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3. Description of Operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the city's collection system from the regulated processes.
4. Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the city's collection system from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 40 CFR 403.6(e).
5. Measurement of Pollutants.
a. The categorical pretreatment standards applicable to each regulated process. b. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the general manager, of the regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section
13.02.640.
c. Sampling must be performed in accordance with procedures set out in Section 13.02.645.
6. Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
7. Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Section 13.02.605.
8. Signature and Certification. All baseline monitoring reports must be signed and certified in accordance with Section 13.02.410.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.605 Compliance schedule progress reports.
The following conditions shall apply to the compliance schedule required by Section 13.02.600(B)(7) of this chapter:
A. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation); B. No increment referred to above shall exceed nine months; C. The user shall submit a progress report to the general manager no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and
D. In no event shall more than nine months elapse between such progress reports to the general manager.
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(Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.610 Reports on compliance with categorical pretreatment standard deadline.
Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the city's collection system, any user subject to such pretreatment standards and requirements shall submit to the general manager a report containing the information described in Section 13.02.600(B)(4-6) of this chapter. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section
13.02.410.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.615 Periodic compliance reports.
A. If a permitted user monitors any pollutant using the procedures prescribed in Section 13.02.645, the results of this monitoring shall be at a frequency determined by the general manager but in no case less than twice per year (in June and December), be reported. The report shall indicate the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All such reports must be signed and certified in accordance with Section 13.02.410.
B. All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge. (Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.620 Reports of changed conditions.
Each user must notify the general manager of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least thirty (30) days before the change.
A. The general manager may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a waste discharge application under Section
13.02.408.
B. The general manager may issue a waste discharge permit under Section 13.02.412 or modify an existing waste discharge permit under Section 13.02.506 in response to changed conditions or anticipated changed conditions.
C. For purposes of this requirement, significant changes include, but are not limited to, flow increases of twenty (20) percent or greater, and the discharge of any previously unreported pollutants. (Ord. No. 1057, § 2(Exh. B), 10-23-13)
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13.02.625 Reports of potential problems.
A. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the RWRF or the city's collection system, the user shall immediately telephone and notify the general manager of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
B. Within five days following such discharge, the user shall, unless waived by the general manager, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the city's collection system or RWRF(s), natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter. (Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.630 Reports from unpermitted users.
All users not required to obtain a waste discharge permit shall provide appropriate reports to the general manager as the general manager may require.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.635 Reports of sampling violations/repeat sampling.
If sampling performed by a user indicates a violation, the user must notify the general manager within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the general manager within thirty (30) days after becoming aware of the violation. The user is not required to resample if the city monitors at the user's facility at least once a month, or if the city samples between the user's initial sampling and when the user receives the results of this sampling. (Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.640 Analytical requirements.
All pollutant analyses, including sampling techniques, to be submitted as part of a waste discharge application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analysis must be performed in accordance with procedures approved by US EPA.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.645 Sample collection.
A. Except as indicated in Section B, below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the general manager may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the user
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demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
B. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.650 Timing.
Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.655 Record keeping.
Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the general manager.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.660 Self-monitoring reports.
Users may be required to submit periodic self-monitoring reports containing a description of the nature, concentration and flow of pollutants required to be reported by the city. Sampling for self-monitoring reports shall be performed during the period covered by the report. All required analyses shall be performed by a state certified laboratory using analytical methods as defined in this article. Significant industrial users shall be required to submit self-monitoring reports at least every six months.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.665 Solvent management plans.
All industrial users subject to effective categorical standards which include a total toxic organic limitation shall be required to file a solvent management plan.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.670 Accidental discharge/slug control plans.
The city shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The city may require any user to develop, submit for approval, and implement such a plan. Alternatively, the
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city may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:
A. Description of discharge practices, including nonroutine batch discharges; B. Description of stored chemicals;
C. Procedures for immediately notifying the city of any accidental or slug discharge, as required by Section
13.02.625 of this chapter; and
D. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.675 Notification of hazardous waste discharge.
A. All industrial users shall notify the city, the EPA regional waste management division director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be classified as a hazardous waste pursuant to 40 CFR part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other). If the industrial user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve (12) months. The notifications required by this subsection shall provide the notification no later than 180 days after the discharge of the hazardous waste.
B. Any notification under this subsection need be submitted only once for each hazardous waste discharged.
However, notifications of changed discharges must be submitted in accordance with 40 CFR 403.12(j).
C. The hazardous waste discharge notification requirements specified in this subsection do not apply to pollutants already reported under the self-monitoring requirements of this chapter. Industrial users are also exempt from such requirements during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e).
D. Discharges of more than fifteen (15) kilograms of non-acute hazardous wastes, as specified in 40 CFR 261.30(d) and 261.33(e), require a one-time notification. Additional notification is not required for subsequent months during which the industrial user discharges additional quantities of the same nonacute hazardous waste.
E. In the case of new federal regulations under section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user shall notify the city, the EPA regional waste management division director and state hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.
F. In the case of any notification made under these requirements, the industrial user shall certify that it has a program in place to reduce the volume or toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
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(Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.680 Toxic organics management plan.
The city may require any user to submit a toxic organic management plan (TOMP) to address the prevention of discharge of toxic organics to the POTW or the environment. A TOMP shall contain, at a minimum, the toxic organic compounds used, the method(s) of disposal, and the procedures for assuring that toxic organics do not spill into the wastewater being discharged. The city may allow a user to develop and implement a TOMP in lieu of required self-monitoring for toxic organics.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.685 Other reports.
Users shall file any other reports required by state law, including such reports as are required by Health and Safety Code chapter 6.95 (§§ 25500 through 25547.2).
(Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.690 Confidential information.
Information and data on a user obtained from reports, surveys, wastewater permit applications, wastewater permits, and monitoring programs, and from the city's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the city, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents, characteristics, and other effluent data as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)
Article V Enforcement
13.02.700 Noncompliance monitoring procedures and applicable fees.
A. Self-Monitoring Requirements as a Result of Noncompliance.
1. If analysis of any sample obtained by the city or by a user shows noncompliance with the applicable wastewater discharge limits set forth in the ordinance or in the permittee's discharge permit, the city may impose self-monitoring requirements on the permittee or user.
2. A user shall perform required self-monitoring of constituents in a frequency, at the specific location, and in a manner directed by the city.
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3. All analyses of self-monitoring samples shall be performed by an independent laboratory acceptable to the city and submitted to the city in a form and at a frequency determined by the city.
4. All self-monitoring costs shall be borne by the user.
5. Nothing in this section shall be deemed to limit the authority of the city to impose self-monitoring as a permit condition.
B. Noncompliance Sampling Fees.
1. If analysis of any sample of a user's discharge obtained by the city shows a violation by the user of the mass emission rates or concentration limits specified in the user's discharge permit or in this chapter, then the user shall be subject to noncompliance sampling fees pursuant to fee schedules adopted by ordinance or resolution of the district.
2. The fees specified in Subsection 13.02.700(B)(1) herein shall be imposed for each date on which the city conducts sampling as a result of a violation by a user.
C. Noncompliance Inspection Fees.
1. Each user is subject to routine inspection. When noncompliance with any of the provisions of this chapter is determined, a follow-up inspection may be required. Each user shall receive one follow-up inspection to verify compliance for each routine inspection without being subject to noncompliance inspection fees.
2. When it becomes necessary to perform additional inspections in order to determine compliance with the provisions of this chapter, then the user shall pay noncompliance inspection fees to the city pursuant to fee schedules adopted by ordinance or resolution of the district.
3. The fees specified in Subsection 13.02.700(C)(2) herein shall be imposed for each date (excluding one follow-up inspection) on which the city conducts an inspection as a result of a violation by a user. (Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.705 Election of enforcement remedies.
The general manager, upon finding a violation, may employ any of the remedies set forth in this article, subject to due consideration of the following:
A. The magnitude of the violation;
B. The duration of the violation;
C. The effect of the violation on RWRF compliance with discharge order; D. The effect of the violation on the operation of the RWRF; E. The compliance history of the user; and
F. The good faith of the user.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.710 Notice of violation.
A. Upon finding a violation, the general manager may issue a notice of violation. Within ten (10) working days of the delivery of this notice, the user shall respond to the source control division with either an objection contesting the finding, or an explanation of the violation and a plan for the satisfactory correction and
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prevention thereof, to include specific required action. Said response in no way relieves the user of liability for any violations occurring before or after the receipt of the notice of violation.
B. Upon receipt of an objection contesting a finding of violation, the division head will schedule a hearing within ten (10) working days at which the user may present information supporting the objection. Within five working days of the hearing, the division head shall determine the validity of the objection, either rescinding the notice of violation or denying the objection, thereby requiring submission of the plan. The user may appeal the division head's determination as set forth in Article V. (Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.715 Administrative orders.
Administrative orders include, but are not limited to, consent orders, show cause orders, cease and desist orders, and compliance orders.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.720 Consent orders.
The general manager may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Section 13.02.730 and shall be judicially enforceable.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.725 Show cause orders.
A. The general manager may order a user which has been given a notice of violation and which has failed to submit an acceptable plan of corrective action or which, having submitted such a plan, fails to follow through with execution of the plan, to appear at a hearing scheduled by the general manager to show cause why the enforcement action proposed in the show cause order should not be taken.
B. The show cause order shall specify the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the user show why the proposed enforcement action should not be taken. The show cause order shall be served personally or by registered or certified mail (return receipt requested) at least fifteen (15) days prior to the hearing. The order may be served on any authorized representative of the user. A show cause order shall not be a bar against, or prerequisite for, taking any other action against the user.
C. At the conclusion of the show cause hearing, the general manager may: rescind previous enforcement action; issue an appropriate administrative order (consent order, compliance order, or cease and desist order), including assessment of fines; initiate control mechanism revocation proceedings or termination of sewer services; or direct the remission of the file to counsel for legal action. (Ord. No. 1057, § 2(Exh. B), 10-23-13)
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13.02.730 Compliance orders.
A. When the general manager finds a violation, he may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. if the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated.
B. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standards or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation.
C. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.735 Administrative fines.
A. When, subsequent to a show cause hearing, the general manager finds a violation, he may fine the user in an amount not to exceed five thousand dollars ($5,000.00 ) per violation per day of discharge in violation of any control mechanism or order issued hereunder, or any other pretreatment standards or requirement.
B. The user may be responsible for the city's costs of preparing administrative enforcement actions, such as notices and orders.
Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be assessed an additional penalty of five percent of the unpaid balance, and interest shall accrue thereafter at a rate of one and one half (1½) percent per month. A lien against the user's property will be sought for unpaid charges, fines, and penalties.
C. Users desiring to dispute an administrative fine must file a written request for the general manager to reconsider the fine along with full payment of the fine amount within thirty (30) days of the user's receipt of notice of the fine. Assessment of fines may be appealed pursuant to Article V. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user.
D. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.740 Emergency suspensions.
A. The general manager may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons.
B. The general manager may also immediately suspend a users discharge, after notice and opportunity to respond, that threatens to interfere with the operation of a regional water reclamation facility, or which presents, or may present, an endangerment to the environment.
1. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution.
In the event of a user's failure to immediately comply voluntarily with the suspension order, the general manager may take such steps as deemed necessary, including immediate severance of the
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sewer connection, to prevent or minimize damage to the city's collection system, the city's RWRFs, the receiving stream, or endangerment to any individuals. The general manager may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the general manager that the period of endangerment has passed, unless the termination proceedings in Section 13.02.745 are initiated against the user.
2. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the general manager prior to the date of any show cause or termination hearing under Sections 13.02.725 or 13.02.745.
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension. (Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.745 Termination of discharge.
In addition to the provisions in Section 13.02.510, any user who violates the following conditions is subject to discharge termination:
A. Violation of waste discharge permit conditions;
B. Failure to accurately report the wastewater constituents and characteristics of its discharge; C. Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
D. Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or
E. Violation of the pretreatment standards in Article III of this chapter.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 13.02.725 why the proposed action should not be taken. Exercise of this option by the city shall not be a bar to, or a prerequisite for, taking any other action against the user. (Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.750 Published notices for significant noncompliance.
In accordance with federal regulations, the city shall annually cause to be published the names of all users in significant noncompliance. Said publication shall be made in the newspaper of the largest daily circulation published in the city's service area.
13.02.755 Judicial enforcement remedies.
In certain circumstances, judicial enforcement may be appropriate. Such remedies may include, but are not limited to, injunctive relief, civil penalties, and criminal prosecution. (Ord. No. 1057, § 2(Exh. B), 10-23-13)
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13.02.760 Injunctive relief.
When the general manager finds a violation, the city may petition the Superior Court for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the control mechanism, order, or other requirement imposed by this chapter on activities of the user. The city may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation.
A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.765 Civil penalties.
A. Authority. All users of the city's system and facilities are subject to administrative or judicial enforcement actions by the city, U.S. EPA, State of California Regional Water Quality Control Board, or the County of Riverside District Attorney. Said actions may be taken pursuant to the authority and provisions of several laws, including but not limited to: (I) Federal Water Pollution Control Act, commonly known as the Clean Water Act (33 U.S.C.A. Section 1251 et seq.); (2) California Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.); (3) California Hazardous Waste Control Law (California Health & Safety Code Sections 25100 to 25250); (4) Resource Conservation and Recovery Act of 1976 (42 U.S.C.A.
Section 6901 et seq.); and (5) California Government Code, Sections 54739-54740.
B. Recovery of Fines or Penalties. When the city must pay fines or penalties imposed by other regulatory or enforcement agencies based, and the city can establish said violation was the result of the discharge of any user, which discharge was in violation, as defined in this chapter, the city shall be entitled to recover from the user all costs and expenses, including, but not limited to, the full amount of said fines or penalties.
C. Ordinance. Pursuant to the authority of California Government Code Sections 54739-54740, any person who violates any provision of this chapter, any permit condition, prohibition or effluent limit, or any suspension or revocation order, shall be liable civilly for a sum not to exceed twenty-five thousand dollars ($25,000.00) per violation for each day in which such violation occurs. Pursuant to the authority of the Clean Water Act, 33 U.S.C. Section 1251 et seq., any person who violates any provision of this chapter, or any permit condition, prohibition, or effluent limit shall be liable civilly for a sum not to exceed twenty-five thousand dollars ($25,000.00) per violation for each day in which such violation occurs. The city shall petition the Superior Court to impose, assess, and recover such penalties, or such penalties as the city may impose, assess, and recover pursuant to federal and/or state law.
D. Administrative Civil Penalties.
1. Pursuant to the authority of California Government Code Sections 54740.5 and 54740.6, the city may issue an administrative complaint against any person who violates:
a. any provision of this chapter;
b. any permit condition, prohibition, or effluent limit; or c. any suspension or revocation order.
2. The administrative complaint shall be served by personal delivery or certified mail, and shall specify a date and time for a hearing, which will be held within sixty (60) days following service. The administrative complaint will allege the act or failure to act that constitutes the violation of the city's requirements, the provisions of law authorizing civil liability to be imposed, and the proposed civil
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penalty. The matter shall be heard by a hearing officer designated by the city manager. The person against whom an administrative complaint has been issued may waive the right to a hearing.
3. At the hearing, the person shall have an opportunity to respond to the allegations set forth in the administrative complaint by presenting written or oral evidence.
4. After the hearing, the hearing officer shall deliver a written report to the general manager, setting forth findings of fact, conclusions and a recommendation. Upon receipt of the written report, the general manager shall issue his decision and order in writing within thirty (30) calendar days after the hearing. The decision and order shall be served by personal delivery or certified mail.
5. In determining the amount of civil penalties, the general manager may take into consideration all relevant circumstances, including but not limited to the extent of harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occurs, and corrective action, if any, attempted or taken by the person involved.
6. Civil penalties may be assessed as follows:
a. In an amount which shall not exceed two thousand dollars ($2,000.00) for each day for failing or refusing to furnish technical or monitoring reports;
b. In an amount which shall not exceed three thousand dollars ($3,000.00) for each day for failing or refusing to timely comply with any compliance schedules established by the city; c. In an amount which shall not exceed five thousand dollars ($5,000.00) per violation for each day of discharge in violation of any waste discharge limit, permit condition, or requirement issued, reissued, or adopted by the city;
d. In any amount which does not exceed ten dollars ($10.00) per gallon for discharges in violation of any suspension, revocation, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the city;
7. The General Manager's order assessing administrative civil penalties shall be final on the 31st day after it is served on the person unless an appeal and request for hearing is filed with the city Manager before the 31st day. Copies of the administrative order shall be served on the party served with the administrative complaint, either by personal service or by registered mail, and a copy forwarded to other persons who appeared at the hearing and requested a copy.
8. The general manager's decision and order is subject to appeal to the city manager pursuant to Section
13.02.785. Any person aggrieved by a final order issued by the city manager may obtain review of the order of the city manager in the superior court, pursuant to Government Code Section 54740.6, by filing a petition for writ of mandate within thirty (30) days following service of the Board's decision or order.
9. Payment of any order setting administrative civil penalties shall be made within thirty (30) days of the date the order becomes final. The amount of any administrative civil penalties imposed which have remained delinquent for a period of sixty (60) days shall constitute a lien against the real property of the discharger from which the discharge resulting in the imposition of the civil penalty originated. The lien shall have no effect until recorded with the county recorder. The city may record the lien for any unpaid administrative civil penalties on the 91st day following the date the order becomes final.
10. No administrative civil penalties shall be recoverable under Section 13.02.765(D) for any violation for which the city has recovered civil penalties through a judicial proceeding filed pursuant to Government Code Section 54740.
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E. Filing a suit for civil penalties shall not be a bar to, or a prerequisite for, taking any other action against a user.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.770 Criminal prosecution.
A user who willfully or negligently violates any provision of this chapter, a control mechanism, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000.00), or imprisonment for not more than six months, or both. Each violation and each day in which a violation occurs may constitute a new and separate violation of this chapter and shall be subject to the penalties contained herein. (Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.775 Supplemental enforcement actions.
A. Performance Bonds. The city may decline to issue or reissue a wastewater permit to any user who has failed to comply with any provision of this chapter, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the city to be necessary to achieve consistent compliance.
B. Liability Insurance. The city may decline to issue or reissue a wastewater permit to any user who has failed to comply with any provision of this chapter, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge. (Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.780 Appeals to the general manager.
A. General. Any user or applicant affected by any decision, action or determination may file with the general manager a written request for an appeal hearing. The city must receive the request within thirty (30) days of mailing of notice of the decision, action, or determination to the user or applicant. The request for hearing shall set forth in detail all facts supporting the request.
B. Notice. The general manager shall, within fifteen (15) days of receiving the request for appeal, designate a hearing officer who will hear the appeal and provide written notice to the user or applicant of the hearing date, time and place. The hearing date shall not be more than thirty (30) days from the mailing of such notice by certified mail, unless a later date is agreed to by the user or applicant. If the hearing is not held at the agreed time due to actions or inactions of the user or applicant, then the decision shall be deemed final.
C. Hearing. At the hearing, the user or applicant shall have the opportunity to present information supporting its position concerning the decision, action or determination.
D. Written Determination. After the hearing, the hearing officer shall deliver a written report to the general manager setting forth findings of fact, conclusions, and a recommendation whether to uphold, modify or reverse the original decision, action or determination. Upon receipt of the written report, the general manager shall issue his decision and order within thirty (30) calendar days of the hearing. The written decision and order of the general manager shall be sent by certified mail.
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The order of the general manager shall be final on the sixteenth day after it is mailed, unless a request for hearing is filed with the city manager pursuant to Section 13.02.785, no later than 5:00 p.m. on the fifteenth day following such mailing.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.785 Appeals to the city manager.
A. General.
1. Any user or applicant may appeal a decision, action, or determination made by the general manager prior to the date that the general manager's order becomes final, by filing a written request for hearing with the city manager accompanied by an appeal fee of one hundred dollars ($100.00). The request for hearing shall set forth in detail all the issues in dispute and all facts supporting the request.
2. No later than sixty (60) days after receipt of the request for hearing, the city manager shall either set the matter for a hearing, or deny the request for a hearing.
3. A hearing shall be held by the city manager within sixty-five (65) days of the date the request for a hearing was granted, unless a later date is agreed to by the user or applicant and the city manager. If the matter is not heard within the required time, due to actions or inactions of the user or applicant, the general manager's order shall be final.
B. Granting Request for Hearing. The city manager shall grant all requests for an appeals hearing concerning permit suspension, revocation, or denial. Whether to grant or deny the request for a hearing on appeals of other decisions of the general manager shall be within the sole discretion of the city manager.
C. Appeal Fee Refund. The appeal fee shall be refunded if the city manager denies a hearing.
D. Written Determination.
1. After the hearing, the city manager shall make a determination whether to uphold, modify, or reverse the decision, action, or determination made by the general manager.
2. The city manager's decision shall be set forth in writing and shall contain findings of fact and conclusions. The written decision and order of the city manager shall be sent by certified mail within sixty-five (65) days after the close of the hearing
3. The order of the city manager shall be final upon its adoption. (Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.790 Appeal of charges and fees.
A. Any user or applicant may request reconsideration of the imposition and collection of fees or charges, such as connection charges, sewer use charges, and waste hauler fees. Following review of such a request, the city shall notify the user or applicant by certified mail of the city's decision on the reconsideration request within thirty (30) days of the city's receipt of the request. Any user or applicant may file an appeal which shall be heard by the city manager. The notice of appeal must be received by the city within thirty (30) days of the mailing of the city's decision on the reconsideration request.
B. Notwithstanding the foregoing, appeals of noncompliance sampling fees shall be made pursuant to the appeal procedure set forth in Sections 13.02.780 and 13.02.785. (Ord. No. 1057, § 2(Exh. B), 10-23-13)
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13.02.800 Payment of charges.
A. Except as otherwise provided, all fees, charges and penalties established by this chapter or by resolution are due and payable upon notice thereof. All such amounts are delinquent if unpaid thirty (30) days after date of invoice.
B. Any charge that becomes delinquent shall have added to it a penalty in accordance with the following:
1. Thirty-one (31) days after date of invoice, a basic penalty of five percent of the base invoice amount, not to exceed a maximum of one thousand ($1,000.00); and
2. Interest at a rate of one and one-half (1½) percent per month of the sum of base invoice amount and basic penalty shall accrue from and after the thirty-first day after date of invoice.
C. Any invoice outstanding and unpaid after sixty (60) days shall be cause for immediate initiation of permit revocation proceedings or immediate suspension of the permit.
D. Penalties charged under this section shall not accrue to those invoices successfully appealed. (Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.805 Remedies nonexclusive.
The remedies provided for in this chapter are not exclusive. The general manager may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will be in accordance with the city's enforcement response plan. However, the general manager may take other action against any user when the circumstances warrant.
Further, the general manager is empowered to take more than one enforcement action against any noncompliant user.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.810 Collection of delinquent accounts.
Collection of delinquent accounts shall be in accordance with the city's policy for collection of delinquent obligations owed to the city, as amended from time to time; any such action for collection may include an application for an injunction to prevent repeated and recurring violations of this chapter. (Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.815 Recovery costs incurred by city.
A. In the event a user fails to comply with any of the terms and conditions of this chapter, an administrative order, a permit suspension or revocation, a consent order, or a permit issued hereunder, the city shall be entitled to reasonable attorney's fees and costs which may be incurred in order to enforce any of said terms and conditions with or without filing proceedings in court.
B. The city may require the user to pay any additional costs incurred which are reasonably related to the enforcement of a user's discharge permit or any requirements of this chapter. These costs may include any inspections, monitoring, sampling or other investigations required by the city on a non-routine basis; procurement of water records; additional treatment; reasonable attorney fees and other legal costs, whether or not civil enforcement is pursued in court; any expert analysis required on a non-routine basis;
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any damage to the POTW; costs required to resume normal operations of the POTW; and any other costs incurred by the city in its enforcement efforts. These costs shall be based upon actual cost, including actual staff time incurred for such enforcement activities. These costs are due and payable as directed in any notice and are not subject to appeal. The city shall provide the user an accounting of these costs upon the user's request.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.820 Financial security/amendments to permit.
A. Compliance Deposit. Users that have been subject to enforcement and/or collection proceedings may be required to deposit with the city an amount necessary to guarantee payment of all charges, fees, penalties, costs and expenses that may be incurred in the future, before permission is granted for further discharge to the collection system.
B. Delinquent Accounts. The city shall review and examine user's account to determine whether previously incurred fees and charges have been paid in accordance with time requirements prescribed by this chapter.
The city may thereafter issue an amendment to the user's control mechanism in accordance with the provisions of Article IV and Section 13.02.820.E. of this chapter.
C. Bankruptcy. Every user filing any legal action in any court of competent jurisdiction, including the United States Bankruptcy Court, for purposes of discharging its financial debts or obligations or seeking courtordered, protection from its creditors, shall, within ten (10) days of filing such action, apply for and obtain the issuance of an amendment to its control mechanism.
D. Permit Amendments. The city shall review and examine user's account to determine whether previously incurred fees and charges have been paid in accordance with time requirements prescribed by this chapter.
The city may thereafter issue an amendment to the user's permit in accordance with the provisions of Article IV and Section 13.02.820.E.
