HomeMy WebLinkAbout111594 CC AgendaAGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
COMMUNITY RECREATION CENTER - 30875 RANCHO VISTA ROAD
NOVEMBER 15, 1994- 7:00 PM
In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the office of the City Clerk
(909) 694-6444. Notification 48 hours prior to the meeting will enable the City to
make reasonable arrangements to ensure accessibility to this meeting [28 CFR
35. 102.35. I04ADA Title II]
At approximately 9:45 PM, the City Council will determine which of the remaining
agenda items can be considered and acted upon prior to 10:00 PM and may
continue all other items on which additional time is required until a future meeting.
All meetings are scheduled to end at 10:00 PM,
Next in Order:
Ordinance: No. 94-32
Resolution: No. 94-104
CALL TO ORDER:
Mayor non Roberts presiding
Invocation:
Pastor Joe Rider, Rancho Baptist Church
Flag Salute:
Councilmember Stone
ROLL CALL:
Birdsall, Mu~oz, Parks, Stone, Roberrs
PRESENTATIONS/
PROCLAMATIONS
PUBLIC COMMENTS
Bicycle Safety Poster Contest Winners
Proclamation - "1994 California Family Week"
Proclamation - "Great American Smokeout Day"
A total of 15 minutes is provided so members of the public can address the Council on
items that are not listed on the Agenda or on the Consent Calendar. Speakers are limited
to two (2) minutes each. If you desire to speak to the Council on an item not listed on the
Agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out
and flied with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items a "Request to Speak" form must be filed with the City Clerk
before the Council gets to that item. There is a five (5) minute time limit for individual
speakers.
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made at
this time. A total, not to exceed, ten (10) minutes will be devoted to these reports.
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless members
of the City Council request specific items be removed from the Consent Calendar for
separate action.
Standard Ordinance Adoption Procedure
RECOMMENDATION:
1.1
Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda.
2
3
Minutes
RECOMMENDATION:
2.1 Approve the minutes of October 11, 1994.
Resolution ADorovino List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 94-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING
CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
4
5
6
7
City Treasurer's Report as of Seotember 30, 1994
RECOMMENDATION:
4.1 Receive and file the City Treasurer's Report as of September 30, 1994.
Review of City Conflict of Interest Code
RECOMMENDATION:
5.1 Review amendments to the City's Conflict of Interest Code.
5.2 Adopt a resolution entitled:
RESOLUTION NO. 94-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING
AN AMENDED CONFLICT OF INTEREST CODE
5.3 Direct the City Clerk to file the amended Conflict of Interest Code with the Fair
Political Practices Commission (FPPC).
Substitute Subdivision Imorovement AQreement and Public Improvement Bonds in TraCt
21067 (Located at the northeast corner of Pala Road at Loma Linda Road)
(Continued from the meeting of 10/18/94)
RECOMMENDATION:
6.1 Accept Substitute Subdivision Improvement Agreement and Faithful Performance
and Labor and Material Bonds for Street, Water and Sewer Improvements, and
Subdivision Monumentation Bond in Tract No. 21067.
6.2 Direct the City Clerk to so advise the Developer and Surety.
Contract Amendment No. 8 to Community Facilities District 88-12 EnQineerino Services
Contract with J.F. Davidson Associates, Inc. for the I-15/Rancho California Road
Interchanc~e Modifications
(Continued from the meeting of 10/18/94)
RECOMMENDATION:
7.1 Approve Contract Amendment No. 8 to provide additional engineering services for
CFD 88-12 by J.F. Davidson Associates, Inc. (JFD) for the I-15/Rancho California
Road Interchange modification in an amount not to exceed $107,000.00.
9
10
11
Federal Implementation Plan (FIP) OODositi0n Form
RECOMMENDATION:
8.1 Authorize the Mayor to sign the enclosed Federal Implementation Plan (FIP)
Opposition Form.
8.2 Adopt a resolution entitled:
RESOLUTION NO. 94-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO STOP
THE $50 BILLION DOLLAR FIP BEFORE IT STOPS CALIFORNIA
General Liability Insurance Renewal
RECOMMENDATION:
9.1 Approve the renewal of the City's Municipal General, Automobile, and Public
Officials Errors and Omissions Liability insurance policy with Insurance Company of
the West, the annual premium amount is $98,633, and Automobile Physical
Damage, at a premium of $5,869.
Completion and Acceotance of the Pre-cast T-sections Portion of the Liefer Road Bridae
and Street Imorovements. Project No. PW93-02
RECOMMENDATION:
10. 1 Accept the pre-cast bridge T-sections portion of the Liefer Road Bridge and Street
Improvements, Project No. PW93-02, as complete.
10.2 Direct the City Clerk to file the Notice of Completion.
Solicitation of Bids for the Acauisition of Riaht-Of-Wav Weed Control ADDlications Contract
(Project No. PW94-20)
RECOMMENDATION:
11.1 Authorize the Department of Public Works to solicit public bids for the annual right--
of-way weed control contract (Project No. PW94-20).
12 Fundino Aoreement for Murrieta Creek Botanical Assessment Consultant Services
13
14
15
RECOMMENDATION:
12.1
Approve the agreement between the Riverside County Flood Control and Water
Conservation District, (DISTRICT), Kernper Community Development Company,
(DEVELOPER), and the City of Temecula, (CITY), providing for the financing of
Botanical Assessment Consulting (CONSULTANT) services required as a condition
of the issuance of an Emergency Permit by the U.S. Army Corps of Engineers
following the January 1993 flooding.
12.2 Appropriate eight thousand nine hundred dollars ($8,900.00)for a deposit as the
estimate of CITY'S share for cost of CONSULTANT'S work on the reach of the
Murrieta Creek Channel not owned by either DEVELOPER or DISTRICT.
Substitute Subdivision Imorovement AQreement and Public Imorovement Bonds in Tract
No. 23125-1 (Located at the northeast corner of Butterfield Stage Road at DePortola Road)
RECOMMENDATION:
13.1 Accept the substitute Subdivision Improvement Agreement, Traffic Signalization
Mitigation Agreement, and Faithful Performance and Labor and Material Bonds for
Street, Drainage, Water and Sewer improvements, and Subdivision Monumentation
Bond in Tract No. 23125-1;
13.2 Direct the City Clerk to so advise the Developer and Sureties.
Final Vestina Tract MaD NO. 24133
(Located east of Margarita Road and south of Santiago Road)
RECOMMENDATION:
14.1 Approve Final Vesting Tract Map No. 24133 subject to the Conditions of Approval.
Final Vestina Tract MaD No. 23125-2
(Located east of Butterfield Stage Road and north of De Portola Road)
RECOMMENDATION:
15.1 Approve Final Vesting Tract Map No. 23125-2 subject to the Conditions of
Approval.
16 Acceptance of Public Street into the City-Maintained Street System (Maroarita Road from
Winchester Road to Northerly Citv Limits)
17
18
RECOMMENDATION:
16.1 Adopt a resolution entitled:
RESOLUTION NO. 94-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA. ACCEPTING A CERTAIN PUBLIC STREET CONSTRUCTED UNDER
ASSESSMENT DISTRICT NO. 161 INTO THE CITY-MAINTAINED STREET SYSTEM
(MARGARITA ROAD FROM WINCHESTER ROAD TO THE NORTHERLY CITY
LIMITS)
Final Parcel MaD 25212
(Located at the Northeast corner of the intersection of Nicolas Road and Liefer Road)
RECOMMENDATION:
17.1 Rescind their approval of Final Parcel Map No. 25212 and release the associated
Street and Water Improvement bonds.
Award of Contract for the Construction of a Traffic Sional & Vehicle Pre-Emption
Installation, Project N0. PW94-05
RECOMMENDATION:
18.1
Award a contract for the construction of the Traffic Signal and Vehicle Pre-Emption
Installation, Project No. PW94-05 to Paul Gardner Corporation for $26,477.00and
authorize the Mayor to execute the contract.
18.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $2,647.70 which is equal to 10% of the contract amount.
19
Award of Construction Contract for Project No. PW94-14. FY94-95 Citywide A.C. Repair
Proqram
RECOMMENDATION:
19.1
Award a contract for Project No. PW94-14, FY94-95 Citywide A.C. Repair Program,
to A.L. Chavez Enterprises, Inc., the lowest responsible bidder, for the sum of
$87,401.76.
19.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $8,740.17 which is equal to 10% of the contract amount.
2O
21
22
23
Award of Construction Contract for Project NO. PW94-17, FY94-95 Street StriDino
Prooram
RECOMMENDATION:
20.1 Award a contract for Project No. PW94-17, FY94-95 Street Striping Program to
I.P.S. Services, Inc. responsible bidder, in the amount of $83,700.
20.2 Authorize a budget transfer in the amount of $48,700 from Account No. 100-164-
601-5402to Account No. 100-164-601-5410.
Supplement No. 002 to Local Aoencv - State Aareement for Federal Aid Project NO. 08-
6052, I-15/I-215 Corridor Study
RECOMMENDATION:
21.1 Adopt a resolution entitled:
RESOLUTION NO. 94-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING
SUPPLEMENT NO. 002, TO LOCAL AGENCY AGREEMENT NO. 08-5459, BETWEEN
THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA
FOR FEDERAL AID PROJECT NO. 08-6052, I-15/I-215 CORRIDOR STUDY
Educational Radar Trailer DisDlav Unit
RECOMMENDATION:
22.1 Approve the purchase of an Educational Radar Trailer Display Unit in the amount of
$10,400.
Lot Line Adjustment and Easements for Rancho California Water District (R.C.W.D.) Well
Site No. 216- Rancho California SPorts Park
RECOMMENDATION:
23.1 Approve Lot Line Adjustment No. PA93-147 and authorize the Mayor to execute the
document.
23.2 Approve the Corporation Grant Deeds exchanging property between the City and
R.C.W.D. and authorize the Mayor to execute the document.
23.3 Approve the Grant of Easement to R.C.W.D. for Permanent Access and authorize
the Mayor to execute the document.
23.4 Approve the Grant of Easement to R.C.W.D. for Drainage proposes only and
authorize the Mayor to execute the document.
24 Pala Community Park - Project No. PW93-03CSD. Rancho California Water District
(R.C.W.D.) - Water Meter Fees
25
RECOMMENDATION:
24.1 Approve and authorize the payment of water meter fees in the amount of
;13,972.00to R.C.W.D.
Consideration of a Contract Amendment for Weed Abatement Services
RECOMMENDATION:
25.1
Approve a contract amendment extending an agreement for professional services
for weed abatement with Gre¢l Smith, Smith Tractor Services, to December 31,
1994. The total amount of t~' s agreement not to exceed twenty-four thousand
(;24,000) dollars.
26
27
Contract for Professional Services with C.M. Gilliss, Consultant
RECOMMENDATION:
26.1
Approve and authorize the Mayor to execute the Professional Services Agreement
with C.M. "Max" Gilliss to act as a liaison between the City and governmental
agencies and special interest groups for a monthly fee of $3,000.00.
26.2 Appropriate $12,000 in the City Manager's Department consulting line item from
the General Fund - Fund Balance.
Summary Vacation of an existino forty (40) foot access oDenine frontine On Ynez Road
between Solana way and Rancho California Road on Parcel 2 of Parcel MaD No. 23496 and
Acceptance of new access oDenine
RECOMMENDATION:
27.1 Adopt a resolution entitled:
RESOLUTION NO. 94-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUMMARILY
VACATING AN EXITING FORTY (40) FOOT ACCESS OPENING EXCEPTION TO
RESTRICTED ABUTTERS RIGHTS FOR PARCEL 2 OF PARCEL MAP 23496
LOCATED ON YNEZ ROAD BETWEEN SOLANA WAY AND RANCHO CALIFORNIA
ROAD
27.2
Approve the new location of the access opening in substantially the location
described as "Opening No. 1" as described on the attachments to this Staff Report
and authorize the City Engineer to approve the specific location which will create
the new access opening. The Owner shall prepare an agreement which will
quitclaim their existing access rights. The document is subject to the approval of
the City Engineer and City Attorney prior to the recordation of the document.
28
Summary Vacation of an existino forty (40) foot access oDenine frondno on Jefferson
Avenue between Sanborn Avenue and Bueckino Drive on Parcels 2 and 3 of Parcel mad
NO. 23561-2 and Acceptance of new access oDenines
RECOMMENDATION:
28.1 Adopt a resolution entitled:
RESOLUTION NO. 94-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUMMARILY
VACATING AN EXISTING FORTY (40) FOOT ACCESS OPENING EXCEPTION TO
RESTRICTED ABUTTERS RIGHTS FOR PARCELS 2 AND 3 OF PARCEL MAP 23561 -
2 LOCATED ON JEFFERSON AVENUE BETWEEN SANBORN AVENUE AND
BUECKING DRIVE
28.2
Approve the new locations of the access openings in substantially the locations
described as "Opening No. 1" and Opening No. 2" as described on the attachments
to this Staff Report and authorize the City Engineer to approve the specific location
which will create the new access openings. The Owner shall prepare an agreement
which will quitclaim their existing access rights. The document is subject to the
approval of the City Engineer and City Attorney prior to the recordation of the
document.
PUBLIC HEARINGS
Any person may submit written comments to the City Council before a public
hearing or may appear and be heard in support of or in opposition to the approval of
the project(s) at the time of hearing. If you challenge any of the projects in court,
you may be limited to raising only those issues you or someone else raised at the
public hearing or in written correspondences delivered to the City Clerk at, or prior
to, the public hearing.
29
Plannine Aoolication No. PA94-0063 (ADDeal) - a Forty-One Foot, Six Inch Hioh (41 '6"),
One Hundred Twenty-Two (122) Souare Foot Freestandino Freeway Oriented Sion for
Toyota of Temecula Valley located on the East Side of Interstate 15
(Continued from the meeting of October 11, 1994)
RECOMMENDATION:
29.1 Adopt a resolution entitled:
RESOLUTION NO. 94-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING
PLANNING APPLICATION NO. PA94-0063 (APPEAL), UPHOLDING PLANNING
COMMISSION'S DECISION TO DENY PLANNING APPLICATION NO. PA94-0063,
TO ALLOW THE CONSTRUCTION OF A FORTY-ONE FOOT, SIX INCH HIGH
(41 '6"), ONE HUNDRED TWENTY-TWO (122) SQUARE FOOT FREESTANDING
FREEWAY ORIENTED SIGN FOR TOYOTA OF TEMECULA VALLEY LOCATED ON
THE EAST SIDE OF INTERSTATE 15 AND KNOWN AS ASSESSOR'S PARCEL NO.
911-150-005
30
DisaDoroval of Cable Television Rates for Basic Service Tier and Associated EeuiDment of
Inland Vallev Cablevision. and Orderina a Refund for Excessive Rates
(Continued from the meeting of October 11, 1994)
RECOMMENDATION:
30.1 Adopt a resolution entitled:
RESOLUTION NO. 94~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
DISAPPROVING THE CABLE TELEVISION RATES FOR BASIC SERVICE TIER AND
ASSOCIATED EQUIPMENT OF INLAND VALLEY CABLEVISION, AND ORDERING A
REFUND FOR EXCESSIVE RATES
31 Nondisposal Facility Element
RECOMMENDATION:
31.1 Adopt a resolution entitled:
RESOLUTION NO. 94-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING
THE NONDISPOSAL FACILITY ELEMENT AS PRESCRIBED BY THE CALIFORNIA
INTEGRATED WASTE MANAGEMENT ACT OF 1999
COUNCIL BUSINESS
32
33
34
35
Property Insurance CoveraQe
(Continued from the meeting of 9/13/94)
RECOMMENDATION:
32.1 Provide direction to staff in accordance with one of the following options:
· Submit notice to Strachota and Aetna that the City is terminating the policy,
effective November 30, 1994 and direct staff to obtain property insurance coverage
through Driver/PEPIP, effective December 1, 1994.
· Terminate the Aetna policy in conjunction with its expiration on February 26, 1995.
In the interim, revise the policy provisions in accordance with the proposal
submitted by Strachota. Direct staff to obtain property insurance coverage through
Driver/PEPIP, after expiration of the current Aetna policy.
Consideration of Soonsorshio Requests
RECOMMENDATION:
33.1 Consider the sponsorship requests for the Rod Run Association, Balloon and Wine
Association, and the Tractor Race Committee of the Temecula Town Association
(TTA).
Rorioaueh Ranch Density Consideration
(Requested by Councilmember Parks)
RECOMMENDATION:
34.1 Review and provide direction to staff.
Main Street Proqram
RECOMMENDATION:
35.1 Provide direction to Staff on:
· The needed amendments to the existing Bylaws;
· The future organization of Main Street Association;
· The use of alternate funding sources for the Main Street Program;
· The draft Cooperative Agreement between the Old Town Mainstreet (Merchants)
Association and the City of Temecula.
36
37
38
Auto Mall Marauee Fundina
RECOMMENDATION:
36.1 Reconsider a loan to the Auto Dealers Association of Temecula to erect an auto mall
marquee and provide staff direction concerning possible site relocation and design
revisions.
Community Services Fundino Ad Hoc Subcommittee
RECOMMENDATION:
37.1 Appoint two Council members to serve on an ad hoc subcommittee to review
applications for Community Services Funding.
Public\Traffic Safety Commission Goals and Obiectives
RECOMMENDATION:
38.1 Direct staff to prepare a resolution defining the Public/Traffic Safety Commission's
Goals and Objectives.
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
ADJOURNMENT
Next regular meeting: November 29, 1994, 7:00 PM, Community Recreation Center, 30875
Rancho Vista Road, Temecula, California.
TEMECULA COMMUNITY SERVICES DISTRICT MEETING * (Tobe held at 8:00)
CALL TO ORDER: President Jeffrey E. Stone
ROLL CALL: DIRECTORS: Birdsall, Mu~oz, Parks, Roberrs, Stone
PUBLIC COMMENT: Anyone wishing to address the Board of Directors, should present a
completed pink "Request to Speak" to the City Clerk. When you are called to speak, please come
forward and state your name and address for the record.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1,1 Approve the minutes of October 11, 1994.
2 Community Services Recreation Brochure
RECOMMENDATION:
2.1 Accept proposal of $15,039from Graphic Unlimited to print one (1) issue of the
Community Services Recreation Brochure.
3 Acceotance of Aareement and Bonds - Kaufman and Broad of San Dieao, Inc.
RECOMMENDATION:
3.1 Accept the agreement and surety bonds provided by the developer to improve the
perimeter landscaping within Tract No. 23125-1 - Kaufman and Broad of San Diego,
Inc.
DISTRICT BUSINESS
4 RanCho California Sports Park Imorovement Proiect Desion Considerations
RECOMMENDATION:
4.1 Direct staff to bid the Rancho California Sports Park Improvement Project as
designed in accordance with the approved master plan and bid the skateboard
facility as an add alternate bid.
GENERAL MANAGERS REPORT - Bradley
DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson
BOARD OF DIRECTORS REPORTS
ADJOURNMENT: Next meeting November 29, 1994, 8:00 PM, Community Recreation Center,
30875 Rancho Vista Road, Temecula, California.
' TEMECULA REDEVELOPMENT AGENCY:MEETING
CALL TO ORDER: Chairperson Ronald J. Parks presiding
ROLL CALL: AGENCY MEMBERS: Birdsall, Mu~oz, Roberrs, Stone, Parks
PUBLIC COMMENT: Anyone wishing to address the Agency, should present a completed pink
"Request to Speak" to the City Clerk. When you are called to speak, please
come forward and state your name and address for the record.
CONSENT CALENDAR
MinUtes
RECOMMENDATION:
1.1 Approve the minutes of October 11, 1994.
2 Authorization of Aareement for Professional Consultine Services for Transportation and
Traffic Enaineerina for T.Z.B.G., Inc. Proiect, Old Town Parkincl Study, RFP #30
RECOMMENDATION:
2.1 Authorize the Chairperson to execute an agreement with Robert Kahn, John Kain &
Associates, Inc. for a parking study in the amount of $20,420. Agreement will be
subject to the approval of the Executive Director and the General Council as to final
form.
AGENCY BUSINESS
3 Consideration of RDA Commercial Rehabilitation Small Business Loan (Temecula Shuttle)
RECOMMENDATION:
3.1 Consider approval of an RDA commercial rehabilitation loan to Edward and Kathleen
Dool DBA Dual Development Inc.
4
AcQuisition of Low and Moderate Income Housina Site
RECOMMENDATION:
4.1 Approve the purchase of a site located at the southwest corner of Diaz Road and
Cherry Avenue for the purpose of providing low and moderate income housing
within a five to ten year period.
4.2 Appropriate $3,744,368 in the Low and Moderate Income Housing Fund (165).
EXECUTIVE DIRECTOR'S REPORT
AGENCY MEMBER'S REPORTS
ADJOURNMENT: Next Meeting: November 29, 1994, 8:00 PM, 30875 Rancho Vista Road,
Temecula, California.
PROCLAMATIONS/
PRESENTATIONS
The City of Temecula
PROCLAMATION
WltF. REAS, the family has been the vehicle of survival and stability in every culture
from ancient Egypt to present-day America, and
Wlff!~,REAS, individuals first find identity within the family circle, realize their
relationship to others and to a Supreme Being, and discover there exists moral absolutes such
as truth and honesty, right and wrong; and
WIItF,,REAS, the family group is the first unit of government, the primary place where
individuals learn rules of conduct and infractions for disobedience; where respect, honor and
wholesome standards of behavior are practiced, and where individuals learn to interact,
communicate, acquire social skills and form and express personal views; and
WHI~,REAS, to focus on family, give thanks for its existence and encourage wholesome
family life, it has become traditional for the President and Congress of the United States to
proclaim the week in which Thanksgiving Day falls as "National Family Week";
NOW, THEREFORE, I, Ronald It. Roberts, on behalf of the City Council of the City
of Temecula, hereby proclaim the week of November 20-26, 1994 to be
"1994 California Family Week"
in the City of Temecula, and encourage the celebration of this week through family reunions and
by establishing stronger family ties, reinforcing and instituting family traditions, feasting,
worshipping together and with other appropriate activities.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City
of Temecula to be affvced this 15th day of November, 1994.
Ron Roberts, Mayor
June S. Greek, City Clerk
The City of Temecula
PROCLAMATION
WItEREAS, The American Cancer Society 's Great American Smokeout is a light~hearted
effort to encourage smokers to give up their habit for 24 hours on Thursday, November 17th;
and
WIclEREAS, for eighteen consecutive years, millions of smokers, including many in the
City of Temecula have participated in this event; and
WHEREAS, the health benefits of not smoking are substantiated and well known; and
W!tEREAS, there are additional civic benefits, such as reduction of the risks of
accidental fires and illnesses related to secondhand smoke;
NOW, THEREFORE, I, Ronald H. Roberts, on behalf of the City Council of the City
of Temecula, hereby proclaim the week of November 17, 1994 to be
"GREAT AMERICAN SMOKEOUT DAY"
and in doing so, encourage all smokers and smokeless tobacco users in the community to
demonstrate to themselves and their friends that they can quit if they wish by joining the
American Cancer Society's 18th Annual Great American Smokeout.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City
of Temecula to be affixed this 15th day of November, 1994.
Ron Roberts, Mayor
June S. Greek, City Clerk
ITEM 1
ITEM 2
MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
HELD OCTOBER 11, 1994
A regular meeting of the Temecula City Council was called to order at 7:02 PM at the
Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor Ron
Roberts presiding.
PRESENT 5 COUNCILMEMBERS: Birdsall, Mufioz, Parks,
Stone, Roberts
ABSENT: 0 COUNCILMEMBERS: None
Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City
Clerk June S. Greek.
EXECUTIVE SESSION
A meeting of the City of Temecula City Council was called to order at 5:42 PM. It was moved
by Councilmember Birdsall, seconded by Councilmember Parks to adjourn to Executive Session
pursuant to Government Code § 54956.9, Conference with Legal Counsel - Existing Litigation
(Old Vail Partners, Hill, Rancho Regional Center and Dawes vs City of Temecula) and the Claim
of Harrison, Nichols vs. the city of Temecula, et. al. The motion was unanimously carried with
Councilmember Mu~oz absent. Councilmember Mu~oz arrived at 6:05 PM. The meeting was
reconvened in regular session at 7:02 PM.
INVOCATION
The invocation was given by Pastor Ken Coil, Neighborhood Church of the Nazarene.
PLEDGE OF ALLEGIANCE
The audience was led in the flag salute by Councilmember Mu~oz.
PRESENTATIONS/
PROCLAMATIONS
Mayor Roberts proclaimed October 14, 15 and 16, 1994, to be "The Help Retarded Children
Weekend". Mr. George Rooney, representing Knights of Columbus, thanked the City for their
proclamation and invited the public to participate in the "Tootsie Roll Drive" to benefit retarded
children in the community.
PUBLIC COMMENTS
None given.
Minutes~l 0\11 ~94 - 1 - 10125194
City Council Minutes October 11, 1994
CITY COUNCIL REPORTS
Councilmember Birdsall thanked all those who participated with the Tractor Race.
Mayor Pro Tern Stone stated he attended the Concert on the Green and is in support of more
events such as this.
Councilmember Parks reported he artended a SCAG meeting and the regional plan is moving
forward with four elements approved at the last meeting. He also asked that the traffic light
timing on Winchester Road be examined.
Mayor Roberrs announced that the October 3, 1994 Candidates Forum scheduled to be aired
on Cable TV last Saturday had technical problems and will air Friday, October 14th on Channel
28 at 6:00 PM.
Mayor Roberts presented the Council with gifts from Mayor Einhorn of Voorburg, Holland,
Temecula's first Sister City, and from Carcassone, France, which is also being considered as
a Sister City with Temecula.
Mayor Roberrs expressed condolences to the families of Autumn Harkey and Sam Couch on
behalf of the City Council.
CONSENT CALENDAR
Mayor Roberts announced that a request had been made to continue Items No. 11 and 13.
Councilmember Parks abstained on Items Nos. 10 and 13. Councilmember Birdsall abstained
on Item No. 5. Mayor Pro Tern Stone abstained on Item No. 6. Councilmember Mu~oz
abstained on Item No. 12 and requested the removal of Items 4, 6 and 9 from the Consent
Calendar. Councilmember Parks requested the removal of Item No. 12 from the Consent
Calendar.
It was moved by Mayor Pro Tem Stone, seconded by Councilmember Birdsall to approve
Consent Calendar Items 1-5, 7, 8, 10, 11, 13-16, with Items 11 and 13 being continued.
The motion was carried by the following vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Birdsall, Mu~oz, Parks, Stone, Roberts
None
None
Minutes\10\l 1\94 -2- IO/25/94
City Council Minutes October 11.1994
2
Standard Ordinance Adoorion Procedure
1.1 Motion to waive the reading of the text of all ordinances and resolutions
included in the agenda.
MinUte~
2.1 Approve the minutes of September 13, 1994.
2.2 Approve the minutes of September 27, 1994.
3
5
Resolution AoDrovine List of Demands
3.1 Adopt a resolution entitled:
RESOLUTION NO. 94-98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
Reiect the Bid for the Pala Road at Hwv 79S, Riaht Turn Lane Project (No. PW94-08) -
5.1 Reject the bid and direct staff to re-bid the Pala Road at Hwy 79S, Right Turn
Lane Project (PW94-08).
The motion was carried by the following vote:
AYES: 4 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
ABSTAIN: 1 COUNCILMEMBERS:
Interim Director of Public Works Contract
7.1 Approve a contract with Kicak and Associates to provide Interim City
Engineer/Director of Public Works services.
Parks, Mu~oz, Stone, Roberts
None
None
Birdsall
Minutes\ 10% 11 \94 -3- 10/25/94
City Council Minutes
8.
10.
October 11, 1994
Records Destruction Approval
8.1 Approve scheduled destruction of certain records as provided under the City of
Temecula approved Records Retention Policy.
Authorize Reduction in Faithful Performance Bond Amounts in Tract No. 25004-1 -
(Property Located East of Seraphina Road, North of Nicolas Road)
10.3
The motion was carried by the following vote:
10.1 Authorize a fifty (50) percent reduction in Faithful Performance Street, Water
and Sewer improvement Bond amounts;
10.2 Accept the Faithful Performance Improvement Bond Rider in the reduced
amount in Tract No. 25004-1;
Direct the City Clerk to so advise the Developer and Surety.
AYES: 4 COUNCILMEMBERS: Birdsall, Mu~oz, Stone, Roberts
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: I COUNCILMEMBERS: Parks
11
13
Substitute Subdivision Improvement AGreement and Public Improvement Bonds in Tract
21067 (Property Located South of Highway 79-S and Northeast of Pala Road)
11.1 Continue to the meeting of October 18, 1994.
Walcott Corridor Improvements, Project No. PW94-10, Rancho California Water District
FundinG Reauest
13.1 Continue to the meeting of October 18, 1994.
The motion was carried by the following vote:
AYES: 4 COUNCILMEMBERS: Birdsall, Mu~oz, Stone, Roberrs
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: I COUNCILMEMBERS: Parks
Minutes~10\11\94 -4- 10/25/94
City Council Minutes October 11. 1994
14
Aeproval of Contract Services Aoreements
14.1
Approve contract service agreements for Esgil Corporation, Vandorpe Chou
Associates, Ray Grage and Associates and Robert Bein, William Frost and
Associates, to provide building plan check services to the Building and Safety
Department.
SECOND READING OF ORDINANCES
15
Second Readino of Ordinance 94-25
15.1 Read by title only and adopt an ordinance entitled:
ORDINANCE NO. 94-25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
MODIFYING SECTION G(1 .) OF RIVERSIDE COUNTY ORDINANCE NO. 475.73
ADOPTED BY REFERENCE BY THE CITY OF TEMECULA IN ORDINANCE NO.
90-04. TO CHANGE THE HOURS AND DAYS DURING WHICH
CONSTRUCTION ACTIVITY IS ALLOWED
16
Second Readino of Ordinance No. 94-28
16.1 Read by title only and adopt an ordinance entitled:
ORDINANCE NO. 94-28
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING
CHAPTER 10.36 TO THE TEMECULA MUNICIPAL CODE FOR THE
REGULATION OF NEWSRACKS IN PUBLIC RIGHTS OF WAY
Public Nuisance Abatement - 30301 Nicolas Road
Councilmember Mu~oz asked if a public hearing would be held on this issue after the
abatement occurs. City Attorney Thorson explained that code requires a public hearing
be held to determine what percentage of associated costs will be assessed and to give
the property owner the opportunity to object,
Councilmember Parks asked if the property owner has been contacted. Chief Building
Official Tony Elmo responded that this property has seven owners and they have been
made aware of the process.
Minutes\10~11 \94 -5- 10125194
City Council Minutes October 11, 1994
It was moved by Councilmember Mu~oz, seconded by Mayor Pro Tem Stone to
approve staff recommendation as follows:
4.1 Approve the issuance of a purchase order in the amount of $58,600 to
Environmental Control Systems, Inc. for the removal of all trash, debris, building
foundations and for the securing of all buildings.
4.2 Approve an appropriation of $58,600 for Account No. 001-162-999-5250,
Other Outside Services, from Unreserved Fund Balance.
The motion was unanimously carried.
Reauest to Caltrans for Freeway Guide Sions Identifvino the Old Town Business District
Councilmember Mu~oz reported he spoke with Peter Chan at Caltrans and with the
support of the Council, is hopeful this project will become a reality.
It was moved by Councilmember Mu~oz, seconded by Councilmember Parks to
approve staff recommendation as follows:
6.1 Adopt a resolution entitled:
RESOLUTION NO. 94-99
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
REQUESTING THE INSTALLATION OF FREEWAY GUIDE SIGNS IDENTIFYING
THE OLD TOWN TEMECULA BUSINESS DISTRICT
The motion carried by the following vote:
AYES: 4 COUNCILMEMBERS: Birdsall, Mu~oz, Parks, Roberts
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 1 COUNCILMEMBERS: Stone
Vehicle Purchase for Fire Insoector
Councilmember Mu~oz asked why an additional City Vehicle is needed. Finance Officer
Mary Jane McLarney explained this vehicle will be used by the Fire Inspector who
previously used a County Vehicle. Ms. McLarney stated the County allowed the City
to use this vehicle for the past six months, but now has allocated to another area.
Minutes\ 10\ 11 \94 -6- 10/25/94
Council Minutes
12.
October 11, 1994
Councilmember Mu~oz asked if the new vehicle can be converted to propane. Finance
Officer McLarney responded this vehicle can be converted.
It was moved by Councilmember Mu~oz, Seconded by Mayor Pro Tern Stone to
approve staff recommendation, with the additional direction that the vehicle be
retrofitted for use of propane as an alternate fuel.
The motion was unanimously carried.
Solicitation of Construction Bids and Approval of the Plans and Specifications for the
Winchester Road Interim Street improvements (Proiect NO. PW94-03)
Councilmember Parks asked that a staff report be given on this matter. Principal
Engineer Don Spagnolo presented an overview of the project.
Councilmember Birdsall asked if the engineer's estimate is for night or day work. Mr.
Spagnolo responded this is the day estimate.
Councilmember Parks asked that the bidding process be expedited.
It was moved by Councilmember Parks, seconded by Mayor Pro ~7em Stone to approve
staff recommendation as follows:
12.1 Approve the Construction Plans and Specifications and authorize the
Department of Public Works to solicit public construction bids for Project No.
PW94-03, Winchester Road interim Street Improvements.
The motion was carried by the following vote:
AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Stone, Roberts
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 1 COUNCILMEMBERS: Mu~oz
Mayor Roberts announced Item No. 20 will be continued to the meeting of November 15,
1994.
17. SPecific Plan NO. 263 (ReGional Center) and Chan~le of Zone No. 5589
Councilmember Mu~oz stepped down from the dias due to a conflict of interest.
Director of Planning Gary Thornhill presented the staff report.
Minutes\l 0~11 \94 -7- 1 O/25194
Ci~' Council Minutes October 11, 1994
Mayor Pro Tem Stone stated he has heard the sewage plant is nearing capacity and
asked what provisions have been made if this occurs. Director of Planning Thornh~.
stated it is his understanding that EMWD is planning expansion of their facilities.
Councilmember Parks said he understandings that the Overland Bridge will be funded
through second phase CFD 88-12 Bond sales when 750,O00square feet of occupancy
reached. He asked what happens if the property is sold. Mr. Thornhill explained that
conditions stay with the property.
Mayor Roberts opened the public hearing at 8:00 PM.
Dennis Chiniaeff, 27555 Ynez Road, No. 202, spoke in favor of the project.
RECESS
Mayor Roberts called a brief recess at 8:03 PM to change the tape. The meeting was
reconvened at 8:04 PM.
Philip Hoxsey, 43318 Cielo De Azul, spoke in opposition to the project based on
possible usages. He also stated he feels the developer should be required to build
Overland Overcrossing prior to development.
Mayor Roberrs closed the public hearing at 8:08 PM.
Councilmember Birdsall expressed her support of the project and stated that Kernper
should not be expected to carry the entire burden of the Overland Crossing.
Mayor Pro Tem Stone expressed his support of the project and stated this area
deserves a regional mall and that he would be actively recruiting this type of
development.
Councilmember Parks said he feels staff and the developer have worked hard to work
out a quality plan. He stated he would be willing to work with a committee and
achieve buy-in from all the property owners, to speed construction of the Overland
Overcrossing.
Minutes\ 1 O\11 \94 -8- 10/25/94
City Council Minutes October 11.1994
It was moved by Councilmember Birdsall, seconded by Mayor Pro Tem Stone to
approve staff recommendation 17.1 as follows:
17.1 Adopt a resolution entitled:
RESOLUTION NO. 94-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ADOPTING THE ADDENDUM TO FEIR NO. 340; TO ADOPT AN ADDENDUM
TO FEIR NO. 340 INCLUDING A NEW MITIGATION MONITORING PROGRAM
AND DETERMINING NO ADDITIONAL IMPACTS AS A RESULT OF CHANGING
THE CIRCULATION MITIGATION MEASURES LOCATED AT THE SOUTHEAST
CORNER OF THE INTERSECTION OF YNEZ ROAD AND WINCHESTER ROAD
The motion was unanimously carried with Councilmember Mu~oz abstaining.
It was moved by Councilmember Birdsall, seconded by Mayor Pro Tem Stone to
approve staff recommendation 17.2 as follows:
17.2 Introduce and read by title only an ordinance entitled:
ORDINANCENO. 94-29
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE
CHANGE OF ZONE APPLICATION CONTAINED IN CHANGE OF ZONE NO.
5589, CHANGING THE ZONE FROM R-R (RURAL RESIDENTIAL) AND A-2-20
(HEAVY AGRICULTURE, 20 ACRE MINIMUM) TO SP {SPECIFIC PLAN) ON
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION
OF YNEZ ROAD AND WINCHESTER ROAD
The motion was unanimously carried with Councilmember Mu~oz abstaining.
It was moved by Councilmember Birdsall, seconded by Mayor Pro Tem Stone to
approve staff recommendation 17.3 as follows:
17.3 Introduce and read by title only an ordinance entitled:
ORDINANCENO. 94-30
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ADOPTING LAND DEVELOPMENT STANDARDS FOR SPECIFIC PLAN NO. 263
(REGIONAL CENTER) LOCATED AT THE SOUTHEAST CORNER OF THE
INTERSECTION OF YNEZ ROAD AND WINCHESTER ROAD
Minutes\lO\l 1%94 -9- 10/25/94
City Council Minutes October 11, 1994
The motion was unanimously carried with Councilmember Mu~oz abstaining.
It was moved by Councilmember Birdsall, seconded by Mayor Pro Tem Stone to
approve staff recommendation 17.4 as follows:
17.4 Adopt a resolution entitled:
RESOLUTION NO. 94-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING SPECIFIC PLAN 2634 PROPOSING A 1,375,000 SQUARE FOOT
COMMERCIAL CORE, 810,000 SQUARE FEET OF OFFICE-INSTITUTIONAL
WITH POSSIBLE MULTI-FAMILY RESIDENTIAL AND AN ADDITIONAL 298,000
SQUARE FEET OF RETAIL COMMERCIAL LOCATED AT THE SOUTHEAST
CORNER OF THE INTERSECTION OF YNE7 AND WINCHESTER ROADS
The motion was unanimously carried with Councilmember Mu~oz abstaining.
RECESS
Mayor Roberrs called a recess at 8:15 PM. The meeting was reconvened following the
previously scheduled Community Services District and Redevelopment Agency Meeting at
9:45 PM.
18.
Plannine Aoplication No. PA94-0063(ApOeal)- a Forty-One Foot. Six Inch HiQh (41 '6"),
One Hundred Twenty-Two (122 SQuare Foot FreestandinQ Freeway Oriented SiQn for
Toyota of Temecula Valley located on the East Side of interstate 15
Director of Planning Gary Thornhill presented the staff report.
Mayor Pro Tern Stone asked, with respect to Ordinance 348, whether this application
could be granted. Mr. Thornhill responded this application could not be granted
without a variance or a change to the Municipal Code. He explained the applicant has
the option to place a sign either in the front or back of his property.
Mayor Pro Tem Stone asked the status of the Auto Mall Marquee. Planning Director
Thornhill stated the Marquee was approved for a two year period of time, however no
application has been filed.
CounciLmember Birdsall stated she favors the concept of an auto mall marquee over
individual signs.
Mayor Roberts opened the public hearing at 10:35 PM.
Minute;\ 10\ 11 \94 - 1 O- 10~25~94
City Council Minutes October 11, 1994
John H. Marsden, 1225 E. Johnstone Ave, Hemet, spoke in favor of allowing the
Forty-one foot, six inch high sign for Toyota of Temecula. He explained a thirty foot
sign would not be visible from the freeway. He also stated a flag-test had not been
required for this site.
It was moved by Mayor Pro Tem Stone, seconded by Councilmember Mu~oz to extend
the meeting until 11:00 PM. The motion was unanimously carried.
Dan Atwood, 26631 Ynez Road, spoke in favor of the appeal, stating his need for
more visibility from the freeway. He also stated that the auto dealers are not planning
to proceed with the Auto Mall Marquee.
RECESS
Mayor Roberrs called a brief recess at 10:25 PM to change the tape.
reconvened at 10:26 PM with all members present.
19.
The meeting was
Planning Director Gary Thornhill stated staff direction is needed to know if individual
signs will be allowed and or if there is still interest in an Auto Mall Marquee.
It was moved by Mayor Pro Tem Stone, seconded by Councilmember Muffoz to
continue the public hearing to the meeting of November 15, 1994 to allow staff time
to pursue the viability of establishing a marquee sign to serve all the auto dealers in the
auto mall. The motion was unanimously carried.
Planning Aoolication No. 94-0017 Development AGreement for Tract 27827
Director of Planning Gary Thornhill presented the staff report.
City Attorney Thorson reported that "Exhibit A" has been revised to list development
approvals that have been given.
Mayor Roberts opened the public hearing at 11:00 PM.
Dale Gleed, representing Coscan Davidson, 12865 Pointe Del Mar, Suite 200, Del Mar,
stated he prefers the version without the amendment, but is willing to accept the
amendment.
Mayor Roberrs closed the public hearing at 11:02 PM.
Minutes\ 1 O\11 \94 - 11 - 10/25/94
Cit~ Council Minutes October 11, 1994
It was moved by Councilmember Parks, seconded by Mayor Pro Tem Stone to approve
staff recommendation as follows:
19.1 Adopt the Negative Declaration for PA 94-0017.
19.2 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 94-31
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, APPROVING AN AMENDMENT AND RESTATEMENT OF THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND
COSCAN HOMES CALIFORNIA, INC,, DBA COSCAN DAVIDSON HOMES, FOR
SPECIFIC PLAN NO. 164- RORIPAUGH, PLANNING APPLICATION NO. PA94-
0017
The motion was carried by the following vote:
AYES:
3 COUNCILMEMBERS:
Birdsall, Parks, Stone
NOES:
I COUNCILMEMBERS: Roberts
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 1 COUNCILMEMBERS: Mufioz
20.
RECESS
DisaDoroval of Cable Television Rates for Basic Service Tier and Associated EauiDment
of Inland Valley Cablevision. and Orderina a Refund for Excessive Rates
Mayor Roberrs oDened the public hearing at 11:03 PM.
It was moved by Councilmember Parks, seconded by Mayor Pro Tern Stone to continue
the public hearing to the meeting of November 15, 1994. The motion was
unanimously carried.
Mayor Roberts called a recess at 11:03 PM. The meeting was reconvened at 11:08 PM, with
Councilmember Mu~oz absent.
Minutes\ 10~ 11 \94 - 12- 10125/94
City Council Minutes October 11.1994
It was moved by Councilmember Parks, seconded by Mayor Pro Tem Stone to extend the
meeting until 11:30 PM.
21.
The motion was carried by the following vote:
AYES: 3 COUNCILMEMBERS:
NOES: I COUNCILMEMBERS:
ABSENT: I COUNCILMEMBERS:
RorioauQh Ranch Specific Plan Density
Parks, Stone, Roberts
Birdsall
Mu~oz
Senior Planner John Meyer presented the staff report.
Councilmember Parks stated he met with Roripaugh homeowners and the density
change would only address Roripaugh Ranch and does not apply to all areas of the
specific plan. Planning Director Gary Thornhill stated the applicant thought he was
receiving three gross units per acre. He stated he was advised by the City Attorney
that a General Plan Amendment would be necessary to facilitate such a change.
Mayor Pro Tem Stone stated he would not be in favor of granting this exception.
It was moved by Mayor Pro Tem Stone, seconded by Mayor Roberrs to retain the
density at three dwelling units per net acre.
The motion failed by the following vote:
AYES: 2 COUNCILMEMBERS: Stone, Roberts
NOES: 2 COUNCILMEMBERS: Birdsall, Stone
ABSENT: 1 COUNCILMEMBERS: Mu~oz
It was moved by Councilmember Parks, seconded by Councilmember Birdsall to
continue the item to the meeting of November 15, 1994.
The motion failed by the following vote:
AYES: 2 COUNCILMEMBERS: Stone, Roberts
NOES: 2 COUNCILMEMBERS: Birdsall, Stone
ABSENT: 1 COUNCILMEMBERS: Mu~oz
No action was taken as a result of a 2-2 tie vote.
Minutes\ 1 O\ 11 ~94 - 13- 10/25/94
City Council Minutes October 11.1994
22.
Award a Professional Services Contract to NBS Lowry to Preoare the Nicolas Valley
Soecial Study
It was moved by Councilmember Birdsall, seconded by Mayor Pro Tern Stone to
approve staff recommendation as follows:
22.1
Award a Professional Services contract to NBS Lowry in the amount of
$24,673 to prepare the Nicolas Valley Special Study and authorize the Mayor
to execute said contract.
The motion was unanimously carried with Councilmember Mu~oz absent.
23. Proposed Keeo Temecula Clean "Ado0t-A-Street" Acknowledaement Sign Size
Interim Director of Public Works Joe Kicak presented the staff report.
It was moved by Councilmember Birdsall, seconded by Mayor Pro Tem Stone to
approve staff recommendation for a 24 x 24 inch sign.
The motion was unanimously carried with Councilmember Mufloz absent.
24. Community Services Commission Aooointments
It was moved by Councilmember Birdsall, seconded by Mayor Pro Tern Stone to re-
appoint Rich Saltysiak and Jeff Nimeshein to serve three (3) year terms. The motion
was unanimously carried with Councilmember Mu~oz absent.
25. Public\Traffic Safety Commission Aooointments
26.
It was moved by Councilmember Birdsall, seconded by Mayor Pro Tern Stone to re-
appoint Ron Guerriero to serve a three (3) year term. The motion was unanimously
carried with Councilmember Mu~oz absent.
Reouest from Suoervisor Bob Buster for Determination of City of TemeCula's Interest
in Pre-Fundina Assessment District 161
It was moved by Mayor Pro Tern Stone, seconded by Councilmember Birdsall to
continue this item, with direction to staff to return with a report outlining the amount
of funding required, the length of time projected to complete the project, the amount
of interest on the loan to AD-161 and if the County is willing to provide guarantees
that the reimbursement to the City will occur.
The motion was unanimously carried with Councilmember Mu~oz absent.
Minutes\lO\l 1\94 -14- 10125/94
City Council Minutes
27.
October 11, 1994
Desion Services Contract - Parkview Fire Station Project
It was moved by Mayor Pro Tem Stone, seconded by Councilmember Birdsall to
approve staff recommendation as follows:
27.1 Award contract of $174,313 to RJM Design Group for the preparation of the
master plan, schematic design drawings, construction documents, and project
administration for the Parkview Fire Station Project.
The motion was unanimously carried with Councilmember Mu~oz absent.
CITY MANAGER REPORTS
None given.
CITY ATTORNEY REPORTS
None given.
ADJOURNMENT
It was moved by Councilmember Birdsall, seconded by Councilmember Parks to adjourn at
11:31 PM. The motion was unanimously carried with Councilmember Mu~oz absent.
ATTEST:
Ron Roberts, Mayor
June S. Greek, City Clerk
Minutes\l 0\11 ~94 - 15- 10/25/94
ITEM 3
RESOLUTION NO. 94-
A RF-qOLUTION OF ~ CITY COUNCIL OF THE CITY
OF TEMECULA ALLOWING CERTAIN CLAIMS AND
DEMANDS AS SET FORTH IN EXIIIR1T A
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the following claims and demands as set forth in Exhibit A have been
audited by the City Manager, and that the same are hereby allowed in the amount of
$I,195,643.16.
Section 2. The City Clerk shall certify the adoption of this resolution.
APPROVED AND ADOPTED, this 15th day of November, 1994.
ATFEST:
RonRoberts, Mayor
June S. Greek, City Clerk
[SEAL]
Re~s42 I
STATE OF CALIFORNIA)
COUNTY OF RIVERSDE) SS
CITY OF TEMECULA)
I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the
foregoing Resolution No. 94- .was duly adopted at a regular meeting of the City Council of the
City of Temecula on the 15th day of November, 1994 by the following roll call vote:
AYES: 0
COUNCILMEMBERS: None
NOES: 0
COUNCILMEMBERS: None
ABSENT: 0
COUNCILMEMBERS: None
June S, Greek, City Clerk
Rcsos42 2
CITY OF TEMECULA
LIST OF DEMANDS
10/13/94 TOTAL CHECK RUN:
10/20/94 TOTAL CHECK RUN:
10/27/94 TOTAL CHECK RUN:
11/03/94 TOTAL CHECK RUN:
11/15/94 TOTAL CHECK RUN:
10/20/94 TOTAL PAYROLL:
11/03/94 TOTAL PAYROLL:
TOTAL LIST OF DEMANDS FOR 11/15/94 COUNCIL MEETING:
DISBURSEMENTS BY FUND:
CHECKS:
001 GENERAL
100 GAS TAX
165 RDA~LOW/MOD
19O COMMUNITY SERVICES DISTRICT
191 TCSD SERVICE LEVEL A
192 TCSD SERVICE LEVEL B
193 TCSD SERVICE LEVEL C
210 CAPITAL IMPROVEMENT PROJ (CIP)
'50 CAPITAL PROJECTS - TCSD
80 RDA-CIP
300 SELF-INSURANCE
320 INFORMATIONS SYSTEMS
330 COPY CENTER
340 FACILITIES
39O TCSD DEBT SERVICE
PAYROLL:
001 GENERAL
100 GAS TAX
165 RDA-LOW/MOD
190 TCSD
191 TCSD SERVICE LEVEL A
192 TCSD SERVICE LEVEL B
193 TCSD SERVICE LEVEL C
280 RDA-CIP
300 SELF-INSURANCE
320 iNFORMATION SYSTEMS
330 COPY CENTER
340 FACILITIES
TOTAL BY FUND:
ONALD E. BRADLEY, CITY MANAGER
$ 41,513.72
81,888,40
93,326,18
134,797,76
614,727.87
114,386.30
$ 1,195,843,16
460,538.26
49,453.78
5,328.38
106,721.14
7,226,88
508.53
30,582.32
232,646.73
7,869.88
16,771.02
5,466.18
16,480,20
8,775.52
17,420.11
465.00
$ 966,253.93
143,072.95
29,067.13
1,161.80
40,503.54
926.73
616.31
3,612.90
960,94
1,192,10
2,857.43
1,447.21
3,970.19
229,389.23
, HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT,
HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT,
V~UCHRE2 CITY OF TEHECIJLA 6
10/13/94 14:07 VOUCHER/CHECK REGISTER
FOR ALL PERZCX3S
FUND TZTLE
001 GENERAL FUND
100 GAS TAX FUND
165 RDA DEV- LC/~/NO0 SET ASIDE
190 CONNUNITY SERVICES DISTRICT
191 TCSD SERVICE LEVEL A
192 TCSD SERVICE LEVEL B
193 TCSD SERVICE LEVEL C
210 CAPITAL INPROVENENT PROJ FUND
280 REDEVELOPNENT AGENCY - C[P
INSURANCE FUND
320 [NFORHATION SYSTENS
SUPPORT SERVZCES
340 FACZLITIES
ANOUNT
12,314.78
6,431.0/.
48.90
15,916.55
439,09
4.40
2,114.58
5.82
77.48
112.58
2,092.10
1,225.13
731.27
TOTAL 41,513.72
CITY OF TENEC~JLA PAGE 1
14:07 VOUCHER/CHECK REGISTER
FOR ALL PERIQOS
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCI3UNT
NUMBER DATE NUMBER RARE DESCRIPTION NtIqBER
2054/, 10/13/94 001635 A & H COSTUllE RENTAL HALLOMEEN SUPPLIES
190-183~~-5370
205A5 10/13/94 000724 A & R CUSTI)I SCREEN PRI SPTS AMARDS(HOODED SUEATS) 190-183~~-5380
205~6 10/13/94 001631 A C C R A
SUSSCRIPTXON-CON4 PROFILES 320-199-999o5221
205~7 10/13/94 000(}80 A M S
20547 10/13/94 O00&80 A N S
20547 10/13194 000680 A R S
20547 10/13/94 000680 A N S
20547 10/13/94 000680 A M S
20547 10/13/94 000680 A M S
20547 10/13/94 000~80 A M S
20547 10/13/94 000~80 A N S
20547 10/13/94 000680 A N S
T N s POSTAGE - ACCOUNT 011601 001-110-999-5230
T N S PORTAGE - ACCOUNT 011601 001-120~999-5230
T N S PORTAGE - ACCOUNT 011601 001-162-999-52~0
T N S POSTAGE - ACCOUNT 011601 001-140-999-5230
T N S POSTAGE - ACCOUNT 0116O1 190-180-999-52~0
T M S POSTAGE - ACCOUNT 011601 001-150~999-5230
T M S POSTAGE - ACCOUNT 011601 001-161-999-52~0
T M S POSTAGE - ACCOUNT 011601 100-164~604-52~0
T N S POSTAGE - ACCOUNT 011601 320-199~999-5230
20548 10/13/94 000931 AROUND A SUCK
SUPPLIES FOR HAUNTED HOUSE 190-183-999-5370
20549 10/13/94 000781 ASSOC OF ENV%RONNENTAL MEMBERSHIP DUES FOR O. UBNOSKE 001-161-999-5226
20r*^ 10/13/94 000129 CAL NEST RENTAL CENTER PARK MAINT RENTAL EQUIPMENT 190-180-999-5238
,~, 10/13/94 000638 CALIFORNIA DEPT OF CONS SMI FEE PAYMENT 001-2290
20551 10/13/94 000638 CALIFORNIA DEPT OF CONS EMI FEE PAYMENT 00t-2280
20551 10/13/94 000638 CALIFORNIA OEPT OF CONS EMI FEES 001-162-4229
20552 10/13/94 000131 CARL MARREN & CO.# INC. KEMP'COLE, GER1 12/28/93 300-199'999-5205
20553 10/13/94 000135 CENTRAL CITIES SIGN SER 6V BATTERIES FOR BARRICADES
20553 10/13/94 000135 CENTRAL CITIES SiGN SER TAX
100-16~-601-5218
100-164-601-5218
20554 10/13/94 001195 CENTRAL SECURITY SERVIC SECURITY & FIRE MONITOR AT CRC 190-182-999-5250
20555 10/13/94 001535 CREEKSIDE TEXACO VEHICLE HAINT. PUBLIC ~ORKS 001-163-999-5214
20555 10/13/94 001535 CREEKSIDE TEXACO ~EHICLE MAINT. PUBLIC ~/C)RKS 001-165-999-5214
20556 10/13/94 000966 DISCOUNT FEED & TACK DOG FOOO FOR POLICE DOG
001-170-999-5327
20557 10/13/94 000165 FEDERAL EXPRESS EXPRESS SERVICE 001-110-999-5230
20557 10/13/9~ 000165 FEDERAL EXPRESS EXPRESS SERVICE 001-162-999-5230
20558 10/13/94 000166 FIRST AMERICAN TITLE CO POLICY FOR SR CENTER PARK LOT 190-180-999-5250
ITER
AMOUNT
100.00
563.84
200. O0
60.94
189.67
80.77
405.96
130.86
80.67
335,99
1.56
75.00
80.00
29.09
2,539.90
830.38
168.51 -
102.13
877.50
68.01
53.00
149.10
81.75
80.78
9.50
86,65
423,00
CHECK
AMOUNT
100.00
563.84
200.00
1,650.20
75.00
80.00
29.09
3,201.77
102.13
945.51
53.00
230.85
80.78
96.15
42~.00
VOUCHRE2 CITY OF TEMECULA r 2
10/13/94 14:07 VOUCHER/CHECK REGISTER
FOR ALL PERIOOS
VOUCHER/
CHECK
NUMBER
20559
20560
20560
20561
20562
20562
20562
20563
20563
20563
20563
20563
20563
20563
20564
2056/.
20564
20565
20565
2056~
20567
20574
CHECK VENDOR VENDOR
DATE NUMBER NAME
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
000643 FORTHER HARDWARE
000993 FREEDOM COFFEE, INC.
000993 FREEDOR COFFEE, INC.
001355 G T E CALIFORNIA
000184 G T E CALIFORNIA -PAYN
000184 G T E CALIFORNIA -PAYN
000184 G T E CALIFORNIA - PATH
000177 GLENHIES OFFICE PRODUCT
000177 GLENHIES OFFICE PRODUCT
000177 GLENHIES OFFICE PRCX)UCT
000177 GLENHIES OFFICE PRODUCT
000177 GLENHIES OFFICE PROOUCT
000177 GLENHIES OFFICE PRODUCT
00017'7 GLENHIES OFFICE PRODUCT
ITEM
DESCRIPTION
MISC SUPPLIES AND EQUIP
COFFEE SUPPLIES
COFFEE SUPPLIES
E054030999-94271
909 694-6400 GEM
909 695-3539 GEM
909 699-2309 GEM
MISC. OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES FOR THE CRC
OFFICE SUPPLIES FOR CSO ADMIN.
OFFICE SUPPLIES FOR CSU ADMIN.
OFFICE SUPPLIES-CITY MGR DEPT
000178 GOLDEN STATE TRADING CO KEYBOARD
000178 GOLDEN STATE TRADING CO FREIGHT
000178 GOLDEN STATE TRADING CO TAX
000186 HANKS HARDWARE
000186 HANKS HARDWARE
HARVEY, MONA
HOUSTON & HARRIS PIPE C
KIDS PARTIES, ETC.
KIDS PARTIES, ETC.
001119
000205
000205
000209
001554
001554
001554
000214
001256
000219
000219
000219
L & M FERTILIZER~ INC.
LINCOLN EQUIPMENT, INC.
LINCOLN EQUIPMENT, INC.
LINCOLN EQUIPMENT, INC.
LUNCH & STUFF CATERING
MARRIOTT HOTEL
HARTIN 1*HOUR PHOTO
HARTIN l-HOUR PHOTO
HARTIN 1-HOUR PHOTO
MC CLELLAN, LOiS
SUPPLIES AND EQUIP. PRK MA[NT
RECREATION SUPPLIES
REFUND FOR TCSD CLASS
EMERG. CLEANING STORM DRAIN
MASKS FOR HALLOWEEN
SPECIAL GUEST FOR TINY TOTS
MAINTENANCE SUPPLIES
ROLL AMAY BIN (STORAGE) 39-Q75
FREIGHT
TAX
CITY COUNCIL MEETING
APA CONFERENCE G. THORNHILL
PHOTO DEVELOPING FOR TRAFFIC D
PHOTO DEVELOPING FOR HAINT.
PHOTO DEVELOPING FOR LAND
REFUND FOR TCSD CLASS
ACCOUNT
NUMBER
190-180-999-5212
340-199-999-5~0
340-199-999-5250
320-199-999-5208
320-199-999-5208
320-199-999-5208
320-199-999-5208
001-140-999-5220
001-161-999-5220
001-161-999-5220
190-182-99q-5220
190-180-999-5220
190-180-999-5220
001-110-999-5220
320-199-999-5221
320-199-999-5221
320-199-999-5221
190-180-999-5212
190-182-999-5301
190-183-4982
100-164-601-5401
190-183-999-5370
190-18~-9~9-5320
100-164-601-5218
190-180-999-5301
190-180-999-5301
190-180-999-5301
001-100-999-5260
001-161-999-5258
100-164-602-5250
100-164-601-5250
001-163-999-5250
190-183-4982
ITEM
AMOUNT
163.90
144.68
2.96
350.00
587.84
25.27
21.12
80.49
19.29
112.60
16.03
8.00-
1.12-
18.62-
225.00
5.00
17.44
158.44
25.8]
20.00
945.00
113.49
150.00
105.29
6?3.50
37.37
52.20
80.00
108.29
8.46
20.94
24.74
55.00
CHECK
AMOUNT
.163.90
147.64
350.00
200.67
184.27
20.00
945.00
263.49
105.29
763.07
80.00
108.29
54.14
55.00
20575 10/13/94 001526 HICHAELS STORES, INC. CRAFT SUPPLIES 190-180-999-5301 43.99
20575 10/13/94 001526 HICHAELS STORES, INC. CRAFT SUPPLIES 190-182-999-5301 59.29 j.28
VO' CITY OF TEMECULA PAGE 3
10, 14:07 VOUCHER/CHECK REGISTER
FOR ALL PERIOOS
VOUCHER/
CHECK CHECK VENDOR VENDOR XTEN ACCOUNT
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER
ITEM
AMOUNT
CHECK
AMOUNT
20576 10/13/94 000~//~3NTELEORE EXCAVATING WATER TRUCK FOR LANDSCAPING 100-164-601-5401
975.00
975. OQ
20577 lo/13/94 001150 O~BRIEN, CN~Y
RELOOATE FENCE AT CITY YARD 100-164-601-521E
7BO. O0
7BO.O0
20578 10/13/94 0002~90LSTEN TEMPORARY SERVIC TEMP HELP W/E 9/18-9/25/94 001-162-999-5118
918.45
918.45
20579 10/13/94 001619 ~NGE COUNTY REGISTER RECRUITMENT AD FOR P/W DIR 001-150-999-5254
201.76
201.76
20580 10/13/94 001171 ORIENTAL TRADING CO., I PRIZES FON HALLONEEN r.~RNIVAL 190-18~-999'5370
427.80
427.80
20581 10/13/94 001603 P U M A PHYSICAL THERAP PAYMENT TO TCSD INSTRUCTOR 190-185'999'5330
112.00
112.00
20582 10/13/94 000580 PHOTO WORKS FILM AND SLIDE DEVELOPMENT 190'180-9q9'5301
20582 10/13/94 O0O580 PHOTO WORKS FILM AND DEVEL~ING 001'171-999-5250
13.37
14.97
28.34
2058~ 10/13/94 PONEO, STACEY REFUND FOR TCSD CLASS 190'183-4980
37.00
37.00
20584 10/13/94 000516 PRENTICE HALL, INC.
20584 10/13/94 000516 PRENTICE HALL, INC.
SPRVSR PRTBL PUBLICATIOR 190-180-999-5228
BREAXTHROUGH RAPID PUBLICATION 190-180-999-5228
49.21
37.61
86.82
20c"~ 10/13/94 001017 PRICE SECURITY SYSTEM SECURITY C~JARD SERVICE AT CRC 190-182-999-3250
180.00
180.00
10/15/94 000947 RANCHO SELL BLUEPRINT C PALA CUMM PRK BLUEPRINTS 210-190-120-5802
5.82
5.82
20587 10/13/94 000262 RANCHO CALIFORNIA WATER
20587 10/13/94 000262 RANCHO CALIFORNIA WATER
20587 10/13/94 000262 RANCHO CALIFORNIA WATER
20587 10/13/94 000262 RANCHO CALIFORNIA WATER
20587 10/13/94 000262 RANCNO CALIFORNIA WATER
20587 10/13/94 000262 RANCHO CALIFORNIA WATER
205~ 10/13/94 000426 RANCHO INDUSTRIAL SUPPL
20588 10/13/94 000426 RANCHO INDUSTRIAL SUPPL
20589 10/13/94 001634 REED, MARIETTA
20590 10/13/94 000353 RIVERSIDE CO. AUDITOR
20590 10/13/94 000353 RIVERSIDE CO. AUDITOR
20591 10/13/94 000418 RIVERSIDE CO. CLERK
01-06-84300-1 08/11-09/13/94 100-164-601-5240
SERVICE FSON 08/08/94-09/08/94 190-180o999-5240
SERVICE FROM 08/08/94-09/08/94 190-181-999-5240
SERVICE FROM 08/08/94-09/08/94 190-182-999-5240
SESVICE FROM 08/08/94-09/08/94 191-180-999-5240
SERVICE FROM 08/08/94-09/08/94 193-180-999-5240
BLDG & MAINT SUPPLIES
MISC. JANITORIAL SUPPLIES
340-199-999-5212
190-180-999-3212
PAYMENT TO TCSD INSTRUCTOR 190-18~-999-5330
PARKING CITATION SEPT 94 001-2260
PARKING CITATION SEPT 94 001*2265
APERTURE CARDS FOR ENG. DEPT, 001-163-999-5220
19.77
4,107.18
107.54
2,160.61
232.18
1,938.91
237.94
46.55
256.00
140.00
150.00
5.00
8,566.19
ZBz~.49
256.00
290.00
5.00
20592 10/13/94 000704 S K S, INC/INLAND OIL
20592 10/13/94 000704 S K S, INC/[NLAND OIL
20592 10/13/94 000704 S K S, INC/INLAND OIL
20592 10/13/94 000704 S K S, INC/INLAND OIL
2O592 40/13/94 000704 S K S, INC/INLAND OIL
20592 10/13/94 000704 S K S, INC/INLAND OIL
20593 10/13/94 001122 SCOTCH PAINT CORPORATIO
FUEL EXPENSE
FUEL EXPENSE
FUEL EXPENSE
FUEL EXPENSE
FUEL EXPENSE
FUEL EXPENSE
RECYCLE PAINT FOR GRAFFITI REM
001-165-999-5263
001-163-999-5263
100-164-601-5263
001-162-999-5263
190-180-999-5263
001-110-999-5263
100-164-601-5218
20. 3/13/94 000374 SOUTHERN CALIF EDISON 51-7'/-905-5795-01 8/16-9/30 191-180-999-5240
56.13
60.65
345.50
90.97
109.45
59.43
37.93
26.60
722.13
37.93
26.60
VOUCHRE2 CITY OF TEMECULA 4
10/13/94 14:07 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK CHECK VENDOR VENDOR
NUMBER DATE NUMBER NAME
ITEM ACCOUNT ITEM CHECK
DESCRIPTION NbtqBER AMOUNT AMOUNT
20595 10/13/94 000537 SOUTHERN CALIF EDISON
20595 10/13/94 000537 SOUTHERN CALIF EDISON
20595 10/1]/94 000537 SOLrrHERN CALIF EDISON
20595 10/1]/94 000537 SOUTHERN CALIF EDISON
20595 10/1]/94 000537 SOUTHERN CALIF EDISON
20595 10/1]/94 000537 SOUTHERN CALIF EDISON
20596 10/13/94 000375 SOUTHERN CALIF TELEPHON
52-77-796-7050-02 9/2-10/3194 190-180-999-5240
52-77-899-0011-02 09/1-10/1/9 193-180-999-5240
52-77-899-1935-02 9/1-10/1/94 190-180-999-5240
52-7?-899-2622-02 9/1-10/01/94 193-180-999-5240
53-77-800-1403-01 9/1-10/3/94 191-180*999-5319
53-77-850-2948-01 9/2-10/3/94 191-180-999-5319
909 214-1074 WE
0O1-110-999-5208
2,015.88
14.40
18.36
14.40
34.72
42.20
36.]4
2,139.96
36.]4
20597 10/13/94 000291 SPEE DEE OIL CHANGE & T
20597 10/13/94 000291 SPEE DEE OIL CHANGE & T
20597 10/13/94 000291 SPEE DEE OIL CHANGE & T
VEHICLE HA[NT 8UILD & SAFETY
VEHICLE MA%NT BUILD & SAFETY
REPAIR/MAINTENANCE
001-162-999-5214
001-162-999-5214
001-110-999-5214
31.67
~0.9~
30.70
83.36
20598 10/13/94 000294 STATE FUND
20598 10/13/94 000294 STATE FUND
20598 10/13/94 000294 STATE FUND
20598 10/13/94 000294 STATE FUND
20598 10/13/94 000294 STATE FUND
20598 10/13/94 000294 STATE FUND
20598 10/13/94 000294 STATE FUND
20598 10/13/94 000294 STATE FUND
20598 10/13/94 000294 STATE FUND
20598 10/13/94 000294 STATE FUND
20598 10/13/94 000294 STATE FUND
20598 10/13/94 000294 STATE FUND
20598 10/13/94 000294 STATE FUND
20599 10/13/94 STEDMARK
SAN FRANCI
SAN FRANCI
SAN FRANCI
SAN FRANC[
SAN FRANC[
SAN FRANC[
SAN FRANCI
SAN FRANCI
SAN FRANCI
SAN FRANC[
SAN FRANC[
SAN FRANC[
SAN FRANC[
WORKERS COMPENSATION*SEPTEMBER 001-2370
~ORICERS COMPENSATION-SEPTEMBER 001-1182
WORKERS COMPENSATION-SEPTEMBER 100-2370
~ORKERS COMPENSATION-SEPTEMBER 165-2370
~ORKERS COMPENSATION-SEPTEMBER 190-2370
~IORKERS COMPENSATION-SEPTEMBER 191-2370
WORKERS COMPENSATION-SEPTEMBER 192-2370
~ORKERS COMPENSATION-SEPTEMBER 193-2370
~ORKERS COMPENSATION-SEPTEMBER 280-2370
~ORKERS COMPENSATION-SEPTEMBER 300-2370
k~ORKERS COMPENSATION-SEPTEMBER 320-2370
~ORKERS COMPENSATION*SEPTEMBER ]]0-2370
WORKERS COMPENSATION-SEPTEMBER 340°2370
SECURITY DEPOSIT REFUND 190-2900
4,550.8~
107.52
1,852.33
48.90
2,055.00
103.39
4.40
146.87
27.48
10,45
26.26
11.22
345.69
100.00
9,290.39
100.00
20600 10/13/94 000574 SUPER TONER HP LASER TONER [[[ (REFURB) 320-199-999-5221
20600 10/13/94 000574 SUPER TONER TAX 320-199-999-5221
450.00
34.88
484.8~
20601 10/13/94 000302 SYSTEM SOURCE, INC, OFFICE CONFIGURATION
20602 10/13/94 001497 T R W - INFORMAT[OR SER CREDIT REPTS FOR RDA LOANS
001-161-999-5250
280-199-999-5250
150.00
50.00
150.00
50.00
20603 10/13/94 001620 TEMECULA CARPET GREEN TURF CARPET FOR FLOAT
20604 10/13/94 000905 TEMECULA SHUTTLE SERVIC TRAMS, TO A[RPORT/R,ROBERTS
190-183-999-5370
001-100-999-5258
120.00
240.00
120.00
240.00
20605 10/13/94 000307 TEMECULA TROPHY CO. POOL TROPHIES
190-182-999-5]01
19,40
19.40
20606 10/13/94 001633 TEMECULA VALLEY ECONORI ECONOR[C DEVEL MEETING 10/20/9 001-110-999-5260
25.00
25.00
20607 10/13/94 000306 TEMECULA VALLEY PIPE & TCSD MAINT SUPPLIES FOR FACILI 190-180-999-5212
269.88
20608 10/13/94 001487 TIERMA MECHANICAL, [NC,
20608 10/13/94 001487 TIERRA MECHANICAL, INC.
CRC HEAT/AIR MAINT CONTRACT 190-182-999-5212
SR CNTR HEAT/AIR MAINT CONTRAC 190-181-999-5212
250.00
89.00
339.00
20609 10/13/94 001545 TIME MOTION TOOLS CABLE IDENTIFIER 320-199-999'5242 90.00
20609 10/13/94 001545 TIME MOT[ON TOOLS FREIGHT 320-199-999-5242 4.47
VQLI' CITY OF TEMECULA PAGE 5
10/ 14:07 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VOI~CHER/
CHECK
NLAqBER
20609
20609
20609
20609
20610
20610
20610
20611
20612
20612
20613
20614
20615
CHECK VENDOR VEND(~ ITEM
DATE NUMBER NAME DESCRIPTION
10/13/94
10/13/94
10/15/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
10/13/94
001545 TIME NOTION TOOLS TAX
001545 TIME NOTION TOOLS UNIVERSAL CABLE
001545 TIME MOTION T(X3LS FRE[GHT
001545 T[NE MOTION TOOLS TAX
000320 T(NNE CENTER STATIONERS
000320 TOWNE CENTER STATIONERS
000320 T(Aa4E CENTER STATIONERS
ACCOONT
NONBER
001209 VAULT, THE
320-199'999-5242
3ZO-199'999'SZ21
320-199'999-5221
3ZO'199'999-SZ21
001437 VIRACK, ~t~RYANN
001437 VIPjkCKw MARYANN
OFFICE SUPPLIES
OFFICE SUPPLIES-PUBLIC WORKS
OFFICE SUPPLIES'PUBLIC WORKS
001-163-999-5220
100-164~604-5220
100-164-60~-5220
COURIER SERVICE ON 09/26/94 330-199-999-5277
001632
000345
PMT TO TC~ INSTRUCTC~t
PNT TO TCSO [NSTRUCTON
190-183-999-5330
190-183-999-5330
WATT HONES
SECURITY DEPOSIT REFUND 190-2900
WHITMORE, JOHNSON & BOL MEMBERSHIP FOR SAN DIEOO CONSO 001-150'999-5248
XEROX CORPORATION BILLI METER USAGE FOR COPIES 8/26-9/330-199-999-5239
[TEN
ANOONT
6.98
40. O0
3.18
3.10
17.92
15.69
15.8~.
20.00
140.00
160.00
100,00
156.06
1,193.91
CHECK
AJqOONT
147.75
49.45
20.00
300.00
100.00
156.06
1,193.91
TOTAL CHECKS 41,513.72
VOUCHRE2 CITY OF TEMECULA '" 9
10/20/9~ 14:20 VOUCHER/CHECK REGISTER
FOR ALL PERInnS
FUND TITLE
001 GENERAL FUND
100 GAS TAX FUND
165 RDA DEV- LO~/Nnn SET ASIDE
190 CONNUNZTY SERVICES DISTRZCT
191 TCSO SERVICE LEVEL A
193 TCSD SERVICE LEVEL C
280 REDEVELOPRENT AGENCY '
300 INSURANCE FUNO
320 INFORMATION SYSTEMS
SUPPORT SERVICES
FACILITIES
AMOUNT
36,002.2~
13,520.72
255.42
22,593.55
1,711.79
3,680.73
293,80
1,336.12
993.39
1,052.32
TOTAL 81,888,~0
V~ ? CITY OF TEMECULA PAGE 1
1C , 14:20 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECX CHECX VENDOR VENDOR
NUNBER DATE NUMBER NAME
ITEM ACCOUNT ZTEH CHECX
DESCRIPTION NUMBER ANOUNT AMOUNT
20616 10/17/94 001417 STERLING, STEV~N
REINB. FOR CERTIFIED POOL OPER 190'180'9q9'5261
65.00
65.00
20617 10/20/94 0001~. COSTCO MNOLESALE
EHPLOYEE PICNIC SUPPLIES
001-150-999-5265
150.00
150.00
402757 10/20/94 000283 FIRSTAX CIRS)
402757 10/20/94 00028~ FIRSTAX CiRS)
402757 10/20/94 000283 FIRSTAX (IRS)
402757 10/20/94 000283 FIRSTAX (IRS)
402757 10/20/94 000283 FIRSTAX (IRS)
402757 10/20/94 000283 FIRSTAX (IRS)
402757 10/20/94 000283 FIRSTAX (IRS)
402757 10/20/94 000283 FIRSTAX (IRS)
402757 10/20/94 000283 FiRSTAX ([RS)
402757 10/20/94 00028~ FIRSTAX (IRS)
402757 10/20/94 000283 FIRSTAX (IRS)
402757 10/20/94 000283 FIRSTAX (IRS)
402757 10/20/94 000283 FIRSTAX (IRS)
402757 10/20/94 000283 FIRSTAX (IRS)
402757 10/20/94 00028~ FIRSTAX (IRS)
402757 10/Z0/94 00028.3 FIRSTAX (IRS)
40P'~=7 10/20/94 00028~ FIRSTAX (iRS)
4 10/20/94 000283 FIRSTAX (IRS)
4~ 10/20/94 000283 FIRSTAX (IRS)
402757 10/20/94 000283 FIRSTAX (IRS)
402757 10/20/94 00028~ FIRSTAX (IRS)
402757 10/20/94 00028~ FIRSTAX (IRS)
00028~ FEDERAL 001-2070 11,062.56
00028~ FEDERAL 100-2070 2,151.66
000283 FEDERAL 165-2070 103.25
0002Rx FEDERAL 190-2070 2,557.6~
00028~ FEDERAL 191-2070 53.96
000283 FEDERAL 193-2070 221.83
00028~ FEDERAL 280-2070 30.24
0002R~ FEDERAL 300-2070 87.98
00028~ FEDERAL 320-20?0 279.83
000283 FEDERAL 330-2070 97.81
00028~ FEDERAL 340-2070 159.36
000285 NEDICARE 001-2070 2,676.38
000285 MEDICARE 100-2070 526.86
00028~ MEDICARE 165-2070 20.88
000283 MEDICARE 190-2070 685.93
000283 NEOICARE 191-2070 18.80
000283 NEDICARE 193-2070 65.66
000283 NEDICARE 280-2070 11.64
000283 HEDiCARE 300-2070 22.43
000283 MEDICARE 320-2070 58.36
00028~ MEDICARE 330-2070 24.52
000283 MEDICARE 3/,0-2070 67.62
437854 10/20/94 000444 FIRSTAX (EDD) 00044-~ SOl 001-2070 519.65
437854 10/20/94 000444 FIRSTAX (EDD) 000444 SOl 100-2070 135.22
43~54 10/20/94 000444 FIRSTAX (EDD) 0004/+/+ SDI 190-2070 208.95
437854 10/20/94 000444 FIRSTAX (EDO) 000/+44 SOl 191-2070 8.43
43?'854 10/20/94 000444 FIRSTAX (EDD) 0004/,4 SOl 193-2070 29.43
437854 10/20/94 000/./.4 FIRSTAX (EDD) 00~ SOl 300-2070 3.58
437854 10/20/94 000/~4 FIRSTAX (EDD) 0002~+4 SOl 330-2070 10.99
437854 10/20/94 O00~J+ FIRSTAX (EDD) 000~.4 SDI 340-2070 26.57
437854 10/20/94 000444 FIRSTAX (EDD) 000444 STATE 001-2070 3,001.16
437854 10/20/94 000444 FIRSTAX (EDD) 000444 STATE 100-2070 537.04
437854 10/20/94 000444 FIRSTAX (EDD) 000~ STATE 165-2070 22.08
437854 10/20/94 000~44 FIRSTAX (EDD) 0004/44 STATE 190-2070 524.86
437554 10/20/94 000444 FIRSTAX (EDD) 000444 STATE 191-2070 19.22
437854 10/20/94 000444 FIRSTAX (EDD) 000444 STATE 193-2070 49.63
437854 10/20/94 000444 FIRSTAX (EDD) 000444 STATE 280-2070 8.48
437854 10/20/94 000444 FIRSTAX (EDD) 000Z~44 STATE 300-2070 30.04
437854 10/20/94 000444 FIRSTAX (EDD) 000444 STATE 320-2070 64.13
437854 10/20/94 000444 FIRSTAX (EDD) 000444 STATE 330-2070 19.13
437854:10/20/94 000444 FIRSTAX (EDD) 000444 STATE 340-2070 19.23
20621 10/20/94 000724 A & R CUSTOM SCREEN PRI SPORTS PROGRAMS AWARDS
190-183-999-5380
582.87
20,985.22
5,2]7.82
582.87
2c 10/20/94 000534 A F JOHNSON CO., INC. BTF XXXL RAIN GEAR 100-164-601-5218 64.28
2t 10/20/94 000534 A F JOHNSON CO.I iNC. AHS XXXL RAiN GEAR 100-16~-601-5218 64.28
VOUCHRE2 CITY OF TENECULA P'~ 2
10/20/94 14:20 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEN ACCOUNT
NUNBER DATE NUMBER NAME DESCRIPTION NUMBER
ITEN
AMOUNT
CHECK
AMOUNT
20622 10/20/94 000534 A F JOHNSON CO., INC. AHS XL MAIN GEAR
20622 10/20/94 00053/, A F JOHNSON CO., INC. TAX
100-164-601-5218
100-164*601-5218
84.42
16.50
229.48
20623 10/20/94 001086 ADCO EQUIPMENT SALES CUTTERS BITS FOR BARTEL
20623 10/20/94 001086 ADCO EQUIPMENT SALES FREIGHT
20623 10/20/94 001086 ADCO EQUIPMENT SALES TAX
100-164-601-5218
100-164-601-5218
100-16/.-601-5218
360.00
10.00
27.90
397.90
20624 10/20/94 AHN, JOON REFUND FOR TCSD CLASS 190-18:5-4975
50.00
50.00
20625 10/20/94 000101 APPLE ONE TEMP HELP M/E 10/08/94 280-199-999-5250
258.00
258.0O
20626 10/20/94 000195 ASCOH HASLER MAILING SY RESET POSTAGE NETER
330-199-999-5239
15.00
15.00
20627 10/20/94 BITTNER, SUSAN
SEOURITY DEPOSIT REFUND 190-2900
100.00
100,00
20628 10/20/94 000129 CAL I/EST RENTAL CENTER PARK MAINTENANCE RENTAL EGUiP 190-180-999-52~8
20628 10/20/94 000129 CAL NEST RENTAL CENTER PARK MAINTENANCE RENTAL E~UIP 19D-180-999-5238
215.94
87.28
303.22
20629 10/20/94 000127 CALIFORNIAN
20629 10/20/94 000127 CALIFORNIAN
20629 10/20/94 000127 CALIFORNIAN
20629 10/20/94 000127 CALIFORNIAN
20629 10/20/94 000127 CALIFORNIAN
20629 10/20/94 000127 CALIFORNIAN
20629 10/20/94 000127 CALIFORNIAN
20629 10/20/94 000127 CALIFORNIAN
LEGAL PUBLIC NOTICE
LEGAL PUBLIC NOTICE
LEGAL PUBLIC NOTICE
LEGAL PUBLIC NOTICE
LEGAL PUBLIC NOTICE
LEGAL PUBLIC NOTICE
LEGAL PUBLIC NOTICE
LEGAL PUBLIC NOTICE
7776444'C1
7771989*c1
7771989'CI
T'/71989wcI
T/71989*CI
7771989*CI
7771989'CI
7771989'ci
001-120-999-5256
001-120-999-5256
001-120-999-5256
001-120-999-5256
D01-120-999-5256
001-120-999-5256
001-120-999-5256
001-120-999-5256
41.82
9.68
18.59
114.61
31.75
31.75
12.00
31 .~
291.95
20630 10/20/94 CALVERT~ PAM
REFUND FOR TCSD CLASS
190-183-6982
30.00
30,00
20631 10/20/94 000135 CENTRAL CITIES SIGN SER HARDMARE - STREET SIGNS
100-164-601-5244
96.Z~,
20632 10/20/94 000980 COAST IRRX~TION SUPPLY
20632 10/20/94 000980 COAST IRRI~TION SUPPLY
20632 10/20/94 000980 COAST IRRIGATION SUPPLY
20632 10/20/94 000980 COAST IRRIGATION SUPPLY
20633 10/20/94 COFFMAN, KATHERINE
20634 10/20/94 001535 CREEKSIDE TEXACO
20634 10/20/94 001535 CREEKSIDE TEXACO
IRRIGATION PARTS AND EQUIP
IRRIGATION PARTS AND EQUIP
IRRIGATION PARTS & EQUIP.
IRRIGATION PARTS AND EQUIP
REFUND FOR TCSD CLASS
VEHICLE PAINT, PUBLIC ~ORKS
VEHICLE MAINT. PUBLIC gORKS
190-180-999-5212
190-180-999-5212
190-180-999-5212
190-180-999-5212
190-183-4982
001-165-999-5214
100-164-604-5214
23.~
321.01
631.55
66.44
35.00
7O.64.
10.93-
1,042.66
35.00
59.71
20635 10/20/94 001233 DAN'S FEED & SEED, INC.
20635 10/20/94 001233 DAN'S FEED & SEED, INC.
20636 10/20/94 001029 OATAQUICK
20637 10/20/94 001542 DEFABIIS, BEAN-PAUL MIC
20638 10/20/94 001056 EXCEL LANDSCAPE
20639 10/20/94 000165 FEDERAL EXPRESS
HAY FOR HALLOWEEN CARNIVAL
PROPANE GAS FOR FIELD TANKS
CD'ROR ACCESS FOR OCT 94
PAINTING FOR HAUNTED HOUSE
GROUND COVER PLANTINGS OR BRID
EXPRESS MAIL SERVICE
190-183-999-5370
100-164-601-5218
320-199-999-5250
190-183-999-5370
193-180-999-5415
190-180-999-5230
20. O0
3.84
62.60
137.50
525.00
9.50
23.84
62.60
137.50
525.00
V~' ~ CITY OF TEMECULA PAGE 3
10 14:20 VOUCHER/CHECK REGISTER
FOR ALL PERIOOS
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER
CHECK
AMOUNT
2Otto 10/20/94 001002 FIRST INTERSTATE BANK C
206/.0 10/20/94 001002 FIRST INTERSTATE BANK C
20640 10/20/94 001002 FIRST INTERSTATE BANK C
RDA MEETING IN TOWN 8/5/94
HOTEL FOR 9/10/94 CONFERENCE
IN TOWN MEETING ON 9/8/94
280-199-999-5264
001-100-999-5258
190-180-999-5260
78.00
142.72
15.65
236.37
20641 10/20/94 000643 FORTNER HARDWARE
MISC SUPPLIES FOR GRAFFITI REM 100-164-601-5218
189.]9
189.39
20642 10/20/94 000993 FREEDOM COFFEE, INC. COFFEE SUPPLIES FOR CITY HALL ~40-199-999-5250
152.79
152.79
206~3 10/20/94 000949 G K N RENTALS SKIPLOADER RENTAL 100-164-601-5238
I]8.60
138.60
20644 10/20/94 000184 G T E CALIFORNIA - PAYM 909 699-8652 GEM
320-199-999-5208
17.22
17.22
20645 10/20/94 001164 GABRIEL, RICHARD DECEMSER 94 RENT 190'180-999'5234
20645 10/20/94 001164 GABRIEL, RICHARD DECEMBER 94 RENT 100'164"601'5234
20645 10/20/94 001164 GABRIEL, RICHARD NOVEMBER 94 RENT 190-180'999-5234
20645 10/20/94 00116~ GABRIEL, RICHARD NOVEMBER 94 RENT 100'164-601'5234
20646 10/20/94 000177 GLENHIES OFFICE PROUUCT
20646 10/20/94 000177 GLENNIES OFFICE PROOUCT
206/,6 10/20/94 000177 GLENNIES OFFICE PRQOUCT
OFFICE SUPPLIES FOR THE CRC
OFFICE SUPPLIES
OFFICE SUPPLIES
190-182-999-5220
001-120-999-5220
001-120-999-5220
280.00
420.00
280.00
420.00
60.61
108.92
5.27
1,400.00
174.80
10/20/94 0016~0 GOLDEN SPECTRUM
BINGO EQUIPMENT FOR SR CENTER 190-181-999-5301
100.00
100,00
20648 10/20/94 001609 GREATER ALARM COMPANy, SECURITY ALARM MONITORING C HA 340-199-999-5250
206A9 10/20/94 HOOGE, DAVID REFUND FOR TCSD GLASS 190-183-4982
35.00
35.00
35.00
35.0O
20650 10/20/94 000663 I A P M 0
MEMBERSHIP DUES FOR G YATES 001-150'999-5226
20.00
ZO.O0
20651 10/20/94 000194 I C M A RETIREMENT THUS 000194 DEF CONP 001'2080 1,188.00
20651 10/20/94 000194 I C M A RETIREMENT TRUS 000194 DEF CORP 100-2080 248.62
20651 10/20/94 000194 I C M A RETIREMENT TRUS 000194 DEF CONP 190-2080 3~.82
20651 10/20/94 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 191-2080 74.53
20651 10/20/94 000194 I C M A RETIREMENT TRUS 000194 DEF CORP 193-2080 91.08
20651 10/20/94 000194 [ C M A RETIREMENT TRUS 000194 DEF CONP 300-2080 37.49
20651 10/20/94 000194 I C M A RETIREMENT THUS 000194 DEF COHP 340-2080 15.90
20652 10/20/94 001637 KICAK AND ASSOCIATES INTERIM DIRECTOR OF PW SERVICE 100-164-604-5250
20653 10/20/94 000205 KIDS PARTIES, ETC. SUPPLIES FOR HAUNTED HOUSE 190-183-999-5370
4,400.00
100.00
Z,028J~.
4,400,00
100.00
20654 10/20/94 001282 KNORR POOL SYSTEMS, INC MISC POOL SUPPLIES FOR CRC 190-182-999-5212
20654 10/20/94 001282 KNORR POOL SYSTEMS, INC MISt POOL SUPPLIES FOR CRC 190-182-999-5212
20654 10/20/94 001282 KNORR POOL SYSTEMS, INC MISC POOL SUPPLIES FOR CRC 190-182-999-5212
20655 10/20/94 000945 L P S COMPUTER SERVICE COMPUTER REPAIR SERVICE ]20-199-999-5215
20656 10/20/94 000386 LANIER VOICE PROOUCT$ 24- 60m TAPES FOR PW MEETINGS 100-164-604-5220
20656 10/20/94 000386 LANIER VOICE PROOUCTS FREIGHT 100-164-604-5220
20t q0/20/94 000386 LANIER VOICE PRODUCTS TAX 100-164-604-5220
48.29
22.47
55.50
134.20
120,00
2.70
9.30
126,26
134.20
132.00
VOUCHRE2 CITY OF TEMECULA P° ' 4
10/20/94 14:20 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK
NUMBER
20657
20657
20658
20659
20660
20661
2O661
20662
20662
2066~
2066~
20665
20665
206~5
206~5
20665
20665
20665
206~5
20665
20665
20665
20665
206~5
20665
20665
20665
20665
20665
20665
206~5
20665
20665
20665
20666
20666
206~6
206~6
20666
20666
20666
2066~
CHECK VENDOR VENDOR
DATE NUMBER NAME
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
I0/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
001513 LIBERTY AUTO CENTER
001513 LIBERTY AUTO CENTER
LITTLE, TERI
001142 MARKHAM & ASSOCIATES
MCCAUGHEY, PAUL
001030 MINI'GRAPHIC SYSTEMS,
001030 MINI-GRAPHIC SYSTEMS,
001339 MORTON INTERNATIONAL
001339 MORTON INTERNATIONAL
PAGING NETWORK
000635 PARTY PALACE, THE
000246
000246
000246
000246
000246
000246
000246
000246
000246
000246
000246
000246
000246
000246
000246
000246
000246
000246
000246
000246
000246
000246
000246
000249
000249
000249
000249
000249
000249
000249
000249
PERS EMPLOYEES' RETIRE
PERS EMPLOYEES' RETIRE
PERS EMPLOYEES' RETIRE
PERS EMPLOYEES/ RETIRE
PERS EMPLOYEES' RETIRE
PERS EMPLOYEES' RETIRE
PERS EMPLOYEES' RETIRE
PERS EMPLOYEES' RETIRE
PERS EMPLOYEES' RETIRE
PERS EMPLOYEES' RETIRE
PERS EMPLOYEES' RETIRE
PERS EMPLOYEESI RETIRE
PERS EMPLOYEES' RETIRE
PERS EMPLOYEES' RETIRE
PERS EMPLOYEESI RETIRE
PERS EMPLOYEES' RETIRE
PERS EMPLOYEES' RETIRE
PERS EMPLOYEESI RETIRE
PERS EMPLOYEES' RETIRE
PERS 5MPLOYEES' RETIRE
PERS EMPLOYEES' RETIRE
PERS EMPLOYEES' RETIRE
PERS 5MPLQYEES~ RETIRE
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
ITEM
DESCRIPTION
MAIHT FOR TCSD VEHICLES
CITY MANAGER VEHICLE NAINT
REFUND FOR TCSD CLASS
PROF SERVICES FOR SEPT, 94
REFUND FOR TCSD CLASS
MISC TAPES CARD, MICROFILM
MISC TAPES CARD, MICROFILM
WHZTE PREMIX PAINT
TAX
REFUND OF SECURITY DEPOSIT
SUPPLIES FOR HAUNTED HOUSE
000246 PER REDE
000246 PERS RET
0002(,6 PERS RET
000246 PERS RET
000246 PERS RET
000246 PERS RET
000246 PERS RET
000246 PERS RET
000246 PERS RET
000246 PERS RST
000246 PERS SET
000246 PERS RET
000246 SURVIVOR
000246 SURVIVOR
000246 SURVIVOR
000246 SURVIVOR
000246 SURVIVOR
000246 SURVIVOR
000246 SURVIVOR
000246 SURVIVOR
000246 SURVIVOR
000246 SURVIVOR
000246 SURVIVOR
PETTY CASH REIMB.
PETTY CASH REIMB.
PETTY CASH REIME.
PETTY CASH REIM8.
PETTY CASH REINS.
PETTY CASH REINS.
PETTY CASH REIM8.
PETTY CASH REIME.
ACCOUNT
NUMBER
190-180-999-5214
001-110-999-5214
190-183-497'5
100-164-603-5248
190-183-4982
330-199-999-5277
330-199-999-52T7
100-16~,-601-5218
100-164-601-5218
190-2900
190-18~-999-5370
00t-2130
001-2390
100-2.390
165-2390
190-2390
191-2390
193-2390
280-2390
300-2390
320-2390
330-2390
340-2]90
001-~90
100-2~90
165-2190
190-2390
191-2390
193-2390
280-2390
300-2390
320-71~90
330-2390
340-2~90
001-161-999-5260
001-100-999-5260
001-150-999-5260
100-164-602o5260
001-110-999-5258
001-163-999-5220
001-165-999-5220
100-164-604-5220
ITEM
ANOUNT
107.43
115.90
25.00
42.85
36.00
347.28
357.92
~0.00
26.35
100.00
30.00
43.06
12,038.71
2,266.67
108.8~
2,608.55
94.59
325.16
61.17
106.82
268.21
119.81
308.85
49.07
10.78
.37
.42
1.44
.19
.46
.93
.93
2.00
10.34
3.00
36.00
20.00
10.50
15.00
6.14
7.00
CHECK
AMOUNT
223.33
25.00
42.85
36.00
705.20
366.35
100.00
30.00
18,430.42
VOU' ~ ' CITY OF TENECULA
10, 14:20 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
PAGE 5
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT
NUMBER DATE NUMBER NAME DESCRIPTION NLINBER
ITEM
AHOUNT
CHECK
ANC)UNT
20666 10/20/94 000249 PETTY CASH
206~ 10/20/94 000249 PETTY CJ~SH
PETTY CASH REINB.
PETTY CASH REIHB.
001-140-999-5220
001-140-999-5220
15.14
7.00
130.12
20667 10/20/94 000580 PHOTO WORKS
Z0668 10/20/94 000255 PRO LOCK & KEY
FILM, SLIDES AND PICTURES 190~180-999-5301
INSTALL SELF-LOCKING LOCK PW 340-199-999-5212
8,57
184.25
8.57
184.25
20669 10/20/94 000546 RADIO SHACK/BUTTERFIELD I¢OEN DUPLEX JACK
320-199-999-5221
4,30
4.30
20670 10/20/94 000262 RANCHO CALIFORNIA WATER WATER SERVICE FOR 8/15-9/15/94 190-180-999-5240
20670 10/20/94 000262 RANCRO CALIFORNIA WATER WATER SERVICE FOR 8/15-9/15/94 191-180-999-5240
20670 10/20/94 000262 RANCHO CALIFORNIA WATER WATER SERVICE FOR 8/15-9/15/94 193-180-999-5240
20671 10/20/94 0012&1 REED# JIM
20672 10/20/94 001500 REGIONAL TRAINING CENTE
20672 10/20/94 001500 REGIONAL TRAINING CENTE
REIHB. FOR CERTIFIED POOL ORER
APPLIED WRITING CLASS
APPLIED ~RITING CLASS
190-180-999-5261
001-163-999-5261
001-161-999-5261
327.60
114.90
2,371.50
65,00
55.00
55.00
2,814.00
65.00
110.00
206?3 10/20/94 000266 RIGHTWAY PORTABLE TOILET RENTAL 100-164-601-5238
57.39
57.39
20~TM 10/20/94 000418 RIVERSIDE CO. CLERK RESEARCH FOR TR 206~BONDS 001'163'999-5250
6,50
6.50
2b 10/20/94 001169 RIVERSIDE CO. CLERK OF RECORDING EASEMENT TR 27827-1 001-1990
20675 10/20/94 001169 RIVERSIDE CO. CLERK OF RECORDING EASEMENT TR 27827-1 001-16~-999-5250
11.00
1.00
12.00
20676 10/20/94 000725 RIVERSIDE ICE CO., INC. DRY ICE FOR HAUNTED HOUSE 190~183-99q*5370
72.00
72.00
20677 10/20/94 000815 ROWLEY, CATHERINE PAYMENT TO TCSD INSTRUCTOR 190'18~-999'5330
P'xO.40
~0.40
20678 10/20/94 RUTLEDGE, MADELINE REFUND FOR TCSD CLASS 190'183'4982
28.00
28.00
20679 10/20/94 000277 S & S ARTS AND CRAFTS PAPER DECORL POSTER
20679 10/20/94 000277 S & S ARTS AND CRAFTS BOOK KIDS COOK
20679 10/20/94 000277 S & S ARTS AND CRAFTS BOOK HANDS AROUD THE WORLD
20679 10/20/94 000277 S & S ARTS AND CRAFTS MACABRE MAGNETS
20679 10/20/94 00027'7 S & S ARTS AND CRAFTS NEWTON PUZZLE BOX
20679 10/20/94 000277 S & S ARTS AND CRAFTS EHBROIDERY BULK
20679 10/20/94 000277 S & S ARTS AND CRAFTS BLACK CREPE PAPER
20679 10/20/94 000277 S & S ARTS AND CRAFTS PARSCRAFT
20679 10/20/94 000277 S & S ARTS AND CRAFTS BOOK BOTTOMLESS BAG AGAIN
20679 10/20/94 0002T7 S & S ARTS AND CMAFTS TRANSPARENT CELLOPHANE
20679 10/20/94 000277 S & S ARTS ANO CRAFTS PANG SKETCHING CASE
20679 10/20/94 000277 S & S ARTS AND CRAFTS MYSTERY BRACELET
20679 10/20/94 000277 S & S ARTS AND CRAFTS MYSTERY BRACELET
20679 10/20/94 0002?7 S & S ARTS AND CRAFTS Fd~LLOWEEN CANDLEHOLDERS
20679 10/20/94 0002?7 S & S ARTS AND CRAFTS FREIGHT
20679 10/20/94 0002?7 S & S ARTS AND CRAFTS ASSORTED CRAFT FOAM
20679 10/20/94 0002?7 S & S ARTS AND CRAFTS SARGENT CRAYON EXEC.
