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HomeMy WebLinkAbout081092 PRC Agenda AGENDA TEMECULA PARKS AND RECREATION COMMISSION ADJOURNED REGULAR MEETING TO BE HELD AT TEMECULA CITY HALL AUGUST 10, 1992 6:00 PM CALL TO ORDER: Flag Salute Chairman Harker ROLL CALL: Harker, Hillin, Nimeshein, Walker PUBLIC COMMENTS: A total of 15 minutes is provided so members of the public can address the Commissioners on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commissioners about an item not listed on the Agenda, a green "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name and address. For all other agenda items, a "Request to Speak" form must be filed with the Parks and Recreation Secretary before the item is addressed by the Commission. There is a three (3) minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Commission request specific items be removed from the Consent Calendar for separate action. 080592.agn 080592 1 DIVISION REPORTS CONSENT CALENDAR Approval of Minutes 1.1 Approve minutes of June 8, 1992 Parks and Recreation Commission meeting as submitted. PUBLIC HEARING 2. Naming of Two 12) Mini-Parks RECOMMENDATION: 2.1 Adopt Resolution No. 92- approving the revised Naming Policy for Park Sites, and recommend to the Board of Directors that the policy be adopted by resolution. 2.2 Recommend to the Board of Directors names for two (2) mini-parks located within the Village Encore development, northeast of Rancho California and Margarita Road. COMMISSION BUSINESS 3. City Smoking Policy RECOMMENDATION: 3.1 Receive and file information concerning the City's Smoking Policy. 4. Pool Lease with Temecula Valley Unified School District RECOMMENDATION: 4.1 Approve agreement with the Temecula Valley Unified School District to lease the pool and bath house facility at Temecula Elementary School through September 30, 1994. 080592.agn 080592 2 6 Capital Improvement ProcJram - FY 1992-93 RECOMMENDATION: 5.1 Consider and recommend to the Board of Directors to approve an updated Capital Improvement Program for FY 1992-93. Parks and Recreation Commission Workshop RECOMMENDATION: 6.1 Approve the scheduling of a joint workshop with the Temecula and Murrieta Parks and Recreation Commission to be facilitated by representatives from the California Association of Park and Recreation Commissioners and Board Members (CAPRCBM|. Commissioner Vacancy RECOMMENDATION: 7.1 Receive and file. COMMUNITY SERVICES DIRECTOR REPORT PARKS AND RECREATION COMMISSION REPORTS ADJOURNMENT Next regular meeting, September 14, 1992, 6:00 p.m., City of Temecula, City Hall, 43174 Business Park Drive, Temecula, California, 92590. 080592.agn 080592 3 ITEM NO. 1 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PARKS AND RECREATION COMMISSION MONDAY, JUNE 8, 1992 A regular meeting of the City of Temecula Parks and Recreation Commission was called to order Monday, June 8, 1992, 6:00 P.M., Temecula City Hall, 43174 Business Park Drive, Temecula, California. The meeting was called to order by Chairman Evelyn Harker. The Commission led in the flag salute. PRESENT: 3 COMMISSIONERS: Nimeshein, Walker, Harker ABSENT: 2 COMMISSIONERS: Hillin, Kirby Also present were Shawn Nelson, Director of Community Services and Gail Zigler, Minute Clerk. PUBLIC COM/~ENT None DIVISION UPDATES Gary King advised of the following: * Rolf Preisendanz promoted to Planning Technician , Refunds checks have been distributed. , Notice of Public Hearing regarding raise in charges has been mailed. * Public Hearing workshops scheduled for June 11, 1992, 6:00 P.M. at the Teen Center and June 20, 1992, 10:00 A.M., at the Teen Center. , Working on the Senior Center. Herman Parker advised of the following: , June 6th, opened pool at Temecula Middle School. , 52 presently enrolled in Summer Day Camp. Trips have been planned for Sea World, Raging Waters, etc. , Scholarship program has been instituted. Will be mailing out information to the press. , Parks and Recreation brochure will be mailed out this week. PRMIN(~/08/92 -1- 6/17/92 PARKS AND RECREATION COMMISSION JUNE 8.1992 Worked on providing crisis intervention for the young adults at the Teen Center in the wake of the June 2 fatal traffic accident. , Sports Park food concession contract awarded to Barbie's Dogs. Maintenance Superintendent Bruce Hartley advised of the following: Preparing for the Father's Day Car Show at Sports Park and coordinating with the recreation division for the Arts Festival at sam Hicks Park and Sports Park in July. , Preparing pool for summer programs. Concentrating efforts to get the parks, slopes and easements cleaned up. COMMISSION BUSINESS 1. APPROVE THE MINUTES OF MAY 11, 1992 Commissioner Walker stated that she had questioned the continued absence of Commissioner Kirby during the Commissioner Reports portion of the May 11, 1992 meeting and requested that her comments be added to the minutes. It was moved by Commissioner Nimeshein, seconded Commissioner Walker to approve the minutes as amended. by AYES: 3 COMMISSIONERS: Nimeshein, Walker, Harker NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Hillin, Kirby 2. SENIOR CENTER REVIEW Gary King gave a presentation on the status of the Senior Center. Dean Davidson, representing Dean Davidson & Associates, reviewed the elevations and floor plan. Mr. Davidson stated that construction should begin after Labor Day and be completed prior to Christmas. Commissioner Nimeshein suggested that accordion doors be placed in the main assembly room to accommodate smaller groups. He also suggested that the air conditioning be controlled separately in each room. PRMIN6/08/92 -2- 6/17/92 PARKS AND RECREATION COMMISSION JUNE 8,1992 Chairman Harker recommended that staff start thinking about the rules and procedures for the use of the facility and fees for outside groups. 3. 1992-93 TEMECULA COMMUNITY SERVICES DISTRICT BUDGET Shawn Nelson reviewed the 1992-93 TCSD budget. TEMECOLA LIBRARY ANDCOMMUNITY SERVICES DEPARTMENTCOORDINATED ACTIVITIES Herman Parker advised that he had a discussion with the Branch Manager of the new Temecula Library and she expressed a interest in working with the Community Services Department on the possibility of coordinating some new programs in education and recreation. Shawn Nelson advised the Commission that Herman Parker would be meeting with Library representatives in August and would pass along any ideas that the Commission might have on coordinated programs. 5, ARTS FESTIVAL EVENT JAMBOREE Herman Parker advised that the Annual Arts Festival Event Jamboree will be held at Sam Hicks Park on July 19, 1992 and Sports Park on July 25th and 26th. Mr. Parker advised that the Arts Council was planning to offer the sale of alcohol on July 25th. Eve Craig, 43633 Buckeye Road, Temecula, representing the Arts Council, presented the Commission with an Arts Festival Program and provided staff with a Certificate of Insurance. Ms. Craig stated that Budweiser has asked for permission to advertise their beer using a 12' to 15' balloon, and asked for the Commission's approval. chairman Harker advised that the Arts Council must also provide Liquor Liability Insurance. Eve Craig stated that she would provide staff with the necessary insurance documents and added that security will be provided. The Commission's consensus was advertisement for the sale of authorize the use of a banner. not to allow the balloon as alcohol, however they did FRMIN6/O8/92 -3- 6/17/92 PARKS AND RECREATION COMMISSION JUNE 8, 1992 It was moved by Commissioner Walker, seconded by Commissioner Nimeshein to approve the sale and consumption of alcoholic beverages during the July 25th portion of the Arts Festival Event Jamboree at the Sports Park provided the Arts Council secures the necessary Liquor Liability Insurance. The motion carried as follows: AYES: 3 COMMISSIONERS: Nimeshein, Walker, Harker NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Hillin, Kirby COMMUNITY BERVICES DIRECTOR REPORT Shawn Nelson provided the following update: Speaking engagement for the Murrieta Parks and Recreation Department on Thursday, July 2, 1992, 7:00 P.M., Murrieta city Hall. Will discuss a joint workshop. July Agenda will bring information concerning a joint workshop and anti-smoking policies. Assessment Districts will go before the City for comments this month. Tapes are available from the League of California Cities relating to the Public Services conference. Chairman Harker asked staff to get the tapes on the Monrovia conference regarding "gangs". Herman Parker is involved in ordering signs for all the parks. Discussed the Parks and Recreation Departments involvement in the fatal traffic accident at the high school. Chairman Harker stated that a follow-up crisis counseling session should be planned for the near future. Shawn Nelson advised that staff has already planned for follow-up counseling in approximately 3 to 4 weeks. PRMIN6/OB/92 -4- 6/17~92 PARKS AND RECREATION COMMISSION JUNE 8, 1992 PARKS AND RECREATION COMMISSIONER REPORTS Commissioner Walker suggested that the City plant five (5) rose bushes at Sports Park, on the corner where the accident occurred with a bronze plaque in memory of the five individuals who were killed in the accident of June 2, 1992. It was the consensus of the Commission that staff forward this to the City Manager's office. Commissioner Nimeshein recommended that the two mini-parks be named. Chairman Harker discussed the following: Recommended that staff work on rules and procedures of the Senior Center. Recommended that the Commissioners attend as many public hearings as possible, at which Shawn Nelson will discuss the raise in assignment district charges. Recommended that the Teen Council do a float for the 4th of July parade. Advised of her conversation with commissioner Kirby regarding his continued absence at the Parks and Recreation Commission meetings and he stated that he felt he had already resigned. Chairman Harker stated that she has advised Commissioner Kirby if he does not submit a letter of resignation, the City will have to dismiss him from the Commission. ADJOURNMENT It was moved by Commissioner Walker, seconded by Commissioner Nimeshein to adjourn at 7:45 P.M. The next regular meeting of the City of Temecula Parks and Recreation Commission will be held on Monday, July 13, 1992, 6:00 P.M., Temecula City Hall, 43174 Business Park Drive, Temecula, California. Chairman Evelyn Harker Secretary PRMIN6/08/92 -S- 6/17~92 ITEM NO. 2 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: FROM: DATE: SUBJECT: GARY L. KING AUGUST 10, 1992 PARKS AND RECREATION COMMISSION NAMING OF TWO MINI-PARKS RECOMMENDATION: That the Parks and Recreation Commission: 1. Adopt Resolution No. 92- approving the revised Naming Policy for Park Sites, and recommend to the Board of Directors that the policy be adopted by resolution. 