E. Security. An amendment to a control mechanism issued pursuant to Sections 13.02.720, 13.02.725, and
13.02.730, may be conditioned upon the user depositing financial security in an amount equal to the average total fees and charges for three calendar months during the preceding year. Said deposit shall be used to guarantee payment of all fees and charges incurred for future services and facilities furnished by city and shall not be used by the city to recover outstanding fees and charges incurred prior to the user filing and receiving protection from creditors in the United States Bankruptcy Court.
F. Return of Security. In the event the user makes payment in full within the time prescribed by this chapter of all fees and charges incurred over a period of two years following the issuance of an amendment to the control mechanism pursuant to Sections 13.02.820(B), (C), and (D), the city shall either return the security deposit posted by the user or credit their account.
G. Water Supply Severance. Water service to the user may be severed for any violation. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply. (Ord. No. 1057, § 2(Exh. B), 10-23-13)
13.02.825 Judicial review.
A. Purpose and effect. Pursuant to Section 1094.6 of the California Code of Civil Procedure, the city hereby enacts this part to limit to ninety (90) days following final decisions in adjudicatory administrative hearings the time within which an action can be brought to review such decisions by means of administrative mandamus.
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B. Definitions. As used in this section, the following terms and words shall have the following meanings:
1. "Decision" shall mean and include adjudicatory administrative decisions that are made after hearing, or after revoking, suspending, or denying an application for a permit or a license.
2. "Complete record" shall mean and include the transcript, if any, of the proceedings, all pleadings, all notices and orders, any proposed decision by the general manager, the final decision, all admitted exhibits, all rejected exhibits in the possession of the city or its offices or agents, all written evidence, and any other papers in the case.
3. "Party" shall mean a person whose permit or service has been denied, suspended, or revoked.
C. Time Limit for Judicial Review. Judicial review of any decision of the city or its officer or agent may be made pursuant to Section 1094.5 of the Code of Civil Procedure only if the petition for writ of mandate is filed not later than the ninetieth day following the date on which the decision becomes final. If there is no provision for reconsideration in the procedures governing the proceedings or if the date is not otherwise specified, the decision is final on the date it is made. If there is provision for reconsideration, the decision is final upon the expiration of the period during which reconsideration can be sought; provided that if reconsideration is sought pursuant to such provision the decision is final for the purpose of this section on the date that reconsideration is rejected.
D. Preparation of the Record. The petitioner may request, in writing, the complete record of the proceedings.
The record shall be prepared by the city officer or agent who made the decision and shall be delivered to the petitioner within ninety (90) days after filing the written request. The city may recover from the petitioner its actual costs for transcribing or preparing the record.
E. Extension. If the petitioner files a request for the record within ten (10) days after the date the decision becomes final, the time within which a petition, pursuant to Section 1094.5 of the Code of Civil Procedure, may be filed shall be extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the petitioner or the petitioner's attorney of record, if appropriate.
F. Notice. In making a final decision, the city shall provide notice to the party that the time within which judicial review must be sought is governed by Section 1094.6 of the Code of Civil Procedure.
G. Administrative Civil Penalties. Notwithstanding the foregoing in Section 13.02.820, and pursuant to Government Code Section 54740.6, judicial review of an order of the city manager imposing administrative civil penalties pursuant to Section 13.02.765(D) may be made only if the petition for writ of mandate is filed not later than the thirtieth day following the day on which the order of the city manager becomes final. (Ord. No. 1057, § 2(Exh. B), 10-23-13)
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Appendix E
Chapter 13.16 (Water Quality Control) of the
Municipal Code
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Title 13 - PUBLIC SERVICES
Chapter 13.16 Water Quality Control
Coachella, California, Code of Ordinances Created: 2025-04-25 11:55:37 [EST] (Supp. No. 28)
Chapter 13.16 Water Quality Control1
13.16.010. Authority.
This Chapter implements the Clean Water Act and the Porter-Cologne Water Quality Control Act and is enacted pursuant to authority conferred by an areawide urban stormwater run-off permit [NPDES Permit No.
CAS617002, Order No. R7-2013-0011 issued by the Regional Board pursuant to Section 402(p) of the Clean Water Act.
(Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.020 Purpose and objectives.
A. The purpose of this chapter is to ensure the health, safety and general welfare of the residents of the city of Coachella by prescribing regulations to effectively prohibit nonstormwater discharges into the city's stormwater drainage system and to specifically achieve the following objectives:
1. Control discharges to and from the stormwater drainage system, spills, dumping or disposal of materials other than stormwater;
2. Reduce the discharge of pollutants in all stormwater discharges;
3. Protect and enhance the water quality of local, state and federal watercourses, water bodies, ground water and wetlands in a manner pursuant to and consistent with the Clean Water Act and PorterCologne Water Quality Control Act. (Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.030 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words and phrases not ascribed a meaning by this Chapter have the meanings ascribed by the Clean Water Act, the regulations implementing the NPDES program, the Porter-Cologne Water Quality Control Act, and its implementing regulations, if defined therein, and if not, then the meaning ascribed by the areawide urban stormwater run-off permit.
"Area-wide urban stormwater runoff permit" means the current, regional NPDES permit issued by the regional board to the Riverside County Flood Control District, Riverside County and eleven (11) incorporated cities discharging stormwater into the Whitewater River Basin for the regulation of stormwater discharges from municipal separate storm sewer systems (NPDES Permit No. CAS617002, Regional Board Order No. R7-2013-0011, as it currently exists or may be amended, renewed, or reissued). "BMP" means any best management practice, best management guideline, or best management requirement as adopted by any federal, state, regional or local agency to prevent or reduce the pollution of waters 1Editor's note(s)—Ord. No. 1057, § 5, adopted Oct. 23, 2013, repealed the former ch. 13.16, §§ 13.16.010—
13.16.310, and enacted a new chapter as set out herein. The former ch. 13 pertained to stormwater management and derived from prior code, §§ 32-1—32-32; and Ord. No. 1014, § 1, adopted Feb. 24, 2010.
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of the United States. BMPs are schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce pollutant loading from stormwater or nonstormwater discharges to receiving waters. BMPs also include treatment requirements, operating procedures, and practices to control: plant site runoff, spillage or leaks; sludge or waste storage and disposal; or drainage from raw material or chemical storage.
"City" or "the city" means to the city of Coachella, California. "City engineer" means city engineer for the city of Coachella, or the engineer's designee. "Clean Water Act" means the Federal Water Pollution Control Act, 33 U.S.C. sections 1251-1387. "Compliance schedule" means the time period allowed by the city for a discharger to achieve compliance with the city's stormwater regulations. The "compliance schedule" shall contain specific dates by which adequate treatment facilities, devices, or other related equipment and/or procedures must be installed or implemented. "Construction activity" means any activity used in the process of developing, redeveloping, enhancing, or maintaining land, including but not limited to: land disturbance, building construction, paving and surfacing, storage and disposal of construction related materials. "Contamination" means the same as defined in the Porter-Cologne Water Quality Control Act; "contamination" is an impairment of the quality of waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. "Contamination" includes any equivalent effect resulting from the disposal of waste whether or not waters of the state are affected. "Developer" means a person, firm, corporation, partnership, or association who proposes to develop, develops, or causes to be developed real property except that employees and consultants of such persons or entities, acting in such capacity, are not developers.
"Discharge" means any release, spill, leak, flow or escape of any liquid including sewage, wastewater or stormwater, semi-solid or solid substance onto the land or into the city's stormwater drainage system. "Discharger" means any person, property owner or occupant of a unit, building, premises or lot in the city who discharges, causes, allows, or facilitates any discharge, directly or indirectly, into the city's stormwater drainage system.
"EPA" means the Environmental Protection Agency of the United States of America. "General permit for stormwater discharges from construction activity" means a statewide general NPDES permit that regulates all stormwater discharges associated with construction projects that disturb one acre or more of land or which result in the disturbance of less than one acre, but which are part of a larger common plan of development or sale, as it now exists and may be amended, renewed or reissued. (NPDES Permit No.
CAS000002; Order No. 2009-0009-DWQ).
"General permit for stormwater discharges from industrial activities" means a statewide general NPDES permit that regulates stormwater discharges associated with industrial activities that are listed in 40 CFR 122.26 (b) (14), as it now exists and may be amended, renewed or reissued. (NPDES Permit No. CAS000001; Order No. 97-03- DWQ).
"Hearing officer" means the public works director or any authorized designee, who presides, at the administrative hearings authorized by this chapter and issues final decisions on matters raised therein. "Illegal discharge" means any discharge (or seepage) into the city's stormwater drainage system that is not composed entirely of stormwater except for the discharges authorized pursuant to this chapter. Illegal discharges include the improper disposal of wastes into the stormwater drainage system. "Illicit connection" means any of the following:
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1. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the stormwater drainage system, including but not limited to, any conveyance which allows nonstormwater discharges including sewage, process wastewater and wash water to enter the stormwater drainage system and any connections to the stormwater drainage system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by a government agency;
2. Any drain or conveyance connected to the stormwater drainage system, that is not permitted pursuant to a valid NPDES permit or which has not been documented in plans, maps or equivalent records approved by the city; or
3. Any connection to the city's stormwater drainage system that is prohibited under this chapter or any local, state or federal statute, ordinance, order, or regulation. "National pollutant discharge elimination system (NPDES)" means the EPA's national program under the Clean Water Act to eliminate discharges of pollution into waters of the United States. "New development" means new construction on a previously undisturbed parcel. New development does not include routine maintenance to maintain the original line and grade, hydraulic capacity, or original purpose of a facility, nor does it include emergency new development required to protect public health and safety. "NPDES permit" means any permit issued pursuant to the Federal Clean Water Act. "Notice of intent (NOI)" means a form provided by the state board that is required to be completed and submitted in order to obtain coverage under one of the state's NPDES general stormwater permits prior to the start of certain business activities or construction activities. "Nonstormwater" means any water discharge to the city's stormwater drainage system that does not originate from a precipitation event.
"Nuisance" means any condition described by all of the following:
1. Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.
2. Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
3. Occurs during, or as a result of, the treatment or disposal of wastes. "Permit" means any permit issued by the city.
"Person" means any individual, partnership, committee, entity, association, corporation, public agency, and any other organization, or group of persons public or private; the masculine genders shall include the feminine, the singular shall include the plural where indicated by the context. "pH" means the measure of the hydrogen ion concentration of water and the standard by which the acidity or alkalinity of a water sample is determined.
"Pollutant" means, but is not limited to, any liquid, solid or semi-solid substances or combination thereof, which causes or threatens to cause a nuisance or contributes or threatens to contribute to a condition of contamination or pollution of the city's stormwater runoff, stormwater drainage system or the impairment or degradation of waters of the state, including but not limited to the following:
1. Floatable materials (such as floatable plastics or wood products, and metal shavings, or materials forming films, foam or scum);
2. Household waste (such as trash, cleaners, toxic or hazardous chemicals, yard wastes, animal fecal materials, used oil, coolant, gasoline and other vehicle fluids);
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3. Metals and non-metals, including compounds of metals and non-metals;
4. Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease);
5. Domestic sewage from sewer line overflows, septic tanks, porta-potties, boats and recreational vehicles;
6. Animal wastes (such as wastes from confinement facilities, kennels, pens, stables, and show facilities);
7. Substances having a pH less than 6.5 or greater than 8.5, or unusual coloration, turbidity or odor;
8. Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon;
9. Materials containing base/neutral or acid extractable organic compounds;
10. Waste materials and wastewater generated on construction sites from construction activities (such as painting and staining; use of sealants and glues; use of lime; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, vehicle maintenance, construction equipment washing, concrete pouring and cleanup; use of concrete detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting agents; and chlorinated water from potable line flushing;
11. Those pollutants defined in Section 1362 (6) of the Federal Clean Water Act; and
12. Any other constituent or material, including but not limited to pesticides, herbicides, fertilizers, eroded soils, sediment and particulate materials, in quantities that have been determined by the state or EPA to adversely affect the beneficial uses of waters of the state. "Porter-Cologne Water Quality Control Act" means Division 7 of the California Water Code (commencing with section 13000).
"Public works director" means the public works director of the city of Coachella, or the director's designee. "Redevelopment" means new development on a previously disturbed parcel. Emergency redevelopment activities conducted to maintain original line and grade, hydraulic capacity, or to restore the original purpose of a facility are not included.
"Regional board" means the Colorado River Basin Regional Water Quality Control Board. "Sewage" means the wastewater of the community derived from residential, agricultural, commercial, or industrial sources, including domestic sewage, and industrial wastewater. "SIC (Standard Industrial Classification)" means the statistical classification standard underlying all establishment-based federal economic statistics classified by industry. The standard is published in the SIC Manual, 1987, Office of Management and Budget.
"State board" means the state water resources control board. "Stormwater" means rain water, snowmelt runoff, and associated surface runoff and drainage. "Stormwater drainage system" means all of the property involved in the operation of the stormwater drainage collection and disposal system for the city, including, but not limited to, conduits, natural or artificial drains, channels and watercourses, together with appurtenances, pumping stations and equipment which is tributary to the regional stormwater runoff system.
"Stormwater pollution prevention plan (SWPPP)" means the plan as described in the general construction activity stormwater permit as issued by the state board on August 19, 1999, and as may be amended, or the general industrial activities stormwater permit as issued on April 17, 1997, and as may be amended, which
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specifies BMPs that will prevent pollutants from contacting stormwater and all products of erosion from moving off site into receiving waters.
"Stormwater quality management plan (WQMP)" means a plan required of new development/redevelopment projects, outlining appropriate non-structural and structural BMPs, including stormwater infiltration and treatment devices that will be implemented and installed to prevent pollutants from being discharged into the city's stormwater drainage system, during and after construction. "Violation" means a breach of any provision of this chapter. "Waters of the state" means any surface water or groundwater, including saline waters, within the boundaries of the state.
(Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.040 Administration.
The public works director shall administer, implement and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the public works director, may be delegated by the public works director to persons authorized by the director and in the employ of the city of Coachella. (Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.041 Applicability.
This chapter shall apply to all dischargers, including all residents as well as commercial, industrial and construction enterprises, to the city's stormwater drainage system, and to dischargers outside the city who, by agreement with the city, utilize the city's stormwater drainage system. (Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.042 Notice.
Unless otherwise provided herein, any notice required by this chapter shall be in writing and served in person, by first class, registered or certified mail. Notice shall be deemed to have been given at the time of deposit, postage or prepaid, in a facility regularly serviced by the United States Postal Service. (Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.043 Connections.
A. The discharge or diversion of stormwater or nonstormwater is permissible when the connection to the city's stormwater drainage system is made in accordance with a valid construction permit, approved construction plan, and, if applicable, an NPDES stormwater permit and the discharge is not prohibited under this chapter.
B. It is prohibited to establish, use maintain and/or continue or to permit, cause, or facilitate the establishment, use, maintenance, or continuance of any illicit connection to the city's stormwater drainage system. This prohibition is retroactive and applies to connections made in the past, regardless of whether the connection was made under a permit or other authorization or whether the connection was permissible under the law or practices applicable or prevailing at the time of the connection.
C. Construction permits are required for the construction or modification of any storm drain or conveyor of drainage waters and appurtenant items within:
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1. Dedicated easements, rights-of-way, or public place and/or facility.
2. Private property so as it may directly or indirectly discharge into the city's stormwater drainage system.
Indirect discharges include, but are not limited to, under sidewalk drains, driveway approaches, and unrestricted sheet flow.
(Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.044 Protection of the stormwater drainage system.
Without the prior written approval of the city's engineer, no person shall construct, modify or cause to be constructed or modified any structure, facility or appurtenant items which may alter the normal functioning of the city's stormwater drainage system, including any action which may alter the capacity, fall, or structural integrity of a storm drain, channel or related structures.
(Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.045 Prohibited discharges.
It is prohibited to:
A. Discharge nonstormwater directly or indirectly to the city's stormwater drainage system, or any street, lined or unlined drainage channel which leads to the city's storm drain or directly or indirectly into any waters of the state unless such discharge is authorized by either a separate NPDES permit or as otherwise specified in Section 13.16.046 of this chapter. If such discharge is permitted by a NPDES permit or is generally exempted, but causes the city to violate any portion of its NPDES permits for stormwater discharges, such discharge is also prohibited; B. Discharge stormwater into the city's stormwater drainage system containing pollutants that have not been reduced in compliance with this chapter;
C. Throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, garbage, sediment or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land in the city, so that the same may be and/or may become a pollutant.
D. Throw or deposit any refuse, garbage or any other pollutants into any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the city.
E. Discharge any of the following types of waste into the city's stormwater drainage system:
1. Sewage;
2. Surface cleaning wash water resulting from mopping, rinsing, pressure washing or steam cleaning of gas stations, and vehicle service businesses or any other business;
3. Discharges resulting from the cleaning, repair, or maintenance of any type of equipment, machinery, or facility including motor vehicles, concrete mixing equipment, portable toilet servicing, etc.;
4. Wash water from mobile auto detailing and washing, steam and pressure cleaning, carpet cleaning, drapery and furniture cleaning, etc.;
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5. Waste water from cleaning municipal, industrial, commercial, residential areas (including parking lots), streets, sidewalks, driveways, patios, plazas, work yards and outdoor eating or drinking areas, containing chemicals or detergents and without prior sweeping, etc.;
6. Stormwater runoff from material or waste storage areas containing chemicals, fuels, grease, oil or other hazardous materials or contaminated equipment;
7. Discharges from pool or fountain water containing chlorine, biocides, acids or other chemicals; pool filter backwash containing debris and chlorine;
8. Pet waste, yard waste, debris, sediment, etc.;
9. Restaurant wastes such as grease, mop water, and wash water from cleaning dishes, utensils, laundry, floors, floor mats, trash bins, grease containers, food waste, etc.;
10. Chemicals or chemical waste, including but not limited to, oil, gasoline, diesel fuel, and any other petroleum derivative and toxic chemical;
11. Medical wastes;
12. Blow down or bleed water from cooling towers and boilers, regenerative brine waste from water softeners or reverse osmosis treatment systems;
13. Materials or chemical substances that cause damage to the city's stormwater drainage system;
14. Dredged and fill material;
15. Any other material that causes or contributes or threatens to cause or contribute to a condition of contamination, nuisance or pollution in the city's storm drainage system or causes a violation of any waste disposal regulations, waste discharge requirements, water quality standards or objectives adopted by the state board, regional board, EPA, Riverside County Fire Hazmat, Riverside County Flood Control District or any other public agency with jurisdiction. (Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.046 Exceptions to the prohibited discharges.
A. Unless the city determines any of the following discharges of nonstormwater into the city's storm drainage system constitutes a significant source of pollutants, the following discharges are generally exempt from the prohibited discharges listed in Section 13.16.045 of this chapter.
1. Discharges covered by an NPDES permit or written clearances issued by the regional or state board;
2. Landscape irrigation, lawn watering, and irrigation water;
3. Water from crawl space pumps;
4. Air conditioning condensation;
5. Non-commercial car washing;
6. Rising ground waters and natural springs;
7. Ground water infiltration as defined in 40 CFR 35.2005 (20) and uncontaminated pumped ground water;
8. Water flows from riparian habitats and wetlands;
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9. Water flows generated from emergency response and/or fire fighting activities, however, appropriate BMPs shall be implemented to the extent practicable; BMPs must be implemented to reduce pollutants from non-emergency fire fighting flow;
10. Waters not otherwise containing wastes as defined in California Water Code Section 13050(d),
11. Other types of discharges identified and recommended by the city and approved by the regional board. (Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.047 Compliance with best management practices (BMPs).
Any person undertaking any activity or operation in the city that could potentially cause or contribute to stormwater pollution or a discharge of nonstormwater shall minimize the discharge of pollutants to the stormwater drainage system through the installation, implementation, and maintenance of applicable best management practices (BMPs) consistent with the California Stormwater Best Management Practice Handbooks, or equivalent, the current, Riverside County Stormwater Program's "Report of Waste Discharge," or equivalent, or as required by the public works director.
(Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.049 Spill containment.
Persons storing chemicals or chemical waste outdoors shall be required to install spill containment subject to requirements established by the city engineer/public works director and federal, state and county standards.
Persons storing any other materials or equipment that are potential sources of stormwater pollution are also required to install spill containment. No person shall operate a spill containment system that could allow incompatible materials and/or wastes to mix, thereby creating hazardous or toxic substances in the event of failure of one or more containers.
Spill containment systems shall consist of a system of dikes, walls, barriers, berms and/or other devices designed to contain the spillage of the liquid contents of the containers stored in them and to minimize the buildup of stormwater from precipitation, and run-on from roof drainage and outside areas. If the spill containment system does not have a roof which covers the entire contained area, the spill containment system shall have the capacity to contain precipitation from at least a twenty-four (24) hour, twenty-five (25) year rainfall event plus ten (10) percent of the total volume of the material stored there or the volume of the largest container, whichever is greater. Spill containment systems shall also be constructed of impermeable and non-reactive materials to the materials and/or wastes being contained.
Spilled and/or leaked materials and/or wastes and any accumulated precipitation shall be removed from the spill containment system in as timely a manner as is necessary to prevent the overflow of the spill containment system. Unless otherwise approved by the city engineer/public works director, all chemicals or wastes discharged within the spill containment system shall be disposed of in accordance with all applicable federal, state, and local rules, regulations, and laws, and shall not be discharged into the city's sanitary sewer system, stormwater drainage system or onto the ground.
(Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.050 Immediate notification of accidental discharge.
Protection of the city's stormwater drainage system from the accidental discharge of prohibited materials or wastes is the responsibility of the person or persons in charge of such material. Detailed plans showing facilities
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and operating procedures to provide this protection shall be submitted to the city for review, and shall be approved by the city engineer/public works director prior to any construction. All new and existing industrial and commercial dischargers, all persons in charge of any new or redevelopment project, and any person designated by the public works director shall complete such a plan. Review and approval of such plans and operating procedures shall not relieve the discharger from the responsibility to modify a facility as necessary to meet the requirements of this chapter.
A notice shall be permanently posted in a prominent place advising employees whom to contact in the event of an accidental discharge. Employers shall ensure that all employees are advised of the emergency notification procedures. In the event of an accidental discharge, it is the responsibility of the discharger to immediately telephone and notify the proper authorities.
All discharges released into the city's stormwater drainage system, including a street or gutter, shall be immediately reported to the city's public works department and fire department. All discharges that pose a threat to human health or the environment shall be reported to the executive officer of the regional board within twentyfour (24) hours by telephone or e-mail and followed with a written report of the spill event within five days. At a minimum, all sewage spills and all reportable quantities of hazardous materials or hazardous waste shall be reported to the public works director within twenty-four (24) hours. (Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.016.051 Written notification of accidental discharge.
Within five working days following an accidental illegal discharge into the city's stormwater drainage system, the person or persons in charge of the material and/or waste which was illegally discharged shall submit a written report to the public works director. The report shall describe in detail the type and volume of the material and/or waste and the cause of the discharge. The report shall also describe in detail all corrective actions taken and measures to be taken to prevent future occurrences.
Such notification of the illegal discharge shall not relieve the user of any fines or civil penalties incurred as a result of the event or any other liability which may be imposed by this chapter or other applicable laws. (Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.052 Authority to inspect.
A. The public works director and any designated representatives shall be authorized, at any reasonable time, to enter the premises of any discharger to the city's stormwater drainage system to determine compliance with the provisions of this chapter, and to:
1. Conduct inspection, sampling, monitoring, and other duties to enforce the provisions of this chapter;
2. Review any records, reports, test results or other information required to enforce the provisions of this chapter. Such review may include the necessity to photograph, videotape, or copy any applicable information; and
3. Inspect any chemicals, materials, wastes, storage areas, storage containers, and waste generating processes, treatment facilities, and discharge locations. Such inspection may include the necessity to photograph or videotape any applicable chemicals, materials, wastes, storage areas, storage containers, waste generating processes, treatment facilities, and discharge locations.
B. The public works director and any designated representatives shall provide adequate identification when entering the premises of any discharger. If such entry is refused or cannot be obtained, the public works
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director shall have recourse to every remedy provided by law to secure lawful entry and inspection of the premises.
C. If the public works director has reasonable cause to believe that nonstormwater discharge conditions on or emanating from the premises are of a nature so as to require immediate inspection to safeguard public health or safety, the public works director shall have the right to immediately enter and inspect said property and may use any reasonable means required to effect such entry and make such inspection, regardless if said property is occupied or unoccupied and regardless if formal permission to inspect said property has been obtained.
D. Where a discharger has instituted security measures requiring proper identification and clearance before entry onto the premises, the discharger shall make all necessary arrangements with its security agents in order that, upon presentation of such identification, the public works director or any authorized designated representative(s) shall be permitted to enter the premises without delay, for the purpose of performing their authorized duties. For facilities, which require special clearances to conduct inspections, it shall be the responsibility of the discharger to obtain all necessary clearances on behalf of the city so that the inspection is not impaired.
(Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.140 Prohibited discharges.
