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HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 1/19/1993AGENDA SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS ll-IE REDEVELOPMENT AGENCY AND INDUSTRIAL DEVELOPMENT AUTHORITY DATE: January 19, 1993 TIME: 7:30 P.M. PLACE: COMMUNITY CENTER 625 South Pico San Jacinto, California 1.0 CALL TO ORDER Roll Call Moment of Silence for Reflection Pledge of Allegiance 2.0 REDEVELOPMENT AGENCY 3.0 SPECIAL PRESENTATIONS 3.1 Donation Presentation from the Fun House RECOMMENDATION: Accept donation and present Certificate of Appreciation. 3.2 Service Recognition Award for Mary Ann Smith RECONNIENDATION: Recognition for five years of service. 3.3 Graffiti Prodamation - Chadwick Af2S� Uf 2_! 4.0 PUBLIC COMMENTS Any person may address the Council on any subject pertaining to city 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 Council. 5.0 CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and will be enacted by one motion by the City Council in the form listed. There will be no separate discussion on these items prior to the motion unless members of the City Council, staff or the public requests specified items to be removed and/or discussed. Anyone wishing to discuss a Consent Calendar item should come forward, upon invitation of the Mayor, state their name, address and the Consent Calendar item number. Speakers should limit comments to three minutes. 5.1 Minutes of Regular Meeting of January 5, 1993 RECOMMENDATION: Approve the Minutes of the Regular Meeting of January 5, 1993, as presented. 5.2 Minutes of Special Meeting of January 7, 1993 RECOMMENDATION: Approve the Minutes of the Special Meeting of January 7, 1993, as presented. 5.3 Minutes of Adjourned Meeting of January 8, 1993 RECOMMENDATION: Approve the Minutes of the Adjourned Meeting of January 8, 1993, as presented. 5.4 Minutes of Special Meeting of January 12, 1993 RECOMMENDATION: Approve the Minutes of the Special Meeting of January 12, 1993, as presented. 5.5 Warrant Register RECOIVNINDATION: Approve Warrant No. 31107 through 31266 dated January 15, 1993 in the amount of $52,398.36 and payroll check numbers 21675 through 21773 dated January 15, 1993 in the amount of $144,092.28. 5.6 Claim - Ramon Ruiz - File # JS 93-15 RECOMMENDATION: Reject the daim as recommended by the Claims Adjustor pursuant to Government Code Section 913. 5.7 Claim - Antonia Ruiz Delgado -File # JS 93-15 RECOMMENDATION: Reject the daim as recommended by the Claims Adjustor pursuant to Government Code Section 913. 5.8 Revised Threshold for Determining Timing of Public Improvements RECOMMENDATION: Waive the reading in full and read by title only, and adopt (Second Reading) Ordinance No. 974 2 ORDINANCE NO. 974 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CAUFORNIA, AMENDING CHAPTERS 12 AND 15 OF THE MUNICIPAL CODE, SECTIONS 12.08.020, 12.08.060 AND 15.04.010 RELATED TO TIMING AND EXEMPTION OF PUBLIC IMPROVEMENT CONSTRUCTION 5.9 1991 Uniform Building Codes (U.B.C.) and Related Codes and Standards RECOMMENDATION: Waive the reading in full and read by title only, and adopt (Second Reading) Ordinance No. 975 adopting the 1991 Uniform Building Codes (U.B.C.) and Related Codes and Standards. ORDINANCE NO. 975 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ADOPTING THE 1991 UNIFORM BUILDING CODE AND ANNUAL SUPPLEMENTS, THE 1991 UNIFORM BUILDING CODE STANDARDS, THE 1991 UNIFORM MECHANICAL CODE, THE 1991 UNIFORM PLUMBING CODE, THE 1991 UNIFORM ADMINISTRATIVE CODE, THE 1991 UNIFORM HOUSING CODE, THE 1991 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, THE 1991 UNIFORM SIGN CODE, THE 1991 UNIFORM SECURITY CODE, THE 1991 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, THE 28TH EDITION OF THE 1991 ASTM STANDARDS IN BUILDING CODES, INCLUDING APPENDICES AND ANNUAL PUBLISHED SUPPLEMENTS OF THE ABOVE NOTED CODES. THE ABOVE CODES ARE AS ADOPTED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS, AND THE STATE OF CALIFORNIA 5.10 1991 Uniform Fire Codes (U.F.C.) and Related Codes and Standards RECOMMENDATION: Waive the reading in full and read by title only, and adopt (Second Reading) Ordinance No. 976 adopting the 1991 Uniform Fire Codes (U.F.C.) and Related Codes and Standards with certain amendments. ORDINANCE NO. 976 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ESTABLISHING A FIRE AND SAFETY INSPECTION PROGRAM; ESTABLISHING CERTAIN FEES; ADOPTING THE UNIFORM FIRE CODE, 1991 EDITION, MATH CERTAIN AMENDMENTS, THE UNIFORM FIRE CODES STANDARDS, 1991 EDITION, AND THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS 13, 1991 EDITION, 13-D, 1991 EDITION, AND 13-R, 1991 EDITION; PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS USES OR OPERATIONS; ESTABLISHING A BUREAU OF FIRE PREVENTION, PROVIDING OFFICERS THEREOF AND DEFINING THEIR POWERS AND DUTIES, AND; REPEALING ORDINANCE NO. 917 5.11 Earthquake Hazard Reduction in Existing Buildings RECOMMENDATION: Waive the reading in full and read by title only, and adopt (Second Reading) Ordinance No. 977 approving the Earthquake Hazard Reduction in Existing Buildings. ORDINANCE NO. 977 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ADDING CHAPTER 15.17 TO TITLE 15 OF THE SAN JACINTO MUNICIPAL CODE REGARDING EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS 5.12 Norton Air Force Base Defense Finance and Accounting Service Center RECOMMENDATION: Adopt Resolution No. supporting the location of a Department of Defense, Defense Finance and Accounting Service (DFAS) Center at Norton A.F.B. RESOLUTION NO. to A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, SUPPORTING THE LOCATION OF A DEPARTMENT OF DEFENSE, DEFENSE FINANCE AND ACCOUNTING SERVICE (DFAS) CENTER AT NORTON AF.B. 5.13 Community Facilities District No. 3, Annexation No. 4 RECOMMENDATION: Adopt Resolution No. adopting the preliminary Boundary Map showing the territory proposed to be annexed to the existing district; and Resolution No. dedaring intention to annex and setting the matter for Public Hearing on March 2, 1993. RESOLUTION NO. ZF . ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ADOPTING BOUNDARY MAP SHOWING TERRITORY TO BE ANNEXED TO AN EXISTING CONIWIIUNITY FACILITIES DISTRICT RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, DECLARING INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 5.14 Community Facilities District No. 2 Phase II Improvements Notice of Completion RECOMMENDATION: Approve and aci-Ppt the off -site improvements for CFD No. 2, Phase II which have been completed by Genesis Construction and authorize the filing of a Notice of Completion. 4 5.15 Deferred Compensation Plan RECOMMENDATION: Adopt Resolution No. amending the City's deferred compensation plan to include Lincoln National Life Insurance Company as a program administrator. RESOLUTION NO. Z-4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CAUFORNIA, AMENDING THE CITY'S DEFERRED COMPENSATION PLAN AS PREVIOUSLY ADOPTED BY RESOLUTION NO. 1931 END OF CONSENT CALENDAR Motion by: Seconded by: to approve consent calendar items 5.1 through 5.15, and adopt Ordinance No. 974 through Ordinance No. 977, and adopt Resolution No. through Resolution No. 6.0 PUBLIC HEARINGS 6.1 Graffiti Abatement - Beautification Ordinance Amendment (continued from 1-5-93) RECONIVIENDAIION: \Naive the reading in full and read by title only, and introduce (First Reading) Ordinance No. repealing Ordinance No. 954 amending the Beautification Ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO OF SAN JACINTO, CALIFORNIA, AMENDING CHAPTER 8.04 TO TITLE 8 OF THE SAN JACINTO MUNICIPAL CODE AND REPEALING ORDINANCE NO. 954 RELATING TO CONVMUNITY BEAUTIFICATION 6.2 1991 Uniform Fire Code (U.F.C.) - Fees - (continued from 1-5-93) RECOMMENDATION: Adopt Resolution No. establishing fees relative to the Uniform Fire Code and related codes and standards. RESOLUTION NO. 24 677 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ESTABLISHING A SCHEDULE OF FEES AND CHARGES FOR CERTAIN SERVICES PERFORMED FOR AND OR BY THE CITY OF SAN JACINTO FIRE DEPARTMENT AND THE MI11GA11ON OF THE IMPACTS OF NEW COMMERCIAL AND INDUSTRIAL DEVELOPMENT ON THE CITY OF SAN JACINTO FIRE DEPARTMENT 6.3 1991 Uniform Building Code (U.B.C.) - Fees - (continued from 1-5-93) RECONIUIENDATION: Adopt Resolution No. establishing fees relative to the Uniform Building Code and related codes and standards. RESOLUTION NO. 2 q, r A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ESTABLISHING A SCHEDULE OF FEES AND CHARGES FOR CERTAIN SERVICES PERFORMED FOR AND OR BY THE CITY OF SAN JACINTO FIRE AND LIFE SAFETY DEPARTMENT IN ACCORDANCE WITH CITY OF SAN JACINTO ORDINANCE NO. 975 7.0 CITY DEPARTMENTS 7.1 Update on Lake Park Dr. Road Crossing and Northwest Area Flooding - Evans RECOMMENDATION: Receive Oral Report 7.2 Parkway Master Plan - Evans RECOMMENDATION: Approve and adopt the Parkway Master Plan prepared by Kammeyer and Associates dated October 6, 1992 with revisions on October 29, 1992 and December 2, 1992. 7.3 Social Service and Non -Profit Organizations Fee Waivers - McNabb RECOMMENDATION: Adopt Resolution No. thereby establishing Council policy for budget allocations and/or fee waivers for social service agencies and non-profit organizations. RESOLUTION NO. Z,69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA DETERMINING THAT BUDGET ALLOCATIONS AND FEE WAIVERS MAY BE GRANTED TO SOCIAL SERVICE AGENCIES AND NON-PROFIT ORGANIZATIONS 7.4 19th Year Community Development Block Grant (CDBG) Calendar Outline- Anderson RECOMMENDATION: Receive Oral Report 7.5 Land of the Free Movie - McNabb RECOMMENDATION: Receive oral report and possible action on related issues. 6 8.0 MAYOR/ COUNCILMEMBER REPORTS/DISCUSSIONS 8.1 Joint Sessions with City of Hemet RECOMMENDATION: Confirm a Joint Meeting to discuss a Joint Powers Agreement and potential joint projects, tentatively scheduled for February 9, 1993 at 6:30 P.M. at the City of Hemet, and March 2, 1993 at 6:00 P.M. at the City of San Jacinto. 9.0 CLOSED SESSION 9.1 Foredosure Assessment District 87-1, pursuant to Government Code Section 54956.9, for Pending Litigation 10.0 ADJOURNMENT Motion by: Vote: Seconded by: Action: to adjourn. I, Maurice Armster, do hereby certify that I caused to be posted the foregoing agenda this 15th day of January, 1993, as required by law. Maurice Armster, City Clerk Deputy City Clerk 7 COUNTY OF RIVERSIDE RESOLUTION NO. CITY OF HEMET RESOLUTION NO. CITY OF SAN JACINTO RESOLUTION NO. A JOINT RESOLUTION OF THE COUNTY OF RIVERSIDE, CITIES OF HEMET AND SAN JACINTO, CALIFORNIA, TO COMMIT THEIR RESOURCES TO A GRAFFITI -FREE VALLEY WHEREAS, graffiti and related criminal activity has created a threat to the security and well being of the citizens and businesses of the San Jacinto Valley; and WHEREAS, it is imperative that a visible, active and unified effort to combat such activity be made by all San Jacinto Valley residents; and WHEREAS, it is incumbent upon elected officials and community leaders to protect property, prevent crime, and keep the San Jacinto Valley beautiful; and WHEREAS, the Valley Gang Task Force, the Hemet -San Jacinto Board of Realtors, the Hemet and San Jacinto School Districts, the City of Hemet, the City of San Jacinto, and the County of Riverside, along with concerned citizens are sponsoring a campaign to stop and remove graffiti and its underlying causes; and WHEREAS, San Jacinto Valley leaders of business, schools, government, law enforcement, media, religious institutions, service organizations, senior citizens, parents, and youth will demonstrate their commitment to a clean and beautiful San Jacinto Valley by participating in a graffiti removal campaign on Saturday, January 23, 1993. NOW, THEREFORE, be it resolved by the City of Hemet, the City of San Jacinto, and the County of Riverside, that all three agencies do hereby commit their resources to ensure the success of a graffiti -free San Jacinto Valley; and that the foregoing three agencies do hereby state their intentions to see that perpetrators of graffiti receive the maximum penalty allowed by law; and that all members of the community are encouraged to participate in this effort by reporting any locations of graffiti to the 24 hour Graffiti Removal Hotline (909) 765-2309, by volunteering their time to remove graffiti in their immediate neighborhoods, and by participating in volunteer community patrols to report graffiti vandals to law enforcement agencies. APPROVED AND ADOPTED this 19th day of January, 1993. vote: ATTEST: Kay Ceniceros, Riverside County Supervisor Ken Wolford, City of Hemet Mayor Henry Hafliger, City of San Jacinto Mayor STATE/ OF CALIFORNIA COUSTTY OF RIVERSIDE I, Maurice Armster, City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. was adopted at a regular meeting of the San Jacinto City Council on January 19, 1993, by the following vote: AYES: NOES: ABSENT: ABSTAIN: WITNESS MY HAND AND OFFICIAL SEAL this day of January, 1993: , City Clerk of the City of Hemet, do hereby certify that the foregoing Resolution No. was adopted at a regular meeting of the Hemet City Council on January , 1993, by the following vote: AYES: NOES: ABSENT: ABSTAIN: WITNESS MY HAND AND OFFICIAL SEAL this day of January, 1993: , the Clerk of the Board of Supervisors, do hereby certify that the foregoing Resolution No. was adopted at a regular meeting of the Riverside County Board of Supervisors on January , 1993, by the following vote: AYES: NOES: ABSENT: ABSTAIN: WITNESS MY HAND AND OFFICIAL SEAL this day of January, 1993: ip;-41} STATE A -4%,'1(0' 44445. ND RAt1ONA SAN JACINTO PLAZA $54-0053 City Man ger Pam Easter and Member,'of the San Jacinto City Council Dear Pam and Council Members: THE FUN HOUSE has recently opened in the San Jacinto Plaza with the goal to encourage family fun and offer incentives for responsible behavior. We want to offer young people and their families an alternative to drugs and alcohol abuse. If we can reach these young minds early on, with positive reinforcement from their families, we stand a good chance that they will avoid the kind of association which leads to destructive behavior. We recognize however that the City has the enormous task of dealing with daily crime and consequently does not have the resources for law enforcement in the drug/alcohol abuse area. The job is overwhelming but every citizen - every business - every church - every school must do their part if we are to control the undesirable element that would take away our country's future generations. Please accept the enclosed check for $250.00 as our contribution towards your law enforcement efforts. We appreciate your efforts and the efforts of Chief Kozma and his officers. Sincerely, 7/ Jack Matlock GAMES :i;'.i,: POOL :I,:f::i; PRIZES PRIVATE PARTIES BY RESERVATION *.i.:i~ FAMILY FUN S C;H(ltll **: (HI IR.rFt *c csic rHAR.ITY *:ic:k FI IA1f} P JSFR.S 3. STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Lu Ann Chadwick Via Pamela S. Easter, City Manager DATE: January 19, 1993 SUBJECT: SERVICE RECOGNITION AWARD FOR MARY ANN SMITH RECOMMENDATION : It is recommended that the City Council recognize this outstanding employee for her five years of service. BACKGROUND : Mary Ann Smith has served the City of San Jacinto for the past five years as the account derk in payroll. She was responsible for implementing the conversion to the HTE payroll system in 1990. She is dedicated to her work and the City, never leaving a task until she has completed it. She feels uncomfortable about taking vacation or sick leave, because she hates to inconvenience her fellow employees with her absence. She is the first to volunteer to assist someone else and has participated in a number of employee committees. She has been taking dasses at U.C.R. in fund accounting to further improve her job skills. She is an asset to the City in every way. Pwz.oefamation «WNIElEa�l,, J,y'ia :raffia and 'LELatEd CT i,n naL a lVL t/Rai e2£ [atEd a tkz gat to t�Z£/i/EeuzitJ,LJ/ and 0 ELL UELnIIIII/Qlll Or 2ESLdEntS and L7U.iLnEi1E1 and✓it LS Lmr1E'LC1�fkUE that a ULSLULE and unitiEd Ef O'LtJUE/dEmOnitZatEd. tLo teEE1 tILE UaLLEII LTEaLth uL, 12TOLEC'.f i'LO%2E'LL,, and I ;c'LEUEnt c'LLm. ; andnI J VV4£TL/Eai, th£ { Va[LE 1anC�'_jjQSIZ/�o'LGE, Jthe citL£i o(i -EmEt and anc aeLnto, and tJZE County Oj C LUE iSLQE. aLOn9 wttfi concE'LfEdl �cLtiZEns aZE 1 onioZ�LnC� a ain/aLgJn to 'tErO✓UE/and. 3to�2 Q'Laft a✓nd 'L£LatEil �2TOLTLEm1 and LEacLE'LS Cn 1Tu✓SLnE11, icnoOLi, AOUE'LnmEnt, nEL4Ti JmEdia, 2ELL9Loui LniLLLLLLtLOn1, 5.Eni02i, /a'LEnti and 9outn uTiff dEmonit'CaLE tIZEL'L ^_ommLtmEnt to a G'LEan and gEautL LL UaLLE/ on VV.CL EdnEia /, ,lanua'Ll.� 2?, 1993. l ✓ /'VOpL4i, g E'LEfO'LppE, tAE City Council ofthe p�1t11 of an _Lacinto, (]ati o'Lnia, COE. bE'LELy 'Loc[aLm t%ZEL'L iuiltzo•JTt and commit tILEL2 TE1Ou'LCE1 tO EnSU'LE Lh8 iucaEi . O a 'Ld LtL- 'LEE valley an LntEnR to iEE tJat E'L Et'Lato'Li o 2a CLL wtll''LECELUE tRE 9 f�� .� � � f9 f maxLmum pEnatty adowEd L y and anEncou'LL LagEi a^LtizEni to pa'LtLcipatE and iufipogi thL1 Et10Tt. c EnT.y atfL, ayoz STAFF REPORT TO: Mayor and Members of the City Council FROM: Pamela L. Lee, Deputy City Clerk DATE: January 19, 1993 SUBJECT: Minutes of Regular Meeting January 5, 1993 RECOIVWIENDATION: Approve the Minutes of the Regular Meeting of January 5, 1993, as presented. / MINUTES SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND INDUSTRIAL DEVELOPMENT AUTH ' +TY JANUARY 5, 1993 1.0 CALL TO ORDER The Regular Meeting of the San Jacinto City Council was called to order by Mayor Hafliger at 7:40 P.M. in the Community Center, 625 South Pico, San Jacinto, California. Present: Councilmembers Ford, Leahy, Solorio, Williams and Mayor Hafliger Absent: None A Moment of Silence was observed for Reflection. The Pledge of Allegiance was led by Mayor Hafliger. 2.0 REDEVELOPMENT AGENCY None 3.0 SPECIAL PRESENTATIONS 3.1 Prodamation - Law Enforcement Explorer Post 347 Mayor Hafliger made a presentation to the members of Explorer Post 347. 4.0 PUBLIC COMMENTS Kevin Walker, representing the San Jacinto Chamber of Commerce, commended the City on their program of graffiti removal. Urged emphasis on prevention with strict enforcement and community involvement, induding citizen patrols. Chamber would continue to support the City's efforts. City Manager Easter advised that Chief Chadwick would be providing an update on the graffiti removal program later on the agenda. 5.0 CONSENT CALENDAR A MOTION was made by Councilmember Leahy, seconded by Councilmember Solorio to pull item 5.16 from the Consent Calendar for separate action. Motion carried on a 5-0 vote. January 5, 1993 A MOTION was made by Councilmember Leahy, seconded by Councilmember Ford to approve the consent calendar as presented, with the exception of item 5.16. Motion carried on a 5-0 vote, except 5.17 being a 4-0-1 vote with Mayor Hafliger abstaining. 5.1 Minutes of Regular Meeting of December 15, 1992 Approved the Minutes of the Regular Meeting of December 15, 1992, as presented. 5.2 Warrant Register Approved Warrant No. 30963 through 31106 dated December 31, 1992 in the amount of $490,961.33 and payroll check numbers 21472 through 21578 dated December 18, 1992. 5.3 Treasurer's Report - November 1992 Received and filed. 5.4 Claim - Alexander Vallejo Jr. Approved the daim of Alexander Vallejo, Jr. in the sum of $1,646.00 as settlement in full of all claims. 5.5 Second Reading Ordinance No. 971 - Regulating Food Establishments Waived the reading in full and read by title only, and adopted Ordinance No. 971, Regulating Food Establishments CE NO. 971 AN • `II CE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALJFORNIA, a NG RIVERSIDE COUNTY • - RI E No. 492.7 INC WDED HEREIN AS EXHIBIT "A" TO ALLOW THE COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH TO REGULATE FOOD EST, SHMENTS AND RESTAU A TS IN THE CITY AND REPEALING THE PREVIOUS ORDINANCES RELATED THERETO 5.6 Second Reading Ordinance No. 972- Zoning Ordinance Amendment 7-92 VVaived the reading in full and read by title only, and adopted Ordinance No. 972, approving the Change of Zone Amendment 7-92. 0'1 CE NO. 972 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING ZONING ORDI CE AMENDMENT AMENDING ORDINANCE 340 OF THE CITY OF SAN JACINTO 2 January 5, 1993 5.7 Second Reading Ordinance No. 973- Trip Reduction Ordinance Waived the reading in full and read by title only, and adopted Ordinance No. 973, approving the Trip Reduction Ordinance. ORDINANCE NO. 973 AN • - • I CE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, RELATING TO • -`LE SOURCE AIR POLLUTION REDUCTION THROUGH REDUCING MOTOR VEHICLE TRIPS AND MOTOR VEHICLE MILES TRAVELED 5.8 Change Order #1 - Park Hill Tank and Transmission Main Approved Change No. 1, in the amount of $74,602.98, to the Park Hill Tank and Transmission Main project contract with Advance Tank. 5.9 Notice of Completion (Ramona Expressway Rehabilitation Approved and accepted the pavement improvements on Ramona Expressway between Sanderson Avenue and State Street and authorized the City Clerk to file a Notice of Completion. 5.10 Resolution to Establish a Program That Allows Restricted Use Of Temporary Off -Site Real Estate Directional Signs Adopted Resolution No. 2089 to establish program guidelines that would allow the limited use of Temporary Off -site Directional Real Estate Signs. RESOLUTION NO. 2089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CAUF• ` 'IA, OF INTENTION TO ALLOW Y OFF SITE - ESTATE DIRECTIONAL SIGNS AT SELECTED LOCATIONS AS IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO 5.11 Records Management & Retention Program Adopted Resolution No. 2090 establishing a Records Management Program and Records Retention Schedule and repealing all former resolutions in conflict. RESOLUTION NO. 2090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIF • ' IA, EST 1= SHING POLICIES FOR RECORDS EMENT, INCLUDING A UNIFORM FILING SYSTEM, A RETENTION SCHEDULE AND A ONE TIME DISPOSAL OF RECORDS A 3 January 5, 1993 5.12 Revised Threshold for Determining Timing of Public Improvements Waived the reading in full and read by title only, and introduced Ordinance No. 974. ORDINANCE NO. 974 AN .'I CE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIF* - IA, • NDING C • RS 12 AND 15 OF THE MUNICIPAL CODE, SECTIONS 12.08.020, 12.08.060 AND 15.04.010 RELATED TO TIMING AND ON OF PUBLIC IMPROVEMENT CONSTRUCTION 5.13 Tract 23790 Reduce/Release of Bonds (Community Bank - formerly Friedman Homes) Location: South of Evans Street, and east of Los Rosas Road with Specific Plan 1-88 Reduced/Released the following bonds for Tract 23790. Released Bond #985387S (Street Improvements) in the amount of $160,208.00, Reduced Bond #985388S (Water Improvements) from $56,615.00 to $28,308.00, Reduced Bond #985389S (Sewer Improvements) from $58,659.00 to $29,329.00, and Released Bond #985391S (Monument Bond) in the amount of $5,500.00. 5.14 Tract 23791 Reduce/Release of Bonds (Community Bank - formerly Friedman Homes) Location: South of Evans Street and west of Old Mountain Avenue with Specific Plan 1-88 Reduced/Released the following bonds for Tract 23791. Reduced Bond #985392S (Street Improvements) from $209,281.75 to $136,33.00, Reduced Bond #985393S (Water Improvements) from $74,650.00 to $26,127.00, Reduced Bond #985394S (Sewer Improvements) from $71,817.00 to $35,909.00, and Released Bond #985396S (Monument Bond) in the amount of $5,300.00. 5.15 Amendment to Council Rules and Procedures Adopted Resolution No. 2091 amending the City Council Rules of Procedure, and repealing the former rules contained in Resolution No. 2023. RESOLUTION NO. 2091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, REPEALING RESOLUTION NO. 2023 AND APPROVING AMENDED RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND AC11V11ES 4 January 5, 1993 5.17 Establishment of Policy Regarding Existing Dairy Uses Upon Annexation Confirmed staff determination that full implementation of existing County approval subsequent to annexation is not considered enhancement of dairy uses subject to Ordinance No. 340. ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE ACTION: 5.16 Downtown Conceptual Plan Agreement/Keith Suchow Councilmember Leahy voiced concern that in the past programs had been undertaken by the City prior to any commitment from the property owners, who subsequently did not take advantage of them. Suggested that such a commitment be obtained in writing from the two major property owners. Mayor Hafliger explained that the idea of Suchow was to put a plan together which was conceptual, not a specific overall plan and the City would do some repaving and resurfacing, which would not necessarily involve owners of property. However, for completion, agreement from property owners would be required. This was more limited in scope and would give an idea of what the area could look like. Cited also, how this could be used as a tool to sell the idea to property owners. Community Development Director McNabb advised that the matter had been previously presented in a study session, at which time it was advised that the budget had an allocation for repaving Main Street. It was determined that there was an interest in induding amenities such as landscaping, parking area, benches and light posts. It was felt that rather than coming back at a later date and redoing the work, that it would be more efficient to complete at once time. This would also give the local businesses a perspective of what it could look like in the future. Councilmember WIliams felt the plan would demonstrate a commitment from the City and would help securing commitments from property owners and show the potential of what could be. Obtained clarification from staff that the worse case scenario would be the City had a plan to work with for improvements. Also, merchants had made the request for the improvements and it would seem to be a good way to secure consensus for the design. City Manager Easter advised that the purpose was to have an architect who could set vision and give input on what to do with the facades, help the City with design perspective for landscaping and curb cutouts, and be responsive to the local merchants to make the streets more visually attractive to shoppers. 5 January 5, 1993 A MOTION was made by Councilmember Leahy, seconded by Councilmember Solorio, prior to hiring Keith Suchow to direct staff to secure a written commitment from the two major property owners for making improvements to the downtown area. Motion failed on a 2-3 vote with Councilmembers Ford, Williams and Mayor Hafliger dissenting. A MOTION was made by Councilmember Ford, seconded by Councilmember Williams to award the contract to Keith Suchow for the design service related to the development of Main Street area design standards in an amount not to exceed $5,000.00. Motion carried on a 4- 1 vote with Councilmember Leahy dissenting. 6.0 PUBLIC HEARINGS 6.1 Adoption of 1991 Uniform Building Codes (U.B.C.) and Related Codes and Standards (continued from 12-15-92) Fire Chief Chadwick gave a presentation as contained in the staff report on file with the City Clerk. The hearing, remaining open from the December 15, 1992, meeting and there being no speakers wishing to present testimony, Mayor Hafliger called for the motion. A MOTION was made by Councilmember Ford, seconded by Councilmember Leahy, to waive the full reading of Ordinance No. 975 and read by title only, and introduce the Ordinance adopting the 1991 Uniform Building Codes (U.B.C.) and Related Codes and Standards, and continue the Public Hearing to January 19, 1993 to consider a Fee Resolution to this Ordinance. Motion carried on a 5-0 vote, INANCE NO. 975 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, NG THE 1991 UNIFORM BUILDING CODE AND ANNUAL SUPPLEMENTS, THE 1991 UNIFORM BUILDING CODE STANDARDS, THE 1991 UNIFORM MECHANICAL CODE, THE 1991 UNIFORM PW - NG CODE, THE 1991 UNIFORM ADNINISTRATIVE CODE, THE 1991 UNIFORM HOUSING CODE, THE 1991 UNIFORM CODE FOR THE =ATEMENT OF DANGEROUS BUILDINGS, THE 1991 UNIFORM SIGN CODE, THE 1991 UNIFORM SECURITY CODE, THE 1991 UNIFORM SIMIVIMNG POOL, SPA AND HOT TUB CODE, THE 28TH EDITION OF THE 1991 ASTM STANDARDS IN BUILDING CODES, INCLUDING APPENDICES AND ANNUAL PUBLJSHED SUPPLEMENTS OF THE = •VE NOTED C ODES. THE • ='VE CODES ARE AS ' I - D BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, THE INTERNATIONAL ASSOCIATION OF PLU .= NG AND MECHANICAL OFFICIALS, AND THE STATE OF CALIFORNIA I.. 6 January 5, 1993 6.2 Adoption of 1991 Uniform Fire Codes (U.F.C.) and Related Codes and Standards (continued from 12-15-92) Fire Chief Chadwick made a presentation as contained in the staff report on file with the City Clerk. The hearing, remaining open from the December 15, 1992, meeting and there being no speakers wishing to present testimony, Mayor Hafliger called for the motion. A MOTION was made by Councilmember Ford, seconded by Councilmember Solaria, to waive the full reading of Ordinance No. 976 and read by title only, and introduce the Ordinance adopting the 1991 Uniform Fire Codes (U.F.C.) and Related Codes and Standards with certain amendments, and continue the Public Hearing to January 19, 1993 to consider a Fee Resolution to this Ordinance. Motion carried on a 5-0 vote. II'a CE NO. 976 AN ORDINANCE OF THE CITY COUNCIL OF NE CITY OF SAN JACINTO EST. :4 SHING A FIRE AND SAFETY INSPECTION PROGRAM; EST SHING CERTAIN FEES; a. • NG THE UNIFORM FIRE CODE, 1991 EDITION, MN CERTAIN AMENDMENTS, THE UNIFORM FIRE CODES STANDARDS, 1991 EDITION, AND THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS 13, 1991 EDITION, 13-D, 1991 EDITION, AND 13-R, 1991 EDITION; PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS USES OR OPERATIONS; EST, : SHING A EU' , OF FIRE PREVENTION, PROVIDING OFFICERS THEREOF AND DEFINING THEIR - • RS AND DUTIES, AND; REPEALING ORDI CE No. 917 6.3 Earthquake Hazard Reduction in Existing Buildings Ordinance (continued from 12-15-92) Fire Chief Chadwick made a presentation as contained in the staff report on file with the City Clerk. Advised the next step would be to develop a mitigation plan, induding time frames for implementation. Staff would look at options for grants and low interest loans and come back within six months. Staff darified for Council that many buildings had been identified based upon knowledge of when they were built (before 1933), some of which had been found to contain reinforcement. Many methods were available, other than boring holes, to determine compliance. Owners would be notified after the ordinance took effect and inspections would be made. January 5, 1993 The hearing, remaining open from the December 15, 1992, meeting and there being no speakers wishing to present testimony, Mayor Hafliger dosed the public hearing. A MOTION was made by Councilmember Leahy, seconded by Councilmember Ford, to waive the full reading of Ordinance No. 977 and read by title only, and introduce the Ordinance approving the Earthquake Hazard Reduction in Existing Buildings Ordinance. Motion carried on a 5-0 vote. CE NO. 977 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ADDING C •._ R 15.17 TO TITLE 15 OF THE SAN JACINTO MUNICIPAL CODE NG :THQU * 1 ' r REDUCTION IN EXISTING BUILDINGS 6.4 Graffiti Abatement Ordinance (continued from 12-15-92) Fire Chief Chadwick made a presentation as contained in the staff report on file with the City Clerk. Advised that the staff and attorneys for Hemet and San Jacinto were reviewing for consistency with the Government Code. It would appear a revision of the Beautification Ordinance would be the appropriate way to secure timely abatement. Staff would bring back an amendment on January 19, 1993. Mr. Chadwick also darified the prosecution methods available, citing that the District Attorney has limitations for prosecution, and lesser offenses would be handled by the City Attorney or a method developed to secure collection through small daims. Meetings would be held with the local judges to assure maximum penalties and restitution by parents of offending minors. Costs related to prosecution would be better identified after meeting with the judges. City Attorney Cox felt that most cases could be solved at a pleading stage. Noted that Valley Wde was in need of a paint sprayer at a cost of $1,000, which would be more effective than rolling. Assistance from the community would be needed and notification would be going out to encourage reporting of offenses. Citizen patrols would be also assisting in finding perpetrators. There would be a citizen patrol orientation as early as Thursday evening. In addition, a press conference would be held and the school district would assist in distributing flyers emphasizing the consequences of graffiti, in both spanish and english. Kevin Walker donated door hangers which would be distributed by the Fire Department and a reward of $1,000 had been offered for the conviction of offenders in the incident which occurred downtown last week. 8 January 5, 1993 Council suggested that staff approach prosecution on smaller cases with the District Attorney on a cumulative basis. Further, urged prosecution within 45 days, with a policy of educate, abate and prosecute expeditiously. Staff advised the news media, including Cable TV had offered support to publicize the program. The hearing, remaining open from the December 15, 1992, meeting and there being no speakers wishing to present testimony, Mayor Hafliger called for the motion. A MOTION was made by Councilmember Leahy, seconded by Councilmember Ford, to continue the Public Hearing on the introduction of a Graffiti Ordinance to the Regular City Council meeting of January 19, 1993, at 7:30 P.M. Motion carried unanimously. 7.0 CITY DEPARTMENTS 7.1 Status Report for Rent Review Study/Mobile Home Parks Assistant to the City Manager Anderson made a presentation as contained in the staff report on file with the City Clerk. COUNCIL CONSENSUS to direct Staff to continue to met with mobile home park owners and tenants to explore the nature of the problem and to investigate a range of alternatives to bring back before City Council. 7.2 Farmers Home Administration Programs Assistant to the City Manager Anderson made a presentation advising that staff had tried to identify those programs the city would benefit from and would be eligible for, which induded a couple community facilities loan programs, business and industry guarantees as part of economic development and some housing improvement loans and grants. A representative would be invited to explain in more detail the programs. COUNCIL CONSENSUS to direct staff to follow up on programs of interest to the City Council. 7.3 Rama Corporation Update City Manager Easter advised the Public VVorks Director was working with Rama Corporation and the pumping was an alternative strongly endorsed by both parties. Staff was still working on negotiating how long the City would continue to assist and then turn the matter over to Rama for maintenance and operation. Other issues were dose to being resolved and staff would report back on status. 9 January 5, 1993 7.4 K-9 Status Funding Police Chief Kozma reported that the Senior Guild recently donated $2,000 to replace the retired K-9, and that an additional donation would be forthcoming from the Hemet Emblem Club. In addition, requests would be made of the local service dubs to assist and fund raisers would be conducted. In response to Council, advised that only a portion of recertification costs were reimbursable from POST and that the total cost broke down as follows: Cost of K-9 - up to $6,000 Training $4,500 for 160 initial hours, which had been increased to 200 hours Cross training for narcotics $4,500 and 200 additional hours 7.5 Budget Allocations and Fee Waivers for Social Service Agencies and Non -Profit Organizations Community Development Director McNabb made a presentation as contained in the staff report on file with the City Clerk. Explained that the City has mechanisms for assisting agencies within the budget for special events and also supports organizations with the grant of CDBG funds. Explained each of the alternatives offered and recommended that the City adopt a policy of no waiving of fees and those minor events (non -budgeted) would have to appeal to the Council. A policy would serve to discourage requests which are devastating to the budget. A MOTION was made by Councilmember Ford, seconded by Councilmember Solorio to adopt the first resolution and not one of the alternates, and adopting a policy of not waiving fees. Council discussion resulted in the following comments: 1. Possible in kind services. 2. Identify requirements, i.e., financial statements, perhaps add the wording "In the event the City Council chooses not to ratify a waiver or reduction, such application shall be accompanied by the previous three years audited financial statements." 3. Clarified that the action to not waive fees would not be retroactive to those already approved. That even budgeted items were not automatic and still come to council with the potential financial impact. 4. That the resolution be more specific. 5. Not being locked into an absolute denial, some manner of appeal. 6. Non-profit certification. 10 January 5, 1993 Councilmembers Ford and Solorio withdrew the motion. City Attorney Cox supported alternative one which gave the authority to waive application fees but not restricted funds, with the option to explore the financial situation and suggested adding a provision that non-profit provide a service benefit to the community. Voice serious concern about waiving flood control fees, etc. COUNCIL CONSENSUS for staff to bring the matter back at the January 19, 1993 meeting with a revised policy. 8.0 MAYOR/ COUNCILMEMBER REPORTS/DISCUSSIONS 8.1 Desert Protection Act Deputy City Clerk Lee made a presentation as contained in the staff report on file with the City Clerk. COUNCIL CONSENSUS to take no position on this matter. 8.2 Norton Air Force Base Defense Finance and Accounting Service Center City Manager Easter made a presentation as contained in the staff report on file with the City Clerk. COUNCIL CONSENSUS to direct staff to come back with a resolution of support for the Norton Air Force Base site and to pursue outreach in the community. Councilmember Leahy commended the recent rescue of a boy. Aso noted that the San Jacinto Business Association party at Hofmann Park was a success and commended the Chamber of Commerce on their recent brochure. Finally, invited the Council to attend the Valley Gang Task Force meeting on January 14th, 4:00 P.M. at Simpson Center. Councilmember Williams inquired regarding the status of the Meadowood Homes problems with blowing sand. Bob Wilson advised that the college had planted wheat which should be up shortly and the burning permit was extended and should be cleared in about 2-3 weeks. 9.0 CLOSED SESSION None 11 January 5, 1993 10.0 ADJOURNMENT There being no further business, A MOTION was made by Councilmember Leahy, seconded by Councilmember Ford, to adjourn. Motion carried on a 5-0 vote. The hour of adjournment being 9:50 P.M. Submitted by Maurice Armster, City Clerk Deputy City Clerk Approved HenryHafliger, Mayor 12 STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Laurie Mora, Deputy City Clerk DATE: January 19, 1993 SUBJECT: Minutes of Special Meeting January 7, 1993 • RECOMMENDATION: Approve the Minutes of the Special Meeting of January 7, 1993, as presented. MINUTES SPECIAL MEETING SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND THE I NDUS"'DIAL DEVELOPMENT AUTHORITY JANUARY 7, 1993 1.0 CALL TO ORDER The Special Meeting of the San Jacinto City Council was called to order at 6:05 P.M. by Mayor Hafliger at the Community Center, 625 South Pico, San Jacinto, California. Present: Councilmembers Leahy, Solorio, Williams and Mayor Hafliger Absent: Councilmember Ford 2.0 CLOSED SESSION At the hour of 6:06 P.M. the City Council convened in Closed Session, pursuant to the following: 2.1 Employee Personnel Hearing - Government Code Section 54759 At the hour of 9:06 P.M. Council reconvened in open session with all members present, except Councilmember Ford with no action being taken. 3.0 ADJOURNMENT Council consensus to adjourn to January 8, 1993 at 10:00 A.M. at the Community Center, 625 South Pico, San Jacinto, California for the purpose of continuing the Closed Session hearing. The hour of adjournment being 9:07 P.M. Approved by Henry Hafliger, Mayor Submitted by Maurice Armster, City Clerk STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Laurie Mora, Deputy City Clerk DATE: January 19, 1993 SUBJECT: Minutes of Adijoumed Meeting January 8, 1993 RECOMMENDAT1ON: Approve the Minutes of the Adjourned Meeting of January 8, 1993, as presented. MINUTES ADJOURNED MEETING SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND THE INDUSTRIAL DEVELOPMENT AUTHORITY JANUARY 8, 1993 1,0 CALL TO ORDER The Adjourned Meeting of the San Jacinto City Council was called to order at 10:05 A.M. by Mayor Hafliger at the Community Center, 625 South Pica, San Jacinto, California. Present: Councilmembers Leahy, Solorio, Williams and Mayor Hafliger Absent: Councilmember Ford 2.0 CLOSED SESSION At the hour of 10:06 P.M. the City Council convened in Closed Session, pursuant to the following: 2.1 Employee Personnel Hearing - Government Code Section 54759 At the hour of 5:06 P.M. Council reconvened in open session with all members present, except Councilmember Ford, with no action being taken. 3.0 ADJOURNMENT Council consensus to adjourn. The hour of adjournment being 5:07 P.M. Approved by Submitted by Maurice Armster, City Clerk 1 Henry Hafliger, Mayor STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Laurie Mora, Deputy City Clerk DATE: January 19, 1993 SUBJECT: Minutes of Special Meeting January 12, 1993 RECONIVIENDATION: Approve the Minutes of the Adjourned Meeting of January 12, 1993, as presented. MINUTES SPECIAL MEETING SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND THE INDUSTRIAL DEVELOPMENT AUTHORITY JANUARY 12, 1993 1.0 CALL TO ORDER The Special Meeting of the San Jacinto City Council was called to order at 6:50 P.M. by Mayor Hafliger at the Community Center, 625 South Pico, San Jacinto, California. Present: Councilmembers Ford, Leahy, Solorio, Wiliams and Mayor Hafliger Absent: None 2.0 CLOSED SESSION At the hour of 6:51 P.M. the City Council convened in Closed Session, pursuant to the following: 2.1 Employee Personnel Hearing - Government Code Section 54759 At the hour of 7:55 P.M. Council reconvened in open session with all members present and no action being taken. The Closed Session hearing, however would be continued to a later date, unknown at that time. 3.0 ADJOURNMENT Council consensus to adjourn. The hour of adjournment being 7:56 P.M. Approved by Henry Hafliger, Mayor Submitted by Maurice Armster, City Clerk STAFF REPORT TO: Mayor and City Council FROM: Anna A Vega, Finance Director Via Pamela S. Easter, City Manager SUBJECT: Approval of Register of Audited Demands and Payroll Checks DAl'E: January 15, 1993 RECOMMENDATION Approve warrant numbers 31107 through 31266 dated January 15, 1993 in the amount of $52,398.36 and Payroll check numbers 21675 through 21773 dated January 15, 1993 in the amount of $144,092.28. SUMMARY A listing of accounts payable warrants is attached for your review and approval. Payroll information is available for your review in the Finance Department. REGISTER OF AUDITED DEMANDS January 15, 1993 FUND 10 General Fund $46,926.66 FUND 11 Title III-B $37.70 FUND 14 Sewer 7.25 FUND 20 Liability Ins. $4,029.89 FUND 21 Gas Tax $948.41 FUND 24 Measure A $28.42 FUND 25 LLMD $21,358.09 FUND 29 Downtown Water $509.59 FUND 37 CFD No. 3 $1,036.70 FUND 39 Drainage Project $132,882.55 FUND 40 Vehicle Replacement $14,927.01 FUND 47 Water Purveyance $166.54 FUND 50 Water Fund $5,857.92 FUND 65 Trust Fund $164,276.04 FUND 66 Asset Forefeiture $19,832.40 FUND 67 Fire Mitigation $288.00 FUND 96 RDA -San Jacinto $13,178.00 PAYROLL $126,107.19 TOTAL $552,398.36 GLCD12 ?