2. Recommend to the Board of Directors names for two (2) mini-parks located within the Village Encore development, northeast of Rancho California and Margarita Road (see attached map). DISCUSSION: On April 23, 1991, the Board of Directors adopted a policy for naming parks and recreation facilities. As part of that policy, the Park and Recreation Commission was given the responsibility to select potential names and to forward those names to the Board of Directors for ratification. Staff is recommending that the naming policy be revised to allow the Commission to consider names for City park sites during a Commission meeting under Commission business. The current policy requires the naming of park sites to be held only through a Public Hearing. Since one of the priorities in naming park sites is given to geographical locations, staff recommends that the following names be considered for the park sites to coincide with their immediate street name location: 1. Calle Aragon Park 2. Bahia Vista Park Pursuant to the existing naming policy, the Parks and Recreation Commission may approve staff's recommendation or recommend any desired name to the Board of Directors. RESOLUTION NO. 92-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING A POLICY FOR NAMING PARKS AND RECREATION FACILITIES WHEREAS, on April 23, 1991, the Board of Directors (the "Board") adopted a policy for naming parks and recreation facilities; and WHEREAS, the Community Services District and the Parks and Recreation Commission requests that the aforementioned policy be adopted by resolution; NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT DOES HEREBY, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the policy for naming parks and recreation facilities as set forth on Exhibit "A" is adopted establishing a uniform policy and procedure that identifies criteria for the naming of parks and recreation facilities. PASSED, APPROVED AND ADOPTED this day of , 1992. TEMECULA COMMUNITY SERVICES DISTRICT A i I EST: President Secretary [SEAL] Exhibit "A" TEMECULA COMMUNITY SERVICES DISTRICT Naming Parks and Recreation Facilities PURPOSE To establish a uniform policy and procedure that identifies criteria for the naming of parks and recreation facilities. POLICY The Park and Recreation Commission will be responsible for the selection of names for parks and recreation facilities. Once a name is selected, it will be forwarded to the Board of Directors for ratification. Staff will be responsible for encouraging citizens and community organizations to suggest possible names that will then be forwarded to the Commission for consideration. At a minimum, each park and community building will be designated a name. Naming of specific areas within a park (garden, swimming pool, lake, ballfield, etc.) is acceptable but should be kept to a minimum to avoid confusion. No park shall be given a name which might be perceived as controversial by the community. All names selected shall be acceptable and meaningful to a majority of the neighborhood/community where the park or recreation facility is located. Priority in naming sites shall be given to geographical locations, historic significance or geologic features. No park shall be named for a person, except where an individual has made a significant financial contribution toward the acquisition and/or development of the park or facility, or has been an outstanding long-time community leader who has supported open space and recreational activities. All park and recreation facilities will be designated a formal name within six months of acquisition or construction. All parks shall have an entrance sign. Buildings will have an entrance sign and a plaque inside the facility for name identification. The name of a park or recreation facility may be changed only after a hearing is held by the Commission to receive community input and direction. No name shall be changed unless there is significant justification and support by the community. RESPONSIBILITY Department Parks and Recreation Commission Department 2. 3. 4. ACTION Acquires a new park or recreation facility. Solicits possible names from community. Forwards suggested names to the Parks and Recreation Commission for consideration. Receives any additional community input. Selects a name for the new park or recreation facility. Forwards name to City Council for ratification. Installs the appropriate naming sign or plaque. CITY OF TEMECULA EXISTING PARKS AND FACILITIES 1 SPORTS PARK 72 ACRF~ ~ ~l~S PARK ~,1 A~ IN! P~ 0~ A~ 2 PAUl4 FISCAL YEAR 1992-93 PARKS Calla Aragon Park Slope Sq. Ft. Turf Grass Sq. Ft. 25.380 14,580 FISCAL YEAR 1992-93 PARKS Avenida De La Reins 10.000 18.630 RAIlClIO CALIFORtt! CCRTE - - ITEM NO. 3 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: PARKS AND RECREATION COMMISSION FROM: HERMAN D. PARKER DATE: AUGUST 1 O, 1992 SUBJECT: CITY SMOKING POLICY DISCUSSION: The City of Temecula has adopted and observes the County of Riverside Ordinance, Number 618, which provides for the regulation and prohibition of smoking. This ordinance primarily addresses smoking restrictions pertaining to enclosed or indoor facilities. It does not address smoking restrictions in open air or outdoor facilities. Currently there is no city or county ordinance that restricts smoking in public open air or outdoor facilities. Attached you will find a copy of the County of Riverside Ordinance, Number 618. The League of California Cities has a division in place solely devoted to monitoring city tobacco use ordinances and regulations. After contacting the League of California Cities, we were informed that over 200 cities have adopted ordinances which regulate smoking and tobacco use in indoor facilities. However, other than limited smoking restriction in sport stadiums and fire hazarded areas, there are no ordinances that regulate or restrict smoking in public, open, outdoor spaces, such as parks, picnic areas, or athletic fields. Attached you will also find, copies of smoking ordinance from the City of Davis and the Town of Los Gatos, which were mailed to us from the League of California Cities. Attachments: County of Riverside Ordinance, Number 618 City of Davis Ordinance Town of Los Gatos Ordinance 4D tagendes IA GENFRK. 992 072792 ORDINANCE NO. 618 AM ORDINANCE OF THE COUNTY OF RIVERSIDE pROVIDING FOR THE RMGULATION AND PROHIBITION OF SMOKING The Board of Supervisors of the County of Riverside, State of California, do ordain as follows: Section 1. The smoking of tobacco or any other weed or plant is a positive danger to health and a material annoyance, inconvenience, discomfort and a health hazard to those who are present in confined spaces, and in order to serve public health, safety and welfare, the declared purpose of this ordinance is to protect nonsmokers to the maximum extent possible from secondhand smoke in public places and places of employment, as skated and required in this ordinance: Section 2. For the purposes of this ordinance, the following definitions apply: a. "Bar" shall mean an area which is devoted to serving of alcoholic beverages and in which the service of food is only incidental to the consumption of s~ch beverages. b. "Eating establishment" means every publicly or privately owned eating place, including every coffee shop, cafeteria, short-order care, luncheonerrs, sandwich shop, soda fountain and restaurant. c. "Employee" means any person who is employed by an employer for direct or indirect monetary wages or profit. d. "Employer" means any person who employs the services of an individual person. e. "Enclosed" means closed in by a roof and four walls with appropriate openings for ingress and egress, but does not include areas commonly described as public lobbies. f. "Motion picture theater" means any rhearut engaged in the business of exhibiting motion pictures. g. "Smoking" means the combustion of any cigar, cigarette, pipe or any similar articles, using any form of tobacco or other combusti~l~ substance in any form. h. ~orkplac~· meau%~ any enclosed area of a structure or portion thereof intsnde~ for ocuupancy by business entities which will provide primarily clerical, professional or business services to o~her business entities or to the public, at that location. Workplace includes, but is not limite~ to, office spaces in office buildings, medical office waitin~ rOc~nS, libraries, museums, hospitals and nursing homes. Except as heroin defined, words used in this ordinance shall have the meaning~ con~only ascribed to ~hem. In case of a dispute over the meaning of a ~rd, the definition shall be that given in the most recent edi=ion of Webster's Collegiate Dictionary. Section 3. SMOKING PROHIBITED--ELEVATORS. and is unlawful in elevators. Smoking is prohibited Section 4. SMOKING PROHIBITED--HOSPITALS, HEALTH CARE AND CHILD CARE FACILITIES: a. In public areas of health care facilities and hospitals, as defined in Section 1250 of the California Health and Safety Code, including waiting rooms, public hallways and lobbies, smoking is prohibited, except in specially designated smoking areas, which may be all or part of a public area. b. Every publicly or privately owned health care facility, including hospitals, shall make a reasonable effort to determine preference and to assign patients placed in rooms occupied by two or more patients according to the patient's individual nonsmoking or smoking preference. Where a nonsmoker is placed in a room with a smoker, the rights of the nonsmoker shall be given precedence. c. In rooms and areas occupied by patients, smoking shall be prohibited for hospital staff, visitors and the general public. 'STAFF AND VISITOR SMOKING PROHIBITED' signs and/or the international logo sign for no smoking shall be conspicuously posted in each patient room. d. In child care facilities, including those in private homes, during operating hours in rooms where children are present, smoking is prohibited. Section 5. SMOKING PROHIBITED--PUBLIC MEETING ROOMS. Smoking prohibited and is unlawful in hearing rooms, conference rooms, chambers and places of public assembly in which public business is conducted, when the public business requires or provides direct participation or observation by the general public. is Section 6. SMOKING PROHIBITED--THEATERS AND AUDITORIUMS. Smoking is prohibited and is unlawful in every publicly or privately owned theater, auditorium or other enolosed facility which is open to the public for the primary purpose of exhibiting any motion picture, stage drama, musical recital, athletic events or any other performance or event in all areas except either in that area commonly known as the lobby, or in areas not open to the public, except athletic events w~ere smoking shall be permitted in specially designated. areas. EVery owner and/or manager of such theater, auditorium or other enclosed facility used for the purposes stated heroin, shall post signs conspicuously in the lobby stating nhat smoking is prohibite~ within the theater, auditorium or facility, and in the case o=~otlon picture theaters, such information shall be sho.wn upon the screen for at least five seconds before showing feature motion pictures. Section 7. SMOKING PROHIBITED--EATING ESTABLISHMENTS. S~oking is prohibited and is unlawful in all indoor eating establishments serving food whose occupancy capacity is fifty Or more persons. This prohibition shall not apply to any such establishment maintaining a Ord. 618-2 contiguous no smoking area of at least one-quarter of the seating c.