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HomeMy WebLinkAbout112994 CC AgendaAGENDA TEMECULA CITY COUNCIL A REGULAR MEETING COMMUNITY RECREATION CENTER - 30875 RANCHO VISTA ROAD NOVEMBER 29, 1994- 7:00 PM In compliance with the Americans with Disabilities Act,/f 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. Code Sections: 1. §54956.8, Real estate negotiations; : 2. §54954.5(b),CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Property: Amscan Inc., 28401 Rancho California Road; Negotiating parties: City of Temecula and Amscan Inc.'; Under negotiation: Owner Participation Agreement for manufacturing facility. . .. 3. §54954.5(b), CONFERENCE WITH 'REAL PROPERTY NEGOTIATOR, Property: Advanced ;: Chem~l Systems, 43153 Business Park Drive, 'Bldg. H; Negotiating parties: City of Temecula:.' and Advanced Chemill Systems/Union Bank; Under negotiation: Developer Disposition Agreement. Next in Order: Ordinance: No. 94-32 Resolution: No. 94-110 CALL TO ORDER: Mayor Ron Roberrs presiding Invocation: Pastor Mike Brisson, Cornerstone Community Church Flag Salute: Councilmember Birdsall ROLL CALL: Birdsall, Mu~oz, Parks, Stone, Roberrs 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. I Standard Ordinance Adoation Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of October 18, 1994. 3 Resolution ADDrovin~ 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 CombininQ Balance Sheets as of Seatember 30, 1994 and the Statement of Revenues. Exoenditures and ChanQes in Fund Balance, and the Statement of Revenues, Exeenses and Changes in Retained Earninos for the Three Months Ended Seatember 30, 1994 RECOMMENDATION: 4.1 4.2 Receive and file the Combining Balance Sheets as of September 30, 1994 and the Statement of Revenues, Expenditures and Changes in Fund Balance, and the Statement of Revenues, Expenses and Changes in Retained Earnings for the Three Months Ended September 30, 1994. Appropriate $45,000to Building and Safety Department Account No. 001-162-999- 5248 "Consulting Services". Aoreement - City of Temecula/Eastern Municipal Water District for Construction of Sanitar' Sewer - Solana and I-15 RECOMMENDATION: 5.1 Approve the agreement, authorize the Mayor to execute and direct the City Clerk to forward the executed agreement to Eastern Municipal Water District (EMWD). Acceotance of Public Street Imorovements Constructed under Assessment District No. 161 (Nicolas Road from Winchester Road to Joseoh Road) RECOMMENDATION: 6.1 Accept the public street improvements as constructed under the Properties Ranch Assessment District No. 161, in Nicolas Road between Winchester Road (State Highway Route No. 79 North) and Joseph Road. Comoletion and Acceptance of the Traffic SiQnal Modification at the Intersection of Rancho California Road and Front Street. Project No. PW94-09 RECOMMENDATION: 7.1 Accept the Traffic Signal Modification at the Intersection of Rancho California Road and Front Street, Project No. PW94-09, as complete and direct the City Clerk to: File the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; Release the Materials and Labor Bond seven (7) months after the filing of the Notice of completion if no liens have been filed. Award of Contract for Construction of Winchester Road Interim Street Improvements, Proiect No. PW94-03 RECOMMENDATION: 8.1 Award a contract for the base bid only, for the construction of Winchester road Interim Street Improvements, Project No. PW94-03 to Chance Edmondson for the base bid of $241,407.57 and authorize the Mayor to execute the contract. 8.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $24,140.76 which is equal to 10% of the contract amount. 8.3 Approve a budget transfer in the amount of $63,000 from the Pavement Management Project to the Winchester Road Interim Street Improvement Project. 9 Award of Contract for the Construction of Pala Road at HiQhwav 79S Interim Right Turn Lane, Proiect No. PW94-08 RECOMMENDATION: 9.1 Award a contract for base bid only, for the construction of the Pala Road at Highway 79S Interim Right Turn Lane, Project No. PW94-08 to Pro-Civil Engineering, Inc. $40,590.47 and authorize the Mayor to execute the contract. 9.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $4,059.05 which is equal to 10% of the contract amount. 10 Community Facilities District 88-12 - Winchester Interchanae Imorovements Aareement with Riverside County for Real Prooertv Services RECOMMENDATION: 10.1 Approve an agreement with the County of Riverside to provide Real Property Services for the acquisition of property for the Winchester Interchange Improvements - CFD 88-12 in an amount not to exceed $25,000. 10.2 Authorize the Mayor to execute the agreement. 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. 11 Cable Television Rate Reaulation (Continued from 11/15/94) RECOMMENDATION: 11.1 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 12 Vest(no Tentative Tract MaD 25063 and Chanoe of Zone No. 5598 (Located on the south side of Nicolas Road approximately 2,00 feet east of Calla Girasol) 13 RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING VESTING TENTATIVE TRACT MAP NO. 25063 TO SUBDIVIDE A 20 ACRE PARCEL INTO 68 SINGLE FAMILY LOTS AND ONE OPEN SPACE LOT LOCATED ON THE SOUTH SIDE OF NICOLAS ROAD APPROXIMATELY 2,000 FEET EAST OF CALLE GIRASOL AND KNOWN AS ASSESSOWS PARCEL NO. 914480-005 12.2 Adopt a resolution entitled: RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING CHANGE OF ZONE NO. 5598 TO CHANGE THE EXISTING ZONING OF R-A-2½ (RESIDENTIAL AGRICULTURAL 2~ ACRE MINIMUM PARCEL SIZE) TO R-1 (SINGLE FAMILY DWELLING) AND R-5 (OPEN SPACE) ON A 20 ACRE PARCEL LOCATED ON THE SOUTH SIDE OF NICOLA8 ROAD APPROXIMATELY 2,000 FEET EAST OF CALLE GIRASOL AND KNOWN AS ASSESSOR'S PARCEL NO. 914480-005 Chanae of Zone Aoolication No. 26 - A Chanae of Zone for a 21.4 Acre Parcel from R-A- 20 (Residential Aoricultural-20 acre minimum oarcel size) to C-O (Commercial Office) and R-5 (Ooen Soace) (Located on the Southwesterly corner of Rancho California Road and Ridge Park Drive) RECOMMENDATION: 13o 1 Adopt the Negative Declaration for Change of Zone No. 26. 13.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 94- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY FOR CHANGE OF ZONE APPLICATION NO. 26, CHANGING THE ZONE FROM R-A-20 (RESIDENTIAL AGRICULTURAL 20 ACRE MINIMUM PARCEL SIZE) TO C-0 (COMMERCIAL OFFICE) AND R-5 (OPEN SPACE) ON PROPERTY LOCATED ON THE SOUTHWESTERLY CORNER OF RANCHO CALIFORNIA ROAD AND RIDGE PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NUMBER 940-310-014 COUNCIL BUSINESS 14 Msin Street Prooram (Continued from the meeting of 11/15/94) RECOMMENDATION: 14.1 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. 15 Public/Traffic Safety Commission Goals and 0biectives (Continued from the meeting of 11/15/94) RECOMMENDATION: 15.1 Direct staff to prepare a resolution defining the Public/Traffic Safety Commission's Goals and Objectives. 16 EstablishinQ and Amendino Time Limits in the County of Riverside Redevelooment Plan 1- 1988 RECOMMENDATION: 4.1 Introduce and read by title only an ordinance entitled: 17 ORDINANCE NO. RDA 94- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AND AMENDING TIME LIMITS IN THE COUNTY OF RIVERSIDE REDEVELOPMENT PLAN 1-1988 Community Services FundinQ Program RECOMMENDATION: 17.1 Consider the recommendations for the Community Services Funding Grants for FY 1994/95. DEPARTMENTAL REPORTS CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next meeting: December 6, 1994, 6:00 PM, Joint Meeting with Murrieta City Council, Murrieta City Council Chambers, 26442 Beckman Court, Murrieta, California. Next meeting: December 7, 1994, 7:00 PM, City CounciI/RDA Workshop on Old Town Entertainment Center, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Next regular meeting: December 13, 1994, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. TEMECULA. COMMUNITY SERVICES DISTRICT MEETING * '(To be'held at 8:00) CALL TO ORDER: President Jeffrey E. Stone ROLL CALL: DIRECTORS: Birdsall, Mu~oz, Parks, Roberts, 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 I Minutes RECOMMENDATION: 2 3 1.1 Approve the minutes of October 18, 1994. Acceotance of the Lono Valley Wash - Channel Reoair Proiect No. PW94-06.CSD RECOMMENDATION: 2.1 Accept the Long Valley Wash - Channel Repair, project No. PW94-06.CSD, as complete and direct the City Clerk to: · File the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond (10% of contract amount). · Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed to that date. Combinino Balance Sheet as of Seotember 30.1994 and the Statement of Revenues. Expenditures and ChanQes in Fund Balance for the Three Months Ended Seotember 30, 1994 RECOMMENDATION: 3.1 Receive and file the Combining Balance Sheet as of September 30, 1994 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Three Months Ended September 30, 1994. DEPARTMENTAL REPORT GENERAL MANAGERS REPORT - Bradley DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next meeting December 13, 1994, 8:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. 'TEMECULA:RED EVELOPMENT AGENCY.MEETING. CALL TO ORDER: Chairperson Ronald J. Parks presiding ROLL CALL: AGENCY MEMBERS: Birdsall, Mu~oz, Roberts, 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 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of October 18, 1994. 2 Combininq Balance Sheets as of September 30.1994 and the Statement of Revenues, Exoenditures and ChanQes in Fund Balance for the Three Months Ended September 30, 1~4 RECOMMENDATION: 2.1 Receive and file the Combining Balance Sheet as of September 30, 1994 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Three Months Ended September 30, 1994. 3 Lease Amendment for Jefferson Street Property RECOMMENDATION: 3.1 Authorize the General Counsel to prepare a lease amendment with D.L. Reeves and authorize the Executive Director to execute the lease amendment. PUBLIC HEARINGS Any person may submit written comments to the Redevelopment Agency 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. 4 Adootion of AB-1290 Implementation Plan RECOMMENDATION: 4.1 Conduct a public hearing end adopt a resolution entitled: RESOLUTION NO. RDA 94- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING A FIVE YEAR IMPLEMENTATION PLAN FOR THE COUNTY OF RIVERSIDE REDEVELOPMENT PLAN NO. 1-1998 EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT: Next Meeting: December 13, 1994, 8:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. PROCLAMATIONS/ PRESENTATIONS NEW BUSINESS I~I~F. OLUTION NO. A RESOLUTION OF ~ CITY COUNCIL OF ~ CITY OF TEMECULA, RECrr/NG THF~ FACT OF ~ GENERAL MUNICIPAL ~LF~'TIONm~ .n ONNOVEMBER 8, 1994, DECLARING ~ I/v-~J_.,T AND SUCH OTHER MATTERS AS PROVIDED BY LAW ~, a General Municipa! Election was held and conducted in the City of Temeofla~ C~lifornia, on Tueaday, November 8, 1994, as required by law; and W~EREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted end the votes were cast, received and canvassed and the returns made and dea-I~red in time, form and manner as required by the provisions of the Elections Code of the State of California; and W!n~,EAS, pursuant to Resolution No. 94-94-70 adopted June 28, 1994, the County Election Deparunent canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as "Exhibit A." NOW TI-IR'REFORE, THE CITY COUNCIL OF THE CTFY OF TEMECULA, DOES RESOLVE, DECLARE, DETER_MINE AND ORDER AS FOLLOWS: Section 1. That the whole number of ballots cast in the City, except absent voter ballots, Was Section 2. That the names of persons voted for at the election for Member of the City Council are as follows: Ronald J. Parks Karel F. Lindemans Kathleen Eiserbeck Billie Goode Blair Eric Bwwn Gary M. Sullivan Section 3. That the number of votes given at each precinct and the number of votes given in the city to each of the persons above named for the offices for which the persons were candidates was as listed in Exhibit "A" attached. Section 4. The City Council does declare and determine that Ronald J. Parks and Karel F. Lindemans were elected as Mereben of the City Council for the full term of four years. Rues 44 I Section 5. The City Clerk shall enter on the records of the City Council of the City, a statemeat of the remzlt of the election, showing: (1) The whole number of ballots cast in the City; (2) The names of the persons voted for; (3) For what office each person was voted for; (4) The number of votes Zivea at each precinct to each person; (5) The total number of votes given to each person. Seelion 6. That the City Clerk shall immediately malz and deliver to each person so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office pw. scribed in the Consttimtion of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shah !hen be inducted into the respective office to which they have been elected. Section 7. The City Cl~k shall cenif~J the adoption of this resolution. APPROVED AND ADOPTII), this 29th day of November, 1994. ATI~,ST: Ron Roberrs, Mayor June S. Greek, CMC City Clerk [SEAL) 2 STATE OF CAI.rFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, J-IEREBY 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 29th day of November, 1994 by the following roll call vote. 0 CO~CILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: June S. Greek, CMC City Clerk ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD OCTOBER 18, 1994 A regular meeting of the Temecula City Council was called to order at 7:08 PM at the Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor Ron Roberrs presiding. PRESENT 4 COUNCILMEMBERS: Birdsall, Mu~oz, Stone, Roberrs ABSENT: I COUNCILMEMBERS: Parks Also present were Assistant City Manager Mary Jane McLarney, City Attorney Peter M. Thorson, and City Clerk June S. Greek. INVOCATION The invocation was given by Pastor Ron Bolt, People's Church of the Valley. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Parks. PRESENTATIONS/ PROCLAMATIONS Mayor Roberrs proclaimed the week of October 23-31, 1994 as "Red Ribbon Week". Paul Colaluca, Project Coordinator of Temecula Community Partnership, accepted the proclamation and thanked the City Council for their support. Mayor Roberrs presented City Clerk June Greek with a plaque signifying her completion of the educational requirements for Certified Municipal Clerk and congratulated her for her accomplishment. PUBLIC COMMENTS None given. CITY COUNCIL REPORTS Mayor Roberrs announced the next candidates forum will be held on November 1,1994, 7:00 PM, at the Community Recreation Center and will be broadcast on Inland Cable on Friday, November 4, 1994, 7:00 PM and Saturday, November 5, 1994 at 10:30 AM. Councilmember Birdsall reminded the public that City Council meetings in November have been scheduled for November 15th and November 29th. She also encouraged the public to vote on November 8th. Minutes\l 0~18\94 - 1 - 11/21/94 CiW Council Minutes October 18.1994 Councilmember Mu~oz requested that staff either enforce the campaign sign ordinance or make it clear to the candidates that the ordinance will not be enforced. Mayor Roberrs requested staff look into the penalties for placing campaign signs on public utility poles. Mayor Roberrs announced that next week the Sister City Officials from Japan will be visiting during the coming week, and the official Sister City Signing ceremony will take place on Monday, October 24, 1994 at 10:00 AM at the Community Recreation Center. CONSENT CALENDAR Mayor Roberts announced that Items 10 and 11 will be continued to the meeting of November 15, 1994. Councilmember Birdsall stated she would abstain on Items 6 and 8 due to a conflict of interest. Mayor Pro Tern Stone requested the removal of Item No. 5 from the Consent Calendar and asked a question on Item on 4. 4. Utility Easements for Pala Community Park, Project No. PW93-03 CSD Mayor Pro Tern Stone asked why there is such a dramatic difference in the number of feet needed for Rancho Water as opposed to Southern California, Interim Public Works Director Joe Kicak explained that Southern California Edison only requires a small, shallow conduit where wires can be pulled from either direction, as opposed to Rancho Water where a larger area is necessary so that equipment can be operated for the entire length of the pipe. Mr. Kicak requested that Item No, 4.1, the Rancho Water District easement request, be deleted from the staff recommendation because there is a proposal from staff to realign the roadway and when the roadway is realigned, the water line will be within another right-a-way. Councilmember Mu~oz stated he would abstain on Items 5, 13 and 14 due to a conflict of interest. He asked a question on Item No. 7. 7. Award of Construction Contract for Proiect No. PW94-12 FY 94-95 Slurrv Seal Proiect. Councilmember Mu~oz asked how the timing of this contract would be effected by weather conditions. interim Public Works Director Joe Kicak explained that the days of work could be limited due to weather conditions and the specifications of the contract would provide for extension of time due to weather without penalties, Minutes\l 0%18\94 -2- 11121/94 City Council Minutes October 18, 1994 It was moved by Mayor Pro Tam Stone, seconded by Councilmember Birdsall to approve Consent Calendar Items 1-4, 6-9, 10-15, with Councilmember Mu~oz abstaining on Items 5, 13 and 14 and Councilmember Birdsall abstaining on Items 6 and 8. registered a "no" vote on Item No. 15. The motion was carried by the following vote: Mayor Roberrs also AYES: 4 COUNCILMEMBERS: Birdsall, Mu~oz, Stone, Roberrs NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Parks Standard Ordinance Adoorion Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Resolution Aoorovino List of Demands 2.1 Adopt a resolution entitled: RESOLUTION NO. 94-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Report as of AuQust 31.1994 3.1 Receive and file the City Treasurer's Report as of August 31, 1994. Utility Easements for Pala Community Park, Project No. PW93-03 CSD 4.2 Approve the Southern California Edison easement for electrical service to the Pala Community Park and authorize the Mayor to execute the document. Minutes\ 10\ 18\94 -3- 11/21/94 Citv Council Minutes October 18, 1994 10. 11. Establishment of Fee for Newsrack Installation Encroachment Permit 9.1 Adopt a resolution entitled: RESOLUTION NO. 94-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A FEE FOR APPLICATION FOR THE INSTALLATION AND MAINTENANCE OF NEWSRACK IN THE PUBLIC RIGHTS-OF-WAY Pale Park Reimbursement Aereement 10. 1 Continue to the meeting of November 15, 1994. Substitute Subdivision Improvement Aoreement and Public Imorovement Bonds in Tract 21(;)(17 11.1 Continue to the meeting of November 15, 1994. 12. Sanitary Sewer - Solana Way/l-15 Crossina 12.1 Authorize the Mayor to sign an agreement authorizing Eastern Municipal Water District (EMWD) to proceed with design and construction of Solaria Way/l-15 Sewer Pipeline Crossing. SECOND READING OF ORDINANCES 13. Ordinance No. 94-29 13.1 Adopt an ordinance entitled: ORDINANCE NO. 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 8P (SPECIFIC PLAN) ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF YNEZ ROAD AND WINCHESTER ROAD Minutes\l 0\18\94 -5- 11/21/94 City Council Minutes October 18, 1994 14. 15. The motion was carried by the following vote: AYES: 3 NOES: 0 ABSENT: 1 ABSTAIN: 1 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Ordinance No. 94-30 14.1 Adopt an ordinance entitled: Birdsall, Stone, RobeKs None Parks Mu~oz ORDINANCE NO. 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 The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Stone, Roberrs NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Parks ABSTAIN: 1 COUNCILMEMBERS: Munoz Ordinance No. 94-31 15.1 Adopt 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 Minutes\l 0\18%94 -6- 11/21/94 City Council Minutes October 18. 1994 The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Mu~oz, Stone NOES: 1 COUNCILMEMBERS: Roberrs ABSENT: I COUNCILMEMBERS: Parks Contract Amendment No. 8 to Community Facilities District 88-12 EnaineerinQ Services Contract with J.F. Davidson Associates, Inc. for the I-15/Rancho California Road InterchanQe Modifications Mayor Pro Tam Stone voiced his objection to a $1 07,000change order and asked for an explanation. Mr. John Candee, J.Fo Davidson, explained that Caltrans has changed their criteria. He also stated that when the contract was originally estimated, there was limited definition to the job and costs for drainage facilities have increased dramatically. He explained cost estimates came in at half of what the actual project cost will be. Mr. Candee outlined the various changes of the projects explaining that the work has doubled and their price has gone up by 20%. Mayor Roberts asked for an update on Overland Bridge and Winchester. Mr. Candee gave an update on these projects. It was moved by Councilmember Birdsall, seconded by Mayor Roberrs to approve staff recommendation. The motion failed by the following vote: AYES: 2 COUNCILMEMBERS: Birdsall, Roberrs NOES: I COUNCILMEMBERS: Stone ABSENT: I COUNCILMEMBERS: Parks ABSTAIN: 1 COUNCILMEMBERS: Mufioz Minutes\ 1 O\ 18\94 -7- 11/21/94 CiW Council Minutes October 18, 1994 It was moved by Councilmember Birdsall, seconded by Mayor Pro Tern Stone to continue this item to the meeting of November 15, 1994. The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Stone, Roberrs NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Parks ABSTAIN: 1 COUNCILMEMBERS: Mu~oz 16. Walcott Corridor Imorovements, Project No. PW94-10, Rancho California Water District FundinQ Request Interim Public Works Director Joe Kicak presented the staff report. Councilmember Birdsall asked if this request is denied, will this project go forward. Interim Public Work Director Kicak stated the Water District is obligated to relocate the existing waterline at no charge to the City. Bob Lemons, P.O. Box 9017, Director of Engineering, Rancho California Water District, asked that the City cooperate with the Water District to expedite this project. He explained that creating an assessment district to raise these funds in this economic climate would be very difficult, and would cause a major delay in this project. Councilmember Mu~oz stated he feels it is a dangerous precedence to assist with the funding of utilities. RECESS Mayor Roberrs called a recess at 8:08 PM to change the tape. The meeting was reconvened at 8:09 PM. Mayor Pro Tem Stone suggested the City of Temecula Finance Department and the Rancho California Water District work together to fund this project on a loan basis. Minutes\l O\ 18\94 -8- 11/21/94 CiW Council Minutes October 18. 1994 It was moved by Councilmember Mu~oz, seconded by Mayor Pro Tem Stone to approve staff recommendation with further direction to staff to work with the Rancho California Water District to explore a possible re-imbursement agreement to assist in the funding. 16.1 Deny the request by Rancho California Water District to use city funds to relocate an existing water line within existing street right-of-way. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Mu~oz, Stone, Roberrs NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Parks RECES~ Mayor Roberts called a recess at 8:12 PM. The meeting was reconvened following the previously scheduled Community Services District Meeting and the Redevelopment Agency Meeting at 8:58 PM. 17. Traffic Sianalization Report Interim Public Work Director Joe Kicak presented the staff report. Mayor Roberrs asked if Rancho California Water District's plans to install a water line would delay the traffic signal at Winchester and Nicolas Road. Interim Public Works Director Joe Kicak stated he does not see any reason for the City to delay the project until the water line is in. He stated, all the equipment that needs to be installed, with the exception of detector loops, can be installed. He recommended proceeding with the installation as soon as possible, with the exception of the detector loops. Councilmember Mu~oz suggested looking into the possibility of costs savings for temporary signals by utilizing hanging signals. He reported he has seen this type of signal utilized in other cities on a permanent basis. Mayor Pro Tern Stone expressed concern regarding aesthetics of the City and stated he prefers standard signals. Mayor Roberrs declared the report received and filed and staff was given direction by Council consensus to proceed with the installation of the signal at the intersection of Winchester Road and Nicolas Road with the exception of the detector loops. Minutes\l 0\18\94 -9- 11/21/94 City Council Minutes 18. October 18, 1994 "No Parkina" on Palma Drive and Valleio Avenue across from the Rancho Community Church Interim Public Works Director Joe Kicak presented the staff report. Larry Markham, Los Ranchitos Homeowners Association President, 30105 Cabrillo Avenue, requested that a "no parking" area be created on the west side of Palma Drive and north side of Vallejo Avenue across from the Rancho Community Church. He cited problems with landscape being damaged and sprinklers broken. He suggested a physical barrier be erected to prevent people from damaging the landscaping. RECESS Mayor Roberts called a brief recess at 9:25 PM to change the tape. reconvened at 9:26 PM. The meeting was It was moved by Councilmember Mufioz, seconded by Mayor Pro Tem Stone to post "No Parking" signs, and work with the church regarding hours. Councilmember Birdsall stated she would prefer to have the signs on a permanent basis, due to on-going church events which are not limited to Sundays, such as funerals, weddings, youth events, etc. Councilmember Mu~oz amended his motion, Mayor Pro Tem Stone amended his second and directed staff to post "No Parking" signs designating the North side of Vallejo Avenue and the East side of Palma Avenue as a no parking zone, the specific posting area to be at the final determination of the Director of Public Works. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Mu~oz, Stone, Roberrs NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Parks 19. Pro and Con Presentations on Propositions 186 and 187 Councilmember Birdsall stated she requested this item be placed on the agenda as an informational item only and did not intend the City Council to take any specific positions on these propositions. City Clerk June Greek announced that Kathy Wodehouse would be speaking as a proponent of Proposition 186 and Joan Smith would be speaking as an opponent. She explained each speaker would be given five minutes to speak, after which time anyone Minutes~10\18%94 -10- 11121f94 City Council Minutes October 19, 1994 who filed a Request to Speak Form will be given 5 minutes to address their questions/comments. Kathy Wodehouse presented her views as a proponent of Proposition 186. Joan Smith presented her views as an opponent of Proposition 186. City Clerk June Greek read the Official Title and Summary prepared by the Attorney General on Proposition 187, since staff was unable to obtain speakers on this issue. 20. Contract Award - PreDaration of Santa MarQarita Watershed Plans - Districts I and 111 Interim Public Works Director Joe Kicak presented the staff report requesting no action be taken on this item and that it be continued off-calendar. It was moved by Mayor Pro Tem Stone, seconded by Councilmember Birdsall to continue this item off-calendar. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Mu~oz, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Parks 21. Discussion on Borell Airport Industrial Park Traffic and Circulation Concerns City Attorney Peter Thorson reported that Item No. 21 raises two issues; one, the general concern raised in Councilmember Mu~oz' memo regarding that lack of communication between the City and County regarding projects in the City's Sphere of Influence, and two, traffic concerns in areas that comprise Assessment District 161. He stated he has advised Councilmember Mu~oz he can discuss communications concerns between the City and County with respect to projects within the sphere of influence because it is a general matter, but should not participate on the discussion involving Assessment District 161. He recommended the two issues be separated. Councilmember Birdsall expressed concern that a letter on official City letterhead was sent by Councilmember Mu~oz using the term "we", when no official position had been taken by the Council. She also asked if it is appropriate that Councilmember Mu~oz address issues regarding Assessment District 161 when he does have a conflict. City Attorney Thorson stated the issue of speaking in terms of "we" or "1" is a matter of clarification. He stated that on the issue of ownership of real property or source of income, a Councilmember is not to participate in the Council's consideration or discussion of the issue. Minutes\10~18~94 -11- 11/21/94 City Council Minutes October 18. 1994 Councilmember Mu~ioz stated his only reason for bringing forward this issue was to address the general attitude of County staff regarding input from the City of Temecula. City Clerk June Greek read a letter from Supervisor Kay Ciniceros addressing Councilmember Mu~oz' letter. RECESS Mayor Roberrs called a recess at 10:25 PM to change the tape. The meeting was reconvened at 10:26 PM. Ray Borel, 30195 Auld Road, Murrieta, representing the property owners of Borel Airpark, stated that this project has gone through an extensive public hearing process and both the City and County have worked diligently on this project. Pat Keller, P.O. Box 521, stated she lives in AD 161 and expressed concern that fees would be raised to help fund road improvements. Rob A. Spriggs, 39237 Corte Tasaro, Murrieta, stated there has been a lack of communication between both the cities of Temecula and Murrieta and the County of Riverside. He suggested the cities of Temecula and Murrieta form a coalition to discuss these traffic issues. Rita Gentry, 37100 Los Alamos Road, Murrieta, expressed concerns regarding traffic and air quality which will be affected by this project. Jeannine Gillen, 387160Ave La Cresta, Murrieta, expressed concerns regarding traffic and the need for better communication between the County and surrounding cities. Ray Johnson, 24508 Lincoln, Murrieta, stated he did not receive the required notices regarding this project from the County of Riverside. It was moved by Councilmember Mu~oz, seconded by Mayor Roberts to direct that a letter to the County Board of Supervisors be prepared for the Mayor's signature requesting that the City of Temecula be kept fully appraised of any and all projects that are located within the City's Sphere of Influence area. It was further recommended that the joint City of Temecula and Murrieta Traffic and Transportation Committee be better utilized by presenting traffic related matters within the cities Sphere of Influence areas to that group for review. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Mufioz, Stone, Roberrs NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Parks Minutes~l O\I 8~94 - 12- 11/21194 City Council Minutes October 18, 1994 CITY MANAGER REPORTS None given. CITY ATTORNEY REPORTS None given. ADJOURNMENT It was moved by Mayor Pro Tem Stone, seconded by Councilmember Mu~oz to adjourn at 11:02 PM. The motion was unanimously carried with Councilmember Parks absent. ATTEST: Ron Roberts, Mayor June S. Greek, City Clerk Minutes\ 1 O\ 18\94 - 13- 11/21/94 ITEM 3 RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF ~ CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXtIIRIT 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 mount of $695,511.89. Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 29th day of November, 1994. ATI'F~T: Ron Roberts, Mayor June S. Greek, City Clerk [SEAL] Rc,o, 42 I STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TFA4F_EULA) I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 94- was duly adopt~l at a regular meeting of the City Council of the City of Temecula on the 29th day of November, 1994 by the following roll call vote: AYF3: 0 COUNCILNm-MBERS: None NOF_S: 0 COUNCILlv~MBERS: None ABSENT: 0 COUNCILMEMBERS: None June S. Greek, City Clerk 2 CITY OF TEMECULA LIST OF DEMANDS 11/10/94 TOTAL CHECK RUN: 11/17/94 TOTAL CHECK RUN: 11/29/94 TOTAL CHECK RUN: 11/17/94 TOTAL PAYROLL; TOTAL LIST OF DEMANDS FOR 11/29/94 COUNCIL MEE"RNG: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL 100 GAS TAX 120 DEVELOPMENT IMPACT FUND 140 COMMUNITY DEV BLOCK GRANT 165 RDA-LOW/MOD 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ (CIP) 220 MARGARITA ROAD REIMB. DIST. 250 CAPITAL PROJECTS * TCSD 280 RDA-CIP 300 SELF-~NSURANCE 310 VEHICLES 320 INFORMATIONS SYSTEMS 330 COPY CENTER 340 FACILITIES 380 RDA-DEBT SERVICE 390 TCSD DEBT SERVICE PAYROLL: 001 GENERAL 100 GAS TAX 155 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: PREPARED BY RETA WESTON GENIE ROBERTS, INTERIM FINANCE OFFICER $ 37,567.57 153,823.86 393,807.60 110,312.86 $ 695,511.89 108,144.35 44,787.87 0.00 0.00 5,538.96 49,504,49 15,304.40 32,740.36 20,856.58 0,00 126,585.90 12,751.09 0.00 140,957.96 14,262.38 0.00 6,718.08 2,929.78 0.00 2,45129 $ 585,199.03 58,822.65 14,285.74 588.96 18,805,84 447.87 616.31 1,807.67 356.10 600.09 $ 695,511.89 HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VOUCHRE2 CITY OF TEMECULA 5 11/09/94 15:43 VOUCHER/CHECK REGISTER FOR ALL PERIORS FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 165 RDA DEV- LOft/MOO SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C 210 CAPITAL IMPROVENENT PROJ FUND 280 REDEVELOPRENT AGENCY - 300 INSURANCE FUND ]20 INFORMATION SYSTEMS SUPPORT SERVICES 340 FACILITIES ANOUNT 19,763.81 1,83;7.69 39.85 9,687.68 306.42 19.96 2,202.52 16.16 422.38 660.46 2,071.57 9.60 529.47 TOTAL 37,567.57 15:43 VOUCHER/ CHECK CHECK VENDOR V~MDOR NUMBER DATE NUMBER RARE 20933 11/07/94 000155 DAVLIN 20933 11/07/94 000155 DAVL[N 20937 11/10/94 000724 20938 11/10/94 000101 APPLE ONE 20939 11/10/94 000474 ARBOR-PRO TREE SERVICE CITY OF TERECULA VOUCHER/CHECK REGISTER FOR ALL pERIODS ZTEH ACCOLINT DESCRIPTION Nt,lq~ER AUDIO TAPE OF I0/11COUNCXL ME 001-100-~-5250 AUOIO TAPE OF 10/18 COUNCXL ME 001-100-~9-5250 A & R CUSTOM SCREEN PRI SPORTS pROGRAMS AWARDS TEMPOIL~RY HELP THRU 10/29/94 TRIM 3 TREES-CLASSIC WAY BOTTLED WATER - CITY HALL 20940 11/10/94 001323 ARROWHEAD WATER 20941 11/10/94 000622 BANTA ELECTRZC-REFRIGER RUN DED. LINE TO PROJ SCREEN 190-183-~-5380 001-140-~-5118 100-164-601-5402 340-199-~-5240 190-182-~-5212 20942 11/10/94 000370 BIRDSALL, PATRZCIA 20943 11/10/94 000129 CAL WEST RENTAL CENTER RECIPROCATZOR SAW RENTAL 20944 11/10/94 001195 CENTRAL SECURITY SERVIC LSS #20738 FIRE ALARM SIGN 2094z+ 11/10/94 001195 CENTRAL SECURITY SERVIC FREIGHT 20944 11/10/94 001195 CENTPJ~L SECURITY SERVIC TAX 11/10/94 001275 CONPUSERV, INC. 1NFORHAT[ON SERVICE*OCTOBER 20946 11/10/94 001629 CREATIVE HYDROSEED~ %NC HYDROSEED'LONG VLY WASH 20947 11/10/94 001535 CREEKSIDE TEXACO 20948 11/10/94 001233 DAH'S FEED & SEED, INC. 20949 11/10/94 001029 DATAQUICK 20950 11/10/94 DIAMOND, JOHN 20951 11/10/94 000161 EDEN SYSTEMS, INC. 20952 11/10/94 000754 ELLIOTT GROUP, THE 20953 11/10/94 001056 EXCEL LANDSCAPE 20953 11/10/94 001056 EXCEL LANDSCAPE 20953 11/10/94 001056 EXCEL LANDSCAPE 20953 11/10/94 001056 EXCEL LANDSCAPE 20954 11/10/94 0001~ FIRST AMERICAN TITLE CO 20955 11/10/94 000643 FORTHER HAROWARE 20956 11/10/94 001355 G T E CALIFORNIA 10/22-25 CALZF CITIES CONFEREN 001-100-~-5258 VEHICLE HA1NT/PUBLIC WORKS PROPANE GAS FOR FIELD TANKS CO RON DATA/PLAT NAP-NOVEMbER CANCELLATION OF TCSD CLASS AP CHECK PRINT pRDGRAM NC3OIF PLAN CHECK SERVICES FOR SEPT 9 IRRIGATION REPAIR IRRIGATION LINE REPAIR DISPUTE ON IRRIG REPAIR DISPUTE-LABOR CHARGE EXCESSIVE PRELIMINARY TITLE REPORT MISC. HARDWARE SUPPLIES 10/28-11/27 ACCESS CHARGES 190-180-999-5Z38 190-182-999-5212 190-182-999-5212 190-182-999-5212 320-199-999-5228 193-180-999-5415 100-164-601-5214 100-164-601-5218 320-199-999-5250 190-183-4980 320-199-999-5211 001-161-999-5250 193-180-999-5415 193-180-999-5415 193-180-999-5415 193-180-999-5415 280-199-999-5250 100-164-601-5218 320-199-999-5208 ITEM AI~K~UNT 701,67 701.67 414.77 412.80 300.00 139.8~ 280.00 32.25 81.93 10.59 14.69 30.23 448.50 26.95 4.7~ 85.24 6.00 270. O0 10,320.00 926.56 298.04 742.10- 240. O0 - 400.00 38.09 350.00 PAGE 1 CHECK M~XJNT 1,403.~4 414.77 412.80 300.00 139.86 280.00 32.25 33.27 107.21 30.2~ /,48.50 26.95 4.79 85.24 6,00 270. O0 10,320.00 242.50 400.00 38.09 350.00 VOUCHREZ CiTY OF TEMECULA P' 2 11/09/94 15:43 VOUCHER/CHECK REGISTER FOR ALL PERIORS VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME ITEM DESCRIPTION ACCOUNT NUMBER iTEM AMOUNT CHECK AMOUNT 20957 11/10/94 000184 G T E CALIFORNIA - PAYN 20957 11/10/94 000184 G T E CALIFORNIA - PAYN 20957 11/10/94 000184 G T E CALIFORNIA - PAYN 20957 11/10/94 000184 G T E CALIFORNIA - PAYN 909 695-3539 GEN 909 699-0128 -GEN 909 699-2309 GEM 909-699-6267 FILM COUNCIL 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 23.10 288.09 22.83 17.07 351.09 20958 11/10/94 000177 GLENHIES OFFICE PROUUCT 20958 11/10/94 000177 GLENHIES OFFICE PROOUCT 20958 11/10/94 000177 GLENHIES OFFICE PROUUCT 20958 11/10/94 000177 GLENHIES OFFICE PRQOUCT 20958 11/10/94 000177 GLENHIES OFFICE PRODUCT 20958 11/10/94 000177 GLENHIES OFFICE PRODUCT 20958 11/10/94 000177 GLENHIES OFFICE PRODUCT 20958 11/10/94 000177 GLENHIES OFFICE PRODUCT MISC. OFFICE SUPPLIES CRC OFFICE SUPPLIES-CiTY NGR DEPT MISC, OFFICE SUPPLIES MiSC, OFFICE SUPPLIES OFFICE SUPPLIES RETURN OF OFFICE SUPPLIES RETURN OF OFFICE SUPPLIES RETURN OF OFFICE SUPPLIES-TCSD 190-182-999-5220 001-110-999-5220 001-140-999-5220 001-140-999-5220 001-120-999-5220 001-120-999-5220 001-120-999-5220 190-182-999-5220 9.93 138.77 20.97 26.40 5.47 1.43- 5.27- 11.44- 183.40 20959 11/10/94 000178 GOLDEN STATE TRADING CO 12" MONITOR 320-199-999-5221 100.82 100.82 20960 11/10/94 000711 GRAPHICS UNLIMITED LITH 20960 11/10/94 000711 GRAPHICS UNLIMITED LITH 20960 11/10/94 000711 GRAPHICS UNLIMITED LITH 20960 11/10/94 000711 GRAPHICS UNLIMITED LITH P/W DIRECTOR RECRUITMENT TAX RECRUIT BROCHURES TVEDC\MAIN S TAX 001-150-999-5222 001-150-999-5222 001-150-999-5222 001-150-999-5222 20961 11/10/94 000]66 HARRINGTON, KEVIN 11/1-2 IRRIGATION AUDIT COURSE 190-180-999-5258 579.00 44.87 555.00 43.01 68.51 1,221.88 20962 11/10/94 001517 HEALTH & HUMAN RESOURCE EMPLOYEE ASSISTANCE PROGRAM 001-150-999-5250 331.50 331.50 20963 11/10/94 HOLIDAY SIGNS HOLIDAY CLOSING SIGNS 001-120-999-5228 19.00 19.00 20964 11/10/94 001351 INLAND EMPIRE ECONORIC IEEP MEMBERSHIP LUNCHEON 12/8 001-110-999-5258 60.00 60.00 20965 11/10/94 000203 JOBS AVAILABLEe 1NC. RECRUIT FOR MAIN ST DIRECTOR 001'150-999-5254 64.80 64.80 20966 11/10/94 KNIGHT, NANCY SECURITY DEPOSIT REFUND 190-2900 100.00 100.00 20967 11/10/94 001282 KNORR POOL SYSTEMS, INC TEST VIALS 20968 11/10/94 001123 KNOX iNDUSTRIAL SUPPLIE SM TOOLS FOR CATCH BASIN CLEAN 20968 11/10/94 001123 KNOX INDUSTRIAL SUPPLIE TAX 190-182-999-5212 100-164-601-5242 100-164-601-5242 15.90 21.40 1.66 15.90 23.06 20969 11/10/94 000214 LUNCH & STUFF CATERING CiTY MANAGER MEETING 001-110-999-5260 39.00 39.00 20970 11/10/94 MAAB, LINDA REFUND FOR TCSD CLASS 190-1RX'4982 20971 11/10/94 001526 MICNAELS STORES, INC, CRAFT SUPPLIES 190-182-999-5301 20971 11/10/94 001526 MICHAELS STORES, INC. CRAFT SUPPLIES 190-182-999-5301 20972 11/10/94 0009T$ MIRACLE RECREATION EQUI SLIDE REPAIR PARTS 190-180"999-5212 8.15 12.88 64.40 34.21 8.15 77.28 S4.21 20973 11/10/94 000448 MOORE BUSINESS FORMS PURCHASE ORDER FORMS 001-140-999-5222 532.12 20973 11/10/94 000448 MOORE BUSINESS FORMS FREIGHT 001-140-999-5222 20.04 20973 11/10/94 000448 MOORE BUSINESS FORMS TAX 001-140-999-5222 41.24 Vr ? CITY OF TEMECULA PAGE 3 1, 4 15:43 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 20974 11/10/94 001657 MULTI-PURE CORPORATION 20975 11/10/94 001150 O'BRIEN, CARY 20976 11/10/94 001656 OMEGA PRINT 20977 11/10/94 001561 PAGENET 20977 11/10/94 001561 PAGENET 20977 11/10/94 001561 PAGENET 20977 11/10/94 001561 PAGENET 20977 11/10/94 001561 PAGENET 20977 11/10/94 001561 PAGENET 20977 11/10/94 001561 PAGENET 20977 11/10/94 001561 PAGENET PAGING NETWOR PAGING NETWOR PAGING NETWOR PAGING NETWOR PAGING NET~iOR PAGING NETWOR PAGING NET~OR PAGING NETWOR 20978 11/10/94 000248 PETROLANE 20979 11/10/94 000580 PHOTO ~ORKS 20979 11/10/94 000580 PHOTO ~ORKS 11/10/94 000255 PRO LOCK & KEY ~1 11/10/94 000947 RANCNO SELL BLUEPRINT C 20981 11/10/94 000947 SANCHO SELL BLUEPRINT C 20982 11/10/94 000262 SANCHO CALIFORNIA WATER 20982 11/10/94 000262 SANCHO CALIFORNIA WATER 20982 11/10/94 000262 SANCHO DALIFORNIA WATER 20982 11/10/94 000262 SANCHO CALIFORNIA WATER 20982 11/10/94 000262 SANCHO CALIFORNIA WATER 20982 11/10/94 000262 SANCHO CALIFORNIA WATER 20983 11/10/94 000278 SAN DIEGO UNION TRIBUNE 20984 11/10/94 000285 SIR SPEEDY 20984 11/10/94 000285 SIR SPEEDY 20985 11/10/94 000645 SMART & FINAL 20985 11/10/94 000645 SMART & FINAL 20985 11/10/94 000645 SMART & FINAL 20985 11/10/94 000645 S~RT & FINAL 20986 11/10/94 000519 SOUTH COUNTY PEST CONTR 20986 11/10/94 000519 SOUTH COUNTY PEST CONTR 20987 11/10/94 000374 SOUTHERN CALIF EDISON 20988 11/10/94 000537 SOUTHERN CALIF EDISON - 20988 11/10/94 000537 SOUTHERN CALIF EDISON - ~8 11/10/94 000537 SOUTHERN CALIF EDISON - ,0 11/10/94 000537 SOUTHERN CALIF EDISON - ITEM DESCRIPTION REPL FILTER-KITCHEN SINK FAUCE EMERG FENCE REPAIR-CITY YARD MISC. LEGAL SUPPLIES - STEIN PAGERS NOVEMBER 1994 PAGER$ NOVEMBER 1994 PAGERS NOVEMBER 1994 PAGERS NOVEMBER 19994 PAGERS NOVEMBER 1994 PAGERS NOVEMBER 1994 PAGERS NOVEMBER 1994 PAGERS NOVEMBER 1994 PROPANE FOR TCSD VEHICLES FILM AND SLIDE DEVELOPMENT FILM, SLIDES AND PICTURES C.R.C. WATER SLIDE GATE BLUEPRINT REPRODUCTIONS BLUEPRINT REPRODUCTION 01-06-84300-19/13-10/12/94 WATER SERVICE 9/8-10/7/94 WATER SERVICE 9/8-10/7/94 WATER SERVICE 9/8-10/7/94 WATER SERVICE 9/8-10/7/94 WATER SERVICE 9/8-10/7/94 RECRUIT FOR MAIN ST DIR. BUSINESS CARDS-POLICE DEPT TAX RECREATION SUPPLIES RECREATION SUPPLIES RECREATION SUPPLIES RECREATION SUPPLIES PEST CONTROL SERV-SENIOR CNTR PEST CONTROL SERVICES-CRC 66-77-584-8087-02 STOP, AGE BLDG 51-77-905-57~5-01 9/30-11/1 52-77-796-7050-02 10/3-11/2 52-77-812-9861-01 10-/13-11/2 52-77-899-0011-02 10/1-11/2 ACCOUNT NUMBER 340-199-'~-521Z 300-199-999-5207 300-1999-999-5207 001-100-999-5250 001-162-~-5238 001-163-999-5250 001-165-999-5238 100-164-601-5238 001-170-999-5242 190-180-999-5250 320-199-999-52S8 190-180-999-5263 190-180-999-5301 190-180-999-5301 190-182-999-5212 210-165-652-5802 001-163-999-5268 100-164-601-5240 190-180-999-5240 190-181-999-5240 190-182-999-5240 191-180-999-5240 193-180-999-5240 001-150-999-5254 001-170-999-5222 001-170-999-5222 190-180-999-5301 190-180-999-5301 190-180-999-5301 190-180-999-5301 190-181-999-5250 190-182-999-5250 340-199-999-5240 191-180-999-5319 190-180-999-5240 190-180-999-5240 193-180-999-5240 ITEM AMOUNT 43.09 100.00 551.96 22.50 22.50 15.00 7.50 15.00 22.50 67.50 19.95 131.19 15.08 74.53 275.00 16.16 25.86 18.29 2,928.50 95.04 1,386.75 206.79 1,361.11 196.35 668.16 51.79 126.31 51.08 75.28 29,00 42.00 29.63 15.36 1,268.10 14.60 15.36 CHECK AMOUNT 43.09 100.00 551.96 192.45 131.19 89.61 275.00 42.02 5,996.48 196.35 719.95 351.97 71.00 29.63 VOUCHRE2 CITY OF TEMECULA 4 11/09/94 15:43 VOUCHER/CHECN REGISTER FOR ALL PERZOOS VOUCHER/ CHECK NUMBER 20988 20988 20989 Z0990 20990 20991 20991 20991 20991 20991 20991 20991 20991 20991 20991 20991 20991 20992 20992 20993 20993 20994 20995 20996 20996 20996 20996 20997 20998 20998 20998 20998 20998 20998 20999 CHECK VENDOR VENDOR DATE NUMBER NAME 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 11/10/94 000537 SOUTHERN CALIF EDISON 000537 SOUTHERN CALIF EDISON 000375 SOUTHERN CALIF TELEPHON 000291 SPEE DEE OIL CHANGE & T 000291 SPEE DEE OIL CHANGE & T 000294 000294 000294 000294 000294 000294 000294 000294 000294 000294 000294 000294 STATE FUND SAN FRANCI STATE FUND SAN FRANCI STATE FUND SAN FRANCI STATE FUND SAN FRANCI STATE FUND SAN FRANCI STATE FUND SAN FRANCI STATE FUND SAN FRANCI STATE FUND SAN FRANCI STATE FUND SAN FRANCI STATE FUND SAN FRANCI STATE FUND SAN FRANCI STATE FUND SAN FRANCI 000574 SUPER TONER 000574 SUPER TONER 000305 TARGET STORE 000305 TARGET STORE 000825 TEMECULA CYCLES 000168 TEMECULA FLOWER CORRAL 001545 TIME MOTION TOULS 001545 TIME MOTION TOOLS 001545 TIME MOTION TCX:)LS 001545 TIME MOTION TOULS 000320 TOWNE CENTER STATIONERS 000326 UNITOG RENTAL SERVICE 000326 UNITOG RENTAL SERVICE 000326 UNITOG RENTAL SERVICE 000326 UNITOG RENTAL SERVICE 000326 UNITOG RENTAL SERVICE 000326 UNITOG RENTAL SERVICE 000348 ZIGLER, GAIL ITEM ACCOUNT ITEM CHECN DESCRIPTION NUMBER AMOUNT AMOUNT 52-77-899-2622-02 11/1-11/2 43-77-077-5209-03 8.r$1-9/30 193-180-999-5240 192-180-999-5319 BATTERIES FOR NEC P200 320-199-999-5220 NAINTENANCE/BLDG&SAFTY VEHICLE 001-162-999-5214 OVERCHARGE FOR OIL CHANGE 001-162-999-5214 WORKERS' CONP FOR OCTOBER 1994 001-2370 WORKERS' CONP FOR OCTOBER 1994 100-2370 WORKERS# CORP FOR OCTOBER 1994 165'Z$70 ~ORKERS# CQNP FOR OCTOBER 1994 190-2370 WORKERS' CONP FOR OCTOBER 1994 191'2370 WORKERS' CORP FOR OCTOBER 1994 193-2370 WORKERS' CONP FOR OCTOBER 1994 192-2370 WORKERS' COMP FOR OCTOBER 1994 280-2370 WORKERS' CONP FOR OCTOBER 1994 300-2~70 WORKERS' CONP FOR OCTOBER 1994 320-2370 WORKERS# CONP FOR OCTOBER 1994 330-2370 WORKERS~ COMP FOR OCTOBER 1994 340-~370 HP LASER TONER II (REFURB) TAX 320-199-999-5221 320-199-999-5221 RECREATION SUPPLIES RECREATION SUPPLIES 190-180-999-5301 190-180-999-5301 MOTORCYCLE MAINTENANCE 001-170-999-5214 FLCNERS FOR SIGNING CEREMONY 001-100-999-5258 TMT-58WLS WIRE LOCATOR TMT-A~28 8-WIRE ADAPTER FREIGHT TAX 320-199-999-5Z42 320-199-999-5242 320-199-999-5242 320-199-999-5242 OFFICE SUPPLIES 001-163-999-5220 UNIFORM MAINTENANCE FOR TCSD UNIFORM MAINT/PUBLIC ~ORKS UNIFORM MAINTENANCE FOR TCSD FLOOR MAT RENTAL/CLEAN-CITY FLOOR MAT RENTAL/CLEAN-CRC FLOOR NAT RENTAL/CLEAN-SR CNT 190-180-999-5243 100-164-601-5243 190-180-999-5243 340~199-999-5250 190-182-999-5250 190-181-999-5250 RECEPTION FOR SIGNING CEREMONY 001-100-999-5258 15.36 15.99 81.89 24.99 4.00- 3,487.84 1,388.51 39.85 1,659.88 84.27 119.69 3.97 22.38 8.50 21.37 9.60 286.14 450.00 34.~ 55.87 28.96 173.05 197.99 220.00 31.90 4.68 19.52 45.15 17.43 23.00 16.35 30.75 69.39 16.75 123.75 1,344.77 81.89 20.99 7,132.00 8~.83 173.05 197.99 276.10 45.15 175.67 123.75 TOTAL CHECKS 37,567.57 Vr '2 CITY OF TENECULA PAGE 10 1 4 13:28 VOUCHER/CHECK REGISTER FOR ALL PERIQOS FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 165 RDA DEV- LOkJ/NI3~ SET AS[DE 190 CONHUNZTY SERVZCES DISTRICT 191 TCSD SERVZCE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 210 CAPITAL INPROVENENT PROJ FUND 280 REDEVELOPNENT AGENCY - C[P 300 INSURANCE FUND 320 iNFORNAT[ON SYSTEHS SUPPORT SERVICES 340 FACILITIES TCSD DEBT SERVICE ANOUNT /,1,3~8.27 257.9/, 15,883.04 14,523.01 2,385.20 100.21 11,422.93 4,6/.6.51 1,918.10 1,136.06 10.00 TOTAL 153,823.8~ VOUCHRE2 CITY OF TEMECULA 1 11/17/94 13:28 VOUCHER/CHECK REGISTER FO~ ALL PERIOOS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 21000 11/14/04 001659 LAW FIRM OF FIDLER,BELL MURRIETA CREEK LITIG. CONTRIBU 300-199'999-5207 21001 11/14/94 FRANCHISE TAX BOARD ANNUAL INFORMATION STATEMENT ]90-1~-~-5227 5,000.00 10.00 5#000.00 10.00 21002 11/14/94 THONPSON'CLAUDIO, ALICI REFUND FOR SECURITY DEPOSIT 190-183-4990 100.00 100.00 409444 11/17/94 000283 FIRSTAX (IRS) 00028~ FEDERAL 001-2070 10,334.54 409444 11/17/94 000283 FIRSTAX (IRS) 000283 FEDEP. AL 100-2070 2,175.62 409444 11/17/94 000283 FIRSTAX (IRS) 00028~ FEDERAL 165-2070 105.16 409444 11/17/94 000283 FIRSTAX (IR$) 00028~ FEDERAL 190-2070 2,596.32 409444 11/17/94 000283 FIRSTAX (IRS) 00028~ FEDERAL 191-2070 46.88 409444 11/17/94 000283 FIRSTAX (IRS) 000283 FEDERAL 192-2070 71.74 409444 11/17/94 000283 FIRSTAX (XRS) 00028] FEDERAL 193-2070 213.16 409444 11/17/94 000283 FIRSTAX (IRS) 00028~ FEDERAL 280-2070 30.24 409444 11/17/94 000283 FIRSTAX (IRS) 00028] FEDERAL 300-2070 88,33 409444 11/17/94 000283 FIRSTAX (IRS) 000283 FEDERAL 320-2070 279.83 409444 11/17/94 00028] FIRSTAX (IRS) 000283 FEDERAL 330-2070 99.11 409444 11/17/94 000283 FIRSTAX (XRS) 000283 FEDERAL 340-2070 143.60 409444 11/17/94 000283 FIRSTAX CIRS) 000283 MEDICARE 001-2070 2,539.46 409444 11/17/94 000283 FIRSTAX (IRS) 000283 MEDICARE 100-2070 518.]9 409444 11/17/94 000283 FIRSTAX (IRS) 000283 MEDICARE 165-2070 21.08 409444 11/17/94 000283 FIRSTAX (IRS) 000283 MEDICARE 190-2070 676.08 409444 11/17/94 000283 FIRSTAX (IRS) 000283 MEDICARE 191-2070 17.44 409444 11/17/94 000283 FIRSTAX (IRS) 000283 MEDICARE 192-2070 23.12 409444 11/17/94 000283 FIRSTAX (IRS) 000283 MEDICARE 193-2070 63.98 409444 11/17/94 000283 FIRSTAX (IRS) 000283 MEDICARE 280-2070 11.64 409444 11/17/94 000283 FIRSTAX (IRS) 000283 MEDICARE 300-2070 22.51 409444 11/17/94 000283 FIRSTAX (IRS) 000283 MEDICARE 320-2070 58.36 409444 11/17/94 000283 FIRSTAX (XRS) 000283 MEDICARE 330-2070 24,76 409444 11/17/94 000283 FIRSTAX (IRS) 0002~ MEDICARE ]40-2070 64.76 461467 11/17/94 000444 FIRSTAX (EDD) 000444 SDI 001-2070 471,3] 461467 11/17/94 000444 FIRSTAX (EDD) 000444 SDI 100-2070 127.03 461467 11/17/94 000444 FIRSTAX (EDD) 000444 SDI 190-2070 190.49 46146? 11/17/94 000444 FIRSTAX (EDD) 000444 SOl 191-2070 7.81 461467 11/17/94 000444 FIRSTAX (EDD) 000444 SDI 192-2070 10.37 461467 11/17/94 000444 FIRSTAX (EDD) 000444 SOl 193-2070 17.80 461467 11/17/94 000444 FIRSTAX (EDD) 000444 SOl 300-2070 461467 11/17/94 000444 FIRSTAX (EDD) 000444 SOl 330-2070 11.10 461467 11/17/94 000444 FIRSTAX (EDD) 000444 SDI 340-2070 25.19 461467 11/17/94 000444 FIRSTAX (EDD) 000444 STATE 001-2070 2,717.95 461467 11/17/94 000444 FIRSTAX (EDD) 000444 STATE 100-2070 543.81 461467 11/17/94 000444 FIRSTAX (EDD) 000444 STATE 165-2070 22.49 461467 11/17/94 000444 FIRSTAX (EDD) 000444 STATE 190-2070 542.69 461467 11/17/94 000444 FIRSTAX (EDD) 000444 STATE 191-2070 15.40 461467 11/17/94 000444 FIRSTAX (EDD) 000444 STATE 192-2070 9.06 461467 11/17/94 000444 FIRSTAX (EDD) 000444 STATE 193-2070 44,95 461467 11/17/94 000444 FIRSTAX (EDD) 000444 STATE 280-2070 8.48 461467 11/17/94 000444 FIRSTAX (EDD) 000444 STATE 300-2070 ]0.22 461467 11/17/94 000444 FIRSTAX (EDD) 000444 STATE 320-2070 64.13 461467 11/17/94 000444 FIRSTAX (EDO) 000444 STATE 330-2070 19.65 20,226.11 V¢ ~ C[TY OF TEMECULA PAGE 2 1~ + 13:28 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 461467 11/17/94 000444 FIRSTAX (EDD) 21009 11/17/94 000680 21009 11/17/94 000680 21009 11/17/94 000680 21009 11/17/94 000680 21009 11/17/94 000680 21009 11/17/94 000680 Z1009 11/17/94 000680 21009 11/17/94 000680 21009 11/17/94 000680 21009 11/17/94 000680 AMS TMS AMS TMS AMS TMS AHS TNS AMS TNS AMS TNS AMS TM$ AMS TNS AMS TNS AMS TMS 21010 11/17/94 000921 AETNA CASUALTY AND SURE 21011 11/17/94 001425 AIRTOUCH CELLULAR CORP. 21012 11/17/94 001642 ALL-STAR AWARDS AND PRO 21012 11/17/94 001642 ALL-STAR AWARDS AND PRO 21012 11/17/94 001642 ALL-STAR AWARDS AND PRO :~""~2 11/17/94 001642 ALL-STAR AWARDS AND PRO 11/17/94 001642 ALL-STAR AWARDS AND PRO 21013 11/17/94 000110 AMERICAN BUSINESS SYSTE 21014 11/17/94 000112 AMERICAN PLANNING ASSOC 21014 11/17/94 000112 AMERICAN PLANNING ASSOC 21014 11/17/94 000112 AMERICAN PLANNING ASSOC 21015 11/17/94 000622 BANTA ELECTRIC-REFRIGER 21016 11/17/94 C R E ELECTRIC 21017 11/17/94 21017 11/17/94 21017 11/17/94 21017 11/17/94 000129 CAL WEST RENTAL CENTER 000129 CAL WEST RENTAL CENTER 000129 CAL WEST RENTAL CENTER 000129 CAL WEST RENTAL CENTER 21018 11/17/94 000484 CALIFORNIA ASSOC LOCAL 21019 11/17/94 000126 CALIFORNIA LANDSCAPE MA 21019 11/17/94 000126 CALIFORNIA LANDSCAPE MA 21020 11/17/94 000699 CALIFORNIA PEACE OFFICE 21021 11/17/94 000950 CALIFORNIAN o DISPLAY 21021 11/17/94 000950 CALIFORNIAN - DISPLAY 21022 11/17/94 CAREERTRACK SEMINARS MS 11/17/94 001195 CENTPj~L SECURITY SERVIC ITEM DESCRIPTION 000444 STATE POSTAGE POSTAGE POSTAGE POSTAGE POSTAGE POSTAGE POSTAGE POSTAGE POSTAGE POSTAGE NOVEMBER INSURANCE PMT 6015202 9/27-10/18 66 P/T UNIFORM SHIRTS 6 P/T UNXFORM SHIRTS SCREENING ARTWORK TAX POSTAGE MACH NAINT AGREE RENEW DUES/PLANNING & LAW-D. UBNOSKE APA DUES FOR JOHN MEYER DUES FOR RUIZ & HOGAN EMERGENCY REPAIR-FIELD LIGHT REFUND-REINSPECTION FEES TRASH PUMP 3" RENTAL TRASH PUMP 3" RENTAL PARK MAINTENANCE RENTAL EQUIP PARK MAINTENANCE RENTAL EQUIP LOCAL PERMIT STREAMLINING ~I~SH INSTALL COLOR IN MEDIAN AREAS GRADING PRIOR TO HYDROSEED 1995 LEGISLATIVE UPDATE COURSE JOB RECRUITMENT (1100533000) JOB RECRUITMENT (1100533000) WKSHP EXCELLING AS A SUPERV[SO FIRE ALARM MOSITORING-CRC ACCOUNT NUMBER 340-2070 001-100-999-52~0 001-120-999-5230 001-162-999-5230 190-180-999-5230 001-140-999-52~0 001-150-999-5230 001-161-999-5230 100-164-604-5210 320-199-999-52]0 300-199-999-5204 320-199-999-5208 190-180-999-5243 190-180-999-5243 190-180-999-5243 190-180-999-5243 190-180-999-5243 2]0-199-999-5217 001-161-999-5226 001-161-999-5226 001-161-999-5226 190-182-999-5212 001-162-4285 190-180-999-5218 190-180-999-5218 190-180-999-5238 190-180-999-5238 001-161-999-5261 191-180-999-5415 193-180-99~-5415 001-170-999-5261 001-150-999-5254 001-150-999-5254 001-161-999-5261 190-182-999-5250 [TEN AMOUNT 16.03 11.54 49.48 141.41 100.86 82.52 267.82 107.64 143.20 174.16 6.94 6,128.48 75.81 528.00 59.10 24.50 25.00 49.34 450.00 15.00 269. O0 272.00 230.50 150.00 21.65 96.88 11.60 10.78 50.00 ?28.00 256.00 624.00 198.00 53.00 CHECK AMOUNT 4,899.59 1,085.57 6,128.48 75.81 685.94 450.00 556.00 2]0.50 150.00 140.91 50.00 984.00 624.00 47.52 198.00 53.00 VOUCHRE2 CiTY OF TEMECtJLA F 3 11/17/94 13:28 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 21024 11/17/94 000137 CHEVRON U S A INC. 21024 11/17/94 000137 CHEWON U S A INC. 21024 11/17/94 000137 CHEVRON U S A INC. 21025 11/17/94 000980 COAST IRRIGATION SUPPLY 21026 11/17/94 000146 COUNTS UNLIMITED 21027 11/17/94 001535 CREEKSIDE TEXACO 21027 11/17/94 001535 CREEKSXDE TEXACO 21028 11/17/94 001393 DATA TICKET, INC. 21028 11/17/94 001393 DATA T[CKET, INC. 21028 11/17/94 001393 DATA TICKET, INC. 21028 11/17/94 001393 DATA TICKET, INC. 21029 11/17/94 000155 DAVLIN 21030 11/17/94 000518 DEL RIO CARE ANIMAL HOS 21031 11/17/94 000165 FEDERAL EXPRESS 21032 11/17/94 001511 FIELDMAN ROLAPP & ASSOC 21033 11/17/94 001135 FIRST CARE INDUSTRIAL M 21033 11/17/94 001135 FIRST CARE INDUSTRIAL M 21034 11/17/94 001002 FIRST INTERSTATE BANK C 21034 11/17/94 001002 FIRST INTERSTATE BANK C 21034 11/17/94 001002 FIRST INTERSTATE BANK C 21034 11/17/94 001002 FIRST INTERSTATE BANK C 21034 11/17/94 001002 FIRST INTERSTATE BANK C 21034 11/17/94 001002 FIRST INTERSTATE BANK C 21034 11/17/94 001002 FIRST INTERSTATE BANK C 21035 11/17/94 000643 FORTNER HARDWARE 21036 11/17/94 000170 FRANKLIN GUEST COMPANY 21036 11/17/94 000170 FRANKLIN QUEST COMPANY 21036 11/17/94 000170 FRANKLIN GUEST CUMPANY 21036 11/17/94 000170 FRANKLIN GUEST COMPANY 21037 11/17/94 000993 FREEDOM COFFEE, INC. 21037 11/17/94 000993 FREEDOM COFFEE, INC. 21038 11/17/94 00018~ G T E CALIFORNIA - PAYM 21039 11/17/94 000177 GLENNIES OFFICE PROOUCT 21039 11/17/94 000177 GLENNIES OFFICE PRQOUCT 21039 11/17/94 000177 GLENNIES OFFICE PRODUCT 21039 11/17/94 000177 GLENNIES OFFICE PRODUCT ITEM ACCOUNT ITEM CHECK DESCRIPTION NUMBER AMOUNT AMOUNT FUEL EXPENSE FOR OCT 94 FUEL EXPENSE FOR OCT 94 FUEL EXPENSE FOR OCT 94 001-170-999'526Z 001-161-999-5262 100-164-602-5262 %RRIG pARTS-SPORTS PARK 190-180-999-5212 TRAFFIC CENSUS PROGRAM FY94-95 100-164-602-5406 VEHICLE MAINT. FOR PUBLIC VEHICLE HAINT. PUBLIC WORKS 100-164-601-5214 100-16~-60~-5214 PROCESSING CITAT/ONS; 1000 a PROCESSING CITATIORS; 1000 a ADM]N/STRAT/VE REV/EW PROCESS ADMINISTRATIVE REVIEM PROCESS 001-140-999-5250 001-170-999-5250 001-170-999-5250 001-140-999-5250 PLANNING CUMMISSION TAPING 001-161-999-5250 MEDICAL CARE FOR POLICE DOG 001-170-999-5327 EXPRESS MAIL SERVICE 001-140-999-5230 FUTURE INCREMENT STUDY MEETING 280-199-999-5248 PRE*EMPLOYNENT PHYSICALS FLU SHOTS 001-150-999-5248 001-2640 5473 6664 03910081-RR 547~ 6664 039100~O-PB 5473 6664 0391 0107-HE 5473 6664 0391 0164-JSM 5473 6664 0391 016~ 5473 6664 0391 0172-RB 5473 66~ 0391 0057 SN 001-100-999-5258 001-100-999-5258 001-110-999-5250 001-100-999-5258 001-100-999-5250 001-110-999-5228 190-180-919-5260 MISC SUPPLIES AND EQUIPMENT 190-180-999-5212 REFILLS FOR DALLY PLANNERS REPLACEMENT FILLER 11849 FREIGHT TAX 190-180-999-5220 001-162-999-5220 001-162-999-5220 001-162-999-5220 COFFEE SUPPLIES-CITY HALL COFFEE SUPPLIES-CITY HALL 340-199-999-5250 3~0-199-999-5250 909 694-6400 GEN 320-199-999-5208 OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES FOR CSD ADMIN, OFFICE SUPPLIES*CITY MGR DEPT 190-182-999-5220 001-120-999-5220 190-180-999-5ZZ0 001-110-999-5220 7Z.77 36.50 9.80 71.65 800.00 80.22 66.80 41.75 41.75 66.75 66.75 150.00 17.82 9.00 690.00 90.00 120.00 277.44 385.49 1.00 154.56 1.05 8.00 65.93 178.22 49.40 59.85 6,95 5.18 113.46 154.18 681.68 19.77 23.49 3/,4.77 9.65 119.07 71.65 800.00 147.02 217.00 150.00 17.82 6 210.00 893.47 178.22 121.38 267.64 681.68 Vr '2 CITY OF TENECULA PAGE 4 1 4 13:28 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM NUMBER DATE ~,q~BER NAME DESCRIPTION 21039 11/17/94 000177 GLENHIES OFFICE PRODUCT 21039 11/17/94 000177 GLENHIES OFFICE PRODUCT OFFICE SUPPLIES/BLDG & SAFETY OFFICE SUPPLIES FOR CSD ADMIN. 