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HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 9/21/2006REDEVELOPMENT OPERATIONS MANAGER STEVEN PASAROW San Jacinto Unified School D►strictBoard 045 South San Jac►nt0;'Avenue- San Jacinto,'Californi GANIZATIOCV..; 1 GaIIto 0rde vocat►on edge of Allegiance;` iecial.`Presentations Piesentation:af cileck`10r;$3; replacement:etthe;Commun Supervisor usiness Spotlight of the Month / Economic Development Specialis ecign►tion of Nancy Patton nd the San Jacinto Valley cogn►t►on;of Battalion Chief Bob;Michael an Caplan: anchez for their restoration work of the "S" PUBLIC' ommg. TS: low is the tunethe for public to address'the Council on ariy subject within the jurisdiction of th ity Council'not listed on .the; agenda `. A limitation of three (3) r mutes shall be setfor each erson desiring to address the:City Council City Gouncil'Agenda September21, 2406 Page 2 of 5..:` ONSENT CALENDAR The: matters• listed under se Connt Calendar are considered routine and will be ,enacted byyone motion by City Council Members.in the form listed. There wilt be no separate discussion on these,' items prior to'the motionmembers of the CityCouncil, staff or the, public requests; a; specified.item be'reinoved anal/or discussed,:.tf an item is pulled, it will be heard of the end: of number `5: 'Staff Reports '' 3.1 Warrants at September 21, 2006 / Approve / Finance Director 3.2. Action Minutes September 7, 20•06, regular meeting /Approve /City:Clerk 3.3 Installation of 4-way stop sign at Warren Road -and Cottonwood Avenue / Approve / City Engineer Acceptance of dedication of 10,890 sq. ft. from Santa Fe Partners for street widening along the east side of Santa Fe Avenue and north Esplanade Avenue Acceptance of dedication of 1,357.90 seg: ft from Blue Fountain Park to accommodate street improvements aloni' San. Jacinto-= Avenue f Approve / City Manager Approve $2,500 for sponsorship of the Riverside County Fair- and National DDate Festival, and the Jacqueline Cochran Air Show •/ Approve / City Manager Renewal of lease 'agreement with'Family Services Association of Western Riverside County for the senior nutrition site located at the Community: Center / Approve / City Manager Lyon Avenue Flood Control Basin (Project No. 05-111) / Reject all bids received and Authorize City Clerkto re -advertise for grading only bids /Approve / City Engineer Resolution:No.` / A :Resolution initiating annexation of territory (commonly• known • as `CDI-San . Jacinto 1 `; LLC for T30597) into Assessment District 2003-1 for road, street and highway maintenance Annexation No. 23 / Approve and Adopt / Special Tax Consultant and. City Attorney 10 Resolution No. / P, Resolution approving the engineer's report for annexation of territory commonly known as CDI-San Jacinto l LLC for T30597 into Assessment District 2003-1 for road,street and highway: maintenance - Annexation No. 23 /:Approve and Adopt / Special Tax Consultant and City Attorney esolutiori;No 1. A-Resolution:cerfi �nd:adding propeity carnonly,known=s ai it ties District No. 2003=1.far Police>an �nrexationNo ;38 /Approve and Adoppt �Ity Attorney Council Agenda ptember 21, 2006 Page .3:of the results. of anelectio'n. ct:3059 , into Conimunity I re: Services tCFD, 2003=1 special Tax Consultant an 0. 2.(isLPD:Nt% 2}.l i nexation i294};/ /Special:Tax Consultant Resolution No., / A'Resolution initiating proceedings for;the Annexation of property;into LLPD:No 2 Annexation No 62 / Approv{ and Adept Resolution No:_ / A Resolution approving the Engineer's Report fore Annexation No. 62 into'LLPD::No 2 /:Approve and Adopt Resolution No J A°tesolution decianng intention to annex property into LLPD N0 2 - Annexation Na 62 IApprove and Adopt Public Hearing:/. At the conclusion of the public hearing if the. City determin. m es that, aajority protest does not exist, by:'motion;approve tl certification of:the election, results for adding certain property into LLPI No 2 known as,Annexation No. 62 / Approve and Adopt; Resolution No J A Resolution ordering:annexation of; territory: into LLPD No. 2 acid levying assessments rdinence No 06;23 !An Ordinance amending the local deveiapnient' itigation feefor the MSHCP / Approve_ introduction and first reading o rdinance No 06=23 and ;by further motion read by;title only: Ari Ordinance of. the City Council of tr e Cityof San Jacinto Amending the Local :Development Mitigation Fes for'Fu,ndirig thee . Preservation of,;Natural;Ecosystems inAccordance with the; Weatern Riverside County.Multiple Species; Habitat Conservation STAFF :REPORTS' At the end of the scheduled City. Departmenttems, anyone wLstring to discuss a consent calendar item should corne forward upon °invitation of the;Mayor; state their address,:acid tliecon :sent calendar item nunmberpulled. ;Speakers`should limd comrrients fo;titree 3} mutes esolutiorr:No / A''Resolutionsupporting;Measure: pitied, School District Construction; Modernization and:I choal Bond 200.6 /:Approve and_Adopt/ City Manager City Council Agenda;' September• 21,, 2006 • PaaeA4 of-5 Drainage and mud, flow problems or Soboba Road north of Lake Park Drive /Discussion and direct staff / City Engineer Ordinance;No. 06-22 / An Ordinance conditioning development ofproperty within area affected by the San Jacinto: River Levee / Approve. introduction and first