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HomeMy WebLinkAbout020293 CC AgendaAGENDA TEMECULA CITY COUNCIL AN ADJOURNED REGULAR MEETING TEMECULA CITY HALL o 43174 BUSINESS PARK DRIVE February 2, 1993 - 6:00 PM At approximately 9:45 PM, the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 PM and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 PM Next in Order: Ordinance: No. 93-02 Resolution: No. 93-11 CALL TO ORDER: Mayor J. Sal Mu~oz presiding Invocation: Bishop Tom Smith, The Church of Jesus Christ of Latter Day Saints Flag Salute: Councilmember Stone ROLL CALL: Birdsall, Parks, Roberrs, Stone, Mu~oz PRESENTATIONS/ PROCLAMATIONS PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Council about an item nql; listed on the Agenda or on the consent Calendar, a pink "Request To Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name and address. For all other agenda items a "Request To Speak" form must be filed with the City Clerk befQrq the Council gets to that item. There is a five (5) minute time limit for individual speakers. Agendl/020283 1 02/01/~3 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. COUNCIL BUSINESS 2 3 4 Administrative Suooort - City Council RECOMMENDATION: 1.1 Council discussion and direction to Staff. City Attornev's Work Schedule/Costs RECOMMENDATION: 2.1 Council discussion and direction to Staff. Discussion of City Council Goals and Objectives DISCUSSION: 3.1 Council discussion and direction to Staff. Amendment of Section 10(a) Permit Implementation Aqreement and Short-Term Habitat Conservation Plan Joint Powers Aqreement for the SteDhen's KanQaroo Rat RECOMMENDATION: 4.1 Approve the attached amendment to the Section 10(a) Permit Implementation Agreement and Short-Term Habitat Conservation Plan for the Stephen's Kangaroo Rat; 4.2 Authorize the Mayor to sign the amended Agreement. AgendN020293 2 02/01 Anti-Graffiti Removal RECOMMENDATION: 5.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 93- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING DIVISION 4 TO CHAPTER 6.14 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO GRAFFITI REMOVAL AND ESTABLISHING REWARDS FOR INFORMATION LEADING TO THE SUCCESSFUL CONVICTION OFANY PERSON PLACING GRAFFITI ON ANY PUBLIC OR PRIVATE PROPERTY 6 7 City Road Projects Status Report RECOMMENDATION: 6.1 Receive and file and provide staff direction. Non-Profit OrQanization Exemotion of Fees for Outdoor Events RECOMMENDATION: 7.1 Direct staff to exempt Non-Profit Organizations from the payment of fees for Minor Outdoor Events. Amendment to Employment Aqreement with the Citv Manaaer RECOMMENDATION: 8.1 Authorize the Mayor to execute the attached letter amending the City Manager's Agreement to allow the City vehicle to be used for vacations at a reimbursement rate of $10.00 per vacation day. 9 Official Name of the Parks and Recreation Commission RECOMMENDATION: 9.1 Consider and if desired, change the official name of the Parks and Recreation Commission to the Community Services Commission. Agende/020293 3 02/01/93 10 Purchase of Law Books RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING IN AN AMOUNT NOT TO EXCEED EIGHT-THOUSAND DOLLARS ($8,000.00) THE PURCHASE OF LAW BOOKS AND BOOKSHELVES TO BE GRANTED TO THE TEMECULA BRANCH OF THE RIVERSIDE COUNTY LIBRARY SYSTEM CITY MANAGER REPORT CITY ATTORNEY REPORT CITY COUNCIL REPORTS ADJOURNMENT Next regular meeting: February 9, 1993, 7:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California Agenda/020293 4 02/01/93 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: .Resolution: No. 93- CALL TO ORDER: ROLL CALL: Chairperson Ronald J. Parks presiding AGENCY MEMBERS: Birdsall, Mufioz, Parks Roberrs, Stone,' PUBLIC COMMENT: Anyone wishing to address the Agency, should present a completed pink "Request to Speak" to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. AGENCY BUSINESS Land Acouisition Strategies RECOMMENDATION: 1.1 Council discussion and direction to staff. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT: Next regular meeting February 9, 1993, 8:00 PM, Temecula Community Center, 28816, Temecula, California Agende/0202i3 6 02/O1/93 ITEM NO. 1 ITEM NO. 2 ITEM NO. 3 ITEM NO. 4 TO: FROM: DATE: SUBJECT: APPROVA CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Director of Planning February 2, 1992 The Amendment of the Section l O(a) Permit and Short-Term Habitat Conservation Plan Joint Powers Agreement for the Stephens Kangaroo Rat PREPARED BY: David W. Hogan, AsSociate Planner RECOMMENDATION: Approve the attached amendments to the Section 10(a) Permit Implementation Agreement and the Short-Term Habitat Conservation Plan for the Stephens Kangaroo Rat and Authorize the Mayor to sign the amended Agreement. BACKGROUND: In 1990, the City of Temecula became a member of the Riverside County Habitat Conservation Agency (RCHCA) Joint Powers Authority. The RCHCA is the organization responsible for implementing the Section l O(a) Permit and the Short-Term Habitat Conservation Plan (HCP) for the Stephens Kangaroo Rat (SKR). The HCP is administered through an Agency Agreement with the California Department of Fish and Game (DF&G) and a Section 10(a) Permit from the U. S. Fish and Wildlife Service. The City Council approved an equivalent amendment to the Stephens Kangaroo Rat Agreement with the California DF&G on October 27, 1992. DISCUSSION: The proposed amendments to the 10(a) Permit and HCP would do the following: 1. Extend the life of the lO(a) Permit from October 28, 1992 to December 31, 1993; 2. Allow the RCHCA to get partial credit for unoccupied habitat in Study Areas; and, 3. Enable SKR Take Permits to remain valid after the expiration date of the Short-Term HCP when the SKR mitigation fee has been paid. ~ SKRUPAMEND2.AR FISCAL IMPACT: None. ATTACHMENT: 1. Amendments to the Section 10(a) Permit Implementation Program and the Short-Term Habitat Conservation Plan for the Stephens Kangaroo Rat SKR~JPAMEND2 .AR SeCT1011 3.0(8) PBIULI:T (PRT-739671)~ zMPE,BMBMTA'E'ZON A~T_u'u"-~'*'T ]dID BwOBT-'L'BRM HADTEAT C,'C)NIIRVA'E'XO]I ~Z, AII IPOR THI STBPHBNIe KANGAROO RAT THIS J~ENDMENT TO SECTION 10 (a) PERMIT (PRT-739678), IMPLEMENTATION AGREEMENT AND SHORT-TERM HABITAT CONSERVATION PLAN FOR THE STEPHENS' KANGAROO RAT ('Amendmentw) is entered into by and among the UNITED STATES FISH AND WILDLIFE SENVICE (the wService-), the COUNTY OF RIVERSIDE (the wCotmtyw), the CITIES OF HEMET# LAKE ELSINORE, MORENO VALLEY, PERRIS, RIVERSIDE, TEMECULA, and CORONA (the "Cities") and the RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY (the "RCHCA") (collectively the "Parties"), RwCTT)'I'.e A. .The Service, the County, the Cities, and the RCHCA have entered into that certain.ImplementationAgreement dated August 1, 1990, and amended by First and Second Amendments to Implementation Agreement (collectively the "ImplementatioR Agreements). B. The Implementation Agreement implements the terms of the Short-Term Habitat Conservation Plan For The Stephens' Kangaroo Rat (the "HCP"). C. On August 1, 1990, the Service issued