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Home My WebLink About031495 CC AgendaIn compliance with the Americana with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to enaure accessibility to that meeting [28 CFR 35.102.35.104ADA TdJe I1| AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING COMMUNITY RECREATION CENTER 30875 RANCHO VISTA ROAD MARCH 14, 1995- 7:00 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. CALL TO ORDER: Mayor Jeffrey Stone presiding Next in Order: Ordinance: No. 95-06 Resolution: No. 95-20 Invocation: Reverend Steven Leinhos, New Community Lutheran Church Flag Salute: Councilmember Roberrs ROLL CALL: Lindemans, Mur~oz, Parks, Roberts, Stone PRESENTATIONS/ PROCLAMATIONS Poison Prevention Proclamation Week of the Family Proclamation 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 filed 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. R:~gefda~031496 I CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR 2 3 4 Standard Ordinance Adootion Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda, Minutes RECOMMENDATION: 2,1 Approve the minutes of February 21, 1995. 2.2 Approve the minutes of February 27.1995. Resolution ADDrOving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO, 95- 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 Reoort as of January 31.1995 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of January 31, 1995, 5 R:~geeqda~0314~6 Out-of-State Travel Reauest RECOMMENDATION: 5.1 Authorize the Mayor to travel, out of state, to Salt Lake City to be present when Advanced Cardiovascular Systems (ACS) receives the United Nations Family Friendly Award. , 2 ' 6 Contract Insoection Services for Buildina and Safety RECOMMENDATION: 6.1 Approve an amendment to an existing professional services agreement for Employment Services, Inc. (E.S.I.), to provide Contract Building Inspection and Code Enforcement services to the Building and Safety Department for an approximate four (4) month period. Acceotance of Public Streets into the City-Maintained Street System (North General Kearnv Road and Golden Rod Roed) RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING CERTAIN PUBLIC STREETS CONSTRUCTED UNDER ASSESSMENT DISTRICT NO. 161 INTO THE CITY-MAINTAINED STREET SYSTEM (NORTH GENERAL KEARNY ROAD FROM NICOLAS ROAD TO THE EASTERLY CITY LIMITS AND GOLDEN ROD ROAD FROM NORTH GENERAL KEARNY ROAD TO THE NORTHERLY CITY LIMITS) 8 Acceptance of Public Street into the City-Maintained Street System - A Portion of Liefer Road RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING A PUBLIC STREET INTO THE CITY-MAINTAINED STREET SYSTEM - A PORTION OF LIEFER ROAD Professional Services with Albert A. Webb Associates for the Design of Solana Way Storm Drain Improvements RECOMMENDATION: 9.1 Approve the Professional Services Agreement between the City of Temecula and Albert A. Webb Associates to design Solana Way Storm Drain Improvements for the amount of $20,180.00. R:~/Wende~031496 3 : 10 11 12 Award of Contract for the Moraga Road Street Widenirm. Project No. PW9~-I 0 RECOMMENDATION: 10.1 Award a contract for the construction of Moraga Road Street Widening, Project No. PW92-10 to Ronald L. Harris Construction for el 02,721.00 and authorize the Mayor to execute the contract. 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of ~10,272.109 which is equal to 10% of the contract amount. Cable Television Rate Regulation RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A SETTLEMENT OF ITS INVESTIGATION OF CABLE TELEVISION RATES FOR BASIC SERVICE AND ASSOCIATED EQUIPMENT 11.2 Direct Staff to file a Petition for Special Relief requesting that the FCC review Inland Valley's rates for the period after July 14, 1994. Property Insurance Coverage RECOMMENDATION: 12.1 Review and approve the new Aetna property insurance policy with Strachota Insurance Agency Inc., effective March 27, 1995; 12.2 Provide staff with direction to obtain a Requests for Qualifications for property insurance broker services. R,,~O3141E 4 ' SECOND R;AnlNn OF ORnlNANCFS 13 Second Resdirm of Ordinance No. 95-04 RECOMMENDATION: 13.1 Adopt an ordinance entitled: ORDINANCE NO. 95-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SPECIFIC PLAN N0.213, AMENDMENT NO. 2 (PLANNING APPLICATION NO. 94- 062) AMENDING SPECIFIC PLAN NO. 213 TO CHANGE THE ZONING FOR PLANNING AREA 11 (32 ACRES) FROM VERY HIGH DENSITY RESIDENTIAL (14-20 DWELUNG UNITS PER ACRE WITH A MAXIMUM OF 360 MULTI-FAMILY DWELUNGS) TO MEDIUM DENSITY RESIDENTIAL (2-5 DWELLING UNITS PER ACRE WITH A MAXIMUM OF 150 SINGLE FAMILY DWELLINGS), LOCATED ON THE SOUTHWEST CORNER OF TOWN VIEW AVENUE AND MURRIETA HOT SPRINGS ROAD 14 Second Readino of Ordinance No. 95-05 RECOMMENDATION: 14.1 Adopt an ordinance entitled: ORDINANCE NO. 95-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PERTAINING TO OUTDOOR VENDORS AND ESTABLISHING REGULATIONS FOR OUTDOOR VENDING COUNCIL BUSINESS 15 Amended Animal Control Aareement and Animal Control Ordinance and Resolution RECOMMENDATION: 15.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 95- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEAUNG SECTION 6.04.010 AND ADDING CHAPTERS 6.02, 6.06 AND 6.08 TO THE TEMECULA MUNICIPAL CODE REGULATING THE KEEPING AND CONTROL OF DOGS, CATS AND OTHER ANIMALS 15.2 Adopt a resolution entitled: RESOLUTION NO. 95- 15.3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING ANIMAL LICENSING FEES, AND ADOPTING STANDARDS FOR THE OPERATION OF KENNELS AND CATTERIES AND POLICIES FOR THE DISPOSITION OF IMPOUNDED ANIMALS Approve the First Amendment to the Agreement for Animal Control Services and authorize the Mayor and City Attorney to execute the Amendment. 16 Planning Aoolication No. PA 95-0012- Aooeal of Plannino Director's Denial of Prooosed Sionaoe for Yellow Basket Restaurant RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA95-0012 FOR PROPOSED WALL SIGNAGE FOR PLOT PLAN NO. 247 LOCATED 40575 WINCHESTER ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 9910-110-068 17 Memorandum of Understanding Concerninq Soecific Plan No. 199, VanDaale RECOMMENDATION: 17.1 Approve the Memorandum of Understanding concerning Specific Plan No. 199 for Van Daele Development Corporation, authorizing the payment of development fees at a specified level and directing the Mayor to execute the Agreement on behalf of the City and the City Clerk to attest thereto. CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: March 28, 1995, 7:00 PM, Vista Road, Temecula, California. Community Recreation Center, 30875 Rancho R:%Agerda~31466 6 TEM;CULA t~3MMUNITY :SI:qVIC~R nlSTRICT Mk"I:TINn - (To be held at 8:00) CALL TO ORDER: President Ronald H. Roberrs ROLL CALL: DIRECTORS: Lindemans, Mufioz, Parks, Stone, Roberrs 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 Community Services Recreation Brochure RECOMMENDATION: 1.1 Accept proposal of, 15,039 from Graphic Unlimited to print one ( 1 ) issue of the Community Services Recreation Brochure. GENERAL MANAGERS REPORT - Bradley DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next meeting: March 28, 1995, 8:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. R:V~eenddl)31411E, 7 TEMFCI iLA ;;riwVwLOPM;NT AnI:NCY FIttING CALL TO ORDER: Chairperson Ronald J. Parks presiding ' ROLL CALL: AGENCY MEMBERS: Lindemans, Mui~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 vour name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of February 21, 1995. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT: Next Meeting: Temecula, California. March 28, 1995, 8:00 PM, 30875 Rancho Vista Road, R :%Agefide%031416 I PROCLAMATIONS/ PRESENTATIONS The City of Temecula PROCLAMATION Wu~:aEAS, in 1989, the Uni~ Nations General Assembly declared 1994 to be International Year of the Family; and WHEuEAS, groups from all over the world were asked to participate in conferences that focused on issues that effect the family; and WH~:MEAS, in conjunction with the InUnational Year of the Family a conference of cities, government and private sector pazmen will be held in Salt Lake City, Utah on March 16-- 19, 1995; and WHEREAS, at that conference, one of Temecula's, fine corporate citizens, Advanced Cardiovascular System, will be honored as a United Nations Family-Friendly Corporation for their strong corporate values which support employees, their families, the local school and the community; and ~, the City of Temecula strongly supports encouraging other corporations and organizations to adopt "Family-Friendly' policies designed to protect and strengthen family and individualwell-being; NOW, THEREFORE, I, Jeffrey E. Stone, on behalf of the City Council of the City of Temecula, hereby proclaim March 19 through 25, 1995 to be **Week of the Faunfly* IN WITNESS WILI/EOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this 7th day of March, 1995. leffrey E. Stone, Mayor lune S. Greek CMC, City Clerk The of Tettteclda PROCLAMATION WHX~:ul?-AS, annually a week is set aside to raise awareness of the dangers of accidental poisoning; and WHEREAS, it iS imporlant for the public to be aware of the necessity of keeping potenthl poisons, including medicines, away from children at all times; and WHKuEAS, the growing number of pediatric poisonings reflects a need to focus poison' prevention efforts on toxic substances found in the home; and WHEREAS, health care professionals and provideis are joining together to counsel patients to keep 211 medicines out of teach of children and to carefully store drain openex~, solvents, anti-freeze, kerosene, gasoline, pesticicles, or other toxic materials well out of reach of children, NOW, THEIH~-FORE, I, Jeffrey B. Stone, on behalf of the City Council of the City of Tcmecula, hereby proclaim the week of March 19-25, 1995, to be *Nafion~! Poison Prevention Weekw in the City of Tcmecula, and urge all citizens to recognize the dangers commonly found in the homc and to know and post the number of the local Poison Control Center on their telephones. IN WITNESS WIiklRFX)F, I have hereunto set my hand and caused the Seal of the City of Tcmccula to be affixed this 14th day of March 1995. Jeffrey E. Stone, Mayor 3une S. Greek, City Clerk ITEM I ITEM 2 MINUTES OF A THE TEMECULA CITY COUNCIL MEETING JOINTLY WITH THE TEMECULA REDEVELOPMENT AGENCY HELD FEBRUARY 21, 1995 A regular meeting of the Temecula City Council was called to order at 7:03 PM at the Main Conference Room, 3174 Business Park Drive, Temecula, California. Mayor Jeff Stone presiding. PRESENT: 5 COUNCILMEMBERS: Lindemans, Mu~oz, Parks, Roberrs, Stone ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. PLEDGE OF ALLE~-IANCE The audience was led in the flag salute by Mayor Pro Tom Lindemens. PUBLIC COMMENTS None given. CITY COUNCIL REPORTS None given. COUNCIL BUSINESS 1. Economic Develooment Work Prooram Assistant City Manager Mary Jane McLarney presented the staff report, outlining the City's economic development work program. She introduced Brian Collins, Executive Director of the Inland Empire Economic Partnership IEEP, who discussed the Inland Empire marketing program. Assistant City Manager McLarney addressed the Council regarding approval of an RFQ (Request for Qualifications) for Marketing Services. She explained this would basically be used to update the fact pack and target specific markets, coordinated with the Economic Development Corporation. She introduced Dennis Frank of the Temecula Valley Economic Development Corporation. Dennis Frank outlined the program of the Temecula Valley Economic Development Corporation, describing it as a public/private partnership. He explained efforts are being made to coordinate economic development efforts with IEEP (Inland Empire Economic Partnership,) the County EDC and the State of California. He explained that the task of the Temecula Valley EDC is to market Temecula to potential industrial/commercial developers. Councilmember Mufioz discussed the possibility of the Temecula Valley Economic Development Corporation sharing in profits gained by land owners or brokers in the form of a percentage of the sale. R:~eeende%0221H I Mayor Pro Tem Lindemans suggested the Temecule Valley Economic Development Corporation obtain a brokers license. City Manager Bradley questioned the legality of a non-profit organization holding a brokers license. Mr. Brian Collins cautioned the Council regarding the role of EDC and IEEP, explaining the value of these organizations is that they are neutral and are not competitive. Mayor Stone suggested that a City Councilmember be assigned as a member of the Fast Track Team for assisting businesses of over 25 people. Mayor Pro Tam Stone suggested that a staff member be assigned to research available grants. Assistant City Manager Mary Jane McLarney outlined loan programs and financial incentives, distributing a draft matrix that would provide a scoring system for prospective companies. Councilmember Mur~oz stated he does not approve of outright gifts or grants and voiced his objection to this being included as part of an on-going program. Mayor Pro Tam Lindemans concurred. Councilmember Parks stated he feels incentives need to be considered on an individual basis but that the City should not give up financial incentives as a tool. City Manager Bradley stated since there is an absence of Council policy, staff is Iookir~g for direction on what type of incentives the Council is willing to entertain. Mayor Stone suggested a Revenue Excess Sharing in Temecula (REST) program b~ implemented, where citizens receive a credit on their Community Services District fee. Councilmember Mur~oz suggested that citizens receive a check instead of a credit on their tax bill. He further stated he can support incentives if tied to this type of program. It was moved by Councilmember Parks, seconded by Mayor Pro Tam Lindemans to adopt the four guidelines contained in the staff report as the basis for establishing incentive guidelines, and adding a fifth guideline which would address multipliers and consideration of REST (Revenue Excess Sharing in Tamecula). The motion was unanimously carried. It was moved by Councilmember Parks, seconded by Mayor Pro Tam Lindemans to approve staff recommendation 1.2 as follows: 1.2 Approve an RFQ (Request for Qualifications) for Marketing Services. The motion was unanimously carried. Mayor Stone suggested the study of a Temecula Educational Apprenticeship Model Program (TEAM). He explained this program would work cooperatively with the Temecula Valley School District to provide apprenticeship/job training for high school credit. He described this as a graded effort for 1 lth and 12th grade students. He asked for the support of Council to allocate staff time to investigate this program. R:~4kgenda%022 i IS 2 City Manager Bradley stated this would take approximately 80 hours of staff time to develop. It was moved by Councilmember Parks, seconded by Councilmember Roberrs to approve 80 hours to staff time to develop the guidelines for a TEAM (Temecula Educational Apprenticeship Model) Program over a six to eight week period. The motion was unanimously carried. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT None given. ADJOURNMENT It was moved by Councilmember Parks, seconded by Councilmember Robarts to adjourn at 9:23 PM to a meeting on January 24, 1995, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Jeffrey E. Stone, Mayor ATTEST: June S. Greek, City Clerk R:%,~eenda~O221H MINUTES OF A THE TEMECULA CITY COUNCIL MEETING JOINTLY WITH THE TEMECULA PLANNING COMMISSION HELD FEBRUARY 27, 1995 A regular meeting of the Temecula City Council was called to order at 7:05 PM at the Main Conference Room, 43174 Business Park Drive, Temecula, California. Mayor Jeff Stone presiding. PRESENT 5 ABSENT: 0 PRESENT: 4 ABSENT: I COUNCILMEMBERS: COUNCILMEMBERS: COMMISSIONERS: COMMISSIONERS: Lindemans, Mur~oz, Parks, Roberrs, Stone None Blair, Slaven, Webster, Ford Fahey Also present were City Manager Ronald Bradley and City Clerk June S.' Greek. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Mulloz. PUBLIC COMMFNTS None given. CITY COUNCIL REPORTS None given. COMMISSION REPORTS None given. COUNCIL\COMMISSION BUSINESS 1. VillaQe Center Concept Workshop Director of Planning Gary Thornhill presented an overview of the Village Center Concept. Commissioner Linda Fahey arrived at 7:13 PM. Senior Planner John Meyer gave a presentation regarding the history and components of the Village Center Concept, along with how this is expected to evolve over the next few years. Councilmember Mufioz asked about the major areas of resistance. Director of Planning Thornhill stated the resistance is driven by needs of tenants, such as parking. Councilmember Mu~oz stated he feels an allowance in the general plan is needed for a hybrid of the Village Center Concept. Commissioner Linda Fahey stated the Commission is having the most difficulty determining priorities and what is most important to the Council. R:~enda%O22796 1 Chairman Steve Ford stated the challenge is to design for something that is livable now, but can adapt for 10, 30, 50 years in the future. Commissioner Billie Blair voiced her support of the Village Center Concept, using as examples, the Palomar Village Center with the Ice Cream Parlor and Tower Plaza with places for people to congregate and listen to music. Councilmember Parks stated each specific project needs to be individually evaluated and listed his priorities as walking areas, quad areas and a central parking location with access to individual stores by walkways. Mayor Stone voiced his support for the Village Center Concept stating his focus would be on pedestrian friendly, open plazas. Commissioner Billie Blair left the meeting at 8:17 PM. Planning Director Gary Thornhill requested direction regarding parking set asides in front of major retailer tenants. Councilmember Parks stated he believes the big box users need to be accommodated in order to gain concessions in other areas, and suggested softening parking with landscaping. Sam Morasco, San Diego, voiced his opinion on the importance of road systems, land massing that isn't necessarily rectangular and the use of water to beautify a project. Planning Director Thornhill stated that the City has made concessions regarding the field of parking in front of big box users to gain concessions on other portions of the site. Mayor Pro Tem Lindemans stated his priority would be width of sidewalks around the buildings and suggested developing a Guidelines Booklet for distribution. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT None given. R:~iende~022716 ADJOURNMENT It was moved by Councilmember Parks, seconded by Councilmember Roberrs to adjourn at 9:23 PM to a meeting on February 28, 1995, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Jeffrey E. Stone, Mayor ATTEST: June S. Greek, City Clerk R:%,AOende%022196 3 ITEM 3 RESOL~ON NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 'TEHECIH, A AfJ-0WING CERTAIN CIAIMS AND DEMANDS AS SET FORTH IN ~:xHsRIT A THE CITY COUNCIL OF THE CITY OF TI~iF_.CI,~LA DOES RESOLVE, DETERIvHNE 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 $838,672.56. Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 14th day of March, 1995. ATTEST: Jeffrey E. Stone, Mayor June S. Greek, City Clerk, CMC [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) 5S CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 95- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 14th day of March, 1995 by the following roll call vote: AYES: 0 NOES: 0 ABSENT: 0 COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMF~MBERS: None June S. Greek, City Clerk, CMC IIz$o$ 51 CITY OF TEMECULA LIST OF DEMANDS 02/23/95 TOTAL CHECK RUN: , 03/02/95 TOTAL CHECK RUN: 03/14/95 TOTAL CHECK RUN: 02/23/95 TOTAL PAYROLL: TOTAL LIST OF DEMANDS FOR 03114/95 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL 103 GAS TAX 12O 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 INSURANCE 310 VEHICLES 320 INFORMATIONS SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 380 RDA-DEBT SERVICE 390 TCSD DEBT SERVICE PAYROLL: 001 GENERAL 1 oo GAS TAX 165 RDA-LOW/MOD 190 TCSD 191 TCSD SERVICE LEVEL A 182 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 280 RDA-CIP 300 INSURANCE 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES TOTAL BY FUND: RONALD E. BRADLEY, CITY MANAGER $ 6~,879.37 44,667.39 612,621.18 111,504.62 $ 658,672.56 89,471.63 107,093.3~ 0.00 0.00 4,784.62 37,049.02 442.72 251.50 1,424.27 0.00 455,934.95 0.00 0.00 6,713.66 3,432.13 0.03 5,281.1 9 3,084.23 12,204.63 0.00 0.00 $ 727,167.94 68,418.03 14,773.62 654.93 19,441.6'2 472.33 557.80 1,338.64 364.35 264.28 1,469.03 288.71 1,981 111,504.62 338,672.56 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VOUCHRE2 OZIZ~I9~ 14:52 CITY OF TENECULA VaJCHER/CHECk: REGISTER FOR ALL PERI(X)S FUMD TITLE 001 GENERAL FUND 100 GAS TAX FUND 165 RDA DEV- LOI//NOD SET ASIDE 190 COMNUNZTY SERVXCES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 210 CAPITAL INPROVENENT PROJ FUND 280 REDEVELOPNENT AGENCy - CIP 300 INSURANCE FUND 320 INFORNATION SYSTENS 330 SUPPORT SERVICES 340 FACILITIES TOTAL ANOUNT 37,545.44 12,154.54 234.37 12,729.91 442.72 251.50 1,424.27 617.81 110.87 3,5/,8.61 98.11 6~1.~7 69,879.37 CITY OF TENECULA 14:52 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAG~ VOUCHER/ CHECK CHECK VEIQOR VENDOR /TEN ACCOUNT NLIIBER DATE NUIIER MANE DESCRXPTIOR NUIIER ITEN ANOUNT CHECK NK)UNT ~99 02/23/~5 000283 FIRSTAX (IRS) 000283 FEDERAL 001-2070 469499 02/23/~5 00028:$ FIRSTAX (IRS) 000283 FEDERAL 100-2070 4&W,99 02/Z~/~5 000283 FIRSTAX ([RS) 00028~ FEDERAL 165-2070 ~99 02/Z$/~5 00028~ F l RSTAX ( l RS ) 000283 FEDERAL 1 ~0- 2070 /,&~699 02/2~/~5 00028~ FIRSTAX (IRS) 000283 FEDERAL 191-2070 /,~99 02/2~/~5 000283 FIRSTAX (IRS) 000283 FEDERAL 192-2070 ~99 02/23/~5 000283 FIRSTAX (IRS) 000283 FEDERAL 1~3-2070 /,&~99 02/Z~/~5 000283 FIRSTAX (]RS) 00028:$ FEDERAL 280-2070 4694~ 02/23/~5 000283 FIRSTAX (]AS) 000283 FEDERAL .300-2070 4~499 02/23/~5 00028~ FIRSTN((IRS) 000285 FEDERAL 320-2070 A&9499 02/23/~5 000283 F I RSTAX ( ! AS) 00028~ FEDERAL ~ - 2070 46~499 02/23/~5 000283 FIRSTAX (IRS) 000283 FEDERAL 340-2070 469499 02/Z$/~5 00028~ FIRSTAX (IRS) 000283 NED]CARE 001-2070 ~99 02/2~/~5 00028~ FIRSTAX (IRS) 000283 HEDICARE 100-2070 4694~9 02/23/~5 00028~ F [ RSTAX ( I RS ) 000283 NED I CARE 165 -2070 469499 02/23/~5 00028~ FIRSTAX (IRS) 000283 NED]CARE 1~0-2070 469499 02/23/~5 00028~ FIRSTAX (IRS) 000283 HEDICARE 191-2070 46~499 02/2J/~5 00028~ FIRSTAX (IRS) 000283 MEDICARE 192-2070 469499 02/23/~5 000283 FIRSTAX (IRS) 000283 NEDICARE 1~-2070 4&W,99 02/2~/~5 00028~ FIRSTAX (IRS) 000283 NEDICARE 280-2070 46W,99 02/2~/~5 00028~ F I RSTAX ( I RS ) 00028~ NED I CARE 300 - 2070 ~ 02/23/~5 000285 FIRSTAX (IRS) 000283 NEDICARE 320-2070 4 02/23/95 OD028~ FIRSTAX ([RS) 000283 HEDICARE 330-2070 /,~..~ 02/2~/~5 00028~ FIRSTAX (IRS) 00028~ HEDICARE ~40-2070 10,0~1.26 2,225.28 8~.27 2,4~0.31 59.19 213.80 21.30 26~.~0 118.~ 2,522.28 526.72 ~7.50 17.~ 20.76 ~.10 11.56 8.67 57.~ 9.~ ~ .32 19,619:12 999999 02/23/95 O00~z~ FIRSTAX (EDD) OOCK-~ SDI 001-2070 ,999999,,, 02/23/95 0004A4 FIRSTAX (EDD) O00AZ~ SDI 100-2070 ~ 02/23/~5 0004~4 FIRSTAX (EDD) O00~-~ SOl 190-2070 ~ 02/23/95 00(:)~ FIRSTAX (EDD) 00()~ STATE 001-2070 ~ 02/2~/~5 0004~4 FIRSTAX (EDD) 000~/;/~ STATE 100-2070 ~ 02/2~/95 0004~ FIRSTAX (EDD) OOC~ STATE 165-2070 ~ 02/23/95 000/~ FIRSTAX (EDD) OOCJ~-z~ STATE 190-2070 9999~ 02/23/95 O0(:),E~4~ F/RSTAX (EDD) O00/:z.-': STATE 191-2070 ~ 02/23/95 O00&~ FIRSTAX (EDD) 000/:~z. STATE 192-2070 ~ 02/23/~5 0013~4 FIRSTAX (EDD) 000/.-/.-z. STATE 193-2070 ~ 02/23/~5 000/~4 FIRSTAX (EDD) 000/:/:/: STATE 280-2070 999999 02/23/95 000~ FIRSTAX (EDD) 000/:/:/: STATE 300-2070 999999 02/23/95 000444 FIRSTAX (EDD) OOO/:/:/: STATE 320-2070 999999 02/23/95 000/~4 FIRSTAX (EDD) 000/:/:/: STATE 330-2070 ~ 02/23/95 000/~4 FIRSTAX (EDD) OOL~:/:~ STATE :~0-2070 40.48 10.69 31.07 2,63~.86 572.29 19.60 535.66 16.76 7.38 45.86 8.12 7.33 3.01 13.64 22413 02/23/95 000724 A & R CUSTOM SCREEN PRI SPORTS PROGRAMS AMANDS 190-183-999-5M0 758.59 758.59 - 22414 021231955 ATLANTIC RICHFIELD COHP GRADING BOND RELEASE tqJ)~-OW, 001-2670 1,500. O0 1,500,00 22415 02/23/95 000679 BOGRAPHI~ PRINTING PLU BUSINESS CARDS-R. RORERTS 001-100-999-5220 22415 02/23/95 000679 BOGRAPHICS PRINTING PLU BUSINESS CARDS-JEFFREY STONE 001-100-999-5220 22415 02/23/95 000679 BOGRAPNICS PRINTING PLU TAX 001-100-999-5220 22415 02/23/95 000679 BOGRAPHICS PRINTING PLU BUSINESS CARDS:K. LINDENANS 001-100-999-5220 ~ 02/23/95 000679 BOGRAPHiCS PRINTING PLU TAX 001-100-999-5220 205.91 VOUCHRE2 02/23/95 VDIJCHER/ CHECK NtNBER 22416 22417 22418 22418 22619 22420 22420 22420 22420 22420 22420 22420 22421 22422 22422 22423 22424 22424 22425 22426 22426 22427 22427 22427 22428 22428 22429 22429 22429 22430 22430 22430 22430 22430 22431 14:52 CHECK DATE 02123195 02/23/95 02/23/95 02/23/95 02/23/95 02123195 02123195 02/23/95 02/23/95 02/2~/95 02/23/95 02/23/95 02/23/95 02/23/95 02/23/95 02/23/95 02/2~/95 02/23/95 02/23/95 02/23/95 02/23/95 02/2~/95 02/23/95 02/23/95 02/23/95 02/23/95 02123/95 02/23/95 02/23/95 02/2J/95 02/23/95 02/23/95 02/23/95 02/23/95 02123195 mE'R 001089 1)00127 000127 000130 OO0135 000135 OOO135 000135 000135 000135 000135 001555 000155 000155 00167'3 001669 001669 001380 001002 001002 000648 000648 0006/,8 000184 000184 000177 000177 000177 000178 000178 000178 000178 000178 001609 BRANCH'HAERTLE, KANDIS CALIFORNIA DEBT ADVISOR .CALIFORNIAN, INC. -LEGA CALIFORNIAN, INC. 'LEGA CANYON REPROGRAPHICS CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN CENTRAL CITIES SIGN CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN SER CHRISTOPHERSON FIRE PRO DAVLIN DAVL]N DIVERSIFIED TEMPORARY S DUNN EDgARDS CORPORATIO DUNN EDtJARDS CORPORATIO E S I EMPLOYMENT SERVIC FIRST INTERSTATE BANK C FIRST INTERSTATE BANK C GEOS GEOS GEOS G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM GLENNIES OFFICE PRODUCT GLENNIES OFFICE PROIMJCT GLENNIES OFFICE PRODUCT GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO GREATER ALARM COMPANY, CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERI00S ITEM DESCEIPTIGN REFUND FOR TCSO CLASS WCSHP:DEBT FINAIICING:T.NCDERNO NOTICE OF PUBLIC.NEARINGS NOTICE OF PUBLIC HEARINGS ENLARGEMENT FOR COUNCIL PRESEN DURA BASE POST DURA BASE POST TAX PALA RD CONSTRUCTION SIGNs TAX OVERLAY SIGN TAX CRC 6 MONTHS NAINT ON FIRE SYS PLANNING COIN TAPING 2/6/95 TAPING OF 2/14 COUNCIL MEETING TEMP HELP g/E 2/5 FRITCHEY GRAFFIT! RECYCLED PAINT TAX M BURNELL PROF SERVICES APR-JU 34T3 ~ 0391 0081 RR 5473 6(~4 0391 0032 MJM PRKVIEW FIRE STATION BLUEPRINT PRKVIEW FIRE STATION BLUEPRINT PRKVIEW FIRE STATION BLUEPRINT 909 694-1993 GEM 909 699-8652 GEM CASH REGISTER:8 DEPT FUNCITIOR TAX MISC OFFICE SUPPLIES/FINANCE 1.~, TEAC DRIVE HARD DRIVE IDE MOTHERBOARD DX2-66 OK FREIGHT TAX ALARM MONITORING t CITY HALL ACCOUNT NLllER 190-183-4982 001 - 140-999-5261 O01 - 161 - 999 -5256 001 - 120-999-5256 190-180-999-5268 100-164 -601-524~ 100-164-601-5244 100-164-601-5244 100-164-601-52/~. 100-164-601-52~4 100-164-601-52~ 100-164-601-52~ 190-182-999-5250 001 - 161-999-5250 O01 - 100- 999-5230 001-161-999-5118 100-164-601-5218 100-164-601-5218 001-162-999-5250 001-100-999-5258 001-110-999-5260 210-190-626-5802 210-190-626-5802 210-190-626-5802 320-199-999-5208 320-199-999-5208 190-180-999-5220 190-180-999-5220 001-160-999-5220 320-199-999-5215 320-199-999-5215 320-199-999-5215 320-199-999-5215 320-199-999-5215 340-199-999-5250 ITEM AMOUNT 65.00 125.00 14.55 30.00 400. O0 33.33 115.00 8.91 33.75 1.86 72.00 153.34 780.00 100.00 7.75 1,518.33 1,012.25 20.24 19.88 24.73 17.78 1,115.86 32.30 495.OO 38.36 59.09 111.00 ~0.00 290.00 15.00 65.18 35.00 125.00 211.80 14.55 612.~ 72.00 853 107.75 1,518.33 1,032.49 62.39 1,148.16 592.45 921.18 VOUCHER/ CHECK NUMBER 22432 22433 2243~ 22434 2243~ 224:~ 2243~ 22635 22~3~ 22~37 22~38 22~39 22~1 22~2 22~2 22~3 22~ 22~5 22~& 22~& 22~7 22~8 22~8 22~9 22~9 2~ 2' 14:52 CHECK DATE 02/23/95 02/23/95 02123195 02123195 02/23/95 02/23/95 02/2)/95 02123195 02/23/95 02/23/95 02/23/95 02/23/95 02/23/95 02123195 02/23/95 02/23/95 02/23/95 02/23/95 02123195 02/23/95 02/23/95 02/23/95 02/23/95 02/23/95 02/23/95 02/23/95 02/23/95 02/23/95 02/23/95 02/23/95 02123195 02/23/95 02123195 32123195 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR I/ENDOR ITEM ACCOUNT ITEM liLIMBER ~ DESCRIPTIOM NUMBER fT 001158 HOLIDAY INN HOTEL ACC(INODATIONS HOLLINGSHORTH, KAREN REFUND FOR TC$O CLASS 0001;4 I c M A RETIREMENT TRUS 0001;4 DEF COI4P 000196 I C M A RETIREMENT TRUS 0001;4 DEF CORP 0001;4 I C M A RETIRERENT TRUS 000194 DEF COMP 0001;4 I C M A RETIRERENT TRUS 000196 DEF COHP 0001;4 I C M A RETIREMENT TRUS 000196 DEF COMP 0001;4 I C N A RETIRERENT TRUS 0001;4 DEF CONP 0001;4 I C N A RETIRElENT TITUS 000196 DEF COMP 001377 INLAND EMPIRE NANAGER'S ;4/~5 DUES 001407 INTER VALLEY POOL SUPPL HIS( POOL SIJPPLIES KIMBALL, SANDleA REFUND FOR TCSD CLASS 000206 KINKO'S OF RIVERSIDE, I STATIONERY PAPER KNIGHT, KARL REFUND SECUR]TY DEPOSIT 00020~ L & M FERTILIZER, INC. HIS( NAINT PANTS FOR TCSD 00153~ LA MASTERS OF FINE TRAV R.RORERTS FLT TO SAN JOSE 3/1 0011~ LEAGUE OF CAL. CITIES - HOTEL RESERVATIONS FOR 3/22-26 0011~ LEAGUE OF CAL. CITIES - HOTEL RESERVATIONS FOR 3/22-26 001513 LIBERTY AUTO CENTER TCSD VEHICLES REPAIRS & PAINT 001865 M C I TELECOHI4UNICATIUN YO21f'526 GEM MCDONALD, LINDA REFUND FOR TCSD CLASS 000883 000883 000883 000883 000883 IqC)NTELEONE EXCAVATING MONTELEONE EXCAVATING NONTELEORE EXCAVATING MONTELEORE EXCAVATING MONTELEONE EXCAVATING TRASH PUMP RENTAL FOR 3 DAYS REMOVAL OF SILT AND DEBRIS ERERG. RD GRADING FOR LIEFER R REMOVAL OF SILT AND DEBRIS REMOVAL OF SILT & DEBRIS 000240 ORANGE COUNTY STRIPING PAINT NUHBERS FOR MATER LEVEL 000241 ORANGE SPORTING GOODS, 18 DZ SOFTBALLS-WHITE 000261 ORANGE SPORTING GOOOS, FREIGHT 000261 ORANGE SPORTING GOOOS, TAX 0002/,6 PERS (EMPLOYEES' RETIRE 000266 PER REDE 000246 PERS (EMPLOYEES' RETIRE 000266 PERS RET 000266 PERS (EMPLOYEES' RETIRE 000246,6 PERS RET 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 1~0-180-~-5258 190-183-4982 001-2080 100-2080 190-2080 191-2080 192-2080 195-2080 340-2080 001-110-f9~-5226 190-182-~9~-5212 190-183-6982 190-180-999-5220 1~.,X)-180-~9~-5262 001-100-999-5258 001-161-~99-5258 001-161-~-5272 190-180-99~-5214 320-1~-~-5208 190-183-4982 100-1(~.-601-5238 100-164-&01-5601 100-164-601-5602 100-166-601-5401 100-1(~.-601-5601 100-166-&01-5401 190-183-999-5380 190-183-99~-5380 190-183-999-5380 001-2130 001-2390 100-23~0 165-2390 1,287.00 42.00 963.65 675.98 65.51 75.00 80.O6 22.5O 3;4.15 100,00 19.36 119.00 lOO.O0 500.00 21.03 5O7.34 225.00 670.00 768.00 1,680.00 1,320.00 765.00 711.00 18.54 55,10 43.06 11,686.16 2,304.13 108.84 PAGE 3 CHECK AIIX~T 1 ,UT.oo 42.00 ,9"Z9.14 20.00 26.00 86.95 100.00 19;36 119.00 600.00 21.03 507.34 ~.~ 4,463.00 765.00 VOUCHRE2 02123195 VO~JCHER/ CHECK NUMBER 22;,49 22449 22/,49 22449 22~.9 22/,49 22~,9 22~,9 22~9 224/,9 22449 ~9 ~9 22~9 22~9 22~9 22~9 22~9 22~9 22~9 22450 22451 22451 22451 22452 22453 22453 22453 22454 22454 22455 22455 22456 22457 22458 22459 22460 22461 14:52 CHECK DATE 02/23/95 02123195 02123195 02123195 02123195 02123195 02123195 02/23/95 02123195 02123195 02/23/95 02123195 02123195 02/23/95 02123195 02123195 02/23/95 02/23/95 02123195 02123195 02/23/95 02123195 02/23/95 02/23/95 02/23/95 02/23/95 02/23/95 02/23/95 02/23/95 02/23/g5 02/23/95 02/23/95 02/23/95 02/23/95 02/23/95 02/23/95 02/23/95 02/23/95 02/23/~5 /R 00024,6 0002/,6 0002~ 0002~ 0002/,6 0002/~ 0002~ 000246 0002/,6 0002~ 0002/,6 0002/,6 0002~ 000246 0002/,6 000246 000246 000246 000246 000246 000246 000580 000253 000253 000253 000255 000947 000947 000947 000262 000262 000537 000537 001212 00O375 000291 001633 PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PENS (EMPLOYEES' RETIRE PENS CEIeLOYEES' RETIRE PENS (EMPLOYEES' RETIRE PENS (EHPLOYEES' RETIRE PENS (EMPLOYEES' RETIRE PENS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PENS (EMPLOYEES' RETIRE PENS (EHPLOYEES' RETIRE PENS (EIFLOYEES' RETIRE PENS (BFLOYEES' RETIRE PERS (EHPLOYRES' RETIRE PENS (EMPLOYEES' RETIRE PENS (EHPLOYEES' RETIRE PENS (EMPLOYEES' RETIRE PENS (EMPLOYEES' RETIRE PENS (EMPLOYEES' RETIRE PENS (EMPLOYEES' RETIRE PHOTO WORKS POSTMASTER POSTMASTER POSTMASTER PRO LOCK & KEY RANCHO BELL BLUEPRINT C RANCHO BELL BLUEPRINT C RANCHO BELL BLUEPRINT C RANCHO CALIFORNIA k~kTER RANCHO CALIFORNIA ~ATER SOUTHERN CALIF BISON - SOUTHERN CALZF EDISON - SOUTHERN CAL[F GAS COMP SOUTHERN CALIF TELEPHOR SPEE DEE OIL CHANGE & T TEMECULA PLAY & LEARN S TEMECULA VALLEY ECONON[ TEMECULA VLLY SOCCER CL CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS [TEN DESCRIPTION 0002/,6 PENS NET 000246 PERS NET 0002A6 PERS RET 0002/,6 PERS NET 000246 PENS NET 0002~6 PENS NET 0002/,6 PENS NET 0002~6 PENS NET 000246 PENS NET 0002~6 StJRVIVOR 0002~6 SURVIVOR 0002~6 SURVIVOR 0002~6 SURVIVOR 0002~6 SURVIVOR 0002~6 SURVIVOR 0002/,6 SURVIVOR 000246 S~IRVIVOR 0002~6 SURVIVOR 0002/,6 SURVIVOR 0002~6 SURVIVOR 0002~6 SlJRVIV0~ FILM AND SLIDE DEVELOPMENT EXPRESS NAIL EXPRESS NAIL EXPRESS NAIL LOCKSMITH SERVICES COPIES OF BLUEPRINTS BLUEPRINT REPRODUCTION FOR I,AN BLUEPR]NT REPRODUCTION HATER SERVICE 12/27 - 1/25/95 WATER SERVICE 12/27 - 1/25/~5 59-T/'-416-2147-01 1/12-2/9/95 66-T/-7~5-0002-01 12/21-1/20 07-8274-036-1451-3 1/10-2/9/95 ~0~ 2024752 SN REPAIR & NAINT OF B&S VEHICLES REFUND SECURITY DEPOSIT EDC QTLY LUNCHEOR 312 RB & MJM REFUND KEY DEPOSIT ACCOUNT NUMBER 190-2390 191-2390 192-2390 193-2390 280-2390 300-2390 320-2:590 330-2390 , 191 1~2-2390 1~-2390 280-2390 300-2390 320-2390 330-2390 3~0 - 2390 lf~)-180-~-5301 001-120-~-5230 001-161-999-5230 001-140-~-5230 190-180-~-5212 001-161-~9-5224 001-163-~-5268 210-165-625-5802 190-180-~-5240 193-180-~-5240 191-180-~-5240 191-180-~-5319 190-181-~-5240 1~)-180-~-5208 001-162-~-5214 190-2~)0 001-110-~-5258 ITEM NI31JNT 2,872.17 89.91 88.24 319.45 61.17 37.42 268.21 49.89 301.05 47.39 10.78 12.51 .42 1.~, .19 .23 2.00 28.71 47.40 51.50 10.75 32.33 38.52 18.W> 56.89 191.32 699.56 15.40 187.54 71.39 87.51 23.42 100.00 50.00 40.00 CHE(3( N4OUMT 18,307.80 ; 109.65 32.33 114.37 890.88 202.~ 71.39 87.51 23.42 100.00 50.00 VOUCHER/ CHECK NI.NBER 22463 22/,64 14:52 CHECK DATE 021Z$195 02/23/~5 02/2~/~5 VENDOR NtJIqBER 000320 000826 VENDOR NH TiE CENTER STATIONERS TRAVEL TRUST TURNER, TRAV]S CITY OF TENECULA VOUCHER/CNECK REGISTER FOR ALL PERICOS ]TEN DESOR]PT]ON OFFICE SlJPPL]ES FOR Pg CPRS CORF: J. STORE: SAN JOSE REFUNDSECURITY-DEPOSIT 22465 02/Z~/95 001065 U S C N/PEBSCO (DEF. C 001065 DEF CONP 22465 02/23/95 0010~5 U S C N/PEBSCO (DEF. C 001065 DEF ~ 22465 02/23/95 001065 U S C N/PEBSCO (DEF. C 001065 DEF COle 22465 02/23/95 001065 U S C N/PEBSCO (DEF. C 001065 DEF ~ 22465 02/23/95 001065 U S C N/PEBSCO (DEF. C 001065 DEF CO~P 22465 02/23/95 001065 U S C H/PEBSCO (DEF. C 001065 DEF COFIP 22466 02/23/95 000389 U S C H/PEBSCO (OBRA) 000389 PT RETIR 22466 02/23/95 000389 U S C H/PEBSCO COBRA) 000389 PT RETIR 22466 02/23/95 000389 U S C N/PEBSCO (ORRA) 000389 PT RETIR 22467 22467 22467 22467 22468 22468 22468 22469 000325 000325 000325 000325 000326 000326 000326 000326 000326 000539 000346 22470 22471 22472 02/23/95 02/23/95 02/23/95 02/23/95 UNITED HAY OF THE/NLAN 000325 IN UNITED gAY OF THE ]NLAN 000325 IN UNITED WAY OF THE INLAN 000325 IN UNITED WAY OF THE ]NLAN 000325 IN UNITOG RENTAL SERVICE, UNZTOG RENTAL SERVICE, UNZTO6 RENTAL SERVICE, UNITIX] RENTAL SERVICE, UNITOG RENTAL SERVICE, WIMMER YANADA ASSOCIATE W/NDSONG HARMONY CHORUS HR]GHT, GRETCHEN YATES, GRANT 02/23/95 02/23/95 02/23/95 02/23/95 02/23/95 02/2)/95 02/23/95 02/23/95 02/23/95 UNIFORIqS RAINT FOR Pg UNIFORHRAINT. FOR TCSD FLOOR HATS RENTAL i CITY HALL FLOOR HATS RENTAL I CRC FLOOR HATS RENTAL i SR CNTR FIELD SURVEY FOR DEC 9~ REFUND SECURITY DEPOSIT REFUND FOB TCSO CLASS SUPPLIES FOB STATE OF THE CITY ACCOUNT NU!iER 100-16~-604-5220 001 - 100-999-5258 190-2900 001-2080 100-2080 190-2080 300-2080 320-2080 340-2080 001-2160 100-2160 190-2160 001-2120 100-2120 190-2120 280-2120 100-164-601-5243 190-180-999-5243 340-199-999-5250 190-182-999-5250 190-181-999-5250 210-190-120-5802 190-2900 190-183-4982 001-150-999-5265 I TEN AMOUNT 81 1/,4.00 100.00 2,110.73 132.2] 271.50 5.00 312.50 50.00 303.60 80.20 239.28 59.35 10.05 17.00 .60 25.66 16.85 34.50 46.64 16.75 498.53 100.00 65.00 82.13 PAGE CHECK :81.29 1~.00 100.00 2,881 62].08 87.00 140.20 498.53 100.00 65.00 82.13 TOTAL CHECKS 69,879.37 VOIJCHRE2 03/02/~5 14:05 CiTY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERiI:X)S FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 190 COHHUNITY SERVICES DISTRICT 210 CAPITAL IMPROVEHENT PROJ FUND 320 INFORRATION SYSTENS 330 SUPPORT SERVICES :~0 FACILITIES TOTAL AIIOUNT 7,764.83 5,556.40 14,3Z,5.92 718.38 1,732.58 2,986.12 11,563.16 4~,667.39 vol/Fu~E2 VOUCHER/ CHECK NUMBER 22473 22477 22477 22478 22479 22480 22480 22~80 22480 22~80 22480 22481 22482 22482 22482 2248~ 22484 22484 22485 22486 22487 22488 22489 22490 22490 22490 22490 22491 22491 22491 22491 14:05 CHECK DATE 02/27/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/~5 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/~5 03/02/95 03/02/95 03/02/~5 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 VENOOR IIIBER 000724 000724 001674 000112 000101 000101 000101 000101 000101 000101 000427 000122 000122 000122 000122 000122 000622 000679 000679 001439 0008~9 001054 000126 000398 000135 000135 000135 000135 0001)6 000136 0001:56 000136 000137 000137 CITY OF TEMECtJLA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR MANE INSTITUTE OF TRANSPORTA A & R LUSTOIl SCREEN PRI A '& R CUSTOH SCREEN PRI ADKINS, RORERT STEVEN AMERICAN PLANNING ASS(X: APPLE ORE, INC. APPLE ORE, INC. APPLE ONE, INC. APPLE ORE, INC. APPLE ONE, INC. APPLE ONE, INC. ARTESIA IMPLEMENT, INC. B S i SPORTS B S N SPORTS B S N SPORTS B S N SPORTS B S N SPORTS BANTA ELECTRIC-REFRIGER BOGRAPHICS PRINTING PLU BOGRAPHICS PRINTING PLU BRYAN~'S DOG TRAINING CELSOC CALIFORNIA BUILDING OFF ITEM DESCR l PT CERT PROG LEVEL 1: LAUBER SPORTS PROGRN4S AMARDS SPORTS PROGRN4S AI/ARDS TCSO INSTRUCTOR EARNINGS ADVISORY SERV]CE FEE TEMP HELP WE 1/21 ELKAS TEMP HELP WE 1/28 KLLIKAS TEMP HELPWE 2/4 KLUKAS TEMP HELP M/E 2/11KLUr,.AS TEMP HELP M/E 2/18 KLLIKAS TEI4P HELP M/E 2/18 POMELL REPAIR & MAINT TCSD TRACTOR BASKETBALL SCOREBOOKS VOLLEYBALL SCOREBOOKS PENNART STREAMERS FREIGHT TAX REPAZRS AT CITY YARD MEMO FORM PAPER TAX TCSD INSTRUCTON EARNINGS STATE LAMS GUIDELINES CONF: CALBO ANNUAL T.ELMO CALIFORNIA LANDSCAPE HA EXTRA MORK i NEIGHBORHO00 PItKS CALIFORNIA MUNICIPAL DUES FOR APR 95-HAR 96 CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN $ER CENTHAL CITIES SIGN SER CENTHAL CITIES SIGN SER SIGN SUPPLIES P.M. DEPT. TAX SIGN SUPPLIES P.M. DEPT. TAX CHESHERS' CUSTOM EMBROI CHESHERS' CUSTOM ENBROI CHESHERS' CUSTaq ENBROI CHESHERS' LUSTCN ENBROI STAFF UNIFORM JACKETS STAFF UNIFORM JACKETS STAFF UNIFORM JACKETS TAX CHEVRON U S A INC. CHEVRON U S A INC. FUEL EXPENSE FUEL EXPENSE ACCOUNT NLllER 100-164-602-5261 1~0-183-~-5380 190-183-999-5~80 1~0-183-~;~-5330 001-161-999-5226 001-140-999-5118 001-140-999-5118 001-140-999-5118 001-140-999-5118 001-140-999-5118 190-180-999-5118 190-180-999-5214 190-180-999-5301 190-180-999-5301 190-180-999-5301 190-180-999-5301 190-180-999-5301 100-16~-601-5250 190-180-999-5220 190-180-999-5220 1~0-183-~-5330 100-164-604-5228 001-162-999-5258 190-182-999-5415 001-140-999-5226 100-164-601-524~ 100-164-601-5244 100-16~-601-5244 100-164-601-52/~ 190-180-999-5243 190-180-999-5243 190-180-999-5243 190-180-999-5243 001-170-999-5262 001-163-999-5263 ITEM N4OIJNT 200. O0 328.25 317.17 91.20 :530.00 412.80 496.65 516.00 516.00 412.80 144.48 128.04 ,t~...25 39.00 102.50 20.4) 14.40 123.71 15.95 1.24 472.00 ~ .32 295. O0 47.00 73.00 64,8.90 50.29 141.10 10.9/, 3~.00 120.00 228.00 57.8~ 80.85 9.78 PAGE 1 CHECK AMOUNT 200.00 645.42 91.20 330. O0 2,498.73 128.04 220.58 123.71 17.19 472. O0 63.32 295.00 47.00 73.00 851.23 804.89 90,63 VOUCHRE2 03/02/95 14.:05 VOUCHER/ CHECK CHECK NUNBER DATE 224.9*.5 03/02195 224.93 03/02/95 224.94. 03/02/95 224.95 03102195 224.96 03/02/95 224.97 03/02/95 224.98 03/02/95 224.99 03/02/95 22500 03/02/95 22501 03/02/95 22502 03/02/95 22503 03/02/95 2250~ 03/02/95 2250~ 03/02/95 22505 03/02/95 22506 03/02/95 22507 03/02/95 22508 03/02/95 22509 03/02/95 22510 03/02/95 22511 03/02/95 22512 03/02/95 22513 03/02/95 22514. 03/02/95 22515* 03/02/95 22516 03/02/95 22517 03/02/95 CITY OF TENEClJLA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR VENDOR IIIER NANE 000138 CITICORP NORTH NiERICA 000138 CITICORP NORTH AMERICA 000912 CITY CLERKS ASSOC, OF C 0004~7 COIqTRONIX OF HENET 0014.:34 COUCH, COLETTE 001535 CREEgSIDE TEXACO, ]NC. 001873 CROBARGER, RICHARD 001542 DEFABIIS, SEAN-PAUL MIC 001673 DIVERSIFIED TEMPORARY S 000165 FEDERAL EXPRESS, INC. 000803 FLAGHOUSE, INC. 000184 G T E CALIFORNIA - PAYM 000177 GLENNIES OFFICE PROOUCT 000177 GLENNIES OFFICE PRODUCT GLIDERSPORT INTERRATION 000178 001869 GONZALEZ, CATHY 000175 GOVERNBENT FINANC]AL OF 001697 HALL, NANCY LEE 000366 HARRINGTON, K~VIN 000806 HOUARD, BOBBY 000695 INSTITUTE OF TRANSPORTA 000202 J F DAV]D$DN A550CIATE$ 001871 JONES, DEE 000886 KHALSA, ATNA KAUR KN/EPKANP, KINBERLY 001282 KNDRR POOL SYSTEMS, ITEM DESCRIPTION LEASE PNT ON TELEPHONES LEASE Ptrr ON TELEPHONES ANNUAL COtIF, J, GREEK 4./26-28 BATTERY FOR HAND HELD RADIO TCSD INSTRUCTOR EARNINGS VEHICLE NAINT, P.U. DEPT. TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TEHP HELP HIE 2/19 FRITCHEY EXPRESS NAIL SERVICE 5 DELUXE CHESS SETS 909699-24.75 GEN OFFICE SUPPLIES FOR E.O.C. OFFICE SUPPLIES/TCSD REFUND SECURITY DEPOSIT COLDEN STATE TRADING CO NISC COMPUTER SUPPLIES PNT FOR TCSD INSTRUCTOR GAAFE REVIEH NAY 95-APR 96 TCSD INSTRUCTON EARNINGS VORKBCOTS REZHBURSNENT TCSD INSTRUCTON EARNINGS RENAINING BALANCE DUE DESIGN RANCHO SPTS PRK JAN 95 TCSD ]NSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS REFUND FOR TCSD CLASS HISC POOL SUPPLIES i CRC ACCOUNT NUHBER 320-199-999-5391 320 - 2800 001-120-999-5258 100-164-601-5242 190-183-999-5330 100-16~-601-5214 190-183-999-5330 190-183-999-5330 001-161-999-5118 001-162=999-5;Z$0 190-180-999-5:501 100-164-601-5208 001-110-999-524.,2 190-180-999-5220 190-2900 320 - 199-999- 5221 190-183-999-5330 001 - 140 - 999- 5228 190-18~-999-5330 190-180-999-524.3 190-183-999-5330 100-164-604,-5228 210-190-137-5802 190-183-999-5330 190-183-999-5330 190-18:5-4.992 190-182-999-5212 ITEM ANOUNT 172.92 1,254..65 225.00 161.63 ~,8.00 476.00 1,408.00 722.4.0 20.23 171,89 45,89 129.01 5.13 100.00 305.01 224.00 50.00 72.00 95. O0 560. O0 16.00 512.38 537.60 3.00 36.91 CHECK 1, ~,27,57 225.00 161.63 4,4,8,00 1,4,08.00 722.40 20.23 171.89 136.14 100.00 305.01 224..00 50.00 5&O.0Q 16.OD 512,38 537.60 3.QQ ~2 07 ~ 14:05 CITY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL PERZOOS PAGE 3 VOUCHER/ CHECK NUMBER 22518 22518 22519 22520 22521 22522 22523 22524 22525 22526 22527 22527 22528 22529 22530 22530 22530 22531 22531 22531 22531 22531 22531 22531 22531 22531 22531 22531 22531 22532 22532 22532 CHECK DATE 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03102195 03/02/95 03/02/95 03/02/~5 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03102195 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 000209 00020~ 000214 001/~40 001870 001868 001438 001007 001584. 000239 000239 000239 000239 001171 001243 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000580 000580 000580 L & N FERTILIZER, INC. L & M FERTILIZER, INC. LUNCH & STUFF CATERING M.S.A. HATROS, ALORA MENK, HELGA MIYAMOTO, SUSAN 1401~REY, JODI NPGCORP. NEka}ORT PRINTING SYSTEM OLSTEN STAFFING SERVICE OLSTEN STAFFING SERVICE OLSTEN STAFFING SERVICE OLSTEN STAFFING SERVICE ORIENTAL TRADING CO., I PALMGUIST, Ke, RY PELEHER, CORIE PELEHER, CORIE PELEHER, CORIE PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PHOTO i~ORKS PHOTO HORKS PHOTO MORKS PINTO, DEBORAH ITEM DESCRIPTIC)N MISC. MAINTENANCE SUPPLIES MISC. MAINTENANCE SUPPLIES CITY COUNCIL MEETING 2128195 gKSHP: PROMOTIONAL OPPORTUNITI TCSD INSTRUCTOR EARNINGS PKr FOR TCSD INSTRUCTOR PMT FOR TCSD INSTRUCTOR TCSD INSTRUCTOR EARNINGS EMERGENCY UORK ON YNEZ ROAD ADDITIONAL CAFR PRINTING CHARG TEMP HELP WE 12/18 GRAGE TEMP HELP W/E 1/29/95 GRAGE TENIP HELP WE 1/22 GRAGE TEHP HELP VIE 2/5 GRAGE SUPPLIES FOR TINY TOTS CLASSES TCSD INSTRUCTOR EARNINGS REFUND FOR TCSD CLASS REFUND FOR TCSD CLASS REFUND FOR TCSD CLASS PETTY CASH REIMB. PETTY CASH REIMB. PETTY CASH REINB. PETTY CASH REIMB. PETTY CASH RE]ME. PETTY CASH RE]fiB. PETTY CASH RE]RE. PETTY CASH REIMB, PETTY CASH RE[fiB. PETTY CASH RE[ME. PETTY CASH REIRE- PETTY CASH RE]MB. FILM AND FILM DEVELOPING FILM AND FILM DEVELOPING FILM AND SLIDE DEVELOPMENT REFUND FOR TCSD CLASS ACCOUNT NUHBER 100-1~4-601-5218 100-164-601-5218 001-100-999-5260 100-164-601-5261 190-183-999-5330 190-183-999-5330 190-183-999-5330 1~0-183-999-5330 100-164-601-5402 001 - 140-999-5222 001-162-999-5118 001-162-~-5118 001-162-99~-5118 001-162-~-5118 190-183-FR-53ZO 1~0-183-999-5330 190 - 183 - 4992 1~0-183-4~2 19O- 183-4992 001-100-999-52N) 001-161-;-5260 100-164-604-5220 100-164-60/,-5222 001-150-~9-5265 001-163-~R-5261 1~0-180-;-5260 100-164-601-5260 001-161-999-5220 001-163-~9-5220 190-181-999-5301 190-180-~9-5220 190-180-999-5301 190-180-999-5301 190-180-999-5301 ITE!e 12.