%pacity. This prohibition shall not apply to any rooms which are being used for establishment purposes for private functions. If a smoking area is maintained, the preference of the patron is to be determined by the management and the patron shall be seated according to preference if possible. Any portion Of an indoor eating establishment used for bar purposes is excluded from the restrictions of this section. Section 8. SMOKINC PROHIBITED--DEPARTMENT STORES. Smoking is prohibited and is unlawful in public areas of every department store which sells dry goods, clothing or utensils, excluding areas outdoors. Section 9. REGULATION OF SMOKING IN THE WORKPLACE· a. Within 90 days of the effective date of this oridnance, or within 90 days of having first engaged the services of an employee, for employers who are not in operation on the effective date of this ordinance, each employer shall adopt, implement and maintain a reasonable written smoking policy which should contain a= a minimum the following: 1. Prohibition of smoking in employer conference and meeting rooms, classrooms, auditoriums, restrooms, medical facilities, hallways and elevators. 2. Provision and maintenance of a contiguous no smoking area of not less than one-half of the seating capacity and floor space in cafeterias, lunchrooms and employee lounges. 3. Any employee in the w~rkplace shall be given the right to designate his or her immediate work area as a nonsmoking area and to post it with appropriate signs or sign. The policy adopted by the employer shall include a definition of the term 'inu~ediate work area' which gives preferential consideration to nonsmokers. In any dispute arising under the smoking policy, the rights of the nonsmoker shall be given precedence. Except where Other signs are required, whenever s~oking is prohibited, conspicuous signs shall be posted so stating, containing all capital lettering nor less than one inch in height, on a contrasting background. In lieu of such signs the international no smoking logo may be prominently displayed. The smoking policy shall be communicated to all employees within two weeks of its adoption. Notwithstanding the provisions of subsection a. of this section, every employer shall have the right to designate any working place as a nonsmoking area. This section is not intended to regulate smoking in the following places and under the following conditions: 1. A private home which may serve as a workplace, except as required pursuant to Subsection d. of Section 4. ord. 618-3 ge 2. Any property owned or leased by other governmental agencies. 3. A private, enclosed workplace occupied exclusively by smokers, even though such a workplace may be visited by nonsmokers, excepting places in which smoking is prohibited by the fire marshal or by other law, ordinance or regulation. 4. Food and beverage service areas of indoor eating esnablishments. An employer who in good faith develops and promulgates a reasonable written policy regarding smoking and nonsmoking in the workplace shall be deemed to be in compliance with ~his chapter provided that a policy which designates an entire workplace as a smoking area shall not be deemed a reasonable policy. Section 10. POSTING OF SIGNS REQUIRED. Except where other signs are required, whenever in this ordinance smoking is prohibited, conspicuous signs shall be posted so stating, containing all capital lettering not less than one inch in height and/or ~he international no smoking logo, on a contrasting background. It is the duty of the owner, opera=or, manager or other persons having control of such room, building or other place where smoking is prohibited, to post such signs or to cause such .signs to be posted. It shall be unlawful to willfully mutilate or destroy any signs required by this ordinance. Section 11. OTHER AGENCY COOPERATION. Federal, State, school and special district officials are urged to enact and enforce provisions similar to ~he provisions contained herein. Section 12. a. STRUCTURAL MODIFICATIONS NOT REQUIRED. It shall be =he responsibility of smployers to provide smoke-free areas for nonsmokers within existing facilities to the maximum extent possible, but employers are not required to incur any expense to make structural or other physical modifications in providing these areas. Nothing. in this ordinance shall require the owner, operator or manager of any theater, auditorium, health care facility or'any building, facility, structure or business to incur any expense to make structural or other physical modifications to any area or w~rkplace. Nothing in this section shall relieve any person from the duty ~dpo~t signs or adopt policies as required by this ordinance. Section 13. EXEMPTIONS. Any owner or manager of a business or o~her establishment subject to this ordinance may apply to the individual, department or agency designated by the Board of Supervisors for an exemption or modification to any provisions of this chapter due to unusual circumstances or conditions. Ord. 618-4 a. Such exempti6n shall be granted only if the designated individual, depar=ment or agency designated by the Board of Supervisors finds from the evidence presented by the applicant for exemption at a public hearing either that: h The applicant cannot comply wi~h the provisions of this ordinance for which an exemption is requested without incurring expenses for structural or other physical modifications, Other than posting signs, to buildings and structures. 2. Due to such unusual circumstances, the failure to comply with the provision for which the exemption is requested will not result in a danger to health or annoyance, inconvenience or discomfort. b. The applicant for an exemption shall pay the fee prescribed by the Board of Supervisors resolution with the application to cover cost of the hearing and noticing of the hearing. Section 13.1 ACTIVITIES NOT REGULATED. The following organizations and activities are not subject to the provisions of this ordinance: a. Activities organized, and w~ile operating, under the provisions of Riverside County Ordinance No. 558 (Bingo Ordinance). Section 14. PENALTIES. Violation of any provision or failure to comply with any requirement of this ordinance is an infraction. Section 15. SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other ordinance provisions or clauses or applications thereof which can be implemented without the invalid provisions or clause or application, and of this end the provisions and clauses of the ordinance are declared to be severable. Section 16. This ordinance shall be reviewed by the Board of Supervisors one year from its publication date. ADOPTED: 7-23-85 AMENDED: 618.1 (Elf.: 8-22-85) (Elf.: 2-20-86) Ord. 618-5 3/25/92. LF_ue. GUE OF C:'-L!'.'-C-~:-'Lz'- C_'_TLTS 1-.':C-~ j- P. ET~aT~N 17q 2 ~,~2XS PLLASE PROPOSED S~IOKING 0RDLNANCE CHANGES i PROPOSED CKaYOE~ TO THE DAVIS SMO EING ORDINANCE--Z992 [SHORT VERSION: DON'T SMOKE WHERE NONSMOKERS OUTSIDE YOUR HOUSEEOLD OR PRIVATE OFFICE ARE EV. ROSED TO YOUR SMOKE.] WHER,E~S, numerous studies have forrod that tobacco smoke is a major contribmor to indoor WHEREAS, studies have -~h~wn breathing mcc~a~,~,~d environmental tobacco smoke to be a signffl~nt health hazard for several populations, indua;-2 elderly people, individuals with · th cardiovascular disease, individuals with h~,aired respiratory function, as ~--tic~, and those with obmc~ve airway disea.~; md WKER.EAS, the Surgeon Gene. ral of the United States found in his 1986 Report that se c~ba.,d environmental tobacco smoke is a cause of disease, include-2 1""2 cancer, in hea/thy non,m',okem; and WHEE4S, studies have shown that environmental tobacco smoke ~s a cause of ' cardiovascular disease m healthy nonsmokers: and WKERF_,AS, the Surgeon .G~enl further found that the ~mple separation of smoken and nonsmoke~ within the Sa~2e alr ~pace may l~dllce, but does not eHm~nnte, the exposl.l~e of nonsmolets to envirt~m~ntal tobacco smoke; and WHEREAS, nonmnokem with allergies, respiratory diseases and those who suffer other ill effects of breathl-g secoaah--d smoke my experience a loss ofjob productivity. or may. be forced to take l~fiodic sick leave because of reactions to ~ceot~-d- environmental tobacco smoke; and WHEREAS, studies have shown some nor, emokers ~--nt dine in m~ts or enter Ells because of adverse reaction or annoyance from a~c~m~.d envronmental toircco smoke; and WHEREAS, studies have shown a majority of travelers prefer nonsmoking sections in airplanes, buses, and tmi--~: and WHEREAS, smoking is a temial cause of f=es, and because cigarette and cigar bums and ash stains on merchandise and ~ cause losses to Davis businesses; NOW. THEREFORE, THE Cr/Y COUNcrr OFTHE CFrY OF DAVIS DOES ORDAIN AS FOLLOWS: Chapter 11, Article 3 of the Davis Mtmicipal Code is hereby repealed Chapter 23A of ~e Davis Municipa/Code is hereby added to read as follows: 3/25/92. PROPOSt~D'SMOK~G ORD]2qA2qC~ CHANGES 2 CEA2:tER 23A CONTROl, Sect/on ~-~ A- 1. P~T~ose. The purpose of th/s ch~t~r is ~o protect ~ p~Hc he~ ~d w~ ~y ~a~ ~o~n~ ~ pubic ~a~ ~d ~ac~ of emplo~ent ~d m s~ a ~mble ~c be~ ~ ~~ of ~ who smoke ~d ~e n~ of no~mok~ to b~e ~o~f~ ~ ~d ~ ~ ~ whe~ ~e ~ co~ ~e n~d to ~a~e =ok~-~ ~ s~ ~ve ~od~. (a) 'Bar~ means an area in which ~he serving of food is only incidental to the conm]mption of alcohoEc beverages. The t=tm "bar" sh~l) not include an adjacent r~s~aur-.nt d~ area when meals are being serve& Co) 'Business" m~ any sole p~emr~h/p. partnersh/p. joint venture. corporaton or other budhess entity formed for proF~k-~ purposes, including retail establishments where goods or services ~e sold, ~s well as pwfessivnal cvrpontions and other entries under which professional serfices ~ delivered, (c) Azea" means enclosed area conq a counter or tables upon which me'a/s are served. (d) "Employee' means any person who is employed by any employer for direct or ind/rect toohenry wage~ or pm~t, including those employed frill dine, part ~ne, temporary or contracted for from a third p~rty; employee also meam any person who serv~ as a volun~:er for a busin_,-ss or non-profit enl/ty. (e) 'Employer' mea~s any pe~om basine~, or non-profit entity which employs the services of one or more persons, andincludes the City of Daris. (f) "Enclosed" me.~n~ dOSed in by a roof and .four or more connected, ~oor-to-c~ng walls with appropriate openings for ~ and eg~s. (g) ~'Matl' means any enclosed pubEc walkway or hal/ar~ wb/ch serves to connect retail or professional (h) "Non-Profit Entity" mem~ any corporatioe, --i-corponted association or other entity ~a ed for charitable. pb/la~c. educational. character building,. pol/tical. ~dal or other A~!blic agency is not a ~"Non-Pre~t Entity" wjth;. the m~nlng of this chapter. ~ s~-~4 ~r purposes, the net prvceeds from the operations of which ~r~not for private fmanch/o~. (i) ~'ivate Fun~on' means a ~thering of persons for the purpose of deEberation, education, ins~'uctio~ entenainmenL amusement, or dining where membership or specific invitaxion is a prerec[-~te to entry ~nH wh~re such event is not intended for at~nc~ce by the public. 3/25/92. PROPOSED SMOKE'~G ORDINANCE CHANGES 3 (j) 'Place of l:rnployment' mes~s any enclosed area under the con~'ol of an emplgyer which employees notreally frequent timing the course of employment. Oc) ?ublic Place' me:ms any enclosed area to which the public is invited or in which the public is permiu~l. (1) 'Restaurant' me~-, any ~2tln, esmblL.