21040 11/17/94 000192 GLOBAL COMPUTER SUPPLIE MONITOR PLATFORM 21040 11/17/94 000192 GLOBAL COMPUTER SUPPLIE PRINTER STAND 21040 11/17/94 000192 GLOBAL COMPUTER SUPPLIE AVERY LASER CARDS 21040 11/17/94 000192 GLOBAL COMPUTER SUPPLIE FREIGHT 21040 11/17/94 000192 GLOBAL COMPUTER SUPPLIE TAX 21041 11/17/94 000178 GOLDEN STATE TRADING CO ERGNONIC KEYBOARD 21041 11/17/94 000178 GOLDEN STATE TRADING CO FREIGHT 21041 11/17/94 000178 GOLDEN STATE TRADING CO TAX 21042 11/17/94 000186 HANKS HARDWARE 21042 11/17/94 000186 HANKS HARDWARE 21042 11/17/94 000186 HANKS HARDWARE 21042 11/17/94 000186 HANKS HARDWARE 21043 11/17/94 000806 HOWARD, BOBBY ~'~44 11/17/94 000193 I C M A - ANNAPOLIS JUN RECREATION SUPPLIES REPAIR AND NA[NT ITEMS RECREATION SUPPLIES RECREATION SUPPLIES PAYMENT TO TCSD INSTRUCTOR ELECTED OFFICIALS HANDBOOKS 94 j 11/17/94 000194 [ C M A RETIREMENT TRUS 000194 DEF CONP 21045 11/17/94 000194 I C M A RETIREMENT TRUS 000194 DEF CONP 21045 11/17/94 000194 [ C M A RETIREMENT TRUS 000194 DEF COMP 21045 11/17/94 000194 I C M A RETIREMENT TRUS 000194 DEF CONP 21045 11/17/94 000194 I C M A RETIREMENT TRUS 000194 DEF CONP 21045 11/17/94 000194 [ C M A RETIREMENT TRUS 000194 DEF CONP 21045 11/17/94 000194 [ C M A RETIREMENT TRUS 000194 DEF CONP 21045 11/17/94 000194 [ C M A RETIREMENT TRUS 000194 DEF COMP 21046 11/17/94 JACQUES, JIM 21047 11/17/94 001651 JIM DUKE SERVICE CONPAN 21047 11/17/94 001651 JIM DUKE SERVICE COMPAN 21048 11/17/94 000860 JOCHUM, LORI 21049 11/17/94 001662 KAWASAKI OF RIVERSIDE 21050 11/17/94 000886 KHALSA, ATHA KAUR 21051 11/17/94 001607 L D D S COMMUNICATIONS, REFUND FOR TCSD CLASS SERVICE TO COFFEE MACHINE CRC SERVICE TO COFFEE NACHINE-CRC PAYMENT TO TCSD INSTRUCTOR REPAIRS TO POLICE MOTORCYCLE PAYMENT TO TCSD INSTRUCTOR LONG DISTANCE-ACCT 7800002408 21052 11/17/94 001513 LIBERTY AUTO CENTER REDLINER FOR TCSD VEHICLE 21052 11/17/94 001513 LIBERTY AUTO CENTER SIDE MOUNT TOOL BOXES 21052 11/17/94 001513 LIBERTY AUTO CENTER TIRES 21052 11/17/94 001513 LIBERTY AUTO CENTER FILTER 21052 11/17/94 001513 LIBERTY AUTO CENTER LABOR ~2 11/17/94 001513 LIBERTY AUTO CENTER TAX 2 11/17/94 001513 LIBERTY AUTO CENTER TAX ACCOUNT NUMBER 001-162-999-5220 190-180-999-5220 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 190o182-999-5301 ~40-199-999-5212 190-180-999-5301 190-182-999-5301 190-18~-999-5330 001-110-999-5228 001-2080 100-2080 190-2080 191-2080 192-2080 193-2080 300-2080 340-2080 190-183-4982 190-182-999-5212 190-182-999-5212 190-183-999-5330 001-170-999-5214 190-18~-999-5330 320-199-999-5208 190-180-999-5242 190-180-999-5242 190-180-999-5214 190-180-999-5214 190-180-999-5214 190-180-999-5242 190-180-999-5214 ITEM AMOUNT 21,85- 186.42- 29.95 25.95 9.75 14.95 5.53 225.00 5.00 17.44 4.88 170.54 429.02 92.97 80,00 69.50 1,188.00 248.62 410.19 74.52 75.00 91.09 37.49 22.50 8.15 116.94 100,10 196.00 119.53 172.80 2,217.89 169.00 263.00 260.00 10.50 42.00 20.54 12,86 CHECK AMOUNT 189.41 8~.13 247.44 697.41 80.00 69.50 2,147.41 8.15 217.04 196.00 119.53 172.80 2,217.89 VC/JCHRE2 CITY OF TEMECULA r 5 11/17/94 13:28 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NLe~BER ITEM AMOUNT CHECK /~q(3(JNT 21052 11/17/94 001513 LIBERTY AUTO CENTER VEHICLE REPAIR/MAINTENANCE 001'162-999-5214 105.62 883.52 21053 11/17/94 001251 LONG BEACH UNIFORM CO., UNIFORM PATCHES FOR GLORIA 001-170-999-5245 21054 11/17/94 001653 ~ILER,S SOFTWARE ACCIJtt~ZL AUTO-UPDATE 320-199-999-5211 21054 11/17/94 001653 NAILER'S SOFTWARE MAILER,S+4 320-199-999-5211 21054 11/17/94 001653 NA[LER'S SOFTWARE FREIGHT 320-199-999-5211 21054 11/17/94 001653 NAILER~S SOFTWARE TAX 320-199-999-5211 74.89 199.00 49.00 8.00 17.98 74.89 27'3.98 21055 11/17/94 001574 MARGARITA VILLAGE RET C RETENTION M4T FON TP. RFFIC SIGN 100-2035 977.15 977.15 21056 11/17/94 NAYORS & COUNCILMEMBERS ,25 OVERRIDE PER PERSON 001-100-999-5258 13.00 13.00 21057 11/17/94 001526 MICHAELS STORES, INC. CRAFT SUPPLIES 21057 11/17/94 001526 MICHAELS STORES, INC. CRAFT SUPPLIES 190-182-999-5301 190-180-999-5301 54.93 78.25 133.18 21058 11/17/94 000883 MONTELEONE EXCAVATING 21058 11/17/94 000883 MONTELEONE EXCAVATING 21058 11/17/94 000883 MQNTELEONE EXCAVATING 21058 11/17/94 000883 MONTELEONE EXCAVATING 21059 11/17/94 001214 MORNINGSTAR MUSICAL PRO JEDEDIAH SMITH CHANNEL CLEAN 100-164-601-5401 MOTORGRADE FOR FiRE BREAK 100-164-601-5401 JEDEDIAB SMITH CHANNEL: 100-164-601-5401 VALLEGO CHANNEL: JOB #94-95-14 100-164-601-5401 DEPOSIT FOR PARADE SOUND & EQU 190-183-999-5370 520.00 768.00 6,930.00 9,460.00 200.00 17,678.00 21060 11/17/94 001200 N P E L R A 1995 MEMBERSHIP DUES 001-150-999-5226 160.00 160.00 21061 11/17/94 001663 NATIONAL ASSOC. OF PURC MEMBERSHIP TO PURCHASING ASSOC 001-140-999-5226 140.00 140.00 21062 11/17/94 001025 NATIONAL BUSINESS~ONAN' WKSHP iMAGE & COMMUNICATIONS 001-140-999-5258 158.00 158.00 21063 11/17/94 001394 NATIONAL SANITARY SUPPL BUILDING MAINT SUPPLIES - CRC 190-182-999-5212 21063 11/17/94 001394 NATIONAL SANITARY SUPPL BUILDING MAINT SUPPLIES - CRC 190-182-999-5212 2106/+ 11/17/94 001584 NEWPORT PRINTING SYSTEM 1500 LASER FED CHECKS 001-140-999-5222 21064 11/17/94 001584 NEWPORT PRINTING SYSTEM ART~R3RK 001-140-999-5222 2106/. 11/17/94 001584 NEWPORT PRINTING SYSTEM FREIGHT 001-140-999-5222 21064 11/17/94 00158/+ NEWPORT PRINTING SYSTEM TAX 001-140-999-5222 21064 11/17/94 001584 NEWPORT PRINTING SYSTEM OVERCHARGED PER PO QUOTE 001-140-999-5222 21064 11/17/94 001584 NEWPORT PRINTING SYSTEM FREIGHT 001-140-999-5222 21064 11/17/94 00158~ NEWPORT PRINTING SYSTEM TAX 001-140-999-5222 953.77 76.11 348,74 95.00 4.99 34.39 45.00- 4.99- 7.36- 1,029.88 425.77 21065 11/17/94 OLSON, LAURETTA 21066 11/17/94 001243 PALMQUIST, MARY 21067 11/17/94 000246 PERS 21067 11/17/94 000246 PERS 21067 11/17/94 000246 PERS 21067 11/17/94 000246 PERS 21067 11/17/94 000246 PERS 21067 11/17/94 000246 PERS 21067 11/17/94 000246 PERS REIMS. FOR CURTAINS FOR SR. CN PMT FOR TCSD INSTRUCTOR EMPLOYEES' RETIRE 000246 PER REDE 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 190-181-999-5301 190-183J~9-5330 001-2130 001-2390 100-2390 165-2390 190-2390 191-2390 192-2390 53.23 193.20 43.06 12,212.82 2,262.72 108.8~ 2°608.93 87.47 99.78 53.23 193.20 V '2 CITY OF TEMECULA PACE 6 I ,4 13:28 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM NUMBER DATE NLINBER NAME DESCRIPTION 21067 11/17/94 000246 PERS (EMPLOYEESw RETIRE 000246 PERS RET 21067 11/17/94 000246 PENS (EMPLOYEESw RETIRE 000246 PERS RET 21067 11/17/94 000246 PENS (EMPLOYEES' RETIRE 000246 PERS RET 21067 11/17/94 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 21067 11/17/94 000246 PENS (EMPLOYEES' RETIRE 000246 PERS RET 21067 11/17/94 000246 PENS (EMPLOYEES~ RETIRE 000246 PERS RET 21067 11/17/94 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVO~ 21067 11/17/94 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVO~ 21067 11/17/94 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 21067 11/17/94 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 21067 11/17/94 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 21067 11/17/94 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 21067 11/17/94 000246 PENS (EMPLOYEES' RETIRE 000246 SURVIVOR 21067 11/17/94 000246 PERS (EMPLOYEES' RETIRE 0002/,6 SURVIVOR 21067 11/17/94 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 21067 11/17/94 000246 PENS (EMPLOYEES# RETIRE 000246 SURVIVOR 21067 11/17/94 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 21067 11/17/94 000246 PERS (EMPLOYEESw RETIRE 000246 SURVIVOR ACCOUNT NUMBER 193-2190 280-2390 300-2390 320*2390 330-2390 340-Z~90 001-2390 100-2190 165-2190 190-2190 191-2190 192 - 2]90 193-2~90 280-2190 300 - 2]90 320-2~90 330-2390 340-2190 21068 11/17/94 000249 PETTY CASH PETTY CASH REIMB. 001-120-~-5225 ^'~8 11/17/94 000249 PETTY CASH PETTY CASH REIMB, 001-163-~-5268 I 11/17/94 000249 PETTY CASH PETTY CASH RE1NB. 2]0-1~9-999-5228 ~8 tl/17/94 000249 PETTY CASH PETTY CASH RE]MB. 001-162-999-5220 21068 11/17/94 000249 PETTY CASH PETTY CASH REIMB. 190-181-999-5301 21068 11/17/94 000249 PETTY CASH PETTY CASH RE1MB. 001-140-99<)-5260 21068 11/17/94 000249 PETTY CASH PETTY CASH REIMB. 001-150-999-5260 21068 11/17/94 000249 PETTY CASH PETTY CASH REINB. 100-16/,-602-5260 21068 11/17/94 000249 PETTY CASH PETTY CASH REIMB. 190-181-999-5301 21068 11/17/94 000249 PETTY CASH PETTY CASH REIMB. 190-183-999-5340 21068 11/17/94 000249 PETTY CASH PETTY CASH REIMB. 190-183-999-5320 21069 11/17/94 000580 PHOTO WORKS 21070 11/17/94 000254 PRESS-ENTERPRISE CONPAN 21071 11/17/94 000981 R H F INC. 21072 11/17/94 000947 RANCHO BELL BLUEPRINT C 21072 11/17/94 000947 RANCHO BELL BLUEPRINT C 21072 11/17/94 000947 RANCHO BELL BLUEPRINT C FILM DEVELOPING*GOLF TSURNANEN RECRUITMENT ADVERTISING REPAIR TO RADAR SYSTEM BLUEPRINTS P~4-03 WINCHESTER BLUEPRINTS P~4-08 PALA RD BLUEPRINT REPRODUCTION P~3-10 WATER SERVICE FOR 9/15-10/17/9 WATER SERVICE FOR 9/15-10/17/9 WATER SERVICE FOR 9/15-10/17/9 CAR WASH & NAINT, FOR LAND DEV CAR WASH & MAINT, FOR C]P CAR WASH & NAINT, FOR B & S CAR WASH & NAINT, CAR WASH & NAINT, 2107'~ 11/17/94 000262 RANCHO CALIFORNIA WATER 2107'~ 11/17/94 000262 NANCHO CALIFORNIA WATER 21073 11/17/94 000262 RANCHO CALIFORNIA WATER 21074 11/17/94 000907 RANCHO CAR WASH 21074 11/17/94 000907 RANCHO CAR WASH 21074 11/17/94 000907 RANCHO CAR WASH 21074 11/17/94 000907 RANCHO CAR WASH 74 11/17/94 000907 RANCHO CAR WASH 190-183-999-5320 001-150-999-5254 001-170-999-5214 210-165-641-5802 210-165-652-5802 210-165-642-5804 190-180-999-5240 191-180-999~5240 193-180-999-5240 001-163-999-5214 001-165-9~9-5214 001-162-999-5214 190-180-999-5214 001-110-999-5214 ITEM AMOUNT 316.46 61.17 106.84 268.21 121.11 301.05 58.88 10.78 .37 12.51 .42 .93 1.44 .19 .46 .93 .93 2.00 25.00 32.33 14.52 40.93 17.23 30.00 4.80 15.00 42.72 20.65 18.67 26.14 94.~ 29.09 19.40 51.72 223.52 86.77 1,380.32 20.00 4.00 12.00 67.85 15.92 CHECK AMOUNT 18,688.30 261.85 26.14 94.44 I00.Zl 1,690.61 119.T/ VOUCHRE2 CITY OF TENECULA ,7 11/17/94 13:28 VOUCHER/CHECK REGISTER FOR ALL PER]OOS VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAHE 21075 11/17/94 000426 RANCHO INDUSTRIAL SUPPL 21075 11/17/94 000426 RANCHO INDUSTRIAL SUPPL 21076 11/17/94 000266 RIGHTWAY 21077 11/17/94 000411 RIVERSIDE CO, FLOOD CON Z1078 11/17/94 000459 RUFF & TUMBLE 21079 11/17/94 000704 S K S, INC/INLAND OIL 21079 11/17/94 000704 S K S, INC/INLAND OIL 21079 11/17/94 000704 S K S, INC/INLAND OIL 21079 11/17/94 000704 S K S, INC/INLAND OIL 21079 11/17/94 000704 S K S, INC/INLAND OIL 21080 11/17/94 001122 SCOTCH PAINT CORPORATIO 21081 11/17/94 000403 SHAWN SCOTT POUL & SPA 21082 11/17/94 SIMENS, ARLENE M. 21083 11/17/94 000285 SIR SPEEDY 21083 11/17/94 000285 SIR SPEEDY 21083 11/17/94 000285 SIR SPEEDY 21084 11/17/94 000519 SOUTH COUNTY PEST CONTR 21084 11/17/94 000519 SOUTH COUNTY PEST CONTR 21084 11/17/94 000519 SOUTH COUNTY PEST CONTR 21085 11/17/94 000537 SOUTHERN CALIF EDISON 21085 11/17/94 000537 SOUTHERN CALIF EDISON 21085 11/17/94 000537 SOUTHERN CALIF EDISON 21085 11/17/94 000537 SOUTHERN CALIF EDISON 21085 11/17/94 000537 SOUTHERN C..~LIF EDISON 21085 11/17/94 000537 SOUTHERN CALIF EDISON 21085 11/17/94 000537 SOUTHERN CALIF EDISON 21085 11/17/94 000537 SOUTHERN CALIF EDISON 21085 11/17/94 000537 SOUTHERN ~LIF EDISON 21085 11/17/94 000537 SOUTHERN CALIF EDISON 21085 11/17/94 000537 SOUTHERN CALIF EDISON 21086 11/17/94 000375 SOUTHERN CALIF TELEPHOR 21086 11/17/94 000375 SOUTHERN C~LIF TELEPHON 21086 11/17/94 000375 SOUTHERN CALIF TELEPHON 21086 11/17/94 000375 SOUTHERN CALIF TELEPHON 21086 11/17/94 000375 SOUTHERN CALIF TELEPHON 21086 11/17/94 000375 SOUTHERN CALIF TELEPHOR 21086 11/17/94 000375 SOUTHERN CALIF TELEPHON 21086 11/17/94 000375 SOUTHERN CALIF TELEPHOR 21086 11/17/94 000375 SOUTHERN CALIF TELEPHON 21086 11/17/94 000375 SOUTHERN CALIF TELEPNON ITEM ACCOUNT ITEM CHECK DESCRIPTION NUMBER AMOUNT AICUNT NISC. SUPPLIES ' SR CENTER MISC SUPPLIES FOR SENION CTR 190-181-999-5212 190-181-999-5212 PORTABLE TOILET FOR CITY YARD 100-164-601-52~8 MISTAKENLY CUT TO THE CITY 001-1990 PAYMENT TO TCSD INSTRUCTOR 190-18]-999-5330 FUEL EXPENSE - CITY VEHICLES FUEL EXPENSE ' CITY VEHICLES FUEL EXPENSE - CITY VEHICLES FUEL EXPENSE - CITY VEH/CLES FUEL EXPENSE - CITY VEHICLES 001-162-999-526~ 001-165-999-5263 001-163-999-5263 100-164-601-526~ 190-180-999-526~ RECYCLE PAINT FOR GRAFFITI REM 100-16~-601-5218 P~L ~INTENANCE SERVICES 190-180-999-5212 REFUND-DUPLICATE APPLICATION 001-199-4056 BUSINESS CARDS FOR MJM,KL,MW BUSINESS CARDS FOR MJM,KL,M~ NUSINESS CARDS FOR MJM,KL,ffi4 100-164-604-5222 190-180-999-5222 001-110-999-5222 PEST CONTROL-CITY HALL PEST CONTROL-OLD CITY HALL PEST CONTROL'SENIOR CENTER 340-199-999-5250 340-199-999-5250 190-181-999-5250 43-77-077-5200-01 8/1-8/31/94 192-180-999-5319 43-77-077-5200-01 8/22-9/30/94 192-180-999-5319 43-7'~-077-5209-03 OEBIT ADJUST 192-180-999-5319 43-77-077-5209-03 9/30-10/31 43-77-077-5600-01 8/1-8/31/94 43-77-077-5600-01 9/1-9/30/94 53-77-800-1403-01 10/3-11/3 53-77-850-2948-01 10/3-11/3 56-77-755-0157-01 10/6-11/5 56-77-755-0169-01 10/6-11/5 192-180-999-5319 191-180-999-5319 191-180-999-5319 191-180-999-5319 191-180-999-5319 191-180-999-5319 191-180-999-5319 ELECT. SERVICE FOR 9/30-10/31/19t-180-999-5319 909 Z02-4204 WE 909 202-4751 TS 909 202-4753 BH 909 202-4754 KH 909 202-4755 CITY VAN 909 202-4756 UNASSIGNED 909 202-4757 JG 909 202-4758 RR 909 202-4759 TE 909 202-4760 JH 320-199-999-5208 100-16~-604-5208 190-180-999-5208 190-180-999-5208 190o180-999-5208 320-199-999-5208 001-120-999-5208 001-100-999-5208 001-162-999-5208 I00-16~-603-5208 67.91 99.29 57.39 200.00 748.80 97.95 50.03 85.78 286.96 99.14 21.55 305.20 35.00 30.00 30.00 93,41 21.00 21.00 29.00 11,898.8(> 20,484.44 28.37 18.73 5,792.47 6,255.43 35.26 45.78 227.97 60.39 1,041.00 36.~4 1.8~ 8.51 7~.72 63.34 36.34 45.14 77.10 46.97 78.10 167.20 57,39 200.00 748.80 619.86 21.55 305.20 35.00 153.41 71.00 45,888.70 V ~2 CITY OF TEMECULA PAGE 8 ~ /4 13:28 VOUCHER/CHECK REGISTER FOR ALL PERIQOS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM NUMBER DATE NUMBER NAME DESCRIPTION 21086 11/17/94 000375 SOUTHERN CALIF TELEPHON 909 202-4761 $M 21086 11/17/94 000375 SOUTHERN CALIF TELEPHON 909 202-4762 RP 21086 11/17/94 000375 SOUTHERN CALIF TELEPHON 909 202-4764 BB 21086 11/17/94 000375 SOUTHERN CALIF TELEPHON 909 202-4765 BB 21086 11/17/94 000375 SOUTHERN CALIF TELEPHON 909 202-4769 JS 21086 11/17/94 000375 SOUTHERN CALIF TELEPBON 909 202-4770 RB 21086 11/17/94 000375 SOUTHERN CALIF TELEPHON 909 202-5153 GY 21086 11/17/94 000375 SOUTHERN CALIF TELEPHON 909 205-4070 MJM 21086 11/17/94 000375 SOUTHERN CALIF TELEPHOR 909-205-7826 GR 21086 11/17/94 000375 SOUTHERN CALIF TELEPHON CELLULAR TELEPHONE 21086 11/17/94 000375 SOUTHERN CALIF TELEPHON BATTERY CNARGER/CORDITiONER 21086 11/17/94 000375 SOUTHERN CALIF TELEPHON BATTERY EXTENDED LIFE 21086 11/17/94 000375 SOUTHERN CALIF TELEPHON POi4ER ADAPTER CORD 21086 11/17/94 000375 SOUTHERN CALIF TELEPHON REPLACEMENT BATTERY 21086 11/17/94 000375 SOUTHERN CALIF TELEPHON TAX 21087 11/17/94 STERN, DiCK 21088 11/17/94 000521 STEWART, BRUCE M. ~q89 11/17/94 001497 T R W ' INFORHATIOR SER SR CNTR HOLIDAY ENTERTAINMENT CONTRACT SERViCE/BRUCE STEMART RDA LOAN CREDIT CHECKS /0 11/17/94 000305 TARGET STORE RECREATION SUPPLIES ACCOUNT NUMBER 001-100-~-5208 001-100-~-5208 100-164-601-5208 100-164-601-5208 001-100-~-5208 001-110-~-5208 001-150-q~-5208 001-110-~-5208 001-140-~-5208 001-100-~-5208 001-100-~99'5208 001-100-999-5208 001-100-~99-5208 001-100-999-5208 001-100-q~-5208 190-181-~-5301 001-162-~-5250 280-199-~-5250 190-181-~-5301 21091 11/17/94 000307 TEMECULA TROPHY CO. BRASS CARD CASES CUMMISS%ONERS 001-100-999-5265 21091 11/17/94 000307 TEMECULA TROPHY CO. ENGRAVING 001-100-999-5265 21091 11/17/94 000307 TEMECULA TROPHY CO. TAX 001-100-999-5265 21091 11/17/94 000307 TEMECULA TROPHY CO. TROPHIES 190-182°999-5301 TCSD MAINTENANCE AND REPAIR PARK FACiLiTY MAINT/REPAIR REFUND SECURITY DEPOSIT REFUND SECURITY DEPOSIT SOUND FOR HAUNTED HOUSE 21092 11/17/94 000306 TEMECULA VALLEY PIPE & 21092 11/17/94 000306 TENECULA VALLEY PIPE & 21093 11/17/94 THO~ASo HOWARD 21093 11/17/94 THONASo HO~JARD 21094 11/17/94 000668 TIMMY D. PROUUCTXONS 21095 11/17/94 001065 U S C M/PEBSCO (DEF. C 001065 DEF CUMP 21095 11/17/94 001065 U S C M/PEBSCO (DEF. C 001065 DEF CONP 21095 11/17/94 001065 U S C M/PEBBCO (DEF. C 001065 DEF CUMP 21095 11/17/94 001065 U S C M/PEBSCO (DEF. C 001065 DEF CONP 21095 11/17/94 001065 U S C M/PEBSCO (DEF. C 001065 DEF CUMP 21095 11/17/94 001065 U S C M/PEBSCO (DEF. C 001065 DEF CUMP 21096 11/17/94 000389 U S C N/PEBSCO (OBRA) 000389 PT RETIR 21096 11/17/94 000389 U S C N/PEBSCO (OBRA) 000389 PT RET[R 21096 11/17/94 000389 U S C N/PEBSCO (ONRA) 000389 PT RETIR 1~H)-180-999-5212 190-180-g99-5212 190-183-4g~0 190-2900 190-183-999-5570 001-2080 100-2080 190-2080 300-2080 320-2080 340-2080 001-2160 100-2160 190-2160 Z1097 11/17/94 001565 U S I LAMINATION POUCHES LTR SIZE 330-199-999-5220 97 11/17/94 001565 U S I FREIGHT 330-199-999-5220 ~7 11/17/94 001565 U S I TAX 330-199-999-5220 ITEM AMOUNT 196.35 88.71 88.96 50.45 49.7'9 58.03 67.65 150.86 41.95 150.00 49.00 67.00 25.00 48.00 26.27 100.00 ]90.00 50,00 96,94 263.25 132.00 30.64 101.61 128.44 131.56 30.00 100.00 125.00 2,448.90 188.44 271.50 4.99 312,50 50.00 289.44 100.50 322.20 60.22 11.79 4.67 CHECK AMOUNT 1,631.42 100.00 390.00 50.00 96.94 527.50 280.00 130.00 125.00 3,276.33 712.14 VOUCHRE2 CITY OF TEMECULA 9 11/17/94 13:28 VOUCHER/CHECK REGISTER FOR ALL PER[DOS VOUCHER/ CHECK NUMBER 21098 21098 21098 21098 21099 Z1099 21099 21099 21099 21100 21101 21102 CHECK VENDOR VENDOR ITEM DATE NUMBER NAME DESCRIPTION 11/17/94 11/17/94 11/17/94 11/17/94 11/17/94 11/17/94 11/17/94 11/17/94 11/17/94 11/17/94 11/17/94 11/17/94 000325 UNITED WAY OF THE INLAN 000325 UW 000325 UNITED UAY OF THE INLAN 000325 UW 000325 UNITED WAY OF THE INLAN 000325 UU 000325 UNITED UAY OF THE INLAB 000325 tJU 000326 UNITOG RENTAL SERVICE 000326 UNITOG RENTAL SERVICE 000326 UNITOG RENTAL SERVICE 000326 UNITOG RENTAL SERVICE 000326 UNITOG RENTAL SERVICE 000339 WEST PUBLISHING COMPANY 000345 XEROX CORPORATION BILL[ 000348 ZIGLER, GAIL ACCOUNT NUMBER 001-2120 100-2120 190-2120 280-2120 UNIFORMS NAINT. FOR PW I00-16~-601-5243 UNIFORM MAINTENANCE FOR TCSO 190-180-999-5243 UNIFORM MAINTENANCE FOR TCSD 190-180-999-5243 FLOOR MAT RENT/CLEAN-CITY HALL 340-199-999-5250 FLOOR MAT RENTAL/CLEAN-SR CNT 190-181-999-5250 PUBLICATION CA CD AN V57A&58 001-120-999-5228 METER USAGE AT .O065/COPY $30-199-999-5239 8 CENTERPIECES FOR CONFERENCE 001-100-999-5258 ITEM AMOUNT 63.84 10.06 17.00 ,60 23.00 16.35 16.35 30.75 16.75 46.35 1,114.76 64.00 CHECK AMOUNT 91.50 103.20 46.35 1,114.76 64.00 TOTAL CHECKS 153,823,86 Vr ? CITY OF TEMECULA PAGE 1', ~ 15:45 VOUCHER/CHECK REGISTER FO~ ALL PERInnS FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 165 RDA DEV- LCN/Nnn SET ASIDE 190 COHNUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 193 TCSD SERVICE LEVEL C 210 CAPITAL IHPROVEHENT PROJ FUND 220 HARGARITA ROAD REINB DIST REDEVELOPNENT AGENCY - CIP INSURANCE FUND 330 SUPPORT SERVICES TCSD DEBT SERVICE ANOUNT 47,052.27 16,324.83 5,241.17 23,933.~7 474.97 16,268.86 126,469.53 12,751.09 139#~8.74 2~179.00 1o002.08 2~441.29 TOTAL 393,807.60 VOUCHRE2 CITY OF TEMECULA 1 11/17/94 15:45 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VCXJCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 21106 11/29/94 21107 11/29/94 21108 11/29/94 21108 11/29/94 21108 11/29/94 21109 11/29/94 21109 11/29/94 21109 11/29/94 21109 11/29/94 21110 11/29/94 21110 11/29/94 21110 11/29/94 21110 11/29/94 21110 11/29/94 21110 11/29/94 21110 11/29/94 21110 11/29/94 21110 11/29/94 21111 11/29/94 21111 11/29/94 21112 11/29/94 21112 11/29/94 21113 11/29/94 21113 11/29/94 21114 11/29/94 21114 11/29/94 21114 11/29/94 21115 11/29/94 21116 11/29/94 21117 11/29/94 21118 11/29/94 21119 11/29/94 21119 11/29/94 21120 11/29/94 21121 11/29/94 VENDOR ITEM ACCOONT N~J4E DESCRIPTION NUMBER 001044 BAILY VINEYARD & WINERY DINNER FOR SISTER CITY 001-100-999-5Z58 001168 BANK OF AMERICA ADMIN FEES/TCSD PROJ SERIES 92 390-199-999-5227 001516 BARTON-ASCHMAN ASSOCIAT 001516 BARTON*ABCHMAN ASSOCIAT 001516 BARTON-ASCHMAN ASSOCIAT OLD TOWN TEMECULA TRAFFIC STUD 280-199-999-5248 OLD TOWN TEMECULA TIL~FFIC STUD 280-199-999-5248 OLD TOWN TEMECULA TRAFFIC STUD 280-1270 000126 CALIFORNIA LANDSCAPE HA 000126 CALIFORNIA LANDSCAPE HA 000126 CALIFORNIA LANDSCAPE HA 000126 CALIFORNIA LANDSCAPE HA LANDSCAPE MAINTENANCE AT C.R.C 190-182-999-5415 MEDIAN SERVICE AREA 191-180-999-5415 NEIGNBORHO00 PARK NAINT 190-180-999-5415 LANOSCAPE MAINT/SENIOR CNTR 190-181-999-5415 000447 COMTRONIX OF HENET 000447 CONTRORIX OF HENET 000447 CONTRORIX OF HENET 000447 COMTRONIX OF HENET 000447 COMTRONIX OF HENET 000447 COMTRONIX OF HENET 000447 COMTRONIX OF HENET 000447 CONTRONIX OF HEMET 000447 CONTRONIX OF HEMET RADIOS MAINT CONTRACT 11/1-4/3 RADIOS MAINT CONTRACT 11/1-4/3 RADIOS MAINT CONTRACT 11/1-4/S RADIOS HAINT CONTRACT 11/1-4/3 RADIOS MAINT CONTRACT 11/1-4/3 RADIOS HAINT CONTRACT 11/1-4/3 RADIOS HAINT CONTRACT 11/1-4/~ RADIOS HAINT CONTRACT 11/1-4/3 RADIOS HAINT CONTRACT 11/1-4/3 001-100-999-5250 001-171-999-5215 001-170-999-5215 100-164-604-5250 100-164-601-5250 001-16~-999-5Z50 001-165-999-5250 001-162-999-5250 190-180-999-5250 001380 E S I EMPLOYMENT SERVIC PROF. SERVICES FOR OCTOBER 94 001-162-~9-5250 001380 E S I EMPLOYMENT SERVIC PO IS FULLY UTILIZED 001-162-999-5250 000754 ELLIOTT GROUP, THE 000754 ELLIOTT GROUP, THE LANDSCAPE REVIEWS LANDSCAPE REVIEWS 001-161-999-5250 001-161-999-5250 000164 ESGIL CORPORATION 000164 ESGIL CORPORATION PLAN CHECK SERVICES-SEPT 94 001-162-999-5248 INCORRECTLY BILLED PC#94-2013 001-162-999-5248 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE PYNT REDUCTION-WORK NOT DONE SLOPE MAINT FOR NOV. 94 SPTS PRK HAINT FOR NOV 94 193-180-999-5415 193-180-999-5415 190-180-999-5415 000202 J F DAVIDSON ASSOCIATES DESIGN SPRTS PARK FOR OCT 94 210-190-137-5802 001192 K L M ENGINEERING FRONT ST CURB & GUTTER REPAIR 100-164-601-5402 001349 KANE, BALLHER & BERKHAN PROF. SERVICES FOR OCTOBER 94 280-199-999-5246 001637 KICAK AND ASSOCIATES INTERIM PW DIR THRU 11/4 100-164-604-5250 001567 MALEK GENERAL CONTRACTO CONSTRUCTION DRAW-OCTOBER 94 210-190-136-5804 001567 MALEK GENERAL CONTRACTO RETENTION-INV. 003 210-2035 000217 HARDARITA OFFICIALS ASS SOFTBALL OFFICIALS FEES 190-183-999-5380 001574 MARGARITA VILLAGE RET C RETENTION PMT FOR HARG VILLAGE 220-165-610-5804 ITEM AMOUNT 2,413.60 2,441.29 1,859.99 5,000.00 6,859.99 1,619.00 474.97 12,471.36 175.00 CHECK AMOUNT 2~415.60 2,441.29 13,719.98 14,740.33 168.00 252.00 474.00 292.50 544.50 195.00 97.50 753,00 474.00 ? ~0 6,039.D0 4,082.00- 1,957.00 1,615.00 3,665.00 5,280.00 21,175.16 83.20- 21,091.96 1,112.40' 17,381.26 6,877.81 2,266.48 2,411.92 2,895.60 6,400.00 16,851.22 1,685.12- 2,316.60 12,751.09 23,146.67 2,266.48 2,411.92 2,895.60 6,400.00 15,166.10 2,316.60 12 q9 Vr '2 CITY OF TEMECULA PAGE 2 1 4 15:45 VOUCHER/CHECK REGISTER VOUCHER/ CHECK NUMBER 21122 21122 21123 21124 21124 21125 21125 21126 21126 21127 21127 21127 21127 21128 21130 21130 21130 21131 21132 21132 CHECK DATE 11/29/94 11/29/94 11/29/94 11/29/94 11/29194 11/29/94 11/29/94 11/29/94 11/29/94 11/29/94 11/29/94 11/29/94 11/29/94 11/29/94 11/29/94 11/29/94 11/29/94 11/29/94 11/29/94 11/29/94 11/29/94 11/29/94 VENDOR NUMBER 001207 001207 000883 000240 000240 001383 001383 001264 001264 0007~ 000793 000793 000793 000285 000285 001660 000332 000332 000332 000539 000345 000345 VENDOR ITEM NAME DESCRIPTION HARTIN d. JASKA, INC. HARTIN J. JASXA, INC. MONTELEONE EXCAVATING SERV[CE FROM 9/30-10/31/94 RETENTION-DNj~W 003 MOVING MATERIAL STOCKPILES ORANGE COUNTY STRIPING REMOVE 81 DIKE LANE lIARKINGS ORANGE COUNTY STRIPING ROAD 8TRIPING-DIAZ ROAD P N W ASSOCIATES P N W ASSOCIATES EXTEND CONTRACT THRU 7/31195. EXTEND CONTP. ACT THRU 7/31/95. PRICE COSTCO PRICE COSTCO 1ST YR PNT PER OWNER PART]C]PA 1ST YR PNT PER INNER PART/C/PA SCANTRON CORPORATION SCANTRON CORPORATION SCANTRON CORPORATION SCANTRON CORPORATION INSPECT]ON REQEST FORMS ~L~NDLING CHARGES FREIGHT TAX ACCOUNT NUMBER 210-190-1Z0-5804 210-2035 210-190-120-5804 100-164-601-5410 100-164-602-5410 165-1~-~-5248 280-1~9-9~-5248 280-1~9-~-5276 280-2030 001-162-~-5222 001-162-~-5ZZ2 001-162-999-5222 001-162-~-5222 SIR SPEEDY BUSINESS LICENSE CERTIFICATES 001-140-~99-5222 SIR SPEEDY TAX 001-140-~-5222 STEIN, JONATHAN A., ESQ NURR CRK LITIGATION COPY REIMB VANDORPE CHOU ASSOCIATI PLAN CHECK SERVICES-SEPT 1994 VANDORPE CHOU ASSOCIATI PLAN CHECK SERVICES VANDORPE CHOU ASSOCIATI PLAN CHECK SERVICES-OCTOBER 94 WIMMER YAMADA ASSOCIATE RESTROOM & SE~R DESIGN XEROX CORPORATION BILLI XEROX 5100 TONER (DRY INK) XEROX CORPORATION BILLI TAX 300-199-999-5207 001-162-999-5248 001-162-999-5248 001-162-~9-5248 210-190-120-5802 330-199-999-5220 330-199-999-5220 ITEM AMOUNT 118,000.00 11,800.00- 1,000.00 2,430.00 4,245.91 5,241.17 5,241.16 7,430.96 110,381.04 1,434.97 3.20 41.03 111.46 1,130.93 87.65 2,17~.00 1,419.26 5,415.88 4,725.83 1,836.95 930.00 72.08 CHECK AMOUNT 106,200.00 1,000.00 6,675.91 10,482.33 117,812.00 1,590.66 1,218.58 2,179.00 11,560.97 1,8~6.95 1,002.08 TOTAL CHECKS 393,807,60 PRESENTATIONS/ PROCLAMATIONS NEW BUSINESS Presentations to Councilmember Birdsall Temecula Town Association Riverside County Fire Department Temecula Police Department Joan Sparkman & Ron Sullivan on behalf of Senator Marian Bergeson Aggie Goodacre on behalf of Congressman Ken Calvert Mayor Roberts on behalf of the City Council A. Resolution Certifvino Election Results RECOMMENDATION: A.1 Adopt a resolution entitled: RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER B, 1994, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW A.2 Administration of Oath of Office. PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Council 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. ITEM 8 ITEM 4 APPROVA~ CITY ATTORNEY FINANCE OFFI CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Genie Roberts, Interim Finance Officer November 29, 1994 Combining Balance Sheets as of September 30, 1994 and the Statement of Revenues, Expenditures and Changes in Fund Balance, and the Statement of Revenues, Expenses and Changes in Retained Earnings for the Three Months Ended September 30, 1994. PREPARED BY: ;/~'~Tim McDermott, Interim Chief Accountant RECOMMENDATION: That the City Council: Receive and file the Combining Balance Sheets as of September 30, 1994 and the Statement of Revenues, Expenditures and Changes in Fund Balance, and the Statement of Revenues, Expenses and Changes in Retained Earnings for the Three Months Ended September 30, 1994. Appropriate $45,000 to Building & Safety Department account 001-162-999-5248 "Consulting Services". DISCUSSION: The attached financial statements reflect the unaudited activity of the City for the three months ended September 30, 1994. Please see the attached financial statements for analytical review of financial activity. e The Building and Safety Department has experienced an unexpected increase in plan check activity since the beginning of the 1994-95 fiscal year. This increase in activity is compounded by the International Rectifier project. As such, the consulting services line item has been heavily impacted. The amount paid to outside consultants for plan check services is directly related to the revenue received for plan check services. Therefore, an additional appropriation in the amount of $45,000is necessary to cover the cost of plan review services for the remainder of the fiscal year. FISCAL IMPACT: As is reflected by the attached financial statements, adequate General Fund reserves are available at September 30, 1994 for the $45,000 additional appropriation being requested. ATTACHMENTS: Combining Balance Sheet as of September 30, 1994 Statement of Revenues, Expenditures and Changes in Fund Balance for the Three Months Ended September 30, 1994 Combining Balance Sheet (Internal Service Funds) as of September 30, 1994 Statement of Revenues, Expenses and Changes in Retained Earnings for the Three Months Ended September 30, 1994 ITEM 5 APPROVAL CITY ATTORNEY I TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Interim Director of Public Works/City Engineer November 29, 1994 Agreement - City of Temecula/Eastern Municipal Water District for Construction of Sanitary Sewer - Solana - I-15 RECOMMENDATION: That the City Council approve the attached agreement, authorize the Mayor to sign it and direct the City Clerk to forward the executed agreement to Eastern Municipal Water District (EMWD). BACKGROUND: At their regular meeting of October 18, 1994, City Council authorized the Mayor to sign an agreement between the City of Temecula and EMWD in the form of a letter and based on the staff report which described obligation of each agency with respect to completion of the project. A copy of the staff report and the agreement letter as approved by the City Council at that meeting is attached. Subsequently, I requested that the Conditions of Approval of the agreement as outlined in my staff report be incorporated into a formal agreement. Such formal agreement was prepared by EMWD, presented to and approved by the Board of Directors at their regular meeting of November 16, 1994. This agreement is being presented to this City Council for your formal approval. FISCAL IMPACT: CFD No. 88-12 has allocated funds for several projects in that district. Sanitary sewers discussed herein is one of these projects. Sufficient funds are available through CFD 88-12 budget to provide the required $307,285.00 for the project. CFD 88-12 Sanitary Sewer budget originally was $246,000, Balance is made up from the savings from Landscaping Project. Therefore, adequate funding is available for the total project costs. r:\agdrpt\94\1129~emwdagr.ss 11/17 skg k- s 7/4/ November 16, 1994 TO: Board of Directors FROM: General Manager SUBJECT: Approve and Authorize an Agreement between the City of Temecula and Eastern Municipal Water District Regarding Solana Way Sewer Installation BACKGROUND In 1989, the Riverside County Supervisors approvedthe formation of CFD No. 88-12 to provide for the construction of public facilities including certain sewer pipelines. On April 1, 1992, a Joint Financing and Acquisition Agreement was executed with the District which specified the details associated with the acquisition and construction of said sewer pipelines. The facilities to be constructed under the agreement have not all been built, and capacity in an existing 8-inch sewer pipeline south of Solana Way is now exceeded. The City of Temecula has requested the District to prepare the plans and construct the CFD No. 88-12 sanitary sewer system from Ynez Road and Solana Way westerly under 1-15 as shown on the map displayed. As provided for in the Joint Financing and Acquisition Agreement, the City has certain responsibilities associated with the design and construction of the District facilities which they are desirous of delegating to the District. Specifically, the District will: Design the project, either by attaining the services of an outside engineering firm or utilizing District staff; solicit bids, award and administer construction contracts; and obtain required permits, easements or right-of-ways. The District has prepared cost estimates to design and construct the facilities for the minimum required 15-inch diameter sewer pipeline and a 24-inch master-planned sewer pipeline. The estimated cost for the 15-inch sewer pipeline is $294,000.00 and $359,000.00 for the 24-inch sewer pipeline. Should the District elect to construct the 24-inch master-planned pipeline, the District will pay for the oversizing. Mail To: Post Office Box 8300 · SanJacimo, California 92581-8300 · Telephone (909) 925-7676 · Fax (909) 929-0257 Main Office: 2045 S. San Jadnto Avenue, San Jacinto · Customer Service/Engineering Annex: 440 E. Oakland Avenue, Hemet, CA Board of Directors November 16, 1994 Page 2 CFD No. 88-12 has a budget allocation of $307,285.00 for the design and construction of the 15-inch sewer pipeline. It is anticipated this sum will meet all costs associated with design and construction of the 15-inch sewer pipeline. Any additional funding required for the 24-inch oversizing or project overruns will be paid by the District. This project is needed by the District to alleviate pressure on the existing s-inch sewer pipeline and allow for continued development east of the 1-15 in the Temecula area. RECOMMENDATION In view of the foregoing, I wish to recommend that your Honorable Board, by Minute Order, approve and authorize the: General Manager to execute an agreement between the City of Temecula and the District; and Appropriation of $52,000.00 to cover the estimated costs of oversizing the proposed sewer pipeline from Improvement District No. U-8 (Rancho California) Construction Funds. Respect fully, hn B Brudin Manager Attachments Financ~_~ urchasing/con=racte~J, . ~ Prepared by: "'~oite Rugge Acting Assistant General Manager, Engineering JOp:slh wp21_solana AGREEMENT RELATIVE TO THE CONSTRUCTION OF SOLANA WAY RELIEF SEWERLINE This Agreement is made and entered into this day of , 199__, by and between EASTERNMUNICIPAL WATER DISTRICT, a public agency organized and existing pursuant to Division 20 of the California Water Code (hereinafter "EMWD") and the CITY OF TEMECULA, an incorporated municipality (hereinafter "City"). RECITALS WHEREAS, the Board of Supervisors of the County of Riverside adopted Resolution No. 89-449 on September 26, 1989 completing proceedings for the formation of CFD No. 88-12 to provide financing for the acquisition or construction of certain public facilities which include certain sewer facilities (hereinafter EMWD Facilities) to be owned and maintained by EMWD. WHEREAS, in November of 1989 the registered voters living within the proposed boundaries of the City of Temecula voted to incorporate and the following year adopted a resolution authorizing bonded indebtedness for the acquisition or construction of the CFD No. 88-12 public facilities. WHEREAS, Tomond Properties constructed certain of the EMWD Facilities that subsequently were acquired through the sale of the CFD No. 88-12 bonds. WHEREAS, on April 1, 1992, a Joint Financing and Acquisition Agreement was executed among Community Facilities District No. 88-12 of the County of Riverside, Eastern Municipal Water District, the City of Temecula and Tomond Properties setting forth the details associated with the acquisition and construction of the EMWD Facilities. WHEREAS, the EMWD Facilities to be constructed under the April 1, 1992 Joint Financing and Acquisition Agreement have not been built and capacity in the existing 8" sewer pipeline south of Solana Way is now exceeded. WHEREAS, since time is of the essence, City has requested EMWD to prepare the plans and construct the CFD No. 88-12 sanitary sewer system from Ynez Road and Solana Way westerly under 1-15 as shown on the map attached hereto and incorporated herein as Exhibit A. NOW, THEREFORE, in consideration of the above recited premises together with the mutual covenants herein contained, the parties hereto agree as follows: Page 1 DeleGation of Citv's Responsibilities. As provided for in the Joint Financing and Acquisition Agreement, City has certain responsibilities associated with the design and construction of the EMWD Facilities which City hereby delegates to EMWD: Pro~ect DesiGn. EMWD shall retain the services of a registered and licensed civil engineering firm(s) to design and prepare detailed bid documents, construction plans and specifications for the EMWD Facilities to be constructed. Solicitation of Bids, Award and Administration of Construction Contracts. All contracts for the construction of said EMWDFacilities, including, but not limited to, staking, inspection, surveying and compaction testing, shall be solicited, awarded and administered by EMWD as a public works project consistent with the applicable sections of the California Public Contracts Code. State HiGhwav and Citv Road Department Construction and ODerate and Maintain Permits. EMW]D shall be responsible for obtaining a construction permit from the appropriate governmental agency covering the construction and installation of the EMWD Facilities. All costs associated with acquiring the permits shall be reimbursed to EMWD by CFD No. 88-12. Easements and Ri~hts-of-WaVs. EMWD shall be responsible to acquire any easements and rights-of-ways necessary for those portions, if any, of the EMW1DFacilities which are to be constructed within and across private property. All costs associated with acquiring easements and rights- of-ways shall be reimbursed to EMWD by CFD No. 88-12. Construction Cost Estimates. EMWD has prepared cost estimates, attached hereto as Exhibits B-1 and B-2, to design and construct the EMWD Facilities for the minimum required 15-inch diameter pipeline ($294,000) and a 24-inch oversized diameter pipeline ($359,000) that will ultimately be required to provide service for the tributary area. Bid ODtions. EMWD shall solicit and receive alternate bids for the 15-inch minimum and 24-inch master planned pipeline. Costs to be Paid by EMWD/CFD No. 88-12. Should EMWDdecide to construct the 24-inch master planned pipeline, EMWD will pay CFD No. 88-12 an amount equal to the difference in cost of oversizing the system from !5-inches to the 24-inches based on the alternate bids received from the lowest responsible Page 2 bidder. CFD No. 88-12 has allocated funds in the amount of $307,285 for the design and construction of the minimum required 15-inch diameter pipeline. This amount includes, but may not be limited to, construction and engineering costs, plan check fees, construction management, inspection fees, administrative costs, surveys, and soils testing. Notwithstanding the above, EMWD agrees to pay all project costs in excess of CFD No. 88-12's $307,285 available funding plus EMWD's oversizing contribution, if relevant. Captions. Captions are for convenience purposes only and are not part of this Agreement. Severability. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, such portion shall be deemed severed from this Agreement and the remaining parts shall remain in full force and effect. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. Entire A~reement. This Agreement contains the entire agreement between the parties with respect to the matters provided herein. All other provisions of the April 1, 1992, a Joint Financing and Acquisition Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. EASTERN MUNICIPAL WATER DISTRICT ATTEST: By: Mary C. White, Secretary John B. Dated: Brudin, General Manager ATTEST: CITY OF TEMECULA By: Dated: Mayor Page 3 October 4, 1994 Sol.-n Wa Relief Sewerline ~st Es~m~te ENGINEERING/ADMINISTRATIC~I & CONSTRUCT.SERVICES 1. 800 LF of15" PVC sewer pipeline @ $40.00/ft ...... $32,000.00 2. 3- 48" DIA. manhole @ $1,800~00/ea ................ $ 5,400.00 3. Ties into existing two manhole @ $1,500.00/ea ..... $ 3,000.00 4. Rechannel existing two manholes @ $1,900.00/ea .... $ 3,800.00 5. B & J 350 LF of 36" steel casing @ $360.00/ft .... $126,000.00 6. T.v. Sewer @ $0.50/ft ............................. $ 375.00 7. Min. 370 ft X 30 ft easement ...................... $18,000.00 8. Bore Pits at lump sum price of .................... $20,000.00 SUB-TOTAL $209,000.00 5% CONTINGENCIES $11,000.00 $74,000.00 TOTAL $294,000.00 EXHIBIT B-1 Wa Rel ee Se e:l ue October 4, 1994 1. 800 LF of 24" PVC sewer pipeline @ $65.00/ft ...... $52,000.00 2. 3- 48" DIA. manhole @ $1,800r00/ea ................ $ 5,400.00 3- Ties into existing two manhole @ $1,500.00/ea ..... $ 3,000.00 4. Rechannel existing two manholes @ $1,900.00/ea .... $ 3,800.00 5. B & J 350 LF of 48" steel casing @ $480.00/ft .... $168,000.00 6. T.v. Sewer @ $0.50/ft ............................. $ 375.00 7. Min. 370 ft X 30 ft easement ...................... $18,000.00 8. Bore Pits @ lump sum price of ..................... $20,000.00 SUB-TOTAL 5% CONTINGENCIES ENGINEERING/ADMINISTRATION/CONSTRUCT. SERVICES $271,000.00 $14,000.00 $74,000.00 $359,000.00 EXHIBIT B-2 AGREEMENT RELATIVE TO THE CONSTRUCTION OF SOLANA WAY RELIEF SEWERLIE This Agreement is made and entered into this day of , 199__, by and between EASTER/qMUNICIPAL WATER DISTRICT, a public agency organized and existing pursuant to Division 20 of the California Water Code (hereinafter "EMWD") and the CITY OF TEMECDIa~, an incorporated municipality (hereinafter "City"). RECITALS WHEREAS, the Board of Supervisors of the County of Riverside adopted Resolution No. 89-449 on September 26, 1989 completing proceedings for the formation of CFD No. 88-12 to provide financing for the acquisition or construction of certain public facilities which include certain sewer facilities (hereinafter EMWD Facilities} to be owned and maintained by EMWD. WHEREAS, in November of 1989 the registered voters living within the proposed boundaries of the City of Temecula voted to incorporate and the following year adopted a resolution authorizing bonded indebtedness for the acquisition or construction of the CFD No. 88-12 public facilities. WHEREAS, Tomond Properties constructed certain of the EMWD Facilities that subsequently were acquired through the sale of the CFD No. 88-12 bonds. WHEREAS, on April 1, 1992, a Joint Financing and Acquisition Agreement was executed among Community Facilities District No. 88-12 of the County of Riverside, Eastern Municipal Water District, the City of Temecula and Tomond Properties setting forth the details associated with the acquisition and construction of the EMWD Facilities. WHEREAS, the EMWD Facilities to be constructed under the April 1, 1992 Joint Financing and Acquisition Agreement have not been built and capacity in the existing 8" sewer pipeline south of Solana Way is now exceeded. WHEREAS, since time is of the essence, City has requested EMWD to prepare the plans and construct the CFD No. 88-12 sanitary sewer system from Ynez Road and Solana Way westerly under 1-15 as shown on the map attached hereto and incorporated herein as Exhibit A. NOW, THEREFORE, in consideration of the together with the mutual covenants herein hereto agree as follows: above recited premises contained, the parties Page 1 A~REEMENT DeleGation of Citv's ResPonsibilities. As provided for in the Joint Financing and Acquisition Agreement, City has certain responsibilities associated with the design and construction of the EMWD Facilities which City hereby delegates to EMWD: Proiect DesiGn. EMWD shall retain the services of a registered and licensed civil engineering firm(s) to design and prepare detailed bid documents, construction plans and specifications for the EbTWD Facilities to be constructed. Solicitation of Bids, Award and Administration of Construction Contracts. All contracts for the construction of said EMWDFacilities, including, but not limited to, staking, inspection, surveying and compaction testing, shall be solicited, awarded and administered by EMWD as a public works project consistent with the applicable sections of the California Public Contracts Code. State HiGhway and City Road Department Construction and Operate and Maintain Permits. EMWD shall be responsible for obtaining a construction permit from the appropriate governmental agency covering the construction and installation of the EMWD Facilities. All costs associated with acquiring the permits shall be reimbursed to EMWD by CFD No. 88-12. Easements and RiGhts-of-Ways. EMWD shall be responsible to acquire any easements and rights-of-ways necessary for those portions, if any, of the EMWD Facilities which are to be constructed within and across private property. All costs associated with acquiring easements and rights- of-ways shall be reimbursed to EMWD by CFD No. 88-12. Construction Cost Estimates. EMWD has prepared cost estimates, attached hereto as Exhibits B-1 and B-2, to design and construct the EMWD Facilities for the minimum required 15-inch diameter pipeline ($294,000) and a 24-inch oversized diameter pipeline ($359,000) that will ultimately be required to provide service for the tributary area. Bid ODtions. EMWD shall solicit and receive alternate bids for the 15-inch minimum and 24-inch master planned pipeline. Costs to be Paid bv EMWD/CFD No. 88-12. Should EMWD decide to construct the 24-inch master planned pipeline, EMWD will pay CFD No. 88-12 an amount equal to the difference in cost of oversizing the system from 15-inches to the 24-inches based on the alternate bids received from the lowest- responsible Page 2 bidder. CFD No. 88-12 has allocated funds in the amount of $307,285 for the design and construction of the minimum required 15-inch diameter pipeline. This amount includes, but may not be limited to, construction and engineering costs, plan check fees, construction management, inspection fees, administrative costs, surveys, and soils testing. Notwithstanding the above, EMWD agrees to pay all project costs in excess of CFD No. 88-12's $307,285 available funding plus EMWD's oversizing contribution, if relevant. Captions. Captions are for convenience purposes only and are not part of this Agreement. Severability. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, such portion shall be deemed severed from this Agreement and the remaining parts shall remain in full force and effect. Successors and Assiqns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. Entire Aqreement. This Agreement contains the entire agreement between the parties with respect to the matters provided herein. All other provisions of the April 1, 1992, a Joint Financing and Acquisition Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. EASTERN MUNICIPAL WATER DISTRICT ATTEST: By: Mary C. White, Secretary John B. Brudin, Dated: General Manager ATTEST: CITY OF TEMECULA By: Dated: , Mayor Page 3 // sswe~l October 4, 1994 Solaria Wa Relief Sewerline ~aVos~ Estimate 1. 800 LF of15" PVC sewer pip@line @ $40.00/ft ...... $32,000.00 2. 3- 48" DIA. manhole @ $1,800~00/ea ................ $ 5,400.00 3. Ties into existing two manhole @ $1,500.00/ea ..... $ 3,000.00 4. Rechannel existing two manholes @ $1,900.00/ea .... $ 3,800.00 5. B & J 350 LF of 36" steel casing @ $360.00/ft .... $126,000.00 6. T.v. Sewer @ $0.50/ft ............................. $ 375.00 7. Min. 370 ft X 30 ft easement ...................... $18,000.00 8. Bore Pits at lump sum price of .................... $20,000.00 ENGINEERING/ADMINISTRATI~4 & CONSTRUCT.SERVICES SUB-TOTAL $209,000.00 5% CONTINGENCIES $11,000.00 $74,000.00 TOTAL $294,000.00 EXHIBIT B-1 Sol~-~ Way Relief Sewerline Cost ~-s~imate October 4, 1994 1. 800 LF of 24" PVC sewer pipeline @ $65.00/ft ...... $52,000.00 2. 3- 48" DIA. manhole @ $1,800~00/ea ................ $ 5,400.00 3. Ties into existing two manhole @ $1,500.00/ea ..... $ 3,000.00 4. Rechannel existing two manholes @ $1,900.00/ea .... $ 3,800.00 5. B & J 350 LF of 48" steel casing @ $480.00/ft .... $168,000.00 6. T.v. Sewer @ $0.50/ft ........................ $ 375.00 7. Min. 370 ft X 30 ft easement ...................... $18,000.00 8. Bore Pits @ lump sum price of ..................... $20,000.00 SUB-TOTAL 5% CONTINGENCIES ENGINR~F-~/NG/ADMINISTRATION/CONSTRUCT. SERVICES TOTAL $271,000.00 $14,000.00 $74,000.00 $359,000.00 EXHIBIT 8-2 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kiosk, Interim Director of Public Works/City Engineer October 18, 1994 Sanitary Sewer - Solarm Way/I-15 Crossing RECOMMENDATION: That the City Council authorize the Mayor to sign an agreement authorizing Eastern Municipal Water Distric~ (EMWO) to proceed with design and constTuction of Solarm Way/I-15 Sewer Pipeline Crossing. BACKGROUND: On April 1, 1992, CFD NO. 88-12, Eastern Municipal Water District, Tomond Properties, a California general partnership, and the City of Ternsouls entered into an agreement to construct a sanitary sewer system, from Ynez Road and Solaria Way westerly under I-15, to 13rovide service to that area. The capacity in the existing 8" sewer line, south of Solarm Way, is now exceeded. The minimum line required to provide capacity for CFD No. 88-12 in that area is 15" diameter. EMWD's master plan of sewers indicates that 24" diameter will be ultimately required to provide service to that tributary area. EMWD has proposed the following: 1. That EMWD would design or have designed by others the system described. That EMWD would review plans prepared by others and process the plans for review end permits through Caitrens for the 1-215 crossing, -1- r:igtlrptW4~1018~eewer h,astern IVAunicipal ~ ar~r District Redwine Iml She,ll Chester C. ~ Rogers M. ~ox Mr. Joe Keysack Acting Director of Public Works crrY OF TEMECULA 43174 Business Park Drive Temccula, CA 92590 October 7, 1994 Ik4mW~V. As~leV Ibdem'D. Siems IIk~ed R. M Ik4e~ C. White Dear Mr. Keysack: SIrEJECT: CFD 88-12, Selana Waya-lS Sewer Pipellne Cros~inE In response to MAr. Tim D. Serlet's August 16, 1994, letter requesting our District W prepare the plans and conslruct the sewer pipeline crossing the 1-15 freeway at Solana Way, we have prepared an estimate to design and construct a 1S-inch {minimum required) or a 24-inch {master planned) sewer pipeline. Thc estimated cost to build the minimum required IS-inch sewer pipeline (w relieve the 8-inch sewer pipeline south of Solana Way) is $294,000.00, and the estimated cost w build the master pined sewer pipeline at this location is $359,000.00. Wc propose to receive altcrnate bids for the 15-inch and 2d--inch pipelines. We prefer to build the 24-inch master phnned pipeline and would participate in the cost of the oversizing. It is cstimatccl that it will take approximately ten months (see attached schedule) to dcsign, advertise, award and construct this project. This inchdes time to obtain the necessary permits and cascmcnts. Sincc time is of the cssencc and thcre is a neexi to adhere to thc conditions of the April 1, 1992, Joint Financing and Acquisition, wc request that you sign a copy of this lcucr as dcsignatcd below indicating your agrccmcnt with its content and return it to us so we may start design. Man To: Post Ofi'ge Box 8300 · San ~.,4,,,~.; CAiMoruia 92..QI-8300 · Teiepbooe (909) 925*7676 · Fax (909) 929-02_r7 Main OffEr. 2045 S. San Jacimo Street, San Jar.~go · Cuuomer ServkelEalineeri~ Anna: 4.40 E. Oakland Aveaue, lima, CA City of Temec:uh ~ 88-12 ~olarm Way October 7, 1994 Pagc 2 If you have any questions, please ~ me at (909) 925-7676, ext. 381. Sincerely, Manager, Engineex'ing Services HR/HAS:cdd Attachments Bill Green, RBF and Associates Chartic Bachmann Jim Petersen A1 Spencer Davc Croslcy The City of Temecula agrees to have EMWD design and combact the Solana WayrI-15 Sewer Pipeline Crossing. We also agree to pay a total mount not to exceed $307,285.00 in accordance with ottr letter dated August 16, 1994, for thk project. Signed: Mayor, City of Temecula 5. 6. 7. They would request bids for the construction of: 15 · diameter pipe and alternate 24" diameter pipe as reequired by mas~er plan That appropriate casings would be provided for each alternate for I-15 crossing That EMWD would pay the difference in cost of over-sizing from the 15" diameter system to the required 24" diameter system, That the costs would be 81Iotated based on the unit prices of the lowest responsible bidder. EMWD would assume the responsibilityfor contract administration, construction staking and inspection. That the total cost to CFD No. 88-12 for all of the above would not exceed $307,285.00. FISCAL IMPACT: CFD No. 88-12 has allocated funds for several projects in that district. Sanitary sewers discussed herein is one of these projects. Sufficient funds are available through CFD 88-12 budget to provide the required 8307,285.00for the project. ATTACHMENTS: 1. Copy of letter to Mr. Hooite Rugge, EMWD -2- r:~agc:lrpt~411018~ewer ITEM 6 APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Interim Director of Public Works/City Engineer November 29, 1994 Acceptance of Public Street Improvements constructed under Assessment District No. 161 (Nicolas Road from Winchester Road to Joseph Road) PREPARED BY: ~ Albert K. Crisp, Permit Engineer. RECOMMENDATION: That the City Council accept the public street improvements as constructed under the Properties Ranch Assessment District No. 161, in Nicolas Road between Winchester Road (State Highway Route No. 79 North) and Joseph Road. BACKGROUND: The Winchester Properties Assessment District No. 161 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. The Board of Supervisors then accepts the recommendation and executes and has filed a "Notice of Completion". The Assessment District contractor has satisfactorily completed Nicolas Road from 100 feet easterly of Winchester Road to 169 feet easterly of Joseph Road in accordance with County plans, specifications, and standards. The Boid of Supervisors authorized the issuance of the Notice of Completion of the public improve'ments on September 13, 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. r:%agdrpt~94\l129~nicorded.161 11117akc The Riverside County Transportation Department requests that the City of Temecula accept the public improvements thereby accepting the maintenance responsibility. The Riverside County Transportation Department previously accepted Nicolas Road from Winchester Road to 1.92 miles easterly of Winchester Road into the County Road-Maintained System. This portion of Nicolas Road therefore became a part of the City Maintained Street system upon incorporation on December 1, 1989. The Public Works Staff recommends City Council acceptance of these street and drainage improvements as constructed under Assessment District No. 161 into the City Maintained- street system. 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. ATTACHMENT: Location Map Board of Supervisors Minute Order dated September 13, 1994 cc: Brad Buron, Maintenance Superintendent r:~agdrpt%94%1129\nicorded.161 11/17ekc VI CINI T Y MAP NOT TO SO~qLE Location Map ITEM 7 APPROVAL ~ CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Joseph Kicak, Interim Director of Public Works/City Engineer November 29, 1994 Completion and Acceptance of the Traffic Signal Modification at the intersection of Rancho California Road and Front Street, Project No. PW94-09 PREPARED BY: ~ Don Spagnolo, Principal Engineer - Capital Projects Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council accept the Traffic Signal Modification at the Intersection of Rancho California Road and Front Street, Project No. PW94-09, as complete and direct the City Clerk to: File the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract, and Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. BACKGROUND: On August 1, 1994, the City Council awarded a contract for the Traffic Signal Modification at Rancho California Road and Front Street, Project No. PW94-09, to Paul Gardner Corp. for $8,790.00. The project included the installation of new loop detectors and striping to provide a dual left turn lane from south bound Front Street to east bound Rancho California Road. This project encountered only one field condition that required a contract change order. This change was due to an existing damage traffic signal conduit which was a link between the traffic detector loop wires in the street and a pull box. The conduit was removed and replaced for an amount of $829.09. 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 on or about thirty-five (35) days after the Notice of Completion has been recorded. pw04/r:~agdrpt\94\1129\pw94-Og.acc FISCAL IMPACT: The contract amount for this project was $8,790.00. Contract Change Order No. 1 was approved for a total amount of $829.09. The total construction cost is $9,619.09. This project is being funded through Traffic Signal Maintenance Funds, account #100-164-602- 5405. Attachment: Notice of Completion Maintenance Bond Contractor's Affidavit pwO4/r:~agdrpt\94\ 1129\pw94-09 .acc RECORDING REQUES'II~ BY AND RETURN T0: CITYCLEP. K CITY OF TEMECULA 43174BuineeaPe~l~lve Teamde, CA 82590 BPAC~ ABOVE THI~ UNE FOR RECO~DER'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 fie City of Temecula is 43174 Business Park Drive, Temecula, California 92590. 3. A Contract was awarded by the City of Temecula to Paul Gardner Corp. to perform the following work of improvement: PW94-09, Traffic Signal Modification at Rancho Califomis Road and Front Street 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 29, 1994. That upon said contract the Gulf Insurance Company was surety for the bond given by the said company as required by law, 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: PROJECT PW 94-09. 6. The street address of said property is: INTERSECTION OF RANCHO CALIFORNIA ROAD AND FRONT STREET. Dated at Temecula, California, this _ day of · 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. Dated at Temecula, California, this day of ,1994. JUNE S. GREEK, City Clerk Fonm/CIP-001 Rev. 12-591 pwO4%pw94-O9%compiern.not 112994 Signed and sealed this 32~ day of / ,19., 94 (Seal) (Name) (Title) APPROVED AS TO FORM: City Attorney (Name) (Title) (Name) ~c-Tr~7'~' (Title) MAINTENANCE BOND M-2 r:.~ip~roje~e~pwg4-OgV~dpkg Rev:. 03-30-94 TO: FROM: DATE: APPROVAL R~ CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager ~Joseph Kicak, Interim Director of Public Works/City Engineer November 29, 1994 SUBJECT: Award of Contract for the Construction of Winchester Road Interim Street Improvements, Project No. PW94-03 PREPARED BY: /~Don Spagnolo, Principal Engineer - Capital Projects Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council: Award a contract for the base bid only, for the construction of Winchester Road Interim Street ~mprovements, Project No. PW94-03 to Chance Edmondson for the base bid of $241,407.57and authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of $24,140.76 which is equal to 10% of the contract amount. Approve a budget transfer in the amount of $63,000 from the Pavement Management Project to the Winchester Road Interim Street Improvement Project. BACKGROUND: The City Council approved the construction plans and specifications and authorized the Department of Public Works to solicit public construction bids for the Winchester Road interim Street Improvement Project. This project will widen the south side of Winchester Road between Jefferson Avenue and the I-15 south bound on-ramp, which will create an exclusive east bound right turn lane onto the south bound I-15. Also, the north side of Winchester Road will be widened to provide for a smother transition from the south bound I-15 off-ramp going west on Winchester Road. The existing traffic signal will be modified to provide for these widenings and the landscaping and irrigation will be installed adjacent to the proposed street improvements. These improvements will be constructed to their ultimate locations and no modifications will be needed during the Winchester Road Bridge Widening project. This project was also bid with an alternative to perform the construction during night hours, from 8:30 p.m. to 5:30 a.m. Sunday evenings thru Friday mornings. The Engineer's Estimate for the project was $230,000.00. -1 * r:\agdrpt\94\1129\pw94-O3.awd Two (2) bids for the project were publicly opened on November 17, 1994 and the results for the base bid are as follows: Alternative Bid 1. Chance Edmondson .............. $241,407.57 $15,000.00 2. Wadeham-Bake Inc ............... $279,279.00 $75,000.00 The contractor is responsible for providing traffic control for the entire duration of the project which will allow continuous traffic flow except during certain off peak hours to install the traffic control and to move equipment around the site. Therefore, we recommend that the work be performed during the day and that only the base bid be awarded. Chance Edmondson has not performed any work for the City, but has performed well in other areas of Riverside County based on comments from references of previous work. The construction schedule is for 60 working days. Work is expected to begin early January, 1995 and be completed early April, 1995. A copy of the bid summary is available for review in the City Engineer's office. FISCAL IMPACT: A budget transfer will be required from the Pavement Management Project (account number 210-165-655-5804)to the Winchester Road Interim Street Improvement Project (account number 210-165-641-5804). Both projects are Capital Improvement Projects to be funded by Measure "A". Currently only $215,500 has been appropriated for the Winchester Road Project. Savings have been identified in the Pavement Management Project (current appropriation of $900,000) to cover the budget transfer. -2- r:\agdrpt\94\l 129\pw94-03.ewd CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW94.03 WINCHESTER ROAD INTERIM STREET IMPROVEMENTS THIS CONTRACT, made and entered into the 29th day of November, 1994, by and between the City of Temacula, a municipal corporation, hereinafter referred to as "CITY", and Chance Edmondson, 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. P1/V94-03 WINCHES I ROAD INII=HIM STRr. e:l IMPROVEMENTS, Insurance Forms, this Contract, and all modifications and amendmentsthereto, 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. PVV94-03 WINCHESTER ROAD IN I r. HiM STREET IMPROVEMENTS. 