The URL can be used to link to this page

Home My WebLink About061290 CC Agenda- Clo~ seedton pursuant to ~overnnent ,personnel .mt~ter. Pastor Natty Bdvards ~' s Fellovship Birdsall, Linde~ar~, !!oore, P Proc!~,etion dec'larinv ,3'une '!~'24;~!? Preaent~tion by Roar O~en 'of .~.~i' ,~-.- Controller Pro,an .... ' A:.,t~"~l 'of· 15 nl'nutes is provided so neabe~a of the public can "'::. ~*" ' . ~"':~'':'~L~ '.~e CO'Oil ~ !~S ~t ~e not lis-~ on ~e ":~,,~:: - . '- For al~ oth~ ag~ i~m a ..~t ~ ~"..~n~ ~ 'filed vit~ the City Clerk ~e~r~..the counoil Vets-to ~that i~, ~ere is a .liv~ (-~) ~nute ti~e limit lot individual .~ .' '; :~..:*~-' ~'~:'t ~8. .:' f'CounO!(!.-:,;'~,~t specific items be r~oved from' the Calendar for separate action. 1.1 Approve minutes of May 22, 1990 as mailed. 1.2 Approve minutes of May 29, 1990 aS nailed. o Res9D, tto~ zv~ovt~9 Pay-ent of ~ RE~:)MM]:HDA~!ON: 2.1 Adopt a resolution entitled: · F~OLUTZON ~0. 90- A ~~ ~ ~ ~ ~ZL OF ~ ~X~ OF ~BXT A. YeS Sohs4u!e 'f~oF ~-4ty C~'e-k'-~ODIrtm~nt RECONMENDATI ON: 3.1 Adopt a resolution entitled: RBSOLUTTON HOe & I~u~o~.UTZOIJ OF THB ~ZTY ~zL OF '~ ~ OF T ~~ A FBB ~~B ~ ~ ~Z~ ~'~ D~~ e ~ttye PSE~LL_IfS9 o~'38~ - te~A~d u--t~BttQD Of ~tue RECOMMENDATION: 4.1 Set matter for Public Hearing on July 24, 1990. ~:. 603 ,~e. re:~.,£ie_~ :~o. a l~r~,"4' :T~M'..~'-S ~a~, : S. 1 .~ Plot Plan 10863, ~v~ No. 1 ~s~ on ~e ~Znqm and m~m~ to ~ Co~ZtZonm of ~roval ~n~~ ~n ~ C~y Staff ~~. · ProJmct to d~vZde 8.34 acres ~nto ~ee ~r~lm, located noah of ~ncho ~l[forn~a ~ad mlo~ L~d~e ~~~TI~: 6.1 Re~ive and Film ParCel Map 23687, s~ject to ~e conditions of Approval. Consisting of 115 lots located on Interstate 15, south of Buckeye Road 31.1 acres west of 7.1 Receive and File Tract Map No. 21760, subject to the conditions of approval. m Consisting of 23 lots located.on 20,77 acreswest of Via Norte and south of Caile Tiara and Calle Felltided. 8.1 Receive and File Tract Map No. 21820, subject to the conditions of approval. ' o 9.1 Adopt' a resolution ~nttt.led: IIIOLUTXC~I ~0, 10,1 liverside Tfusit District RECOMMIatl)ATZON: 10.1 Appoint Councilieuber J. Sal mmoz to serve as representative of the City to theRiversideTransit District. L.oague 0£ California Cities ~ommittee on community ·RECOJOS~J~TZOH: 10,2 Confirs appoint~mnt of Council~maber Patricia H. Birdsall to the Comdttee on Co~unttyS~rvtces ;of the League of California Cities. mamcouposting project Monitoring O~m~ittee RECOMMENDATION: 10.3 Appoint a representative to the Eastern Municipal Water District Compoating Project Monitoring Comittee. 11~ 1 Adopt a resolution entitled: 11.2 Designate Burke, williams. and Sorensen as Bond Counsel. ' - 11.3 11.4 Authorize Financial Consultant to prepare a proposal for City to issue $5 million in notes. Designate M.L. S~ern as underwriter. ¸12 · ut11~T~t--~V~4sd~c~4onal Pretrea~t~nt ~g-Hae~t RECOHHENDATZOH: 12.1 Authorize the Mayor to e~ecute an agreement with Eastern Municipal Water District to cover pretreat~ent services. 2~8e~da~l~OO Continued :Z..ron the neeting of Hay 15, 1990. 13.1 If desired, adopt a resolution entitled: RBSOLUTXO~ IK:). 90- CX)UMTY RBGXONBX, P,&RK ~ O~BI B~A~B DX~TRX~'T 14¸, 15. HgUseho!~wass'dous W!st~ ~ro~aB_~ste O4~ · Presentation by HLke Shetler, Hazardous Haterial Specialist, County of Riverside. .RECOJO(EHDATION: 14.1 Receive and File Report RELATION: 15.1 15.2 Hea~tb Authorize the Nayor to enter into an aqreement with the County of Riversidetoreview such applications and plans for private, commercial and industrial sewage disposal systems to assure compliance with the Uniform Plumbing Code. Direct City staff to collect the necessary fees for this review at the time and place the plans/specifications are submitted for review. 0~07~0 16.1 Adopt a resolution entitled: I.IIO~UTXOM SO- FX~ ~ 1~90-91 FOI ~ 4~X'E~ Oil '/"BIEBE:~3T,~ ]b.llD TIEB FARXOOI DI~),3t'L'MIII~ BODGI'L'I, RE/COMMENDATION: AuthorizetheNayor to enter into an agreement with the County of Riverside to provide-fire. protection services in the a~ount Of $853,957., for Fiscal Year 1990-1991. _ 18. RECOMMENDATION: 18.1 Authorize the Mayor to enter into an agreement with the County of Riverside to provide law enforcement services in the amount of $3,140,375., for Fiscal Year 1990-1991. 19. .RRC01OiENDATXON: 22.1 Authorize City Manager to extend the contract with Phil Anthony and Bill Mecham to represent Tenecula in. continuing ~eartngs concerning San Diego North County Landfill 0~07~0 Ne~c ueting. June 19, 1990, 7: 00 PM, Te~ecula Community Center, 28816 PuJo1 Street, Temecula, C&lifornia A PROCLAMATION OF THR CITY COUNCIL OF ~ CITY OF TEMEC~ WHEREAS, the City of Temecula has a substantial number of licensed Amateur Radio operators who have demonstrated their value in public assistance by providing emergency radio communications; and WItEREAS, these Amateur Radio operators donate their services free of charge to the City, in the interest of the citizens of the City as well as the world; and, WIIER~AS, these Amateur Radio operators are on alert for any emergency, local or world-wide, and practice their communication skills during the American Radio Relay League, Inc., Field Day exercise; and WHEREAS, the 1990 Amateur Radio Field Day will take place on June 23-24, 1990; NOW, THEREFORE, I, Ronald D. Parks, Mayor of the City of Temecula, hereby declare the week of June 18-24, 1990 as Amateur Radio Week in recognition of this important emergency preparedness exercise, and call upon all citizens to pay appropriate tribute to the Amateur Radio operators of our City. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this 12th day of June, 1990. ATTEST: Ronald J. Parks Mayor June S. Greek Deputy City Clerk [SEAL] 2/Proc/061290 1 06/07/90 FROH: Golden Triangle Amateur Radio Club 27533 Jefferson Avenue Temecula CA 92390 714-676-2999 Fallbrook Amateur Radio Technological Society '2233 E. Stage Coach Lane Fallbrook CA 92028 619-728-8319 FOR IHHEDIATE RELEASE On Saturday, June 23, a complete working Amateur Radio field station will be set up on the grounds of the Pactel microwave tower site in the Santa Rosa mountains Just ~t~of Temecula. Over a 24 hour period, Golden Triange Amateur Radio Club and Fallbrook Amateur Radio Technological Society Amateurs, in a Joint effort, will race to contact thousands of other amateur stations set up across North America! During the devastation of Hurricane Hugo and the San Francisco earthquake, the world depended on radio amateurs, using emergency power, to get reports into and out of the sticken areas. All are invited to visit the working amateur radio station in operation and learn about the role "ham radio" plays right here in Temecula. Maps including instructions on how to reach the site may be obtained at Radio Shack in Temecula (near Payless Drug and Starer Bros). Youth groups are encouraged to pack a lunch and make this a field trip visit. Amateur Radio operators are licensed by the Federal Communications Commission. More information about this excitin{ community event is available by callin~ John Belcher or Ron Perry at 714-676-2999. ~INUTES OF ~ REgULaR ~EETIN~ OF THE TEHECUL~ CITY COUNCIL HELD MAY 22; 1990 A regular meeting of the Temecula City Council was called to order at 7:10 PM in the Temecula Community Center, 28816 Pujol Street, Temecula, California. Mayor Ron Parks presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore Mufoz, Parks ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Frank Aleshire, City Attorney Douglas Holland, and Deputy City Clerk June S. Greek. INVOCATION The invocation was given by Pastor Kerry Martin, Rancho Temecula Bible Church. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Councilmember Muffoz. PRESENTATIONS/PROCLAMATIONS Councilmember Birdsall presented Mayor Parks with a pair overalls, donated anonymously, and personalized with an embroidered "Mayor, City of Temecula". PUBLIC COMMENTS Steve Tapley, 30275 Calle Halcon, addressed the City Council stating his opposition to the San Diego County Landfill proposal and stated the Temecula Valley Board of Realtors, by unanimous vote, opposed the dump site at Aspen Road and Rainbow Glen. He asked that the City Council request a copy of the EIR and take an official stand in opposition. Robert Sommers, 2437 N. Stagecoach Lane, Fallbrook, Chairman of Action Committee of F.R.I.E.N.D.S. stated his opposition to the San Diego Landfill, and requested the opportunity to present a slide presentation at a later time. John Cruzen, 45701 Adler Lane, stating his support in preserving our Parks encouraged people to write to the Riverside County Board of Supervisors to adopt the Regional Park Program. He presented petition signatures in support of this issue. Minutes~Sk22\90 -1- 05/30/90 city Council Minutes May 22. 1990 Jim Gremanis, 42540 Escolacata Drive, spoke regarding the recent removal of signs in Temecula. Mr. Cruzen found the action "uncalled for" and asked the City to relax the sign ordinance in effect. John Bell, 27711 Diaz Road, representing Hudson RCI, stated Hudson was not notified that their sign would be removed. Mr. Bell also questioned the legality of the removal. Mr. Bell stressed the importance of the relationship between the new City and businesses, and asked the City Council for an apology and the replacement cost of the sign. He also suggested relaxing the sign ordinance. CONSENT CALENDAR It was moved by Councilmember Birdsall, seconded by Councilmember Lindemans to approved Items one through six of the Consent Calendar as follows: Councilmember Moore stated she would be absent for Item No. 5. Mayor Parks stated he would be absent for Item No. 6. 1. Minutes 1.1 Approved minutes of April 26, 1990 as mailed. 1.2 Approved minutes of May 1, 1990 as mailed. 1.3 Approved minutes of May 2, 1990 as mailed. 1.4 Approved minutes of May 3, 1990 as mailed. 2. Resolution Approvina Payment of Demands 2.1 Adopted a resolution entitled: RESOLUTION NO. 90-$4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEHECULA ALLOWING CERTAIN CLAIP~ AND DENANDS AS SET FORTH IN EXHIBIT A. 3. Approval of Final Tract 23101-1 3.1 Accepted agreements and bonds for the improvements and approved Final Tract Map 23101-1. 4. Plot Plan No. 1144~ 4.1 Received and filed. Minum~Sk22\90 -2- 05/30/90 City Council Minutes May 22. 1990 ® Plot Plan No. 11518, Amended No, 1 5.1 Received and Filed. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mufioz, Parks None Moore NOES: 0 ABSENT: i COUNCILMEMBERS: COUNCILMEMBERS: e Tentative Paroel Map 25037 6.1 Received and Filed. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Mufioz NOES: 0 ABSENT: i COUNCILMEMBERS: COUNCILMEMBERS: None Parks Lindemans, The motion to approve the consent calendar was carried by the following vote: AYES: 5 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Lindemans, Moore, Muhoz, Parks None None NOES: 0 ABSENT: 0 COUNCIL BUSINESS 7. Weed ~atement City Manager Aleshire explained this is an annual event administered by the Fire Department to clear the weeds from vacant lots. Mr. Aleshire stated notice will be given and Minut~s%S%22\90 -3- 05/30/90 City Council Minutes May 22. 1990 owners have the option to clear their own land. If the land is not cleared, owners will be charged a fee, including a reasonable administrative fee, and the land will be cleared. The resolution declares the weeds a public nuisance and a fire hazard, and sets the issue for public hearing. Councilmember Birdsall moved, Councilmember Moore seconded a motion to adopt Resolution No. 90-55 entitled: RESOLUTION NO. 90-55 & RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING HAZARDOUS NEEDS A PUBLIC NUISANCE, PROVIDING FOR ABATEMENT OF SAID HAZARDOUS WEEDS, FOR THE ESTABLISHMENT OF A FEE FOR THE COSTS OF ABATEMENT INCLUDING A REASONABLE ADMINISTRATIVE FEE, AND SETTING A PUBLIC HEARING PURSUANTTO GOVERNMENT CODE SECTION 39568 The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 8. Resolution in Supmort of State ConstitutionalAmendment No. I City Manager Aleshire reported this is a resolution in support of a proposal to provide funds, through a gas tax increase, to pay for street improvements. Mr. Aleshire stated the main purpose of the resolution is for the City Council to go on record in support of this issue. Councilmember Mufioz stated his opposition to this amendment. He objected to most of the funds going to the State instead of remaining at a local level. Councilmember Mufioz expressed his concern about the attempt to tamper with the spending initiative, which prevents government from taxing without restraint. He asked the City Council and the citizens to review opposition arguments. Mayor Parks stated this is a state wide problem and two state highways go through Temecula. He reported this issue has been reviewed by the League of California Cities and they have formally voiced their support. It was moved byCouncilmember Moore, seconded by Councilmember Birdsall to adopt Resolution No. 90-56 entitled: Minut~5~22\90 -4- 051:~0190 .~ City Council Minutes May 22. 1990 RESOLUTION NO. 90-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA IN SUPPORT OF SCA 1; THE TRAFFIC CONGESTION RELIEF AND SPENDING LIMITATION ACT OF 1990. The motion was carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Birdsall, Moore, Parks NOES: i COUNCILMEMBERS: Mufioz ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: i COUNCILMEMBERS: Lindemans 9. Developer Fee Report City Manager Aleshire reported that developers are currently taking out building permits in the City, with no fees imposed to provide for public facilities. He stated the proposed fees will be similar to those the County collected prior to incorporation, and the 60-day study provides for interim fees. Mr. Aleshire recommended endorsing this proposal and moving ahead with a City of Temecula Development Fee. City Manager Aleshire stated he needed an indication of those improvements the City Council would like to have. He introduced Phil Carter, Willdan and Associates to make a presentation on this proposal. Mr. Carter summarized the requirements for establishing a development fee as a condition of approval for developments as follows: 1. Identify the purpose of the fee. 2. Identify how the fee will be used. Determine the nexus between the fee being imposed and the development being required to pay the fee. Determine how there is a reasonable relationship between the amount of the fee and the cost of the facility. Mr. Carter listed several things funded by development fees. Civic Facilities, Parks, Libraries, Police Stations, Circulation Systems, Maintenance Facilities, Geographical Information Systems were listed. Mr. Carter recommended going Minutes~5~22\90 -5- 05~0/90 City Council Minutes Mav 22. 1990 ahead with the interim fee development program. Mayor Parks called a break at 8:00 PM to change the tape. The meeting was resumed at 8:01 PM. Mayor Parks asked if fees had been collected by the County after December 1, 1990, and if so whether these fees were available to the City. Mr. Carter stated he was not able to determine whether the County had collected fees. Mayor Parks asked if the City requests the entire list of services, will the cost of the study increase. He said that it would not substantially increase the fee. Councilmember Lindemans requested setting a date to establish a mission statement. He stressed the need to get the services this community needs. He further stated he was in favor of proceeding with this study. It was moved by Councilmember Lindemans, seconded by Councilmember Mufioz to proceed with the study and to further direct staff to look at all of the areas listed in the proposal. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RECESS Mayor Parks called a recess at 8:12 PM. The meeting was reconvened following the scheduled CSD Meeting at 8:50 PM. 10. City Hall Purchase City Manager Aleshire said staff was directed to negotiate the purchase of Windsor Properties. He reported three local brokers were contacted and recommended retaining Maggie Stewart of Rancon Real Estate, as purchasing broker; or directing staff to negotiate with WestMar Commercial Brokerage, in regard to their offer. Mr. Aleshire reported if the City choose to have the City Attorney negotiate a final deal, the owner would pay the cost of services. Minutes~5~22\90 -6- 05/30/90 - Citv Council Minutes May 22. 1990 City Manager Aleshire also suggested hiring Harry Clark of Muni Financial Systems to act as a financial consultant. Councilmember Muhoz stated he feels the City Attorney is capable of acting as bond council, and suggested having their office take care of bond items. George Campos, John Burnham and Company, 41593 Winchester Road, Ste 120, stated he feels the transaction between the City and WestMar has progressed to the point where it should not be necessary to hire another brokerage firm. Don Goldberg, 39604 Oak Cliff Drive, representing Westmar, stated he had been working with the City for three months and felt that services had been well provided. He stated that if the City choose to use the City Attorney for final negotiation, the owner would contribute $10,000 to cover those costs. Maggie Stewart, 47610 Los Amantes, representing Rancon Real Estate, said during negotiations it is critical the City be represented without conflict of interest. She said representation by two brokers is often helpful to resolve questions that still need to be addressed. It was moved by Councilmember Mu5oz, seconded by Councilmember Moore to authorize the City Manager to retain the City Attorney to finalize negotiations on the subject property. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu5oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Councilmember Lindemans moved, Mayor Parks seconded a motion to retain the services of authorize the City Manager to retain the services of Harry Clark of Muni Financial Systems to act as financial consultant. Councilmember Mufioz asked if the City Attorney could handle these transactions without hiring another consultant. Mayor Parks stated a financial consultant, expert in the area of bond underwriting, would more than save the $12,000 consulting fee. Minutes~5 T.2\90 -7- 05/30/90 City Council Minutes May 22. 1990 Councilmember Lindemans stated he felt the advantage of having a local consultant who is accessible, is a big plus. City Attorney Doug Holland, in response to a question from Councilmember Moore, stated that a financial consultant would be helpful in determining financing options, and concurred with the recommendation to hire a financial consultant. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 11. 12. 13. Plot Plan No. 11234 It was moved by Councilmember Birdsall, seconded by Councilmember Mufioz to continue this item to the meeting of June 19, 1990. The motion was unanimously carried. Paroel Map 24038 Councilmember Birdsall moved, Councilmember Moore seconded a motion to continue this item to the meeting of June 5, 1990. The motion was unanimously carried. Conditional Use Permit 3036 Mayor Parks declared the Public hearing opening at 9:37 PM. Ross Geller, Planning Director, stated this is a proposal to replace an existing Chevron Service Station with a Chevron Mini-Mart at the north east corner of Front Street and Rancho California Road. Mr. Geller reported staff has been working with the applicant and has resolved several issues of concern, i.e. (changed the 12 foot sidewalk to 6 foot sidewalk and 6' landscaping, mens and ladies restrooms will be provided, etc.) Councilmember Moore asked if this project will interfere with the widening of Rancho California Road. Ross Geller stated there should be ample right-of-way. Minutes~Sk22\90 -8- 05/30/90 .... City Council Minutes May 22. 1990 Councilmember Mufioz suggested one additional condition be having Chevron accept used oil for recycling, as it is a much needed service in this community. Mark Murphy, stated that no automotive repairs will be done at this site, making this request unpractical and very expensive for the owners. Marva Davis, P.O. Box 952, Winchester, stated that used oil is not being accepted at their current location. She further stated that EPA has strict regulations for recycling oil and it is difficult to assure used oil does not contain any other chemicals. Councilmember Mu~oz expressed his concern that environmental problems are not being addressed. He suggested Chevron could pass the cost of the recycling along to the customers, not absorb the cost directly. Mayor Parks suggested spreading the responsibility of recycling used oil to all gas stations in the City by adopting a City ordinance. Councilmember Birdsall said the problem she sees with this project is they will have food on the premises and used oil couldn't be stored in the same building. Jack Davis, 42896 Santa Suzanne, stated this site will be completely demolished and levelled. No storage tanks for oil will remain and it would be an un-fair condition to place on this station alone. Sydney Vernon, 30268 Mersey Ct., asked the Council how many mini-marts will be allowed in the City where people can buy alcohol and drive. Mayor Parks declared the Public Hearing closed at 9:47 PM. It was moved by Councilmember Birdsall, seconded by Councilmember Moore to approve Conditional Use Permit 3036. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Parks NOES: 1 ABSENT: 0 Minutes~5~22\90 COUNCILMEMBERS: COUNCILMEMBERS: Muhoz None Lindemans, -9- 05130190 City Council Minutes Mav 22. 1990 Councilmember Moore moved, Councilmember Birdsall seconded a motion to extend the meeting until 10:30 PM. The motion was unanimously carried. RECESS The Mayor declared a recess at 9:49 PM. The Meeting was reconvened at 10:00 PM with all members present. 14. FY 1990-91 Budget Consider&tion City Manager Aleshire reported that the City Council has received the proposed budget and held one workshop on May 12, 1990. Since that workshop the budget has been updated to reflect Council changes. Mr. Aleshire stated the main purpose of this hearing is to receive public input. He reported five committees have requested City funding. Mr. Aleshire introduced Mary Jane Henry to give a brief presentation. Ms. Henry listed the revisions made pursuant to the budget workshop held on May 12, 1990. Paul Castillo, 3131 Arlington Avenue, representing Alternatives to Domestic Violence, asked the City Council for $5,000 to aid in this program. Mr. Castillo reported that according to statistics, 10% of families in Temecula will be actively involved in some form of domestic violence. This program provides shelter and services for victims of domestic violence at no charge. Jim Meyler, 29930 Santiago Road, representing TheArts Council of Temecula Valley, submitted a grant proposal of $50,000 to the City. Mr. Meyler stated TheArts Council has been granted both a 501 C-3 and 509 A charitable organization designations. Bill Bopf, representing The Community Recreation Center Corporation, stated this Corporation intends to provide the City $250,000 for the purpose of building a community recreational center. He requested that the City make a commitment to fund the remainder of the costs of construction. Pia Oliver, 27919 Front Street, requested a statement be read in her absence. Mayor Parks read her statement in support of funding The Economic Development Corporation. Bill Bopf, 28924 Front Street, representing the Temecula Valley Chamber of Commerce, asked the City Council to Minu~22\90 -10- 0~/~0/90 City Council Minutes May 22. 1990 seriously consider becoming a partner in the Economic Development Corporation and funding this organization $75,000, which will be matched. Councilmember Birdsall asked why this program is not part of the Chamber of Commerce. Mr. Bopf answered this one issue would account for over half of the Chamber budget and would therefore take a disproportionate amount of the Chamber resources to administer. Councilmember Mu~oz asked if the County contributes to this program, would it decrease the dollar figure necessary for the City to contribute. Mr. Bopf answered that as money is received from other agencies the City's contribution would decrease. Councilmember Mu5oz questioned the 50/50 contribution level required of the City when given only one vote on the Board of Directors. Mr. Bopf stated that the City could request additional representation on the board as a condition for funding. Councilmember Lindemans stated he was in favor of an organization to benefit citizens of Temecula, but had reservations regarding funding an agency for all the Temecula, Murietta, Riverside County area. Councilmember Muhoz stated that the Economic Development Corporation would be a good investment for the area. He further stated that many of the unincorporated areas may be included in the City's Sphere of Influence. It was moved by Councilmember Birdsall, seconded by Councilmember Moore to extend the meeting to 11:00 PM. The motion was unanimously carried. Barbara Pearson, 30150 Via Monterey, representing the Temecula Town Association, asked the City Council for $35,120 to aid in building a 3,000 sq. ft. building adjoining the present building. She further stated the unused property adjoining the center is scheduled for a community park. Mayor Parks asked if the $35,000 would be used for street improvements. Ms. Pearson answered that it would be a grant for the development of the community park. Jeanne L. Burns, 30112 Santiago Road, representing the Temecula Community Theater, asked for funding to aid in four scheduled productions. She asked for $20,000 for these productions. Minuu~5~22\90 -11- 05;30/90 City Council Minutes May 22, ~990 Councilmember Muhoz requested adding a budget for improving the senior center. Mr. Muhoz estimated a figure of $25,000. Councilmember Birdsall stated she had tried to get a budget from the Senior Center, but has not been able to obtain figures and will report back on this issue next week. Councilmember Lindemans requested a token funding of $1 for adoption of Voorburg, Holland as Temecula's Sister City. Councilmember Lindemans stated that Voorburg is the oldest City in Holland and Temecula is the newest in California, and requested staff put this item on the agenda. Councilmember Moore stated there is an additional request from the Temecula Valley Substance Abuse Council for $7,500. Mayor Parks advised that these items would not be approved at this time, but would be continued to the meeting of May 29, 1990. It was moved by Councilmember Birdsall, seconded by Councilmember Moore to continue the budget hearing to the meeting of May 29, 1990, 7:00 PM, at the Temecula Community Center. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Muhoz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CITY MAITAGER REPORTS City Manager Aleshire reported on his meeting with the County on The Ynez Corridor Mello Roos, who agreed to work toward having the first phase bonds issued in August. He stated the County would like the City to handle the engineering work. CITY ATTORNEY REPORTS None given. Minutes~5~22\90 -12- 05/30/90 City Council Minutes May 22. 1990 CITY COUNCIL REPORTS Councilmember Birdsall Requested staff research various publications available through the League of California cities to be used as reference materials by the Planning Commission. Councilmember Moore Asked staff to look into the matter of the recent street sweeping performed by the County. She feels the City should not be charged for this service. Councilmember Mufioz Asked that staff check into having badly needed roadway striping and repairs performed by the County prior to June 30, 1990. Requested that staff look at the intersection of Pala Road and Highway 79 South and make recommendations for increasing safety factors. Requested that the matter of left turn lanes be studied for Rancho California Road at the entrance to WoodcreekApartments and at Rancho California Road at the entrance to the mini- center just west of Moraga Road. Mayor Parks Requested staff check into the road widening at Temecula Middle School. Asked for information regarding possible condemnation of the Pala Road Bridge and creation of another crossing of the Temecula Creek to tie into Highway 79 South. MinuteskS~22\90 -13- 05/30/90 City Council Minutes Mav 22, 1990 ADJOURNMENT Councilmember Birdsall moved, Councilmember Moore seconded a motion to adjourn at 10:55 PM. The motion was unanimously carried. ATTEST: RONALD J. PARKS, MAYOR F. D. ALESHIRE, CITY CLERK Minut~s~5~22\90 - 14- 05/30190 MINUTE~ OF AN ADJOURNED REGULAR I~EETING OF THE TF~ECULA CITY COUNCIL HELD ]~AY 29, L990 An adjourned regular meeting of the Temecula City Council was called to order at 7:02 PM in the Temecula Community Center, 28816 Pujol Street, Temecula, California. Mayor Ron Parks presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Frank Aleshire and Deputy City Clerk June $. Greek. INVOCATION The invocation was given by Pastor T. J. Mercer of Rancho Community Church. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Councilmember Birdsall. PUBLIC CONI~ENTS John Bell, of Hudson RCI, representing the newly organized Temecula Commerce Committee spoke in opposition to the City Council's recent action on sign abatements and encouraged the Council to enact a comprehensive and fair sign ordinance for the City. He said the Temecula Commerce Committee feels the strong need to become involved with this type of activity in an advisory capacity to the Council and will be meeting with the City Manager on May 30, 1990 to offer their assistance. John Dedovesh, 39450 Long Ridge Drive, addressed the Council regarding the serious traffic hazards on Winchester Road. He requested the City Council direct staff to enforce the speed laws more vigorously and further recommended that the speed limit on Winchester Road be reduced to 45 MPH. CONSENT CALENDAR Mayor Parks removed item five from the Consent Calendar. Councilmember Mufioz requested the removal of item two. Councilmember consideration interest. Moore advised that she would be absent from of item two because of a possible conflict of #i nut es\5\:~9\90 - 1 - 06/04/90 City Council Minutes May 29, 1990 It was moved by Councilmember Birdsall, seconded by Councilmember Moore to approve items one, three and four of the Consent Calendar as follows: 1. Minutes 1.1 Approved minutes of May 8, 1990 as mailed. 1.2 Approved minutes of May 12, 1990 as mailed. Application for ~lcoholic Beverage License 3.1 Received and filed application· city Treasurer's Report for the Month Ending &Dril 30, 1990 4.1 Received and filed report. The motion carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: Birdsall,Lindemans, Moore, Muhoz, Parks COUNCILMEMBERS: None COUNCILMEMBERS: None Final Tract 23371-2 City Engineer Tim Serlet gave a staff report outlining the size and location of this project. Councilmember Mufioz said he would like to have a report by the developer on final tracts, to describe for the Council the features of the projects and to be available for specific questions. Councilmember Lindemans asked if staff could make a brief report on each final tract prior to the Council taking action on the Consent Calendar. Councilmember Mufioz expressed the view that he would like to have the opportunity to educate the public regarding the kinds of developments being approved by the Council. #i n~te$\5\Zg\90 - 2- City Council Minutes May 29. 1990 Councilmember Birdsall suggested that the members of the Council give the staff specific guidelines about what they want included in staff reports. It was moved by Councilmember Birdsall, seconded by Councilmember Lindemans to receive and file Tract 23371-2, subject to the attached conditions of approval. The motion was carried by the following vote: AYES: 4 COI/NCILMEMBERS: Birdsall, Lindemans, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Moore e Btatement of Revenues and Expenditures, Budqet and Actual for the Month ending April 30, 1990. Mayor Parks stated that he feels the existing budget can be amended without adopting the separate appropriations resolutions recommended in the staff report. City Manager Aleshire advised that this can be accomplished within the 1990 budget. In response to a question from Councilmember Lindemans, Interim Finance Director Mary Jane Henry said the monies for providing additional Community Development consulting fees can not be pulled from a CIP budget at this time because there are no developer fees currently being collected. It was moved by Councilmember Birdsall, seconded by Councilmember Moore to receive and file the report and table the resolutions amending the 1990 budget for Community Services by $15,000 and Community Development by $60,000. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None !~inutes\5\29\~O -3- City Council Minutes May 29. 1990 COUNCIL BUH~NE88 e Report on Measures ~aken to Alleviate Conditions Which Led to Adoption of Billboard Moratorium City Manager Aleshire gave a staff report explaining that this matter has been set for public hearing on June 5, 1990 to extend the billboard moratorium for an additional ten months and 15 days. He outlined the steps being taken by staff to complete the recommended ordinance pertaining to billboards in Temecula. It was the consensus of the Council to issue the report. Councilmember Birdsall requested that Mr. Bell's group, the Temecula Commerce Committee, be notified of the public hearing. Fiscal Year X990-9X Budget Consideration City Manager F. D. Aleshire presented a staff report and recommended that the City Council consider areas where cuts might be made in the proposed budget. He outlined the revenues which should be available in the general fund for the year and discussed his concern with the small amount of money allocated for the contingency fund. He recommended the following cuts: Fire Department Budget $heriff's Budget Building Department Budget Planning Department Budget Community Programs $350,000 $300,000 $400,000 $200,000 $125,000 He also recommended that the City Council take an overall conservative approach during this first year of the City's incorporation. Councilmember Lindemans stated he would have no problem with reductions in areas other than police and fire. Linda Cloughan, 41304 Bravos Court, addressed the Council on behalf of the Temecula Neighborhood Watch, requesting 1990-91 funding in the amount of $20,000. She also strongly urged that the public safety items not be cut. # ~.uzes\5 \29\90 -~.- 06/04/90 city Council Minutes MaY 29. 1990 Councilmember Muhoz said his concern is with the validity of the revenue projections. He proposed that a total of 10% be allocated for the contingency budget. He also recommended that the Council look at the requests for funding Community Programs from the standpoint of where the greatest need exists and the greatest benefit to the citizens can be achieved. Councilmember Birdsall asked if the funding for some of the Community Programs can be moved to the Community Services budget if the programs fall into that category. Mary Jane Henry reported that the City needs to do some audit work and then formally request distribution of the funds, currently being held by CSA-143, from the County. She suggested that the Council be very cautious about appropriating any of these funds at this time. Councilmember Birdsall said it is her understanding that there is a surplus in the CSD budget and asked if the Council has the discretion to use some of this surplus to fund Community requests. City Manager Aleshire answered that the surplus can be used in this way. Councilmember Lindemans asked if it is possible for the Council to put the Community Program requests on hold for a period of three months until a cash flow analysis has been completed. City Manager Aleshire responded that when the budget is adopted the Council can designate areas to be frozen for several months. Mayor Parks stated concern that the revenues projected may not be forthcoming and he suggested that a 10% across the board cut be made. Councilmember Moore said she feels both the Fire and Police Department budgets were generous estimates and at the mid-year budget review, the Council should have a better picture of the services being provided. She recommended Council consider approving the reductions suggested by the City Manager and review the budgets at mid-year to adjust upward if necessary. Captain Rick Sayer, addressed the contingency hiring fund and explained the reason for it being incorporated in the Police Services budget. He said he feels if the money is placed in the City contingency fund it will not impact the service level of his department. M ~nutes\5\Z9\90 -5- 06/06/90 ~ City Council Minutes May 29, 1990 Chief Jim Wright, said a $350,000 cut from the Fire Services budget would impact staffing levels at each fire station in the City. He listed several alternatives which would allow some cuts to be made. Mayor Parks questioned if the other general government areas can be cut by 10%. City Manager Aleshire said that some of the areas might be reduced but other areas are budgeted too tightly to allow any cuts. RECEBB Mayor Parks declared a recess at 8:20 PM. The meeting was reconvened at 8:36 PM with all Councilmembers present. Fire Services It was moved by Councilmember Birdsall, seconded by Councilmember Lindemans that no reductions be made in the Fire Services budget. Councilmember Moore stated she would like to wait until Councilmember Mufioz is able to make his report on the fire assessment tax before making a decision. Mayor Parks indicated his preference to make the recommended cuts and look at the overall program of the department at mid- year for adjustments. The motion carried by the following vote: AYES: 3 NOES: 1 ABSENT: 0 ABSTAIN: 1 COUNCILMEMBERS: COUNCILMEMBERS- COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Lindemans, Mufioz Parks None Moore nut es \5 \29\90 - 6 - 06/04/90 City Council Minutes May 29. 1990 Police Services It was moved by Councilmember Mu5oz, seconded by Councilmember Birdsall, to reduce the Hiring Contingency portion of the Police Services budget by $200,000. The motion carried by the following vote: AYES: 4 NOES: 0 ABSENT: 0 ABSTAIN: 1 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Lindemans, Muhoz, Parks None None Moore Building Department It was moved by Councilmember Birdsall, seconded by Councilmember Muhoz to adjust the total budget allocation for the Building Department by $400,000, to adjust a duplication in salaries. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu5oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Planning Department It was moved by Councilmember Birdsall, seconded by Councilmember Mufoz to adjust the total budget allocation for the Planning Department by $200,000, to adjust a duplication in salaries. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu5oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 14 i nutes\5\29\90 - 7- 06/04/90 -- Citv Council Minutes May 29. 1990 Community Social Services It was moved by Councilmember Birdsall, seconded by Councilmember Moore, to reduce the overall Community Services Discretionary funding by $125,000. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Muhoz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None General Government Councilmember Birdsall stated she would like to have staff return with certain line item budget cuts in the amount of 10% of the total general government allocations. She also indicated that she would like to have one more budget hearing added prior to the final adoption on June 12, 1990. Mayor Parks indicated that he would be comfortable with a 5% cut in the general government total. Councilmember Mufioz suggested setting a limit of 5% minimum and 10% maximum for the required cuts. It was moved by Councilmember Birdsall, seconded by Councilmember Moore to direct staff to rework the line items in the proposed staff budgets as shown on pages nine (9) and ten (10) of the budget document by a margin of from five to ten percent. The motion was unanimously carried. Mayor instructed staff to schedule another consideration on the agenda of June 5, 1990. budget Community Funding Requests Councilmember Birdsall requested that a determination be made regarding moving requests for funding to the CSD budget. City Manager Aleshire advised that the request from the Temecula Town Association for street improvements has been changed to a request for the same amount of funding for park improvements. N J nut es\5\29\90 -8- 06/0~/90 City Council Minutes Mav 29. 