HomeMy WebLinkAbout05-071 CC Resolution
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RESOLUTION NO. 05.71
AN URGENCY RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TEMECULA ESTABLISHING FEES
FOR SERVICES ARISING UNDER ARTICLE VII OF
CHAPTER 8.28 OF THE TEMECULA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE
AND ORDER AS FOLLOWS:
Section 1. Declaration of Urgency.
Pursuant to the authority of California Government Code Section 66017(b) the City, by
and through the City Council, may adopt a fee on an interim basis in circumstances presenting
the need for an urgency measure. The City of Temecula is subject, as a co-permittee under the
'Waste Discharge Requirements for Discharge of Urban Runoff from Municipal Separate Storm
System ('MS4 system') Draining the County of Riverside, the City of Murrieta, the City of
Temecula and the Riverside County Flood Control and Water Conservation District within the
San Diego Region," California Regional Water Quality Board - San Diego Region, Order No.
R9-2004-001, (NPDES No. CAS 0108766) ("Permit") as derived from the requirements of the
Federal Clean Water Act (33 U.S.C. Section 1251 et seq.). The Permit and the laws require
that enforceable procedures be operative on or before July 14, 2005. The City is amending its
existing ordinance so as to confomn to the Permit and the law and is adopting an urgency
ordinance under the authority of the California Government Code to ensure the City's legal
duties and public health, safety and welfare are preserved. This resolution is in furtherance of
the City Council's legislative enactment and is directed by the same to occur concurrently
therewith. This resolution may be extended not more than twice in a manner as set forth in
California Government Code Section 66017(b).
Section 2. Adoption and Extension.
This urgency resolution must be adopted by a 4/5's vote of the Temecula City Council to
be effective. This resolution may be extended not more than two times subject to the notice
procedures and vote requirement as set forth in California Government Code Section 66017(b).
Section 3. Fees.
All fees for services shall be imposed as unburdened cost recovery fees that reflect the
actual amount of the cost of the time and materials expended by the City or by any consultant
which the City may choose, in its sole discretion, to utilize for any or all of the plan check or
inspection services required by the City pursuant to ordinance, policy, permit or law, as the
same arise under Article VII of Chapter 8.28.
The City shall require a deposit from every person, firm or organization that submits
plans for review or request an inspection of any nature, as the same arises under Chapter 8.28
of the Temecula Municipal Code. The amount of the required deposit shall be calculated based
upon the reasonably anticipated work related to each submittal or inspection, or series thereof
and shall be paid to the City prior to the City having any duty or obligation to proceed with any
plan check or inspection service. The City shall require the deposit amount be augmented, from
time to time, in an amount necessary to allow the respective task to be completed in a
reasonable manner. The failure to augment a deposit by an applicant shall serve as grounds for
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the City to discontinue activity upon the subject matter. Any funds remaining in the deposit
account shall be promptly returned to the person, fimn, or entity having made the deposit.
Section 4. The City Clerk shall certify to the adoption of this Urgency Resolution.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at
a regular meeting held on the 28'h day of June, 2005.
ATTEST:
[SEAL]
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
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I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify
that Resolution No. 05-71 was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 28'h day of June, 2005 by the following vote:
AYES:
5
COUNCILMEMBERS: Edwards, Naggar, Roberts, Washington,
Comerchero
NOES:
o
COUNCILMEMBERS: None
ABSENT:
o
COUNCILMEMBERS: None
ABSTAIN:
o
COUNCILMEMBERS: None
J
ones, CMC
City Clerk
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