~0 124.33 80.00 30.00 733.60 AS.00 224.00 320.00 2,754.00 315.62 374.40 468.00 374.40 453.38 197.90 352.8O 3.00 1.00 1.00 4.27 30.00 16.59 4.31 63.16 28.42 35.15 15.00 13.89 11.77 66.17 47.82 9.03 6.60 24.00 CHECK AleGUIlT 30.00 48.00' 224.00 320.00 2,754.00 315.62 1,670..18 197.90 352.80 336.55 106.01 24.00 VOUCHRE2 PAq~ 03/02/95 14:05 .. VOUCHER/ CHECK NtNBER 22534 2253~ 22535 22535 22535 22536 22537 22537 22538 22539 22540 22541 22542 22543 22543 22543 22543 22543 22543 225Z~ 22545 22546 22547 22548 22549 22549 22549 22550 22551 22551 22551 22552 CHECK DATE 03/02/95 03/02/95 03/02/95 03/02/95 0~/02/95 C33/02/95 03/02/95 G$/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03~02~95 03/02/95 03102195 03/02/95 03102195 03/02/95 03102195 000255 PRO LOCK & KEY 000255 PRO LOCK & KEY 000255 PRO LOCK & KEY 001015 001015 001015 000795 PROGRAMMED FOG SUCCESS, PROGRAINED FOG SUCCESS, PROGRNI4ED FOG SUCCESS, PRYOR RESOURCES, INC. 000947 RANCHO BELL BLUEPRINT C 000947 RANCHO BELL BLUEPRINT C 000262 000426 001680 000271 000815 00070~ 00070/* 00070~ 000704 00070~ 000704 001872 000519 000537 000375 000282 000291 000291 000291 001487 000326 000326 000326 000922 RANCHO CALIFORNIA MATER RANCHO INDUSTRIAL SUPPL RAY GRAGE AND ASSOCIATE ROBERT BEIN, ill FROST & RCNLEY, CATHERINE S K S, INC/INLAND OIL S K S, INC/INLAND OIL S K S, INC/INLAND OIL S K S, INC/INLAND OIL S K S, INC/INLAND OIL S K S, INC/INLAND OIL SALAZAR, MARIANNE SOUTH COUNTY PEST CONTR SOUTHERN CALIF EDISON - SOUTHERN CALIF TELEPHOG SOUTHERN CALIF. MUNICIP SPEE DEE OIL CHANGE & T SPEE DEE OIL CHANGE & T SPEE DEE OIL CHANGE & T TIERRA MECHANICAL, INC. UNITOG RENTAL SERVICE, UNITOG RENTAL SERVICE, UNITOG RENTAL SERVICE, UNIVERSAL STUOIOS CITY OF TENEOULA VOUCHER/CHECK REGISTER FOG ALL PERICX)S ITEH DESCRIPTION TCSO LOCKSI4ITH SERVICES MISC LOCKSMITH SERVICES TCSD LOCKSMITH SERVICES 3-PT REGISTRATION RECEIPTS FREIGHT TAX gKSHP: GRAlelER & USAGE NAASEH BLUEPRINT REPRCOUCTION BLUEPRINT REPRDIXICTION 02-79-10100-11/6-2/10/95 COTTON MOPHEADS PLAN CK SERVICES JAN 95 SURVEYING SERVICES Pg93-11 TCSD INSTRUCTOR EARNINGS FUEL EXPENSE FUEL EXPENSE FUEL EXPENSE FUEL EXPENSE FUEL EXPENSE FUEL EXPENSE ANNUAL MONK BOOT ALLCNANCE PEST CTRL i SR CNTER 66-77-584-8087-02 1/20-2/22/95 909 202-4767 GT SOFTBALL TEAM REGISTRATION BUILD & SAFETY VEHICLES MAINT. NAINT ON CITY MANAGER VEHICLE BUILD & SAFETY VEHICLES RAINT. PREVENTIVE MAINT CONTRACT OCRC UNIFORMS - P.W. DEPT. UNIFOGNS - P.W. DEPT. UNIFOGNNAINT FOG TCSD PERSONN TICKETS FOG SENIORS TRIP ACCOUNT IlLleER 190-180-999-5212 190-180-999-5212 190-180-999-5212 190-182-999-5220 190-182-999- 5220 190-182-999-5220 001-161-999-5258 001-163-999-5268 001-163-999-5268 190-180-999-52/.0 190-181-999-5212 001-162-999-5248 210-165-6~-5804 190-183-999-5330 100-16~-601-5263 001-163-999-5263 001 - 165-999-5263 190-180-999-5263 001 - 162-999-5263 001 - 110-999-5263 001 - 162-999-5243 190-181-999-5250 340-199-999-5240 001 - 161-999-5208 190-183-999-5380 001 - 162-999-521/, 001-110-999-5214 001-162-999-5214 190-182-999-5212 100-164-601-5243 100-164-601-52/*3 190-180-999-52/.3 190-18~-999-5350 ITEM AMOUNT 969.32 ~.:38 159.91 390.00 16,52 30.~ 1~.00 16.27 22.53 206.00 414.57 181.36 82.25 186,55 ~.54 25.00 95.00 29.00 65,51 20,99 20,99 20.99 250,00 ~.58 ~.00 16,~ ~1,25 CHECK ANOUNT 1,20~.61 436.75 125.00 38.8O 60.88 7.33 403.613 206.00 963.27 65.51 76.~8 62.9'/ 25 0. O0 2 VOUCHER/ CHECK NUMBER 22553 22553 22553 22553 22553 22553 22554 22555 22556 22557 22558 22559 22560 14:05 CHECK DATE 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 03/02/95 VENDOR VENDOR NUMBER M 000~.C)9 VALLEN SAFETY SUPPLY, 000409 VALLEN SAFETY SUPPLY, 000409 VALLEN SAFETY SUPPLY, 000409 VALLEN SAFETY SUPPLY, 000409 VALLEH SAFETY SUPPLY, 000409 VALLEH SAFETY SUPPLY, 001437 VIliACK, MARYANN 001474 001342 001874 000570 000:~.2 000345 VORTEX DATA SYSTEMS, IN UAXIE SANITARY SUPPLY, UILLIAHS, KAREN W[MBERLY, VALER[E WINDSOR PARTNERS'RANCHO XEROX CORPORATION BILLI CITY OF TENEOULA VOUCHER/CHECK REGISTER FOR ALL PERIODS [TEN DESCRIPTION HAZNTENCE CREI~ SUPPLIES TAX NAINTENCE CREIJ SUPPLIES TAX HA]NTENCE CREI,/SUPPLIES TAX TCSD INSTRUCTOR EARNINGS REPAIR ROLL-UP DOOR a CRC BLDG NAINT SUPPLIES - CRC TCSO INSTRUCTOR EARNINGS LASER POINTER RE[MB. PARCH RENT/FEB CAN XEROX MONTHLY LEASE AGRNNT. TOTAL CHECKS ACCOUNT NUMBER 100-164-601-5218 100-164-601-5218 100-1&~-601-5218 100-16~-601-5218 100-164-601-5218 100-164-601-5218 190-183-f~)-5330 1~0-182-9~-5212 1~0-182-~-5212 1~1)-183-~-5330 001 - 161 -~-5220 340-1~-9~-52.34 330-199-999-5239 ITEM A!IXJNT 352.24 27.30 231.00 17.91 3.60 316.00 100.00 310.32 840.00 92.10 11,497.65 2,~.12 PAGE 5 CHECK ANOUNT 632.33 316.00 100.00 310.32 8~0.00 92.10 11,497.65 2,9~,.12 44,667.39 VOUCHRE2 P~r~ 0~/02/95 15:27 C]TY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 165 RDA DEV- LO~/HOD SET AS]DE 190 CCIIJN[TY SERVICES DISTRICT 210 CAPITAL [NPROVEHENT PROJ FUND 280 REDEVELOPNENT AGENCY - C]P 300 INSURANCE FUND TOTAL mT /~,161.36 89,382.45 4,550.25 9,973.19 454,598.76 6,602.79 3,352.38 612,621.18 nV~2 O. i 15:27 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR ~ER DATE ~R VENDOR ITEM ACCOUNT IIAE DESCRIPT[OR NLNBER ITEM .AI40UNT CHE~ ANOUNT 22563 03/16/g5 001661 22563 03116195 001661 22564 03/16/~5 001344 22564 03/i4/~5 001344 22565 03/16/95 000125 22565 03/14/~5 000123 22565 03/16/~5 000123 22565 03/14/95 000123 22565 03/14/95 000123 22565 03/14/~5 000123 22565 03/14/95 000123 A L CHAVEZ ENTERPRISES, A L CHAVEZ ENTERPRISES, AMERIC, AN CONTRACTING, ! ANERICAN CONTRACTING, I A.C. REPAIR PRGM PROGRESS PNT1 RETENTION W/H OR Ii 721-C SPTS PRK CONTRACTOR JAN ~5 RETENTION W/H INVt 253-17 BURKE WILLIAI4S & SOltENS PROF SERVICES FOR JAIl 955 BURHE VILLIAXS & SORENS PROF. SERVICES FOR JAN 95 BURKE MILLIANS & SORENS PROF, SERVICES FOR JAN 95 BURKE WILLIAN$ & $OREN$ PROF. SERVICES FOR JAN 95 BURKE MILLlIMeS & SOltENS PROF, SERVICES FOR JAIl 95 BURKE WILLIANS & SORENS PROF. SERVICES FOR JAIl 95 BURKE MILLIAN$ & $OREN$ PROF. SERVICES FOR JAN 95 22566 03/14/95 00086/, CORONA CLAY CO., INC. ANGEL MIX BRICKDUST-DELIVERED 22566 03/14/95 000864 CORONA CLAY CO., INC. HOUND NIX-DELIVERED 22566 03/14/95 000864 CORONA CLAY CO., INC. TAX 22567 03/16/95 0001~4 22567 03/16/95 0001/,4 22567 03/14/95 0001~ COSTCO WHOLESALE CORPOR EQUZPNENT AND FURNISHINGS COSTCO WHOLESALE CONPOR 3X SURCHARGE FOR P.O. COSTCO.WHOLESALE CORPOR TAX 001716 DAN'S ROOFING 22569 03/16/95 001380 22570 03/14/95 000164 REPLACE ROOF ON RESTROOM BLDG. E S ! EMPLOYMENT SERVIC BURNELL PROF SERVICES DEC-JAN ESGIL CORPORATION PLAN CHECK SERVICES FOR JAN 95 100-164-601-5402 100-2035 210-166-648-5804 210-2035 001-130-~-5246 001-1280 001-130-~-5266 1~0-180-~-5246 300-1~-~-5207 280-1~-~-5246 001-130-~-5246 lg0-180-~-5212 190-180-~-5212 190-180-~-5212 001-171-999-5470 001-171-999-5470 001-171-999-5470 190-180-~-5212 001-162-~-5250 001-162-~-5248 78,641.20 7,864.12' 2,400.00 240.00- 3,150.00 2,444.84 18,780.27 6~0.20 3,352.38 2,052.53 2,431.93 2,712.50 412.50 242.19 3,318.73 49.78 257.20 2,851.00 1,056.00 3,~2.22 70,T/'7.08 2,160.00 32,902.15 3,367.19 3,625.71 2,851r00 1,056.00 3,~2.22 22571 03/14/95 001575 HMKER EQUIPMENT CONPAN EMERGENCY 1 CUSTOM PUleER 22571 03/14/95 001575 HAAKER EQUIPNENT CONPAN TAX 210-190-626-5608 210-190-626-5608 206,005.00 15,965.39 221,970.39 22572 03/14/95 001875 HAYES, KRISTINE 22575 03/14/95 000756 I P S SERVICES, INC. 22573 03/14/95 000756 ! P S SERVICES, INC. TCSD INSTRUCTOR EARNINGS STREET STRIPING PROGRAM RETENTION W/H INV~ 008220 190-103-999-5330 100-164-601-5410 100-2035 1,570.40 13,561.52 1,356.15- 1,570.40 12,205.37 22574 03/14/95 000202 22576 03/14/95 000202 22576 03/14/95 000202 22576 03/14/95 000202 J F DAVIDSON ASSOCIATES J F DAVIDSON ASSOCIATES J F DAVIDSON ASSOCIATES J F DAVIDSON ASSOCIATES 22575 03/14/95 000860 JOCHUM, LORI 22576 03/16/95 001637 22576 03/14/95 001637 KICAK AND ASSOCIATES KICAK AND ASSOCIATES DESIGN RANCHO CAL SPT PRK DEC DESIGN RANCHO CAL SPT PRK DEC SPTS PRK DESIGN SERVICES DEC SPTS PRK DESIGN SERVICES DEC TCSD INSTRUCTOR EARNINGS INTERIM I~/CITY ENG JAN 95 INTERIM PW/CITY ENG JAN 95 210-1~0-137-5802 210-190-137-5802 210-1~0-137-5802 210-190-137-5802 190-183-999-5330 100-164-604-5250 100-164-604-5250 3,702.13 120.00 1,/"53.00 120.00- 1,496.40 1,800.00 4,600.00 5,163.13 1,496.40 6,400.00 22577 03/14/95 001694 KNIGHT PRINTING BLDG & SAFETY PERMIT FORMS 001-162-999-5222 22577 03114195 001696 KNIGHT PRINTING- TAX 001-162-~-522Z 1,560.70 120.95 1,681.65 03/14/95 001690 LAUTZENHZSER'S STATIC)NE 8 NZNUTE BOOK FILLERS 001'120'999'5220 555.36 03/14/95 001690 LAUTZENHZSERPS STATIONE 6 CUSTOM MINUTE BOOKS 001-120-999-5220 506.28 VOUCHRE2 PFa~2 03/02/95 15: 27 VOUCHER/ CHECK NLNBER 22578 22578 22578 22579 22579 22579 22580 22580 22580 22581 22581 22581 22581 22582 22583 22584 22585 225845 CHECK DATE 03114195 03114195 03114195 03/14/95 03/14/95 03/14/~5 03/14/95 03/14/95 03/1~/95 03114195 03114195 03114195 03114195 03114195 VENDOR IN~ER 001690 001690 001690 001501 001501 001501 001207 001207 001207 001383 001383 001383 001383 000270 0010/.6 000271 000332 000539 NANE LAUTZENHISER'S STATIORE LAUTZENHISER'S STAT!ONE LAUTZENHISER'S STATIORE HARINA CONTRACTORS, INC MARINA CONTRACTORS, INC HARIRA CONTRACTORS, INC HARTIN J. JASKA, INC. HARTIN J. JASKA, INC. HARTIN J. JASKA, INC. P M W ASSOCIATES, INC. P M W ASSOCIATES, INC. P N W ASSOCIATES, INC. P M ~ ASSOCIATES, [NC. R J N DES]GN GROUP, INC REXON, FREEDI~tN, KLEPET ROBERT BE/N, MI4 FROST & VANDORPE CHOU ASSOCIATI HIHf4ER YAHADA ASSOCIATE CITY OF TENEOULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEN DESCRIPTION PRINTING ON NIN. BOOKS TAX INV# 30502 SHIPPING CHARGE LONA LINDA PRK CONTRACTORS DEC RETENTION WH INV PROGI 5 STOP NOTICE FRON ROBERTSON,S PALA PEK CONTRACTON JAN 95 RETENTION M/H INW/REQ ~ STOP NOTICE FRON M'CONTRACT PROF. SERVICES JAN 95 PROF. SERVICES JAN 95 PROF. SERVICES JAN ~5 PROF. SERVICES JAN 95 DESIGN SERVICES FOR JAN 95 PROF. SERVICES FON JAN 95 PROF. SERVICES JAN 95 PLAN CK SERVICES FOR JAN 95 SURVEY SERV]CES FOR JAN 95 ACCOUNT NtNBER 001-120-999-5220 001 - 120-999-5220 001 - 120-999-5220 210-190-134-5804 210-2035 210-2038 210-190-120-5804 210-2035 210-2038 280-199-999-524.B 165-199-999-5248 280-199-999-524,8 165-199-999-5248 210-190-626-5802 001-130-999-5247 210-165-(:37-5802 001-162-999-524.8 210-190-120-5802 ITEN ANOUNT 54.00 86.46 32.41 13,500.09 1,350.09' 1,051.01- 228,228.00 22,822.80- 19,991.25' 4,183.70 4,183.69 366.56 366.56 23,561.30 2,730.80 2,139.00 3,033.43 3,090.00 CHECK 11,098.99 185,413.95 9,100.51 23,561.30 2,730.8O 2/""~ 3,090.00 TOTAL CHECKS 612,621.18 ITEM 4 CITY OF TEMECULA AGENDA REPORT · TO: City Manager/City Council FROM: -*Genie-Roberts, Finance Officer DATE: March 14, 1995 SUBJECT: City Treasurer's Report as of January 31, 1995 PREPARED BY: Tim McDermott, Chief Accountant RECOMMENDATION: as of January 31, 1995. That the City Council receive and file the City Treasurer's Report DISCUSSION: Reports to the City Council regarding the City's investment portfolio and receipts, disbursements and fund balance are required by Government Code Sections 53646 and 41004 respectively. The City's investment portfolio is in compliance with the Code Sections as of January 31, 1995. FISCAL IMPACT: None ATTACHMENTS: 1. City Treasurer's Report as of January 31, 1995 2. Schedule of Assets, Liabilities, and Fund Equity as of January 31, 1995 City of Temecula City Treasurers Report As of Janumy 31, 1995 Cash Activity for the Month of January: Cash and Investments as of January 1, 1995 Cash Receipts Cash Disbursements Cash and Investments as of January 31, 1995 $ 47,461,619 6,608,040 (3,401,262) $ 50,668,~97 Cash and Investments Portfolio: Type of Investment Petty Cash General Checking Benefit Demand Deposits Local Agency Investment Fund Deferred Compensation Fund Deferred Compensation Fund Defined Contribution Fund Trust Accounts-TCSD COPs Reserve Account-TCSD COPs Trust Accounts-RDA Bonds Construction Fund-RDA Bonds Reserve Account-RDA Bonds Institution Y'mld City Hall First Interstate First Interstate State Treasurer 5.612 % ICMA PEB$CO PEBSCO Bank of Amedca 5.165 BofA - Bayerische Landesbank 6,870 Bank of Amedca 5.165 BofA - Bayedsche Landesbank 6.210 BofA - Bayerische Landesbank 7,400 Balance $ 800 297,259 3,771 35,813,476 249,349 280,392 18,652 4,773 502,690 1,162,315 10,886,000 1,448,920 $ 50,668,397 (1) (1) (1)-This amount is nat of outstanding checks. Per Government Code Requirements, this Treasurer's Report is in compliance with the City of Ternecula's investment policy and them are adequate funds available to meet budgeted and actual expenditures of the City of Temecula for the next thirty days. City of Temecule Schedule of Assets, Liabilities, .rod Fund Beenca As of January31, 1995 Assets: Cash and investments Receivables Due from other funds Land held for resale Fixed assets-net Conlmunity Services Redevelopme City (1) District Agency $ 28,132,801 $ 2,247,086 $ 20,288,510 2,014,296 122,154 123,576 587,662 918,1 71 2,004,569 489,070 $ 32,142,000 $ 2,36~,240 $ 22,416,655 $ Total 50,668,397 2,260,026 587,662 2,922.740 489,070 56,627,895 L,iabilities and fund equity: Liabilities: Due to other funds Other liabilities Total liabilities $ 554,862 $ 32,800 $ 2,71 7,639 $ 189,454 347,381 3,272,501 1 89,454 380, 181 Fund equity: Contributed capital 1,030,246 Reined earnings (deficit} (104,056) Fund balances: Reserved (2) 3,987,252 Designated (3) . 13,924,896 Undesignated 10,051,1 61 Total fund equity Total liabilities and fund equity 815,051 5,614,846 1,354,755 16,421,628 28,869,499 2,179,786 22,056,474 $ 32,142,000 $ 2,369,240 $ 22,416,655 $ 587,662 3,254,474 3,842,136 1,050,246 (104,056) 10,417,129 31,71 1,279 10,051,161 53,065,756 56,927,895 (1) Includes Generad Fund, CIP Fund, Gas Tax Fund, other special revenue funds, and deferred comp agency funds. (2) Include mounts reserved for encumbrances, land held for resale, long*term notes receivable, low/rood housing, and debt service. (3) Includes mounts designated for economic uncertainty, debt mice, and continuing appropriations. ITEM 5 APPROVAL CITY ATTORN~ FINANCE OFFI CITY MANAG CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council Ronald E. Bradley, City Manager March 14, 1995 Out-of-State Travel Request RECOMMENDATION: To authorize the Mayor to travel, out of state, to Salt Lake City to be present when Advanced Cardiovascular Systems (ACS) receives the United Nations Family Friendly Award. BACKGROUND: In 1989, the United Nations General Assembly designated 1994 as the International Year of the Family. An international conference is scheduled in Salt Lake City, Utah on March 16-19, 1996, to discuss family resources and responsibilities in a changing world. During this conference, Advanced Cardiovascular Systems (ACS) will be presented with an United Nations Family Friendly Award for strong corporate values in support of the family. During this conference, ACS will be making a 20 minute presentation highlighting ACS's corporate values, the City of Temecula and the Temecula Valley School District. In support of this presentation, an out of state travel authorization, for the Mayor, needs to be approved by the City Council. FISCAL IMPACT: The cost of the trip, for the mayor, is approximately ~ 1,038.00. Adequate funding is available in the City Council budget. R:~..AN~tDA~'TAFFIO, M~ ITEM 6 CITY OF TEMECULA AGENDA REPORT APPROVAl CITY ATTORNEY~ FINANCE OFFICEI CITY MANAGER TO: FROM: DATE: SUBJECT: City Council/City Manager Anthony Elmo, Chief Building Official/~ March 14, 1995 Contract Inspection Services for Building and Safety RECOMMENDATION: That the City Council approve an amendmentto an existing professional services agreement for Employment Services, Inc. (E.S.I.), to provide Contract Building Inspection and Code Enforcement services to the Building and Safety Department for an approximate four (4) month period. DISCUSSION: The Building and Safety Department recently promoted one of its current Building Inspector II's to the position of Senior Inspector. This promotion left a vacancy in the Building Inspection staff. Inspection workload has been extremely heavy which has created a need to supplement current inspection staff. Further, the addition of managing the annual weed abatement program, and the increase in general code enforcement activity, has created a need to supplement the one (1) code enforcement officer with additional staff. The use of contract inspection services on an as needed basis, gives the Building Official the ability to monitor inspection workload in both divisions and provide the needed assistance during periods of peak demand for services. E.S.I. has been providing contract building inspection staff since April 14, 1994. This amendment will change the designated staff and add Code Enforcement personnel. FISCAL IMPACT: 5250, "Other Outside Services necessary. Funds are currently available in Account No. 001-162-999- ", for this purpose. No new appropriation of funds is Attachments: amended agreement former agreement V:\TONY%AGENDA~ESI.g6 316/95 tde FIRST AMENDMENT TO EMPLOYMENT SYSTEMS, INC. AGR~4~r TO PROVIDE STAFFING SERVICES TOT!~C1TYOFTEMECUI~ ~ FIRST ~~ TO EMPLO~ SYSTEMS, INC., AGREEMENT TO PROVIDE STAFFING SERVICES TO THE C1TY OF TEMECULA ffIEREAFrER *FIRST AMENDMENT") is made and effective as of March 15, 1995 by · and between the City of Temecula ('Agency*) and Employment Systems, Inc. (*ESI'). In consideration of the mutual promises, covenants, and warranties set forth herein, the parties agree as follows: 1. This First Amendment is made with respect to the following facts which the parties agree are true and con'ect: A. On April 14, 1994, the Agency and ESI entered into that certain agreement entitled 'Employment Systems, Inc. Agreement to Provide Staffing Services to the City of Temecula* (*Agreement*). B. The parties now desire to extend the term of the Agreement until March 15, 1996, substitute certain employees and add new employees to the Agreement, and makB certain other changes in the Agreement. 2. Paragraph 2.2 of the Agreement is hereby amended to read as follows: "2.2 Term of Atsreement. This Agreement and the rights and obligations of AGI~ICY and ESI shall commence on the effective time and date specified in paragraph 2.1 and shall expire and terminate at the same time on March 15, 1996. The term of this Agreement may be extended only by an agreement in writing, signed and executed by the parties hereto prior to such expiration. It is specifically understood and agreed that AGENCY may not hold-over upon such expiration and may not be or become lessee of the employees from term to term." Article 5, Indemnification, of the Agreement is hereby amended to read as follows: *ESI shall indemnify, defend, and hold harmless AGENCY for the purposes of all required payroll deductions and withholdings, legally required workers' compensation insurance, and health benefits of the employees. However, inasmuch as the employees will discharge governmental responsibilities and perform in accordance with the ordinances, resolutions, rules, reguhtions, and procedures adopted by AGENCY in its governmental capacity (1) ESI and its employees shall be entified to all protection and immunities of government employees, including without limitation, those provided in R:~ChyAUI~,a, X2:I20832.2 -1- California Government Code, Title I, Division 3.~, Claims and Actions Against Public Entities and Public Employees; and (2) AGENCY does release and agree to indemnify, defend and hold harmless the employees, F, SI, and ESI's agents, personnel, directors, and officers from any and all actions, claims, damages or injuries to persons or property, penalties, obligations, or liabilities arising out of or related to the services performed under this Agreement.* 4. Exhibit A, Staff, to the Agreement is hereby deleted from the Agreement and in its place a new Exhibit A, Stuff, attached hereto and incorporated herein by this reference, is added to the Agreement. 5. Except as otherwise specifically provided herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN ~S WHEREOF, the parties hereto have caused this First Amendment to be executed the day and year first above written. EMPLO~ SYSTEMS, INC. CITY OF TEMF, j~ULA JEFFREY STONE President Mayor Attest: JUNE S. City Clerk Approved As to Form: PETER M. THORSON City Attorney R:%CityAny~LAX2:I20~32.2 -2- Exhibit A STAFF Employee(s) included in this aEreenent by and between the City of Temecuh and EMPLO~ SERVICBS, INC., is listed below: Batty Cox Tom Cole Ban'y Cox Tom Cole Hourly Billln~, Rate to City of Temecuh $33.00-per hour $28.00 per hour Total ESI payroll to Employee $22.00 per hour $20.00 per hour V:~TONY~OBNDA~I[XH-A.BSl 316195 Ii EMPLOYMENT SYSTEMS, INC. AGREEMENT TO PROVIDE STAFFING SERVICES TO THE crrY OF TEMECULA THIS AGREEMENT is made and entered into this 6th day of April, 1994, by and between the City of Temecula hereinafter referred to as "AGENCY', and EMPLOYMENT SYSTEMS, INC., hereinafter referred to as "ESr'. WHEREAS~ ESI is a California corporation which provides the services of its employees to government agencies for the purpose of discharging the responsibilities of government agencies; and WHEREAS, AGENCY has engaged the personal services of certain persons as its employees; and WHEREAS, economic reasons exist which make it in the best interests of the AGENCY tO digcharge certain of its responsibilities through the use of ESI employees; NOW, THEREFORE, in consideration of the promises, covenants, and warranties hereinafter set forth, the parties hereto mutually agree as follows: ARTICLE 1 DEFINITIONS All terms used in this Agreement shall have the customary meaning afforded such terms unless the sam~ are used in a technical or business context, in which event such terms shall have the technical and/or special meaning normally afforded such terms within the particular trade, industry, or business to which they relate. The following are the definitions of special terms used herein: 1.1 "Current Payroll" means the payroll set forth on attached Exhibit A and incorporated by this reference. 1.2 "Employees" means those individual persons who are subject to the texu~s of this Agreement and who are identified on attached Exhibit A incorporated by this reference. 1.3 "Employee Tax Forms" means all forms applicable to the payroll which are required by United States, state, and local governments to be provided by an employer to an employee, including U.S. Depa, latent of the Treasury, Internal Revenue Service Fotn~ W-2 (Wage and. Tax Statement) and Fof,~ W-4 (Employee's Withholding Allowable Certificate) and Form 1099 (as and if applicable), as well as comparable and/or counterpart fo,'ix~s prescribed by the state and/or local government in which employees are performing services pursuant to this Agreement. :"~ 1.4 "Employer Tax Forms" means all forms required to fully and properly report the dayroll to the United States, state and/or local governments, including United States Department of the Treasury;, Internal Revenue Service Form 941 (Employer's Quarterly Federal Tax Return for Federal Income Tax Withheld from Wages and for Federal Insuranc~ Contributions Act Taxes), Form 940 (Employer's Annual Federal Unemployment Tax Returr,, and comparable and/or counterpart forms prescribed by the state and/or local government in which employees are performing services pursuant to this Agreew. ent. L5 'Payment Due Date' means any date on or before the !a~ day of each payroll period- 1.6 "Pay Period" means the interval between payments to employees specified 'in attached Exhibit A. 1.7 "Payroll" means the total payroll applicable to all employees and includes the aggregate of net compensation to employees, federal withholding taxes, state and local (if any) withholding taxes, employer and employee costs pursuant to the Federal Insurance Contributions Act, employer costs pursuant to the Federal Unemployment Tax Act, employer costs for state unemployment taxes (if any), employer costs pursuant to the Voluntary Compensation Plan (if any), ancL employer listed service fees (as applicable). ARTICLE 2 IMPLEMENTATION- 2.1 Relationship of Parties. Effec~ve at the commencement of business en the 7th day of April, 1994, ESI wffi provide to AGENCY those of its employees who are identified attached Exhibit B and AGENCY hereby accepts such employees on the terms and conditio provided in this Agreement. 2.2 Term of .z~reernent. This Agreement and the fights and obligations of AGENCY and ESI shall commence on the effective time and date specified in paragraph 2.1 and shall expire and te~,.dnate at the same time on the corresponding date one year later. The term of this Agreement may be extended only by an agreement in writing, signed and executed by the parties hereto prior to such expiration. It is specifically understood and agreed that AGENCY may not hold-over upon such expiration and may not be or become lessee of the employees from term to term. 2.3 Specification of ,qervices anti A~prov=l of conWens~tion. AGENCY shall specify, and by notice to ESI may accept, modify, or reject the sexyices and/or rate of compensation of any and all employees leased to AGENCY in accordance with this Agreement. In the event of rejection of services and/or rejection of the rate of compensation of any employee leased to AGENCY, the lease made by this Agreement shall te~udrtate as to,such employee, effective upon receipt by ESI of notice thereof. For purposes of business and financial accounting between the parties, this Agreement shall be deemed several as to each employee and sb~all be deemed prorated on a daily or other-periodic basis necessary to give effect to the manifest · intentions of the contracting parties. 2.4 Ch=ni, es =nd Adj..stments in P~3'roll. AGENCY and ESI acknowledge the payroll will vary from pay period to pay period by reason of additions, terminations, changes ~ 2 compensation rates of employees and/or changes in hours worked. It is further acknowledged that the payroll also my vary from pay period to pay period by reason of changes in'the rate and/or amount of employee withholding and/or employer payroB contributions and/or costs of employee benefit plans and programs. It is specifically agreed that the amount of all payments coming due and owing from AGENCY to ESI shall be adjusted (by increase or decrease, as applicable) to the extent necessary to directly reflect such changes on a current basis. All such changes and adjustments in payroll are hereby expressly approved by the parties. 2.5 ~rn~loyer r}.ties of ~-~I. ESI shall (1) pay all wages and other remuneration to 'its employees who are subject to this Agreement;, (2) notify AGENCY of the current payroll prior to each pay period; (3) prepare and file all payroll tax returns and reports; (4) pay all amounts due and owing pursuant to the payroll tax returns and reports wkich are prepared and filed; (5) prepare, file, and furnish to employees applicable employee tax forms; and (6) prepare and file, with a copy to AGENCY, applicable employer tax forms. In the event of termination of any employee as provided by paragraph 2.4, ESI shall provide placement assistance to that employee by listing that employee at no charge to the employee in ESI's job listing service.' 2.6 i~,,ties of AC~NCY. AGENCY shah (1) provide the workplace for all employees subject to this Agreement; (2) maintain the workplace in strict accordance with applicable health and working standards and specifications; (3) comply with all safety engineering and governmental health and safety rules, regulations, directives, orders or similar requirements; (4) provide all required safety equipment; (5) for employees located in-California, take all actions necessary to establish and implement an injury and ilJness prevention program as required by the Occupational Injury Program Act, also known as Senate Bill 198, and codi~ed at California Labor Code §6401.7; (6) post or provide employee notices required by law; and (7) notify ESI immediately of all employee illnesses, accidents, injuries, and absences. 2.7 Workers' Con~pens,tion, He,lth. :,nd Other Benefits. ESI maintains Workers' Compensation and Employers Liability Insurance of a form and in an amount as required by state law. Various health and other benefits are available to employees under a cafeteria plan which permits each employee to choose the type of benefits he or she will receive. ARTICLE 3 COMPENSATION 3.1 Fee. AGENCY agrees to pay the hourly rate established in Exhibit A, on or before each payment due date. 3-~ P~,yrnent Arlr~ress. ALl payments due ESI shall be paid to: ~ EMPLOYMENT SYSTEMS, INC. 11590 W. Bernardo Court, Suite 211 San Diego, california 92127 33 Terms of Compensation. Invoices are due within 15 days of receipt. Delinquent payments will be subject to a late payment carrying charge computed at a periodic rate of 1% per 3 month, which is an annual percentage rate of 12%, which will be applied to any unpaid.balance owed commencing seven (7) days after the payment due date. Additionally, in the ever"-~ AGENCY fails to pay any undisputed axnounts due ESI within forty-five (45) days aft payment due date, then AGENCY agrees that ESI shall have the right to consider said default a total breach of this Agreement and the duties of ESI under this Agreement may be t~n.lnated by ESI without liability to ESI upon t~n (10) working days advance written notice. 3.4 Aaaitionnl Services. AGENCY may request ESI to perfo~-, additional services not covered by this. Agreement, such as recruiting services, and ESI shall perform such additional services and will be paid for such additional services when they are mutually agreed to and made part of this Agreement by written amendment. ARTICLE 4 SUPERVISION OF EMPLOYEES ESI shall supervise the daily activities of employees, but employees shah discharge governm_ent responsibilities and perform in accordance with the ordinances, resolutions, rules, regulations, and procedures adopted by AGENCY in its governmental capadty. ESI shall have no control over such government responsibilities and such ordinances, resolutions, rules, regulations, and procedures. ARTICLE 5 INDEMNIHCATION ESI shall indemnify, defend, and hold harmless AGENCY for the purposes of all required payroll deductions and withholdings, legally required workers' compensation insurance, and health benefits of the employees. However, inasmuch as the employees will discharge government responsibilities and perform in accordance with the ordinances, resolutions, rules, regulations, and procedures adopted by AGENCY in its govermnental capadty (1) ESI and its employees shall be entitled to all protection and immunities of government employees, including without limitation, those provided in California Government Code, Title 1, Division 3.6, Claims and Actions against Public Entities and Public F-rnployees; and (2) AGENCY does release and agree to indemnify, defend and hold harmless the employees, ESL and ESFs agents, personnel, directors, and officers from, any and all actions, claims, damages or injuries to persons or property, penalties, obligations or liabilities arising out of or related to the services perfocused under this Agreement. In addition, the employees, ESI, and ESI's agents, personnel, directors, and officers shall be additional named insured on AGENCY's insurance polldes or on any self-insurance agreement. If AGENCY is a member-of a Risk Management Agreement (RMA) or similar agreement, AGENCY will notify the organization responsible for RMA or similar agreement in writing that the employees, ESI, and ESI's agents, personnel, directors, and officers do not have any applicable insurance coverage. 4 ARTICLE 6 GENERAL PROVISIONS 6.1 Representation. An AGENC~ representative shall be designated by the AGHNCY and an E5I representative shall be designated by ESI as the prinmry contact person ~or each party ..... regarding performance of this Agreement The/oilowing are the designated representativeS:.:?:~.-_:.-~'_~: Scott R, Fazekas br ESI '. Anthony mrno for The City of Temecula .... ;:;~--".4iY ':-"":: 6.2. l.e~al Action. Should either party to this Agreement bring legal action .against _.the'. '- other, the ca;e shall be handled within the'County where AGENCY--is located, and the preyslung in' such action shall be entitled to reasonable attorneys' fee which sb~ll be Fxxed...by.:-.-;; ': the judge hearing the case and such fee sb~ll be included in the judgutent 6.3 Assignment. This Agreement sb~ll not be assignable by either party without the prior written consent of the other p. arty. 6.4 AudiL AGEI~;FCY shall have the fight to audit and inspect F_Srs records and accounts covering costs under this Agreement for a period of two years after termination of the Agreement. 6.5 Titles. The rifles used in this Agreement are for general reference only and are not /..p. art of the Agreement. - 6.6 Sever~bility. Should any provision of this Agreement be determined to. be unenforceable, such dete~,,inarion sb~I1 not affect the ren~ining provisions. 6.7 Extent of A~reement. This Agreement represents the entire and integrated Agreement between AGENCY and F_.SI and supersedes all prior negotiations, representatiorts or agreements, either written or oral. This Agreement may be modified or mended only by a subsequent written agreement signed by both parties. IN WITNESS WI-IF. REOF, the parties hereto have executed this Agreement as of the date and year Fast above writteru BY: TITLE: BY: EMPLOYMENT SYSTEMS, INC. Date'. 5 Exhibit A STAFF Employee(s) included in this agreement by and between the The City of Temecula and EMPLO~ SYSTEMS, INC., is listed below: Employee - Hourly Billin~ Rate to City of I~z~-.' ,, Matt Burned $33.00 per hour '~" To~l ~SI payroll to F. rnployee $22.00 per hour (without benefits) 6 ITEM 7 TO: FROM: DATE: -SUBJECT: APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer March 14, 1995 Acceptance of Public Streets into the City Maintained-Street System (North General Kearny Road and Golden Rod Road) K. Crisp, Permit Engineer. That the City Council adopt a resolution entitled: RESOLUTION NO. 95~._ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING CERTAIN PUBLIC STREETS CONSTRUCTED UNDER ASSESSMENT DISTRICT NO. 161 INTO THE CITY-MAINTAINED STREET SYSTEM {NORTH GENERAL KEARNY ROAD FROM NICOLAS ROAD TO THE EASTERLY CITY LIMITS AND GOLDEN ROD ROAD FROM NORTH GENERAL KEARNY ROAD TO THE NORTHERLY CITY LIMITS) BACKGROUND: Assessment District No. 161 -Winchester Properties was formed under the provisions of the Municipal Improvement Act of 1913 while under the jurisdiction of the County of Riverside. The Riverside County Transportation Department administers the construction contracts for Assessment District No. 161 through consultant contract administrators and inspectors. As each phase of work under the Assessment District program is completed, the consultants recommend acceptance of the work to the Transportation Department and then to the Board of Supervisors. The Board then accepts the recommendation and executes and has filed a "Notice of Completion". r. ~AGDRPT~95~0314~qGI~GOLD.ACC The Assessment District contractor has satisfactorily completed the construction of North General Kearny Road from Nicolas Road to the Easterly City Limits, and Golden Rod Road from North General Kearny Roads to the Northerly City Limits in accordance with County plans, specifications, and standards. The Board of Supervisors authorized the issuance of the Notice of Completion for the public improvements on May 5, 1992. The Riverside County Transportation Department has so notified the City of Temecula, and the City Public Works Department has reviewed the project in the field. The Riverside County Transportation Department requests that the City of Temecula accept the pertinent public improvements thereby accepting the maintenance responsibilities. The Public Works Staff recommends City Council acceptance of the right-of-way and acceptance of the Street, Bridge, and Drainage improvements into the City Maintained-Street System. The County of Riverside previously accepted the several offers for dedication and the easement grants for the rights-of-way for the subject portions of North General Kearny Road and for Golden Rod Road. Acceptance of the Street, - Bridge, and Drainage improvements is recommended by Council Minute Action. Acceptance of the streets into the City Maintained-Street System shall be by City Council Resolution in accordance with Streets and Highway Code Section No. 1806. FISCAL IMPACT: These streets will be integrated into the City's Pavement Management System and will receive periodic surface and/or structural maintenance efforts. The new pavement condition of these streets should necessitate only limited surface or structural treatments for 5 to 7 years. In addition some erosion control measures may be necessary until such time as the parkway improvements are completed through subsequent development activities. ATTACHMENTS: Resolution No. 95- with Exhibits "A-B", inclusive. Board of Supervisors Minute Order dated May 5, 1992. cc: Brad Buron, Maintenance Superintendent r,~AGDRP~9'~%0314~TGKRDOLD.ACC To be recorueU w~nh County Recorder within 10 days after ccepletton. No recording fee. ~_rk of the Boa~.~."of S m rvisoz s _~80 Lemon Stree~V~.14th ~loor Riverside, Ca. 925'01 l%Tod ot Completion ;Civil Code S 3093 - Public Works: (For Recorder's use) fNo=ice As hereby ~ven by the undersigned owner, a public entity o the State of California, that · public work of improvement has been completed, as follows: Project and Bridge, and Golden Rod Road Assessment Dist. 161 Date of completion: Date of this Notice Nature of owner: County Interest or estate of owner: Public Roadway Address of owner: 4080Lemon ~t. 8th Boor ~verstde, Caltforn~a'g2501 title or description of work= North General Eearney Road Name of contractor: Riverside Construction Co. SUree= address or legal description of si~e: Temecula area North General Eearney Road & Brid2e~ Golden Rod Road Dated: May 5, 1992 Ovner: C0unt~ f RIverside - ~ ./~ (lsaze of 'c t Title Ch,.tr-'..n. 8,.,-Pd of Sut~ew~sors STATE OF CALIFORIIIa ). SS "":" th · Coun t:-z~ ~;~rl t dl of' the governing board of the public entitT-~ executed the foregoing n~ttce and on Mile.q;.:"-.:,;]D .:. behalf I make thiS"~erificaticn- I have read said n~tice, knev"its ":% .~ "'.). contents, and the same is true.' 'l certify under penalty Of pe~J.~.'.~/i:?i~-'..', that.' the foregoing is true and correct. ' ·: ..,:*':":"" Executed at Riverside , CaliforfMLa on RD FORM 97 RESOLUTION NO. 9~ ~ A RESOLUTION OF THE C1TY COUNCIL OF THE CITY OF TEMECULA, C.AIJI~ORNIA, ACcEI-IING CERTAIN STREETS INTO THE CITY MAINTAINEI~STRF-ET SYSTEM (NORTH GENERAL KEARNY ROAD FROM NICOLAS ROAD TO THE EASTERLY CITY LIMITS AND GOLDEN ROD ROAD FROM NORTH GENERAL KEARNY ROAD TO THE NORTHERLY CITY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERM]h~ AND ORDER AS FOLLOWS: WHERE,~kS, LeO E. Roripaugh and Marian E. Roripaugh as Trustees of the Leo E.' Roripaugh 1975 Trust dated January 14, 1975, granted to the County of Riverside an easement for public road and drainage purposes, including public utility and public services purposes, over, upon, across, and within certain real property within the County of Riverside, as Instrument No. 313624, recorded October 27, 1988; and WHEREAS, Lyon Communities, Inc., a California Corporation, Fanted to the County of Riverside an easement for public road and drainage purposes, including public utility and public services purposes, over, upon, across, and within certain real property within the County of Riverside, as Instrument No. 313623, recorded October 27, 1988; and WHEREA~, Silverado North-61 Associates, a California General Partnership offered for dedication to the County of Riverside certain streets within Tract No 21430-1 for street and public utility purposes, and said County of Riverside accepted said offers of dedication by Board of Supervisors action on October 1988. WHEREAS, The Riverside County Road Commissioner and County Surveyor accepted the foregoing easement grants on behalf of the Rivehide County Board of Supervisors, pursuant to the authority conveyed by Board of Supervison Resolution No. 86-194 adopted May 13, 1986, for vesting of rifle purposes only and not for acceptance into the County Maintained-Road System; and Certificates of Acceptance were recorded October 27, 1988, as Instruments 313623 and 313624, Official Records, County of Riverside, California; W!~-REAS, The City of Temecula became successors-in-interest to the County of Riverside upon Incorporation, effective December 1, 1989: WHEREAS, The Assessment District No. 161 contractor has completed the public improvements in accordance with the plans, specifications, and standards, and the Board of Supervisors has issued the Notice of Completion for this phase of work; ~nAS, the Riverside County Transportation Department has requested that the City of Temecuh accept the completed work for maintenance purposes; WHERE&S, the City concurs in the satisfactory completion of the w6rk and desires the acceptance of these streets into the City Maintained-Street System: r.~s~C3DRFr~0314~(3KII~OLD.ACC NOW, THEREFORE, BE IT RK~OLVFr~ by the City Council of the City of Temecula as follows: Section 1. That the City of Temecula accept into the City Mainmined-Street System those streets offered and accepted by the County of Riverside described in Exhibits "A * and *B" attached hereto. Section 2. The City Clerk shall certify the adoption of this resolution and accept the streets and portions thereof, offered to and accepted by the County of Riverside, into the City Maintained-Street System as described in Exhibits "A" and *B' attached hereto. PASSE!l, APPROVED, AND ADOPT!~, by the City Council of the City of Temecula at a regular meeting held on the 14th day of March, 1995. Jeffrey Stone, Mayor ATTEST: June S. Greek City Clerk [SEALI STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TF. JVIECB ) I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 95- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 14th day of March, 1995, by the following vote: CO~CIMEMBERS: NOES: COUNCILMI:~MBERS: ABSENT: - CO~CILM~ERS: ABSTAIN: - CO~MEMBERS: r-~,GDRFf'x9SMBI4XNGKRGC}LD.ACC EXHIBIT "A" TO RESOLUTION NO. 95- Accepting the meats for public road and drainage purposes, including public utility and public services purposes, as previously granted and accepted by the County of Riverside, and those portiota of streets dedicated on Tract No. 21430-1 as accepted by the Riverside County Board of Supervisors, all as indicated on Exhibits "A" and riB", and accepting these portions of subject public streets and easements lying with the City Limits into the CRy 1%4aintsined-Street System as described below: A. Being a portion of that certain property described as Parcel 2 in deed to Leo E. Roripaugh and Mazian E. Roripaugh as Trustees recorded on October 16, 1975 as Instrument No. 127086 in the office of the County Recorder of Riverside County, as further described in Instrument No. 313624, recorded October 27, 1988. (A portion of said parcel also being Lot "B" as indicated on Tract No. 27827-1, recorded August :30, 1994, in Book 249 of Maps, Pages 96-100 Incl., in the office of the County Recorder. ) B. Those portions of Parcels 3 and 4 and Lots C, D, E, and F of Parcel Map 7384 fried in the Parcel Map BookS0 Pages 20 and 21, in the office of the County Recorder, Riverside County, California, as further described in Instrument No. 313623, recorded October 27, 1988. (Also being Lot "B" as indicated on Tract No. 22627, recorded April 5, 1991 in Book 230 of Maps, Pages 61-67 Incl., and Lot "F" as indicated on Tract No. 22627-1, recorded April 5, 1991 in Book 230 of Maps, Pages 55-60 Incl,. both in the Office of the County Recorder.) C. Being Lots "A" (North General Kearny Road) and "B" (Golden Red Road) of Tract No. 21430-1 fled October 21, 1998, in Book 192 of Maps, at Pages 1-9 Inc., in the office of the County Recorder. r.~AGDRIYr~S~14%NGI3iBOLD.A-CC k~xx.xlT 'B' TO RESOLT~I'ION NO. 95- ACCEPTANCE - PORTIONS OF NORTH GENERAL I~&RNY ROAD AND GOII~EN ROD ROAD SEC. 49, T?S, RZW, S. 8.8.~. VICINITY' MAP NTS v\ ,,~TRACTS 22627 AND 22627-1~--, --__.__._ sINT,a eERTRUDrS CI~K .~ .... · 0 .,YlO0 eta .NICOLAS ~0 ____ __ ~NICOT,AR ROAD pwOS'~AG DRPT~9~0314~NGKRG OLD.ACC ITEM 8 TO: FROM: DATE: SUBJECT: APPROVA~~ CITY ATTORNEY FINANCE OFFIC CITY MANAGE CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer March 14, 1995 Acceptance of a Public Street Into the City-Maintained Street System - a Portion of Liefer Road o~' R PREPARED BY: ~ aymond A. Casey, Principal Engineer - Land Development (~Jim D. Faul, Assistant Engineer - Land Development RECOMMENDATION: That the City Council adopt · resolution entitled: RESOLUTION NO. 95~_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY O.F TEMECULA, CALIFORNIA, ACCEPTING A PUBLIC STREET INTO THE CITY-MAINTAINED STREET SYSTEM, A PORTION OF LIEFER ROAD BACKGROUND: In January of 1993, the City of Temecula received · significant amount of rainfall. The floods resulting from those events had an impact on a number of public and private facilities. Liefer Road was severed at its intersection with Nicolas Road leaving homeowners stranded for a number of days. On November 9, 1993, the City Council awarded contracts for the construction of e pre-cast bridge over the Santa Gertrudis Creek via the Liefer Road Bridge and Street Improvements Project, No. PW93-02. The construction has been deemed complete by Staff and on December 20, 1994, the City Council accepted the bridge and street improvements. r:%agd rpt%95~0314%iieferrd.a~p This portion of Liefer Road within the City Limits was offered to the County of Riverside, but not accepted. On December 8, 1992, the City of Temecula accepted the offer of dedication pursuant to Resolution No. 92-92, but did not accept Liefer Road into the City-maintained street system. The Department of Public Works recommends that the City Council accept this portion of Liefer Road street and drainage improvements into the City Maintained-Street System. FISCAL IMPACT: This portion of Liefer Road 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 this portion of Liefer Road should necessitate only limited surface or structural treatments for 5 to 7 years. Sufficient funds are available in Public Works Routine Street' Maintenance Account No. 001-164-999-5402. ATTACHMENTS: Resolution No. 95- with Exhibits 'A" and "B", inclusive. r:~gdrpt~g S%0314~liefered4ep RESOL~ON NO. 95= A I~w. OLUTION OF THE CITY COUNCIL OF THE CITY OF TEM~CULA, CALIFORNIA, ACCEPTING INTO THE CITY- MAINTAINED M.'~tKKI' SYSTEM, A PORTION OF LIEFER ROAD The City Council of the City of Temecula does resolve, determine and order as follows: ~, the legal description for a portion of Liefer Road is set forth in Exhibit ' A" attached hereto, has been offered for dedication,- but not accepted, to the County of Riverside; WIIEREAS, that portion of Liefer Road is depicted in Exhibit 'B' attached hereto; Wt/EREAS, the City of Temecula became suceesson-in-inter~ to the County of Riverside upon Incorporation, effective December 1, 1989; WHEREAS, the Offer of Dedi~on for street and public utility purposes was accepted, but not accepted into the City-mnintsined street system, by the City of Temecula on December 8, 1992 by Resolution No. 92-92; WI/ERF, AS, the City of Temecula accepted the improvements of that portion of Liefer Road as depicted in Exhibit "B" n__n_n_ehed hereto, on December 20, 1994 as Project No. PW93-02; WItEREAS, the City now desires to accept into the City-maintained street system the improved portion of Liefer Road as described in Exh~it "A" and as depicted in Exhibit "B" attached hereto; NOW, THEREFORE, BE IT RF~OLVED by the City Council of the City of Temecula as follows: Section 1. That the City of Temecula accept into the City-mnintained street system the improved portion of Liefer Road as described in Exhibit "A" and as depicted in Exhibit "B" Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 14th day of March, 1995. Jeffrey E. Stone, Mayor ATTEST: June S. Greek City Clerk [S~.