20679 10/20/94 0002?7 S & S ARTS AND CRAFTS ~ASHABLE MARKERS
ZOd' ~/20/94 0002?7 S & S ARTS AND CRAFTS AB$ORTED POMPONS 1/2"
ZO~ J/20/94 0002?7 S & S ARTS AND CRAFTS ASSORTED PORPONS 2"
190-180-999-5301
190-180-999-5301
190-180-999-5301
190-180-999-5301
190-180-999-5]01
190-180-999-5301
190-180-999-5301
190-180-999-5301
190-180-999-5301
190-180-999-5301
190-180-999-5301
190-180-999-5301
190-180-999-5301
190-180-999-5301
190-180-999~5301
190-182-999-5301
190-182-999-5301
190-182-999-5301
190-182-999-5301
190-182-999-5301
145.74
11.65
11.65
11.15
29.99
51.99
49.50
83.98
39.95
2.99
24.99
37.19
37.19
3.50
85.61
88.35
194.58
15.90
25.45
VOUCHRE2 CITY OF TENECULA pLc~ 6
10/20/94 14:20 VOUCHER/CHECK REGISTER
FOR ALL PERIOOS
VOUCHER/
CHECK
NUMBER
CHECK VENDOR VENDOR
DATE NUMBER NAME
ITEM
DESCRIPTION
ACCOUNT
NUMBER
ITEM
AMOUNT
CHECK
AMOUNT
2067~
ZO&7~
20679
2067~
2067~
20~7~
20679
20679
2067~
20679
2067~
2067~
2067~
2067~
2067~
2067~
20680
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20194
000277 S & S ARTS AND CRAFTS
000277 S & S ARTS AND CRAFTS
000277 S & S ARTS AND CRAFTS
000277 S & S ANTS AND CRAFTS
000277 S & S ARTS AND CRAFTS
000277 S & S ARTS AND CRAFTS
000277 S & S ANTS AND CRAFTS
000277 S & S ARTS AND CRAFTS
000277 S & S ANTS AND CRAFTS
000277 S & S ARTS AND CRAFTS
000277 S & S ANTS AND CRAFTS
000277 S & S ARTS AND CRAFTS
000277 S & S ARTS AND CRAFTS
000277 S & S ARTS AND CRAFTS
000277 S & S ARTS AND CRAFTS
000277 S & S ARTS AND CRAFTS
SAVAGE, BIANCA
PIPE CLEANERS 12"
UIGGLY EYES ASSORTED
FELT JUMBO PACK
FUN FUR ASSORTED
CONSTRUCTION PAPER ASSORTED
CONSTRUCTION PAPER UNITE
PUZZLE RACK HOLDS 12
PUZZLE NOOOS 5 PIECES
PUZZLE PETS 5 PIECES
PUZZLE VEHICLES 6 PIECES
PUZZLE FAPJ4 ANZHALS 5 PIECES
REFUND FOR TCSD CLASS
190-182-~-5301
190-182-~9-5301
190-182-9~-5301
190-182-~-5301
190-182-~-5301
190-182-~-5301
190-182-q~9-5301
190-182-~-5301
190-182-~-5301
lf0-182-~9-5301
1~0-182-~9-5301
lV0-182-~-5301
190-182-~-5301
190-182-99~-5301
190-182-~-5301
1~0-182-9~-5301
190-183-999-5330
40.50
10.68
17'5.94
71.94
61.50
16.40
37.98
17.98
26.97
26.97
26.97
40.05
59.16
122.25
228.18
7.73
100.00
1,995.59
100,00
20681
20682
10/20/94
10/20/94
SIPE, CINDY
SMITH, KENNETH
REFUND FOR TCSD CLASS
REFUND FOR TCSD CLASS
190-18~-4982
190-183-4982
18,00
35,00
18,00
O0
20683
20683
20683
20683
10/20/94
10/20/94
10/20/94
10/20/94
000374 SOUTHERN CALIF
000374 SOUTHERN CALKF
000374 SOUTHERN CALIF
000374 SOUTHERN CALIF
EDISON 53-77-813-3192-01 9/3-10/3/94
EDISON 56-77-755-0157-01 9/7-10/6
EDISON 56-77-755-0169-01 9/7-10/6/94
EDISON 56-77-755-2147-01 9/7-10/6
190-182-9~9-5240
191-180-99~-5319
191-180-999-5319
191-180-999-5319
221.12
54,55
13,92
6,775.62
20684
20685
20685
20685
20685
20685
20685
20685
20685
20685
20685
20685
20685
20685
20685
20685
20685
20685
20685
Z0686
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
000537 SOUTHERN CALIF EDISON *
00037'5 SOUTHERN CALXF TELEPHON
0003?5 SOUTHERN CALIF TELEPHON
0003?5 SOUTHERN CALIF TELEPHOR
0003?5 SOUTHERN CALIF TELEPHON
0003?5 SOUTHERN CALIF TELEPNON
0003?5 SOUTHERN CALIF TELEPNON
0003?5 SOUTHERN CALIF TELEPNON
0003?5 SOUTHERN CALIF TELEPNON
0003?5 SOUTHERN CALIF TELEPHON
0003?5 SOUTHERN' CALIF TELEPHON
000375 SOUTHERN CALIF TELEPNON
0003?5 SOUTHERN CALIF TELEPHON
000375 SOUTHERN CALIF TELEPNON
000375 SOUTHERN CALIF TELEPNON
000375 SOUTHERN CALIF TELEPHON
000375 SOUTHERN CALIF TELEPHON
000375 SOUTHERN CALIF TELEP~ON
000375 SOUTHERN CALIF TELEPHON
001639 SUNNYVALE, CITY OF
ST LIGHTING FOR 8/31-9/30/94 191-180-999-5319
909 202-4204 UE
909 202-4751 TS
909 202-4753 BH
909 202-4754 KH
909 202-4755 CITY VAN
909 202-4756 GEN
909 202-4757 JG
909 202-4758 RR
909 202-4760 JH
909 202-4761 SM
909 202-4762 RP
909 202-4763 PS
909 202-4764 S8
909 202-4765 BB
909 202-4769 JS
909 202-4770 R8
909 205-4070 MJM
909 205-7826 GEN
001-110-9<~-5208
100-1~-604-5208
190-180-~9~-5208
190-180-~-5208
190-180-9994208
320-1~9-999-5208
001-120-9q9-5208
001-100-~99-5208
100-164-603-5208
001-100-9~~5208
001-100-9~9-5208
001-100-9994208
100-164-601-5208
100-164-601-5208
001-100-9~-5208
001-110-~-5208
001-140-~-5208
320-1~-~-5208
PUBLICATIQN-RESIX~RCE ALLOCATIO 001-140-9~9-5228
1,037,35
45.10
84.49
191.13
97.40
45.06
36.34
46.05
70.06
78.28
197.42
101.19
53.48
62.51
44.35
39.49
57.08
204.98
36.75
80.00
1,037.35
1,491,16
~O,O0
VOUr" CITY OF TEMECULA PAGE 7
10/, 14:20 VOUCHER/CHECK REGISTER
FOR ALL PERZOOS
VOUCHER/
CHECK
NUMBER
20687
20688
20689
CHECK VENDOR VENDOR ITEM
DATE NUMBER NAME DESCRIPTION
10/20/94
10/20/94
10/20/94
TANNER, CARQLYN
000309 TEMECULA COPIERS
THORNTOR, ~CAL
REFUND FOR TCSO CLASS
MAINT ON COPIER AT FIRE STATIO
REFUND FOR TCSD CLASS
20690 10/20/94 001545 TIME MOTION TOOLS PLACEMENT TOOL
20690 10/20/94 001545 TIME MOTION TOOLS 5/8 AUGER BIT
20690 10/20/94 001545 TIME MOTION TOOLS FREIGHT
20690 10/20/94 001545 TIME MOTION TOOLS TAX
20691
20692
20693
20693
20695
20695
20693
206
20694
20694
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
I0/20/94
10/20/94
10/20/94
10/20/94
~0/20/94
10/20/94
10/20/94
J/20/94
20695
20695
20695
20695
20696
20696
20696
20696
20696
20696
20696
20697
000697 TOUN AFFILIATION ASSOCI
000520 TO~NE CENTER STATIONERS
ANNUAL MEMBERSHIP 12/94-11/95
OFFICE SUPPLZES CORM SERVICES
001065 U S C M/PEBSCO (DEF. C 001065 DEF CONP
001065 U S C M/PEBSCO (DEF. C 001065 DEF CORP
001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP
001065 U S C M/PEBSCO (OEF. C 001065 DEF COMP
001065 U S C M/PEBSCO (DEF. C 001065 DEF CONP
001065 U S C M/PEBSCO (DEF. C 001065 DEF CORP
000389 U S C M/PEBSCO (OBIL~) 000389 PT RETIR
000389 U S C M/PEBSCO (DRILl) 000389 PT RETIR
000389 U S C M/PEBSCO (OBIL~) 000389 PT RET[R
000325 UNITED MAY OF THE INLAN 000325 L~
000325 UNITED MAY OF THE INLAN 000325 UU
000325 UNITED gAY OF THE INLAN 000325 U~
000525 UNITED WAY OF THE INLAN 000525 UW
000326 UNITOG RENTAL SERVICE
000326 UNITOG RENTAL SERVICE
000526 UNITOG RENTAL SERVICE
000526 UNITOG RENTAL SERVICE
000326 UNITOG RENTAL SERVICE
000526 UNITOG RENTAL SERVICE
000326 UNITOG RENTAL SERVICE
001437 VIRACK, RARYANN
0006(~5 VISIBLE COMPUTER SUPPLY
000686 VISIBLE COMPUTER SUPPLY
000~6 VISIBLE COMPUTER SUPPLY
000~ VISIBLE CQIAPUTER SUPPLY
000~ VISIBLE COMPUTER SUPPLY
000~ VISIBLE COMPUTER SUPPLY
20698
20698
20698
20698
20698
20698
20699
20~
001342 WAXIE SANITARY SUPPLY
WERHANQ&~ICZ, MIKE
UNIFORMS I~INT. FOR PW
UNIFORMS MAINT FOR PW
UNIFORM R~INTENANCE FOR TCSD
UNIFORM MAINTENANCE FOR TCSD
RENTAL OF FLCX~R MAT i CITY HAL
RENTAL OF FOOR ~T ~ CRC
RENTAL OF FLOOR MAT ~ SR CNTR
PAYMENT FOR TCSD INSTRUCTON
200 ~2 6 PART CARBONLESS FORMS
200 ENV FOR W2
100 ENV FOR 1099
100 1099 NISC CAROONLESS FORMS
FREIGHT
TAX
BLOG MAINT. SUPPLIES - CRC
REFUND FOR TCSD CLASS
ACCOUNT
NUMBER
190-183-4982
001-171-999-5217
190-183-999-5530
520-199-999-5242
320-199-999-5242
320-199-999-5242
520-199-999-5242
001-100-999-5226
190-180-999-5220
001-2080
100-2080
190-2080
300-2080
320-2080
340-2080
001-2160
100-2160
190-2160
001-2120
100-2120
190-2120
280-2120
100-164-601-5243
100-164-601-5245
190-180-999-5243
190-180-999-5243
540-199-999-5250
190-182-999-5250
190-181-999-5250
190-1~-999-5350
001-140-999-5220
001-140-999-5220
001-140-999-5220
001-140-999-5220
001-140-999-5220
001-140-999-5220
190-182-999-5212
190-183-999-5530
ITEM
AMOUNT
18.00
75.00
45.Q0
15.92
34.95
5.94
3.94
380.00
33.49
188.~J+
265.09
5.00
312.50
50.00
293.8~
133.36
372.56
65.85
10.05
17.00
.60
106.92
25.16
18.85
16,35
30.75
69.39
16.75
160.00
49.65
18.96
7.80
14.39
9.64
7.04
737.63
25.0O
CHECK
AMOUNT
18.00
7~.00
45.00
60.75
380.00
33.49
3,269.92
799.58
93.50
2&L17
160.00
107.48
737.63
25.00
VOUCHRE2 CITY OF TEMECULA P&~ 8
10/20/9~, 1~,:20 VOUCHER/CHECK REGISTER
FOR ALL PER%00S
VOUCHER/
CHECK
NUMSER
20701
20702
CHECK
DATE
10/20/9&
10/20/94
VENDOR V~NDOR ITEM
NUMBER NANE DESCRIPTION
000339 UEST PUBLISHING COMPANY CA RULES OF COURT REVISED 1994
001076 ~ESTERN ~ASTE, INC. PORTABLE TOILET RENTAL
ACCOUNT
NUMBER
001'120'999-5228
190-180"999-5~38
ITEN
AMOUNT
20.70
CHECK
AI~UNT
20.70
455,00
TOTAL CHECKS
81,888.40
V~ ~ CITY OF TEMECULA PAGE 7
10. 11:57 VOUCHER/CHECK REGZSTER
FOR ALL PERZOOS
FUND TITLE
001 GENERAL FUND
100 GAS TAX FUND
165 RDA DEV- LOW/MOO SET ASIDE
190 CONHUNZTY SERVZCE$ DISTRICT
191 TCSD SERVZCE LEVEL A
TCSD SERVICE LEVEL C
210 CAPITAL IMPROVEMENT PROJ FUND
280 REDEVELOPMENT AGENCY -
300 INSURANCE FUND
INFORMATION SYSTEMS
330 SUPPORT SERVICES
340 FACILITIES
390 TCSD DEBT SERVICE
TOTAL
ANaJNT
10,190.10
2,460.61
10.69
11,704.16
9.87
5,548.12
Z+Z+,213.71
204.96
11.~
6#~19.1~
11,516.68
150.00
93,326.18
VOUCHRE2 CITY OF TEMECULA P .... 1
10/27/94 11:57 VOUCHER/CHECK REGISTER
FOR ALL PERIOOS
VOUCHER/
CHECK CHECX VENDOR VENDOR ITEM ACCOUNT
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER
ITEM
AMOUNT
CHECK
AMOUNT
20618 10/20/94 000199 INTERNAL REVENUE SERVIC FEE FOR EXEMPT DETERMINATION 390-199-999-5227
150.00
150.00
20703 10/20/94 000374 SOUTHERN CALIF EDISON EXTEND SERVICE FOR LOMA LINDA 210-190-120-5804
20704 10/21/94 000488 KNOTT~S BERRY FARM ADMISSION TICXETS 190-183~999-5350
20708 10/27/94 000724 A & R CUSTOM SCREEN PMI SPORTS PROGR~J4S AWARDS 190-183-999-5380
16,235.71
1,400.00
633.83
16,235.71
633.83
20?09 10/27/94
ABARE'PANTER~ ELIZABETH REFUND FOR CANCELLED CLASS 190-183'4980
105.00
105.00
20710 10/27/94 000495 ACT 1 PERSONNEL SERVICE TEMP HELP- W/E 9/24 & 10/1 001-161-999-5118
194.15
194.15
20711 10/27/94 001425 AIRTOUCH CELLULAR CORP. 909 204-1200 TH
320-199-999-5208
68.94
68.94
20712 10/27/94 000102 AMERICAN FENCE CO. OF C TEMP FENCE RENTAL FOR OCT 94 190-180-999-523B
145.00
145.00
20713 10/27/94 000101 APPLE ONE TEMP HELP W/E 10/08/94 280-199-999-5250
154.80
154.80
20714 10/27/94 000195 ASCOM HASLER MAILING SY METER RENTAL FOR 11/1-1/31/95 330-199-999-5239
219,75
219.75
20715 10/27/94 000914 C N 0 A
CNOA TRAINING NOV. 19'22/94 001-170-999-5261
7'55.00
?35.00
20716 10/27/94 00048~ CALIFORNIA ASSOC LOCAL CALED ANNUAL MEMBERSHIP 94-95 001-110-999o5226
300.00
JO
20717 10/27/94 000950 CALIFORNIAN - DISPLAY JOB RECRUITMENT AD(1100533000) 001-150-999-5254
26.40
26.40
20718 10/27/94 000127
20718 10/27/94 000127
20718 10/27/94 000127
20718 10/27/94 000127
20718 10/27/94 000127
20718 10/27/94 000127
20718 10/27/94 000127
20718 10/27/94 000127
20718 10/27/94 000127
20718 10/27/94 000127
CALIFORNIAN - LEGAL
CALIFORNIAN LEGAL
CALIFORNIAN LEGAL
CALIFORNIAN LEGAL
CALIFORNIAN LEGAL
CALIFORNIAN LEGAL
CALIFORNIAN LEGAL
CALIFORNIAN LEGAL
CALIFORNIAN LEGAL
CALIFORNIAN LEGAL
PUBLIC NOTICE (7776400*CI
PUBLIC NOTICE (7776400'CI
PUBLIC NOTICE (7776400wCI
PUBLIC NOTICE (?'/76400'CI
PUBLIC NOTICES (7771467'CI
PUBLIC NOTICE (7776400'0I
PUBLIC NOTICE (7'/76400'CI
PUBLIC NOTICES (7771467'CI
PUBLIC NOTICE (7771467'CI
PUBLIC NOTICE (7776400wCI
001-120-999-5256
001-120-999-5256
001-120-999-5256
001-120-999-5256
001-120-999-5256
001-120-999-5256
001-120-999-5256
001-120-999-5256
001-161-999-5256
001-161-999-5256
43.3?
131.65
131.65
37.17
15.10
37.95
128.55
17.42
10.45
32.52
585.83
20719 10/27/94 000135 CENTRAL CITIES SIGN SER SIGN STOCK FOR CITY YARD
20719 10/27/94 000135 CENTRAL CITIES SIGN SER TAX
100-164-601-5244
100-164-601-5244
129.70
10.03
139.75
20720 10/27/94 000137 CHEVRON U S A IN0. FUEL EXPENSE
Z0720 10/27/94 000137 CHEVRON U S A INC. FUEL EXPENSE
20720 10/27/94 000137 CHEVRON U S A INC. FUEL EXPENSE
20720 10/27/94 000137 CHEVRON U S A INC. FUEL EXPENSE
20720 10/27/94 000137 CHEVRON U S A INC. FUEL EXPENSE
001-110-999-5263
001-170-999-5262
001-162-999-5263
001-161-999-5262
001-163-999-5263
37.97
60.81
25.72
9.21
19.00
152.71
20721 lo/27/94
CLEMONS, PATRICiA CANCELLATION OF TCSD CLASS 190-183-4982
18.00
18.00
35.00
20722 10/27/94 COFFMAN, KATHERINE CANCELLATION OF TCSD CLASS 190-183'4982 35.00
20723 10/27/94 000447 CONTRONIX OF HEMET iNSTALL ANTENNA 100-164-601-5215 141.03
VO CITY OF TEMECULA PAGE 2
10. 11:57 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK
NUMBER
20723
20723
20724
20725
20~5
20726
20726
20726
20726
20727
20728
20729
207'3O
20732
20732
20732
20~3
20~3
207'~4
20735
20735
20735
20735
20735
20736
20736
20736
20736
20736
20736
20736
20736
CHECK VENDOR VENDOR
DATE NUMBER NAME
10/27/94
10/27/94
10/27/94
10/27/94
10/27/94
10/27/94
10/27/94
10/27/94
10/27/94
10/27/94
10/27/94
10/27/94
10/27/94
10/27/94
10/27/94
10/27/94
10/27/94
10/27/94
10/27/94
10/27/94
10/27/94
10/27/94
10/27/94
10/27/94
10/27/94
10/27/94
10/27/94
10/27/94
10/27/94
10/27/94
10/27/94
10/27/94
10/27/94
000447 CONTRONIX OF HEMET
000447 CC~4TRONIX OF HEMET
CORTENBACH, LINDA
001535 CREEKSIDE TEXACO
001535 CREEKSIDE TEXACO
001636 CREGAR PRINTING
001636 CREGAR PRINTING
001636 CREGAR PRINTING
001636 CREGAR PRINTING
001645 DAYS INN
001648 DE ANZA HARBOR RESORT
001542 DEFABIIS, SEAM-PAUL NIC
000518 DEL RIO CARE ANII~L HOS
001572 EMPLOYERS GR(3Jp, THE
001056 EXCEL LANDSCAPE
001056 EXCEL LANDSCAPE
001056 EXCEL LANDSCAPE
001002 FIRST INTERSTATE BANK C
001002 FIRST iNTERSTATE BANK C
001638 FLAG HART
000184 G T E CALIFORNIA - PAYM
00018/, G T E CALIFORNIA - PAYM
00018/, G T E CALIFORNIA - PAYN
00018/+ G T E CALIFORNIA - PAYM
000184 G T E CALIFORNIA * PAYM
00017'/ GLENNIES OFFICE PROOUCT
000177 GLENNIES OFFICE PRODUCT
000177 GLENNIES OFFICE PRODUCT
000177 GLENNIES OFFICE PRODUCT
00017'7 GLENNIES OFFICE PRODUCT
000177'7 GLENNIES OFFICE PRODUCT
000177 GLENNIES OFFICE PRODUCT
000177 GLENNIES OFFICE PRODUCT
ITEM ACCOUNT
DESCRIPTION NUMBER
RADIO SERVICE REPAIRS
RADIO SERVICE REPAIRS
100-164-601-5215
001-16~-999-5250
CANCELLATION OF TCSD CLASS 190-18]-4982
VEHICLE MAINT. FOR PW
VEHICLE HAINT. FOR PUBLIC
100-164-601-5214
100-164-601-5214
2 PT NCR INSPECTION REQUEST PW 001-1~-999-5222
2 PT NCR INSPECTION REQUEST PU 100-164-604-5222
TAX 001-163-999-5222
TAX 100-164-604-5222
LODGING FON gKSHP 11/1/94 KH 190-180-999-5261
LODGING FOR CNOA gKSHP 11/19-2 001-170o999-5261
FINAL PMT FOR PAINTING OF NAUN 190-183-999-5370
MEDI~L CARE FOR POLICE DOG 001-170-999-5327
WKERS CONP WKSHP 11/30 FOR GY 001-150-999-5260
SPTS PRK-REPAIRED MAIN LINE 190-180-999-5415
SPTS PRK-REPAIRED 2 MA%N LINES 190-180-999-5415
SPTS PRK-REPLACE BROKEN VALVE 190-180-999-5415
NAT LEAGUE CITIES&MEET IN TO~4N 001-100-999-5260
NAT LEAGUE CITIES&MEET IN TOt4N 001-100-999-5258
FLAGS OF JAPAN & BASES
001-100-999-5258
909 181-11Z] GEN
909 694-1993 GEN
909 695-3564 GEN
909 699-2475 PW
909 699-7945 GEN
320-199-999-5208
320-199-999-5208
320-199-999o5208
100-164-601-5208
320-199-999-5208
OFFICE SUPPLIES-CITY MGR DEPT
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES FOR THE CRC
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
001-110-999-5220
001-161-999-5220
001-120-999-5220
190-182-999-5220
001-120-999-5220
001-140~999-5220
001-140-999-5220
001-140-999-5220
ITEM
AMOUNT
87.71
73.32
18.00
106.58
31.80
1~.25
62.75
14.59
4.86
53.90
82.89
137.50
35.17
185.00
306.75
480.07
21.92
17.63
335.00
29.33
611.13
975.05
33.34
32.28
35.29
59.23
34.48
32.22
11.31
10.72
34,48
60.06
26.13
CHECK
AMOUNT
302.06
18.00
138.38
270.45
53.90
82.89
137.50
35.17
185.00
808.74
352.63
29.33
1,687.09
268.63
207'J7 10/27/94 000178 GOLDEN STATE TRADING CO LASER IL~MBOARD Ill W/ZMB RAM 320-199-999-5221 500.00
20737 10/27/94 000178 GOLDEN STATE TRADING CO FREIGHT 320-199-999-5221 5.00
20' '0/27/94 000178 GOLDEN STATE TRAJ3ING CO TAX 320-199-999-5221 38.75 543.75
VOUCHRE2 CITY OF TEMECULA n'-- 3
10/27/94 11:57 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT
NUMBER DATE NUMBER NANE DESCRIPTION NLR~BER
ITEM
AHOUNT
CHECK
AMOUNT
Z0738 10/27/94 GRABAU~ ARLENE REFUND - TCSO CLASS 190-183-4980
20739 10/27/94 000180 GRAYBAR ELECTRIC COHPAN SPEAKER PHONE FOR CRC 320-199-999-5221
6.00
196.42
20740 10/27/94 001536 HARTFORD LIFE INSURANCE 001536 LIFE INS 001-2360 597.00
20740 10/27/94 001536 HARTFORD LIFE INSURANCE 001536 LIFE INS 100-2.~60 116.00
20740 10/27/94 001556 HARTFORD LIFE INSURANCE 001536 LIFE INS 165-2360 4.00
20740 10/27/94 001556 HARTFORD LiFE INSURANCE 001556 LIFE INS 190-2360 144.50
20740 10/27/94 001536 HARTFORD LIFE INSURANCE 001536 LIFE INS 191-2560 4.50
20740 10/27/94 001536 HARTFORD LIFE INSURANCE 001536 LIFE INS 193-2360 15.50
20740 10/27/94 001536 HARTFORD LIFE INSURANCE 001536 LIFE INS 280-2~60 2.00
20740 10/27/94 001536 HARTFORD LIFE INSURANCE 001536 LIFE INS 300-2360 5.00
20740 10/27/94 001536 HARTFORD LIFE INSURANCE 001536 LIFE INS 320-2360 10.00
20740 10/27/94 001536 HARTFORD LIFE INSURANCE 001536 LIFE INS 330-2360 10.00
20740 10/27/94 001536 HARTFORD LIFE INSURANCE 001536 LIFE INS 540-2~60 21.50
20740 10/27/94 001536 HARTFORD LIFE INSURANCE 001536 LTD 001-2380 651.87
20740 10/27/94 001536 HARTFORD LIFE INSURANCE 001536 LTD 100-2.]80 115.01
20740 10/27/94 001536 HARTFORD LIFE INSURANCE 001536 LTD 165-2380 5.64
20740 10/27/94 001536 HARTFORD LIFE INSURANCE 001536 LTD 190-2380 141.59
20740 10/27/94 001536 HARTFORD LIFE INSURANCE 001536 LTD 191-2380 4.53
20740 10/27/94 001536 HARTFORD LIFE INSURANCE 001556 LTD 193-~x80 16.10
20740 10/27/94 001536 HARTFORD LIFE INSURANCE 001536 LTD 280-2580 3.17
20740 10/27/94 001556 HARTFORD LIFE INSURANCE 001556 LTD 500-2~80 5.42
20740 10/27/94 001536 HARTFORD LIFE INSURANCE 001536 LTD 320-2380 15.89
20740 10/27/94 001536 HARTFORD LIFE INSURANCE 001536 LTD 330-2.]80 5.93
20740 10/27/94 001536 HARTFORD LIFE INSURANCE 001536 LTD 340-2~80 14.87
20740 10/27/94 001536 HARTFORD LIFE INSURANCE 001536 STD 001-2500 115.75
20740 10/27/94 001536 HARTFORD LIFE INSURANCE 001536 STD 100-2500 21.37
~0740 10/27/94 001556 HARTFORD LIFE INSURANCE 001556 STD 165-2500 1.05
20740 10/27/94 001536 HARTFORD LIFE INSURANCE 001536 STD 190-2500 26.54
20740 10/27/94 001536 HARTFORD LIFE INSURANCE 001536 STD 191-2500 .84
20740 10/27/94 001536 HARTFORD LIFE INSURANCE 001536 STD 193-2500 2.99
20740 10/27/94 001536 HARTFORD LIFE INSURANCE 001536 STO 280-2500 .59
20740 10/27/94 001536 HARTFORD LIFE INSURANCE 001556 STD 500-2500 1.01
20740 10/27/94 001536 HARTFORD LIFE INSURANCE 001536 STD 320-2500 2.58
20740 10/27/94 001536 HARTFORD LIFE INSURANCE 001536 STD 330-2500 1.10
20740 10/27/94 001536 HARTFORD LIFE INSURANCE 001536 STD 340-2500 2.76
6.00
196,42
2,064.40
20742 10/27/94 001517 HEALTH & HUMAN RESOURCE EMPLOYEE ASSISTANCE PROGRAM 001'150'999-5250
328.25
328.25
20743 10/27/94 0016~1 NENNESSY, LENORA PARADE FLYERS FOR TCSD 190-18~-999-5570
20.00
20,00
20744 10/27/94 HUMES REFUND FOR TCSD CLASS 190-183-4982
35.00
55.00
20745 10/27/94 0016/.9 INLAND AREA PERSONNEL YR MEMBERSHIP FOR GRANT YATES 001-150-999-5226
20.OO
20.00
20746 10/27/94 001407 INTER VALLEY POOL SUPPL MISC POOL SUPPLIES
190-182-999-5212
521.96
321.96
20747 10/27/94 001186 IRWIN, JOHN PAYMENT TO TCSD INSTRUCTOR 190-183-999-5330
20748 10/27/94 000203 JOSS AVAILABLE, INC. RECRUITMENT ANNOUNCEMENT 001-150-999-5254
89.60
213.12
89.60
3.12
v~' CTTY OF TEMECULA PAGE
10, 11:57 VOUCHER/CHECK REGISTER
FOR ALL PERIOOS
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER
ITEM CHECX
AMOUNT AMOUNT
20749 10/27/94 000205 KIDS PARTIES, ETC. WICKED WITCH FOR TCSD CLASS 190-18~-999-5320
75.00 75.00
20750 10/27/94 000209 L & M FERTILIZER,/NC. MISC. MAINTENANCE SUPPLIES 100-164-601-5218
71.47 71.47
20751 10/27/94 001607 L D D S COMMUNICATIONS LONG DIST. SERVICE FOR SEPT 94 520-199-999-5208
20?52 10/27/94 LENEKER, MOMIQUE REFUND FOR TCSD CLASS 190-18~-4975
2,291.72 2,291.72
50.00 50.00
20?55 10/27/94 001513 LIBERTY AUTO CENTER MAINT. FOR TCSD VEHICLES 190-180-999-5214
20?53 10/27/94 001513 LIBERTY AUTO CENTER VEHICLE REPAIR/MAINTENANCE 001-162-999-5214
156.31
345.12 501.43
20?54 10/27/94 000653 LUCKY STORE
SUPPLIES FOR COOKIES MONSTER 190-183-999~5320
50.00 50.00
20?55 10/27/94 000214 LUNCH & STUFF CATERING SISTER CITY MEETING
001-100-999~5258 200.00 200.00
20?56 10/27/94 001646 MAY, DORIAN
FOG MACHINE FOR HAUNTED HOUSE 190-18~-999~5370
100.00 100.00
20?57 10/27/94 MEEKER, ]CATHERINE CANCELLATION - TCSD CLASS 190-183-999-5330
20?58 10/27/94 001526 MICHAELS STORES, INC. CRAFT SUPPLIES 190-180-999-5301
20'~' 10/27/94 001526 MICHAELS STORES, INC. CRAFT SUPPLIES 190-180-999-5301
2 10/27/94 001526 MICHAELS STORES, INC. CRAFT SUPPLIES 190-180-999-5301
2b 10/27/94 001526 MICHAELS STORES, INC. CRAFT SUPPLIES 190-180-999-5301
20?58 10/27/94 001526 MICHAELS STORES, INC. CRAFT SUPPLIES FOR TCSD 190-180'999'5301
20?58 10/27/94 001526 MICHAELS STORES, INC. CRAFT SUPPLIES 190-180-999~5301
20?59 10/27/94 001030 MINI'GRAPHIC SYSTEMS, I MISC TAPES CARD, MICROFILM 330-199'999'5277
20759 10/27/94 001030 MINI'GRAPHIC SYSTEMS, I MISC TAPES CARD, MICROFILM 330'199-999-5277
20?60 10/27/94 000973 MIRACLE RECREATION EQUI TUBE SLIDE / EXIT SECTION 190-180'999'5212
20?60 10/27/94 000973 MIRACLE RECREATION EQUI FREIGHT 190-180'999'5212
20760 10/27/94 0009?3 MIRACLE RECREATION EQUI TAX 190-180-999'5212
20761 10/27/94 MORRIS, ROBERT REFUND FOR PA94'0045 001'161-4119
20761 10/27/94 MORRISI ROBERT REFUND FOR PA94-0045 001-163'4388
20762 10/27/94 000231 N B S/LOWRY, INC. ADDT'L SERVICES-MORAGA WIDEN 100-164-603-5E48
20?63 10/27/94 000239 OLSTEN TEMPORARY SERVIC TEMP SERVICES THRU 10/9 001-162-999-5118
20763 10/27/94 000239 OLSTEN TEMPORARY SERVIC TEMP SERVICES THRU 10/9 001-162-999-5118
18.00 18.00
45.39
25.08
45.94
46.45
74.57
1.50 238.93
432.37
20.87 453.24
80.00
14.24
6.20 100.42.
176.00
14.00 190.00
1,500.00 1,500.00
?58.94
177.06 956.00
20764 10/27/94 001619 ORANGE COUNTY REGISTER
EXECUTIVE DIRECTOR AD
20765 10/27/94 OROZCO, YOLANDA REFUND - TCSD EVENT
001-150-999-5254 253.32 253.32
190-183-4986 28.00 28.00
20766 10/27/94 000249 PETTY CASH PETTY CASH REIMB. 001-100-999-5258
20766 10/27/94 000249 PETTY CASH PETTY CASH REIMB. 001-100-999-5260
20766 10/27/94 000249 PETTY CASH PETTY CASH RE1MB. 001-140-999-5260
2076~ 10/27/94 000249 PETTY CASH PETTY CASH REIMB. 001-161-999-5258
20' 0/27/94 000249 PETTY CASH PETTY CASH REIMS. 001-163-999-5260
20, 0/27/94 000249 PETTY CASH PETTY CASH REIMN. 100-164-602-5260
25.00
4.27
43.35
17.50
6.41
30.00
VOUCHRE2 CiTY OF TEHECtJLA ' ~ 5
10/27/94 11:57 VOUCHER/CHECK REGISTER
FOR ALL PERIOOS
VCXJCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT
NUMBER DATE NLIHBER NAME DESCRIPTION NUMBER
ITEM
AMOUNT
CHECK
AMOUNT
20766 10/27/94 000249 PETTY CASH PETTY CASH REIMB. 190-183-999-5320
20767 10/27/94 000580 PHOTO WORKS PICTURE DEVELOPING 001-161-999-5224
99.14
6.47
225.67
6.47
20768 10/27/94 000254 PRESS-ENTERPRISE CORPAN DISPLAY AD SEPT. 16 FRIDAY 001-120-999-5254
20768 10/27/94 000254 PRESS-ENTERPRiSE COMPAN DISPLAY AD SEPT. 20 TUESDAY 001-120-9q9-5254
20768 10/27/94 000254 PRESS°ENTERPRiSE CORPAN AD-OLD TO~N ENTERTAINMENT PRJ 280-199-999-5254
20768 10/27/94 000254 PRESS-ENTERPRISE CONPAN ADVERTISING - REC ASST. 001-150-999-5254
28.00
28.00
~4.40
92.6~
193,04
20769 10/27/94 001017 PRICE SECURITY SYSTEM CRC SECURITY SERVICE
190-180-999-5250
60.00
60.00
20770 10/27/94 000546 RADIO SHACK/BUTTERFIELD CD PLYR FOR HOLD ON TELEPHONE 320-199-999-5221
237.02
237.02
20771 10/27/94 001253 RAGAN COMMUNICATIONS WORKING COlel. PUBLICATION 1YR 001-161-999-5228
97.00
97.00
20772 10127/94 000262 RANCHO CALIFORNIA WATER WATER SERVICE 8/23-9/22/94
20772 10/27/94 000262 RANCHQ CALIFORNIA WATER WATER SERVICE 8/23-9/22/94
190-180-999-5240
193-180-999-5240
2,509.23
5,513,53
8,022.76
20773 10/27/94 000907 RANCHO CAR WASH
20773 10/27/94 000907 RANCHO CAR WASH
207?3 10/27/94 000907 PJ~NCHO CAR WASH
207'74 10/27/94 000426 RANCHO iNDUSTRIAL SUPPL
20774 10/27/94 000426 RANCHO INDUSTRIAL SUPPL
20774 10/27/94 000426 RANCRO INDUSTRIAL SUPPL
CAR MASHES FOR CITY VEHICLES 001-162-999-5214
CAR WASHES-TCSD ~HECLES 190-180-999-5214
CAR WASH & MAINT. FOR LAND OEV 001-163-999-5214
MISC SUPPLIES FOR SENIOR CTR
MISC SUPPLIES FOR SENIOR CTR
MISC, JANITORIAL SUPPLIES
190-181-999-5212
190-181-999-5212
190-180-999-5212
25.07
17.50
16.00
72,31
92,08
14,49
178.88
20775 10/27/94 001605 RIVERSIDE CO. CLERK NOTICE OF EXEMPTION PW92-10 210-165-625-5804
78.00
78.00
20776 10/27/94 RQORIGUEZ, JUDITH REFUND - TCSD CLASS 190-18~-4982
65.00
65.00
2077?' 10/27/94 000459 RUFF & TUMBLE PMT TO TCSD INSTRUCTOR 190-183-999-5330
207'/8 10/27/94 000704 S K S, INC/INLAND OIL FIGURINES FOR HALLOWEEN 190-180-999-5301
207'/8 10/27/94 000704 S K S, INC/INLAND OIL FREIGHT 190-180-~99-5301
1,960.00
7.99
1,960.00
12.74
20779 10/27/94 000278 SAN DIEGO UNION TRIBUNE RECRUITMENT AD FOR P/W DIM 001-150-999-5254
215.05
215.05
20780 10/27/94 000751 SKILLPATH, INC. INDISPENSABLE ASSIST ~KSHP
20781 10/27/94 001212 SOUTHERN CALIF GAS CONP 11-8272-901-575t-3 CRC
001-140-999-5261
190-182-999-5240
99.00
1,442.73
99.00
1,442.73
20782 10/27/94 00037~ SOUTHERN CALIF TELEPHON 909 202-4752 SN
20782 10/27/94 000375 SOUTHERN CALIF TELEPHON 909 202-4759
20782 10/27/94 000375 SOUTHERN CALiF TELEPHON 909 202-4767 GH
190-180-999-5208
001-162-999-5208
001-161-999-5208
89.44
62.08
58.73
210.25
20783 10/Z7/94 000291 SPES DEE OIL CHANGE & T REPAIR AND MAINTENANCE
001-162-999-5214
76.79
20784 10/27/94 000303 SYSTEM 2/90 NAMEPLATE; PANEL MOUNT 001-162-999-5220
20784 10/27/94 000303 SYSTEM 2/90 NAMEPLATE ONLY 001-120-999-5220
20784 10/27/94 000303 SYSTEM 2/90 FRE|GHT 001-120-999-5220
20784 10/27/94 000303 SYSTEM 2/90 FREIGHT 001-162-999-5220
21.60
32.40
2.00
2.00
VO ~ CITY OF TEMECULA PAGE 6
10 11:57 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK CHECK VENDOR VENDOR
NUMBER DATE NUMBER MANE
20784 10/27/94 000303 SYSTEM 2/90
2078/-+ 10/27/94 000303 SYSTEM 2/90
20785 10/27/94 TANG, DEBBIE
20786 10/27/94 000305 TARGET STORE
20787 10/27/94 000825 TEMECULA CYCLES
20787 10/27/94 000825 TEMECULA CYCLES
20788 10/27/94 000978 TRAUMA INTERVENTION PRO
20789 10/27/94 001602 TP,~UTWEIN CONSTRUCTION
20789 10/27/94 001602 TRAUTWEIN CONSTRUCTION
20789 10/27/94 001602 TRAUTWEIN CONSTRUCTION
20790 10/27/94 001209 VAULT, THE
207~1 10/27/94 001474 VORTEX DATA SYSTEMS
207~ 10/27/94 ~AGONER, CARRIE
2~ 10/27/94 UALLACE, SUSAN
20794 10/27/94 WEILERT, JAN
207~5 10/27/94 000335 WESTERN CiTY MAGAZINE
20796 10/27/94 000466 WHITEHEAD, RHONDA
20797 10/27/94 000342 WINDSOR PARTNERS - RANC
20797 10/27/94 000342 WINDSOR PARTNERS - RANC
20798 10/27/94 001647 WISE, MIKE
ITEM
DESCRIPTION
TAX
TAX
REFUND FOR TCSD CLASS
RECREATION SUPPLIES
MOTORCYCLE MAINTENANCE
MAINTENANCE - CITY MOTORCYCLES
AGENCY FEES FOR TiP/1ST FY GTR
CONST LONG VLLY WASH CHANNEL
CONST LONG VLLY WASH CHANNEL
IOX RETENTION INVOICE 941012
NISC APERTURE CARDS
NETWORK TI~iNING COURSE
REFUND FOR TCSD CLASS
CANCELLATION OF TCSD CLASS
OVERPMT ON MS93-Z677/PA93*0193
AD FOR P~4/CITY ENG DIRECTOR
PAYMENT TO TCSD INSTRUCTOR
NOVEMBER RENT
OCTOBER CAM
FOG JUICE FOR HAUNTEO HOUSE
ACCOUNT
NUMBER
001-162-999-5220
001-120-~99-5220
190-183-4982
190-180-999-5301
001-170-~-5214
001-170-9~9-5214
001-171-~q~-5274
210-166-6/,9-5804
210-1990
210-2035
330-199-999-5277
320-199-~q-5261
190-183-4975
190-183-4982
001-2650
001-150-999-5254
190-183-999-5330
340-199-9~q-5234
340-199-~-5234
190-18~-~99-5370
1.63
2.56
40.00
99.55
269.98
218.05
1,312.50
59.48
3,100.00-
196.70
1,400.00
50.00
18.00
5.00
378.00
~.00
8,803.60
30.00
CHECK
AMOUNT
62.19
40.00
99.55
488.03
1,312.50
27,900.00
196.70
1,400.00
50,00
18.00
5.00
378.00
64.00
11#477.55
30.00
TOTAL CHECKS 93,326.18
VOUCHRE2 CITY OF TENECULA ' 10
11/03/94 15:40 VIXJCHER/CNECN REGISTER
FOR ALL PERIOOS
FUND TITLE
001 GENERAL FUND
100 GAS TAX FUND
165 RDA DEV- LOW/HOD SET ASIDE
190 CONNUNITY SERVICES DISTRICT
191 TCSD SERVICE LEVEL A
192 TCSD SERVICE LEVEL B
193 TCSD SERVICE LEVEL C
210 CAPITAL INPROVEHENT PROJ FUND
280 REDEVELOPNENT AGENCY -
300 INSURANCE FUND
INFORNATION SYSTEMS
SUPPORT SERVICES
340 FACZLITIES
390 TCSD DEBT SERVICE
TOTAL
ANOUNT
59,637.42
12,093.26
452.52
24,061.13
4,591.16
50~.13
1,857.63
17,154.15
8&1.46
1,088.13
4,3~.70
3,684.~
4,119.84
315.00
1~4,7~7.76
VQU CITY OF TEMECULA PAGE I
11/ 15:40 VOUCHER/CHECK REGISTER
FOR ALL PERIQOS
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER
ITEM
AMOUNT
CHECK
AMOUNT
20799 10/28/94 000160 EMPLOYMENT DEVELOPMENT 3RD GTR UNEMPLOY & TRAIN TAX 001-2350
20799 10/28/94 000160 EMPLOYMENT DEVELOPMENT 3RD QTR UNENPLOY & TPJ~IN TAX 100-2350
20799 10/28/94 000160 EMPLOYMENT DEVELOPMENT 3RD QTR UNENPLOY & TRAIN TAX 190-2350
20799 10/28/94 000160 EMPLOYMENT DEVELOPMENT 3RD QTR UNEMPLOY & TRAIN TAX 192-2380
20799 10/28/94 000160 EMPLOYMENT DEVELOPMENT 3RD QTR UNEMPLOY & TRAIN TAX 340-2350
20799 10/28/94 000160 EMPLOYMENT DEVELOPMENT 3RD QTR UNEMPLOY & TRAIN T~J( 190-2070
20801 10/28/94 001360 CALIFORNIA BUILDING COO
SEMINAR FOR BUILDING INSPECTOR 001-162-999-5261
1,832.97
128.07
5,762.28
6.99
12.41
11.43
350.00
5,754.15
350.00
20802 10/28/94 001567 MALEK GENERAL CONTRACTO KENT HINDERGARDT PARK CONST. 210-190-136-5804
20802 10/28/94 001567 MALEX GENERAL CQNTRACTO 10% RETENTION INV. 002 210-2035
20803 11/01/94 001542 DEFABIIS, SEAN-PAUL MIC PMT FOR TCSD INSTRUCTOR 190-183-9<~9-5330
18,364.50
1,836.45-
67~.00
16,528.05
672.00
20804 11/01/94 000199 INTERNAL REVENUE SERVIC BAL FOR DETERMINATION LETTER 390-199-999-5227
315.00
315.00
4107'/5 11/03/94 000444 FIRSTAX (EDD) 000444 $DI 001-2070 514.72
410775 11/03/94 000444 FIRSTAX (EDD) 000444 SOI 100-2070 132.58
410775 11/03/94 000444 FIRSTAX (EDD) 000444 $DI 190-2070 235.85
410775 11/03/94 000444 FIRSTAX (EDD) 000444 SDZ 191-2070 7.89
4107, 11/03/94 000444 FIRSTAX (EDD) 000444 SOl 192-2070 10.37
41 11/03/94 000444 FIRSTAX (EDD) 00044~ SDI 193-2070 28.77
41b 11/03/94 000444 FIRSTAX (EDD) 0004/+/. SDI 280-2070 3.08
410775 11/03/94 000444 FIRSTAX (EDD) 000444 SDZ 300-2070 3.58
410775 11/03/94 000444 FIRSTAX (EDD) 000444 SD[ 330-2070 11.10
4107/5 11/03/94 000444 FIRSTAX (EDD) 000444 SD[ 340-2070 25.19
4107'/5 11/03/94 000444 FIRSTAX (EDD) 000444 STATE 001-2070 2#840.95
410775 11/03/94 000444 FIRSTAX (EDD) 0004/.4 STATE 100-2070 538.67
410775 11/03/94 000444 FIRSTAX (EDO) 000444 STATE 165-2070 22.08
410775 11/03/94 000444 FIRSTAX (EDO) 00044/. STATE 190-2070 564.52
4107'75 11/03/94 000444 FIRSTAX (EDD) 0004/,4 STATE 191-2070 15.86
410775 11/03/94 000444 FIRSTAX (EDD) 000444 STATE 192-2070 9.06
4107'75 11/03/94 000444 FIRSTAX (EDD) 000444 STATE 193-2070 45.51
410~ 11/03/94 000444 FIRSTAX (EDD) 0004/+4 STATE 280-2070 9.58
4107'/5 11/03/94 000444 FIRSTAX (EDD) 000444 STATE 300-2070 30.04
4107'/5 11/03/94 000444 FIRSTAX (EDD) 000444 STATE 320-2070 64.15
410775 11/03/94 000444 FIRSTAX (EDD) 000444 STATE 330-2070 19.64
410775 11/03/94 000444 FIRSTAX (EDD) 00044/, STATE 340-2070 16.05
416849 11/03/94 000283 FIRSTAX (IRS) 000283 FEDERAL 001-2070 10,787.86
416849 11/03/94 000Z83 FIRSTAX (IRS) 000283 FEDERAL 100-2070 2,154.83
416849 11/03/94 000283 FIRSTAX (IRS) 000283 FEDERAL 165-2070 103.25
416849 11/05/94 000283 FIRSTAX (IRS) 000283 FEDERAL 190-2070 2,814.53
416849 11/03/94 000283 FIRSTAX (IRS) 000283 FEDERAL 191-2070 47.73
416849 11/03/94 000283 FIRSTAX (IRS) 000283 FEDERAL 192-2070 71.74
416849 '11/05/94 000283 FIRSTAX (IRS) 000283 FEDERAL 193-2070 214.22
416849 11/03/94 000283 FIRSTAX (IRS) 000283 FEDERAL 280-2070 42.44
416849 11/03/94 000283 FIRSTAX (IRS) 000283 FEDERAL 300~2070 87.98
416849 11/03/94 000283 FIRSTAX (IRS) 000283 FEDERAL 320~2070 27~.83
416F 1/03/94 000283 FIRSTAX (IRS) 000283 FEDERAL 330-2070 99.11
416, 1/03/94 000283 FIRSTAX (IRS) 0002~ FEDERAL 340-2070 143.60
5,149.20
VOUCHRE2 CITY OF TEMECULA ' 2
11/03/94 15:40 VOUCHER/CHECK REGISTER
FOG ALL PERIODS
VOUCHER/
CHECX CHECK VENDOR VENDOR
NUMBER DATE NUMBER NAME
ITEM ACCOUNT XTEM CHECK
DESCRIPTION NUMBER AMOUNT AMOUNT
4168~9 11/03/94 000283 FIRSTAX (ZRS) 0002R'x MEDZCARE 001-2070 2,650.99
4168~9 11/03/94 000283 FZRSTAX (IRS) 00028~ MEDICARE 100-2070 S26.30
416849 11/03/94 00028~ FIRSTAX (IRS) 00028~ MEDICARE 165-2070 20.88
416849 11/03/94 000283 FIRSTAX (IRS) 00028~ MEDICARE 190-2070 748.48
~168~9 11/03/94 000283 FIRSTAX (IRS] 00028] MEDICARE 191-2070 17.60
416849 11/03/94 000Z8~ FIRSTAX (IRS] 000283 MEDICARE 192-2070 2t.12
416849 11/03/94 000283 FIRSTAX (IRS) 00028] MEDICARE 193-2070 64.20
416849 11/03/94 000283 FIRSTAX (IRS) 0002Rx MEDICARE 280-2070 16.02
41~:~/+9 11/03/94 000283 FIRSTAX (IRS) 00028~ MEDICARE 300-2070 22.43
416849 11/03/94 000283 FIRSTAX (IRS) 00028] MEDICARE 320-2070 58.36
416849 11/03/94 000283 FIRSTAX (IRS) 000283 MEDICARE 330-2070 24.76
416849 11/03/94 000283 FIRSTAX (IRS) 000283 MEDICARE 340-2070 64.76
20808 11/03/94 000116 A V P VISION PLANS 000116 AVP 001-2310 414.16
20808 11/03/94 000116 A V P VISION PLANS 000116 AVP 100-2310 91.18
20808 11/03/94 000116 A V P VISION PLANS 000116 AVP 165-2310 6.68
20808 11/03/94 000116 A V P VISION PLANS 000116 AVP 190-2310 62.65
20808 11/03/94 000116 A V P VISION PLANE 000116 AVP 191-2310 4.39
20808 11/03/94 000116 A V P VISION PLANS 000116 AVP 193~2310 5.36
20808 11/03/94 000116 A V P VISION PLANS 000116 AVP 280-2310 3.34
20808 11/03/94 000116 A V P VISION PLANS 000116 AVP 300-Z310 2.44
20808 11/03/94 000116 A V P VISION PLANS 000116 AVP 340-2310 16.70
20808 11/03/94 000116 A V P VISION PLANS 000116 AVP COBR 001-1180 9.75
20809 11/03/94 000558 ADVANCED MOBILECONN
20810 11/03/94 001149 AMERICAN SOCIETY OF CIV
20811 11/03/94 000101 APPLE ONE
20811 11/03/94 000101 APPLE ONE
20811 11/03/94 000101 APPLE ONE
20812 11/03/94 000474 ARBOR-PRO TREE SERVICE
20812 11/03/94 000474 ARBOR*PRO TREE SERVICE
20813 11/03/94 00132] ARROWHEAD WATER
20814 11/03/94 000128 CAL-SURANCE ASSOCIATES,
20815 11/03/94 000413 CALIFORNIA DEPT OF FISH
20816 11/03/94 001528 CALIFOGNIA DEPT OF JUST
20817 11/03/94 000135 CENTRAL CITIES SIGN SER
20817 11/03/94 000135 CENTRAL CITIES SIGN SER
20818 11/03/94 001326 CHULA VISTA, CITY OF
MOBILE COVERAGE 320-199-999-5209
MEMBERSHIP RENEWAL
001-165-999-5226
TEMP HELP W/E 10/15/94
TEMPORARY HELP W/E 10/26/94
TEMPORARY HELP W/E 10/26/94
280-199-999-5250
001-140-999-5118
280-199-999-5250
16 TREES TO BE TRIMMED
ADDITIONAL TREES TRIMMED
100-164-601-5402
100-164-601-5402
PW YARD DRINKING WATER
100-164-601-5240
ADD AUTO PHYS DAMAGE INSURANCE 300-199-999-5201
EXTENSION OF 1601 AGREEMENT 210-190-120-5804
FINGERPRINT CARD PROCESSING 001-150-999-5250
SPECIAL SIGN FOG PRJT PW94-09 100-164-602-5405
TAX 100-164-602-5405
CCPA TRAINING CONSORTZUN 001-150-999-5261
984.00
160.00
28.~.80
490.20
309.60
500.00
100.00
11.00
685.00
109.00
6/,.00
108.00
8.37
74.01
21,085.02
65
984.00
160.00
1,08~.60
600.00
11.00
685.00
109.00
64.00
116.37
74.01
20819 11/03/94 000138 CITICORP NORTH AMERICA NOV. INSTALLMENT PAYMENT 320-2800 1,214.77
20819 11/03/94 000138 CITICORP NORTH AMERICA NOV. INSTALLMENT PAYMENT 320-199-999-5391 212,80 7,57
V~ ~ CITY OF TENECULA PAGE 3
11. 15:40 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK
NUMBER
20820
20820
20820
20820
20820
20820
20820
20820
20821
20822
20823
20824
20824
20824
20824
20824
20826
20827
20827
20827
20828
20828
20828
20828
20829
20829
20829
20829
20829
20830
20830
20830
20830
20830
20830
20830
20830
20830
2C
2L
CHECK VENDOR VENDOR ITEM
DATE NUMBER NAME DESCRIPTION
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
000140 COLONIAL LIFE & ACCIDEN 000140 600 A&S
000140 COLONIAL LIFE & ACCIDEN 000140 600 A&S
000140 COLONIAL LIFE & ACCIDEN 000140 CANCER
000140 COLONIAL LIFE & ACCIDEN 000140 CANCER
000140 COLONIAL LIFE & ACCIDEN 000140 CANCER
000140 COLONIAL LIFE & ACCIDEN 000140 CANCER
000140 COLONIAL LIFE & ACClDEN 000140 CANCER
000140 COLONIAL LIFE & ACCIDEN 000140 CANCER
000447 CONTRONIX OF HEMET
000143 COPY-LINE CORPORATION
001233 DAN#S FEED & SEED, INC.
ACCOUNT
NUMBER
001-2330
190-2330
001-2~30
100-2330
190-2330
191-2330
193-2330
280-2~30
REPAIR OF TCSD BASE STATION 190-180-999-5250
4/CASE MICOH TONER FOR COPIER 330-199-999-5220
BODT ALLOWANCE FOR R. WEST 100-164-601-5243
000156 DENTICARE OF CALIFORNIA 000156 DEN-AMIN
000156 DEHTICARE OF CALIFORNIA 000156 DENT-ADV
000156 DENTICARE OF CALIFORNIA 000156 DENTICAR
000156 DENTICARE OF CALIFORNIA 000156 DEHT-REV
000156 DENTICARE OF CALIFORNIA 000156 DENTICAH
DONAHUE# ALYCE
000165 FEDERAL EXPRESS
001002 FIRST INTERSTATE BANK C
001002 FIRST INTERSTATE BANK C
001002 FIRST INTERSTATE BANK C
000170 FPJtNKLIN QUEST COMPANY
000170 FRANKLIN QUEST COMPANY
000170 FRANKLIN QUEST COMPANY
000170 FRANKLIN QUEST COMPANY
000177 GLENHIES OFFICE PRODUCT
000177 GLENHIES OFFICE PROOUCT
000177 GLENHIES OFFICE PROOUCT
000177 GLENHIES OFFICE PRODUCT
00017'7 GLENHIES OFFICE PRODUCT
000192 GLOBAL COMPUTER SUPPLIE
000192 GLOBAL COMPUTER SUPPLIE
000192 GLOBAL COMPUTER SUPPLIE
000192 GLOBAL COMPUTER SUPPLIE
000192 GLOBAL COMPUTER SUPPLIE
000192 GLOBAL COMPUTER SUPPLIE
000192 GLOBAL CORPUTER SUPPLIE
000192 GLOBAL COMPUTER BUPPLIE
000192 GLOBAL COMPUTER SUPPLIE
000192 GLOBAL COMPUTER SUPPLIE
000192 GLOBAL CORPUTER BUPPLIE
001-2~40
001-1180
001-2,~40
001-1180
001-~340
CANCELLATION OF TCSD CLASS 190-183-4982
EXPRESS MAIL SERVICE
100-164-604-52]0
5473 6664 0391 0164 - SM
547'5 6664 0391 0107 - HE
547'5 6664 0391 0107 - HE
001-100-999-5258
001-110-999-5258
001-150-999-5258
STORAGE BINDER AND SLIPCASE 001-140-999-5220
FREIGHT 001-140-999-5220
TAX 001-140-999-5220
REMAINING BALANCE-REFILL ORDER 001-120-999-5220
MISC. OFFICE SUPPLIES FY 94-95 001-140-999-5220
MIEC. OFFICE SUPPLIES 190-182-999-5220
OFFICE SUPPLIES 001-161-999-5220
OFFICE SUPPLIES 001-161-999-5220
OFFICE BUPPLZES/BLDG & SAFETY 001-162-999-5220
ANYWHERE 1.0 FOR WINDONS DISK
CALENDAR CREATOR PLUS 2.0
FAXME FAX CARTRIDGE FOR HP
FREIGHT
TAX
SONY 120M 4NM DATA CARTRIDGE
INKJET TRANSPARENCY FILM
GLOSSY PAPER
INKJET PAPER NON-GLOSSY
FREIGHT
TAX
320-199-999-5221
320-199-999-5221
320-199-999-5221
320-199-999-5221
320-199-999-5221
320-199-999-5221
320-199-999-5221
320-199-999-5221
320-199-999-5221
320-199-999-5221
320-199-999-5221
ITEM
AMOUNT
39.75
39.75
193.66
12.94
8S.64
14.35
17.53
5.18
283.86
48.49
95.00
15.00
7.~
7.~
7.~-
7.~
70.00
13.50
690.21
7.00
30.09
8.90
4.75
1.06
.39
6,87
47.21
54,17
17.66
166.40
129,95
39,95
179,85
9,43
27,60
22~,90
45,95
110,98
36,98
10,48
32,92
CHECK
AMOUNT
406.80
283.86
48.49
95.00
30.68
70.00
13.50
?27.30
15.10
292.31
8/<.7.99
VOUCHRE2 CITY OF TEMECULA r ' 4
11/03/94 15:40 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK CHECK VENDOR VENDOR
NUMBER DATE NUM8ER NAME
20831 11/03/94 000175 GOVERNMENT FINANCIAL OF
208~2 11/03/94 000364 GREEK, JUNE
208~3 11/03/94 000430
20833 11/03194 000430
20833 11/03/94 000430
208~3 11/03/94 000430
20833 11/03/94 000430
20833 11/03194 000430
208]3 11/03/94 000430
20833 11/03/94 000430
20833 11/03/94 000430
20833 11/03/94 000430
20833 11/03/94 000430
20834 11/03/94
20834 11/03/94
20835 11/03/94
20835 11/03/94
20835 11/03/94
208~5 11/03/94
20835 11/03/94
20835 11/03/94
20835 11/03/94
20835 11/03/94
20835 11/03/94
20836 11/03/94
20837 11/03/94
20838 11/03/94
20838 11/03/94
20839 11/03/94
20840 11/03/94
20840 11/03/94
20841 11/03/94
20842 11/03/94
20843 '11/03/94
20844 11/03/94
208/,5 11/03/94
208/+5 11/03/94
GROUP AMERICA VOLUNTA
GROUP AMERICA VQLUNTA
GROUP AMERICA VOLUNTA
GROUP AMERICA VOLUNTA
GROUP AMERICA VOLUNTA
GROUP AMERICA VOLUNTA
GROUP AMERICA VOLUNTA
GROUP AMERICA VOLUNTA
GROUP AMERICA VQLUNTA
GROUP AMERICA VOLUNTA
GROUP AHERICA VOLUNTA
001641 HENNESSY, LENORA
0016/+1 HENNESSY, LENORA
ITEH
DESCRIPTION
FINANCE OFFICER RECRUIT AD
LEAGUE OF CITIES CONFER. REIMD
000430 VL ADVAN
000430 VOL LIFE
000430 VOL LIFE
000430 VOL LIFE
000430 VOL LIFE
000430 VOL LIFE
000430 VL REVER
000430 VOL LIFE
000430 VOL LIFE
000/,30 VOL LIFE
000/+30 VOL LIFE
BROCHURE FOR HOLIDAY LIGHTS
PHOTOGRAPHY FOR SISTER CITIES
000194 I C M A RETIREMENT TRUS 000194 DEF CO!4P
000194 I C M A RETIREMENT TRUS 000194 DEF COHP
000194 I C M A RETIREMENT TRUS 000194 OEF COMP
000194 I C M A RETIREMENT TRUS 000194 DEF COMP
000194 [ C M A RETIREMENT TRUS 000194 DEF CONP
000194 I C M A RETIREMENT TRUS 000194 DEF COMP
000194 I C M A RETIREMENT TRUS 000194 DEF COMP
000194 I C M A RETIREMENT TRUS 000194 DEF COMP
000194 I C M A RETIREMENT TRUS 000194 DEF COMP
KING-CLIBY, KIRSTEN
SECURITY DEPOSIT REFUND
001282 KNORR POOL SYSTEMS, INC MATT ~IECHEC CERT. POOL OPER
001123 KNOX INDUSTRIAL SUPPLIE TOOLS FOR BASIN CLEANING
00112~ KNOX INDUSTRIAL SUPPLIE TAX
LONAX, SEAN
MAURICE PRINTERS, INC.
MAUR1CE PRINTERS, INC.
000220
000220
001007
000239
001619
001243
000246
000246
N P G CORP.
OLSTEN TEMPORARY SERVIC
ORANGE COUNTY REGISTER
PALMQUIST, MARy
OPENING ACT FOR PARADE
50 DINNER INVITATIONS/ENVEL
TAX
CITYWIDE ST PATCH WORK
TEMP HELP t4/E 10-16-94
RECRUIT AD FOR MAIN ST DIRECTO
PMT FOR TCSD INSTRUCTOR
PERS (EMPLOYEES# RETIRE 000246 PER REDE
PERS (EMPLOYEESI RETIRE 000246 PERS RET
ACCOUNT
NUMBER
001-150-999'5254
001'120-999'5258
001'2510
001-2510
100-2510
190-2510
192-2510
340-2510
001'2510
001-2510
100-2510
190-2510
340-2510
190-183-999-5370
001-100-999-5258
001-2080
100-2080
190-2080
191-2080
192-2080
193-2080
280-2080
300-2080
340-2080
190-2900
190-180-999-5261
100-164-601-5242
100-164-601-5242
190-183-999-5370
001-100-999-5260
001-100-999-5260
100-164-601-5402
001-162-999-5118
001-150-999-5254
190-183-999-5330
001-2130
001-2390
ITEM
AMOUNT
30.00
8.00
188.25
138.92
15.78
29.69
3.45
.41
207.75-
161.86
15.79
29,69
.41
82.00
141.29
1,474.12
248.62
510.10
74.52
75.00
91.09
29.98
37.49
22.50
100.00
65.00
80.20
6.22
90.00
~,00
4.88
936.00
468.00
214.52
288.80
43.06
11,769.64
CHECK
AMOUNT
30.00
8.00
376.50
22~. 29
2,563.42
100.00
65.00
86.42
90.00
67.88
936.00
468.00
214.52
28~.80
VG' CiTY OF TEMECULA PAGE 5
11, 15:40 VOUCHER/CHECK REGISTER
FOR ALL PERIOOS
VOUCHER/
CHECK
NUMBER
20845
20845
20~45
20845
20845
20~45
20845
20845
20845
20845
20845
20845
20845
20845
20845
20845
20845
20845
20845
20845
20~,,~
20846
20846
20846
20846
20846
Z0846
20846
20846
20846
20846
20846
20846
20846
20846
20846
20846
20846
20846
20846
20846
208z~6
20846
20846
20846
20846_
20'
ZO
CHECK
DATE
11103/94
11/03/94
11/03/9&
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
'1/03/94
1/03/94
VENDOR VENDOR iTEM ACCOUNT iTEM CHECK
NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
000246
000246
000246
000246
000246
000246
000246
000246
000246
000246
000246
000246
000246
000246
000246
000246
000246
000246
000246
000246
000246
000246
000246
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
PERS
(EMPLOYEES' RETIRE 000246 PERS RET
EMPLOYEES' RETIRE 000246 PERS RET
EMPLOYEES~ RETIRE 000246 PERS RET
EMPLOYEES' RETIRE 000246 PERS RET
EMPLOYEESI RETIRE 000246 PERS RET
EMPLOYEES' RETIRE 000246 PERS RET
EMPLOYEES' RETIRE 000246 PERS RET
EMPLOYEES' RETIRE 000246 PERS RET
(EMPLOYEES' RETIRE 000246 PERS RET
(EMPLOYEES' RETIRE 000246 PERS RET
(EMPLOYEES' RETIRE 000246 PERS RET
(EMPLOYEESI RETIRE 000246 SURVIVOR
(EMPLOYEES' RETIRE 000246 SURVIVOR
(EMPLOYEESI RETIRE 000246 SURVIVOR
(EMPLOYEES' RETIRE 000246 SURVIVOR
(EMPLOYEES' RETIRE 000246 SURVIVOR
(EMPLOYEES' RETIRE 000246 SURVIVOR
(EMPLOYEES' RETIRE 000246 SURVIVOR
(EMPLOYEES' RETIRE 000246 SURVIVOR
(EMPLOYEES' RETIRE 000246 SURVIVOR
(EMPLOYEES' RETIRE 000246 SURVIVOR
(EMPLOYEES' RETIRE 000246 SURVIVOR
(EMPLOYEES' RETIRE 000246 SURVIVOR
~EALTH INSUR. PRE 000245 AETNA SO
~EALTH INSUR. PRE 000245 AETNA SO
~EALTH INSUR. PRE 000245 BLSHIELD
~EALTH iNSUR, PRE 000245 CIGNA
~EALTH INSUR. PRE 000245 CIGNA
HEALTH iNSUR, PRE 000245 CIGNA
HEALTH ZNSUR. PRE 000245 CIGNA
HEALTH INSUR, PRE 000245 HELTHNET
HEALTH INSUR, PRE 000245 HELTHNET
HEALTH iNSUR. PRE 000245 HELTHNET
HEALTH XNSUR. PRE 000245 HELTRHET
HEALTH XNSUR, PRE 000245 HELTHNET
HEALTH XNSUR. PRE 000245 HELTHNET
HEALTH INSUR. PRE 000245 HELTHNET
HEALTH INSUR. PRE 000245 HELTHNET
HEALTH INSUR. PRE 000245 KAISERSO
HEALTH INSUR. PRE 000245 KAISERSO
HEALTH INSUR. PRE 000245 KAISERSO
HEALTH [NSUR. PRE 000245 KAiSERSO
HEALTH [NSUR. PRE 000245 PACIFICR
HEALTH iNSUR. PRE 000245 PACiF[CR
HEALTH [NSUR. PRE 000245 PAC[F[CR
HEALTH INSUR. PRE 000245 PACiF[CR
HEALTH [NSUR. PRE 000245 PC
HEALTH iNSUR. PRE 000245 PERS CHO
HEALTH iNSUR. PRE 000245 PERS CHO
HEALTH INSUR. PRE 000245 PERS CHO
100-2390
165-2390
190-2390
191-2390
192-2390
193-2390
280-2390
300-2390
320-2390
330-2390
340-2390
001-2390
100-Z390
165-2390
190-2390
191-2390
192-2390
193-2390
280-Z390
300-2390
320-2390
330-2390
340-2390
001'2090
I00-2090
001-2090
001-2090
100-2090
193-2090
300-2090
001-2090
100-2090
165-2090
190-2090
191-2090
193-2090
330-2090
340'2090
001-2090
100-2090
190-2090
340-2090
001'Z090
100-2090
190-2090
192-2090
001-2090
001-2090
190-2090
280-2090
2,262.72
108.84
2,719.67
87.47
99.78
316.46
61.17
106.84
268.21
121.11
301.05
53.78
10.78
.37
13.33
.42
.93
1.44
.19
.46
.93
.93
2.00
1,164.67
39.81
688.17
857.37
176.06
306.20
38.27
4,089.64
978.61
163.67
1,801.12
143.53
175,43
318.96
413.44
810.66
347.42
857.13
63.68
1,055.23
410.10
7"~3.20
160.79
521.82
1,620.60
10.37
3.11
18,351.58
VOUCHRE2 CITY OF TEMECULA ' 6
11/03/94 15:40 VOUCHER/CHECK REGISTER
FOR ALL PERZOOS
VOUCHER/
CHECX CHECX
NUMBER DATE
20~6 11/03/94
208/,6 11/03/94
20B46 11/03/94
20846 11/03/94
208/,6 11/03/94
20846 11/03/94
20846 11/03/94
20846 11/03/94
20846 11/03/94
20846 11103194
20846 11/03/94
208/,6 11/03/94
20846 11/03/94
20846 11/03/94
20846 11/03/94
20B46 11/03/94
20846 11/03/94
20846 11/03/94
20846 11/03/94
208/,6 11/03/94
20846 11/03/94
208/,6 11/03/94
20846 11/03/94
VENDOR VENDOR
NUMBER NAME
000245 PERS HEALTH INSUR. PRE
000245 PENS ~EALTH INBUR. PRE
000245 PERS ~EALTH INSUR. PRE
000245 PERS :HEALTH INSUR, PRE
000245 PERS HEALTH INSUR. PRE
000245 PERS 4EALTH INSUR. PRE
000245 PERS :HEALTH INSUR. PRE
000245 PERS HEALTH INSUR. PRE
000245 PERS HEALTH INSUR. PRE
000245 PERS HEALTH INSUR. PRE
000245 PERS HEALTH INBUR. PRE
000245 PERS HEALTH IMSUR. PRE
000245 PERS HEALTH INSUR. PRE
000245 PERS HEALTH INSUR. PRE
000245 PERS HEALTH INSUR. PRE
000245 PERS HEALTH INSUR. PRE
000245 PERS HEALTH INSUR. PRE
000245 PERS HEALTH INSUR, PRE
000245 PERS HEALTH INSUR, PRE
000245 PERS HEALTH INSUR. PRE
000245 PENS HEALTH INSUR, PRE
000245 PERS HEALTH INSUR, PNE
000245 PENS HEALTH ]NSUR, PRE
ITEM
DESCRIPTION
000245 PERS DED
000245 PERS-ADM
000245 TAKECARE
000245 TAKECARE
000245 TAKECARE
000245 TArECARE
000245 AETNA SO
000245 8LSH[ELD
000245 NELTHNET
000245 NELTHNET
000245 HELTHNET
000245 HELTHMET
000245 HELTNNET
000245 KAISERSO
000245 KAISERSO
000245 PACIFICR
000245 PACIFICR
000245 PC
000245 PERS CHO
000245 PERS REV
000245 TAXECARE
000245 TAXECARE
000245 TAKECARE
208/,7 11/03/94 000248 PETROLANE FUEL EXPENSE
20848 11/03/94 000249 PETTY CASH PETTY CASH REIMB,
20848 11/03/94 000249 PETTY CASH PETTY CASH REINS,
20848 11/03/94 000249 PETTY CASH PETTY CASH REINS,
20848 11/03/94 000249 PETTY CASH PETTY CASH REIMB.
208~8 11/03/94 000249 PETTY CASH PETTY CASH REINS,
20848 11/03/94 000249 PETTY CASH PETTY CASH REINS.
20848 11/03/94 000249 PETTY CASH PETTY CASH REINS,
208~8 11/03/94 000249 PETTY CASH PETTY CASH REIMB.
20848 11/03/94 000249 PETTY CASH PETTY CASH REINS,
20848 11/03/94 000249 PETTY CASH PETTY CASH REIMB,
20848 11/03/94 000249 PETTY CASH PETTY CASH REINS,
208~8 11/03/94 000249 PETTY CASH PETTY CASH REINS.
20848 11/03/94 000249 PETTY CASH PETTY CASH REINS,
208~9 11/03/94 000253 PQSTHASTER EXPRESS MAIL SERVICE
20849 11/03/94 000253 POSTMASTER EXPRESS MAIL SERVICE
208/+9 11/03/94 000253 POSTRASTER EXPRESS MAIL SERVICE
208/+9 11/03/94 000253 POSTMASTER EXPRESS HAIL SERVICE
20850 11/03/94 000254 PRESS-ENTERPRISE CONPAN
SUBSCRIPTION 11/94-2/95
20851 11/03/94 001537 PRINCIPAL MUTUAL LIFE 001537 DENT ADV
20851 11/03/94 001537 PRINCIPAL MUTUAL LIFE 001537 DENTALPM
20851 11/03/94 001537 PRINCIPAL MUTUAL LIFE 001537 DENTALPN
20851 11/03/94 001537 PRINCIPAL MUTUAL LIFE 001537 DENTALPM
ACCOUNT
NUMBER
001-2090
001-2090
001-2090
lp0-2090
280-2090
300-2090
001-2090
001-2090
001-2090
100-2090
165-2090
190-2090
3/,0-2090
190-2090
340-2090
001-2090
100-2090
001-2090
001-2090
001-2090
001-2090
100-2090
280-2090
001-162-~99-5263
190-181-999-5301
001-165-999-5250
100-164-604-5261
190-180-~99-5260
190-180-9~9-5220
001-140-999-5220
001-140-~-5258
001-150-999-5260
001-140-999-5260
100-164-601-5258
001-110-999-5260
001-161-999-5260
100-164-601-5260
100-16~,-604-5230
001-161-999-5230
001-120-~99-5230
001-110-999-5230
190-180-999-5228
001-1180
001-2340
100-2340
165-2340
ITEM
AMOUNT
565.04
102.98
1,416.10
841.02
7~.97
40.76
101.31
52.02
184,44
3.80
2.19
16.97
1.22
46.99
8.29
12.41
7.96
112.19
31.92
616.72-
2~ ,45
6.74
4.82
240.25
59.36
11.82,
2~.02
25.00
4.31
28.20
17.51
9.00
30.00
8.51
21.87
6,95
15.00
2~.90
27.90
75.75
13.95
23.92
48.78
1,241.92
295.42
17.16
2L
CHECK
AHOUNT
.93
240.25
260.57
139.50
23.92
VOU' CITY OF TEMECULA
11/ 15:40 VOUCHER/CHECK REGISTER
FOR ALL pERIOOS
PAGE 7
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER
ITEM
AMOUNT
CHECK
AMOUNT
20851 11/03/94 001537 PRINCIPAL MUTUAL LIFE 001537 DENTALPN 190-2340 197,69
20851 11/05/94 001537 PRINCIPAL MUTUAL LIFE 001537 DENTALPM t91-2,',',',',',',',',X~0 7.32
20851 11/03/94 001537 PRINCIPAL MUTUAL LIFE 001537 DENTALPN 192-2340 42.90
20851 11/03/94 001537 PRINCIPAL MUTUAL LIFE 001537 DENTALPN 193-2340 8.94
20851 11/03/94 001537 PRINCIPAL MUTUAL LIFE 001537 DENTALPN 280-2340 8.58
20851 11/03/94 001537 pRINCIPAL MUTUAL LIFE 001537 DENTALPN 300-2340 10.72
20851 11/03/94 001537 PRINCIPAL MUTUAL LIFE 001537 OENTALPM 330-2340 42.90
20851 11/03/94 001537 PRINCIPAL MUTUAL LIFE 001537 OENTALPM 340-Z340 49.35
20852 11/03/94 000546 RADIO SHACK/BUTTERFIELD
MISC COMPUTER SUPPLIES
320-199-999-5221
115.68
1,971.66
115.68
20853 11/03/94 000947 RANCHO BELL BLUEPRINT C BLUEPRINT REPROOUCTION
20853 11/03/94 000947 RANCHO BELL BLUEPRINT C COPIES OF BLUEPRINTS
210-165-641-5802
001-161-999-5224
157.10
35.02
192.12
20854 11/03/94 000262 RANCHO CALIFORNIA WATER 02-79-10100-19/1-10/4/94 190-180-999-5240
131.40
131.40
20855 11/03/94 RHOOES, DEBRA
CANCELLATION OF TCSD CLASS 190-183'4982
28.00
28.00
20856 11/03/94 000353 RIVERSIDE CO. AL~)ITOR PRXING CITATION FOR OCT. 94 001-2260
20856 11/03/94 000353 RIVERSlOE CO. AUDITOR PRXING CITATION FOR OCT. 94 001-2265
220.00
50.00
270.00
2 11/03/94 001169 RIVERSIDE CO. CLERK OF FILING FEES FOR NOTARY
001-120-999-5226
60.00
60.00
20858 11/03/94 000678 RIVERSIDE CO. HEALTH SE SERVICES FOR JULY TO SEPT 94 001-172-999-5255
75.00
75.00
20859 11/03/94 000873 RQBERTS, RONALD H. PARKING FOR CONFERENCE
001-100-999-5258
12.00
12.00
20860 11/03/94 RUDTEN, BERNRD
CANCELLATION OF TCSD CLASS 190-18~-4982
]6.00
36.00
20861 11/03/94 000Z77 S & S ARTS AND CRAFTS FIGURINES FOR HALLO~4EEN
190-180-999-5301
12.74
12.74
20862 11/03/94 000499 S C C C A
ASSOCIATION MEETING 11/17/94 001-120-999-5258
50.00
50.00
20863 11/03/94 000704 S K S, iNC/INLAND OIL FUEL EXPENSE 9/30-10/13/94 100-164-601-5263
20863 11/03/94 000704 S K S, INC/INLAND OIL FUEL EXPENSE 9/30-10/13/94 001-165-999-5263
20863 11/03/94 000704 s K S, INC/INLAND OIL FUEL EXPENSE 9/30-10/13/94 001-163-999-5263
20863 11/03/94 000704 S X S, INC/INLAND OIL FUEL EXPENSE 9/30-10/13/94 190-180-999-5263
20863 11/03/94 000704 S K S, INC/INLAND OIL FUEL EXPENSE 9/30-10/13/94 001-110-999-5263
20863 11/03/94 000704 S K S, INC/INLAND OiL FUEL EXPENSE 9/30-10/13/94 001-162-999-5263
358.90
53.23
109.63
130.29
45.47
24.77
722.29
2086~ 11/03/94 000278 SAN DIEGO UNION TRIBUNE CLASSIFIED AD FOR EDC
001-150-999-5254
187.00
187.00
20865 11/03/94 SIDOTI, BELINDA
CANCELLATION OF TCSD CLASS 190-183-4982
36.00
36.00
20866 11/03/94 000405 SMITH, PHILLIP
MEMBERSHIP RENEWAL REIMBURSE 001-162'999'5226
180.00
180,00
20867 11/03/94 000374 SOUTHERN CALIF EDISON
20867 11/03/94 000374 SOUTHERN CALIF EDISON
66-77-795-0002-01 9/21-10/20
66-77-795-8082-01 9/21-10/20
191-180-999-5319
190-181-999-5240
85.99
956.86
1,042.85
20F 1/03/94 000537 SOUTHERN CALIF EDISON - 00-00-700-9657-01 9/26-10/26 340-199-999-5240 2,928.82
20L 1/03/94 000537 SOUTHERN CALIF EDISON - 00-00-700-9659-01 9/26-10/26 193-180-999-5240 553.80
VQUCHRE2 CITY OF TENECULA ' '= 8
11/03/94 15:40 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER
20868 11/03/94 000537 SOUTHERN CALIF EDISON - 00-00-700-9656-01 9/26-10/26 191-180-999-5240
20868 11/03/94 000537 SOUTHERN CALIF EDISON - 00-00-700-9656-01 9/26-10/26 191-180-999-5319
20868 11/03/94 000537 SOUTHERN CALIF EOISON - 00-00-700-9658-01 9/26-10/26 190-180-999-5240
208~9 11/03/94 001212 SOUTHERN CALIF GAS CUMP 17-8274-036-1451-19/22-10/21 190-181-999-5240
20870 11/03/94 000375 SOUTHERN CALIF TELEPHON 909 202-5153 GY
001-150-999-5208
20871 11/03/94 000282 SOUTHERN CALIF, NUNXCXP YRLY MEMBERSHIP DUES FOR 1995 190-180-999-5226
20872 11/03/94 000291 SPEE DEE OIL CHANGE & T NAINT FOR B & S VEHICLES
20872 11/03/94 000291 SPEE OEE OIL CHANGE & T MAINT FOR B & S VEHICLES
001-162-999-5214
001-162-999-5214
208?3 11/03/94 000293 STADIUM PIZZA UNITED MAY LUNCH 001-150-999-5265
20874 11/05/94 000303 SYSTEM 2/90 NAMEPLATE FOR M. MIECHEC 190-180-999-5220
20874 11/03/94 000303 SYSTEM 2/90 NAMEPLATE FOR K),TY LEE 001-163-999-5220
20874 11/03/94 000303 SYSTEM 2/90 NAMEPLATE FOR J. MEYER 001-t61-999-5220
20874 11/03/94 000303 SYSTEM 2/90 FREIGHT 190-180-999-5220
20874 11/03/94 000303 SYSTEM 2/90 FREIGHT 001-163-999-5220
20874 11/03/94 000303 SYSTEM 2/90 FREIGHT 001-161-999-5220
20874 11/03/94 000303 SYSTEM 2/90 TAX 190-180-999-5220
20874 11/03/94 000303 SYSTEM 2/90 TAX 001-163~999-5220
20874 11/03/94 000303 SYSTEM 2/90 TAX 001-161-999-5220
20875 11/03/94 TARGET BIKE SAFETY 001-2270
20876 11/03/94 000305 TARGET STORE RECREATION SUPPLIES 190-180-999-5301
ITEM
AMOUNT
384.95
3,690.82
4,092.38
18.43
99.02
105,00
20.89
31.76
200.00
21.60
21.60
61.20
1.00
1.00
2.00
1.66
1.66
4.77
503.93
55.99
2087'/ 11/03/94 001547 TEAMSTERS LOCAL 911 001547 UN DUES 001-2125 476.37
20877 11/03/94 001547 TEAMSTERS LOCAL 911 001547 UN DUES 100-2125 55.51
20877 11/03/94 001547 TEAMSTERS LOCAL 911 001547 UN DUES 165-2125 7.40
20877 11/03/94 001547 TEAMSTERS LOCAL 911 001547 UN DUES 190-2125 85.10
20877 11/03/94 001547 TEAMSTERS LOCAL 911 001547 UM DUES 191-2125 8.32
20877 11/03/94 001547 TEAMSTERS LOCAL 911 001547 UN DUES 193-2125 28.68
20877 11/03/94 001547 TEAMSTERS LOCAL 911 001547 UN DUES 300-2125 4.62
20877 11/03/94 001547 TEAMSTERS LOCAL 911 001547 UN DUES 320-2125 18.50
20878 11/03/94 000168 TEMECULA FLO~JER CORRAL SYMPATHY * MARKEY FAMILY
20878 11/03/94 000168 TEMECULA FLOtJER CORRAL SYMPATHY - COUCH FAMILY
001-100-999-5250
001-100-999-5250
20879 11/03/94 000307 TEMECULA TROPHY CO. TROPHIES FOR TEEN TOURNAMENT 190-182-999-5301
20880 11/03/94 000515 TEMECULA VALLEY CHAMBER LICENSE REIMB. FOR 11/9 CONFER 001o100-999-5258
20881 '11/03/94 000642 TEMECULA, CITY OF - FLE FEX BENEFIT REIMB. P/R 11/3/94 001-1020
20881 11/03/94 000642 TEMEOULA, CITY OF - FLE FEX BENEFIT REINS. P/R 11/3/94 190-1020
20881 11/03/94 000642 TEMECULA, CITY OF - FLE FEX BENEFIT REIMB. P/R 11/3/94 100-1020
20881 11/03/94 0006/,2 TEMECULA, CITY OF - FLE FEX BENEFIT REIMB. P/R 11/3/94 300-1020
20881 11/03/94 000642 TEMECULA, CITY OF - FLE FEX BENEFIT REIMB. P/R 11/3/94 330-1020
57.65
60.34
19.40
25.00
3,394.41
297.98
30.25
12.50
11.11
CHECK
AMOUNT
11,650.77
18.43
99.02
105.00
52.65
200.00
116.49
503.93
55.99
684.50
117.99
19.40
25.00
'6.25
VOUr, CITY OF TEMECULA PAGE 9
11/ 15:40 VCXJCHER/CBECK REGISTER
FOR ALL PERIOOS
VOUCHER/
CHECK
NUMBER
20882
20882
20882
20883
20883
20883
20883
20883
20883
2088;
20884
2088z+
20885
20885
20885
20885
208~,
2'
20887
CHECK VENDOR VENDOR [TEN
DATE NUMBER NAME DESCRIPTION
11/03194
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03~94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
11/03/94
000320 TOWHE CENTER STATIONERS
000320 TOI4NE CENTER STATIONERS
000320 TOWNE CENTER STATIONERS
OFFICE SUPPLIES COI4M SERVICES
OFFICE SUPPLIES FOR PW
OFFICE SUPPLIES FOR PW
001065 U S C M/PEBSCO (DEF. C 001065 DEF CONP
001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP
001065 U S C N/PEBSCO (DEF. C 001065 DEF CONP
001065 U S C N/PEBSCO (DEF. C 001065 DEF CONP
001065 U S C M/PEBSCO (DEF. C 001065 DEF CONP
001065 U S C M/PEBSCO (DEF. C 001065 DEF CONP
000389 U S C M/PEBSCO (OBRA] 000389 PT RET[R
000389 U S C N/PEBSCO (OBRA) 000389 PT RET[R
000389 U S C M/PEBSCO (OERA) 000389 PT RET[R
000325 UNITED WAY OF THE INLAN 000325 UW
000325 UNITED WAY OF THE INLAN 000325 UW
000325 UNITED WAY QF THE INLAN 000325 UW
000325 UNITED WAY OF THE INLAN 000325 tJW
000326 UNITOG RENTAL SERVICE
000326 UNITOG RENTAL SERVICE
000379 W DEAN DAVIDSON CO.
UNIFORMS FOR PW
UNIFORMS MAINT FOR PW
ARCHITECT-KENT HINDERGARDT PX
20888 11/03/94 WELLS FARGO BIKE SAFETY
WOLFF, MIKE
XEROX CORPORATION BILLI
ZIGLER, GAIL
20889
20890
20891
11/03/94
11/03/94
11/03/94
001318
000345
000348
ANNUAL BOOT ALLOWANCE
XEROX COPIER MNTLY LEASE
REFRESHMENTS - MEETING AT CRC
ACCOUNT
NUMBER
190-180-~99-5220
100-164-604-5220
100-164-604-5220
001-2080
100-2080
190-2080
300-2080
320-2080
340-2080
001-2160
100-2160
190-2160
001-2120
100-2120
190-2120
280-2120
100-164-601-5243
100-164-601-5243
210-190-136-5802
001-2270
001-1990
330-199-999-5239
190-180-999-5260
ITEM
AMCXJNT
171.00
79.54
17.72
2,448.88
188.45
271.50
5.00
312.50
50.00
299.86
132.92
421.26
63.85
10.05
17.00
.60
23.00
23.00
360.00
125.00
78.12
2,986.12
50.00
CHECK
AMOUNT
268.26
3,276.33
854.04
91.50
46.00
360.00
125.00
78.12
2,986.12
50.00
TOTAL CHECKS 134,~7.76
VOUCHRE2 CITY OF TEMECULA n~F ~
11/0~/94 16:14 VOUCHER/CHECK REGISTER
FOR ALL PERIOOS
FUND TITLE
001 GENERAL FUND
100 GAS TAX FUND
165 RDA DEV- LOtJ/MOD SET ASIDE
190 CONNUNITY SERVICES DISTR|CT
191 TCSD SERVICE LEVEL A
193 TCSD SERVICE LEVEL C
210 CAPITAL IMPROVEMENT PROJ FUND
ZSO CAPITAL PROJECTS ° TCSD
280 REDEVELOPMENT AGENCY - CIP
300 INSURANCE FUND
INFORNATiON SYSTEMS
330 SUPPORT SERVICES
TOTAL
AHOUNT
342,393.72
14,948.15
4,560.85
32,445.75
474.97
17,381.26
171,273.05
7,869,88
15,178.80
3,960.24
2,255.15
1,986,05
614,727.87
V~ CITY OF TEMECULA
11/~ 16:14 VOUCHER/CHECK REGISTER
FOR ALL PERI[X)S
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM
NUMBER DATE NUMBER N~J4E DESCRIPTION
20895 11/15/94 000104 ABSOLUTE ASPHALT, INC. 224 BAGS OF ASPHALT
Z0895 11/15/94 000104 ABSOLUTE ASPHALT, INC. FREIGHT
20895 11/15/94 000104 ABSOLUTE ASPHALT, INC. TAX
20896 11/15/94 001344 AHER[CAN CONTRACTING, I
20896 11/15/94 001344 AMERIC..AN COMTRACTING,
20896 11/15/94 001344 AMERICAN CONTRACTING,
20896 11/15/94 001344 AMERICAN CONTRACTING, I
20897 11/15/94 000101 APPLE ONE
20897 11/15/94 000101 APPLE ONE
20898 11/15/94 000123 BURKE WILLZAMS & SORENS
20898 11/15/94 000123 BURKE WILLIAMS & SORENS
20890 11/15/94 0001~ BURKE WILLIAMS & SOREBS
20898 11/15/94 000123 BURKE WILLIAMS & SORENS
20898 11/15/94 000123 BURKE WILLIAMS & SORENS
20898 11/15/94 000123 BURKE ~ILLIAMS & SORENS
20890 11/15/94 00012] BURKE WILLIAMS & SORENS
SPORTS PARK SLOPE REPAIR
PRK SLOPE REPAIRS/RIP PAP
10% RETENTIOM INV. 253-15
10% RETENTION INV 253-16
TEMPORARY HELP W/E 10/12/94
TEMPOP.~RY HELP W/E 10/12/94
PROF. SERVICES FOR SEPT 94
PROF SERVICES FOR SEPT 94
PROF. SERVICES FOR SEPT. 94
PROF. SERVICES FOR SEPT. 94
PROF. SERVICES FOR SEPT. 94
PROF. SERVICES FOR SEPT. 94
PROF. SERVICES FOR SEPT 94
20 '1/15/94 001178 G M S BUSXNESS FORMS, I 10,000 SELF MAILERS-BUSINESS
2L ,1/15/94 001178 C M S BUSINESS FORMS, I FREIGHT
2089Y 11/15/94 001178 C M S BUSINESS FORMS, I T~X
20900 11/15/94 000126 CALIFORNIA LANDSCAPE MA
20900 11/15/94 000126 CALIFORNIA LANDSCAPE HA
20900 11/15/94 000126 CALIFORNIA LANDSCAPE HA
20900 tl/15/94 000126 CALIFORNIA LANDSCAPE MA
20901 11/15/94 000146 COUNTS UNLIMITED
20902 11/15/94 000979 DEL RIO ENTERPRISE
20903 11/15/94 001544 E L YEAGER CONSTRUCTION
LANDSCAPE NL~INT FOR OCT AT CRC
OCT LANDSCAPE MAINT FOR MEDIAN
OCT LANDSCAPE MAINT FOR PARKS
OCT LANDSCAPE MAINT FOR SR CNT
TRAFFIC CENSUS PROGP.~M FY94-95
VALLEJO CHANNEL REPAIRS
ACCOUNT
NUMBER
100-164-601-5218
100-164-601-5218
100-164-601-5218
210-166-64B-5804
210-166-62.8-5804
210-2035
210-2035
001-140-999-5118
190-180-999-5118
001-130-qo9-5246
001-130-999-5246
001-130-999-5246
001-1280
300-199-999-5207
190-180-999-5246
280-199-999-5246
001-140-999-5222
001-140-999-5222
001-140-999-5222
190-182-999-5415
191-180-999-5415
190-180-999-5415
190-181-999-5415
100-164-602-5406
RELEASE OF RETENTION Pk93-12 210-2035
ITEM
AMOUNT
1,556.80
50.00
120.65
4,994.00
3,565.20
499.40-
356.52-
516.00
722.40
3,150.00
5,051.58
12,895.10
1,102.85
1,508.04
1,401.00
2,618.19
1,369.00
47.12
95.83
1,619.00
474.97
12,471.36
175.00
3,385.00
2,375.00
4,385.51
PAGE I
CHECK
AMOUNT
1 , 727.45
7,703.28
1,238.40
27,726.76
1,511.95
14,740.33
3,385.00
2,375.00
4,385.51
20904 11/15/94 001380 E S I EMPLOYMENT SERVIC CONTRACT INSPECTOR 001-162-999-5250 4,874.39
20904 11/15/94 001380 E S I EMPLOYMENT SERVIC NO BACKUP FOR REIMB. 001-162-999-5250 155.39- 4,719.00
VOUCHRE2 CITY OF TEMECULA D~CE 2
11/03/94 16:14 VOUCHER/CHECK REGISTER
FOR ALL PERi°DS
VOUCHER/
CHECK
NUMBER
Z0905
20905
20906
20906
20906
20906
20906
20906
20907
20907
20908
20908
20908
20908
20908
20908
20908
20909
20909
20910
20910
20910
20911
20911
20912
20913
20914
20914
20915
20915
20916
20916
20917
20917
20918
20918
CHECK VENDOR VENDOR
DATE NUMBER NAME
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
11/15/94
001056 EXCEL LANDSCAPE
001056 EXCEL LANDSCAPE
000481 GEOTECHNICAL & ENVIRONN
000481 GEOTECHN1CAL & ENVIRONM
000481 GEOTECHNICAL & ENVIRONM
000481 GEOTECHNICAL & ENVIRONM
000~81 GEOTECHNICAL & ENVIRONN
000481 GEOTECHNICAL & ENVIRQNN
000177 GLENHIES OFFICE PRODUCT
000177 GLENHIES OFFICE PRODUCT
000178 GOLDEN STATE TRADING CO
000178 GOLDEN STATE TRADING CO
000178 GOLDEN STATE TRADING CO
000178 GOLDEN STATE TRADING CO
000178 GOLDEN STATE TRADING CO
000178 GOLDEN STATE TRADING CO
000178 GOLDEN STATE TRADING CO
001013 HINDERLITER de LLAMAS A
001013 HINDERLITER de LLAMAS A
ITEM ACCOUNT ITEM
DESCRIPTION NUMBER AMOUNT
OCT LANDSCAPE MAINT FOR SLOPES 193-180-999-5415
OCT LANDSCAPE MAINT FOR SPT PR 190-180-999-5415
SENIOR TECHNICIAN-SEPT 94
SEN. TECH &MAX DENSITY 9/94
FIELD DIR/SENIOR TECH 9/94
FIELD OIR/SENIOR TECH 9/94
TECHNICIAN II * 9/94
PROF. SERVICE FOR SEPT. 94
210-190-120-5802
210-190-120-5802
210-190-120-5802
210-190-120-5802
210-190-120-5802
210-190-136-5804
CHECK SIGNATURE MACHINE
TAX
001-140-999-5610
001-140-999-5610
MICROSOFT BUS MOUSE OEM
NOTHERBORRD REPLACEMENT
IDE HARD DRIVE 420
FREIGHT
FREIGHT
TAX
TAX
320-199-999-5221
320-199-999-5215
320-199-999-5Z15
320-199-999-5221
320-199-999-5215
320-199-999-5221
320-199-999-5215
SALES TAX ANALYSIS FY 94-95 001-140-999-5248
SALES TAX FINDERS FEE FY 94-95 001-140-999-5248
17,381.26
6,877.81
47.00
217.50
509.50
298.00
164.50
654.50
1,780.00
137.95
315.00
285.00
380.00
4.82
10.18
24.41
51.54
900.00
208.48
001429 INACOH INFORMATION SYST SYNOPTICS EXPANSION CHASSIS 320-1970 1,096.00
001429 INACOH INFORMATION SYST FREIGHT 520-1970 8.74
001429 INACOM INFORMATION SYST TAX 320-1970 79.46
000202 J F DAVIDSON ASSOCIATES
000202 J F DAVIDSON ASSOCIATES
001349 KANE, BALLMER & BERI(HAN
001513 LIBERTY AUTO CENTER
DESIGN SERVICES FOR RANCHO CAL 210-190-137-5802
AMENDMENT #2 DESIGN SPT PRK 210-190-137-5802
PROF. SERVICES FOR SEPT 94 280-199-999-5246
REPAIR OF TCSD TRUCK
300-199-999-5207
ADULT VOLLEYSALL OFFICIALS 190-183-999-5380
ADULT SOFTBALL GAME OFFICIALS 190-183-999-5380
CONTRACT-LONA LINDA PARK PH II 210-190-134-5804
RETENTION ON INV.#3 SEPT94 210-2035
PALA PARK GENERAL CONTRACTOR 210-190-120-5804
RETENTION FOR INV. 2924 210-2035
RESTORATION OF MARGARITA CHANN 100-164-601-5401
GRADING TO DIRT ACCESS SPT PRK 190-180-999-5212
SURVEYING SERVICES FOR SEPT 94 210-199-128-5802
SURVEY & PHOTOGRANNETRY 210-190-626-5802
000217 MARGARITA OFFICIALS ASS
000217 MARGARITA OFFICIALS ASS
001501 MARINA CONTRACTORS, INC
001501 MARINA CONTRACTORS, INC
001207 MARTIN J. JASKA, INC.
001207 MARTIN J. JASKA, INC.
00088] MONTELEQNE EXCAVATING
000883 MONTELEQNE EXCAVATING
000231 N B S/LOWRY, INC.
000231 N B S/LOWRY, INC.
2,384.14
5,500.00
5,928.75
2,452.20
596.00
2,475.00
23,727.71
2,572.77'
90,448.00
9,044.80-
1,500.00
3,500.00
3,006.98
4,750.00
CHECK
AMOUNT
24,259.07
1,891.00
1,917.95
1,070.95
48
1,184.20
7,884.14
5,928.75
2,452.20
2,871.00
21,354.94
81,403.20
S,O00.O0
7,756.98
20919 11/15/94 001007 H P G CQRP. DEL REY RD REPAIRS 100-164-601-5402 4,385.70
VOU' CITY OF TEMECULA PAGE 3
11/ 16:14 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK
NUMBER
20919
20920
20920
20921
20921
20922
20923
20924
Z0924
20925
20925
20925
20925
20925
2
2b
20925
20925
20925
20925
20926
20926
20927
20927
20927
20927
20928
20928
20928
20929
20930
20930
20931
20931
20931
20931
20
CHECX VENDOR VENDOR
DATE NUMBER NAME
11/15/94 001007 N P G CORP.
11/15/94 001383 P M W ASSOCIATES
11/15/94 001383 P M W ASSOCIATES
11/15/94 001385 PRICE WATERHOUSE
11/15/94 001385 PRICE WATERHOUSE
11/15/94 000262 RANCHO CALIFORNIA WATER
11/15/94 001046 REXON, FREED~N, KLEPET
11/15/94 000678 RIVERSIDE CO. HEALTH SE
11/15/94 000678 RIVERSIDE CO. HEALTH SE
11/15/94 000406 RIVERSIDE CO. SHERIFF#S
11/15/94 000406 RIVERSIDE CO. SHERIFF'S
11/15/94 000406 RIVERSIDE CO. SHERIFF#S
11/15/94 000406 RIVERSIDE CO. SHERIFF'S
11/15/94 000406 RIVERSIDE CO. SHERIFF~S
11/15/94 000406 RIVERSIDE CO. SHERIFF#S
11/15/94 000406 RIVERSIDE CO. SHERIFF'S
11/15/94 000406 RIVERSIDE CO. SHERIFF'S
11/15/94 000406 RIVERSIDE CO. SHERIFF#S
11/15/94 000406 RIVERSIDE CO. SHERIFF'S
11/15/94 000406 RIVERSIDE CO. SHERIFF#S
11/15/94 000406 RIVERSIDE CO. SHERIFFrS
11115/94 000955 RIVERSIDE CO. SHERIFF-B
11/15/94 000955 RIVERSIDE CO. SHERIFF-B
11/15/94 000269 RIVERSIDE OFFICE SUPPLY
11/15/94 000269 RIVERSIDE OFFICE SUPPLY
11/15/94 000269 RIVERSIDE OFFICE SUPPLY
11/15/94 000269 RIVERSIDE OFFICE SUPPLY
11/15/94 000271 ROBERT BEIN, WN FROST &
11/15/94 000271 ROBERT BEIN, ~N FROST &
11/15/94 000271 ROBERT BEIN, WN FROST &
11/15/94 000929 T B PENICK & SONS, INC.
11/15/94 001478 THOMAS OLSEN ASSOCIATES
11/15/94 001478 THOMAS OLSEN ASSOCIATES
11/15/94 000319 TOMARK SPORTS, INC.
11/15/94 000319 TOMARK SPORTS, INC.
11/15/94 000319 TOMARK SPORTS, INC.
11/15/94 000319 TOMARK SPORTS, INC.
1/15/94 000539 WIMMER YAMADA ASSOCIATE
ITEM ACCOUNT ITEM CHECK
DESCRIPTION NUMBER AMOUNT AMOUNT
REPAIRS BTWN YNEZ & VIA SERRIT
CONTI~j~CT SERVICES SEPT 94
CONTRACT SERVICES SEPT 94
100-164-601-5401
280-199-999-5248
165-199-~99-5248
CONSULT. TO ANALYZE FEASIBILTI 280-199-999-5248
CONSULT. TO ANALYZE FEASIBILTI 280-1270
2-2"' WATER METERS AT PALA CONM 210-190-120'5804
PROF SERVICES FOR SEPT 94 001-130-~99-5247
SEPT 1994 ANIMAL CONTROL 001-172'~99-5255
ANIMAL CONTROL SERVICE FOR AUG 001-172-~99'5255
ACIZS 2QTR SYSTEM CHARGE
PRK MANOR-SEARCH WARRANTS
LAW ENFORCE FOR SEPT 94
LAW ENFORCE FOR SEPT 94
LAW ENFORCE FOR SEPT 94
LAW ENFORCE FOR SEPT 94
LAW ENFORCE FOR SEPT 94
LAW ENFORCE FOR SEPT 94
LAW ENFORCE FOR SEPT 94
LAW ENFORCE FOR SEPT 94
LAW ENFORCE FOR SEPT 94
LAW ENFORCE FOR SEPT 94
001-170-999-5325
001-170-~99-5281
001-170-999-5288
001-170-999-5298
001-170-~99-5290
001-170-999-5291
001-170-999-5282
001-170-999-5299
001-170-999-5294
001-170-999-5262
001-170-999-5281
001-1230
BIKE PATROL FOR AUGUST 94
BIKE PATROL FOR SEPT 94
001-170-999-5326
001-170-999-5326
REGULAR COPIER/LASER PAPER
COLORED COPIER PAPER
REGULAR 8 1/2 X 14 LEGAL SIZE
TAX
330-199-999-5220
330-199-999-5220
330-199-999-5220
330-199-999-5Z20
PROF SERVICE FOR AUG 94
WALCOTT CORRIDOR CONTRACT
DELETE ADVANCE FEES FROM INVOI
210-165-637-5802
210-165-637-5802
210-165-637-5802
STOP NOTICE RELEASE-MISSION PO 250-2038
BIOLOGICAL RESOURCES STUDY PH1 210-165-637-5802
NOT PAYING FOR DIRECT EXPENSES 210-165-637-5802
PORTABLE ALUM BLEACHERS 5 ROWS
SET UP/LABOR
FREIGHT
TAX
190-180-999-5610
190-180-999-5610
190-180-999-5610
190-180-999-5610
PROF SERVICES FOR SEPT 94 210-190-120-5802
1,575.00
4,560.86
4,560.85
1,035.50
1,035.50
13,972.00
1,424.00
6,040.89
7,055.37
9,038.03
1,694.11
185,479.52
19,788.00
5,793.84
5,199.60
2,798.32
15,397.07
8,406.8~
14,284.97
14,951.63
5,199.60
5,050.80
2,818.20
1,173.00
592.20
78.00
142.85
15,536.00
6,030.00
3,000.00'
7,869.88
3,336.20
116.20-
1,650.00
800.00
230.30
127.88
3,136.00
5,960.70
9,121.71
2,071.00
13,972.00
I, 424. O0
13,096.26
288,031.55
7,869.00
1,986,05
18,566.00
7, 8~9.88
3,220.00
2,808.18
3,136.00
TOTAL CHECKS 614~727.87
ITEM 4
APPROVAL
CITY ATTORNEY
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
Genie Roberrs, interim Finance Officer
November 15, 1994
City Treasurer's Report as of September 30, 1994
PREPARED BY: Tim McDermott, Interim Chief Accountant
RECOMMENDATION: That the City Council receive and file the City Treasurer's Report
as of September 30, 1994.
DISCUSSION: Reports to the City Council regarding the City's investment portfolio and
receipts, disbursements and fund balance are recluired by Government Code Sections 53646
and 41004 respectively. The City's investment portfolio is in compliance with the Code
Sections as of September 30, 1994.
FISCAL IMPACT: None
ATTACHMENTS: 1. City Treasurer's Report as of September 30, 1994
2. Schedule of Fund Balances as of September 30, 1994
City of Temecula
City Treasurer's Report
As of September 30, 1994
Cash Activity for the Month of September:
Cash and Investments as of September 1, 19~}4
Cash Receipts
Cash Disbursements
Cash and investments as of September 30, 1994
$ 46,625,856
2,043,872
(2,191,667)
$ 46,478,061
Cash and Investments Portfolio:
Type of Investment
Petty Cash
General Checking
Benefit Demand Deposits
Local Agency investment Fund
Deferred Compensation Fund
Deferred Compensation Fund
Defined Contribution Fund
Trust Accounts-TCSD COPs
Trust Accounts-RDA Bonds
Institution Yield Balance
City Hall $ 800
First Interstate (202,574)
First interstate 6,264
State Treasurer 5.106% 32,898,896
ICMA 234,501
PEBSCO 264,303
PEBSCO 23,331
Bank of America 4.500% 829,829
Bank of America 4.500% 12,422,711
$ 46,478,061
(1)
(1)
(1)-This amount is nat of outatan~:ling checks.
Per Government Code Requirements, this Treasurer's Report is in compliance with
the City of Temecula's investment policy and there are adequate funds available
to meet budgeted and actual expenditures of the City of Temecula for the next
thirty days.
City of Temecula
Schedule of Fund Balances
As of September 30, 19~.
City
Total Assets $ 29,984,628
Less: Liabilities 3,860,801
Total Fund Balances 26,123,827
Less: Reserved Amounts (1) 4,061,001
Less: Designated Amounts (2) 14,066,696
Unreserved, Undesignated
Fund Balances $ 7,996,130
Community
Services Redevelopmerit
District Agency Total
$ 2,281,720 $ 20,818,323 $ 53,084,671
222,829 467,053 4,550,683
2,058,891 20,351.270 48,533,988
935,568 8,289.331 13,285,900
1,123,323 12,061,939 27,251,958
$ 0 $ 0 $ 7,996,130
(1) Includes amounts reserved for encumbrances, land held for resale, long-term notes receivable, low/rood housing,
and debt service.
(2) Includes amounts designated for economic uncertainty, debt service, and continuing appropriations.
ITEM 5
APPROVAiy~
CITY ATTORNEY
FINANCE OFFIC
CITY MANAGE
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
City Clerk
November 15, 1994
Review of City Conflict of Interest Code
RECOMMENDATION:
1. Review amendments to the City's Conflict of Interest Code.
2. Adopt a resolution entitled:
RESOLUTION NO. 94-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ADOPTING AN AMENDED CONFLICT OF INTEREST CODE
3. Direct the City Clerk to file the amended Conflict of Interest Code with the Fair
Political Practices Commission (FPPC).
BACKGROUND: Government Code Section 87306.5 requires that each even numbered
year, the code reviewing body (FPPC) shall direct each local agency which has adopted a
Conflict of Interest Code to review its Code and, if a change in its code is necessitated by
changed circumstances, submit an amended Conflict of Interest Code to the code reviewing
body.
The City Attorney has reviewed the City's code and feels the changes indicated in the
double underlined version of the Code which is attached are necessary. Also the addition of
several positions are recommended in Exhibit "A" Desianated City of Temecula Emolovees and
Disclosure Cateaories.
ATTACHMENTS:
City of Temecula Conflict of Interest Code (for approval)
City of Temecula Conflict of Interest Code (Underline Version)
RESOLUTION NO. 94-
A RESOLUTION OF TitF. CITY COUNCIL OF ~ CITY
OF TEMECULA ADOPTING AN AMF~NDED CONFLICT OF
INTEREST CODE
WHEREAS, the City Council of the City of Temecula has previously adopted a Conflict
of Interest Code to apply to certain officers and employees of the City; and
WFW-REAS, the City Council of the City of Temecula desires to adopt an Amended
Conflict of Interest Code;
NOW THEREFORE, THE CiTY COUNCIL OF THE CITY OF TEMECULA DOES
RESOLVE, D~,TP_,RMINE AND ORDER AS FOLLOWS:
Section 1. That the Amended Conffict of Interest Code, attached hereto as Exhibit A, is
hereby adopted as the Conflict of Interest Code for the City of Temecula.
Section 2. The previously adopted Conflict of Interest Code for the City of Temecula
is of no further force and effect.
Section 3. The City Clerk shall certify the adoption of this resolution.
APPROVED AND ADOPTED, this 15th day of November, 1994.
A'rrhST:
Ron Robere, Mayor
June S. Greek, City Clerk
[SEAL]
Resos 43 1
CONFLICT OF INTEIIFsT CODE
OF THE
CITY OF TEMECULA
SECTION 1. Pumose. Pursuant to the provisions of Government Code Sections 87300,
et sea., the City of Temecula (hereinafter referred to as "City") hereby adopts the following
Conffict of Interest Code. The provisions of this Code are in addition to those contained in Title
9, Chapter 7 of the Government Code (Section 87100 et ~¢q.). Except as otherwise indicated,
the definitions contained in Ti~e 9, Chapter 2 of the Government Code (Section 8200 et seq.)
are incorporated herein and apply to this Code. It is the purpose of this Code to provide for the
disclosure of assets and income of designated employees which may be materially affected by
their official actions, and, in appropriate circumstances, to provide that designated employees
should be disqualified from acting in order that conflicts of interest may be avoided.
SECTION 2. Designated Positions. The positions listed in Exhibit "A" axe designated
positions. Officers and employees holding those positions are designated employees and axe
deemed to make or paxticiI~ate in the making of decisions which may foreseably have a material
effect on a financial interest.
SECTION 3. Disclosure Statements. Designated positions shall be assigned to one or
more of the disclosure categories set forth in Exhibit "B" . Each designated employee or official
shall file an annual statement disclosing that employee's or of~cial's interest in investments,
business positions, interests in real property and source of income designated as reportable under
the category to which the employee's or official's position is assigned in Exhibit "B" .
SECTION 4. Place and Time of Filing.
A. All designated employees or officials required to submit a statement of
financial interests, (FPPC Form No. 730), shall file the original with the City Clerk's office.
B. The City Clerk's office shall make and retain a copy of the statement.
C. A designated employee or official required to submit an initial statement
of financial interest, (FPPC Form No. 730), shall submit the statement within 30 days after the
effective date of this Code, disclosing interests held including investments, business positions,
and interests in real property on the effective date of this Code, and income received during the
twelve (12) months prior to the effective date of this Code.
D. All persons appointed, promoted, or transferred to designated positions
shall file initial statements not more than 30 days after assuming office.
E. The first statement of f'mancial interests fled by a designated employee
shall disclose the designated employee's reportable investments, business positions, and interests
in real property as those investments, positions, and interests in real property exist as of the
effective date of this Code or the date the designated employee assumed offtee, whichever is
later, and income received during the preceding twelve (12) months.
F. Annual statements shall be filed by April 1, of each year by all designated
employees. Such statements shall disclose reportable investments, business positions, interests
in real property, and income held or rec(tved at any time during the previous calendar year or
since the designated employee took office if during the calendar yea~.
G. A designated employee required to file a statement of financial interest with
any other agency which is within the same territorial jurisdiction and whose disclosure
requirements are comparable may comply with the provisions of this Code by filing a duplicate
copy of the statement filed with the other agency, in lieu of an entirely separate statement.
H. Every designated employee who leaves office shall f~e, within 30 days of
leaving office, a statement disclosing reportable investments, business positions, interests in real
property, and income held or received at any time during the period between the closing date
of the last statement requi£ed to be fled and the date of leaving office.
I. A designated employee who resigns his or her position within 30 days
twelve (12) months following initial appointment or within thirty (30) days of the date of a notice
mailed by the filing officer of the individual's filing obligation, whichever is earlier, is not
deemed to assume or leave office, provided that during the period between appointment and
resignation the individual does not make, participate in making, or use the position to influence
any decision of the City or tee(lye or become entitled to receive any form of payment by virtue.
of being appointed to the position. Within thirty (30) days of the date of a notice mailed by the
filing officer, the individual shall do both of the following:
1. File a written resignation with the appointing power.
2. File a written statement with the ffiing officer on a form prescribed
by the commission and signed under penalty of perjury stating that the individual, during the
period between appointment and resignation, did not make, participate in the making or use the
position to influence any decision of the agency or receive, or become entitled to receive, any
form of payment by virtue of being appointed to the position.