~hmeut, organ/zalion, club. boardinghouse or guesthouse which gives or offers for lale food to the public. guesm. patrons. or employees as we~'~r': .... as kitchens in whicl~ food is prepami on the !xemises for sen, ing elsewhere. including caering . functions. cxc. ept that the term "restaunnt' Shah not include a bar. .~:.._,......~ (m) 'Retail Tobaa:o Store" means a retail store utilized pr~r~rily for the sale of tobacco prcxiucm and tobacco acce~o~es ~,d in which the sale of other products is merely incidental. (n) 'Setrice l ine' me~-~ ally indoor line at which one or mom pe~ous ar~ waitln. for or receiving service of any. kind, whether or not such service involves the exchange of money. (o) 'Smoking' me~n~ ;-h-~ing. exh,ilng. burning or carrying any lighted cigm-ene. cigar. pipe, we~i, plant or other comb-~ible substance in any ~'~--er or in any (p) 'Sports .~krena" means an enctosed sports pavilion. g-yr.n.~urn. health spa. boxing · arms. swimming pool, roller and ice r~.lt. bowling alley and other ~milar places where members of the general public z~s~mble to either engage in physical exercise, parficiF, ue in athlelic competition or wimess sports events. (q) 'Work Area" or''Work-'phce" means any area of a place of employment enclosed by floor to ce~;ng w~II~ in which two or more employees are assigned to perform work for an employer. Sectlon l~A-6. Other Alllplic~hle t~ws. lllis Fn=IXer shall nut be interpr~ted or construed to perm!t smoking where it is otherwise raslricted by other applicable hWs. Seci'ion I~A-7. Sever-ahflity. If any provision, clause, sentence or pan~zph of this chapter or-"'-..,--. the appLieslion thereof to any pes~cns or ct-'~,,rn,~-.inces shalX be held invalid, suck invalidity shall :~ :' ' not .a~.ect the other provisions of this chapter which can be given effect without the invalid ~ · prov~mon or application, and to this end the pwvisions of this chst3ter are declared to be severable. , Article TT' Gt. nersI Section ?~A-9. Proh~ili;,n of ,~molc~ ;n Pt~res Acce~.~ib|e to the General Publ{c. Smoldn. shall be proh'bited in the following public place: (a) All enclosed areas aw~,hle to and CUStOm~Hly used by the ~'neral public and all ar~as of b-~ness estabIishznenxs generally accessible to the public, inci.dln~, but not limited to, the public area of rer2il stores, banks, and other of~ce~; Co) ]Elevators 3125/92. PROPOSED SMOKING ORDINANCE CI{42qGES 4 (c) Public restroom (d) Service .n~s ,~ (e) Buses and o~fierme~-¢ oflmbl/c u,~/it dL,etfy b,~vidctl by =~ ~7./$fDaviL (f) All r~cepfion and waiting areas (g) I.= pukEe ,,,::~ of =~alleries, h"braxies, and mase,-"-~ w~.~ ~,.. to the public;/n~vided, l~w~v~r, tim ~r6L'Md,.. den -,or ]:.~.v...t tt~ de_iru~iMx ~f a 3.?,.. az n,~.. for 3..eLdz;. (h) Within any. facility which is prir-~-'~y used for, or designed for ~e primary purpose of erdaibit~g any m~ion picture, s~ge drama, lecture, musical ~ or other similar performance, exc~pt when smolc~g i~ part of a stage pi~,,eliom' t~.,.vide& how~va, tl~ p. ehibili~ eloe-~ a~t v.~vcut d,.~i__.~/ug ~ e~,.,~=~.t~u~ ~ cge,~;~;%. =e ..~/,~ :x.~ 25% daay =x-.a o~ ......~y ea/kd a (j) Video arcades (~) C'~d ~y care facili~es'as defm~ ha the California Health a~d Safety Code. (I) Room.s, ch~-~bers, or other enclosed arras when a meeting is be. in~ held which is or can be artended by the general public. (m) Retail food metln~ establishments, hadudi-~,_ ~ ~or~s and ~,'~ (n) Res~g [A~N, CO~ COS~ ~. ~OD~ ~8 ROS~ T F SAgO ~ 'gZ S~L~S OBIS~, Wg ~ '92] (o) Rest=umnt-bar combiaztions [SAN LLrIS OBISPO, ~ rgD.] (p) Bars. [SAN LUIS OBISPO, WI-]ICH-UNLIKE DAVIS-HAS Ft~!r!:;STANDING BARS HAS ALREADY DONE THIS. DAVIS "LACK OF FRF~-STANDI:NG BARS AT THIS TIME MAY MAK:E THIS AN DEAL TIME TO I:rLJT INTHIS BAN. THIS WAY.. ANYONE CONTEME_4.T~G OPENEN'G A BAR IN DAVIS KNOWS-BEFORE MAKING AN INVESTMENT-THAT THIS WII .r , BE ONE OF THE CONDITIONS OF DOING BUSEN3ESS HERE. AND THIS ALSO PROTECTS THE BARS IN BAR-RESTAURANT COMBNATIONS FROM WHAT THEY MAY PERCIEVE AS THE UNFAIR COgON OF BARS WHEqE SMOKING IS A r I .OWED, IF -~MOKING IS NOT A ]' 1 OWED IN RESTAURANT-BAR COMBINATIONS BUT IS A t ~ OWED IN FRF.-STANDE, rG BARS. ] (q) 2'heater-bar combinations (r) Laundromats [SACR&ME'qTO CT~, AND PUBLIC AREA SAN LUIS OBISPO.] 3125/92. PROPOSED SMOKING ORDEN'ANCE CHANGES 5 (s) Beauty shops and barbe~' shops [SAGO CITY. ] (t) Common areas in al~artrnent buildings, cortd~miniurrts, retirement facilgie~, and nursing homes. [ROSzWTT r ~ ] (u) Mails. [CONTRA COSTA COUNTY AND SACRAMENTO crrY.] [L'q ADD1TION TO MAKING THE Mb r T. 1TSFT ,F DIFFICIZ_T TO NEGOTIATE FOR · THOSE WITH IMPAIB~'D LUNG FUNCTION, 1V, axT T-STORES LACK ANY PHYSICAL BARI~m'R THAT STOP SMOKE FROM GOEWG FROM THE MALL INTO THE STORES. ] (v ) Smogrig shah be prohibited in the following outdoor areas, 'and $moldng-- except while passing on the way to another deszinaaon--shall be prohibaed within 20feet of or close enough to the following areas/or $ra.o~ to dmj~ into the area or building, whichever is greater. [QUESTION: THERE ARE POSTING REQ~S FOR INDOOR NONSMOKING AREAS. DOES THERE NFFD TO BE OUTDOOR POST/NG? POST]NO IN SOME OUTI:XDOR AREAS ,MAY BE FEASIBLE. FOR EXAMPLE THE FARMER'S MARKEr ALRF_~DY HAS SIGNS THAT SAY NO DCX}S ARE .~I 1 OWED IN THE MARKET. ON THE OTHER HAND, WE ALP, F_a~Y HAVE LAWS GOVERNING OUTSIDE BEHAVIOR-THE GENERA,L NOISE ORDINANC~ THE CAR STEREO ORDINANCE, AND THE POOPER- SCOOPERORDINANCE-WHICHDONOTREQLrlREPOSTiNG. SO MAYBE OUTDOOR POSTING IN AT .l , PLACES WHERE SMOKING IS NOT AT .T-OWED IS NOT NECESSARY? BUT IT ALSO S~=E"MS THAT DOING rr Is A CO~SY TO SMOK'b'~ .... ] (1) Public events including but not limited to sports events, entertainmen~ speaking perforrrtance~ ceremonies. pageants, and fairs. ['LOS GATOS DID 100% SEA'I'~G HERE AND CONTRA COSTA COUNTY DID 60% SEATING SPORTS AND ~TEEAIlqME~.] (2) Seating provided by eating establishments and bars. [LOS GATOS, OUTEX2XDR RESTAURANT SEATING.] (3) Entrances to enclosed public areas. (4) WEthin the entaTway o/any enclosed pub lic area. (5) Stairways. (6) Wghin courtyards and other areas where air circuix~n may. be ~pedtd by arc,~'tecvarai, kxnd. scaping, or other .barriers. (7) Ateaa not open to the sky. {8) Any place where people are uszng or waiting for a service, entry. or a mansatrtion, inc. tuding but not linated to ATM's, bank teller windows, telephones, ticket lines, bus stops, and cao$tand. s. (9) Any place where food and/or dnnk is offered/or sale. (10) Childa'en~ play areas. 3125/92. PROPOSED SMOKING ORDI2NANCE CHANGES 6 (11) Public gardens. (12). Open windows of atry enclosed public area.. ,e_~azi'vi2i~ of ~,.-Floy,.,.~ t¢ .~ee~ ......~dac St :x~da e( a,~ci~3 zad _-or ...~d,- e,_~lo,e~ to - (3) ad cxeI~ively by (~ T:e :~o~;~Z ~e~ z~ be ~ ......~ed to '~ c~pb~ ~t~;, ~ ~z~ ~fi~ adord ....d Ec~i~ 2.X 29. · 3/25/92. PROPOSED SMOKEN'G ORDEqA. NCE CHANGES' 7 (a) It shall be the responsibility of empbyers 20 provtde a smoke-free wor'.tplace for all employees. (b) Witbdn 90 dzrys of the effective r~te of thL~ article, each enwloyer havtng az enclosed piace o/employment located wizhin tht bity shz:fi'adop4 implernen~ make known and rr~intnin a . wry. ten stoolring policy which shall contain the folle, ving requirements: Srno/cfng shall be prohibited in all encbsed facitirles within a platte of emplqrrtent wft~ut exception. 77~s includes cotranon work aretzs, rmditorrums, c~zzssroorns, conference and meeting rooms, private o2~ces, elevaZrs, haltwqs, medical facilities. car.~terfas, employee lounges, staff-s, restroom s, vehicles, and all other enclosed facilities. (c) T'ne smo.~q'ng poiic7 shad! be communicated to all employees within three (3) wee.Lv of iZ c~iop no n. (d) All empl%'ers s;wd! s'appi:; a wrL.'en copy of the srno.~ng policy upon request to any existing or prospecWie empiayee. [100% WORKi°L-~C~ AL~LRN', ROSEVFF I~i SACRA4~_EVTO CTI~ COSTA COL~'FY 100% OR S~.~RATELY VEh'IILATED.) ] Senna '~t A-1 '3. Nonr~t~llntqon No Fezson or ez~ployer shall discharge, refuse to kixe, or Ln may, rn~ner re'~Liate a~h-,et any employee or applicant for ea~21oyment because such emVloyee or ap1:H, ica~t exercises any rights t~ a 'smo/ce.free worX?kz~e afforded by this chapter. Sec~cn '~q ~.-)9 Re-trio'finn of .~rno~ng in T--Totels and Mntel~..T-.t~...Seventy-~ve percent of the rooms it uy hotel or motel sh~tl be maintained as fLxed aommolS-~* room. Sectinn 2'3A.-21. Pt~s'tlno of Sio,n,~.- Crener~l. "Smoking" or "'No Smoking" signs whichever are a[rpropriate, with letters/~f not ~ess rh~n ODe inch (1") in heig.~ or the interlaadoclal t"No . Smok-in.o" symbol (consis152g of a pic'a2~al repnsentariou of a burning cigannt enclosed it a red circle with a r~ bar across k) sh~n be dearly, s't~ficiendy ad conspicuously posted it every. buSHlag or other place w~re smoking is regxzlated by titis chapter by the owner, operator, ma=a_oer or other ~rson hav-i.ng eeatrol ot such butldin_o or o~er place. EN"b"'~ TO MODIFY T'z'~S~TO REFLECT ADDIT/ON OF OUTDOOR 3125/92. PROPOSPT~ SMOKI2qG ORDINANCE CP~WGES 8 Section 2~A-26 Po~n~of Siena: Adciirqc~,t Re~u~re~ent~ for F-intels and ."vfoteN. Every hotel and motel ~h.~ll have si~:l~ lx~ed conspicuously fn the mgistra~icm and lobby areas which state that nonsmoking rDt:m~s'ar~ rr~irrt~ired :mi:i my be awlbh|e rooms desi~enmed as being zonsmold~-~ sha~l have si~s designatmg suck reszx'ictiou conspicuously placed within the roeran. 5: :__'_ _.-e, '% fsEon4_-; ..,c:~ :;' ~T! :~t ~e :::h.Net :s '_5¢ :,,.oa. tir= ,u.~c:ie..z ~f !hZz [CAN'T ViE JUST P,k'MADq SIT ,'~'T ON WHE°,E YOU C.~',r SMOKE? ISN'T NOT S.,-x. YEN'CJ YOU CAN,'NOT ~NrOUQH? A I 1'. SOgI'S OF'TKBqGS THAT WE D~"NDLm:~.STAND .A.P-Z LEGAL TO DO NOT HAVE SECTIONS OF CODE THA.T SAY T'/-',ZE'Y .ARE NOT PROHEBIT:~.] (c) F~z'-:Z :cL-"=cc-~ ::.,,,c,. ['I'H~S IS ALSO A WORK:PLA. CE. And does Davis have any retail tobacco stores, a~ clefreed in lzhis ordinance, lzlyl:nor¢? Even Newsbeat, with its army of tobacco prodacre, is categorized on its btt~ess License as "Rotaft--newspapers mad magazines," which is a pretty accurate reflection of the store. !lso, Newsbeat is already'. posted witlx a "Ple"~se Smoke Outside" sign.] ~c....~ w'-"'c '.k~.:c p~cc~ ~ b.e:~:. :.~d f..., ~,iv:tc [NOTE CENTRAL HEAT .~N'D AiR RA_PI:DLY SPi:LF_~S SMOKE FROM ANY ON'E ROOM ON A SY STEM TO OTHER ROOtv~S ON THE 5YSTZ'M. ALSO, EV'SN A PRIVATE BANQUET IS A WORKFa_ACE FOR THOSE WHO SERVE FOOD OR DR. INK AT IT. ] · i:: ~/k.Z.'. .:: ......c?...: ~,vr.~ :.i (2) -../ ;.G.-; ~,~r?.F'--- :.~: ..-~r.2,..~.~; .....~,' $e .....t~ ....... ~Z:.':, .~': ' - ' ~ ' - "' - - · t ....~ -x - - :"- - :r '- .t::::: ::..:' ~.f.:-: ~. ::.~ ":-, -' '- -:; ' d:ZL :C.' f. z:..:.~ :j.'~,i:j,x:.~.,: L'Z:zz.U.~f:.~j:.. L::~::i-":. '~'-:" ' ~" ;' "' ""'[POSSI]BLE ............ t,.:. '- .....: PROBI .x:%LS 1FTHE PRIVA_q'E OFFICE WORKi:LACE HAS SHARD V'E~'TU_-%.TION SY STEV~ OR ENTRYWAY OR CO P, REX)R.I SeeSon 'q A-ll t:nforc~%p2. 'g',forc'. 'neat of thi~ ckapter shall be implemented by the Ci.ty NL%mger c: h:.~: ~.er desi_mee. 3/25/92. PROPOSED SMOKING ORD12'4ANCE CHANGES 9 Section 23A-3,t [n~ect~'on. The Fire Department or the Health Del~artrnent shall require, while at establishment is ~ndtrgoing bthe~wise mtznd~ted inrpectioris, a "self-cert~cation" from the cr, vner. manager. operator or other person having control of such establishment tfu= all requirements of this article have been complied with. aes. en =~:./~.x :..