1990 Councilmember Muhoz said he would like to see all the requests judged by the same criteria. He also suggested a 50% cut of all requests might be in order since the total allocation was cut by that percentage. It was decided to move the following requests to the CSD budget for consideration: the Temecula Town Association Park Improvements, the Arts Council, the Community Recreation Center, the Community Players and the Senior Center. The following requests will be considered for funding from the general funds: Substance Abuse Council, Temecula Economic Development Corporation, Temecula TownAssociation 4th of July Parade, Alternatives to Domestic Violence, Sister City Program and the Neighborhood Watch Program. In response to a question from Mayor Parks, Captain Sayre stated that the Police Services budget contains a contingency account which could provide some funding for programs such as Neighborhood Watch. It was moved by Councilmember Mu5oz, seconded by Councilmember Lindemans to fund Neighborhood Watch from the existing Police Services budget. The program is to be administered by the Chief of Police. The motion was unanimously carried. Councilmember Muhoz spelled out theguidelines he feels should be applied to consideration of all of the requests: 2. 3. 4. The amount of the request. The need/financial background of the organization. The ability of the organization to raise its own funds. The benefit to the community at large. City Manager Aleshire advised that a contract is needed from each group prior to the funds being released. He said if the City needs to defer the disbursement of funds because of cash flow, that can be written into the contract. It was moved by Mayor Parks, seconded by Councilmember Lindemans to freeze the distribution of any of the $125,000 allocation for a period of three months to allow for the establishment of criteria for consideration of the requests. The motion was unanimously carried. Councilmember Moore asked if the Council could address the matter of the 4th of July Parade request in another area of #i ~utes\5\29\90 -9- 06/04/90 City Council Minutes May 29. 1990 the budget. City Manager Aleshire suggested since this is a request to provide Police services that might be an area to be looked at. Councilmember Birdsall asked that all the organizations who have made a funding request be notified by the staff of the Council's action. CITY MANAQER REPORT None given CITY ~TTORNEY REPORT None given CITY COUNCIL REPORTS Councilmember Birdsall Requested that the staff look into the matter of providing funds for medical testing in cases of "Good Samaritan" assistance to accident victims. Councilmember Moore Asked staff to check into the status of a donation from the City Committee for the purchase of a Plaque and Flag Pole for City Hall. Also asked staff to advise the Council on the status of the City newsletter at the next meeting. Requested that the City officially notify Caltrans of its concern over the recent traffic fatalities and the frequency with which they have been occurring in the City and to request they take immediate action. Councilmember Lindemans Asked that the matter of authorizing Max Gillis to perform Traffic Advisory services to the City be placed on the next agenda. Councilmember Mu5oz Said he believes it is time to bring the traffic problems the community is dealing with to a "top of mind" position. He feels it needs weekly attention. N i ~tes\5 \29\W - 10 - 06/0l,/90 City Council Minutes May 29. 1990 Mayor Parks Stated he shares the concerns expressed by the other members of the Council and said he would like to see these concerns addressed by the Traffic Commission as soon as it is selected. ~%D~'OURN~ENT It was moved by Councilmember Moore, seconded by Councilmember Birdsall to adjourn to a meeting to be held Monday, June 4, 1990 at the Vail School, 29915 Mira Loma Drive, Temecula, for the purpose of swearing in the Temecula Planning Commission. The motion was unanimously carried and the meeting was adjourned at 9:41 PM. Ronald J. Parks, Mayor ATTEST: June S. Greek, Deputy City Clerk #inutes\5\Zg\90 - 11 - 06/04/90 RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RE~OLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the following claims and demands as set forth in Exhibit A have been audited by the City Manager, and that the same are hereby allowed in the amounts of $74,315.86. SECTION 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this day of June, 1990. Ronald J. Parks, Mayor ATTEST: June S. Greek, Deputy City Clerk [SEAL] Resos 68 06106190 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 © 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 © 0 0 0 0 0 0 h~ C Z ~ ~ ~ ~ Z Z ~ ~ 0000000 0 O0 0 0 O0 0 0 0 0 0 0 0000000 O~ 00~ O~ or oo O~ oo o~ o~ OC o0o0000 0 00~ o~ 0 0o o O~ © o o ~ ~.~t.~t~t,~D~ t~ ~ ~ ~ ~ ~ ~ t'.~ t,3 ~ L.I t'.~ tO~ t~ t.~ t'~ ~ 0000000 0 O0 0 0 ~©~ 0 © O~ 0 0 m z z m · W I-..) ~ (~ (.q t'.) ~ t'.) ~ Lq Lq O' CO ,.J I'..1 ,..1 L tl UI .~a 2 t'..1 ".JG t'.1 l...1 Lq Lq t'.J c4m C4 C..I -.~ ~) '-.J ~.1 , ~ ~ ~, ,~ .o m cq o- u~ r,.q .o *-'m c~ r~ 0 o ,~ o.0 o o ,*'*,o .o ,o ~ ~-, 0 I I C, 0000000 0 0 0 O0 0 0 0 0 0 C'O 0 0 0 © 0 0 0 0 0 0 0 0 C' O000000 0 0 0 O0 0 0 C' 0 C, 0 C, C' 0 0 C, ,~ C, C' 0 0 C' C, 0 C, O000000 0 0 0 O0 0 0 0 0 0 0 C, C' © C' C, C' © 0 0 C, © C' "t10 ~ I/1 ~. s n o n B~ LI~ © 0 $ nn ~.Z 0 0 C n Dim n 0 I~ n '9 B~ m~ n ~ n mmm n ~ n r n ~ n m n m~ n m n ~m,n ~ n ~ n ~ ~--~ O ZZZ 0 ~ 0 0 0 0 ~ 0 Z 0 ~ 0 r 0 0 ~ CI'tl rq U) U'.~ ~ zr.o ~ -I -1 --I ~ ~ ZZZ r- ~ o z xO CZ r' ~. Z rrl Lq C~Z O~ 0 C[') ~ T ~r- Z IT1 rn"z rn ..~ '~) (.4 Lq ~- D' 0 0 C', 0 UI U1 I~O . m ~. ",4 f...,I 120 m OD ,,~ ,,b, l...1 t'.) O" <t D' '~' ~ 0 n'q ~ C' O -,I 0 ¢.4 ¢,4 0 f~l 0 C, 0 0 0 O0 0 0 0 000 0 0 0 0 0 C,O C, 0 0 C'C, 0 © 0 0 C, 0 0 0 OC, 0 0 O0 O 0 0 O0 0 0 0 0 0 0 C'O C' C, C, C'O 0 0 0 C'C, C' 0 C,O 0 0 O O O O O O O O O O O O C, O ,O C, C, C' O C' C, C, C' C, C, C' O © C' O C' O ~0 O~ r~ 0 ~0 n n "0 ~Z n~ n o II) ~- n ",l I~ '3 i~. "o ~n n 0 ·" D rq ,,z Z Z x rq ~ ~ m Z rq u] 0 O0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 © 0 0 000 © 0 0 © 0 © '5 O0 0 0 0 0 0 0 0 0 0 0 0 © 0 0 0 0 C' ©C'© 0 0 0 C, © © 5 O© 0 0 0 0 0 0 0 0 0 © 0 © 0 C' © © 0 ©©C, © © C, C' 0 © -rl 0 n 0 ,,< © "9 0 n ,-, ~ 0 n 0 0 0 n to,n 0 ~ o o o o ~ t..~ ~ o~ c,~ ~ o~ ~. ~ ~ ~ r ~ 0 0 0 0 ~ ~0 ~ ~C 0 © 0 0 ~. o n ~ n n ~ n ~ n ~m ~ H o o ~ o ~ o o ~ · .. c ..... .. ~4 O OC, O 000 0 ,D 0 0 0 ,D 0 C' v ~, 0 O C, C., C' C, 0 C, 0 C, ,C, ,D 0 ,-' 0 C, C, 0 C, 0 C, C, 0 C, C' 'C, 0 C, © '~O ~". 0', n O ~ ~ -~O mD '9 0~ re. ,,0 no. ID O '9 ~,< n 0 n '~ $ 0 0 0 -i RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A FEE SCHEDULE FOR THE CITY CLERK'S DEPARTMENT The City Council of the City of Temecula does resolve, determine and order as follows: WHEREAS, there are numerous occasions when the public wishes to purchase documents from the City Clerk's Department; and, WHEREAS, it is necessary to duplicate these materials and to conduct research in the course of completing requests for documentation; and WHEREAS, certain documents need to be mailed to the requesting parties, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula orders as follows: Section 1: There is hereby established a fee schedule for the City Clerk's Department, attached hereto as Exhibit "A". Section 2: The funds collected for these fees shall be deposited in the Receiving Account of the General Fund. Section 3: The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED this 24th day of April, 1990. ATTEST: Ronald J. Parks, Mayor June S. Greek, Deputy City Clerk [SEAL] Resos66 1 06/08/90 11:20am ~'~IB?T '"X" RESOLUTION NO. 90- FEE SCHEDULE FOR CITY CLERK'S DEPARTMENT ITEM Be De Reproduction Municipal Code Supplements (Semi-Annual) Agendas - Annual Subscription Minutes - Annual Subscription Agenda Packets - Annual Subscription Individual Agenda Packets Research Magnetic Tape Review Campaign Disclosure Statements The 6.75% sales and use tax shall be applied where applicable. FEE $2.00 for Research/Handling Plus $.25/Page $100.00 $ 40. oo $ 40.00 $ 65.00 $175.00 $ 20.00 Staff Hourly Rate Plus Benefits (30%) and overhead (15%) Staff HourlyRate Plus Benefits (30%)an d overhead (15%) $.25/Page CITY OF TEMECULA AGENDA REPORT AB#: ,( TITLE: DEPT MTG: G-r*y..-qo TENTATIVE PARCEL MAP NO. 21383 CITY ATTY DEPT: ¢**b. SECOND EXTENSION OF TIME CITY MGR Recommendation That the City Council SET FOR HEARING the second extension of time request for Tentative Parcel Map No. 21383 on July 2q, 1990. Project Information Request Filed: Case No.: Applicant: Representative: Proposal: Location: Zoning: Surrounding Zoning: Surrounding Land Uses: Project Statistics: County Planning, February 23, 1990 Tentative Parcel Map No. 21383, second application for a one year time extension. Rancho Core Associates No. 1 N BS/Lowry Second extension of time request for Tentative Parcel Map No. 21383, 130 industrial lot subdivision on 16q acres. Northwest corner of the intersection of Winchester and Diaz Roads. M-SC North: South: East: West: M-SC M-SC R-R, M-SC R-A-20 North: Vacant South: Industrial Park East: Murrieta Creek West: Hillside/Vacant Tentative Parcel Map for 130 industrial lots on 164 acres. The minimum proposed lot size is one (1) gross acre. Project Back.clround This project was originally approved by the Riverside County Board of Supervisors on March 24, 1987. The first extension of time was applied for on March 16, 1989 and was approved on October 24, 1989. The second extension of time was applied for at the Riverside County Planning Department on February 23, 1990. The case was then transferred to the City of Temecula with a RECEIVE and FILE recommendation. TENTATIVE PARCEL MAP NO. 21383 PAGE 2 Area Settinq Approximately one half of the site lies in the Murrieta Creek Flood Plain area. The other half ascends the valley floor and extends into the foothills of the Santa Rosa Plateau. The site is currently vacant. To the south is an existing industrial park. Easterly of the site is the Murrieta Creek Channel, which is zoned R-R. Northerly of the project is vacant area zoned M-SC. To the west of the proposed industrial site is hillside area zoned R-A, with 20 acre minimum lot sizes. Staff Concerns Staff recommends that the project be set for public hearing because of concerns which include the following issues: The intensity of the proposed grading is severe and staff requests policy direction. Approximately 3,400,000 cubic yards of earth on 164 acres are proposed to be moved. Possible land use conflict with the future General Plan in terms of appropriate development in this relatively large, undisturbed open area. Staff Recommendation That the City Council SET FOR HEARING the second extension of time request for Tentative Parcel Map No. 21383 on July 24, 1990. II1 C04qtE ~LJ, MENCO SOL AUTO CENTEF "%. \ VAC I I LAND USE ~,,. .:..~%/~ '~ ' " "~'I ~ , _..'~ ... *j v;' I " ' FA( ,- ~v~ C cz . '\ ::IiVER ,iDE counc.u ;,LAnnin ; DE;', :ICl;IEnC Mr. Ross Geller Willdan Associates 155 Hospitality Lane, Suite 110 San Bernardino, CA 92408 RE: Transfer of Case File for Project Within the City of Temecula (Case Number) Dear Mr. Geller: The above referenced case(s) is being forwarded to you for any additional processing that may be required. The subject case(s) was considered at a public hearing and is being forwarded to the City Council of Temecula for action, as noted below. Approved by the Planning Director and being forwarded to the City Council to RECEIVE AND FILE the Planning Director's action. Approved by the Planning .Commission and being forwarded to the City Council to RECEIVE AND FILE the Planning Commission's action. / / Approved by the Planning Commission and being forwarded to the City Council for a public hearing. / / With the case file being transmitted to you, as staff for the City of Temecula, the County Planning Department will not be taking further action on the subject case(s). If you have any questions, please feel free to contact this office at 275-3208. .Very truly yours, RIVERSIDE COUNTY PLANNING DEPARTMENT Joseph A. Richards, Planning Director Richard~acH6tt, q~rincipal Planner 4080 LEMON STREET, 9TH FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787-6181 79733 COUNTRY CLUB DRIVE, SUITE E BERMUDA DUNES, CALIFORNIA 92201 (619) 342-827' PLANNING COMMISSION: 3-29-90 Agenda Item No. : 3-! RIVERSIDE COUNTY PLANNING COMMISSION MEETING BOARD ROOM - 14TH FLOOR - 4080 LEMON STREET - RIVERSIDE PLANNING COMMISSION CONSENT CALENDAR STAFF REPORT NOTE: The following will be presented to the Planning Commission as consent calendar items. Unless specifically requested by the applicant at the time of consideration, these items may not be discussed and are subject to approval by the Commission unde~ a single motion. CEQA- The following tract have conformed to the requirements of the Ca!ifo,-nia Env~ronn',ental Quality Act of 19tO. It has bee~ determined that the individual map will not have a sign:¢icant effect upon the environment. GEHER~L PLAN: Unless otherwise noted, the following tracts have beeF~ determined to be consistent with, the 9eneral plan a~ :is elenaerrs. O~DINAt;CE NO. 653' The conditions of apprc.'.,,al for the fcq!-w-r-~g map will be an,ended to reflect the implementa%~o:~ of Ord:mamce (Stephens Ka:~garoo R&t Mitigation). ~ke conditions w!~! be amerded as follows: 21383, add Condqtior No. 20. RESOMfqENDATZOf..'S: The applicant of tile following map has requested an e..tension o~ time to allow for recordation of a final map. Staff has reviewed the request and recommends approval. TRACT NO. 21383 - NBS Lowry - Temecula Area - First Supervisor~a~ District - 130 Lots - 164 Acres - Southwest of Diaz Road and wes; of Rancho California - Schedule E - M-SC Zone - EXTENSION OF TIf~E THROUGH MARCH 24, 1991 - Second Extension. 2phirig Area: Temecula Supervisorial District: E.A. Number: 30363 Regional Team No: Two First INDUSTRIAL PARCEL MAP NO. 21383 Amd.,3 Planning Commission: 1-21-87 Agenda Item: No. g RIVERSIDE COUNTY PLANNING DEPARTMENT STAFF REPORT 5. 6. 7. 8. 9. 10. Applicant: Engineer: Type of Request: Location: Existing Zoning: Surrounding Zoning: Site Characteristics: Area Characteristics: Comprehensive General Plan Designation: Land Division Data: 11. Agency Recommendations: 12. Letters: 13. Sphere of Influence: Rancho Core Associates No. 1 N.B.S. Lowry To divide 164.07 acres into ~30 lots Southwesterly of Diaz Road southeasterly of Cherry Street M-SC M-SC, R-A-20, and R-R Flat open area sloping the wes t Area transitioning to activities and upwards towards industrial park Land Use: Total Acreage: 164.07 Total Lots: 130 Proposed Min. Lot Size: Road: 3-24-8? Health: ~-15-86 & 1-21-86 Flood: 5-21-86 Fire: 5-15-86 Other: Building & Safety: Opposing/Supporting: None wri ting Not within a City Sphere Category I! Industrial 1/ac gross 9-4-86 as of this ANALYSIS: Project Description: Tentative Parcel Map No. 21383 Amended No. 3 is an application to divide 164.07 acres into 130 lots. The minimum lot size proposed is 1 acre gross. The proposed project is a schedule 'E" parcel map. The project site is located southeasterly of Diaz Road and southeasterly of Cherry Street. At present, the subject property is vacant and is zoned #-SC. Surrounding properties are zoned H-SC, R-A-20, and R-R. The general characteristics of the area are vacant lots transittoning to industrial ~rks and service commercial uses. INDUSTRIAL PARCEL MAP NO. 21383 Amd. #3 Staff Report Page 2 ENVIRONMENTAL /~IALYSIS: Environmental Assessment No. 30363 indicates concer. ns impact the subject s ite: L iquefact ion: resources. the following environmental Eros ion: and Archaeological The Department of Build ing and Safety's letter dated 9-4-86 provides adequate mitigat ion for 1 iquefaction concerns. Eros Ion concerns can be mir igated through project design and proper grading techniques. Archaeological Report, PD 1125 was prepared for the project site, and the report showed no finds ancI recon~ends no mir igat ion requirements. PROJECT CONSISTENCY/COINPATIBILITY: The subject property lies within the Southwest Land Use Planning Area. The site also lies within the Mr. Palomar Observatory Policy Area. Review of the Open Space & Conservation Map of the Comprehensive General Plan shows the site as Areas Not Designatec~ as Open Space. The Land Use Element of the Comprehensive General Plan designated the site Category II lane) uses. A full range of public services and facilities are available to the subject property. The proposed 130 lots industrial/commercial subdivision is a logical extension of the existing and proposed industrial pattern in the area. The proposed project is compatible with the industrial park located directly southeast of the project and the tentatively approved schedule "E" parcel map located to the South of the project. Industrial Parcel Map No. 21382 was sumitted concurrently with this project, and was approvecl by the Planning Commission on December 3, lg86. Parcel Map 21382 is proposing the sane type of project with the sane proposed lot size. Staff reconTnends approval of Tentative Parcel Map No. 21383, Amcl. ~3 in that the proposal ts consistent with the General Plan, compatible with the development, and conforms to the requirements of Ordinance Nos. 348 and 460. FINOI#GS: The applicant proposes to divide 164.07 acres into 130 lots with a minimum lot s ize of 1 acre gross. The subject site is currently vacant and is zoned M-SC. Surrounding properties consist of vacant lots, a Industrial park, proposed Industr ial $ubd iv is ion, approved industrial $ubd iv is ions and the Murr ieta Creek Bed; and are zoned M-SC, and R-A-20, and R-R. 4. The Comprehensive General Plan calls for Category II land use. INDUSTRIAL PARCEL MAP NO. 21383 A~d. ~3 Staff Report Page 3 5. The site is subject to 1 iquefact ion, and erosion. CONCLUSZONS: :~. The proposed project is consistent with the Comprehensive General Plan. 2. The proposed project is compatible with existing and proposed surrounding 1 and use. 3. The proposed project is in conformance with Ordinance No. 348 and 460. 4. All environmental concerns can be adequately mitigated. RELATIONS ADOPTIt~ of a Negative Declaration for Environmental Assessment No. 30363, based on the conclusion that the proposed project will not have a significant effect on the environment; and, APPROVAL of Tentative Parcel Map 21383, Amended No. 3 subject to the concitions of approval, and based on the findings and conclusions incorporatec~ in the staff report. DM: bc 12/22/86 COUNTY OF RIVERSIDE SUBDIVISION CONDITIONS OF APPROVAL INDUSTRIAL PARCEl. PtAP NO. 21383 AMD. ~3 Date: MAR~ 24, 1987 [xptres: ~ 24, 1989 STANDARD CONDITIONS The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Riverside County Ordinance 460, Schedule E, unless modified by the conditions listed below. This conditionally approved tentative map will expire t~o year's after the Board of Supervisors approved date, unless extended as provided by Ordinance 460. ® The final map shall be prepared by a licensed land surveyor subject to all the requirements of the State of California Subdivision Map Ace and Riverside County Ordinance 460. ® The subdivider shall submit one copy of a soils report to the Surveyor's Office and tm copies to the Department of Building and Safety. The report shall address the soils stability and geological conditions of the site. If any grading is proposed, the subdivider shall submit one print of comprehensive grading plan to the Department of Building and Safety. The plan shall comply with the Uniform Building Code, Chapter 70, as amended by Ordinance 457 and as maybe additionally provided for in these conditions of approval. e A grading permit shall be obtained from the Department of Building and Safety prior to commencement of any grading outside of county maintained road right of way. If grading is proposed on slopes of 10% or greater, and environmental assessment approval will be required from the Planning Department prior to an acceptance of the plans by the Building Department. One mylar copy of the approved grading plan shall be submitted to the Department of Building and Safety for transmittal to the Road Department. 7. Any delinquent property taxes shall be paid prior to recordation of the final map. Be The subdivider shall comply with the street improvement recon~nendations outlined in the Riverside County Road Department's letter dated 3-24-87 a copy of which is attached. 9. Legal access as required by Ordinance 460 shall be provided from the tract map boundary to a County maintained road. lilieSTRIAL PARCEl. IMP NO. Conditions of Approval Page 2 21383 J~d. ~3 10. All road easements shall be offered for dedication to the public and shall conttnue tn force until .the governing body accepts of abandons such offers. All dedications shall be free from all encumbrances as approved by the Road Commissioner. Street names shall be subject to approval of the Road Con~ntsstoner. 11. Easements, when requtred for roadway slopes, drainage factlites, utilities, etc., shall be sho~n on the ftnal map tf they are located within the land dtvislon boundary. All offers of dedication and conveyances shall be submitted and recorded as dtrected by the County Surveyor. 12. Water and sewerage disposal facilities shall be installed in accordance with provisions set forth in the Riverside County Health Department's letter dated 5-15-86 & 1-21-86, a copy of which is attahced. 13. The subdivider shall comply with the flood control recommendations outlined by the Riverisde County Control District's letter dated 5-21-86, a copy of which is attached. If the land division lies within an adopted flood control drainage area pursuant to Section 10.25 of Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the Road Comissioner. 14. The subdivider shall comply with the fire improvements recommendations outlined in the County Fire ~rshal's letter dated 5-15-86, a copy of which is attached. 15. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. 16. Lots created by this subdivision shall comply with the following: a. All lot length to width ratios shall be in conformance with Section 3.8C of Ordinance 460. b. Lots created by this subdivision shall be in conformance with the development standards of the M-SC zone. c. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. 17. Prior to RECORDATION of the final map the following conditions shall be satisfied. IIIIUSl'RIAL PARCEL NAP NO. 21383 AmJ. ~3 Conditions of Approval Page 3 eT d~ Prior to recordation of the final map the applicant shall submit written clearances to the Riverside County Road and Survey Department that all pertinent requirements outltned in the attached approval letters from the following agencies have been met. County Fire Department County Flood Control County Health Department County Planning Department The land-divider shall be responsible for maintenance and upkeep of all slopes, until such time as those operations are the responsibilities of other parties as approved by the Planning Oirector wP4Sten s~aSemenS feem RanGhe WaSeP have ~eR ~, a 6e~ e~ wk4eh (s a~aeked, Deleted ~r Planning Co~ission January 21, 1987. Peeea~e~dat4ens daSed 9-4-85 ~ve ~ mt~ a eepy e~ ~4ek 4s a~meked, Oeleted ~r Planning C~ission January 21, 1987. e. Street lights shall be provided within the subdivision in accordance with the standards of Ordinance 461 and the following: Concurrently with the filing of subdivision improvement plants with the Road Department, the developer shall secure approval of the proposed street light layout first from the Road Department's traffic engineer and then from the appropriate utility purveyor. Following approval of the street lighting layout by the Road Department's traffic engineer, the developer shall also file an application with LAFCO for the formation of a street lighting district, or annexation to a existing lighting district, unless the site is within an existing lighting district. e Prior to recordation of the final map, the developer shall secure conditional approval of the street lighting application from LAFCO, unless the site is within an existing lighting district. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the County Surveyor. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Oeparment and the Department of Building and Safety. INf)U~il/IAL PARCEL IqAP I10. 21383 Co~dtttoas of Approval Page 4 18. Ce de The following note shall be placed on the Environmental Constraints Sheet: 'A Geologlc Report was prepared for thts property by Leighton and Associates on ~lune 23, 1986, and ts on f11e at the Riverside County Planning Department. Spectftc 1terns of concern tn the report are as fol lows: Ltquefactton." The following note shall be placed on the Environmental Constraint Sheet: 'County Archaeological Report No. 1125 was prepared for this property and is on file at the Riverside County Planning Department. Prior to the issuance of &lJil)lllG PERMITS the following conditions shall be satisfied: If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: 1. Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. 3. Preliminary pad and roadway elevations. 4. Areas of temporary grading outside of a particular phase. Driveways shall be designed so as not to exceed a fifteen (15) percent grade. Grading plans shall conform to Board adopted Hillside Development Standards: All cut and/or fill slopes, or individual combination there of, which exceed ten feet in vertical height shall be modified by an appropriate combination of a special terracing (benching) plan, increase slope ratio (i.e., 3:1) retaining walls, and/or slope planting combined with irrigation. All driveways shall not exceed a fifteen percent grade. All cut slopes located adjacent to undergraded natural terrain and exceeding ten (10) feet in vertical height shall be contour-graded incorporating the following grading techniques: 1. The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. INDUSTRIAL PARCEL MAP NO. Conditions of Approval Page 5 21383, Amd. #3 2. Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. The toes and tops of slopes shall be rounded with curves with radii designed in proporotion to the total height of the slopes where drainage and stability permit such rounding. 19. Prior to the issuance of OCCUPANCY PERMITS the follc~ing conditions shall be satisfied. a. Street trees shall be planted throughout the subdivision in accordance with the standards of OrdLnance 460. DM:bc 12/23/86 20. Prior to the issuance of a grading permits, the applicant shall cc~ply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. (Added per Planning Ccmnission on 3-29-90). /bc 3/12/90 R I V ER$11 )F. ~, ;~, ) LJN'I'Y FI RE DEI'ARTM F,N'!* IN COOPERA]ION WI IH lite CALIFORNIA DEPARTMEN/OF FORES]RY RAY !!EBRARD FIRE CIIIEF 05-15-86 ! I0 ~VI'~S ! SAN 1A(.'IN I 0 A VI.'.NUF, I'F. IH!I,~, (..'AI.IF()RNIA 92 ]70 TEI.EPI lONE: (714) 657..1 ! To: PLANNING DEPARTHENT Attn: Team II Re: PM 21383 - Amendment#3 With respect to the conditions of approval for the above referenced land division, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: COMMERCIAL FIRE PROTECTION The water mains shall be capable of providing a potential fire flow of 6000 GPH and an actual fire flow available from any one hydrant shall be 2000 GPM for 2 hours duration at 20 PSI residual operating pressure. Approved super fire hydrants, (6"x4"x2~"x2~") shall be located at each street intersection and spaced not more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from a fire hydrant. Applicant/developer shall furnish one (1) copy of the water system plans to the Fire Department for review. Plans shall conform to fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." All questions regarding the meaning of the conditions shall be referred to the Fire Department Planning and Engineering section. MICHAEL E. GRAY Planning Officer cdt Planning Department PARCEL MAP NO. 21383 -2- January 21, 1986 This Department has a statement from the Rancho California Water District agreeing to allow the sewage system to be connected to the sewers of the district. The sewer system shall be instailed according to plans and specifications as approved by the district, the County Surveyor and the Health Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawing, to the County Surveyor. The prints shall show the internal pipe diameter, location of manholes, complete profiles, pipe and joint specifications, and the size of the sewers at the junction of the new system to the existing system. A single plat indicating location of sewer lines and water lines shall be a portion of the sewage plans and profiles. The plans shall be signed by a registered engineer and the sewer district with the following certification: "I certify that the design of the sewer system in Parcel Map No. 21383 is in accordance with the sewer system expansion plans of the Rancho California Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed tract." The plans must be submitted to the County Surveyor's Office to review at least two weeks prior to the request for the recordation of the final map. It will be necessary for the financial arrangements to be made prior to the recordation of the final map. It will be necessary. for the annexation proceedings to be completely finalized prior to the recordation of the final map. Sincerely, H. Ralph Luchs, R.S. Administrative Supervisor HRL:cg UN?Y' OF I:tlVERSIOE- DEPARTMENT OF &575 Iltl~ $TI~EET MALL (I~OST OIrF'ICE BOX 1370)' RIVEIq$1DE, CA. ~2502 HEALTH January 21, 1986 Riverside County Planning Department 4080 Lemon St. Riverside, Cl 92501 Team 2 JAN ? 1986 RIVERb~uF._ UUuNTY PLANNING DEPARTME~,;T RE: PARCEL MAP NO. 21383; Parcel 4, ~.I 4646, PM 6/75, Riverside County Records. (132 Parcels) Gentlemen: The Department of Public Health has reviewed Tentative Map No. 21383 and recommends that: A water system shall be installed according to plans and soecifications as approved by the water company and the Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate, with a minimum scale not less than one inch equals 200 feet, along with the original drawing, to the Count>' Surveyor. The prints shall shm~ the internal pipe diameter, location of valves and fire hydrants; pipe and joint specifications, and the size of the main at the junction of the new system to the existing system. The plans shall comply in all respects with Div. 5, Part 1, Chapter 7 of the California Health and Safety Code, California Administrative, Title 22, Chaoter 16, and General Order No. of the Public Utilities Commission of the State of California, when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "I certify that the design of the water system in Parcel Map No. 21383 is in accordance with the water system expansion plans of the Rancho California Water District and that the water service, storage and distribution system will be adequate to provide water service to such tract. This certification does not constitute a guarantee that it will supply water to such tract at an}' specific auantities, flows or pressures for fire protection or any other purpose." This certification shall be signed by a responsible official of the water cornnan>'. The olans must be submitted to the County Surveyor's Office to review at ]east two weeks prior to the request for the recordation of the final map. This Department has a statement from the Rancho California Water District agreeing to serve domestic water to each and every parcel on demand providing satisfactory financial arrangements are completed with the subdivider. It will be necessam' for the financial arrangements to be made prior to the recordation of the final mao. tlIGI y to: \ Y "y,.,.Xk,~dlI~ coy, rr .. ~ \ %'x ~/;.~ ..... ~¥'~."r~ LeRoy O. Smoot OFFICE OF ROAD COM?~I$$10NER ~ COL',~TY SURVEYOR March 24, 1987 Riverside County Planning Commission 4080 Lemon Street Riverside, CA 92501 Ladies and Gentlemen: Re: Parcel Map 21383 - Amend #3 Schedule £ - Team 2 As Amended at Planninq Commission 1-21-87 'As Amended at Board 3-24-R7 With respect to the conditions of approval for the referenced tentative land division map, the Road Department recommends that the landdivider provioe the following street improvements and/or road dedications in accorOance with Ordinance 460 and Riverside County Road Improvement Standards (OrOinance 461}. It is understood that the tentative map correctly shows all existing easements, traveled ways, and drainage courses with appropriate Q's, and that their omission may require the map to be resubmitted for ~rther consideration. These Ordinances and the following conditions are essenti~' parts and a requirement occurring in O~iE is as binding as though occurring '~ all. They are intenCeo ~o be complementary and to describe the conditions for ~ ccmplete design of the improvement. All questions regarding the true mea.'ing of the conditions shall be referred to the Roao Commissioner's Office. The landdivider shall protect downstream pro~erties frtm carafes caused by alteration of the drainage patterns, i.e., concenCra- tion of diversion of flow. Protecsion shall ~e ~r~vi:eo cy c~nstructing adeduate drainage facilities incl~cing enlar~in~ e~isting facilities or by securing a drainage easement ~r both. ~ll drainage easements snall be shown on tne final and noted as follows: "Drainage Easement - no building, obstructions, or encroachments by land fills are allowed" The protection shall be as approved by the Road ~epartment. The landdivider shall accept and properly Oispose of all offsite drainage flowing onto or through the site. In tne event the Road Commissioner permits the use of streets for orainage purposes, the provisions of Article XI of Ordinance ~;o. 460 will apply. Should the quantities exceed the street capacity or the use of streets be prohibited for orainage purposes, the subdivider shall provide adequate ~raina~e facilities as approved by the Road Department. Parcel Map 21383 - Amend #3 --- Schedule E - Team 2 ~we~V~e~-l~r-~ January 21, 1987 Page 2 . . As Amended At Planning Commission '1-21-87 As Amended at Board 3-24-87 *4. **7. 11. Major drainage is involved on this landdivision and its resolution shall be as approved by the Road Department. Diaz Road & Winchester Road shall be improved within the dedicated right of way in accordance with County Standard No. 101, ~i6E)~ 76'/100'). "A" Street shall be improved within the dedicated right of way in accordance with County Standard No. 102, (32'/44'). Streets "B", "C", "E", "F" and "G" shall be improved within the dedicated right of way in accordance with County Standard I(o. 111, Section A. {56'/78'). Concrete sidewalks shall be constructed throughout the landdivision in accordance with County Standard No. 400 and 401 (curb sidewalk) or as approved by the Road Commissioner. Primary and secondary access roads to the nearest paved road maintained by the County shall be constructed within the puDlic right of way in accordance with County Standard No. 106, Section B, (32'/60') at a grade and alignment a~ approved by the ~oad Commissioner. This is necessary for c'~:ulation purposes. Prior to the recordation of the final -~o, the developer small deposit with the Riverside County Road ]epartment, a cash sum of S1,7~0.00 per gross acre as mitigation for traffic signal impacts. Should the developer choose to defer the time of payment, ne ~ay enter into a written agreement ~.~itn the ~cunty deferring sai~ ~ay~ent to ~ne time of issuance of a builcing 2er~it. :-cravemerit plans shall be base~ upon a centerline ~rofile e~tenoing a minimum of 300 feet beyond the project ceuncaries at a ~rade and alignment as approved by the Riversice Coun:y Commissioner. Completion of road improvements ooes not i~ply acceptance for maintenance by County. Electrical and communications trenches snall be provi:eo in accordance with Ordinance 461, Standard 817. *Deleted at Planning Commission 1-21-87 **As Amended at Board 3-24-A7 Parcel Hap 21383 - Amend #3 Schedule E - Team 2 Ne~ember-~9~-~986 ~-E.*l-~-l..9~Harch 24, 1987 Page 3 As Amended At Planning Commission 1-21-87 As A~ended At Board ~-24-87 12. 13. 14. 15. 16. 17. !8. 21. Asphaltic emulsion (fog seal) shall be applied not less than fourteen days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Sections 37, 39 and 94 of the State Standard Specifications. Standard cul-de-sacs and knuckles and offset cul-de-sacs shall be constructed throughout the landdivision. Corner cutbacks in conformance with County Standard No. 805 shall be shown on the final map and offered for dedication. Lot access shall be restricted on Dia~ Road and so noted on final map with the exception of one 40' opening between parcels 21 and 22 and one 40' opening between parcels 23 and 24. Landdivisions creating cut or fill slopes adjacent to the streets shall provide erosion control, sight distance and slope easements as approved by the Road Department. The landdivider shall provide utility -'earanco from Rancno Calif. Water District prior to the recordatic~ of the final map. The minimum centerline radii shall be ~]0' or as approved Oy the Road Department. Street trees shall be planted in confor-anco .itn t~e ~rtvisions of Zrticle 12a of Ordinance a60.53 and cneir iacationlsl s~ai' ce s~own on street improvement plans. :il ~riveways shall conform to the appticaole Aivers~-e ]J.~nty Standards and shall be shown on the street inproverent ~lans. All centerline intersections shall be at 900 ,vitn a .~inimum ~0 feet of tangent beyond the flow line as a~proveO by the 2oa~ Commissioner. Parcel Map 21383 - Amend #3 Schedule E - Team 2 ~vember-~9;-)986 Je~ue~l-r-~ March 24, 1987 Page 4 As Amended A~ Planntng Co~ssion Z-~-87 A~ ~ended a~ Board 3-24-87 22. The street design and improvement concept of this project shall be coordinated with PM 19582, PM 21029, PM 21382, MB 122/42-43. 23. Prior to the recordation of the final map, the significant issues involving fee contributions for the Winchester Road Bridge crossing the ~rrieta Creek along with signal locations at the intersection of Rancho California Road and Front Street shall be resolved. 24. Lot access shall be restricted on Winchester Road and Street "A" for a distance of 200' measured from the centerline of Diaz Roacl and so noted on the final map. GH:lh Very truly yours, Gus Hughes Road Division Engineer KENNETH L. E:DWARD~ RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RIVI~RIID[, CALIFORNIA lIB02 May 21, 1986 1108 MARKE'T 0TREET F.O. lOX I0S3 TEJ-EPHONE (714) 707-2015 Riverside County Planning Department County Administrative Center Riverside, California Attention: Regional Team No. 2 Ladies and Gentlemen: Re: Parcel Map 21383 (Amended Map No. 3) The District's report on tentative Parcel Map 21383 dated March 20, 1986 is still current for the above land division. Very truly yours, KEN~TH L. EDWARDS Chiefr~n~ine~ I . OHN H. ~ASHUBA ~enior Civil Engineer CC' Road Dept. Dept. of Building & Safety Attn: Eric Traboulay MC:pml KENNETH L.. EDWARDS 199B MARKLIT $'TREE:T II'. O. BOX 1033 Tlrl [I~HONE (714) 787-2015 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RIvIrR810E, CALIFORNIA 82502 March 20, 1986 Riverside County Planning Department County Administrative Center Riverside, California 1986 RIV~' ~,,.,[' ,.,.,u,, TY PLANNING DEPARTMENT Attention: Regional Team No. 2 Ladies and Gentlemen: Re: Parcel Map 21383 (Amended Map No. 2) Parcel Map 21383 is a proposal to subdivide approximately 164 acres in the Temecula area. The property is located southwest of Diaz Road, westerly of Rancho California Airport. The northeasterly portion of this property is located within the Murrieta Creek 100 year flood plain. Finished floors of all buildings must be elevated above expected flooding levels. The property is subject to offsite storm flows albng its southwest boundary. These flows should be collected and conveyed to an adequate outlet. The District is concerned about development occurring in the Murrieta Creek watershed. The cumulative effect of development will cause increased storm runoff and, without adequate drainage facilities in the area, will have a significant adverse impact on downstream properties. A practical and equitable mitigating measure for such an impact is the adoption and implementation of an Area Drainage Plan. Adoption of the Murrieta Area Drainage Plan, however, is not expected until the Spring of 1986. Rather than await formal adoption of the Murrieta Area Drainage Plan, the developer has requested that a condition of approval be added requiring a drainage mitigation payment prior to construction. Following are the District's recommendations: In accordance with the written request of the applicant to the County of Riverside, dated January 31, 1986, the final map shall not be recorded until the applicant, his successors or assigns, has executed a Special Drainage Facilities Agreement with the County. Grading and building permits shall not be issued for Parcel Map 21383 or any unit thereof until the developer has provided evidence of compliance with the terms of the Agreement. Riverside County Planning Department Re: Parcel Map 21383 (Amended Map No. 2) -2- March 20, 1986 e 10. The property should be graded so that all building sites will be free from flooding from Murrieta Creek during a 100 year storm. Temporary erosion control measures should be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facili- ties. Development of this property should be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or off- site construction and grading. Drainage facilities located outside of road right of way should be contained within drainage easements shown on the final map. A note should be added to the final map stating, "Drainage easements shall be kept free of build- ings and obstructions." All lots should be graded to drain to the adjacent street or an adequate outlet. The 10 year storm flow should be contained within the curb and the 100 year storm flow should be contained within the street right of way. When either of these criteria are exceeded, additional drainage facilities should be installed. Drainage facilities outletting sump conditions should be designed to convey the tributary 100 year storm flows. Additional emergency escape should also be provided. The property's street and lot grading should be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area and outlet points. A drainage easement should be obtained from the affected property owners for the release of concentrated or di- verted storm flows onto the adjacent property. A copy of the recorded drainage easement should be submitted to the District for review prior to the recordation of the final map. Riverside County Planning Department Re: Parcel Map 21383 (Amended Map No. 2) -3- March 20, 1986 11. A copy of the improvement plans, grading plans and final map along with supporting hydrologic and hydraulic cal- culations should be submitted to the District for review prior to recordation of the final map. Very truly yours, KENNETH L. EDWARDS Chief Engineer DAVID T. SHELDON Chief of Planning Division CC: Road Dept. Dept. of Building & Safety Attn: Eric Traboulay Neste, Brudin and Stone MC:pml CITY OF TEMECULA STAFF REPORT AB# MTG A- DEPT-~.