~] r:%a~l rpfig SX0314~liefend.emp STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITYOF~ ) I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Resolution No. 95- was duly and re~larly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 14th day-of March,--1995~ by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: r:~agdrpt~,95%0314Uieferrd EXHIBIT *A* TO PI~DLUTION NO. 95- LF-GAL DESCR1FFION - A Portion of Liefer Road (legal desripfion attached) r:%agd rpt%95%0314Mieforrd .atop T,F~GAL DESCRIPTION - A Portion of Ijefer Road Those portions of Ijefer Road as shown on Parcel Map 6276, recorded in Book 17, Page 9 of Parcel Maps, and Lot 'C' as shown on Parcel Map 18022, recorded in Book 112, Pages 28-29 IncL of Parcel Maps, being further described as follows: A 66 feet wide strip of land lying northerly of Nicolas Road (110 feet wide), and being 33 feet either side of the centerline of said Liefer Road as shown on the referenced parcel maps, said strip commencing at the northerly right-of- way line of said Nicolas Road and being lS0 feet in length. The right-of-way corner cut-offs in Liefer Road abutting the Nicolas Road right-of-way at the northwesterly and northeasterly comers of side intersection. JOSEPH KI EXHIBIT 'B" TO RESOLUTION NO. 9~ SUBJECT ACCEPTANCE - A PORTION OF LIEFER ROAD (Plat attached) r:%agd rpt%95~0314%iieferrd.aq~ ITEM 9 TO: FROM: DATE: SUBJECT: APPROVAL ~ CITY ATTORNEY FINANCE OFFIC CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works\City Engineer March 14, 1995 Professional Services with Albert A. Webb Associates for the design of Solana Way Storm Drain Improvements PREPARED BY:/~ Don Spagnolo, Principal Engineer - Capital Projects Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council approve the Professional Services Agreement between the City of Temecula and Albert A. Webb Associates to design Solana Way Storm Drain Improvements for the amount of $20,180.00. BACKGROUND: A request for proposal (RFP) for Professional Engineering Services was prepared for this project for the development of the plans and specifications for the proposed storm drain improvements. The current storm drain improvements along Solana Way consist of a 78" reinforced concrete pipe (R.C.P.) beginning on the easterly side of Margarita Road extending westerly down Solana Way and outletting just west of the Acacia Park Resort apartments. Then the storm flow meanders through the vacant lot and confluence's at the southeast corner of Ynez Road and Solana Way, inletring into two storm drain systems. The two storm drain systems consists of a 54" concrete pipe and 3- 48" metal pipe both of which extend westerly to the west side of Ynez Road and proceed under I-15 to Murrieta Creek. The project requirements include designing the most appropriate size storm drain system that would be capable of handling a 100 year storm flow to connect the existing 78" pipe to the 54" pipe and the 3- 48" pipes. The proposed storm drain facilities will be located within an on-site drainage easements which will be dedicated to the public. The proposals were reviewed and a contract was negotiated with the highest ranking firm Albert A. Webb Associates, for the design of the Solana Way Storm Drain Improvements. The consultant will perform utility research for the project and will provide topographic base maps; storm drain, legal plats for easements, hydrology, hydraulic and soil reports; pot holing and utility coordination; project specifications, cost estimates, and all necessary agency permits as stated in the exhibit "A" of the contract. -1 - r:Xagdtpt\95\0314Xsolanasd.agn FISCAL IMPACT: The total design cost for the Solana Way Storm Drain Improvements is $ 20,180.00 which will be funded by CFD88-12. ATTACHMENT: Albert A. Webb Associates Agreement -2- r: ~dtpt~95~03 14~oknud.egu PROFESSIONAL SERVICES This Agreement was made and entered into this 14th day of March, 1995, by and between the City of Temecula ("City"), a municipal corporation, and Albert A. Webb Associates, a California Corporation ("Consultant"). The parties hereto mutually agree as follows: Services. Consultant shall perform the tasks set forth in Exhibit "A" attached hereto. Consultant shall complete the tasks according to the schedule set forth in Exhibit "A". Performance. Consultant shall at all times, faithfully, industrially and to the best of his ability, experience and talent, perform all tasks described her·in. Paymere. The City agrees to pay Consultant monthly, at the hourly rates set forth in Exhibit "B" attached her·to, based upon actual time spent on the above tasks. This amount will not exceed $20,180.00for the total term of the Agreement unless additional payment is approved by the City Council; orovided that the City Manager may approve additional payment not to exceed ten percent (10%) of the Agreement; but in no event more than $10,000.00. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice. Amendments. This Agreement may be amended so long as such amendment is in writing and agreed upon by both the City Council and Consultant. e OwnershiD of Documents. Upon satisfactory completion of or in the event of termination, suspension or abandonment of this Agreement, all original documents, designs, drawings, and notes prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. Termination. The City may terminate this Agreement without cause so long as written notice of intent to terminate is given to Consultant at least three (3) days prior to the termination date. In the event of termination, Consultant shall be paid for the services performed· Indemnification. The Consultant agrees to defend, defend, indemnify, protect and save harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense cost, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Cbnsultant's acts or omissions under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. - 1 - r:%rfp\026\webb .agrlajp ¸10. 11. Status of Consultant. Consultant is an independent contractor in all respects in the performance of this Agreement and shall not be considered an employee of the City for any purpose, No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder, Term. This Agreement shall commence on March 15, 1995, and shall remain and continue in effect until tasks described herein are completed, but in no event later than March 15, 1996, Default. In the event that Consultant is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating" Consultant for any work performed after the date of default. Default shall include not performing the tasks described herein to the reasonable satisfaction of the City Manager of the City. Failure by the Consultant to make progress in the performance of work hereunder, if such failure arises out of causes beyond his control, and without fault or negligence of the Consultant, shall not be considered a default. Any disputes regarding performance, default or other matters in dispute between the City and the Consultant arising out of this Agreement or breech thereof, shall be resolved by arbitration. The arbitrator's decision shall be final. Consultant shall select an arbitrator from a list provided by the City of three retired judges of the Judicial Arbitration and Mediation Services, Inc. The arbitration hearing shall be conducted according to California Code of Civil Procedure Section 1280, qt sea. City and Consultant shall share the cost of the arbitration equally. Notices. Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows: City: Attention: City Manager City of Temecula 43174 Business Park Drive Temecula, CA 92590 Consultant: Albert A. Webb Associates Attention: Roger D. Prend, P.E. 3788 McCray Street Riverside, California The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the cust. ody of the United States Postal Service. -2- r:\rfp~,O26\webb .egrlajp 12. Entire Agreement. This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto supersede all negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms, conditions, or provisions of this Agreement and any such document or instrument, the terms and conditions of this Agreement shall prevail. 13. LiabiliW. Except as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 14. Licenses. Consultant and subconsultant shall obtain all necessary licenses, including but not limited to, City Business Licenses. The parties hereto have executed this Agreement on the date and year above written. CONSULTANT CITY OF TEMECULA By: By Jeffrey E. Stone, Mayor APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: June S. Greek, City Clerk -3- r:\rfp~026~webb.agrlajp ~r~TBTT ~ TO BE SCOPE OF WORK AND LABOR-HOURS PROJECTIONS Albert A. Webb Associates shall perform all work required for the design and preparation of plans, specifications, and estimates for the Solana Way Storm Drain as specified by the City. Said work shall include, but not be limited to, the following: PHASE I-CONSTRUCTION DOCUMRNTS A . DRAINAGE Since the approximate alignment for the Solana Way Storm Drain is set and the upstream hydrology established, the emphasis will be to determine the hydwlogical impacts of the adjacent 16.6 acres not only in the interim condition, but in the ultimate condition as well. The hydrology will be established by a search of existing records and the use of the Rational Method Computer Model for Riverside County. The hydraulics for this project will center around establishing the branching flowrates. The branching flowrate will be based upon the impacts to the downstream facilities. Once the branching flowrates are established, the storm drain system will need to be checked for three conditions. These conditions include the interim conditions, ultimate conditions, and the case where one branch of the system fails. All hydrology and hydraulic data will be complied into a report for review and approval by the appropriate agencies. Although the impacts to traffic should be minimal, a traffic control plan for construction traffic into and out of the site will be prepared as part of the construction document. Erosion control measures shall also be incorporated into the traffic contwl plan. Plans: Storm drain improvement plans will be prepared on a scale of 1"=20'. The traffic control plan and erosion control plan will be prepared on a copy with the existing street improvement plan. Tentatively the following drawings will be prepared as pan of the construction documents. Sheet Description Title Sheet Storm Drain Plan/Profile Detail Sheet Traffic Control and Erosion Control Plans fist. No. of Sheets 1 2 1 1 TOTAL 5 GRADING Due to the nature of the existing terrain over the proposed alignment, grading will play a critical role in the design of the improvements. A proper grading design will need to incorporate the future needs of the property, as well as interim impacts, all the while minimizing the cost of the proposed storm drain. In order to accomplish WEBB -1 - ASSOCIATES this, Webb Associates will provide the necessary field survey to verify the existing utilities and structures, provide topographical information of the effected area, and provide a benchmark for use during the construction phase. From this information, Webb Associates will prepare the legal descriptions and plats for the storm drain easement and temporary construction easement. It is understood that the City will provide the necessary coordination for the relocation of the Southern California Edison power poles. Webb Associates will provide all utility purveyors with a set of construction drawings at the time of first submittal for review and comment. ENVIRONMENTAL PERMITTING Because of portion of the work will encroach into a blueline streambed, a Section 1601 Stream bed Alternation Permit may be required. Once the project is awarded, consultation with the Department of Fish and Game will commence and the appropriate permits ob~ned. Although it is not anticipated that this project will fall under the jurisdiction of the U.3. Army Corps of Engineers, the appropriate notifications will be made. Erosion control will include non-irrigate eroswn control methodologies only. Final permitting and agreements with the Corps of Engineers, and Department of Fish and Game will be based on the actual design plan. Webb Associates will meet with the Planning Department once the project is awarded to that the City may start the initial study for the Negative Declaration. Webb Associates will also meet with the California Department of Fish & Fame to determine if permitting will be required and if so, what mitigation will be necessary. SPECIFICATIONS Project specifications, contract docments, and bid schedule will be prepared for a complete "turn-key" package incorporating the City of Temecula's Standard "Boilerplate" specifications.. Webb Associates will redline the boilerplate for review and pwcess by the City. Final quantity calculations and final cost estimates for the storm drain construction will be prepared for incorporation into the bid package. GEOTECHNICAL The geotechnical engineering approach to the pwject will be based upon our intent to supply the project engineering and the contracWr bidding the job with sufficient data to design and properly bid the construction for the alignment of the Solana Way Storm Drain. WEBB '2- ASSOCIATES PHASE H--BID ASSISTANCE As part of the "turn-key" pac.kage for the Solaria Way Storm Drain, Webb Associates will provide bid assistance servxces during the bid peflod. These services will include answering questions regarding the projea and specifications, and providing addenda. As an additional service, Webb Associated can provide services for the distribution of the bid package, preparation of a bid analysis once the bids are opened and preparing a recornn~ndation for award. These services can be added and a cost negotiated at the City' s option. PHASE HI--CONSTRUCTION During the construction phase of the project, Webb Associates will assist the City with any questions that may arise regarding the design and specifications. To this end, we nllocated 8 man-hours for this service. As an additional service, Webb Associate can provide services for full-scale construction management and contract administration. These services would include review of submiRals, project coordination, dispute resolution, review of certified payroll, review of progress estimates, preparation of change ordexs and processing the Notice of Completion. These services can be added and a cost negotiated at the City' s option. COST PROPOSAL Our cost proposal is to provide monthly billed on a time and material basis in accordance with the attached Schedule of Fees. Total fees for services detailed in our scope of work shall not exceed $20,180. This cost includes charges for printing, copying, mileage, telephone, postage, outside services, subsistence, clerical services, computer time, elecu'onic distance measuring equipmere, and for coordination or other incidental services. It is understood that the City will pay any fees required by other public agencies for their application processing, project review, plan check, and permit issuance. INSURANCE Webb Associates presently maintains both public liability and worker compensation coverage and is willing and able to meet the City' s insurance and indemnification requirement Webb also carries professional liability insurance of $1 million. A certificate naming the City of Temecula as additional insured will be provided at project commencement. WEBB -3 - ASSOCIATES WEBB ASSOCIATES ENGINE~'~NG CONSUI, TAN'~ EXhiB],I "B" PAYFLEN~ SCHEDULE FEE SCHEDULE CLASSIFICATION Office Enfineerinl Senior Consultant ........................................................................... Principni Eng~r .......................................................................... Project Manager ............................................................................. Project Engineer ............................................................................. Assistant Project Manager ................................................................. Engineer- Designer ......................................................................... Designer - Senior ............................................................................ Designer ....................................................................................... Assessment Engineer - Senior ............................................................ Assessment Engineer ....................................................................... Assistant Assessment Engineer .......................................................... Environmental Planner- Principal ...................................................... Environmental Planner - Senior .......................................................... l=_nvironmental Planner ..................................................................... S95.00 Per Hour 90.00 Per Hour 85,00 Per Hour 85.00 Per Hour 65.00 Per Hour 70.00 Per Hour 65.00 Per Hour 60.00 Per Hour 85.00 Per Hour 75.00 Per Hour 50.00 Per Hour 75.00 Per Hour 70.00 Per Hour 60.00 Per Hour Draftsman - Senior ..........................................................................50.00 Per Hour Draftsman .....................................................................................45.00 Per Hour Support Services Administrative Azsismnt .................................................................. Word ~or with Equipment .......................................................... Clerical ........................................................................................ Field Services Public Works Supervisor ................................................................... Inspector- Senior ........................................................................... Inspector ...................................................................................... 3-Mau Survey Party and Equipment- .................................................... 2-Man Stnvey Parry and Equipment ...................................................... 1-,~an Survey Party and Equipment ...................................................... Elcc:Enic Distancc Measuring Equipment ............................................. Survey/Inspector Vehicle .................................................................. Ours{de Services 50.00 Per Hour 35.00 Per Hour 23.00 Per Hour 60.00 Per Hour 55.00 Per Hour 50.00 Per Hour 175.00 Per Hour 130.00 Per Hour 74.00 Per Hour 10.00 Per Hour .55 Per M. ile Special Coosultants and Purebused Services ...........................................Cost Plus 15% Miscellaneous Incidental Expenses .........................................................................Cost Postage ........................................................................................Cost Prints, Copies, Telephone, Dellvev] Charges ......................................... Cost Travel & Subsistence .......................................................................Cost Mileagc .........................................................................................35 Per Mile Computer Time ...............................................................................25.00 Per Hour NOTE: All rates are subject to chang= based on annual inilation and cost of living adjusnnen~s. *A FINANCE CHARGE of one and one haft Ixrcent (I-1/2%) Ixr moats (18% [xr y~at) ~ b= add~l ,~ any unpaid amount commc,,ciag thin7 (30) days from dam of invoice. A m-,'hanic's lica may Ix: ~lat for any invoice t~maininlt unpaid ~ tsitW 00) days from date of invoice. SCH I1 FONT 12/i/9I ITEM 10 TO: FROM: DATE: .SUBJECT: APPROVA~R~ CITY ATTORNEY FINANCE OFFI CITY MANAG CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer March 14, 1995 Award of Contract for the Moraga Road Street Widening, Project No. PW92-10 PREPARED BY:/f~ Don Spagnolo, Principal Engineer - Capital Projects Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council: Award a contract for the construction of Moraga Road Street Widening, Project No. PW92-10 to Ronald L. Harris Construction for $102,721.00and authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of $10,272.10 which is equal to 10% of the contract amount. BACKGROUND: On January 10, 1995, the City Council approved the construction plans and specifications, and authorized the Department of Public Works to solicit public construction bids. The design of the widening of Moraga Road between Margarita Road and Rancho California Road, includes an extension of a box culvert with an outlet structure, channel grading, road widening and striping. The estimated construction cost for this project was $120,000.00. Thirteen (13) bids for the project were publicly opened on March 2, 1995 and the results for the base bid are as follows: 1. Ronald L. Harris ................. $102,721.00 2. West Coast Construction .......... $109,872.50 3. A.L. Chavez Enterprises Inc .... , .... $109,994.84 4. K.L.M. Engineering ............... $112,265.64 -1 - r:%egdrpt~,95%0314%pw92-10.awdlsh 030195 5. Pro-Civil Engineering, Inc ........... $113,398.85 6. Heritage Engineering Construction, Inc. $114,151.00 7. Nottson Construction, Inc .......... $117,931.08 8. Sean Malek Engineering & Construction $122,031.00 9. Eastland Construction, Inc .......... $130,584.00 10. Shawn G. Welsh ................ $139,927.00 11. 12. Double D. Pipeline, Inc ............ $152,649.00 H.S. Excel Corporation ............ $155,721.64 13. Edmondson Construction .......... $165,317.25 Staff reviewed the bid proposal from Ronald L. Harris Construction and found that the proposal was complete and in order. Ronald L. Harris Construction 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. 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 Measure A. Funds are available for the construction contract and contingency amounts of $102,721.00, and $10,272.10 respectively. The total amount of $112,993.10 has been transferred from the Measure A to the Capital Improvement Fund, and has been appropriated in account #210-165- 625-5804. Attachment: Ronald L. Harris Construction Contract -2- r:%agdrpt%95%0314%pw92-10.awdlsh 030195 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW92-10 MORA GA ROAD WIDENING THIS CONTRACT, made and entered into the 14th day of March, 1995, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Ronald L. HaAs Construction, 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. PW92-10 MORAGA ROAD WIDENING, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (1992 Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Soecifications for Public Works Construction, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW92-10 MORAGA ROAD WIDENING. 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. PW92-10 MORAGA ROAD WIDENING. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over and be used in lieu of such conflicting portions. Where the Contract Document describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed-and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT CA-1 r:~cip~projects~1992~pw92-10~contract/ajp e e 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. PW92-10 MORAGA ROAD WIDENING 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: One Hundred Two Thousand Seven Hundred Twenty-one DOLLARS end 00 CENTS {$102,721.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed ONE HUNDRED & TEN (110) 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. 6. PAYMENTS. Ae Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. Pursuant to Section 20104.50 of the Public Contracts Code, within thirty (30)days after submission of a payment request to the City, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after completion of the work and the CONTRACTOR filing a one- year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITYo Ce 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 i,. CONTRACT CA-2 r:~,cip~rojects\ 1992\pw92-10%contractlajP 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. De 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 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. 10. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. CONTRACT CA-3 r:~cip%projects~1992~pw92-10~contract/ajp 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. 11. TIME OF THE ESSENCE. Time is of the essence in this contract. 12. 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 en~ployees 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. 13. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 14. 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 beer employed by the CITY within one year of the date of the Notice Inviting Bids. 15. 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. 16. 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. 17. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 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 anr~--I convenience of inspectors. All inspections and tests shall be performed in such mann~ CONTRACT CA-4 r:~cip~projects~1992~,ow92-10~contractlajP 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, 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: APPROVED AS TO FORM: CITY OF TEMECULA By: Jeffrey Stone, Mayor Peter M. Thorson, City Attorney .ATTEST: ,"".June S. Greek, City Clerk CONTRACT CA-S r:%cip%projects%1992%pw92-10\contractlejP ITEM 11 APPROVAL CITY ATTORNE~~ FINANCE OFFIC CITY MANAGE CITY OF TEMECULA AGENDA REPORT DATE: TO: FROM: SUBJECT: March 14, 1995 City Manager/City Council Peter Thorson, City Attorney ~ Cable Television Rate Regulation RECOMMENDED ACTION: That the City Council: 1. Adopt the Resolution entitled: RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A SETTLEMENT OF ITS INVESTIGATION OF CABLE TELEVISION RATES FOR BASIC SERVICE AND ASSOCIATED EQUIPMENT 3. Direct Staff to file a Petition for Special Relief requesting that the FCC review Inland Valley's rates for the period after July 14, 1994. SUMMARY On September 13, 1995 the City Council adopted a resolution allowing it to regulate Cable television rates. The Council also directed the City Attorney and the accounting firm of Diehi, Evans and Company to review the rates in accordance with Federal Communications Commission regulations. As a result of this review, the following rate change is proposed: * A reduction in basic Cable TV rates of 43¢ per subscriber. . A credit to each current subscriber of $3.00 for the period of September 1, 1993 to July 14, 1994. Staff is also recommending that the rate review for the period after September 14, 1994 be conducted by the FCC. This will save the City approximately $8,900 for the cost of preparing the report. BACKGROUND OF CABLE TELEVISION RATE REGULATION BY CITY: In 1992, Congress amended the Federal Cable Television Act to authorize cities to regulate basic tier cable television rates. The FCC was directed to develop regulations to implement rate regulation. The FCC issued its initial regulations in April 1993, effective September 1993. These regulations provided a "benchmark" formula for determining the rates e cable operator would charge if instead of being in a monopoly position, it were subject to effective competition.' Cable systems whose rates exceeded the applicable benchmark were required to reduce their rates either to the benchmark or by 10%, whichever reduction was less. The 10% "competitive differential" represented the average difference that the FCC determined existed between the rates of competitive and noncompetitive cable systems. In order to determine if the operator's rates are at the benchmark, the FCC developed FCC Form 393. Through completing Form 393, the operator determines what its benchmark rates are. The City is then responsible for reviewing and approving the "basic tier" rates set forth in the Form 393. The basic tier includes all the broadcast channels. In addition, the FCC regulates rates for the "cable programming service" ("CPS") tier according to the same formula used to establish basic service tier rates. The CPS tier is any package of program services not included in the basic tier and for which a subscriber: must pay an additional fee. The CPS tier typically includes satellite channels such as ESPN, CNN, Prime Ticket and the like. Finally, the rates for all other programming services offered on a per channel or per program .basis, such as HBO and Disney, are unregulated. Then in March 1994, the FCC refined its economic model of competitive rates, concluding that the competitive differential should be 17%. This new model resulted in amended rate regulations, effective July 15, 1994. These new regulations adjusted the benchmark formula downwards, and rolled back rates to the new benchmark or by 17%, whichever is less. The FCC also permitted cable operators the option of justifying their rates based upon actual cost. Since July 15, 1994, Inland has followed the latter rate approach and in August 1994, it filed its new "cost of service" rate schedule (known as Form 1220) with the City. Review of Rates for Period of September 1, 1993to July 14. 1994 (Form 393): The City Council adopted Resolution No. 93-74 on September 14, 1993, directing Staff to certify the City with the FCC as a rate regulator. In response, Inland Valley submitted its initial Form 393 with the City. Burke, Williams & 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. (Attachment B and C.) The Diehi, Evans Report recommended the following rate adjustment. TEMECULA CABLE TELEVISION RATES September 1, 1993 - July 14, 1994 Subscriber Rates Bawic Channels Price Per Channel September 1, 1993 (Actual) September 1, 1993 (Permitted) Rate Reduction II. Eauioment Rates September 1, 1993 (Actual) September 1, 1993 (Permitted) Rate Reduction $11.82 23 $11.66 23 $0.16 Converters Remote $2.55 $0.50 $2.34 $0.32 $0.21 $0.18 $0.513 $0,506 These changes would result in the following refund for the 10.5 month period: Basic tier: $.1 e per month x 9,118 subscribers x 10.B months ,- $15,319.92 Converters: ~.21 per month x 2,800 subscribers x 10.6 months - e 6,174.00 Remote Controls: $.18 per month x 2,700 subscribers x 10.5 months = $ 5,103.00 Total: 12e,69e.92 +interest This works out to approximately $2.92 for each of the 9,119 basic tier subscribers as of March 1994, plus interest of 7% accruing from the date of the original payment. The amount of the interest per subscriber would be approximately ~0.20. A public hearing was then held before the City Council on October 11, 1994 to consider the reports. Prior to the public hearing, Inland Valley's attorneys submitted written objections to the analysis completed by Burke, Williams & Sorensen and Diehi, Evans & Company. At the public hearing, the matter was first continued to November 29, 1994, and then off- calendar, to allow additional time to resolve differences with Inland Valley on the correct rates. During this period Diehi, Evans reran the Form 393 making some of the adjustments requested by Inland Valley's attorneys. (Attachment E.) However, some adjustments were not made, as explained in detail by letter from Burke, Williams & Sorensen to Inland Valley. (Attachment F.) After extensive discussions, Inland Valley has proposed 8 settlement of the rate dispute. The settlement will credit each current subscriber $3.00, representing the period from September 1, 1993 through July 14, 1994. There will be no rate adjustment for this period because Inland Valley changed its rate structure after July 14, 1994. In addition, although normally the City would be required to refund franchise fees paid by Inland associated with the rate refund,. Inland is waiving its right to such a franchise fee. The amount of this franchise fee would have been approximately $1,350.00. ' It is recommended that the Council adopt the attached Resolution ordering a credit of $3.00 per subscriber. REVIEW OF RATES AFTER JULY 14.1994 (Form 1 ~0) On August 14, 1994, Inland Valley filed a Form 1220 with the City to determine its maximum basic service tier rates from July 14, 1994 forward. Filing this Form was somewhat of an unusual step because it uses a "cost of service" basis to establish maximum rates. Most cable operators file a Form 1200, which establishes rates according to the FCC "benchmark" formula. Inland's new rate structure under its Form 1220 is as follows: Baic Tet Rate Cable $11.36 PRE AUGUST 14. RATE REDUCTION POST AUGUST 14, MAXIVIJM FORM 1994 RATES 1994 ACTUAL 1220 RATES RATES $11.60 I 11.36 t 17.74 PonessoW Intent $ 0.46 $ 0.00 I 0.00 $ 0.00 Tax TOTAL S 11.82 S 11.66 $ 11.36 S 17.74 This rate schedule means that unless the City disapproves the rates contained in the Form 1220, Inland will have significant discretion to increase its rates up to 50% in the future. The cost to the City for preparing a report analyzing the Form 1220 would be $8,900. However, while cities are responsible for review of benchmark rates, the City may request special assistance from the FCC to evaluate cost-of-service showings. Normally, the City's petition must be filed with the FCC within 30 days of its receiving the cable operator's cost-of-service showing. However, the City may still Petition the FCC to review the Form 1220 at this time. To avoid the cost and expense of a City review, Staff recommends the Council direct that the FCC be petitioned to review the Form 1220. If the petition is denied, the Council can then consider whether to review the Form 1220. FISCAL IMPACT: None. ACTION DOCUMENTS: A. A Resolution regarding cable rates SUPPORTING DOCUMENTS: Letter from Burke, Williams & Sorensen, dated September 29, 1994 Report from Diehi, Evans & Company, dated September 21, 1994. Letter from October 6, 1994 and November 9, 1994 from Inland Valley's Attomeys (Cole, Raywid & Braverman) Revised Form 393 from Diehi, Evans & Company, dated October 18., 1995. Letter from Burke, Williams & Sorensen, dated November 21, 1994. Settlement Proposal of Inland Valley, dated March 1, 1995. A~A~ A RESOLUTION NO. 9~- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TI~iECULA DISAPPROVING THE CABLE TELEVISION RATES FOR THE BASIC SERVICE TIER AND ASSOCIATED Eq~ AND INST~-LL&TION CHARGES OF INLAND VALLEY CABLEVISION, AND ORDERING A RF, FUND FOR EXCESSlYE RATES FOR THE PERIOD FROM sEFrEMBER 1, 1993 THROUGH JULY 14, 1994 WHEREAS, the City of Tcmecula ("City") was certified to regulate rates for cable programming services and equipment pursuant to the Cable Television Consumer Protection and Competition Act of 1992; WHEREAS, Western Communications, dba Inland Valley Cablevision ('Inland Valley') holds a franchise to operate a cable television system within the City; WB'I~,EAS, on or about lanuary 26, 1995, Inland Valley filed its Form 393 with the City seeking approval of its maximum initial permitted rates for regulated cable programming services and equipment; WHEREAS, the City has obtained reports dated September 29, 1995 from Burke, Williams & Sorensen and September 21, 1995 from Diehl, Evans & Company, analyzing the Form 393 submitted by Inland Valley; WHEREAS, Inland Valley has submitted a response to the these Reports, by way of a letters from Cole, Raywid & Braverman dated October 6, 1995 and November 9, 1995; WHEREAS, Inland Valley has extended the time for the City to act on the Form 393 to March 31, 1995; W!~-REAS, Inland Valley disagrees with the City's analysis of its rates, but in order to avoid the necessity for an appeal to the Federal Communications Commission, it has proposed a settlement by way of letter dated March 1, 1995; WHEREAS, the City Council has held a public meeting pursuant to Sections 76.935 and 76.942 of Title 47 of the Cede 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 WmmEAS, the City Council has considered the testimony received during the public meeting and the reports and leUer described above; WHEREAS, the City Council agrees to the settlement proposed by Inland Valley of the outstanding issues regarding application of the Federal Communication Commission regulations governing basic service tier ra~ and the associated equipment and installation charges for the period from September 1, 1993 through July 14, 1994; NOW, TIn~E~, THE CITY COUNCIL OF ~ CITY OF ~TI~IF_JL'~LTLA DOES RESOLVE, DETERMINE AND ORDER AS FOT~LOWS: Section 1. For the period from September 1, 1993 through July 14, 1994 during which FCC Form 393 governed the basic service tier rates and associated equipment and installation charges, Inland Valley shall credit Three Dollars installation charges, Inland Valley shall credit Three Dollars ($3.00) to current basic tier subscribers. Inland Valley shall provide the credit no later than 60 days after the date this Resolution is approved by the City Council. Further, as pan of the settlement, Inland Valley waives any claim it has to a refund of franchise fees on that portion of the franchise fee that was paid on the credits to subscribers. Section 2. By accepting Inland Valley's proposal, the City Council finds and declares that this settlement represents a resolution of disputed cJnims and is not to be construed as representing an admission of liability by Inland Valley. The City and Inland Valley, however, intend to achieve a rapid and final resolution of their dispute, rather than await the results of a protracted FCC appeal. Section 3. 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 rnnk-e copies to this decision available to the public at the office of the City Clerk during normal business hours. Section 4. This Resolution shall become effective as of the date of adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula at its regular meeting held on the 14th day of March, 1995. ATTEST: Jeffrey E. Stone Mayor June S. Greek, City Clerk ~ s, 1995 2 STATE OF CALIFORNIA ) SS COUNTY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, DO I:[HRF-RY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of said City Council held on the day of ,1995; by the following roll call vote: COUNCILMEMBER: NOES: COUNCILMF~MBER: COUNC~MBER: June S. Greek, City Clerk ~,rch S, 199s 3 ATI'A ~ B LOS MOOD ORqCS lllWtSTSIXTHS'fiIET surri2s40 Los MOBS. CAUIIO MM 90017 (212l VBrnJnAG04JNTYOIVlCE 2310fD~ _ 2~A-DIIM lUfltl C~tg#~ :'~ GN.FOIINIAI,let0 lOllle/.,,lal LAW OFFICES /" BURKK, & ~A ~ ~ ~1~ ~ l'1141 75E4648 Sept~mt',e: 29, 1994 LMHTONKAZA 73O0 Cm. LM~ 804A,fVMO OVBILMO ~ K. MIM 06210 111313384:00 Mayor Ron Roberts and M~-ws of the Clty Council CITY OF TEMECOLA 43174 Business Park Drive Temecula, CA 92590 Re: Cable Television Rates for Basic .Service Tier and Associated-E~uipmant of Inland Valley Cablevision Dear Mayor Rober~s and Cit7 Councilmembers: In 1992, Congress enacted the Cable Television Consumer Protection and Competition Act of 1992 (the e1992 Cable Act"). One of ~he 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 F/rs~ Report an~ Order, which went into effect 'on September 1, 1993. Temecula's cable operator, Inland Valley Cablevision, like 211 other cable operators' throughout the nation, instituted a - new rate structure on September 1, 1993 in order to comply with the FCC's ben~m~k 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 regulh=ions. 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. September 29, 1994 Page 2 Burke, Willi~m-~ & Sorensen, with consulting services from ~he accounting firm of Diehl, EvanS., has reviewed ~he cable television rates contained in Inland Valley's Form 393. The Repor~ of Di~l, Evans is attached. 'It is our conclusion ~hat Inland Valley Cablevision's rates in Temecula ere in excess of ~he rates permitted pursuant to FCC Regula~ons, and that a refund is in order. Conse~ently, it is reco~ended ~hat ~he. Cit7 Council adopt ~he enclosed Resolution entitled: "A Resolu~ion of ~he Cit~ Council of the City of Temecula Disapproving ~he Cable Television Rates for' Basic Service Tier and Associated E~uipment of Inland Valley CableVision, and ordering a Refund for Excessive Rates." The principal effect cf this Resolution is to reduce basic tier cable rates. This means ~hat 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" ra~es, along with installation and equipment charges. The "basic tier" of cable service includesall broadcast television channels, any public, 'educational and governmental channels required by the franchise end 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 ~ubsc~iption 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 c~mplaints with the FCC ;if they balieve rates for the second service ~ier (known as the cable progr~n~ng service or "CPS" tier) ere unreasonable. The CPS tier typically includes most satellite channels, like CNN, WTBS and Prime Ticket, but excludes 'premium and pay-per-view channels. ORANGE: 1535.1 September 29, 1994 Page 3 Once Temecula became certified to regulate rates, Inland Valley Cablevision was re~xtired to file a rate schedule with the City -- known as a Form 393 -- to obtain Cit7 approval of its basic '. tier rates. Essentially, the Form 393 takes the operator through two steps to establish -~-um ra~es for the basic service tier and . for equipment and installation charges. First, the .qv~.- rates for e~uipment and' installation are de~mrmined ~---a upon actual cost plus a reasonable profit. These -mv~um rates are 'efcablished 'by determining the capi~al -costs and expenses- essocia~ed with each tTpe of equipment (e.g.. converter boxes, remote controls) and.service (e.g., installation for unwired and prewired hcaes). In par~ficuler, an ehourly service chargee is determined, The hourly service charge represents the cable operator's hourly labor rate for performing the various tTpes of installations. For example, if ~he hourly service charge is $27.14 (the national average) and its ~a/ces 1.25 hours to ins=all service at a .prewired home, then the ~v~mum service charge for installing service at a prewired house is 1.25 x $27.14 w $33.93. Second, ~v~um basic service tier rates as established. The Form 393 is designed to squeeze out emonopoly profits' from subscriber rates. To do ~ , the Form 393 uSes a series of worksheets to determine if rates need to be reduced, and by how much. Three factors ere used to determine benchmark rates: n,m~er of subscribers, n-m~er of channels, and number of satellite signals. Then, if the actual cable rates ere below the benchmark rates, the current rates become the maximum regulated. rates, whichever is less. Mor~ recently, the FCC has ~eplaced the Form 393 with the Form 1200. This new form was a result of the FCC's March 30, 1994, Seoond Re~or~ and Order, in which the FCC concluded that its original determination ~hat ratss should be reduced by an average of 10% was insufficient, and that ra~es 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, end on that same date, Inland Valley Cablevision, like cable operators throughout the nation, readjusted its rates. September 29, 1994 Page 4 However, instead of setting benc-hm*wk rates, Inland chose ~he option of basing its maximum permitted ra~e on a cost-of- service showing- The FCC also adoWad on March 30, 1994 cost-of- service ra~e r~alations to provide a usalet7 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 curtly uPPerway at the FCC. Only ~he cable operator, not the FCC or the City can decide, whether to undertake a cost-of-service showing. Cost-of- service showings must be submitsted on FOC Form 1220. Inland s~t~ed .its Form 1220 to-the City on Augfret 15, 1994- ' A very brief s~ry of the impact of rate regulation on Temecula is attached. A more detailed explena~ion 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 For~ 393 disclosed ~everal material errors in set~cing the basic tier and equipment and installation rates. In starry, Diehl, Evans found as follows: 1. Basic T~er Rates. On September 30, 1992, Inland offered two service tiers subject to regulation: =he 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 possesscry 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 i~s Form 393, claiming a maximum permitted rate for basic tier service of 211.87- (All of these rates include the $0.46 pass ~hrough.) Diehl, Evans' analysis concludes ~hat Inland's Form 393 conta ins a n-~er 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 80.16 per month. OeANGE:1535.1 September 29, 1994 Page 5 2. ~.au4Dment and Tnstal 3ation Rates. FCC Regulations set ~he maximum equipment and installation rates at ~he lesser of =he maximum permitted rate according to ~he Form 393 or the ac~cual rate. In ~his case, Inland's equipment rental ra~es exceed i~s permitted rates. Specifically, Inla~'s equipment and installation rate schedule will be adjusted as follows: Permitted Lower of Actual or Permitted Rate Hourly Rete Installation homes of unwired $44.52 $44.50 ~44.50 44.52 44.50 44.50 Installation of prewired homes 29.83 29.82 29.82 Installation of additional connection at' time of initial 11.13 11.13 11.13 Installation of additional connec~cions as separate installation New install nndergronnd Tri~ cha~e Charge for changing tiers 22.26 22.25 22.25 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Monthly charge for lease of remote control ~0.32 0.50 0.32 Monthly charge converter box of 2.34 2.55 2.34 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. w. stab~sh~na Maximum Rates, The basic service tier rate for the period from September 1, 1993 through Jttly 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 The --x4~um equipment and service charges should be set at the lower of the permitted and actual rates. 2. Refunds. .FCC Regulations provide t hat 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 Sept~m~.rl, 1993 ~-½roughJuly 14, 1994,- it is required to act by September 1, 1994. Unfortunately, in order to complete our review o.f Inland'srates, several document requeSts were necessary, delaying completion of thereview. Consequently, refund liability is from October 11, 1993 through July 14, 1994. In t his case, Inlandwas 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 convertersboxes 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 83.51- Nltr~her, 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: ORANGE: 1535.1 ~ ~ September 29, 1994 Page 7 A. 