2011/01/18 Quail Valley Environmental Coalition Septic Tank MoratoriumMOU between the City of Menifee and the Quail Valley Environmental Coalition
This MOU is made this eighteenth day of January, 2011 by and between the City
of Menifee ("City") and the Quail Valley Environmental Coalition ("QVEC") for the
purposes set out here.
RECITALS
A. The City of Menifee includes an area known as "Quail Valley" where
residences and some commercial uses were allowed to develop without
connection to a sewer system;
B. Quail Valley is characterized by personal, on -site sewage treatment systems
(i.e. septic systems) many of which are failing because of installation in
shallow bedrock and for other reasons; and
C. In 2006, the Regional Water Quality Control Board investigated and then
regulated development within Quail Valley (and specifically within areas 4 and
9) as a result of such failing septic systems; and
D. In 2006, as required by the Regional Board, the County also placed a
moratorium on development within those areas of Quail Valley because of
such failing septic systems, which moratorium was passed on to the City; and
E. Quail Valley is within the jurisdiction of Eastern Municipal Water District
("Eastern") for sewer services;
F. The septic leakage in Quail Valley has been a factor in run-off into Canyon
Lake, which belongs to Elsinore Valley Municipal Water District ("EVMWD");
and
G. The City, Eastern, EVMWD and Canyon Lake, with representatives of the
Quail Valley community, informally worked together throughout 2009 to
develop a report on the status of septic systems in Quail Valley and on plans
to provide sewer to Area 9 followed by other areas; and
H. Representatives of these parties, acting in their personal capacity, now have
formed QVEC, a non-profit corporation with a pending IRC Section 501(c)(3)
determination, to move to phase two of that project; and
I. The public purpose of QVEC, as set out in its Articles and Bylaws, is to
research and apply for grants for education of the Quail Valley community
and studies (including but not limited to financial and environmental studies)
for providing sewer to Quail Valley, and to date QVEC has obtained at least
$10,000 in grant funding; and
J. Eastern has provided grant money to QVEC for this purpose and
contributions from other governmental agencies are pending as well; and
K. The City Council of Menifee finds that such expenditure of public funds is for
a public purpose which will benefit the citizens of Menifee as well as those of
surrounding areas.
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Now, therefore, the parties agree as follows:
1. Recitals. The recitals set out above are true and correct.
2. Menifee Grant: Upon execution of this MOU, the City shall provide to QVEC a
grant of $10,000 during the 2010-2011 fiscal year which QVEC shall utilize only
for the public purposes set out in its Articles and Bylaws. The City may determine
any additional or future funding as part of its budget process. The funds provided
are a grant and QVEC has no obligation to repay them to City.
3. .QVEC Information provided to Menifee: On or before August 1, 2011, QVEC
shall provide Menifee with a brief narrative accounting for the use of such funds
(if they have been expended) or the proposed use and timing. QVEC shall
provide information to the Menifee City Manager or his designee upon request
therefore. QVEC shall maintain all records required by a California non-profit
under the California Corporations Code and as required by the Internal Revenue
Service and shall provide copies to Menifee upon written request therefore.
4. Miscellaneous: This Agreement is the entire agreement between the parties and
supersedes all others, oral or written. It may be amended only in writing
approved by the authorized representatives of each party. No waiver of any term
or condition of this Agreement shall be a continuing waiver thereof.
CITY:
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Steve Harding, Interim City Manager
Dated:
QVEC:
Ron Sullivan. Board President
Dated: Zd//
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