HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 5/19/1992AGENDA
SAN JACINTO CITY COUNCIL
AND THE CITY COUNCIL SITTING AS THE
REDEVELOPMENT AGENCY AND
INDUSTRIAL DEVELOPMENT AUTHORITY
DATE: May 19, 1992
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
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 he 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 May 5, 1992
RECOMMENDATION: Approve the Minutes of the Regular Meeting of
May 5, 1992 as presented.
5.2 Warrant Register
RECOMMENDATION: Approve Warrant No. 28566 through 28713 dated
May 15, 1992 in the amount of $558,467.28 and payroll check numbers
19815 through 19909 in the amount of $90,526.84 dated May 8, 1992.
5.3 Public Records Policy
RECOMMENDATION: Adopt Resolution No.
records policy.
RESOLUTION NO.
approving the public
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, ESTABLISHING A PUBLIC RECORDS POLICY
5.4 Investment Policy
RECOMMENDATION: Adopt Resolution No. identifying the City of San
Jacinto investment policy.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO
IDENTIFYING VARIOUS POLICIES AND PROCEDURES TO ENSURE A
PRUDENT AND SYSTEMATIC INVESTMENT POLICY AND TO ORGANIZE AND
FORMALIZE INVESTMENT -RELATED ACTIVITIES.
F-04 5.5 Street Name Change - Artesian St. to Artesia St.
RECOMMENDATION: Adopt Resolution No. authorizing the name
change of Artesian St. to Artesia St.
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN JACINTO CHANGING THE NAME OF
ARTESIAN STREET TO ARTESIA STREET.
5.6 Final Map Tract 22900-2 - (LNC Properties Ltd. No. 23)
Location: West of Meridian St., South of Washington Ave.
RECOMMENDATION: Approve Final Map and authorize the Mayor to
execute the subdivision agreement and sign the map for recordation.
2
5.7 final Map Tract 21943 - (Soboba Springs Specific Plan - Village I )
Location: North side of Lake Park Dr. , east of the San Jacinto River
RECOMMENDATION: Approve Final Map and authorize the Mayor to
execute the subdivision agreement and sign the map for recordation.
5.8 Notice of Completion - California Asphalt & Grading Inc. (Police Dept.
Parkine Lot)
RECOMMENDATION: Accept the Police Parking Lot Paving Project and
authorize recording a Notice of Completion and approve a change order in the
amount of $1,561.00.
5.9 Notice of Completion - AMPCO Electric ( Pedestrian Signal Project at
Esplanade and Commonwealth)
RECOMMENDATION: Accept the Pedestrian Signal Project and authorize
the recording of a Notice of Completion.
END OF CONSENT CALENDAR
Motion by: Seconded by: to approve consent calendar items 5.1
through 5.9 and adopt Resolution No. through Resolution No.
6.0 PUBLIC HEARINGS
6.1 Extraordinary Responses to Disturbances Ordinance
RECOMMENDATION: Introduce, (First Reading) Ordinance No. and
waive the reading in full, and read by title on.y.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN JACINTO, ESTABLISHING RECOVERY
OF COSTS FOR EXTRAORDINARY RESPONSES TO DISTURBANCE CALLS.
6.2 Public Parks Ordinance
RECOMMENDATION: Introduce, (First Reading) Ordinance No. and
waive the reading in full, and read by title only.
ORDINANCE NO. �� S
AN ORDINANCE OF THE CITY OF SAN JACINTO ESTABLISHING A NEW
CHAPTER 9.25 OF TITLE 9 OF THE SAN JACINTO MUNICIPAL CODE
RELATING TO PUBLIC PARKS
3
6.3 Animal Control Ordinance - Kozma
RECOMMENDATION: Introduce, (First Reading) Ordinance No. and
waive the reading in full, and read by title only.
ORDINANCE NO.
AN ORDINANCE REGULATING THE OWNERSHIP, LICENSING, VACCINATION,
CONTROL, IMPOUNDMENT, RETURN TO OWNER, ADOPTION, EUTHANASIA,
AND DISPOSAL OF ANIMALS, FOWL, AND OTHER NON -HUMAN SPECIES
WITHIN THE CITY OF SAN JACINTO
6.4 Community Beautification Ordinance
RECOMMENDATION: Introduce, (First Reading) Ordinance No. and
waive the reading in full, and read by title only.
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. 875
RELATING TO COMMUNITY BEAUTIFICATION
6.5 Zoning Ordinance amendment 2-91 relating to fencing regulations
RECOMMENDATION: Introduce, (First Reading) Ordinance No. and
waive the reading in full, and read by title only.
ORDINANCE NO. S
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA APPROVING ZONING ORDINANCE AMENDMENT 2-91,
AMENDING ORDINANCE 877, SECTION 4.1.4 AND SECTION 4.2.4 RELATED TO
PERMITTED MATERIALS FOR RESIDENTIAL SIDE YARD FENCING
6.6 Zoning Ordinance Amendment 1-92 - ( Amending Articles 4.5,6, and 7 of
Ordinance 340, related to domestic animals allowed as pets in the Residential
Zones.)
RECOMMENDATION: Introduce, (First Reading) Ordinance No. and
waive the reading in full, and read by title only.
4
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT 1-92,
AMENDING ORDINANCE 340, ARTICLES 4,5,6, AND 7 RELATED TO DOMESTIC
ANIMALS ALLOWED AS PETS IN THE RESIDENTIAL ZONES
7.0 CITY DEPARTMENTS
7.1 Foi illation of City -Wide Lighting Landscaping and Park Maintenance District
RECOMMENDATION:
1. Adopt Resolution No. Granting Preliminary Approval of Engineers
Report for Formation of Landscaping, Lighting and Park District No. 1
2. Adopt Resolution No. Declaring the Intention of the City Council
to set the matter for Public Hearing on June 16, 1992.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, COUNTY OF RIVERSIDE, OF PRELIMINARY APPROVAL OF
ENGINEER'S REPORT FOR FORMATION OF LANDSCAPING AND LIGHTING
AND PARK DISTRICT NO. 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
COUNTY OF RIVERSIDE, CALIFORNIA, DECLARING ITS INTENTION TO
ORDER THE FORMATION OF LANDSCAPING, LIGHTING AND PARK DISTRICT
NO. 1, AN ASSESSMENT DISTRICT; DECLARING THE WORK TO BE MORE
THAN LOCAL OR ORDINARY PUBLIC BENEFIT; SPECIFYING THE EXTERIOR
BOUNDARIES OF THE AREA TO BE DISTRICT NO. 1 AND TO BE ASSESSED
THE COST AND EXPENSE THEREOF; DETERMINING THAT THESE
PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND
LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING
OBJECTIONS THERETO
5
8.0 MAYOR/ COUNCIL MEMBER REPORTS/DISCUSSIONS
9.0 CLOSED SESSION
10.0 ADJOURNMENT
Motion by: Seconded by: Action: to adjourn. Vote:
I, Maurice Armster, do hereby certify that I caused to be posted the foregoing agenda this
15th day of May, 1992, as required by law.
Maurice Armster, City Clerk
Dep
ty City Clerk
6
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Laurie Mora, Deputy City Clerk
DATE: May 19, 1992
SUBJECT: Minutes of Regular Meeting May 5, 1992
RECOMMENDATION: Approve the minutes of the Regular meeting of May 5, 1992, as
presented.
DATE:
MEMORANDUM
May 19, 1992
TO: Brian McNabb, Community Development Director
FROM: Pamela L. Lee, Deputy City Clerk
SUBJECT: Types of Called Meetings
I would like to take this opportunity to clarify the use of the different types of meetings.
The purpose of adjourned meetings is more appropriately for the holding over of matters
from a previous agenda, which for one reason or another could not be completed. For
example, if the meeting ran too long and everyone was in agreement to adjourn and resume
the next evening, we would then adjourn the meeting to the following evening, and in no
case can we adjourn to a time past the next regular meeting. Adjourning a meeting requires
a notice be posted within 24 hours of the adjournment on the meeting room doors, stating
the specific issues to be discussed at the adjourned meeting.
Then there are times when we wish to continue a specific item, perhaps a change of zone
public hearing to several meetings away. We simply continue the matter to a date and time
specific, and again post a notice within 24 hours on the meeting room door. This eliminates
the need to re -advertise.
Special meetings may be called at any time with a 24 hour notice. Certainly we make every
effort to treat them the same as a regular meeting and post the agenda as timely as we do
regular meetings. Using the special meetings means we do not need to worry about notices
of adjournment and we follow the same generally accepted process as a regular meeting.
It is our intent to treat the joint meeting of the City Council and the Planning Commission
as a special meeting because we are not adjourning a joint meeting of the two bodies. If
however, the two bodies do not complete their discussion of the issues agcndized, we could
then adjourn to another time to finish and we would then have an adjourned joint meeting.
I hope this clarifies the matter. Thank you.
MINUTES
SAN JACINTO CITY COUNCIL
AND THE CITY COUNCIL SITTING AS THE
REDEVELOPMENT AGENCY AND
INDUSTRIAL DEVELOPMENT AUTHORITY
MAY 5, 1992
1.0 CALL TO ORDER
The Regular Meeting of the San Jacinto City Council was called to order by Mayor
Boykin at 7:30 P.M. at the Community Center, 625 South Pico, San Jacinto, California
Present: Councilmembers Ford, Leahy, Richards and Mayor Boykin
Absent: Councilmember Hafliger
A Moment of Silence was observed for Reflection
The Pledge of Allegiance was led by Mayor Boykin
2.0 REDEVELOPMENT AGENCY
At 7:32 p.m. the City Council convened as the Redevelopment Agency.
A MOTION was made by Agencymember Leahy, seconded by Agencymember
Richards to move Consent Calendar item 5.5 for action by the Redevelopment
Agency.
2.1 Citywide Housing Implementation Program - GRC Copenhaver (Consent 5.5)
A MOTION was made by Agencymember Leahy, seconded by Agencymember
Richards to approve proposal of GRC Copenhaver and execute an agreement
in the amount of $13,000 for the preparation of a Housing Implementation
Program. Motion carried on a 4-0 vote with Agencymember Hafliger absent.
At 7:35 p.m. the Redevelopment Agency adjourned.
3.0 SPECIAL PRESENTATIONS
3.1 Mayor Boykin presented John Townsel service recognition award for 5 years of
service.
MAY 5, 1992
3.2 Councilmember Leahy, and other members of the City Council presented
certificates of appreciation to participants of Disasterpiece Theater
3.3 Mayor Boykin, members of the Council, and Fire Chief Chadwick presented
certificates of appreciation to individuals participating in "Catch the Pride
Week" activities.
3.4 Mayor Boykin read Proclamation, proclaiming Peace 0
the week of May 10, 1992.
c
Memorial Day for
4.0 PUBLIC COMMENTS
Virgil Woolfolk voiced concerns about Rancho San Jacinto area, regarding the
individuals utilizing the local park, and suggested the park be closed to the
public. Commended the Police Department for their professionalism.
5.0 CONSENT CALENDAR
A MOTION was made by Councilmember Leahy, seconded by Councilmember Ford to
approve the Consent Calendar with the exception of item 5.5, which was acted upon by the
Redevelopment Agency. Motion carried on a 4-0 vote with Councilmember Hafliger absent,
except item 5.6 which carried on a 3-0-1 vote with Councilmember Richards abstaining for
possible conflict of interest.
5.1 Minutes of Regular Meeting of April 21. 1992
Approved the Minutes of the Regular Meeting of April 21, 1992, as presented.
5.2 Warrant Register
Approved Warrants No. 28421 through 28565 dated April 30, 1992 in the
amount of $386,240.80 and payroll check numbers 19716 through 19814 in
the amount of $90,755.89, dated April 24, 1992,
5.3 March 1992 Treasurer's Report
Received and filed.
5.4 CUP 4-90 Amendment #2 (Robertson's Ready Mix)
Location: East side of State St. approximately 600 ft. south of Esplanade Ave.
Ratified Planning Commission approval of CUP 4-90, Amend. #2, granting an
extension to June 12, 1994 for construction of permanent batch processing plant
and reducing phase 1 pavement area.
5.5 Item moved to Redevelopment Agency.
2
MAY 5, 1992
5.6 VEDC Kiosk Program
Approved the agreement to modify the distribution of funds and adopted
Resolution No. 2033 amending the distribution of net proceeds for the Kiosk
Program
In response to Council inquiry , staff advised that more aggressive enforcement
against bootleg signs would occur when the position of Code Enforcement was
filled.
RESOLUTION NO. 2033
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SAN JACINTO
MODIFYING DISTRIBUTION OF NET PROCEEDS FOR THE SAN JACINTO
KIOSK PROGRAM
5.7 Annexation #3 to CFD #3.(Puhlic Safety) - Appointment of Legal Counsel &
Engineer
Accepted the proposal from Brown, Diven and Hentschke for legal service at a
cost not to exceed $1,000, and the proposal from James W. Unland and
Associates for engineering services, at a cost not to exceed $505.00, related to
Annexation #3 to CFD #3.
6.0 PUBLIC HEARING
None
7.0 CITY DEPARTMENTS
7.1 Truck Route Update - Esplanade Ave. east of Hewitt St. - McNabb
Community Development Director McNabb presented the outline of the process
for amending truck routes, which requires a 60 day noticed Public Hearing, to
preserve State funding. Recommended that Council direct staff to notice a
Public Hearing for July 21, 1992.
Stacy Hunter, Rancho San Jacinto Committee Chairperson, voiced concerns
regarding the amount of time staff had previously, to address the truck route
issue. Stated the matter had been an issue for the past year.
Rick Thomsen, of Rancho San Jacinto, reiterated Ms. Hunter's comments and
further stated that a Public Hearing would not change the public input.
Requested that the Council act on this matter as an urgency issue.
3
MAY 5, 1992
Dorothy Baggett of American Village made a request that the truck routes be
eliminated from east of San Jacinto St., not Hewitt, and further stated there
were no speed limit signs along Esplanade Avenue between San Jacinto St. and
Hewitt St.
Virgil Woolfolk suggested that staff and public work together through the
process.
David Sanches stated that the location of the flashing school lights did not
provide adequate site distance for motorists. Suggested the lights be relocated,
west of the park.
Council inquired of staff, if there were interim measures to address the issue.
Police Chief Kozma, responded that signage was adequate and staff would be
seeking use of a radar trailer within a couple of weeks. Further, prior to the
Public Hearing, the cities of Hemet and San Jacinto, along with the County of
Riverside, would coordinate their review of truck routes.
Police Chief Kozma to report hack to council on citation counts in the Rancho
San Jacinto/American Village area.
8.0 MAYOR/ COUNCIL MEMBER REPORTS/DISCUSSIONS
Councilmember Leahy commended the Cinco De Mayo event.
9.0 CLOSED SESSION
9.1 At the hour of 8:25 p.m. the City Council met in Closed Session Pursuant to
Government Code section 54956.9 (a) - for cases pending Housel vs. City of
San Jacinto and, Multi -Family Housing Bonds ( EsplanadeAvenue Associates)
vs. City of San Jacinto)
At the hour of 9:15 p.m. the City Council reconvened in open session with all
members present except Councilmember Hafliger and announced the following
action:
A MOTION was made by Councilmember Leahy, seconded by
Councilmember Ford to authorize the Mayor to sign an agreement with
Orrick Herrington and Sutcliffe for legal counsel regarding the Multi -
Family Housing Bonds (Esplanade Ave Associates). Motion carried on
a 4-0 vote with Councilmember Hafliger absent.
4
MAY 5, 1992
10.0 ADJOURNMENT
There being no further business the meeting was adjourned. The hour of adjournment
being 9:18 p.m.
Submitted by Approved by
Maurice Armster, City Clerk Francis Boykin, Mayor
5
STAFF REPORT
TO: Mayor and City Council
via Pamela S. Easter, City Manager
FROM: Anna A. Vega, Finance Director
SUBJECT: Approval of Register of Audited Demands
and Payroll Checks
DATE: May 19, 1992
RECOMMENDATION
Approve warrant numbers 28566 through 28713 dated May 15, 1992 in the amount
of $558,467.28 and payroll check numbers 19815 through 19909 in the amount of
$ 90,526.84 dated May 08, 1992.
SUMMARY
A listing of accounts payable warrants is attached for your review and approval.
Payroll is available for your review in the Finance Department.
The follows Descriptions are being provided due to the limited space on the warrant
register.
Check #28625 Arrow Printing-Econ Dev Inserts & Folders, Burning Permits. C.A.T.
Forms, Property Record Receipts-P.D., Business Cards
Check #28590 Tamra Gerard-Misc. ICSC Expenses
Check #28659 Tamra Gerard -Chamber Newsletter, City Pride Poster. New Home
Opportunities
Check #28684 NBS Lowry- Engineer's Est. -Sanderson, Preparation of Constraint
Map, Engin-W. San Jacinto Annex, Annex 66 Color Map, Esplanade
Flood Control Lines and Mngmt Syst.
C"ITf OF SAN JACINTO
GLCD12 REGISTER OF AUDITED DEMANDS PAGE I
CHECK
28566*
28567*
2856G*
28569*
2857O*
28571*
28572*
28573*
2B574*
28575*
2B576*
2O577*
28578*
28579*
2858O*
28581*
2B582*
28583*
28584*
28585*
28586*
285B7*
28588*
285B9*
2859O*
28591*
28592*
28593*
28594*
28595*
28596*
28597*
2859B*
28599*
28600*
28601*
28603*
28603*
2B804*
286O5*
28608*
28607*
286O8*
28609*
2861O*
28611*
28612
28613
~� 28614
28615
28616
UNITED CALIFORNIA BANK A/C 201398
ISSUED TO
AIRS
BONNEVILLE TRAVEL
ALL TRIPS AND THINGS
CSMFO
FIRST NEW YORK BANK
STAPLES
SO~ CA. EDISON
SO^ CA* GAS
PARKER'S AUTOMOTIVE
MICHAEL SMITH
AMANDA BRIDGE
RENEE UPSOm
CARRIE GARCIA
U.S. PoSTMASTER
BOY SCOUTS OF AMERICA
SO. CA, GAS
SD^ CA^ EDISON
SO. CA. EDISON
SO. CA, GAS
CA. STATE FIREFIGHTERS
CA* STATE FIRE MARSHAL
SO, CA^ EDISON
SO. CA. GAS
I.A^P.M^O^
TAMRA GERARD
MISSION UNIFORM SERVICE
O.K. ASSOC* INC*
TIERRA WEST
B & W PIPE CO.
U^S. POSTMASTER
JOLENE SHAW
BRIAN MCNABB
JIH RICHARDS
BOB DUISTERMARS
lCMA
RIVERSIDE CO, EMP~
SQ~ CA" GAS
S8^ CA. EDISON
SO~ CA. EDISON
SO^ CA^ GAS
SO, CA, EDISON
SO^ CA, GAS
SO. CA. EDISON
SO. CA, GAS
SO. CA^ EDISON
SO. CA. GAS
[/EBRA CASKEY
STEVE JARVIS
BRIAN MC NABB
KENSON NISHIND
BOB WILSON
DESCRIPTION
DATE 5/15/92
CONF^ ON AGING/O. FIERRD
AIRFARE~ICSC/EASTER & RICHARDS
AIRFARF/LEAGUE-K^ LEAHY
LEAGUE OF CA-K. LEAHY
REPLACE LOST CHECKt-27703
COMPUTER PAPER SUPPLIES
PAYMENT COLLECTIONS
PAYMENT COLLECTIONS
VEHL+ REPAIRS -UNITS -41130.06~102
CITY PRIDE POSTER WINNER
CITY PRIDE POSTER WINNER
CITY PRIDE POSTER WINNER
CITY PRIDE POSTER WINNER
POSTAGE -WATER BILLS
ANNUAL FEE- PD EXPLORERS
PAYMENT COLLECTIONS
PAYMENT COLLECTIONS
PAYMENT COLLECTIONS
PAYMENT COLLECTIONS �
BEREAVEMENT BOOKLET
FIRE FIGHTER I% CERTIFICATE~REYNDSO
PAYMENT COLLECTIONS
PAYMENT COLLECTIONS
PERSONNEL SEMINAR/D^ ANDERSON
DESIGN -[CO* DEVLP^ '
UNIF8RM'CLEANING-P^W,
REFUSE COLLECTIONS '
APPRAISAL AD 87~1 '
WATER
POSTAGE
REIMB COLOR COPIES -MAP
ICSC EXPENSES
ICSC EXPENSES `
EC8N DEV BROCHURE
DEFERREDCOMPENSATION
CREDIT UNION DEDUCTIONS
PAYMENT
PAYMENT
PAYMENT
PAYMENT
PAYMENT
PAYMENT
PAYMENT
PAYMENT
PAYMENT
PAYMENT
COLLECTIONS
COLLECTIONS
COLLECTIONS
COLLECTIONS
COLLECTIONS
COLLECTIONS
COLLECTIONS
COLLECTIBHs
COLLECTIONS
COLLECTIONS
N[VELL SEMINAR EXPENSES
FIELD TRAINING SEMINAR
REIMB MILEAGE
NOVELL SEMINAR EXPENSES
REIMB--PURCHASE OF TREES
75.00
191,00
126400
50~00
214,75
285^86
`50.92
97^81
358470
25400
25^00
35~00
� �25°RO
900,00
^70.55
150,02
198°69
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5.50
34"00
450,61
380^09
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61.89
774^48
58,994^28
2,781.25
2,884^38
941^QD
67.34
120.00
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2^9OO.O0
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237.49
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559.75
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77.71
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GLCD12
28617
28618
28619
28620
28621
28622
28623
28624
28625
28626
28627
2862@
28829
2863&
28631
28632
28633
28634
28635
28636
28637
28638
28639
28640
28641
20642
28643
28644
28645
28646
28647
28648
28649
26650
28651
28652
28653
28654
28655
28656
28657
2B658
28659
28660
28661
28662
28663
28664
28665
2@666
28667
CITy OF SA# JACINT8
REGISTER OF AUDITED DEMANDS PAGE 2
UNITED CALIFORNIA BANK A/C 201398
ISSUED TO
A~1 LOCK & KEY �
AT & T
ADVANCED PETROLEUM
ALERT BARRICADE
ALFORD & PUYEAR INC.