a Section 10(a) Permit (PRT-739678) (the "Permit") authorizing the incidental take of Stephens' Kangaroo Rat ("SKR") within the member jurisdictions of the RCHCA. The authorization granted by the Permit is conditioneft on full and complete compliance with the HCP and the Implementation Agreement. The expiration date of the Permit is October 28, 1992. D, The parties desire by this Amendment to expand the tea of the Permit and to amend the Implementation Agreement, HCP and Permit as hereinafter set forth, NOW, T~F~IFOU, in consideration of the foregoing Recitals and the mutual covenants and undertakings provided herein, the parties agree as follows: 1. Section VIII.H. of the Implementation Agreement entitled stare of SJ~-tton 10fs) Perilss is hereby amended in its entirety to read as follows: sThe tern of the Section 10(a) Pernit shall commence as of October 29, 1990, and shall expire, unless extended by the FWS in writing, on December 31, 1993. Take authorized prior to the expiration date of this Agreement may occur at anytime within fifteen (15) years after such date provideS that (i) all mitigation fees required by the HCP and this Agreement, as amended, with respect to the property on which the take is to occur, have been paid, (ii) the permittee and/or the ~PA has, prior to such take, acquired sufficient occupied habitat or other . lands acceptable. to the FWS and CDFG as mitigation for such take, and (iii) all other terms and conditions of the Section 10(a) Permit, the HCP, and this Agreement have been met by the landowner and permittee authorized to take. e 2. The expiration date of the Permit shall be revised to read "December 31, 1993.s 3. All references in the HCP to the two year duration of the Permit shall be revised to read "permit periods or "Decembsr 31, 1993s, as appropriate. 4. The second sentence of the first paragraph of Section V.A.I.b. on page 69 of the HCP, entitleS s~mo-nt of Tske~, and the second sentence under st~m{tst.~ons on the ~monnt of Tskes on page xii of the HCP are each hereby amended to read in their entirety as D!OZS,l, OO:OSf/2/~ -2 - follows: sin addition, at the end of each six month period follovin~issuance of the SectionlO(a) Permit, the total amount of occupied habitat taken to date must be within 10%, in area, of the total amount of suitable replacement habitat acquired to that date. Suitable replacement habitat is defined as lands which are occupied by SKRas wall as lands that are not occupied'by SKIt but which would benefit SKR if included in a reserve operated and maintained to preserve SKR and its habitat, including, but not limited to, potential SKit habitat, wildlife corridors, areas connecting patches of occupied SKIt habitat and areas bu~faring SKR occupied habitat from adjacent land uses. Credit for acquisition of unoccupied, suitable habitat will be determined in advance of acquisition by the USFWS with the concurrence of CDFG on a case-by-case basis.' 5, Subparagraph f. of Section V,A.6. on page 76 of the HCP is hereby amended in its entirety'to read as follows: eReplacement of occupied habitat lost to development at a 1:1 ratio with suitable replacement habitat.' 6. The section entitled "M4ttastion of Allowed T~ke' commencing on page xii of the HCP is hereby amended in its entirety to read as follows: 'Take that is allowed to occur during the permit period will be mitigated through acquisition of suitable replacement habitat. Each acre of occupied habitat lost will be mitigated through the acquisition of one acre of suitable replacement habitat. The balance between area of take and area of acquisition of suitable replacement habitat will be assessed at the end of each six month period following the issuance of the Section 10(a) Permit.w 7. Subsection (b) of Section IV.A.(7) of the Implementation Agreement is hereby revised in its entirety to read as follows: 06122/92 "The maximum amount of incidental take allowed under the Section 10(a) Permit during the Permit term shall be4400 acres or twenty percent (20%) oft he total amount of occupied SKR habitat within the HCP area, whichever is less. In addition, and except as specified in subsection (c) below, the amount of occupied habitat in which incidental taking is allowed during any six month period following issuance of the Section 10(a) Permit -3- (herain·fear · ssemi-annual periods) shall not exceed by more than ten percent (lOt), in ·re·, the amount of replacement habitat acquired to that date, Within fifteen (15) days after the expiration of each Seat- annual period, the ~P& shall prepare and submit to the FWS a comprehensive report summarizing (t) the total number of acres and the location and quality of known occupied SKR habitat in which incidental taking has occurred pursuant to the Section 10(·) Permit during the previous semi-annual period, and (tt) the total number of acres in the location and quality of occupied SKit habitat and non-occupied SKR habitat acquired as replacement habitat durtn~ the same period. If the semi-annual report indicates that the amount of take that has occurred to date exceeds the amount of replacement habitat acquired to date by more than ten percent (10%) in area, then the County and the Cities shall immediately suspend the issuance of any subpermits or building, grading, surface mining permits, or other development approvals allowing the incidental take of SKIt until the required level of replacement habitat has been acquired. In the event the County and the Cities fail to comply with the requirements of this paragraph, the FWS say immediately suspend the Section 10 (a) Permit in accordance with the requirements of Section VI. B. (3) (a). s 8, Subsection (d) of Section IV,A,(7) of the Implementation Agreement is hereby revised in its entirety to read as follows: wFor purposes of this paragraph (7), the phrase 'replacement habitat' shall mean and refer to occupied SKR habitat as well as lands which are not occupied by SKRbut which would benefit SKIt if included in · reserve operated and maintained to preserve SKRand its habitat, including, but not limited to, potential SKIt habitat, wildlife corridors, areas connecting patches of occupied SKRhabitat and any areas buffering SKR occupied habitat from adjacent land uses. Replacement habitat credit for unoccupied lands shall be determined in advance of acquisition by the FWS on a case-by-case basis. In addition, the word 'acquired' shall mean and refer to any of the following: (i) Ownership of, or a contingencY-Zreecontract or escrow to purchase, · fee interest in replacement habitat. (tt) Ownership of, or a contingency-free contract or escrow to purchase, · wildlife conservation easement over and upon replacement habitat which lasts in perpetuity. Ho2rd,~o:es/,2zFr~ -4 (ill) A Judicial order authorizing the JPA and/or the County to take possession of replacement habitat, provided that ~he JPA and/or the County is. diligently proceeding with an eminent domain action. seeking the rendering of a final judgment for fee simple title, or a perpetual wildlife conservation easement