--.UDTTEM DEMANDS) �ITf OF SA� JACINTO 311O7* 311O8* 31109* 31110* 31111* 31112* 31113* 31114* 31115* 31116* 7it117* 31118* 31119* 311Z0* 31121* 31122* 31123* 31124* 31125* 31126* 31127* 31128* 31129* 30* v +31* 31132* 31133* 31134* 31135* 31136* 31137* 31138* 31139* 3114O* 31141* 31142* 31143* 31144* 31145* 31146* 31147* 31148* 311�9* 31150 31151 31152 31153 31154 �5 156 UNITED CALIFDRHIA �ANK A/C 2O1398 ISSUED TO PUBLIC EMP^ RET^ SYSTEH SD~ CA^ GAS SO^ CA ^ EDISON SO+ CA~ EDISON SO~ CA~ GAS SO, CA~ GAS SO^ CA. EDISON ICMA CITY OF SAN JACINTO U,S^ POSTMASTER SO, CA^ 8O~ CA^ SO^ CA~ SO, CA^ SO^ CA. SO^ CA. GAS EDISON GAS EDISON GAS EDISON THIN LITE CORP~ SO. CA~ EDISON SO. CA. GAS ICIS C SO^ CA, GAS SO4 CA. EDISON ALEXANDER VALLEJO JR^ BENJAMIN HARPER B0X N COMMUNICAT7ONS S A N. BERN, SHERIFF�S SO. CA. GAS SO, CA, EDISON SO~ CA ^ EDISON SO^ Co^ GAS JASON RAM8EY COUNTY OF RIVERSI[/E SO, C.A. EDISON SO. CA^ GAS �GB COMMERCIAL DEVLP~ SU, CA, EDISON SO. CA^ GAS U^S^ POSTMASTER O.K. ASSOC. lNC. SO. CA^ EDISON SO^ CA. GAS SO, CA^ EDISON SO. CA^ GAS BILL RUTLEDGE RICHARD HIXSON CHRIS CARLSON .... BUfDOS DAVID VER PLANK GLENN TAYLOR AT & T ALL PURE CHEMICAL CU, ALPHA BETA DESCRIPTION DATE 1/15/93 RETIREM[NT �AYMENT COLLECTIONS PAYHENT CDLLECTION5 P��MENT COLLECTIONS PAYMEHT CDLLECTIONS PAYHENT COLLECTIONS PA�HEHT COLLECTIDNS DEFERRED �OMP �ET FAYROLL POSTAGE~WATER BILLS PAyHFEN T COLLECTIONS PAYHENT C0J.ECTIONE) Pf')YMEHT COLLECTIONS PAYMENT COLLECTIONS P�YMENT COLLECTIONS P�Y�EHT COLLE-TT DNS LIGHTS~�^D^ TRUCK PAYMENT COLLECTIONS PAYMEHT C0LLE2T1ONS �EGISTRATIONS/MEH6~ RENEWAL PAYMEHT COLLECTIONS PAYMENT COLLECTIDNS CLAIM SETTLEMENT REPL. C1<031003 �EWSLETTER DRIVING COURSE~TOWNSE� PAYMEHT COLLECTIONS PAYMENT COLLECTIONS PAYMENT CDLLECTIONS P���EHT COLLECTIONS �CTING ANIMAL CONTROL CSBG ENVIRON. APPL^ PAYMENT COLLECTIONS P�YHENT COLLECTIONS C�NSTING~£CDN. DEVLP. PAYMENT COLLECTIONS P�YMENT COLLECTIONS POSTA�|��WAlER BILLS REFUSE �OLLECTIONS �AyHENT COLLECTIONS PAYMEHT COLLECTIONS P�YME�T COLLE�TIONS PAY�EHT CDLLEIONS PLANHINC COMMISSIONER PLANNING CDMMISSIONER PLANNING COMMISSION�R "LAiqNIN8 COHMISSIONER PLAHNINC COMMISSIONER LONG DISTANCE SERVICE CHLORINE/SODA~WATER SR[NKS FOR F^D~ TRAINING AMOUNT 19~083~85 226~59 606~38 668~43 �35~15 128^�5 382^72 68�^OO lU6,338^34 983^00 411^32 848^56 258,9l 622,58 288.65 207~51 69^23 1,082^70 1'O23.64 1'O5O^O0 711.75 1/196~73 1,646,00 45~00 337.30 80400 104^11 83,85 1i6.71 66.07 300.00 3O0 105^44 1O9^92 5,185^56 599.40 807^69 900^00 92,468^15 264.65 97B~55 456^66 l,209^69 10O.00 100~0O 1OO~OO 1OO^OO 100^0O 9~33 1'596^67 39,81 C-ITY CF SAN JACINTO CHECK 31158 31159 3l16O �1161 31162 31163 31164 31165 31166 31167 31168 31169 31i70 31t71 31172 31173 31174 31175 31176 31177 31178 31179 3118O 31181 31182 31183 31184 31185 31186 311O7 31188 31189 3119O 31191 31192 31193 31194 31195 31196 31197 3.1196 31199 312OO 31201 31202 31203 31204 31�O5 31206 312O7 31200 UNITED A/C 201398 ISSUED TO AL'S LAWNMOWER SHOP GRACIELLA ALVAREZ AMERCIAN HEART ASSC. �AVE ANDERSON LOUIS R. ARROYA^ JR^ ARROW PRINTING B & W PIPE CO. E^S° & SONS TODD BAGLEY LANDSCAPE BANCR0F7, WHITNEY CO. 1'.4EAUMONT CONCRETE CO^ BOB~S LUMBER BONNEVILLE TRAVEL BOX N COMMUNICATIONS C^V°J~P^I^A^ DEPT^ OF JUSTICE CAR WASH DEPOT CASTELLANO'S TOWING CHEROKEI LANDSCAPE CHEVRON PHOENIX PROGRMAS INC^ SALLY ROBINSON MAIN STREET REALTY COMTRONIX OF HEMET COMPUTER RESOURCES THE COUNSELING TEAM COX & COX T^L+ CREATES^ INC^ L.N. CURTISS D&J DAMON REFERENCE LAB~ DE BROS BLUEPRINTNG DEFENSE 7"ECHNOLOGY CORP DEPT^-GENERAL SERVICE EASTERN MUNI^WATER DlST EMPIRE OIL EVANS TIRE CO~ FETN FIRE & EM�RGENCY OFELIA FIERRO FEDERAL EXPRESS CO. FILARSKY & WATT GENERAL TELEPHGNE CO~ HEMET NEWS HEMET VALLEY MEDICAL FUEMET VALLEY PIPE HI STANDARD AUTOMOTIVi:- HINCKLEY & GCHMITT HINCKLEY & SCHMITT HOT SHOTS 1 HOUR PHOTO HOUSING AUTHORITY R~ CR.-GORY HOWE CONST^ D-SC�IPTION DATE 1/15/93 SL�'PLIES & SERVICE -PARKS EMPL, ot-,:, THE YEAR «92" HEARTSAVER MANUAL -CPR �OMPUTER SUPPLIES~REIHB+ JANITO�IAL 8ERVICE ECD IHS[RTS SUPPLIES-P+W^ LAB TESTS -WATER PLAN CA[CKIN6 COPIES PENAL CODE' BOOKS CON(-.RETE-WATER PARTS -WATER AIRFAR[~SOLORIO HEWSLETTER CLf^iIM-ROJAS & FORKNER FINGERPAINT FEES VEHICLE WASH TOWING CHARGES-P,D, LAHDSCAPE MAINT... LLAID CITY 'V[H1CLES~CAR WASH REIMB^ WATER/TRASH DEPOSIT REIMB� WATER/TRASH DEPOSIT REIMB, WATER/TRASH DEPOSIT REPAIR RADIOS SUPPLI[G~P^W. EMPLOY�E ASST. PROGRAM LAEGr-iL SERVICES CRI53 SYSTEM^P^D^ UiliIFURMS-f,D^ LAHDSCAPE�PARK HILL-LLMLI LABORA7OKY FEES-P,D^ MYLARS�COMM^ DEULP^ SUPSCRIPTION-P~D^ UTILIIES ���LEAD[D FUEL TIRES REPAIRS WEEKLY TRAIN1NG~F^D^ REIHB, MILEAGE-C^C^ HAILING~ADM^ CLAIM� ��OUSEL PHOHE 4SERVICES LEGf;L �QVERTISING HEDICAL SERVICE~P"I'.1, SPBIHKL��� CAPS .... RANCHO SAN JACINTO LIGHTI#G EQPT~P^D~ DRIN'KING WATER D�IRAINQ WTR-PD FILM P�OCESSIN8 SENIgR HOME REPAIR PROG^ REHANG DOOR-P^D^ AMOW� ^ 111^81 2,j0^0O 41^61 43~05 19O0~00 666^20 120~46 92^OO 54O~00 339^41 372^58 27^99 144^0O 337^�O 733.89 27+0O 17^5D 35^QO 6/145^00 3G°35 6~O3 6^45 38^41 379 . 138.�,~� 85^00 3/664+00 2355O+1O 944^97 250.00 784,60 11O^31 322^44 48,35 58/557^62 2'511^64 1�558~13 288.00 37~70 22^50 910~O0 3�218°B 4 244.58 2O8+4O 35^56 427^89 50^OO 71+0O 111 5O9 150.wo GLCD12 OF SAN JACINTO REGISTE� OF AUDITED DEMANDS PAGE 3 -, � �CK `^ 312O9 31210 31211 31212 31213 31214 31215 31216 31217 312i8 31219 3122O 31221 31222 31223 3122� 31225 31226 31227 31228 31229 31230 31231 ^~�?32 31234 �1235 31236 3123T 31238 31239 31240 31241 31242 31243 31244 31245 31246 31247 31248 31249 �125O 31251 31252 31253 �1254 31255 31256 257 / � 258 ��1259 UNITED CALIF01:NIA BANK A/C 201398 DATE 1/15/93 ISSUED TU HUBBS STATIONERY INLAND CHEVROLET INDUSTRIAL ASPHALT INTERNATIONAL CONF^ J & M AIR CONDITIONIHG C~R, JAESCHKE INC. FLOYD JOHNSTON CONST. FLOYD JOHNSTON CONST^ KARL'S DUMP TRUCK LA RUE PAINTING LAW ENF LEGAL MANUAL LOMA LINDA UNIVERSITY LOMA LINDA UNIVERSITY LONG BEACH UNIFORMS LONGS DRUG STORE LONGS DRUG STORE MP LANDSCAPE MAINT. MARMMAN^ ARZYNSKI MATT CHLOR INC^ MINCO COMPUTERS MUNICIPAL RESOURCE NEWPORTWAVE SOFTWARE OVERNIGHT INDUSTRIAL PC-S INDUSTR1ES PACIFIC PHYSICIAN PACTELL CELLULAR -LA PAGENET LARRY PIERCE PLUMBING POLAR RADIATOR PRESS~ENTERPRIGE QUALITY TRANSMISSIDNS RAMONA BUSINESS MACHlNE RHEINGANS TRACTOR SERV~ RIVERSIDE BLUEPRINV COUNTY OF RIVERSIDE SAFETY .... KLEEN CORP, SAN JACINTO MUSEUM ASSN SEARS~ ROEBUCK & CO~ SHARP BUILDING SUPPLY SO^ CALIFORNIA EDISON SO° CALIFDRNIA GAS CO^ 8O, CA° CODE EHFORCEMNT SOUTHERN COUNTIES OIL SOUND ADVISORS STEVE/S AUTO PARTS STRIVIDANTS SYSTEMS SOURCE INC TAAB� TAC EXTERMlNATORS JAMES W. UNLAND & ASSOC VALLEY AUTO SALVAGE DE5f �RIPTION OFFICE GUPPLIES �EHICL[ REPAIRS CGLTi MIX PUBLICATION ... REDVLP, HEATIH[� DUCT~ADM^ P�RTS~MOWER ESPLAHADE PROJ^ ESPLA#�DE PROJECT WEED A�ATEMENT GRAFFITI REMOVAL SUBSCRIPTION-9°D^ PSYCHOL�GICAL EXAMS EHPLOY�E ASSl,^ FROG* BOGD^ FILM P�QCESS~P^D. FILM.-P.D. MAINTE#ANCE--DEC.-LLMD HOUSEL V CITY VACUUM REGULATOR -WATER MEMORY MODUI-E-ADM. SALES TAX INFO^ SERVICE BUS^ LIC. CONSULTING SUPPLIES --ALL. DEPTS^ CABLE LAZERJET--- P^D^ PRE-LEMPL^ PHYSICALS CELLULAR PHONES RENT^L RADIO �AGERS SUPPLIEG.... WATER & C.C. R�DI�TD�-P~D. SUBSCRIPTION� & LEGAL ADS REBUILD TRANS --- DUMP TRU�K REF�^ BINDING MACHINE WEED ElATEMEMT SL���RI�TING AUTOMAT[D CRIMINAL I.D. SYSTEM S{�PPLIES CURAT�R SERVICES CARSEAT-P^D~ BUILDING SUPPLIES UTILITIES UTILITI�S �EHBERSHIP DUES -CODE ENFORCEMENT FUEL �ICROPAONE~0ISPAT CH VE�ICLE PARTS SAFETY �HOES~P^W, GY�TEM "ORK STATIONS --RDA WATER BILLS & FREI8HT.... WATEA SPRt)YINC Al' C.C. ��#EX�TION PLANS~71A ;EHICLE ABATEMENT AMOUNT 'ERA ~94 143^62 317.39 222^29 498~77 727^3O 91'713~55 41'O69^00 5'426^OO 2'657,OO 89~O0 4t6^O0 18O.00 121^7O 543^37 1'25~94 1'505^OO 7O^O0 265,9G 16l.63 2,500°O0 559^53 90^94 7O~00 567.00 1,060.87 ­17O^5O 78^35 97^24 12,3^O6 884^96 26^O0 510^60 43^79 5�486.00 156,00 1,475,0O 96^96 413.30 5~115^03 399~72 25^0O 7,783^54 26^86 488,41 1OO^OO 7�280^80 1'347~98 43.5O 3+798~70 5O+0() 8LCD12 CITy OF SAN JACINTO REGISTER GF AUDITED DEMANDS PAGE 4 CHECK 3126O 31261 31262 31263 31264 31265 31266 UNITED CALIPORHI� B�NK A/C 201398 ISSUED TO VALLEY ELECTRIC VALLEY TEEN FOUNDATION VAN WATERS & ROGERS WASTE MANAGEMENT WESTERN FARM SERVICE XEROX CORPORATION ZUMAR INDUSTRIES. INC^ DESCRIPTION CIRCUIT -GRAND WELL GRAFFITI REMOVAL POTASSIUM -WATER PORTA POTY`PARK SR�SS �EED-*OFFMAN CO�IER #AINT^ STREET SIGNS DATE 1/15/93 AMOp ,^~ 5O7^08 4,776^5O 462^25 49^78 283~62 1,171,39 264~O9 FINAL TOTAL 552,398^36 � STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Laurie Mora, Deputy City Clerk DATE: January 19, 1993 SUBJECT: Claim - Ramon Ruiz RECOMMENDATION: Reject the Claim as presented as recommended by the Claims Adjustor pursuant to Government Code Section 913. COACHELLA VALLEY JOINT POWERS INSURANCE AUTHORITY January 7, 1993 Laurie Mora Deputy City Clerk CITY OF SAN JACINTO P.O. Box 488 San Jacinto, CA 92581 RE: Ramon Ruiz, a minor v. City of San Jacinto Loss Date : 06/24/92 Our File # : JS 93-15 Dear Ms. Mora: We are in receipt of the above -captioned claim filed against the City of San Jacinto by attorney Jeffrey Knoll on behalf of claimant Ramon Ruiz. We request that you take the action indicated below: [ X] [ ] CLAIM RESECTION: Written rejection of claim by Title of Board in accordance with Government Code Section 913. LATE CLAM: Do NOT reject claim but RETURN it for failure to file within time limit prescribed in Government Code Section 911.2. Transmittal NOT to contain "WARNING" required by Section 913, but should advise that the recourse to file "Application for Leave to File Late Claim" as provided in Government Code Section 911.4. This must be returned within 45 days of the date claim mailed or delivered. INSUFFICIENT CLAIM: Send notice of insufficiency for failure to comply with Government Code Section 910 and/or 910.2 and/or 910.4 and cite the following specific insufficiencies: This must be sent within 20 days of your receipt of claim. AMENDED CLAIM: Reject claim as set forth in first paragraph above, CLAIM REJECTION. APPLICATION FOR LEAVE TO FILE LATE CLAIM: Reject the Application under Government Code Section 911.8. OPERATION OF LAW: Defer any written response pending our further advice. Please provide us with a copy of any response requested above. If you have any questions, please contact the CVJPIA office. Sincerely, i)r% -- Sc6tt Ellerbrock Accounting/Claims Specialist cc: Jim Cox, City Attorney Cox, Cox & Camper 805 East Florida Avenue Hemet, CA 92543 73-710 Fred Waring Drive. Suite 200. Palm Desert, CA 92260 (619) 341-0492 FAX (619) 340-5949 STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Laurie Mora, Deputy City Clerk DATE: January 19, 1993 SUBJECT: Claim - Antonia Rutz Delgado RECOMMENDAT1ON: Reject the Claim as presented as recommended by the Claims Adjustor pursuant to Government Code Section 913. January 7, 1993 Laurie Mora Deputy City Clerk CITY OF SAN JACINTO P.O. Box 488 San Jacinto, CA 92581 RE: Antonia Ruiz Delgado v. City of San Jacinto Loss Date : 06/24/92 Our File # . JS 93-15 Dear Ms. Mora: COACHELLA VALLEY JOINT POWERS INSURANCE AUTHORITY ii We are in receipt of the above -captioned claim filed against the City of San Jacinto by attorney Jeffrey Knoll on behalf of claimant Antonia Ruiz Delgado. We request that you take the action indicated below: [ X] [ I CLAIM REJECTION: Written rejection of claim by Title of Board in accordance with Government Code Section 913. LATE CLAIM Do NOT reject claim but RETURN it for failure to file within time limit prescribed in Government Code Section 911.2. Transmittal NOT to contain "WARNING" required by Section 913, but should advise that the recourse to file "Application for Leave to File Late Claim" as provided in Government Code Section 911.4. This must be returned within 45 days of the date claim mailed or delivered. INSUFFICIENT CLAIM Send notice of insufficiency for failure to comply with Government Code Section 910 and/or 910.2 and/or 910.4 and cite the following specific insufficiencies: This must be sear within 20 days of your receipt of claim. AML27DFIL CLAM Reject claim as set forth in first paragraph above, CLAIM REJECTION, APPLICATION FOR LEAVE TO FILL LATE CLAIM Reject the Application under Government Code Section 911.8. OPERATION OF LAW: Defer any written response pending our further advice. Please provide us with a copy of any response requested above. If you have any questions, please contact the CVJPIA office. Sincerely, . U Ott Ellerbrock Accounting/Claims Specialist cc: Jim Cox, City Attorney Cox, Cox & Camper 805 East Florida Avenue Hemet, CA 92543 73-710 Fred Waring Drive, Suite 200, Palm Desert, CA 92260 (619) 341-0492 FAX (619) 340-5949 STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Brian McNabb, Director of Community Development via Pamela S. Easter, City Manager DATE: January 19, 1993 SUBJECT: Adoption of Ordinance No. 974, Public Improvements RECOMMENDATION Staff recommends that the City Council adopt Ordinance No. 974, waive the reading of the Ordinance in full and read by title only. BACKGROUND On January 5, 1993, the City Council introduced Ordinance No. 974, which amends Sections 12.08.020, 12.08.060 and 15.04.010 of the Municipal Code, pertaining to the timing of required public improvements. ORDINANCE NO. 9 7 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, AMENDING CHAPTERS 12 AND 15 OF THE MUNICIPAL CODE, SECTIONS 12.08.020, 12.08.060 AND 15.04.010 RELATED TO TIMING AND EXEMPTION OF PUBLIC IMPROVEMENT CONSTRUCTION THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapters 12 and 15 of the Municipal Code are hereby amended by repealing and restablishing Sections 12.08.020, 12.08.060 and 15.04.010, as shown on Exhibit "A", attached hereto and incorporated herein. Section 2. This ordinance will take effect thirty (30) days from the passage thereof. Section 3. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published in a newspaper of general circulation printed and published in the County of Riverside, State of California. Introduced at a regular meeting of said City Council on the 5th day of January 1993. MOVED, PASSED AND ADOPTED at a regular meeting of the City Council on the day of 1993 by the following vote. AYES: NOES: ABSENT: Mayor A1'I EST Deputy City Clerk -1- CERTIFICA I E STATE OF CALIFORNIA. COUNTY OF RIVERSIDE, CITY OF SAN JACINTO, I hereby certify that the foregoing is a true copy of Ordinance No. duly adopted by the City Council of the City of San Jacinto at a regular meeting thereof held the day of 1993. WITNESS my hand and official seal of the City of San Jacinto this day of 1993. Deputy City Clerk -2- EXHIBIT "A" ORDINANCE NO. 12.08.020 Required when. In the event an application for a permit to construct any one or more of the type of improvements described below, prior to the issuance of the permit, the building official shall be satisfied that the applicant has installed the improvements or posted the security as set forth in Sections 12.08.030 and 12.08.040 of this chapter: A. Any improvement, except those determined exempt pursuant to Section 12.08.060 of this chapter, upon a newly created or undeveloped lot. B. Any improvements, except those determined exempt pursuant to Section 12.08.060 of this chapter that cumulatively, during the past three years, exceed 25 percent of of the valuation of all improvements on the property as determined by the Building Official. C. Any addition of floor area for human use and/or habitation which equals or exceeds 250 square feet (stairways are treated as one floor level only) 12.08.060 Exemptions. A. Non -habitable accessory buildings 400 square feet or less on lots 20,000 square feet or less zoned for single family/two family residential use where one such accessory building does not already exist. B. Accessory buildings whose valuation do not exceed 25 percent of the valuation of all improvements on the property as determined by the Building Official on existing improved lots zoned for agricultural or single family/two family residential use in excess of 20,000 square feet. C. The Council may from time to time determine by resolution to exempt certain installations, repairs or maintenance of the nature similar to those improvements hereinafter described which are determined to be so valuable to the public health, safety or welfare that they shall be encouraged without possible discouragements of the requirements of Section 12.08.020. D. The installation, maintenance or repair of the following types of improvements are determined to be exempt from the requirements of Section 12.08.020A & B: roofs, electrical sewer or plumbing systems, heating or cooling systems, building insulation, solar heating, nighttime cooling, and wind power. E. Projects identified to be exempt pursuant to California and/or Federal laws. - 3 - 15.04.010 Application requirements. Any person, partnership, joint venture, firm, association or corporation desiring or intending to build or construct any building or structure or any addition or alteration which requires a building permit or permits or any other improvement to the property based upon the standards identified in Section 12.08.020, shall file a written application with the building inspector of the city together with certain plans set forth in this section, together with offers of dedication in addition to the minimum requirements of the city's adopted constructed codes, and shall pay certain fees prior to the issuance of a building permit. The various fees stated in this section shall be paid in accordance to the specific amount set forth in a resolution adopted by the City Council, but in no event less than the fees set forth in Section 15.04.030 of this chapter. TO: City of San Jacinto Staff Report Honorable Mayor and Members of the City Council 1'1ZOM: Ross Chadwick, Fire Chief/Building Official via Pamela S. Easter, City Manager DATE: January 19, 1993 /„/ 7 SUBJECT: Adoption of 1991 Uniform Building Code (U.B.C.) and Related Codes and Standards RECOMMENDATION: Adopt Ordinance No. 975 which adopts the 1991 Uniform Building Code (U.B.C.) and related building codes and standards with certain amendments. BACKGROUND: Staff will also present to Council a recommended Resolution at the January 19th, 1993, regular City Council meeting which will set the amount of the fees referred to in this Ordinance. This is the reason the public hearing was continued from the January 5th, 1993 City Council meeting to the meeting of January 19th, 1993. The Uniform Building Code (U.B.C.) was first enacted by the International Conference of Building Officials at the Sixth Annual Business Meeting held in Phoenix, Arizona, in October of 1927. Revised editions of this code have been published since that time at approximate three-year intervals. New editions incorporate changes approved since the last edition. The City adopted the 1988 U.B.C. as Ordinance No. 693 on January 16th, 1990, with certain amendments. The U.B.C. is designed to be compatible with related publications to provide a complete set of documents for regulatory use. The U.B.C. covers the fire, life and structural safety aspects of all buildings and related structures. The U.B.C. is intended to be one part of a package of model codes including the Uniform Fire Code (U.F.C.), Uniform Mechanical Code (U.M.C), and the Uniform Plumbing Code (U.P.C). ORDINANCE NO. 975 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ADOPTING THE 1991 UNIFORM BUILDING CODE AND ANNUAL SUPPLEMENTS, THE 1991 UNIFORM BUILDING CODE STANDARDS, THE 1991 UNIFORM MECHANICAL CODE, THE 1991 UNIFORM PLUMBING CODE, THE 1991 UNIFORM ADMINISTRATIVE CODE, THE 1991 UNIFORM HOUSING CODE, THE 1991 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, THE 1991 UNIFORM SIGN CODE, THE 1991 UNIFORM SECURITY CODE, THE 1991 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, THE 28TH EDITION OF THE 1991 ASTM STANDARDS IN BUILDING CODES, INCLUDING APPENDICES AND ANNUAL PUBLISHED SUPPLEMENTS OF THE ABOVE NOTED CODES. THE ABOVE CODES ARE AS ADOPTED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS, AND THE STATE OF CALIFORNIA. The City Council of the City of San Jacinto does ordain as follows: SECTION 1 Ordinance No. 918 and Ordinance No. 893, except Section 7, adopting the 1990 National Electrical Code, are hereby repealed, continuing the prohibition of aluminium wiring within any structures. SECTION 2 ADOPTION OF CERTAIN CODES There is hereby adopted by the City Council these certain Codes known as: The Uniform Housing Code, 1991 Edition as amended by Title 24 of the California Code of Regulations: the Uniform Building Code Standards including all appendices, 1991 Edition as amended by Title 24 of the California Code of Regulations; the Uniform Mechanical Code including all appendices, 1991 Edition as amended by Title 24 of the California Code of Regulations; the Uniform Plumbing Code including all appendices, 1991 Edition as amended by Title 24 of the California Code of Regulations; the National Electrical Code, 1990 Edition as amended by Title 24 of the California Code of Regulations; the Uniform Code for the Abatement of Dangerous Buildings, 1991 Edition; the Uniform Sign Code, 1991 Edition; the Uniform Solar Energy Code, 1991 Edition; and the Uniform Swimming Pool, Spa and Hot Tub Code, 1991 Edition, as amended by Title 24 of the California Code of Regulations, each as published by the International Conference of Building Officials, International Association of Plumbing and Mechanical Officials, International Fire Code Institute or the National Fire Protection Association, with certain amendments, additions, deletions thereto. SECTION 3 FINDINGS OF FACT FOR REQUIREMENTS MORE RESTRICTIVE THAN THE STATE BUILDING STANDARDS The following are the "Findings of Facts" as submitted by the City of San Jacinto for the purpose of meeting the Health and Safety Code, Section (s) 17958.5 (a) and (b) with regards to local requirements which are more restrictive than the State Building Standards with respect to climatic, geographical and topographical conditions. A. The City of San Jacinto receives relatively low amounts of precipitation, low humidity and high temperatures. Such climate conditions are conducive to the spread of fire. Normal prevailing winds in the afternoon often reach 15 to 20 miles per hour. January 19, 1993 Page 1 ORDINANCE NO. 975 B. Strong winds commonly referred to as Santa Aria Winds have reached speeds up to 60 miles per hour in the San Jacinto Valley during various months of past years. Damage that can occur during such winds includes: downed trees, utility poles, utility circuits and lines. C Within the City limits of San Jacinto there is a a very active earthquake fault called the San Jacinto Fault. This fault has produced earthquakes in the past which two times severely damaged the City. There are also other faults in the adjacent areas, including the San Andreas Fault. In the event of a severe earthquake, these faults present the potential for catastrophic damage including tire, damage to roadways, and other impairments of emergency apparatus. D. Within the City limits of San Jacinto there is a major river bed (dry at this time) which divides one portion of the City from the other. During flooding conditions, emergency access may he severely impaired if not completely cut off. Severe flooding has occurred several times in the City with resulting devastating impacts on public safety resources, especially the Fire Department. E. Development has occurred and continues to occur in the San Jacinto Valley, including the City, at a rapid pace. Traffic congestion is becoming a reality and can reduce response times to various areas of the City. This condition will worsen as development continues. F. At the present time there is only one tire station to cover the entire City. Annexations continue to increase the response area of all emergency services. Flash over in new construction may happen in as little as 4 minutes. G. The City of San Jacinto has three different water companies servicing the area. H. The City of San Jacinto presently has and is considering annexation of hillside areas that include brush, limited access and other potential firefighting problems such as reduced water pressure and flow. I. Automatic sprinklers in residential occupancies conserve water in fires and therefore efficiently use this increasingly valuable and diminishing resource. J. Studies have shown that losses due to fire in unsprinklered buildings are four times greater than such losses in sprinklered buildings. (Studies were conducted by the Los Angeles Fire Department and a private consultant and were called the "Marina Del Rey test"). K Data reveals that no single fire causing three or more fatalities, has occurred in sprinklered residential structures. The National Fire Protection Association operates the Fire Incident Data Organization System and has for decades collected data that supports this finding. L. Automatic fire protection systems are the single greatest means of reducing the severity of structural fires. Recent studies of wildland fires have also shown the reduced impact of these fires in sprinklered dwellings as compared to unsprinklered dwellings (research of the Santa Barbara and Oakland fires). In addition, sprinklered structures in Los Angeles during the riots of 1992 had a much higher survival rate than unsprinklered buildings. M. Studies of urban/wildland interface fires strongly indicate that combustible roofs significantly contribute to the high property loss and spread of those tires. SECTION 4 The Uniform Administrative Code 1991 edition, including the annual supplement as adopted by the International Conference of Building Officials is hereby adopted as part of the Building Code of the City of San Jacinto (copies of which are on tile in the office of the City Clerk) with the following modifications: January 19, 1993 Page 2 ORDINANCE NO. 975 A. The first paragraph of Section 104 (f) is hereby amended as follows: Moved buildings and temporary buildings - Buildings, structures, and accessories shall not be moved into this jurisdiction on a permanent basis. B_ Section 301 (a) is renumbered to 301 (a) 1. Section 301 (a) 2. is hereby created as follows: No person, firm, or corporation shall excavate, construct, or maintain any structure, or facilities within the public right of way without first obtaining an excavation and/or encroachment permit, as well as a public works permit, as applicable. C. Section 301 (b) 1.B is hereby amended to read as follows: Fences not over three feet in height. (All walls and fences shall require a permit.) D. Section 301 (b) is amended as follows: The fee for each permit shall he as set forth by City Council resolution. In addition to construction fees, fees described in section 12 shall normally he paid simultaneously with the issuance of a building permit unless other arrangements are made. The determination of value or valuation under any of the provisions of these codes shall he made by the Building Official. The value to he used in computing the building permit and building plan review fees shall he the total value of all construction work for which the permit is issued as well as all finish work; painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permit and equipments. Fees shall be paid as specified for public and private improvements. E. The first paragraph of Section 303 (d) is hereby amended as follows: Expiration. Every permit issued by the Building Official under the provisions of the Technical Codes shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at anytime. Suspension or abandonment shall he constituted by more than 180 days between documented requests for inspection. Before such work can he recommenced a new permit shall he first obtained so to do and the fee therefore shall be one half the amount required for a new permit for such work provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration the penmittee shall pay a new full peuuit fee. Section 304 (c) is hereby amended as follows: When a plan or other data are required to he submitted by Subsection (c) of Section 302 a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee for buildings or structures shall he 65% of the established building permit fee. The plan review fees for electrical, mechanical and plumbing work shall be equal to 25% of the total permit fee for each as set forth by City Council resolution. The plan review fee for grading work shall he 35% of the grading permit fee. The plan review fee for energy shall he 15% of the building permit fee. The plan review fee for public and private improvements shall be as established by City Council resolution. Where plans are incomplete or changed so as to require additional plan review an additional plan review fee shall be charged at the established rate. January 19, 1993 Page 3 ORDINANCE NO. 975 G. Section 304 (e) 2 is amended as follows: Fee. An investigation fee in addition to the permit fee shall he collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this Code. The minimum investigation fee shall be the same as the minimum fee set forth by City Council resolution. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of either this Code or the Technical Codes nor from any penalty prescribed by law. The forth paragraph of Section 305 (h) is amended to read as follows: To obtain a reinspection the applicant shall file an application therefore in writing upon a form furnished for that purpose and pay the established reinspection fee in accordance with the current City Council building fee resolution. SECTION 5 The Uniform Building Code 1991 Edition including chapters one (except the first paragraph of Section 104 (e)) and two, and including the appendix thereof and including the standards referred to in Section 6001 therein and including the annual supplement as adopted by the International Conference of Building Officials (copies of which are on file in the office of the City Clerk) is hereby adopted as a part of the Building Code of the City of San Jacinto with the following modifications: A. Appendix chapter 53 is hereby deleted. B. Section 104 (c) second paragraph is hereby amended as follows; Any change in the use or occupancy of any existing building or structure should comply with Section 502 of this Code and Section 308 of the Uniform Administrative Code. C. Section 502 second paragraph is amended as follows: No change in the character of occupancy of the building shall be made without a Certificate of Occupancy as required by Section 308 of the uniform Administrative Code. The Building Official may issue a Certificate of Occupancy pursuant to the intent of the above exception without certifying that the building complies with all provisions of this Code. D. Section 2516 (f), shall he amended to read as follows: Draft stops shall be placed in all stud walls including furred spaces so that maximum dimension between horizontal framing members is not over 4 feet and in the following locations: Section 3203, first paragraph is amended to read as follows: (a) The roof covering on any structure regulated by this Code shall he as specified in table 32- A and as classified in Section 3204, except it shall he unlawful to install or cause to he installed, wood -shake or wood -shingle roofs on any building. All roof covering materials shrill have a fire rating of Class "B" or better, treated in accordance with UBC Standard 32- 7. EXCEPTION: This Section shall not apply to the re -roofing or remodeling of any building which presently has wooden shakes or shingles as the sole roof covering on that portion of the structure considered as the primary building. In these cases, the re -roofing shall be done with a minimum Class "B" rooting material. January 19, 1993 Page 4 ORDINANCE NO. 975 (h) Roof coverings on buildings located in a designated fire hazard area as determined by the Fire Chief shall he rated as Class "A." F. Section 3802 is deleted in its entirety and replaced as follows: (a) General. An automatic fire extinguishing system shall he installed and maintained in operable condition in the occupancies and locations as set forth in this Section. For special provisions on hazardous chemicals and magnesium, and calcium carbide, see Sections 10.501 and Articles 45, 48, 49 and 80 of the Uniform Fire Code. (b) Where Required. All New Occupancies. An approved automatic sprinkler system shall be installed and maintained in all new occupancies regardless of floor area, occupancy type, construction type or separations. All approved automatic fire sprinkler systems shall conform to the appropriate National Fire Protection Association Standards 13, 13-D, and 13-R and the San Jacinto Fire Department Standards and Policies. EXCEPTION: Group M occupancies which are detached, do not exceed 500 square feet of total fire area and are located a minimum of ten (10) feet from adjacent buildings and five (5) feet from property lines. Existing Occupancies. An approved automatic fire sprinkler system shall be installed and maintained throughout all such buildings or structures which legally exist on the date this Section becomes law, as follows: (1) Buildings or structures occupied as single family or duplex dwellings and all Group M occupancies; whenever the building or structure is moved into or within this jurisdiction or the total floor area, including lofts, mezzanines, basements, cellars and additional stories is increased by fifty percent (50 %) or more. All increases in floor area will he cumulative and compared to the legally constructed floor area existing at the time of adoption of this Section. (2) No buildings or structures utilized for any other occupancy shall he moved, altered or enlarged unless action results in compliance with this Section as a new building. (3) Whenever an existing building or structure, which is not in compliance with this Section, is destroyed by fire or other calamity, by act of God or by the public enemy to the extent of forty-nine percent (49%) or less, the building or structure may be restored without change and the use resumed, without compliance, provided that work or restoration is begun within one (1) year and diligently pursued to completion. When destruction exceeds forty-nine percent (49%), the time frame above is not met or the building or structure is voluntarily razed or, is required by law to be razed, the structure shall not he restored except in full conformance with this Section as a new building. The extent of damage shall he based upon the ratio of the estimated cost of restoration (to its condition prior to such damage), to the estimated cost of duplicating the entire structure as it existed. Estimates for this purpose shall be made by or reviewed and approved by the Building Official and shall he based on the minimum cost of construction in accordance with the most recent edition of the Building Standards as published by the International Conference of Building Officials. (4) Whenever any building or structure has been abandoned, discontinued for use or vacated for a continuous period of 180 days or more the building or structure prior to January 19, 1993 Page 5 ORDINANCE NO. 975 (5) any occupancies or use shall he brought into compliance with this Section as a new building. EXCEPTION: Buildings or structures classed as Group R, Divisions 1 or 3 and Group M that are necessary to Group R, Divisions 1 or 3. No existing building or structure that experiences a change in use that would change the occupancy classification shall he occupied or used until it is brought into conformance with this Section as a new building. EXCEPTION: Group M occupancies that are necessary to Group R, Division 3 and legally converted to a Group R, Division 3. Section 3803 is deleted in its entirety and replaced as follows: All automatic sprinkler systems shall he supervised by a central station listed by U.L. for receiving fire alarms. EXCEPTIONS: 1. Isolated specialty systems such as spray paint booth systems or isolated installations in closets and storage spaces unless the entire occupancy is also equipped with an automatic sprinkler system. 7. Residential sprinkler systems for R-1 and R-3 occupancies where the number of sprinkler heads is less than one hundred (100). H. Section 7012 of the appendix of the Uniform Building Code is amended by adding new Subsection (t): Parking lots within the City of San Jacinto shall comply with the City of San Jacinto Public Works Standards and Specifications and Ordinance 340. Permit fees for said parking lots shall he in accordance with Exhibit C. Subsection (a) of Section 7013 of The Uniform Building Code is amended to read: Erosion Control - Landscaping. l . Slopes. The faces of cut and fill slopes shall he prepared and maintained to control erosion and provide stability. Where cut slopes are not subject to erosion due to erosion -resistant character of materials, such production may he omitted. Unless otherwise recommended in the approved soil engineering or engineering geology report, cut and fill slopes shall be planted in accordance with this Section. The protection for the slopes shall be installed as soon as practicable and prior to calling for final permit approval. a. General Requirements. Cut slopes equal to or greater than 5 feet in vertical height and fill slopes equal to or greater than 3 feet in vertical height shall be planted with grass or ground cover to protect the slope from erosion and instability. Other slopes as deemed necessary by the Building Official shall also he planted. Slopes exceeding 15 feet in vertical height shall be planted with shrubs, spaced at not more than 10 feet on center; or trees, spaced not to exceed 20 feet on center: or a combination of shrubs and trees at equivalent spacings, in addition to the grass or ground cover. The plants selected and planting patterns may be varied upon the recommendation of a landscape architect or a slope control specialist with approval of the Building Official. If a species other than those from the recommended list of plants is selected, a written statement shall be submitted by a landscape architect or January 19, 1993 Page 6 ORDINANCE NO. 975 slope control specialist certifying the plants suitable for erosion control and slope stability. This statement must accompany the grading plan at the time of submittal. b. Landscape and Irrigation Plan Requirements 1. Landscape Plan Requirements. Landscape Plans shall be submitted for all slopes required to he planted. The landscape plan may he incorporated as part of the grading plan unless, in the opinion of the Building Official the plan becomes too obscured to be effective. A landscape plan shalt include: (a) A slope planting schedule that provides common and scientific names and specifications of all plants, number and size of each tree and scrub and the spacing of plants. The location of the planting. Details of the irrigation system. Landscape plans involving more than four structures shall he prepared and signed by a landscape architect. This plan shall include the details necessary to complete the project including scope of work, materials to be used (seed mixtures, plant species listed by size quantity, fertilizer used and rate of application), construction methods, maintenance and time table for project completion. (b) (c) 2. Irrigation Plan Requirements. Except where approved by the Building Official slopes required to he planted shall he provided with an approved system of irrigation designed to cover all portions of the slopes and shall be of sufficient clarity to indicate the extent of work proposed. Specifications for devices, size and type of pipe, Clow rates and precipitation rates are to he shown on the landscape plan. An approved backtlow prevention device shall he installed in each irrigation system which conforms to Chapter 10 of the Uniform Plumbing Code. If the planting requirements specified in the subsection above are waived by the Building Official, the requirements specified in this subsection may be waived. c. Planting Method. Planting shall commence as soon as slopes are completed on any portion of the site and shall provide for rapid short term coverage of the slope as well as long term permanent coverage. Minimum requirements shall include: 1. Planting Holes. Planting holes shall be excavated twice as wide as the diameter and 2 inches less than the depth of the root hall of the plant. The planting holes shall be backfilled with a mixture of native soil, slowly decomposing organic matter and an appropriate fertilizer. 2. Staking. Each tree shall be staked in order to anchor the root system and to support the trunk in an upright position. Stake material shall be of adequate dimension and length to support the tree. Ties used for typing the tree to the stake shall have a broad surface to minimize rubbing or girdling and have some elasticity. In lieu of stakes a three wire tie -down system may he used. January 19, 1993 Page 7 ORDINANCE NO. 975 3. Ground Cover Spacing. Ground covers are to be spaced in such a manner that 100% coverage of the planted slope will be achieved in as short a time as possible. Spacing of ground cover shall not exceed 12 inches O.C. unless acceptable supporting horticultural evidence recommending greater spacing is furnished to the Building Official. d. Waiver of Planting Requirements. Waiver of the Planting and irrigation requirements may be approved by the Building Director if found to be unreasonable or unnecessary for one of the following reasons: 1. The erosion resistant character of material composing the slopes make planting unnecessary. 2. The unavailability of water making irrigation either impossible or impractical. 3. Slope heights are less than those requiring planting by Section 3, paragraph (H) l.a. e. Planting Maintenance. All vegetation planted for erosion control shall be maintained in a healthy, vigorous condition. Maintenance of planted slopes shall include watering, weeding and restoration of any plant material that may die. Slopes that are affected by the future installation of walls, fences, swimming pools or any other building must be properly replanted upon the completion of subsequent projects. g. Bonding. A bond for all projects involving more than four structures shall be filed with the City by the developer at the time that the landscaping plan is approved. Final Planting Inspection. A final planting inspection shall be required for all building sites requiring planting. For building sites not requiring a performance bond, the final planting inspection shall be approved prior to the building permit final inspection. Any required irrigation system and all planting shall be installed at the time of the final planting inspection. A functional test of the irrigation system may he required. For building sites requiring a performance bond, slope certification required by the next subsection shall he approved prior to the building pet int final inspection. The final planting inspection shall he performed at the end of the one year bond period. h. Slope Verification. A site inspections shall be performed by the responsible landscape architect to assure compliance with the approved plans and to perform a functional test of the sprinkler system. Said landscape architect shall verify in writing to the Building Official that the soils, additives, and amendments, weed control, planting of the slopes and the installation of the irrigation system comply to the approved plans and to all the provisions of this section. Verification to contain a statement as to the grow stock vitality. Landscape and Irrigation Plan/Plan-Checking Fee. Before accepting a set of plans and specifications for checking, the Fire and Life Safety Department shall collect a plan checking fee. The amount of the plan checking fee for landscape and irrigation plan shall be as set forth by City Council resolution. Landscaping Permit Fees. A fee for each landscaping permit shall be paid to the Fire and Life Safety Department as set forth by City Council resolution: January 19, 1993 Page 8 ORDINANCE NO. 975 SECTION 6 All buildings for which permits are issued shall, prior to final inspection, paint with black numbers on a white reflective background on the front curh face the address of said building. Numbers shall he a minimum of 4" high. All new single family dwellings and duplexes with garages shall have an illuminated address attached to the left side of the front garage wall facing the street, 60" above the driveway surface. The illumination shall he 110-volt with photocell switching. The address numbers shall he 1" X 4". The owners of all buildings in the City shall he responsible for installing the address on the mailbox and on the structure itself. Such numbers shall he a minimum of 3" tall and on a contrasting background. SECTION 7 Developers Fees. Pursuant to Section 4, certain developers fees are required to he paid. The purpose of these fees is described in detail below. The minimum fees will he established by City Council resolution and may he amended from time to time by a resolution of the City Council of the City of San Jacinto. A. Water Capital Improvement Fund For the upgrade and replacement of existing wells, reservoirs, booster systems and distribution systems of the Water Department. B. Public Safety Capital Improvement Fund l . Structures. For the acquisition and construction of public safety related buildings, grounds and fixtures. 