ALL PURE CHEMICAL CO.
AL'S LAWNMOWER SHOP
AMERICAN PLANNING ASSOC
ARROW PRINTING
AGIAC
ART AVALOS
E.S, BABCOCK & SONS
BIRMINQHAMtS
BLACK BOX
BNI BUILDING NEWS
BROZEY^ L8W6 ARGUELLES
BUILDERS EMPORIUM
BURTRQNICS BUSINESS SYS
ST^ BOARD OF EQ0ALIZ
CA* DEPT^ OF COMSERW
DEPT. OF TRANSPORTATION
CAR WASH DEPOT
CAPD~EDUCATION CENTER
CAEROKEE LANDSCAPE
COM SER CO~
COMPUTER SUPPLY
COMPUTER RESOURCES
CONVERSE CONSULTANTS IN
COX & COx
CPOA
J^F^ DAVIDSON
DE BWDS BLUEPRINTNG SER
DIAMOND VALLEY NURSERY
DICTAPHONE CORPORATION
DYNA MED INC~
EVANS & ASSOCIATES
E\/ANS TIRE CO^
FILAGSKY & WATT
FIRST INTERSTATE BANK
FIRST NEWPORT BANK
TIM GALYEAN PHOTOGRAPHY
GENERAL TELEPHONE CO.
TAMRA GERARD
GOLDEN STATE TRADING
GRC CQF'ENHAVER INC
RDSS HEALE
HEMET RACQUETBALL
HEMET RUBBER STAMP
HINCKLEY & SCHMITT
EDWARD HEWITT
HOT SHOTS 1 HOUR PHOTO
DESCRIPTION
DATE 5/15/92
SERVICEG
LONG DISTANCE PHONE
REFUND WATER CONSUMER DEPOSIT
SIGNS
CHASE & POTTER/RAMQNA EXPWY -STREET
CHLORINE/SODA-POOL CHEMICAL
SUPPLIES & SERVICE
APA CHAPTER DUES
PRINTING & SUPPLIES
TRAINING VIDEO-PD
REFUND CONSUMER DEPO
LAB TESTS -WATER
REPAIRS ON THE TAMPER-ST
IBM COMPUTER SUPPLIES
PUBLIC WORKS PUBLICA
CLAIM! HER@ANBEZ
MATERIALS
MICROFICHE PAPER-PD
UNDERGROUND TANK FEE
SMIP FEES
SPECIFICATIONS
VEHICLE WASH
ROVELL NETWORKING REGISTRATION
LANDSCAPE MAINT^--LLMD
RADIO MAINT, CONTRACT
COMPUTER SUPPLIES
COMPUTER SUPPLIES
PROF~ SVC ~ ANNEX 66
CITY ATTORNEY SERVICE
PUBLICATIONS-PD
TRAFFIC ENGINEERING
BLUEPRINT SERVICES
CITY YARD SUPPLIES
MAINT,-PNQmE TAPE PD
SUPPLIEC-FIRE
PROFESSIONAL SERVICE-P.W^
TIRES & REPAIRS
CLAIM� HOUSEL
COMPUTER EQUIPMENT
RETENTION W/H F JOHNSTON
AB~RAMONA PAGEANT
PHONE SERVICES
BESI(3H~ECO^ DEVLP^
COMPUTER SUPPLIES
REDEVELOPMENT SERVICES
REFUND WATER CONSUMER DEPOSIT
WELLHEGG PROGRAM
POSTAL STAMP ~WATER
DRINKING WTR-PD
REFUND WATER CONSUMER DEPOSIT
FILM PROCESSING
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172.29
5^O36^36
6,28O~0O
44+64
305.45
69,31
1@6^13
1,411^00
242.39
5^775,0O
905°6O
700.00
113.74
35,267,5O
53^88
3t224.1B
2°446,13
971^55
2^621+5O
.29,43
366~00
19~34
1�
5C���/
39^30
CITY OF SAN JACINTO
GLCD12 REGISTER OF �UDITED DEMANDS PAGE �
CHECK
28668
28669
28670
28671
28672
28673
28674
28675
28676
28677
2B678
28679
28680
2B681
2B682
2B6B3
28684
28685
28606
28687
28600
28689
28690
28691
28692
2B693
20694
28695
28696
28697
28698
28699
28700
28701
28702
28703
28704
28705
28706
28707
28706
28709
28710
28711
28712
28713
UNITED CALIFORNIA BANK
ISSUED TO
HOUSE OF QUALITY
HUBBS STATIONERY
HURLEY'S AUTOMOTIVE
I.B^M^ CORP,
JIMNI SYSTEMS INC
DEBBIE JOHNSDN
JUABEZ AUTO UPHSTRY
KAMMEfER & ASSOCIATES
KELLY PIPE
KEITH COMPANIES
LN CURTIS & SONS
LIEBERT.CASSIDY/FRIERS3O
MARSH & MCLENNMN
CAROL MCCALL
MINCO COMPUTERS
MISSION UNIFORM SERVICE
NB5/LOWRY
NEWPORTWAVE SOFTWARE
NTFC
O'MALLEY
OVERNIGHT INDUSTRIAL
PACTELL CELLULAR —LA
PAGENET
LARRY PIERCE PLUMBING
PURE GRO
RACEWAY FORD
RIVERSIDE BLUEPRINT
SANTIAG8 RQDRIGUE2
SAN BERN, CTY SHERIFF'S
SAN JACINTO ELECTRIC
PHYLLIS SCHMIDT
SCOTSMAN MANUFACTURING
BOB SCOTT PHOTOGRAPHY
SEARS^ ROEBUCK & CO.
SHARP BUILDING SUPPLY
SMALL ANIMAL HOSPITAL
SO. CALIFORNIA EDIS@M C
SO. CALIFORNIA GAS CO.
SpARKLETTS
STEVE'S AUTO PARTS
ULTRASYSTEMS
DAVID UMBACH
UNDERGROUND SERVICE ALE
VISTA MURRIETA CORP
CARL WARREN & CO.
XEROX CORPORATION
A/C 201398 DATE 5/15/92
DESCRIPTION
AUTO FARTS
OFFICE SUPPLIES
REPAIR MOTOR BIKE
MAINTENANCE —PRINTER
REPAIR SEWER LIFT STATION
BLDG REPLACEMENT 201
REPAIR UPHOLSTERY —A/C
LANDSCAPE SERVICES
MATERIALS
ANNEXATION SERVICES
SUPPLIES—FD
LABOR RELATIONS
SPECIAL EVENTS INSURANCE
REFUND WATER CONSUMER DEPOSIT
MAIL SYST^—NETWORK ALL BLDGS
UNIFORM CLEANING—P.W,
ENGINEERING SERVICES —VARIOUS
NETWORK SYSTEM SUPPORT
TELEPHONE EQUIP. LEASE
ECQ^ DEVLP^ SERVICES
SUPPLIFS`ALL DEPTS.
CELLULAR PHONE—F^D^ & P^W^
RENTAL RADIO PAGERS—F^D~
WATER SUPPLIES
OVERSEED PARKS
PARTS—P.D.
BLUEPRINTING
REFUND WATER CONSUMER DEPOSIT
TUITION
ELEG^ WORK
REFUND WATER CONSUMER DEPOSIT
MONTHLY LEASE—PD OFFICE
POLICE CASE PHOTO
SUPPLIES—P^D^
BUILDING SUPPLIES
EXAM INJURED STRAY
UTILITIES
UTILITIES
MONTHLY RENTAL
VEHICLE PARTS
ENV~ IMPACT REPORTS —ANNEX 66
REFUND WATER CONSUMER DEPOSIT
UTILITY FAX NOTF^
INSTALL WATER MANAGEMENT SYSTEM
CLAIM; GILVAS
MAINTENANCE
AMOUNT
1,675^50
655"69
358^18
201~00
150^D0
462^O4
250~00
4'1B6~O0
1,486^72
123~0O
357^85
1,U00^00
101^U8
32^79
2,181.95
413^42
3gt583^46
75.Q0
?9Q^55
5,67O^DO
360,65
49'1^38
139,75
6^04
3,367^19
56°6G
12^54
12^58
80^0O
159^98
25^Q0
941.95
68^69
430.99
1^445^47
16.00
19,995^89
158^15
152^66
307.48
27^467,23
22~36
86,00
262°705^68
1o916^O8
1,4B6^50
FINAL TOTAL 558,467~28
REGISTER OF AUDITED DEMANDS
MAY 15, 1992
FUND 10 $31,593.85
FUND 11 $89.82
FUND 14 $536.80
FUND 20 $6,170.82
FUND 21 $17,044.22
FUND 24 $156.02
FUND 25 $8,624.43
FUND 28 $2,399.09
FUND 32 $4,186.00
FUND 36 $1,395.00
FUND 37 $50.00
FUND 39 $53,225.59
FUND 40 $8,587.46
FUND 42 $1,430.62
FUND 50 $280,469.94
FUND 65 $70,947.40
FUND 66 $37.71
FUND 92 $655.38
FUND 96 $12,232.25
FUND 98 $6,139.07
PAYROLL $52,495.81
$558,467.28
STAFF REPORT
DAIL: May 19, 1992
TO: Honorable Mayor and City Council
FROM: Pamela L. Lee, Deputy City Clerk
SUBJECT: Public Records Policy
r.;
1.0,4
5. 3
RECOMMENDATION: Adopt Resolution No. approving the public records policy.
BACKGROUND: In the course of establishing a Records Management Program for the
City, one of the crucial steps is to establish a policy on public records. The City is enabled
to establish such a policy pursuant to the Public Records Act for the State of California.
Such a policy will assist staff in responding to the requests received and serve to protect the
best interests of the City, in a consistent and legal manner.
The intent is in no way meant to bar or establish obstacles to access public records, but
rather as a guide to assist staff when requests are received. Often times requests may
actually he for documents which are not a public record and lacking a policy for guidance
it can be a very intimidating experience for staff, frustrating for the public, and could prove
costly to the City.
The policy is reflective of existing state laws which govern specific records, i.e., initiative,
referendum and recall petitions, are governed in the Elections Code and the proposed policy
is in accordance with the said codes.
In addition to the policy, a request form has been created to assist in the process of
obtaining records. This form will assist staff and the City Attorney to ascertain, in
questionable circumstances, if the documents are a public record. While there is provision
for the name and address of the requestor, this would not be mandatory, but used as an aid
to be as responsive as possible to the request.
The policy and form have been reviewed and approved by the City Attorney.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JACINTO, CALIFORNIA, ESTABLISHING
A PUBLIC RECORDS POLICY
WHEREAS, the City Council of the City of San Jacinto, pursuant to Government
Code Section 6250 et seq, may establish a policy for public records; and
WHEREAS, the City Council deems it necessary, as a part of the overall Records
Management Program to establish such a policy.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San
Jacinto, does hereby establish the Public Records Policy for the City of San Jacinto,
identified as Exhibit "A" attached hereto and made a part hereof.
APPROVED AND ADOPTED this 19th day of May, 1992.
Francis R. Boykin, Mayor
ATTEST:
Maurice Armster, City Clerk
EXHIBIT "A"
CITY OF SAN JACINTO
POLICY FOR INSPECT ION OF PUBLIC RECORDS
Maurice Armster, City Clerk
May, 1992
The following is the City of San Jacinto Policy relative to the inspection of public
records pursuant to the California Public Records Act, Government Code Section 6250 et
seq.
In summary, the Act and this Policy provides the following:
That any person, upon request, may inspect any public record, and further, may
obtain copies. The cost for such copies is as established by Resolution of the City Council
and shall not exceed the direct cost of duplication or any statutory authority.
In addition, some records, as prescribed in the Public Records Act, are exempt from
such inspection. This policy provides the guidelines to follow before making records
available.
The City may adopt reasonable guidelines stating the procedures to follow when
making records available.
If a request for records cannot be met, or if the custodian of the records is asking for
an extension of time, response must be made to the requestor within 10 days stating the
reasons therefor. The procedures for doing this are outlined in Government Code Section
6256 et seq.
Records subject to subpoena in litigation, whether or not the City is a party to the
action, shall be reviewed by the City Attorney before being released.
If a question should arise regarding this policy, clarification shall be obtained from
the City Clerk or the City Attorney immediately. It is imperative, prior to providing or
denying access to records, that the policy be implemented fully and accurately. There are
serious consequences and penalties for disclosing information, or failing to disclose, and
these actions should be fully understood prior to implementation.
Copies of this policy are available from the City Clerk's Office.
INSPECTION OF PUBLIC RECORDS POLICY
Effective: May 19, 1992
Except as provided below, all City records are to be open for inspection at the City
Offices at all times during regular office hours and every citizen has the right to inspect any
such records after properly identifying the records sought. However, inspection of City
records may be temporarily restricted or denied if:
1. Records are required by city officials or staff; or
2. The space for inspection is occupied by other members of the public; or
3. There are valid reasons for fearing defacement or other damage to the
records and supervision of inspection is impossible at that time; or
4. Someone is monopolizing records to the detriment of other members of the
public who wish to inspect them.
If access to records is temporarily denied, arrangements shall be made for a time and
place when such access is allowed.
The following records are not public and public access is not allowed:
1. Preliminary drafts, messages and notes customarily discarded, stenographic
notes, tapes used for transcription to a typed document and then discarded or
reused, and interagency or intra-agency memoranda which are not retained
in the ordinary course of business, provided the public interest in withholding
such records clearly outweighs the public interest in disclosure. NOTE: Care
should be taken to keep such notes and working papers separate from files
containing records which are considered public and to label personal working
files as such.
Records pertaining to pending litigation to which the city is a party or claims
made pursuant to Government Code Section 810 et seq., until such litigation
or claim has been finally adjudicated or otherwise settled.
3. Personnel, medical or similar files, the disclosure of which would constitute
an unwarranted invasion of personal privacy.
4. Records of complaints to or investigations conducted by, or records of
intelligence information or security procedures of the City's law enforcement
agency.
2
5. Test questions, scoring keys, and other examination data used to administer
examinations for employment.
6. The contents of real estate appraisals, engineering or feasibility estimates and
evaluations made for or by the City relative to acquisition of property, or to
prospective public supply and construction contracts, until such time as all of
the property has been acquired or all of the contract agreement obtained.
7. Information required from any taxpayer in connection with the collection of
local taxes which is received in confidence and the disclosure of the
information to other persons would result in unfair competitive disadvantages
to the person supplying such information.
Records, the disclosure of which is exempted or prohibited pursuant to
provisions of federal or state law, including, but not limited to, provisions of
the Evidence Code relating to privilege.
9. Statements of personal worth or personal financial data required by a
licensing department to establish personal qualifications for a license,
certificate or permit.
10. Initiative, referendum, and recall petitions and all memoranda prepared by
the City Clerk or designated personnel in the examination of such petitions
indicating which registered voters have signed particular petitions. NO VE: No
one, other than the City Clerk and designated personnel who are responsible
for assisting the Clerk in the examination of such petitions, or a representative
of the petition circulators, shall be permitted to inspect such petitions or
memoranda. This includes the public, press, all other members of City staff,
City Councilmembers, Commissioners, etc.
11. Communications from the City Attorney to City personnel, consultants or
other parties with whom the City has a confidential relationship.
12. Requests for bi-lingual ballots or requests for ballot pamphlets or any other
data which would reveal the identify of those requesting such items.
Any person may receive a copy of a public record upon request, unless it is
impractical to supply it, by providing a reasonable description which enable relatively easy
retrieval. Fees for providing copies of City records are to be charged in accordance with
the fee schedule adopted by resolution of the City Council. The fee may be waived if the
request for reproduction is a minimal one, or if it is in the City's best interest to do so.
Determination as to the waiving of fees will be made by the Department Director or his
designee.
No one, other than a member of City staff, will be allowed to remove a file or record
from the City Offices.
In all instances, an attempt should be made to secure specific document identification
and general perusal of files will not be permitted. This is time-consuming for the staff and
sometimes misleading to the person reviewing the file.
Requests to hear electronic tape recordings of meetings will be honored and will be
supervised by a City employee. A fee will be charged in accordance with the fee schedule
adopted by resolution of the City Council.
No City document or file used in a court case will be allowed to be made a part of
the court files. If the court requests a document on file, submit certified copies of the
original record.
The release of copies of staff reports or other City Council or Commission agenda
materials is not generally allowed before the packets have left the City Offices for delivery
to the City Council or Commissionmembers.
The attached request -response form has been developed to facilitate a more efficient
handling of requests for public records. It is to be completed by all persons requesting
copies of public records. If a request for a record can be handled within a reasonable time,
without interrupting for extended periods, work which has been assigned a high priority,
fulfill the request while the person waits. If this is not the case, take the request and advise
the person that the material will be ready at a specified date and time or that you will notify
them by phone when it is ready. Since the Government Code assures anonymity, if the
requestor desires not to disclose their name or phone number, advise them when they may
contact you to verify completion of their request.
4
FEE SCHEDULE FOR COPIES OF PUBLIC DOCUMENTS
In accordance with the established City policy concerning Inspection of Public
Records, when a written request for copies is received by City staff, the following fee
schedule shall be utilized based on recovering the actual cost of providing said copies.
A. 25 cents per page copied.
In addition, periodic publications issued by the City of San Jacinto shall be provided for a
fee as prescribed below:
Agendas:
City Council - $75.00 Annual Subscription
Planning Commission - $50.00 Annual Subscription
Minutes:
$15.00 each set for approved minutes
When new publications are issued and are not listed in the above schedule or for preprinted
documents varying in length, the originating Department Director shall establish the price
per copy based on the actual costs incurred and notify the City Clerk in writing. As soon
as practical, the fee schedule for documents shall be amended and approved by the City
Council for new publications to continue in circulation, or where costs of existing
publications are no longer being recovered under the current price schedule.
5
STATUTORY CITATIONS
The following sections are provided for convenience. Recent amendments to the California
Public Records Act should be checked.
Government Code Section
6250
6251
6252
6253
6253.1
6253.5
Legislative findings and declarations
Short Title
Definitions
Public records open to inspection; time; guidelines and
regulations governing procedure
Adoption of requirements for greater access
Initiative, referendum, recall petitions ... deemed not public
records; examination by proponents
6253.6 Bilingual ballot or ballot pamphlet requests not deemed public
records
6254
6254.2
Exemption of particular records
Pesticide safety and efficacy information; public disclosure;
limitations; procedures
6254.3 State employee home address and phone number as public
records; disclosure
6254.5 Disclosure of public record; waiver of exemption; agency;
inapplicability of section; agreement not disclosed by
government agency
6254.6 Private industry wage data from Federal Bureau of Labor
Statistics; identity of employers; confidentiality
6254.7 Air pollution data; public records; notices and orders to
building owners; trade secrets
6254.8 Employment contracts between state or local agency and public
official or employee; public record
6
6254.10 Disclosure of archaeological site information not required
6254.25 Memorandum from legal counsel to state body or local agency;
pending litigation
6255 Justification for withholding of records
6256 Copies of records, determinations on compliance with request;
notice; reasons
6256.1 Extension of time for determination in unusual circumstances;
notice
6256.2 Delay in access; prohibition; notification of denial; name of
person responsible
6257 Request for copy; prompt availability; fee; reasonably
segregable portion after deletion of exempt portions
6258 Proceedings to enforce right to inspect or to receive copy of
record
6259 Order of Court; contempt; court costs; and attorney fees
6260 Effect of chapter on prior rights and proceedings
6261 Itemized statement of total expenditures and disbursement of
any agency
6262 Examination of records of complaints to, or investigations by,
any state or local agency for licensing purposes; inapplicability
to district attorney
6263 District attorney; inspection or copying of nonexempt public
records
6264 Order to allow district attorney to inspect or copy records
6265 Disclosure of records to district attorney; status of records
6267 Libraries supported by public funds; registration and circulation
records; confidentiality; exceptions
The foregoing relates to the California Public Records Act only. Other references to
specific categories of records may be found in various California and Federal statutes.