over and upon, such replacement habitat. (iv) Imposition by any City or the County of a wildlife conservation easement or similar covenants or servitudes lasting in perpetuity for the benefit of SKR over and upon replacement habitat owned by any City or the County which, as of the date of this Agreement, is not managed for, or dedicated to, open space or wildlife conservation. s 9. In the list of conditions attached to the Permit, the first sentence and first clause of the second sentence of condition G on page 2 is hereby revised to read as follows: wlncidental take of Stephens* kangaroo rats in reserve study areas is not authorized, except for take resulting from projects that involve essential public utilities, such as water, electricity, gas, and the like, in which no reasonably alternative location or route is available, taking into account comparable environmental consequences and costs of installation, and subject to approval of appropriate mitigation by the Service and Department. Notification of projects involving essential public utilities that would affect occupied SKRhabitat within study areas must be directed to .... s 10. The second sentence under "Location of Takew on page 69 of the HCP is hereby revised to read as follows: eThe Section 10(a) Permit will also allow incidental take within the SKR reserve study areas for essential public utilities subject to the conditions specified in the Permit and Implementation Agreement." 11. Under "Monitoring of Potential Reserve Sitesw on page 71 of the HCP, a new item a. is inserted and all subsequent items are relettered as appropriate. The new item a. reads as follows: eldentify existing and planned essential utilities, including but not limited to, electricity and gas facilities." public water, -5- 12. Under "Monitoring of Potential Reserve Sites- on page 71 of the HCP, item a. on page 71 As telsteered as item b. and is revised to read as follows: "Require s biological report in order to determine whether any proposed development project as defined in the Implementation Agreement or essential publtc 13. Under "Monitoring of Potential Reserve Sites- on page 73 of the MCP, item d. is relate.red as Items. and is revised to read as follows: -14. of the follows: "Allow the provision of essential public utilities within reserve study areas that would result in Incidental take within reserve study areas provided that the USFV~S concurs that the impacts of the take will not be significant and that the proposed mitigation appropriate.w The second sentence of subsection (a) of Section IV.A.(7) ImPlementation &greement Is hereby revised to read as aNotwtthstandtng the foregoing, incidental take of SKIt resulting from the provision- of essential public utilities will be allowed within study areas subject to FWS review and approval. Essential public utilities include, but are not limited to, the operation, 15. This Amendment shall become effective upon its execution by all of the'parties her. to. 16. The parties agree that the Permit,., ImPlementation Agreement and HCP shall be liberally construed. to be consistent with, and to give effect to, the amendments and modifications set forth in this Amendment. ITEM NO. CITY OF TEMECULA AGENDA REPORT APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: City Council/City Manager Harwood T. Edvalson, Assistant City Manager~ February 2, 1993 ANTI-GRAFFITI ORDINANCE RECOMMENDATION: Introduce and read by title only an ordinance: ORDINANCE NO. 93- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING DIVISION 4 TO CHAPTER 6.14 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO GRAFFITI REMOVAL AND ESTABLISHING REWARDS FOR INFORMATION LEADING TO THE SUCCESSFUL CONVICTION OF ANY PERSON PLACING GRAFFITI ON ANY PUBLIC OR PRIVATE PROPERTY BACKGROUND: At the City Council meeting of January 12, 1993, staff received direction to prepare the final proposed draft of an anti-graffiti ordinance. As a result of Council input, and input from the anti-graffiti ad hoc committee the ordinance includes the following elements: (1) The criminal penalties associated with graffiti-vandalism of public and private property; and (2) Direction that City pursue, as appropriate, both criminal and civil remedies to acts of graffiti-vandalism; and (3) That the City may use public funds to eradicate graffiti on public and private property; and (4) That the City will Pursue the normal nuisance abatement process with property owners who, for whatever reason, refuse to either allow the Cityto clean the graffiti or refuse to abate the graffiti themselves; and (5) Establishment of s basic reward of $100.00 for information leading to the successful conviction of graffiti-vandals. This amount may be increased by Council action. FISCAL IMPACT: It is anticipated that the adoption of this ordinance will have little or no new fiscal impact. ORDINANCE NO. 93 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEIVlr, CUIA ADDING DIVISION 4 TO CHAPTER 6.14 OF THE T]EMECITLA MUNICIPAL CODE PERTAINING TO GRAFFITI REMOVAL AND ESTABLtgmNG REWARDS FOR INFO~~ON LEADING TO THE SUCCESSFUL CONVICTION OF ANY PERSON PLACING GRAFFITI ON ANY PUBLIC OR PRIVATE PROPERTY W!:W~, graffiti on public and private property is a blighting factor which not only depreciates the value of the ~, but also the value of the adjacent and surrounding communities; and WHEREAS, the proliferation of graffiti vandalism is often gang related and can be the beginning signs' of greater illegal activities; and WHEREAS, criminal penalties under Penal Code Sections 594, 640.5 and 640.6 for acts of graffiti include fines up to $50,000, imprisonment up to one year in State Prison or County Jail, restoration of property and up to 96 hours community service by the perpetrators; and WHEREAS, under Civil Code Section 1714.1Co), the parent[s] or legal guardian[s] of a minor can be held civiHy liable up to $10,000 for damages to the property of others caused by the willful misconduct of the minor resulting in the defacement of such property; and WHEREAS, Government Code Section 53069.3 authorizes this City to enact ordinances to provide for the use of City funds to remove graffiti from public and privately owned permanent structures located within the City; and WHEREAS, pursuant to Government Code Section 53069.3, the City Council of the City of Temecula finds and determines that graffiti or other inscribed material on public or privately owned structures on public or privately owned property within the City is obnoxious to the public health, safety, and general welfare of the community and the citizens of this City; and WHEREAS, the City Council finds and determines that the prompt removal of any and all graffiti wherever located in the City is in the public interest and for the public benefit; and WHEREAS, the City Council finds and determines that a program allowing for the use of City funds to remove graf~ti on public and private property is a suitable mechanism for the prevention and removal of graffiti within the City; and WHEREAS, the City Attorney is hereby directed to seek restitution for the costs to the City for the removal of graf~ti. wherever authorized by law; NOW, TI-fi~-~ORE, THE CITY COUNCIL OF THE CITY OF TEMECULA ORDAINS AS FOLLOWS: Section 1. P,11~osc and Intent. It is the intent of the City Council of this City to provide for the removal of graffiti on public and private property as set forth in this ordinance, and to authorize the use of rewards for encouragement of information leading to the conviction of persons placing graffiti on any public and private property. Section 2. 