reading,of Ordinance No.;06-22 and by further motion read by title only:. .. An Ordinance of the. City Council of the City of San Jacinto;' California, Conditioning the Development of Property within certain areas on the Financing of Improvements for the San Jacinto River Levee,; Stage 4 Valley Watch's request for`$10.000 sponsorship l Direct staff l City Manager lernorandum of Agreement between the City and. Shea Homes / Approve nd authorize Mayor to execute document 1 City Attorney MAYOR / GOIJNCiL MEMBER`REPORTS 1,DISCUSSI©NS egionaIAgency Agendas:/ Receive and.Fiie / Cify Cle ;ouricil Members' Reports CLOSED SESSION ADJOURNMENT If you challenge any action of the City Council in court, you Maybe limited to raising only•those issues you or: someone else raised at the public hearing described: in this notice, or:in;, written; correspondence delivered 'to the City Council "(Old the City Clerk) at, ,or prior to;: the public CHALLENGE TO LAND USE DECISIONS: Any person seeking-to.challenge a.decision regarding land use mpdeby the': City Council: as a result of a: proceeding in which-bylaw:a. hearing. is required tb: be_.given, evidence:is:required to be taken, and thediscretion in.,the„determination of facts is vested in: the City- Council;; shall be required tc: commence'that action 90 days following the: date on .which the; decision of the City Cout becomes'•fnal as provided in Cade of Civil Procedure Section 9094.6. Please refer to Code of Civil Procedure Section :1094; 6 to, determine how to :calculate when a ,decision ;becomes final, :: ,' tt'is the intention oftha 'City-of_Sar Jacinto te;comply:with the Americans'with Disabilities Act (RGA� in a respects If, "as an; attendee or a participant at this meeting, or:in" meetings on ;a regular basis,' you wi need special ;assistance beyond what:is normally provided; the,City wi l attempt to accommodate,. you i every reasonable manner: "Please contact"Gity Hall at`(951J 537-6358,: at least 48 hours prior to":fh, meeting to'inforrn us:of your particular, needs and to cletermrne if accommodation is feasibie. orothy L; houi going agenda; tIi fsa 2006, as cznto, uired QthyL: G'fiqu AGENDA REGULAR MEETING of the SAN JACINTO REDEVELOPMENT AGENCY of the CITY OF SAN JACINTO SEPTEMBER 212006 mediately Following the:Regular City Council eetin 'San; Jacinto Unified School: District, Board: Room 2045 South San Jacinto:Avenue,.San Jacinto; California . ORGANIZATION: 1.� Call to Order 1.2 Roll Call PUBLIC COMMENTS Now is the time for the public to address the Agency on any subject not fisted on the agenda. Any person rnay address the. Agency on any subject pertaining to Redevelopment Agency business not listed on the Agenda during this portion of the Meeting. A limitation of three (3) minutes shall be set for each person desiring to address the Agency Directors. . CONSENT CALENDAR The matters listed under Consent Calendar are considered routine and wilt be enacted by one 'motion by Agency Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the' Redevelopment Agency; staff or the public requests a specified item be removed andior discussed. If an item is pulled, it will be heard at the end of number 'b. Staff Reports' September 7, 2006 Regular RDA Minutes l.Approve I Agency Secrete. PUBLIC HEARING STAFF REPORTS At the end of the scheduled City Department items, anyone wishing to discuss a consent calendar item should come forward upon invitation of the. Chairman,- state their name, address, and the consent calendar item number pulled. Speakers should limit comments to three (3) minutes: Redevelopment Agency Agenda September 7; 2006 Page 2 of CHAIRPERSON) MEMBER REPORTS I DISCUSSIONS OPEN:SESSION ANNOUNCEMENTS'' CLOSED. SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property Assessor Parcel Nos: APNs 439-110-096; 439-110-032; 439-110--031; 439-110-025 Agency negotiator Executive Director and City Attorney Negotiating parties: Lucia Development LLC Under negotiation: Price and Terms ADJOURNMENT It is the:intention of the:City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects : it, es an attendee or a participant at this Meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt -to accommodate you in :every reasonable manner. Please contact City Hall at (951) 537. 63$8, at least 48-hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. If you challenge any action of the Redevelopment Agency Board in court; you may be lirnited to raising only those issues you or someone raised at the public hearing described in this notice, or in written correspondence delivered to the Redevelopment Agency (c/o Redevelopment Secretary):at, or prior to, the public hearing: I,, (orotky L. Cfiouinard,, Secretary of the San Jacinto. devefaprnentAgenry, do he 6e posted the foregoing agenda the 15t6 day of Septein6er, 2006, as' iequired 6y law fiat`J caused to orathy L. Chouinarrf, g Secreta AGENDA ITEM September 21, 2006 TO: The Honorable Mayor and Members of the City Council FROM: City Engineer and City Attorney SUBJECT: Introduction of Ordinance No. "22- an Ordinance Conditioning the Development of Property within Certain Areas on the Financing of Improvements for the San Jacinto River Levee, Stage 4 RECOMMENDATION: By motion, introduce Ordinance No. 06-22 an Ordinance Conditioning the Development of Property within Certain Areas on the Financing of Improvements for the San Jacinto River Levee, Stage 4 and by further motion read by title only. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, CONDITIONING THE DEVELOPMENT OF PROPERTY WITHIN CERTAIN AREAS ON THE FINANCING OF IMPROVEMENTS FOR THE SAN JACINTO RIVER LEVEE, STAGE 4" BACKGROUND: The City Council has directed City staff and its consultants to move forward with the necessary studies and financing mechanisms for the San Jacinto River Levee, Stage 4. Several steps are required in order to form such a financing mechanism, the first of which is the adoption of a resolution of intention. The City Council would then conduct a public hearing and adopt a resolution establishing the community facilities district (CFD), Prior to establishing the CFD, City staff and its consultants believe that it would be prudent to impose on new developments affected by the Levee project conditions that assist in the formation of such a CFD. DISCUSSION: California's Subdivision Map Act (Gov. Code, § 66485) authorizes the City to impose, by ordinance, a requirement that improvements installed a subdivider for the benefit of a subdivision must contain supplemental size, capacity, number, or Approvals City Manager Page 1 of 3 Finance Director length for the benefit of property not included within the subdivision, and that those improvements be dedicated to the public. Therefore, from a legal and regulatory standpoint, the City could, if it wished to do so,. require developments in these areas to construct the Levee project. However, practically speaking, such a condition would be a difficult one to meet. Therefore, City staff and its consultants recommend that the condition described in the attached ordinance be imposed. Under this condition, development projects within the floodplain will be required to either form or join a CFD for the financing of the Levee project. No permits will be issued until the plans for the Levee project are approved, financing is in place and all necessary right of way is acquired. However, developments may proceed prior to all of these occurring if the development forms/joins the CFD, flood -proofs its project. and dedicates any required right of way. Also residential occupancy permits in excess of 80% of the project will be withheld pending completion and acceptance of the master drainage plan facilities. For those developments outside of the floodplain, but within a larger area that benefits from the Levee project, the developments are required to flood -proof their projects and either form or join the CFD. In addition, occupancy permits in excess of 80% of the project will be withheld pending completion and acceptance of master storm drain facilities. The condition for joining a CFD has been used successfully by the City in the past. For example, in 2003, the City required developments to join a CFD to pay the costs of police and fire personnel. Other cities have also used similar conditions requiring the forming or joining of a public financing district to fund the costs associated with new developments. The condition withholding certificates of occupancy beyond the first 80% is a condition that the City has been implementing for nearly a year now, based on concerns expressed by Council that interim storm drain facilities not be allowed to become permanent. The following San Jacinto General Plan Goals and Policies will be furthered by the adoption and implementation of this ordinance: Land Use Goal 2: Manager and direct growth so that the community and its neighborhoods are protected and enhanced. • Policy 2.4: Ensure that adequate infrastructure and public services are provided in concert with development so that no negative fiscal or service impact occurs as a result of new development. • Community Services and Facilities Goal 8: Work effectively with providers of flood control services and facilities to provide and maintain sufficient levels of service. Page 2of3 • Policy 8. 1: • Public Safety • Policy 1.5: Ensure that adequate flood control facilities are provided to protect the lives and property of San Jacinto's residents. Goal 1: Minimize the risk of injury and the loss of life and property related to geologic conditions, seismic activity, wildfires; and flooding. Protect the community from flooding hazards by providing and maintaining flood control facilities and limited development within the flood plain. As part of the City's ongoing efforts to involve all stakeholders in this important project, City staff and its consultants discussed the need for this ordinance at the City's Levee subcommittee meeting several months ago, and asked for stakeholder input at that time. In addition, in late August, the City provided a draft of the condition to stakeholders, soliciting input. (See attached list of recipients). The City received a response from a local property owner and developer, Mr. Bob Osborne, Sr., which is also attached to this staff report. ALTERNATIVES: 1) Consider and, by motion. proposed ordinance. 