SECTION 5. Contents of Disclosure Statements. Disclosure statements shall be made
on forms supplied'by the City Clerk's Office, (FPPC Form No. 730), and shall contain the
following information:
A. Contents of Investment and Real Properly Reports. When an investment
or an interest in real property is required to be disclosed, the statement shall contain:
1. A statement of the nature of the investment or interest;
LAX:Z:t~Z2,44.4 2
2. The name of the business entity in which each investment is held
and a general description of the business activity in which the business entity is engaged;
3. The address or other precise location of the real property;
4. A statement indicating whether the fair market value of the
investment or interest in real property equals or exceeds one thousand dollars ($1,000) but does
not exceed ten thousand dollars ($10,000), whether it exceeds ten thousand ($10,000) but does
not exceed one hundred thousand dollars ($100,000), or whether it exceeds one hundred
thousand dollars ($100,000). For purposes of this Cede, "interest in real property" does not
include the principle residence of the designated employee or any other property which the
designated employee utilizes exclusively as the employee's personal residence.
5. For purposes of this subdivision (a) of Section 5, "interest in real
property" does not include the principal residence of the fLIer or any other property which
utilizes exclusively as the personal residence of the flier.
B. Contents of Personal Income Reports: When personal incomez is required
to be disclosed under this Cede or pursuant to the Political Reform Act, the statement shall
Contain:
1. The name and address of each source of income aggregating two
hundred fifty dollars ($250) or more in value, or fifty dollars ($50) or more in value if the
income was a gift, and a general description of the business activity, if any, of each source;
2. A statement indicating whether the aggregated value of income from
each source, or, in the case of a loan, the highest amount owed to each source, was at least two
hundred fifty dollars ($250) but did not exceed one thousand dollars ($1,000), whether it was
in excess of one thousand dollars ($1,000) but not greater than ten thousand dollars ($10,000),
or whether it was greater than ten thousand dollars ($10,000);
A description of the consideration, if any, for which the income was
received;
4. In the case of a gift, the name, address and business activity of the
donor and any intermediary through which the gift was made; a description of the gift; the
amount or value and the date on which the gift was received;
"Income" is defined in Title 9, Chapter 2 of the Government Cede (section 82030). That
definition is attached hereto as Exhibit "C."
any, given for the loan.
In the case of a loan, the annual interest rate and the security. if
C. Contents of Business Entity Reports. When the designated employee's pro
rata share of income to a business entity, including income to a sole proprietorship, is required
to be reported, the statement shall contain:
1. The name, address, and a general description of the business
activity of the business entity;
2. The name of every person from whom the business entity received
payments if the designated employee's pro rata share of gross receipts from such person was
equal to or greater than ten thousand dollars ($10,000) during a calendar year;
3. Income of a business entity is required to be reported only if the
direct, indirect, or beneficial interest of the designated employee and his or her spouse in the
business entity aggregates a 10 percent or greater interest. In addition, for purposes of
subparagraphs 2 and 3 of this subsection, the disclosure of persons who are clients or customers
of a business entity is reqfired only if it is reasonably foreseeable that the client or customer
may be materially affected by the decisions of the designated employee.
4. When a payment, including an advance or reimbursement for travel
is required to be reported pursuant to (b) and (c) of this Section 5, it may be reported on a
separate travel reimbursement schedule which shall be included in the ftler's statement of
economic interest. A flier who chooses not to use the travel schedule shall disclose payments
for travel as a gift, unless it is clear from all surrounding circumstances that the services
provided were equal to or greater in value than the payments for the travel, in which case the
travel may be reported as income.
D. Contents of Business Position Disclosure. When business positions are
required to be reported, the designated employee shall list the name and address of each business
entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she
holds any position of management; a description of the business entity in which the business is
engaged, and the designated employee's position with the business entity.
E. Acquisition or Disposal During a Calendar Year. If any otherwise
reportable investment or interest in real property was partially or wholly acquired or disposed
of during the period covered by the statement, the statement shall contain the date of acquisition
or disposal.
SECTION 6. Disqualification. Designated employees shall disqualify themselves from
making, participating in the making of, or in any way using their official position to influence
a governmental decision when it is reasonably foreseeable that the decision will have a material
financial affect distinguishable from its effect on the public generally, on the designated
LAX2:I09244.4 4
employee, or a member of his or her immediate family, or on:
A. Any business entity in which the designated employee has a direct or
indirect investment worth one thousand dollars ($1,000) or more;
B. Any real property in which the designated employee has a direct or indirect
interest worth one thousand dollars ($1,000) or more;
C. Any source of income, other than gifts and other than loans by a
commercial lending institution in the regular course of business on terms available to the public
without regard to official status, aggregating two hundred fifty dollars ($250) or more in value
provided to, received by or promised to the designated employee within twelve (12) months prior
to the time when the decision is made;
D. Any business entity in which the designated employee is a director, officer,
partner, trustee, employee, or holds any position of management; or
E. Any .donor of, or any intermediary of agent for a donor of, a gift or gifts
aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or
promised to the designated employee within twelve (12) months prior to the time when the
decision is made.
For purposes of this section, indirect investment or interest means any investment
or interest owned by the spouse or dependent child of a designated employee, by an agent on
behalf of a designated employee, or by a business entity or trust in which the designated
employee, the designated employee's agent, spouse, and dependent children own directly,
indirectly, or beneficially a ten percent (10%) interest or greater.
No designated employee shall be required to disqualify himself or herself with
respect to any matter which could not legally be acted upon or decided without his or her
participation. A designated employee required to disqualify himself or herself shall notify the
City Manager and the City Clerk in writing, and the City Clerk shall record the person's
disqualification.
Violations. Pursuant to Government Code Section 87300, this Code "shall have the force
of law" and any violation of any provision of this Code shall be punishable in accordance with
Government Code Section 91000 to 91015 and include criminal and civil sanctions, as well as
discipline within the City's Personnel System.
L a44.4 5
SECTION 7. EXItIBIT "A"
Designated City of Temecula Employees
and Disclosure Categories
The following positions entail the making or participation in the making of decisions
which may foreseeably have a material effect on financial interests:
Designated Position Disclosure Categories
Assistant City Manager ......................................... 1
Building Official ............................................. 1
Chief of Police .............................................. 1 '
Chief Accountant ............................................ 1
City Clerk ................................................. 1
City Engineer/Director of Public Works ............................... 1
Consultantt/ ................................................ 1
Principal Engineer ............................................ 1
Exempt Officials-~/ ............................................ 0
Consultants shall be included in the list of designated employees and shall disclose all of
the information required to be disclosed by designated employees subject to the following
limitation:
The City Manager or his or her designee may determine in writing that a particular
consultant, although a "designated position," is hired to perform a range of duties that
is limited in scope and thus is not required to fully comply with the disclosure
requirement described in this Section. Such written disclosure shall include a description
and based upon that description, a statement of the extent of disclosure requirements.
The City Manager's determination is a public record and shall be retained for public
inspection in the same manner and location as this Conflict of Interest Code.
The Mayor, City Council, Members of the Planning Commission, City Manager, City
Attorney, City Treasurer, and Director of Finance are all required to file disclosure
statements pursuant to state law and thus are not included herein.
Director of Community Services ................................... 1
Financial Services Administator .................................... 1
Fire Chief ................................................. 1
Maintenance Superintendent ...................................... 1
1
Planning Director ............................................
Recreation Superintendent ....................................... 1
Senior Accountant ............................................ 1
Senior Building Inspector ........................................ 1
Senior Management Analyst ...................................... 1
Traffic Engineer ............................................. 1
Senior Planner .............................................. 1
Members of all City Commissions,
Boards, and Committees Not
Otherwise Required to File
Conflict of Interest Statements ..................................... 1
SECTION 8. EXHIBIT "B"
Categories of Reportable Economic Interests
Designated Persons in Category "1" Must Report:
All investments, interests in real property, income, and any business entity in which the
person is a director, officer, partner, trustee, employee, or holds any position of management.
These financial interests are reportable only if located within and subject to the jurisdiction of
the City, or if the business entity is doing business or planning to do business in an area subject
to the jurisdiction of the City, or has done business within an area subject to the jurisdiction of
the City at any time during the two years prior to the filing of the statement.
Designated Persons in Category "2" Must Report:
A. All Investments in real property located within or subject to the jurisdiction of the
City.
B. Investments in any business entity which within the last two years has contracted
or in the future foreseeably may contract with the City.
C. Income from any source which within the last two years has contracted or in the
future foreseeably may contract with the City.
D. His or Her status as a director, officer, partner, trustee, employee, or holder of
a position of management in any business entity which within the last two years has
contracted or in the future foreseeably may contract with the City.
Designated persons in Category "3" must report:
A. Investments and business positions in, and income from business entities located
in, doing business in, or planning to do business in the redevelopmerit project area and all
interests in real property located within two miles of the redevelopment project area.
EXHIBIT "C"
82030. Income. A. "Income" means, except as provided in subdivision Co), a payment
received, including but not limited to any salary, wage, advance, dividend, interest, rent,
proceeds from any sale, gift, including any gift of food or beverage, loan, forgiveness or
payment of indebtedness received by the flier, reimbursement for expenses, per diem, or
contribution to an insurance or pension program paid by any person other than an employer, and
including any community property interest in the income of a spouse. Income also includes an
outstanding loan. Income of an individual also includes a pro rata share of any income of any
business entity or trust in which the individual or spouse owns, directly, indirecfly or
beneficially, a 10-percem interest or greater. "Income" other than a gift, does not include
income received from any source outside the jurisdiction and not doing business within the
jurisdiction, not planning to do business within the jurisdiction, or not having done business
within the jurisdiction during the two years prior to the rime any statement or other action is
required under this rifle.
B. "Income" also does not include:
1. Campaign contributions required to be reported under Chapter 4
(commending with Section 84100).
2. Salary and reimbursement for expenses or per diem received from a state,
local, or federal government agency and reimbursement for travel expenses and per diem
received from a bona fide educational, academic, or charitable organization.
3. Any devise or inheritance.
4. Interest, dividends, or premiums on a time or demand deposit in a financial
institution, shares in a credit union or any insurance policy, payments received under any
insurance policy, or any bond or other debt instrument issued by any government or government
agency.
5. Dividends, interest, or any other return on a security which is registered with
the Securities and Exchange Commission of the United States Government or a commodity
future registered with the Commodity Futures Trading Commission of the United States
Government, except proceeds from the sale of these securities and commodities futures.
6. Redemption of a mutual fund.
7. Alimony or child support payments.
8. Any loan or loans from a commercial lending institution which are made in
the lenders' regular course of business on terms available to members of the public without
regard to official status if:
L .a44.4 9
A. Used to purchase, retinarice the purchase of, or for improvements
to, the principal residence of ~ler; or
B. The balance owed does not exceed ten thousand dollars ($10,000).
9. Any loan from an individuars spouse, child, parent, grandparent, grandchild,
brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, uncle, aunt, or first
cousin, or the spouse of any such person, provided that a loan from any such person shall be
considered income if the lender is acting as an agent or intermediary for any person not covered
by this paragraph.
10. Any indebmess created as part of a retail installment or credit card
transaction if made in the lenders regular course of business on tens available to members of
the public without regard to official status, so long as the balance owed to the creditor does not
exceed ten thousand dollars ($10,000).
11. Payments received under a defined benefit pension plan qualified under
Internal Revenue Cede Section 401(a).
12. Proceeds from the sale of securities registered with the securities and
Exchange Commission of the United States Government or from the sale of commodities futures
registered with the Commodity Futures Trading Commission of the United States Government
if the ffier sells the securities or the commodities futures on a stock or commodities exchange
and does no know or have reason to know the identity of the purchaser.
L~a:i0~U.4 10
CONFLICT OF INTEREST CODE
OF THE
CITY OF TEMECULA
SECTION 1. PurPose. Pursuant to the provisions of Government Code Sections 87300,
et s~., the City of Temecula Oaereinafter referred to as "City") hereby adopts the following
Conflict of Interest Code. The provisions of this Code are in addition to those contained in Title
9, Chapter 7 of the Government Code (Section 87100 et se~.). Except as otherwise indicated,
the definitions contained in Title 9, Chapter 2 of the Government Code (Section 8200 et s__~.)
are incorporated herein and apply to this Code. It is the purpose of this Code to provide for the
disclosure of assets and income of designated employees winch may be materially affected by
their official actions, and, in appropriate circumstances, to provide that designated employees
should be disqualified from acting in order that conflicts of interest may be avoided.
SECTION 2. Designated Positions. The positions listed in Exhibit "A" are designated
positions. Officers and employees holding those positions are designated employees and are
deemed to make or participate in the making of decisions winch may foreseably have a material
effect on a financial interest.
SECTION 3. Disclosure Statements. Designated positions shall be assigned to one or
more of the disclosure categories set forth in Exhibit "B" . Each designated employee or official
shall file an annual statement disclosing that employee's or of~cial's interest in investments,
business positions, interests in real property and source of income designated as reportable under
the category to winch the employee's or of~cial's position is assigned in Exhibit "B" .
SECTION 4. Place and Time of Filing.
A. All designated employees or officials required to submit a statement of
financial interests, (FPPC Form No. 730), shall file the original with the City Clerk's office.
B. The City Clerk's office shall make and retain a copy of the statement.
C. A designated employee or official required to submit an initial statement
of financial interest, (FPPC Form No. 730), shall submit the statement within 30 days after the
effective date of this Code, disclosing interests held including investments, business positions,
and interests in real property on the effective date of this Code, and income received during the
twelve (12) months prior to the effective date of this Code.
D. All persons appointed, promoted, or transferred to designated positions
shall file initial statements not more than 30 days after assuming office.
E. The first statement of financial interests fried by a designated employee
shall disclose the designated employee's reportable investments, business positions, and interests
in real property as those investments, positions, and interests in real property exist as of the
effective date of this Code or the date the designated employee assumed office, whichever is
later, and income received during the preceding twelve (12) months.
F. Annual statements shall be Fried by April 1, of each year by all designated
employees. Such statements shall disclose reportable investments, business positions, interests
in real property, and income held or received at any time during the previous calendar year or
since the designated employee took office if during the calendar year.
G. A designated employee required to file a statement of financial interest with
any other agency which is within the same territorial jurisdiction and whose disclosure
requirements are comparable may comply with the provisions of this Code by filing a duplicate
copy of the statement fried with the other agency, in lien of an entirely separate statement.
H. Every designated employee who leaves office shall fie, within 30 days of
leaving office, a statement disclosing reportable investments, business positions, interests in real
property, and income held or received at any time during the period between the closing date
of the last statement required to be filed and the date of leaving office.
I. A designated employee who resigns his or her position within ~ii~i
twelve (12) months following initial appointment or within thirty (30) days of the date of a notice
mailed by the filing officer of the individual's filing oblination. whichever is earlier, is not
deemed to assume or leave office, provided that during the period between appointment and
resignation the individual does not make, participate in making, or use the position to influence
any decision of the City or receive or become entitled to receive any form of payment by virtue
of being appointed to the position. Within thirty (30/days of the date of a notice mailed bv the
illinn officer. the individual shall do both of the followinn:
File a written resinnation with the avvointinn vower.
2. File a written statement with the ~tint officer on a form orescribed
by the commission and signed under venaltv of ve~urv stating, that the individual. during, the
veriod between anyointment and resin,nation. did not make. varticivate in the makinn or use the
vosition to influence any decision of the anencv or receive. or become entitled to receive. any
form of oavment bv virtue of being, avvointed to the vosition.
SECTION 5. Contents of Disclosure Statements. Disclosure statements shall be made
on forms supplied by the City Clerk's Office, (FPPC Form No. 730), and shall contain the
following information:
A. Contents of Investment and Real Property Reports. When an investment
or an interest in real property is required to be disclosed, the statement shall contain:
1. A statement of the nature of the investment or interest;
LAX2:I09244.3 2
2. The name of the business entity in which each investment is held
and a general description of the business activity in which the business entity is engaged;
3. The address or other precise location of the real property;
4. A statement indicatin~ whether the fair market value of the
investment or interest in real property equals or exceeds one thousand dollars ($1,000) but does
not exceed ten thousand dollars ($10,000), whether it exceeds ten thousand ($10,000) but does
not exceed one hundred thousand dollars ($100,000), or whether it exceeds one hundred
thousand dollars ($1013,000). For purposes of this Cede, "interest in real property" does not
include the principle residence of the designated employee or any other property which the
designated employee utilizes exclusively as the employee's personal residence.
5. For ournoses of this subdivision (a) of Section 5. 'interest in real
vronertv" does not include the orincival residence of the filet or any other vronertv which
utilizes exclusively as the nersonal residence of the filer.
B. Contents of Personal Income R~ons: When personal incomex is required
to be disclosed under this Cede or pursuant to the Political Reform Act, the statement shall
Contaill:
1. The name and address of each source of income aggregating two
hundred fifty dollars ($250) or more in value, or fifty dollars ($50) or more in value if the
income was a gift, and a general description of the business activity, if any, of each source;
2. A statement indicating whether the aggregated value of income from
each source, or, in the case of a loan, the highest amount owed to each source, was at least two
hundred fifty dollars ($250) but did not exceed one thousand dollars ($1,000), whether it was
in excess of one thousand dollars ($1,000) but not greater than ten thousand dollars ($10,000),
or whether it was greater than ten thousand dollars ($10,000);
A description of the consideration, ff any, for which the income was
received;
4. In the case of a gift, the name, address and business activity of the
donor and any intermediary through which the gift was made; a description of the gift; the
amount or value and the date on which the gift was received;
"Income" is defined in Title 9. Chaoter 2 of the Government Code (section 82030L That
definition is attached hemto as Exhibit "C.'
any, given for the loan.
In the case of a loan, the annual interest rate and the security, if
C. Contents of Business Entity Reports. When the designated employec's pro
rata share of income to a business entity, including income to a sole proprietorship, is required
to be reported, the statement shall contain:
1. The name, address, and a general description of the business
activity of the business entity;
2. The name of every person from whom the business entity received
payments if the designated employee's pro rata share of gross receipts from such person was
equal to or greater than ten thousand dollars ($10,1300) during a calendar year;
3. Income of a business entity is required to be reported only if the
direct, indirect, or beneficial interest of the designated employee and his or her spouse in the
business entity aggregates a 10 percent or greater interest. In addition, for purposes of
subparagraphs 2 and 3 of this subsection, the disclosure of porsons who are clients or customers
of a business entity is requ'tred only if it is reasonably foreseeable that the client or customer
may be materially affected by the decisions of the designated employee.
4. When a oavment. includin~ an advance or reimbursement for travel
is recuired to be rex~orted pursuant to Co/and (c) of this Section 5, it may be re~oned on a
separate travel reimbursement schedule which shall be included in the ~ler's statement of
economic interest. A flier who chooses not to use the travel schedule shall disclose payments
for travel as a Lift. unless it is clear from all surroundin~ circumstances that the services
Drovided were eoual to or ~reater in value than the payments for the travel. in which case the
travel may be reoorted as income.
D. Contents of Business Position Disclosure. When business positions are
required to be reported, the designated employee shall list the name and address of each business
entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she
holds any position of management; a description of the business entity in which the business is
engaged, and the designated employee's position with the business entity.
E. Acquisition or DiSposal During a Calendar Year. If any otherwise
reportable investment or interest in real property was partially or wholly acquired or disposed
of during the period covered by the statement, the statement shall contain the date of acquisition
or disposal.
SECTION 6. Disqualification. Designated employees shall disqualify themselves from
making, participating in the making of, or in any way using their of~c'ml position to influence
a governmental decision when it is reasonably foreseeable that the decision will have a material
financial affect distinguishable from its effect on the public generally, on the designated
LAX2:1092443 4
employee, or a member of his or her immediate family, or on:
A. Any business entity in which the designated employee has a direct or
indirect investment worth one thousand dollars ($1,0{30) or more;
B. Any real property in which the designated employee has a direct or indirect
interest worth one thousand dollars ($1,000) or more;
C. Any source of income, other than gifts and other than loans by a
commercial lending institution in the regular course of business on terms available to the public
without regard to official status, aggregating two hundred fifty dollars ($250) or more in value
provided to, received by or promised to the designated employee within twelve (12) months prior
to the time when the decision is made;
D. Any business entity in which the designated employee is a director, officer,
parmet, trustee, employee, or holds any position of management; or
E. Any donor of, or any intermediary of agent for a donor of, a gift or gifts
aggregating two hundred fifty dollars ($250) or more in value pwvided to, received by, or
promised to the designated employee within twelve (12) months prior to the time when the
decision is made.
For purposes of this section, indirect investment or interest means any investment
or interest owned by the spouse or dependent child of a designated employee, by an agent on
behalf of a designated employee, or by a business entity or trust in which the designated
employee, the designated employee's agent, spouse, and dependent children own directly,
indirec~y, or beneficially a ten Percent (10%) interest or greater.
No designated employee shall be required to disqualify himserf or herself with
respect to any matter which could not legally be acted upon or decided without his or her
participation. A designated employee required to disqualify himself or herself shall notify the
City Manager and the City Clerk in writing, and the City Clerk shall record the person's
disqualification.
Violations. Pursuant to Government Code Section 87300, this Code "shall have the force
of law" and any violation of any provision of this Code shall be punishable in accordance with
Government Code Section 91000 to 91015 and include criminal and civil sanctions, as well as
discipline within the' City's Personnel System.
SECTION 7. EXIHRIT ~An
Designated City of Temecula Employees
and Disclosure Categories
The following positions entail the making or participation in the making of decisions
which may foreseeably have a material effect on financial interests:
Designated Position Disclosure Categories
Assistant City Manager ......................................... 1
Building Official ............................................. 1
Chief of Police .............................................. 1
Chief Accountant ............................................ 1
City Clerk ................................................. 1
City Engineer/Director of Public Works ............................... 1
Consultant-~ ................................................ 1
Princioal Engineer ............................................ 1
Exempt Officials!/ ............................................ 0
Consultants shall be included in the list of designated employees and shall disclose all of
the information required to be disclosed by designated employees subject to the following
limitation:
The City Manager or his or. her designee may determine in writing that a particular
consultant, although a "designated position," is hired to perform a range of duties that
is limited in scope and thus is not required to fully comply with the disclosure
requirement described in this Section. Such written disclosure shall include a description
and based upon that description, a statement of the extent of disclosure requirements.
The City Manager's determination is a public record and shall be retained for public
inspection in the same manner and location as this Conflict of Interest Code.
The Mayor, City Council, Members of the Planning Commission, City Manager, City
Attorney, City Treasurer, and Director of Finance are all required to fie disclosure
statements pursuant to state law and thus are not included herein.
LAX2:109244.4 6
Director of Community Services ...................................
Financial Services Administator ....................................
Fire Chief .................................................
Maintenance Su~rintendent ......................................
Planning Director ............................................
Recreation Sux~erintendent .......................................
Senior Accountant ............................................
Senior Building Inspector ........................................
Senior Management Analyst ......................................
Traffic Engineer .............................................
Senior Planner ..............................................
Members of all City Commissions,
Boards, and Committees Not
Otherwise Required to File
Conflict of Interest Statements .....................................
SECTION 8. EXHIBIT "B"
Categories of Reportable Economic Interests
Designated Persons in Category "1" Must Report:
All investments, interests in real property, income, and any business entity in which the
person is a director, officer, partner, trustee, employee, or holds any position of management.
These financial interests are reportable only if located within and subject to the jurisdiction of
the City, or if the business entity is doing business or planning to do business in an area subject
to the jurisdiction of the City, or has done business within an area subject to the jurisdiction of
the City at any time during the two years prior to the filing of the statement.
Designated Persons in Category "2" Must Report:
A. All Investments in real property located within or subject to the jurisdiction of the
City.
B. Investments in any business entity which within the last two years has contracted
or in the future foreseeably may contract with the City.
C. Income from any source which within the last two years has contracted or in the
future foreseeably may contract with the City.
D. His or Her status as a director, officer, pamer, mastee, employee, or holder of
a position of management in any business entity which within the last two years has
contracted or in the future foreseeably may contract with the City.
Designated persons in Category "3" must report:
A. Investments and business positions in, and income from business entities located
in, doing business in, or planning to do business in the re, development project area and all
interests in real property located within two miles of the redevelopment project area.
LAX2:109244.3 8
EXHIBIT "C"
82030. Income. A. "Income" means, except as provided in subdivision Co), a payment
received, including but not limited to any salary, wage, advance, dividend, interest, rent,
proceeds from any sale, gift, including any gift of food or beverage, loan, forgiveness or
payment of indebtedness received by the flier, reimbursement for expenses, per diem, or
contribution to an insurance or pension program paid by any person other than an employer, and
including any community property interest in the income of a spouse. Income also includes an
outstanding loan. Income of an individual also includes a pro rata share of any income of any
business entity or trust in which the individual or spouse owns, directly, indirectly or
beneficially, a 10-percent interest or greater. "Income" other than a gift, does not include
income received from any source outside the jurisdiction and not doing business within the
jurisdiction, not planning to do business within the jurisdiction, or not having done business
within the jurisdiction during the two years prior to the time any statement or other action is
required under this title.
B. "Income" also does not include:
1. Campaign contributions required to be reported under Chapter 4
(commending with Section 84100).
2. Salary and reimbursement for expenses or per diem received from a state,
local, or federal govemment agency and reimbursement for travel expenses and per diem
received from a bona fide educational, academic, or charitable organization.
3. Any devise or inheritance.
4. Interest, dividends, or premiums on a time or demand deposit in a financial
institution, shares in a credit union or any insurance policy, payments received under any
insurance policy, or any bond or other debt instrument issued by any government or government
agency.
5. Dividends, interest, or any other return on a security which is registered with
the Securities and Exchange Commission of the United States Government or a commodity
future registered with the Commodity Futures Trading Commission of the United States
Government, except proceeds from the sale of these securities and commodities futures.
6. Redemption of a mutual fund.
7. Alimony or child support payments.
8. Any loan or loans from a commercial lending institution which are made in
the lenders' regular course of business on terms available to members of the public without
regard to official status if:
A. Used to purchase, reflnance the purchase of, or for improvements
to, the principal residence of flier; or
B. The balance owed does not exceed ten thousand dollars ($10,000).
9. Any loan from an individual's spouse, child, parent, grandparent, grandchild,
brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, uncle, aunt, or first
cousin, or the spouse of any such person, provided that a loan from any such person shall be
considered income if the lender is acting as an agent or intermediary for any person not covered
by this paragraph.
10. Any indebtness created as part of a retail installment or credit card
transaction if made in the lender's regular course of business on terms available to members of
the public without regard to official status, so long as the balance owed to the creditor does not
exceed ten thousand dollars ($10,000).
11. Payments received under a defined benefit pension plan qualified under
Internal Revenue Code Section 401(a).
12. Proceeds from the sale of securities registered with the securities and
Exchange Commission of the United States Government or from the sale of commodities futures
registered with the Commodity Futures Trading Commission of the United States Government
if the tier sells the securities or the commodities futures on a stock or commodities exchange
and does no know or have reason to know the identity of the purchaser.
L~X2:X0~44.S 10
ITEM 6
CITY MANAGER~
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
City Council/City Manager
Joseph Kicak, Interim Director of Public Works/City Engineer
November 15, 1994
SUBJECT:
Substitute Subdivision ImprovementAgreement and Public improvement
Bonds in Tract No. 21067
PREPARED BY: ;~/ Albert Crisp, Permit Engineer
RECOMMENDATION:
That the City Council ACCEPT the substitute Subdivision Improvement Agreement and Faithful
Performance and Labor and Material Bonds for Street, Drainage, Water and Sewer
improvements, and Subdivision Monumentation Bond in Tract No. 21067, and DIRECT the
City Clerk to so advise the Developer and Surety.
BACKGROUND:
On September 18, 1991, the City Council approved Tract Map No. 21067, and entered into
subdivision agreements with:
Kingsway Construction Corporation
2650 Camino Del Rio North
San Diego, CA 92108
for the improvement of streets and drainage, installation of sewer and water systems, and
subdivision monumentation. Accompanying the subdivision agreements were surety bonds
issued by Insurance Company of the West as follows:
Bond No. 117 85 65 in the amount of $1,571,500 ($1,255,500, $149,500, and
$166,500, respectively) to cover faithful performance for street, water and sewer
improvements,
Bond No. 117 85 65 in the amount of $785,750 ($628,000, $75,000, and $82,750,
respectively) to cover labor and materials for street, water and sewer improvements.
3. Bond No. 117 85 66 in the amount of $31,284to cover subdivision monumentation.
r:\agdz~t\94\l I 15\tr210~7/ajp
Kingsway Construction Corporation subsequently lost control of the site, The new developer
for the subdivision is:
Santa Barbara 86 (Westmark Communities, Inc., General Partner)
One Columbia
Aliso Viejo, CA 92656
and they have submitted replacement agreements and securities for the contractual work.
Replacement surety bonds have been posted by the same surety, Insurance Company of the
West, under the same bond numbers and in the same amounts as the original documents.
The contractual eighteen (18) month period for completion of the work under the original
agreement expired March 18, 1993. It is Staff's recommendation that the new developer,
Santa Barbara 86 (Westmark Communities, Inc.) be granted an eighteen (18) month
construction completion period as set forth in the Subdivision Improvement Agreement
(Section 20-"Time for Completion of Work/Time Extensions). The contractual completion date
would become April 11, 1996.
The affected streets, although not completed nor accepted, are Trotsdale Drive, Canterfield
Drive, Rein Court, Muirfield Drive, and portions of Jedediah Smith Road and Temecula Lane.
Attachment: Location Map
Substitute Public Improvement Bonds (on file)
Substitute Agreement (on file)
r:~agdrptXt)4\l 115Xtr21067/ajp
VICINITY MAP
flo ~CAL~
TRACT NO.
21067
Location Map
ITEM 7
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Interim Director of Public Works/City Engineer
November 15, 1994
Contract Amendment No. 8 to Community Facilities District 88-12
Engineering Services Contract with J.F. Davidson Associates, Inc.
for the I-15/Rancho California Road Interchange Modifications
PREPARED BY: ~ Don Spagnoto, Principal Engineer - Capital Projects
RECOMMENDATION:
That the City Council approve Contract Amendment No. 8 to provide additional engineering
services for CFD 88-12 by J.F. Davidson Associates, Inc. (JFD) for the I-15/Rancho California
Road interchange modification in an amount not to exceed $107,000.00.
BACKGROUND:
The additional costs detailed in the following section for the I-15/Rancho California Road
Interchange modification were arrived at during the design review process with Caltrans. The
following items of work will be performed as a result of a change in the alignment of the north
bound on and off-ramps and other items of work. The following are the various items
necessary to complete the engineering plans and specification for the I-15/Rancho California
Road Interchange modifications.
iTEM 1: Caltrans Changes
The plans, as base on the approved prior submittals, are approximately 85% complete. The
same changes requested for Winchester Road are also being required on Rancho California
Road by Caltrans. The changes are primarily to the acceleration lane geometrics and the
onramp loop radii. The re-design will cause a severe impact to the adjacent parking and
service areas of the existing motel, The amount of the change order necessary is
approximately $28,500.00
Subtotal: $28,500.00
-1- r:~agdrpt~94\l 115\CFD88-12.AdS/~jp
ITEM 2: Scope Expansion
The base contract provided for 56 sheets at a fee of (;296,585. JFD's projection at this time
is that the actual sheet count will be a minimum of 97 sheets at time of completion. A
straight-line interpolation of the revised contract amount is $513,728, a difference of
$217,143. JFD agrees to absorb a portion of this expense; however, based on recent
experience JFD is requesting an increase of ~55,000.
Subtotal: $55,000.00
ITEM 3: Rancho California Water District Waterline Relocation
The design of improvement Plans for the relocation of approximately 1,250 lineal feet of
existing 20" Rancho California Water District (RCWD) water main within an existing easement.
The water main is in conflict with the proposed northbound exit ramp and northbound loop
ramp locations. This work will be designed on separate plans to RCWD standards, and for the
review of District plan checkers.
Will require minimal field survey.
Will require the preparation and processing of easement documents.
Subtotal: $12,000.00
ITEM 4: Embassy Suites Parking Configuration
Due to the modification to the north bound off-ramp, a portion of the existing parking must
be re-configured. The estimate to include the parking lot modification into the Caltrans plan
set will require:
1 - layout sheet
1 - proposed construction sheet
1 - existing landscaping sheet
1 - proposed landscaping sheet
1 - detail sheet
additional special provisions and standards covering the non Caltrans work
Subtotal: $11,500.00
TOTAL AMOUNT: $107,000.00
FISCAL IMPACT:
All of the above costs are eligible for funding through Community Facilities District 88-12.
Adequate funds are available within the budget of the District. The total cost of this element
of the project is summarized below:
A. Approved Contract $551,950
B. A portion of Amendment No. 4 (Approved 9/14/93) 3,330
C. A portion of Amendment No. 7 (Approved 5/10/94) 4,500
D. Proposed Amendment No. 8 107,000
Total: $666,780
Funds are available from Account No. 600-165-999-6201.
Attachment: Amendment No. 8, J.F. Davidson Associates
-3- r:~a~gdt~t\94\l 115\CFD88-12.Ad8/ajp
ITEM 3: Rancho California Water District Waterline Relocation
The design of Improvement Plans for the relocation of approximately 1,250 lineal feet of
existing 20" Rancho California Water District (RCWD) water main within an existing easement.
This water main is in conflict with the proposed northbound exit ramp and northbound loop
ramp locations. This work will be designed on separate plans to RCWD standards, and for the
review of District plan checkers.
Will require minimal field survey.
Will require the preparation and processing of easement documents.
Subtotal: $12,000.00
ITEM 4: Embassy Suites Parking Configuration
Due to the modification to the north bound off-ramp, a portion of the existing parking must
be re-configured. The estimate to include the parking lot modification into the Celttans plan
set will require:
1 - layout sheet
1 - proposed construction sheet
1 - existing landscaping sheet
1 - proposed landscaping sheet
1 - detail sheet
additional special provisions and standards covering the non Caltrans work
Subtotal: $11,500.00
TOTAL AMOUNT: $107,000
Section 2
Compensation shall be for all services described in this Amendment and shall not exceed One
Hundred Four Thousand Eight Hundred Eight Dollars ($104,808.00)
All of the above costs are eligible for funding through Community Facilities District 88-12.
Adequate funds are available within the budget of the District. The total cost of this element
of the project is summarized below:
A. Approved Contract $551,950
B. A portion of Amendment No. 4 lApproved 9/14/93) 3,330
C. A portion of Amendment No. 7 lApproved 5/10/94) 4,500
D. Proposed Amendment No. 8 107.000
Total: $666,780
-5- r:Xagdrpt\94\l 1 I5\CFD88-12.AdS/sjp
Section 3
All other terms and conditions of the Agreement shall remain the same.
The parties hereto have executed this Amendment No. 8 to the Agreement on the Date and
year above written.
CONSULTANT CITY OF TEMECULA
By: By:
J.F. Davidson Associates
Ron Roberts, Mayor
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
ATTEST:
June S. Greek, City Clerk
-6- r:Xagdrpt\94~l 115\CFDgg-12.AdS/ajp
ITEM 8
APPROVAL ~
CITY ATTORNEY
FINANCE OFFI E
CITY MANAG
CITY OF TEMECUULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
City Council/City Manager
Mary Jane McLarney, Assistant City Manager
November 15, 1994
Federal Implementation Plan (FIP) Opposition Form
PREPARED BY: Grant M. Yates, Human Resources Administrator
RECOMMENDATION:
Authorize the Mayor to sign the enclosed Federal Implementation Plan (FIP) Opposition
Form.
2. Adopt a resolution entitled:
RESOLUTION NO. 94-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA TO STOP THE $50 BILLION DOLLAR FIP BEFORE IT
STOPS CALIFORNIA.
DISCUSSION:
The U.S. Environmental Protection Agency (EPA) has proposed for CALIFORNIA-ONLY new
air quality rules known as the Federal Implementation Plan (FIP). This plan proposes extreme
air quality regulati, ons that hits all mobile sources including trains, planes, ships, trucks,
ambulances, school buses, agricultural equipment, and other sources of pollution.
While the City does support clean air efforts (converting six City vehicles to clean burning
propane), the FIP, as proposed, has the potential to damage the state's fragile economic
recovery.
The League of California Cities has asked for the City of Temecula's support in opposing this
plan, which has not yet been adopted. Potential impact of this 1,700 page plan include
cutting back air flights to and from Los Angeles by as much as 70%, increasing trucking
freight costs by as much as 30%, and forcing school buses off the road if they do not comply
with the new standards. In addition, this plan was never voted on by Congress, and no
elected official was part of its creation. Finally, the EPA, who drafted the plan, only
conducted three hearings, to date, in California to allow for public comment.
City Council Agenda Report
Federal Implementation Plan (FIP) Opposition Form
Page 2
FISCAL IMPACT:
There is no fiscal impact on the City for taking this action. According to the information
provided by the League of California Cities, the FIP will create a severe economic hardship on
the State of California. An independent analysis of the FIP shows that this plan will cost
California 950 billion annually and result in 500,000 jobs lost.
Attachment: League of California Cities Communication
RESOLUTION NO.
A RESOLUTION OF ~ CITY COUNCIL OF THE CITY
OF TEMECULA TO STOP TFrE $50 BILLION DOLLAR ~
BEFORE IT STOPS CALWORNIA.
WHEREAS, the environment and cleaner air is important to every Californian: and
WHEREAS, billions of dollars have already been spent, and will continue to be spent,
by the public and private sectors to achieve additional clean air benefits and clean air goals; and
WHEREAS, multiple federal, state and local regulations require all businesses to reduce
air emissions using expensive new technologies; and
WHEREAS, California has suffered dramatic job and revenue losses, and is just
beginning to recover from the recent economic recession; and
WHY~REAS, the Federal Implementation Plan (FIP) being forced on California would
cause economic havoc; and
WHY. PEAS, this 1,700 page plan will go into effect February 15, 1995, unless halted
now; and
WIFFEPEAS, the FIP proposes unattainable emission standards for California ports,
planes, ships, railroads, trucks and every other mobile source; and
WITEPEAS, an independent analysis of the FIP shows this air plan would cost California
$50 billion annually and up to 500,000 jobs; and
WIlE. PEAS, the California School Boards Association and School Transportation
Coalition reports the FIP would cost California schools more than $600 million by rendering
most school buses obsolete; and
WHEREAS, forcing school buses off the road means at least 800,000 more cars on the
road every day, with parents taking their kids to school which would cause more traffic
congestion; and
WHEREAS, the FIP would cost the Los Angeles area economy alone $35 billion,
eliminate 345,000 jobs and disproportionately harm small businesses, minorities and
economically disadvantaged people; and
WITEREAS, the FIP will cost counties hundreds of millions of dollars to ml~lace engines
on trucks, ambulances, fire-fighting equipment, trash haulers and other diesel operated vehicles,
and
California Small Business United, Western United Dairymen, Los Angeles Customs & Freight
Brokers Ass'n, Eastern States Petroleum Ass'n, California Tomato Growers Ass'n, Southern
California Business Ass'n, Los Angeles County Hotel/Motel Group, San Jose Chamber of
Commerce, California Cattlemens' Ass'n, Dairyman's Cooperative Creamery Ass'n, Industry
Manufacturers Council, California Business Properties Association, California Moving & Storage
Ass'n, California Ass'n of Nurserymen, Raley's, Los Angeles County Aviation Commission,
Market Wholesale Grocery Company, Campbell's Soup Co., American Medical Response,
Home Express, San Gabriel Valley Commerce and Cities Consortium, Associated General
Contractors, Central California Education Legislation Consortlure, California League of Food
Processors, Ace Hardware Corporation and many others in opposition to the Federal
Implementation Plan (FIP) and requests the White House to take the necessary and immediate
action to halt its implementation.
Section #1. The City Clerk shah certify to the passage and adoption of this Resolution.
City of Monrovia City of Ontario City of Fillmore
C~tob~r 11, 1994
To: Mayor, Mayor Pro Tem and Cotwailmembers
From: Mayor Bob Bartlett
City of Montovia
Pp~i__d~nt, Lesgu~ of C=llfornia Cities
Mayor Gus James -~kropos
City of Ontario
Mayor Linda Btewster
City of Fillmore
P~: Cities impacted by the Federal Implementation Plan (FIP)
~ Federal Government is about to hit us with a multi-billion dollar disaster that will con $50
billion and 500,000 lost jobs. And we want your help to stop it.
The U.S. Environmenial Protection Agency (EPA) has proposed for CAI.I~ORNIA-ONLY
draconian new air quality rules known as the Federal Implementation Plan CHP) that strike at
the economic heart of our slate and cities.
Hastily assembled, the t--li' is a 1,700-page cut-and-paste job which adds up to the most
expensive and ex~me sir regnh~nns ever proposed. It hits all mobile sources -- inClUding
trains, planes, ships, minks, amb,,1.nces, school buses, agricultural equipment - and much,
much more.
Not only has EPA provided litfie, if any, scientific documentation for the FIP rifles, in i,i~'tice,
they could acV,~11y increase pollution. According to the Sacramento Bee: *... the FIP would
cripple the state economically without n__"~'-arily producing many air-q-nlity benefits.'
According to Federico Pena. U.S. Secreraly of Tranlpormtion:
"We believe that the plans will have extreme and unacceptable levels of impact on the
economy, employment, and the free flow of commerce in the South Coast area."
According to l. mes Stro~k. Secttory. California Environmental Protection Agency:
"California, alone among all the states, is being led into a bleak, back-alley legal process
for which there is no p_rec__~d_ent, no environmental rationale, no defense, and seemingly,
no end. *
While we applaud the FIP's goal of cleaner air - even the U.S. EPA ~dmits it cannot guarantee
its olan will achieve lhat goal. To quote the EPA, 'quantif34ng these benefits has proven
difficult."
~lere's some of the FIP hOgacts:
· An independent analysis of the FIP shows this plan will cost Cnlifornia $50 billion
snnuallv and result in .~00.000 lost jobs.
· Trucking costs alone will run $3 billion to $5 billion ~,,~lbr ~ that means an
approximate 30% freight rate increase aexoss the board.
· Restrictions on airline otgrations will have a devastating impact. Flights in and out of Los
Angeles could be cut back by as much as 70%. This would be a devastating shock on the
California tourist, entertainment, convention, hotel and restaurant industries - and result in
massive unemployment for relatively low-income service trades.
· The C~llfornia School Boards Association and the School Trauspormtlon Coalition report
that the FIP w~ll cost C~llfomia schools more than $600 million and render most current
school buses obsolete. Forei~ school buses off the road means at le~t 800.000 more
cars on the road, every day, with parents taking their kids to school Not only does that
inconvenience parents, it makes traffic congestion worse.
· C~liforRia agriculture will stiffer a huge blow from the FIP's transportation, pesticide and
forced vehicle and equipment replacement. The Saticoy Lemon Growers Association which
represents 300 Vantun-area citrus farmers said the 1~'11· would cause a major di~rUptj. on to
· The FIP will cost the Los Angeles area economy alone $35 billion, eliminate 345,000jobs
and disproportionately harm small businesses, minorities and economically disadvantaged
people; and
impacts on cities:
Hundre~ls of millions of dollars to replace engines on trucks, ambulances, fire-
fighting equipment, trash haulera and other vehicles. And hefty costs in fines and
fees.
Prematurely forces cities to switch its fleets to alternative fuel vehicles which will
require the installation of fueling facilities that cost approximately
$750,000 per site.
Removes local control on air quality issues and gives it to the federal government.
FIP fines, fees and engine replacements apply throughout the state and to all dries for
all on-road ~uil)ment. not just the three non-attainment districts.
Cities rely on a healthy economy and the FIP costs to local b-~inesses will strike an
additional blow to our state's economic recovery.
The FIP was never voted on by Congress. No 0omocrafically el_~__ed official was part of
its creation and C~qlirorilialls had only three hearings to publicly commP, Rt.
A broad-based statewide coalition opposed to the FIP is growht daily. More than 100
org~niTmlons and businesses inCludin~ the California Chamber of Commerce, C.~llfornia
Manufacturers Ass'n, C~|iforlxia School Boards Ass'n, California Taxpayers' Ass'n,
Califor~ia Clrocers Ass'n, Ag~6llltlll~ Conncil Of P~llfoIltia, Califorllh Rel~il Air Quality
Coalition, C~ifornia Trucking Ass'n, Ope~ti,~$ Engineers, Local Union No. 3, l~i~k
Producers Council, Air Transport Ass'n, School Trnn-.m)ortation Coalition, C~lifoHlia
Restaurant Ass'n, National Federation of Independent B-~iness, Western United Dairymen,
California Farm Bureau Federation and many othen want the FIP stopped.
We want you to take the followln9 two actions immedi~elV:
Action #1: Sign and'return the enclosed FIP opposition form.
Action//2: Pass a resolution in opp_t~ion to the FIP. Enclosed is a ~mple resolution
for your consideration.
We all care about our environment and want cleaner air. But cleaner air should be achieved
through smarter, and more cost-effective methods that don't destroy our state's economy.
If you have any questions, pl~ don't hesitate to call one of us or Eric lensen,
Coordinator - Stop the PIP Coalition at (415)340-0470.
Thank you for your immolate action. We look forward to hearing from you.
A~'FF2~rlON LOCAL I~.I-!?CTED OFFICIALI Sitm and return tod~v!
STOP T1TE FI?! Local Elected Official Opposition Form
PLEASE ADD MY NAME TO TWE STATEWIDE *STOP ~ ~ COALITION that
includes the California Chamber of Commerce, California Manufacturers Aas'n, California
School Boards Ass'n, California Taxpayers Ass'n, California Trucking Ass'n, Air Transpox~
Ass'n, California Farm Bureau Fedexation, California Restaurant Ass'n, National Federation of
Independent Business, Home Depot, Raley's, Campbell's Soup Company, California School
Transportaton Coalition, United Parcel Sexylet (UPS), California Building Industry Ass'n,
Operating Engineers, Local Union No. 3, Western T~ffic Conference, California Rr. tail A~r
Quality Coalition, California Grocers Ass'n, Mexican-American Grocers Ass'n, Agricultural
Council of ~alifornia, ]Vfilk Producers Council, California Sxnall Busine.ss Unite~, We~t~'n
Unit~t Dairymen, Los Angeles Custom & Freight Bmk~x~ Ass'n, W~SWA'n State~ Petrnl~um
Ass'n, California Pear Growers Ass'n, California Townto Growers Ass'n, Southern California
Business Ass'n, Los Angeles County Hotel/Motel Gn~up, San Jose Chamber of Commen~,
Cajifornia Cattlemens' Ass'n, Dairyman's Cooperative Creamery Ass'n, Grower-Shipper
Vegetable Ass'n of Cenu'-al California, Indusn'y Manufacturers Council, Ca~fornia Grain and
Feed Ass'n, C. aliforuia Independent Petroleum Ass'n, California Business Properties Association,
California Con Growera, California Moving & Storage A~'n, California A~'n of Nur~--rymen,
Raley's, Market Wholesale Grocery Coml~ny, CamphelPs Soup Co., American Medical
Response, Home Express, Mac TooLs, San Gabriel Valley Commexce and Cites Consorturn,
California Planting Cotton Seecl Distributors, Associated General Contractors, Central California
Education Legislation Consortlure, California L~gue of Food Proce~or~, Ontario Chamber of
C6mmerce, John Kautz t:anns, Ace I-Iardwar~ Corporation and many others.
COUNT ME IN. I OPPOSE ~ FIP. I support cleaner air but the Federal
Implementation Plan (FIP) makes no sense for California. Then are smarter ways to
achieve cleaner air without costing the state $50 billion and 500,000 lost jobs.
You may use my name publicly In opposition.
(Please print) Date
Printed Nanae
Authorized Signature
District
Mailing Address
Phone Fax
Please return to STOP THE FIP!:
Fax: (415) 375-8148 Mail: 111 An-n B!vd.,//406, Burlingame, CA 94010.
SAMPI ,F, CITY RESOLUTION
Stop the $50 Billion Dollar FIP
before it stops California
Wttl:-REAS; The environment and cleaner air is important to event Californian; and
WltEREAS; Billions of dollars have already been spent, and will continue to be spent, by the public and
private sectors to achieve additional clean air benefits and clean air goalS; and
Wl:52REAS; Multiple federal, state and local regulations require all businesses to reduce air emissWns using
expensive new technnlogies; and
WIP~,F_AS; California has suffered dramatic job and revenue losses, and is just beginning to recover from
the recent economic recession; and
WI~v;REAS; The Federal Implementation Plan (FIP) being forced on California would cause economic havoc;
and
WI:fi~EAS; This 1,700 page plan will go into effect February 15, 1995, unless halted now; and
WWE~REAS; The FIP proposes unat'tainable emission standards for C~lifornia ports, planes, ships, railroads,
trucks and every other mobile source; and
WI~EREAS; An independent analysis of the FIP shows this air plan would cost California $50 billion atw
and up to 500,000 jobs; and
WI:fER.EAS; The California School Boards Association and School Transportation Coalition reports the FI~'
would cost California schools more than $600 willion by rende~ng most school buses obsolete; and
WFW. REAS; Forcing school buses off the road means at least 800,000 more can on the road every day, with
parents taking their kids to school which would cause more traffic congestion; and
W!~E~REAS; The FIP would cost the Los Angeles area economy alone $35 billion, eliminate 345,000jobs and
disproportionately harm small businesses, minorities and economicaily disadvantaged people; and
WHEREAS; The FIP will cost counties hundreds of willions of dollars to replace engines on trucks,
ambulances, fire-fighting equipment, trash hattiers and other diesel operated vehicles, and
WFIF. REAS; THE FIP FINES. FEES AND ENGINE RF. PLACEIVflS?fF llF. GULATIONS APPI,Y
THROUGHOUT THE STATE AND TO ALL C1YIY_S FOR ALL ON-ROAD EOUIPMENT. NOT .lUST
THE THREE NON-A~fAINMENT DISTRICTS; and
WHEREAS; WT-IU.E CITIES SUPPORT CLEANER AIR, TI-IE FIP Wu.T. P~TUI~P-I.Y FORCE
COUNTrI~.~ TO SWITCH 1TS FLEETS TO ALTERNATIVE FUEL VEHICLES WHICH WOULD REQUIRE
INSTALLATION OF FUngi J]qG FACILITIES THAT COST A MINIMUM OF $1 IVffLLION PER SITE; and
WHEREAS; C1TIES WILL BE RESPONSIBLE FOR PAYING THE I-t'F.~-xY COSTS FOR 5.
FACILITIES, FINES, FI~.I=_~ AND NEW EQUIPMENT; and
WHEREAS; CITIES RELY ON A HEALTHY ECONOMY AND THE PIP COSTS TO LOCAL
BUSINESSES WOULD STRIKE AN ADDITIONAL BLOW TO CITIES AND M STA'fI::'S ECONOMIC
RY:t'OVERY; and
The FIP removes local control on air quality issues and gives it to the federal government; and
Wltl~.REAS; We applaud the FIP's goal of cleaner air but the U.S. EPA slates it cannot guarantee its plan will
achieve the goal and that the FIP's benefits have been difficult to quantify; and
WltF. REAS; The Secretary of the California Enviwnmenlal Protection Agency says about the FIP:
"California, alone among all the slates, is being led into a bleak, back-alley legal p_roces__s for which them is
no precedent, no environmental rationale, no defense, and seemingly, no end"; and
WNE1F, AS; The League of California Cities President, Monrovia Mayor Bob Bartlett states: ,r .lh~ every
C~lifornian, we all want cleaner air, but turning the s~t~ upside down to support bureaucratic regulations
without any guarantee of achieving the goal is, forgive me, crazy*; and
WltlgREAS; The FIP was never voted on by Congress; no democratically elected federal, slam or local
official was part of its creation and the California public has had only three hearings to publicly comment; and
NOW, TErlg~RI~.I~2)RE, BE IT Ilv-qOLVED the City Council joins with the cities of
Ontario, Hawthorne, Colton, Camarillo and Fillmore; the C~llfomia Chamber of Commerce, C~llfornil
Manufacturers Ass'n, California School Boards Ass'n, California Taxpayers Ass'n, C,~llfornia Trucking Ass'n,
Air Trsnspon Ass'n, California Farm Bureau Federation, California Restaurant Ass'n, National Federation of
Independent Business, Home Depot, Raley's, Campbell's Soup Company, California School Transportation
C ~ion, California Building Industry Ass'n, Operating Engineers, Local Union No. 3, Western Traffic
L ~-rence, California Retail Air Quality Coalition, California Grocers Ass'n, Mexican-American Grocers
Ass'n, Agricultural Council of California, Milk Producers Council, California'Small Business United, WesUn'n
United Dairymen, Los Angeles Customs & Freight Bwlcers Ass'n, Western S~r~ Petroleum Ass'n, C~llforllia
Tomato Growers Ass'n, Southern California Business Ass'n, Los Angeles County HotelflVlolel Group, San Jose
Chamber of Commerce, California Cattlemens' Ass'n, Dairyman's Cooperative Creamery Ass'n, IndusWy
Manufacturers Council, California Business Properties Association, California Moving & Storage Ass'n,
California Ass'n of Nurserymen, Raley's, Los Angeles County Aviation Commi-~ion, Market Whole~le
Grocery Company, Campbell's Soup Co., American Medical Response, Home Express, San Gabriel Valley
Commerce and Cities Consortlure, Associated General Contractors, Central California Education Legi~htlon
Consortlure, California League of Food Processors, Ace Hardware Corporation and many othen in opposition
to the Federal Implementation Plan (FIP) and requests the While House to ~k~ the necessary and immediate
action m halt its implementation.
Authorized Signature
Title Date
Address Phone FAX
Please return to: STOP ~ FIP at FAX (415) 340-1740 or (415) 375-8148. MAll. TO: 111/knTn Blvd.,
//406, Burling~me, CA 94010; (4153 540-0470.
ITEM 9
FINANCE OFFICER
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
PREPARED BY:
City Manager/City Council
Genie Roberrs, Interim Finance Officer
November 15, 1994
General Liability Insurance Renewal
Luci Romero, Financial Services Administrator
RECOMMENDATION: Approve the renewal of the City's Municipal General,
Automobile, and Public Officials Errors and Omissions Liability insurance policy with
Insurance Company of the West, the annual premium is $98,633, and Automobile
Physical Damage, at a premium of $5,869.
DISCUSSION: The City's current liability insurance policy with Insurance
Company of the West expires on December 1, 1994. Staff, in conjunction with the
City's insurance broker, Mike Bush, who represents CaI-Surance, reviewed the
proposals received from eight municipal insurance carriers:
2.
3.
4.
5o
6.
7.
8.
Insurance Company of the West (ICW)
Reliance Insurance Co. (Reliance)
American International Group Companies (AIG)
Cigna Insurance (Cigna)
Home Insurance Comicany (Home)
Municipal Mutual Insurance Company (MMIC)
National Casualty Insurance Company (National)
Associated International Insurance Company (All)
The proposals were reviewed on the basis of: 1) Policy form; 2) Policy limits and
provisions; 3) Company's knowledge of the industry; 4) Company stability; and 5)
Customer service.
The City desires to maintain an 'Occurrence' policy, not a 'Claims Made' policy form
for all coverages. Essentially, a Claims Made policy is only valid during the policy
period, because the claim must be filed during the POliCy term. The Occurrence policy
insures during the term of the policy period, however claims may be filed after the
policy term. Three of the above companies provide the Occurrence policy form: ICW;
Home; and; MMIC. ICW proposed the highest aggregate limits. Additionally, ICW
demonstrated extensive and long-term knowledge of the municipal insurance arena,
along with sound company stability. Further, the City, through direct experience, has
received beneficial and responsive customer service from ICW.
Based upon the analysis of the proposals, staff recommends renewal of the policy
with Insurance Company of the West (ICW) at an annual premium of $98,633. There
are no revisions proposed in the policy, which specifies coverage of $1,000,000 plus
$4,000,000 in excess coverage. The policy is written on an occurrence form,
provides a $50,000 Self-Insured Retention (SIR) level and includes an extended
reporting period provision. Additionally, the Temecula Community Services District
and the Temecula Redevelopment Agency are also named as insured.
The general liability insurance renewal also includes coverage for automobile physical
damage. Previously this coverage has been provided by another insurer. In
anticipation of the expiration of the auto physical damage policy, new proposals were
obtained from the following companies:
2,
3.
4.
Chubb Custom Insurance Company
Insurance Company of the West
Home Insurance Company
Fireman's Fund Insurance Company
The proposals were evaluated on the basis of coverage, deductible and premium.
Based upon this review, staff recommends Insurance Company of the West, The
proposal submitted by ICW includes the following provisions:
Coverage:
Deductible:
Premium:
Actual Cash Value; Comprehensive/Collision
$1,000 Comprehensive
$2,500 Collision
$5,869
Should the City Council authorize renewal of the general liability policy with ICW, the
auto physical damage with be added by way of endorsement to the policy, at an
additional premium of $5,869.
FISCAL IMPACT: Adequate funds for the general liability premium amount are
appropriated in the Insurance Internal Service Fund, account number 300-199-999-
5200. Adequate funds for the automobile physical damage premium amount are
appropriated in the Insurance Internal Service Fund, account number 300-199-999-
5201.
attachment: ICW Proposal
INSURANCE COMPANY OF THE WEST PROPOSAL
B.
C.
D.
COMPANY: INSURANCE COMPANY OF THE WEST (A:VIII/ADMITTED
TERM: 12-01-94/95
FORM: OCCURRENCE
LIMIT/COVERAGE (PRIMARY)
PREMIUM
91,000,000 OCCURRENCE EXCESS OVER
SELF-INSURED RETENTION (S.I.R.)
95,000,000 AGGREGATE
MUNICIPAL GENERAL LIABILITY
INCLUDED
91,000,000 OCCURRENCE EXCESS OVER S.I.R.
91,000,000 AGGREGATE
PUBLIC OFFICIAL'S ERRORS & OMISSIONS
91,000,000 OCCURRENCE EXCESS OVER S.I.R.
NO AGGREGATE
MUNICIPAL AUTOMOBILE LIABILITY
(OWNED, NON-OWNED & HIRED AUTOMOBILE)
SELF-INSURED RETENTION: 950,000
LIMIT/COVERAGE (EXCESS)
94,000,000 OCCURRENCE EXCESS
OVER UNDERLYING
PREMIUM
INCLUDED
94,000,000 AGGREGATE
MUNICIPAL GENERAL LIABILITY
$4,000,000 OCCURRENCE EXCESS OVER
UNDERLYING
$4,000,000 AGGREGATE
PUBLIC OFFICIAL'S ERRORS & OMISSIONS
$4,000,000 OCCURRENCE EXCESS
NO AGGREGATE
OVER UNDERLYING
MUNICIPAL AUTOMOBILE LIABILITY
TOTAL LIMITS (D & F)
$5,000,000 OCCURRENCE EXCESS OVER
SELF-INSURED RETENTION (S.I.R.)
$9,000,000 AGGREGATE
MUNICIPAL GENERAL LIABILITY
$5,000,000 OCCURRENCE EXCESS OVER S.I.R.
$5,000,O00AGGREGATE
PUBLIC OFFICIAL'S ERRORS & OMISSIONS
$5,000 OCCURRENCE EXCESS OVER S.I.R.
MUNICIPAL AUTOMOBILE LIABILITY
PREVIOUS YEARS' PREMIUMS
1991
a. Premium & Broker Fee $97,727
b. CIGA Fee 466
c. Extended Reporting 2,674
Period
d. TOTAL PREMIUM $100,867
1992
$97,846
N/A
N/A
$97,846
PREMIUM
$95,133
+ 3.500 BrokerFee
$98,633
1993
$103,000
N/A
N/A
$103,000
1994
$98,633
N/A
In~l.
$98,633
ITEM 10
APPROVA~
CITY ATTORNEY
FINANCE OFFIC R
CITY MANAGE
TO;
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Interim Director of Public Works/City Engineer
November 15, 1994
Completion and Acceptance of the Pre-cast T-sections Portion of the
Liefer Road Bridge and Street Improvements, Project No. PW93-02
RECOMMENDATION:
That the City Council:
a) Accept the pre-cast bridge T-sections portion of the Liefer Road Bridge and Street
Improvements, Project No. PW93-02, as complete, and
b) Direct the City Clerk to file the Notice of Completion.
BACKGROUND:
In January of 1993, the City of Temecula received a significant amount of rainfall. The floods
resulting from those events had an impact on a number of public and private facilities. In at
least one instance, within the City limits, the residents of a neighborhood were without any
access due to the floods. Liefer Road was severed at its intersection with Nicolas Road
leaving homeowners stranded for a number of days.
In response to concern for public health and safety, Staff met with the Fereral Emergency
Management Agency (FEMA} and the State of California Office of Emergency Services (OES)
representatives after the storms to discuss the potential for Federal and State funding for the
design and construction of a "crossing" at that location.
On November 9, 1993, the City Council awarded a contract for the supply and installation of
pre-cast bridge tees for the Liefer Road Bridge and Street Improvements, Project No. PW93-
02, to Spancrete of California for $20,650.00. This portion of the proiect included the
installation of pre-cast bridge T-sections for the construction of a sixty-two foot (62') long
concrete bridge over the Santa Gertrudis Creek.
r:~agdrpfi94~lllS\pw93~32s.acc
The Contractor has completed the work in accordance with the approved plans and
specifications and within the allotted contract time to the satisfaction of the City Engineer.
The construction retention for this project will be released thirty-five (35) days after the Notice
of Completion has been recorded,
FISCAL IMPACT:
On November 9, 1993, the City Council awarded a contract for the supply and installation of
pre-cast bridge tees for the construction of Liefer Road Bridge and Street Improvements, to
Spancrete of California for $20,650.00. There were no change orders associated with this
portion of the project. This project is up to 93.75% reimbursable by the Federal Emergency
Management Agency (FEMA) and the State of California Office of Emergency Services per
Damage Survey Report Number 97284. The remaining cost should be reimbursed to the City
through a future assessment district for improvements to Liefer Road.
Attachments:
1. Notice of Completion
2. Contractor's Affidavit
r:~agdt~t\94~lll~\pw~3-O2s.acc
RECORDING REQUESTED BY
AND RETURN TO:
CITY CLERK
CITY OF TEMECULA
43174 Business Park Drive
Temecula, CA 92590
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The City of Temecula is the owner of the property hereinafter described.
2. The full address of the City of Temecula is 43174 BUsiness Park Drive, Temecula,
California 92590.
3. A Contract was awarded by the City of Temecula to Spancrete of California to perform
the following work of improvement:
Supply and install pre-cast bridge tees for the Liefer Road Bridge and Street
Improvements, Project No. PW93-02.
4. Said work was completed by said company according to plans and specifications and
to the satisfaction of the Director of Public Works of the City of Temecula and that said work
was accepted by the City Council of the City of Temecula at a regular meeting thereof held
on November 15, 1994.
5. The property on which said work of improvement was completed is in the City of
Temecula, County of Riverside, State of California, and is described as follows:
Spancrete of California Pre-cast Bridge T-sections portion of the Liefer Road Bridge and
Street Improvements, Project No. PW93-02.
6. The street address of said property is: INTERSECTION OF LIEFER ROAD AND NICOLAS
ROAD, OVER THE SANTA GERTRUDIS CREEK,
Dated at Temecula, California, this 15th day of November. 1994.
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
' JUNE S. GREEK, City Clerk
I, June S. Greek, City Clerk of the City of Temecula, California and do hereby certify under
penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that
said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of
the County Recorder of Riverside by said City Council.
r:~agdtpt\94\1115\pwg~-O2s.ncc
ITEM 11
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM: ~"/~
DATE:
City Manager/City Council
Joseph Kicak, Interim Director of Public Works/City Engineer
November 15, 1994
SUBJECT:
Solicitation of Bids for the Acquisition of Right-Of-Way Weed Control
Applications Contract (Project No. PW94-20)
PREPARED BY: ~9~ Brad Buron, Maintenance Superintendent
RECOMMENDATION:
That the City Council authorize the Department of Public Works to solicit public bids for the
annual right-of-way weed control contract (Project No. PW94-20).
BACKGROUND:
The 1994-1995 program of services for the Public Works Maintenance Division includes pre-
emergent and post-emergent applications for right-of-way weed control, in order to maintain
a neat, weed free right-of-way and in order to insure visibility at intersections. The contract
for applications for right-of-way weed control is large enough that the request for bid
proposals must be advertised and sealed bids received in order to determine the lowest
responsible bidder.
FISCAL IMPACT:
$35,000 is included in the Fiscal Year 1994-95 budget in the Public Works Maintenance
Account No. 100-164-601-5402 for right-of-way applications.
Attachments:
Exhibit "A" Scope of Work
r:~agdtpfi94~l 115\pw94-20.bid/ajp
ATTACHMENT "A"
ATtACHMENT"A" AA-1 r:\cip~ptojects~pw94-20~bidpkg 10111/94
ITEM 12
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
TO:
FROM:
DATE:
S U BJ E CT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
Joseph Kicak, Interim Director of Public Works/City Engineer
November 15, 1994
Funding Agreement for Murrieta Creek Botanical Assessment Consultant
Services
PREPARED BY: Raymond A. Casey, Principal Engineer - Land Development
)~f~/Albert K. Crisp, Permit Engineer
RECOMMENDATION:
That the City Council:
Approve the attached agreement between the Riverside County Flood Control and
Water Conservation District, (DISTRICT), Kemper Community Development Company,
(DEVELOPER), and the City of Temecula, (CITY), providing for the financing of
Botanical Assessment Consulting (CONSULTANT) services required as a condition of
the issuance of an Emergency Permit by the U.S. Army Corps of Engineers following
the January 1993 flooding;
Appropriate eight thousand nine hundred dollars ($8,900.00) in the Public
Works/Special Projects account for a deposit as the estimate of CITY'S share for cost
of CONSULTANT'S work on the reach of the Murrieta Creek Channel not owned by
either DEVELOPER or DISTRICT.
BACKGROUND:
In the Spring of 1993, the U.S. Army Corps of Engineers issued an emergency permit
jointly to the Riverside County Flood Control and Water Conservation District (DISTRICT),
Kemper Community Development Company, (DEVELOPER), and the City of Temecula, (CITY),
following the flooding along Murrieta Creek Channel so that the three parties could undertake
emergency flood protection and remedial/restorative work along said Creek.
One condition for the approval of this emergency permit was that a botanical assessment in
the Murrieta Creek Channel be performed. The accompanying Funding Agreement sets forth
the financial responsibility of the parties, the required deposit, the accounting process, and the
process for reimbursement or additional deposits required.
r:~aidrt,t\94~l 115~nurcd~bo.~au
The CONSULTANT selected is Tierra Madre Consultants, inc. The DISTRICT will administer
the Consulting Services Agreement for convenience purposes. A copy of this agreement is
included in the Funding Agreement package.
FISCAL IMPACT:
This project will require an appropriation and deposit. There is a possible increase in or
reimbursement of a portion of the deposit depending on final accounting determination.
CITY'S initial deposit is in the amount of $8,900 to be placed in the Public Works/Special
Projects Account No. 100-164-603-5248.
Attachment: Funding Agreement/DISTRICT, DEVELOPER, AND CITY
Consulting Services Agreement/DISTRICT and CONSULTANT
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FUNDING AGREEMENT
The RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT, ("DISTRICT"), the CITY OF TF2{ECULA, ("CITY"), and
K~PER COb~UNITY DEVELOPMENT COMP/U~Y, ("DEVELOPER"), hereby agree
as follows:
RECITALS
A. In the Spring of 1993, the U.S. Army Corps of Engineers
issued Emergency Permit No. 93-291-RS ("PERMIT") jointly to
DISTRICT, CITY and DEVELOPER after devastating flooding occurred
along Murrieta Creek Channel so that DISTRICT, CITY and DEVELOPER
could undertake emergency flood protection and remedial/
restorative work along CREEK; and
B. As part of PERMIT, a botanical assessment in Murrieta
Creek Channel is required; and
C. DISTRICT, CITY and DEVELOPER will each contribute
toward the cost of a consultant ("CONSULTANT") an amount which
will cover the costs of CONSULTANT to perform the required
botanical assessment on DISTRICT'S, CITY'S and DEVELOPER'S
respective reaches of Murrieta Creek Channel; and
D. For convenience, the DISTRICT will administer a
consulting services agreement on behalf of DISTRICT, CITY and
DEVELOPER for CONSULTANT to perform the required botanical
assessment. A copy of the consulting services agreement is
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attached hereto substantially in final form as Exhibit "A" and
thereby made a part hereof.
IT IS THEREFORE, mutually agreed as follows:
1. DISTRICT shall administer a consulting services
agreement with CONSULTANT to perform the botanical assessment
required as part of PERMIT.
2. CITY has deposited eight thousand nine hundred dollars
($8,900.00) as an estimate of CITY'S share for cost of
CONSULTANT'S work on CITY'S reach of Murrieta Creek Channel. A
final itemized accounting of all costs by CONSULTANT shall be
made by DISTRICT within forty-five (45) days after completion of
CONSULTANT'S work. Should additional funds be required, CITY
shall pay DISTRICT within thirty (30) days after receipt of
invoice. If the deposit exceeds CONSULTANT'S work costs,
DISTRICT will reimburse CITY within thirty (30) days.
3. DEVELOPER has deposited nine thousand three hundred
fifty dollars ($9,350.00) as an estimate of DEVELOPER'S share for
cost of CONSULTANT'S work on DEVELOPER'S reach of Murrieta Creek
Channel. A final itemized accounting of all costs by CONSULTANT
shall be made by DISTRICT within forty-five (45) days after
completion of CONSULTANT'S work. Should additional funds be
required, DEVELOPER shall pay DISTRICT within thirty (30) days
after receipt of invoice. If the deposit exceeds CONSULTANT'S
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work costs,
days.
DISTRICT will reimburse DEVELOPER within thirty (30)
Each party, as to any claim or liability arising out of
any act or omission with references to any work performed by or
authority delegated to such party as a result of this agreement,
shall save, defend, indemnify and hold harmless the other parties.
and their officers and employees from all liability for death or
injury to person, or damage to property, or claim therefor.
5. Any notices sent or required to be sent to either party
shall be mailed to the following addresses: ~
RIVERSIDE COUNTY FLOOD CONTROL CITY OF TEMECULA
AND WATER CONSERVATION DISTRICT 43174 Business Park Drive
1995 Market Street Temecula, CA 92590
Riverside, CA 92501-1719 Attn: Ray Casey
KEMPER COMbg3NITY DEVELOPM]ENT, CO.
27555 Ynez Road
Suite 202
Temecula, CA 92591
Attn: Mr. Dennis Chiniaeff
6. This agreement is the result of negotiations between
the parties hereto, and the advice and assistance of their
respective counsel. The fact that this agreement was prepared as
a matter of convenience by DISTRICT shall have no import or
significance. Any uncertainty or ambiguity in this agreement
shall not be construed against DISTRICT because DISTRICT prepared
this agreement in its final form.
7. Any waiver by DISTRICT, CITY or DEVELOPER of any breach
by the other of any one or more of the terms of this agreement
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shall not be construed to be a waiver of
breach of the same or of any other term hereof.
part of DISTRICT, CITY or DEVELOPER to require
any subsequent or other
Failure on th~
exact, full and
complete compliance with any term of this agreement shall not be
construed as in any manner changing the terms hereof, or
estopping DISTRICT, CITY or DEVELOPER from enforcement hereof.
8. This agreement is intended by the parties hereto as a
final expression of their understanding with respect to the
matters herein, and is a complete and exclusive statement of the
terms and conditions thereof. This agreement shall not be
changed or modified except by the written consent of all parties
hereto.
//
//
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IN WITNESS WHEREOF, the parties hereto have executed this
agreement on
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
KENNETH L. EDWARDS
General Manager-Chief Engineer
By
Chairman,
Board of Supervisors
APPROVED AS TO FORM:
ATTEST:
WILLIAM C. KATZENSTEIN
County Counsel
ByD
)~uty
Dated 7-
GERALD A. MALONEY
Clerk of the Board
By
Deputy
(SEAL)
RECOMMENDED FOR APPROVAL:
City Engineer
Dated //- '/- e
APPROVED AS TO FORM:
By
City Attorney
CITY OF TEMECULA
By
Mayor
ATTEST:
By
City Clerk
(SEAL)
KEMPER COb~4UNITY DEVELOPMENT, CO
By
Title
( NOTARY )
-5-
EXHIBIT "A"
Consulting Services Agreement
for Botanical Assessment
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DISTRICT,
CONSULT/~NTS,
as follows:
1.
CONSULTING SERVICES AGREEMENT
RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION
hereinafter called "DISTRICT", and TIERRAMADRE
INC., hereinafter called "CONSULTANT", hereby agree
PROJECT - CONSULTANT shall perform consulting services for
the project described as Murrieta Creek Biological
Assessment for U.S.C.O.E. Emergency Permit No. 93-291-RS,
Project No. 7-0-0020.
SCOPE OF SERVICES - CONSULTANT shall furnish tools,
equipment, facilities, materials and labor necessary to
perform in a complete, skillful and professional manner
those consulting services described on Attachment "A" hereto
and made a part hereof.
TIME FOR PERFORMANCE - CONSULTANT shall commence performance
of service upon execution of this Agreement, and shall
diligently perform the services for a period of one year
after the date of commencement.
COMPENSATION - DISTRICT shall pay CONSULTANT for services
performed and expenses incurred in accordance with the
standard rates set forth on Attachment "B" hereto and made a
part hereof. The total amount of compensation paid to
CONSULTANT under this Agreement shall not exceed the sum of
forty thousand dollars ($40,000) unless a written amendment
to this Agreement is executed by both parties prior to
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performance Of additional services.
5. PAYMENT - Payments to CONSULTANT shall be made by DISTRICT
following satisfactory performance of the services as set
forth herein and within thirty (30) days after DISTRICT'S
receipt of appropriate monthly invoices from CONSULTANT.
CONSULTANT shall keep employee and expense records according
to customary accounting methods and such records shall be
available for inspection by DISTRICT to verify the invoices
of CONSULTANT. All invoices shall itemize charges to
conform with the portion(s) of work and estimated costs as
set forth on Attachment "B".
6. LICENSES - CONSULTANT, its employees, agents, contractors
and subcontractors shall maintain professional licenses
required by the laws of the State of California at all times
while performing services under this Agreement.
7. PERMITS AND RIGHTS OF ENTRY - DISTRICT will obtain all
rights of entry as may be required to perform the proposed
consulting services within and upon privately-owned
property. All permits and rights of entry as may be
required from any and all affected public entities shall be
obtained by CONSULTANT. Sufficient
obtained such permits and/or rights
furnished to DISTRICT by CONSULTANT,
evidence of having
of entry shall be
prior to initiation of
work. CONSULTANT will prosecute the work in such a manner
as to minimize public inconvenience and possible hazard,
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10.
will restore the streets and other work areas to their
original condition and former usefulness as soon as
practicable. CONSULTANT shall be responsible for the
protection of public and private property adjacent to the
work and shall exercise due caution to avoid damage to such
property.
NOTICES - Any and all notices sent or required to be sent to
the parties of this Agreement will be mailed by first class
mail, postage prepaid, to the following addresses:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
1995 Market Street
Riverside, CA 92501-1719
TIERRAMADRE
CONSULTANTS, INC.
1159 Iowa Avenue, Suite E
Riverside, CA 92507
WORKER'S COMPENSATION INSURANCE - CONSULTANT certifies that
it is aware Of the laws of the State of California requ.iring
employers to be insured against liability for worker's
compensation and shall comply with such laws during the term
of this Agreement.
INDEMNITY AND HOLD HARMLESS - CONSULTANT agrees to and shall
indemnify and hold DISTRICT, its officers, employees and
agents free and harmless from all claims, actions, d~ma~es
and liabilities of whatsoever kind and nature arising from
death, personal injury, property damage or other cause
asserted or, based upon any negligent act or omission of
CONSULTANT, its employees, agents, invitees, or any
subcontractor of CONSULTANT relating to or in any way
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connected with the accomplishment of the work or perform~
of services under this Agreement, regardless of the
existence or degree of fault or negligence on the part of
DISTRICT or any officer or employee of said DISTRICT, other
than the active negligence of DISTRICT, its officers,
employees or agents. As part hereto of the foregoing
indemnity CONSULTANT agrees to protect and to defend at its
own expense, including attorneys' fees, DISTRICT, its
officers, agents and employees from any and all legal action
based upon any acts or omissions, as stated hereinabove, by
any person or persons.
WORK PRODUCT - CONSULTANT shall provide DISTRICT with a
minimum of eight (8) original copies of each of the final
quarterly reports. All drawings, logs and reports shall be
and remain the sole property of DISTRICT.
TERMINATION - This Agreement may be terminated by either
CONSULTANT or DISTRICT upon written notice to the other
party in the event of substantial failure of performance by
the other party or in the event DISTRICT shall elect to
abandon or indefinitely postpone the project. In the event
DISTRICT abandons or indefinitely postpones the project and
gives such notice of termination, DISTRICT shall make
payment for all services performed to the date of written
notice in a total amount which bears the same ratio to the
total maximum fee otherwise payable under this Agreement --
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14.
II
II
the services actually performed bear to the total services
necessary for performance of this Agreement.
ASSIGNMENT - Neither this Agreement nor any part thereof
shall be assigned by CONSULTANT without the prior written
consent of DISTRICT.
NON-DISCRIMINATION - In the performance of the terms of
this Agreement, CONSULTANT shall not engage in nor permit
others he may employ to engage in discrimination in the
employment of persons because of the race, color, national
origin or ancestry, religion, physical handicap, disability
as defined by the Americans with Disabilities Act (ADA),
medical condition, marital status or sex of such personS, in
accordance with the provision of California Labor Code
Section 1735.
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This Agreement is executed on
RECOMMENDED FOR APPROVAL:
KENNETH L. EDWARDS
General Manager-Chief Engineer
SCT:mcv-
agrmt987
09/15/94
(to be filled in by Clerk of the Board)
RIVERSIDE COUNTY FLOOD CONTPaL
AND WATER CONSERVATION DISTRICT
By
Chairman, Board of Supervisors
ATTEST:
GERALD A. MALONEY
Clerk of the Board
By
Deputy
(SEAL)
TIERRAMADRE CONSULTANTS, INC
By
Responsible Officer
Printed Name
Title
krea Code/Phone Number
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Murrieta Creek
C.O.E. Emergency Permit No. 93-291-RS
Proposal for a Botanical Assessment
Prepared for:
Riverside County Flood Control
and Water Conservation District
1995 Market Street
P.O. Box 1033
Riverside, CA 92501-1719
(909) 275-1233
(FAX) 788-9965
Contact: Art Krueger
Prepared by:
TIERRA MADRE CONSULTANTS, INC.
1159 Iowa Avenue, Suite E
Riverside, CA 92507
(909) 684-7081
(FAX) 784-5647
Contact: Jack Easton/Michael Pantoja
31 August 1994
Revised 14 September 1994
Murrieta Creek
Riverside County Flood Control and Water Conservation District
C.O.E. Emergency Permit No. 93-291-RS
Proposal for a Botanical Assessment
INTRODUCTION
Tierra Madre Consultants, Inc. CYMC) proposes to perform a Botanical Assessment of the
Murrieta Creek Channel for compliance with the conditions of the U.S. Army Corps of
Engineers (C.O.E.) Emergency Permit No. 93-291-RS. The project area (Channel) extends
from Hawthorn Street to Old Town Temecula (33,800_+ linear feet) and within this area
encompasses the entire channel, from top-of-bank to top-of-bank. The Channel is divided into
three distinct reaches as follows:
Reach 1: Responsibility of Riverside County Flood Control and Water
Conservation District (District) - Hawthorn St. to the Temecula Rancho line -
20,100_+ linear feet
Reach 2: Responsibility ofKemper Community Development-Temeeula Rancho
line to vicinity of Rancho California Road (300_+ feet downstream) - 6,500_+
linear feet
Reach 9: Responsibility of City of Temecula - vicinity of Rancho California
Road to vicinity of Second San Diego Aqueduct - 7,200+ linear feet
The proposed Scope of Services consists of field surveys, preparation of quarterly reports (one
for each Reach), and as-needed consultation. This proposal includes a detailed estimate of the
cost to perform the services for each reach. TMC will account for and separately invoice the
District for the respective Reaches of the Channel.
SCOPE OF SERVICES
I. TMC proposes to collect field data by sampling the vegetation within the Channel.
A. Sampling transeets will be located at 1,000-foot intervals along the entire length of
the Channel. Each transect will be 5.0 feet in width and will extend, perpendicular to
the flow line, from the top-of-bank to the top-of-bank. The location of each transect will
be marked on-site and will be noted on an appropriate base map of the Channel (i.e.
scale 1" = 200'), photographs will be taken of each transect. The transeets will be
surveyed as close as possible to the original location for each of the quarte~y surveys.
A total of 33 transects will be established along the Channel (20 within Reach 1, 7 within
Reach 2, and 6 within Reach 3).
B. Each sampling transect will be surveyed on a quarterly basis for a total of four
surveys during the one-year duration of the Botanical Assessment. Surveys will be
performed in September 1994, December 1994, March 1995, and June 1995. As there
is expected to be only minimal change in species composition and structure between the
September and December surveys, the December 1994 survey may consist only of noting
changes in site conditions (e.g. vegetation removed by scouring) or, may consist of a full
sampling effort. The actual survey type to be performed will be determined through
cor~sultation with the District following the completion of the September survey and
through a review of site conditions (e.g. flooding).
|4 ~:E/q'FrJ~IIF, R 1994 - RCFC&WCD:MURR CRJC
ATTACHMENT "A"
C. On each transect survey, sampling will be performed to provide information on the
species composition and structure per the C.O.E. specified Mitigation Success Criteria.
At each 3.0-foot interval along the transect, a point will be projected vertically into the
vegetation. Each species intercepted by the point will be recorded, providing a tally of
"hits" for each species. The height of marsh, riparian, and/or mulefat scrub vegetation
will be measured at each point. Percent cover and avenge height for each vegetati6n
layer will be calculated from these data. Finally, a list of all additional species within
the 5.0-foot wide Wansect will be made. Transect surveys will be performed by a two-
person crew consisting of a Senior Biologist and a Field Technician.
D. As part of the first of the quarterly surveys (September 1994), the entire Channel
will be surveyed to identify locations of non-native vegetation including those species
identified in the C.O.E. Mitigation Success Criteria. The species present will be noted
and their distribution will be recorded on the base map of the Channel. Non-native
vegetation surveys will be performed by a Field Technician under the direction of a
Senior Biologist.
E. Following the implementation of techniques to control non-native vegetation, TMC
will survey the entire Channel to assess the success of the control techniques. The
survey will be performed in spring of 1995 (e.g. April). Those areas which have been
successfully treated and any areas requiring additional treatment will be noted on the base
map of the Channel.
ft. TMC proposes to prepare quarterly reports to document the results of the vegetation
sampling surveys.
A. Upon completion of each quarterly sampling survey TMC will prepare three
quarterly reports (one for each of the three reaches). Information to be presented in the
reports wLll include: description of the survey area, sampling methodology, results of the
sampling surveys, a discussion of changes in the vegetation relative to the C.O.E.
Mitigation Success Criteria, maps and photographs, and copies of field data sheets. The
reports will also recommend techniques for control of non-native vegetation which may
be present in the Channel and will assess the success of such control techniques following
their implementation.
B. Each quarterly report will be submitted to the District in a Draft format for review
and comment. TMC will meet with the District, as-needed, to discuss any comments and
revise the reports. Final reports will be prepared and submitted following consultation
with the District.
rrl. A TMC Senior Biologist will be available, as-needed, to consult with District personnel
and/or personnel of regulatory agencies regarding survey methodology, data interpretation, and
any other pertinent issues. Consultation with personnel of regulatory agencies will be conducted
only at the direction of the District.
14 SEFr!~BER 1994 - RCFC&WCD:MURR CRK
2
ATTACHMENT "A"
SCHEDULE
I. Field surveys will be completed during the month specified for the respective quarterly
surveys (i.e. September 1994, December 1994, March 1995, and June 1995).
II. Draft quarterly reports will be completed and submitted to the District no later than the
fifteenth of the following month (i.e. September 1994 survey results to be submitted in Draft
report no later than 15 October 1994). Final quarterly reports will be submitted to the District
within one week of receipt of the District comments on the Draft reports or within 30 days of
submittal of Draft report if no comments are received.
14 S~BER 1994 - RCFC&WCD:MUI~R C~K
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ATTACHMENT "A"
NOT-TO-EXCEED COST ESTIMATE
FIELD SURVEYS
{{ sEPT. 9, { N~' II DEc. 9,
2,575.00
890.00
795.00
946.00 515.00/ 2,575.00 2,575.00 ~ $ 9,186.00/
2,575.00~' 11,246.00
,90.00 275.00,,90.00890.®
890.00 4 _
490.00 275.00/ 795.00 795.00 t $ 3 150.00/
795.00 2,670.00
REACH 1
REACH 2
REACH 3
REPORT PREPARATION
REACH I 1,940.00 320.00/ 1,020.00
1.020.00
REACH 2 1,535.00 320.00/ 900.00
900.00
REACH 3 1,535.00 320.00/ 900.00
900.00
JUN 95 TOTAL
& NNV
2,220.00 $ 5,500.00/
6.200.00
1,745.00 $ 4,500.00/
5,080.00
1,745.00 $ 4,500.00/
5,080.00
REACH 1
REACH2
REACH 3
CONSULTATION
::.Sfftl~/q~4 :::::2!: :DEC. 94: MAR.:95: JUN 95:
190.00 120.00 120.00 120.00
70.00 50.00 50.00 50.00
60.00 30.00 30.00 30.00
TOTAL.
$ 550.00
$ 220.00
$ 150.00
GRAND TOTAL
REACH2 '~ 3,435.00/
4,050.00
REACH 3 ::: ;:; 3 150.00/ 4,500.00/
:: ],670.00 5,080.00
:: 9, 186.00/ 5,500.00/ 550.00
11,246.00 6.200.00
4,500.00/ 220.00
5.080.00
150.00
:TOTAL COST
$15,236.00/
17,996.00
$ 8 155.00/
~.350.00
$ 7 800.00/
~.900.00
The above costs are based on the following billing rates:
Principal $80/hr.
Senior Biologist $60/hr.
Field Technician $35/hr.
Draftsman $35/hr.
14 SEPTF_MBER 1994 - RCFC&WCD:MURR CRK
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A'R'ACHMENT '
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FUNDING AGREEMENT
The RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT, ("DISTRICT"), the CITY OF TEMECULA, ("CITY"), and
KEMPER COMMLrNITY DEVELOPENT COMPANY, ("DEVELOPER"), hereby agree
as follows:
RECITALS
A. In the Spring of 1993, the U.S. krmy Corps of Engineers
issued Emergency Permit No. 93-291-RS ("PERMIT") jointly to
DISTRICT, CITY and DEVELOPER after devastating flooding occurred
along Murrieta Creek Channel so that DISTRICT, CITY and DEVELOPER
could undertake emergency flood protection and remedial/
restorative work along CREEK; and
B. As part of PERMIT, a botanical assessment in Murriel
Creek Channel is required; and
C. DISTRICT, CITY and DEVELOPER will each contribute
toward the cost of a consultant ("CONSULTANT") an amount which
will cover the costs of CONSULTANT to perform the required
botanical assessment on DISTRICT'S, CITY'S and DEVELOPER'S
respective reaches of Murrieta Creek Channel; and
D. For convenience, the DISTRICT will administer a
consulting services agreement on behalf of DISTRICT, CITY and
DEVELOPER for CONSULTANT to perform the required botanical
assessment. A copy of the consulting services agreement is
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attached hereto substantially in final form as Exhibit "A" and
thereby made a part hereof.
IT IS THEREFORE, mutually agreed as follows:
1. DISTRICT shall administer a consulting services
agreement with CONSULTANT to perform the botanical assessment
required as part of PERMIT.
2. CITY has deposited eight thousand nine hundred dollars
($8,900.00) as an estimate of CITY'S share for cost of
CONSULTANT'S work on CITY'S reach of Murrieta Creek Channel. A
final itemized accounting of all costs by CONSULTANT shall be
made by DISTRICT within forty-five (45} days after completion of
CONSULTANT'S work. Should additional funds be required, CITY
shall pay DISTRICT within thirty (30) days after receipt of
invoice. If the deposit exceeds CONSULTANT'S work costs,
DISTRICT will reimburse CITY within thirty (30) days.
3. DEVELOPER has deposited nine thousand three hundred
fifty dollars ($9,350.00) as an estimate of DEVELOPER'S share for
cost of CONSULTANT'S work on DEVELOPER'S reach of Murrieta Creek
Channel. A final itemized accounting of all costs by CONSULTANT
shall be made by DISTRICT within forty-five (45) days after
completion of CONSULTANT'S work. Should additional funds be
required, DEVELOPER shall pay DISTRICT within thirty (30) days
after receipt of invoice. If the deposit exceeds CONSULTANT'S
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work costs, DISTRICT will reimburse DEVELOPER within thirty (30)
days.
4. Each party, as to any claim or liability arising out of
any act or omission with references to any work performed by or
authority delegated to such party as a result of this agreement,
shall save, defend, indemnify and hold harmless the other parties
and their officers and employees from all liability for death or
injury to person, or damage to property, or claim therefor.
5. Any notices sent or required to be sent to either partyi
shall be mailed to the following addresses:
RIVERSIDE COUNTY FLOOD CONTROL CITY OF TF/4ECULA
AND WATER CONSERVATION DISTRICT 43174 Business Park Drive
1995 Market Street Temecula, CA 92590
Riverside, CA 92501-1719 Attn: Ray Casey
KEMPER COMMUNITY DEVELOPMENT, CO.
27555 Ynez Road
Suite 202
Temecula, CA 92591
Attn: Mr. Dennis Chiniaeff
6. This agreement is the result of negotiations between
the parties hereto, and the advice and assistance of their '
respective counsel. The fact that this agreement was prepared as
a matter of convenience by DISTRICT shall have no import or
significance. Any uncertainty or ambiguity in this agreement
shall not be construed against DISTRICT because DISTRICT prepared,
this agreement in its final form.
7. Any waiver by DISTRICT, CITY or DEVELOPER of any breach.
by the other of any one or more of the terms of this agreement
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shall not be construed to be a waiver of any subsequent or other
breach of the same or of any other term hereof. Failure on the
part of DISTRICT, CITY or DEVELOPER to require exact, full and
complete compliance with any term of this agreement shall not be
construed as in any manner changing the terms hereof, or
estopping DISTRICT, CITY or DEVELOPER from enforcement hereof.
8. This agreement is intended by the parties hereto as a
final expression of their understanding with respect to the
matters herein, and is a complete and exclusive statement of the
terms and conditions thereof. This agreement shall not be
changed or modified except by the written consent of all parties
hereto.
//
//
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IN WITNESS WHEREOF,
agreement on
RECO~e~ENDED FOR APPROVAL:
KENNETH L. EDWARDS
General Manager-Chief Engineer
the parties hereto have executed this
(to be filled in by Clerk of the Board)
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
Chairman, Board of Supervisors
APPROVED AS TO FORM:
WILLIAM C. KATZENSTEIN
County Counsel
Deputy
Dated 4- ~ 7-~¢
ATTEST:
GERALD A. MALONEY
Clerk of the Board
By
Deputy
(SEAL)
RECOMMENDED FOR APPROVAL:
Dated
APPROVED AS TO FORM:
By
City Attorney
EWR:SlJ
9/22/94
CITY OF TEMECULA
By
Mayor
ATTEST:
By
City Clerk
(SEAL)
KEMPER COMbgDNITY DEVELOPMENT, CO
By
Title
( NOTARY )
-5-
EXHIBIT "A"
Consulting Services Agreement
for Botanical Assessment
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CONSULTING SERVICES AGREEMENT
RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT, hereinafter called "DISTRICT", and TIERRAMADRE
CONSULTANTS, INC., hereinafter called "CONSULTANT", hereby agree
as follows:
1. PROJECT - CONSULTANT shall perform consulting services for
the project described as Murrieta Creek Biological
Assessment for U.S.C.O.E. Emergency Permit No. 93-291-RS,
Project No. 7-0-0020.
2. SCOPE OF SERVICES - CONSULTANT shall furnish tools,
equipment, facilities, materials and labor necessary to
perform in a complete, skillful and professional manner
those consulting services described on Attachment "A" hereto
and made a part hereof.
TIME FOR PERFORMANCE - CONSULTANT shall commence performance
of service upon execution of this Agreement, and shall
diligently perform the services for a period of one year
after the date of commencement.
COMPENSATION - DISTRICT shall pay CONSULTANT for services
performed and expenses incurred in accordance with the
standard rates set forth on Attachment "B" hereto and made a
part hereof. The total amount of compensation paid to
CONSULTANT under this Agreement shall not exceed the sum of
forty thousand dollars ($40,000) unless a written amendment
to this Agreement is executed by both parties prior to
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performance of additional services.
5. PAYMENT - Payments to CONSULTANT shall be made by DISTRICT
following satisfactory performance of the services as set
forth herein and within thirty (30) days after DISTRICT'S
receipt of appropriate monthly invoices from CONSULTANT.
CONSULTANT shall keep employee and expense records according
to customary accounting methods and such records shall be
available for inspection by DISTRICT to verify the invoices
of CONSULTANT. All invoices shall itemize charges to
conform with the portion(s) of work and estimated costs as
set forth on Attachment "B".
6. LICENSES - CONSULTANT, its employees, agents, contractors
and subcontractors shall maintain professional licenses
required by the laws of the State of California at all times
while performing services under this Agreement.
7. PERMITS AND RIGHTS OF ENTRY - DISTRICT will obtain all
rights of entry as may be required to perform the proposed
consulting services within and upon privately-owned
property. All permits and rights of entry as may be
required from any and all affected public entities shall be
obtained by CONSULTANT. Sufficient evidence of having
obtained such permits and/or rights of entry shall be
furnished to DISTRICT by CONSULTANT, prior to initiation of
work. CONSULTANT will prosecute the work in such a manner
as to minimize public inconvenience and possible hazard, -~d
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will restore the streets and other work areas to their
original condition and former usefulness as soon as
practicable. CONSULTANT shall be responsible for the
protection of public and private property adjacent to the
work and shall exercise due caution to avoid damage to such
property.
NOTICES - Any and all notices sent or required to be sent to
the parties of this Agreement will be mailed by first class
mail, postage prepaid, to the following addresses:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
1995 Market Street
Riverside, CA 92501-1719
TIERRAM3~DRE
CONSULTANTS, INC.
1159 Iowa Avenue, Suite E
Riverside, CA 92507
WORK~R'S COMPENSATION INSURANCE - CONSULTANT certifies that
it is aware of the laws of the State of California requ~iring
employers to be insured against liability for worker's
compensation and shall comply with such laws during the term
of this Agreement.
INDEMNITY AND HOLD HAPLESS - CONSULTANT agrees to and shall
indeuulify and hold DISTRICT, its officers, employees and
agents free and harmless from all claims, actions, d~m~es
and liabilities of whatsoever kind and nature arising from
death, personal injury, property damage or other cause
asserted or, based upon any negligent act or omission of
CONSULTANT, its employees, agents, invitees, or any
subcontractor of CONSULTANT relating to or in any way
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13.
14.
II
II
the services actually performed bear to the total services
necessary for performance of this Agreement.
ASSIGNMENT ~ Neither this Agreement nor any part thereof
shall be assigned by CONSULTANT without the prior written
consent of DISTRICT.
NON-DISCRIMINATION - In the performance of the terms of
this Agreement, CONSULTANT shall not engage in nor permit
others he may employ to engage in discrimination in the
employment of persons because of the race, color, national
origin or ancestry, religion, physical handicap, disability
as defined by the Americans with Disabilities Act (ADA),
medical condition, marital status or sex of such personS, in
accordance with the provision of California Labor Code
Section 1735.
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This Agreement is executed on
RECOMMENDED FOR APPROVAL:
KENNETH L. EDWARDS
General Manager-Chief Engineer
SCT:mcv
agrmt987
09/15/94
be Zllled in by Clerk of ~he Board)
RIVEPSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
Chairman, Board of Supervisors
ATTEST:
GERALD A. M3~LONEY
Clerk of the Board
By
Deputy
(SEAL)
TIERRAMADRE CONSULTANTS,
By
Responsible Officer
Printed Name
Title
Azea Code/Phone Number
- 6 -
Murrieta Creek
C.O.E. Emergency Permit No. 93-291-RS
Proposal for a Botanical Assessment
Prepared for:
Riverside County Flood Control
and Water Conservation District
1995 Market Street
P.O. Box 1033
Riverside, CA 92501-1719
(909) 275-1233
(FAX) 788-9965
Contact: Art Krueger
Prepared by:
TIERRA MADRE CONSULTANTS, INC.
1159 Iowa Avenue, Suite E
Riverside, CA 92507
(909) 684-7081
(FAX) 784-5647
Contact: Jack Easton/Mich'ael Pantoja
31 August 1994
Revised 14 September 1994
Murrieta Creek
Riverside County Flood Control and Water Conservation District
C.O.E. Emergency Permit No. 93-291-RS
Proposal for a Botanical Assessment
INTRODUCTION
TieHa Madre Consultants, Inc. CYMC) proposes to perform a Botanical Assessment of the
Murrieta Creek Channel for compliance with the conditions of the U.S. Army Corps of
Engineers (C.O.E.) Emergency Permit No. 93-291-RS. The project area (Channel) extends
from Hawthorn Street to Old Town Temecula (33,800_+ linear feet) and within this area
encompasses the entire channel, from top-of-bank to top-of-bank. The Channel is divided into
tl'tree distinct reaches as follows:
Reach 1: Responsibility of Riverside County Flood Control and Water
Conservation District (District) - Hawthorn St. to the Temecula Rancho line -
20,100+ linear feet
Reach 2: Responsibility ofKemper Community Development-Temecula Rancho
line to vicinity of Rancho California Road (300_+ feet downstream) - 6,500_+
linear feet
Reach 3: Responsibility of City of Temecula - vicinity of Rancho California
Road to vicinity of Second San Diego Aqueduct - 7,200+ linear feet
The proposed Scope of Services consists of field surveys, preparation of quarterly reports (one
for each Reach), and as-needed consultation. This proposal includes a detailed estimate of the
cost to perform the services for each reach. TMC will account for and separately invoice the
District for the respective Reaches of the Channel.
SCOPE OF SERVICES
I. TMC proposes to collect field data by sampling the vegetation within the Channel.
A. Sampling transects will be located at 1,000-foot intervals along the entire length of
the Channel. Each transect will be 5.0 feet in width and will extend, perpendicular to
the flow line, from the top-of-bank to the top-of-bank. The location of each transect will
be marked on-site and will be noted on an appropriate base map of the Channel (i.e.
scale 1" = 200'), photographs will be taken of each transect. The transects will be
surveyed as close as possible to the original location for each of the quarterly surveys.
A total of 33 transects will be established along the Channel (20 within Reach 1, 7 within
Reach 2, and 6 within Reach 3).
B. Each sampling transect will be surveyed on a quarterly basis for a total of four
surveys during the one-year duration of the Botanical Assessment. Surveys will be
performed in September 1994, December 1994, March 1995, and June 1995. As there
is expected to be only minimal change in species composition and structure between the
September and December surveys, the December 1994 survey may consist only of noting
changes in site conditions (e.g. vegetation removed by scouting) or, may consist of a full
sampling effort. The actual survey type to be performed will be determined through
cor~sultation with the District following the completion of the September survey and
through a review of site conditions (e.g. flooding).
14 SEPTEMBER 1994 - RCFC&WCD:MURR CR.K
A'!'FACHMENT "A"
C. On each transect survey, sampling will be performed to provide information on the
species composition and structure per the C.O.E. specified Mitigation Success Criteria.
At each 3.0-foot interval along the transect, a point will be projected vertically into the
vegelation. Each species intercepted by the point will be recorded, providing a tally of
"hits" for each species. The height of marsh, riparian, and/or mulefat scrub vegetation
will be measured at each point. Percent cover and average height for each vegetatibn
layer will be calculated from these data. Finally, a list of all additional species within
the 5.0-foot wide transect will be made. Transect surveys will be performed by a two-
person crew consisting of a Senior Biologist and a Field Technician.
D. As part of the first of the quarterly surveys (September 1994), the entire Channel
will be surveyed to identify locations of non-native vegetation including those species
identified in the C.O.E. Mitigation Success Criteria. The species present will be noted
and their distribution will be recorded on the base map of the Channel. Non-native
vegetation surveys will be performed by a Field Technician under the direction of a
Senior Biologist.
E. Following the implementation of techniques to control non-native vegetation, TMC
will survey the entire Channel to assess the success of the control techniques. The
survey will be performed in spring of 1995 (e.g. April). Those areas which have been
successfully treated and any areas requiting additional treatment will be noted on the base .
map of the Channel.
II. TMC proposes to prepare quarterly reports to document the results of the vegetation
sampling surveys.
A. Upon completion of each quarterly sampling survey TMC will prepare three
quarterly reports (one for each of the three reaches). Information to be presented in the
reports will include: description of the survey area, sampling methodology, results of the
sampling surveys, a discussion of changes in the vegetation relative to the C.O.E.
Mitigation Success Criteria, maps and photographs, and copies of field data sheets. The
reports will also recommend techniques for control of non-native vegetation which may
be present in the Channel and will assess the success of such control techniques following
their implementation.
B. Each quarterly report will be submitted to the District in a Draft format for review
and comment. TMC will meet with the District, as-needed, to discuss any comments and
revise the reports. Final reports will be prepared and submitted following consultation
with the District.
IIT. A T1ViC Senior Biologist will be available, as-needed, to consult with District personnel
and/or personnel of regulatory agencies regarding survey methodology, data interpretation, and
any other pertinent issues. Consultation with personnel of regulatory agencies will be conducted
only at the direction of the District.
14 SEPI'EI,4BER 1994 - RCFC&WCD:MURR CRK
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ATTACHMENT "A"
SCHEDULE
I. Field surveys will be completed during the month specified for the respective quarterly
surveys (i.e. September 1994, December 1994, March 1995, and June 1995).
It. Draft quarterly reports will be completed and submitted to the District no later than the
fifteenth of the following month (i.e. September 1994 survey results to be submitted in Draft
report no later than 15 October 1994). Final quarterly reports will be submitted to the District
within one week of receipt of the District comments on the Draft reports or within 30 days of
submittal of Draft report if no comments are received.
1994 - RCFC&WCD:MUitR CRK
3
A~ iACHMENT "A"
NOT-TO-EXCEED COST ESTIMATE
FIELD SURVEYS
REACH 1
REACH 2
2,575.00 946.00
890.00 490.00
515.00/ 2,575.00 2,575.00
2,575.00~
275.00/ 890.00 890.00
890.00
795.00 795.00
REACH 3 795.00 490.00 275.00/
795.00
TOTAL
$ 9,186.00/
11,246.00
$ 3,435.00/
4,050.00
$ 3 150.00/
5,670.00
REACI-t 1
REACH 2
REACH 3
REACH 1
REACH 2
REACH 3
REPORT PREPARATION
SEPT. 94 DEC. 94 MAR. 95 JUN 95 TOTAL
& NNV & NNV
1,940.00 320.00/ 1,020.00 2,220.00 $ 5,500.00/
1.020.00 6.200.00
1,535.00 320.00/ 900.00 1,745.00 $ 4,500.00/
900.00 5,080.00
1,535.00 320.00/ 900.00 1,745.00 $ 4,500.00/
900.00 5.080.00
CONSULTATION
I SEPT. 94 !:; ;DEC. 94 MAR. :95 JUN 95 TOTAL.
& NNV
190.00 120.00 120.00 120.00 $ 550.00
70.00 50.00 50.00 50.00 $ 220.00
60.00 30.00 30.00 30.00 $ 150.00
GRAND TOTAL
: SURVEYS PREPARATION :: ::
REACH1 : 9,186.00/ 5,500.00/ 550.00 $ 15,236.00/
11,246.00 6.200.00 17,996.00
REACH2 3,435.00/ 4,500.00/ 220.00 $ g 155.00/
4.050.00 5,080.00 ~.350.00
REACH 3 : 3 150.00/ 4,500.00/ 150.00 $ 7 800.00/
: : ].670.00 5.080.00 1.900.00
tl~: I
2
The above costs axe based on the following billing rates:
Principal $80/hr.
Senior Biologist $60/hr.
Field Technician $35/hr.
Dra'ftsman $35/hr.
14 SEFTEMBER 1994 - RCFC&WCD:MUR.R CRK
,4
ATTACHMENT
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FUNDING AGREEMENT
The RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT, ("DISTRICT"), the CITY OF TEMECULA, ("CITY"), and
KEMPER COM~g3NITY DEVELOPMENT COMPANY, ("DEVELOPER"), hereby agree
as follows:
RECITALS
A. In the Spring of 1993, the U.S. Army Corps of Engineers
issued Emergency Permit No. 93-291-RS ("PERMIT") jointly to
DISTRICT, CITY and DEVELOPER after devastating flooding occurred
along Murrieta Creek Channel so that DISTRICT, CITY and DEVELOPER
could undertake emergency flood protection and remedial/
restorative work along CREEK; and
B. As part of PERMIT, a botanical assessment in Murrieta
Creek Channel is required; and
C. DISTRICT, CITY and DEVELOPER will each contribute
toward the cost of a consultant ("CONSULTANT") an amount which
will cover the costs
botanical assessment
of CONSULTA/qT to perform the required
on DISTRICT'S, CITY'S and DEVELOPER'S
respective reaches of Murrieta Creek Channel; and
D. For convenience, the DISTRICT will administer a
consulting services agreement on behalf of DISTRICT, CITY and
DEVELOPER for CONSULTANT to perform the required botanical
assessment. A copy of the consulting services agreement is
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attached hereto substantially in final form as Exhibit "A" and
thereby made a part hereof.
IT IS THEREFORE, mutually agreed as follows:
1. DISTRICT shall administer a consulting services
agreement with CONSULTANT to perform the botanical assessment
required as part of PERMIT.
2. CITY has deposited eight thousand nine hundred dollars
($8,900.00) as an estimate of CITY'S share for cost of
CONSULTANT'S work on CITY'S reach of Murrieta Creek Channel. A
final itemized accounting of all costs by CONSULTANT shall be
made by DISTRICT within forty-five (45) days after completion of
CONSULTANT'S work. Should additional funds be required, CITY
shall pay DISTRICT within thirty (30) days after receipt of
invoice. If the deposit exceeds CONSULTANT'S work costs,
DISTRICT will reimburse CITY within thirty (30) days.