CITY OF SAN JACINTO
REQUEST FOR COPIES OF PUBLIC RECORDS
I/We, the undersigned, hereby request the following documents (or
portions thereof) as indicated below:
1 .
2 .
3 .
4.
DESCRIPTION OF DOCUMENT
DATE # COPIES
I/We agree to pay the City of San Jacinto at the rate adopted by
resolution of the City Council at the time of receipt by myself or
my representative.
Name of Organization
Address
Telephone
Signature
City Attorney Approval
FOR INTERNAL USE ONLY
Date Promised Time Initial
Date Completed Time Expended
Completed By Department
Date
Date
r
AGENDA
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Anna A. Vega, Finance Director
via Ken Leahy, City Treasurer
SUBJ: Investment Policy
DATE: May 19, 1992
RECOMMENDATION
Adopt resolution identifying various policies and procedures that
ensures a prudent and systematic investment policy and to formalize
investment -related activities.
BACKGROUND
Government Code Section 53607 permits the "Legislative body" to
delegate the authority to invest or reinvest the city funds to the
"Treasurer". This has been permitted by the City Council through
an ordinance. The Treasurer assumes full responsibility for all
fund investment transactions.
The Treasurer has the option to submit a quarterly or Annual report
of "Statement of Investment Policy" to the City Council with a more
detailed or expansion report of investments and policies. This
policy resolution is herewith being submitted to you for your
annual review and approval.
When the policy resolution is adopted by the City Council, the
investment policy considerations are to be followed by the
Treasurer when investments are made on behalf of all the City
funds.
This policy also outlines Government Code Section 53646 which
requires the Treasurer or Finance Director to submit a monthly
investment report to the City Council. Certain criteria and
wording is required on the monthly treasurer's report under this
Government Code. This is currently being included on our monthly
Treasurer's report to City Council.
Finally, this policy also addresses that a system of internal
controls should be established to prevent losses of public funds.
The Treasurer currently seeks the institutions financial report and
their debt/asset ratio in order to determine the credit worthiness
of the institution.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO IDENTIFYING VARIOUS POLICIES AND PROCEDURES
TO ENSURE A PRUDENT AND SYSTEMATIC INVESTMENT
POLICY AND TO ORGANIZE AND FORMALIZE INVESTMENT -
RELATED ACTIVITIES.
WHEREAS, it is the purpose of this Policy to identify
various policies and procedures that enhance opportunities for a
prudent and systematic investment policy and to organize and
formalize investment -related activities. Related activities which
compromise good cash management include accurate cash projections,
the expeditious collection of revenue, the control of
disbursements, cost-effective banking relations, and a short-term
borrowing program which coordinates working capital requirements
and investment opportunity. In concert with these requirements are
the many facets of an appropriate and secure short-term investment
program.
WHEREAS, it is intended that this policy cover all funds
and investment activities under the direct authority of the City of
San Jacinto.
WHEREAS, the objectives of this policy are:
A. Safety: It is the primary duty and responsibility of
the Treasurer to protect, preserve and maintain cash and
investments placed in his/her trust on behalf of the citizens of
the community.
B. Liquidity: An adequate percentage of the portfolio
should be maintained in liquid short-term securities which can be
converted to cash if necessary to meet disbursement requirements.
Since all cash requirements cannot be anticipated, investments in
securities with active secondary or resale markets is highly
recommended. Emphasis should be on marketable securities with low
sensitivity to market risk.
C. Yield: Yield should become a consideration only
after the basic requirements of safety and liquidity have been met.
D. Market -Average Rate of Return: The investment
portfolio shall be designed to attain a market -average rate of
return throughout budgetary and economic cycles, taking into
account the City's risk constraints, the cash flow characteristics
of the portfolio, and State and Local laws, ordinances or
resolutions that restrict investments.
E. Diversification: The investment portfolio will be
diversified to avoid incurring unreasonable and avoidable risks
regarding specific security types or individual financial
institutions.
Investment Policy
Page 2
F. Prudence: The City adheres to the guidance provided
by the "prudent man rule", which obligates a fiduciary to insure
that:
"...investment shall be made with the exercise of that
degree of judgement and care, under circumstances then prevailing,
which persons of prudence, discretion and intelligence exercise in
the management of their own affairs, not for speculation but for
investment considering the probable safety of their capital as well
as the probable income to be derived."
G. Public Trust: All participants in the investment
process shall act as custodians of the public trust. Investment
officials shall recognize that the investment portfolio is subject
to public review and evaluation. The overall program shall be
designed and managed with a degree of professionalism that is
worthy of the pubic trust. In a diversified portfolio it must be
recognized that occasional measured losses are inevitable, and must
be considered within the context of the overall portfolio's
investment return, provided that adequate diversification has been
implemented.
WHEREAS, Government Code Section 53607 permits the
"Legislative Body" to delegate the authority to invest or reinvest
the City funds or to sell or exchange securities so purchased, to
the "Treasurer" of San Jacinto, who shall hereafter assume full
responsibility for such transactions until such time as the
delegation of authority is revoked by the legislative body.
WHEREAS, the Treasurer or Finance Director shall submit
a monthly investment report to the City Council. This report will
include all required elements of the monthly report as prescribed
by Government Code Section 53646.
Minimum required elements of the monthly report:
a. type of Investment
b. Institution
c. Date of Maturity
d. Amount of deposit or cost of the security
e. Current market value of securities with
maturity in excess of 12 months
f. Rate of interest
g. Statement relating the report to the Statement
of Investment Policy
h. Statement that there are sufficient funds to meet
the next 30 days's obligations
i. Effective January 1, 1991, Accrued Interest as
prescribed by the California Code Section 53646,
if required by the City Council.
Investment Policy
Page 3
Additional information may be included in the monthly report,
but is not required by the Government Code. Some items that
might be included are:
• Interest earned to date
• Average weighted yield
• Average days to maturity
• Actual transactions
• Percent distribution to each
type investment
WHEREAS, it is the Treasurer's option to submit a
quarterly or Annual report of a Statement of Investment Policy to
the City Council with a more detailed or expansion report of
investments.
WHEREAS, security purchases and holdings will be
maintained within statutory limits imposed by the Government Code.
WHEREAS, a System of internal control shall be
established. The controls shall be designed to prevent losses of
public funds arising from fraud, employee error, misrepresentation
of third parties, unanticipated changes in financial markets, or
imprudent actions by employees and officers of the City of San
Jacinto. Controls deemed most important include: control of
collusion, separation of duties, separating transaction authority
from accounting and recordkeeping, custodial safekeeping, clear
delegation of authority, specific limitations regarding securities
losses and remedial action, written confirmation of telephone
transactions, minimizing the number of authorized strategies, and
code of ethics standards.
WHEREAS, the Treasurer shall consider the
creditworthiness of financial institutions in selecting for the
deposit of investment of City funds. The Treasurer or Finance
Director shall continue to monitor financial institutions' credit
characteristics and financial history throughout the period in
which City funds are deposited or invested.
WHEREAS, the City recognizes that investment risks can
result from issuer defaults, market price changes or various
technical complications leading to temporary illiquidity.
Therefore, Portfolio diversification will be employed as a way to
control risk. The Treasurer and/or Finance Director is expected to
display prudence in the selection of securities, and a way to
minimize default risk. No individual investment transaction shall
be undertaken which jeopardizes the total capital position of the
overall portfolio. The Treasurer shall periodically establish
guidelines and strategies to control risks of default, market price
changes and illiquidity.
Investment Policy
Page 4
WHEREAS, in addition to these general policy
considerations, the Treasurer and Finance Director will strictly
observe the following specific policies.
A. All transactions will be executed on a delivery
versus payment basis.
B. A Competitive bid process, when practical, will be
used to place all investment purchases.
WHEREAS, all securities owned by the City should be held
by a third party except the collateral for time deposits in banks
and savings and loans. Collateral for time deposits in banks and
savings and loans will be held by the Federal Home Loan Bank. the
collateral for time deposits in banks will be held in the name of
the City of San Jacinto in the bank's Trust Department or
alternately, in the Federal Reserve Bank.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of San Jacinto adopts the Investment Policy.
MOVED, PASSED AND ADOPTED the 19 day of May, 1992 by the
following vote:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
By
Deputy City Clerk
CITY OF SAN JACINTO
STAFF REPORT
AGENDA'S.
TO: Honorable Mayor and Members of the City Council
FROM: Brian McNahh, Director of Community Development
DATE: May 19, 1992
SUBJECT: Street Name change
STAFF RECOMMENDATION:
Adopt Resolution No. authorizing the name change of Artesian Street to Artesia Street
FISCAL IMPACT:
Limited to the cost of notifying affected agencies and residents.
DISCUSSION:
Historically the name of the subject street was Artesian Avenue and not Artesia Street. In fact,
before Tract 10579 was approved in 1979, the name Artesia Street was unofficially used. Tract
10579 located between Camino Los Banos and Vernon Avenue north of First Street used the name
Artesia Street. This created both names as being "legitimate" in the Assessor's Parcel Book. Tract
24745 located adjacent to the west of Tract 10579 "renamed" the street Artesian Street.
The Post Office has requested the City look into the possibility of correcting the street names as
they are going to be computerizing their mail route.
A field inspection revealed the street signs use Artesia Street, therefore, staff is recommending the
change to Artesia rather than Artesian.
Prepared by Approved By
RETURN TO CITY CLERK
Council Action
Approved as requested Referred to:
Approved as amended For:
Denied Continued until:
Other Hearing set for:
lED
11
LSHERIFF
F
A
I I
U
AVE
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN JACINTO CHANGING
THE NAME OF ARTESIAN STREET TO ARTESIA STREET.
THE CITY OF SAN JACINTO DOES HEREBY RESOLVE AS FOLLOWS:
WHEREAS, the City Council of the City of San Jacinto, California, has reviewed the
request to change the name of Artesian Street to Artesia Street. and,
WHEREAS, Section 34091.1 of the Government Code of the State of California provides
for such changes of street names.
IT IS HEREBY ORDERED AS FOLLOWS:
Section 1.
The City Council does hereby change the name of Artesian Street, a public
street within the City of San Jacinto to Artesia Street as shown on Exhibit
"A" attached hereto.
Section 2. The City Clerk is hereby directed to file this Resolution with the County
Recorder of the County of Riverside, State of California.
Section 3.
The City Clerk is directed to notify the United States Post Office of said
change of name, as well as the City Planning Commission, Riverside County
Planning Commission and the City Engineer.
The City Clerk in addition is directed to Forward a certified copy of this
resolution to the Board of Supervisors of the County of Riverside in
conformity with Section 34092 of the Government Code.
Section 4. The change of the name set forth in this resolution shall not be effective until
Sections 2 and 3 above have been complied with.
MOVED. PASSED and ADOPTED this
vote:
AYES:
NOES:
day of 1992 by the following
ABSENT:
ABSTAIN:
ATTEST: Mayor
Deputy City Clerk
CERTIFICATE
The foregoing is certified to be a true copy of Resolution No, duly adopted by said
City Council of the City of San Jacinto on the date set forth therein.
Deputy City Clerk
STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Brian McNabb, Director of Community Development
via Pamela S. Easter, City Manager
DATE: May 19, 1992
SUBJECT: TRACT 22900-2, FINAL MAP
APPLICANT: LNC Properties Ltd, No. 23
1787 West Pomona, Suite J
Corona, CA 91720
LOCATION: West of Meridian Street, South of Washington Avenue
DESCRIPTION
Request for Final Map for approved Tract 2290(7-2, a 92 lot subdivision that contains a total
of 26.12 acres. Staff and the City Engineer have reviewed Final Map 22900-2 and found it
to be in substantial compliance with the Conditions of Approval and Subdivision Map Act.
The applicant has elected to post bonds for the public improvements prior to recordation
of this map.
RECOMMENDATION
Staff recommends the Council approve Final Map 22900-2 and authorize the Mayor to
execute the subdivision agreement and signature of Final Map for recordation.
City Council Staff Report
May 19, 1992
Page 2
BACKGROUND
Tract 22900 was originally approved by Riverside County on May 24, l988. The area west
of Meridian Street has since been annexed into the City of San Jacinto and has been
designated as Tract 22900-2. The remaining portion of the original tract that lies to the east
of Meridian Street has been annexed into the City of Hemet and designated as
Tract 22900-1.
G124-e4)7411
BRIAN MC NABB
Director of Community Development
BKh1:JCar CC-#1-1992\92-05-19.MTG\22900-2
Attachments: Map
IN THE CiiY CP SAN 'a1
TO, COUNTY UP RIVERSIDE. CALIFORNIA
TRACT N O .
22900-
SLING A ,SOIVASE N US rHE PORTE:INS SF 9LUCHU 9L d 91 OF T-SF I.A4NE S
THE HEMS _ANp 1_ J:
JC PANT AS REDMN ER HAP MINTY.
FILE . CE HOC* IS 555 S L'
4 15 OF NAPS, NEC'2ROS Or LHE RLYEaS'CP EOIJN(Y. CAL [P f]HNIA IN fECYECN I
s s.. a. I. u.. s.a. n.
CSL ENGINEERING, INC.
OWNER'S STATEMENT
E EREB STATE "HAT ESE E i E ODDEPS FE SME LANS I:CLUCEG XIEHIN THE
AUBOO'f 3 SHOWN'HEREIN: -HATERE THE 9
Mpr IS E 1 RS TA PASS :l C E [ I_ TO SATO LAND ETHAT RS WE CONSENT: WHOSE TO NT
TETE MAN MO ANS HECORSt S 5 9CIYISIBN PAH AS 5 S v,"HIN
THE C'SINTIV ETURNER LINE HE HEREBY DEDICATE TO E SALIC
ESTSTREET NOPLB IC UTILITY FLPIEFSES LCTO HL E- .'. -'
INSEHISIVE AS A C[ DI1 TEN SE DEDICATION SE L E TEAM
TESTES SET INNERS OrE COTS 1 TMEMEISP IB, INCLUSE q'TTIHG
T I SGH Y AND INA2 S M.:-I E NIL. HAVE RIGHTS CF ACCESS
ETEEPT TOE GENERA_ EASEMENT OF EPAIES ANY THIEVE OF L.10SMSENT
XIBEH 'PAT THIS CRESULTS ONDITIONOFF VACATION
NST IS RIGHTS AS TOTHEREOF �E
SHEPAREv CITEA. ALES
WE HERS, CECTCATE TO THE ctn. Dr TAN JACINTH THE ES FOBS SEVER
ANC ORA/NAGE EASEMENT SHOWN HEREON
IT: S N C HIOVEP TIES, LIB„ NA 25, A CALIFCPNIA I- ' Hlr %C
PAR INE ItNII IP.
IS, PRET,STEMLESS PINC , A LAN TM CORONA As IEN. AS S 'FGH aLE- C/ �R}NCB`
INS PRESIDE... SE -RESAT./
TRUSTEE
FIRTH HMLRSC IN TITLE INSURANCE EcripAss TRJS TEE SNOOP _f [OS OP TAUS
I515SAE0 TNVEMBER 22. 1909 AS INSSRUMT Di 411 41E2/0 OF SEE ALI41 BEEN
i.F H1vERSICE COUNTS, GALLFCRSII A.
i�+sr
,u 1,^2HLM-E"
NOTARY ACKNOWLEDGEMENT
C91ATE Be F CLLIEORMIA i55
04 INES at' pas RD_ A ;I
DM uNACDCIDDEO I 4CMAR
ApFEAG RSCRELL GM OvH fl E CN Pnpvfp TO E11.3 g SES OF Esles STIR.
E./FENCE. ES BE THE FERSONS A] H E E_OTES THE WITHIN t : N E AS
u LC PRESICEN' ENS. SECRET RY 6F PREIEB ECM A SALTF[PNIA
FORATION. THE COPPSHIATTUN SUIT' EXECUTED TTE ITIN TNT TR:IMEN.
A0 Tp S Tp 9E ERSCNS uN0 ESE CU I EO 'IE ti IN SSTTPV.YENT ENNu BEI LE DEN HISS 6NPL I.CN, SAIL MIRPpi[1['EN BE[ - Of4ERAL IRSTEN
SE L N C. PROPERTIES NO LOS THE LIMITED N.ATgSHIP THAT CNECONES THE
v ITH[N INAIR UMENI ENS ACMNBV{NEREC TO HE TEAI VAIN CORPORATION EXECUTED
NE XE STREWS SATO ifNf B AL PARTNER AND THAT SAID LIN IYEO PARTNERSHIP
EXECUTES THE THESE..
ORS NE
OR :AID 4sERSONAEL
U:rS II" II —4L_ WITNESS MT NANO ANC OMFICIAL SITS_
L__— -� �✓��__ �,.J MY_ Pa1N[IP LE PLLCF US TL TSSlE59
ILL+ 1LKKL000RLLIII•ur n�✓V(,�_, 1 IN _KjS[(R(/M6 COI!..iY
NOTARY ACKNOWLEDGEMENT
STATE ::a Iri'NNL
C IY r dNAfAlpe��5S5
c T ISJ1'd SA LIPF L___MSS EESOFI ME JA✓Er G. SUHy
9i RT PUS IS IN ASO FOR SAID DICIEST AND STATE.PERSONAL E BEC
HIASAAAL!sF IL Y*TSLEPE B LLI MNav TO OF 51 Eo E vF T TOEP BASES
Ay, OF SATISEACTCRY E ISFNLE D 'NC g EPSS4(9I SE AT E ECJEE6 TIE Ir YIN _-..... ePJ E E
. AAA,' vet PAliSbEI+.T _Giaar il5t esp SE
( L I.eNTITLE I.SUR C. HIE CORPORATION -HAT _NECUEEO
THIN HE EEU E ANS ENDES TO E 'ExE THE PEP 5N5 IPS ExECUTES
1. SERUMENT SW FEMALE S 511D CGRPSFATIDN, ANS WHENCE LEDGER
MAT SLIM CORPCE611OIA EXECUTED THE SAME IX SHISTEE
NT COMMISSI0S TORCHES EC
:An tf' r d
u 'SCIFA.N CE LEE TOOTSE55 NpEARY B'.IC T HOE FCR 11J 5
.s L!�[ufsillSE a,rNra
TAX BOND CERTIFICATE
I HERF9's Rr.IES THAT A ROTE IM T E SEEP 9f I _
HAP SEEN E.f UTFC EDS HILES :ITN HEE PEARCE SE V EI-ISOES OF
THE LouqTi Os R STHS DE CALL:OR I CNOI`ICNED I'I EtIE
PIFMESITOFTIREOS ALLSTATE. SOUSEX NICIPA'._ SR LC:AL AHD
All SPE_IAL ASSESSMENTS ::O!. LE'ie0 AS'WIL OES. VPN Al THE
S
SITE 6F FILING SrSF T.I15 NIP v1TX ECDUNSS RECORDER ARE
A ,IEN 16 MIST BAN AnialscIas BIT NOT YET PAYABLF ADD
SAIL BONG HAS
SEEN C AD>RGVEB Bi SALO THIRD CE
S IUSVF IIT S
LI SECT 1992
GERALD A MALDHET
:_ESP OF THE BOARS OF SUPENVI50N5
CAEN TAv HENS
F. HAYNE SLIP.
CuuATY THX CONNECT-CR
BS
SIGNATURE OMISSIONS
S EDU TY
HEADLINE TU SEC INDS E8438 DE THE 51.6500.1S150 NA, ACT.
11
5I6 TITRES Sr SHE EON/RUINS DVHERS BF EASESTD FS a46/Dk l'E!HER
1NIESESTS HAVE PEEN UHIT SEC
N ESSENENI 1N F&'VTR SF THE HOMES '.,. ANS CONRAN./ AS E
MAP DF IME SUDS C= 'HE -TENET LANE COMPANY ON FILE 1'
PACE 14 iF NAPS IIECONOS OF MIXERS]CE CA'14 TY, CALIFCn'
ARE HEREBY
E Sia<ET
SN.1LCH TESTS
DAI EA
DECEMBER 1989
SHEET 1 OF 4 SHEETS
SECONDER'S STATEMENT
.992
SHE EDIT REPS.