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. PW94-03 WINCHESTER ROAD INTERIM STREET IMPROVEMENTS. 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 Documents 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, CONTRACT CA-1 r:\eip%projecte%pw94-O3%bidpkO\ ekg e the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, an 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. CONTRACTORshall 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, PW94-03 WINCHESTER ROAD IN I r, HiM STREET IMPROVEMENTS 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. CONTRACT AMOUNT AND SCHEDULE. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for the work above-agreed to be done, the sum of: Two hundred & forty-one thousand & four hundred & seven DOLLARS and ~;~y4even ($241,407.57),the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed dxty {60} 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, r any part thereof unencumbered, shall be made sixty (60) days after completion o, CONTRACT CA-2 r:%cip%projecte~ow94-O3~dpkg\ skg 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 $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 10. 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 ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release and indemnity agreement with each claim for payment. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the CONTRACT CA-3 r:%cip~oroject$~ow94-O3~bidl~g\ ekg 11. 12. 13. 14. 15. 16. 17. Department of Industrial Relations. These rates are on file with the City Clerk. Copies ma be obtained at cost at the City Clerk's office of Temecula. CONTRACTOR shall post a cop~ 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's employees 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 employee: agents, or representatives with a view toward securing this Contract or securing favorabL 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 b subject to inspection and audit by any authorized representative of the CITY. CONTRACT CA4 r:%oip%projects%pw94-O3Vaidpkg\ ekg 18. 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. 19. 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. 20. GOVERNING LAW. This Contract and any dispute arising hereunder shall be governed by the law of the State of California. 21. 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 Roberts, Mayor CONTRACT CA-5 r:\cip~projecte~pw94-O3~l~dpkg\ Ikg APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: June S. Greek, City Clerk CONTRACT CA-6 r:\cip~projects~owS4-O3Widpkg\ ITEM 9 APPROVAL~ CITY ATFORNEY FINANCE OFFICE 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 29, 1994 Award of Contract for the Construction of Pala Road ~ HWY 79S Interim Right Turn Lane, Project No. PW94-08 PREPARED BY: f~ Don Spagnolo, Principal Engineer - Capital Projects Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council: Award a contract for the base bid only, for the construction of the Pala Road @ HWY 79S Interim Right Turn Lane, Project No. PW94-08 to Pro-Civil Engineering, Inc. $40,590.47 and authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of $4,059.05 which is equal to 10% of the contract amount. BACKGROUND: On July 12, 1994 the City Council approved the construction plans and specifications, and authorized the Department of Public Works to solicit public construction bids. The work to be performed includes, construction of asphalt pavement, traffic striping and signing, embankment construction, and traffic control to construct a right turn lane for traffic proceeding east on Route 79 "South" to south on Pala Road. This widening project will reduce congestion on Route 79 "South" during peak levels of traffic. The initial bid opening for this project was on August 4, 1994 at which time only one bid was received. This bid was 75% over the engineer's estimate of $36,000and it was recommended that the project be re-bid. Therefore, on October 11, 1994 the City Council directed staff to re-bid the project. Six (6) bids for the project were publicly opened on November 10, 1994 and all six were lower than the previous bid. This project was also bid with an alternative to perform the construction during night hours, from 8:30 p.m. to 5:30 a.m. Sunday evenings thru Friday mornings. -1- r:%agdrpt%94%l 129~ow94-08 .ewd The following are the results of the bid opening: Base Bid Alternative Bid 1. Pro-Civil Engineering, Inc ............ $40,590.47 $6,335.49 2. Chance Edmondson ................ $43,660.65 $4,000.00 3. Sean Malek Engr. & Constr.o Inc ....... $45,925.96 $15,000.00 4. Chino Construction ................ $48,100.70 $11,700.00 5. NPG Corporation ................. $57,958.25 $900.00 6. Kruger McGrew Construction Co ....... $60,829.00 $2,560.00 The contractor is responsible for providing traffic control for the entire duration of the project which will allow continuous traffic flow except during certain off peak hours to install the traffic control and to move equipment around the site. Therefore, we recommend that the work be performed during the day and that only the base bid be awarded. Pro-Civil Engineering, Inc. has not performed any work for the City, but has performed well in other areas of Riverside County based on comments from references of previous work. The construction schedule is for 25 working days. Work is expected to begin late December, 1994 and be completed in late February, 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 $40,590.47, and $4,059.05 respectively. The total amount of $44,649.52 has been transferred from the Development Impact Fees to the Capital Improvement Fund, and has been appropriated in account #210-165-652-5804. -2- r:\agdrpt~94\1129~pw94-Oa.ewd CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW94.-08 PALA ROAD AND ROUTE 79 SOUTH INTERIM IMPROVEMENTS THIS CONTRACT, made and entered into the 29th day of November, 1994, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Pro-Civil Engineering, 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. RN94-08PALA ROAD AND ROUI.- 79 SOUTH Ikl P. HIM IMPROVEMENTS 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 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. RN94-08 PALA ROAD AND ROU ~ ~- 79 SOUTH Ik ~ r. HIM IMPROVEMENTS. 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. PW94-08 PALA ROAD AND ROUTE 79 SOUTH INTERIM IMPROVEMENTS. 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 CONTRACT CA-1 . r:%cip%projects%pw94-08VDidpkg ekg 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, ano 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. PW94-08 PALA ROAD AND ROIJ i ,: 79 SOUTH IN I r.~iM IMPROVEMENTS 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. CONTRACT AMOUNT AND SCHEDULE. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for the work above-agreed to be done, the sum of: Forty thousand five hundred & dnet3f DOLLARS and fort,f-seven CENTS ($40,590.47}, the total amoun' of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed twenty-five (25) 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, o any part thereof unencumbered, shall be made sixty (60) days after completion o~ CONTRACT CA-2 r:%cip%projects%pw94-08VDidpkg the work and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with tha 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 $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 10. 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. 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 CONTRACT CA-3 r:~cip~projects~ow94-Oa~bidpkg skg 18. INSPECTION. The work shell 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 ell 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. 19. 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. 20. GOVERNING LAW. This Contract and any dispute arising hereunder shall be governed by the law of the State of California. 21. 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 Roberts, Mayor CONTRACT CA-5 r:%eip~ptojects~pw94-O8VDidpkg leg APPROVED AS TO FORM: Peter Thorson, City Attorney ATTEST: June S. Greek, City Clerk CONTRACT CA-6 r:\cip~projects%pw94-O8\bidpkg skg ITEM 10 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager  Joseph Kicak, Interim Director of Public Works/City Engineer November 29, 1994 Community Facilities District 88-12 - Winchester Interchange improvements Agreement with Riverside County for Real Property Services PREPARED BY: ~;~ Don Spagnolo, Principal Engineer - Capital Projects RECOMMENDATION: That the City Council: Approve an agreement with the County of Riverside to provide Real Property Services for the acquisition of property for the Winchester Interchange Improvements - CFD 88- 12 in an amount not to exceed $25,000. 2. Authorize the Mayor to execute the agreement. BACKGROUND: During the design phase of the Winchester Interchange Improvement Project a review was made by Caltrans of the proposed improvements including the dimensions of the curves to be used for the northbound off ramp. Changes to the length of the radius used in designing the off ramp where required by Caltrans which extended the new off ramp beyond the existing right-of-way. Two parcels must be acquired to provide for the new off ramp design for a total of 1.13 acres. The additional property necessary to construct the proposed improvements must be acquired in accordance of the guidelines established by Caltrans since they will be the ultimate owner. Several methods of acquiring the property are available however, all of them require that both the appraiser and acquisition agent be certified by Caltrans. In order to expedite the process we have recommended that the County of Riverside be selected to perform this work since they are pre-qualified by Caltrans to perform this service, have acquired property for other agencies which was transferred to Caltrans and can perform the services within the project schedule. -1o r:\agdrpt\94\l 129\cfd88-12.agr/ajp FISCAL IMPACT: The cost to acquire the two (2) parcels necessary to construct the Winchester Interchange Improvements Project has been identified in the Capital Improvement Program and will be funded through the Redevelopment Agency and appropriated in the Capital Improvement Project Fund, account number 210-165-602-5700. An operating transfer in the amount of ~25,000will be required from the Redevelopment Agency to the Capital Improvement Project Fund to cover the cost of this agreement. Attachments: 1. Agreement for Real Property Services 2. Cost Proposal to Perform Property Acquisition -2- r:~agdrpt~94\l 129\cfd88-12,agr/ajp 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT FOR REAL PROPERTY SERVICES This Agreement is made this 14th day of November 1994, by and between the COUNTY OF RIVERSIDE, GENERAL SERVICES AGENCY/BUILDING SERVICES, herein called "Building Services", and the CITY OF TEMECULA, herein called "City". 1. RECITALS City has a need to acquire, and appraise interests in land. County of Riverside has established within GSA/Building Services, a Real Property Division, herein called "Real Property", to acquire, manage, and dispose of real property on a County-wide basis. 2. TERM This Agreement shall commence upon execution by the City and the County and shall terminate on December 31, 1995. 3. COORDINATION (a) The official representative of the City on all property related matters shall be the City's designee. The official representative of Real Property on all property related matters shall be Building Services Real Property manager or his designee. Building Services Real Property Manager or his designea will make all contacts with the City through the City's official so designated. By the same token, contacts to be made by City's personnel with Real Property will be coordinated through the Real Property Manager or his designas. (b) Building Services Real Property Representative will meet as necessary with the City's Representative and designated staff to review and discues acquisition and status of work. Real Property will perform work under this Agreement. (c) When a need occurs to use Eminent Domain power to acquire property, the City will use its Authority. (d) Real Property will be provided with a work order number for each project. Only work related to the project can be charged. All charges shall be paid within 45 days of receipt of an invoice approved by the City at ratas as agreed. (e) Both parties recognize that project priorities may change abruptly end that effective communications and a positive working relationship are needed to maintain flexibility and to respond to unpredicted events. Real Property recognizes that the City may direct Real Property to cease work under this Agreement at any time. Page 1 of 5 1 4. PROCEDURES (a) The City shall transmit to Real Property work orders for ...t project to consist of the following: 4 5 6 7 8 9 10 11 12 (b) (1) (2) (3) (4) (5) Maps, legal descriptions and conveyancing documents for property to be acquired. Area of each parcel. Plan and profile maps of proposed project (may be preliminary). Copy of Environmental Assessment or report. A proposed time schedule for completion of acquisition. Within five (5) working days, Real Property will: (1) (2) (3) Acknowledge receipt and indicate concurrence with time schedule; Work Order Number, Negotiate a mutually acceptable schedule of possession of land. 13 (c) The City will obtain all right of way or property maps for property :14 to be acquired by Real Property or to be leased by others. In the preparation of such property maps, it will be necessary to secure title reports. Real Property shall negr, 15 agreements with title companies acceptable to the City for providing such serv, including appropriate fees. Real Property will obtain such preliminary reports or litigations; 16 guarantees as are required through local title companies now under contract, The City will 17 pay for same directly. 18 19 20 21 22 23 24 (d) When staff appraisals are deemed appropriate by Real Property, Real Property shall acquire such appraisal from an independent appraiser. The appraisal will be reviewed and approved by the Real Property Manager or his designee and the City. (e) During the course of negotiations no commitments will be made to any property owner without the written consent of the City. All such commitments will be addressed in a formal acquisition agreement negotiated by Real Property and approved by the Real Property Manager of his designee and the City. (f) No acquisition will be made above the approved appraisal value of the parcel of land unless pdor written approval for such acquisition is given by the City. 25 26 27 (g) Real Property will establish and provide necessary escrow services for all parcels acquired on behalf of the City, Real Property, after receipt of full executed agreements, shall transmit the owners copy. 28 Page 2 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (h) Real Property will be responsible for all actions necessary to clear title, such as obtaining reconveyances, paying demands, fees, etc. All payments will be charged to the project work order number. (i) All fight of way documents, when ready for approval by the City shall be returned to the City for approval by their designated person. (j) Following recordation of deeds, Real Property will obtain the policy of Title Insurance. (k) As a final product, Real Property shall return to the City the following: (2) (3) (4) (5) Project file. Original recorded deed. Odginal approved fight of way agreements. Policy of Title Insurance. Other correspondence, notes, and other information documenting the acquisition. 5. SURPLUS PROPERTY (a) The City may provide Real Property with a request to sell or lease surplus property. If such a request is made, Real Property shall perform an appraisal and submit it to the City for approval. After wdtten approval by the City, Real Property will either prepare the necessary bid package, or if appropriate, negotiate the sale. If an independent appraiser is utilized, Real Property will select the appraiser with the concurrence of the City. (b) For rental property the City will submit a wdtten request to Real Property to attempt to find a lessee. Real Property will appraise the property to determine an appropriate rental rate and obtain written approval of the City for such rental rate. Real Property will then negotiate the terms of the lease. Upon completion of negotiations, the lease will be submitted to the City for possible execution. 6. OTHER SERVICES (a) Real Property shall perform other services for the City as follows: (1) If the City wishes Real Property to perform planning studies or budget preparation in connection with fight of way services, the City will submit a map of a proposed project with general dimensions and location to Real Property. Real Property will provide the city with an estimate of the costs to acquire said property within such project, This estimate shall be a budgetary estimate based on readily available information with an appropriate contingency factor to cover unknowns at the time of the estimate. Page 3 of 5 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 1'7 18 19 20 21 23 24 25 3.996 27 28 11. A'I'rORNEYS' FEES In any action brought by either party to enforce the provisions of this Agreement, the prevailing party shall be entitled, in addition to any other award, to have its attorneys' fees plus other costs of suit. ATTEST: CITY OF TEMECULA City Clerk By: APPROVED AS TO FORM: WILLIAM C. KATZENSTEIN County Counsel By: Deputy AWEST: GERALD A, MALONEY Clerk of the Board By: Deputy [SEAL] CITY OF TEMECULA By: RECOMMENDED FOR APPROVAL: By: MISCHELLE ZIMMERMAN, Director General Services Agency COUNTY OF RIVERSIDE By: Chairman, Board of Supervisors Page 5 of 5 COUNTY OF RIVERSIDE GENERAL SERVICES AGENCY BUILDING SERVICES 3133 SEVENTH STREET RIVERSIDE, CALIFORNIA 925074199 (909) 275-480O FAX (909) 275-4828 November 14, 1994 City of Temecula Department of Public Works 43174 Business Park Drive Temecula, CA 92590 Daniel Waldo, Jr., Director CTTYOFTB~ECULA ENGII, E~RiNGpEpARTT-MEN'r ' Attn: Mr. Don Spagnola, P.E., Principal Engineer - Capital Projects Re: City of Temecula / County of Riverside Agreement Winchester Road / Interstate 15 Interchange Dear Mr. Spagnola: Per our meeting, I am forwarding the charges for the Winchester Road / interstate 15 Interchange with the agreement for property services. We also discussed grant deeds in the name of the State of California for the fee title acquisition of portions of APN 910- 130-036 and 910-130-044, but all acquisition agreements will be executed by the City of Temecula. The overall charges will not exceed $25,000.00 for this project. The estimated charges are broken down as follows: Secretarial Services (50 hours $10.00 er hour) ............. $ 500.00 4 hours- appraisal le~-ters, conFacts. 35 hours - document preparation. 1 hours - letters, document changes, condemnation packages. Right of Way Agents ................................. $ 9,022.00 175 Hours - Appraismal review title review, document preparation resentation meetin, meetings, negotiations (meetings ~tters, phone cal~, escrow preparation, etc.) an~J conde nation (preparation of con~temnation package litigation preparation and service of summons an~j complaint). Trave,'2' 'tFi": Temecula and c~ients. Appraisal (approximate) ................................ $10,000.00 Rounded $25,000.00 ARONffECTUEE-ENQINEERINQ DNISION CUSTODIAL DIVISION MAINTENANCE DIVISION REAL PTtOPERTY DNBION (909) 275-4810 [909) 27~4839 (909) 2754830 (909) 275-4820 FAX (909) 275-48q0 FAX (~09) 275-4828 FAX (909) 275-4828 FAX d~09) 275-4828 Letter - Mr. Don Spagnola, P.E. November 14, 1994 Page 2 Thank you for your cooperation in this matter. Pamela L. Stamen Acting Supervising Real Property Agent PLS:gg 3.996 cc: David H. Slaughter, GSA/Building Services File ITEM 12 ITEM 11 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Scott F. Field, City Attorney's Office November 29, 1994 Cable Television Rate Regulation RECOMMENDATION: That the City Council: Conduct public hearing, taking written and oral testimony from all interested parties, including Inland Valley Cablevision; 2. 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 DISCUSSION: In 1992, Congress amended the Federal Cable Television Act to authorize local franchising authorities to regulate cable television rates and installation and equipment charges for basic tier service. The FCC then established September 1, 1993 as the date on which rate regulation ma~ begin. The FCC also developed a set of regulations "rolling back" cable rates to "benchmark" levels. The benchmark rates are intended to be the rates a cable operator would charge if it were subject to effective competition. In order to determine if the operator's rates are at the benchmark, the FCC developed its Form 393. Through completing the Form 393, the operator determines what its benchmark rates are. The City is then responsible for reviewing and approving the rates set forth in the Form 393. The Form 393 is only used for the period from September 1, 1993 through July 14, 1994. After July 14, the Form 1200 is used. Burke, Willjams & Sorensen, with the assistance of Diehi, Evans & Company, have reviewed the Form 393. On September 29, 1994, they filed with the City their reports recommending that the City disapprove the September 1, 1993 rates and order a refund to basic subscribers within the City. (Exhibits B and C.) In order to meet the legal requirements of providing notice of the public hearing and to make their reports available for review, a public hearing was October 11, 1994 to consider the reports. Inland Valley responded to the reports on October 6, 1994 and November 9, 1994. Their response challenged the City's reports in five areas: In calculating maximum basic tier rates, the number of channels as of September 30, 1992 and September 1, 1993, must be determined. To do this, the channel line-up cards of Inland Valley were reviewed. Inland Valley had manually corrected its September 30, 1992 channel line-up to state that 37 channels were offered, and the rates were analyzed accordingly. However, Inland contends in its October 6th letter that actually only 36 channels were offered. The second critical date to determine the number of channels is September 1, 1993. The channel card for that date indicated that 45 channels were offered on the system, but one was unavailable in Temecula and a second was "to be announced." Accordingly, the Diehi, Evans & Company Report analyzed rates based upon 43 channels. Inland Valley contends the correct channel count is 44. FCC supplemental instructions on completion of Form 393 indicated that the same figure should be used on lines 301 and 104 of Form 393. In analyzing rates, Diehi, Evans made this adjustment. Inland Valley contends that it is not required to refresh the data in this manner. Inland disputed the consultants' decision to not permit the pass through to subscribers of the possessory interest tax. Inland challenged the adjustments Diehi, Evans made to the amoritazation of converters. In order to provide for an adequate time to review Inland Valley's comments and attempt to achieve a compromise on rates, inland extended the refund liability period back to September 1, 1993 and allowed the City to still order a full rate refund until November 30, 1994. Burke, Williams & Sorensen and Diehi, Evans and Company have now completed their review of Inland's comments. They have accepted comments I and 2, rejected 3 and 4, and partially accepted 5. (See, letter of November 21, 1994 from Burke, Willlares & Sorensen to Inland Valley.) Accordingly, Diehi, Evans revised its calculation of maximum basic service subscriber rates as follows: Subscriber Rates TEMECULA CABLE TELEVISION RATES September 1, 1993- July 14, 1994 Basic Channels Price Per Channel September 30, 1992 $12.31 14 $0.879 September 1, 1993 (Actual) 11.82 23 $0.513 September 1, 1993 (Permitted) 11.39 23 $0.495 Rate Reduction -- $0.92 per month, plus 9 channels September 30, 1992 (Actual) September 1, 1993 (Actual) September 1, 1993 (Permitted)* 21.78 Basic Channels Price Per Channe/ & CPS $18.74 37 22.19 44 44 $0.506 $0.504 $0.495 Rate Increase = $3.04 per month, plus six channels II. Eouioment Rates Converters Remote September 1, 1993 (Actual) $2.55 $0.50 September 1, 1993 (Permitted) $2.26 $0.42 It is recommended that the Council adopt the attached Resolution establishing these rates. FISCAL IMPACT: The franchise fee levied by the City is based on gross revenue generated by the cable operator; therefore, a decrease in the allowable rate for cable service will result in a decrease in franchise fee revenue. ACTION DOCUMENTS: A. Resolution disapproving rates and ordering refunds RE3OLtrlION NO. 94- A RESOLUTION OF TIIE~ CITY COUNCIL OF ~ CITY OF TEMECULA DISAPPROVING ~ CABLE TELls, VISION RATES FOR BASIC SERVICE TfER AND ASSOCIATEI} EQ~ OF INLAND VAI,I,EY CABLEVISION, AND ORDERING A RRFUND FOR EXCESSIVE RATES THE CITY COUNCIL OF THE CITY OF TE_MECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, 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; WHRREAS, Western Communication, dba Inland Valley Cablevision ("Inland Valley") holds a franchise to operate a cable television system within the City; VHWRF.,AS, on or about January 26, 1994, Inland Valley filed its Form 393 with the City seeking approval of its maximum initial permitted rates for regulated cable programming services and equipment; WHRREAS, the City has obtained reports from dated September 29, 1994 from Burke, Willdams & Sorensen and September 21, 1994 from Diehl, Evans & Company, analyzing the Form 393 submitted by Inland Valley; WIIRREAS, Inland Valley has submitted a response to the these Reports, by way of a letters from Cole, Raywid & Braverman dated October 6, 1994 and November 9, 1994; WHEREAS, Inland Valley has extended the time for the City to act on the Form 393 to November 30, 1994; WHRREAS, Burke, Williams & Sorensen has responded to Inland Valley's comments, by way of a letter dated November 21, 1994. Based upon said letter Diehi, Evans & Company has revised its computation of Form 393, dated October 18, 1994; WHRREAS, the City Council has held a public hearing pursuant to Sections 76,935 and 76,942 of Title 47 of the Code of Federal Regulations to take written and oral testimony from all interested parties, including Inland Valley, concerning the Form 393 submitted by Inland Valley, the aforementioned reports and Inland Valley's response thereto; and R:',l~sos~46 1 WI~IF, AS, the City Council has considered the testimony received during the public hearing and the reports and letter described above; NOW, ~ORE, 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, Willjams & Sorensen and Diehi, Evans & Company, which reports are incorporated into this Resolution by reference as if fully stated herein. Section 2. This Resolution constitutes a written decision disapproving, in whole or in pan, 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 l, 1993 through luly 14, 1994 shall be as follows: · · · · · · Basic service tier (23 channels) - $11.39 · Hourly Service Charge - $44.50 · Installation of unwired homes - $44.50 · Installation of prewired homes - $29.82 · Installation of additional connection at time of initial installation - Installation of additional connection as separate installation - New install - underground Trip charge Tier change charge Monthly charge for lease of remote control - Monthly charge of converter box - - $0.00 $ 0.00 $ 0.00 $11.13 $22.25 $ 0.42 $ 2.26 2 Section 4. For the period from September 1, 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 hter than 30 days after the date this Resolution is approved by the City Council. Section 5. Inland Valley, in its discretion, may implement the refund required in Section 4 in the following manner. (A) By returning overcharges to those subscribers who acWally paid the overcharges, 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 currently 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 Inland 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 $0.495 per channel, or $10.39 for the 21 channels offered on the second tier. However, Inland Valley is charging subscribers $10.97 for the cable programming service tier. The City Manager 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. 3 Section 10. Should Inland Valley appeal ~s rate determination of the City Council of the City of Temeeula 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~D AND ADOPTED by the City Council of the City of Temecula at its regular meeting held on the __. day of July, 1994. A~r_~ST: Ron Robert.s, Mayor June S. Greek, CMC City Clerk 4 STATE OF CA~ .r~ORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEIvIECULA ) I, June S. Greek, City Clerk of the City of Temecula, DO I-IF)I~.Ry CERTIFY that the foregoing Resolution was duly adopted at a regtdnr meeting of said City Council held on the 29th day of November, 1994; by the following roll call vote: COUNCIL MEMBER: NOES: COUNCIL MEMBER: COUNCIL MEMBER: ~unc S. Greek, CMC City Clerk LAW OFFICES BURKE, WXLLLAMS & SORENSEN September 29, 1994 (It3) 33H2~O 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. BackGround 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. :1535.1 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 n,~mher 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 ~eplaced 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. 535.1 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 Valley 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. 0k 1535.1 September 29, 1994 Page 5 2. Ec~aiDment 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 additional connections as separate installation 22.26 22.25 22.25 New install underground 0.00 Trip cha~ge 0.00 0.00 0.00 0.00 0.00 Charge for changing tiers 0.00 0.00 0.00 Monthly charge for lease 0.32 0.50 0.32 of remote control 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. Establishina Maximum Rates. The basic service tier rate for the period from September 1, 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 1, 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 analysis 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: :1535.1 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 payments. 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. FIELD of BURKE, WILLIAMS & SORENSEN ORANGE: 1535.1 M DIEHL,EVANS &COMPANY 18~1 VON KA~N AVe., SU[~ 2~ [RVINE, ~LI~IA 9Z715-1 ~2 PHONE (714) 757.77~ FAX (714) 757.Z707 September 21, 1994 RDDNEy K. McDANIEL CPA MICHAEL II. LUDIN. CPA CRAIG '~ SpRAKEII. CFA PHILIp H. HOLTKAMR CPA INDEPENDENT ACCOUNTANTS' 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 hereln. It is understood that this report is solely for your information and is not to be referred to or distributed for my purpose to anyone who is not a member of City Council or managemere of the City of Temecula, or an employee or authorized represemative of Western Communications. However, if this report is made a maUer 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 herere. In connection with these procedures, except as noted herere, 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 e~t~mln.tion of the financial statements of Western Communications in accordance with generally accepted auditing standards, other matters migh~ 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 Commumcations taken as a whole. Although defalcations and similax 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 OFRCF~5 AT: SLIMMARY OF PROCEDURES We applied the following procedures to the accoums and records of Western Communications, hereinafter refen'ed 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 system,s. (See Schedule 2). We compared equipment and installation 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 reviev~d FCC Form 393 (as prepared by Western) to determine if the form had been completed accurately and in accordance with FCC regulations and rate tables. 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 channel cards, a review of sample customer bills, VOUChing Of pllrchase illVOiCeS related to the acquisition of remote controls and converter boxes and a review of Western's ~x~rksheets 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 January 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- SUIVfIVIARY OF FINDINGS 5 On September 30, 1992, according m Worksheet 2 of the original Form 393, Western offered 36 channels under t~o 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 rote. (See Schedule 1). According to Worksheet 1 on the original Form 393, Western offered 44 channels under t~ tiers for $20.29. Hov~ver, Western's channel card, which listed 45 channels, indicated that no programrainE was available on two channels. Accordingly, our revised Form 393 reflects 43 channels. Also, the rates on Worksheet I 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 this report, the average price per channel for the tiers decreased only $.01, or 2.0%, from September 30, 1992 to September I, 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 system 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 adjustmems: a. Worksheet 1, Line I01: On Worksheet 1 of the original Form 393, as fried by Western, the Tier Charge for the Basic Tier yeas reported as $12.88, and Tier 2 was reported as $7.41. As further explained below, the Basic Tier amount should have been $11.82, and Tier 2 should have been $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 ate 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 k 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- SUIVIMARY OF FINDINGS (CONTINUED) (Continued): 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 amounts 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 1, Line 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 dealt with amounts to be reported on Lines 104 and 301. The answer to this question stated, in pan: "Where operators have restmctured 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 L'me 104 and 301. c. Worksheet 1, Lines 121 Through 128: 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, thi~ number varies accord'rag to the date of submission of each cable operator's filing. The date of ~ing was January 26, 1994. The whole months from September 30, 1992 to January 26, 1994 totals 15. SUIvIIViARY OF FINDINGS fCON'HNUED) 5. (Continued) d. Worksheet 2, Line 220: Line 220 The benchmark cable rate is a function of the number of satellites channels m 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 were satellite, the benchmark calculation would have been $0.590. e. Revisions to Cable Rates: Based on the adjus~nents discussed above, and based on our revised Form 393, as presented at Schedule 5, the maximum permitted rite for the basic service tier should be decreased from $11.82 ($11.36 as computed by Western, plus $0.46) to $11.65. 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 r~sult in a rate reduction of $0.16 per subscriber per month. f. Equipment ahd 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 avenge for 147 cable systems (as published by the National Association of Telecommumcations Officers and Advisors, or NATOA) and with certain other Southern California cable systems. City of Temecula (Western) National Avenge .25 City of Alhambra (Cencom) .12 City of Costa Mesa (Copley/Colony) .27 South Orange County (Dimension) .16 Charge For Remote Hourly Control Converter Service Charge Box Charge $ .50 $ 2.55 $ 44.50 2.00 27.14 1.65 20.00 1.70 38.09 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 Fore 393, Schedule C, Western reported a "gross book cost" for remote controls of $21,703 for 2,725 units, or a cost per unit of $7.96. This mount appears reasonable when compared with 1993 purchase invoices for remote controls. (During 1993, a large number of units v~re purchased at a unit price of $7.00, plus sales tax and freight. ) However, in our opinion, the depm:iation 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 remotes over two years. An official of Western advised us that the remotes nonally 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 ~v~ years. and a depreciation charge of $4,341. Also, on Form 393, Part KI, Stop C, Line 9, our review indicated that the number of maintenance and service hours related to the remote controls should be 104 hours, rather than 124 hours. (See Schedule 4). As a result of these adjus~nents, 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 $I 16.00 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) (Continued) f. Converter Box Charge (Continued): Cost As Originally Reported $ 389,983 As Adjusted (2,725 units at $120.00) Accumulated Net Book Denreciation Value ROI Current (At 11.25 %) Devreciation $ 72,239 $ 317,744 $ 35,746 $ 34,981 (18.5%) 327,000 60,495 266,505 29,982 32,700 (18.5%) Also, on Form 393, Part rrI, 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 hour. (See Schedule 4). As a result of these adjustments, we recommend that the charge for a converter box be decreased front $2.55 to $2.34. Hou~v Service Charge The hourly service charge was computed in the following manner by Western: Annual Costs for Maintenance and Installation $129~657 Tom/Labor Hours 21912 Hourly Service Charge $ a4.52 In reviewing this calculation, the number of labor holds 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, ntost other cable operators contpute the hourly rate, and charge custorners, 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 custonters only for hours spent at the custonter'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 engagentent did not include a review of actual time charges included on the bills to Tentecula subscribers. -7- SUPPORTING SC~F,r}ULES SCHEDULE 1 CITY OF TEMECULA COMPARISON OF CHANNEL LINE-UPS AND CABLE RATES AS OF SEPTEMBER 30, 1992 AND SEPTEMBER 1, 1993 Description September 30, 1992 Sevtember 1, 1993 Channels Pricing Channels Pricin~ Tier 1: Total channels 14 $ 12.31 23 $ 11.82 Price per channel 0,879 0,513 Tier 2: Total channels 23 6.43 20 10.37 Price per channel 0.279 0.518 Totals for Tier 1 and Tier 2: Total Channels Price Per Channel 37 $ 18.74 43 $ 22.19 $ 0.506 $ 0.516 Unaudited; see kndeDendem accountants' repoF. on agreed-upon limited procedures review. -8- SCHEDULE 2 COMPARISON OF C.~LE TV RATES FOR VARIOUS SOUTHERN CAI.IFORNIA CITIES AS OF SEPTEMBER 1, 1993 Basic Tier Second Tier Number Rate Basic Number Rate CPS City of Per Service of Per Service (Cable Overator) 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 (Corneas0 33 .293 9.66 19 .750 14.26 City of Garden Grove (Pm-agon) City of Lakewood (Colony) 33 .349 11.52 26 .349 9.07 City of Long Beach (CVI) 26 .537 13.95 I8 .425 7.65 City of Orange (Cablevision) 21 .534 11.20 20 .534 10.70 City of Paramount (Contmental) 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 Unaudited: 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) 43 $ .516 $ 22.19 National Average City of Alhambra (Crown - Cencom) 54 .456 24.63 City of Brea (Century) 42 .694 29.16 City of Buena Park (Corncast) 52 .395 23.92 City of Garden Grove (Paragon) 62 .343 21.25 City of Lakewood (Colony) 59 .349 20.59 City ofLongBeach (CVI) 44 .491 21.60 City of Orange (Cablevision) 41 .534 21.90 City of Paramount (Contmental) 48 .462 22.17 South Orange County (Dimension) 44 .517 22.74 City of Yorba Linda Gones Spaceli~) 53 .433 22.95 Unaudited; see independent accoumanm' report on agreed-upon limited procedures review. -10- SCI-I~_I)UL~ 3 CITY OF TEMECULA COMPARISON OF EQUIPMENT AND INSTAI.I.-~TION RATES FOR THE CITY OF TEMECULA WITH OTHER CABLE TV SYSTEMS AS OF SEPTEMBER I, 1993 Description Equipmere Charges: Amounts City of Temecula City of Lake~od South Orange From National (Inland Valley) (Covlev/Colonv) County (Dimension) Survev (Note l/ Average Hours Amount Hours Amount Hours Amount Hours Amount Remote control $ .50 $ .19 $ .16 $ .25 Converter boxes 2.55 1.38 1.96 2.00 Imtalladon Charges: Hourly service charge 44.50 31.44 24.00 27.14 Unwir~d Home - Initial installation: · Aerial 1.0 44.50 1.3 39.30 1.43 34.34 1.56 39.96 · Underground 2.33 73.25 (Note 2) Prowired 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 imtallation .50 22.25 1.0 31.44 .55 13.08 .88 22.43 Other Charges: Charge for changing tiers 1.99 2.00 17.38 Trip charge 26.09 (Note 2) Note 1: These hours and dollar mounts am "averages" from a national survey of 147 cable systems. The mount were compiled by the National Association of Telecommunlcations Officers and Advisors (NATIDA). Note 2: This information was not awailable in NATORs survey. Unaudited; see independent accountants' report on a=~reed-upon limited procedures review. -11- SCHEDULE 4 CITY OF TEMECULA MAINTENANCE AND REPAIR HOURS JUNE 30, 1993 /NLAND V.~rr~'C. ABLA'V~ION Unaudited: see inaependent accountants' mpon on a~r:ed-upon limited procedur:s review. -12- SCHEDULE 5 CITY OF TE1VIECULA FORM 393, AS REVISED BY DIEIlL, EVANS AND COMPANY CLTNAUDITED) FILE NAJMfI::' I:'d994~AC~91~31.V/K1 FCC 393 - PART I REQUEST FOR CABLE RATE APPROVAL COVER SHEET Community Unit Identification Code CA Name of Cable Operator INLAND VAI-I-EY CABLEVISION Mailing Address Date: 21 -- Sep - 94 City Pcrson to contact regarding this form State ZIP Code Telephone Fax Number Local Franchising Authority (jl'fY OF TEMECULA Mailing Addtress City ~e ZIP Code This form is being filed with respect to: [~ Insic rate regulation cable prO~t'ammln~ service rate regulation If this form is being filed in response to a complaint about your cable programre;rig service rates, 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 calculated your actual and permitted rates. FOR BASIC SERVICE TIER AND EQUIPMENT ** Program Service Rate (1) Number of chaancls in basic service tier (9) Curreut rate for basic service tier: (do not include any ~'anchise fees) (3) Maximum permitted per channel rate: (from Line 600, Part II) (4) Maximum permitted rate for basic service tier (exclusive of auy franchise fee): (multiVlv (1') bv (3) above) 23 $11.82 $0.507 $11.66 Note: If your current rate for the basic service tier (entry 2) exceeds the roaMmum permitted rate for that tier (entry 4), you must submit a cost-of-service showing or your basic service rate will be reduced to the maximum permitted level shown in entry 4. Franchise fees have been excluded from this anai~is in order to compare your monthly rate for the basic service tier to the maximum permitted level. whether you itemize them or not, any franchise fees you pay for the basic servic~ tier should be added to your monthly rate as part of the service when billing your su~cribevs. See 47 C.F.R. Section 76.985. EQUIPMENT AND INSTALLATION RATES Note: Your equipment and installation rates for the basic ser~ce tier must not be included in your program service rate for that tier, but rather must be completely unbundied. In addition, those equipment and installation rates must not exceed your actu' cos~ including a reasonable profit. The method for unbundling your equipment and installation rate~ fxom the basic service programming rate, (if necessary), and for determining your permitted equipment and installation rate~, is pruscribed in PART (unbundIing) 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 lower. (1) Charges for basic service instatlations* (from Lines 6 or 7 of Equipment and Installation Worksheet) {a) Hourly rate OR (b) Average instalhtion charges: I. lustatlation of unwlred homes 2. Iusta]Jation of presstired homes 3. Installation of additional connetion at time of initial instalhtion 4. Instalhtion of additional connections requiring separate instalhtion 5. Other installations (specify) TRIP CHARGE NEW INSTALL-UNDERGROUND Item 3 (2) Chargrforchanging tiers (if auy) (from Line 29, 30,or 31 of Equipment and Installation Worksheet) (3) Monthly charge for leas~ of remote controis (from Line 21 in Equipment and Installation Worksheet) Remote control type 1: Remote control type 2: Remote control typ~ 3: (4) Monthly charge for lease of converter boxes (from Line 14 in Equipment and lustallation Worksheet) Conwrter box typ~ 1: Converter box type 2: Conyerror box type 3: (5) Monthly charge for lease of other equipment (from Line 28 in Equipment and Iosm._ll~tiou WorBheet~ Other equipment (specify) Other 2: AUtUAL PERM~'rrP, D 'RECOMMENDED $44.50 $4,!..52 $44.50 ~:.~::~i:::!::.~:i::::?:~:.iii?::~:.::!i~i!~!~:!:;:.:!:;~::~!;i:~:!i::!!?::i.:.~i.~!::!.!i!!:~!: ~:::i:~ ::~:~ ;;":::~:' ::: :.: $44.50 $~,;.52 $44.50 $29.82 $29.83 $29.82 $11.13 $11.13 $11.13 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 i $o.soi $0.32 $2.55 $2.34 $2.34 If you have further charges for additional connections beyond those reflected in your mtaBation charge, attach a sheet explaining your calculations and setting forth those additional charges. SEE Note to Equipment and last~llntion Worksheet instructions in PART III of this form. (D -, = FCC FORM 393 -- PART III WORKSHEET FOR CALCULATING EQUIPMENT AND INSTALLATION CHARGES Cable C~perator Name: INLAND VALLEY CABLEVISION Franchise Authmity: Commuhity Unit ID (CUID): 'Date: 21 -Sep-94 CITY OF TEMECULA Line 1. Line 2. Une 3. line 4. Line 5. Step A. Hourly Service Charge Annu~ cost of muintcnznce snd installation o[ cable facifities and Scrvicc~ (exclude purchase cost of consumer equipment) (Bctt 1 of Schedule A + Bent 2 of SChedule B) Customer equipment and installation perenrage (attach explanation) Annual customer equipment maintenance and installation costs, exciudinS cost of lc&tm:l equipment (Line l · Line 2) Total labor horn for maintenance and installation of cantomet equipment and sel~c~ (attach explanation) Hourly sen'ice charge (HSC) (Line 3/Line 4) $193,517 67.0% $129,657 2,912 line 6, OR Line 7. Step B. Installation charge Uniform HSC for all installations (insert amount from Line 5) Average charge for instillsLion type (See schcduie D for average insl~dlstion chsrge calc~afions) z. Unwired home instuilation(ScheduleD. Linez..2) b. Prewired home inszsllstion (SChedule D, Line 2.b) c. Additional connection installation at time of initial installation (SChedule D, Line d. Additionaiconnectioninstuilationrequiringseparateinsafiation (Schetiuie D, Line e. Otber insasllations(specify:(ScbetidieD, Line e.2) Item I Unwired home installation underground Item 2 Item 3 1 22.26 0.00 0.00 0.00 Step C. Charges for Licensed Remotes (Calculate separately for each significant different type and attach additional sheets as necktory) Line 8. Line 9. Line 10. Line 11. Line 12. Line 13. Line 14. Annual capital costs (Col. J of SChedule C) Total maintenance/service hours (attach explanation) Total maintenance/service ~ost (Line ~ · Line 9) Total cost of remote (Line 8 -+- Line I0) Number of units in service (CoL I of Schedule C) Unit cost (Line ll/Line 12) Rate per month (Line 13/12 months) Remote 1 I Remote 2 5 766 ~ 0 1041 0 4,631 I 0 10,396 t 0 2,725 j 0 3.8151 0.000 0.3181 0 FCO FORM 393 - PART III, Page 2 Step D. Charges for Leased Converter Boxes ',Calculate scparatlcy for each significantly differnet type and attach additional shccta as necessary) Line 15. Line 16. Line 17. Line 18. Line 19. Une 20 Line 21 Annual capital costs (Col. J or Schedule C) Total maintenance/service hours (attach explanation) Total maintenance/service cost (Zinc 5 x Zinc 16) Total cos% of cenverter bcog (llne 15 + Line 17) Number of units in actwire (Cot. l of Schedule C) Unit cost (Ljne 18/Linc tg) Rate per month (l lnc 20/12 months) Type 1 62,682 1 78,574 2,725 28.100 2,342 Type 2 I 0~ 01 Line 2,2. Line 23. Line 24. Line 25. Line 26. Line 27, Line 28. Step E. Charges for Other Leased Equipment Annual capital costs (Col. JoE Schedule C) Total maintcnanre/scr~icc hours (attach explanation) Total maintenance/s~rvice cost (Line 5 x Line 23) Total cost oE converter box (Linc 22 +Linc 23) N umber of uaiLs in service Or # Of subs. (Col, I nf Schedn le C) Unit cost (Line 25/zinc 26) Ratc per month (Line 27/12 months) ot o ol o ol o OI 0 Ot 0 ol o Oj 0 Step F. Charges for Changing Service Tiers or Equipment Line 29. Nominal charge for cbanSjn8 sctvice tiers OR Line 30. Uniform HSC for cban~ing sen, ire ticrs (Linc 5) OR Line 31. Avg. charge for chan~ing service tiers (Line 5 x Av8. hottrs to change tiers) Step G. Franchisc Area Monthly Equipment and Installation Costs for Adjnstm¢nt of Rcgttahed Service Line 32, Line 33, Line 34, Annual customer e~luipmcnt and instatlation co~ts (Line 3 + Bat 3 of Sched. C) Adjustment of Line 32 to franchise area ieveh See instructions Attach explanation of adjustment method. Monthly equipment and installation COst (Zinc 33/12 months). Enter on Worksheet ~, Zine 301, 198,104 I 198,104 16,509 FCC FORM 393 - PART 111 SCHEDULE D AVERAGE INSTALLATION CHARGES Cable Operator Name: INLAND VALLEY CABLEV~SION Franchise Authority:, CITY OF TEMECULA Commuaity Ualt ID (CUID): 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 Instalation 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 after Initial Installation: 1. Average Hoursper Additional Connection (attach explanal~on) 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 (attach 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 of the Worksheet for C~lculating Equipment and Installation Charges (Page 25 of FCC Form 393). 1,00 44.52 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~ACCTG\88789fc3 FCC FORM 393 - PART III SCHEDULE A CAPITAL COSTS OF SERVICE INSTALLATION & MAINTENANCE OF EQUIPMENT 11.25% G A B C D E F Federal State Equipment Groxs Book Aocum Deferred Net Book Return on Income Income DeFt Taxes B-(C+D) Inve~tmenl Tax Tat Vehicies 30.ro2 16208 0 13,814 I,~54 0 Toois 6,,3i~ 2,614 3,694 416 Maintenance Facility 59,282 Drops Other 591,480 TOTAL 687~)2 12,022 0 47,260 5317 0 193,365 398,115 44,788 224209 0 462.883 52,074 H Cunent j Provision for Total Depreciation (add F,G,H) 0 5,752 7,306 631 1,047 0 0 3,100 8,417 0 56,194 100,982 0 65,677 117,751 BOX 1 SCHEDULE B ANNUAL OPERATING EXPENSES FOR SERVICE XN-{TALLATION & MAINTENANCE OF EQUIPMENT (Ezdudin8 Depreei=tion) Box 2 A B C Equipment Gross Book A<x:um Depr Remote I 21,703 Remote 2 Remote 3 Cony. B~x 327.000 Cony. Box 2 Cony. Box 31 , Other l Other I ' TOTAL 348.703 9,0~ 60,495 SCHFnULE C CAPITAL COSTS OF LEASED CUSTOMER EQUIPMENT Tatu D E F Fedml State Deferred Net Book Return on Income Incomc Tats B-(C+D) lnveumem Tat Tat 0 12,665 1,425 0 0 266,'i05 29,982 0 H Current Total # J Provision for of u~its Toni Depreciation in s~rvice (add F.G,H) 0 4341 2,72~ 5.766 ~ 0 I 0 0 32,700 j 2,725 ! 62,~ 0 0 69,~33 279,170 31,407 0 37,041 5,450 { 08,448 Box 3 I~,01 Von ~ Aw, S'-~,,,200 I~, Ci~' otrTn'rw',le l. TIm P,~mrt ,n-ddm that Wmezn tx{Hfind 37 dannds mh~ d'mn 36 d-m-zsds Se~3O, lg~2. Amax~sd'.,it has d~iv~&l~v~tl~rdnmnd benci=nark. OctoM 6, mtmoCla cfiz~mmcd to muMai~m. zmvmam venm mpplkl to~b~,tmlilcm cmear a Fir~' t'~..- m l~,,~e41~,~tt 9 ~ M 11G4 at ¶1o7 (Ig93). Winera bah dm the ,~akhdgFCChmidemifa~mthe,5;d~ ,imhipgmmk~itaxvut,i~shooldbc:ll~mr.~dm an~mmml. Tbo~ll~mim~mtm~mmm~a~lmymmttobeitycammnotm~t, mcac:~ab- cmmulsmthci,,mialdmot't~ation. ThisisqslarettyTomedmamm'eadinioethc mcleclcd by cl,mm'gt ~ a' miniIra' dmmiBMmtm~. Ctmr, M~ m rim. e~{, ~'auc,Drmidm~bmmu~,th~axsm=~.." Iu 13, IVg]), the Cmmlrilmkm.'m'rm,'d_: "Oivu,.lt~ m,'et'l$1~{:t'uamm invuive~, m T. 5.b. Af:~ilinclO4~qu~re~enu~oq, mlllm~)lisr~na:amy til]l MarBen llmP. m~mlso"~ms"~nur~rofmmimens~a:m~lsm"~lm~sby l~%i~t~rmocxplmlllenmmlL 'r~snmofhotrllep~mtbeFetm3c~Jw~etakcn cc: j Joimnie Giles -~- CERI'I~ C~S!~3~ Ljulie Ckn~.hetd~ctrlify. that ihtvc ttiia_d~Y of Oca~r, a ~ of mc fnte~i~ m be d.iivemi by fttst clms nail, proage l~-~ia to th~ foll~vtni: Julia 1) 4) lieH ~TO:AB IN~B ,t 'illilllllllllllllllliiiilPlllllllllllJ. lllll! ]lJl i! W stern Communications M'RMORANDUM Tot Irllel Dout: Carl Bode0r [to, Converter Life Dstot August IS,1993 We curready have four different tyees of addressthee converters dots|eyed In the field In various quantities end colt~lurtdous. T, the early 19H'l tht Zestsh Z-tat techuolol? wiJ JustsHad In Concord TV Clbl~ La C~teas TV Cable, Monaroy TV Cable, add Western TV Cable. The ~-en|th converters m bMeba~:d 'scrsutblhil for proSram jecurlgy. Tab form of teensolely m loaf been comprombed and is no Ionlet acute. In other wordS, the Ztnith Z~-tmc 11 J technically obsolete device, IqlU theBib it in Still funtalent Ud usable, WhH the Hawaii eyem was perthMud from Coeke Cablevision, they were usjml Jetreid Toeout addressthis converters In Hawaii i(ni, Moleks/. and LaasL Here uSain, tbb is o buthand serumbitsI aptam and il technically obtoleu. addresnbH!ty was reeled out on the binnd of Maul. tat decision we usaale to ues the newer more secure tuanoinly found in tile Paoliear BA-63:10. The raftabillty ha bun found to its very with tile unit and If Silo quite seelife, hj eddvescob!lty was intrudered &t Inland Volley Cablevision and Venture County Cablevision, both lyeurea chose to use the Silenttrio AShman SA-SdO0 unit, Tilb converter is state-of-the- art re, secure end vetMy reliable type of device. It would be my recommendation tat Ioinl forward. we depreciate tile newer suchnearly eouverlorl over o ten (tO) yeor lib, and the oilier fecundidly .n~ts over the curroot five year fife, . This well more ac=uratdy refine wimt tim rail life situation lL Therefore, the Zenith Z-tag and Jarreid Toeout abets should Inert e five ).ear Itfel and the Pioneer BA.6310 and 9(40 units should have a tea year life. i~'~.P~ C & D. IQIZDVarm~T COl. C, RAYWID & !)I=~Vm"'PRMAN, L.L.Im. A'FrO~NCY~ AT mlXX)NCl ~O,l~, M,[NNIYLVAP,,~ AVINU~, ~ .W (lOll X'mmul Olim ~ areinKs) il.2l · ].lifted I~oadtas · me Con~] .M ! XNaTAT.&AII~N telSI (m:~ Oc*___':~_ X. lieS) · ffev Memmt B3.g3 29.87 19.14 T.?C3 22.ab 1S.B4 i4.11 7.fCI 11mmmmuM,, ~ laNO 118' $ 04Q 2m.mmpendmm wltlm,~m ~ mm¥ be mhk-mmmmd h~erm~ D, ...... ....k4wllm ~mlm ~. Im3m mm I..m .i, ~:: ?mme~qml bl',aZlrd laW. 345. a41. 341) 8 =:Yg~OgW~I dO Al~$ -VBOON9"B JO A!ZO : 9B:~L: ?6-ZZ-LL: IIIH X~TO:AB INgB V'e~l' ~av. Illlie1 Nmm~bar 1, lag4 in which Inland Valley cablevision {t~s "Companym) ham been asaemsml on its l)osmemSory In~t In ~m City By Vty Of ack~round, ~ Coalany has a a~rmm~tfft wJT~ ~e CIty cf Tm~la. ~ gttn~tme ~a~m ~ny ~ r~n~ to use ~e public m~rs~m and rifh~s wi~Jn~ cit~. ~e C~pany'm ri~ht~m~a~lio of 8a~ Dimes. T~c. v. Ccu~v ~, 182 ~l. ~p. 3d 368 t1986). On M~r 10, ~ ~ C a v~s ~ o~ntybmemmor met ~e 1909 ~M ym r ~lum ot ~e City Q4,EBJ,~XO. Xn ~lVi~ a~ ~e misses ~lua, C~ ~memmor used an ~ m~oaoh,.~ ~sed h~m valua~ e che.amm~p~on ~he C4malmmr~, would pay a 10% ftanctl~em ~mm (as rent tot the palesttory inCarest) za~her ~hm~a port, Job ot ~ S% ~tmnohlme fe a~ll~ ~LM paid. ~ mm~ nm dis~ vl~ ~M couLlmro~tlmd alone with a number oe other contested possesscry interest assessments, though a% a level ~n axeass of the Company,s position, trdl in exoese o~ r. he ~sxes prev~m,tsly pe~d. ;auL ~llst wave z Do~B~ No. e3-~8~, ~ g3-431, 9 Z,O.C. ~ 1164 at SlOT (1993)r assesuan~ is dia~r~ lZ ~ ~ ~:eres~ ~ax 18 "d~Zly ~iatM ~ ~blorl~: rev~m, mu~ aS ~e ~ ~ax Is opers=or,s inca for =he provision of ca~la service" ~ecaule Asseasor.~14 no~us, a por~ion ci the actual 5% franClie fee being pail ~o ~Ao City of Tmcula as the rez~t tot ~he p~ssess=ry ,~crl~ rmnum. 8~1~ ~0~.7(~) Gf =he~8 a~d Ta~=lo~ Code l~atll t~at ~e preferred valuation epprcech ~or cable television ~ssess~ tn~sts is =o aea po~ton of ~ a~ual frayhiss ~u u ~e eoo~c vent rail~e to 2 so My ru~l~ &~ rel&=lcns~tps and going esncern value. RSV, G Tax, Code kcUlon 107,7(d3. XC m alsc been held bytes california Co~ ot ~peal ~at~ fra~iM fM~ys for two rl~s, ~a~le~s~seo~ inCarat ~ ~ ~xable ri~= to d~ ~m~s., county a~ ., (1829). If EhmAeseseor a~telF~s~oaesign r~value ~c pg'ei~rcy, l~h an aeseammen~ msth~.ielo~'Z ~n ~ dlld lefrt~l~l.n Aku~ v, g~aaw ~m~v atom* .... ~ A~Mala ~, 1~ eal. ~. 4~ ?iS, 802, 903 (1993). In .~, ~mweseo~ Xn~et 8see~ ~8u1~ in ~he assesst of ~e value of · ~ ~rslde e~y ca =a~ ~ ~heir in~a~ible · mme~, the Pommm8~ %n~mrem~ amMmmn~ im m dim~i~ tax November 21, 1994 VIA FAX & U.S. MAYL 415 - 896-0236 Mr. Johnnil Giles Director of Governmental Affairs West Communication Rtncon Annexation Post Office ~ox 193942 Sen ~Tanctsco, CA 94119 Temecula Cable Television - Review of Form 393 establishing maximum permitted basic service tier and equipment and installa~ion rates Dear Johnnie: Bill Morgan and Z have carefully reviewed your letter of October 6, 1994, responding to our review of your Form 393 establishing the maximum basic service tier rates and equipment and installation charges for the City of Temeoula. We agree with some of your comments, but disagree with others. on ~hat basis Diehl, EVans prepared the enclosed revised Form 393, which incorporates the following ohsnges from the Form 393 that was included in Diehl, ~vans' "City of Temeoula Agreed Upon Limited Proceaures Review of Cable T.V. Rates as of September 21, 1994": 1. ~efore addressing speci[ic issues, I must note that our original September 21st analysis made several significant compromises. For example, Diehi, EVans was very o~iginal Form 393, it excluded travel time from the determination of lns~allation and repair hours. By doing so, it substantially reduced the ~-mher of labor hours, thereby increasing ~he effective hourly rate. While we believe this is an inappropriate practice, we were willing to accept it if it would avoid · ltng~y dlspu~e, .3RANGE: 2165.1 l~r. ~ohnnie Giles November 21, 1994 Page 2 Another example of our willingness to compromise was that we used the highest per unit purchase order amount ~o determine the gross hook value of converters: $120.00. However, had we averaged the man purchase orders of convertcars provided, a lower p~ce per unit would have resulted. 