3. DEVELOPER has deposited nine thousand three hundred
fifty dollars ($9,350.00) as an estimate of DEVELOPER'S share for
cost of CONSULTANT'S work on DEVELOPER'S reach of Murrieta Creek
Channel. A final itemized accounting of all costs by CONSULTANT
shall be made by DISTRICT within forty-five (45) days after
completion of CONSULTANT'S work. Should additional funds be
required, DEVELOPER shall pay DISTRICT within thirty (30) days
after receipt of invoice. If the deposit exceeds CONSULTANT'S
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work costs, DISTRICT will reimburse DEVELOPER within thirty (30)
days.
4. Each party, as to any claim or liability arising out of
any act or omission with references to any work performed by or
authority delegated to such party as a result of this agreement,
shall save, defend, indemnify and hold harmless the other parties
and their officers and employees from all liability for death or
injury to person, or damage to property, or claim therefor.
5. Any notices sent Or required to be sent to either party
shall be mailed to the following addresses:
RIVERSIDE COUNTY FLOOD CONTROL CITY OF TEF~ECULA
AND WATER CONSERVATION DISTRICT 43174 Business Park Drive
1995 Market Street Temecula, CA 92590
Riverside, CA 92501-1719 Attn: Ray Casey
KEMPER COMMITNITY DEVELOPMENT, CO.
27555 Ynez Road
Suite 202
Temecula, CA 92591
Attn: Mr. Dennis Chiniaeff
6. This agreement is the result of negotiations between
the parties hereto, and the advice and assistance of their
respective counsel. The fact that this agreement was prepared as
a matter of convenience by DISTRICT shall have no import or
significance. Any uncertainty or ambiguity in this agreement
shall no~ be construed against DISTRICT because DISTRICT prepared
this agreement in its final form.
7. Any waiver by DISTRICT, CITY or DEVELOPER of any breach
by the other of any one or more of the terms of this agreement
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IN WITNESS WHEREOF,
agreement on
RECOMMENDED FOR APPROVAL:
KENNETH L. EDWARDS
General Manager-Chief Engineer
the parties hereto have executed this
(to be filled in by Clerk of the Board)
R_TVERSIDE COUNTY FLOOD CONTRDL
A~D WATER CONSER~FATION DISTR/CT
By
Chairman, Board of Supervisors
APPROVED AS TO FORM:
WILLIAM C. KATZENSTEIN
County Counsel
Dated ~-,~
ATTEST:
GERALD A. MALONEY
Clerk of the Board
By
Deputy
(SEAL)
RECOMMENDED FOR APPROVAL:
By
Ci'tJ Engineer
Dated //- ~ q ~/
APPROVEDAS TO FORM:
By
City Attorney
CITY OF TEMECULA
By
Mayor
ATTEST:
By
City Clerk
(SEAL)
KEMPER COb~jNITY DEVELOPMENT,
By
Title
( NOTARY )
CO
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EXHIBIT "A"
Consulting Services Agreement
for Botanical Assessment
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CONSULTING SERVICES AGREFJ4ENT
RIVERSIDE COUNTY FLOOD CONTROL ~ND WATER CONSERVATION
DISTRICT, hereinafter called "DISTRICT", and TIERRAMADRE
CONSULTANTS, INC., hereinafter called "CONSULTANT", hereby agree
as follows:
1. PROJECT - CONSULTANT shall perform consulting services for
the project described as Murrieta Creek Biological
P~ssessment for U.S.C.O.E. Emergency Permit No. 93-291-RS,
Project No. 7-0~0020.
2. SCOPE OF SERVICES - CONSULTANT shall furnish tools,
equipment, facilities, materials and labor necessary to
perform in a complete, skillful and professional manner
those consulting services described on Attachment "A" hereto
and made a part hereof.
TIME FOR PERFORMANCE - CONSULTANT shall commence performance
of service upon execution of this Agreement, and shall
diligently perform the services for a period of one year
after the date of commencement.
COMPENSATION - DISTRICT shall pay CONSULTANT for services
performed and expenses incurred in accordance with the
standard rates set forth on Attachment "B" hereto and made a
part hereof. The total amount of compensation paid to
CONSULTANT under this Agreement shall not exceed the sum of
forty thousand dollars ($40,000) unless a written amendment
to this Agreement is executed by both parties prior to
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performance of additional services.
5. PAYMENT - Payments to CONSULTANT shall be made by DISTRICT
following satisfactory performance of the services as set
forth herein and within thirty (30) days after DISTRICT'S
receipt of appropriate monthly invoices from CONSULTANT.
CONSULTANT shall keep employee and expense records according
to customary accounting methods and such records shall be
available for inspection by DISTRICT to verify the invoices
of CONSULTANT. All invoices shall itemize charges to
conform with the portion(s) of work and estimated costs as
set forth on Attachment "B".
6. LICENSES - CONSULTANT, its employees, agents, contractors
and subcontractors shall maintain professional licenses
required by the laws of the State of California at all times
while performing services under this Agreement.
7. PERMITS AND RIGHTS OF ENTRY - DISTRICT will obtain all
rights of entry as may be required to perform the proposed
consulting services within and upon privately-owned
property. All permits and rights of entry as may be
required from any and all affected public entities shall be
obtained by CONSULTANT. Sufficient evidence of having
obtained such permits and/or rights of entry shall be
furnished to DISTRICT by CONSULTANT, prior to initiation of
work. CONSULTANT will prosecute the work in such a manner
as to minimize public inconvenience and possible hazard, -~d
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will restore the streets and other work areas to their
original condition and former usefulness as soon as
practicable. CONSULTANT shall be responsible for the
protection of public and private property adjacent to the
work and shall exercise due caution to avoid damage to such
property.
NOTICES - Any and all notices sent or required to be sent to
the parties of this Agreement will be mailed by first class
mail, postage prepaid, to the following addresses:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
1995 Market Street
Riverside, CA 92501-1719
TIERRAMADRE
CONSULTANTS, INC.
1159 Iowa Avenue, Suite E
Riverside, CA 92507
WORKER'S COMPENSATION INSURANCE - CONSULTANT certifies that
it is aware of the laws of the State of California requ.iring
employers to be insured against liability for worker's
compensation and shall comply with such laws during the term
of this Agreement.
INDEMNITY AND HOLD HARMLESS - CONSULTANT agrees to and shall
indemnify and hold DISTRICT, its officers, employees and
agents free and harmless from all claims, actions, damages
and liabilities of whatsoever kind and nature arising from
death, personal injury, property damage or other cause
asserted or, based upon any negligent act or omission of
CONSULTANT, its employees, agents, invitees, or any
subcontractor of CONSULTANT relating to or in any way
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12.
connected with the accomplishment of the work or performF
of services under this Agreement, regardless of the
existence or degree of fault or negligence on the part of
DISTRICT or any officer or employee of said DISTRICT, other
than the active negligence of DISTRICT, its officers,
employees or agents. As part hereto of the foregoing
indemnity CONSULTANT agrees to protect and to defend at its
own expense, including attorneys' fees, DISTRICT, its
officers, agents and employees from any and all legal action
based upon any acts or omissions, as stated hereinabove, by
any person or persons.
WORK PRODUCT - CONSULTANT shall provide DISTRICT with a
minimum of eight (8) original copies of each of the fina]
quarterly reports. All drawings, logs and reports shall be
and remain the sole property of DISTRICT.
TERMINATION - This Agreement may be terminated by either
CONSULTANT or DISTRICT upon written notice to the other
party in the event of substantial failure of performance by
the other party or in the event DISTRICT shall elect to
abandon or indefinitely postpone the project. In the event
DISTRICT abandons or indefinitely postpones the project and
gives such notice of termination, DISTRICT shall make
payment for all services performed to the date of written
notice in a total amount which bears the same ratio to the
total maximum fee otherwise payable under this Agreement '-
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14.
II
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the services actually performed bear to the total services
necessary for performance of this Agreement.
ASSIGNMENT - Neither this Agreement nor any part thereof
shall be assigned by CONSULTANT without the prior written
consent of DISTRICT.
NON-DISCRIMINATION - In the performance of the terms of
this Agreement, CONSULTANT shall not engage in nor permit
others he may employ to engage in discrimination in the
employment of persons because of the race, color, national
origin or ancestry, religion, physical handicap, disability
as defined by the Americans with Disabilities Act (ADA),
medical condition, marital status or sex of such personS, in
accordance with the provision of California Labor Code
Section 1735.
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This Agreement is executed on
RECOMMENDED FOR APPROVAL:
KENNETH L. EDWA~DS
General Manager-Chief Engineer
SCT:mcv
agrmt987
09/15/94
(to be filled in by Clerk of the Board)
RIVEPaIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
Chairman, Board of Supervisors
ATTEST:
GERALD A. MALONEY
Clerk of the Board
By
Deputy
(SF_.2~J~)
TIERRAMADRE CONSULTANTS, INr
By
Responsible Officer
Printed Name
Title
Area Code/Phone Number
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Murrieta Creek
C.O.E. Emergency Permit No. 93-291-RS
Proposal for a Botanical Assessment
Prepared for:
Riverside County Flood Control
and Water Conservation District
1995 Market Street
P.O. Box 1033
Riverside, CA 92501-1719
(909) 275-1233
(FAX) 788-9965
Contact: Art Krueger
Prepared by:
TIERRA MADRE CONSULTANTS, INC.
1159 Iowa Avenue, Suite E
Riverside, CA 92507
(909) 684-7081
(FAX) 784-5647
Contact: Jack Easton/Michhel Pantoja
31 August 1994
Revised 14 September 1994
Murrieta Creek
Riverside County Hood Control and Water Conservation District
C.O.E. Emergency Pertnit No. 93-291-RS
Proposal for a Botanical Assessment
INTRODUCTION
Tierra Madre Consultants, Inc. CYMC) proposes to perform a Botanical Assessment of the
Mumeta Creek Channel for compliance with the conditions of the U.S. Army Corps of
Engineers (C.O.E.) Emergency Permit No. 93-291-RS. The project area (Channel) extends
from Hawthorn Street to Old Town Temecula (33,800_+ linear feet) and within this area
encompasses the entire channel, from top-of-bank to top-of-bank. The Channel is divided into
three distinct reaches as follows:
Reach 1: Responsibility of Riverside County Flood Control and Water
Conservation District (District) - Hawthorn St. to the Temecula Rancho line -
20,100_+ linear feet
Reach 2: Responsibihty ofKemper Community Development-Temecula Rancho
line to vicinity of Rancho California Road (300+ feet downstream) - 6,500_+
linear feet
Reach 3: Responsibility of City of Temecula - vicinity of Rancho California
Road to vicinity of Second San Diego Aqueduct - 7,200+ linear feet
The proposed Scope of Services consists of field surveys, preparation of quarterly reports (one
for each Reach), and as-needed consultation. This proposal includes a detailed estimate of the
cost to perform the services for each reach. TMC will account for and separately invoice the
District for the respective Reaches of the Channel.
SCOPE OF SERVICES
I. TMC proposes to collect field data by sampling the vegetation within the Channel.
A. Sampling transects will be located at 1,000-foot intervals along the entire length of
the Channel. Each transect will be 5.0 feet in width and will extend, perpendicular to
the flow line, from the top-of-bank to the top-of-bank. The location of each Wansect will
be marked on-site and will be noted on an appropriate base map of the Channel (i.e.
scale 1" = 200'), photographs will be taken of each transect. The Wansects will be
surveyed as close as possible to the original location for each of the quarterly surveys.
A total of 33 transects will be established along the Channel (20 within Reach 1, 7 within
Reach 2, and 6 within Reach 3).
B. Each sampling transect will be surveyed on a quarterly basis for a total of four
surveys during the one-year duration of the Botanical Assessment. Surveys will be
.performed in September 1994, December 1994, March 1995, and June 1995. As there
is expected to be only minimal change in species composition and structure between the
September and December surveys, the December 1994 survey may consist only of noting
changes in site conditions {e.g. vegetation removed b scouting) or may consist of a full
sampling effort. The actual survey type to be per~rmed will b~ determined through
cot~sultation with the District following the completion of the September survey and
through a review of site conditions (e.g. flooding).
14 SI:PTF. MBER 1994 - RCFC&WCD:MURR CR,K
At IACHMENT "A"
C. On each transect survey, sampling will be performed to provide information on the
species composition and structure per the C.O.E. specified Mitigation Success Criteria.
At each 3.0-foot interval along the transect, a point will be projected vertically into the
vegetation. Each species intercepted by the point will be recorded, providing a tally of
"hits" for each species. The height of marsh, ~parian, and/or mulefat scrub vegetation
will be measured at each point. Percent cover and average height for each vegetati6n
layer will be calculated from these data. Finally, a list of all additional species within
the 5.0-foot wide transect will be made. Transect surveys will be performed by a two-
person crew consisting of a Senior Biologist and a Field Technician.
D. As part of the first of the quarterly surveys (September 1994), the entire Channel
will be surveyed to identify locations of non-native vegetation including those species
identified in the C.O.E. Mitigation Success Criteria. The species present will be noted
and their distribution will be recorded on the base map of the Channel. Non-native
vegetation surveys will be performed by a Field Technician under the direction of a
Senior Biologist.
E. Following the implementation of techniques to control non-native vegetation, TMC
will survey the entire Channel to assess the success of the control techniques. The
survey will be performed in spring of 1995 (e.g. April). Those areas which have been
successfully treated and any areas requiring additional treatment will be noted on the base.
map of the Channel.
n'. TMC proposes to prepare quarterly reports to document the results of the vegetation
sampling surveys.
A. Upon completion of each quarterly sampling survey TMC will prepare three
quarterly reports (one for each of the thxee reaches). Information to be presented in the
reports will include: description of the survey area, sampling methodology, results of the
sampling surveys, a discussion of changes in the vegetation relative to the C.O.E.
Mitigation Success Criteria, maps and photographs, and copies of field data sheets. The
reports will also recommend techniques for control of non-native vegetation which may
be present in the Channel and will assess the success of such control techniques following
their implementation.
B. Each quarterly report will be submitted to the District in a Draft format for review
and comment. TMC will meet with the District, as-needed, to discuss any comments and
revise the reports. Final reports will be prepared and submitted following consultation
with the District.
III. A TMC Senior Biologist will be available, as-needed, to consult with District personnel
and/or personnel of regulatory agencies regarding survey methodology, data interpretation, and
any other pertinent issues. Consultation with personnel of regulatory agencies will be conducted
only at the direction of the District.
14 SI'YII=,IvlIIER 1994 - RCFC&WCD:MURR CRK
ATTACHMENT "A"
SCHEDULE
I. Field surveys will be completed during the month specified for the respective quarterly
surveys (i.e. September 1994, December 1994, March 1995, and June 1995).
II. Draft quarterly reports will be completed and submitted to the District no later than the
fifteenth of the following month (i.e. September 1994 survey results to be submitted in Draft
report no later than 15 October 1994). Final quarterly reports will be submitted to the District
within one week of r~eipt of the District comments on the Draft reporU or within 30 days of
submittal of Draft report if no comments are received.
14 SF, FTE~BEP, 1994 - RCFCAWCD:MUII.R CI.K
3
A'R'AOHMENT "A"
NOT-TO-EXCEED COST ESTIMATE
FIELD SURVEYS
REACH I 2,575.00 946.00 515.00/
2,575.00~
REACH 2 890.00 490.00 275.001
890.00
REACH 3 795.00 490.00 275.00/
795.00
2,575.00 2,575.00
890.00 890.00
795.00 795.00
TOTAL
$ 9,186.00/
11,246.00
$ 3,435.00/
4,050.00
$ 3 150.00/
~.670.00
REACH 1
REACH 2
REACH 3
REPORT PREPARATION
SEPT. 94 I[DEC. 94 MAR. 95 JUN 95
& NNV & NNV
1,940.00 320.00/ 1,020.00 2,220.00
1.020.00
1,535.00 320.00/ 900.00 1,745.00
900.00
1,535.00 320.00/ 900.00 1,745.00
900.00
TOTAL
$ 5,500.00/
6.200.00
$ 4,500.00/
5,080.00
$ 4,500.00/
5.080.00
CONSULTATION
REACH 1 190.00 120.00 120.00 120.00
REACH 2 70.00 50.00 50.00 50.00
REACH 3 60.00 30.00 30.00 30.00
GRAND TOTAL
REACH I 9,186.00/ 5,500.00/ 550.00
; 11,246.00 6.200.00
REACH'2 3,435.00/ 4,500.00/ 220.00
4,050.00 5,080.00
REACH3 ·: ::~: 3 150.00/ 4,500.00/ 150.00
,670.00 5,080,00
TOTAL. :
$ 550.00
$ 220.00
$150.00
TOTAL;COST
$ 15,236.00/
17~996.00
$ 8 155.00/
~,350.00
$ 7 800.00/
.9oo.oo
'['1/'2: 1
2
Cost if Dec.'94 marvey copJim only of noting changet in s~tt conditlom.
The above costs are based on the following billing rates:
Principal $80/hr.
Senior Biologist $60/hr.
Field Technician $35/hr.
Draftsman $35/hr.
14 SEPTEMBER 1994 - RCFC&WCD:MURR CRK
.4
ATTACHMENT
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FUNDING AGREEMENT
The RIVERSIDE COUNTY FLOOD CONTROL i~ND WATER CONSERVATION
DISTRICT, ("DISTRICT"), the CITY OF TEM_ECULA, ("CITY"), and
F~EMPER COI~qLTNITY DEVELOPMENT COMPANY, ("DEVELOPER"), hereby agree
as follows:
RECITALS
A. In the Spring of 1993, the U.S. Army Corps of Engineers
issued Emergency Permit No. 93-291-RS ("PERMIT") jointly to
DISTRICT, CITY and DEVELOPER after devastating flooding occurred
along Murrieta Creek Channel so that DISTRICT, CITY and DEVELOPER
could undertake emergency flood protection and remedial/
restorative work along CREEK; and
B. As part of PERMIT, a botanical assessment in Murrieta
Creek Channel is
C. DISTRICT,
toward the cost of
required; and
CITY and DEVELOPER will each contribute
a consultant ("CONSULTANT") an amount which
will cover the costs of CONSULTANT to perform the required
botanical assessment on DISTRICT'S, CITY'S and DEVELOPER'S
respective reaches of Murrieta Creek Channel; and
D.- For convenience, the DISTRICT will administer a
consulting services agreement on behalf of DISTRICT, CITY and
DEVELOPER for CONSULTANT to perform the required botanical
assessment. A copy of the consulting services agreement is
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attached hereto substantially in final form as Exhibit "A" and
thereby made a part hereof.
IT IS THEREFORE, mutually agreed as follows:
1. DISTRICT shall administer a consulting services
agreement with CONSULTANT to perform the botanical assessment
required as part of PERMIT.
2. CITY has deposited eight thousand nine hundred dollars
($8,900.00) as an estimate of CITY'S share for cost of
CONSULTANT'S work on CITY'S reach of Murrieta Creek Channel. A
final itemized accounting of all costs by CONSULTANT shall be
made by DISTRICT within forty-five (45) days after completion of
CONSULTANT'S work. Should additional funds be required, CITY
shall pay DISTRICT within thirty (30) days after receipt of
invoice. If the deposit exceeds CONSULTANT'S work costs,
DISTRICT will reimburse CITY within thirty (30) days.
3. DEVELOPER has deposited nine thousand three hundred
fifty dollars ($9,350.00) as an estimate of DEVELOPER'S share for
cost of CONSULTANT'S work on DEVELOPER'S reach of Murrieta Creek
Channel. A final itemized accounting of all costs by CONSULTANT
shall be made by DISTRICT within forty-five (45) days after
completion of CONSULTANT'S work. Should additional funds be
required, DEVELOPER shall pay DISTRICT within thirty (30) days
after receipt of invoice. If the deposit exceeds CONSULTANT'S
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work costs, DISTRICT will reimburse DEVELOPER within thirty (30)
days
4. Each party, as to any claim or liability arising out
any act or omission with references to any work performed by or
authority delegated to such party as a result of this agreement,
shall save, defend, indemnify and hold harmless the other parties
and their officers and employees from all liability for death or
injury to person, or damage to property, or claim therefor.
5. Any notices sent or required to be sent to either partyM
shall be mailed to the following addresses:
RIVERSIDE COUNTY FLOOD CONTROL CITY OF TEMECULA
AND WATER CONSERVATION DISTRICT 43174 Business Park Drive
1995 Market Street Temecula, CA 92590
Riverside, CA 92501-1719 Attn: Ray Casey
KEMPER COMMUNITY DEVELOPMENT, CO.
27555 Ynez Road
Suite 202
Temecula, CA 92591
Attn: Mr. Dennis Chiniaeff
6. This agreement is the result of negotiations between
the parties hereto, and the advice and assistance of their
respective counsel. The fact that this agreement was prepared as
a matter of convenience by DISTRICT shall have no import or
significance. Any uncertainty or ambiguity in this agreement
shall not be construed against DISTRICT because DISTRICT prepared
this agreement in its final form.
7. Any waiver by DISTRICT, CITY or DEVELOPER of any breach
by the other of any one or more of the terms of this agreement
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IN WITNESS WHEREOF,
agreement on
( to be
RECOMMENDED FOR APPROVAL:
KENNETH L. EDWARDS
General Manager-Chief Engineer
APPROVED AS TO FORM:
WILLIAM C. KATZENSTEIN
County Counsel
BYDe~t~y/'~/~d~F~=~l
Dated
the parties hereto have executed this
filled in by Clerk of the Board)
R/%'ERSIDE COUNTY FLOOD CONTROL
WATER CONSERVATION DISTR/CT
By
Chairman, Board of Supervisors
ATTEST:
GERALD A. MALONEY
Clerk Of the Board
By
Deputy
(SEAL)
RECOMMENDED FOR APPROVAL:
eer )
Dated l/~ ~- ~c~
APPROVED AS TO FORM:
By
City Attorney
a~rmt989
9/22/94
CITY OF TEMECULA
By
Mayor
ATTEST:
By
City Clerk
(SEAL)
KEMPER COMMUNITY DEVELOPMENT, CO
By
Title
( NOTARY )
-5-
EXHIBIT "A"
Consulting Services Agreement
for Botanical Assessment
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CONSULTING SERVICES AGREEMENT
RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT, hereinafter called "DISTRICT", and TIERRAMADRE
CONSULTANTS, INC., hereinafter called "CONSULTANT", hereby agree
as follows:
1. PROJECT - CONSULTANT shall perform consulting services for
the project described as Murrieta Creek Biological
Assessment for U.S.C.O.E. Emergency Permit No. 93-291-RS,
Project No. 7-0-0020.
2. SCOPE OF SERVICES - CONSULTANT shall furnish tools,
equipment, facilities, materials and labor necessary to
perform in a complete, skillful and professional manner
those consulting services described on Attachment "A" hereto
and made a part hereof.
TIME FOR PERFORMANCE - CONSULTANT shall commence performance
of service upon execution of this Agreement, and shall
diligently perform the services for a period of one year
after the date of commencement.
COMPENSATION - DISTRICT shall pay CONSULTANT for services
performed and expenses incurred in accordance with the
standard rates set forth on Attachment "B" hereto and made a
part hereof. The total amount of compensation paid to
CONSULTANT under this Agreement shall not exceed the sum of
forty thousand dollars ($40,000) unless a written amendment
to this Agreement is executed by both parties prior to
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performance of additional services.
5. PAYMENT - Payments to CONSULTANT shall be made by DISTRICT
following satisfactory performance of the services as set
forth herein and within thirty (30) days after DISTRICT'S
receipt of appropriate monthly invoices from CONSULTANT.
CONSULTANT shall keep employee and expense records according
to customary accounting methods and such records shall be
available for inspection by DISTRICT to verify the invoices
of CONSULTANT. All invoices shall itemize charges to
conform with the portion(s) of work and estimated costs as
set forth on Attachment "B".
6. LICENSES CONSULTANT, its employees, agents, contractors
and subcontractors shall maintain professional licenses
required by the laws of the State of California at all times
while performing services under this Agreement.
7. PERMITS AND RIGHTS OF ENTRY - DISTRICT will obtain all
rights of entry as may be required to perform the proposed
consulting services within and upon privately-owned
property. All permits and rights of entry as may be
required from any and all affected public entities shall be
obtained by CONSULTANT. Sufficient evidence of having
obtained such permits and/or rights of entry shall be
furnished to DISTRICT by CONSULTANT, prior to initiation of
work. CONSULTANT will prosecute the work in such a manner
as to minimize public inconvenience and possible hazard, nd
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will restore the streets and other work areas to their
original condition and former usefulness as soon as
practicable. CONSULTANT shall be responsible for the
protection of public and private property adjacent to the
work and shall exercise due caution to avoid damage to such
property.
NOTICES - Any and all notices sent or required to be sent to
the parties of this Agreement will be mailed by first class
mail, postage prepaid, to the following addresses:
RIVERSIDE COUNTY FLOOD CONTROL TIERRAMADRE
AND WATER CONSERVATION DISTRICT CONSULTANTS, INC.
1995 Market Street 1159 Iowa Avenue, Suite E
Riverside, CA 92501-1719 Riverside, CA 92507
WORKER'S COMPENSATION INSURANCE - CONSULTANT certifies that
it is aware of the laws of the State of California requ.iring
employers to be insured against liability for worker's
compensation and shall comply with such laws during the term
of this Agreement.
INDEMNITY.AND HOLD HARMLESS - CONSULTANT agrees to and ~hall
indemnify and hold DISTRICT, its officers, employees and
agents free and harmless from all claims, actions, damages
and liabilities of whatsoever kind and nature arising from
death, personal injury, property damage or other cause
asserted or, based upon any negligent act or omission of
CONSULTANT, its employees, agents, invitees, or any
subcontractor of CONSULTANT relating to or in any way
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12.
connected with the accomplishment of the work or perform'
of services under this Agreement, regardless of the
existence or degree of fault or negligence on the part of
DISTRICT or any officer or employee of said DISTRICT, other
than the active negligence of DISTRICT, its officers,
employees or agents. As part hereto of the foregoing
indemnity CONSULTANT agrees to protect and to defend at its
own expense, including attorneys' fees, DISTRICT, its
officers, agents and employees from any and all legal action
based upon any acts or omissions, as stated hereinabove, by
any person or persons.
WORK PRODUCT - CONSULTANT shall provide DISTRICT with a
minimum of eight (8) original copies of each of the fina~
quarterly reports. All drawings, logs and reports shall De
and remain the sole property of DISTRICT.
TERMINATION - This Agreement may be terminated by either
CONSULTANT or DISTRICT upon written notice to the other
party in the event of substantial failure of performance by
the other party or in the event DISTRICT shall elect to
abandon or indefinitely postpone the project. In the event
DISTRICT abandons or indefinitely postpones the project and
gives such notice of termination, DISTRICT shall make
payment for all services performed to the date of written
notice in a total amount which bears the same ratio to the
total maximum fee otherwise payable under this Agreemen~ ~
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20
21
22
23
24
25
26
27
28
14.
II
II
the services actually performed bear to the total services
necessary for performance of this Agreement.
ASSIGNMENT - Neither this Agreement nor any part thereof
shall be assigned by CONSULTANT without the prior written
consent of DISTRICT.
NON-DISCRIMINATION - In the performance of the terms of
this Agreement, CONSULTANT shall not engage in nor permit
others he may employ to engage in discrimination in the
employment of persons because of the race, color, national
origin or ancestry, religion, physical handicap, disability
as defined by the Americans with Disabilities Act (ADA),
medical condition, marital status or sex of such personS, in
accordance with the provision of California Labor Code
Section 1735.
- 5 -
1
2
4
5
6
8
9
10
ll
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
This Agreement is executed on
RECOMMENDED FOR APPROVAL:
KENNETH L. EDWI~RDS
General Manager-Chief Engineer
SCT:mcv
agrmt987
09/15/94
(to be filled in by Clerk of the Board)
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
Chairman, Board of Supervisors
ATTEST:
GERALD A. MALONEY
Clerk of the Board
By
Deputy
(SEAL)
TIERRAMADRE CONSULTANTS,
By
Responsible Officer
Printed Name
Title
/Lrea Code/Phone Number
INr '
- 6 -
Murrieta Creek
C.O.E. Emergency Permit No. 93-291-RS
Proposal for a Botanical Assessment
Prepared for:
Riverside County Flood Control
and Water Conservation District
1995 Market Street
P.O. Box 1033
Riverside, CA 92501-1719
(909) 275-1233
(FAX) 788-9965
Contact: Art Ka'ueger
Prepared by:
TIERRA MADRE CONSULTANTS, INC.
1159 Iowa Avenue, Suite E
Riverside, CA 92507
(909) 684-7081
(FAX) 784-5647
Contact: Jack Easton/Michael Pantoja
31 August 1994
Revised 14 September 1994
Murrieta Creek
Riverside County Flood Control and Water Conservation District
C.O.E. Emergency Permit No. 93-291-RS
Proposal for a Botanical Assessment
INTRODUCTION
Tierra Madre Consultants, Inc. CTMC) proposes to perform a Botanical Assessment of the
Murrieta Creek Channel for compliance with the conditions of the U.S. Army Corps of
Engineers (C.O.E.) Emergency Permit No. 93-291-RS. The project area (Channel) extends
from Hawthorn Street to Old Town Temecula (33,800_+ linear feet) and within this area
encompasses the entire channel, from top-of-bank to top-of-bank. The Channel is divided into
three distinct reaches as follows:
ReaCh l: Responsibility of Riverside County Flood Control and Water
Conservation District (District) - Hawthorn St. to the Temecula Rancho line -
20,100_+ linear feet
Reach 2: Responsibility of Kemper Community Development - Temecula Rancho
line to vicinity of Rancho California Road (:300_+ feet downstream) - 6,500_+
linear feet
Reach 3: Responsibility of City of Temecula - vicinity of Rancho California
Road to vicinity of Second San Diego Aqueduct - 7,200+ linear feet
The proposed Scope of Services consists of field surveys, preparation of quarterly reports (one
for each Reach), and as-needed consultation. This proposal includes a detailed estimate of the
cost to perform the services for each reach. TMC will account for and separately invoice the
District for the respective Reaches of the Channel.
SCOPE OF SERVICES
I. TMC proposes to collect field data by sampling the vegetation within the Channel.
A. Sampling transects will be located at 1,000-foot intervals along the entire length of
the Channel. Each transect will be 5.0 feet in width and will extend, perpendicular to
the flow line, from the top-of-bank to the top-of-bank. The location of each transect win
be marked on-site and will be noted on an appropriate base map of the Channel (i.e.
scale 1" = 200'), photographs will be taken of each transect. The transects will be
surveyed as close as possible to the original location for each of the quarte~y surveys.
A total of 33 transects will be established along the Channel (20 within Reach 1, 7 within
Reach 2, and 6 within Reach 3).
B. Each sampling transeet will be surveyed on a quarterly basis for a total of four
surveys during the one-year duration of the Botanical Assessment. Surveys will be
performed in September 1994, December 1994, March 1995, and June 1995. As there
is expected to be only minimal change in species composition and structure between the
September and December surveys, the December 1994 survey may consist only of noting
changes in site conditions (e.g. vegetation removed by scouring) or, may consist of a full
sampling effort. The actual survey type to be performed will be determined through
consultation with the District following the completion of the September survey and
through a review of site conditions (e.g. flooding).
1
14 SF_PTEaMBE. R 1994 - RCFC&WCD:M URR CRK
A'!'FACHMENT "A"
C. On each transect survey, sampling will be performed to provide information on the
species composition and structure per the C.O.E. specified Mitigation Success Criteria.
At each 3.04001 interval along the transect, a point will be projected vertically into the
vegetation. Each species intercepted by the point will be recorded, providing a tally of
"hits" for each species. The height of marsh, ripman, and/or mulefat scrub vegetation
will be measured at each point. Percent cover and average height for each vegetati6n
layer will be calculated from these data. Finally, a list of all additional species within
the 5.0-foot wide transect will be made. Transect surveys will be performed by a two-
person crew consisting of a Senior Biologist and a Field Technician.
D. As part of the first of the quarterly surveys (September 1994), the entire Channel
will be surveyed to identify locations of non-native vegetation including those species
identified in the C.O.E. Mitigation Success Criteria. The species present will be noted
and their distribution will be recorded on the base map of the Channel. Non-native
vegetation surveys will be performed by a Field Technician under the direction of a
Senior Biologist.
E. Following the implementation of techniques to control non-native vegetation, TMC
will survey the entire Channel to assess the success of the control techniques. The
survey will be performed in spring of 1995 (e.g. April). Those areas which have been
successfully treated and any areas requiting additional treatment will be noted on the base
map of the Channel.
II. TMC proposes to prepare quarterly reports to document the results of the vegetation
sampling surveys.
A. Upon completion of each quarterly sampling survey TMC will prepare three
quarterly reports (one for each of the three reaches). Information to be presented in the
reports will include: description of the survey area, sampling methodology, results of the
sampling surveys, a discussion of changes in the vegetation relative to the C.O.E.
Mitigation Success Criteria, maps and photographs, and copies of field data sheets. The
reports will also recommend techniques for control of non-native vegetation which may
be present in the Channel and will assess the success of such control techniques following
their implementation.
B. Each quarterly report will be submitted to the District in a Draft format for review
and comment. TMC will meet with the District, as-needed, to discuss any comments and
revise the reports. Final reports will be prepared and submitted following consultation
with the District.
rll. A TMC Senior Biologist will be available, as-needed, to consult with District personnel
and/or personnel of regulatory agencies regarding survey methodology, data interpretation, and
any other pertinent issues. Consultation with personnel of regulatory agencies will be conducted
only at the direction of the District.
14 SEFi la~IlIER 1994 - RCFC&WCD:MURR CRK
2
ATTACHMENT "A"
SCHEDULE
I. Field surveys will be completed during the month specified for the respective quarterly
surveys (i.e. September 1994, December 1994, March 1995, and June 1995).
II. Draft quarterly reports will be completed and submitted to the District no later than the
fifteenth of the following month (i.e. September 1994 survey results to be submitted in Draft
report no later than 15 October 1994). Final quarterly reports will be submitted to the District
within one week of receipt of the District comments on the Draft reports or within 30 days of
submittal of Draft report if no comments are received.
14 $F-PItMBE~ 1994 - RCFC&WCD:MURR CIK
3
ATi'ACHMENT "A"
NOT-TO-EXCEED COST ESTIMATE
FIELD SURVEYS
REACH I 2,575.00 946.00 515.00/
2,575.001'
REACH 2 890.00 490.00 275.00/
890.00
REACH 3 795.00
2,575.00 2,575.00
890.00 890.00
490.00 275.00/ 795.00 795.00
795.00
REPORT PREPARATION
& NNV : & NNV
REACH I 1,940.00 320.00/ 1,020.00 2,220.00
1,020.00
REACH 2 1,535.00 320.00/ 900.00 1,745.00
900.00
REACH 3 1,535.00 320.00/ 900.00 1,745.00
900.00
TOTAL
9,186.00/
1 ! ,246.00
3,435.00/
4.050.00
3 150.00/
~ 7
.6 0.00
TOTAL
$ 5,500.00/
6,200.00
$ 4,500.00/
5.080.00
$ 4,500.00/
5.080.00
CONSULTATION
REACH I : 190.00 120.00 120.00 120.00
REACH 2 70.00 50.00 50.00 50.00
REACH 3 60.00 30.00 30.00 30.00
GRAND TOTAL
REACH i : 9,186.00/ 5,500.00/ 550.00
I 1,246.00 6.200.00
REACH 2 3,435.00/ 4,500.00/ 220.00
4.050.00 5,080.00
REACH3 ~i 3 150.00/ 4,500.00/ 150.00
:: 2,670.00 5,080.00
~TOTAL.
$ 550.00
$ 220.00
$ 150.00
TOTAL COST
$ 15,236.00/
17,996.00
$ 8 155.00/
~.350.00
$ 7 800.001
~.900.00
2
The above costs ate based on the following billing rates:
Principal $80/hr.
Senior Biologist $60/hr.
Field Technician $35/hr.
Draftsman $35/hr.
14 $EFFEMBER 1994 - RCFC&WCD;MURR CRK
ATTACHMENT
ITEM 13
APPROVAL
CITY ATTORNEY 2
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
City Council/City Manager
Joseph Kicak, Interim Director of Public Works/City Engineer
November 15, 1994
SUBJECT:
Substitute Subdivision Improvement Agreement and Public improvement
Bonds in Tract No. 23125-1
PREPARED BY: '~ Albert Crisp, Permit Engineer
RECOMMENDATION:
That the City Council ACCEPT the substitute Subdivision Improvement Agreement, Traffic
Signalization Mitigation Agreement, and Faithful Performance and Labor and Material Bonds
for Street, Drainage, Water and Sewer Improvements, and Subdivision Monumentation Bond
in Tract No. 23125-1, and DIRECT the City Clerk to so advise the Developer and Sureties.
BACKGROUND:
On September 28, 1993, the City Council approved Tract Map No. 23125-1 ,and entered into
subdivision agreements with:
The Toman Company, Inc.
18002 Skypark Circle
irvine, CA 92714
for the improvement of streets and drainage, installation of sewer and water systems, and
subdivision monumentation. Accompanying the subdivision agreements were surety bonds
posted by INSCO, DICO as follows:
Bond No. 136486S in the amount of $639,000 ($451,500, $91,000, and $96,500,
respectively) to cover faithful performance for streets and drainage, and water and
sewer improvements.
Bond No. 136486S in the amount of $320,000 ($226,000, $45,500, and $48,500,
respectively) to cover labor and materials for streets and drainage, and water and
sewer improvements.
3. Bond No. 136487S in the amount of $4,212 to cover subdivision monumentation.
r:~gdzpt\94\l115\tr2312~l.chg/akc
4. Bond No. 136483S in the amount of $6,300 to cover traffic signalization mitigation
fees.
The Toman Company, Inc. sold the property subsequent to recording the tract map. The new
developer for the subdivision is:
Kaufman and Broad of San Diego, Inc.
12626 High Bluff Drive, #400
San Diego, Ca 92130
The new developer has submitted replacement agreements and securities for the contractual
work. The substituted securities are bonds posted by American Casualty Company of Reading,
Pennsylvania (AMCAS) and/or The American Insurance Company (AIC) as follows:
Bond No. 137648998 (AMCAS in the amount of $319,500) and Bond No.
11133152279 (AIC in the amount of $329,500) for a total amount of $639,000 to
cover faithful performance for streets and drainage, and water and sewer
improvements.
Bond No. 137648998 (AMCAS in the amount of $160,000) and Bond No.
11133152279 (AIC in the amount of $160,000) for a total amount of 8320,000 to
cover labor and materials for street and drainage, and water and sewer improvements.
Bond No. 137649018 (AMCAS) in the amount of $4,212 to cover subdivision
monumentation.
Bond No. 137649004(AMCAS) in the amount of $6,300 to cover traffic signalization
mitigation fees
The contractual eighteen (18) month period for completion of the work under the original
agreement (The Toman Company, Inc.) will expire March 28, 1995. It is Staff's
recommendation that the new developer (Kaufman and Broad of San Diego, Inc.) be granted
an eighteen (18) month construction completion period as set forth in the Subdivision
Improvement Agreement (Section 20*"Time for Completion of Work/Time Extensions). The
contractual completion date would become May 15, 1996.
The affected streets, although not completed nor accepted, are Calle Morita, Via Chapparo,
and portions of Via Sabino, De Portola Road, and Butterfield Stage Road.
FISCAL IMPACT:
None
Attachment:
Location Map
Substitute Public Improvement Bonds (on file)
Substitute Agreement (on file)
r:~gdrpt\94\l 115\t$~t 1251
NOT TO
SCALE ~,~
~ '
!
TRACT NO. 23125-1
Location Map
ITEM 14
CITY MANAGER
TD:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Interim Director of Public Works/City Engineer
November 15, 1994
Final Vesting Tract Map No. 24133 (located east of Margarita Road and
south of Santiago Road)
PREPARED BY: Raymond A. Casey, Principal Engineer - Land Development
?~y~Annie Bostre-Le, Engineering Technician
RECOMMENDATION:
That the City Council approve Final Vesting Tract Map No. 24133 subject to the Conditions
of Approval.
BACKGROUND:
Tentative Tract No. 24133 was originally approved by the Riverside County Board of
Supervisors on May 15, 1989. Tentative Tract No. 24133 was granted an extension of time
together with the "Amendment and Restatement of Memorandum of Understanding between
the City of Temecula, Bedford Development Company, and Mesa Homes (Park Fees)" recorded
February 18, 1993. The Developer has met all of the applicable Conditions of Approval.
Final Vesting Tract No. 24133contains 80 residential lots and 3 open space lots within 22.23
gross acres. The tract is located east of Margarita Road and south of Santiago Road. This
tract is part of the Meadows Specific Plan (County approved SP No. 219) and County of
Riverside Development Agreement No. 4. The applicant is Kemper Real Estate Development
Company (KRDC), Inc.
The following fees have been paid for Final Vesting Tract Map No. 24133:
Signal Mitigation Fee
Fire Mitigation Fee
Stephen's K-Rat Fee
$12,000.00
$32,000.00
$43,348.50
-1-
r:\agdrpt\94\1115\24133.agn
The following fees have been deferred for Final Vesting Tract Map No. 24133:
Public Facilities Fee
Flood Control Fee lAPP)
Due prior to Building Permit
Exempt per RCFCD letter
dated 9-17-93 (attached)
The Quimby requirement has been satisfied pursuant to the Amendment and Restatement of
the Development Agreement for the Paloma Del Sol Specific Plan and the subsequent
dedication of Paloma Del Sol Park and a future 7.44 acre park.
The initial Paloma Del Sol City Park has been completed and was accepted by the City on
January 25, 1994.
The following bonds have been posted for Final Vesting Tract Map No. 24133:
Faithful Labor &
Performance Material
Subdivision
Monument
Street and Drainage $ 490,000 $ 245,000
Water 121,500 60,750
Sewer 139,500 69,750
Survey Monuments
7,600
FISCAL IMPACT:
None
ATTACHMENTS:
2.
3,
4.
5.
Development Fee Checklist
Location Map
Copy of Sht 3, Tract Map 24133
Fees and Securities Report
RCFCD letter dated September 17, 1993
-2- r:%agdrpt~94%1115%24133 ,agn
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
Final Vestino Tract MaD No. 24133
The following fees were reviewed by Staff relative to their applicability to this project.
Fee
Habitat Conservation Plan
(K-Rat)
Parks and Recreation
(Quimby Fees)
Traffic Signal Mitigation
Public Facility
Condition of ADDroyal
Condition No, 26b
Due Prior to Grading Permit
See Staff Report
See Road Department
Letter Dated 4112/89, Item 22
Pursuant to Development Agreement
Fire Mitigation
Flood Control (ADP)
See Fire Department
Letter Dated 2~24~89
Exempt per RCFCD letter dated 9-17-93
-3- r:\agdrpt\94\1115\24133 .agn
TO CORONA
KAISER
PARKWAy
UgA
NO. 2413:
TO SAN DIEGO
VICINITY MAP
NoT TO
SCALEs I' - 200' SHEET 3 OF 7 SHEETS
IN THE CITY OF TEMECULA
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
TRACT NO. 24133
AUGUST. I989 PSOHAS ANO ASSOCIATES
t TNE DATA
:: '-':::,",~ I
CITY OF TEMECULA ENGINEERING DEPARTMENT
FEES AND SECURITIES REPORT
TRACT MAP NO. 24133
IMPROVEMENTS
Street and Drainage
Water
Sewer
TOTAL
Maintenance Retention
Monument Security
FAITHFUL PERFORMANCE
SECURITY
$ 490,000
121,500
139,500
$ 751,000
$ 75,100
$ 17,600
DATE: November15,1994
MATERIAL & LABOR
SECURITY
$ 245,000
60,750
69,750
$ 375,500
DEVELOPMENT FEES
City Traffic Signing and Striping Costs
RCFCD Drainage Fee
Fire Mitigation Fee - Paid
Signal Mitigation Fee - Paid
Road and Bridge Benefit Fee
Other Development Fees
N/A
Exempt
32,000,00
2,000,00
N/A
T.B.D*
SERVICE FEES
Planning Fee
Comprehensive Transportation Ran
Plan Check Fee
Inspection Fee
Monument Inspection Fee
Letter of Map Revision (LOMAR Review)
Fees Paid to Date
Balance of Fees Due
*T.B.D. - To be determined
$ 184.00
$ 8.00
$ 2,410.00
$ N/A
$ 880.00
$ N/A
$ 3,482.00
$ 0.00
-4- r:~agdrpt%94\1115\24133.egn
KENNETH L. EDWARDS
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
September 17, 1993
City of Temecula
Public Works Department
43174 Business Park Drive
Temecula, CA 92591
Ladies and Gentlemen:
Re:
RECE!V2" '
SEP S 1993
CITY OF TEMECU LA
The Meadows
Paloma Del Sol West
This letter is sent at the request of Michael A. Tylman of Robert
Bein, William Frost and Associates. The following referenced
tracts are not within the boundaries of the Murrieta Creek Area
Drainage Plan. No area
developments.
drainage plan fees are required for these
TRACTS
24131-1, 2,
3&F
24133-1, 2, 3, 5 & F
24134-3 & F
24135-1, 2,
24136-1, 2,
Portions of the following tracts are
which fees have.been paid. The remainder of
are not subject to any fees:
TRACTS
24132-1 & F
24133-4
24134-1
Should you have any questions or
please feel free to contact me
c: Michael A.
SK:sl.j
skZO917a
Tylman, RBF
3&F
3&F
__ within the boundaries, for
these same tracts
& 2
require additional information,
at 909/275-1265.
~f~WARD L.' DICKER~O~ .2
Senior Civil Engineer
ITEM 15
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Interim Director of Public Works/City Engineer
November 15, 1994
Final Vesting Tract Map No. 23125-2 (located east of Butterfield Stage
Road and north of De Portola Road)
PREPARED BY: Raymond A. Casey, Principal Engineer - Land Development
~;/Annie Bostre-Le, Engineering Technician
RECOMMENDATION:
That the City Council approve Final Vesting Tract Map No. 23125-2subject to the Conditions
of Approval.
BACKGROUND:
Tentative Tract No. 23125-2Amendment No. 2 was approved by the Riverside County Board
of Supervisors on October 25, 1988. Tract No. 23125-2 was granted a three (3) year
extension of time by the City on February 11,1993, pursuant to Section 66452.6 (a) and an
additional two (2) year extension of time by the State pursuant to SB428. The Developer has
met all of the applicable Conditions of Approval.
Final Vesting Tract No. 23125-2 contains 71 residential lots within 19.52 gross acres. The
tract is located east of Butterfield Stage Road and north of De Portola Road. This tract is part
of the Vail Meadows Specific Plan (County approved SP No. 219) and County of Riverside
Development Agreement No. 23. The applicant is Kaufman and Broad of San Diego, Inc.
The following fees have been paid for Final Vesting Tract Map No. 23125-2:
Stephen's K-Rat Fee
Public Facilities Deposit
$38,064.50
$10,000.00
The following fees have been deferred for Final Vesting Tract Map No. 23125-2:
Flood Control Fee (ADP)
Signal Mitigation Fee
Fire Mitigation Fee
Not Applicable
Due prior to Building Permits
Due prior to Building Permits
-1 - r:~agdrpt\94\l 115\231252.agn
The Parkland dedication requirement (Quimby) will be satisfied with the construction and
dedication of a 2.8 acre park within Tract No. 23125-3, prior to the issuance of the 63rd
building permit for the overall project.
The following bonds have been posted for Final Vesting Tract Map No. 23125-2:
Faithful Labor &
Performance Material
Subdivision
Monument
Street and Drainage ~ 518,000 $ 259,000
Water 138,000 69,000
Sewer 116,000 58,000
Survey Monuments
$ 6,000
FISCAL IMPACT:
None
ATTACHMENTS:
2.
3.
4.
Development Fee Checklist
Location Map
Copy of Sheet 2, Tract Map 23125-2
Fees and Securities Report
-2- r:\agdrpt\94\1115\231252.agn
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
Final Vestina Tract MaD No. 23125-2
The following fees were reviewed by Staff relative to their applicability to this project.
Fee
Habitat Conservation Plan
(K-Rat)
Parks and Recreation
(Quimby Fees)
Traffic Signal Mitigation
Public Facility
Fire Mitigation
Flood Control (ADP)
Library Fees
Condition of ADoroyal
Condition No. 1 (b)
Due Prior to Grading Permit
Condition No. 22 (b)
Condition No. 20 (b)
Letter dated 6/28/88, Item 20
Condition No. 40 (a)
Due Prior to Building Permit
Condition No. 15 (c)
Letter dated 6/22/88
Condition No. 20 (a)
Due Prior to Grading Permit
Condition No. 3 (b)
Due Prior to Building Permit
(a) Condition of Approval, Third Extension of Time (dated February 11, 1993)
(b) Condition of Approval, Second Extension of Time (dated November 12, 1991)
(c) Condition of Approval, Amendment No. 2 (dated October 25, 1988)
-3- r:\egdrpt\94\l 115\231252.agn
L..d
ROAD
,~r j
"' 0
giZ '..LNI
0
CITY OF TEMECULA ENGINEERING DEPARTMENT
FEES AND SECURITIES REPORT
TRACT MAP NO. 23125-2
IMPROVEMENTS
Street and Drainage
Water
Sewer
TOTAL
Maintenance Retention
Monument Security
FAITHFUL PERFORMANCE
SECURITY
$ 518,000
138,000
116,000
$ 772,000
$ 77,200
6,000
DATE: November15,1994
MATERIAL & LABOR
SECURITY
259,000
69,000
58,000
386,000
DEVELOPMENT FEES
City Traffic Signing and Striping Costs
RCFCD Drainage Fee
Fire Mitigation Fee - Bond received
Signal Mitigation Fee - Bond received
Road and Bridge Benefit Fee
Other Development Fees
N/A
N/A
28,400.00
10,650.00
N/A
T.B.D*
SERVICE FEES
Planning Fee
Comprehensive Transportation Plan
Plan Check Fee
inspection Fee
Monument Inspection Fee
Letter of Map Revision (LOMAR Review)
Fees Paid to Date
Balance of Fees Due
*T.B.D. - To be detemqined
172.00
8.00
2,170.00
N/A
300
N/A
2,650.00
0.00
-4- r:\agdrpt%94\l 115\231252.agn
ITEM 16
APPROVAi~
CITY ATTORNEY
FINANCE OFFIC
CITY MANAGE
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
City Council/City Manager
Joseph Kicak, Interim Director of Public Works/City Engineer
November 15, 1994
SUBJECT:
Acceptance of Public Street into the City-Maintained Street System
(Mergerite Road from Winchester Road to Northerly City Limits)
PREPARED BY:/~ Albert K. Crisp, Permit Engineer.
RECOMMENDATION:
That the City Council adopt a resolution entitled:
RESOLUTION NO. 9~,-'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, ACCEPTING A CERTAIN PUBLIC
STREET CONSTRUCTED UNDER ASSESSMENT DISTRICT NO.
161 INTO THE CITY-MAINTAINED STREET SYSTEM
(MARGARITA ROAD FROM WINCHESTER ROAD TO THE
NORTHERLY CITY LIMITS)
BACKGROUND:
Assessment District No. 161-Winchester Properties was formed under the provisions of the
Municipal Improvement Act of 1913 while under the jurisdiction of the County of Riverside.
The Riverside County Transportation Department administers the construction contracts for
Assessment District No. 161 through consultant contract administrators and inspectors,
As each phase of work under the Assessment District program is completed, the consultants
recommend acceptance of the work to the Transportation Department and then to the Board
of Supervisors. The Board then accepts the recommendation and executes and has filed a
"Notice of Completion".
r:\agdrpt\94\1115\margrdad.161 1101/akc
The Assessment District contractor has satisfactorily completed Margarita Road from
Winchester Road to the Northerly City limits in accordance with County plans, specifications,
and standards. The Board of Supervisors authorized the issuance of the Notice of Completion
for the public improvements on February 15, 1994. The Riverside County Transportation
Department has so notified the City of Temecula, and the City Public Works Department has
reviewed the project in the field.
The Riverside County Transportation Department requests that the City of Temecula accept
the pertinent public improvements thereby accepting the maintenance responsibilities.
The Public Works Staff recommends City Council acceptance of the right-of-way and
acceptance of the street and drainage improvements into the City Maintained-Street System.
The portion of Margarita Road within the City Limits was dedicated to the County of Riverside
on July 3, 1974, and then accepted by Resolution of the Board of Supervisors for vesting
purposes only and not for inclusion in the County maintained-road system, said acceptance
recorded March 6, 1994.
Acceptance of the Street and Drainage improvements is recommended by Council Minute
Action. Acceptance of the street into the City Maintained-Street System shall be by City
Council Resolution in accordance with Streets and Highway Code Section No, 1806.
FISCAL IMPACT:
These streets will be integrated into the City's Pavement Management System and will receive
periodic surface and/or structural maintenance efforts. The new pavement condition of these
streets should necessitate only limited surface or structural treatments for 5 to 7 years. In
addition some erosion control measures may be necessary until such time as the parkway
improvements are completed through subsequent development activities.
ATTACHMENTS:
Resolution No. 94- with Exhibits "A-B", inclusive.
Board of Supervisors Minute Order dated September 13, 1994
cc: Brad Buron, Maintenance Superintendent
r:~agdrpt\94\1115\rnargrded.161 1101/ekc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY
OF TEMECULA, CALIFORNIA, ACCEPTING A CERTAIN
STREET INTO THE CITY-MAINTAINED STREET SYSTEM
(MARGARITA ROAD FROM WINCFIFSTER ROAD TO
THE NORTflERLY CITY LIMITS)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE
AND ORDER AS FOLLOWS:
WHEREAS, Kaiser Aema, a California General Partnership, and Murrieta Hot Springs,
a California Corporation, irrevocably dedicated in perpetuity for public road purposes, including
public utility and public service purposes, the real property in the County of Riverside, State of
California described in Exhibit "A" and shown on Exhibit "B", recorded July 3, 1974, as
Instrument No. 83317, Official Records, County of Riverside, California;
WHEREAS, The Riverside County Board of Supervisors accepted said offer of
dedication by Resolution for the purpose of vesting title in the County of Riverside but not as
part of the County Maintained-Road System, recorded March 6, 1989 as Instrument No. 68307,
Official Records, County of Riverside, California;
WHEREAS, The City of Temecula became successors-in-interest to the County of
Riverside upon Incorporation, effective December 1, 1989.
WHEREAS, The Assessment District No. 161 contractor has completed the public
improvements in accordance with the plans, specifications, and standards, and the Board of
Supervisors has issued the Notice of Completion for this phase of work;
WHEREAS, the Riverside County Transportation Department has requested that the City
of Temecula accept the completed work for maintenance purposes;
WHEREAS, the City concurs in the satisfactory completion of the work and recommends
the acceptance of this street into the City-maintained street system:
NOW, THEREFORE, BE IT RESOLVED by the City Counc'~ of the City of Temecula
as follows:
Section 1. That the City of Temecula accept into the City-maintained street system
that street offered and accepted by the County of Riverside described in Exhibits "A" and "B"
attached hereto.
Section 2. The City Clerk shall certify the adoption of this resolution and accept the
streets and portions thereof, offered to and accepted by the County of Riverside, into the City-
maintained street system as described in Exhibits "A" and "B" attached hereto.
r:\agdrpt\94H115\margfdad.'161 11011akc
EXHIBIT "A" TO liF-~OLUTION NO. 94-
Accepting the public street irrevocably dedicated
to the County of Riverside, and then accepted for
vesting purposes only by the Riverside County
Board of Supervisors, as indicated on Exhibits
"A" and "B", and accepting that portion of
subject public street within the City Limits only
into the City-maintained street system as
described below:
A. That portion of the Murrieta Portion of the Temecula Rancho as shown
by map of the Temecula Land and Water Company on f~e in Book 8,
page 359, records of the County of San Diego, State of California, being
also shown upon a map of a Record of Survey on f~e in Book 58, pages
75 through 83, inclusive of Records of Survey, records of the County of
Riverside, State of California;
A 110.00 foot strip of land over that portion of the Temecula Rancho, the
centerline of which is described as follows:
Commenc'mg at the southerly terminus of that certain course bearing
North 46°05'06" F~t 1087.06 feet in the centerline of Winchester-
Temecula Road (60.0 feet wide) as shown on said Record of Survey;
thence North 46°05'06" East 30.00 feet to the True Point of Beginning;
thence North 43o54'54'' West 147.58 feet to the beginning of a tangent
curve, concave easterly, and hay'rag a radius of 1200.00 feet; thence
northerly along said curve, through a central angle of 76°18'20" and an
arc length of 1598.41 feet; thence North 32o23'26'' East 743.94 feet to
the beginning of a tangent curve, concave westerly, and having a radius
of 1600.00 feet; thence northerly along said curve, through a central angle
of 75015'57'' and an arc length of 2101.82 feet; thence North 42°52'31"
West 1641.77 feet to the beginning of a tangent curve, concave easterly,
and having a radius of 2400.00 feet; thence northerly along said curve,
through a central angle of 38°24'16'' and an arc length of 16-8.68 feet;
thence North 04 °28' 15' West 1146.22 feet to Point "A" , said point being
in a line described as a Division Line and shown upon said Record of
Survey, said Point "A" being North 87°32'30'' West 68.45 feet from the
intersection of centerline of Elm Street and the Division Line as shown on
said-Record of Survey.
The sidelines of said strip of land are to be prolonged or shortened so as
to terminate in the above-mentioned Division Ume.
Included within this strip of right-of-way are Lots "D" and "E" of
Parcel Map No. 26852 (PMB 173, Pgs 68-73 Incl) as accepted by the
City Council, and Lot "A" of Tract No. 21340-6 CMB 183, Pgs 92-94
Incl) as accepted by the Board of Supervisors.
r:\agdrpt\94~ll15\margrdad.161 11011akc
EXHIBIT "A" TO RESOLUTION NO. 94-
Accepting the public street irrevocably
dedicated to the County of Riverside, and then
accepted for vesting purposes only by the
Riverside County Board of Supervisors, as
indicated on Exhibits "A" and "B", and
accepting that portion of subject public street
within the City Limits only into the City-
maintained street system as described below:
A. That portion of the Murrieta Portion of the Temecula Rancho as
shown by map of the Temecula Land and Water Company on file
in Book 8, page 359, records of the County of San Diego, State
of California, being also shown upon a map of a Record of Survey
on file in Book 58, pages 75 through 83, inclusive of Records of
Survey, records of the County of Riverside, State of California;
A 110.00 foot strip of land over that portion of the Temecula
Rancho, the centerline of which is described as follows:
Commencing at the southerly terminus of that certain course
bearing North 46°05'06" East 1087.06 feet in the centerline of
Winchester-Temecula Road (60.0 feet wide) as shown on said
Record of Survey; thence North 46°05'06'' East 30.00 feet to the
True Point of Beginning; thence North 43054'54" West 147.58
feet to the beginning of a tangent curve, concave easterly, and
having a radius of 1200.00 feet; thence northerly along said
curve, through a central angle of 76°18'20" and an arc length of
1598.41 feet; thence North 32023'26" East 743.94 feet to the
beginning of a tangent curve, concave westerly, and having a
radius of 1600.00 feet; thence northerly along said curve, through
a central angle of 75015'57" and an arc length of 2101.82 feet;
thence North 42°52'31" West 1641.77 feet to the beginning of
a tangent curve, concave easterly, and having a radius of 2400.00
feet; thence northerly along said curve, through a central angle of
38°24'16'' and an arc length of 16-8.68 feet; thence North
04°28'15' West 1146.22 feet to Point "A", said point being in a
line described as a Division Line and shown upon said Record of
Survey, said Point "A" being North 87o32'30" West 68.45 feet
from the intersection of centerline of Elm Street and the Division
Line as shown on said Record of Survey.
The sidelines of said strip of land are to be prolonged or shortened
so as to terminate in the above-mentioned Division Line.
Included within this strip of right-of-way are Lots "D" and "E" of
Parcel Map No. 26852 (PMB 173, Pgs 68-73 Incl) as accepted by
the City Council, and Lot "A" of Tract No. 21340-6 (MB 183, Pgs
92-94 Incl) as accepted by the Board of Supervisors.
r:~agdrpt\94\l115\margrdad.161 1101/ekc
EXHIBIT "B" TO RESOLUTION NO. 94-,
SUBJECT ACCEPTANCE - PORTION OF MARGARITA ROAD
VICINITY MAP
NOT TO SCALE
7Z 2/~4o .~
V,[r/,-Ic~'--/.ES'T~'P' ,~--~/':"~
FROH: TmnsporUtion Dcpt SUBMITTALDATE: September I, 1994 ~)
David E. Bashart %. ,,..
SUBECT: NodceofComplcrj. on-S~nUOer~;udisCr~kCha.nnc[Improvcme~u,
Pha, s~ IVB, and Impzov~mcnts on Nichola~ Road, A~sessm~nc Disuict 161,
T,'m~cula =rc~
i~SCOM~m~rDED z,{o'noN: Th~c u~: Bo~d cx~cut~ ~nd RI~ me ~tt~ch~ 'Nonce of Completion."
BACK6RO~: ' By Minut~ Ord~ 4,8 of ~:ob~r ~6, 1993, ~e ~d ent~r~ ~m ~ agr~m:n~
wi~ Com~ci~ Con~ctor~, Inc. ~o ~ns~c~ ~ Ge~dis Cr~ Chmnel Improvcmcnu, Phue
IVB, ~d Nichol~ Road Improv~mcn~ in ~e Tcm~ul~ ~. ~c b~d ~mount of the ~n~ct w~
$4,~,~.~. ~c f~ amcnd~ ~n~ct ~mount (~cluding c~gc orders) is ~p~t~ to be
~,10~,~.~, w~ch is .32% gru~ ~ ~e odg~ ~n~ct ~ounL ~ work h~ b~
~mplet~ ~ ~nform~ wi~ ~c pl~ ~d ~p~ons on Au~t 3, 1994. ~ work was
in~ by ~b~ A. Wcbb As~. ~O~ ~S0IOR)
post-lr. br, nd fax transmittel memo 76"/1
Dzv~d E. Ba. rnhazt
Di~cctor of Transportation
k'INANCEAL DATA:
cLlU~r=.h'T "Z~A.R COST $ 0 A~kT.. COSTS 0
NET COUNTY COJT $ 0 IN CtrRILENT YEA.K ~FDGE'T:
BUDGET ADJUSTMENT: YES/ NO/x
SOblCE O1~ FUNDS: A.D. 16~ Bond Procells
YESIx NO/
c.A.o. mmo~mm>ATxo~: .AppRO,,,.,-t
Date;
Ire,. Aim ref.
~,.8 - 10/26/93
ltOll,.k4 I i Our. l/~'v)
. A~l~dve O~c~ Sigut~e (~_
MINUTES OF THE BOARD iO~UPER~ISORS
on motion of Supervisor LaPson, seconded by Supervisor Buster
and duly carried by unanimous vote, IT WAS ORDERED that the above
matter is approved as recommended.
Ayes: Buster, Dunlap, Coniceros
, Larson and You ve
Noes: None . G reld A oney
Absent: Nonc er/ahl ~eput/y
September 13 1994 '
Transpo i~n, Recorder'
AGENDA NO.
Dist: Fiscal D~flce w/No~tce o~ Completion
·
93410&~=/Kin/och
ITEM 17
CITY MANAGEP~
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Interim Director of Public Works/City Engineer
November 15, 1994
Final Parcel Map 25212 (located at the Northeast corner of the
intersection of Nicolas Road and Liefer Road)
PREPARED BY: ~J/~..aymond A. Casey, Principal Engineer - Land Development
<~Jim D. Faul, Assistant Engineer
RECOMMENDATION:
That City Council rescind their approval of Final Parcel Map No. 25212 and release the
associated Street and Water Improvement bonds.
BACKGROUND:
Final Parcel Map 25212 was approved by the City Council on February 9, 1993. However,
the Developer never recorded the Final Parcel Map. The Developer has requested (see
attached letter) that the approval of the Final Parcel Map be rescinded and the associated
improvement bonds be released at this time.
Final Parcel Map 25212 is a four (4) parcel residential development located at the northeast
corner of the intersection of Nicolas Road and Liefer Road. The subdivision created four one-
acre parcels and the Change of Zone No. 5663 allowed a residential dwelling on a one-half
acre lot. The development currently has one existing residential dwelling on one of the one-
acre parcels and the remaining parcels are undeveloped.
Tentative Parcel Map 25212, along with Change of Zone No. 5663, was approved by the City
Council on December 11, 1990. An application for a First Extension of Time that was filed
on November 9, 1992 that extended the expiration date of the Tentative Parcel Map 25212
to December 11, 1993. Tentative Parcel Map 25212 expired on December 12, 1993.
Even though Tentative Parcel Map 25212 has expired, section 66452.6(d) of the 1994
Subdivision Map Act allows for the recordation of a Final Parcel Map after the tentative map
has expired. Therefore it is necessary to rescind the City Council's approval of Final Parcel
Map No. 25212.
-1- r:~agdqn\94\lllS~pm25212
The following bonds were posted for Final Parcel Map No. 25212:
Faithful Performance Other Bonds
Streets and Drainage $ 49,511
Water 1,500
Sewer 0
Survey Monuments $ 3,500
Labor & Materials
$ 24,756
750
0
FISCAL IMPACT:
None.
Attachments:
Location Map
Copy of Sheet 2 of Final Parcel Map 25212
Copy of Notarized Letter dated October 20, 1994 from Durango Development
-2- r.~gdrF.\94~l 115~pm23212
Durango Development
Engineering Lic:
RCE C044518
27840 Del Rio Road. Surge D
Ternecula, CA 92590
Tel: (909) 695-7227 Fax: (909) 695-7230
Consrdction Lic:
Class A 661087
October 20, 1994
Mr. Jim Faul
City of Temecula, Engineering Depart.
43174 Business Park Drive
Temecula, CA 92590-3606
RE: Parcel MaD 25212 - Liefer Road, Temecula
Dear Mr. Faul:
Pursuant to your request, please find enclosed the original unrecorded mylar drawings
for the above-referenced parcel map. As we discussed, due to financial
considerations, we no longer desire to record the sub-division and, therefore, to
construct the street improvements as was previously required by the City. We would
like to request that the City release Durango Development of all obligations, which
includes performing street construction and maintaining the improvements.
Additionally, Durango Development has maintained bonds over the last year or so for
the required street improvements. After consulting with Pat Dolan of our bonding
company at Amwest Surety Insurance, it appears that in order to release our bonding
liability, they would need a letter from the City of Temecula which releases Durango
Development of the necessary bond requirements for the street improvements. The
letter would also need to indicate that Durango Development no longer has past,
present or future liabilities with the City in reference to this project. Amwest Surety's
address is 268 W. Hospitality Lane, Suite 206, San Bernardino, CA 92408.
We appreciate, and thank you in advance, for your assistance in this matter. If we may
answer any questions, please do not hesitate to contact our office.
"--,Sincerely,
Dean S Altschuler Dated Timothy CrYugh ,4d
Dated
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
OR October 26, 1994 before me, Kathy A. Hagerstrom, Notary Public
DATE NAME, TITLE OF OFFICER - E,G,, 'JANE DOE, NOTARY PUBLIC'
personally appeared Dean S. A'ltschuler
NAME(S) OF SIGNER(S)
[] personally known to me - OR - [] proved to me on the basis of satisfactory evidence
".%' COMt,1-'r~033130
~ IHVSC%UUlSSION EXP~S
JULY 27 1998
to be the personOe~ whose nameQeO isz~:r-~
subscribed to the within instrument and ac-
knowledged to me that he/gm,,Ctm~ executed
the same in hi~ authorized
capacity:(,te~/, and that by hi~
signature~ on the instrument the personae<),
or the entity upon behalf of which the
person(Ri~ acted, executed the instrument.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
~ INDIVIDUAL
[] CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
[] PARTNER(S) [] LIMITED
[] GENERAL
[] A'FrORNEYqN-FACT
[] TRUSTEE(S)
[] GUARDIAN/CONSERVATOR
[] OTHER:
TITLE OR TYPE OF DOCUMENT
NUMBER Of PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NA,M6 OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
{1993 NATIONAL NOTARY ASSOCIATION · 8236 Rernrnet Ave., P.O, Box 7184 · Canoga parx, CA 91309-7184
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State Of
~personally known to me - OR - ~roved to me on the basis of satisfacto~ evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
and ""
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
,~NDIVIDUAL
CORPORATE OFFICER
r~ PARTNER(S) [] LIMITED
[] GENERAL
[] ATTORNEY-IN-FACT
[] TRUSTEE(S)
r--~ GUARDIAN/CONSERVATOR
~ OTHER:
SIGNER IS REPRESENTING:
DESCRIPTION OF ATTACHED DOCUMENT
NUM . R OF PAGES
DATE OF D~)CUI~ENT
SIGNER(S) OTHER THAN NAMED ABOVE
993 NATIONAL NOTARY ASSOCIATION o 8236 Reinmet Ave,, P,O. Box 7184 · Canoga Park, CA 91309-7184
ALL PURPOSE ACKNOWLEDGEMENT
}
STATE OF CALIFORNIA } SS.
COUNTY OF r---At, j ~18~,~ }
p~z~6f~elly known to m~ (or proved
to me on the basis of satisfactory evidence) to be the persont~ whose nameqs) is/ae~ subscribed to the within
instrument and acknowledged to me that IS/she/tha,/executed the same in h~/her/ti'~eir authorized capacity(ff~,
and that by ~/her~r signature~ on the instrument the person~ or the entitV upon behalf of which ~he
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Srgnature~"~~.~
{This are8 for official notaria/ Sea/)
ITEM 18
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Interim Director of Public Works/City Engineer
November 15, 1994
Award of Contract for the Construction of a Traffic Signal & Vehicle
Pre-Emption Installation, Project No. PW94-05
PREPARED BY:/~ Don Spagnolo, Principal Engineer - Capital Projects
RECOMMENDATION:
That the City Council:
Award a contract for the construction of the Traffic Signal & Vehicle Pre-Emption
Installation, Project No. PW94-05 to Paul Gardner Corporation for $26,477.00 and
authorize the Mayor to execute the contract.
Authorize the City Manager to approve change orders not to exceed the contingency
amount of $2,647.70 which is equal to 10% of the contract amount.
BACKGROUND:
The City Council approved the construction plans and specifications and authorized the
Department of Public Works to solicit public construction bids for the Traffic Signal & Vehicle
Pre-Emption Project. The project includes the installation of traffic signal emergency pre-
emption equipment at four (4) signalized intersections (see Exhibit A) and vehicle emergency
pre-emption equipment on nine (9) Fire Department vehicles. All vehicle mounted pre-emption
equipment (emitters) will be removable due to possible vehicle re-asignments.
The Engineer's Estimate for the project was $43,122.00.
Six (6) bids for the project were publicly opened on August 25, 1994 and the results for the
base bid are as follows:
.. 1. Paul Gardner Corp ................. $26,477.00
2. DBX Inc ........................ $34,573.00
3. TDS Engineering .................. $39,827.00
4. De La Cruz Const., Inc ............. $44,662.00
-1- r:%agdrpt%94\1115~ow94-OS.awdlsh 110394
5. Peek Traffic .................... $44,700.00
6. Superior Signal Service Corp ......... $46,838.00
Paul Gardner Corporation has provided the traffic signal services on three previous Public
Works projects in the City. These projects have been the Traffic Signal Modification at
Rancho California Road and Front Street (PW94-09), Rancho California Benefit District (PW91 -
03) and the I-15/Rancho California Road ramps (PW91-04).
The construction schedule is for 30 working days. Work is expected to begin early December,
1994 and be completed in late January, 1995.
A copy of the bid summary is available for review in the City Engineer's office.
FISCAL IMPACT:
This is a Capital Improvement Project and will be funded through Development Impact Fees -
Signal Mitigation. Funds are available for the construction contact and contingency amounts
of $26,477.00, and $2,647.70 respectively. The total amount of $29,124.70 has been
transferred from the Development Impact Fees to the Capital Improvement Fund, and has been
appropriated in account #210-165-638-5804.
-2- r:\egdrpt\94\l 115\pw94-OS.awd/sh 110394
PROJECT NO. PW94.-05
TRAFFIC SIGNAL & VEHICLE PRE-EMPTION INSTALLATION
PROJECT LOCATION MAP
PROPOSED LOCATIONS
-3- r:\agdrpt~94\l I 15\pw94-OS.awdlsh 110394
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO. PW94-05
TRAFFIC SIGNAL & VEHICLE PRE-EMPTION INSTALLATION
THIS CONTRACT, made and entered into the 15th day of NOVEMBER, 1994, by and
between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and
PAUL GARDNER CORPORATION, hereinafter referred to as "CONTRACTOR."
WITNESSETH:
That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree
as follows:
CONTRACT DOCUMENTS. The complete Contract includes all of the Contract
Documents, to wit: Notice inviting Bids, Instructions to Bidders, Proposal, Performance
Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW94-
05 TRAFFIC SIGNAL & VEHICLE PRE-EMPTION INSTALLATION, Insurance Forms, this
Contract, and all modifications and amendments thereto, the State of California
Department of Transportation Standard Specifications (1992 Ed.) where specifically
referenced in the Plans and Technical Specifications, and the latest version of the
Standard Soecifications for Public Works Construction, including all supplements as
written and promulgated by the Joint Cooperative Committee of the Southern California
Chapter of the American Associated General Contractors of California (hereinafter,
"Standard Specifications") as amended by the General Specifications, Special
Provisions, and Technical Specifications for PROJECT NO. PIN94-05 TRAFFIC SIGNAL
& VEHICLE PRE-EMFTION INSTALLATION. Copies of these Standard Specifications
are available from the publisher:
Building News, Incorporated
3055 Overland Avenue
Los Angeles, California 90034
(213) 202-7775
The Standard Specifications will control the general provisions, construction materials,
and construction methods for this Contract except as amended by the General,
Specifications, Special Provisions, and Technical Specifications for Project No. PW94-
05 TRAFFIC SIGNAL & VEHICLE PRE-EMPTION INSTALLATION.
In case of conflict between the Standard Specifications and the other Contract
Documents, the other Contract Documents shall take precedence over and be used in
lieu of such conflicting portions.
Where the Contract Document describe portions of the work. in general terms, but not
in complete detail, it is understood that the item is to be furnished and installed
completed and in place and that only the best general practice is to be used. Unless
otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools,
CONTRACT CA-1 r:~cip\projects\pw94-O5\contract/ejp
equipment, and incidentals, and do all the work involved in executing the Contract.
The Contract Documents are complementary, and what is called for by anyone shall be
as binding as if called for by all. Any conflict between this Contract and any other
Contract Document shall be resolved in favor of this Contract.
SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed,
shall provide and furnish all the labor, materials, necessary tools, expendable
equipment, and all utility and transportation services required for the following:
PROJECT NO. PW94-05 TRAFFIC SIGNAL & VEHICLE PRE-EMPTION INSTALLATION
All of said work to be performed and materials to be furnished shall be in strict
accordance with the Drawings and Specifications and the provisions of the Contract
Documents hereinabove enumerated and adopted by CITY.
CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished
and work performed and completed under the direction and supervision and subject to
the approval of CITY or its authorized representatives.
CONTRACTAMOUNTANDSCHEDULE. CITYagreestopayandCONTRACTORagrees
to accept in full payment for the work above-agreed to be done, the sum of: TWENTY-
SIX THOUSAND FOUR HUNDRED SEVENTY-SEVEN DOLLARS and NO CENTS
($26,477.00),the total amount of the base bid.
CONTRACTOR agrees to complete the work in a period not to exceed third/(30)
working days, commencing with delivery of Notice to Proceed by CITY. Construction
shall not commence until bonds and insurance are approved by CITY.
CHANGE ORDERS. All change orders shall be approved by the City Council, except
that the City Manager is hereby authorized by the City Council to make, by written
order, changes or additions to the work in an amount not to exceed the contingency
as established by the City Council.
PAYMENTS.
Before submittal of the first payment request, the CONTRACTOR shall submit
to the City Engineer a schedule of values allocated to the various portions of the
work, prepared in such form and supported by such data to substantiate its
accuracy as the City Engineer may require. This schedule, as approved by the
City Engineer, shall be used as the basis for reviewing the CONTRACTOR's
payment requests.
Pursuant to Section 20104.50 of the Public Contracts Code, within thirty (30)
days after submission of a payment request to the City, the CONTRACTOR shall
be paid a sum equal to ninety percent (90%} of the value of the work
completed. Payment request forms shall be submitted on or about the thirtieth
(30th) day of each successive month as the work progresses. The final
payment, if unencumbered, or any part thereof unencumbered, shall be made
sixty (60) days after completion of the work and the CONTRACTOR filing a one-
year Warranty and an Affidavit of Final Release with the CITY on forms provided
CONTRACT CA-2 r:\cip~projects~pw94-OS~contrect/ajp
by the CITY.
Payments shall be made on demands drawn in the manner required by law,
accompanied by a certificate signed by the City Manager, stating that the work
for which payment is demanded has been performed in accordance with the
terms of the Contract, and that the amount stated in the certificate is due under
the terms of the Contract. Partial payments on the Contract price shall not be
considered as an acceptance of any part of the work.
Interest shall be paid on all undisputed payment requests not paid within 30
days pursuant to Public Contracts Code Section 20104.50. Public Contracts
Code Section 7107 is hereby incorporated by reference.
LIQUIDATED DAMAGES: EXTENSION OF TIME. In accordance with Government Code
Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of One
Thousand Dollars ($1,000.00) per day for each calendar day completion is delayed
beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be
deducted from any payments due to or to become due to CONTRACTOR. Such sum
shalt be deducted from any payments due to or to become due to CONTRACTOR.
CONTRACTOR will be granted an extension of time and will not be assessed liquidated
damages for unforeseeable delays beyond the control of and without the fault or
negligence of the CONTRACTOR including delays caused by CITY. CONTRACTOR is
required to promptly notify CITY of any such delay.
WAIVER OF CLAIMS. On or before making each request for payment under Paragraph
6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation
as to work related to the payment. Unless the CONTRACTOR has disputed the amount
of the payment, the acceptance by CONTRACTOR of each payment shall constitute a
release of all claims against the CITY related to the payment. CONTRACTOR shall be
required to execute an affidavit, release and indemnity agreement with each claim for
payment.
PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code
of the State of California, the City Council has obtained the general prevailing rate of
per diem wages and the general rate for holiday and overtime work in this locality for
each craft, classification, or type of workman needed to execute this Contract, from
the Director of the Department of Industrial Relations. These rates are on file with the
City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula.
CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the
adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the
provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor
Code.
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to
the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof,
for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing
rates for any work done under this Contract, by him or by any subcontractor under him,
in violation of the provisions of the Contract.
10. TIME OF THE ESSENCE. Time is of the essence in this contract.
CONTRACT CA-3 r:\cip~projects~pw94*OS\contract/ajp
11.
12.
13.
14.
15.
16.
17.
18.
INDEMNIFICATION. All work covered by this Contract done at the site of construction
or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR
alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its
officers, employees, and agents, against any and all liability, injuries, or death of
persons (CONTRACTOR'semployeesincluded) and damage to property, arising directly
or indirectly out of the obligations herein undertaken or out of the operations conducted
by CONTRACTOR, save and except claims or litigations arising through the sole active
negligence or sole willful misconduct of the CITY.
GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents,
or representatives has offered or given any gratuities or promises to CITY's employees,
agents, or representatives with a view toward securing this Contract or securing
favorable treatment with respect thereto.
CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage
relationship, and that he is not in any way associated with any City officer or
employee, or any architect, engineer, or other preparers of the Drawings and
Specifications for this project. CONTRACTOR further warrants that no person in his/her
employ has been employed by the CITY within one year of the date of the Notice
Inviting Bids.
CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this
Contract, CONTRACTOR shall file with the City Manager his affidavit stating that all
workmen and persons employed, all firms supplying materials, and all subcontractors
upon the Project have been paid in full, and that there are no claims outstanding against
the Project for either labor or materials, except certain items, if any, to be set forth in
an affidavit covering disputed claims or items in connection with a Stop Notice which
has been filed under the provisions of the laws of the State of California.
NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that
any actual or potential labor dispute is delaying or threatens to delay the timely
performance of the Contract, CONTRACTOR shall immediately give notice thereof,
including all relevant information with respect thereto, to CITY.
BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part
thereof as may be engaged in the performance of this Contract, shall at all reasonable
times be subject to inspection and audit by any authorized representative of the CITY.
INSPECTION. The work shall be subject to inspection and testing by CITY and its
authorized representatives during manufacture and construction and all other times and
places, including without limitation, the plans of CONTRACTOR and any of its
suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the
safety and convenience of inspectors. All inspections and tests shall be performed in
such manner as to not unduly delay the work. The work shall be subject to final
inspection and acceptance notwithstanding any payments or other prior inspections.
Such final inspection shall be made within a reasonable time after completion of the
work.
DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will
not, discriminate in its employment practices on the basis of race, creed, religion,
national origin, color, sex, age, or handicap.
CONTRACT CA-4 r:%cip\projects~pw94-OS\contract/ajp
19.
20.
GOVERNING LAW. This Contract and any dispute arising hereunder shall be governed
by the law of the State of California.
WRITTEN NOTICE. Any written notice required to be given in any part of the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage
prepaid, directed to the address of the CONTRACTOR as set forth in the Contract
Documents, and to the CITY addressed as follows:
Joseph Kicak, Interim Director of Public Works/City Engineer
City of Temecula
43174 Business Park Drive
Temecula, CA 92590-3606
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the
date first above written.
DATED:
CONTRACTOR
By:
Print or type NAME
Print or type TITLE
DATED:
CITY OF TEMECULA
By:
Ron Roberrs, Mayor
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
ATTEST:
June S. Greek, City Clerk
CONTRACT CA-5 r:\cip\projects~ow94-OS\contractlajp
ITEM 19
TO:
FROM:
DATE:
SUBJECT:
APPROVA~~
CITY ATTORNEY
FINANCE OFFIC
CITY MANAGE
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Interim Director of Public Works/City Engineer
November 15, 1994
Award of Construction Contract for Project No. PW94-14, FY94-95
Citywide A.C. Repair Program
PREPARED BY: ~ Brad Buron, Maintenance Superintendent
RECOMMENDATION:
That the City Council:
1. Award a contract for Project No. PW94-14, FY94-95 Citywide A.C. Repair Program,
to A.L. Chavez Enterprises, Inc., the lowest responsible bidder, for the sum of
$87,401.76.
2. Authorize the City Manager to approve change orders not to exceed the contingency
amount of $8,740.17 which is equal to 10% of the contract amount.
BACKGROUND:
On August 23, 1994 the City Council approved the plans and specifications for FY94-95 A.C.
City wide Repair Program, Project No. PW94-14, and authorized the Department of Public
Works to solicit public bids for construction.
The bids were publicly opened on October 6, 1994. This project includes removal and
replacement of A.C. streets, A.C, 6" berm, overlays and repairs to overside drains citywide.
The engineer's estimate for this project was $150,000.
Six bids were received for the project and the results are as follows:
Base Bid
1. A.L. Chavez Enterprises, Inc .............. $87,401.76
2. All American Asphalt .................... 99,747.00
3. Atkinson ........................... 107,844.55
4. Nelson Paving & Sealing ................ 116,516.75
5. Del Rio ............................. 134,467.92
6. Vista Murriete ........................ 174,405.14
-1- r:\agdrpt\94~l 115\pw94-14.ewd/ejp
A.L. Chavez Enterprises, Inc. has performed work similar in scope to the proposed project for
other agencies within Southern California. Based on comments we have received from the
references listed in the bid documents, the work completed by A.L. Chavez Enterprises, Inc.
has been acceptable.
The construction schedule is for 45 calendar days. Work is expected to begin in early
December, 1994 and be completed by mid January, 1995.
A copy of the bid summary is available for review in the City Engineer's office.
FISCAL IMPACT:
Funds are available in the Public Works Department Street Maintenance Account No. 100-164-
601-5402. The total project amount is $96,141.93 which includes the contract amount of
$87,401.76 plus 10% contingency of $8,740.17.
Attachments:
1, Contract
-2- r:\agdrpt\94~1115~pw94-14.awdlajp
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO. PW 94-14
FY 94-95 CITY WIDE A.C. STREET REPAIRS
THIS CONTRACT, made and entered into the 15th day of November, 1994, by and
between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and
A.L. Chavez Enterprises, Inc., hereinafter referred to as "CONTRACTOR."
WITNESSETH:
That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree
as follows:
1.a.
CONTRACT DOCUMENTS. The complete Contract includes all of the Contract
Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance
Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. RN
94-14/FY 94-95 CITY WIDE A.C. STREET REPAIRS, insurance Forms, this Contract,
and all modifications and amendments thereto, the State of California Department of
Transportation Standard Specifications (1992 Ed .) where specifically referenced in the
Ptans and Technical Specifications, and the latest version of the Standard Specifications
for Public Works Construction, including all supplements as written and promulgated
by the Joint Cooperative Committee of the Southern California Chapter of the American
Associated General Contractors of California (hereinafter, "Standard Specifications")
as amended by the General Specifications, Special Provisions, and Technical
Specifications for PROJECT NO. PW 94-141FY 94-95 CITY WIDE A.C. STREET
REPAIRS. Copies of these Standard Specifications are available from the publisher:
Building News, Incorporated
3055 Overland Avenue
Los Angeles, California 90034
(213) 202-7775
The Standard Specifications will control the general provisions, construction materials,
and construction methods for this Contract except as amended by the General,
Specifications, Special Provisions, and Technical Specifications for Project No. PW ~t4-
1--4.
In case of conflict between the Standard Specifications and the other Contract
Documents, the other Contract Documents shall take precedence over and be used in
lieu of such conflicting portions.
Where the Contract Document describe portions of the work in general terms, but not
in complete detail, it is understood that the item is to be furnished and installed
CONTRACT CA-1 r:\cip\projects\94-14\contract/ajp
completed and in place and that only the best general practice is to be used. Unless
otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools,
equipment, and incidentals, and do all the work involved in executing the Contract.
The Contract Documents are complementary, and what is called for by anyone shall be
as binding as if called for by all. Any conflict between this Contract and any other
Contract Document shall be resolved in favor of this Contract.
SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed,
shall provide and furnish all the labor, materials, necessary tools, expendable
equipment, and all utility and transportation services required for the following:
PROJECT NO. PW 94-141FY 94-95 CITY WIDE A.C. STREET REPAIRS
All of said work to be performed and materials to be furnished shall be in strict
accordance with the Drawings and Specifications and the provisions of the Contract
Documents hereinabove enumerated and adopted by CITY.
CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished
and work performed and completed under the direction and supervision and subject to
the approval of CITY or its authorized representatives.
CONTRACTAMOUNT AND SCHEDULE. CITY agreesto pay and CONTRACTORagrees
to accept in full payment for the work above-agreed to be done, the sum of: EIGHTY
SEVEN THOUSAND FOUR HUNDRED ONE DOLLARS and SEVENTY SIX CENTS
($87,401.76),the total amount of the base bid.
CONTRACTOR agrees to complete the work in a period not to exceed Forty-Five (45)
working days, commencing with delivery of Notice to Proceed by CITY, Construction
shall not commence until bonds and insurance are approved by CITY.
CHANGE ORDERS. All change orders shall be approved by the City Council, except
that the City Manager is hereby authorized by the City Council to make, by written
order, changes or additions to the work in an amount not to exceed the contingency
as established by the City Council.
PAYMENTS.
Before submittal of the first payment request, the CONTRACTOR shall submit
to the City Engineer a schedule of values allocated to the various portions of the
work, prepared in such form and supported by such data to substantiate its
accuracy as the City Engineer may require. This schedule, as approved by the
City Engineer, shall be used as the basis for reviewing the CONTRACTOR's
payment requests.
Pursuant to Section 20104.50 of the Public Contracts Code, within thirty (30)
days after submission of a payment request to the City, the CONTRACTOR shall
be paid a sum equal to ninety percent (90%) of the value of the work
completed. Payment request forms shall be submitted on or about the thirtieth
CONTRACT CA-2 r:\cip~rojects\9drl 4\contract/ajp
(30th) day of each successive month as the work progresses. The final
payment, if unencumbered, or any Dart thereof unencumbered, shall be made
sixty (60) days after completion of the work and the CONTRACTOR filing a one-
year Warranty and an Affidavit of Final Release with the CITY on forms provided
by the CITY.
Payments shall be made on demands drawn in the manner required by law,
accompanied by a certificate signed by the City Manager, stating that the work
for which payment is demanded has been performed in accordance with the
terms of the Contract, and that the amount stated in the certificate is due under
the terms of the Contract. Partial payments on the Contract price shall not be
considered as an acceptance of any part of the work,
Interest shall be paid on all undisputed payment requests not paid within 30
days pursuant to Public Contracts Code Section 20104.50. Public Contracts
Code Section 7107 is hereby incorporated by reference.
WARRANTY RETENTION. Commencing with the date the Notice of Completion is
recorded, the CITY shall retain a portion of the Contract award price, to assure
warranty performance and correction of construction deficiencies according to the
following schedule:
CONTRACT AMOUNT
$25,000-$75,000
$75,000-$500,000
Over S500,O00
RETENTION PERIOD
180 days
180 days
One Year
RETENTION PERCENTAGE
3%
$2,250 + 2% of amount in
excess of $75,000
$10,750 + 1% of amount
in excess of $500,000
LIQUIDATED DAMAGES: EXTENSION OF TIME. In accordance with Government Code
Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of One
Thousand Dollars ($1,000.00) per day for each calendar day completion is delayed
beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be
deducted from any payments due to or to become due to CONTRACTOR. Such sum
shall be deducted from any payments due to or to become due to CONTRACTOR.
CONTRACTOR will be granted an extension of time and will not be assessed liquidated
damages for unforeseeable delays beyond the control of and without the fault or
negligence of the CONTRACTOR including delays caused by CITY. CONTRACTOR is
required to promptly notify CITY of any such delay.
WAIVER OF CLAIMS. On or before making each request for payment under Paragraph
6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation
as to work related to the payment. Unless the CONTRACTOR has disputed the amount
of the payment, the acceptance by CONTRACTOR of each payment shall constitute a
release of all claims against the CITY related to the payment. CONTRACTOR shall be
required to execute an affidavit, release and indemnity agreement with each claim for
payment.
CONTRACT CA-3 r:\cip~projects\94-14~contract/ajp
10.
11.
12.
13.
14.
15.
PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code
of the State of California, the City Council has obtained the general prevailing rate of
per diem wages and the general rate for holiday and overtime work in this locality for
each craft, classification, or type of workman needed to execute this Contract, from
the Director of the Department of Industrial Relations. These rates are on file with the
City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula.
CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the
adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the
provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor
Code.
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to
the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof,
for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing
rates for any work done under this Contract, by him or by any subcontractor under him,
in violation of the provisions of the Contract.
TIME OF THE ESSENCE. Time is of the essence in this contract.
INDEMNIFICATION. All work covered by this Contract done at the site of construction
or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR
alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its
officers, employees, and agents, against any and all liability, injuries, or death of
persons (CONTRACTOR'semployeesincluded) and damage to property, arising directly
or indirectly out of the obligations herein undertaken or out of the operations conducted
by CONTRACTOR, save and except claims or litigations arising through the sole active
negligence or sole willful misconduct of the CITY.
GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents,
or representatives has offered or given any gratuities or promises to CITY's employees,
agents, or representatives with a view toward securing this Contract or securing
favorable treatment with respect thereto.
CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage
relationship, and that he is not in any way associated with any City officer or
employee, or any architect, engineer, or other preparers of the Drawings and
Specifications for this project. CONTRACTOR further warrants that no person in his/her
employ has been employed by the CITY within one year of the date of the Notice
Inviting Bids.
CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this
Contract, CONTRACTOR shall file with the City Manager his affidavit stating that all
workmen and persons employed, all firms supplying materials, and all subcontractors
upon the Project have been paid in full, and that there are no claims outstanding against
the Project for either labor or materials, except certain items, if any, to be set forth in
an affidavit covering disputed claims or items in connection with a Stop Notice which
has been filed under the provisions of the laws of the State of California.
CONTRACT CA-4 r:\cip~projects\94-14\contract/ajp
16.
17.
18.
19.
20.
21.
NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that
any actual or potential labor dispute is delaying or threatens to delay the timely
performance of the Contract, CONTRACTOR shall immediately give notice thereof,
including all relevant information with respect thereto, to CITY.
BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part
thereof as may be engaged in the performance of this Contract, shall at all reasonable
times be subject to inspection and audit by any authorized representative of the CITY.
INSPECTION. The work shall be subject to inspection and testing by CITY and its
authorized representatives during manufacture and construction and all other times and
places, including without limitation, the plans of CONTRACTOR and any of its
suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the
safety and convenience of inspectors, All inspections and tests shall be performed in
such manner as to not unduly delay the work. The work shall be subject to final
inspection and acceptance notwithstanding any payments or other prior inspections.
Such final inspection shall be made within a reasonable time after completion of the
work.
DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will
not, discriminate in its employment practices on the basis of race, creed, religion,
national origin, color, sex, age, or handicap.
GOVERNING LAW. This Contract and any dispute arising hereunder shall be governed
by the law of the State of California.
WRITTEN NOTICE. Any written notice required to be given in any part of the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage
prepaid, directed to the address of the CONTRACTOR as set forth in the Contract
Documents, and to the CITY addressed as follows:
Joseph Kicak, Interim Director of Public Works/City Engineer
City of Temecula
43174 Business Park Drive
Temecula, CA 92590-3606
CONTRACT CA-5 r:\cip~projects\94-14~contract/ajp
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the
date first above written.
DATED:
CONTRACTOR
By:
DATED:
APPROVED AS TO FORM:
Print or type NAME
Print or type TITLE
CITY OF TEMECULA
By:
Ron Roberrs, Mayor
Peter M. Thorson, City Attorney
ATTEST:
June S. Greek, City Clerk
CONTRACT CA-6 r:~cip~orojects~9~-14\contrect/ajp
ITEM 20
APPROVAL
CITY ATTORNEY
FINANCE OFFICER ."'~
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Interim Director of Public Works/City Engineer
November 15, 1994
Award of Construction Contract for Project No. PW94-17, FY94-95
Street Striping Program
PREPARED BY: I~ Brad Buron, Maintenance Superintendent
RECOMMENDATION:
That the City Council:
1. Award a contract for Project No. PW94-17, FY94-95 Street Striping Program to I.P.S.
Services, Inc. responsible bidder, in the amount of $83,700.
2. Authorize a budget transfer in the amount of $48,700 from Account No. 100-164-
601-5402 to Account No. 100-164-601-5410.
BACKGROUND:
On September 13, 1994 the City Council approved the plans and specifications for FY94-95
Street Striping Program, Project No. PW94-17,and authorized the Department of Public Works
to solicit public bids for construction. A copy of the bid summary is available for review in the
City Engineer's office.
The bids were publicly opened on October 20, 1994. This project includes re-striping of all
City maintained stingers twice a year. The construction schedule is for re-striping in December,
1994, and April, 1995.
Five bids were received for the project, results of which are as follows:
Base Bid
1. IPS .................................. $83,700
2. Safety Striping .......................... 89,950
3. Traffic Operations ........................ 91,945
4. Orange County Striping .................... 95,245
5. PCI, Inc ............................... 118,000
-1- r:\agdr0t~94\1115\pw94-17 .awd/ajp
The lowest bidder, I.P.S. Services, has performed work similar in scope to the proposed
project for other agencies within Southern California. Based on comments we have received
from the references listed in the bid documents, the work completed by I.P.S. Services, Inc.
has been acceptable.
The current budget appropriation ($35,000) represents funds sufficient for the inventory
known at the time of the budget preparation. The inventory was updated in conjunction with
the preparation of the plans and specifications. The bid amounts reflect this updated
inventory.
Given that the budgeted appropriation is insufficient, funds must be transferred from another
account. Thus, Staff seeks authorization for a transfer of $48,700 from Account No. 100-
164-601-5402. However, in the absence of this increase in the appropriation, the contract
amount and scope of work would have to be adjusted to conform with the current $35,000
appropriation.
FISCAL IMPACT:
Due to savings in the Slurry Seal project, sufficient funds for the requested budget transfer are
available in Account No. 100-164-601-5402.
AttBchment:
1. Contract
r:%agdrpt%94%1115~pw94-17.awd/ejp
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO. PW94-17
FY 94-95 STREET STRIPING PROGRAM
THIS CONTRACT, made and entered into the 15th day of November 1994, by and
between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and
IPS SERVICES, INC., hereinafter referred to as "CONTRACTOR."
WITNESSETH:
That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree
as follows:
1.8.
CONTRACT DOCUMENTS. The complete Contract includes all of the Contract
Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance
Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW94-
17\FY 94-95 STREET STRIPING PROGRAM, Insurance Forms, this Contract, and all
modifications and amendments thereto, the State of California Department of
Transportation Standard Specifications (1992 Ed.) where specifically referenced in the
Plans and Technical Specifications, and the latest version of the Standard Soecifications
for Public Works Construction, including all supplements as written and promulgated
by the Joint Cooperative Committee of the Southern California Chapter of the American
Associated General Contractors of California (hereinafter, "Standard Specifications")
as amended by the General Specifications, Special Provisions, and Technical
Specifications for PROJECT NO. PW94-17\FY 94-95 STREET STRIPING PROGRAM.
Copies of these Standard Specifications are available from the publisher:
Building News, Incorporated
3055 Overland Avenue
Los Angeles, California 90034
(213) 202-7775
The Standard Specifications will control the general provisions, construction materials,
and construction methods for this Contract except as amended by the General,
SpecificatiOns, Special Provisions, and Technical Specifications for PROJECT NO.
PW94-17\FY 94-95 STREET STRIPING PROGRAM.
In case of conflict between the Standard Specifications and the other Contract
Documents, the other Contract Documents shall take precedence over and be used in
lieu of such conflicting portions.
Where the Contract Document describe portions of the work in general terms, but not
in complete detail, it is understood that the item is to be furnished and installed
completed and in place and that only the best general practice is to be used. Unless
CONTRACT CA-1 r:\cip\projects~pw94*l 7\CONTRACT/ajp
year Warranty and an Affidavit of Final Release with the CITY on forms provided
by the CITY.
Payments shall be made on demands drawn in the manner required by law,
accompanied by a certificate signed by the City Manager, stating that the work
for which payment is demanded has been performed in accordance with the
terms of the Contract, and that the amount stated in the certificate is due under
the terms of the Contract. Partial payments on the Contract price shall not be
considered as an acceptance of any part of the work.
Interest shall be paid on all undisputed payment requests not paid within 30
days pursuant to Public Contracts Code Section 20104.50. Public Contracts
Code Section 7107 is hereby incorporated by reference.
WARRANTY RETENTION. Commencing with the date the Notice of Completion is
recorded, the CITY shall retain a portion of the Contract award price, to assure
warranty performance and correction of construction deficiencies according to the
following schedule:
10.
CONTRACT AMOUNT
$25,000-$75,000
$75,000-$500,000
Over $500,000
RETENTION PERIOD
180 days
180 days
One Year
RETENTION PERCENTAGE
3%
$2,250 + 2% of amount in
excess of $75,000
$10,750 + 1% of amount
in excess of $500,000
LIQUIDATED DAMAGES; EXTENSION OF TIME. In accordance with Government Code
Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of One
Thousand Dollars ($1,000.00) per day for each calendar day completion is delayed
beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be
deducted from any payments due to or to become due to CONTRACTOR. Such sum
shall be deducted from any payments due to or to become due to CONTRACTOR.
CONTRACTOR will be granted an extension of time and will not be assessed liquidated
damages for unforeseeable delays beyond the control of and without the fault or
negligence of the CONTRACTOR including delays caused by CITY. CONTRACTOR is
required to promptly notify CITY of any such delay.
WAIVER OFCLAIMS. On or before making each request for payment under Paragraph
6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation
as to work related to the payment. Unless the CONTRACTOR has disputed the amount
of the payment, the acceptance by CONTRACTOR of each payment shall constitute a
release of all claims against the CITY related to the payment. CONTRACTOR shall be
required to execute an affidavit, release and indemnity agreement with each claim for
payment.
PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code
of the State of California, the City Council has obtained the general prevailing rate of
per diem wages and the general rate for holiday and overtime work in this locality for
CONTRACT CA-3 r:%cip~projects~pw94-17\CONTRACT/ajp
11.
12.
13.
14.
15.
16.
each craft, classification, or type of workman needed to execute this Contract, from
the Director of the Department of Industrial Relations. These rates are on file with the
City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula.
CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the
adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the
provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor
Code.
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to
the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof,
for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing
rates for any work done under this Contract, by him or by any subcontractor under him,
in violation of the provisions of the Contract.
TIME OF THE ESSENCE. Time is of the essence in this contract.
INDEMNIFICATION. All work covered by this Contract done at the site of construction
or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR
alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its
officers, employees, and agents, against any and all liability, injuries, or death of
persons (CONTRACTOR'semployees included) and damage to property, arising directly
or indirectly out of the obligations herein undertaken or out of the operations conducted
by CONTRACTOR, save and except claims or litigations arising through the sole active
negligence or sole willful misconduct of the CITY.
GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents,
or representatives has offered or given any gratuities or promises to CITY's employees,
agents, or representatives with 8 view toward securing this Contract or securing
favorable treatment with respect thereto.
CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage
relationship, and that he is not in any way associated with any City officer or
employee, or any architect, engineer, or other preparers of the Drawings and
Specifications for this project. CONTRACTOR further warrants that no person in his/her
employ has been employed by the CITY within one year of the date of the Notice
Inviting Bids.
CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this
Contract, CONTRACTOR shall file with the City Manager his affidavit stating that all
workmen and persons employed, all firms supplying materials, and all subcontractors
upon the Project have been paid in full, and that there are no claims outstanding against
the Project for either labor or materials, except certain items, if any, to be set forth in
an affidavit covering disputed claims or items in connection with a Stop Notice which
has been flied under the provisions of the laws of the State of California.
NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that
any actual or potential labor dispute is delaying or threatens to delay the timely
performance of the Contract, CONTRACTOR shall immediately give notice thereof,
including all relevant information with respect thereto, to CITY.
CONTRACT CA-4 r:\cip\projects\pw94-17\CONTRACT/ejp
17.
18.
19.
20.
21.
BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part
thereof as may be engaged in the performance of this Contract, shall at all reasonable
times be subject to inspection and audit by any authorized representative of the CITY.
INSPECTION. The work shall be subject to inspection and testing by CITY and its
authorized representatives during manufacture and construction and all other times and
places, including without limitation, the plans of CONTRACTOR and any of its
suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the
safety and convenience of inspectors. All inspections and tests shall be performed in
such manner as to not unduly delay the work. The work shall be subject to final
inspection and acceptance notwithstanding any payments or other prior inspections.
Such final inspection shall be made within a reasonable time after completion of the
work.
DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will
not, discriminate in its employment practices on the basis of race, creed, religion,
national origin, color, sex, age, or handicap.
GOVERNING LAW. This Contract and any dispute arising hereunder shall be governed
by the law of the State of California.
WRITTEN NOTICE. Any written notice required to be given in any part of the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage
prepaid, directed to the address of the CONTRACTOR as set forth in the Contract
Documents, and to the CITY addressed as follows:
Joseph Kicak, Interim Director of Public Works/City Engineer
City of Temecula
43174 Business Park Drive
Temecula, CA 92590-3606
CONTRACT CA-5 r:\cip~projects\pw94-17\CONTRACT/ajp
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the
date first above written.
DATED: CONTRACTOR
By:
Print or type NAME
Print or type TITLE
DATED:
CITY OF TEMECULA
By:
Ron Robe~s, Mayor
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
ATTEST:
June S. Greek, City Clerk
CONTRACT CA-6 r:~cip~projects%pw94-1?~CONTRACT/ejp
III.
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
TECHNICAL SPECIFICATIONS
FOR
PROJECT NO. PW94-17
FY 94-95 STREET STRIPING PROGRAM
SPECIFICATIONS FOR STREET STRIPING AND PAVEMENT MARKINGS SERVICES
A. General
The work performed under this Contract shall include the furnishing of all labor, materials,
and equipment necessary to perform street striping and pavement markings within the City.
All work shall be done in accordance with the current edition of the Standard Specifications.
B. Work Orders
The Contractor shall not start work in the City until he receives a written work order from
the City Engineer, or his assigned staff. The Contractor must have such list in his
possession before starting work. The Contractor shall perform only that work listed and will
only be compensated for the work listed on the work order. The Contractor shall have the
right to accumulate said lists until the contractor has a sufficient amount of work to warrant
sending out a crew; however, in no event shall any work be held for more than thirty (30)
calendar days.
Description of the Work:
The work shall consist of the following:
Painting reflective centerlines and lane lines.
Removing of centerlines or lane lines.
3. Pre-lining.
Centerline and Lane StriDes:
All centerline and lane stripes shall be applied in accordance with the State of California
Traffic Manual, "Painting and Traffic Striping, Pavement Markings and Curb Markings" as
follows:
1. Centerlines- Detail 1
2. Lanelines - Detail 8
TECHNICAL SPECIFICATIONS TS-1 r:%cip\projects~pw94-17\bidkg
Water-Based Paint
The Contractor is required to use water-based paint materials pre-mixed
reflectorized quick-dry type paint, the following APPLICATION PROCEDURE WILL
BE FOLLOWED:
Traffic striping and pavement markings shall be applied in one application, at a rate
to obtain a minimum wet film thickness of at least fifteen thousandths of an inch
(0.015").
The paint shall be applied only when the pavement is dry, the atmospheric
temperature is above 50° F., and the relative humidity is below 85%.
Painting shall not be attempted when there is fog, a forecast of rain, dust that
might settle onto the paint, wind of sufficient strength to blow paint spray onto
adjacent areas, or while heavy traffic is present.
E. Re-Strioino:
All re-striping and re-painting of existing traffic stripes shall coincide with the original
paintings, regardless of other more restrictive requirements of these Special Provisions
unless otherwise indicated.