'Division 4 - Graffiti Removal* is hereby added to Chapter 6.14 of the Temecula Municipal Code to read as follows: "BIVIslON 4 - GRAFF1TI RRMOVAI. 6.14.301 AuthoriT=tion to Remove Graffiti and other Unauthorized Inscribed Materials from Private snd Public ~. . Whenever the City Manager or his/her designated representative determines that graf~ti or other inscribed material is so located on public or privately owned, permanent structures on public or privately owned real property within this City as to be viewed by a person utilizing any public right-of-way in this City, the City Manager or designated representative is authorized to provide for the removal of the graffiti or other inscribed material upon the following conditions: A. In removing the graf~ti or other inscribed material, the painting or repair of a more extensive area than necessary to remove said graffiti shah not be authorized. B. When a smacture is owned by a public entity other than this City, the removal of the graffiti or other inscribed material may be authorize! only after securing the consent of the public entity-having jurisdiction over the structure and such entity executes a release and waiver approved as to form by the City Attorney. C. Prior to the removal of graf~ti on private property, the City shah obtain written consent of the property owner and the owner shah execute an appropriate release and waiver approved as to form by the City Attorney. The owner shah be charged only for the actual cost incurred by the City to remove the graffiti. "6.14.302 Alternative Procedures Available. In the event the property owner of private property upon which graffiti or other inscribed material has been placed, declines to consent to removal thereof by City, or fails to remove the graffiti or other inscribed material within five (5) calendar days after service of a Notice of Intent to Remove Graffiti, the affected property shall be subject to the nuisance abatement process set forth in this Chapter of the Temecula Municipal'Code." "6.14.303 Rew~rd for Information. The City Council determines that rewards for any information leading to the identification, apprehension and conviction of any person who has placed graffi~ upon any public or private protpa~ in the City shall be a minimum of One-Hundred Dollars ($100.00). The City Council reserves the right to offer a higher reward in circumstances as determined by the City Council. The identity of those seeking rewards shah be considered confidential and will not be released to the public. The City Council ~es the fight to require that the convicted offender reimburse the City for any reward paid, and place the responsibility for such reimbursement upon the parent[s] or legal guardian[s] of any minor so convicted." Section 3. Severability. The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. PASSED, APPROVF~r} AND ADOPTED this day of , 1993. ATTEST: J. Sal Mu~oz, Mayor June S. Greek, City Clerk [Seal] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss' crrY OF TmVIF. X2ULA ) I, June Greek, City Clerk of the City of Temecula, do hereby certify that the forgoing Ordinance No. was duly introduced and placed upon its tint reading at a regular meeting of the City Council on the day of ,1993, and that thereafter, said Ordinance was duly adopted and passed at '~=~ meeting of the City Council on the__ day of._.=_, 1993, by the following vote, to wit: AYES: NOES: ABSENT: COUNCIL~MBERS COUNCILMEMBERS June S. Greek City Clerk IT'EM NO. 6 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT City Council/City Manager Tim D. Serlet, Director of Public Works/City Engineer February 2, 1993 City Road Projects Status Report PREPARED BY: Don Spagnolo, Principal Engineer - Capital Improvement Projects RECOMMENDATION: Receive, file and provide staff direction. BACKGROUND: The status of the ongoing City road projects is outlined in the attached report. FISCAL IMPACT: None, Attachments: 1. Road Project Report 2. Listing of Priority Projects pwO 1%egdrpt%93%O202~road.rpt 0127e CITY OF TEMECULA . City Road Project Report The following is the status of ongoing City road projects: Margadta Road: Solaria to Winchester - Project is under construction and is expected to be completed at the and of February continent upon the weather. Ynez Road: Overland Crossing at I-15: Winchester Loop: Rancho California Loop: Western Bypass Corridor: Moraga Road Improvements: Pujol Street Improvements: John Warner / Liefar: Pavement Mgmt. System: Butterfield Stage Road: Rancho California to Winchester - Bids were received on Jan. 14th with construction to begin in early March and be completed in late November. Jefferson to Ynez - Caltrans reviewing Project Report and advanced planning study for the bridge. Construction anticipated to begin in November of 1993. Northbound On-Ramp- Caltrans reviewing Project Report and advance planning study for the bridge widening. City reviewing Cooperative Agreement. Construction anticipated to begin in July of 1994. Northbound On-Ramp- Caltrans reviewing Project Report and advance planning study for the bridge. Preparing prlim. construction plans. Construction anticipated to begin in September 1994. South 79 to North City Limits - Alignment study to be presented at Jan. 28th Public/Traffic Safety Commission. At Long Valley Wash - Plans and specs are 90% complete. Permit from Army Corps and Fish & Game required. First Street to Town Association - Plans and specs are 90% complete. Need to determine additional funding source for construction costs above CDBG funds. Culvert Installation - Soliciting bids for culvert improvements. Citywide - Consultant gathering data for road inventory and providing Staff training. La Serena to Calle Chapos - Preparing request for qualifications. Pwool ~egdrPt~93~O202~road.rpt 0127a Listing of Priority Projects Capital Improvement Projects - "92-93" Pro]eGt Priority Source of Funds Total Circulation Rancho California Interchange Winchester Road Interchange Ynez Road Corridor Overland Overcrossing Butterfield Stage Road Extension Margarita Road Improvement (East Side) Nicolas - Calle Chapos Paving Solana Way - Ynez to Margarita Old Town'Street Repairs Moraga Storm Drain CFD 88-12 CFD 88-12 I CFD 88-12 I, CFD 88-12 AD DIF Measure A DIF/RA LTF. Measure A 7,603,230 8,328,350 5,631,275 12,191,396 5,400,000 235,000 500,000 346,250 200,000 200,000 Traffic Signals at Following Locations: Margarita at La Serena No. Highway 79 at Margarita So. Highway 79 at Butterfield Stage Road So. Highway 79 at Margarita (Advancing) So. Highway 79 at Pale Road So. Highway 79 at La Paz Road So. Highway 79 at Nicolas FSTA FSTA DIF DIF DIF DIF DIF 100,000 150,000 78,750 78,750 130,000 130,000 130,000 First Street Bridge RDA 1,000,000 pw01 ~agdq)t~93~O202\roed.rpt 0127e ITEM NO. 7 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY FINANCE OFFICER .