2. Equipment. For the acquisition of capital equipment for public safety purposes including vehicles, radios, furniture and other equipment with a cost exceeding $150.00. C. Storm Drain Improvement Fund For the development of the Master Drainage Plan and other storm drain systems. D. Traffic Signalization Fund For the construction of traffic safety improvements such as traffic signals, warning lights, and signal coordinating equipment. E. Sewer Connection Fund For upgrade and replacement of the sewer collection system. F. Lighting and Landscape District Fund For the establishment, maintenance, and administration of lighting and landscape maintenance districts. SECTION 8 The Police Chief and officers of the Police Department, the City Attorney, the Fire Chief, Fire Prevention Officer, the Building Official, the Community Development Director, City Planners, building inspectors, January 79, 1993 Page 9 ORDINANCE NO. 975 code enforcement officers, and all City Officials charged with the issuance of licenses and permits shall enforce the provisions of this ordinance, and are authorized to issue a citation for violation thereof. A. No Permits To Be Issued. No permit of any nature shall be issued under the provisions of this ordinance which is not in accordance with the provisions of this ordinance. Any permit issued contrary to the provisions of this ordinance shall he void and of no effect. B. Legal Procedure. Any building or structure erected or maintained, any grading, or any use of property contrary to the provisions of this ordinance shall be and the same is hereby declared to he unlawful and a public nuisance and the City Attorney shall immediately commence action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take such other steps, and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or removal of such building, structure or use and restrain and enjoin any person from setting up, erecting or maintaining such building or structure, grading, or using any property contrary to the provisions of this ordinance. It shall he the right and the duty of every citizen to participate and assist the City officials in the enforcement of this ordinance. C. Remedies. All remedies provided for herein shall he cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting prohibited buildings structures or improvements, nor prevent the enforced correction or removal thereof. D. Repeal of Conflicting Ordinances. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the adopted codes or standards are hereby repealed. SECTION 9 PENALTIES It shall he unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to he done in violation of this code. Violation of the provisions of this Ordinance or the Uniform Building Code is deemed to he a misdemeanor in accordance with Government Code Section 36900 (a) punishable by a line not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six (6) months, or by both fine and imprisonment. A person is guilty of a separate offense each day during which he commits, continues or pei wits a violation of this Ordinance or the Uniform Building Code. Violation of this Ordinance is declared to be a public nuisance, and the City Attorney may institute necessary legal procedures for the abatement, removal or injoinment thereof in the manner provided by law, or may take such other steps as he or she deems necessary to accommodate these ends. The application of any penalty shall not be held to prevent the enforced removal of prohibited conditions. SECTION 10 VALIDITY The City of San Jacinto hereby declares that should any section, paragraph, sentence or word of this ordinance or of the adopted codes or standards he declared for any reason invalid, it is the intent of the City of San Jacinto that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may he declared invalid. January 19, 1993 Page 10 ORDINANCE NO. 975 SECTION 11 DATE OF EFFECT This Ordinance shall take effect and be in force from and after its approval as required by law. The City Clerk shall certify to the adoption of this ordinance and cause the same to he published in a newspaper of general circulation and published in the County of Riverside, State of California. INTRODUCED at a regular meeting of said City Council on the 5th day of January, 1993. MOVED, PASSED and ADOPTED at a regular meeting of said City Council on the 19th day of January, 1993, by the following vote: AYES: NOES: ABSENT: ATTEST: Mayor City Clerk CERTIFICATE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF SAN JACINTO I, Maurice Armster. City Clerk of the City of San Jacinto, do hereby certify that the foregoing is a true copy of Ordinance No. 975 duly adopted by the City Council of the City of San Jacinto at a regular meeting thereof held the 19th day of January, 1993. WITNESS my hand and official seal of the City of San Jacinto this day of January, 1993 January 19, 1993 Page 11 TO: City of San Jacinto Staff Report Honorable Mayor and Members of the City Council FROM: Ross Chadwick, Fire Chief/Building Official via Pamela S. Easter, City Manager DATE: January 19, 1993 SUBJECT: Adoption of 1991 Uniform Fire Code (U.F.C.) and Related Codes and Standards RECOMMENDATION: 5 .,Q Adopt Ordinance No. 976 which adopts the 1991 Uniform Fire Code (U.F.C.) and related fire codes and standards with certain amendments. BACKGROUND: Staff will also present to Council a recommended Resolution at the January 19th, 1993, regular City Council meeting which will set the amount of the fees referred to in this Ordinance. This is the reason the public hearing was continued from the City Council meeting of January 5th, 1993 to the meeting of January 19th, 1993. The U.F.C. provides the following kinds of detailed fire -protection requirements for new construction: water supplies for firefighting; access for fire department apparatus; fire extinguishing systems; and also, specific standards regarding hazardous processes and uses, such as flammable liquids, compressed gases. hazardous materials, etc. In addition, the Fire Code is intended to be a maintenance code to ensure that buildings remain safe once built and occupied. The U.F.C. is intended to be one part of a package of model codes including the Uniform Building Code (U.B.C.), Uniform Mechanical Code (U.M.C), and the Uniform Plumbing Code (U.P.C). ORDINANCE NO. 976 "FIRE PROTECTION ORDINANCE" AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ESTABLISHING A FIRE AND SAFETY INSPECTION PROGRAM; ESTABLISHING CERTAIN FEES; ADOPTING THE UNIFORM FIRE CODE, 1991 EDITION, WITH CERTAIN AMENDMENTS, THE UNIFORM FIRE CODE STANDARDS, 1991 EDITION, AND THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS 13, 1991 EDITION, 13-D, 1991 EDITION, AND 13- R, 1991 EDITION; PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, HAZARDOUS MATERIALS OR EXPLOSION; PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS; ESTABLISHING A BUREAU OF FIRE PREVENTION, PROVIDING OFFICERS THEREOF AND DEFINING THEIR POWERS AND DUTIES, AND; REPEALING ORDINANCE NO. 917. The City Council of the City of San Jacinto does ordain as follows: Section 1 GENERAL PROVISIONS This Ordinance shall he known and may he cited as the City of San Jacinto Fire Protection Ordinance. This Ordinance shall be construed and applied to promote its basic purposes and policies which are: (a) To safeguard to a reasonable degree life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices. (h) To safeguard to a reasonable degree life and property from hazardous conditions arising from the division of land and the use or occupancy of the building or premises. Section 2 ADMINISTRATION The City of San Jacinto Fire Chief is authorized and directed to enforce all applicable State fire laws and the provisions of this Ordinance, and he shall perform such related duties as may he fixed by the City Manager and/or the City Council, and for such purposes he shall have the power of a peace officer. Section 3 ADOPTION OF THE UNIFORM FIRE CODE AND N.F.P.A. STANDARDS 13, 13-D AND 13-R There is hereby adopted by the City Council for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion; providing for the issuance of permits and collection of fees therefore; providing for penalties for violations thereof; collecting necessary fees; that a certain code known as the Uniform Fire Code published by the Western Fire Chiefs Association and the International Conference of Building Officials being particularly the 1991 Edition thereof and to include all appendix thereto, save and except such portions as are hereinafter deleted, modified, or amended by this Ordinance, the Uniform Fire Standards, 1991 Edition, and the National Fire Protection Association Standards 13. 1991 Edition, 13-D, 1991 Edition, and 13-R, 1991 Edition, save and except such portions as are hereinafter deleted. modified or amended by this Ordinance. Not less than three (3) copies of these codes and standards have been and are now filed in the office of the Clerk of the City of San Jacinto, and January 19, 1993 Page 1 "Fire Protection Ordinance" - ORDINANCE NO. 976 the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this Ordinance shall take effect, the provisions thereof shall he controlling within the limits of the City of San Jacinto. Definitions: (a) Wherever the word "jurisdiction" is used in the Uniform Fire Code, City of San Jacinto. shall he held to mean the (b) Whenever the term ""Corporation Council" is used in the Uniform Fire Code, it shall be held to mean the attorney for the City of San Jacinto. (c) Wherever the words "chief of the bureau of fire prevention" are used, they shall be held to mean the "Fire Marshal." (d) "Nonambulatory Person" means a person who is unable to leave a building unassisted under emergency conditions. It also includes persons who are unable, or likely to be unable, to respond physically or mentally to an oral instruction relating to fire danger and, unassisted, take appropriate action relating to such danger. Section 4 ESTABLISHMENT AND DUTIES OF THE BUREAU OF FIRE PREVENTION The Uniform Fire Code and the regulations set forth in this Ordinance shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City of San Jacinto which is hereby established and which shall he operated under the supervision of the Chief of the Fire Department. The Fire Chief of the City of San Jacinto shall be the Fire Marshal. The Chief of the Fire Department may detail such members of the Fire Department as inspectors as shall from time to time he necessary. The Chief of the Fire Department shall recommend to the City Manager the employment of technical inspectors, who, when such authorization is made, shall he selected through an examination to determine their fitness for the position. The examination shall he open to members and nonmembers of the Fire Department, and appointments shall be for an indefinite term with removal only for cause. Section 5 FINDINGS OF FACT FOR REQUIREMENTS MORE RESTRICTIVE THAN THE STATE BUILDING STANDARDS The following are the "Findings of Facts" as submitted by the City of San Jacinto for the purpose of meeting the Health and Safety Code, Section (s) 17958.5 (a) and (b) with regards to local requirements which are more restrictive than the State Building Standards with respect to climatic, geographical and topographical conditions. In furtherance thereof, the following findings are declared and adopted: (a) The City of San Jacinto receives relatively low amounts of precipitation, low humidity and high temperatures. Such climate conditions are conducive to the spread of fire. Normal prevailing winds in the afternoon often reach 15 to 20 miles per hour. (b) Strong winds commonly referred to as Santa Ana Winds have reached speeds up to 60 miles per hour in the San Jacinto Valley during various months of past years. Damage that can occur during such winds includes: downed trees, utility poles, utility circuits and lines. (c) Within the City limits of San Jacinto there is a a very active earthquake fault called the San Jacinto. Fault. This fault has produced earthquakes in the past which two times severely damaged the City. There are also other faults in the adjacent areas, including the San Andreas Fault. In the January 19, 1993 Page 2 "Fire Protection Ordinance" - ORDINANCE NO. 976 event of a severe earthquake, these faults present the potential for catastrophic damage including fire, damage to roadways, and other impairments of emergency apparatus. (d) Within the City limits of San Jacinto there is a major river hed (dry at this time) which divides one portion of the City from the other. During flooding conditions, emergency access may be severely impaired if not completely cut off. Severe flooding has occurred several times in the City with resulting devastating impacts on public safety resources, especially the Fire Department. (e) Development has occurred and continues to occur in the San Jacinto Valley, including the City, at a rapid pace. Traffic congestion is becoming a reality and can reduce response times to various areas of the City. This condition will worsen as development continues. (t) At the present time there is only one fire station to cover the entire City. Annexations continue to increase the response area of all emergency services. Flash over in new construction may happen in as little as 4 minutes. (g) The City of San Jacinto has three different water companies servicing the area. (h) The City of San Jacinto presently has and is considering annexation of hillside areas that include brush, limited access and other potential firefighting problems such as reduced water pressure and flow. (i} Automatic sprinklers in residential occupancies conserve water in fires and therefore efficiently use this increasingly valuable and diminishing resource. (j) Studies have shown that losses due to tire in unsprinklered buildings are four times greater than such losses in sprinklered buildings. (Studies were conducted by the Los Angeles Fire Department and a private consultant and were called the "Marina Del Rey test") (k) Data reveals that no single fire causing three or more fatalities, has occurred in sprinklered residential structures. The National Fire Protection Association operates the Fire Incident Data Organization System and has for decades collected data that supports this finding. (I) Automatic fire protection systems are the single greatest means of reducing the severity of structural fires. Recent studies of wildland fires have also shown the reduced impact of these tires in sprinklered dwellings as compared to unsprinklered dwellings (research of the Santa Barbara and Oakland fires). In addition. sprinklered structures in Los Angeles during the riots of 1992 had a much higher survival rate than unsprinklered buildings. (m) Studies of urhan/wildland interface fires strongly indicate that combustible roofs significantly contribute to the high property loss and spread of those fires. Section 6 FEES AND CHARGES Fees and charges shall he imposed and collected by the City for new development mitigation, certain fire prevention services and cost recovery of certain Fire Department services. The amount of such fees and charges shall he established by City Council resolution. A Schedule of currently approved fees and charges shall he filed with the City Clerk and shall be available for public inspection. January 19, 1993 Page 3 "Fire Protection Ordinance - ORDINANCE NO. 976 Section 7 FINDINGS OF FACT FOR REQUIREMENTS OF FEES AND CHARGES The San Jacinto Fire Department has duly proposed and made available to the City Council and to the public, data indicating the estimated cost of providing fire services. Such data is contained within certain Report entitled FIRE DEPARTMENT REPORT TO THE CITY COUNCIL - FEES AND CHARGES (originally dated October 1990, and as revised or updated), which Report is a matter of public record and was and remains available for public inspection. New development does and will continue to adversely impact the City's Fire Department, the City Council finds and determines that unless fees are imposed on new residential, commercial and industrial development within the City to finance the needed facilities and improvements identified by the City, such new development will adversely affect the public health, safety and welfare of the citizens of San Jacinto. The Fire Department mitigation fee collected pursuant to this Ordinance shall be used to finance Public Facilities as defined in Government Code Section 66000, including" fire facilities, equipment and improvements which are needed as a result of new development. A public hearing was held on October 30th, 1990 and November 6th, 1990, concerning Fire Department fees and charges, at which time the FIRE DEPARTMENT REPORT TO THE CITY COUNCIL - FEES AND CHARGES was presented, considered and public comment received thereon. In imposing and establishing the Fire Department New Development Mitigation Fees as part of this Ordinance, the City Council does hereby find and declare the following: (a) The increased development of land within the City of San Jacinto will impact the level of fire service provided by the City. New annexations and developments create a need to expand fire protection service, fire station facilities and fire department equipment, and personnel. The need for such fire department protection improvement results directly from the increase in density in the City of San Jacinto by the development of land and the construction of residential, commercial, industrial and mobile home units. The most practical and equitable method of collecting the funds necessary to provide such public improvements and mitigating the impacts of growth is to impose a development fee on new construction and new projects with the City of San Jacinto_ (h) The Public Facilities to he constructed, financed and used by the implementation of these development mitigation fees are more particularly described in the FIRE DEPARTMENT REPORT TO THE CITY COUNCIL - FEES AND CHARGES (originally dated October 1990, and as revised or updated), which Report is a public document. (c) That further residential development within the City of San Jacinto will require the construction, staffing and equipping of new fire stations and facilities in order to provide reasonable service levels and to protect life and property. All as more particularly described in the FIRE DEPARTMENT REPORT TO THE CITY COUNCIL - FEES AND CHARGES (originally dated October 1990, and as revised or updated). (d) That further commercial and industrial development in the City of San Jacinto will cause additional risks of fire and other hazards, will create the necessity for additional public facilities including fire stations, equipment and the increase in staffing in order to provide reasonable service levels and to protect life and property, as was more particularly described in the FIRE DEPARTMENT REPORT TO THE CITY COUNCIL - FEES AND CHARGES (originally dated October 1990, and as revised or updated). (e) That the fees imposed by this Ordinance are calculated to best estimate the actual impact of such new residential, commercial and industrial development as they relate to the provision of additional fire department public facilities and that such additional public facilities are necessitated January 19, 1993 Page 4 "Fire Protection Ordinance" - ORDINANCE NO. 976 (c) to serve such new development as more particularly described in the FIRE DEPARTMENT REPORT TO THE CITY COUNCIL - FEES AND CHARGES (originally dated October 1990, and as revised or updated). Section 8 FIRE AND SAFETY INSPECTION PROGRAM The Fire Chief shall develop and implement an annual Fire and Safety Inspection Program for all buildings, other than single family dwellings (R-3 occupancies). The Fire Chief shall make such inspections of buildings, premises, land uses, and appliances, as may be necessary, for the purpose of ascertaining and causing to be corrected any condition which would tend to cause fire or contribute to its spread, or which may he a violation of the provisions of this Ordinance or any State law or regulation involving fire safety. Definitions (a) Initial Fire Prevention and Safety Inspection: The first inspection made by the San Jacinto Fire Department's Fire Prevention Officer in the FIRE PREVENTION AND SAFETY PROGRAM will be the Initial Fire Prevention and Safety Inspection. A fee will not be charged. The objectives of this Initial inspection will be to: (1) Obtain better life safety conditions by checking fire escapes, fire exits, aisles, halls and stairs. (2) Keep fires from starting by eliminating hazards such as electrical, had housekeeping, and improper storage of hazardous materials. (3) Check the maintenance of fire protection equipment by inspecting and testing, if necessary, fire extinguishers, fire sprinklers, fire standpipes, fire detection and alarm devices, and fire hydrants. (4) Help owner or occupant to maintain better life and fire safety conditions by giving advice and suggestions, educating, and encouraging a "Year-round Fire Prevention and Protection Program." (5) Assemble facts concerning the owner/occupant and the building and its contents by starting a Fire Department file containing the following information: twenty-four hour emergency contacts; building construction type; building contents; needed fire flow; exposures and other hazards; other information useful in fighting and investigating a fire in the building should it occur. (b) Annual Fire Prevention and Safety Inspection: The San Jacinto Fire Department will inspect all occupancies, other than single family dwellings (R-3 occupancies), on an annual basis after the Initial Inspection, This Annual Inspection will help the owner or occupant identify and correct all possible conditions which might start or contribute to a fire. To promote an incentive for good fire safety, a fee will not he charged for this inspection. In order to help the owner or occupant correct any possible violations before the Annual Inspection, the Fire Department will send out a self -inspection checklist prior to the Annual Inspection. Some "B" occupancies may be given the option of self -inspection, in which cases the Fire Department will only inspect the occupancy when requested. Follow-up Inspection: Follow-up Inspections are made by the San Jacinto Fire Department after a specified time to deteuuine if all serious violations have been corrected or resolved by the owner or occupant. Follow-up Inspections will not he made for "minor" violations. A fee will not he assessed for Follow-up inspections. If violations have not been January 19, 1993 Page 5 "Fire Protection Ordinance" - ORDINANCE NO. 976 corrected or resolved by the Follow-up Inspection, a Pre -Citation Letter will he issued and a date set for a Non -Compliance Inspection. (d) Non -Compliance Inspection: If an inspection is necessary after a Follow-up Inspection because the owner or occupant has not corrected all fire violations within a specified time limit, a Non -Compliance Inspection will he made after a short specified time limit as stated in the Pre -Citation Letter. In all cases a fee will he assessed according to the Fee Schedule for a Non - Compliance Inspection. If violations have still not been corrected or resolved, a Citation will be issued and a Court appearance date set. At the time of, but no later than thirty (30) days after a Non -Compliance Inspection is made pursuant to this Program, the person who owns, operates, or is in possession of the building, premises, land uses, or appliances at the time that they are inspected shall pay the applicable fee according to the Fee Schedule. Citation: The Fire Prevention Bureau shall be responsible for the enforcement of laws and regulations for the safeguarding, to a reasonable degree, of life and property from the hazards of fire and explosion and from conditions hazardous to life and property. It is the intent of the Fire Department to achieve compliance by traditional means of inspection, notification, granting of reasonable time to comply and re -inspection. A "citation" shall be used only after all reasonable means to gain compliance have failed or, with proper justification, at the discretion of the Fire Chief. Only those Fire Department members specifically designated by the Fire Chief may issue citations. (e) Section 9 ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH THE SOURCE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVEGROUND TANKS IS PROHIBITED The limits referred to in Section 79.501 of the Uniform Fire Code in which the storage of flammable or; combustible liquids is restricted are hereby established as follows: Installations of aboveground flammable' or combustible liquids storage tanks shall be permitted inside the City in the M-1 zone with approval of the Fire Chief and may be permitted in some C-M or commercial zones with special permission of the Fire Chief. The City of San Jacinto adopts the Riverside County Fire Chiefs "Standard For Dispensing Flammable and Combustible Liquids from Aboveground Tanks." All aboveground tanks shall meet the requirements in the Uniform Fire Code and the County Standard for aboveground tanks. Section 10 ESTABLISHMENT OF LIMITS IN WHICH THE STORAGE OF LIQUEFIED PETROLEUM GASES IS TO BE RESTRICTED The limits referred to in Section 82.104 of the Uniform Fire Code, in which storage of liquefied petroleum gas is restricted, are hereby established as follows: All zones except areas of the M-I zone which are more than 500 feet from a different zoning designation. Section 11 ESTABLISHMENT OF LIMITED OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PROHIBITED The limits referred to in Section 77.106 (h) of the Uniform Fire Code, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: All zones except areas of IvI-1 zone which are more than 500 feet from a different zoning designation. January 19, 1993 Page 6 "Fire Protection Ordinance" - ORDINANCE NO. 976 Section 12 AMENDMENTS MADE TO THE UNIFORM FIRE CODE (1991 EDITION) The Uniform Fire Code (1991 Edition) is amended and changed in the following respects: Article 2, Division II of the UFC is amended by adding Section 2.208 and 2.209 as follows: Cost Recovery Section 2.208. (a) Fire Suppression, investigation and rescue or emergency medical costs are recoverable in accordance with California Health and Safety Code Sections 13009(a) and 13009.1. (b) Any person who negligently or intentionally, or in violation of law, causes an emergency response, including but not limited to, a traffic accident or spill of toxic or flammable fluids or chemicals, is liable for the costs of securing such emergency, including those costs set out in California Health and Safety Code Section 13004.6, and as provided by Government Code Section 53140, et seq. Any expense incurred by the Fire Department for securing such an emergency situation shall constitute a debt of such person and shall he collectible by the public agency in the same manner as in the case of an obligation under contract, expressed or implied. Current recovery costs are outlined in Exhibit D to this Ordinance. New Development Mitigation Section 2.209. (a) All new residential development shall he assessed a fire department mitigation impact fee, either as a one time fee or as part of a Community Facilities District Assessment. (b) All new commercial and industrial shall he assessed a fire department mitigation impact fee, either as a one time fee or as part of a Community Facilities District Assessment. UFC 2.304 is amended by adding (c) as follows: (c) San Jacinto Fire Department, Standards for Fire Prevention. The standards as published by the San Jacinto Fire Department, Fire Prevention Bureau, are intended for use as a guide in the design, fabrication, installation, testing and use of equipment and other items regulated by this code. UFC Article 4 is amended by adding the following new sections: UFC Section 4.109 Plans Approved Except as otherwise determined by the Chief, plans submitted in support of an application for a building permit to construct buildings for occupancies classified as A, E, H, or I, as defined in the 1991 Edition of the Unifouu Fire Code, shall he reviewed by the Fire Department. UFC Section 4.110 Posting and Inspection (a) No portion of any equipment requiring a permit under this code, intended to he covered by earth or by enclosure within permanent portions of a building or structure, shall he enclosed until inspected and approved by the Chief. An inspection shall he requested prior to the covering or January 19, 1993 Page 7 "Fire Protection Ordinance" - ORDINANCE NO. 976 enclosing of any such equipment. Such requests shall be made not less than 24 hours prior to the estimated time of inspection, and in no case later than 4:O0p.m. on the last working day prior to the requested date of inspection. Such installation shall not be covered until after it has been inspected by an authorized person. (h) When construction or installation requiring a permit under this code is covered or concealed without first having been inspected, the Chief may require, by written notice, that such work shall he exposed for inspection. The work of exposing and recovering shall not entail any expense to the Fire Department. Whenever any construction or installation work is being performed in violation of the plans and specifications as approved by the chief, a written notice shall be issued to the responsible party to stop work on that portion of the work which is in violation. The notice shall state the nature of the violation, and no work shall be done on that portion until the violation has been corrected. UFC Section 4.111 Sale or Delivery Without Permit No person shall sell, deliver or cause to be delivered any commodity to any person not in possession of a valid permit when such permit is required by the provisions of this code. UFC Section 4.112 Permit Fees Required Any permit or certificate issued under this code is hereby subject to the payment of an annual fee in an amount which may he amended from time -to -time by resolution of the City Council. UFC Section 10.301 is hereby amended by the addition of (c): (c) Illuminated Directory. All condominiums, apartment complexes, town houses, and mobile home parks shall have installed, and maintained, at points of entry, an illuminated directory consisting of a plot plan showing private drives, access roads, and building locations. This directory shall also include the name of the complex; a reference point on the plot plan indicating the location of the directory; and a North direction indicator. Drawings showing the above including size, materials, electrical components and wiring and location of installation shall be submitted through the Fire Prevention Bureau for review and approval. UFC Section 10.301 is hereby amended to read as follows: (a) General. All new commercial and/or manufacturing buildings constructed after the effective date of this section and all existing commercial and/or manufacturing building which undergo remodeling in excess of $1,000.00 after the effective date of this section shall he provided with a master key Knox Box at a location approved by the Fire Department. Such box shall he provided with master keys necessary for access to all portions of the premises. Such box and keys shall be issued prior to occupancy and/or final inspection. (b) Buildings with Elevators. All buildings equipped with elevators shall he provided with a master key Knox Box as in (a) above. (c) Buildings with fire alarm systems or fire sprinkler systems. Any building other than a residential building of less than six (6) units which has a fire alarm system or other fire protection system shall provide a secure Knox Box installed in a location accessible to the Fire Department. This box shall contain keys to tire alarm control panels and other keys necessary to operate or service fire alarm control panels and other keys necessary to operate or service fire protection systems. EXCEPTION: Residential buildings of less than six (6) units. January 19, 1993 Page 8 "Fire Protection Ordinance" - ORDINANCE NO. 976 (d) Buildings with hazardous materials. Cabinet style Knox Box vaults shall he used when any building has any hazardous material on site on in the building. This vault shall contain keys for entry to the building, hazardous material information, MSDS data sheets, site plans, floor plans, current inventories and any other pertinent chemical information. UFC Article 10 is hereby amended by adding new Section 10.306 as follows: Gates Section 10.306. (a) All electrically operated gates shall have a manual override to he approved by the Fire Department. (h) Gates must be maintained in good working order. (c) An approved key switch device shall he provided for Fire Department access. (d) All gates must conform to the following dimensions: (1) Rolling gates. Shall have not less than 20 feet unobstructed width in the open position. (2) Lift gates. When two gates are on opposite sides of an entrance, they shall have not less than 20 feet of unobstructed width in the open position. When two are used and are on the driver's side of each lane, they must have 14 feet unobstructed width with the gate in the open position. (3) Swinging gates. Shall have not less than 20 feet of unobstructed width in open position. This may he done with a 14 foot swinging gate and a 6 foot manually openable gate. UFC Section 10.507 is deleted in its entirety and new UFC 10.507 is added as follows: (a) General. An automatic tire extinguishing system shall he installed and maintained in operable condition in the occupancies and locations as set forth in this Section. For special provisions on hazardous chemicals and magnesium, and calcium carbide, see Sections 10.501 and Articles 45, 48, 49 and 80 of the Uniform Fire Code. (h) Where Required. All New Occupancies. An approved automatic sprinkler system shall he installed and maintained in all new occupancies regardless of floor area, occupancy type, construction type or separations. All approved automatic fire sprinkler systems shall conform to the appropriate National Fire Protection Association Standards 13, 13-D, and 13-R and the San Jacinto Fire Department Standards and Policies. EXCEPTIONS: Group M occupancies which are detached, do not exceed 500 square feet of total fire area and are located a minimum of ten (10) feet from adjacent buildings and five (5) feet from property lines. Existing Occupancies. An approved automatic fire sprinkler system shall he installed and maintained throughout all such buildings or structures which legally exist on the date this Section becomes law, as follows: January 19, 1993 Page 9 "Fire Protection Ordinance" - ORDINANCE NO. 976 (1) Buildings or structures occupied as single family or duplex dwellings and all Group M occupancies; whenever the building or structure is moved into or within this jurisdiction or the total floor area, including lofts, mezzanines, basements, cellars and additional stories is increased by fifty percent (50 %) or more. All increases in floor area will he cumulative and compared to the legally constructed floor area existing at the time of adoption of this Section. (2) No buildings or structures utilized for any other occupancy shall be moved, altered or enlarged unless action results in compliance with this Section as a new building. (3) Whenever an existing building or structure, which is not in compliance with this Section, is destroyed by fire or other calamity, by act of God or by the public enemy to the extent of forty-nine percent (49%) or less, the building or structure may be restored without change and the use resumed, without compliance, provided that work or restoration is begun within one (1) year and diligently pursued to completion. When destruction exceeds forty-nine percent (49%), the time frame above is not met or the building or structure is voluntarily razed or, is required by law to he razed, the structure shall not he restored except in full conformance with this Section as a new building. The extent of damage shall be based upon the ratio of the estimated cost of restoration (to its condition prior to such damage), to the estimated cost of duplicating the entire structure as it existed. Estimates for this purpose shall be made by or reviewed and approved by the Building Official and shall be based on the minimum cost of construction in accordance with the most recent edition of the Building Standards as published by the International Conference of Building Officials. (4) Whenever any building or structure has been abandoned, discontinued for use or vacated fora continuous period of 180 days or more the building or structure prior to any occupancies or use shall be brought into compliance with this Section as a new building. EXCEPTION: Buildings or structures classed as Group R, Divisions 1 or 3 and Group M that are necessary to Group R, Divisions 1 or 3. (5) No existing building or structure that experiences a change in use that would change the occupancy classification shall be occupied or used until it is brought into conformance with this Section as a new building. EXCEPTION: Group M occupancies that are necessary to Group R, Division 3 and legally converted to a Group R, Division 3. UFC Article 11 is hereby amended by adding new Section 11.305 as follows: Vehicles Leaking Gasoline or Other Hazardous Material. UFC Section 11.305 When any vehicle is leaking gasoline or other hazardous material and it is practical to stop such leaking, and in the opinion of the Chief or his authorized representative, it created a fire or safety hazard as defined in this code, the Chief or his authorized representative may order the removal of the vehicle from a public roadway or private property. Vehicle is to be stored in a safe manner in an approved police impound lot. at the sole expense of the owner. January 19, 1993 Page 10 "Fire Protection Ordinance" ORDINANCE NO. 976 UFC Section 25.116 (c), 11 is hereby amended to read as follows: 11. Candles held in person's hands are especially dangerous and shall not he permitted. Battery operated simulated candles are available and may be used. UFC Section 78.202 is hereby revised with the addition of a new second paragraph: The Chief shall seize, take, remove or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored or held in violation of this Article. Section 13 APPEALS Whenever the Fire Chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the UFC or this Ordinance do not apply or that the true intent and meaning of the UFC or this Ordinance have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Fire chief to the City Manager within 30 days from the date of the decision appealed. Any person who is dissatisfied or adversely affected, or unduly financially burdened with any decision or ruling of the City Manager under the provisions of this Ordinance may appeal to the City Council within thirty (30) days from the date of the City Manager's decision. The City Council shall have the power to grant or deny such an appeal. The appeal to the City Council shall he made by filing with the City Clerk the intention to appeal the decision or ruling by the City Manager. Section 14 NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS The City Manager, Building Official, and the Fire Chief shall act as a committee to determine and specify, after giving affected persons an opportunity to he heard, any new materials, processes or occupancies for which permits are required in addition to those now enumerated in the UBC. Section 15 ISSUANCE OF CITATIONS BY DESIGNATED OFFICERS AND EMPLOYEES The Fire Prevention Bureau shall he responsible for the enforcement of laws and regulations for the safeguarding, to a reasonable degree, of life and property from the hazards of fire and explosion and from conditions hazardous to life and property. It is the intent of the Fire Department to achieve, compliance by traditional means of inspection, notification, granting of reasonable time to comply and reinspection. A "citation" shall he used only after all reasonable means to gain compliance have failed or, with proper justification, at the discretion of the Fire Chief. Officers and employees of the City of San Jacinto who have discretionary duty to enforce a statute or ordinance may, pursuant to Chapter 1.12, ENFORCEMENT AUTHORITY, San Jacinto Municipal Code and subject to the provision hereof, arrest a person without a warrant whenever any such officer or employee has reasonable cause to believe that the person to he arrested has committed a misdemeanor in the officer's or employee's presence which he or she has the discretionary duty to enforce, and to issue a notice to appear and to release such person on his or her written promise to appear in court, pursuant to California State law. No officer or employee shall he allowed by his or her supervisor to exercise the arrest and citation authority herein conferred, unless such officer or employee is within a classification of City officers and employees designated by resolution of the City Council to exercise such arrest and citation authority as to specified misdemeanor violations. January 19, 1993 Page 11 "Fire Protection Ordinance" - ORDINANCE NO. 976 Section 16 RIGHT OF ENTRY Whenever necessary to make an inspection to enforce any of the provisions of this Ordinance, or wherever the Fire Marshal or any fire enforcement officer has reasonable cause to believe that here exists in any building or upon any premises any condition or violation of this Ordinance, the Fire Marshal or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the fire official by this Ordinance; provided that if such building or premises he occupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the fire officer or his authorized representative shall have recourse to every remedy provided by law to secure entry. Section 17 VIOLATION Violation of the provisions of this Ordinance or the Uniform Fire Code is deemed to be a misdemeanor in accordance with Government Code Section 36900 (a) punishable by a fine not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six (6) months, or by both fine and imprisonment. A person is guilty of a separate offense each day during which he commits, continues or permits a violation of this Ordinance or the Uniform Fire Code. Violation of this Ordinance is declared to he a public nuisance, and the City Attorney may institute necessary legal procedures for the abatement, removal or injoinment thereof in the manner provided by law, or may take such other steps as he or she deems necessary to accommodate these ends. The application of any penalty shall not he held to prevent the enforced removal of prohibited conditions. Section 18 REPEAL OF CONFLICTING ORDINANCES Ordinance Number 917 is hereby repealed. Section 19 VALIDITY The San Jacinto City Council hereby declares that should any section, paragraph, sentence or word of this Ordinance or of the UFC Code or Standards hereby adopted he declared for any reason to he invalid, it is the intent of the City Council that it would have passed all other portions of this Ordinance independent of the elimination here from of any such portion as may be declared invalid. Section 20 DATE OF EFFECT This Ordinance shall take effect and be in force from and after its approval as required by law. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published in a newspaper of general circulation and published in the County of Riverside, State of California. INTRODUCED at a regular meeting of said City Council on the 5th day of January, 1993. MOVED, PASSED and ADOPTED at a regular meeting of said City Council on the 19th day of January, 1993 by the following vote: AYES: January 19, 1993 Page 12 "Fire Protection Ordinance" - ORDINANCE NO. 976 NOES: ABSENT: ATTEST: M a y o r City Clerk CERTIFICATE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF SAN JACINTO I, Maurice Armster, City Clerk of the City of San Jacinto, do hereby certify that the foregoing is a true copy of Ordinance No. 976 duly adopted by the City Council of the City of San Jacinto at a regular meeting thereof held the 19th day of January, 1993. 1993. WITNESS my hand and official seal of the City of San Jacinto this day of January City Clerk January 19, 1993 Page 13 TO: CITY OF SAN JACINTO Staff Report Honorable Mayor and Members of the City Council FROM: Ross Chadwick, Fire Chief/Building Official /2C via Pamela S. Easter, City Manager DATE: January 19, 1993 r/u1 SUBJECT: "Earthquake Hazard Reduction in Existing Buildings" Ordinance RECOMMENDATION: Adopt Ordinance No. 977 regarding earthquake hazard reduction in existing buildings, especially as it relates to unreinforced masonry buildings. BACKGROUND: This ordinance addresses the unreinforced masonry (URM) buildings in the City of San Jacinto. The provisions of this ordinance are intended as minimum standards for structural seismic resistance established primarily to reduce the risk of life loss or injury. The ordinance also provides systematic procedures and standards for the identification and classification of unreinforced masonry bearing wall buildings based on their present use. Priorities, time periods and standards are also established under which these buildings are required to be structurally analyzed and anchored. Staff will be looking at several jurisdictions who have successfully mitigated their unreinforced masonry buildings. After this research, staff will be back to the Council in the next six months with some proposals to fund this program. ORDINANCE NO. 977 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ADDING CHAPTER 15.17 TO TITLE 15 OF THE SAN JACINTO MUNICIPAL CODE REGARDING EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES ORDAIN AS FOLLOWS: "CHAPTER 15.17" EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS NOTE: Code reference - 1991 Uniform Building Code (U.B.C.). Sections: 15.17.010 Title 15.17.020 Purpose 15.17.030 Scope 15.17.040 Definitions 15.17.050 Rating Classifications 15.17.060 General REquirements 15.17.070 Administration 15.17.080 Violations prohibited - penalties 15.17.090 Analysis and design 15.17.100 Materials of construction January 19. 1993 Page 1 "Earthquake Hazard Reduction in Buildings" - Ordinance No. 977 15.17.010 TITLE This chapter shall be known and referred to as the "earthquake hazard reduction code of the City of San Jacinto." 15.17.020 PURPOSE The purpose of this chapter is to promote public safety and welfare by reducing the risk of death or injury that may result from the effects of earthquakes on unreinforced masonry bearing wall buildings constructed prior to 1934 (the adoption date of the Building Code requiring earthquake resistant design of buildings). Such buildings have been widely recognized for sustaining life - hazardous damage, including partial or complete collapse during moderate to strong earthquakes. The provisions of this chapter are intended as minimum standards for structural seismic resistance established primarily to reduce the risk of life loss or injury. Compliance with these standards will not necessarily prevent loss of life or injury or prevent earthquake damage to rehabilitated buildings. This chapter does not require alteration of existing electrical, plumbing, mechanical or fire safety systems unless they constitute a hazard to life or property. This chapter provides systematic procedures and standards for identification and classification of unreinforced masonry hearing wall buildings based on their present use. Priorities, time periods and standards are also established under which these buildings are required to be structurally analyzed and anchored. Where the analysis finds deficiencies, this chapter requires the building to be strengthened or demolished. Qualified Historical Buildings shall comply with the State Historical Building Code (SHBC) established under Part 8, Title 24 of the California Administrative Code. 15.17.030 SCOPE The provisions of this chapter shall apply to all buildings constructed or under construction prior to October 6, 1933 (adoption date of local earthquake resistant code requirements), or for which a building permit was issued prior to October 6, 1933, which on the effective date of this ordinance have unreinforced masonry bearing walls as defined herein or any other building found to have unreinforced masonry bearing walls. EXCEPTION: This division shall not apply to detached one or two family dwellings and detached apartment houses containing less than 5 dwelling units and used solely for residential purposes. 15.17.040 DEFINITIONS For purposes of this chapter, the applicable definitions in Sections 2302 and 2312 of the Uniform Building Code shall apply: ESSENTIAL BUILDING: Any building housing a hospital or other medical facility having surgery or emergency treatment areas; fire or police station; municipal government disaster operation and communication centers. January 19, 1993 Page 2 "Earthquake Hazard Reduction in Buildings" - Ordinance No. 977 HIGH RISK BUILDING: Any building, not classified as an essential building, having an occupant load of 100 or more, as determined by Section 3302 (a) U.B.C. EXCEPTION: A high risk building shall not include the following: 1. Any building having exterior walls braced with masonry crosswalks or wood frame crosswalks spaced less than 40 feet apart in each story. Crosswalks shall be full story height with a minimum length of 1 1/2 times the story height. 2. Any building used for its intended purpose, as determined by the building official, for less than 20 hours per week. LOW RISK BUILDING: Any building, not classified as an essential building, having an occupant load of less than 20 occupants as determined by Section 3302(a) U.B.C. MEDIUM RISK BUILDING: Any building, not classified as a high risk building or an essential building, having an occupant load of 20 occupants or more as determined by Section 3302(a) U.B.C. UNREINFORCED MASONRY BEARING WALL: A masonry wall having all of the following characteristics: 1. Provides the vertical support for a floor or roof. 2. The total superimposed load is over 100 pounds per linear foot. 3. The area of reinforcing steel is less than 50 percent of that required by Section 2407(h) U.B.C., 1991 Edition. 15.17.050 RATING CLASSIFICATION The rating classifications shown in Table A are hereby established and each huilding within the scope of this chapter shall he placed in one such rating classification by the building official. The total occupant load of the entire building as determined by Section 3302(a) shall be used to determined the rating classification. EXCEPTION: For the purpose of this chapter, portions of buildings constructed to act independently when resisting seismic forces may he placed in separate rating classifications. 15.17.060 GENERAL REQUIREMENTS The owner of each building within the scope of this chapter shall cause a structural analysis of the building to be made by a civil or structural engineer or architect licensed by the State of California. If the building does not meet the minimum earthquake standards specified in this chapter, the owner shall either cause it to he structurally altered to conform the such standards; or cause the building to be demolished. The owner of a building within the scope of this chapter shall comply with the requirements set forth above by submitting to the building official for review within the stated time limits: January 19, 1993 Page 3 "Earthquake Hazard Reduction in Buildings" - Ordinance No. 977 (a)Within 270 days after the service of the order, a structural analysis, which is subject to approval by the building official, and which shall demonstrate that the building meets the minimum requirements of this Chapter; or (h)Within 270 days after the service of the order, the structural analysis and plans for the proposed structural alterations of the building necessary to comply with the minimum requirements of this chapter; or (c)Within 120 days after service of the order, plans for the installation of wall anchors in accordance with the requirements specified in Section 15.17.080; or (d)Within 270 days after the service of the order, plans for the demolition of the building. After plans are submitted and approved by the building official, the owner shall obtain a building permit, commence and complete the required construction or demolition within the time limits set forth in Table B. These time limits shall begin to run from the date the order is served in accordance with Section 15.17.070 (a) and (h). Owners electing to comply with Subsection (c) of this section are also required to comply with Subsections (b) or (d) of this section provided, however, that the 270-day period provided for in such Subsections (h) and (d) and the time limits for obtaining a building permit, commencing construction and completing construction for complete structural alterations or building demolition set forth in Table B shall be extended in accordance with Table C. Each such extended time limit, except the time limit for commencing construction shall begin to run from the date the order is served in accordance with Section 15.17.070(h). The time limit for commencing construction shall commence from the date the building permit is issued. 15.17.070 ADMINISTRATION A. Service of Order. The building official shall issue and order, as provided in Section 15.17.070(h) to the owner of each building within the scope of this chapter in accordance with the minimum time periods for service of such orders set forth in Table C. The minimum time period for the service of such orders shall be measured from the effective date of Chapter 15.64. Upon receipt of a written request from the owner, the building official shall order a building to comply prior to the normal service date for such building set forth in this section. B. Contents of Order. The order shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment, and upon the person, if any, in apparent charge or control of the building. The order shall specify that the building has been determined by the building official to he within the scope of this chapter and, therefore, is required to meet the minimum seismic standards of this chapter. The order shall specify the rating classification of the building and shall be accompanied by a copy of Section 15.17.060 which sets forth the owner's alternatives and time limits for compliance. C. Appeal Form Order. The owner or person in charge or control of the building may appeal to the City Manager, the building official's initial determination that the building is within the scope of this chapter. Such January 19, 1993 Page 4 "Earthquake Hazard Reduction in Buildings" - Ordinance No. 977 appeal shall be filed with the hoard within 60 days from the service date of the order described in Section 15.17.070(h). Any such appeal shall be decided by the board no later than 60 days after the date that the appeal is tiled. Such appeal shall he made in writing upon appropriate forms provided therefor, by the building official and the grounds thereof shall he stated clearly and concisely. Each appeal shall be accompanied by a filing fee as set forth in the code. Appeals or requests for slight modifications from any other determinations, orders or actions by the building official pursuant to this chapter, shall he made in accordance with the normal appeal procedures established in this code. D. Recordation. At the time that the aforementioned order is served, the building official shall file with the office of the county recorder a certificate stating that the subject building is within the scope of Chapter 15.17 Earthquake Hazard Reduction in Existing Buildings. The certificate shall also state that the owner thereof has been ordered to structurally analyze the building and to structurally alter or demolish it where it is not found to comply with Chapter 15.17. If the building is found not to he within the scope of this chapter, or as a result of structural alterations or an analysis is found to be structurally capable of resisting minimum seismic forces required by this chapter; or is demolished; the building official shall file with the office of the county recorder a certificate terminating the status of the subject building as being classified within the scope of Chapter 15.17 Earthquake Hazard Reduction in Existing Buildings. E. Enforcement. if the owner or other person in charge or control of the subject building fails to comply with any order issued by the building official pursuant to this chapter within any of the time limits set forth in Section 15.17.060 the building official shall order the entire building vacated and remain vacated until such order has been complied with. If compliance with such order has not been accomplished within 90 days after the date the building has been ordered vacated, or by such additional time as may have been granted, the building official may order demolition of the building in accordance with the Abatement of Dangerous Buildings provisions of this code 15.17.080 VIOLATIONS PROHIBITED AND PENALTIES A. Violation Prohibited. No person, firm, partnership, association or corporation shall violate any provisions of this chapter and any provision of the codes, rules or regulations adopted in this chapter. B. Criminal Penalties. Any person, firm, partnership, association or corporation violating any of the provisions of this chapter or provisions of the codes, rules or regulations adopted in this chapter by reference is guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars or by imprisonment for a period of not more than six months, or by both such fine and imprisonment. C. Continuing Violation. January 19, 1993 Page 5 "Earthquake Hazard Reduction in Buildings" - Ordinance No. 977 Every person, firm, partnership, association or corporation violating any of the provisions, of this chapter or provisions of the codes, rules of regulations adopted in this chapter by reference is guilty of a separate offense for each day or portion thereof during which such violation continues and shall he punishahle thereof as provided in this chapter. 15.17.090 ANALYSIS AND DESIGN A. General. Every structure within the scope of this Division shall be analyzed and constructed to resist minimum total lateral seismic forces assumed to act nonconcurrently in the direction of each of the main axes of the structure in accordance with the following equation: V=ZIKCSW Formula (1) The value of IKCS need not exceed the values set forth in Table D based on the applicable rating classification of the building. B. Lateral Forces on Elements of Structures. Parts of portions of structures shall be analyzed and designed for lateral loads in accordance with Subsections 15.17.090(a) and 2312(e) of the Uniform Building Code hut not less than the value from the following equation: Fp=ZICp SWp Formula (2) For the provisions of this subsection, the product of IS need not exceed the values as set forth in Table E. EXCEPTION: Unreinforced masonry walls in buildings not having a rating classification of I may he analyzed in accordance with Section 15.17.100. The value of Cp need not exceed the values set forth in Table F. C. Anchorage and Interconnection. Anchorage and interconnection of all pans, portions and elements of the structure shall be analyzed and designed for lateral forces in accordance with Table F of this code and the equation Fp=ZICpSWp ad modified by Table E. Minimum anchorage of masonry walls to each floor or roof shall resist a minimum force of 200 pounds per linear foot acting normal to the wall at the level of the floor or roof. D. Level or Required Repair. Alterations and Repairs required to meet the provisions of this chapter shall comply with all other applicable requirements of the Uniform Building Code unless otherwise specifically provided for in this chapter. E. Required Analysis. I. General. January 19, 1993 Page 6 "Earthquake Hazard Reduction in Buildings" - Ordinance No. 977 Except as modified herein, the analysis and design relating to the structural alteration of existing structures within the scope of this chapter shall be in accordance with the analysis specified in Chapter 23. 2. Continuous Stress Path. A complete, continuous stress path from every part or portion of the structure to the ground shall be provided for the required horizontal forces. 3. Positive Connections. All parts, portions or elements of the structure shall be interconnected by positive means. Analysis Procedure. 1. General. Stresses in materials and existing construction utilized to transfer seismic forces from the ground to parts or portions of the structure shall conform to those permitted by the Uniform Building Code and those materials and types of construction specified in Section 15.17.100. 2. Connections. Materials and connectors used for interconnection of parts and portions of the structure shall conform to the Uniform Building Code. Nails may be used as part of an approved connector. 3. Unreinforced Masonry Walls. Except as modified herein, unreinforced masonry walls shall he analyzed as specified in Section 2406, 2407 and 2408 to withstand all vertical loads as specified in Chapter 23 of the Uniform Building Code in addition to the seismic forces required by this chapter. The 50 percent increase in the seismic force factor for shear walls as specified in Section 2407(h) 4F of the Uniform Building Code may he omitted in the computation of seismic loads to existing shear walls. No allowable tension stress will he permitted in unreinforced masonry walls. Walls not capable of resisting the required design forces specified in this chapter shall be strengthened or shall be removed and replaced. EXCEPTIONS: 1. Unreinforced masonry walls in buildings not classified as a Rating Classification I pursuant to Table A may be analyzed in accordance with Section 15.17.100. 2. An unreinforced masonry wall which carries no design loads other than its own weight may be considered as veneer if it is adequately anchored to new supporting elements. Combination of Vertical and Seismic Forces. January 19, 1993 Page 7 "Earthquake Hazard Reduction in Buildings" - Ordinance No. 977 1. New Materials. All new materials introduced into the structure to meet the requirements of this section which are subjected to combined vertical and horizontal forces shall comply with Section 2303(f). 7_. Existing Materials. When stresses in existing lateral force resisting elements are due to a combination of dead loads plus live load plus seismic loads, the allowable working stress specified in the Uniform Building Code may be increased 100 percent. However, no increase will he permitted in the stresses allowed in Section 15.17.100 and the stressed in members due only to seismic and dead loads shall not exceed the values permitted by Section 2303(d) of the Uniform Building Code. 3. Allowable Reduction of Bending Stress by Vertical Load. In calculating tensile fiber stress due to seismic forces required by this chapter, the maximum tensile fiber stress may he reduced by the full direct stress due to vertical dead loads. 15.17.100 A. General. MATERIALS OF CONSTRUCTION All materials permitted by the Uniform Building Code including their appropriate allowable stresses and those existing configurations of materials specified herein may beutilized to meet the requirements of this chapter. B. Existing Materials. 1. Unreinforced Masonry Walls. Unreinforced masonry walls analyzed in accordance with this Section may provide vertical support for roof and floor construction and resistance to lateral loads. The facing and backing of such walls shall he bonded so that not less than 4 percent of the exposed face area is composed of solid headers extending not less than 4 inches into the backing. The distance between adjacent full-length headers shall not exceed 24 inches vertically or horizontally. Where the hacking consists of two or more wythes theheader shall extend not less than 4 inches into the most distant wythe, or the hacking wythes shall he bonded together with separate headers whose area and spacing confoini to the foregoing. Tension stresses due to seismic forces normal to the wall may he neglected if the walls do not exceed the height to thickness ration in Table G and the in -plane shear stresses due to seismic loads as set forth in Table J. If the wall height -thickness ration exceeds the specified limits, the wall may he supported by vertical bracing members designed in accordance with Section 15.17.090. The deflection of such bracing member at design loads shall not exceed one -tenth of the wall thickness. January 19, 1993 Page 8 "Earthquake Hazard Reduction in Buildings" - Ordinance No. 977 EXCEPTION: The wall may be supported by flexible vertical bracing members designed in accordance with Section 15.17.090(b) if the deflection at design loads is not less than one -quarter nor more than one-third of the wall thickness. All vertical bracing members shall he attached to floor and roof construction for their design loads independently of required wall anchors. Horizontal spacing of vertical bracing members shall not exceed one-half the unsupported height of the wall nor ten feet. The wall height may he measured vertically to bracing elements other than a floor or roof. Spacing of the bracing elements and wall anchors shall not exceed six feet. Bracing elements shall be detailed to minimize the horizontal displacement of the wall by components of vertical displacements of the floor or roof. 2. Existing Roof, Floors, Walls, Footings, and Wood Framing. Existing materials including wood shear walls utilized in the described configuration may he used as part of the lateral load resisting system, provided that the stresses in these materials do not exceed the values shown in Table H. C. Strengthening of Existing Materials. New materials including wood shear walls may he utilized to strengthen portions of the existing seismic resisting system in the described configurations provided that the stresses do not exceed the values shown in Table I. D. Alternate Materials. Alternate materials, designs and methods of construction may he approved by the building official in accordance with the provisions of the Uniform Building Code. E. Minimum Acceptable Quality of Existing Unreinforced Masonry Walls. 1. General Provisions. All unreinforced masonry walls utilized to carry vertical loads and seismic forces parallel and perpendicular to the wall plane shall be tested as specified in this subsection. All masonry quality shall equal or exceed the minimum standards established herein or shall he removed and replaced by new materials. Alternate methods of testing may he approved by the building official. The quality of mortar in all masonry walls shall be determined by performing in -place shear tests or by testing eight inch diameter cores. Alternative methods of testing may he approved by the building official. Nothing shall prevent pointing with mortar of all the masonry wall joints before the tests are first made. Prior to any pointing, the mortar joints must he raked and leaned to remove loose and deteriorated mortar. Mortar for pointing shall he Type S or N except that masonry cements shall not he used. All preparation and mortar pointing shall be done under the continuous inspection of a (Registered Deputy Building Inspector). At the conclusion of the inspection, the inspector shall submit a written report to the licensed engineer or architect responsible for the seismic analysis of the building setting forth the result of the work inspected. Such report shall he submitted to the building official for approval as part of the structural analysis. All testing shall he performed in accordance with the requirements specified in this subsection by a testing agency approved by the building official. An accurate record shall be kept of all such tests and of their locations in the building, and these results shall he submitted to the building official for approval as part of the structural analysis. January 19, 1993 Page 9 "Earthquake Hazard Reduction in Buildings" - Ordinance No. 977 2. Number and Location of Tests. The minimum number of tests shall be two per wall or line of wall elements resisting a common force, or 1 per 1500 square feet of wall surface, with a minimum of eight tests in any case. The exact test or core location shall be determined at the building site by the licensed engineer or architect responsible for the seismic analysis of the subject building. 3. In -Place Shear Tests. The bed joints of the outer wythe of the masonry shall be tested in shear by laterally displacing a single brick relative to the adjacent bricks in that wythe. The opposite head joint of the brick to he tested shall he removed and cleaned prior to testing. The minimum quality mortar in 80 percent of the shear tests shall not he less than the total of 30 psi plus the axial stress in the wall at the point of the test. The shear stress shall he based on the gross area of both bed joints and shall he that at which movement of the brick is first observed. 4. Core Tests. A minimum number of mortar test specimens equal to the number of required cores shall be prepared from the cores and tested as specified herein. The mortar joint of the outer wythe of the masonry core shall be tested in shear by placing the circular core section in a compression testing machine with the mortar bed joint rotated 15 degrees from the axis of the applied load. The mortar joint tested in shear shall have an average ultimate stress of 20 psi based on the gross area. The average shall he obtained from the total number of cores made. If test specimens cannot he made from cores taken, then the shear value he reported as zero. F. Testing of Shear Bolts. One-fourth of all new shear bolts and dowels embedded in unreinforced masonry walls shall be tested by a Special Inspector using a torque calibrated wrench to the following minimum torques: 1/2" diameter bolts or dowels = 40 foot-lbs. 5/8" diameter bolts or dowels = 50 foot-lbs. 3/4" diameter bolts or dowels = 60 foot-lbs. No bolts exceeding 3/4" shall be used. All nuts shall he installed over malleable iron or plate washers when hearing on wood and heavy cut washers when bearing on steel. G. Determination of Allowable Stresses for Design Methods Based on Test Results. I. Design Shear Values. Design seismic in -plane shear stresses shall be substantiated by tests performed as specified in Section 15.17.100(e) 3 and 4. Design stresses shall be related to test results obtained in accordance with Table J. Intermediate values between 3 and 10 psi may be interpolated. 2. Design Compression and tension Values. Compression stresses from unreinforced masonry having a minimum design shear value of 3 psi shall not exceed 100 psi. Design tension values for unreinforced masonry shall not be permitted. H. Five percent of the existing rod anchors utilized as all or part of the required wall anchors shall be tested in pullout by an approved testing laboratory. The minimum number tested shall be four per floor, with two tests at walls with joists framing into the wall and two January 19, 1993 Page 10 "Earthquake Hazard Reduction in Buildings" - Ordinance No. 977 tests at walls with joists parallel to the wall. The test apparatus shall be supported on the masonry wall at a minimum distance of the wall thickness from the anchor tested. The rod anchor shall be given a preload of 300 lbs. prior to establishing a datum for recording elongation. The tension test load reported shall he recorded at one -eight inch relative movement of the anchor and the adjacent masonry surface. Results of all tests shall be reported. The report shall include the test results as related to the wall thickness and joist orientation. The allowable resistance value of the existing anchors shall he 40 percent of the average of those tested anchors having the same wall thickness and joist orientation. Qualification tests for devices used for wall anchorage shall be tested with the entire tension load carried on the enlarged head at the exterior face of the wall. Bond on the part of the device between the enlarged head and the interior wall face shill be eliminated for the qualification tests. The resistance value assigned the device shall he 20 percent of the average of the ultimate loads. 15.17.110 INFORMATION REQUIRED ON PLANS A. General. In addition to the seismic analysis required elsewhere in this Chapter, the licensed engineer or architect responsible for the seismic analysis of the building shall determine and record the information required by this Section on the approved plans. B. Construction Details. The following requirements with appropriate construction details shall he made part of the approved plans: 1. All unreinforced masonry walls shall he anchored at the roof level by tension bolts through the wall as specified in Table I, or by approved equivalent at a maximum anchor spacing of six feet. All unreinforced masonry walls shall he anchored at all floors with tension bolts through the wall or by existing rod anchors at the maximum anchor spacing of six feet. All existing rod anchors shall he secured to the joists to develop the required forces. The building official may require testing to verify the adequacy of the embedded ends of existing rod anchors. Tests when required shall conform to Section 15.17.100(h). When access to the exterior face of the masonry wall is prevented by proximity of an existing building, wall anchors conforming to Items 5 and 6 in Table I may he used. Alternative devices to he used in lieu of tension bolts for masonry wall anchorage shall be tested as specified in Section 15.17.100(i). 2. Diaphragm chord stressed of horizontal diaphragms shall he developed in existing materials or by addition of new materials. 3. Where trussed and beams other than rafters or joists are supported on masonry, ledgers or columns shall he installed to support vertical loads of the roof or floor members. January 19, 1993 Page 11 "Earthquake Hazard Reduction in Buildings" - Ordinance No. 977 4. Parapets and exterior wall appendages not capable of resisting the forces specified in this chapter shall be removed, stabilized or braced to insure that the parapets and appendages remain in their original position. 5. All deteriorated mortar joints in unreinforced masonry walls shall be pointed with Type S or N mortar (Masonry cements shall not he used). Prior to any pointing, the wall surface must he raked and cleaned to remove loose and deteriorated mortar. Al preparation and pointing shall be done under the continuous inspection of a special inspector certified to inspect masonry or concrete. At the conclusion of the project, the inspector shall submit a written report to the building official setting forth the portion of work inspected. 6. Repair details shall be prepared for any cracked or damaged unreinforced masonry wall required to resist forces specified in this chapter. C. Existing Construction. The following existing construction information shall be made part of the approved plans: 1. The type and dimensions of existing walls and the size and spacing of floor and roof members. ?. The extent and type of existing wall anchorage to floors and roof. 3. The extent and type of parapet corrections, if any, which were performed in accordance with the Uniform Building Code. 4. Accurately dimensioned floor plans and masonry wall elevations showing dimensioned openings, piers, wall thickness and heights. 5. The location of cracks or damaged portions of unreinforced masonry walls requiring repairs. 6. The type of interior wall surfaces and whether reinstalling or anchoring of ceiling plaster is necessary. 7. The general condition of the mortar joints and whether the joints need pointing. 8. Site Plan January 19, 1993 Page 12 "Earthquake Hazard Reduction in Buildings" - Ordinance No. 977 TABLE A RATING CLASSIFICATIONS TYPE OF BUILDING CLASSIFICATIONS Essential Building I High Risk Building II Medium Risk Building III Low Risk Building IV TABLE B TIME LIMITS FOR COMPLIANCE (1) Required Action Obtain Building Commence Complete By Owner Permit Within Construction Construction Within Within Complete Structural Alterations or 1 year 180 days (2) 3 years Building Demolition Wall Anchor 180 days 270 days 1 year Installation (1) Where two or more buildings under separate ownership are to he rehabilitated simultaneously, an extension can he based on the average time requirements for the buildings involved, with a suggested minimum extension of 6 months. An extension could he granted on submission of a binding agreement between the owners involved, with the actual date of compliance to he determined by the building official. (2) Measured from date of building permit issuance. All the other time limits are measured from the date of the order. January 19, 1993 Page 13 "Earthquake Hazard Reduction in Buildings" - Ordinance No. 977 TABLE C SERVICE PRIORITIES AND EXTENDED TIME PROVISIONS Extension of Time Minimum Time Rating Occupant if Wall Anchors Periods for Classification Load are Installed Service of Order I (Highest Priority) Any 1 year 0 II 100 or more 3 years 90 days III 100 or more 5 years 1 year 51 to and including 6 years 2 years 99 20 to and including 6 years 3 years 50 IV (Lowest Priority) Less than 20 7 years 4 years TABLE D HORIZONTAL FORCE FACTORS BASED ON RATING CLASSIFICATION RATING CLASSIFICATION IKCS I 0.186 II 0.133 III&IV 0.100 January 19, 1993 Page 14 "Earthquake Hazard Reduction in Buildings" - Ordinance No. 977 TABLE E HORIZONTAL FORCE FACTORS "IS" FOR PARTS OR PORTIONS OF STRUCTURES RATING CLASSIFICATION IS I 1.50 II 1.00 111 & IV 0.75 TABLE F HORIZONTAL FORCE FACTOR "Cp" FOR PARTS OR PORTIONS OF BUILDINGS OR OTHER STRUCTURES (1) Part or Portion of Buildings Exterior bearing and non -hearing walls, interior bearing walls and partitions, interior non -hearing walls and partitions over ten feet in height, masonry fences over six feet in height. Cantilever parapet and other cantilever walls, except retaining walls. Exterior and interior ornamentations and appendages. Direction Value of Force of Cp Normal to Flat Surface Normal to Flat Surface Any Direction When connected to or a part of a building; towers, tanks, towers and tanks plus contents, racks over 8 feet 3 inches in height plus contents, chimneys, smoke- Any stacks, and penthouses. Direction When connected to or a part of a building: Rigid and rigidly mounted equipment and machinery not required for continued Any operation of essential Horizontal occupancies.(5) Direction 0.20 1.00 1.00 0.20(2)(4) 0.20(3) January 19, 7993 Page 15 "Earthquake Hazard Reduction in Buildings" - Ordinance No. 977 Tanks plus effective contents resting on the ground. Floors and roofs acting as diaphragms. Any Direction In the plane of the diaphragm Prefabricated structural elements, other than walls, Any with force applied at center Horizontal of gravity of assembly. Direction Connections for exterior panels or elements. Any Direction 0.12 0.12(6) 0.30 2.00 (1) See Section 15.17.090(B) for use of Cp. (2) When located in the upper portion of any building with a hn/D ratio of 5 to 1 or greater the value shall be increased by 50%. (3) For flexible and flexibly mounted equipment and machinery, the appropriate values for Cp shall he determined with consideration given to both the dynamic properties of the equipment and machinery and to the building or structure in which it is placed. (4) The Wp for storage racks shall he the weight of the racks plus contents. The value of Cp for racks over two storage support levels in height shall be 0.16 for the levels below the top two levels. (5) The design of the equipment and machinery and their anchorage is an integral part of the design and specification of such equipment and machinery. The structure to which the equipment or machinery is mounted shall be capable of resisting the anchorage forces (see also Section 23 I2(g)4. (6) Floor and roofs acting as diaphragms shall he designed for a minimum force resulting from a Cp of .12 applied to Wp unless a greater force results from the distribution of lateral forces in accordance with Section 2312(e). January 19, 1993 Page 16 "Earthquake Hazard Reduction in Buildings" - Ordinance No. 977 TABLE G ALLOWABLE VALUE OF HEIGHT -THICKNESS RATIO OF UNREINFORCED MASONRY WALLS WITH MINIMUM QUALITY MORTAR. (1) (2) BUILDING WITH CROSSWALKS ALL OTHER DEFINED BY SECTION 15.17.040 BUILDINGS Walls of One Story Buildings 16 13 First Story Wall of Multi -Story Buildings 16 15 Walls in Top Story of Multi -Story Buildings 14 9 All Other Walls 16 13 Minimum quality mortar shall he determined by laboratory testing in accordance with Section 15.17.100(E). (2) Table G is not applicable to buildings of rating classification I. Walls of buildings within rating classification I shall be analyzed in accordance with Section 15.17.090(F). TABLE H VALUES FOR EXISTING MATERIALS EXISTING MATERIALS OR ALLOWABLE VALUES CONFIGURATION OF MATERIALS (1) HORIZONTAL DIAPHRAGMS a. Roofs with straight sheathing and roofing applied directly to the sheathing. b. Roofs with diagonal sheathing and roofing applied directly to the sheathing. c. Floors with straight tongue and groove sheathing. d. Floors with straight sheathing and finished wood flooring. 100 lbs. per foot for seismic shear 400 lbs. per foot for seismic shear 150 lbs. per foot for seismic shear. 300 lbs. per foot for seismic shear. January 19, 1993 Page 17 "Earthquake Hazard Reduction in Buildings" - Ordinance No. 977 e. Floors with diagonal sheathing and finished wood flooring. f. Floors or roofs with straight sheathing and plaster applied to the joist or rafters. (2) 2. SHEAR WALLS Wood stud walls with lath and plaster. 3. PLAIN CONCRETE FOOTINGS 4 . DOUGLAS FIR WOOD 5 . REINFORCING STEEL 6 . STRUCTURAL STEEL 450 lbs. per foot for seismic shear. Add 50 lbs. per foot to the allowable values for Items la and lc. 100 lbs. per foot each side for seismic shear f' = 1500 psi unless otherwise shown by tests. Allowable stress same as No. 1 D.F.(3) f = 18.000 lbs. per square inch max. (3) f = 20,000 lbs. per t square inch max. (3) Material must he sound and in good condition. The wood lath and plaster must he reattached to existing joists or rafters in a manner approved by the Department. Stresses given may be increased for combinations of loads as specified in Section 15.17.090(G) 2. January 19, 1993 Page 18 "Earthquake Hazard Reduction in Buildings" - Ordinance No. 977 TABLE I ALLOWABLE VALUES OF NEW MATERIALS USED IN CONJUNCTION WITH EXISTING CONSTRUCTION1 NEW MATERIALS OR CONFIGURATION OF MATERIALS 1. HORIZONTAL DIAPHRAGMS Plywood sheathing applied directly over existing straight sheathing with ends of plywood sheets bearing joists or rafters and edges of plywood located on center of individual sheathing hoards. 2. SHEAR WALLS a. Plywood sheathing applied directly over existing wood studs. No value shall he given to plywood applied over existing plaster or wood sheathing. b. Drywall or plaster applied directly over existing wood studs. c. Drywall or plaster applied to plywood sheathing over existing wood studs. 3. SHEAR BOLTS Shear bolts and shear dowels embedded a minimum of 8 inches into unreinforced masonry walls. Bolt centered in a 2 1/2 inch diameter hole with dry -pack or non -shrink grout around cir- cumference of bolt or dowel.l 4 TENSION BOLTS Tension bolts and tension dowels extending entirely through unreinforced masonry walls secured with bearing plates on far side of wall with at least 30 sq. inches of area.2 ALLOWABLE VALUES Same as specified in Table No. 25-J-1 of this is Code for on blocked diaphrams.* Same as values specified in Table No. 25-K-1 for shear walls. 75% of the value as specified in Table 47-I. 33 1/3 per cent of the values specified in Table No. 47-I. 100% of the values for solid masonry specifies in Table 24E. No values larger than those 3/4 inch bolts shall be used. 1200 lbs. per bolt or dowl. January 19, 1993 Page 19 "Earthquake Hazard Reduction in Buildings" - Ordinance No. 977 WALL ANCHORS 15.17.110(B) 5 . Bolts extending to the exterior face of the wall with a 2 1/2 inch round plate under the head. Installed as specified for shear bolts. Spaced not closer than 12 inches on centers.1, 2 6 . Bolts or dowels extending to the exterior face of the wall with a 2 1/2 inch round plate under the head and drill at an angle of 22 1/2 degrees to the horizontal Installed as specified for shear bolts.l, 2 INFILLED WALLS 7 Reinforced masonry infilled openings in existing unrein- forced masonry walls with keys or dowels to match reinforcing. REINFORCED MASONRY 8. Masonry piers and walls reinforced per Section 2407. REINFORCED CONCRETE 9 . Concrete footings, walls and piers reinforced as specified in Division 26 and designed for tributary loads. EXISTING FOUNDATION LOADS 10. Foundation loads for structures exhibiting no evidence of settlement. NOTES: Bolts and dowels to he tested as spec 600 lbs. per bolt. 1200 lbs. per bolt. Same as values specified for unreinforces masonry walls. Same as values specified in Division 26, UBC Same as values specified in Division 26, UBC Calculated existing foundation loads due to maximum dead load plus live load may be increased by 25% for dead load, and may he increased 50% for dead load plus seismic load required by this Division. ed in Section 15.17.100(f). January 19, 1993 Page 20 "Earthquake Hazard Reduction in Buildings" - Ordinance No. 977 Bolts and dowels to be 1/2 inch minimum in diameter. Eighty percent of test results in psi not less than TABLE J ALLOWABLE SHEAR STRESS FOR TESTED UNREINFORCED MASONRY WALLS Average test results of cores in psi Seismic in -plane shear based on gross area (1) 30 plus axial stress 20 3 psi 40 plus axial stress 27 4 psi 50 plus axial stress 33 5 psi 100 plus axial stress 67 or more 10 psi max or more (1) Allowable shear stress may he increased by addition of 10% of the axial stress due to the weight of the wall directly above. GLOSSARY OF SYMBOLS AND NOTATIONS C =Numerical coefficient as specified in Section 2312(d) Cp =Numerical coefficient as spec tied in Section 2312(h) and as st forth in Table No. 23-J D =The dimension of the structure, in feet, in a direction parallel to the applied forces f'c =Specified compressive strength of concrete, psi Fp =Lateral forces on a part of the structure and in the direction under consideration ft =Allowable tensile stress, psi hn =Height in feet above the base to level n I =Occupancy Importance Factor as set forth in Table No. 23-K S =Numerical coefficient for site -structure resonance V =The total lateral force or shear at the base W =The total dead load as defined in Section 2302 including the partition loading specified in Section 2304(d) where applicable January 19, 1993 Page 21 "Earthquake Hazard Reduction in Buildings" - Ordinance No. 977 Wp =The weight of a portion of a structure or nonstructural component Z =Numerical coefficient dependent upon the zone as determined by Figure No. 1, of Chapter 23. All areas in California are classified in Zones 3 or 4. For locations in Zone No. 3, Z = 3/4. For locations in Zone No. 4, Z = 1 DATE OF EFFECT This Ordinance shall take effect and be in force from and after its approval as required by law. The City Clerk shall certify to the adoption of this ordinance and cause the same to he published in a newspaper of general circulation and published in the County of Riverside, State of California. INTRODUCED at a regular meeting of said City Council on the 5th day of January, 1993. MOVED, PASSED and ADOPTED at a regular meeting of said City Council on the 19th day of January, 1993 by the following vote: AYES: NOES: ABSENT: ATTEST: Mayor City Clerk CERTIFICATE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF SAN JACINTO I, Maurice Armster, City Clerk of the City of San Jacinto, do hereby certify that the foregoing is a true copy of Ordinance No.977 duly adopted by the City Council of the City of San Jacinto at a regular meeting thereof held the 19th day of January, 1993. WITNESS my hand and official seal of the City of San Jacinto this January 1993. City Clerk day of January 19, 7993 Page 22 STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Pamela S. Easter, City Manager DATE: January 19, 1993 SUBJECT: Norton Air Farce Base Defense Financing and Accounting Service Center RECOMMENDATION: Adopt Resolution No. supporting Norton as a location for the Accounting Center for forwarding to federal and state legislators. BACKGROUND: At the regular meeting of January 5, 1993, staff presented to the Council the proposal under consideration for placement of the Accounting Center at Norton, or other possible sites. At that time Council, by consensus, directed staff to bring back a resolution of support which would be forwarded to the federal and state legislators to encourage favorable consideration of the Norton site. Further, the Council directed staff to encourage the VEDC Friday Lunch Bunch and the City of Hemet to go on record in support for the Norton site. Letters to these agencies, as well as the San Jacinto Chamber of Commerce and the Riverside County Economic Development Council have been sent encouraging their support. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA. SUPPORTING TH h LOCATION OF A DEPARTMENT OF DEFENSE, DEFENSE FINANCE AND ACCOUNTING SERVICE (DFAS) CENTER AT NORTON A.F.B. WHEREAS, Norton Air Force Base is slated for closure by the Department of Defense in accordance with the Base Realignment and Closure Act, and is therefore being proposed for various reuse activities under the jurisdiction of the Inland Valley Development Agency; and, WHEREAS, Norton AFB has for several decades been a major employer and economic benefit for the region's economy and has housed a variety of sizeable Air Force support units, including audit, Inspector General, safety, and audio-visual functions; and. WHEREAS, because of the many similar public and private operations in the general locale, the San Bernardino region has an abundance of skilled workers who can respond immediately to the human resource needs of such an Accounting Center; and, WHEREAS, the region boasts a significant number of two and four year colleges and Universities, including the California State University, San Bernardino, with a highly acclaimed undergraduate and graduate accounting program, which produce a great number of well -qualified and highly skilled graduates annually and provide an abundance of highly trained and educated accounting personnel at all levels; and, WHEREAS, the area has experienced, and is continuing to experience, dramatic and debilitating job losses in a great number of occupational sectors, as a consequence of Department of Defense reductions and the general economic distress; and. WHEREAS, the region has been devastated by other recent and planned job site closures, including George AFB, Santa Fe Railroad. Kaiser Steel, Lockheed Aircraft. General Dynamics, and TRW; and, WHEREAS, the San Bernardino region offers an abundance of affordable housing choices and many other welcome attributes to new employees;and, WHEREAS, the siting of the Defense Finance and Accounting Service Center (DFAS) at Norton AFB enjoys enthusiastic and popular support throughout the region, because it will be a major employer and economic asset throughout the region; and. WHEREAS, the City of San Jacinto will find itself and its citizens similarity benefitted by the location of such an Accounting Center. STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF SAN JACINIO) I, Maurice Armster, City Clerk of the City of San Jacinto, California, DO HEREBY CERTIFY that the forgoing Resolution No. was duly adopted at a regular meeting of the City Council of the City of San Jacinto, California, held on the day of 1993 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Maurice Armster, City Clerk Deputy City Clerk (SEAL) I, Maurice Armster, City Clerk of the City of San Jacinto, California, do hereby certify that the foregoing Resolution No. is a full, true and correct copy of that now on file in this office. IN WITNESS WHEREOF. I have hereunto set my hand and affixed the seal of the City of San Jacinto this day of Maurice Armster. City Clerk Deputy City Clerk NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Jacinto, California does hereby resolve and approve the foregoing. SECTION 1. The City Council joins in supporting and endorsing the proposal by the Inland Valley Development Agency and urges the Department of Defense to approve location of a Defense Accounting Center at the site located at Norton Air Force Base. SECTION 2. The City Clerk shall certify as to the adoption of this resolution. APPROVED AND ADOPTED this ATTEST: Maurice Armster, City Clerk Deputy City Clerk day of , 1993. Mayor STAFF REPORT TO: Honorable Mayor and City Council Members FROM: Brian McNabb, Director of Community Development via Pamela S. Easter, City Manager DATE: January 19, 1993 SUBJECT: Annexation #4 to Community Facilities District #3 NEIGHBORHOOD City Wide RECOMMENDATION 5:15_ 1. Adopt a Resolution adopting Annexation Boundary Map for Annexation 4 to Community Facilities District #3 Adopt a Resolution of Intention to annex territory to Community Facilities District #3 and setting the public hearing for March 2, 1993. BACKGROUND Community Facilities District #3, the City's public safety CFD, was originally formed in February 1989. Subsequently, three annexations have taken place. Due to the existence of this district, the City was able to budget a police force expansion in FY 92-93. Each development is conditioned to join the public safety CFD. Annexation 4 includes the following developments: Area 1 Area 2 Tract 23860 Elia Enterprises, Patricia Elia 7th St. at Dillon/Ash Pizza Hut Fugate Enterprises, Michael Sipes State St. south of Ramona Blvd. City Council Staff Report January 19, 1993 Page 2 Area 3 Parcel Map 27648 Stater Bros., Jack H. Brown President Chairman and Chief Executive Officer Walter F. Ford, Vice President San Jacinto Ave. and Esplanade St. The initial Resolution approves the annexation map for the annexation. The second Resolution declares the intention to annex territory and sets the public hearing for March 2, 1993. BRIAN MC NABB Director of Community Development 2 3 4 5 6 8 91 10 11 12' 13''. 14 15 16 17 18 19 20 21 22 23 24 25 26 27, 281 RESOLUTION RESOLUTION OF THE 'nfln ' OF THE CITY OF SAN JACINTO, CALIFORNIA, ADOPTING "OUNDARI :.AP SHOWING TERRITORY TO BE ANNEXED TO AN EXISTING 'CCMMUNITY 7fNCILITIES DISTRICT THIS RESOLUTION IS DD'PTED ''_I H REFERENCE TO THE FOLLOWING FACTS: WHEREAS, the CITY COUNCIL of the CITY OF SAN JACINTO, CALIFORNIA, (hereinafter referred to as the "legislative body"), desires to annex territory an existing Community Facilities District pursuant to the terms and provisions of the "Mello -Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO, 3 (hereinafter referred to as the "District"; and, WHEREAS, there has been submitted a map showing the territory proposed to be annexed to the existing Community Facilities District, said area tc be designated as COMMUNITY FACILITIES DISTRICT NO. 3, ANNEXATION NO- (hereinafter referred to as the "annexed territory"). NOW, THEREFORE, BE =°T' RESC JT'E , by the City Council of the City of San Jacinto, in reg'_7.1ar session, this th day of January, 1993, as follows: I. That the above true and correct. That the map showing the property, parcels and territory, proposed to be annexed co an existing Community Facilities District and to be subject to a special tax to he levied is hereby approved and adopted. Said map is designated by the name of the existing District and the number of the proposed annexation. 3. A certificate shall be endorsed on the original and on at least one (1) copy of the map of the District, evidencing the date and adoption of this Resolution, and within fifteen (13) days after the adoption of the Resolution fixing the time c.n::'. place of the hearing on the intention to annex or extent of the annexation to said District, a copy of said shall be filed with the correct and proper endorsen.en.s thereon with the County Recorder, all in the manner .=nd form Provided for in. Section 3111 of the Streets and Hiq:nways Cod _ the State .._ California. 2 3 4 5 8 9 10 12 13 14 15 16 181 19I 20 21 22 23 24 25 26 27 28 The City Clerk shall certify to the adoption of this Resolution. MOVED, PASSED AND ADOPT= Af: A REGULAR MEETING OF SAID CITY COUNCIL duly held the ig:h day of January, 1993. ATTEST: Deputy City Clerk Mayor RTTTTGATE The foregoing is certified to he a true copy of a Resolution duly adopted by said City Council of the City of San Jacinto on the date therein set forth. ATTEST: Deputy City Clerk 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 7,ESCLUTI,',N NO. RESOLUTION OF THE CITC COT7CIL OF THE CITY OF SAN JACINTO, CALIFORNIA, DECLARINC- INT77,TTIC:N TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FRC:LIT:ES 72:=RICT THIS RESOLUTION IS ,IDOPTED 7.77ITH REFERENCE TO THE FOLLOWING FACTS: WHEREAS, the CITY COUNCIL of the CITY OF SAN JACINTO, CALIFORNIA, (hereinafter referred to as the "legislative body"), at this time is desirous to annex territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello -Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 3 (hereinafter referred to as the "District"); and, HEREAS, the area proposed to be annexed shall be known and esignated as COMMUNITY- FACILITIES DISTRICT NO. 3, ANNEXATION NO. 4 (hereinafter referred to as the "annexed territory"). WHEREAS, this legislative body is now desirous to proceed to adopt its Resolution of Intention to annex territory to the existing District, to describe the territory included within the existing District and the territory proposed for annexation, to specify the services to be srovided, to set and specify the special taxes that would be levied within the territory proposed o be annexed, and to set a time and place for a public hearing relating to the annexation of territory to said District; and, WHEREAS, a map showing the territory to be annexed has been submitted, which said map is hereby approved and a copy of said map shall he kept on file with the transcript of these proceedings. NOW, THEREFORE, BE TT RESOL7-3D, by the City Council of the City of San Jacinto, in regular session, this th day of January, 1993: RECITALS That the above recitals are all true and correct. LEGAL AUTHORITY That these proceedings for annexation are initiated by this legislative body pursuant to the authorization cf Section 53339.2 of the Government Code of the State cf California. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TON TO ANNEX 3. That this legislative body hereby determines that tb_ public convenience and necessity requires that certain territory be added tc 'she existing District and this legis- lative body declares its intention to annex said territory to the existinc community Facilities District, and a description of the boundaries and territory proposed to be annexed is as fallows: All that property and territory proposed to be annexed to the existing Community Facilities District, as said property is shown on a map as previously approved by this legislative body, said -map designated by the number of the annexation and the name of the existing Community Facili- ties District, = copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. A general description of the territory included in the existing District is hereinafter described as follows: All that property and territory as previously included within the original Community Facilities District, as said property was shown on a map as approved by this legisla- tive body designated by the name of the original existing Community Facilities District, a copy of which is on file in the Office of the City Clerk, as well as a copy heir on file in the Office of the County Recorder. NAME The name of the proposed annexation shall be known and designated as COMMUNITY FACILITIES DISTRICT NO. 3, ANNEXATION NO. 4. SERVICES That the types of public services provided in the existing District are generally described as set forth below, and no additional services are to be provided in the annexed territory and _:re existing services for the existing District will serve the properties within the annexed territory. A genera- description of the services autho- rized in the exist_.. District is set forth as follows: Additional police and fire services necessary and required to meet increased demands within the boundaries of the District. SPECIAL TAX 6. It is the intention of this legislative body that, except where funds are otherwise available, a special tax suffi cient to pay for said services to be provided in t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 annexed territory, secured by recordation of a continuing lien against all non-exempt real property in the annexed territory, will be levied annually within the boundaries of the annexed t='-ri n'-7 . For particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit "A", which sets forth in sufficient detail the method of apportionment ,o allow each landowner or resident within the annexed territory to clearly estimate the maximum amount that said Person tax. will have to pay on said special The proposed special taxes sha be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; however, as applicable, this legislative body may establish and adopt an alternate or supplemental procedure as necessary. EXEMPT PROPERTY 7 This legislative body hereby determines that parcels owned by regulated public utilities and in use in the providing of telephone service, water, electricity, gas or other means of heat, illumination, power or any other public service, shall be exempt from the special tax. PUBLIC HEARING 8. NOTICE IS GIVEN THAT ON THE 2ND DAY OF MARCH, 1993, AT THE HOUR OF 7:30 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COMMUNITY CENTER, 525 SO. PICO, SAN JACINTO. CA, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE ANNEXATION OF CERTAIN TERRITORY TO THE EXISTING COMMUNITY FACILITIES DISTRICT, TEE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN SAID PROPOSED ANNEXED TERRITORY, AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. ANY INTERESTED PERSONS MAY APPEAR AND BE HEARD, AND WRITTEN PROTESTS SHALL BE FILED ON OR BEFORE THE TIME FIXED FOR THE PUBLIC HEARING. ECTION 9. Upon the conclusion of the public hearing, i_ the legisla- tive body determines to proceed with the annexation, a proposition sha H. submitted to the qualified electors of the proposed annexed area. The vote shall be by registered voters within the proposed annexed area; however, if there are Less than 12 registered voters, the vote shall be landowners, with each landowner having one vote per acre or portion thereof within the annexed territory. 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 13 19 20 21 22 23 24 25 26 27 23 NOTICE 10. That notice of the time and place of the public heari shall be given by the City Clerk in the following manner: A. A Notice of Public Hearing shall be published in the legally designated newspaper of general circulation, being the HEMET NEWS. said publication pursuant to Section 6061 of the Government Code, with said publica- tion to be completed at least seven (7) days prior to the date set for the public hearing. B. A Notice of Public Hearing shall be mailed, postage prepaid, to each property owner within the boundaries of the area proposed for annexation; said mailing to the property owners shall be to the address as shown on the last equalized assessment roll. Said mailing shall be :completed at least fifteen (15) days prior to the date set for the public hearing. VIRONM NTAL EVALUATION 11. All environmental evaluation proceedings relating to the annexation of territory to the existing District shall he completed prior to the date and time set for the public hearing. 12. The City Clerk shall certify to the adoption of thi.. Resolution. MOVED, PASSED AND ADOPTED AT t REGULAR MEETING OF SAID CITY COUNCIL duly held theJ.9th day of January, 1993. ATTEST: Deputy City Clerk Hayor CERTT__'_I.CATE The foregoing is certified be a true copy of a Resolution duly adopted by said _ Council of the City of San Jacinto on the date therein set ATTEST: Deputy City Clerk 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 3 ANNEXATION NO. 4 EXHIEIT -A" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX The Resolution of Intention refers to this Exhibit for an explanation of the race and apportionment of the special tax so as to allow each landowner or resident within the proposed district to estimate the maximum annual amount that would be reauired for payment. For particulars as to the rate and method of apportionment, see the following: PROPERTY CATEGORIES AND MAXIMUM ANNUAL TAX Taxable property categories and initial maximum annual taxes are as follows: MAXIMUM ANNUAL TAX PROPERTY CATEGORY (FISCAL YEAR 1989-90) RESIDENTIAL UNIT $96.40 per dwelling unit COMMERCIAL AND INDUSTRIAL $0.05 per sauare foot per year for developed area RESIDENTIAL, COMMERCIAL AND INDUSTRIAL taxes shall be levied on all property upon the issuance of a building permit in the fiscal year next following the issuance of the building permit. ESCALATION CF TAX The above authorized taxes for are for fiscal year 1989-90, and are subject to annual increases to reflect increases in the Consumer Price Index. TERM The Final Land Use Residential Tax shall be levied as long as necessary to pay for additional services. DEFINITIOMS The "Consumer Price Tfldex" ahall be the Los Angeles/Riverside Area - All Urtan Consumer Price index, published by the United States Bureau of Labor Stat.L.st.f,cs, as said data is available June 30th of each fiscal year. "Developed Area' stall be that portion of the land to he developed as measured from outside walls, excluding garage, covered ways and overhangs, Patios and additions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 � P 16 18 19 20 21 22 23 24 25 26 27 28 "Dwelling Unit" shall mean any building and any mobilehome which is not immediately transports le or any portion thereof whit` contains living facilities, c_uding provisions for sleepin eating, cooking and sanitation - "Fiscal Year" shall be Jules - =_rough June 30 of any year. For all particulars velating to implementation, further interpretation, definitions, -and all other particulars related to the method and apportionment of the tax, reference is made to the "Report" as previously approved by this legislative body. TO: FROM: DATE: SUBJECT: &:/(1, CITY OF SAN JACINTO STAFF REPORT Honorable Mayor and City Council Members Les Evans, Interim Public Works Director via Pamela S. Easter, City Manager January 19, 1993 COMMUNITY FACILITIES DISTRICT NO. 2 PHASE II IMPROVEMENTS NOTICE OF COMPLETION NEIGHBORHOOD Rancho San Jacinto RECOMMENDATION Approve and accept the off -site improvements for CFD No. 2, Phase II which have been completed by Genesis Construction and authorize the filing of a Notice of Completion. FISCAL IMPACT City Council awarded a contract to Genesis Construction in the amount of $2,295,514.59. Change Orders totalling $144,150.02 have been approved by Council increasing the final contract amount to $2,439,664,61. Genesis is claiming an additional $24,052.60 which the City has denied. BACKGROUND AND ANALYSIS Genesis Construction was awarded the contract for installation of street improvements, underground utilities and drainage facilities for Phase II of Community Facilities District No. 2 on October 18, 1991, The improvements have been completed and a Notice of Completion can be filed. WHEN RECORDED RETURN TO: City Clerk City of San Jacinto 201 East Main Street San Jacinto, CA 92383 NOTICE OF COMPLETION FOR RECORDERS USE ONLY Notice is hereby given by the undersigned owner, a political subdivision of the State of California, that a public work of improvement described as Community Faci 1 i ties District No. 2, Phase II Improvements has been completed and was accepted by the undersigned awarding authority on the date hereof. The contractor on such work was Genesis Construction and the surety bond is with riremen's Insurance Co of Newark, N.J. The real property upon which said work was performed is in the City of San Jacinto, County of Riverside, State of California and described as: (Legal description or street address or other specific location) Rancho San Jacinto Development Phase II Date: January 11. 1993 City of San Jacinto (Date of Acceptance) (Name of Political Subdivision) STATE OF CALIFORNIA) By ss COUNTY OF RIVERSIDE) Title f hereby certify that I am the of the City Council of the City of San Jacinto, California the political subdivision which executed the foregoing notice and on whose behalf I make this verification; that I have read said notice, know its contents. and that the same is true. I certify under penalty of perjury that the foregoing is true and correct. Executed at San Jacinto, California on (Date) Deputy City Clerk MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Anna A. Vega, Finance Director SUBJ: Deferred Compensation Plan DATE: January 19, 1993 RECOMMENDATION The City Council adopt the attached resolution amending the City's deferred compensation plan to include Lincoln National Life Insurance Company as a program administrator. BACKGROUND Resolution 1076 was adopted by the City Council establishing a deferred compensation plan. The Deferred Compensation Plan is in accordance with IRS Code Section 501(c) and provision Section 457. This amendment allows an optional program to be offered to City employees through Lincoln National Life Insurance Company. Including Lincoln National as an additional deferred compensation administrator will allow City employees the choice of two different programs and plans offered by ICMA or Lincoln National. The deferred compensation program is an employee optional benefit which involves not City funds. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, AMENDING THE CITY'S DEFERRED COMPENSATION PLAN AS PREVIOUSLY AMENDED BY RESOLUTION NO. 1931. WHEREAS, the City of San Jacinto desires that the investment of funds held under its deferred compensation plan be administered by ICMA Retirement Corporation, and Lincoln National Life Insurance Company, and that such funds be held in trust established by public employers for the collective investment of funds held under their deferred compensation plans and money purchase retirement plans; NOW THEREFORE BE IT RESOLVED, that the City of San Jacinto hereby adopts the "Deferred Compensation Plan", attached here to as Appendix A. Be IT FURTHER RESOLVED that the Finance Director of the City of San Jacinto shall be the coordinator for this program and shall receive necessary reports, notices, etc. from the contracts issued to ICMA Retirement Trust and Lincoln National Life Insurance Company, and shall cast on behalf of the City of San Jacinto, any required votes under the programs. APPROVED AN ADOPTED this 19th day of January, 1993. CITY OF SAN JACINTO Mayor ATTEST: Deputy City Clerk DEFERRED COMPENSATION PLAN L1NTRODUCTION In accordance with the provisions of SEC 501(C) and as provided in Section 457 of the Internal Revenue Code of 1986, CITY OF SAN JACINTO hereby establishes the Deferred Compensation Plan of CITY OF SAN JACINTO hereinafter referred to as the 'Plan.Nothing contained in this Plan shall be deemed to constitute an employment agreement between any Participant and the Employer and nothing contained herein shall be deemed to give a Participant any right to be retained in the employ of the Employer. II. DEFINITIONS 2.01 'ADMINISTRATOR' shall mean the person or persons, if any, appointed by the Employer to administer the Plan. 2.02 "BENEFICIARY' shall mean the persons or entities designated by a Participant pursuant to section 5.02. 2.03 'CODE' shall mean the Internal Revenue Code of 1986, as amended, or any future United States internal revenue law. References herein to specific section numbers shall be deemed to refer to corresponding provisions of any future United States internal revenue law. 2.04 'COMPENSATION' shall mean all payments made to an Employee by the Employer as remuneration for services rendered, including salaries and fees. 2.05 DEFERRED COMPENSATION' shall mean the amount of Compensation not yet earned which the Participant and the Employer mutually agree will be deferred. 2.06 'EMPLOYEE' shall mean any employee who performs services for and receives any type of Compensation from the Employer for whom services are rendered. 2.07 'EMPLOYER' shall mean CITY OF SAN JACINTO. 2.08 'INCLUDIBLE COMPENSATION' shall mean, for purposes of the limitation set forth in section 4.02, Compensation for services performed for the Employer that Is currently includible in the Participant's gross income for Federal income tax purposes, determined without regard to any community property laws. Includible Compensation thus does not Include Compensation excludible from the Participant's gross income under Section 457 of the Code as a result of deferrals under this Plan or under other provisions of the Code (for example, Section 911). 2.09 'NORMAL RETIREMENT AGE' shall mean, with respect to each Participant, the later of: (a) The age designated by the Participant between (i) the earliest age at which the Participant has the right to file for and receive benefits from the Employer's basic retirement plan without the Employer's consent and to receive immediate retirement benefit without actuarial or similar reduction because of early retirement, and (ii) age 70 1/2, or (b) The age at which the Participant terminates his service with Employer: Provided, however, that the Participant's election to defer amounts in excess of the maximum deferral allowed by Section 4.02 but within the limited catch-up permitted by Section 4.03 shall constitute a designation of an age pursuant to subsection (a). 2.10 'PARTICIPANT' shall mean any Employee who executes a Participation Agreement with the Administrator assenting to the provisions of the Plan, once the Agreement has been approved by the Administrator. Except for purposes of Articles IV, VII, and XIV, "participant' shall include former Participants. The Administrator, if otherwise eligible, may participate in the Plan. 2.1 1 "PARTICIPATION AGREEMENT' shall mean the agreement executed and filed by an Employee with the Employer pursuant to section 4.01, in which the Employee elects to become a Participant in the Plan. 2.12 'PLAN YEAR' shall mean the calendar year. 2.13 'SEPARA170N OF SERVICE' shall mean the Participant's termination from service with Employer, occurring other than by reason of death, within the meaning of Section 402(e)(4)(iii) of the Code, or on account of the Participant's death or retirement. 2.14 'TOTAL AMOUNT DEFERRED' shall mean, with respect to each Participant, the sum of all Compensation deferred under the Plan, plus income or less loss thereon calculated in accordance with section 4,08 by the method designated in the Participant's Participation Agreement(s) under which such Compensation was deferred and in any subsequent election(s) to change methods. 2.15 'UNFORESEEABLE EMERGENCr shall mean severe financial hardship to a Participant resulting from a sudden and unexpected illness or accident of the Participant or of a dependent (as defined in Section 152(a) of the Code) of the Participant, loss of the Participant's property due to casualty, or other similar extraordinary and unforeseeable circumstances arising as result of events beyond the control of the Participant. The need to send a Participant's child to college or the desire to purchase a home shall not constitute Unforeseeable Emergencies. The Administrator shall determine in its sole discretion whether a hardship to a Participant constitutes an Unforeseeable Emergency. III. ADMINISTRATION 3.01 This Plan shall be administered by the Administrator, who shall represent the Employer in all matters concerning the administration of this Plan. (2) 3.02 Appointment and Termination of Administrator: The CITY MANAGER of CITY OF SAN JACINTO shall be the Administrator. The rights, powers, privileges, and duties of the Administrator shall pass to each successor CiTY MANANGER of CITY OF SAN JACiNTO. 3.03 Subject to any applicable laws, the Administrator shall have full power and authority to adopt rules and regulations for the administration of the Plan, and to interpret, alter, amend, or revoke any rules and regulations so adopted. 3.04 Every action taken by Administrator shall be presumed to be a fair and reasonable exercise of the authority vested in or the duties imposed upon it. The Administrator shall be deemed to have exercised reasonable care, diligence and prudence and to have acted impartially as to all persons interested, unless the contrary be proven by affirmative evidence, The Administrator shall not be liable for amounts payable under the Plan. 3.05 For convenience and to facilitate the orderly administration of the Plan, the Administrator shall maintain a deferred compensation ledger account with respect to each Employee. 3.06 Subject to any applicable laws and any approvals required by the Employer, the Administrator may delegate any of or all of his, her or its powers and duties hereunder to another person, persons, or entity, and may pay reasonable compensation for such services as an administrative expense of the Plan, to the extent such compensation is not otherwise paid. W. PARTICIPATION IN THE PLAN 4.01 ENROLLMENT IN THE PLAN: (a) An Employee may become a Participant by executing a Participation Agreement Compensation will be deferred for any calendar month only if a Participation Agreement providing for such deferral is executed by the Participant and approved by the Administrator or its designee before the beginning of such month. (b) By signing the Participation Agreement, the Participant elects to participate in the Plan and consents to the deferral by the Employer of the amount specified in the Participation Agreement from the Participant's gross compensation for each pay period, The deferred amount must equal at least $10.00 bi-weekly. 4.02 Deferral Limitations: Except as provided in Section 4.03, the maximum that may be deferred under the Plan for any taxable year of a Participant shall nor exceed the lesser of (a) $7,500 or (b) 33 7/3% of the Participant's includible Compensation, each reduced by any amount excludable from the Participant's gross income for that taxable year under Section 403(b) or 401(k) of the Code on account of Employer contributions. In the case of a person who participates in more than one Deferred Compensation Plan governed by Section 457 of the Code, the limitations set forth in Sections 4.02 and 4.03 shall apply to all such plans considered together. (3) 4.03 Limited Catch -Up: For one or more of the Participant's last three taxable years ending before attaining Normal Retirement Age under the Plan, the maximum deferral shall be the lesser of (a) $15,000, reduced by any amount excludable from the Participant's gross income for that taxable year under Section 403(b) or 401(k) of the Code on account of Employer contributions, or (b) the sum of (i) the limitations established for purposes of Section 4.02 of the Plan for such taxable year (determined without regard to this Section 4.03), plus (ii) so much of the Limitation established under Section 4.02 for prior taxable years (beginning after December 31, 1978 and during all or any portion of which the Participant was eligible to participate in this Plan) as has not theretofore been used under Sections 4.02 or 4.03, plus (iii) so much of the limitation established in accordance with Treasury Regulations 1.457- 2(e)(1) under an eligible state Deferred Compensation Plan (within the meaning of Section 457 of the Code and the regulations thereunder) sponsored by an entity other than the Employer (beginning after December 31, 1978 and during all or any portion of which the Participant was eligible to participate in such other plan) as has not theretofore been used under any other plan and this Section 4.03; Provided, however, that this Section 4.03 shall not apply with respect to any Participant who has previously utilized in whole or in part the limited catch-up under this plan (within the meaning of Section 457 of the Code and the regulations thereunder). 4.04 The Participant acknowledges the right of the Administrator to disallow deferral of Compensation under the Plan in excess of the limitations stated above. However, the Administrator shall have no liability to a Participant if the Administrator fails to disallow a deferral in excess of such limitations, if the Participant's Participation Agreement directed such deferral. 4.05 A Participant may modify the Participation Agreement with respect to future amounts once during each open enrollment period authorized by the Administrator. 4.06 A Participant may at any time revoke his agreement to defer Compensation by filing a written request for revocation with the Administrator on a form approved by the Administrator, at least 30 days prior to the effective date of the revocation, However, his Total Amount Deferred shall be distributed only as provided in Articles V and VI. A Participant's request for a distribution in the event of an Unforeseeable Emergency shall in addition be treated as a request for revocation of deferrals as of a date determined by the Administrator. 4.07 A Participant who has received all of his Total Amount Deferred as set forth in Article Viii or revokes his Participation Agreement as set forth in Section 4.06 above, may again become a Participant by executing in an open enrollment period authorized by the Administrator, a new Participation Agreement to defer Compensation not yet earned. 4.08 Choice of investment: income will be accrued on amounts deferred under the Plan in accordance with the following procedure. The Administrator will in its sole discretion select certain investment options to be used to determine income to be accrued on deferrals. The investment options may include contracts issued through ICMA and the Lincoln National Life insurance Company. (4) Each Participant will designate on his Participation Agreement the investment that will be used to determine the income to be accrued on amounts deferred by him. If the investment chosen by the Participant experiences a gain, the Participant's benefits under the Plan likewise will reflect income for that period. if the investment chosen by the Participant experiences a loss, the Participant's benefits under the Plan, likewise will reflect loss for that period. The Administrator may from time to time change the investment options under the Plan. If the Administrator eliminates a certain investment option, all Participants who had chosen that investment will select another option; the Participant will have no right to require the Administrator to select or retain any investment option. A Participant may from time to time (whether before or after payments have commenced under the Plan) change his choice of investment option. Any change with respect to investment options made by either the Administrator or a Participant, however, may affect only income to be accrued after that change. V. DISTRIBUTION PROCEDURES 5.01 Upon Retirement - Distributions to a Participant who retires upon or after attaining Normal Retirement Age shall commence on the first day of the third month following his/her retirement; provided, however, that at least 60 days prior to such commencement day, the Participant may irrevocably elect to defer the commencement of benefit payments until a fixed or determinable date subsequent to the commencement date specified in this Section 5.01. In no event shall distribution commence later than the later of (i) 60 days after the close of the Plan Year in which the Participant or former Participant attains (or would have attained) Normal Retirement Age, or (ii) 60 days after the close of the Plan Year in which the Participant separates from service with the Employer. Distribution shall be made in one lump sum or in regularly scheduled payments as specified in the Participant's Participation Agreement or as otherwise specified by the Participant in writing to the Administrator no less than 60 days prior to the commencement of payments. The amount of such lump sum or scheduled payments, unless distributed as annuity or insurance contracts, shall equal the value of the Participant's account or on scheduled payment, value of account plus subsequent earnings. 5.02 Upon death - In the event of a Participant's death prior to the distribution of all amounts credited to his account, such remaining amounts shall be paid to the Participant's Beneficiary commencing on the first day of the third month after the Participant's death. Such distribution shall be in the form of a single lump sum payment or regularly scheduled payments, at the election of the Participant in the Participation Agreement or (if there is no such election by the Participant) of the Beneficiary after the Participant's death, but at least 60 days prior to the commencement of benefit. Each Participant may designate in his Participation Agreement a Beneficiary or Beneficiaries to receive any amounts which may be distributed in the event of his death prior to the complete distribution of benefits. A Participant may change his designation of Beneficiaries at any time by filing a proper application with the Administrator. If no such designation is in effect on a Participant's death, or if the designated Beneficiary does not survive the Participant by 30 days, his Beneficiary shall be his Estate. 5.03 Upon Disability - In the event of a Participant's Disability, distributions shall commence as of the first day of the third month following his/her separation from service, provided, however, that at least 60 days prior to such commencement of benefit payments, the Participant may irrevocably elect to defer the commencement of benefit payments until a fixed or determinable date subsequent to the commencement date specified in this Section 5.03. In no event shall distribution commence later that the later of (i) 60 days after the close the Plan Year in which the Participant or former Participant attains (or would have attained) Normal Retirement Age or (ii) 60 days after the close of the Plan Year in which the Participant separates from service with the Employer. Distribution shall be made in one lump sum or in regularly scheduled payments as specified in the Participant's Participation Agreement or as otherwise specified by the Participant in writing to the Administrator not less than 60 days prior to the scheduled payments. The amount of such lump sum or scheduled payment, unless distributed as annuity or insurance contracts, shall equal the value of the Participant's account or on scheduled payment, value of account plus subsequent earnings. (5) 5.04 Upon Termination of Service - in the event of a Participant's separation from service in circumstances other than those described in Sections 5.01, 5.02, and 5.03 of this Plan, distributions shall commence on the first day of the third month following his/her separation from service, provided, however, that at least 60 days prior to such commencement date the Participant may irrevocably elect to defer the commencement of benefit payments until a fixed or determinable date subsequent to the commencement date specified in this Section 5.04. In no event shall distribution commence later than the later of (i) 60 days after the close of the Plan Year in which the Participant or former Participant attains (or would have attained), Normal Retirement Age, or (ii) 60 days after the close of the Plan Year in which the Participant separates from service with the Employer. Distribution shall be made in one lump sum or in regularly scheduled payments as specified by the Participant's Participation Agreement or otherwise specified by the Participant in writing to the Administrator not less than 60 days prior to the commencement of payments. The amount of such lump sum or scheduled payments, unless distributed as annuity or insurance contracts, shall equal the value of the Participant's Account or on scheduled payments, value of account plus subsequent earnings. 5.05 Required Beginning Date - The entire interest of the Participant will be distributed, or commence to be distributed, not later than the April 1 following the calendar year in which the Participant attains age 70 1/2 ("required beginning date'), in equal or substantially equal amounts over (i) the life of the Participant, (ii) the lives of the Participant and his Beneficiary, (iii) a period not extending beyond the life expectancy of the Participant and his Beneficiary, (iv) a period not extending beyond the joint and last survivor expectancy of the Participant and the Beneficiary, or (v) a combination of the foregoing. If the Participant has not retired, as of the required beginning date, distributions shall commence no later than 60 days after the close of the plan year in which he separates from service. 