2) Continue or take no action. FISCAL IMPACT: conduct the first reading and introduce the This ordinance is not anticipated to have any direct budgetary impact. The purpose of the ordinance is merely to require new development that benefits from the levee project to pay its fair share. In addition, the City has entered into a cooperative agreement with the County Flood Control District to share in a portion of the costs of designing and constructing the levee project. ATTACHMENTS: Proposed Ordinance No. 06-22 List of Recipients of Draft Condition Response from Mr. Bob Osborne, Sr., dated September 8, 2006 Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF SAN JACINTO ) ORDINANCE NO. 06-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, CONDITIONING THE DEVELOPMENT OF PROPERTY WITHIN CERTAIN AREAS ON THE FINANCING OF IMPROVEMENTS FOR THE SAN JACINTO RIVER LEVEE, STAGE 4 WHEREAS, California's Subdivision Map Act (Gov. Code, §§ 66410 et seq.) authorizes the City of San Jacinto ("City") to regulate the design and improvement of subdivisions within the corporate limits of the City; and WHEREAS, Government Code section 66485 provides that there may be imposed by local ordinance a requirement that improvements installed the subdivider for the benefit of the subdivision shall contain supplemental size, capacity, number, or length for the benefit of property not included within the subdivision, and that those improvements be dedicated to the public; and WHEREAS, the City Council of the City of San Jacinto ("City Council") has determined that properties both within the existing flood plain (as depicted in Exhibit "A" . attached hereto and incorporated by reference herein) (the "Floodplain'') and adjacent thereto (as depicted in Exhibit "B", attached hereto and incorporated by reference herein) ("CFD Area") will benefit from the design, construction and maintenance of the San Jacinto River Levee, Stage 4 project; and WHEREAS, the following General Plan Goals and Policies will be furthered by the adoption and implementation of this Ordinance: Land Use Goal 2: Manager and direct growth so that the community and its neighborhoods are protected and enhanced. Policy 2.4: Ensure that adequate infrastructure and public services are provided in concert with development so that no negative fiscal or service impact occurs as a result of new development. Community Services and Facilities Goal 8: Work effectively with providers of flood control services and facilities to provide and maintain sufficient levels of service. Policy 8.1: Ensure that adequate flood control facilities are provided to protect the lives and property of San Jacinto's residents. Public Safety Goal 1: Minimize the risk of injury and the loss of life and property related to geologic conditions, seismic activity, wildfires, and flooding. Page 1 of 5 Policy 1.5: Protect the community from flooding hazards by providing and maintaining flood control facilities and limited development within the flood plain. WHEREAS. City Staff has concluded that the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (Pub. Resources Code, §§ 21000 et seq.) ("CEQA") because the Ordinance not an essential step in a chain of events leading to a change in the physical environment" because: (1) the adoption of this Ordinance will not necessarily create a need for the Levee project; (2) the construction of the Levee project is not entirely dependent on the adoption of this Ordinance; (3) regardless of whether this Ordinance is adopted, the Levee project may have to be constructed; and (4) CEQA review would be premature because no definite plans have been formed as to where or when to construct the Levee project (State CEQA Guidelines, § 15061(b)(3); Kaufman & Broad -South Bay, inc. v. Morg&rn Hill Unified School District, (1993) 9 Cal.App.4th 464); and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred. THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES ORDAIN AS FOLLOWS: SECTION 1: The following condition shall be included, and shall be deemed included, on every subdivision map, including, without limitation, any parcel map, tract map, or vesting map, within the CFD Area of Floodplain, that is approved, amended or otherwise modified, following the effectiveness of this Ordinance: "For subdivision maps within the San Jacinto River Floodplain, the City of San Jacinto will not allow the issuance of any permits (including, without limitation, grading permits, building permits, or certificates of occupancy) or the recordation of any map until the plans for San Jacinto River Levee Stage 4 are approved and permitted, financing for construction of the levee provided, and all required rights -of -way acquired. Alternatively, any subdivision map within San Jacinto River Floodplain that proposes construction and occupancy prior to the time all of such conditions are met shall be required to form or join a public financing district (community facilities district, etc.) for the levee project, flood proof the subdivision and dedicate any required right-of-way for levee and other drainage infrastructure prior to issuance of any occupancy permit. Occupancy permit for greater than 80% of proposed units within such subdivision shall be withheld until completion and acceptance of all applicable storm drain lines and connection to San Jacinto River pursuant to on -going master plan. Page 2 of 5 For subdivision maps outside of the San Jacinto River Floodplain (but within the CFD Area), prior to issuance of any permit (including, without limitation, grading permits, building permits, or certificates of occupancy) or recordation of any final map, such subdivision shall be flood -proofed