~- \ TITLE: PLOT PLAN NO. 10863 REVISED NO. i DEPT HD.'~:~ CITY ATTY CITY 'MGR ~ RECOMMENDATION Staff recommends that the City Council APPROVE Plot Plan No 10863 Revised No. 1 based on the findings and subject to the conditions of approval contained in the attached County Staff Report. PROJECT INFORMATION Owner: Applicant: Proposal: Location: Zoning: Surrounding Zoning: Surrounding Land Uses: M & J Ramsay Corporation John Tworoger and Roger K. Swift DBA Tony Roma's To add 602 square feet to Tony Roma's Restaurant, Phase III of the Winchester Plaza Business Park. The restaurant will have a floor area of 6,122 square feet and 185 seats. The northeasterly side of Jefferson Avenue approximately 400 feet southeast of the centerline of Winchester Road. C-P-S, Scenic Highway Commercial North: South: East: West: C-P-S, Scenic Highway Commercial C-P-S, Scenic Highway Commercial 1-15 C-1/CP, General Commercial North: South: East: West: Commercial Commercial 1-15 Commercial and Vacant Environmental Concerns: Liquefaction potential BACKGROUND Date of original submitted to County of Riverside: January 29, 1990. Date of tentative approval by Riverside County Planning Director: March 26, 1990. Date of transmittal to City of Temecula: May 3, 1990. PLOT PLAN NO. 10863 REVISED NO. I DISCUSSION The project is consistent with the Southwest Area Community Plan, meets the requirements of Ordinance 348, and is compatible with adjacent commercial land uses. Condition of Approval No. 13 requires compliance with recommended mitigation measures addressing liquefaction potential. FISCAL IMPACT The processing of the application was completed by the County. No development application fees are available to reimburse the City. FEES TO BE COLLECTED 1. County Ordinance No. 663 - Stephens Kangaroo Rat fee. Riverside County Fire Department Plan Check fee of $413.00, and Fire Impact Mitigation fee of $.25 per square foot. 3. Riverside County Flood Mitigation fee of $4,269.00. Winchester Sti'o .Ctr. AUTO CEN 79 4brals, am Count~' Admin. Ctr. brary \ /NIT)/ MAP t I 1 ~i Ii1 - . t i ' I, F · pT.~tqlqTlq~ DTI~'.t'~R~ .q ~le-~StTlq~ CAS~ .qU'l~a,R¥ DATE: 3-26-90 CASE NO. PLOT PLI%N NO. 10863 REVISED NO. 1 E.A. 34769 PROJECT DESCRIPTION AND LOCATION: To add 602 square feet to Tony Roma' s restaurant (bldg b) . AREA: Temecula SPHERE OF INFLUENCE: N/A GENERAL PLAN: Southwest Area Community Plan a. LAND USE: Category II b. OPEN SPACE/CONS.: Areas Not Designated c. COMMUNITY POLICIES: Southwest Area Community Plan ZONING: a. SITE: C-P-S b. ADJACENT: C-P-S LAND USE/AREA DEVELOPMENT: a. SITE: Vacant land b. ADJACENT: Vacant land and commercial uses. MAJOR ISSUES: Liquefaction RECOMMENDATION: ADOPTION of a Negative Declaration for E.A. 34769 and APPROVAL of PLOT PLAN NO. 10863 REVISED NO. 1, based on the following findings and conclusions: 1. The project is consistent with the C~neral Pl&n. 2. The project meets the requirements of Ordinance 348. 3. The project is compatible with area development. 4. The project has no significant environmental effects and a Negative Declaration may be adopted. Jo~n Tworoger 4355 Ruffin Rd. San Diego, CA 92123 CONDITIONS OF A~PROVAL PLOZ Pl~ ~O. 10e$3, i~v. No 1 Project Description: To add 602 square feet to Tony Roma's restaurant,(building b). ~ssessor's Parcel No.: 910-130-015, 18,19 District/~ea: Temecula The use hereby permitted by this plot plan is to add 602 square feet to Tony Roma's restaurant (bldg b). The permittee shall defend, indemnify, and hold harmless the County of Riverside, its agents, officers, and employees from any claims, action, or proceeding against the County of Riverside or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the County of Riverside, its advisory agencies, appeal boards, or legislative body concerning Plot Plan No. 10863 Revised No. 1. The County of Riverside will promptly notify the permittee of any such claim, action, or proceeding against the County of Riverside and will cooperate fully in the defense. If the County fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the County of Riverside· This approval shall be used within two (2) years of approval date; otherwise it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. The development of the premises shall conform substantially with that as shown on plot plan marked Exhibit A, Revised No. 1, or as amended by these conditions. In the event the use hereby permitted ceases operation for a period of one (1) year or more, this approval shall become null and void· 6. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public =ights-of-way.-" ' The applicant shall comply with the street improvement recommendations outlined in the County Road Department's transmittal dated 2-22-90, a copy of which is attached. PLOT PLAN NO. 10863~ R~v. No. 1 ConcLi. ttons o~ Approv&l Page 2 Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department's transmittal dated 2-16-90, a copy of which is attached. ® Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated 2-21-90, a copy of which is attached. 10. Fire protection shall be provided in accordance with the appropriate section of Ordinance No. 546 and the County Fire Warden's transmittal dated 2-21-90, a copy of which is attached. 11. The applicant shall comply with the recommendations set forth in the Department of Building and Safety - Land Use Section's transmittal dated 2-28-90, a copy of which is attached. 12. The applicant shall comply with the recommendations set forth in the Department of Building and Safety - Grading Section's transmittal dated 2-26-90, a copy of which is attached. 13. The applicant shall comply with the recommendations set forth in the Riverside County Geologist's transmittal dated 4-14-89, a copy of which .is attached. 14. All landscaped areas shall be planted in accordance with approved Landscape, Irrigation and Shading plans prior to the issuance of occupancy permits. An automatic sprinkler system shall be installed and all landscaped areas shall be maintained in a viable growth condition. Planting within ten (10) feet of an entry or exit driveway sha11 not be permitted to grow higher than thirty (30) inches. Prior to the issuance of building permits, six (6) copies of a Parking, Landscaping, Irrigation, and.Shading Plan shall be submitted to the Planning Department for approval. The location, number, genus, species, and container size of the plants shall be shown. Plans shall meet all requirements of Ordinance No. 348, Section 18.12, and shall be accompanied by a filing fee &s set forth in Section 18.37 of Ordinance No. 348. 16. The irrigation plan shall be in accordance with Ordinance No. 348, section 18.12 and include a rein shut-off device. In addition, the plan will incorporate the use of in-line check valve~, or sprinkler heads with check valves incorporated to prohibit low head drainage. PLOT PLAN NO. 10863, Rev. No. 1 Conditions of Approval Page 3 17. 18. 19. 20. 21. A minimum of 259 parking spaces shall be required in accordance with Section 18.12, Riverside County Ordinance No. 348. 259 parking spaces shall be provided as shown on the Approved Exhibit A, Revised No. 1. The parking area shall be surfaced with aspbaltic concrete paving to a minimum depth of 3 inches on 4 inches of Class II base. A minimum of six (6) handicapped parking spaces shall be provided as shown on Exhibit A, Revised No. 1. Eauh parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed or by telephoning ." In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the symbol of accessibility in blue paint of at least 3 square feet in size. Prior to the issuance of building permits, the applicant shall obtain clearance and/or permits from the following agencies: Road Department Riverside County Flood Control Environmental Health Fire Department Building & Safety - Grading Written evidence of compliance shall be presented to the Land Use Division of the Department of Building and Safety. If signage is proposed, a seperate plot plan accompanied by the appropriate fees as set forth in Ordinance No. 348 shall be submitted and approved by the Planning Department prior to sign installation. Building floor plans for bldg b shall be in substantial conformance with Exhibit C. PLOT PId~ NO. 10863, Roy. No. 1 Conditions o£Appmoval Page 4 22. Materials used in the construction of all buildings shall be in substantial conformance with that shown on Exhibit M-! (Materials Board) and Exhibit M-2 (Color Elevations). These are as follows: Roof Brick Walls & Columns Siding Wood Trusses & Trim Door & Window Trim Awnings U.S. Tile -Flat Clay Tile. Davidson Brick Co. Thin Veneer-Brick Stucco-La Habra Products Wood Aluminum Canvass ~010~ aCamino Blend" "Old Hickory" %X-86-Sandstone Glidden %3931 "Tavern Green" "Dark Bronze" "Glen Raven Sunbrella %4606" "Dubonnet Tweed %4605" "Hemlock Tweed %4633" 23. Roof-mounted equipment shall be shielded from ground view. Screening material shall be subject to Planning Department approval. Prior to occupancy permits, the applicant shall provide the Planning Dep~rtment approved and recorded CC&R'S to ensure the common driveway along the north-westerly property line and reciprocal parking agreements. 25. A total of Four trash enclosures which are adequate to enclose a tota~ of four bins shall be evenly distributed throughout the project, and shall be constructed prior to the issuance of occupancy permits. Eac~ enclosure shall be six feet in height and shall be made with masonry block and a gate which screens the bins from external view. 26. Landscape screening shall be designed to be opaque up to a minimum height of six (6) feet at maturity. 27. Landscaping plans shall incorporate the use of specimen canopy trees along streets and within the parking areas. 28. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No. 655 and the Riverside County Comprehensive General Plan. PLOT PI,tN NO. 10863, Rev. No. 1 Conditions o£~proval Page 5 29. Prior to the issuance of grading permits, the applicant shall comply with the provisions of Ordinance No. 663 by paying the fee required by that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required under the Habitat Conservation Plan as implemented by County ordinance or resolution. 30. A total of 15 Class II bicycle racks shall be provided in convenient locations to facilitate bicycle access to the project area. 31. Prior to issuance of building permits, performance securities, in amounts to be determined by the Director of Building and Safety to guarantee the installation of plantings, walls and fences in accordance with the approved plan, and adequate maintenance of the planting for one year shall be filed with the Department of Building and Safety. 32. Prior to the issuance of occupancy permits, all required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Director of Building and Safety. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and in good working order. 33. All utilities, except electrical lines rated 33kV or greater, shall be installed underground. 34. Prior to the sale of any structure as shown on Revised Exhibit A, a land divison shall be recorded in accordance with Riverside County Ordinance No. 460 and any other pertinent ordinance. 35. Prior to any use allowed by this plot plan, the applicant shall obtain clearance from the Department of Building and Safety - Land Use Section that the uses found on the subject property are in conformance with Ordinance No. 348. 36. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. GG:jsa 03-23-90 FROM: RE: County of Riverside DEPARTMENT OF HEALTH DATE: RIVERSIDE C0UNT, Y PLANNING DEPT. A Gloria Guzman PLOT PLAN 10863 - Revised No. 1 02-16-90 The Environmental Health Services has reviewed Plot Plan 10863 - Revised No. 1 and has no objections. Sanitary sewer and water services are available in thls area. Prior to buildina plan submittal. the following items will be submitted: "Will-serve" letters from the water and sewerinq agencies. Three complete sets of plans for each food establishment will be submitted, includinq a fixture schedule, a finish schedule, and a plumbinq schedule in order to ensure comDliance with the California Uniform Retail Food Facilities Law. SM:tac FEB 2 1 199u RIVERSIDE COUNTY PLANNING DEPARTMENT DOH,*GA.0(}2 (Rev. 11/~1) OFFICE OF ROAD COMMISSIONER & COUNTY SURVEYOR February 22, 1990 LeRoy D. Smool ROAD COfqMISSIONER & COUNT~ SURVEYOR Riverside County Planning Commission 4080 Lemon Street Riverside, CA 92501 P.O. BOX 1090 Ladies and Gentlemen: (Retail Shopping Center) Plot Plan 10863 - Revised #1 Team 5 - SMD #9 AP #111-111-111-9 With respect to the conditions of approval for the referenced exhibit, the Road Department recomends that the applicant provide the following street improvements, street improvement plans and/or road dedications in accordance with Ordinance 460 and Riverside County Road Improvement Standards (Ordinance 461). It is understood that the exhibit correctly shows all existing easements, traveled ways, and drainage courses with appropriate Q's, and that their omission or unacceptability may require the map to be resubmitted for further. consideration. These Ordinances and the following conditions are essential parts and a requirement occurring in ONE is as.binding as though occurring in all. They are intended to be complementary and to. describe the conditions for a complete design of the improvement. All questions regarding the true meaning of the conditions shall be referred to the Road Commissioner's Office. Prior to issuance of a building permit or any use allowed by this permit, the applicant shall complete the following conditions at no cost to any goverru~ent agency~ No additional right of way shall be required on Jefferson Avenue since adequate right of way exists. 2. Traffic signal mitigation has been met on this project. It was paid on 1-17-90 in the sum of $14,150.00 e Prior to issuance of a building permit. or any use allowed by this permit, and prior to doing any work within the State highway right of way, clearance and/or an encroachment permit must be obtained by the applicant from the District 08 Office of the State Department' of Transportation in San Bernardino. Prior to occupancy or any use allowed by this permit, the applicant shall construct the following at no cost to any government agency: COUNTY ADMINISTRATIVE CENTER · 4080 LEMON ~" ~IDF., CALIFORNIA 9250! Plot- Plan 10863 - Revi sed #1 February 22, 1990 Page 2 10. 11. 12. 13. Six foot wide concrete sidewalks shall be constructed along Jefferson Avenue in accordance with County Standard No. 400 and 401 (curb sidewalk). No additional road improvements will be. required at this time. Drainage control shall be as per Ordinance 460, Section 11.1. All work done within County right of way shall have an encroachment permit. . All driveways shall conform to the applicable Riverside County Standards. All entrance driveways shall be channelized with concrete curb and gutter to prevent "back-on" parking and interior drives from entering/exiting driveways for a minimum -distance of 50 feet measured from face of curb. The street design and improvement concept of this project shall be coordinated with PM 20668 and P/P 876-R. Any landscaping within public road rights of way shall comply with Road Department standards and require approval by the Road Commissioner and assurance of continuing maintenance through the establishment of a landscape maintenance district/maintenance agreement or similar mechanism as approved by the Road Commissioner. Landscape plans shall be submitted on standard County Plan sheet format (24" x 36 "). ' Landscape plans shall be submitted with the street improvement plans and shall depict only such landscaping, irrigation and related facilities as are to be placed within the public road rights-of-way. The applicant shall close the existing driveways, except the two shown on the exhibit, by constructing full height curb and gutter and sidewalk as approved by the Road Commissioner. The applicant shall comply with the Caltrans recommend- ations as outlined in their letter dated Nov. 16, 1988. SL~acerely' ~. Road Division Engineer LAT.' Jw KENNETH I- EDWARDS 1995 MARKET STREET P.O. BOX 1033 TEI.~PHONE (714) 787-2015 FAX NO, (714) 788-99~5 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RIVERSIDE. CALIFORNIA 92502 Riverside County Planning Department County Administrative Center Riverside, California Attention: Regional Team No. Planner Area: Re: F/fiT /').AIq I~X3 E'EV I.$£I> N~. _1 We have reviewed this case and have the following comments: Except for nuisance nature local runoff which may traverse portions of the property the project is considered free from ordinary storm flood hazard. However, a storm of unusual magnitude could cause some damage. New construc- tion should comply with all applicable ordinances. The topography of the area consists of well defined ridges and natural water- courses which traverse the property. There is adequate area outside of the natural watercourses for building sites. The natural watercourses should be kept free of buildings and obstructions in order to maintain the natural drainage patterns of the area and to prevent flood damage to new buildings. A note should be placed on an environmental constraint sheet stating, "All new buildings shall be floodproofed by elevating the finished floors a minimum of 18 inchAs above adjacent ground surface. Erosion protection shall be provided for mobile home supports." This project is in the drainage plan fees shall be paid in accordance with the applicable r~lesArea and regulations. The proposed zoning is consistent with existing flood hazards. Some flood .control facilities or flbodproofing may be required to fully develop to the implied density. The District's report dated 'UdV. ?~ IQ~ is still current for this project. The District does not object to the proposed minor change· This project is a part of . The project will be free of ordinary storm flood hazard when improvements have been constructed in accordance with approved plans. The attached comments apply. · KASHUBA . Civil Engineer ,~. ,~/ / · 'NNrrH L.. ~'DWARDS /_GHIEF [N~I NF. BR RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RI¥1RIll)i, ~..AI.IFORNIA ~J~O,t Riverside County Planning Department County Administrative Center Riverside, California t,I, M&RKL~T ITRl:lrr P.O. BOX 10,:~ T~i.~JmH ONi (714) Attention: Regtonal Team No. I Re: Area: IoBro~ #e have revtewed thts case and have the following comments: Except for nuisance nature local runoff which may traverse portions of the property the project is considered free from ordinary storm flood hazard. However, a storm of unusual magnitude could cause some damage. New construc- tion should comply with all applicable ordinances. The topography of the area consists of well defined ridges and natural water- courses which traverse the property. There is adequate area outside of the natural watercourses for building sites. The natural watercourses should be kept free of buildings and obstructions in order to maintain the natural drainage patterns of the area and to prevent flood damage to new buildings. A note should be placed on an environmental constraint sheet stating, 'All new buildings shall be floodproofed by elevating the finished floors a minimum of 18 inches above adjacent ground surface. Erosion protection shall be provided for mobile home supports." This project is in the drainage plan fees shall be paid in accordance with the applicable r~lesArea and regulations. The proposed zoning t~'conststent with existing flood hazards. Some flood control facilities or floodproofing may be required to fully develop to the implied density. The Dtstrtct's report dated is still current for this project. The District does not object to the proposed minor change. .~. The attached comments apply. Very truly yours, KENNETH L. EDWAROS Chief Engineer ~10HN H. KASHUBA Senior Civil Engineer '[$~¢~.J~_ ~{[e¥ Area Drainage Plan for the purpose of collecting drainage fees. Those fees'.ere used to 'construct needed flood control facilities within the particular area. The Area Drainage Plan fees apply to new land divisions and other types of new de. velopment. Virtually all new development causes increased storm runoff. These increases are particularly troublesome in those watersheds where an Area Drainage Plan has been adopted. In order to miti- gate the downstream impacts brought about by increased runoff, the District recommends that Conditional Use Cases, Plot Plans and Public Use Cases be required to pay a flood mitigation charge. Mitigation charges, where appropriate, will be similar to the current Area Drainage Plan fee rate. Following is the District~s recommendation: A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The new development in this case includes a total of ~.~ acres. At the current fee rate of $ ~q~ per acre, the mitigation charge equals $ 49~ The charge is payable to the Flood Control District prio~ to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. Mitigation C~ba~e (mitcharg) PLANNING & ENGINEERING 46-209 OASIS STREET, SUITE 405 INDIO, CA 92201 (619) 342.8886 RIVERSIDE COUNTY FIRE DEPARTMENT IN COOPERATION wr'rH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION GLEN J. NEWMAN FIRE CHIEF 2-21-90 PLANNING & ENGINEERING 3760 12TH STREET RIVERSIDE, CA 92501 (714) 287-6606 TO: ATTN: RE: PLANNING DEPARTMENT GLORIA GUZMAN PLOT PLAN 10863 - REVISED With respect to the conditions of approval regarding the above referenced plot plan, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings using the procedure established in Ordinance 546. Provide or show there exists a water system capable of delivering 1500 GPM for a 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. A combination of on-site and off-site super fire hydrants (6"x4"x2~x2~), will be located not less than 25 feet or more than 165 feet from any portion of the building as measured along approved vehicular travelways. The required fire flo~ shall be available from any adjacent hydrant(s) in the system. The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separation or built-in fire protection measures. Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans.shall conform to the fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." __ Subject: Plot Plan 10863 Page 2 e Install a complete fire sprinkler system in all buildings requiring a fire flow of 1500 GPM or greater. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans. Install a supervised waterflow monitoring fire alarm system. Plans must be submitted to the Fire Department for approval prior to installation, as required by the Uniform Building Code. In lieu of fire sprinkler requirements, building(s) must be area separated into square foot compartments, approved by the Fire Department, as per Section 505 (e) Of the Uniform Building Code. 9. A statement that the building will be automatically fire sprinklered must appear on the title page of the building plans. 10. Install panic hardware and exit signs as per Chapter 33 of the Uniform Building Code. 11. Certain designated areas will be required to be maintained as fire lanes. 12. Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact a certified extinguisher company for proper placement of equipment. 13. Install a hood duct fire extinguishing system. Contact a'certified fire protection company for proper placement. Plans must be approved by the Fire Department prior to installation. 14. Prior to issuance of building permits, the applicant/developer shall be responsible to submit a check or money order in the amount of $413.00 to the Riverside County Fire Department for plan check fees. 15. 16. Prior to the issuance ~f building permits, the developer shall deposit with the Riverside County Fire Department, a check or money order equaling the sum of 250 per square foot as mitigation for fire protection impacts. This amount must be submitted separately from the plan check review fee. Final conditions will be addressed when building plans are'reviewed in the Building.and Safety Office. All questions regarding the meaning of conditions shall be referred'to the Planning and Engineering staff. RAYMOND H. REGIS Chief Fire Department Planner Laura Cabral, Fire Safety Specialist ama February 28, 1990 Administrative Center · 1777 Atlanta Avenue Riverside, CA 92507 Riverside County Planning Department Attention: Gloria Guzman County Administrative Center 4080 Lemon Street Riverside, CA 92501 RE: Plot Plan 10863, Revised No. 1 Ladies and Gentlemen: The Land Use Division of the Department of Building and Safety has the following comments and conditions: An additional plot plan or an approved exhibit for on-site signage will be required. If approved elevations are required from the Planning Department the approved plans must be submitted to the Land Use Division concurrently with submittal of structural plans for review. Prior to issuance of building permits, proposed lighting must be in conformance with Mount Palomar Lighting Plan, Zone B, per Ordinance 655. Prior to acceptance of structural plans for Building and Safety review, one complete.~et of approved conditions from Planning Department must be attached. Performance Securities Bond for maintenance of landscaping may be required. Consult your Conditions of Approval. Prior to the issuance of building permits, written clearance is required from the following: ° Temecula Unified School District Sincerely, Vaughn Sarkisian Land Use Technician /sn Administration (714) 682-8840 · (714) 787-2020 TO: FROM: DATE: RE: APN PLANNING / GLORIA GUZMAN WENDY PARKER 4>-¢ February 26, 1990 P/P 10863 910-130-015, 18, 19 The "Grading Section" has reviewed a conceptual grading plan for this site. The plan is acceptable. Consequently, the. "Grading Section" recommends approval of this project if the following conditions are included. Prior to commencing any grading in excess of 50 cubic yards, the applicant shall obtain a grading permit and approval to construct from the Building and Safety Department. Prior to issuance of any building permit, the property owner' shall obtain a grading permit and approval to construct from the Building and Safety Department. Grading in excess of 199 cubic yards will require performance security to be posted with the Buildin~ and Safety department. ,~OTE: For the final gradin~ plan, please provide the applicable information from Buildin~ and Safety Department gradin~ forms: 284-120, 284-21, 284-86, and 284-46. These forms are available at the Building and Safety Department offices. PLanninG DEPARQ;1EnC April 14, 1989 Soil Tech 2B700-B Las Haciendas Street, Suite 103 P.O. Box 1568 Temecula, CA 92390 Attention: Mr. H. Wayne Balmbridge Mr. John T. Reinhart Gentlemen: SUBJECT: Liquefaction Hazard Project No: 2BgO-P?SB Plot Plan 10B63 APN: 910-130-150,01B,019 County Geologic Report No. 580 Rancho Califdrnta Area We have reviewed the liquefaction aspects of your report entitled "Preliminary Geotechnical and Liquefaction Investigation, Parcel 3 and 4 of Parcel Hap 20668," dated December 15, 1988, and your liquefaction hazard addendum letter dated April 4, 1989. Your report determined that: 1. The potential for liquefaction is considered to be l~ossible within the soil deposits below the ground water table {lg feet). 2. It is possible that surface soils will experience settlement due to liquefaction of approximately 0.09 to 0.15 feet. Your report recommended that: 1. Removal and compaction of the near surface on-site soils should be performed. This overexcavation should project .five (5) feet outside the footing area and extend a minimum of five (5) feet below the bottom of the proposed footings. Larger isolated square footings with loads in excess of Z5 kips may require ad,ditional removals to mccommodate distribution of the vertical loading on the foundations.. Z. Footing loading and design plans should be reviewed by the geotechntcal firm prior to construction grading in order to determine the need for additional removals. 4080 LEMON STREET, 9TM FLOOR RIVERSIDE, CALIFORNIA 92501 46-209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA 92201 It, ll Q~ qAg-lqg?7 Sotl Tech - 2 - April 14, 1989 e All excavations shou]d be Inspected and tested by a representative of the soil engineer prtor to placement of ftl1 tn order to vettry the mtntmum compaction obtatned at bottom. Upon satisfactory test results, the excavated material may be rep]aced as controlled compacted ft11. It is our opinion that the report was prepared in a competent manner and satisfies the additional Infomarion requested uhder the California Environmental Qualtty Act review and the Riverside County Comprehensive General Plan. Final approval of the report ts hereby given. The recommendations made in your report for mitigation of liquefaction potentia] sha]] be adhered to in the design and construction of this project. Very truly yours, RIVERSIDE~OUNTY PLANN~NG~ .R~.~j~S. reeter- P'~nn S~even/A: Kupfeman Engineering Geologist CEG-1205 :PA~TMENT SAK:rd c.c. Esbensen & Assoc. - Lester H. Bagg Norm Lostbom - Building & Safety Planning Team 5 - Jo.~n Chiu t4/ CITY OF TEMECULA AGENDA REPORT AB#:(o TITLE: DEPT HD ~ HTG: ~-,z-~o PARCEL MAP NO. 23687 CITY ATTY DEPT:~,~,~-5 CITY MGR ~ RECOMMENDATION That the City Council RECEIVE and FILE Parcel Map No. 23687, subject to the conditions of approval. DISCUSSION Parcel Map No. 23687 was submitted to Riverside .County on April 25, 1988, and was approved by the Board of Supervisors on July 20, 1989. This project is to divide 8.3q acres into three (3) parcels. The project is located north of Rancho California Road along Lyndie Lane. The developer is the Linkletter Development Corporation. The following bonds have been posted for Parcel Map No. 23687: Faithful Material Performance and Labor Streets 70,000 35,000 Monuments 2,900 The water and sewer are already in place, therefore no bonds were required. The following fees were paid for the project: Drainage Signal Mitigation 2,871.00 21,425.00 FISCAL IMPACT Not determined SUMMARY Staff recommends that the City Council RECEIVE and FILE Parcel Map No. 23687. subject to the conditions of approval. ~UhI 05 '~0 1~;43 R:V, CO. RO~ID&$URVE~ P.~/~ OFFICE OF TH]~ ROAD C~lqMISSI(~blKR AHD COUNTY SURVEYOR 20~JI~T¥ OF RITER$IDE Ivan F. TenAunt Acting ROad CCemiSsioner County Adninist~ative Cente~ ~ailtnq Address: PO Box 1090 Rive~'nide, ~ 92502 ~elephone (714} 787-6554 HAy 23, 1990 SUB!~ITTAL TO FRAHKAL~tlRS, CITY MAHAGER OP ~ CITY OF TRMBCULA FROM: Acting City Engineer for the City of Temecula SUBJECT: Parcel Map 23687 in the First ~u~ervlsorlal DistriaL Pursuant to tho ~ubdivislon Map Act and local ordinance it is ~ESTED that t~e City Council approve said map. All required certificates and documents have been filed and the map is ~eady ~or recordation. ZFT:GAS:~$B:~db Aching City Engineer ~ENTEN, · -5- CITY OF TEMECULA AGENDA REPORT AB#: '~ HTG: DEPT: e~-~ TITLE: TRACT MAP NO. 21760 DEPT HD D~- CITY ATTY C~TY MGR ~ RECOMMENDATION That the City Council RECEIVE and FILE Tract Map No. 21760, subject to the attached conditions of approval. DISCUSSION Tentative Tract No. 21760 was submitted to the county of Riverside on July 23, 1986, and was approved by the Board of Supervisors on July 18, 1988. The tract is located west of Interstate 15, south of Buckeye Road. The applicant is Coleman Homes. The tract contains 115 lots located on 31.1 acres. The tract is part of Specific Plan No. 180, known as the Rancho Highlands Community, approved by the Board of Supervisors also on July 18, 1988. The Rancho Highlands Community contains 14.8 acres of commercial and office/professional uses, a 7.8 acre community recreational center, and three (3) recreational centers. The following fees are required for development of Tract No. 21760: Traffic Signal Mitigation Area Drainage Fees Fire Mitigation Fees Public Facilities 4,667.00 28,994.00 12,444.00 522,990.00 The following bonds have been posted for the project: Streets and Drainage Water Sewer Faithful Performance 1,236,500.00 227,500.00 238,500.00 Material and Labor 618,250.00 113,750.00 119,250.00 1,702,500.00 851,250.00 Subdivision Monuments Taxes and Assessments 38,800.00 58,000.00 FISCAL IMPACT Not determined CITY OF TEMECULA AGENDA REPORT AB#: HTG: DEPT: TITLE: TRACT MAP NO. 21760 PAGE 2 DEPT HD CiTY ATTY CITY HGR Staff recommends that the City Council RECEIVE and FILE Tract No. 21760, subject to the conditions of approval. OFFICE OF THE ROAD COMMISSIONER AND COUNTY SURVEYOR COUNTY OF RIVERSIDE Ivan F. Tennant Acting Road Commissioner County Administrative Center Mailing Address: PO Box 1090 Riverside, CA 92502 Telephone {714) 787-6554 May 23, 1990 SUBMITTAL TO FRANK ALESHIRE, CITY MANAGER OF THE CITY OF TEMECUI~ FROM: Acting City Engineer for the City of Temecula SUBJECT: Tract Map 21760 in the First Supervisorial District SPECIFIC REQUEST: Pursuant to the Subdivision Map Act and local ordinance it is REQUESTED that the City Council approve said map. All required certificates and documents have been filed and the map is ready for recordation. Ivan F. Tennant Acting City Engineer IFT:GAS:MSB:rdb City of Temecula Tract 21760 The developer wishes to enter the following agreements to cover the improvements within this subdivision for: IMPROVEMENT OF STREETS (Bond No. 1159391) WATER DISTRIBUTION SYSTEM (Water to be supplied by Rancho California Water District) (Bond No. 1159341) SANITARY SEWER SYSTEM (Service to be provided by Eastern Municipal Water District) (Bond No. 1159341) SETTING OF LOT MONUMENTS (Bond No. 1159342) SECURING TAXES in the amount of $58,000 (Bond No. CA 1860) MATERIALS AND LABOR Bond No. 1159341 in the amount of $851,250 is also attached. FIRE AGREEMENT in the of $46,000 The above referenced bonds are issued by Insurance Company of the West. This map complies in all respects with the provisions of Division 2 of Title 7 of the Government Code and applicable local ordinances. The dedications made on the above map are for: Lots "A" through "I", inclusive, are dedicated to public use for street and public utility purposes, and as part of the city maintained road system. 2. Lots "J" and "K", 1-foot barrier strips, are dedicated to the city of Temecula for street and access control purposes. 3. Drainage easements are dedicated to public use. RUPU'~I:.L) ZONING ..... I TRACTS- 21-" 22761. 22762 R-4 . FI-R $.P. ZONE R-A-2 112/'"' -A-2 112 / R-A-20 IN>p. N B-§-~ LOWRY Use S P AMENDMENT R-R TO S-P ZONE Area RANCHO CALIFORNIA Sup. Dist. I Sec. T. S S.,R.2.,.3W Aa4ess~'s Bk.923 I~. 2,$ I..~~~, Rd. Ok. Pg. 56 Dole 6-18-86 Drawn By F J.W ~DE' C0(.W77 F~ AA~/~/A~ L2E'PA/? 7'A~EN T L~ATIONAI. MAP I I CITY OF TEMECULA AGENDA REPORT AB#: ~3 TITLE: DEPT HD MTG: ~,-r,..-,~,~ VESTING TRACT MAP NO. 21820 CITY ATTY DEPT: e-x~,~=,~c? CITY MGR RECOMMENDATION That the City Council RECEIVE and FILE Vesting Tract Map No. 21820, subject to the conditions of approval. DISCUSSION Vesting Tentative Tract No. 21820 was submitted to the County of Riverside on December 22, 1987. It was approved by the Board of Supervisors on May 31, 1988. The original approval of the map expired on May 31, 1990. However, an extension of time has been filed with the County. By virtue of filing for the extension of time, the subdivider can gain up to an additional 60 days to complete the approval process of the map. Vesting Tract No. 21820 contains 23 lots located on 20.77 acres. The tract is located west of Via Norte and south of Calle Tiara and Calle Felicidad. The developer is Bedford Properties/Mesa Homes. The following fees will be paid for Vesting Tract No. 21820: Traffic Mitigation Fees Fire Mitigation Fees Drainage Fees Inspection Fees SKR Mitigation Public Facilities Fee 3,450.00 9,200.00 40,187.80 8,037.00 40,501.50 63,641.00 The following bonds have been posted for Vesting Tract No. 21820: Faithful Labor Performance and Material Streets and Drainage 153,500.00 76,750.00 Water 44,500.00 22,250.00 Survey Monuments Taxes and Assessments 11,000.00 2,500.00 Vesting Tract No. 21820 will be constructing on-site sanitary septic systems for each dwelling, therefore no sewer bond was required to be posted. FISCAL IMPACT Not determined CITY OF TEMECULA AGENDA REPORT AB#: MTG: DEPT: TITLE: VESTING TRACT MAP NO. 21820 PAGE 2 DEPT HD CITY ATTY CITY HGR SUMMARY Staff recommends that the City Council RECEIVE and FILE Vesting Tract No. 21820, subject to the conditions of approval. OFFICE OF THE ROAD COMMISSIONER AND COUNTY SURVEYOR COUNTY OF RIVERSIDE Ivan F. Tennant Acting Road Commissioner County Administrative Center Mailing Address: PO Box 1090 Riverside, CA 92502 Telephone (714) ?8?-6554 June 1, 1990 SUBMITTAL TO FRANK ALESHIRE, CITY MANAGER OF THE CITY OF TEMECULA FROM: Acting City Engineer for the City of Temecula SUBJECT: Tract Map 21820 in the First Supervisorial District SPECIFIC REQUEST: Pursuant to the Subdivision Map Act and local ordinance it is REQUESTED that the City Council approve said map. All required certificates and documents have been filed and the map is ready for recordation. Acting City Engineer IFT:GAS:MSB:rdb City of Temecul a Re: Tract 21820 The developer wishes to enter the following agreements to cover the improvements within this subdivision for: IMPROVEMENT OF STREETS (Bond No. 3S 741 681 00) WATER DISTRIBUTION SYSTEM (Water to be supplied by Rancho California Water District) (Bond No. 3S 741 784 00) SETTING OF LOT MONUMENTS (Bond No. 3S 741 682 00) SECURING TAXES in the amount of $2,700 (Bond No. 3S 741 681 00) MATERIALS AND LABOR Bond Nos. 3S 741 681 O0 and 3S 741 784 O0 in the amounts of $22,250 and $76,750 are also attached. The above referenced bonds are issued by Lumbermens Mutual Casualty Company. This map complies in all respects with the provisions of Division 2 of Title 7 of the Government Code and applicable local ordinances. The dedications made on the above map are for: Lots "A" and "B", are dedicated for public use for street and public utility purposes, and as part of the city main- tained road system. 2. Drainage easements are dedicated to public use. Rd. Bk. Pg. 55C Date 4/7/88' Orown By jcw b.-r*.~'" ~ laq,'Eli~Z~' 6'YX. AVTY /~4/WI4~' DgPAI~tA~glIIT .o ~..~,~. LM I CITY OF TEMECULA AGENDA REPORT AB#: q MTG: 4=- I~, DEPT: TZTLE: DEPT HD ~;~ VACATION OF A PORTION OF MERCEDES STREE- CITY ATTY CITY MGR ~ RECOMMENDATION That the City Council adopt Resolution No. 90- , declaring its intention to vacate a portion of Mercedes Street northwesterly of 6th Street, scheduling a public hearing for July 3, 1990, at 7:00 p.m. and directing the City Clerk to give Notice of Hearing, all pursuant to Streets and Highways Code, Sections 8320 through 832q. DISCUSSION The expansion of the Sam Hicks Monument Park includes within its scope of work, certain modifications to Mercedes Street adjacent to the fire station and the existing Sam Hicks Memorial Park site. As the portion of Mercedes Street northwesterly of the proposed street improvements will no longer be necessary or utilized for public street functions That portion becomes excess right-of-way. This portion can be better utilized for use and development of the park site, more particularly for parking purposes. The streets and highways code requires that: Where such street rights-of-way are determined to be unnecessary for proposed or future street usage and that the local agency or other petitioners seek to vacate said street that a Resolution of Intention to Vacate be adopted, and that certain notices be published and posted along the line of the street proposed to be vacated, and all within certain time constraints. The publishing of notice in a newspaper of local circulation for at least two successive weeks prior to the hearing, The posting of notices of vacation at least two weeks prior to the date set for the hearing. The date of the hearing shall not be less than fifteen days from the adoption of this Resolution of Intention to Vacate, The proposed publishing dates will be the weeks of June 18-22, 1990, and June 23-29, 1990, posting of notices to be completed on or before June 19, 1990, and the public hearing to be held no earlier than June 27, 1990. The first City Council meeting satisfying these legal constraints is July 3, 1990. CO, EXHIBIT 'ZI' ~SKETCH TO ACCOMPANY LEGAL. DESCRIPTION .A ~'A NO~itlMENT' SHE~Y' I OF I ~pCft ~e.