~ c**,,z~L~,..~m. [12F A T T, WORKPLACES, 12qCLUDING R.ESTAURA.NTS ARE REQU~ED TO BE 100% SMOKE-F~e*E THEN IS ~ ANY REASON TO HAVE D~**T RULES FOR RESTAURANTS Aa.NYMORET} Section '~A-37. Amhority m Tnforrm Any owner, man=~er, or au~orizcd agent of any establishment r%~.fiated by this ch,Tter may inform persons viols~-~o rh;~ chapter of tl~ appropriate 7revisions ther~f. Section 2"4A-39. I imited Rk~on~'bHily of R,~qne~es. The owner, operator, or manager of '. · a lxL-'iness shall not be responsible for violations of fixis chapter w~tsl, their premises by patrons or citizens, ix-ovided that such 'palm or cilizens have been adequately informed that their actions may be in violation of the law; this H~tafion slnall not apply to employees of such businesses. O im%,,~cd ~"~s .cqu2~..cat. [WHE~RI~STAURAN~ GO 100% SM KE-FRFE, Wrt,T.THIS SEt~liON BE.N'~'r~ED A.NYMORET] ~ecfion l~A.-d:% l=.foreem~t RiSh'm of C~ffTe,~ Notwithstanding any provision of tsl, chapter. a pzivaze citizen my bring legal action to enfore~ thi~ cimpt~r. Section 2~A..4LS. Respnnm'ble P'rly. It shall be unlawful for any person who owns. operates. manages, or oth~tv,,ise c~ntrols the use of any pr~miS~s subject to tim reslricfions of this chapter to fail to comply with its provisions. See:ion 'qA -ag. Pe,~ttie~. Any person who violates any provision of tl~ chapter shall be subject to a zir-tion 3/25/92. PROPOSED SMOKING ORD~'qA.NCE CHANGES 10 (a) upon fie first violazWn shall be guilty of an infraction and, u?on convZtWn, shall be subject to a fine not to exceed one hundred dollars; ~,) ~,rx~ ',he ~eo~ vi~',~,li~5-~;at',~ a~e y~t ~he.IZ e~.vL~cr. sktil lse ~ubje¢{ ~ ~ fu~ not to cxotcd Fifty (b) uvon ~e second y~olation wtt~in one year shall be guilty of an infrtwt~n and, upon conv~c.~oh, shag be subject to a ~ne not to exceed ~o hu .Mred dol~rs; (c) Kpon the tkO'd and rtd~tional violations within one year sht=ll be guH.ty of an infraz:.ff~an upon con'eic~on, shah be ;abject to a fine not to exceed five hundred dollars per conviction. Section ?~A-~5. Power to AHnpt Mnre Restrictive 5mo~ng Policie.~. Notwitl:uetanding any other Frovisions of thi~ chapter, ally OWner, operator. man~er, employer. or other person who couizols any establishztmat or ptaee of employment regulal~c[ by thiq chapter, may adopt policies rel~tS~ to smoking which axe more reslriclive than those provided her~.m [QDtSSTION: DOES SUCH AN EXPANSION OF NONSMOKING AREAS HAVE THE SAME ENFOR~ PROVISIONS AVArr ABE TO IT AS THE ONES CREATED BY THIS ORDI2'qANCE? AND tF IT ]2~ESN'T, CAN LANGUAGE BE ADDED THAT DOES GIVE EQUAL ENFORC54ENT PROVISIONS TO AREAS VOLUNTARU, Y MADE NONSMOKZNG? For exam~e, I heard that, in late 1991 or early 1992, Jack in the Box went 100% non-smoking, even thousJx the city ord/.Unce requir~ only 50% there. Not long after this, a female lnwon lit up a cig-a'~u~imicle the premises and ~fused to put it out even after an employee told her the res~-~'ant was 100% non-smoki-g and ask~ her to put it out If the city or~nanc~ had rt. qui. red 100% nonosmok:ing, then it would be pr~ny clear that the woman was violating the smokin~ or~b,~nce. But was she viohting the or/~n~me by smokin~ in an area that the manager or owner had opted to rn~l~ 100% non-smoki-?fl Was she citable under these circ~-net~nces, or wer~ the ,.~.~?er and pattom pretty much on their own? PAKrIAL ANSWER: Af-k4asking pauon to stop smoking uaader e.xis~,~ cndinance and being rffused. owner or m~=er probably would be able to ask patwa to leave premises and get police help in ~,aki.g the person leave. Pan-on is probably not citable under smoking but pan'on is removable STff; CAN EQUAL ENT-ORCEMEN'T FROVISIONS BE ADDED~ · 3/25/92. PROPOSED SMOK~G ORDD, IANCE CH.-LN'GES 11 , Sect;on t~-5'7. Gore,, ,,nenent ~l genqv Coolperafinn. ilie City )vf=n~aer sh~tl encom-e ot~er _~overameatal agencies t~aving facilities within tile Ci,ty tO c~mply volugtarity wi~ thi~ article. [DOGS THZS ALRE-e~DY ADDRESS TEE UNIVERSiTY? NOT ZNCORPORATED.] S eeaon 3. ~ orelln~rnce sh,all rake effect a=d be ha force on Cxe:c ~ ~. :,: 2 r. MONTF., D,~Z Y. EA2~. D, ..iLCL2Uu;_-; C.'-:.',l. zy :?, :."g.. --d._'P. LEE__"2" .'_'~ .'--.~C--m'2-- L2.":';:.c 2' ,'_-2S"7 ~.y ~c EgZa~'Lg VOte: ,~2 i'_.ET: Ci~ 57 r. izr.'CZ~ D.%V'~ RCSD,"22"[C ORDINANCE 1880 AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 17-6 OF THE TOWN CODE REGARDING THE Pa~GULATION OF SMOKING IN PUBLIC PLACES THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN: SECTION I Sections 17-6, 17-6.5 and 17-7 of the Town Code are hereby repealed in their entirety. SECTION II Section 17-6 of the Town Code is added to read as follows: Section 17.6 Regulation of Smoking in Public Places and Places of Employment. A. Findings and Purpose Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke is a cause of disease, including lung cancer, in nonsmokers. At special risk are minors, elderly people, pregnant women, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Health Hazards induced by breathing second-hand smoke and being in smoking environments include lung cancer, heart disease, respiratory infection, decreased respiratory function, birth defects, bronchoconstriction, and bronchi-spasm. Accordingly, the Town Council finds and declares that the purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; and (2) to guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke. B. Definitions For the purposes of this Section, the following definitions shall apply: 1. Bar A place not accessory to an eating establishment which serves alcoholic beverages for consumption on-site to the general public in which the serving of food is incidental to the consumption of such beverages. 2. Eating Establishment '..=..'i].ii ] ] = "' .... : i'~'~-~' ". I' _"' ~'j'.' Any restaurant, coffee shop, cafeteria, soda fountain, care or other establishment primarily engaged in serving food and/or beverages to the general public. 3. Eaning Es=ablishmen~ Bar A place located in the same building as and accessory co an es=ablishmen= which serves alcoholic beverages for consump=ion on-siZe =he general public in which :he serving of food is incidental to the consumpzion of such beverages: (a) which is ven=ilazed by a separa=e syszem winh direct exzernal exhaus=; and (b) is negatively pressured; and (c) ei~her~ (i) is physically separazed from =he ea=ing area by a barrier of solid conszruc=ion in which any opening is equipped wi~h self closing doors which prevent the passage of smoke when closed; or (ii) in the opinion of the Direc=or of Building Services, has incorporated sufficien= al=erna=ive precauzions ~o preven= smoke from en=ering other areas. 4. Employee Any person who is employed by an employer in consideration for direct or indirect monetary wages or profit. 5. Employer Any person or corporation including public agencies who employs services of an individual person for compensa=ion for services =o be rendered. 6. Enclosed Public Place A public space enclosed on all sides by walls, par=i=ions, windows. or similar barriers (exclusive of ingress/egress) open to the general public, including but not limited to rezail buildings. res~auranEs. =heattee, museums, art galleries and similar struc=ures. 7. No Smoking Sign A sign in le==ers no= less than one inch in height prin=ed on a conzras=ing background which states =ha= smoking is no= allowed or a sign which displays the interna=ional no-smoking symbol consis:ing of a 2 pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it. 8. Medical Care Facility Any health facility as defined in Section 1200 or 1250 of =he Public Health and Safety Code~ or any facility in which a physician provides health care =o patients. 9. Public Building Any building or portion thereof owned or leased by the Town or any local government entity subject to Town zoning requirements. 10. Retail Tobacco Store A retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of othe~ products is only incidental. 11. Smoking The act of inhaling/exhaling~ burning or carrying any lighted tobacco product or by-product including cigarettes~ cigars, pipes that burn tobacco or other plant material. 12. Workplace Any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including but not limited to work areas~ employee lounges and restrooms, conference and class rooms~ employee cafeterias and hallways. Prohibition of Smoking tn Public Places 1. Smoking shall be prohibited in all enclosed public places open to the general public within the Town of Los Gatos including but not limited to ~he following places: a. Elevators b. Public Buildings c. Medical Health Facilities d. Eating establishments: (i) after January 1, 1992 in all but 25l of the seating (ii) after January 1, 1993 in all seating e. Retail stores (except retail tobacco stores) f. Theaters, Auditoriums, Museums and Art Galleries g. Motels and motels 3 2. Smokin~ shall be prohibited in the fotlowin~ outdoor areas: a. Seating being used in connection with public events including entertainment, speaking performances, ceremonies and pageants. b. Seating provided by eating establishments D. Regulation of Smoking in =he Private Workplace 1. Within 90 days of the effective date of this ordinance, each employer shall adopt, implement, and maintain a written smoking policy relating to smoking in the work place which shall contain at a minimum the following: a. Prohibition of smoking in conference and meeting rooms, classrooms, auditoriums, restrooms, hallways, and elevators. b. Provisions and maintenance of a contiguous no-smoking area of not less than two-thirds of the seatin~ capacity and floor space in each cafeteria or lunchroom. Smoking areas shall be physically separated and separately ventilated. c. Provisions and maintenance of a contiguous no-smoking area of not less than two-thirds of the seating capacity and floor space in each employee lounge or, at the discretion of the employer, where there is more than one such lounge in any one building, not less than one-half the number of such lounges and not less than one-half the square footage of such lounges. Smoking areas shall be physically separated and ventilated. d. Any employee in the private work place shall be given the right to designate his or her immediate area as a non-smoking area and to post it with appropriate signs or sign. The policy adopted by the employer shall include a definition of the term immediate work area which gives preferential consideration to nonsmokers. e. In any dispute arising under the smoking policy, the rights of the nonsmoker shall be given precedence. E. Exceptions Nothing in this Ordinance shall be construed to restrict smoking in the following areas, except as described below: Retail Tobacco Stores Private Residences (except when used for family day care) Closed banquet, conference or meetin~ rooms of hotels, motels and lodges except that a no smoking area must be provided for non- smokers 4. Any property owned or leased by other governmental agencies which is not subject to the Town's zoning authority 5. Bars 6. Eating Establishment Bars 7. Private hotel and motel rooms (i) after January 1, 1992, a maximum of 50~ may be dedicated as smoking rooms; (ii) after January 1, 1993, a maximum of 33 1/3~ may be dedicated as smoking rooms. Posting Signs No Smoking signs shall be clearly and conspicuously posted in every building or other place where smoking is regulated by this Section, by owner, operator, manager or ocher person having control of such building or other place. Smoking -- Penalties 1. Any person who violates this Section by failing to post signs or failing to establish policies and procedures, is guilty of an infraction and subject to a civil penalty of $100 and the cost of enforcing this chapter which shall include all costs, staff and attorney time. Such persons shall be deemed to have committed a separate offense for each and every day during any portion of which any violation of this Ordinance is committed or permitted. 