~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Director of lanmng February 2, 1993 Non-Profit Organization Exemption of Fees RECOMMENDATION: The Planning Department Staff Recommends that the City Council: DIRECT Staff to Exempt Non-Profit Organizations from the Payment of Fees for Minor Outdoor Events. BACKGROUND This item was continued from the meeting of January 26, 1993. At the City Council Study Session January 19, 1993, the City Council reviewed the Development Processing Fees for the Ci.ty. In their consideration of the total fee package, the Council agreed in concept to exempt non-profit organizations from the $190.00 minor outdoor event application fees for Planning Department review. The total fee package will be scheduled for public hearing by the City Council in mid February, where a final decision will be made. FISCAL IMPACT As indicated in the October 27, 1992, (memo attached), the Planning Department would lose approximately $4,700.00 per year if this exemption is approved. Attachment 1. Memo Dated October 27, 1992 -page 2 vgw S%STAFFRFT~NONPROF.CC ATTACHMENT NO. 1 MEMO DATED OCTOBER 27, 1992 ~ S~STAFFRP~NONPROF,CC 2 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Director of Planning October 27, 1992 Consideration of Exemption of Non-Profit Agencies from Payment of Outdoor Activity Permit Fees RECOMMENDATION: Provide direction to Staff. BACKGROUND This item was placed on the agenda a the request of Mayor Birdsall. Under the current City Ordinances, applicants for minor and major outdoor events must pay a fee of $i 97.00. This fee covers the costs of processing by City and County agencies, and is distributed as follows: Planning $105.00 Health 57.00 Police 27.00 Public Works 8.00 Total $197.00 Staff has reviewed the applications submitted to the City over the past year in order to determine how many were submitted by non-profit agencies for special events. Staff's finding was that 60% of the submittals were applied for by non-profit organizations. Recently, Staff has received a number of requests from non-profit agencies to waive fees. It is the feeling of these non-profit groups that, because their special events are usually fundraisers to support their various causes, all fees should be waived. However, irregardless of the benefits, the costs associated with ensuring that public health and safety concerns are satisfied must be paid by someone. If the processing costs are not paid by the applicant, then the burden falls on the community at large. One possible remedy to this situation (suggested by Mayor Birdsall) is to consider allocating a certain amount of money in the budget toward covering the processing of non-profit special events. Staff has done some research on the estimated costs per year to cover the processing of these applications; it is estimated that this would amount to approximately $4,728.00 per year. S~STAFFRFT~NON'Pffirr'CC FISCAL IMPACT If implemented, it would result in a loss of approximately ~4,728.00 per year. vgw S~STAFFRPI'INON,pRFT CC · 2 ITEM NO. 8 APPROVAT. CITY ATTORNEY ~.~ FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Scott F. Field, City Attorney DATE: February 2, 1993 SUBJECT: Amendment to Employment Agreement with the City Manager RECOMMENDATION: That the City Council 'authorize the Mayor to execute the attached letter amending the City Manager's Agreement to allow the city vehicle to be used for vacations at a reimbursement rate of $10.00 per vacation day. DISCUSSION: David F. Dixon was appointed City Manager on June 13, 1990. The current form of his employment agreement is reflected in the attached letters of July 2, 1991, and May 29, 1992. The agreement presently provides that the City will provide the City Manager with a City vehicle for professional and personal use, not including vacations. The City is to pay for all insurance, gasoline, maintenance and registration. The City Manager currently only has this one vehicle for use. Consequently, it is requested that the vacation exclusion be modified to allow use of the vehicle during vacations subject to reimbursement. Given that the City is already responsible for insurance, and registration, a fair rental rate need only address the depreciation and maintenance associated with the vacat'ion use of the vehicle. It is suggested that the City Manager pay a rate of $10.00 per vacation day, plus all gas and oil associated with any vacation travel. Accordingly, is recommended the City Council authorize the Mayor to execute the attached amendment to the City Manager's agreement, authorizing vacation use of the vehicle at the rate of $10.00 per vacation day, plus gas and oil. FISCAL IMPACT: Is minimal, as the City will be paid for vehicle depreciation and maintenance associated with vacation use of the vehicle. ATTACHMENTS: City Manager agreement dated July 2, 1991 Second amendment to City Manager's agreement dated May 29, 1992 Proposed third amendment, dated January 26, 1993. City of Temecula 43174 Business Park Drive · Temecula, California 92590 (909) 694-1989 · FAX [909~ 694-1999 January 19, 1993 Mr. David F. Dixon, City Manager City of Temecula 43174 Business Park Drive Temecula, Ca 92590 Re: City Manager/Third Amendment to Appointment Agreement. Dear Mr. Dixon: As you know, your current Appointment Agreement provides that the City will provide you with a vehicle for your professional and personal use. The City Council hereby proposes that Section 10 of your amended Appointment Agreement of July 2, 1991 (as otherwise amended by the second amendment of May 29, 1992), is amended to read as follows: 10. Vehicle - The City will provide you with a City vehicle for your professional and personal use. The City will pay for all insurance, gasoline, maintenance, registration (exempt license plate) for thisvehicle, except that .you will pay for gasoline and oil associated with vacation travel and further that you will pay the City a vacation rate of $10.00 per vacation day for which the vehicle is used. In addition, the City will provide for regular replacement of the vehicle consistent with the depreciation policies of the City. This third amendment to your Appointment Agreement is made with the approval and authorization of the Temecula City Council. Sincerely, J. Sal Mu~oz, Mayor City of Temecula Accepted: Dated: ,1993. David F. Dixon IT Y OF TEME CULA May 29, 1992 Mr. David F. Dixon City Manager CITY OF TEMECULA 43174 Business Park Drive Temecula, CA 92590 RE: CITY MANAGER/SECOND AMENDMENT TO APPOINTMENT AGREEMENT Dear Mr. Dixon: As you know, the City Council is desirous that the City Manager live within the City, and included specific provisions in this regard in your original letter of