2. Pursuant to your request, we luxve reduced the n,~er of channels as of Sap=ember 1992, from 37 to 36, and increased the n~m~er of channels as of September 1993 from 43 to 44. However, although we a~ree to this change as part of a general settlement, we specifically do not a~ree with the September 1993 channel adjustment. In reviewing your September 1993 Channel Line Up, Channel 28 was listed as "To 2e A~nouAoed". Yon have since offered evidence ~t this was a community channel. However, I note that you have not provided a chsnnel programming schedule for September, October or November 1993. This suggests that Channel 28 was not programmed during this time period. More importanti , the Channel Line Up Card indicates to a subscriber~hat ~hYswasnota programmed channel. Consequently, it is still our view that the Septel~ber 1993 channel count should be 43, not 44, absent an' overall compromise. 3. We have still used the Tier 1 and Tier 2 rate cards as of the initial data of regulation, and not as of a prior date. In our view, when =he FCC referred Co not requiring the cable operator to "refresh" data, they were referring to other financial date such as cost of equipment and the like. On ~he o~er hand, r~he instructions are very clear that the rates to be used are the rates as of the initial date of regulation. 4. One area of significant dispute between our approach and your approach to the ~orm 393 is the number of remote controls and converters. In their September 21, 1994 anal sis, Diehl, Evans only counted the m~er of units in semite for purposes of de~erminin~ gross boom value. Under GAAP, the general rule is to compute "average costs based only on units in service, and not those in inventory. (Under GAAP, the nt~nber of unite to divide into total costs is derived hy taking haginning units in inventory, adding units purchased, less units in ending i~ventory.) Mr. Johnnle Giles November 21, 1994 Page 3 Your approach was to exclude inventory from the n--~er cf un~ts in service at Col-m~ I of Schedule C, Part III, ~u= to calc~xlate gross book at Column B of Schedule C based on the number of units in service RZJtl the number of Units Ln inventory. This is incorrect. According to your October Sth letter, "the unite in inventory should also be counted because customers are convertlanced by the ability of an operator to icedlately install service on request and to ieeediately replace unite while they are under repair or removed from service.e Xssm~LnV this is true, we have adjusted Schedule C of Part Ill, at Colons_us B and I, to include both units actually in customers homes and those ~n inventory. However, what we are not willing to do is to only count the ms~er of units in service as those in customers homes, but calculate gross book to include those in customers homes plus ~hose In inventory. This practice would result in an inflated price per unit. (Incidentall~, the adjusted number of units in service, 3,321, has also bee~ used a~ Pa~c IlI, Step C, Line 12, and Par~ IzZ, Step D, Line 19. ) 5. ~s to depreciatio~ schedules, we have always bee~ in agreement that converters would be depreciated over ten years. However, we main in disagreement over the depreciation schedule for remote controls. The evidence we were provided With from Inland ~ndicates tha~ the useful li~e of remote control units is ~tve years, not the years you proposed. 6. The last issue concerns treatment of the possesscry interest tax. The FCC#s F~rst Order on Recons~deration suggested at I 107 ~hat in certain circumstances, if the possesscry interest tax were calculated on intangibles, it could be passed through to subscribers. However, it is our opinion than such a pass- throuVh is inappropriate in this circumstance. First, for Fiscal Year 1993-94, according the County Assessor, the possesscry interest tax on the Teasouls franchise was $43~59.12. Based on 9,119 basic subscribers for the same period, this would result in a 80.395 per subscriber per month charge (243,259.12 divided by 9,119, divided by 12 s$0.395). Nowever, you actually charged Subscribers $0.46 per month. Second, assuming the tax was assessed on tangible and intangible assetS, this would only mean ~hat the portion Of the tax assessed on intangible assets could be passed Mr. Johnnie Giles November 21, 1994 Page 4 through to sttbscribers. A different formula not usin~ intangibles would still result in some lower tax, and this a~ot~t would not be passed through. However, you passed through the tax in its e~tirety. Third, the Riverside Assessor does not calculate the tax based on intangibles, because he is precluded from doing so pursuant to Revenue & Taxation Code ~ 107.7(d). Instead, ~he Assessor capitalizes the a~nual rent, which is the recommended approach pursuant to § 107.7(~). To de=ereini~g a c~mpetitive re~t, the Assessor capitalized 10% of anticipated ~ross revenues. This resulted in an essexsad value for FY 93-94 of $9,074, 960. With a tax rate of approximately .0146822, this results in · possessory interest tax of approximately Fourth, Inland appealed this tax, and ultimately settled the appeal with the Assessor at $43,259.12 for FY 93-94. Conseq~aently, even if ~he original tax was improper under ~ 107 of the First Order on Reconsideration, the reduced tax is not. Rather, by settling the matter, Inland is now precluded from challenging the method of assessment as being based on intangible assets. Per all of the above reasons, we decline to permit m pass-through of =he possessor~ interest tax on =he For~ 393. We have made all of the above revisions on ~he enclosed Form 393. The effect of making the above revisions is to reduce ~he maXima permitted basic service tier rate to $11.39, from the then Current rate of $11.22, =he remote control charge to $0.42 from $0.50, and ~he converter charge to $2.26 from $2.59. (Note thst we originally recommended a reduction to $11.66, $0.32 and ~2.34 respectively.) Given that this ~mou~ts to a greater reduction than we originally proposed in the September 21st analysis, you may wish to consider accepting our ori~inal recommendation. Please contact me as soon as possible as to how you would like to proceed. For your information, the Agenda deadline for the November 29 meeting is November ~2, so I will need your response quickly if we hope to resolve this issue for the ~ex~ Council meeting. Kr. Johnnie Giles November 21, 1994 Page ~ Please feel free to call me If you should have any ~uestions or require any additional assistance. Thank you for your continuing cooperation and courtesy An this matter. Very truly yours, Scott F. Field, of B~RX~, WILLIAMS & SORENSZN cc: Grant Ystes, City of Temecula William Morgan, D~ehl Evans · Company Thcm~s Ungleub~ Inla~d Valley Paul Glist~ Esq. Rt~ ~A~m t.~994~c~iu~SvagFc:... ~, C') FCC 393 - PART I REQUEST FOR CABLE RATE APPROVAL COVER SHEET Community Unit lde,,tfficatioa Code CA 1Da~- N~nc of Cable Operator INLAND VALLEY CABlEVISION Ma~ing Address City ~ State Perso3~ to contact regardl,g this form 18 - Oct- 94 Telephone ] Fax Number Local Frauctxisiag Authority Cl tf OF TEMECULA MailmS Address City t State [ ZIP Co& CA This form is bniag/'aed with respect ~ basic ate regular[oat ~ finhie programming lurvlc~ tale regainlion If thas lonn is being filed in real~ouse to a comptabat about your cable pwgramming service rats, please snaeh · copy of the compialnt to this cowt sheet. 'The following sections are to be compjeted after you have rnaeci out the worhheets in PARTS II and III and calcutateci your actual attd p~tmitted rat~. FOR BASIC SERVICE TIER AND EQUIPMENT i Frogram Scrvice Rate · (1) Number of cl~n~is in basic servi~e der {2) Cu~nt ~te got ~s[c ~im tit: (~ ~t mdu~ say fna~e : (3) Ma~mum ~U~ per ~a~l ~te: (from L~e ~, h~ 11) (4) M~mum ~rmitt~ ~te for buic~ ~r (c~lusive ofany ~n~ fee): {muttivt? (1) ~ (3) 23 $11.82 $0.495 $11.39 Note: 1 [' your current rnte for the basic service tier (entry 2) exceeds the maaimum pertrutted rate for that tier (ent~4), you mgst subrnit a coat -of-service showi,mg or your basic service rate wilJ be reduced w the ffUtXiDIUm permitted level show~ in entry 4. Franchise ices have been excluclcd from this analysis in order to compare your monthly rate for the basic Service tier to the maximum permitted level. whether you itemize them or not, any franchise [ec.s you pay for the basic SeNice tier should be added to your monthly rate ms pan of the service when billling your subscribers. See 47 C.F.R. Section 76.985. EQUIPMENT AND INSTALLATION RATES Note: You r equipment and inure listion rates for the besjc scr~ce tier m~t lid be included in your program s:rvic¢ rate for ~a tie r, but raffisr must be complelely unbundled. In addition, those equipment sad inslalintioa rates must not exceed your saul costs including a r~asonable profit. The method for unbuadling your cq nipmeat sod instalhtion rates from ~e bask sex'vim pfo~grannning ra~c, (if necessary), and for determining your p~rmitted equipment and installation ratt~, is prescribed in PART (unbundiing) and PART ftl (rate-setti"2) of this form. F. nter in the spaces below the rate figures you havc c~lculstcd in PART of lilts form. Your xctuaJ basic scrvicc eq ~pment and installation charges may not ~xceed these rates, nithough they my be lower. (1) Char~,~s for basic service matalia lions* (from Li~e,s 6 or ? of .F..quipmcnt land Installation Workshcct) (a) Hourly rate OR (b) Ave~ installation ch~r~: 1. Installation of unwired homes 2. lnstalintlonofprewiredhomes 3. lnstallationofadditionalconnetionattimeof initial instslhtion 4. Installstionofadditlonsloonnectlons requiring separnte insUllatlon 5. Otherinstsiintlons(speclfy) TRIP CtlAROE NEW INSTALL-UNDERGROUND item 3 (2) Char~,e for ~henginI tiers (if any) (from llne 30,or 31 of Eqkfi~ment and lns~.lLg. tlon Wod~she~t) (3) Monthly charp for lease of ren~,te controls Line 21 in Equipment &nd Installation Work'.~hccO Remote control ~e 1: _Remote control type Rolltote control u/pe ]: (4} Monthly chsr~c ~or luase of conycrier boxes (from _Line 14 in Equipment and lnstalhitlon Work'shell) Converter box ty~ 1: _Converter box type 2: Converter box ~ 3: ctzr tcr Ica c of 0thor equipment (lr0m Line 28 in Equipment and Installation Worksheet) Other equipment (specibj) Other 2~ $29.82 $29.83 $29.82j $11.13 $11.13 $1t.13 $22.25 $22.26 $22.25 , $0.00 $0.00 $O. OO $0.00 $0.00 $0.00 $0.00 ~ $0.00 $0.00 $0.50 $0.42! $0.42 t. ~:-~: . . - , . ·. ......... ;: .... :,;: · . ~; .. · .: ':: d~:: ,.:;:, ....:. .,-,.~ $2.~ $2.~ If you have further charges for udditlo~ai eonneaions beyond those reflected in your inst~llatlon charge, 'attach a sheet exphinlng your calcul:,tions and setting forth those additional chnrgus. SEE Note to Equipment and tnstnllatiou Worksheel instructions in PART IIi of this form. .' 6~ 'd e~99SSLHL 'ON X~J ~SH~ ~ISOO S~8 6E:E[ HPl ~8-g~-AON Nine 4. ~ Line 5- FCC FORM 393 - PART III WORKSHEET FOR CALCULATINel EQUIPMENT AND INSTALLATION CHARGES INLAND VAII FY CABLEV181ON ~CITY OF TEMECULA Step A. Hourly Service Charge and Service (eatdude purJ~ele gem& O[ Coatlume, r eqaipme nt) Cairomet ¢quipatlnt aM iaaaUatior pcrenlalc (/Macit e~plenatioe) ~oBni cgitomgr quipmeat Ir,~iatenam and inllatlalion eztludinl ~t o( leaced equipment (Line I x Lie Total Iab~ h~ufl ~r r~ljnteelnce mad imla~l don d comemet ect~lpmem sat~ slftlce (attach SIpS. MaleS) Haurly strvic~ cheese (HSC) (Line 3/Liec 4) Community Unit lED (CULL1): Date: 1B-Oct-94 $t :7:! $129.657. 2.912 I fine 6, OR Line 7. Step B, Installation charge Uni.rorm I.{SC tot ell inllllla,;ofil (iluert leovet from l Jan ~) Av~te,~e cbule for iatllllktiOn type (Sea= gJ~cdutc D for :v~lSe i~zll laden c~p ~[cuJ&doQ) a. Unw~homei~lJozion(~h~duicD, Uaet2) b. (~cdule D. Uae e. O~kr i~lia~o~ (s~[~ (khedu~ D. hem I Uwirc~ home J~s~ 29 11,~, 22,26 0,001 0,00 Step C. Charge for Licensed Rimotis -. I Line 8. ! Line 9. une 0. (Lkle11. AuuaJ fapit&l Talal mnintenanoe/servlee houu (&tta~'t IIlmlmm~on) Tot&l maiattenan~/ler,~ee eolt (r ;nc ~ x Line 9) Tome COIl e~ reinate (Un~ 8 + Lint tO) Numtp~' Unit r~mt Line 14,,_ RIte per manlit (Line 13/12 months) 104i 4,63t J C 6,907 ~ 0 3,-q2t I O 5.091 I 0.000 0.424 ~ 0 FCC FORM 393 - PART IlL Page 2 Step D. Charge for Lea~ecl Conyeller Boxes (CaJcldatc neplrl/|gy fro' caek sil;~JAPmaadF dJ/feroet &Tpe sad Iilack &dd|tlonal sbcets as eeCllllf~) 'lLjrle 15, Annual ca, phiJ P, mls (CoL J oE ~chedule C) Line 16. TNal maintnueoe/~rviec hOun (sUach mqd&lo, tloa) Lithe17. Re 18, Tmai east o( conytriM hag (Unn 1~ + line LT) I Lkne 19. Number or urdtl Line 20 Line 21 I~ per ntoudt (L,i=e 20/12 momha) Type 1 r Type 2 76,0651 0 13,892 1 0 0 69.9S7 1 O 27.067 2.257 Line 24. Line 25. ~Line 26. Line 27 t Line 28. Step E. Charges for Offier Leased Equipment Annel/Ca;ilal COI[$ (CoL J c~ 5~eduje C) To~l mai~e~/H~ hours (atmC~ ~aMliOn) To~ mlnie~ m (Une 3 z UM Toz~ ~n or con~w bm (Uric ~ + UA= 23~ Numb~ ~ u~ m ~ ~ · OESUbL (CoL I d ~ule C) ~scc ~ me, oh ~nc 27IIZ months) 0 0 0 0 0 0 04 el Stop F, Chorgeo for Changing Service Tiers or Equipment Line 29. Nominal c,~mr~c for cba~iml settee tiers ~ ~e 30. ~ni~m HSC tar ~EIn~ e~e ti~i (U~O ~) ~ L;Re 31, ~vl, c~rgc f~ ~nl s~cc tiers (~nc ~ x A~. hoa~ m cha ale duiL o el ~ep G, Franchise Arc& MootMy F.,qmlpmemg &rod loslallslioo Coma for Ad,tusLmcu( ot Y, efo$iLed s=enricC Line 32. Line 33. Line 34. ,*ulnuit cuSlOmer eqUipment end iealali.t~on r4sLI (T jn= 3 + BC~ 3 aE,S~hcd. C) 217,g99; 1 217,999~ 18,1671 FILENAME h\Ig94~ACCTG%88769fc, FCC FORM 393 - PART III SCHEDULE A CAPITAL COSTS OF SERVICE INSTALLATION & MAINTENANCE OF EQUIPMENT A 8C 8qtdpmen! ! (}roll leoOk ArCMe ',/chicle[ 30,032 16.208 To~s I 6.30~ iv[aintcna..,ce! Facilhy .,9.282 Dfopi TOTAL 6i7,o~2 j 2243.o~ 11.25% O E F Tun ) 0 13J14 r XJ54 3.~ j 416 0 47,~0 J ~.317 0 J 46~831 G Tu TI 0j SCHEDULE B ANNUAL OPeRATZNG EXPENSB-w FOR JBKVIC~ IN'STAIJ_~,.1'[ON · MAINTENANCE OF EQUIPI,(ENT (EIdLtdinI Dep~cdldlan) BOX 2 SCHEDULE C CAPITAL COSTS OF LEASED CUSTOMER EQUIPMENT A B C F_,quiprn,~nt i GrNs Book Ac~um Remote , ZI,?0] ~ 9,0'ut I Remote 2 I Rcmote .I Co~v. Bo~ 1 ~ 35~,~3 j &0.49.~ I Cony, Bo~ 2 I Conv, Bos 3 i Other r Other ~'~.,TA L 4 1 l,f~6 i 69,.~33 [ G Sta~ Tax Tat O{ 0 o( I 3,.~! m.:u, { J add F.G.N) 0 76,0~ 0 0 88342 l Be~ S FCC FORM 89,1 - PART III SCHEDULE D AVERAGE INSTALLATION CHARGES Corn muad~y Uml~ ID (CUID): Date: 18-0¢~-94 Thje form is being filed for: Has~c T~er ~Ceble Programming Service b. C, d, Unwired Home InmMtion: 1, Average HmJrl per Installation (ett~P..tt explanetion) 2. Unwimcl Home Ins~NNion Charge {Line L1 x NeD) Prww~rsd Home Insla/latk~n: 1, Avar'd, ge Hour~ pet installation (attach explanation.) 2, PrswirecI Home Ins~Jal~on Char ~Lino h,1 X HSC) Additional Conne<XiOf~ tl~tNisti0n ,,~qP'ru~(Le of Initial Inmllation: Additional Connection InstallSti0n after Initial Instml~tion; 1, Average Hours per Additional Conne~ton (e41~ch explanation) ~-. A~d'~tionai Conneetlon-~;ep~mte Insl~lation Charge (Line d.1 x HSC) Other inlt~lla. tion (by Item Type): Unwlred Home Inelallation: 1. Average Hourl per Additional installation (attach expjana~ion) 2, Item 1 In~lNation CharGe (Line e. t v HSC) Tall} Charge 3, Average Hours perAdditionet lnst~llalion(atlach explanation) 4. Item 2 Insrelation Gharge (Line e,3 X H~C) 5. Average Hours per Additionill Installation (atl~eh explanatiotl} 6. Item 3 Instllatkan Charge (Une · .5 x HSC) 7. Average Hours per AOdltionN Inmllatio~q (attach explanation} 8. item 4, Inlt~kati~ Charge (Line e,7 x HSG) Note: For HSC (Hourly $CIW~ce Clutrle),usc samoael hm L,jee .~ ot the W~kebet [or ~abtleg 1.00 44 .S2 0.67' 29.83 0,25 11.13 0,0 0,00' 0,0 0,00 Frmlchisee Total of NumDer of Channels F_~2346 Total of Satellite Channels 1 st Calculation: Number of Channels 35 Number of Satellites 20 Benchmark Rate I _ 0,6070~ less Total of Number of Channels I 361 Total of Satellite Channels 24t 2nd Calculation: Number cf Channels Number of Satellites 35 25 Benchmark Rate ! 0.621 01 less 3rcl Calculation: Results of 2nci Calculation: Results of 1 st Ce. lculation: I:\1994\ACCTG~FCC393 -4 40 20 0.539O I Divide by Multiply by Increment Subtracted from 40 25 [ 0.5510j Divide by Multiply by Increment Subtracted from Difference Divide by Muffply by Increment Plus 6 1 0.0136 0.6070 0,59~H. 0.0700 5 1 0,0140 0.621 0 0.6070~ O. 6070 J 0.5934 ! 0.0136 I 5 4 0,01091 0.59~4; 0,6043 If 36 \ 20 36\ 25 36\ 25 36\ 20 '36 \ 24 Cable Operator J INLAND Franchisee f CITY OF TEMECULA ~1 of Number of Channels ~ ota~ of Satellite Channels 1st Calculation: Number of Channels Number of Satellites Bencinmark Rate { 40 25 Total ef Number of Channels Total of Satellite ChanneLs 2ncl Calculation: ~' bet of Channels 40 I Jet of Satellites 30 Benchmark Rate ~ 0.5620 3rd Calculation: Results of 2nd Calculation: ResuIls cf 1 st Calculation: 1:\1994~ACCTG\FCC393-4 45 25 0,551 01 less I 0,4970 28 less I Divide by Multiply by Increment Subtracted from 45 30 Divicle by Multiply by Increment Subtracted from Difference Divide by Multiply by Increment Plus o. os~o 4 5 4 o. o432l 0.5510 ~ 0.5~8; 5 4 0.0448j 0.5~OZ 0.5172] o.soTsl 0.S134~t 44\ 25 44\ 30 44\ 30 44\ 25 ~4\ 28 TYPE P, Ot ~ }~0V-~1-84 ~ 15:D5 x TO: FROM: DATE: SUBJECT: CITY MANAGER~.~!~/~ CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Director of Planning ~'>~' November 29, 1994 Vesting Tentative Tract Map No. 25063 and Change of Zone No. 5598 Prepared By: Craig D. Ruiz, Assistant Planner RECOMMENDATION: The Planning Commission recommends that the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 94-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING VESTING TENTATIVE TRACT MAP NO. 25063 TO SUBDIVIDE A 20 ACRE PARCEL INTO 68 SINGLE FAMILY LOTS AND ONE OPEN SPACE LOT LOCATED ON THE SOUTH SIDE OF NICOLAS ROAD APPROXIMATELY 2,000 FEET EAST OF CALLE GIRASOL AND KNOWN AS ASSESSOR'S PARCEL NO. 914480-005 Adopt a resolution entitled: RESOLUTION NO. 94--- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING CHANGE OF ZONE NO. 5596TO CHANGE THE EXISTING ZONING OF R-A-2~ (RESIDENTIAL AGRICULTURAL 2~ ACRE MINIMUM PARCEL SIZE) TO R-1 (SINGLE FAMILY DWELLING) AND R-5 (OPEN SPACE) ON A 20 ACRE PARCEL LOCATED ON THE SOUTH SIDE OF NICOLAS ROAD APPROXIMATELY 2,000 FEET EAST OF CALLE GIRASOL AND KNOWN AS ASSESSOR'S PARCEL NO. 914480-005 BACKGROUND This project was originally filed with the County of Riverside in September of 1989 and subsequently transferred to the City in November of 1990. The project proposes to subdivide a 20 acre parcel into 68 residential parcels and 1 open space parcel. The subdivision will require a change of zone from R-A~2~ (Rural Residential, 2~ minimum parcel size) to R-1 (Single Family) and R-5 (Open Space). In November of 1991, staff recommended to the Planning Commission that the project be denied due to concerns relative to the intensity of the development and the compatibility with surrounding development. The Commission chose to continue the item off-calendar at the request of the applicant. Since 1991, the applicant of record has made no attempt to continue processing this application. Due to the lack of activity, and the fact that the project is now inconsistent with the General Plan land use designation of Very Low Residential, staff recommended to the Planning Commission at their July, 1994 meeting that the project be denied. Prior to the July meeting, staff was contacted by a potential new owner of the property who requested and received a continuance to allow for additional review of the project. At the September 19, 1994 meeting, the commission recommended by a 4-0 vote (with one Commissioner absent) that the Council deny the project due to the lack of activity and General Plan inconsistency. FISCAL IMPACT None. Attachments: 2. 3. 4. 5. Resolution of Denial for Tract Map 25063 - Page 3 Resolution of Denial for Change of Zone No. 5598 - Page 7 Planning Commission Staff Report - September 19, 1994 - Page 11 Planning Commission Draft Minutes - September 19, 1994 - Page 12 Planning Commission Minutes - November 18, 1991 - Page 13 R;~TAPFP-J~.50~,CC 11/~1,~4 ~ 2 ATTACHMENT NO. 1 RESOLUTION NO. 94- RESOLUTION NO. A RESOLUTION OF ~ CITY COUNCIL OF THE CITY OF TEMECULA DENYING VESTING TENTATIVE TRACT MAP NO. 25063 TO SUBDIVIDE A 20 ACRE PARCh-t, INTO 68 SINGT,F, FAMILY LOTS AND ONE OPEN SPACE LOT LOCATED ON ~ SOUTH SIDE OF NICOLAS ROAD APPROXIMATELY 2,000 FEET EAST OF CALLE GIRASOL AND KNOWN AS ASSESSOR'S PARCEI, NO. 914-480-005 WI~'FREAS, David Mulvaney filed Vesting Tentative Tract Map No. 25063 in accordance with the Riverside County General Plan, Land Use and Subdivision Ordinances, which the City has adopted by reference; WBEREAS, the application for Vesting Tentative Tract Map No. 25063 was not processed in the time and manner prescribed by State and local law due to the applicant' s failure to make timely submittals; WI~REAS, the Planning Commission considered Vesting Tentative Tract Map No. 25063 on November 18, 1991, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WlltK~REAS, at the public hearing, the Commission continued Vesting Tentative Tract Map No. 25063 off-calendar; WHEREAS, the Planning Commission considered Vesting Tentative Tract Map No. 25063 on June 6, 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 in opposition; WHEREAS, at the public hearing, the item was continued to the July 18, 1994 Planning Commission meeting; WItEREAS, the Planning Commission considered Vesting Tentative Tract Map No. 25063 on July 18, 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 in opposition; WI~REAS, at the public hearing, the item was continued to the September 19, 1994 Planning Commission meeting; WHEREAS, the Planning Commission considered Vesting Tentative Tract Map No. 25063 on September 19, 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 in opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission denied Vesting Tentative Tract Map No. 25063; R:k~TA$.CC 11121/94 W~ERF_,AS, the City Council considered Vesting Tentative Tract Map No. 25063 on September 19, 1994, at a duly noticed public heating as proscribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; NOW, TItEREFORE, ~ CITY COUNCIL OF TIlE CITY OF TEMECULA DOES RV-~OLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are t~'ue and correct. Section 2. ~ The City Council in denying the proposed Tentative Map, makes the following findings, to wit: 1. The proposed use or action does not comply with all applicable requirements of state law and local ordinances due to the fact that the applicant failed to submit all required information in a timely manner. Thereforo, the project could not be deemed complete in accordance with State and local law, 2. Because the proposed density is inconsistent with the City's adopted General Plan, staff cannot make the finding that the project is consistent with the General Plan. Section 3. Environmental Compliance. Per Section 15270 of the California Environmental Quality Act (CEQA), CEQA does not apply to projects which a public agency disapproves. Therefore, no environmental determination was prepared for this project. Section 4. City Council Action. Based upon the findings set forth above and the evidence presented at the public hearing, the City Council hereby denies Vesting Tentative Tract Map No. 25063. Section 5. PASSED, APPROVED AND ADOPTED this 291h day of November, 1994. RON ROBERTS MAYOR ATTEST: June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) R:~'TAF'FRFrXl,.~.CC 11/21194 Irab 5 I I:[RRI~,By 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 29th day of November, 1994 by the foilowing vote of the Council: COUNCILlVlFmMBERS: NOES: COUNCILMEMBERS: COUNCILMEMBERS: JUNES. GREEK CITY CLERK R:kq'rAFFRFrI~e.CC 11/21/94 ATTACHMENT NO. 2 RESOLUTION NO. 94- RESOLUTION NO. 94.- A RESOLUTION OF ~ CITY COUNCIL OF THE CITY OF TElVIECULA DENYING CHANGE OF ZONE NO. :5~93 TO CHANGE ~ EXISTING ZONING OF RESIDENTIAL AGRICULTURAL 2% ACRE MINIMUM PARCEL SIZE TO SINGLE FAlVI~,Y DWFJJJNG AND OPEN SPACE ON A 20 ACRE PARCEL LOCATED ON THE SOUTH SIDE OF NICOLAS ROAD APPROXIMATELY 2,000 FEET EAST OF CALLE GIRASOL AND KNOWN AS ASSESSOR'S PARCEL NO. 914-480-005 WI~REAS, David Mulvaney filed Change of Zone No. 5593 in accordance with the Riverside County General PIE, Land Use and Subdivision Ordinances, which the City has adoptexl by reference; WI:tF~REAS, the Change of Zone application was not processed in the time and manner prescribed by State and local law due to the applicant's failure to make timely submittals; WI~REAS, the Planning Commission considered Change of Zone No. 5598 on November 18, 1991, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WHEREAS, at the public hearing, the Commission continued Change of Zone No. 5598 off-calendar; WHEREAS, the Planning Commission considered Change of Zone No. 5598 on June 6, 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 in opposition; WI~REAS, at the public hearing, Change of Zone No. 5598 was continued to the July 18, 1994 Planning Commission meeting; WHEREAS, the Planning Commission considered Change of Zone No. 5598 on July 18, 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 in opposition; WHEREAS, at the public hearing, Change of Zone No. 5598 was continued to the September 19, 1994 Planning Commission meeting; WItEREAS, the Planning Commission considered Change of Zone No. 5598 on September 19, 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 in opposition: WItEREAS, at the conclusion of the Commission hearing, the Commission denied Change of Zone No. 5598; R:~TAFFRFFaS0~.CC 11/11~ ~ 8 WHEREAS, the City Council considered Change of Zone No. 5598 on November 29, 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 in opposition; NOW, ~RE, ~ PLANNING COMMISSION OF THE CITY OF TF_,MECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are Wae and ~rrect. Section 2. ~ The Planning Commission, in denying the proposed Change of Zone, makes the following findings, to wit: 1. The proposed use or action does not comply with all applicable requirements of state law and local ordinances due to the fact that the applicant failed to submit all required information in a timely manner so that the project could not be deemed complete in accordance with State and local law. 2. Because the proposed zoning designations are inconsistent with the City's adopted General Plan, staff cannot make the finding that the project is consistent with the General Plan. Section 3. Environmental Compliance. Per Section 15270 of the California Environmental Quality Act (CEQA), CEQA does not apply to projects which a public agency disapproves. Therefore, no environmental determination was prepared for this project. Section 4. City Council. Based upon the findings set forth above and the evidence presented at the public hearing, the City Council hereby denies said application for Change of Zone No. 5593. Section 5. PASSED, APPROVED AND ADOPTED this 29th day of November, 1994. RON ROBERTS MAYOR ATfbST: June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) R:WrAFFRFI'~J0~.CC 11/21/94 klb 9 I HEREBY CERTWY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 291h day of November, 1994 by the following vote of the Council: COUNCILIvm, MBERS: NOES: COUNCILlvm~MBERS: ABSENT: COUNCILMI~,MBERS: JUNE S. GREEK CITY CLERK R:X~TAFFRFIX25063.CC 11r21/94 lab ~lO ATTACHMENT NO. 3 PLANNING COMMISSION STAFF REPORT - SEPTEMBER 19, 1994 R:~STA~.CC 11/21/94 ~rh 11 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION September 19, 1994 Vesting Tentative Tract Map No. 25063 and Change of Zone No, 5598 Prepared By: Craig D. Ruiz, Assistant Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: ADOPT Resolution No. 94- denying Vesting Tentative Tract Map No. 25063 based upon the Analysis and Findings contained in the Staff Report; and APPLICATION INFORMATION ADOPT Resolution No. 94- denying of Change of Zone No. 5598 based upon the Analysis and Findings contained in the Staff Report APPLICANT: David Mulvaney PROPOSAL: Subdivide 20 acres into 68 resioential lots and one open space lot and a Change of Zone ReQuest from R-A-2Y= (Residential Agricultural 2Y= acre minimum parcel size) to R-1 (One-Family Dwelling) and R-5 (Open Space). LOCATION: South side of Nicolas Road approximately 2000 feet east of Calle Girasol. EXISTING ZONING: R-A-2 ~ (Residential Agricultural-2 ~ acre minimum parcel size) SURROUNDING ZONING: North: South: East: West: R-A-21/= (Residential Agricultural, 21/2 acre minimum lot size) R-A-2¼ Residential Agricultural, 21/2 acre minimum lot size) R-A-2Y= (Residential Agricultural, 2~ acre minimum lot size) R-A-2~ (Residential Agricultural, 2~ acre minimum lot size) PROPOSED ZONING: R-1 (Single Family Residential, 7,200 square foot minimum lot size) and R-5 (Open Space) EXISTING LAND USE: Vacent R:~STAFFRPT~25063.PC3 9/14194 Idb SURROUNDING LAND USES: North: South: East: West: Large Lot Rural Residential (2~ acre minimum parcels) Large Lot Rural Residential (2~ acre minimum parcels) Large Lot Rural Residential (2~ acre minimum parcels) Large Lot Rural Residential (2~ acre minimum parcels) PROJECT STATISTICS GROSS AREA: TOTAL NUMBER OF LOTS: MINIMUM LOT SIZE: PROPOSED DENSITY: 20 acres 69 (68 residential lots and 1 open space lot) 7,200 square feet 3.4 dwelling units per acre BACKGROUND This project was originally filed with the Riverside County Planning Department on September 15, 1989. The project was transferred to the City of Temecula in May 1990. In November of 1991, staff recommended to the Planning Commission that this project be denied due to concerns relative to the intensity of the development and the compatibility with surrounding development. The Commission chose to continue the item off-calendar at the request of the applicant. Since that time, the applicant of record has not continued the processing of the application. On June 6, 1994, this item was before the Planning Commission. The item was continued to the July 18, 1994 Commission meeting to provide for additional public noticing. On July 18, 1994, the item was again before the Commission. Subsequent to the June 6 meeting and prior to the July 18 meeting, staff was informed that there was a new owner of the project who would submit a letter to the Commission requesting a continuance of this item. Staff elected to delay the noticing of the project until the continuance request was delivered. However, neither the new owner, nor their representative, has requested in writing that the item be continued or given a justification for an additional continuance. Further, the new owner has not attempted to meet with staff to re-start the processing of this project. Therefore, staff noticed the item for the September 19, 1994 meeting. PROJECT DESCRIPTION Vesting Tentative Tract Map No. 25063 is a proposed 68 lot residential subdivision and one open space/park lot on a 20acre parcel located on the south side of Nicolas Road east of Calle Girasol, This project has been filed in conjunction with Change of Zone No. 5598 requesting a change in zoning classification from R-A-2~ to R-1 and R-5 for the site, Approval of the attendant zone change request is required to establish the Vesting Tentative Tract Map as currently designed. ANALYSIS The proposed R-1 and R-5 zoning designations are inconsistent with the City's General Plan land use designation of Very Low Residential. The owner of record for the site has made no R:'~STAFFRPT%25063,pC3 9/14194. klb 2 attempt to continue the processing of the project over the past 35 months. Planning staff has attempted to contact the owner of record (see attached letter) to either withdraw the project or go forward to the Planning Commission with a recommendation of denial. The owner of record of the project has never responded to staff. Staff has been informed that there is a new owner of the project. The new owner's representative has requested that the project again be continued off-calendar. Due to the inconsistency with the General Plan, the fact that the project has been incomplete for almost three years and the lack of activity on the project over the past three years, staff recommends that the project be denied. Should the new owner wish to pursue a development project on this site, the new owner would need to file new applications with the Planning Department that are consistent with the City's General Plan. EXISTING ZONING AND GENERAL PLAN DESIGNATION The site is zoned R-A-2~ (Residential Agricultural, 2~ acre minimum lot size} and the General Plan Designation is Very Low Residential (.2-.4dwel}ing units per acre) and R-5 (Open Space}. The proposal is inconsistent with both the Zoning and General Plan Designation. ENVIRONMENTAL DETERMINATION Per Section 15270 of the California Environmental Quality Act (CEQA), CEQA does not apply to projects which a public agency disapproves. Therefore, no environmental analysis was performed for this project. SUMMARY/CONCLUSIONS The application has been incomplete for approximately 35 months. During this time the applicant\owner of record has made no attempt to continue the processing of the project. The project is inconsistent with the City's General Plan, Zoning Code and is not compatible with surrounding development in the area. It is for these reasons that staff is recommending the project be denied without prejudice, FINDINGS - Vesting Tentative Tract Map No. 25063 The proposed use or action does not comply with all applicable requirements of state law and local ordinances due to the fact that the applicant failed to submit all required information in a timely manner. therefore, the project could not be deemed complete in accordance with State and local law. The proposed density of 3.4 dwelling units per acre exceeds the General Plan Land Use Designation of .2 - .4 dwelling units per acre. Therefore, staff cannot make the necessary finding that the project is consistent with the General Plan. FINDINGS - Change of Zone No. 5598 The proposed use or action does not comply with all applicable requirements of state law and local ordinances due to the fact that the applicant failed to submit all required information in a timely manner. therefore, the project could not be deemed complete in accordance with State and local law. R:\~TAFFRPT~25083.PC3 9/14/~4 ldb 3 ATTACHMENT NO. 1 PC RESOLUTION NO. 94.-~ R:\STAFFRPT%25063.PC3 9/13194 Idb 5 PC RESOLU'I~ON NO. A RI~OLUTION OF ~ PLANNING COMMISSION OF ~ CITY OF TEMECULA DENYING VESTING TENTATIVE TRACT MAP NO. 2~063 TO SUBDIVIDE A 20 ACRE PARCEL INTO 68 SINGLE FAM~-Y LOTS AND ONE OPEN SPACE LOT LOCATED ON THE SOUTH SIDE OF NICOLAS ROAD APFROXIMATELY 2,000 FEET EAST OF C.&Y-I,E GIRASOL AND KNOWN AS ASSF_SSOR'S PARCEL NO. 914-480-005 ~, David .Muirahoy filed Vesting Tentative Tract Map No. 25063 in accordance with the Riverside County General Plan, hnd Use and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, the application for Vesting Tentative Tract Map No. 25063 was not processed in the time and manner prescribed by Stare and local hw due to the applicant's failure to make timely submittals; WHEREAS, the Planning Commission censidered Vesting Tentative Tract Map No. 25063 on November 18, 1991, at a duly noticed public hearing as presc. xibed by law, at which time intorested persons had an opportunity to testify either in support or in opposition; WHEREAS, at the public hearing, the Commission continued Vesting Tentative Tract Map No. 25063 off-calendar; WI:FEREAS, the Planning Commission considered Vesting Tentative Tract Map No. 25063 on June 6, 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 in opposition; WHEREAS, at the public hearing, the item was continued to the luly 18, 1994 Plmming Commission meeting; WHEREAS, the Planning Commission considered Vesting Tentative Tract Map No. 25063 on luly 18, 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 in opposition; ~, at the public hearing, the item was continued to the September 19, 1994 Planning Commission meeting; ~S, the Planning Commission considered Vesting Tentative Tract Map No. 25063 on September 19, 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 in opposition; NOW, ~ORE, TH'F. PLANNING COMMISSION OF THT~ CITY OF TEMECULA DOES RF~OLVE, DETERMINE AND ORDER AS FOLLOWS: R:\STAFFF~TX25083,pC3 9120/9¢ klb 6 Section 1. That the above recitations are l~-ue and correct. Section 2. ~ The Planning Commission, in denying the proposed Tentative Map, m~lt~s the following findings, to wit: (1) The proposed use or action does not comply with all applicable requirements of state hw and local ordinances due to the fact that the applicant failed to submit all required information in a timely manner. The~fore, the project could not be d~med complete in accordance with State and local hw. (2) Because the proposed density is inconsistent with the City's adopted General Plan, staff cannot make the finding that the project is consistent with the General Plan. Seaion 3. Bnvironmental Conlpliance. Per Section 15270 of the California Environmental Quality Act (CBQA), CBQA does not apply to pwjects which a public agency disapproves. Therefore, no environmental determination was prepared for this project. Section 4. Planning Commission Action. Based upon the findings set forth above and the evidence pr~rtted at the public hearing, the Planning Commission hereby denies Vesting Tentative Tract Map No. 25063, Section 5. PASSED, APPROVED AND ADOPTED this 19th day of Sept~mbcr, 1994. STEVEN F. FORD CHAIRMAN I RRRRRy CERTIYY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 19th day of September, 1994 by the following vote of the Commission: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: GARY THORNNT[J_ SECR.ETARY R:\STAFFPFr~50~a.PC3 9/20/94 klb 7 PC I~Y-~OLUTION NO. A RESOLUTION OF Tffg PLANNING CO1VIMBSION OF ~ crrY OF TEMECULA DENYING CHANGE OF ZONE NO. 5593 TO CHANGE ~ EXIgTING ZONING OF RESIDENTIAL AGRICULTURAL 2x~4 ACRE MINIMUM PARCRI. SIZE TO SINGLE FAMn.Y DW~'JI-~NG AND OPEN SPACE ON A 20 ACRE PARCEL LOCATED ON T~rR SOUTH SIDE OF NICOLAS ROAD APPROXIMATELY 2,000 FEET EAST OF C,~IJ-R GIRASOL AND KNOWN AS ASSE, SSOR'S PARCEL NO. 914-480-005 WI~'IEAS, David Mulvaney filed Change of Zone No. 5593 in accordance with the Riverside County General Plan, Land U~e and Subdivision Ordinances, which the City has adopted by reference; ~AS, the Change of Zone application was not processed in the time and manner prescribed by State and local law due to the applicant's failure w make timely submittals; WRmlEAS, the Planning Commission considered Change of Zone No. 5598 on November 18, 1991, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WltV-REAS, at the public hearing, the Commission continued Change of Zone No. 5598 off-calendar; W1TRREAS, the Planning Commission considered Change of Zone No. 5598 on June 6, 1994, at a duly noticed public hearing as presaibed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WRV-REAS, at the public hearing, Change of Zone No. 5598 was continued to the July 18, 1994 Planning Commission meeting; ~AS, the Planning Commission considered Change of Zone No. 5598 on luly 18, 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 in opposition; WRI~EAS, at the public hearing, Change of Zone No. 5598 was continued to the September 19, 1994 Planning Commission meeting; WI~.REAS, the Planning Commission considered Change of Zone No. 5598 on September 19, 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 in opposition; NOW, THRRRPORE, THE PLANNING COMMISSION OF ~ CITY OF IIMli;CLI.A DOES RESOLVE, DETERMINE AND ORDER AS FOIJI]WS: R:%STAFFRP'T't25063,pC3 9/20/94 klb 8 ATTACHMENT NO. 2 EXHIBITS R:~,STAFFRPT~5063.PC3 9/13194. kib 10 CITY OF TEMECULA CASE NO. - VESTING TENTATIVE TRACT MAP 25063 & CHANGE OF ZONE 5598 EXHIBIT- A VICINITY MAP PLANNING COMMISSION DATE - SEPTEMBER 19, 1994 R:~STAFFRPT~25063,PC3 9/1319~- kJb CITY OF TEMECULA i SITE OS EXHIBIT B - GENERAL PLAN MAP DESIGNATION - VERY LOW RESIDENTIAL (.2-.4 DU PER ACRE) EXHIBIT C - ZONING MAP DESIGNATION - R-R-2~ (RURAL RESIDENTIAL, 21/= ACRE MINIMUM LOT SIZE) CASE NO. - VESTING TENTATIVE TRACT MAP 25063 & CHANGE OF ZONE 5598 PLANNING COMMISSION DATE - SEPTEMBER 19, 1994. R:\STAFFRPT~25063.PC3 9/13/9.~ kJb ATTACHMENT NO. 3 L~ ~ I ER TO OWNER R:\STAFFRPT~25063.PC3 9/13/94 klb 11 s n 90 ' ., ~L .' March 22, 1994 1909} 694-1989 · FAX 1909} 694-1999 David Mulvany 316 Forest Avenue, Suite 205 Laguna Beach, CA 92651 Subject: Tentative Vesting Map No. 25063 Dear Mr. Mulvany: As you may recall, at the November 18, 1991 City of Temecula planning Commission meeting, you requested a continuation off calendar to allow you time to address issues associated with your application for Tentative Vesting Map No. 25063. To date, the City has not received a response from either you or your representative. ff you wish to process the above referenced map, you will need to re-f~e your application and pay the appropmte fees. Should you wish not to process the map, you will need to inform the City in writing of you intent to withdraw your previous application. ff the City does not receive a response from you by April 11, 1994, the application will be scheduled for the next planning Commission meeting with a recommendation of denial without prejudice. Should you have any questions about the above information, please call me at (909) 694- 6400. Sincerely, Assistant Planner cc: Larry Markham, Markham & Associates ATTACHMENT NO. 4 PLANNING COMMISSION DRAFT MINUTES - SEPTEMBER 19, 1994 R:\STAFFRIri'~5063.CC 11r21/9~ Ir~ 12 PLANNING COMMISSION MINUTES 7. DRAFT CH ae of Zone No, 26 Assistan lanner Matthew Fagan presented the Chairman Ford ned the pub ~c ,Ssioner seconded by Commissioner Slaven to close the public hearing and recomr Negative Declaration for Change of Zone No. 26 and Ad4 >lution No. 94-29 recommending the adoption of Ordinance No. 94- am map of the City of Temecula for Change of Zone Ap No."2E based on the analysis and findings contained in the staff report. The AYE,~ 4 0 ABSENT: I COMMISSIONERS: Blair Vestina Tract MaD No. 25063 and Chanae of Zone No, 5598 Director Thornhill advised the Commission the applicant has submitted a request for continuance on this item. Assistant Planner Matthew Fagan presented the staff report. He advised staff has received one letter in opposition to the proposed project from Alfred and Judith DeForrest and Conhie Miller. Chairman Ford opened the public hearing. Larry Markham, of Markham Associates, advised that the property is currently under ownership of the FDIC. He said the property is currently in escrow and the purchaser has been made aware of the general plan designation on the property and that staff is putting together a special study requirement. Mr. Markham requested a continuance off calendar until the special study has been completed. Director Thornhill advised that consultants have been interviewed for the special study of the Nicolas Valley area and staff anticipates it will take five to six months to complete the study, Jim Miller, 39355 Pourroy Road, Temecula, expressed his opposition to the proposed project densities. DRAFT PLANNING COMMISSION MINUTES SEFTEMBER 19, 1994 Mike KnowIron, 39130 Pale Vista Road, Temecula, expressed opposition to the proposed project density and presented a petition of opposition from the surrounding property owners. Commissioner Slaven said she understands the issue before both the property owners and the residents surrounding the property, however she said she supports staff's recommendation for denial. Commissioner Fahey said the proposed project is not in compliance with the General Plan and probably will not be in compliance as a result of the special study. It was moved by Commissioner Fahey, seconded by Commissioner Slaven to close the public hearing and Adopt Resolution No. 94-30 denying Vesting Tentative Tract Map No. 25063 and Adopt Resolution No. 94-31 denying Change of Zone No. 5598 based on the Analysis and Findings contained in the staff report. The motion carried as follows: AYES: 4 COMMISSIONERS: Fahey, Slaven, Webster, Ford NOES: 0 COMMISSIONERS: None ABSENT: I COMMISSIONERS: Blair ,,~PA94-0017 'lanning Director Gary Thornhill presented the staff report. their ;ioner Webster asked if the County has provided any the fees. regarding Director Thornhill the City has been in disa with the County regarding fees since ty's incorporation the position that once it incorporated and was the levels ~pments, the City should collect the fees. believes the clause that is contained in the Development Agreements negotiated with the County is improper. Assistant City position Attorney's office has to Development, that once ' develc said has been consistent in their to fees as a : contract law. The City the provisions of as it pertains incorporation and has determined the City is entitled to 100% of the He added that the agreed to provide funds to defend the City's the City defense of their position on the fees. Ford opened the public hearing. PCMINO9118194. 5 09128/)4 ATTACHMENT NO. 5 PLANNING COMMISSION DRAFT MINUTES- NOVEMBER 18, 1991 R:',STAFFRJr~25(}63.CC 11/21194 kib 13 remain a pole sign or a monument sign. the ~BSIONERCHINIAEFF suggested that staff work the applicant. Commissioner Chiniaeff adde icant needed to push to get the freeway from Cal Trans. that e DOUG With the resources at offered that staff would be wi!2 to work Licant and direct him to ~riate 1 Trans to look at the fre signs. CHAIRMAN moved to appro~ the spandr.!, removing the band 'on the side of the building and sign as was proposed with the exception lowering a height visible under the fro.way west on Highway 79 on a pedestal mount to based on the findings contained in report and make an additional finding that it consistent with the future general plan making at heights that are workable and in reasonak with state law and the sign that is )rop mt be a detriment or interfere with the g plan of the City, seconded by COMMIS~ FORD. AYES: 3 Ford, Leff, Mea~lane NOES: 0 None ABSENT: COMMISSIONERS: Blair I COMMISSIONERS: Fahey Fahey arrived at 6:25 P.M. and was no ~r ]idered absent. PUBLIC HEARING ITEMS 4. CHANGE OF ZONE NO. 5598 AND VESTING TENTATIVE TRACT NO. 25063 .1 Proposal to change zone classification from R-R-2 1/2 to R-1 and subdivide 20 acres into 68 residential lots and 1 open space lot. COMMISSIONER CHINIAEFF stepped down due to a conflict of interest. GARY TBOI~HILL advised that the applicant has requested a continuance to February 17, 1992, and staff is concerned with the length of time requested. He added that staff failed to see what compelling reasons .may PCMINll/18/91 -3- n/20/9~ PL~a~N~G CO~SS~OM NOVEMBER 18, 1991 exist in t_hat point in time that may not exist today that would change staff's reco~endation. C~ES PAY s~mmarized the staff report. C~l~HOAGI~opened the public hearing at 6:35 P.M. L~Y M3~, Mar~/~am & Associates, 41750 Winchester Road, Temecula, representing the applicant, advised that the project is having financial difficulties which has precluded proceeding foz~ard with the processing; however, there were also overriding general plan issues in the area involved. Mar. Markham added that this area had received several approvals for R-1 type densities and this was one of two projects in the area, the other sent back by the council to wait for the general plan. Mr. Mar~_ham stated that they expect the financial difficulties to be resolved in the next three months, which may coincide with the land use portion of the general plan and may offer some answers to the density guestions. S~vm DO~F. ES, 39055 Liefor Road, Temecula, supported the proposed zone change, and stated that R-1 is consistent with what his idea of the area would be. JOHN FLAHIPF, 39918 Amberly Circle, Temecula, pastor of the Christ Presbyterian Church that owns the property at the corner of Liefer and Nicolas, spoke in favor of the project and added that Tim Timmons, pastor of Rancho Christian Church, and pastor George Simmons, Temecula House of Praise, also supported the project. DENNIS FITZ, 39910 Jeffrey Heights Road, Temecula, overlooks the parcel, and spoke in opposition to the proposed project density. Mr. Fitz submitted a letter of opposition. COMMISSIO~TER FAH~Y stated that there were enough unanswered questions about what this area is going to look like to support the request for continuance; however, it is not certain that they will be answered enough by February to address this project beyond a denial. Com/nissioner Fahey moved to continue off calendar, at the request of the applicant, to February, seconded by CHAIRMEN HOAGLAND. COMMISSIONER PORD asked what were the consequences of a continuance and a time as far as the mapping process and being able to work out some of the questions and also as PCMINll/18/91 -4- 11/20/91 PLANNING COMMISSION MINUTES NOVEMBER 18, 1991 far as being able to look at the general plan. GARY THOI~N~ILL advised that he did not see any problem with a continuance; however, with past history in this area and the actions by the Commission and the Council, this project seemed inconsistent with respect to parcel size. ROBERT RIGHETTI stated that in the process of reviewing this project, staff did write-up a number of conditions on this project and explained them as follows, to give the Commission an idea of the magnitude of some of the improvements that would be associated with the project: all streets would be required to be improved fully within the boundaries of the subdivision; on the east and west side boundary lines, in the channel that is to traverse the property, engineering will require that a bridge be constructed in order to provide both primary and secondary access. That would require that two bridges be constructed within that subdivision; improvements to the channel along the park site which will require some substantial grading both on the boundary of this site and off; the drainage course that does traverse the project, about two thirds northerly, will require some off site improvements as well, in order to make this site work; the secondary access that would be provided to the east and then come back to the north to line up with Leifer Road would require working into the property next door; required project to provide paving all the way to the existing paving (Calle Medusa) that will require a substantial amount of off site work; if they do not provide onsite septic systems, they will have to provide offsite facilities, a sewer line. All of these requirements amount to a sizeable investment, which would have to be offset by the price of the homes. CHAIRMAN BOaGLAND stated that he would be willing to honor the applicant's request for a continuance; however, he added that he was reluctant making decisions on changes of zones prior to completion of the general plan. Chairman Hoagland added that he would support the continuance under the condition that it is the applicant's responsibility to bring the item back before the Commission. Additionally, Chairman Hoagland questioned the cost of processing the item over again. GARY THORNHILL stated that if the applicant does not substantially change the application, staff will process it; however, if the application substantially changes, then staff would look at reprocessing fees. PCMINll/18/91 -5- 11/20/91 PLANNTN3 COMMIBSION MINUTES NOVEMBER 18, 1991 COMMISSIONER FAHEY added that if the Commission doesn't have a clear direction on land uses in this area, she would hesitate to address zone changes for this area. AYES= 3 COMMISSIONERS= Fahey, Ford, Hoagland NOES: 0 COMMISSIONERS: None I~BSENT: 1 COMMISSIONERS: Blair ABSTAIN=I COMMISSIONERS: Chiniaeff CHAIRMAN CHINIAEFF rejoined the Commission. TELEVISION/RADIO I~NTENNA ORDINANCE d AYES: COMMISSIONERS= FHah/gfaI~rd, Chiniaeff, NOES= 0 C ISSIONERS: /None CHAI NOAGLANDo ened ~he ublic h ' t V'00 P M PCM~ll/18/91 -6- 11/20/91 ITEM 14 ITEM 13 TO: FROM: DATE: SUBJECT: CITY MANAGE~IE~/~ \ CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Director of Planning/~'' November 29, 1994 Change of Zone Application No. 26 - A Change of Zone for a 21.4 acre parcel from R-A-20 (Residential Agricultural-20 acre minimum parcel size) to C-O (Commercial Office) and R-5 (Open Space) Prepared By: Craig D. Ruiz, Assistant Planner RECOMMENDATION: The Planning Commission recommends that the City Council: 1. Adopt the Negative Declaration for Change of Zone No. 26. 2. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 94-._ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY FOR CHANGE OF ZONE APPLICATION NO. 26, CHANGING THE ZONE FROM R-A-20 (RESIDENTIAL AGRICULTURAL 20 ACRE MINIMUM PARCEL SIZE) TO C-O (COMMERCIAL OFFICE) AND R-5 (OPEN SPACE) ON PROPERTY LOCATED ON THE SOUTHWESTERLY CORNER OF RANCHO CALIFORNIA ROAD AND RIDGE PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NUMBER 940-310-014 BACKGROUND This project was originally before the Planning Commission on June 6, 1994. At that meeting, staff recommended that the project be denied due to the project's inconsistency with the General Plan. The original proposal requested a zoning designation of Manufacturing Service Commercial (M-SC). Because the General Plan does not contain e Land Use Designation that is similar to the M-SC zone, staff determined that the project was inconsistent with the General Plan. The project proponent requested that the project be continued so that the proposal could be brought into conformance with the General Plan. On September 19, 1994, the Planning Commission recommended that the City Council approve the Change of Zone by a 5-0 vote. While the Commission did express a concern regarding the fact that the project was seeking a zoning designation of Commercial Office which may provide for future uses that would be inconsistent with the General Plan land use designation of Professional Office, based upon staff's analysis, the Commission's concerns R:~TAFFRjrf~L"'Z.CC 11/~1/~4 lr. lb 1 were alleviated. The Commission felt that the Change of Zone request is consistent with the both City's General Plan land use designation of Professional Office and the proposed zoning designation of Commercial Office. Commercial Office zone uses are likely to be similar to uses allowed in the Professional Office land use designation. This determination is based upon conducting a review of Commercial Office uses permitted in Section 9.72 of Ordinance No. 348 and those uses contained in both the City's General Plan and Draft Development Code. According to the General Plan, the Professional Office designation includes primarily single or multi-tenant offices and may include supporting uses. Office developments are intended to include low rise offices situated in a landscaped garden arrangement and may include mid-rise structures at appropriate locations. Typical uses include legal, design, engineering or medical offices, corporate and governmental offices, and community facilities. Supporting convenience retail and personal service commercial uses may be permitted to serve the needs of the on-site employees. Finally, an Initial Study was conducted for the Change of Zone request and a Negative Declaration is recommended for adoption. The Change of Zone request will not immediately result in the potential for impacts; however, the request may facilitate impacts when future projects are realized on the site. Future impacts will be addressed and mitigated when development is proposed for this site. FISCAL IMPACT None. Attachments: 2. 3. 4. 5. Ordinance No. 94- to Approve Change of Zone No. 26 - Page 3 Planning Commission Draft Minutes - September 19, 1994 - Page 6 Planning Commission Draft Minutes - June 6, 1994 - Page 7 Planning Commission Staff Report - September 19, 1994- Page 8 Planning Commission Staff Report - June 6, 1994 - Page 9 R:~TAFI~t~r~6CZ.CC 11/21/94 ATTACHMENT NO, 1 ORDINANCE NO. 94- R:~TAFFi~.CC 11~1~ k~ ~ Section 4. PASSED, APPROVED, AND ADOPTED this 291h day of November, 1994. RON ROBERTS MAYOR ATI'~T: June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE) SS CITY OF TEMECULA I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the forego'rag Ordinance No. 9 __ was duly introducea and placed upon its first reading at a regular meeting of the City Council on the 291h day of November, 1994, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the day of , by the following roll call vote: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS JUNE S. GREEK CITY CLERK APPROVED AS TO FORM: Pemr Thorson City Attorney R:XSTAFFRPT~6CZ.CC 11r21/9~ ~ 5 *\ o ,, ~-, ATTACHMENT NO. 2 PLANNING COMMISSION DRAFT MINUTES - SEPTEMBER 19, 1994 DRAFT PLANNING COMMISSION MINUTES SEPTEMBER 19, 1994 Chanoe of Zone No. 26 Assistant Planner Matthew Fagan presented the staff report. Chairman Ford opened the public hearing. It was moved by Commissioner Fahey, seconded by Commissioner Slaven to close the public hearing and recommend Adoption of the Negative Declaration for Change of Zone No. 26 and Adopt Resolution No. 94-29 recommending the adoption of Ordinance No. 94- amending the offical zoning mal~ of the City of Temecula for Change of Zone Al~plication No. 26 based on the analysis and findings contained in the staff report. The motion carried as follows: AYES: 4 COMMISSIONERS: Fahey, Slaven, Webster, Ford NOES: 0 COMMISSIONERS: None ABSENT: I COMMISSIONERS: Blair Vestina Tract MaD No. 25063 end Chanae of Zone No. 5598 Thornhill advised the Commission the applicant has sub ' ed a request for uance on this item. DeForrest and .. Miller. Chairman Ford opened ,lic hearing/~/ Larry Markham, of advised that the property is currently under ownership of the FDIC. He sai~ ~perty is currently in escrow and the purchaser has '/ plan designation on the property and that staff is putting toge~'~r a special uirement. Mr. Markham requested a continuance off calendar until the special stud been completed. Director Thorrd~ll advised that consultants have pecial ~m Miller, 39355 Pourroy Road, Temecula, expressed his opl: ~ the ~ed project densities. ATTACHMENT NO. 3 PLANNING COMMISSION DRAFT MINUTES - JUNE 6, 1994 R:~STAF~.CC 11/21/94 klb 7 DRAFT ;OMMISSlON MINUTES JUN 6. 1994 ra City Attorney Greg Diaz said the I~roblem could be resolve a real estate ,twasmoved direction to al based on ideas p~f'~rward by the Commission. / ~ ol Planning Director Gary the '~m c u d be approved at this hearing with direction that a condition added, ~a~eptable to the Planning Director and City Attorney, including ~ ~ct to violation of the condition. Commissioner Hoa motion. It was moved by Blai~ public hearing at 7.'.