2. Any person who smokes where smoking is prohibited when signs are posted in the required manner is guilty of an infraction. SECTION III This Ordinance takes effect January 1, 1992. Within 15 days after this Ordinance is adopted the Town clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the Town. 5 This Ordinance was inzroduced at a regular meeting of the Town Council of the Town o[ Los Ga=os on November 4, 1991 and adop=ed by the following vote as an ordinance of the Town of Los Ganos at a meezing of =he Town Council of Ehe Town of Los Gatos on November 18. 1991. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: Randy At=away, Joanne Benjamin, Steven Blanton, Bren= N. Ventura. Mayor Eric D. Carlson None None None SIGNED: /s/Eric D. Carlson MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ITEM NO. 4 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: FROM: DATE: SUBJECT: PARKS AND RECREATION COMMISSION HERMAN D. PARKER ~,,<:~ AUGUST 10, 1992 POOL LEASE WITH TEMECULA VALLEY UNIFIED SCHOOL DISTRICT RECOMMENDATION: That the Parks and Recreation Commission: Approve agreement with the Temecula Valley Unified School District to lease the pool and bath house facility at Temecula Elementary School through September 30, 1994. DISCUSSION: The City is currently providing its summer aquatics program at the Temecula Elementary School Swimming Pool Facility. The school district has determined that the City can lease this facility if the City provides annual operation, maintenance, and repair costs associated with this facility. The usage of this pool facility is integral with the summer recreation program established by the Community Services Department. It is therefore recommended that the attached lease agreement be approved through September 30, 1994. A two (2) year renewal option has also been included in the lease agreement. The attached lease agreement was approved by the Temecula Valley Unified School District's Governing Board on July 14, 1992. FISCAL IMPACT: Costs associated with the maintenance, chemicals, and utilities of the pool facility is estimated at $14,000.00. These monies have been included in the FY 1992-93 TCSD Budget - account #190-180-999-5212. POOL l,l~,ASg, AGpF-k':MF_,NT BETW~,F-N 'rP_MECULA VALLEY UNIFn=-D SCHOOL DISTRICT AND CITY OF TEIVIECULA THIS LEASE is made this __ day of , 1992, by and between TEMECULA VALLEY UNnq bzD SCHOOL DISTRICT (heroin called "Lessor") and the City of Temecula (herein called "Lessee"), pursuant to California Education Code Sections 39500 et seq. THE PARTIES HERETO DO HEI~I~Y MUTUAI,I.Y COVENANT AND AGREE AS FOLLOWS: 1. PREMISES 1.1 Premises. Lessor hereby leases to Lessee and L~ssee leases from Lessor for the term, at the rental, and upon all of the conditions set forth herein, that portion of the property located at 41951 Moraga Road, Temecula, California (known as the Temecula Elementary School Pool), as described in Exhibit "A" attached hereto and incorporated herein by reference ("leasehold improvements"). Said leasehold improvements shall include the pool, bath house and locker room and shall be referred to collectively as "the Pool." 2. TERM 2.1 Term. The term oftMs lease shall commence on July 14, 1992 (hereinafter "Commencement Date"), and end on September 30, 1994, with a two (2) year renewal option, unless sooner terminated pursuant to any provision hereof. 3. RENT 3.1 Rent. In lieu of rent, and as good and valuable consideration for the promises, covenants and conditions specif'~ed herein, Lessee shall be responsible for community use and the upkeep and maintenance of the pool. Any further reference to rent in this Agreement shall mean any such consideration to be furnished pursuant to this Section. 4. USE 4.1 Use. The premises shall at all times be used, at least in pan, for public swimming and recreation purposes together with any other lawful purposes. 4OlcontractlSwimpooLcon I 063092 4.2 Condition of Premises. Lessee accepts the Pool "as is" in the condition existing as of the Lease commencement date or the date that Lessee takes possession of the Premises and acknowledges that neither Lessor nor Lessor' s agent has made any warranties in regard to workmanship or material of the Pc 4.3 Compliance with Law. Lessee shall, at Lessee's expense, promptly comply with all applicable statutes, ordinances, rules, regulations, orders, covenants and restrictions of record and in effect during the term or any part of the term hereof, regulating the use of the Pool in any manner that will tend to create waste or a nuisance. 5. MAIN 'rP_,NANCE. REPAIRS AND ALT/~ATION 5.1 Lessee' s Obligations. Lessee' s obligation hemunder shall include all normal day to day maintenance activities for the Pool and normal janitorial services for the Pool which comprise a portion thereof, including cleaning, repair, and all usual and normal supplies. Lessor shall be responsible for maintaining the parking lot shown on Exhibit "A" . 5.2 Surrender. On the hst day of the term hereof, or on any sooner termination, Lessee shall surrender the Pool to Lessor in the same condition as when received, ordinary wear and tear excepted, and free of debris. Lessee shall repair any damage to the Pool occasioned by the installation or removal of Lessee's trade ftxtures, furnishings and equipment. 5.3 Rights on Nonperformance. If Lessee fails to perform Lessee's obligation under this Paragraph 5, or under any other paragraph of this Lease, Lessor may at its option (but shall not be required to) enter upon the Premises after ten (10) days prior written notice to Lessee (except in the case of any emergency, in which case no notice shall be required), perform such obligations on Lessee's behalf and put the same in good order, condition and repair, and the cost thereof together with interest thereon at the maximum rate then allowable by law shall become due and payable. 5.4 Repairs. Alterations and Additions. (a) Lessor shall not be required to make any improvements or alterations to the Pool or contribute to the expense of same. (b) Lessee shall not, without Lessor's prior written consent make any repairs. permanent alterations, improvements, or additions on or about the Pool, except for repairs, alterations totaling less than ONE THOUSAND DOI J .ARS ($1,000.00) in costs during the term of this lease provided that Lessor shall grant all reasonable requests for same. As a condition to granting it reasonable requests for same. As a condition to granting it consent, Lessor may require that Lessee remove any or all of said alterations, improvements, or additions at the expiration of the term, and restore the Pool to its prior condition. Should Lessee make any permanent alterations, improvements, or additions without the prior approval of Lessor, Lessor may require that Lessee remove any or all of the same. (c) Any repairs, alterations, improvements or additions on or about the Pool that Lessee shall desire to make and which require the consent of the Lessor shall be presented to Lessor in written form, with proposed detailed plans. If Lessor shall give its consent, the consent shall be deemed conditioned upon Lessee acquiring any necessary permit to do so from appropriate governmental agencies, the furnishing of a copy thereof to Lessor prior to the commencement of the work and the compliance by Lessee of all .conditions of said permit in a prompt and expeditious manner. (d) Lessee shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Lessee at or for use in the Premises. (e) All repairs, alterations, improvements, and additions which may be made on the Premises shall become the property of Lessor and remain upon and be surrendered with the Premises at the expiration of the term. (f) The term "Lessee" as used in this Paragraph shall include any sublessee of Lessee approved pursuant to Paragraph 9.1 hereof. 6. INSURANCE. INDEMNIFY 6.1 Indemnity_. Lessee shall indemnify, defend and hold harmless Lessor from and against any and all claims arising from Lessee' s use of the Pool, or from any activity, work or things done, permitted or suffered by Lessee in or about the Pool or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee' s part to be performed under the terms of this Lease, or arising from any negligence of the Lessee. or any of Lessee's agents, contractors, or employees, and from and against all costs, attorneys' fees, exper and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor by reason of any such claim, upon notice from Lessor, Lessee shall defend the same at Lessee's expense. 6.2 Indemnity. Lessor shall indemnify, defend and hold harmless Lessee from and against any and all claims arising from any breach or default in the performance of any obligation on Lessor' s pan to be performed under the terms of this Lease, or arising from any negligence of the Lessor, or any of Lessor' s agents, contractors, or employees, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessee by reason of any such claim, upon notice from Lessee, Lessor shall defend the same at Lessor's expense. 6.3 Insurance. Lessee shall carry and maintain, during the entire term hereof, at Lesse sole cost and expense, comprehensive general liability insurance with an insurance company in good standing in the State of California, with limits of liability for personal injury of at least Five Hundred Thousand Dollars ($500,000) per person and One Million DOllarS ($1,000,000) per occurrence, and limit of liability for property damage of at least One Hundred Thousand Dollars ($100,000), naming Lessor as an additional insured with respect to the Pool. Lessee shall furnish Lessor with a certificate from such insurer evidencing such insurance. Lessees also agrees to provide, or cause its insurer to provide, Lessor with a notice of insurance e cancellation at least thirty (30 days prior to the cancellation of such insurance. Lessee, at its option, any elect to combine the insurance required under this Agreement with any other coverage maintained by Lessee, or Lessee may elect to self insure in whole or in pan for the insurance required under this Agreement. 7. DAMAGE OR DESTRUCTION: OBLIGATION TO ]~llgUll.r~ 7.1 Damage or Destruction: Obligation to Rebu~d. In the event the improvements on the P- 4DIcontractISwimpool. con 4 063092 require major repairs due to fire, earthquake or other casualty, Lessor shall have the right, but not the obligation, to rebuild the Pool to its condition existing prior to such damage or destruction. There shall be an abatement of rent during said reconstruction period. If Lessor elects not to rebuild the improvements, this Lease shall then and there cease. 