~L. cFFdliam C~Ost ~B~c.~SsocJatcs ROFESSIOtUd. ENGINEERS. PLANNERS & SURVEYORS (?14! i~,-IM~ · FAX (714) i7~-724o RESOLUTION NO. 90- A RF~OLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA OF NOTICE OF INTENTION TO VACATE A PORTION OF MERCEDES STREET NORTHWF_.STERLY OF 6TH STREET AND SETFING A PUBLIC HEARING THEREON PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 3, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAYS CODE follows: The City Council of the City of Temecula does resolve, determine and order as Section 1: That the City Council of the City of Temecula intends to vacate that portion of a public right-of-way in the City of Temecula, described as follows: "That portion of that street known as Mercedes Street extending north from the intersection with Moreno Street, as shown on the map on file in the office of the City Clerk." That said street is lawfully or officially known and reference is hereby made to the map or plan or file in the office of the City Clerk for further particulars and to the proposed vacation of said street that it is intended to reserve and except from the proposed vacation above referred to the following public service easement. Over and upon the proposed vacation of said portion of Mercedes Street an easement to construct, place, operate, inspect, maintain, repair, replace, and remove such aerial and underground public utility and public service facilities as may be necessary upon, over, and across the above easement thereof herein vacated. Section 2: That on the 3rd day of July, 1990, at the Temecula Community Center, 28816 Pujol Street, Temecula, California at the hour of 7:00 PM, or as soon thereafter as the matter may be heard, any and all persons interested in or objecting to the proposed vacation may be heard on said question of vacation. Resos/69 06/06/90 6:25pm Resolution 90- Page 2. Section 3: The City Clerk of the City of Temecula hereby is authorized and directed to post a ~Notice of Public Hearing~ in three (3) public places within the City of Temecula within fifteen (15) days of the adoption of this resolution. Section 4: The City Clerk of the City of Temecula hereby is authorized and directed to post a ~Notice of Public Hearing~ along the street to be considered for vacation in accordance with Chapter 3, Part 3, Division 9 of the Streets and Highways code. Section 5: The City Clerk shall certify to the posting of "Notice of Public Hearing~ as set forth in the above sections 3 and 4. Section 6: The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 12th day of June, 1990. ATrEST: Ronald J. Parks, Mayor June S. Greek, Deputy City Clerk [SEAL] Resos/69 06/06/90 6:25pm CITY OF TEMECULA PRESS RELEASE CONTACT: Frank Aleshire (714) 694-1989 Temecula Councilmember Patricia Birdsall has been appointed to the League of California Cities Committee on Community Services. The Committee is responsible for recommending policies to the League for action by the state legislation and other governing bodies. It is one of eight standing committees reporting to the League Board of Directors, and is concerned with policy matters such as parks and recreation, and libraries. Aids, homelessness, and child care are concerns of the Department of Social Services which the Committee reviews. The League of California Cities is the primary organization in California representing the interest of all municipalities. Each committee is made up of City officials from throughout the State. The Community Service Committee meets quarterly, with the next meeting being held in Los Angeles on Friday, June 6, 1990. Easter. ] unicipa[Wat er District General Manager J. Andrew Schlange Legal Counsel Redwine and Shetrill Director of The Metropolitan Water District of Southern California Doyle F. Boen Treasurer Rogers M. Cox May 4, 1990 Frank Aleshire, City Manager City of Temecula Post Office Box 3000 Temecula, California 92390 Board of Directors Richard C. Kelley, President Rodger D. Siems, Vice President Win. G. Aidridge John M. Coudures Chester C. Gilbert Secretary ' - ~ Juanira L. Machek HAY ;-'S 1990 Dear Mr. Aleshire: Subject: Eastern Municipal Water District Demonstration Composting Project Monitoring Committee Eastern Municipal Water District will be developing demonstration composting projects at two of it's Rq~ional Water Reclamation Facilities. The goals of the projects will be to determine general feasibility of on-site composting; 2) to establish baseline composting costs; 3) to determine technical difficulties; and 4) to educate the public and gauge public response to different composting technologies. The District would like to establish a committee consisting of representatives from various local agencies that may be affected by these projects. Your participation as a member of this committee will be valuable for the purpose of monitoring the progress of the program, as well as providing necessary public feedback. I anticipate committee meetings to be held once per month, lasting approximately one hour each. I will be in touch with you in the near future regarding meeting schedules. I appreciate your interest and look forward to meeting with you on this important subject. Assistant General Manager, Operations PMA: ee Mail To: Post Office Box 8300 · SanJacinto, California 92383-1300 · Telephone (714) 925-7676 · Fax (714) 929-0257 A Main Office: 2045 S. SanJacinto Street, SanJacinto · Customer Service/Engineering Annex: 440 E. Oakland Avenue, Hemet, CA CITY OF TEMECULA CITY MANAGER'S REPORT AB# MTG G DEPT C. TITLE: CITY HALL FINANCING DEPT HD. CITY ATTY CITY MGR RECOMMENDATION The City Attorney recommends you adopt a resolution regarding reimbursement from proceeds of Cerfficates of Participation in connection with the proposed city hall financing. It is recommended that City Council review report from Financial Consultant Harry Clark and City Attorney Scott Field and take the following action: o Designate Burke, Williams and Sorensen as Bond Counsel o Authorize Financial Consultant to prepare a proposal for City to issue $5 million in notes. o Designate M.L. Stern as underwriter FISCAL IMPACT Cost of the three recommendations will be $77,000 to be paid from proceeds of notes. VENTURA COUNTY OFFICE 2310 PONDEROSA DRIVE BUITE I CANIARILL0, CALIFORNIA 93010 [805] 987-3468 TELECOPIER: (B05) 48a-g834 LAW OFFICE,~ BURKE, WILLIAMS 8¢ SORENSEN 3200 ImRIBTOL STIhlrEfT COSTA NESA, CALIFORNIA (714) 545-5559 LOS ANGELES OFFICE ONE WILSHIRE BUILDING 6;~at· SOUTHGRAND AVENUE, IITM FLOOR LOS ANGELES, CALIFORNIA 90017 ~3~5-0600 TELECOPIER: {213) ;'3B-2700 May 30, 1990 Mr. F. D. Aleshire City Manager City of Temecula 43172 Business Park Drive Temecula, California 92390 Re: Resolution re Reimbursement from Proceeds of Certificates of Participation in connection with the Proposed City Hall Financing Dear Frank: Enclosed please find a Resolution entitled: "Resolution of the City Council of the City of Temecula Providing that Payments made by the City in connection with the Acquistion of a City Hall Facility are to be made in Anticipation of Reimbursment from the Proceeds of a Planned Lease Financing with Certificates of Participation to be Accomplished by the City and Authorizing and Directing Certain Actions with Respect Thereto#. The 1986 Tax Act prohibits the tax exempt borrowing of previously expended operating capital. Pursuant to statutory law, a method to prevent coming within the parameters of this prohibition is to create a paper trail of official acts of the City Council in which the City specifies that the expenditure of funds prior to borrowing is temporary and in anticipation of the receipt of proceeds from the issuance of the above referenced certificates of participation. The enclosed Resolution is the official action which allows the city to reimburse its cash reserves at the time of issuance of the certificates of participation. Mr. F. D. Aleshire May 30, 1990 Page 2 Please place this on the next Council Agenda. If you have any questions or comments regarding the enclosed Resolution or the proposed lease financing of the City Hall, please do not hesitate to contact the undersigned or my partner, Norman E. Gaar, at (800) 373-6202. Enclosure sff/LTR15222 Very truly yours, SCOTT F. FIELD CITY ATTORNEY OF THE CITY OF TEMECULA cc: Norman E. Gaar, Esq. RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING THAT PAYMENTS MADE BY THE CITY IN CONNECTION WITH THE ACQUISITION OF A CITY HALL FACILITY ARE TO BE MADE IN ANTICIPATION OF REIMBURSEMENT PROM THE PROCEEDS OF A PLANNED LEASE FINANCING WITH CERTIFICATES OF PARTICIPATION TO BE ACCOMPLISHED BY THE CITY AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO WHEREAS, the City is proposing to proceed with a lease financing with certificates of participation; and WHEREAS, in connection therewith, the City proposes to finance the acquisition of real property located at 43172 Business Park Drive and 43174 Business Park Drive, both in the City of Temecula, for use as a City Hall facility, and it is in the best interest of the City, is in the public interest and is for the public benefit that the City set forth the expectation of reimbursement from the proceeds of such proposed financing; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Any payments made by the City from its General Fund in connection with the Project prior to the consummation of the proposed lease financing with certificates of participation or other tax-exempt financing means are intended to be made strictly in anticipation of reimbursement therefore from the proceeds of such financing. SECTION 2. The Mayor, and/or the City Manager are hereby authorized and directed to do any and all things and take any and all actions which may be necessary or advisable in accordance with this Resolution. SECTION 3. This Resolution shall take effect immediately. SECTION 4. The City Clerk shall certify the adoption of this Resolution. 3/R¢sos-64 06/04/90 PASSED, APPROVED AND ADOPTED this ~th day of June, 1990. ATYF_~T: Ronald J. Parks Mayor June S. Greek Deputy City Clerk [SEAL] I HEREBY 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 5th day of June, 1990 by the following vote of the Council: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek Deputy City Clerk 3~e~s~4 ~/04/~ Muni Fireracial Services Inc. 31010 Avenida Buena Suerte Suite 200 Temecula, CA 92390 (714) 699-3990 Fax: (714) 699-3460 7 Crow Canyon Cour~ Suite 108 San Ramon, CA 94583 (415) 820-8400 June 5, 1990 JUN- G 1990 Mr. Frank Alshire City Manager City of Temecula P.O. Box 3000 Temecula, CA 92390 Re: Report on Status of City Hall Finanoing Dear Mr. Alshire: Pursuant to your request, this letter-report will provide a summary of our recommended approach to financing the City Hall for the City of Temecula. SUMMARY OF REPORT In our meeting we agreed to a tentative date for closing escrow and financing on the subject property on or around August 29, 1990. We are recommending three actions at this juncture: Retain Burke, William & Sorenson as special legal counsel or "bond counsel"; and, e Authorize the financing team to further evaluate short term notes (commonly referred to as Bond Anticipation Notes) and Certificates of Participation (COP's) as proposed financing alternatives for the acquisition; and, Authorize a commitment to retain M. L. Stern and N. K. McPhail as investment bankers. We do not wish to commit to short vs. long-term financing at this point in order to take advantage of any change in interest rate yield curves over the next thirty days. This report will describe both types of financings briefly, as well as other concerns. Financial Consulting and Administration Mr. Frank Alshire Page 2 of 4 B~CKGROUND 1. Retention of Special Legal Counsel Muni Financial Services, Inc. received proposals from two qualified law firms to act as special legal counsel, or "bond counsel", for this financing. We recommend that the City retain Burke, Williams and Sorenson as special legal counsel based on their fee ($15,000 plus expenses), expertise and intimate knowledge of the acquisition. Evaluation of Financial &lternatives Over the next thirty days we will be recommending to the City council whether to finance the City Hall with long term Certificates of Participation (COP) financing or interim short term notes. The following sections will address considerations of each financing approach, and factors which will enter into our evaluation. A. Certificates of Participation (COP's) Certificates of Participation (COP's) provide long-term financing through a lease, installment sale or loan agreement that is free of many restrictions and procedures when compared to many other financing mechanisms. COP's allow the investing public to participate in a stream of lease payments. The certificates are usually sold in $5,000 increments, much like bonds relating to the acquisition of a public facility. Although referred to as a lease, on a day-to-day basis, the COP's will function in the same capacity as bonds. The principal parties to a COP financing include 1) the City, 2) a non-profit corporation or other public agency as lessor, and 3) the trustee. We recommend that the City direct the special legal counsel retained for this project to form a non-profit corporation to act as lessor. The City Council would be the trustee of the non-profit corporation. This is the standard process for the sale of COP's, and will be required regardless of whether long-term or short term financing is used. B. Short Term Notes We are recommending that the City give serious consideration to the use of short term financing for many reasons. First, the City has no financial track record that is of any significance to the investment community. Specifically, the City has had no Mr. Frank Alshire Page 3 of 4 audited financial statements and has not yet adopted it's first budget. Typically, two to three years of financial statements are required by most rating and insurance companies. The use of notes would allow for interim financing while .the City builds it's history; the City can then issue permanent financing with the use of certificates of participation (COP's) or other suitable financing mechanisms. Another advantage of using notes are the reduced interest rates. Notes typically have terms which are under five years as compared to the typical COP financing of twenty to twenty-five years. With a "normal" yield curve for interest rates, the notes will be at a lower interest rate than the longer term COP's. For example, in todays market, the City would conservatively pay 7.75% in interest for the COP's versus 7.10% for three year notes. The difference between the two will result in reduced interest costs. This will be especially important for arbitrage concerns described more fully in a later portion of this report. The third reason for issuing short-term notes is the distinct possibility that the City may have additional financing needs for a more "permanent" City Hall, park space or for other needs in the near future. The long-term financing to replace the short-term notes may be able to be combined with another project. A significant risk associated with short term financing is the possibility of interest rates increasing by the time long term financing is secured three years later. Interest rates today are considered to be relatively favorable and as a result, it may be advantageous to obtain todays lower long term rates. C. Debt Limitation and Voter Approval Short-term notes and COP's both have other advantages to the City. Neither mechanism requires voter approval and neither constitute indebtedness under the State constitutional debt limitation. D. Arbitrage Ability The Tax Reform Act of 1986 (the "Act") established many restrictions for public agencies issuing debt. The regulations are well known in the financial community for the arbitrage restrictions. Arbitrage is the "profit" that is generated from the investment of bond proceeds in excess of the yield being paid on the bonds. Generally, the Act eliminated the ability for public agencies to earn arbitrage from bond proceeds, with only a few exceptions. Mr. Frank Alshire Page 4 of 4 One exception to the restrictions is the Small Issuer's Exemption. The exemption applies to public agencies that issue no more than five million dollars in debt during a calendar year. The five million dollar cap applies to the issuing entity as well as any subsidiary entity such as a redevelopment agency. It is our understanding that the City and all subsidiary entities, will not issue any other indebtedness during the 1990 calendar year. This being the case, we recommend that the City issue five million dollars in short term notes and apply any arbitrage earnings on the unspent proceeds towards reducing the debt-service. The interest earnings on the unspent proceeds could easily exceed $30,000 per year. The $30,000 would be used to offset the debt-service payment for the City Hall. 3. Commitment for Investment Banking Services Under normal circumstances, public agencies can reduce the costs associated with financing by competitively bidding the investment banking services. Circumstances for not using competitive bidding include: a project that is very complex and needs a great deal of "hands on" involvement or a financing that is a "story bond" or one that requires a great deal of explanation to potential bondholders. This financing is not very complex, however, due to the City's lack of history it will require a "story". Because of this consideration, we are recommending that we market the securities on a negotiated basis. We have discussed this project with a total of six investment banking firms and we recommend that the City enter into an underwriting commitment with the investment banking firm of M. L. Stern with Norm McPhail as lead banker. Our recommendation is based upon the considerable experience of the lead banker, the very competitive fee proposed (1.5% discount for COP's and 1.0% for notes), and a tested working relationship with the financing team. If you have any questions about the information in this interim report, please call me at 699-3990. Thank you. HCCF06 Very truly yours, MUNI FINANCIAL SERVICES, INC. Harry Clark Managing Partner CITY OF TEMECULA AGENDA REPORT AB#: yt TITLE: DEPT HD MTG: ~-tz-~o Sewage Pretreatment CITY ATTY DEPT:c.~. CITY MGR RECOMMENDATION: That City Council pass a motion authorizing the Mayor to sign an interjurisdictional pretreatment agreement with Eastern Municipal Water District and direct the City Attorney to prepare an ordinance to regulate sewage and industrial wastes in Temecula BACKGROUND: Please refer to attached reports from EMWD. FDA:jsg INTER JURISDICTIONAL PRETREATMENT AGREEMENT BETWEEN EASTERN MUNICIPAL WATER DISTRICT CITY OF TEMECULA This Agreement is entered into this 12th day of June, 1990 between Eastern Municipal Water District (Distric0 and City of Temecula (City). RECITALS WHEREAS, District owns and operates a wastewater treatment system, and WHEREAS, City currently utilizes this wastewater treatment system pursuant to the Service Agreement between District and City dated June 12, 1990; and WHEREAS, District must develop and implement an industrial pretreatment program pursuant to conditions contained in its discharge permit (Order #CA 88-94) issued by Regional Water Quality Control Board; and WHEREAS, City desires to continue to utilize the wastewater treatment system and recognizes its industrial waste control obligations under the Federal Water Pollution Control Act amended in 1972 and the Code of Federal Regulations (40 CFR 403). WHEREAS, the purpose of this agreement is to delineate the respective authority, responsibilities and obligations of the District and the City to assume compliance with the Pretreatment Program set forth in the Code of Federal Regulations (40 CFR) and applicable State and local regulations. DEFINITIONS Categorical Pretreatment Standards shall mean those final regulations promulgated and adopted by the EPA (as outlined in 40 CFR 403 and 40 CFR Subchapter N, parts 401-407) for each standard Industrial classification (S.I.C.) or subcategory containing pollutant discharge limits. (TFR shall mean the United States Code of Federal Regulations District Ordinance No. 59 shall mean the most current "Regulations for Sewer Connections and Use" Ordinance implemented and enforced by the District. Environmental Protection Agency (EPA) shall mean the United States Environmental Protection Agency or, where appropriate, the Administrator or other duly authorized official thereof. -1- Industrial User shall mean, as defined in District Ordinance No. 59, any discharger of non- domestic wastewater to the collection agency's sewer main either directly or indirectly having: a) any EPA listed categorical Industries; or b) a flow greater than five percent (5 %) of the flow carried by the collection agency public sewer main receiving the waste; or c) containing a priority pollutant; or which d) is found by the District or other individual collection agency, the Regional Water Quality Control Board or the State Water Resources Control Board, to have significant adverse impact, either singularly or in combination with other discharges, on the collection agency's sewer facilities or the quality of the effluent from the involved District RWRF. Interference shall mean as defined in 40 CFR 403.3i as a discharge by an Industrial User which, alone or in conjunction with discharges by other sources, inhibits or disrupts the District's RWRF, its treatment process, use of disposal and/or which is a cause of violation of any requirement of the RWRF's discharge order, or of the prevention of sewage sludge use or disposal. Significant Industrial User shall mean, as defined in Ordinance No. 59, any discharger that a) can discharge a flow greater than 5 % of the flow carried by the collection agency public sewer main receiving the discharge; or b) does or is able to discharge incompatible or toxic pollutants at a rate of 25,000 gallon/day and/or is a Categorical User. AGREEMENT In consideration of the following terms and conditions District and City agree: 1. City shall adopt and enforce an ordinance substantially similar to District's Ordinance No. 59. 2. City agrees that its Ordinance shall include the same enforcement provisions as are included in the District's Ordinance 59, and shown in Exhibit A and made a part of this agreement, as the same now exist and may hereafter be amended. At present, this Section generally, reads but is not limited to the following: a provision requiring any industrial user responsible for a significant accidental discharge to notify immediately both District and City; be a prohibition on the use of dilution as a control technique for compliance with discharge limits except as allowed by Federal Pretreatment Standards; -2- a grant of authority to the District to impose mass discharge limits on industrial users in lieu of, or in conjunction with, concentration discharge limits; de a prohibition against and penalty for the knowing transmittal of false information by an industrial user to District; eo a grant of authority to District to require the installation of all monitoring and pretreatment facilities and to review and approve proposed plans prior to construction thereof. 3. District shall periodically (at a minimum of every three years) review its ordinance and draft and adopt amendments when necessary to ensure the effective administration and operation of the pretreatment program. District shall review City ordinance and amendments thereto, and any interjurisdictional agreements for conformance with 40 CFR Part 403, and to ensure inclusion of all other legal provisions mandated by this Agreement. Any amendment to the Distfict's Ordinance shall be adopted by City upon request for said adoption by the District. 4. District ordinance shall require that categorical pretreatment standards promulgated by the U.S. Environmental Protection Agency (EPA) [promulgated by authority of the Clean Water Act Sections 307(b) and (c)] be automatically incorporated. City's Ordinance shall contain the same requirement, these standards shall supersede any specific discharge limits in the ordinance which are less stringent than the categorical standards as they apply to the particular industrial subcategory. District shall notify all affected industrial users of pertinent categorical standards and monitoring and reporting requirements contained in 40 CFR 403.12 or included as part of the categorical standard. 5. District's Ordinance shall include definitions of 'significant industrial user" and "industrial user'. The District shall control, directly through industrial discharge permits issued by the District, the industrial waste discharges from each such significant industrial user or industrial user discharging into the sewer. 6. Where an industrial user is physically located outside the City but is discharging to the City's sewer system, the District will seek an agreement, substantially similar to this agreement, with the public agency wherein the industrial user's facilities are located. The parties thereto to include the District, the City, and the outside public agency. 7. City shall file with District a certified copy of its ordinance and any amendments thereto, other interjurisdictional agreements which may affect the Pretreatment Program, and/or any contract entered into for the purposes of industrial waste control. City shall provide District access to and copies of, if requested, all industrial monitoring reports, detailed interior plumbing plans, including 40 CFR 403.12 compliance reports, self-monitoring reports, baseline report, records of violations and actions taken, and any other monitoring or reporting requirements imposed by Federal, State or local regulations. These records and other relevant information shall be maintained for at least three years. District will comply with 40 CFR 403.12 regarding -3- confidentiality. 8. Any authorized officer or employee of District may enter, inspect, and perform any related duties and inspect at any reasonable time any part of the sewer system of City. The right of entry and inspection shall extend to public streets, easements, and property within which the system is located. Additionally, District shall be permitted, as appropriate, to enter onto private property to inspect industrial waste dischargers. City shall make, if necessary, all legal and administrative arrangements for these inspections. The right of inspection shall include on-site inspection of pretreatment and sewer facilities, observation, measurement, sampling, testing, and access to (with the right to copy) all pertinent compliance records and associated plumbing plans of the industrial user. 9. City and District will enter into a pretreatment agreement, providing District with the legal authority and responsibility for performance of technical and administrative activities necessary for implementation of a pretreatment program within City boundaries. These activities may include, among others: 1) ulxlafing the industrial waste survey; 2) providing technical services, such as sampling, process chemical analysis, and engineering advice; 3) permitting; 4) compliance monitoring; 5) record and plumbing plan review; 6) enforcement support, to remedy non compliance which may include, but not limited to, the disconnection of the non-compliance Industrial User(s) sewer lateral line(s) from the sewerage system. District's legal authority will include the right to seek injunctive relief and civil or criminal penalties. District shall implement enforcement efforts to ascertain whether pretreatment requirements are being diligently adhered to. 10. If District determines that an industrial user within the jurisdictional boundaries of the City has failed or has refused to fulfill any pretreatment obligations, District may develop and issue a remedial plan containing a description of the nature of the pretreatment deficiencies, an enumeration of steps to be taken by the industrial user, and a time schedule for attaining compliance with all pretreatment requirements. Where the industrial user fails to satisfy the terms of the remedial plan, District may, upon written notice, refuse to accept any industrial waste discharges from within City boundaries by corrective actions which may include, but not limited to, the disconnection of the non-compliance Industrial User(s) sewer laterals(s) from the sewerage system. The disconnection will be done by the District and/or City. Such plans shall be enforceable by an action for specific performance in a court of competent jurisdiction; the parties hereto agree that under such circumstances, there would be no adequate remedy at law. Where the industrial user fails to satisfy the terms of the remedial plan, District may, upon written notice, refuse to accept any industrial waste discharges from within City boundaries. 11. Where a discharge to the wastewater treatment system reasonably appears to present an imminent danger to the health and welfare of persons, or presents or may present an imminent danger to the environment, or threatens to cause interference with the operation of the wastewater treatment system, District may seek injunctive relief against any industrial user contributing to the emergency condition, and/or may pursue other self-help remedies, such as termination of service by the disconnection of the non-compliance Industrial User(s) sewer -4- lateral(s) from the sewerage system. 12. The terms of this Agreement may be amended only by written agreement of the parties. In any event, this Agreement shall be reviewed and revised, as necessary, at least every three years. 13. This Agreement modifies only those provisions of the existing Service Agreement between the two parties which conflict with the terms of this Agreement. 14. This Agreement will remain in effect so long as the Service Agreement remains in effect. Termination of the Service Agreement shall also result in the termination of this Agreement. The parties hereto have executed this Agreement on the date shown above. EASTERN MUNICIPAL WATER DISTRICT ATTEST: J. Andrew Schlange, General Manager Juanita L. Machek, Secretary CITY OF TEMECULA Deputy City Clerk Ronald J. Parks, Mayor June S. Greek -5- RBGUIJ~.TZONS FOR SEWER CONNECTIONS AND USE ORDI~CE NO. $9.2 ADOPTED BY THE BOARD OF DIRECTORS OF EASTEP.N MUNICIPAL ~ATER DISTRICT TABLE OF CONTENTS ARTICLE NO ARTICLE ~ - INTRODUCTION 1. 1. Purpose 1. 2. Policy 1. 3. Scope PAGE ARTICLE 2 - DEFINITIONS 2. 1. Definitions Other Meanings ARTICLE 3 - USE OF PUBLIC SEWERS 3. 3. 2. 3. 3. 3. 4. 3. 5. Sewer Hookup Required Pretreatment Statement of Approval Sewer Connection Permit Costs Connection Rules ARTICLE 4 - GENERAL PROHIBITIONS AND LIMITATIONS ON DISCHARGES 4. 4. 2. 4. 3. 4. 4. 4. 5. 4. 6. 4. 7. 4. Prohibited Conditions Prohibited Discharges General Limitations Specific Discharge Constituents and Characteristics Limitations on Point of Discharge Limitations on Water Softeners Limitations on Septic Tank, Cesspool, and Holding Tank Wastes Excessive Discharge ARTICLE 5 - PRIVATE WASTEWATER DISPOSAL 5. 1. 5. 2. 5. 3. Wastewater Disposal System Required Connections Cesspool, Septic Tank, and Holding Tank Wastes 12 13 13 14 14 14 16 17 18 19 20 20 21 21 22 22~ 22 ARTICLE 6 - POWERS AND AUTHORITIES 6. 1. 6. 2. 6.'3. 6. 4. Information Required Access Powers Delegation of Authority 23 24 24 24 ARTICLE 7 - WASTE DISCHARGE PERMITS 7. 1. Waste Discharge Permits Required 7. 2. Waste Discharge Permit Applications 7. 3. Waste Discharge Permit Issuance 7. 4. Waste Discharge Monitoring ARTICLE 8 - ENFORCEMENT 8. 1. Enforcement Policy 8. 2. Enforcement Actions 8. 3. Miscellaneous Enforcement Items 8. 4. Appeals ARTICLE 9 - SEVERABILITY 9. 1. Severability ARTICLE 10 - REPEAL 10. 1. Repeal ARTICLE 11 - EFFECTIVE DATE 11. 1. Effective Date 25 26 28 30 33 33 37 38 39 40 TABLE TABLE TABLE TABLE TABLE TABLE TABLE TABLE 41 42 43 44 45 46 47 48 ARTICLE i INTRODUCTION 1. PURPOSE 1. 1. 1. The purpose of this Ordinance is to provide for the maximum public benefit from the use of the District's sewage facilities. This shall be accomplished by regulating sewer use and wastewater discharges, by providing equitable distribution of costs in compliance with applicable State and Federal regulations, and by providing procedures that will allow the District to comply with requirements placed upon the District by other regulatory agencies. The revenues to be derived from the application of this Ordinance shall be used to help defray the costs of regulating sewer usage by the District, including, but not limited to administration, monitoring, permitting, reporting, and enforcement. 1. 2. POLICY 1. 2. 1. This Ordinance shall be interpreted in accordance with the definitions set forth in Article 2. The provisions of this Ordinance shall apply to the direct or indirect discharge cf all wastes carried to facilities of the District. 1.2.2. To comply with Federal and State of California policies and to permit the District to meet applicable standards of treatment plant effluent quality, provisions are made in this Ordinance for the regulation of wastewater discharges to the public sewer. This Ordinance develops procedures to establish quantity and quality limitations on all wastewater discharges which may adversely affect the District's sewerage systems, processes, effluent quality, or inhibit the District's ability to meet its discharge requirements. It is the intent of the this Ordinance to improve the quality of wastewater being received for treatment and subsequent reclamation. This Ordinance also provides for regulation of 1. 2. 3. 1. 3. 1. 3. 1. the degree of waste pretreatment required, the issuance of permits for wastewater discharge and connections, and the establishment of penalties for violation of the Ordinance. Since the District is committed to a policy of wastewater reclamation and reuse in order to provide an alternate source of water supply, the adoption of programs for reclamation through secondary and tertiary wastewater treatment processes may necessitate more stringent quality requirements on wastewater discharges regulated by 40 CFR, Subchapter N, Parts 401-407. In the event that more stringent quality requirements are ~necessary, the Ordinance will be amended to reflect those changes. SCOPE The provisions o~ these Regulations shall apply to sewer construction use, maintenance, discharge, deposit, or disposal of wastewater, both diractly and indirectly, into and through all District sewer systems and to the issuance of permits and collection fees, fines and penalties thereof. 2 ARTICLE 2 DEFINITIONS 2. 2. 1. 1. 2. 1. 2. 2. 1. 3. 2. 1. 4. 2. 1. 5. Unless otherwise defined herein, terms related to water quality shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation. The testing procedures for waste constituents and characteristics shall be as provided in 40 CFR 136 (Code. of Federal Regulations; Title 40; Protection of Environment; Chapter I, Environmental Protection Agency; Part 136, Test Procedures for the Analyses of Pollutants), or as specified. Other terms not herein defined are defined as being the same as set forth in the International Conference of Building Officials. Uniform Buildinc Code, Current Edition, or the International Association of Plumbinc and Mechanical Officials, Uniform Plumbinc Code, Current Edition. Batch Dumps shall mean any intermittent discharge of pollutants from sources, such as, but not limited to, rinse tanks, waste holding tanks or treatment system. Board shall mean the Board of Directors of Eastern Municipal Water District. BOD (Biochemical Oxygen Demandl shall mean the measure of biodegradable organic material in domestic or other wastewaters as determined by appropriate testing procedures and expressed in terms of mass per unit volume (mg/L). Brine shall mean wastewater that contains dissolved salts in excess of 2000 milligrams per liter, (herein referred to as "mg/L"). Brine Hauler shall mean a person that exclusively transports brine from a business within the District to the Santa Ana Regional Interceptor (SARI) operated by the Santa Ana Watershed Project Agency (SAWPA). 2. 1. 6. 2. 1. 7. 2. 1. 8. 2. !. 9. 2.. 1. 10. 2. 1. 11. 2. 1. 12. 2. 1. 13. 2. 1. 14. 2. 1. 15. Building Sewer shall mean the entire length of private sewage service lateral extending from the facility or structure to be served to the public sewer main. Cateaorical Pretreatment Standards shall mean those final regulations promulgated and adopted by EPA (as outlined in 40 CFR, 403 and 40 CFR, Subchapter N, parts 401--407) for each standard industrial classification (S.I.C.) or subcategory containing pollutant discharge limits. Cateaorical User shall mean any industrial user whose process(es) are subject to Federal Pretreatment Standards as promulgated by the Federal Environmental Protection Agency. (In accordance with 40 CFR) Cesspool shall mean a lined excavation in the ground which receives the discharge of a sewage drainage system, or part thereof, so designed as to retain the solids and organic matter, but permitting liquids to seep through the bottom and sides. This shall also mean Seepage Pit. Chemical Toilet refers to a toilet designed to discharge to a container wherein sewage is stored pendiDg disposal tc which chemicals are added. Class I User shall mean a discharger with a flow greater than 10,000 gal/day or any Categorical User; inspected a minimum of 4 times/year; sampled a minimum of 4 times/year; permitted flow regulated on pounds discharged. Class II User shall mean a discharger with a flow less than 10,000 gal/day but greater than 100 gal/day; inspected a minimum of 2 times/year; sampled a minimum of 2 cimes/year; permitted flow regulated cn pounds discharged. Class III User shall mean a discharger with a flow less than 100 gal/day, or which utilizes an on-site disposal system (cesspool, septic tank, holding tank, etc.) and is not connected to the District's sewer system; industrial activity at location inspected a minimum of one time/year; sampled at inspectors discretion; permitted flows regulated on pounds discharged. Class IV User shall mean Restaurants; (See Article 2.1.64) inspected a minimum of one time/year; sampled at inspectors discretion. Class V User shall mean septic tank and chemical toilet pumpers. (Article 2.1.68) 4 2. 1. 16. 2. 1. 17. 2. 1. 18. 2. 1. 19. 2. 1. 20. 2. 1. 21. 2. 1. 22. 2. 1. 23. 2. 1. 24. 2. 1. 25. b~ ....2. 1. 26. Class VI User shall mean a discharger who is legally discharging water softener regeneration brine to the public sewer main. Classified User shall mean any discharger whose waste can be adequately pretreated using only an interceptor and who is not a categorical or principal user. C.O.D. (Chemical Oxygen Demand] shall mean the measure of chemically oxidizable material in domestic or other wastewaters as determined by appropriate testing procedures and expressed in terms of mass per volume (mg/L). Collection Agency shall mean the District, as defined in Section 2.1.24, or a public agency with which the said District has an interagency agreement covering the collection of sewage within such agency and the discharging of such collected sewage into said District's sewer system for transmission, treatment, and disposal. Compatible Pollutant shall mean a combination of BOP, Total Suspended Solids, pH, fecal coliform bacteria, plus other pollutants that the District's treatment facilities are designed to accept, treat and/or remove. Some compatible pollutants may be considered incompatible when discharged in significant quantities that have an adverse effect on the collection, treatment, disposal systems and/or discharge permit regulating the treatment facilities. Connection Permit shall mean the permission to physically connect to the public sewer main. Discharger shall mean any person, entity or collection agency who discharges or causes a discharge of wastewater directly or indirectly to a public sewer main. Discharger shall mean the same as User. DischarGe Requirements shall mean the requirements cf Federal (as listed in 40 CFR 403), state or local public agencies having jurisdiction over the effluent discharges from District Regional Water Reclamation Facilities. District shall mean the Eastern Municipal Water District. District Sewer System and Disposal Facilities CharGe shall mean the fee established by District Resolution No. 1641 "Sewer System and Disposal Facilities Financial Participation Policy". District Sewer Treatment Plant Capacity CharGe shall mean the fee established by District Resolution No. 1559 "Sewer 5 2. 