~;X6~'P.M. and Application No. P~3-0067, directing a condition requ,~g a parking agreement of the conditior~ The motio~ as ca ried as follows: w r by Commissioner Hoagland to close the No. 94-16 approving Planning Director and City Attorney to add ;]e with respect to violation AYES." 4 COMMISSIONERS: Blair, Hoagland, pES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Fahey 4. Chanae of Zone No. 26 Ford Prol~osal to change the existing zoning from Residential Agriculture, 20 acre minimum parcel size (R-A-20)to Manufacturing Service Commercial (M-C) and Open Space (OS). Located at the Southwesterly corner of Rancho California Road and Ridge Park Drive. It was moved by Commissioner Hoagland, seconded by Commission Salyer to continue this item off calendar. The motion carried as follows: AYES: 3 COMMISSIONERS: Hoagland, Salyer, Ford NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Blair, Fahey ATTACHMENT NO. 4. PLANNING COMMISSION STAFF REPORT - SEPTEMBER 19, 1994 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION September 19, 1994 Change of Zone No. 26 Prepared By: Craig D. Ruiz, Assistant Planner RECOMMENDATION: The Planning Department Staff recummends the Planning Commission: RECOMMEND Adoption of the r~egative Declaration for Change of Zone No. 26; and APPLICATION INFORMATION ADOPT Resolution No. 94- recommending the adoption of Ordinance No. 94- amending the official zoning map of the City of Temecula for Change of Zone Application No. 26 based upon ~'.,e Analysis and Findings contained in the Staff Report. APPLICANT: Drake Kennedy & Brian Kennedy REPRESENTATIVE: Markham and Associates PROPOSAL: Change of Zone Request for a 21.4 acre parcel from R-A-20 (Residential Agricultural-20 acre minimum parcel size) to C-O (Commercial Office) and R-5 (Open Spat:e) LOCATION: The southwest corner of Rancho California Road and Ridge Park Drive EXISTING ZONING: R-A-20 (Residential Agricultural-20 acre minimum parcel size) SURROUNDING ZONING: North: South: East: West: Manufacturing Service Commercial (M-SC) Open Space (R-5) Industrial Park(l-P) County of Riverside PROPOSED ZONING: C-O (Commercial Office & R-5 (Open Space) GENERAL PLAN DESIGNATION: Professional Office EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: Light Industrial South: Vacant East: Vacant West: County of Riverside PROJECT STATISTICS Total Area: 21.4 acres BACKGROUND The application for Change of Zone No. 26 was submitted to the Planning Department on August 12, 1992 requesting a zoning designation of Manufacturing Service Commercial (M- SC) and Open Space (R-5). The applicants were informed that the M-SC (Manufacturing Service Commercial) zoning request was inconsistent with the City's Draft General Plan and that staff could not support their request. The applicants then requested the processing of their application be suspended until the City adopted the General Plan. As part of the General Plan process, the applicants requested and received a General Plan Land Use Designation of Professional Office for the subject property. Once the General Plan was adopted, the applicants were given the option of withdrawing their application, changing the application or going forward to the Commission with a recommendation of denial. Because the applicants did not respond to staff's requests, the item was before the Planning Commission on June 6, 1994, with a recommendation of denial. At the June 6 meeting, the applicants' representative requested the item be continued so that the applicants coutd revise their zone change request to be in conformance with the City's General Plan. PROJECT DESCRIPTION The Zone Change is a request for the redesignation of a 21.4 acre parcel from R-Ao20 (Residential Agricultural, 20 acre minimum parcel size) to C-O (Commercial Office) and R-5 (Open Space). No applications for development of the property have been filed with the rezoning request. ANALYSIS Area Comoatibilitv The vacant project site is located in the foothills of the westerly portion of the City. To the north and east are developed office and industrial buildings. The property to the south is in open space and to the west is vacant, large lot (10 acre minimum parcel size) residential land. The portion of the site that is proposed to be zoned C-O is adjacent to the developed office and industrial buildings. The R-5 portion of the site is adjacent to the southerly open space and the westerly low-density residential area, It is for these reasons that staff feels this proposal is compatible with the surrounding area. General Plan Consistency The site is currently zoned R-A-20 (Residential Agricultural, 20 acre minimum parcel size) and the General Plan Land Use Designation is P-O (Professional Office). The Change of Zone request is for a redesignation of the site from R-A-20 to C-O (Commercial Office) and R-5 (Open Space). Commercial Office zone uses are likely to be similar to uses allowed in the Professional Office land use designation. This determination is based upon conducting a review of Commercial Office uses permitted in Section 9.72 of Ordinance No. 348 and those uses contained in both the City's General Plan and Draft Development Code. According to the General Plan, the Professional Office designation includes primarily single or multi-tenant offices and may include supporting uses. Office developments are intended to include low rise offices situated in a landscaped garden arrangement and may include mid-rise structures at appropriate locations. Typical uses include legal, design, engineering or medical offices, corporate and governmental offices, and community facilities. Supporting convenience retail and personal service commercial uses may be permitted to serve the needs of the on-site employees. EXISTING ZONING AND GENERAL PLAN DESIGNATION The site is currently zoned R-A-20 (Residential Agricultural, 20 acre minimum parcel size) and the General Plan Land Use Designation is P-O (Professional Office). The Change of Zone request is for a redesignation of the site from R-A-20 to C-O (Commercial Office) and R-5 (Open Space). Uses listed in the Section 9.72 of Ordinance No. 348 are similar in nature to those listed in the General Plan. If a development project is submitted prior to the adoption of the City's Development Code, the project will be reviewed to determine if it is likely to be consistent with the Development Code. ENVIRONMENTAL DETERMINATION An initial Study was completed by Staff for this project. Staff has determined through their analysis that the Change of Zone request will not immediately have an effect upon the environment; however, it may facilitate future impacts. Through preparation of the Initial Study, staff looked at a maximum development scenario for any future development on the site and identified potential impacts and measures to mitigate them (see Section III of Attachment No. 4: Initial Study). Any potential impacts from future development on the site will be required to be mitigated to a level less than significant. Staff therefore recommends that a Negative Declaration be adopted for the Change of Zone proposal. SUMMARY/CONCLUSIONS Chan9e of Zone No. 26 is a request for a redesignation of a 21.4 acre parcel from R-A-20 (Residential Agricultural, 20 acre minimum parcel size) to C-O (Commercial Office) and (Open Space). Based upon staff's analysis, the Change of Zone request is consistent with the City's General Plan land use designation of Professional Office. An Initial Study was conducted for the Change of Zone request and a Negative Declaration is recommended for adoption. The Change of Zone request will not immediately result in the potential for impacts; however, the request may facilitate impacts when future projects are realized on the site. 9/13/94 VJb 3 FINDINGS The proposed zone change will not have a significant adverse effect on the environment, as determined in the Initial Study for this project. No immediate impacts to the environment will result from the Change of Zone. Impacts from future development can be mitigated to a level less than significant. The zone change is consistent with the City's General Plan Land Use designation of Professional Office for the site. It is likely that Commercial Office uses will ultimately be consistent with the Professional Office designation. The uses are similar in both Ordinance No, 348 and the draft General Plan. The site of the proposed Change of Zone is suitable to accommodate all the land uses currently permitted in the proposed zoning district due to the fact that the parcel is of adequate size and shape for any proposed use, Section 9,75 ,a. of Ordinance No, 348 (Development Standards for Commercial Office) requires no minimum size for lot area. Landscaping, parking and lot coverage requirements will be met upon ultimate submittal of a development proposal. Said findings are supported by analysis, exhibits, and environmental documents associated with this application and herein incorporated by reference. Attachments: 2. 3. 4. PC Resolution - Blue Page Draft Ordinance No. 94- Initial Study - Blue Page Exhibits - Blue Page A. Vicinity Map B. Zoning Map C. General Plan Map D. Change of Zone Exhibit ~ Blue Page A'FFACHMENT NO. 1 PC RESOLUTION NO. 94- ATfACHIviENT NO. 1 PC RESOLUTION NO. A I~I~-~OLUTION OF TIIF~ PLANNING COMMISSION OF THF. CITY OF TEMECULA RECO~ING AFPROVAL OF ORDINANCE NO. 94- ~ING TWF~ OFFICIAL ZONING MAP OF ~ C1TY FOR CHANGE OF ZONE APPLICATION NO. 26, CHANGING THE ZONE FROM R-A-20 (RESIDENTIAL AGRICULTURAL 20 ACRE lVIINIMUM PARCEL SIZE) TO C~O (CO1VIMERCIAL OFFICE) ON PROPERTY LOCATED ON ~ SOUTHWESTERLY CORNER OF RANClIO CALIFORNIA ROAD AND RIDGE PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NUMBER 940-310.-014 ~, Brain Kennedy and Drake I~nnedy filed Change of Zone No. 26 in accordance with the Riverside County Genea~l Plan, 1 ~nd Use and Subdivision Ordinances, which the City has adopted by reference; WltERE~, Change of Zone No. 26 was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Change of Zone No. 26 on June 6, 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 in opposition; WItY. REAS, at the conclusion of the public hearing, the Planning Commission continued the item to the September 19, 1994 Planning Commission meeting; ~S, the Planning Commission considered Change of Zone No. 26 on September 19, 1994, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opponuhity to testify either in support or in opposition; WI~.REAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons deserving to be heard, the Commission considered all facts relating to Change of Zone No. 26; NOW, Tm~F. FORE, ~ PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations arc truc and correct. R:'SIAFFIWra6C~I'C2 9r20~ klb 6 section m. F_inakn A. The Planning Commission in recommending approval of Change of Zone No. 26, makes the following findings, to wit: (1) The proposed zone change will not have a significant adverse effect on the environment, as determined in the Initial Study for this project. No immediate impa~ts to the environment will result from the Change of Zone. Impacts from future development can be mitigated to a l~vel less than significant. (2) The zone change is consistent with the City's General Plan Land Use designation for the sit--. It is ]il~ely that Commercial Office uses will ultimately be consistent with the Professional Office designation. The uses are similar in both Ordinance No. 348 and the draft General Plan. (3) The sire of the proposed Change of Zone is suitable to accommodate all the land uses currently permitted in the proposed zoning district due to the fact that the parcel is of adequate size and shape for any proposed use. Section 9.75.a. of Ordinance No. 348 (Development Standards for Commercial Office) requires no minimum size for lot area. 1 ~ndscaping, parking and lot coverage requirements will be met upon ultimate submittal of a development proposal. (4) Said findings am supported by analysis, exhibits, and environmental documents associated with this application and herein incorporated by reference. Section 3. Environmental Compliance. An Initial Study was performed for this project which determined that although the proposed project could have a significant effect on the environment, no significant impact would immediately result to the natural or built environment in the City. Future development of the site my result in impacts to the environment, however, these can be mitigated to a level less than significant at the project development review stage. Section 4. Planning Commission Recommendation, Based upon the the findings set forth above, the Planning Commission recommends that the City Council approve Change of Zone No. 26 and adopt the Ordinance reflecting the same. Section 5. PASSED, APPROVED AND ADOPTEr. this 19th day of September, 1994. STEVEN I. FORD CHAIRMAN I tl]~,Ry CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular m~ting thereof, held on the 19th day of September, 1994 by the following vote of the Commission: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: GARY TI::iOKNHTT,T. SECRETARY ATrACKMF_NT NO. 2 ORDINANCE NO. 94- AN ORDINANCE OF ~ CITY COUNCIL OF T~. CITY OF TEMECULA, AHENDING T~. OFFICIAL ZONING MAP OF ~ CITY FOR CHANGE OF ZONE APPLICATION NO. 26, CHANGING T1TE ZONE FROM R-A-20 (RESIDENTIAL AGRICULTURAL 20 ACRE MINIMUM PARCEL SIZE) TO C-O (COMMERCIAL OFFICE) ON PROPERTY LOCATED ON THR SOLrrHW~TERLY CORNER OF RANClIO CALIYORNIA ROAD AND RIDGE PARK DE AND KNOWN AS ASSESSOR'S PARCEL NUMBER 91~0-005 ~ C1TY COUNCIL OF THE C1TY OF TEM~CULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOIJOWS: Section 1. Public hearings have been held before tile Planning Commission and City Council of the City of Temecula, State of California, pursuant to the Planning and Zoning law of the State of California, and the City Code of the City of Temecula. The zoning dismet as shown on the attached exhibit is hereby approved and ratified as part of the Official Zoaing Map for the City of Temecula as adopted by the City and as may be amended hereafter from time to time by the City Council of the City of Temecula, and the City of Temecula Official Zoning Map is mended by placing in effect the zone or zones as described in Change of Zone No. 26 and in the above title, and as shown on zoning map attached hereto and incorporated herein. Section 2. Notice of Adoption. Within 10 days after the adoption hereof, the City Clerk of the City of Temecula shall certify to the adoption of this ordinance and cause it to be posted in at least three public places in the City. Section 3. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. P,:~srA~u,'r~/,cz. Pc'z sn~ km 10 Se ,~~PPROVED, AND ADOPTED thi~ 199__. ' ": day of , RON ROBFATS MAYOR ATTF_3T: hne S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE) SS CITY OF TEM]SCULA I, Iune S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 9 __ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the __ day of , 199__, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the day of , by the following roll call vote: COUNCILMEMBERS NOF~: COUNCn~ME1VIBERS ABSENT: COUNCILMEMBERS /UNE S. GREI~,K CITY CLERK APPROVED AS TO FORM: Peter Thorson City Attorney R:'~TAFFRF~6CZ.PC2 9110/9~ ~m 11 ATTACHMENT NO. 2 DRAFT ORDINANCE N0.94-__ A'rlACHMENT NO. 2 ORDINANCE NO. 94- AN ORDINANCE OF ~ CITY COUNCIL OF 'file CITY OF TEME~, AMENDING TB'F, OFFICIAL ZONING MAP OF TIgE CITY FOR CBANGE OF ZONE APPLICATION NO. ZONE FROM R-A-20 (RESIDENTIAL AGRICULTURAL 20 ACRE MINIM'tJM PARCF. I. SIZE) TO C-O (COMMERCIAL OFFICE) ON PROPERTY LOCATED ON ~ SOUTHWESTERLY CORNER OF RANClIO CAI .n?ORNIA ROAD AND RIDGE PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NU1VIBER 914-480-005 T1TF. CITY COUNCIL OF ~ CITY OF TEMECULA, STATE OF CAI.WORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Public hearings have been held before the Planning Commission and City Council of the City of Temecula, State of Ca|ifornla, pursuant to the Planning and Zoning law of the State of California, and the City Code of the City of Temecula. The ZOning district as shown on the atlached exhibit is hereby approved and ratified as part of the Official Zoning Map for the City of Temecula as adopted by the City and as may be amencied hereafter from time to time by the City Council of the City of Temecula, and the City of Temecula Official Zoning Map is amended by placing in effect the zone or zones as described it. Change of Zone No. 26 and in the above title, and as shown on zoning map attached hereto at.d incorporated herein. Section 2. Notice of Adoption. Within 10 days after the adopt:on hereof, the City Clerk of the City of Temecuh shah certify to the adoption of this ordinance and cause it to be posted in at least three public phces in the City. Section 3. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. Section 4. PASSED, APPROVE. D, AND ADOPTED this __ day of , 199__. RON ROBERTS MAYOR AT'I~.ST: June S. Greek, City Clerk [SEAL] STATE OF CAI I~ORNIA COUNTY OF RIVERSIDE) SS CITY OF TEMIECULA I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 9 __ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the __ day of , 199__, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the day of , by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS COUNCrt COUNCIIMEViBERS JUN~ S. CITY APPROVED AS TO FORM: Peter Thorson City Anomey R:~TAFFRFr~6CZ.PC2 9/i3/oA lab 11 ATI'ACHMENT NO. 3 INITIAL STUDY R:'3TA~]~2 9/t3/94 kib 1~ City of Temecula Pl3nnin Department Initial Environmental Study I. BACKGROUND INFORMATION 1. Name of Project: 2. Case Numbers: 3. Location of Project: 4. Description of Project: Date of Environmental Assessment: Name of Proponent: Address and Phone Number of Proponent: Change of Zone No. 26 Change of Zone No. 26 The southwesterly comer of Rancho Cal!fomia Road and Ridge Park Drive A request for the redesignation of a 21.4 acre parcel from R-A-20 CResidential Agricultural, 20 acre minimum parcel size) to C-O (Commercial Office). August 24, 1994 Drake Kennedy and Brian Kennedy 8820 Sunset Blvd., 2nd Floor Los Angeles, CA 90069 (310) 65%8883 ENVIRONMENTAL IMPACTS (Explanations to all the answers are provided in S~lion 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes geologic substructures? __ __ X b. Disruptions, displacements, compaction, or over covering of ~he soil? X c. Change in topography or ground surface relief futures? X __ __ d. The destruction, covering or modification of any unique geologic or physical features? __ dX__ __ e. Any increase in wind or water erosion of soils, either on or off the site? X f. Changes in siltation, deposition or erosion? X __ Yes Maybe No g. The modificasion of any wash, cbsnnel, creek, river or lake? h. Exposure of people or property to geologic h~,~rds such as earthquakes, landslides, mudslides, liquefaction, ground failure, or similar hazards? i. Any development within an Alquist-Prioto Special Studies Zone? Air. Will the proposal result in: a. Air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? c. Alteration of air movement, temperature, or moisture or any change in climate, whether locally or regionally?. Water. Will the proposal result in: a. Changes in currents, or the course or direction of water movements, in either marine or fresh waters? b. Changes in abso~tion rates, drainage patterns, or the rate aad mount of surface runoff?. c. Alterations to the course or flow of flood waters? d. Change in the mount of surface water in any water body? e. Discharge into surface wamrs, or in any alteration of surface water quality, including buI not limited te, temperature, dissolved oxygen or mrbidi~? f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of ground waters, either through direct additions, withdrawals, or through interception of an aquifer by cuts or excavations? h. Reduction in the mount of water othenvise available for public water supplies? i. Exposure of people or property to water related hazards such as flooding? Yes Maybe No _ _ x___ X X X X R:~TAF'F~I"I~(K:Z, PC2 9113/94. ~ 2 Yes Maybe No 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? ~ ~ b. Reduction of the numbers of any unique, rare, threatened, or endangered species of plants? __ __ c. Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? __ __ d. Reduction in the acreage of any agricultural crop? __ __ 5. Animal Life. Will the proposal result in: a. Change in the diversity of species; or numbers of any species of animals (animals includes all land nnlmals, birds, reptiles, fish, amphibians, shellfish, benthic organisms, and/or insects)? __ __ b. Reduction of the numbers of any unique, rare, threaxened, or endangered species of animals? __ __ c. The introduction of new wildlife species into an area? __ __ d. A barrier to the migration or movement of ~nimnlS? __ __ e. Deterioration to existing fish or wUdlife habitat? __ _ 6. Noise. Will the proposal result in: a. Increases in existing noise levels? X b. Exposure of people to severe noise levels? __X __ c. Exposure of people to severe vibrations? X 7. Light and Glare. Will the proposal produce or result in light or glare? X __ 8. Land Use. Will the proposal result in: a. Alteration of the present land use of an area? __X _ b. Alteration to the future planned land use of an area as described in a community or general plan? __ __ X X X X X X X I~L,er~PL-'2 9/13/94 klb 3 Yes Maybe N__o b. Police protection? X c. Schools? X d. Parks or other recreational facilities? X e. Maintenance of public facilities, including roads? _X. _ _ f. Other governmental services: __ _X_ __ 15. Energy. Will the proposal result in: a. Use of substantial mounts of fuel or energy? _ _ b. Substantial increase in demand upon existing sources or energy, or require the development of new sources of energy? __ __ 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to any of the following utilities: a. Power or natural gas? _ __ b. Communications systems? __ c. Water systems? __ __ d. Sanitary sewer systems or septic tanks? __ __ e. Storm water drainage systems? X __ f. Solid waste disposal systems? __ _ g. Will the proposal result in a disjointed or inefficient pattern of utility delivery system improvements for any of the above? __ __ 17. Human Health. Will the proposal result in: a. The creation of any health hazard or potential health hazard? __ __X b. The exposure of people to potential health hazards, including the exposure of sensitive receptors (such as hospitals and schools) to toxic pollutant em ~sions? __ 18. Aesthetics, Will the proposal result in: a. The obstruction of any scenic vista or view open to the public? __ .X.X b. The creation of an aesthetically offensive site open to public view? X X X 19. 20. c. Detrimental visual impacts on the surrounding area? Retention. Will the proposal result in an impact upon the quality or quantity of existing recreational resources or opportunities? Cultural Resources. Will the proposal result in: a. The alteration or destruction of any paleontologic, prehistoric, archaeological or historic site? b. Adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? c. Any potential to cause a physical change which would affect unique ethnic cultural values? d. Restrictions to existing religious or sacred uses within the potential impact area? Yes Maybe No _ X _ .X R:'~STAFFRFI~6CT,.I~2 9tD/~. kl~ 6 1.g. 1.h. 1. i. 2.a,b. Water 3.b. No. The Change of Zone request and subsequent development c' the site will not result in modifications to any wash, channel, creak, river or lake. None exist on the project site, nor are proximate to the site. No significant impacts are anticipated as a result of this project. Yes. Although the Change of Zone request will not immediately result in the exposure of people and property to earthquake hazards, ultimate development of the site will expose people and property to earthquake hazards. This is because the project is located in Southern California, an area which is seismically active. Any potential impacts can be mitigated through building consUction which is consistent with Uniform Building Code standards. The project will not expose people or property to geologic hazards such as landslides or mudslides. No known landslides are located on the site, and the potential for exposure of people to landslides is low due to the topography of the site and potential locations of building pad(s). The same is true for mudslides. There is a potential for ground failure and liquefaction in this area. Any potential impacts will be mitigated through building construction which is consistent with Uniform Building Code standards and grading that is consistent with the pwvisions contained within Ordinance No. 457. The above information was obtained through the City 'of Temecula General Plan Environmental Impact Report. No significant impacts are anticipated as a result of this project. No. The Change of Zone request site is not located within an Alqulst-Priolo Special Studies Zone as identified by the State of California, Resource Agency Depaxhuent of Conservation Special Studies Zone Map. No significant impacts are anticipated as a resuh. of this project. Yes. The Change of Zone request will not immediately result in air emissions, in the deterioration of ambient air quality and in the creation of objectionable odors; however, the Change of Zone from Low-Density Residential to Commercial-Office will create situations whereby air emissions may increase (during peak AM and PM traffic). Air emissions and objectionable odors will occur during the construction phase of the project. These impacts will be of short duration and are not considered significant. The project is consistent with the City's General Plan Land Use designation for the site. Air Quality analysis in the General Plan's Environmental Impact Report shows no significant impact to air quality at buildout. The analysis was conducted with the assumption that land uses would be consistent with the General Plan Land Use Designations, No significant impacts are anticipated as a result of this project. No. The Change of Zone request will not immediately result in, nor snail any future development of this site result in alterations of air movement, temperature, or moisture, or in any change in climate either locally or regionally. No. The Change of Zone request will not result in, nor will ultimau; aevelopment of the site result in changes to currents, to the course or direction of water movemev. ts in either marine or fresh waters. The project site is not located adjacent to either marine or fresh water sources. No significant impacts are anticipated as a result of this project. Yes. The Change of Zone request will not immediately result in changes to absorption rates, drainage patterns and the rate and amount of surface runoff; however future development on the site will result in changes when a project is realized. Previously permeable ground will be rendered impervious by construction of buildings, accompanying bardscape and driveways. While absorption 3.c. 3.d. 3.f. 3.g. 3.h. 3.i. fauns and surface runoff will change, any impacts can be mitigated through sire design at the development review stage. Drainage conveyances will be required which will safely and adequamly handle any of the runoff which is creau~ by the realization of a projet: ~t this site. No significant impacts are anticipated as a result of this projea. Maybe. The Change of Zone proposal will not result in alterations to the course or flow of flood waters; however, future development of the site may result in alterations to the course or flow of flood waters. The project is not located within or adjacent to an identified floodway; however, it is located within the Vail Lake Dam Inundation area. Emergency r~.')onse systems designed to be implemented in the event of dam failure will be sufficient to mitigate any potential impacts to this project. No significant impacts are anticipated as a result of this pro~ect. No. The Change of Zone proposal will not result in a change in the amount of surface water in any waterbody. Ultimate development of the site will result in an incremental change in the amount of surface water generated; however, these impacts are not foreseen as being significant. Furthermore, no major waterbodies are located in the subjea projea area. No significant impacts are anticipated as a result of this project. Yes. The Chsnge of Zone request will not immediamly result in any discharge inw surface waters or in any alteration of surface water quality. However, future development of the site may result in discharges into surface waters or in any alteration of surface wlner quality. Prior to issuance of a grading permit for any development proposal, the developer will be required m comply with the requirements of the National Pollutant Discharge EJimination System CNPDES) permit from the State Water Resources Control Board. No grading shall be pennilIed until an NPDES Notice of Intent has been filed or the projea is shown to be exempt. By complying with the NPDES requirements, any potential impacts can be mitigated to a level less than significant. No significant impacts are anticipated as a result of this project. No. The Change of Zone request will not resuk in an alteration of fn, e direction or rate of flow of groundwaters, nor will ultimate development of the site. Coastructicz on the site is not anticipated to be at depths sufficient to have an impact on ground waters. No significant impacts are anticipated as a result of this project. No. Neither the Change of Zone proposal nor any future development on the site will result in a change in the quantity of ground waters, either through direct addkions, withdrawals, or through interception of an aqulfer by cuts or excavations. Reference response 3.f. No significant impacts are anticipated as a result of this projea. No. The Change of Zone request will not immediately result in a reduction in the amount of water otherwise available for public water supplies. Water service currently exists in proximity of the project site. Typically, additional water service will be provided by Rancho C~ifurula Water District (P, CWD) upon completion of financial arrangements between RCWD and the propiny owner. No significant impacts are anticipated as a result of this project. No. Neither the Change of Zone request nor future development wil~ expose people or property to water related hazards such as flooding due to the fact that the site is not located within the 100- year flood plain as identified in the General Plan. No significant mipacts are anticipated as a result of this project. Plant Life No. The Change of Zone request will not immediately result in a significant change w the diversity of species, or number of any native species of plants, nor will any future development of the site. No native species of plants have been identified on the site. No significant impacts are anticipated as a result of this project. 4.b. No. Neither the Change of Zone request nor any future development on the site will result in a reduction of the numbers of any unique, rare, threatened, or endangered species of plant. There are no unique or rare plants on the site. In addition, threatened or enc-sangered species will not be significantly affected (Reference response 4.a.). No significant impacts are anticipated as a result of this project. No. The Change of Zone request will not immediately result in the introduction of new species to the site. Upon ultimate development on the site, new species of plants may be introduced as required for landscaping purposes. No significant native vegetation has been identified on the site, therefore, no significant impacts are expected from the introduction of these species. 4.d. No. The Change of Zone request will not immediately result in a reduction in the acreage of any agricultural crop, nor will any future development on the site. No I:,rime farmland, farmland of statewide or local importance, or unique farmland is located within the project site. No significant impacts are anticipated as a result of this project. Animal Life 5.a,b, d,e. No. The Change of Zone project site lies within the Riverside County Stephem' Kangaroo Rat Habitat Conservation Plan Preliminary Study Area. During the planning phase of the project, a specific site survey will be conducted to determine if the SK:P, presently inhabits the site. If the Stephens Kangaroo Rat is identified on the project site, the project could contribute to an incremental reduction of SICR habitat. Any impacts to the SKR would be mitigated by the Habitat Conservation Plan mitigation fees as required by the City of Temecula. Since a Habitat Conservation Plan has not been established as of this date, the impacts to the Stephens Kangaroo Rat may be mitigated through the payment of the Interim Mitigation Fec pursuant to Ordinance No. 663. This fee will be imposed as a Condition of Approval for a project at this site. No other sensitive species have been identified upon the site. However, the topography and vegetation contained on the site are not conducive to the SKR species. No significant impacts are anticipated as a result of this project. 5.c. No. The Change of Zone request will not imm~,ctiately result in the introduction of any new wildlife species into the area, nor will any subsequent development projects. No significant impacts are anticipated as a result of this project. Noise Yes. The Change of Zone request will not immediately result in increases to existing noise levels; however, it may facilitate increases from the development of the site. Upon ultimate developmere of the site, there will be resultant increases to existing noise levels. The land is currently vacant and any development of the land would result in increases to noise levels during construction phases as well as increases to noise in the area over the long run. These impacts will not be considered R:x~rAFFRFl'X26C~.PC'2 9113194 significant due w the fact that the potential fur noise impacts will be discussed at the development review stage and mitigar~:l through site design (i.e. buffering, setbac!:s). No significant impacts are anticipated as a result of this project. 6.b. Yes. The Change of Zone request will not immediately result in the exposure of people to severe noise levels. Ulti~ta development of the site may expose people to s~ong noise levels due to the fact that the subject projea site is adjacent to a heavily travelted thoroughfare CRancho California Road). Any potential impacts can be addressed at the developmew review stage and mitigated through project design (i.e. walls, berms, landscaping and buffering;. In addition, developmere of the site may expose people to severe noise levels during the development/consn'uction phase. No significant impacts are anticipated as a result of thi~ project. 6.c. Yes. The Change of Zone will not immediately result in the exposure of people to severe vibrations. The project may expose people to severe vibrations during the development/construction phase (short run). The exposure to severe vibrations will be of short duration and will not be considered significant. No significant impacts are anticipated as a result of this project. Light and Glare Yes. The Change of Zone request will not immediately produce or result in light or glare. Ultimate development on the site will result in new light sources. All light and glare has the potential to impact the Mount Palomar Observatory. No impacts are foreseen from light and glare since any future development on the site will be conditioned to be corsistent with Ordinance No. 655 (Ordinance Regulating Light Pollution). No significant imp~r~-ae anticipated as a result of this project. Land Use 8.a. Yes. The site is currenfiy vacant. The Change of Zone request will f~cilitate changing the present land use of the site. When a development project is realized on the si~e the use of the land will be altered. The Change of Zone request will be consistent with the General Plan Land Use designation for the site. No significant impacts are anticipated as a result of this project. 8.b. No. The Change of Zone request will not result in an alteration to the future pined land use of the site as described in the City's General Plan. The Change of Zone request to Commercial-Of'rice is consistent with the Professional Office Land Use designation contained in the City's General Plan. No significant impacts are anticipated as a result of this project. Natural Resources 9.a,b. Yes. Although the Change of Zone request will not immediately result in an increase in the rate of use of any natural resource or the depletion of any nonrenewable resource, ultimate development of the site with Commercial-Office uses will result in an increase jn the rate of use of natural resources (cousmlction materials, fuels for dally operation, asphalt, lumber) ~nd the subsequent depletion of these non-renewable natural resources. No significant impacts are anticipau~i as a result of this project because of the anticipated small scale of any proposed development. R:~'T~PC2 9/13/94 Ir~ 11 rusk of Upset lO.a,b. No. The Change of Zone request will not result in a risk of explosion, or the release of any hazardous substances in the event of an accident or upset conditions, since none are proposed in the request. Upon ultimate development of the site, the risk of explosion or the releese of hazardous substances in the event of an accident or upset conditions shall be relatively low based upon pertained uses within the Commercial-Office zone. Any usas which may pose a greamr risk will require a Conditional Use Permit, therefore, any potential hnVact can be addressed and mitigated at the development review stage. The same explanations apply to the use, storage, transport or disposal of any hazardous or wxic materials, No significant impacts are anticipated as a result of this project. lO.c. No. Neither the Change of Zone request nor subsequent development projects on the site will interfere with an emergency response plan or an emergency evaluation plan. The subject site is not located in an area which could impact an emergency response plan. Any future development will ultimately take access from a malntah~ed street and will therefore not impede any emergency response or emergency evacuation plans. No significant impacts are anticipated as a result of this project. Ponulaflon 11. Maybe. The Change of Zone request will not immediately result in altering the location, distribution, density or grovah rate of the human population of the area, however it may facilitate it. Ultimate development of Commercial-Office uses on the site will generate jobs which in turn may result in incremental alterations to the location, distribution,-dausity and growth of human population in the area. Impacts are not seen as significant because sufficient infrastructure exists in the area and because the emount of growth is a small increment of the total growth expeaed in the area. No significant impaas are anticipated as a result of this project. Homing 12. Maybe. Reference response 11. An increase in population may result in an increased effect on existing housing and has the potential to create a demand for additional housing. TheSe increases will not pose a significant impact to the existing or future housing stock within the area because existing housing swck and future housing stock will be sufficient to accommodate any increases in population. No significant impacts are anticipated as a result of this project. Transportation/Circulation 13.a, No. The Change of Zone request will not immediately result in me generation of substantial additional vehicular movement. The projea is consistent with the City's General Plan Land Use designation for the site. Traffic analysis in the General Plan's Environmental Impact Report shows no significant impact to circulation at buildout in this area. The analysis was conducted with the assumption that land uses would be consistent with the General Plan Land Use Designations. Upon submittal of a development plan, the applicant will be required to submit a lever from a certified Engineer stating that impacts from this project to adjacent intersections will be less than five percent. A focused traffic analysis will be required for individual projects that have greater than a five (5') percent impaa on affeaed intersections. Any impacts can be mitigated at this time. No significant impacts are anticipated as a result of this project. R:\STAFFRFr~6CT_PC2 91131oA lab 12 13.b. Yes. The Change of Zone request will not immediately affect existir. g parking facilities, nor will it immediately result in an increased demand for new parking. Upon ultimate development of the site, there will be an increased demand for new parking which will be required for the project as per City Ordinance. Off-site parking will be required and consistency with City Ordinances regarding the amount of off-street parking required/provided will be reviewed during the d~velopment review stage. No significant impacts are anticipated as a result of this project. 13 .c. Maybe. The Change of Zone request will not create impa~qs upon existing transportation system, including public transportation; however, ultimate development of the site, impacts may occur to existing systems, including public transportation. Mitigation measures will be included at the development project stage as required. Any impacts upon public transportation can be mitigated a the design/developmem review stage of the project by adhering ~o recommendations from the Riverside Transit Agency (RTA). No significant impacts are anticipated as a result of this project. 13.d. Yes. Although the Change of Zone request will not immeaiately result in alterations to prasem patterns of circulation or movement of people and/or goods; it may facilitate it. The site is currently vacant and ultimate construction of Commercial 0ffic~ uses on the site will result in alterations to present patterns of circulation or movement of p~ople and/or goods. The alterations will net be seen as significant because the alterations to present pat~ms of circulation/movement of people and/or goods will serve the subject project. No significant impacts are anticipated as a result of this project. 13.e. No. Neither the Change of Zone request nor any future development proposal(s) on the subject site will result in alterations to waterborne, rail or air traffic since none exists currently in the proximity of the site and none are proposed. No significant impacts ~e anticipated as a result of this project. 13.f. Yes. Although the Change of Zone request will not immediately.:6:iult in an increase in traffic hazards to motor vehicles, bicyclists or pedestrians, ultimate development of the site will result in an increase in traffic hazards to the above mentioned areas. Any impacts can be mitigated to a level less than significant through site design which is consistent with City standards. Potential conflicts can be mitigated at the development stage of the projecL No significant impacts are anticipated as a result of this project. Public Services 14.a,b. Yes. Although the Change of Zone request will not immediately have a subsu~ntial effect upon, or result in a need for new or altered fire or police protection; ultimate development of the site with Commercial-Office uses will provide impacts to these areas. Fire mitigation fees will be required to be paid prior to the issuance of building permits for any d~veinpment project on the site. These fees will offset any impacts which are created by the new development. There will also be a resultant incremental increase in the need fur police protection because increases in commercial development ultimately generates the need fur additional housing stock (reference response No. 12). Any impacts to existing and future levels of service for police protenon can be mitigaIed through the revenue generators which fund the City's police force (i.e. sales t2x, property tax, transient occupancy tax, motor vehicle tax, etc.). These impacts are not seen as significant. 14.c. Maybe. Although the Change of Zone request will not immediately have a substantial effect upon or result in a need for new or altered school facilities; ultimate d~velopment of the site with Commercial Office uses may generate an incremental need for additional housing stock (reference e:~rAFFm~n26c'~pc~ 9nss~ ~ 13 14.d. 14.e. 14.f. Ener~/ 15.a,b. Utilities 16.a response No. 12). 'Any rise in residential development gene~_~ the need for additional/expanded school facilities. Any impacts can be reduced to a level less than significant through the payment of school fees which will be required to be paid prior to the issuance of building penrots for any development on the site. No significant impacts are anticipated as a result of this projea. Maybe. Although the Change of Zone request will not immediately have a substantial effect upon or result in a need for new or altered parks or other recreational facilities; ultimate development of the site with Commercial Office uses may, As mentioned in Response No. 12, commercial development may result in an increase in demand for additional housing stock. Additional residential units may result in a need for new/expanded park and/or recreational facilities. Quimby fees are required to be paid prior to the recordation of a final map for residential units to finance the creation/expansion of park and recreation facilities. Due to payment of these fees, plus the limited scale of the project, any impacts will be incremental and ca~ be mitigated to a level less than significant. No significant impacts are anticipated as a result of this project. Yes. Although the Change of Zone request will not immediately have a substantial effect upon or result in a need for ntaintenance of public facilities, including roads; future development of the site will result in a need for the maintenance of the above mentioned facilities, Funding for maintenance of roads is derived from the Gasoline Tax which is distributed to the City of Temeeula from the State of California, Impacts to current and future needs for maintenance of roads as a result of the ultimate development of the site will be incremental. however, they will not be considered significant. This is because the Gasoline Tax is sufficient w cover any of the proposed expenses. No significant impacts are anticipated as a result of this project. Maybe. The Change of Zone request will not immediately have a substantial affect upon or result in a need for new or altered library services; however, future development on the site may have an impact upon the above mentioned services. As has been previously discussed (reference Response No. 12), additional commercial uses in an area may generate the need for addkinnal housing stock. This in turn will result in an incremental increase 'in result in an incremental increase in demand for library facilities. These impacts are not seen as significant and can be mitigamd to a level less than significant through payment of library -fees. These fees are paid on residential units prior w the issuance of building permits. No other governmental services will be affected. No significant impacts are anticipated as a result of this project. No. Neither the Change of Zone request, nor any future developmere on the site will result in the use of substantial mounts of fuel or energy, nor will there be any subsequent increase in demand upon existing sources of energy or require the development of new sources of energy. Increases will occur as a result of ultimate construction of Commercial-Office uses on the site. These increases will be limited because of the scale of the projea, and are therefore, not seen as significant. No. Neither the Change of Zone request, nor any subsequent development on the site will result in a need for new systems or substantial alterations to power or natural gas. The project site is within proximity of existing facilities. No significant impacts are anticipated as a result of this project. R:~TAFFP, PT~2~PC2 9/13/94 klb ]4 16.b. 16,c. 16.d. 16.o. 16.f. No. Neither the Change of Zone request, nor any subsequent development on the site will result in a need for new systems or substantial alterations to commamica~.3n systems. No significant impacts are ant'lcipated as a result of this project. No. Neither the Change of Zone request, nor any subsequent development on the site will result in a need for new systems or substantial alterations to water systems. Typically, water service is available upon completion of financial arrangements between RCWD and the property owner. No significant impacts are anticipated as a result of this project. No. Neither the Change of Zone request, nor any subsequent development on the site will result in a need for new systems or substantial alterations to sanitary sewer sysmms. According to the City of Temecula General Plan Environmental Impact Report (EIR), implementation of the General Plan (of which this project is considered consistent with) any filmre project on the site would not significantly impact wastewater services. No significant impact3 are anticipated as a result of this project. Yes. The Change of Zone request will not result in a need for new systems or substantial alterations to storm water drainage systems (reference response No. 3.b,c.); however, any subsequent development on the site will result in a need for new storm water drainage systems. These w~l be required at the development review stage and the proje~-t will not be approved until it is proven that the storm water drainage system is sufficient. No sigulficant impacE are anticipated as a result of this project. No. Neither the Change of Zone request, nor any subsequent deve~GDment on the site will result in a need for new systems or substantial alterations to solid waste disposal systems. Any impacts from solid waste created by tiltore development on the site can be mitigated through participation in any Source Reduction and Recycling Progrnm~ which are imp,emented by the City. No significant impacts are anticipated as a result of this project. 16.g. No. Neither the Change of Zone request, nor any subsequent development on the site will result in a disjointed or inefficient pattern of utility delivery system improvements for any of the above. There is existing development to the east and south of the project site. No significant impacts are anticipated as a result of this project. Human Health 17.a,b. Maybe. As mentioned in response 10.a,b. the Change of Zone request will not result in a risk of explosion, or the release of any hazardous substances in the event of an accident or upset conditions, since none are proposed in the request. Upon ultimate development of the site, the risk of explosion or the release of hazardous substances in the event of an accident or upset conditions shall be relatively low based upon pertained uses within the Commercial-Office zone. Any uses which may pose a greater risk will require a Conditional Use Perink, therefore, any potential impact can be addressed and mitigated at the development review stage. The same explanations apply to the use, storage, transport or disposal of any hazardous or to:~ic materials. No significant impacts are anticipated as a result of this project. R:WI'~.pC2 9t13/oA. ~b 1~ Aesthetics 18.a,b,c. Maybe. Reference No. ld. The Change of Zone request will not result in the obsumction of a scenic vista or view open to the public. However, vistas and views open to the public exist at the site. Future development related impacts to the sito would be mitigated through adherence to the goals, policies and standards in the General Plan as it relates w hillside development. No significant impacts are anticipated as a result of this project. Recreation 19. Maybe. Although the Change of Zone request will not immediately have a substantial effect upon or result in a need for new or altered parks or other recreational facilities; ultimate development of the site with Commercial Office uses may. As mentioned in Response No. 12, commercial development may result in an increase in demand fur additional housing swck. Additional residential units may result in a need for new/expanded park and/or recreational facilities. Quimby fees are required to be paid as part of development of residential units to finance the creation/expansion of park and recreation facilities. Due w payment of these fees, plus the limited scale of the project, any impacts will be incremental and can be mitigated to a level less than significant. No significant impacts are anticipated as a result of this project. Cultural Resources 20.a. Maybe. The Change of Zone request will not result in the alteration or destruction of any paleontologic, prehistoric, archaeologieai or historic site. However, mis site is located within an area identified by the General Plan as an area that may contain paieontologic, prehistoric, archaeological or historic sites. Future developmere of the site will be required m mitigate any potential impam to palenntologic, prehistoric, archaeological or hiswric artifacts prior w the issuance of any grading permits issued fur the site. Therefore, .io significant impacts are anticipated as a result of this project. 20.b. No. Neither the Change of Zone request, nor any future develorAnent on the site will result in adverse physical or aesthetic effects to a prehistoric or historic building, structure or object. None exist or are known to exist on the site (reference response No. 20.a.). No significant impacts are anticipated as a result of this projea. 20.c. No. Neither the Change of Zone request, nor any future development on the site will have the potential m cause aphysicai change which would affect unique ethnic cultural vaiues. No "unique" ethnic cultural values exist on-site or in proximit7 to the site (reference response No. 20.a.). No significant impacts are anticipated as a result of this project. 20.d. No. Neither the Change of Zone request, nor any future development on the site will result in res~ictions to existing religious or sacred uses within the potential impact area. None exist or are known to exist on the site (reference response No. 20.a.). No significant impacts are anticipated as a result of this project. R:~STAFFRFr~Z.K'2 911319~ k~ 16 IV. MANDATORY FINDINGS OF SIGNiFiCANCE Does the project have the potential to either: degrade the quality of the environment, substantially reduce the habitat of a fish, wildlife or bird species, cause a fish, wildlife or bird population to drop below self SusrMning levels, threaten to eliminate a plant, bird or shims] species, or eliminate important e~mples of the major periods of California hiswry or prehiswry? Yes M~Vbe No Does the project have the potential to achieve short ten, to the disadvantage of long term, environmental goals? (A short t=~m impact on the environment is one which occurs in a relatively brief, definitive period of time while long term impacts will endure well inw the future. ) X Does the project have impacts which are individually limited, but cumulatively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant.) X Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X V. DEPARTMENT OF FISH AND GAME "DE MINIMUS" IMPACT FINDINGS Does the project have the poteniial to cause any adverse effect, either individually or cumulatively, on fish and wildlife resources? Wildlife is defined as "all wild animals, birds, plants, fish, amphibians, and related ecological communities, including the habitat upon which the wildlife depends on for it's continued viability" (Section 711.2, Fish and Game Code). X R:~STIPC2 ~/13/94 kJb 17 ENVIRONMENTAL D~--rI~fINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because the Mitigation Measures described on the artached sheets and in the Conditions of Approval that have been added to the projea will mitigate any potentially significant impacts to a level of insignificance, and a NEGATIVE DECLARATION will be prepared. X I find the proposed projea MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Prepared by: ~~--~"~{"~ Craig D. Ruiz Signamre~,,,~ " ~,~ Name and Title August 26, 1994 Date R:~TAFFRFr~,6C'Z. PC2 9/13/94 Idb l~ ATFAcIia/IENT NO. 4 CITY OF TEMECULA SITE CASE NO. - CHANGE OF ZONE NO. 26 EXttmlT - A PLANNING CO1VIIVHSSION DATE - SEPTEMBER 19, 1994 VICINITY MAP CITY OF TEMECULA CASE NO. - CHANGE OF ZONE NO. 26 Extrrnrr -D CHANGE OF ZONE EXtHRIT PLANNING COMMISSION DATE - SEPTEMBER 19, 1994 CITY OF TEMECULA CC H L SITE EXI-ffRIT B - GENERAL PLAN MAP DESIGNATION - PROFESSIONAL O~'~'ICE SI ~__ R-A-20 EXHIBIT C - ZONING MAP DESIGNATION - R-A-20 {RESIDENTIAL AGRICULTURAL 20 ACRE 1VIINL-AUM PARCEL SIZE CASE NO. - CHANGE OF ZONE NO. 26 PLANNING COMMISSION DATE - Si~T/~VI~ER 19, 1994 ATTACHMENT NO. 5 PLANNING COMMISSION STAFF REPORT - JUNE 6, 1994 R:~TAFFRFI~26CZ.CC 11~1/94 kl~ 9 STAFF REPORT o PLANNING CITY OF TEMECULA PLANNING COMMISSION June 6, 1994 Change of Zone No. 26 Prepared By: Craig D. Ruiz, Assistant Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: ADOPT Resolution No. 94- denying Change of Zone No. 26 based upon the Analysis and Findings contained in the Staff Report APPLICATION INFORMATION APPLICANT: Drake Kennedy & Brian Kennedy PROPOSAL: Change of Zone Request for a 21.4 acre parcel from Residential Agricultural-20 acre minimum parcel size to Manufacturing Service Commercial and Open Space LOCATION: The southwest corner of Rancho California Road and Ridge Park Drive EXISTING ZONING: Residential Agricultural-20 acre minimum parcel size (R-A-20) SURROUNDING ZONING: North: South: East: West: Manufacturing Service Commercial (M-SC) Open Space (R-5) Industrial Park(I-P) County of Riverside PROPOSED ZONING: Manufacturing Service Commercial (M-SC) & Open Space (R-5) GENERAL PLAN DESIGNATION: Professional Office EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: South: East: West: LightIndustrial Vacant Vacant County of Riverside R:~STAFFRPT~26CZ.PC 5131/94 Idb BACKGROUND The application for Change of Zone No. 26 was submitted to the Planning Department on August 12, 1992. The applicants were informed that the project was inconsistent with the City's Draft General Plan. Further, the applicants were informed that staff could not support the project do to the inconsistency with the Draft General Plan. The applicants then requested the processing of the application be suspended until the City adopted the General Ran. As part of the General Plan process, the applicants requested and received a General Plan Land Use Designation of Professional Office for the subject property. However, the new land use designation did not rectify the General Plan inconsistency relative to the zone change. PROJECT DESCRIPTION The proposal would change the property's zoning from R-A-20 to MS-C and R-5. ANALYSIS The proposed zoning designations are inconsistent with the City's General Plan. Planning staff has had numerous correspondence, both written and verbal, with the applicants regarding the General Plan inconsistency. Due to the inconsistency, staff provided the applicants with the following options: Modify the application to be consistent with the General Ran to enable staff to continue processing the application. Withdraw the application and be entitled to a partial refund of application fees. This option would delay the immediate development on the site until such time as the City adopts the official zoning map for the City. The adoption of the zoning map would change the existing zoning to be consistent with the General Plan. Proceed with the existing request. Staff would then forward the application to the Planning Commission with a recommendation of denial without prejudice. To date, the applicant has failed to respond to staffs' requests. EXISTING ZONING AND GENERAL PLAN DESIGNATION The site is currently zoned R-A-20. The General Plan Land Use Designation is Professional Office. ENVIRONMENTAL DETERMINATION Per Section 15270 of the California Environmental Quality Act (CEOA), CEQA does not apply to projects which a public agency disapproves. Therefore, no environmental determination was prepared for this project. R:%STAFFRFT~28CZ.PC 5131194 klb 2 SUMMARY/CONCLUSIONS The project is inconsistent with the City's General Plan, and the applicant has not responded to staff's requests to either resolve the inconsistency issue or withdraw the application. The application has been incomplete for approximately 22 months. Therefore, staff is recommending the project be denied without prejudice. FINDINGS The proposed use or action does not comply with all applicable requirements of state law and local ordinances. The applicant has failed to submit all required information in a timely manner in order for the project to be deemed complete in accordance with State and local law. The proposed zoning designations are inconsistent with the City's adopted General Plan. Therefore, staff cannot make the finding that the project is consistent with the General Plan. Attachments: PC Resolution - Blue Page 4 Exhibits - Blue Page 7 A, Vicinity Map B. Zoning Map C. General Plan Map R:\STAFFIt~T~26CZ.PC 5/31/94 kJb 3 ATTACHMENT NO. 1 RESOLUTION NO. 94-._ R:~STAFFRPT~6CZ.PC 5131194, Idb A~ITACHIVIENT NO. 1 PC RESOLUTION NO. 94- A RESOLUTION OF ~ PLANNING CO1VINIISSION OF TRV~ CITY OF TEMECULA DENYING CHANGE OF ZONE NO. 26 TO CHANGE TWF, EXISTING ZONING OF R~IDENTIAL AGRICULTURAL-20 ACRE MINIMU1VI PARCEL Srz~. TO MANUFACTURING SERVICE COMMERCIAL AND OPEN SPACE ON A 21.4 ACRE PARCEL LOCATED ON ~ SOUTHWESTERLY CORNER OF RANCHO C~LwORNIA ROAD AND RIDGE PARK DRIVE AND KNOWN AS ASSESSOR'S PARCI~ NO. 940- 310-014 WltF~REAS, Brian Kennedy and Drake Kennedy fried Change of Zone No. 26 in accordance with the City of Temeeula General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WRRRY_AS, the Change of Zone application was not processed in the time and manner prescribed by State and local law; WI:I'I~.EAS, the planning Commission considered the Change of Zone on Juue 6, 1994, at a duly noticed public hearing as prescribed by law, at which time interested persons had an oppormhity to testify either in support or in opposition; WI~.REAS, at the public hearing, upon hearing and considering all testimony and arguments, if any, of all persons deserving to be heaxd, the Commission considered all facts relating to Change Of Zone No. 26; NOW, TI~.RI~.YORE, ~ PLANNING COMMISSION OF TWO. CITY OF T'i"VIECULA DOES RESOLVE, DETF_j1MINE AND ORDER AS FOIJI3WS: Section 1. That the above recitations axe true and correct. Section 2. ~ The Planning Commission, in denying the proposed Change of Zone, makes the following findings, to wit: (1) The proposed use or action does not comply with all applicable requiremems of state law and local ordinances. The applicant has failed to submit all required information in a timely manner in order for the project to be deemed complete in accordance with State and local law. (2) The proposed zoning designations are inconsistent with the City's adopted General Plan. Therefore, staff cannot make the finding that the project is consistent with the General Plan. R:\STAFFRPT~26CZ.PC 5/3~/94 Idb 5 Section 3. Environmental Compliance. Per Section 15270 of the California Environmental Quality Act (CEQA), CEQA does not apply to projects which a public agency disapproves. Therefore, no environmental determination was prepared for thi~ project. Section 4. PASSED, APPROVED AND ADOPTED this 6th day of June, 1994. STEVEN F. FORD CHAIRMAN I RI~I?,Ry CERTIFY that the foregoing Resolution was duly adopted by the planning Commission of the City of Temecula at a regular meeting thereof, h¢ld on the 6th day of June, 1994 by the following vote of the Commission: AYES: NOES: ABSE~Vr: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONEKS: GARY THOR_N~-~TrJ, SECRETARY R:\STAFFRPT~2eCZ.PC 5/31/94, kJb 6 ATTACHMENT NO. 2 EXHIBITS R:%STAFFI~'%26CZ.PC 5/31/94 Idb 7 CITY OF TEMECULA \ CASE NO. - CHANGE OF ZONE NO. 26 EXHIBIT- A P.C. DATE - JUNE 6, 1994 VICINITY MAP R:\STAFFRPT~26CZ.PC 5131/94, Idb CITY OF TEMECULA h EXHIBIT B - ZONING MAP DESIGNATION - RESIDENTIAL AGRICULTURAL-20 ACRE MINIMUM PARCEL SIZE (R-A-20) M EXHIBIT C - GENERAL PLAN MAP DESIGNATION - PROFESSIONAL OFFICE CASE NO. - CHANGE OF ZONE NO. 26 PLANNING COMMISSION DATE - JUNE 6, 1994. R:\STAFFRPT%26CZ.PC 5/31/94 TO: FROM: DATE: SUBJECT: CITY ATTOR~;YPRO.