8. UTILITIES AND TAXES 8.1 Utilities and Taxes. Lessee shall pay for all water, heat, light, telephone services, power, and other utilities supplied to the Pool, together with any taxes thereon for the term of this agreement, and natural gas in excess of $250 per month during the period of June 15 through August 31 of each year. 9. ASSIGNMENT AND SUBLETtING 9.1 Assignment of Interest. Except as provided in 9.2, Lessee sludl not voluntarily or by operation of law assign, transfer, mortgage, sublet or otherwise transfer or encumber all or any pan of Lessee' s interest in this Lease or in the Pool without the written consent of Lessor. Any attempted assignment, transfer, mortgage, encumbrance or sublet without the written consent of Lessor shall be void, and shall constitute a breach of this I.~ase. 9.2 Subletting,. Notwithstanding 9.1, Lessee may sublet the Pool for an amount not to exceed the facility' s operational costs without obtaining Lessor' s prior written consent. 10. DF.~AULTS; REM~J'~IES 10.1 Defaults by Lessee. The occurrence of any one or more of the following events shall constitute a material default and breach of this Lease by Lessee: (a) The vacating or abandonment of the Pool by Lessee. (b) The failure by Lessee to perform any obligation pursuant to Paragraph 3 above or make any other payment required to be made by Lessee hereunder, as and when due, where such failure shall continue for a period of three days after written notice thereof from Lessor to Lessee. In the event that Lessor serves Lessee with a Notice to Pay Rent or Quit pursuant to applicable unlawful detainer statutes such Notice to Pay Rent or Quit shall also constitute the notice required by this subparagraph. (c) The failure by Lessee to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Lessee, other than described in Paragraph (b) above. where such failure shall continue for a period of thirty (30) days after written notice thereof from Lessor Lessee; provided, however, that if the nature of Lessee's default is such that more than thirty (30) days are reasonably required for its cure, than Lessee shall not be deemed to be in default if Lessee commenced such cure within said 30-day period and thereafter diligen~y prosecutes such cure to completion. 10.2 Lessor' s Remedies. In the event of any such material default or breach by Lessee, Lessor may, at any time thereafter, with or without notice or demand and without limiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such default or breach: (a) Terminate Lessee's right to possession of the Pool by any lawful means, in which case this Lease shall terminate and Lessee shall immediately surrender possession of the Pool to Lessor. In such event, Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee' default including, but not limited to, the cost of recovering possession of the Pool; expenses of reletting, including reasonable attoraey's fees, and any real estate commission actually paid. (b) Maintain Lessee' s fight to possession in which case this Lease shall continue in effect whether or not Lessee shall have abandoned the Pool. In such event, Lessor shall be entitled to enforce all the Lessor's rights and remedies under this Lease. (c) Pursue any other remedy now or hereafter available to Lessor under the laws or judicial decisions of the State wherein the Pool is located. Unpaid monetary obligations of Lessee under the terms of this Lease shall bear interest from the date due at the maximum rate than allowable by law. 10.3 Default by Lessor. Lessor shall not be in default unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor specifying wherein Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor's commences performance with such 30-day period and thereafter diligen~y prosecutes the same to completion. 10.4. Lessee's Remedies. In the event of any such material default or breach by Lessor, Lessee may at any time thereafter, with or without further notice or demand, and without limiting Lessee in the exercise of any right or remedy which Lessee may have by reason of such default or breach, pursue any other remedy now or hereafter available to Lessee under the laws or judicial decisions of the State wherein the Pool is located. Any unpaid monetary obligations of Lessor under the terms of this Lease shall bear interest from the date due at the maximum rate allowable by law. 11. VOLUNTARY TERMINATION 11.1 Voluntary Termination. In addition to any right of termination as may exist pursuant to any other provision of this Lease, either Lessor or Lessee shall have the right to terminate this Lease at any time during the original term, or any extension thereof, upon the giving of not less than a ninety-day (90) advance written notice of such termination to the other party to this agreement. Said termination shall be deemed effective at midnight on the date specified in said notice. Said termination date shall be used as the beginning data of any following subsequent lease if executed within three (3) years. Nothing contained in this Paragraph shall be deemed to affect the rights of the parties as set forth in Paragraph 5.4 (f) or Paragraph 7 of this Lease. 12. Severability 12.1 Severability. The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. 13. TIME OF F..SSF_,NCE 13.1 Time of Essence. Time is of the essence. 14. INCORPORATION OF PRIOR AGI~-~oVlENTS: AMENDMENTS 14.1 Incorporation of Prior Agreements: Amendments. This Lease contains all agreements of the parties with respect to any mater mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Lease may be modified in writing only, signed by the parties in interest at the time of modification. Except as otherwise stated in this Lease, Lessee hereby acknowledges that neither the Lessor nor any of its employees or agents has made any oral or written warranties or representations to Lessee relative to the condition or use by Lessee of said Pool and Lessee acknowledges that Lessee assumes all responsibility regarding the Occupational Safety Health Act, the legal use and adaptability of the Pool: the compliance thereof with all applicable laws and regulations in effect during the term of this Lease except as otherwise specifically stated in this Lease. 15. NOTICES 15.1 Notices. Any notice required or permitted to be given hemunder shall be in writing and may be given by personal delivery or by certified mail and, if given personally or by mail, shall be deemed sufficien~y given if addressed to Lessee or to Lessor at the address noted below: TO I.F-SSOR: 'rP_.MB~ULA VAI .T .l~.y UNII~'~I~ SCHOOL DISTRICT 31350 Rancho Vista Road Temecula, CA 92592 Attn: Superintendent of Schools TO LESSEE: CITY OF 'rP_NIECULA 43174 Business Park Drive Temecula, CA 92590 AIm: City Manager Either party may, be notice to the other, specify a different address for notice purposes. A copy of all notices required or permitted to be given to Lessor hereunder shall be concurrently transmitted to such party or panics at such addresses as Lessor may, from time to time, hereafter designate by notice to Lessee. 16. WAIVERS 16.1 WaiverS. No waiver by Lessor of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by Lessee of the same or any other provision. Lessor's consent to, or approval of, any act shall not be deemed to render unnecessary the obtaining of Lessor' s consent to or approval of any subsequent act by Lessee. The acceptance of Lessee' s in-lieu rent obligations hereunder by Lessor shall not be a waiver of any preceding breach by Lessee of any provision hereof, regardless of Lessor' s knowledge of such preceding breach at the time of acceptance of such in-lieu rent obligations. 17. HOLDING OVER 4DIcontractlSwimpool. con 8 063092 17. l Holding Over. If Lessee, with Lessor's consent, remains in possession of the Pool or any part thereof after the expiration of the term, hereof, such occupancy shall be a tenancy from month to month upon all the provisions of tins Lease pertaining to the obligations of Lessee, but all options and rights of first refusal, if any, granted under the terms of tins Lease shall be deemed terminated and be of no further effect during said month to month tenancy. 18. CUMULATIVE REMI~I~IF_.,S 18.1 Cumulative l~-emedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 19. COVENANTS AND CONDITIONS 19.1 Covenant and Conditions. Each provision of tins 12ase performable by Lessee shall be deemed both a covenant and a condition. 20. BINDING EFFECT: CHOICE OF LAW 20.1 Binding Effect: Choice of Law. Subject to any provision hereof restricting assignment or subletting by Lessee and subject to the provisions of Paragraph 12, this Lease shall bind the parties, their personal representatives, successors and assigns. This Lease shall be governed by the laws of the State wherein the Pool is located. 21. LESSOR'S ACCESS 21.1 Lessor's Access. Lessor and Lessor's agents shall have the fight to enter the Pool at reasonable times for the purpose of inspecting the same, showing the same to prospective purchasers, lenders, or lessees, and making such alternations, repairs, improvements or additions to the Pool not inconsistent with Lessee's quiet possession and use thereof, as Lessor may deem necessary to desirable. 22. OUIET POSSESSION 22.1 Ouiet Possession. Upon Lessee's paying the rent for the Pool and observing and performing all of the covenants, conditions and provisions on Lessee's part to be observed and performed hereunder, Lessee shall have quiet possession of the Pool for the entire term hereof subject to all of the provisions of this Lease. The individuals executing this Lease on behalf of Lessor represent and warrant to Lessee that they are fully authorized and legally capable of executing this Lease on behalf of Lessor and that such execution is binding upon all parties holding an ownership interest in the Pool. IN WITNESS Wt-n~REOF, the parties hemto have executed this Lease the day and year first above written. ATTEST: By: June S. Greek, City Clerk APPROVED AS TO FORM: Scott F. Field, City Attorney TEMECULA VALLEY UNIFIED SCHOOL DISTRICT By: Name: Title: CITY OF TEMECULA By: Patricia H. Birdsall, Mayor 4DtcontracrlSwimpool. con ] 0 063092 ITEM NO. 5 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: FROM: DATE: SUBJECT: PARKS AND RECREATION COMMISSION SHAWN D. NELSON ~IF/ AUGUST 10, 1992 CAPITAL IMPROVEMENT PROGRAM - FY 1992-93 RECOMMENDATION: That the Parks and Recreation Commission: Consider and recommend to the Board of Directors to approve an updated Capital Improvement Program for FY 1992-93. DISCUSSION: The Board of Directors adopted a five (5) year Capital Improvement Program last year that identified potential capital projects that included land acquisition, park development, and recreation facility improvements. In the last eighteen (18) months, the City has completed Phase I and II of the Sports Park Lighting Project; the Sports Park Restroom/Snack Bar Project; Veterans Park; Sam Hicks Monument Park Curb and Gutter Project; the Teen