and the subdivision shall form or join a public financing district (community facilities district, etc.) for the levee project. Occupancy permit for greater than 80% of proposed units within such subdivision shall be withheld until completion and acceptance of all applicable storm drain lines and connection to San Jacinto River pursuant to on -going master plan." SECTION 2: If any provision or clause of this Ordinance is held invalid, such invalidity shall not affect other provisions of this Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are declared to be severable. SECTION 3: The City Council hereby finds and determines that, in accordance with the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, because the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (Pub. Resources Code, §§ 21000 et seq.) ("CEQA") because the Ordinance not "an essential step in a chain of events leading to a change in the physical environment" because: (1) the adoption of this Ordinance will not necessarily create a need for the Levee project; (2) the construction of the Levee project is not entirely dependent on the adoption of this Ordinance; (3) regardless of whether this Ordinance is adopted, the Levee project may have to be constructed; and (4) CEQA review would be premature because no definite plans have been formed as to where or when to construct the Levee project (State CEQA Guidelines, § 15061(b)(3); Kaufman & Broad -South Bay; Inc. v. Morgan Hill Unified School District, (1993) 9 Cal.App.4th 464). City staff is hereby directed to file with the County Clerk a notice of exemption within three (3) working days of the adoption of this Ordinance. SECTION 4: This Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of the fifteen (15) days from the passage thereof, the Ordinance or a summary of the Ordinance shall be published at least once in a newspaper of general circulation in the City of San Jacinto; and thereafter this Ordinance shall be in full force and effect. INTRODUCED at a regular meeting of the San Jacinto City Council on September 21, 2006. Page 3 of 5 APPROVED, PASSED AND ADOPTED this day of 2006 by the following vote: Ayes: Nays: Absent: Abstain: ATTEST: Dorothy L. Chouinard, City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF SAN JACINTO City of San Jacinto By Dale Stubblefield, Mayor CERTIFICATION ) ) ss. I, Dorothy L. Chouinard, City Clerk of the City of San Jacinto, do hereby certify that the foregoing Ordinance No. 06-22_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 21st day of September, 2006, and that thereafter, said Ordinance was duly adopted and passed as a regular meeting of the City Council on the day of , 2006.: 2006. WITNESS MY HAND AND OFFICIAL SEAL this day of Dorothy L. Chouinard, City Clerk - 4 - V 118IHXg Total Land Recoved From Floodplain 1900 Acres Existing Floodplain Staln 440 riAQ 8 118IHXD Legend Residential - 2284 Acres Commercial- 108 Acres Industrial- 740 Acres CFD Benefit Boundary Existing Floodpiain i. istrihut<i8'-'et' List Na:%^FFe Members: Adam Corral Amy Fain Barbara Murakami Ben Parry Bill Dick Blaine 'Gamer Bob Edmonds Bob Osborne Bob Perkins Caries Casielianc,, Charles Rolling Charlie Bachm=;ru; Chris Enohceo Dan Boyd Dan Powell Dave Jeffens David Morgan David Sanche.- Diane Wirth Don Lehr Don Newell Frank Gorman Gary Wesch Grant Ross Hasar Noun Jason Lee Jeff Ballinger Jeffifer Harry Jenne!! Lawrence Jim Holes Joel Hernandez John Capeili John Fong Jon Myhre Joseph Caldwell Ken Gotihelf Lawence Buxton Lynn Johnson M Smith Mark Hamilton Megan Whieldon Mike O'Melven Mike Record Moe Ahrnadi Nikki Chumley Patrick Richardson Randy Williams Rick Scianni Robert Morgan Sam Alhadeff Scott Hildebrandt Sharon Duensing Sjia Azirnie Stuart McF i hben Wayne Chang v@ge ioIl ` Jeff S.Ralll0aer Frorm Bob Osborne. Sr. [bob@,, osbornedevGloprnent.com J Sent: Friday, September OG'2O0G3:40PK8 To� hmot|mgh@oanjaoinloua.ue co, dstubb|efin|d@eanianint�nca.uo�J'ayme@sanjaoin"Loca.us;bmnn|e|ian@�ean]suinioosus: thu|b;@oanaoin\oraua;Js�S. "IaUinger�'Gooe4ksrsz':'KIiimiRodiguaz':'8Lk(NEV�O�4ER ENGINEERING': 'JhnUnland' Subject- San Jacinto River Levee importance. High I am in receipt of your memo dated August 25. 2006 regarding Froposed Language — Conditions of Approval|or Development Pr ��ermvmw|ng�ame|oukad�ha�*o snQinoensthat consult for OebnrneDev*\npmen�Corporation 1or*vies/and cornnne�Nonyouronaft. 7-|eaee§m� be|uwtheir\akounyourproposa|.}be|ievethnirnonnmer-Isarese|fexp|ansioryandro8ectMheuonxernaof Osborne Development Curporadon Blaine Womer'smmmcnis "The following ioB|ainauresponse [orthedraft. AL�L*rthe fast psnagi aph8|ainehanv;hften, The City has rationalized that projects lyinc outside of the Sari Jacinto River Flocc, PlEJr, alSo '-,e-jcfi1 fcsFn tr-,� levee project. Projects outside of the flood 'plain have to incorporate flood proiections as no -ma:, huvisvel, 'hJs draft document proposes ahold on'[helast 2O%ofncoupanoipcuntil master p|anfuci|ihen({.e-,n1nnndrains;�o| would empty detention basins) are 000aLructediothe rivor.This could obvioun�}pfroJeoto+ha-,sre|oca�ed oigniUcondyaouthnfthehvor|anNngdmwnst,eumtad|iheu Suzanne for Blaine VYum&' Jim Unland'scomments: "Bob, `~ Regarding the draft condition of approval for projects developed in the San Jacinto River flood plain in thE City ul' San Jacinto, It appears that projects