Removal of Markinas:
Removal of markings shall be accomplished by wet sandblasting. Errors made by the
Contractor shall be removed at no additional cost to the City. Upon written direction of the
City Engineer, pavement markings may be removed by blacking out with black paint.
G. Preoaration:
It shall be the responsibility of the Contractor to insure that prior to any pavement marking
that the surface be clear of all debris.
H. Traffic Control:
The Contractor shall make every effort to assure the safety of vehicular and pedestrian
traffic during his operations. The current edition of the "Work Area Traffic Control
Handbook", published by Building News, Inc., is herein adopted as the minimum safety
guidelines in conjunction with the Traffic Manual issued by the State of California
Department of Transportation. Contractor shall not close any street within the City without
first obtaining the approval of the City Engineer.
I. TERM
This Agreement shall be for a period of one (1) year beginning November 15, 1994, and
ending the 15th day of November, 1995, unless terminated or extended as provided.
City reserves the right of option to extend this Contract and to renegotiate rates from y
TECHNICAL SPECIFICATIONS TS-2 r:\cip\projects\pw94-17\bidkg
to year commencing on the first day of July of each fiscal year. In no event shall this
Contract be extended beyond the 15th day of November, 1998.
POSSESSION/CONSUMPTION
The possession and/or consumption of alcoholic beverages by contract personnel while
engaged in work activities within the public right-of-way or when engaged in activity
incidental to the performance of duties associated with this Agreement is expressly
prohibited.
EMERGENCY CONTACTS
The Contractor shall provide the City Engineer with the name and telephone number of a
minimum of three (3) responsible management personnel who may be contacted by City
Engineer for the purpose of notification according to the provisions of the Agreement.
(Unlisted private numbers may be omitted until award of Contract.) Contractor agrees to
notify the City immediately both in writing and by telephone in the event any of the below
names or contact numbers should change.
1, NAME
BUSINESS PHONE
PAGER
2. NAME
BUSINESS PHONE
PAGER
3, NAME
BUSINESS PHONE
PAGER
POSITION
HOME PHONE
MOBILE PHONE
POSITION
HOME PHONE
MOBILE PHONE
POSITION
HOME PHONE
MOBILE PHONE
TECHNICAL SPECIFICATIONS TS-3 r:\aip\projects\pw94*lT~bidkg
ITEM 2 1
APPROVAL
CITY ATI~ORNEY
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Interim Director of Public Works/City Engineer
November 15, 1994
Supplement No. 002to Local Agency - State Agreement for Federal Aid
Project No. 08-6052, I-15/I-215 Corridor Study
RECOMMENDATION:
That the City Council adopt a resolution entitled:
RESOLUTION NO. 94-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING SUPPLEMENT NO. 002, TO LOCAL
AGENCY AGREEMENT NO. 08-5459, BETWEEN THE STATE
DEPARTMENT OF TRANSPORTATION AND THE CITY OF
TEMECULA FOR FEDERAL AID PROJECT NO. 08-6052, I-15/I-
215 CORRIDOR STUDY.
BACKGROUND:
On March 23, 1993 the City Council adopted Resolution No. 93-26 approving "Local
Agency/State Agreement No. 08-5459 between the State Department of Transportation and
the City, The agreement establishes the Federal Funding provisions (Master Agreement).
The agreement and the resolution provides for funding future projects by supplemental
agreements for individual Faderally Funded Project.
The current project, I-15/I-215 Corridor Study has been approved for Federal funding in the
amount of $100,000, representing 88.53% eligible costs of the estimated $112,956 total
cost,
The project is a joint effort by the cities of Temecula and Murrieta, with the City of Temecula
as the lead agency.
The balance of the local funding in the amount of $12,956 is the responsibility of the two
cities, each participating in the amount of $6,478 or 50% of the local share.
-1 - r:\agdrpt\94\l 115\F15egrrnt,sup/ajp
FISCAL IMPACT:
The project is being funded through the grant of $100,000 and the local share of $12,956
with the City of Ternecula being responsible for 50% or $6,478 of that local share. The
project is budgeted for this Fiscal Year, Account No. 210-165-633-5802,1-15 Corridor Study
(Capital Improvement Project Fund, Public Works Projects). Source of funds for the local share
of $6,478 is funded through Development Impact Fees.
Attachments:
Resolution No. 94-
Local Agency/State Agreement No. 08-6052
-2- r:\agdrpt\94~l 115\1-15agrmt.sup/ajp
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING SUPPLF_AIENT NO. 002, TO
LOCAL AGENCY AGREEMENT NO. 08-5459, BETWEEN
THE STATE DEPARTMENT OF TRANSPORTATION AND
THE CITY OF TEMECULA FOR FEDERAL All) PROJECT
NO. 08-6052, 1-15/1-215 CORRH)OR STUDY.
The City Council of the City of Temecula does resolve, determine and order as follows:
WHEREAS, City Council at this regular meeting of March 23rd, 1993 adopted
Resolution No. 93-26.
WHEREAS, said Resolution approved the Local Agency/State Agreement No. 08-5459.
WHEREAS, said Resolution provided for supplemental agreements to be adopted by the
Council for each individual project which utilizes the Federal Funds.
WHEREAS, City has applied for Federal Funds to perform the study on 1-15/I-215
Corridor, Federal Aid Project No. 08-6052.
WHEREAS, these funds are available and subject to Program Supplement No. 002 for
Local Agency State Agreement for Federal Aid Project No. 08-6052.
NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Temecula,
as follows:
Section 1. That the City Council approve and authorize execution of Program
Supplement No. 002 to Local Agency State Agreement for Federal Aid
Project No. 08-6052.
Section 2. Authorize the Mayor to execute said Agreement
Section 3. The City Clerk shall codify the adoption of this resolution.
PASSED, APPROVED AND ADOFrED, by the City Council of the City of Temecula
at a regular meeting held on the 15th day of November, 1994.
ATTEST:
Ronald H. Roberts, Mayor
June S. Greek
City Clerk
-1- r:\agdrpt%94\1115\1-15agrrnt.suO/ajp
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA)
I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No.94-__ was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 15th day of November, 1994 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
-2- r:\agdrpt\94\l 115\1-15agrmt.sup/ajp
P~OGRAM SUPPLEMENT NO. 002 Location:
to Project Number:
LOCAL AGENCY-STATE AGREEMENT E.A. N~mber:
3R FEDERAL-AID PROJECTS NO. 08-6052
September 8, 1994
08-~-O-TMCA
STPLN-5459(004)
08-410434
This Program Supplement is hereby incorporated into the Local Agency-State
Agreement for Federal Aid which was entered into between the Local Agency
and the State on / / and is subject to all the terms and conditions
thereof. This Program Supplement is adopted in accordance with Paragraph 2
of Article II of the aforementioned Master Agreement under authority of
Resolution No. , approved by the Local Agency on
(See copy attached).
The Local Agency further stipulates that as a condition to payment of funds
obligated to this project, it accepts and will comply with the covenants or
remarks setforth on the following pages.
PROJECT TERMINI:
ROUTE 15/215 CORRIDOR STUDY
TYPE OF WORK: CORRIDOR STUDY
LENGTH: 4.0 (MILES)
PROJECT CLASSIFICATION OR PMASE(S)
[X] Preliminary Engineering [
[ ] Construction Engineering [
OF WORK
] Right-of-Way
] Construction
[ ]
~stimated Cost[ Federal Funds
Matching Funds
112956
33D $ 10000~ $ Local12956 $ OTHER
$
0 $
OTHER
0
CITY OF T~MECULA
STATE OF CALIFOR/~IA
Department of Transportation
By
By
DISTRICT DIRECTOR OF TRANSPORTATION
DISTRICT 8
Date Date
Attest
Title
I hereby Certify upon my personal kn~ledge that budgeted funds are available for this encumbrance:
-.' ChapterI Statutes [ Its ~ Yea~
139 199z, 2660 - 101 - 890 9& - 95
Program ]Be] Fund Source
20.30.010.810 C 2620~,0 892-F
100000.00
Page 1 of 2
08- ~\~-0-T~CA DATE: 09/08/94
STPLN-5459(004)
SPECIAL COVENANTS OR REMARKS
In executing this Program Supplemental Agreement, Local
Agency hereby reaffirms the "Nondiscrimination Assurances"
contained in the aforementioned Master Agreement for
Federal-Aid Program.
Whenever the local agency uses a consultant on a cost plus basis,
the local agency is required to submit a post audit report cover-
ing the allowability of cost payments for each individual consul-
tant or sub-contractor incurring over $25,000 on the project.
The audit report must state the applicable cost principles utili-
zed by the auditor in determining allowable costs as referenced in
CFR 49, part 18, Subpart C - 22, Allowable Costs.
Page 2 of 2
P~OGRAM SUPPLEMENT NO. 002
to
LOCAL AGENCY-STATE AGREEMENT
OR FEDERAL-AID PROJECTS NO. 08-6052
Date:
Location:
Project N-mher:
E.A. ~tmher:
September 8, 1994
08-~\~-0- TMCA
STPLN-5459(004)
08-410434
This Program Supplement is hereby incorporated into the Local Agency-State
Agreement for Federal Aid which was entered into between the Local Agency
and the State on / / and is subject to all the terms and conditions
thereof. This Program Supplement is adopted in accordance with Paragraph 2
of Article II of the aforementioned Master Agreement under authority of
Resolution No. , approved by the Local Agency on
(See copy attached).
The Local Agency further stipulates that as a condition to payment of funds
obligated to this project, it accepts and will comply with the covenants or
remarks setforth on the following pages.
PROJECT TERMINI:
ROUTE 15/215CORRIDOR STUDY
TYPE OF WORK: CORRIDOR STUDY
LENGTH: 4.0 (MILES)
PROJECT CLASSIFICATION OR PHASE(S)
[X] Preliminary Engineering [
[ ] Construction Engineering [
OF WORK
] Right-of-Way
] Construction
[ ]
Estimated Cost~ Federal Funds
Matching Funds
112956 33D $
$
10000G $ Local12956 $ OTHER
0 $ OTHER
CITY OF TEME6~LA
STATE OF CALIFORNIA
Department of Transportation
By
By
DISTRICT DIRECTOR OF TRANSPORTATION
DISTRICT 8
Date Date
Attest
Title
I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance:
=' ChapterI StatutesI Item ~ Ye~,~
139 199z, 2660-101-890
Program IScl Fund Source
20.30.010.810 C 2620~,0 892-F
100000.00
AMOUNT
100000.00
Page 1 of 2
08-~\~-0-TMCA DATE: 09/08/94
STPLN-5459(004)
SPECIAL COVENANTS OR REMARKS
In executing this Program Supplemental Agreement, Local
Agency hereby reaffirms the "Nondiscrimination Assurances"
contained in the aforementioned Master Agreement for
Federal-Aid Program.
Whenever the local agency uses a consultant on a cost plus basis,
the local agency is required to submit a post audit report cover-
ing the allowability of cost payments for each individual consul-
tant or sub-contractor incurring over $25,000 on the project.
The audit report must state the applicable cost principles utili-
zed by the auditor in determining allowable costs as referenced in
CFR 49, part 18, Subpart C - 22, Allowable Costs.
Page 2 of 2
ITEM 22
APPROVAL
CITY ATTORNEY
CITY OF TEMECULA
AGENDA REPORT
FROM:
DATE:
SUBJECT:
City Manager/City Council
Joseph Kicak, Interim Director of Public Works/City Engineer
November 15, 1994
Educational Radar Trailer Display Unit
PREPARED BY: Martin C. Lauber, Traffic Engineer
RECOMMENDATION:
The Public/Traffic Safety Commission recommends that the City Council approve the purchase
of an Educational Radar Trailer Display Unit in the amount of $10,400.
BACKGROUND:
The Traffic Division of the Public Works Department, and the Public/Traffic Safety Commission
has been reviewing Neighborhood Traffic Safety Programs throughout Southern California.
The Commission feels that the City of Temecula should actively pursue the development of
a program to educate our citizens and visitors to safe traveling practices and the benefits they
afford.
A major component to all effective neighborhood safety awareness programs is the
Educational Radar Display Unit. This equipment is comprised of a radar speed detector, 12"
numeric display, posted speed sign, solar power panel, and anti-theft locks and alarms.
tt has the capability of displaying actual vehicle speeds, along with the corresponding tone,
to notify drivers of their speeds while driving public streets. Studies have found that drivers
negotiating the same route repetitively, tend to ignore their speedometers. Also, citizens
sometimes perceive vehicles passing their residence as traveling too fast for conditions. In
both cases this display unit will accurately educate both the motorist and the resident to help
ensure safe driving behaviors.
The Traffic Division pursued financing a Neighborhood Safety Awareness Program through the
California Office of Traffic Safety (OTS). The funds were granted and currently budgeted for
that purpose.
FISCAL IMPACT:
Public Works Equipment Account Number 100-164-602-5610currently has adequate funds
available for the purchase of the Educational Radar Trailer Display Unit.
r:~gdrpt\94~l 115~rsd~rff~.aSn/ajp
ITEM 23
TO:
FROM:
DATE:
SUBJECT:
APPROVAiy~
CITY ATTORNEY
FINANCE OFFIC
CITY MANAGE
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicek, Interim Director of Public Works/City Engineer
November 15, 1994
Lot Line Adjustment and Easements for Rancho California Water District
(R.C.W.D.) Well Site No. 216 - Rancho California Sports Park
PREPARED BY: ~ Don Spagnolo, Principal Engineer - Capital Projects
Dennis Armstrong, Assistant Engineer - Capital Projects
RECOMMENDATION:
That the City Council:
Approve Lot Line Adjustment No, PA93-147 and authorize the Mayor to execute the
document.
Approve the Corporation Grant Deeds exchanging property between the City and
R.C.W.D. and authorize the Mayor to execute the document.
Approve the Grant of Easement to R.C.W.D. for Permanent Access and authorize the
Mayor to execute the document.
Approve the Grant of Easement to R.C.W.D. for Drainage purposes only and authorize
the Mayor to execute the document.
DISCUSSION:
While preparing improvement plans to upgrade Well Site No. 216, which is located at
Margarita Road adjacent at the Sports Park, Rancho California Water District (R.C.W.D.)
determined that some of their existing facilities had been constructed upon what was County
property. This property has since been dedicated to and accepted by the City. R.C.W.D. has
proposed that the property lines be adjusted such that they encompass the existing well site
facilities. The adjustment of the property lines would entail an exchange of land between
R.C.W.D. and the City.
The City will receive two triangular parcels totaling 5,805 sq. ft. in exchange for granting a
rectangular parcel totaling 2,185 sq. ft. to R.C.W.D. Although the two parcels are not
adjacent to each other, the addition of the parcels and their subsequent landscaping will
enhance the overall appearance of the proposed Rancho California Sports Park improvements.
-1- pw13~d~\94\l 115~dlla .em~
To adjust the property lines and enable each owner to use the properties as intended, a
sequence of events must take place. First, the executed lot line adjustment will need to be
recorded at the County Recorder's Office to allow the parties to record the Corporation Grant
Deeds and exchange the properties. After the Corporation Grant Deeds have been recorded,
the grant easements to R.C.W.D. for access and drainage can be recorded. These easements
are required so that R.C.W.D. may continue to use the property that they have deeded to the
City for the purposes defined in the easement documents. The documents have been reviewed
as to form by the City's Attorney and are available for rewiew in the City Clerk's office.
FISCAL IMPACT:
No fiscal impact is associated with the execution of the attached documents.
ATTACHMENTS:
1. Exhibit "A"
-2- pwl3~aidq~\~4\l 115~wdlla.eml
EXHIBIT "A"
Rancho Vista Road
Drainage Easement to
R.C.W.D.
P~o~-y g~,i~d ~o ~.~ Well Site
City by R.C.W.D.
Pro~rty gmt to ~ X x '
R.C.W.D. by fl~e City
/
Access Easement [o
R.C.W.D. ~
ITEM 24
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
(~,~Shawn D, Nelson, Director of Community Services
November 15, 1994
Pala Community Park - Project No. PW93-O3CSD
Rancho California Water District (R.C.W.D.) - Water Meter Fees
PREPARED BY: ~ Don Spagnolo, Principal Engineer - Capital Projects
Dennis Armstrong, Assistant Engineer - Capital Projects
RECOMMENDATION:
That the City Council:
Approve and authorize the payment of water meter fees in the amount of $13,972.00
to R.C.W.D.
BACKGROUND:
The City Council authorized the Mayor to execute the Water System Construction Agreement
and an Agency Agreement with R.C.W.D. on October 11,1994. The agreements ensure that
the District will provide water service to Pala Community Park, The installation of the water
main servicing the park site has been completed and has passed inspection. The contractor
is now prepared to have the service meters installed. Given the size of the park site, two -
2" meters are required, One meter will provide domestic service and the other will provide
service for irrigation purposes. The fee for each two inch meter, including installation and
certification of the backflow prevention device is $6,986.00. The total costs for both meters
is $13,972.00.
FISCAL IMPACT:
Meter fees in the amount of $13,972.00 are not included in the construction contract,
however, sufficient funds were budgeted for utility services and have been appropriated to the
Capital Projects Account for Pala Community Park. This project is being funded through
Development Impact Fees.
r:~gdrpt\94%1115\rowdmtrs.fee
ITEM 25
TO:
FROM:
DATE:
SUBJECT:
APPROVAL:
CITY A]'I'ORNEY
FINANCE OFFIC~RU~~
CITY MANAGER
City Council/City Manager
Anthony EImo, Chief Building Official-/'~
November 15, 1994
Consideration of a Contract Amendment for Weed Abatement Services
RECOMMENDATION: That the City Council approve a contract amendment
extending an agreement for professional services for weed abatement with Greg Smith, Smith
Tractor Services, to December 31,1994. The total amount of this agreement not to exceed
twenty-four thousand (924,000) dollars.
DISCUSSION: The Code Enforcement division of the Building and Safety
Department accepted the responsibility for conducting the City's weed abatement program
from the Riverside County Fire Department. This year, 1994, being the first year of Code
Enforcement's involvement, the services of the contractors used during 1993 were retained.
As a result of retaining the services of Smith Tractor Services, it is necessary to extend the
agreement for professional services with Smith Tractor Services to December 31,1994.
Staff performs an initial posting of property requesting property owner abatement of
vegetation hazards. Failure of the property owner to abate the vegetation hazards causes staff
to utilize the services of abatement contractors, approved by Council, to perform the
abatement work. The property owner's are then billed and those with outstanding bills at the
end of a billing response period, are assessed for the abatement costs through recordation of
a special assessment against their property.
Staff has completed it's 1994 weed abatement program. Approximately 950 vacant parcels
were posted for hazardous vegetation abatement this year. This number compares to 675
parcels posted during the 1993 program. Budget preparation for this year's program was
based on an estimate of program costs from 1993 program data.
FISCAL IMPACT: Adequate funds are available in Account No. 001-162-999-
5440, no additional funding is requested.
V:\TONY%AGENDA~SMITH.SER 11/8/S4 tde
EXTENSION OF AGENT FOR PROFESSIONAL SERVICES
(W~,EB ABATEMF~NT)
THIS AGIln~rI~NT, made and entered into this of
1994, by and between the City of Temecula, a California general law municipal corporation,
hereinafter referred to as "City," and Greg Smith, hereinafter referred to as "Consultant."
The parties hemto, based upon the mutual promises and convenants heroin and for
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, do hereby agree as follows:
1. Extension of Agreement. This Agreement shall serve as an extension of that
certain Agreement dated for reference June 8, 1993, by and between City and Consultant for
purposes of weed abatement services. This Agreement shall commence on July 27, 1993,
and continue in full force and effect until December 31, 1994. Total mount of this
agreement not to exceed twenty-four thousand ($24,000) dollars.
2. All other terms and conditions of that certain Agreement dated June 8, 1993
between the parties hemto shall remain in full force and effect and the same are incorporated
herein by this reference as if set forth at length herein.
IN WITNESS WI-IF~REOF, the parties hemto have caused this Agreement to be
executed by their authorized representatives.
CI'I'Ir OF 'rFAvlF~ULA, a California
general hw municipal
corporation
A'I'I'P_,ST:
Ron Roberrs, Mayor
June S. Greek, City Clerk
APPROVED AS TO FORNI:
Peter M. Thorson
City Attorney
"Consultant"
(signature)
(name)
(rifl~)
(signature)
(name)
(rifle)
ITEM 26
APPROVAL EER~
CITY A'I'FORNEY
FINANCE OFFI
CITY MANAG
CITY OF TEMECUULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
City Council
Ronald E. Bradley, City Manager
November 15, 1994
Contract for Professional Services with C. M. Gilliss, Consultant
PREPARED BY: Grant M. Yates, Human Resources Administrator
RECOMMENDATION:
That the City Council approve and authorize the Mayor to execute the
Professional Services Agreement with C. M, "Max" Gilliss to act as a liaison
between the City and governmental agencies and special interest groups for a
monthly fee of $3,000.00
Appropriate $12,000 in the City Manager's Department consulting line item
from the General Fund - Fund Balance.
DISCUSSION:
On June 14, 1994, the City Council awarded a contract to C. M. "Max" Gilliss in the amount
of $8,400. The scope of work for that contract was for Mr, Gilliss to serve as a facilitator
between various special districts, governmental agencies, and individual or special interest
groups and the City. Mr. Gilliss has specialized knowledge of the Caltrans bureaucracy and
established professional relationships with their management personnel which allow staff
greater access to decision makers.
The City is currently involved in several major projects that require coordination with and
approvals from the County and CALTRANS. These projects include the Overland
Overcrossing, Winchester and Rancho California Road Bridge improvements, the Pala Road
Bridge, the I-15 Corridor Study, and related Assessment District projects. Mr. Gilliss also has
assisted the City in pursuing additional grant funding for the projects and has been successful
in maintaining threatened existing funding opportunities for the projects.
In fact, due to Mr. Gilliss' efforts, the City has maintained a four million dollar grant
opportunity for the Pala Road Bridge that the state was considering redirecting to a statewide
seismic retrofit property. Mr. Gilliss has also been successful on the City's behalf in resolving
major contract issues for the joint Temecula-Murrieta I-15 Corridor Study Committee.
City Council Agenda Report
Contract for Professional Services with C. M. "Max" Gillis
Page Two
As a result of the time demands of these two efforts, plus work on the projects listed earlier,
Mr. Gilliss has exceeded the 120 hours anticipated in hie original contract. Mr. Gilliss has
agreed to accept, however, the contract amount as full and complete payment for this work.
Because of the complexity and importance of our major traffic circulation efforts, I feel it is in
the City's best interest to retain Mr. Gilliss for the balance of this fiscal year, but at a fixed
monthly fee of $3,000, rather than (q0.00 per hour. A portion of these costs are appropriate
charges to the capital improvement projects involved and, therefore, will be paid out of our
capital improvement budget.
FISCAL IMPACT:
The total cost of this contract is f/24,000. One-half of this cost will be charged to the
appropriate CIP Project. The remaining $12,000 requires an appropriation from the General
Fund - Fund Balance to the City Manager's Budget account #001-110-999-5248,
PROFESSIONAL SERVICES
This Agreement was made and entered into this 15~h day of November 1994, by and
between the City of Temecula ("City"), a municipal corporation, and Max Gilliss. a
Professional Engineering Consulting Firm ("Consultant").
The parties hemto mutually agree as follows:
1. Services. Consultant shall perform the tasks set forth.
2. Performance. Consultant shall at all times, faithfully, industrially and to the
best of his ability, experience and talent, perform all tasks described here're.
3. Payment. The City agrees to pay Consultant the amount of $3,000.00 per
month. This amount will not exceed $24.000 for the total term of the Agreement unless
additional payment is approved by the City Council; provided that the City Manager may
approve additional payment not to exceed 10% of contract amount.
Consultant will submit an invoice at the conclusion of actual services performed.
Payment shall be made within thirty (30) days of receipt of invoice.
4. Amendments. This Agreement may be amended so long as such amendment is
in writing and agreed upon by both the City Manager and Consultant.
5. Ownership Of Documents. Upon satisfactory completion of, or in the event of
termination, suspension or abandonment of, this Agreement, all original documents, designs,
drawings and notes prepared in the course of providing the services to be performed pursuant
to this Agreement shall become the sole property of the City and may be used, mused or
otherwise disposed of by the City without the permission of the Consultant.
6. Termination. The City may terminate this Agreement without cause so long as
written notice of intent to terminate is given to Consultant at least three (3) days prior to the
termination date. In the event of termination, Consultant shall be paid for the services
performed.
hearing shall be conducted according to California Code of Civil Procedure Section 1280, et
sea_. City and Consultant shall share the cost of the arbitration equally.
12, NoticeS. Notices shll be given pursuant to this Agreement by personal service
on the party to be notified, or by written notice upon such party deposited in the custody of
the United States Postal Service addressed as follows:
a. city:
Attention: City Manager
City of Temecula
43174 Business Park Drive
Temecula, CA 92590
Attention: Max Gilliss
Max Gilliss, Consultant
25655 Corte Risa
Murrieta, CA 92562
The notices shall be deemed to have been given as of the date of personal service, or
three (3) days after the date of deposit of the same in the custody of the United States Postal
Service.
13. Entire Agreement. This Agreement and any documents or instrument attached
hereto or referred to herein integrate all terms and conditions mentioned herein or incidental
hereto supersede all negotiations and prior writing in respect to the subject matter hereof.
In the event of conflict between the terms, conditions, or provisions of this
Agreement and any such document or instrument, the terms and conditions of this Agreement
shall prevail.
14. Liability. Except as provided in the Agreement, City shall not pay salaries,
wages, or other compensation to Consultant for performing services hereunder for City.
City shall not be liable for compensation or indemnification to Consultant for injury or
sickness arising out of performing services hereunder.
Consultant agrees to indemnify, release and hold harmless the City, its
officers, agents, employees, and representatives for all claims or losses the City may suffer
resulting from any negligent actions or omissions by Consultant.
Consultant shall secure workman's compensation insurance. Upon request of
Consultant, the City shall add Consultant to the City's worker's compensation policy and the
Consultant shall reimburse the City for the cost of said insurance premiums.
15.
wrinen.
Licenses. Consultant warrants that it maintains all necessary licenses.
The parties hereto have executed this Agreement on the date and year above
CONSULTANT
By:
Title
A'IT~T:
CITY OF 'rF_AVlF.~LFLA
By:
Ronald H. Roberts
Mayor
June S. Greek, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
ITEM 27
TO-'
FROM:
DATE:
SUBJECT:
APPROVA]i~~
CITY ATTORNEY
F/NANCE~)FFIC
CITY/VIA AGE
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Interim Director of Public Works/City Engineer
November 15, 1994
Summary Vacation of an existing forty (40) foot access opening fronting
on Ynez Road between Solaria Way and Rancho California Road on
Parcel 2 of Parcel Map No. 23496 and Acceptance of new access
opening.
PREPARED BY: Raymond A. Casey, Principal Engineer - Land Development
/Annie Bostre-Le, Engineering Technician
RECOMMENDATION:
1. Adopt a resolution entitled:
RESOLUTION NO. 94---
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUMMARILY VACATING AN EXISTING FORTY (40)
FOOT ACCESS OPENING EXCEPTION TO RESTRICTED
ABUTTERS RIGHTS FOR PARCEL 2 OF PARCEL MAP 23496
LOCATED ON YNEZ ROAD BETWEEN SOLANA WAY AND
RANCHO CALIFORNIA ROAD
Approve the new location of the access opening in substantially the location described
as "Opening No. 1" as described on the attachments to this Staff Report and authorize
the City Engineer to approve the specific location which will create the new access
opening. The Owner shall prepare an agreement which will quitclaim their existing
access rights. The document is subject to the approval of the City Engineer and City
Attorney prior to the recordation of the document.
BACKGROUND:
The tentative Parcel Map, as approved by the Board of Supervisors on April 4, 1989, provided
for a forty (40) foot access opening on Parcel 2 fronting on Ynez Road. The City Council
approved Parcel Map No. 23496 on December 18, 1990.
The access opening on Ynez Road was offered for dedication and accepted by the public as
shown on Parcel Map No. 23496 filed in Book 168, pages 41 through 45 of Parcel Maps in
the Office of the County Recorder of Riverside County.
The City of Temecula Planning Commission approved Planning Application No. PA94-0048,
Conditional Use Permit for Rancho Ford Auto Dealership on August 1, 1994. The owner, Eric
Gosch, is requesting that the City vacate the existing forty (40) foot access opening. The
purpose of this vacation is to relocate the existing access opening approximately one hundred
(100) feet northerly due to the site's elevation difference with the existing elevation of Ynez
Road.
The City Council should approve the new locations of the access openings and authorize the
City Engineer to approve the specific location which will create the new access openings. The
Owner shall prepare an agreement which will quitclaim their existing access rights. The
document is subject to the approval of the City Engineer and City Attorney prior to the
recordation of the document.
FISCAL IMPACT:
None,
ATTACHMENTS:
1. Resolution No. 94- with Exhibits "A and B"
2. Descriptions of the new access opening described as Opening No. I
I~FsOLUTION NO.
A RESOLUTION OF TIff. CITY COUNCIL OF ~ CITY
OF TEMF_.CULA, C.AI.H~ORNIA, SUMMA~H-Y VACATING
AN F_3~.~TING FORTY (40) FOOT ACCESS OPENING
EXCEPTION TO RESTRICTED ABUTrERS RIGHTS FOR
PARCEL 2 OF PARC~..L MAP 2M~ LOCATED ON YNEZ
ROAD BETW!~.k'N SOLANA WAY AND RANClIO
C,~LwORNIA ROAD.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HERF~RY RESOLVE
AS FOLLOWS:
S~fion l. The City Council of the City of Temecula does hereby find, determine and
declare as follows:
a. The "Owner's Statement* of Parcel Map 23496 provides for the dedication of certain
property in the Tract for street and public utility purposes (known as *Ynez Road').
b. The Owner's Statement further provides that the Owner will have no rights of access
to Ynez Road, except for the general right of travel, and specifically excepts therefrom
*one adjacent (452.20) font access opening for Parcel Number 2 as shown* on the Parcel
Map (hereinafter referred to as ' Access Opening for Parcel 2 *). The legal descriptions
of said Access Opening for Parcel 2 is set forth on Exhibit A, attached hereto and
incorporated herein by this reference.
c. The Owner of Parcel 2 of Parcel Map 23496 (hereinafter "Owner") now desires to
relocate the Access Opening for Parcel 2 by creating a new access opening on Parcel 2.
d. The City desires to effectuate the intention of the Owner by vacating the Access
Opening for Parcel 2 and accept the relocated access opening for Parcel 2.
e. Streets and Highways Cede Section 8333 provides the authority for the City Council
to sumrnaffiy vacate an access easement if the easement has been superseded by
relocation and there are no other public facilities located within the easement.
L The Access Opening for Parcel 2 contain no public facilities and said access
easements are no longer necessary because the access opening will be relocated to other
portions of Parcel Map 23496 as a condition of this vacation.
Section 2. The Access Opening for Parcel 2, as legally described on Exhibit A, are
hereby vacated and shall no longer constitute an easement or right of way or other interest in
real property of the City of Temecula and shall revert to the Owner. This vacation is subject
to the condition, and this Resolution shall not be recorded, un~] such time as the City Engineer
has accepted and approved a document to be recorded concurrently with this Resolution
relocating the Access Opening for Parcel 2 to an alternate location on Parcel Map 23496 as
approved by separate action of the City Council.
~ The City Clerk Shall c~'tify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula
on the 15th day of November, 1994.
Ronald H. Roberts, Mayor
June S. Greek,
City Clerk
[SEAL]
pw0$~,dzptX~4Xl I 15%~.vsc
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temeeula, do hereby certify that the
Resolution No. 94- was duly and regularly adopted by the City Council of the City of
Temecttla at a regular meeting thereof, held on the 15th day of November, 1994, by the
following vote, to wit:
AYES:
NOES:
ABSENY:
ABSTAIN:
COUNCn.MEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
June S. Greek
City Clerk
EXHIBIT 'A'
SUMMARY VACATION OF ACCESS OPENING
AND DEDICATION OF RESTRICTED ABUTrER'S
RIGHT OF ACCESS (40 FEET WIDE) TO YNEZ ROAD
A 40-foot opening in the Southwesterly sideline of Ynez Road adjacent to Pamel 2 of
Parcel Map 23496 in the City of Temecula, County of Riverside, State of California, as
shown on map in Book 168, Pages 41 through 45 of Parcel Maps, Records of said
Riverside County. The centerline of said opening intersects the Southeasterly right-of-
way line of Ynez Road perpendicularly at the following described location:
BEGINNING at the Northeasterly comer of said Parcel 2 of Parcel Map 23496, said point
being on a curve, concave Northeasterly, with a radial bearing of North 34° 41' 34" East
and a radius of 1267.00 feet;
THENCE Southeasterly along said curve through a central angle of 00° 53' 55" a distance
of 19.87 feet;
THENCE South 56° 12' 21" East a distance of 113.40 feet to said center of the
abandonment of the previous dedication of restricted abutters right of access.
t;
OLSE
N0, 5007
EXHIBIT "B" TO RESOLUTION NO. 94.-
SUBJECT SUMMARY VACATION - A PORTION OF YNEZ ROAD
(Map Attached)
EXHIBIT "B"
LEGEND
////////
PAR.
OWNER:
ERiC J. AND GISELA F. GOSCH
MARC L. GOSCH AND MARIE GOSCH
150 CARRIAGE CIRCLE
HEMET, CA 92545
i'~:. 5::7
Exp. ~
DESCRIPTION OF THE NEW ACCESS OPENING
EXHIBIT 'A'
DEDICATION OF 40' ACCESS OPENING
AND ABANDONMENT OF PREVIOUS DEDICATION
OF RESTRICTED ABUTI'ER'S RIGHT OF ACCESS
A 40-foot opening in the Southwesterly sideline of Ynez Road adjacent to Parcel 2 of
Parcel Map 23496 in the City of Temecula, County of Riverside, State of California, as
shown on map in Book 168, Pages 41 through 45 of Parcel Maps, Records of said
Riverside County. The centerline of said opening intersects the Southeasterly right-of-
way line of Ynez Road perpendicularly at the following described location:
BEGINNING at the Northeasterly corner of said Parcel 2 of Parcel Map 23496, said point
being on a curve, concave Northeasterly, with a radial bearing of North 34° 41' 34" East
and a radius of 1267.00 feet;
THENCE Southeasterly along said curve through a central angle of 00° 53' 55" a distance
of 19.87 feet;
THENCE South 56° 12' 21" East a distance of 20.00 feet to said center of the 40.00 foot
access opening.
0LSEN
N0. 5007
EXHIBIT "B"
IllllllllI
LEGEND
PER ,~hf
,4NZ~ PER'
PA,q. Z
OWNER:
ERIC ,J. AND GISELA F. GOSCH
MARC L. GOSCH AND MARIE GOSCH
150 CARRIAGE CIRCLE
HEMET, CA 9254.5
L, D~4
ITEM 28
TO:
FROM:
DATE:
SUBJECT:
APPROVA~.y~
CITY A'ITORNEY
FINANCE OFFIC
CITY MANAGE
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Interim Director of Public Works/City Engineer
November 15, 1994
Summary Vacation of an existing forty (40) foot access opening fronting
on Jefferson Avenue between Sanborn Avenue and Buecking Drive on
Parcels 2 and 3 of Parcel Map No. 23561-2 and Acceptance of new
access openings.
PREPARED BY: Raymond A. Casey, Principal Engineer - Land Development
RECOMMENDATi~A:nnie Bostre-Le, Engineering Technician
1. Adopt a resolution entitled:
RESOLUTION NO. 94-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUMMARILY VACATING AN EXISTING FORTY (40)
FOOT ACCESS OPENING EXCEPTION TO RESTRICTED
ABUTTERS RIGHTS FOR PARCELS 2 AND 3 OF PARCEL MAP
23561-2 LOCATED ON JEFFERSON AVENUE BETWEEN
SANBORN AVENUE AND BUECKING DRIVE
Approve the new locations of the access opening in substantially the locations
described as "Opening No. 1" and "Opening No. 2" as described on the attachments
to this Staff Report and authorize the City Engineer to approve the specific location
which will create the new access openings. The Owner shall prepare an agreement
which will quitclaim their existing access rights. The document is subject to the
approval of the City Engineer and City Attorney prior to the recordation of the
document.
BACKGROUND:
The tentative Parcel Map No. 23561 was approved by the Board of Supervisors on January
26, 1990 provided for a forty (40) foot joint use access opening between Parcels 2 and 3
fronting on Jefferson Avenue. The City Council approved Parcel Map No. 23561-2 on
December 4, 1990.
The access opening on Jefferson Avenue between Parcels 2 end 3 was offered for dedication
and accepted by the public as ahown on Parcel Map No. 23561-2 filed in Book 168, pages
71 through 73 of Parcel Maps in the Office of the County Recorder of Riverside County.
The owner of Parcels 1, 2, 3, and 4 of Parcel Map No. 23561-2, Kemper Real Estate
Management Company, is requesting that the City vacate the existing forty (40) foot wide
joint use access opening along Jefferson Avenue between Parcels 2 and 3. The purpose of
this vacation is to provide an alternative forty (40) foot access opening for the sole use of
Parcel 2, Access to Parcel 3 would in the form of a joint access opening with Parcel 4.
The City Council should approve the new locations of the access openings and authorize the
City Engineer to approve the specific location which will create the new access openings. The
Owner shall prepare an agreement which will quitclaim their existing access rights. The
document is subject to the approval of the City Engineer and City Attorney prior to the
recordation of the document.
FISCAL IMPACT:
None.
ATTACHMENTS:
1. Resolution No, 94- with Exhibits "A and B"
2. Descriptions of the new access openings described as Opening No. I and Opening No.
2.
I~-~OLUTION NO. ~
A I~E~OLUTION OF THE CITY COUNCIL OF ~ C1TY
OF TEMECULA, C,~I.II~RNIA, SUMMA~rLY VACATING
AN EXISTING FORTY (40) FOOT ACCESS OPENING
EXCEPTION TO RESTRICTED ABU'FrERS RIGHTS FOR
PARCELS 2 AND 3 OF PARC~,L MAP 23561-2 LOCATED
ON JEFFERSON AVENUE BETWR~ SANBORN AVENUE
AND BUFfICING DRIVE
THE CH'Y COUNCIL OF THE CITY OF TEMECULA DOES HF_.~FRY RESOLVE
AS FOLLOWS:
S~on l. The City Council of the City of Temecula does hereby find, determine and
declare as follows:
a. The *Owner's Statement" of Parcel Map 23561-2 provides for the dedication of
certain property in the Tract for street and public utility purposes (known as 'Jefferson
Avenue").
b. The Owner's Statement further provides that the Owner will have no rights of acce&s
to Jefferson Avenue, except for the general fight of Wavel, and specifically excepts
therefrom *two adjacent (200 font access openings, one each, for Parcel Number 2 and
Number 3, as shown" on the Parcel Map (hereinafter referred to as "Access Openings
for Parcels 2 and 3"). The legal descriptions of said Access Openings for Parcels 2 and
3 is set forth on Exhibit A, attached hereto and incorporated herein by this reference.
c. The Owner of Parcels 1, 2, 3 and 4 of Parcel Map 23561-2 0aereina~er "Owner")
now desires to relocate the Access Openings for Parcels 2 and 3 by creating a new access
opening on Parcel 2 and a new joint access opening for Parcel 3 on Parcels 3 and 4.
d. The City desires to effectuate the intention of the Owner by vacating the Access
Openings for Parcels 2 and 3 and accept the relocated access openings for Parcel 2 and
new access openings for Parcels 3 and 4.
e. Streets and Highways Code Section 8333 provides the authority for the City Council
to summarily vacate an access easement ff the easement has been superseded by
reloca~on and them are no other public facilities located within the easement.
f. The Access Openings for Parcels 2 and 3 contain no public facilities and said access
easements are no longer necessary because the access openings will be relocated to other
potions of Parcel Map 23561-2 as a condition of this vacation.
S~on2. The Access Openings for Parcels 2 and 3, as legally described on Exhibit A,
are hereby vacated and shall no longer constitute an easement or right of way or other interest
in real property of the City of Temecula and shall revert to the Owner. This vacation is subject
to the condition, and this Resolution shall not be recorded, until such time as the City Engineer
I~tO~ltlat\94~l 115~jeff~'m.vae
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temec-,,In; do hereby certify that the
Resolution No, 94- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof, held on the 15th day of November, 1994, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCn.MEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
June S. Greek
City Clerk
EXHIBIT "A" TO RESOLUTION NO. 94-
Summarily vacate an existing forty (40) foot access opening on
Jefferson Avenue between Sanbern Avenue and Buecking Drive,
subject to the associated offer of dedication of alternate
access(as) to Parcels 2 and 3 of Parcel Map No, 23561-2.
(Legal description attached)
!n~XildqgX94Xl 115Xj~ffmn.vac
EXHIBIT "A"
LEGAL DESCRIPTION
SUMMARY VACATION OF ACCESS OPENING AND DEDICATION OF RESTRICTED
ABUTTERS RIGHTS OF ACCESS (40' WIDE) TO JEFFERSON AVENUE
Being that portion of Parcels 2 and 3 as shown in Parcel Map 23561-
2, recorded in Book 168, Pages 71-73 of Parcel Maps, Records of
Riverside County, California; commencing at the most Southerly
corner of said Parcel 3; thence North 48o39'30" West along the
Northeasterly Right of Way line of Jefferson Avenue, a distance of
20.00 feet to the POINT OF BEGINNING; thence South 48°39'30' East
along the Northeasterly Right of Way line of Jefferson Avenue, a
distance of 40.00 feet, to the end of the Jefferson Avenue frontage
Vacation of Access Opening and Dedication of Restricted Abutters
Rights of Access.
D. 6-30-97
EXHIBIT "B" TO RESOLUTION NO, 94-
SUBJECT SUMMARY VACATION - A PORTION OF JEFFERSON AVENUE
(Map Attached)
EXHIBIT "B" - MAP
VACATION OF ACCESS OPENING AND DEDICATION OF RESTRICTED ABUTTERS
RIGHTS OF ACCESS (40' WIDE)
L]] 't4- - 05t LD
C/L- BUe'C~ZNe
-
C/L SANBORN AVE.
6F ACe[SS '1~ BE DEDICATED
APPLICANT:
KEMPER REAL ESTATE MGMT. CO.
40925 COUNTY CENTER DR, STE
TEMECULA, CA 92591
CITY OF TEMECULA
120
DESCRIPTION OF NEW ACCESS OPENINGS
ATTACHMENTS Page 1 of 2
EXHIBIT
LEGAL DESCRIPTION
DEDICATION OF ACCESS OPENING ANDABANDONMENT OF PREVIOUS DEDICATION
OF RESTRICTED ABUTTERS RIGHTS OF ACCESS (40' WIDE) TO JEFFERSON
AVENUE
OPENING NO. 1
Being that portion of Parcel 2 as shown in Parcel Map 23561-2,
recorded in Book 168, Pages 71-73 of Parcel Maps, Records of
Riverside County, California; commencing at the most Westerly
corner of said Parcel 2; thence South 48039'30" East along the
Northeasterly Right of Way line of Jefferson Avenue, a distance of
25.00 feet to the POINT OF BEGINNING; thence continuing South
48°39'30'' East along the Northeasterly Right of Way line of
Jefferson Avenue, a distance of 40.00 feet, to the end of the
Jefferson Avenue frontage dedication of Access Opening and
Abandonment of Previous Dedication of Restricted Abutters Rights of
Access.
Exit. 6-30-97
EXHIBIT"B" - MAP
DEDICATION OF ACCESS OPENING AND ABANDONMENT OF PREVIOUS DEDICATION
OF RESTRICTED ABUTTERS RIGHTS OF ACCESS (40' WIDE)
OP[:IdlJJG
(50)
/
Exp. 6-30-97
'- ACCESS
" RELINGUI~'I4ED PER
FARCEL MAP kiZ}.
" 'Z~jS&f 'Z , P.M. Bt'mK
IA,S, PA&F.5 'H - "T~,
AND PER SEPARATE
DDCUMEA.rT ~EC~R~)ED
~.M e UR ME XITL~/,
C/L SANBORN AVE.
APPLICANT:
KEMPER REAL ESTATE MGMT. CO.
40925 COUNTY CENTER DR, STE
TEMECULA, CA 92591
120
CITY OF TEMECULA
ATTACHMENTS Page 2 of 2
EXHIBIT
LEGAL DESCRIPTION
DEDICATION OF ACCESS OPENING AND ABANDONMENT OF PREVIOUS DEDICATION
OF RESTRICTED ABUTTERS RIGHTS OF ACCESS (40' WIDE) TO JEFFERSON
AVENUE
OPENING NO. 2
Being that portion of Parcels 3 and 4 as shown in Parcel Map 23561-
2, recorded in Book 168, Pages 71-73 of Parcel Maps, Records of
Riverside County, California; commencing at the most Southerly
corner of said Parcel 4; thence North 48039'30" West along the
Northeasterly Right of Way line of Jefferson Avenue, a distance of
20.00 feet to the POINT OF BEGINNING; thence South 48°39'30" East
along the Northeasterly Right of Way line of Jefferson Avenue, a
distance of 40.00 feet, to the end of the Jefferson Avenue frontage
dedication of Access Opening and Abandonment of Previous Dedication
of Restricted Abutters Rights of Access.
EXHIBIT"B" - MAP
DEDICATION OF ACCESS OPENING AND ABANDONMENT OF PREVIOUS DEDICATION
OF RESTRICTED ABUTTERS RIGHTS OF ACCESS (40' WIDE)
__ .~ C'/L BU~,C~,Z. NG
~ ~ DRZVE
I~ "-----
(50) 'm
F.~.E \ I '
~, ~ j'7055
'
40 DEDICATID~] '~ . - - '
· \--~ '
tj.J ~, ~ /Vl~, x
m ~ CO
UJ m
~ ~l /
\
1 2
(q
ACCESS R)ra14TS R'EUM,GU)St, IED
PER PARCEL MAr MQ.
tiM. BZ)~ 1~18, PAGES lt-15
AMP PER .~EFARAT; DOCUME)JT
I~CA~Z>ED C.~N CURREMTLY.
C/L SANBORN AVE.
APPLICANT:
KEMPER REAL ESTATE MGMT. CO.
40925 COUNTY CENTER DR, STE
TEMECULA, CA 92591
120
CITY OF TEMECULA
ITEM 29
TO:
FROM:
DATE:
SUBJECT:
APPROVAL
CITY ATTORNEY
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Gary Thornhill, Director of Planrang
November 15, 1994
Planning Application No. PA94-0063 (Appeal) - A Forty-One Foot, Six Inch
High (41'6"), One Hundred Twenty-Two (122) Square Foot Freestanding
Freeway Oriented Sign for Toyota of Temecula Valley located on the East Side
of Interstate 15
Prepared By: Matthew Fagan, Assistant Planner
RECOMMENDATION: The Planning Commission recommends that the City Council:
Adopt a resolution entitled:
RESOLUTION NO. 94-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING PLANNING APPLICATION NO. PA94-0063
(APPEAL), UPHOLDING PLANNING COMMISSION'S DECISION
TO DENY PLANNING APPLICATION NO. PA94-0063,TO ALLOW
THE CONSTRUCTION OF A FORTY-ONE FOOT, SIX INCH HIGH
(41'6"}, ONE HUNDRED TWENTY-TWO (122) SQUARE FOOT
FREESTANDING FREEWAY ORIENTED SIGN FOR TOYOTA OF
.TEMECULA VALLEY LOCATED ON THE EAST SIDE OF
INTERSTATE 15 AND KNOWN AS ASSESSOR'S PARCEL NO.
911-150-005.
BACKGROUND
This item was continued by the City Council at their meeting of October 11, 1994 to their
meeting of November 15, 1994. Staff was directed by the Council to contact the auto dealers
to determine if there was interest in the previously approved Auto Mall Marquee. Staff mailed
a letter to all of the auto dealers dated October 12, 1994, inquiring into the status of the
Marquee (reference Attachment No. 3), The auto dealers responded to Staff that there is still
an interest in the Marquee. This item is addressed in the current Council Agenda.
Staff was also directed to research the conditions of approval for the Marquee in relation to
their effect upon individual freeway oriented, freestanding signs for the auto dealerships,
Condition of Approval No. 9 for the project required that prior to the issuance of building
permits: "All members of the Temecula Valley Auto Mall who chose to advertise on the
electronic message board portion of the sign shall submit an agreement with the City of
R:\STAFFRPT\6'~PAg/,.CC2 11/7/94, ktb 1
Temecula which will be recorded with the County Recorder. The agreement shall stipulate
that all members and future members will forego requesting any additional freeway oriented
signage as long as the Temecula Valley Auto Mall Marquee is erected. The addition of any
future advertisers on the electronic message board of the Temecula Valley Auto Mall Marquee
will cause the agreement to be amended. No additional advertisers will be permitted to be
displayed upon the Marquee until the amended agreement is recorded."
This condition of approval is in effect until the project expires and would apply to any freeway
oriented signage requests brought forward by the Auto dealers.
In addition, Staff was directed to apprise the City Council of the status of the approval of the
Auto Mall Marquee. Plot Plan No. 249, Amendment No. 2 and Variance No. 13 (Marquee)
was approved by the City Council on August 10, 1993. The project is a proposal for a two
(2) sided, seventy-three (73) foot high sign with electronic message board for the Temecula
Valley Auto Mall located at the rear portion of Toyota of Temecula (26631 Ynez Road). The
approval is effective until August 1 O, 1995, unless an extension of time is filed in compliance
with current City Ordinances.
FISCAL IMPACT
None.
Attachments:
Resolution No. 94- - Page 3
City Council Staff Report: October 11, 1994 - Page 7
Letter to Auto Dealers Dated: October 12, 1994- Page 8
R:\STAFFRPT\6~PA9~.CC2 11/7/94 ktb 2
ATTACHMENT NO. 1
RESOLUTION NO. 94-
R:\STAFFRPT\63PA~4.CC2 11/7/94 ktb 3
ATTACHMENT NO. 1
RESOLUTION NO. 94-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING PLANNING APPLICATION NO. PA94-0063
(APPEAL), UPHOLDING PLANNING COMMISSION'S DECISION TO
DENY PLANNING APPLICATION NO. PA94-0063, TO ALLOW THE
CONSTRUCTION OF A FORTY-ONE FOOT, SIX INCH HIGH (41'6"),
ONE HUNDRED TWENTY-TWO (122) SQUARE FOOT FREESTANDING
FREEWAY ORIRNTED SIGN FOR TOYOTA OF TEMECULA VALLEY
LOCATED ON THE EAST SIDE OF INTERSTATE 15 AND KNOWN AS
ASSESSOR'S PARCEL NO. 911-150-00&
WHEREAS, Toyota of Temecula filed Planning Application No. PA94-0063 in
accordance with the City of Temecula General Plan and Riverside County Land Use and
Subdivision Ordinances, which the City has adopted by reference;
WHEREAS, Planning Application No. PA94-0063 was processed in the time and manner
prescribed by State and local law;
VerlEREAS, the Planning Commission considered Planning Application No. PA94-0063
on August 1, 1994 at a duly noticed public hearing as prescribed by law, at which time
interested persons had an opportunity to testify either in support or opposition;
WHEREAS, at the conclusion of the Planning Commission hearing, the Commission
directed Planning Staff to deny Planning Application No. PA94-0063;
WHEREAS, Toyota of Temecula fried Planning Application No. PA94-0063 (Appeal)
in accordance with the City of Temecula General Plan and Riverside County Land Use and
Subdivision Ordinances, which the City has adopted by reference;
WHEREAS, Planning Application No. PA94-0063 (Appeal) was processed in the time
and manner prescribed by State and local law;
WHEREAS, the City Council received a copy of the Commission proceedings and Staff
Report regarding Planning Application No. PA94-0063;
WHEREAS, the City Council considered Planning Application No. PA94-0063 (Appeal)
on October 11, 1994 at a duly noticed public hearing as prescribed by law, at which time
interested persons had an opportunity to testify either in support or opposition;
WHEREAS, the City Council continued Planning Application No. PA94-0063 (Appeal)
on October 11, 1994 to the meeting of November 15, 1994;
R:\STAFFRPT\63PA9~.CC2 11/?/9~ ktb 4
WI~.REAS, the City Council considered Planning Application No. PA94-0063 (Appeal)
on November 15, 1994 at a duly noticed public hearing as prescribed by law, at which time
interested persons had an opportunity to testify either in support or opposition;
WHEREAS, at the conclusion of the City Council hearing, the Council denied Planning
Application No. PA94-0063 (Appeal);
NOW, TI~,R!~.iI'ORE, TFW, CITY COUNCIL OF TltF, CITY OF TEMECULA
DOES RESOLVE, DETER_MINE AND ORDER AS FOLLOWS:
Section 1. ~ That the Temecula City Council hereby makes the following
findings:
A. The City Council, in denying planning Application No. PA94-0063 (Appeal),
makes the following findings, to wit:
1. The project is not consistent with the City's General Plan. The
freestanding sign does not provide design excellence in signage, nor does it preserve and
enhance the positive qualifies of individual districts. Further, it does not contribute to a
streetscape system that provides eohesiveness and enhances community image.
2. The overall development of the land is not designed for the protection of
the public health, safety and general welfare. To allow each existing business along with future
businesses, to erect forty (40) foot high free-standing signs adjacent to Intentate 15 would result
in visual blight. To approve projects that would result in visual blight would be conwary to the
general welfare of the community.
3. The project does not conform to the logical development of the land and
is not compatible with the present and future logical development of the surrounding property.
Based upon precedent established fwm decisions made by the Cit~ Council and Planning
Commission, no signs individual use or center identification signs in this area, along Interstate
15 in excess of thirty feet have been approved. To approve a forty-one foot, six inch (41 '6")
high free-standing sign at this location would not conform to the logical development of the land
and would be inconsistent with present and future logical development in the area, In addition,
the forty-one foot, six inch (41'6") high freeway oriented sign is not compatible with the scale
of the buildings that are located on the site.
4. The project is not consistent with current City Ordinances. One
freestanding sign is permitted per parcel pursuant to the provisions contained in Section 19.4 of
Ordinance No. 348. A six foot high freestanding sign currently exists on site. The project site
is on one parcel. The proposal is for an additional freestanding sign on the parcel. Two signs
are not permitted under Section 19.4.a.4. of Ordinance No. 348.
Section 2. Environmental Compliance, The City of Temecula City Council hereby
determines that Planning Application No. PA94-0063 (Appeal) is a statutory exemption under
the California Environmental Quality Act (Ct~QA) pursuant to Section 15270 (a) of the CEQA
Guidelines. This Exemption states: "CEQA does not apply to projects which a public agency
R:\3TAFFRPTN6~PA94.CC2 11/1/94 klb 5
rejects or disapproves."
Section 3. The City Clerk shall certify the adoption of this Resolution.
Section 4. PASSED, APPROVED AND ADOPTED this 15th day of November, 1994.
RON ROBERTS
MAYOR
A'ff~ST:
June S. Greek, City Clerk
[SEAL]
STATE OF C;,Ln=ORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TIEIVlF, CULA)
I WEREBY CERTIFY that the foregoing Resolution was duly adopted by the City
Council of the City of Temecula at a regular meeting thereof, held on the 15th day of
November, 1994 by the following vote of the Council:
NOES:
ABSENT:
CO~CILMItlBERS:
CO~CH_JVtEMBERS:
CO~CILIVlEVIBERS:
JUN'E S.
CITY CY-~P,K
ATTACHMENT NO. 2
CITY COUNCIL STAFF REPORT
OCTOBER 11, 1994
R:\STAFFRPT\63PAgA.CC2 11/7/94 ktb 7
TO:
FROM:
DATE:
SUBJECT:
TY APPRO~
CI ATTORNEY
FINANCE OFFICER
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Gary Thornhill, Director of Planning
October 11, 1994
Planning Application No. PA94-0063 (Appeal) - A Forty-One Foot, Six Inch
High (41 '6"), One Hundred Twenty-Two (122) Square Foot Freestanding
Freeway Oriented Sign for Toyota of Temecula Valley located on the East Side
of Interstate 15
Prepared By: Matthew Fagan, Assistant Planner
RECOMMENDATION: The Planning Commission recommends that the City Council:
Adopt a resolution entitled:
RESOLUTION NO. ~.~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING PLANNING APPLICATION NO. PA94-0063
(APPEAL), UPHOLDING PLANNING COMMISSION'S DECISION
TO DENY PLANNING APPLICATION NO. PA94-0063,TO ALLOW
THE CONSTRUCTION OF A FORTY-ONE FOOT, SIX INCH HIGH
(41'6'), ONE HUNDRED TWENTY-TWO {122) SQUARE FOOT
FREESTANDING FREEWAY ORIENTED SIGN FOR TOYOTA OF
TEMECULA VALLEY LOCATED ON THE EAST SIDE OF
INTERSTATE 15 AND KNOWN AS ASSESSOR'S PARCEL NO.
911-150-005.
BACKGROUND
The Planning Commission directed Staff to deny an approximstely 41 '6" high freeway oriented
sign at their August 1, 1994 by a 4-0 vote. Staff requested that the Commission provide
direction to deny the sign at approximately 41 '6" in height for two reasons. First, the height
of the proposed sign was not consistent with another freeway oriented sign located on the
adjacent property to the south (Ynez Car Care Center). The Planning Commission, on May 2,
1994, directed Staff to deny a request for a forty (40) foot high sign at the Ynez Car Care
Center, opting to approve a sign between 25 and 30 feet in height. The City Council upheld
the Commission's decision on June 28, 1994, approving a sign between 25 and 30 feet in
height. This decision, in Staff's opinion, sets a precedent in the area. All of this was
explained to the applicant prior to submit'tat; however, they opted to submit the sign at 41 '6"
in height.
R:\STAFFRPT\63PAg/e. CC 9/~619~. ktb 1
Second, Section 19.4.a .4. of Ordinance No. 348 (Free-Standing Signs) states that not more
than one free-standing sign shall be permitted on a parcel of land (Toyota of Temecuia iS
located on one parcel). Currently, Toyota of Temecula Valley has a freestanding sign along
Ynez Road, and they do not intend to remove it. The exception to the one freestanding sign
l~er parcel requirement under Ordinance No. 348 is for a shopping center that has frontage on
two or more streets. Toyota of Temecula does not meet the definition of a shopping center
as defined in Ordinance No. 348.
Since the applicant is currently choosing to construct 8 freeway oriented sign, they will be
precluded from advertising upon the Auto Mall Marquee in the event that it is constructed.
Should the Auto Mall Marquee be constructed and the applicant wish to advertise on it, they
will need to remove the freeway oriented sign prior to advertising on it.
As required under the submittal requirements for an appeal, the applicant has submitted
reason(s) or rationale to support the appeal. This has been included as A~achment No.
FISCAL IMPACT
None.
Attachments:
Resolution No. 94- - Page 3
Planning Commission Staff Report: August 1, 1994- Page 7
Draft Planning Commission Minutes: August 1, 1994- Page 8
Exhibits - Page 9
Appiicant's Reason(s) or Justification to Support the Appeal - Page 10
ATTACHMENT NO. 1
RESOLUTION NO. 94,-
R:\STAFFRPT\63PAg~,CC 9/~./9~ ktb ~
A~FACItld~-NT NO. I
RF, qOLUTION NO. 94-,
A RESOLUTION OF TFfF~ CITY COUNCIL OF ~ CITY OF
TEMECULA DENYING PLANNING APPLICATION NO. PA94-0063
(APPEAL), UPHOLDING PLANNING COMMISSXON'S DECISION TO
DENY PIANNING AFFI~[CATION NO. PA94-0063, TO AIJOW THE
CONSTRUCTION OF A FORTY-OI~E FOOT, SXX INCH HIGH (41'6"),
ONE HUNDIzEB TWENTY-TWO (122) SQUARE FOOT FREESTANDING
FI~k'~.WAY ORIk'~FED SIGN K)R TOYOTA OF TE1VIECULA VALLEY
LOCATIff} ON ~ EAST SIDE OF INTERSTATE 1~ AND KNOWN AS
ASSEgSOR'S PARCEL NO. 911-1.q}=00~.
WHEREAS, Toyota of Temecula filed Planning Application No. PA94-0063 in
accordance with the City of Temecula General Plan and Riverside County Land Use and
Subdivision Ordinances, which the City has adopted by reference;
WHEREAS, Planning Application No. PA94-0063 was processed in the time and manner
prescribed by Stat~ and local law;
~S, the Planning Commission considered Planning Application No. PA94-0063
on August 1, 1994 at a duly noticed public hearing as prescribed by law, at which time
roterested persons had an opporumity to testify edth~ ix', support or opposition;
WI~.REAS, at the conclusion of the Planning Commission hearing, the Commission
directed Planning Staff to deny Planning Application No. PA94-0063;
WttEREAS, Toyota of Temecula filed Planning Application No. PA94-0063 (Appeal)
in accordance with the City of Temecula G~neral Plan and Riverside County Land Use and
Subdivision Ordinances, which the City has adoprod by referend;
W!~.~, Planning Application No. PA94-0063 (Appeal) was processed in the time
and manner prescribed by State and local law;
WHEREAS, the City Council received a copy of the Comwi~on proceedings and Staff
Report regarding Planning Application No. PA94-0063;
WHk~I~.~,S, the City Council considered Planning Application No. PA94-0063 (Appeal)
on October 11, 1994 at a duly noticed public hearing as prescribed by law, at which time
interested persons had an opportunity to testify either in support or opposition;
WHEREAS, at the conclusion of the City Council hearing, the Council denied Planning
Application No. PA94-0063 (Appeal);
R:\STAFFRPT'~dPAg~.C~ 9/?,6/9~ ktb 4
NOW, TFIERRRORE, THE CITY COUNCIL OF ~ CITY OF TEMECULA
DOES R~-gOLVE, DETERMINE AND ORDER AS FOIJOWS:
Section 1. ~ That the Tcmecula City Council hereby makes the following
findings:
A. The City Council, in denying Planning Application No. PA94-0063 (Appeal),
malces the following fi/~dingS, tO Wit:
1. The p~oject is not conni~tent with the City's General Plan. The
freestanding sign does not provide design =cellence in signage, nor does it preserve and
enhance the positive qualifies of individual distrim, Further, it does not contribute to a
streetscape system that provides cohesiveness and enhance~ community image.
2. The overall development of the land is not designed for the protection of
the public health, safety and general welfare. To allow each existing business along with future
businesses, to erect forty (40) font high free-standing signs adjacent to Interstate 15 would result
in visual blight. To approve projects that would result in visual blight would be contrary to the
general welfare of the community.
3. The project does not conform to the logical development of the land and
is not compatible with the present and future logical development of the surrounding property.
Based upon precedent established from decisions made by the City Council and Planning
Commission, no signs individual use or center identification signs in this area, along Interstate
15 in excess of thirty feet have been approved. To approve a forty-one font, six inch (41 '6')
high free-standing sign at this location would not conform to the logical development of the land
and would be inconsistent with present and future logical development in the area. In addition,
the forty-one foot, six inch (41'6") high freeway oriented sign is not compatible with the scale
of the buildings that are located on the site.
Section 2. Environmental Comoliance. The City of Temecula City Council hereby
determines that Planning Application No. PA94-0063 (Appeal) is a statutory exemption under
the California Environmental Quality Act (CEQA) punuant to Section 15270 (a) of the CEQA
Guidelines. This Exemption states: "CEQA does not apply to projects which a public agency
rejects or disapproves."
Section 3. The City Clerk shall certify the adoption of this Resolution.
R:\STAFFRPT\63PAg~,.CC 912619~, kLb 5
Section 4. PASSED, AlPROVED AND ADOPTED thLs llth day of October, 1994.
RON ROBFATS
MAYOR
ATIEST:
June S. Greedy, City Clerk
[SF~]
STATE OF CAI.T~ORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEIvlZF_EULA)
I WERERy CERTIFY that the foregoing Resolution was duly adopted by the City
Council of the City of Temecula at a regular roecling .thereof, held on the 1 lth day of October,
1994 by the following vo~e of the Council:
CO~CUJvlEMBERS:
NOES:
COUNCILMI~-MBERS:
ABSENT:
C OUNCILI~MBERS:
.TUNE S.
CiTY CT,I=~RK
R:\STAFFRPT~3PA9~.~:: 9/7.6/96 ktb 6
ATTACHMENT NO. 2
PLANNING COMMISSION STAFF REPORT
AUGUST 1, 1994
R:'~T^FFRFT~31'A94.CC 9/26/N k~ 7
MEMORANDUM
TO:
FROM:
~ninThgo~D~or of Planning
DATE:
August 1, 1994
Planning Application No. 94-0063 - A Forty-One Foot, Six Inch ttigh (41'6'),
One Huncited Twenty-Two (122) Square Foot Freestanding Fre~way Orm~md
Sign for Toyota of Temeenla V~l|,,y located on the l==~t Side of Interstate 15
Prepared By:
Matthew Fagan, Assistant Planner
RECOMM~NDATION:
~ Staff to deny Planning Application No. 94-0063 for a
forty-one foot six inch (41 '6") high, one hundred twenty-two (122)
squa~ foot freestanding freeway oriented sign for Toyota of
Tem~cula Valley
BACKGROIJND
Planning Application No. 94-0063 was submitted to the Planning Department on July 7 1994.
This project is before the Planning Commission because current policy requires Com;n~ssion
direction with respect to fre~way oriented signs. Staff is requesting that the Commission provide
direction to deny the sign at approximately 41'6" in height for two reasons. First, the height
of the sign is not consistent with another fleeway oriented sign that is located on the adjacent
property to the south (Ynez Car Care Center). The Planning Comrni~sion denied a request for
a forty (40) foot high sign at the Ynez Car Care Center, opting to approve a sign between 25
and 30 feet in height. The City Council upheld the Commission's decision approving a sign
between 25 and 30 feet m height. This decision, in Staffs opinion, sets a precedent in the area.
All of this was explained to the applicant prior w submittal; however, they have opted to submit
the sign at 41'6' in height.
Second, Section 19.4.a.4. of 0rdinanc~ No. 348 (Free-Standing Signs) states that not more than
one free-standing sign shall be pemitted on a parcel of land ('toyota of Temecula is located on
one parcel). Currently, Toyota of Temecula Valley has a freestanding sign along Ynez Road,
and they do not intend m remove it. The exception to the one freestanding sign pe~ parcel
requirement under Ordinance No. 348 is for a shopping cemer that has frontage on two or more
streets. Toyota of Temecuh does not meet the definition of a shopping center as defined in
Ordinanc~ No. 348.
Should the Commission approve the requested application, they should be aware of Condition
of Appwval No. 9 of Plot Plan No. 249 (Temecula Auto Mnll Marquee). A portion of this
condition sta~: * ...all members and future members of the Temecula Valley Auto M~11 wig
forego requesting any additional fleeway oriented signage as long as the Temecula Valk:y Auw
lvfnll Marquee is erected."
Since the applicant is currenfiy choosing to consu'uct a freeway oriented sign, they will be
precluded from adva'tising upon the Auw Mall Marquee in the event that it is constructed.
Should the sign be constructed and the applicant wish w advertise on it, they will need to
remove the freeway oriented sign prior w advcrdsing on it.
Atuchmcnts:
Exhibits - Blue Page 3
a. Site Plan
b. Elevations
ATI'ACHMENT NO. 3
DRAFT PLANNING COMMISSION MINUTES
AUGUST 1, 1994
PLANNING COMMISSION MINUTES AUGUST 1. 1994
Commissioner Fahey said she is not in favor of granting an extension of time to the
applicant.
Chairman Ford said he would like to see the applicant construct the wall with a time
schedule. He clarified the Commission's direction would be to enforce the public
use permit.
3. Review C8oital Imorovement ProQram (CIP), for Consistency with the General Plan
Senior Planner John Meyer presented the staff report.
It was moved by Commissioner Hoagland, seconded by Commissioner Fahey to
apl}rove staff recommendation and Adopt Planning Commission Resolution No. 94-
27 "A RESOLUTION OF THE PLANNING COMMISSION FOR THE CITY OF
TEMECULA DETERMINING THAT THE CITY OF TEMECULA'S 1994-1995 CAPITAL
IMPROVEMENT PROGRAM IS CONSISTENT WITH THE ADOPTED CITY GENERAL
PLAN"
The motion carried as follows:
AYES:
3 COMMISSIONERS: Fahey, Hoagland, Ford
NOES: 0 COMMISSIONERS: None
ABSENT: 2 COMMISSIONERS: Blair, Salyer
Direct Staff to Deny PA94-0063 for A Forty*One Foot Six Inch (41 '6"0} Hiah, One
Hundred Twenty-Two (122) Souare Foot Freestandino Freeway Oriented Sion for
Toyota of Temecula Valley
Assistant Planner Matthew Fagan presented the staff report.
It was moved by Commissioner Hoagland, seconded by Commissioner Fahey to
direct staff to deny Planning Application No. 94-0063 for a forty-one foot six inch
(41 '6") high, one hundred twenty-two (122) square foot freestanding freeway
oriented sign for Toyota of Temecula Valley
Chairman Ford asked if the applicant's existing sign was removed and this sign
placed, would staff view the request differently.
Assistant Planner Matthew Fagan said yes.
The motion carried as follows:
AYES:
3 COMMISSIONERS: Fahey, Hoagland, Ford
PCMIN08/01194 2 09123/94
PLANNING COMMISSION MINUTES
NOES: 0 COMMISSIONERS: None
ABSENT: 2 COMMISSIONERS: Blair, Salyer
AUGUST 1. 1994
S. Director's Hearine Update
Report included in the agenda package.
PUBLIC HEARING ITEMS
6. Plannino Application No. 94-0042. Amendment No, 1 - Public Use Permit
Proposed expansion to existing church including sanctuary, a worship/
fellowship hall, administrative space, preschool and day school facility, to be
developed in three phases.
Assistant Planner Matthew Fagan presented the staff report.
Commissioner Hoagland and Chairman Ford expressed concerns regarding adequate
parking at build-out of the project.
Rev. Lyle Peterson, 29834 Corte Granada, Temecula, representing Hope Lutheran
Church, provided background on the Hope Lutheran Church and outlined the
proposal.
Tim Holt, Chief Architect, 275 N. El Cielo, Palm Springs; talked about the
architectural aspects of the project.
John Rogers, 27393 Ynez Road, #154. Temecula, project engineer, talked about
the engineering aspects of the project. He said Conditions of Approval Nos. 12, 15,
18, 25 refer to a written report requiring mitigated measures outlined in the
mitigation monitoring program have been satisfied however, there are conditions
imposed by the negative declaration and suggested the Commission delete these
four conditions. He also said Condition No. 57 requires the applicant to pay any
capital fee imposed on the project including that imposed as mitigation under the
E.I.R. Negative Declaration however, they have not been given any conditions.
Vince DiDoharp, Alhambra Group Landscape Architects, 28441 Rancho California
Road, Suite G, landscape architect for the project, provided an overview of the
landscape plan for the project. Mr. DiDoharp cluestipped Condition 11 (a), and said
there is a significant amount of large trees on the project and he feels it his
responsibility for identifying those trees which should remain on the site. He also
expressed a concern regarding Condition 16, which he feels is inappropriate for the
location recommended.
PCMIN081011)4 3 0gl23/94
ATTACHMENT NO. 4
EXHIBITS
R:\STAFFRPT\63PA96.CC 9/26/96 kLb 9
CITY OF TE1VIF. CULA
CASE NO. - PLANNING APPLICATION NO. 94-0063
EXITTRIT - A
PLANNING COMMIRSION DATE - AUGUST 1, 1994
SITE PLAN
R:\FAGANM~.FJ~ORT~',TOYOS~N,PC 7/26/94 mf
CITY OF TEMECULA
2!'-4.60"
TOYOTA
E
5'-8.53'
2'-6.18
41'-6.75"
33'-9.29"
B
F 3'-6.12"
Total 122 Sq. Ft.
C~SE NO. - PLANNING APPLICATION NO. 94-0063
EX}rrRIT - B
PLANNING COMMYgSION DATE - AUGUST 1, 1994
ELEVATION
ATTACHMENT NO. 5
APPLICANT'S REASON(S) OR JUSTIFICATION TO SUPPORT THE APPEAL
R:\STAFFRPT~TPAgG.CC; 9/26/~ ktb 10
Reaso~ or 3ust~fication ~o support the appeal:
The staff report, prepared by the City Planning Dept., for the
Planning Commission, cited two factors as the basis for the
nial of the proposed freew~y sign.
The first issue dealt with the height of the proposed sign
(41'-6'). The report states that a precedent of 25'-30' has been
set. There are at this time, signs along the freeway that exceed
30', Norm Reeves Honda and the Texaco Gas station to name two.
Since these signs were existing prlor to the approval of the
Ynez.Car Care Center" application, precedence has been set, in
fact, for taller freeway signs.
The second issue refers to section 19.4.a.4. of ordinance
no. 348, which states,."...that not more than one free-standing
si9n shall be permitted on a parcel of land...~ It appears that
there has teen some inconsistency in the past regarding the in-
terpretation of this section. Currently, there are approximately
nine businesses with what appeers to be two free-standing signs
cn the property, one on the frontage road and one on the freeway.
This particular property has received approval twice in the
past for a freeway sign in addition to the monument along Ynez
Road. The first was in January of 1991 by Bedford Properties. The
second, was the approval by tne Temecu!a City Council for ~ 73'
tall "AUto Canter Message Sign". With the approval of the pro-
pose~ Toyota Freeway sign the existing approval for the Auto Cen-
~er sign would become abandoned.
The proposed Toyota Freeway sign complies with the city's
adcpted code, on freeway oriented signage, sections 19.4.a.l.(a)
and 19.4.a.l.(b) of ordinance No. 348.
In conclusion, we respectfully request that the Temecula
City Ccuncil grant approval of the proposed 41'-6" tall Toyota
Freeway sign.
Desired action to be taken:
To reveise the decision cf the Planning Co~-unission and grant
zpproval of.the proposed 122 square foot, 41'-6" over all height
(from existing property grade), "~oyota" Freeway sign.
ATTACHMENT N0.3
LETTER TO AUTO DEALERS DATED
OCTOBER 12, 1994
R:\STAFFRPT\6]PA9~.CC2 11/7/9~ ktb 8
Ci_ty of Temecula
i'3u's~ness Park Drive · Temecula, California 92590
October 12, 1994
(909] 694-1989 · FAX [909) 694-t999
lvlr. Dick Kennedy, General Manager
Norm Reeves Super Group
26799 Ynez Road
Temecula, CA 92591
SUBJECT: Status of Temecula Auto Mall Marquee
Dear Mr. Kennedy:
Plot Plan No. 249, Amendment No. 2 and Variance No. 13 (Temecma Auto Mall Marquee)
were approved by the City Council on August 10, 1993. This approval is effective until
August 10, 1995. A letter mailed to the City from the Temecula Au:omobile Dealers
Association dated November 19, 1993 states that the Association .dec'-_mes the City's offer for
financing of the sign.
The City Council, at their October 11, 1994 meeting, directed planni.~g Staff to contact all of
the Auto Dealerships in Temecula to determine if there is still an interest in erecting the
approved Auto Mall Marquee. Please direct your response to me at 694-6400 within seven
days of receipt of this letter. If Staff does not receive a response from you, Staff will
assume that you have no further interest in the Auto Mall Marquee at this time. Staff is
prepared to work close with the auto dealers should the decision be to move forward on this
matter.
Please fred enclosed an elevation of the Marquee, as well as the conditions of approval for
the project as attachments to this letter.
Sincerely,
Gary ThOrnhill
Director of planning
ITEM 30
TO:
FROM:
DATE:
SUBJECT:
APPROVAL
CITY ATTORNE'~
FINANCE OFFICER
CITY MANAGER .
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Scott Field, City Attorney
Mary Jane McLarney, Assistant City Manager
November 15, 1994
Disapproval of Cable Television Rates for Basic Service Tier and
Associated Equipment of inland Valley Cablevision, and Ordering a
Refund for Excessive Rates
RECOMMENDATION:
That the City Council conduct a public hearing and adopt a resolution entitled:
RESOLUTION NO. 94-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
DISAPPROVING THE CABLE TELEVISION RATES FOR BASIC SERVICE TIER
AND ASSOCIATED EQUIPMENT OF INLAND VALLEY CABLEVISION, AND
ORDERING A REFUND FOR EXCESSIVE RATES
BACKGROUND:
The City of Temecula has been granted authority under the 1992 Cable Act to regulate basic
tier rates, along with installation and equipment charges for cable operators operating within
the City limits. Pursuant to Federal Communications Commission (FCC) regulations, Burke,
Willieins & Sorensen, with consulting services from the accounting firm of Diehi, Evans, has
reviewed the cable television rates of inland Valley Cablevision for the period of September
1, 1993through July 14, 1994.
The attached documentation provides an in-depth explanation of the review process, and
describes the conclusions end recommended findings. Inland Valley Cablevision has been
provided the appropriate documentation, and has been requested to make a response before
the public hearing.
FISCAL ANALYSIS:
Based on information provided to date, the City's consultants have determined that the cable
systems 9,119 subscribers have been overcharged $0.16 per month for basic tier service.
Those with remote control and converter boxes were overcharged $0.21 and $0.18 per
month, respectively. Projecting a rebate by Inland Valley of approximately $23,000 to
subscribers, the City will have to rebate the 5% franchise fee on those lost revenues, totaling
approximately $1,200.
The City has spent approximately $5,700 doliars to date on attorney and accountant fees to
prepare the I~roposed rate rebate for its citizens.
R:\EDVALSH\CABLE~REBATE.SRT
RESOLIrrION NO. _
A RESOLUTION OF TB'E CITY COUNCIL OF ~ CITY OF TEMECULA
DISAPPROVING ~ CABLE TELEVISION RATES FOR BASIC SERVICE
Tn~ AND ASSOCIATED EQUIPMENT OF INLAND VALLEY
CABLRVISION, AND ORDERING A REFUND FOR EXCESSIVE RATES
The City Council of the City of Temecula does hereby resolve as follows:
WI:~,REAS, the City of Temecula ("City") was certified to regulate rates for cable
programming services and equipment pursuant to the Cable Television Consumer Protection
and Competition Act of 1992;
~S, Western Communication, dba Inland Valley Cablevision ("Inland
Valley") holds a franchise to operate a cable television system within the City;
WFrRREAS, on or about Januax7 26, 1994, Inland Valley filed its Form 393 with the
City seeking approval of its maximum inithl permitted rites for regulated cable programming
services and equipment;
WttBIEAS, the City has obtained reports dated September 29, 1994 from Burke,
Williams & Sorensen and September 21, 1994 from DieM, Evans & Company, analyzing the
Form 393 submitted by Inland Valley;
W'n'k'XEAS, the City Council has held a public hearing pursuant to Sections 76.935
and 76.935 and 76.942 of Title 47 of the Code of Federal Regulations to take written and
oral testimony from all interested parries, including Inland Valley, concerning the Form 393
submitted by Inland Valley, the aforementioned repom and Inland Valley's response thereto;
and;
WRq;XEAS, the City Council has considered the testimony received dumg the public
heating and the reports and letter described above;
NOW, TITk'rRRFORE, the City Council of the City of Temecula hereby resolves,
determines and orders as follows:
Section 1. The rates and charges for the Basic Services Tier and associated
equipment as identified in the FCC Form 393 are hereby disapproved for the reasons and on
the grounds contained in the Reports of Burke, Willlama & Sorensen and DieM, Evans &
Company, which reports are incorporated into this Resolution by reference as ff fully stated
herein.
Section 2. This Resolution constitutes a written decision disapproving, in whole or
in part, initial rates within the meaning of Section 76.936 of the Rules and Regulations of the
Commission.
Section 3. The permitted rates for the basic service tier and associated equipment
for the period from September 1, 1993 through July 14, 1994 shall be as follows:
O
0
o
o
o
O
O
O
O
O
Basic service tier (23 channels) - $11.66
Hou~y Service Charge - $44.50
Installation of unwired homes - $44.50
Installation of pre-wired homes - $29.82
Installnlion of additional connection
at time of initial installation - $11.13
Installation of addtional connection
as separate installation - $22.25
New install - underground $ 0.00
Trip charge $ 0.00
Tier change charge $ 0.00
Monthly charge for lease of remote control $ 0.32
Monthly charge of converter box $ 2.34
Section 4. For the period from October 11, 1993 through July 14, 1994, Inland
Valley shall refund to subscribers that portion of previously paid basic service tier and
equipment rates in excess of the permitted rates established in Section 3 of this Resolution.
Inland Valley shall implement the refund no later than 30 days after the date this
Resolution is appr0ved by the City Council.
Section 5. Inland Valley, in its discretion, my implement the refund required in
Section 4 in the following manner.
A. By returning overcharges to those subscribers who act~mlly paid the
ovemharges, either through direct payment or as a specifically identified credit to those
subscribers' bill; or
B. By means of a prospective percentage reduction in the rates for the basic
service tier or associated equipment to cover the cumulative overcharge. This shall be
reflected as a specifically identified, one-time credit on prospective bills to the class of
subscribers that eurrentiy subscribe to the cable system.
Section 6. All refunds required pursuant to Section 4 shall include interest
computed at the same rate as established by the United States Internal Revenue Service for
tax refunds and additional tax payments.
Section 7. At least ten (10) days prior to implementing any refunds, Inland Valley
shall notify the City how it intends to implement the refund order and how it calculated the
amount of the refund.
Section 8. Inland Valley shall notify the City of the gross amount of the refund
owing subscribers and the amount of the refund upon which Inland Valley paid any franchise
fee to the City. Within thirty (30) days of receiving the statement from Inland Valley, the
City shall refund to In/and Valley that portion of the franchise fee that was paid on refunds
made to subscribers.
Section 9. The City Council has determined that the maximum rate for the cable
programming service tier is $0.507 per channel, or $10.14 for the 20 channels offered on the
second tier. However, Inland Valley is charging subscribers $10.37 for the cable
programming sen, ice tier. The City lVlmaager is hereby directed to bring this discrepancy to
the attention of the FCC for the purpose of determining if subscribers are entitled to a refund
on the cable programming service tier.
Section 10. Should Inland Valley appeal this rate determination of the City Council
of the City of Temecula to the FCC pursuant to Section 76.944 of the Rules and Regulations
of the Commission, the City Council does grant an automatic stay of the execution of the
refund ordered hereunder. Such stay does not constitute a change in the effective date or
implementation date of this Resolution. Nor does such stay, in any way, constitute an
endorsement of the rates and charges in effect from September 1, 1993 to July 14, 1994.
Section 11. The City Clerk is hereby directed to post a copy of this resolution in
such place or places as City Notices are normally posted and to make copies to this decision
available to the public at the office of the City Clerk during normal business hours.
Section 12." This resolution shall become effective as of the date of adoption.
PASSI~ AND ADOPTED by the City Council of the City of Temecula at its regular
meeting held on the 11 of October, 1994.
ATTEST:
Ronald H. Roberts, Mayor
June S. Greek, City Clerk
STATE OF CALI~'ORNIA)
COUNTY OF RIVERSIDE)ss
COUNTY OF TEaMECULA)
I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify
that Resolution No. 94-__ was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 11 day of October 1994, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
C OUNCH .MEMBERS:
COUNCILMEMBERS:
COUNCILM~-MBERS:
COUNCILMEMBERS:
June S. Greek
City Clerk
g DEI-E,EVANS
&COMPANY
|8401 Vt,)N KAKMAN AVE., SUITE
IRVINE. CALIFORNIA 9171 S-I 542
PHONE (714) 757-7700
FAX (714} 7~7-2707
September 21, 1994
INDEPENDENT AJZCOUNTANTS' REPORT ON AGREED-UPON
LIMITED PROCEDURES REVIEW
City Council
City of Temecula
Temecula, California
We have applied certain agreed-upon procedures to the accounting records of Western
Communications. Our procedures and findings are noted herein. It is understood that this report is
solely for your information and is not to be referred to or distributed for any purpose to anyone who
is not a member of City Council or management of the City of Temecula, or an employee or
authorized representative of Western Communications. However, if this report is made a matter of
public record, its distribution will not be limited.
Because the procedures we performed do not constitute an examination in accordance with generally
accepted auditing standards, we do not express an opinion on any of the accounts or items referred
to herein. In connection with these procedures, except as noted herein, no matters came to our
attention that caused us to believe that other specified accounts or items should be adjusted.
However, had we performed additional procedures, or had we made an examination of the Financial
statements of Western Commumcations in accordance with generally accepted auditing standards,
other matters miglX have come to our attention that would have been reported to you. This report
relates only to the accounts and items specified herein, and does not extend to the financial statements
of Western Comnmmcations taken as a whole.
Although defalcations and similar irregularities may occasionally be disclosed by this type of
engagement, it is not designed for such purpose and should not be relied upon to disclose fraud,
should any exist.
-1-
OTHER OFFICES AT:
SUMMARY OF PROCEDURES
We applied the following procedures to the accounts and records of Western Communications,
hereinafter referred to as "Western":
1. We compared channel line-ups and cable rates of Western as of September 30, 1992 and
September 1, 1993. (See Schedule 1).
2. We compared the number of channels and cable rates on the City of Temecula with other
selected Southern California cable TV systems. (See Schedule 2).
We compared equipment and im'tallation rates for Western with other selected Southern
California cable systems, and with average rates from a survey of 147 cable systems
compiled by the National Association of Telecommunications Officers and Advisors
(NATOA). (See Schedule 3).
We reviewed FCC Form 393 (as prepared by Western) to determine if the form had been
completed accurately and in accordance with FCC regulations and rate rabies. Our review
included the following procedures:
We agreed key financial and subscriber data on Form 393 to the books and records
of Western. Our procedures included a review of charmel cards, a review of sample
customer bills, vouching of purchase invoices related to the acquisition of remote
controls and converter boxes and a review of Western's worksheets supporting their
computation of the hourly service charge and other charges.
We recomputed and compared the benchmark channel rates as of September 30, 1992
and 1anuary 3, 1994 (the initial date of regulation) with the rates reported on
Form 393.
c. We prepared a comprehensive letter to Western management setting forth questionable
areas in the computation of Form-393. We had various phone conferences with
Western officials regarding these matters.
d. We recomputed the maximum permitted per channel rate and the maximum permitted
rate for the basic service tier (exclusive of any franchise fee).
-2-
SUMMARY OF FINDINGS
On September 30, 1992, according to Worksheet 2 of the original Form 393, Western
offered 36 channels under two tiers for $18.28. Based on our review of the channel card,
Western was actually offering 37 channels at September 30, 1992. Also, the actual price
for both tiers was $18.74, a $0.46 difference. Western "passes through" the County
property tax to subscribers. The FCC Form 393 only permits franchise fees to be passed
through to subscribers. Consequently, the property tax of $0.46 should have been added
back to the basic tier ram. (See Schedule 1).
Accordhag to Worhheet 1 on the original Form 393, Western offered 44 channels under
two tiers for $20.29. However, Western's channel card. which listed 45 channels,
indicated that no programming was available on two channels. Accordingly, our revised
Form 393 reflects 43 channels. Also, the rates on Worksbeet 1 have been adjusted to the
actual rate in effect on the "initial date of regulation" plus the $0.46 property tax
pass-through. (See Schedule 1 and the discussion at paragraph 5 below).
Before adjustments recommended in thin report, the average price per channel for the two
tiers decreased only $.01, or 2.0%, from September 30, 1992 to September 1, 1993.
Schedule 2 presents a comparison of the number of channels and basic cable rates on the
City of Temecula with other selected Southern California Cable TV systems as of
September 1, 1993. The City of Temecula's per channel rate of $0.516 and rate of
$22.19 for 43 channels is reasonable, and is in line with other Southern California cable
systems.
5. In connection with our review of Form 393, we made the following adjustments:
a. Worksheet 1, Line I01:
On Worksheet 1 of the original Form 393, as fried by Western, the Tier Charge for
the Basic Tier was reported as $12.88, and Tier 2 was reported as $7.41. As further
explained below, the Basic Tier mount should have been $11.82, and Tier 2 should
have be~ $10.37.
Under cable regulations issued by the FCC, the "initial date of regulation" is defined
as "the date of local notice that the system is subject to regulation". According to 47
CFR Section 76.922Co)(ii)(c)(2), this date is when the City sends a written notice to
the cable cable operator that it is certified to regulate rates. Generally, the City also
notifies the operator at this time that it has 30 days to complete and forward Form 393
to the City.
On January 3, 1994, the City of Temecula sent notice to Western that it was certified
by the FCC to regulate basic tier rates. On January 26, 1994, Western forwarded
Form 393 to the City of Temecula. The cable rates, number of subscribers, etc. used
on Worksheet 1 of Form 393 should have been as of January 3, 1994.
-3-
SUMMARY OF FINDINGS (CONTINUED)
5. (Cominued):
a. Worksheet 1, Line 101 (Continued):
In reviewing the Form 393 from Western, we noted that the cable rates and number
of subscribers used on Worksheet 1 for the "Initial Date of Regulation" were as of a
date prior to September 1, 1993. Accordingly, in the revised Form 393, as presented
at Schedule 5, the mounts for Worksheet 1 were recomputed using cable rates in
effect on or after September 1, 1993, plus the $0.46 property tax pass-through.
b. Worksheet I, L'me 104/Worksheet 3, Line 301:
On the original Form 393, the amount reported on Worksheet 1, Line 104, was
$46,866, and the amount reported on Worksheet 3, Line 301, was $17,717. These
amounts .should be substantially the same, as explained below.
On November 10, 1993 the FCC issued a "Public Notice" entitled, "Questions and
Answers on Completion of FCC Form 393 and Associated Filing Requirements".
Question No. 7 dear with amounts to be reported on Lines 104 and 301. The answer
to this question stated, in part: "Where operators have restructured equipment rates
as of September 1, 1993....we would anticipate that in most cases, absent special
circumstances, operators will enter on Line 104 the same, or nearly the same, number
on Line 301".
Accordingly, in our revised Form 393, we have used $16,509 at both Line 104 and
301.
c. Worksheet 1, Lines 121 Through t28:
Line 121
The benchmark cable rate is a function of the number of satellites channels in relation
to the total of all channels, utilizing a table developed by the FCC. Based on the
information supplied by Western, at the date of initial regulation, using a total of 43
channels, 28 of which were satellite, the benchmark calculation would have been
$0.524. ~
Line 124
The instructions that accompany the FCC Form 393 calculate the time period factor
as "the number of whole months from September 30, 1992 to the date the cable
operator submits the FCC Form 393 .~ Therefore, this number varies according to the
date of submission of each cable operator's filing. The date of filing was January 26,
1994. The whole months from September 30, 1992 to January 26, 1994 totals 15.
SUMMARY OF FINDINGS (CONTINUED)
5. (Continued)
d. Worksheet 2, Line 220:
Line 220
The benchmark cable rote is a function of the number of satellites channels in relation
to the total of all channels, utilizing a table developed by the FCC. Based on the
information supplied by Western, for September 1992, using a total of 37 channels,
24 of which v~re satellite, the benchmark calculation would have been $0.590.
e. Revisions to Cable Rates:
Based on the adjustments discussed above, and based on our revised Form 393, as
presented at Schedule 5, the ma~im~n permitted rate for the basic service tier should
bc decreased from $11.82 ($11.36 as computed by Western, plus $0.46) to $11.66.
Recommendation: We suggest that the rate for the basic service tier be reduced from
$11.82 to $11.66, retroactive to September 1, 1993. This will result in a rate
reduction of $0.16 per subscriber per month.
f. Equipment a~d Installation Charges:
Noted below is a comparison of the remote control charge, converter box charge and
hourly service charge for the City of Temecula with the National average for 147
cable systems (as published by the National Association of Telecommunicatious
Officers and Advisors, or NATOA) and with certain other Southern California cable
systems.
Charge For
Remote Hourly
~- Control Converter Service
Charge Box Charge
City of Temecula (Western) $ .50 $ 2.55 $ 44.50
NationalI Average ~ .25 2.00 27.14
City of Alhambra (Cencom)
.12 1.65 20.00
City of Costa Mesa (Copicy/Colony) .27
1.70 38.09
South Orange County (Dimension) .16
1.96 24.00
-5-
SUMMARY OF FINDINGS (CONTINUED)
5. (Continued)
f. Equipment and Installation Charges (Continued):
Noted below is a discussion of how Western computed these charges, and our
recommended revisions to the charges, where appropriate.
Remote Control Charge
On Form 393, Schedule C, Western reported a "gross book cost" for remote controls
of $21,703 for 2,725 units, or a cost per nnit of $7.96. This amount appears
reasonable when compared with 1993 purchase invoices for remote controls. (During
1993, a large number of units were purchased at a unit price of $7.00, plus sales tax
and freight.)
However, in our opinion, the depreciation charge on the remote controls was not
reasonable. The annual depreciation charge on Schedule C was $10,852, or exactly
one-half of the total costs of acquisition. This means that Western has depreciated the
reinores over two years. An official of Western advised us that the reinores normally
are depreciated over five years. A five-year life appears reasonable. Accordingly,
in our recomputed Form 393 at Schedule 5, we have used a depreciable life of five
years. and a depreciation charge of $4,341.
Also, on Form 393, Part 117, Step C, Line 9, our review indicated that the number of
maintenance and service hom's related to the remote controls should be 104 hours,
rather than 124 hours. (See Schedule 4).
As a remit of these adjustments, we recommend that the charge for a remote control
be decreased from $0.50 to $0.32.
Converter Box Charge
On Form 393, Schedule C, Western reported a "gross book cost" for converter boxes
of $389,983 for 2,725 units, or a cost per unit of $143.11. A unit price of $143.11
appears excessive when compared with 1993 purchase invoices. (During 1993, most
converter boxes were purchased at prices ranging from $116.00 to $120.00, including
sales tax and freight.) Also, an official at Western advised us that converter boxes
normally are depreciated over 10 years. Accordingly, we made the following
adjustments to Schedule C:
-6-
SUMMARY OF FINDINGS (CONTINUED)
5. (Continued)
f. Converter Box Charge (Continued):
Accumulated Net Book
Cost Depreciation Value
ROI Current
(At 11.25 %) Depreciation
As Originally
Reported $ 389,983 $ 72,239 $ 317,744 $ 35,746 $ 34,981
(18.5%)
327,000 60,495 266,505 29,982 32,700
(18.5%)
As Adjusted
(2,725 units
at $120.00)
Also, on Form 393, Part II't, Step D, Line 16, our review indicated that the number
of maintenance and service hours related to the converter boxes should be 312 hours
rather than 373 horus. (See Schedule 4).
As a remit of these adjustments, we recommend that the charge for a converter box
be decreased from $2.55 to $2.34.
Hourly Service Charge
The hou~y service charge was computed in the following manner by Western:
Annual Costs for Maintenance
and Installation
$129,657
Total Labor Hours
2,912
Hourly Service Charge $ 44.52
In reviewing this calculation, the number of labor hours appeared to be low based on
a subscriber count of 8,656. (Please noted that an increase in the number of labor
hours would cause a decrease in the hourly service charge.) Upon investigation, we
were informed by Western management that Inland Valley Cablevision charges
customers only for time that the installation personnel are at the customer's home
performing the installation, Travel time and other "overhead" type hours are not
included. By contrast, most other cable operators compute the hourly rate, and charge
customers, based on an "average cost method" which includes travel and other
overhead hours. Also, many other cable operators have a separate "trip charge" in
addition to their standard installation charges. (See Schedule 3). If, in fact, Western
is charging customers only for hours spent at the customer's home, and not for travel
and preparation time, then we agree that the $44.52 rate per hour is reasonable.
However, the scope of this engagement did not include a review of actual time charges
included on the bills to Temecula subscribers.
-7-
SUPPORTING SCFI'F~DUI,F,~I
SCHEDULE 1
CITY OF TEMECULA
COMPARISON OF CHANNEL LINE-UPS AND CABLE RATES
AS OF SEPTEMBER 30, 1992 AND SEPTEMBER 1, 1993
Descri~3tion
Seotember 30. 1992 September 1. 1993
C..hannels Pricin~ Channels Pricing
Txer 1:
Total channels 14 $ 12.31 23 $ 11.82
Price per channel 0.879 0.513
Txer 2:
Total channels 23 6.43 20 10.37
Price per ch.nnel 0.279 0.518
Totals for
Tier 1 and
Tier 2:
Total Channels 37 $ 18.74 43 $ 22.19
Price Per Channel
$ 0.506 $ 0.516
Unaudited; see rodependent accountants' report. on agreed-upon limited procedures review.
-8-
SCHEDULE 2
COMPARISON OF CABLE TV RATES FOR VARIOUS
SOUTHERN CALIFORNIA CITIES
AS OF SEPTEMBER 1, 1993
Basic Tier Second Tier
Number Rate Basic Number Rate CPS
City of Per Service of Per Service
(Cable Operator) Channels Channel Rate Channels Channel Rate
City of Temecula
(Inland Valley) 23 $ .513 $ 11,82 20 $ .518 $ 10.37
National Avenge 20 .551 11.09
City of Alhambra
(Crown- Cencom)
29 .456 13.23 25 .456 11.40
City of Brea
(Century) 36 .715 25.75 6 .568 3.41
City of Buena Park
(Comcast) 33 .293 9.66 19 .750 14.26
City of Garden Grove
(Paragon)
City of Lakewood
(Colony) 33 .349 11.52 26 .349 9.07
City of Long Beach
(CVI) 26 .537 13.95 18 .425 7.65
City of Orange
(Cablevision) 21 .534 11.20 20 .534 10.70
City of Paramount
(Continental) 21 .406 8.53 27 .505 13.64
South Orange County
(Dimension) 28 .523 14.64 16 .506 8.10
City of Yorba Linda
(Jones Spacelink)
33 .423 13.96 20 .450 8.99
Unaudite~; see independent accountants' report on agreed-upon limited procedures review.
-9-
SCHEDULE 2
COMPARISON OF CABLE TV RATES FOR VARIOUS
SOUTHERN CALIFORNIA CITIES
(CONTINUED)
AS OF SEPTEMBER 1, 1993
Total - Both Tiers
Number Rate Basic
City of Per Plus CPS
(Cable Operator) Channels Channel Rate
City of Temecula
(Inland Valley)
National Average
City of Alhambra
(Crown - Cencom)
43 $ .516
$ 22.19
54 .456 24.63
City of Brea
(Century) 42 .694 29.16
City of Buena Park
(Comcast) 52 .395 23.92
City of Garden Grove
(Paragon) 62 .343 21.25
City ofLakew~od
(Colony) 59 .349 20.59
City of Long Beach
(CVI) 44 .491 21.60
City of Orange
(Cablevision) 41 .534 21.90
City of Paramount
(Contmental) 48 .462 22.17
South Orange County
(Dimemion) 44 .517 22.74
53 .433 22.95
City of Yorba Linda
(Jones Spacelink)
Unaudited: see independent accounmnm' report on agreed-upon limited procedures review.
-t0-
SCHEDULE 3
CITY OF TEMECULA
COMPARISON OF EQUIPMENT AND INSTALLATION RATES FOR THE
CITY OF TEMECULA WITH OTHER CABLE TV SYSTEMS
AS OF SEPTEMBER 1, 1993
Descrimtion
Equipment
Charges:
City of Temecula City of Lakev~od South Orange
(Inland Valley) (Copier/Colony) County (Dimetalon)
Hours Amount Hours Amount Hours Amount __
Amoun[s
From National
Survev (Note 1~
Average
Hours Amount
Remote control $ .50 $ .19 $ .16
Converter boxes 2.55 1.38 1.96
$ .25
2.00
Installation
Charges:
Hourly service
charge 44.50 31.4~. 24.00
27.14
Unwircd Home -
Initial
Installation:
· Aerial 1.0 44.50 1.3 39.30 1.43 34.34
· Underground 2.33 73.25
1.56 39.96
(Note 2)
Prewimd Home .67 29.82 1.0 31.44 .60 14.72 .92 23.29
Additional
Outlets:
· With initial
installation .25 11.13 .8 26.09 .25 9.81 .55 14.01
· Separate
installation .50 22.25 1.0 31.44 .55 13.08 .88 22.43
Other Charges:
Charge for
changing tiers 1.99 2.00 I7.38
Trip charge 26.09 (Note 2)
Note 1: These hours and dollar amounts are "averages" from a national survey of 147 cable
system. The amount were compiled by the National Association of Telecommunications
Officers and Advisors (NATOA).
Note 2: This information was not available in NATOA~s survey.
Unaudited; see independent accountants' report on agreed-upon limited procedures review.
-t1-
SCHEDULE 4
CITY OF TEMECULA
MAINTENANCE AND REPAIR HOURS
31INE 30, 1993
INIAND V,,~r r ~ CABr, EV~XON
slf. a-SC~D-EC~tlIPM!~T
Unaudked: see mcicpcndcnt accountants' mpon on a~fced-upon limited procedures review.
-t2-
SCHEDULE 5
CITY OF TEMECULA
FORM 393, AS REVISED BY DIEm,, EVANS AND COMPANY
tUNAUDITED)
FILE NAME l:\1994~ACCT~f8789FCLWKI
FCC ~9~ - PART I
REQUEST FOR CABLE RATE APPROVAL
COVER SHEET
Community Unit Identification Code
CA
Name of Cable Operator
INLAND V,~,I.I_Ey CABLEVISION
Mailing Address
Date: 21 -- Sep - 94
City State ZIP Code
Person to contact regarding this form
Telephone Fax Number
Local Franchising Authority
CITY' OF TEMECULA
Mailing Address
City ~e ZIP Code
This form is being filed with respect to:
~ basic rate regulation
~'~ cable programming ~ervice rate regulation
If this form is being filed in response to a complaint about your cable programming service rate~, please attach a copy of the
complaint to this cover sheet.
The following sections are to be completed after you have filled out the worksheets in PARTS H and III and calcuhted
your actual and permitted rate~,
FOR BASIC SERVICE TIER AND EQUIPMENT
Promam Service Rate
(1) Number of channels in basic service tier
(2) Current rate for basic service tier: (do not include any franchise fees)
(3) Maximum permitted per channel rate: (from Line 600, Part II)
(4) Maximum permitted rate for basic service tier (exclnsive of any fnnchise fee):
(multiply (1) by (3) above)
23
$11.82
$0.507
$11.66
:.' Note: If your current rate for the basic service tier (entry 2) exceeds the maximum permitted rate for that tier (entry 4), you
must submit a cost-of-service shov.~ng or your basic service rate will be reduced to the mal~num permitted level shown in
entry 4.
Franchise fees have been excluded from this analysis in order to compare your monthly rate for the
basic service tier to the roaMmum permitted level. whether you itemize them or not, any franchise
fees you pay for the basic service tier should be added to your monthly rate as part of the service
when billing your subscribers. See 47 C.F.R. Section 76,985.
EQUIPMENT AND INSTALLATION RATES
Note: Your equipment and installation rates for the basic service tier must not be included in your program service rate for thai
tier, but rather must be completely unbundled. In addition, those equipment and installation rates must not exceed your act
cos~ including a reasonable profit. The method for unbundiing your equipment and instalhtion rate~ from the basic service
programming rate, (if necessary), and for determining your permitted equipment and installation rates, is prescribed in PART II,
(unbundling) and PART III (rate-setting) of this form. Enter in the spaces below the rate figures you have calculated in PART III
of this form. Your actual basic service equipment and installation charges may not exceed these rates, although they may be lover.
(1) Charges for basic service installations* (from Lines
6 or 7 of Equipment and lnstaRation Worksbeet)
(a) Hourly rate OR
(b) Average installation charges:
1. Instalintion of unwired homes
2. Instalhtionofprewiredhomes
3. Instalhtion of additional connetion at time of
initial installation
4. Instalhtion of additional connections
requiring separate installntion
5. Other installations (specify)
TRIP CHARGE
NEW INSTALL-UNDERGROUND
Item 3
(2) Charge-for-changing tier~ (i/any) (from Line 29,
30,or 31 of Equipment and InstaBation Worksheet)
(3) Monthly charge for lease of remote centrots (from
Line 21 in Equipment and Installation Worksheet)
Remote control type 1:
Remote control type 2:
Remote control type 3:
(4) Monthly charge for lease of converter boxes ( from
Line 14 in Equipment and Installation Work~heet,J
Converter box type 1: :
Converter box type 2:
Converter box type 3:
Monthly charge for lease of other equipment (from
Line 28 in Equipment and Installation WorksheeO
Other equipment (specify)
Other 2:
AU ttjAL
$44.50 $44.52
$44.50 $'!,~.52
$29.82 $29.83
FERMi t t I:D RECOMMENDED
$44.50
$44.50
$29,82
$11.13 $11,13 $11,13
$0.00 $O.OOJ $0.00
$0.0o $0.00 $0.oo
$o.00 $0.00 $0.oC
$0.50 $0,32 $0,32
$2.55 1 $2.34
$2.34
* If you have further charges for additional connections beyond those reflected in your installation charge, attach a sheet
explaining your calculations and setting forth those additional charges. SEE Note to Equipment and Installation Worksheet
insffuctions in PART HI of this form.
FCC FORM 393 - PART III
WORKSHEET FOR CALCULATING EQUIPMENT AND INSTALLATION CHARGES
Cable Operator Name:
Community Unit ID (CUID):
INLAND VALLEY CABLEVISION
Franchise Authority:
Date: 21 -Sep-94
CITY OF TEMECULA
Line 1.
Line 2.
'Line 3.
line 4.
Line 5.
Step A. Hourly Service Charge
Annual cost of maintenance and installation of cable radiides
and Services (exclude purchase cost of consumer equipment)
(Bixt 1 ofSchedulnA + Bc~t 2 of,Schedule B)
Customer equipment and installation perenrage (atttch explanation)
Annual customer equipment maintennn~e and installation costs,
ctcluding cost of leased equipment (line 1 x Line 2)
Total labor hours for muintcn=nce and installntion of customer
equipment and snrvic= (attach explanation)
Hourly service charge (HSC) (Line 3/l=ine 4)
$193,517
67.0%
$129,657
2,912
$44.62
Line 6.