~.~. CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Director of Planning '~'~ November 29, 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 the Old Town Mainstreet (Merchants) Association and the City of Temecula. BACKGROUND At the July 12, 1994 meeting, the Council first considered the orga,~,zation of the future maih 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 everyone; · 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 Direc-ors, 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. 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 mak~ the following amendments to their Bylaws as a procondition 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: e 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. Cooperative Aareement Based upon the Council's previous concerns, and the input of the City Attorney, staff has developed a draft Cooperative Agreement to formalize 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 to 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. ATTACHMENT 1 DRAFT COOPERATIVE AGREEMENT 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 rocommended by the City Council to ensure maximum feasible community participation and organizational effectiveness. B. To make no changes to the Bylaws or Articles o' Incorporation that coul0 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 implementthe 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 fundin~ sources to permanently support operation of the Main Street Program. E. To provide a detailed Annual Report for each fiscal year on how the City 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 f:ee and harmless from al; 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, agents and employees as the insureds or names as additional insured covering the services to De performed under this Agreement against all claims arising out of, or in connections with, this Agreement. B. Provide the following minimum limits: 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 party as true and correct. A. The City of Temecula and the Temecula Redevalopment Agency desires to promote the preservation and enhancement of Old Town Temecula; and, B. The City of Temecula prepared and adopted s Specific Plan to create a dynamic Old Town commercial and residential core that is attract,ve and of high quality, respectful of its historic buildings and unifying design theme and providing an economicall'~.' 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 Resoonsibilities 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 participation and organizational effectiveness. B. To provide partial funding for the Main Street °rogram for at least five years. The Old Town Specific Plan identified the following funding ?or each fiscal year: by the City Council. ii. iii. iv. v. vi. Fiscal Year 1994-95 e75,000 Fiscal Year 1995-96 $60,000 Fiscal Year 1996-97 $40,000 Fiscal Year 1997-98 $30,000 Fiscal Year 1998-99 e30,000 Subsequent funding in future years will be determined annually (1) General Liability: $1,000,000 co,nbined 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 Jfficers, officials, agents and employees; or the Association shall procure a bond guaranteei~:g 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 writing 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 R:~'IOGAND~IAINST.CC3 11/21/94 dwh 8 ATTACHMENT 2 EXISTING BYLAWS FOR THE OLD TOWN MAINSTREET (MERCHANTS) ASSOCIATION (c) Upon ,draission m ~ Association, .~ch new member shall be given one (1) copy of ~be ByLaws. Each member is r~sponsible for k~--ping anti manraining th-ar copy of the Association Bylaws. Fees, Dues and Assessmems Section 2.04. (a) All mereben shall pay annual dues in such amount ~s shall be determined by molulion of the Board of ~rs. Co) The first nnnual dues chill be payable when the application for membenhip in the Association is made. Mereben of the Old Town Temecula Mer~hanu Association become mereben of the Old Town Temecula Mnlnm~et A.ssocialion until the renewal date for the Association member~h~, when they will join the Mnlnstr~t Association. All ~nnnsl diles Shsll be prox-al~ on a quanniy basis to make all mcmbenhips cxpir~ on January 1, 1996. No separam application fee shall be charged for making application to membenhip in the Association. (c) Futu~ annual dues ~ha!l be du~ and payabl~ on January 1st of each of each suc, c.~ling y~ar. (d) Any dues and s~e~me,nt~ paid to the Association become the property of the Association and any severable or individual inn:rest of any member therein mrminates on such payment. Transferabilit~ of Membenhip Sezlion 2.05. Memberhip in this Associalion is nonuansfa-able and nonassiSnable. Membership Roster Seelion 2.06. The Association shall keep a membership roster co.tni.l.g the .nine and address of each member. The termi-.~ion of membenhip of any member shall be recorded in the roster, together with the manner of termi.nrion and tinr~ on which such membenhip c~ased. The membership roster sh~11 be k~pt at the Assocl.rion's principal offxce and shs|l be available for inspeclion by any member of the Association during regular business houn. Se~ion 2.07. All records of thk Association shall be open to inspection on the writran dvnand of any member at any z~asonable 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 shnn automatically mrmina~e for any of the foliowing r~asons: MAIN~'I'~IYLAW.F~/ 2 AsAmmsisab?~lss~ms~dDisssss~sl/l~s BYLAWS OF TKE OLD TOWN Th'WIECIKA MAINSTRn~T ~.SSOCIATION AN UNINCORPORATED ASSOCIATION ARTICLE I. OFFICES Section 1.01. The principal offi~ of the Association for the transaction of its business is locat~i at P.O. Box 1981, Temecula, in County of Rivehide, California, 92593. Section 1.02. The Board of Dix~'ton my by msolmion de,siEn~r~ other offices, within or without the State of Califonfia wher~ it is qualified to do business, as ks business may 1'equh'~. However, the Board ~h~11 illcur no f~n~nt'~ia], li~hility OD behalf Of the Association in obtaining other offices without the prior at~ of a majority of the voting members of the Association. Classes of Membership and Rights Section 2.01. The Association .~h~n have one (1) class of membership. The membenhip, voting, and other rights, inmr~sts and privileges of each member shall be equal. Each membership shall be allowed only one (1) vote in each election. Quali~eotions for Members Seaion 2.02. (a) The q,,~Hfi~Hons for membership ax~ as follows: any r~putable penon (at least eighteen (18) years of age), business, association, corporazion, partnership or estate, interested in the continued economic health and cultural vitality of Old Town, shall be eli~ble for membership. Admission Section 2.03. (a) Any qualified penon sh~ll be admitted W membership upon m.ldn~ application thmrw and upon the appzoval of the application by a majority of the Boani of Directors or their designee. The application shall be on such forms and in the ~n~nne~ prescribed by the Board of Direcwrs. (b) All applit~rions for admission W the Association shall contain an acknowledgem~t that the applicant has ~ the Articles, Bylaws and other appmpri~r~ roles and standards of the Association and that ff admiued to membership, agr~s to be bound thereby. (i) On his wrlw~ mluest for .st:tch r~-mir,~fion delivered w the President or Secretary of the Association penonally or by United States mail, such memberstrip w lcrminnte when the request is xcccivcd; or, (ii) When any member who fails to pay the membership dues or assessments when they become due and within forty five (45) days thereabet shall automatically terminated on tl2 forty sixth (46) day, provided he was given wrincn notice dellvercd w him personaliy or by United Slates mmil within ten (10) days prior to the date said dues or asse~ments were due. In the even~ that such wriffen notice is not given as heroin rcquL, cd, then said membership shall auWm~rlc-lly r~minate for nonpayment of dues or assessmen5 only i.f they al~ not frilly paid within ~ (30) days afler such wrincn notice is cvcnv. mlly given and delivc~i to the member in person or deposited in the United States mail, postage prrpaid and sent to the adch~ss as it appears on the books of the Association. Co) All rights and intexcst of membenhip in the Association shall cease upon the termln~rlon of or expulsion from membership in the Association as heroin provided. (c) Any member whose membenhip is terminated as provided for in rim Section, may be readmiued to membenhip by meeting the applicable membcnbip zcqui.rcments for new mereben. Discipline of Members Seaion 2.09. (a) Whenever a member of the Assocls,lon f~il~ w abide with the Articles, Bylaws or Rules of the Associ~,ion, the Board of Dix~ctors may discipline the member for their actions, behavior, or other good cause. Good cause shall mean the following: (i) Any conduct or behavio~ that brinffs the Association into public disrepute or violaxes the purposes for winch this Association is formed; (ii) Any willful failure or xcfusal to abide by the Articles, Byhws, or Rules of thi~ Association; (iii) Any willful failure or xcf~,~l to abkic by the terms of an award in any arbiu'aton proceeding under tbe terms of this Amcle afar having agn~d in writrig to do so and a_her having xP. ceived notice of the award; or, (iv) Any willful failure or refusal w pay any assessment levied pursuant to the provisions of this Article. Co) The Boant of ~rs is hereby authorized, as hcx~in pmvicicd w impose any of the following penalties: (i) Suspend the member fxom membership in the Association for a period not more rh=n one (1) year; or, Initial Board of Directors . Section 3.04. The Initial Board of Dixeaors for the Assoclarlon ~hall consist of the six (6) members of the Old Town Iqler, jaants Associalion Board of Directors. Tin~ (3) of these Dixeaors shatl have two year terms of office ending in April 1996, and thx~ C3) shall hav~ a one year term of office ending in April 1995. The one and two year tams of office sha/1 be den:rmlned by drawing lots. Additional Interim Dir~___er Section 3.05. The htirlal Boaxd of ~ may appoint one additional DL,~ctor to serve a one year man of office, ending in April 1995. Any directon appointed under thi~ section must be elected by a 2/3rds vote of the entixe Board of Dixectors. The additional Director shall have the ~me pzivfleges and responsibilities as any duly elected Di_~'xor of the Association. Election of Dir'eaors Section 3.06. The election of the Boani of Direnots shall be done in the followrag Inanne'E (a) During the month of January tn~:eding any election, the Seertory Shah send a notice to all members stating that nominations for th~ elected Board of Directors may be submined to the Secretary of the Association during the month of February and the President shall appoint a ~ (3) member NOmina'r;ng COWmi~'s~ to select qnaJ,Lfied c:alldidat~ for the Board of Directors. Nominarlons ~ha~ be open for a period of at leas~ thirty (30) days. Co) A ballot conmlnlng the list of can.dida~, and providing an oppormnit~ for write in candidates, shall be di.m'ibuted by certified m,;1 or other vexifiable m~-, not less than fourteen (14) days before to the ~ of the ~cheduled election. (c) Any member my vote by absentee ballot provided that the ballot is received by the Association no lat~x' than 5;00 p.m. the day before the scheduled election. Voting by proxy or cumulative voting (casting mt~tiple votes for a single candidate) is not allowed. (d) All elected Dix~-~on, other than those named in the Articles of Association, Shall be eleaed by the members present and voting at the fi_v~t Regular Meeting held in April of each year, pwvided that a quorum is present. If no quorum is proeat, the shall be held at the next Reg. lar or Special lvie~g at which a quonnn is present. The candida~s receiving the highes~ v,,mber Of vOleS are ~. (e) If d,,ring the Imr..ess of anuually electing rime membeu w the Boar~i of DL,'~ors there is a tie for the is1 ~ posi~on, t~ .hall be an bnmediat~ urnoff election w determine who shall serve on the Board. In the runoff election, any member of the Association in atmndance at the meeting may vote by secret ballot. gS'~BYLAW.FIN 6 As ~%ms~ by ~ l~ ~ 3/11t~ (vi) The heaving aff~inq any member shall be informal and the rules of evidence and rules of judicial procedur~ need not be observext. Th: burin~ shall be presided over by the President of the Association who stall (1) read the ctmrges agains~ the subjea member, (2) requi~ that the chalV,.s be verified by the tesrlmony of th~ p~rson or penons mnlcing the~; (3) hear any other witnesses against the subj~a manEr, (4) allow subjea member w cross-enmine ,~eh wimess; (5) allow tie subjea member w nmk~ a statement of his own behalf; (6) allow the member to ~' wimesses in his own behatf; (7) allow the Dizl~-~ors present, wben and as ztcogni~ed by the Chnlr, and sllbjea to collllol of the chair, w quesdon wimesses; and (8) rule on the nrtmkSiOn and exclusion of evidenc= and on questions of hearing pmc~iur=. (vii) After beari~ all relevant testixnony and evidence, the DL~ctors who s.~ pxesent at the hea~g .~hall vote on wl~'ther or not sufficient evidence has been presented to der~ine wh~ther the subject member ha~ failed w act in a mnnner consisteIlt with the ~ and ethics of the Association. The vo~e imposing disciplin~ or dismissing the matter shnll in either event be (viii) If the Bosrd of ~ has demrmine~l that the subject member has violarod ~e g~ nd ~ of ~ ~on, ~ ~n sh~ll d~e w~t ~ ~ push ~e ~bj~ m~ ~ ~y m~nn~r it ~s ~, ~ns~t ~ ~ ~xuv~io~ d thi~ S~. ARTICLRm- DIRECTORS N-tuber of Direaors Section 3.01. Th~x~ shall be seven (7) ~ ior the Association. These Bylaws may be mended w allow additional mereben on the Bo~ of Dire'ton. Any amendmere of thes~ Bylaws to allow additional mereben w the Board of Di.n~rs shall mquir~ a two-thirds C/13's) vote of the Bo~i. Qualifications of D'_wect__ers Seaion 3.02. A ~ of the Association must curr~n~y be, and have been, a member of the Association for at least one year prior to assuming the office of Dh-~-tor. Terms of Offies for Directors Section 3.03. The Term of Offi~ for any Dh~aor of the A~sociafion is ~wo ('2) y~an, except that the Term of Office for some Inkial Dir~n may be for a one yesr period. Any- Director elected by the membenhip shnll be ellgibl~ for x~tection up to two (2) consecutive two year terms, providext they continue w meet the q,,n.fications for office. MAIN,Vr~YLAW.Fffq 5 AsAm~adsdbytl~i~ss~ofl;)~s~ss3tllR4 (c) Vacancies caused by the fiesta; xt~i~xion, or disability of any I)ix~r, or rexnoval as pwvided in these Bylaws, or by an amcnchncnt of the Bylaws increasing the number of Dhr. ctors authorized shall be filled by a vote of the majority of the remnlnl.g Discton, thouEh less than a quorum, or by a sole mnaining Dix~'tor. A vote of the majority of the members of the Association may elea a Dixector at any dine w fill any vacancy not filJed by the Direcwrs as pwvided in ParaEt-aph (c) of thi~ Section. Should the of-~ces of all Direaor~ become vacant and there is consequently no Direaor left w fill vacancies, the vacancies shall be filled by a vote of the major~ of the membc~ ~ at a re~,,t~ar or special meeting of members called for th~ purpose. (d) Persons elected to fill vac~llcies 2.s ill thi~ sectioD provided sh~11 hold office for the uncxpired ms of their predecesson, or nndl their r~noval or wriu=n resi~a,~on as provided in theso Bylaws. M,,~,,~ of the Board of D'_h-ed_n_rs Section 3.11. (a) M__,__~fjngs ~h.ll be held at the princi~ office of the Association unless otherwise p~vided by the Boax~L Co) The Board of ~ ~h.n meet at least once a month at such dine and place as may be dasip~ by resolution of the Board of Direaors. (c) Spechl mecdngs of thc Board may be ~]hd by the l~,.sident, or, if he is absent, is --=hle, or refuses W act, by the Firs~ Vice President, or, if he is absent, is unable, or refuses w act, by the Second Vice President, or by any four (4) ~, and such mccdngs Shn!l be beld at the place desigx~ by the pex'son or persons t~lllng the me~dng and, in the absence of such designation, at the principal offxcc .of the Associa~on. · .--' :- ' (d) Writ~n notice of the ~imc and pl~ of meetings shall bc~deliv~''- personally to each Direaor or sent to him by United S,~m mail, postage prepaid, 'or 'by' telephone, at least four (4) days prior to such meeting.' If sent by m~,'l. the notice sh~, be '~ addressed to the Di~ctor at his ~d~r~ss as shown on the books of the AssoH.~rm and ~h~, be chromed given at the time it is deposited in the mail. (e) The wartsactions of any meetings of the Board, however called and noticed, arc as v-Aid as though the meeting bad been duly held after proper c311 and notice, and ]~l'Dvidzd th2Z 2 quoBllll as ~ delculed, is plW,,$C~ or 131'Ovided th,t either before or ~ ' the meeting -~eh ]:~reaor not present signs a waiver of notice, and consents to the ho~dleg of the meeting. All such waivers, consents, or aIxplDvais ~hnll be filed with the Associadons's records or mad~ a part of the ,~h~es of the meed~. (f) A~ least half of the all ~ mh.n con-fiLm a quonun for the t~n~don of Assoc~zion businc,~. Section 3.07. The duties of the Dizecton of the Assochtion s. re a~ follows: (a) To perform any and all duties imposed on them colleaivcly or individ,,.ny by law, by the Charier or Bylaws of this Association. (b) To employ such officers, agents, and employees as may bc authorized by the vote or wrkten consera of a majority of the mereben of the Assucladon. (c) To supervise all of~cen, agents, and employees of this Associmon to cnsuze that their duties are being pwperly performed. (d) To register their adth~ with the Secr~ of the Association, and w receive notices of meetings m~{l~i or telegsaphecl to them at the adch~ss on f~c with the Associadon. (c) To change the principal off~ of the Assoc4~rion f~m one loation Compensation of Directors Seaion 3.08. Dizecr~.shall serve wi~out compensation. ]!~mqval of Direaors S~ction 3.09. Any DL-ec~, my be removed fzom office at any time by the vote of a majority of the Membership of the Associnrlon. If any or all Direaors ar~ so removed, new Dix~aors may be elected at the ~rne mceting and shall hold offxcc for the remainder of the terms of the removed Director. If new Direaon axe not elected at such me~ing, the wc~ncy or vacancies c~-=~,'d shall be filled as provided in Se~lon 3.10. Vacancies Section 3.10. (a) Vacancies w the Boasd of Direcwn, shall ex~: (1) on the d.~rh, x~signation, or removal of any Direcwr, (2) whenever the number of Directors authorized by the Bylaws is inau~; and (3) on failure of the members young in any election w elca the full number of ~n authozized. Co) TheBoazdof~rsmaydechrevacan~thcof~ceofa~ for any of the following reasons: (1) the subject Direaor has been declared of mound mind- by an order of court, (2) the subject Dixector is convicted of a mi~dPme~nor rciaring to the duties or activities of the Assoclnrion, C3) the subject Director is convicted of a felony, or (4) if within sixty (60) days the notice of election the subject Director does not accept the office cithcr in writing or by attending a meeting of the Board of Dhzaon. waAn~-nnYt. Aw. Fn~ 7 Co) All additional ~ listed in SectiOn 4.01 shall be appointed by and serve at the picasure of the Board of Dimctor~ and need not be members of the Board of D~caon. Terms of Office Section 4.04. All Offwen of the Asso~mH~n ~hall serve for a one (1) year pc~xt from the tune they am ~ un~l ~hc nc~ ~n,~al ele~on. Duties of Officers Section 4.05. (a) President. The Pmsidem shall preside over all meetings of the Association and the Board of Dimaors, and shall appoint the mereben of the Committees identified in Section 05.01 of these Bylaws. In addition, the President my appoint a Sc~cant at Arms at any time during a meeting when k is necessary w maintaiu order. Co ) First Vice Presidere. The Fire Vice President shall preside over the meetings of the Association and the Board of Directon, and perform the other duties of Prcsidem in the absence of the Pmsidmm The Fnst Vice Pmsidem is also responsible for overseeing mcmbc~h~ activities and functions. (c) Second Vice Pmident. The Second Vice Pmsinent sh~u preside over the m~ings of the Association and the Board of Directors, and perform the other duties of President in the absence of the President and the Fint Vice Px~ident. The Second Vice President is also responsible for oveneeing specizl and promotional events. (d) Tmasu~r. The Tmasur= ~han .have charge of all receitms and monies of the Asso6ar~on, d~posit them in the name of the As,~afion in a bmnk apptoved by the Board, and disbune funds as ordered or anthotized by the Board. The Treasurer shall keep accurate account and collect all application feea, du~, and cbs_.-ges due flora mereben, and keep regular accounts of his receipts and disbuncments, submit his record when iv. quested, and ~ve an itemized statement at regular meetings of the AssociAtion. In the absence of thc President, Fint Vice l~sidcnt and Second Vice Presidere, the Treasurer shall prcsicic and assume the duties of the President. (C) Secr~taxy. The SectoralV sbaJl ke~p the minutes of all meetings of the Association and the Board and x~d such minutes at the beginning of each meeting, if requested to do so. The Secretary shall also mail out the Notices of Meeting for the Association and Board. With the consent of the Boaxd of ~, the Secr~xry my delcgat~ thcac additional rcsponsibilkies to an approFziate employee of the Associmion. In the absence of the President, Fint Vice President, Second Vice President, and Treasurer, the Seczm2ry shall assume the dudes of the President. Compemsation of Officers Seaion 4.06. Of-ricers shall serve without compensation. (~) In the absenee of a quorum, no bushess. shall be transacted. anci the only motion which the chair shall entertain is a motion to adjourn, provided, however, that a majority of the Direaors present at such meeting may adjourn until the time fixed for the next regular meeting of the Boani. (h) Meetings of Direaon shall be presided over by the l~sident of the Associmion, or in his absence, by the Fin~ Vice President or, in his absence, by the S~cond Vice President or, in their absence, the T~asurer of the Associalion, or in his absence. any Direaor chosen by a majority of the Directors pP,.sent. (i) Meetings of Dix~'tors shall be governed by Robert' s Rules of Order, as such rules my be x~sed, insolaf as such roles a$c not inconsistent or in conflict with these Bylaws, with the Ardeles of thh Association, or ~ State law. 0) Every m or decision done or made by a majorit~ of the Direaors present at a meeting duly held at which a quorum is p~sent is the act of the Board of DLreaors, and hence of the Association, unless the Azticles or these Bylaws ~luire a ~r~ar~r number. Number and Tries Section 4.01. (a) The .Officers of the Association shall he a l~siclent, Fire Vice President, Second Vice President, Secretary, and Treasurer. (b) The Association may aho have, at the discretion of the Board of Direaors, a S~t at Arms, one or more Assistant. Secrem-ies, one or more Assistant Trusurers, and such other supplemental offic~--n as the Boa~i of Direaors may deem necessary. A Sergeant at Arms may be used w l~=sln!v=in 01~ at ally m~l~xlg. The duties and responsibilities of these supplemenlxl o~ shall be determined by the Boaxd of ~. Qualifications Seelion 4.02. Any member of the Board of Directors of thig Association is q,,ali~ied t0 be an Officer of the Association as defined in Section 4.04. Election of Officers Seaion 4.03. (a) The l~sident, the Fix~ Vice I~sident, Second Vice Pl~sident, Sea~ary, and Treasurer shall be elec~ by the Directors fwm amon~ their number at their fir~ mee~ng following their election, or, in the case of the Direc'wrs named in the Axticl~s, at their first meeting following formation of the Association. Such officen, including the original officers, shall be eligible for reelection without limitation on the number of tens, provided they continue to meet the cl-alifications for office. MAII~'~BYLAW,I~I 9 As A~asssad by m~ Boas~t d Dmnss~s 311w9~ S~ion 5.0~. No member of the Association shall be allowed to serve as a voting member of any Comminee so long as their du~s ar~ delinquent. Non-members of the Association may assist and work on any Commitme of the AssOL'i~rlon as non-voWtg membcn or advisors. Section 5.05. Persons zppoimed in chat~ of commin~.._~ ~haU be recognized by the dtl~ of "Ch~i.rperson". ARTICLE VL lVn~TINGS OF lVIEM~ERS Regular Section 6.01. (a) l~g~,hr and Special M~tings .~h.11 be held at the principal office of the Association or otlzr place as my be designated by th~ Board of Dimcton. (b) T'n~rlme ofcach RegniarMeeting ofthc Assocl.r~on shall beat alimc set by the Boanl olin. The rosalag of individual Notices of lvlccting is not required for x~gularly schcduled meetings. Except in the cvczn of a declamt mnergncy, the Board of Dir~ton for th~ Association for that year, shall be ehscu~ at the mg,,lsr meeting held in April of each year beLZinnlng in 1995. (c) AI any 1L--gular Meeting, no action .~hnu be tak=n on any of the following proposals unless a wrinen notice of the m~dng has beea given to each member. (1) a proposal to sen, lease, convey, ~xehange, transfer, or othmvise dispose of all or substa~tl,ny all of the property or asses of the Association; C2) any proposal relating ~ the n~l property of the Association; (3) any proposal to incorporate; (4) any proposal to amemd the Articles of thi~ Association; or (5) any proposal to ctLssolve th~ Association. Smchd Se~don 6.02. (a) All Sp~:ial meetings of m~m~,rs shah be called by the Prnident, or ny four (4) ~n of ~e ~ion, ~ by not lss ~ ~-~ve ~nnt ~5 ~) of ~e Mem~n of ~e ~s~. (b) When mtuimt by these Bylaws or the Boazzt of Dinn~n, vainn notice of the time and place of meetings shall be delivered pm'sornlly to each m~nber, or sent to him by United States mail, postag~ prepaid, or by tel~phon~, at leag seven C/) days prior to the meeting. If s/at by mnil, the noti~ shall be addl~sed to the menlb~ at the addl'~s as shown on the books of the Association and shall be d~xned given at the time it is cL--posimd in the mail. (C) The Notice of Meetillg nh~ll, at a minimum contain, tile following information: the location, day and time of the meeting, th~ topics to be discussed, and the of the c~cision to be made or of the business to be Innsacted. A copy of the Ag~nda for the meeting may be sub~mr=d for the Notice of lvle~ing ff all the mtuimt infomatioo is provid=d. ~n,~nmn.~w.~ 12 As ~sssSsS ~ m~ ~sS ef Disstun s/lg~9~ Removal or Officers Section 4.07. Any or all officers may be x-anoved from office at any time by the vote of a majority of the ~rs of the Association. In the case of the r~moval of any officer, a new offi~r Shall be ~ected to serve the unexpLv~d pollion of the r~rlI1 of his predecessor at the meeting at which the offic~ is removed. Vacancies Section 4.08. (a) Vacancies in the ice of l~sident, Fiat Vice President, Second Vice President, Secretary, or Treasurer shall exist on the death, resi~a~on, or removal of such officer or on the failure of the direcwrs in any election w fill the office. Co) The Board of Directon my declax~ wt~nt any offme for any of the following reasons: (1) if the o~rzcer is declared of un~ound mind by an order of court, (2) the officer is convicted of a mlt-J.ne~.or x~i=fing to the duties or activities of the Association, (3) the officer is convicted of a felony, or (4) if within siny (60) days after thc notice of election the officcr does not acc~ the dficc cither in wrinng or by auending a mccfing of the (c) Vacancies ,h~n be filled by the Boaxd of ~ at the next regular meeting at which a quorum is present following the vacancy. (d) Oftcen elected to fill vacancies, as pwvided in rhi~ section, shall hold office for the uncxpix=i terms of their predecemn, or until their removal or mignation as provided for in these Bylaws. S~ion 4.09. The President, Firsz Vice l~sident, ~econd Vice President, Secretary and the Treasur=r, Shall constitute an Executive CommilT.=e to assist the Board in conduction routine business of the Association. ARTICLE V. COM1KITrk~-~ Seaion 5.01. Thc Board of Directors shall anthe and define the powen and duties of all Committees. All Cornmirr~_~ ShM1 Serve aE the pleasure of the Board. No Commitlee shall adopt theiz own bylaws or mainmln their own fUllCh in separate accotlns. Section 5.02. The President, with the approval of the Boai'd of Directors, shall al3point all Committee Chailpersons. Section 5.03. All Commit~ Chahpenons shall be members of the Association and shall - agree in writing, w abide with all atxpropriate rules and zeg,,la~ons of the Association. The Ch.irperSOn slnll appoint or select the members of thor Committ~ and Sh.ll provide tim Board of Dirmors with a complete list of the membenhip of the Comma. Ch~.ks and Notes Section ?.02. Except as otherwise specifically determined by resolution of the Boaxd of Directon, pwvided for in Section ?.01, by the Articles of this Association, or as otherwise ~quired by hw, all chech, drafts, promissory notes, ordm for the payment of money, and other evidences of indebtedness of this Association shall be si~ed by the Tr~gir~r, or Assist~m Treasurer, and countenigned by another officer of the Associa~on. Section 7.03. All funds of the Associ~finn shall be d~osimd w the credit of the Association in such banla, u'ust cornpanic, or other deposim-ies as the Board of ~rs may ARTICLe- VIE ARBITRATION OF CONTROVERSIES Seaion 8.01. (a) Any comroversy hotwean mereben involving theix membership or fights shall, on the wriuen ~luest of either member thereto, filed with the Pmsideut or Secretary of the Association, be submiffed to arbitration, nnd Such arbitration shall, excc?t as otherwise heroin provided, comply wifla Sections 1281 fin~ugh 1288.1 of the California Civil Code of Procedure. Co) Bach ']~t~y m the contwver~y shall seiea one (1) Member of the Association as an arbiu-aror and the two arbitmto~ so selected ~h~ll seiect a thh'd arbitrator from among the Board of Dix~cwrs, and the third arbitr'~or ~h~ll be the ~ arbitrator. (c) The neutral afoiwator Sh~11 appoint a time and place for the h~tring and cause notice thereof to be served person=ny or by r~Zistered or c~tified mail on the parties to the arbiwation and the other afoitrawrs not less tbgn SeVeu (7) deyS bd01~ the h~rillg, pwvided, however, that zppear-an~ at the he~ing waives the right to notice. (d) The nmm~l arbitrator my adjourn or continue the hearing as necessary. On request of a party to the arbitmion for good can,~, or on his own demnnination, the neuwal arbitrator may postpone the hearing to a time not l~mr than the dat~ fixed by the agr~mcnt for W~k4ng the ward, or to a lamr date if the parties to the arbitration consent thereto. (e) The Neutral arbitrator ~h~]l preside at the hearing, shall rule on the admission and excrusion of evidence and on questions of hearing procedure and shall ex~cise all powen relating W the conduct of the hearing. (f) The parties w the a~intion m entitled w be hear, w present evidence and to cross-examine witnesses appesmg at the hearing, but rules of eviclence and rules of judicial procedure need not be observed. Conduct of Mp~t_lw_w~ Section 6.03. (a) Me~ings of members shall be l~.sided over by the P~sident of the Association or, in his absence, by the Fire Vice President, or, in absence of both, the -~ocond Vice PiThtent, of in the absence of the Plaideat and Vice Pmiident$, any other ~r of the Asioci.tion piesent at the meeting, or if no di~aors or officers are present, by a clnah-man chosen by a majority of the ramben pitsent. (b) The Secrem'y of the Association shall act as Socr~uh-'y of all meetings of members, provided I.h.t i11 his ab.%,.-'llc~ th~ presiding officer shall atopolin another person w act as Secreu~ of the meeting. (c) Meetings stall be governed by Rebert's Pixies of Order, as such rules may be x~vised, insofar as such rules n~ not inconsistent with or in conflict with these Bylaws, with the A,r~cles of the Association or ~ Sta~ law. QuorlBll Section 6.04. The presence of fifteen percent (15 ~) of the Members of the Association shall constimm a quorum to call to order or tnnnct business at any Regular or noticed Speeizl Meeting. In the absence of a quorum, no business shall be tnnsamd and the only toolion winch the chair Shall entertain is a motion to adjourn. If after the official op~ning of any m~ing, the quorum is lost, the mereben px~nt may continue w wansact business until adjournment, if any actions taken (other than adjournmere) are approved by at le~ a majority of the members of the Association ~quix~i to constitute a quorum. Section 6.05. Voting Sh~ll be by voice vom, except ti~ the election of ~rs shall be by. s~cmt ballot. Memberi shall not be permilled W vot~ or act by pwxy, or comulafive]y vote. ARTIO',~- ~ EXECUTION OF INSTRUMENTS, DEPOSrfS, AND FUNDS Execution of Instruments Section 7.01. The Board of ~rs, exert as otherwise expressly provided in the Articles of Assoclalion or these Bylaws, may by x~solution anthoriz~ any officer or afteat of the Association to cnmr into any contract and deliver any iusmunenu m the name of alld on behalf of the Assuciation, and such authori~ may be ~xeral or confined to specific instances, provided, however, tim such conwatt or delivery is expx~ly anthorned in the Chair, Bylaws, - and/or approved by the vom or wrilmn consent of a majority of the members of the A. ss~x'~.fion. The President, and the S~ or Tx~asurer shall, upon being direaed by the Board of DLr~tors or the m~mbership, sign all leases, contacts, or other instruments in wridng of the Association. MA~'r~Y1-AW-!=~/ I3 ~ { ~ ~ ios~mt or~ 311~ (c) The ft.cal y~ar for the A.tsoei~fion i April 1 throu,*h March Section 10.02. The Boaxd of ~ my adopt, use, alto, or mnc~l an Association insignia or seal, or both, and by rule slmll tnt~zibe the time, man,~er, and place in which s,,eh insignia may be worn or used. ARTICLE X'L CONSTRUCTION Section 11.01. As used in these Byhws: (a) The pr~___-cAt tense includes the past and fi,nm~ tenses, and the futur~ tense includes the present. Co) The m gender inalude, fe,-inl-e and neuter. (c) The singular nmnbex inchd~ the plural, and the plural number inchlde~ the ~llg~fl=r. (d) ~ WORI ",~h~lT" i8 m:~nrl=rrlry nnd the wold (e) The wonts "DinR:tors" and *Board" as used in these bylaws in to any power or duty xequixing collective action, mean 'Beani of Directors". (f) The word "Article' as used in these byhws means the Articles Incorporation or charter for the ADOPTION We, the undersigned, axe all of the persons n=med as ftm Directm~ in the Ch=rter of ,big Asaociation, and hereby mend and adopt the =rmeh~-! Byhws of said Association. Dir=tor Dirmor (g) The awald _~hs~ be in writing and signat by the attfilrators concurring therein. It shall include a determimtion of all the questions to the arbitraton the decision of which is necessary in order w deternine the controversy. Cn) The neuwal arbkrawr shall serve a signed copy of the award on each party to the srbin~on personally or by regis~ted or certified mail. (i) The.award shall be made within thhty ('30) days after the conclusion of the heating, provided, however, tha the objection that the awani was not timely made is waived unless the party objecting g~ves the arbiwawrs wrimm notice of thi~ objeaion prior w the sawice of a siglled copy of the award on him 0) The manner of concoring and enfonfing the award shall be p~scribed in Sections 128~ and 1285 through 1288.8 of the California Code of Civil Procedure. ARTICLE IX. BYLAWS Adeption, Anaendrn,nt~ and Repeal Seaion 9.01. These Bylaws shall become effective on their being si~ned by the original Direaors of the Association, or on ~ adoFdon by the vote or wriuen consent of a majority of the members of thi~ Associa~on. These Bylaws my be mended or r~ed, in whole or hi pan, and new Bylaws adopted by the vote or w~tmn consent of a mjority of the Dh~ctors of the Associ~tlon. All members of the Associau'on shall be notified of all amendments to these Bylaws. Certification and Iaspe~.'on Section 9.02. The orion.1 or a copy of the Byhws, as mended or otherwise ait~d w da~, ~ by the Secreuh-y of the Assochfion, s~ll be ~ecorded and k~pt in a book which shall be k~ in the pmciFal office of the Association, and such book shall be open to in~peaion by the members at all ~asonable me during office hours, ARTICI.I~. X. I~lq~ORTS, FISCAl, YEAR, INSIGNIA, AND SEAL .~nnUal Report and l~anchl Statement Section 10.131 (a) The Board of Diz~'wrs sh~ll cause a wdllell ~nnual repolI, including a financial stammcnt, to be pv~0sred and submitw, d to the membe~ in April of each year. The r~aort ~h=ll ,m,mmariZe the AssoH.rlon's activities for the pllCeding year alld activitic,s projected for the forthcomln5 year. (b) The financial statement sh=ll consist of a balance sh~t, as of the close of business of the corpomion's fiscal year, a summa~ of rec~pts and disbursements, and be prepa~i hi such manner and form as is ~,~nctioned by sound accounting practices and crucified by the Treasurer or a certified public accountant. A'R'ACHMENT 3 CITY ATTORNEY'S Lh ~ I ER Mr. Gary Thol-n/%ill 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 Sec~cion 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 ~he 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) e 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 01d Town Temecula; C. To encourage the preservation end re-use of historic structures in Old Town Temecula; and D. To improve the general welfare and the civic betterment of Old Town Temecula." BUR~, WILLIAMS & SORENSEN Augtxst 27, 1994 Xr. Gary Thornhill Director of Planning City of Temeculs 43174 Business Park Drive Temecula, California 92590 RECEIVED AU63119 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 end 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 m~mhership are as [ollows: 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." Mar. 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 enc,m~er real property and to cons=ruct buildings on real propel=y, and (5) the power to conduct activities that ful-ther the pu_~oses of Association. All of the powers of the Association ere qualified by the fact that they must be exercise so as ~o further the purposes of the Association set forth in Article II. Ar%icle 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 fulwcher questions or comments, please feel free to call me at any time. CC. Ronald Bradley David Hogan/ Very truly yours, Peter M. Thorson of Burke, Williams & Sorensen TO: FROM: DATE: SUBJECT: I APPROVA~YR%.~~ CITY ATTORNEY F NANCE OFFIC R CITY MANAGE CITY OF TEMECULA AGENDA REPORT City CouncilSCity Manager Joseph Kicak. Interim Director of Public Works/City Engineer November 29, 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 27th meeting of the P/TSC for formal action. At that meeting the Commission voted 4 to 1 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 oniy advisory and felt that they would feel no animosity for non-inclusion. FISCAL IMPACT: None Attachments: Proposed Duties of the Public/Traffic Safety Commission -l- r;~aldrpt~4~] 129~u~ies,~om/a. lp PUILICfilAIzMC St~/ssl-:k COMMISSION wt~by tbe Cin/Concil, m-ve mdse Cby Coundrs princilnl reviewing body; and, c) upon Tint ,he Com~t.-ion shall be prepsml m ~ all Ci~ Co,,--i,.-iom on martins of publictnfiic safety and trusponation. ITEM 16 APPROVAL E~ CITY ATTORNEY FINANCE OFFI CITY MANAG CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Peter Thorson, City Attorney November 29, 1994 Establishing and Amending Time Limits Redevelopment Plan 1-1988 in the County of Riverside RECOMMENDATION: That the City Council adopt the following Ordinance: RESOLUTION N0.94 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AND AMENDING TIME LIMITS IN THE COUNTY OF RIVERSIDE REDEVELOPMENT PLAN 1-1988 BACKGROUND: On July 12, 1988, the County of Riverside, prior to the incorporation of the City of Temecula, duly adopted Ordinance No. 658 enacting a Redevelopment Plan, known as the "County of Riverside Redevelopment Plan 1-1988, (hereinafter referred to as the "Temecula Plan"). The City of Temecula was then incorporated on December 1, 1989. All the Project Area of the Temecula Ran was entirely within the corporate boundaries of the City of Temecula. Pursuant to City Ordinance 91-11, which became effective May 9, 1991, and City Ordinance No. 91-15, which became effective April 9, 1991, the City approved the Plan. These Ordinances had the effect of adopting the Plan and transferring jurisdiction over the Plan to the Redevelopment Agency of the City of Temecula, as of July 1, 1991. Pursuant to Ordinance No. 93-04 and 94-03, Ordinance No. 91-11 was codified at Section 8.04.010 of the Temecula Municipal Code. In addition, at the time the Temecula Redevelopment Agency took over the Temecula Plan from the county, the City and Agency entered in a Stipulated Judgement in the case entitled Robert Dawes, Save Historical Temecula v. Redevelopment Agency of the County of Riverside, et. al. Riverside County Superior Court Case No. 194468 MF, consolidated with Case No. ' 194948. This Judgemerit imposed various additional limitations on the Plan, including that, subject to certain exceptions, no more than ~60,000,O00of tax increment revenues shall be allotted or I~aid to the Agency during the term of the Plan. The Community Redevelopment Law was amended in 1993 Assembly Bill 1290 {Chapter 942 of 1993.) Assembly Bill 1290 ("AB 1290") amended Section 3333.6 of the Health and Safety Code to require that a redevelopment plan which either lacks the required time limits or which contains time limits in excess of the maximums established by AB 1290 must be amended by ordinance on or before December 31, 1994, to bring the plan into conformity with these requirements. Specifically, Section 33333.6 mandates that the City adopt an ordinance establishing the following time limits on the Temecula Plan: 1. Section 33333.6(a) mandates that the time period for establishing debt be limited to twenty years from the adoption of the Plan or the year 2004, which ever is later. Because the Temecula Plan presently permits debt to be incurred for up to forty years, it must be amended to require that all debt be established prior to July 12, 2008, which is twenty years after the adoption of the Temecula Plan. 2. Section33333.6)(b)providesthattheeffectivenessofeveryredevelopmentplen shall terminate forty years after its adoption or January 1,2009, whichever is later. After that time, the redevelopment agency shall have no authority to act pursuant to the plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts end other obligations. The Temecula Plan presently has a forty year term and expires on July 12, 2028. However, it does not expressly state that the Agency shall have no authority to act after the forty years. Consequently, an amendment is necessary to state that after the Temecula Plan expires on July 12, 2028, the Agency shall have no authority to act. 3. Section 33333.6(c) mandates that, subject to certain exceptions, an agency shall not pay indebtedness or receive property taxes ten years after the termination of the effectiveness of the plan. The Temecula Plan has no such limitation, and consequently must be amended to require that the Redevelopmerit Agency not pay indebtedness or receive property taxes after July 12, 2038, which date is ten years after the termination of the effectiveness of the Plan. FISCAL IMPACT: None ATTACHMENTS: Ordinance ORDINANCE NO. 94- AN ORDINANCE OF THE CITY COUNCIL OF ~ CITY OF -n~!F, CULA ESTABLr~t~NG AND AMENDING TIME LIM1TS IN THF~ COUNTY OF RIVERSIDE ]~EDEVELOPIVrENT PLAN 1-1988 WHEREAS, on July 12, 1988, the County of Riverside, prior to the incorporation of the City of Temecula, duly adopted Ordinance No. 658 enacting a Redevelopment Plan, known as the *County of Riverside Redevelopmerit Plan 1-1988, (heronafter referred to as the *Temecula Plan"); W!tEREAS, subsequent to the enactment of the Temecula Plan, the City of Temecula was incortnnated on December 1, 1989; WVR~_AS, all the territory to which the Temecula Plan applies (hereinafter referred to as the "Project Area ") is now within the coxporate boundaries of the City of Temecula; WHEREAS, pursuant to City Ordinance 91-11, which became effective May 9, 1991, and City Ordinance No. 91-15, which became effective April 9, 1991, the City approved the Temecula Plan. Said. Ordinances had the effect of adopting the Temecula Plan and transferring jurisdiction over the Temecula Plan to the Redevelopment Agency of the City of Temecula, as of July 1, 1991. Pursuant to Ordinance No. 93-04 and 94-03, Ordinance No. 91-11 was codified at Section 8.04.010 of the Temecula Municipal Code; WHEREAS, the purpose of this Ordinance is to amend the Temecula Plan to incorporate certain time limits mandated by Assembly Bill 1290 (Chapter 942 of 1993.) Assembly Bill 1290 ("All 1290") amends Section 33333.6 of the Health and Safety Code to require tht a redevelopment plan which either lacks the required time limits or which contains lime limits in excess of the maximums established by All 1290 must be amended by ordinance on or before December 31, 1994, to bring the plan into conformity with these requirements. This Ordinance is enacted as mandated by and in accordance with Section 33333.6; WHI~-REAS, Section 33333.6 establishes certain limitations on the incurring and repaying of indebtedness and the duration of redevelopment plans, which limitations apply to every redevelopment plan adopted on or before December 31, 1993; WHEREAS, Section 33333.6(a) mandates that the time period for establishing debt be limited to twenty years from the adoption of the plan or the year 2004, which ever is later. Because the Temecula Plan presently permits debt to be incurred for up to forty years, it must be amended to require that all debt be established prior to July 12, 2008, which is twenty years after the adoption of the Temecula Plan; o~66 I ~Ik'~-Y_AS, Section 33333.6Co) provides that the effectiveness of every redevelopmerit plan shall terminate forty years after its adoption or lanuary 1, 2009, pursuant to the plan except to pay previously incurred indebtedne~ and to enforce existing covenants, eonwacts and other obligations. Although the Temecuh Plan tm a forty year t~m, it does not e~__sly state that the Agency shall have no authority to act after the forty years, and consequen~y, and amendment is necessary to incorporate this limitation; WVIRREAS, Section 33333.6(c) mandates that subject to certain exceptions, and agency shall not pay indebtedness or receive In'openy taxes ten years afar the tr. tmination of the effectiveness of the plan. The Temecula Plan has no such limitation, and consequen~y must be amended to reflect this requirement; WItRRY. AS, the incorporation into the Temecula Plan of the time limits set forth in Section 33333.6 of the Health and Safety Code is mandated by law and is therefore not a discretionary act of the City. Accordingly, this section does not constitute a project within the meaning of the California Envi~oamental Quality Act (Public Resources Code Section 2100 et. ll!IR.) and is not subject to environmental review; and WI:IEREAS, pursuant to the judgment entered into the case entitled Robert Dawes. Save I4istoric~l Temecula v. Redevelqpment Agency of the Count, of Riverside. et. al. Riverside County Superior Court Case No. 194468 lVIF, consolidated with Case No. 194948, various additional limitations are placed on the Temecula Plan, including that, subject to certain exceptions, no more than $60,000,000 of tax increment revenues shall be alloRed or paid to the Agency during the term of the Plan. NOW THERI~ORE, the City Council of the City of Temecula does hereby ordain as follows: S~ion l. Section 540 of the Plan is amended to r~d as follows: "FINANCING LIMITATIONS. Consistent with Sections 33333.2 and 33334.1 of the California Community Redevelopment Law, the following financing limitations are imposed on this Plan: Taxes, as defined in Section 33670 of the Redevelopment Law shall not be divided and shall not be allocated to the Agency in excess of One Billion One Hundred Ten Million Dollars 61,110,000,000) except by amendment of this Plan. This limitation is subject to the limits on the incurrance of debt, if any, imposed by the Final Judgment in the case antifled Robert ])awes. Save Histori~l Temec~la v. Redevelopment Agency of the County of Riverside. et. ~!. Riverside County Superior Court Case No. 194468 MF, consolidated with Case No. 194948. oeis66 2 No leans, advances, or indebtedness to finance, in whole or in pan, the Project, and to be repaid from the allocation of those taxes described in the before-mentioned Section 33670, shall be es~hlished or incurred by the Agency beyond July 12, 2008, which date is twenty (20) years from the date of adoption of this Plan. However, such loans, advances, or indebtedness may be repaid over a period of time longer than such time limit. From time to time as may be appropriate, the Agency may issue bends and/or notes for any of its corporate purposes. The Agency may issue such ~ of bends on which the principal and interest are payable in whole or in pan from the tax increments. The total outstanding principal of any bonds so issued and repayable from said tax increments shall not exceed Three Hundred Forty Million Dollars ($340,000,000) at any one time, except by amendment of this Plan. Tax increment revenues generated in each of the noncontiguous portions of the Project area shall be accounted for separately and shall be used to benefit the respective communities in which such revenues were generated." Smlon2. Section 610 of the Plan is mended to read as follows: 'DURATION OF PLAN AL-rlvrrL~ Except for the nondiscrimination and nonsegregation pwvisions which shall run in perpetuity, the effectiveness of this Plan shall terminate July 12, 2028, which date is forty (40) years from the date of adoption of this Phn. After July 12, 2028, the Agency shall have no authority to act pursuant to the Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts and other obligations. The Agency shall not pay indebtedness or receive property taxes pursuant to Health and Safety Code Section 33670 after July 12, 2038, except as otherwise specifically permitted under Health and Safety Code Section 33333.6" Section 3. This Ordinance shall be effective thirty days after its adoption. The City Clerk is directed to publish and post this Ordinance as is required by law. Onis6~ 3 PASSED, APPROVED AND ADOPIll) this 2~)th day of November, 1994. ATTEST: Ron Rot~rts, Mayor June S. (]leek, City ~k STATE OF CAt,n:ORNIA) COUNTY OF RIVEP, SIDE)~s CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 94- was duly introduced and placed upon its first reading at a regular raceling of the City Council on the 29th day of November, 1994, and that thereaft'r, said Ordinance was duly adopt~l and passed at a regular meeting of the City Council on the 29th day of November, 1994, by the following vote, to wit: AYES: NOES: ABSENT: COUNCK,M~-MBERS: COUNTERS: COUNC~ERS: June S. Greek, City Clerk 5 ITEM 1 TEMECULA COMMUNITY SERVICES DISTRICT ITEM 17 APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Ronald E. Bradley, City Manager DATE: November 29, 1994 SUBJECT: Community Services Funding Program Prepared by: Mary Jane McLarney, Assistant City Manager RECOMMENDATION: That the City Council consider the recommendations for the Community Services Funding Grants for FY 1994/95. BACKGROUND: At the request of the City Council, Mayor Pro Tem Stone and Councilmember Birdsall met with Shawn Nelson and Mary Jane McLarney to review the applications submitted to the City for funding consideration. Attachment A lists these requests along with prior year funding and the recommended amount for FY 1994/95. It should be noted that in addition to the 9100,000 in the City Council discretionary fund, this year's budget includes 920,000 in the Community Service District for funding the Arts. The Committee is recommending that 915,000of this amount be allocated to the Arts Council and 95,000 be allocated for City arts functions such as the Summer Concert Series. In addition to the requests from non-profit organizations, we have included a 94,000 matching grant for funding approval. This grant was a joint application with the Temecula Valley Unified School District for a Federal Community Service Learning Program which will provide K-12 students the opportunity to perform community services as part of their basic curriculum. FISCAL IMPACT: A total of 9120,000 is available for this program. ATTACHMENT: CSD Funding Program 1994/95 Applicants 'DEPARTMENTAL 'REPORTS APPROVAL: CITY ATFORNEY ~ FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FRO M: DATE: SUBJECT: City Council/City Manager Anthony Elmo, Chief Building OfficiaL/'~'r_-- November 29, 1994 Building and Safety October 1994, Activity Report RECOMMENDATION: Receive and file. DISCUSSION: The following is a summary of activity for October 1994: Building Permits Issued ............................................. 146 Building Valuation .......................................... ~4,743,243 Revenue Collected .......................................... $87,636.76 Housing Starts .................................................... 44 Building Inspections ............................................. 3,140 Code Enforcement Actions .......................................... 375 Active Cases Pending ............................................... 