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. Co When the City orders a cable operator to pay refunds to subscribers, it also must return to the operator ~hat portion of the franchise fee that was paid on the total amount of the refund to subscribers. The City must promptly return ~he franchise fee overcharge either in an immediate lump sum payment, or Inland may deduct it from futlxre franchise fee payments. In conclusion, the FCC Regulations require ~hat the City Council conduct a public hearing at which Inland may testify before any of the above actions ere ~aken. I will be available at that public hearing to answer any questions the City Council may have. Very ~xly yours, CO-' Peter Thorson, City Attorney; William Morgan, CPA SCOTT F. FIELD of BURKE, WILLIAMS & SORENSEN ']DmHL,EVANS &COMPANY 18401 ~ KARMAN AVE. SUr~O litVINE. CALIFORNIA 9271~!~2 PHONE OH) 7~-?'/00 FAX0'I4) 7r/-2207 Scptemb~ 21, 1994 INDEPENDENT/M3COUNTAN'I~' REPOKr ON AGI~K~n-UPON .IIMrrl) P~URES REVIHW cuy councu City of T~n-c-!,, California Wc have applicd certain agEcd-upon procedures to the accounting records of Western COmm',nic=tiOIl. Otff pwccdures and finHin~ are DOII~i he~ilL It is unde,~ood thai rhi_~ report is solely for your inform~"on ami is not to be ~ m or distn'buted for any puxpose to anyone who is not ~ m--nbcr of Cky Council or ~ of the CL'y of T~nec,'n, or an cmploy~ or public ~ ~ ~on vall not I~ ~ ~ the procedures we pa'fonn~ do not corr~r~tte an er~mirnrion in accordance with gen~'aily ac.c~ted auditing standards, we do not expz~s an opinion on any of the accomns or items ~ to h~r~in. In connection with these p~, exert as noted her~ no mam:rs came to our amman tim c~nsed us m believ~ that o~zr spccif~ accounts or in:ms should'be adjustS. Hov~ver, had v,~ performed additional procedm~, or had we made an e~min~HOn Of the flxJaJJchI sxatemcm of Western Commuuicalious in accordance with gcuerally acccp~ ,,,didrig standards, oth~ lllai~rs miSh.t have cozne tO OIlr aRe~oll that v, uuld have b~n r~po~ w. you. 'Iluis 'zpon zlams only to th~ a~otms ami ~ ~ h~x~in, ami do~ not ~n=nct to the fin,.,ei,,S sr~temern~ Of We, Rern COmm,rnlC~tiOIlS IJk~ as a whole. Although der~k~rions and similar ~ties may occasionally be di~losed by ,hi, LIpe Of -en~g~leI!t,' it iS llOt ~'i~ for ~ pttrpos~ atld shotlid llot b~ t~lied llZpOn ID discJose fraY, should any e~dst. OTHER OFF[CFES AT: -1- ,"965 ROOSEVELT CAJ~.aA9Z00&Z}~9 (6191 729.2~3 FAX 6619) 729.2!34 61 :} W. VALLEY PA.q.IC~'AY. SIjTr~ ESCOND IDO. CA 92025-2552 |619~ 741-]141 FAX (619~ ~41-9890 · : SUMMARY OF PROCEDURe_-' :. We applied t!~ foilowenS procedures to the accounts and x~cords of Western COmmu~liCa~0IB, hcrcimfter xtin~ to as 'Wesr~n': We co-,:,atcd Ch=rme! liJJe-UpS and cable rims of Western as of September 30, 1992 and SeptzlJlbet-1, 1993. (See, h~nle 1). We compared the ~rnher d Ch=n~h and cable rar~s on the City of Temec-h with other selected Southern California cable TV systems. (See S,'h-d-le 2). e We c. omt:}~w'ed eq~,il-'-,"'~' and .h~,~l'l.Hnn rates for Western wi~a other sclectea Southern Ca,]ifom cable sysmms. snd with a'q,m'mSe rams from a survey of 147 cabl~ ~ campiled by the Natiaiml Aqeci~ien of 'i~leco, .....,,,,i,-~tions ~ and Advisors (NAI~). (See ~-,t.~.. 3). We xeviewcd KC F. onn 393 (ss pmpsx-cd by Wcstc~ m ~e~,~i-e if ~ fonn had bc=n' compl~ acca~ aud in sccordm= widx F-CC re~mu,Ho-~ and rsm tables. Our xeview irr. l,,d,.,~ the ~llowing p,xx~hxcs: We agreed key fjn,nci,! and robsrotor d,~ on Form 393 to the books and records of Western. Our procedures inchuicd a review of channel cards, a review of sample cuswmer bni-% vouchi~ of lmxv. base invoices ~ m the acquisition of xemou= conn-ols and conyerror boxes and a xeview of We~'s v, orhhee~s mpponi~ their We recou~ulr..d and compszed the 1~ ..,.,h...=..1,.- Ch.,m"--I rams as of September 30, 1992 and Jaunary 3. 1994 (the initial dm of zelp~ladon) with the rates xcponed on Form 393. We px~-pared a cou~,xcln~vc lexer m We~ern manaEemen~ seujng forth questionable areas in the comp. tnadon of Form-393. We bad various phone conferences with Wesun officials x'eJnxdi~ these mamn's. .. SUMMARY OF FINDINGS ,. ~ On September 30, 1992, according to Worksheet 2 of the original Form 393. Western offered 36 channels RDder tv~ ~ for $18.28. Based on our review of the Channel card, Western was a_cm~lly offering 37 Ch~nrk~,L~ at Septl:3zlher 30, 1992. ALSO, the ac~Lla] price for both tiers was $18.74, a $0.46 ~. Western "passes through" the County · ~ back to the basic tier rate. (See- .~-~,ie 1). Accorai%~ to Wozksheet 1 on'the o'ngixal Form 393, Western offered 4~ ~h,,rr,-ls under two tiers for $20.29. Hover.r,' Wcstcm's channel 'card, which listed 45 Ch,nn-lS, intHc~ted that no ~ing was asm'lable on tv~ ChsmnelS.. ,au:corah~_ly, our x~ised F. ogm 393 rcfiecls 43 Ch~m~,*~. Also, ~ za~s on Wo,uh-_-- 1 have bccn 'adjusted to the aCmsd rate in ~ on the *initial da~ of l~d,!lioz* plus the $0.46 pt'O[~Cy lax pau-rln*oug~ (See S,..h,,an~e 1 and the ,41.,~-.-,~sicm at pgr~gr~h 5 below). Before adju~bxxenls ,eco,..,~w.~ded in this zepo~ time average price per Ch~rrnd for tbc rgm tiers decfused only $.01, or 2.0%, frmn ~ 30, 1992 m Septtuber 1, 1993. 4. Schedule 2 presents a compazison d the nmnb~ of ch=~n-.).~ and basic cable rat~ on the City of Tern,c-i= with other selected Southern California Cable TV systc~ as of September 1, 1993. The City of ~.mPc~='s per chasmel rate of $0~516 and ntc. of $22.19 for 43 Ch=nnH-~ is zessomble, and is in line with other Southcm California cable systems. 5. In com3ection ~ our xeview of Form 393, we rnod~ the fonowing adjusunen~: a. Worksheet 1, Line I01: On Work~heet 1 of the original Form 393, as fried by Western, the Tier Charge for the Basic Iier was zeponed as $12.88, and Tier 2 was x=portcd as S7.41. As further explained below, the Basic Tier mount should have been $11.82, and Tier 2 should bare been $10.37. - Under cable zegulations issued by the FCC., the "hilil date of x'eg-t,rion' is defined as,theda~ofl~~~~is~j~m~on'..Accord~to47 CFR Section 76.922Co)Cn~(c)C2), rids-da~ is when the City sends a ~ notice to fi2ccablecableoperawrthati~iscerdfied~x~'~mlazgx'azes* Generally,~Ci~aiso notifies the oFc, ato, at this time that it has 30 days to complete and forvarcl Form 393 tothe City. On January 3, 1994, .the City of Trmecni~ s~n notice m Western what it was certified by tbc FCC to zegulate basic tier ntes. On Jannary 26, 1994, Western forwarded Form 393 to the City of · ec,,!a. Th~ cable rates, rnrrnhCr of subscribers, en:. used on Worksheet 1 of Form 393 should have been as d Jamm'y 3, 1994. -3- :.IMMARY OF FINDINGS (CO NT~ ~ 5. (Comim~ea): a. Worlcshcet 1, Line 101 (Condm~ea): In zevi=~ the FOnn 393 from ~ we nou~cl that the uble mrgs and number of $,bscribers used on WoAsbca 1 for the 'Inidal Date of Rc&m}=fion' vdere as of a da~ prior w Scpzmber 1, 1993. Accordingly, in the xevised Form 393, as presemed at ,~-h~nle 5, the smnUD~ fDr Wor~h~et 1 were zgcomlqlted US{nE cable mrgs in effect on or afrgr Sep~znber 1, 1993, plus the $0.46 property ~xx pass-through. · b. WoAstza 1, Line 104JWor~h,'~ 3, Line 301: On the oriSinal Form 393, the amomg zcl~o,~r,d on WorVeh~---X 1, I.iz= 104, was $46,866, and the -mo--r ,~,f,~ on Wordbeet 3, ~ 301, was $17,717. These. mnom'~ .should be s-h~,,,i;~lly the same, as explained below. . On November 10, 1993 the PCC issued a 'Public Nodcc' e~r~iea. "Questions and ~ on Completion of F-CC Form 393 and Associated l:ni~ Requit~um~". Quesdon No. 7 dear with ~moun~s m be zcponed on Lines 104 and 301. The answer E) rhi_~ quesdon razed, in pan: 'Where operators have x~ucun~d equipmen~ razes as of Sep~unbcr 1, 1993 .... we mmld ~rn~cipatc. ~bat in mos~ cases, absent spech~ circ~tm-e~rr~s, o~arox~ win en~r on Line 104 the same, or nearly the same, -,rmher on I,inc 301". 'Accordingly, in our vzvised Form 393, we have used $16,509 at both Line 104 and 301. c. Worksheet 1, Lines 121 Through i28: Liuc 121 The benehrn=~ cable ra~ is a fuucdon of tbe'zv. unber of sar. ellirgs ch~n~e,-~ in zrJadon m the mud of an ch~-~t% ~tni-,~ a ruble developed by the F-Ca Based on ~be ido .... =,;-n supplied by Westgin, at ~be dam of ~ zeguladon, using a ram1 of 43 Chr. nnel-% 28 of which ~ere s=Te!lk, r, tbe I:gark,,,.rir ~!Cnl~,t~On would have been $0.524. ~ The insuucdons that accompany the FCC Form 393 c. lc,,hte the dme period factor as 'the munb~r of whole mmgbs from September 30, 1992 m the daze the cable operator subrain the FCC Form 393." Thedome, dxis munber vades accOrdi-~ m the date of submi-~ion of each cable operators. fimin~. The date of filin5_ was January 26, 1994. The whole months from September 30, 1992 ~ Jazmary 26, 1994 mnl~ 15. 5. (Continued) d. Worksheet 2, Line 220: Line 22O The be.e-hr,~Ic cable mm is a fun~on of the munber of satellites channels in x=lation to the wtal of all ,.h...~i.% ..'H~ a ruble developed by the FCC Based on the infor/--don sul:~plied by ~ for Seprmnber 1992, using a wml of 37 channels, 24 of which were ~rellh.~., the benc~ ~!~,Isrion v,~uld have been $0.590. Based on the ad~,~me-r-~ a{~,.~se~ above, and based on our revised Form 393, as tn~--tea at Se. heo%!e 5, ~ m,rlm-.t permh~*d rate for the basic service tier should be decreased fUmx $11.82 ($11.~ as e~pu~ by W~ plus S0.46) m $11.66. P, ccommend~rion: We suggest that the rate for the basic serfice tier be rr. duccd from $11~82 to $11.66, =active ID September 1, 1993. This will zr..sult in a rate reduction of $0.16 per subscriber per month. Nou~i below is a co,,,pa~lson d the remote ~x~l charBe, conver~ bc0c charEe and hourly service ctmrge for the Ci~ of-Tern,~l, with the Nmional avenEe for 14V cable ~ (as published by the Nadonal Assochtion of Telecomm-nic~rions Officers and Advisors, or NATOA) and with certain other Southcm California cable sysmxns. Ci~ of T,~.ec~ ~) Charge For P, cmote Hourly Comzol ConvrzEr Service C'h.~-e Box Charme $ 5O $ 2.55 $ 44.50 National Average 2.00 27.14 City of AttBmb~ (r~,co,.-) .12 1.65 20.00 City of Cosm Mesa (CopleylColony) South Oran~c,e County (Dimension) .27 1.70 38.09 .16 1.96 24.00 -5- SUMMARY OF FINDINGS (CON, ~rED) 5. (COntinned) f. Equipmcnt and Installation (33az~ (Condmzgd): On F-onn t9'3, .~-h~h~le C, ~ ~ a 'gross book cost' for remote conu. ols of $21,70t for 2,725 unixs, or a cost per ~ of $7.96. This amotmt appears 199t, alax~ xmxnbcr ofuuixs wex~~ at aunit pricc of $'/.00, plus salcs tax Heveet. in out oVinion, the ~,,c;-i,~o~ cb=ge on ~ mo~ ~h ~ mt ~b~. ~ ~ ~tce~t~ ~ ~ ~!e C ~ $10,852, or ~ ~ ~ht~ ~ ~ ~. A ~-~ ~ ~s ~o~le. ~~y, h o~ ~u~ ~m 3~ ~ ~c 5, ~ ~ ~ a ~hblc ~ AJ$O, OD FOrm 393, Part m; Stq) C, Lille 9, Ollt zeqrijw itdieet, ed that the twwnbPr of m~;..,:n,.~e and service hotas related to the ternore connoB should be 104 horus. rather than 124 hours. (.See: .,e~-~!c 4). As a result of these adjustments, v~ -eco,,,,hend that the charge for a temo~ control be decreased from $13.50 to $0.32. On Form 393, Sch~b,le C, Western xeported a "gross book cost" for converter boxes of $389,983 for 2,725 unhs, or a cost per ~ of $143.11. A ,mh: price of S143.11 a~,lxats ..Ar.c~ive when compared with 1993 pttmbasc inwiccs. (Durin~ 1993, most convorggr bex~s ~c ~ at pricu tangh~ fzom $116.00 to $120~00, ir~,l~alng adjust.mc;.t~ to SCh~hde C: _ .,~VIARY OF FINDINGS (CONT1 !. J.~ 5. (Continued) f. Conv~ter Box Chan~ (Continued): ~ origimny Repormd $ 389,983 ~,~'orm-lated Net Book Deur~ciation Value ROI Cm-mm (At 11.25%) Depr~iation S 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, Pan Ill, Step D, Line 16. our review i~ic-ted that the number of mni.g~'~.n.-*e and service hottts zelated to the converter boxes should be 312 hom~ rother than 37t houn. (See ~herbde 4). As a re, suit of the~ adjustm~ts, w~ xccommcnd that tl~ cha~ge for a converter box bc ~ from $l.55 to $2.34. Hourly Service Chax~ The hourly service char~ was com~ in the fono a .Annnni COsts for M~in~-~e add Tn,crnllRriOn $129.657 Total Labor Hours 2,912 Hot~ly Service Charge $ 44.52 In reviewing this C~lCniSHOXt, the ntmlb~ of labor hours appeared to be low bas~ on a ~ count of 8,656. (Plusc nomd that an inct'u~ intbe mmlb~oflabor hot~ would cause a decrease in the hourly scrVic~ charge.) Upon inv~gation, we v,~re informed by WcsI~.. m'mL'~memr that Inland Valley Cablcvision chsxlu customen only for thne that ti~ irtr~nsdOn 1~,~om3cl azc at the custom-r's home inchnled. By conn'a~ most other cable ~rs coxnpun: the hourly rate, and charge customers, based on an 'average cost method" which includes u-a~l and othcr cveffiead hours. Also, many other cable opcrato~ have a separate "trip charge" in addition to their smtxtard instaUadon charges. (See Schedule 3). If, in fact, Western is chargi-~ customcn only for hours spent at the customers home, and not for xzav~l and preparation rime, then v~ agx~ that the $44.52 rate per hour is x~asonable. I-Iowevcr, the scopc of this en~gemcnt did not include a rcvicw of acm=l rime charges included on the bills to TcmecuLa subscribers. -7- SCH~snUI~ ~ CITY OF TEMECULA COMPARISON OF CHANNEL LINE-UPS AND CABLE RATES AS OF :sP.t,f~MBEE 30, 1991 AND SEPTEMBEE 1, 1993 Descripdon Tier 1: Total Price per c~m~,! ~icr 2: Total channels Price per ch.m~! Totals for ~ierland Tier 2: Total Chlun~ls September 1. 1993 Channels Pricing 14 $ 12.31 23 $ 11.82 0.879 0.513 23 6.43 10 10.37 0.279 0.518 37 $ 18.74 43 $ 22.19- $ 0.5O6 $ 0.516 Unaudit~d; see ind_cpenden~ accountann' r~:po.n on _agr~d-upon limi~:i procee-urcs review. -8- SCIq'~Y}UL~ 2 ~ COMPARISON OF CABLE TV RATES FOR VARIOUS SOUTHERN CALIFORNIA crrIEs A~ OF 5~2q'P./~ER 1, i993 c~ (Cable Ooerator) Basic Tier Second 'tier Number Rs~ Basic Number Rate CPS of Per Service of Per Service Channels Channel Ram Channels Channel Rate 23 $- .513 $ 11.82 20 $ .518 $ 10.37 .National Average 20 .551 11.09 - City of Alhambza (Crown- c'.,e~om) 29 .456 13.23 25 .456 11.40 city of (Cent) 36 .715 25.75 6 .568 3.41 cky ofsuena Pa~ (corn=st} 33 .293 9.65 19 .750 14.26 City of C. rardcn Gzo~ (hngon~ c~ty of Lakewood (Colony) 33 .349 11.52 26 .349 9.07 City of LonS Beach ~CV~ 26 *537 13.95 18 .425 7.65 ckyofonn~ (Cablevision) 21 *534 11.20 20 *534 10.70 City of Paramount ~ (Co,,t;,., ,,,n!) 21 .406 8,53 27 *505 13.64 South Orange County (Dimension) 28 *523 14.64 16 *506 8.10 city of Yorba Unda (Jones Spacelink) 33 .423 13.96 20 .450 8.99 Unaudited; see inde.~dent accountants' v-pen on a_~ml,upon limit~i procedures review. -9- (Cable Orerarer) City of Te,-ec, a~ National A~-rage City of (Crown- Cencom) City of Ci~ of Buc~ l~k (Comcs ) City of ~ Grove (l - son) Ci~ of (Colony) Ci~ of Lox~ Bes~h (Cablevisio-) City of Pamr-oum South OnnSe County (DimensiOn) City of Yorba Unda (lones Spacelink) SCHEDULE 2 :, ) COMPARISON OF CABLIE TV RATES FOR VARIOUS SOFITIERN C~T-mORNIA C1TIES (CONTINUED) AS OF S~,FI'~IB]~R 1, 1993 Total - Both .Tiers Number Rate Basic of Per Plus CPS ("~hntm~i.~Channel Rate 43 $ .516 $/1.19 54 .456 24.63 42 .694 29.16 52 395 23.92 62 .343 21.25 59 .349 20.59 44 .491 21.60 41 .534 21.90 48 .462 22.17 44 .517 22.74 53 .433 22.95 Unaudked: s~ ind.epend~m acco,lnta~' n:port on agr~,d-upon Hmir. L-d proc~'dures ~view. crrY OF TEIvlEULA CO1VEPARISON OF EQUIPMENT AND INSTAIiAIION RATES FOR THE CITY OF TI!IvIFL"ULA WITH u[H~cK CABt-R TV SYSTEMS AS OF 2iEFI'EMBER 1, 1993 r~escrivtion rrzl,,ip~, City of T--,,.c,,!~ City of ~ South Orange (Ini~ Valley) fCoplev/Colonv) County (Dimension) -Hou~ Amount Horus Amount Hours Amount From Natiom. l Sm'vev (Nou~ 1) Average Horus Amount control ~baaces tt~'-tl~plon $ .50 $ .19 $ .16 $ .25 2.55 138 1.96 2-00' Hourly service 44.50 31.44 24.00 27.14 Unwizd Home - Initial lne~ll~r~On- · Und~gro~ 1.0 44.50 1.,3 39,30 1.43 34.34 1.56 39.9~ - - 2_33 733.5 - - (Norg 2) Prewized Home Additional Outlets: · With initial insullation · Sqasram irt~'r~llRtiOD .67 29.82 1.0 31.44 .60 14.72 .92 23.29 .25 11.13 .8 26.09 .,?.5 9..81 .55 14.0I .50 22.25 1.0 31.44 .55 13.08 .88 22.43 Odin- Charges: Charge for ; eh-qgjr¢ tim 1.99 2~00 - - 17.38 Trip charge - 26.09 - (Note 2) Note h ~ hours and dollar mounts at~ "averages" fz'am a national survey of 14~ cable system-,. The amotmt were compiled by the National Association of Tcl~.ommuuicadom Officers and Mvisors (NAII~). Note 2: This information was not available in NATORs survey. Unaudited; see independent acco'untants' rep, on on a_m'eed-upon limited procedures ~view. -I1- MAXNTB~ANCB AND RBPAXR HOURS /UNE 30, 1993 1-'e~ecvt.~ - 20 ~- ~IZ Ho,.,A.,f Unaudited; sec independent accountants' report on a_~-ed-upon limizd procedures review. -12- Sc~',~nULE s crrYoF~ FORM 393, AS REVISED BY DIEIlL, EVANS AND COMPANY FILE NAME I.-~99~ACCTG~8'J~PC. /,, FGC 393 - PART I REQUI=ST FOR CABLE RATE APPROVAL COVER SHEET Community Unit Ide.~;e;,--tion Code CA ~ d Cable Openmr llqlj, ND VAT _V_~' CAmJ~(ISION Mm~linZAddress Bl)zte: 21 -Sep--94 c,~ Penon to mntsa rqm~iiq this form IState Tek'pbon~ Local Fr--,'u,;,;,,g A~.odty CITY OF TEMECULA [~'PCode City I S~te { ~ Code This formis being filed wiffi respe~ to: IX] hsic rate rapistion ["'i cable pr%,--.----:..~ $,zvi= mt~ rexelation If this form is being fikd h response to a complaint about your cable programming service ares, please attach a copy of the comphint to this cover sheet. The following' sections am to be completed after you have filled out the v~rksheets in PARTS II and rrt and ~lm, l-ted your actual and permitted rates. FOR BASIC SERVICE TIER AND EQUIPMENT (1) Nmnber of Chsf~--k hi blljC 181rv~ ~ (2) ~tmm~~~c (~~~~~) , (3) M-~ ~d ~r ~ m~ (~m ~ ~. ~ ~ (4) M-~ ~~ m~ br ~ ~ ~ (~ d ~ ~ ~): (multinly (1~ by (3~above~ 23 $11 °82 $O.507 $11.66 Note: Ifyotw current ram for the basic service tier (entry 2) exceeds the tv,-.~mm permiaed am for that tier (entxy 4), you must submit a cost-of--servic~ showing or)our basic service rite vii bc reduced to the ,,,--~,,,.m permitted level shown in entry4. Fnnckisc fees have been excluded from this a.naly~s in order to compare your monthly rate for the b~sic service tier to the maximum permitted level whether you itemi?e them or not, any franchise fees you pay for the basic service tier should be added to your monthly rate as pan of the service when billing your subscribers. See 47 C.F,R. Section 76.985. EQUIPMENT AND INSTALL !ON RATES Note: YOur equipment and instalhtion rates for the basic sexyice tier must not be included in your program service rate for that tier, but rather must be completely unbundlcd. In addition, thosc equipment and installation rates must not e_x__~_-_d your actual costs including a reasonable profit. The method for unbut~mln~Your equipment and installation rates from the basic service ~'- programmln~ rate, (if necessary), and for deterrent[your permitted equipment and inmlhtion rates, is prescribed in PAR'I (unbun,"~-~) andPART HI (gate--setting) Of this form. Enter hi the spaces below the rat~ figures y~ll have e-41eplmted in PAR't d thifform. Your actual basic sexyice equipm~t and instalhtion charges my not ex~d these rates, although they my be io~r. (1) Charges for basiCservice instantions* (from 6 or 7 of F. quipment and Installation Worksheet) (a) Hourlyn2 OR (b) Avenge instalhtion charges: L lnstalhtionofunwiredhonsm 2. Instalhtionofl~a~,,.:-cdhomes 3. Tne~H~t;OIZOfe~h4l~n~el oOenetiOn Ittill~ initial 5. Otherinuab~ms(spec~) TRIP CHARGE NEW ]:NST. AT .T--UNDERGROUND Item3 (2) C~ ~. ~tn~n; Um (~a=~) (tramUric 30,or 31 of :F. qnitmw"t and xne, skH,m Wo4 -keX) (3) T.;-e 21 in Equipment and lnstalhtion Remote control type 1: Remote control type 2: Remote control type 3: (4) Mentidy charge for lease of converter box=s (from r-i-e 14 in Equipment and Installation Workebeet) Converter box type 1: Converter box type 3: (5') Montldy chrge for lease of other equipment (from T _;,,_ 28 in :F. quipment and T,,e,-lla t~m WOtt-ekeet) Other equipment (specify) $11.1 3 $11.1 3 $11.1 3 $o.oo $o. oo so.oo $o.oo $o.oo $o. oo $o. oo $o.oo $o. oo * If you have further charges for additional co~.--~ioas beyond those reflected in yo~ installation chrge, attach a sheet e~hining your calculations and setting forth those additional chaxges. S]~ Note to F.q-ilPmen t and Instagation Wodcsheet instnzcdons in PA~T TTT of this form. ' FCC FORM 393 -- PART III WORKSHEET FOR CALCULATING EQUIPMENT AND INSTALLATION CHARGES Cab|c Opattor Ngmc: INLAND VArl ;Y CABLEVISION CITY OF TEMECULA Line1. Line 2. Line3. line4. Line 5. Community Unit ID (CUZD~ Date: 21 -Sep-lN. StepA. HourlySefviceG'lllrge - Asmual ~ d ~,*;,.,~-s-e and I- --:k,jee aidde fadibles adSmiea(adude p,~_semet demumerequiFmeat) ~ ellllllllf Tmallabm'lmmsfer; ....... hand'-' m ~ulp. t ' and tardin (angh lleedysentmdmrpfHiCllljae3/Um4) line6. UaleemHSCferalll 8tepB. ImtwtmM,"mctmmmm · q,i~, 0amnameu~limm tlneft) OR Line 7. (See Idaedde D m, Unwifed bomei:~U~foa(SdmiadeD, Lieea.2) 'b. l~dndlm: -~,ke(SebeddeD, Ijae~b) c. Adalkm,.~m d. Ad~tieeal (Sebedde D, Lbm d.2) e_ Other jFIlemi~,e(qleci~.(SdledldeD, Ljlle e-2) Item I Umed Imam lea*den une.,mcd,ml item, 2. Item 3 S193,5~7 $129,657 / 2.912 b't. ep C. Chmrgel for Uclfmed Reinores (Cainlate MIm.aletr lot eamt -i!~ir~t diCefeat t}lm ud armdin additiosd damas as m{) I.ineB. Line9. LinelO. t.ine11. Line 12. 'Line 13. Line 14. Rem~xe 1 " 5,766 104 10,396 2,725 3.815 I 0.3181 Remote 2 0 0 0 0 0 0.000 0 FCC FORM 393 -- PART III, Pac~ Step D. Charges for Leased Converter Boxes (CaJcuLttc =cparaticy for etch zi~ni~can~y digfcrnct typc and attach additional sheen as I~ine 15. Line 16. Line 17. Line 18. Line 19. Line20 Line 21 Annual capital cosIs (CoL J of ScbaJulc C) Tout m,.;e.e--w-e/mm,ice bobs (aaach at, lamtion) Total -'me---: ,,~m, vimm(UK:zUMl6) Totaim of eo.vetter bac fLine lJ + Line l?) Nemberdeaiuiaamb:e(Cd.l:didaddeC) Unit co~ (Line ZS/l. hm ltat~p~'moathfLit~2OA2moatbs) Type I I Type 2 I 62.6821 0 .~'~l 0 13 0I 76,574 ! 0 2,7251 0 28.1001 0 2.3421 0 Une22. L.ine28. Une24. Line 25. Line26. Line27. Line 28. Step F_ Charges for Other Leued Equipment Aamnd ,..pigaim (CoL3 otSdmiuleCl Totd -.-imr.u,-/mvim born (ameh _~mIa:) Total --*i~r--- e/Mrvice a~t (Une 5 · Urn23) Totd md~,~,.,~r boz(1,iae:/2 + Lbn23) -Numb~o{unlBins~ic~ ~d~o~sul~.(C4LlotSdMtaleC) Uaitc~t(Lin~2.~tnc2~) gatc p~ month (Line 27/I2 months) OI OI OI 0 0 0 0 0 0 0 0 0 0 0 Step F. Charges for Changing Sewice Tier~ or Equipment /_,J'~3~: NomlmichuSefotdmaBiugsen, kBliers OR I..ine31. Avg. dtaflefordmnlingsea~io=~iend. iaeJzAvg. homtocbange~n'a) Step G. Franchls¢ ~rea Monthly :Bqtipmcut and hstallatioa Co6u for Mjutmut of :Bx4emiumi Scrvioc Ljrle 32. a*~auai customec quipmr, at and i,--,-::*doa meu (1:me 3 + ik~ 3 o~ Sched. C) Line 34. ]daddy eqeipm~t amd h:su~do~ cost (L,iac 33//2 mood:s). Enter ms Worksheet :g, Liae 30L 198,104 198,104 16.509 .3 FORM 393 -- PART ill SCHEDULE D AVERAGE INSTALLATION CHARGES ~.ble Operator Name: Commaairy Uait 11:) (CU]]:)): INLAND VALLEY CABLEVISION Franchise AnthmiP/: CiTY OF TEMECULA Date: 21 -Sep-94 This form is being fded for. ee Unwired Hoene Irrs~tk'tion: 1. Average Hours Ixr mittion (atlach explanation) 2. Unwired Home insNe-tren Charge (Line a.1 x HSC) Prewimd Hame Inwe-t~tion: 1. Average Hours per Ire4-n**iet (atlae:h exl~anation) 1. Avera HoumperAd I[:nal~(atlach~) 2. M~Ct, nnw:lian-IMid~ChargefLinee-1 xHSC) · Addlehal Connu,"~n Inee'lk*ion Ilter lrdMal Instalitcwt: 1; Average Hourtper Addlionel Co, reaction (atlac~ exlniatmlion) 2. Adtional Connecton-Beperate InaOJaliet Charge (the d.1 x HSC) Other In~,-tftion (by Item Type}: Unwired Home Installation: 1. Average Hours per AdcFtlb~ Installation (attach explanation) 2. Item I Instalation Charge (Line e. 1 x HSC) Trip Charge 3. Average Hotra ~ Addional Int~ltefren (atlach explarmlion) 4. Itern21rra~l~Uc~Gharge(I. inee.3xHSQ. 5. Average Hours per Addional Inf~llftion (atlaeh exDlanation) 6. Item 3 Instalatian Charge (line e.5 x HSC) 7. Average Hours per Additional Installation (atlach explanation) 8. Item 4 Instalation Charge (Line e.7 x HSC~ Note: For HSC (Hourly Service Clatrle) use amount-from ~ ~. ot tllg¢ Wot~ for C, Ieula,;ag Equipme, st sad lzutalLttiom t'~-rXee {Bale 25 e~ I~:C Fees 393). 1.00 44.52 0.67.. 29.83 0.25 -11.18 0.50 22,26 0.0 0.00 FILENAME !:\1994~CCTG\88789~. FCC FORM 393 - PART IIi SCHEDULE A CAPITAL COSTS OF SERVICE INSTALLATION & MAINTENANCE OF EQUIPMENT 112.5% G A B C D E F Fedcrd .S~aze Dept' Tans B-fC+D), iavemeea' Taz Taz Vebides :)0,OZ2 16.208 0 13,814 L3.14 O Tods 6,.:~8 2,614 3.694 416 Mtiqteeeece Fadlity 59282 ~ 0 47.260 5317 0 Other 59LO0 19330 391.1Lf 44388 TOTAL 68/4192 a~4~09 0 4m, m ~.oy4 o H i I)eprecbtioa (add F.G.H) 0 5.7~ 7306 631 1.047 0 0 3.100 8,41/ 0 0 65,617 BOX 1 SCHEDULE B ANNUAL OPERA'rING IZXPIDISES FOR SKt.VIC!i INSTALLATION/r. MAINTBNANCIi OF I:r-QUIE'MXNT o.. Box 2 SCHEDULE C CAPITAL COSTS OF .LEASED. CUSTOMER EQUIPMENT A B C D F. quipmcnt Gross Bad; Accum Df. Xcrre. d Rmote I t 21.~03 9,D38 0 Remote2[ 0 U 29,M2 G Tuu H ! State ~t Total ~P lacom~- Provisioa tot of umiu 0 0 4~1 t ' I 0 0 ~ ~ I - I I 0 0 ~1 5.4~ t 0 2/g,.tV0 3L40/ J Toeal (add F.G.H) 0 0 0 0 A ~FA ~ D a~'NP c:xz,,,m. 18401 Vm Ks:am Ave. I~ Tl~law~tm,,p,,,a~Cu...,,-.Ic-,':t-R IsmwridniinmsFrs~m 23. 1S94. Tlsl l~iziudm8 TmmQuk~~~~~~sQf e-k~21, - -.--~-'- ~t,~TVl,N.~mmmd.~.~mlttmmmm~kl'immm:ml~)~i~mb~ma l~),~~msstm~m~' , 1. 1915,11mmllm~rmm~mmY ~OLr. P, AY~D & til~vt, lwaa lxmmmmmmlmmmmkmmmmmdmmmmdmmmmmmmtbm-F'e~---3g). ')]mmhmmbmmimfmmr~l;Icmem. ,. A~AC{ 6 o 1) ATTA('J..~,'I~N'~ I i ZLt:~lgOBW;I JO AIIO -~BOON~99 dO AJ. IO : C;:~L: t6-ZZ-lt: ~IRH ~:TO:A8 INgS -V~OON~19 ~0 AIIO : O.~:I,L: '~6-ZZ-LL: IIeW X~TO:Ag 1N9S ~LZ:Vg~O]H~I dO A!IO -VBOON]gB dO AII5 : OS:GL: ?6-~Z-LL: II~H ~:TO:A8 IN]~ GL~:V~gBH~I dO Ailg -V~OONB~B dO Ailg : tg:Lt ~ ?S-ZZ-LL~ It{N X~TO:Ag =- *~ jill tllllllllillilllilllil]l,i: ""'' "' .l:l I II el 11 ti 0 4t fi el ~ el ~i Western Communications MBMORA,m)UM Tot IrHes Dater must 15,1993 Frem: Carl Bad~w Be: Cea,vorNr LIk We carready havw fmtr different tygal of innsable form or ~jL:e~N~ tile Ztldtll Z-tic is a tee. hal lye addressabilitY was t~MI flower more sure tedmololY round isa ~Lepreglate tire Bier tae~gmimW7 ~oamv~ tim ourrat five ilk, ~mt tilt older tedtnoio~maratd,v rdteet wlmt tim real lifo should love -It ~ ' Y ten uu i~e. e rrg~ c k D. z~,u. ~ " A TFA ~ D ~.CH m'. RAYW'ICl 5. BRAVff..,RMAN. L.L.!m. ~u ._R,; ,& m,~ ~Numt.v.v~.Avm,mx. ~x.w Con= Mere, O,~ir{.,,.ia ~ ~x..:::~:d~,x!'s ,..,m.,...& d't. lc= urn: nn ia Fex'm 393. ; ,e v~: Ternroe,/4m'z'ma 1344. 848. 848. 84'/1 : · -VBOON]'~9 43 AIIO : 9g:t.t: V6-~Z-LL: &.~m~cs~m~.s lwuxm Oml w..,,,.-e ~ · · ~m m~ ~ ~ auu~e fe ~ m~f Us ~glel mE a amesstorm, ~ ,%, ~ in e~m o~ b 107~ 7 (d) . XI: m aZmo ben Imld b,j, 'r, he oa3~Zera:La Cour~ o~ J~l im~-rmmt and the noarCaxabXa ~t41ial: to do bumam, ~-~,~,y o~ sl:m~i,.lmna v. 3m"emglm~ l~-91e m~m~d, 2:L3 ell. kPl~. 3d 1/,45, 14Bo, X4B4 (1989), Xf the im-.mmm~r a~t4ap~ tr.o malign no valum to dared wf:rAvoXous, w eh,,'M~ v, mrs-.,- ~ ~M.r.~ A, mma~. FCC 393 - PART i REQUEST FOR CABLE RATE API::~OVAL COVER SHEET · Person to mnua rq=rmal ~ f~rm 18--Oct--94 JState Telf~holte T!tisformb b~fil~dwithrespe~te: basic rib rqtdatb~ _j c~bttotJdscoverdaeeL The following sections am to be completed after you bye Elied out the worksheets in PARTS lI and Ill and calculated your actual and permitted mtcs. FOR BASIC SERVICE TIER AND EQUIPMENT ..(!) ~mb._of <>',- -,,e~ b basic m'v,ke tier (:21 conentmte fof'lxis/casfvim den (do zsot ia~Lude a~fmndlbe :~) !~_X~mUR peFEd~pef4ghillli~i mtr~.(/jrOlllLfmeG00, pmrt l]) (multiply fl) by (3) sixwe1 $0.49~ $11.39 Note: l[ your current rite for the bosk service tier (entr/2) exszeds the maximum perufitted tale for tint tier (enUv4). must submit a cost -o[--sa~ showlllg or yollr basic le,/~ ral8 wt'd be reduced Io the alazifflum pantStied levd e~ry 4. .. Franchise fees have been *'~'~___ucied from this analysis in orckz to compa~ yottr monthly ate for the basic service tier to the maximum pcnnittod lmmL wbetb. u you itemize them or not, any franchise fccs you pay for the bask sen, ice tier should be addcd to your monthly rate a~ pafi Of the servicc when bil~,~g )~ursubsaibcrs. See 47 C.F.R. Section 76.985. ' ~ ~,...,f EQUIPMENT AND INSTALLATION RATES · costs ladudiuZ s rr~oz,eble prolit. Tle mettod for unbuadU~your quipment aud~,,eolkfion rmxes from the Izsk tervico O[ lJdi [~Ofm. 'Yollr lctgl] bittk~ I~'v4m !qo~zlnentazld~ebar~,el may zsot llnMd l nttose sltllol~z tbay zn,ty I~ bwer. (1) (b) I (brlm for bask smvi~e inmlbtbr (from Lines 6 or 7 ofliqufpmozz! and lnslmlbdom Workshop) ltouri3rmte OR AvemE imtslbtion dsmrmes: 1. Immllstlouofuawlredbomes 2. ltvem~Ikw, of lzszwtmJ Immes 3. ImtaDation ois~id;:io--,! ~"",-~k,~ ai time imli/slimt,~llstlon 4. lmmllltbnofaddi~onmleo~ 5. Other installations '(spcclfy) TRIP C!IARGE NEW INSTALL-UNDF.=RGROUND Item 3 30,or 3L of E4uil~nemt and Imtsdimfion (a) Mont~ dm. rZe for hue of remoxe awnmts (from Line 21 in Equipment snd hsstslb~on V/otksheet) i Remote control type 1: _Remote conuot type 2; i' Rcm0tc control ~ 3: ! (4) Monthly clzgrg¢ for base of oonve, tt~ bol~ (ttom Line 14 t ~luipmmnt a4~l ltssta!lntloa __Cpnverterisoztype2: ' l(~) mogthlYdmrl~forlca3r, olotherequtpmellt(from ,- Line 28 in Equipment msd r,,,.~mtk,~ Wottsheg) Other .e~uipment ot~ ~ / $44.5O $4.4.,q2 $44.50 $11,13 $11,13 $11,13 $22.25 $22.26 $22.25 SO.O0 $0.00 $0.00 5O. oo So. oo $o.0o ~,"r., ,-.', ,-.~ . .-~_ ~j,"' ......... . -~ . ~' ~.;.~; ~ - .~,-~ .~ .,.- . ..~.. , ,~.,,..,,-_- .-..~.,:: :_~,.,,-,=.",-.._::::-,..-.~;.-.. SO.B:) $0.42 $0,42 * If.you hwe hn, ther chnrges for additload eon,,e~i~e, beyond those tefla~___d in your instz!!afion charge,'sttach a sheet .exphining your calathtions and'aetttng brth those additionsl c~. SEE Note to Equlpmentand le~en!~ntion Wodaheet -' mstrucfiom h PAKT III of this form. :. 6E:E1 JILL ~6-ZZ-AbN FCC FORM 393 - PART III WORKSHEET FOR QALC3ULATIN6 EQUIPMENT AND INSTALLATION OHARGES .f"Cal~e Oper&Ux' Name CcmtmmaA? Uait I/) (CUiu): :INLAND VAII ,c"y CABLEVISION Date: 18-0ct-94 ; ~rancn~ ^vtm=i~F I I CRY OF TEMECULA " Line .,be S. Step A. Hourly 8en/~ Chitgo Assnull m lit ---let ! -e/'e msd irl""'q'ik el eable idades ned $efvkaa (ew41ude ~;;.-.;dae era& e{ ~nsamaer equipment) Camomr rodproem and ~ m (atm:h etlalaaadee) Asum.deml~mews~,,~: 'wte;'"mv:iamdle--fi~infm~s. ' Tma!ldNlrlmlflJarl"~m"11~icesed|-' 'YdOe o~cemomer eqdpmem sad metvim (attach ,~pi-qflea) line 6. OR 8tel; B. InltllhtfiOn $113,S17 2.912 I 0.oo Step C. Charges for LJcensed Rentme (Cs[culstc I~lafa&ely for em4RI lildrmm& Une11. Unel2. Line13.' i Line 1~,. Re~1~/J Remota 2 0- 104t 0 4.63t I 163071 0 3J211 0 5.091 1 0.000 i 0.4241 0 FCC FORM 393 - PART III. Page 2 ' Step D. Charge for Le~e~d Converter Boxes (CAlculate aeptrtilcy for tack lilair~aady d/Decut type and lilacit addfiiOmkLI tiCeta as aOcessary) Line 15. Line 16, .Line 17, Line 18. Line .'Line 20 IJne 21 lane 'Line 26. Step E. Chmrges for Other Leated Equipment AnmtlJ caldml. axcs (CoL J dieJMduJe C') Totdc~t~tcoavwza. bac(Lj:~3:2 + Z, beZ3) Neml~tei.dtaJmmrvieote dnbr-(CaLldldudukC) !.he 27. .udt m, tr~ee Uff. iM ~) Line 28. ' a~;c pat moa ffi fi, ine ZT/ZZ months) Step F. Charges for Cl~nging Service Tiers or Equipment 3~ep O. Fraudrise 'Arc& MomMy Eqalpmeeg &~l iaAalla/iou CNU for Adjustmet of leftraNted brviee Line ;32. Line 33. MoatMy q uipmeet and iastalla~iout cNt (film 33f12 moutUn). Emu on Wod~.~il 3, UM ~OL Type1 I 76,0~'1 o121 a.a2~ '1 i o1' I' el I el ; el d o! I oi' type 2 217.999~ 18.16/ FILENAME h\19943ACCTG\887; FCG FORM 393 - PART III SCHEDULE A CAPITAL COSTS OF SERVICE INSTALLATION & MAINTENANCE OF EQUIPMENT 0 4eTJ83i 32O/4 Q! 631 O 0. 3.100 8,41/ 0 O ~ ~ 117331 Box I 8GNEDULE B ANNUAL OPGIULTJN0 EX:P!~SSS FOR IRI.VICS IHSTAIJ~TIOM & ~AHCE OF BQU'D~tHNT (idalieS Der~ I :~ilbm) , 67,M3 1 d.647 1 2J)ez O ?S.?e~I Box 2 A B Eqdpmem { C, cou ao~k Remote Remote Rcmo~e ~C~ev, Box Cony. Bol Coer. Bex Other C i.0)8 I ; ¶ SO.49~s I SCHEDULE C CAPITAL COSTS OF ~ CUb'TOMB EQUIPMENT D E F t:)den. at Ne4 nook itemas m 'Foxes B-(C.e.D) !avetunes' Ol :2.66~t L42~ 0 1 320A u I 37,N1 O )42..133 38.4r4. -0 Fedml ~u4 0 H laddoe for J O: I 0 f. 49.8~01 I To~l!~ iamnsm J Total (add F.G. Z41 z2='rl' o oi 33211 0 6.642 es.s~ ! Box3 FCC FORM 393 -- PART III SCHEDULE D AVERAGE INSTALLATION CHARGES 'Jb|e Or. raLor N~me: I_NLAND VA,, ~ CABLEVISION Fmae.~ CITYOFTEMECULA c~ =ut~ u,,u m Date: 18.-0et-94 Thb :~._.~.,~",~',~,. IC~PTierrotclmmming Service · ~. Average Hmum get Inetmllmdon $mUm=h 2. Unwtmd Home Int~lftlcm Charge (Line L1 x H~C) Prewired Home 1. Average ~ per In~tmtmlion (artinch explanadm) I. Prewirecl I~erne IrmlzUaiga Chm'ge ttjne b.1 x · Addt=~ C4mecUon-Sepamte m.~ Chm. ge It.he d.~ x HSC) OU~e..r IrmaNet]on ~by Item 'rype)~ Unwired Fieme tnslallstion: 1. Average Houm per Additional |nstaltjon (lUach explanatiort} 2. Item I Inmialion Charge (Line e.~ x HSC) Tdp Oherge 3. Avmii~ Hou,s ~rAddit~n.~ 4. IZem 2 lnm. dqti~n Charge ILine e.3 x HSC) 5, Average I-kxa, s per Additional inslallation letla. eh exl~mmion} 6. Item 3 InetllEtian Chlrge (Une e,Sx/-ISC) ' 7. Average Hours per Additional instaltaUon.(atlach explanation} 8, item 4 Instalation Charge (Line e,7 x HSC) For HSC (Hourly SfffiH CIIIfIO)LtlC SilOlint Jroln Line 5 et tie Wedah~4t Ear Csleallliml f I I I I 0.67 0.0 0.00 Cable Operator Franchisee Total of Numt3er of Channels I ~3,~t Total of Satellite Channels 1 st Calculation: Number of Channels Number of Satellites Benchmark Rate i+ 0.6070 ~ less Total of Number of Channels I :Nil Total of Satellite Channels 24l 2nd Calculation: Number of Channels 35 Number of Satellites 25 Benchmark Rate ! less 0.62101 3rd Calculation: R~sutts of 2rid Calculiion: Results of 1 st Calculation: I:\1994\ACCTG~FCC393-4 40 20 I Divide by Multiply by Increment ! 0.5~10 ! Divide by Multiply by Increment Subtracted from Difference Mutuply by Increment Plus 0.O68O I f 5 1 0.0136 1 0.60701 0.5934 1 O,070O I 5 1 0.0140 Z 0.62101 0,6070f O.607O1 o.r a4! 0.01361 5 4 0.0109 i 0.5934; 36% 20 36%25 Cable Operator Franchisee T/"-, of Number of Channels ', of Satellite Channels 1 st Calculation: Number of Channels Number of S~tellites Benchmark Rate I 0.55101 less Total of Number of Channels Total of Satellite Channels 2nd Calculation: NN~e~r ;~ Channels Satellites BenchmarkRme J 0.56201 less 3rd Calculation: R~Jlts of 2nd Calculation: Results of I st CaJculalion: h\l 994~ACCTG\FCC393 - 4 45 D~de by Multiplyby Increment .Divide by Multiply by Increment Subtracted from Difference Divide by Multiply by. Increment Plus O-OS401 5 4 0.5510~ 0,5078 1 o.ossol 5 4 0.5520 o.5172i 0.5o781 0.5134;e 44~ 30 44~ aO 44~2S ~4~ 28 A~'FA ~YJ' F LAW OFFICES BURKE, W~ & SO~ SUITE 76O COrtA &E-.SA, CMf--ONfiA axeis 17141 1424221 :y3'& F~X i U.R. ~raTx. 415 - 896-0236 Hr, .,.Tohnaie G.iZes Direce~r of Governmental ~etairs Wut Communication Rimcon ~nnmtion Post Ofttoe ~ 193942 San Franc:Lscof CA 94119 Cable ~e3,.ev:Ls..'Lon - Review ot Form 393 esta, bl4,=,'h4qg, aax.tmna permitted basic service tier and equipment and inst4llati~n rates Bill Morgan and I have carefitlly reviewed your letter of October 6, 3_994, responding to our ztvie~ of. your Form 393 establishing the --v4~m basic service tier rates and equilment and lnst41lation charges for ~he Cit~ of TemecUla. We agree ~ith some of your ~w~ents, but disagree ~ith ~c.here, on That basis Diehi, ~vans Prepared the enclosed zevised Form 393, which inoozporatee the fcllc~eing c23anges ~ the Fc~n 393 that was included in .Diehi, Eva* eCity cf ~ Xgreed Upon Limited Procedures Review of Cable ~.V. Pates as of September 21, L994ez Z. Before addressing specific issue~, I must note that our ~ginal September 2~ ~~is ads ;~ lnl~d's ot~gi~ ~ 393~ it ~uded mvel t,~- f~ b det~ati~ oZ ~lation ~ ~a~ h~s. ~ doing so, ~ s~st~a~y ~u~ ~e ~~ o~ l~or ho~, ~~ ~creuing ~e e~fe~ive ~ly ~te. ~ile we believe ~s is ~ ~appr~riate p~i~, we were willing to ac~pt it if It ~d avoid 8 l~y disUSe. ~r. JohnnAe Giles November 21, 1994 per unt= pUZ~h*ae order amount In ~mvlewtng ymur September 1993 Channel Line Up, ~.h---hal 28 was listed as ate 2e announced-. You have since offered evidence ~hat ~hts wee & ~_u~lt7 ch~n~l Buyever, I note tlat you have not p~cvtded a ch2nn~l programming schedule for September, october or November 1993. This SXlggeStS that Channel 28 was du=inq this time period. F~re tmportan=l , the Channel Line U~ Card indicates to a subs~riber ~hat ~ was not a programmed eamnnel. Consequently, it is still our view that the Sel~ew ~ 1993 fiblariat oottwb I]MMald']~l absent an' overall eoqgomtse. 3. We have still used the Tier Iaud Tier 2 rate cards as of the tnltial date of regulation, and not as of a prlor date. In our view, when the FCC referred to not requiring ~/~e cable cpe=ator to sre~reshs data, they were reEerrtng to other financial daU such as cos~ of e~u13ment and the like. On the rcher hand, ~he instru~tons ere very c/ear ~hat the ra~es ~ be used are the rates as of the initial date of regula~ton. 4. One area oZ significant dispute between our approach and 3~ur elTpro~ch =o the YQtm 393 is the-/rnt_~er of remote c~n~-ols and c~nv~ters. Zn their 8e~amber 21, 1994 anal sis, Dlehl, Eva~s only ~mantad ~he numbez of u~kts in only ~n units in mice, and n~ th~se in tnvercory. units purchased, less units in ending invan=ory. ) Hr. Johnhie Giles Novelllber. 21, 1994 Page 3 III, bu= ~ calculate gz~ss book at C~luan B of S~~o C ~~e~ly ~18ce ~ ~e ~ are ~ ~r ~n~ ~' ', ~ ~~a~ ~s ~k ~ ~ude ~se ~s adJ~ ~ of ~ h seNl~, 3,321, has been ~ed a~ P~ III, S~p C, ~ne 12, a~ PaS III, Step D, L~e ~.) 5. As to depreciatton schedules, we have always en in agr~.xnt that convertars would be depreciated ~ver ten years. However, we zema:i.n in disagreement ever ~he be lrr tdsd w~=h £z~m Xnland L'~a~es tha~ ~he useful wd~s=eu~i~n ~Th~Ule f~r ~e-~ls. ~__e evidsn~e we life of remote control units iS five years, not the ~wo years you p=op~sed. 6. The last issue concerns treatment of the possesscry interest tax. The YFCC#s First Order on ReconsideratlOn suggested aC ~ 107 TJmt t~ certain circumstxnces, If the possesscry interest tax were calculated on intangibles, it could be passed ~hrough to eubscEibers. X~wever, ~t is our optnt'~B than suah a pass- throuVh is ina~rta~e in =his ciz~usslance. Firs=# for Fiscal Year 1993-94, according the unt~ sesscr, the possesscry tn~arss~ tax on the Temecula subscriber per month cha=ge ($43,259.12 divided 'b~ 9,119, Second, assuming the tax was assessed on tangible and intangible assets, this woad only mean taint ~he portion 0£ the tax .assessed on intangible assets could be passed Fur. Johnnie Giles November 21, 1994 Page 4 through to slabscribers. A different formu/a not us Third, the Riverside Assessor does not calculate d~the tax ba~~ on in~angibles, because he is precluded from oLU~ so Im--'sumxt to Revenue .& h. xatton Code J 107.7(d). Instead, the Assessor capitalLzes ~he'ammal rent, w~Lch is the rer~..ra ed ~ach pursuant ~ i 107,7(b). To det~g a competZ~Lve z~nt, ~he Assessor caP~l~l~sed 10% of ant~(sipated ~Toss ~.eveimes. ~LLs z~stxlted in an assessed value for F~ 93-94 ot 65,.074, aS0. Wl~h'a ~4x rate of a~l~ldaa~ely -0146822 rids results Lu · poaaessory Fourth, Inland appealed this fax, and ultimately settled the appeal wil~h the Assessor at 843,259.12 for FY 93-94. Conseq~aerftly, even ~f the original tax was improper under i 107 of the First Order on Recons~der~tion, the reduced tax is not. Rather, by settling =he matter, Inland · ~s precluded from challenging the method ' as ~ing based on in=angible asse=s. of assessmen= Pot all of the above reasons, we decline ~o permit a Pass-through of the ~ossessory ln~ere8~ tax c~1 the 39S. . We have made 811 of the above revisions 'on the enclosed Form 393. The effect of 'making the above revisions is to reduce ~he maximum permit~ced basic service =ier rate ~o $11.39, frown 1~he then C~=Te~t rate Of $11.S2, the remote oontroZ charge to $0.42 ~rom 80.50, and ~he converter charge ~o 82.26 from 82.55. (Note that we or~ginally recommended · reduo~icn t9 $11.66, $0.32 and -$2.34 respec~ively.) Given that this amounts ~:x)a grea~er reduc=ion than we origina11~ proposed in the Se~r 2let analysis, you may wish to consider accep~ing our original recommendation. Please amPmot me u soca u possible as to how you would like ~o prcr. eed. Far inZonmtJ. on, for the November 29 meeting ~NNovel2m~ ~2, so Z will need ~our response quick13[ ~f we hope to resolve ~b/s issue for the nex~ Council meeting. ~r. Juhnnie Gilee November 21, 1994 Page 5 your continuing c~oPerati~n and courtesy in ~b/s matter. Very ~=uly yours, ATI'A ~ G WESTERN COMMUNICATIONS March 1, 1995 Bturke, Willjams & Sonrosen 3200 Park Center Drive Suite 75O Cosm Mesa California 92626 Dear Scott, discussed in our recent phone conversations. W~ Communications on behalf of IVC is wnHng to offer this proposed settlement because it is apparent the we will not reach agreement on the proper treatment of the remaining issue and we wish to resolve this matter and move forward. The spedtic ~erms of our proposal are set out below. 1. IVC will l~ovide a one time c~edit of $3.00 per subscnl~ within 60 days of the passage of the corresponair~ zesolutiorh 2. Since we propose to provide a one time credit and not'a rate rehmd the City will not be required to refund any franchise fees. 3. The resolution should identify the fact that neither side is judged to be incorrect in any xnann~ but is a settlement of the outstanding issues regarding the appHcation of the rules governing Form 393. I hope that this letter reflects your understanding of the tsrms that we so recently discussed and I look forward to your reply. Sin,:erely, f FlineonAnnexStaion. Post OIIk:e Box193942 - Sen ~, CA 94119 Two ~~.121 SpeerS'e~eI, Sule203-San Francisco, CA g4105 Phone (4~S) e~6-sooo · FAX (4~5) 8e6-02m ITEM 12 APPROV~~ CITY ATTORNEY FINANCE OFFI CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Genie Roberts, Finance Officer March 14, 1995 Property Insurance Coverage RECOMMENDATION: That the City Council review and approve 1 ) the new Aetna property insurance policy with Strachota Insurance Agency Inc., effective March 27, 1995; and 2) provide staff with direction to obtain Requests for Qualifications for property insurance broker services. DISCUSSION: The City's current property insurance policy expires on March 26, 1995. The policy is provided by Aetne Insurance Company through Strachota Insurance, the City's property insurance broker. The policy includes all-risk and earthquake coverage at various City locations. On February 22, 1994, in the course of renewing the property insurance policy, City Council directed staff to obtain new insurance proposals at mid-policy year. Thereafter, on September 13, 1994, two proposals for property insurance were presented to City Council. The Council's direction at that time was to allow the current broker to resubmit a proposal and return the item for consideration. As a result, on November 15, 1995, two proposals were submitted for consideration: 1 ) Strachota Insurance Company (Strachota Proposal); and 2) Robert F. Driver Company (Driver Proposal). At that time, Council directed staff to extend the Aetna policy until the end of the policy term while revising the policy in accordance with the proposal submitted. In addition, both companies submitted a combined report in an effort to provide council with additional information (Attachment A). The Strachota proposal consists of blanket coverage. For the most part, the blanket coverage amounts correspond to the declared property values, for example, the limit on the building coverage ($6,070,000)is the total value of all insured buildings. The Driver proposal consists of participation in the Public Entity Property Insurance Program (PEPIP), a joint insurance purchasing program. PEPIP is a combined group purchase concept with the advantage of group purchase pricing and no risk sharing. The proposal provides broad coverage along with the flexibility to ensure that the City is adequately covered. Attachment A illustrates comparison of the two proposals, along with providing information on risk management end "company issues." Coverage comparisons are identified in two categories: "major" or "minor" coverages. Below are the primary areas staff identified in determining a recommendation. I. EARTHnU~KE II. III. The Aetna policy provides for higher earthquake coverage limits. This policy provides better coverage for the City and the dollar cost to earthquake coverage ratio is greater. Currently, the earthquake insurance market is shrinking. If the City leaves Aetna, it is unlikely that the City would be able to get future coverage through Aetna. The City would then be limiting its options as to insurance carriers and may only be limited to group or joint purchase programs such as PEPIP in the future. ADMITTED/NON-ADMITTED CARRIER The Driver proposal includes a non-admitted carrier for its first layer of coverage.. Insurance regulations specify that when proposals have been received from both admitted and non-admitted carriers, the proposal from the admitted carrier must be selected. However, one exclusion from this requirement may apply in' this case: 1 ) The non-admitted carrier may be selected if their proposal contains provisions which are not addressed or not available in the admitted carrier's proposal. This exclusion may apply to the Driver proposal since it provides for higher coverage limits and a number of additional coverages for which the necessary amount of coverage is difficult to determine. However, if this argument was challenged, the City could be in an unfavorable position. CUSTOMER SERVICE The City has limited customer service experience with Driver, all of which is associated with the PEPIP proposal. Although there has been limited interaction, Driver has been responsive in addressing questions, providing information and follow-through. Additionally, Driver has extensive experience in the municipal insurance arena. PEPIP is specifically written for public agencies. Participants in the PEPIP program include various cities and Joint Powers Insurance Authority participants. The City has extensive customer service experience with Strachota. Strachota was the first company to provide both general liability and property insurance for the City. Approximately one year after incorporation, a new broker was obtained for the general liability insurance; the property insurance has remained with Strachota. The City's property needs have grown considerably, particularly with the acquisition of new facilities (Senior Center, CRC). Thus, the City now requires a broker with extensive experience and expertise in servicing the insurance needs of public agencies. Staff feels that the level of expertise now required for providing insurance services to a growing city, such as Temecula, would best be met by a broker who specializes in providing municipalities with coverage. IV. DEDUCTIBLE Strachota - Aetna: $5,000- Special Form including theft 10% - Earthquake Driver - PEPIP: $5,000- All-Risk 10% - Earthquake V. ANNUAL PREMIUMS Strachota - Aetna: $35,930 Strachota identified additional premium savings of up to $7,250 by removing some minor coverages (Attachment A, Page 17). Staff is recommending maintaining these coverages. Driver - PEPIP: ~34,498 Based on 1 ) the overall coverages including higher earthquake coverage provided by Aetna and 2) Driver's use of a non-admitted carrier, staff feels that the Aetna policy would best meet the City's needs at this time. Renewing with Aetne would also provide the City with more options in the future, as earthquake coverage is difficult to obtain. However, staff requests to further review the "minor" coverages of the policy with the broker to ensure sufficient coverages exist. The current Aetna proposal does not include flood coverage, which staff feels should be addressed along with the minor coverages. Staff also recommends that Council provide direction to obtain Requests for Qualifications (RFQs) for an insurance broker with municipal experience. FISCAL IMPACT: Adequate funds have been budgeted in the Insurance Fund 2 property insurance line item for this premium. Attachment A Attachment A Page I CITY OF TEMECULA PROPERTY INSURANCE REPORT Renewal Date Amended To: March 26, 1995 The following report is designed to review the City of Temecula's property insurance program. This is a joint effort by the Robert Driver Company and Strachota Insurance Agency. I RISK MANAGEMENT Attachment A Page 2 As with any large property exposure, insurance can be a variable factor depending upon the risk management mind set of the 'City. The process of risk management includes the practice of identifying and analyzing the exposure to loss and taking steps to minimize these exposures to levels acceptable to the City. many times this involves methods or procedures not necessarily related to direct insurance coverages. Basic risk management procedures can involve techniques used to control losses (i.e. loss reduction, loss prevention or exposure avoidance), and risk financing techniques involving the transfer of risk or retention of risk by the City of Temecula. Then, when an exposure is to be insured a decision will be made as to who will insure it, on what coverage form and for how much. Various coverage forms may be used to lower the premium depending upon how active the City wants to participate in managing the program such as deductibles, co- insurance, blanketing, etc. In that all factors from premium vs benefit to company stability and service are more or less important to each individual decision maker, the subject is identified, a brief explanation is made and a comparison is given. This schedule is not a complete explanation of policy terms and is not a substitute for the terms and conditions of the policy. Only the actual policy language will govern the scope and limits of the coverages involved. Please refer to the actual policy for coverages, conditions and exclusions. II Company Issues Attachment A Page 3 Any insurance company can be measured by the following three categories: 1. Size The financial size of an insurance company is generally categorized by "policyholder surplus plus conditional reserve funds" or in other words, the net asset value of the company. A.M. Best Categories starting with size VII are as follows: Class VII Class VIII Class IX Class X Class XI Class XII Class XIII Class XIV Class XV 50,000,000 100,000,000 250,000,000 500,000,000 750,000,000 1,000,000,000 1,250,000,000 1,500,000,000 2,000,000,000 to 100,000,000 250,000,000 to 500,000,000 tO 750,000,000 tO 1,000,000,000 tO 1,250,000,000 tO 1,500,000,000 tO 2,000,000,000 or more 2. Rating There are several private insurance company analytical rating services. The most common is A.M.Best which is widely used and accepted. These rating companies take into consideration all factors from financial strength to management experience and conclude an overall "grade". The A.M. Best scale is from F to A++. A B+ or higher is considered secure with any of the "A" designations being desirable. 