lying outside of the SJR flood plain are to be treated more harshly than those lying within the SJRflood plain. Projects within the flood plain simply flood proof 'the project and dedicate hUhi-ol- wuy!or,|uuaums.futmreOoudvnntm|faci|bieuxhwwnonthannastard:aioagap|anfordheCky&rmreixe occupancy permits (this appears to be allowed in the "alternatively" portion of the condition). there does riot appear 'to hmany requirement for downstream storm drains to be in place to fully develop an -if future project lyino within the SJR flood plain. For projects outside the SJR flood plain, they not only have to join the benefli district but the luil con, pletion of the project ixheld hostage until the downstream master planned storm drain faci|idaoare inplace. Y0ehave not attended all the meetings about the levee project as they move s00000 slow, but from other conversations with Habib in the recent past I believe the City is trying to eliminate the storm water detention basins on future projects, thus the need tor the downstream facilities hnhecompleted. Storm vvm<erdetention basins are not mentioned in the Cit/stext ausmitigation for increased downstream runoff. | suppose the second sentence inthe second paragraph have been intended 0obeaseparate parsanaph. thus pertaining to projects whether in nrout o|the SJRDuod piain, but hwasn't published that way. JimUn|and" Thank you, Bob Osbortw 0sbooeDevelopment Corporutou 30001[nour:io Rancho Santa Margarita, CAA%688 949888 3822 91/]2/2006 AEIDA 3 ACTION MINUTES REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL SEPTEMBER 21, 2006 7:00 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California 1. ORGANIZATION 1.1 Call to Order Mayor Dale Stubblefield opened the regular meeting of the San Jacinto City Council at 7:05 p.m. 1.2 Roll CaII Present: Jim Ayres, Robert Ritchie, Dale Stubblefield Absent: Chris Carlson Buydos, Ken Shaw 1.3 Invocation Reverend. Bob Sauter, Faith Tabernacle, gave the invocation. 1.4 Pledge of Allegiance Council Member Ayres led the Pledge of Allegiance. 1.5 Special. Presentations 1.5.1 Presentation of check for $3,782 to the City for furniture replacement at the Community / Senior Center / Riverside County. Supervisor Stone This item postponed until arrival of Supervisor Stone. 1.5,2 Business Spotlight of the Month / Economic Development Specialist Delgado's Mexican Restaurant recipient. Hector Delgado accepting. 1.5.3 Recognition of Nancy Patton for her volunteer service to the City and the San Jacinto Valley City Council Action Minutes September21, 2006 Page 2 of 10 Ms Nancy Patton was unable to attend tonight's meeting. Per Nancy's request, Elizabeth Haugen read a for -the -record statement by Nancy. Thank you for the opportunity to be a part of the great city of San Jacinto for the past 13 years. All of you in the city government offices and Council have become FRIENDS to me. I have loved being involved with you on different events. The annual Veteran's Day event, the National Day of Prayer, ground breaking and ribbon cuttings, planning meetings for the Independence Day celebration and parades, filling up huge containers with water balls for the Council to throw in the parades, the Entertainment for the Estudillo Mansion for the 4th of July celebration, Christmas tree lighting ceremony with snow in San Jacinto, and making over 80 yards of yellow ribbons and wrapping all the trees at Druding Park. There is one event you asked me to work on and that really touched Larry and my heart, and that was the Vietnam moving wall. That awesome event we will never forget. It brought unity and a deep sense of patriotism with healing to so many people, even for Larry who is a Vietnam Veteran. Your city should be proud with all that you have done and I know will continue to do. I am a little jealous that elections are in November, I have seen Dale and John's campaign signs, and 1 will not be here to help on your campaigns. I wish you both good luck. I remember attending the Council meeting that you voted to keep prayer in the opening of your meetings. 1 believe you are being blessed because of this. It is also exciting to see Nancy Ayres running for school board. Now it is your turn, Jim, to go door-to-door for your wife. I wish her much success. Thank you for allowing the city Queens and 1 at so many events and thank you for the great orientations as the contestants teamed about your city, for that knowledge will be with them for a long time. 1 will keep in touch, and may God bless all that you put your hand to. Your friend forever, Nancy Patton Following the reading, Ms Haugen accepted the plaque on Nancy's behalf. 1.5.4 Recognition of city employees for their dedicated years of service — Alex Garcia - 25 years; Grace Alvarez - 20+ years; and Tim Hults 15 years Plaques were presented to all recognized staff. City Council Action Minutes September21, 2006 Page 3 of 10 1.5.5 Recognition of Battalion Chief Bob Michael and Captain Sam Sanchez for their restoration work on the "S." Mayor Stubblefield presented plaques to Battalion Chief Michael and Captain Sanchez. 