75 Closed Cases .................................................... 15 V:\TONY%REPORTS\OCT'94.RPT 11/7/94 tda APPROVA C ATTORNEY ~11 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Gary Thornhill, Director of Planning'~r November 29, 1994 Monthly Report RECOMMENDATION: Discussion: Caseload Activity: Receive and File The following is a summary of the Planning Department's caseload and project activity for the month of October, 1994: The Department received twelve (12) applications for administrative cases and one (1) application for a public hearing case for the month of October as follows: Development Agreement 0ngoing Projects: Total Old Town Streetscape ImOrovement Project: The consultant interviews for the West Main Street Demonstration Project are finished. EPT (Eriksson, Peters and Thomas) was the top rated firm. The contract has been finalized. Council approval is expected in December. Old Town Redevelooment Project: Staff continues to meet with Zev Buffman and Gene Hancock. The remaining feasibility studies are expected to be completed shortly. Development Code: The Advisory Committee has completed its review of the Draft Code. A joint Planning Commission/City Council workshop to formally introduce a public hearing draft of the development code is being scheduled. A draft zoning map will also be presented at the workshop. French Valley AirD0rt: The ALUC will be meeting on December 14 to recommend approval to the County Board of Supervisors for the FEIR, Facility Master Plan and the Comprehensive Land Use Plan for the French Valley Airport. Nicolas Vallev Soecial Study: The contract has been finalized and was approved by Council in October. Temecula Re(3ional Center Soecific Plan and Environmental Imoact Reoort: The Regional Center Specific Plan was approved at the July 18, 1994 Planning Commission meeting and October 11, 1994 City Council meeting. The Environmental Impact Report 340 prepared for the Regional Center was certified by the City Council on July 13, 1992. CamDos Verdes Specific Plan and Environmental Impact Reoort: The Campos Verdes Specific Plan and Environmental Impact Report (EIR) were approved at the September 13, 1994 City Council meeting. Winchester Hills This Specific Plan and Environmental Impact Report have been placed on hold by the applicant. Murdv Ranch Specific Plan and Environmental Imoact Report: Applicant has responded to staff's comments on the Specific Plan. The Addendum to the EIR has been circulated for public review and the applicant is preparing the response to comments. The applicant has requested additional time in order to file for a Development Agreement application. After the Development Agreement is submitted and reviewed by staff, this item will be scheduled for Planning Commission and City Council hearings. Johnson Ranch Soecific Plan: This item will be scheduled for a January 1995 Planning Commission hearing. Rorioauoh Ranch Specific Plan: Planning staff is preparing the Notice of Preparation to begin the Environmental impact Report (EIR) process. Staff held a Development Review Committee meeting with the applicants on September 15, 1994 to discuss staff's general concerns with the project, The applicant has submitted the Specific Plan for staff's review. After reviewing the Specific Plan a Planning Commission date will be determined. Staff is reviewing the amended Specific Plan and negotiating on the Development Agreement. A tentative Planning Commission date has been set for December 5, 1994. Attachment: 1. Revenue and Status Report - Page 3 ATTACHMENT NO. 1 REVENUE STATUS REPORT ACCOUNT # 14:53:36 GENERAL FUND pLANNING DESCRIPTION CZTY OF TENECULA REVENUE STATUS REPORT OCTOBER 1994 ADJUSTED OCTOBER 1994-95 ESTIMATE REVENUE REVENUE PAGE 1 BALANCE ,% COL 4101 4102 4103 4104 4105 4106 4107 4108 &109 4110 4111 4112 4113 4115 4116 4117 4118 4119 4120 4121 41' 41 412~ 4125 4126 4127 4120 4131 4136 4139 4140 4142 4143 RMENDED FINAL HAP APPEALS CERT. OF LAND DIV. COMPLIANCE EXTENSION OF TZNE SINGLE FAMILY TRACTS HULTI-FAHZLY TRACTS pARCEL MAPS LOT LINE ADJUSTMENT MINOR CHANGE pARCEL MERGER (2-4 LOTS) RECORDABLE SUBDIVISION NAPS REVERSION TO ACREAGE (5+LOTS) SPECIAL SERVICE LETTER SECOND UNIT pERMITS CHANGE OF ZONE CONDITIONAL USE pERMIT CONSISTENCY CHECKS GENERAL PLAN AMENDMENT PLOT PLAN PUBLIC USE PERHZT REVISED pERMIT GETBACI( ADJUSTMENT SPECIFIC pLAN SUBSTANTIAL CONFORNANCE TEHORARY OUTDOOR EVENT TEMPORARY USE PERHIT VARZANCB ZONING INFORMATION LETTER .00 .00 .00 .00 ,00 .00 325.00 3Z~.O0' .00 ,00 .00 .00 .00 .O0 704.00 704.00- .00 .00 5,8.~.00 5,8~,,.00- .00 ,00 .00 .00 .00 102.00 4,600.00 4,600.00' .00 2;30,00 230.00 Z$O.OO- .00 .00 940.00 940.00' .00 .00 ,00 .00 ,00 .00 .O0 .00 ,00 .O0 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 5,49Z.00 5#49Z.00' .00 .00 7,630.00 7,630.00' ,00 .00 ,OO ,00 .00 ,O0 ,00 ,00 170,000.00 ~528.00 ' 1,614.00 168,386.00 .00 590.00 1,180.00 1,180.00' .00 .00 1,180.00 1,180.00' .00 250.00 250.00 250.00- .00 .00 35,654,00 35,654.00- .00 1,426.00 4,278.00 4,Z78.00' .00 113.00 437.00 437.00- ,00 ,00 ,OO ,00 ,00 .00 .00 .OO · OO .00 ,OO ,OO ,00 .00 1,877.90 1,877.90' .00 .00 Z,6Zg.00 2,6Z9.00' .00 4,000.00 4,000.00 4~000.00' ,00 .00 .00 .00 .00 ,00 .00 .00 ,00 .00 .00 .00 ,00 ,00 ,00 .00 .00 500.00 SOO.O0 500.00- .00 .00 .00 .00 .00 .OO ,00 .00 .00 .00 .O0 .OO .00 .00 .00 ,00 ,00 .00 .00 .00 .00 .00 .00 .OO .00 .O0 .00 .00 .00 .00 .00 .00 .O0 ,00 .00 .00 .DO .00 .00 .00 001 161 ACCOUNT # 4147 4148 4149 4150 4151 4152 4153 4154 4155 4156 4157 4169 4170 4180 4200 4206 4226 4260 4261 4262 436~. DESC~[PTXON VACATXONS pLAN CK DOCUNENT pROCESSiNG CONDEMNATION PLAN CHECK REVERSION TO ACRE. PLAN CNECK PARCEL NAP pLAN CHECK TRACT NAP PLAN CHECK AHENDED NAP PLAN CHECK 4TN & SUBS. $UEM[TTALS FF.~A STUOY REVUE14 LOMA REVIEg DRAINAGE STUDY REVIE~ ZNPROV; INSPECTION ON*SITE K-RAT STUDY FEES FAST TRACK pLANNIRG FORNA FAST TRACK IN HOUSE pLAN CHECKS ANNEXATION FEES TEMPORARY USE PER~IT ACCESSORY t4XND ENERGY LARGE FAHILY DAY OARE HAZARDOUS ~4ASTE FACILITY LAND DZV UNIT NAP LANDSrAPE PLAN CHECK PLANNZNG CITY OF TENEOJLA REVENUE STATUS REPORT OCTOBER 1994 ADJUSTED ESTINATE ,00 ,00 ,00 .00 ,00 .00 ,00 ,00 ,00 ,00 ,00 .00 ,00 · ,00 .00 ,00 ,00 .00 .00 .00 .00 .00 ,00 170,000.00 OCTOBER REVERUE .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 750.00 .00 .00 .00 .00 .00 .00 4,455.00 12,9~.00 1994-95 REVENUE .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 3,520,00 710.00 .00 .00 .00 .OO .00 18,370.00 101,96~.90 BALANCE .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 3,520.00- 710.00- .00 .00 .00 .00 .00 18,370.00- 68,035.10 PAGE COL 60.0 REPT155 COUNT & VALUATION SUHHARY BY TYPE PAGE 11/21/9~ 13:05 Subtotal: Cnstr Type Range I 10/01/9~Thru 10/31/~ OCTOBER 1~ Date Type: 1 ; (SeLect):PLAN A/P/D Type Construction type Comt Sq Feet VaLuation Fees Paid A PLANNING CASEol~9~ DEVELOPHENT AGREEHENT Fen TRACKIHC PURR)F~:C LOT LINE ADJUSTNENT NERGER OF CONT. PARCELS NINOR/NAJOR EVENT/PROFIT NINOR EVENT - NON PROFIT HINOR PUBLIC USE PERNIT PLOT PLAN ADNINISTRATIVE SETBACK ADJUSTNENT SUBSTAN CONFORN-GENERAL 1 0 .00 4,550.00 1 0 .00 .00 1 0 .00 1 0 .00 133.00 1 0 .OO 50.00 1 0 .00 888.00 ~ 0 .00 2,605.00 1 0 .00 270.00 2 0 ,UO 740.00 14 0 .00 10,814.00 * TOTAL ** 14 0 .00 10,814.00 ** TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Interim Director of Public Works/City Engineer November 29, 1994 Public Works Monthly Activity Report RECOMMENDATION: Attached for City Council's review and filing is the Department of Public Works' Monthly Activity Reports for October, 1994. CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report NOVEMBER, 1994 Submitted by: Joseph Kicak Prepared by: Don Spagnolo Date: November 17, 1994 I. WORK UNDER CONSTRUCTION: 1. Pala Community Park: Construction began on August 15, 1994. The masons have completed setting and grouting the reinforced block concession stand. Lumber has been delivered to the site and the building should be fully enclosed by the end of the month. The soccer field, tennis courts and basketball courts have been fine graded. The water mainline servicing the park has passed inspection and the service meters are expected to be installed by the end of the month. SCE and GTE have also installed their service lines. The sewer lateral has been installed and will be connected to a system that is to be built by an adjacent developer prior to the opening of the park. Curb and gutter has been placed and the asphalt road and parking lots should be completed by the end of the month. Several items of work are scheduled to be completed during the month of December, 1994. The play surfaces of the tennis and basketball courts, the irrigation system, the soccer field light footings and the hardscape within the park should be completed by the end of December, 1994. Construction is approximately 35% complete and is scheduled to be completed by June 1995. 2. SPOrtS Park Slooe Reoair: Construction began at the end of April, 1994. The construction of the project has been completed and the 90-day maintenance period began October 3, 1994. The project is expected to be accepted by the beginning of January, 1995. The project consisted of the reconstruction of the slope below Margarita Road, the installation of an irrigation system and landscaping on the reconstructed slope, and the reconstruction of a portion of the earthen channel meandering through the park. 3. Loma Linda Park - Ih Construction began the end of July, 1994. The construction of the project has been completed and the 90-day maintenance period began October 31, 1994. The project is scheduled to be accepted by the beginning of February, 1995. The project consists of grading and the installation of irrigation, landscaping, play equipment and other amenities. pwO4\moectrpt\cip\94~Nov 11/16/94 Monthly Activity Report November 17, 1994 Page 2 4. Ynez Road Landscal)e Imorovements: On October 13, 1994 the construction of Ynez Road Landscaping Improvements was completed, which began a 90 calendar day landscaping maintenance period. During this maintenance period there will be a monthly walk through until the project is accepted. 5. Traffic Sional at Winchester Rd. (HWY. 79N) & Nicolas Rd. City Council awarded the contract to Paul Gardner Corporation. The project consists of constructing a temporary three-way traffic signal at the intersection of Winchester (HWY. 79N) and Nicolas Road. On October 20, 1994 the contract time of 90 working days began and will end on March 7, 1995. The contractor has ordered the traffic signal poles with delivery expected in 14 to 16 weeks. The contractor will be performing all the necessary underground work during the next few weeks. 6. Traffic Signal Modification at Rancho California Rd. & Front St.: The contractor has completed the work and staff will be recommending acceptance of the project at the City Council meeting on December 13, 1994. 7. Kent Hinterqardt Memorial Park: Construction began August 22, 1994 and is approximately 80% complete. Work is expected to be completed prior to the end of December, 1994. The contractor has completed setting and grouting the reinforced block concession stand and is scheduled to complete the roof, concrete slab and the sewer lateral by the end of November, 1994. The project consists of the construction of a 950 square foot concession stand and rest room facility with a 225 square foot porch. 8. Traffic Signal & Vehicle Pre-Emption Installation: On November 15, 1994 City Council awarded a contact to Paul Gardner Corp. A preconstruction meeting will be held at the end of the month. The project includes the installation of Traffic Signal Emergency Pre-Emption equipment at four (4) signalized intersections and Vehicle Emergency Pre-Emption equipment on nine (9) Fire Department vehicles. 9. Pala Road/Route 79S interim Imnrovements: On November 10, 1994 the bids were opened. Staff will recommend the award of contact to Pro-Civil Engineering, Inc. at the City Council meeting on November 29, 1994. The work to be performed includes, construction of asphalt pavement, traffic striping and signing, embankment construction, and traffic control to construct a right turn lane for traffic proceeding east on Route 79S to south on Pala Road. pwO4~moectrpt\cip%94\Nov 11/16/94 Monthly Activity Report November 17, 1994 Page 3 10. Winchester Road Interim RamD Improvements: The bid opening was held on November 17, 1994. Staff will recommend the award of contract to Chance Edmondson at the City Council meeting on November 29, 1994. This project will widen the south side of Winchester Road between Jefferson Avenue and the 1-15 south bound on-ramp, which will create an exclusive east bound right turn lane onto the south bound I-15. Also, the north side of Winchester Road will be widened to provide for a smother transition from the south bound I-15 off-ramp going west on Winchester Road. The existing traffic signal will be modified to provide for these widenings and the landscaping and irrigation will be installed adjacent to the proposed street improvements. I1. PROJECTS BEING BID: 1. Traffic Sic~nal at Margarita Rd, & Avenida Barca: The bid opening will be on December 1, 1994. This project is Federally funded and consists of the installation of a fully actuated traffic signal, signing and striping at the intersection of Margarita Rd. and Avenida Barca. III. WORK IN DESIGN 1. I-15/Winchester Road Interchange Modifications: The Project Report will be signed when the recently acquired Fish and Game permit is received by Caltrans. Plans and specifications have been sent to Caltrans for final review. The City has obtained the services of Riverside County to help in the acquisition of right-of-way. The project is proceeding on schedule for bid advertising early next year. 2. Walcott Corridor: Staff returned RBF & Associates first plan check on October 3, 1994. Staff is expecting RBF to return the second plan check on the week of November 14, 1994. The project will provide for two (2) travel lanes (total of 32' of pavement width) within 66' wide graded dedicated right-of-way. The alinement will follow the existing right- of-way and accommodate a 30-mph design speed. The total length of the project is approximately 8,500 feet. pwO4~moactrpt\cip%94~Nov 11/16/94 Monthly Activity Report November 17, 1994 Page 4 3. Soorts Park Parking and Skate Board Park: Second plan check comments are expected to be returned to the engineer by the end of November, 1994. The engineer should complete the revisions and resubmit for a third plan check by the beginning of January, 1995. The plans and specifications are expected to be ready for the solicitation of bids by the beginning of February, 1995. The improvements include grading, installation of irrigation, landscaping, roller hockey rink, skateboard park, sidewalk, rest room facility and parking lot. 4. Sam Hicks Monument Park Imorovement Project: Second plan check comments were returned to the architect November 9, 1994. The architect should complete the revisions and resubmit for a third plan check by the beginning of December, 1994. The plans and specifications are expected to be ready for the solicitation of bids by the end of January, 1995. The improvements include the construction of a 950 square foot concession stand and rest room facility, an asphalt parking lot, landscaping and irrigation improvements, and assorted park site amenities. The construction activities are to be coordinated with the construction of the museum and church renovation projects. 5. Moraga Rd. Street Widening: The Consultant submitted the second plan check back to the City on November 4, 1994. Staff expects to return the plan check to the consultant on the week of November 21, 1994. This project required a redesign of the box culvert outlet structure due to the significant changes in the existing site conditions which were created after the rains in the past year and a half. Staff is working on obtaining Fish & Game, Army Corp of Engineer, and the California Regional Water Quality Control Board approvals. 6. Rancho Vista Road and Mira Loma Drive Sidewalk Imorovements: All notices have been sent out to the utility companies to inform them of a Capital Improvement Project and the plans, specifications, and cost estimate will be completed by January 1995. This project is funded from Senate Bill 821 funds for Fiscal Year 1994-95. This project consists of the installation of approximately 14,600 square feet of sidewalk on the northerly side of Rancho Vista Rd. between Mira Loma Dr. and Santa Suzanne Dr., the easterly side of Mira Loma Drive between Rancho Vista Rd. and Santa Cecilia Dr., and the southerly side of Rancho Vista Rd. east of Avenida de la Reina. pwO4%rnoactfpt\cip\94\Nov 11116/94 Monthly Activity Report November 17, 1994 Page 5 7. Solana Way Storm Drain Improvements - RFP No. 26: An RFP has been prepared and sent out to qualified firms to provide professionaJ engineering services for the construction of a storm drain from Ynez Road to Acacia Park Resort Apartments. The deadline for filing the RFP's is November 28, 1994. The improvements to be constructed includes but limited to grading, main line storm drain, utility relocations, misc. structures, erosion control, and traffic control. 8. I-15/Rancho California Road Interchange Modifications: The Project Report was submitted to Caltrans in mid-September and is currently being reviewed. 9. I-15/Overland Drive Overcrossina Imorovements: The Project Report and Project Study Report have been reviewed and signed by Caltrans. The bridge plans will be submitted to Caltrans Division of Structures for review by the middle of December. Caltrans also has decided that conventional Type I retaining walls should be used for this project. pwO4\moectrpt\cip\94\Nov 11/16/94 LAND DEVELOPMENT Monthly Activity Report Special Projects October, 1994 Submitted by: Josel~h Kicak f/-~Prepared by: Raymond A. Casey Date: November 14, 1994 FEMA/OES REIMBURSEMENT: Staff is continuing to coordinate with the Federal Emergency Management Agency (FEMA) and the State Office of Emergency Services (OES) representatives in seeking reimbursement for costs incurred by the City due to the January 1993 floods and ensuing disaster declaration. OES has reimbursed the City a total of $418,758 to date. The Murrieta Creek Damage Survey Report was recently determined to be a valid claim bringing the total cumulative reimbursable amount to $1,080,996. PARKVIEW SITE (PROJECT NO, PW93-09}: The Preliminary Grading Plan has been submitted to the City and is currently being reviewed by Staff. Minor revisions to the site plan are being discussed which may result in construction cost savings and reduced visual impacts. .SSESSMENT DISTRICT 159 (AD 159): The AD 159 improvements, as listed, are at the following stages of construction: Temecula Creek is under construction and the improvements are nearly complete. The Butterfield Stage Road, Pauba Road and DePortola Road improvements are complete and the roads are nearly ready for City acceptance. ASSESSMENT DISTRICT 161 (AD 161): The construction of Nicolas Road, as part of AD 161, has been completed and the road is ready for City acceptance. Attached is the anticipated schedule of events for the months of November and December. CALLE PINA COLADA BYPASS (PROJECT N0,94-16): City Staff's comments on the study were transmitted to the design engineer who is in the process of incorporating them. OLD TOWN REDEVELOPMEN'I' PROJECT: Certain improvements are contemplated in conjunction with the Old Town Entertainment Project. For provision of the engineering services, the following Request for Proposals (RFP) have be distributed to consultants: RFP//27 "Phase I - Western Bypass Corridor" Consultants' proposals have been reviewed and the selection process is underway. A recommendation will be made to the Redevelopment Agency once the Old Town Redevelopment Advisory Committee approves the expenditure of funds (most likely at the December 13, 1994 meeting). RFP//28 "First Street Extension" Consultants' proposals have been reviewed and the selection process is underway. A recommendation will be made to the Redevelopment Agency once the Old Town Redevelopment Advisory Committee approves the expenditure of funds (most likely at the December 13, 1994 meeting). RFP//29 "Rancho California Road/Front Street Intersection Improvements" Consultants' proposals have been reviewed and the selection process is underway. A recommendation will be made to the Redevelopment Agency once the Old Town Redevelopment Advisory Committee approves the expenditure of funds (most likely at the December 13, 1994 meeting). RFP//30 "Old Town Parking Study" The firm of Robert Khan, John Kain & Associates, Inc., was selected to carry out the study. A rough draft is expected to be submitted to Staff for review in mid-December. r:lmomctzT~lld~v1941C)~lob~ November 3, 1994 ASSESSMENT DISTRICT 161 TENTATIVE SCHEDULE OF ACTIVITIES November, 1994 $1.9 Million in 3rd District Developer Agreement Funds Advanced for Mumeta Hot Springs Road West Board of Supervisors Receives CRSS/Spink Initial Report re: Assessment Engineering Review of Distdct Soft Costs Conducted by Webb Associates and CAO Financial Statements for September, 1994 to be Distributed by TLMA Begin Construction of Winchester Road, MHS Road to Hunter Road Contract Award for Mumeta Hot Springs Road West approved by Board of Supervisors Completion of 6.8 Million Gallon Reservoir, Mountainview Ranch December, 1994 Webb Associates and CAO complete Review of District Soft Costs Preparation of Engineer's Report for Re-spread of Assessment Liens Construction Underway on Winchester Road Begin Construction of Mumeta Hot Springs Road West (?) TO: FROM: DATE: SUBJECT: MEMORANDUM Joseph Kicak, Interim Director of Public Works/City Engineer Brad Buron, Maintenance Superintendent November 1, 1994 Monthly Activity Report - October 1994 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of October 1994: I. SIGNS A. Total signs replaced B. Total signs installed C. Total signs repaired II. TREES A. Total trees trimmed for sight distance and street sweeping concerns Ill. POTHOLES A. Total square feet of potholes repaired IV. CATCH BASINS A. Total catch basins cleaned V. RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement VI. GRAFFITI REMOVAL A. Total locations B. Total S.F. VII. STENCILING A. 482 new and repainted legends B. 9,061 L.F. of red curb new and repainted C. 675 S.F. of sandblasting/grinding 11 26 1 58 92 346 39,155 7 332 r:~roads%actrpt~94~10 skg MONTHLY ACTIVITY REPORT - October, 1994 Page No. 2 Also, City Maintenance staff responded to 33 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 14 service order requests for the month of September, 1994. The Maintenance Crew has also put in 43 hours of overtime which includes standby time, P.M. surveillance (weekends only), and response to street emergencies. ORANGE COUNTY STRIPING AND STENCILING COMPANY has completed the followina: · 18,484 L.F. of new and repainted striping · 1,543 L.F. of sand blasting The total cost for Orange County striping services was $4,245.91 compared to $0.00 for September, 1994. PESTMASTER SERVICES has comoleted the followinQ: · 0 sites, 0 S.F. of right-of-way weed control, total cost $0.00 compared to $0.00 for September, 1994. The total cost for Street Maintenance performed by Contractors for the month of October, 1994 was $13,528.62 compared to $26,271.00 for the month of September, 1994. Account No. 5402 Account No. 5401 $8,633.62 $4,895.00 CC: Don Spagnolo, Principal Engineer - Capital Projects Raymond A. Casey, Principal Engineer - Land Development Martin C. Lauber, Traffic Engineer r:\roeds~aetrpt~94~lO skg MONTHLY ACTIVITY REPORT - October, 1994 Page No. 3 STREET MAINTENANCE CONTRACTORS The following contractors have performed the following project for the month of December. NELSON PAVING AND SEALING Account No. 5401 Date: October 3, 1994 Ynez Channel Clear silt and debris and reinforced rip-rap areas with P.C.C. Total Cost $2,375.00 Account No. 5401 Date: October 6, 1994 Del Rey Road w/o Via Norte R & R A.C. area 1,100 S.F. Total A.C, 20Tons Total Cost $4,385.70 Account No. 5402 Date: October 20, 1994 2 person crew 8 hours filling potholes Citywide Total Cost $936.00 r:\roads\actrpt~94\10 skg MONTHLY ACTIVITY REPORT - October, 1994 Page No. 4 HOUSTON HARRIS Account No. 5401 Date: October 3, 1994 Video pipe inspection of storm drain due to debris in line Hydrowash line at 44115 Highlander Video pipe inspection of line on Highlander Hydrowash line at Rancho Vista 1.0 hr 2.0 hrs 2.0 hrs 2.0 hrs DEL RIO CONTRACTORS Account No. 5401 Date: October 7, 1994 Vallejo Channel Removed silt and debris and reinforced rip-rap areas with P.C.C. Total Cost $2,375.00 ARBOR PRO TREE SERVICE Account No. 5402 Date: October 17, 1994 20 Trees trimmed Citywide Total Cost $900.00 K.L.M. ENGINEERING (Emergency Street Repair) ACcount No. 5402 Date: October 27, 1994 Front Street Remove and replace failing curb and gutter Total Cost $2,411.92 $135/hr 135~r 135/hr 135~r TOTAL 9135.00 270.00 270.00 270.QQ $945.00 r:\roeds~eg:trpt~94~10 ekg DATE 10-05-94 10-05-94 10-05-94 10-06-94 10-10-94 10-10-94 10-10-94 10-10-94 _ 1 O- 17-94 10-18-94 10-18-94 10-18-94 10-18-94 10-25-94 10-26-94 10-26-94 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION TREE TRIMMING - OCTOBER, 1994 LOCATION I Solana Way WIO Stonewood Road Trimmed Solana Way E/O Motor Car Parkway Trimmed Margarita N/O Ave. Barca Trimmed Area # 2 Trimmed (See Daily for location) Via Norte @ La Cadaria Court Trimmed Ave. Buena Suerte @ Del Ray Trimmed 31100 Del Ray Trimmed Rancho Calif, Rd. @ Trimmed Long Valley Wash Diaz Road between Winchester Trimmed and Rancho California Road Calla Violeta & Mira Loma Drive Trimmed 29670 Valle Olvera Trimmed 40440 Carmelita Trimmed Front Street N/O Trimmed Rancho Calif. Road Sixth Street @ Felix Valdez Trimmed Meadows @ Rancho Vista Trimmed Margarita @ Southern Cross Trimmed WORK COMPLETED 1 Tree 5 Trees 3 Trees 4 Trees 3 Trees 2 Trees 7 Trees I Tree 14 Trees 4 Trees 3 Trees 2 Trees 2 Trees 2 Trees 1 Trees 4 Trees TOTAL TREES TRIMMED -1- pwO3'wmd~\wkcmp~d~q4\10.T~et 110294 I ~,~ 10-03-94 10-03-94 10-04-94 10-05-94 10-05-94 10-05-94 10-06-94 10-07-94 10-11-94 10-14-94 1 o-17-94 10-19-94 10-20-94 10-24-94 10-24-94 10-31-94 .I CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION WORK COMPLETED- OCTOBER, 1994 SIGNS · 't;OC;ATION ·: · "" ' 'WORK COMPLETED" El Torito Court Installed Margarita @ Solana Way Replaced Rainbow Canyon @ Rainbow BIvd. Installed Solana Way W/O Stonewood Replaced Solana Way @ Via La Vida Replaced Margarita N/O Rancho Calif. Rd. Replaced Winchester Road E/O Replaced Murrieta Hot Springs Road Diaz Road @ Winchester Road Installed Pala Road @ Edwardo Replaced Front Street @ Rancho Calif. Rd. Installed Amberly @ Enfield Repaired Vallejo & Palma Drive Installed Sports Park Installed Diaz Road S/O Rio Nieto Installed Front S/O Rancho Calif. Rd. Installed Margarita @ N. Gen. Kearney Replaced N.W.S. R-1 & S.N.S. "T~C." 2 Modified W-20 R-2 "45" & W-66 "Faded" R-1-3 "Stolen" SR 4-A, R-26, W-66, "Paint Gun" P.D. Directional "T.C." W-53 S.N.S. "T.C." 2 "C.I.P" Signs S.N.S. 4 R-26, 4 End/Begin W-31 2"N" 6 R-26 W-11 3 Carsonites & "K" Marker W-7 "T.C." TOTAL SIGNS REPLACED 1 t TOTAL SIGNS INSTALLED 26 TOTAL SIGNS REPAIRED __!_ m PWG3~R. OADS/WIG:~,tPLTD~94~I0..SIGNS 110194 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION WORK COMPLETED OCTOBER 1994 CA TCH BASINS DATE 10-03-94 10-03-94 10-04-94 10-05-94 ,~t)-05-94 10-11-94 10-12-94 10-12-94 10-13-94 10-13-94 10-17-94 I LOCATION Area #1 (See Daily for locations) Pina Colada ~) Del Rey Road 30135 Milano Area #1 Area #2, 3 & 4 Area #1 Area #1 Area #2 Area #2 Area's 1,2, 3 & 4 (Storm surveilance) Area #3 Cleaned & Secured Cleaned & Secured Cleaned & Secured Cleaned & Secured Cleaned & Secured Cleaned & Secured Cleaned & Secured Cleaned & Secured Cleaned & Secured Cleaned & Secured Cleaned & Secured WORK COMPLETED 6 Catch Basins I Catch Basins 2 Catch Basins 13 Catch Basins 7 Catch Basins 75 Catch Basins 65 Catch Basins 5 Catch Basins 73 Catch Basins 29 Catch Basins 70 Catch Basins TOTAL CATCH 346 BASINS CLEANED -1- pwO3%roede~wkcmpltd%94~10.CB 110194 I DATE 10-03-94 10-03-94 10-03-94 10-03-94 10-18-94 10-18-94 10-21-94 10-24--94 10-2594 10-25-94 10-26o94 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION WORK COMPLETED - OCTOBER, 1994 WEED ABATEMENT Calle Medusa S/O Abated 1,000 Everest Calle Medusa N/O Abated 1,000 Katherine Pina Colada Abated 1,000 @ Del Rey Via Lobo Channell Abated 5,750 29670 Valle Olvera Abated 80 40440 Carmelita Abated 125 Rancho Calif. Road Abated 13,000 E/O Margarita Pala Road S/O Hwy. 79 Abated 5,000 Pala Road S/O Cupeno Abated 9,000 Sixth Street @ Abated 500 Felix Valdez Rancho Calif. Road Abated 2,700 E/O Meadows S.F. of RoO.W. Weeds S.F. of R.O.W. Weeds S.F. of R.O.W. Weeds S.F. of R.O.W. Weeds S.F.of R.O.W. Weeds S.F. of R.O.W. Weeds S.F. of R.O.W. Weeds S.F. of R.O.W. Weeds S.F. of R.O.W. Weeds S.F. of R.O.W. W~ S.F. of Flowline Weeds 39.155 TOTAL SoF. R.O.W. WEED ABATEMENT -1- pwO3~osds\wbmpltd~94~lO.W~ds 110394 DATE 10-06-94 10-06-94 10-06-94 10-06-94 10-18-94 10-18-94 10-27-94 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL - OCTOBER, 1994 LOCATION I Rancho Vista Road Removed Pujol ~ Main Removed Pujol ~ First Street Removed Pale Channel N/O Lome Linda Removed Ynez Road N/O Winchester Road Removed Diaz Road S/O Winchester Road Removed Rycrest ~ Solana Way Removed WORK COMPLETED 164 S.F. of Graffiti 10 S.F. of Graffiti 10 S.F. of Graffiti 80 S.F. of Graffiti 16 S.F. of Greffiti 12 S.F. of Graffiti 40 S.F. of Graffiti TOTAL LOCATIONS TOTAL S.F. 7 332 -1- pwO3~ids~wk~mpl~d~94\lO.Graffifi 110194 10-03-94 10-03-94 10-03-94 10-03-94 10-04-94 10-04-94 10.-04-94 10-04-94 10-05-94 10-10-94 10-11-94 10-11-94 1 O- 11-94 10-12-94 10-12-94 10-t4-94 10-17-94 10-18-94 10-18-94 10-18-94 10-19-94 10-20-94 10-24-94 10-24-94 10-24-94 10-25-94 10-25-94 30135 Mdano Road 45630 Rainbow Canyon Road Sun West Materials 26040 Ynez Road Highway 79 South Lake Village tract 45521 Classic Way 31776 Corte Padrera 41875 "C" Street 42221 Main Street 39424 Canyon Rim Circle 1 O0 Calle Cortez 31366 Corte Montiel 31168 Calle Aragon 31226 Corte Talvera Ave, Centenario Front Street & Main Street Yorba & Vallejo Rancho California Road E/B 30511 Spica Court Lower Highway 79 South 45059 Corte Bravo Overland Drive @ Vail Ranch 31253 Nicolas Road 42031 Main Street Corte Talvera Winchester S/O Diaz Road CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION WORK COMPLETED - OCTOBER, 1994 SERVICE ORDER REQUEST LOG " "'" ' ..... REQUEST. Catch basin cleamng Litter Removal of sand and gravel Litter Litter Catch basin cleaning Tree trimming Graffiti Litter Dumping in Murrita Creek Power outage Pothole Trash concern Tree trimming Catch basin cleaning Standing water P.C.C. Driveway approach Potholes Litter Tree trimming Litter Pothole Glass in street Trash dumped Requests restroom cleaned Oil Spill Bad odor WORK ..."~. ,.. ,.. COMPLETED. 10.04.94 10-04-94 10-04-94 10-04-94 10-04-94 10-05-94 10-05-94 10-06-94 10-05-94 10-11-94 10-11-94 10-12-94 10-12-94 10-12-94 10-12-94 10-14-94 10-19-94 10-18-94 10-18-94 10-18-94 10-19-94 10-20-94 10-24-94 10-24-94 10-24-94 -- 10-25-94 ~ 10-25-94 FwO3~osds\wbmlsltd%94~lO.sv~] 110/94 SERVICE ORDER REQUEST LOG - OCTOBER, 1994 ~ ' Q-26-94 · d-26-94 10-26-94 10-27-94 10-27-94 10-27-94 Margarita Middle School Rancho California Road @ Margarita 30969 Pina Colada Tower Plaza I-15 Off ramp 31253 Nicolas Rd. Manhole cover missing Raised sidewalk Tree removal Flag at half mast Litter Trash 10-26-94 10-26-94 10-26-04 10-27-94 10-27-94 10-27-94 TOTAL S.O.R'$ 33 pwiD~ts\wbmplld~94%10.sm1 110'/94 DATE 10-06-g4 10-07-94 10-07-94 1 O-10-94 10-11-94 10-12-94 10-12-94 10-17-94 10-17-94 10-19-94 10-20-94 10-24-94 10-25-94 10-26-94 10-28-94 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION WORK COMPLETED - OCTOBER, 1994 STREET STENCILING LOCATION WORK COMPLETED Area #2 Repainted 13 Legends (See Daily for locations.) Area #1 Repainted 320 L.F. of Red Curb (See Daily for locations.) Area #1 Repainted & Grind 10 Legends (See Daily of locations). Area #1 Repainted 78 L.F. of Red Curb (See Daily for locations.) Area #1 Repainted 55 Legends (See Daily for locations.) Area #1 Repainted 3,385 L.F. of Red Curb (See Daily for locations.) Area #1 Repainted 147 Legends (See Daily for locations.) Diaz Road between Painted 5,356 L.F. of Red Curb Winchester Road and Rancho California Road Area #3 Repainted 12 Legends (See Daily for locations.) Diaz Road between Painted 33 Legends Winchester Road and Rancho California Road (See Daily for locations.) Pauba Road @ Butterfield Stage Painted 21 Legends (See Daily for details.). Bike Lane Legends Repainted 39 Legends (See Daily for locations.) Bike Lane Legends Repainted 23 Legends (See Daily for locations.) Area #1 Repainted 28 Legends (See Daily for locations.) Area #1 Repainted 8 Legends (See Daily for locations.) PW~ROAI~/V/KL~TD\94\I0.~rN 110~94 STENCILING - OCTOBER, 1994 ~ ~0-31-94 Area #1 (See Daily for locations) Grind & Repainted 15 Legends TOTAL NEW & REPAINTED LEGENDS TOTAL L.F. OF RED CURB NEW & REPAINTED TOTAL S.F. OF SANDBLASTING & GRINDING 482 9.061 675 ~o-~ °°°s s°s °s s~";[~l~ s ~ s s s s ~ "~oo8 °°08 °°8 °8 =~°e~;~ 8 8 8 8 g z ~.~ TRAFFIC DIVISION Monthly Activity Report For October, 1994 Submitted by: Joseph Kicak Prepared by: Marty Lauber Date: October 10, 1994 I. TRAFFIC REQUESTS II. TRAFFIC REQUESTS: · August: Sept. Oct. Received 4 1 10 Completed 5 1 6 Under Investigation 6 6 9 Scheduled for Traffic Commission 1 0 1 DIVISION PROJECTS: Completed a signing and striping plan for Rancho Vista Road from Ynez Road to Via Del Campc. This plan provides for protected left turn lanes on Rancho Vista Road, for both Loma Portola Drive and Mira Loma Drive. This also includes an acceleration lane for making a left turn from Loma Portola Dr. to Rancho Vista Road. Replaced defective traffic signal equipment on Ynez Road at Motor Car Pkwy. ACS also agreed to remove an existing speed bump on their exit to expedite departures. Participated as Staff representative at the final Public/Traffic Safety Commission Goals and Objectives Workshop on September 8, 1994. The Commission completed its refinements and recommended staff to submit the list of goals and objectives to City Council of consideration. The Public Traffic Safety Commission took action on this at their October 27th meeting. Held a meeting with the Home Owners Association (HOA) that currently have the old wooden street name signs. Because these signs do not meet current safety and illumination standards, staff has been investigating the development of an alternative. Input from effect HOA has aided staffs development of viable substitutions. Refined the traffic signal timing on Rancho California Road (RCR) at the Town Center entrance by assigning the pedestrians crossing RCR to a separate crossing phase which does not conflict with vehicles exiting the shopping center. The Public Traffic/Safety Commission thanked staff for an outstanding report on pedestrian safety on Rancho Vista Road adjacent to the Temecula Community Recreation Center and our Sports Park. They felt copies should be forwarded to the City Council for their information. r:%moactrpt\trar~c\94\octobcr,cab MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD OCTOBER 18, 1994 A regular meeting of the Temecula Community Services District was called to order at 8:30 PM at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. President Jeff Stone presiding. ROLL CALL PRESENT: ABSENT: 4 DIRECTORS: Birdsall, Mufioz, Roberrs, Stone I DIRECTORS: Parks Also present were Assistant City Manager Mary Jane McLarney, General Counsel Peter Thorson and City Clerk June S. Greek. PUBLIC COMMENTS None given. GENERAL MANAGERS REPORT None given. DIRECTORS REPORT None given. ADJOURNMENT It was moved by Director Roberrs, seconded by Director Mufioz to adjourn at 8:31 PM to a meeting on November 15, 1994, 8:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried with Director Parks absent. Jeff Stone, President ATTEST: June S. Greek, City Clerk\Board Secretary Minut~s. CSD\10lS~4 -1- 7/19/94 ITEM 2 FINANCE OFFIC R '7~// CITY MANAGE~R,,~ CITY OF TEMECULA AGENDA REPORT TO; Community Services Board of Directors FROM: Ronald E. Bradley, General Manager DATE: November 29, 1994 SUBJECT: Acceptance of the Long Valley Wash - Channel Repair Project No. PW94-06.CSD PREPARED BY: % ' Shawn D. Nelson - Director of Community Services RECOMMENDATION: That the Board accept the Long Valley Wash - Channel Repair, Project No. PW94-06.CSD,as complete and direct the City Clerk to: File the Notice of Completion, release the Performance Bond, and accept a one- year Maintenance Bond {10% of contract amount), Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed to that date. BACKGROUND: On August 9, 1994, the Community Services Board of Directors awarded a construction contract in the amount of thirty one thousand dollars ($31,000.00)to Trautwein Construction to repair portions of the Long Valley Wash Channel which were damaged during the floods of January, 1993. The contractor has substantially completed the work within the allotted contract time to the satisfaction of the Director of Community Services. The work was performed in accordance with the approved plans and specifications and completed within the original contract amount of ~31,000.00 without any change to the contract or additional costs. The construction retention for this project will be released on or about thirty-five (35) days after the Notice of Completion has been recorded. r:~agdrpt\94\1129~pw94-O6.acc/ejp FISCAL IMPACT: The original contract was awarded in the amount of $31,000.00o An additional amount of $3,100.00 was approved for the contingency. There were no change orders for this project, therefore the final adjusted contract amount for the project is $31,000.00. A total cost of $19,950.00has been pre-approved for reimbursement by FEMA, Damage Survey Report Nos. 96048 & 96049. The balance of the funding required to match the total project amount, has been transferred from TCSD Fund Balance and appropriated to the Capital Improvement Fund. ATTACHMENTS 1) 2) 3) Notice Of Completion Contractor's Affidavit Maintenance Bond r:%agdrpt\94\1129\pw94-06 ,acc/ajp REC01~DINQ REQU~S'rlm BY AND RETURN TO: CITY ClERK CITY OF 'I~MECULA 43174 keineee Perk Drke Tememale, CA 92590 SPACE ABOVE THll LINE FOR RECORDER'I 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: TRAUTWEIN CONSTRUCTION to perform the following work of improvement: LONG VALLEY WASH - CHANNEL REPAIR 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 29, 1994. That upon said contract the INDEMNITY COMPANY OF CALIFORNIA was surety for The bond given by said company as required by law. 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: LONG VALLEY WASH (From Meadows Pkwy. to Calle Tajol). 6. The Assessor Parcel No. of said property is: 954-200-029 Dated at Temecula, California, this 29th day of November, 1994. JUNE S. GREEK, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjun/, 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. Dated at Temecula, California, this day of ,1994. JUNE S. GREEK, City Clerk Fo~M/CIP-e0I l~ev./2~J)1 pw13%dp~projecte~pw92-29b~cemplem.net CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND RNAL REiLa~E PROJECT NO. PW94..O6CSD LONG VALLEY WASH - CHANNEL REPAIRS This iS tO certify that "~'~,~:~,L~.7'f.O~/AJ ~,,IE~. (hereinafter the f "CONTRACTOR") declares to the City of Temecula, under oath, that heat has been paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the Contractor with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW94-O6CSD LONG VALLEY WASH - CHANNEL REPAIRS situated in the City of Temecula, State of California, more particularly described as follows: INSERT TITLE OF WORK HERE The Contractor declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a stop notice against of any unpaid sums owing to the Contractor. Further, in connection with the final payment of the Contract, the Contractor hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contracts Code §7200, the Contractor does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the Contractor by reason of payment by the City of Temecula of any contact amount which the Contractor has not disputed above. Dated: CONTRACTOR Print Name and Title / RELEASE R-1 rficipl,orojeet$~ow94-O6~bidpkg Rev: 03-30-94 0 i994 MAINTENANCE BOND BOND NO: 157764P PREMIUM: $ INCLUDED IKCLUD~'D IN p~BFORMANCr B~ND KNOW ALL MEN BY THESE PRESENTS: TMAT we~ TRAUTWEIN CONSTRUCTION , as Principal and INDEI~NITY COMPANY OF CALIFORNIA, a c~rporation organized and doing business under m~d by virtue of the laws e/the State of California and duly licensed to ~ndu ct surety business in the State of Callfoxing, as SureW, are held and firmly bound unto CITY OF TEMECULA as Obliges, in the sum of THREE THOUSAND ONE HUNDRED AND NO/100 - - ($3,100. O0 ..... ) Dollars, for which pa~nent, ell and truly to be made, we bind ounelves, our heirs, executors and successors. jointly and severally firmly by these presenre THE CONDITION OF THE OBLIGATION IS SUCH THA~.. WHEREAS, the above nmed Principal entered into an aFeement or I~reemente with said Ohiigee to: PROJECT NO. PW94-O6CSD LONG VALLEY WASH-CHANNEL REPAIRS WHERE AS. said easement provided that Principal shall ~uarsntee replacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements; NOW, THEREFORE, if the above Principal s~mll indemnify the Obliges for all loss that Obliges may sustain by reason of any defective materlal~ or workmanship which become apparent dm'ing the period of one year from and after acceptance of the said improvements by Obliges, then tl~s obligation shall he void, otherwise to remain in full force and effect I~ W1TNE SS WHERE OF, the seal and signature of said Principal is hereto aff'n~ed an d the corporate seal a~d the name of the said Surety is hereto affmed and attested by its duly authorized Attorney-imFact this 7th day of NOVEMBER , 19 94 TRAUTWEIN CONSTRUCTION fryins, CA~92714 (714) 263-33~} CALIFORNIA STATE OF CALIFORNIA COUNTY OF RIVERSIDE On NOVEMBER 7, 1994 PERSONALLY APPEARED · before me, MICHAEL D. STONG SS. ROSEMARY STANDLEY personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged 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 Signature "i This area for Official Notarial Seal 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 TTTLEiSI [] PARTNER(S) [] LIMiTED [] GENERAL [] A'I'rORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER TH~,N NAMED ABOVE ,r~o~ P,~,. ~/~ ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725. IRVINE, CA 92713 · (714) 263-3300 N9 160958 "ICF: 1. Allpowerandauthontyhereingrant~shalllnenyevemterminateonthe31stdayofMarch, 1996. ***MICHAEL D. STONG*** STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE } On April 1, 1993, before me, Tiresa Teafua, personally appeared Dame F. Vlncenti, Jr. and Walter Crowell, Dersonafiy known to me (or provided to me on the basis of Satisfactory evi(tence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknoveteoged to me t~at he/she/they executed the Same in his/her/their authorized capacit'/(ms), and that by his/her/their signature(s) on fie instrumem the person(s), or the entity upon behalf of Which the person(s} acted, executed the insb-ument. WITNESS my hand and officml seal. I"""""""""'~_~'~.~"""'~ ,EMNITY COMPANY OF CALIFORNIA Q DEVELOPERS INSURANCE COMPAN~,~C~,~ Q BOND NUMBER 156764P DATE OF NOTICE BOND NUMBER TYPE OF BOND 11-14-94 156764P CONST CLAS B-AL OTER CHANNEL REPAIRS CA 92714 Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements, or warranties of the above mentioned bond, other than stated as below. PROJECT NO. PW94-06CSD O B L I G E E CITY OF TEMECULA ATTN PUBLIC WORKS DEPT 43180 BUSINESS PARK DR STE 200 TEMECULA CA 92590 Gentlemen: This Rider is to be attached to and form a part of the above captioned bond e'fectiXWTy This Rider is on behalf of TRAUTWEIN CONSTRUCTION ~~BJT and in favor of the Obligee stated above. consideration of the premium charged, it is understood and agreed, effective from above date, that: AMEND BOND NUMBER ON MAINTENANCE BOND (ONLY) FROM: 157764P TO: 156764P P R O D U C E R STONG MICHAEL DAVID STONG INSURANCE AGENCY 6833 INDIANA AVE #205 RIVERSIDE CA 92506 OBUGEECOPY Provided, however, that the liability r' 'he company under the attached bond as c ,d by this order shall not be cumulative. Signed this 14 day of NOVEMBER 1994 POWER ~OF AT'$ORNEY OF :INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725, IRVINE, CA 92713" (714) 263-3300 N '187130 ***Dirk T. DeGraw, E. Ureno, Michael J. Hensel, Elizabeth Lem, jointly or severally*** suretyship in an amount not excel:ling Two Mglio~ Five Hundred Thousand DOllars ($2,500,000) in any slllgla Undertaking; giving and grlnt~ng umo ~aio Attomey~sNn-r-lct lull STATE OF CALIFORNIA ) ) SS. COUNTY OFORANGE ) On April 1, 1993, before me. T iresa Taefua, personally appeared D~nte F. Vincenti, Jr, and Walter Croweli, personally known to me (or provided to me on the basis Of capaclt-/(ie~). and that by his/her/thstr signatures} on the instrument the person(s), or the entity upon behalf of which the person(s) anted, executed the instrum~qL ~"""""""""'~';.:;~"""'~ Boards of Directors of Said corporations Set forth in the Power of Attorney. ate in forc~ as of the (~afo of this Certifio~te. This CertifiCate Is !lx~cuted in the City o1 irvine, Cst~omi8, this 14~:~. day of NOV]~[~ER 199 ITEM 3 TO: FROM: DATE: SUBJECT: TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT General Manager/Board of Directors Genie Roberrs, Interim Finance Officer November 29, 1994 Combining Balance Sheet as of September 30, 1994 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Three Months Ended September 30, 1994 PREPARED BY: ~'~Tim McDermott, Interim Chief Accountant RECOMMENDATION: That the Board of Directors receive and file the Combining Balance Sheet as of September 30, 1994 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Three Months Ended September 30, 1994. DISCUSSION: The attached financial statements reflect the unaudited activity of the Community Services District for the three months ended September 30, 1994. Please see the attached financial statements for analytical review of financial activity. FISCAL IMPACT: None. ATTACHMENTS: Combining Balance Sheet as of September 30, 1994 Statement of Revenues, Expenditures and Changes in Fund Balance for the Three Months Ended September 30, 1994 'E z ~ ~ 6 DEPARTMENTAL REPORT APPROV CITY ATTORNEY~~~bl~ FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Ronald E. Bradley, General Manager DATE: November 29, 1994 SUBJECT: Departmental Report PREPARED BY: ~¢~ Shawn D. Nelson, Director of Community Services DISCUSSION: A design services contract for the Parkview Fire Station Project was approved by the Board of Directors on October 11, 1994. Staff has scheduled a one day workshop to discuss the programming components of the fire station, levels of fire protection and paramedic services, and recreational opportunities of the Parkview site. This workshop will be the first step towards developing a master plan for the site and will be held on Tuesday, November 22, 1994. Staff has released Requests for Qualifications to solicit the design services of a Landscape Architect for the Master Plan of the Margarita Road Park Site. Development of this 20 acre site will provide additional active/passive park land to the City's park system. Staff will begin the interview and negotiation process in the next 60 days. Staff anticipates that the Master Plan will be constructed in phases. A selection committee meeting has been scheduled for December 6, 1994. This item will be considered by the Board in January, 1995. The Community Services Commission and the Temecula Valley Unified School District has approved a Joint Use Agreement for Temecula Middle School. The City is proposing to installing lighting improvements on the existing fields at Temecula Middle School. The agreement is designed to address construction, field usage and maintenance issues. Lighting the fields at Temecula Middle School will provide additional soccer, baseball, track, and football playing fields which will be available for extended hours for youth sports programs. Staff has also released Requests for Qualifications for the design services of an Electrical Engineer. This is anticipated that this agreement and the design services contract will be considered by the Board at the December 13, 1994 meeting. Loma Linda Park Project - Phase II has completed construction and is currently in a 90 day maintenance period. It is anticipated that the park will be open to the public in March, 1995. The second phase will increase the parkland by approximately one acre and includes a tot lot, open play areas, picnic facilities, landscaping and irrigation. The contractor has begun construction on the Restroom/Snack Bar facility at Kent Hintergardt Memorial Park. It is estimated that the construction will take approximately 90 working days to complete (January, 1995). Plans for Sam Hicks Monument Park is currently in second plan check. Staff met with representatives from the museum and the design consultants to discuss construction phasing of the various elements. The museum is hoping to begin their renovation of St. Catherine's Church in January or February, 1995. Construction is estimated to take 90 days. The City will solicit bids for the park improvements and begin construction after the church renovations have been completed. The museum will also be moving forward with plan check approval and anticipates beginning construction for the new museum facility in March, 1995. Based on Board action of November 15, 1994, staff will bid the lighting of the Skateboard Facility as an add alternate bid for the Sports Park Improvement Project. The biological study for the Rancho California Sports Park Desiltation Lake Project is completed, and the report has recently been submitted to the City. The consultant and staff will analyze the information and take the appropriate mitigation requirements into consideration during the master planning process. The Youth Soccer and Pop Warnet Football seasons have gone smoothly so far this year. Staff will work diligently with these youth groups to address operational concerns end maintenance procedures. With day-light savings time changes, Pop Warher has now moved from Margarita Middle School to the Sports Park for practice. Eventually, this situation will be alleviated with the lighting project at Temecula Middle School. REDEVELOPMENT AGENCY ITEM i MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA REDEVELOPMENT AGENCY TUESDAY, OCTOBER 18, 1994 A regular meeting of the City of Temecula Redevelopment Agency was called to order on Tuesday, October 18, 1994, 8:31 P.M. at the Temecula Community Recreation Center, 30875 Rancho Vista Road, Temecula, California, Chairperson Ronald J. Parks presiding. PRESENT: 4 ABSENT: I AGENCY MEMBERS: AGENCY MEMBERS: Birdsall, Mu~oz, Roberrs, Stone Parks Also present were Assistant City Manager Mary Jane McLarney, City Attorney Peter Thorson, City Clerk June S. Greek. PUBLIC COMMENT None given. AGENCY BUSINESS 1. Authorization of Aoreement for Financial Advisory Services for the 01d Town Entertainment Center Project Interim Finance Officer Genie Roberts presented the staff report. Agency Member Mu~oz asked if a variety of funding mechanisms would be explored. Interim Finance Officer Roberts answered that under the scope of services it states a variety of funding sources will be explored. Agency Member Mu~oz asked how much of the consultants time would be used attending workshops and seminars. Ms. Roberrs answered approximately 1/2 of their time. Agency Member Birdsall stated she feels this is a very important component of the report. She stated she feels it is important to have consultants available at public meetings to answer questions from the public. RDAMINI1 O/18194 I 08~29~94 Redevelooment Aaencv Minutes October 18.1994 It was moved by Agency Member Roberts, seconded by Agency Member Birdsall to approve staff recommendation as follows: 1.1 Approve the terms of the Agreement for Financial Advisory Services with Fieldman, Rolapp & Associates and authorize the Chairman to execute the Agreement, subject to the approval of the Executive Director and the General Counsel as to the final form of the Agreement. The motion was approved by the following vote: AYES: 3 AGENCY MEMBERS: Birdsall, Mu~oz, Roberts NOES: 0 AGENCY MEMBERS: None ABSENT: I AGENCY MEMBERS: Parks ABSTAIN: 1 AGENCY MEMBERS: Stone EXECUTIVE DIRECTOR'S REPORT Assistant City Manager Mary Jane McLarney stated a workshop is being planned to address the Old Town Entertainment Center. She asked the City Council to check their calendars for November 10th and November 17th, and advise the City Clerk of their availability. EXECUTIVE DIRECTOR'S REPORT Agency Member Mu~oz stated he feels it is important to actually hold a Council/RDA Meeting so that the public can ask questions of the Agency Members as well as staff. Staff was directed by Agency consensus to schedule a public workshop to allow the Agency the opportunity to review and comment on the status of activities related to the Old Town Entertainment Center. RDAMINI10118194 2 O8/29194 RedeveloDment Aaencv Minutes October 18, 1994 ADJOURNMENT It was moved by Agency Member Roberrs, seconded by Agency Member Stone to adjourn at 8:58 P.M. to a meeting on November 15, 1994, 8:00 PM. The motion was unanimously carried with Chairperson Parks absent. Chairperson Ronald J. Parks ATTEST: City Clerk June S. Greek RDAMINI10118194 3 08/29194 ITEM 2 TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Redevelopment Agency Members FROM: Genie Robarts, Interim Finance Officer DATE: November 29, 1994 SUBJECT: Combining Balance Sheet as of September 30, 1994 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Three Months Ended September 30, 1994 PREPARED SY:~r~'/Tim McDermott, Interim Chief Accountant RECOMMENDATION: That the Agency Members receive and file the Combining Balance Sheet as of September 30, 1994 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Three Months Ended September ;30, 1994. DISCUSSION: The attached financial statements reflect the unaudited activity of the Redevelopment Agency for the three months ended September 30, 1994. Please see the attached financial statements for analytical review of financial activity. FISCAL IMPACT: None. ATTACHMENTS: Combining Balance Sheet as of September 30, 1994 Statement of Revenues, Expenditures and Changes in Fund Balance for the Three Months Ended September 30, 1994 ITEM 3 APPROVAL CITY ATTORNEY TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: SUBJECT: Executive Director/Redevelopment Agency Board Members Mary Jane McLarney, Assistant City Manager 1~ \ \ November 29, 1994 Lease Amendment for Jefferson Street Property RECOMMENDATION: That the Agency Members authorize the General Counsel to prepare a lease amendment with D.L. Reeves and authorize the Executive Director to execute the lease amendment. BACKGROUND: During 1993, the City entered into a twelve month lease with D. L. Reeves for the property located at 27500 Jefferson Street for $20,000 per month. This lease provided for continuing operations of the Honda Auto Dealership during the expansion of the Acura site on Ynez Road to accommodate the Honda operation. This lease expires on January 25, 1995 and the Reeves Group anticipates that the move will take place in January 1995. The Reeves Group has requested a lease amendment to allow them to use the property for off- site inventory storage at a reduced rent of $6,250 per month for twelve months. Based upon current market conditions, it appears that the Redevelopment Agency should hold the property and not attempt to list it at this time. Therefore, staff recommends that the Agency Members approve the preparation of a lease amendment. FISCAL IMPACT: The Redevelopment Agency would receive $75,000 in rental income during the lease term. ITEM 4 APPROVAL R~ CITYATTORNEY FINANCE OFFIC CITYMANAGE REDEVELOPMENTAGENCY BOARD MEMBERS AGENDA REPORT TO: FROM: DATE: SUBJECT: Redevelopment Agency Board Members ,~. Ronald E. Bradley, Executive Director ~ ~' November 29, 1994 Adoption of AB1290 Implementation Plan Prepared by: Marilyn Whisenand RECOMMENDATION: That the Redevelopment Agency conduct a public hearing and adopt a Resolution entitled: RESOLUTION 94- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING A FIVE YEAR IMPLEMENTATION PLAN FOR THE COUNTY OF RIVERSIDE REDEVELOPMENT PLAN NO. 1-1988 BACKGROUND: AB1290, effective 1/1/94 establishes a new requirement that the Redevelopment Agency adopt an Implementation Plan (Plan) prior to December 31, 1994 and each five years thereafter for each redevelopment project area. The Plan requires a description of specific programs including potential projects and estimated expenditures anticipated to be undertaken within the redevelopment project area within the five year period of the plan, and an explanation of how the potential projects and estimated expenditures will eliminate blight within the project area. The Plan must also contain, for each of the five years, an annual housing program including a description of the number of housing units destroyed and/or removed, and the number of units developed, substantially rehabilitated, price restricted and/or otherwise assisted. Further, the implementation plan must describe the Agency's plans for the use of annual deposits in the low and moderate income housing fund. Additionally, if the implementation plan contains a project or projects for which the Redevelopment Agency is providing financial assistance which will result in the destruction or removal of dwelling units housing persons and families of low or moderate income, the implementation plan must identify proposed locations suitable for replacement housing units. In accordance with Code Section 33490(c), the Agency must conduct a public hearing and hear testimony of all interested parties relative to the Redevelopmerit Plan and the implementation plan at least once within the five year term of the Plan. The hearing must take place no earlier than two years and no later than three years after adoption of the Plan. FISCAL IMPACT: The adoption of the AB1290 Implementation Plan does not bind the Redevelopment Agency to the expenditures described in the Plan and has no direct fiscal impact. ATTACHMENT: Resolution Implementation Plan RESOLI. rfiON NO. RDA 94.