appo'ntment dated June 13, 1990, as further amended by the Amended Appointment Agreement dated July 2, 1991. In order to further that goal, while at the same time limiting the City's total obligation, Section 11 (a) of the July 2, 1991 Agreement is amended to read as follows: (A) Low Interest Loan. The City will make available to you a housing loan. The loan, a first mortgage, will be up to 90% of the purchase price of a home within the City. The principle plus interest payments will be paid to the City on a monthly basis at a rate equivalent of the interest earned by the City's investment portfolio or some other mutually agreed upon index. The rate will be an adjustable rate, calculated on an annual basis. There will be a cap rate of three percentage points on the loan which means that the rate will not increase by 'more than three percentage points during the life of the loan. The loan will be due and payable within twelve (12) months of either your leaving your employment with the City or when the home is no Ior~ger your primary residence, whichever occurs first. You will obtain a life insurance policy in the amount of the loan and the City will be named as the primary beneficiary in order to pay off the loan in the event of your death. You will be responsible for the cost of this policy and you will file a copy of the policy with the City. 43174 [~USINES5 PAI~K D~tvE · TEMFCULA. CALIFOI~NIA 92590 ® PHONE (714) 694'1989 ® FAX (714) 694-1999 David F. Dixon, City Manager CITY OF TEMECULA May 29, 1992 Page Two This amendment to your Appointment Agreement is made with the approval and authorization of the Temecula City Council. · erely, ,. ~cia H. Birdsall, Mayor CITY OF TEMECULA Accepted: ATED:.~=~ ~','~ David F. Dixon ,1992 of Temecula 43172 Business Park Drive .Ternecula, California 92390 Ronald J. Parks Ivlayor July 2, 1991 'atricia H. Birdsall Mayor Pro Tern arel E Undemans Councilmember Peg Moore Counatmemiser David F. Dixon 11140 Pioneer Ridge Drive Moreno Valley, CA 92388 J. Sal Mur~oz Councflmernl3er Re: CiD, Manager/Amended ,~pointment A~reement David E Dixon Civ/Msnager (714) 694-1989 ~0< (714J 694-1999 Dear Mr. Dixon: As you know, the Council is desirous that its City Manager live within the City, and included specific provisions in your letter of appointment to accomplish that goal. The Council also recognizes thai the present real estate market has frustrated that goal. In addition, the Council also recognizes that the City' s present health plan differs from what was contemplated when you were appointed The purpose of this letter addresses both of these issues by revising the terms and conditions of employment for your position. 1. Appointment - If you decide to accept this position, your appointment would become effective July 5, 1990. Your appointment will terminate on July 5, 1995; however, the City and you anticipate that this Agreement may be extended from time to time with the consent of the City and you, and according to such terms as the City and you may agree on. 2. ~ - Your base salary will be set at $103,870.00 per year for the reader of the fiscal year 1989-1990, and all of the fiscal year 1990-1991. Your annual base salary will be payable in installments at the same time as the other employees of the City. Commencing on July 5, 1990, the City will contribute to a deferred compensation program of your choice, a sum equal to Seven and 22/100 percent (7.22%) of your base monthly salary. 3. Retirement - The City of Temecula will execute all necessary agreements to participate in the State of California Public Employees Retirement System ('PERS) and you will be em'olled in that program at the earliest eligible date. The employee's contribution to PEPS would be paid on your behalf by the City of Temecula. 4. Vat~tion Inve and Sick Leave - Effective on your first day of employment with the City you will be credited with fourteen (14) days of combined vacation and sick leave. Thereafter you will accrue combined paid- vacation and sick leave at the rate of 2.334 days per month during the term of your employment. You will also be eligible to receive any unused vacation leave and sick leave in cash when leaving the employment of the City. All aspects of the administration of sick leave and vacation leave will be in accordance with that which is provided to all executive management employees of the City. 5. Administrative Leave - The City will provide you with ten (10) days of administrative leave per fiscal year accumulating at a rate of 0.834 day per month. Any unused leave may be paid out to you in cash semi-annually, at your option. 6. Medi~! a~-ne~ts - The City will enroll you and all of your eligible dependents in the major 'medical, health, sickness, accident, and disability 'cafeteria' plan the City provides or makes available to all employees of the City. In ad,dition, to the extent said cafeteria plan is insufficient to cover group medical, vision, long term disability, group dental and group. term life for you and your eligible dependents, the City will purchase a long term disability insurance for you in coverage mounts comparable to the City's cafeteria plan. 7. I .ire Insurnnce - The City will provide you with term life insurance from a carrier of the City's choice in accordance with that which is provided to all executive management employees of the City. In the event that no such plan exists, the City will provide a similar plan for you substantially equal to that which is provided to employees of similar cities in the area. ' . 8. Physic'hi F-x~rnination - You will submit to a complete physical examination by a qualified physician selected by the City once a year. The City will pay for the cost of this physical examination and the City will receive a copy of all medical reports related to such examination. 2 9. Professions! Development - All normal business expenses, including attendance at League of California Cities, Independent ..Cities Association, California Redevelopment Association, and International City Managers Association meetings and conferences, as well as local service club membership, business lunches and dinners, etc., will be paid for by the City and provided for separately in the operating budget of the City Manager's Office. All other job-' rehted seminars, training sessions, and professional dues and subscriptions will be paid for by the City and provided for separately in the operating budget of the City Manager's Office. 