In addition to the general prohibitions in Section 13.16.045 of this chapter, it is prohibited to discharge any of the following to any street, gutter, alley, sidewalk, storm drain inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land in the city, so that the same may be and/or may become a pollutant:
A. Animal waste, soil, leaves, plant and tree cuttings, grass clippings, weeds, dead trees, fertilizer, soil amendments or mulch, and pesticides;
B. Concrete or cement waste, brick and tile work wastes, plaster and drywall tool cleanup water, waste paint or painting cleanup water, asphalt or asphalt cleanup solvents or slurry from saw cutting concrete or asphalt and other construction waste;
C. Domestic sewage including wastewater from sinks, washing machines, dishwashers, toilets, campers, motorhomes or trailers;
D. Chemicals, degreasers, bleach, steam cleaning or pressure washing wastewater; E. Motor oil, antifreeze, gasoline, diesel, kerosene, solvents, battery acid, brake fluid, transmission fluid, power steering fluid, engine cleaning compounds, engine or parts cleaning washwater or rinsewater and any other vehicular fluids;
F. Water softener brine waste, or any other waste water from other household water treatment systems; G. Waste water from draining swimming pools, ponds or fountains which contain chlorine biocides, acids or other chemicals, pool filter backwash containing debris and chlorine; H. Discharges from acid cleaning of swimming pools, ponds or fountains or filter cleaning from the same; I. Any other material that causes or contributes or threatens to cause or contribute to a condition of contamination, nuisance or pollution in the city's storm drainage system or causes a violation of any waste disposal regulations, waste discharge requirements, water quality standards or objectives adopted by the state board, regional board.
(Ord. No. 1057, § 5(Exh. D), 10-23-13)
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13.16.141 Responsibility for illegal discharge of prohibited substances.
The property owner(s) of a lot or parcel from which an illegal discharge originates shall be ultimately responsible for all abatement and cleanup costs associated with an illegal discharge, if the responsible party cannot be located. Likewise, if the tenant of a multi-family residential unit has discharged a prohibited material or waste into the city's storm drainage system or has caused the contamination of stormwater runoff from the property, and the public works director cannot determine the responsible party or residential unit responsible, the owner of the property from which the discharge originated, shall be responsible for the cleanup and abatement costs to mitigate the condition. Additionally, a property owner will be responsible for all cleanup costs and damages to the city's storm drainage system from a contractor's activities, if the contractor was hired by the owner and cannot be located.
(Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.142 Maintenance of private residential storm drainage systems.
A. All private residential storm drainage inlets, underdrains and gutters shall be inspected annually and cleaned prior to the beginning of the rainy season if there is evidence of one or more of the following conditions:
1. The sediment/debris storage volume is twenty-five (25) percent or more full;
2. There is evidence of illegal discharge;
3. Accumulated sediment or debris impairs the hydraulic function of the facility.
B. Private streets shall also be swept and maintained as needed to prevent sediment, gardening waste, trash, litter and other contaminants from entering the city's storm drainage system. (Ord. No. 1057, § 5(Exh. D), 10-23-13)
Industrial and Commercial Requirements
13.16.240. Nonstormwater discharges.
All nonstormwater discharges associated with industrial and commercial activities that discharge into the city's stormwater drainage system are prohibited except as permitted by an individual user's NPDES stormwater permit or Section 13.16.046 of this chapter.
(Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.241 General permit for stormwater discharges from industrial activities.
A. All facilities described in 40 CFR 122.26(b)(14)(i)-(xi) must obtain coverage under the state's general permit for discharges of stormwater associated with industrial activities, at least fourteen (14) days prior to the startup of business activities. All listed businesses are required to submit a completed notice of intent (NOI) form, site map and application fee to the state board. The state board also requires the listed businesses to prepare a stormwater pollution prevention plan (SWPPP), retain a copy of the SWPPP on site and comply with all the requirements of the general permit. Copies of the NOI form are available from the public works department, environmental section.
B. Prior to receiving a business license or certificate of occupancy, all businesses that have filed an NOI for coverage under the state's general permit and have received a waste discharge identification number (WDID)
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from the state board, must either mail, fax or hand deliver a copy of the WDID letter from the state to the public works department, environmental section as proof of filing. (Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.242 Conditional category—Notice of nonapplicability.
A. Businesses who own or operate facilities described in 40 CFR 122.26(b)(14)(xi) may prepare a "notice of nonapplicability" in lieu of an NOI if they can certify on this form provided by the state board that there is no manufacturing process, material, equipment or product storage outside in an area that is exposed to stormwater runoff. The "notice of nonapplicability" must document all of the following:
1. All prohibited nonstormwater discharges have been eliminated or otherwise permitted;
2. All significant materials related to industrial activity (including waste materials) are not exposed to stormwater or authorized nonstormwater discharges;
3. All industrial activities and industrial equipment are not exposed to stormwater or authorized nonstormwater discharges;
4. There is no exposure of stormwater to significant materials associated with industrial activity through other direct or indirect pathways such as from industrial activities that generate dust and particulates.
B. Businesses in this category are required to submit the notice of nonapplicability to the local office of the regional board and are required to maintain the above documentation on-site at all times. They are also required to reevaluate and recertify once a year that the conditions above are continuously met. Copies of the "notice of nonapplicability" form are available from the city's public works department, environmental section.
(Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.243 Best management practices (BMPs).
A. All businesses, regardless of permit status, shall implement all applicable BMPs, consistent with the California Stormwater Best Management Practice Handbooks, or equivalent, the current Riverside County Stormwater Program's Report of Waste Discharge, or equivalent, or as required by the city, to reduce pollutants in stormwater runoff and reduce nonstormwater discharges to the city's stormwater drainage system in compliance with this chapter. All structural controls shall be maintained to effectively prevent pollutants from contacting stormwater or remove pollutants from stormwater runoff. Maintenance records for structural and treatment devices, including waste hauling receipts shall be kept for a period of five years and made available to the city's inspector, upon request.
B. If structural or treatment controls are not functioning as designed or are not effective in reducing stormwater pollutants or nonstormwater discharges in compliance with this chapter, the city may require that the control device be repaired, rebuilt or replaced. (Ord. No. 1057, § 5(Exh. D), 10-23-13)
Construction, New and Redevelopment
Requirements
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13.16.340 Stormwater quality management Plan (WQMP) and BMPs.
A. Plan Review and BMPs. The city will review project plans and impose terms, conditions, and requirements on the project to ensure compliance with this chapter, including but not limited to required BMPs. If a project will be approved without application for a building or grading permit, the city will review project plans and impose terms, conditions, and requirements prior to project approval.
B. WQMP. Prior to the issuance of any grading or building permit, all qualifying new and redevelopment projects must submit and have approved a water quality management plan (WQMP) to the city engineer on a form provided by the city. The WQMP shall identify all BMPs that will be incorporated into the project to control stormwater and nonstormwater pollutants during and after construction and shall be revised as necessary during the life of the project. The WQMP submittal applies to construction projects covered by the general permit for stormwater discharges from construction activity, as well as to construction projects less than one acre. Qualifying new and redevelopment projects include:
1. Home subdivisions of ten (10) units or more. This includes single family residences, multi-family residences, condominiums, apartments, etc.;
2. Commercial developments of one hundred thousand (100,000) square feet or more. This includes nonresidential developments such as hospitals, educational institutions, recreational facilities, minimalls, hotels, office buildings, warehouses, and light industrial facilities;
3. Vehicle maintenance shops (SIC codes 5013, 5014, 5541, 7532-7534, 7536-7539);
4. Food service businesses developing five thousand (5,000) square feet or more of land area;
5. All hillside developments that create ten thousand (10,000) square feet or more of impervious area, which are located on areas with known erosive soil conditions or where the natural slope is twenty-five (25) percent or more, including single family hillside residences that create ten thousand (10,000) square feet or more of impervious area where the natural slope is ten (10) percent or greater or where erosive soil conditions exist;
6. Developments of two thousand five hundred (2,500) square feet of impervious surface or more adjacent to (within two hundred (200) feet) or discharging directly into environmentally sensitive areas such as areas designated in the ocean plan as areas of special biological significance or water bodies listed on the CWA Section 303(d) list of impaired waters;
7. Parking lots of twenty-five (25) spaces or five thousand (5,000) square feet or more exposed to stormwater. "Parking lot" is defined as land area or facility for the temporary storage of motor vehicles;
8. All retail gasoline outlets and restaurants disturbing more than five thousand (5,000) square feet;
9. All redevelopment projects adding five thousand (5,000) square feet or more of impervious surface on an already developed site. This includes additional buildings and/or structures, extension of an already existing building footprint and construction of parking lots, etc. (Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.341 General permit for stormwater discharges from construction activity.
A. Any developer or owner engaging in construction activities which disturb one acre or more of land shall apply for coverage under the general permit for stormwater discharges from construction activity with the state board. Any developer or owner engaging in construction activities which disturb less than one acre but which area is part of a larger common plan of development or sale that is greater than one acre must also
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apply for coverage under the general permit for stormwater discharges from construction activity with the state board.
B. Prior to obtaining any city-issued grading and or construction permits the developer or owner shall provide evidence of compliance with the general permit for stormwater discharges from construction activity by providing a copy of the waste discharger's identification number (WDID) to the city's public works department.
(Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.342 Nonstormwater discharges.
A. Discharges of nonstormwater from construction activities are generally prohibited except for those discharges listed in Section 13.16.046 of this chapter or any discharges authorized by the city engineer or the regional board.
B. All construction site operators must control all waste from construction sites, such as discarded building materials, concrete truck wash out, chemicals, litter, and sanitary waste, which may cause an adverse impact on water quality.
(Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.343 Nonstormwater discharge reporting requirements.
Authorized nonstormwater discharges under Section 13.16.342 shall be reported to the public works director at least five days prior to a planned discharge. Unplanned discharges of nonstormwater into the city's storm drainage system shall be reported as soon as possible and before any discharge is initiated. The city's public works department, environmental section will provide a "nonstormwater discharge notification form" for any developer that is proposing to discharge any nonstormwater from a construction site. The nonstormwater discharge notification form must be submitted to the public works department, environmental section, for these discharges, at least five days prior to any planned discharge or as soon as possible for any unplanned discharge. Monitoring may also be required for these discharges. If the city provided form is not utilized, a report must be submitted to the public words director prior to the discharge, which includes the following information:
1. Date, time, and location of proposed discharge;
2. Type of proposed discharge;
3. Estimated average and maximum daily flow rate;
4. Frequency and duration of discharge;
5. A description of the proposed treatment system (if appropriate);
6. A description of the path from the point of discharge to the nearest storm drain inlet. All discharges shall be monitored daily for flow volume and shall be recorded in a daily log by the person responsible for the discharge. Discharges shall also be sampled during the first thirty (30) minutes of each discharge and weekly thereafter for continuous discharges for chlorine and total suspended solids. Monitoring data for flow, chlorine and suspended solids and any other required constituents shall be reported to the city's public works department, environmental section on a weekly basis. (Ord. No. 1057, § 5(Exh. D), 10-23-13)
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13.16.344 Best management practices.
All construction projects which could potentially have an adverse impact on the city's stormwater drainage system or waters of the state shall install and/or implement appropriate construction and post- construction BMPs, as listed in their WQMP or the "California Stormwater Best Management Practice Handbook," or as may be required by the city, to comply with the requirements of this chapter. (Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.345 WQMP transfer, access, and maintenance agreement.
A. The city manager or any authorized designee is authorized to sign all water quality management plan access, transfer and maintenance agreement documents entered into by the city with project proponents for the ongoing and long-term maintenance of all approved stormwater treatment devices, structures and administrative policies designed to minimize the detrimental effects of new development projects on receiving waters, including effects caused by increased pollutant loads and changes in hydrology.
B. The public works director may require the owner of any new or redevelopment project listed in Section
13.16.340(b) to enter into an agreement for the operation and maintenance of any post-construction control measure and to record such agreement with the county recorder's office. The signature of the owner of the property is sufficient for recording this document. A signature from the city is not required for recording. (Ord. No. 1057, § 5(Exh. D), 10-23-13)
Administrative Enforcement Remedies
13.16.440 Notice of correction (NOC).
Whenever the public works director or any authorized designee finds that any discharger has the potential to violate or has already violated any prohibition, limitation or requirement contained in this chapter, any NPDES stormwater permit or the basin plan, the city may serve upon such person a written notice of correction stating the nature of the violation and the necessary actions that must be implemented to correct the situation. The notice of correction shall set forth a time period by which the problem must be corrected and the penalties for noncompliance.
(Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.441 Notice of violation.
When the public works director or any authorized designee finds that any discharger has failed to comply with a notice of correction or has violated or continues to violate any prohibition, limitation or requirement contained in this chapter, any NPDES stormwater permit or the basin plan, the city may serve upon such person a written notice of violation stating the nature of the violation and the penalties for noncompliance. At a minimum, the notice of violation shall require that the discharger submit to the public works director, within a time period specified in the notice, a plan indicating the cause of the violation and corrective actions which will be taken to prevent recurrence. A discharger shall be guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted by the discharger. Pursuant to California Government Code Sections 53069.4 and 36900(b) the following violation assessments will apply to the issuance of a notice of violation by the public works director or any authorized representative:
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1. A first notice of violation shall be issued for a first violation of this chapter and shall be punishable by a fine not exceeding one hundred dollars ($100.00);
2. A second notice of violation shall be issued for a second violation of this same ordinance within one year and shall be punishable by a fine not exceeding two hundred dollars ($200.00);
3. A third notice of violation shall be issued for a third violation of this same ordinance within one year and shall be punishable by a fine not exceeding five hundred dollars ($500.00). Each additional violation of the same ordinance within one year shall also be punishable by a fine of five hundred dollars ($500.00).
(Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.442 Administrative orders.
The public works director may require compliance with any prohibition, limitation or requirement contained in this chapter, any NPDES stormwater permit or the basin plan, by issuing an administrative order, enforceable in a court of law or by directly seeking court action. Administrative orders may include compliance orders, stop work orders, cease and desist orders, termination of service orders and immediate termination of service orders.
A. Compliance orders. The public works director or any authorized designee may issue a compliance order to any discharger who fails to correct a violation of this chapter, any NPDES stormwater permit or the basin plan. The order shall be in writing, specify the violation(s) and require appropriate compliance measures within a specified time period. The compliance order may include the following terms and requirements:
1. Specific steps and time schedules for compliance as reasonably necessary to eliminate an existing prohibited discharge or illegal connection or to prevent the imminent threat of a prohibited discharge;
2. Specific requirements for containment, cleanup, removal, storage, installation of overhead covering or proper disposal of any pollutant having the potential to contact stormwater runoff;
3. Installation of stormwater treatment devices, containment structures, wash racks and addition and removal of stormwater drains;
4. Any other terms or requirements reasonably calculated to prevent imminent threat of or continuing violations of this chapter, including, but not limited to requirements for compliance with best management practices guidance documents promulgated by any federal, state or regional agency.
The public works director or any authorized designee may adopt a proposed compliance schedule submitted by the user or may adopt a revised compliance schedule if the proposed compliance schedule would allow the user to cause harm to the receiving waters and/or the city's storm drainage system.
A compliance order shall require the discharger to pay a one-thousand-dollar penalty fee to the city for the issuance thereof.
B. Stop work order. The public works director, city engineer or building official may serve a written stop work order on any person engaged in doing or causing to be done, new construction, tenant improvements, alterations or additions, if:
1. No construction permit has been granted by the city;
2. Work has begun prior to the submittal of a written WQMP and subsequent approval by the city engineer or any authorized designee; or,
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3. Violations of this article are found at the site of the new construction, tenant improvements, alterations or additions.
Any person served a stop work order shall stop such work immediately until written authorization to continue is received from the public works director, city engineer or building official. a stop work order shall require the discharger to pay a one-thousand-dollar penalty fee to the city for the issuance thereof.
C. Cease and desist order. When the public works director or any authorized designee finds that any discharger has violated or threatens to violate any prohibition, limitation or requirement contained in this chapter, any NPDES stormwater permit or the basin plan, or NPDES stormwater permit, the city may issue a cease and desist order directing the discharger to:
1. Immediately discontinue any illicit connection or prohibited discharge to the city's stormwater drainage system;
2. Immediately contain or divert any flow of water off the property, where the flow is occurring in violation of any provision of this chapter; and
3. Immediately discontinue any other violation of this chapter.
A cease and desist order shall require the discharger to pay a one-thousand-dollar penalty fee to the city for the issuance thereof.
D. Termination of service. When the public works director, city engineer, or any authorized designee finds any discharger who has a direct connection into the city's stormwater drainage system or has violated an administrative order, the city engineer may terminate storm drain service to the discharger. The discharger shall be liable for all costs for termination of storm drain service incurred by the city. This provision is in addition to any other statues, rules or regulations authorizing termination of service for delinquency payment or for any other reasons. Storm drain service shall be reinstituted by the city engineer after the discharger has complied with all the provisions of the administrative order. The discharger shall also be liable for all costs for reinstituting storm drain service.
E. Immediate termination of service. The city engineer may immediately suspend storm drain service and any nonstormwater discharge permit when such suspension is necessary, in the opinion of the city engineer, to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, or which significantly or could significantly cause pollution to the receiving waters, ground and/or storm drainage system of the city. Any discharger notified that their storm drain service has been suspended shall immediately cease and eliminate the discharge into the city stormwater drainage system.
In the event of failure to comply voluntarily with the termination of service order, the city engineer shall take appropriate steps, including immediate severance of all applicable storm drain connections. All persons responsible for a discharge that may endanger the health or welfare of the community or the environment shall be liable for all costs incurred by the city in terminating storm drain service. Storm drain service shall be reinstituted by the city engineer after the actual or threatened discharge has been eliminated. A detailed written statement, submitted by the discharger, describing the cause of the harmful contribution and the measures to prevent any future occurrence, shall be submitted to the city engineer within ten (10) working days of the date of storm drain service termination. (Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.443 Administrative hearing.
A. Any discharger may request, or the public works director may order, an administrative hearing, at which time, a discharger who causes or allows, or who has caused or allowed, an unauthorized discharge to enter
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into the city's stormwater drainage system or who continues to allow a violation of this chapter to exist, may show cause why a proposed enforcement action should not be taken against him. The city manager, or the city manager's designee, shall preside over the administrative hearing, at which time each party, including the discharger and the public works director or any authorized designee, shall have the right to present evidence.
B. A notice of hearing shall be served on the discharger specifying the time and place of the hearing and referencing the specific violation of this chapter, the reasons why the action is to be taken and the proposed enforcement action, directing the discharger to show cause before the hearing officer why the proposed enforcement action should not be taken. The notice of hearing shall be served personally or by registered or certified mail, return receipt requested at least ten (10) working days prior to the hearing. Service of the notice of hearing may be made on any agent or officer of the discharger. (Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.444 Administrative civil penalties.
A. Pursuant to California Government Code §§ 54739 and 54740.5, the public works director may issue an administrative complaint to any person who violates this chapter, any prohibition or limitation thereof or any compliance order, cease and desist order, stop work order or injunction. The administrative complaint shall allege the act or failure to act that constitutes the violation, the proposed civil penalty, and the authority under which it is imposed.
B. The administrative complaint, served on the alleged violator by personal delivery or by certified mail, shall inform the person served that a hearing before the public works director shall be conducted within sixty (60) days of the service of the complaint. The right to a hearing may be waived by the person who has been issued the administrative complaint, in which case the city shall not conduct a hearing. A person dissatisfied with the decision of the public works director may appeal to the city council of the city of Coachella within thirty (30) days of notice of the director's decision.
C. If after the hearing, or appeal, if any, it is found that the person has violated reporting or discharge requirements, the public works director or city council may assess a civil penalty against that person. In determining the amount of the civil penalty, the public works director or city council may take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occurs and corrective action, if any, attempted or taken by the discharger.
D. Civil penalties may be assessed as follows:
1. In an amount which shall not exceed three thousand dollars ($3,000) for each day for failing or refusing to timely comply with any compliance order established by the city;
2. In an amount which shall not exceed five thousand dollars ($5,000) per violation for each day of discharge in violation of any discharge limitation, area-wide urban runoff permit condition, or requirement issued, reissued or adopted by the city;
3. In an amount which shall not exceed ten dollars ($10.00) per gallon for discharges in violation of any stop work order, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the city.
4. The amount of any civil penalties imposed under this section which have remained delinquent for a period of sixty (60) days shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of the civil penalty. The lien provided herein shall
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have no force and effect until recorded with the county recorder and when recorded shall have the force and effect and priority of a judgment lien and continue for ten (10) years from the time of recording unless sooner released, and shall be renewable in accordance with the provisions of California Code of Civil Procedure §§ 683.110 to 683.220, inclusive.
5. All monies collected under this section shall be deposited in a special account of the city and shall be made available for the monitoring, treatment, and control of discharges into the city's storm drainage system or for other mitigation measures.
E. Unless appealed, an order imposing administrative civil penalties shall become effective and final upon issuance thereof, and payment shall become due within thirty (30) days of issuance of an invoice by the city of Coachella. Copies of these orders shall be served by personal service or by registered mail upon the party served with the administrative complaint and upon other persons who appeared at the hearing and requested a copy.
F. The city may, at its option, elect to petition the superior court to confirm any order establishing civil penalties and enter judgment in conformity therewith in accordance with the provisions of California Code of Civil Procedure §§ 1285 to 1287.6, inclusive.
(Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.445 Compensation for damages.
Any person who damages monitoring equipment, has the potential to affect or affects human health or the environment, discharges pollutants into the city's storm drainage system which causes or has the potential to cause increased maintenance of the system, non-routine inspection or sampling of the system, system blockages or other damage or interference in the city's stormwater drainage system, or causes any other damages, including the imposition of fines or penalties on the city by federal, state or local regulatory agencies, shall be liable to the city for all damages and additional costs, including fines and penalties. An administrative fee, which shall be fixed by the city manager based on the city's current overhead cost allocation percentage, shall be added to these charges and shall be payable to the city within thirty (30) calendar days of invoicing. (Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.446 Appeals.
Any decision of the public works director may be appealed. An appeal must be initiated within ten (10) working days after receipt of the notice of any decision or action by filing, with the public works director, a letter of appeal briefly stating therein the basis for such appeal. The hearing on appeal shall be held on a date no more than fifteen (15) working days after receipt of the letter of appeal. The appellant shall be given at least five working days notice of the time and place of the hearing. The city manager, or the city manager's designee, shall provide the appellant and any other interested party the reasonable opportunity to be heard and in order to show cause why the determination of public works director should not be upheld. Within forty-five (45) working days of the hearing, the city manager, or the city manager's designee, shall make a written decision regarding the appeal. The decision of the city manager, or the city manager's designee, shall be final. The imposition of fines or penalties shall be stayed during the appeal period unless the public works director determines that such a stay would threaten the public safety, health or welfare.
(Ord. No. 1057, § 5(Exh. D), 10-23-13)
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13.16.447 Violations deemed a public nuisance.
A. In addition to the penalties established by this chapter, any violation of this chapter and any threat to public health, safety or welfare is declared and deemed a public nuisance. Such public nuisance may be summarily abated and/or remedied by the public works director, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the city attorney.
B. The cost of such abatement, remediation and/or restoration shall be borne by the owner, lessee or tenant of the property causing the violation. The cost thereof shall be a lien upon and against the property and such lien shall continue in existence until the same shall be paid. (Ord. No. 1057, § 5(Exh. D), 10-23-13)
Judicial Enforcement Remedies
13.16.540 Legal action.
A. The city attorney may commence an action for appropriate legal, equitable or injunctive relief in the municipal or superior court of the county against any person who has violated or continues to violate any provision of this chapter, the basin plan, federal or state discharge standards or permit conditions, or who violates the requirements of any administrative order.
B. In addition to the penalties provided in this chapter, the public works director may recover all reasonable attorney fees, court costs, court reporter's fees, expenses of litigation by appropriate suit of law against the person(s) found to have violated any provision of this chapter or the orders, rules, regulations and permits issued thereunder and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city of Coachella. (Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.541 Civil penalties.
A. Persons who continue to violate any provision of this chapter shall be liable to the city for a maximum civil penalty of twenty-five thousand dollars ($25,000.00) but not less than three thousand dollars ($3,000.00) per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
B. In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the discharger's violation, corrective actions by the discharger, the compliance history of the discharger, and any factor as justice requires.
C. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for taking any other action against a discharger. The city may institute further legal action to collect such penalties in the event that the violator of this chapter fails or refuses to pay said penalty within thirty (30) days from the date that it has been assessed.
(Ord. No. 1057, § 5(Exh. D), 10-23-13)
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13.16.542 Criminal prosecution.
A. Any person who willfully or negligently violates any provision of this chapter or permit conditions, or who violates any administrative order or any other provision of this chapter is guilty of a misdemeanor, which, upon conviction, is punishable by a fine of not less than three thousand dollars ($3,000.00) and/or by imprisonment for a period of not more than six (6) months. Each such person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provisions of this chapter is committed, continued or permitted by such discharger, and shall be punishable therefore as provided by this section.
B. Any person who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, stormwater permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance shall, upon conviction, be punished by a fine of not less than three thousand dollars ($3,000.00) per day of violation or by imprisonment or by both.
(Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.543 Falsifying information.
Any person who knowingly makes any false statement, representation, record, report, plan or other document filed with the city, or who falsifies, tampers with or knowingly renders inaccurate monitoring devices or methods required under this chapter, shall have violated this chapter and shall be guilty of a misdemeanor. (Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.544 Remedies nonexclusive.