5.06 Limitations on Distributions - Notwithstanding any other provision of this Plan, distributions shall be subject to the following limitations: (a) If distribution first commences under Section 5.01, 5.03, 5.04, or 5.06, such distribution shall be made in a form under which: (i) the amount distributed in each year commencing with the required beginning date must be either (A) a level amount determined by applying the Participants entire interest to the purchase of an annuity contract commencing payments at least annually on or before the required beginning date over a period consistent with Section 5.06 or (B) at least equal to the quotient obtained by dividing the Participant's then remaining interest by the life expectancy of the Participant or the joint and last survivor expectancy of the Participant and the Beneficiary, as relevant; (ii) if provision is made for the payment of a portion of the benefits to a Beneficiary, the amount payable to the Participant actuarially must exceed 1/2 of the maximum amount payable to the Participant had no provision been made for payments to the Beneficiary (determined as of the commencement of the distribution); and (iii) any amount not distributed to the Participant during his life will be distributed after the death of the Participant at least as rapidly as the rate being used under Section 5.06(a)(ii) as of the date of his death. (6) (b) If distribution first commences after the Participant's death under Section 5.02, the Participant's entire interest must be distributed over a period not to exceed (i) the Beneficiary's fife or life expectancy, if the Beneficiary, is the Participant's surviving spouse and if distribution commences on or before the date the deceased Participant would have attained age 70 1/2, (ii) the lesser of 15 years or the life expectancy of the Beneficiary, if the Beneficiary is not the Participant's surviving spouse and if distributions commence within one year of the date of the Participants death in equal or substantially equal payments, or (iii) the lesser of 5 years from the date of the Participant's death or the Beneficiary's life expectancy, if subsections (b) (i) and (b) (ii) are inapplicable. For purposes of this subsection, any amount paid to a child of the Participant will be treated as if it had been paid to the surviving spouse if the remainder of the interest becomes payable to the surviving spouse when the child reaches the age of majority. (c) For purposes of Section 5.06, 5.06(a) and 5.06(b), life expectancies will be computed by use of the expected return multiples in Treasury Regulations 1.72-9 or, if distribution is to be effected through a contract issued by and insurance company, by use of the mortality tables of such company. For purposes of Section 5.06, 5.06(a)(I), and 5.06(b)(i), the life expectancy of the Participant and the Participant's surviving spouse (if such spouse is the Beneficiary) may be recalculated annually. (d) Any distribution hereunder payable over a period in excess of one year can only be made in substantially nonincreasing amounts, paid not less frequently than annually, which includes but is not limited to the method described in Section 5.06(a)(0(A) and (B). VI. FORM OF DISTRIBUTION 6.01 Distributions of amounts under Article V of the Plan shall conform to the requirements of this Article VI. (a) Subject to the requirements of this Article VI, each Participant may elect the settlement option and payment period for payments to be made with respect to each event described in Article V from among any alternatives offered by the Administrator. Such election may by made or modified until the date 30 days prior to the time that benefit payments are to commence. The settlement options and payment periods available under the Plan shall be: (1) A lump sum distribution; (2) Annual or more frequent (but not more frequently than monthly) installments as nearly equal as practicable over a definite period; and (3) A life annuity provided by an insurance company. (b) If the Total Amount Deferred is less than $1,750, or if a Participant has elected a settlement option for himself or his Beneficiary that require installment or annuity payments of less than $50.00 per month, determined as of the date benefit payments are to commence, then notwithstanding any election made pursuant to subsection (a), the Employer shall pay the total Amount Deferred to the Participant or his Beneficiary in a single payment on the date payments are to commence. (c) Subject to the provisions of this Article Vi, if a Participant does not effectively elect a settlement option and payment period for benefits payable under Section 5.01, then such benefits shall be paid to the Participant in the form of a life or 15-year certain annuity. (7) If a Participant does not effectively elect a settlement option and payment period for benefits payable under Section 5.02, then such benefits shall be paid, beginning on the first day of the third month following the Participant's death, in the following form: (1) Benefits payable to the Participant's surviving spouse shall be paid in the form of a life annuity or a "Systematic -type" distribution under Section 401(a)(9) IRC; (2) Benefits payable to the Participant's Estate shall be paid in a lump -sum distribution; (3) Benefits payable to any other Beneficiary shall be paid in the form of a 15-year certain annuity; VII FINANCIAL HARDSHIP Notwithstanding any other provision herein, in the event of an Unforeseeable Emergency as defined in Section 2.15 hereof, a Participant may make a request to the Administrator that the Employer pay all or a portion of the Total Amount Deferred to the date of payment. If the application for payment is approved by the Administrator, payment will be made within 60 days following such approval. Payment shall be limited strictly to that amount reasonably necessary to meet the situation constituting the Unforeseeable Emergency, and payments may not be made to the extent that a hardship is or may be relieved through reimbursement or compensation by insurance or otherwise, by liquidation of the Participant's assets (to the extent such liquidation does not itself cause severe financial hardship), or by cessation of deferrals under the Plan. Any remaining amounts shall be paid in accordance with Articles V and VI of the Plan. VIIi. LEAVE OF ABSENCE 8.01 If a Participant is on an approved leave of absence from the Employer with compensation, or on approved leave of absence without compensation for a period of not more than three months (which period may be extended by the Employer), his participation in the Plan may continue. 8.021f a Participant is on an approved leave of absence without compensation and such leave of absence continues beyond the period specified in Section 8.01, said Participant shall have terminated employment with the Employer, provided, however, that prior to the expiration of the period specified in Section 8.01, said Participant may request the Administrator to permit him to leave the funds previously deferred in the Plan. Upon termination of leave without pay and return to active status, the Participant may execute a new Participation Agreement to be effective when permitted by the Plan. IX. AMENDMENT OR TERMINATION OF PLAN 9.01 The Employer may at any time terminate its participation in this Plan. Upon such termination, each Participant in the Plan will be deemed to have revoked his agreement to defer future compensation as provided in Section 4.06 as of the date of such termination. Each Participant's full Compensation on a non - deferred basis shall thereupon be restored. 9.02 The Employer may also amend the provisions of the Plan (including those provisions with respect to its duties and responsibilities hereunder) at any time; provided, however, that no amendment shall affect the amount of benefits which at the time of such amendment shall have accrued for Participants or Beneficiaries, to the extent of any Compensation deferred before the time of the amendment and income thereon accrued to the date of the amendment, calculated in accordance with Section 4.08. (8) X RELATIONSHIP TO OTHER PLANS It is intended that, pursuant to Section 457 of the Code, the amount of Deferred Compensation will not be considered current compensation for purposes of Federal income taxation. Such amounts will, however, be included as compensation to the extent required under the Federal Insurance Contributions Act (FICA). Payments under this Plan will supplement retirement and death benefits payable under the Employer's group insurance and retirement plans, if any. XI. NON -ASSIGNABILITY It is agreed that neither the Participant nor his Beneficiary, nor any other designee shall have any right to commute, sell, assign, transfer, or otherwise convey the right to receive any payments hereunder, which payments and right thereto are expressly declared to be non -assignable and non -transferable; and in the event of attempt to assign or transfer, the Employer shall have no further liability hereunder, nor shall any unpaid amounts be subject to attachment, garnishment or execution, or be transferable by operation of law in event of bankruptcy, insolvency, except to the extent otherwise required by law. XII. ASSETS All amounts of Compensation deferred under the Plan, all property and rights purchased with such amounts, and all income attributable to such amounts, property or rights, shall remain (until made available to the Participant or his Beneficiary) solely the property and rights of the Employer subject only to the claims of the Employer's general creditors. XIII. PARTICIPATION BY ADMINISTRATIVE MEMBERS The Administrator may participate in the Plan under the same terms and conditions as apply to other Participants but shall not have the power to participate in any administrative action taken with respect to his participation without approval of the Board of Directors of the Employer. XIV. EMPLOYER PARTICIPATION Notwithstanding any other provisions of this Plan, the Employer may add to the amounts payable to any Participant under the Plan additional Deferred Compensation for services to be rendered by the Participant to the Employer during a calendar month, provided: (a) The Participant has elected to have such additional Compensation deferred, invested, and distributed pursuant to this Plan, prior to the calendar month in which the Compensation is earned, and (b) Such additional Compensation deferred, when added to all other Compensation deferred under the Plan, does not exceed the maximum deferral permitted by Article IV. XV. DISCLAIMER WITH RESPECT TO INVESTMENTS The Employer, the Board of Directors and the Administrator, if one has been appointed, make no endorsement, guarantee or any other representation and shall not be liable to the Plan or to any Participant, Beneficiary, or any other person with respect to the financial soundness, investment performance, fitness or suitability (for meeting a Participant's objectives, future obligations under the Plan, or any other purpose) of (a) any investment vehicle offered as a standard for measuring income on amounts deferred under the Plan under Section 4.08, or (b) any investment vehicle in which amounts deferred under the Plan are actually invested. (9) XVI. PLAN -TO -PLAN TRANSFERS 17.01 Transfers to the Plan: if a Participant was formerly a participant in an eligible state deferred compensation plan (within the meaning of Section 457 of the Code and the regulations thereunder) and if such plan permits the direct transfer of the Participant's interest therein to the Plan, then the Plan shall accept assets representing the value of such interest; provided, however, that the Administrator may require in his sole discretion that some or all of such interest be transferred in cash or its equivalent. Such amount shall be held, accounted for, administered and otherwise treated in the same manner as Compensation deferred by the Participant under the Plan including, without limitation, for purposes of Section 4.01 except that (a) only the amount, if any, transferred to this Plan which was deferred under the transferror plan in the taxable year when transfer occurs shall be treated as Compensation deferred under the Plan in such year for purposes of Sections 4.01 and 4.02 and 4.03 and (b) such amount shall remain subject to, and shall be administered in accordance with, any irrevocable elections made under the transferror plan with respect to such amount. 17.02 Transfers from the Plan: The amounts credited to the account of a former Participant in the Plan may be transferred to another eligible state deferred compensation plan (within the meaning of Section 457 of the Code and the regulations thereunder) and in which the former Participant currently participates, and if such plan provides for the acceptance of such amounts; provided, however, that if a Participant terminates his service with the Employer in order to accept employment with the entity sponsoring such plan and if such plan accepts transferred amounts, then payment of benefits under the Plan will not commence, regardless of any other provision of the Plan, and the deferrals will automatically be transferred to such plan. 17.03 Application for Transfer: If the conditions in Section XVI are met and the Participant wishes to transfer his/her account, he/she shall complete any application form and/or other documents as may be required by the Administrator. 17.04 Administrative Rules: The Administrator shall prescribe such rules consistent with the provisions of Sections 17.01 and 17.02 concerning plan -to -plan transfers as in its sole judgement deems desirable for the orderly administration of the Plan. XVII. INTERPRETATION 18.01 This Plan shall be construed under the laws of the State of California. 18.02 This Plan is intended to be an eligible state deferred compensation plan with the meaning of Section 457 of the Code, and shall be interpreted so as to be consistent with such Section and all regulations promulgated thereunder. 18.03 Word Usage: Words used herein in the singular shall include the plural and the plural the singular where applicable, and one gender shall include the other gender where appropriate. 18.04 Headings: The headings of articles, sections or other subdivisions hereof are included solely for convenience of reference, and if there is any conflict between such headings and the text of the Plan, the text shall control. (10) 18.05 Counterparts: This instrument may be executed in several counterparts, each of which shall be deemed an original and said counterparts shall constitute but one and the same instrument, which may be sufficiently evidenced by the counterparts. PASSED AND ADOPTED this ATTEST: BY: Deputy City Clerk day of BY: , 19 Mayor City of San Jacinto Staff Report TO: Honorable Mayor and Members of the City Council via Pamela S. Easter, City Manager FROM: Ross Chadwick, Fire Chief/Building Official //(,//z/q3 DATE: January 19, 1993 SUBJECT: Community Beautification Ordinance Amendment (Graffiti) RECOMMENDATION: Introduce an Ordinance which amends the Community Beautification Ordinance, City of San Jacinto Ordinance No. 954, to clarify the definition of graffiti and the abatement procedures for graffiti. BACKGROUND: The purpose of this amendment to the Community Beautification Ordinance is to accomplish the City Council's desire to develop a "graffiti ordinance" consistent with the City of Hemet. As you know, both cities have been meeting regularly as part of a Valley Graffiti Committee. The City Attorneys of both cities met with staff to discuss a graffiti ordinance which could be used in both jurisdictions. It was determined at that time that the only necessary legal move needed by San Jacinto was to amend its beautification ordinance. Hemet's nuisance ordinance does not proclaim graffiti to be a nuisance; therefore, Hemet amended their nuisance ordinance declaring graffiti a nuisance and also amended their current graffiti ordinance to a simple ordinance which defines graffiti and gives the City the right to expend public funds to abate graffiti. Our amendment to the beautification ordinance accomplishes the same things using the same basic language as Hemet's ordinance to maintain consistency. Following are the recommended changes to the Community Beautification Ordinance as proposed in the amended ordinance: Section 3. The City Council of the City of San Jacinto finds and determines that graffiti is a visual blight, decreases property values, is associated with crime and delinquency, and the continued existence of graffiti encourages more graffiti and the problems associated therewith. Page 1 Section 5. The City Council finds that the expeditious removal of graffiti is necessary to protect the health, safety and welfare of the citizens of San Jacinto. Section 6. The City is authorized by California Government Code Section 53059.3 to enact an ordinance to provide for the use of City funds to remove graffiti from public or privately owned structures located on public or privately owned real property within the City. 8.04.020 Definitions. For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the context that a different meaning was intended: "Graffiti" as used in this Chapter includes any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn or painted on any structural component of any building, structure or other facility, regardless of the nature of the material of that structural component. The City Council of the City of San Jacinto also finds that graffiti or other inscribed material is "obnoxious." 8.04.060 Removal of Graffiti. Whenever the Code Enforcement Officer determines that graffiti is so located on public or privately owned structures on public or privately owned real property within this City so as to be capable of being viewed by persons utilizing any public right-of-way in this City, the Code Enforcement Officer is authorized to provide for the removal of the graffiti solely at the City's expense, without reimbursement from the property owner upon whose property the graffiti has been applied, upon the following conditions: A. The painting or repair is limited to the area reasonably required to remove the graffiti. B. The removal of graffiti as authorized by this Chapter may be performed only after securing the consent of the public entity having jurisdiction over the structure, and in the case of a privately owned structure, only after securing the consent of the owner. Nothing in 8.04.060 shallpreclude the use of the other provisions of this Chapter in the removal of graffiti when necessary. Page 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO OF SAN JACINTO, CALIFORNIA, AMENDING CHAPTER 8.04 TO TITLE 8 OF THE SAN JACINTO MUNICIPAL CODE AND REPEALING ORDINANCE NO. 954 RELATING TO COMMUNITY BEAUTIFICATION THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of San Jacinto finds and determines that this City desires well -kept properties and strict enforcement of building and zoning regulations and that the values and general welfare of this community arc founded, in part, upon the appearance and maintenance of properties and property values. Section 2. The Council further finds and determines that certain detrimental conditions, as hereinafter set forth as nuisances, are injurious or potentially injurious to the public health, safety and welfare of the community by: contributing to the problems of expenditures for protection against hazards; the reduction of property values; the necessity for the prevention of crime, accidents, fires, and disease; and, the need to preserve the community in a manner which is not offensive to the senses and which does not interfere with the comfortable enjoyment of life and property. Section 3. The City Council of the City of San Jacinto finds and determines that graffiti is a visual blight, decreases property values, is associated with crime and delinquency, and the continued existence of graffiti encourages more graffiti and the problems associated therewith. Section 4. The City Council of the City of San Jacinto further finds and determines that the regulation of property as described herein reasonably relate to the proper exercise of police power to protect the health, safety and welfare of the public and is reasonably encompassed with the purview of the authorizations granted by the California Government Code and the State Constitution, and that unless corrective measures are undertaken to alleviate certain property maintenance conditions, acceptable community standards will he depreciated. Section 5. The City Council finds that the expeditious removal of graffiti is necessary to protect the health, safety and welfare of the citizens of San Jacinto. Section 6. The City is authorized by California Government Code Section 53059.3 to enact an ordinance to provide for the use of City funds to remove graffiti from public or privately owned structures located on public or privately owned real property within the City. Section 7. The City Council further finds and determines that the abatement of such conditions will enhance the image, appearance and the values of neighboring properties, will benefit the use and enjoyment of properties in the City, and will ultimately improve the City's tax base. Section 8. Chapter 8.04 of Title 8 of the San Jacinto Municipal Code is hereby amended to read as follows: February 2, 1993 Pagel ORDINANCE NO. -- Community Beautification Ordinance Chapter 8.04 NUISANCES Sections: 8.04.010 Intent and Purpose 8.04.020 Definitions 8.04.030 Abatement of Violation and Public Nuisance 8.04.040 Alternative Remedies 8.04.050 Classification of Nuisances 8.04.060 Removal of Graffiti 8.04.070 Declaration of Public Nuisance 8.04.080 Emergency Abatement 8.04.090 Right of Entry 8.04.100 Service of Notices and Order to Abate 8.04.110 Voluntary Abatement of Nuisances 8.04.120 Failure to Voluntarily Abate a Declared Public Nuisance 8.04.130 Notice of Intention to Abate Public Nuisance and Public Hearing Notice 8.04.140 Hearing by Community Preservation Committee 8.04.150 Decision by Community Preservation Committee 8.04.160 Service of the Abatement Order 8.04.170 Abatement by Property Owner 8.04.180 Abatement by the City 8.04.190 Cost of Abatement 8.04.200 Record of Cost of Abatement 8.04.210 Cost Report -- Hearing and Proceedings 8.04.220 Assessment of Costs Against Property 8.04.230 Violations 8.04.240 Grievance with Final Order -- Appeal to City Council 8.04.250 City Council Action 8.04.01 0 Intent and Purpose. It is the intent and purpose of this chapter to identify and provide a remedy for certain conditions which, when found to exist on land within the City, are detrimental to public health, safety or welfare, or which interfere with the reasonable enjoyment of life or property, and thereby create a public nuisance. The purpose of this chapter is to provide minimum standards for the maintenance of property in the City. However, it is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, or with private restrictions placed upon property by covenant, deed, or other private agreement or with restrictive covenants running with the land to which the City is a party. 8.04.020 Definitions. For the purpose of this chapter, the following words and phrases are defined and shall he construed as hereinafter set out, unless it is apparent from the context that a different meaning was intended: February 2, 1993 Page 2 ORDINANCE NO. -- Community Beautification Ordinance "Building" means any house, garage, duplex, apartment, condominium, stock cooperative, or other residential structure and any nonresidential building. B . "City" means the City of San Jacinto. C. "Code Enforcement Officer" means the City Manager for the City and her duly authorized representatives. D. "Community Preservation Committee" shall consist of five (5) persons selected from the various City identified neighborhoods with two (2) alternates, all to he appointed by the City Council. E. "Owner" means any person owning property, as shown on the last equalized assessment roll for the City or the lessee, tenant or other person having control or possession of the property. "Person" means any individual, firm, partnership, association, corporation, company or organization of any kind. G. "Property" means all residential and nonresidential, real property, including, but not limited to front yards, side yards, hack yards, driveways, parkways, walkways and sidewalks and shall include any building located on such property. H. "Public Streets" means all dedicated rights -of -way used mainly for vehicular travel, including alleys. I. "Graffiti" as used in this Chapter includes any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn or painted on any structural component of any building, structure or other facility, regardless of the nature of the material of that structural component. The City Council of the City of San Jacinto also finds that graffiti or other inscribed material is "obnoxious." 8.04.030 Abatement of Violation and Public Nuisance. Notwithstanding any other provisions of this Code, whenever there is a condition or use existing on private land and such use or condition is a public nuisance and is a violation of any provision of this Code, the proceedings set forth in this chapter may he used as an alternative to any other proceeding or manner of getting abatement set forth in this Code. 8.04.040 Alternative Remedies. Nothing in this chapter shall he deemed to supersede other provisions of this Code, nor prevent the City from commencing civil or criminal proceedings to abate a public nuisance under applicable Civil Code or Penal Code provisions as an alternative or in addition to the proceedings set forth in this chapter. 8.04.050 Nuisances. The following acts and conditions when performed or existing upon any lot or parcel of land within the City are hereby declared to he unlawful and are hereby defined as and declared to he public nuisances which are injurious or potentially injurious to the public health, safety and welfare, which have a tendency to degrade the appearance and property values of surrounding February 2, 1993 Page 3 ORDINANCE NO. -- Community Beautification Ordinance property or which cause damage to public rights -of -way. Therefore, it shall he unlawful for any person owning, leasing, renting, occupying or having charge or possession of any property in the City, improved or unimproved, to maintain or to allow to be maintained, such property in such manner that any of the following acts or conditions are found to exist thereon, except as may he allowed in this Code: A. Land: 1. The topography, geology or configuration of which, as a result of grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to he injurious to the public or to the adjacent properties. 2. Uncovered excavations. Uncovered excavations of more than three feet in depth having a total volume in excess of six cubic feet. B. Buildings and Structures: Buildings which are abandoned, boarded up, partially destroyed, or left in a state of partial construction for an unreasonable period of time; and such buildings which are unpainted or where the paint on the building exterior is mostly worn off; and such buildings which exhibit badly weathered roofs in part or in their entirety. 2. Faulty weather protection including, but not limited to, crumbling, cracked, missing, broken, or loose exterior plaster or other siding, roofs, foundations or floors, broken or missing windows or doors, or unpainted surfaces causing dry rot. warping, or termite infestation. 3. Buildings, walls, and other structures which have been damaged by tire, flood, earthquake, decay or otherwise to such an extent that they cannot be economically repaired so as to conform to the requirements of the building code in effect in the City. 4. Unoccupied buildings which have been left unlocked or otherwise open or unsecured from intrusion by persons, animals or the elements or which arc hoarded up by a method or materials not approved by the Fire and Life Safety Department. 5. Broken windows constituting hazardous conditions and inviting trespassers. 6. Fences or walls which are in a hazardous condition, or which are in disrepair, or which hinder free access to public sidewalks. 7. Fences or walls which do not meet City standards as specified in this Code or any other City standard or ordinance. Fences shall he: a. Free of graffiti. b. Free of water stains. c. Standing vertical to the ground, structurally sound, with no holes in the fencing material. February 2, 1993 Page 4 ORDINANCE NO. -- Community Beautification Ordinance d. Maintained in their original condition unless an alternate approval has been given by the City. 8. The maintenance of any building, structure or property in violation of the provisions of or in an unsafe or substandard condition as defined in various uniform construction codes as adopted by the City. C. Property Maintenance: l . The accumulation of dirt, litter or debris on the property which is visible from a public street. 2. Clotheslines or clothes hanging in front yards, sidcyards, porches or balconies and visible from a public street. 3. Trash, garbage or refuse cans, bins, boxes or other such containers stored in front or sideyards and visible from a public street. 4. Packing boxes, lumber, junk, trash, salvage materials, or other debris kept on the property for an unreasonable period and visible from a public street. 5. Attractive nuisances dangerous to children and visible from a public street, including abandoned, broken or neglected equipment, machinery. refrigerators and freezers, hazardous pools, ponds and excavations. 6. Broken or discarded furniture, household equipment and furnishings or shopping carts stored on the property for unreasonable periods and visible from a public street. 7 Overgrown vegetation likely to harbor rats, vermin and other nuisances causing detriment to neighboring properties or property values or obstructing necessary view of drivers on public streets or private driveways and visible from a public street. Dead, decayed, diseased or hazardous trees, weeds or other vegetation constituting unsightly appearance, dangerous to public safety and welfare or detrimental to neighboring properties or property values and visible from a public street. These include weeds of wingy and/or downy nature and/or attain such a large growth as to become a fire menace when dry. These weeds are considered seasonal and recurrent and shall not exist upon parkways, streets and private property within the City. 9. Graffiti or other words, letters or drawings which remain on the exterior of any building or fence and are visible from a public street. 10. Boats, trailers, vehicles, vehicle parts or other articles of personal property which are abandoned or left in a state of partial construction or repair for an unreasonable period of time in front yards, sideyards, driveways, sidewalks or walkways and are visible from a public street. 11_ Camper shells which are left for an unreasonable period of time in front yards, driveways, sideyards, sidewalks, or walkways and are visible from a public street. February 2, 1993 Page 5 ORDINANCE NO. -- Community Beautification Ordinance 12. Breeding places for flies. Any barn, stable, chicken house or yard, manure or fertilizer pile which is a breeding place for flies, or liable to become such. 13. Any accumulation of garbage or filth. 14. Obstructions to sidewalks, streets, etc. Unapproved encroachments upon or obstructions in or to any sidewalk, street, alley, lane, court, park or other public place. 15. Sidewalks dangerous to public safety. The existence or presence of a sidewalk in need of repair and which is dangerous to the public safety. 16. Water which is a breeding place for mosquitoes, The accumulation of any pool of water in such a manner that the same is, or may become, a breeding place for mosquitoes. 17. Substantial neglect of property, including all yard areas, landscaping, irrigation systems and similar improvements. 18. Paved areas which have deteriorated containing loose material, potholes, broken, raised or depressed sections, or which have become insufficient to prevent mud and/or dirt. 19. The accumulation of junk, trash, refuse, lumber, rocks, dirt, broken concrete or asphalt, scrap metals, scrap plastic or polymer materials, scrap building materials, tree and landscape trimmings and other similar or related materials either inside or outside buildings which have been unlawfully placed or retained on property or otherwise disposed of illegally or improperly. D. Fire hazards as determined by the Fire Chief of the City. Noises: 1. Human, animal, electrical, etc. The persistent emission or maintenance of any noise which disturbs the peace or comfort, or is injurious to the health of an entire community or neighborhood or any considerable number of persons. ?. Loudspeakers or amplifying devices. Unauthorized operation or use of any loudspeaker or amplifying device on any public street or in any public place or outside of any building facing upon a business street. Radio waves or television interference. Radio wave or television interference which can reasonably be eliminated. Wrecking yards, junkyards, etc. Automobile wrecking yards; brick, cement block or tile yards; junkyards; junk iron or metal; dilapidated or dismantled automobiles; household appliances; machinery or parts within any residential district as the same are defined in this Code or any other City ordinance. H. Signs: 1. Signs constructed or erected in violation of the provisions of this City Code or any other City ordinance as in effect at the time of their construction or erection. February 2, 1993 Page 6 ORDINANCE NO. -- Community Beautification Ordinance 2. Signs legally erected, but whose use has ceased, or the structure upon which the display is placed has been abandoned by its owner, not maintained, or not used to identify or advertise an ongoing business for a period of more than thirty (30) days. 3. Signs legally erected which later become nonconforming as a result of the adoption of an ordinance, on which the amortization period for the display provided by the ordinance rendering the display nonconforming has expired. 4. Signs which are a danger to the public or are unsafe. 5. Signs which are a traffic hazard not created by the relocation of streets or highways or by acts of the City or County. The storage, discharge, handling, maintenance, use or otherwise dealings with hazardous substances, as defined by applicable state or federal laws or regulations when: 1. In violation of federal, state or local laws or regulations. 2. In such a manner to affect in any way air or water quality. 3. In such a manner as to create an identifiable risk of accidental release of the substances, which release might adversely affect the health, safety or welfare of persons, property damage, or adversely after air or water quality. J. Vehicle(s) as defined by the California Vehicle Code for sale at a parcel not approved for such use by the City. K. Any condition as to he detrimental to the public health, safety, or general welfare or in such manner as to constitute a public nuisance as defined by Section 3480 of the California Civil Code. L. Any of the conditions described in this chapter which exist on a property and are not visible from a public street, but the City has received more than one complaint. 8.04.060 Removal of Graffiti. Whenever the Code Enforcement Officer determines that graffiti is so located on public or privately owned structures on public or privately owned real property within this City so as to he capable of being viewed by persons utilizing any public right-of-way in this City, the Code Enforcement Officer is authorized to provide for the removal of the graffiti solely at the City's expense, without reimbursement from the property owner upon whose property the graffiti has been applied, upon the following conditions: A. The painting or repair is limited to the area reasonably required to remove the graffiti. B. The removal of graffiti as authorized by this Chapter may be performed only after securing the consent of the public entity having jurisdiction over the structure, and in the case of a privately owned structure, only after securing the consent of the owner. Nothing in 8.04.060 shall preclude the use of the other provisions of this Chapter in the removal of graffiti when necessary. February 2, 1993 Page 7 ORDINANCE NO. -- Community Beautification Ordinance 8.04.070 Declaration of Public Nuisance. Any property found to he maintained in violation of 8.04.050 is hereby declared to be a public nuisance and shall he abated by rehabilitation, removal, demolition, or repair pursuant to the procedures set forth herein. The procedures for abatement set forth herein shall not he exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisance in any other manner provided by law. Abatement shall normally he in accordance with procedures set forth in the chapter. Whenever the Code Enforcement Officer finds that a nuisance, as defined by Section 8.04.050, exists on any premises located within the City, he or she shall advise the property owner, lessee or occupant of the property on which the nuisance is located of the nuisance and direct that the nuisance he abated. The property owner, lessee or occupant shall be notified of the existence of the alleged nuisance in accordance with Section 8.04.100. The notification shall detail the violations and establish a reasonable abatement period which shall not he less than ten (10) days. 8.04.080 Emergency Abatement. When a public nuisance constitutes an immediate hazard or threat of harm and the situation calls for abatement sooner than the abatement procedures in this chapter otherwise allow, the Code Enforcement Officer may take or cause emergency abatement of such nuisance with such notice to parties concerned, or without notice, as the particular circumstance reasonably allows. 8.04.090 Right of Entry. The Code Enforcement Officer, or designated assistants, deputies, employees or contracting agents may enter upon the land for posting or serving notice, or, also, for abating any such public nuisance and violations as provided in this chapter. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or wherever the City Code Enforcement Officer has reasonable cause to believe that there exists in any building or upon any premises any condition or violation of this Chapter, the Code Enforcement Officer or authorized representative may enter said building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Code Enforcement Officer by this chapter; provided that if such building or premises be occupied, the officer shall first present proper credentials and request entry; and if such building or premises be unoccupied, the officer shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the officer or authorized representative shall have recourse to every remedy provided by law to secure entry and to enforce the provisions of this Ordinance including the abatement of existing nuisances. 8.04.100 Service of Notices and Order to Abate. Service of notice under this chapter shall be made: A. By personal service on the owner, occupant or person in charge or control of the property; or B. By posting a notice in a conspicuous place on or in front of the property in question and then by sending a copy of said notice by registered or certified mail addressed to the owner at the last known address of said owner. If there is no known address for the owner, the notice shall he sent to the property address. "Owner" as used herein means any person(s) shown as the property owner on the latest equalized property tax assessment rolls. February2, 1993 Page 8 ORDINANCE NO. -- Community Beautification Ordinance 8.04.110 Voluntary Abatement of Nuisance. The owner, lessee or occupant of any building, structure or property alleged to be a nuisance under the provisions of the Chapter may abate the nuisance at any time within the abatement period provided in Section 8.04.070 by rehabilitation, repair, removal, or demolition. The owner, lessee, or occupant shall advise the designated enforcement officer of the abatement. Once so advised, the officer shall inspect the premises to insure that the nuisance has, in fact, been abated. 8.04.120 Failure to Voluntarily Abate a Declared Nuisance. If the alleged nuisance is not voluntarily abated within the period established under the provisions of Section 8.04.070, the property owner, lessee or occupant shall he subject to involuntary abatement in accordance with the procedures set below. 8.04.130 Notice of Intention to Abate Public Nuisance and Public Hearing Thereon. The Notice of Intention to Abate Public Nuisance described in Section 8.04.070 shall demand that the proper owner, lessee or occupant, remedy or abate such public nuisance within a reasonable period of time which shall not he less than ten (10) days. It shall also give notice of the owner's right to a hearing before the Community Preservation Committee. Such hearing shall normally only be granted if any interested party requests, in writing to the City Clerk, a hearing prior to the date abatement was to be completed. The hearing shall he held at a time and date not less than seven (7) days nor more than thirty (30) days of the receipt of the request for hearing. Said notice shall also state that no appeal to the City Council will he accepted unless an appeal to the Community Preservation Committee is first made. Once a hearing is requested by the property owner, lessee or occupant, notice of the date, time and place of the hearing may he sent by the City by first class mail postage prepaid. 8.04.140 Hearing by Community Preservation Committee. At the time and place stated in the notice of public hearing, the Community Preservation Committee shall hear and consider all relevant evidence, objections or protests, and shall receive testimony of owners, lessee, occupants, witnesses, city personnel and interested persons relative to such alleged public nuisance and to proposed abatement measures. If the alleged public nuisance is in a City - identified neighborhood of one of the Committee members an alternate Committee member shall be used for the hearing. The hearing may he continued from time to time. Three (3) members of the Committee shall constitute a quorum. The decision of the Committee shall he made by a majority of the quorum present and hearing the evidence. 8.04.150 Decision of the Community Preservation Committee. Following the public hearing, the Community Preservation Committee shall consider all evidence and determine whether the premises, or any part of the premises, or property constitutes a public nuisance as alleged. If the Community Preservation Committee finds that a public nuisance does exist and that there is sufficient cause to abate the nuisance, the Committee shall make a written order setting forth those findings and ordering the owner, lessee, occupant, or other person having charge or control of the premises to abate the nuisance by rehabilitation, repair or demolition in the manner and by the means specifically set forth in the Community Preservation Committee order. The order shall state that if the nuisance is not abated, it will he removed, and the nuisance abated by the City. The order shall state that the cost of removal will be assessed upon the property from which the nuisance is removed and will constitute a lien upon the property until paid. The order February 2, 1993 Page 9 ORDINANCE NO. -- Community Beautification Ordinance shall set forth the time within which the work shall be commenced and completed. The Committee's order shall he made within five (5) days of the hearing. 8.04.160 Service of the Abatement Order. Within five (5) days following the Community Preservation Committee's decision, the property owner, lessee, occupant or the person having charge or control of the premises, shall be served with a copy of the written order of the Community Preservation Committee. Service may he made by posting in the United States mail first class postage prepaid. Service shall he deemed complete five (5) days after mailing. 8.04.170 Abatement by Property Owner. The property owner, lessee, occupant, or person having charge or control of the property, may, at his or her own expense, abate the nuisance as prescribed by the order of the Community Preservation Committee prior to the expiration of the abatement period set forth in the order. If the nuisance has been inspected by the enforcement officer and has been abated in accordance with the order, proceedings shall be terminated. 8.04.180 Abatement by the City. If the declared nuisance is not completely abated by the owner, lessee, occupant, or person having charge or control of the property within the time prescribed in the Community Preservation Committee's order, the Code Enforcement Officer, or any other designated City official, is authorized and directed to cause the nuisance to be abated by City forces or private contract. In furtherance of this section, the Code Enforcement Officer or any designated agent is expressly authorized to enter upon the premises for the purpose of abating the nuisance. 8.04.190 Cost of Abatement. Where the Code Enforcement Officer or a duly authorized representative and/or the City Attorney is required to cause the abatement of the public nuisance pursuant to the provisions of this chapter, the Officer shall keep an accounting of the cost thereof, including incidental expenses for the abatement. "Costs and incidental expenses" includes, hut is not limited to: the actual expenses and costs of the City in the preparation of notices, specification and contracts; inspection or the work; any attorney's fees expended in the abatement of the nuisance, through civil action or otherwise; all costs and expenses for which the City may he liahle under state law arising from or related to the nuisance abatement action; and all costs or expenses to which the City may be entitled pursuant to Health and Safety Code Section 510 and other statutory entitlements. Costs or expenses for which the City may he reimhursed shall begin to accrue at the time the City first receives a complaint regarding a problem on the property. Costs and expenses may he recovered even if the nuisance is corrected prior to a nuisance abatement hearing or an appeal hearing. 