Recreation Center; acquisition of the Senior Center Property (0.75 acre); acquisition of the L-shaped property (1.5 acres); Acquisition of the Rawhide property (28.6); and the acquisition of the Dendee property (40 acres). Also, the City is in the process of acquiring the McDowell property (20 acres next to Temecula Elementary School). Projects that have already been approved by the Board of Directors and are underway include the Community Recreation Center Project, the Senior Center Project, and the Initial Bikeway Project. Staff has prepared a list recommending the priority of development for the Commission to consider and make recommendations. The intent of the Commission's input is not to consider funding sources for these projects, but to provide recommendations concerning the priority of development that should occur in this City during the next twelve (12) months. The following recommendations for capital improvement projects for this fiscal year is listed in order of priority and is as follows: 1. Community Recreation Center Project $5,120,000 2. Senior Center 500,000 3. Acquisition of McDowell Property 1,650,000 4. Pala Park (Design only) 200,000 5. Acquisition of property above Sports Park 2,000,000 6. Phase I - Silverwood Park (grass only) 150,000 7, Phase I - Riverton Park (grass only) 150,000 8. Sam Hicks Monument Park 250,000 Sufficient funds exist to complete the above projects. The Commission is encouraged to make comments and recommendations concerning this proposed priority list. ITEM NO. 6 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: FROM: DATE: SUBJECT: PARKS AND RECREATION COMMISSION SHAWN D. NELSON AUGUST 10, 1992 PARKS AND RECREATION COMMISSION WORKSHOP RECOMMENDATION: That the Parks and Recreation Commission: Approve the scheduling of a joint workshop with the Temecula and Murrieta Parks and Recreation Commission to be facilitated by representatives from the California Association of Park and Recreation Commissioners and Board Members (CAPRCBM). DISCUSSION: Staff has contacted the coordinator from CAPRCBM to determine the steps associated with scheduling a joint workshop with the Temecula and Murrieta Parks and Recreation Commission. The costs associated with the workshop is $200.00 plus $10.00 per Commissioner who attends. However, the workshop has to be scheduled 90 days in advance. The City of Murrieta has already stated their desire to participate in this workshop. Enclosed is information concerning topics that could be discussed at this workshop. If you have a preference in a particular topic, please advise staff. City of Murrieta 26442 Beckman Court Murrieta. CA 92562 (714) 698-1040 Fax: (714t 698-4509 Jerry Allen. Mayor Joe Peer>'. Mayor Pro-Tcm Dave Haas, Councilrnenlber Gary S. Smith, Councilmember Fred Weishaupl, Councilmember Jack R. Smith, City Manager July 9, 1992 Mr. Shawn Nelson Director of Community Services City of Temecula Community Services Department 43174 Business Park Drive Temecula, California 92590 Dear Shawn: On behalf of the City of Murrieta and the Parks and Recreation Commission, I wish to thank you for your presentation at the July 2nd meeting of the Murrieta Parks and Recreation Commission. I appreciate the fact that you were able to take the time to make an informanve and detailed presentation to the Commissioners and staff. it was most' · o' We,%o kthe"' and opport, nities 'i:te~gPn&t°&~re e3 and entertainment facility will ~e an excellent addition to the community. The Commissioners and I appreciate the invitation to participate in a joint workshop of the Murrieta and Temecula Parks and Recreation Commissions and we look forward to attending. Let me know if Muraleta can be of any assistance. Thank you again for your presentation. Sincerely, Stephen N. Mandoki Assistant City Manager Gem of the Valley CALIFORNIA ASSOCIATION OF PAFIK & RECREATION COMMISSIONERS & BOARD MEMBERS CAPRC~N ACADENY WHAT IS THE C~PRC~N ACADENY? The CAPRCBM Academy was established in 1988 by the CAPRCBM Board of Directors to meet a long standing need for an education service to the association's membership. Our charter is to provide high qual- ity training opportunities for Parks and Recreation Commissioners and Board Members th roughout the state. The CAPRCBM Academy staff and Course Directors are all volunteers. They each have been Commissioners or Board Members for at least five years, most have been chairs of their Commissions or Boards. Each is an experienced trainer. When a request for a workshop has been received and confirmed, a Course Director is appointed to work with the requesting agency to develop a workshop to meet their local needs. Although workshops may be conducted for a single agency, we encourage making them available to Commissioners and Board Members from neighboring cities and districts to provide the widest training opportunity possible. When the workshop content has been determined~ trainers are identi- fied for each session. Some sessions will be led by Academy staff, others by local resource persons. For specialized subjects, an out- side trainer will be brought in. We encourage the maximum use of local resource persons as session leaders because 1) they are most familiar with local issues and 2) they are an immediately available resource in the weeks and months following a workshop. NOW NUC~ DOES IT COST/ The basic cost for a workshop is $200.00 plus $10.00 per registrant. To this is added costs for refreshments and lunch (about $7.00/per- son). Facilities are generally made available by the hosting agency. The total cost is then apportioned among the potential attendance. In the above example, the cost for a workshop with 20 estimated registrants would be $27/person ($200/20 + $I0 + $7). Workshop registration is sent to the CAPRCBM Academy Registrar. At the completion of the workshop a reimbursement check for workshop incidental expenses (lunch, refreshments, etc.) will be promptly issued by the Academy Registrar to the hosting agency. affiliated with the California Park and Recreation Society and the National Recreation and Park Association. Citizen.Board Members Branch ~IAT WORKSBOP S~SSIONS AR~ AVAILABLE? Generally, each module would be 45-50 minutes in length. Possible subjects are: Adult Sports Programs After School/Latchkey Programming Brown Act_ Capital Improvement Plans Commission/Board Handbooks, Minutes, Publications Community Relations/Networking Conflict of Interest Dependent Care Programs Financing Parks and Recreation Activities Gift Catalogs Legislative Affairs Lon8 Range Planning Mock Co.:mission Meeting Open Space Preservation Park Design Considerations Park Development Process Park Ranger Operations Polishing Your Image President's Commission on Americans Outdoors Public/Private Partnerships Recreation Services Overvlew Role of the Commissioner/Board Member Safe Tot Lots School Site Reuse (Naylot Bill) Seniors Programming Small Group Leadership Speaking to Groups Therapeutic Recreation Services Trail/Pathway Development Work-based Recreation Opportunities Youth Programming Other topics can be developed to meet local needs. !lOW DO I S~!za~l~ A WORKSNOPT To schedule a workshop, contact the CAPRCBM Coordinator CAPRCBM Coordinator c/o CPRS P. O. BOx 161118 Sacramento~ CA 95816 Telephone: (916) 446-2777 The CAPRCBM Coordinator will forward your request to the CAPRCBM Academy Assistant Director serving your community who will in turn contact you to start the scheduling process, CALIFORNIA ASSOCIATION OF PARK & RECREATION COMMISSIONERS & BOARD MEMBERS An invitation to City/Tow~ Council Members, Boards of supervisors Parks and Recreation Co~unissioners/Board Members Parks and Recreation Professional staff to attend the C.A.P.R.C.B.M. COMMISSIONER'S WORKSHOP April 4, 1992 9:00 - 4:30 PM at the Corte Madera Recreation Center 498 Tamalpais Drive (at East/nan} corte Hadera, CA 94925 (415) 927-5072 An opportunity for new and experienced Parks and Recreation Commissioners and Board Members to learn new skills, share experiences and become more effective in their positions. An opportunity for elected officials and Parks and Recreation professionals to learn how to effectively use the resources of their commission/Board members. Luncheon speaker: Brian O'Neill Superintendent, Golden Gate Recreation Area and Chair, Bay Area Ridge Trail Council Affiliated with the Califom~ia Park and Recreation Society and the National Recreation and Pork Association, Citizen-Board Members Branch Morning Program 8:00 - 8:50 CAPRCBM COM/{ISSIOHERS WORKSHOP April 4, 1992 Corte Madera Recreation Center continental Breakfast REGISTRATION 9:00 - 9:15 Welcome by CAPRCBMC Host Mayor or Councilmember corte Madera Staff Bost(ess) 9:15 - 9:30 Administrative Matters/Review Agenda 9:30 - 10:15 session I - The Role of the Commissioner (Seeing ourselves as others see us) 10:15 - 10:30 Break 10:30 - 11:20 SESSION II - Effective Communications (I know you heard what I said but I'm not sure you understood what I meant) a. by City councilmember c. by Parks and Recreation Director d. by Commissioner e. Panel Discussion/Questions & Answers 11:30 - 1:00 LUNCH (Guess who's coming to dinner?) 12:15 - 1:00 Guest Speaker Brian O'Neill, Superintendent, Golden Gate Recreation Area and Chair, Bay Area Ridge Trail council 1:00 - 1:50 Session III- Networking (we're all in the same boat so we might try rowing together) a. Llaison to other Commissions/groups b. Community Outreach Page 2 Afternoon Program (Continued) 2=00 - 2:45 Session IVA - The Park Development Process (You load sixteen tons and whadda ya get...) a. Design Criteria b. Public Input c. Review/Approval Process d. school si~e Reuse 2:00 - 2:45 Session XVB - Recreation Services (Recreation is more than "play") a. community Centers b. Threapu~ic Recreation Services c. Youth/Seniors Programuning d. "Brokering' 2,45 - 3a00 Break 3=00 - 3:50 session Iv - Legal Matters (He's gonna find out who's naughty and nice...) a. Brown AC~ b. Conflict of Interest 3:50 - 4:00 Evaluation (Here comes the judge...) 4:00 - 4:30 Snacks - Sharing Ideas. ITEM NO. 7 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: FROM: DATE: SUBJECT: PARKS AND RECREATION COMMISSION SHAWN D. NELSON (~ AUGUST 10, 1992 COMMISSIONER VACANCY RECOMMENDATION: That the Parks and Recreation Commission: Receive and file. DISCUSSION: On June 9, 1992, Commissioner Mike Kirby notified me by telephone that he officially resigned from the Parks and Recreation Commission and a letter of resignation would follow. To date, staff has not received a letter of resignation. The City Clerk has advertised the vacancy and applications have been received. This item is scheduled for City Council consideration on August 11, The new Commissioner should be able to attend the September 14 meeting if approved by the City Council, CITY OF TEMECULA NOTICE OF VACANCY Notice is hereby given, pursuant to Government Code Section 54974, that a vacancy exists on the Parks and Recreation Commission, due to the resignation of Michael J. Kirby, whose term was to expire October 2, 1992. ' Application forms are available in the City Clerk's office for those interested in serving on this Commission/Committee. Date Posted: JUne 29, 1992 June s. Greek City Clerk City of Temeculai California