Each remedy for the enforcement of this chapter is nonexclusive, and the city may seek cumulative remedies, except that multiple monetary fines or penalties may not be imposed for any single violation of this chapter.
(Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.545 Consecutive violations.
Each day in which a violation of this chapter occurs and each separate failure to comply with any enforcement order issued pursuant to this chapter is a separate violation, separately punishable. (Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.640 Business inspection fees.
Business inspection fees in an amount established by the city council shall be collected for those businesses requiring regular compliance inspections under the areawide urban stormwater run-off permit. Affected businesses shall include industrial businesses subject to the California statewide general NPDES permit for stormwater discharges associated with industrial activities, commercial businesses listed in the areawide urban stormwater run-off permit and other industrial and commercial sites/sources that the city determines may contribute a significant pollutant load to the municipal separate storm sewer system. The inspection fee shall pay
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for inspection time including the preparation of inspection reports, review of written stormwater pollution prevention plans, stormwater runoff sampling activities, enforcement response and follow-up as needed. The inspection fees may be adopted by ordinance or resolution and shall be subject to periodic review and revision by ordinance resolution, as part of the city's updated and modified schedule of service fees, inspection fees and processing fees.
(Ord. No. 1057, § 5(Exh. D), 10-23-13)
General Clauses
13.16.740 Severability.
If any provisions, paragraph, word, section or article of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraph, words, sections, and other chapters, shall not be affected and shall continue in full force and effect.
(Ord. No. 1057, § 5(Exh. D), 10-23-13)
13.16.741 City's right of revision.
The city council may establish by ordinance and/or resolution more stringent limitations and requirements related to discharges into the city's stormwater drainage system, if deemed necessary. (Ord. No. 1057, § 5(Exh. D), 10-23-13)
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Appendix F
Updated Sewer Collection System Map
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COACHELLA SANITARY DISTRICT MAJOR SEWER SYSTEM ASSETS
"6
"6
"6
&3
0 1 2
Miles
&3 WWTP
"6 Lift Stations
Manholes
DIAMETER
Unknown
4 6
8 10
12 15
18 21
24 42
54 Force Mains
Coachella Sanitary District Boundary
n
Source: Coachella Sanitary District GIS
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Appendix G
Notification Requirements
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Appendix G Notification Requirements
G Notification Requirements
G-1 Notification of Spills of 1,000 Galloons or Greater to the California Office of Emergency Services
Per Water Code section 13271, for a spill that discharges in or on any waters of the State, or discharges or is deposited where it is, or probably will be, discharged in or on any waters of the State, the District shall notify the California Office of Emergency Services and obtain a California Office of Emergency Services Control Number as soon as possible but no later than two (2) hours after:
• The District has knowledge of the spill; and
• Notification can be provided without substantially impeding cleanup or other emergency measures.
The notification requirements in this section apply to individual spills of 1,000 gallons or greater, from a Districtowned and/or operated laterals, to a water of the State.
The control number must be referred to in all communication, oral and written.
G-2 Spill Notification Information
The District shall provide the following spill information to the California Office of Emergency Services before receiving a Control Number, as applicable:
• Name and phone number of the person notifying the California Office of Emergency Services; • Estimated spill volume (gallons);
• Estimated spill rate from the system (gallons per minute); • Estimated discharge rate (gallons per minute) directly into waters of the State or indirectly into a drainage conveyance system;
• Spill incident description:
o Brief narrative of the spill event, and
o Spill incident location (address, District, and zip code) and closest cross streets and/or landmarks; • Name and phone number of contact person on-scene;
• Date and time the District was informed of the spill event; • Name of sanitary sewer system causing the spill;
• Spill cause or suspected cause (if known);
• Amount of spill contained;
• Name of receiving water body receiving or potentially receiving discharge; and • Description of water body impact and/ or potential impact to beneficial uses.
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Appendix G Notification Requirements
G-3 Notification of Spill Report Updates
Following the initial notification to the California Office of Emergency Services and until such time that the District certifies the spill report in the online CIWQS Sanitary Sewer System Database, the District shall provide updates to the California Office of Emergency Services regarding substantial changes to:
• Estimated spill volume (increase or decrease in gallons initially estimated); • Estimated discharge volume discharged directly into waters of the State or indirectly into a drainage conveyance system (increase or decrease in gallons initially estimated); and • Additional impact(s) to the receiving water(s) and beneficial uses.
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Appendix H
Reporting Requirements
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Appendix H Reporting Requirements
H Reporting Requirements
All reporting required in the General Order must be submitted electronically to the online CIWQS Sanitary Sewer System Database (https://ciwqs.waterboards.ca.gov), unless specified otherwise in the General Order. Electronic reporting may solely be conducted by a Legally Responsible Official or Data Submitter(s) previously designated by the Legally Responsible Official, as required in section 5.8 (Designation of Data Submitters) of the General Order.
The District shall report any information that is protected by the Homeland Security Act, by email to [email protected], with a brief explanation of the protection provided by the Homeland Security Act for the subject report to be protected from unauthorized disclosure and/or public access, and for official Water Board regulatory purposes only.
H-1 Reporting Requirements for Individual Category 1
Spill Reporting
G-1-1 Draft Spill Report for Category 1 Spills
Within three (3) business days of the District’s knowledge of a Category 1 spill, the District shall submit a Draft Spill Report to the online CIWQS Sanitary Sewer System Database.
The Draft Spill Report must, at minimum, include the following items:
3. Contact information: Name and telephone number of District contact person to respond to spill-specific questions;
4. Spill location name;
5. Date and time the District was notified of, or self-discovered, the spill;
6. Operator’s arrival time;
7. Estimated spill start date and time;
8. Date and time the District notified the California Office of Emergency Services, and the assigned control number;
9. Description, photographs, and GPS coordinates of the system location where the spill originated; If a single spill event results in multiple appearance points, provide GPS coordinates for the appearance point closest to the failure point and describe each additional appearance point in the spill appearance point explanation field;
10. Estimated total spill volume exiting the system;
11. Description and photographs of the extent of the spill and spill boundaries;
12. Did the spill reach a drainage conveyance system? If Yes:
Description of the drainage conveyance system transporting the spill; Photographs of the drainage conveyance system entry location(s); Estimated spill volume fully recovered from the drainage conveyance system; Estimated spill volume remaining within the drainage conveyance system;
13. Description and photographs of all discharge point(s) into the surface water;
14. Estimated spill volume that discharged to surface waters; and
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Appendix H Reporting Requirements
15. Estimated total spill volume recovered.
H-1-2 Certified Spill Report for Category 1 Spills
Within 15 calendar days of the spill end date, the District shall submit a Certified Spill Report for Category 1 spills, to the online CIWQS Sanitary Sewer System Database.
Upon completion of the Certified Spill Report, the online CIWQS Sanitary Sewer System Database will issue a final spill event identification number.
The Certified Spill Report must, at minimum, include the following mandatory information in addition to all information in the Draft Spill Report per section F-1-1 (Draft Spill Report for Category 1 Spills) above:
1. Description of the spill event destination(s), including GPS coordinates if available, that represent the full spread and reach of the spill;
2. Spill end date and time;
3. Description of how the spill volume estimations were calculated, including at a minimum:
The methodology, assumptions and type of data relied upon, such as supervisory control and data acquisition (SCADA) records, flow monitoring or other telemetry information used to estimate the volume of the spill discharged, and the volume of the spill recovered (if any volume of the spill was recovered), and
The methodology(ies), assumptions and type of data relied upon for estimations of the spill start time and the spill end time;
4. Spill cause(s) (for example, root intrusion, grease deposition, etc.);
5. System failure location (for example, main, lateral, pump station, etc.);
6. Description of the pipe material, and estimated age of the pipe material, at the failure location;
7. Description of the impact of the spill;
8. Whether or not the spill was associated with a storm event;
9. Description of spill response activities including description of immediate spill containment and cleanup efforts;
10. Description of spill corrective action, including steps planned or taken to reduce, eliminate, and prevent recurrence of the spill, and a schedule of major milestones for those steps;
11. Spill response completion date;
12. Detailed narrative of investigation and investigation findings of cause of spill;
13. Reasons for an ongoing investigation (as applicable) and the expected date of completion;
14. Name and type of receiving water body(s);
15. Description of the water body(s), including but not limited to:
Observed impacts on aquatic life,
Public closure, restricted public access, temporary restricted use, and/or posted health warnings due to spill,
Responsible entity for closing/restricting use of water body, and Number of days closed/restricted as a result of the spill.
16. Whether or not the spill was located within 1,000 feet of a municipal surface water intake; and
17. If water quality samples were collected, identify sample locations and the parameters the water quality samples were analyzed for. If no samples were taken, Not Applicable shall be selected.
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Appendix H Reporting Requirements
H-1-3 Spill Technical Report for Individual Category 1 Spill in which 50,000 Gallons or Greater Discharged into a Surface Water
For any spill in which 50,000 gallons or greater discharged into a surface water, within 45 calendar days of the spill end date, the District shall submit a Spill Technical Report to the online CIWQS Sanitary Sewer System Database.
The Spill Technical Report, at minimum, must include the following information:
1. Spill causes and circumstances, including at minimum:
Complete and detailed explanation of how and when the spill was discovered; Photographs illustrating the spill origin, the extent and reach of the spill, drainage conveyance system entrance and exit, receiving water, and post-cleanup site conditions; Diagram showing the spill failure point, appearance point(s), the spill flow path, and ultimate destinations; Detailed description of the methodology employed, and available data used to calculate the discharge volume and, if applicable, the recovered spill volume;
Detailed description of the spill cause(s);
Description of the pipe material, and estimated age of the pipe material, at the failure location; Description of the impact of the spill;
Copy of original field crew records used to document the spill; and Historical maintenance records for the failure location.
2. District’s response to the spill:
Chronological narrative description of all actions taken by the District to terminate the spill; Explanation of how the Sewer System Management Plan Spill Emergency Response Plan was implemented to respond to and mitigate the spill; and
Final corrective action(s) completed and a schedule for planned corrective actions, including:
i. Local regulatory enforcement action taken against an illicit discharge in response to this spill, as applicable,
ii. Identifiable system modifications, and operation and maintenance program modifications needed to prevent repeated spill occurrences, and
iii. Necessary modifications to the Emergency Spill Response Plan to incorporate lessons learned in responding to and mitigating the spill.
3. Water Quality Monitoring, including at minimum:
Description of all water quality sampling activities conducted; List of pollutant and parameters monitored, sampled and analyzed; as required in Water Quality Monitoring Plan, once developed;
Laboratory results, including laboratory reports;
Detailed location map illustrating all water quality sampling points; and Other regulatory agencies receiving sample results (if applicable).
4. Evaluation of spill impact(s), including a description of short-term and long-term impact(s) to beneficial uses of the surface water.
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Appendix H Reporting Requirements
H-1-4 Amended Certified Spill Reports for Individual
Category 1 Spills
The District shall update or add additional information to a Certified Spill Report within 90 calendar days of the spill end date by amending the report or by adding an attachment to the Spill Report in the online CIWQS Sanitary Sewer System Database. The District shall certify the amended report.
After 90 calendar days, the District shall contact the State Water Board at [email protected] to request to amend a Spill Report. The Legally Responsible Official shall submit justification for why the additional information was not reported within the Amended Spill Report due date.
H-2 Reporting Requirements for Individual Category 2
Spill Reporting
H-2-1 Draft Spill Report for Category 2 Spills
Within three (3) business days of the District’s knowledge of a Category 2 spill, the District shall submit a Draft Spill Report to the online CIWQS Sanitary Sewer System Database.
The Draft Spill Report must, at minimum, include the following items:
1. Contact information: Name and telephone number of District contact person to respond to spill-specific questions;
2. Spill location name;
3. Date and time the District was notified of, or self-discovered, the spill;
4. Operator’s arrival time;
5. Estimated spill start date and time;
6. Date and time the District notified the California Office of Emergency Services, and the assigned control number;
7. Description, photographs, and GPS coordinates of the system location where the spill originated;
8. If a single spill event results in multiple appearance points, provide GPS coordinates for the appearance point closest to the failure point and describe each additional appearance point in the spill appearance point explanation field;
9. Estimated total spill volume exiting the system;
10. Description and photographs of the extent of the spill and spill boundaries;
11. Did the spill reach a drainage conveyance system? If Yes:
Description of the drainage conveyance system transporting the spill; Photographs of the drainage conveyance system entry location(s); Estimated spill volume fully recovered from the drainage conveyance system; Estimated spill volume remaining within the drainage conveyance system; Estimated spill volume discharged to a groundwater infiltration basin or facility, if applicable; and
12. Estimated total spill volume recovered.
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Appendix H Reporting Requirements
H-2-2 Certified Spill Report for Category 2 Spills
Within 15 calendar days of the spill end date, the District shall submit a Certified Spill Report for the Category 2 spill, to the online CIWQS Sanitary Sewer System Database (https://ciwqs.waterboards.ca.gov). Upon completion of the Certified Spill Report, the online CIWQS Sanitary Sewer System Database will issue a final spill event identification number.
The Certified Spill Report must, at minimum, include the following mandatory information in addition to all information in the Draft Spill Report per section F-2-1 (Draft Spill Report for Category 2 Spills) above:
1. Description of the spill event destination(s), including GPS coordinates if available, that represent the full spread and reach of the spill;
2. Spill end date and time;
3. Description of how the spill volume estimations were calculated, including at a minimum:
The methodology, assumptions and type of data relied upon, such as supervisory control and data acquisition (SCADA) records, flow monitoring or other telemetry information used to estimate the volume of the spill discharged, and the volume of the spill recovered (if any volume of the spill was recovered), and
The methodology(ies), assumptions and type of data relied upon for estimations of the spill start time and the spill end time;
4. Spill cause(s) (for example, root intrusion, grease deposition, etc.);
5. System failure location (for example, main, pump station, etc.);
6. Description of the pipe/infrastructure material, and estimated age of the pipe material, at the failure location;
7. Description of the impact of the spill;
8. Whether or not the spill was associated with a storm event;
9. Description of spill response activities including description of immediate spill containment and cleanup efforts;
10. Description of spill corrective action, including steps planned or taken to reduce, eliminate, and prevent recurrence of the spill, and a schedule of major milestones for those steps;
11. Spill response completion date;
12. Detailed narrative of investigation and investigation findings of cause of spill;
13. Reasons for an ongoing investigation (as applicable) and the expected date of completion; and
14. Whether or not the spill was located within 1,000 feet of a municipal surface water intake.
H-2-3 Amended Certified Spill Reports for Individual
Category 2 Spills
The District shall update or add additional information to a Certified Spill Report within 90 calendar days of the spill end date by amending the report or by adding an attachment to the Spill Report in the online CIWQS Sanitary Sewer System Database. The District shall certify the amended report.
After 90 calendar days, the District shall contact the State Water Board at [email protected] to request to amend a Spill Report. The Legally Responsible Official shall submit justification for why the additional information was not reported within the Amended Spill Report due date.
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Appendix H Reporting Requirements
H-3 Monthly Certified Spill Reporting for Category 3 Spills The District shall report and certify all Category 3 spills to the online CIWQS Sanitary Sewer System Database within 30 calendar days after the end of the month in which the spills occurred. (For example, all Category 3 spills occurring in the month of February shall be reported and certified by March 30th). After the Legally Responsible Official certifies the spills, the online CIWQS Sanitary Sewer System Database will issue a spill event identification number for each spill.
The monthly reporting of all Category 3 spills must include the following items for each spill:
1. Contact information: Name and telephone number of District contact person to respond to spill-specific questions;
2. Spill location name;
3. Date and time the District was notified of, or self-discovered, the spill;
4. Operator’s arrival time;
5. Estimated spill start date and time;
6. Description, photographs, and GPS coordinates where the spill originated:
If a single spill event results in multiple appearance points, provide GPS coordinates for the appearance point closest to the failure point and describe each additional appearance point in the spill appearance point explanation field;
7. Estimated total spill volume exiting the system;
8. Description and photographs of the extent of the spill and spill boundaries;
9. Did the spill reach a drainage conveyance system? If Yes:
Description of the drainage conveyance system transporting the spill; Photographs of the drainage conveyance system entry locations(s); Estimated spill volume fully recovered from the drainage conveyance system; and Estimated spill volume discharged to a groundwater infiltration basis or facility, if applicable.
10. Estimated total spill volume recovered;
11. Description of the spill destination(s), including GPS coordinates, if available, that represent the full spread and reaches of the spill;
12. Spill end date and time;
13. Description of how the spill volume estimations were calculated, including, at minimum:
The methodology and type of data relied upon, including supervisory control and data acquisition (SCADA) records, flow monitoring or other telemetry information used to estimate the volume of the spill discharged, and the volume of the spill recovered (if any volume of the spill was recovered), and The methodology and type of data relied upon to estimate the spill start time, on-going spill rate at time of arrival (if applicable), and the spill end time;
14. Spill cause(s) (for example, root intrusion, grease deposition, etc.);
15. System failure location (for example, main, pump station, etc.);
16. Description of the pipe/infrastructure material, and estimated age of the pipe/infrastructure material, at the failure location;
17. Description of the impact of the spill;
18. Whether or not the spill was associated with a storm event;
19. Description of spill response activities including description of immediate spill containment and cleanup efforts;
Item 15.
Appendix H Reporting Requirements
20. Description of spill corrective actions, including steps planned or taken to reduce, eliminate, and prevent reoccurrence of the spill, and a schedule of the major milestones for those steps; including, at minimum:
a. Local regulatory enforcement action taken against an illicit discharge in response to this spill, as applicable, and
b. Identifiable system modifications, and operation and maintenance program modifications needed to prevent repeated spill occurrences at the same spill event location, including:
i. Adjusted schedule/method of preventive maintenance,
ii. Planned rehabilitation or replacement of sanitary sewer assets, iii. Inspected, repaired asset(s), or replaced defective asset(s), iv. Capital improvements,
v. Documentation verifying immediately implemented system modifications and operating/maintenance modifications,
vi. Description of spill response activities,
vii. Spill response completion date, and
viii. Ongoing investigation efforts, and expected completion date of investigation to determine the full cause of spill;
21. Detailed narrative of investigation and investigation findings of cause of spill.
H-4 Monthly Certified Spill Reporting for Category 4 Spills The District shall report and certify the estimated total spill volume exiting the sanitary sewer system, and the total number of all Category 4 spills to the online CIWQS Sanitary Sewer System Database, within 30 calendar days after the end of the month in which the spills occurred.
H-5 Amended Certified Spill Reports for Category 3 Spills Within 90 calendar days of the certified Spill Report due date, the District may update or add additional information to a certified Spill Report by amending the report or by adding an attachment to the Spill Report in the online CIWQS Sanitary Sewer System Database. The District shall certify the amended report.
After 90 calendar days, the Legally Responsible Official shall contact the State Water Board at [email protected] to request to amend a certified Spill Report. The Legally Responsible Official shall submit justification on why the additional information was not reported within the 90-day timeframe for amending the certified Spill Report, as provided above.
H-6 Annual Certified Spill Reporting of Category 4
and/or Lateral Spills
For all Category 4 spills and spills from its owned and/or operated laterals that are caused by a failure or blockage in the lateral and that do not discharge to a surface water, the District shall:
• Maintain records per section 4 of Attachment E1 of the General Order; The District shall provide records upon request by the State Water Board or Regional Water Board staff. • Annually upload and certify a report, in an appropriate digital format, of all recordkeeping of spills to the online CIWQS Sanitary Sewer System Database, by February 1st after the end of the calendar year in which the spills occurred.
Item 15.
Appendix H Reporting Requirements
A spill from a District-owned and/or operated lateral that discharges to a surface water is a Category 1 spill; the District shall report all Category 1 spills per Water Quality Monitoring Plan, once developed.
H-7 Monthly Certification of “No-Spills” or “Category 4 Spills” and/or “Non-Category 1 Lateral Spills”
If either (1) no spills occur during a calendar month or (2) only Category 4, and/or District-owned and/or operated lateral spills (that do not discharge to a surface water) occur during a calendar month, the District shall certify, within 30 calendar days after the end of each calendar month, either a “No-Spill” certification statement, or a “Category 4 Spills” and/or “Non-Category 1 Lateral Spills” certification statement, in the online CIWQS Sanitary Sewer System Database, certifying that there were either no spills, or Category 4 and/or Non-Category 1 Lateral Spills that will be reported annually (per Water Quality Monitoring Plan, once developed) for the designated month.
If a spill starts in one calendar month and ends in a subsequent calendar month, and the District has no further spills of any category, in the subsequent calendar month, the District shall certify “no-spills” for the subsequent calendar month.
If the District has no spills from its systems during a calendar month, but the District voluntarily reported a spill from a private lateral or a private system, the District shall certify “no-spills” for that calendar month.
If the District has spills from its owned and/or operated laterals during a calendar month, the District shall not certify “no spills” for that calendar month.
H-8 Annual Report (Previously termed as Collection
System Questionnaire in General Order 2006-
0003-DWQ)
The District shall update their previous year’s Annual Report, by April 1 of each year after the Effective Date of the General Order, for each calendar year (January 1 through December 31).
The Annual Report must be entered directly into the online CIWQS Sanitary Sewer System Database. The District’s Legally Responsible Official shall certify the Annual Report as instructed in CIWQS; The Annual Report must address, and update as applicable, the following items:
• Population served;
• Updated sewer system service area boundary map, if service area boundary has changed from original map submitted per section 5.14 (Electronic Sanitary Sewer System Service Area Boundary Map) of the General Order;
• Number of system operation and maintenance staff:
o Entry level (less than two years of experience),
o Journey level (greater than two years of experience), o Supervisory level, and
o Managerial level;
Item 15.
Appendix H Reporting Requirements
• Number of operation and maintenance staff certified as a certified collection system operator by the California Water Environmental Association (CWEA), with:
o Corresponding number of certified collection system operator grade levels (Grade I, II, III, IV, and V); • System information:
o Miles of system gravity and force mains,
o Number of upper and lower service laterals connected to system, o Estimated number of upper and lower laterals owned and/or operated by the District, o Portion of laterals that is District’s responsibility, o Average age the major components of system infrastructure, o Number and age of pump stations, and
o Estimated total miles of the system pipeline not accessible for maintenance; • Name and location of the treatment plant(s) receiving sanitary sewer system’s waste; • Name of satellite sewer system tributaries;
• Number of system’s gravity sewer above or underground crossings of water bodies throughout system; • Number of force main (pressurized pipe) above or underground crossings of water bodies throughout system; • Number of siphons used to convey waste throughout the sewer system; • Miles of sewer system cleaned;
• Miles of sewer system video inspected, or comparable (i.e., video closed-circuit television or alternative inspection methods);
• System Performance Evaluation as specified in section 5.11 (System Performance Analysis) of the General Order; • Major spill causes (for example, root intrusion, grease deposition); • System infrastructure failure points (for example, main, pump station, lateral, etc.); • Ongoing spill investigations; and
• Actions taken to address system deficiencies
Item 15.
INTENTIONALLY LEFT BLANK
Item 15.
Appendix I
Sewer System Management Plan Change Log
Item 15.
INTENTIONALLY LEFT BLANK
Item 15.
Coachella Sanitary District
SSMP Change Log
DATE SSMP ELEMENT DESCRIPTION OF CHANGE/REVISION MADE CHANGE AUTHORIZED BY
Item 15.
DATE SSMP ELEMENT DESCRIPTION OF CHANGE/REVISION MADE CHANGE AUTHORIZED BY
Item 15.
Appendix J
SSMP Monitoring Parameters
Item 15.
INTENTIONALLY LEFT BLANK
Item 15.
Coachella Sanitary District
SSMP Monitoring Parameters
SSMP Element
Parameters for Tracking
Effectiveness (Annual) Date
Evaluation of plan element
implementation and
effectiveness Reviewed by
SSMP Goal and
Introduction
• District is following SSMP Update
Schedule
• Periodically review section
Organization • Periodically review section
Legal Authority • Periodically review section
Operations and
Maintenance
Program
• Percentage of gravity sewer lines
cleaned
• Percentage of sewer lines
inspected by televising
• Number of lift station failures
• Number of pipe failures
• Regular training related to SSMP
requirements
• Equipment inventory tracked
• Periodically review section
Design and
Performance
Provisions
• Periodically review section
Spill Emergency
Response Plan
• Average and maximum response
time
• Percent of total overflow volume
contained or returned to sewer
• Compliance with notification,
monitoring, and reporting
requirements
• Staff and contractors are
implementing the Spill Emergency
Response Plan
• Perform regular training on the
Spill Emergency Response Plan.
• Contain any spills and
prevent/minimize discharge to
waters of the State or any drainage
conveyance system
• Minimize and remediate public
health impacts and adverse
impacts on beneficial uses of
waters of the State
• Clean the spill area and drainage
conveyance system in a manner
that does not inadvertently impact
beneficial uses in the receiving
waters
• Spill events are documented and
reported as required in the General
Order
Item 15.