1.5.6 Presentation of check for $3,782 to the City for furniture replacement at the Community / Senior Center / Riverside County Supervisor Stone This item continued from earlier. Supervisor Stone presented check for $3,782.00 to the City. 2. PUBLIC COMMENTS: • Viet Tran, Representing Southern California Edison, 26100 Menifee Road, Romoland • Don Leslie, 1793 Messina Drive, San Jacinto 3. CONSENT CALENDAR 3.1 Warrants at September 21, 2006 / Approve / Finance Director 3.2 Action Minutes September 7, 2006, regular meeting / Approve / City Clerk 3.3 Installation of 4-way stop sign at Warren Road and Cottonwood Avenue / Approve / City Engineer 3.4 Acceptance of dedication of 10,890 sq. ft. from Santa Fe Partners for street widening along the east side of Santa Fe Avenue and north of Esplanade Avenue 3.5 Acceptance of dedication of 1,357.90 sq. ft. from Blue Fountain Park to accommodate street improvements along San Jacinto Avenue / Approve / City Manager 3.6 Approve $2,500 for sponsorship of the Riverside County Fair and National Date Festival, and the Jacqueline Cochran Air Show / Approve / City Manager City Council Action Minutes September21, 2006 Page 4 of 10 3.7 Renewal of lease agreement with Family Services Association of Western Riverside County for the senior nutrition site located at the Community Center / Approve / City Manager 3.8 Lyon Avenue Flood Control Basin (Project No. 05-111) / Reject all bids received and Authorize City Clerk to re -advertise for grading only bids / Approve / City Engineer 3.9 Resolution No. 2971 / A Resolution initiating annexation of territory (commonly known as CDI-San Jacinto 1 LLC for T30597) into Assessment District 2003-1 for road, street and highway maintenance Annexation No. 23 / Approve and Adopt / Special Tax Consultant and City Attorney 3.10 Resolution No. 2972 / A Resolution approving the engineer's report for annexation of territory (commonly known as CDI-San Jacinto 1 LLC for T30597) into Assessment District 2003-1 for road, street and highway maintenance - Annexation No. 23 / Approve and Adopt / Special Tax Consultant and City Attorney Council Member Ritchie pulled Items 3.3, 3.7, and 3.8 to be heard at the end of 5.0 Staff Reports. M/S/C (Ayres / Ritchie) moved to approve the balance of the Consent Calendar as presented. Motion carried 3/0. Ayes: Ayres, Ritchie, Stubblefield Nays: None Absent: Buydos, Shaw Abstain: None 5.0 Staff Reports was heard out of order. 4. PUBLIC HEARING 4.1 Resolution No. 2973 / A Resolution certifying the results of an election and adding property commonly known as Tract 30597 into Community Facilities District No. 2003-1 for Police and Fire Services (CFD 2003-1, Annexation No. 38 / Approve and Adopt / Special Tax Consultant and City Attorney Mayor Stubblefield opened the Public Hearing at 9:12 p.m. No one was present to support or oppose Resolution No. 2973. City Clerk Chouinard reported no written comments were received and certified the election results, noting the majority is in favor of the annexation and assessment. Mayor Stubblefield closed the Public Hearing at 9:13 p.m. City Council Action Minutes September 21, 2006 Page 5 of 10 M/S/C (Ayres / Ritchie) moved to approve and adopt Resolution No. 2973 as presented. Motion carried 3/0. Ayes: Ayres, Ritchie, Stubblefield Nays: None Absent: Buydos, Shaw Abstain: None 4.2 Landscaping, Lighting, and Park District No. 2 (LLPD No. 2) Annexation No. 62 (Lennar Homes of California Inc T31294) / Special Tax Consultant and City Attorney a) Resolution No. 2974 / A Resolution initiating proceedings for the Annexation of property into LLPD No 2 — Annexation No. 62 / Approve and Adopt b) Resolution No. 2975 / A Resolution approving the Engineer's Report for Annexation No. 62 into LLPD No. 2 / Approve and Adopt c) Resolution No. 2976 / A Resolution declaring intention to annex property into LLPD No. 2 — Annexation No. 62 / Approve and Adopt d) Public Hearing / At the conclusion of the public hearing if the City determines that a majority protest does not exist, by motion approve the certification of the election results for adding certain property into LLPD No. 2 known as Annexation No. 62 / Approve and Adopt Resolution No. 2977 / A Resolution ordering annexation of territory into LLPD No. 2 and levying assessments Mayor Stubblefield opened the public hearing at 9:14 p.m. No one was present to support or oppose Resolution Nos. 2974, 2976, and 2977. City Clerk Dorothy Chouinard reported there were no written protests. Mayor Stubblefield closed the public hearing at 9:15 p.m. M/S/C (Ayres / Stubblefield) moved to approve and adopt Resolution Nos. 2974, 2975, 2976 as presented. Motion carried 3/0. Ayes: Ayres, Ritchie, Stubblefield Nays: None Absent: Buydos, Shaw Abstain: None Mayor Stubblefield opened the public hearing at 9:14 p.m. No one was present to support or oppose Resolution Nos. 2974, 2976, and 2977. City Clerk Dorothy Chouinard reported there were no written protests and that a majority of the assessment ballots submitted are in favor of the said annexations and levying of assessments. Mayor Stubblefield closed the public hearing at 9:15 p.m. City Council Action Minutes September 21. 