OR
Line 7,
Step B. Installation charge
Uniform HSC for all insta|ladons (insert amount from Line 5)
Average charge for instillsdon type
(See schedule D for aventSe installation charge calculations)
a. Unwired home installation (Schedule D, Line
b. Prewired home insUllation(Schedule D, Line2.b)
c. Additional COnnection installation at time of initial installation
(Schedule D, Line c.2)
d. Additional COnnection installation requiring sepnrntn instaRation
(Schedule D, Line eL2)
c. Other instailations (speulf~. (Schedule D, Line
Item 1 Unwircd home instatlation underground
Item 2
Item 3
$44.52
Step C. Charges for Licensed Remotes
(Calculate separately for each significant different type and attach additional sheets as necessary)
Line 8. Annul capital costs (Col. J of Schedule C)
Line 9. Total maintenance/service hours (attach ~xpianation)
Line 10. Total maintenance/set;vice COst (Line 5 x Line 9)
Line 11, Total coSt Of remote (Line 8 + Line
Line 12, Number of uuits in service (Col. I of Schedule C)
Line 13. Unit cost (Uae 3. Z/Line 12)
Line 14, Rate per month (Line 13/12 months)
Remote 1 I Remote 2
5,766 t 0
1041 0
4,631 I 0
10,3961 0
2,7251 0
3.8151 0.000
0.3181 0
FCG FORM 393 - PART III, Page 2
Step D. Charges for Leased Converter Boxes
tlculate separatley for each significantly differnet type and attach additional sheets as necessary)
Line 15.
Line 16.
Line 17.
Line 18.
Line 19.
Line 20
Line 21
Annual capital costs (Cot. J of Schedule C)
Total maintenance/serv~c~ hours (attach explanation)
Total maintenance/s~rvice cost (Line J x Line
Total cost of converter bc~ (Line 15 4- Line 17)
Number of units in serene (Co[. I of Schedule C)
Unit cost (Line 18/line
Rate per month (Line 20/12 months)
Type 1
62,682
312!
13,892
76,574
2,725
28.100
Type 2
0t
01
01
Line 22.
Line 23.
Line 24..
Line 25,
Line 26.
Line 27.
Line 28.
Step E. Chnrgee for Other Leased Equipment
Annual capital costs (Col. J of Schedule C)
Total maintenance/service hours (attach explanation)
Total maintenance/service cost (Line 5 x Line
Total cost of converter boa (Line 22 + Line
N umber of units in serene or # of subs. (Col. I of Schedn le C)
Unit cost (Line 25/Line 26)
Rate per month (Line 27/12 months)
01 o
0J o
ol o
O) 0
Step F. Charges for Changing Service Tiem or Equipment
'he 29. Nomlnui cb~r~c for chingin8 service dcrs OR
,he 30. Uniform HSC for changing service liers (Line 5) OR
ILine31, Av~.char~eforchangingsemcetiers(Lin¢5:tAv~.hountochanSetiers)
Step G, Franchise Area Monthly Equipment and Installation Costs for Adjustment of Regus.lted Service
Line 32.
Line33.
Line34.
Annual customer equipment and installation costs (Line 3 +Bca 3 o{ Scbed. C)
Adjustment o[ Line 32 to franchise area level: See instructions
Attach explanation of adjustment method.
Monthly equipment and instaltation ccet (Line 33/12 months),
Enter on Worksheet J, Line 301.
198,104
1 198,104
16,509
FCC FORM 393 - PART III
SCHEDULE D
AVERAGE INSTALLATION CHARGES
C~ble Operator Name:
INLAND VALLEY CABLEVISION
Franchise Authority:,
CITY OF TEMECULA
Community Unit ID (CURD):
Date: 21 -Sep-94
This form is being filed for: Basic Tier
Cable Programming Service
Unwired Home installation:
1. Average Hours per Installation (attach explanation)
2. Unwired Home instalation Charge (Line a.1 x HSC)
Prewired Home Installation:
1. Average Hours per Installation (attach explanation)
2. Prewirad Home instalal~on Charge (Line b.1 x HSC)
Additional Connection Installation at Time of Initial installation:
1. Average Hours per Additional Connection (attach explanation)
2. Additional Connection-Initial Instalation Charge (Line c.1 x HSC)
Additional Connection Installation al~er Initial Installation:
1, Average Hours per Additional Connection (attach explanaiton)
2. Additional Connection-Separate Instalation Charge (Line d.1 x HSC)
Other Installation (by Item Type):
Unwired Home Installation:
1. Average Hours per Additional Installation (attach explanation)
2. Item I Instalation Charge (Line e.1 x HSC)
Trip Charge
3, Average Hours per Additional installation (attach explanation)
4. Item 2 Instalation Charge (Line e.3 x HSC)
5. Average Hours per Additional Installation (at~,ach explanation)
6. Item 3 Instalation Charge (Line e.5 x HSC)
7. Average Hours per Additional Installation (attach explanation)
8. Item 4 Instalation Charge (Line e.7 x HSC)
Note: For HSC (Hourly Service Charge) use amount from Line 5 o[ the Worksheet for Calculating
Equipment ~nxt Installation Clargcs (Page 25 of FCC Form 393).
0.67
29.83
0,25
11,13
0.50
22.26
0.00
0.00
0.0
0.00
0.0
0.00
FILENAME h\1994.xACCTG\88789fc3
FCC FORM 393 - PART III
SCHEDULE A
CAPITAL COSTS OF SERVICE INSTALLATION & MAINTENANCE OF EQUIPMENT
A B C
F.~nipment Gross Book A~cum
Depr
Vehicles 30,022 16.208
Tooh 6,308 2,614
Maintenance
Facility 59,.7.~ 12,022
Drop~
Other 591,480 193365
TOTAL 687.092 2242.09
11.25% G
Taxes H
D E F Federal State Current i
Deferred Net Book Return on Income Income Provision for Total
T~txes B-(C+D) lnvestmcnl Tax Tax Depreciation (add
0 ~ 13,814 1,554 0 0 5,752 I 7,306
3,69~ 416 631 ~ 1.047
0
0 47,260 5,317 0 0 3,100 8.417
0
398,115 44,788 56,194 100,982
0 462,883 52,074 0 0 65,677 117,751
Box I
SCHEDULE B
ANNUAL OPERATING EXPENSES FOR SERVICE INSTALLATION & MAINTENANCE OF EQUIPMENT
(F. zciuding Depreciation)
3 4,64'/q
Utilitie~ [ Other Tu~ Other insu~ Other ~ TOT7A~5,7
2,0811 1,313~ 182j 0j 66
B~x 9
A B C
Equipment Gro~s Book Aceurn
Depr
Remote 1 21.703 9,038
Remote 2
Rcmotc 3
Cony. Bent 1 L 327.000 ~ 60.495
Cony. Box2(
Conv, Box 3~
Other
Other
TOTAL 348,703
69,333
SCHEDULE C
CAPITAL COSTS OF LEASED CUSTOMER EQUIPMENT
Taxes
D E F Federal State
Deferred Net Book Return on Incom~ Income
Taxes B-(C+D) Investmenl Tax Tax
0 12,665 1,425 0
0 266.505 } 29,982 0
0 279,170 ~ 31,407 I
H I
Current Total # J
Provision for of units Total
Depreciation in servic~ (add F,G,H)
4a41 I 2,72~ I 5,76~
32,700 ~ 2,725 ~ 62.682
I o
~ o
37,o4x ] 5,4~o $ e8.448
Box 3
LAW OFFICES
BURKE, WILLIAMS & SORENSEN
3200 PARK CENTER DRIVE
SUITE 7SO
COSTA Mi;SA, CALIFORNIA ~2626
(714) 546-5659
TELECOPIER: (714) 756-5648
September 29, 1994
Mayor Ron Roberrs
and Members of the City Council
CITY OF TEMECULA
43174 Business Park Drive
Temecula, CA 92590
Re: Cable Television Rates for Basic Service Tier and
Associated Equipment of Inland Valley Cablevision
Dear Mayor Roberts and City Councilmembers:
In 1992, Congress enacted the Cable Television Consumer
Protection and Competition Act of 1992 (the "1992 Cable Act"). One
of the principal objectives of the 1992 Cable Act was to regulate
cable television rates, which had risen significantly since
Congress had deregulated cable rates pursuant in 1984.
In order to implement the 1992 Cable Act, the Federal
Communications Commission (FCC) adopted regulations establishing a
"benchmark" system of rate regulation. These initial rate
regulations were contained in the FCC's April 1993 First Report and
Order, which went into effect on September 1, 1993.
Temecula's cable operator, Inland Valley Cablevision,
like all other cable operators throughout the nation, instituted a
new rate structure on September 1, 1993 in order to comply with the
FCC's benchmark rates. Inland Valley Cablevision also filed a rate
regulation form with the City, known as the Form 393, so that the
City could independently determine if Inland Valley Cablevision's
rates complied with the FCC regulations.
The benchmark rates represents the rates a cable operator
would charge if it were subject to "effective competition." The
benchmark system was derived from a nation-wide rate survey the FCC
conducted as September 30, 1992. Based on the survey, the FCC
concluded that cable rates should be reduced by 10% from their
September 30, 1992 levels to account for a lack of effective
competition in the cable television industry.
ORANGE: 1535.1
September 29, 1994
Page 2
Burke, Williams & Sorensen, with consulting services from
the accounting firm of Diehl, Evans, has reviewed the cable
television rates contained in Inland Valley's Form 393. The Report
of Diehl, Evans is attached.
It is our conclusion that Inland Valley Cablevision's
rates in Temecula are in excess of the rates permitted pursuant to
FCC Regulations, and that a refund is in order. Consequently, it
is recommended that the City Council adopt the enclosed Resolution
entitled:
"A Resolution of the City Council of the City
of Temecula Disapproving the Cable Television
Rates for Basic Service Tier and Associated
Equipment of Inland valley Cablevision, and
Ordering a Refund for Excessive Rates."
The principal effect of this Resolution is to reduce
basic tier cable rates. This means that as a result of rate
regulation, since September 30, 1992 basic tier rates have been
reduced from $12.31 for 14 channels to $11.66 for 23 channels.
I. Backaround
Under the 1992 Cable Act, cities are authorized to
regulate "basic tier" rates, along with installation and equipment
charges. The "basic tier" of cable service includes all broadcast
television channels, any public, educational and governmental
channels required by the franchise and any other channels the
operator choose to carry on the basic tier. Each cable operator is
required to offer the basic tier of service. Cable operators may
not require ~ubscription to any other tier as a condition of
receiving programming offered on a per channel or pay-per-view
basis.
The 1992 Cable Act further permits subscribers and cities
to file complaints with the FCC if they believe rates for the
second service tier (known as the cable programming service or
"CPS" tier) are unreasonable. The CPS tier typically includes most
satellite channels, like CNN, WTBS and Prime Ticket, but excludes
premium and pay-per-view channels.
September 29, 1994
Page 3
Once Temecula became certified to regulate rates, Inland
Valley Cablevision was required to file a rate schedule with the
City -- known as a Form 393 -- to obtain City approval of its basic
tier rates. Essentially, the Form 393 takes the operator through
two steps to establish maximum rates for the basic service tier and
for equipment and installation charges.
First, the maximum rates for equipment and installation
are determined based upon actual cost plus a reasonable profit.
These maximum rates are established by determining the capital
costs and expenses associated with each type of equipment (e.g.
converter boxes, remote controls) and service (e.g., installation
for unwired and prewired homes).
In particular, an "hourly service charge" is determined.
The hourly service charge represents the cable operator's hourly
labor rate for performing the various types of installations. For
example, if the hourly service charge is $27.14 (the national
average) and its takes 1.25 hours to install service at a prewired
home, then the maximum service charge for installing service at a
prewired house is 1.25 x $27.14 = $33.93.
Second, maximum basic service tier rates as established.
The Form 393 is designed to squeeze out "monopoly profits" from
subscriber rates. To do this , the Form 393 uses a series of
worksheets to determine if rates need to be reduced, and by how
much. Three factors are used to determine benchmark rates: number
of subscribers, number of channels, and number of satellite
signals. Then, if the actual cable rates are below the benchmark
rates, the current rates become the maximum regulated rates,
whichever is less.
Mor& recently, the FCC has replaced the Form393 with the
Form 1200. This new form was a result of the FCC's March 30, 1994,
Second Report and Order, in which the FCC concluded that its
original determination that rates should be reduced by an average
of 10% was insufficient, and that rates actually should be reduced
by approximately 17%. Accordingly, the FCC issued a new Form 1200
and a new set of rate regulations. These regulations went into
effect on July 14, 1994, and on that same date, Inland Valley
Cablevision, like cable operators throughout the nation, readjusted
its rates.
ORANGE: 1535.1
September 29, 1994
Page 4
However, instead of setting benchmark rates, Inland chose
the option of basing its maximum permitted rate on a cost-of-
service showing. The FCC also adopted on March 30, 1994 cost-of-
service rate regulations to provide a "safety valve" to cable
operators ensuring them compensatory rates if their benchmark rates
were too low. The cost-of-service standards were issued as interim
regulations pending the outcome of a cost study currently underway
at the FCC. Only the cable operator, not the FCC or the City can
decide, whether to undertake a cost-of-service showing. Cost-of-
service showings must be submitted on FCC Form 1220. Inland
submitted its Form 1220 to the City on August 15, 1994.
A very brief summary of the impact of rate regulation on
Temecula is attached. A more detailed explanation of our review of
Inland Valley Cablevision's Form 393 is set forth below.
II. Review of Inland Vallev Cablevision's Form 393
The Diehl, Evans review of Inland Valley Cablevision's
Form 393 disclosed several material errors in setting the maximum
basic tier and equipment and installation rates. In summary,
Diehl, Evans found as follows:
1. Basic Tier Rates. On September 30, 1992, Inland
offered two service tiers subject to regulation: the basic tier
comprising 14 channels, and the CPS tier comprising 23 channels.
At that time, Inland charged $12.31 for 14 channels of basic tier
service and $18.74 for 37 channels of Basic/CPS service. (These
rates include a $0.46 pass-through charge for the possessory
interest tax.)
on September 1, 1993, Inland retiered in response to rate
regulation, offering 23 basic tier channels and 20 CPS tier
channels. Concurrently, Inland modified its rates to charge $11.82
for basic tier service and $22.19 for basic/CPS service.
Subsequently, Inland filed its Form 393, claiming a maximum
permitted rate for basic tier service of $11.87. (All of these
rates include the $0.46 pass through.)
Diehl, Evans' analysis concludes that Inland's Form 393
contains a number of material errors. Consequently, it is
recommended that the maximum basdic service tier rate should be
reduced to $11.66 for 23 channels or $0.507. This amounts to a
refund to basic service tier subscribers of $0.16 per month.
September 29, 1994
Page 5
2. Equipment and Installation Rates. FCC Regulations
set the maximum equipment and installation rates at the lesser of
the maximum permitted rate according to the Form 393 or the actual
rate. In this case, Inland's equipment rental rates exceed its
permitted rates.
Specifically, Inland's equipment and installation rate
schedule will be adjusted as follows:
Permitted A c t u a i Lower of
Rate Rate Actual or
Permitted
Rate
Hourly Rate $44.52 $44,50 $44.50
Installation of unwired 44.52 44.50 44.50
homes
Installation of prewired 29.83 29.82 29.82
homes
Installation of
additional connection at
time of initial
11.13 11.13 11.13
Installation of 22.26
additional connections as
separate installation
New install underground 0.00
Trip cha~ge 0.00
Charge for changing tiers 0.00
Monthly charge for lease 0.32
of remote control
22.25 22.25
0.00 0.00
0.00 0.00
0.00 0.00
0.50 0.32
Monthly charge
converter box
of 2.34
2.55 2.34
ORANGE: 1535.1
September 29, 1994
Page 6
III. Recommendation
Our recommendation on implementing our review of the Form
393 have two components: Establishing Maximum Rates and Refunds.
1. Establishing Maximum Rates. The basic service tier
rate for the period from September l, 1993 through July 14, 1994
should be reduced from the then current rate of $11.82 per month to
$11.66 per month, and a refund should be ordered. This should be
implemented thirty (30) days after the City Council establishes the
maximum rate.
The maximum equipment and service charges should be set
at the lower of the permitted and actual rates.
2. Refunds. FCC Regulations provide that the City may
not order refunds for more than one year retroactively.
Consequently, if a city is to order any refunds for the full period
between September l, 1993 through July 14, 1994, it is required to
act by September 1, 1994. Unfortunately, in order to complete our
review of Inland's rates, several document requests were necessary,
delaying completion of the review. Consequently, refund liability
is from October 11, 1993 through July 14, 1994.
In this case, Inland was overcharging on its basic rates
by $0.16 per month. Consequently, for the period from October 11,
1993, through July 15, 1994, each basic tier subscriber will be
refunded or credited approximately $1.44, which will be
approximately $13,131.36 for 9,119 subscribers for 9 months.
In addition, Inland was overcharging on remote controls
and converter~ boxes by $0.21 and $0.18 per month, respectively.
Consequently, basic subscribers who also leased a remote control
and converter will receive an additional refund or credit of $3.51.
Further, the FCC regulates rates for the CPS tier. This
same analysi~ indicates a $0.23 per month overcharge for CPS
service. The Resolution directs the City Manager to bring this
discrepancy to the attention of the FCC.
Finally, FCC Regulations also specify certain procedures
for ordering rate refunds. Accordingly, the recommended refund
order directs Inland to take the following steps within thirty days
after Council action:
September 29,
Page 7
1994
Inland may make refunds:
(i) By refunding overcharges to those subscribers
who actually paid the overcharges; or
(ii) By means of a specifically identified, one-
time credit on prospective bills.
Refunds shall include interest computed at
applicable rates published by the Internal. Revenue
Service for tax refunds and additional tax
payments.
When the City orders a cable operator to pay
refunds to subscribers, it also must return to the
operator that portion of the franchise fee that was
paid on the total amount of the refund to
subscribers. The City must promptly return the
franchise fee overcharge either in an immediate
lump sum payment, or Inland may deduct it from
future franchise fee pa!nnents.
In conclusion, the FCC Regulations require that the City
Council conduct a public hearing at which Inland may testify before
any of the above actions are taken. I will be available at that
public hearing to answer any questions the City Council may have.
Very truly yours,
CC:
Peter Thorson, City Attorney
William Morgan, CPA
SCOTT F.
of BURKE,
FIELD
WILLIAMS & SORENSEN
ORANCE: 1535.1
ITEM 3 1
APPROV
CITY ATTORNEY~/~
FINANCE OFFICE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: ~8hawn D. Nelson, Director of Community Services
DATE: November 15, 1994
SUBJECT: Nondisposal Facility Element
PREPARED BY: ,~J~/Phyllis L. Ruse, Senior Management Analyst
DISCUSSION:
That the City Council adopt a Resolution entitled:
RESOLUTION NO. 94-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING THE NONDISPOSAL FACILITY ELEMENT
AS PRESCRIBED BY THE CALIFORNIA INTEGRATED WASTE
MANAGEMENT ACT OF 1989
DISCUSSION:
On December 14, 1993, the City Council adopted the Source Reduction and Recycling
Element (SRRE) and the Household Hazardous Waste Element (HHWE) as required by the
California Integrated Waste Management Act of 1989 (AB 939). Since that date, the
California Legislature has passed additional legislation regarding the handling of municipal solid
waste and requiring that local jurisdictions complete and file various documents and reports
with the California Integrated Waste Management Board (CIWMB). One such piece of
legislation is AB 3001 (1992) which requires that each jurisdictions submit a Nondisposal
Facility Element (NDFE).
The purpose of the NDFE is to identify those nondisposal facilities which are necessary for
implementation of the City's SRRE. Such facilities are material recovery facilities, transfer
stations, large-scale cornposting facilities and other waste processing or recycling facilities
which require a solid waste facility permit. The NDFE is to identify existing facilities and
planned or anticipated facilities that the City may use in order to meet the waste reduction
mandates of 25% in 1995 and 50% in 2000,
The City's NDFE has been prepared by staff from Western Riverside Council of Governments
in cooperation with City staff and the City's franchised hauler, CR&R, Incorporated. It
identifies no nondisposal facilities within the City of Temecula and five existing or proposed
nondisposal facilities located outside the jurisdication that will or may be used to meet the
Cit¥'s diversion requirements. The specified facilities are Recyc, Inc., O.M. Scott and Sons
Company, the Perris Transfer Station/Material Recovery Facility, the Mid-County Transfer
Station/Material Recovery Facility, and the Murrieta Transfer Stati on/Material Recovery Facility.
Recyc and O.M. Scott and Sons are currently existing green waste composting facilities. The
Perris facility is permitted, but not yet under construction. The Mid-County and Murrieta
facilities are contingent facilities which may or may not be constructed if the Perris facility
moves forward.
The California Integrated Waste Management Board will use the NDFEs as a planning tool.
It is envisioned that they may be used in making siting and permitting decisions. The CIWMB
may also be usa them to help jurisdictions identify deficiencies and remedies in reaching their
diversion goals. In no case is the NDFE to be used by the CIWMB to determine a City's
compliance with AB 939. The adopted NDFE will be submitted to the CIWMB with and
become a part of the City's SRRE and HHWE by December 31, 1994, as required.
The NDFE is not subject to the environmental review re~luirements of the California
Environmental Quality Act (CEQA) (PRC Section 41735 [a}). The City's NDFE has been
submitted to the Riverside County Solid Waste Local Task Force for review and comment, as
re~luired by statue. This public hearing has been noticed in accordance with law and the
document has been on file with the City Clerk for public review.
FISCAL IMPACT: None
RFSOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADOPTING THT~ NONDISPOSAL
FACTLITY FJ ,~IENT AS PPl~-qCRIBED BY T!tF,
CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT
OF 1989
WWF~REAS, Public Resources Code Scction 41730 et. scq. requires each city and county
to prepare and adopt a Nondisposal Facility Element (NDFE) for all new and existing
nondisposal facilities which will bc n__,3~_ed to implement local Source Reduction and Rccycling
Elements; and
WHEREAS, Public Resources Code Section 41730 (a) and Co) requires cach city and
county to submit their NDFE to the Local Integrated Waste Management Task Force for review
and comment prior to adoption by the City Council; and
WHEREAS, Public Resources Code Sections 41730, 41731, and 41791.5 state that the
NDFE is to be submitted to the California Integrated Waste Management Board for review and
approval following Local Task Force and City Council adoption.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
RESOLVE, DETER_MINE AND ORDER AS FOLLOWS:
Section 1. That the City of Temecula has developed an NDFE which includes all
permitted nondisposal facilities curren~y utilized or anticipated for use in the future by the City.
Section 2. That the City of Temecula's NDFE has been reviewed by the Riverside
County Solid Waste Local Task Force.
Section 3. That the City Council of the City of Temecula approves the NDFE and
agrees to submit it to the State of California Integrated Waste Management Board for review and
approval.
Section 4. The City Clerk shall certify to the passage and adoption of the Resolution.
DRAFT
CITY OF TEMECULA
NONDISPOSAL FACILITY ELEMi~NT
OCTOBER, 1~)4
Prepar~l by:
Western Riverside Council of Governments
3737 Main St. Ste 420
Riverside, CA 92501
Telephone (909) 787-7985
CITY OF TEMECULA NONDISPOSAL FACILITY FJ~EIV[ENT
TABL~ OF CONTENTS
Introduction
Def'mition
Background
Description of Nondisposal Facilities
Attachment A -
Table A - 1
Attachment B -
Table B - 1
Table B - 2
Table B - 3
Table B - 4
Table B - 5
Attachment C -
Table C - 1
Attachment D
Table D - 1
DRAFT
Page
1
1
1
2
Nondisposal Facilities Located Wi{hln the Jurisdiction With At Least
Five Percent Diversion Rate
This table is blank at this time because none could be identified.
Nondisposal Facilities Located Outside the Jurisdiction With At Least
Five Percent Diversion Rate
Mid-County Transfer Station/Materials Recovery Facility (Contingent)
O~M. Scott and Sons Company, Riverside County Regional Composting
Facility (Existing)
Recyc, Inc. (Existing)
Murrieta Transfer Station/Materials Recovery Facility (Contingent)
Pen'is Transfer Station/Materials Recovery Facility (Permitted but Not
Constructed)
Nondisposal Facilities Located Inside the Jurisdiction With Less Than
a Five Percent Diversion Rate
This table is blank at this time because none could be identified.
Nondlsposal Facilities Located Outside the Jurisdiction With Less
Than a Five Percent Diversion Rate
This table is blank at this time because none could be identified.
APPENDICES:
Appendix 1:
Appendix 2:
Riverside County Local Task Force NDFE Comments
City Council NDFE Approval and Resolution
I)RAFr
DRAFT
DRAFT
CITY OF TEMECULA NONDISPOSAL FACILITY ELEMENT
Introduction
California Public Resources Code (PRC), Sections 41730 eX seq, requires every California city
and county to prepare and adopt a Nondisposal Facility Element (NDFE) identifying all existing,
expansion of existing, and proposed nondisposal facilities which will be needed to implement
local Source Reduction and Recycling Elements (SRREs).
The NDFE for the City of Temecula has been prepared and adopted in compliance with the State
law and in accordance with the guidelines and format promulgated by the California Integrated
Waste Management Board (CIWMB).
Pursuant to PRC, Section 40151, a nondisposal facility is defined as any solid waste facility
required to obtain a State Solid Waste Facility Permit, except a disposal facility (i.e., landfill)
or a transformation facility (i.e., waste burned for energy).
Background
Western Riverside Council of Governments (WRCOG) has prepared the NDFE for the City of
Temecula as required by PRC Section 41730. Prior to its adoption, the Draft City NDFE was
submitted to the Local Task Force (LTF) for review and comment. Their review focused on
the regional impacts of the nondisposal facilities identified in this Element, in accordance with
the requirements of PRC Sections 41734(a) and 41734(b).
After holding a noticed public hearing, the City Council approved and adopted by resolution the
NDFE, in compliance with PRC Sections 41730 and 41731. Foilowing the adoption of the City
NDFE, the City of Temecula sent a copy of the Temecula NDFE to each corresponding city.
The Temecula NDFE will be appended to the City of Temecula's Source Reduction and
Recycling Element (SRRE) at the time of the SRRE's five year revision.
As indicated in PRC Section 41735(a), the adoption or amendment of this element is not subject
to environmental review under the California Environmental Quality Act (CEQA).
DRAFT
Description of Nondisposal Facilities
The City of Temecula's NDFE identifies nondisposal facilities as deemed by PRC Section 40151,
including: materials recovery facilities, transfer stations, and large-scale cornposting facilities
that the City intends to utiliTe to implement its SRRE and meet the solid waste diversion
requirements of PRC Section 41780. Descriptions of all the identified nondisposal facilities are
organized in tabular format and presented in Attachments A, B, C and D.
Attachment A describes all existing, expansion of existing, or proposed nondisposal facilities
which the City plans to ufiliTe that are located within the jurisdiction which recover for reuse
or recycling at least five percent of the total volume of material received by the facility. None
of these facilities could be identified at this time.
Attachment B identifies all existing, expansion of existing, or proposed nondisposal facilities
which the City plans to utiHTe that are located outside the jurisdiction which recover for reuse
or recycling at least five percent of the total volume of material received by the facility.
Attachment C identifies all existing, expansion of existing, or proposed nondisposal facilities
which the City plans to utili:,e that are located within the jurisdiction which recover for reuse
or recycling less than five percent of the volume of materials received by the facility. None of
these facilities could be identified at this time.
Attachment D identifies all existing, expansion of existing, or proposed nondisposal facilities
which the City plans to utiliTe, that are located outside the jurisdiction which recover for reuse
or recycling less than five percent of the total volume of material received by the facility. None
of these facilities could be identified at this time.
To clarify the current status of each of the facilities, four categories have been identified:
Existing applies to facilities which are currently in operation or will be in
operation in 1994;
Permitted but Not Constructed applies to facilities which have approved permits
from the CIWMB but have not yet begun construction;
Proposed applies to facilities that have plans which have been initiated, but the
facilities have not yet been permitted; and,
Contingent applies to facilities which may not be developed because their
development is contingent on other "proposed" facilities which may adequately
cover the area's waste stream. Other facilities, are listed as contingent, because
the planning for the facility is preliminary due to the limited volume of waste
material in the area.
2
DRAFT
The discussion of the participating jurisdictions for each facility is based on preliminary
information and should not be considered absolute, particularly for the Proposed and Contingent
facilities.
Several appendices are included in the NDFE. Appendix 1 includes the comments from the
Local Task Force on the N'DE. Appendix 2 includes a copy of the NDFE approval and
resolution by the City of Temecula and the City Council.
3
DRAFF
Type of Facility
Table A - 1
City of Temecula NDFE
None Identified At This Time
Facility Capacity
Expected Diversion Rate
Paxticipating Jurisdictions
Location
ATTACHMENT B
DRAFT
NONDISPOSAL FACH~ITIP-~ LOCATED OUTSIDE THE
JURISDICTION WITH AT LEAST A FIVE PERCENT DIVERSION
DRAFT
Table B - 1
City of Temecula NDFE
Mid-County Transfer Station/Materials Recovery Facility (Contingent)
Type of Facility The development of the Mid-County Transfer
Station/Materials Recovery Facility (MRF) is contingent
on the waste stream and pOteDfial development of other
MRFs in the area. If developed, the IVIRF could receive
and process loads of mixed municipal, commercial, and
industrial solid waste and source-separated recyclable
materials. The facility could include a Household
Hazardous Waste (HI-IW) Fac'dity to accept and
temporarily store the HHW that is either brought in by
private citizens or present in the municipal solid waste
processed at the MRF, and a composting/co-composting
facility.
Facility Capacity
Expected Diversion Rate
Participating Jurisdictions
There are three options for the placement of a facility in
the Mid-County area: a MRF at the Double Butte
Landfill, a MRF at the Lamb Canyon Landfall or a MRF
in Pen'is (discussed on Table B-5). Assuming
development of the Pen-is MRF, the other two options
may not be needed for many years.
The Mid-County MRF is proposed to process between
750 - 1,500 tons per day (tpd).
The projected diversion ram is approximately 25 to 30
percent. An estimate mount of waste to be sent to this
facility is not available at this time.
The Mid-County MRF may serve portions of the
unincorpomted area, Banning, Beaumont, Calimesa,
Hemet, San hcinto, Penis, Lake Elsinore, Canyon Lake,
Munieta and Temecula.
Location
The Mid-County MRF may be located at the Double Butte
Landfall, 31710 Grand Avenue, Winchester; or the I.amb
Canyon Land fill, 16411 Lamb Canyon Road, Beaumont;
or in Penis at the southwest comer of Ellis Avenue and
Goetz Road, in the City of Penis.
Source: Mid-County Transfer Station & Materials Recovery Facilities, Draft Environmental Impact
Report, October, 1993; Prepared by Brown, Vence & Associates in consultation with EIP
Associates.
DRAFT
Table B- 2
City of Temecula NDFE
O.M. Scott and Sons Company
Riverside County Regional Composting Facility CExisting)
Type of Facility The O.M. Scott & Sons Company, Riverside County
Regional Cornpasting Facility, accepts and processes
residential and commercial yard trimmings to produce
compost and mulch for use in the manufacturing of the
company's lawn care products. The facility only accepts
material delivered by municipal or commercial haulers
and is not open to the general public. A portion of the
yard trimmings which arrive at the facility is processed at
the fac'fiity's grinding system and transferred direc~y to a
Scotts blending and bagging plant in Chino, CA or to bulk
customers. The remainder of the incoming material is
cornposted on-site prior to shipment, The facility is
currently under constxuction; full operations are scheduled
to begin in 1994.
Facility Capacity The O.M. Scott & Sons Cornposting Facility accepts up to
1,320 tons per day (tpd). The maximum annual receiving
capacity of the facility is approximately 250,000 tons.
Based on the number of days of operation, Scotts expects
a maximum average capacity of 874 tons per day.
The diversion rate is approximately 95 to 99 percent of
the incoming materials. An estimate amount of waste to
be sent to this facility is not available at this time.
The facility serves unincorporated and incorporated areas
within Los Angeles, San Bernardino and Riverside
Counties.
Expected Diversion Rate
Participating Jurisdictions
Location
The southwest comer of Riverside Avenue and Wineville
Road in the Jurupa area of Riverside County.
Source: Draft Report of Cornposting Site Information - The Riverside County Regional Composting
Facility, March, 1993; Prepared by Roy F. Weston, Inc., Woodland Hills, CA, for O.M. Scott
& Sons Company, Marysville, OH.
DRAFT
Type of Facility
Facility Capacity
Expected Diversion Rate
Table B - 3
City of Temecula NDFE
Recyc. Inc. (F2tisting)
RECYC, Inc. is a large-scale cornposting facility that
composts municipal sewage sludge and greenwaste from
throughout Southern California.
The RECYC cornposting facility is permitted to accept
500 wet tons per day of municipal sewage sludge and an
additional 800 cubic yards per day of dry organic feed
(typically greenwaste).
The diversion rate is 95 to 99 percent. An estimate
mount of waste to be sent to this facility is not available
at this time.
Participating Jurisdictions
The facility accepts municipal sewage sludge from the
Counties of Riverside, San Bemardino, San Diego,
Orange, and Los Angeles. It is permitted to accept
greenwaste from both Riverside and San Bemardino
Counties.
Location
22500 Temescal Canyon Road, Corona, in the Temeseal
Canyon area of Riverside County.
Source: Solid Waste Facilities Permit No. 33-AA-0225
DRAFt
Table B - 4
City of Temecula NDFE
Murrieta Transfer Stafion/Materink Recovery Facility (Contingent)
Type of Facility The Murrieta Valley Transfer Station/Materials Recovery
Facility (MP--D would be a solid waste materials recovery
and transfer facility which could receive and process loads
of mixed waste and source-separated recyclable materials.
The Murrieta IVlRF could also include a Household
Hazardous Waste (HHW) Facility to accept and
temporarily store HHW that is brought in by citizens or is
present in mixed municipal solid waste. The development
of this facility is contingent upon waste stream tonnages in
this area of Riverside County. An application for the
MRF was considered by the City of Murrieta but no
action has been taken.
Facility Capacity
Expected Diversion Rate
Participating Jurisdictions
Location
The Murrieta lVlRF which was considered by the City of
Murrieta could process a maximum of 2000 Wns per day
(tpd) of waste material.
The projected diversion rate could be 25 to 35 percent.
Another option may be to use the facility as a transfer
station, in which case the projected diversion rate is 5 to
10 percent. An estimate amount of waste to be sent to
this facility is not available at this time.
If developed, the facility could serve the cities of
Murrieta, Lake Elsinore, Temecula, Temecula, as well as
unincorporated areas in southwest Riverside County.
A site which was considered for the facility is located in
the City of Murrieta, at the southeast comer of Elm Street
and Adams Avenue.
DRAFT
Table B - S
City of Temecula NDFE
Pen-is Transfer Station/Materials Recovery Facility (Permitted but Not Constructed)
Type of Facility The City of Penis Transfer Station/Materials Recovery
Facility (IVlRF) is a proposed facility which has acquired
local and state permits W receive and process loads of
mixed residential and commercial refuse, as well as
source-separated recyclables. The MRF would also
include a Household Hazardous Waste (HHW) Facility to
accept and temporarily store the HHW that is either
brought in by private citizens or present in the municipal
solid waste processed at the MRF.
Facility Capacity The Per~s MRF is permitted to process a maximum of
1,800 tons of waste material per day. It is unknown at
this time how much unincorporated area waste may he
sent to this facility.
Expected Diversion Rate The expected diversion rate is approximately 25 percent.
An estimate mount of waste to be sent to this facility is
not available at this time.
Participating Jurisdictions
Location
The Perils MRF may potentially serve portions of the
unincorporated area and the cities of Banning, Beaumont,
Calimesa, Hemet, San Jacinto, Perils, l~ke Elsinore,
Canyon Lake, Murrieta, Moreno Valley and Temecula.
Southwest comer of Ellis Avenue and Goetz Road, in the
City of Pen'is.
Source: Solid Waste Facility Perink No. 33-AA-0239
DRAFt
ATTACHMENT C
NONDISPOSAL FACILITIES LOCATED INSIDE TIlE
JURISDICTION WITH LESS THAN A FIVE PERCENT DIVERSION
Type of Facility
Table C - 1
City of Temecula NDFE
None Identified At This Time
DRAFT
Facility Capacity
Expected Diversion
Rate
Participating
Jurisdictions
Location
ATTACHIV~NT D
DRAF'F
NONDISPOSAL FACH,,IT~-~ LOCATED OUTSIDE THE
JURISDICTION WITH LESS THAN A FIVE PERCENT DIVERSION
DRAVF
RIVERSIDE COUNTY LOCAL TASK FORCE
COMMENTS ON THE CITY OF TEMECLqA NDFE
DRAFT
APPENDIX 2
CITY OF TE.MECULA
NDFE APPROVAL AND RESOLUTION
/ ~--~ Riverside County
Waste Resources fl~anagement District
Robert A. Netton, Chief Eututiee O~ttr
SUBIV!I'ITAL TO ~ SOt,m WASTE ADVISORY COUNCIL
COUNTY OF RIVERSIDE, STATE OF CAt,mORNIA
FROM: Waste Resources Management District SUBNu'rlAL DATE: October 20, 1994
SUBJECT: Consideration of Nondisposal Facilities Elements (NDFE) for Cities Within the County
of Riverside
RECOMlVlENDED MOTION: The Solid Waste Management Advisory Council (Countywide Local
TagIt Force) finds that the NDFEs for the Cities of Banning, Beaumont, Callmesa, Canyon I site,
Corona, r ~te. Elsinore, Moreno Valley, Murri~.a, Norco, Pems, Riverside, San Jaeinto, Temecula,
Cathedral City, Coachella, De~rt Hot Springs, Ir~dian Wells, Indio, La Quinta, palm Desert, palm
Springs, Rancho Mirage, and Blythe axe adequate in addressing regional concerns.
JIJSTIFICATION: The Local Ta~l~ Force (L/F) is required per California Code of Regulations, Title
14, Chapter 9, Article 7, Section 18765 Co) to consider the issues of regional impacts of potential
diversion facilities. S~fff has roviowod tho cities' NDFKs and has prepared tho wrimm commonts in
Attaduncnt A. The attached Table summarizes the facilities identified in the cities and County NDFEs.
With thc inclusion of the commc~u from Attachment A, tThe Elements meet the requirements of the
regulations and adequately portray regional concerns.
Chief Executive Officer
KG:NIIS
MII~rL~I~_S OF ~ SOLIT~ WAST~ 1VIA_NAO~,~ ADVISORY COUNCIL
On the motion of John Pietlg, seconded by Dick Kelly and duly carried by unanimous vote, IT
WAS ORDEl~h'tD that the above manor is approved as recommended.
Ayes:
Nees:
· Absent:
Dam:
Johnson, Magee, Koontz, D. Beck, Kelly, WOhlmuth, Ryan, Anderson, Boyd, Sebba and
Piefig
None
Reed, Marshall, Axmguin, Slevera, Holt, Robens, McCle!I~-, Bean, Baitenger, Beck
October 20, 1994
Frnnees TrevinO
S~,uiary
199S Market Street · Rinnidt. CA ~2501.1719 · (9091275.1S70 · Fax (909t 275.1574
ITEM 32
APPROVAL ~
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
City Manager/City Council
Genie Robarts, Interim Finance Officer
November 15, 1994
Property Insurance Coverage
PREPARED BY: '~.r~Luci Romero, Financial Services Administrator
RECOMMENDATION:
Provide direction to staff in accordance with one of the following options:
Submit notice to Strachota/Aetna that the City is cancelling the policy, effective
November 30, 1994 and direct staff to obtain property insurance coverage through
Driver/PEPIP, effective December 1, 1994.
Terminate the Aetna policy in conjunction with its expiration on February 26, 1995.
In the interim, revise the policy provisions in accordance with the proposal submitted
by Strachota. Direct staff to obtain property insurance coverage through Driver/PEPIP,
after expiration of the current Aetna policy.
DISCUSSION: The City's current property insurance policy expires on February 26,
1995, and is provided by Aetna Insurance Company, through Strachota Insurance, the City's
insurance broker. The policy coverage includes all-risk and earthquake at various City
locations.
On February 22, 1994, in conjunction with the authorization to renew the property insurance
policy, City Council directed staff to obtain new insurance proposals at mid-policy year.
Thereafter, on September 13, 1994, two proposals for property insurance were presented to
City Council. The Council's direction at that time was to allow the current broker to resubmit
a proposal and return the item for consideration. As a result, two proposals are submitted for
consideration: 1 ) Strachota Insurance Company (Strachota Proposal); and 2) Robert F. Driver
Company (Driver Proposal).
The Strachota proposal consists of a combination of blanket and scheduled coverage. For the
most part, the blanket coverage amounts correspond to the declared property values, for
example the limit on the building coverage ($6,070,000) is the total value of all insured
buildings. The non-blanket coverage specify the limits of insurance recommended by the
Strachota, for each location,
The Driver proposal consists of participation in the Public Entity Property Insurance Program
(PEPIP), a joint insurance purchasing program. PEPIP is a combined group purchase concept
with the advantage of group purchase pricing and no risk sharing. The proposal provides
broad coverage along with the flexibility to ensure that the City is adequately covered.
Attachment A illustrates comparison of the two proposals. The primary difference in the two
proposals is that the Driver proposal provides greater protection from being under insured
through policy provisions such as agreed amounts, coverage not confined to schedule, and
ninety (90) day newly acquired locations coverage. Correspondingly, under the Strachota
proposal, the maximum to be paid for any one occurrence is the assigned limit of coverage
contained in the policy.
Attachment B addresses issues which are relevant to consideration of the two proposals.
These issues include: I) Policy Forms; II) Comparison of Proposals; Ill) Admitted/Non-Admitted
Carrier; IV) Co-insurance Requirement; V) Customer Service; VI) Consolidation of Existing
Policies; VII) Deductible; and VIII) Premiums.
in reviewing the proposals, the options which the City Council may wish to consider are as
follows:
Submit notice to Strachota and Aetna that the City is terminating the policy, effective
November 30, 1994 and direct staff to obtain property insurance coverage through
PEPIP, effective December 1, 1994. An early cancellation penalty of approximately
$500 will be assessed if this option is selected. Based upon the current declared
values, the PEPIP annual premium amount is $32,290.
Terminate the Aetna policy in conjunction with its expiration on February 26, 1995.
In the interim, revise the policy provisions in accordance with the proposal submitted
by Strachota. Direct staff to obtain property insurance coverage through PEPIP, after
expiration of the current Aetna policy. Based upon the current declared values, the
PEPIP annual premium amount is $32,290.
in both instances above, Driver has committed to honoring the premium quote submitted on
October 7, 1994. However, should there be an occurrence which changes the earthquake
coverage market, Driver will have to revise the earthquake portion of the premium.
FISCAL IMPACT: Due to the increase in the City's declared values, the proposed
premium exceeds the budget appropriation. Additionally, should the Council elect to cancel
the policy prior to its expiration (Option 1 ), there will be a penalty of approximately $500.
Thus, in the absence of savings in other Insurance Internal Service Fund accounts, a mid-year
increase will be required.
AT'rA~ A
COMPARISON OF PROPOSArs
Buildings
Valuable Papers
EDP
STRACHOTA
(AETNA)
$6,070,000
$1,000,000
$300,000
$6,070,000
$1,000,000
$300,000
DRIVER
(PEPIP)
Media
Office Contents
Property Off Premises
Outdoor Property
Rental Income
$150,000
$1,380,000
$10,000
$5,000
$1,000
Business Interruption $1,000
Demolition &
increased Cost of
Construction
Debris Removal
Contingent Liability
due to building codes
Extra Expense
$6,070,000
$1,517,500(25% of
Building values)
$1,000
$200,000
Transit $1 ,O00
Accounts Receivable $5,000
Architects' Engineers $6,070,000
Fees
Course of $1,000
Construction on
Premises
Mobile Equipment
$51,000- Higher
coverage with additional
premium
$150,000
$1,380,000
Full Replacement Value
Full Replacement Value
Actual Loss Sustained resulting
from untenantability
Per Declared Values - additional
premium required
Full Replacement Value
Full Replacement Value
Full Replacement Value
Necessary extra expense incurred
in order to continue normal
operations - Not to exceed two
consecutive weeks.
Full Replacement Value
Per Declared Values
Full Replacement Value
Full Replacement Value
Actual Cash Value - Per
Scheduled Property
ATTACHMENT A 2
COMPARISON OF PROPOSALS
Service InterruDtion-
Utilities
Tax Interruption
Fine Arts
Exterior Signs
Arson Reward
Fire Dept Service
Charge
Fire Extinguisher
Recharge
Lost Key
Consequential Loss
Cost of Research
Expediting Expense
Newly Acquired
Locations
Earthquake
Flood
STRACHOTA
(AETNA)
$1,000
NotIncluded
$5,000
$2,500
$2,500
$5,000
$1,000
$250
$5,000
NotIncluded
NotIncluded
$8,550,000
NotIncluded
DRIVER
(PEPIP)
$5,000,000 Policy limit
Per Declared Values - additional
premium required
City Property - Current fair market
Other's Property - Agreed amount
Full Replacement Value
Not Included
Full Replacement Value
Not Included
Not Included
NotIncluded
$500,000 Policy Limit
$5,000,000 Policy Limit
$5,000,000
$200,000
ATTACHMENT B
PROPERTY INSURANCE PROPOSAL ISSUES
II.
III.
IV.
COMPARISON OF POLICY FORMS
The Aetna policy proposed by Strachota provides a basic policy form to which
endorsements have been added to establish or augment various coverages.
Additionally, there are coverage limits in the basic policy form which are
insufficient. An example is glass breakage, which provides $100 per plate or
pane, and no more than $500 for all loss of or damage to building glass, per
occurrence. Another example is Valuable Papers, which does not provide full
replacement of the data on the valuable papers. An endorsement (at a premium
of $1,000 per year) has been added to the policy to cover full replacement.
The PEPIP policy form proposed by Driver provides a broad level of coverage.
In contrast, the PEPIP policy covers most items, except where specifically
excluded. For example, glass breakage is covered, not by direct reference, but
by lack of exclusion.
COMPARISON OF PROPOSALS
The primary difference in the proposals are the limits and types of coverages.
The Strachota proposal contains specific limits of coverage. These limits
correspond to the declared values for real and personal property. The Driver
proposal contains limits of coverage which are higher than the declared values.
This provision is significant in cases where City property values may change.
ADMI'R'ED/NON-ADMI I I ED CARRIER
This issue pertains to cases where admitted and non-admitted insurers are being
considered. The Insurance regulations specify that when proposals have been
received from both types of insurers, the proposal from the admitted carrier
must be selected. However, two exclusions from this requirement apply in this
case: 1 ) The non-admitted carrier may be selected if their proposal contains
provisions which are not addressed in the admitted carriers proposal; or 2) If a
minimum of three admitted carriers have declined to write the coverage, then
the coverage may be submitted to a non-admitted carrier.
The two exclusions apply to the Driver proposal. The proposal offers a group
purchase option which is not available under the Strachota proposal. Further,
the broker has obtained three declines from admitted carriers.
CO-INSURANCE REQUIREMENT
The co-insurance provision is a means by which a penalty is assessed to the
insured for being underinsured. For example:
2
When:
The value of the property is
The Co-insurance percentage for it is
The Existing Limit of Insurance for it is
The Deductible is
The amount of the loss is
$3,500,000
90%
$3,000,000
$250
$1,000,000
Using the above information, the formulafor determining the amount to be
covered from the above loss is:
Step 1:
Step 2:
Step 3:
Step 4:
$3,500,000 (Value of Property) X 90% (co-insurance percentage)
= $3,150,000 (the minimum amount of insurance to meet City's
requirements)
$3,000,000 (current insurance limit)IS3,150,000 (limit required)
= .95 (indicates that only 95% of the co-insurance requirement
is being met)
$1,000,000 (loss amount) X .95 = $950,000 (maximum amount
to be paid by insurance company, minus deductible)
$950,000 - $250 (deductible) = $949,750 (maximum amount to
be paid by insurance company)
Given the above example, the most which the insurance company would pay
on this loss would be 6949,750. The remaining $50,250 would not be
covered. Although the co-insurance provision reduces premium dollars for the
insured because the values are rated at 90%, it also places the burden of
maintaining up-to-date values on real and personal property at all times. As
illustrated above, the cost incurred for losses substantially increases due to the
co-insurance requirement, if values are incorrect. The Aetna policy contains the
co-insurance requirement, the PEPIP policy does not contain this provision.
CUSTOMER SERVICE
The City has limited customer service experience with Driver, all of which is
associated with the PEPIP proposal. Although there has been limited
interaction, Driver has been responsive in addressing questions, providing
information and follow-through. Additionally, Driver has extensive experience
in the municipal insurance arena. PEPIP is specifically written for public
agencies. Participants in the PEPIP program include the cities of Burbank, Costa
Mesa, FreSno, Glendale, Long Beach, Pasadena, Santa Monica, and Santa
Barbara, Joint powers insurance authority participants in the program include,
Bay Cities Joint Powers Authority, Central San Joaquin Valley Risk
Management Authority (CSJVRMA), Public Agency Risk Sharing Authority of
California (PARSAC), San Diego Pooled Insurance Program Authority
(SANDPIPA), and San Diego County Cities Risk Management Authority
(SDCCRMA). Additional participants include water, sanitation, air pollution
control, and transportation agencies.
The City has extensive customer service experience with Strachota. Strachota
was the first company to provide both general liability and property insurance
for the City. Approximately one year after incorporation, a new broker was
obtained for the general liability insurance; the property insurance has remained
with Strachota. The City's property needs have grown considerably,
particularly with the acquisition of new facilities (Senior Center, CRC). Thus,
the City now requires a broker with expensive experience and expertise in the
area of public agencies.
VI. CONSOLIDATION OF EXISTING POLICIES
The City currently maintains a separate policy for Contractor's Equipment
(tractors, trailers) at a premium of $588 per year. The Aetna policy form allows
Contractor's Equipment to be added for an additional premium of approximately
$250. The PEPIP policy extends coverage to include Contractor's Equipment,
with no additional premium.
VII. DEDUCTIBLE
Strachota - Aetna: $5,000 - Special Form including theft
10% - Earthquake
Driver - PEPIP: $5,000 - All-Risk
10% ~ Earthquake
VIII. PREMIUMS
Strachota - Aetna: $28,780 - 90% Co-insurance, (includes Earthquake)
Driver - PEPIP: $32,290 ($3,180 All Risk/S29,110 Earthquake)
ITEM 33
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
City Council
Ronald E. Bradley, City Manager
November 15, 1994
Consideration of Sponsorship Requests
Prepared by: Mary Jane McLarney, Assistant City Manager )~/ ~
RECOMMENDATION:
That the City Council consider the sponsorship requests for the Temecula Rod Run, Balloon
and Wine Association, and the Tractor Race Committee of the Temecula Town Association
(TTA).
BACKGROUND:
During the past four years, the sponsors of the Rod Run, Balloon & Wine Festival and Tractor
Race have requested varying levels of support in the form of loans and sponsorships. The
funding has been made apart from the annual Community Services Funding Program.
At the direction of the City Council, staff has combined the FY 1994-95 sponsorship requests
into one item for consideration. Due to the fact that these activities 13tomore tourism in
Temecula, funding would come from the Redevelopment Agency Economic Development
budget.
Attached for your review and consideration are the following sponsorship requests:
Rod Run $10,000
Balloon and Wine
7,500
Tractor Race 10.000
$27.500
Currently, the Balloon and Wine Festival has an outstanding balance on their loan in the
amount of $20,000. The balance is to be repaid in annual installments with the term ending
in 1998. The Temecula Town Association loan of $68,000 is not due until July 1996.
Council may want to consider forgiving the amount of the request against these loans rather
than making a cash contribution.
FISCAL IMPACT:
Funding would come from the Redevelopment Agency Economic Development budget.
ATTACHMENTS: Sponsorship Materials
INTRODUCTION
:~neoula Rod Run has been a traditional event featuring hundreds of pre-
~' -..4d0t rods, street rods, muscle and per/ormance cars since 1967.
~~l~t~r 1000 cars from throughout Southern California participate, with 30,000 to
..~?'~:40,000 spectators converginq on the wonderful circa late 1600s facade of Old '
-.'~ Town Temecula to view these cars from a bygone era. While in Old Town, people
I-: love to browse the hundreds of unique craff and antique stores while viewing
.;, ~, these hot, souped-up cars. And because the event is free, it is a fun, affordable
event for the entire family.
Saturday the participants go on a Poker Run Cruise through Temecula's wine
country then return to Old Town Temecula for cruising. Everyone's favorite part
is when the mufflers are discarded and they try to blow each other away as they
rumble, rock and roll down Front Street in the Open Header Cruise. Sunday
features a Show & Shine Competition with an award presentation in the
afternoon.
The purpose of holding the event each year is: · To provide a fun, affordable event for area residents while
generating sales for downtown merchants
· To support miscellaneous promotional campaigns for Old Town
Temecula (freeway billboard signage, advertising, etc.)
· To promote the Temecula Valley as a tourist destination
· To promote the Temecula Valley as a desirable area for purchasing
homes and/or relocating businesses.
To support this event, which is organized by the non-profit Old Town Temecula
Mainstreet Association, sponsorships are offered to businesses, allowing them
an event marketing tie-in opportunity. The enclosed sponsorship levels list the
benefits to be received as a sponsor. Plus, sponsors will benefit from the vast
publicity generated by the event, including a program distributed to over 36,000
homes in the Temecula Valley. Also, advertising of the event reaches over a
million impressions throughout the counties of Riverside, San Bernardino, San
Diego, Los Angeles and Orange County, not to mention the visibility they will
have at the event (depending on level of sponsorship).
TEMECULA - 95 ROD RUN
TENTATIVE BUSINESS PLAN
PURPOSE:
The purpose of the TEMECULA - 95 ROD RUN is to promote and
enhance public awareness of "OLD TOWN TEMECULA", the sponsoring
organization Old Town Temecula Merchants Association, and to
assist local charitable organizations through cash donations.
SITE:
The Temecula - 95 Rod Run Committee intends to utilize Old Town
Temecula as the site of the 1995 event, subject to approval of
the City. It is requested that Front Street be closed during the
Open Header Cruise on Saturday, February 18, 1995 from 2 pm to 4
pm and all day on Sunday, February 19, 1995 from 5 am to 3 pm. It
is also requested that Sixth Street be closed from Mercedes to
Front on Saturday and Sunday, starting at 5 am on Saturday and
continuing to 3 pm on Sunday. In addition Third Street be closed
from Mercedes to Front on Sunday from 5 am to 3 pm. The committee
plans to use the City owned property at sixth & Main. All other
activities will take place throughout the community.
EVENT DATES:
Saturday, February 18 and Sunday, February 19, 1995
ACTIVITIES:
The tentative scheduled activities of the Temecula- 95 Rod Run are
a follows:
SATURDAY - FEBRUARY 18, 1995
9:00 AM - 1:00 PM
9:00 AM - 1:00 PM
2:00 PM - 4:00 PM
4:00 PM - 8:00 PM
Registration - Paradise Chevrolet
Poker Cruise by King of Clubs Car Club
Open Header Cruise in Old Town
Cruising Old Town Temecula (No open Headers)
SUNDAY -
6:00
7:00
3:00
FEBRUARY 19, 1995
AM - 10:00 AM
AM - 3:00 PM
PM - 4:00 PM
Registration - Paradise Chevrolet
Show and Shine & Special Events in Old Town
Temecula
Awards - Top Class Picks, Celebrity Picks, Poker
Run Winners.
Beverages - Beer and Bloody Mary's will be sold to those
over the age of twenty one. All sales will be mandated
by the State of California ABC Code. Soft drinks, coffee,
tea, etc. will also be sold. Old Town Temecula Merchants
Association will handle all beverage sales. Hours on
Saturday, 11 am to 5 pm; Sunday, 6 am to 4 pm
Classic Car Exhibits - On Sunday there will be
approximately 1000 cars on display.
Entertainment - Saturday and Sunday entertainment will
be provided featuring D.J. and KRTM will be broadcasting
live all day.
Open Header Cruise - The "Open Header Cruise" will take
place on Saturday, February 18 2 pm and 4 pm on Front
Street between Mercedes and 2nd Street. Only those hot
rods that are pre-registered will be allowed to
participate.
Poker Run Cruise - Saturday's Rod Run will provide the
street rods an opportunity to cruise the highways and
byways of Temecula seeking just the right poker hand to
win special prizes. At each Poker Run stop, a
representative will have a deck of cards for the
participant to draw a card, which will be noted on a
playing sheet. The Poker Run will end at a yet
undetermined area in Old Town. This event will take place
throughout the community and no special event permit will
be required.
Power Parking - Power parking will be conducted bythe A1
Malaikah Temple, A.A.O.N.M.S. under the direction of
william B. Victor, Ambassador-At-Large.
Vendors Sales - there will be car related vendors which
will display and sell their wares. All will provide to
the Temecula - 95 Car Run Committee their California re-
sale number according to the California Franchise Tax
board rules.
ATTENDANCE:
The planned attendance for Sunday is no more than 5000 people at
one time, which is approximately 2000 cars.
PARKING:
It is planned that vehicles park on the streets of Pujol, Mercedes,
Moreno Rd., Front Street from Santiago south to the freeway. In
addition vehicles will be allowed to park at the Old Town Temecula
Senior Center, and at the Temecula Community Center.
MARKETING & MANAGEMENT:
Marketing and management of the event, working under the direction
of Chairman John Gervais will be Harker Enterprises, Event Planning
& Marketing.
SECURITY:
Security will be provided by a contract with the Riverside County
Sheriff and volunteers.
INSURANCE:
Sponsoring organization will provide a general liability
policy and liquor liability policy naming the City of Temecula as
additional insured.
PORTABLE TOILETS:
The committee will install sufficient (30) portable toilet
facilities and (6) handicap portable toilet facilities. They will
be responsible for the sanitation and multiple cleaning on a daily
basis. They will meet all health requirements as set by County
Ordinance. Portable toilets will be install on the City Property
at Sixth & Front.
TRASH:
Local Boy Scout Troop 301 will provide on-site continuous cleaning
during and after the event. In addition, there will be sufficient
trash receptacles that will be emptied regularly. There will be a
competent trash hauler for trash removal with total off-site
removal within 24 hours following the event.
FIRST AID:
First-aid and emergency medical services will be provided by local
medical professionals on a full time basis at the run site.
SITE PREPARATION, SET UP AIqD DISMANTLING:
The City is to post "NO PARKING" signs on Thursday, February 16.
The City will set up the barriers to close the streets at
appropriate locations on Saturday morning and take them down on
Saturday afternoon for the ,'open Header Cruise". Front Street will
be closed to thru traffic on Saturday, February 18 from 2 pm to 4
pm. "Front Street will be closed at 5:00 AM on Sunday, February 19
at Moreno Road and Front (by Circle K) and at Front and 2nd Street.
All barriers will be removed at 3:00 pm on Sunday and the City will
pick them up at their discretion.
PERMIT FEE:
Non-profit Organization Special Event permit fee's will be paid to
the City of Temecula as requested. The fee for the sheriff is to be
worked out with the Police Department. The ABC will provide the
liquor permit.
CITY OF TEMECULA
COMMUNITY SERVICE FUNDING PROGRAM
APPLICATION (Please Print or Type)
Amount Requested: $
Project Name:
Project Starting Date:
Project Ending Date:
$10,000
Temecula '95 Rod Run - 9th Annual
February 21, 1994
February 20, 1995
ORGANIZATION'S BACKGROUND:
Name of Organization:
Mailing address: P. 0.
Old Town Temecula Mainstreet Assocation
Box 1981 Temecula, CA 92593
(formerly Old Town Temecula
Merchants Association)
Telephone: (909) 699-8138 Year Founded 1986
Number of paid staff none Number of volunteers 40+:{more for event)
01d Town Temecula plus promotion benefiting the entire Temecula Valle~
Geographic area(s)served
is this organization incorporated in California as a non-profit organization?
Yes.
If "yes":
No x
Date of incorporation as a non-profit
Federal identification number
State identification number
(Not incorporated yet, but does have non-profit
tax status with IRS and state)
If "no":
Name of sponsoring organization
Its federal identification number
Its state identification number
Include a copy of your statement of non-profit status from the State of California
(SEE ATTACHED - EXHIBIT A PAGES 1-4)
Old Town Temecula Mainstreet Association
95-1010030
000 18910
application has been authorized by the organization's:
Executive Committee Board of Directors
Members-at-large
Old To,vn ~canecula Mainstrcet Association
· Box 1981 ·Ten, ecula, Calilornia 92590
TO:
City of Temecula Community Service Funding Program Committee
FROM:
Old Town Temecula Mainstreet Association (OTTMA)
DATE: August 26, 1994
It is the understanding of the Old Town Temecula Mainstreet Association (OTTMA)
that the City Council has given direction to the City's staff to develop a
mechanism in which the major events (Rod Run, Balloon & Wine Festival and
Tractor Race) would each receive sponsorship of $10,000. However we do not
want to lose out on our "window of opportunity" for funding and therefor are
using this procedure to request funds through this grant application.
The Rod Run has brought as many as 30 to 40 thousand people making it by far
the largest event inside the City limits Last year every restaurant and
hotel was filled to capacity.
Not only does this event bring money to the tourist destination industrie. n
town, such as the hotels, restaurants, gas stations, etc., but the Old Town
shops, wineries, golf resorts, travel industries, stores and other businesses
benefit. Indirectly, the domino effect stimulates the local economy with
ancillary spending by employees and the miscellaneous businesses supporting the
event, such as heavy equipment suppliers~ fencing & signage companies, rental
services and more.
Additionally, many local non profit organizations profit from these events as a
venue to promote themselves and use as a fundraiser by offering their volunteer
services for donations.
The promotional efforts for these events reach from San Diego to Santa Barbara
to Arizona and New Mexico plus nationally in more targeted publications -- car
collector, wine and food publications, plus travel, leisure, and senior medias.
Even if people don't attend the event, they are reminded of the area's
attractions and may come another time to visit the wineries, shop in the
antique stores, play golf, go horseback riding, or experience the world famous
hot springs. Some may be so impressed with the area, they move here, open a
business or get their company to relocate.
On ~ehalf of the Temecula '95 Rod Run and the other events that draw from
outside the area, we would like to ask the committee to please keep our needs
for funding in mind when deciding your economic development budget for the 94-
95 fiscal year because these events:
(1) Improve the quality of life of residents
(2) Promote the city and its attractions
(3) Encourage people and businesses to relocate here and/or return for
other visits and
(4) Increase the area's economic viability
INTERNAL REVENUE SERVICE
DISTRICT ~IRECTOR
2 CUPANIA CIRCLE
MONTEREY PARK, CA 91754
Date: SEP. 19, i791
OLD TOWN TEMECULA MERCHANTS
ASSOCIATION
P 0 BOX 1981
TEM~CULAm CA ~ZI~O
DEPARIHENT OF THE TREASUR)
Employer ;dentificatic. n Number:
33-04~'!480
Case Number:
95124800~
Contact Person:
GULAPAN~ C.
Contact Telephone Number:
<213) 725-787~
Internal Revenue Code
Section 501(c)(~)
Accounting Period Ending:
December 31
gorn ~0' Required:
Yes
Addendum Applies~
No
Dear Applicant:
Based on information supplied~ and assumin9 your operations will be as
stated in your application for recognition Of exemption, we have determined
you are exempt from Federal income tax under section 501(a) of the Internal
~evenue Code as an organization described in the section indicated above.
Unless specifically excepted, you are liable for taxes under the Federal
Insurance Contributions Act (sOcial security taxes) for each employee to whom
you pay $i00 or more during a calendar year, And~ unless excepted, you are
also liable for tax under the Federal Unemployment Tax Act for each employee
to whom you pay $50 or more during a calendar quarter if, during the current
or preceding calendar ~ear, you had one Or more employees at any time in each
of 20 calendar weeks OF yOU paid wages of Sl,500 or More in any calendar
quarter. if you have any questions abou~ excise, employment, or other Federal
taxes, please address them to this office.
If your sources of support, or your purposes, character, or method of
operation change, please let us know so we can consider the effect of the
change on your exempt status. In the case of an amendment to your organiza-
tional document or bylaws~ please send us a copy of the amended document or
byta.s. Also, you should inform us of all changes in your name or address.
in the heading of this letter we have indicated whether you must file Form
~?0, Return ef Organization Exempt From Income Tax. If Yes is indicated, you
are required to file Form ?90 only if your gross receipts each year are
normally more than $25,000. However, if you receive a Form ?~0 package in the
mail, please file the return even if you do not exceed the gross receipts test.
If you are not required to file, simply attach the label provided, check the
box in the heading to indicate that your annual gross receipts are normally
S25,000 or less, and sign the return.
If a return is required, it must be filed by the 15th day of the fifth
OLD TOWN TEMECULA MERCHAMTS
month after the end of your annual accounting period. A penalty of $10 a day
is charg~.d when a return is filed late, unless there is reasonable cause for
the delay. However~ the maximum penaitZ charged cannot exceed $5,000 or 5 per-
cent of your gross receipt~ for the year, whichever is less. This penalty
also be charged if · return is not complete, so please be Sure your return ie
complete before you file it.
You are not required to file Federal income tax returns unless you ere
subject to the tax on unrelated business income under section 511 of the Code.
If you are subject to this tax, you must file an income tax return on Form
9~O-T, Exempt Organization Business Income Tax Return. In this letter we are
not determining whether any of your present or proposed activities are unre-
lated trade or business as defined in section 515 of the Code.
You need an employer identification number even if you have no employees,
If an embloyer identification number wa~ not entered on your application,
a number will be assigned to you and you will be advised of it. Please use
that number on all returns you file and in all correspondence with the Internal
Revenue Service.
If we have indicated in the heading of this letter that an addendum
applies, the enclosed addendum is an ~ntegral part of this letter.
Because this letter could help resolve any questions about your exempt
status, you should keep it in your permanent records.
If you have any questions, please contact the person whose name and
telephone number are shown in the heading of this letter,
Sincerely yours,
District DireCtor
NC:~-:I$E TAX
~ugust 1~, 1992
LXHiBi] A PA6~ b
In reply re~er
to
OLD TOWN TEMECULA MECHANTS ASSOCIATION
P.O. BOX 1981
TEMECULA CA 92593
Code Section :
Form o~ Organization :
Accounting PeriOd Ending:
OrganizatAon RumbeE :
BUSINESS LEASUE
23701e
Association
December 31
9765792
You are eEempt ~rom state ~ranchise or income tax under the section o~
the Revenue and Taxation Code indiceted above.
This decision is based on information you submitted and assumes that
your present operations continue unchanged or conform to those proposed
t your application. Any change in operation, character, or purpose o~
ne organization must be reported immediately to this o~ice so that we
may determine the e~ect on your exempt status. Any change o~ name or
address must ~lso be reported.
In the even~ o~ a change in relevant statutory, administrative, judicial
case i~w, ~ change in ~ederal interpretation o~ ~ederal l~w in cases
~here our opinion is based upon such an interpretation, or a chanSe in
the material ~acts or circumstances retatin9 to your application upon
~hich this opinion is based, this opinion may no longer be applicable.
It is your responsibility {o be a~are o~ these changes should ~hey occur.
This paragraph constitues written advice, o~her than a ohie~ counsel
ruling, ~ithin {he meaning o~ Revenue and Taxation Code Section
Z1012[a)(2).
You may be required to ~ile Form 199 (E~empt Organization Annual
Information Re~urn) on or before the 15th day o~ the Sth month [U 1/2
months) ~ter the close o~ your accounting period. Please see ~nnu~l
instructions ~i~h ~orms ~or requirements.
AugUst 1~, 1992
OLD TONK TEMECULA MECHANTS
Corporate Number 976S792
Page 2
ASSOCIATIDK
You axe not required to ~ile state ~=anchise or income tax returns
unless you have income subject to the unrelated business income tam
undex Section 2~731 o~ the Code. In this event, you are ~equized to
{ile ~orm 109 (Exempt Organization Business Income Tax Return) by the
1~%h aay o~ the 5%h month (~ 1/2 months) ~ter the close o~ your annual
accounting period.
Please note that an exemption ~rom ~ederal income or o~hez ~axes and
othez state taxes requizes separate applications.
R BRIKE
EXEMPT ORGAKIZATIOK UNIT
COEPORATIOK AUDIT SECTION
Telephone (916) 369-q171
EO
co: DOKA PURVIS
City of Temecula
Community Service Funding Program
~-"-Hcation Page 2
FINANCIAL STATEMENTS (Based on your organization's last fiscal year)
Balance Sheet as of
A~Sqt
Cash and Investments $
Receivables (detail)
8-18-94
4,287.49
10,000.00 ,
Liabilities & Investments
Current payables $ 2,379.81
Notes Payable 0
Inventory e Fund Balance (~
Fixed Assets (~
Other Assets 0
Total Liability &
Totat Assets $ 14,287.49 Fund Balance $ 2,379.81
income Statement for the Year Ended 1994 F~ scal
Income Expenses
Fundraising $ 14,000 Salaries $ ~
Foundation grants $ (~ Operating expenses $ 9,000.00
United Way $ e Community services$ (~
Government Funds $ (~ Amount sent to
national/parent
organization $ ~
Other sources $ 0 Other expenses $ (~
Piease notewith an asterisk any amounts thatrequire additionalexplanation, and comment on these items.
* Hembets Dues - $4,700
Rod Run Income $5,300
In addition, please attach the orgenization's most recent treasurer's report, financial statements and
footnotes. (It does not require a CPA's audit, but please submit if available.)
City of Temecula
Community Service Funding Program
Application Page 3
Your Organization's Mission:
Briefly describe the goals and objectives of your organization and the major community services it provides.
Include discussion regarding the specific ways your organization meets the City's criteria listed on page 2.
The goals and objectives of the Old Town Temecula Nainstreet Association are:
1) To protect, preserve and promote the authentic 5outhem California history, lore and
architecture of the area;
2) To create a viable economic environment through increased tourism and community patronage
to allow local businesses to prosper;
3) To preserve the Old West theme throughout Old Town by encouraging activities that promote
a western activity, such as Western Days, country western dances, etc.;
4) To educate the community and surrounding area as to the importance of Temecula as a
ignificant factor in the overall settling of Southern California;
These goals and objectives are met in part by staginq many activities throuqhout the Old Town
area. Western Days are held twice a year, with emphasis on local western activities. Add-
itionally, the merchants support all community activities by announcing and holding compli-
mentary activities within the Old Town area, i.e. Tractor Race, Rodeo, Balloon & Wine Festival,
etc.
Because of the historical nature of the Old Town area, and the large number of antique stores
within the district, additional activities have been attempted. The Rod Run, established 8
years ago, began with a western theme. All of the cars are at least thirty years old, which
fits into the definition of "antique".
Other events the OTTMA participate in is a Fall Harvest Festival over Halloween weekend and
the"City's "Holiday Lites and Festive Sites" program. Our activities are primarily
staffed by volunteers and any profits made from this event are put into promoting the Old
Town Temecula area in way of freeway billboards and advertising. Our board of directoF
serves the public through lobbying efforts on behalf of its merchants to preserve the
above mission statements regarding the preservation of historical Old Town.
PAGE 3a
You're invited to become an active voice in Historic Old Town's future, "And
Support the Town that SUPPORTS You."
- Shop Temecula first-no need to travel elsewhere, your taxes pay for main-
taining this great town.
A healthy business economy comes with networking with all businesses, (they
are your neighbor).
Help preserve the Old West theme throughout Old Town which increases tourism
and bolsters your' s and Temecula Valley' s economy.
Increases awareness with Old Town activities and generates new residents and
businesses.
Old Town is famous for promoting these events:
* Early Times mid-winter Rod Run (40,000 in attendance)
* Old Town Western Days. for April and August (5000 each time)
* A Haunting in Old Town-OCtober (5000 attend)
* An Old Town Christmas with Santa- a yearly tradition
* Old Town Farmers Market every Thursday night with over 20 farmers participating
THESE EVENTS ARE MADE POSSIBLE BY YOUR TIME AND DUES TO O.T.M.A.
Other events in Temecula:
* May Balloon & Wine Festival
* Fourth of July Parade and Picnic
* Arts Festival- July
* Great Temecula Tractor Race
BECCME A PART OF YOUR TOWN- YOU CAN MAKE A DIFFERENCE
City of Temecula
Community Service Funding Program
Application Page 4
Project(s) needing funding
How will your organization use any funding awarded? Give the project's objectives, number of persons
served, area where services are 13rovided, and number of volunteers involved. Be specific, Note any
equipment or services that the award money would purchase and why it is needed. Please include a detailed
budget and a schedule of significant activities related to this project. Piease attach a maximum of one
double-spaced typewritten page of information if you need to expand your answer beyond this space.
SEE EXHIBIT B
PAGE 4a EXHIBIT B
The Temecula Rod Run has been a traditional event featuring
street rods and antique cars. Car enthusiasts from throughout
Southern California love to participate or just come and browse.
Also, local families can enjoy this affordable event featuring
fun entertainment, the wonderful circa 1800's facade of Old Town
Temecula and their myriad antique and craft stores, and hot,
souped-up cars from a bygone era. The Temecula Rod Run has
experienced a major growth cycle in recent years, culminating in
the need to fence off the streets of Temecula in 1993 and charge
admission to finance the event. The Old Town Temecula Mainstreet
Association, sponsors of the event, are reverting back to the
open, welcoming atmosphere of previous year's runs by not
charging admission. Without admission fees, sponsorships and
grant monies are necessary to support the event. Your grant money
will go towards promoting the event and paying for necessary
expenses. The non-profit Old Town Temecula Mainstreet
Association and other area charitable organizations will benefit
from the proceeds of the event. For their grant money the City
will receive · City logo/or name will appear on press releases,
advertisements and flyers relating to the event. · City name on
banner promoting the event displayed for several weeks in the
community. · City name will appear on all the Press -'e
letterhead. · Publication rights allowing use of event logo in
City's marketing program. · 20 Event Tee Shirts. · Name on
event Tee Shirt signifying event is promoted by the City (If
accepted by December 15, 1994). · Name recognition in Official
Program Tab.
City of Temecula
Community Service Funding Program
Application Page 5
We hereby certify the information contained in this application is true to the best of our knowledge and
belief.
(Sign both if same)
AND
Kari Spencer-Hollis, Harker Enterprises, Marketinq Director
NAME AND TITLE (Please Print or Type)
(Signature and ' of individ~ng application form)
I""'~ ~~ r
(S'gnature and title of President~er)
Old Temecula Mainstreet Association
(Organization Name)
P,0. Box 1981, Temecula, CA 92593
(Address of Organization)
(909) 699-8138
(Telephone)
August 26,
(Date)
1994
Return Completed Application to:
City of Temecula
Finance Department
Community Service Funding Program
43174 Business Park Drive
Temecula, California 92590
(909) 694-6430
.F~'-F~TIVA L
Tradition Since ]983"
September 14,,
1994
Ron Bradley
City Manager
City of Temecula
43174 Business Park Dr
Temecula, CA 92589
Dear Ron,
On behalf of the entire Board of Directors of the Temecula Valley
Balloon and Wine Festival, I would like to thank you for your
support and commitment for the past several years as a sponsor.
We are very proud to have City of Temecula's name appear in all
our marketing and public relations efforts and hope we can
continue this tradition in 1995.
The Temecula Valley Balloon and Wine Festival is one of the most
unique cultural event in Southern California. The festival will
take place on April 28-30th, 1995. This is the llth year of
tradition, with attendance exceeding 35,000 in 1994, and hope to
exceed 45,000 in 1995.
As in the past the festival will feature over 50 hot air
balloons, main stage headline entertainment, western village,
kids faire, commercial court, arts and crafts fair and wine
tasting from Temecula Valley.
Please look over the enclosed sponsorship proposal, we recommend
City of Temecula sponsor the Tourism Tent. I attached a
preliminary layout of the festival, including the placement of
the Tourism Tent. This tent will be stategically placed at the
bus loading area, it will be carpeted, with balloon arched entry,
decorated with trees and complete with fans in order to create a
welcome enviroment. The Tourism Tent will feature over twelve
businesses offering reasons to return to Temecula Valley to
either live or play. In addition there will be an ongoing slide
show of the Temecula Valley, information tables on events of the
Valley and it is our hope the City of Temecula employees acting
as hosts. The cost of this sponsorship is $7,500.00
27475 Ynez Road. Suite 335 · Temecula. California 92591 · (909) 676-4713
Since you are the expert, all the sponsorships offer tons of
marketing publicity and media exposure, please feel free to
review the kit, and discuss any and all amenities included for
each sponsor.
Thank you for taking the time to discuss the 1995 Temecula Valley
Balloon and Wine Festival sponsorship opportunities with us, and
I look forward to many more conversations.
Since ely,
General Manager
Tradition ,Since 19~3"
TOURISM TENT
THE CITY OF
SPONSORSHIP
TEMECULA
PROPOSAL
$7,500.00
THE TOURISM TENT WILL SHOWCASE OUR FINE VALLEY AND
OFFER REASONS TO RETURN TO EITHER LIVE OR PLAY.
YOUR ORGANIZATIONS NAME CAN BE SEEN HOSTING THIS
FANTASTIC NEW THIS VENUE.
BANNER AT ENTRANCE OF THE TOURISM TENT
ONGOING SLIDE PRESENTATION OF THE TEMECULA
VALLEY
15 TICKETS TO EVENT
6 VIP PASSES
4 VIP PARKING PASSES
1/2 PAGE ADVERTISEMENT IN OFFICIAL PROGRAM
i BALLOON RIDE
2 TETHERED BALLOON RIDES
NAME ON OFFICIAL FLYER OF FESTIVAL ( + 1 O0,000 )
FESTIVAL SOUVENIR
GUEST AT MEDIA EVENTS
DISCOUNT TICKETS AVAILABLE FOR YOUR EMPLOYEES
COOPERATIVE ADVERTISING
27475 Ynez Road. Suite 335 · Temecula, California 92591 · 1909) 676-4713
J ] 1
B~I~Z NOI~V~PgO~NI
II
i
"A Tradition Since 1983"
1995 TEMECULA VALLEr BALLOON AND
FESTIVAL ASSOCIATION
SPONSOR LETTER OF AGREEMENT
WINE
CITY OF TEM~CULA hereby agrees to be a Sponsor of the 1995 Temecula
Valley Balloon and Wine Festival.
As a MAIN-TOURISM TENT Sponsor, I understand that I
will receive the benefits as set forth in the exhibit attached hereto.
I further understand that sponsorship benefits will not be provided
and this agreement will not be binding on the Temecula Valley Balloon
and Wine Festival Association until this agreement is executed by the
sponsor in the space provided below.
In return for receiving these benefits, I agree to contribute
$ 7,500.00 , in cash or in services approved by the Temecula
V~lley Balloon and Wine Festival Association.
TERMS AND CONDITIONS
The Temecula Valley Balloon and Wine Festival Association reserves the
right to change the date or location of the Festival if deemed
necessary, however, this agreement shall remain in effect. The
festival may be held rain or shine, with no refunds unless the
Festival is canceledby the Temecula Valley Balloon and Wine Festival.
The Sponsor's participation shall be subject to uniform rules and
regulations set forth by the Temecula Valley Balloon and Wine Festival
Association for Sponsors of the event.
Deadline for inclusion of Sponsor in all printed material is March 15,
1995. Sponsors paying fees after that date will be included only in
material printed after that date.
I have read and agree to the terms stipulated in this Letter of
Agreement:
SPONSOR:
Name RON BRADLY
Company CITY OF TEMECULA
Title CITY MANAGER
Address 43174 BUSINESS CENTER DRIVE
City/State TEMECULA, CA 92589
Phone (909) 694-1989
Accepted by Date
Payment terms for cash sponsorships:
50% upon signing this agreement $ 3,750.00
50% 90 days after signing.
27475 Ynez Road. Suite 335 · Temecula, California 92591 · (909) 676-4713
~,a_,f~e Sl~inner
east of
~emecufa
cJ]escriptiort
'A bouqua of rosa - the '~fabulous -feai~al" award - to the organizers and all the sponsors of the Temecula Valley
Balloon and W'me Faavat .
'a'~ns CAtJFORNIAN NEW~PAPgR'
('Every year the Temecula Valley hosts a colorful party with hot air balloons, wine tasting and two
full days of musical entertainment.
It's the Temecula Valley Balloon and Wine Festival, and for the last 11 years this event has
mesmerized hundreds of thousands of people with its kaleidoscope of sight, tastes and sounds for
the senses.
Its started in 1984 with a small group of volunteers from the Temecula Chamber of Commerce. A
perfect blending of the emerging wine country and the splender of hot air balloon flights in the
crystal blue skies initiated the event.
Word that the Temecula Valley Balloon and Wine Festival is one of the most colorful and unj"
;vents in Southern California rapidly spread. 1994 broke attendance records with over 35,~
attendees over the two days, and received overwhelming coverage and unanimous praise from the
media. A cooperative program with KNX 10.70 News Radio, and a four-hour live broadcast with
Mark and Brain on KLOS 95.5 FM highlighted the marketing campaign.
1995plans include an aggressive marketing program which will provide sponsors with: publicity,
a mass media blitz of advertising andpromotions, specialpromotional events, on-site sign age and
cooperative marketing programs with national food manufacturers, grocery stores, radio and
print media.
TheTemeculaValley Balloon andWine Festival will take place Friday April 28, Saturday April 29th,
and Sunday April 30th. We are preparing for increased attendance of over 40,000 people.
Building on the popular "festival within a festival", the Temecula Valley Balloon and Wine Festival
will offer eight mini festivals--each with its own visual character and atmosphere: Wine Tasting,
Bal!oons, Musical Entertainment, Western Village, Kids Corner, Arts & Crafts Fair, Commercial
Court, and the Health Fair.
yesti' af A tractions
8 ~ni ~Festi~afs within a ~:esti-~af
~w,,~ ~'a~tin0
12 LocAL WINERIES OFFERING WINE TASTING ALL DAY AS WELL AS JAZZ MUSICANS
TO ENTERTAIN AND SET THE MOOD.
cBo. f[oorts
OvER 50 COLORFUL HOT AIR BALLOONS WITH A MASS ASCENSION, EvENING BAL-
LOON GLOWS, TETHERED BALLOON RIDES.
~,V~usicaf cEnteHainment
OvER 8 HEADLINER MUSICAL GROUPS ON THE MAIN STAGE BOTH SATURDAY AND
SUNDAY.
PROVIDES MUSIC, DANCING AND FOOD FROM THE OLD WEST.
cr-Las
wILL FEATURE A CIRCUS, GAMES, ANIMAL RIDES, PETTING ZOO AND ON-GOING EN-
TERTAINMENT.
Arts & C,-,qts
FAIR WILL FEATURE OVER 100 FINE ARTISTS AND CRAFTSMEN.
C ommet'ciaf Court
WILL SHOWCASE THE MERCHANTS AND BUSINESS IN TOWN, AS WELL AS TOURIST
INFORMATION.
cHeaftfi ~yair
/THE TEMECULA VALLEY BALLOON AND WINE FESTIVAL'S MOST POPULAR FEATURE
WITH OUR SPONSORS IS THAT I, VE OFFER A FESTIVAL WITHIN A FESTIVAL. WE BOAST
:: SEVERAL MINI-FESTIVAL AREAS EACH OFFERING UNIQUE AMBIANCE, FOOD AND
~ENTERTAINA, IE~VT/
A tendance 992-* 994
1992 16,000
1993 24,000
1994 35,000
Temecula Valley Balloon ~d Wine Fe~ival beg~ ~ 1984 * *~ojected a~endance Br 1995 is 40,000.
c])emoOrapfiics
A RANDOM SAMPLING OF THE AUDIENCE IN 1994 PROVIDED THE FOLLOWING STA-
TISTICS:
q sidentid P oj fe
RIVERSIDE COUNTY 56%
TEMECULA/MURIETTA 38%
REMAINING R.C. 18%
SAN DIEGO 18%
LOS ANGELES COUNTY 20%
ORANGE COUNTY 6%
Additional cDemoflrapfiic Statistics:
WOMEN
MEN
AVERAGE AGE
AVERAGE INCOME
AVERAGE GROUP SIZE
CAUCASIAN
HISPANIC
AFRICAN AMERICAN
ASIAN
OTHER
53%
47%
36 YEARS OLD
$43,300
3.1
62%
21%
9%
6%
2%
q dio d et'tisinO
The Tem ecula Valley Balloon and Wine Festival has arranged cooperative advertisingprograms for
Festival Sponsors which work in conjunction with our advertising budget. Sponsors can enhance
their exposure and marketing benefits by utilizing cooperative rates provided b.v these stations and
the Festival.
These stations have been chosen for market penetration, targeted demographics, and based on past
performance for the event.
KNX A.M. 10.70 NEWS RADIO
KNX dominates the drive time market for 35 to 64 year old adults in the Los Angeles and Orange
County markets. In 1994, the Festival, and KNX worked in conjunction with Galaxy Foods, Alta
Dena Foods, Estrella Mexican Cheeses, and RoWs Foods to enhance the wine fair venue and promote
the festival. Jim Thornton, the afternoon traffic air watch reporter, also served as the Festival's
honorary balloonmeister and provided air check-ins during the event.
KNX has designated the Temecula Valley Balloon and Wine Festival as one of three southern
California events promoted and artended by the crew of the Food News Hour. (Other events are the
Food News Cruise and Ports of Call Food Festival) This partnership provides added value for our
sponsors with cooperative advertising rates and Festival purchased advertising.
KLOS 95.5 FM
KLOS and the morning team of Mark and Brian are one of the top rated stations in the Southern
California. They dominate the adult 18-35 year-old market.
In 1994, Mark and Brian produced a four-hour live broadcast from the Festival grounds which
increased attendance figures, particularly for our entertainment venue. Plans for 1995 include
cooperative advertising programs, Festival purchased advertising time, and promotions.
ADDITIONAL STATIONS WHERE PROMOTIONS AND/OR COOPERATIVE ADVERTISING PROMOTIONS
WILL BE CONDUCTED:
KBEST 95 FM
KOLA 99.9 FM
KZLA 93.9 FM
KRTM FM 88.9 FM
KXEZ 100.3 FM
SAN DIEGO - OLDIES
INLAND EMPIRE ~ OLDIES
L.A./ORANGE COUNTY COUNTRY
LOCAL PUBLIC RADIO
COMMUNITY STATION
L.A./ORANGE COUNTY
For details, schedules and rates please contact the Temecula Valley Balloon and Wine Festival
(909) 676-4713
9-3tint Ad ert isin[t
The Temecula Valley Balloon and Wine Festival has arranged advertising programs with the
following publications :
PRESS ENTERPRISE:
Riverside County Publication
171,396 Daily Circulation
CALIFORNIAN:
Southwest Riverside County Publication
13,000 Daily Circulation
HOMEBUYERS GUIDE:
Southern Califorma Glossy Specialty Magazine
Targeted to Temecula Area Visitors and New Home Buyers
15,000 Circulation Monthly
BARGAIN BULLETIN:
Southwest Riverside County Publication
Direct Mailer - A Subsidiary of ABC/CAP CITIES
136,708 Circulation Weekly
ABC/CAP CITIES PENNYSAVER
Southern California Direct Mailer
1,256,231 Circulation Weekly
AUTO CLUB OF SOUTHERN CALIFORNIA
Southern Californian Travel Saver
Avenues and Westways
Combined Circulation:
50,000 monthly for Travel Saver
3.8 million monthly circulation for Westways
kdditionaf z d ertisin0 and v arketinO
CABLE TELEVISION:
Inland Cablevision will be conducting a contest throughout Temecula. Mumeta. Hemet and San
Jacinto. This contest is sponsored by advertisers and encourages viewers to enter the contest at
the advertiser's store. Winners receive a V.I.P. day at the Festival.
Inland has 40,000 subscribers in the TemeculaJMurrieta area. The Balloon and Wine Festival
contest and advertiser' s promos for the contest air on the following:
ESPN, CNN, TNT, USA, LIFETIME, MTV AND PRIME TICKET
This campaign exceeds 100 spots per day, over a three week period prior to the festival.
Over 100,000 ~yers are printed and distributed through various channels, including McDonalds
and major grocery stores,
GROCERY STORE PROMOTIONS:
In-store displays featuring the Balloon and Wine Festival and Temecula Wine County are
established one month prior to the event. In addition, fiyers are distributed as bag stuffers and
cooperative marketing with "bottle neckers" and in-store promotions are planned.
cO a[[e ponsorsfiip
$250 TO $1,000
+cBaffoon (Banner Sponsor
+(Bus (Banner Sponso,
-~Goff Cart Sponsor
· .~o~ Sponsor
+qnfovrrtation (Booth Sponsor
· +Souvenir (Bootfi Sponsor
THE ABOVE SPONSORSHIPS WILL INCLUDE THE FOLLOWING:
TICKETS TO THE FESTIVAL
VIP PASSES
VIP PARKING
TETHERED BALLOON RIDES
FESTIVAL SOUVENIRS
NAME RECOGNITION IN OFFICIAL PROGRAM
imar' ponsov
$1,500 TO $3,000
*~postev Sponsor
+cOqSp ff~nt Sponsor
Sponsor
+~iS~e-Sfiirt Sponsor
+q~ds qr, pfner Stal3e Sponsor
+eWestern Sta~e Sponsor
+~cket Sponsor
+~:ood Court Sponsor
+~r)vomotionaf ~vim Sponsor
+ovV~ne Cotass Sponsor
+5o-a~ StaOe Sponsor
+qn-~cind Sponsor
THE ABOVE SPONSORSHIPS WILL INCLUDE THE FOLLOWING:
TICKETS TO THE FESTIVAL
VIP PASSES
VIP PARKING
TETHERED BALLOON RIDES
FESTIVAL SOUVENIRS
NAME RECOGNITION IN OFFICIAL PROGRAM
NAME ON FESTIVAL FLYER (+100,000)
NAME ON ALL PRINT ADVERTISING
BANNER IDENTIFICATION WHERE APPLICABLE
COOPERATIVE ADVERTISING IS AVAILABLE TO ENHANCE YOUR MARKETING PROGIL~M.
THIS WILL INCLUDE 30/30 RADIO SPOTS ON THE FOLLOWING RADIO STATIONS:
KLOS FM
KOLA FM
KZLA FM
KBEST FM
KXEZ FM
KRTM FM
95.5 L.A./ORANGE COUNTY
99.9 INLAND EMPIRE
93.9 L.A./ORANGE COUNTY
109.5 SAN DIEGO
100.3 L.A./ORANGE COUNTY
88.9 TEMECULA VALLEY
For rates and information please contact the Festival office at (909) 676-4713
~-Commercio/Court
*cW'me ~air
+cOalIe,/C~ow
+(~2)ro~.am Co'~,er
+eWestern cOiffage
· ~U~.ain Stage
~-~ourism ~e.t
THE ABOVE SPONSORSHIPS WILL INCLUDE THE FOLLOWING.'
TICKETS TO THE FESTIVAL
VIP PASSES
VIP PARKING
BALLOON RIDES
FESTIVAL SOUVENIRS
ADVERTISMENT IN OFFICIAL PROGRAM
PREMIER EXHIBIT SPACE
NAME ON FESTIVAL FLYERS (100,000+)
NAME IN ALL PRINT ADVERTISMENT
BANNER IDENTIFICAION AT VENUE
RADIO ADVERTISING (30/30 SPOTS)
ICN'X KLOS
KBEST KZLA
KFROG KABC
KRTM KOLA
COOPERATIVE ADVERTISING IS AVAILABE TO ENHANCE YOUR MARKETING CAMPAIGN.
THIS INCLUDES 30/30 RADIO SPOTS ON THE FOLLOWING RADIO STATIONS:
KLOS FM
KOLA FM
KELA FM
ICNX AM
KBEST FM
KXEZ FM
KRTM FM
95.5 L.A.
99.9 INLAND EMPIRE
93.9 L.A.
10.70 L.A.
109.5 SAN DIEGO
100.3 L.A./ORANGE COUNTY
88.9 TEMECULA VALLEY
For rates and information contact the Temecula Valley Balloon and Wine Festival at
(909) 676-4713.
· BALLOON RIDES AND RADIO ADVERTISING ARE NOT INCLUDED IN ALL SPONSORSHIP PACK.~GES.
YOUR ORGANIZATION WILL PRESENT THE 1995 TEMECULA VALLEY BALLOON AND WINE FESTIVAL;
Your organization's name will be associated as the Presenting Sponsor in all printed material publicity, press releases and PSAs
distributed to over 180publications including newspapers, magazines, direct mail advertisers, radio and television news and enter-
tainme?it including:
THE CALIFORNIAN, PRESS ENTERPRISE. SAN DIEGO UNION, ORANGE COUNTY REGISTER. L4 TIMES.
BL4DE CITIZEN, OP~4NGE COUNTY NEWS, IRVINE WORLD NEWS, VICTORVILLE TRIBUNE, TUSTIN CITY
NEWS, ANAHEIM BULLETIN, FALLBROOK ENTERPRISE, TIMES ADVOCATE, CORONA NORCO
INDEPENDEN'I~, BARGAIN BULLETIN, PENNYSAVER, HOMEBUYERS GUIDE, AUTO CLUB, OP,~4NGE
COAST MAGAZINE, SENIOR HIGHLIGHT MAGAZINE, SUNSET, WINE TRADE, WINE ENTHUSIASTS, WINE
SPECTATOR, GOODTIMES GAZETTE, SKY MAGAZINE, WHERE MAGAZINE, KOREAN TIMES,
INTERNATIONAL TIMES, INL4ND VALLEY DAILY BULLETIN, FOCUS, TEMPO, ETC.
Ad-:ertksin~]:
CONDUCTED EIGHT WEEKS PRIOR TO THE EVENT IN THE FOLLOWING PRINT MEDIA:
· THE PRESS ENTERPRISE, THE CALIFORNIAN, THE BARGAIN BULLETIN,
HOMEBUYERS GUIDE AND ABC CAP/CITIES PENNYSAVER.
COMBINED CIRCULATION EXCEEDS 2 MILLION.
· FESTIVAL FLYERS (100,000+)
· RADIO GIVEAWAYS (2000)
· NAME ON OFFICIAL POSTER (CONTRACT MUST BE SIGNED BY SEPTEMBER)
· NAME ON COVER OF PROGRAM (10,000)
cl~dio AdYertisin~:
WILL INCLUDE 60 AND 30 SECOND SPOTS WITH 30 SECOND AND 15 SECOND DONUTS FOR
THE FESTIVAL RESPECTIVELY. STATIONS CHOSEN HAVE A REACH FROM VENTURA
COUNTY TO SAN DIEGO COUNTY. TOTAL AUDIENCE REACH EXCEEDS 3.5 MILLION.
RADIO ADVERTISING WILL INCLUDE SOME OR ALL OF THE FOLLOWING STATIONS:
KNX KLOS
KBEST KABC
KOLA KRTM
KXEZ KZLA
Additional (Exposure & Amenities:
FULL PAGE AD IN OFFICIAL PROGRAM
V1P PASSES
VIP PARKING
PUBLICATION RIGHTS OF FESTIVAL LOGO IN YOUR MARKETING PROGRAMS
BANNER AT ENTRANCE OF FACILITY
BALLOON RIDES
PREMIER EXHIBIT SPACE
OVERNIGHT VIP ACCOMMODATIONS BOTH FRIDAY AND SATURDAY NIGHT
-; (NOT EXCEEDING FOUR ROOMS)
TICKETS TO EVENT
~'~ ~ ~fc,~ision ~oraotions:
KABC-CHANNEL 7 NEWS 5:30PM AND 6:00PM
KNBC-TRAVEL NEWS HOUR
OCN-CABLE NEWS STATION
INLAND CABLE-VISION (ADVERTISING VALUED AT $10,000-PROVIDED AN AVERAGE OF
100, 30 SECOND SPOTS PER DAY.)
Tnmla Tom mciation
TO:
FROM:
DATE~
City of Temecula Community Service
Temecula Town Association
August 25, 1994
Funding Program Committe~
The Temecula Town Association understands that the City Staff
has been directed by City Council to develop a method for major
community events to obtain $10,000.00 sponsorships from the City
due to the superior promotional value of those events.
The Temecula Town Association has sta~ed the Annual Tractor
Race for 18 years. This event has been successful in bringing many
thousands of visitors to Temecula who readily sample our areas
hospitality and services. In addition the services and materials
purchased or rented by the Temecula Town Association to put on the
event stlmulate the local economy.
Our event draws from a very wide area within the State of
California as well as Arizona, Nevada and Utah.
The Temecula Tractor Race as well as the Rod Run are the major
events held within the City limits which have a proven track record
of promotional value. On the weekend of our event the tourism
trade fills the motels and restaurants and greatly increases store
foot traffic as the visitors purchase goods and services. Because
of these benefits to the City as a whole the Temecula Town
Association, as a non-profit charitable organization, requests
consideration for inclusion in the City's promotion/development
budget.
Thank you for your consideration.
RO. Box 435
Temecula, CA 92593
(909) 676-4718
Fax(909) 694-9216
Ternecula Community Center
28816 Pujol Street
Temecula, CA 92590
CITY OF TEMECULA
COMMUNITY SERVICE FUNDING PROGRAM
APPLICATION (Please Print or Type}
Amount Requested: $ 1 R / AAA
Project Name: Ni nPtPPnth Annna 1
Project Starting Date: Nnv~mhp~, 1
Project Ending Date: October 30,
ORGANIZATION'S BACKGROUND:
1995
Name of Organization: me~="ull To,.,n ~sEo~ittio~
Mailing address: 1~oct Of£ioc Box 435
Telephone: (909) 676 ~718
Number of paid staff ~
Geographic area(s) served m=rn~t~ ~ =
~ver~it]~ r"o~lDty, T.~S ~ngel~ rounty
(Vpnr]nr~ Alan rnrn. frnm AriTnnR ~n~ flf~h, a~ w~ll
Is this organization incorporated in California as a non-profit organization?
Yes × No
If "yes":
Date of incorporation as a non-profit_Lucjm.st 31.~_:J qn4
Year Founded 1 q?n
Number of volunteers
' q:=,. n~rJn Pnr, n~ry,
~ CBlifnrnia)
If "no":
Name of sponsoring organization
Its federal identification number
Its state identification number
application has been authorized by the organization's: Board o~ D~rectors
Executive Committee Board of Directors
Members-at-large
Federal identificati on hum bar 95 - 3741422
State identification number n- n q q ~ 4 ~ n
Include a copy of your statement of non-profit status from the State of California
AUG 2 5 La34
I
C
a o nla
OFFICE OF THE SECRETARY OF STATE
I, MARCH FONG EU, Secretary of State of the State
of California, hereby certify:
That the annexed transcript has been compared with
the record on file in tbi~ office, of which it purports to be
a copy, and that same is full, true and correct.
IN WITNESS WHEREOF, I execute
this certificate and affix the Great
Seal of the State of California this
AUG 3 11-0~4
SeeretanJ of State
NDORSED
FILED
Jls the ofRce ef the Secrelory el State
ef the State of Colj(orn~
AUG 2 9 1984
~ FONG EU, ~ of S~
~ ~MES ~ HA~'
CERTIFICATE OF AMENDMENT OF
ARTICLES OF INCORPORATION
OF
TEMECULA TOWN ASSOCIATION
Duane A. Balfanz, President and Patricia J. Patton,
Secretary cert~fy:
1. That we are the President and the Secretary, respectively
of Temecula Town AssOciation, a California corporation.
2. That the Articles of Incorporation of Temecula Town Asso-
ciation shall be amended to read as hereinafter set forth in full:
AMENDED ARTICLES OF INCORPORATION
OF
TEMECULA TOWN ASSOCIATION
The name of the corporation is Temecula Town Association.
II. PURPOSES
This cor~ration is a nonprofit public benefit corporation
and is not organized for the private gain of any person. It is
organized under the Nonprofit Public Benefit Corporation Law for
public and charitable purposes. The public and charitable pur-
poses of the corporation are to operate a nonprofit organization
for the preservation and maintenance of the town site of "Temecula",
the restoration and maintenance of the town site of "Temecula" and
to provide for the entire con~nunity, a community center and other
community facilities and services.
- 1-
III. ELECTION OF CORPORATION
This corporation elects to be governed by all of the pro-
visions of the Nonprofit Corporation Law effective January 1, 1980,
not otherwise applicable to it under Part 5 thereof.
IV. DIRECTORS
That the number of Directors of this Corporation shall be
seven (7) and the names and addresses of the persons who are
appointed to act in the capacity of Directors until the selection
of their successors are as follows:
R. J. REININGER
ROBEEl W. MAJESKI
BUD SCHROEDER
NELDA F. MAJESKI
DON J. ANDERSON
LEROY E. WOLVERTON
JACK A. BUCK
P.O. Box 326
P.O. Box 192
P.O. Box 126
P.O. Box 192
P.O. Box 254
P.O. Box 13
P.O. Box 831
Temecula
Temecula
Temecula
Temecula
Temecula
Temecula
Temecula
California
California
California
California
California
California
California
V. BYLAW PROVISIONS
%
(a) Directors. The manner in which Directors shall be chosen
and removed from office, their qualifications, power, duties, com-
pensation, and tenure of office, the manner of filling vacancies
on the Board, and the m~ner of calling and holding meetings of
Directors, shall be as stated in the Bylaws.
(b) Members. The authorized number, if any, and qualifications
of members of the corporation, the filling of vacancies, the dif-
ferent classes of membership, if any, the property, voting, and
other rights and privileges of members, and their liability to dues
and assessments and the method of collection, and the termination
and transfer of membership shall be as stated in the Bylaws.
VI. DEDICATION AND DISSOLUTION
(a) The property of this corporation is irrevocably dedicated
to public and charitable purposes and no part of the net income or
assets of this organization shall ever inure to the benefit of a7
director, officer, or member thereof, or to the benefit of any
vate persons.
- 2 -
(b) On the dissolution or winding up of the corporation, its
assets remaining after payment of, or provision for payment of,
all debts and liabilities of this corporation shall be distributed
to a nonprofit fund, foundation, or corpora=ion which is organized
and operated exclusively for charitable purposes and which has es-
tablished its tax-exempt status under Internal Revenue Code Section
501(c)(3).
(c) If this Corporation holds any assets on trust, or the
corporation is formed for charitable purposes, such assets shall
be disposed of in such manner as may be directed by decree of the
superior court of the county in which the corporation has its prin-
cipal office, on petition therefor by the Attorney General or by
any person concerned in the liquidation, in a proceeding to which
the Attorney General is a party.
VII. CHARITABLE PURPOSE
This corporatign.is organized exclusively for charitable pur-
poses within the meaning of Section 501(c)(3) of the Internal Rev-
enue Code of 1954.
Notwithstanding any other provision of these articles, the
corporation shall not carry on any other activities not permitted
to be carried on by (a) a corporation exempt from Federal Income
Tax under Section 501(c)(3) of the Internal. Revenue Code of 1954
(or the corresponding provision of any future United States In-
ternal Revenue law) or (b) by a corporation, contributions to
which are deductible under Section 170(c)(2) of the Internal Rev-
enue Code of 1954 (or the corresponding provision of any future
United States Internal Revenue Law.)
VIII. LIMITATION ON CORPORATE ACTIVITIES
No substantial part of the activities of this corporation shall
consist of the carrying on of propoganda, or otherwise attempting to
influence legislation, nor shall this corporation participate or in-
tervene in any political campaign (including publishing or distribu-
tion of statements) on behalf of any candidate for public office.
3. That the amendment has been approved by the Board of Directors
and the required vote of the members.
'PATRICIA J., PATTON,
Secretary
Declaration
Each of the undersigned declares under penalty of perjury that
the statements contained in the foregoing Certificate of Amendment
of Articles of Incorporation are true of his or her own knowledge
and that this declaration was executed on July 27, 1984, at
Temecula, California.
PAetal-y
- 4 -
STATE OF CALIFORNIA
'*'~.'-~NCHISE TAX BOARD
8,MENTO, CALIFORNIA 95867
h,,_ch q, 1985
P. O.BoX q35
2emscula0 CA 92390
In Xaply re:Ear to
3q2zAPP:KY:dhzg
Form o~ Organ~;ation z
Ac~ouzs~ing Period ~nd~ng:
Organization Humbox ;
Char:Ltable
Dicember 31
0S96~18
On ~he has.is o~ ~che in:Eo=mation submitted and provided your present
operations con~inue unchanged or conform ~o ~hoxe proposed in you=
application, you are axemp~ ~rom 2~2~2 ~=~nch~se or ~ncoma tax unde~
Section 23701d, ~evenua end ~Ix~tion Code. lny change In operation,
character or purpose o! ~ha organ~=~tion must b% reported lmmedlatal~
to this o~ice so ~h~ ue may determine ~ht s~act on your exempt
s~a~us. AnF change o~ name or address also mus~ be reported.
~re =squired to {ale Form 199 (Exempt Oxganization Annual
~ ormation Re~urn) or Form ~99~ (ZKempt Or~anizaticn Annual
. .ormation ~a~emen~) on or before the 1S~h day o~ ~he 5th month
|/2 months) a~te= the close o~ ~our accounting period. See annual
~nstru&~ions Nith ~o=ms ~,or requirements.
You $re not =equixed to ~ile state £ranchise o2 income tax returns
unlees ~ou hera income subject ~o She unrelated huxiness income tax
under Section 237~ o~ the Code. In ~his e~an~o ~ou art required ~o
~le Form ~09 (E~emp~ or~ani=atien BueineEs Income TaN ~eturn) b~ the
~h day o~ ~he 5th month (~ ~/2 months) t~ter the close o~ your
annual ecuoun~n2 period.
I~ ~he orgeni:etion is incorporating, this approval will aMpira unless
~ncorporation is completed ~th ~he Secretary o~ S~ate ~ithin ~0 days.
Z~emption ~rom ~ederml income or other tn~es and other state
requires separate applications.
COPY
~ch ~, 1985
~e~ecuZ~ ~o~n ~ssoc~a~ion
Corporate Hu~bez 0596~8
~he ~in~l d~ezAlni~£on let~e~ ~o ~he T~nchise ~x ~oazd Within 9
Z~s exerap~ion e~ee~ive as of Febzuszy S, 198q.