SSMP Element
Parameters for Tracking
Effectiveness (Annual) Date
Evaluation of plan element
implementation and
effectiveness Reviewed by
• Spill responses and assessed
• Conduct annual review of Spill
Emergency Response Plan
• Periodically review section
Sewer Pipe
Blockage
Control Plan
• Number of blockages due to FOG,
rags, debris, etc.
• Number of overflows due to FOG,
rags, debris, etc.
• Number of FOG producing facilities
inspected
• Number of enforcement
measures at FOG producing
facilities
• An identification of sanitary sewer
system sections subject to fats,
oils, and grease blockages and
establishment of a cleaning
schedule
• Implementation of source control
measures
• Plan and schedule for a public
education and outreach program
• Periodically review section
System
Evaluation,
Capacity
Assurance, and
Capital
Improvements
• Number of spills due to capacity
limitations or wet weather
• Date of completion of most
recent sewer master plan,
including flow metering and/or
hydraulic modeling
• 3-year backlog for capacity
improvement projects
• Utilize CCTV inspection and
assessment and tracking system
deficiencies
• Prioritize projects based on their
need for repair and replacement
• Evaluate system deficiencies with
recurrent issues and how these
can be turned into rehabilitation or
replacement projects.
• Creation of a schedule to complete
these projects
• Document system evaluation and
condition assessment inspections
and activities
• Determine solutions to address
infiltration & inflow (I/I), aging
infrastructure, corrosion due to
sulfuric acid, and sags in the
system due to unstable soil
• Determine solutions to protect
from heavy rains, earthquakes, and
other impacts of climate change
Item 15.
SSMP Element
Parameters for Tracking
Effectiveness (Annual) Date
Evaluation of plan element
implementation and
effectiveness Reviewed by
• Determine funding sources
• Periodically review section
Monitoring,
Measurement
and Program
Modifications
• Document SSMP information
• Follow schedule for reviewing
SSMP information
• Determine effectiveness of each
Plan Element
• Assess the success of preventive
operation and maintenance
activities;
• Update Plan procedures and
activities based on evaluation
• Identify and illustrate spill trends
• Periodically review section
Internal Audits • Date of completion of last annual
audit
• Audits are occurring during
original audit cycle
• Audit is uploaded to CIWQS within
6 months of due date
• Deficiencies found during the
audit are addressed and
corrected
• Periodically review section
Communication
Program
• SSMP is uploaded/updated on
District’s website & CIWQS
• Plan and schedule for a public
education and outreach program
• Notification program to the public
for sewer system management
and information on spills and
discharges
• Periodically review section
Item 15.
STAFF REPORT
9/10/2025
TO: Honorable Mayor and City Council Members
FROM: Anahi Fernandez, Management Analyst
SUBJECT: Coachella Resident Engagement Academy
STAFF RECOMMENDATION:
Staff recommends that the City Council review the 2026 Coachella Resident Engagement Academy (Academy) plan and provide staff feedback.
BACKGROUND:
The City of Coachella General Plan encourages active community engagement with City of Coachella residents as a “high priority” with a short implementation timeframe of 2 to 4 years after Plan adoption. The General Plan encourages the City to collaborate with partner agencies to create minimum protocols for community outreach and engagement processes for different types of municipal decisions so community members can easily learn about input opportunities and know how to best contribute in the City.
In 2023, the City implemented the Academy, providing residents the opportunity to learn about the decision-making process and the City’s functions and operations. The Academy consists of eight (8) sessions for eight (8) weeks with a selection of (25) Coachella residents. Residents are informed of the importance of their contributions and how they can continue their involvement in the City. Evaluation survey responses from last year indicated that the majority of participants had a high knowledge level of the city after completion of the Academy and a very high likelihood of taking on a volunteer role in the City after participating in the Academy. The Academy has fulfilled its mission in educating Coachella residents on City operations and encouraging them to be more engaged in the City.
DISCUSSION/ANALYSIS:
Staff plans to establish a 2026 Resident Engagement Academy in which the City can continue the implementation of the General Plan and continue informing Coachella residents of the City’s roles and functions, ultimately increasing civic engagement in the City. The goals and purpose of the Academy are as follows:
1. Inform the community regarding City government and the decision-making process.
Item 16.
2. Provide residents with input opportunities.
3. Generate active citizens and promote civic leadership.
The Academy will commence on January 20, 2026 with a group of up to 25 Coachella residents.
Outreach would begin in the fall through the City’s social media platforms and flier postings in both English and Spanish. The following Academy modules are proposed:
1. Introduction and City Manager’s Office
2. Engineering and Public Works
3. Utilities
4. Development Services
5. Economic Development and Finance
6. Public Safety
7. KDI – Displacement Avoidance Plan
8. Graduation
City Directors and Managers will facilitate each module based on their discipline, which will also include a cooperative project among residents and staff. At the conclusion of the Academy, participants will receive a closing ceremony and an award in recognition of their participation.
Participants who attend all eight (8) sessions will receive a $250 stipend.
Staff seeks additional feedback and direction from the City Council for the 2026 Resident Engagement Academy.
FISCAL IMPACT:
The provision of meals, shirts, recognitions, and stipends are included in the Fiscal Year 2025/2026 budget for the Development Services Department for a total of $14,100. The program is designed to minimize the use of City resources and will be hosted in the conference rooms of the Coachella Library.
ATTACHMENTS:
1. General Plan Implementation Actions
2. 2026 Academy Application
3. 2024 Academy Photos
Item 16.
IMPLEMENTATION ACTIONS | 12-1
For some topics in this General Plan, the new adopted policies are sufficient to realize certain goals. However, most goals will require additional implementation actions to help make those operational. This section ties together the goals and policies in the General Plan. The following pages contain actions organized under each of the General Plan Elements (except for Housing) to realize the vision for Coachella's future. These are generally onetime actions needed to mobilize and execute specific policies within the General Plan, such as creating an ordinance or updating a master plan. The actions are in the following order:
1. Land Use + Community Design (LU)
2. Mobility (M)
3. Community Health + Wellness (CHW)
4. Sustainability + Natural Environment (SNE)
5. Safety (S)
6. Infrastructure + Public Services (IPS)
7. Noise (N)
Coachella is a smaller city, with big ideas and a clear vision of its future. The City staff and elected officials welcome and encourage community organizations, the business community, other public agencies, neighborhood groups and passionate individuals to help implement many of these actions. The City and community members have endorsed all of the action items below. While, some items are marked as “low” priority, that should not preclude any partner organization or individual from making it a “high” priority in their own work in collaboration with the City.
In the matrix that follows, each implementation action includes the following information:
# ACTION DESCRIPTION PRIORITY TIME FRAME RESPONSIBILITY RELEVANT GOALS Each action is
numbered as a
comprehensive
list for each
element
An actionable description of the
implementation action. Some
actions include end-note references
to supportive background material
or example projects.
Action items are marked as “High”, “Medium”, or “Low”
depending on community and staff input throughout the
process. Some of the criteria that helped determine priority included:
Cost.
Feasibility.
Whether the action would help engage and empower
residents.
Whether action could improve or enhance existing
programs/infrastructure (instead of create something
new).
A broad timeframe that refers to when the action
should be implemented. The timeframes are as
follows:
Immediate – Current/ongoing projects or
within one year of Plan adoption.
Short – Within 2 to 4 years of Plan
adoption.
Medium – Between approximately 5 and 7
years of Plan adoption.
Long – 10+ years after Plan adoption.
Ongoing – Reoccurring or immediate
action.
Identification of the
agency or department
responsible for
implementing the action.
List of goal(s) that the action item
will help implement. Goals will be
listed with the Element title
acronym and the goal number. For
example an action that implements
Goal 3 from the Land Use +
Community Design Element and
Goal 2 from the Community Health
+ Wellness Element, this column
would contain “LU-3, CHW-2”.
Attachment 1
Item 16.
IMPLEMENTATION ACTIONS | 12-2
# ACTION DESCRIPTION PRIORITY TIME
FRAME
RESPONSIBILITY RELEVANT
GOALS
1. Zoning ordinance update. Following the adoption of the General Plan, update Coachella’s Zoning Ordinance. The City Council and planning staff should explore and/or modify the following items in addition to others in line with the Plan’s vision. The zoning consistency analysis can be found in Appendix C. Update the zoning code and official Zoning Map to comply with and implement the General Plan Designations and General Plan Designation Map. Update the zoning code to encourage creative leisure and recreational uses in transit accessible and walkable areas. Create a park once district.
Establish climate-appropriate, design guidelines that recommend best practices for passive heating and cooling in Coachella’s climate. Develop an incentive program that will assist developers in revitalizing existing structures. Develop an incentive program to encourage and assist developers to develop along transit routes and to revitalize existing structures. Create bicycle parking and storage requirements for all new development (or remodeling/rebuilding to the extent feasible) to cover a broad range of bike parking needs, including parking in multi-family residential dwellings, employee parking for commuters and general purpose parking in commercial areas, civic facilities and parks. Collaborate with the School Districts to provide adequate bicycle parking facilities for students and staff. Require a certain proportion or number of units in each residential development to include universal design elements, ensuring easy modifications to accommodate wheelchairs.
Establish community gardens in appropriate locations and set forth basic regulations for community gardens, such as creation, maintenance, and operating rules. Allow food gardening by right in residential open space areas, including front, back, and side yard space. Prevent schools and other sensitive receptors from locating near known or expected new sources of air pollution and vice versa. The specific “safe” distance from a pollution source is dependent on the source and amount of pollution releases; however, a good rule of thumb is at least 500 feet from busy roadways, highways, and stationary sources.
When permitting new child-care facilities, require them to submit a customized, or adopt a standard, wellness policy plan to address physical activity programs, interdisciplinary nutrition education and provide meals and snacks that are consistent with current guidelines established by the US Department of Agriculture. Allow physicians and other medical providers to convert foreclosed or other vacant residential structures into neighborhood health clinics. The City may set restrictions (such as hours of operation, parking, signage, and services offered) to ensure the clinic is not a burden to the neighborhood. Strive for and encourage all new health and social service facilities to be transit-accessible and pedestrian-friendly. Work with Sun Line to improve transit routes and Sun Dial (Dial a Ride) access to service related facilities. Encourage the co-location of medical healthcare, mental/behavioral health and social services to increase access to care. Update development standards and/or create a development checklist to incorporate climate change adaption techniques into the development process. Establish minimum tree planting requirements and guidelines for different sub areas, development types, street trees and parking lot landscaping to ensure the City’s urban forest/tree canopy is extensive and well maintained. These requirements should also address drought tolerant and native plants and landscaping to reduce overall water usage.
Allow and encourage the creation of legal accessory dwelling units (ADUs) to enhance the diversity of housing options in existing residential neighborhoods. ADUs may be detached or attached to the principal structure. Require below market rate units to come in a mix of sizes/number of bedrooms to address the need for affordable housing for different household types. Require developers/contractors to recycle at least 50 percent of all construction and demolition waste. Allow and incentivize renewable energy and energy efficiency technologies. Identify and remove regulatory or procedural barriers to implementing green building practices within the City, such as updating codes, guidelines and zoning, and ensure that all plan review and building inspection staff are trained in green building design practices and techniques. Identify appropriate buffers between agricultural and urban uses. Develop standards to provide for cluster development and conservation design to minimize the impacts of urban development on areas where sensitive species are identified.
Identify standards for green roofs.
Create guidelines/requirements for permeable paving.
Expand allowances for home occupations/businesses in residential areas. Reduce parking minimum requirements in projects where the developer conducts a traffic study to determine that unbundled parking and other measures will reduce the number of spaces required per unit.
High Short Planning LU-1
LU-2
LU-3
LU-5
M-1
M-4
M-7
CHW-5
CHW-8
CHW-9
SNE-1
SNE-2
SNE-4
SNE-5
SNE-9
SNE-11
Attachment 1
Item 16.
IMPLEMENTATION ACTIONS | 12-3
2. Design guidelines update. Update the City’s design guidelines to encourage human-scale urban design at the neighborhood-, block-, and building-scale to promote walkability and social interaction. Elaborate and expand upon the contents of the Land Use + Community Design and Mobility Elements. Guidelines should specify how development along existing and planned transit lines should provide convenient, direct and safe connections to nearby transit stops and integrate transit stops into public space designs.
Medium Medium Planning
Engineering
LU-2, LU-3
LU-5
LU -6
3. Healthy development review. Work with the Riverside County Department of Public Health to create a development review process to analyze the health and social equity impacts of development proposals prior to the beginning of the CEQA review process. This could include the creation of a checklist that includes a key set of high priority questions related to how the project affects the food, recreation, and active transportation environments; affordability and access; pollution and toxics exposure; local wealth creation and other topics deemed relevant. The City can choose to integrate this review into the approval process. For larger or more complex projects the City may partner with others (the County Public Health Department, community groups, independent consultants, universities, etc.) to compile a more extensive health impact assessment.
High Short Planning
Engineering
County Public Health
LU-3
4. Community engagement process protocols. Work with community groups and the school district to create minimum protocols for community outreach and engagement processes for different types of municipal decisions so community members can easily learn about input opportuniti es and know how best to contribute. These protocols should be utilized by all City departments and could include a single electronic database/spreadsheet of institutions, community groups, business, and interested individuals who want to receive meeting announcements; a list of public outreach methods; Spanish translation/interpretation guidance (in what cases to use); social media strategies; youth engagement; provision of food and child-care at public meetings; and other related items. The City should also consider purchasing translation headsets to support increased inclusion.
High Short Planning
City Clerk
School District
Local community groups
LU-15
5. Sphere of Influence update. Update the City’s Sphere of Influence to exclude undevelopable land in Sub-Area 17. Medium Medium Planning LU-1
6. Open space conservation strategy. Create an open space conservation program that prioritizes which open space lands to preserve. Emphasize the creation of a citywide greenbelt to achieve conservation goals.
Medium Medium Planning
Parks
LU-2
LU-4
7. Economic development strategic plan. Develop a long-term economic development strategy that develops and retains businesses and a strong middle class in Coachella for the decades to come. The plan should place a strong importance on creating quality jobs in Coachella for existing Coachella residents, career support programs and lifelong education, and professional development. The plan should also highlight the community’s desire for industries that use a “triple bottom line” (health/people, environmental sustainability and profit) and invest back into Coachella’s local economy.
High Short Planning
City Manager
Finance
Library
LU-2
LU-7
LU-10
LU-11
8. Fiscal impact assessment fees. Establish guidelines and create a fiscal impact assessments fee structure for new projects over 20 acres. High Medium Planning Finance
LU-13
9. Historic preservation study. Study neighborhoods with a significant number of buildings over 50 years old to determine whether historic districts should be established. Create and maintain an inventory of historic and pre-historic sites, structures and landmarks of historic and cultural significance in order to determine the potential impact on these resources from proposed projects.
Low Ongoing Planning LU-1
Attachment 1
Item 16.
Coachella Resident Engagement Academy
Application
Application deadline is 6:00pm on Sunday, November 30, 2025 The Coachella Resident Engagement Academy introduces members of the community to the inner workings of the City of Coachella. This program provides participants with a comprehensive curriculum that will highlight key department and contributors that work together to keep Coachella thriving and evolving.
NAME:
ADDRESS:
TELEPHONE: E-MAIL:
PLEASE FURNISH A BRIEF RESPONSE TO THE QUESTION BELOW:
What motivates you to participate in the Coachella Resident Engagement Academy? What are your expectations and goals for participating in the program?
PLEASE LIST ANY FOOD RESTRICTIONS:
PLEASE SELECT YOUR SHIRT SIZE (UNIVERSAL): S M L XL XXL HAVE YOU PREVIOUSLY PARTICIPATED IN THE ACADEMY? ☐ YES ☐ NO The Coachella Resident Engagement Academy is scheduled to commence on January 20, 2026, and will be held every Tuesday from 6:00pm-8:00pm for the duration of eight weeks, concluding on March 10, 2026. Applicants must commit to attending all eight sessions. In order to be eligible to receive a $250 stipend, participants must attend all sessions. Light dinner and refreshments will be included. Applicants must be 16 years of age or older to participate. Please note that the class size will be restricted to a maximum of 25 participants.
Applicant Signature: Date:
Attachment 2
Item 16.
Solicitud de Participación Para la Academia de
Residentes de Coachella
Por favor someta su solicitud antes del 30 de noviembre de 2025 a las 6:00pm La academia de los residentes de Coachella presenta a los miembros de la comunidad el funcionamiento interno de la ciudad de Coachella. Este programa proporciona a los participantes un plan comprensivo que destaca los departamentos esenciales y contribuidores que trabajan juntos para que Coachella siga prosperando y evolucionando.
NOMBRE:
DOMICILIO:
TELEFONO: CORREO ELECTRONICO:
POR FAVOR PROPORCIONE UNA BREVE RESPUESTA A LA SIGUIENTE PREGUNTA:
¿Qué te motiva a participar en la academia residencial de Coachella? ¿Que son tus expectativas y metas para la academia?
POR FAVOR ANOTE CUALQUIER RESTRICCIÓN ALIMENTARIA:
SELECCIONE SU TALLE DE CAMISA (UNIVERSAL): S M L XL XXL ¿HA PARTICIPADO ANTERIORMENTE EN LA ACADEMIA? ☐ SÍ ☐ NO La academia de participación de los residentes de Coachella va comenzar el 20 de enero de 2026 y llevará a cabo los martes de 6pm a 8pm durante ocho semanas, concluyendo el 10 de marzo de 2026. Los solicitantes tendrán que comprometerse a asistir las ocho sesiones. Para ser elegible para recibir un estipendio de $250, los participantes tendrán que asistir todas las sesiones. Se incluirá cena ligera y refrescos. Tenga en cuenta que el tamaño de la clase será un máximo de 25 participantes.
Firma del solicitante: Fecha:
Attachment 2
Item 16.
Attachment 3
Item 16.
STAFF REPORT
9/10/2025
TO: Honorable Mayor and City Council Members
FROM: William B. Pattison, City Manager
SUBJECT: Approve Agreement for Animal Control Field and Shelter Services Between the City of Coachella and the County of Riverside Department of Animal Services STAFF RECOMMENDATION:
Approve Agreement for Animal Control Field and Shelter Services Between the City of Coachella and the County of Riverside Department of Animal Services.
BACKGROUND:
The City of Coachella collaborates with the Riverside County Department of Animal Services (RCDAS) for local animal control services. Through the agreement, RCDAS enforces local licensing requirements, investigates situations of animal neglect, shelters and cares for lost and abandoned animals, and promotes responsible pet ownership through public outreach. The existing contract expired at the end of the fiscal year 2024-2025, terminating on June 30, 2025. Animal field services provided under the agreement include the following activities:
Responding to calls for field service assistance
Impounding animals found at large
Providing humane care and treatment of stray or abandoned animals Investigating reported bites by animals
Quarantining animals suspected to be rabid
Responding to and processing nuisance complaints
Removing deceased animals form the public right- of-way Encouraging the return of any lost or stray animal
Inspecting and issuing permits for dog kennels and catteries Enforcing appropriate provisions of ordnances
DISCUSSION/ANALYSIS:
On May 27, 2025, RCDAS provided an updated Agreement (Attachment 1) to the City illustrating new rates and new rate methodology.
Item 17.
Below are the RCDAS proposed rates for Fiscal Years 2025/26, 2026/27, and 2027/28:
The new agreement is significantly the same, but does incorporate changes in the compensation paid to the County, as highlighted in the Total Charge section above.
ALTERNATIVES:
1. Recommend denial of Agreement.
2. Continue this item and provide staff with direction.
FISCAL IMPACT:
Overall, the annual cost for services for Fiscal Years 2025/26 – 2027/28 is estimated to total $2,182,812, but actual costs will vary depending on field- service personnel overtime, animal calls, and the number of licenses issued.
ATTACHMENTS:
1. Agreement for Field Animal and Shelter Services
2. RCDAS Rate Methodology Presentation
Item 17.
AGREEMENT FOR ANIMAL FIELD AND SHELTER SERVICES BETWEEN THE
CITY OF COACHELLA AND THE COUNTY OF RIVERSIDE
THIS AGREEMENT FOR ANIMAL FIELD AND SHELTER SERVICES (“Agreement”) is made and entered into as of July 1, 2025, by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California (“COUNTY”), and the CITY OF COACHELLA, a Municipal Corporation (“CITY”), together known as the “parties”, and individually as a “party”.
RECITALS
WHEREAS, CITY desires to contract with COUNTY to provide animal field and shelter services for the purposes of safeguarding the health and safety of the CITY’S population and the health and safety of its domestic animals, pursuant to the provision of field and animal sheltering services, and as described in this Agreement; and
WHEREAS, CITY desires to promote the humane treatment of animals and remains a committed partner with the COUNTY; and
WHEREAS, COUNTY has the personnel and experience to provide such services and is willing to enter this Agreement with CITY for the provision of such services, subject to the terms and conditions for compensation as set forth herein.
NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, and for good and valuable consideration, the parties mutually agree as follows:
SECTION I. OBLIGATION OF PARTIES
A. RECITALS:
l. The aforementioned Recitals are true and correct and incorporated herein by this reference.
B. COUNTY Obligations:
1. COUNTY shall provide field and shelter services within the corporate limits of CITY, as outlined in EXHIBITS A and B, attached hereto and incorporated herein by this reference, and more specifically as selected by CITY in ATTACHMENT A, attached hereto and incorporated herein by this reference.
C. CITY Obligations:
1. CITY shall reimburse COUNTY for the services performed and the expenses incurred, as set forth in ATTACHMENTS A and B, using the Rates Methodology as set forth in ATTACHMENT C of this Agreement.
2. In order to harmonize the terms of this Agreement with the provisions of the CITY’s municipal code and for COUNTY to provide the full scope of services to CITY under this Agreement, within six months following the Effective Date of this
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Agreement, CITY shall adopt the current verbatim language of the regulations, provisions, and rates found in Riverside County Ordinance Nos. 534, 560, 630, 716, 771, and 878 (“Animal Control Ordinances”), and shall amend its CITY municipal code when COUNTY amends its Animal Control Ordinances, from time to time.
COUNTY shall provide the verbatim language to the CITY that shall be adopted into CITY’s municipal codes. Notwithstanding the foregoing, CITY retains all legislative authority pertaining to the regulation of animals within its jurisdiction and retains the right to exclude or modify the verbatim language of the County’s Animal Control Ordinances.
3. CITY shall agree to providing contract required clinics with COUNTY pursuant to ATTACHMENT A.
SECTION II. PERIOD OF PERFORMANCE
The Effective Date of this Agreement shall be from July 1, 2025, and shall terminate on June 30, 2028, unless terminated earlier as provided herein under SECTION IX of this agreement.
SECTION III. PERFORMANCE OF CONTRACT
A. In performing services under the Agreement, COUNTY will provide all necessary labor, supervision, equipment, communication facilities, and supplies necessary to maintain the agreed upon level of service.
B. Nothing in the Agreement prohibits CITY from providing, at CITY’s expense, additional resources for the COUNTY to utilize in its performance of the services.
C. Any use of special supplies, stationery, notices, or forms, other than standard COUNTY format, must be approved by the Director of the Department, or their designee, and supplied by CITY at its own cost.
D. If requested, the COUNTY will make its best efforts to attend one (1) in-person meeting with CITY, up to three (3)-hour duration per quarter at no charge to the CITY. Additional meetings may be scheduled under unusual or urgent circumstances as agreed upon by the COUNTY. CITY will pay the hourly rate listed in ATTACHMENT B for any additional hours of the COUNTY’s contract management staff's time at meetings requested by CITY.
Due to the lack of availability of meeting space in COUNTY facilities, the CITY will provide a mutually agreed upon meeting space and location, or virtual meeting link, for virtual meetings.
E. If requested, the COUNTY will make its best efforts to coordinate a virtual meeting once per month at no charge to CITY. Additional meetings may be scheduled under unusual or urgent circumstances as agreed upon by the COUNTY. CITY will pay the hourly rate listed in ATTACHMENT B for any additional hours of COUNTY representatives’ time at meetings requested by the CITY.
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F. If requested, COUNTY will make its best efforts to send representatives to the CITY’s Council meetings for proposed ordinance changes, contract revisions, or any related animal issues where input from the COUNTY is needed. The COUNTY will only attend these meetings to the extent that resources and capacity will allow.
G. The COUNTY will make available upon request, at no charge to the CITY, the reports pursuant to EXHIBIT B, at the intervals indicated in that attachment. For any additional reportsthat are not included in EXHIBIT B, or those requested at more frequent intervals, the COUNTY will account for the hours of staff time required to produce the reports. The COUNTY will provide, at no charge to the CITY, up to 12 hours of staff time annually for any additional requested reports. The CITY will be responsible for any excess hours at the current billing rate for staff time as listed in ATTACHMENT B.
SECTION IV. ADMINISTRATION OF PERSONNEL
A. The COUNTY will control all aspects of the services provided by the COUNTY including, but not limited to, standards of performance, discipline of officers and staff, and all employment-related matters.
B. In the event of a dispute between the parties regarding the duties and services to be provided, or the minimum level or manner of performance of such services, the CITY will be consulted and an agreement between the parties attempted. Each party must employ good-faith and best efforts to reach an agreement. If the COUNTY determination does not resolve the dispute to the satisfaction of both parties, the dispute resolution provision in SECTION XV shall apply.