10. Vehicle - The City will provide you with a City vehicle for your professional and personal use, not including vacations. The City will pay for all insurance, gasoline, maintenance, and registration (exempt license plates) for this vehicle. In addition, the City will provide for regular replacement of the vehicle consistent with the depreciation policies of the City. 11. Residency - The City and you have acknowledged the desinbility of your relocation to the City of Temecula. In order to secure your relocation, the City will provide you with: (A) Low Interest ro:~n. The City will make available to you a housing loan. The loan, a first mortgage, will be up to 70 % of the purchase price of a home within the City. The interest payments will be paid to the City on a monthly basis at a rate equivalent to the interest earned by the City's investment portfolio or some other mutually agreed upon index. The rate will be an · adjustable rate, calculated on an annual basis. There will be a cap rate of three percentage points on the loan which means that the rate will not increase by more than three percentage points during the life of the loan. The loan will be due and payable within twelve (12) months of your leaving your employment with the City or when the home is no longer your primary residence, whichever occurs fLrst. You will obtain a life insurance policy in the mount of the loan and the City will be named as the primary beneficiary in order to pay off the loan in the event of your death. You will be responsible for the cost of this policy 'and you will file a copy of the policy with the City. (B) Moving Expenses. The City will pay your expenses, in an mount not to exceed $4,000, for packing, moving and transporting, storing, unpacking, and insurance of your ,personal belongings and those of your family. Moving expenses is defined to includ~ temporary relocation to the City for a period not to exceed ten (10) months. 12. Performance F. vsluation - The Council will review and evaluate your performanc~ at least once annually in advance of the adoption of the City's budget. This review and evaluation will be in accordance with specific criteria, goals, and performanc~ objectives developed jointly by you and the Council. 13. Outside Activities - You will not engage in any outside activities for compensation without the prior approval of the Council. 14. Termination of Appointment: Seversnee - The City and you will have the right to terminate this Agreement prior to Jfily 1, 1995 or any extensions of this Agreement, except that the City will not terminate this Agreement during the first ninety (90) days following a regular or special municipal election in which members of the Council are elected. The City may terminate this Agreement for any reason; however, should you be involuntarily terminated by the City for any reason other than conviction of an illegal act involving moral turpitude or personal gain to you, you would be provided with a lump sum cash payment equal to six (6) months' aggregate salary. Medical benefits and life insurance will be extended six (6) months after termination, or when replaced by another employer, whichever first occurs. You may terminate this Agreement for any reason, provided you first furnish the City with at least thirty (30) days advance notice. 15. Indemnification and Bond - The City will defend, save harmless, and indemnify you against any ton, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in your performance of your duties as City Manager. This provision will not apply with respect to any intentional tort or crime which you . may commit or to any punitive damages which may be assessed against you. The City will bear the full cost of a fidelity bond in the mount of $1t30,000.00 or any other bonds which may be required of you in the performance of your duties as City Manager. 16. Miscellaneous - Except as otherwise provided in this Agreement, you will receive all benefits to which executive management employees of the City are entitled. In addition, the City will not at any time during the term of this 4 Agreement reduce-your salary, compensation, or other financial benefits, except to the degree the City reduces such benefits, or any portion of such benefits, for all employees of the City. This offer of employment is made with the approval and authorization of the Temecula City Council. Ronald Parks, Mayor of the City of Temecula. ACC~-'fED: ~: '712-~~~~, 1991 David F. Dixon 5 ITEM NO. CITY ATTORNEY FI!Jl~ICB OFFICE~~ CITYMI~FA~E~ CITY OF TEMECULA AGENDA REPORT TO: CITY COUNCIL FROM: DAVID F. DIXON, CITY MANAGER DATE: FEBRUARY 2, 1993 SUBJECT: OFFICIAL NAME OF THE PARKS AND RECREATION COMMISSION PREPARED BY: (~ RECOMMENDATION: SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR That the Board of Directors: Consider and if desired, change the official name of the Parks and Recreation Commission to the Community Services Commission. DISCUSSION: On April 24, 1990, the City Council established by ordinance the Temecula Parks and Recreation Commission and stipulated by resolution that the Commission's duties included providing recommendations to the City Council 'concerning parks and recreation services and programs for the community. Although the Community Services Department is responsible for additional functions other than parks and ~ecreation services, the primary issues considered by the Commission relate to parks and recreation services. At the December 14, 1992 Parks and Recreation Commission meeting, the Commission cited that the League of California Cities recognizes Parks and Recreation Departments as Community Services Departments because of the movement towards offering human services as a part of recreation programming. With the addition of the City's new Senior Center, a wide variety of human services will be offered at this facility i.e. blood pressure testing, social security information, veterans services, para legal services, etc. Therefore, the Commission is recommending that the official name of the Parks and Recreation Commission be changed to the Community Services Commission without adding any additional responsibilities or duties to the Commission. FISCAL IMPACT: None. ORDINANCE NO. 90-05 AN. ORDINANCE OF TF[E CITY COUNCIL OF TH~ CITY OF TE1VIECULA ADDING CHAFrER 13.01 TO THE TEM:ECULA MUNICIPAL CODE RELATING TO ~ ESTABL[SH1VIENT OF A TEMECULA PARKS AND RECREATION CO1V[M/SSION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 13.01 is hereby added to the Temecula Municipal Code as follows: "13.01.010 Temecula l~r~ ~tid Recr~tion Commission - l::-~tablished. There is hereby established a Temecula Parks and Recreation Commission. 13.01.020 Time ~nd p]~ of meeting. The time and place of the meetings of the Temecula Parks and Recreation Commission shall be established by resolution of the Commission. 13.01.030 Duties. The duties of the Temecula Parks and Recreation Commission shall be established by resolution of the City Council. * SECTION 2. SEV~-RABII,ITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 3. This Ordinance shall be in full force and effect thirty (30) days after its passage. SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted in the manner prescribed by law: PASSED, APPROVED AND ADOFrED this 24th day April, 1990. RONALD I. PARKS MAYOR ATTEST: June S. ~c;c, Deputy City Clerk STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA ) SS I, June S. Greek, Deputy City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Ordinance No 90-05 was duly adopted at a regular meeting of the City Council of the City of AYES: 5 NOES: 1 ABSENT: 0 COUNCILMEMBERS: Birdsall,. Lindemans, Mufioz, Parks COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE Moore, Jun Clerk RESOLUTION NO. 90-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEiVIECULA ESTABLISHING THE ORGANIZATION, OBJECrIVES, AND RESPONSIBILITIES OF A TEMECULA PARKS AND RECREATION COMMISSION The City Council of the City of Temecula does resolve, determine and order as follows: Section h Establishment of Commi.