D. H~zeid, Supezvisoz
Central ~udi~ S~c%ion
City of Temecula
Community Service Funding Program
ADDlication Page 2
FINANCIAL STATEMENTS (Based on your organization's last fiscal year)
Balance Sheet as of
Asset
Cash and Investments
Receivables (detail)
,Tnn~ tr) t I clc~4
( See Attached Sheets )
Liabilities & Investments
Current peyables $
Notes Payable
Inventory
FixedAssets
Other Assets
Total Assets
Fund Balance
Total Liability &
Fund Balance $
.... ome Statement for the Year Ended g~ane 30
Income
Fundraising $
Foundation grants
United Way $
Government Funds $
Other sources $
1994 (See Attached Sheets)
Salaries $
Operating expenses $
Community services0
Amount sent to
national/parent
organization $
Other expenses $
Please note with an asterisk any amounts that require additional explanation, and comment on these items.
In addition, please attach the organization's most recent treasurer's report, financial statements and
footnotes. (It does not require a CPA's audit, but please submit if available.)
TEMECULA TOWN ASSOCIATION, P. 0. BOX 435, TEMECULA,
BALANCE SHEET'
[:,ATE POSTE[, : JUNE 30:. 1994
PERIOD ENDING: JUNE :3lZ~? !'P94
C:A · 92592
ASSETS
CURRENT ASSETS
CASH ON HAND
CASH IN BANK
TOTAL CLIRRENT ASSETS
100.00
Ii,9:E:5.20
i 2, O:E:5.20
FIXED ASSETS
EQU I F'MENT
LAND
BUILi:.INGS
EVEN]'' PROF'ERTY
LEASEHOLE:, IMPROVEMENTS
AUTO & TRUCK
OFF l CE FURN I TURE
E:OMMUNI TY CENTER
MISC. FIRE REPLACEMENTS
COPYRIGHT FEES
TOTAL FIXEL, ASSETS
24,625.5:3
100,78E..00
47,423.86
153,016.49
13,740.65
4,385.00
7,465.18
434,101.8:3
9,613.36
'797.007.90
OTHER ASSETS
INSTALLMENT NOTE
INSTALLMENT NOTE
TOTAL CITHER ASSETS
TOTAL ASSETS
L-':6,097. :S::_-':
106,121. '~'?
192,219.
1,001,312.97
LiABiLITIES
CLIRRENT LIABILITIES
FICA WiTHHELl-'
FWT WITHHELl:,
SWT WITHHELD
SIC:,Z WITHHEL[,
SALES. TAX PAYABLE
_r:.EPOS ITS
]'OTAL C:LIRRENT LIABILITIES
254.74
110.00
8.26
4:3.30
64.97
1,550.00
2, 0:31.27
LCING TERM LIABILITIES
LOAN-i:,AVII:, &: C:AROL CARSON
LOAN-r:,ENI:.'~ INVESTMENTS
I:,EFERRED GAIN ON LANI:.
TOTAL LONG TERM LIABILITIES
192,401. :B4
50,000.00
72, 6i.E.. 10
CAFI TAL
TOTAL L. ABIL!TIES
I
T'FA RETAINEr:, EARNINGS
INCOME PROF i T /LOSS
TOTAL C:AP I TAL
740, 5]0. _::'-]
'SE., -:..n~ ~ :" ~
'FOTAL LIABiLiTiES & CAPITAL
PREF'AREI:, BY: BIRDSALL' S
:315,067.94
:317,099.21
684,2i 3.7~
1,001,:312.97
BOOKKEEF' I NG SERvI CES
TEMEC:LJLA 'TC~NN L:A.
INCOME
[:'LIES
USAGE
USAGE- SEC:LIR I TY
USAGE -CLEAN I NG
TV F'RCiGRAi~I
RENT
M I SCELLANEOIJS
B I NGCi
BREAKOPENS
POOl:, C:C~PlPl I SS l ONS
B I NGO- P,11 SC:ELLANEOUS
DRIVER ENTRIES
PROGRAPl
SC~UVENIRS
VENDORS
TOTAL INCOME
F~3ST OF SALES
I NGO
JREAk:OF'EN6
~'11SC:ELLANECH.I6
TOTAL CCIST OF SALES
GRC SS PROF t T
~SSOCIATION. P. O. BOX 435, TEPlECLILA.
INCOME STATEMENT
C:ONSOL I DATED STATENENT
L,~TE POSTEI, : JLINE 30, 1994
PERIOD ENDING: JUNE 30? i994
CURRENT %
YEAR-TO-DATE
1. 020.00 2.9 2. 760.00
86.7.50 2.5 :E:, 2:E::3.10
.00 .0 66.0. o2
114.00 .3 1,149. Ot,]~
300.00 .9 !, 500.00
i, I75.00 3.4 4, :341.00
120.00 . :3 1 , 492.00
1:?., 778.00 54.0 96, ',~:02.00
10,0E::3.25 29.0 51,940.25
.00 .0 92.00
154.50 . 4 845.50
90.00 . :~ 90.00
1,605.00 4.6 2, E,E.O. 00
:32.4:3 . 1 902. ?:3
455.00 1..3 5. 970.00
34,794.6',B 100.0 179, 4E:8.20
.00 .0
I, 083.88 :3. i
.00 .0
1,063.88 3.1
33.730.80 96.9
1,062.41
4,317 · 45
154.82
5,534.68
17:3,953 · 52
4,6.
.4
. F:
5 :'_-.. 9
2R. 9
.1
.5
.1
1.5
:3.3
,6
2,4
,1
· 3, 1
96,9
EXPENSES
ADVERTISING & PROMOTION
BAD DEBTS
BANK CHARGES
BLEACHERS
C:ASH OVER/SHORT
CHILI CC,]K OFF
CONTRACT SERVICES
CONT I NGENC i ES
DONA T I [INS - SERV ICES
DUES ,'..~ PUBLICATIONS
EQUIPMENT RENTAL
! NSURANCE-GENERAL
LEGAL .%= PRORESSIONAL
L'iC:ENSES & PERMITS
hl I SCELLANEOUS
"eFF!CE SUPPLIES
RiNTING
PR I ZES -BREAKOPENS
PR 1 Z E$ - C:ASH
1,028.75 3.0
288.00 .8
4.24 .0
250.00 .7
17.25 .0
.00 .0
2,710.00 7.8
50.0ei .1
.00 .0
90.00 .3
15~.15 .4
590.79 1.7
200.00 .6
50.00 .1
1.89 .0
406.75 1.2
60.00 .2
7,246.75 20.8
13,978.00 40.2
1.043.75
384.00
39.24
250.00
E, 9.00
72.02
17,540.00
50.00
60.9:3
140.00
1,405.35
E:.230.07
2,024.00
50.00
103· 24
1,349.2:~
425.7]
38,523.00
72,567.00
.6
.2
.0
.0
9.
.0
.1
4.6
i 1
1
L::
2
21 5
40.4
TEMEC:LILA TOWN ASSOC:IATION, P. O. BOX 435, TEMECULA,
INCOME STATEMENT
CCINSOLIZ.,ATEI. STATEMENT
I:,ATE POSTE[:, : ..TUNE :30, ].994
PERIO[:, ENDING: JUNE :30, 1994
C A. Y 25 ~ :t
CLIRRENT "/ YEAR'- TO-'/:,A TE
F'RI ZES-NON-CASH 1 , 007.00 2.9 o: :]-'gE,. :L 2 3. ,::,
R. EF'AIRS &MAINTENANCE l, 354.85 3. 'B ?. ?52. '?{, 4.4
RENT 140. ¢0 · 4 42G. C_~0 .2
SECLiRIT~r 4:S5.00 1 · 4 2,412.00 ].
SET-UF' .00 .0 (35.00! ,.
SHERIFF ' S j[:,EPARTMENT 180.51 .5 1.2:27. '.B5 . 7
SOUYEN I RS 12S. 25 .4 54:3.25 .
SUPPLIES 429.7:3 I. 2 2,20:3.04 i. 2
TAXES-PAYROLL .00 .0 E, 35.9:3 .4
TAXES-PROPERTY 614.90 i. 8 E, 14. 'BO . :_'-:
TAXES-OTHER .00 .0 13I. 00 .
TELEPHONE 239.72 .7 :=':52.08 · 5
TRASH I:,ISF'OSAL 157.48 .5 I, :-':73.87 1.0
TV-RROGRAM · 00 .0 1, E, 80.00 · 'B
LITILITIES 84:3.45 2.4 5. 299. ~Z~7 3.0
WAGES i, 132.00 3.3 ~,, 1 i:E:. 00 .2',. 4
TOTAL EXPENSES :33,841 · 46 97..3 182,760.46 101 ·
ORERATING INCOME (LOSS) (110.66) <. 3) (S. :=:06. B4) ~4.9)
OTHER INCOhlE
INTEREST INL'-OME 7.05 .0 ~=:3.90 .0
TRLIST INTEREST INCOME 2, E,'.B~.. 63 7.7 7, 5:E:4.64 4.2
iNSLiRANCE REIMBURSMENT 3, :253.60 9. E, 3. 353.60 1. S
'FOTAL CITHER INL':O~dE E,,047.28 i7.4 ii,022.!0 c:,.1
OTHER EXF'ENSES
iNTEREST EXF'ENSE
LOAN FEES
RREVIOUS Y'EARS EXPENSES
C:BDG WRITE OFP
TOTAL OTHER EXPENSES
NET INCOME
i, 630 · 00 4.7 '?, 9:32.74 5 · 5
· 00 .0 I, E. 00 · 00 . '?
:305.04 .9 45, 14:3.87 25.2
· 00 .0 1,8:35. ~Z,',?. i. 0
1,9:35.04 5. ~. 58,512.2 'B :32.6
4,001.58 11.5 (SE,, 297.13) (:3i. 4)
RRERAREI:, BY: BIRDSALL 'S BOOI<kZEEF'Ir,li'3 SER"-"iEE---
City of Temecula
Community Service Funding Program
Application Page 3
Your 0rganization's Mission:
Briefly describe the goals and objectives of your organization and the major community services it provides.
Include discussion regarding the specific ways your organization meets the City's criteria listed on I~age 2.
(See Attached Statement)
T cula Tom Auociatiou
ORGANIZATION'S MISSION
Our mission is spelled out in our Articles of
Incorporation as a (501(S)(3) Non-Profit Charitable
Organization. I~ney state specifically that our purpose is to
preserve the place name Temecula (accomplished), to promote
and maintain the circa 1890 architecture in Old Town
iongoing) and to provide and operate a Community Center and
other community facilities and services.
We have provided major community services through our
annual events. scholarship awards. and providin~ free use of
the Community Center to the City of Temecula for City Council
meetings. City Commission meetings, Community Services
activities, County and State agencies, School functions and
Sen~or Citizen activities and many more.
EO. Box 435
Temecula. CA92593
(909) 676-4718
Fax (909) 694-9216
Temecula Community Center
28816 Pujol Street
Temecula, CA 92590
City of Temecula
Community Service Funding Program
~pplication Page 4
Project(s) needing funding
How will your organization use any funding awarded? Give the project's objectives, number of persons
served, area where services are provided, and number of volunteers involved. Be specific. Note any
equipment or services that the award money would purchase and why it is needed. Please include a detailed
budget and a schedule of significant activities related to this project. Please attach a maximum of one
double-spaced typewritten page of information if you need to expand your answer beyond this space.
(See Attached $heet}
City of Temecula
Community Service Funding Program
Application Page 5
We hereby certify the information contained in this application is true to the best of our knowledge and
belief,
(Sign both if same)
AND
NAME AND TITLE (Please Prim or Type)
~'~ignature and tile of individual preparing application form)
JOHN STERLING
PRESIDENT
NAME AND TITLE (Please Print or Type)
ture and title of President or Authorized Officer)
TEMECULA TOWN ASSOCIATION
(Organization Name)
28816 PUJOL STREET
TEMECULA, CA. 92590
(Addressof Organization)
676-4718 AUGust 25, 1994
~elephone) (Date)
Return Completed Application to:
City of Temecula
Finance Department
Community Service Funding Program
43174 Business Park Drive
Temecula, California 92590
(909) 694-6430
ITEM 34
TO:
FROM:
DATE:
SUBJECT:
Prepared By:
APPRRO~~
' CITY ATTORNEY
FINANCE OFFICE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Gary Thornhill, Director of Planning
November 15, 1994
Roripaugh Ranch Specific Plan Density
John Meyer, Senior Planner
RECOMMENDATION: Review and Provide Direction to Staff
BACKGROUND
This item was last heard by the Council's at its October 11,1994. It has been placed on this
agenda at the request of Councilmember Parks. Attached for the Council's review is additional
correspondence from the applicant and property owner.
DISCUSSION
This item received moderate discussion at the October 11, 1994 meeting which resulted in
two separate motions, both of which failed on a two-two vote. No representatives of the
project applicant were present at the meeting. Additional material provided by the applicant
re-states their position that the intent of the General Plan and the Council to grant the subject
project a density of three gross dwelling units per acre. Staff has rewewed the new material
and consulted with the City Attorney. Based on this, staff has not changed its position frorr
the last meeting. Should the Council desire to assign a higher der. si:y to the subject project,
please direct staff in the manner in which the density should be calculated. If the Council
desires to retain staff's recommended calculation of density, the pro!ect proponent should be
advised to apply for a General Plan Amendment.
Attachments
City Council Minutes, October 11, 1994 - Page 2
Letters from Applicant and Property Owner, October 19 and
October 20, 1994- Page 3
Staff Report, September 27, 1994 - Page 4
Letter from The Keith Companies to the Director of Planning. August 30, 1994 -
Page 5
Staff Letters Dated July 18 and August 15, 1994 - Page 6
Excerpts from City of Temecula General Plan - Page 7
R:\GEbrPLAI~ROP, I~AGH.CC3 11R/94 sdl
ATTACHMENT NO. 1
CITY COUNCIL MINUTES, OCTOBER 11,19ed4
City Council Minutes October 11, 1994
It was moved by Councilmember Parks, seconded by Mayor Pro Tern Stone to extend the
meeting until 11:30 PM.
The motion was carried by the following vote:
AYES: 3 COUNCILMEMBERS: Parks, Stone, Roberts
NOES: 1 COUNCILMEMBERS: Birdsall
ABSENT: 1 COUNCILMEMBERS: Mu~oz
RoriDauah Ranch Soecific Plan Density
Senior Planner John Meyer presented the staff report.
Councilmember Parks stated he met with Roripaugh homeowners and the density
change would only address Roripaugh Ranch and does not apply to all areas of the
specific plan. Planning Director Gary Thornhill stated the applicant thought he was
receiving three gross units per acre. He stated he was advised by the City Attorney
that a General Plan Amendment would be necessary to facilitate such a change.
Mayor Pro Tem Stone stated he would not be in favor of granting this exception.
It was moved by Mayor Pro Tern Stone, seconded by Mayor Roberts to retain the
density at three dwelling units per net acre.
The motion failed by the following vote:
AYES: 2 COUNCILMEMBERS: Stone, Roberts
NOES: 2 COUNCILMEMBERS: Birdsall, Stone
ABSENT: 1 COUNCILMEMBERS: Mu~oz
It was moved by Councilmember Parks, seconded by Councilmember Birdsall to
continue the item to the meeting of November 15, 1994.
21.
The motion failed by the following vote:
AYES: 2 COUNCILMEMBERS: Stone, Roberrs
NOES: 2 COUNCILMEMBERS: Birdsall, Stone
ABSENT: 1 COUNCILMEMBERS: Mu~oz
No action was taken as a result of a 2-2 tie vote.
Minutes\ 10\I 1 \94 - 13- 11/07/94
ATTACHMENT NO. 2
i"rERS FROM APPLICANT AND PROPERTY OWNER
OCTOBER 19 AND OCTOBER 20, 1994
October 19, 1994
ROYAL-CLARK DEVELOPMENT CO.
280 SO BEVERLY DRIVE. SUITE 207
BEVERLY HILLS, CALIFORNIA 90212
(310) 278-0448
FAX (310) 550-1910
Mr. Gary Thornhill
Mr. Saied Naaseh
CITY OF TEMECULA
43174 Business Park Drive
Temecula, CA 92590
Roripaugh Ranch Specific Plan Density
Formal Request to be placed on 11-15-94
City Council Agenda
Gentlemen:
By way of this letter, we formally request to be placed
on the November 15, 1994 City Council Agenda. The purpose
of our request is to have the council clarify what appears
to be differing interpretations of the General Plan as it
applies to this property's density. Our position is that
Council clearly acted in August of 1993 to provide for three
units per gross acre partially in appreciation of the
significant amount of infrastructure that must be provided.
In the meantime we will be meeting with staff and Council
members and providing information in support of our inter-
pretation.
Also, please be aware that it is vitally important that we
see the Council no later than the 15 of November. It may be
that only the exact Council that adopted the General Plan
could provide the clarification that we seek.
Your help in this matter is greatly appreciated.
General Partner
GRC Development Company
TFC:ph
CC; Mr. Leo Roripaugh
Mr. Sanford Edward
The Keith Companies
Mr. Gary Thornhill
Mr. Saied Naaseh
October 20, 1994
Page 2
We were not informed that the project &oplicant was having difficulties with staff regarding this issue until
after the Septemeber 27, 1994 staff report had been released. Given that we had already reviewed this
matter with the Council in 1993, our preference was to resolve this on a staff level by having the City
Attorney review the facts. Apparently, the matter was brought before the Council on October 11th. We
now look forward to providing you and the Council with additional materials and then, if necessary.
resolving this issue at the November 15, 1994 meeting.
Thank you for your cooperation.
Sincerely,
RORtPAUGH RANCHES, INC.
Leo~oripaug~
MASTER PLAN DEVELOPMENTS, INC.
Sanford Edward
SE/cb
Enclosures
CC:
City Councilmembers
Mr. Peter Thorson. City Attorney
Mr. Thomas Clark
MPD
MASTER PLAN DEVELOPMENTS
Via Facsimile and U,S. Mall
AuOust 20, 1993
IW. Gan/Th~Ttill
14'. John Meyer
CITY OF TEMECULA
43174 Business Park: Drive
Temecula. CA 92590
RE: Draft General Plan Land Use Designation
Roripaugh Ranch, 800 acres
Gemlemen:
We are writing to corn the City Council's August 17, 1993 decision regarding the RoriOaugh Flan~ and
the Citys Dralt Genera Ran Land USe aesignmion. At the meeting, we requested an overall demity of
2400 units (3 un~ Der a:~'e) sut)ject to an alX3roved Specific Plan. To ol3tmn that density, we asked ~r
land use areas to De gNen a Low Medium designmjon, and tha~ the rex1 for ttte Ant~pmed Land Uses De
mended to inciude Low Medium.
It is our understanding thet the Council agreed to our reduest, providing we calX)ed our density a~ the
2400 unit level. We were hesitant to eataDlish an al)so~ute calling short of a Stoecific Plan analysis. hUt
once we were informed thm overall target denStins inco~:x)rate a ten pement (10%) margin factor, we
readily agreed to the request of Council and Sift.
We would like to meet with Staff regarding the final sub-area land use designations. We will cornact you
soon and recluest a meeting towards this end. Thank you for your cooOeration.
Sincerely,
MASTER PLAN DEVELOPMENTS,
Sanford Edward, President
INC.
SE/cD
CC Leo Roril)augh
Tom Cla'k
[H \c~piirl L'cntcr Drl~c Suite 2 ) I · \cx~port Beach. CA 92661) · i7141 729-1500 · Fa\ 17 I-h 4~'..)-2752
Friday October 21,199~, 9:5/,am -- From ,3105~01910' -- Page Z~
SENT BY: 10-21-1M; 9:4~; ~ ~I~, ~-- ~;~ 2/10
ROYAL-CLARK DEVELOPMENT CO.
280 SO. BEVEKLY DRIVE, ~J~..- 337
BEVERLY HILLS, CAUFORNU~ 90212
(310) 278-044~
FAX (310) 550-1910
October 20, 1994
Mr. Gary Thornhill
Mr. $sied Nuseh
City of '~emec~
43174 ]Business Park Drive
Tene~d-, California 92590
Re: Roripaugh Ranch Spcci~c Plan Density
Gm~emem:
Regarding the City Council hearing of Tuesday, October 11, 1994, it was indicated by some
Councilmembers that ~ey would like to see some substantiation supporting our claim th~
three units per gross acre is necessaty to make the project __,~,_nomically viable. To that end,
w= offer, for your con~dcrmion, the following points describing the economic r~+l~es of the
project that w= face.
II
Fhstly, it should be noted daat we are prcsc, ntly burdened with having to pay
tax assessn~ents to Asse~saient District 161 for fac~t~es and pubtic
improvements from which we will not benefit or for facilities that are now not
schedul~ to be built.
Additionally, as presented lest year during the General Plan hearing we ate faced with the
respomu'bility of making serveral very costly off-site and on-sit~ infra.fa'~lctlafe and public
facUiljes improvements as required to impleme~xt the City~ General Plan. Ther,~,
hnprovoments include the following:
Muftieta Hot Springs Reed will need to be improved off-site to at least Pouroy
Road, possibly to Buttedleld Stage Road, without any assistance from
.A~;..,ent Distxict 161;
Butterfield Stage Road will need to be improved off-site from Rancho
CAlifornia Road to Ihe project site without any City participation or landowner
reimbursement agreements in place at this dine;
,Frlaay 0ctot)er 211 1~9/, 9:54am -- From #3105501910' -- Page 51
~ BY: 10-21-~; 9:4~; ~ ~I~, ~.~ 90~;~ 3/10
A Connnuaity Park, in hnplemcnte~on of ~he City's Mas.r Plan for Parks, is
required to be bin'It on-site;
me
A Middle School site and Elemettary School site are proposed withirt the
project site, pres~atly without any a~reements as fee credits available to
against the $10,000.00 per unit school fees tlutt are required to be paid;
Over 100 acres of open space is being otfared to be d~dicaled to the Riverside
County Habitat Consennttion Agency;
Off-sit= water, st-w~r and storm drain improvements wiffiin Muftieta Hot
Springs Road, Butterfleld Stage Road and the Nicolas Vadley arrx
As sta~d earlier, wida the exception of the Elementary School site, all of the improvements
ideag/ied above are called out in the City's General Plaax and are to s~ve and ben=fit a much
larger population than just the Rodpnx,~h Ranch community. It should be noted ~at in the
public hearings of last year, Councilman Parks reaffmned our need for three units per ~ro~
acre so a~ to be *able to pay for the improvements that we would have to put
We believedrot the und~,~landing, intent and action of the Council last year was to destEn*re
the Roripaugh Ranch at a density of three units per gross acre. This is borne out in Council
providing *additional direction" with the Gcncral Plan that Koripaugh Ranch "shall not exceed
an average of ~ree units per acrc'. We arc .~l~in~ now that that position be recon~rmcd and
that staff and City Attorney be directed to make the appropriate adjustments to the General
Plan to clarify the issue.
h should also be noted that we are not requesting ~hnt the method for calculm~ng density be
changed for the cotire City of TcmecuL~ We are requcs~ng that the "additional dincti~n"
that was g~ven specifically to the Roripaugh Ranch property be clarified. Our request has no
affect on any other property within the immediate area or the City of Temecula. We believe
that Council has the authority a~d the abfiity to make the necc~m7 clerical changes to the
General Pin doctmmnt as a "clean-up* measu~. The only modification to the General Plan
document would be the changjug of one part of one sentence that relates Only to Roripaogh
Ranch in Tablc 2-9, on pa~c 2-40 from *average* to 'gross*, as reiterated below:.
' .....aid sl~'l not e~ceeed ~. av4tr,_ga of th/ze dwelling units pet~ acre; .......
Hopefully we have idealifted the economic rmdilias that necessitated our request for three
traits per gross acro at last year*s General Plan he3rings and that continue to face us today. If
we can offcr any clarification to any of the points includcd herein, please do not hesitatc to
call me at any time. Thank you for your ~++m~fion and consideration of this important matter.
Endoscd for your informalion is some background material that substantiates our position that
the intent and action of City Council last year was that Ro~paugh Ranch was to be dcveloped
IFriday October 21, 1~94 ~:S&am :: From ,3105501910' -- Page
SE~T BY: 10-21-~; ~:45~; ~ I~15.~, ~.- ~0~6~,6~77;# 4/10
On~ a~in, lhank you for your s.ss~us~,ce.
Sincerely,
General Partner
GRC Development Company
Mr. Leo Rodpaugh
Mr. Sanford Edward
The Ked~ Con'~oades
~ BY: 10-21-84; cJ:45AM; SAil, REISS, 5,-, 9096946477;# 5/10
ROR1PAUGH RANCH DENSITY l,qStrE
Although quite uncommon, the Temecula General Plan
does establish density using net acreage... we axe not
arguing that point ....
We do contend that the City Council did give
"additional direction" to various Specific Plan
parcels, including Koripaugh Ranch...
That "additional direction" is in addition to the rest
of the General Plan in that it is tailored to the unique
situation of the property to which the "additional
direction" is given..(Councilman Parks, 8/17/93,
concurred that we "need flexibility ..... to allow
higher densities in certain areas to pay for all the
improvements that you are going to have to put in."
THAT "ADDITIONAL DIRECTION" MAY, BY
ITS VERY NATURE, BE DIFFERENT THAN
THE DIRECTION GIVEN TO OTHER
PROPERTIES WITHIN THE CITY OF
TEMECULA...COUNCIL HAS THAT
AUTHOR1TY .....
Tr_nnscrlpts'of the August 17, 1993 City Council hearing
(attached) clearly show that the landowner representative,
City staff and City Council were con.qidering (AND CITY
COUNCIL APPROVED) a request for 3 units per gross
acre (i.e. "overall" and "over the entire property")
3. l~sncho Bella Vista/Mountain View
At the same Council hearing, Larry Lynch, spe.lcing
for the property directly acjaccnt to Roripaugh
Ranch, asked for confirmation that the Specific Plan
was to be adopted into the City General Plan as is,
i.e 3 units per g~_oss acre...; STAFF CONCIJRRED.
4. Johnson Kanch
PIning staff concurs that Johnson Ranch, located
adjacent to Roripaugh Ranch, was given direction at
1.5 units per gross acre
The term "average" is used in the General Plan (Table 2-
9, p. 2-40) as part of the "additioval direction" given to
specifically to Roripaugh Ranch
The Planning Director has stated that that language
would indicate that the General Plan, IN THAT
PA_P~TICULAR INSTANCE, is dealing with GROSS
acres...If it does not mean average of 3 units over
the entire property...what does it mean? and why is
it used nowhere else in the General Plan?
As it relates to the September 27, 1994 Staff Report for
this matter, Council does have the authority to establish
specific direction to particular properties...Council did it
last year in the General Plan process when it gave
"additional direction" to various Specific Plan areas,
including Roripaugh Ranch .... A GPA is not required to
clarify Council's intent as it relates to this property.
Friday OctoDer 21, 1994 9:54am -- From '~105501910' -- Page 7I
~ BY: 10-21-~; ~:4~; ~ ~!~, ~.~ ~;~ 7/10
Transcript of the Temecula City Council Hearing of
August 17, 1993
Hogs:
Request to rcopcn the public hearing to consider Ann 5, Nicohs Valley, and
reeve public testimony
Mayor.
Public he:ring is reopened on Nicohs Valley, Am 5. We do bye three
requests to speak.
S. Edward-
My name is Sanford Edward, 110 Newport Center Drive, representing
Raripangh Ranch inc. Mayor, councilpe~ons, we are eaentia!ly a, klng that
have a little deanup. Roripaugh Ranch is parcel no. g, the large pared on the
screen. ~e hve two requesu. One revolves around the entire gO0 ac~s. The
other revolves around jtmt the panhandle, which is 160 acres.
Mayor:.
It should be noted that the panhandle uea is in the City and the othe~ par~ is
not inside the City, but within the Sphere.
S. Edwaa:
Coma. Staff recommended to the Planning Commission that the land use
be designated at 3 units per a~re overall. That was staffs recommendation.
But the Planning Commission basically deferred and said the preferred to
hav~ the landowner come in with a Specific Plan. We are in ag~emcnt with
that. But then, subsequent to the Planning Commission, at loold, g at the
maps and anticipated land uses, we are going to be precluded from the
opportunity of coming before you at a later date with a Specific Plan and EIR
that would mitigate any issues that would essent'nlly allow us to develop at 3
units to the acr~ So, in order to be able to do that, and not have to ask for
a General Plan Amendment, we're requesting that one land use category be
added to the anticipated land use, and that's the Low Medium land use.~.and
that a couple of the areas which have a 0 - 5 degree slope be changed to a LM,
Low Medium land use. All that wB! effectively do is allow us, when we do
come back with a Spccific Plan, to try to get that overall 3 units per acre,
which surf did recommend, and to be able to do so without having to go
through a Gcnenl Plan Amendment.
Mayor.
Does staff agree with the conclusion of the speaker with respect to the impact
of that r~quest? Do you want that repeated?
G. Thornhill:
I heard most of it. lt's hard to relate it m the kind of area that he's
talking about. Thaes the only problem I have. How much of the
property os h the 0 - 5% slope arca?
l
~ BY: 10-21-~J4; 9:47~; ~ ~1~, ~.~ 90~;~ 8/10
On the kagc 640 acre parcel, I'd say approximately 40 to 50%. If we ,s~te to
devdop, quotdunquote, at the m.'t~mum allowable designitlons, acoonfmg to
the map as it exisu right now, we would end up with approximately 1000 units
on 800 acres, which would be fir short of even staf~Ps n.'eommendasion of 3
uniu per acre. We basigally have 2 land use categories on the map as it exi:ts
now. Tlut's Hillside Residential and Low Res;dmtlaL
G. Thomh:'l]:
'l~is iS the first time that I am aware of this one. Did you write John
0aleyet) a let;c~?
S. Edgtrd: Yes. I think that's whcre wc arc sufferlag from John's absence. We~atehi,n
on both June 11 and July t4.
G. Thomhm--
I remember the other properties, but not this one.
Mayor. Does staff need more timc to sit down with the applicant?
G. Thornhill:
I think we need to report hack to the Council on this. Unformn.~gely,
Mr. Meyer had a conversation that_.information..~(inau&'ble)
Mayor Do you have a problem with that?
S. Edvlrd: No, I don't have a problem with that
Mayor.. Does Council have a problem with that?
P. Birdsall: No. 8, then, wc are going to take out of this bunch. Is that correct?
RighL
G. Thornhill:
[ think. conceptually, I don't have too much of a problem with this
because of the slopes involved. Usually, you can develop at those
densities on those slopes, but.. (inaudible)
This will come back as a Specific Plan?
G. l~homhilh
Absolutely.
You want some timabillty in the Specific Plan to allow some little bit higher
densities in certain areas so you can pay for all the improvement, you are
going to have to put in.
S. Edgu'd: Exactly. We don't anticipate going beyond the 3 units per acre, but, as you're
suggeating, there may bc some areas where development will take phce :~ a
2
10-21-94; 9:47AM; SALL REI&$, ES~.~ 9036~a,6477;~: 3/1.0
Mayon
S. Edward:
Mayor.
larry I .yuch:
L Lynch:
Mayor.
R. Stephens:
]Vlay'or:
D. Hogan:
much lower level But if we don't have the ~cxibillt7 in the arms that have less
slope to get the density back, effectively the property won't be developable.
Thcres on last issue, which is the second one, rll just rmmdon k in passing,'
and that relates to the panhandle. That fight now has a c,,,,~at Assessment
Disz~a ~ which is locked in at a basic rate. And we want m get the
underlying maps It, conform to that Assessment District nt~. That is
something we had discussed ~ith staff and they told us it ~ an overall policy,
but this was one particular instance where they didn't realize it vra.s citing
and we wenm't able to pick it up.
OK. Again, I think perhaps thaes an issue that be further developed with surf
and then when it comes back, we can address the total package.
Thank you.
Th~nk you very much. L~tvy Lynch addressing No. 61.
Representing DL Equities, owner of Rancho Belh Vis~ I want to confirm
that the Specie Plan, as adopted by the County', is to be *adopted, as is" as
part of this General Plan.
Szzff is nodding affirmativeb/.
(Not appficablc)
Richard Stephens, addressing Rofipaugh Ran&.
Piehard Stephens, The Kcith Companies, representing Gentry Homes. We are
in agreement with Mr. Edward's request. It'd llke to aL, o remind you that the
site has numerous cmvironmental constr~nts and giving that little higher
density allows for much more fle.va'bz'liry in !and phnnlng or crcativc solutions
to problems.
We did have one question, and that was the significance of the exhibit with the
red coloring. It looks like, perhaps surf can ehrify this, that there was a
request made on the ske for a Speci~c Plan designation that was denied. Am
I misinccrprcdng the significance of this cchibit?
Mr. HoKan?
Yes. Thaes not a denM of a Specific Plan. That map only depicts the diffenmt
land use rcquesu we havc received and whether or not there was a
reeommendatlon to support it or oppose k. So, when a property owner comes
in. he would be able to identify the property and identify what staffs
Fric~ay 0ct~Der'2~ ,~994 9:5~,am -- From '~105501910' -- page {Oj
SENT BY: 10-21-~; ~:48~; ~ ~1~, ~,- ~0~77;~1Q/10
EL Stepb~,~-
Mayor:.
D. Hogan:
Mayor:.
S. Edward-
Parks:
S. Edwaxd:
IL Jackson:
Mayol~.
recommendation was ~ithout havhsg to look through a rather complicated
nlatriX.
Tb~,le you. All right, we have no other requeats to speak on tl~ group. Dave,
do you want to proceed?
Starting._ rm going to give the introduction to all thc properties included in
here- And ['11 mention Item No. 8 as a matter of course, as the C~mneir$
position on that has already been made clear. One Moment.
The orlginal general Phn for that area showed a combination of Open Spar. e,
Hillside resldential and Low Density Reaidentisl. They requested Open
I Iillside Residential, Low density and Low Medium density residential so that
the total average density on the project would increase to 3 units per acre.
After some discussion, Sta~ doesnat have any problems with making a dxage
in had use density, with the uuder.~t:mdlng that the final density of the project,
for the entire area, will not exceed 3 units per acre. We'd h'ke to make that
recommendation to Council
OIL Does the applicant feel OK with that, just for the purlms,'- of moving
along?
Yeah, that sounds good on the surface. I thought, prior to this, that the
understanding ~ that staff wanted us to come in with a Specific PLan. And
my concern is, let's say it saya we can yield 3.1 or something h'ke that. I hate
to lock myself into a ceiling tight now. Like anybody involved in the process,
thete's alway~s give ~md take and it seems h'ke I'm giving fight out of the chute
and I don't even know what the ramifications are. So, I would ask for
clarification just to be contingent upon the Specific Plan and rll get hammered
then. I'll get beat up late.
I think we need to have a target dcnfity though. We need k for
trdfedeirculation, for all the other elements we have to deal with in the
General Pha. And to me, we're changing from 2 to 3, and that seems to give
you a lot of flexability.
OK, alright, fair enough.
Minor modifications of 10% one way or the other, which will give him 3.1, if
that is a concern.
Alrlghr, I think we have agreement and conenrrenee.
4
ATTACHMENT NO. 3
STAFF REPORT, SEPTEMBER 27, 1994
TO:
FROM:
DATE:
SUBJECT:
· APPRO~
CITY ATI~'_ORNEY
FINANCE OFFICER
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager~7
Gary Thornhill, Director of Planning
September 27, 1994
Roripaugh Ranch Specific Plan Density
Prepared By:
John Meyer, Senior Planner
RECOMMENDATION:
Review and Provide Direction to Staff
BACKGROUND
The property owner representative and the specific plan applicant have requested that the City
Council make a determination on the density of the subject specific plan proposal. The
Planning Department has been working with new applicants of the subject Specific Plan since
May, 1994. A formal planning application was received in August, 1994,forthe Specific Plan
and Change of Zone. As previously stated, calculation of density has been an ongoing issue
surrounding this project. Specifically, whether the 3 dwelling units per acre, as setforth in the
General Plan is a gross density versus a net density.
During the General Plan's public hearing process before the Planning Commission, a property
owner representative requested that Roripaugh Ranch be granted an overall density of 3
dwelting units per acre. Staff concurred with the request but the Commission ultimately set
the density at 2 dwelling units per acre. The Commission felt that the City would be better
served if an increase in the density was considered concurrently with a Specific Plan proposal.
Before the City Council, the property owner representative again requested that Roripaugh
Ranch be granted an overall density of 3 dwelling units per acre. At its August 17, 1993
meeting the City Council granted the applicant's request.
DISCUSSION
When the General Plan was revised to reflect the changes made by the City Council (Pre-Final
Edition, December 1993) the Key Objectives for Roripaugh Specific Plan (Table 2-9, Land Use
Element, page 2-40) stated:
"To develop a master planned residential community that
provides a variety of housing types suited to the terrain and sha//
not exceed an average of three dwe//ing units per acre; grading
that is sensitive to natural landforms: and developrqent that
protects sensitive natural resources of the area."
The broperty owner's representative and the project applicant interpreted the term "average
density" as to mean gross density over the entire 790 acre site.
Shortly after meeting with the applicant in May, staff provided a follow-up letter outlining the
steps that would be used by the Department to process the Specific Plan application. Based
on a request from the applicant, staff wrote a letter On July 18, 1994 (attached for the
Council's review), referencing the density, as stated above, and indicating how the General
Plan provided for the calculating of density,
Section IV.A.1 of the Land Use Element (page 2-23) states:
"The maximum density defines the maximum number of units per
net acre at which development can occur within a given area.
Net acre is defined as the gross project or lot area, less that
portion of the site to be used for the following: arterial, major,
secondary and collector roads; and the floodway portion of a
floodplain. Determination of precise density, development
location, and tot coverage on any residential property is a
function of:
Opportunities and constraints presented by natural, cultural or scenic
features;
Policies and implementation programs of the General Plan intended to
maximize public safety; achieve high quality site planning and design;
provide sufficient levels of public service; retain significant natural
resources; ensure compatibility between uses; and encourage
development of Village Centers;
Building and development standards contained in the Development Code.
public works standares. and other regulations and ordinances."
Subsecluent to receiving this let"ter, the specific plan application was submitted to the Planning
Department. Again the preliminary maximum unit count was based on a gross acre density
calculation. On August 15, 1994 another letter was issued by the Planning Department
indicating that this was inaccurate and inconsistent with the General Plan.
CONCLUSION
The owner's representative and the specific plan applicant felt there was sufficient
discrepancy in the record to warrant the City Council review of this issue. As a result, staff
agreed to bring the issue before the Council. Staff believes the language under the Key
Objective for the Roripaugh Ranch Specific Plan does not contradict other portions of the Land
Use Element and that calculating density is stated in a strait forward manner based on net
density.
Should the Council wish to revise the manner in which allowable density is calculated, it
should direct staff to bring back a General Plan Amendment to revise the text of the General
Plan. Such action will affect how density is calculated on a community wide basis.
R:\GE,NPL.AJ~ROR.J]:eAGH,CC 9/19/~4 2
Attachments
1, Staff Letters Dated July 18 and August 15, 1994- Page 4
2. ExcerDts from City of Temecula General Plan - Page 5
A'I'I'ACHMENT NO. 4
L,-i i ER FROM THE KEITH COMPANIES TO THE DIRECTOR OF PLANNING
AUGUST 30, 1994
5
THE KEITH COMPANIES* JN:,,A.\~ F. MPLu~,
Mcrenc~ Va~ · Lace ~"Ls=or~ ·Pai= Dr. sen · 'v'i~oz~jlc
Auj~s~ 30, 199~
ML G·~y Tbonbill, Planning Director
City of Temecul·
4317,1 Business Park Drive
Temecul· California 92590
Roripaugh Ranch - General Plan Consistency
Deer Gs~! ·
Thank you for meetin8 wit~ Ric Stephens and me and littering to our thoughts about
your ler~er to us, d~ed August 17, zegzrding the consiszency of our Specific Plan
application with ltte Land Use Blemenz o~the Ternecttla General PImp. As you are aware,
we are steadfast about the inzent of City Councll as well as the ··ion that Ci~ Council
took. last year as it relates to the maximum number of' dwelling units permit'red on the
goripat~h Ranch property.
Please consider the following points regarding our position:
While acknowledSinl the lmn~,,_~e in the 'Cr~nenl Plan that identifies net acre~ as
~ze basis for calculating density, the General Plan subsequently goes on 1o provide
'additional directionN to Specific Plan ereas, including J.oripaugb Ranch, wherein
it states that Roripzugh l~tch shall not exceed a maximum avenge of three
dwelling units per ante;
Johnson Fanch was given direction by City Council dunng last yesr's General
Plan process. Said direction was that Johnsun .P, anch was entitled to 1.5 dwelling
units per gross ~ere;
Rsncho Bell· Vis~a/IVlounuin View was approved c a density of 3.0 units per
gross acre;
Additionally, enclosed foryour revxew is the transcript of the City Council hearing
of August 17, 1993 we have prepared, where the Nicolas Valley area, including
RoripanZh Ranch was discussed. The Xranscript clearly shows thai it was the
understanding and intent ol'all concerned, including City Council, ths~ xhree un~
per gross acre is thai which was being considered and ·ppreved for RoripauEl~
As I am sure you f~l, we do not want to stand before the Planning Commission and City
Council with a queslion as to whether we are consistent witfi the General Plan in
V
of the allowable densiW. This is the most basic o£ issues zhat ~ m~z ~e revived ~
We also £eel quite con~onable; 2ive~ the issues outlined herein, thsz a findin2 oF
~,~asistatc~/with the Lxud Use l~-lemenl'c~the General Plan would noz rneex any quesuon
oF fesimmsce.
Our desire is to resolve this issue and concenrraze on the design derails proposed in the
Specific Plan. The final densi~ and number o~dwetling. units on Roripaugh Ranch will
then be determined as they should be, based on the merits end features of the physical
desi2n of the project and the relationship with the physical surroundinKs.
Thank you for your time ahd considerszion offhis matter. We look ~orward to resclvin2
this ~ssue in a manner th-~.permi~s us to rum our aztention m the merits of the project
itserie. Please give me or Ric. Stepb,~_~ a call should you have any questions or would like
to discuss this issue ~urther.
Sincerely,
Tom ~. Nievez
Senior Planner
Norm I~er, GKC Development
Tom Cla~k, GRC Development
Bob Lind~uer, The Keith Companies
Ric Stephens, The Keith Companies
Rick Kobozts, The Keith Companies
Tom B, imey. The X~eith Companies
THE KEITH COMPANIES
Transcript of the Temecula City Council Hearing of
August 17, 1993
Ho~an:
Mayor.
Mayor:
S. Edwzrd:
Mayor.
G. Thornfrill:
l~luest to reopen the public hearing to consider Area 5, Nicolas Valley, and
receive public testimony
Public hearing is reopened on Nicohs Valley, Area 5. We do have three
requuu to sp~k.
My narr~ is Sanford Edward, 110 Newport C~t~r Drive, ~endng
Ko~pugh ~n~ Inc. Mayor, councilpmons, ~ ag usnt~y n~ng ~at
ha~ a ~t~c cl~up. Kod~ugh ~ ~ ~1 no. 8, the ~ge p~cd on ~c
sc~. ~c ha~ ~wo ~u~u. One ~o1~ ~ound ~e ~t~e 8~ a~u. ~c
o~ ~o~a ~ound just the pnehan~e, whi~ is 160 acre.
It should be noted that the panhandle area is in the City a~d the other part is
not inside the City, but within the Sphere
Correct. Staff recommended to the Planning Commission that the land use
ha designated at 3 units per ac~e overall. That was staffs recommendation.
But the Planning Commission basically deferred and said they preferred to
have the landovnaer come in with a Specific Plan. We are in agreement with
that. But then, subsequent to the Pknning Commission, at looking at the
maps and anticipated land uses, we are going to be precluded from the
opportunity of coming before you at ahter date with a Spd~c Plan and F.21~
that would mitigate any issues that would essentially ajlow us tO develop at 3
units ro the acre. So, in order to be able w do that, and not have w ask for
a General Phn Amendment, we're requesting that one land use category be
adde~ to the anticipated land use~ and that's the Low Medium Ind use..a/ld
that a couple of the areas which have a 0 - 5 degree slope be changed to a LM,
Low Medium hnd use. All due will effectively do is ~llow us, when ~e do
come back with a Spedtic Plan, to try to get that overall 3 units per aae,
which staff did recommend, and to be able to do so without having to g~
through a General Plan Amendment.
Does staff agree with the conclusion of the speaker with respect to the impact
of that r~lueR? Do you want that r~-peated?
I heard most of i~ It's hard to relate it to the kind of area that his
talking about. That's the only problem I have. How much of the
property os i~ the 0 - 5% slope ar~?
On the lsr~ ~40 acre p~'eI, I'd sa7 appwxir~tely 40 to 50%. I{ wc ~ to
~op, quote/unquox~ at t~e ~mum aloehie aesi~atlons, a~or~ns w
~e ~p ~ it ~u ~ght n~, ~ ~uld ~d up ~th appro~tcly I 0C0 uniu
on gO0 s~, whi~ would be far sho~ of ~-~ s~s re,intonation of 3
unlu p~ s~ Wc ~i~y ~ 2 ~d use mego~ on ~e np ~ k ~
now. ~t's ~side Residen~ and Low Kuid~t~
G. Thornhill;
Thi~ is the first time that I am aware of this one. Did you write john
(Meyer) a letter?
5. Bdwxrd: Yes. I chink zha:'s where we arc suffering from Joh n's absence. We wrote him
on both June II and july 14.
G. Thorn.h~:
I remember the other properflu, bu~ not ~ one.
Mayor. Does srxff need more time to ,i: dovn with the applicant?
G. Thornhill:
I think we need w ,,~or~ back to the Council on u~is. Unfortunar. ely,
Mr. Meyer had a conversation that...infornmtion....(inauda'blc)
Mayor: Do :you have a problem with
S. Edward: No. I don't have a problem with that.
Mayor. Does Council have a problem with that?
P. Birdsall: No. 8, then, we are going w rake out of this bunch. Is that correct?
Mayor: Right.
G. Thornhal:
I think, conceptually, I don't h:ve too mueh of a problem wkh this
because of the slopes involved. Usually, you c~ d~relop at those
densities on those slopes, but.. (inaud,'ble)
This wilt come back as a Specific Plan?
G. raornhilh
Absolutely.
You wait somc flcx:'bility in the Specific Pkn to allow some little bit higher
densities in eeruln areas so you can pay for all the improvements you arc
going to have to put in.
S. Edward: En~ly. Wc don't anticipate going beyond the 3 units per acre, but, as you're
suggesting, there may be some areas where devclopmcn~ will t~kc ph~ at a
2
Mayor.
S. Edward:
Larry Lynch:
Mayor:.
L L,~mch:
Mayor:.
R. Stephens:
Mayor:
D. HoW:
m~ lower t~veI. But if w~ ~ion't have the flexibility in fie m ~ha: have
~lope to g~ fie d~si~ h~ ~ecfivety the p~p~ ~n'~ be ~op~le.
There's on 1,t issue, whia is the second one, HI jus= mention it in passing,
and that relates to the panhandle. That fight now has a current Assessment
District tax, which is locked in at a basic rite. And we w-ant to get the
underlying maps to conf~rm to tha~ basedstunt Disuict rare. That is
some,h;-g ~e had discussed with surf and they told us it w~ an overall policy,
but ~ ~ one particular instance where they didn't re~lite it was existing
· nd we weren't able to pick k up.
OK. AFtin, I think perhaps that's an issue that be further developed with surf
and then where 'it coma back, wc m a~dr~s the ~
Thank you.
Thank you very much. Lany Lynch ~dr~sing No. 61.
Representing DL F. qukies, owner of Panelto Bala Vista. I want to confirm
that the Spedfie Plan, as adopted by the County, is to be 'adopted, as is' u
pan of this General Plan.
Staff is nodding .affirmatively.
(Not atOllcable)
Richard Stephens, addressing Kofipaugh Ranch.
Richard 5tophens, The Kekh Comtnnie~, re~resenting Gentry Homes. We are
in aKrecment with Mr. Ed~vard's request. I'd like to also remind you that the
she has numerous cnviwnmenul constraints and giving that little higher
density allows for much more flmq;ility in had plaVning or erarlve solutions
to problems.
We did have one question, and t~at was the significance of the exhibit with fie
red coloring. It looks like, perhaps staff can chrff7 finis, that there was a
request made on the site for a Spezi~c Plan designsdon that was defied. Am
I misinterpreting the significance of this exhibit?
Mn Hogan?
Yes. That's not a denial of a Specific Plan. That map only depieu the different
land use requests we have received and whether or not there vas a
.recommendation to support it or oppose it. So, when a property owner comes
m. he would be able to identify the property and identify what stafPs
ATTACHMENT NO. 3
STAFF L~-'t""t ERS DATED JULY 18 AND AUGUST 15, 1994
4
ATTACHMENT NO. 5
STAFF Lb m m ERS DATED JULY 18 AND AUGUST 15, 1994
]uty 18, 199~
Tom Nieves
The Keith Cotupanies
22690 Cactus Avenue, Suite 300
Moreno Valley, CA 92553
SUBJECT: Maximum Density. for the Roripaueda Ranch Specific Plan
Dear Mr. Nieves:
This letter is in response to your r~a. ues~ of the planning Depanment's determmarlon of the
overa/density. for the Roripaugh Ranch 5pecLflc Plan.
The T~nd Use E!etuent of the Ciry's adopted General Plan states that the Roripaugh Ranch
Spectfic Plan project "...shall not exceed an average of tkrv~ dwelling unim per acre..." The
Land Use Element further states: "The tuax/mum densiw. deftues the maximum nutuber of
ururs per net acre at which development can occur Within a ~ven area. Net ac~ is defined
as the gross project or lot area, less that pomon of the site to be used for the following:
aneml, major, secondary. and collector roads: z. nd the floodway pomon of a flood plain."
Second. please be aware that net acreage is not the sole de~erm~n.nt of the overall density..
Section I'V(A)(1} of me T ~nd Use Eletuent also lists the other factors that axe used in
determining net density.. These factors include: opportunities and con~uaints of the site (e.g.
topo=q-aphy, bydxology, sensitive habitats, etc.), policies and impletuentation pro__~-ams of the
General P)an, and other City building and developtuent standards.
Third. you have had discussions with stuff m_Tarding the defm/tioru of Average Density and
Target Density., as the terms apply to this project. However, bemuse the site has multiple
hnd use desi~ations. and bemuse the Genera PXan specifically stutes the project's avem_~e
densiT, the taxget density. pmvUions do not apply m thi~ project. Therefore, it h your
msp. onsibiiiry. to provide surf with a calcuiaUon of the nc~ acreage of the site in orelet to
ciemrmme the preliminary maxKnum unit count.
lvtr. Tom Nieves
]uiy 18, 1994
Page Two
In nclclld. onm the density issue, thez= a~ other issues that still n~-_,d to be resolved prior to
the submir,~l of an applicaion for th~s projet:. It is the Pl-~nn~ng Deparonent's position mat
them has not been an adequate discussion of the opponuinUes and consrrdmu of me siL- a~
outlined in a letmr to you dated May 2~, 1994.
While the oppornmities and coats have been discussed in general terms, staff has yet be
presented with any information other th~n file pr~llmln~ry lalld u~e plall. Specifically, staff
would like to see derailed inforr-.Hon as it relates t~ biological resources, arcbaeolo=~y,
paleontology, topo.-n-d.phy, hydrology, in~cax~, and surrounding land use pat-~rns. In
addkion, staff would like to r~view a conceptus/site plan of the commercial ar-.as winch
show how these a.r~ will conform to the Vu1._-e Center concept shown in the General Plan.
Upon r~viewing the mos~ recent illustrative site plan depicting two srn~I1 commercial sites,
sr.a_~* is concernexi about the these a_~ conforming to the Gener-al Phu.
In closing, I would like to take this opporminry to invite you and your representatives m
disc}zs~ be oppormintles and constrainr~ of the site. If you wish to set up said m~fing, or
you have any queaions about th~ letmr, please contact Craig Ruiz at (909) 69~6400.
cc: Thomas Clark, Royal-Clark Developmenz
"'LL', Z City of Temecula
\:'~~~slnes~ Par~ Dr,ve · Temecula, California ~2S,70
August 15, 1994
Tom Nieves
The Kel~ Compm~i=s
22690 Cactus Avenue, SuiR: 300
Moreno Valley, CA 92~53
SUBJECT: Gemeral Plan Consistency for the Roripaugh 1L%neh Specific Plan
Dear lvir. Nieves:
Ci~' stuff h~ pe~ormed a cursory, review of your submittal for the above referenced project.
Afmr reviewing the proposed density, for the project, it is staffs opinion mat the project is
inconsistent with the Ciry.'s General Plan.
Previously, staff indicated to you, both vefozlly and in wrkmn corfem. ondence, that the
Generzl Plan states this project sh~ll not exc~eed a maximum of t/lree unim per "net" ace.
Sm. ff furmet stated that net acr~ge is defined a~ the goss project rea. less that portton of
the site to be used for General Plan CircuL%tion roadways and the floodway portion of a flood
plain. However, no chin ha~ been provided on the m'nount of net acreage. The proposed
2.370 unim is based upon "gross" aceage, which inconsistent wi~ the General Plan.
In order for stuff to continue processmE this applicanon, you will n~_~i to do one of the
following:
1. Reduce the number of unim proposed in the mpeci~c plm~ based upon a czlculmion
of ~e net acr~ge of ~e si= ~d zub~t ~e re~s~ pl~.
2. File a General P~n Amendment to reflect the increase in density proposed in the
specific plan, Please note, based upon stuffs inids/review of the plan and prior
cornmenu provided to you, sm.ff will most likely be unable to support a General Plan
Amendment for an increase m density.
It should be noted that City stz~ff has not yet reviewed this project. If stuff cominucs
processing the prqiect, further cornmenu will be provided.
If you should have any que~x/ons about the above informzUon, please contact Craig Ruiz a:-- "'
(909) 69~.-6400.
Sinc=~ly,
Gin-3, Thornhill]
Dire:tot of planning
cc: Thomas Clark, RoTal-Clark D~vclopmcnt Co.
ATTACHMENT NO. 6
EXCERPTS FROM CITY OF TEMECULA GENERAL PLAN
R:~GENPLAN~RORJPAGH.CC3 11/7/94 sdl 7
CITY OF ~CUI-~· Land Use Ziem:n:
1. Residen~al Desi~Uons
Each of the residential use ca~_zorics includes a ran~ of allowable clefriffles.
The maximum d~usip/ckc:Sncs fine maxUnum number of units ~r net a:r: a~
winir, h dcvctopmcm can occur within a ~ivcn area. Net a.cr: is de~n~ as fine
lFoss projoe.: or lm area, less finat portion of fine si,,' m be us~ for fine following:
arterial major, sc,.-.-.-.-.-.-.-.-.~ondary and colle-'-mr roans; and the floodway ponton of
plain. Der:rmination of prc,'ise dcnsizy, cievelopmcnt locaUon. and lot
on any ruiaen~ial property is a function
Opportunities and constaints prcsenxcd by natural, cultural or
features;
Policies and implemcnution prop,~-~ of the General Plan rotended to
maxirnizc public safer'; achieve hi_c,Tu qualin/si-' p~,,ni,~g and dcsiLJn:
provide sul~cient levels of public scrvio=; re:sin si!nLfi:am nam~ai
resources; ensure compatibilipy berw~n usa; and cncoun~ development
of Villag~ Centera.
Building and ci~v~lopmcnt smndarcis conmin~ in fine Developmorn Code,
pubic works sunckarcis, and other rc~uiaxions and orciinanc=s.
Fumr~ r-,.sidential development is exp. c:md m oc,."u.r at the target level of d~nsity
statc,d fin Table 2-7 for each r~sidemial dcsi!pution. Dcvclopmem at a density
be~veeu the target and maximum level may only ocr, ur for the Hillside, Very
Low, Low and Low Medium dcsi_uatious, at the dis~rctiou of the Plat~ning
Commission/City Council m exchange for sp~ial public benefits (~ icicutfficd
in Policy, '{.1). The amcnitics or public bencries provided are intended to satisfy
a need over and above the minimum x~cluircmenz.s of fine C~neral Plan and other
city policies and regulations. I~ is assumr, d fina~ some ruidcmial d~velopmem
will oct. u: below the Lsr~: level of density and some dcvclopmen: will occur
above ~he ~arge: level based on the provision of public amenitics or bcncfiLs. For
purposes of analyzing the impacn of fine G~n:ral Plan, the ~ar~ct level of denaiD,
for fine above identified designations is assumed. A xarget l~vcl of dcusiD, is not
c~2blishcd for the M~ium and High designations so as not to prcrlucie or
discourage the developmere of nffnrdablc housing. However, for purp. oscs of
anatyzin. g fine impaces of the General Plan, a probable level of devciopmcm
within fine Mr, allure and High cicsi~nations is assumed.
~-"i~-OX~:~P-Lh~.L~i~ - Da~c: Novrmocr 9. 1993
ITEM 35
TO:
FROM:
DATE:
SUBJECT:
APPR~
CITY ATTORNEY
FINANCE OFFICE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Gary Thornhill, Director of Planning
November 15, 1994
Main Street Program
Prepared By: David W. Hogan, Associate Planner
RECOMMENDATION:
It is requested that the City Council provide direction to Staff on:
1. The needed amendments to the existing Bylaws;
2. The future organization of Main Street Association;
3. The use of alternate funding sources for the Main Street Program; and
4. The draft Cooperative Agreement between for '~he Old Town Mainstreet
(Merchants) Association and the City of Temecula.
BACKGROUND
At the July 12, 1994 meeting, the Council first considered the organization of the future main
street association for the Old Town area. At that meeting, the Council expressed a number
of concerns with using the Old Town Mainstreet (Merchants) Association to operate the Main
Street Program in Old Town. The Council's primary concerns were as follows:
· Ensuring that membership in the Association is open to ever%- ~ne;
· Ensuring that the composition of the future Board of Directors is as broad as
possible;
· Amending the Bylaws; and,
· Transitioning between the current and future Boards of Directors.
As a result, the Council directed staff to have the City Attorney review the Bylaws of the
current merchants association, to bring a recommendation back to the Council about how to
change the Bylaws, to get copies of position descriptions and compensation packages for
other executive directors, and to develop an agreement to fund the main street program once
the details of the transition have been worked out.
In this Report, staff has attempted to differentiate between the current mainstreet/merchants
association and the future Main Street Program association. The current merchants
association changed its name in March 1994to the Old Town Mainstreet Association. In this
Agenda Report, the current organization will be referred to as the "Mainstreet (Merchants)
Association." The future organization that will operate the main street program will be
referred to as the "Main Street Association".
DISCUSSION
Ensurina the Membership is Open to Everyone
As directed by the Counci!, staff forwarded a copy of the Old Town Merchants (Mainstreet)
Association's revised Bylaws to the City Attorney for his review. According to the City
Attorney, membership is open to anyone with an interest in Old Town and who is at least 18
years old. If the Council is concerned about the involvement of the community in the future
Main Street Program, staff recommends that the Association be required to undertake a public
information/education campaign to inform the community about Old Town, the Program, and
their opportunities for involvement. A copy of the Old Town Mainstreet (Merchants)
Association existing Bylaws and the City Attorney's letter are included in Attachments 2 and
3, respectively.
Composition of the Board of Directors
The Council also expressed concern about the long term composition of the Board of
Directors. The current Bylaws provide for a seven-member Board of Directors, elected for two
(2) year terms. The Bylaws provide for the election of half of the Board seats (either 3 of 7 or
4 of 7) each year and that a person must be a member of the Association at least one year
before to assuming the office of Director. Staff believes that these provisions allow adequate
opportunity for community involvement in the Association and on the Board of Directors.
If the Council is concerned with the ability of the general public to become quickly involvetJ
in the Main Street Association, staff recommends that the Council request that the Mainstreet
(Merchant) Association amend their Bylaws to replace the one year requirement (in Section
3.02) with a shorter requirement. Alternatives include a requirement that all Directors of the
Association must be a member for at least three months before assuming office, or must be
a member of the Association prior to the date of their nomination or election.
In addition, the Council was also concerned that a husband and wife team were both serving
on the existing Board of Directors. The way the current Bylaws are structured, if the husband
and wife have separate memberships, each would be allowed to vote and hold an elected
office. If the Council is concerned with this situation, then staff recommends that the Council
request the Association to amend their Bylaws to restrict the ability of married couples to
simultaneously serve on the Board of Directors.
Bylaw Amendments
The only significant concern the City Attorney had with the existing Bylaws was the lack of
an open meeting provision in Section 3.11. Based upon the City Attorneys review, staff
recommends the Council request the Old Town Mainstreet (Merchants) Association to make
the following amendments to their Bylaws as a precondition for receiving City funding for the
Main Street Program:
Amend Section 3.02 to change the requirements for being a member of the
Board of Directors from one year to 90 days (or some other period acceptable
to the Council).
Amend Section 3.11 to require that all meetings of the Board of Directors shall
be open to the public, except that confidential matters may be discussed by the
Board of Directors in closed session, and that meeting agendas be posted at
least 72 hours before the meeting in one or more places in Old Town and at
City Hall.
Amend Sections 6.01 and 6.02 to require that all general membership and
special meetings be open to the public and that meeting agendas be posted at
least 72 hours before the meeting in one or more places in Old Town and at
City Hall (to meet the requirements of the Brown Act).
The Transition to the Future Main Street Association
The transition from the current to the future Associations can be addressed by the City taking
the following steps:
Amending the current Bylaws to ensure maximum community involvement as
described above;
Entering into a Cooperative Agreement with the MainStreet (Merchants)
Association to state the responsibilities of each party, and to set up the working
relationship between the Association and the City; and,
· Retaining the current provisions for annual elections to the Board of Directors.
Coooeratjve Aareement
Based upon the Council's previous concerns, and the input of the City Attorney, staff has
developed a draft Cooperative Agreement to forrealize the working and funding relationship
between the City of Temecula and the Association. The draft Agreement would commit the
City to spending $235,000on the Main Street Program over the next five years (as described
in the Old Town Specific Plan) and would commit the Association t ~ amending their Bylaws
and implementing the Main Street Program. A copy of the draft Cooperative Agreement is
included in Attachment 1.
If the draft Cooperative Agreement is generally acceptable to the Council, staff will begin the
negotiation process with the Old Town Mainstreet Association. The final Cooperative
Agreement will be brought back to the Council at a later date.
R:\HOOANDXMAINST.CC2 11/'7/~4 dwh 3
Alternate Fundine Sources
At the July 12, 1994 meeting, the issue of alternate funding sources for the Old Town Main
Street Association was discussed. It is currently anticipated that the main street program will
be funded by the Redevelopmerit Agency. However, over the long term, other funding
sources should be considered. At this time, there appear to be two options to provide a
relatively stable funding source for the Program. The two options are as follows:
Establishment of a specific Community Service Level (through the Community Services
District) to maintain public plaza, landscaping and parking areas, and to provide
financial support to the Main Street Association.
Creation of a Business Improvement District to financially support the Main Street
Association. The District could also be used to support public parking and landscaping
in the core of Old Town. A recent amendment to State law now allows Property and
Business Improvement Districts to support promotional, marketing, and economic
development activities.
If the Council is interested in exploring further, or in establishing, one of these alternate
funding sources, Staff requests that they provide the appropriate direction.
Prooram Director Recruitment
Staff obtained a number of job descriptions from other main street programs. Using this
information as a base, Human Resources prepared a draft position description and job
brochure. This information was reviewed and approved by the Board of the Old Town
Mainstreet (Merchants) Association. The recruitment process has started and applications
must have been received before November 14, 1994.
FISCAL IMPACT
According to the draft Cooperative Agreement, the City will be committing to support the new
Main Street Association over 5 years for a total of $235,000. No additional appropriation is
required at this time, however an additional appropriation of ~75,000may be required to fund
the first year of the cooperative agreement if Council chooses to adopt it. It is anticipated that
long range funding for the Main Street Program and Association will rely on a combination of
membership dues, promotional and fund raising activities, and corporate and municipal
sponsors.
Attachments:
1. Draft Cooperative Agreement between the City and the Old Town Mainstreet
(Merchants) Association - Page 5.
2. Current Bylaws for the Old Town Mainstreet (Merchants) Association - Page 10.
3. Letter from the City Attorney on Current Bylaws - Page 11.
R:~HOGAND\MAII~ST.CC2 l]18194 dwb 4
ATTACHMENT 1
DRAFT COOPERATIVE AGREEMENT
ATTACHMENT 1
CITY OF TEMECULA
COOPERATIVE AGREEMENT
This Agreement, made in triplicate, this day of ,1994, by
and between the CITY OF TEMECULA, a Municipal Corporation, ("City") duly organized and
existing under and by virtue of the laws of the State of California, and the OLD TOWN
TEMECULA MAINSTREET ASSOCIATION, a California nonprofit corporation (hereinafter
referred to as "Association" .) In consideration of their mutual covenants contained herein, the
Parties agree as follows:
1, Recitals. The Parties hereto agree that this Agreement is entered into with
respect to the following facts, which are acknowledged by each pa.-ty as true and correct.
A. The City of Temecula and the Temecula Redevelopment Agency desires
to promote the preservation and enhancement of Old Town Temecula; and,
B, The City of Temecula prepared and adopted a Specific Plan to create a
dynamic Old Town commercial and residential core that is attractive and of high quality.
respectful of its historic buildings and unifying design theme and providing an economically
viable setting for a mixture of local and tourist serving commercial uses, administrative/
professional and residential uses with a safe, efficient circulation and access; and,
C. The Old Town Specific Plan recommended the establishment of a Main
Street Program to organize and unify the efforts of the Old Town's business community; and,
D. The Old Town Mainstreet Association is an established community
organization with an interest in improving and redeveloping Old Town Temecula; and,
E, The City and Association desire to implement a Main Street Program in
Old Town Temecula to encourage the revitalization of the area.
2. Duties and Responsibilities of the City. The following are the duties and
responsibilities of the City during the life of this Agreement:
A. To review the Bylaws of the Association and make recommended
changes to ensure maximum feasible community partici pation and organizational effectiveness,
B. To provide partial funding for the Main Street Program for at least five
years. The Old Town Specific Plan identified the following funding for each fiscal year:
iv.
v.
vi.
by the City Council.
Fiscal Year 1994-95 $75,000
Fiscal Year 1995-96 960,000
Fiscal Year 1996-97 940,000
Fiscal Year 1997-98 930,000
Fiscal Year 1998-99 930,000
Subsequent funding in future years will be determined annually
C. To consider the establishment of alternative funding sources for the Main
Street Program if sufficient support of and opportunity for such a measure is present.
D. To assist the Association in the obtaining permits for major promotional
and fundraising activities in the Old Town area.
3. Duties and Responsibilities of the Association. The following are the duties and
responsibilities of the Association during the life of this Agreement:
A. To amend the Bylaws of the Association as recommended by the City
Council to ensure maximum feasible community participation and organizational effectiveness.
B. To make no changes to the Bylaws or Articles of Incorporation that could
affect the participation of interested persons in the Association or that could adversely affect
the continued economic redevelopment of Old Town without the prior approval of the City
Council.
C. To hire an Executive Director to implement the Main Street Program, build
up the membership and public support for the Association, and to market and support the
businesses in Old Town.
D. To continuously explore, and attempt to acquire, alternate funding
sources to permanently support operation of the Main Street Program.
E. To provide a detailed Annual Report for each fiscal year on how the Cit~
funding support for the Main Street Program was spent by May 1st of each year.
Street Program.
To promote and expand community interest and involvement in the Main
4. Indemnification. The Association agrees that it will defend, indemnify and hold
the city and its elected officials, officers, agents, and employees free and harmless from all
claims for damage to persons or property by reason of Association's acts or omissions of
those of Association's employees, officers, agents or invites in connection with their services
rendered hereunder to the maximum extent allowed by law.
5. Insurance, The Association shall secure from a good and responsible company
or companies doing insurance business in the State of California, pay for and maintain in full
force and effect for the duration of this Agreement a policy of comprehensive automobile and
workers' compensation and employees' Liability Insurance in which the City is named insured
or is named as an additional insured with the Association and shall furnish a Certificate of
Liability Insurance to the City Manager before execution of this Agreement by the City.
Notwithstanding any inconsistent statement in the policy or any subsequent endorsement
attached thereto, the protection offered by the policy shall:
A. Include the City, its elected officials, officers, ~gents and employees as
the insureds or names as additional insured covering the services to be performed under this
Agreement against all claims arising out of, or in connections with, this Agreement,
B. Provide the following minimum limits:
(1) General Liability: $1,000,000 combined single limit per
occurrence for bodily injury, personal injury and property damage.
(2) Automobile Liability:
accident for bodily injury and property damage.
$1,000,000 combined single limit per
(3) Workers' Compensation and Employers' Liability: Workers'
Compensation limits as required by the Labor Code of the State of California and Employers'
Liability limits of $1,000,000 per accident.
C. The insurer shall agree to waive all rights of subrogation against the city,
its officers, officials, agents and employees for losses arising from work performed by the
Association for the City.
D. Bear an endorsement or shall have attached a rider whereby it is provided
that, in the event of expiration or proposed cancellation of such policy for any reason
whatsoever, the city shall be notified by registered mail, postage prepaid, return receipt
requested, not less that thirty (30) days before date of expiration or cancellation is effective
E. Any deductible or self-insured retention must be declared to and
approved by the City. At the option of the City, either the insurer shall reduce or eliminate
such deductible or self-insured retention as respects to the City, its officers, officials, agents
and employees; or the Association shall procure a bond guaranteeing payment of losses and
related investigation claim administration and defense expenses.
6. Attornev's Fees. Should any litigation be commenced between the parties
hereto concerning the provisions of this Agreement, the prevailing party in such litigation shall
be entitled to reasonable attorney's fees, in addition to any other relief to which it may be
entitled.
7. Termination. Either party may terminate this agreement on December 31 th and
June 30th of each year with 60-days advance notice, in writing, of their intent to do so.
8. Amendments. This Agreement may be amended in w~ iting at any time with the
approval of both parties.
CITY OF TEMECULA
OLD TOWN MAINSTREET ASSOCIATION
Ron Roberts, Mayor
ATTEST:
Frank Spencer, President
June S. Greek, City Clerk
APPROVED AS TO FORM:
Peter Thorson, City Attorney
ATI'ACHMENT 2
EXISTING BYLAWS FOR THE OLD TOWN MAINSTREET (MERCHANTS) ASSOCIATION
BYLAWS OF ~
OLD TOWN TE1VIECULA MAINSTI!F-F.T ASSOCIATION
AN UNINCORPORATED ASSOCIATION
ARTICL~ I. OFFICES
Principal Office
Section 1.01. The principal office of the Association for the transaction of its business
is located at P.O. Box 1981, Temecuia, in County of Riverside, California, 92593.
Other Offices
Section 1.02. The Board of Directors may by resolution designate other offices, within
or without the State of California where it is qualified to do business, as its business may
require. However, the Board shall incur no financial liability on behalf of the Association in
obtaimg other offices without the prior approval of a majority of the voting members of the
Association.
ARTICLE II. MEMBEILq~rP
Classes of Membership and Rights
Section 2.01. The Association shall have one (I) class of membership. The
membership, voting, and other rights, interests and privileges of each member shall be equal.
Each membership shall be allowed only one (1) vote in each election.
Qualifications for Members
Section 2.02. (a) The qualifications for membership are as follows: any reputable person
(at least eighteen (18) years of age), business, association, corporation, parmersinp or estate,
interested in the continued economic health and cultural vitality of Old Town, shall be eligible
for membership.
Admission
Section 2.03. (a) Any qualified person shall be admired to membership upon making
application thereto and upon the approval of the application by a majority of the Board of
Directors or their designee. The application shall be on such forms and in the manner
prescribed by the Board of Directors.
(b) All applications for admission to the Association shall contain an
aclmowledgement that the applicant has read the Articles, Bylaws and other appmpmte roles
and standards of the Association and that ff admitted to membership, agrees to be bound thereby.
(c) Upon admission to the Association, e~ch new member shall be given
one (1) copy of the ByLaws. Each member is responsible for keeping and maintaining their
copy of the Association Bylaws.
Fees, Dues and Assessments
Section 2.04. (a) All members shall pay annual dues in such amount as shall be
determined by resolution of the Board of Directors.
(b) The first annual dues shall be payable when the application for
membership in the Association is made. Members of the Old Town Temecula Memhants
Association become members of the Old Town Temecula Malnstreet Association until the
renewal date for the Association membership when they will join the Mainsweet Association.
All annual dues shall be promted on a quarterly basis to make all memberships expire on
January 1, 1996. No sepaxate application fee shall be charged for making application to
membership in the Association.
(c) Future annual dues shall be due and payable on January 1st of each
of each succeeding year.
(d) Any dues and assessments paid to the Association become the property
of the Association and any sereruble or individual interest of any member therein terminates on
such payment.
Transferability of Membership
Section 2.05. Membership in this Association is nontransferable and nonassignable.
Membership Roster
Section 2.06. The Association shall keep a membership roster containing the name and
address of each member. The termination of membership of any member shall be recorded in
the roster, together with the manner of termination and date on which such membership ceased.
The membership roster shall be kept at the Association's principal office and shall be available
for inspection by any member of the Association during regular business hours.
Right to Inspect Records
Section 2.07. All records of this Association shall be open to inspection on the written
demand of any member at any reasonable time for a purpose reasonably related to his interests
in the Association.
Termination of Membership
Section 2.08. (a) The membership of any member of the Association shall automatically
terminate for any of the following reasons:
(i) On his written request for such termination delivered to the
President or Secretary of the Association personally or by United States mail, such membership
to tanninate when the request is received; or,
(ii) When any member who fails to pay the membership dues or
assessments when they become due and within forty five (45) days thereafter shall automatically
terminated on the forty sixth (46) day, provided he was given written notice delivered to him
personally or by United States mail within ten (10) days prior to the date said dues or
assessments were due. In the event that such written notice is not given as herein requirexl, then
said membership shall automatically terminate for nonpayment of dues or assessments only ff
they are not fully paid within thirty (30) days after such written notice is eventually given and
delivered to the member in person or deposited in the United States mail, postage prepaid and
sent to the address as it appears on the books of the Association.
(b) All rights and interest of membership in the Association shall cease
upon the termination of or expulsion from membership in the Association as herein provided.
(c) Any member whose membership is terminated as provided for in this
Section, may be readmilled to membership by meeting the applicable membership requirements
for new members.
Discipline of Members
Section 2.09. (a) Whenever a member of the Association fails to abide with the Articles,
Bylaws or Rules of the Association, the Board of Directors may discipline the member for their
actions, behavior, or other good cause. Good cause shall mean the following:
(i) Any conduct or behavior that brings the Association into public
disrepute or violates the purposes for which this Association is formed;
(ii) Any willful failure or refusal to abide by the Articles, Byhws,
or Rules of this Association;
Cfii) Any willful failure or refusal to abide by the terms of an
award in any arbitration proceeding under the terms of this Article after having agreed in writing
to do so and after having received notice of the award; or,
(iv) Any willful failure or refusal to pay any assessment levied
pursuant to the provisions of this Article.
(b) The Board of Directors is hereby authorized, as herein provided to
impose any of the following penalties:
(i) Suspend the member from membemhip in the Association for
a period not more than one (1) year; or,
(vi) The hearing against any member shall be informal and the
rules of evidence and roles of judicial procedure need not be observed. The hearing shall be
presided over by the President of the Association who shall (1) read the chaxges against the
subject member; (2) require that the charges be verified by the testimony of the person or
persons making them; (3) hear any other wimesses against the subject matter; (4) allow the
subject member to cross-examine each wimess; (5) allow the subject member to make a
statement of his own behalf; (6) allow the member to call wimesses in his own behalf; (7) allow
the Directors present, when and as recognized by the chair, and subject to control of the chair,
to question wimesses; and (8) rule on the admission and exclusion of evidence and on questions
of hearing procedure.
(vii) After hearing all relevant testimony and evidence, the
Directon who are present at the hearing shall vote on whether or not sufficient evidence has
been presented to determine whether the subject member has failed to act in a manner consistent
with the goals and ethics of the Association. The vote imposing discipline or dismissing the
matter shall in either event be final.
(viii) If the Board of Directors has determined that the subject
member has viohted the goals and ethics of the Association, the Directors shall determine what
manner of disciplina~ action shall be taken against the subject member. The Board may
discipline or punish the subject member in any manner it deems appropriate, consistent with the
provisions of tlds Section.
ARTICLE llI. DIRECTORS
Number of Direaors
Section 3.01. There shall be seven (7) Directors for the Association. These Bylaws may
be amended to allow additional members on the Board of Directors. Any amendment of these
Bylaws to allow additional members to the Board of Directors shall require a two-thirds (2/3's)
vote of the Board.
Qualifications of Directors
Section 3.02. A DLrector of the Association must currently be, and have been, a member
of the Association for at least one year prior to assuming the offme of Director.
Terms of Office for Directors
Section 3.03. The Term of Office for any Director of the Association is two (2) years,
except that the Term of Office for some Initial Directors may be for a one year period. Any
Director elecmd by the membership shall be eligible for reelection up to two (2) consecutive two
year terms, provided they continue to meet the qualifications for office.
Initial Board of Directors
Section 3.04. The Initial Board of Directors for the Association shall consist of the six
(6) members of the Old Town Merchants Association Board of Directors. Ttn'ee (3) of these
Directors shall have two year terms of office ending in April 1996, and three (3) shall have a
one year term of office ending in April 1995. The one and two year terms of office shall be
determined by drawing lots.
Additional Interim Director
Section 3.05. The Initlal Board of Directors may appoint one additional Director to serve
a one year term of office, ending in April 1995. Any directors appointed under this section
must be elected by a 2/3rds vote of the entire Board of Directors. The additional Director shall
have the same privileges and responsibilities as any duly elected Director of the Association.
Election of Directors
Section 3.06. The election of the Board of Directors shall be done in the following
manner;
(a) During the month of January preceding any election, the Secretary
shall send a notice to all members stating that nominations for the elected Board of Directors
may be submitted to the Secretary of the Association during the month of February and the
President shall appoint a th_ree (3) member Nominating Committee to select qualified candidates
for the Board of Directors. Nominations Shall be open for a period of at least thirty (30) days.
(b) A ballot containing the list of candidates, and providing an opportunity
for write in candidates, shall be distributed by certified mail or other verifmble means not less
than fourteen (14) days before to the date of the scheduled election.
(c) Any member may vote by absemee ballot provided that the ballot is
received by the Association no later than 5:00 p.m. the day before the scheduled election.
Voting by proxy or cumulative voting (casting multiple votes for a single candidate) is not
allowed.
(d) All elected Directors, other than those named in the Articles of
Association, shall be elected by the members present and voting at the first Regular Meeting
held in April of each year, provided that a quorum is present. If no quorum is present, the shall
be held at the next Regular or Special Meeting at which a quorum is present. The candidates
receiving the highest number of votes are elected.
(e) If during the process of annually electing the members to the Board
of Directors there is a tie for the last director position, there shall be an immediate runoff
election to determine who shall serve on the Board. In the runoff election, any member of the
Association in attendance at the meeting may vote by secret ballot.
Duties of Directors
Section 3.07. The duties of the Directors of the Association axe as follows:
(a) To perform any and all duties imposed on them collectively or
individually by law, by the Charter or Bylaws of this Association.
(b) To employ such officers, agents, and employees as may be authorized
by the vote or written consent of a majority of the members of the Association.
(c) To supervise all officers, agents, and employees of this Association
to ensure that their duties am being properly performed.
(d) To register their address with the Secretary of the Association, and
to receive notices of meetings mailed or telegraphed W them at the address on ffie with the
Association.
(e) To change the principal office of the Association from one location
to another.
Compensation of Directors
Section 3.08. Disctots. shall serve without compensation.
Removal of Directors
Section 3.09. Any Director, may be removed from office at any time by the vote of a
majority of the Membership of the Association. ff any or all Directors are so removed, new
Directors may be elected at the same meeting and Shall hold office for the remainder of the
terms of the removed Director. If new Directors are not elected at such meeting, the vacancy
or vacancies created Shall be fried as provided in Section 3.10.
Vacancies
Section 3.10. (a) Vacancies to the Board of Directors, Shall exist: (1) on the death,
resignation, or removal of any Director; (2) whenever the number of Directors authorized by
the Bylaws is increased; and (3) on failure of the members voting in any election to elect the full
number of Directors authorized.
Co) The Board of Directors may declaxe vacant the office of a Director
for any of the following reasons: (1) the subject Director has been declared of unsound mind
by an order of court, (2) the subject Director is convicted of a misdemeanor relating to the
duties or activities of the Association, (3) the subject Director is convicted of a felony, or (4)
ff within sixty (60) clays the notice of election the subject Director does not accept the office
either in writing or by attending a meeting of the Board of Directors.
(c) Vacancies caused by the death, resignation, or disability of any
Director, or removal as provided in these Bylaws, or by an amendment of the Bylaws increasing
the number of Directors authorized shall be filled by a vote of the majority of the remaining
Directors, though less than a quorum, or by a sole remairdng Director. A vote of the majority
of the members of the Association may elect a Director at any time to fill any vacancy not ~lec[
by the Directors as pwvided in Paragraph (c) of this Section. Should the offices of all Directors
become vacant and them is consequently no Director left to fill vacancies, the vacancies shall
be filled by a vote of the majority of the members present at a regula~ or special meeting of
members called for that purpose.
(d) Persons elecmd to fill vacancies as in this section pwvided shall hold
office for the unexpired terms of their predecessors, or until their removal or written resignation
as provided in these Byhws.
Meetings of the Board of Direaors
Section 3.11. (a) Meetings shall be held at the principal office of the Association unless
otherwise provided by the Board.
(13) The Board of Directors shall meet at least once a month at such time
and phce as may be designated by resolution of the Board of Directors.
(c) Special meetings of the Board may be called by the President, or, if
he is absent, is unable, or refuses to act, by the First Vice President, or, if he is absent, is
unable, or refuses to act, by the Second Vice President, or by any four (4) Directors, and such
meetings shall be held at the place designated by the person or persons c~lling the meeting and,
in the absence of such designation, at the principal office of the Association. · --'
(d) Written notice of the time and place of meetings shall be 'delivered~
personally to each Director or sent to him by United State mail, postage prepaid, or by'
telephone, at least four (4) days prior to such meeting.' If sent by mail, the notice shall be
addressed to the Director at his address as shown on the books of the Association and shall be
deemed given at the time it is deposited in the mail.
(e) The transactions of any meetings of the Board, however called and
noticed, am as valid as though the meeting had been duly held after proper call and notice, and
provided that a quorum as bereinafter defined, is present or provided that either before or after '
the meeting each Director not present signs a waiver of notice, and consents to the holding of
the meeting. All such waivers, consents, or approvals shall be fried with the Associations's
records or made a pan of the minutes of the meeting.
(f) At least half of the all directors shall constitute a quorum for the
transaction of Association business.
(g) In the absence of a quorum, no business shall be transacted, and the
only motion which the chair shall entertain is a motion to adjourn, provided, however, that a
majority of the Directors present at such meeting may adjourn untU the time fLxed for the next
regular meeting of the Board.
(h) Meetings of Directon shall be presided over by the President of the
Association, or in his absence, by the First Vice President or, in his absence, by the Second
Vice President or, in their absence, the Treasurer of the Association, or in his absence, any
Dir~tor chosen by a majority of the Disctots present.
(i) Meetings of Directors shall be governed by Robert's Rules of Order,
as such rules may be revised, insofar as such rnles are not inconsistent or in conflict with these
Bylaws, with the Articles of this Association, or with State law.
(j) Every act or decision done or made by a majority of the Directors
present at a meeting duly held at which a quorum is present is the act of the Board of Directors,
and hence of the Association, unless the Articles or these Bylaws requite a greater number.
ARTICLE IV. OFFICERS
Number and Tifies
Section 4.01. (a) The .Qffieers of the Association shall be a President, First Vice
President, Second Vice President, Secretary, and Treasurer.
(b) The Association may also have, at the discretion of the Board of
Directors, a Sergeant at Arms, one or more Assistant Secretaries, one or more Assistant
Treasurers, and such other supplemental officers as the Board of Directors may deem necessary.
A Serg~tnt at Arms may be used to maintain order at any meeting. The duties and
responsibilities of these supplemental officers shall be determined by the Board of Directors.
Qualifications
Section 4.02. Any member of the Board of Directors of this Association is qualified to
be an Officer of the Association as defined in Section 4.0~.
Election of Officers
Section 4.03. (a) The President, the First Vice President, Second Vice President,
Secretary, and Treasurer shall be elected by the Directors from among their number at their fast
meeting following their election, or, in the case of the Directors named in the Articles, at their
fast meeting following formation of the Association. Such officers, including the original
officers, shall be eligible for reelection without limitation on the number of terms, provided they
continue to meet the qualifications for office.
(b) All additional Officers listed in Section 4.01 shall be appointed by and
serve at the pleasure of the Board of Directors and need not be members of the Board of
DLr~ctors.
Terms of Office
Section 4.04. All Officers of the Association shall serve for a one (1) year period from
the time they are elected until the next annual election.
Duties of Officers
Section 4.05. (a) President. The President shall preside over all meetings of the
Association and the Board of Directors, and shall appoint the members of the Committees
identified in Section 05.01 of these Bylaws. In addition, the President may appoint a Sergeant
at Arms at any time during a meeting when it is necessary to maintain order.
(b) First Vice President. The First Vice President shall preside over the
meetings of the Association and the Board of Directors, and perform the other duties of
President in the absence of the Presi~m. The First Vice President is also responsible for
overseeing membership activities and functions.
(c) Second Vice President. The Second Vice President shall preside over
the meetings of the Association and the Board of Directors, and perform the other duties of
President in the absence of the President and the First Vice President. The Second Vice
President is also responsible for overseeing special and promotional events.
(d) Treasurer. The Treasurer shall have charge of all receipts and monies
of the Association, deposit them in the name of the Association in a bank approved by the
Board, and disburse funds as ordered or authorized by the Board. The Treasurer shall keep
accurate account and collect all application fees, dues, and charges due from members, and keep
regular accounts of his receipts and disbursements, submit his record when requested, and give
an itemized statement at regular meetings of the Association. In the absence of the President,
First Vice President and Second Vice President, the Treasurer shall preside and assume the
duties of the President.
(e) Secretary. The Secretary shall keep the minutes of all meetings of the
Association and the Board and read such minutes at the beginning of each meeting, ff requested
m do so. The Seerelax3, shall also mail out the Notices of Meeting for the Association and
Board. With the consent of the Board of Directors, the Secretary may delegate these additional
responsibilities to an appropriate employee of the Association. In the absence of the President,
First Vice Presidere, Second Vice President, and Treasurer, the Secretary shall assume the duties
of the President.
Compensation of Officers
Section 4.06. Officers shall serve without compensation.
Removal of Officers
Section 4.07. Any or all officers may be removed from office at any time by the vote
of a majority of the Directors of the Association. In the case of the removal of any officer, a
new officer shall be elected to serve the unexpired portion of the term of his predecessor at the
meeting at which the officer is removed.
Vacancies
Section 4.08. (a) Vacancies in the office of President, First Vice President, Second Vice
President, Secretary, or Treasurer Shall exist on the death, resignation, or removal of such
officer or on the failure of the directors in any election w fffi the office.
(b) The Board of Directors may declare vacant any office for any of the
following reasons: (I) if the officer is declared of unsound mind by an order of court, (2) the
officer is convicted of a misdemeanor rehtlng to the duties or activities of the Association, (3)
the officer is convicted of a felony, or (4) if within sixty (60) days after the notice of election
the officer does not accept the office either in writing or by attending a meeting of the
membership.
(c) Vacancies shall be fried by the Board of Directors at the next regular
meeting at which a quorum is present following the vacancy.
(d) Officers elected to fill vacancies, as provided in this section, shall hold
office for the unexpired terms of their predecessors, or until their removal or resignation as
provided for in these Bylaws.
Section 4.{Y). The President, First Vice President, Second Vice President, Secretary and
the Treasurer, shall constitute an Executive Committee to assist the Board in conduction routine
business of the Association.
ARTICt.F.V. COMMITT~.~-q
Section 5.01. The Board of Directors shall authorize and define the powers and duties
of all Committees. All Committees Shall serve at the pleasure of the Board. No Committee
shall adept their own bylaws or maintain their own funds in separate accounts.
Section 5.02. The President, with the approval of the Board of Directors, shall appoint
all Committee Chairpersons.
Section 5.03. All Committee Chairpersons shall be members of the Association and shall
agree in writing, to abide with all appropriate roles and regniations of the Association. The
Chairperson shall appoint or select the members of their Committee and shall provide the Board
of Directors with a complete list of the membership of the Committee.
Section 5.04. No member of the Association shall be allowed to serve as a voting
member of any Committee so long as their dues are delinquent. Non-members of the
Association may assist and work on any Committee of the Association as non-voting members
or advisors.
Section 5.05. Persons appointed in charge of committees shall be recognized by the title
of "Chairperson".
ARTICLE VI./~F~'rLNGS OF MEMBERS
Regular Meetings
Section 6.01. (a) Regular and Special Meetings shall be held at the principal office of
the Association or other place as may be designated by the Board of Directors.
Co) The time of each Regular Meeting of the Association shall be at a time
set by the Board of Directors. The mailing of individual Notices of Meeting is not required for
regularly scheduled meetings. Except in the event of a declared emergency, the Board of
Directors for the Association for that year, shall be elected at the regular meeting beld in April
of each year beginning in 1995.
(c) At any Regular Meeting, no action shall be taken on any of the
following proposals unless a written notice of the meeting has been given w each member: (1)
a proposal to sell, lease, convey, exchange, transfer, or otherwise dispose of all or substantially
all of the property or assets of the Association; (2) any proposal relating to the real property of
the Association; (3) any proposal to incorporate; (4) any proposal to amend the Articles of this
Association; or (5) any proposal to dissolve the Association.
Special Meeting
Section 6.02. (a) All Special meetings of members shall be called by the President, or
any four (4) Directors of the Association, or by not less than seventy-five percent (75 %) of the
Members of the Association.
(b) When required by these Bylaws or the Board of Directors, written
notice of the time and phce of meetings shall be delivered personally to each member, or sent
to him by United States mail, postage prepaid, or by telephone, at least seven (7) days prior to
the meeting. If sent by mail, the notice shall be addressed to the member at the address as
shown on the books of the Association and shall be deemed given at the time it is deposited in
the mail.
(c) The Notice of Meeting shall, at a minimum contain, the following
information: the location, day and thne of the meeting, the topics to be discussed, and the nature
of the decision to be made or of the business to be transacted. A copy of the Agenda for the
meeting may be substituted for the Notice of Meeting if all the required information is provided.
Conduct of Meetings
Section 6.03. (a) Meetings of members shall be presided over by the President of the
Association or, in his absence, by the First Vice President, or, in absence of both, the Second
Vice President, of in the absence of the President and Vice Presidents, any other Director of
the Association present at the meeting, or if no dinetots or officers an: present, by a chairman
chosen by a majority of the members present.
(13) The Secretary of the Association Shall act as Secretary of all meetings
of members, provided that in his absence the presiding offwer shall appoint another person to
act as Secretary of the meeting.
(c) Meetings shall be governed by Robert's RuleS of Order, as such rules
may be revised, insofar as such rules are not inconsistent with or in conflict with these Bylaws,
with the Articles of the Association or with State hw.
QuoruIn
Section 6.04. The presence of f~teen percent (15 %) of the Members of the Association
shall constitute a quorum to call to order or tramact business at any Regular or noticed Special
Meeting. In the absence of a quorum, no business shall be transacted and the only motion which
the chair shall entertain is a motion to adjourn. If after the offmial opening of any meeting, the
quorum is lost, the members present may continue w transact business until adjournment, if any
actions taken (other than adjournment) are appwved by at least a majority of the members of
the Association required W constitute a quorum.
vothig
Section 6.05. Voting shall be by voice vote, except that the election of Directors shall
be by secret ballot. Members shall not be permitted to vote or act by proxy, or cumulatively
vote.
ARTICLE VII. F_,XECUllON OF INSTR~S, DEPOSITS, AND FUNDS
Execution of Tn~ruments
Section 7.01. The Board of Directors, except as otherwise expressly provided in the
Articles of Association or these Bylaws, may by resolution authorize any officer or agent of the
Association to enter into any contract and deliver any instruments in the name of and on behalf
of the Association, and such authority may be general or confined to specific instances,
provided, however, that such contract or delivery is expressly authorized in the Charier, Bylaws,
and/or approved by the vote or written consent of a majority of the members of the Association.
The President, and the Secretary or Treasurer shall, upon being directed by the Board of
Directors or the membership, sign all leases, contracts, or other instruments in writing of the
Association.
Checks and Notes
Section 7.02. Except as otherwise specifically dewmined by resolution of the Board of
Directors, provided for in Section 7.01, by the Articles of this Association, or as otherwise
required by law, all checks, drdts, promissory notes, orders for the payment of money, and
other evidences of indebtedness of this Association shall be signed by the Treasurer, or Assistant
Treasurer, and countersigned by another officer of the Association.
Deposits
Section 7.03. All funds of the Association shall be deposited to the credit of the
Association in such banks, trust companies, or other depositaries as the Board of Directors may
select.
ARTICLE VIII. ARBITRATION OF CONTROVERSIES
Section 8.01. (a) Any contwversy between members involving their membership or
rights shall, on the written request of either member thereto, fled with the President or
Secretary of the Association, be submitted to arbitration, and such arbitration shall, except as
otherwise herein provided, comply with Sections 1281 through 1288.1 of the California Civil
Code of Procedure.
(b) gach 'party to the controversy shall select one (1) Member of the
Association as an arbitrator and the two arbitrators so selected shall select a third arbitrator from
among the Board of Directors, and the third afoitrator shall be the neutral arbitrator.
(c) The neutral arbitrator shall appoint a time and place for the hearing
and cause notice thereof to be served personally or by registered or certified mail on the parties
to the arbitration and the other arbitrators not less than seven (7) days before the hearing,
provided, however, that appearance at the heaxing waives the right W notice.
(d) The neutral arbitrator may adjourn or continue the hearing as
necessary. On request of a party to the arbitration for good cause, or on his own determination,
the neutral arbitrator may postpone the hearing to a time not later than the date fixed by the
agreement for making the ward, or to a later date if the parties to the afoitration consent thereto.
(e) The Neutral arbitrator shall preside at the hearing, shall rule on the
admission and exclusion of evidence and on questions of hearing procedure and shall exercise
all powers relating to the conduct of the hearing.
(f) The parties to the arbitration are entitled to be hear, to present
evidence and to cross-examine witnesses appearing at the hearing, but rules of evidence and
rules of judicial procedure need not be observed.
(g) The award shall be in writing and signed by the arbitrators concurring
therein. It shall include a determination of all the questions to the arbitrators the decision of
which is necessary in order to determine the controversy.
(h) The neutral aeoitrator shall serve a signed copy of the award on each
party to the arbitration personally or by registered or certified mail.
(i) The award shall be made within thixty (30) days after the conclusion
of the hearing, provided, however, that the objection that the award was not timely made is
waived unless the party objecting gives the arbitrators written notice of this objection prior to
the service of a signed copy of the award on him.
(j) The manner of con'ecting and enforcing the award shall be prescribed
in Sections 1284 and 1285 through 1288.8 of the California Code of Civil Procedure.
ARTICLE IX. BYLAWS
Adoption, Amendment, and Repeal
Section 9.01. These Bylaws shall become effective on their being signed by the original
Directors of the Association, or on their adoption by the vote or written consent of a majority
of the members of this Association. These Bylaws may be amended or repealed, in whole or
in part, and new Bylaws adopted by the vote or written consent of a majority of the Directors
of the Association. All members of the Association shall be notified of all amendments to these
Bylaws.
Certification and Inspection
Section 9.02. The original or a copy of the Bylaws, as amended or otherwise altered to
date, certified by the Secretary of the Association, shall be recorded and kept in a book which
shall be kept in the principal office of the Association, and such book shall be open to inspection
by the members at all masonable time during office hours.
ARTICLE X. REPORTS, FISCAL YEAR, INSIGNIA, AND SEAL
.Annual Report and Financial Statement
Section 10.01 (a) The Board of Directors Shall Cause a written annual report, including
a financial statement, to be prepaxed and submitted to the members in April of each year. The
t~port shall summarize the Association' s activities for the preceding year and activities projected
for the forthcoming year.
(b) The financial statement shall consist of a balance sheet, as of the close
of business of the corporation's fiscal year, a summary of receipts and disbursements, and be
prepared in such manner and form as is sanctioned by sound accounting practices and certified
by the Treasurer or a certified public accountant.
MAI~S'i'xByLAW.FIN 15 As Am~de.d by 11~ ~ of Dix~tors 31181oA
(c) The fiscal year for the Association s~all April 1 through March 31.
Insignia and Seal
Section 10.02. The Board of Directors may adopt, use, alter, or cancel an Association
insignia or seal, or both, and by rule shall prescribe the time, manner, and place in wlxich such
insignia may be worn or used.
ARTICf.R XI. CONSTRUCTION
Section 11.01. As used in thes~ Bylaws:
(a) The present tense includes the past and future tenses, and the future
tense includes the present.
(b) The masculine gender includes f~minine and neuter.
(c) The s'mgular number includes the plural, and the plural number
includes the singular.
(d) The word "shall" is idawry and the word "may" is permissive.
(e) The words "Directors" and "Board" as used in these bylaws in relation
to any power or duty requiring collective action, mean "Board of Directors".
(f) The word "Article" as used in these bylaws means the Ardcles of
Incorporation or charter for the Association.
ADOPTION
We, the undersigned, are all of the persons named as fifft Directors in the Charter of this
Association, and hereby amend and adopt the attached Bylaws of said Association.
to
Director
Director
16
ATTACHMENT 3
CITY ATTORNEY'S LETI'ER
R:',HOGAND\MAINST.CC2 11F7194 dwb 10
LAW OFFICES
BURKE, WILLIAMS & SOREN~EN
AUgust 27, 1994
Mr. Gary Thornhill
Director of Planning
City of Temecula
43174 Business Park Drive
Temecula, California 92590
RECEIVED
AUG3 119,
..
Re: Bylaws for the Old Town Temecula Mainstreet Association
Dear Gary:
I have reviewed the Articles of Association and the
Bylaws of the Old Town Temecula Mainstreet Association. The
qualifications for membership are minimal and allow for any
merchant or resident in the Old Town area, as well as other
interested persons, to become members of the Association. These
documents are sufficient to allow the Association to function as
the administrator of the Mainstreet Program. If another entity
will administer the Program, these documents can serve as the
model documents for the new entity. Any agreement between the
City and the Association or another entity which will administer
the program should require that the Bylaws and Articles of
Association or Incorporation not be amended without the approval
of the City so as to allow the City to confirm that the
membership requirements and the authority of the entity are
consistent with Council policies.
The qualifications required to become a member of the
Association are set forth in Section 2.01 of the Bylaws which
provides:
"The qualifications for membership are as follows: any
reputable person (at least eighteen (18) years of age),
business, association, corporation, partnership or
estate interested in the continued economic health and
cultural vitality of Old Town, shall be eligible for
membership."
Mr. Gary Thornhill
August 27, 1994
Page 2
Although Section 2.03 provides that members are admitted upon the
approval by a majority of the Board of Directors or the Board's
designee, very few grounds exist for the Board to deny
membership. Thus, it is clear from the Bylaws that any merchant
of the Old Town area and others interested in the Old Town area
may become members of the Association.
The Bylaws also provide for members to be elected to
the Board of Directors governing the Association. Section 3.01
of the Bylaws provides for a seven member board of Directors to
govern the Association and Section 3.02 requires that a Director
of the Association be a member for at least one year. Section
3.06 provides for an election for certain Director positions each
year by the full membership. Meetings of the Board are governed
by Section 3.11, however no provision exists requiring Board of
Directors meetings to be open to members.
Section 6.01 of the Bylaws provides that the Board
shall set the time of regular meetings of the membership. Notice
to individual members of the meeting of the full membership need
not be given; provided, however, that such notice is required
before action can be taken on the following proposals: "(1) a
proposal to sell, lease, convey, exchange, transfer, or otherwise
dispose of all or substantially all of the property or assets of
the Association; (2) any proposal relating to the real property
of the Association; (3) any proposal to incorporate; (4) any
proposal to amend the Articles Of this Association; or (5) any
proposal to dissolve the Association."
The Articles of Association provide broad powers to the
Association to implement the purposes of the Association.
Article II of the Articles of Association set forth the purposes
of the Association as follows:
"A. To promote and market Old Town Temecula;
B. To support economic development in and around Old
Town Temecula;
C. To encourage the preservation and re-use of
historic structures in Old Town Temecula; and
D. To improve the general welfare and the civic
betterment of Old Town Temecula."
Mr. Gary Thornhill
August 27, 1994
Page 3
Article III describes the legal powers of the Association. These
powers include (1) the power to sue and be sued, (2) the power to
enter into and perform contracts, (3) the power to enter into
commercial transactions authorized by the California Commercial
Code, (4) the power to buy, lease, sell and encumber real
property and to construct buildings on real property, and (5) the
power to conduct activities that ful~ther the purposes of the
Association. All of the powers of the Association are qualified
by the fact that they must be exercise so as to further the
purposes of the Association set forth in Article II. Article IX
prohibits the Association from participation in or intervention
in any political campaign on behalf of a candidate for public
office.
If you have any further questions or comments, please
feel free to call me at any time.
Ronald Bradley
David Hogan/
very truly yours,
Peter M. Thorson
of Burke, Williams & Sorensen
ITEM 36
APPROVAL
CITY ATTORNEY~
FINANCE OFFICER
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
City Council
Ronald E. Bradley, City Manager
November 15, 1994
Auto Mall Marquee Loan Funding
Prepared by: Mary Jane McLarney, Assistant City Manager
Gary Thornhill, Planning Director
RECOMMENDATION:
That the City Council reconsider a loan to the Auto Dealers Association of Temecula to erect
an auto mall marquee and provide staff direction concerning possible site relocation and design
revisions.
BACKGROUND:
On October 12, 1993, the City Council authorized a loan to the Auto Dealers Association of
Temecula in the amount of $280,000 for an Auto Mall Marquee. The auto dealers have not
yet accepted the loan and are now interested in revising certain terms of it. The loan will carry
an interest rate of prime plus 2%. The loan will assist in eliminating blight in the project area
by enhancing sales and, thereby, preventing the decline of one-use facilities, creating and
maintaining jobs in the area, and enhance opportunities for development in nearby areas. The
term of the loan is for seven years with an additional three year option.
The Auto Dealers Association will receive credit toward repayment of the loan for the
incremental increase in sales tax generated by the Auto Dealers. Fiscal year 1993-1994will
be used as the base year. Sales tax collected by the City from auto sales during the base year
was approximately $913,644. The amount paid back and/or credited will be $57,040 per
year. It is understood that each dealer's obligation could be reduced if additional dealerships
are established in the City. If the number of dealerships decreases, the City will add the
amount of the loan payments to the end of the loan period. It is also understood that the Auto
Dealers Association will provide a reasonable amount of time on the marquee for public service
messeges.
The dealers are requesting Council consider three additional items:
1)
If a dealership goes out of business, the base year is reduced for purposes of
computing the incremental increase.
2) If no increase in sales tax is realized, the entire payment would be added to the
end of the loan period.
3)
Any increase in sales tax over the annual loan payment would be applied to the
payment of the following year.
If the Council desires to fund the loan, staff would not recommend items I or 2.
Maintenance of the signs would be the responsibility of the Auto Dealer's Association.
The Planning approvals for the marquee were as follows:
Plot Plan No. 249, Amendment No, 2 and Variance No. 13 (Marquee) was approved by the
City Council on August 10, 1993. The project is a proposal for a two (2) sided, seventy-three
(73) foot high sign with electronic message board for the Temecula Valley Auto Mall located
at the rear potion of Toyota of Temecula (26631 Ynez Road). The approval is effective until
August 10, 1995, unless an extension of time is filed in compliance with current City
Ordinances.
Condition of Approval No. 9 for the project required that prior to the issuance of building
permits:
"All members of the Temecula Valley Auto Mall who chose to advertise on the electronic
message board portion of the sign shall submit an agreement with the City of Temecula which
will be recorded with the County Recorder. The agreement shall stipulate that all members
and future members will forego requesting any additional freeway oriented signage as long as
the Temecula Valley Auto Mall Marquee is erected. The addition of any future advertisers on
the electronic message board of the Temecula Valley Auto Mall Marquee will cause the
agreement to be amended, No additional advertisers will be permitted to be displayed upon
the Marquee until the amended agreement is recorded."
This condition of approval is in effect until the project expires and would apply to any freeway
oriented signage requests brought forward by the auto dealers.
As of this date, the dealers are considering relocating the sign to a site currently owned by
Kemper. They are also giving consideration to updating the technology of the sign. If either
or both occur, staff is requesting Council direction as to whether Council desires to approve
the final location and design. Under the existing Planning approval process, these approvals
would be handled by the Planning Director,
Staff is supportiveof this agreement as it will remedy the potential of an increasing number
of auto dealer signs along Interstate 15.
FISCAL IMPACT:
The loan will be funded by the Redevelopment Agency. The term of the loan is seven years
at a rate of prime plus 2%.
Temecula Automob.e
41895 Notor Car Parkway Temecula, CA 92591
November 15v 1994
Mary JaneMcLarney
Assistant City Manager
City of Temecula
by messenger
Dear Mary Jane:
The members of the Temecula Valley Automobile Dealers Association
met on Thursday, October 27, 1994 and again on Tuesday, Nevember S,
1994 to discuss our position on the proposed City of Temecula loan
for the Temecula= Auto Mall Marquee. Vote was taken. The dealers
unanimously agreed to request reconsiderorion of the loan
The dealers have agreed with the following:
· The base year for incremental tax calculation would be City of
Temecula fiscal 1993/1994.
m The City of Temecula put in force the means to require that any
new franchised automobile dealers opening in Temecula be added to
the sign agreement.