1. 27. 2. 1. 28. 2. 1. 29. 2. i. 30. 2. 1. 31. 2. 1. 32. 2. 1. 33. · Treatment Plant Capacity Financial Participation Reserve Fund Policy". Domestic Wastewater shall mean the liquid and solid waterborne wastes derived from the ordinary living processes of humans of such character as to permit satisfactory disposal, without special treatment, into the public sewer or by means of a private disposal system. The strength shall be no more than 350 milligrams per liter (350 mg/L) BOD and 350 mg/L Total Suspended Solids. Dwelling Unit shall mean a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, heating, cooling and sanitation, and discharging an average of not more than 1000 cubic feet of domestic wastewater per month. Enforcement Compliance Schedule ¢ECS) 'shall mean a schedule whereby~ the District allows a discharger adequata time for implementation of pretreatment practices and/or equipment to ensure permit compliance. Said schedule will not authorize non-compliance with federal requirements. General ManaGer shall mean the General Manager of the Eastern Municipal Water District or his deputy, agent, representative, or inspector. Improvement District shall mean a defined area within the District created for the purpose of financing, constructing, and operating sewer system facilities and providing sewer service, which defined area will benefit from such facilities and service and will be taxed, assessed, or otherwise charged to finance such sewer facilities, operations, and se~ice. Incompatible Pollutant shall mean any pollutant which is no~ a compatible pollutant as defined herein. Industrial User shall mean any discharger of non-domestic wastewater to a collection agency's sewer main either directly, or indirectly having: (a) any EPA listed categorical industries; or (b) a flow greater than five percent of the flow carried by the collection agency public sewer main receiving the waste; or (c) containing a priority pollutant; or which (d) is found by the District, or other involved collection agency, the Regional Water Quality Control Board or the State 6 2. 1. 34. 2.1.35. 2. 1. 36. 2. 1. 37. 2. 1. 38. 2. 1. 39. 2. 1. 40. 2. 1. 41. 2. 1. 42. Water Resources Control Board, to have the potential for significant adverse impact, either singularly or in combination with other discharges, on the collection agency's sewer facilities or the quality of the effluent from the involved District RWRF. Industrial Wastewater shall mean all water-carried wastes and wastewater and excludes domestic wastewater as defined in Section 2.1.70 unless otherwise stated. Inspector shall mean a person authorized by the General Manager to inspect any establishment discharging or anticipating discharge to a public sewer main or a RWRF. Interceptor shall mean a device designed to provide a quiescent environment for the separation of deleterious or undesirable matter from normal wastes and permit ncrmal sewage or liquid wastes to discharge into the public sewer main. This pretreatment is often called a trap. Interference as defined in 40 CFR, 403.3i shall mean a discharge by an Industrial User which, alone or in conjunction with discharges by other sources, inhibits or disrupts the District's RWRF, its treatment processes, use of disposal and/or which is a cause of a violation of any requirement of the RWRF's discharge order, or of ~he prevention of sewage sludge use or disposal. ¢Lower Explosive Limit~ LEL shall mean the minimum concentration of a combustible gas or vapor in air (usually expressed in percent by volume at sea level) which will ignite if an ignition source (sufficient ignition energy) is present. Liquid Waste Manifest shall mean that receipt which is retained by the generator as required by the California Department of Health Services and/or the United States Government pursuant to the Resources Conservation Recovery Act. Local Building Authority shall mean the agency with the legal authority to grant zoning changes or building permits. Local Limits shall mean a set of technically based discharge limits that are developed by the District to protect the public sewer main and to prevent violation of Discharge Requirements or sludge contamination. Mass Emission Rate shall mean the weight of material discharged to the sewer system during a given time interval. Unless otherwise specified, the mass emission rate shall mean 2.1.43. 2. 1. 44. 2.1.45. 2. 1. 46. 2. l. 47. 2. 1. 48. 2. 1. 49. 2. 1. 50. 2. 1. 51. 2. 1. 52. 2. 1. 53. pounds per day of particular constituent or combination of constituents. May shall mean permissive. Non-domestic Wastewater shall mean all wastewater except domestic wastewater and pollutant-free wastewater. Non-Significant User shall mean any discharger who discharges only sanitary wastes and has no potential to discharge incompatible or toxic pollutants. Normal Working Day shall mean the period of time during which production and/or operation is taking place. Pass-Through as defined in 40 CFR, 403.3n; shall mean the discharge of pollutants through the RWRF in ga.~ntities or concentrations which are a cause in whole or ill part of a violation of any requirement of the WRF's discharge order. Permittee shall mean a person who has applied for and received permission to discharge into the District's sewerage system subj-ect to the requirements and condition~ established by the District. Person shall mean any individual, partne.~ship, firm, association, corporation or public agency, including tke State of California and the United States of Am{rica. Pollutant shall mean any constituent or characteristic of wastewater on which a discharge limitation or prohibition may be imposed either by the District or the regulatory agencies empowered to regulate the District. Pollutant-Free Wastewater shall mean rainfall, rocf runoff,groundwater, subsurface drains, single pass cooling, or similar wastewater which is essentially free cf pollutants. Pretreatment shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to discharge of the wastewater into a collection agency's system. The reduction or alteration may be obtained by physical, chemical or biological process or process changes, or by other means. Pretreatment Facility shall mean any works or devices for the treatment or flow control of wastewater prior to discharge into a public sewer main. 2. 1. 54. 2. 1. 55. 2. 1. 56. 2. 1. 57. 2. 1. 58. 2. 1. 59. 2. 1. 60. 2. 1. 61. Principal or Significant User shall mean any discharger that (a) can discharge a flow greater than 5% of the flow carried by the collection agency public sewer main receiving the discharge; or (b) does or is able to discharge incompatible or toxic pollutants at a rate of 25,000 gal/day and/or is a Categorical User. Priority Pollutants .shall mean a listing of the toxic pollutants identified by EPA as having the greatest environmental concern and as incompatible and requiring pretreatment prior to discharge in order to prevent interference with 'operation, sludge contamination, or treatment system pass-through into receiving water or into the atmosphere. Prohibited Wastes shall mean any wastes which may not be discharged to the RWRF. Public AQencv shall mean the State of .California and any city, county, district, other local authority or public body within this state. Public Nuisance shall mean anything which: (1) is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, and (2) affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal, and (3) occurs during or as a result of tke treatment or disposal of wastes. Public Sewer Main shall mean any closed conduit, excluding building sewers, which is financed, installed, owned, operated, or maintained by a collection agency for the purpose of transporting wastewater from two or more building sewers. RCRA shall mean Resource Conservation and Recovery Act cf 1976 (32 U.S.C. 6901, et seQ.). ReGional Water Reclamation Facility (RWRF~ shall mean the District's appropriate sewage treatment plant designed to serve a specific area of the District. Local Limits may vary for each of those service areas. 2. 1. 62. ReQulatory Agencies shall mean those agencies affecting the operation of the District, including but not limited to the following: a) United States Environmental Protection Agency; 9 b) California State Water Resources Control Board (SWRCB); -. 2. 1. 63. 2. 1. 64. 2. 1. 65. 2. 1. 66. c) California Regional Water Quality Control Board, Santa Ana Region (CRWQCB,SAR); d) California Regional Water Quality Control Board, San Diego Region (CRWQCB,SDR) Residential User shall mean a household which discharges only compatible.domestic wastewater from a dwelling unit. Restaurants shall include, but not be limited to, retail establishments selling prepared foods and drinks for consumption on the premises. Institutional kitchens to ~.n¢lude, but not limited to, schools, h~spitals, convalescent/health care homes, community centers, etc., also; lunch Counters, and refreshment stands selling prepared foods/drinks for immediate consumption. Restaurants, lunch counters, and drinking places operated as a subordinate service facility by other establishments, shall be included. Sanitary Waste shall mean domestic quality wasrepeater frcm other than a dwelling unit. Seepage Pit shall mean the same as a Cesspool. 2. 1. 67. 2. 1. 68. 2. 1. 69. 2. 1. 70. 2.1.71. 2. 1. 72. Septic Tank shall mean a watertight receptacle which receives the discharge from a sewer system and is designed and constructed to retain solids, digest organic matter through a period of detention, and allow the liquids to discharge for dispcsal. Septic Tank PumDer shall mean any commercial pumper that is permitted by Riverside County Department of Health as Non- Hazardous Liquid Waste Hauler, discharging domestic and sanitary wastewater only. Sewage shall mean wastewater. Sewerage Facilities shall mean any and all facilities used for collecting, conveying, pumping, treating and disposing of wastewater. Shall "Shall" is mandatory. Single Pass Cooling shall mean unpolluted water used for the absorption and immediate discharge of excess thermal energy to the environs prior to heat exchange and reuse. 10 2. 1. 73. 2. 1. 74. 2. 1. 75. 2. 1. 76. 2. 1. 77. 2. 1. 78. 2. 1. 79. 2. 1. 80. S!Uq shall mean any discharge of water or wastewater which, in concentration of any given constituent or in quantity of flow, exceeds five (5) times the average 24-hour concentration of flows during normal operation for a period of fifteen (15) minutes or more and/or has a significant adverse impact, either singly or in combination with other discharges, on the collection agency's sewer system or the quality of the effluent from the involved District treatment plant. Spill Containment shall mean a protection system installed by the permittee to prohibit the accidental discharge to the sewer of incompatible pollutants. The spill containment system(s) shall comply with local regulations but in no case will it contain less than 110% of the volume of the largest tank or 110% of the sum of volumes of the drums stored there- in. In addition, any uncovered containment system shall have sufficient capacity to contain precipitation from at least a 24-hour, 25-year storm. Standard Industrial Classification (S.I.C.) shall mean a system of classifying industries as identified in the S.i.C. Manual, 1972, or subsequent edition, as prepared by the Office of Management and Budget. Total Dissolved Solids (TDS~ shall mean those solids capable of passing through a standard glass fiber filter and dried to constant weight at 180°C, also referred to as Total Filtrable Residue (TFR). Total Susmended Solids (TSS] shall mean those solids which are retained by a standard glass fiber filter and dried tc constant weight at 103-105 degrees Celsius. Also referred 5o as Non-filtrable residue. Toxic Pollutants shall mean those substances which, individually or when combined with other substances normally found in domestic sewage, result in wastes in a collection agency sewer system in concentrations or quantities which could have an adverse or harmful effect on such sewer system facilities, sewer treatment plant operations and maintenance personnel or equipment, treated sewage effluent quality, water reclamation procedures, public or private property, or which may endanger the public, local environment, or create a public nuisance. Unpolluted Water shall mean water to which no constituent has been added either intentionally or accidentally. User shall mean any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer. User shall mean the same as Discharger. 11 2. 1. 82. 2. 1. 83. 2. 1. 84. 2. 1. 85. 2. 1. 86. 2. 1. 87. 2. 1. 88. 2. 1. 89. 2. 1. 90. 2. 2. User CharGe shall mean a charge established and levied by the District that provides for the operation and maintenance expenses, capital recovery and adequate reserves for the sewage treatment and transmission works upon residential, commercial and industrial users in proportion to their use of the facilities. Violation Charge shall mean that charge levied against a permittee for costs incurred by the District as a result of a waste discharge permit violation. Waste shall mean sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human or animal nature, including such wastes placed within cont%iners of whatever nature prior to and for the purpose of disposal. Waste DischarGe Permit ¢WDP) shall mean the periodically renewable, revocable permission to discharge non-domestic wastewater to the public sewer main subject to technologically based limits on wastewater constituents and characteristics. Waste Discharce. Permit Fee .shall mean the charge levied by the District to issue or rene~ a Waste Discharge Permit. Waste DischarGe Permit Violation shall mean the failure by a permittee to comply with this Ordinance, any permit conditions or reporting requirements as contained in their Waste Discharge Permit. Waste Hauler shall mean septic tank pumper. Wastewater shall mean waste and water, whether treated or untreated, discharged into or permitted to enter a public sewer. Wastewater Constituents and Characteristics shall mean the individual chemical, physical, bacteriological and radiological parameters that serve to define, classify or measure the quality and quantity of wastewater. Water Softener shall mean any device with cation-exchange capabilities. (See 4.6.2). Words used in this Ordinance in the singular may include the plural and the plural singular. Use of masculine shall mean feminine and use of feminine shall mean masculine. 12 ARTICLE 3 USE OF PUBLIC SEWERS 3. 1. 3. 1. 1. 3. 1. 2. SEWER HOOKUP REOUIRED When required by the Local Building Authority to connect the public sewer main the said charger shall make application to the collection agency for sewer service. Such applicaticn shall be forwarded to the District for processing. No person shall make any connection to a public sewer main or appurtenance thereof without first obtaining a sewer connection permit from the District or public agency with jurisdiction of the sewer system. Such connection shall comply with the regulations set forth in this Ordinance. Such sewer connection pezmit shall be in addition to any and all permits required by the local Building Authority cr Collection Agency. 3. 2. 3. 2. 1. 3. 2. 2. 3. 2. 3. 3. 2. 4. PRETREATMENT STATEMENT OF APPROVAL All commercial accounts proposing to discharge into the collection agency's sewer system must first obtain a Pretreatment Statement of Approval from the District. Commercial accounts discharging to the collection agency must, prior to construction or occupancy, submit plans and/or sufficient documentation to assure compliance with State, Federal and Local pretreatment programs. All commercial accounts must complete a survey outlining business activity and proposed sewer use. All commercial accounts shall obtain the following: Industrial Waste "First Release Statement", Industrial Waste Survey Form(s). The proposed discharge shall consist of only compatible pollutants, arrangements shall have been made to pay any collection agency fees or charges. 13 3. 2. 5. 3. 2. 6. 3. 3. 3. 3. 4. 1. 3. 4. 2. Tenant improvements, excluding sanitary dischargers, and all new commercial construction will require the submittal of .... detailed plumbing plans for approval. The plans must clearly show a separation of sanitary and industrial waste. Waste streams may be combined downstream of pretreatment and sampling equipment, all sewer connections, pretreatment, and sampling/monitoring equipment, must be shown. Where applicable, rough plumbing must be inspected prior backfilling to document uniformity with approved plans. SEWER CONNECTION PERMIT To provide the maximum public benefit from the use of sewerage facilities, written authorization to use said facilities is re~ired. This written authorization shall be in the form of a connection permit. Connection permits shall be issued in compliance with the District's and public agency's standards and regulations. Said public agency standards and regulations can be more restrictive but not ~ess than the District's standards and regulations. Connection permits shall be issued unless all fees, charges, permits and o~ applications have been received by the collection agency. Connection permits shall be issued by the collection agency. COSTS All costs and expenses incidental to all connections to a District public sewer main shall be borne by the discharger. The involved discharger shall indemnify the District from all losses or damages which may result from the actions of such discharger, his contractor or agent, associaued with the installation or maintenance of such a connection to a District public sewer main. All construction, reconstruction, or maintenance of a building sewer on private property shall be accomplished by the discharger at his sole expense. 3. 5. 1. CONNECTION RULES The connection of a building sewer to a District public sewer main shall conform to the requirements of applicable building and plumbing codes, and the current collection agency rules and regulations. All such connections shall be gas-tight and watertight as verified by proper testing. Any deviation from such codes and/or District rules and regula¢ions must be approved, in writing, by the regulatory agency having jurisdiction thereof, prior to the installation of the connection. 14 3. 5. 2. Following issuance of a sewer connection permit to the collection agency public sewer 'main, the discharger shall notify the collection agency when the building sewer is ready for connection to the collection agency's public sewer main. The physical connection of the building sewer to the District's public sewer main and the testing thereof shall be accomplished by the collection agency with the costs associated therewith being included as a part of the said collection agency fee provided for in Section 3.2.4. hereinabove. 3. 5. 3. Whenever, in the opinion of the collection agency there exists the possibility of sewage from a collection agency public sewer main flooding private property as a result of a stoppage in a collection agency public sewer main, an antiflooding device, approved by the collection agency, shall be incorporated in the building sewer. This device shall be installed at the discharger's expense. 3. 5. 4. All excavations for a building sewer installation and connection thereof to a collection agency public sewer main shall be adequately guarded with barricades and lights to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a satisfactory manner by the discharger as determined by the collection agency 15 ARTICLE 4 GENERAL PROHIBITIONS AND LIMITATIONS ON DISCHARGES 4.1 4. 1. 1. 4. 1. 2. 4. 1. 3. 4. 1. 4. ~ 1. 5. 4. 1. 6. 4. 1. 7. 4. 1. 8. 4. 1. 9. 4. 1. 10. PROHIBITED CONDITIONS No user shall discharge a quantity or quality of wastewater which causes or is capable of causing, either alone cr by interaction with other substances or with flow rates ~hich will cause interference with the RWRF: A fire or explosion; Obstruction of flow in the sewer system or damage to the sewerage facilities; Danger to life or safety of any person; Impairment of the effective maintenance or operation sewerage system; of the The release of toxic or malodorous gas-producing substances; Interference as defined in Section 2.1.37. Pass-Through as defined in Section 2.1.47. Wastewater effluent or any other product of the treatment process, residues, sludges or scums, deemed to be unsuitable for reclamation, reuse or disposal; Discoloration or any other condition which affects the quality of the RWRF effluent in such a manner that discharge requirements established by regulatory agencies cannot be met. Conditions which violate any statute or any rule, regulation, or ordinance of a public agency or regulatory agency having jurisdiction over the discharger of wastewater through the sanitary system. 16 4. 2, 4.2.1. 4. 2. 2. 4. 2. 3. 4. 2. 4. 4. 2. 5. 4. 2. 6. 4. 2. 7. 4. 2. 8. 4. 2. 9. 4. 2. 10. 4. 2. 11. 4. 2. 12. PROHIBITED DISCHARGES No person shall discharge any of the following to a public sewer main. Pollutant-free wastewater. Rain water, storm water, ground water, street and/or parking lot drainage, roof drainage, yard drainage, water from yard fountains, ponds, swimming pools lawn sprays or any other uncontaminated water, except where prior approval for such discharge of uncontaminated water is given by the General Manager. Street, surface yard drainage, or groundwater. Unpolluted water or single-pass cooling water. Gasoline, benzene, naptha, fuel oil, and/or other flammable or explosive liquid, solid or gas, except as provided in Sections 4.3.3. and 4.3.4. Water-miscible engine/machine coolants, limited to ethylene glycol. such as, but nou Waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interactions with other wastes, to injure or interfere with any waste treatment process, preclude attainment of discharge requirements, constitute a hazard to humans cr animals, create a public nuisance or hazard in the receiving waters for the effluent from RWRF. Radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by state cr federal regulations. Wastes or wastewater containing substances that may precipitate, solidify or become viscous at temperatures between 50 degrees Fahrenheit (10 degrees Celsius) and !00 degrees Fahrenheit (38 degrees Celsius). Recognizable portions of the human or animal anatomy. Infectious wastes as defined in the California Health and Safety Code. RCRA manifested wastes to include substantially unpolluted water from site remediation project. 17 4. 2. 13. 4. 3. 4. 3. 1. 4. 3. 2. 4. 3. 3. 4. 3. 4. 4. 3. 5. 4. 3. 6. 4. 3. 7. 4. 3. 8. 4. 3. 9. 4. 3. 10. Discharges with flow rates which will cause interference with the RWRF ..... GENERAL LIMITATIONS To preclude harm to the public sewers or the RWRF; attainment of discharge requirements; or adverse affects on receiving waters; damage to public health; creating a public nuisance; and to comply with categorical pretreatment standards; wastes discharged to a public sewer main shall not exceed or violate any of the following: A temperature higher than 104 degrees Fahrenheit (40 degrees Celsius). A pH less than 6.0 or greater than 9.0. 100 mg/L floatable oils, fat, or grease of non-mineral oil origin or with a flow rate which will cause interference with the RWRF. 25 mg/L of petroleum oil, nonbiodegradable cutting oils, or products of mineral oil origin. Dissolved sulfides above a concentration of 0.1 mg/L. Quantities of flow, concentrations, or both, which constitute a "slug" or with a flow rate which will cause interference with the RWRF. Contain material which will readily settle or cause an obstruction to flow in the sewer, such as, 'but not limited to, sand, mud, glass, metal filings, diatomaceous earth, asphalt, dead animals, wood, bones, hair, and fleshings or with a flow rate which will cause interference with the RWRF. Contain other materials, including, but not limited to, ammonia, biochemical oxygen demand, chemical oxygen demand, total organic carbon, priority pollutants, suspended solids, oil or grease of animal or vegetable origin, total dissolved solids, and phenolic compounds, in quantities that may cause or are found to cause interference or problems in the sewerage facilities or passthrough. Produce a gaseous mixture that is 10% or greater of the lower explosive limit (LEL). Contain substances which are not amendable to treatment or reduction by wastewater treatment pro~esses employed by the District, including, but not limited to, any liquid, solid, or gaseous compound defined as a hazardous or toxic waste in 18 4. 3. 11. 4. 3. 12. 4. 3. 13. the federal, state, or local regulations or with a flow rate which will cause interference with the RWRF. Garbage ground to a fineness of 3/8" or less may be discharged to public sewer mains from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage results from the preparation of food for human and/or animal consumption. Pretreatment requirements for commercial dischargers may be required. Batch discharges which violate'the applicable local limit(s). Any applicable Federal (40 CFR, Subchapter N, Parts 401-407) or State standards or other local regulations covering wastewater disposal. '4. 4. !. 4. 4. 2. 4. 4. 3. 4. 4. 4. 4. 4. 5. 4. 4. 6. 4. 4. 7. SPECIFIC DISCHARGE CONSTITUENTS AND CHARACTERISTICS In order to insure compliance with the individual Discharge Requirements for each of its RWRF's, Local Limits cn discharges to public sewer mains must be established. These Local Limits will establish the maximum quantity of any physical, biological, mineral, metal or priority pollutant allowed to be discharged into any sewerage facility. The Local Limits for each RWRF will be based upon the appropriate Discharge Requirements, plant removal efficiencies, plant domestic waste flow, plant non-domestic waste flow, water supply to RWRF, and the rate of growth in the RWRF flows. The Local Limits which are applicable Facilities are listed in Table No. 1. to all District The Local Limits specific to the Hemet-San Jacinto RS~-RF are listed in Table No. 2. The Local Limits specific to the Perris Valley RWRF are listed in Table No. 6. The Local Limits specific to the Rancho California RWRF are listed in Table No. 5. The Local Limits specific to the Moreno Valley RWRF are listed in Table No. 3. The Local Limits specific to the Sun City RWRF are listed in Table No. 4. The Local Limits specific to the Winchester RWRF will be listed in Table No. 7, at such time as the RWRF is constructed. 19 4. 5.. LIMITATIONS ON POINT OF DISCHARGE No person, except local collection agencies involved in maintenance' functions of sewer facilities, shall discharge any wastewater directly into a manhole or other opening in a sewer other than through a building sewer which has received a connection permit. 4. 6. 4. 6. 1. 4. 6. 2. 4. 6. 3. LIMITATIONS ON WATER soFTENERS It is unlawful to install, replace, or enlarge apparatus for softening all or any part of the water supply to any premises when. such apparatus is an ion-exchange softener, a demineralizer of the type that is regenerated on the site of use with the regeneration wastes being discharged to the District sewerage system. This section shall not apply to apparatus of the type which is regenerated off-site by a water conditioning company. A person installing or operating a legal water treating apparatus of any kind shall make such apparatus a~cessible to the General Manager or his designee for inspection at all times and sh=11 make such reports relative tc such apparatus as the District may request. LarGe commercial sized water softeners installed Drior to the adoption of Ordinance 59.2: The discharge of wastewater into a public sewer main resulting from the regeneration of any water softener unit or combination of units larger than 1.2 cubic feet capacity, in any concentration, is specifically prohibited. In this regard, all such.wastewater resulting from the on site regeneration of water softener units for which the discharge of wastewater into a public sewer main is prohibited by this Subsection shall be disposed of by, and at the exclusive expense of, the involved owner or rental water softening service operator by hauling such waste to an approved disposal facility. Residential sized water softeners installed prior to the adoption of Ordinance 59.2: The discharge of wastewater into a public sewer main from the regeneration of a residential water softener smaller than 1.2 cubic feet capacity may be allowed subject to all of the following conditions: a) The appliance is certified to control the quantity of salt used per regeneration by a preset device and the settings of such device are limited so that a salt efficiency rating of no less than 2850 grains of hardness removed per pound of salt used in regeneration is achieved and; 20 4. 7. b) The installation of the appliance was accompanied by the simultaneous installation of the following softened or conditioned water conservation devices on all fixtures using softened or conditioned water: l) Faucet flow restrictors. 2) Shower head restrictors. 3) Toilet reservoir dams . 4) A piping system installed so that untreated (unsoftened or unconditioned). supply water is carried to hose bibs and sill cocks which serve water to the outside of the house. c) The Discharger shall have obtained a Class VI permit as required by Article 7. LIMITATIONS ON SEPTIC TANK, CESSPOOL, AND HOLDING TANK WASTES A septic tank pumper proposing to discharge septic tank, cesspool, holding tank wastes or other sanitary waste into a sewerage facility must have both a valid Riverside Ccunty Health Department Permit and a Class V Permit as required by Article 6. Such waste-waters shall be discharged only a~ a location specified by the District. No person shall discharge constituents in excess of those specified in their respective Waste Discharge Permit. 4, EXCESSIVE DISCHARGE No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards, or in any other pollutant-specific limitation developed by the District or State. 21 ARTICLE 5 PRIVATE W~STEW~TER DISPOSAL 5. WASTEWATER DISPOSAL SYSTEM REOUIRED Where sewer service is not or cannoa be feasibly made available, building sewers may be conaucted to a private wastewater disposal system upon approval of the Riverside County Department of Public Health. 5. 2. CONNECTIONS Before wastes or wastewaters from any structure which has been previously served by a private wastewater dispcsa! system are discharged into a collection agency public sewer main, a Pretreatment Statement of Approval and a connection permit shall be required. No cesspool or septic tank effluent may be discharged directly into a public sewer main unless specifically authorized in the connection permit. 5o 3. CESSPOOL. SEPTIC TANK AND HOLDING TANK WASTES Cesspool, Septic Tank and Holding Tank pumpings containing only domestic and/or sanitary wastes will be accepted only at District designated locations from holder of valid Class V permits. No cesspool or septic tank may be pumped directly into a public sewer main unless specifically approved by the District under emergency or other abnormal short duration circumstances. Wastes from Industrial and/or commercial process sources are prohibited and may not be discharged by a hauler to the public sewer system. Discharge of such non- septic wastes into the public sewer system will constitute a violation of this Ordinance and will subject the hauler to the penalties provided in Article 8 of this Ordinance. 22 ARTICLE POWERS AND ~UTHORITIES 6. 1. 6. 1. 1. 6. 1. 2. 6. 1. 5. 6. 1. 6. 6. 1. 7. 6. I. 8. INFORMATION REOUIRED To provide for fair and equitable use of sewerage facilities, the District shall have the unqualified right to require a discharger to provide all information necessary to insure compliance with all rules, regulations and provisions of this Ordinance. Such information may include, but is not limited to: Wastewater discharge peak flow rates and volume over a specified time period. Physical, chemical, bacteriological, or radiological analysis of wastewaters. Information on raw materials, processes, and products. Quantity and disposition of Specific liquid, solvent, or other materials. sludge, oil, Details of wastewater pretreatment facilities. Details of systems to prevent and control the losses cf materials through spills to the involved public sewer main. Detailed plumbing plans indicating all sources discharging to the on or off-site pretreatment or sewerage facilities. All information and data on a user shall be available to the public and governmental agencies without ~estriction unless the user specifically requests and is able to demonstrate to the satisfaction of the District that the release of such information would divulge information, processes or methods which would be detrimental to the user's competitive position. The demonstration of the need for confidentiality made by the permittee must meet the burden necessary for holding such information from the general public under applicable State and Federal law. In any event, information 23 6. 2. 6. 2. 1. concerning wastewater quality and quantity will not be deemed confidential. ACCESS District personnel shall have access to private property as set forth in Section 7.4.1. 6. 6. 3. 1. 6. 3. 2. 6. 3. 3. 6. 3. 4. 6. 3. 5. 6. 3. 6. 6. 3. 7. 6. 3. 8. 6. 3. 9. POWERS The General Manager or his designated authorized to do any of the following: representative is Issue Connection permits; Issue Waste Discharge permits; Require the installation of pretreatment and/or monitoring facilities.; Conduct inspections of facilities; Re~:ire monitoring and reporting of discharges to the public sewar mains; Monitor the quality of wastewater in the sewerage facilities; Require the development of Spill reporting of Accidental Discharges; Containment Plans and Take enforcement actions against those who violate or cause violation of this Ordinance. These actions may include, but are not limited to, the following: a) c) d) e) f) g) Warning Letters; Issuing Non-Compliance Notices; Issuing Cease and Desist Orders; Petition the courts for injunctions or civil penalties; Sign criminal complaints; Terminate services; Require payment of violation charges. 6. 4. DELEGATION OF AUTHORITY Any of the duties of the General Manager established by thi~ Ordinance may be delegated by General Manager except for there consideration specified in Article 8.4.1. 24 · ARTICLE ? W~STE DISCHARGE PERMITS 7.1. 7. 1. 1. 7. 1. 2. 7. 1. 3. 7. 1. 4. 7. 1. 5. 7. 1. 5. WASTE DISCHARGE PERMITS REOUIRED All industrial users discharging wastes to a public sewer main, either directly or indirectly, shall be in possession of a valid Waste Discharge Permit. Waste Discharge Permits shall be expressly subject to all provisions of this Ordinance, all other regulations, charges for use, and fees established by the District. Conditions of wastewater discharge permits shall be uniformly enforced by the District in accordance with this Ordinance and applicable State and Federal regulations. All Categorical users and all commercial/industrial users discharging mcre than 10,000 gallons per day, shall obtain a Class I Waste Discharge Permit. All commercial/industrial users discharging flows of less than 10,000 gal/day and more than 100 gal/day shall obtain a Class II Waste Discharge Permit. All non-categorical commercial/industrial users wiuh industrial activity discharging less than 100 gal/day shall obtain a Class III Waste Discharge Permit. All restaurants with an industrial discharge shall obtain a Class IV Waste Discharge Permit. All septic tank pumpers Discharge Permit. shall obtain a Class v Waste All users discharging water softener regeneration brines to the public sewer shall obtain a Class VI Waste Discharge Permit. 25 7. 2. WASTE DISCHARGE PEk~IT APPLICATIONS 7. 2. 1. 7.2.2. 7. 2. 3. 7. 2. 4. 7. 2. 5. 7.2.6. 7. 2. 7. 7. 2. 8. 7. 2. 9. 7. 2. 10. 7. 2. 1!. 7. 2. 12. Users seeking a waste discharge permit shall complete and file with the District, under penalty of perjury, an application on a form prescribed by the District. The applicant shall be required to submit, as appropriate any and all of the following items necessary to fully evaluate the proposed discharge and its effect on the sewerage facilities: Name, address, assessor's parcel number(s) and S.I.C. number(s). Wastewaters discharge peak flow rates and volume over a specifi.~d time period. Waste%a=ers constituents and characteristics as de¢~med necessary by the District, including, but not limited to, those mentioned in Article 4 of this Ordinance. These constituents and characteristics shall be determined by a laboratory certified by the California Department of Health Services. (DOHS) Times ~nd duration of all discharges. Water losses other than to sewer such as, but not limited to, landscaping, production usage, evaporative cooling, and wastewater hauled offsite. Information on raw materials. processes, and products. Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials. Details of wastewater pretreatment facilities. Details of systems to prevent and control the losses of materials through spills to the involved public sewer main. Number of employees and average hours of work per emplpyee per day. EPA Hazardous Waste Generator, if applicable. The applicant may also be required to submit site plans, floor plans, mechanical and plumbing plans and details to show all sewers, spill containment, clarifiers, floor drains, and appurtenances by size, location and elevation for evaluation. 26 7. 2. 13. Other information may be required to properly evaluate the permit application. After evaluation and acceptance of the data furnished, the District may issue a Waste Discharge Permit, subject to terms and conditions set forth in this Ordinance. 27 7. 3. WASTE DISCHARGE PERMIT ISSUANCE 7. 3. 2. 7. 3. 3. Upon payment of the designated Waste Discharge Permit fee, the General Manager or designee shall issue an.appropriate Waste Discharge Permit for each applicant(s) process or building sewer(s) as required. The Waste Discharge Permit may be issued for three(3) years, or such other time as in the opinion of the General Manager, may be appropriate, and contain adequate limitations, conditions, and stipulations so that compliance with this Ordinance will be assured. The permit shall contain only those items appropriate to insure compliance with this Ordinance. The Waste Discharge Permit Fee (WDPF) for all classes shall be computed according to the following formula: WDPF = P + Y [ (N x I) WHERE: P = Permit Processing Cost N = Number of each required annually I = Routine Inspection Cost Y = Effective length of permit in years Costs of P and I, are listed in Table $7. Waste Discharge fees ~nd charges, as of the a~option of this Ordinance, is set forth in the Tables herein. Any changes in fee schedules shall be automatically adopted herein. The Board reserves the right to change the schedule of' waste discharge fees and other cha£g~s at any time, or from time to time, subject to the terms of any existing waste discharge permits. These changes will be made by appropriate action of the Board of Directors of Eastern Municipal Water District. Waste Discharge Permits may contain the following limitations in wastewater constituents and characteristics: a) Mass emission rates regulating incompatible pollutants; b) Limits on rate and time of discharge or requirements for flow regulations and equalization; c) Limits on wastewater strength characteristics; d) Any other limitations necessary to protect the sewerage facilities; 28 7. 3. 4. Waste Discharge Permits may contain the following conditions: 7. 3. 