~sion. Pursuant to Section 13.01 of the Temecula M-nlcipal Code, there is hereby created an advisory commission which shall be known as the "Temecula Parks and Recreation Commi-~sion-" Section 2: Commission Membership, The Temecula Parks and Recreation Commission shall consist of five (5) members to be nominated and appointed pursuant to Chapter 2.06.050 of the Temecula Municipal Code. SectiOn 3: Staff Assistance. The City Manager shall ensure that adequate staff will b~ allocated to provide necessary technical and clerical assistance to the Commission. Section 4: Time and Place of Meetings. The Temecula Parks and Recreation Commission shall establish a regular date, time and place for Commission meetings, which shall be open to the public. Said meetings shall occur no less frequently than once a month. Section 5: Term. The Temecula Parks and Recreation 'Commission shall continue in effect pursuant to Chapter 2.06.060 of the Temecula Municipal Code. Section 6: Duties of Commission. The duties of the Temecula Parks and Recreation Commission shall be as follows: A. Review and make recommendations to the City Council concerning the Parks and Recreation element of the General Plan and work with the Temecula Community Services District, the Temecula Valley Unified School Disi['i~ and other city departments and community groups to provide parks and recreation services and progr:~ms for the community. Resolution 90-39 Page 2 Section 7: This Resolution shall becomc effective concurrently with the effective date of the City Ordinance adding Chapter 13.01 of the City Municipal Code. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 17th day of April, 1990. Ronald 3. Parks, Mayor ATTEST: unQ ~cpu~f'~Ci ~ j J Grcc ty Clerk [SEAL] Resas/90-]9 04/19/90 10:10~m STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA ) SS I, June S. Greek, Deputy City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 90-39 as duly adopted at a regular meeting of the City Council of the City of Temecula on the 17th day of April, 1990,.by the following roll call vote. AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Munoz, Parks NOES: 0 COUNCILMEMBERS: NONE ABSENT: 0 COUNCII24EMBERS: NONE June re . y Clerk ITEM NO. 10 APPROVAL CITY ATTORNEY.~ FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council Harwood T. Edvalson, Assistant City Manager l February 2, 1993 PURCHASE OF LAW BOOKS RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING IN AN AMOUNT NOT TO EXCEED EIGHT-THOUSAND DOLLARS ($8,000.00) THE PURCHASE OF LAW BOOKS AND BOOKSHELVES TO BE GRANTED TO THE TEMECULA BRANCH OF THE RIVERSIDE COUNTY LIBRARY SYSTEM. That the City Council adopt the attached resolution authorizing the purchase of law books from Mr. Norm Achen for donation to the Temecula Branch of the RiverSide County Library System, and to purchase shelving as necessary. The total cost for books and shelves not to exceed $8,000.00. BACKGROUND: Mr. Norm Achen has closed his law practice in Temecula, and has offered to sell his law books to the City of Temecula for $6,000.00. The set of books include the following titles: (1) California Forms of Pleading and Practice, (2) Cal Jur, (3) California Civil Actions, (4) Shepards California Citations, (5) California Legal Forms, (6) California Procedure, (7) Summary of California Law. The Temecula Branch of the Riverside County Library System currently has West's Annotated California Codes, and has determined that the collection offered by Mr. Achen would be of benefit to both the legal profession and the general public, who must now generally travel to Riverside to use these books. Although space at the Temecula Branch Library is limited, the Branch has agreed to house these books if appropriate shelving is also provided. In addition to Council approval, one final detail to be resolved is the responsibility for annual updates to the legal books. City staff has taken the position that it would be ill-advised for the City to accept an ongoing annual obligation to pay for the updates. The Library has indicated that it lacks the funds to provide for the updates. Recognizing a potential benefit to its members, a representative of the local bar association is attempting to provide for the updates. No purchase of the law books would be finalized until this issue is resolved. FISCAL IMPACT: The City's obligation for the law books is ~6,000.00. The book shelves are estimated to not exceed $2,000.00 in cost. Details of the law book grant to the Library would be finalized in time for an appropriation to be made from the General Fund's unappropriated balance at the Mid-Year Budget Adjustment. The City's fiscal impact would not exceed $8,000.00. RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING IN AN AMOUNT NOT TO EXCEED EIGHT-THOUSAND DOLLARS ($8,000.00) THE PURCHASE OF LAW BOOKS AND BOOKSHELVES TO BE GRANTED TO THE TEMECULA BRANCH OF THE RIVERSIDE COUNTY LIBRARY SYSTEM. WHEREAS, the City has determined that the purchase of previously-owned law books and subsequent grant of those law books for display at the Temecula Branch of the Riverside County Library System would have direct benefit to the residents of the City of Temecula; and WHEREAS, Temecula residents now desiring to use such law books must travel to the * Law Library in Riverside; and WHEREAS, the Temecula Branch of the Riverside County Library System has agreed to house the books if appropriate shelving is also provided. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the City Staff is authorized to purchase a collection of law books from Mr. Norm Achen for the amount of Six Thousand Dollars ($6,000.00), and to purchase book shelves for the collection in an amount not to exceed Two Thousand Dollars ($2,000.00). Section 2. That the City Staff is directed to grant the collection of law books and shelving for display at the Temecula Branch of the Riverside County Library System. Section 3. That the City Council authorizes the expenditure of an amount not to exceed Eight Thousand Dollars ($8,000.00) from the unappropriated fund balance of the General Fund. Section 4. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 8th of September, 1992. ATTEST: J. Sal Munoz, Mayor June S. Greek City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA I, June S. Greek, City Clerk of the City of Tamecula, California, do hereby certify that Resolution Nol 92--- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 26th day of January, 1993, by the following vote: AYES. COUNCILMEMBERS: NOES COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk P:%EDVALSHIJ, AWBOOKS.RES TEMECULA REDEVELOPMENT AGENCY AGENDA ITEM NO.