3. Charter An insurance company may do business in California either on an admitted/licensed bases or a non-admitted/not licensed. The legislative mindset in California is for insureds to do business with licensed carriers and not unlicensed carriers unless the coverage is not reasonably available through the licensed market of companies. Attachment A Page 4 The two main advantages of a licensed company is: California Department of Insurance regulation and claims handling support. A company not licensed in California is a company that is not subject to the authority of the California Department of Insurance. A claims dispute would be between the insured and the company without further intervention from the California regulatory system. California Insurance Guarantee Association. CIGA is a California state program designed to reimburse both unpaid claims and unearned premium to insureds of California admitted companies who can no longer meet their obligations. Coverage is to $500,000 per claim and the coverage form may vary from what was originally purchased. Company Comparison Even the large companies rarely accept the entire risk in a multi-million dollar exposure. Typically a company will internally layer or pass part of the exposure to another company and share the premium. PEPIP PEPIP uses several companies to layer the coverage. Each company is responsible for the specific layer it occupies. The first four layers are what would practically apply to the City of Temecula. The company and layers are as follows for other than earthquake and flood coverages: Company Admitted Size Rating Coverage Lexington No XV A++ RLI Ins. Co. Yes VII A Royal Indemnity Yes XI A- Allianz Yes VIII A First $2,500,000 ~ Next 2,500,000/ Next 2,500,000 Next 7,500,000 For earthquake and flood coverages: Company Admitted Size Rating Coverage Agricultural Yes XI A Entire risk Attachment A Page 5 AEtna AEtna layers the coverages internally while remaining on the entire risk as far as the City of Temecula is concerned. Company Admitted Size Rating Coverage AEtna Yes XV A Entire risk III GLOSSARY OF POLICY FORM TERMS Attachment A Page 6 Blanket Insurance - This coverage allows for a single limit of insurance to apply to two or more property items at several locations, instead of a specific amount applying to a specific subject of insurance. It allows you to shift property from one location to another with no impairment of recovery subject to the policy limit. The total coverage limit applies regardless of the value of each location that is stated for rating purposes only. PEPIP Is blanketed AEtna Is blanketed unless specified, premium savings to not blanket is approximately $1,500. Co-insurance - Co-insurance is a clause that requires the limit of coverage be a minimum percentage (such as 90%) of the insurable value of the property. If the amount of insurance carried is less than what is required by this clause, any claim payment may be reduced by the same percentage as the deficiency. For an example, covered property worth $100,000 may require a minimum of 90%, or $90,000, of coverage for compliance with the policy's co-insurance requirement. If only $72,000 of coverage is carried (20% less than the required $90,000), then any loss payment would be reduced by 20%. PEPIP No co-insurance requirement AEtna No co-insurance requirement, premium savings to add 100% co-insurance is approximately $1,600. Deductible - This is the amount that will be deducted from any payment made because of a covered loss. Only covered items damaged by covered perils count towards the deductible. PEPIP and AEtna Both $5,000 unless otherwise specified. Attachment A Page 7 Peril Restriction - A peril restriction is where a particular feature within the policy may carve out coverage for a specified peril. Replacement Cost Valuation - This loss valuation method pays for the cost to repair or replace damaged items with like kind and quality without deduction for depreciation. Without this endorsement there could be a substantial loss to replace the proper~y at today's prices but receive only the depreciated value of the property that was destroyed. PEPIP and Utna Both replacement cost policies other than the mobile contractors equipment (tractor) which is actual cash value(can be changed in either form). Actual cash value will pay only the depreciated value regardless of what the replacement cost is. Sub deductible- A sub deductible is where a deductible for a particular coverage varies from the standard policy deductible. Sub limit- A sub limit is where the policy may carry a coverage limit or collective location limit of one amount but the sublimit will restrict the coverage on that feature to a lower amount. The coverage may be restricted by: 1. Limiting the overall coverage for multi locations given a single occurrence. 2. Limiting the amount of coverage for a particular item. IV MAJOR COVERAGES Attachment A Page 8 Buildings - Building coverage provides protection for permanent structures. Completed additions, permanently installed fixtures, machinery and equipment, outdoor fixtures and owned personal property used to service, repair or maintain the building. PEPIP Pays reconstruction costs subject to a limit of $250,000,000 per location and $500,000,000 aggregate or the actual reconstruction costs, which ever is less. AEtna Pays reconstruction costs subject to a limit of $6,205,000 per location and aggregate or the actual reconstruction costs, which ever is less. Earthquake- This coverage is used to provide protection against the usually excluded peril of earthquake and after shocks. The deductible is higher than the regular policy deductible. PEPIP Pays reconstruction costs subject to a sub limit of $5,000,000. (includes buildings, contents, extra expense, computers and valuable papers) Sub deductible of 10% of total insurance to value per location. AEtna Pays reconstruction costs subject to a limit of $9,285,000. (includes buildings, contents, extra expense, computers and valuable papers) Sub deductible of 10% of total insurance to value per location. Electro c Dam Processing Equipment - Special Electronic Equipment policies or Computer policies insure items and causes of loss often excluded under conventional property insurance forms. Attachment A Page 9 PEPIP Included in policy limits. AEtna Covers $300,000 combined limit of all locations and is not blanketed. Media Coverage - Media coverage is used to cover the loss or damage to electronic media which results in additional costs to reproduce data. This is important since many times these costs can be more than actual damage to the hardware. PEPIP Included in policy limits without sub deductible. AEtna Covers $150,000 combined limit of all locations and is not blanketed. Personal Property - This coverage protects the unscheduled contents of the City of Temecula's owned and leased locations. This includes furniture, supplies, office equipment and machinery, fixtures and other miscellaneous items. PEPIP Pays replacement costs subject to a limit of $250,000,000 per location and $500,000,000 aggregate or the actual replacement costs, which ever is less. Includes office contents, communications equipment, other equipment, maintenance and supplies. AEtna Pays replacement costs subject to a limit o[ $1,380,000 per location and aggregate or the actual replacement costs, which ever is less. Personal property is property that is in or within 100 feet of scheduled locations. Includes office contents, communications equipment, other equipment, maintenance and supplies. Attachment A Page 10 Valuable Papers - This coverage is designed to pay for the costs to reconstruct original source materials including records, deeds, manuscripts, films, drawings or other valuable papers or records that have NOT been converted into usable electronic data. PBPIP Pays replacement costs subject to a limit of $25,000,000 per location and aggregate or the actual replacement costs, which ever is less. AEtna Pays replacement costs subject to a limit of $1,000,000 for valuable papers including original county records at stored location. $15,000 all other locations, or the actual replacement costs, which ever is less. Not blanketed V MINOR COVERAGES Attachment A Page 11 Accounts Receivable - This coverage is used to reimburse for accounts owing that are rendered uncollectible because of loss by a covered peril. PEPIP Pays replacement costs subject to a limit of $25,000,000 per location and aggregate or the actual replacement costs, which ever is less. Pays replacement costs subject to a limit of $5,000'each location, not blanketed. This coverage is inexpensive and can be increased upon request. Building Ordinance Coverage - This coverage will protect against loss due to the enforcement of existing building or zoning laws that results in additional costs to rebuild or demolish an insured building. This includes the additional costs of retrofitting or demolishing the undamaged portion of the building due to an ordinance requirement. PEPIP Includes building ordinance without sublimit. Aetna Includes building ordinance other than Earthquake. If all buildings are currently to code, savings to remove is approximately $2,100. Business Income - This coverage is used to insure against loss of income that is experienced because of a suspension of business when insured property has been damaged by a covered peril. The key here is '*insured'* property, therefor this coverage would not extent to property that generates tax revenue. The City of Temecula has limited application for this coverage. Attachment A Page 12 PEPIP Included if values are declared. (Not presently included) Aetna $1,000 each location, non blanketed. This amount just happens to be a minimum amount written into the package. This coverage is inexpensive and can be easily increased. Debris Removal - The replacement value of property is the fair market value of replacing the property lost. An additional cost to this process is removing and cleaning up the original lost property so that the property can be replaced. Debris removal covers these costs. PEPIP Included in policy limits. Aetna Up to $1,551,000 (25% of building limit) included in limit. Extra Expense - This pays for the necessary additional expenses needed to continue business when a covered loss destroys insured property. These expenses could include temporary relocation, site security, cost of moving, etc. PEPIP Included in policy limits. Aetna Up to $200,000 per loss. Fine Arts - This endorsement extends coverage to historical, rarity, cultural or artistic value of an item beyond the functional replacement value. PEPIP Included in policy limits. Up to $1,000,000. Aetna $5,000 per location, non blanketed. Can be easily increased. Attachment A Page 13 Fire Department Service Charge Reimbursement - This coverage is used to extend the policy limit to include the resulting fire department service charge because of a covered loss. PEPIP Included, without sublimit. Aetna Up to $5,000 per location, non blanketed. Flood - This coverage is used to provide protection against the usually excluded peril of flood. The deductible is higher than the regular policy deductible. PEPIP Pays reconstruction costs subject to a sub limit of $5,000,000. (includes buildings, contents, extra expense, computers and valuable papers) Sub deductible of $200,000 per location. Aetna Not covered on the AEtna proposal. Can be added if the exposure exists. Glass Coverage - This'coverage will provide extended protection for premises glass. Without this endorsement, most policies cover glass to the limit for such perils as fire and lightning but not for vandalism. Glass coverage needs to be added to extend the peril of vandalism to full glass limits including temporary boarding. PEPIP Included without sublimit. Aetna Included. Given the unlikely chance of vandalism exceeding the $5,000 deductible and the fact that fire is covered in either case, the savings to remove is $1,200. Attachment A Page 14 Improvements and Betterments - This coverage is used to extend the property policy to insure against loss of specified alterations or additions that have been made in the building leased. This is important because these improvements become the property of the building owner and may not be compensated after their destruction from a covered loss. PEPIP Included in policy limits. Aetna $500,000 at City Hall. Prior to this, the improvements and betterments had been confirmed to be covered in the lessors policy. Upon confirmation again, the savings to remove is $850. Mechanical Breakdown and Electrical Current Coverage - Extends the property policy to include protection against loss resulting from artificially generated electric current. Arching can effect most office equipment from a calculator to a photocopier to an electric panel. Destruction to an arching electrical panel can be expensive and is usually excluded in most property policies. This coverage applies to the actual arching damage. An ensuing fire would be covered under the regular policy coverages. Mechanical breakdown is to cover damage a broken part does to the rest of the item. An air conditioner could have a small and inexpensive part break and damage the most expensive part of the unit. The damage the part does is what is covered. PEPIP Not covered. Aetna Not covered. Hartford Steam Boiler This is a separate and highly recommended policy issued through Hartford Steam Boiler. Deductible of $1000. Coverage is for $3,500,000. Attachment A Page 15 Newly Acquired or Constructed Property Coverage - Newly Acquired is used to extend the property policy to cover any newly acquired or newly constructed values after its acquisition or construction begins until it is reported to the carrier or the end of the policy, which ever is less. PEPIP Covers until expiration without premium, $5,000,000 except for the peril of earthquake and flood. Earthquake and flood incurs premium from acquisition and must be reported within 120 days. Unintentional omission through error is covered. Aetna Covers newly acquired and not yet reported locations for 90 days. Limit is 25% of building amount up to $250,000. Outside Signs Coverage - This endorsement is used to extend coverage to signs not attached to the building. Most property policies exclude unattached signs. PEPIP Included without sublimit. Aetna Covers to $2,500 each location. This a package coverage that can be increased. Personal Property In Transit Coverage - Without this endorsement, personal property is covered only within 100 feet of the scheduled locations. This is to extend personal property coverage while in transit to another location. PEPIP Included in policy limits. Up to $5,000,000. Aetma Covers to $5,000 in any one loss and can be increased. Personal Property Of Others - This is designed to protect against loss of personal property of others while in the City's care, custody or control. PEPIP Included in policy limits. Aetna Covers to $5,000 in any one loss and can be increased. Attachment A Page 16 Personal Property Off Premises - This provision is used to extend the personal property coverage while it is temporarily located at premises the City does not own, lease or operate. This is different than transit in that it is designed for property that has reached a temporary destination and is no longer being transported. PEPIP Included without sublimit. Aetna Covers to $10,000 in any one loss and can be increased. Revenue Interruption Protection - Similar to the business income, this coverage differs by extending coverage to tax revenue lost due to the destruction of real property not owned or controlled by the City of Temecula by a covered loss. PEPIP Not covered but available without earthquake or flood when values are reported AEtna Not covered. PEPIP Property Package Difference in Conditions (Earthquake and Flood) Total 3,380 31,118 $34,498 Attachment A Final Page 17 AEtna Property Package all options including earthquake Total $35,930 Property Package including earthquake with Risk Management premium savings, as identified in proposal. Remove blanket coverage Add Co-insurance Remove ordinance Remove glass Remove tenant impr6vements -1,500 -1,600 -2,100 -1,200 - 850 $28,680 Hartford Steam Boiler Coverage. ( recommended separately with any of the options. Driver or Stracho~) $ 1,374 ITEM 13 ORDINANCE NO. 9S-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING ~ts'xC PLAN NO. 213, AMENDMENT NO. 2 (PLANNING APPLICATION NO. 94-062) AMENDING ~C PLAN NO. 213 TO CHANGE THF~ ZONING FOR HANNING AlzE& 11 (32 ACRES) FROM VERY HIGH DENS1TY RF. SIDENTIAL (14-20 DWEt JJNG UN1TS PER ACRE WITH A MAXIMUM OF 360 MULTI- FAIVftLY DWELL~ TO MEDIUM DENSITY ~ENTIAL (2-S DW~J~ING UNITS PER ACRE WlTH A MAXIMI.WI OF 1~ ~INGLE FAIVffLY DVt~'~IJJNC~), LOCATED ON THE SO~T CORNER OF TOV~'N VIEW AVENUE AND MURRIETA HOT SPRINC~ ROAD. W!!EREAS, Ptdte Home Corp. flied PA94-(X}62 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; ~, Pulte Home Corp. has flied a request with the Local Agency Formation Commission of Riverside County to annex the subject sites to the City of Temecuta and has requested the City through its application PA94-0062 to pre-zone the subject site prior to its annexation; Wlt ESeE4~, said Specific Plan Amendment application was processed in the time and manner, prescribed by State and local law; WBERFAS, the Planning Commission considered said Specific Plan Amendment on January 23, 1995 at which time interested persons bad an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended appwval of said Specific Plan Amendment; WHt;KEAS, the City Council conducted a public hearing pertaining to said Specific Plan Amendment on Febnmry 28, 1995, at which time interested penons had an opportunity to testify either in support or opposition to said Specific Plan Amendment; WHtc~l?AS, the City Council received a copy of the Commission proceedings and Staff Report regarding the 'Specific Plan Amendment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOr-LOWS: Section 1. Findings. That the Temecula City Council hereby makes the following findings: Ords~95-4M I A. The CAW Council in approving the pro~sed Specific Plan Amendment, makes the following findings, to wit: 1. The project is consistent with the applicable General Plan. 2. The project is compatible with surrounding land uses which are future residential and commercial developments. 3. The project site is located within the CAty's Sphere of Influence. 4. Mitigation measures in Environmental Impact Report for Specific Plan No. 213 will reduce the impacts of the project. 5. The site of the proposed project is suitable to accommodate the land uses .permitted in Specific Plan No. 213 due to the fact that the development standards and Conditions of Approval proposed within the Specific Plan and the mitigation measures within the i~XR. ensure orderly development of the site. 6. Said findings arc supported by analysis, maps, exhibits, and environmental documcnts' associated with this application and herein incorporated by reference. Section 2. Rnvironmental Comg!ignee. According to Section 15182 of the California Environmental Quality Act Guidelines, no further environmental analysis is required for this pwject since an Environmental Impact Report was previously certified by the County. Section 3. Conditions. The City Council of the City of Temecula hereby approves Amendment No. 2 to Specific Plan No. 213 (PA94-0062) to change the zoning for Planning Area 11 (32 acres) from Very High Density Residential 04-20 units per acre with a maximum of 360 multi-family dwellings) to Medium Density Residential (2-5 dwelling units per acre with a maximum of 150 single family dwellings), located on the southwest corner of Town View Avenue and Murrieta Hot Springs Road, as more specifically and set forth in PA94-0062, and subject to the Conditions set forth in Exhibit A to this Ordinance and incorporated herein by this reference. Section 4. This Ordinance shall be in full force and effect thirty 00) 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 rn 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 CAerk 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. OulsLOS-04 2 Section 5. PASSED, APPROVED AND ADOPTlID this 14th day of February, 1995. ldfrey E. Stone, Mayor ATI'E3T: une s. 6ree city C_3erk [SEAL] STATE OF CAY-u~ORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEIdECD'LA) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 95-04 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 28th day of February, 1995, and that thereafter, said Ordinance was duly adopted and passed a regular meeting of the City Council on the 14th day of March, 1995 by the following roll call vote: 0 COUNCILMEMBERS: None NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None lune S. Greek, City Clerk, CMC Ords~95-04 3 EXHIBIT A TO ORDINANCE NO. 95- , CONDITIONS OF APPROVAL R:\STAFFRPT\(~'PA~,.CC 2/21195 ktb 8 EXHIBIT A TO ORDINANCE NO. 95- , CONDITIONS OF APPROVAL FOR PA94-O062 CITY OF TEMECULA CONDITIONS OF APPROVAL Silver Hawk Specific Plan Amendment- Planning Application No. 94-0062 Project Description: A request for approval of Amendment No. 2 of Specific Plan No. 213, Silver Hawk, by changing the zoning of Planning Area 11 from Very High Density Residential (14-20 dwelling units per acre with a maximum of 360 multi- family dwellings) to Medium Density Residential (2-5 dwelling units per acre with a maximum of 150 single family dwellings) and establishing Zoning and Development Standards to - allow the development of 150 single family dwellings. Assessor's Parcel No.: Approval Date: 914-260-059AND 914-260-062 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Seventy-Eight Dollars (978.00) County administrative fee, to enable the City to file the Notice of Exemption required under Public Resources Code Section 21152 and California Code of Regulations Section 15094 15062. General Conditions The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Specific Plan Amendment which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 st sea., including but not by the way of limitations Section 21152 and 21167). City shall promptly notify the developer/applicant of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. R:\STAFFRPT\62PAg~.CC 2/21/95 ktb 9 10. 11. 12. 13. All development within this site shell be in accordance with the requirements of Development Agreement No. 9, including all City ordinances applicable under the terms of Development agreement No. 9. All landoooping oholl be oonoiatont with the WOteF Cffioiont Londeooping Ordinonoo. This project and all subsequent projects within the site shall comply with all mitigation measures identified in the Final Environmental Impact Report unless modified by the Conditions of Approval. Prior to is;uance of grading permits, approval of development permits, racordation of final maps, issuance of building permits and issuance of occupancy permits for any subsequent projects or activities within the site, the applicant/developer shall demonstrate by submittal of a written report that all mitigation measures identified in the Mitigation Monitoring Program.within the FEIR have been satisfied for the stage of development that permits are being issued for. The developer or the developer's successor-in-interest shall be responsible for maintaining the undeveloped portion of the site including weed abatement and litter removal. The applicant shall deposit sufficient funds with the City of Temecula to retain the services of a qualified consultant to administer and implement the Mitigation Monitoring Program approved for this project as part of the Environmental Impact Report prepared for Silver Hawk in compliance with Assembly Bill 3180. If any of these conditions of approval differ from the Specific Plan text or map exhibits or any other documents, the conditions enumerated herein shall take precedence. Any proposed amendment to this Specific Plan shall require public hearings and review by the Planning Commission and City Council, and/or shall be reviewed in accordance with such rules and regulations for the review of Specific Plan Amendments as may have been adopted by the City and which are in effect at the time of any proposed amendment is submitted. The developer, Assessment DistriCt 161 or Community Facilities District 88-4 shall be responsible to pay all the costs associated with providing the necessary infrastructure for the project. The City of Temecula shall not be responsible to pay for any necessary infrastructure improvements associated with this project. A Mitigation Monitoring Program shall be submitted prior to approval of any implementing applications. Approval of the GilveF I lawk G;pooifie Plan Amendment No. 2 io oontingont upon and oholl not booarea offootivo, nor oholl it year, until the applioont hoe roaohod and rooordod o binding mitigation agreement with the Tomooule Volley Unified Sohool Diotrict to onouro the mitigation of the now otudonto generated by thi,J projeer if the City Counoil adopts the Gohooi Mitigation Reoolution aa rooommondod for approval by the Ranning Commiaoion. Refer to the Tomooula Volley Unified Sohool Dietriot latter dctod January 13, 1001~. {Deleted by Planning Commission on January 23, 1995) R:\STAFFRPT\62PA96.CC 2/Zl/95 ktb 10 DEPARTMINT OF PUBIIC WORKS The following am the Department of Public Works Conditions of Approval for this project, and shell be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood-that the Developer correctly shows on the tentative site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may 'require the project to be resubmitted for further review and revision. General Requirements 14. The additional access on Murrieta Hot Springs Road has not been reviewed and approved by the Department of Public Works and should not be considered a part of this Specific Plan Amendment. In order for the Department of Public Works to support this additional access to Murrieta Hot Springs Road, subsequent Traffic Studies will be required. 15. All street sections shall correspond with Typical Roadway Cross Sections and requirements of the Circulation Element of the City's General Plan, City Ordinances and standards. COMMUNITY SERVICES DEPARTMENT 16. Pursuant to the City's park land dedication requirements (Quimby), the developer or his successor(s), shall enter into an agreement and post bonds to dedicate park land, or pay the appropriate in-lieu fee, prior to recordation of each respective final map. 17. All park facilities, and/or other recreational areas, intended for transfer to the City "in- fee" shall be dedicated free and clear of any liens, assessments, or easements that would preclude the City from using the property for public park and/or recreational purposes. A policy of title insurance and a soils assessment report shall also be provided with the dedication of the property. 18. All park facilities, slope areas, parkway landscaping, trails and medians shall be improved in conformance with the City of Temecula Landscape Development Plan Guidelines and Specifications. 19. Bike lanes and recreational trails shall be designed to intercept with the City's Park and Recreation Master Plan. Class II bike lanes shall be constructed in concurrence with the with the street improvements. 20. Construction of the public park sites, landscaping, trails and medians proposed for dedication to the City shall commence pursuant to a pre-job meeting with the developer and the City Maintenance Superintendent. Failure to comply with the City's review and inspection process may preclude acceptance of these areas into the City's maintenance program. R:\STAFFRPT\62PAWe. CC 2/21/95 ktb 11 22. 23. 24. The developer, or his successor(s), shall maintain all park facilities, landscaping, trails and medians until such time as those responsibilities are accepted by the City. All perimeter walls, interior slopes, and open space shall be maintained by the individual property owner(s) or an established Home Owners' Association (HOA). All parks, slope areas, parkway landscaping, trails and medians, identified as City maintenance areas, shall be offered for dedication on the final map. Landscape construction drawings for all project areas (slopes, streetscape, medians, trails and parks) proposed for dedication to the City shall be reviewed and approved by the Director of Community Services prior to recordation of each respective final map. R:\STAFFRPT\62PA96.CC 2/21/95 kLb 52 ITEM 14 ORDINANCE NO. 9~-(B AN ORDINANCE OF THE CITY COUNCIL OF THE C1TY OF TEMECUIA PERTAINING TO OUTDOOR VENDORS AND ESTABLBnnNG REGUIATIONS FOR OUTDOOR VENDING. w~:uE,s,S, the City Council of the City of Temeafia hereby finds that Outdoor Vending on private propc~ty promotes public interest by contributing to an active pedestrian environment, and WHEREAS, the City Council of the City of Temecula further finds that reasonable regulation of outdoor vending is necessary to protect the public health, safety, and welfare. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Findings. That the Temecula City Council hereby makes the following findings: A. The planning agency and City Council find, in approving projects, adopting land use regulations, and taking other actions, each of the following: 1. That the regulations of outdoor vending activities set forth herein are consistent with the General Plan because the proposed action is consistent with the General Plan Village Center Policies which call for pedestrian oriented uses. 2. The proposed use or action complies with all other applicable requirements of state law and local ordinances. Section 2. *PurVose. The purpose of this Chapter is to set forth the development standards for the siting of outdoor vendors within the City limits. The purpose of these standards is to ensure that the design and location of these vendors are consistent with the health, safety, and aesthetic objectives of the City. It is a desire of the City that the design of this community be of the highest quality, that new development be architecturally distinctive as well as homogeneous in design, and that accessory facilities be compatible with the overall theme of the community. Recognizing that outdoor vendors offer the citizens of the community an alternative service, the regulations of this Chapter are enacted to: A. Promote public interest by contributing to an active pedestrian environment; · B. Set forth the conditions and requirements under which outdoor vendors may be permitted to operate on private propcaty. Seelion 3. ne~nttiox~. For purposes of this Chapter, the following words, terms, phm~, and their derivations, shall have the rnemnings given hea'cin. Then, consistent with the context, words used in the present tense singular include the plural. A. 'Applicant' means any person who seeks to obtain a vending license pursuant to the procedures and requirements of this Chapter. B. 'Developed' means property that is fully improved. C. 'Outdoor Vending License' means a license obtained pursuant to the procedures and requirements of this Chapter which permits a vendor to sell food or merchandise from a vending stand on private prolx~ty subject to the limitations of this Chapter and any other applicable hws. D. 'Outdoor Vendor' means any person who sells food or merchandise from a vending stand. E. 'Private Property' means privately owned, developexi, commcwial property within the City limits. F. 'Pushcart' means any device designed to be moved by human power, including, but not limited to, wagons, or other wheeled containers or conveyances. G. 'Vending' means the sale of food or merchandise from a rending stand operating on private property within the City limits. H. 'Vending Stand' means a pushcan, wagon, or any other wheeled vehicle or device which may be moved without the assistance of a motor or which my be towed by motor vehicle to the outdoor vending location and is used for the disphying, storing, or transporting of articles offered for sale by an outdoor vendor. ~tion 4. l ,icp-n~ and AkDplication A. T jcensinf. It shall be unlawful to sell, or offer for sale, any food, beverage, or merchandise.from a vending stand on any private pfopaty within the City limits without first obtaining an Outdoor VendhE License. Existing businesses which legally operate outdoor disphys of merchandise prior to the adoption of this Chapter, are not required to obtain an Outdoor Vending License for a period of one year from adoption of the Ordinance. B. Al~licn"on. The application for an Outdoor Vending l-ice:~se shall be signed by the applicant and shah include the following: 1. The name, home, and business address of the applicant, and the name and address of the owner Cff other than the applicant) of the vending stand to be used in the operation of the vending business. 2. A description of the type of food, beverage, or merchandise to be sold. 3. A description and photograph (including signage and colon) of any vending stand to be used in the operation of the business. 4. A site plan delineating the location of the vending stand. 5. A photograph or drawing of the vending stand to be used for review during the application approval triotess, showing materiMs, colon, and signage. 6. An application fee as established by Resolution of the City Council. 7. Written consent of the property owner to make the application. Section 5. l.~'uance. A. Not hter than thirty (30) days after the filing of a completed application for an Outdoor Vending License, the Director of Planning shall approve, deny, or condifonally approve the application and notify the applicant of his or her decision. B. Licenses to vend outdoor within the City limits Slnali be x~-v'iewed and approved by the Director of Planning in conjunction with the Business License Registration Program, Building and Safety, and Public Works Departments. C. There shall be at least two-hundred square feet (200 sq. ft.) of useable area for each allowed vending stand. The vending stand shall be free of all obstructions within a six foot (6') perimeter. D. Locations for vending in the City shall be approved by the Planning Director. Vending locations shall be designated based on the ability of the site to safely accommodate the use by not interfering with pedestrian ciratlation and access or vehicle circulation or parking. The Planning Director may require that the rending stand be removed from the location and stored out of public view when not in use. E. Vending locations may change only upon written request by an applicant and/or Outdoor Vending Licensee and appwval of the Director of Planning. OnIsW5-O5 All rending locations shall be on private propcat~ as previously defined in this Section 6. Term and R~m. wsl- suspended prior to expiration. An application to renew an Outdoor Vending License shah be made not later than sixty (60) days before the expiration of the current Outdoor Vending Business License Reghtration Program procedures outlined in this Code. Section 7.' Prohibited Conduet and Hm,rs of Ol)eration, conditions: It shall be prohibited for any vendor to operate under any of the following 1. Operate between 10:00 p.m. and 6:00 a.m. of the following day unless in conjunction with a special event as set forth in Riverside County Ordinance No. 348, Section 19.51 as adopted by the City. 2. Leave any vending stand unattended. 3. Store, park, or leave any vending stand within any public right-of-way or on any undeveloped or otherwise vacant property. 4. Sell food or beverages without appropriate Health Department permits for immediate consumption or otherwise unless there is a litter receptacle available nearby for public use. Alcohol sales shall not be permitted unless in conjunction with a special event. 5. Leave any location without first picking up, removing, and disposing of all trash or refuse remaining from sales made from the vending stand. 6. Allow any items relating to the operation of the vending business to be placed anywhere other than in, or under the vending stand. 7. Set up, maintain, or permit the use of any additional table, crate, canon, rack, or other device to increase the selling or display capacity of the vending stand where such additional items have not been approved by the Director of Planning. 8. Solicit or conduct business with persons in motor vehicles. 0 Sell anything other than that which the Outdoor Vending License 10. Sound or permit the sounding of any device which produces a loud and mucous noise, or use or operate any loud spe~_t-~, public address system, radio, sound amplifier, or similar device to attract the attention of the public. Have any flashing, rotating, or other similar lights or lighting to atWact the attention of the public or in violation of the California Vehicle Code Section 21466.5. Section 8, Safety A. All vending stands in or from which food is prepared or sold shall comply with the following requirements: 1. All equipment installed in any pan of the vending stand shall be secured in order to ~event movement during transit and to prevent detachment in the event of a collision or overturn. 2. All utensils shall be stored in order to prevent their being hurled about in the event of a sudden stop, co111~on, or overturn. A safety knife holder shah be provided to avoid loose storage of knives. 3. Compressors, auxiliary cnginu, generators, batteries, battery chargers, gas fueled water heaters, and similar equipment shall be installed so as to be hidden from view to the extent possible and be easily accessible. B. No vending stand ,~h~l! exceed four feet (4') in width, six feet (6') in length, and eight feet (8') in height, inclusive of sigrmge, umbrellas, etc. Section 9. ]liqplay of Outdoor Venalrlg Tlcenqe. A. All Outdoor Vending Licenses shall be disphyed in a visible and conspicuous location at all times during the operation of the vending business. Section 10. Advertl~inf. A. No advertising, except the posting of prices, shall be permitted on any vending stand, except to identify the name of the product or the name of the vendor. Section 11. Denial. Suipen.~ion. And Revocation. A. Any Outdoor Vending License may be denied, suspended, or revoked in accordance with the procedures contained in this Code for any of the following causes: Vending License. Fraud or misrepresentation contained in the application for the Outdoor 2. Conduct of the licensed business in such a manner as to create a public nuisance, or constitute a danger to the public health, safety, welfare, or morals. 3. Conduct which is conUaty to the pwvisions of this Chapter. B. Any person wishing to appeal any denial, suspension, or revocation of an Outdoor Vending License may do so, pursuant to the authority and procedures of Chapter 2.36 of this Code. Section 12. Penalty for Violation A. Any viohtion of any of the requirements of this Chapter shah be an infraction and any viohtor may be punished pursuant to Section 1.20 et IlL of this Code." Section 13. If any section, subsection, subdivision, sentence, chuse, phrase, or portion of this Ordinance, is for any reasons held m be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, chuse, phrase, or portion thereof, hrespeciive of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 14. The City Clerk shall cause this Ordinance to be appropriately codified in the Municipal Code. Section 15. This Ordinance shall be in full force and effect thirty 00) 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 16. PASSED AND APPROVED this 14th day of March, 1995. Jeff-xW E. Stone, Mayor ATrEST: June S. Greek, CiW Clerk, CMC APPROVED AS TO FORM: Gregory G. Diaz Assistant City Attorney [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. ~ City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 9~-0~ was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 28th day of February, 1995. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 14th day of March, 1995, by the following vote, to wit: 0 COUNCH_MEMBERS: None NOES: 0 COUNCK,MEMBERS: None ABS~: 0 COUNCILMEMBI~RS: None June S. Greek~ City Clerk, CMC ITEM 15 APPROVAL ~ CITY ATTORNEY FINANCE OFFIC R CITY MANAGE CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Mary Jane McLamey, Assistant City Manager~~ March 14, 1995 Amended Animal Control Agreement and Animal Control Ordinance and Resolution RECOMMENDATION: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 95 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING SECTION 6.04.010 AND ADDING CHAPTERS 6.02, 6.06 AND 6.08 TO THE TEMECULA MUNICIPAL CODE REGULATING THE KEEPING AND CONTROL OF DOGS, CATS AND OTHER ANIMALS 2. Adopt a resolution entitled: 'RESOLUTION NO. 95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABUSHING ANIMAL UCENSING FEES, AND ADOPTING STANDARDS FOR THE OPERATION OF KENNELS AND CATTERIES AND POLICIES FOR THE DISPOSITION OF IMPOUNDED ANIMALS Approve the First Amendment to the Agreement for Animal Control Services and authorize the Mayor and City Attorney to execute the Amendment. BACKGROUND: The attached Ordinance and Resolution codifies the County Ordinance which had been adopted by reference. There have been no changes recommended in the substance of the Ordinance or the licensing fee, however, we will include the fee structure in the scope of the User Fee Study, The amendment to the Animal Control Agreement provides for a 30% increase in fees to the County. It is the first increase in fees eince the City entered into the agreement on April 14, 1992. In order to control the cost of animal control services, staff will be issuing an RFP for Animal Control Services in April. FISCAL IMPACT: Adequate funds ere available in the FY 94-95 budget for the proposed amendment. ATTACHMENTS: Animal Control Ordinance Animal Control Resolution Animal Control Agreement First Amendment to Animal Control Agreement ATTACHHENT FIRST AMENDMENT TO AGREEMENT FOR ANIMAL CONTROL SERVICES That certain Agreement between the COUNTY OF RIVERSIDE and the CITY OF TEMECULA dated April 14, 1992, Agenda No. 3.29, is hereby amended as follows with emphasis on underlined text: Page 1, lines 12 through 16 shall read: "WHEREAS, COUNTY and Lake Elsinore Animal Friends, located at 29001 Bastron Avenue, Lake Elsinore, California, hereinafter referred to as -Sg~mTER," has entered into a cont.