5. a) Requirements for the user to construct and maintain, at his own expense, pH control, flow monitoring and/or sampling facilities; b) Requirements to submit water bills; c) Requirements to self-monitor; d) Requirements for submission of technical reports, discharge reports, and liquid waste manifest, baseline monitoring reports and other such program regulations reports as may be required by categorical, industrial and pretreatment program regulations in accordance with 40 CFR, 403.12. e) Other terms and conditions determined to be necessary to protect the District's system. Waste Discharge Permits may include the stipulations in accordance with 40 CFR, 403.12: following a) 'Requirements for maintaining plant records relating to wastewater discharge and liquid waste manifests as specified by the District for a period of not less than three years; b) Requirements to notify the District in writing prior to any expansion; c) Requirements to notify the District verbally and in writing of any accidental discharge, slug discharge and/or any violation of permit conditions, the discharger shall notify the District by telephone as soon as he or his agents have knowledge of the incident. Confirmation of this notification shall be made in writing as soon as possible, but no later than five (5) working days from the telephone notification. The written notification shall include pertinent information explaining reasons for the accidental discharge and/or slug load, and the date of the incident, as well as what steps are being taken to prevent the problem from recurring. Such notification shall not relieve the user any expense, loss, damage or other liability which may be incurred as a result of damage or loss to the District or any other damage or loss to person or property; nor shall such notification relieve the user of any fines or other liability which may be imposed by this Article or other applicable law. d) Requirements to develop and implement a spill containment program for accidental discharge of prohibited materials or 29 7. 3. 6. 7. 3. 7. 7. 3. 8. other wastes regulated by this Ordinance and shall be designed to include said spill containment program to secure the discharges and to prevent them from entering the sewer system and shall provide seperation of all non-compatible materials as approved by the General Manager or designee. Such facilities will be provided and maintained at the user's expense. e) Other provisions which may be applicable to insure compliance with all provisions of this Ordinance. User shall provide wastewater acceptable under the limitations established herein before discharging to any public sewer. Any facilities required to pretreat, sample, or control wastewater shall be provided and maintained at the user's expense. Detail plans showing the ~-etreatment facilities and operating procedures, including accidental discharge procedures, shall be submitted to the District for review. The review and approval of such plans and operating procedures by the District will not relieve the user from the responsibility of modifying the facility in the future as necessary to produce an effluent 'acceptable to the District under the provisions of this Ordinance. No user shall ever increase the use of water or in any other manner attempt to 'dilute a discharge as a partial or complete substitute for adequate methods for the reduction of pollutant~ to achieve compliance with this Ordinance or the user's per, it. Wastewater discharge permits issued under this Ordinance are for a specific user, for a specific operation at a specific location and create no vested rights. Discharge permits shall not be transferred for an operation at a differen~ location nor foe a new or changed operation without prior approval of the General Manager. Upon the sale or transfer of ownership of any business operating under a permit issued by the District, the permittee shall notify the District in writing prior to the transfer. The successor owner shall be required to apply for and receive a new permit in accordance with the provisions of this Ordinance. 7. 7. 4. 1. WASTE DISCHARGE MONITORING The District shall be permitted to enter all properties from which wastes or wastewaters are being or are capable of being discharged into a public sewer main for purposes of inspecting, observing, measuring, sampling, and testing pertinent to the discharge of wastes or wastewaters to ascertain whether the intent of this Ordinance is being met and the user is complying with all requirements. Persons or 3O 7. 4. 2. 7. 4. 3. 7. 4. 4. occupants of premises where wastewater is created or discharged shall allow the District, or its representatives, access at reasonable times to all parts of the wastewater generating and disposal facilities for the purposes of inspection and sampling. The District shall have the right to set up on the user's property such devices as are necessary to conduct sampling or metering operations. Where a user has security measures in force, the user shall make necessary arrangements so that personnel from the District will be permitted to enter without delay for the purpose of performing their specific responsibilities. Tke District inspectors are hereby authorized to require and obtain, and copy (in accordance with 40 CFR, 403.12 [1,2]), discharger is hereby required to provide all necessary pertinent information concerning industrial processes which have any bearing on the content, quantity, and source of discharge to the sewerage facilities, except that the discharger may request, under special circumstances, that the District keep confidential information considered by such discharger to be confidential, in which event such discharger must establish to the District's satisfaction that the revelation of the information in question might result in an advantage to the discharger's competitors. In no event will the District keep confidential effluent data as defined by federal laws and regulations. The District may require wastewater constituents and characteristics for any limitations and requirements specified in the waste discharge permit to be determined by the discharger. Monitoring reports on these constituents and characteristics may be requested by the District. The frequency and determination of monitoring and reporting shall be set forth but not limited to the permit. All reports required of the discharger shall be submitted under penalty of perjury. The analyses of the constituents and characteristics shall be by a State Certified Laboratory. The preparation of the monitoring report, if by other than the discharger, shall be by a firm approved by the District. Monitoring/Metering Facilities a) District may require the user to construct and maintain, at the user's expense, flow monitoring and/or sampling facilities. b) Any sample taken from a sample box, sampling manhole or other representative sampling location is presumed to be discharging to the public sewer. c) Monitoring or metering facilities shall be provided if required with a security closure that can be locked with a 31 7..4. 5. District-provided hasp lock during sampling or monitoring. At all other times, Permittee may keep their facilities secured. While performing necessary work on private properties pursuant to this Ordinance, District inspectors shall observe all safety rules applicable to the premises established by the discharger, and the discharger shall be held harmless for injury or death to District employees, and the District shall indemnify the discharger against loss or damage to its property by District inspectors and against liability claims and demands for personal injury or property damage asserted against the discharger growing out of the District's inspecting, observing, measuring, sampling, and testing operations, except for personal injury or property damage which may have been caused by negligence on the part of or failure by the discharger to maintain safe conditions. 32 ARTICLE ENFORCEMENT 8. 1. 1. 8. 1. 2. 8. 1. 3. 8. 1. 4. 8. 1. 5. 8. 1. 6. ENFORCEMENT POLICY While the District is willing to cooperate with all dischargers on improvements in wastewater quality, it must be in a position to insure that uncooperative dischargers are required to comply with this Ordinance and any individual waste discharge permit conditions. Any of the following is reason for enforcement action: Failure to file a Waste Discharge Permit Application. A person knowingly giving false statements, representation, record, report, plan or other document to the District or falsifying, tampering or knowingly rendering inaccurate any monitoring device or method required under this Ordinance. Failure of the user to report significant changes in operations or wastewater constituents and characteristics in accordance with 40 CFR, 403.12. Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring. Violation of the permit requirements or conditions and/or violations of this Ordinance. Failure to pay fees and charges for use established pursuant to this Ordinance. Therefore, the following enforcement procedures are included in this Ordinance. 8. 2. ENFORCEMENT ACTIONS The following enforcement actions may be taken against those who violate or cause violation of the Waste Discharge Permit 33 8. 2. 1 8. 2. 2. 8. 2. 3. 8. 2. 4. or of this Ordinance; these actions are not cumulative in the sense that any one is a condition precedent to another. WARNING LETTER A warning letter may be sent to the discharger. Said letter shall describe the violation and set forth a timetable or time limit for correction thereof. NOTICE OF NON-COMPLIANCE A Notice of Non-Compliance shall be issued whenever a Waste Discharge Permit violation occurs which does not imminently endanger human health or welfare. The Notice of Non- Compliance shall be served in person by a District Representative or by certified or registered mail, rnturn receipt requested, and shall require a response witPin no more than ten (10) working days. If the permittee claims immediate correction of the violation(s) this shall be verified at 'the permittee's expense. However, if tke permittee suggests a time schedule to correct the permit violations, and if in the opinion of the General Manager a time schedule is required to obtain compliance, an Enforcement Compliance Schedule shall be issued. Such an Enforcement Compliance Schedule may include the appropriate violation charges listed in Table 8. CEASE AND DESIST ORDERS A Cease and Desist Order shall be issued whenever in the opinion of the General Manager, a Waste Discharge Permit violation i,~-uminently endangers h~man health and welfare, a dischar~er has fai!e~ to comply with a Notice of Non- Compliance, or a discharger has failed to obtain the appropriate Waste Discharge or Connection Permit. The Ceasa and Desist Order shall be served in person by a District Representative or by certified or registered mail, return receipt requested, and shall include the appropriate violation charges listed in Table 8. A Cease and Desist Order shall require the Discharger to: a) Cease discharge immediately; or b) Comply forthwith; or c) Comply in accordance with a time schedule set forth in the Cease and Desist Order. In ~he event of a discharge that reasonably appears to present an imminent endangerment to the health or welfare of persons or may present an endangerment to the environment or which threatens to interfere with the operation of the .... 34 District's RWRF, the discharger may be subject to immediate disconnect in conjunction with the issuing of a Cease and Desist Order. 8. 2.'5. FAILURE TO COMPLY WITH CEASE AND DESIST ORDER The failure of a discharger to comply with a Cease and Desist Order will result in the General Manager taking whichever combination of the following ~actions is deemed necessary: a) Revoke any wastewater discharge permit or terminate sewerage service to any premises. All costs for terminating service shall be paid by the permittee; all costs for reinstituting service shall be paid by the permittee. b) Suspend sewerage service when such suspension is necessary, in order to stop an actual discharge which presents or may present an imminent or substantial threat to the environment, causes interference to the District's sewerage facilities, or causes the District to violate any State or Federal law or regulation. c) Petition the Superior Court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate in restraining the continuance of such failure tc comply. d) Recommend that the District Board seek civil penalties from the Superior Court. e) Sign criminal complaints. 8. 3. 8. 3. t. 8. 3. 2. MISCELLANEOUS ENFORCEMENT ITEMS When a discharge of wastes causes an obstruction, damage, or any impairment to District or Collection Agency operation of facilities, the District may assess a charge against the discharger for the work required to clean or repair the facility or costs incurred to resume normal operations. A service fee of twenty-five percent (25%) of the costs shall be added to these charges. The total amount shall be payable within forty-five (45) days of invoicing by the District. If it can be shown that the discharge is the cause of the District violating its discharge requirements or incurring additional expenses or suffering loss or damage to the facilities, then that discharger shall be responsible for any costs or expenses, including assessments by other agencies or the court, incurred by the District. 35 8. 3. 3. 8. 3. 4. 8. 3. 5. 8. 3. 6. 8. 3. 7. When the District finds a user has willfully discharged concentrated incompatible pollutants in a manner or method that is unacceptable to the District, violation charges will be applicable as listed in Table 8. Any person who violates any provision of this Ordinance or waste discharge permit condition, or who violates any Cease and Desist Order, prohibition or effluent limitation, shall be liable civilly for a. penalty not to exceed $6,000 for each day in which such violation occurs. The District's legal counsel, upon authorization by the District's Board of Directors, shall file a civil action to recover any damages or penalties which have been assessed pursuant to Subparagraphs 8.3.1., 8.3.2., or this Subparagraph 8.3.4. and which have not been paid. Any person who violates any provision of this Ordinance or permit condition, or who violates any Cease and Desist Order, prohibition or effluent limitation, is guilty of a misdemeanor, which upon conviction is punishable by a fine not to exceed five hundred dollars ($500), or imprisonment for not more than six (6) months in the County Jail or both. Each day of violation may constitute a new and separata violation and shall be subjec~ to the penalties contained herein. The General Manager or his designated representative is authorized to sign criminal complaints to prosecute any such violation. Permittees that have previously been subject to enforcement proceedings resulting in the issuance of a Cease and Desist Order or the payment of a penalty or damages, may be required to post a security deposit with tha District in an amcunt determined by the General Manager before permission is granted for the further discharge to the sewer. In accordance with 40 CFR, part 25, the District will enforce the public participation requirement in accordance with 40 CFR, 403.8 (f, 2, vii). These procedures shall include provisions for at least annually providing public notification, in the largest daily newspaper published in the municipality in which the RWRF is located, of Industrial Users which, during the previous 12 months, were significantly violating applicable pretreatment standards, categorical pretreatment standards or other pretreatment requirements. 36 8. 4. 8. 4. 1. 8. 4. 2. 8. 4. 3. 8. 4. 4. APPEALS Any discharger, permit applicant, or permit holder affected by any decision, action, or determination made by the General Manager, interpreting or implementing the provisions of this Ordinance or in any permit issued herein, may file with the General Manager a written request for reconsideration within ten (10) working days setting forth in detail the facts supporting the user's request for reconsideration. Such facts shall include a statement listing newly discovered relevant facts that were not known or available to the user at the date of the appealed action. The General Manager shall render a decision on the request for reconsideration to the user, permit applicant or permit holder, in writing, within ten (10) working days of receipt of the request. If the ruling on the request for reconsideration, made by the General Manager, is unacceptable, the person requesting reconsideration may, within ten (10) days after the date of notification of the General Manager's action, file a written appeal to the Board. A fee of $100 shall accompany any appeal to the Board of Directors of the District. This fee will be non-refundable. The written appeal shall be heard by the District's Board of Director's at the next available meeting from the date of filing. The District's Board of Directors shall make a final ruling on the appeal within forty-five (45) days from the date of filing. Judicial review of any decision of the Board of Directors may Be made pursuant to Section 1094.5 of the Code of Civil Procedure only if the Petition for Writ of Mandate is filed not later than the ninetieth (90) day following the date cn which the decision becomes final. 37 ARTICLE 9 SEVERABILITY 9. SEVERABILITY If any provision of uhis Ordinance or the application to any person or circumstan~:es is held invalid, the remainder of the Ordinance or the application of such provision to other persons or other circumstances shall not be affected. 38 ARTICLE 10 REPEAL 10. 1. REPEAL The Ordinance No. 59 is hereby repealed on the effective date hereof and all Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with the provisions of this Ordinance. 39 ARTICLE 11 EFFECTIVE DATE 11. 1. EFFECTIVE DATE The effective date of this Ordinance shall be April 4, 1990. 40 Table Local Limits for all District Facilities CONSTITUENT CONCENTI~TION Aluminum ..................... 40.00 Arsenic ................. 0.10 Barium ............................................. 3.90 Cadmium ............................................ 0.01 Chromium ........................................... 0.]0 Cobalt ............................................. 0.70 Copper ............................................. 0.25 Cyanide ............................................ 0.40 Iroh ............................................... 0.50 Lead ............................................... 0.10 Manganese .......................................... 0.15 Mercury ............................................ 0.009 Nickel ............................................. 2.00 Phenols ............................................ 17.00 Phosphates ......................................... 10.00 Selenium ........................................... 0.01 Silver ............................................. 0.03 Total Toxic Organics ............................... 2.13 Zinc ............................................... 0.50 mg/L mg/L mg/L mg/L mg/L mg/L mg/L rag/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L rag/L mg/L mg/L rag/L The above limitations will be re-evaluated on an annual basis and adjusted if necessary 41 Table 2 Local Limits for Hemet-San Ja¢into R.W.R.F. CONSTITUENT CONCENTRATION Boron ............................................ 5 mg/L Chloride ........................................ 225 mg/L Fluoride .......................................... 7 mg/L Hardness ........................................ 400 mg/L Sodium ......................................... 100 mg/L Sulfate ......................................... 360 mg/L Total Dissolved Solids .......................... 900 mg/L The'above limitations will be re-evaluated on an annual basis adjusted if necessary. and 42 Tabl · 3 Local Limits for Moreno Valley R.W.R.F. CONSTITUENT CONCENTRATION Boro~ ...................................... Chloride ................................... Fluoride ................................... Hardness ................................... Sodium ..................................... Sulfate .................................... Total Dissolved Solids ..................... 2 mg/L 200 mg/L 6 mg/L 130 mg/L 200 mg/L 250 mg/L 550 mg/L The above limitations will adjusted if necessary. be re-evaluated on an annual basis and 43 Table 4 Local Limits for Sun City R.W.R.F. CONSTITUENT Boron ......................................... Chloride ...................................... Fluoride ...................................... Hardness ..................................... Sodium ....................................... Sulfate ...................................... Total Dissolved Solids ....................... The above limitations will be re-evaluated on an adjusted if necessary. CONCENTRATION 2.25 mg/L 450 mg/L 7.0 mg/L 225 ~ng/L 180 mg/L 135 ng/L 720 .~Lg/L annual basis and 44 Table Local Limits for Rancho California R.W.R.F. CONSTITUENT CONCENTRATION Boron .......................................... 1.25 Chloride ....................................... 400 Fluoride ........................................ 1.35 Hardness ....................................... 270 Sodium ......................................... 250 Sulfate ........................................ 400 Total Dissolved Solids ......................... 500 mg/L mg/L mg/L rag/L rag/L rag/L mg/L The above limitations will be re-evaluated on an and adjusted if necessary. annual basis 45 Table 6 Local Limits for Pettis Valley R.W.R.F. CONSTITUENT CONCENTRATION Boron .......................................... 2.5 mg/L Chloride ...................................... 200 mg/L Fluoride ....................................... 5.0 mg/L Hardness ....................................... 150 mg/L Sodium ......................................... 105 mg/L Sulfate ........................................ 70 mg/L Total Dissolved Solids ......................... 780 mg/L The above limitations will be re-evaluated on an annual basis and adjusted if necessary .... 46 T~B LE 7 WASTE DISCHARGE PERMIT FEE COSTS CATEGORY PERMIT CLASS Permit Processing Initial Inspection Routine Inspection I II III IV $200 $100 $ 75 $ 50 100 100 50 50 80 5O 50 3O V $ 75 47 TABLE VIOLATION CHARGES Additional Inspections Additional S~mpling Additional Analysis Non-Compliance Meetings Equipment Replacement Facility Replacement Extra manpower required $100.00 · $ 75.00 ~ Cost $100.00 @ Cost @ Cost $ 50.00/hr. 48 RESOLWHON NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING INCLUSION IN THE CREATION OF THE RIVERSIDE COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT follows: The City Council of the City of Temecula does resolve, determine and order as WltEREAS, Section 5506.7 of the California Public Resources Code, as added thereto by Chapter 789 of the Statutes of 1989, authorizes the formation of a regional park and open space district in Riverside county; and WHEREAS, such regional park and open space district will be formed for the general purpose of acquiring, preserving, protecting, operating and maintaining open space, regional parks, habitat conservation areas, as well as hiking, biking and equestrian trails; and WHEREAS, any city within Riverside County may, by resolution of its governing body, chose to be included within the district's formation for both regional and local park and open space purposes; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula is hereby requesting inclusion in the Riverside County Regional Park and Open Space District. PASSED, APPROVED AND ADOPTED this 12th day of June, 1990. ATTEST: Ronald J. Parks, Mayor June S. Greek, Deputy City Clerk [SEAL] 2/RESOS/70 I 06107190 Riverside County Parks District Agency and Parcel List Agency Parcels Northwest 7one: Riverside Norco Jurupa District West 7one: Corona Elsinore Elsinore District 68,846 6,601 25,000 23,474 15,201 18,751 Southwest 7one: Temecula Valleywide District 12,855 ** 56,000 Central 7one: Moreno Valley Perris Hemet San Jacinto 37,253 7,634 11,809 5,022 North Central Zone: Banning Beaumont B.C.V.P.&R. District 8,478 3,335 3,545 Mountain: none Western Coachella Valley: Palm Springs Cathedral City Rancho Mirage Palm Desert Desert Hot Springs Indian Wells 26,577 16,779 10,168 16,417 9,112 6,4O7 Eastern Coachella Valley: La Quinta 9,559 Coachella 3,41 6 Indio 10,676 Coachella District * ** 28,000 * estimate ** total parcels are split between two zones 5/2/90 uJ Z 0 0 o z z Sierra Club San Gorgonio Chapter Serving Riverside and San Bernardino Counties Tahquitz Group · Los Serranos Group San Bernardino Mtns. Group · Mojave Group 568 N. Mountain View Ave., Suite 130 San Bernardino, CA 92401 (714) 381-5015 May 24,1990 Temecula City Council 43172 Business Park Dr. Temecula, Ca. 92390 To: From: Re: All City Council Members The San Gorgonio Chapter, Sierra Club Regional Park and Open Space District The members of the San Gorgonio Chapter of the Sierra Club are in favor of the establishment of a Regional Park and Open Space District in Riverside County. We believe this District will be in the best interest of all the County's residents. A secure and ongoing financial base will be provided through this District, allowing the acquisition of much needed parklands and habitat areas. For cities joining the District, a wide new vista of funding opportunities will become available - opportunities to acquire additional city park areas as well as sites for city recreational services. These opportunities provide a strong incentive for all the cities in Riverside County to join in this innovative new project. Please do become a member city today! resolution to: Forward your affirmative Mr. Paul D. Romero, Director County of Riverside Parks Department 4600 Crestmore Road P.O. Box 3507 Riverside, CA 92519 This affirmative resolution will be a strong, positive step into a sound financial future for the park and recreational services of your city. In the days, months and years ahead, your city's residents will thank you for the foresight you use today! ~:incerely, Stephen Hammond, Chair San Gc~r~onio en, oy ~ prese$~the ~%on ~s, wa~, Id , and wilderness ... ~o'~xpiore, Cha er t S' a "~ ~i life ... CITY OF TEMECULA AGENDA REPORT AB#: Iq TITLE: MTG: ~/s/go DEPT: ~'rs RECOHNEt'¢DATZO~: BACKGROUND: FISCAL IMPACT= ATTACHMENT: HAZARDOUS WASTE CITY CITY HGR Receive and File. At a previous Council Meeting, Councilmember Munoz raised questions concerning hazardous waste. At the direction of the City Manager, I contacted Mr. Mike Shetler, Supervising Hazardous Materials Management Specialist, County of Riverside. Mr. Shetler was requested to give our council a presentation and answer questions concerning hazardous waste. On June 1, 1990, I received the attached letter from Mr. Shetler to include in your agenda packages, summarizing the Household Hazardous Waste Program and Waste Oil Collection. None. Mr. Shetler's ltr of May 30, 1990, with enclosure. COUNTY OF RIVERSIDE /DEPARTMENT OF HEALTH 4065 COUNTY CIRCLE D~. ,J~1~.~~503 (M~ilinq Addre$~ - P.O. Box 7600 City of Temecula P.O. Box 300 Temecula, CA 92390 RE: Hous Dear Joe, May 30, 1990 ehold Hazardous Waste Pr-0gram and Waste Oil Collection 92513-7600) As we discussed over the phone the County of Riverside's Household Hazardous Waste Community Collection program has operated for two months. During the month of March we operated for four weeks and collected household hazardous waste from 539 families. During the month of April we collected household hazardous waste from 570 families. We were very encouraged from the number of people who participated in the program and believe that the program is an essential service to the community. However, the funding mechanism for this program is tied into the County landfill tipping fee. The Household Hazardous waste Community Collection program receives $ 0.25 per ton from all refuse accepted at all county landfills. This generates approximately $35,000 to $40,000 per month in revenue to support the activities of the Household Hazardous Waste Community Collection program. The next scheduled area for collection of household hazardous waste is planned for the month of October in the eastern portion of the county (Thousand Palms). Depending upon funding, State Department of Health Services constraints and manpower we will continue to operate the program county wide. After the Thousand Palms collection we have tentatively planned to move the collection center to the Temecula/Rancho California/Lake Elsinore area. The County of Riverside Department of Health is committed to providing a service that is professional, environmentally safe, and cost effective. Therefore, preplanning is essential for the Household Hazardous Waste Community Collection program to be successful. If you have any further questions regarding the Household Hazardous Waste Community Collection program or any recycling issues regarding hazardous materials or waste please contact me at (714) 358-5055. Sincerely Michael R. Shetler Supervising Hazardous Materials Management Specialist ClNDRA ROWELL, B.S.N., M.B.A.J.M. FANNING, R.S., M.P.A. H.C. HO~K, D.V.M.. M.P.H. E.R. COYNE. M.S. DEPUTY DIRECTOR OF HEALTH DEPUTY DIRECTO~ O~ HEALTH E.J. GALLAGHER, M.D., M.P.H., M.A.DEPUTY DIRECTOR O~ HEALTH DEPUTY DIRECTOR OF HEALTH PERSONAL HEALTH SERVICES ENVIRONMENTAL HEALTH SERVICES DIRECTOR OF HEALTH SPECIAL SERVICES * ADMIN. & SUPPORT SERVICES HEALTH CENTERS ~ 3055 RAMSEY STREET - B~, CA 92220 · 9LYTHE 263 NORTH BROADWAY - blithe, CA 92225 · CASA BLANCA 7240 MARGUERITA - Rivers,de. CA 92504 · CORONA 505 SOUTH BUENA VISTA - Corona, CA 91720 · HE:MET 680 NORTH STATE STREET - Hemat, CA 92343 · INDIO 46-209 OASIS STREET - indue, CA 92201 LAKE ELSINORE 30 ~ 95 FRASER DR. - Lake EIB~,ore, CA 92330 · PALM SPRINGS 3255 TAHOUITZ- M¢CALLUM - Palm Sl~rlnf,, CA 92262 · PEERIS 237 NORTH "D" ST. - Perri,, CA 92370 · RIVERSIDE 1520 LINDEN ST. - Riverside, CA 92507 · RUlalDOUX 5888 MISSION BLVD. - Rive~s~le, CA 92509 There are currently no gas stations in California/Temecula/Lake Elsinore Region of the accept waste oil from Do-It-Yourself home mechanics. the Rancho County that Article 15. Hanageaent of Used Oil (Added by State. 1986, Ch. 871) 2§250. (a) The Le$islature finds that almost 100 million sallens of used oil is generated each year in the state~ that this oil is a valuable petroleu~ resource which can. be recycled; and that, in spite of this potential for recyclinS, 8£~nificant quantities of used oil are vaste£ully disposed of or improperly used by means which pollute the eater, land, and air, and endanser the public health, safety, and eelfare. (b) The Lesislature also finds that readily available technolosies exist to recycle used oil into useful products and that used oil should be collected and recycled, to the maxixu~ extent possible, by means vhich are economically feasible and environ~entally sound, .in order to conserve irreplaceable petroleu~ resources, to protect the environ~ent, and to protect public health, safety, and eelfare. (Added by Stats. 1986, Ch. 871.) 2§250.1. As used in this article, the £ollovin8 ter~s have the follovin8 mean.inss~ Ca) 'Used oil' means any of the (1) Any oil that has been refined from crude oil, and has been used, and, as a result of use, has been contaminated vith physical or chemical l~purities. (l) tny oil that has been re£ined from crude oll and, as a consequence of extended storaie, splllase, or conta~ination vith nonhazardous t~purities such as dirt and eater, is no lonser useful to the stillnil purchaser. ($) Spent lubrlcatin$ fluids ehich have been removed from an engine crankcase, transmission, 8earbox, or dtfferenti&l of an automobile, bus, truck, vessel, plane, heavy equipment, or ~achinery posered by an internal combustion ensine.. (1) Spent industrial oils, 'includin$ compressor, .turbine, and beaten8 o11, hydraulic oil, metal-vorkin8 otl, refrigeration oil, and railroad dratnlnse. (5) Contaminated fuel oil vith a flash point 8rester than 100°F. 'Used oil' does not include oil vhich has a flash point belov or vhich has been intentionally mixed .vith hazardous vests, other than minimal a~ount8 of vehicle fuel. 'Used oil' also does not include oil vhich contains polychlortnated biphenyls (PCBs) at a concentration $ ppm or Steerer. Used oil containin8 more than 1,000 ppm total halosons shall also meet the ~nviron~ental Protection Asency requirements listed in paraSraph (c) of Section 266.&0 (excludin$ the exception referenced to parseraph (d)) of Title 40 of the Code of Federal Re8ulations. (b) 'Board' means the California Vaste Hanasement Board. (c) 'Recycled oil' means any oil, produced from used oil, vhich has been prepared for reuse and vhich achieves mint~u~ standards of purity, in liquid for~, as established by the department. This subdivision does not apply to oil vhich is to be disposed. The foileying standards of purity' are in effect unless the department, by resulation, establishes more stringent standardst (l) Flash pointt minimum standards set by the ~erican Society Testing and Haterials for the recycled products. -219- (2) Leads 100 ppm or less prior to January 1, 1988; $0 ppm or less on and after January 1, 1988. (3) Arsenic~ $ ppm or less. (4) Chromiua~ 10 ppm or less. (5) Cad~iu~ 2 .ppm or less. (6) Total Halosens~ ~,000 ppm or less, except that the resulatione of the Environmental Protection Agency resarding used oil contannins more than 1,000 ppm total halogens, as provided ~n paragraph (c) of Section 266.40 (excluding the exception referenced to parasraph (d)) of Title of the Codeof Federal Regulations (50 Fed. Reg. 49205) shall be met. (7) Polychlor~nated biphenyls (~CBs)~ less than 2 ppm. Compliance with these standards shall not be met by blend~n$ or dilut~n~ used oil with crude or virgin. oil and shall be determined ~n accordance with the procedures for identification and listens of hazardous vaste 'adopted ~n regulations by the department. (d) The s~andards se~ ~n subdivision (c) ~nclude the only concentrations allseed above the criteria adopted pursuit to Section 251~1. (e) Used oil vhich mee~s the standards set In subdivision (c), not hazardous pursuant to the criteria adopted pursuant to Section 2~111 for constituents other than those listed in subdivision (c), and is not ·hed vtth any vaste listed as a hazardous vaste ~ Part 261 (couenchl vtth Section 261.1) of Chapter I of Title lO of the Code of Federal letulattons is-not re~lated by the department. ~y person vho ienerates used oil, and vho cla~s ~hat the otl to exeapt iroe resulation pursuit to this subdivision, shall notify the departaent, ~ vrithi, of that cla~ ~d o~11 co~ply vtth. the test~S and recor~eep~s requirecents of $ectt~ 2~2~0.19 prior to its reuse. . In ~ action to enforce article, the burden is on ~e senerator and user of the used oll to pr~e ~at the oil aet those standards and criteril. (f) 'Osed oil recycles facility' eens a iacilltl vhich reproceases or referees used o11. (i) 'Osed otl storiie facility' eeno ~ storale iacilttl, as defied h subdivision (~) of Section 2~121.1, vhtch stores used otl. (h) 'Osed oil tr~sier ilcilitI' eeans ~ tr~sfer defied ~ subdivision (c) of Section 25123.3, that either stores used oil · for periods sreater th~ lii hours or that transfers used oil froe one conta~er or ~other. (~ended by Stats. 1989, Ch. 25250.3. Iny virgin oil product or partially refined product, which has not been previously used, which has become conta~inated with nonhazardous i~purities such as dirt or water, and which has been returned to bulk storase by the product's manufacturer, transporter, or wholesaler for gravity separation of contaminants, is exempt from this article. ~ny petrolenm product which becomes contaminated with any other petroleu~ product durin$ refining, transportation by pipeline, or storage and which remains usable as a refinery feed stock or as a refinery fuel is exempt from this article. (Added by State. 1986, Ch. 871.) -220- 25250.4. Used oil resulated by the department shall be manased as a hazardous v&ste ~n accordance vith the requirements of this chapter until it has been recycled. Used oil vhich is not recycled shall be disposed o£, or transported out of the state, as a hazardous vaste ~n accordance vith this chapter. (Added by Stats. 1986, Ch. 871.) 25250.5. (a) D£sposal of used oil by discharse to severs, drainass systems, surface or $roundvaters, vatercourses, or mar~e vaters~ by ~ncineration or burning as fuell or by deposit on land, is prohibited, unless authorized under other provisions of (b) The use of used oil, recycled oil, or oil exempted pursuant to subdivision (e) of Section 25250.~ as a dust suppressant or reed control agent is prohib£ted unless the oil meets the requirements of subdivision (e) of Section 25250.~ and additionally meets all of the folioring standardst Lead is less than 5 ppm. Cadmium is less than ~ ppm. (3) Total regulated halogens listed by the Environmental Protection Agency or the department as a hazardous vaste are ~00 ppm or less. (A~ended by Stats. 1989, Ch. 25250.7. No person vho generates, stores, or transfers used oil shall ~ntentionally contaminate used oil vith other hazardous vaste, other than m~n~nal s~nounts of vehicle fuel. (Added by Stats. ~989, 25250.8. Used oil shall be. manifested under either one of the folioring procedurest (a) The procedures prescribed by Sections 25160 and 25161. (b) The foilovens modified manifesting procedure, vhich may be used only by a registered hazardous vaste hauler and shall be used only vith the consent of the generatort (1) A separate manifebt shall be completed by each vehicle driver, vith respect to each transport vehicle operated by that driver for each date. (2) The hauler shall complete both the generator's and the haulerrs sections of the manifest using the hauler's name, Environmental Protection Agency identification number, terminal address, and phone number. The hauler's section shall be completed prior to commencing each day's used o~l collections. The driver shall sign and date the generator'8 ~nd hauler's sections of the manifest. (3) The hauler shall attach to the front of the manifest legible receipts for each quantity of used oil that is received from a generator. The receipts shall be used to determine the total volume of used oil in the vehicle. After the used oil is delivered, the receipts shall be affixed to the hauler's copy of the manifest. The hauler shall leave a copy of the rece£pt vith the generator of the used o~l. The generator shall retain each receipt for at least three years. (4) All copies of each receipt shall contain all of the folioring ~nforuation~ -221- (A) The name, address, and telephone nuaber of the generator, snd the 8i~nature of the generator or the generator'8 representative. The date of the shipment. (C) The state manifest number. (D) The volu~e of the used o~1 received and ~ts proper sh~pp~ description, ~clud~s the hazardous class and ~dent~f~cat~on n~ber, applicable. (E) ~e na~e and address of ~he per~ed ~ac~l~y ~o vh~ch ~he used (F) ~he hauler's na~e, ~ddress, and Env~ro~en~a~ Project,on ~sency ~den~if~ca~on n~ber. (9) The dr~ver's s~Sna~ure. (5) The h~ule~ shall enter ~he'~o~l vo~e of used o~l.~spor~ed ~ ~he ~a~fes~ ~ ~he change o~ each da~e, change of dr~ver, change of ~ranspor~ vehicle, or upon ~he ~as~ de~vew of used o~1 ~o ~he desolated facility. The ~o~a~ vo~e sha~ be ~he cu~ula~ive aao~ of used o~ collected fro~ ~he generators l~s~ed on ~he ~d~v~du~l receipts. (6) The hau~er sha~l sub~ ~he generator copy of ~he san~fes~ ~he depar~sen~ vi~h~ 30 days of e~ch ship~en~. (7) The hau~er sha~ re~a~n a copy of ~he ~n~es~ ~d a~l receipts for each ~anifes~ for ~hree years. (8) The hau~er shal~ subs~ ~11 cop~es of ~he san~fes~ ~o ~he desolated fac~y. ~ represen~a~ive o~ ~he desi~ed fac~y-vhich receives ~he used o~ sha~ sign and da~e ~he s~n~fes~, re~u~ ~vo cop~es ~o ~he hauler, re~a~ one copy, and send ~he or~s~ ~o ~e depar~aen~ vi~h~ 30 days. (9) Al~ o~her ~an~fes~nS requirements of Sections 25~60 and sha~l be co~plied v~h ~ess speci~ically exempted ~der subdivis~on. (~ended by $~a~s. ~988, Ch. 25250.10. Every registered hazardous vaste hauler who transports used oil shall report to the department on or before March 1 of each year, the foilorang £nformation'on a form provided by the departments (a) The shipping descriptions of used oil transported during the preceding year. (b) The volume of each type of used oil transported, ident£fied by shipping description. (c) The facilities to which the used oil vas transported, identified by name, address, telephone number, and Environmental Protection Agency identification number. (Amended by Stats. 1988, Ch. 545.) 25250.11. (a) Any person vho receives used oil from consumers or other used oil generators. is exempt from hazardous vests facility permit requirements imposed pursuant to Article 9 (co~mencing vith Section 25200) vith respect to any location at vhich used o~l is received if all of the folioring conditions are met~ (1) Each shipment of used oil received does not exceed 20 gallons, and the contents of any s~ngle container does not exceed live gallons. (2) Other than lead-acid storage batteries and antifreeze, no other hazardous vastes are received at the location. -222- (3) The used oil is transported by the $enerator of the used oil. (b) Any person vho transports used oil is exespt fros the requiresents of subdivisions (a) and (e) of Section 25163 and fros the requiresents of Section 2§160 concerninS the possession of a sanifest vhlle transportins used oil to a location described in subdivision (a) if all of the folloeinS conditions are set~ (1) The contents of any sinsle container do not exceed five sellone. (2) Each shipsent of used oil does not exceed 20 sellone. The person transportinS the used oil had generated the oil. (A~ended by Stats. 1989, Ch. 1254.) 