NG
rEE
VIL_Ian r EINEPL e. COu41Y PCCORCER
C£PUTS
NLOS EY Is,R4 GN[aaxrEE ETAN L EPICS.. I FLC
I S5510S:"E COME...
ENGINEER'S STATEMENT
IHEREBY S'LTE THAT I e e FEGIEIEFEC
.'4EL ENGINEER OF THE STATE DE CA, IFOSEHA ARC IHST
COND IH I T OF FCUN (PE SHEET; CORRECTLY FFIEHLEX_NPF SUOTEY
MATE ..PIOE41 BLEERVISIDDDURING CI MB P OF ISBN PIA, ALL
40I111M HT$ SHOWN HEREONCTUALLS E%I$ANC'HEIR POSIT:CPS
ARE CLRNECT AC'N, OP ILL SE IN XPCORDANOF WITH THE :1S C
TIIE EICHEIDENTEDD ALONENESS FOR THE HAP I.E MONUMENTS SILL BE
SLIEFILIENE Tr ENABLE SHE NUR' / TO F RETRACED. THE APE. IS
:HOE AFF C PLES.:C LS S5JUN
SATED.1991_r /es�
SAVIC E. CCPTELL --- -
REGISTERED CIVIL ENGINEER NC ]
FIPTPES tl:]
CO
9
Tr 10FOURS „T SC
FlED ,_N E TENITYIVF P.
SEHOIVISCSN MAP ACT,
SHOE NIECE It 5TN EASE BEEN
SATISFIES DOLT as IS TECMNICALLT
1u SFS
NG)
PUBLIC WORKS DIRECTOR'S APPROVAL
TREEl EEC ILH FL _-xs a is JrIL ITx EASEMENTS SHOWS AS
TM" THIN a
niv ARC USHERS SPELLS VEX HNls _OAS OF
DADS IC ISLES DEFECTOR, TUT OF SA4 JACINTO
PLANNING COMMISSION STATEMENT
TO/NEAP COESTi155 ON SEC C ORO B-:F WITRO ME 'n1:HlSNEHEi15 p EAN
INE t A OULT' JTHOFIIED POET E ELC TME...IA F 1992' a
CITE Cf BAN ,1ACINEn _ALTFORNIA
:EENETAHS, E..S u. .AN JACII:TS PLa4NINN CDTNI_SIO
C A TEO THIS__SAT OF__._. ,199E,
CITY ACCEPTANCE STATEMENT
THE TS ITS [OEENL CL OF 5 4 JACt4T6. `DEEP YT 'F
HAP. a4O ACTOPTS I THEE J SPEARU pc'lfl
TEAS. ISO PUFPC5
TINSELS 'JPCF THE
CUSSES A„NO FIFE
ON ]H l[VER Ni CR
ASSESS
-FIis CLERK
TI tT 5F DA 4 JICIN'S
EDEN 1 S. CF EINETSiDE.
SSA r. ER ALTFUNNTA
MA SCR
TAX COLLECTORS CERTIFICATE
I HEREBT LEPTrTY ISLE ACCCDO(NG 10 HE RECDPCS GE nc5
TELFFIE/ AD OF THIS (]AIM THERE ARE NO LIENS A:AINST THE
Et
COUNTY FUN/LIP X5NLOLOCAL TAXES B TAXES GRSP I IDEFAIA. Lt5ENSHENTS
COLLECTED raen. EP:EPS EASES 'S SPECIAL ASEESSMENES
COLLECTED AS TWOSE. SITE _ L �_ BU'e(SCT ET P 2._E WHICH
TE ES(SLHI (ESE TO BE 5 ^�t111uu
OHIEIT.a f}.1Sp_.g _ 1992
ATTS
SSCOT' P G i.. f[SCR
UT .d�M'd 1 i
SOIL'S REPORT
F
OS
:F
ETD
LJ L1 YC
]]OEMs
PPELIH[ qs s'OIL/L]HT P.'�AF EC B l.i AND EsEENDAEIDE. ENEHEELED9
INC OH The Je-e JAY OF ALGUST. SBJ aS H_DUIPEO BF IRE HEaL-I" ISO SAT
ONE HE CaLITOP.43A _:. C-IO, 4,951 EII
ENVIRONMENTAL DECLARATION
TN5 / LS/i.I .s cH'4Tea .IrEEEtEA, I s/ S IHOJ:4
P'4Y �y pirN >NE CAC�EiIR� .YS rSS
Jf4E4vARKY .E.2ec11XME Va.4,7/0,u5 fSSSHURx, ,,,E TES ''
E ACR ,
ENGINEER 'S NOTES
Bt515 N OE5N1165 ARE BASED p i3E CEN7ER1M IY
IENICIAN STREET 15 5E1A6 ' P W`I5'1l' f PEP
INLET 2290E-1, II I. 25106-LE
s 11D1CI.LC5 ELAMB IQ0O591 A51Olf➢
D Il01CLt15 5 5E1 1' I.D IRON PIPE VITO PLASTIC M16 510PE0
11511. R991 LI*E55 OTIEIIVISE RICO
IIOICI'E5 CECBI NA n B 161/01-lI 11415E 011ENV152 ID120
L ((95 IE1 IS 26,12 ACRES
LILO 1 IAA R.[. E. 11511 111 TOE IF WV 15
9111E LOT LIE M]ECtlOi6.
11111 PIPE TARO R.C.I. 31574 '0 BE Sfl. f1191
df ALL LOT CDRO M Igl POINTS IP 5ll1 OR tESS LO1 LON5.
ILL I099,21I75 WI WILL C 1N 4P1121214 VITO RIY01512E CaN1Y
12151126 161.6.
m1C1175 52FS u6115 ESIRIRG
Al R0M21125 MOW '9E1' SISAL SE SET IN LCLOIbW,
11I15, TN i690.100l01 ISEDENI FIR 19LL5 NP, TRUSS
OIE151152 I1911
Of1Y6E 056HRE5 MALL Of y1 RC O BIHDINS YE OSSI1KT106
IN THE CITY OF SAN JACINTO ANC THE COON)/ OF RIVERSIDE. CALIFORNIA
TRACT NO. 22900-2
B IN A SUBDIVISION OF TH PORTIONS OF BLOCKS 90 6 91 OF THE LANDS OT
THE lEMET LAND CAM ANY AS SW AN BY HAP ON FILE IN BOOK I. PAGES 11 6 11
0" M PS. RECORDS 0 RIVER51D COUNTY, CALIFORNIA. IN SECTION 1, T. 5 S.
R. 1 V.. S.B-M.
CSL ENGINEERING. INC.
HI. 1' I P B [. E IIP]
97- Mt91, PEP fl 0. 1R/62-69
BLOCK 91
HEMET LAND COMPANY
N.B. 1/14-15
BLOCK 90
VABHENSTON AV
00' PEP (Hi 119.91'
29
2T
9B
92
29
IS
) 69 IN la
I--
MEMET LAND COMPANY 2®r
22 (•jl 2B 10 ` 10
1 �Y �
H.S. 5111-15 '2B ( S
{109'S]il]'EI 111.91'I 11911 WII
/` S '1BI'161511ID 1211I
DECEMBER 1989
10 5
16
I Ill/l
\ t 50R
P. RILED L I 1962, 26
EU P" L 9 2611. PER 0 6
5 1.6E56-91. P 9 1691.9-51
7//6-51
STEP_ING SPMFET
[ID RP
Ml, I' I P TIE=N L 5. 2961- IN LIE..
O R.C.E. 19152 PER I B 162A2-01. 0.12
EAST O LINE- IO0P1E7 CII SWIN LIE.
959.00'1
Fll I' I.P., 1156E0 L.S. 9992. IN LIEU -/ $ 999 H' IE5SLIVT
O P.6,E. 19152 PER N B. 16Y/OI-DI, OAT TRACT NC, 209191 `
IASI 0 LIE, HP
POI 591111 LINE M. B. 167/09-411 It E0, I' I.P. S, C,C, 12116 CN CB
t--PEfl n B. 111/9 5. X.6. 161/113-91,
E N B 791/16-111 Accrnm AS C IN1. NNgEY SW I WOMAN 51
FERNLEY AWE,
SHEET 2 OF 1 SHEETS
Il
A
SCALE 1' A 200'
9 100 III III) 600
MANIC S[5E :N rEET
QA PEA DEED aroma A9 moony N] 1D. 111359, E10(02 11-22-09
Ill
IN THE CITY OF SAN JACINTO MU IEE COUNTY OF RIVERSIDE. CALPFORNIA
HEFT 3 OF 1 SHEETS
In
CD Vi
26
cn
n
t
cn
U
O
4B9'II'I
MP00
33
MO 9.9
289.19'11.
39'II.1
27r
49.52
1.1E
FO I' I.P 916629 L ]. 3961. IX L122
6' P.L E. 15451 PEA 4.B 161:0S-04 B.
EMI OF LI1£. I1EEP1F2 !39 9w19 1I1ff.
RACT NO. 22900-2
BEL G A SPREIVIST N OF P RT OHS DE BLOCKS 50 9 9I DC THE LANDS Of
THE NENEHT HIND COMPANY 5 NONN BY MAP ON FILE IN SOON I. PAGES H A 15
OF APS, RECORDS OF FIDE SIDE COUNTY, CAI IFORNIA. IN SECTION 1, T. 5 5
R. V., 5.8_9.
CSL ENGINEERING, INC.
LOBE IOTA
PO 6fWIW 025122L°
11 X 617n6'It'L' Il Il
11 4 766•13•12'5 25 00
I] 2 15'15'11'F 21,21
11 a 05•51'w•B 2l"li
15 p C9'II'm'4 12.95
16 5 21'11'04'E A5 73
Ii p 61'11'66'E is 51
TI p 21.11W'E 19. 12
19 4 6112'131 I9. 6I
l70 A 02'01'4'F 19.4
211 A 61.12'13'E 50 II
Ili 4 w'Oi'm'6 a W
Ill B 59 23 43'F 25,99
I1 911'9'4'E 15.12
1 5 A 5112'13' 29 O]
16 I 8117161
Ill A 1.1417'E h b
III 12P41'Ivf ALA`
f19 A N'9,`E' 2! 16
125 Y 61'33.61.4 21 ,1
III A 2917211N L9. 65
lAO Y 69'N'22'v 31 35
r25 B 33'21'401 21 46
F21 Y 12.21'10'V
12] N 7170412372
129 A 16.19'25'A
83
76
S93F
H• 11N
lw 9'
75
I%, 5F
74
399 1
24
95./9'
21 51
21 16
19 65
82
DECEMBER 1989
CURVE DATA
K 2461.2 421293 1(925/ 1-66.6767
6l 2'3L LIP 6]C w 21 21 1, 36'
f2 rlevr Sla w' 00 a). 19 12..
C3 la'II'II' MD co' 11 el' 9 96'
fl 9'25'DI' IN,. W' Il St ' 16.93'
:] i'IS'BI- 456.w 23 B9' la 11'
26 Pol'94• IBJI. m' ,a 72' 15 12
2f'S1'm• ,C 10' 26 15' 13 11"
2 5 59 593 114.93' 12 16' S 21'
PI,'N• 700.90' III' 1la'
C9! I.19'11' 3330 4' 1.65' l 12'
CII l6'L5'31' ,42 w' :6 39' 11.21'
Cl! 16•15'26' 19.W' 28. 24' 11.29'
CI] 30.19'01' 4.m' 33.11' 17 53'
CII 2118"S5' 143.4' It. 97' 21. 15'
$�4 21411'
!i g l4
SEE SHEET
r91} 1 F i79
Iry F.
AY
Itl991'1 .9 190 51'
99.91' 11. el'
.. 6G w' I10. 55'
95 11'
Fla IC'I
TRACT NO. 20B16
M.B. 167/83-84
SCALE: i• :90'
O 30 60
120
FE
l00
4 SEE SHEET 2 FOR
ENGINEER'S NOTES
B.
60
42'11.27.1101
1 I916 9 F
IB^'21'61'M91
3m.99'
ew;,er�k.
65
7573 5 F
66
L F
1911.35'111
;DI m'
e
67 a
1210 s.6 ,S
a T 1 IJ M,2.92'3,•f-
6 R. n v'
eBASTMFVATF
Rl49 •„'l3 •V 15. 4r
SLOT 'X
106 36'
1131.12'S'E_41 /
l .<
I !! �-_
'3 Q
5•1E1/fi Fy
rei•1
56i81cz
. .13'
. i3'
CC
LIJ
15
Ua
16
775E 1,F
18
•
4
666.121361.I6L-
10513S r. C_u Cl
9 IT,.1I'
N. 1' 1 F. TISFO L.1. M62, SI LlFu /
6 A. C.E 24,S21[A 0./. IHR31. GI}'--,
EA]' 4 LIIE. Nlir NO F4 990911 WE. _ E j
;R
BERKLEY AVE.
Fa. 1• I P 4 C I MIS, 9. 6.6'.
PEA A . 121/3-5 9 B 167/61-11.
3 p.8. 221/76-43 N3p,F0 68 C 9I" WWI/ e'el B 601IOI2B 9*.
THE CITY OF 1AN JICIMTO MD THE COUNTY OF RIVERSIDE, CLLIFORMIA
TRACT NO. 22900-2
BEI G A SUBOIVISI N OF FORT DNS OF BLOCKS 90 9 91 OF THE LENTS OF
THE HEMET LENT CO PANT AS 5 OWN BY HAP ON FILE IN BOOK 1. PAGES 14 A 15
OF APS, RECORDS F HIVERSI E COUNTY, CALIFORNIA. IN SECTION 1. 1. 5 5,.
R. V. SDM.
CSL ENGINEERING, INC. DECEMBER 1989
SCALE: I' f30'
0 _O C-0 100 ITO OHS
6PAPRIC SALE 144 FEET
r0. I' IP I300B0 H.[E I121
FLOSE, PER A.9, I95,62i5
`.5, 1706.99'
949.5211'E
5 0)
38
9L99F.
j:
rir n�3
37
1105 9 E. = '
35
v99.1„13'v
ITS 0O'
34F
LINE DATE
CE on BEIRIK
'IY x 351516'E
11 X i6'S1'S9'F 22 52 719 x 11]'191]'E
11 II C9'I5 11'E 11 '6 IX, p43''S3][Y
6 x 00'15'T3'E IY'jY Ia 1''00'06'F
17 Y 117II.1).9 ,I. '1 1]3 x 19.20'S1'E
TB x 09.29'21.w 11.56 121 x 03'11'11'Y
19 a 91'01'19'A Ion iISF v5/21 u T
TIE x 91'21 19'E 15 19
ill H 3,75101.E 21 51 r
III x 00'BJ'Ol Y 25. Oe !
III Ti 0S7i519.0 71.]1
115 if w'1!'43•1 FT
SIB H 1110'961 21. 19
SEE SHEET 2 FOR
ENGINEER'S NOTES
351 0
]5.05 75..34' 'S. m'
$ ♦2
W fJ u TI lam ir.
ISO
OIOTrma
01
31 TT
Si
95
21
LOT RB3 I
•
49
1500 SF,
311 62'
SHEET
CURVE DATE
III 4,41E 0.15IUS AAA '315710
CI !'19 11' 970.00. To 91'
CS 2'11 05' 956 w' Is 53' L9. 11'
f1 1.55.33, 1 10 Bo' 21.63' If 32'
C5 Ie 4i �§' 'or ie m li T'
C6 1.19'53' 330 OF50' 2.25'
Cl 21'21'55. 150 00' 17.91' 21.15'
CB i9759 21' 50. CO. IT. II'
C9 C'w' SB 00' 9.111' I.II'
CEO 4'03 11' 354 05' 63 61'
cir 1'93'04' 1011.. w' 2I.91'
]59] S F.
o
58
1, 9.f.
MI'2T'32'YIRI
O D
7 ya (U F.
wM'1'
19i.9L --„•)' 9009 5 !
I9.91' \' ' 11'1!' ji'L'SPP4L
18'
/ x09'11'11'v
Fat 16'
79 1
SEE SHEET 3
1 6191 3.F. I`1'1,1'O1' ]f
W
aa_w'2^RRl
3379'11'4F'9
1�2.16'S'40.6 l9�
1.. oB'i?.14'2I `d8
16'31'E PFC L•IF T9
187'07 11'EI'
4A9'11'1]'M
U] 6]'
959'1VI
[Tf;S^'vlSI i tf)
N9'1.'Ufol'rvi'V (
3 L O r ,I
LSTILLI VAY ,;®
R M9'1i'11'VAABOAAL-
3 8200
r+•p 03 1 1
OF 4 SHEETS
O
T
:J i
J
LAJ
V
TO:
FROM:
DATE:
SUBJECT:
STAFF REPORT
Honorable Mayor and City Council Members
Brian McNabb, Director of Community Development
via Pamela S. Easter, City Manager
May 19, 1992
TRACT 21943
APPLICANT:
LOCATION:
Par Mat Partnership
Soboba Springs CA Limited Partnership
14168 Poway Road Suite 203
Poway, CA 92063
North of Lake Park Drive, east of the San
Jacinto River (Village I of Soboba Springs
Specific Plan)
DESCRIPTION
Request for Final Map for Approved Tract 21943, a six lot
subdivision for 75 condominiums that contains a total of 9.511
acres. The site is Village I of the Soboba Springs Specific Plan.
Staff and the City Engineer have reviewed Final Map 21943 and found
it to be in substantial compliance with the Conditions of Approval
and Subdivision Map Act.
The applicant has elected to post bonds to ensure construction of
the public improvements prior to recordation of this map.
RECOMMENDATION
Staff recommends the Council approve Final Map 21943 and authorize
the Mayor to execute the subdivision agreement and signature of
Final Map for recordation of this map.
BACKGROUND
Tentative Tract 21943 was approved by the Planning Commission on
June 2, 1987 by the City Council. The third and final extension of
time was subsequently approved. There are no more extensions
available for this map and the map will expire June 2, 1992.
Respectfully submitted,
BRIAN MC NABB
Director of Community Development
CC #1 1992\92-05-19.Mtg\21943.FM
MAP NO.
IN THE CITY OF SAN JACINTO, COUNTY OF RIVERS IDE, STATE OF CALIFORNIA
TRACT NO. 21943
BEING A SUBDIVISION OF A PORTION Of PARCEL. 2 AND OF A PORTION OF PARCEL 3, BOTH OF PARCEL MAP N0. 1950S
AS SAID MP IS ON FILE IN OWN 123, PACES 22 TYRO CH 25, INCLUSIVE OF PARCEL MPS. AND A PORTION DF THAT
CERTAIN 6O FEET NICE AVEIAE LYING BLTNEEN LOTS 3 AHD 4 OF THE You A. ESTUDILLO SUBDIVISION OF TRACT VII
OF RANCID SAN JACINTO VIEJO, AS SICWNN BY MP CN FILE TN BOOR 6. PAGE 304 OF MAP. RECORDS OF SAN DIEGO
VACATED PER DOOIENT RECORDED IN ROOK 1351, PAGE 591 RECORDS OF RtVENSICIE COUNTY
SITE DESIGN ASSOCIATES, INC. MAY, 1989
OWNER'S STATEMENT
I RETEST STATE MAT NE AYE TEE OPENS O THE LAID INCLUDED WITHIN
TIC SLR'IYISIOI STONY REIEOE THAT IE ALE TIE ONLY PERSONS UgSE
CONSENT IS IECESSART TO PASS A CLEAR TITLE 10 SAID UM, THAT NE
COSERI TO THE MAKING ANT PECODIN6 OF MIS S.BOINIS10N NAP AS
SOWN ATMIM RE OMSMINCHHYE BOUERINE, YE 1CRE1Y MINCE 10 PE
CITY OF SAN JACINTO TIE EASEICATS FOI GENERAL ACCESS AV INILTTY
PURPOSES FRO TIE MIRAGE EASEMENT ALL AS SSW OM SAGO REP,
50808A SPRINGS, A CALIFORNIA LIMITED PARTNERSHIP
BY PANT EARTH SRSNR ACALFORWA GENERA. IWRTHERSIYP
Y
AAATZ.
HY L R P AND A
GENERAL PARTNER
..LAW
UH VAR -�i�51
B
(ONNIA CORPORATION
BENEFICIARY'S STATEMENT
EMPEA) RWAOMNT SERVICE£ A CALIFORNIA I..IWITED
PARTIFRSHOP. LS BENEFICTA (RUN DES O HUSE RECOVER
FEBUARY IS. T933 AS I .J? A T NO. S1987, ICa. IECODS.
V.