C. All CITY employees who work with the COUNTY under the Agreement will remain employees of the CITY and will not have any claim or right to employment, civil service protection, salary, benefits, or claims of any kind from the COUNTY. No CITY employee will become an employee of the COUNTY unless by specific additional agreement which must be concurrently adopted by the CITY and COUNTY. Except as otherwise specifically set forth in the Agreement or in the attached Service Request in ATTACHMENT A, to the extent the COUNTY provides the CITY with animal licensing services, neither the CITY employees nor their agents will perform any function related to the licensing of animals, including the collection of license fees, penalties, or field enforcement fees. Field enforcement fees will only be collected by the COUNTY for services performed by employees of the COUNTY. The CITY shall distribute educational and outreach materials, reviewed and agreed upon by both the COUNTY and the CITY, as requested by the COUNTY.
D. For the purposes of performing services under the Agreement, and only for the purpose of giving authority for COUNTY staff to provide these services, every COUNTY officer and/or employee engaged in performing any service will be deemed to be a contracted officer while performing service for the CITY, provided the service is within the scope of the Agreement.
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E. The CITY will not assume any liability for the direct payment of salaries, wages, or other compensation to COUNTY personnel performing services under the Agreement. Except as described under SECTION VI, the CITY will not be liable for compensation or indemnity to any COUNTY employee or agent of the COUNTY for injury or sickness arising out of his/her employment while providing services under the Agreement.
SECTION V. DEPLOYMENT OF PERSONNEL
A. The COUNTY will determine the minimum required field personnel required to provide the services requested by the CITY.
B. The CITY agrees to complete ATTACHMENT A, specifying the service to be provided, which will be signed and authorized by the CITY and the COUNTY representative and attached to the Agreement. In the event of a dispute between the Parties about the desired or approved content of the Service Level Request (“SLR”), such dispute will be handled in accordance with SECTION IV(B) of this Agreement.
C. The COUNTY will issue annual notifications of any change to the billing rate as stated in SECTION XVIII. Unless the CITY changes other provisions within the most recently executed SLR, it is not necessary to execute a revised service request to reflect a billing rate change.
D. The CITY may at any time request a change in the level of service by completing a revised service request and submitting the form to the COUNTY. The revised level of service to be provided and the current fiscal year billing rate will be signed and authorized by the CITY and the COUNTY representative and attached to the Agreement as an amendment.
Execution of such amendments shall be subject to each Party’s applicable internal approval processes, which may include, where required, approval by the City Council or Board of Supervisors. Changes requested at times other than the beginning of the fiscal year will be implemented as soon as practical, as determined in the sole discretion of the COUNTY.
The CITY is only required to submit a new service request if it wishes to revise its current services or update information listed on its existing service request. The COUNTY reserves the right to approve or disapprove requests on the service request in accordance with SECTION IV of this Agreement.
E. Regarding updatesto contact information, the CITY is not required to submit a new service request. Email confirmation from the CITY will suffice, and the COUNTY will update the CITY's existing service request and share the revised copy with the CITY.
F. The CITY is not limited to the services indicated but may also request any other services in the field of public safety, animal welfare, or related fields within the legal power of the Director of the Department to provide. The COUNTY reserves the right to determine, in its sole discretion, whether the COUNTY can provide requested services not otherwise specified in this Agreement.
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SECTION VI. HOLD HARMLESS/INDEMNIFICATION
A. CITY shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, SpecialU Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from third party claims, damages or actions based or asserted upon actions of CITY, its officers, employees, subcontractors, agents or representatives related to this Agreement, including but not limited to property damage, bodily injury, or death arising from the negligent or willful actions by CITY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement. CITY shall defend, at its sole expense, including but not limited to reasonable attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts and Departments of the County of Riverside, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any such action or claim or action based upon such alleged acts or omissions.
B. With respect to any action or claim subject to indemnification herein by CITY, CITY shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY’s indemnification to COUNTY as set forth herein. The CITY’s obligation to defend, indemnify and hold COUNTY harmless shall be subject to COUNTY having given CITY written notice within a reasonable period of the claim or of the commencement of the related action and information and reasonable assistance, at CITY’s expense, for the defense or settlement thereof. CITY’s obligation hereunder shall be satisfied when CITY has provided to COUNTY with the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved.
C. COUNTY shall indemnify and hold harmless the CITY, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, CITY Council, elected and appointed officials, employees, agents and representatives from third party claims, damages or actions based or asserted upon actions of COUNTY, its officers, employees, subcontractors, agents or representatives related to this Agreement, including but not limited to property damage, bodily injury, or death arising from the negligent or willful actions by COUNTY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement. COUNTY shall defend, at its sole expense, including but not limited to reasonable attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts and Departments of the CITY, their respective directors, officers, CITY Council, elected and appointed officials, employees, agents and representatives in any such action or claim or action based upon such alleged acts or omissions.
D. With respect to any action or claim subject to indemnification herein by COUNTY, COUNTY shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior
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consent of CITY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes COUNTY’s indemnification to CITY as set forth herein. COUNTY’S obligation to defend, indemnify and hold harmless CITY shall be subject to CITY having given COUNTY written notice within a reasonable period of the claim or of the commencement of the related action and information and reasonable assistance, at COUNTY’s expense, for the defense or settlement thereof. COUNTY’s obligation hereunder shall be satisfied when COUNTY has provided to CITY the appropriate form of dismissal relieving CITY from any liability for the action or claim involved.
E. The specified insurance limits required in this Agreement shall in no way limit the COUNTY’s obligations to indemnify and hold harmless CITY herein from third party claims.
F. This SECTION VI shall survive the termination of this Agreement.
SECTION VII. INSURANCE
COUNTY agrees to maintain the following insurance coverage during the term of this Agreement:
A. Workers’ Compensation:
COUNTY shall maintain Workers’ Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. The policy shall include Employer Liability (Coverage B) including Occupational Disease with limits of not less than $1,000,000 per person per accident.
B. Commercial General Liability:
COUNTY shall maintain Commercial General Liability Insurance coverage for claims which may arise from or out of COUNTY’s performance of its obligations hereunder. This coverage shall have a limit of liability not less than $2,000,000 per occurrence combined single limit.
C. Vehicle Liability:
If vehicles or mobile equipment is used in the performance of the obligations under this Agreement, then COUNTY agrees to maintain automobile liability insurance for vehicles provided by the COUNTY for use under this Agreement. This coverage shall have a limit of liability of not less than $1,000,000 combined single limit.
SECTION VIII. RESERVED
RESERVED.
SECTION IX. TERMINATION
A. Either party may terminate this Agreement without cause upon no earlier than six (6) months advance written notice served on the other party stating the extent and effective
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date of termination.
B. If a six (6) month notice of termination is served on the other party, after receiving said notice of termination, COUNTY shall stop work under this Agreement on the termination date specified in the notice of termination; and after termination, CITY shall make payment to COUNTY for performance up to the date of termination in accordance with this Agreement.
C. In the event of termination, both parties shall fulfill all obligations owed to each other that have accrued before the date of termination. Additionally, except for SECTION VI, each party will be released from any obligations that would have accrued after the termination date had the Agreement continued. However, the CITY will remain responsible for payment to the COUNTY for any services provided under this Agreement prior to the termination date.
SECTION X. FORCE MAJEURE
If either Party is unable to comply with any provision of this Agreement due to causes beyond its reasonable control, and which could not have been reasonably anticipated, such as acts of God, acts of war, civil disorders, pandemics, or other similar acts, such party shall not be held liable for such failure to comply.
SECTION XI. AMENDMENTS
Any amendments, including but not limited to alterations, variations, or supplements, to the terms of this Agreement shall be in writing and signed by the parties hereto, and shall have the approval of the Board of Supervisors of COUNTY and CITY Council. Any amendments will be presented to CITY’s CITY Manager, or designee, prior to CITY’s CITY Council approval.
This Agreement, including any attachments, constitutes the entire Agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing.
Except for changes to a CITY’s contact information, any changes, modifications, or amendments to the Agreement must be in writing and duly executed by the Director of the Department, or their designee, and an authorized representative of the CITY. The only exception to this requirement applies to updates to the CITY's contact information, which may be made through simple email confirmation from the CITY.
SECTION XII. SEVERABILITY
Each paragraph or provision of this AGREEMENT is severable from each other provision, and if any provision or part thereof is declared invalid, the remaining provisions shall nevertheless remain in full force and effect.
SECTION XIII. NO THIRD-PARTY BENEFICIARIES
This Agreement between the parties is intended for the mutual benefit of the two signing parties
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only. No rights are created under this Agreement in favor of any third party or any party who is not a direct signatory to this Agreement.
SECTION XIV. NONDISCRIMINATION
COUNTY shall not discriminate in the provision of services, allocation of benefits, accommodation in facilities, or employment of personnel on the basis of race, ethnicity, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, or gender identity in the performance of this Agreement; and, to the extent they shall be found to be applicable hereto, shall comply with the provisions of the California Fair Employment and housing Act (Gov. Code 12900 et. seq.), the Federal Civil Rights Act of 1964 (Pub. L. 88-352) and the Americans with Disability Act of 1990 (42 U.S.C. 12101 et seq.).
SECTION XV. DISPUTE RESOLUTION AND VENUE
A. The parties shall attempt to resolve any disputes amicably at a working level as set forth in SECTION IV(B). If that is not successful, the dispute shall be referred to the senior management of the parties.
B. Prior to filing any legal action related to this Agreement, the parties shall be obligated to attend a mediation session in Riverside County before a neutral third-party mediator. A second mediation session shall be required if the first session is not successful. The parties shall share the cost of the mediations.
C. This Agreement shall be governed by the laws of the State of California. Any legal action related to the performance or interpretation of this Agreement shall be filed only in the Superior Court of the State of California located in Riverside, California, and the parties waive any and all provisions of law providing for a change of venue to another location.
SECTION XVI. ASSIGNMENT
This Agreement shall be binding upon COUNTY and its successors. Neither this Agreement nor any part thereof nor any moneys due or to become due hereunder may be assigned by the parties without the prior written consent of the other Party. CITY and COUNTY hereby agree with the full performance of the covenants contained herein.
SECTION XVII. CONTRACT PERFORMANCE
COUNTY’s Director of Department of Animal Services, ordesignated representative, shall meet as necessary to discuss contract performance with CITY’s CITY Manager, or designated representative.
SECTION XVIII. CONTRACT SUM
The CITY will pay for the services provided under the terms of the Agreement at the current fiscal
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year rate established by the COUNTY and set forth in the current ATTACHMENT B.
The rates indicated in the ATTACHMENT B form will be readjusted by the COUNTY annually, effective the first day ofJuly each year, to reflect the cost of services in accordance with the policies and procedures for the determination of rates established by the COUNTY.
The CITY will be billed based on the current service level described in the latest ATTACHMENT A, FISCAL YEAR 25/26-27/28 SERVICE REQUEST FOR THE CITY OF COACHELLA.
The cost of any additional services requested and provided under the Agreement and not set forth in ATTACHMENT B will be determined by the COUNTY in accordance with the policies and procedures established by the COUNTY.
Overtime charges will not be billed to the City unless incurred in connection with a defined emergency that is pre-approved in writing by the City.
SECTION XIX. PAYMENT PROCEDURES
The COUNTY, through the Department of Animal Services, will submit a summary invoice covering all services performed quarterly to the CITY within ten (10) calendar days after the closing of each quarter. The CITY will pay the COUNTY for all undisputed amounts within thirty (30) calendar days after the date of the invoice.
If payment is not delivered to the COUNTY office described on the invoice within sixty (60) days after the date of the invoice, the COUNTY is entitled to recover interest on the unpaid amount at the rate specified below in this Section XIX.
For all disputed amounts, the CITY will provide the COUNTY with written notice of the dispute including the invoice date, amount, and reason(s) for the dispute within twenty-one (21) calendar days after receipt of the invoice. The parties will confirm the resolution of the dispute in writing.
For any disputed amounts, interest will accrue if payment is not received within sixty (60) calendar days after the date of the written resolution.
Interest will be calculated at the rate of seven percent (7%) annually oranyportion thereof, from the last day of the month for which the services were performed, or in the case of disputed amounts, from the date of the written resolution.
SECTION XX. NOTICES
Each Party shall designate a Primary Contact, as identified in ATTACHMENT A, Service Request, to facilitate the services covered by this Agreement. Routine communications necessary for the day-to-day facilitation of services may be conveyed through telephone, email, or in-person interactions. However, all correspondence and notices required or contemplated by this Agreement shall be delivered to the respective parties at the addresses set forth below and in ATTACHMENT A and are deemed submitted two (2) days after their deposit in the United States mail, postage prepaid.
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Notices to the County of Riverside must be addressed as follows:
COUNTY
County of Riverside Department of Animal Services Director 6851 Van Buren Boulevard
Jurupa Valley, CA 92509
Notices to the CITY must be addressed to the contact person listed on the most recent SLR on file and the current CITY Official or CITY Manager.
SECTION XXI. DEFINITIONS
A. “Altered or Unaltered” An Altered animal has undergone a surgical sterilization procedure, spay (female) or neuter (male) for dogs or cats and is incapable of reproduction. An Unaltered animal has not been sterilized.
B. “Available” means an animal eight (8) weeks of age or older that at the time the animal is impounded or taken into possession, has manifested no sign of disease, injury, or congenital or hereditary condition that adversely affects the health or temperament of the animal, or that is likely to adversely affect the animal’s health in the future.
C. “Care” includes, but is not limited, to providing necessary and prompt veterinary care, adequate nutrition and water, shelter, and humane treatment, or transfer of animal to the appropriate agency as defined in Civil Code 1834 and 1846.
D. “Euthanasia” is a non-preferred option and is to be used as a last resort when deemed there is no other outcome for an animal. When the decision has been made to euthanize, it is done with the highest degree of respect, and with an emphasis on making the euthanasia process as painless and distress free as possible. Humane euthanasia services shall be provided as required for impounded animals held at the Shelter for the lawful number of days, if such an animal is not reclaimed by the animal’s owner and cannot be placed through adoption or rescue by COUNTY. Animals that are irremediably suffering from a serious illness or severe injury may not be held for owner redemption or adoption. Except as provided in Food and Agricultural Code, subdivision (b), Section 31108 and subdivision (c) of Section 31752, newborn animals that need maternal care and have been impounded without their mothers may be euthanized without being held for owner redemption or adoption. Further:
i. Only euthanasia methods approved by the Association of Shelter Veterinarians shall be used.
ii. Pre-euthanasia sedation or anesthesia shall be provided in the professional judgment of the veterinarian conducting or providing oversight. The interests of the animal will be given equal consideration whether the animal is individually owned or not,
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regarding providing pre-euthanasia sedation or anesthesia. iii. The COUNTY will provide ongoing professional training on the latest methods and material available for euthanasia and effective management of compassion fatigue for all personnel as described within, but not limited to, the American Veterinary Medical Association’s Guidelines for the Euthanasia of Animals. iv. The COUNTY will conduct euthanasia in areas that are isolated from other activities, where possible, to minimize stress on animals and to provide staff with a professional and dedicated work area and incorporate the recommendations for a well-designed euthanasia space as recommended by the American Veterinary Medical Association. v. Records shall be kept for a period of not less than three (3) years on each euthanized animal shall include the following information: breed; sex; color; weight; other distinguishing characteristics; date, time and location where animal was found, method of euthanasia, and reason for use of method.
E. “Healthy” means and include all dogs and cats eight weeks of age or older that, at or subsequent to the time the animal is taken into possession, have manifested no sign of a behavioral or temperamental characteristic that could pose a health or safety risk or otherwise make the animal unsuitable for placement as a pet, and have manifested no sign of disease, injury, or a congenital or hereditary condition that adversely affects the health of the animal or that is likely to adversely affect the animal’s health in the future.
F. "Impounded." Having been received into custody of any animal control center, animal control officer, animal control vehicle, or peace officer duly authorized by the County of Riverside to receive such animal.
G. “Potentially Dangerous” Any animal which has once actively pursued, attacked, bitten, or otherwise caused a less severe injury than a "substantial injury" (as defined in this section), to another person engaged in a lawful activity. Any animal which has once attacked, bitten, or otherwise caused a less severe injury than a "substantial injury" (as defined in this section), to another animal. Any animal which is found actively pursuing livestock, poultry, dogs, cats or animals.
H. "Substantial injury" means a substantial impairment of the physical condition of a person or animal which requires professional medical treatment, including, but not limited to, loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; muscle tears, disfiguring lacerations, punctures, or a wound requiring multiple sutures; or any injury requiring corrective or cosmetic surgery.
I. “Dangerous” Any animal which has twice within a forty-eight (48) month period in two separate incidents has actively pursued, attacked, bitten or otherwise caused a less severe injury than a "substantial injury" (as defined in this section), to another person or animal engaged in a lawful activity. Any animal which has once attacked, bitten, or otherwise
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caused injury to a person or animal engaged in lawful activity, resulting in death or substantial injury; Any animal which has been previously declared a potentially dangerous animal and the owner/custodian has failed to restrain the animal as so directed; or any dog which has been declared a "potentially dangerous dog" as defined by California State Law during any legal hearing process.
J. “Vicious” means any animal which, when unprovoked, in an aggressive manner, inflicts injury on or kills a human being or animal. Any animal previously determined to be and currently listed as a potentially dangerous dog which after its owner or keeper has been notified of this determination, continues that behavior described in Section 31062 of the Food and Agricultural Code or is maintained in violation of Section 31641, 31642, or 31643 of the Food and Agricultural Code.
SECTION XXII. HEADINGS
The Section and other headings contained in this Agreement are included for the purpose of convenient reference only and shall not restrict, amplify, modify or otherwise affect in any way the meaning or interpretation of this Agreement or the attachments and schedules hereto.
SECTION XXIII. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement, binding on all Parties.
SECTION XXIV. WAIVER OF BREACH, RIGHT OR REMEDY
The waiver by any party of any breach or violation by another party of any provision of this Agreement or of any right or remedy permitted the waiving party in this Agreement (a) shall not waive or be construed to waive any subsequent breach or violation of the same provision, (b) shall not waive or be construed to waive a breach of violation of any other provision, and (c) shall be in writing and may not be presumed or inferred from any party’s conduct. Except as expressly provided otherwise in this Agreement, no remedy conferred by this Agreement is intended to be exclusive of any other remedy, and every remedy shall be in addition to every other remedy granted in this Agreement or now or hereafter existing at law or in equity, by statute or otherwise. The election of any one or more remedies by a party shall not constitute a waiver of the right to pursue other available remedies.
SECTION XXV. INDEPENDENT CONTRACTOR
The COUNTY is acting as an independent contractor to the CITY under this Agreement. Each party to this Agreement shall have no power to incur any debt, obligation, or liability on behalf of another party to this Agreement.
SECTION XXVI. RESERVED.
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SECTION XXVII. AUTHORIZATION WARRANTY
A. The CITY represents and warrants that the person executing the Agreement for the CITY is an authorized agent who has actual authority to bind the CITY to each term, condition, and obligation of the Agreement and that all requirements of the CITY have been fulfilled to provide such actual authority.
B. The COUNTY represents and warrants that the person executing the Agreement for the COUNTY is an authorized agent who has actual authority to bind the COUNTY to each term, condition, and obligation of the Agreement and that all requirements of the COUNTY have been fulfilled to provide such actual authority.
SECTION XXVIII. COOPERATION, FURTHER ACT
The parties shall cooperate fully with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
(Signature Provisions on Following Page]
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IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Agreement.
COUNTY:
County of Riverside, on behalf of its
Department of Animal Services, a political
subdivision of the State of California
_______________________________
V. Manuel Perez, Chair
Board of Supervisors
Date:__________________________
CITY:
COACHELLA, a Municipal Corporation
_____________________________
Bill Pattison
City Manager
Date:__________________________
ATTEST:
Kimberly Rector
Clerk of the Board
By:____________________________
ATTEST:
By:____________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
Minh C. Tran
County Counsel
By:____________________________
Amrit P. Dhillon
Deputy County Counsel
APPROVED AS TO FORM:
Ryan Guiboa
City Attorney
By:____________________________
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COUNTY OF RIVERSIDE
DEPARTMENT OF ANIMAL SERVICES
DESCRIPTION OF STANDARD FIELD SERVICES
EXHIBIT A
At the election of the CITY the County of Riverside, on behalf of its Department of Animal Services (“COUNTY”), agrees to provide the following animal field services for the CITY of COACHELLA (“CITY”):
A. PROVISION OF FIELD SERVICES
The COUNTY will provide the services set forth below in accordance with regulations and provisions, found in Riverside County Ordinance Nos. 534, 560, 630, 716, 771, and 878 (“Animal Control Ordinances”), except as otherwise agreed to by the Parties in ATTACHMENT B, Service Request.
The COUNTY will inform the CITY of any proposed changes to Ordinance Nos. 534, 560, 630, 716, 771, and 878 with as much advance notice as practical, with the intention of providing the CITY with an opportunity to submit input to the COUNTY and the COUNTY related to the proposed changes. The COUNTY will notify the CITY of the passage of any change to Ordinance Nos. 534, 560, 630, 716, 771, and 878 by the County Board of Supervisors as soon as practical.
The COUNTY will provide the minimum required animal control resources and services for the CITY based on an average number of calls for service. Services consist of COUNTY personnel performing a variety of tasks utilizing appropriate equipment. The animal field services to be provided by COUNTY for CITY within the corporate limits of CITY shall include the following activities:
1. Field Service Assistance: Respond to all calls for field service assistance pursuant to the priority of calls as described in Section E below.
2. Impoundment: Impound dogs and livestock found at large and collect such impound fees as established in the appropriate CITY municipal code.
3. Proper Care and Treatment: Provide humane care and treatment to any stray or abandoned animal impounded by field personnel in accordance with State of California (“State”) laws and regulations.
4. Animal Bites: Investigate reported bites by animals. COUNTY shall respond to all reposed bites by dogs, cats, or by suspected rabid or wild animals. COUNTY will interview bite victims to the extent possible. COUNTY shall only be responsible for administrative proceedings resulting therefrom.
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5. Quarantine: Quarantine all animals suspected to be rabid and/or that have bitten a person as prescribed by the California Compendium of Rabies Control and Prevention, the State law, and COUNTY policy. Shelter quarantine will be at the discretion of the COUNTY.
6. Stray and Barking Animal (Nuisance) Complaints:Respond to and process nuisance complaints, including stray and barking animal complaints. COUNTY shall only be responsible for administrative enforcement proceedings resulting therefrom.
7. Dead Animals: Remove dead animals from the public right-of-way except in such cases where an animal is on a state highway within CITY limits. In such cases, COUNTY shall immediately (or as soon as practicable) notify the State Department of Transportation by telephone, facsimile, email or other means.
8. Return of Animals in the Field: Field personnel, including officers employed by CITY, shall make a best effort to return any lost/stray animal impounded in the field to the rightful owner. Best effort includes but is not limited to:
i. Checking for identification
ii. Scanning the animals for a microchip
iii. Canvassing the area to attempt to find the owner
iv. Equipment necessary to fix common problems such as broken fences with permission from the resident
v. Post a minimum of three signs
9. Kennels and Catteries: COUNTY shall inspect and issue licenses to operate dog kennels and catteries within CITY pursuant to CITY’s municipal codes and collect fees in connection therewith. All fees for licenses to operate dog kennels and catteries shall be retained by COUNTY.
10. Issuance of Warnings and Citations: Enforce all appropriate provisions of CITY’s municipal code as necessary, including the issuance of warning notices or citations, for violations of the provisions of said municipal code. COUNTY shall only be responsible for administrative enforcement proceedings resulting therefrom.
11. Service to Public: Provide service to the public on matters covered in this Agreement consistent with established policies and procedures that promote courteous and efficient service and good public relations. Other policies and procedures notwithstanding COUNTY, in processing any type of complaint or request for service, shall indicate to the caller that a response can be expected as per Section E below.
12. Field Services Related to Canine Licenses: The COUNTY shall verify canine license status when responding to requests for service or when responding to complaints about animal behavior. The Animal Control Officer, as part of the officer's regular animal control duties as defined by, but not limited to, the terms of this Agreement, shall conduct license inspection activities during animal control
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investigations to ascertain the number of unlicensed dogs, to license such dogs, and to foster compliance with CITY’s municipal code.
13. Wildlife: COUNTY will not impound free roaming wildlife unless it is a danger to the community, sick, injured, or part of an animal cruelty or animal bite case.
14. COUNTY will perform humane investigations of suspected animal neglect and cruelty and will be responsible for investigation, citation, and preparing materials for prosecution.
15. COUNTY and CITY will work together on educational outreach, promotion of spay/neuter and vaccination clinics, owner surrender assistance programs, responsible pet ownership, adoption programs and other activities to reduce impounds and increase live outcomes. CITY will provide one (1) vaccine clinic(s) at no charge to the resident per year, and one (1) spay/neuter clinic(s) at no charge to the resident per year, at CITY’S expense. CITY may decide to hire COUNTY to provide this service, if available, or seek a separate vendor.
16. In case of a disaster, COUNTY and CITY will work collaboratively on animal needs and communication as it is related to rescue, response and recovery efforts.