Following.our meetings, you informed me that the interest rate to
be charged would be prime plus two points, significantly higher
than the investment rate to which the City had previously agreed.
A telephone poll of the dealers has secured their agreement to the
higher rate. We would, however, appreciate that the City consider
all means of financing this project and provide the best rate
possible.
The Temecula Valley Automobile Dealers Association consists of the
following dealers:
Steve Palmet
Terry Gilmore
Dan Atwood
Tim Burke
Dick Kennedy
Eric Gosch
Nissan of Temecula
Paradise Chevrolet-Buick-Geo
Toyota of Temecula Valley
Carriage Motor Company
Norm Reeves Super Group
Rancho Ford
Thank you for your consideration.
Steve Palmet
President
cc: City of Teme~ula Councilmembers
Gary Thornhill? Planning Director
Temecula Valley Automobile Dealers A~sociation
ITEM 37
ITEM 4
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
City Manager/City Council
Mary Jane McLarney, Assistant City Manager
November 15, 1994
Community Services Funding Ad Hoc Subcommittee
RECOMMENDATION: That the City Council appoint two Council members to serve on
an ad hoc subcommittee to review applications for Community Services Funding.
DISCUSSION: Each year the City solicits applications for an annual review of
funding requests from Community Based Organizations (non-profits). We have received the
applications for Fiscal Year 1994-95 and are recluesting that the City Council select two
members of the Council to participate in the review of these applications. We anticipate that
the review will consist of one meeting. The committee will be dissolved after the review takes
place.
ITEM 38
TO:
FROM:
DATE:
SUBJECT:
APPROVAL
CITY ATTORNEY
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Interim Director of Public Works/City Engineer
October 15, 1994
Public/Traffic Safety Commission Goals and Objectives
PREPARED BY: Martin C. Lauber, Traffic Engineer
RECOMMENDATION:
The Public/Traffic Safety Commission recommends that the City Council direct staff to prepare
a resolution defining the Public/Traffic Safety Commission's Goals and Objectives.
BACKGROUND:
Section 2.44.050 of the City of Temecula Municipal Code (Public/Traffic Safety Commission -
Powers and Duties) states that the duties of the public/traffic safety commission shall be
established by resolution of the city council.
The Public/Traffic Safety Commission has held two meetings, one in September and one in
October, to formulate a proposed list of Commission Goals and Objectives. The Commission
asked staff to be present to answer questions and provide input.
The outcome of the meeting was to present the tentative list of duties at the October 2?th
meeting of the P/TSC for formal action. At that meeting the Commission voted 4 to I in favor
of presenting the attached list of duties to City Council for consideration. Commissioner
Guerriero was strongly opposed to the wording of item number 5, feeling that the commission
should NOT participate in the budget process at all. The other Commissioners felt that
participating in the budgeting activities by PREVIEWING and COMMENTING could only help
by supplying additional data for Staff to make an informed decisions. Staff felt that the
Commissioners understood that their comments were only advisory and felt that they would
feel no animosity for non-inclusion.
FISCAL IMPACT:
Nofie
Attachments: Proposed Duties of the Public/Traffic Safety Commission
-1- r.~dtpt\94~l 115'~.~ir~.¢om sol
TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA COMMUNITY SERVICES DISTRICT
HELD OCTOBER 11, 1994
A regular meeting of the Temecula Community Services District was called to order at 8:36
PM at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California.
President Jeff Stone presiding.
ROLL CALL
PRESENT:
ABSENT:
5 DIRECTORS: Birdsall, Mu~oz, Parks, Roberrs, Stone
0 DIRECTORS: None
Also present were General Manager Ronald E. Bradley, General Counsel Peter Thorson and
City Clerk June S. Greek.
PUBLIC COMMENTS
None given.
CONSENT CALENDAR
Director Mu~oz requested the removal of Item No. 2 from the Consent Calendar.
It was moved by Director Roberts, seconded by Director Parks to approve Consent Calendar
No. 1. The motion was unanimously carried.
1. Minutes
1.1 Approve the minutes of September 27, 1994.
Utility Aoreements for Pala Community Park - Project No. PW93-O3CSD
Councilmember Mu~oz asked if it is standard to pay fees to other public agencies.
General Manager Ron Bradley responded this is standard procedure. Councilmember
Mu~oz asked what these fees are based on. Interim Director of Public Works Joe
Kicak explained the fees are based on the length of trench and services provided.
Minums. CSD\101194 -1- 7/19/94
Temecula CommuniTy Services District Minutes October 11, 1994
It was moved by Councilmember Mu~oz seconded by Councilmember Parks to approve
staff recommendation as follows:
2.1
Authorize the Mayor to execute the contract for Extension of Electric Line
Underground with Southern California Edison Company (SCE) to provide for
installation of an underground line extension to Pala Community Park.
2.2
2.3
Authorize the Payment of SCE application fees in the amount of $16,235.71.
Authorize the Mayor to execute the Water System Construction Agreement and
the Agency Agreement with Rancho California Water District (RCWD) to provide
for installation of domestic water service to Pala Community Park.
The motion was unanimously carried.
GENERAL MANAGERS REPORT
None given.
DIRECTOR OF COMMUNITY SERVICES REPORT
None given.
DIRECTORS REPORT
None given.
ADJOURNMENT
It was moved by Director Roberts, seconded by Director Parks to adjourn at 8:42 PM to a
meeting on October 18, 1994, 8:00 PM, Community Recreation Center, 30875 Rancho Vista
Road, Temecula, California. The motion was unanimously carried.
ATTEST:
June S. Greek, City Clerk\Board Secretary
Jeff Stone, President
Minutes. CSD\101194 -2- ?/19/94
ITEM 2
APPROV
CITY Aq'I'ORNE~~
FINANCE OFFIC R
CITY MANAGE
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
Board of Directors
Ronald E. Bradley, General Manager
November 15, 1994
Community Services Recreation Brochure
REPA ED BY Herman D. Parker, Recreation Superintendent
RECOMMENDATION: That the Board of Directors:
Accept proposal of 915,039 from Graphics Unlimited to print one (1) issue of the Community
Services Recreation Brochure.
DISCUSSION: A Request for Proposal (RFP) was released by the City to solicit proposals for
the development and professional production of the Community Services Recreation Brochure.
The winter/spring issue will be distributed city-wide on January 6, 1995. The brochure will
include 24 pages with a glossy, full color, seventy-weight outer cover and glossy seventy-
weight interior pages. Services provided will include design, camera ready art work, type
setting layout, final printing and delivery to the U.S. Post Office for bulk direct mail delivery.
The proposals, including sales tax, were submitted as follows:
1. Graphics Unlimited 915,039
2. Maurice Printers 915,403
3. Penny Saver Solo Direct 918,329
It is staff's recommendation to award production of the recreation brochure to Graphics
Unlimited as the lowest, qualified bidder.
FISCAL IMPACT: Cost to produce one (1) issue of the Recreation Brochure will not exceed
915,039. Unencumbered funds exist in account #190-180-999-5222.
ITEM 3
APPROV
CITY ATTORNEY~
FINANCE OFFICE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
Board of Directors
FROM:
Ronald E. Bradley, General Manager
DATE:
November 15, 1994
SUBJECT:
Acceptance of Agreement and Bonds - Kaufman and Broad of
San Diego, Inc.
PREPARED BY: ~c~ ~¥~'" Beryl Yasinosky, Management Assistant
RECOMMENDATION: That the Board of Directors:
Accept the agreement and surety bonds provided by the developer to improve the perimeter
landscaping within Tract No. 23125-1 - Kaufman and Broad o~ San Diego, Inc.
BACKGROUND: Pursuant to the conditions of approval for Tract No. 23125-1 ,the
developer is proposing to improve the perimeter slope areas along Butterfield Stage Road and
De Portola Road for dedication to the City for maintenance purposes. To insure these areas
are constructed to City standards, staff has required the developer to post security to improve
the site based upon the certified construction cost for the improvements.
As a result, Kaufman and Broad has entered into an agreement with the City and has provided
surety bonds, issued by American Casualty Company of Reading, Pennsylvania and the
American Insurance Company, as follows:
AMCAS Faithful Performance Bond No. 13764021 in the amount of $95,000.
AIC Faithful Performance Bond No. 11133152287in the amount of 995,000.
AMCAS Labor and Materials Bond No. 137649021 in the amount of 947,500.
AIC Labor and Materials Bond No. 11133152287in the amount of 947,500.
AMCAS Warranty Bond No. 137649021 in the amount of 99,500.
AIC Warranty Bond No. 11133152287in the amount of 99,500.
The Bonds will be retained until final acceptance of the landscaping is completed and
acceptance has been approved by the Board of Directors. Staff will then recommend that the
Board of Directors authorize the reduction or release of the bonds.
Upon acceptance of the aforementioned bonds, the City Clerk is authorized to release the
landscape bonds which were previously issued by Developers Insurance Group for the Toman
Company, Inc., as follows:
Faithful Performance Bond No. 136485S in the amount of $190,000.
Labor and Materials Bond No. 136485S in the amount of 895,000.
Warranty Bond No. 136485S in the amount of 819,000.
FISCAL IMPACT: The cost of construction for this area will be borne by the
developer. Staff anticipates that operation and maintenance costs will be included in the FY
1995-96 budget for Service Level C.
ATTACHEMENTS:
1. Site/Location Map.
2. Copies of Agreement and Bonds.
SITE/LOCATION MAP
TRACT NO. 23125-1
BOND NO. 11133152287 - AIC
PREMIUM: $1,093.00
CITY O1= T~'vIECULA
PARKLAND/LANDSCAPE FAITHlrLFL PEILFORIvIANCE BOND
WHEREAS, the City of Temccula, State of California, and KAUFMAN AND BROAD OF
SAN DIEGO, INC. (heroinafter designated as 'Principal") have entered into an A~eement
whereby Principal agrees to install and complete certain parkland Improvements, which said
Agreement, dated 19__, and identified as Project STERLING RANCH
TRACT 23125-1 , is hereby refcrr~t to and made a part hereof; and
WI-~-REAS, Principal is r~!uired under the terms of the Agreement to furnish a bond
for the Faithful Performance of the Agreement;
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA AND THE
NOW, TIq'FREFORE, we the Principal and AMERICAN INSURANCE C{~s surety, am held
and fin-rely bound unto the City of Temecula, California, in the penal sum of $19o. 000.00 ,
lawful money of the United States, for the payment of such sum well and truly to be made, we
bind ourselves, our heirs, successors, executors and administrators, jointly and severally.
The condition of this obligation is such that the obligation shall become null and void if
the above-bounded Princ!pal, his or its heirs, executors, administrators, successors, or assigns,
shall in all things stand to, ab~de by, well and truly keep, and perform the covenants, conditions,
and provisions in the Agreement and any alteration thereof made as therein provided, on his or
their part, to be kept and pcffformed at the time and in the manner therein specified, and in all
respects according to his or their tru~ intent and me~qnlng, and shall indemnify and save hardaless
the City of Ternecnia, its officers, agents, and employees, as therein stipulated; otherwise, this
obligation shall be and remain in full force and effect.
As a pan of the obligation secured hereby and in addition to the face mount speci.fie,
therefor, there shall be included costs and reasonable expenses and fee~, including reasonable
attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed az
costs and included in any judgement rendered.
The surety hereby Stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Agreement or to the work to be performed thereunder or the
specifications accompanying the saxne shall in anyway affect its obligations on tkis bond, and
it does hereby waive notice of any such change, extension of tixne, alteration or addition to the
terms of the Agreement or the work or to the specLfications.
///
///
///
///
///
///
///
///
///
/// .'
///
III
IN WITNF_.SS WI-IEREOF, this instrument has been duly executed by the Principal and
Surety above naxned, on ncmna~. ~ ~ , 19 9~
(Seal) (Seal)
AMERICAN CASUALTY COMPANY
SIJI~TY: OF READING, PENNSYLVANIA
LIABILITY LIMIT: $95,000.00
JKAN L. WILLCOX
(Name)
ATTORNEY-TN-FACT
(Title)
SURETY: THE AbIERICAN INSURANCE COM]?ANY
State of CALIFORNIA
County of SAN DIEGO
On 10/14/94 before me, PAMELA J. ARAGON
p vsonallyappeared JOHN W. FULBRIGHT and WILLIAM R. CARDON
rsonaily known to me - OR - [] proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
KAUFMAN AND BROAD
PR.IlqCIP;J_: OF SAN DIEGO, INC.
No zcs
CAPACITY CLAIMED BY SIGNER
r-I INDIViDUAL(S)
Yi~XCORpORATE Vice Presid,
President
OFFICER(S)
Trn. EISI
[] PARTNER(S)
[] ATTORNEY-IN-FACT
[] TRUSTEE(S)
[] SUBSCRIBING WITNESS
[] GUARDIAN/CONSERVATOR
[] OTHER:
............. %~ the same in his/her/their authorized
PAMELAJ, ARAGON capacity(ies), and that by his/her/their
COMM. ~ signature(s) on the instrument the person(s),
NOt DIEGO COUNTy ~' NAME OF PERSON(S) OR ENTTT~f(IES)
u ~TuPtt'~'C°iif°m~ ~ ortheentityuponbehalfofwhichtheperson(s) SIGNER IS REPRESENTING:
y cornre. ex;4tes ~ 12 1~6 cted, executed the instrument.
.......... ~'~ 'Witness ha d ~"d"Offi' t seal.
.; CE IFICATE Title or Type of Document
ST BE A'I'rACHED
TO THE DOCUMENT er of Pages Date o Document
DESCRIBED AT RIGHT. S gner(s) Other Than Named Above
THE AMERICAN INSURANCE COMPANY
|ers~Fe~-~t~/Z0.|~4~.andred~atediotheSmeorN · . ~~t~ay~.~,eor
...... JEAN L. WILLCOX ......
JLeUl~aodinwTulAttorf~s).-hi. FI,K~a,wtthfu~ wefsndauthodtykre oonfeffu!laluotm~,p~udst~d. toa~'~M,k~,k-.k~t4~d/~ud~muy
~ I~r.of nttornr/Is ~t.,.~ p~suut to A~clc VII. ~'dons 4~ and 4~ of By-laYs of ~ A~EIUCAN IN~UP~ANC'~ COMPAJ~Y a~w In f~l foist and
ofa~o~lsd~du~a~bytka~lbodlyof~fo~nlg~lut;~a d ~dof~sof~E~Rl~
a~, ~M t~ dlMt~ ~ any ~-~cnt, ~ut ~, ~d Bulkel ~nt ~n~ 0,r ~ ~riGH, a~ ~ ~ of Ih~
~ my ~ I ff~ ~ ~t~ ~ lay ~e Of ltt~My, H any Twain of uy F~ of Mt~, ff N u7 ~JC~te r~t~ t~o. ~ fanimP,
~ ~ ~ of atto~, uy ~ of uy ~w~ of att~, ~ ~l~te ~q s~h fm~ ~tutt ~ fa~e ~ ~d k ~ ud bi~inl
~ WHE~OF, THE ~ERIC~ I ~U~N~ ~MPA~ ~ ~u~ t~ pt~na to k si~ by hs ~-Ptu~nt. ~ ju ~ate gd to
'~nto~u~ 18~ ~y~ June .1990
By
THE AMERICAN INSURANCE COMPANY
STATEOFCALIFORNIA } m.
COUNTYOFMARIN
O~sthls 1St dayor June , 19 t)0 ,heforcmepersoau/1 came R.D. Farnsworth ,
to me kn~wa. who, b~n/by m~ duly worn. did depos~ and say: that he Is V~-Pruld~:t of THE ~TI~IC. AN INSU~qCE COMPANY, the Corporation
~ In knd which ue~t~l ~ above Inurun~nt: that he known the soul of stld C~rp~ado~; t~al the gd afFtud to the t4id la.b'umenl Is ~ch co~p4rale
0u~;thathwus~a~L~edby~t(kf~ftheBo0~rd~fD{2ea~rs~fuJdC~f1~raL~and'kathes~$nedhis~suntthete~b~fke~td~
IN W~ WHEREOF. I have hee~mto s~ my hand and affi3ted my offictaJ Ka/. the day and year hetein f'un aheve writtea.
OFF/CIAL SEAL
NOTARY PUBLIC- CALIFORNIA
Prlmi~al Office k Ms~ ~
~OF~R~
~OF~RIN
CI. KZUSC. A3'S
3~711-TA-4-~0 (RI~)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of LOS ANGELES
On 10/11/94 before me, BETTY WALKER, NOTARY PUBLIC
DATE NAME, TITLE OF O~t-FICER - E G., 'JANE DOE, NOTARY PUBUC'
personally appeared JF_~q L. WILLCOX
NAME(S) OF SIGNER(S)
[] personally known to me - OR - [] proved to me on the basis of satisfactory evidence
to be the personS) whose name(s~) is/a~
subscribed to the within instrument and ac-
knowledged to me that-be/she/tbe~ executed
the same in t;s/her/fi~ei; authorized
capacity(~es), and that by ~-,is/her/tt;=ei~
signatureS) on the instrument the person(~,
or the entity upon behalf of which the
person(~) acted, executed the instrument.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
[] INDIVIDUAL
[] CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
[] PARTNER(S) [] LIMITED
[] GENERAL
[] ATTORNEY-IN-FACT
[] TRUSTEE(S)
[] GUARDiAN/CONSERVATOR
[] OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
AMERICAN CASUALTY COMPANY
OF R~ABtNG, PENNSYLVANIA
SIGNER(S) OTHER THAN NAMED ABOVE
¢)1993 NATIONAL NOTARY ASSC)CIATION · 8236 Reinmet Ave.. P.O, BOx 7184 · Canoga Park. CA 91309-7184
Atnertcan ss, a~uan~ ~,ompanI
01 Reading, P®nnsylvanll
CNA
All tJs~ C4m mltmcnu Yott Mike'
:es/Chic~fe, Illln~s,~
POWER OF 'ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men bI Ihese Presents. Tlgt AMERICAN CASUALI'f CO MPAJ, t'Y OF READING. P~NNSYLVANIA. a corDor,tt~o~ dul/{~;lamztd and
exiStartI under the IlwS Of the Co~rno~wealffi of PennSyNan~, and hayinIds prsnc~pal office sn the Cdy Of ChucKle, end
$tale of lllinO~S. 6o,esherebymke. co~ststuteandappotnt Jean L. I~111cox, Wesley R. Downey, Pamela L. Jacobs,
Larry G. O'Donnell, Individually
Los Angeles, California
Zn Unlimited Amounts -
and to b,nd AMERICAN CASUALTY COMPANY OF READING. F~NNSYLVANIA thereby as fully and Io the gm~ exlent aS if such instruments were
solned h the duly authorszeal OffiCerS ~ AMERICAN CASUALTY COMPANY OF READING. P~NNSYLVANIA and all the acts of g~d Atlorne.v.
pursuant to the authority hereby l,ven are hereby ratified and confirmed,
Thss Power of Attorney iS m~de and executed pursuant to and by authority of the IoflowinI By. Law duly adopted by the Board of D,rect~rs of
the, Comp,lny'
"Atllcle VI-Extcut|on of Oblipt|on.s Ind Appofnlmenl of Allorne}'.in-Fect
~ecteon2 A~ntntent of Att~tn~y.m~act. The Pr e$~den~ or V~ce Pre~ident m~y. frorn time l~ tim~ ap~dnt by writt en certi~k`J t~ att~r neys~
m-lid to act m bahall of the Company In the execution Of pohcies Of insurines. bonds, unded~!kinJ$ ind other obhiatory instruments of like
n4ture $u¢h attornelt.gn.tact. Subled 1o the hmitat~on$ Set forth in the~r respective CEddK4lCS O~ authority, shall have full Dower to b, nd the
Present o~ the Boatel of D~rectots may at any hm4 revoke all power and author'try previously Iwen to iny attorney.in.tact."
Th~s POwer of Attorney ~$ $iined and Sealed by ticscrude under and by the luthorify Of the Ioaow~nI Resolution adopted by the Board ot
-letors of the Conepatty &I a meet,hi duly ulled and held on the llth d,gy of NOvember. 3966:
· 'Resolved. that the S~£Mture Of the Prl$tdent or a V~Ce PresKJent and the Seal of the ComNny rney be affixecl by ticsimile on an)' power
Of attorney Irariled pursuant to Se:t~on 2 of Allude VI of the By-Laws. and the $~linatu~e ot the ~ret&ry or In Assistant ~S..e~r(ar,/end
$~ln4ture$ end Seal shall be valid and b~ndmI On the Company Any SUCh ~er SO executed and Sealed and ced~hed by ced~ft.,Ite So executed
and Sealed shall. wtth reslx~t to any ~ or undertakm{ to which d ,s attached. COntinue to be v/lid and b,ndmI on the
h .
AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA
co~.zy ~l coo~ I 'f I
J. E. Pvrtell V~ce PresK~ent.
On thG 6th e,y Of September . le~ 90 belore me ~ers~n~lll ume
J- E Purlell. to me known. who. bean rn~ Gu swo~n. dKI dense and M ' that he res&des ,n the Vdlaie Of Glenvsew, State of Ilhn06 th~t he ss
a V~ce-Pres~ent of AMERICAN CAS~J~LI~ COM~A~IY OF READING. PENNSYLVANIA. the cotporat,~ descnbe~ :n the wh:ch ezecuted the above
ecknow4edie$ $,lrn~ tO ID; the act an~ deed of/4id
CERTIFICATE
I, George R. Nobaugh, Asslslenl Seerslet of AMERICAN CASUALTY COMPANY OF READING, P~NNSYLVANIA, do cerli/y thor Ihe Power of
Attorney he~ein above eel forth Is still in force, ind luther cedlly tlgt Seption 2 of Article VI Of the By. Laws of the COmpany sndlhe Resolution
ot the Bo~d of Directors, sel forth in s~ld Power ot Attorney Ito still In force. In lestimony Whetlot I have hereunto Subscribed my m end
"lxed the ml Of the laid Company this 11 dr/9f 0ctobeT' .IP 94. ~
CITY OF t'VfECULA
PREMIUM INCLUDED IN FP
PARKLAND/LANDSCAPE LABOR AND MATERIALS BOND
WHR'RE~S, the City of Temecula, State of C~Ufornia, and KAUFMAN AND BROAD OF
SAN DIEGO, INC; (hereina/'ter designated as "Principal") have entered into an Ag~reement whereby
Principal agrees to install and complete cemin Parkland Improvements, which said A=~-mement,
dated , 19 , and identified as Project STERLING RANCH TRACT 23,125-1
is hereby referred to and made a par~ hereof; and
WR']=-R. FAS, under the terms of said Agreement, Principal is required before entering
upon the performance of the work, to fi/e a good and sufficienn payment bond with the City of
Temecula, to secure the claims to which reference is made in Title 15 (commencing with Section
3082) of Part 4 of Division 3 of the Civil Code of the State of California; and
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA AND THE
NOW, TH}--~LEFORE, we the principal andAMERIcAN INSURANCE CO-as Surety, are held
and fh-m/y bound unto the City of Temecula, C~]ifornia, and all cont_ractor3, subcontractors,
laborers, mater~slmen, and other persons employed in the performance of the aforesaid
Agreement and referred to in Title 15 of the Civil Code, hn the penal sum of $ 95 ,ooo.Q(lawful
money of the United States, for materials furnished or labor thereon of any kind, or for mounts
due under the Unemployment Insurance Act with respect to such work or labor, that Surety will
pay the same in an mount not exceeding the mount set forth.
As a par~ of the obligation secured hereby and in addition to the face mount specified
therefor, there shall be included costs and reasonable expense~ and fee~, including reasonable
attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as
costs and included in any judgemerit rendered.
It is hereby expressly stipulated and a~v, ed that this bond shall insure to the benefit of
any and all persons, companies and corporations entitled to ffte claims under Tide 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so a~ to ~ve a right
of action to them or their assigns in any suit brought upon this bond.
If the condition of this bond is fully performed, then this obligation shall become null and
void; otherwise, it shall be and remain in full force and effect.
The surety hereby stipulates and agees that no change, extension of time, alteration or
addition to the terms of the Agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anyway affect its obligations on this bond, and
it does hereby waive notice of any such change. s, extension of time, alteration or addition to the
terms of the A~reement or to the work or to the specifications.
IN xTvrI-N'F. SS Vv'}-t'~.P,..EOF, this instrument has been duly executed by the Principal and
Surety above named, on OCTOBER 1] , 19 %,
(S~l) (Se~l)
AMERICAN CASUALTY COMPANY
SLrI~'I'Y: OF READING, PENNSYLVANIA
LIABILITY-~IMIT: $47,500.00
BY: ~ ~, .... ,
JEAN L. WELLCOX
(NANnS)
ATTORNEY-IN-FACT
SURETY: THE AMERICAN INSURANCE COMPANY
JEAN L. WILLCOX ( Name )
ATTORNEY-IN-FACT (Title)
KAUFMAN AND BROAD
pRINCIPAL' OF SAN DIEGO, INC.
By: ,~'~ ~ [~, ~,~
By: , ~
APPROVED AS TO FORNI:
CALIFORNIA
State of }
' r~ounty of SAN DTEGO
OnI 10 / '14 / 9 4 before me,
13ATE
PAMELA J. ARAGON
CAPACITY CLAIMED BY SIGNER
[] INDiVIDUAL(S)
~CORPORATE Vice Presid,
President
OFFiCER(S)
TrTL~iS)
[] PARTNER(S)
[] AI'rORNEY-IN-FACT
[] TRUSTEE(S)
[] SUBSCRIBING WITNESS
[] GUARDIAN/CONSERVATOR
[] OTHER:
personally appeared JOHN W. FULBRIGHT and WILLIAM R. CARDON
rsonally known to me - OR - [] proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to methat he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
............. t signature(s) on the instrument the person(s),
eMyPAMELAJ. AP, AGON ortheer'Jt~ nbehalfofwhichtheperson(s) SIGNER IS REPRESENTING:
t ~ DI~_,O COUNW ' ' n icial sea
cornre. ex~'es A,~ 12.1
ATTFJfTION NOTARY: Atmougn me inton'nat~on recluested I:>elow Is OPTIONAL, ~t EC3uk~ Or'~,em ffaudul'eRYarmcnmenz ot tins certfficale to unaumonzed Ooc~Jment,
t Ti,,e or T pe o, Do ..men, '
; TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
.t
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of LOS ANGELES
On ] 0/11/94 before me, BETTY WALKER, NOTARY PUBLIC
personally appeared JEAN L. WILLCOX
[] personally known to me - OR - [] proved to me on the basis of satisfactory evidence
to be the person(~ whose name(s) is/af,-e
subscribed to the within instrument and ac-
knowledged to me that ~'~e/she/t~t'a~ executed
the same in ~x~s/her/t3a~M~ authorized
capacity~s), and that by ~i~/her/t~e~:
signatureC~) on the instrument the person(U,
or the entity upon behalf of which the
person(~ acted, executed the instrument.
· ~ BET'rY WALKER
NOTARY PUBLIC- CAUFORNIA
LOS ANGEL[.S COUN~
· M~' Cornre. ExOires Sept. 20. 1997
OPTIONAL
Though the data below is not required by taw, it may prove valuabte to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
[] INDIVIDUAL
[] CORPORATE OFFICER
DESCRIPTION OF A]'rACHED DOCUMENT
Tm.E(S)
[] PARTNER(S) [] LIMITED
[] GENERAL
[] AI'FORNEY-IN-FACT
[] TRUSTEE(S)
[] GUARDIAN/CONSERVATOR
[] OTHER:
TITLE OR TYPE OF DOCUMENT
NUMBER OFPAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
THE AMERICAN INSURANCE COMPANY
SIGNER(S) OTHER THAN NAMED ABOVE
993 NATIONAL NOTARY ASSOCIATION · 8236 Remrnet Ave., PO. BOx 71 154 · Canoga ParK. CA 91309-7184
tomot
AFtOWNEr THE AMERICAN INSURANCE COMPANY
...... JEAN L. WILLCOX ......
mtroeaodtaw~ulAstoa~(s)-ia-r. aa~,.vdthrun wetsndaudsczdtybxrc azrervedtalutmu~.pbc~udacst. touccu~.scal. acbsow~Ltes~d~vcru7
snd~bends,~___.,,~kinS. m:or -.-~.o~c~wrhtcuo~ll~atSoust,l~utu, O~sol' ....................................
eadtob~fsdtheCerlxx~Lioathacb ufullla~dtoU~um~cxl~tulls~hkmdswcgs bY the Pteddart, Jcttedwl0sth~caxporatcsaloftbc
This powcr.of at~ornry Is Zraated porturn to ArLjdc VII, SectJoas 43 and 4~ of ~By-laws of THR AMXRJCAN I~UKANC~ COMpAI. s'Y now Lu full fotcg sad
~A~6c~ V1L A~o~M~s~ ~sd Awr-~r~(~ ~f Res~mj. ~ Af.~or~t.~..b~ct ~ad ~ ~ ~ ~ ~ ~ ~ A~
~.6~A~r~rt~T~eau~`~P/~fsaK.~Re~deMAnb~s~cs~s~es~A~e/~a.~rkqsm~A~sud.`wbeu~M~~
~ ~ofa~o~lsst~un~a~bytkauthodtyof~foHo~nl~lutl~a ~ ~of~sof~E~ERI~
'~L~, ~g t~ ggMtm of any ~-~dent, ~t ~a ~d Rulknt ~m ~n~ of ~ ~rmd~ a~ ~ ~ of th~
~&~ ~y ~ a f~ ff ~t~ ~ any ~ of &terRy, ~ any tff~n of uy ~wff of Mt~ n ~ uy ~lF~tc t~ tk~o. ~ fani m~.
k~nto~ru~ 1st ~y~ June ,1990
THE AIV~RICAN INSURANCE COMPANY
~f. ATE OF CALIFOP, NIA } m,
COUNTY OF MARIN
Onehis [st daTof June ,1990,b~forcmeperson~el cam, R.D. Farnsworlh ,
to mc Icnowu0 who, Ixtnl by me dull prom. did d{pos~ an-4 say: that he is Vk~-praidcnt of THE ~I~ICAN INSUR, ANCE COMPANY. fix Corporation
descr[bcd tn ~d whJc~ cxoc~ted Ik abovc ~AKnament; that he knots ~ sui of said Corp~x atlon; t~at the sc, d afVncd to the Mid instzum4mt is suds co~poeate
ecsl; dsst Is w'u so gllxed by order of thc Ik~rd of Directors of slid CorporaLion sad tisst he s[lnod hLs nsac Lim't4o by ]lkt ~'der.
IN WZ'I'NI~$ WHEREOF, I have hcreunto set my hLqd and alTn,-4 my ofi':cts] KaJ. the day and ),es~ h~ctn rv:st ahQvt wrillea.
OFFICIAL SEAL
I.M. VANDff0RT
NOTARY PUBLIG-GALIFORNIA
Prlm:i~a~ 0fi1~0 b Msrio
$TATR OP CALIFORNIA
COUNTY OF MARIN
! theund~,ResMentAssistettSeaeu. ryofTHEAMERICANINSURANCECOMPANY, e NEBRASKA ~,DOHEIUEBYC'E~,TIFI'Ihat
~b~fotelOI lad ~Ui~h~dP~WER~FAT~Q~1~NEY~mEinsinf~1f~rcgand~sun~¢b~:~m~ked;~nd~d~gn~t~V~4~ud~f~
By4a,irs of tn~ Cot~Lion. ud the Res~ufio~ of the Board of DIsccgocs~ gt forth bs the Powff of Attoag/, ~ aow bs force.
S:t&sz~udsc~ledsttl~CounF/ofM&rt~,DMeddm= '[l d,yor r~,-.t-~h~..,- 19 q/'
3(4111-TA4-g~
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFOKNIA
County of LOS ANGELES
On 10/11/94
DATE
personally appeared
[] personally known to me
before me, BETTY WALKER, NOTARY PUBLIC
JEAN L. WILLCOX
- OR - [] proved to me on the basis of satisfactoq/evidence
to be the personS) whose name(~ is/af4~
subscribed to the within instrument and ac-
knowledged to me that J~e/she/ibey: executed
the same in ~s/her/t~s~i:r authorized
capacity~es), and that by ~is/her/th~i~:
signature(Ji) on the instrument the person(~,
or the entity upon behalf of which the
person(s} acted, executed the instrument.
COMM,//1003839
NOTARY PUBUC - CALIFORNIA
~.OS ANGELES COUNTY
My ~mm. [xpir5 ~Ot. 20+ 1~7
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
[] INDIVIDUAL
[] CORPORATE OFFICER
DESCRIPTION OF AI'rACHED DOCUMENT
Tm, E(S)
[] PARTNER(S) [] LIMITED
[] GENERAL
[] ATTORNEY-IN-FACT
[] TRUSTEE(S)
[] GUARDIAN/CONSERVATOR
[] OTHER:
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES}
AMERICAN CASUALTY COMPANY
OF READING, PKNNSYLV&NIA
SIGNER(S) OTHER THAN NAMED ABOVE
O1993 NATIONAL NOTARY ASSOCIATION · 8236 Reinmet Ave., P+O. BOx 7184 · Canoga ParK, CA 91309-7184
American Casualty Company
of Raiding, P®nnsylvlnll
C'NA
Tot All t)~ C4mmltNnti YoM Male°
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
IRon All Men b)' Ihell Prosenit,, That AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA, a co~poral~ duly o~lan,zed ar~
ezlst,nI under the Uwl, of the Commonwealth ~1 Penns)lvankl. and hewnI its ~',nc¢~ll office m the Cdy o{ Ch,calo. and
SlateOItllin~>iS. cJ, oesheret)yrnake. conshtute and appoint Jean L. Ifil lcox, I~esley R. Oov~ney, Pamela L. Jacobs,
Larry G. 0'Donnell. individually
d Los Angeles, California
~s true and ~ul Attorney.an. Fad wdh fur power and authority hereby conferred to S~ln. Hal and e~Kute m ~S beha~ bonds. undedaklnls and
other O~lato,'T instruments d similar Mture
- In Unlimited Amounts -
and to b,nd AMERICAN CASUALTY COMPANY OF READING. F~[NNSYI. VANIA thereby as full}. and to lhe s~rne talent as if Such mstrutnents were
telned the the duly authorized olfK;ers ol AMERICAN CASUALTY COMPANY OF READING. I~NNSYLVANIA and all the acts ot lard Att~ney.
pursuant to the authority hereby liven ire he,eby ratified and co~rn'te~.
Th,s Power of Attorney IS n~lde and executed pursuant tO and by authority Of the tolloweI By. Law duly adopted by the Board of Directod'$ ol
the, Company
"Adlcle Vl- Execution el Ob~lafioqs Ind Appolnlmenl el Atlorntl'.ln.Flcl
Sect,on 2 ApDo,ntment ot Atepiney-re.tact. The Pres~denl or V~ce President my. from time to hme. apfx~nl by write en ceditt, ates attorneyS-
in-tad to act m behalf ol the Company m the axecut,on ot POIK~eS Of msurance. bonds. undedakinls and other obl~iatory rostrum, antS Of like
nature Such attorneys-m-tact. Subject to the hmdat~ons set Iodh in their respedwe c~rt~tfjtes Of authordy, lhall have lurl power to bnd the
C. zN~pany by their S~lnature and execution ol any such instruments and to attach the teal Of the Company thereto The Pres~ent ix any V~ce
Pres~ent ix the Board Of Detectors may at any time revoke all power and authdx~ty ptev~ously I~ven to any attorney-in.feel."
Th~$ Power ol Attune)- t$ S~lned and sailed by facsimile under and h the authority OI the kmow~nI ResolutiOn adopied by the Board ol
D~rectors o~ the Company at I matt,hi duly ellled and held on the ~ ]th day of I~vember.
· 'Re~ved. that the S~inature Ot the President Of a VN:e President and the seal of the ComNn}, may be sl'hxed by facsimile
of altOf nay Iraneed pursuant to ,~'.ct~t 20I ArtKit Yl ol the ey-Laws. and the S~lmlture of the ,~retary
MiI OI the Cd:,mpany may be affixed by lasc~mde to any cedars.ate of any ~uch power. and any Ix)wet N certif,'.ale bearmI SuCh facs~mde
S~lnalures and seal shall be valid and bmdmI o8 The Company Any Such power $o executed and Maled and cedif,ed b/ceddK. lte so execuled
end sealed shall. wtth resI)ed to any bc~ or untiedakinI to wh~..h ~ as attached. COntinue Io be valid and bend~nl: Oh the Cornpanl~.'
AMERICAN CASUALTY COMPANY OF READING. PENNSYLVAHIA
co~,~y ,t cook t ss 'f
J. E. Pureell V~Ce President.
On th,S 6th ~y ot September
J. E Purrell. to me known. who. be~n m~ du sworn. did dense and s.I: that he res~es m the Vmltal~ 0t Glenv,~w. State ol Ilhno~$ thit he IS
rostrumant. that he knows the sell OI MK] Corlx)rat~On; that the seal aftlied to the Sd~d rostrumant ~ SUCh corporate Sail. that mt wit $o affi.ed
h
pursuant to 8ut orlly even by the Board O~ O~rectors of Mid corporation and that he Stained h~$ Mm¢ thereto pursuant to like authordy. arid
8cknowledee$ Same to the act and deed Of Said cofl:~rat~on.
CER~FICATE
· C. C)¢mp~ DIary PublK;.
H,y CornmlsstoLh; Expires HouSe;' 12, ]990'
I, George R. Hobsugh. Assistant Secretart Of AMERICAN CASUALTY COMPANY OF READING, P~NNSYLVANIA, do cedlht that the POwer of
Attorney heroin above set fodh Is still in force. Ind lulher certify that Section 2 of Article V1 of the By-Laws of the Company an~ the Resolution
ol the BoNd of Directors, let lodh In Mid Power Ot Attorney
affixed the ml of the leld Cixttp~ny thle 11 dr/
BOND NO. 11133152287 -
PREMIUM INCLUDED IN FP
CD'Y OF T~CUL~
PA1LKIAND/LANDSCAPE WARRANTY BOND
WH ~--k.EAS, the City of Temecula, State of California (heremafter designated as "City"),
KAUFMAN AND BROAD
and OF SAN DIEGO, INC. (hereinafter designated as "Principal") have entered into an
Agreement whereby Principal agTeea to install and complete certain designated Parkland
Impr6vementa, which said Agreement, dated 19 ., and identified as
STERLING RANCH
Project TRACT 23125-1 , is hereby referred to and made a part hereof; and
WI4~REAS, Principal is m,,quixed to warranty the work done under the terms of the
Agreement for a period of one (1) year following acceptance thereof by City against any
defective work or labor done or defective materials furnished, in the mount of ten pement
(10%) Of the estimated cost Of the improvements;
AMERICAN CASUALTY COMPANY OF READING, PA. AND THE
NOW, THEREFORE, we the Principal and~M~RTCAN INSURANCE CO ,as surety, are held
and fLrmly bound unto the City of Temecula, Ca]ifo,mia, in the penal sum of $ ~ 9 ,n0rLn~ ,
lawful money of the United States, for the payment of such sum well and truly to be made, we
bind ourselves, our heirs, successors, executors and administnttors, jointly and severally. The
condition of this obligation is such that the obligation shall become null and void if the above-
bounded Principal, his or its heirs, executors, administrators, SUCCeSSOrs, or assigns shall in aJ.[
things stand to, abide by, well and truly keep, and perform the covenants, conditions, and
provisions in the Agreement and any alteration thereof made as therehi provided, on his or their
part, to be kept and perfomed at the time and in the manner therein specified, and in all
respects according to his or their nine intent and m~n~ng, and shall indemnify and save harmless
the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this
1
obligation shall bc and remain in full force and effect.
As a pan of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attomcy's fees, incurred by City in successfully cnforcing such obligation, all to be taxed ~s
costs and included in any judgemerit rendered.
The surety hereby stipulates and agr~s that no change, extension of time, a/teration or
addition to the terms of the Agrecmcnt or to the work to bc performed thereunder or the
specifications accompanying the sarnc shall in anyway affect its obligations on this bond, and
it does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the A~'eement or to the work or to the specifications.
4
IN WITNESS WIq'gREOF, this instrument has been duly executed by the Principal and
Surety above named, on OCTOBER 11 , 19 94.
(Seal) (S~l)
AMERICAN CASUALTY COMPANY
SI. IRB'TY :OF READING, PENNSYLVANIA PRINCIPAL: KAUFMAN AND BROAD OF SAN DIEGO, INC.
LIABILITY LIMIT: $9,500.00
By: ' ~/~'~. ~-. A,_~/.'Y(~Z,-¢ By:.
ATTORNEY-IN-FACT
State of CALIFORNIA
Gl. unly of SAN DIEGO
On 10/14/94
DATE
before me, PAMELA J. AR.AGON
FULBRIGHT and WILLIAM R. CARDON
known to me ~ OR - [] proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
personally appeared JOHN W.
,/~lC~'ersonally
CAPACITY CLAIMED BY SIGNER
[] INDIVIDUAL(S)
~CORPORATE Vice Preside
Preslc~ent
OFFICER(S)
[] PARTNER(S)
[] A'I'rORNEY-IN-FACT
[] TRUSTEE(S)
[] SUBSCRIBING WITNESS
[] GUARDIAN/CONSERVATOR
[] OTHER:
~M,t Notch, ~c{~ ~ orjhe entity upon h~ alf ofwhich the person(s) SIGNER IS REPRESE~ING:
THIS CERTIFICATE Title or Type of Document
MUST BE A~ACHED
TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
it
.CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of LOS A~NGELES
OR 10/11/94
DATE
personally appeared
before me,
BETTY WALKER, NOTARY PUBLIC
JEAN L. WILLCOX
NAME(S) OF SiGNER(S)
[] personally known to me - OR - [] proved to me on the basis of satisfactory evidence
to be the person(ix) whose name(s) is/a~e
subscribed to the within instrument and ac-
knowledged to me that ~be/she/t~e~c executed
the same in ~&s/her/L4a~ authorized
capacity~6), and that by ~z~6/her/h~iz
signaturep~) on the instrument the person(f),
or the entity upon behalf of which the
person(~ acted, executed the instrument.
COMM, #1003839
LOS ANG L[S COUINTY
NOTARY PUSUS-CAL FONffiA
My C~m. Exo~r,.s Sept 20.
OPTIONAL
Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
[] INDIVIDUAL
[] CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
Tm.E(S)
[] PARTNER(S) [] LIMITED
[] GENERAL
[] ATFORNEY-IN-FACT
[] TRUSTEE(S)
[] GUARDIAN/CONSERVATOR
[] OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
THE AMERICAN INSURANCE COMPANY
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave.. P0. BOx 7184 · Canoga Pare. CA 91309-7184
THE AMERICAN INSURANCE COMPANY
...... JFJ,q L. WILLCOX ......
and to bbsd the Corporatim thacb as ful~/and to the tame extent as If n.,ds bo~d: wes.~ by the ~fesfdmt.._t.d witis the axporste seal
TMs p~o~att~r~e~/~r~n~p~m~an~A~V~.~m~nd4~B~.~a~THE/d~tJ~~~~~
dTe=t.
A~erk,7~-im-fedle~1~teatudodl~udemhek&lfefd,.-Coq.; tudAl~alstoMee~k. lall~x~ms~lmdteq,~h,rudeek. k~lfelthe
AMERICAN II',ISUIt,ANC8 COMPANY
~ OF CALIFOP. NLA m.
COUNI'f OF M. AJ~.IN
Onl~s ISC ~yof June . t9 ~0 ,kforeme~ ~ R.D. Farnswoah .
~ mc k~, who, ~q by me d~y ~o~, ~d ~ sad uy: thai ~ ~ V~-Prui~t of THE ~l~ INSU~ ~MP~Y, 1~ Coastion
~ ~ ~ ~ u~t~ ~ a~ b~nt; that ~ k~M ~ ~ of ~ ~ldon: ~al I~ ~ afrm~ to Ih ~d I~t ~ ~ ~rale
~; ,k~ h FJ M a~ by ~ of ~ ~ of ~ of ~ ~ra~n ~d ~t ~ s~ ~ am ~o ~ ~e ~d~.
~ W~ WHERE I ha~ k~nto ~ my h~d and a~ my o~ ~. ~ ~y t~ y~.~ r~a s~c w~tn,
OFFICIAL SEAL
NOTARY PUBLIC,CALIFORNIA
Prlncllai O~e b Marie
Mf (emmh~?M h~m~&4. It
ST/~OFCAIJFORNXA
¢:X~OFIk4ARIN
I UgSmd~,P. u4~knt AsSlstant Seaetary Of THE A.~,!XR IC. A.N INSUR.AN~COMPANY, i NEBRA~KA C~rix~rstkm, DO HEP..EBY C1~KTIF'Y th~I
~fotego4 ~ndanacha:~P~WER~FATT~RNEYremsJns~fu~r~zar~dh~n~tbeg~rev~ked~a~rfbam~xe~t~~4~
!y4a,~l. of tn~ Corporadon, ~sd t~ II. uolu'joo of t~ Bo~d or Dl:on~0~ m forth tn Ik Powu o~f Anot~'-~ ttt mow in
~ss~dms~lRak(latt~Co~nr~ofMazla. Datedtht, ] '[ (layof t'lr-t'nl-,~.y' 19
~s~'YII-TA4-90 (REV)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
County of LOS ANGELES
On 10/11/94
DA'rS
personal)y appeared
[] personally known to me
before me, BETTY WALKER. NOTARY PUBLTC
JEAN L. WILLCOX
NAME(S) OF SIGNER(S)
OR - [] proved to me on the basis of satisfactory evidence
to be the persongs) whose name(s.) is/a;r.a
subscribed to the within instrument and ac-
knowledged to me that ~e/she/t~ executed
the same in ~qci~/her/t~m~r authorized
capacity~e.s), and that by x'~bs/her/tt~e~
signature(.4i) on the instrument the person(~,
or the entity upon behalf of which the
person(s) acted, executed the instrument.
· ~ BETTY WALKER
S ;4~,~. NOTARY PUBLIC - CALIFORNIA
: ~: · ~ LOS ANGELES CQUN~
My ~m. Exmr5 Sept. ZO, 1997
SIGNATURE OF NOTARY
OPTIONAL,
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF All'ACHED DOCUMENT
[] INDIVIDUAL
[] CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
Tm.E(S)
[] PARTNER(S) [] LIMITED
[] GENERAL
[] ATtORNEY-IN-FACT
[] TRuSTEE(S)
[] GUARDIAN/CONSERVATOR
[] OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
--SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTTTY(IES)
- A,,',,fFRICAN CASUALTY COMBAZfZ SIGNER(S) OTHER THAN NAMED ABOVE
OF R~ADTNG, PENNSYLVANTA
01993 NATIONAL NOTARY ASSOCIATION · 8236 Reinmet AVe., P.O. BOx 7184 · Canoga Park, CA 91309-7184
Ot Rel~dlng, P®nnsylvlnll
CNA
All ~ C~4~ mltmcnl~ You lialxe*
'~lcel/Chk~F~, Illinois#
POWER OF'ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
lietow All Men bl these Presents, TIll AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA, a co~l~rat~ dulX o/lamzod ar, U
exisl~nI under the lift, 1~ the Commo~weallh o~ Penns3/Naml. en~ hewnI dl prmC~NI Oileel m the Cdy ol Cl~cl . and
StaleOItllin~S. does hereby n'~ki. constiutiandlppomt Jean L, Ifillcox, Wesley R, Downey, Pamela L. ~.~°acobs,
Larry G. 0'Donna11, Individually
d Los Angeles, California
~S tru¢ end ~ul Att~ney.m*F~t with lull Ix~wer and authority here~ conferred to s~n, Hal and exKutS md$ be~ff tx~nd$. undedikst~ls end
other o~latorl inStrumentS ~ s.~br Mt~e
- In Unlimited Amounts -
and to bnd AMERICAN CA$UALTY COMPANY OF READING. F~NNSY],VA/iIA thereby Is fuR7 and to the I,tm¢ extent as if such inStrumentS were
telned ~ the duly authorized Offt,,IrS O~ AMERICAN CA~UAL~Y COMPANY OF READING. PENNSYLVANIA and aft the acts ¢~ g~l AriDthe),,
pursuant tO the authority hereby liven are hereby ritifi~ and confirmed.
l'h~s Power ol Attorney :S ff~de and IzKufed Pursuant to and h authority of the Ioilow~nl By. Law ~uh/adopted by the Board of
the, Company:
"Atllcle Vl- [:ecullon ol Obfilallon. s Ind Appolnlmanl of Alluney.ln.Ficl
$~dson 2 A~pomtment of Altotnr/.m.faCt. The Pres,denl or V~ce President may. Ir~ time to hme. splx)~nl by wdtten cedilt, afes atlotnexso
in-tad to act m bahaft ol the CIXnpInI m the ezecut,on of 1~4~c,es of insurance. Ix)~ds, U~dikinls and other ol~ilitory rostrumnil Of like
nature ~h attorneys.m-lad. $ul~lld Io the hmitateonS Set hxlh m these respedwe c~daff,~tis ol aulhor~ly, shall IMve fu~ power to b~nd the
Comp,tny t)y Ihe,, s~lqture and ezecut,o~ ol iny Such inStrumentS and lo Sttich the ~al Ol the Ceml~ny thereto. The President ~t any Vice
Present or the Board of D~redots may it any tlm¢ revoke e~ power and authority ptevioq$1y Irven Io Iny atlo~ney. in,fact."
Th~$ POwer Of Attorney rl silted end Sealed I~f flcslm~l/under and h the authority OI the 10Bowstel Resolut~n Idopted by
D,recto~s G4 Ihe C~mpany at e rn~et,nl dul,/elftool and held on the llth day of November. ]966:
'Resolved. that the S,i~turl (~ Ihe President o~ a V~e Pres~<~enl end the sell ol Ihe Coml~ny may be I~szed b3t facsimile off any power
ol attorney ranled pursuant to ,~,d,on 20I Article VIOI the By. Laws. end the Silr~lluri OI Ihe ,e~Kratarlr Ot an ASSiStant ,e~ecrelar,/Ind the
~!1101 the ~'x~pany truly be seized h fasc~m,le Io any cedeft..Ite ~ I~y Such power, end a~y power 0t cerlffic,Ite bearre{ suc-h
S~lnilure$ end seal Shift be VIIN~ and b,ndmI On the CO~t~!Nny Any Such power $o exKuted IrKI $~lle¢~ and cad,had h cerhf~cate 10 execute~
and f~eltd shaft. wdh reslx%l to any ~ Ot undidakinI to whf, h ~t ~t attached. cB~tinv¢ tO be valKI and
h m .
State Of IlhnOiS t ~ AMERICAN CASUALLY' COMPANY OF READING. PENNSYLVANIA
J. E, Puffell Vtce PresSinS,
On lh,, 6th dey o~ September .19 90 '. before me
J. E Purlell. to me known. who. bee n~ tJu $w0~n. I:1~ depose Ind M · thai he resides m lhe V~lble 01 Gtenwew, State of IIl~m~s lh~l he
mstrun~nt. thlt he knows the sell OI M~ C~l~rit~o~: that the sell Ifilll~ 10 the sei(I mstrgmenl il Such COrporate seal. Ihat d was I0 eft~xeo
putsulna Io Iutho~dy ~ven I:rf the I~ard O~ D~rector$ ol fiKI {~rpotel~oA Ind that ha s~lned h~ nim~ thereto purSgenl tO like lulhorlly, end
lcknowledles $.lmt tO I1~ the eel ind deecl OII, IK~ cofporlt~.
CERTIFICATE Hy Commlsslon~xptres Hov~ecr 12, 1990'
I, George R. Hobough, AsSIs Ent ~ecte I/y Of AMERICAH CASUALTY CX~MPANY OF READING, P~NNSYLVANIA, ¢~o oldif,/thai Ihe Powlf of
Attorney h~tein above tel fodh la Itlll In fotct, I~d lulher Certify Skit ~fion 2 ol Atllcli V1 of the Byi. lws of the Company end the RelOlulio,1
Of the BoNd o! Directo~o, let forlh In uld Powlf at Attorney NI Itlll In fotcl. In lasSituDe), whofiDe I hevl hereunlo lubs~ribe<l ~ nlme 8n~
8fflxed lhe HII Of the lead Complny thll ~11 dr/of October .lg 9Zl,
CITY OF TENIECULA
PARKLA~) / LANDSCAPE INEPROVENfE~"F AGREENS~"F
DATE OF AGI~ ~,~NfENT:
December 7, 1993
NAMiE OF SUBDIVIDER:
NAME OF SUBDMSION:
Kaufman-and Broad of San Diego, inc.
Cleferred m as "SUBDIVIDER")
Sterling R~nch (California Tradewinds)
(Referred m as 'SUBDIVIDER")
TRACTNO.: 23125-1
TENTATIVE MAP RKqOLUTiON
OF APPROVAL NO.:
(Referred to as "Resolution of Approval")
PARKLAND rlVfPROVEMENT PLANS NO.:
CRcfcrmd to as "Resolution of Approval")
ESTI~A'i'b~D TOTAL COST OF PARKlAND I~PROVENIF__NTS: $ 190,000
COIVIPLETION DAT~: 6-95
NAlV[E OF SUI~i f AND BOND NO. FOR LABOR AND MATERIALS BOND:
7 The American Casualty Company of Reading, Pennsylvania # 1376499021
American Insurance Company # 11133152287
NA/vEE OF SURelY AND BOND NO. FOR FAITIIFUL PBRFORNIANCE BOND:
Same as Labor and Materials as shown above
NAME OF SURETY AND BOND N0. FOR WARRANTY BOND:
Same as Labor and Materials as shown above
Tbd. s A~o'reement i~ made and entered into by and between the City, of Temecula,
California, a Municipal Corporation of the State of Calffomi~, hereinafmr referred to as CITY,
and the SUBDIVIDER.
RECITALS
A. SUBDIVIDER has pmsentexl to L~tl-Y for approval and rccordation, a final
subdivision map of a pmpose~l subdivision pursnant to provisions of the Subdivision Map Act
of the State of California and the CITY ordinances and regulations relating to the ffiing,
approval and recordation of subdivision maps. The Subdivision Map Act and the CITY
ordinances and regulations relating to the ftling, approval and recordation of subdivision maps
axe collectively referred to in this Agreement as the "Subdivision Laws.,
B. A tentazive map of the SLrBDMSION has been approve, d, subject to the
' Subdivision Laws and to th~ requiremenu and conditions comtalned in the Resolution of
Approval. The Resolution of Approval is on file in the Office of the City Clerk and is
incoxpomted into this Agreement by refemnce.
C. SUBDIVIDER is required as a condition of the approval of the tentative map that
the Pa.~k-l~nd Improvement plans must be completed, in compliance with City standards, by the
Completion Date. The Subdivision Laws establish as a condition precedent to the approval of
a final map, that the SUBDIVIDER has entered into a seeurexl Agreement with the CITY to
complete the Paxkland/Landscape Improvement Plans within the Completion Date.
D. In consideration of approval of a 3Hnal map for the SUBDIVISION by the City
Council, SUBDIVIDER desire~ to enter into thix Agreement, whereby promises to install and
- complete, at SUBDIVIDER'S own expense, all the ParlctandfL~ndseape Improvement work
required by City in connection with propos~ subdivision. Subdivider has secured this
ag-reement by Paxklandfl~ndscaping improvement Security requixed by the Subdivision Laws
and approved by the City Attorney. The term 'Parkland" includes landscape m intended to
be maintained by the T._emecuh Community Services Disuict.
E. Complete Pailand/L,~nds:ape Improvement pl~n~ forthe consu'uction, in~ll~tlon
and completion of the l~arld,nd Improvements have ~ pr:parod by SUBDIVIDI~. and
appmved by the Director of Community Services. The Parkland Improvement Plans numberr. d
as referenced previously in this Agreement ar~ on f~e in the Office of the Director of
Community Services and ar~ incorporated into this Agn~ment by thi~ reference. All references
in this A~'eement to the ParlcJ~nd Improvement Plans shall include ~femnce to any
spe~i~'i~ons for the Improvements as approved by the Director of Community Services.
F. An estiznate of the cost for consu'uction of the Parklandlmprovements according
-to the Improvement Plans has been made and approved by the Director of Community Services.
The estimated mount is st2md on Page 1 of this Agreement. The basis for the estimate is
attached as Exhibit 'A' to this Ag'm~ment.
G. The clrx' has adopted standards for the consumction and installation of
Parldand/!~ndscape Improvements within the LLII X'. The ParklanctFr~ndscape Improvement
Plans have be~n pr,rpared in conformance with the CITY standards, (in effea on the date of
approval of the l~solution of Approval).
H. SUBDIVIDER r~cogniz~s that by approval of the final map for SUBDMSION,
CITY has conferrr. d substantial rights upon SUBDIVIDE! including the right to sell, lease, or
finance lots within the SUBDIVISION, and has token the final act necessary to subdivide the
property within the SUBDrVISION. As a result, CITY will be damaged to the extent of the cost
of installation of the Parid~nd/l.2ndscape Improvemen~ by SUBDIVIDER'S failure to perform
its obli~tions under the, Agr~ment, incl~dinJ, but not lirnit~t to, SUBDIVIDER'S obligation
to complete construction of Parkland/Landscape Improvements by the Completion Date. CITY
encumbrances for the SUBDIVIDER'S obligations with regard to acquisition by
CITY of off-site rights-~of-way, easements and other interesu in real property.
shall be subject to a sepante A,Tr~ment betw~n SUBDIVIDER and ClTY.
2. Acauisifion and Dedication of Easements or Pd. ghts-of-Wav. If any of the
Parkland/r andscape Improvements and land development work contemplated by this Ag'mement
are to be constructed or installed on land not owned by SUBDIVIDER, no construction or
installation shall be commenced before:
a. The offer of dedication to t:i l Y or appropriate rights-of-way,
easements or other interest in r~l property, and appropriate authorization from
the property owner to allow construction or insmltntion-of the Improvements or
-work, or
b. The dedication to, and acc~'ptance by, the CITY of appropriate
rights-of-way, easements or other interests in ~ property, and approved by the
D~panment of Pub].ic World, as determined by the DLr~ctor of Community
Services.
c. The issuance by a court of comp~tem jurisdiction pursuant to the
State Eminent Domain Law of an order of possession. SUBDIVIDF_R shall
comply in all n'~spects with order of possession.
Nothing in this Section 2 shall b~ consn'ued as authorizing or granting an extension of time to
SUBDIVIDER.
3. Security. SUBDIVIDER shall at all times guarant~ SUBDrVIDER'S
performance of this Ag~ment by furnishing to ~l~. f, and maintaining, good and sufficient
s~curk7 as r~quin~d by the Subdivision Laws on forms approved by tltll Y' for the purposes and
in the mounts as follows:
a. to a~sur~ faith.f-u[ p~rformanc~ of this A~oT~ment in re~ard to n~d
improvemenr~ ~ ~d mount of l~ of ~ esma~ cos~ of ~
~~~ ~p~v~m~nE; Ed
b. to s~u~ pa~en~ w ~y connctor, subconnctor, pe~ons ~n~
~uipment, or ~g ~r m~e~ for P~ ~nds~pe ~provements
~u~ to ~ cons~ct~ or ~ pungent to ~ A~ment ~ the addi~on~
mount of 50 % of ~e ema~ cost of ~e ~pmvemenm; ~d
c. to pm~ or wm~ ~e wo~ done pummt to ~s A~ment
for a pehod of one y~ fo~ow~g ac~mce ~mf by ~' agmst my
deftfive work or ~bor done or deftfive mate~lg fimsh~ ~ the addi~on~
mount of 10% of ~e emat~ co~ of the ~nd ~pmvemenm.
~e s~u~des ~u~ by tMs A~ment sh~ be k~t on file wi~ the Ci~ Clerk. ~e tens
of the s~u~ty d~umenu mfemnc~ on h~e 1 of t~s A~ment ~ ~co~omt~ into ~s
A~ment by t~s Reference. ~ ~y s~u~ty is ~lac~ by ~other a~mv~ s~u~ty, ~e
replacement sh~ be film with the Ci~ Clerk ~d, u~n f~g, sh~ be d~m~ to have b~n
made apm of~d~co~mt~to th~A~ment. Upon f~g ofa~lacement s~ufi~ wi~
the Ci~ Clerk, ~e foner s~u~ may be ml~.
4. ~temtions to ~d Impmvement Plus.
a. ~y ch~es, ~temdons or ad~fions to ~e P~ds~pe
~pmvement P~s ~d ~il~ons or to ~e ~pmvemenm, not exce~g 10 %
of ~e o~ emat~ cost ~ ~e ~pwvement, w~ch m mummy a~ upon
by ~e cl'l'f ~d S~D~, sh~ not m~eve ~e ~pmvement s~ufi~ ~ven
for f~l peffomn~ of ~s A~ment. h ~e event such ch~ges,
~temtions, or ad~tions exc~ 10% of the o~ esmat~ cost of ~e
improvement, SUBDIVIDER shall provide improvement security for falfiful
performance as required by Paragraph 5 of this Agxt~mem for 100% of th~ to~l
esmnatexl co~ o~the improvement as c~.__-gexl, almrezt, or amended, minus any
complemd partial ml~ses allowed by Paragraph 6 of tbi~ Agr~emenL
b. The SU~DI'V'~]~ ,~h~|J COlJ$1:rlJCt [h~ Parkl~nd Improvemenu in
accordanc~ with the ~ f Standards in effect at the time of adoption of the
Resolution of AlYpwval. c~ f r~_~rves the right to modify the standards
applicable to the SUBDIVISION and this Agn~ement, when necessary to protect
the public health, safety or welfare or comply with applicable State or federal law
or Cl'l'Y zoning ordinances. If SUBDIVIDKR requests and is granted an
extension of time for completion of the improvements, cfrf may apply the
standards in effect at the time of the extension.
Inspection and Maintenance Period.
a. SUBDIVIDER shall obtain City inspection of the
Parkland/T ~ndscape Improvements in accordance with the City standards/n effect
at the time of adoption of the Resolution of Approval. SUBDiVIDER shall at all
times malvt~n proper faceties and safe access for inspection of the Parkland
Improvements by CiTY inspecton and to the shops wherein any work Ls in
props.ration. Upon completion of the work the SUBDIVIDER may request a
final inspection by the Director of Community Services, or the Dixector of
Community Service's authorized r~resentative. If the Director of Community
Services, or the designated r~presentative, determine that the work has been
completed in accordance with this Agreement, then the Dix~ctor of Community
Services shall certify the completion of the Parkhnd/r ~ndscape Improvements to
th~ Board of Dimaors.
b. SD'BDIVIDER shall continue to mmr~li~ the l~rkj~ndFr~ndsc~pe
Imprvvemenr. s for n~n~ry (90) cLlys l~c~ they b.~ve b~:B c~l'~ed complete. No
improvements shah b~ f~n~lly ac, c~pt~ urLle,~s the mainmnance period has exph'~i,
and all as-peas of the work have been inspected and determined to have been
completed in accordance with the Parkl~nd/T~ndscape Improvement Plans and
~l i f standards.
certification.
Release of Securities.
SUBDIVIDER shall be~r all costs of inspection and
Subject to approval by the Board of Directors of the
Community Services District of the cri'f, the securities required by this A~oTccment shall be
released as follows:
a. Security given for faithful performance of any act, obligation, work
or A~o~mement shall be released upon the expiration of the maintenance period and
the final completion and acceptance of the act or work, subject to the provisions
of subsection (b) hereof.
b. The Dh'~ctor of Community, Services may r~lease a portion of the
security given for faith/ul performance of improvement work as the Parkland
Improvement pro~nr, sses upon application themfor~ by the SUBDIVIDER;
provided, however, thax no such release shall be for an mount less that 25 % of
the total Par~l~nd improvement Security given for faithful performance of the
improvement work and that the securit7 shah not be reduced to an mount less
th~n 50 % of the total ~C-~ndscape/Parkhnd Improvement Security given for faithful
performance until expiration of the mmtenance period and :final completion and
acceptance of the improvement work. In no event shall the Director of
Community Services authorize a release of the Parkland/Landscape Improvement
Security which would reduce such secCz'rity to an amount below that required to
guannt~e the completion of the improvement work and any other obLi,zation
imposed by this Agreement.
c. Security given to s~cur~ payment to the conLractor, his or her
subcontractors and to persons furnishing labor, materials or e~luipment shall, six
months after the completion and acceptance of the work, be r~duced to an amount
~luat to the total cl~irned by all claimants for whom.lien have be~n fried and of
which notice has besn given to the legislative body, plus an amount r~asonably
det~rmine~cl by the Director of Community Services to be requir~ to assur~ the
performance of any other obli~-afions secured by the Security. The balance of the
security shall be r~l~ased upon the settlement of all claims and obligations for
which the security was given.
d. No security given for the ~rantee cr warranty of work shall be
r~leased until the expiration of the warranty period and until any claims fried
during the warranty !~riod have be~n settled. As provided in pam~o-r~lph 10, the
warranty period shall not commence until final acceptance of all work and
improvements by the City Council.
e. The CTrY may r~t~in from any security r~leas~ci, and amount
sufficient to cover costs and r~asonable expenses and f~s, including r~asonable
attorneys' fees.
Injury to Public Improvements, Public ProDertw or Public Utilities FacLliti-.s.
SUBDIVIDE3K shall r=plac~ or have rcphc~, or r~pair or have r~paimd, as the case may b~,
all public improvemenu, public utilities facilities and surveying or subdivision monuments which
am destroyed or damaged or d~,vyed by reason of any work done under this A~m'c~ment.
SUBDIVIDt~ shall bc,~r the entire cost of rcplscment or r~pain of any and all public property
on public utility property d~maged or destroyed by reason of any work don:. Under this
a~e-~ment whether such pmpexty is owned by the United Stares or any agency thereof, or the
State of California, or any agency or political subdivision thereof, or by the CITY or any public
or private utility corpontion or by any combination or such owners. Any r~pair or r~placement
shall be to the satisfaction, and subject to the appmv~l, of the City Engin~r.
g. Permits. SLrBDrVIDER shall, at SUBDIVIDF_R."S expense, obtain all necessary
permits and licenses for the construction ~nd installation of the improvements, give all necessary
notices and pay all f~s and taxes mqui.md by law.
9. Default of SUBDIVIDER.
a. Default of SUBDIVIDER sh~ll include, but not be limited to,
SUBDIVIDER'S failur~ to timely commence construction pursuant to this
Ag-rv.~ment; SUBDIVIDER'S failure to timely complete construction of the
Pa.rkland/T ~,~dscape Improvements; SUBDIViDER'S failure to timely cure any
defect in the l:~rkland/I~ndscape Improvements; SUBDIVIDER'S failure to
pc-from substantial consuuction work for a period of 20 calend~.r days after
commencement of the work; SLrBDIViDEI~.'S insolvency, appointment of a
r~ceiver, or the fjBng of any. petition in banicruptcy either voluntary or
involuntary which SUBDIVIDER fails to discharge within ~ (30) days; the
commencement of a fomolosurc action a~finst the SUBDM SION or z portion
thereof, or any conveyance in lieu or in avoidance of foreclosure; or
SUBD1W'IDER's failure to perform any other obligation under this.Agreement.
b. The CITY reserves to itself all minedies avai~ble to it at law or
in equity for br=ach of SUBDIVIDER's obligations under this A~'~ement. The
i&l'l I' shall have the fight, subject to this section, to draw upon or utiliT,- the
appropriate security to mitigat~ oily damages in event of default by
SUBDIVIDEtL The right of C~ITY to draw upon or ufil{~e the security is
additional to and not in lieu of any other remedy av~H~bte to C1YY. It is
specifically recogniz~ that the estimated costs and security mounts may not
reflect the actual cost of construction or inst~|l~tjon. of Parkland/Landscape
Improvements and, therefore, CiTY damages for SUBDIVIDER'S default shall
be measured by the cost of completing the required improvements. The sums
provided by the improvement security may be used by CITY for the completion
of the Paxldand/l~ndscape Improvements in accordance with the
Ps. rldand/Landscape Improvement Plans and specifications contained herein.
In the event of SUBDIVIDER'S default under this Agrr~ment, SUBDIViDER
authorizes CITY to perform such obligation twenty days after m~ng w~nen
notice of default to SUBDIVIDER and to SUBD1VIDER'S Surety, and a~'ees to
pay the ent. ixe cost of such performance by ~li f.
~jl'J.'Y may take over the work and prosecute the same to completion, by contract
or by any other method CITY may deem advisable, for the account and at the
expense of SUBDIVIDER, and SUBDi'VIDER'S Surety shall be liable to crfY
for any excess cost or damages occasioned CITY thereby; and, in such event,
CITY, without liability for so doing, may take possession of, and vt{l~,e in
completing the work, such mat~ais, appliances, plant and other prop-_ny
belon_.o-ing to SUBDIVID]aR as may be on the site of the work and necessa,D, for
pe~orman~ce of the work.
c. !~ailum of SUBDIVIDER to comply with the terms of this
Agn~ment Sb~ll constitute consent to the filing by tsn f of a notice of violation
against all the lots in the SUBDIVISION, or to mcind the approval or otherwise
revert the SUBDM SION to acreage. The romeely provided by this Subsection
C is in addition to and not in lieu of other minedies available to CITY.
SUBDIVIDER a~rccs that the choice of mmexiy or minedies for SUBDIVIDER'S
breach shall be in the discretion of clrf.
d. In the event that SUBDIVIDER fails to perform any obligation
hemunder, SUBDIVIDER a~,~r~cs to pay z/1 costs and expenses incurred by CITY
in securing performance of such obligations, including costs of suit and
reasonable attorney' s fees.
e. The failur= of CrrY' to take an enforcement action with respect to
a default, or to decla~ a broach, shall not be construed as a waiver of that default
or broach or any subsequent default or breach of SUBDrVIDER.
10. Wa.rrantw. SUBDIVIDER shall guarantee or warranty the work done pursuant
to this A~rccment for a period of one year after cxpiratlon of the maintenance period and final
acceptance by the City Council of the work and improvements a~a/nst any defective work or
labor done or defective materials furnished. Where Parkland/T n.dscape Improvements an to
be constructed in phases or s~tions, the one year wan'znty period shall commence after City
acceptance of the last completed hnprovemcnt. If within the warranty period any work or
improvement or part of any work or improvement done, furnished, installed, constructed or
caused to b~ done, furnished, installed or consn'ucted by SUBDIVIDER fails m fulffd any of thc
re, quLrements of this Agn~m ent or the Parklan cLq -~ndscape Improvement Plans and specifications
referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, rapair or
raplace or rt~onstruct any defective or othenvise unsatisfactory pan or pans of the work or
structure. Should SUBDIVIDER fail to as promptly or in accordance with this requirement,
SUBDIVIDF...R hereby authorizes ~li f, at Cxi f option, to peffom the work twenty days after
mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's Surety and agrees to
pay the cost of such work by CITY. Should cxl Y' determine that an urgency requires repairs
or replacements to be made befor~ SUBIDIVIDF_P, can be notified, ufl f may, in its sole
discretion, make the necessary repairs or replacements or perform the necessary work and
SUBDIVIDER shall pay to ul'fY' the cost of such repairs.
11. SUBDIVIDER Not A~ent of t:lrf. Neither SUBDIVIDER nor any of
SUBDIVIDER'S agents or contnctors am or shall be considered to be agents of CITY in
connection with the performance of SUBDIViDER'S obligations under this Agreement.
12. Injury to Work. Until such time as the Parkland/Landscape Improvements
are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any
of the improvements constructed or installed. CITY shall not, nor shall any officer or employee
thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening
or occurring to the work or improvements specified in this Ag'mement prior to the completion
and acceptance of the work or improvements. All such risks shall be the responsibility of and
axe hereby assumed by SUBDIVIDER.
13. Other Atzre~,ments. Notking contained in thin A_m~ement shall preclude CITY
from expendLug monies pursuant to ag~mements concurrently or previously executed between the
parties, or from entering into ag-reement with other subdividers for the apportionment of costs
of wamr and sewer mains, or other improvements, pursuam w the provisions of the Cfi Y
ordinances providing therefor, nor shall anything in this A~reement commit CITY to any such
apportionment. _
14. SUBDIVIDER'S 0blintion to Warn Public Durin~ Construction. Until final
acceptance of the Pa,14e'l~and Improvements, SUBDIVIDI~:R shall give good and adequate warning
to the public o.f each and every dangerous condition existent in said improvements, and will rake
all reasonable actions to protect the public from such dangerous condition.
15. Vestin~ of Ownership. Upon acceptance of work on behalf of {.;ITY and
recordation of the Notice of Completion, ownership of the impn3vements constructed pursuant
to this Ag'r~ement shall vest in CITY.
16. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be
made by the City Council upon recommendation of the Dixector of Communjty Services after
fmaj completion and inspcction of all Parkland/Landscape improvements. The Board of
Dh-ectors shall act upon the DLmctor of Community Services recommendations within thirty (30)
days from the date the Director of Community Services certifies that the work has finally
completed, as provided in Para.rraph 5. Such acceptance shall not constitute a waiver of defects
b y- CITY.
17. indemnity/l--Iold Fl~a-mless. L:ITY or any officer or employee the~of shall not
be liable for any injury to persons or property oc~ioned by mason of the acts or omissions of
SUBDIVIDF~., its agents or employees in the performance of this Agreement. SUBDrVIDER
further a~x~s to protect and hold ha.n~ess ~li f, its officials and employees from any and all
claims, demand, causes of action, liability or loss of any son, because of, or arising out of, acts
or omiTsions or SUBDIVIDER, its agents or employ~s in the performance of tki~ Agreement,
including all claims, demands, causes of action, liability, or loss because of, or arising out of,
in whole or in pare, the design or construction of the Parkland/T ~udsc~pe Improvem-.nts. Tnis
mdemniT~cafion and A__~reernent to hold harmless shall extend to injuries to persons and damages
or taking of prop-.rty r~sutting from the design or cons'nuclion of the ParklandYLandscap-.
Improvemenu as provided heroin, and in addition, to adjacent property owners as a consequence
of the diversion of waters from the design or construction of public drainage systems, streets and
other public improvemenu. Acceptance of any of the Parkland/Landscape Improvements shall
not constitute any assumption by the CITY of any r~nsibility for any damage or taking
covered by this para=~r'aph. u.l'l'f shall not be responsible for the design or construction of the
Parkland/Landscape Improvements pumuant to the appmved Parkland/Landscape Improvement
Plans, regardless of any negligent action or inaction taken by the CITY in approving the plans,
unless the particular improvement design was specifically required by CITY over written
objection by SUBDFVLDER submitted to the Director of Community Services before approval
of the particular improvement desi=~n, which objection indicated that the particular improvement
design was dangerous or defective and suggested an alternative safe and feasible design. After
acceptance of the Parkland/Landscape improvements, the SUBDIV'iI)ER shall remain obligated
to eliminate any defect in design or dangerous condition caused by the design or construction
defect, however, SUBDIVIDER shall not be responsible for routine maintenance. 'Provisions
of this paragraph shall remain in full force and effect for ten years following the acceptance by
the CITY of Parkland/l~ndscape Improvements. It is the intent of this section that
SUBDIVIDER shall be responsible for all liability for design and construction of the
Parkland/Landscape Improvements installed or work done pursuant to this Agreement and that
CITY shall not be liable for any negligence, nonfe~nce, mi-~feasance or malfeasance in
approving, reviewing, checking, or correcting any plans or specifications or in approving,
reviewing or inspecting any work or contaction. The improvement security shall not be
required to cover the provision of this pm__~raph.
18. Sale or Disposition Of SUBDMSION. Sale or other disposition of this propert),
will not relieve SUBDIViDER from the obligations set forth_ heroin. If SUBDIVIDER sells the
property or any portion of the property within the SUBDM SION to any other person, the
SUBDIViDER may request a novaion of thi~ Agn~ment and a substitution of security. Upon
approval of the novation and substitution of securities, the SUBDIVIDER may x~quest a release
or mtuc~on of the securities requix~l by thi~ Agr~ment. Nothing in the novafion shall relieve
the SLTBDIVIDF_.R of the obligations under Paxagraph 17 for the work or improvement done by
SUBDIVIDER.
19.
20.
Time of the Essence. Time is of the essence of thi~ Agreement.
Time for Completion of Work Extensions. SUBDIVIDER shall
complete
June 1995
construction of the improvements required by this Agreement no later th~n
In the event good cause exists ~s determined by the City Engineer, and if otherwise
permitted under the tentative map condition, the time for completion of the improvements
hemunder may be extended. The extension shall be made by writing executed by the Director
of Community Services. Any such extension may be granted without notice to SUBDIVIDER'S
Surety and shall not affect the validity of this Agreement or release the Surety or Sureties on any
security given for this Agreement. The Director of Community Services shall be the sole and
final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an
extension. Delay, other than delay in the commencement of work, resulting from an act of
CzI~, or by an act of God, which SLrBDIVIDER could not tmve masonably foreseen, or by
storm or inclement weather which prevents the conducting of work, or by sn'ikes, boycotts,
similar actions by employees or labor organiTations, which prevent. the conducting or work, and
which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for
an extension of time for completion. As a condition of such extension, the Director of
Community Services may require SUBDIVIDER to furnish new security ~aaranteeing
performance of this AgTe,~ment as exmnded in an increased amount as necessary to compensate
for any increase in construction costs as demrm~ned by the Dir,.ctor of Community Services.
21. No Vesting of Rights. Performance by SUBDIVIDER of this Agn'ccment
shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any change
in any zoning or building law or ordinance.
22. NOtices. All notices required or provided for under this Agreement shall be
in writing and delivered in person or sent by mail, postage prepaid and addressed as provided
in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on
the date of deposit in the United States Mail. Notices shall be addressed as follows unless a
written change of address is fried with the 'City:
Notice to CII f:
City Clerk
City of Temecula
43174 Business Park Drive
Temecula, C~nfomia 92390
Notice to SUBDIVIDER:
Kaufman and Broad of San Diego, inc.
12626 High Bluff Drive #400
San Diego, CA 92130
23. Sevembilitw. The provisions of this A~o~n~ment am severable. If any portion of
this Agreement is held invfdd by a court of competent jurisdiction, the remainder of the
Agn~ment shall remain in full force and effect unless mended or modified by the mutual
consent of the parries.
24. Cap~0ns. The captions of this Agreement are for convenience and reference-
only and shall not d~fmc, explain, modif'7, limit, exemplhty, or aid in the mmrpmmtion.
construction or m~n½ng of any provisions of thh A~m~ment. --
2_5. Litimfion or Arbitration. In the ev,mt that suit or afoitmfion i~ brought to
enforce the terms of this contract, the pmv~illng parry shMJ bc cnfified to IkigaUon cons and
r".asonablc attomey's fees.
26. Incomoration of Recitals. The r~;~k to this agreement m'= hereby incorporated
into the terms of this agT~cmcnt.
27. Entire A~o-mement. This Agr=cment const/rates the cnnire Ag'mcment of the
parries with respect to the subjca matter. All modifications, amendments, or waivers of the
terms of this Agreement must be in writing and signexl by the appropriate representative of the
parties. In the case of the crrY, the appropriate party shall be the City Manager.
IN ~Vt lN'F. SS VcB,-~EOF, this A~reement is executed by Crl'Y, by and through its Mayor.
By:
Mayor
(Proper Notarization of SUBDIVIDER'S si~namr~
is required and shall be attached)
ATTEST:
By:
June S. Greek
City Clerk
RBCOMlVr~-NDED FOR APPROVAL:
By:
Name:
City Engineer
By:
Name:
Director of Communi~ Services
APPROVED AS TO FORM:
By:
Scott F. Field
City Altoracy
STATE_ OF CALIFORNIA
COUNTY OF ~"~r",
}
persona,y appeared .3hi,, ~, Uj. ¢'~_1 ~,",'O k + '-
LO~[:O.v-. ~Z n._~L,-~b~..persona,yknownto~.e
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
'~,.~~iie-Marie L. Dugr~
, Cornre. 110261~ ~
Fhls area for ~lcial nol/r~81 sear)
Title of Document
Date of Document
Other signatures not acknowledged
No. of Pages
APPRO~
CITY ATTORNEY
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
Board of Directors
Ronald E. Bradley, General Manager
November 15, 1994
Rancho California Sports Park
Considerations
Improvement Project Design
California Sports Park Improvement Project as designed in accordance with the approved
master plan and bid the skateboard facility as an add alternate bid.
BACKGROUND: On April 26, 1994, the Board of Directors approved the master plan for
improvements at the Rancho California Sports Park. These improvements include parking
facilities, landscaping, irrigation, pedestrian circulation, picnicking facilities, a restroom/snack
bar, roller hockey rink, skateboard facility, and lighting. The construction budget for this
project is $1,250,000.
Upon approval of the master plan, the design consultant, J.F. Davidson, began preparing
construction drawings for the project. During the course of design development, the
construction cost estimates increased due to lighting costs, which increased by approximately
$143,000 and Metropolitan Water District's requirement of a concrete cap to protect their
waterlines at a cost of $80,900. Therefore, the current budget estimate for this project,
including a 10% contingency, is $1,473,900,a difference of $223,900.
Staff has identified that the construction of the skateboard facility will cost approximately
$225,000. Therefore, it is recommended that the skateboard facility be bid as an add
alternate bid for the project. Based upon the outcome of the public bid process, a
recommendation will be forwarded to the Board of Directors for final consideration.
FISCAL IMPACT: There is no fiscal impact in bidding the project with the skateboard
facility as an add alternate. Once the bids are opened, if the lowest, responsible bid is
consistent with the engineer's estimate, the Board of Directors will need to consider either
appropriating more funds to the project or reducing the scope of the project to match the
existing budget prior to awarding the construction contract.
REDEVELOPMENT
AGENCY
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
REDEVELOPMENT AGENCY
TUESDAY, OCTOBER 11, 1994
A regular meeting of the City of Temecula Redevelopment Agency was called to order on
Tuesday, October 11, 1994, 8:42 P.M. at the Temecula Community Recreation Center,
30875 Rancho Vista Road, Temecula, California, Chairperson Ronald J. Parks presiding.
AGENCY MEMBERS:
PRESENT: 5
Birdsall, Mu~oz, Roberrs, Stone,
Parks
ABSENT: 0 AGENCY MEMBERS: None
Also present were Executive Director Ronald E. Bradley, City Attorney Peter Thorson, City
Clerk June S. Greek.
PUBLIC COMMENT
None given.
CONSENT CALENDAR
It was moved by Agency Member Stone, seconded by Agency Member Birdsall to approve
Consent Calendar Item No. 1.
The motion was carried by the following vote:
AYES: 5 AGENCY MEMBERS: Birdsall, Mu~oz, Roberrs, Stone,
Parks
NOES: 0 AGENCY MEMBERS: None
ABSENT: 0 AGENCY MEMBERS: None
1. Minutes
1.1 Approve the minutes of September 13, 1994.
1.2 Approve the minutes of September 27, 1994.
AGENCY BUSINESS
Agency Member Stone announced he would abstain on Items 2, 3 and 4, due to a conflict
of interest.
RDAMIN/IOI11194 1 08/29194
RedeveloDment Aaencv Minutes
2.
October 11,1994
Contract Amendment to Provide Visual linDact Analysis in the Old Town
Redevelooment Project
Director of Planning Gary Thornhill presented the staff report.
Agency Member Mu~oz asked if this is the first time a visual impact analysis has
been requested on a project and what benefit will be gained. Planning Director
Thornhill responded this is the first time the City has recommended a visual impact
analysis. He explained the recommendation is based on the size of the project and
to address the concerns of residents as to what Old Town will actually look like.
Agency Member Mu~oz requested that staff investigate a photo simulation process
under development at U.C. Berkeley for possible use in the Visual Impact Analysis
for the Old Town Redevelopmerit project.
Terese McLeod, 42200 Main Street, spoke in opposition to expending funds for this
analysis.
It was moved by Agency Member Roberrs, seconded by Agency Member Birdsall to
approve staff recommendation as follows:
2.1 Approve an amendment to the contract with Tom Dodson & Associates to
add a visual analysis into the environmental Impact Report for the Old Town
Redevelopment Project.
2.2 Increase the amount of the contract with Tom Dodson & Associates by
$9,887.96.
2.3 Approve an amendment to the contract with Wimberly Allison Tong & Coo
to perform additional building design services needed to support the visual
impact analysis.
2.4 Increase the amount of the contract with Wimberly Allison Tong & Coo by
$13,000.
The motion was carried by the following vote:
AYES: 3 AGENCY MEMBERS: Birdsall, Parks, Roberrs
NOES: 1 AGENCY MEMBERS: Mu~oz
ABSENT: 0 AGENCY MEMBERS: None
ABSTAIN: 1 AGENCY MEMBERS: Stone
RDAMIN/IO/11194 2 08129194
RedeveloDment AGency Minutes October 11, 1994
Appropriation and Authorization to Release Fund for Old Town Soecific Plan
Billboard SiQn
Executive Director Ron Bradley presented the staff report.
Agency Member Mu~oz asked why Texaco was allowed to put their logo on the
billboard designed to advertise Old Town, and asked if this is appropriate since
funding has been received from the City.
City Attorney Peter Thorson advised that whatever value the Texaco logo gains by
inclusion on the sign, a proportional cost must be received from that business. He
stated this kind of advertising may be approved as long as the company pays its fair
share.
Agency Member Roberts stated it is his understanding that costs for the billboard
far exceeded the City's contribution.
Michael A. Thesing, 30291 Via Brisa, spoke in favor of funding the billboard for Old
Town and informed the Council that two signs are available at this time. He
explained that Mr. Lou Kashmere of Texaco, has donated in excess of $6,000
toward rent on the billboard over the past 18 months.
Agency Member Mu~oz stated it was his understanding that this sign should not
promote any particular business. Mr. Thesing said if the City funds this project,
the Texaco logo would be removed.
It was moved by Agency Member Muffoz, seconded by Agency Member Roberts to
approve staff recommendation with the understanding that the Texaco Star be
removed as a permanent part of the sign.
3.1
Appropriate $20,000 from Redevelopment Agency Account No. 280-199-
999-5264.
3.2
Authorize payment of the Old Town Specific Plan Billboard Sign Lease for
two billboards in an amount not to exceed $20,000.
The motion was carried by the following vote:
AYES:
4 AGENCY MEMBERS:
Birdsall, Mu~oz, Roberts, Parks
NOES:
0 AGENCY MEMBERS: None
ABSENT: 0 AGENCY MEMBERS: None
ABSTAIN: I AGENCY MEMBERS: Stone
RDAMIN/10/11194 3 08/29194
Redevelooment Aaencv Minutes
member committee.
The motion was carried by the following vote:
October 11.1994
AYES: 4 AGENCY MEMBERS: Birdsall, Mu~oz, Roberts, Parks
NOES: 0 AGENCY MEMBERS: None
ABSENT: 0 AGENCY MEMBERS: None
ABSTAIN: I AGENCY MEMBERS: Stone
AGENCY MEMBER'S REPORTS
None given.
EXECUTIVE DIRECTOR'S REPORT
None given.
ADJOURNMENT
It was moved by Agency Member Roberrs, seconded by Agency Member Stone to adjourn
at 9:45 P.M. to a meeting on October 18, 1994, 8:00 PM. The motion was unanimously
carried.
ATTEST:
Chairperson Ronald J. Parks
City Clerk June S. Greek
RDAMINIIO/11194 5 08/29/94
ITEM 2
CITY MANAGER
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Executive Director/Redevelopment Agency Members
FRONt~_//~_. Joseph Kicak, Interim Director of Public Works/City Engineer
DATE: November 15, 1994
SUBJECT:
Authorization of Agreement for of Professional Consulting Services for
Transportation and Traffic Engineering for T.Z.B.G., Inc. Project, Old Town
Parking Study, RFP #30
PREPARED BY: Raymond A. Casey, Principal Engineer - Land Development
~ John Pourkazemi, Assistant Engineer
RECOMMENDATION:
That the Redevelopmerit Agency authorize the Chairperson to execute an agreement with
Robert Kahn, John I(ain & Associates, Inc. for a parking study in the amount of $20,420.
Agreement will be subject to the approval of the Executive Director and the General Council
as to final form.
DISCUSSION:
The scope of work for Robert Khan, John Kain & Associates, Inc. is described in the attached
proposal. This parking study is required pursuant to the T.Z.B.G. Inc. (Zev Buffman) proposal
for the Old Town Redevelopment Project. This authorization will bring the consultant services
authorized to date to a total of $302,728, of which T.Z.B.G. Inc. is resl~onsible for one-half.
FISCAL IMPACT:
An appropriation of $20,420 is required for the parking study. Funds are available for the
City's portion of the fees (one-half, not to exceed a total of $10,210). The balance will be
billed to T.Z.B.G. Inc.
Attachments:
Robert Kahn, John Kain & Associates Inc. proposal
Old Town Redevelopment Project Schedules of Consultants
-1- r:%e0drOt%94%l 115\rfp30.agnlej~
ATTACHMENT NO. 1
Robert Kahn, John Kain & Associates Inc. proposal
Robert Kahn, John Kain
& Associates, Inc.
Transportation Planning · Traffic/Acoustical Engineering
October 31, 1994
Mr. John Pourkazemi
CITY OF TEMECULA
43174 Business Park Drive
Temecula, CA 92590-3606
Subject:
Proposal for the City of Temecula "Old Town Parking Study"
Dear Mr. Pourkazemi:
INTRODUCTION
Based upon your request, ROBERT KAHN, JOHN KAIN & ASSOCIATES, INC. is
pleased to modify our proposal to the CITY OF TEMECULA dated October 13, 1994
to delete the alternative finding mechanism study which was to be prepared by David
Taussig & Associates. It is our understanding that you have selected ROBERT KAHN,
JOHN KAIN & ASSOCIATES, INC, to prepare the CITY OF TEMECULA "Old Town
Parking Study" however at this time you would like to hold off on completing the full
alternative financing mechanism study.
SCOPE OF WORK
The following Scope of Work has bee revised by ROBERT KAHN, JOHN KAIN &
ASSOCIATES, INC. for this study effort:
Attend one (1) project kick-off meeting to discuss the project objectives,
schedule and product and two additional progress meetings with staff during
the course of the study.
Review the project documentation with respect to previous work on City of
Temecula Old Town Specific Plan.
Field review the Old Town Temecula area to determine existing parking demand
at representative locations for both a peak typical peak weekday (Friday) and
weekend (Saturday) conditions. Additionally, an inventory of existing on-street
and off-street parking capacity will be made based upon the field review.
4101 Birch Street, Suite 100, Newport Beach, California 92660
(714) 474-0809 · FAX (714) 474-0902
Mr, John Pourkazemi
CITY OF TEMECULA
October 31, 1994
Page 2
Analyze and recommend an organized system of public parking within Old
Town based on existing land use conditions, existing on and off street parking,
the Old Town Specific Plan, and the proposed Old Town Redevelopment
Project,
Analyze the availability and estimated site development/acquisition cost of the
alternative parking facilities as depicted on the Potential Parking Lot Locations
of the Old Town Specific Plan (utilizing the appraisal information provided by
the City).
Analyze the aggregate parking requirements in conjunction with alternative
modes of local transport, i.e. a shuttle service, to provide access in and around
Old Town in accordance with the circulation element of the proposed Old Town
Redevelopment Project, The analysis shall include specific parking requirements
per each proposed facility in addition to evaluating shared parking opportunities
with offsetting peak hour parking demands associated with differing land uses
in the Old Town area.
The study shall prepare and evaluate three alternative parking/local circulation
"programs" to adequately serve the needs of the Old Town Redevelopment
Project and the future development of the Old Town Specific Plan in aggregate,
based on the "Public Off-Street Parking Plan", section V.D.7. of the Old Town
Temecula Specific Plan (see attached) for the City's consideration.
Document the results of the study in a summary Old Town Parking Study
report.
9. Respond to staff comments and revise report as necessary,
10.
Attend up to three (3) public meetings (Planning Commission, Transportation
Commission and City Council meeting) to discuss the Old Town Parking Study.
It is our understanding that the alternative financing mechanism study will be
accomplished at a later date.
Mr. John Pourkazemi
CITY OF TEMECULA
October 31, 1994
Page 3
PROFESSIONAL FEES
The fee for the work outlined in this proposal is based upon personnel charges plus
direct expenses as indicated in the attached Exhibit A. The estimated fee for each
major task and the total will be as follows:
TASK
1. Project Initiation
2. Review Previous Studies
3. Field Reconnaissance
4. Analyze Parking
5. Analyze Site Costs
6. Analyze Parking Needs
7. Evaluate 3 Alternative Programs
8. Prepare Draft Study Report
9. Prepare Final Study Report
10. Public Meetings (3)
Staff Fees
Reproduction/Deliveries/Misc.
TOTAL FEE
fEE
$1,710.00
~ 540.00
$1,480.00
~2,000.00
~1,930.00
~1,860.00
$2,430,00
$4,280.00
$1,360.00
$1,830.00
$19,420.00
~1,000.00
-~20,420.00
Three copies (two bound and one original for the client's use) of the project report
would be prepared. Monthly billings from ROBERT KAHN, JOHN KAIN &
ASSOCIATES, INC. will be based upon the attached Exhibit A - BILLING RATES FOR
ROBERT KAHN, JOHN KAIN & ASSOCIATES, INC..
The proposed fee does include attendance at three (3) public hearings/meetings,
which may be required to secure approval of the project. If additional meetings are
required and requested, ROBERT KAHN, JOHN KAIN & ASSOCIATES,-tNC. would be
Mr. John Pourkazemi
CiTY OF TEMECULA
October 31, 1994
Page 4
happy to attend these meetings and billing would be based upon the billing rates
included in Exhibit A.
The Client agrees to limit the Design Professional's liability to the Client and to all
construction Contractors and Subcontractors on the project, due to the Design
Professional's negligent acts, errors, or omissions, such that the total aggregate
liability of the Design Professional to all those named shall not exceed 850,000 or the
Design Professional's total fee for services rendered on this project, whichever is
greater.
In the event that a lawsuit is brought for the enforcement of any of the terms of this
agreement, the prevailing party should be entitled to attorney fees and costs in
addition to any damages.
TIME SCHEDULE
It is estimated that the Old Town Parking Study will take approximately 30 working
days to complete from the date of authorization, and date of receipt of data essential
for the study. It is our understanding that the City council will be approving this
proposal on November 15, 1994. Based upon that authorization date, it is estimated
that the report would be completed by the end of December, 1994. You have
indicated a desire to meet a December 15, 1994 deadline for submittal of the draft
parking study. Due to the delay in the City of Temecula approval of the proposal, it
may be very difficult to meet that time schedule given the complexity of this project.
ROBERT KAHN, JOHN KAIN & ASSOCIATES, INC. will do everything possible to
.complete the draft report in a timely schedule to meet your needs.
Since we will be doing additional parking counts and there are a number of holidays
during the November and December, any delays resulting from circumstances beyond
our control, such as weather, may have to extend the time schedule. We would very
much want to talk with staff at the initial kick-off meeting to discuss the timing of
parking counts during the critical months of November and December.
Mr. John Pourkazemi
CITY OF TEMECULA
October 31, 1994
Page 5
We are looking forward to serving you on this project. This proposal is valid for sixty
days, if signed by the client. If you have any questions regarding this proposal, please
do not hesitate to give me a call at (714) z~74-0809.
Respectfully submitted,
ROBERT KAHN, JOHN KAIN & ASSOCIATES, INC.
Robert Kahn, P.E.
Principal
RK:nad/4447
JN:518-94-002
Attachments
CONTRACT APPROVAL:
Approved by:
Title:
Firm:
Date:
CITY OF TEMECULA
EXHIBIT A
BILLING RATES FOR ROBERT KAHN, JOHN KAIN & ASSOCIATES, INC.
Compensation for Services
The Consultants Billing rates for services are as follows:
Position
Principal
Senior Associate
Associate
Senior Engineer/Planner
Engineer/Planner
Assistant Engineer/Planner
Engineering Technician IV
Engineering Technician III
Engineering Technician II
Engineering Technician I
Administrative Assistant
Administrative Aide
Clerical Aide
Hourly Rate
$110.00
85.00
80.00
70.00
60.00
50.00
45.00
35.00
30.00
25.00
35.00
30.00
25.00
General
(1)
Reimbursable direct costs, such as reproduction, supplies, messenger service, long-distance
telephone calls, travel and traffic counts will be billed at cost plus ten (10) percent.
{2)
Hourly rates apply to work time, travel time and time spent at public hearings and meetings. For
overtime work and public meetings, the above rates may be increased 50 percent.
(3)
Client payment for professional services is not contingent upon the client receiving payment from
other parties.
(4)
Billing statements for work wiil be submitted monthly. Statements are payable within thirty (30)
days of the receipt by client of statement. Any statement unpaid after thirty (30) days shall be
subject to interest at the maximum permitted by law.
January 1, 1992
lRoberkt Kahn, John Kain)~
Associotes, Inc.
ATTACHMENT NO. 2
Old Town Redevelopment Project
Schedules of Consultants
u-Oo
ITEM 3
TO:
FROM:
DATE:
SUBJECT:
APPROV~~
CITY ATTORNEY
FINANCE OFFI
CITY MANAGER
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
Executive Director/Redevelopment Agency Members
Mary Jane McLarney, Assistant City Manager
November 15, 1994
Consideration of RDA Commercial Rehabilitation Small Business Loan
RECOMMENDATION:
That the City Council consider approval of an RDA commercial rehabilitation loan to Edward
and Kathleen Dool DBA Dual Development Inc.
DISCUSSION:
The City has received a revised application from Dual Development, Inc., DBA Temecula
Shuttle to construct a 1740 square foot building located at 41953 Main Street, Temecula, CA.
The business is owned by Ed and Kathleen Dool who are currently in the process of
purchasing the land at the above location. The Agency Members previously approved an RDA
loan for Temecula Shuttle in the amount of $82,585on January 26, 1994for the purpose of
purchasing equipment and a modular building. This loan did not fund because the borrower
has been in the process of revising his business plan.
The facility would feature: Temecula Shuttle Offices/lobby/ticket windows, public restrooms
and day lockers, picnic/snack area, tour coach/wine tour loading/discharge area and rental
office space. The public restrooms and facilities would be maintained by Temecula Shuttle.
The Planning Department has reviewed the proposed facility for conformity with the Old Town
Specific Plan. The site is located on the major east-west street in the heart of the Tourist
Retail Core (TRC) District of the Old Town Specific Plan. Based upon this review, the Planning
Director has determined that if the majority of the uses (by floor area) are consistent with the
Plan, then the proposed facility may be included as a subordinate or accessory use. The
Council's approval of the proposed loan will not eliminate the need for the applicant to apply
for, and obtain approval of, a Plot Plan prior to developing the site. It should be noted that
the proposed project location falls within the Old Town Entertainment proposed area.
Although the Temecula Shuttle may be a compatible use with the Old Town Entertainment
Project, neither the entertainment project architects nor the project proponent (Zev Buffman)
have reviewed the Temecula Shuttle proposal.
The new construction loan amount is ~ 100,000 amortized over twenty years due in 5 years.
This loan would be secured by a second trust deed on the subject property located at 41953
Main Street, Temecula, behind a senior lien in the amount of $74,000 carried by the seller.
The loan would also be secured by an Assignment of Note secured by Deed of Trust owned
by Mr. and Mrs, Dool on a parcel of land located in Wilmington, California. The appraisal of
the Wilmington property was completed on November 4, 1994reflecting a value of 9370,000.
This note is a seasoned note having had 52 monthIv payments. The assigned Note will be
collected under terms of an installment collection contract at a financial institution acceptable
to both the borrower and the City whereby the City will be notified in the event of any default
of payment or payments in excess of scheduled payments.
Title insurance policies will be required for both properties-the Temecula property located at
41953 Main Street and the vacant industrial property located in Wilmington.
The proceeds of this loan will be handled by a fund control agent to ensure proper funding
with periodical inspections for payments of materials and lien releases.
In connection with the revised plan, Mr. Pool is requesting the following exceptions:
NOT RECOMMENDED BY STAFF:
1)
Because his original loan request was granted using the 26-week T-Bill index, he is
requesting this loan be granted using the same index rather than Prime + 2%. Council
is restrained from granting the request under the terms of the stipulated judgement.
(The revised judgement authorizing a rate of Prime + 1% has not yet been authorized).
STAFF RECOMMENDS COUNCIL CONSIDER:
2)
The City grant a 6-month loan payment and fee grace period during construction.
Interest would accrue but payments would not begin until 6 months from date of note
or upon the issuance of a Certificate of Occupancy--whichever occurs first.
3)
If the Wilmington property note is paid off, Temecula Shuttle may pay off the balance
of the first trust deed on the Temecula property. The City's second position would
then become a first position and the Assignment on the Wilmington note would no
longer be required. This would be acceptable subject to a new appraisal paid for by
Edward and Kathleen Doolo
4)
If the Temecula shuttle project proceeds without incorporation into the planning efforts
underway for the Old Town Entertainment Project, conflicts could occur which could
jeopardize the success of both projects.
5)
The Council may wish to approve the loan application contingent on the incorporation
of the Temecula Shuttle in the Old Town Entertainment Project. If the Council desires
to accept this option, staff should be directed to initiate negotiations immediately with
representatives of Dual Development and T.Z.B.G., Inc.
6)
The loan note and agreement may provide that the Dools receive any such lower
interest rate as may be determined by modification to the stipulated settlement of the
Redevelopment Agency litigation.
Mr. Dool's representative has provided other language concerning the Old Town Entertainment
Project (see attached correspondence). However, the City's consultant recommends the
language provided in Items four and five.
Mr. E)ool contends his project will improve the City of Temecula by providing a transportation
information center and the construction and maintenance of public restrooms and day lockers.
This loan has been reviewed by our independent loan committee consisting of a local bank
official and a Certified Public Accountant. Approval is recommended subject to the stated
stipulations.
FISCAL IMPACT:
To date the City has funded 9109,400 in Redevelopment loans.
AI'FACHMENT:
Correspondence from Markham & Associates dated November 7, 1994.
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i
MARKHAM & ASSOCIATES
November 7, 1994 De~l~a~,ntConsultsn~
Mary Jane icLarney, Assistant City Manager
city of Temecule
43174 Business Park Drive
TemeCula, CA 92590
Subject:
Temecula Shuttle
Loan Request
Main Street
APN 922-034-029
~667
Dear Mary Jane:
I have reviewed the staff report that was to be presented to the
Old Town Redevelopment Committee, on November 1, 1994, and I would
offer the following comments.
I would propose, under item #2, the applicant, Mr. Dool, be
provided the flexibility to receive any such lower interest rate as
may be determined by modification to the stipulated settlement of
the Redevelopmerit Agency litigation.
Secondly, I would propose provisions #4 and #5, be deleted, and in
their place the following verbiage be inserted as revised, Item
#4, "Temecula Shuttle shall coordinate with the land use design of
the proposed Old Town Entertainment Center project should the Old
Town Entertainment Center project be approved by the City Council".
I feel that these two provisions will provide Mr. Dool with the
higher degree of comfort that he seeks in this loan negotiation,
and also will protect him from any adverse negotiating position
that he could encounter in dealing with a private third party in
the form of the Old Town Entertainment Center applicant.
request that these modifications be presented to the Old Town
Redevelopment Committee, should they meet on November 9, 1994, and
most certainly to the City Council on November 15, 1994.
Please feel free to call upon me if you have any questions or
require any clarifications.
Sincerely,
.> &/ SS.O. CIATES
cc: Ed Dool
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417.50 Winchester Ro~d, Suite N · Teln~ala, Calife'nia 92.590 · (909) 676-6672 - lAX (909) 699-IM8
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ITEM 4
APPROVAL ~ '
CITY ATTORNEY
FINANCE OFFIC R
CITY MANAGE
REDEVELOPMENT AGENCY BOARD MEMBERS
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
Redevelopment Agency Board Members
Ronald E. Bradley, Executive Director
November 15, 1994
Acquisition of Low and Moderate Income Housing Site
Prepared by: Marilyn Whisenand
RECOMMENDATION:
That the Redevelopment Agency approve the purchase of a site located at the
southwest corner of Diaz Road and Cherry Avenue for the purpose of providing low
and moderate income housing within a five to ten year period.
o Appropriate $3,744,368 in the low and moderate Income Housing Fund (165)
BACKGROUND:
On April 21, 1992, the City of Temecula acquired the parcel described above using tax
allocation bond proceeds in the amount of $3,492,200. To date, total costs relating to the
property equal $3,744,368. Subsequently, low and moderate income housing in the form of
a senior citizen housing project was proposed as an alternative use for the site.
Code Section 33334.2 of the California Community Redevelopment Law allows moneys from
the Low and Moderate Income Housing Fund to be used to acquire real property or building
sites for the purpose of increasing, preserving or improving the community's supply of low and
moderate income housing. According to Code Section 33334.16, development activities
consistent with that purpose must be initiated on the property acquired with Low and
Moderate income Housing Funds within five years of the date of acquisition. If activities have
not been initiated within five years, the legislative body may, by resolution, extend the period
during which the Agency may retain the property for a total of one additional period not to
exceed five years.
The General Plan designation for the site is Public/institutional which includes as a permitted
use, low and moderate income senior housing. Within a five year period (or if extended by
Agency resolution, a ten year period) the Agency must:
1 ) Initiate low and moderate income development activities on the site;
2) Sell the site and return the sale proceeds to the Agency's Low and Moderate
Income Fund; or
31
Exchange the site for another site on which low and moderate income senior
housing will be built.
The purchase of this site for future low and moderate income housing programs will result in
the return of $3,744,368 to the tax allocation bond proceeds fund and the expenditure of
$3,744,368 million from the Agency's Low and Moderate Income Housing Fund. Sufficient
funds will remain in the Low and Moderate Income Housing Fund (approximately $893,268
available Fund Balance) to initiate other low and moderate housing activities during the next
five years. In addition, the low/moderate fund will continue to receive a 20% set aside of tax
increment annually. Deposits of approximately $1.2 million are also anticipated to be added
to the fund annually.
FISCAL IMPACT:
An appropriation in the Redevelopment Agency Low and Moderate income Housing Fund
(Acct#165-199-802-5700)in the amount of $3,744,368 is required. This transaction will
return $3,744,368to the tax allocation bond fund (RDA CIP Fund) in payment for the housing
site.
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