SIIE 0E5N0N ASSOCIATES ITC , A CAL IFORIA COIIPOAT IS1. AS
OAIHAMVRAINIOF LION TROT CERTAIN IECWNICS LIAR
MOCKED JAY 20. 1990 A5 MOMENT IC. 26811416; AV DEER
THAI CERTAIN NOTICE O PNAING ACTION NCOmE6 !KNEADER IS
19E0 A5 pTNAN NO II I63S
J-848
RLANNINO COMMISSION STATEMENT
THIS HAP. TRACT NO 21943 SU95TANTIALLT COSFO815 TO
TENTATIVE HAP NO, 2194] MICH WAS APPROVER BY THE ;'I TY
Of SAN JACINTO PLANNING COSH55I011 IN ACCORDANCE WITH THE
LAW IN A DULY AUTHORIZED !RIEI MG HELD ON
CITY CF SAP JACINTO. CALIFORNIA
SECHTTARY. CIl'f (W SAN JAC IN TO, PLAIN tNG GO RlI SSIDU
DATED THIS DAY CIF 19_
CITY COUNCIL STATEMENT
NE CITY 'GUOIL O SAN JACINTO. AUNTY LW RIVENSIUL.
STATE 6F CA IFORNI A, BY AND IIIROUGII ITS IDLY AOMORI ZCD
OFFICERS. HEREBY APPINNES SAID FINAL NAP, ANC ACCEPTS TIE
DEFER OF DEDICATION MADE HEREON, FOR PUBLIC ROAD WO
PUBLIC UTILITY PURPOSES. PURSUANT TO SECTIONS 66472.2 OF
THE STREETS AND HIGIMAYS CODE THE CITY COUNCIL
NERDY ACCEPTS THE OTTER Or DEDICATION OF THE
EASEMENT FOR GENERAL ACCESS AND UTILITY PURPOSES.
DATED CITY Of SAN JACINTO
COUNTY OF RIVERSIDE, STATE OF CAUfERNIA
DT'
RAYON
AT VLSI'.
CITY ENGINEER'S STATEMENT
I Hi; REOY STATE THAT I HAVE EXAMINED THIS 14P AND FOPID IT
TO SC SUBSTANTIALLY THE SAE AS IT APPEARED ON THE
TESTATIL2 NAP: THAT ALL CF THE PROVISION OF CHAPTEP. IDE
(SUOCIVISIO1 NAP ACT), STATUTES Of CALIFORNIA, 1943, AC
OF THE SAN JACINTO CITY ONOINAFL NO, 97) PAVE BEEN
CORLICO WITH; AND THAT I AN SATISFIED TITS MAP IS
TCCIUIEALLT CORRECT AS SICAHI,
DATES L A4'N1sf� ;Eft-J.
ICTINO CITY CNG IFECR
C
SHEET I OF S SHEETS
RECORDER'S STATEMENT
PILED THIS _ DAY Of IVES AT H.
IN BOGC Of NAPS, AT PALES ........._Tr THL
INCUBI OF 1HE CITY CLEW(,
TEE
NO
NIELSAN C. MERLE. COUNTY RECORDER
B ' DEPUTY
SUBDIVISION CLIARANTEE: COFNO>EALTH LAND TITLE COAPAIr
TAX COLLECTOR'S CERTIFICATE
I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS
EFFIEE AS OF THIS DATE, TIERE ARE NO LIENS AGAINST THE
PROPERTY SNOW ON THIS MP FOR UNPAID STATE. COUNTY,
MUNICIPAL OR LOCAL TARED OR SPECIAL ASSESSMENTS COLLECTED
AS TAKES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED
AS TAKES NOW A LIEN OJT NOT 'OCT PAYABLE. WHICH ARE
ESTIMATED 10 BE 9
DATED TNIS DAY Of IS
R, WANE WATTS
MAP/ TAR COLLECTOR BY:
ENGINEER'S STATEMENT
OUTFIT
111ERBY STATE THAT 1 AN A REGISTERED CIVIL ENGINEER OF
TIE STATE OF CALIFORNIA ANC THAT THIS NAP CONSISTING OF
SHEETS CORRECTLY REPRESENTS A SURVEY MCC UNDER MY
SINERVISION DURING OCTOER OF 1988; THAI ALL. MONUMENTS
SHOW HEREON ACTUALLY EXIST AFC TEETH POSITIONS ARE
CORRECTLY SNOW, OR WILL DE IN PLACE WHIN ONE YEAR FRIAR
SATE Of RECORDATION Of THIS MAP. THE MOANCNTS WILL BE
SUFFICIENT TO ENABLE THE SURVEY TO BC RETRACED. THE
SURVEY IS TRIO ASO COMPLETE AS SAWN,
SATED 4-13-7L
IIT MGOTMTSR LIMES MOWN RESISTS V ENIA.
STREET SUPERINTENDENTS APPROVAL
TIE UTILITY EASEMENTS SHOW ON THE WITHIN ANNEXES MP ARC
HEREBY APPROVED THIS SAY Of T9
IRECTOI OF WALK WORKS. CITY OF SAN .MCINT
SOILS REPORT
A PRELHIINPY SOIL REPORT IIAS PNLPAREO BY GEDSOi1.5 INC,
Os THE IDIN DAT OF MARCH. TART. AS REWIRED Yr 1HE TIE ALTO
AND SWEETS CODE.
TAX EONS CERTIFICATE
HASE BBEEEN CEDUCUTEDTFIANT D FILEDONUNTTIE E BARD OrgIE TV;TTZSOOS
DF THE CONTY Cr RIVERSIDE, CALIFCRNIA, CONDITIONED UPON
THE PAYMENT Of ALL TAXES, STATE. COATY. MUNICIPAL. CO
LOCAL, AFC ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES.
WHICH AT THE RIK OF FILING Of THIS MP WITH THE CORTY
RECORDER ARE A LIEN AGAINST SAID PROPERTY BUT NOT YET
PAYABLE AMT SAID BONO HAS BEEN CULI APPROVED RS SAID HOARD
DF SUPERVISORS.
DATED: TI
CASH TAX BONO
CASH TAX 110N0
R WAYNE WATTS
CGANIY TAX C .LECTGT
BY DEPUTY
LEANLY A, HALOxv
CLERK O' TIE BOARS Of SUPERVISORS
BY, DEPUTY
MAP NO.
IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
TRACT NO. 21943
DOING A SUDDIVIS ION Of A PORTION OF PARCEL 2 AND A PORTION DE PARCEL 1, BOTH OF PARCEL MAP NO. 19E105 AS
SAID HAP IS ON FILE IN DOCK( 123, PAGES 22 THROUGH 25, INCLUSIVE OF PARCEL MAPS. AND A PORTION Al THAT
CERTAIN 00 FEET WIDE AVENUE TYING RETNEEN LOTS 3 AND W OF 111E JOSE A. L51E101E 5 SUBDIVISION OF TRACI VII
Of RANCHO SAN JACINTO MEAD, AS SHO0M DY MAP LKI FILL IN 500K 4, PAGE 304 OF MAP. ACCORDS OF SAN DIEGO
VACATED PER DOC(HENT RECORDED IN 400N 1551, PAGE 591 OF RECORDS OF RIVERSIOE COUNTY.
SITE DESIGN ASSOCIATES, INC.
NOTARY ACKNOWLEDGEMENT
STATE OF CALIFORNIA)
WAIT OF SAN DIEGO)
ON THIS AIX:91 DUO OF A j>a,4tl_ 1911A
BEFORE ME /../,.N. Lainsct
AY P11
O01030E00I�ICC IJ M .0
AND FOR SAID STATE, F'ERSSLNAELY 4i/1'FFARED
OPP VED 16 MEAN TFIC OASIS OF SATISFACTORY EVIDENCE ATyVG
SO OE THE PERSON We EXECUTED TINE WITHIN INSIR N
GENERA! PARTNER OF PARMAT PARTNERSHIP. A CALIFORNIA
PARTNERSHIP, THE PARTNERSHIP THAT EXECUTEO THE WITHIN
INSTRUMENT ON EXHALE OF SONORA SPRINGS, A CALIFORNIA
L INN 1ED PARTNERSHIP. TIIE PARTNERSHIP THAT EXECUTED TIIE
WI THIN INS I RLMENI AND ACKNOWI FOGEO TO ME THAT SAID
PARTNERSHIP EXECUTED THE SATE AS SUCH PARTNER AN0 THAT SUCH
PARTNERSHIP EXECII IED THE SAME.
WITNESS MT HAND
ANY U L I INR A1I AFl reliSA IP ST4
2A2/' ,aY N
Hy IXA9HISSIDN EXPIRES ✓a+✓Ns/y/11
MT PRINCIPAL PLACE OF KISMET,. IS /TT `fwlc TITMIT
LA lbw99A G] 111 y/
NOTARY ACKNOWLEDGEMENT
STATE Of CALIFORNIA)
COUNTY OF SAN DIEGO 5.5.
ON 4-a 3-'Z BEFORE K./✓;/(i—r N Ln.-''CA(sy
A I(i Y ET I 1G f I ANO FOR SAID STATE, PERSONALLY APPEARED
AT' CTY ti EVIDENCE
30 t PROVED BE (E E0 THE OASIS HO
SAT ISFACWFY EVIDENCE TO BE THE LCCTIIRSONS WHO
CALLfA IFO N THE
CAi WITHIN
RDNrL IiPPCORPORA] IONS THUS 'ESICETEO' TOE
WITHIN INSTRUMENT ON DEHALE OF SOBOO4 SPRINGS, A EAT !FORA IA
LIMITED PARTNERSHIP, THE PARTNERSHIP THAT EXECUTED TOE
WITHIN INSTRISMLNT AND ACKNOWLEDGED 10 PE THAT 91CH
CORPORA] ION EXECUTED THE SAE AS SUCH PARTNER AUTO THAT SUCH
PARTNERSHIP EXECUTED THE SANE,
WITNESS FIT HAND
Ef�y ,X»w�L its Y DE IC HT Airy TOR SA 16 STATE
_64I//'w-T N. la c 4 C
MT COAHISSION EXPIRES ✓a.. "PF7 /Y.1T?C.
MY MHINCIPAL PLACE OF UGJNCS, IS 1AL11 fAtt ay(
u 1NAE.c•, GR. 411 V/
J-1A8
STATE O CAL]FOHN]AI
CO3TY IY CALETTACHF40.14
CN 11115 '4lIAY O J3I4/ 19$Q BEFORE NE TIE
THE INIERSIGNEO. I RATRRY PUBLIC III AR1 FOR SAID STATE,
PEI:SERIALLY APPEL'EO Y H. SHEPHERD, PERS9IULLY KAANN
TD
.? TO RE RE GENERAL PARTNER OF
TIE LIHIlE9 PIDIPERSH]P THAT EXECUTED THE Y1M1N INSTEBENI.
PERSONALTY ARON TO TIE 7.
.+�..ri.vv...,..Mr.,.f 42_.. ID BE lit PERSON EAU EXECUTED
lit WIMP( INSIRRENI ON BEHALF OF SAID PARTNERSHIP
AS BENEFICINY.
NTTTE55
TART ULIC IN IID FOR SAID STATE
PRINTED NA1E B,L/-/P
MT COAIISSIOI EAP11[5 19]02fr AO; /004
RA PRINCIPAL RACE O DUSITENS Is '3-4O sAI. /NKZ0 Lr
UN/rr,' . no 9•dl•f
STATE O E IFMllal
Ca1NY O SAI1101E5D1 S S.
ON THIS AJ.,NAY DF _SPI544 I9yj BEFDHE MP THE
THE IHADERSTOEO, A NOTARY EARL IC} TT ATU E01 SAID STATE.
PENELA0f>JLLY APPEARED ,
W K TO IEASA,A PROVED TO 1E MIME BASIS OF
SATISFACTORY EVIDENCE TU DE f'ft);A/tATA
O SITE DESIGN A5510HATES, A CALIFORNIA CORPORATION. THE
COEOtMIICN THAT EXECUTED lit WITHIN IHSIINAE111 Aril PE11`5LNALLY
KNOW ID LE TA BE TIE PERS06 NU EXECUTED THE SATE ON BEHALF
OF Silo CDRPOATIO4 NU ACNPOILEWED TO NE HUI SAND
CO1CNAIIO1 EXECUTER lit SATE P1*15UANi III 115 BYLAWS OR
A RESOIITICN OF 11S BOARD OF DIRECTORS.
Y]1NE55 NY 11.114)
NOTARY RABIC IN ANC FOR SAID STATE
PNNHED Ulf W.IA"a fl. L a..ra ate
HY CIAII551O1 EXPNES ✓Lawry If /11G
HT PRINCIPAL PEACE OF BUSINESS IS SAN DIEGO CHANTY
MAY, 19E19
SHEET 2 OF
MAP NO.
C4LAMCNCY ACCOESS PIROY/PCP
ay N403.97 ,w,v G Cut-Ar,w '
VLMMU444 ACC999 PUF9U4Nlt
]C R➢NAG&AAV 9 S AYSrRUMINT
40. /65704 A'CCCAPPCO Mir 1•4,' a4E
IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
TRACT NO. 21943
BEING A SUBDIVISION OF A PORTION OF PARCEL 2 AND OF A PORTION OF PARCEL 5, BOTH OF PARCEL IMP NO 10005
AS SAID MAP IS ON FILE IN BOOK 123, PAGES 22 THROWN 25, INCLUSIVE OF PARCEL MAPS, AND A PORTION OF THAT
CERTAIN 00 FEET WIDE AVENUE LYING BETWEEN LOTS 3 AND 4 OF THE JOSE A. ESTUDILLO SUBDIMSION OF TRACT
V11 OF_ RANCHO SAN JACINTO VIEJO, AS SHOWN UY MAP ON FILE S4 BOOK D. PAGE 304 OF MAP, RECORDS OF SAN
DIEGO VACATED PER DOCUMENT RECORDED 04 BOOK 1351, PAGE SDI, RECORDS Cf RIVERSIDE COUNTY.
SITE DESIGN ASSOCIATES, INC.
80'/VVEMENVE AS\
fER M?PONPYLE lY \
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EASEMENT NOTES
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IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
TRACT NO. 21943
BEING A SUBDIVISION OF A PORTION OF PARCEL 2 AND OF A PORTION OF PARCEL 5, BOTH OF
AS SAID MAP IS ON FILE IN BOON 123. PAGES 22 TNROUGH 25, INCLUSIVE OF PARCEL MARS,
CERTAIN GO FEET WIDE AVENUE LYING BETWEEN LOTS 3 AND 4 OF THE JOSE A. ESTUDILLO
VII OF RANCHO SAN JACINTO VIEJO. AS SHOWN BY MAP ON FILE IN 6001( 6, PAGE 304 OF
01E00 VACATED PER DOCUMENT RECORDED IN BOON 1551. PAGE 591 RECORDS OF RIVERSIOS COUNTY.
SITE DESIGN ASSOCIATES, INC.
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MAP NO.
[es'PMEW,T[ACYved/car IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
4'A'l90 [49rHeVT T 371,3 )
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TRACT NO. 21943
BEING A SUBDIVISION OF A PORTION OF PARCEL 22 AND CFA PORTION OF PARCEL 3, BOTH OF MRCEL MAP NO. 19005
AS SAID MAP IS ON FILE IN 000K IBS, PAGES 22T POUGH 20, INCLUSIVE OF PARCEL YAPS, AND A PORTION OF THAT
CERTAIN 80 FEET WIDE AVENUE LYING BETWEEN LOTS 3 AND 4 OF THE JOSE A. ESTUDILLO 5uSDIVISIDN OF TRACT
VII OF RANCHO SAN JACINTO VIEJO. AS SHOWN BY MAP ON ALE 4N BOOK 6, PAGE 304 DE MAP, RECORDS OF SAN
DIEGO VACATED PER 000UMENT RECORDED IN BOON E351, PAGE 531 RECORDS OF RIVERSIDE COUNTY.
SITE DESIGN ASSOCIATES, INC.
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STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Les Evans, Interim Director of Public Works
DATE: May 19, 1992
SUBJECT: POLICE DEPARTMENT PARKING LOT PROJECT
NOTICE OF COMPLETION
RECOMMENDATION
Accept the Police Parking Lot Paving Project and authorize recording a Notice of
Completion and approve a change order to the contract in the amount of $1,561.00.
BACKGROUND
On March 17, 1992 the City Council awarded the Police Parking Lot Parking Project to
California Asphalt and Grading, Inc. at a contract price of $20,160.21. During construction
it was decided that an additional thickness of asphalt should be placed in the area used by
the trash trucks. The cost of the additional asphalt and base material was $1,561.00
The project has been satisfactorily completed and the parking lot is in use.
a:PDPkglotNOC
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 Grading and Paving
Improvements for the City of San Jacinto Police Department Parking
Lot
has been completed and was accepted by the undersigned awarding authority on the date
hereof.
The contractor on such work was California Asphalt & Grading. Tnc-
and the surety bond is with Raintree Insurance Agency
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)
180 West 6th Street
Date: May 19, 1992 City of San Jacinto
(Date of Acceptance)
STATE OF CALIFORNIA) By
ss
COUNTY OF RIVERSIDE) Title
(Name of _Political Subdivision)
Director of Public Works
I 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
TO:
FROM:
DATE:
SUBJECT:
STAFF REPORT ENDA.N.5.12.;
Honorable Mayor and Members of the City Council
Les Evans, Interim Director of Public Works
May 19, 1992
PEDESTRIAN SIGNAL PROJECT AT ESPLANADE AND
COMMONWEALTH - NOTICE OF
COMPLETION
RECOMMENDATION
Accept the Pedestrian Signal Project and authorize filing of a Notice of Completion.
BACKGROUND
On November 5, 1991, the City Council awarded the contract for furnishing and installation
of Pedestrian Signals on Esplanade Avenue at its intersection with Commonwealth Avenue
to Amp:o Electric, Inc. for $14,300.
After c=nsiderable delays due to problems in acquiring equipment, the project has been
completed and is now in operation.
a: pe dsigNoticeof Co mpl.
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 Furnishing and
Installation of Pedestrian Signals on Esplanade Avenue at the
Intersection of Commonwealth Avenue
has been completed and was accepted by the undersigned awarding authority on the date
hereof.
The contractor on such work was AMPCO RT.ECTRTC, TNC'
and the surety bond is with
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)
Esplanade Avenue at Commonwealth Avenue
Date: May 19, 1992 City of San Jacinto
(Date of Acceptance) (Name of Political Subdivision)
I
STATE OF CALIFORNIA) By
ss
COUNTY OF RIVERSIDE)
Title Director of Public Works
I 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
STAFF REPORT
AGENDA 6) •_�
To: Honorable Mayor and Council Members via City Manager
From: Chief of Police
Date: May 19, 1992
Subject: Extraordinary Responses to Disturbance Calls Ordinance
RECOMMENDATION: Introduce Ordinance No. and Waive the
Reading in Full
COMNIE+NTS: Statistics have shown that police departments
respond thousands of times annually throughout the State of
California to reports of loud and disturbing parties. They are
frequently required to respond a second or third time to disperse
unruly, disruptive participants. As a result of these second and
third calls to disturbances, police officers are unavailable to
perform more important duties that have greater community priority.
These calls are a serious drain on manpower and leave other areas
of the City exposed, with no available officer, or assistance,
should the need arise.
The proposed Ordinance would permit the police department to place
on notice and in writing, the responsible person or person -in -
charge of the party on the first response, that should we have to
return, they would be subject to a citation and special policing
fees. The courtesy notice would state to the responsible person or
person -in -charge that a threat to the peace, health, safety or
general welfare of the public exists and that voluntary compliance
is requested. Thereafter, should we be required to return a second
or subsequent time the owner or person -in -charge would then be
subject to a citation and "police service costs" as a result of
requiring the deployment of special security personnel. If the
person -in -charge is a minor, the parents will be charged.
The process is basically a civil action whereby the billing is
handled through the city with no criminal court action required.
Should the party refuse to voluntarily pay the charges, a Small
Claims Action will be filed in Small Claims Court. These attempts
at collection will constitute a debt to the City of San Jacinto and
may include attorney's fees if such is required.
It is felt this Ordinance would provide sufficient latitude for the
enforcement of a very time demanding and costly service. All too
often officers waste good taxpayer dollars trying to bring under
Memorandum - Ordinance
May 19, 1992
Page 2
control rowdy and unruly persons who are in attendance at these
private parties and who normally are to intoxicated to realize the
effects on law abiding persons within the neighborhood.
Should you have any questions please let me know. This Ordinance
was presented to the Planning Commission and no concerns were
noted.
l ORDINANCE NO.
'. ] AN omoImamoE OF THE oIzr or oam uacImro,
« ESTABLISHING 8OCOnORI OF COSTS FOR
5 EormaOmoImaRr mEogomooa TO DISTURBANCE caLca
6
7 The City Council of the city of San Jacinto does hereby ordain as follows:
8
9 Section l, Purpose. The purpose of this ordinance is to establish ametbud
10 to allow for reimbursement to the San Jacinto Police Department for administrative
ll costs related to second and subsequent responses to gatherings which cause
12 disturbances on private property, including unlicensed paid admission dances or
13 nuonecto. Such gathering have been determined to he a threat to the public peace,
14 health, safety, and for general welfare.