B. SHELTER CARE AND DISPOSITION SERVICES
The COUNTY shall house CITY’s animals at the Coachella Valley Animal Campus, or other COUNTY operated shelter at the COUNTY’s discretion, as set forth in EXHIBIT B.
C. PROVISION OF VEHICLES AND RADIO EQUIPMENT
COUNTY shall provide animal control vehicles and equip them with the appropriate animal control boxes mounted on the truck chassis and with an air conditioning unit mounted on the animal control truck boxes for use in the provision of services as set forth in this Agreement.
The COUNTY shall fuel and maintain said vehicles.
D. MISSING OR STOLEN ANIMALS
COUNTY shall file a report with the appropriate law enforcement agency within twentyfour (24) hours if an impounded animal is missing or suspected of having been stolen from an animal control vehicle or while in COUNTY’s custody. COUNTY shall indicate on the police report the circumstances of the animal's disappearance.
E. PRIORITY OF FIELD SERVICES
a. “Services” are those enforcement activities rendered by COUNTY pursuant to COUNTY Ordinance and/or the relevant sections of CITY’s municipal code, as indicated in ATTACHMENT B and related State law and are assembled for into two categories: emergency and non-emergency.
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b. “Priority Ranking” refers to the order of priority with which a call will be handled.
All calls will go directly to the dispatcher or assigned clerical staff for a relay to the Animal Control Officer. If a call is exceptional,” as set forth in Section F below, it shall be referred to the supervisor for evaluation and response. c. The following definitions of “Regular Service Hours”, “Limited-Service Hours”, and “Holidays” are intended to identify the broad time frames during which specific levels of service will be provided.
d. "Regular-Service Hours” are between the hours of 7:30 am to 5:00 pm, Monday through Friday, Holidays excepted.
e. "Limited-Services Hours” are the between the hours of 5:00 pm to 7:30 am, Monday through Friday, all day Saturday, Sunday and on Holidays. f. “Holidays” are those days as established by the COUNTY and the CITY where the CITY or COUNTY is closed for service on a business day that would otherwise be a regular service day.
g. Field service activities shall be performed daily and generally based on both the Priority Ranking and the time a call for service is received in accordance with this Agreement. All calls involving imminent danger shall be responded to within sixty (60) minutes if reasonably possible, subject to considerations involving the time of day, traffic conditions, or other circumstances. An Animal Control Officer shall respond to animal medical emergencies and other emergencies involving danger to humans within thirty (30) minutes or less during Regular Service Hours, and within sixty (60) minutes or less during Limited-Service Hours and Holidays. CITY acknowledges that response time may be affected by traffic congestion or other hindering circumstances uncontrollable by COUNTY. COUNTY shall provide a means for responding to calls for service that take place during Limited-Service Periods which are of an urgent nature pursuant to this ATTACHMENT A, Field service personnel may be assigned to patrol and perform other service field tasks as defined by COUNTY and CITY.
h. The COUNTY shall respond to telephone calls for field services during Regular Service Hours. Calls shall be received by the COUNTY answering service during Limited-Service Hours and on Holidays, as noted above. Calls answered by the answering service will be handled on an emergency basis as outlined herein. The dispatcher and/or clerical support staff shall maintain a detailed record of all requests for service, both emergency and routine, received during Regular Service Hours and Limited-Service Hours, including time and date, when the calls were answered, and the disposition of those calls. Records of these calls shall be maintained for at least thirty (30) days.
i. The CITY and COUNTY agree that any incident reports to the COUNTY by residents
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or through emergency services involving a dangerous, aggressive, wild, injured or sick animal constitute an emergency and require immediate action by the COUNTY pursuant to this Agreement. Calls for service received during Limited-Service Hours that are not of an urgent nature shall be answered by an answering service and referred to call-back on the next business day during phone center operational hours. These calls will then be scheduled for response in accordance with EXHIBIT A. j. Calls Considered Emergencies to be Handled Without Delay:
1. Animals endangering the health or safety of the community
2. Police Department requests for service
3. Sick or injured stray animals
4. Animals in distress
5. Humane investigations that are life threatening. (Depending on immediate circumstances)
k. Calls Considered Non-Emergency to be Handled during Regular Service Hours:
1. Pick-up confined, healthy- not sick or injured, stray-animals
2. Dead animal removal
3. Quarantine investigations
4. Leash law enforcement
5. Nuisance animal investigations
6. Permit investigations
F. EXCEPTIONS
The Director of the Department of Animal Services, or their designee, may, on a case-by-case basis, authorize variations of priority when circumstances require.
G. LICENSE FEES (Riverside COUNTY Ordinance No. 630, Section 2 - MANDATORY
DOG LICENSING AND VACCINATION)
Licenses shall be issued upon receipt of all licensing requirements including payment of the license fees at the same rate as established in Section 2 of Riverside County Ordinance No. 630 and are subject to change as amended by COUNTY’s Board of Supervisors, from time to time.
H. RABIES VACCINATION CERTIFICATE DATA
Rabies vaccination certificates shall be collected from area veterinarians and downloaded into COUNTY’s database after the data has been reviewed for inconsistencies. Reminders of licensing requirements shall be automatically generated and emailed or mailed to dog owners.
Those owners who fail to comply may be subsequently issued administrative citations.
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Remittance options include on the COUNTY’s website www.rcdas.org or in person at a COUNTY shelter location. COUNTY shall verify dog license status when responding to requests for service or when responding to complaints. COUNTY owners can verify the status of their animal’s license by telephone or going to https://riversidecounty.docupet.com.
I. COLLECTION OF LICENSE FEES
CITY authorizes COUNTY to issue and collect the fees for canine licenses and retain Eleven Dollars and Thirty-Five Cents ($11.35) per license on any and all canine license revenue generated by CITY residents during the term of the Agreement. All fees collected for canine licenses shall be accounted for by the COUNTY monthly and the COUNTY shall credit the net amount of license fees collected for each month. For purposes of this Agreement, the net amount of license fees shall mean the total amount of license fees collected in a month less the sum of $11.35 per each canine license issued and shall be separate and apart from the monthly compensation rate due and payable by the CITY as required in ATTACHMENT B, Billing Rates. CITY shall be responsible for a one-time conversion fee for new data entered into COUNTY’s licensing database.
J. SERVICE PLANS
CITY may elect one of two service plans for field services provided by the COUNTY. (ATTACHMENT A)
1. Standard Service Plan
The Standard Service Plan provides the number of Animal Control Officers, as determined by the County, to allow for the provision of field services to the CITY five (5) days/week – Monday through Friday- Nine (9) hrs./day – between the hours of 7:30am-5:00pm, with dispatching and after-hours emergency service 24 hours per day, seven days per week.
2. Extended Service Plan
The Extended Service Plan provides the number of Animal Control Officers to allow for providing field services to the CITY seven (7) days/week – Monday through Sunday – nine (9) hrs./day - between the hours of 7:30am-5:00pm, as indicated by the CITY in ATTACHMENT A, dispatching and after-hours emergency service 24 hours per day, seven days per week.
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COUNTY OF RIVERSIDE
DEPARTMENT OF ANIMAL SERVICES
DESCRIPTION OF STANDARD SHELTER SERVICES
EXHIBIT B
At the election of the CITY, the County of Riverside, on behalf of its Department of Animal Services (“COUNTY"), agrees to provide the following Animal Shelter Services for the CITY of COACHELLA (“CITY”).
A. PROVISION OF SHELTER SERVICES
All COUNTY shelters are open admission shelters and are required to accept all stray or abandoned animals from the COUNTY’s area(s) of responsibility. The COUNTY maintains four (4) animal care shelters that accept stray or abandoned animals. The COUNTY also receives and maintains animals that are victims of abuse or neglect, under a quarantine order, or that pose a risk to the public. Stray or abandoned animals are held for an initial period to give an owner the opportunity to reclaim them. Owner-relinquished animals are held for an initial period prior to requested euthanasia or adoption to a new home, pursuant to State law. The holding period may vary and may be extended to reunite the animal with an identified owner or for other reasons.
The COUNTY is committed to providing appropriate and safe housing for all animals accepted into the COUNTY’S care. The COUNTY is required by law to provide necessary and prompt veterinary care, nutrition, and shelter, and treat them kindly. Medical care may be provided by COUNTY staff or, at COUNTY’S sole discretion, outsourced to a contracted veterinarian.
B. COUNTY ANIMAL SHELTER
1. All animals collected in the field within the boundaries of the CITY or determined to have originated from within the boundaries of the CITY may be housed at a COUNTY animal shelter. Admitted animals will be vaccinated, microchipped, and provided necessary and prompt medical care, food, water, and shelter. The COUNTY may post an animal’s picture on the Department’s website to assist residents in reclaiming a lost or missing pet or finding a new one. Residents may also visit the associated animal shelter to find their lost or missing pet. The hours of operation of each animal care center may be found on the Department's website.
2. The COUNTY will make reasonable attempts to house animals from the CITY at the animal shelter closest to the CITY. The nearest animal shelter to the CITY will be designated as the primary animal shelter. There may be circumstances in which the Department will house animals collected from the CITY at an alternate location.
3. The COUNTY shall be responsible for the operation and maintenance of the COUNTY shelters and the care of the animals.
4. The COUNTY shall maintain hours of operation at the Shelter to provide maximum
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public access to the animals, to the extent possible.
C. STANDARD SHELTER SERVICES
Riverside County Animal Services shelters shall include the following activities and services:
1. Impoundment, admittance, receipt of, care of, custody of and/or feeding of any and all stray animals.
2. Providing food, water, shelter, enrichment, and medical care for animalsin the Department’s care.
3. Holding stray animals and attempting to reunite them with theirowners.
4. Assisting pet owners with alternatives to relinquishment by connecting them with resources for pet retention. Accepting unwanted animals surrendered by their owners if there is no other alternative.
5. Making the best efforts to find new adoptive homes for domestic animals and livestock.
6. Quarantine and observation of animals for rabies and/or at the direction of the Department of Public Health.
7. Working with wildlife rehabilitators to rescue sick and injured wildlife.
8. Providing emergency care and housing to pets and livestock displaced by wildfires or other disasters.
9. Holding animals that are the subject of criminal investigations or other legal or administrative proceedings.
10. Ensuring that all dogs, four(4) months and older, released from the COUNTY to a resident of County of Riverside are licensed, microchipped, and spayed/neutered and, if not licensed, to sell license to the owner or other person taking custody of such dog. In accordance with COUNTY ordinances, require the micro-chipping of released animals.
11. Provide necessary and prompt veterinary care.
12. Humane euthanasia of animals as lawful and necessary, including the creation of a log detailing each animal that is euthanized and the reasons for such euthanasia.
13. Public services, including prevention of animal abuse, neglect, or abandonment through outreach and education, and intervention through finding alternatives to relinquishment and assisting at-risk populations.
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14. Filing annual reports to the State of California as required bylaw.
15. Proper disposal of dead animals at the rate as set forth in ATTACHMENT B, Payment Provisions.
16. Maintaining a website with pictures of stray and surrendered animals to facilitate reuniting the animals with their owners or finding new adoptive homes.
17. Maintaining regular hours of operation for the public.
D. SCOPE OF ANIMAL SHELTER SERVICES
1. Treatment of Animals: COUNTY will provide adequate care and treatment of CITY’s animals whiles in custody of COUNTY to ensure that impounded animals are provided with humane and appropriate levels of care, including a clean environment, fresh water, adequate nutrition and appropriate medical care.
2. Level of Service Provided: COUNTY shall provide Animal Shelter Services as defined in this Agreement. COUNTY’s policies and procedures for Animal Shelter Services shall be based on standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association, and American Veterinary Medical Association.
3. Feeding Protocols: All animals shall be fed in amounts appropriate to meet their nutritional needs.
4. Disease Control and Sanitation: COUNTY shall maintain the Shelter in a clean and sanitary condition. COUNTY’s policies and procedures may include beneficial standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association, and American Veterinary Medical Association.
5. Provision of Personnel and Supplies: COUNTY shall provide personnel, supplies, materials, medication, pharmaceuticals, and equipment, including forms and reports, to perform all aspects of the animal shelter services described herein.
6. Holding Periods: COUNTY shall hold all stray-impounded animals, not otherwise own identifiable, for the holding periods as required by State law.
7. Euthanasia: Humane euthanasia services shall be provided as required for impounded animals held at the shelter for the lawful number of days, if such an animal is not reclaimed by the animal’s owner and is unable to be placed through adoption or rescue by COUNTY. Animals that are irremediably suffering from a
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serious illness or severe injury may not be held for owner redemption or adoption.
Only euthanasia methods approved by the American Veterinary Medical Association shall be used. Records shall be kept for a period of not less than three (3) years on each euthanized animal and shall include the following information:
breed; sex; color; weight; other distinguishing characteristics; date, time and location where animal was found; method of euthanasia, and reason for use of method.
8. Quarantine: COUNTY shall quarantine, as prescribed by the California Compendium of Rabies Control and Prevention, State law, and COUNTY policy, all animals suspected of being rabid or involved in a bite investigation.
9. Impoundments and Quarantines: COUNTY shall house, feed and care for all animals impounded and/or quarantined at the Shelter. Quarantined animals may be quarantined at the owner’s home or an alternate location.
10. Animals Surrendered by their Owners: Owner surrenders will be impounded on a case-by-case basis. Pet Support or pet retention programs will be offered to assist the owner with keeping their pet. CITY shall direct their constituents to consult with COUNTY to surrender their pet. CITY shall not accept owner surrenders in the field prior to the constituent consulting with the COUNTY.
11. Wildlife: COUNTY and CITY Animal Control Officers will work with constituents to ensure public safety while maintaining wildlife in the wild.
COUNTY and CITY Animal Control Officers will triage wildlife reports to determine the appropriate response. Wildlife will be impounded if there is a public safety hazard, if the animal’s welfare is at risk, if the animal is injured or orphaned, if the animal has been involved in a bite, or involved in an animal cruelty investigation.
12. Vicious and Potentially Dangerous Dogs: Any dog declared or determined to be vicious or potentially dangerous and in custody of COUNTY either under impoundment or quarantine shall be deemed unsuitable for adoption and shall not be released except as required by State law or at the Director of Animal Services’ discretion.
13. Incoming Animal Identification: Incoming animals shall be checked immediately for collar tags, tattoos, and scanned for microchips by qualified Shelter staff within one (1) hour of arrival at the Shelter. Shelter staff shall make all attempts to notify owners within twenty- four (24) hours of an Impounded Animal delivered by CITY to COUNTY. Animal Control Officers shall attempt to return animals in the field prior to delivering the impounded animal to the shelter. Animal Control Officers shall scan animals in the field for microchips, call phone numbers on tags or research license numbers to reunite animals in the field.
14. Incoming Animal Examinations/Assessments: Examinations of impounded
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animals shall be performed within twelve (12) hours, except during LimitedService Hours when the examination will be performed within twenty-four (24) hours. Incoming animal assessments shall include the following:
a. A physical examination to determine if a medical condition exists which requires a veterinarian’s attention
b. Routine vaccinations and de-worming, as needed
c. External parasite treatment, as needed
d. Document the animal’s incoming weight
e. Scan for microchip identification
f. Microchip administered if none found
g. Establish unique identifier for the animal
h. Document any identifying features or abnormalities. The COUNTY shall properly document on an animal-by-animal basis that an
examination/assessment has been performed.
15. Enforcement: Enforce all relevant provisions of CITY’s municipal code and State law as may be applicable to animals housed, kept or maintained at the Shelter.
16. Adoption: Animal identified as being available for adoption shall be up for adoption in the shelter or off-site locations or by posting online.
17. Spay and Neuter: COUNTY shall ensure that all dogs and cats adopted from the Shelter are spayed or neutered, or that adequate provisions are made for such spaying or neutering if COUNTY transfers any animals, or if an adopted animal is unable to receive spaying or neutering due to a medical condition. In accordance with California Food and Agricultural (“F & A”) Code Sections 30503 and 31751.3, if veterinarian employed at the Shelter certifies that a dog or cat is too sick or injured to be spayed or neutered, the COUNTY shall collect a spay/neuter deposit from the adopter or purchaser and this deposit shall be deposited into a segregated fund maintained by the COUNTY. The deposit shall be fully refunded to the adopter or purchaser if proof of sterility is provided within thirty (30) business days from the date of surgery, at which the deposit is forfeited in accordance with F & A Code Sections 30503 and 31751.3. Spay and neuter deposits shall only be used by the COUNTY for canine and feline spay and neuter programs.
18. Microchipping: In accordance with F & A Code Sections 31108.3 and 31752.1, COUNTY shall ensure that all dogs and cats being reclaimed, adopted, or transferred to a new owner are microchipped with current information prior to leaving the shelter.
19. Community Adoption Partners: COUNTY shall comply with F & A Code Sections 17006, 31108, and 31752 that provide (subject to Section 17006) that a stray dog or cat that is impounded shall, before the euthanasia of that animal, be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue, or adoption organization if requested by the organization before the scheduled euthanasia
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of that animal. The public or private shelter may enter into cooperative agreements with an animal rescue or adoption organization. The public or private shelter or organization must be approved by COUNTY prior to the transfer of any animals. In addition to the required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted or released.
20. Foster Care Placement: Certain animals may be placed in COUNTY’s foster care placement program so to improve animal care, give certain animals a better chance of adoption, and lift the spirits and morale of staff and volunteers.
21. Community Cat Program (“CCP”): CCP COUNTY shall determine a cat’s eligibility for the CCP. If it is determined that a cat is eligible, the cat will be spayed/neutered, vaccinated, and ear tipped. Once the cat has recovered, it will be returned to place of origin.
22. Drug Enforcement Agency (DEA): COUNTY shall comply with all Drug Enforcement Agency (“DEA”) regulations regarding storage, record-keeping, inventory, use, and disposal of all controlled substances.
23. Staffing and Volunteers: COUNTY shall recruit and supervise all necessary personnel for the office, kennel, veterinary and other areas of the Shelter. Staff shall include all full or part-time personnel and shall include the recruitment, supervision and assignment of volunteers in suitable Shelter-related activities. Personnel employed at the Shelter in the performance of Shelter-related activities shall be designated as COUNTY employees and all volunteers engaged in Shelter activities shall participate in activities designated by COUNTY and shall be under the auspices of COUNTY. Use of volunteers at the Shelter shall be determined by COUNTY.
24. Missing Animals: COUNTY shall notify an appropriate law enforcement agency immediately of any animal missing from the Shelter that had previously been impounded and/or in protective custody.
25. CITY Access: COUNTY shall provide access to the entire Shelter to the authorized representatives of CITY during Regular Service Hours or at such other times upon written notice.
26. Livestock and Fowl Care: COUNTY shall provide food, care and shelter to livestock and fowl, either at the Shelter or at another location, when such animals cannot be cared for at the Shelter. Costs of housing any livestock or fowl, regardless of Shelter location shall be charged to the owner of the animal, if known. If the animal’s owner wishes to redeem the animal, the owner shall first pay all applicable fees and charges at the Shelter; except as otherwise required by law, then and only, will the COUNTY authorize release of the animal. COUNTY shall notify CITY in writing when said expenses reach the amount of $5,000 or greater per incident.
Such expenses shall not exceed the amount of $25,000 per incident unless
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authorized in writing by CITY.
27. R.E.A.R.S.: REARS is the system that has been developed to perform animal rescue, evacuation, sheltering, care and welfare of domestic and livestock animals within Riverside County during times of disaster or extraordinary emergencies. The REARS Team is dedicated to carrying out the operational tasks of rescuing, evacuating, sheltering and caring for animals during emergencies and is made up of local government animal welfare staff and volunteers trained in animal rescue and emergency animal care. This cadre of trained individuals is supervised, during incidents, by Riverside County Department of Animal Services management staff.
28. Animal Disposal: COUNTY shall prohibit any animal whether dead or alive, which has been impounded, in custody, or in quarantine at the Shelter to be given away, disposed of, traded, sold or in any manner given over to another person, organization or entity for experimentation, regardless of purpose. COUNTY shall be responsible for the disposal of animal remains in its custody or control, subject to applicable State laws.
29. Pet Support Services Program: The COUNTY's Pet Support Program services are activities that go beyond providing housing for dogs and cats and have the effect of keeping pets out of the Shelters and in homes and healthy environments. This strategy allows the COUNTY to manage and reduce the flow of both owned pets and stray animals into their care, which is accomplished by partnering with the community and providing resources and solutions. Through the COUNTY’s pet support services staff provides counseling to pet owners or connects them with resources such as free pet food and supplies, medical vouchers, and other critical resources all intended to help keep pets with their families. This human/pet assistance program is funded almost entirely through donations and grants received by the COUNTY.
This program has reduced the number of surrendered animals admitted to the COUNTY’s care centers to those who have no other opportunity for rehoming. This is reducing the costs that are associated with sheltering cats and dogs.
A. Components of Pet Support Services:
• Community Engagement is key to successfully employing this program, giving the community an opportunity to foster, network animals, facilitate adoptions, and to develop solutions to keep pets with their owners. • The COUNTY encourages people who have found stray animals to attempt to reunite the pets with their families. The COUNTY also encourages residents to allow free roaming cats to remain where they live, as these are often pets or community cats.
• To reduce the relinquishment of owned pets, the COUNTY will provide
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resources such as training, food, and supplies, or other support to help keep pets in their homes.
• Public safety and animal welfare are a priority. Animals that pose a safety threat will immediately and safely be admitted by the COUNTY, as will animals that are sick or injured.
30. Healthy Pet Zone: COUNTY aids the public in times of crisis on a case-by-case basis that includes access to veterinary care and temporary boarding. CITY must refer public to COUNTY for program assistance.
31. Individual Animal Licensing Services: Adult dogs four months of age and older are required by State law to have individual licenses. The CITY may request that the Department enforce licensing requirements in the CITY as described in ATTACHMENT A. The CITY may adopt the COUNTY’s fees for individual animal licenses or set its own fees as permitted in ATTACHMENT A.
License renewal notices are mailed or transmitted by the Department to the animal owner of record. The renewal and payment are received and processed on a feeper-license basis. A current license will be required before an animal will be released to a resident of the CITY. Fees from licenses collected will be credited to the CITY monthly in arrears.
The COUNTY’s animal licensing services include:
a. Issuing animal licenses for pets as requested by the CITY; b. Processing license applications, payments, and information changes; c. Issuing license renewal notices;
d. Assessing and collecting fees, penalties, and other financialremittances; e. Maintaining a database for animal licensing, records of calls for service, and actions taken; and
f. Maintaining the Rabies Vaccination Certificate tool database which scans rabies vaccination data reported by private veterinary clinics to identify unlicensed pets in our jurisdictions and generate compliance notices to pet owners.
32. Kennel and Cattery Licensing: The Department's Kennel and Cattery Licensing program provides staff to perform animal facility inspections and licensing to animal-related businesses or organizations that require a license under COUNTY Ordinance. Animal-related facilities are inspected annually to ensure the safety and well-being of the animals as well as the health and safety of the public.
The COUNTY retains kennel license fees to offset the cost of annual inspections and related administrative costs. Staff time for licensing and inspections is not billed to the CITY. However,
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investigations in response to complaints about activities at a licensed location are conducted by Animal Control Officers based in the COUNTY’s animal shelters and are billed in accordance with ATTACHMENT B, City/County Service Rates.
This program includes:
a. Annual inspection of any premise used by an animal-related business or nonprofit organization, including grooming shops, pet shops, boarding facilities or breeding facilities, animal menageries, and all other places where animals are maintained for profit or business activities.
b. Follow-up inspections of animal facilities as necessary. c. Collection of license fees to offset the cost of services;and d. Documentation and maintenance of records as necessary.
E. CONTRACT CITY REQUIRED SERVICES
1. Vaccination and Microchip Clinics: California Health and Safety Code Section 121690(f) states that every city and county, "shall provide dog vaccination clinics, or arrange for dog vaccination at clinics." The Department holds periodic low-cost rabies vaccination and microchip clinics at its animal care centers and in the unincorporated areas of the County. Pursuant to this agreement and ATTACHMENT A, CITY shall fund two (2) vaccination and microchip clinics, within the CITY’s jurisdiction, per FY. The following services will be provided by the COUNTY:
a. Providing or assisting in arranging for low-cost vaccinations and microchips; b. Staffing low-cost vaccination and microchip clinics with medical personnel and necessary support staff, subject to availability;
c. Licensing animals vaccinated at the clinic; and
d. Assisting jurisdictions in promoting these community-based clinics.
2. Spay/Neuter Clinics: Pursuant to this agreement and ATTACHMENT A, the CITY shall fund one (1) Spay/Neuter clinic(s), within the CITY’s jurisdiction, per FY.
a. To help fund these events the CITY may elect to contribute $5.00 per altered and unaltered dog license to the Spay/Neuter Trust. Participation in the Spay/Neuter Trust will allow the CITY to offer low-cost or free spay/neuter programs for the CITY’s residents who wish to have their pets spayed or neutered. The COUNTY staff will work with the shelter and mobile clinics to assist qualified residents in obtaining spay/neuter services.