~nu~nq agreement whereby SHELTER is obligated thereunder to perform certain services for COUNTY' relating to dogs and other domestic animals delivered to SHELTER by COUNTYy . . . Page 1, lines 22 through 29 shall read: "1. C~ tv Ord~ nances. CITY has incorporated into the City ' s Municipal Code, substantially the text of County Ordinances Nos. 534, 630 and 715, dealing with procedures and standards for the licensing, impounding, regulation, and control of dogs and other domestic animals, and authorizing the seizure, impoundment and termination of ownership rights in abandoned, neglected or cruelly ~reated animals. CITY further agrees to take such action as is necessary to incorporate into the City's Municipal Code, substantially the text of County Ordinance Nos. 534.5 and 630.4 also relating to animal control matters. CITY hereby agrees to maintain the same in force so long as this Agreement, or any extension thereof, shall remain in force. Two (2) certified copies of the Municipal Code Sections or the ordinances incorporating the County Ordinances or amending or repealing the same, shall forthwith upon adoption of the ordinances be furnished to COUNTY; one of said copies to be furnished to the Contracts Administrator, and the other to the Clerk of the Board of Supervisors." Page 1, lines 30 through 31 shall read: "2. Term. The term of this Agreement shall commence upon execution and shall terminate June 30, 1995. automatically renew.~ng on a year-to-year hasps on ~lv 1 o~ each consecutive vea~ to a ~na] t~m~nat~on date o~ June 30. 2000. subject to the riaht by e~ther Pa~tv of cancellation without cause upon s~xtv [60~ days' wr.~tten notice to the other Party." Page 3, lines 2 through 3 shall read: wRegular time - 8:00 a.m. to 5:00 p.m. - $41.00/Hour weekdays with exception of Holidays. sOrertime - In excess of 8 hours per day - 47.00/Hour or at anytime on Saturdays, Sundays, or Holidays. Page 3, lines S through 12 shall read: "In addition, CITY shall compensate COUNTY at the following rates, or in accordance with those fees as amended in the relative agreement between COUNTY end SHELTER, for every live dog or other domestic animal C0UNTYdelivers to SHELTER as provided in Paragraph 3 heroin: and and (a) $17.00 per live weaned animal delivered to SHELTER; (b) Additional fees for animals housed in excess of ten (10) days$ i.e., evidantiary animals: (1) Dogs/cats - $2.00 per day. (2) Birds/fowl - $1.00 per day (3) Farm-type enimals - $3.50 per day; (c) $25.00 per month to offset a portion of the rental expense paid by SHELTER for euthanasia freezers. Amendment to fees may be subject to administrative approval and application as set forth in paragraph 16 heroin. Page 3, line 24 shall read: "sufficient to cover the expenses of Fiscal Year 1994-95, or any succeeding fiscal year, CITY shall..." Page 4, line 10 shall read: "California Penal code Section 597.1." Page 5, lines 29 through 31 shall read: - . This Agreement may be clxAndec{ ~}r'mixl~tfiec{ Aniy'u~oA ~Ja~ mittera consent of ~- P~ies h~eto vi~ ~e exception of ~e provision for ~ose o~ational proced~es ~d ~e condu~ of pr~ manag~ent not alleging ~e ~sic ~t~t of ~is Age~t, which ~y ~ a~inis~ati~ly au~orized ~d m~aged ~ ~e ~Y Director of ~viro~ental Heal~ and ~e CI~ Mang~ for ~e City of T~e~la. All other terms end conditions of this Agreement are to remain unchanged. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representative to execute this Amendment. COUNTY OF RIVERSIDE CONTRACTOR CITY OF TEMECULA BY Chairman Board of Supervisors By Jeffrey E. Stone ATTEST: Gerald A. Maloney, Clerk By Deputy (SnL) Mayor First Amendment to Agreement for Animal Control Services County and City of Temecula ATTACHHENT RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING ANIMAL LICENSING FEES, AND ADOPTING STANDARDS FOR THE OPERATION OF KENNELS AND CATTERIES AND POLICIES FOR ~ DISPOSITION OF IMPOUNDED The City Council of the City of Temecula .hereby resolves as follows: Sectl on ~. Pursuant to Temecula Municipal Code Section 6.02-.020 F and K, the following dog license fees are established. Fee Schedule 1 mr 2 mr 3 mr Late Fee Altered Dog $ 8.00 S12.00 S16.00 S20.O0 * Unaltered Dog $25.00 S50.00 S75.00 S20.00 * Altered Dog - Ouned by Senior Citizen S 3.00 S 5.00 S 7.00 515.00 * (60 ~esrs or older) proof of age required. " Transfer Fee $ 2.00 $ 2.00 $ 2.00 II/A * A late ~ee shall be charged if the thirty (~0) day recluirment is not Secti on 2. Pursuant to Temecula Municipal Code Section 6.02.030, the annual license fee for cats shall be $9.00. Section 3. Pursuant to Temecula Municipal Code Section 6.02.040, the fees for kennel and cattery licenses shall be as follows: 1. Class I Kennel license, one (1) year $160.00 2. Class I Kennel licanse, two (2) years $220.00 3. Class II Kennel license, One (1) year $200.00 4. Class II Kennel License, two (2) years $320.00 5. Cattery license, one (1) year $160.00 6. Cattery license, two (2) years $220.00 7. Late fee fifty percent (50%) of ~he applicable one (1) year license fee Section 4. Pursuant to Temecula Municipal Code Section 6.02.060 B, the license fees for a kennel or cattery operated as a rescue facility shall be fifty percent (50%) of the applicable kennel or cattery license. · ~:140~.1January 2a~, 1995 i Sect4 on 5. Pursuant to Temecula Municipal Code Section 6.02,100A, the following fees are established for redemption of · impounded dogs and cats. First impoundment within a twelve (12) month period - $15.00 plus $5.00 for each day of impoun~t. For the second impoundmet within a twelve (12) month period - $25.00 ~lds' '$5.00 for each day of impoundmant. For the third or subsequent impoundmerit within a twelve (12) month per.iod - $30.00 plus .$5.00 for each day of Notwithstanding any other provisions of this Resolution, where a sterile dog or sterile cat belonging to a.person sixty (60) years of age or older is impounded and the owner produces a certificate, signed by a veterinarian that such animal is permanently unable to reproduce, the base impeundment fee for such animal shall be fifty percent (50%) of the applicable impoundment fee specified in this chapter plus $5.00 for each day of impoun~ment. Sect.4on 6. Pursuant to TemeculaMunicipal Code Section'. 6.02.100B, the fee for destruction and disposal of any cat or dog is $10.00. section 7. Pursuant to Temecula Municipal Code Section 6.06.120, the maintenance fee for impounded animals shall be as follows: 1. For the maintenance of swine, goats and sheep: per animal, for each day,of impoundment - $5.00 2. For the maintenance of horses and cattle: animal, for each day of impoundment - $5.00 per 3. For the maintenance of ponies: per animal, for each day of impoundment - $5.00 4. For the maintenance of fowl: per animal, for each day of impoundment - $1.00 5. 'For the taking UP of horses, cattle, ponies, sheep and goats and adult swine: per animal - $20.00 ! Section 8. Pursuant to Section 6.02.040 G of the Temecula Municipal Code, the City Council adopts the following standards for the operation of kennels and catteries: ..1January 24, 1995 ~ee.~ n~ t~ one. The definitions used in these standards 2 shall be the same as those in Section 6.02.010 of the Temecula Municipal Code. II. Standards for- A11 Kennel s ~nd C~tte~.~ es. 1. All kennels and carteties shall comply with all statutes, ordinances, ru/es and regulations applicable thereto. 2. All kennels and catteries shall be constructed, maintained and'operated in such a manner as to preserve and protect the general health, safety and welfare of the public and the animals maintained in such' kennels and catteries. In furtherance of this purpose, .the Chief Animal Control Officer may, in his discretion, impose such reasonable standards in addition to those contained herein, upon any kennel or cattery located in the City. 3. All housing facilities for animals must be constructed, equipped and maintained so as to continuously provide a healthful, safe and sanitary environment for the animals which are kept therein. Interior walls of indoor housing ereas shall be constructed of an impervious material that can be washed and sanitized. 4. All kennels ~d catteries shall provide adequate shelter from the elements and sufficient exercise space for all of the animals maintained therein. 5. Water for drinking shall be available to the animals at all times. 6. A suitable and sufficient supply of appropriate food for the animals shall be maintained on hand and provided at appropriate intervals. 7. Animal food' shall be stored under sanitary conditions and food and water receptacles shall be of a material which can be easily cleaned and disinfected. Each kennel and cattery facility shall contai~ a water basin for the cleaning of · food and water =receptacles. S. Kennel and cattery facilities shall have ample and well distributed light. Such lighting may be by natural or artificial means and shall be adequate to permit observation of the animals and to allow for proper cleaning. '.aNGE:l/,IM,.1Januery 2/,, 1995 3 Kennel end cartsty facilities shall be adequately ventilated at all times to provide for the health end comfort of the animals. 1. . Fresh air shall be provided by mew of windows, doors, vents, or air conditioning end kennels end cart,rise shall be ventilated as to minimize drafts, odors end condensation of moisture. Auxiliary vetilation such as fens or air conditioning or .similar cooling devices shall be provided when deemed necessary by the Chief Animal Control Officer. Heating shall be. provided when deemed necessary by the Chief Animal Control Officer. Each kennel end cartsty facility shall have available spray equipment and chemicals to control flies end other insects, end rodents.- .1Jenuery 2&, 1~ Each kennel end cattery shall provide for the daily disposal of animal wastes· If disposal is by other than a .sanitary sewerage system, animal wastes shall be picked up not less then once each day, or more often as needed. Once picked up, enimal wastes shall be placed in fly-tight containers until removed from the kennel premises. Said containers shall be transported to an appropriate diSp0sal site not less than once each week. 15. Water hoses shall be positioned so as to provide ready capability for washing down all enimal wastes. This shall be done often enough each day so as to prevent the build-up of noxious orders, end in no event shall be done less then once each day. All runoff which contsins enimal wastes must be maintained within the confines of the kennel or cattery premises. All areas wherein water is utilized as a method for the cleaning of enimal wastes shall be connected to en appropriate disposal system. 16. The overall kennel and cattery premises shall be kept free] of trash, waste end debris of eny kind. 17. If a kennel end a cattery are operated or maintained on the same premises, they shall be separated from one smother by a solid partition wall which has no doors or windows that communicate from one side of the wall to the 4 other. Such promises shall comply with such other requiroments as the Chief Animal Control Officer may reasonably impose under the circumstencom. III. stana~ds fo~' Class T Ke~ue3s 1. All dogs shall be maintained end confined in a house-type enclosure between the hours of 10:00 p.m., end~ 6'.;iO0'~'.m., except that up to four (4) dogs may-be unconfined on the kennel promises during such hours. 2. Dogs shali not be housed or maintained in any area which is less then twenty (20) feet from any property line and no closer then five (5) feet from any structure located on the kennel promises which is used.-for human habitation, except that where a dwelling house is located on the kennel premises any number of dogs may be taken into said house for temporary periods. As used in this subsection, the term "dwelling house" shall also include a bern, garage or similer appurtenant structure or outbuilding. 3. Dogs may be ~exercised on any portion of the kennel.~ premises. 4. The Chief Animal Control Officer shall have discretion to determine whether runs shall be required.. Where so required, the runs shall comply with such specifications as the Chief Animal Control Officer shall prescribe. 5. The kennel shall be enclosed by a perimeter fence erected f~r the purpose of containment7 such fencing .s~all be .of such height and material as are approv. ed by the Chief Animal Control Officer, and shall comply with all applicable building laws, ordinances, codes and regulations. 6. A caretaker ~hail be required to be on the kennel premises on a daily basis. S~mndar~m for C3~sS TT Kennems 1. Section III, subSections 1, 2,, 3, end 5 herein shall be applicable to Class II kennels. A live-in caretaker is required who shall be on the kennel premises daily· All kennels 'shall be constructed so that there is tAIIGE:14~.1Jarmry 24,,, 1995 5 an indoor housing area and an outdoor run. Runs shall be constructed and located not closer than five (s) Zest to any structure used for human habitation located on the kennel praises and not closer than twenty (20) feat to any property line. Indoor housing areas shall be constructed so as to be capable of being enclosed during inclement weather, to provide for noise control and shall be of a sizd'~r~fb~ent to accommodate the number of dogs housed therein and said number shall be subject to the discretion of the Chief Knimal Control Officer. Formula: Example: 2x24 Outaide runs shall contain a minimum of twenty- four (24) square feet and shall not be less than three (3) feet wide· Runs shall be enclosed with chain link.. fencing which shall be not less than six (6) feet in height. A pertion of the run shall be shaded from direct sunlight. Each dog confined in such run shall be provided a minimum square footage of floor space equal to twice the mathematical square of the sum of the length of the dog in inches, as measured from the tip of the dog's nose to the base of the dog's tail, plus six ( 6 ) inches, expressed in square feet. The foregoing formula is expressed as Sollows: 2 x (length of dog in inches) = 6 inches - inches or square feet Adult dog measuring 24 inches: z = 6' ~ 1158e or 8 square feet V. St~nd~m Flooring of'runs'shall be constructed so as to protect the dogs' feet and legs from injure and appropriate methods of drainage shall be employed to rapidly eliminate excess liquid from such flooring· · or G-ard ~oq. ~nd Sentry DoqKennels. ,.1Jmry ;4° 1995 · Kennels in which five (5) or m ore guard dogs or sentry dogs or any combination thereof are kept and maintained shall comply with the standards provided herein for all kennels and carteties and for kennels in accordance with the particular kennel license issued by the Chief Animal Control O~ficer and in addition, shall also comply with the following: 6 Each such kennel shall ha enclosed by perimeter fencing of at least six (6) foot high chain link with a double entry safety gate. Such perimeter fencing shall be escape proof in that it shall be anchored solidly to the ground in such a manner to prevent dogs from escaping by digging under the fence end of sufficient height to prevent dogs from esca~i~'~b'~' climbing over the fence. If necessary, to accomplish the intent of containment, a cover over the fenced area shall be finstalled. There' shall be self-locking latches on each individual dog run. A sign ,,ha.l-1 be posted at the enntrence to the kennel warning members of the public of the type(s) of dogs maintained therein. Such sign shall be of sufficient size end construction to alert reasonuble persons of the dengers of unauthorized entry. Stanaards for Cattot4'-e 1. A live-in caretaker is required to be on the catteryp~em~ses daily. 2. The catte~sha11 be located in a building wherein the walls endlfloor are constructed of an impervious material which con be washed end sanitized, at.least ~wenty (20) feet from eny property line end not less ~han five (5) feet from any structure on the kennel promises which is used for human:habitation, except that where a dwelling house is located on the cattory promises eny number of'catsimay be taken into the house for t~mporary'periods. Mused in this subsection, the term udwelling housee shall also include a barn, garage or similar appurtenant structure or outbuilding. Notwithstanding eny provision of these Standards for Kennels end Cart.rise, no catterM shall bei operated or maintained in a structure used for human habitation or in a garage. sect4on 9. Pursuen~ to Section 6.06,140 B of the Temecula Municipal Code, the City Council adopts the following policy the disposition of enimals seized, impounded and forfeited puredent -to this Chapter 6.06 of the Municipal Code: Animals sAized,~hnpounded end forfeited under 'JkllGE:l~,O~.lJanuary 2&, 1995 i 7 Chapter 6.06 of the Temecula Municipal Code shall be disposed of in the following manner and upon payment of the following fees: All bovine animals shall first be offered to the State Director of Agriculture in accordance with state law. In the event the animals ere not accepted by State Director of Agriculture, they shall be disposed of as follows: ............. Swine, goats and sheep shall first be offered to one or more 4-H Clubs located in the general region where the animals were seized as determined by the Chief Animal Control Officer or his designee. Next, such enimals shall be offered to such organizations and persons who have volunteered.-~o-receive such animals and have given written notice hereof to the Chief Animal Control Officer or his designee. In no event shall such animals be returned to the person or persons who were responsible for their ill treatment or care. ;.1January 2&, 1~5 Horses, mules,' burros and bovine animals shall first be offered to the BLM if 8/iy such animal or animals now available for placement were 'previously within the jurisdiction of the BLM and · had been placed by that agency. Such animals shall then be offered to the Indio Sheriff's Posse if they were seized in the eastern portion of Riverside County, or to the Riverside County Sheriff's Posses West, if they were seized in the western portion of Riverside County. Thereafter, such animals shall be offered to a 4-H Club in the general region of the seizure as determined by the Health Officer or his designee. Next, such animals shall be offered to a person or organization Selected from a list of persons and organizations which have volunteered to receive such enimals end have given written notice thereof to the Health :Officer or his designee. In no event shall such animals be returned to the person or persons who .were responsible for their ill treatment or care. Animals not listed above shall be turned over to the Chief Animal Control Officer or his designee to be disposed of in such manner as he sees fit. Charges for such.disposition are to e comprised of the County's administrative charge of $20.00 end costs incurred for the boarding of each animal 8 during the impound period, not to ~xceed $5.00 per day for feeding/boarding and reasonable and/or routine veterinaz7 care. the person or parsons convict~d shall be liable for the reimburs~ment to the County of all costs incurred relating to the animal or animals from the time of seizure to the time of final disposition. Sec~c4on 10. Pursuaht"~ =S~ction 6.02,110 A of the Temecula Municipal Code, the City Council adopts the following deposit for the adoption or purchase of any dog or cat which has not been spayed or neutered from any public pound, animal shelter, society or organization: 1. A deposit in the amount of twenty dollars ($20.00) per animal shall be paid by the adopting person or purchaser to the--peand, shelter, society or or~enization from which the subject dog or cat is being adopted or purchased, with the exception that when a female dog or her puppies are adopted or purchased by one (1) person, only a single such deposit shall be required. 2. Upon the p~Santation to the Chief Animal Control Officer of a written statement or receipt from a veterinarian that such adopted or purchased dog or cat has been speyed Or nehtsred, fifteen dollars ($15.00) of such deposit shall be refunded to the person who paid the depos.it. 3. Notwithstanding the above, any dog or cat-over six (6) months of age at the time it is adopted or purchased, shall be spayed or neutered within sixty (60) days of the date of adoption or purchase or the deposit shall be deemed unclaimed and nonrefundable. 4. Notwithstanding the above, any dog or cat under the age of six (6)~mon~xs at the time it is adopted or purchased, shall be speyed or neutered within six (6) months or the deposit shall be deemed unclaimed and nonrefundable-, tAeGE:l/,O~..1January 2&, 1995 PASSED AND ADOPTED by the City Council of the City of Temecula at its regular meeting held on the day of 1995. ............ MAYOR OF THE CITY OF TEMECULA ATTEST CITY CLERK OF THE CITY OF TEMECULA 1January 24,, lf'g5 10 STATE OF CALIFORNIA ) ) COUNTY OF ORANGE ) SS I, , City Clerk of the City of Temecula, DO HEREBY CERTI~ that the foregoing Resolution was duly adopted at a regular meeting of said City Council held on the day of · 1995~ by th~"~11owing roll call vote: AYES: 'COUNCIL B~BER: NOES: COUNCIL MEMBER: ABSENT: COUNCIL MEMBER: CITY CLERK OF THE CITY OF TEMECULA ',AliGE:l~O4.1January 24, 19~5 11 ~ ATTACHMENT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEaxT-TNG SECTION 6.04.010 AND ADDING CBAPTEES 6.02, 6.06 AND 6.08 TO THE TEMECULA MUNICIPAL CODE ~TING THE KEEPING AND CONTROL OF DOGS, CATS AND OTHER ANIMALS " THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ~BY ORDAIN AS FOLLOWS: Section 1. Section 1.08.020 of the Temecula Municipal Code is amended to remove Ordinance 534 from the list of County Ordinances adopted by reference. Section 2. Chapter:6.02 is added to the Temecula Municipal Code to read as follows: "ChxDter 6.09. Keeping xnd controll~na Dogs and Cats: Con~roq xnd S-oDress~on of R~h~es. Sect4on 6.0~-.030. ne~4~4t4ons. Whenever, in this Chapter or in any resolution or standard adopted by City Council pursuant: to this Chapter, the following terms are used, they shall have the meaning ascribed to them in this Section, unless it is apparent from the context thereof that soma other meaning is intended. A. -~4msl Rescue~w means any individual who routinely obtains a dog or cat from the rightful owner of said animal, or any animal from an animal shelter that has been retained in accordance with this Chapter. B. "At Ts~ae- means any dog which is off the premises of its owner, custodian or caretaker and which is not under physicel restraint by a leash of a size and material appropriate to the size and temperament of the dog end which is held by a person capable of restraining such dog, or is not otherwise physically restrained by some other device or instrumentality, except ~hat such device or instrumentality shall not include voice control, eye control or signal control of the dog by any person, device or instrumentality. C. "Cxtterv" means any building, structure, enclosure or premises whereupon, or within which, ten (10) or more cats, four (4) months of age or older, are kept or maintained. D. "Chief .)J'l~ma] Control Offlcere means the Chief Animal Control Office of the City. City may contract with the County of Riverside or any other public or private agency to serve as .the Chief Animal Control Officer- E. mCl,,s V l~mnnm~m means any building, structure, enclosure or premise whereupon, or within which, five (5) to ten (10) dogs, four months of age or older, are kept or maintained. F. MCl~$ TT Ker~lelw means any building, structure, enclosure or premise whereupon, or within which, eleven (11) or more dogs, four (4) months of age or older, ere kept or maintained · G. w~,4de ~o~w means any dog mined or being reared, trained or used for the ~se of guiding a blind person. H. "He~3th Of~4c~" means the Health. Officer of the County of Riverside or his duly authorized representative* I. .Tw,,o-n,qea" Roans having bee received into the custody of any animal control center, enimal control officer, enimal control vehicle or peace officer duly authorized by the City of Temecula to receive such animal. J. "Pea. on" means ~any individual, firm, partnership, joint. venture, corporation, association, 01ub or organization. K. -I~h34c ~t4tv- means any state, or public subdivision, municipal corporation or, agency thereof. L. "Sant~V ~oa" means any dog trained to work without supervision in a fenoed facility and to deter and detain unauthorized persons found within the facility. The term 'guard dog" shall also mean msen~--'7 dog". M. "Serv4ce ~oa~ means any dog being reared, trained or used for purposes of fulfilling the particular requirements of a physically disabled person including but not limited to minimal protection work, rescue work, pulling a wheelchair or fetching dropped items. N, --~4ana3 ~oaw. means any dog trained or being reared or trained or used for the purpose of alerting a deaf person or a person whose hearing is impaired, to intruders or sounds. O. "Un~ 4 tensea ~oa" mea~s any dog for which no valid license is currently in force. p. "UnA3te~e~ A~a Unsp~Ve~" means a condition that exists in an animal which permits the producing of offspring. A dog or cat that has not been speyed or neutered. ,ItAiGE:l~OS.1Jenuery Z$, 1~5 2 = i Q. -Vacc.4nat4on' means inoculation against rabies of any dog or cat, four (4) months of age or older, wi~h any canine prescribed for the purpose of the California Department of Health Services. R. ~Vetew4nmw.4mna means a person holding a currently valid license to practice veterinary medicine issued by the State of California pursuant to .chap.t..er..11 of the california Business and Professions Code. S. "V4C4o-S Dog/V4C.4O,,~ ~t" means any dog or cat which has bitten a person or animal without provocation or direc~cion or which has a disposition or propensity to attack or bite any person or animal without provocation or direction. Sect.4on 6.02.09.0. Ms~d~torv noa Tacens~ng ~nd V~cc{nat~on. A. Except as provided in Section 6.02.040 A, it shall be unlawful for any person to own, harbor, or keep any dog, four (4) months of age or older, within the City of Temecula, for a period longer then thirty (30) days, unless a currently valid license tag has been issued by Chief Animal Control Officer. B. It shall be unlawful for any person to own, harbor or keep any dog, four (4) months of age or older, within the City of: Temecula, for a period longer then thirty (30) days, which has not been vaccinated against rabies. Every person in the City of. Temecula who owns, harbors or keeps any dog over four (4) months of age for a period longer than thirty (30) days shall have such dog vaccination shall be renewed in accordance with the applicable laws and regulations of the State of California. C. Each veterinarian after vaccinating any dog shall sign a certificate of vaccination in duplicate in the form required by the Chief Animal Control Officer. The veterinarian shall keep on (1) copy and shall give one (1) copy to the owner of the vaccinated dog and the owner shall retain such copy in his possession. D. The Chief Animal Control Officer shall issue a license only upon presentation of a cer~tficate of vaccination indicating therein that the date of expiration of the vaccination immunity is not earlier than the date of expiration of the license being issued or renewed, upon payment of the applicable license fee specified in Section 6.02.020 F provided, however, that where the vaccinated dog is between the ages of four (4) months and twelve (12) months, the period of vaccination immunity required for licensing shall be as specified in Title 17, California Administrative Code, Section 2606.4. E. Notwithstanding the provisions of section 6.02.020B and D, in the event a dog has a short-term illness, is pregnant or suffers fron a long term debilitating illness which in the opinion of a veterinarian con~raindicates vaccination for rabies, such dog shall not be required to undergo vaccination during the period of such illness or pregnancy where a request for vaccination deferral has been approved by the Chief Animal Control Officer. Such request shall specify the duration of the requested deferral, and shall be signed by a veterinarian. The Chief Animal Control Officer shall issue a license for such dog upon approval of the request" f~r vaccination deferral and payment for the applicable license fee specified in Section 6.02.020 F. The owner and person having custody of such dog shall confine and shall keep such dog confined, for the duration of the deferral. Within fourteen (14) days after the expiration of the deferral, the owner or person having custody of such dog shall present the Chief Anjanal Control Officer a certificate of vaccination in accordance with the provisions of this Section. F. Subject to the provisions of this Section, licenses shall be issued upon payment of the applicable fee as set by City Council Resolution adopted following a public hearing noticed as required by State Law. G. No fee shall be required for a license for any guide dog, signal dog or service dog, if such dog is in the possession and under the control of, in the case of a guide dog, a blind person, or in the case of a signal dog, a deaf or hearing- impaired, or service dogs for the physically disabled. H. No fee shall be required for a license for any dog owned by a public entity. I. Each license specified in this Section shall be valid for the period specified in Section 6.02.020 F shall be renewed within thirty (30) days after such period ~erminates, except that where the currant vaccination for the dog which is the subject of the license shall expire prior to the expiration date of the license being applied for, the Chief Animal Control Officer may upon request of the owner or custodian of such dog backdate such license so that its expiration date occurs concurrantly with or prior to the expiration date of the vaccination~ provided, however, that where such backdating is performed, there shall be no reduction or discount of the license fee applicable to the license applied for, and such license shall be renewed within thirty (30) days after the date of its expiration. J. Whenever a dog validly licensed under this Chapter shall have died more than three (3) months before the expiration date of the licanse, the. owner of-such dog may return the license tag to the Chief Animal Control Officer, accompanied by a statement signed by a veterinarian or a declaration signed under penalty of perjury by the owner, indicating that such dog is dead · and specifying the date of death. In such event, the license e. NIGE:l~4)5.1Jmry ZS, 1995 4 shall be canceled end a pro-rata credit of the license fee by full calendar qua~ce~s of the original license peri¢~ renain~ng after the death of the dog nay be applied during said ze2nainLqg 'period to the license fee for enother dog aCguired by the sane owner, X. Upon transfer of ownership of eny dog validly licensed under this Chapter, the new owner shall notify the Chief Animal Control Officer, accompahied'b~'a~ransfer fee as set by Council Resolution. L. Notwithstendingthe provisions of Section 6.02,020 A, where a person moves into the City of Temecula from another community who owns a dog which is currently vaccinated against rabies end for whichdoga license was issuedby such other community, such license shall be deemed valid for a period of one (1) year from the date such--person moves into the City, or the date of expiration of the license issued by the other com~unity, whichever is earlier. If en application for a license from the Chief Animal Control Officer is made more than thirty (30) days after such license is required, the applicant shall pay the applicable late fee. a. Upon request of the Chief Animal Control Officer, eny owner of a dog for which'a license is required under the provisions of this Chapter shall present to the Chief Animal Control Officer a currently valid certificate of rabies vaccination or license tag. N. It shall be unlawful for eny person to make use of a stolen, counterfeit or unauthorized license, tag, certificate or any other document or thing for the purpose of evading the provisions of this Chapter. Section 6.0~.0~5. Control o~ Unspayed and Un~lte~ea Cak=. It shall be unlawful for enyperson who owns, harbors, or keeps eny unspayed or unaltered cat four (4) months of age or older within the City to allow or permit such unspayed or unaltered cat to be or remain outdoors. Sect4on 6.0~.030. e-t~on-l t4cens4na o~ c~te. An owner of a cat maybe issued a license end tag for such cat upon presentation to the Chief Animal Control Officer of a certificate of vaccination signed by a veterinarian certifying that such a cat has been'vaccinated for rabies, end upon the payment of the license fee as set by City Council ~asolution adopted following a public hearing noticed as required by State Law. Said license shall be valid for the period of ~mmunity indicated in the certificate of vaccination. RANG .1Jenusl"'y Z$, 1~;5 5 SeatI on 6.0~-. 040. Mmnaxto~v T,4cena4np of Kennels ~ttmw4 es o A. No person shall operate or maintain a kennel or a cartsty without first obtaining an appropriate license thereof from the Chief' Animal Control Officer. Such license shall be valid for a period of either one (1) or (2) years from the date of issuance, except that the Chief ~q4m~m Control Officer may, in his discretion, limit the' duration of the license to one (1) year when he deems such limitations to be appropriate. Said license shall be renewed within thirty (30) days after the date of expiration- Where a kennel license has been issued and is in effect, the dogs contained in such kennel shall be exempt from the requiromants of individual license tags as provided in Section 6.02.020 A. The kennel license fees and late fees, if an application for a license is made more than.'thirty (30) days after the date such license-is..=equired, shall be set pursuant to City Council Resolution adopted following a public hearing noticed as required by State law. B. Application for a kennel or cartsty license shall be filed with the Chief Animal Control Officer on a form prescribed by him not later then ten (10) days after obtaining written verification from the City of Temecula's Planning Department that the operation of the kennel or cartsTy is in compliance with the applicable provisions of-the City lend use and zoning ordinances. Said application form, when completed, shall contain such information as may reasonably be required by the Chief Animal Control Officer for the purposes of enforcement of this Chapter, including but to limited to the' currant home telephone n!mher of the caretaker of the subject kennel or cettery end another current telephone number for emergency use or messages when such caretaker is absent from the subject kennel or cettery. Where a kennel or cettery is sought to be operated upon leased or rented premises, a letter of consent from the owner of the premises to the effect that the kennel or cartsty may be maintained end operated on such premises shall be submitted to the Chief Animal Control Officer at the time the .application for the kennel or cartsty license is submitted. C. After receipt of .a kennel or cartsty license application, the Chief Animal Control Officer shall make en inspection of the premises of the kennel or cettery for which a license is requested. No ~annel or cartsty license shall be issued nor shall any such license be renewed, unless and until the kennel or cettery, in the opinion of the Chief Animal Control Officer, satisfies the applicable laws and regulations of the State of California, the applicable ordinances of the City of Temecula end the applicable conditions set forth in the Standards for Kennels end Carteties. No~withstanding any other provision of this Chapter, the Chief Animal Control Officer or the City Planning Director may, in their respective discretion, limit the 4WlGE:14,05.1Jenuery 23, 1995 6 numbers of dogs or cats over the age of four (4) months which are kept or maintained in any kennel or cartsTy, and such limitation may be imposed at such time as an application for an initial 'kennel or cartsty license is considered or at such time as an application for renewal of a kennel or cartsty license is considered · D. Notwithstanding any Other provision of this nhapter, the Chief Animal Control 'Offi~er is hereby authorized to enter upon and inspect the premises-of any kennel or cartsty located in the City of Temecula for the purpose of determining whether such kennel or cattery is in compliance with the provisions of this Chapter and the Standards for Kennels and Carteties. As a condition of the issuance of a kennel or cartsty license, each owner and operator of a kennel or cettery shall agree to allow such entry and inspection and such agreement shall be made a part of the license application..-Such inspections shall be made during reasonable hours when: the owner or operator of the kennel or cartsty is present on the kennel or cartsty premises, end with such frequency as the Chief Animal Control Officer shall deem appropriate, and such inspections may, at the discretion of the Chief Animal Control Officer, be made without prior notice to the owner or operator of the subject kennel or cartsty. Willful refusal on the paz~c of a. kennel or cartsty owner or operator to allow such inspection ~hall be grounds for s,--~ary denial of an application for a kennel: or cartsty license or for summary suspension or revocation[of .a kennel or cattery license. E. A nonprofit corporation formed pursuant to the provision of the California Corporations Code commencing with Section 10400, for the prevention of cruelty to animals, shall not be required to pay a fee for the licenses required by Section 6.02.040 A provided, however, that all other provisions of Section 6.02.020 B and Section 6.02.040 A shall be applicable to any such nonprofit corporation. F. Notwithstanding the ]provisions of section 6.02.040 c, and Section 6.02.050 A, a kennel or cartsty which is in operation on the effective date of this Chapter and for which on such date there is in effect a current end otherwise valid license issued prior to April 4, 1987 pursuant to the provision of Riverside County Ordinance No. 455, shall, until April 4, 2007 be required to comply only with those requirements for licensure and operation other then the! license fees as ere required for this Chapter. G. The City Council shall adopt by Resolution standards for the operation of all kennels and carteties. eANI ~.lJmry Z~, 1995 7 Sect4 on 6,09-, 050, Kepnel or Cmtterv T.4cenne. A. The Chief Animal Control Officer may, in his discretion, deny any application or suspend or revoke any license for a kennel or cartcry if he finds that a kennel or cartsty fails to meet any or all of the Standards for Kennels and Carterise referred to in Section 6.02.040 C, or is in violation of any law of the State ~f C~Itfornia or any provision of this Chapter · B. When such denial, suspension or revocation occurs, the Chief J~4.mA'~ Control Officer shall prepare a writtan notice of such denial, suspension or revocation which shall contain a brief statement of the reason or reasons for such denial, suspension or revocation. The Chief Animal' Control Officer shall serve such notice upon the applicant or--.lieensee by hand delivery or by registered or certified mail,' .postage prepaid, return receipt requested. Denial, suspension or revocation shall be effective thirty (30) days after service of such notice. Where an application for a kennel or cettery license is denied or where a kennel or cartsty license issued pursuant to this ordinance is suspended or revoked, no application for a new license for such kennel or cartel7 shall be considered for a period of one (1) year from the effective data Of such denial, suspension or revocation; provided, however, that for good cause shown the City Council may direct that there be a lesser period of time before such application will be i considered- C. Any person whose application has bean denied or whose license has bean suspended or revoked, may appeal such denial, suspension or revocation by filing with the City Clerk within fifteen (15) days after notice of such denial, suspension or revocation, a written notice of appeal briefly setting forth the reasons why the appellant alleges such denial, suspension or revocation is improper. . Within 'five (5) days of the receipt by the City Clerk of such notice of appeal, the Clerk shall set a hearing date for the appeal and shall give written notice of the date, time and place of such hearing to the appellant, and such notice shall be sent by registered or certified mail, postage prepaid, return receipt-lrequested. The date of hearing shall be not less than twenty (20) days from the date of mailing of the notice of the date, time and place of the hearing, and the hearings shell be conducted not later than forty-five (45) days from the date of mailing of the notice of denial, suspension or revocation; provided, however, that at the request of the appellant, the City Clerk may extend the hearing date for a reasonable period beyond the forty-five (45) day limit. The appeal shall be heard by the City Council which may affirm, modify, or reverse the denial, suspension or revocation. In conducting the hearing, the City Council shall not limit by the technical ru/es relating to evidence and witnesses, as applicable e/mGE:l/,OS.1danuary 2:3, 1995 8 in courts of law. To be admissible, evidence shall be of the type upon which responsible persons ere accustomed to rely in the During the pondency of the appoal, conduct of serious affairs. there shall be in effect an automatic stay of the denial, suspension or revocation~ provided, however, ~hat during said period of pendency the Chief Animal Control Officer may take such action as he deems appropriate under this Chapter or any other provision of law respecting the subjec~c kennel or cartsty, including but not limited t~"the abatement of public nuisances, inspection of the kennel or cattery premises, or the prosection of any violation of this Chapter or any other provision of law not related to the failure of the subject keunel or cartsty to be currently end otherwise validly licensed- Sect~ on 6.020. 060. ~q~ma] Rescuer. A. Any person engaged-in the rescue of animals, shall first obtain a rescue permit from Chief Animal Control Officer end shall meet all requirements for a kennel/cattery license. B. The fee for a kennel/catterY permit as a rescue facility shall be as set by City Council Resolution adopted following a public hearing noticed as required by State law. C. An animal rescuer may keep a maximum of four (4) personal '(not for adoption or sale) dogs and nine (9) personal (not for adoption or sale) cats and must include these animals as "personal potsm on the enimal rescue permit applicatic;en- uInto those cases where the person occupies from .5 to i a , p 6 dogs may be kept on the premises. D. Personal dogs (not for adoption or sale) shall be individually licensed in accordance with this Chapter. E. A permitted rescuer obtaining animals from a shelter facility pursuant to Section 6.02.100 G shall not be subject to the payment of impound fees end charges specified in Section 6.02.100 A but shall be subject to the spay/neuter deposit specified in Section 6.02.110 A. F. All rescued dogs end rescued cata older then four (4) months must be spayed/neutered prior to releasing to an adopting party. In any event the animal must be altered within 30 days of receipt by the rescuer. G. Accurate end complete records of all animals shall be maintained by the animal rescuer on forms which will be made available to Chief Animal Control Officer for inspection upon request. H. An animal rescuer may recoup, from the adopting party, the cost of any inoculations, the cost incurred by having the ,RAt )5.1Januar'y 23,. 1995 9 animal altered prior to adoption, and any costs related to the treatment of illness or injury. I. Administration of the animal rescue program shall be the responsibility of the Chief Animal Control Officer who shall have the authority to issue-and revoke e~t~ml rescue permits. Sectt on 6.0~-. 070. nut~ es ~nd Powe~ o~ 0~ cers. A. It shall be the duty of all peace officers to cooperate with and assist the Chief Animal Control Officer in the enforcement of the provisions of this Chapter, and such peace officers and the Chief Animal Control Officer shall be empowered to: 1. Receive, take up and impound: a. Any d~ '~und running at large in violation of this chapter or of any law of the State of Californian. b. Any dog which, without provocation or direction, is molesting any person~ and c. AnY dog Which, without provocation or direction, is molesting or harassing animals, birds, or pets upon the premises of any person. 2. Regulerly :. and adequately feed, water and otherwise care for all dogs and cats impounded under the provisions of this ordinance, or to provideI for such feeding, watering and care. 3. Investigate the condition and behavior of any dog or cat which he has reason to believe is vicious or dangerous and if he finds such dog or cat to be vicious or dangerous in its habits, he shall report his findings in writing, either by hand- delivery or by mail, to the owner of such dog or cat if the name and whereabouts of said owners ere known, and if unknown, then the dog or cat shall be impounded. 4. Follow the provisions of Chapter 6.04 in humanely destroying or giving .emergency care to sick or injured dogs and cats · Sect.ion 6.0~-.080. ~t~v UDOn PriVAte P~ope~cv. Unless otherwise prohibited by law, all persons whose duty it is to enforce the 'provisions of this Chapter are hereby empowered to enter upon private propertY, where any dog or cat is kept or reasonably believed to be kept, for the purpose of ascertaining whether such dog or cat is kept in violation of any provision of this chapter. Notwithstanding any provision in this Chapter relating to entry upon private property for any purpose eANGE:l~OS.1January Z$, 1995 10 under this chapter, no such entry may be conducted: (a) without the express or implied consent of the property owner or the person having lawful possession thereof, or (b) unless an inspection warrant has been issued end the entry is conducted in accordance with California Code of Civil Procedure, Sections 1822.50 through 1822,56, inclusive, or (c) except as may otherwise be expressly or implied permitted by law. Sect4 on 6.09.090. nocJ~"Runn4 nq At T~rge. In the interest of public safetT, it shall be lawful for any person to take up, in a humane manner, any d~g running at large in violation of this Chapter end promptly to deliver such do~ to the Chief ~4mA1 Control Officer. Sect4 on 6.0~-. 