25250.15. Any person operatins a refuse resoval vehicle or curbside collection vehicle used to collect or transport used oil ehich has been senerated as a household vaste or as part of a curbside recyclins prosra~, as defined by the board, is exespt fros the requiresents of Section 25160 and subdivisions (a) and (e) of Section 25163 of this code and Chapter 2.5 (commencing vith Section 2500) of Division 2, Division 14.1 (commencin$ vith Section 32000), and subdivision (S) of Section 34500 of the Vehicle Code. (Added by Stats. 1986, Ch. 871.) 25250.16. No person say recycle used oil vithout obtaininS authorization fros the departsent pursuant to Section 25200 or 25200.5, or unless excepted pursuant to Section 25143.2. (A~ended by Stats. 1989, Ch. 1254.) 25250.17. Unless the facility Beets the requireBents of Section 25250.11, each used oil recycling. storage. or transfer facility shall subsit a report, on or before Hatch 1 of each year, to the departsent, on a fo~m provided by the departsent, containinS all of the follovin$ information: (a) The total volu~e of used oil possessed at the be$inning and end of the precedin$ calendar year. (b) The total volu~e. of used oil received durins the precedins calendar year. (c) The total volu~e of used oil recycled durins the precedinS calendar year, iresized as (1) Prepared for reuse as a petroleu~ product. (2) Consumed in the process of preparins for reuse, includinS vestee senstated. (3) Prepared for reuse other than as a petroleu~ product, specifyins each type of other use. (4) Not recycled but transported offsite. (d) Any other information ehich the departsent say require. (A~ended by Stats. 1988, Ch. 545.) -223- 25250.18. Any person vho transports recycled oil shall maC-stain vith each shipment of recycled oil the shipment's dest~n·tion and a signed and dated form, provided by the department, from the recycles8 facility certifyLng that the oil being transported has been tested and is ~n compliance vith the standards specified in subdivision (c) of Section 25250.1 · (A~ended by Stats. 1988, Ch. 545.) 25250.19. A used oil recycler shall ensure that all recycled transported from the recycling facility has been tested and certified as be/ng in compliance vith the standards specified by subdivision (c) of Section 25250.1. Records of tests performed and a copy of each for~ completed pursuant to Section 25250.18 shall be saints/ned for three years and ·re subject to audit and verification by the department or the board.' (Amended by Stats. 1988, ¢h. 25250.20. Any person vhose permit or registration has been revoked my not apply for anev or reseyed permit or registration for · period of one year after the revocation of the permit or registration. (Added by Stats. 1986, Ch. 871.) 25250.21. Any person vhose permit or registration has been .revoked my not serve /n the employ of a hazardous v·ste hauler or used oil recycler during the period of revocation of the permit or registration. (Added by Stats. 1986, Ch. 871.) 25250.22. A11 rules and regulations of the department shall be adopted, amended, and repealed /n accordance vtth Chapter 3.5 (couenc/ng vith Section 11540) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats, 1986, Ch. 871.) 2S250.23. Any person vho transports used oil shall register ·s · hazardous vaste hauler and, unless specifically exempted or unless the used oil is not regulated by the department pursuant to subdivision (e) of Section 25250.1, shall co~ply ~ith all provisions of this chapter. (Added by Stats. 1986, Ch. 871.) 25250.24. (a) Except as provided in subdivision (b), any person vho generates, receives, stores, transfers, transports, treats, or recycles used oil, unless specifically exempted or unless the used oil is not regulated by the department pursuant to subdivision (e) of Section 25250.1, shall comply vith all provisions of this chapter. (b) Osed otl vhich is removed from a motor vehicle and ~hich is subsequently recycled, by a recycler vho is permitted pursuant to this article, shall not be included in the calculation of the amount of hazardous vaste generated for purposes of the generator fee t~posed pursuant to Section 25205.5. (Amended by Stats. 1988, Ch. 1085.) 25250.25, (a) Any person vho manufactures containers vhich are' produced specifically for the nonco~merical storage or transportation of -224- used oil and which are sold ~n this state to consumers, shall not sell or transfer any of those containers in this state to any person, unless' the container meets all of the followinS requirements~ (1) The used oil cannot leak or unintentionally be spilled from the container with normal handlins. (2) No part of the container that comes in contact with the used oil can absorb any of the used oil being collected and transported. (3) The followinS statement shall be printed on a readily visible part of the container in at least 12-point typeface by the manufacturers of the container: "Used oil Is classified as a hazardous waste under California law. Used oil must be recycled properly. Placing used oil into household sarbase or commercial dumpsterm or pourInS it into sewers or onto the sround is prohibited by law.' (b) Any person who manufactures containers which are produced specifically for the noncommerical drainase of used oil and which are sold in this state to consumers, shall not sell or transfer any of those containers in this state to any person unless the container meets the requirements of parasraphs (2) or (3) of subdivision (a). (Added by Stats. 1988, Ch. 776.) CHAPTER 6.6. SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 (Chapter 6.6 added by Proposition 65, 1986 General Election) 25249.$. Prohibition On ContaminatinS DrL~kin$ Vater With Chemicals Known to Cause Cancer or Reproductive Toxicity. No person in the course of doinS business shall knowinsly discharse or release a chemical known to ~he state to cause cancer or reproductive toxicity into water or onto or into land where such chemical passes or probably will pass into any source of drinkinS water, notwithstandinS any other provision or authorization of law except as provided in Section 25249.9. (Added by Proposition 65, 1986 General Election.) 25249.6. Required Warning Before Exposure To Chemicals Known to Cause Cancer Or Reproductive Toxicity. No person in the course of doin$ business shall knowin$1y and intentionally expose any individual to a chemical known to the state to cause cancer or reproductive toxicity without first $1vin$ clear and reasonable warninS to such .individual, except as provided in Section 25249.10. (Added by Proposition 65, 1986 General Election.) 25249.7. Enforcement. (a) Any person violatinS or threatenins to violate Section 25249.5 or Section 25249.6 may be enjoined in any court of competent jurisdiction. (b) Any person who has violated Section 25249.5 or Section 25249.6 shall be liable for a civil penalty not to exceed $2500 per day for each such violation in addition to any other penalty established by law. Such civil penalty may be assessed and recovered in a civil action brousht in any court of competent Jurisdiction. (c) Actions pursuant to this section may be brousht by the Attorney General in the name of the people of the State of California or by any district attorney or by any city attorney of a city havlns a population in ~225- excess of 750,000 or vith the consent of the district attorney by a city prosecutor in any city or city and county having a full-tt~e city prosecutor, or as provided in subdivision (d). (d) Action pursuant to this section say be brought by any person in the public interest if (1) the action is couenced sore than sixty days after the person has given notice of the violation vhich is the subject of the action to the Attorney General and the district attorney and any city attorney in vhose Jurisdiction the violation is alleged to occur and to the alleged violator, and (2) neither the Attorney General nor any district attorney nor any city attorney or prosecutor has commenced and is diligently prosecuting an action against such violation. (Added by Proposition 65, 1986 General Election.) 25249.8. List Of Chemicals Known to Cause Cancer Or Reproductive Toxicity. (a) On or before Hatch 1, 1987, the Governor shall cause to be published a list of those chemicals knovn to the state to cause cancer or reproductive toxicity vithtn the seaning of this chapter, and he shall cause such list to be revised and republished in light of additional knovLedge at least once per year thereafter. Such list shall include at a sinixu~ those substances identified by reference in Labor Code Section 6382 (b) (1) and those substances identified additionally by reference In Labor Code Section 6382 (d). (b) A chesical is known to the state to cause c~cer or reproductive toxicity vithin the seaning of this chapter if in the opinion of the state's qualified experts it has been clearly shown through scientifically valid testing according to generally accepted principles to cause cancer or reproductive toxicity, or if a body considered to be authoritative by such experts has formally identified it as causing cancer or reproductive toxicity, or if an agency of the state or federal gover~ent has formally required it to be labeled or identified as causing cancer or reproductive toxicity. (c) On or before January 1, 1989, and at least once per year, thereafter, the Governor shall cause to be published a separate list of those chesicals that at the tixe of publication are required by state or federal lae to have been tested for potential to cause. cancer or reproductive toxicity but that the state's qualified experts have not found to have been adequately tested as required. (d) The Governor shall identify and consult vith the state's qualified experts as necessary to carry out his duties under this section. (e) In carrying out the duties of the Governor under this section, the Governor and his designates shall not be considered to be adopting or a~ending a regulation sitbin the meaning of the Achntnistrative Procedure Act as defined In Government Code Section 11370. (Added by Proposition 65, 1986 General Election.) 25249.9. Exesptions fros Discharge Prohibition. (a) Section 25249.5 shall not apply to any discharge or release that takes place less than tventy months subsequent to the listing of the chesical in question on the list required to be published under subdivision (a) of Section 25249..8. -226- YOU HAVE TOXIC PRODUCTS IN YOUR HOME Many of the products we use around our homes are toxic and can be harmful to our health and the environment. Some of these items are .. Household Cleaners, Motor O,ls, Solvents, Pesticides, Weed Killers, Pool Suppl,es, Paints and Varnishes. Not only can these products be harmful when being used, they also become Tox,c Wastes when d,sposed. ,.- WHAT HAPPENS WHEN YOU ARE CARELESS ABOUT DISPOSING OF HAZARDOUS MATERIALS ? · PUTTING toxic materials in the trash can Injure sanitation workers along with contaminating the landfill and sunounding areas In the community. POURING toxic material down the draIn can disrupt the sewer system or the biological process on which a septic system relies on to operate correctly. ~ ~~P iDUMPING t°xlc materlals °n the gr°und wlll contaminate the soil where our children ' !~.~I..~~)~ C . playandmaycausecontamlnatlonofthe EMPTYING toxic wastes In the street can directly ~to o~ wat~ays wNch ~e .,..- · COMING SOON': ~~~ COUNTY OF RIVERSIDE, DEPARTMENT "~ ODU~'~ER$ ~-- · - · . uP-P~nNTAIN --u · FOR HOU~EHOLD~ ONLY 'F~s~,~ _ ~ou ~"_ . g.. · COUNTYW~D~ COW.*O~ ~~-~ --- FOR FURTHER INFORMATION ...... CALL (7 14) 358-5055 COUNTY OF RIVERSIDE, DEPARTMENT OF HEALTH -- ENVIRONMENTAL HEALTH DIVISION ALTERNATIVE I rODuct ....iHa, arD, PESTICIDES, HERBICIDES & FUNGICIDES ;/~i> FLEA POWDERS, POISON, ,'" .(~ ANT & ROACH ,'~.~.---' ~ KILLERS, GARDEN SOME WEED KILLERS FLAMMABLE AUTOMOTIVE HOUSEHOLD PRODUCT8 Waste Oil Brake & Transmission Fluids Car Batteries CLEANER8 FLAMMABLE FLAMMABLE CORROSIVE For informabort on orgamc garden. ing techniques or the control of garden pests with the m~n;mal use of chemicals, call the County Agricultural Commissioner, Pesbc~de Division. Recycle Recycle with waste oil Recycle OVEN CLEANERS TOILET BOWL CLEANERS GLASS CLEANER I ''CHLORINE BLEACH RUG & UPHOLSTERY · CLEANERS AIR FRESHENERS CORROSIVE CORROSIVE IRRITANT CORROSIVE FLAMMABLE CORROSIVE IRRITANT FLAMMABLE Keep your oven clean as you use it. A general household'cleaner or baking soda can be used. Clean toilets often. Use warm water & vinegar 8- 1 soluhon None Non aerosol rug shampoos should be used. Always wear gloves & keep area well ventilated Open windows & air out home oft' PAINT PRODUCTS OIL BASE PAINTS & ENAMELS SOLVENTS & THINNERS FLAMMABLE,I Use water base paints, which also 'TOXIC do not require th~nners or solvents None, except ;n painting FLAMMABLE use water base paints MISCELLANEOUS PRODUCT8 POOL SUPPLIES AEROSOL HAIR SPRAYS ART SUPPLIES CORROSIVE FLAMMABLE POLSON None Use non aerosol, hand pump hair sprays Use non toxic water base products. KEY TO HAZARD8 POLSON- ACUTELY TOXIC POISONS CAN CAUSE SEVERE ILLNESS OR DEATH IF INGESTED. MANY CAN BE ABSORBED DIRECTLY THROUGH THE SKIN OR RESPIRATORY SYSTEM. FLAMMABLE- MANY FLAMMABLE PRODUCTS CONTAIN PETROLEUM DISTILLATE OR OTHER SOLVENTS WHICH ARE SKIN, EYE AND RESPIRATORY IRRITANTS. CAN BE FATAL IF INGESTED. MANY ARE VOLATILE, EMIT TOXIC VAPORS AND SHOULD ONLY BE USED WITH ADEQUATE VENTILATION. THESE PRODUCTS SHOULD NEVER BE STORED NEAR AN IGNITION SOURC .E..~ OR WITH CORROSIVE PRODUCTS. CORROSIVE- ANY EXTREMELY ACID OR ALKALINE PRODUCT IS CORROSIVE. THEY CAN CAUSE SEVERE BURNS ON CONTACT, VAPORS CAN BURN EYES AND MUCOUS MEMBRANES AND THEY ARE VERY POISONOUS IF INGESTED. IRRITANTS ARE MILDLY CORROSIVE OR VOLATILE SUBSTANCES WHICH CAN IRRITATE SKIN, EYES AND MUCOUS MEMBRANES. IRRITANTS- IRRITANTS ARE MILDLY CORROSIVE OR VOLATILE SUBSTANCES WHICH CAN IRRITATE SKIN, EYES AND MUCOUS MEMBRANES. CITY OF TEMECULA CITY MANAGER'S REPORT AB# DEPT d. ~-~ TITLE: ENVIRONMENTAL I{EALTH SER¥ICES DEPT HD. "" CITY ATTY CITY MGR~ RECOMMENDATION It is recommended that City Council approve the agreement with the County of Riverside Health Department to review land development plans. BACKGROUND The Division of Environmental Health for the County of Riverside routinely reviews and evaluates land use proposals to determine if there is any environmental problem connected with sewage disposal or water use. The City will collect the permit fees from the developer to recover the cost of plan review. The Health Department will only act upon specific requests from the City through the Planning Department. FISCAL IMPACT The cost of service should Council require testimony at a Council review session or meeting will be $63.20 per hour for each hour a representative is actually at the meeting. It is unknown at this time how much work might be required, but the cost will be covered by developer fees. AGREEMENT FOR REVIEW OF PROPOSED PLANS BY RIVERSIDE COUNTY DEPARTMENT OF HEALTH AND COLLECTION OF FEES THEREON This Agreement, made and entered into by the County of Riverside, hereinafter referred to as "County," and the City of Temecula, hereinafter referred to as "City." WITNESSETH: WHEREAS, City desires the County of Riverside, through its Division of Environmental Health, to provide for review and evaluation of subdivision and use permit applications for private, commercial and industrial sewage disposal systems which are submitted to City; and WHEREAS, County has the expertise required to review such applications and plans for private and commercial sewage disposal systems to assure compliance with the Uniform Plumbing Code; now, therefore, IT IS AGREED as follows: 1. Any individual or developer seeking a subdivision or use permit for private, commercial and industrial sewage disposal systems from City shall submit a complete set of plans and specifications, or those sections relevant to this review, to County. Such plans and specifications shall be reviewed to assure compliance with the Uniform Plumbing Code, most current code adopted by the City of Temecula and the Riverside County Handbook for Waste Disposal for Individual Homes, Commercial and Industrial or other applicable County ordinances. 2. County, through its Division of Environmental Health, will review the plans submitted with a proper City Application to assure provisions have been made for satisfactory sewage disposal and related activities. The review is to be completed within ten (10) working days; provided County does not request an extension due to unforeseeable conditions. 3. The applicant presenting plans to County shall be responsible for payment of any and all fees required for reviewing such plans. Payment must be remitted at the same time and place the plans/specifications are submitted for review. 4. In the event City wishes to have a County representative available to provide testimony or otherwise at a review or committee meeting, City will give a minimum of three (3) days notice to the County Health Department, Division of Environmental Health. City shall be responsible for payment to County of $63.20 per hour for each hour a representative is actually present at a City meeting. City will further pay County at the prevailing rate per mile for travel to and from any meeting a Health Department representative is requested to attend. County will bill for any of the above-rendered services within fifteen (15) days of the end of the month within which such service has been rendered. Payment is to then be remitted to County within fifteen (15) days of such billing. -1- 5. This Agreement is to have an effective date of July 1, 1990, and upon execution by the respective parties will constitute the entire Agreement of the parties with all prior negotiations, proposals and agreements relating to the subject matter hereof having been merged herein. This Agreement shall remain in full force until and unless terminated by thirty (30) days written notice by either party. 6. City hereby agreed to defend, indemnify, and hold County, its officers, agents and employees from and against any and all liability, damages, costs, losses, claims and expenses, however mused, resulting directly or indirectly from or connected with County's non-negligent performance of this Agreement. 7. All notices and communications under this Agreement shall be to the following: COUNTY: CITY: Riverside County Dept. of Health Director of Environmental Health 3575 11th Street Mall Riverside, California 92501 City of Temecula 43172 Business Park Drive Temecula, California 92390 IN WITNESS WltEREOF, the City of Temecula by resolution duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside by order of its Board of Supervisors, has caused this Agreement to be subscribed by the Chairman of said Board and sealed and attested by the Clerk of said Board. CITY OF TEMECULA BY Mayor ATTEST: BY City Clerk [SEAL] COUNTY OF RIVERSIDE BY Chairman, Board of Supervisors ATrF~T: Gerald A. Maloney Clerk of the Board BY Deputy [SEAL] -2- CITY OF TEMECULA AGENDA REPORT AB# TITLE: FY 1990-91 OPERATING BUDGET DEPT HD ~ DATE: 6/12/90 CITY ATTY DEPT: FINANCE CITY MGR ~ RECOMMENDATION: That the City Council adopt resolution 90- to adopt the FY 1990-91 Operating Budget for the City of Temecula. DISCUSSION: The City of Temecula Operating Budget for FY 1990-91 (June 5, 1990 document) incorporates all revisions made by Council during the May 12, May 22 and May 29 City Council meetings. At the June 30, 1990, City reserves are expected to be $777 thousand. Revenues for the 1990-91 fiscal year are expected to be nearly $12.7 million. During the year, the City will receive its first property tax payment of approximately $1 million. Sales tax is estimated at $4 million and charges for community development services are expected to be $4.1 million. The State and County gas tax revenues are estimated $1.3 million. The estimate for City expenditures is $12 million. Public Safety represents $4.1 million, Community Development is estimated at $5.3 million and General Government is expected to be $2.6 million. The City should finish the year with a reserve for contingencies of $1.3 million at June 30, 1991. FISCAL IMPACT: ATTACHMENTS: Beginning Fund Balance $777,224 Revenues $12,691,654 Expenditures $12,097,205 Ending Fund Balance $1,371,673 Resolution 90- Adopting Final Operating Budget for Fiscal Year 199~-91 CITY OF TEMECULA Operating Budget Appropriations Schedule Department Summary Appropriations Number of Employees City Council City Manager City Clerk City Attorney Finance Personnel Information Systems Planning Building/Safety Engineering Roads Police Services Fire Services Animal Control Nondepartmental CDBG TOTAL CITY ~ 227,927 315, 138 177, 125 300, 000 376,854 78,519 239,950 1, 020, 955 637,738 1, 980, 267 I, 637, 7OO 3, 140,475 853,957 80,000 910, 600 120.000 12.097.205 5.84 5.66 5.00 8.00 1.50 6.00 10.00 9.00 51.00 RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADOPTING THE OPERATING BUDGET FOR THE FISCAL YEAR 1990-91 FOR THE CITY OF TEMECULA AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS FOR THE VARIOUS DEPARTMENT BUDGETS. WHEREAS, the City Council of the City of Temecula has reviewed the proposed final Operating Budget for fiscal year 1990-91 and has held such public hearings as are necessary prior to adoption of the final Operating Budget. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula, California, as follows: SECTION 1. That certain document now on file in the office of the City Clerk of the City of Temecula entified "City of Temecula 1990-91 Annual Budget," is hereby adopted. SECTION 2. The amounts designated on the attached Exhibit A entitled "Operating Budget Appropriations Schedule" are hereby appropriated to the department or fund designated, and such appropriation shall be neither increased nor decreased except as provided herein. SECTION 3. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The Department Head may authorize a transfer of appropriations within departmental budget accounts up to $5,000 per transfer. C. The City Manager may authorize transfers of appropriations between departments within the same fund in an amount up to $10,000 per transfer. D. The City Manager may authorize expenditures of funds in amounts up to $10,000. Any expenditure of funds in excess of $10,000 requires City Council action. E. The City Council must authorize transfers of funds from the budgeted Reserve for Contingency. 4\Re~o~\65 06108190 F. The City Council must authorize any increase in permanent personnel positions above the level included in the final budget. The City Manager may authorize the hiring of temporary or part time staff as necessary within the limits imposed by the controls listed above. G. The City Manager may approve change orders on Public Works contracts in amounts up to $10,000, if sufficient appropriated funds are available. SECTION 4. Outstanding encumbrances shown on the City books at June 30, 1990, are hereby appropriated for such contracts or obligations for 1990-91. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 12th day of June, 1990, by the following vote, to wit: AYES: NOES: ABSENT: RONALD J. PARKS, Mayor ATTEST: JUNE S. GREEK, Deputy City Clerk [SEAL] 4\Re~o~\65 06/08/90 CITY OF TEMECULA CITY MANAGER'S REPORT AB# MTG DEPT TITLE: FIRE PROTECTION CONTRACT DEPT HD. CITY ATTY CITY MGR ~ RECOMMENDATION It is recommended that City Council approve a contract with Riverside County for fire protection, rescue, and medical aid. BACKGROUND The 1990-91 City budget provides funds to contract with Riverside County for fire protection services beginning July 1, 1990. A standard contract is attached for Council action. The ad hoc Law Enforcement Committee has reviewed the contract proposal and recommends Council approval. The proposed budget will substantially increase services available. Current service to Temecula provides two, 2-man engine companies and one Battalion Chief. The Fiscal 1990-91 budget will provide for two, 3-man engine companies, plus one, 4-man truck company, plus two Battalion Chiefs and 1 Fire Prevention Officer. Total staffing will be 23 persons. FISCAL IMPACT The Fire Service Budget will be $1,879,744.00. Funds will come from the County Fire District Tax and the City's General Fund. District Taxes: $1,025,787 General Funds: $ 853,957 Total: $1,879,744 This estimate is based on an estimated assessed value for 1990-91 of $1,865,068,113.00 within the City of Temecula. That assumes a 14% increase in assessed value. If the assessed value is greatesthen the City's General Fund contributions will be less. 1 2 $ 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 · flLL~AM C. KATZ£NSTEIN COUNTY COUNSEL SUITE 300 3535 10TH STREET RIVERSIDE, CALIFORNIA A COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, AND MEDICAL AID FOR THE CITY OF TEMECULA THIS AGREEMENT, made and entered into this day of , 19 , by and between the County of Riverside, hereinafter called "County", and the City of Temecula, hereinafter called "City", whereby it is agreed as follows: PURPOSE The purpose of the Agreement is to arrange for the County, through its Cooperative Agreement with the State of California, to provide the City with fire protection, fire prevention, rescue, and medical aid services, hereinafter called fire protection services. This Agreement is entered into pursuant to the authority granted by Government Code Sections 55603, 55603.5, 55632, 55606 and 55642, and will be mutually advantageous to the City and the County in that it will provide a unified, cooperative, integrated, and effective fire protection, rescue, and medical aid system which will satisfy the combined County/City responsibilities to protect lives, property, and natural resources from fire danger. II COUNTY IN CHARGE A. The County Fire Chief shall represent both parties during the period of this Agreement and that Officer shall, under the supervision and direction of the County Board of Supervisors, have charge of the organization described in Exhibit "A", attached hereto and made a part hereof, for the purpose of providing fire protection services as deemed necessary to satisfy the needs of both the County and of the City, except upon those lands wherein other agencies of government have responsibility for the same or similar fire protection services. B. The County will be allowed flexibility in the assignment of available personnel and equipment in order to provide the fire protection services, rescue and medical aid services as agreed upon herein. C. The City shall appoint the County Fire Chief referred to under Paragraph A. above, to be the City Fire Chief. In addition, the Chief shall have the authority and responsibility equal to that of a City Department Head for the purposes of administering City expenditures under Exhibit "A" of this Agreement. III III -1- I III 2 PAYMENT FOR SERVICES 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 A. The City shall appropriate a sum of money to provide fire protection services within the area of responsibility of the City for the period from the date of execution of this Agreement to June 30, 1991 B. The County shall make a claim to the City for the contracted services as shown on Exhibit "A" during each of the following periods: (1) July 1 through September 31, claim for 25% in October; (2) October 1 through December 31, claim for 25% in January; (3) January 1 through March 31, claim for 25% in April; and (4) April 1 through June 30, claim for 25% in June. City shall pay each claim within fifteen (15) days after receipt thereof. The County shall allow a credit to each claim in the amount of 25% of the Structural Fire Taxes as determined by the County Auditor-Controller to be collected in each Fiscal Year of this Agreement. IV HOLDING OVER A. The initial term of this Agreement shall be from July 1, 1990, to June 30, 1993. The term of this Agreement shall be a one (1) year term thereafter. Either party to this Agreement may termi- nate this Agreement by providing a written notice of termination to the other party hereto twelve (12) months prior to the expiration of the term hereof. In no event shall this Agreement be terminated by either party prior to June 30, 1993. If no written notice of termination is received by either party, this Agreement shall be automatically renewed at the same level of service, at the then current level of expense, and otherwise on the same terms and conditions herein specified, so far as applicable until: (1) (2) (3) A new Agreement is fully executed, or Termination of the Agreement following twelve (12) months prior written notice of termination, or New Exhibit "A" is mutually agreed to by and between the parties. 23 24 B. This Agreement may be terminated by mutual consent of the parties at any time after June 30, 1993. V 25 26 27 28 VILLIAM C. KATZENSTEIN COUNTY COUNSEL SUITE 3OO 3535 . 10TH STREET RIVERSIDE, CALIFORNIA COOPERATIVE OPERATIONS All fire protection, rescue, and medical aid work contem- plated under this Agreement shall be done by both parties to this Agreement working as one unit; therefore, personnel and equipment, regardless of whether they are included in Exhibit "A" may be -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 28 ILLIAM C. KATZENSTEIN COUNTY COUNSEl SUITE 300 3S35 - lOTH STREET RIVERSIDE, CALIFORNIA temporarily dispatched elsewhere from time to time for mutual aid. VI MUTUAL AID When rendering mutual aid or assistance as authorized in Section 13050 and 13054, Health and Safety Code, the County may demand payment of charges and seek reimbursement of City costs for personnel as funded herein, under authority given by Section 13051 and 13054, Health and Safety Code. The County in seeking said reimbursement will represent the City in following the procedures set forth in Section 13052, Health and Safety Code. Any recovery of City costs, less collection expenses, will be credited to the City. VII PROPERTY ACCOUNTING All personal property provided by the City and by the County for the purpose of providing fire protection and rescue services under the terms of this Agreement shall be marked and accounted for by the County Fire Chief in charge, in such a manner as to conform to the standard operating procedure established by the County Fire Department for the segregation, care, and use of the respective property of each. viii LIABILITY A. The County will defend, indemnify and hold harmless the City from all loss, costs or expenses caused by the negligent or wrongful act or omission of County officers, agents and employees occurring in the performance of'this Agreement to the extent that such liability is imposed on the City by the provisions of Section 895.2 of the Government Code of the State of California. B. The City will defend, indemnify and hold harmless the County from all loss, costs or expenses caused by the negligent or wrongful act or omission of City officers, agents and employees occurring in the performance of this Agreement 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. IX DELIVERY OF NOTICES Any notices to be served pursuant to this Agreement shall be considered delivered when deposited in the United States mail and addressed to: III -3- 1 4 5 6 7 8 9 10 11 14 15 16 17 18 19 .']LLiA54 C. KATZENSTF[N COUNTY COUNSEL SUITE 300 3535 IOTH STREET RIVERSIDE, CALIFORNIA COUNTY CITY OF TEMECULA County Fire Chief 210 W. San Jacinto Ave. Perris, CA 92370 City of Temecula Post Office Box 3000 Temecula, CA 92390-3000 Provisions of this section do not preclude any notices being delivered in person to the addresses shown above. X ENTIRE CONTRACT This Agreement contains the whole contract between the parties. It may be terminated at any time or any provision herein contained may be amended or modified upon the mutual written con- sent of the parties hereto. IN WITNESS WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written. Dated: APPROVED AS TO FORM ATTEST: CITY OF TEMECULA By Title By Title ATTEST: GERALD A. MALONEY Clerk of the Board COUNTY OF RIVERSIDE By Chairman, Board of Supervisors By Deputy (SEAL) GB:jf 1581it 052990 -4- EXHIBIT A CITY OF TEMECULA RECOMMENDED STAFFING LEVEL USING FY 90/91 DOLLARS - 3 PERSON ENGINE CO. 4 PERSON TRUCK CO. INDIRECT i - CAPT 5.2 COSTS 1.6 - ENG. FF II STA. #12 STA. #73 164,300 175,712 291,548 164,300 175,712 291,~48 SUBTOTAL TOTAL 631,560 631,560 $1,263,121 TRUCK COMPANY (50%) 2 - BATTALION CHIEF FIRE PREVENTION CAPTAIN 3 - CAPT. 3 - ENG. 6 - FF II'S 110,208 95,850 168,201 SUBTOTAL TOTAL DOLLARS FOR RECOMMENDED STAFFING CITY OF TEMECULA TAX CREDIT NET CITY BILLING TOTAL 374,259 168,892 73,472 $ 616,623 $1,879,744 (1,025,787) 853,957 CI'I'Y OF TEMECULA AGENDA REPORT AB#: #20 TITLE: DEPT HD MT~' CITY ATTY ~..~.6/12/90 Law EnforcementAgreement CITY MGR u~m.c.M. RECOMMENDATION: That City Council approve agreement with Riverside County to provide law enforcement services to the City. BACKGROUND: Council has adopted a budget appropriation of $3.1 million for Police Services for 1990-91. The Ad hoc Law Enforcement Committee has reviewed the proposed budget from the Sheriff in detail and recommends approval. The contract is for five (5) years but may be canceled on 12 months notice. FDA:jsg AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN COUNTY OF RIVERSIDE AND CITY OF This AGREEMENT, is made and entered into on , 19 , by and between the COUNTY OF RIVERSIDE, hereinafter referred to as the "County," and the CITY OF , hereinafter referred to as the "City", as the City is desirous of contracting with the County for performance of the City's responsibility for law enforcement functions within the City's boundaries by the County through the Sheriff thereof; and the County is agreeable to rendering such services on the terms and conditions that follow: 1. ~he County agrees, through the Sheriff thereof, to provide municipal police protection within the corporate limits of the City to the extent and in the manner hereinafter set forth. The service shall encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by said sheriff under the statutes of the state. Such services shall include the enforcement of State statutes and the code and ordinances of the City. Services shall also include traffic enforcement and related fields to the extent of the capability of the size of the force provided in this Agreement. 2. City may from time to time make written request to the Sheriff for variance in the level of services to be provided under this Agreement. If City requests an increase in the level of services to be provided under this Agreement, the County agrees to provide such increased services effective as soon as is practicable, consistent with the ability of the Sheriff to do so. If City elects to reduce the level of services provided herein by greater than ten percent (10%) of the level of services previously provided, then City shall be required to give notice in writing to County not less than twelve (12) calendar months prior to the effective date of such reduction. 3. Supervision over the rendition of law enforcement services, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain with the County. The County Sheriff or his designated representative will meet and confer with the City Manager or his designated representative on questions relating to provision of services. If requested by the County Sheriff or by the City Manager, a memorandum of understanding will be entered into by and between the County Sheriff and the City Manager with respect to each question relating to the provision of services under this Agreement, setting forth the question raised and such terms and conditions as have been agreed upon between the County Sheriff and the City Manager in resolution of the question. The intent and purpose of each such memorandum shall be to implement, interpret or clarify one or more provisions of this Agreement. No such memorandum shall have the effect of amending this Agreement unless approved by each of the respective governing bodies of the County and of the City. In the event of any inconsistency between the terms of such a memorandum and the terms of this Agreement, the terms of this Agreement shall govern. 4. For the purpose of performing said services, County shall furnish and supply all necessary labor, supervision, equipment associated with general law enforcement normally supplied by the Sheriff, communication facilities, and supplies necessary to maintain the level of services to be rendered hereunder. Location of the above will not necessarily be on site in City, nor will the personnel providing all the services necessarily be dedicated to a specific city. Notwithstanding anything hereinbefore contained, it is agreed that in all instances where specific equipment used solely to support specialized enforcement activities within the City not normally provided by the Sheriff is to be utilized, or where special supplies, stationery, notices, forms, and the like related to law enforcement are to be issued in the name of the City, such equipment and materials shall be supplied by the City at its own cost and expense. Any such special equipment or materials so purchased by the City shall meet with the Sheriff's specifications, shall remain on site within the City, and ownership title thereto shall remain with the City. 5. Any person employed for the performance of such services and functions pursuant to this Agreement for the City shall be County employees, and no City employee as such shall be under the control or supervision of said County, and no such County employee shall have any entitlement to pension, civil service, or any status or right with the City. Only for the purpose of giving official law enforcement status to the performance of services and functions pursuant to this Agreement, every County officer and employee engaged in performing such services and functions shall be deemed to be an agent of said City while performing services for said City, which services are within the scope of this Agreement and are a municipal function. In the event of a work slow-down, strike, or any other form of job action by those individuals assigned to City, County agrees to provide only that level of service which may be available through mutual aid, pursuant to Government Code Section 8615, et seq., and City will only be billed for the actual hours of service received. 6. The County will assume liability and defend and hold the City harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of County officers, agents and employees occurring in the performance of this Agreement between the parties hereto to the extent that such liability is imposed on the City by the provisions of Section 895.2 of the Government code of the State of California. The City will assume liability and defend and hold the County harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of City officers, agents and employees 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. For the purpose of this section, County personnel assigned to the City are deemed to be officers, agents or employees of the County. 7. This Agreement shall be effective as of and shall run for a period of five (5) years thereafter unless sooner terminated as provided herein. At the option of the City Council of said City, and with the consent of the Board of Supervisors of County, this Agreement shall be automatically renewable for successive periods of not to exceed five (5) years each in accordance with the provisions of the next paragraph. In the event City desires to terminate this Agreement at the end of any current five (5) year period, the City Council, not later than twelve (12) months preceding the expiration date of the current term of this Agreement, shall notify the Sheriff and the Board of Supervisors that it wishes to terminate the same; otherwise, this Agreement shall be automatically renewed for an additional five (5) year period at the level of service then currently in effect. As a matter of convenience to the parties hereto, and in order to facilitate continuity of the law enforcement services provided to the City, the parties may mutually approve and ratify any automatic renewal of this Agreement retroactively to the effective date of such automatic renewal. 8. Notwithstanding the provisions of Paragraph 6 hereinbefore set forth, either party may terminate this Agreement as of the first day of July of any year, upon the giving of notice in writing to the other party of not less than twelve (12) months prior thereto. 9. The basic law enforcement service provided by the County includes general law and traffic enforcement and shall be provided on the level agreed to by the City and Sheriff, and as specified in attachments hereto. 