F. Records
Upon reasonable notice, the COUNTY will make available to authorized representatives of the CITY, for examination, audit, excerpt, copy, or transcription, any pertinent transaction, activity,
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or other record relating to the Agreement. The CITY must ensure such records are handled in a manner consistent with all applicable privacy laws and all laws related to the Public Records Act (Government Code sections 7920.000 et. seq.).
Upon request, the following standard reports are available to the CITY from the COUNTY monthly:
a. Dogs and/or CatsImpounded
b. Animals Returned to Owners
c. Dogs and/or Cats Abandoned
d. Special Admission Dog & Cat
e. Other Animals Impounded
f. Quarantined Dogs and/or Cats
g. Special Admission of Other Animals
h. Private Veterinarian (Outside Medical Expense)
i. Dead Animal Pick UpRequests
j. Types of Calls for Service
k. Location of Admission
In accordance with SECTION III, the COUNTY will provide up to 12 hours of staff time annually for producing special reports to the CITY at no cost. Additional staff time will be charged to the CITY at the current reimbursement rate for applicable staff time.
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ATTACHMENT A
FISCAL YEAR 25/26-27/28 SERVICE REQUEST
FOR THE CITY OF COACHELLA
1. Services
The level of animal care center service that the CITY requests and the COUNTY agrees to is (select the options below):
Field Services
If CITY elects to provide CITY Animal Control Services, CITY shall agree to have CITY Animal Control Officers trained and implement the return in field program as described in EXHIBIT A – A.8 8. Return of Impounded Animals.
The CITY shall provide the tools necessary to perform these duties. COUNTY shall provide training to CITY personnel for this purpose. Shelter Services
CITY’s Animal Services contact information (if applicable):
Name:
Telephone:
Address:
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2. Field Services
The level of field service that the CITY requests and the COUNTY agrees to:
(select one of the three options below):
a. Standard Service Plan
b. Extended Service Plan (check all applicable boxes below) c. Administrative Compliance (Post Hearing compliance checks) CITY’s Animal Services Field contact information (if applicable):
Name:
Telephone:
Address:
Standard Service Plan
COUNTY provides service to the CITY five (5) days/week – Mon.-Fri. – Nine (9) hrs./day
7:30am-5:30pm
COUNTY provides after-hours emergency service.
Extended Service Plan
COUNTY provides service to the CITY five (5) days/week – Mon.-Fri. – Nine (9) hrs./day
7:30am-5:30pm
COUNTY provides after-hours emergency service.
Weekend days and holidays (please identify days and
hours):
Humane Investigations – as needed Included billed hourly.
Administrative Investigations – as needed
(Potentially dangerous/vicious Dogs)
Included billed hourly.
Administrative Compliance (Post Hearing compliance checks)
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3. Animal Licensing
The CITY agrees to have the COUNTY provide individual animal licensing and has adopted the COUNTY fees outlined Riverside County Ordinance No, 630. The CITY agrees to have the COUNTY provide individual animal licensing and has adopted the following license fees (please provide a copy of the applicable ordinance or resolution):
Dog Licenses 1-Year Fee 2-Year Fee 3-Year Fee
Altered Dog
Unaltered Dog
Senior Altered Dog
Cat Licenses (Voluntary) 1-Year Fee
Voluntary Cat
Current license fees adopted by the CITY on October 5, 2021 CITY’s Animal Licensing contact information (if applicable):
Name:
Telephone:
Address:
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4. Outreach and Enforcement Services
Please make a selection for each of the options below:
i. Animal Facility Inspection and Licensing (Costs included in County costs - not billed)
The CITY requests that the COUNTY license animal-related facilities (including inspection) in the CITY.
No animal facility licensing services - the CITY will conduct its own licensing program for animal-related facilities. (Please provide contact information below.)
CITY’s Animal Facility contact information (if applicable):
Name:
Telephone:
Address:
A.Vaccination/Microchip/Licensing Clinic(s)
Based on the CITY’s population, the CITY, at the CITY’s expense, shall provide for a minimum of one (1) vaccination/microchip/Licensing clinic(s) per fiscal year. The CITY requests that the COUNTY provide or assist in arranging for clinics in the CITY, utilizing Department personnel at the applicable rate for staff time. The above requirement for CITY to fund Vaccination/Microchip/Licensing Clinic(s) is acknowledged by the CITY
B.Spay/Neuter Clinic(s)
Based on the CITY’s population, the CITY, at the CITY’s expense, shall provide for a minimum of one (1) Spay/Neuter clinic(s) per fiscal year. The CITY requests that the COUNTY provide or assist in arranging clinics in the CITY, utilizing Department personnel at the applicable rate for staff time.
The requirement above to fund the number of Spay/Neuter Clinic(s) listed above is acknowledged by the CITY
CITY elects to participate in the Spay/Neuter Trust to allow residents access to low-cost spay/neuter services.
No participation in the Spay/Neuter Fund.
Item 17.
5. Enforcement of Ordinances/Municipal Codes
The CITY agrees to the adoption of Ordinance No. 630 - Regulating the keeping and control of dogs, cats, and other animals and providing for the control and suppression of rabies with no exceptions.
The CITY agrees to the adoption of Ordinance No. 630 - Regulating the keeping and control of dogs, cats, and other animals and providing for the control and suppression of rabies with the following pre-approved exception(s):
(please mark all that apply)
□ Ordinance No. 630 - SECTION 12. - Mandatory Spaying and Neutering. The CITY does not require the spay/neuter of:
o Dogs
o Cats
□ Ordinance No. 630 - SECTION 13. - Mandatory Microchipping. The CITY does not require microchipping of:
o Dogs
o Cats
□ Ordinance No. 630 - SECTION 5. – Number of dogs and cats. The CITY allows for the following maximum number of animals per household:
Dogs
Cats
Total Dogs/Cats
□ Ordinance No. 878 - SECTION 5. – Noisy Animal Complaints. The CITY will conduct CITY noise complaints.
CITY’s Noise Complaint contact information (if applicable):
Name:
Telephone:
Email:
Item 17.
6. List of City Municipal Codes
Please list individual municipal code sections requested to be enforced by the COUNTY. (Please ensure your municipal code contains adequate enforcement authority.)
City Code
Number City Code Section Title
Item 17.
7. Annual/Amended Service Request Approval (As Needed)
Item 17.
ATTACHMENT B
COUNTY OF RIVERSIDE DEPARTMENT OF ANIMAL SERVICES
CITY/COUNTY SERVICES RATES
A. Billing Period
These billing rates are effective from July 1, 2025, through June 30, 2028.
B. Billing Rates
Based on CITY’s needs and System Impact
Shelter Services:
FY 2025/2026
FY 2026/2027
FY 2027/2028
$343,678
$422,292
$474,700
Field Services:
FY 2025/2026
FY 2026/2027
FY 2027/2028
$293,960
$316,186
$331,996
Additional Administrative Services
Leadership Attendance at meetings in
excess of contract allowance
1. Director = $185.03/Hour
2. Assistant Director =
$153.72/Hour
3. Deputy Director =
$142.43/Hour
Production of reports in excess of contract
allowance
Analyst = TBD/Hour
Animal Control Officer in excess of contract
allowance – Investigations/court
appearances
1. Commander =
$109.26/Hour
2. Lieutenant = $76.53/Hour
3. Sergeant = $68.62/hour
4. Animal Control Officer =
$56.62/Hour
Spay/Neuter Trust
Spay/Neuter Trust $5.00 per animal License
Item 17.
ATTACHMENT C
Rates Methodology
Cities are financially responsible for the care of animals impounded within the City’s jurisdiction and the County is responsible for the care of animals impounded within the County’s jurisdiction. When a city contracts for services, it can save by sharing resources with the County and other contracted cities.
The existing County/City contract rates model is complex, and administrative staff, county and city, are required to invest a significant amount of time preparing, reviewing, discussing and justifying billing for each of the contract cities, monthly. The current methodology also does not allow the agencies to budget for the cost of shelter services provided since they are based on the incoming animals and length of stay. The unpredictability of these shelter costs can cause a burden on contracting cities, making it hard for them to budget and pay timely. This can also cause a burden on the County in collecting these revenues. It also does not incentivize the agencies to promote animal licensing, spay or neutering of the animals, adoptions or other revenue generating activities within their jurisdictions.
The County has gone away from a per animal methodology for shelter services and developed a “Piece of the Pie” billing methodology, where each city’s contribution is based on its proportional impact to the County shelter system. The impact is calculated using a variety of factors. By distributing costs based on actual usage and demand, this approach ensures fair allocation of expenses while promoting engagement and efficient resource management. Animal Control and Sheltering costs are generally driven by:
Field Services Shelter Services
a. Calls for service a. Average Length of Stay
b. Time to complete a service call b. Number of Impounds c. Staff c. Staff
d. Administration d. Program expenses
e. Support Services e. Administration
f. Population f. Support Services
g. Facilities
h. Population
To simplify the methodology these drivers were categorized into three (3) cost pools:
a. Shelter Costs to house and care for the animals;
b. Animal Control Field Services Costs (as applicable); and c. Split costs that were allocated between the two primary categories are based on either the ratio of the shelter category costs to field category costs
Item 17.
or based on statistics provided by Animal Services for its call center.
1. SHELTER COSTS DISTRIBUTION
The costs of providing Shelter Services were determined by using three different allocation areas, based on the RCDAS FY 24/25. These allocation areas were weighted based on the impact to shelter resources:
a. Average Impound numbers (number of animals that come into the shelter for each city and the unincorporated areas of the County – Animals/month based on 30 months or the length of the contract if less than 30 months). (30% impact weight)
b. Average Length of stay (LOS) for animals per city and the unincorporated areas of the County – LOS/month based on 30 months or the length of the contract if less than 30 months.
(50% impact weight)
c. On the human population of a city.
(20% impact weight)
Within each of the allocations, spilt costs are included. The cities and the County were assigned a percentage of the cost based on their statistic or number and the ratio to the total.
2. FIELD SERVICES DISTRIBUTION
The costs of providing field services were allocated based on the minimum number of officers required – Officer + Vehicle
a. Total field service costs are divided by the total number of officers to find the annual cost per unit.
b. Overtime, overtime holiday, and vehicle lease are excluded from the total field services costs for cities.
c. Vehicle charges are added per officer vehicle, field leadership vehicle and licensing vehicle.
Only those cities who opt for Animal Control Officer Services will be allocated their piece of the costs. Within each of the allocations, spilt costs are included.
Item 17.
3. SPLIT SERVICES DISTRIBUTION
These costs consist of Administration, Facilities, and Support, each uniquely supporting either shelter or field operations and were split between Shelter and Field based on the ratio of the budgeted amounts identified as either shelter or field.
By using the piece of pie methodology, with the three different allocation areas, and then weighted based on a city’s impact to shelter resources, cities will be charged for their proportion of the total County animal shelter costs incurred during the fiscal year as illustrated below.
EXAMPLE:
Hypothetical animal sheltering services budget to distribute: $20,000,000 Total Average Impounds weighted @ 30% of costs = $6,000,000 Total Average Kenneling Days weighted @ 50% of total costs = $10,000,000 Total Population weighted @ 20% of costs = $4,000,000
City A has 2.9% of the average total impounds/yr.
City A has 2.5% of the average of Kenneling days/yr.
City A has a population that is 7% of the total served pop. (County + all contract Cities) City A: (0.029 * $6,000,000) + (0.025 * $10,000,000) + (0.070 * $4,000,000) = $704,000 City A’s future FY cost = $704,000
Paymentsof $176,000madequarterlywhichwillbereducedbyanylicensing revenue For the contract term. City A’s animal shelter budget shall follow the following three (3) year 4% fixed-rate schedule:
$704,000.00 for fiscal year 2025-2026 (contract year 1) $732,160.00 for fiscal year 2026-2027 (contract year 2) $761,446.40 for fiscal year 2027-2028 (contract year 3)
4. OTHER CONSIDERATIONS
A. Medical Costs
Medical costs (excluding spay/neuter surgeries) provided by the County’s medical staff are included in shelter costs to establish each city and the County’s rate for sheltering and are not billed separately or in addition to that rate. The County reserves the right to send any animal to a private veterinary facility for examination,
Item 17.
treatment, and/or hospitalization as the County deems necessary in its sole and absolute discretion. All expenses incurred by the County for outside medical services, for animals from a City, will be billed to the City.
B. Billing for “Legal Hold” and Other Shelter Services:
Because the Piece of the Pie Methodology is based on average intakes, Dogs and cats that are housed for a “legal hold” and other shelter services are not billed separately. The length of stay data (from intake to disposition) for each animal will be collected for future contract negotiation purposes and can be available to a city, upon request. Legal hold animals are held in accordance with applicable statutory guidelines, and/or at the sole and absolute discretion of the County based on pending or anticipated criminal, civil, or administrative action.
C. Capital Improvements
Each year this contract is in effect, the County may submit to the contracted cities during the regular budget process a request for any needed capital improvements to the Shelter. Any such request shall include a description of the requested improvements and an estimate of their cost. Contracted cities shall give good faith consideration to each request; however, it is understood that capital improvements are subject to overall city budgetary priorities and funds availability, and a city shall in no event be obligated to contribute to such capital improvements. If an emergency arises relating to Shelter maintenance during the term of this contract, the County shall advise the contracted cities within fortyeight (48) hours so that the cities may decide whether to take appropriate action.
D. Level of Field Service
a. Level of Service Specified. The County shall provide all enforcement services at the minimum level based on an average number of calls to that city.
b. Variation in Level of Service. Variations in the level of service shall be made by amendment as provided for in Section XI of this Agreement, and under the following terms.
i. If City requests an increase in the level of service to be provided under this Agreement, County agrees to provide such increased level of Service as soon as practicable.
ii. The level of service, however, may not be reduced to below the minimum level, as determined by County, required to ensure public and officer safety.
Item 17.
E. Cost Offsets
A contracted city will receive credit from the County for all applicable redemption fees collected from or on behalf of the owner of an animal that is claimed from the custody of the Department, up to the maximum amount billed to the city for that animal. The Department reserves the right to waive fees when appropriate in the Department's sole and absolute discretion.
A city will not receive any credit for adoption fees (whether paid by an individual or an organization).
F. Revenues
Revenues are applied to reduce the costs for shelter and field services.
Item 17.
DAS Proposed City Contract Rates
Attachment 2
Item 17.
Shelter Contract Rates
• Contract Rates Background
• County analyzed two cost recovery options:
Option A - Cities and County Full Share Total Shelter Costs – Piece of Pie Method Option B – Baseline Costs for County Operations Removed from the Total Shelter Costs, Remaining Costs Distributed Between Contract Cities – Piece of Pie Method 1 Attachment 2
Item 17.
Current City Shelter Contract Rates
• 16 Contract Cities - Blythe, Calimesa, Cathedral City, Coachella, Desert Hot Springs, Eastvale, Hemet, Indian Wells, Indio, Jurupa Valley, La Quinta, Palm Desert, Perris, Rancho Mirage, Riverside & San Jacinto (until FY24/25 SB Cities were included).
• In 2019 the Board of Supervisors directed RCDAS to review current contract rates and adjust contract rates accordingly.
• FY19/20 Rates increased:
* Charging for dead animal pickup/disposal & wildlife
FY20/21 Rates increased:
* Year one of three yr. increases – $20/day Kenneling day charges FY21/22 Rates increased:
* Year two of three yr. increases – $31.60/day Kenneling day charges FY22/23 Rates increased:
• Year three of three yr. increases – $34.10/day Kenneling day charges FY23/24 Rates not increased
FY24/25 Rates increased:
* SB contracts ended, Carry over charges for animals began being collected & 5% field increase applied 2 Attachment 2
Item 17.
Current City Contract Rates
• Currently,16 Cities contract with the County for Sheltering Services, while 10 Cities also contract for Field Services.
• Sheltering costs are driven by: Field Services costs are driven by:
• Average Length of Stay
• Number of Impounds
• Population
• Staff required
• Program expenses
• Administration
• Support Services
• Facilities
• Call volume
• Time required to complete a service call
• Staff required to serve the call volume
• Administration
• Support Services
• Population
3 Attachment 2
Item 17.
Background – Current City Contract Rates
• Current Field service allocation allows for:
• A fair an equitable allocation methodology, given the direct nexus to the service of an officer. • Increase 5% for Labor Costs (FY25/26).
• Current Sheltering contract allocation is unpredictable and varies:
• Is billed per kenneling day depending on the animal type and separately accounting for Operations and Maintenance and utilities.
• Causes an administrative burden on City and County Staff. Reconciliation required each month, making it difficult to budget and pay timely.
• Does not allow appropriate cost recovery.
• Focuses on Boarding – But DAS must also enhance life saving programs. 4 Attachment 2
Item 17.
Needs for DAS to Increase Live Outcomes
To Continue to Improve Live Outcomes The System Requires Enhanced Life Saving Programs:
1. An increase to Animal Care Staff
2. Enhanced Adoption and Foster Teams
3. Intake to Placement Program Support
4. Media/Marketing Team Expansion
To realize the above the Department is seeking an increase of 38 positions = $4,565,425 for the additional staff
Intake to Placement Program
1 Animal Services Manager
4 Senior Animal Services Counselors
4 Animal Services Counselors
Media Team Expansion
1 Public Information/Media Specialist
1 Administrative Services Analyst
Animal Care staffing
3 Supervising Animal Services Counselors
9 Animal Services Counselors
1 Administrative Services Analyst
Enhance Foster/Adoption Teams
3 Supervising Animal Services Counselors
10 Animal Services Counselors
1 Administrative Services Analyst
5 Attachment 2
Item 17.
Key Observations – Historic City Contract Revenue
*Average Impounds and Revenues exclude SB Cites (no longer under contract) 6 Average Funding - 2.5 years*
16 Contract Cities
28.08%
71.92%
*Unincorporated
County
$13,939,286
*Contract Cities
Combined
$5,441,446
Unincorporated
County
7,109
Contract Cities
Combined
16,992
Average Annual Impounds Over
2.5 years*
29.50%
70.50%
Attachment 2
Item 17.
Piece of Pie Methodology (MGT)
The cities and the county were then assigned an allocation percentage of the cost based on their statistic or number and the ratio to the total number.
Total Distributed Costs allocations are determined by weighted impacts:
Average
Length of Stay
(LOS)
Average
Impounds
Human
Population
Weighted Impacts
50%
30%
20%
Given the cost impacts &
challenges with Length of Stay:
A 50% allocation was used
7 Attachment 2
Item 17.
* Does not include San Bernardino Cities
Option A – Full Cost Sharing Allocation 38 Positions Added * 33,838 Total (31,470 Dogs & Cats)
8 Full Cost Sharing Allocation FY25/26
Unincorporated
County
45.94%
54.06%
Contract Cities
Combined
Total Impounds* - 2024
30.46%
69.54%
Contract Cities
Combined
23,530
Unincorporated
County
10,308
Attachment 2
Item 17.
Option A – Full Cost Sharing Allocation - 38 Staff Added Agencies
FY 24/25
Projected
Budget
FY 25/26
Shelter Costs Difference
%
Increase/Decrease -
FY25/26 vs.
FY24/25 Projected
Unincorporated, none contract,
and former contracts included $15,812,966 $12,911,070 -$2,901,896 -18% Blythe $147,581 $344,831 $197,250 134%
Calimesa $19,826 $60,740 $40,914 206%
Cathedral City $285,594 $548,572 $262,978 92%
Coachella $317,474 $560,668 $243,194 77%
Desert Hot Springs $7,210 $142,011 $134,801 1870%
Eastvale $135,319 $440,785 $305,466 226%
Hemet $895,099 $1,358,808 $463,709 52%
Indian Wells $3,159 $24,974 $21,815 691%
Indio $399,998 $913,193 $513,195 128%
Jurupa Valley $1,402,616 $2,282,795 $880,179 63%
La Quinta $85,016 $263,972 $178,956 210%
Palm Desert $186,286 $330,874 $144,588 78%
Perris $724,596 $1,331,067 $606,471 84%
Rancho Mirage $36,624 $144,297 $107,673 294%
Riverside $2,177,360 $5,188,702 $3,011,342 138%
San Jacinto $655,468 $1,254,893 $599,425 91%
City Contracts Total $7,479,226 $15,191,182 $7,711,956 103% Total Shelter Expenses $23,292,192 $28,102,252
Shelter Distribution - Full Costs Sharing With County & Needed 38 staff 9 Attachment 2
Item 17.
Option B - County Baseline Model
1. There is cost to operate the County’s shelters to support unincorporated areas even if the Cities chose not to contract with the County;
2. Life Saving Programs to would still be needed:
3. Animal kenneling days may even increase, due to reduced adoption pool;
4. Remove baseline costs (those costs that the County would have to pay to meet its obligation to the unincorporated areas).
• Implementing Option A - full cost sharing approach may not be the reasonable option for our city partners, as the rates are substantially higher with a cost sharing model.
• Accounting County Baseline Shelter Costs, a hybrid rate methodology, Option B, will be recommended to the Board of Supervisors as:
10 Attachment 2
Item 17.
Option B - County Baseline Allocation with 38 Staff Added Unincorporated
County
10,308
Contract cities
Combined
23,530
Total Impounds* – 2024
30.46%
69.54%
* Does not include San Bernardino Cities
* 33,838 Total (31,470 Dogs & Cats)
11 County Baseline Allocation Option B
County Cities
Combined
44.82%
Unincorporated
County
55.18%
Staff will be recommending option B to the Board of Supervisors Attachment 2
Item 17.
Recommended Option B - Cost Sharing County Baseline Allocation - 38 Staff Added Agencies
FY 24/25
Projected
Budget
FY 25/26
Shelter Costs Difference
%
Increase/Decrease -
FY25/26 vs.
FY24/25 Projected
Unincorporated, none contract,
and former contracts included $15,812,966 $15,505,884 -$307,082 -2% Blythe $147,581 $285,983 $138,402 94%
Calimesa $19,826 $45,741 $25,915 131%
Cathedral City $285,594 $452,190 $166,596 58%
Coachella $317,474 $474,700 $157,226 50%
Desert Hot Springs $7,210 $108,654 $101,444 1407%
Eastvale $135,319 $342,600 $207,281 153%
Hemet $895,099 $1,100,295 $205,196 23%
Indian Wells $3,159 $18,683 $15,524 491%
Indio $399,998 $751,839 $351,841 88%
Jurupa Valley $1,402,616 $1,874,662 $472,046 34%
La Quinta $85,016 $203,126 $118,110 139%
Palm Desert $186,286 $256,652 $70,366 38%
Perris $724,596 $1,114,579 $389,983 54%
Rancho Mirage $36,624 $120,374 $83,750 229%
Riverside $2,177,360 $4,410,879 $2,233,519 103%
San Jacinto $655,468 $1,035,411 $379,943 58%
City Contracts Total $7,479,226 $12,596,368 $5,117,142 68% Total Shelter Expenses $23,292,192 $28,102,252
Shelter Distribution - County Baseline Option With 38 Needed Additional Staff 12 Attachment 2
Item 17.
Implementation Approach
13 • Field Labor Rates to be increased 5% for FY25/26, FY26/27 & FY 27/28 • Shelter Rate Increases to be distributed over a three-year phase-in period. • Shelter Increases would begin January 1st, 2026 – Budget FY25/26 for ½ yr. • Updated Contracts/Facilitation Include:
Payments to County made Quarterly.
Reconciliation annually, Based on each city’s LOS/Impounds/Population allocation Cities will be asked provide Spay/Neuter Clinic(s) in their City Opt-in to a Spay/Neuter Trust to fund clinic(s)
Cities will be asked to provide Vaccination/Microchip/Licensing Clinic(s) in their City Attachment 2
Item 17.
Thank you
Attachment 2
Item 17.
STAFF REPORT
9/10/2025
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Director of Economic Development
SUBJECT: Approve a Sponsorship Request for COFEM in the Amount of $50,000 to Provide Immigration Services and Mobile Immigration Clinics in the city of Coachella
STAFF RECOMMENDATION:
Staff recommends that the City Council considers approving a sponsorship request for the Council of Mexican Federations in North America (COFEM) in the amount of $50,000 to provide immigration services and mobile immigration clinics in the city of Coachella.
BACKGROUND:
The Fiestas Patrias / El Grito event was cancelled by KUNA Telemundo out of regard and caution for the Coachella Valley's immigrant community. COFEM then approached the city with an alternative way to celebrate community heritage by becoming a part of the reimagined campaign spearheaded by KUNA Telemundo around Hispanic Heritage Month, that prioritizes community safety, cultural pride, and powerful storytelling. COFEM is proposing to bridge immigration barriers by providing accessible routes to citizenship and legal status through application assistance, application fee support, and mobile clinics. For more than thirty years (30), the Council of Mexican Federations in North America (COFEM) has been dedicated to advancing the Latino community through public policy, community organizing, education, and cultural projects— COFEM is a trusted community organization with an office in the city of Coachella.
DISCUSSION/ANALYSIS:
Through this collaboration, COFEM proposes to provide:
Application support services for U.S. Citizenship, DACA renewals, and residency renewals. Educational workshops on Know Your Rights and Family Preparedness This partnership will expand access to trusted, culturally competent, and linguistically accessible services for immigrant families in Coachella, helping them thrive and build secure futures.