3 00. vw~po,,r~4e~ -oqs ~n,~ r*ts. A. An impounded dog or ~t ~y ~ redcued upon pa~t as set p~su~t to City Co~cil Resolution adored Zollow~g a p~lic h~r~g no~i~ as retired p~su~t to S~te ~v. B. The fee for destruction end disposal of eny dog or cat in accordance with any provision of this Chapter, shall be as set pursuant to City Council Resolution adopted following a public hearing noticed as required purecent to State Law, C. ~ny dog, four (4) months of age or older, which has been impounded shall not be released from impoundment unless it is licensed in accordance with the provisions of this Chapter. D. Any officer acting under the provisions of this Chapter and impounding a licensed dog pursuant to Section 6,02.070 A, 1, 2 or 3 or a licensed cat, shall give written notice by first class mail, postage prepaid, to the last known address of the owner, of the impounding:of such dog or cat, If such dog or cat is not redeemed within ten (10) days from the date of the mailing of such notice, the officer having custody of the dog or cat shall dispose of it in accordance with the provisions of Section 6.02.100 G, or shall destroy such dog or cat, E, Upon impounding en' unlicensed dog pursuant to Section 6.02.070 A. or an unlicensed cat, the officer shall give notice to the owner, if the owner and his whereabouts are known, of the impounding of such dog or cat. If such dog or cat has not been redeemed within five (5)-days of the giving of such notice, the officer shall dispose of such dog or cat in accordence with the provisions of Section 6.'02,100 G, or shall destroy such dog or cat. For the purpose of this notice specified herein shall be given in the manner determined by the officer as expedient under the circumstances. eal~ $.laanuary ~0 1995 11 F. The officer having custody of any impounded dog or cat may, by humane methods, summarily destroy such dog or cat 1. The dog or cat is sufferjug from any incurable, dangerous or contagious disease, providing a veterinarian shall certify, in writing, that such dog or cat is so suffering~ or, 2. It is an unlicensed vicious dog or cat. G. Any officer having his custody any unrede~med, impounded dog or cat may release such dog or cat to any adu ti d individual upon payment by the individual of the impound fees an charges specified in Section 6.02.100 A, and the spey/neuter deposit fee specified in Section 6.02.110 A or to a nonprofit corporation formed under the provisions of the California Corporations Code commencing with Section 10400 for the prevention of cruelty to ~ animals or to a nonprofit organiza on formed under the laws of the State of California for the prevention of cruelty to animals, for such sale or placement as such nonprofit corporation or nonprofit organization may choose. Releases of dogs and cats to such nonprofit corporations or nonprofit organizations pursuant to Section 6.02.110 G shall not be subject to the payment of the impound fees and charges specified in Section 6.02.100 A, but shall be subject to the spay/neuter deposit specified in Section 6.02.110 A. H. It shall be unlawful for any person to remove an impounded animal from an animal control center without permission of the officer in charge!thereof- Sect~ on 6.09-. 110. Spa~/Ne-ter DeDOS~ tS ~or boas and Ca~-~. No person shall be permitted to adopt or purchase any dog or cat which has not bean spayod or neutered, from any public pound, any animal shelter, society or organization, unless and until a deposit has bean paid in the amount set by City Council Resolution · Sect{ on 6.0~-. ~ 20.; ' V~ ca o-s Doas and Cats. ~nd Stray " ~nd R~rk{ng Doas. A. It shall be unlawful for the owner or person in charge of any vicious dog or vicious cat to fail, neglect, or refuse to keep posted in a conspicuous place at or near the antranca to the premises on or.within which such dog or cat is kept, a sign having letters at least ~wo (2) inches in width and two (2) inches in height and reading ,aBeware of Vicious Doge or uBeware of Vicious Catw, as may be appropriate- No vicious dog or vicious cat shall be permitted to leave the premises of the owner or person in charge thereof' unless such dog or cat is under the immediate control and physical restraint of such owner or person and in the case of a vicious dog, such dog shall be muzzled. IAIIGE:l/~OS.1January' 2~, I~FJ5 12 B. If is shall be determined by ~he Chief Animal Control Officer ~hat a dog or cat is a vicious dog or cat but is not afflicted with rabies, the Chief ~nimal Control Officer shall thereupon order the person who owns or has custody of such dog or cat-that until further order of 'the Chief ~nimal Control Officer, the owner or custodian of such dog or cat shall keep the dog or cat securely fastened by chain, or securely confined within private property, or shall keep the dog or cat in such manner as the Chief ~nimal Control Of~ shall direct to prevent such dog or cat from biting or having-the opportunity to bite any person. Failure to comply with any order of the Chief ~nimal Control Officer made pursuant to this subsection, on the pa~c of the owner or person having custody of the dog or cat which is the subject of such order, shall constitute a violation of this Chapter. C. It shall be unlawful-for the owner or person in charge of any dog, whether licensed or unlicensed, to permit such dog to run at large. D. It shall be unlawful for any person to keep or allow to be kept, or suffer or permit any dog to remain upon the premises under the control of such person, when such dog habitually barks, whines or makes loud or unusual noises in such a manner as to disturb the peace end quiet of the neighbors surrounding or in the vicinity of such premises, or whose barking or howling or other sound or cry interferes with any person of ordinary sensitivity in the reasonable comfortable enjoyment of life and property. E. It shall be uniawful for any person to set or maintain an operating trap for a cat unless a sign is posted on the property stating that such trap is in use on the property. The sign shall be clearly visible from the road serving the property on which the trap is set or maintained and shall remain posted and visible at all times while the trap is in use. Trapping shall not continue for more than ten (10) days in a thirty (30) day period. This section shall not apply when the trap is being used for rabies control as determined in writing by the Chief Animal Control Officer. Sect~ on 6.0~-. 130. Rab~ es S~lDn~ess~ on. Control ! Ou~ rant ~ ne. A. If it shall appear to the Chief ~q4-al control .Officer that any animal has rabies, the Chief Animal Control Officer may destroy such-animal forthwith, or may hold such animal for further examination or observation for such time as the Chief Animal Control Officer may determine to be appropriate. B. Whenever any animal has been bitten by an animal which has rabies, which exhibits any symptoms of rabies or which is 5.1.Jmr'y Z3, 1995 13 otherwise suspected of having or having been exposed to rabies, the owner or person having custody of such bittan ~n~-~l shall immediately notify the Chief Animal Control Officer, and shall ']~mediately confine the s.~--I and.maintain that 'confinement until it is established to .the satisfaction of the Chief Animal Control Officer that such animal does not have rabies. The Chief Animal Control Officer shall have the power to quarantine any such enimal, or impound it at the owner's expense if the owner or person having custody of;suCh® &himal shall fail, refuse, or is unable, in the opinion of the Chief Animal Control Officer, to adequately confine such enimal immediately, or in the event the owner or person having custody=- of such enimal is not readily accessible. C. Whenever it is shown ~hat any animal has bittan any person, the owner or person having custody of such animal shall, upon the order of the Chief=Animal Control Officer quarantine such animal and keep it confined at the owner's expense for a minimum period of tan (10) days for dogs and cats and fourteen (14) days for all other animals, and shall 'allow the Chief Animal Control Officer to make an inspection or 9ysm{nation of such animal at any time during such period of quarantine. Animals quarantined pursuant to this subsection shall not be removed from the premises upon which such animal is quarantined without permission of the Chief Animal Control Officer. The Chief Animal~ Control Officer is hereby authorized to impound any animal at the' owner's expense in the event, the owner or person having custody of such animal fails or refuses to so confine such animal. Animals quarantined pursuant to' this subsection shall remain under quarantine until notice is given by the Chief Animal Control Officer that such quarantine is terminated. D. The Chief Animal Control Officer may, in his discretion, post or cause to be posted an appropriate sign on any premises where an animal is quarantined pursuant to this Chapter, for the purpose of waning the public of the fact of such quarantine. It shall be unlawful for any person to remove a sign on any premises where an animal is quarantined pursuant to this Chapter, for the purpose!of _warning the public of the fact of such quarantine. It shall be unlawful for any person to remove a sign posted pursuant to this' subsection without the permission of the Chief Animal Control Officer. E. Whenever the Chief" Animal Control Officer shall determine that-an epidemic of rabies exists or is threatened, the Chief Animal Control Officer shall have the authority to take such measures as may be ressonably necessary to prevent the spread of the disease, including but not limited to the declaration of quarantine against any or all animals in any ares of the City of Temeonla as the Chief Animal Control Officer may determine and define, for a period of not more than one hundred and twenty (120) days. An additional or extended quarantine eNiGE:l/,OS.1Januery ZS, 1995 14 period may also be declared if such additional or extended quarantine period shall be deemed necessary by the Chief Animal Control Officer for the protec~ion and preservation of the public 'health, peace and safety. Any quarantine declared pursuant to this subsection, other than as restricted harein, shall be upon such conditions as the Chief Animal Control Officer may determine and declare. F. No person shall br~n~'a dog into the City of Temecula from any city located in the County of Riverside in which a reported case of rabies exist or has existed within the past six (6) months, nor shall any person bring a dog into the City of Temecula from any county, city, state or country in which a reported case of rabies exists or has existed within the preceding six months. G. In order to protect .the public health from the hazard of rabies which has bean'found to exist in skunks, a quarantine is hershy imposed to continue until released by the Chief Animal Control Officer, whereby it is prohibited to trap or capture skunks for pets~ to trap, capture, or hold skunks in captivity for any reason~ to transport skunks from or into the City of Temecula except pursuant to a permit issued by the California Department of Health Services pursuant to Title 17, California Administrative Code, Section 2606.8. Sect~ on 6.09.. ~ 40. P3 xc~ment Rein,{ rement. A. Any person or business entity or other organization located in or doing business in the City of Tomecula, which, 1. advertiseA or offers in any manner, puppies or dogs for: sale, or trade, or barter, or to be given away for free information: Must display in such advertisements the following 5.1January 23, 1995 ae be the license;n,mherand name of the licensing agency o3 each of the mother animals any of whose offspring are so offered (in the case of puppies=under four months of age), and/or the kennel'And or rescue permit n,,mher and name of the permitting agency of the owner of each'of the mother animals any of whose offspring are so offered (in the case of puppies under four months of age), and/or 15 c. the kennel permit and/or rescue number and name of the pernitt~ng agency of the owner of each of the d~s so offered (in the case of animals: four months or more of age). B. This Section shall not apply to public animals shelters or non-profit humane societies which are ~n compliance with Food and Agricultural Code Sections 30503 and 31751, nor shall it apply to persons who relinq~iSli 'an~mals to such shelters or societies · C. A violation of this Section shall be punishable as follows: 1. For a first t~me violation, the owner shall be subject to a $50.00 fine. a. This: fine may be waived and the citation dismissed if within 30 days after receiving the citation the party has had the mother animal'spayed and has provided proof of the spaying the County Animal Control. 2. For a second violation, the owner shall be subject to a $100.00 fine. a. $50.00 o3 the fine may be waived if within 30 days after receiving the citation the party has had the mother animal spayed and has provided proof of the spaying to County Animal Control. $50.00 of the fine may be waived if within 30 days after receiving the'citation the party has provided proof of spaying'to County Animal ' Control. 3. For any subsequent violation, the owner shall be subject to a $200.00 fine. a. $50.00 of the fine may be waived if within 30 days after receiving the citation the party has had the mother animal spayed and has provided proof of the spaying to County Animal Control. 4. Violators are subject to citation and are to be furnished with a list of low-cost or no-cost spay and neuter resources. 5. It shall be up/awful for any person to make use of a stolen, counterfeit or unauthorized license, tag, certificate or any other document or thing for the purpose of evading the provisions of this section. 6. Fifty percent of all fees collected pursuant to this Section may be used for the general cost of Chief Animal Control Officer. The remaining fifty percent of all such fees e~:l~05.1Jm~ ~. 19~ 16 shall be. placed in a separate fund rob e used exclusively for low-cost spay and neuter services and education related to the benefits of spaying and neutering. Section 6.02.q40. Prohibit{on of Sales or the Giv{na AwLY of nog'e ~nd rxts on Pub1 ~c Property. No person in the Ct~y"shall offer for sale or sell or give away or transfer for adoption any cat, kitten, dog or puppy on any public street, public-sidewalk or public park. Section 6.02.~50. Rnfo~cAment. A. The Chief Animal Control Officer shall supervise the administration and enforcement of this Chapter and of the laws of the State of California perta-ining to the control of dogs and shall have charge of animal control center employees and facilities. B. The City Council may enter into a written agreement or agreements with any veterinarian or any organized humane society or association, which will undertake to carry out the provisions of this Chapter and maintain and operate a pound, and which will license, take up, impound end dispose of animals. Any such veterinarian or society or association which shall enter into such an agreement shall carry-out all of the provisions of this Chapter in the manner herein prescribed. C. It shall be unlawful for any person to interfere with, oppose or resist any officer or person empowered to enforce the provisions of this Chapter while such officer or person is engaged in the performance ofhis duties as provided herein. D. Nothing in this ordinance shall prevent the Chief Animal Control Officer from acting, when he deems it appropriate to do so, under the applicable provisions of California Penal Code, Section 597, et. seo. . Sect~ on 6.0~-. 160. V.~ o3 at~ on. Any person violating any of the provisions of this Chapter shall be guilty of an infraction and upon conviction thereof shall be punished by (1) a fine not exceeding fifty dollere ($50.00) for the first violationw (2) a fine not exceeding one hundred dollars ($100.00) for the second violation within one (1) year~ (3) a fine not exceeding two hundred and fifty dollars ($250.00) for each additional violation within (1) year. Each day a violation is committed or Permitted to continue shall constitute a separate offense. · all j.lJanuary Z3, lf~5 17 Sect~ on 6.02. ~ 80. Reco-~ent o~ Rn~grcement Cost~. The intent of this Section is to authorize the recoupment of administrative costs reasonably related to the enforcement of this Chapter. In furtherance of this intent the City shall be 'entitled to recover costs of enforcement, including costs of staff time, by complying with the following procedure: A. Recov~n of Cos~-'m~ .... Th~ Chief Animal Control Officer or his designee shall mintsin 'records of all administrative costs incurred in the processing of the violation or violations and the enforcement of this Chapter end other applicable Chapters and may recover such costs from the v'iolator and/or property owner or property occupier as provided herein. B. Not{ce. Upon investigation and determination ~hat a violation of any of the :pr~visions of this Chapter or other related City Ordinances is fou~ to exist, the Chief Animal Control Officer or his designee shall notify the violator and/or record owner of the property or any person having possession or control of the subject property, by mail of the existence of the violation, of his intent to charge the violator and/or property owner and/or person having possession or control of the property for all administrative costs associated with enforcement, and of the respondent's right to a hearing on objections thereto. The notice shall be in substantially the following form: The Chief Animal Control Officer of the City of Temecula has/have determined that conditions exist at the property located at. which violate Section (s). of the Temecula .Municipal Code Section to wit: Notice is hereby given ~hat at the conclusion of this case you will receive a m-~*~y of administrative costs associated with the processing of such violations(s). You will have the right to object to these charges by filing a Request for Hearing with the Chief Animal Control' Officer within ten (10) days of service of the Summary of Charges. mANGE:I/,4)5.1dmnumry ~3, 19g5 18 C. S-ramify of Char~es. At the conclusion of the case, Chief Xn~mal Control Officer shall send a Summary of Chaz~es associated with enforcement to the violator end/or owner of the 'property and/or person having possession or control of the subject property by certified mail. The Starry shall ~nclude a notice in substantially the following form: / , NOTICE If you object to these 'Char~es, you must file a Request for Hearing on the enclosed Form within ten (10) days of the date of this notice. IF YOU FAIL TO TIMELY REQUEST A BEARING, YOUR RIGHT TO OBJECT WILL BE WAIVED AND YOU WILL BE LIABLE TO THE CITY OF TEHECUI~ FOR THESE CHARGES, TO BE RECOVERED IN A CML ACTION IN THE NAME 3F THE CITY IN ANY COURT OF COMPETENT JURISDICTION WITHIN THE COUNTY. Dated: Chief Animal Control Officer City of Temecula ~5.1Januery Z3, 1995 19 D. R4abt to H~Ar4na. Any violator or property owner, or other person having possession and control of the property, who receives a Summary of Charges under this section shall have the right to a hearing before the Chief Animal Control Officer or his designee on his objection to the proposed costs in accordance with the procedures set forth herein.- E. Re--,eat ~or H~4~a; 'A request for hearing shall be filed with the Chief Animal 'Control Officer within ten (10) days of the service by mail of the Summary of Charges. Within thirty (30) days of the filing of the request, and on tan (10) days notice to the violator or owner, Chief Animal Control Officer or his designee shall hold a hearing on the violator's and/or owner#s objections and shall determine the validity thereof. F. Recovery o~ Cos~-a. -..In the event that (a) no Request for Hearing is timely filed or (b) after a hearing in which the Chief Animal Control Officer or his designas affirms the validity of the charges, the violator, the property owner or person in control end possession of the proper~y shall ha liable to the City in the amount stated in the Summary of Charges or any lesser amount as determined by the Chief Animal Control Officer or his designee. These Charges shall be recoverable in a civil action in the name of the City, 'in any court of competent jurisdic~cion within the County. G. O~4ce~'m r~c4m4on. In determining the validity of the Charges, the Chief Animal Control Officer or his designee shall consider whether the total charges have bean fairly and accurately calculated. Factors to be considered include whether the time and personnel spent in enforcesant were reasonably necessary to bring about compliance. H. ADDe~. The decisions-of the Chief Animal Control Officer or his designee may be appealed by filing a written Notice of Appeal with the Chief. Animal Control Officer within five (5) days after the decision. The appeal shall be heard by the City Council which may affirm, amend or reverse the decision and may take any other action deemed appropriate. The Chief Animal Control Officer shall give written notice of the time and place of the hearing. : Section 6.0~-.190. l~',h3~c N, ds~nce. A. The possession or maintenance of any dog or cat or the allowing of any dog or cat to be in violation of this Chapter, in addition to being a violation Of this Chapter, is hereby declared to be a public nuisance. The Chief Animal Control Officer and any City peace officer are hereby directed and empowered to s,-~mArily abate any such public nuisance independently or any criminal prosecution or the results thereof, by any means 3eANr.,E:144)5.1Jenuery Z$, 1~5 20 ~- reasonably necessary to accomplish said abatement including but not limited to the destruction of the dog or cat involved, or by' the imposition of specific reasonable conditions and restrictions for the maintenance of such dog or cat. Failure to comply with such conditions and restrictions is a adsdemeanor. The owner of such dog or cat shall reimburse the City of Temecula for all costs incurred in enforcing compliance with the provisions of this Section. The City of Temecula, by end through the Chief ~nimal Control Officer, may'also commence end maintain such proceedings in a court of competent jurisdiction as are appropriate under the laws end regulations of the State of California for the abatement and redress of public nuisances. B. At least ten (10)'working days prior to the impoundment or abatement or both pursuant to Section 6.02,190 A, the owner or custodien of the subject dog or cat shall be notified by the Chief Animal Control OffiCer~--in writing, of the right to a hearing to determine whether grounds exist for such impoundment or abatement or, where applicable, beth. Said notice shall be served by hand-delivery or by registered or certified mail, postage prepaid, return receipt requested. If the owner or custodien requests a hearing prior to impoundment or abatement, no impoundment or abatement shall take place until the conclusion of such hearing, except as provided in Section 6.02.190 C. C. When, in the opinion of the Chief Animal Control Officer, immediate impoundment is necessary for the preservation. of animal or public health, safety or welfare, or if the subject dog or cat has been impounded under any other provision of this Chapter or eny law or regularton of the State of California, the pre-impoundment hearing shall be deemed waived~ provided, however, that the owner or custodian of the subject dog or cat shall be given notice by the Chief Animal Control Officer, in writing, which would allow five (5) working days to request an abatement hearing. Service of such notice shall be in accordance with the service methods specified in Section 6.02,190 B. Where requested by such owner or custodian, a hearing shall be held within five (5) days of the request therefor, end the subject dog or cat shall not be disposed of prior to the conclusion of the hearing. If, after five (5) working days from the date of service of the notice specified in this Section 6.02.190 C, no request for a hearing is received from the owner or custodien of the subject dog or cat, such dog or cat shall be disposed of pursuant to applicable provisions of law. D. All hearings pursuant to this Section shall be conducted by the Chief Animal Control Officer personally or by a designated employee who shall not have been directly involved in the subject action. Hearings shall be held not more then ten (10) days from the date of receipt of the request for the hearing end shall be conducted in en informal manner consistent with due process of law. A hearing may be continued for a reasonable 35.1JsnuBry 23, 1995 21 period of time if the Chief Animal Control Officer de-me such continuance to be necessary and proper or if the owner or custodian shows good cause for such continuance. Within (10) 'days after the conclusion of the hearing, the Chief AnJaml Control Officer shall render, in writing, his findings, decisions and order thereon and shall give notice of said findings, decision and order to the owner or custodian of the subject dog or cat~ service of such notice shall be in accordance with the service methods specified i~'~Se~tion 6.02.190 B. Sect4on 3. Chapter 6.06 of the Temecula Code is revised in its entirety to read as follows: "Chante~ 6.06 A. Every owner, driver, or keeper of any animal who permits the animal to be in any building, enclosure, lane, street, square, or lot of the City, without proper care and attention is guilty of a ,misdemeanor. The Chief Animal Control Officer shall take possession of the stray or abandoned animal and shall provide care and treatment for the animal until the animal is deemed to be in suitable condition to be returned to the owner. When the officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of the animal and. others, the Officer shall immediately seize the animal and comply. with Section 6.08.070. In all other cases, the Officer shall .'comply with the provisions of-Section 6.08.080. The cost of caring for and treating any animal properly seized under this subdivision shall constitute a lien on the animal and the animal shall not be returned to its owner until the charges are paid, if the seizure is upheld pursuant to this Chapter. 6.06,030 ~Peatment of St~qy and Tn~-~ed ~q4maqe. Every sick, disabled, injured, or crippled animal, except a dog or cat,'which is abandoned in the City, may be killed by the Chief Animal Control Officer if, after reasonable search, no owner of the animal can be found. It shall be the duty of the Chief Animal Control Officer to cause the animal to be killed or rehabilitated and placed in a suitable home on information that the animal is stray or abandoned. The Officer may likewise take charge'of any. animal, including a dog or cat, that by reason of lamenees, sickness, feebleness, or neglect, is unfit for the labor it is performing, or that in any other manner is being cruelly trmated~ and provide care and treatment for the animal until it is deemed to be in a suitable condition to be returned to the owner. When the Officer has reasonable grounds ItANGE:lZ, OS.1aariary 23, 1995 22 to believe that very prompt ac~cion is required to protect the health or safety of an animal or the health or safety of others, the officer shall immediately seize the animal and comply with Section 6.08.070. In all other cases, the Officer shall comply with Section 6:08.080. The cost of caring for and treating any animal properly seized under this Section shall constitute a lien on the animal and the animal shall not be returned to its owner until the charges are paid. 6.06.040 C~re 'of Tn~,red ~{mml e. A. The Chief Animal Control Officer shall convey all injured cats and dogs foun~t without their owners in a public place directly to a veterinarian known by the officer to be a veterinarian who ordinarily treats dogs and cats for a determination of whether the ~al shall be immediately and humanely destroyed or shall-be hospitalized under proper care and given emergency treatment. B. If the owner does not redeem the animal within the fourteen (14) days, the veterinarian may personally perform euthanasia on the animal. If the animal is treated and recovers from its injuries, the veterinarian say keep the animal for purposes of adoption, provided the Chief Animal Control Officer has first been contacted and has refused to take possession of the animal. i C. Whenever any animal is ~ransferred to a veterinarian in a clinic, such as an emergency clinic, which is not in continuous operation, the veterinarian may, in turn, transfer the animal to an appropriate facility. D. If the veterinarian determines that the animal shall be hospitalized under the proper care and given emergency treatment, the costs of any services which are provided pending the owner's inquiry to the Chief Animal Control Officer or local humane society shall be paidi from the dog license fees, fines, and fees for impounding dogs in the City, subject to the provision that this cost be repaid by the animal's owner. The cost of caring for and treating any animal seized under this Section shall constitute a lien on the animal and the animal shall not be returned to the owner until the charges are paid. No veterinarian shall be criminally or civilly liable for any decision which he or she makes or for services which he or she provides pursuant to this SAction. 6.06.050. Record= o~ H~ndl~ng o~ St~aV ~nd TnJ,,rea An .4 ma ~ s. When Chief Animal Control Officer takes possession of an animal pursuant to Section 6.08.040, he shall keep records of the whereabouts of the animal for 72-hourperied from the time of 1995 23 possession, and those records shall be available for inspection by the public upon request in the field in any case where the animal is too severely injured to move or where a veterinarian is not available and it would be more humane to dispose of the animal. 6.06.060. Humane nes4~v.-ct4on of Reve're'ly Tn'~--'red An4 ran3 s, Notwithstanding any-other provisions of this Chapter the Chief Animal Control Officer may humanely destroy any stray or abandoned animal in the field in any case where the animal is too severely injured to move' or where a veterinarian is not available and it would be move humane to dispose of the animal. 6.06.070. pos~-ee~ '~--~e N~4 nas. A. Whenever '~e'~ief Animal control Officer seizes or impounds an animal based on a reasonable belief that prompt action is required to protect the health and safety of the animal or the health or safety of others, the Officer shall, prior to the commencement of any criminal proceedings authorized by this Chapter, provide the owner or keeper of the animal, if known or ascertainable after reasonable investigation, with the opportunity for a postseizure hearing to determine the validity of the seizure or impoundment or both. B. The Chief Animal Control Officer shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice of the seizure or impoundment, or both, to the owner or keeper within 48 hours, excluding weekends and holidays. The notice shall include all of the following: .: The name~ business address and telephone number of the Chief Animal Control Officer· eAXGE:lZ, OS.1January 23, 19~5 o A description of the animal seized, including any identification upon the animal. The authority and purpose for the seizure, or impoundment, including the time, place and circumstances under which the animal was seized. A statement that, in order to receive a postseizure hearing, the owner or person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning an enclosed declaration of ownership or right to keep the animal to the Chief Animal Control Officer within 10 days, 24 including weekends and holidays, of the date of the notice. The declaration may be returned by personal delivery or mail. A statement that the cost of caring for and ~reating any animal properly seized under this Chapter is a lien on the animal and that the animal shall not be returned to the owner until'th~"charges ere paid, and that failure to request or to attend a scheduled hearing shall result in liability for this cost. C. The postseizure heering shall be conducted within 48 hours of the request excluding weekends and.holidays. The City Manager shall conduct the hearing. D. Failure of-the-owner or keeper, or of his or her agent, to request or to attend a scheduled hearing shall result in a forfeiture of any right to a postseizure hearing or right to challenge his or her liability for cost incurred. E. The City shall be responsible for the costs incurred for caring end treating the animal, if it is determined in the postseizure he.ring that the Chief Animal Control Officer did not have reasonable grounds to believe very prompt action, including seizure of the animal, was required to protect the health or safety of the animal or the health or safety of others~ If it is determined the seizure and care of the animal, the charges for the seizure was JUstified, the owner or keeper shall be personally liable to the City and care of the animal shall be a lien on the animal, end the animal shall not be returned to its owner until the charges ere paid and the City Manager has determined that the animal is physically fit or the owner demonstrates to the City Manager satisfaction that the owner can and will provide the necessary cere. 6.06. 080, Pwese4 ~--~e Hea~4 nas, A. Where the.need for immediate seizure is not present and prior to the commencement of any criminal proceedings authorized by this Chapter, the Chief Animal Control Officer shall provide the ~wner or keeper of the animal, if known or ascertainable after reasonable investigation, with the opportunity for a hearing prior to any seizure or impoundment of the.animal. The owner shall preducatheanimal at the time of the he.ring unless, prior to the beering, the owner has made arrangements' with the Chief Animal Control Officer to view the animal upon request of the Chief Animal Control Officer, or unless the owner can provide verification that the animal was humanely destroyed. Any person who willfully fails to produce the animal or provide the verification is guilty of an RAN. ,5.1January 23, 1995 25 infraction, punishable by a fine of not less that two hundred fifty dollars ($250) nor more then one thousand dollars ($1,000). B. The Chief Animal Control Officer shall cause a notice to be aZftxed to a conspicuous place where the enimal was situated or personally deliver a notice stating the grounds for believing the animal should be seized under Sections 6.08,020 or 6.08,030. The notice shall' include all of the following: 1. The name,': business address, and telephone n,m~er of the Chief Xnimal Control Officer. A description of the animal to be seized, including' enY identification upon the animal. 3. The authority end purpose for the possible seizure-- cr -impoundsent. 4. A statement that, in order to receive a hearing prior to eny seizure, the owner or person authorized to keep the animal, or his or her agent, shall request the hearing by signing end returning the enclosed · declaration of ownership or' right to keep the enimal t0 the officer providing the notice within two days, excluding weekends and- holidays,. of the data of the notice. 5. A statement' that the cost of caring for end treating eny enimal properly seized under this section is a lien on the animal, that any enimal seized shall not be returned to the owner until the charges are paid, end that failure to request or to attend a scheduled hearing shall result in a conclusive determination that the enimal may properly be seized and that the owner shall be liable for the aharges. -i C. The preseizure'hearing shall be conducted within 48 hours, excluding weekends end holidays, after receipt of the request. The City Manager shall conduct the hearing. D. Failure of the owner or keeper, or his or her agent, to request or to attend a scheduled hearing shall result in a forfeiture of eny right 'to a preseizure hearing or right to challenge his or her liability for cost incurred pursuant to this section. E. The City Manager, after the hearing, may affirm or deny the owner's or kesper's right to custody of the enimal and, eANGE:l~,OS.1denuary 13, 1995 if reasonable grounds are established, may order the seizure or impoundment of the animal for care and treatment. 6.06.090. Comt of TmDo-nament; nest,,ct4on of TmDo-~ded ~4 m~ 1 ~. A. If any animal is properly seized under this Chapter, the owner or keeper shall be personally liable to the City for the cost of the"iSeiZtir~ and care of the animal. Furthermore., if the charges for' the seizure or impoundmant and any other charges permitted under this Chapter are not paid within 14 days of the seizure, or, if the .owner, within 14 days of notice of availability of the animal to be returned, fails to pay charges permitted under this Chapter and take possession of the animal, the animal shall' be' deemed to have bean abandoned and may be disposed of by the Chief AnJaml Control Officer. B. A veterinarian may humanely destroy an impounded animal without regard to the prescribed holding period when it has been determined that the animal has incurred severe injuries or is incurably crippled. A veterinarian also may immediately humanely destroy an impoundmant animal afflicted with a serious contagious disease unless the owner or his or her agent immediately authorizes treatment of the animal by a veterinarian at the expense of the owner or agent. 6,06.1~-0, ~4SDOS~.4On o~' Se4z-~ed Upon the conviction of a person charged with a violation of this Chapter, all animals lawfully seized and impounded with respect to the violation shall be adjudged by the court to be forfeited and shaI1 thereupon be transferred to the Chief Animal Control Officer' for proper disposition. A person convicted of a violation of this Chapter shall be personally liable to the City for all CoSts of impoundment from the time of seizure to the time of proper-disposition. This Chapter shall not prohibit the seizure or impoundment of animals as evidence as provided for under any other. provision of law." Sect4on 4. Chapter 6,08 is added to the Temecula Municipal Code to read as follows: eChADte~ 6.08 Proh4h.~t~on o~ the l~nrx4nq ~t T--,'rge of homestic Fowls o~ homeeric ~m~ls othew than noas or e~ts and ,rov~a{nq for q~e~r Tmpo-~d{ na. Sect4 on 6.08,03 0. ~e~4 n4 t4 on~, Whenever in this Chapter the words herein defined are used they shall have the ~5.1Jenuary 23, 1995 27 respective meanings assigned to them in the following definitions: A. eAnimalw means any domestic bovine animal, horse, mule, burro, sheep, goat, swine or other domestic animal except a dog or cat. B. wFowlw means any ~hi~cen, duc3c, turkey goose or other domestic fowl. C. wChief Animal Control Officerw means the Chief Animal Control Officer of the-City of Temeeula or his designated representative · D. eat larges means off the premises of, and not under physical restraint, by, the owner or other person having charge of an animal. ' ...... 7'-"' SectI on 6.08.09-0. Jkq4mmla Or FOWI~ mt T~Cfe PwOhl h 4 t~a. No person owning or having charge of any animal or fowl shall permit the same to be at large on any highway, street, sidewalk, lane, alley or other public place, or upon any private· property other than that of the person owning or having charge of such animal or fowl unless such owner or person having charge of such animal or fowl has the .cOnsent of the owner of the private property · Sect1 on 6.08.030. ~.YemDtt on. This Chapter shall not prohibit leading, driving, riding or conducting animals-under adequate supervision along a public highway. Sectton 6.08.040. ' T~ound~nu ~q{mals. Subject to the provisions contained in Section 6.08.150, it shall be the duty of ~he Chief Animal Control Officer to take up and impound all animals found at large upon any highway, street, sidewalk, lane, alley or other public place, or upon any private property. The Chief Animal Control Officer· may contract with any person to keep, feed and care for any such animal at reasonable rates for not more than 20 days. Section 6.08.050. ntmDo~4t4on of ~qtmmqs. 9Rh4d o~ D~ sabl ed. If it shall appear:'to the Chief Animal Control Officer from the report of a Lieensed veterinarian or other qualified person that an animal is afflicted with rabies, he shall humanely destroy such animal, and shall take such other action as may be required by law and as he deems necessary to prevent the spread of such disease. He may humanely destroy any sick, disabled, eANGE:1405.1Jenuery Z3, 1995 28 infirm or crippled rant ram1 found at large if he is unable to identify end locate the owner. Sect4on 6.08.060. n4~os4t~on nf ~ov4ne Horses. M,,lem or If the Chief Animal Control Officer j~pounds any bovine unj~als, horse, mule, or burro, end if such enJ~al is not reclaimed vith~n 5 days ~the~gl~ef, the Cktef ~njJnal Control Officer shall notify the State Director of ~iculture in accordence with the provisions :of Agricultural Code Section 17003. If the Director of A~riculture does not, within 5 days after notice, elect to dispose 'of eny home, mule, or burro, then the Chief ~nimal Control Officer shall sail such enimal in accordance with this Chapter. Sect.~on 6.08.0?0, -~- n.~po=tt~on o~ Other If eny animal other than a domestic bovine animal, horse, mule, or burro, and except en enimal afflicted with rabies, impounded by the Chief ~nimal Control Officer, is not reclaimed within 2 days thereafter, it shall be sold by the Chief ~nimal Control Officer after. giving notice of sale in accordance with 6.08.080. , . Section 6.08.080. Notice of ~e. The notice of sale shall contain a description of the' animal, including any identifying marks or brends; the date and place where the animal was taken up; and the time and place of sale. At least 5 days prior to the sale of any impounded animal, the Chief ~nimal Control Officer shall cause a' copy of the notice to be published in a newspaper circulated in the area where the enimal was found, and shall mail a copy of the notice to the owner or person entitled to possession of the animal at his residence or place of ~usiness, if known. .:. Section 6.08.090. 'Sa~e o~ ~111m~n. At the time and place set forth in the notice of sale, the Chief ~nimal Control officer shall sell-the impounded enimal at public sale, to the highest bidder, for cash~ If'no bid is offered for such animal, the Chief Animal Control. Officer may sell such animal at private sale or h,,m~nely destroyS. such animal, or otherwise dispose of it as perinS tted by law. sectton 6.08.~00. P~ocee~* o~ S~la. The proceeds such sale, after first deducting fees and chax~es of the Chief Animal Control Officer, including costs of sale, shall be paid by the Chief Animal Control Officer, to the City, which shall than pay over to the owner of such-animal sold if claimed within one year thereafter. If not' so claimed, the monies shall trensferred into the general fund of the City. ,5.1January 2:3, 1~;5 29 sect4 on 6.08.13 0. Redsent4 on of ~4s81 sbv the Owne~. The owner or parson entitled to possession of any animal impounded, My at any tins before the sale or other disposition thereof, redeem the same by paying the Chief ~nimal Control Officer all fees and charges thereon. ~qect4on 6,08,~-0, Cost of Redmq~t4on. The Chief Animal Control Officer shall' Charge and collect from eaCh parson redeeming any impounded animal an impounding fee of $20.00, plus the actual costs of transporting the animal to impound, the actual costs of veterinary and-related .services.rendered to the animal while impounded, the actual cost of sale incurred, and the actual costs of any extraordinary measures required in or for the handling and maintenance of the animal while impounded, and in addition thereto# the maintenance fees as adopted by City Council resolution following a public hearing noticed as required under State Law. Sect.4 on 6,08, '~ 30, A-thor.4--st4on to ~rl:ev' --DOn P~.4vste :Propercy. Notwithstanding any provisions contained in this Chapter relating to the entry upon private proparty for any purposes hereunder, no such. entry may be conducted (a without the: consent of the proper~y owner or the person having lawfttl possession thereof, or (b) unless an inspection warrant has been issued and the entry is conducted in accordance with Code of Civil Procedures Section 1822.50 through 1822.56, inclusive, or c) except as may otherwise be prescribed by law. i -. sect4 on 6.08.140. Tph-msne Treatment and ~hsndopment/ Tmpo-ndment. A. No person shall treat an animal in a cruel or inhumane manner or willingly or negligently cause or parmit any animal to suffer unnecessary torture or pain. No person shall abandon any animal without care on any public or private proparty. B. Subject to the' prOvisions contained in Section 6.06,150 herein, any animal which is abandoned, or treated in a cruel or inhumane manner, or willingly or negligently allowed to suffer unnecessary torture or pain in violation of Section 6.06.140 A herein, may be impounded or disposed of in a humane manner. The City Council may adopt by Resolution policies and standards for the disposition of animals seized, impounded and forfeited pursuant to this Chapter: Sect~ on 6.08. m 50. "Tmpo,,~ament Hear4 na. At least three (3) working days prior to the impoundment of any animal, notice shall be given in person to, or RANGE:lZ~OS.I,Ienuery 23, 1995 3O by mail to the last known address of, the owner or person entitIed to possession thereof of his or her right to a hearing as to whether or not such impoundment is justified. If the owner or person entitled to possession thereof requests a hearing prior to impeundment, no impeundment shall take place until the conclusion of the hearing except as provided herein. If in the opinion of the Chief Animal Control Officer, immediate impoundment is necessary for the preservation of the public health or safety, the pre'-'i~pSt~dment hearing may be dispensed with; provided, however,. in such cases the owner or person entitled to possession thereof shall be given three (3) working days notice as provided herein .of his or her right to a hearing. If a hearing is requested, the hearing shall be held. within five (5) days of the request, and the animal shall not be sold, destroyed or otherwise disposed of prior to the conclusion of the hearing. Notice of the time, date and place of the hearing shall be given to the owner or-.persen.