8.04.200 Record of Cost for Abatement. A. The Code Enforcement Officer or such other City official as may he designated, shall keep an account of the costs (including incidental expenses) of abating such nuisance on each separate lot or parcel of land where the work is done and shall render an itemized report, in writing to the Community Preservation Committee, showing the cost of abatement and the rehabilitation, demolishing or repairing of the premises, building or structures, less any salvage value relating thereto; provided, that before the report is submitted to the Community Preservation Committee, a copy of same shall he served in accordance with the provisions of Section 8.04.100 together with a notice of the time when the report shall be February 2, 1993 Page 10 ORDINANCE NO. -- Community Beautification Ordinance heard by the Community Preservation Committee for confirmation. A copy of the report and notice shall he posted for at least three (3) days prior to its submission to the Community Preservation Committee on or near the door to the City Council chambers. B. The Community Preservation Committee shall set the matter for hearing to determine the correctness and reasonableness of such costs. 8.04.210 Cost Report -- Hearing and Proceedings. At the time and place fixed for receiving and considering the cost report, the Community Preservation Committee shall hear and pass upon the report of such costs of abatement, together with any objections or protests. Thereupon, the Community Preservation Committee may make such revision, correction or modification in the cost report as it may deem just, after which, by motion, the report, as submitted or revised, corrected or modified, shall he confirmed. The decision of the Community Preservation Committee on all protests and objections which may be made, shall be final and conclusive. 8.04.220 Assessment of Costs Against Property. The total cost for abating such nuisance, as confirmed by the Community Preservation Committee, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the County Recorder of a notice of lien as so made and confirmed, shall constitute a lien on the property for the amount of such assessment, pursuant to the provisions of Government Code Section 38773.5. A. After such confirmation and recordation, a copy shall be filed with the assessor and tax collector of Riverside County, acting for the City in order that said County officials may add amounts of the respective assessments to the next regular tax bills levied against the respective lots and parcels of land, and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall he subject to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or B. After such recordation, such lien may he foreclosed by judicial or other sale in the manner and means provided by law; C. Such notice of lien shall he in the form as required by this Code, law or regulation. 8.04.230 Violations. A. In lieu of or in addition to the proceedings for abatement set forth in this chapter, any one of the following may he prosecuted through the criminal process. 1 Any owner, lessee, occupant, or other person having charge or control of any such buildings, or premises, who maintains any public nuisance defined in this Chapter, and who fails to comply with the Order of Abatement served as provided in Section 8.04.100. 2. Any person who removes any notice or order posted as required in this Chapter, for the purpose of interfering with the enforcement of the provisions of this Chapter. 3. Any person who obstructs, impedes or interferes with any representative of the City or with any person who owns, leases or occupies property when any of the February 2, 1993 Page 11 ORDINANCE NO. -- Community Beautification Ordinance aforementioned individuals are lawfully engaged in proceedings involving the abatement of a nuisance under this Chapter. B. Any person violating any of the provisions of 8.04.230 A. 1, 2, or 3 shall be guilty of an infraction and upon conviction thereof shall be punishable by: 1. A tine not exceeding fifty dollars ($50.00) for the first violation; 2. A fine not exceeding one hundred dollars ($100.00) for the second violation within one year; 3. A fine not exceeding two hundred and fifty dollars ($250.00) for each additional violation within one year. C. Each day such a violation is committed or permitted to continue shall constitute a separate offense. 8.04.240 Grievance with Final Order -- Appeal to City Council. Whenever any person is aggrieved by any final order of the Community Preservation Committee issued pursuant to Section 8.04.150 or the confirmation of an assessment pursuant to Section 8.04.200, such person may appeal to the City Council. A The appeal and any required fee shall he filed with the City Clerk within five working days following the service of the order of the Community Preservation Committee. The appeal shall be in writing and shall state the grounds for the appeal. B. The City Clerk shall set the matter for a hearing before the City Council at a date and time not less than ten (10) nor more than thirty (30) days following the filing of the appeal. The City Clerk shall then notify the appellant, by mail, of the date and time of the hearing as set forth in Section 8.04.100. The City Council may continue the hearing date where necessary. C. The City Council shall charge a fee, as set by City Council resolution, for the processing of an appeal. 8.04.250 City Council Action. A. At the time and place set forth for such hearing, the City Council shall review the decision of the Community Preservation Committee and shall afford the appellant with a reasonable opportunity to be heard in connection therewith. The Council shall follow established rules of procedure for the conduct of hearing appeals. If the City Council finds from the relevant evidence presented at the hearing that the action taken was in conformity with the provisions of the Code, it shall require compliance with the order of abatement within thirty (30) days after the mailing of a copy of its order to the affected property owner unless a period of time in excess of thirty days is specifically authorized within which to abate the nuisance. D. If the nuisance is not abated within the thirty (30) day period or within such longer period as the Council may provide, the Code Enforcement Officer is expressly authorized and directed to enter upon the premises for the purpose of abating the nuisance. February 2, 1993 Page 12 ORDINANCE NO. -- Community Beautification Ordinance E. The City Council action is final. FEES, PROCEDURES AND TIME FRAMES The City Council shall by resolution establish certain fees and approve specific procedures and reasonable time frames for this Ordinance not otherwise stated herein. The limitations of California Code of Civil Procedures Section 1094.6 shall apply to any review of an administrative decision made hereunder, VALIDITY The San Jacinto City Council hereby declares that should any section, paragraph, sentence or word of this Ordinance or of the City Municipal Code hereby adopted be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this Ordinance independent of the elimination here from of any such portion as may be declared invalid. DATE OF EFFECT This Ordinance shall take effect and he in force from and after its approval as required by law. The City Clerk shall certify to the adoption of this ordinance and cause the same to he published in a newspaper of general circulation and published in the County of Riverside, State of California. INTRODUCED at a regular meeting of said City Council on the 19th day of January, 1993. MOVED, PASSED and ADOPTED at a regular meeting of said City Council on the 2nd day of February, 1993 by the following vote: AYES: NOES: ABSENT: ATTEST: Mayor City Clerk CERTIFICATE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF SAN JACINTO I, Maurice Armster, City Clerk of the City of San Jacinto, do hereby certify that the foregoing is a true copy of Ordinance No. duly adopted by the City Council of the City of San Jacinto at a regular meeting thereof held the 2nd day of February, 1993. February 2, 1993 Page 13 ORDINANCE NO. -- Community Beautification Ordinance WITNESS my hand and official seal of the City of San Jacinto this day of February, 1993. City Clerk February 2. 1993 Page 14 CITY OF SAN JACINTO Staff Report TO: Honorable Mayor and Members of the City Council via Pamela S. Easter, City Manager FROM: Ross Chadwick, Fire Chief/Building Official DATE: January 19, 1993 SUBJECT: Fire Related Fees and Charges Resolution RECOMMENDATION: Adopt a Resolution which sets the amounts of fees and charges as determined by Ordinance No. 976. BACKGROUND: The City Council introduced Ordinance No. 976 at its January 5th, 1993 meeting. If this Ordinance is adopted at the Council meeting of January 19th, 1993, it will establish and justify certain fees and charges. This recommended resolution sets the amounts of those fees and charges. The City adopted the 1988 Uniform Fire Code and other fire related codes and standards as Ordinance No. 917 on November 20. 1990. Ordinance No. 917 also established certain fees and charges and Resolution No 1909 established the amounts of those fees. Most of the recommended fees in the proposed resolution are slightly higher than those fees and charges adopted in 1990. However, these changes are based on the increased cost of the providing services (using current budgeted costs) since 1990 and the recommendations by a User Fee Study conducted by the City. Two significant points need to be made: 1. No new fees are recommended at this time. 2. The Fire Mitigation Fees for new residential and commercial/industrial development remain the same as established in 1990. A User Fee Study of all Fire and Life Safety Department functions was accomplished by David M. Griffith and Associates (DMG) in January 1993 as part of the City-wide study. This study carefully analyzed the costs of providing services and made several recommendations. Several of the fees in this resolution are based on the Page 1 Fire Related Fees and Charges Resolution Staff Report recommendations of the user fee study. Wherever the fee study recommendation is used in this resolution, it is noted. The summary sheet of the User Fee Study for the Fire Department is attached to this staff report. This summary sheet shows the current fees being charged and the recommended fees being proposed in this resolution. The sheet also shows what it currently costs to provide these services and the relationship between the amount charged and the amount collected. Other Fire Prevention fees are based on the total cost of the Fire Prevention Program and broken down to an hourly rate: Salary and benefits of the Fire Prevention Inspector $73,402 Secretary (25% of salary and benefits) 9,164 Engine Company Personnel 20,000 Fire Department Administration (20%) 27,268 Miscellaneous Costs (office supplies, printing, etc) 10.000 Total Cost of the Program (1993-1994) $139,834 The 1990 Fire Prevention Program costs were $93,076. Using the total cost of the City's Fire Prevention Program and then dividing it by the estimated hours worked in fire prevention, an hourly fee can be determined. San Jacinto Fire Prevention Program Hourly Costs $139,834 annual cost divided by 1,800 hours per year = $78.00 per hour The justification for these fees and charges came partially from the Fire Department's 2010 Strategic Plan in 1990. Following is an excerpt (updated in 1992) from the Fire Department's 2010 Strategic Plan: FUNDING POLICY OF THE SAN JACINTO FIRE DEPARTMENT Unfortunately, traditional sources of General Fund revenues are decreasing and, in some cases, being eliminated. This, coupled with the expensive labor intensive nature of fire protection, makes it increasingly important to develop new sources of funding for Fire Department services. Several forces contribute to shrinking revenues and budget crunches: 1. Money is not coming in from taxpayers like it used to before Proposition 13. Page 2 Fire Related Fees and Charges Resolution Staff Report 2. The cost of government is going up because the cost of providing services has been going up. The demand for services has stayed at least the same and in most cases has increased. The taxpayers in increasing numbers are blaming government and its cost for taxpayers, local government is an accessible point of attack, much easier than government at other levels. The State of California's budget crisis is significantly impacting local governments. San Jacinto Fire Department 2010 Strategic Plan RECOMMENDATION # 4: The funding policy of the San Jacinto Fire Department should be to minimize the Fire Department's dependency on traditional funding sources by developing new fees and charges. It should be the policy to finance its operations by more closely associating the costs of a specific service with those who most benefit from that service. The fire department's philosophy is that fees should be charged for all operations that require resources above the "basic" level of service provided. The following fee alternatives show those three areas of service that will best support this philosophy through the development and implementation of fees for specific specialized services. These three areas are: • New development impact fees (capital) • Cost recovery for emergency services San Jacinto Fire Department 2010 Strategic Plan RECOMMENDATION #6: The City of San Jacinto should have a "Cost Recovery Ordinance" to recover costs for emergencies that go beyond the fire department's "normal" reponse and are caused by neligent or malicious acts. Page 3 Fire Related Fees and Charges Resolution Staff Report "These include, but are not limited to, the extinguishment of malicious intent fires, unattended or out of control permit fires, fires caused by negligent acts, and fires which originated outside the corporate limits of the City and are brought into the City for extinguishment. Other emergency services which fees should be charged are the control and clean-up of hazardous material spills and accidents (in addition to all Riverside County costs) and any emergency caused by driving under the influence (already in place and administered by the police department)." Fire prevention "The City Council and the community objected to charging a fee for regular business fire prevention inspections. The recommended fee schedule takes this into account by eliminating all fire prevention inspection fees until a pre -citation letter is issued (normally on the third visit to an occupancy due to non- compliance with the original fire inspection). The fire department feels that two visits to one occupancy per year may be considered as "basic" services by the fire prevention bureau, but the third and fourth times are beyond a normal level of service and cause the public to pay for an occupancy's lack of compliance." Page 4 FIRE DEPARTMENT UNIT VOLUME CURRENT FEE User Fee Study Summary Sheet 60% OF FULL COST Per Unit information 80% OF FULL COST 100% OF FULL COST CURRENT SUBSIDY 1 PLAN REVIEWS 100 $112 $90 $120 $150 $30 $150 , $0 2 SITE INSPECTIONS 40 $66 $79 $105 $131 $63 $120 $11 3 FIRE PROTECTION CHECKS 20 $120 $97 $130 $162 $42 $160 $2 4 HOOD DUCT INSPECTION 10 $90 $67 $89 $112 $22 5110 $2 5 WATER SYSTEM F LOW TEST 24 $45 $60 $80 $99 $54 $75 $24 6 TANK INSTALLATION 10 $90 $65 $67 $100 $18 $100 $8 7 TANK REMOVAL 10 $68 $123 $163 $204 $136 $120 $84 B SPECIAL INSPECTION 24 $45 $39 $52 $64 $19 $60 $4 9 LICENSED CARE FACIL. (I-6) 10 $0 $65 $86 $108 $108 $51 $58 10 LICENSED CARE FACIL. (7-49) 5 s $45 $97 $130 $162 $117 - $10( $62 11 LICENSED CARE FAOL.(50+) 2 $68 $130 $173 $217 $149 $15t $67 12 BUSINESS INSPECTIONS 450 $0 $69 $92 $115 $115 $1151 $0 13 SPRAY BOOTHS 10 $102 $61 $82 $102 $0 $102 SO 14 UFC PMT - GENERAL 10 $25 $49 $65 $81 $56 $50 $31 15 UFC PMT - BONFIRE 10 $0 $47 $62 $76 $78 $50 $28 16 UFC PMT - HAZ MATEFIAL 10 $45 $47 $62 $78 $33 $75 $3 17 UFC PMT - HAZ MAT'L PROD. 5 $45 $47 $62 $78 $33 $75 $3 18 UFC PMT - HIGH STORAGE 2 $45 $47 $62 $78 $33 $75 53 19 WEED ABATEMENT 1 $75,000 $63,533 $84,710 $105,888 $30,888 $75,000 $30,888 20 FALSE ALARMS 50 $25 $15 $20 $25 $0 $25 $0 21 RESIDENIIALSPRINKLERINSP. 400 $122 $130 $173 $216 $94 $150 $66 22 HAZ MAT RESPONSES 6 $0 $130 $174 $217 $217 $210 $7 23 COUNTER/TELEPHONE 1 $0 $12,964 $17,285 521,606 $21,606 $0 $21.806 24 MEETINGS & CONFERENCES 1 50 $17,075 $22,767 $26,459 $26,459 $0 $26,459 25 NON FEE ACTIVITY 1 $0 $323,479 $431,306 - $539,132 ` $539,132 $0 $539,132 # Actual fee structure: Existing system - $60. New system - $125. Cq Activity presented on a total program basis. Actual charge is contractor's fee + $140 or 25% of contractor's fee, whichever is greater. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ESTABLISHING A SCHEDULE OF FEES AND CHARGES FOR CERTAIN SERVICES PERFORMED FOR AND OR BY THE CITY OF SAN JACINTO FIRE DEPARTMENT AND THE MITIGATION OF THE IMPACTS OF NEW COMMERCIAL AND INDUSTRIAL DEVELOPMENT ON THE CITY OF SAN JACINTO FIRE DEPARTMENT WHEREAS, the City Council of the City of San Jacinto has adopted a "Fire Protection Ordinance," Ordinance No. 976, establishing a Fire and Safety Inspection Program, setting certain fees and adopting the Uniform Fire Code, 1991 Edition, with certain amendments, the Uniform Fire Code Standards, 1991 Edition, and the National Fire Protection Association Standards 13, 1991 Edition, 13-D, 1991 Edition, and 13-R, 1991 Edition; and WHEREAS, the declared intent of the City Council requires the San Jacinto Fire Department to associate the costs of a specific service with the limited number of persons who most benefit from that service; and WHEREAS, the cost of rendering such services should he borne by the beneficiaries of such service; and WHEREAS, the San Jacinto Fire Department has duly proposed and made available to the City Council and to the public, data indicating the estimated cost of providing such services; and WHEREAS, because new development does and will continue to adversely impact the City's Fire Department, the City Council further finds and determines that unless fees are imposed on new residential and commercial and industrial development within the City to finance the needed facilities and improvements identified by the City, such new development will adversely affect the public health, safety and welfare of the citizens of San Jacinto; and WHEREAS, the Fire Department mitigation fee collected pursuant to this Resolution shall be used to finance the tire facilities, equipment and improvements which are needed as a result of new development; and WHEREAS, a public hearing was been held on January 19th, 1993, concerning the schedule of fees and charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO that it hereby approves the fees and charges for the San Jacinto Fire Department as set forth in Exhibit A, attached hereto and made a part hereof, and that said fees and charges shall be in full force and effect upon the effective date of Ordinance No. 976. MOVED, PASSED and ADOPTED this 19th day of January, 1993. ATTEST: Mayor City Clerk January 79, 1993 Page 1 Fire Department Fees and Charges Resolution - RESOLUTION NO. CERTIFICATE The foregoing is certified to be a true copy of Resolution No. duly adopted by the said City Council of the said City of San Jacinto on the date therein set forth. City Clerk January 19, 1993 Page 2 EXHIBIT A San Jacinto Fire and Life Safety Department Fee and Charges Schedule - 1993-94 The following fees shall he paid to the City of San Jacinto and deposited into the appropriate City fund. The Fire Chief may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. A User Fee Study of all Fire and Life Safety Department functions was accomplished by David M. Griffith and Associates (DMG) in January 1993. This study carefully analyzed the costs of providing services and made several recommendations which have been adopted by this resolution. Several of the fees in this resolution are based on the recommendations of this fee study. Wherever the Fee Study recommendation is ued in this resolution, it is noted. The Fee Study is available for review from the Fire and Life Safety Department. Other Fire Prevention fees are based on the total cost of the Fire Prevention Program and broken down to an hourly rate: Salary and benefits of the Fire Prevention Inspector Secretary (25% of salary and benefits) Engine Company Personnel Fire Department Administration (20%) Miscellaneous Costs (office supplies, printing, etc) Total Cost of the Program (1993-1994) $73,402 9,164 20,000 27,268 10.000 $139,834 San Jacinto Fire Department Fee $139,834 annual cost divided by 1,800 hours per year = S78.00 per hour 1 Miscellaneous Fire Prevention Fees - Per Activity: The following fees were determined by DMG User Fee Study recommendations: Plans Review (flat fee) - A, B, E, H, or I occupancies Site Inspections (where required) Fire Protection System, plan check, and inspection "Hood -duct" system plan check and inspection S150.00 S 120.00 $160.00 + $0.50 per sprinkler head $110.00 January 19, 1993 Page 3 "EXHIBITS" To Fire Related Fees and Charges Resolution Follow-up Inspection for "Non-compliance" $78.00 Water system now test $75.00 Tank installation (plan check, permit, and inspection) - per tank $ 1 00 .0 0 Removal of tank - per tank $120.00 Special inspection (access, clearance, housekeeping, etc) $60.00 Spray Booth (existing sprinkler building) $60.00 Spray Booth (new system) $1 25.00 Fire Alarm System Plan Check: 1-6 Devices 7-21 Devices 22-50 Devices 50 or more Devices $60.00 $75.00 $140.00 $140.00 + $1.00 per device over 50 2. Licensed Care Facility Fire Safety Inspection Fees: The following fees were determined by DMG User Fee Study recommendations: Any Occupancy Which Requires a License From the State including Residential Care facilities, Children Day -Care Facilities, Convalescent Homes, etc. (I Occupancies) Annual Inspections for Licensed Care Facilities 6 or Less Tenants/Occupants S50.00 7 to 49 Tenants/Occupants $ 1 0 0 . 0 0 50 or more Tenants/Occupants $150.00 Inspection for Change in License $50.00 Follow-up Inspection No Fee Non-compliance Inspection Same S as Annual Citation 2X $ Non-compliance 3. Fire Prevention and Safety Inspection Fees: The following fees were determined by Fire Prevention Costs: Retail and Commercial Buildings: January 19, 7993 Page 4 "EXHIBITS" To Fire Related Fees and Charges Resolution (Drinking and dining establishments having an occupant load of less than 50; wholesale and retail stores; office buildings; printing shops; municipal police and fire stations; factories and workshops using materials not highly flammable or combustible; factories and workshops using noncombustible or nonexplosive materials; storage and sales rooms for combustible goods; paint stores without bulk handling; ice plants; power plants; pumping plants; cold storage; gasoline service stations; garages where no repair work is done except exchange of parts and maintenance requiring no open flames, welding, or flammable or combustible materials. (B Occupancies)) Initial and Annual Inspection No Fee Follow-up Inspection No Fee Non -Compliance Inspection Fee: Less than 1,500 Square Feet 1,500 to 2,999 Square Feet 3,000 through 4,999 Square Feet 5,000 or More Square Feet $78.00 $117.00 S156.00 $195.00 Citation Same $ as Non-compliiance Manufacturing and Industrial: (Occupancies storing, handling, using or selling hazardous and highly flammable materials; dry cleaning plants; paint stores with bulk handling; paint shops and spray painting rooms and shops; wood working establishments; planning mills; box factories; buffing rooms for tire rebuilding plants; shops, factories, or warehouses where loose combustible fibers or dust are manufactured, processed, generated or stored; repair garages; semiconductor fabrication facilities and comparable research and development areas. (H Occupancies)) Initial and Annual Inspection Follow-up Inspection No Fee No Fee Non -Compliance Inspection Fee S156.00 Citation S 156.00 Places of Assembly: (The gathering together of 50 or more persons for such purposes as deliberation, education, instruction, worship, entertainment, amusement, in. drinking or dining establishments, or awaiting transportation. (A and E Occupancies)) Initial and Annual Inspections Follow-up Inspection Non -Compliance Inspection Fee: 50 to 100 Occupants 101 to 300 Occupants No Fee No Fee S78.00 $117.00 January 19, 1993 Page 5 "EXHIBITS" To Fire Related Fees and Charges Resolution Over 300 Occupants $156.00 Citation Same $ as Non-compliance Hotels, Motels, Apartments: Initial and Annual Inspection No Fee Follow-up Inspection No Fee Non -Compliance Inspection Fee: $78.00/story Citation $78.00/story Mobile home/RV Park: Initial and Annual Inspection No Fee Follow-up Inspection No Fee Non -Compliance Inspection Fee $78.00 Citation $78.00 4. Uniform Fire Code (UFC) Permit Fees: The following fees were determined by DMG User Fee Study recommendations: General fee for UFC permit if not listed Bon fires or tumbleweed fires Hazardous materials Hazardous material production High piled combustible storage Spraying or dipping operations $50.00 No Fee $75.00 $75.00 $75.00 $75.00 5. Weed Abatement: The following fees were determined by Fire Prevention Costs: General weed abatement fees: 1st Notice No Fee 2nd Notice $78.00 3rd Notice Cost + S156.00 or 25% administrative fee, whichever is more 6. Fire Watch Actual Personnel and Equipment cost January 19, 1993 Page 6 "EXHIBITS" To Fire Related Fees and Charges Resolution 7. Standby Actual Personnel and Equipment cost 8. Fire Company Inspections and Re -inspections No Fee 9. Incident Report copy 10. Inspection Report copy 11. False Alarms $7.50 for 1st 5 pages + $0.25 per page after 5 pages $7.50 for 1st 5 pages + $0.25 per page after 5 pages $98 after 1 in 30 days; after 2 in 90 days; after 3 in 180 days; or, after 4 in one year 12. San Jacinto Fire Prevention Standards 13. Cost Recovery Fees: Equipment Cost Recovery: Charged per minute from time alarm received up to "in quarters" time. 30 minutes minimum charge. Fire engine (at $150 per hour) Squad (at $10) per hour) Staff/Command vehicle (at $75 per hour) S2.50 per minute $1.67 per minute S1.25 per minute Staffing Cost Recovery: Charged per minute from time alarm received up to "in quarters" time. 30 minutes minimum charge. S15.00 Captain $0.4439 per minute Engineer $0.3734 per minute Firefighter $0.3221 per minute Fire Chief $0.8745 per minute Additional Personnel Costs: Company Officer Add 30 minutes for report writing Firelighter and Engineers Add 30 minutes per firefighter for clean up of equipment and apparatus January 19, 1993 Page 7 "EXHIBITS" To Fire Related Fees and Charges Resolution 14. Fire Department Mitigation Fees: Residential S577 per Unit Industrial or Commercial $0.34 per square foot January 19, 1993 Page 8 TO: FROM: City of San Jacinto Staff Report Honorable Mayor and Members of the City Council Ross Chadwick, Fire Chief/Building Official/ via Pamela S. Easter, City Manager DATE: January 19, 1993 SUBJECT: Building and Construction Related Fees and Charges Resolution RECOMMENDATION: Adopt a Resolution which sets the amounts of fees and charges as determined by Ordinance No. 975. BACKGROUND: The City Council introduced Ordinance No. 975 at its January 5th, 1993 meeting. If this Ordinance is adopted at the Council meeting of January 19th, 1993, it will establish and justify certain building related fees and charges. This recommended resolution sets the amounts of those fees and charges. The City adopted the 1988 Uniform Building Code and related codes and standards as Ordinance No. 893 on January 16th, 1990. Ordinance No. 893 also established certain fees and charges and the amounts of those fees. The recommended fees and charges in this resolution have increased somewhat; however, the changes are based on the increased cost of the providing services (using current budgeted costs) since 1990 and the recommendations for various permit fees by the 1991 Uniform Administrative Code (proposed for adoption by Ordinance No. 975). Attached to this report is a comparison of development fees and building related fees of cities in Riverside County in June of 1992. The study was conducted by Riverside County and is called, "Comparative Analysis: Land Use Development Fees of the County of Riverside Compared to the Cities Within County of Riverside and Selected Counties Within California." As you can see, the City of San Jacinto is near the low end of the amount of fees charged for development Page 1 and construction. In addition, many of the cities (including Hemet) in this comparison have already adopted the new codes and established new fees which are in most cases higher. Staff has proposed a new fee which is a "Fire and Life Safety Service Fee." This fee is proposed at 0.10% of valuation and recovers costs for contractor license verification, our new computer permit tracking program and any other equipment needed to more effectively and efficiently meet the needs of developers and contractors. Our new computer system will significantly reduce the amount of the time it takes to issue permits and dramatically improve the tracking process, which in turn will save the building community money. Currently, the City charges a fee of 0.05% of valuation for contractor license verification. Therefore, the proposed increase is 0.05% of valuation. For example, the Fire and Life Safety Service Fee for a house valued at $100,000 would be $100.00, an increase of $50.00 from the current fee for contractor license verification. Exhibit "B" of the resolution, page 14, shows the special funds fees, namely: Water Capital Improvement Fee; Sewer Connection Fee; Public Safety Capital Improvement Fund; Storm Drain Improvements; and the Signalization Fee and Lighting, Landscape, Maintenance District. These fees remain the same as we currently charge. It is important that the City of San Jacinto consider the economic situation in the State of California and the continued plight of developers and builders when we adjust any fees. It was with this in mind that staff carefully weighed the costs of providing services and the need to recover our costs whenever possible. San Jacinto is still significantly below the City of Hemet and Riverside County with these new fees and charges. Page 2 COMPARATIVE ANALYSIS: LAND USE DEVELOPMENT FEES OF THE COUNTY OF RIVERSIDE COMPARED TO THE CITIES WITHIN THE COUNTY OF RIVERSIDE AND SELECTED COUNTIES WITHIN CALIFORNIA PREPARED FOR THE RIVERSIDE COUNTY BOARD OF SUPERVISORS BY THE ADMINISTRATIVE OFFICE OF THE COUNTY OF RIVERSIDE JUNE 25, 1992 Fees for schools, special districts, and other special governments not under the auspices of the County or a city were omitted. The focus of the survey was to compare only those fees charged by general governments for processing land use development projects. The following is a listing of the participants: COUNTIES CITIES RIVERSIDE BEA UMONT IMPERIAL CA LIMESA LOS ANGELES CATHEDRAL CITY ORANGE CORONA SAN BERNARDINO HEMET SAN DIEGO INDIAN WELLS LA QUINTA LAKE ELSINORE MORENO VALLEY PALM DESERT PALM SPRINGS RANCHO MIRAGE RIVERSIDE SAN JACINTO The survey data was translated into total project costs for clarity. Therefore, to obtain an estimated unit cost from the total fee, divide the total project cost by fifty units. 2 INTRODUCTION This report was prepared to provide a comparison of how land use development fees relate in magnitude among local cities within the County of Riverside including the County. A county -to -county comparison was also included for selected counties within Southern California. This report does not purport or intend to imply that the fees shown herein represent the exact cost for any particular project or unit within an individual project. The County of Riverside is unable to attest to the validity or the reliability of the data presented in the "Comparative Analysis," because participating agencies may have applied a unique interpretation to the hypothetical subdivision. In addition, County staff made assumptions which were applied to all agencies that may have affected how the data was presented. Questionnaires were sent to planning and building officials in all twenty-four cities within Riverside County, seeking their participation in the survey, and to the counties within the Southern California Association of Governments (except Ventura) and San Diego County. Just over one-half of the cities (Table 1) responded and the six Southern California counties responded, including Riverside County (Table 2). Also, information on five cities not responding to the current survey was retained from the Fiscal Year 1990-91 survey. While this information is out of date (one year old) it is beneficial to the overall comparison of fees. The survey participation goal of ninety percent was not reached. It is believed that this type of survey is useful in the land use decision -making process when decision makers (elected officials) are considering setting individual fee levels for recovering the cost of a particular service, such as plan checking or case processing, or the mitigation of development. However, ranking the results (Table 3) can be misleading and this information can easily be misinterpreted. The summary listing (Table 4A and 4B) shows the rankings of total fees that should be judged only after considering the variables such as are shown in Exhibits A, B, and C. Difficulty is experienced when conducting surveys of this type. Each agency (city or county) has its individual, independent, and unique methods of calculating and applying development fees. Some of the difficulties experienced with this particular survey were as follows: numerical data was not provided by all respondents for all categories in the questionnaire, several respondents provided statements for calculating a fee based on time and/or materials without providing the necessary factors such as how much time, or sent their regulatory documents such as the Uniform Building Codes and fee schedules for Riverside County staff to interpret. In some instances, varying approaches to completing the survey failed to provide numerical data for computing the "bottom -line'' relationships. Fees for specific purposes that could only be applied to a limited number of circumstances or that applied to a localized area within a jurisdiction were omitted from all computations. For example, the mitigation fees for the Steven's Kangaroo Rat and the Fringe -toed Lizard could only be applied to specific areas of Riverside County where these endangered species reside. The Assembly Bill 3158 processing fees of $25 (payable to the County) and $850 (payable to the State) for Environmental Impact Reports (EIR) and review of environmental documents required by the State Fish and Game Commission, were added to each agency's environmental tabulations. Information was not available regarding the $25 processing fee as it applied to the other counties, therefore, it was omitted from Table 2. It was assumed that the hypothetical case would require an EIR though the questionnaire stated assume a negative declaration, nearly all respondents omitted this response and provided EIR information. METHODOLOGY In an attempt to approximate a ''real world" example, participating agencies were asked to respond to the following scenario. Participants were asked to identify fees for a hypothetical subdivision consisting of fifty (50) single-family detached homes. The request was that the fee amounts reflect fees currently being charged for the 1991-92 Fiscal Year. Recognizing the impossibility of designing a hypothetical subdivision model that would account for all variables for all agencies and probable conditions, the following parameters were developed based on information obtained from Riverside County data sources. Unit information • Single-family detached house with 3 bedrooms and 2 bathrooms Dwelling unit size of 1,670 square feet with a 400 square feet garage • Sales price of $165,000 • Lot size of 7,200 square feet • Subdivision acreage of 10 acres • Subdivision dimensions of 660 feet by 660 feet for sewer and water • Land value of $90,000 • Electrical/mechanical criteria: one gas range, dishwasher, 220 volt dryer, 50 electrical outlets, forced air-conditioning and heating, 7 vents, and 2 appliances Plumbing included 2 tub/shower combinations, and 11 fixtures Strong motion tax (SMIP) based on valuation Site Improvements Grading of 100,000 cubic yards Sanitary sewer of 2,000 linear feet Storm drains of 300 linear feet Street improvements of 4,000 linear feet including one-half perimeter streets Utilities of 2,000 linear feet Water system of 2,000 linear feet An environmental determination was to be made that a negative declaration would be prepared. An assumption was made that the subdivision would include a general plan amendment, a zone change, a tentative tract map, and a review of the site plan. Fee Survey It was requested that fees be provided by the categories as defined, for both a single unit and the entire subdivision. Information was requested on the amount of fee support to the Planning and Building Departments by asking what percentage of each department's operating budget was fee supported. Fee information was to be provided by the below listed categories. An infoi illation section labeled "Other" was provided for each category to collect data that should have been included within the major section divisions, but for which no special sub -category was provided. Map Fees Tentative Tract Map Site Plan Design Review Engineering • Final Map • Improvement Plan Building Fees • Building Permit • Mechanical Permit • Electrical Permit • Plan Check • Grading Permit Impact Fees • Wildlife • Public Facility • Street/Road • Park/Recreation • Flood Control/Drainage • Traffic Mitigation Environmental • Environmental Impact Report • Negative Declaration Environmental Assessment Subdivision • Application General Plan Amendment Zone Change Each jurisdiction may have different meanings in their land development terminology, therefore, the following definitions were used: Impact Fees Wildlife (habitat conservation) - fees collected to protect and preserve wildlife, habitats, and species. 4 Public Facility - fees for capital improvement projects and structures, such as libraries, city halls, police stations, etc. Street/Road - fees to provide for road infrastructure. Park/Recreation - fees to provide local and/or regional parks, open space and/or recreation facility. Flood Control/Drainage - fees to provide flood control infrastructure. Traffic Mitigation - fee to mitigate impacts of traffic (e.g., signals, transportation demand management, and master plan system). Fire - fee to provide for capital facilities and equipment for fire protection. Subdivision Fees Application Fee - fee for initiating subdivision process. General Plan Amendment - fee paid for processing an application to change the general plan land use designation of the project site. Zone Change - fee to process an application to change the zoning of a parcel(s). Tentative Tract Map - fee for processing tentative (initial tract) map application. Site Plan - fee for reviewing the plan on a specific parcel(s). Design Review - fee for evaluating project composition. Engineering Fees Final Map - fee for filing the final map. Improvement Plan - fee for evaluating improvement plans. 5 COMPARISON It should be understood that the use of the information generated from this survey is limited. Developers make development project -siting decisions based on various market factors of which fee levels are but one. This survey focused only on comparing fees within Riverside County. An analysis to determine the absorption rate of the development market was not conducted. Therefore, no attempt was made to determine the impact these tabulations might have on any given market. Due to the absence of a market absorption analysis, the data could not be interpreted to make a detelinination as to whether Riverside Countv's fees are too high or too low relative to the fees of other agencies, or acceptable or unacceptable within a particular development market. A definitive statement about the relationship of Riverside County to the median and extremes in sum totals of the fees cannot be made; since approximately fifty percent of the cities within the County declined to participate in the current survey. Tables 1 and 2 show the numerical data provided by the survey participants. Table 2 provides a good -example of the difficulty with conducting comparison surveys. Data from Imperial and San Bernardino counties show zero totals for either the category of impact fees or engineering fees. Impact fees are not currently assessed by Imperial County; however, it is unlikely that engineering fees are not assessed, yet this information was not submitted. Therefore, the sum of fees shown for these counties is probably artificially low. These respondents were included in the survey to illustrate the extremes in responses and the difficulty with ranking the results. Charts 1 and 2 illustrate the relationships between the survey respondents. Chart 1 illustrates the aggregated amount of fees by agency. The dark vertical line passing through the center of the graph functions as a bench mark to illustrate the relationship of County of Riverside fees to the other agencies shown on the Y (vertical) axis of the graph. Shown on the X (horizontal) axis is the total dollar value in thousands of dollars. Relative to the other agencies, Riverside County with total fees of $377,445 occupies a moderate position slightly above the cities' median of $354,007 and significantly above the counties' median of $283,167. Chart 2 illustrates the relative amounts of fees expressed in percent greater than or less than those of Riverside County. The reasons for these relationships were not explored due to the limited scope of the survey. This study does not explain why agencies in close proximity to one another with similar characteristics would have greatly varying fee amounts and structures. The cities of Indian Wells and Cathedral City are both within the Coachella Valley and both have similar geography and other physical characteristics. The County of Riverside also has development projects within the same valley, however, the disparity is great between the fees of one agency and those another. For the hypothetical case, Cathedral City has the lowest of the three fees shown at $183,165; the Riverside County was next highest at $377,445; and the City of Indian Wells was highest at $405,380. Of the five county respondents, Orange County ranks highest ($847,600) with Riverside County third ($377,445), in total fees for 50 units. However, comparison of fees among counties must be viewed with some caution because a few counties presented incomplete 7 data (refer to the statement above about County data). Engineering fees are often based on a percentage of total construction cost. The hypothetical 50 unit subdivision did not specify a construction cost which may have resulted in fee variances by survey respondents estimating varying construction costs. The comparison of Charts 2, 3, and 4 indicated that the Riverside County development fee levels were within acceptable limits when all participants were considered. Using Chart 3, Plannin De artment o Fe u ort, as the basis for comparison, it was discernible that few agencies attempted to recover total land use planning costs through development fees. The following discussion highlights the comparisons. Chart 4 was introduced to this comparison because building fees are often used to support land use planning activities. However, Riverside County does not use building fees to support land use planning activity. Riverside County's land use planning activity was 98 percent fee supported. The cities of Corona and San Jacinto had a higher fee support with 100 percent. Several cities failed to report this data, therefore, a zero appears in Table 1 where appropriate. However, since these cities collect fees it is reasonable to assume that those fees are used to support the services for which they were collected. Another indication derid from comparing the relationships among Charts 2, 3, and 4 was that most agencies' fee levels were below total recovery costs. The reasoning for the level of fees within some agencies may be based on particular policies that may have little or no relationship to cost recovery. This is illustrated in Table 1 on the lines titled fpsg_Re pDn. The level of fee support ranged from as low as 5 percent to a high of 100 percent for planning functions. Building department fee support ranged from a low of 74 percent to a high of 159 percent. The high of 159 percent indicates that other functions, such a: planning, maybe, are being subsidized by this revenue source. 