10. City shall pay for the law enforcement services herein at the amount per hour as established by the Sheriff and approved by the County Auditor-Controller, which amount shall include all items of cost and expense to the County for providing the services herein. The cost of services pursuant to this Agreement shall include the salaries of employees engaged in performing said services, pro rata share of the cost of vacation and sick leave benefits, supervision of such employees while so employed, the County Retirement and Social Security contribution and Workers' Compensation costs, travelling expenses, supplies and indirect expenses. "Costs" as used herein shall not include items of expense attributable to services of facilities normally provided or available to all cities within the County as part of the County's obligation to enforce State law. The basic law enforcement cost herein shall be readjusted by the County Auditor-Controller periodically, to reflect a total increase or decrease in the contract rate equal in percentage to the increase or decrease in the cost to the County, including salaries, of the services furnished hereunder. City shall be notified of the rate prior to submittal to the Board of Supervisors and given the opportunity to review it with County personnel. City shall, thereafter, be notified of adoption by County, and said new rate shall take effect on the same date as County changes. Should City choose not to appropriate or expend any sum in excess of that required prior to any readjustment, County shall have the right to reduce the level of service to that level which represents the amount being expended by City. 11. Each County Officer or department performing any service hereunder shall render to said City at the close of each month an itemized statement covering all services performed during said month, and said City shall pay County therefor within twenty (20) days after receipt of such statement. If such payment is not received by the County within thirty (30) days after rendition of billing, County may satisfy such indebtedness from any funds of the City on deposit with the County without giving further notice to the City of County's intention to do so, remedy provided by law. IN WITNESS WHEREOF, the City of or may use any other by resolution duly adopted by its City Council, has caused this agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Agreement to be subscribed by the Chairman of said Board and sealed and attested by the Clerk of said Board, all on the day and year first above written. CITY OF ATTEST: BY (SEAL) ATTEST: COUNTY OF RIVERSIDE CITY OF TEMECUL~ POLICE DEPARTMENT FY 90 - 91 BUDGET Revised 05-31-90 The following is the third revision of the proposed City of Temecula Police budget for F.Y. 90-91. The hourly rate was established from the F.¥. 89-90 rates plus 10% increase. Facility Cost: $ Community Service Officers: 2 Office Assistant 1 Captain: Mileage: Cal Id: Small Tools: Council Discretionar~ Fund: C.S.&. 143 Match Money: Bailiff Council Meetings: Sworn Staff: D~TE # OF STAFF 07-01-90 07-01-90 09-01-90 10-01-90 01-01-91 04-01-91 15 supported 1 dedicated 1 dedicated 3 supported 4 supported 4 supported Contingency Hiring Fund: X-215 Over-pass Project: Travel / Conferences: Computer Hardware / Software: Total Law Enforcement budget Staff Recommendation: $3,140,475. 72,000 206,820 59,616 110,959 154,600 11,400 20,000 30,000 35,322 12,360 COST: $1,589,490 $ 66,865 $ 55,721 $ 238,424 $ 211,932 $ 105,966 $ 100,000 $ 50,000 $ 4,000 $ 5,000 $3,140,475 City Council adopt a police budget of CITY OF TEMECULA AGENDA REPORT AB#: MTG: 6/12/90 DEPT: CM TITLE: SAN DIEGO LANDFILL DEPT HD CITY ATTY CITY HGR RECOMMENDA T/ON It is recommended that City Manager be authorized to extend the contract with Phil Anthony and Bill Mecham to represent Temecula in continuing hearings concerning San Diego North County Landfill. BACKGROUND Council previously contracted with Anthony-Mecham to prepare comments opposing the Fallbrook and Blue Canyon landfill sites. Their report was approved.by Council and filed with San Diego County. The San Diego Board of Supervisors will hold additional hearings on the issue including proposed general plan amendments. If Council desires to be represented at the hearings, it is recommended that consultant be authorized to express Temecula's opposition. FISCAL IMPACT $3000.00 is available in current budget for Community Development consulting. (acct 160) PHILIP L. ANTHONY, INC. A PROFESSIONAL CONSULTING SERVICES CORPORATION MANAGEMENT CONSULTING 2157 PACIFIC AVENUE, SLIITE B-203 COSTA MESA, CALIFORNIA 92627 PHILIP L. ANTHONY PRESIDENT C-~OVERNMENTAL RELATIONS TELEPHONE 714/722-7575 TELECOPIER 714/722-0804 May 31, 1990 Mr. Frank Aleshire, City Manager City of Temecula 43172 Business Park Drive Temecula, California 92390 Subject: Hearings on North San Diego County Landfills Dear Mr. Aleshire: Background As authorized by the City Council, the immediate actions to protect the City of Temecula from the inpacts of the proposed North San Diego County landfills were completed with the submission of written comments on the draft EIR/EIS. Now we are in the formal public hearing process on the landfills by the County of San Diego. In addition to the landfills project itself, the County of San Diego is also processing General PlanAmendments to change the land use designations of all three site to allow landfills. This will supposedly mitigate the flagrant incompatiblity of landfills with the land uses currently existing and de$iginated in and around these sites! Critical Hearing Dates May 21, 1990 - The Fallbrook Planning Group held a public hearing on the General Plan Amendment to change the desig- nation of the Aspen Road and Gregory Canyon sites to "Solid Waste Facility." June 12, 1990 - The San Diego Planning Commission will hold a public hearing on the proposed landfills sites and the related General Plan Amendments. July 25, 1990 - The San Diego Board of Supervisors will hold a public hearing and decide on the landfill sites and the General Plann Amedments. Fallbrook Planning Group Hearing As requested by the City Manager, the undersigned attended the Fallbrook Planning Group meeting on May 21, 1990 and testified on behalf of the City of Temecula in opposition to the General Plan Amendment PAA30-89/GPA90-02 to designate the Aspen Road site as May 31, 1990 Mr. Frank Aleshire Page Two "Solid Waste Facility." Remember, the Aspen Road landfill site is directly upwind from Temecula and less than three miles from your city limits today! The Fallbrook Planning Group not only voted unanimously to oppose the General Plan Amendments, but they also followed my recommend- ation and orded that specific reasons for their opposition be prepared and submitted to the County of San Diego. Recommended Continuing Actions Present verbal and written testimony on behalf of the City of Temecula at all relevant public hearings in the County of San Diego, including the Fallbrook Planning Group. Coordinate with Temecula City Attorney to lay proper ground work for lawsuits, if necessary. Coordinate with and seek support from similarly concerned agencies in San Diego and Riverside Counties. Budget for Recommended Actions Professional consulting services of Phil Anthony and Bill Mecham @ $95 per hour, not to exceed ............... $3,000 TOTAL, not to exceed .......... $3,000 Submitted by: Philip L. Anthony 6;' Bill Mecham CALL TO ORDER: ROLL ~,,L: PRBSBHTATZOHS/ PROCLAM~TZOHS COD BU~TNESS 1. o &GBNDA A RBGULItR MBBTZNG 01~ X~· X990 Lindemens, Moore, Hufioz, Parks, Birdsall N4nutes RECOMMENDATION: 1.1 Approve the minutes of May 8, 1990 as mailed. 1.2 Approve the minutes of May 22, 1990 as mailed. F&oilit4os Ups Aarsonont for Taecul& community service 9ismriot and Tonecult Val~®y Un4fi®d School District. RECOMMENDATION: 2.1 Approve agreement. Pub14o Neari~q for T.C.S.D RECOMMENDATION: 3.1 Revise the CSD Budget and proposed Rates and Charges to take into account new financial information obtained from the County and CSA; 3.2 Provide published and mailed notice of the Public Hearing on the proposed Rates and Charges; 3.3 Draft a Fact Sheet to be included with the Hearing Notice, explaining the purpose of the Rates and Charges; 3.4 Reset the date of the public hearing to 8:00 PM on July 10, 1990 at the Community Center; 3.5 Hire such consultants as are necessary to accomplish the above; and, 3.6 Continue this Meeting to June 19, 1990. DXIBOZO~W iZPORT8 Next Meeting: June 19, 1990, 8:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California MINUTES OF A REGULAR MEETING OF TF~ECULA CONMUNITY SERVICES DISTRICT HELD M~Y 8, 1990 A regular meeting of the Temecula Community Services District was called to order at 8:28 PM in the Temecula Community Center, 28816 Pujol Street, Temecula, California. President Pat Birdsall presiding. PRESENT: 5 DIRECTORS: Lindemans, Moore, Mufioz Parks, Birdsall ABSENT: 0 DIRECTORS: None Also present were City Manager Frank Aleshire, City Attorney Scott F. Field and June S. Greek, Deputy city Clerk. PUBLIC COMMENTS None given. CSD BUSINESS 1. Minutes 1.1 Approve the minutes of February 27, 1990 as mailed. 1.2 Approve the minutes of March 13, 1990 as mailed. Director Parks moved, Director Moore seconded a motion to approve minutes as mailed. The motion was carried by the following vote: AYES: 5 DIRECTORS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None A Proposal by Willdan Associates for Assessment Engineering Services for the Temecula Community Services District for FY 90-91. City Manager Aleshire reported that at the April 21, 1990 meeting of the Board, discussion was held regarding the CSD Budget and creating an assessment program that would encompass all parcels in the City to pay for the Park and Recreation Program in the community. The Council authorized staff to 4\CSDMIN\050890 I 05/22/90 ~--- CSD Minutes May 8. 1990 bring this to a public hearing so the public could participate in the decision. Mr. Aleshire stated that in order to do this, it is necessary to prepare an assessment list of every parcel in the City to raise $2.5 million dollars that would be needed to run the Park and Recreation, street light and landscaping programs. City Manager Aleshire recommended authorizing the City Manager to enter into an agreement with Willdan and Associates to do the assessment engineering spread. He stated Willdan has a software program that allows them to do this and the experience performing this service for other cities and assessment districts. They have the system to meet the time deadline the City requires. Mr. Aleshire corrected the cost listed in the agenda packet, stating two elements are involved; one being the mailing cost to mail a notice to every parcel in the City and publishing a 1/4 page ad in the newspaper, giving notice to all residents of the public hearing when it is scheduled; and the second being the Willdan contract, which is for a spread of assessment and the computer work to create a levy on each resident's tax bill. Mr. Aleshire said he understands there is a revised cost estimate and introduced Bill Holley, Parks and Recreation Consultant, to explain this issue. Bill Holley explained that this process is on a very short time fuse and is being fast-tracked. Based on refined information received from the County regarding the number of parcels, Mr. Holley reported he believes the proposal that Willdan had originally submitted can be reduced by 33%. With the addition of the City Attorney's office research on the notification requirements, Mr. Holley stated he believes we can further reduce $2,000 from the price. The total proposal would cost between $18,000 and $20,000. Mr. Holley reported on additional indirect benefits that will be accrued to the City by this service. First, Willdan is under contract to do the Engineering and Planning Services for the City. Their planning information could be factored into this same data base, making updated information readily available. Additionally, the information provided by this report will be of service to the planning and engineering functions. Director Lindemans asked where the $2.5 million dollar figure was derived. Mr. Holley answered this figure was initially based on the C$A-143 budget. Final numbers would be subject to the Board of Directors review, and after a budget is adopted the numbers would be spread accordingly. 4\CSDMIN\050890 2 05/22/90 .... CSD Minutes May 8, 1990 Director Lindemans questioned whether cost for the lights for Sports Park are listed in the current costs. Mr. Holley reported they are included in the proposed budget under capital improvements. CSD will be considering it in the next weeks. Director Lindemans asked if Mr. Holley has an assessment figure per house. Mr. Holley reported that this information should be available by the end of next week. Director Parks questioned if other consultants had been solicited for proposals. Mr. Holley answered that Willdan had been solicited due to the quick turn around time necessary and their previous knowledge and quality of work. Director Parks moved, Director Muhoz seconded a motion to approve the staff recommendation to authorize the City Manager to enter into an agreement with Willdan and Associates for Assessment Engineering Services. He also asked staff, if time allows to solicit additional proposals in the future. The motion was carried by the following vote: AYES: 5 DIRECTORS: Birdsall, Lindemans, Moore, Muhoz, Parks NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None 3. Request to Consider a Softball Advisory Committee City Manager Aleshire reported that George Campos requested to address the board tonight. George Campos, representing Mitch Mitchell, President of Softball Advisory Committee, and the family, friends and team- mates of David Dills and Todd Hastey, expressed the great loss felt by the community over the deaths of David and Todd. Mr. Campos spoke of David and Todd's participation and interest in sports, and in particular softball. He reported that both CSA offices have been inundated with requests to hold a benefit tournament in their name. Mr. Campus requested that a benefit softball tournament be held on August 3, 4 and 5th at the Sports Park in Temecula. The event will be held in the name of David Dills and Todd Hastey and will become an annual event. All proceeds from the tournament will be donated equally to the two trust funds established in the names of David Dills and Todd Hastey, at First Interstate 4\CSDMIN\050890 3 05/22/90 ~ CSD Minutes MaY 8. 1990 Bank in Temecula. The CSD was asked to authorize this year's event at no charge for the use of the fields for all three days. He suggested that subsequent tournaments bear David and Todd's name and continue as an annual fund raising event, with all subsequent proceeds to go to the City's Parks and Recreation Department for the purpose of improving any permanent softball facilities. The Softball Advisory Committee is volunteering to organize and run this year's event with the assistance of family, team mates and numerous volunteers. In subsequent years it would be run by the City's Parks and Recreation Department. Mayor Parks asked what timing is necessary in making a decision. He said he is in support of this issue but asked staff to see what the City's liability would be in sponsoring this type of event. Mr. Campos said arrangements must be made as soon as possible to organize such an event, however, a week or two should not make a big difference. Mr. Campos asked if a straw vote could be taken to indicate the Council's feeling on the issue. Director Muhoz asked if this event had to take place at the Sports Park, or could it be within the CSA-143 Park System. Mr. Campos stated he had only looked at the Sports Park's two fields and the Rancho Vista fields, so logistical control can be established. Director Moore stated it is her understanding CSD cannot waive fees, therefore the City would have to pay the CSA normal fee. She asked if this fee should be included in the upcoming budget. City Manager Aleshire stated that the fiscal impact for this event would be $1,100. Mr. Aleshire said this could be waived as a public benefit approval. He reported that at present there is no policy on this issue. Mr. Aleshire stated that cities sometimes create a policy to pay for charity functions out of the General Fund. He said he spoke with CSA staff regarding scheduling and they would recommend this event, however, there was no discussion on the waiver of fees. Director Lindemans expressed his approval of this event, and commended the committee for their efforts. Director Parks asked if the trust funds were for the benefit of the public. 4\CSDMIN\050890 4 05/22/90 CSD Minutes May 8. 1990 Larry Jacobson, First Interstate Bank, answered that the trust funds were for the direct benefit of the families for the first year. The subsequent years would be for the benefit of the City. Director Mu5oz stated his support of the idea in concept, but expressed his concern that the City cannot contribute public funds to private individuals. City Attorney Fields stated that a waiver of fees is possible, as long as there is a finding of a proper public purpose. Mr. Fields said this sounds like a proper public purpose. Mr. Campos stated he could wait a couple of weeks for an answer. Director Parks moved, Director Mu5oz seconded a motion to continue this item for two weeks allowing staff to evaluate it and make a recommendation. President Birdsall called for a straw vote on this issue. City Attorney Fields stated that a straw vote cannot be taken because this item is not listed on the agenda. He recommended simply continuing this matter. The motion was carried by the following vote: AYES: 5 DIRECTORS: Birdsall, Lindemans, Moore, Mu5oz, Parks NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None Patricia H. Birdsall, PRESIDENT ATTEST: June S. Greek, Deputy City Clerk 4\C$DM~\~0590 05/22190 MINUTES OF A REGUIJ~R MEETING OF TF~ECUL~ CONNUNITY SERVICES DISTRICT HELD ]~Y Z2v 1990 A regular meeting of the Temecula Community Services District was called to order at 8:25 PM in the Temecula Community Center, 28816 Pujol Street, Temecula, California. President Pat Birdsall presiding. PRESENT: 5 DIRECTORS: Lindemans, Moore, Mufioz Parks, Birdsall ABSENT: 0 DIRECTORS: None Also present were City Manager Frank Aleshire, City Attorney Scott F. Field and June S. Greek, Deputy City Clerk. PUBLIC COI~ENTS None given. CSD BUSINESS 1. Minutes It was moved by Director Mufioz, seconded by Mayor Parks to approve minutes of March 27, 1990, April 10, 1990, April 21, 1990 and April 24, 1990 as mailed. The motion was carried by the following vote: AYES: 5 DIRECTORS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None 2. Memorial Softball Tournament - August, 1990 City Manager Aleshire reported at the last meeting a request was made by the Softball Association to hold a benefit baseball tournament in memory of David Dills and Todd Hastey. He also stated that on May 17, 1990, the CSA Board and Staff voted to recommend the fees be waived on this tournament. Mr. Aleshire recommended the City Council waive fees for use of Sports Park August 3, 4 and 5. 4\CSDMIN\052290 I 05/31/90 CSD Minutes May 22. 1990 Director Muhoz moved, Director Lindemans seconded a motion to waive fees for use of the Sports Park on August 3, 4, and 5, 1990. The motion was carried by the following vote: AYES: 5 DIRECTORS: Birdsall, Lindemans, Moore, Muhoz, Parks NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None 3. Grant Deeds - Tracts 20735-7 through 20735-9 and 20881 City Manager Aleshire discussed a report in the packet from Rebecca Stein, of CSA-143, indicating the three tracts were conditioned by the County to annex to the Community Services District for the purpose of maintaining landscaped areas. Mr. Aleshire recommended acceptance of the dedication of easements. It was moved by Mayor Parks, seconded by Director Moore to accept dedication of easements for maintenance of Tracts 20735-7 through 20735-9 and 20881. The motion was carried by the following vote: AYES: 5 DIRECTORS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None 4. CSD Budaet Considerations City Manager Aleshire reported that this is the proposed budget for the Community Services District, as discussed by the City Council in a workshop on May 12, 1990. Mr. Aleshire stated it is before the CSD Board tonight for consideration, to receive public comment, and to refer to a budget workshop to be held on May 29, 1990 at the Temecula Community Center. No requests to speak were presented. Mayor Parks asked if the budget as one presented tonight is the same budget presented at the May 12, 1990 workshop. Mr. Aleshire reported there have been some changes. He introduced 4\CSDMIN\052290 2 05/31/90 ~-- CSD Minutes May 22. 1990 Mary Jane Henry, Interim Director of Finance, to answer questions. Ms. Henry explained that at the request of the City Council, a Volunteer Coordinator has been added as well as an allocation for travel expenditures for The Parks and Recreation Commission. She stated there were also other minor changes made. Mayor Parks asked if there was an allocation made for field lights for the ball fields. City Manager Aleshire reported there is no specific allocation for field lights, however, there is $500,000 available for capital improvements which the CSD can decide how to spend at a future date. City Manager Aleshire stated there had been a change in Total Estimated Appropriations for Zone A, from $671,000 to $475,000. Mr. Bill Holley explained the savings occurred as a result of recalculating costs based on updated parcel information. It was moved by Director Moore, seconded by Mayor Parks to continue the Community Services District budget consideration to the workshop on May 29, 1990. Mayor Parks suggested that those citizens interested in the Community Services District obtain a copy of the budget and make sure that their interests are reflected. The motion was carried by the following vote: AYES: 5 DIRECTORS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None Engineer's Report on Fees and Charges for District Services City Manager Aleshire reported Willdan and Associates has worked out an assessment spread to fund the proposed 1990-91 CSD Budget. The report is included in the agenda packet and if the Council is satisfied, Mr. Aleshire recommended setting the matter for public hearing on June 26, 1990 and notifying the public through newspaper ads. Mr. Aleshire introduced Bill Holley to explain how the assessment program has been developed and give numbers as to individual households. 4\CSDMIN\052290 3 05/31/90 .-- CSD Minutes May 22. 1990 Bill Holley, Acting Director of Parks and Recreation, stated per the Council recommendation, the costs of the CSD District, which has been borne by approximately 10 of the 26 square miles of the City, be distributed throughout the community. Mr. Holley stated the County formula was used to determine the assessment spread. He stated that the entire CSD Budget would total $1,914,000, covering Parks and Recreation Services throughout the District, including capital improvements, recreation programs, master plan, operation and maintenance of the facilities. It also includes other services in certain subzones, i.e. street lighting and landscape maintenance and drainage control. Mr. Holley reported that single family detached homes would have an assessment of $29.72. Multi-family dwelling units would have an assessment of $14.86. Acreage would have a fee of $118.88 per acre. The only property not covered in the district would be exempted parcels such as government agencies and schools. Director Moore asked if the budget covered prospective parks, (i.e. 125 acres of "phantom" parks, Sam Hicks Parks), as well as existing parks. Mr. Holley stated it does cover maintenance of Sam Hicks Monument Park, however it does not cover prospective parks not included in District as of December 31, 1989. Mr. Holley said, parcels being maintained by the District must be submitted at the time the budget is being prepared. Mayor Parks asked what takes precedence, acreage or single family homes. Mr. Holley reported that single family unit takes precedence over acreage. Mayor Parks also asked if Linfield School, which is privately maintained, also receives the exempt status. Mr. Holley stated that exemptions are set as a policy of the Board of Directors, Linfield School is presently included in the formula. City Manager Aleshire asked how citizens will be notified what the assessment is for their property. Mr. Holley answered that a complete set of print-outs from Willdan will be available to answer questions. He stated if citizens have a specific question, they can call City Hall. Mr. Holley stated that most citizens, with a single-family unit, would be assessed as posted. President Birdsall suggested stating in the newspaper notice that citizens calling for questions should have their tax assessors parcel number available. 4\CSDMI~052290 4 05/3 !/90 CSD Minutes May 22. 1990 Mayor Parks moved, Director Moore seconded a motion to receive and file the Engineer's Report and set a public hearing on June 26, 1990 to take public input and to direct staff to notify the above public hearing in accordance with Government Code provisions regarding publication of notices. The motion was carried by the following vote: AYES: 5 DIRECTORS: Birdsall, Lindemans, Moore, Muhoz, Parks NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None MANAGERS REPORT None given. DIRECTORS REPORTS Director Mu5oz requested a report from staff on the next CSD agenda regarding how the CSA determines charges for homeowners association annexation into the CSD. President Birdsall, stated that normally this property passes through from the developer. She stated that if the developer did not apply to CSA-143 and the homeowners decided they wanted to be included, they would be subject to the same conditions as developers. ADJOURNMENT It was moved by Mayor Parks, seconded by Director Moore to adjourn at 8:48 PM. The motion was unanimously carried. Patricia H. Birdsall, President ATTEST: June S. Greek, Deputy City Clerk 4\CSDMIN\052290 5 05/31/90 FOR ?~ Riverside County Service Area 443 JEANINE R. OVERSON, DIRECTOR 29377 Rancho California Road, Suite t05 - Temecula, CA 92390 [714] 699-0235 DATE: May 17, 1990 TO: June Greek - City of Temecula FROM: Jeanine R. Overson - CSA 143 Director SUBJECT: Agenda Items for TCSD Meeting Please find enclosed the Facilities Use Agreement for the Temecula Community Service District and Temecula Valley Unified School District and a copy of the CSA 143 Advisory Committee minutes of May 17, 1990. This agreement was originally prepared for the CSA, however, the Riverside County Counsel and redrafted this agreement for the Temecula Community Service District. This office request this item be placed on the TCSD agenda for May 22, 1990, for review and approval. Should you have any questions on this matter please contact this office. Memorandum RECEIVED 1990 May 7, 1990 TO: FROM: Mel Bohlken, CSA Administrator Joe S. Rank, Deputy County Counsel 1990 RE: Use of Facilities Agreement Between Temecula Valley Unified School District and the Temecula Community Services District. At our request, the attached agreement has been redrafted to recognize that the Temecula Community Services District is the appropriate contracting party. Please forward this to the CSD as soon as possible for their review, and if appropriate, approval. Give us a call if there is need for clarification. USE OF FACILITIES AGREEMENT THIS AGREEMENT is made, executed and entered into by and between the TEMECULA VALLEY UNIFIED SCHOOL DISTRICT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, hereinafter called "District," and COUNTY OF RIVERSIDE acting on behalf of TEMECULA COMMUNITY SERVICES DISTRICT, hereinafter called "CSD." RECITALS 1. Section 10905 of the California Education Code authorizes and empowers park districts and public school districts to cooperate with one another for the purpose of organizing, promoting, and conducting programs of community recreation which wi].l contribute to the attainment of general recreational and educational objectives for children and adults of the State of California. 2. Section 40041 of the California Education Code authorizes the District to grant the use of school facilities or grounds upon the terms and conditions the District Governing Board deems proper, subject to the limitations and restrictions set forth in the civic Center Act. (Education Code section 40040, et seq.) 3. The District and CSD desire to enter into an Agreement for the joint use of the swimming pool facilities and grounds located at Temecula Middle School, 41951 Moraga Road, Temecula, California. NOW, THEREFORE, the District and CSD for the covenants, agreements, representations and consideration contained in this Agreement, agree as follows: 1. Term: This Agreement shall be effective as of , 1990, and shall terminate on , 1990. This Agreement may be extended and/or renewed only upon written approval by the District for any period permissible under a law in effect on the date of extension or renewal. Any extension or renewal of this Agreement shall be under the provisions set forth herein. To request renewal, CSD shall give written notice to the District on or before , 199__. 2. Fee: For and in consideration of the use set forth herein, CSD shall pay to the District an amount equal to the direct costs to the District. As used herein, "direct costs" means those costs of supplies, utilities, janitorial/custodial services, services of any other District employees, and salaries paid District employees necessitated by CSD's use of the swimming pool facilities and grounds at Temecula Middle School. 3. Use of Property: a. The District shall at all times have first priority for use of the Temecula Middle School swimming pool facilities and grounds. At such times, the District shall provide supervision and maintenance. b. CSD shall have the use of the Temecula Middle School swimming pool facilities and grounds from 10:00 a.m. to 6:00 p.m. on Saturdays and Sundays, and during the District's spring recess session, during the term of this Agreement. During such use, all necessary security, trash collection, and supervision (including but not limited to, certified lifeguards) shall be provided by employees, independent contractors, agents or officers directly employed by CSD. c. The District may preempt CSD's use of the Temecula Middle School swimming pool facilities and grounds for use by the District and other civic organizations on weekends. 4. Riqht of Access: The District hereby grants to CSD a right of access to the Temecula Middle School swimming pool facilities and grounds as necessary for its use in accordance with this Agreement. 5. Insurance: CSD shall provide and maintain at its own expense during this Agrement a policy or policies of insurance covering its operations under this Agreement as specified herein. a. Statutory workers' compensation insurance to meet all requirements of the Labor Code of the State of California and occupational disease insurance as applicable, including employer's liability insurance in limits of not less than $1,000,000 for each person and $1,000,000 for any one accident, covering all of CSD's personnel. b. Comprehensive public liability insurance covering the CSD's operations under this Agreement with bodily injury, and death limits of not less than $1,000,000 as to any one occurrence and property damage insurance with limits of not less than $1,000,000 as to any one occurrence. c. The insurance described in subsections a and b above shall name the District as an additional name insured and shall also provide contractual liability coverage satisfactory to the District with respect to liability assumed by CSD under the provisions of this Agreement. Written proof of compliance with the requirements of this paragraph consisting of certificates of insurance and a copy of the additional insured -2- KEG/52020305.AN1 endorsement to CSD's insurance policies in a form acceptable to CSD shall be filed with and approved by the District prior to any operation by CSD under this Agreement and prior to each policy year thereafter. CSD shall effect renewal of such insurance not less than thirty (30) days prior to expiration thereof and shall promptly advise the District that such renewal has become effective. d. CSD may self insure pursuant to subsections a and b above. Such self insurance may be evidenced by a letter of insurance from Riverside County Risk Management stating coverage of the limits set forth in subsections a and b above. Written proof of CSD's self insurance pursuant to subsections a and b above shall be filed with and approved by the District prior to any operation by CSD under this Agreement and prior to each policy year thereafter. 6. Indemnification: CSD agrees to indemnify, defend and hold harmless the District, its Board members, officers, agents and employees from every claim or demand made, and every liability, loss, damages, or expense arising out of CSD,s use of the facility, with the exception of any claims or litigation arising through the sole negligence or willful misconduct of the District, including all costs and reasonable attorney fees in providing a defense of any claim arising therefrom, which may be incurred by reason of: a. Liability for damages for (1) death or bodily injury to persons, (2) injury to, loss or theft of property, or (3) any other loss, damage or expense arising under either (1) or (2) above, sustained by CSD or any person, firm or corporation employed by CSD upon or in connection with the performance of this Agreement. b. Any injury to or death of persons or damage to property caused by any act, neglect, default or omission of CSD, either directly or indirectly or by independent contract, including all damages due to loss or theft, sustained by any person, firm or corporation, including the District, arising out of, or in any way connected with the performance of this Agreement. c. CSD, at its own expense, cost, and risk, shall defend any and all actions, suits, or other proceedings that may be brought or instituted against the District, its Board members, officers, agents, or employees, on any such claim, demand or liability, and shall pay or satisfy any judgment that may be rendered, or damages that may be awarded against the District, its Board members, officers, employees, or agents in any action, suit or other proceedings as a result thereof. -3- KEG/52020305.AN1 7. Termination: Either party may terminate this Agreement upon giving the other party thirty (30) days written notice. 8. Notice: All notices regarding this Agreement shall be in writing and shall be given to the other party at the following addresses: To the District at: Temecula Valley Unified School District P.O. Box 279 Temecula, CA 92390 To CSD at: Temecula Community Services District 29377 Rancho California Road, Suite 105 Temecula, CA 92390 9. Waiver: No waiver of any term or condition of this Agreement shall be considered a continuing waiver thereof. Any waiver must be in writing. 10. ScoDe of Agreement: This Agreement constitutes the entire agreement between the parties. It may not be modified except by an agreement, in writing, signed by the party against whom the enforcement of any waiver, change, modification, or discharge is sought. 11. Attorney's Fees: The District and CSD agree that in the event of any dispute or litigation which is necessary to interpret or enforce the provisions of this Agreement, the prevailing party shall recover all costs and expenses, including reasonable attorney's fees. The aforesaid attorney's fees shall be recoverable as an element of costs of suit, and not as damages. 12. Assiqnment: CSD may not assign this Agreement. III -4- ' KEG/52020305.AN1 13. Remedies: The District shall have all rights and remedies available to it under California law in the event of a default under or breach of this Agreement. IN WITNESS WHEREOF, this Agreement consisting of five (5) typewritten pages has been duly executed by the above-named parties. TEMECULA VALLEY UNIFIED SCHOOL DISTRICT TEMECULA COMMUNITY SERVICES DISTRICT By: Authorized Representative By: Authorized Representative Typed or Printed Name Typed or Printed Name Title: Title: Date: Date: APPROVED AS TO FORM: ATKINSON, ANDELSON, LOYA, RUUD & ROMO By: KAREN E. GILYARD 96/87/9g 1~57 ~ 7147555648 BgS OC g2 ef f/AGD13407 DRTB I M~BTIHCJ D&TB $ BOARD OF DIRECTOR~, T~CULA COMMUNITY SERVICE; DISTRICT SCOTT F. FIELD, DISTRICT COUN~L ~ JUNE 7, 1990 JUN~ 1~, 1990 LEVY OF RATES AND CHARGES TO FUND PA~K OP~KATZONS, MAINTENANCE ARD, CAPITAL IMPROVKM~NT$~ $TR~BT LIGHTING AND OTHER MISCELLaNeOUS EXPZNSZS. That ~ho Board direct gtaff Revise the CSD Budget and proposed Rates and Charges to take into account new financial informat~on obtained ~rom the County and CSA~ Provide published and mailed notice of the ~ublic Hearing on the proDosed Rates and c~arges: Draft a Fact S~eet to be included WIT~% the Hearing Notice, explaining the purpose of the Rates and Charges; Reset the date of the public heating to 8:00 p.m. on July 10, 1990 at the Community Center; Hire such consultants as are necessary to a¢com~lis~ the a~ove; and, 6. Continue th~s Meeting to June 19, 1990. DIB~I;SSIONz The City Council previously approved: (i) use Of pubiC;had notice of the ~ublio hearing on the levying o£ Rates and Charges, and (ii) the Willdan Report on the Rates and Charges. Since then, Staff has received a number of comment.~ and inquiries questioning both the manner of notice sff/AOD13407 ae wall as the spread of Rates and Charges, particularly as to vacan~ parcels. This has led Staff£ to ma~e the following recommendations: 1. CSD Budget and ~hs Rpsultina Rates and Charyes. The District'~ Park and Recreation Consultant, Mr. William Holley, has recently received additional information from the County and the CSA indicating that the earlier 1990-91 Budvet underestimated the ooat of landscape maintenance by approximately $300,000. This fact leads Staff to recommend that the Councll direct that a revised Budget be prepared for the CaD, to be provided at the June 19, 1990 meeting. In addl~ion, Star= has also received inquiries regarding the proposed levy on vacant land. W~lldan's Rates and Charges Report was based upon t~s same formula the county had used for the CSA. This formula essentially levied a charge on all non-residential land, be it developed with commercial buildings or vacant, of the equivalent of four ~ingle-family dwelling~ ~e= acre. While we think this is a fair approach, the District has no history as to its .application. To address this situation, staff proposes that a provision be added to the Rates and Charges that would allow for filing of 'hardship" appeaIs. This would be an administrative procedure to allow individuals to request reducing t~eir levy. We believe this is neoessary to address any adjustments necessary for individual parcels. ~owever, it Will necessl:a=e a sll~n= Budge= increase for administrative overhead to allow for such appeals. For all the above reasons, the resulting revised Budge~ will necessarily require that Willdan revise its Rates and Charges Report. In order to keep the project on suhedule eo that the required information can be deliYered to the Assessor's Office by August 1, 1990, the revised Budget, and Rates end Chargee Report will be delivered to the Board in time for a June 19, 1990 meeting. If approved, notice of =he Rates and Charges would be ~uDltshed and ma~led for the July 10 public hearing. Considerat~on of approval of the Ra~es and charges could not be delayed until June Z6 because there would be insufficient time to deliver notice. consequently, it is necessary for the CSD to continue i~s meeting of June 12, 1990 to June 19, 1990. 2. Public Hearing Notice. We have further reviewed and reoonsidered our recommendation of using published no~ice of the public hearing. We have concluded that the legally ~ound approach diotate~ that indiv~dual sff/AGD13407 actual notice of the public hearing on the proposed Rate= and Charges. In addition; this would provide the District the further advantage of being able to include a fact sheet with the notice. The fact sheet would be in a question and answer format, setting ~or~h the purpose of the Rates and Charqes. xn order to accomplish such a mailed notice, It is necessary to reset the public hearing to July 10, 1990. This would give Staff adequate time to provide the mailed notice. It also still would provide the Board with an opportunity to continue the p~blio hearing to July 24, 1990, should that be necessary. Following the public hearing, the Board would take final action by ~e~olution to approve the Rates and Charges. That Resolution would then be delivered to the Assessor's Office prior to August 1, 1990, so that the Rates and Charges could be assessed on the property tax rolla. Fiso.1 Ta~act The original DUdget to cover all of the above expenses was or!~inally established at $30,000. At the time of the writtn~ of this Repol~c, it ep~arad that ~he $~0,000 is sufficient to cover a!l of the above expenses, including providing mailed notice. However, staff is ~till collecting information relative to the cost of providing mailed notice. Consequently, we may request a small addition to the budget to cover these expenses at the June 12, 1990 meetlag. -3-