15
16 Section 2. Detluitioos,
17
18 A. Party, Gathering, or Event: agroup of persons who have assembled
19 or are assembled for a social occasion or for a social activity
ZU on private property.
21
22 B. Person Responsible: Is the person who owns the property where the
Z3 party, gathering, or event takes place, the person in charge of
24 the premises, and/or the person who organized the event. If the
25 person responsible for the event is a minor, then the parents or
26 guardians of that minor will be jointly and severally liable for
27 the coots incurred for police services.
28 '
29 C. Person: Any person, firm, partnership, association, corporation,
30 company, or organization of any kind.
31
32 D. Private Property* Property protected from being taken for public
33 � uses; such property as belongs absolutely to an individual or
34 group of individuals, and of which exclusive right of disposition
35 belongs.
36
37 E. Administrative cuyty: cost of police personnel,
38 facilities, and/or equipment reasonably attributed to official
39 police activities in response to said gathering and including
40 storage costs for any impounded evidence;
41
42 F. Unlawful Conduct: Any violation of municipal or state laws/
43 including infractions, misdemeanors, or felonies;
44 `
45 G. Police Response: Any police actions reasonably necessary to
46 prevent injury or harm to person(s) at said party, gathering,
47 or event, and to maintain the public peace, health, safety, or
48 general welfare.
49
58 B. Special Security Assignment: The assignment of police officers
51 and services during second or subsequent calls to a location after
52 the distribution of a written warning that the party, gathering,
53 or event violates the law,
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-6%
� �63
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l Section 3. Procedures.
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3 A. First Police Resp000e, a written warning shall be issued to tl�r
4 person responsible. The warning shall inform the person
5 responsible that if police personnel are caqoicad to return to the
6 same premises or location because of similar or continuing
7 disturbances, such further responses shall constitute special
8 security services. Foctbac' this warning shall state the
9 responsible party will be charged for the coot of providing
10 such spacial security services. The warning shall be signed by
ll the person responsible or if there is a refusal to sign,
12 the warning shall have the words entered "refused to sign"
13 acknowledging receipt of the warning. A copy of the
14 warning shall be left with the responsible pazty,
15
16 B. Police personnel utilized during a second or subsequent response
17 after a first written warning will be deemed to be on a opeoial
is security asyioomeot over and above the services normally provided.
19 The person responsible will be charged for the actual police coats
ZO expended by the City` of Sao Jacinto on the second or subsequent
21 responses.
22
23 Section 4. Police Service costs,
24
25 A. Police services costs shall include personnel, equipment, and
26 administrative costs but shall not exceed one thousand dollars
27 ($l,OOO,OO) for a single incident. Such fee is deemed to be
28 supplementary to all other applicable fines and penalties and the
29 city does not waive its right to saab reimbursement for actual
30 costs exceeding the above amount through other legal remedies or
31 procedures.
32
33 B. The amount of such fee charged shall be deemed a debt to the ci'��`
34 of the person or peconoo receiving such services, and if mioozb�-�
35 their parents or guardians. Any person owing money shall be
36 liable in an action brought in the name of the city for recovery
37 of such amount, including reasonable attorney fees.
38
39 C. Personnel and administrative costs shall be calculated at a per
48 minute onot at current rates and which may from time to time be
41 amended. Equipment costs shall be calculated at cegal-r or
42 replacement value,
43
44 Section 5. Tmponodioq of Evidence.
45
46 A. The Chief of Police or his/her designee may impound any evidence
47 of unlawful activity from the premises which is the locus of said
48 gathering, including but not limited to stereo equipment, musical
49 instruments, radios, amplifying equipment, recording equipment,
50 and other reasonably related materials.
51
52 Section 6. Appeals.
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54 A. Any individual aggrieved by the decision of the Chief of Police
55 to assess any penalty under the provisions of this ordinance may
56 appeal to the City Council.
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SB
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l Section 7. severabilitv.
,2
3 A. If any part of this Ordinance shall be held invalid, such pact
4 shall be deemed severable and the invalidity thereof shall not
S affect the remaining parts of this Ordinance.
6
7 Introduced at a regular meeting of the City Council on the day
8 of , 1992.
9
lO monEo, passEm, AND amorTEo at a regular meeting of the city Council an the
ll day of , 1992 by the
12 following vote:
lJ
14 arEo;
15
16 NOES:
17
18 ABSENT:
19
20 ATTEST:
21
22 mayor
2]
The City of San Jacinto and
the San Jacinto Police
Department is seeking your
cooperation in preserving the
peace and to make San
Jacinto a desirable place to
live.
Disturbance calls are costly
and time demanding on the
taxpayers dollars. Each
response requires a minimum
of two officers and
dependent on the situation
may require additional
resources.
SA__N
JAG:NT!u ;' LICE
DEP°l ENT
ISTL
_t
C H; CALL
SPECIAL SEC TY
ASSIG
FEE
NT
(FIRST RESPONSE)
SAN JA,-..-tsiTO
POLICE DEPARTMENT
SPECIAL SECURTIY ASSIGNMENT FEE
FOR DISTURBANCE CALLS
(FIRST RESPONSE)
Police Officers receive numerous calls
involving loud, disturbing parties. They are
frequently required to respond a second or
third time to disperse unruly, disruptive
participants. Repeated calls to the same
disturbance leaves officers unavailable to
perform more important duties that have
greater community priority. These calls are a
serious drain on manpower and leave other
areas of the City exposed, with no available
officer, or assistance, should the need arise.
Therefore, to discourage and minimize the
frequency of return disturbance calls to
parties, a "service fee" will be charged to the
responsible participant(s).
JOSEPH M. KOZMA
CHIFF OF POLICE
C. I.#
-NOTICE=
This NOTICE OF VIOLATION given to
(Name)
(D.O.B.)
, at (location)
on (Time)
(Phone) , is the
result of a loud party and in violation of
California Penal Code Section 415
(Disturbance of the Peace). A second
police call to this disturbance location will
result in a service fee charge to you for all
City personnel and equipment costs
expended during this second, and any
subsequent, returns to this location. This
will also result in the dispersal of the party
with the violator(s) subject to arrest and/or
citation.
Responsible Party Signature
Officers Signature
(OFFICER'S COPY)
STAFF REPORT
To:
From: Chief of Police
Date: May 19, 1992
Subject: Public Parks Ordinance
AGENDA � • �' .
Honorable Mayor & Council Members via City Manager
M
RECOMMENDATION: Introduce Ordinance No. and Waive the Reading
in Full
COMMENTS: During the drafting of the Community Center Policy,
Rules and Regulations, Council requested the drafting of a parks
use policy also. The proposed ordinance for public parks is the
culmination of research through the League of California Cities
research library and various cities within Southern California.
The ordinance is drafted to inform the users that the parks,
recreation areas and facilities thereon are for the use and
enjoyment of individuals, groups or organizations yet, attempting
to ensure user responsibility as well as prevent City liability.
The City had no previous parks use policy or ordinance. In
researching the various issues associated with park use and
communicating with various cities on their parks ordinances,
several similarities arose as well as a few dissimilarities. Some
require permit use at a certain number of users, some permit
functions within the parks by non-profit groups only and eliminate
the profit seeker from using public facilities for such use.
However, the essence of most of the ordinances provided a case by
case review for use. This seemed to be the most fair and
equitable. Costs associated with the use by special request is
also recommended through the Resolution process, however, I feel
that further review must be completed to determine if a flat rate
should be charged or an hourly rate. Researched cities show some
have it flat rate and some have it hourly. Also in nearly all
cases where there was not a defined Parks Director, the City
Manager or his/her designee was defined as the Director.
I attempted to provide an overview within the ordinance of possible
uses within our parks, recreation areas and facilities as they
exist today and what may be on line for the future, so we do not
have to redraft the ordinance. Some of the terms touched on are
designated walkways, bikepaths, hiking trails, horse trails,
Memorandum - Public Parks
May 19, 1992
Page 2
swimming pools, lighted tennis courts and ball fields and etc. It
is also felt that whoever, within the City staff, has
responsibility for the administrative aspects of the ordinance,
should draft administrative guidelines and forms for use with the
ordinance. This would simplify future changes if necessary through
administrative change rather than define the day-to-day operational
aspects within the ordinance. The administrative guidelines could
cover signing by type and locations of placement, proper forms for
"temporary exclusive use permits", permit format, turn -around time
on requests for use, a small brochure in a condensed format for
public information on what is available, regulations and etc.
Should you have any questions I will make myself available to
answer your concerns.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN JACINTO ESTABLISHING
A NEW CHAPTER 9.25 OF TITLE 9 OF THE SAN JACINTO
MUNICIPAL CODE RELATING TO PUBLIC PARKS
The City Council of the City of San Jacinto does hereby ordain
as follows:
Section 1. Chapter 9.25 of Title 9 of the San Jacinto
Municipal code is hereby added.
CHAPTER 9.25
PUBLIC PARRS
9.25.010 - Purpose.
The purpose of this chapter is to regulate the use of parks
and recreation areas of the City for the optimum benefit and
enjoyment of the residents of San Jacinto; to establish
standards to prevent the misuse and destruction of City park
and recreation areas; and, to establish regulations to promote
the safety and comfort of users of the parks and recreation
areas as well as persons residing or owning property in the
vicinity of these areas.
9.25.020 - Definitions.
For purposes of this chapter the following terms, phrases,
words, abbreviations and their derivations shall have the
meaning given herein:
A. "City" means the City of San Jacinto, State of California
B. "City Park and Recreation Areas" means and includes all
grounds, buildings, improvements and areas dedicated for
use by the public for park, recreation or open space
purposes, and any part, portion or area thereof including
parking lots whether developed or undeveloped or over
which the City has acquired right of use for such
purposes.
C. "Director" means the City Manager or his/her authorized
representative.
D. "Chief of Police" means the chief law enforcement officer
of the City or his/her authorized representative.
E. "Person" means any person, firm, partnership,
association, corporation, company, or organization of any
kind.
F. "Vehicle" means any wheeled conveyance, whether motor
powered, animal drawn, or human powered. The term shall
include any trailer in tow of any size, kind or
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description. Exception is made for baby carriages,
strollers, wheelchairs and vehicles in the service of the
City of San Jacinto.
G. "Alcoholic Beverages" includes alcohol, spirits, liquor,
wine, beer and every liquid containing one-half of one
percent or more of alcohol by volume and which is fit for
beverage purposes either alone or when diluted, mixed or
combined with other substances.
H. "Hold Harmless Agreement" means an agreement or contract
in which one party agrees to hold the other without
responsibility for damages or other liability arising out
of the transaction involved.
I. "Insurance" means a contract whereby one undertakes to
indemnify another against loss, damage, or liability
arising from an unknown or contingency or act to occur in
the future.
J. "Application" means the preliminary request, declaration,
or statement made by a party applying for use of parks or
recreation areas or any specific facility within the park
or recreation area on a form approved by the City.
K. "Fee or Fee's" mean a charge fixed by law for services or
for use of a privilege under control of the City.
L. "Fire Chief" means the chief fire official of the City or
his/her designee.
9.25.030 - Rules and Regulations
The Director shall promulgate rules and regulations for the
operation of city parks, recreation areas and facilities and
shall set fees as necessary for their use. Such fees shall
become effective from the time they are approved by the City
Council. Such rules and regulations, or excerpts thereof,
shall be posted in city parks, recreation areas or facilities
if such posting is feasible in the opinion of the Director;
irrespective of posting, copies of such rules and regulations
shall be available to persons desiring copies thereof at the
office of the Director during business hours.
9.25.040 - Compliance With Rules Required
Any person entering in or upon any park or recreation facility
of the City shall comply with the provisions of this chapter
and all related provisions of this code. The operation of all
city park and recreation areas shall be under the control of
the Director. Maintenance and capital improvements of all
city park, recreation areas, and facilities therein shall be
under the control of the Director of Public Works. The Chief
of Police or City Code Enforcement Officers are responsible
for enforcing the provisions of this chapter and shall take
appropriate actions in the case of any violations thereof.
9.25.050 - Hours of Operation
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All parks, recreation areas and facilities therein, including
parking lots serving said areas, shall be closed to the public
between the hours of 9:00 P.M. and 7:00 A.M. the next day with
the following exceptions:
A. Lighted fields and courts will be controlled through
separate posting.
B. The parking lot(s) serving the area of any park or park
facility may remain open during the time said facility is
being used for special events and for one hour after the
closing thereof.
C. Parks and recreation areas may remain open during any
recreation program conducted or authorized by the
Director and for one hour after the closing thereof.
9.25.060 - Activities in Parks/Prohibited Acts
Unless expressly authorized by the Director, no person, while
in any park, recreation area or facility shall:
A. Practice, play, or in any way engage in the art of
archery except where expressly authorized by lawful City
posting;
B. Play or engage in active sports or games except on areas
set aside for such use;
C. Operate powered or line -attached model crafts of any kind
or description except in areas provided for such specific
activities;
D. Camp, lodge, or remain in park, recreation areas or
facilities thereon in violation of operating hours;
E. Bring, land, or cause to descend any airplane, balloon,
parachute, or other apparatus used for aviation purposes
except as may be authorized through special permit or in
emergencies, from the Chief of Police or Fire Chief;
F. Play, practice or in any way engage in the game of golf
except in areas provided for such specific purposes;
G. Swim, bathe, or wade in any fountain, pond, lake or
stream, except in pools provided for such purposes;
H. Picnic or lunch in a place where notice has been placed
prohibiting the consumption of food;
I. Use tennis courts unless wearing soft rubber soled shoes;
J. Give, present or engage in any exhibition, show, play,
performance, dance or concert for monetary gain unless
authorized by special permit;
K. Use electrical amplifying equipment, unless approved by
special permit;
L. Use any restroom, washroom or dressing facility not
provided for his/her sex, other than a child under the
age of six years accompanied by a parent or guardian; or
M. Possess or discharge any weapon, fire -cracker or similar
fireworks material except as authorized by special
permit.
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Authorization by the Director shall not relieve any person so
authorized from complying with all applicable ordinances and
laws and securing all necessary permits otherwise required.
9.25.070 - Animals in Public Parks
Animals in public parks shall be authorized as specified in
San Jacinto City Ordinance
9.25.080 - Alcoholic Beverages
No person shall transport onto a city park, recreation area or
facilities thereon, or consume within any city park,
recreation area or facilities thereon any alcoholic beverage
unless expressly authorized by the Director.
9.25.090 - Soliciting, Selling and Advertising
No person shall vend, offer for sale or dispose of any goods,
wares or merchandise, or conduct any business within a city
park unless authorized to do so by the Director. No person
shall distribute, circulate, give away, or throw or deposit
any hand bills, circulars, pamphlets, tracts, dodgers, or
advertisements, or post, or affix to any tree, fence or
structure situated within the city park or recreation area,
any such hand bill, circular, pamphlet, tract, dodger or
advertisement, unless authorized to do so by the Director.
9.25.100 - Plants
No person shall pick, dig up, cut, mutilate, destroy, injure,
disturb, move, molest, burn or carry away any plant or
vegetation, or portion thereof, including aquatic plants.
9.25.110 - Rubbish
No person shall leave, dispose of or throw away any garbage,
refuse, cans, trash, ashes, bottles, broken glass, or like
substances except in receptacles designated for such litter.
9.25.120 - Open Fires
No person shall ignite, maintain, or use any fire in a park,
recreation area or facility thereon except in designated
cooking areas or cooking devices designed for such use unless
approved by the Fire Chief.
9.25.130 - Vehicles Prohibited
No person shall drive a vehicle within any park or recreation
area except on roadways so designated. This section shall not
apply to City vehicles in the performance of maintenance
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duties or emergency or public utility vehicles in the
performance of official duties.
9.25.140 - Emergency Closures
The Chief of Police or Fire Chief shall have the authority to
close any park or portion thereof and require the exit of all
persons therein when it is determined that conditions exist
which present a hazard to public safety.
9.25.150 - Children
No person shall permit any child who is incapable of caring
for himself or herself to play in any playground area, or swim
or play in or near any lake, pool, drainage ditch or retention
basin, except in areas which are fenced and set aside for such
use, unless such child is attended by a parent or guardian or
authorized adult. Areas shall be posted by the City and set
aside for such special activities prior to use.
9.25.160 - Skateboards
No person shall propel any skateboard or motorized skateboard
on any sidewalk, bikeway, bicycle path or trail, equestrian
trail, or hiking or recreational trail within any park or
recreation area unless such area has been set aside for such
use.
9.25.170 - Temporary Exclusive Use Permit
Parks may be made available for members of the community,
service or youth organizations or for activities sponsored by
or supported financially or otherwise by the City, subject to
the issuance of a "temporary exclusive use permit" by the
Director and any reasonable conditions and fees associated
with such petmit.
9.25.180 - Temporary Exclusive Use Permit -
Liability/Insurance
A person issued a "temporary exclusive use permit" shall be
liable to the City for any and all damage to parks, recreation
areas or facilities thereon which results from the activity of
the permittee. No permit for temporary exclusive use of any
park, recreation area or facilities thereon shall be
transferred without the consent in writing of the Director.
The Director may require a permittee to provide public
liability and property damage insurance and indemnification
provisions as may be appropriate to protect the City and the
public using such areas and facilities.
9.25.190 - Application Process for Issuance of Permit
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A person requesting the issuance of a temporary exclusive use
permit shall complete a Certificate of Compliance provided by
the City and any additional documentation the Director deems
necessary for processing the request. The Certificate of
Compliance may be obtained by contacting City Hall. Upon
approval of the request a permit shall be issued by the
Director. Should a request for use be denied, the person may
appeal to the City Council by filing a Notice of Appeal within
five working days after receipt of denial, with the City
Clerk. The City Clerk shall give notice to such person of the
time and place of the hearing which shall be the next regular
council meeting. Notice of such hearing shall be satisfied by
depositing said notice in the United States Post Office at San
Jacinto, California, addressed to such person as shown on the
Certificate of Compliance. The City Council shall have the
authority to determine all questions raised on such appeal.
9.25.200 - Revocation
The Director shall have the authority to revoke a permit upon
finding of violation(s) of any rule or ordinance or upon good
cause shown.
9.25.210 - Violation/Penalty
Any person violating the provisions of any part of this
ordinance shall be deemed guilty of an infraction and upon
conviction thereof shall be punished by:
A. A fine not exceeding one hundred dollars ($100) for a
first violation;
B. A fine not exceeding two hundred dollars ($200) for a
second violation within one year;
C. A fine not exceeding five hundred dollars ($500) for each
additional violation within one year.
9.25.220 - Severability Clause
If any part of this ordinance shall be held invalid, such part
shall be deemed severable and the invalidity thereof shall not
affect the remaining parts of this ordinance.
Introduced at a regular meeting of the City Council on the
day of , 1992.
MOVED, PASSED AND ADOPTED at a regular meeting of the City
Council on the day of , 1992 by the
following vote:
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NOES:
ABSENT:
ATTEST:
Deputy City Clerk
Mayor
STAFF REPORT
To:
From: Chief of Police
Date: May 19, 1992
Subject: Animal Control Ordinance
AGENDA_
Honorable Mayor and Council Members via City Manager
RECOMMENDATION: Introduce Ordinance # and Waive the
Reading in Full
COMMENTS: A new "pet" has emerged within the households of
America today. This new pet is scientifically called Sus scrofa
(cristatus) vittatus or Vietnamese Pot-bellied pig. It is
sometimes referred to as a pygmy pig or mini -pig. Within the City
of San Jacinto, the Animal Control Bureau has received requests to
provide information on the animal as a lawful pet. As a result of
these requests the bureau researched the subject and found several
cities drafting ordinances to permit interested parties to keep
them as pets. The research found the animal to be quite
intelligent (a 4 on the animal intelligence scale as compared to a
dog - 17 on the intelligence scale) and is a very clean animal.
Our present zoning does not permit the animal to be kept in
residential zones, however our Community Development Director,
Brian McNabb has reviewed the proposed change to the Animal Control
Ordinance and felt a zone change would be appropriate. The zone
change along with the change in the Animal Control Ordinance would
permit a prospective pet owner to own one. The proposed ordinance
places certain restrictions on the owners and provides
clarification as to maintenance of the animal. No additional
changes have been made in the remainder of the ordinance.
Should you have any questions, please let me know.
1 ORDINANCE NO.
2
3 AN ORDINANCE REGULATING THE OWNERSHIP, LICENSING,
4 VACCINATION, CONTROL, IMPOUNDMENT, RETURN TO OWNER,
5 ADOPTION, EUTHANASIA, AND DISPOSAL OF ANIMALS, FOWL,
6 AND OTHER NON -HUMAN SPECIES WITHIN THE CITY OF
7 SAN JACINTO.
9 THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY
10 ORDAIN AS FOLLOWS:
11
12 Section 1. Title 6 of the Municipal Code of the
13 City of San Jacinto in its entirety is hereby repealed.
14
15 Section 2. Definitions. Whenever in this Ordinance
16 the following terms are used, they shall have the
17 meanings respectively ascribed to them in this section.