- A RESOLUTION OF THE RFJ~EVELOPME-~ AGENCY OF THE CITY OF TE1VIECULA ADOPTING A FIVE YEAR IIVIPLEI~ATION PLAN FOR THE COUNTY OF RIVERSIDE I~v. DEVELOPMENT PLAN NO. 1-1988 WHEREAS, on July 12, 1988, the County of Riverside, prior to the incoq~oration of the City of Temecula, duly adopted Ordinance No. 658 enacting a Redevelopment Plan, known as the "County of Riverside Redevelopment Plan No. 1-1988" (hereaft~ referred to as the "Temecula Plan"); WItEREAS, subsequent to the enactment of the Temecula Plan, the City of Temecula was incorporated on December 1, 1989; WHEREAS, pursuant to City Ordinance No. 91-11, which became effective May 9, 1991, and City Ordinance No. 91-15, which became effective April 9, 1991, the City approved the Temecula Plan. Said Ordinances had the effect of adopting the Temecula Plan and transferring jurisdiction over the Temecula Plan to the Redevelopmerit Agency of the City of Temecula, as of July 1, 1991. Pursuant to City Ordinance Nos. 93-03 and 93-04, City Ordinance No. 91-11 was codified at Section 8.04.010 of the Temecula Municipal Code; WHEREAS, the California Legislature by Assembly Bill 1290, Statutes 1993, chapter 942 CAB 1290") and Senate Bill No. 732, Statutes 1994, chapter 936, mended the Community Redevelopmerit Law, Health & Safety Code Section 33000 et seq. ("CRL"), to add Health & Safety Code Section 33490 which provides that every agency shall consider and adopt, following a public hearing, an implementation plan for each project area which shall contain the specific goals and objectives of the agency for the project area, including potential projects and estimated expenditures proposed to be made during the next five years and an explanation of how the goals and objectives, programs and expenditures will eliminate blight within the project area and implement the Agency' s low and moderate income housing obligations; WItEREAS, on November 29, 1994, the Redevelopmerit Agency of the City of Temecula conducted a duly noticed public hearing in accordance with the requirements of Health & Safety Code Section 33490 and considered the comments of the public with respect to the proposed "Implementation Plan for Temecula Redevelopmerit Project No. 1-1988" ("Implementation Plan"); and ,~os\010 --3A-- STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA I, June S. Greek, Secretary of the Redevelopment Agency of the City of Temecula, do hereby certify that the Resolution No. RDA 94- was duly and regularly adopted by the Redevelopmerit Agency of the City of Temecula at a regular meeting thereof, held on the November 29, 1994, by the following vote, to wit: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT: AGENCYMEMBERS: June S. Greek, Secretary des\010 IMPLEMENTATION PLAN FOR THE REDEVELOPMENT PROJECT NO. I - 1988 1989 REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA TABLE OF CONTENTS II, III. IV. V. VI. VII. Legislative Requirements ................................. Background .......................................... Identified Conditions of Blight ............................. Long Term Objectives of the Redevelopment Plan ................ Five Year Project Goals .................................. Proposed Implementation Activities ......................... Relationship Between Implementation Activities and Redevelopment Plan Findings of Blight ..................... VIII. IX. X. XI. XII. XIII. XIV. Appendix A. 1 2 3 3 5 6 7 Inclusionan/& Replacement Housing Requirements ............... 10 Replacement Housing Requirements ......................... 14 Replacement Housing Plan ............................... 14 Housing Set-Aside Requirements ........................... 17 Long Term Housing Goals and Policies ....................... 19 Five-Year Housing Goals ................................ 21 Financial Assistance Developer Participation ................... 23 ............................................. 24 IMPLEMENTATION PLAN FOR THE TEMECULA REDEVELOPMENT PROJECT PLAN LEGISLATIVE REQUIREMENTS Assembly Bill 1290, also known as the Community Redevelopment Law Reform Act of 1993, effective January 1, 1994, enacted numerous revisions to the California Community Redevelopment Law including a requirement for the adoption of an implementation plan. The California Community Redevelopment Law, Health and Safety Code Section 33490 now requires that each redevelopment agency adopt an implementation plan prior to December 31, 1994 and each five years thereafter for each redevelopment project area. The implementation plan must contain the specific goals and objectives of the Redevelopment Agency for each project area; the potential projects and estimated expenditures proposed to be made during the five year period of the plan; and, an explanation of how the goals and objectives, potential projects and estimated expenditures will eliminate blight within the project area, and implement the housing related requirements of Code Sections 33334.2, 33334.4, 33334.6, and 33413. The implementation plan must contain, for each year of the five year period, an annual housing program, including estimates of the number of housing units destroyed and/or removed, and the number of units developed, rehabilitated, price restricted and/or otherwise assisted. Further, the implementation plan must describe the Agency's plans for the use of the annual deposits in the low and moderate income housing fund during each of the next five years. Additionally, if the implementation plan contains a project or projects for which the Redevelopment Agency is providing financial assistance, and which will result in the destruction or removal of dwelling units housing persons and families of low or moderate income, the implementation plan must identify proposed locations suitable for replacement housing units. In accordance with Code Section 33490(c), the Agency must conduct a public hearing and hear testimony of all interested parties relative to the Redevelopment Plan and the implementation plan at least once within the five year term of the Implementation Plan. The hearing must take place no earlier than two years and no later than three years after adoption of the implementation plan. P:.~,EDEV/I~.OI~-~I']NO.I-I~S I Notice of public hearings conducted regarding the adoption of the implementation plan must be published pursuant to Code Section 6063 of the Government Code and posted in at least four permanent places within the project area for a period of three weeks. Publication and posting must be completed not less than 10 days prior to the date set for hearing. II. BACKGROUND The Redevelopment Plan for Redevelopment Project No. 1-1988 was adopted by the Riverside County Board of Supervisors by Ordinance No. 658 adopted on July 12, 1988. The City of Temecula was incorporated on December 1, 1989. Subsequently, on April 9, 1991, the City Council approved Ordinance No. 91-14 activating the Redevelopment Agency of the City of Temecula (Agency) and Ordinance No. 91-15 adopting the County of Riverside Redevelopment Plan No. 1-1988. Project Area Description The project area includes approximately 1,635 acres of land within four sub- areas described on the attached maps (Attachments A-1 through A-4). Sub- Areas Nos. 1, 2, and 3 are all located west of Interstate 15. Sub-Area No. 4 straddles Interstate 15 along Winchester and Ynez Roads. Sub-Area Descriptions/Current Land Uses Subarea I is located south of the Old Town area along Front Street. The primary land uses in this sub-area are highway and locally-serving commercial with some office and industrial uses interspersed. The area west of Front Street is mostly vacant or is the channel of Murrieta Creek. Subarea 2 contains the historic core of Old Town Temecula. It is generally located between First and Sixth Streets and contains the only residential units within the Redevelopmerit Area. The primary land uses in the sub-area are commercial, office, and residential. The channel of Murrieta Creek also crosses this sub-area. Subarea 3 is located north of the Old Town core. It is generally situated between Sixth Street and Winchester Road. The primary land uses are commercial and industrial. Most ofthe commercial properties are located along Front Street and Jefferson Road. The area west of Murrieta Creek is primarily industrial. There is limited vacant land in this sub-area. The channel of Murrieta Creek also crosses this sub-area. Subarea 4 includes property north of Winchester Road and east of Interstate 15. The primary land uses in this sub-area are commercial and industrial. Most of this sub-area is currently vacant. The channel of Murrieta Creek forms the westerly boundary of this area. Most of the new building activity is occurring in this Sub-area. III. IDENTIFIED CONDITIONS OF BLIGHT The report to the Riverside County Board of Supervisors (Report) prepared in connection with the adoption of Redevelopment Plan No. 1-1988 identifies the blighting conditions within the Project Area that the Redevelopmerit Plan is intended to remedy. The blighting conditions that were identified in the Report are as follows: The age, obsolescence, deterioration, mixed character or shifting of uses. The subdividing and sale of lots of irregular form and shape, and inadequate size for proper usefulness and development. The existence of inadequate public improvements, public facilities, open spaces, and utilities which cannot be remedied by private or governmental action without redevelopmerit. A prevalence of depreciated values, impaired investments, and social and economic maladjustment. · The defective design in character or physical condition. IV. LONG TERM OBJECTIVES OF THE REDEVELOPMENT PLAN The Project Area includes a number of conditions which are specified in the California Community Redevelopment Law as characteristics of blight. The objective of the Redevelopment Plan is to eliminate such conditions of blight by providing needed public improvements, by encouraging rehabilitation and repair of deteriorated structures, by facilitating land assembly and development which will result in employment opportunities and an expanded tax base; and by promoting development in accordance with applicable land use controls. The Redevelopment Plan contains the following general objectives: (1) Provide a broad range of public service infrastructure improvements to induce private investment in the Project Area. Such improvements could include the construction or reconstruction of roads, streets, curbs and gutters, sidewalks, the installation of street lights, the construction and reconstruction of water storage and distribution facilities, the Construction and reconstruction of sewage collection systems, development of drainage and flood Control facilities, and the construction and reconstruction of overpasses and bridges. (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) Where appropriate to enhance the public health, safety and welfare, provide new or improved community facilities such as fire stations, park and recreational facilities and other public facilities. Promote the preservation and enhancement of Old Town Temecula following goals established for the Historic Overlay Area. Promote the improvement and centralization of industrial areas to make the provision of public services more efficient and to relieve development pressure on agricultural lands. Promote the expansion of the County's industrial and commercial bases and local employment opportunities to provide jobs to unemployed and underemployed workers in the County. Assist economically depressed areas and reverse stagnant assessed valuation trends. Protect the health and general welfare of low and moderate-income residents within the Project Area by utilizing 20% of tax increment revenue to increase and improve the supply of low and moderate income housing both inside and outside the Project Area. Upgrade the physical appearance of the Project Area. Encourage investment in the Project Area by the private sector. Remove economic impediments to land assembly and in-fill development in areas which are not properly subdivided for development. Consolidate parcels as needed to induce new or expanded, centralized commercial development in the Project Area. Buffer residential neighborhoods from the intrusion of incompatible land uses and noise. Encourage the cooperation and participation of Project Area property owners, public agencies and community organizations in the elimination of blighting conditions and the promotion of new or improved development in the Project Area. P:~,EDEVFPROj'RCr/NO.I,I~S 4 V. SHORT TERM (FIVE YEAR) GOALS FOR THE PROJECT AREA The priority short term goals for the Project Area are intended to guide the City's redevelopment program from 1995 to 2000. It is anticipated that the majority of the projects and activities undertaken by the Redevelopment Agency (except those resulting from emergency situations) will meet these goals. Provide a broad range of public infrastructure improvements to induce private investment in the Project Area. This Goal will be achieved through the design and construction of needed public improvements (Long Term Objective 1 ). Enhance the public safety and welfare by providing improved community services. This goal will be achieved through the design and construction of needed public facilities and utilities. (Long Term Objective 2). Promote the preservation and enhancement of Old Town Temecula, This goal will be achieved through the regulation of land uses, the establishment of development standards and the rehabilitation and improvement of obsolete, deteriorated, or inappropriate buildings. (Long Term Objective 3). Promote expansion of the industrial and commercial economic and job bases. This goal will be achieved through the retention and expansion of existing businesses and the encouragement of new businesses in and around the Project Area. (Long Term Objective 5). Preserve, improve and expand housing opportunities for low and moderate income residents. This goal will be achieved through the rehabilitation, repair, and replacement of currently marginal or substandard residential units, by providing subsidies or other support to qualified low- and moderate-income households, and encouraging the development of new affordable housing resources (Long Term Objective 7). Remove economic impediments to land assembly and in-fill development in areas which are not properly subdivided for development through the consolidation of existing parcels to induce or expand centralized commercial development. (Long Term Objective 10 and 11). VI. IMPLEMENTATION ACTIVITIES TO ACHIEVE SHORT-TERM GOALS To achieve these short-term redevelopment goals, the City of Temecula proposes to undertake the following blight elimination and community improvement programs. e Design and construct needed public improvements. Typical examples include, but are not limited to: the Winchester Road Interchange, the Sixth Street Parking Area, the First Street Road Extension and Bridge, the realignment of Felix Valdez Street, the Sixth Street Bridge, the Main Street Bridge, the Old Town Water and Sewer Lines, the Western Bypass Corridor, and drainage and storm water improvements. Provide improved community services. Typical examples include, but are not limited to: the Northwest Sports Park, the Demonstration Block, the improvements to Sam Hicks Monument Park, the Boys and Girls Club. Preservation and enhancement of Old Town Temecula. Typical examples include, but are not limited to projects which implement the Old Town Specific Plan, the General Plan and Development Code, the Demonstration Block, the Non-conforming Sign Removal Program, the Old Town Facade Improvement Program, Old Town Gateway Arch and Landscaping, Main Street Program, and the Shopping Center Improvement Program. Also proposed is the Old Town Entertainment Project, a project which would include a 4,800 seat "Wild West" Arena, a 2,200 seat Opera House, Cabaret Theaters of 900 and 600 seats, six Virtual Reality Theaters, a Production Studio, a "Town Square" with outdoor entertainment. Expand the industrial and commercial economic and job bases. Typical examples include, but are not limited to: the Main Street Program, the Business Assistance and Recruitment Group, the Old Town Billboard Lease, economic development and relocation programs, and public-private joint ventures, such as the proposed Old Town Entertainment Project. Improve housing opportunities for low and moderate income residents. Typical examples include, but are not limited to: the replacement or repair of marginal or substandard dwelling units, providing financial subsidies to qualified low and moderate income households, and programs that reduce land, site development and/or construction costs for low and moderate income housing. VII. e Assemble land in areas which are not properly laid out for development. Typical examples include, but are not limited to: the acquisition, assembly, marketing, and resale of property to support area redevelopment activities. RELATIONSHIP BETWEEN IMPLEMENTATION ACTIVITIES AND THE FINDINGS OF BLIGHT The preliminary list of redevelopmerit program activities scheduled for the next five years are shown in Table I. The purpose of this list is to identify which blighting condition(s) a particular project is expected to address and is not intended as a complete or final list of needed improvements within the Redevelopment Project Area. Most of the information and cost estimates are based upon the 1994-1999 Capital Improvement Program and have been rounded to the nearest thousand dollars. The costs depicted below are estimates and are subject to change as additional information becomes available or as local circumstances and needs change. ~ O0 0 0 0 0 0 0 0 0 0 0 0 0 ~I:1.,. 0 0 0 0 0 0 0 0 0 0 0 0~00~ 0 _0 t~ ,~ ~ o F- ~.e ~ x x I- .5 'm~ _~ X X X 13 0 "' F- a 0 Z "' 0 z ~ .~ x×xx xxxxx x < _ .~.~ x .m r~ .o_ ~ X o ~m 0 o & o~ m F- ~ o n z u o r-- o ~.~ J ~j .~. ~ VIII. INCLUSIONARY AND REPLACEMENT HOUSING REQUIREMENTS Leoislative Reouirements Effective January 1, 1992, AB315 required that an affordable housing plan be prepared by each redevelopment agency that has adopted, or amended to add land area, a redevelopment plan after December 31, 1995. The Community Redevelopment Law Reform Act of 1993 (AB1290) encompassed the former AB315 requirements within the requirement to adopt an annual housing program as a part ofthe mandated implementation plan. The implementation plan must include the number of housing units developed, substantially rehabilitated, price-restricted, otherwise assisted, or destroyed. The implementation plan must also describe the Agency's plans for using annual deposits in the low and moderate income housing fund. If the implementation plan contains a project that will result in the destruction or removal of dwelling units that will have to be replaced pursuant to Code Section 33413, the implementation plans shall identify proposed locations suitable for those replacement dwelling units. Code Section 33413 of the Community Redevelopment Law states: (a) Whenever dwelling units housing persons and families of low or moderate income are destroyed or removed from the low and moderate income housing market as part of a redevelopment project which is subject to a written agreement with the Agency or where financial assistance has been provided by the Agency, the Agency shall, within four years of the destruction or removal, substantially rehabilitate, develop, or construct, or cause to be substantially rehabilitated, developed, or constructed, for rental or sale to persons and families of low or moderate income, an equal number of bedrooms as those destroyed or removed units at affordable housing cost within the territorial jurisdiction of the Agency. When dwelling units are destroyed or removed after September 1, 1989, 75 percent of the replacement dwelling units shall replace dwelling units available at affordable housing cost in the same income level of very low income households, lower income households, and persons and families of low and moderate income, as the persons displaced from those destroyed or removed units. (b) (1) At least 30 percent of all new and substantially rehabilitated dwelling units developed by an agency shall be available at affordable housing cost to persons and families of low or moderate income. Not less than 50 percent of the dwelling units required to be available at affordable housing cost to persons and families of low or moderate income shall be available at affordable housing cost to, and occupied by, very low income households. (2) At least 15 percent of all new and substantially rehabilitated dwelling units developed within a project area under the jurisdiction of an agency by public or private entities or persons other than the Agency shall be available at affordable housing cost to persons and families of low or moderate income. Not less than 40 percent of the dwelling units required to be available at affordable housing cost to persons and families of low or moderate income shall be available at affordable housing cost to very low income households. Additional Inclusionarv Housinq Reauirements On September 28, 1994, the passage of SB732 incorporated additional requirements that call for the agency's inclusionan/housing requirements to be met every ten years. If the requirements are not met within the applicable ten year period, the agency must fulfill its inclusionary housing requirements on an annual basis. Further, if the agency exceeds their inclusionary housing goals during a given ten year period, the excess housing units can be counted towards inclusionan/housing goals in the subsequent ten year period. For example, if 100 new housing units are developed or substantially rehabilitated in a project area within ten years of the initial implementation plan by entities other than the redevelopment agency, 15 of those units must be affordable to low and moderate income households (of which 6 must be affordable to very low income households). If more than 15 units are developed or substantially rehabilitated as units affordable to low and moderate income households during this ten year period, the affordable units in excess of 15 may be counted toward the agency's requirements for the next ten year period. However, if fewer than 15 units are affordable to low and moderate income households at the end of the ten-year period, the agency must meet its production goals on an annual basis until the requirements for the ten-year period are met. Affordability Reauirements Housing costs for low and moderate income housing developed pursuant to Sections 33413 must be affordable to persons and households whose income do not exceed 120 percent of the area family income. For purposes of the Implementation Plan, the following income limits are used: · Very Low Income (0-50 percent of area median family income) · Low Income (51-80 percent of area median family income) · Moderate Income (81-120 percent of the area median family income) The area median family income limits are adjusted for household size, with smaller households having lower income limits. The 1994 HUD median family income adjusted for a four-person household in Riverside County is $42,300. Thus by definition, 1994 maximum income is $21,150 for a very low income four-person household, $33,840 for a low income four-person family and $51,840 for a four-person moderate income family for jurisdictions in Riverside County. TABLE 2 DEPARTMENT OF HOUSING & COMMUNITY OEVELOPMENT - INCOME LIMITS Ven.' Lxw.' 14800 16900 19050 21150 22850 24550 26250 27900 Income Lower 23700 27050 30450 33850 36550 39250 41950 44650 Income Median 29600 33850 38050 42300 45700 49050 52450 55850 Income Moderat~ 35550 40600 45700 50750 54800 58850 62950 67000 Income P:~P, EDEV/I~ROIECT/NO.I-II~S 12 TABLE 3 AFFORDABLE HOUSING COSTS Income LeveiS'~ Owner COsts Very Low (0°50%) 30% of 50% of adj. AMIm Low 30% of 70% of sdj. AMI.. (51-70%) Rantar Costs 30% of 50% of adj. AMI. 30% of 60% of adj. AMI. (70-80%) Option: Max: 30% of gross hh inc.., (61-80%) Moderate (81-120%) Min: 28% of gross hh inc.., Max: 35% of 110% of adj. AMI Option: Max: 30% of gross hh inC.m 30% of 110% of adj. AMI. (111-120%} Option: Option: Max: 35% of gross hh inc.,~ Max: 30% of gross hh inc.m Household income (hh inc.) levels relative to area median income. Area Median income (AMI) adjusted for family size appropriate for the unit. Duration of AffordabilitY Section 33413(c) says, in part, that "The agency shall require that the aggregate number of ..dwelling units rehabilitated, developed, constructed or price-restricted pursuant to subdivision (a) or (b) remain available at affordable housing cost to persons and families of low income, moderate income, and very low income households, respectively, for the longest feasible time, as determined by the agency, but for not less than the period of the land use controls established in the redevelopment plan, except... [if] a longer period of time may be required by other provisions of law..The agency may permit sales of owner-occupied units prior to the expiration of the period of the land use controls established by the agency for a price in excess of that otherwise permitted under this subdivision pursuant to an adopted program which protects the agency's investment of moneys from the Low and Moderate Income Housing Fund. If land on which those dwelling units are located is deleted from the project area, the agency shall continue to require that those units remain affordable as specified in this subdivision." Section 33413(g) adds that "'Longest feasible time,' as used in this section, includes, but is not limited to, unlimited duration." Subdivisions 33413(c) and (g) ere somewhat less flexible than the general affordability criteria for agency-assisted units set forth in Section 33334,3(f). The latter requires that all new or substantially rehabilitated housing units developed or otherwise assisted with monies from the low and moderate income housing fund on or after January 1, 1988, shall remain affordable for the longest feasible time but not less than fifteen years for rental units and ten years for owner-occupied units. This potentially lesser standard only applies to agency-assisted units which are not counted as contributing to the agency's obligations under Section 33413(a) or (b). Section 33413(b)(2)(C) adds that "long-term affordability covenants purchased or otherwise acquired pursuant to subparagraph (B) shall be required to be maintained on dwelling units at affordable housing costs for not less than 30 years." IX. REPLACEMENT HOUSING REQUIREMENTS The Redevelopment Agency is required to replace low and moderate income housing units destroyed or removed as a part of a project development with another Low or Moderate Income Unit within four years. The Agency may replace destroyed or removed dwellings with fewer units if the replacement units have a greater or equal number of bedrooms and are affordable to the same income level households. Seventy-five percent of the replacement units shall be available at affordable housing cost to the same income level as persons displaced. X. THE REPLACEMENT HOUSING PLAN Consistent with the Community Redevelopment Law and Redevelopment Plan, this Replacement Housing Plan sets forth the City of Temecula Redevelopment Agency's plan for the development and construction of replacement dwellings within four (4) years following the date of destruction of affordable dwelling units removed or destroyed in connection with certain Capitol Improvement Projects within the redevelopment area. The Temecula Capitol Improvement Program (CIP) currently contains three road and bridge improvements that may result in the loss of 15 residential units. The following table describes the projects, the number of units estimated to be displaced and the number of bedrooms in each unit. ~.~vn, noxncr;so.~-lsss 14 TABLE 4 CIP PROJECTS Project Description 1 st Street Bridge Number of Units Bedroom Size 12 2 Felix Valdez/Pujol Streets Realignment 3 3 Replacement dwelling units will be located within the boundaries of the project area. Alternative sites for affordable housing within the project area, suitable for projects which will provide replacement dwelling units, will be selected within four years following the removal of the units, The Redevelopment Agency plans to meet its replacement housing requirements pursuant to Section 33413(a) on both an opportunity and funds available basis, through one or more Federal, State, County or City sponsored housing programs including without limitation the following programs: 2. 3. 4. 5. 6. 7. Community Development Block Grant Program Home Program Section 202 Program Redevelopment Tax Increment Funds Redevelopment Section 108 Funds Redevelopment Tax Credits Density Bonus Ordinance This portion of the Temecula Redevelopment Area Implementation Plan shall constitute the Replacement Housing Plan as required by Section 33413.5 Existing Housina Production in Project Area Since the adoption of the Redevelopment Ran, there have been no Agency assisted housing units developed or substantially rehabilitated within the project area. Nor has there been any privately developed or substantially rehabilitated housing units constructed within the project area. Based upon this information, the Temecula Redevelopment Agency has no current inclusionary housing requirements. Site Inventory The Temecula Redevelopment Area encompasses approximately 1,757 acres of land, of which 42 acres are currently occupied by residential uses. A total of 399 existing residential units can be found within the project area. Another 6.75 acres are currently vacant, but have a residential land use designation. A total of 87 new housing units may be added to the Project Area through the development of currently vacant land. Recycling of currently occupied land would result in a net gain of 132 units. The Temecula Redevelopmerit Agency currently has no plans for the direct development of housing units. Given a private' residential build out of 219 new units in the project area, future inclusionary housing requirements are estimated at 34 units for lower and moderate income households, of which 14 units must be affordable to very low income households. TABLE 5 TEMECULA REDEVELOPMENT PROJECT AREA RESIDENTIAL SITE INVENTORY Site Inventory Existing Units Development of Vacant Land Low Medium (3-6 DU/AC) Medium (7-12 DU/AC) High (13-20 DUIAC) Subtotal Recycling of Underutilized Land Total Ten Year Housino Projections Acreage Potential Buildout {Dwelling Units) 42.00 399 1.50 7 1.00 10 4.25 70 6.75 87 -- 132 48.75 618 The Temecuta Redevelopment Plan was adopted in July 1988 and will expire in July, 2028. This Implementation Plan extends for the ten year period between 1994 and 2004, and establishes how the Agency intends to fulfill inclusionary requirements for housing produced during this time frame. Based on the estimated buildout of 219 new units over the next 33 years, a constant pace of residential development would yield an annual housing production of 7 units in the project area. Thus the ten year housing projection for the Project Area would be 70 units. This rate of development would require a total of 11 affordable units to be constructed within the Project Area during the next ten years. Seven (7) of these units would be for low and moderate income households and 4 units for very low income households. These ten year P:XP,~DRV,~!tQmCTS~'OJ.~9~8 1~ projections are very general and based on economic conditions. They have been included in the Implementation Plan as a means of gauging future residential growth to enable the Agency to develop an appropriate strategy to fulfill inclusionan/requirements. However, the Agency's only commitment at the end of the ten year period is to have provided for the inclusion of Iow/mod units based on actual development. XI. HOUSING SET-ASIDE REQUIREMENTS The Temecula Redevelopment Agency is required to set-aside twenty percent (20%) of the gross annual tax increment into the low and moderate income housing fund. The purpose of the housing set-aside fund is to produce, increase, improve and preserve the community's supply of low and moderate income housing. In carrying out the annual housing set-aside requirements, the Agency may exercise any or all of its powers, including the following: Acquire real property or building sites subject to the provisions of Code Section 33334.16, California Community Redevelopment Law. Improve real property or building sites with onsite or offsite improvements, but only if the improvements directly and specifically improve or increase the community's supply of low or moderate income housing. · Donate real property to private or public persons or entities. · Finance insurance premiums. · Construct buildings or structures. · Acquire buildings or structures. · Substantially rehabilitate buildings or structures. Provide subsidies to, or for the benefit of, very low-income households, as defined by Code Section 50105, lower income households, as defined by Code Section 50079.5 or persons and families or low or moderate income, as defined by Code Section 50093, to the extent those households cannot obtain housing at affordable costs on the open market, (Housing units available on the open market are those units developed without direct government subsidies.) Develop plans, pay principal and interest on bonds, loans, advance, or other indebtedness, or pay financing or carrying charges. · Maintain the community's supply of mobile homes. Preserve the availability to lower income households of affordable housing units in housing developments which are assisted or subsidized by public entities and which are threatened with imminent conversion to market rates. The twenty percent housing set-aside fund monies can also be used for planning and general administrative costs, when directly related to programs and activities associated with Code Section 33334.2(e). This includes the following activities: Costs incurred for salaries, wages, and related costs of the Agency's staff or for services provided through inter-agency agreements, and agreements with contractors, including usual indirect related costs, Costs incurred by a non-profit corporation which are not directly attributable to a specific project. Legal, architectural, and engineering costs and other salaries, wages, and costs directly related to the planning and execution of a specific project which are authorized under subdivision (3) of Code Section 33334.2 and whichare incurred by a non-profit housing sponsor and are not planning and administrative costs for the purpose of this section, but are, instead, project costs. Housing Set-Aside Fund Estimate In order for the Agency to estimate the number of units it could develop in the next five years, a projection of twenty percent (20%) of the tax increment revenue was developed for the period FY 1994-95 through FY 1999-2000. These monies would be allocated towards the preservation, development and/or substantially rehabilitation of very low, low and moderate income housing units. It is expected that these funds will be leveraged in concert with one of the housing programs cited in Section XIII. P:UtEDEV/PROi'ECT/NO.I,I~S 18 TABLE 6 PROJECTED HOUSING SET-ASIDE Years Estimated Twenty Percent Tax Increment 1994-95 1,168,662 1995-96 1,192,035 199~97 1,215,876 1997-98 1,240,193 1998-99 1,264,997 1999-2000 1,290,297 Total: 7,372,060 XII. LONG TERM HOUSING GOALS AND POLICIES The General Plan Housing Element has five separate and distinct goals developed to address the various housing needs of the City. These are explicitly stated in order to give latitude and authority to design and address the implementation of the housing program. They are as follows: Goal I A DIVERSITY OF HOUSING OPPORTUNITIES THAT SATISFY THE PHYSICAL, SOCIAL AND ECONOMIC NEEDS OF EXISTING AND FUTURE RESIDENTS OF TEMECULA. Policy 1.1 Provide an inventory of land at varying densities sufficient to accommodate the existing and projected housing needs in the City. Policy 1.2 Encourage residential development that provides a range of housing types options in terms of cost, density and type, and provides the opportunity for local residents to live and work in the same community by balancing jobs and housing types. Policy 1.3 Require a mixture of diverse housing types and densities in new developments around the village centers to enhance their people- orientation and diversity. Policy 1.4 Support the use of innovative site planning and architectural design in residential development. Policy 1.5 Encourage the use of clustered development to preserve and enhance important environmental resources, and maintain important areas in open space. P:uum~v~n4o.x-t.s 19 Policy 1.6 Goal 2 Policy 2.1 Policy 2.2 Policy 2.3 Policy 2.4 Goal 3 Policy 3.1 Policy 3.2 Policy 3.3 Goal 4 Policy 4.1 Promote the development of compatible mixed use pro'~.cts that promotes and enhances the village concept, facilitates the efficient use of public facilities, and supports alternative transit options. AFFORDABLE HOUSING FOR ALL ECONOMIC SEGMENTS OF TEMECULA. Promote a variety of housing opportunities that accommodate the needs of all income levels of the population, and provides opportunities to meet the City's fair share of low- and moderate- income housing. Support innovative public, private and non-profit efforts in the development of affordable housing, particularly for special needs groups. Encourage the use of non-traditional housing models, including single-room occupancy structures (SRO) end manufactured housing, to meet the needs of special groups for affordable housing, temporary shelter and/or transitional housing. Pursue all available forms of private, local, state and federal assistance to support development and implementation of the City's housing programs. REMOVAL OF GOVERNMENTAL CONSTRAINTS IN THE MAINTENANCE, IMPROVEMENT AND DEVELOPMENT OF HOUSING, WHERE APPROPRIATE AND LEGALLY POSSIBLE. Provide reasonable processing time and fees for new construction or substantially rehabilitation of housing. Consider mitigating development fees for projects providing affordable and senior citizen housing. Periodically review City development standards to ensure consistency with the General Plan and to facilitate high-quality affordable housing. CONSERVATION OF THE EXISTING AFFORDABLE HOUSING STOCK. Monitor and regulate, if necessary, the number of affordable units eligible for conversion to market-rate units and develop programs to minimize the loss of these units. Policy 4.2 Develop rehabilitation programs that are directed at preserving the integrity of the housing stock. Policy 4.3 Support the efforts of private and public entities in maintaining the affordability of units through implementation of energy conservation and weatherization programs. Goal 5 EQUAL HOUSING OPPORTUNITY FOR ALL RESIDENTS IN TEMECULA. Policy 5.1 Encourage and support the enforcement of laws and regulations prohibiting the discrimination in lending practices in the sale or rental of housing. Policy 5.2 Assure and support the efforts of others to ensure that unrestricted access to housing is available to all segments of the community. Policy 5.3 Encourage housing design standards that promote the accessibility of housing for the elderly and disabled. Policy 5.4 Encourage and consider supporting local private non-profit groups that address the housing needs of the homeless and other disadvantaged groups. XIII. FIVE-YEAR HOUSING GOALS During the five year period of the implementation plan, the Redevelopment Agency of the City of Temecula will facilitate the preservation, new construction and/or substantial rehabilitation of affordable housing projects which will support the following goals: Satisfy the replacement housing requirements of community redevelopmerit law as they relate to any housing units displaced by Redevelopment Agency activities. Satisfy the inclusionary housing requirements of community redevelopment law as they relate to the provision of affordable housing and as a percentage of new or substantially rehabilitated housing constructed within the redevelopment project area. · Meet the City of Temecula's fair share regional affordable housing goals. Support overall community development, economic development, and redevelopment/revitalization efforts within the City of Temecula. P:u,,~Bvn~-rso.~4sss 2 1 It is anticipated that the Redevelopment Agency will couple housing set aside funds with other public and private funding sources as described below. The Redevelopment Agency will seek to generate the construction, substantial rehabilitation, and/or purchase of affordability covenants through public and/or nonprofit sponsors. The City of Temecula has no Article 34 authority and it is not anticipated that the Redevelopment Agency or the City will directly own and manage affordable housing projects. Project Selection Criteria Projects seeking financial assistance from the Redevelopment Agency's Low'and Moderate Income Housing Fund will be evaluated on a case by case basis based on the following criteria: Ability of the project to generate other public/private funding in support of housing set aside funds. Degree to which the proposed project meets multiple community goals in addition to affordable housing goals. These goals include but are not limited to the following: a. Replacement housing requirements. b. Inclusionary housing requirements. c. Fair share regional housing requirements. d. Achieve community goals for redevelopment, neighborhood revitalization and economic development. The cost benefit of the proposed affordable housing program as defined by the ratio of affordable housing assistance requested to number of affordable housing units provided. The financial track record, management and development experience of the proposing sponsor. Annual Targets The number of affordable housing units to be developed over the five year implementation plan period will depend in large part on market conditions, availability of funding to supplement housing set aside funds and the degree to which proposals are submitted which satisfy the stated goals and objectives. Subject to these limiting factors, the following are the production goals for the five year implementation plan: TABLE 7 ANNUAL HOUSING GOALS Year Units 1995 7 1996 7 1997 7 1998 7 1999 7 2000 7 TOTAL: 35 Limiting Factors A number of conditions may limit the ability of the Redevelopment Agency to meet Implementation Plan goals. Among them are the existing land uses and socioeconomic characteristics of the project area, limited funds available from the Agency's Low and Moderate Income Housing Funds and other funding sources, and changing market calculations. Reoional HousinQ Needs Plan The Housing Element of the General Plan identified the future housing needs for the period from July, 1988 to July, 1994. Since that time the State has suspended funding of the mandate for The Southern California Association of Governments to update its Regional Housing Needs Plan. Therefore no additional needs determinations have been calculated. The annual housing projections contained in the above Ten Year Projections and Five Year Goals will assist the fulfillment of the City's future housing needs. XIV. FINANCIAL ASSISTANCE/DEVELOPER PARTICIPATION The Agency's philosophy with regard to providing financial assistance in the development of affordable housing has been to leverage low and moderate income funds with other sources of funds. There are numerous federal, state, county or city programs in which an agency or developer may participate. In addition, the Agency may establish local programs to assist in the establishment and preservation of low and moderate income housing. Apendix A, contains a brief description of these various programs. ~u~vn~mcra~o.~-~ns 23 APPENDIX A LIST OF FUNDING PROGRAMS HOME ProOram The HOME Program is a federally funded grant program for housing. Funds are allocated by formula to participating jurisdictions who are allowed great flexibility with respect to the types of properties to be assisted, the types of development (new construction, modest or major rehab, etc.) to be undertaken, the forms and amounts of financing to be offered, the Quality and type of housing provided, the households assisted and procedures for running programs. The intent of HOME is: · To expand the supply of decent, safe sanitary and affordable housing. · To strengthen the abilities of state and local governments to provide housing. To assure that federal housing services, financing, and other investments are provided to state and local governments in a coordinated, supportive fashion. HOME is designed as a partnership among the federal government, sate and local governments and those in the for-profit and non-profit sectors who build, own manage, finance and support low income housing initiatives. CDBG In FY 1993/94, $206,771 in CDBG allocation and program income was available to Temecula. Currently, the City uses CDBG funds primarily for program planning and supportive services. Should the need arise to use these funds for affordable housing production in the future, a portion of the City's annual CDBG allotment could potentially be redirected. Low Income Housing Tax Credit (LIHTC) As part of the Tax Reform Act of 1986, Congress created the Low Income Housing Tax Credit (LIHTC), which provides a tax shelter for limited partners in low income housing projects. Although recently expired, this program will represent an important financial resource for affordable housing development by the private sector. Private Institutions Under the Community Reinvestment Act (CRA), private lending institutions such as banks, thrifts, and their affiliated mortgage banking subsidiaries are required to annually assess the credit needs of the communities in which they operate. The City has and will continue to hold meetings with lenders to discuss local needs and potential programs that may be within the guidelines of community reinvestment. P:',REDEV/PROIIL'~r/N0.1-1988 24 Savings Association Mortgage Company (SAMCO) SAMCO is a statewide organization supported by stockholder savings institutions that assists in the development and financing of socially-oriented affordable housing projects. SAMCO's Board of Directors reviews and selects projects to be offered in loan pools for participation purchase by its members. The pooling process has enabled SAMCO and its members to invest additional funds in low and moderate income communities. SAMCO has worked extensively with non-profit developers and financed a variety of housing projects that utilize joint public/private resources. California Community Reinvestment Corporation {CCRC) CCRC is a non-profit mortgage banking consortium specifically designed to provide long-term debt financing for affordable housing developments. Created in 1989, the CCRC is comprised of fifty-six banks representing all areas of the State. The CCRC finances loans by pooling funds from each of its member banks. CCRC has its own staff, which screens applications and provides technical assistance to developers. A loan committee, consisting of senior credit officers from member banks, approves all loans on behalf of member banks. When the loan committee approves a loan, CCRC draws funds from each bank in proportion to their size. CCRC enters into "partnership" with cities to leverage public monies (redevelopment low and moderate income housing funds, CDBG, etc,) with CCRC private funds construct low and moderate income housing, Five different 30 year fixed rate Ioz products are offered, with affordability required to be maintained for the life of loan. Below market interest rates are provided to both non*profit and for-profit sponsors (Treasury bonds of comparable maturities plus 100 basis points for non- profits, plus 200 basis points for profits.) Federal Home Loan Bank The affordable housing programs mandated by the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) of 1989 and the Community Reinvestment Act are now being implemented through the 12 Federal Home Loan Banks. By law, the affordable housing provisions call for, among other things, a requirement for interest-subsidized loans to be extended to low income homebuyers, as well as a variety of lending activities that fall under the "community investment" heading. The FHLB of San Francisco (Eleventh District - California, Arizona and Nevada) initiated its Affordable housing Program in early 1990. In the first 18 months of operation, the program provided $8.9 million in subsidies to 1,342 affordable housing units. Subsidies ranged from $5,100 - $18,000 per single-family mortgage, to $1,200- $17,500 per multi-family rental over the life of the loan. Though the Affordable housing Program, the FHLB provides interest rate subsides advances to member banks that engage intending for long-term low to modes income owner-occupied or affordable rental housing. Loans that qualify for the program include those used to finance homeownership by low income families, and loans which finance the purchase, construction or rehabilitation of rental housing, of which at least 20 percent will be occupied by very low income households. In addition to the Affordable Housing Programs, the FHLB also implements a Community Investment Program. Through this program, each district bank appoints a community investment officer and provides "community-oriented" mortgage loans to members at its own cost of funds. Loans that qualift/for the program include those used to finance the purchase or rehabilitation of homes by borrowers earning 115% or less of the are median income, and those that finance commercial or economic development projects that benefit low and moderate income families. Deed-Restrict Existing Projects The City has numerous multi-family projects in the Project Area that are currently occupied by lower income tenants. The City/Agency may negotiate deed restrictions with owners of these existing projects to restrict rental rates to levels affordable to lower income households. Low and moderate income housing funds for rehabilitation of the buildings may be offered as an incentive in exchange for deed restrictions. Assistance to the existing. rental stock should be publicly advertised to solicit applications from existing owners. Extend Existing Deed Restrictions The City has two multi-family projects in the Project Area that assist lower income tenants. Each project has 48 assisted units. Creekside, a senior apartment complex receives assistance from the FMHA, New Construction Section 15, and is not eligible to convert until August 27, 2037. However, Temecula Villas, which receives Section 8, New Construction assistance is eligible to convert on January 29, 1995. The Agency will work with the owners of the Temecula Villas to provide incentives to extend this deed restriction 33 years, to the life of the Redevelopment Plan. Conversion of Commercial Develooment to Mixed-Use Development The City of Temecula's General Plan and Old Town Specific Plan both contains policies that encourage the use of Mixed-Use development. Within the project Area and particularly within Old Town these policies could facilitate the conversion of second and third story office/retail space to affordable units. Low and moderate income housing funds for rehabilitation of the space may be offered as an incentive for conversion to affordable units, As part of the funding assistance the City/Agency should consider placing deed restrictions on these converted units to ensure unit affordability. 1,:u~Dsvr~orsc-rtso.l.~ss 26 Subsidized New Construction/Purchase of Existing Housing New construction of rental housing for lower income households traditionary represents one of the Agency's primary options to fulfill its inclusionan/housing production requirements. The gap between market rents and rents affordable to very low and low income households, typically require subsidies to achieve affordability. The amount of subsidy required depends on the type and size of housing to be developed. Given the current availability of housing products at costs below replacement costs, purchase of existing housing presents a more cost effective option. Substantial Rehabilitation Rehabilitation of existing rental properties is a cost-effective program option to fulfill the Agency's affordable housing production requirements. The Agency may use redevelopmerit low and moderate income housing funds to provide financial assistance for the rehabilitation of private non-profit and for-profit rental properties. The City/Agency will study the cost effectiveness of establishing its own rehabilitation program. As an option the City/Agency may wish to contract with the Riverside County Economic Development Agency to carry out a rehabilitation program. Currently, this Agency operates a home improvement loan program, a senior home repair program and is about to re-establish rental rehabilitation program. These programs are available to people residing within Temecula. Mobilehome Park Assistance Proorem Currently, a single mobile home park exists in the City. The City may develop a program using redevelopment low and moderate income housing funds to assist lower and moderate income mobilehome park tenants in stabilizing their rents. This may result in the conversion of a perk to Tenant-owned. A City program should be in conjunction with the State Mobilehome Park Conversion Assistance Program. Affordability controls on mobilehome parks can be achieved through different approaches: The City may assist tenant purchase of individual spaces. Permanent financing of lots may be provided through conventional financing, the State's Mobilehome Resident Ownership Program, redevelopment low and moderate income housing funds, and other public/private subsidies for lower income households, The City may provide technical assistance in the formation of a tenant association, which will then purchase the park with financial assistance from the City, State, or other sources. In return, the association will be required to either maintain the existing income mix of tenants or through time, restrict the renting of spaces to lower income tenants. 2'7 In order to count mobilehome parks towards fulfillment of very low income inclusionary production requirements, space rents would need to be deed-restricted for the life of the Redevelopment Project, and restricted to occupancy by very low income households. First-Time Homebuyers Program The First-Time Homebuyers Program (FTHB) is a down payment assistance program for low and very low income homebuyers. Qualified buyers are eligible to receive up to $20,000 is assistance for the purchase of a primary residence. HUD requires that buyers participating in the program agree to an affordability period of 20 year for new construction and 15 years for all other property. If the property is sold prior to the end of the affordability period, and the purchaser is not eligible for the program, the assistance funds must be repaid, and the County shares in the equity with the seller. The funds are returned to the program to provide assistance to new participants. The program can also be structured as an interest rate buy-down program. Mortgage Credit Certificate Prooram The Mortgage Credit Certificate Program (MCC) is available for first-time homebuyers who have not had an ownership interest in a principal residence within the previous three years. Buyers interested in participating in the program make application through their lender at the time they apply for a home loan. The MCC provides a tax credit which allows the borrower to qualify for a larger mortgage. This tax credit is calculated a 20% of the annual interest paid on the primary mortgage, and can be no greater than $2,000 per year. Sinelie Family MortpaQe Revenue Bond Program The County coordinates interested lenders and developers who wish to participate in a single family tax exempt bond program. The County issues tax exempt bonds to generate a pool of funds from which mortgages will be drawn. The developers and/or lenders pay the up front costs for the financing and reserve a portion of the pool to originate mortgages in their projects. The individuals purchasing the homes must be first time homebuyers and fall within certain income parameters. Ultimately, the first time homebuyer can qualify for a larger mortgage because the interest rate is lower than market rate. The developer/lender can use the mortgage pool to more effectively market their homes. Multi-Family Bond Program The Multi-Family Bond Program provides long term financing for multi-family projects at tax exempt rates. The program requires that 20% of the units be reserved for low and moderate income residents. Project owners are required to provide a letter of credit, insurance or other credit, insurance or other credit enhancement for the financing. P:L~/.DEV/PROIIL"~T~0.1-1~S 28 ATTACHMENT A-1 MAP OF SUB-AREA I p:L,~EDSVrPRO~CrS0.X-I~SS 29 RANCHO TEMECULA Subarea 1: Zoning Map R- 1: Single Family Residential R-2: Multiple Family Residential R-3: General Residential R-R: Rural Residential C-1: Generll Commercial C-P: Restricted Commercial C-P-S: Scenic Highway Comm __ M-M: Manufacturing Medium M-SC: Manufacturing Service Comm I-P: Restricted Industrial A-2-20: Heavy Agriculture " ' 20 Acre Man, Lot Area __ W-l: Watercourse, Watershed ' and Conservation Areas ,.,/ C-P-S A'I'I'ACHMENT A-2 MAP OF SUB-AREA 2 P:~,.EDEV/PRO/ECTIN0.1-19~$ 30 RANCHO TEMECULA Subarea 2: Zoning R-l: Single Family Residential R-2: MultiDie Family Residential R-3: General Residential R-R: Rural Residential C-1: General Commercial C-P: Restricted Commercial C-P-S: Scenic Highway Comm M-M: Manufacturing Medium M-SC: Manufacturing Service Comm I-P: Restricted Industrial A-2-20: Heavy Agriculture 20 Acre Man. Lot Area W-l: Watercourse, WaterShed ' and Conservation Areas ATTACHMENT A-3 MAP OF SUB AREA 3 p: ~DSV/PRQIF, CT/N0.1 - 1988 ~ 1 RANCHO TEMECULA Subarea3: Zoning Map [~R-1; Single Flmlly Rellcienliil R-2; MultiDie Family Reliclenfi81 R-3: Generll Relldentlal 'R-R; Rural Resldenliil ~']C-1: General Commercial C-P: Restricted Commercial C-P-S; SCenic Highway Coma ~M-l~h Manufacturing Iviedlure I-P: RestriCted Inclustrlal A-2-20: Heavy Agriculture Acre Min. Lot Area ~'~ ~,aliforniq' R= / ATTACHMENT A-4 MAP OF SUB-AREA 4 ~:u~ssvr~orscrrNo.x-x.s 32 TEMECULA Subarea 4: Zoning Map R-l: Single Family Residential R-2: Multiple Family Residential R-3: General Residential R-R: Rural Residential C-1: General Commercial C-P: Restricted Commercial C-P-S: Scenic Highway Comm M-M: Manufacturing Medium M-SC: Manufacturing Service Comm I-P: Restricted Industrial A-2-20: Heavy Agriculture . .. 20 Acre Man. Lot Area __ W-l: Watercourse, Watershed and Conservation Areas \',,/ /~ \\,