-entitled to possession thereof. If at the end of the hearing,' the impoundment is found to be unjustified, the animal shall be returned to the owner or person entitled to possession thereof without charge. Section 6.08.160. Penal t~ es. A. Any individual' violating any provision of this Chapter shall he deemed ~uilty of an infraction or misdemeanor hereinafter specified. Such: individual shall be deemed guilty of a separate offense for each and every day or pertion thereof during which any violation of any of the provisions of this Chapter is committed, continued, or permitted. B. Any individual' convicted of a violation of this Chapter shall be (1) guilty of an infraction offense and punished by a fine not exceeding one hundred dollars ($100.00) for a first violation~ (2) guilty of. an infraction offense and punished by a fine not exceeding two hundred dollars ($200.00) for a second violation perpetrated by the same individual. The third and any additional violations perpetrated by the same individual shall constitute a misdemeanor~ offense end shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or six months in jail, or both .. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve an individual from the responsibility for correcting the violation. 05.1January Z~, 1~F~5 31 FASS~D~ aPYaOV~D ~ alIOPT~D this day of , 1995 , Mayor ATTEST: June S. Greek, City Clerk [SEAL] ....... ;,~ .... STATE OF C3tkLIFOP. NLIL) COUNTY OF P. ZVBP. BZDB) CITY OF TEMECUIa) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 1995, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 199_, by the following vote, to wit: AYES: NOES: COUNCILMEMBERS: i' COUNCILMEMBERS: June S. Greek, City Clerk V. NGE:l~05.1Jenuery Z~, 1995 32 ATTACHMENT HEAl AGREEMENT FOR SERVICES RELATIVE TO REGULATION AND CONTROL OF DOGS, CATS, AND OTHER DOMESTIC ANIMALS THIS AGREEMENT is entered into between the COUNTY OF RIVERSIDE, Health Services Agency, through its Department of Health, herein called "COUNTY", and the CITY OF TEMECULA, herein called "CITY", pursuant to the provisions of Section 51301 of the Government Code. Recitals WHEREAS CITY is desirous that COUNTY provide certain services relative to the regulation and control of dogs and other domestic animals and COUNTY is desirous of providing such services, and WHEREAS COUNTY and Lake Elsinore Animal Friends, located at 29001 Bastron Avenue, Lake Elginore, California, hereinafter referred to as "SHELTER", entered into an agreement on December 3, 1991 whereby SHELTER is obligated thereunder to perform certain services for COUNTY relating to dogs and other domestic animals delivered to SHELTER by COUNTY; and all service provided under said agreement shall be pursuant to County Ordinance No. 630, as amended, County Ordinance No. 534, as amended, and County Ordinance No. 716, or such other County ordinances or resolutions which may hereafter replace or supersede said ordinances, and any applicable State law relating to such impoundment, care and disposal, and NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Cit~ Ordinances. CITY has adopted its Ordinance No. 90-04 prescribing procedures and standards for the licensing, impounding, regulation and control of dogs and other domestic animals substantialIT identical to those set forth in County Ordinance No. 630, as amended, and County Ordinance No. 634, as amended, and shall maintain the same in force so lon2 as this Agreement shall remain in force. Two (2) certified copies of such ordinance, and of any ordinance amending or repealing the same, shall forthwith upon adoption be furnished to COUNTY; one of said copies to be furnished to the Director, Health Services Agency, and the other to the Clerk of the Board of Supervisors. 2. Term. The term of this Agreement shall commence upon execution and shall terminate June 30, 1992, except that either party to this Agreement may terminate its obligation hereunder upon 60 days' written notice to the other. Further, this Agreement shall be automatically renewed on a year-to-year basis on the annual termination date thereof, subject to cancellation by either party upon 60 days' written notice to the other. APR 14 1t/~ ~.~,,~ 2 3 4 5 7 8 9 13 14 15 16 19 20 21 22 23 24 25 26 27 28 29 32 33 34 35 36 3. Impound. Care. and Disposal of Does and Other Domestic Animals by SH~!.T~R. COUNTY shall cause SHELTER to impound, care for and dispose of all dogs and other domestic animals, owned, keT~ or harbored within, straying or running at large in or into t, incorporated area of CIT~', which are delivered by COUNTY to SHELTER at SHELTER'S facilities located at 29001 Bastron Avenue, Lake Elsinore, California. In that connection, SHELTER: (a) May humanely destroy any dog or other domestic · animal and dispose of the remains at the request of the owner upon payment by the owner of the fees for such destruction and disposal as set forth in Section 9(b) of County Ordinance No. 630 as amended, and County Ordinance No. 534 as amended- SHELTER shall issue receipts .for all such fees and charges collected and-shall keep copies thereof. All destruction and disposal fees so collected. shall be retained by SHELTER. {b) Shall collect, from animal owners and others, for dogs and other domestic animals redeemed, the impound fees and charges as set forth in Section 9{a) of County Ordinance No. 630, as amended, and Section 12 of County Ordinance No. 534, as amended- SHELTER shall issue receipts for all such fees and charges collected and shall keep copies thereof. All such fees and charges so collected shall be retained by SHELTER. (c) Shall, prior to the release of any unredeem impounded dog or cat to any adult individual, collect spay/neuter deposits in accordance with Section 10 of County Ordinance No.630, as amended, and issue receipts therefore. All such fees and charges so collected shall be retained by SHELTER. 4. Collection of Impound Fees and Charges for Release of Unredeemed ~m~ounded Dogs and Cats. COUNTY shall relinquish to SHELTER any unredeemed impounded dog or cat for sale or disposal by SHELTER in accordance with California Food and Agriculture Code Sections 30503 and 31751 requiring the collection of a spay/neuter deposit prior to the release of any dog or cat, and in accordance with Section 9(2) of County Ordinance No. 630, as amended. SHELTER shall issue receipts for all such fees and charges collected and shall keep copies thereof. All such fees and charges so collected shall be .retained by SHELTER. 5. Services b~ Count~/Com~ena~t~on. COUNTY shall perform services for CITY relating to the control of dogs and other domestic animals as prescribed by the provisions of County Ordinance No. 630, as amended, and County Ordinance No. 534, as amended, on the basis of 40 hours per week during the term of this Agreement. CITY shall compensate COUNTY for such services at the 9 11 ~3 14 15 ~6 17 19 2O 21 22 23 24 25 26 27 28 29 30 3X 32 33 34 35 36 following hourly rates plus mileage at $.42 per mile: Regular time - 8:00 a.m. to 5:00 p.m. weekdays with exception of holidays. Overtime - In excess of 8 hours per day or at ant time cn Saturdays, Sundays, or holidays. S32.00 S39.00 All services performed on an overtime basis must be authorized:by the City Manager or his desiSnated representative or any peace officer as that term is defined in Section 830 of the Penal Code. In addition, CITY shall compensate COUNTY at the followinS rates for every live dog or other domestic animal COUNTY delivers to SHELTER as provided in ParaSraph 3 heroin: (a) $17.00 per live weaned animal delivered to SHELTER. (b) Additional fees for animals housed in excess of ten {10) da~s; i.e., evidentiary animals: (1) DoSs/cats - $2.00 per day. {2) Birds/fowl - 21.00 per day. Farm-tFpe animals - 23.50 per day. (c) $25.00 per month to offset a portion of the-rental expense paid by SHELTER for euthanasia freezers. COUNTY shall submit a billinS to CITY, on a monthly basis, for costs incurred and revenue received by CITY durinS the immediatel~ preceding month. Said billing shall include the hours of such services provided, the nature of such services and the mileaSs incurred, shelter services received, and the ClTY'S share of fees collected for dos licenses credited towards the services furnished. CITY shall pay COUNTY upon such billing and accounting. The maximum amount payable by CITY to COUNTy under this ASreement shall not exceed 280,000.00. Should the amount of 280,000.00 not be sufficient to cover the expenses of Fiscal Year 1991-92, CITY shall notify COUNTY at least sixty (60) days in advance. Upon such notification by CITY, COUNTY shall discontinue services unless CITY provides written assurance that funds are available to defra~ further expenses incurred by COUNTY. 6. x.icenses for Do~s. Kennels and Carterims. COUNTY shall issue do2 licenses, licenses to operate do2 kennels and carterims within CITY, and collect fees in connection therewith for doSs · within CITY. COUNTY shall provide its own forms and tams for such licenses. All fees for licenses to operate dos kennels and carterims shall be.retained by COUNTY. All fees collected for dos licenses shall be accounted for by COUNTY and credited to CITY on a monthly basis in conjunction with the billinS procedure set forth immediately above; provided, however, that COUNTY shall retain the sum of 25.85 for each dos license issued hereunder. 3 1 3 4 5 7 9 10 ll 12 13 14 15 16 17 18 19 20 2i 22 23 24 25 26 27 29 30 31 33 34 35 7. Count~/Citv Personnel. The services provided by COUNTY shall be performed by County personnel under the control and direction of COUNTY. CITY shall have the right to inspect COUNTY'~ records pertaining to the services rendered pursuant to th~ Agreement. To the extent that CITY officers or employees may voluntarily participate in any of the activities heroin provided for, or that peace officers of CITY shall be called upon to render aid or assistance within the boundaries of CITY or otherwise to perform law enforcement functions, the expenses thereof shall~be borne by CITY. 8. Veterinarian Fees. Notwithstanding any provisions heroin contained, CITY shall be responsible for the pa3naent of veterinarian fees incurred as a result of the enforcement .of California Penal Code Section 597 et seq. 9. An~ Care ~,,cat~on mn~ Information Proxram. COUNTY will provide lectures and presentations relative to animal care education and information to schools and community groups upon reasonable prior notice from CITY, and scheduling availability of COUNTY Animal Control personnel. Pamphlets and/or flyors relative to animal care and animal education will be provided by COUNTy at no additional cost to CITY. 10. SDay/Neuter and Rabies Vaccination Program. COUNTY will maintain a mandated low-cost spay/neuter program through the services of various licensed veterinarians or in a COUNTY-operat~'~ low-cost spay and neuter clinic. Door-to-door canvassing to verify rabies vaccination and applicable licensing will be performed in conjunction with other field services provided by COUNTY Animal Control personnel. Annual low-cost rabies vaccination clinics will be held in CITY by COUNTY. CITY of Temecula dog licenses will be sold at these clinics. 11. Hold Harmless. CITY shall indemnify and hold COUNTY, its officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of CITY, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury or death or any other element of damage of any'kind or nature, occurring in the performance of this Agreement between the parties hereto to the extent that such liability is imposed on the COUNTY by the provisions of Section 895.2 of the Government Code of the State of California, and CITY shall defend at its expense, including attorney fees, COUNTY, its officers, agents, employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. 4 2 3 . 4 5 7 15 2O 21 22 23 24 25 26 27 28 29 30 32 33 34 35 36 COUNTY shall indemnifF and hold CITY, its officers, agents, employees and independent contractors free and harmless from an~ claim or liabilit~ whatsoever, based or asserted upon an~ act or omission of COUNTT, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injur~ or death or any other element of damage of an~ kind or nature, occurring in the performance of this Agreement between the parties hereto to the extent that such liability is imposed on the CITY .bT the provisions of Section 895.2 of the Government Code of the State of California, and COUNTY shall defend at its expense, including attorne~ fees, CITY, its officers, agents, employees and independent contractors in ant leSal action or claim of an~ kind based upon such alleged acts or.omissions. 12. Venue. Any action at lsw or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for bT the Agreement shall be tried in a court of competent jurisdiction in th~ COUNTY of Riverside, State of California, and the parties herebT waive all proyisions of law providing for'a change of venue in such proceedings to an~ other countT. 13. Attorneys' Fee. In the event of ant litigation or arbitration between CONTRACTOR and COUNTY to enforce ant of the provisions of this Agreement or ant right of either partT hereto, the unsuccessful party to such litigation or arbitration agrees to pa~ reasonable attorneys' fees, incurred therein b~ the successful partT; all of which shall be included in and as a part of the judgment rendered in such litigation or arbitration. 14. Paragraph Headings. The paragraph headings heroin are for the convenience of the parties only, and shall not be deemed to Movern, limit, modif~ or in any manner affect the scope, meaning or intent of the provisions or language of this Agreement. 15. Count~'s Representative. COUNTY herebT appoints the Director of ~ealth Services Agenc~ for the County of Riverside as its authorized representative to administer this Agreement. 16. Rnt~re A~reement. This Agreement is intended b~ the parties hereto as a final expression of their understanding-with respect to the subject matter hereof and as a complete and exclusive statement of the provisions thereof and supersedes ant and all prior and contemporaneous agreements and understandings, oral or written, in'connection therewith. This Agreement may be changed or modified onlT upon the written consent of the parties hereto.. 17. NOTICES. All correspondence and notices required or contemplated bT this.Agreement shall he delivered to the respective parties at the addresses set forth below and are deemed submitted one da~ after their deposit in the United States mail, postage 3 4 5 6 7 8 9 prepaid: COUNTY: Board of Supervisors Count~ of Riverside 4080 Lemon Street Riverside; California 92501-3651 INFORMATIONAL COPY TO: Count~ of Riverside Department of Health P. O. Box 7600 itivers~de, California 92513-7600 Attn: Director, Health Services Agenc~ CONTRACTOR: Cit~ of Temecula 43174 Business Park Drive 10 Temecula, California 92590 11 ZN WITNESS WHEREOF, the parties hereto have caused their dul~ 11 authorized representatives to execute this A2reement. 19 20 21 22 23 25 26 27 28 29 30 31 32 33 34 35 36 (SEAL) IIIII IIII III !/ ! COUNTY COUNSEL FEB 0 3 1992 APPROVED AS TO FORH: Scott F. Field, City Attorney March 30, 1992 Three original copies hand delivered to County by Joe Hreha. ITEM 16 TO: FROM: DATE: SUBJECT: APPROV' CITY ATTORNE~ FINANCE OFFIC CITY MANAGER CIT~ OF TEMECULA AGENDA REPORT City Council/City Mana~r Gary Thornhill, Director of Planning~' March 14, 1995 Planning Application No. PA95-0012,Appeal of the Planning Director's Decision to Deny Proposed Signage for the Yellow Basket Restaurant Prepared By: Craig D. Ruiz, Assistant Planner RECOMMENDATION: The Director of Planning recommends that the City Council adopt a Resolution entitled: RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AFFIRMING THE DECISION OF THE PLANNING DIRECTOR TO DENY THE PROPOSED SIGNAGE FOR THE YELLOW BASKET RESTAURANT BACKGROUND On October 8, 1992, the Temecula Planning Director approved Plot Plan No. 247. On November 18, 1994, the Planning Director approved Planning Application No. PA94-0087, an extension of time for Plot Plan No. 247. The approvals were for an approximately 4,000 square foot Yellow Basket restaurant in the Costco Center. On the two occasions the project was approved, the applicant did not propose any signage. Because of this, two conditions of approval for signage were placed upon the project. First, the project was conditioned to be consistent with the approved elevations which showed sign locations and sign dimensions (See AttaChment 4). Second, the project was conditioned to submit a subsequent application for signage with the Planning Director. When the sign application was submitted, it was staff's determination that the signs were inconsistent with the approved elevations. This determination was due to the proposed sign exceeding the dimensions shown on the approved elevations. The Director of Planning took the item before the Planning Commission at their January 23, 1995 meeting to receive direction relative to staff's preliminary determination. The Commission concurred with staff's determination that the proposed signage was inconsistent with the approved elevations. Thus, on February 15, 1995, the Planning Director denied the applicant's proposal. R:\STAFFRPT\12PA95.CC 317195 re. 1 It is the applicant's contention that even though their proposal exceeds what was shown on the approved elevations, the signs do meet the requirements of the City's sign ordinance (See Exhibit A). The applicant has stated that meeting the sign ordinance, and not the approved elevations, should be the only criteria for ~e~iewing their proposal. Further, the applicant has stated that the sign dimensions shown on the elevations were only shown for reference purposes. CONCLUSION It is staff's determination that the project is not consistent with the approved elevations for the project. Therefore, staff recommends that the Council adopt the attached Resolution to affirm the decision of the Planning Director to deny the proposal. This action will require the applicant to submit new signage consistent with the approved elevations. FISCAL IMPACT None· Attachments: 2. 3. 4. 5. CC Resolution- page 3 Planning Commission Staff Report - page 6 Applicants Justification of Appeal.- page 7 Approved Elevations - page 8 Exhibits - page 9 a. Vicinity Map b. Site Plan R:\STAFFRPT\12PA95.CC 3/719S vg~ 2 ATTACHMENT NO. 1 CITY COUNCIL RESOLUTION R:\STAFFRPT\12PA95.CC 3/7/95 vg. 3 AT~A~ NO. 1 ~ RESOLUTION NO. 9S_- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIMECIBA DENYING PLANNING APPLICATION NO. PA91-0012 FOR PROPOSED WAYJ- SIGNAGE FOR PLOT PlAN NO. 247 LOCATED 40575 WINCHESTER ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 9910-110-068 WHEREAS, Angelo Boussicos filed Planning Application No. PA95-0012 in accordance with the City of Temecuia General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by rderence; WHEREAS, Planning Application No;. PA95-0012 was processed in the time and manner prescribed by State and local law; WItEREAS, the Planning Director considered Hag Application No. PA95-0012 on February 15 1995, at which time the Director denied said application; WHEREAS, Angelo Boussicos ~ed an appeal of Planning Application No. PA95-0012 in accordance with the City of Temecula General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, the City Council considered Planning Application No. 95-0012 on March 14, 1995, at which time interested persons had an opportunity to testify either in support or opposition; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: The City Council finds, in denying the application that: Section 1. That the above recitati0n~ are true and correct. Section 2. Findines. A. The City Council in denying Planning Application No. 94-0035, maks the following findings, to wit: 1. The project is not consistent with the building elevations for underlying approval for this project, Plot Plan No. 247. The proposed signage in excess of that which was shown and appwved for Plot Plan No. 247. Section 3. F. nvironmental Compliance. This project is a Statutory exemption per Article 18, Section 15270 of the California Environmental Quality Act Guidelines,' This Exemption R:\STAFFRPT\12PA95.CC 317/95 vgv 4 states: 'CEQA does not apply to pwjects which a public agency rejects or disappwves.* Section 4. PASSED, AlPROVED AND ADOFrED this 14th day of March 1995. Jeffrey E. Stone, Mayor ATTEST: June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMF_L"ULA) I ItERERY 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 14th day of March, 1995 by the following vote of the Council: AYES: NOES: ABSENT: CITY COUNCILMEMBERS: CITY COUNCILMEMBERS: CITY COUNCILMEMBERS: June S. Greek, City Clerk R:\STAFFRPT\12PAg5.CC 3/7195 vg. 5 ATTACHMENT NO. 2 PLANNING COMMISSION STAFF REPORT R:\$TAFFRPT\12PA95.CC 3/6/95 vg, 6 lVlEvIORANDUM TO: FROM: DATE: SURIECT: Planning Commission Gary Thornhill, Director of Planning January 23, 1995 Provide direction to staff regarding the siz~ and design of the proposed signage for Plot Plan No. 248, Yellow Basket Restaurant Prepared By: Cra.ig D. Ruiz, Assistant Planner RECOlVI1VIENDATION: Provide direction to staff regarding the size and design of the proposed signage for Plot Plan No. 248, Yellow Basket Restaurant BACKGROUND When Plot Plan No. 248 was approved by the p]nnning Director in September of 1992, and the subsequent extension of time in September of 1994, the applicant did not seek concurrent approval for signage. However, the approved building elevations did delineate sign locations and sign dimensions. Conditions of approval were placed upon the project which required that the construction of the project be consistent with the approved elevations and a separate application for signage would be approved by the Planning Director. Recently, the applicant has provided the Planning Department with proposed signage that is, in staff's opinion, inconsistent with the approved building elevations. The signage exceeds the square footage area depicted on the approved elevations and would result in a change in certain design elements to the building. In addition, staff has concerns relative to the logo design and its viability from Winchester Road. It is the applicant's position that while the elevations did delineate location and dimensions, he should not be held to those requirements as long as the proposed signage meets the maximm size limitations of the City sign ordinance. Therefore, the applicant feels that the signage, as proposed, should be approved. Staff will provide an oral report to the'' commission on this matter. R:~I'AFFRPT~PP.PC 1119/95 car ATTACHMENT NO. 3 APPLICANTS JUSTIFICATION OF APPEAL R:\STAFFRPT\12PA95.CC 3/6/95 vg. 7 & Thc s~gnagc zcqucstcd complics in cvcry aspect to the conditions of the cunutt sign code and .;~ora criteria. V~c arc not requesting a vadm/ce. It is our understanding that, in the past, signagc has always bccn rcvicwcd as a scparatc item from the planning rcvicw of the building conslruction, Wc rccognizc the need for a project or shopping ccntcr ~,s critcria and the nccd for approval of individual signage, but always as a scparatc item from te construction plantring rcvicw. Thc plara~ng Stallion dccision to tic thc building consmsciion rcvicw to the' signagc review is contrary to past prcccdcn~ and places the sign contractor in a position guessing what will bc allowed or denied. In this particular casc, thc architcct has clcady statcd that thc pos~ons dcsignatcd for siSmac on the construction submission wcrc simply that, the ~cai_~tcd positions, and not an indicalion of size or arca, as that would bc indicated later on thc mandatory planning If wc arc to assrant that the building construction rcvicw includcs the signage, thai it would fonow that no subscqucnt signage planning review or building permit is required. But this is not the case, subscqucnt rcvicw is rcquixcd for signage. Wc rcspcclfully rcqucst that thc dcnial bc withdrawn and thc sismac approvcd. 27620 COMMERCE CENTER DR., ilO1 , TEMECULA, CA 92590 (909) 67b-5820 * FAX (909) 694-0760 LIC. # 271288 ATTACHMENT NO. 4 APPROVED ELEVATIONS R:\STAFFRPT\12PA95.CC 316195 vge 8 ' '~ rT~ I,;_ !1I E:O~ ~_~ ,__~..~~~, · ~~--ql:l::l m - ~. I C'}.m~ rn i-- - ' ~ 0"1 ' m C') , ATTACHMENT NO. 5 EXHIBITS R:\STAFFRPT\12PA95.CC 3/6/95 9 CITY OF TEMECULA p~CF.,L I .PARCEL-MAP NO. 26852 ... ~ I II'/II I / I'I ~ ~" ""' II I )'I'.////i// . ILIa' ,, , / ./ CASE NO. - PLANNING APPLICATION NO. 95-0012 EXHIBIT- B CITY COUNCIL DATE - MARCH 14, 1995 SITE PLAN R:\STAFFRPT\12PA95.CC 3/6/95 vg. CITY OF TEMECULA I I I I I I I I' ,1_~ I :- tl. !1 I · ;I I //' :" I SITE · ,~TEMEC II L_J CASE NO. - PLANNING APPLICATION NO. 95-0012 EXHIBIT - A CITY COUNCIL DATE - MARCH 14, 1995 /,.- _, VICINITY MAP R:\$TAFFRPT\12PA95,CC 516195 vgt~ ITEM 17 APPRO L CITY ATI'ORNE~~ FINANCE OFFIC CITY MANAGE TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Gary Thornhill, Planning Director March 14, 1995 Memorandum of Understanding Concerning Specific Plan #199, Daele Development Corporation VBR RECOMMENDATION: That the City Council approve the Memorandum of Understanding concerning Specific Plan No. 199 for Van Daele Development Corporation, authorizing the payment of development fees at a specified level and directing the Mayor to execute the Agreement on behalf of the City and the City Clerk to attest thereto. BACKGROUND: The attached Memorandum of Understanding authorizes Van Daele Development Corporation to pull building .pe. rmits and occupancy permits for homes in their development, without payment of the Public Facilities Fees, until such time as the first production home obtains its Certificate of Occupancy. This provision is consistent with previous approvals granted to similar projects in the City such as Costain Homes. The City is currently negotiating a new Development Agreement between the City and Van Daele for this project. Approval of this Agreement will not mandate that the City Council approve the draft Development Agreement. In the event the City Council denies the draft Development Agreement, the Memorandum of Understanding provides that Van Daele Development Corporation will then pay the Public Facilities Fees as provided in the existing Development Agreement No. 5. This Memorandum of Understanding will allow the development of homes in the Van Daele project to move forward in an expeditious fashion. Van Daele is agreeing to pay an Interim Public Facility Fee in the amount of $3,200.00 per unit. As construction of the model homes have already begun, there should be relatively little delay in the City's receipt of the Interim Public Facilities Fee. R:~%'TAFFR!~VANDAI..E.MOU 316f95 m The indemnity provisions of this Memorandum of Understanding are the same as the Memorandum of Understanding between the City and Cosrain. The existing Development Agreement (Riverside County Development Agreement No. 5) contains very broad indemnity language sufficient to protect the City's interests. This Memorandum of Understanding contains adequate language protecting the City against any challenges to the fee issue. The Planning Commission end City Council will be presented in the near future with the draft Development Agreement. The terms of the draft Development Agreement will be subject to extensive negotiations between the City and the developer. FISCAL IMPACT: Slight delay in initial receipt of Interim Public Facilities Fees as they are delayed until the first Certificate of Occupancy for the production units, but would be paid in the event the City Council denies the draft Development Agreement within thirty days of the City's demand. ATTACHMENTS: Memorandum of Unde;'standing. R:x, STAFFRI~VANDALIMOU 316195 m MEMORANDUM OF UNDERSTANDING CONCERNING PLANNING AREA No. 14 OF SPECIFIC PLAN No. 199 This Memorandum of Understanding, (the "Memorandum") is made and entered into as of February 13, 1995 by and between the City of Temecula (the "City") and Van Daele 79 Venture, Ltd., a California limited Partnership ("owne'). RECITALS A. The City Council of the City of Temecula is reviewing and considering, as provided by law, an Amendment and Restatement of Development Agreement between City and Owner, (the "Draft Agreement"). B. Owner is developing a residential project in what is know as Planning Area No. 14 of Specific Plan No. 199, Tract No. 22716, 22716-2, 22716-4 and 28122 (the "Project"). The Project is currently subject to Development Agreement No. 5 between the County of Riverside (the "County") and Kaiser Development Company, a California corporation; Mesa Homes, a California corporation; Margarita Village Development Company, a California joint venture comprised of Buie-Rancho California, Ltd., a California limited partnership and Nevada Rancho California, Ltd., a California limited partnership; and Tayco, a California general partnership comprised of Taylor Woodrow Homes, Inc., a Delaware corporation, and others (the"Development Agreement No. 5"), which requires Owner to pay certain development fees (the "Development Fee"). C. Riverside County Ordinance No. 659, as adopted by the City, establishes public facilities and services impact fees for residential development with City CRSA Fees"). City requires these revenues to mitigate the impact of development. City requires RSA Fees from development of the Project in order to complete capital projects to mitigate the impact of the development. D. As the result of meetings between representatives of the City and representatives of the Owner, the City has agreed that the Project would be eligible for a Development Fee reduction due to: (i) the excessive level at which the County originally calculated the Development Fee; (ii) the high level of assessment district tax existing on the Project; and Ctii) the entry level nature of the homes to be built in the Project. Memorandum of Understanding Page 2 of 5 E. The Development Agreement No.5 provided for public facilities and services impact fees C'County Impact Fees") higher than the RSA Fees. These higher fees, particularly during the present recession, unduly discourage and delay development and thereby prevent City from ever receiving the RSA Fees. Consequently, the City desires to reduce the County Impact Fees for residential development in the project to a level comparable to RSA Fees. F. The Draft Agreement provides for Owner to pay.'the sum of Three Thousand, Two Hundred Dollars ($3,200.00) for each residential unit as the Interim Public Facilities Fee. The ~ Agreement provides for the collection of any Interim Public Facilities Fee to be deferred until such time as Owner obtained a certificate of occupancy for the first production home built in the Project. G. Owner contemplates commencing construction of the homes for the Project (81 units) prior to acceptance by the City Council of City of the Draft Agreement. H. City desires, as an accommodation to Owner, to permit Owner to pay the Interim Public Facilities Fee contemplated in the Draft Agreement for all the homes in the Project, despite the fact that the DraR Agreement providing for payment of the Interim Public Facilities Fee has not yet been approved by City. NOW THEREFORE, in consideration of the mutual covenants hereinafter contained, City and Owner agree as follows: 1. In lieu of any fee required by Development Agreement No. 5, RSA Fee or City Public Facilities Fee, Owner shall pay an Interim Public Facilities Fee in the amount of Three Thousand, Two Hundred Dollars ($3,200.00) per dwelling unit. ff city fails to approve or adopt the Draft Agreement or if the Interim Public Facilities Fee, as established by City, is some number other than Three Thousand, Two Hundred ($3,200.00) per dwelling unit, then the fee paid by Owner to City shall be adjusted accordingly. Owner shah pay any increase or City shall pay to Owner any decrease within thirty (30) days from the effective date of City Council's action on the Amendment and Restatement of Development Agreement. Memorandum of Understanding Page 3 of 5 2. The Interim Public Facilities Fee for all units shall be deferred until such time as a certificate of occupancy has been obtained for the first production hie built in the Project.-Thereafter, the Interim Public Facilities fee shall be paid at the time of issuance of building permits for each residential unit constructed in the Project. Indemnity and Cost of Litigation. 3.1 County Litigation Concerning Agreement In the event the County seeks to challenge the right of City and Owner to enter into this Memorandum, and institutes an action, suit or proceeding to challenge this Memorandm or invalidate and/or enjoin the enforcement of this Memorandum, City and Owner agree to cooperate and participate in a joint defense in any action against the parties, their officers, agents, and employees, from and against any and all such obligations, liability, suit, claim, loss, judgment or lien, resulting from such action(s) brought by County, (but excluding actions to expunge any lispendens) and to share the costs associated with attorneys, fees and costs that the parties may incur as the result of any such action or lawsuit to challenge City and/or Owner' s legal authority to enter into this Memorandum. ff the County action is against all impacted developments for which the City has lowered the county fees, the Owner' s defense costs herein shall be its pro rata share among all impacted landowners based on a ntio of contribution of total units owned by Owner which are subject to this Memorandum compared to the total number of units within the City in which the City has lowered the County Fees. If the County action is only against Owner with respect to this Memorandum, and not against other impacted landowners for which the City has lowered the County fees, then Owner's defense costs shall be 100% of the attorneys fees and costs for defense of the litigation. Damages ( including the difference in the amount of any Interim Public Facilities Fee and the amount of the County Development Agreement Fee paid by Owner to City pursuant to the terms of this Memorandum) shall be the responsibility of Owner. To the extend Owner has paid Interim Public Facilities Fees and/or County Development Agreement Fees to City of which it is adjudicated are lawfully the funds of County, City shall pay such sums to County and Owner shall have such liability for the payment of the difference between such fees reduced by the amount paid by the City. City and Owner shall mutually agree on legal counsel to be retained to defend any such action(s) brought by the County as herein provided. Memorandum of Understanding Page 4 of 5 City and Owner each reserve the fight to withdraw from the defense of the County litigation in the event the County prevails at the trail level and there is an appeal. If either party withdraws after the trial and there is an appeal, the remaining party shall pay all the costs and fees associated with said appeal. 3.2 Public Facilities Fees ShortfalL In the event the County prevails in any legal action or other proceeding to challenge, set aside, or enjoin the enforcement of this Memorandum and a trial court determines the Owner and/or the City is liable to make up any shotflail between the amount of the Interim Public Facilities Fee or the City Public Facilities Fee, as the case may be, and the County Development Agreement Fee which would otherwise have been imposed pursuant to Development Agreement No.5, then Owner shall be responsible for paying any such short~dl subject to City' s payment to County of any amounts collected and held by City under the terms of Development Agreement No. 5. Such payment by City to County shall reduce Owner' s liability to County for payment of such fees by a like amount paid by City. 3.3 County Prevails in Litigation - Severability. In the event the County prevails at the trial court level against the City or the Owner as described in Section 3.1 of this Memorandmn, the amount of the Interim Public Facilities Fee or the City Public Facilities Fee, as the case may be, shall revert to the amount of the County Development Agreement Fee in effect at the time of entry Of the final judgment in favor of the County (or such lesser amount as determined by the Court). In the event this Memorandum is held to be invalid or unenforceable by a trial court of competent jurisdiction, Owner shall thereafter pay the County Development Agreement Fee as provided in Section 4.2 of Development Agreement No. 5 ( or such lesser amount as determined by the Court). All other provisions of this Memorandum or any subsequent agreements relating to the Project shall remain valid and enforceable notwithstanding said rul~g of invalidity. 3.4 Third Party Litigation Concerning Agreement. Owner shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action or proceeding against City, its agents, Officers, or employees to attack, set aside, void, or annul the approval of this Memorandum or the approval of any permit granted pursuant to this Memorandum brought by a third party other than the County. City shall Memorandum of Understanding Page 5 of 5 promptly notify Owner of any such claim, action, or proceeding, and City shall cooperate in the defense. ff City fails to promptly notify Owner of any such claim, a~tion, or proceeding or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. City may in its discretion participate in the defense of any such claim, action or proceeding. 3.5 Termination of Memorandum of Understanding. If the Draft Agreement is approved by the City Council, this Memorandum shall terminate upon the effective date of the Draft Agreement. If the Draft Agreement is disapproved by the City Council, then the obligations of Owner under this Memorandum shall terminate and Owner thereafter shall be subject to the terms of Development Agreement No. 5. IN WITNESS WItERE OF, the parties executed this Memorandum as of this 13th day of February, 1995. ATTEST: June S. Greek, City Clerk By: Jeff Stone, Mayor PROPERTY OWNER Van Daele 79 Venture, Ltd. a California Limited Partnership APPROVED AS TO FROM Peter M. Thorson, City Attorney ,Its TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 APPROV CITY ATTORNEYR~'1~ FINANCE OFFICE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Ronald E. Bradley, General Manager DATE: March 14, 1995 SUBJECT: Community Services Recreation Brochure PREPARED BY: Herman D. Parker, Recreation Superintendent RECOMMENDATION: That the Board of Directors: Accept proposal of 915,039 from Graphics Unlimited to print one ( 1 ) issue of the Community Services Recreation Brochure. DISCUSSION: A Request for Proposal (RFP) was released by the City to solicit proposals for the development and professional production of the Community Services Recreation Brochure. The Summer/Fall issue will be distributed city-wide on June 9, 1995. The brochure will include 24 pages with a glossy, full color, seventy-weight outer cover and glossy seventy-weight interior pages. Services provided will include design, camera ready art work, typesetting layout, final printing and delivery to the U.S. Post Office for bulk direct mail delivery. The proposals, including sales tax, were submitted as follows: 1. Graphics Unlimited 915,039 2. Maurice Printers 915,403 3. Penny Saver Solo Direct 918,329 It is staff's recommendation to award production of the recreation brochure to Graphics Unlimited as the lowest, qualified bidder. FISCAL IMPACT: Cost to produce one (1) issue of the Recreation Brochure will not exceed 915,039. Unencumbered funds exist in account #190-180-999-5222. REDEVELOPME.NT AGENCY ITEM 1 MINUTES OF A THE TEMECULA CITY COUNCIL MEETING JOINTLY WITH THE TEMECULA REDEVELOPMENT AGENCY HELD FEBRUARY 21, 1995 A regular meeting of the Temecula City Council was called to order at 7:03 PM at the Main Conference .Room, 3174 Business Park Drive, Temecula, California. Mayor Jeff Stone presiding. PRESENT: 5 COUNCILMEMBERS: Lindemans, Mur~oz, Parks, Roberts, Stone ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Mayor Pro Tem Lindemans. PUBLIC COMMENTS None given. CITY COUNCIL REPORTS None given. COUNCIL BUSINESS 1. Economic Develooment Work Program Assistant City Manager Mary Jane McLarney presented the staff report, outlining the City's economic development work program. She introduced Brian Collins, Executive Director of the Inland Empire Economic Partnership IEEP, who discussed the Inland Empire marketing program. Assistant City Manager McLarney addressed the Council regarding approval of an RFQ (Request for Qualifications) for Marketing Services. She explained this would basically be used to update the fact pack and target specific markets, coordinated with the Economic Development Corporation. She introduced Dennis Frank of the Temecula Valley Economic Development Corporation. Dennis Frank outlined the program of the Temecula Valley Economic Development Corporation, describing it as a public/private partnership. He explained efforts are being made to coordinate economic development efforts with IEEP (Inland Empire Economic Partnership,) the County EDC and the State of California. He explained that the task of the Temecula Valley EDC is to market Temecula to potential industrial/commercial developers. Councilmember Mur~oz discussed the possibility of the Temecula Valley Economic Development Corporation sharing in profits gained by land owners or brokers in the form of a percentage of the sale. R:~eftda~0221 g6 I Mayor Pro Tem Lindemans suggested the Temecula Valley Economic Development Corporation obtain a brokers license. City Manager Bradley questioned the legality of a non-profit organization holding · brokers license. Mr. Brian Collins cautioned the Council regarding the role of EDC and IEEP, explaining the value of these organizations is that they are neutral and are not competitive. Mayor Stone suggested that a City Councilmember be assigned as a member of the Fast Track Team for assisting businesses of over 25 people. Mayor Pro Tem Stone suggested that a staff member be assigned to research available grants. Assistant City Manager Mary Jane McLarney outlined loan programs and financial incentives, distributing a draft matrix that would provide a scoring system for prospective companies. Councilmember Mu~oz stated he does not approve of outright gifts or grants and voiced' his objection to this being included as part of an on-going program. Mayor Pro Tem Lindemans concurred. Councilmember Parks stated he feels incentives need to be considered on an individual basis but that the City should not give up financial incentives as a tool. City Manager Bradley stated since there is an absence of Council policy, staff is looking for direction on what type of incentives the Council is willing to entertain. Mayor Stone suggested a Revenue Excess Sharing in Temecula (REST) program bt implemented, where citizens receive a credit on their Community Services District fee. Councilmember Mu~oz suggested that citizens receive a check instead of a credit on their tax bill. He further stated he can support incentives if tied to this type of program. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindemans to adopt the four guidelines contained in the staff report as the basis for establishing incentive guidelines, and adding a fifth guideline which would address multipliers and consideration of REST (Revenue Excess Sharing in Temecula). The motion was unanimously carried. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindemans to approve staff recommendation 1.2 as follows: 1.2 Approve an RFQ (Request for Qualifications) for Marketing Services. The motion was unanimously carried. Mayor Stone suggested the study of a Temecula Educational Apprenticeship Model Program (TEAM). He explained this program would work cooperatively with the Temecula Valley School District to provide apprenticeship/job training for high school credit. He described this as a graded effort for 11 th and 12th grade students. He asked for the support of Council to allocate staff time to investigate this program. R:%/4Oenda~0221116 2 City Manager Bradley stated this would take approximately 80 hours of staff time to develop. It was moved by Councilmember Parks, seconded by Councilmember Roberrs to approve 80 hours to staff time to develop the guidelines for a TEAM (Temecula Educational Apprenticeship Model) Program over a six to eight week period. The motion was unanimously carried. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT None given. ADJOURNMENT It was moved by Councilmember Parks, seconded by Councilmember Roberts to adjourn at 9:23 PM to a meeting on January 24, 1995, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Jeffrey E. Stone, Mayor ATTEST: June S. Greek, City Clerk R:~a~enda%022116 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444, Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA A SPECIAL JOINT MEETING OF THE CITY COUNCIL AND THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT GOVERNING BOARD OF DIRECTORS MARGARITA MIDDLE SCHOOL 30600 MARGARITA ROAD MARCH 21, 1995 - 4:30 PM OPENING PROCEDURFS 1. Call to Order 2. Roll Call President Barbara Tooker presiding Lindemans, Muftoz, Parks, Roberts, Stone JOINT CITY COUNCIL/GOVERNING BOARD OF EDUCATION BUSINESS I School Facility Impact Mitiaation Program RECOMMENDATION: 1,1 At this time there will be a joint discussion of the School Facility Impact Mitigation Program. ADJOURNMENT Next meeting: March 28, 1995, Special Meeting at 6:30 PM; Regular Meeting at 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. R:~a~eende%D32111; I In compliance with The Americans with Disabilities Act, if you need special assistance to participate in ' this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to e~ure accessibility to that meeting |28 CFR 35.102.35.104 ADA Trtle I1| AGENDA A SPECIAL JOINT MEETING OF THE CITY COUNCIL AND THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT GOVERNING BOARD OF DIRECTORS MARGARITA MIDDLE SCHOOL 30600 MARGARITA ROAD MARCH 21, 1995 - 4:30 PM OPENING PROCPDURES 1. Call to Order 2. Roll Call President Barbara Tooker presiding Lindemans, Muf~oz, Parks, Robarts, Stone JOINT CITY COUNCIL/GOVERNING BOARD OF EDUCATION BUSINESS I School Facility Imoact Mitigation Program RECOMMENDATION: 1.1 At this time there will be a joint discussion of the School Facility Impact Mitigation Program. ADJOURNMENT Next meeting: March 28, 1995, Special Meeting at 6:30 PM; Regular Meeting at 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. R:~ende%0321 ~6 I