18
19 A. Altered - For a female means having had the
20 ovaries and uterus surgically removed;
21 ovariohysterectomy. For a male means having had the
22 testicles surgically removed.
23 B. Animal - Every non -human species of animal,
24 both domestic and wild.
25 C. Animal Control Officer - Is any person employed
26 by the City whose primary duty is the enforcement of laws
27 of the State and City pertaining to animals and whose
28 authority is vested under California Penal Code Sections
29 830.9 and 836.5 and Section 16.A of this ordinance. For
30 the purpose of this ordinance, ACO shall mean Animal
31 Control Officer.
32 D. Animal Shelter - Any facility operated by a
33 Humane Society, or municipal agency or its authorized
34 agents, for the purpose of impounding animals under the
35 authority of this ordinance or state law for care,
36 confinement, return to owner, adoption, or euthanasia.
37 E. At Large - Being on any property without
38 permission of the person who owns or has the right to
39 possess or use the property; or unrestrained by a leash
40 on either public property, unless expressly permitted by
41 law, or private property open to the public; or any place
42 or manner which presents substantial risk of imminent
43 interference with animal or public health, safety or
44 welfare.
45 F. Auction - Any place where animals are bought,
46 sold, or traded.
47 G. Aviary - Any cage or enclosure where birds are
48 kept or maintained for breeding, display, exhibition,
49 amusement, and/or for commercial use.
50 H. Boarding Stable - Any place where privately
51 owned horses or ponies are provided room and board for
52 commercial purpose.
53 1
54
1 I. Cat - Domesticated members of the species Felis
2 catus; it excludes other members of the family Felidae.
3 J. Chief of Police - Shall mean the chief law
4 enforcement officer of the City.
5 K. Circus - A commercial variety show which may
6 feature animal acts for public entertainment.
7 L. City - Shall mean the City of San Jacinto.
8 M. County - Shall mean the County of Riverside.
9 N. Curb - To so restrain or control an animal so
10 that it urinates or defecates only in street gutters.
11 0. Dangerous Animal - Any animal of a species or
12 type likely to cause injury to a person, or any animal
13 which has demonstrated a propensity to attack or cause
14 injury to a person.
15 P. Dog - Domesticated members of the species Canis
16 familiaris; it excludes other members of the family
17 Canidae.
18 Q. Dog or Cat Show - Any place where a collection
19 of different or all one breed of dogs or cats are being
20 exhibited and judged.
21 R Enclosure - A fence or structure of at least
22 six feet (6') in height, forming or causing an enclosure
23 to confine a vicious dog in conjunction with other
24 measures which may be taken by the owner or keeper, such
25 as tethering of the vicious dog. Such enclosure shall be
26 securely enclosed and locked and designed with secure
27 sides, top and bottom and shall be designed to prevent
28 the animal from escaping.
29 S. Fowl - Includes male and female chicken, duck,
30 goose, peacock, turkey, and pheasant.
31 T. Grooming Shop - A commercial establishment
32 where animals are bathed, clipped, plucked, or otherwise
33 groomed.
34 U. Guard (sentry) Doq - Any dog utilized on a
35 commercial basis to guard any property including guarding
36 against fire or theft or both.
37 V. Impounded Animal - Any animal taken into
38 custody by the ACO or Police Officer.
39 W. Kennel - Any property where three (3) or more
40 dogs, or three (3) or more cats, over the age of four (4)
41 months, are kept or maintained. The term "kennel" shall
42 not include any animal shelter operated by a Humane
43 Society, a municipal agency, or its authorized agents, or
44 a veterinary hospital operated by a veterinarian licensed
45 by the State.
46 X. Kennel Operator - Any person who owns,
47 controls, or operates a kennel or any person who is
48 responsible for or who participates in the control of the
49 operation of a kennel.
50 Y. Leash - Any rope, leather strap, chain or other
51 material not exceeding six feet (6') in length, being
52 held in the hand of a person capable of controlling and
53 actually controlling the animal to which it is attached.
54 2
1 Z. License Tag - Any indica of durable material
2 inscribed with certain required information, which has
3 been issued by the City.
4 AA. Licensed Doq - A dog wearing its current City
5 or County (in case of newly annexed territory) license as
6 required by this ordinance.
7 BB. Livery Stable - Any place where horses and
8 carriages are kept for hire.
9 CC. Livestock - Any bovine, horse, mule, burro,
10 sheep, goat, or swine.
11 DD. Motion Picture, Television, and Theatrical -
12 Any place where one or more animals are used in any
13 motion picture, television, or theatrical perfoL lance or
14 production, whether for entertainment, instruction, or
15 advertising.
16 EE. Owner - Any person who is the legal owner,
17 keeper, harborer, possessor, or the actual custodian of
18 an animal. Ownership is also established by a person
19 registering as the owner on a license application or
20 other legal document or by a person claiming ownership
21 and taking possession of an animal, or one who has
22 control and custody of any animal for fifteen consecutive
23 days, except an Animal Shelter or a Veterinarian licensed
24 by the State who has in his possession any animal for the
25 purpose of treatment.
26 FF. Performing Animal Exhibition - Any spectacle,
27 display, act, or event, other than circuses, in which
28 performing animals are used.
29 GG. Pet or Companion Animal - Any animal kept for
30 pleasure rather than utility; an animal of a species that
31 has been bred and raised to live in or about the
32 habitation of humans and is dependent on people for food
33 and shelter.
34 HH. Pet License/Rabies Certificate - A properly
35 completed certificate issued by the City which indicates:
36 1. License tag number;
37 2. Type, lot number, and manufacturer of the
38 rabies vaccine;
39 3. The name of the veterinarian who
40 vaccinated the dog/cat;
41 4. Date and expiration of the vaccination;
42 5. Date of issue and expiration of the pet
43 license;
44 6. The cost of the license;
45 7. The pet's name and description, including
46 breed, color, sex, and age;
47 8. The pet owner's name, address, and
48 telephone number.
49 II. Pet Shop - Any premises primarily used for the
50 sale of household pets and which exists within proper
51 zoning.
52 JJ. Police Officer - Any person employed by the
53 City whose primary duty is enforcement of laws of the
54 3
1 State and City and whose authority is vested under Part
2 2, Title 3, Chapter 4.5 of the California Penal Code.
3 KK. Pony Ride - Any place where shetland and other
4 small breeds of ponies are rented out by the ride.
5 LL. Public Nuisance - Any animal or animals that
6 unreasonably annoy humans, endanger the life or health of
7 other animals or persons, or substantially interfere with
8 the rights of citizens, other than their owners, to
9 enjoyment of life or property. The term "public nuisance
10 animal" shall mean and include, but is not limited to,
11 any animal that;
12 1. Is repeatedly found at large;
13 2. Damages the property of anyone other than
14 its owner;
15 3. Intimidates pedestrians or passersby;
16 4. Chases vehicles;
17 5. Excessively makes disturbing noises,
18 including, but not limited to, continued and repeated
19 howling, barking, whining, or other utterances, causing
20 unreasonable annoyance, disturbance, or discomfort to a
21 neighbor or others in close proximity where the animal is
22 kept or harbored;
23 6. Attacks other domestic animals; or
24 7. Has been found by the Chief of Police or
25 his designee, after notice to its owner and a hearing, to
26 be a public nuisance animal by virtue of being a menace
27 to the public health, welfare, or safety.
28 MM. Quarantine - The isolation of any animal in a
29 substantial enclosure so that such animal cannot be
30 subject to contact with other animals or unauthorized
31 persons.
32 NN. Restraint - Secured by a leash or lead under
33 the control of a responsible person and obedient to that
34 person's commands or within the real property limits of
35 its owner by means of a fence, wall, or chain.
36 00. Riding School or Stable - Any place that has
37 available for hire, boarding, and/or riding instruction,
38 any horse, pony, donkey, mule, or burro.
39 PP. Rodeo - A contest, exhibition or competition of
40 the skill of contestants or entrants in horsemanship, and
41 where lassoing is usually performed involving cattle,
42 horses, bulls, goats, and wild cows for public
43 entertainment.
44 QQ. Stray - An animal which is at large.
45 RR. Vaccination - The inoculation of an animal with
46 a rabies vaccine approved by the State Department of
47 Health Services for use in California.
48 SS. Veterinary Hospital - Any establishment
49 maintained and operated by a State licensed veterinarian
50 for surgery, diagnosis, and treatment of disease or
51 injuries of animals.
52 TT. Vicious Animal - Any animal which bites or
53 attempts to bite any human or animal without provocation,
54 4
1 or which has a disposition of propensity to attack, bite,
2 or menace any human or animal without provocation and
3 endangers the health and safety of any person.
4 Any animal who bites or attempts to bite a
5 person or animal that is unlawfully on its owner's
6 property, or which has been teased or provoked, or which
7 is otherwise performing its duties as a police dog, shall
8 not be deemed a vicious animal.
9 UU. Wild Animal - Any animal which is not normally
10 domesticated in the United States including, but not
11 limited to, any lion, tiger, bear, non -human primate,
12 wolf, cougar, ocelot, wild cat, skunk, racoon, opossum,
13 ferret, venomous reptile, boa, python, anaconda, member
14 of the Order Crocadilia, or other such animal (farae
15 naturae) irrespective of its actual or asserted state of
16 docility, tameness, or domesticity.
17 VV. Zones - Divisions of the city that classify,
18 regulate, restrict, and segregate the uses of lands and
19 buildings in designated areas.
20 WW. Zoos - Any place where a collection of wild
21 animals or wild and domesticated animals are kept or
22 maintained for exhibition or for view by the public.
23 XX. In addition to the definitions set forth in
24 this section, all definitions of words and phrases set
25 forth in the California Humane Laws Handbook are hereby
26 incorporated in this ordinance as though set forth in
27 full herein.
28
29 Section 3. Fees.
30 A. Fees shall be charged and collected by the City
31 for pet licensing, animal control services, and
32 enforcement. Such fees shall be established by the City
33 Council by resolution.
34 B. A list of currently approved fees shall be
35 filed with the city clerk and shall be available for
36 public inspection.
37 Section 4. Rabies Control.
38 A. Vaccination Required. Dog owners shall obtain
39 a rabies vaccination for each dog they own, keep, harbor,
40 or have custody of, within thirty (30) days after it
41 becomes four (4) months of age, or within thirty (30)
42 days after obtaining any dog over four (4) months of age.
43 It shall be unlawful for any person to own, keep, harbor,
44 or possess or to have in his or her care, charge, or
45 custody, any dog five (5) months of age or older unless
46 such has a current and valid rabies vaccination
47 administered by any duly licensed veterinarian, with a
48 rabies vaccine approved by the State Department of Health
49 Services for use in dogs. Such vaccination shall be
50 repeated at intervals specified by the State Department
51 of Health Services in order to maintain adequate
52 immunity.
53
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1 B. Vaccination Clinic. The City shall provide or
2 arrange for a rabies clinic at a specified location where
3 dog owners may obtain the required rabies vaccination at
4 a reduced fee in accordance with California Health and
5 Safety Code.
6 C. Exemption from Rabies Vaccination.
7 Notwithstanding any other provision of this section, a
8 dog need not be vaccinated for rabies due to illness,
9 age, or other disability if a licensed veterinarian has
10 examined the dog and certified in writing that such
11 vaccination should be postponed because of specified
12 reasons. Exemption from vaccination does not exempt a
13 dog from licensing requirements.
14 D. Certificate Required Generally. Every person
15 keeping, harboring, or having in the city any dog
16 required by ordinance to be vaccinated shall at all times
17 have in his/her possession a certificate issued by a
18 person licensed by the State of California, or any other
19 state or nation to practice veterinary medicine and
20 vaccinated in accordance with the provisions of this
21 section, or that such dog should not be vaccinated by
22 reason of age, infirmity, or other disability.
23 E. Certificate Required for Licensing. No dog may
24 be licensed and no license certificate issued except upon
25 presentation of a certificate by a veterinarian as
26 provided for in this section.
27 F. Animals Possibly Exposed to Rabies. Any animal
28 of a species subject to rabies which has been bitten by
29 or has come in contact with an animal infected with or
30 reasonably suspected of being infected with rabies shall
31 be quarantined in strict confinement in a place and
32 manner approved by the ACO for a period of six (6) months
33 in accordance with the California Administrative Code.
34 Notwithstanding the foregoing, the following alternative
35 is permitted in the case of dogs and cats. If the dog or
36 cat has been vaccinated against rabies at least thirty
37 (30) days prior to the suspected exposure with a type of
38 vaccine and within the time period approved by the State
39 Department of Health Services, the dog or cat may be
40 revaccinated immediately (within 48 hours) and
41 quarantined in strict confinement in a place and manner
42 approved by the ACO for a period of thirty (30) days
43 following revaccination.
44 G. Quarantine of Biting Animals.
45 1. When any animal subject to quarantine has
46 bitten, scratched, or otherwise exposed any person to the
47 possible infection of rabies, the owner shall upon verbal
48 or written order from the ACO or any Police Officer,
49 quarantine such animal in strict confinement in a place
50 and manner approved by the ACO or Police Officer for at
51 least fourteen (14) days, (dogs and cats ten [10] days)
52
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1 and shall permit the ACO to inspect or examine the animal
2 at any time during the period in accordance with the
3 California Administrative Code.
4 2. Upon the issuance of a verbal or written
5 order of quarantine, the person to whom such order is
6 directed shall permit the ACO to post a written or
7 printed notice of the quarantine order upon or about the
8 premises wherein the subject animal is confined.
9 3. No person shall obscure, deface, render
10 illegible, or remove the posted sign during the
11 quarantine period.
12 4. In the event the owner of the animal
13 refuses or fails to quarantine the animal, the owner
14 shall upon the request of the ACO or any Police Officer
15 deliver the animal to the ACO or Police Officer to be
16 quarantined at a designated location for at least
17 fourteen (14) days, (dogs and cats ten [10] days).
18 5. Dogs and cats which have been quarantined
19 in strict confinement under proper care and under
20 observation of a licensed veterinarian, in an animal
21 shelter, veterinary hospital, or other adequate facility
22 in a manner approved by the Animal Control Department,
23 may be released from quarantine by the Department of
24 Animal Control after five (5) days of veterinary
25 observation if upon conducting a thorough examination on
26 the fifth day or more after the infliction of bite, the
27 observing veterinarian certifies that there are no
28 clinical signs or symptoms of any disease.
29 H. Payment of Fees and Expenses. The owner of any
30 animal quarantined under the provisions of this section
31 at the Animal Shelter shall pay all fees and expenses
32 related to the quarantine.
33 I. Destruction of Infected Animals. If it appears
34 to the ACO, Veterinarian, or Animal Shelter Director upon
35 examination or otherwise of an animal that such animal
36 has rabies, he/she may authorize with permission of the
37 owner if known the euthanasia of said animal for the
38 purpose of laboratory examination.
39
40 Section 5. Pet License and License Tag.
41 A. License Required.
42 1. All dog owners, except tourists or
43 visitors who stay less than thirty (30) days, shall apply
44 for and obtain a separate dog license for each dog they
45 own, possess, keep, or harbor after it is four (4) months
46 of age. All dog owners must possess such license at the
47 time the dog is five (5) months of age or thirty (30)
48 days after obtaining or bringing into the city any dog
49 over four (4) months of age.
50 2. Any dog which is legally impounded
51 according to the provisions of this ordinance shall be
52 presumed to be a dog which, prior to impounding, required
53
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1 a license, regardless of such dog's actual age or owner's
2 place of residence.
3 3. Upon presentation by the dog owner of a
4 rabies certificate that is valid throughout the license
5 period, and payment of the license fee, and if
6 applicable, a late fee, the City shall issue a pet
7 license and license tag. The dog owner shall retain the
8 pet license for inspection by any person charged with the
9 enforcement of this ordinance.
10 4. A pet license shall be effective until the
11 first day of January following issuance and shall be
12 renewed within thirty (30) days after each January 1st.
13 Every dog attaining the age of four (4) months shall
14 immediately be subject to all provisions of this section.
15 If the application for a license is made more than thirty
16 (30) days after the date such license is required, the
17 applicant shall pay an additional late fee.
18 5. The city council, by resolution, may
19 establish a licensing period not to exceed three years
20 for dogs that have reached the age of twelve months, or
21 older, and have been vaccinated against rabies. The
22 person to whom the license issued pursuant to this
23 subsection may choose a license period established by the
24 city council of up to one, two, or three years. When
25 issuing a license pursuant to this subsection, the
26 license period shall not extend beyond the remaining
27 period of validity for the current rabies vaccination.
28 Each license will be renewed within thirty (30) days of
29 the expiration date to avoid a late fee.
30 B. Exemption. No fee shall be required for
31 certified seeing eye dogs, hearing dogs, or certified
32 dogs that are trained to assist the physically
33 handicapped or governmental police dogs.
34 C. License Tags.
35 1. With each license for an individual dog,
36 there shall be issued and delivered to the person
37 securing the license, a metal tag with the serial number
38 of the license and the year for which it is issued.
39 2. A duplicate of a lost tag may be procured
40 upon presentation of the original license and the payment
41 of a prescribed fee.
42 3. The dog owner shall securely affix the
43 current license tag to the collar or harness of the dog
44 for which the license tag was issued and shall ensure the
45 dog wears such license tag at all times except while such
46 dog remains indoors.
47 4. The license tag issued for one dog shall
48 not be transferred or attached to any other dog.
49 5. No person shall remove a license tag from
50 the collar or harness or remove the collar or harness
51 bearing such tag from a dog.
52 6. No person shall counterfeit or imitate any
53 license tag issued pursuant to this section, attach a
54 8
1 counterfeit or imitation tag to any dog, or possess any
2 such counterfeit tag.
3 D. Annexed Territory - County License Acceptable.
4 Licensing shall not be required for a person who is
5 a resident of an area at the time the area is annexed to
6 the city and who, at such time, owns or has in his/her
7 custody or control a dog for which a license fee has been
8 paid and a dog license issued under ordinances of the
9 County. All persons shall be subject to all provisions
10 of Section 5.0 whether a county or city license is
11 issued.
12 E. Cat Licensing. The owner of any cat, may upon
13 submission of proof of rabies vaccination certified by a
14 licensed veterinarian and upon payment of the fee
15 established by resolution of the City Council, be issued
16 a license and tag. No person shall remove a tag from a
17 cat without the consent of the owner. A license shall be
18 effective until the first day of January following
19 issuance. The obtaining of such license shall be
20 optional on the part of the cat owner.
21
22 Section 6. Shelters.
23 A. Establishment of City Shelters. The city shall
24 maintain or provide for the maintenance of a shelter
25 system and rabies control program in accordance with
26 California Health and Safety Code for the purpose of
27 carrying out and enforcing the provisions of this
28 ordinance.
29 B. Agreement with Certain Persons to Operate
30 Shelter, License Animals, Etc., Authorized. The city
31 council may enter into a written agreement or written
32 agreements with any veterinarian licensed by the State,
33 or any organized humane society or similar association,
34 which will undertake the provisions of all or a portion
35 of this ordinance. Any such veterinarian, society, or
36 association which shall enter into an agreement shall
37 carry out all provisions of this ordinance being the
38 subject of such agreement or agreements in the manner
39 herein prescribed.
40
41 Section 7. Kennels.
42 A. Planning Commission Approval Required. No
43 kennel shall be established or maintained within the city
44 unless the appropriate zoning is established in
45 accordance with the City of San Jacinto Zoning Ordinance.
46 The planning commission shall not issue such consent
47 other than through the procedures as established in the
48 zoning regulations of the city. The planning commission
49 shall have the authority to limit and restrict any
50 consent in any way that the commission deems necessary
51 under the circumstances with regard to location,
52 neighborhood, and proper planning. Any such consent
53
54 9
1 shall be revocable at any time by the planning commission
2 for cause at the discretion of the commission.
3 B. Licensing Requirements.
4 1. Any person owning, conducting, managing,
5 or operating any kennel within the city shall pay for the
6 privilege of maintaining or operating such kennel a
7 license fee established by city council resolution.
8 2. In any cases where during the year for
9 which a kennel license has been issued, the number of
10 animals in any licensed kennel is increased, the person
11 conducting, managing, or operating such a kennel shall
12 obtain a new license after approval by the planning
13 commission to cover the increased number therein. Should
14 an increase be denied by the planning commission, the
15 person may appeal to the city council. Should approval
16 be granted for an increase in the number of animals at
17 the kennel, the increased fee shall be prorated for the
18 remainder of the year.