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U A. `'��'1.g..,uweMM�.. TA HI 2 - COUNTIES LAND DEVELOPMENT FEE SURVEY FISCAL YEAR 1991-92 Per sail lees bared on a laypothctical 50 nail ■bdivinio■ 1 RIVERSIDE IMPERIAL COUNTY LOS ANGEL.ES .....COUNTY... ORANGE COUNTY I SAN BERNARDINO COUNTY SAN DIEOO COUNTY MINIMUM FEE MAXIMUM'. 'FEE CATEGORY COUNTY IMPACT FEI:S:(per nail) Wildlife Public Facility StrceURord Pm k/Rocreatio■ Flood Control/Drainage Traffic Mitigation Pie Other , i 350 1,017 I 400 1,378 5,000 4,428 4,424 163 800 1,260 357 3,058 260 1,949 5,000 350 1,017 ISO 163 3,U58 FEE 260 1,949 5,000 4,428 4,424 150 400 3,058 Total IMPACT FEES on ■ 50 nail ■ ■bdivision: I • I I $0 $68,900 $700,750 $273,750 $0 $700,750 ENVIRONMENTAL:(per 50 waits) Envitosacntal Impact Report • Negative Declaration • Esvronnsenlal Assessment Other • •(AH 3158) 9,146 723 2S ...., 2,500 535 5,000 III ..... 7,800 2,300 1 ,000 5,000 2,500 2,30U 535. 25 9,146 2,300 723 t,000 Total ENVIRONMENTAL. FEES $9,894 $3,035 $5,000$5,000 $1I,100 $5,000 $3,035 $11,]00 SUBDIVISIONS:(per 50 snits) Applications General Plan Amendment Zone Changes Tentative Tract Maps Site Plan Design Review Other 7,251 4,928 13,26$ 3,350 2,000 1,700 1,750 7,54010,500 5,000 5,000 I 3,400 11,775 _. 9,625 973 3,350 2,000 1,700 973 5,000 1,750 3,350 9,625 5,000 13,265 5,000 1,750 Total SUBDIVISIONS FEES $25,444 $8,800 $7,540 $25,500 $]5,175 $10,598 $7 540 $25,500 ENGINEERING:(per 50 snits) Final Map Improv.ents Plants 2,707 43,650 ..,. 4,300 9,700 48,700 `. ....... , .,.. .'. 640 3,000 640 3,000 48,700 43,650 Total ENGINEERING FEES $46 357 $0 $14,000 $48,700 $0 $3,640 $3,640 $92,350 BUILDING FEES(per omit) Building Permit Mechanical Permit EI«trial Permit Plan Check Grading Permit Other 671 82 S9 503 325 149 626 46 70 105 10 101 762 62 98 630 69 248 ... 1,247 106 _ 1,158 8 26 9 . 1,345 713 109 626 46 59 8 10 9 1.345 82 98 713 325 248 Total BUILDING FEES on a 50 unit s■bdiviaion: $89,450 $47,900 $59735 60% $93,45U $18889U 0% $67,650 $847,600 0% $60,050 $108,350 $47,900 $1011,350 TOTAL. FEES oa 50 snits: 3377,445 $116,325 $401338 $59,735 $847,600 PLANNING DEPARTMENT % FEE SUPPORT 98% __ 0% 76% BUILDING DEPARTMENT ` ':FEE SUPPORT 100% 100% 0% 0% 0% 100% MTal rnrr PfTV PV Pc ., C,I ? i Z,'0%4 o ai83 'S4a•L.. �+"++"7<aw� Ti ��4 x'�n4 5tig AI A ja ..,:lur.3 vh : MAN"Y,.. :'+ CXINEORAC SAN I CAGE PA-M ___ AA903` RANLAN6 �COERSm-q `, `056RT 0VALLEY NINE HAM MU LA CITY INDIO BANNING 14EAUMON7, JACINTr�CtN6N3 AjEL31NOtlQ HEMET SPRINGS S,CI47NTTa MIRAGE COUNTY DESERT 90D1AN WELLS VALLEY E BEE FEE Lagati (88706) (80A1) (90/91) ZFS191r (MIN) 'ACT PEES:(Pcr unix) 260 2a 1d81e (cask/Bag R-Ra and Lizard) bloc Pacfty 1,115 300 128 m0 940 601 260 I. L670 2103 2,883 3,100 128 310 oat/Road 100 264 1,194 2,227 2767 525 100 276 1JRacrcalec 1,003 350 1.375 525 946 761 749 123 358 1,017 1,896 '- 1.950 038 1,614 3,902 350 398 5,08 rod Cml0v175644oa80, 83 240 550 855 823 .1,017 800 2,525 405 000 5,083 600 1,218 83 34 Woo MRiptim(mcbodi011UM P) 150 300 150 155 1.50 50 150 650 190 140 50 ISO 464 160 577 254 ;>409 400 400 207 150 Si ler 26 400 315 1.250 (997 23 100 430 3,250 36 3,25 .al INIOCT PEEti 50 m8 rubdiv1a3m: 172550 585,150 541,638 5107,710 529.400 1161280 595,300 127.500 5191,000 341,130 5149,000 5201,000 3204300 394,750 I 530(550 5293.400 3369,150 5333,500 3309,950 3432,000 827,500 543200 e a VIRONMENTAL,(per 50 units) '- vcmmmtal Impact Report • 850 4150 050 2,250 1,350 1350 6,750 11,150 25,150 1,575 5,850 2,638 ; 9146 5,850 6,850 7,710 8,174 21,100 16,250 850 150 23,15 pxlva Den. • 2500 2,500 250 v}mmta1 Aaansecrnt 200 125 385 70 230 500 758 435 550 1,100 276 T27 38 700 663 863 4,400 30 4,40 aer • 25 25 25 23 25 25 25 25 25 25 25 25 ^.15 25 23 25 23 23 25 25 25 AB 3158) roral 10V1R0N3.IOO4TAL FEES 11,075 35.000 31,260 32,345 53,625 11,075 57,525 314,375 525,610 62,150 36,975 32,939 $9.894 55.905 57,575 $8,398 39,012 121.125 120,675 3375 3375 125,6i BD8V 0SIONSpes 50 lacks) T10001890 1850 5,194 1850 $,11 7,2' venal Pim Amendment 450 250 500 1275 2550 4,000 3,340 7,000 918 1,633 3,840 1,972 7,251 500 1,875 6094 4091 5,344 1000 250 5,01 ee Cbaepa 1250 1,250 430 950 1500 3.500 2600 5.000 788 1,710 1,355 1268 4,928 325 1150 3,611 1621 1970 4994 4450 325 06050020act Map 500 2500 1,150 1,858 1700 4000 9300 12,000 1.370 1,565 2290 479 13,265 375 800 11,193 11,313 5,194 7,854 8.125 375 13,24 c Pin 758 3,270 1352 2.500 190 140 230 190 3,27 alp Pin 515 250 2500 800 50 7,500 370 4157 990 50 7.51 ,2( ncr 2200 1244 1724 1010 1,0E3 real SUBDIVISION FEES: 52,280 14,000 32=303 14,175 36,566 SI L300 324710 326300 1.1068 13,710 37,485 36,313 38,444 (1558 313825 121.466 33T,218 354519: 310900 19,015 11,250 5265( , GINEERINO FEES4pc 50 un%a) ad Map 500 1450 1350 1,900 2,750 2,500 4120 3,500 1100 725 3750 338 2,707 500 800 2001 3,250 3600 4,200 1800 338 1,250 42( 60,0' precsoaat Plan 3,100 4715 60,000 3,512 1,250 1,350 40,000 1.600 14,000 9,000 43,650 16.500 4,680 44,132 3960 10,351 33,800 ival ENGINEERING FEES: 53,600 54,365 361350 35,412 54,000 $3,850 544,1m 15,100 317.100 5725 510750 5338 $44357 317,000 35,480 546.140 57,210 33,600 71(551 535.600 1338 161.3' ILDING FEES Ira unit) ildin/Peak 691 716 505 855 876 594 637 064 758 04 057 744 471 433 742 604 867 622 709 695 433 21 0 1. 01060506 Pcmit 66 47 87 40 44 34 53 27 44 55 120 '. 12 31 83 65 47 80 133 97 2 :0dcel Pewit 87 137 131 210 139 85 So 14 74 138 45 '. 59 78 124 91 151 135 113 164 452 45 232 6 n Cbad 451 465 378 757 369 508 414 533 908 516 523 484 503 232 415 453 450 468 709 33 6 3,15 04119 Pooie 15 145 728 24 363 25 2.271 19 28 90 325 1000 15 30 4 45 hes 17 123 68 1850 170 611 101 (647 2,213 ^149 1.778 119 114 286 45 46' aI a1BU1LD1N0 FEES al a 50 sail 0ab65var00e_ 53018 549,j,1} $q $82.650 195,193 594028 569,450 054,5� _ 1135500 501350 1301,850 3131400 57(150 389,450 3280,100 173,950 161003 391450 345350 897,500 174300 365,550 IPAL FEES ON SO VNITS: q 31611f7 1583 165 1202040 S117.669 Ii19z050 1235 575 1253 955 1257155 1269075- 1321-128 1351605 1356,450. 1 3374742 3317 445 3399,005 1405,380 1437,409 5438 MO 1448.290 1467,504 5567.610 5168775 5562.64 ANNING DEPARTMENT 61% 0% 72% 44% 60% 100% 100% 9% 0% 35% 5% m% 98% O% 0% 42% 55% 30% 00% 0% OF PEE UPPORT 38LD6N0 DEPARTMENT 14% 0% iS9% f00% 100% i60% 100% 0% 100% SO% 100% 100% 100% 0% 0% 105% 100% 50% 106% 0% ' FEE SUPPORT (90,91) (90fli) (0021) (90MI) (90r91) O > TOTAL COUNTY FEES -55% -51% -46% -41% -38% -33% -32% -29% -13% -7% -6% -1% NN 6% 7% 14% 16% 17% 73% 49% ...oe....asmN ....1.. .wa...,. MD II Ine0ea S. rw, 0Y1 Merrneben 09en yet net undated by eh0a 100a current surrey. NO. 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 County of Riverside Land Development Fee Survey Fiscal Year 1990-91 Summary of Total Land Development Fees 50-Unit Subdivision CITIES Moreno Valley Riverside Perris Calimesa Temecula Indian Wells Palm Desert Rancho Mirage La Quinta Palm Springs Herne Lake Elsinore Corona San Jacinto Beaumont Banning Indio Cathedral City Blythe 15 DOLLAR AMOUNT OF TOTAL FEES 562,610 462,584 440,290 438,040 437,409 405,380 399,005 374,742 356,410 351,605 327,128 269,075 257,155 253,955 235,575 217,669 202,040 183,165 168,775 Table 4A RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ESTABLISHING A SCHEDULE OF FEES AND CHARGES FOR CERTAIN SERVICES PERFORMED FOR AND OR BY THE CITY OF SAN JACINTO FIRE AND LIFE SAFETY DEPARTMENT IN ACCORDANCE WITH CITY OF SAN JACINTO ORDINANCE NO. 975 WHEREAS, the City Council of the City of San Jacinto has adopted an Ordinance No. 975, establishing certain fees and adopting the Uniform Building Code, 1991 Edition, with certain amendments, the Uniform Administrative Code, 1991 Edition, and certain other Codes known as: The Uniform Housing Code, 1991 Edition as amended by Title 24 of the California Code of Regulations; the Uniform Building Code Standards including all appendices, 1991 Edition as amended by Title 24 of the California Code of Regulations; the Uniform Mechanical Code including all appendices, 1991 Edition as amended by Title 24 of the California Code of Regulations; the Uniform Plumbing Code including all appendices, 1991 Edition as amended by Title 24 of the California Code of Regulations; the National Electrical Code, 1990 Edition as amended by Title 24 of the California Code of Regulations; the Uniform Code for the Abatement of Dangerous Buildings, 1991 Edition; the Uniform Sign Code, 1991 Edition; the Uniform Solar Energy Code, 1991 Edition; and the Uniform Swimming Pool, Spa and Hot Tub Code, 1991 Edition, as amended by Title 24 of the California Code of Regulations, each as published by the International Conference of Building Officials, International Association of Plumbing and Mechanical Officials, International Fire Code Institute or the National Fire Protection Association, with certain amendments, additions, deletions thereto; and WHEREAS, the declared intent of the City Council requires the San Jacinto Fire and Life Safety Department to associate the costs of a specific service with the limited number of persons who most benefit from that service; and WHEREAS, the cost of rendering such services should he borne by the beneficiaries of such service; and WHEREAS, the San Jacinto Fire and Life Safety Department has duly proposed and made available to the City Council and to the public, data indicating the estimated cost of providing such services; and WHEREAS, a public hearing was been held on January 19th, 1993, concerning the schedule of fees and charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO that it hereby approves the fees and charges for the San Jacinto Fire and Life Safety Department as set forth in Exhibits A, B and C attached hereto and made a part hereof, and that said fees and charges shall be in full force and effect upon the effective date of Ordina ce.No. 975. (1,_ January 19, 1993 Page 1 Building Related Fees and Charges Resolution - RESOLUTION NO. MOVED, PASSED and ADOPTED this 19th day of January, 1993. ATTEST: Mayor City Clerk CERTIFICATE The foregoing is certified to be a true copy of Resolution No. duly adopted by the said City Council of the said City of San Jacinto on the date therein set forth. City Clerk January 19, 1993 Page 2 "EXHIBITS" to Building Related Fees and Charges Resolution EXHIBIT "A" All Plan Check Fees required by Ordinance No. 975 are non-refundable. SECTION A. BUILDING PERMIT FEES Value Fee $1.00 to $500.00 $501.00 to $2,000.00 $2,001.00 to $25,000.00 $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $500,001.00 to $1,000,000.00 $1,000,001.00 and up Other Inspections and Fees: 1. Inspections outside of normal business hours (minimum charge - two hours) 2. Reinspection fees (minimum charge one hour 3. Inspections for which no fee is specifically indicated $45.00 per hour (minimum charge - one hour) $25.00 $25.00 for the first $500.00 plus $1.33 for each additional $100.00 or fraction thereof, to and including $2,000.00 $45.00 for the first $2,000.00 plus $9.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 $252.00 for the first $25,000.00 plus $6.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $414.50 for the first $50,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $639.50 for the first $100,000.00 plus $3.50 each additional $1,000.00 or fraction thereof $2,039.50 for the first $500,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $3,539.50 for the first $1,000,000.00 plus $2.00 for each additional $1,000.00 or fraction thereof $67.50 per hour $45.00 per hour 4. Additional plan review required by changes, additions or revisions to approved plans $45.00 per hour (minimum charge - two hours) January 19, 1993 Page 3 "EXHIBITS" to Building Related Fees and Charges Resolution SECTION B. ELECTRICAL PERMIT FEES Permit Issuance For issuing each permit $15.00 For issuing each supplemental permit $4.50 System Fee Schedule (Note: The following do not include permit -issuing fee.) New Buildings The following fees shall include all wiring and electrical equipment in or on each building, or other electrical equipment on the same premises constructed at the same time. For new Multi -family residential buildings (apartments and condominiums) having three or more living units not including the area of garages, carports and other noncommercial automobile storage areas constructed at the same time and all nonresidential buildings same time and all nonresidential buildings except warehouses, per square foot $0 035 For new single- and two-family residential buildings not including the area of garages, carports, and other minor accessory buildings constructed at the same time, per square foot $0.040 Warehouses - per square foot $0.02 For other types of residential occupancies and alterations, additions and modifications to existing residential buildings, use the UNIT FEE SCHEDULE. Private Swimming Pools For new private, residential, in -ground, swimming pools for singe -family and Multi -family occupancies including a complete system of necessary branch circuit wiring, bonding, grounding, underwater lighting, water pumping and other similar electrical equipment directly related to the operation of a swimming pool, each $30.00 For other types of swimming pools, therapeutic whirlpools, spas and alterations to existing swimming pools, use the UNIT FEE SCHEDULE. Carnivals and Circuses Carnivals, circuses, or other traveling shows or exhibitions utilizing transportable -type rides, booths, displays and attractions. For electric generators and electrically driven rides, each $15.00 For mechanically driven rides and walk-through attractions or displays having electric lighting, each $4 50 January 19, 1993 Page 4 "EXHIBITS" to Building Related Fees and Charges Resolution For a system of area and booth lighting, each $4.50 For permanently installed, rides, booths, displays and attractions, use the UNIT FEE SCHEDULE. Temporary Power Service For temporary service power pole pedestal including all pole or pedestal -mounted receptacle outlets and appurtenances, each $15.00 (per pole containing electrical equipment) For a temporary distribution system and temporary lighting and receptacle outlets for construction sites, decorative light, Christmas tree sales lots, firework stands, etc., each $7.50 Unit fee schedule -To be used on other than new buildings and as noted above. (Note: The following do not include permit issuing fee.) Receptacle, Switch and Lighting Outlets For receptacle, switch, lighting or other outlets at which current is used or controlled, except services, feeders and meters. First 20, each $0.75 Additional outlets, each $0.45 Note: For multi -outlet assemblies, each 5 feet or fraction thereof may be considered as one outlet. Lighting Fixtures For lighting fixtures, sockets or other lamp -holding devices First 20, each $0.75 Additional fixtures, each $0.45 For pole or platform -mounted lighting fixtures, each $0.75 For theatrical -type lighting fixtures or assemblies, each $0.75 Residential Appliances For fixed residential appliances or receptacle outlets for same, including wall -mounted electric ovens; counter -mounted cooking tops; electric ranges, self-contained room, console, or through - wall air conditioners; space heaters; food waste grinders; dishwashers; washing machines; water heaters; clothes dryers; or other motor -operated appliances not exceeding one horsepower (HP) in rating, eacheach $3.00 Note: For other types of air conditioners and other motor -driven appliances having larger electrical ratings, see Power Apparatus. Nonresidential Appliances For residential appliances and self-contained factory -wired, nonresidential appliances not exceeding one horsepower (HP), kilowatt (KW), or kilovolt -ampere (KVA), rating including January 19, 1993 Page 5 "EXHIBITS" to Building Related Fees and Charges Resolution medical and dental devices; food, beverage, and ice cream cabinets; illuminated show cases; drinking fountains; vending machines; laundry machines; or other similar types of equipment, each $3.00 Note: For other types of air conditioners and other motor -driven appliances having larger electrical ratings, see Power Apparatus. Power Apparatus For motors, generators, transformers, rectifiers, synchronous converter, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment and other apparatus, as follows: Rating in horsepower (HP), kilowatts (KW), kilovolt -amperes (KVA), or kilovolt - amperes -reactive (KVAR): Up to and including 1, each $3.00 Over 1 and not over 10, each $7.50 Over 10 and not over 50, each $15.00 Over 50 and not over 100, each $30.00 Over 100, each $45.00 Notes: 1. For equipment or appliances having more than one motor, transformer, heater, etc., the sum of the combined ratings may be used. 2. These fees include all switches, circuit breakers, contactors, thermostats, relays and other directly related control equipment. Busways For trolley and plug -in -type busways, each 100 feet or fraction thereof $4.50 Note: An additional fee will be required for lighting fixtures, motors and other appliances that are connected to trolley and plug -in -type busways. No fee is required for portable tools. Signs, Outline Lighting and Marquees For signs, outline lighting systems or marquees supplied from one branch circuit, each $15.00 For additional branch circuits within the same sign, outline lighting system or marquee, each $3.00 Services For services of 600 volts or less and not over 200 amperes in rating, each $18.50 For services of 600 volts or less and over 200 amperes to 1000 amperes in rating, each $37.50 For services over 600 volts or over 1000 amperes in rating, each $75.00 January 19, 1993 Page 6 "EXHIBITS" to Building Related Fees and Charges Resolution Miscellaneous Apparatus, Conduits and Conductors For electrical apparatus, conduits and conductors for which a permit is required but for which no fee is herein set forth $11.00 Note: This fee is not applicable when a fee is paid for one or more services, outlets, fixtures, appliances, power apparatus, busways, signs or other equipment. Other Inspections and Fees: 1. Inspections outside of normal business hours $67.50 per hour (minimum charge - two hours) 2. Reinspection fees $45.00 per hour (minimum charge - one hour) 3. Inspections for which no fee is specifically indicated $45.00 per hour (minimum charge - one hour) 4. Additional plan review required by changes, additions or revisions to approved plans $45.00 per hour (minimum charge - one hour) SECTION C. MECHANICAL PERMITS FEES Permit Issuance I. For the issuance of each permit $15.00 2. For issuing each supplemental permit $4.50 Unit Fee Schedule 1. For the installation or relocation of each forced -air or gravity -type furnace or burner, including ducts and vents attached to such appliance, up to and including 1000,000 Btu/h $9.00 2. For the installation or relocation of each forced -air or gravity -type furnace or burner, including ducts and vents attached to such appliance over 100,000 Btu/h $11.00 3. For the installation or relocation of each floor furnace, including vent $9.00 4. For the installation or relocation of each suspended heater, recessed wall heater or floor - mounted unit heater $9.00 5. For the installation, relocation or replacement of each appliance vent installed and not included in an appliance permit $4.50 6. For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit. or each heating, cooling, absorption, or evaporative cooling system, including installation of controls regulated by this code $9.00 January 19, 1993 Page 7 "EXHIBITS" to Building Related Fees and Charges Resolution 7. For the installation or relocation of each boiler or compressor to and including three horsepower, or each absorption system to and including 100,000 Btu/h $9.00 8. For the installation or relocation of each boiler or compressor over three horsepower to and including 15 horsepower, or each absorption system over 100,000 Btu/h and including 500,000 Btu/h $16.50 9. For the installation or relocation of each boiler or compressor over 15 horsepower to and including 30 horsepower, or each absorption system over 500,000 Btu/h to and including 1,000,000 Btu/h $22.50 10. For the installation or relocation of each boiler or compressor over 30 horsepower to and including 50 horsepower, or for each absorption system over 1,000,000 Btu/h to and including 1,750,000 Btu/h $33.50 11. For the installation or relocation of each boiler or refrigeration compressor over 50 horsepower, or each absorption system over 1,750,000 Btu/h $56.00 12. For each air -handling unit to and including 10,000 cubic feet per minute, including ducts attached $6.50 Note: This fee shall not apply to an air -handling unit which is a portion of a factory - assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in this code. 13. For each air -handling unit over 10,000 cfm $11.00 14. For each evaporative cooler other than portable type $6.50 15. For each ventilation fan connected to a single duct $4.50 16. For each ventilation system which is not a portion of any heating or air-conditioning system authorized by a permit $6.50 17. For the installation of each hood which is served by mechanical exhaust, including the ducts for such hood $6.50 18. For the installation or relocation of each domestic -type incinerator $11.00 19. For the installation or relocation of each commercial or industrial -type incinerator $45.00 20. For each appliance or piece of equipment regulated by this code but not classed in other appliance categories, or for which no other fee is listed in this code $6.50 Other Inspections and Fees: 1. Inspections outside (minimum charge 2. Reinspection fees (minimum charge of normal business hours $67.50 per hour - two hours) $45.00 per hour - one hour) January 19, 1993 Page 8 "EXHIBITS" to Building Related Fees and Charges Resolution 3. Inspections for which no fee is specifically indicated $45.00 per hour (minimum charge - one hour) 4. Additional plan review required by changes, additions or revisions to approved plans $45.00 per hour (minimum charge - one hour) SECTION D. PLUMB NG PERMIT FEES Permit Issuance 1. For the issuance of each permit $15.00 2. For issuing each supplemental permit $4.50 Unit Fee Schedule (in addition to 1 or 2 above) 1. For each plumbing fixture or trap or set of fixture on one trap (including water, drainage piping, and backflow protection therefor) $6.00 2. For each building sewer and each trailer park sewer $15.00 3. Rainwater systems - per drain (inside building) $6.00 4. For each cesspool (where permitted) $22.50 5. For each private sewage disposal system $45.00 6. For each water heater and/or vent $7.50 7. For each industrial waste pretreatment interceptor including its trap and vent, excepting kitchen -type grease interceptors functioning as fixture traps $12.00 8. For installation, alteration, or repair of water piping and/or water -treating equipment, each $3.00 9. For repair or alteration of drainage or vent piping, each fixture $3.00 10. For each lawn sprinkler system on any one meter, including backflow protection devices therefor $9.0 0 11. For atmospheric -type vacuum breakers not included in Item 2: 1 to 5 $7.50 over 5, each $1.50 12. For each backflow protective device other than atmospheric -type vacuum breaker: 2 inches and smaller $7.50 January 19, 1993 Page 9 "EXHIBITS" to Building Related Fees and Charges Resolution over 2 inches $15.00 13. For each gas piping system of one to four outlets $3.00 14. For each gas piping system of five or more outlets, per outlet $0.75 Other Inspections and Fees: 1. Inspections outside of normal business hours $67.50 per hour (minimum charge - two hours) 2. Reinspection fees $45.00 per hour (minimum charge - one hour) 3. Inspections for which no fee is specifically indicated $45.00 per hour (minimum charge - one hour) 4. Additional plan review required by changes, additions or revisions to approved plans $45.00 per hour (minimum charge - one hour) SECTION E. ELEVATOR PERMIT FEES New Installation: Passenger or freight elevator, escalator, moving walk: Up to and including $40,000 of valuation $55.00 Over $40,000.00 of valuation $55.00 plus $1.00 for each $1,000 or fraction thereof over $40,000.00 Dumbwaiter or private residence elevator: Up to and including $10,000 of valuation $15.00 Over $10,000 of valuation - $15.00 plus $1.00 for each $1,000 or fraction thereof over $10,000 Major Alterations: Fees for major alterations shall be as set forth in Exhibit "A" above. Installation fees include charges for the first year's annual inspection fee and charges for electrical equipment on the conveyance side of the disconnect switch. SECTION F. ELEVATOR ANNUAL CERTIFICATES OF INSPECTION FEES For each elevator $25.00 For each escalator or moving walk $15.00 January 19, 1993 Page 10 "EXHIBITS" to Building Related Fees and Charges Resolution For each commercial dumbwaiter $10.00 (Each escalator or moving walk unit powered by one motor shall he considered as a separate escalator or moving walk.) SECTION G. GRADING PLAN REVIEW FEES Grading plan review 35% of permit fee. Other fees: Additional plan review required by changes, additions or revisions to approved plans $45.00 per hour (minimum charge - one hour) SECTION H. GRADING PERMIT FEES 50 cubic yards or less $25.00 51 to 100 cubic yards $37.60 101 to 1,000 cubic yards $37.60 for the first 100 cubic yards plus $17.50 for each additional 100 cubic yards or fraction thereof. 1,001 to 10,000 cubic yards $195.10 for the first 1,000 cubic yards, plus 17.50 for each additional 1,000 cubic yards or fraction thereof. 10,001 to 100,000 cubic yards $330.65 for the first 10,000 cubic yards, plus $67.60 for each additional 10,000 cubic yards or fraction thereof. 100,001 cubic yards or more $939.35 for the first 100,000 cubic yards, plus $37.50 for each additional 10,000 cubic yard or fraction thereof. Other Inspections and Fees: Inspections outside of normal business hours $67.50 per hour (minimum charge - two hours) 2. Reinspection fees $45.00 per hour (minimum charge - one hour) 3. Inspections for which no fee is specifically indicated $45.00 per hour (minimum charge - one hour) 4. Additional plan review required by changes, additions or revisions to approved plans $45.00 per hour (minimum charge - one hour) SECTION I. OTHER PERMIT FEES Mobilehome lot preparation $54.00 Mobilehome set-up inspection January 19, 1993 Page 11 "EXHIBITS" to Building Related Fees and Charges Resolution 1 Pier set-up only $180.00 2. Mobile home awnings $30.00 3 Mobile home patio room $95.00 4. Mobile home Porch deck $30.00 5. Mobile home issuance fee $20.00 6. Mobile home State of California MCD fee $30.00 SECTION J. MISCELLANEOUS FEES Permit transfer $15.00 Storage 0.02% of valuation for all projects plus $5.00 per sheet for all plans required to be retained indefinitely by state law. Fire and Life Safety Service Fee 0.10% of valuation for Fire and Life Safety equipment, contractor license verification, and computer permit tracking program. Energy Conservation Review Fee 15% of the building permit fee. Fence Permits $15.00 per lot (up to 300 lineal feet of length. Otherwise $25.00 per lot.) Wall Permits $15.00 minimum, permit based on valuation in accordance with Section A above. Value calculated at $5.00 per square foot of wall. Pools and Spas Fee based on value in accordance with Section A above. Valuation rate is $1.00 per gallon. Plan check equals 50% of permit fee. Separate electrical, mechanical and plumbing permits are required. Landscape and Irrigation Plan/Plan Checking Fee Before accepting a set of plans and specifications for checking, the Fire and Life Safety Department shall collect a plan checking fee. PLAN CHECK FEES $15.00 per lot Landscaping Permit Fees January 19, 1993 Page 12 "EXHIBITS" to Building Related Fees and Charges Resolution A fee for each landscaping permit shall be paid to the Fire and Life Safety Department. LANDSCAPING PERMIT FEES $15.00 per lot January 19, 1993 Page 13 "EXHIBITS" to Building Related Fees and Charges Resolution EXHIBIT "B" FEES REQUIRED BY CITY OF SAN JACINTO ORDINANCE NO. 975, SECTIONS 4 AND 7. A. WATER CAPITAL IMPROVEMENT FEE: $250.00 per residential unit or 15 plumbing fixture units for commercial and industrial development. B. SEWER CONNECTION FEE: $200.00 per unit. C. PUBLIC SAFETY CAPITAL IMPROVEMENT FUND: 1. Capital Structures. $50.00 per residential Unit or $0.01 per square foot of lot area lot being developed for industrial or commercial uses. 2. Capital Equipment. $10.00 per residential unit or $0.01 per square foot of lot being developed for commercial and industrial purposes. D. STORM DRAIN IMPROVEMENTS. Area 1: $5,990.00 per acre. Area 2: $4,975.00 per acre. E. SIGNALIZATION FEE: For the purpose of mitigating the impacts of new growth on City intersections. The funds so collected shall be set aside to install, upgrade and/or maintain traffic signals throughout the City. 1. Single family attached or detached $150.00/unit 2. Multiple Family $100.00/unit 3. All other $2,700.00/acre F. LIGHTING, LANDSCAPE, MAINTENANCE DISTRICT (light districts only): $1.00 per lineal feet of public street frontage in existence prior to development. January 19, 1993 Page 14 "EXHIBITS" to Building Related Fees and Charges Resolution "EXHIBIT C" PUBLIC WORKS FEES AND WHEN IMPROVEMENTS ARE NEEDED Inspection Fees Permit Fee 1. Residential Driveway $15.00 2. Commercial Driveway $15.00 3 Excavation Permit $15.00 within unpaved section of City right-of-way 4. Excavation permit $15.00 within paved section of City right-of-way 5. Encroachment on or over a City right-of-way without excavation 6. Curbs and Gutters 7. Sidewalks Utility Service Connections involving open cuts across streets 9. Utility Service Connections with no open cut 10. Pot hole Permit 11. Paving 12. Miscellaneous 13. Core Drill of Curb $15.00 $15.00 $15.00 $15.00 $15.00 $15.00 $15.00 $15.00 $15.00 Inspection Fee $25.00 $25.00 $25/250 ft. $25/150 ft. $25.00/encroachment 2 1/2% of estimate $25.00 minimum 2 1/2% of estimate $25.00 minimum $40.00 each crossing $25.00 each crossing 25.00 each 2 1/2% of estimate 25.00 minimum 2 1/2% of estimate 25.00 minimum $25.00 per lot January 19, 1993 Page 15 "EXHIBITS" to Building Related Fees and Charges Resolution Other Fees 1. Subdivisions Plan Check 2 1/2% of preliminary engineers estimate Inspection 2% of final engineers estimate plus additional fees for signs, painting, street trees, etc. 2. Street Trees $250.00 each 3. Signs $175.00 each 4. Curb paint $3.00/ft. minimum 75.00 5. Fire Hydrant & Blue Dot $50.00 per hydrant/200.00 minimum Note: For non -subdivision improvements, 1% of the 2 1/2% fee shall be submitted as a plan check fee with the submission of plans. January 19, 1993 Page 16 STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Les Evans, Director of Public Works DATE: January 19, 1993 SUBJECT: ADOPTION OF PARKWAY MASTER PLAN Recommendation: Approve and adopt the Parkway Master Plan prepared by Kammeyer and Associates dated October 6, 1992 with revisions on October 29, 1992 and December 2, 1992. Background and Analysis: On November 5, 1991, the City entered into contract with Kammeyer and Associates for the preparation of Parkway Master Plans. The City has a policy of requiring landscaped parkways and street medians along its arterial streets. As development occurs, each developer submits a plan for landscaping which may or may not be consistent with adjacent landscaping or any other criteria. Therefore, a Parkway Master Plan has been prepared to: 1. Provide a guideline for developers. 2. Ensure that there is a plan that will create the settings which the community desires. 3. Ensure that plantings will produce streetscapes that are both lush and colorful. 4. Ensure that State guidelines for waterwise landscaping are met In preparation of the Master Plan, the City Council participated in two workshop sessions. The first session in February, 1992 included a slide presentation of various alternatives and invited the Council to complete a questionnaire (attached). The consultant incorporated the City Council's feedback into a draft Master Plan and presented it to the City Council in a second workshop session in October, 1992. As a result of the October workshop and feedback from the Planning staff, a final Master Plan is ready for adoption. Page Two January 19, 1993 Each member of the previous City Council received a Master Plan in a loose-leaf notebook. The attached revisions to the October 6, 1992 Plan should be placed in the notebook. If the new Councilmembers have not received a copy of the Master Plan notebook, as part of their orientation materials, please contact Les for a copy. attachment TO: FROM: DATE: SUBJECT: STAFF REPORT Honorable Mayor and Members of the City Council Brian McNabb, Director of Community Development via Pamela S. Easter, City Manager January 19, 1993 Budget Allocations and Fee Waivers for Social Service Agencies and Non - Profit Organizations RECOMMENDATION Staff recommends that the City Council adopt the attached Resolution thereby establishing Council policy for budget allocations and/or fee waivers for social service agencies and non-profit organizations. BACKGROUND This item is continued from January 5, 1993, at the direction of the City Council. The Council considered four resolutions relating to fee waivers. The Staff recommended no fee waiver under any circumstance. Also provided were three alternatives proposing varying amounts of budget allocations. The Council determined that the Staff recommendation was too restrictive, and directed Staff to provide the mechanism to allow some form of fee waiver. Staff is proposing that fee waivers be restricted to specific types of tax-exempt organizations, those with a 501(c)(3) and 501(k) tax-exempt status. These organizations include religious, educational, charitable, amateur sports, prevention of cruelty to children and/or animals, and child care providers. Staff is proposing detailed criteria for determining the amount of any fee waiver for these eligible agencies. The proposed criteria was established in part by and still utilized by the Hemet/San Jacinto United Way for determining the amount of United Way assistance. The proposed criteria is as follows: 1. Agency must be an incorporated, non-profit 501(c)(3) or 501(k) tax exempt organization. 2. The agency must provide documentation of the extent of its assistance to City residents or businesses. 3. The agency must demonstrate an active volunteer leadership that represents the diverse elements of the population. 4. The agency must demonstrate sound financial and program management. 5. The agency must provide documentation as to the need for assistance. City Council Staff Report January 19, 1993 Page No. 2 Staff will prepare the appropriate forms for eligible agencies to complete to determine how much, if any, assistance should be provided. Additionally, the fee waiver should take the form of donation of Staff time, that is Staff time for review of applications and plan checking for entitlement requests. Costs for supplies such as office supplies, road closure barricades and postage should not be waived and should be reimbursed to the City. Any other requested assistance should come from funds set aside in the annual budget for such purposes. Also, Staff is recommending that fee waivers not be granted for construction projects, as generally a detailed construction budget would have been prepared and should have included payment of City fees. Attachment: Resolution RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, DETERMINING THAT BUDGET ALLOCATIONS AND FEE WAIVERS MAY BE GRANTED TO SOCIAL SERVICE AGENCIES AND NON- PROFIT ORGANIZATIONS WHEREAS, the City of San Jacinto recognizes the difficulty of social service agencies and non-profit organizations to raise funds for operations and maintenance; WHEREAS, the City of San Jacinto feels assistance for social service agencies and non-profit organizations is warranted; WHEREAS, the waiver of City fees for social service agencies and non-profit organizations is the appropriate process for the City to provide assistance to such agencies and organizations; NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows Staff to determine the amount of fees to be waived for social service agencies and non-profit organizations based upon the following criteria: 1. Agency must be an incorporated, non-profit 501(c)(3) or 501(k) tax exempt organization. 2. The agency must complete the appropriate forms for consideration and submit the following information: A. Documentation of the extent of its assistance to City residents or businesses. B. Roster of Directors which demonstrates an active volunteer leadership that represents the diverse elements of the population. C. Documentation to demonstrate sound financial and program management. D. Documentation as to the need for assistance. E. The previous three years financial statements. BE IT FURTHER RESOLVED, that the fees to be waived shall only consist of the value of the Staff time related to the request, including any requests for construction entitlement. BE IT FURTHER RESOLVED, that fee waivers not be granted for construction projects, as generally a detailed construction budget would have been prepared and should have included payment of City fees. BE IT FURTHER RESOLVED, that any other assistance shall be appropriated from funds set aside in the annual budget for such purposes. BE IT FINALLY RESOLVED, the Staff recommendation shall be forwarded to the City Council for ratification. Passed and adopted by the City Council of the City of San Jacinto at a regular meeting thereof held on the 19th day of January, 1993, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Deputy City Clerk Mayor CERTIFICATE The foregoing is certified to be a true copy of Resolution No. duly adopted by the said City Council of the City of San Jacinto on the date set forth therein. Deputy City Clerk TO: FROM: DATE: SUBJECT: STAFF REPORT Honorable Mayor and members of the City Council Dave Anderson, Assistant to the City Manager Via Pamela S. Easter, City Manager January 19, 1993 19th Year CDBG Calendar and CDBG 'Theme" Recommendation: Review 19th Year CDBG Calendar, and receive information related to selection of a CDBG "theme" at the CDBG Public Hearing on February 2, 1993. Background: 19th Year CDBG 'Theme" The Community Block Grant (CDBG) program is a Federal program designed to fund projects that will assist low and moderate income persons in each city. Funds are allocated based upon the city's population. These funds are tightly regulated, and have a very specific set of eligibility criteria. The City anticipates receiving approximately $98,000 in 19th Year CDBG funds. Eighty- five percent (85%) of the funds,($84,300) are required to be spent on general public facilities and programs, with fifteen percent (15%) ($14,700) allowed for public service projects. The City usually receives much more in requests for the public service portion of the funds than can be accommodated. The City Council, last year, expressed a desire for a consistent procedure for making these decisions. The procedure that emerged, was to select a single "theme" or emphasis from all eligible CDBG categories. This gave potential applicants an indication of the City's direction, and the likelihood of receiving CDBG funds. It also provided the City Council with specific criteria with which to evaluate funding requests. Eligible CDBG funding categories for public service funds are as follows: * Child care * Health care * Job training * Recreation programs * Education programs * Public safety services * Fair housing activities * Services for senior citizens * Services for homeless persons * Drug abuse counseling and treatment * Energy conservation counseling and testing Last year, the City Council selected the theme "Basic Needs", declaring eligible for funding those requests that provided housing, food or clothing to needy persons. As such, it combined several CDBG eligibility categories. On February 2, 1993, the City Council will hold a public hearing to accept public input concerning how the City's 19th Year CDBG funds should be allocated. At the conclusion of the public hearing, City staff will request that the City Council choose a emphasis or theme. This will provide the City and Community Council Subcommittee with criteria upon which it can base its funding recommendations. No action is required at tonights meeting. 19th Year CDBG Calendar A 19th Year CDBG Calendar is attached for your review. Upon inspection, it is evident that it is a long and involved process. It should be pointed out that subrecipients may not receive funds from the City as a result of this process until April of 1994! Jan 19, 1993 Jan 22, 1993 Feb 2, 1993 Feb 16, 1993 Feb 17, 1993 Feb 19, 1993 Feb 19, 1993 Feb 24, 1993 Mar 2, 1993 Mar 13, 1993 May 1993 Jun 1993 Jun 1993 Jun 1993 Jun Jul Aug Nov Dec 1993 1993 1993 1993 1993 Jan 1994 Feb 1994 Feb 1994 Apr 1994 Apr 1994 Apr 1994 May Jul Jan 1994 1994 1995 19TH A CDBG PROG CALENDAR Publish CDBG Calendar Publish Public Hearing Notice for 2/2/93 City Council Meeting CDBG Public Hearing - Application distribution begins, Selection of Public Service Project "Theme" Applications due back to the City Eligibility screening - staff City and Community Council Subcommittee review of project applications Publish Public Hearing Notice for 3/2/93 City Council Meeting Staff report due with recommendations Second Public Hearing - Selection of 19th year CDBG Projects City CDBG Application packet due to County County CDBG Hearing County CDBG approval of 19th year projected use of funds (Final Statement) County submits "Final Statement' to US Department of Housing and Urban Development (HUD) City receives notification by County Economic Development Agency (EDA) of preliminary approvals, and a request to complete environmental assessments City submits Environmental notices to County for posting Environmental Review period Environmental review process completed County -City contract submitted to City Council for approval County -City contract signed by County Board of Supervisors City sends out subrecipient agreements for approval Subrecipient agreements submitted to City Council for consideration City submits signed subrecipient agreements to County Riverside County sends the City an "Authorization to incur cost letter for 19th Year CDBG Projects" City notifies subrecipients that they may incur project related costs retroactively to July 1, 1993 Subrecipients submit reimbursement requests to City. City issues check City submits reimbursement request to County County issues check to City City and subrecipients respond to County Subrecipient Monitoring Questionnaire.