2006 Paoe 6 of 10 M/S/C (Ayres / Stubblefield) moved to approve and adopt Resolution No. 2976 as presented. Motion carried 3/0. Ayes: Ayres, Ritchie, Stubblefield Nays: None Absent: Buydos, Shaw Abstain: None 4.3 Ordinance No. 06-23 / An Ordinance amending the local development mitigation fee for the MSHCP / Approve introduction and first reading of Ordinance No. 06-23 and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto Amending the Local Development Mitigation Fee for Funding the Preservation of Natural Ecosystems in Accordance with the Western Riverside County Multiple Species Habitat Conservation Plan There were no public comments in support or opposition of Ordinance No. 06-23. Mayor Stubblefield opened the Public Hearing at 9:17 p.m. No one was present to support or oppose Ordinance No. 06-23. City Clerk Chouinard reported no written comments were received. Mayor Stubblefield closed the Public Hearing at 9:18 p.m. M/S/C (Ayres / Ritchie) moved to approve introduction and first reading of Ordinance No. 06-23 as presented. Motion carried 3/0. Ayes: Ayres, Ritchie, Stubblefield Nays: None Absent: Buydos, Shaw Abstain: None These Items were heard prior to 4.0 Public Hearing. 5. STAFF REPORTS 5.1 Resolution No. / A Resolution supporting Measure V — San Jacinto Unified School District Construction, Modernization and Improvement School Bond 2006 / Approve and Adopt / City Manager This item was moved to the October 19, 2006 Regular Meeting. 5.2 Drainage and mud flow problems on Soboba Road north of Lake Park Drive / Discussion and direct staff / City Engineer City Council Action Minutes September21, 2006 Page 7 of 10 Staff directed to bring back to Council for the October 19, 2006 Regular Meeting. With the caveat that the City Manager spend the budget money and additional funding will have to be brought back to City Council. Public Comments: Christina Maxwell, Representing Soboba Springs, 701 Verona Avenue, San Jacinto Boss Hahn, Representing self and Soboba homeowners, 993 Verona Avenue, San Jacinto Don Leslie, 1793 Messina Drive, San Jacinto Vinay M. Rao, 42021 Granite View Drive, San Jacinto City Council directed staff to schedule a meeting in two weeks when staff has information to present to the Community. Mayor Stubblefield recessed the regular meeting at 8:25 p.m. and reconvened at 8:40 p.m. 5.3 Ordinance No. 06-22 / An Ordinance conditioning development of property within area affected by the San Jacinto River Levee / Approve introduction and first reading of Ordinance No. 06-22 and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto, California, Conditioning the Development of Property within certain areas on the Financing of Improvements for the San Jacinto River Levee, Stage 4 There were no public comments in support or opposition of Ordinance No. 06-22. M/S/C (Ayres / Ritchie) moved to approve introduction and first reading of Ordinance No. 06-22 presented. Motion carried 3/0. Ayes: Ayres, Ritchie, Stubblefield Nays: None Absent: Buydos, Shaw Abstain: None 5.4 Valley Watch's request for $10,000 sponsorship / Direct staff / City Manager Frank Gorman, representing Valley Watch, 800 E. Florida Avenue, Hemet, spoke City Council Action Minutes September 21, 2006 Pape 8 of 10 M/S/C (Ayres / Stubblefield) moved to approve $10,000 sponsorship to come from the General Fund as presented. Motion carried 3/0. Ayes: Ayres, Ritchie, Stubblefield Nays: None Absent: Buydos, Shaw Abstain: None 5.5 Memorandum of Agreement between the City and Shea Homes / Approve and authorize Mayor to execute document / City Attorney Public Comments: Jim Holas, representing Shea Homes, 1250 Corona Pointe Court, Suite 600, Corona, spoke. M/S/C (Ayres / Stubblefield) moved to direct staff to change section 7 to bond instead of letter of credit. Motion carried 3/0. Ayes: Ayres, Ritchie, Stubblefield Nays: None Absent: Buydos, Shaw Abstain: None Items pulled from Consent Calendar were heard at this time. 3.3 Installation of 4-way stop sign at Warren Road and Cottonwood Avenue / Approve / City Engineer M/S/C (Ritchie / Ayres) moved to approve as presented. Motion carried 3/0. Ayes: Ayres, Ritchie, Stubblefield Nays: None Absent: Buydos, Shaw Abstain: None 3.7 Renewal of lease agreement with Family Services Association of Western Riverside County for the senior nutrition site located at the Community Center / Approve / City Manager M/S/C (Ritchie / Ayres) moved to approve as presented. Motion carried 3/0. Ayes: Ayres, Ritchie, Stubblefield Nays: None City Council Action Minutes September21, 2006 Page 9 of 10 Absent: Buydos, Shaw Abstain: None 3.8 Lyon Avenue Flood Control Basin (Project No. 05-111) / Reject all bids received and Authorize City Clerk to re -advertise for grading only bids / Approve / City Engineer M/S/C (Ritchie / Ayres) moved to approve as presented. Motion carried 3/0. Ayes: Ayres, Ritchie, Stubblefield Nays: None Absent: Buydos, Shaw Abstain: None Mayor Stubblefield recessed the regular meeting to consider the agenda of the Redevelopment Agency at 9:30.p.m. Mayor Stubblefield reconvened the regular meeting at 9:31 p.m. 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 6.1 Regional Agency Agendas / Receive and File / City Clerk 6.2 Council Members' Reports Council Members gave their reports. 7. CLOSED SESSION No items for closed session. City Council Action Minutes September 21, 2006 Page 10 of 10 8. ADJOURNMENT With no further business before the City Council, Mayor Stubblefield recessed the Regular Meeting at 9:50 p.m. ATTEST: Dorothy L. Chouinard, City Clerk City of San Jacinto By Dale Stubblefield, Mayor Approved as read: Approved as amended: venue hairman Dale St bblefield;calied edevelc�prrent Agency to, order a BL1C COMM crate;-stubb 6, F: REPORT EN..SESSlON ANNOUNCE OSED'SESSION