19 C. Vaccination Requirements. A kennel operator
20 shall not be required to obtain the individual license
21 imposed by this ordinance for each dog in his/her kennel
22 for which the kennel license is obtained; however, each
23 kennel operator shall ensure that each dog in his/her
24 kennel is vaccinated as required by this ordinance.
25 D. Kennel Inspection.
26 1. Because of the need to adequately protect
27 animals within kennels from unhealthy conditions and
28 practices, the interest of the public in preventing
29 inhumane practices, reasonable inspections by the city
30 shall be completed.
31 As a condition of the issuance of a kennel
32 license, each operator shall agree to allow such
33 inspection; such acknowledgement shall be made part of
34 the application and file. Each kennel for which a kennel
35 license has been issued shall be inspected at intervals
36 determined by the city.
37 2. Any kennel which is found by the city to
38 be unsanitary or a menace to animal or public health,
39 safety or welfare, is declared to be public nuisance.
40 The city is authorized and empowered to take such action
41 as is necessary to abate the nuisance. In the event
42 immediate action is necessary to preserve or protect
43 animal or public health, safety, or welfare, the city is
44 authorized and empowered to summarily abate such nuisance
45 by any reasonable means including but not limited to
46 impoundment of the animal(s) and/or immediate closure of
47 the kennel for such time until the nuisance is abated.
48 The city may also commence abatement proceedings in
49 accordance with Title 8 of the San Jacinto Municipal
50 Code.
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Section 8. Animal Regulations.
A. Keeping Certain Animals in City Prohibited
Exceptions.
1. No person,,-e•itheb.i::,as owner, agent, or
employee., shall keep any horses, cattle, mules, burros,
sheep, goats, swine (except Vietnamese pot-bellied pigs),
similar large animals, or live poultry or domestic fowl
within the city in any zone under the zoning law of the
city that does not specifically authorize the keeping of
such animal or fowl. The keeping of any such anima.l or
fowl in any other zone not specifically authorized the
same is declared to be a public nuisance.
2. Vietnamese Pot-bellied pigs (also known
as "pygmie pigs" or mini_pigs11)., referred to by the
scientific name of Sus scrofa (cristatus vittatus may be
kept within areas zoned for residential use in the City
of Sanf!:.:jadititdr:subject to the following restrictions.
a. It is unlawful for any person to keep
or maintain, or allow to be kept or maintained upon any
premise owned or controlled by him/her, more than on l)
Vietnamese ,',,i,p-iot-,--bOPLi4d-p:tv
b.. The breeding of pot bellied -pigs in
6**6"00for40111:61it410-100-4A*04#004*
c. Every person owning or having
custody or control of any pot-bellied pig over the age of
four months ha1l pay for and obtain a license from the
IDepartment of Animal Control.• — • • ' : '' • • • •
d. Any pot-bellied pig kept or
iti0#04)-0044#6000YOZ'OneOtdx'046,040'...0-ditibb.bg
being licensed. No license shall be issued unless and
until its owner or custodian presents a valid certificate
pot-
bellied pig shall be „.„subjectto iediateimpoundment.
e. A licensed Vietnamese Pot
bellied pig shall be required to wear its license tag
securely affixed to a collar, harness or other device
whxk';o1.).411,t,.41qt,IltiOth.40di.41110t4::VJ14-0k*P.V4h110
such pig remains indoors or is in an enclosed pen or
yard.•
f. No pot-bellied pig kept or maintained
may stand higher than 16 inches at the shoulder nor be
longer than 30 inches from the tip of the head to the end
of the buttocks, nor may it weigh more than O pounds
Ati:1-454000.4'WO00.4W400**411iiibe 0xi.040i44
OqI*J**1:06:ig*uI4J00t004'0::*00#44t040nok4:i4tY
''''' ''''' • ''''' ' ''' ' ' • '' ''' '' ''' '''''
Ordanance 913 Section
Every
charge., care custody, or control of any pot-bellied pig
-11-i414:kX0.01:stIPTit-V_iVLOX.0344#'.01rA14.1j0:;Fti4:$/hOrV*11
premises, however such pig may be off such pretises if
under restraint of a competent person.
h. Any defication committed by the pig
while not on the property of the owner or custodian shall
11
• • • - ''''''
1 immediately`; be removed by the person having custody of
2 the'
pig.
3 B. Kennel License Required. No person shall own, harbor, or
4 keep on or at any property more than two (2) dogs or two (2) cats,
5 which are four (4) or more months of age without having a kennel
6 license as provided for in Section 7 of this ordinance.
7 C. Disturbing the Peace Prohibited. No person shall own or
8 harbor an animal in such a manner that the peace or quiet of the
9 public is unreasonably disturbed. The keeping or maintenance, or
10 permitting to be kept or maintained, on any premises owned,
11 occupied, or controlled by any person of any animal or fowl which,
12 by frequent or long continued noise, shall cause unreasonable
13 annoyance or discomfort to any reasonable number of persons of
14 normal sensitivity residing in close proximity of the habitation of
15 the same shall constitute a violation of this subsection; provided,
16 however, that nothing contained herein shall be construed to apply
17 to reasonable noises emanating from legal operated veterinary
18 hospitals, animal shelters, farm and/or agricultural facilities, or
19 areas where keeping of animals or fowl are permitted.
20 D. Animal Care.
21 1. Animal premises shall be kept sanitary and shall not
22 constitute a fly breeding area or a source of offensive odors or
23 potential human and animal disease.
24 2. No person shall abandon any animal on any private or
25 public property.
26 E. Prohibition on School Grounds and in City Parks.
27 1. No person shall bring or cause any pet to be brought
28 onto any public school grounds. This does not prohibit the use of
29 pets on school grounds for teaching or other school uses when
30 approved by school officials. A licensed pet may be brought onto
31 the grounds of any City Park provided the pet is restrained by a
32 leash and under the control of a competent person.
33 F. Restraint of Animals.
34 1. No person, as owner, or having charge, care,
35 custody, or control of any ox, steer, bull, cow, calf, horse, mare,
36 stallion, colt, jack, mule, sheep, goat, hog, or domestic fowl
37 shall permit the same to run at large on public or private property
38 owned by another without permission.
39 2. Every person owning or having charge, care, custody,
40 or control of any dog shall keep such dog exclusively upon his/her
41 own premises, however such dog may be off such premises if it is
42 under restraint of a competent person.
43 3. Dog owners shall securely confine their female dogs
44 while in season (estrus) within an enclosure in a manner that will
45 prevent the attraction of male dogs to the immediate vicinity.
46 4. All dogs under four (4) months of age shall be
47 confined to the premises of or kept under physical restraint by the
48 owner, keeper, or harborer.
49 G. Defecation Removal Required. No person shall allow a dog
50 in his/her custody to defecate or to urinate on property other than
51 the owner or person having control of the dog. It shall be the
52 duty of all persons having control of a dog to curb such dog and to
53
54 12
1 immediately remove any feces to a proper receptacle. Legally blind
2 persons while relying on a guide dog shall be exempt from this
3 section.
4 H. Animals in Vehicles.
5 1. No person shall leave an animal in an unattended
6 vehicle without adequate ventilation or in such a manner as to
7 subject the animal to extreme temperatures which adversely affect
8 the animal's health and welfare.
9 2. If after a search of the area the owner cannot be
10 found, the ACO/Police Officer feels the animal's health is in
11 danger, the animal may with the approval of the police supervisor
12 be removed from the vehicle and transported to a veterinarian for
13 treatment. A notice shall be left on the vehicle stating the
14 following:
15 a. Why the animal was removed;
16 b. Name, address, and telephone number of the
17 veterinarian where the animal is being treated;
18 C. The authority to remove the animal; and
19 d. Name of person(s) removing the animal.
20 3. The owner or person having control of the animal
21 when it was removed from the vehicle shall be responsible for all
22 costs for the treatment of the animal as may be applicable.
23 I. Protection of Animals Utilized by the Police
24 Department. It is unlawful for any person to willfully tease,
25 taunt, torment, strike, kick, mutilate, disable, or otherwise
26 injure, or kill, or interfere, or meddle with any dog or horse
27 while such animal is being utilized by the police department or any
28 officer or employee thereof in the performance of any function or
29 duty of the department or of such officer or employee.
30
31 Section 9. Potentially Dangerous and Vicious Dogs.
32 Findings, definitions, and general provisions relating to this
33 section shall be in accordance with California Food and
34 Agricultural Code Sections 31601 through 31682.
35
36 Section 10. Public Nuisance.
37 A. General Provisions. The introduction, possession, or
38 maintenance of any animal or allowing of any animal to be in
39 contravention of this ordinance is, in addition to being a
40 violation, hereby declare to be a public nuisance. The ACO or
41 Police Officers are hereby authorized, directed, and empowered to
42 summarily abate any such public nuisance independently of any
43 criminal prosecution or the results thereof by any means reasonably
44 necessary including, but not limited to the destruction of
45 animal(s) involved, or by the imposition of specific reasonable
46 conditions and/or restrictions for the maintenance of the
47 animal(s). Failure to comply with such conditions and/or
48 restrictions is a misdemeanor. The city may also commence
49 abatement proceedings in accordance with Title 8 of the San Jacinto
50 Municipal Code.
51 B. Notification of Right to Hearing. At least ten (10) days
52 prior to the impoundment and/or abatement, the owner or custodian
53
54 13
1 of record shall be notified of their right to a hearing to
2 determine whether grounds exist for such impoundment and/or
3 abatement. If the owner or custodian of record requests a hearing
4 prior to impoundment and/or abatement, no impoundment or abatement
5 shall take place until the conclusion of the hearing except as
6 noted in Section 10.C.
7 C. Immediate Impoundment. When, in the opinion of the city,
8 immediate impoundment is necessary for the preservation of animal
9 or public health, safety, or welfare, or if the animal has been
10 impounded under other provisions of this ordinance or state law,
11 the pre -impoundment hearing shall be waived. However, the owner or
12 custodian of record shall be given a notice allowing ten (10) days
13 to request an abatement hearing. If requested, a hearing shall be
14 held within ten (10) days of the request and the animal shall not
15 be disposed of prior to the conclusion of the hearing. If after
16 ten (10) days no request for a hearing is received from the owner
17 or custodian of record, the animal in question shall be disposed of
18 under applicable provisions of the law.
19
20 Section 11. Permit Required.
21 A. No person shall keep, conduct, or operate within the city
22 any kennel, pet shop, zoo, riding academy, animal rental
23 establishment, boarding stable, pony ring or pony ride, circus,
24 rodeo, pet show, dog show, cat show, animal acts or exhibitions,
25 wild animals, miscellaneous animal or reptile establishment, or
26 pigeons without first obtaining a written permit from the
27 Department of Animal Control.
28 B. This permit will be in addition to any other requirements
29 imposed by the city or Department of Animal Control.
30 C. Permit Fees shall be established as outlined in Section
31 3 of this ordinance.
32
33 Section 12. Bees and Pigeons.
34 A. Bees. No person shall establish or maintain any hive or
35 box where bees are kept or keep any bees within the city except:
36 1. That a hive or box for the keeping of bees may be
37 located and kept within a school house for the purpose of study or
38 observation;
39 2. That a hive or box for the keeping of bees may be
40 kept in a physician's office laboratory for medical research or
41 treatment or for scientific purposes;
42 3. Newly annexed areas where the keeping of bees was
43 allowed prior to annexation;
44 4. In any zone under the zoning law of the city that
45 specifically authorizes the keeping of bees; and
46 5. That no bees permitted to be kept on any premise
47 under subsections 1 and 2 shall be permitted to fly at large.
48 B. Pigeons/Doves
49 1. No person shall erect or maintain any pigeon house
50 or dove cote, or other structure or place where pigeons or doves
51 are kept within the city without first obtaining the consent of the
52 planning commission in the form of a variance and a permit from the
53 Department of Animal Control.
54 14
1 2. No person shall erect or maintain any pigeon house
2 or dove cote or other structure or place where pigeons and doves
3 are kept or keep any pigeons or doves less than fifty (50) feet of
4 the dwelling house of the owner of such pigeon house, dove cote, or
5 other structure, or within one hundred and fifteen (150) feet of
6 any dwelling or living quarters of any person other than the owner
7 of such pigeon house or dove cote.
8 3. Such persons shall comply with all other rules and
9 regulations of the Department of Animal Control applicable to the
10 keeping of pigeons or doves.
11
12 Section 13. Wild Animals.
13
14 A. General Provisions. It shall be unlawful for any person
15 to possess or maintain any wild animal unless he/she complies with
16 all federal, state, and local laws, regulations, and permit
17 requirements affecting such animals. The owner shall also:
18 1. Keep the animals at all times in cages or enclosures
19 of a recommended size and construction or confined in such a manner
20 as to prelude the possibility of escape. Such cages, enclosures,
21 or confinement shall be of such size as to permit the animals
22 reasonable freedom of movement;
23 2. Keep the cages or enclosures in a clean and sanitary
24 condition at all times;
25 3. Provide the animals with adequate food, water,
26 shelter, and veterinary care;
27 4. Keep the animals in a manner so as not to threaten
28 or annoy any person of normal sensitivity;
29 5. Take adequate safeguards to prevent unauthorized
30 access to the animals and to preserve animal and public health,
31 safety, and welfare. In the event of escape, immediately notify
32 the City Animal Control Department or Police Department and make
33 every reasonable effort to recapture the animal(s).
34 6. Upon request of the City Animal Control Department,
35 make his/her animal(s), premises, facilities, equipment, and any
36 necessary permits available for the purpose of ascertaining
37 compliance with the provisions of this section; and
38 7. Reimburse the city for all costs incurred in
39 enforcing the provisions of this section when a violation is found
40 and shall be responsible for any injury or any damage to private or
41 public property caused by the animal(s).
42 B. Location and Transportation. Animals shall be
43 transported in escape -proof enclosures to the private property of
44 the animal's owner or authorized agent. All other transportation
45 is prohibited unless authorized by the City Animal Control
46 Department.
47 C. Impoundment and/or Abatement. The City Animal Control
48 Department may impound and/or abate any animal held in violation of
49 this section and relocate or dispose of it in a humane manner or
50 impose specific reasonable conditions and/or restrictions for the
51 maintenance of the animal(s). At least ten (10) days prior to
52 impoundment and/or abatement, the owner shall be notified of
53
54 15
1 his/her right to a hearing as to whether the animal is being held
2 in violation of this section. If the owner requests a hearing
3 prior to impoundment and/or abatement, no impoundment and/or
4 abatement shall take place until the conclusion of the hearing
5 except as noted in Section 13.D.
6 D. Immediate Impoundment. If, in the opinion of the city,
7 immediate impoundment is necessary for the preservation of animal
8 or public health, safety, or welfare, or if the animal has been
9 impounded under other provisions of this ordinance or State law,
10 the pre -impoundment hearing may be dispensed with. In such cases,
11 the owner shall be given ten (10) days notice of his/her right to
12 a hearing as to whether the animal was being held in violation of
13 this section. If requested, the hearing shall be held within ten
14 (10) days of the request and the animal shall not be disposed of
15 prior to the conclusion of the hearing. If, at the conclusion of
16 the hearing, the impoundment is found not to be
17 justified, the animal shall be returned to the owner without
18 charge. The city may also commence abatement proceedings in
19 accordance with Title 8 of the San Jacinto Municipal Code.
20
21 Section 14. Animal Performances.
22 A. Permit. No person shall use or work any animal in any
23 theatrical, motion picture, television, or other performance or
24 production without first obtaining a permit from the Department of
25 Animal Control. However, any person in possession of a permit for
26 animal acts or exhibitions, circus, or rodeo per Section 11 of this
27 ordinance shall not be required to obtain a permit under this
28 section for the same activities.
29 B. Maiming, Injuring, or Killing Animals During
30 Performance. No person shall knowingly maim, injure, or kill any
31 animal that is used in any theatrical, motion picture, television,
32 or other performance or production. Nor shall any person use,
33 cause, permit, or allow the use of any device, machine, or
34 contrivance to maim, injure, or kill any animal in such performance
35 or production.
36 C. Inspections. It shall be the duty of the City Department
37 of Animal Control to inspect and investigate the use or work of
38 animals in theatrical, motion picture, television, and other
39 performances or productions.
40
41 Section 15. Impoundment.
42 A. Capture of Animals at Large. The ACO or Police Officer
43 shall attempt to capture any animal found at large in violation of
44 this ordinance and may destroy an animal at large if, in their
45 judgment, such action is required for public health and safety.
46 The ACO or Police Officer shall not seize or impound any dog for
47 being at large that has strayed from but returned to the private
48 property of its owner or the person who has the right to control
49 the dog. In such cases, a citation may be issued.
50 In situations where the owner or person who has a right to
51 control the dog is not home, the dog may be impounded. The ACO or
52 Police Officer shall post a notice of such impounding on the front
53
54 16
1 door of the living unit of the owner or person who has the right to
2 control the dog. Such notice shall state the following: That the
3 dog has been impounded, where the dog is being held, the name,
4 address, and telephone number of the agency or person to be
5 contacted regarding the release of the dog, and an indication of
6 the ultimate disposition of the dog if no action to regain it is
7 taken within a specified period of time by its owner or by the
8 person who has a right to control the dog.
9 B. Animals Found by Private Citizens. Any person who finds
10 an animal at large may take it into his/her possession and must as
11 soon as possible but no later than twenty-four (24) hours
12 thereafter notify the Department of Animal Control and shall
13 surrender the animal on demand. The finder of the animal at large
14 shall use reasonable care to protect the animal from injury;
15 however he/she shall not be held liable if the animal dies,
16 escapes, or injures itself while he/she is carrying out the
17 provisions of this subsection.
18 C. Any person who relinquishes an animal to the ACO, Police
19 Officer, or Animal Shelter shall give his/her name, address, and if
20 he/she is not the owner, the location where the animal was found.
21 D. Notification to Owner. Upon impoundment of an animal
22 wearing a license tag or identification listing
23 the owner's name and address, the ACO or Shelter shall immediately
24 mail to the owner of record at the address indicated a notice of
25 the location of the animal.
26 E. Return of Animals to their Owners.
27 1. The owner of an impounded animal may claim it prior
28 to its legal disposition by providing proper identification,
29 meeting all rabies and licensing requirements of this ordinance,
30 and paying all applicable redemption fees.
31 2. Upon the second or subsequent impoundment of an
32 animal, the City Department of Animal Control may, in addition to
33 fees required to be paid, issue a citation to the owner to appear
34 in court.
35 F. Holding Period, Disposition, and Altering.
36 1. The Animal Shelter shall hold impounded lost or
37 stray dogs or cats for not less than three (3) working days if it
38 was not wearing a license tag when impounded, and for not less than
39 five (5) working days if it was wearing a license tag or other
40 identification. If the Animal Shelter has reason to believe that
41 an owner exits or that the owner or custodian may claim it prior to
42 other disposition, the animal may be held for seven (7) working
43 days.
44 2. The Animal Shelter may humanely dispose of or
45 transfer to a new owner upon payment of the applicable fee, any
46 impounded animal not claimed by its owner or custodian within the
47 prescribed holding time. Animals relinquished by their owners may
48 be destroyed or transferred to a new owner without regard to any
49 prescribed holding time. Injured or diseased animals may be
50 humanely destroyed without regard to the prescribed holding time in
51 order to alleviate suffering or to protect other impounded animals
52 from exposure to a contagious disease. A certificate of any
53
54 17
1 licensed veterinarian shall be conclusive evidence of the extent of
2 injury or contagious disease.
3 3. If no person appears and claims livestock impounded
4 under this section within five (5) days, the Animal Shelter shall
5 proceed to sell or cause to be sold such livestock, except Bovine,
6 at public sale.
7 4. If no person appears and claims any Bovine animal
8 impounded under this section within five (5) days, the Animal
9 Shelter shall so notify the local brand inspector.
10 5. Any dog not claimed by its owner and which has not
11 been altered shall not be sold or given away unless a deposit for
12 altering such dog has been deposited with the Animal Shelter to be
13 refunded upon presentation of proof of altering by licensed
14 veterinarian.
15 6. Any cat not claimed by its owner and which has not
16 been altered shall not be sold or given away unless a deposit for
17 altering such cat has been deposited with the Animal Shelter to be
18 refunded upon presentation of proof of altering by a licensed
19 veterinarian.
20 7. Individuals adopting any cat or dog under the terms
21 of (5) and (6) above shall have the altering performed within sixty
22 (60) days from the date of adoption unless the animal is under six
23 (6) months of age at the time of adoption. In such case, the
24 individual shall have the altering performed within six (6) months
25 of adoption. Failure to complete the surgery within the above-
26 specified period or the transfer of ownership of a cat or dog over
27 six (6) months of age prior to altering shall constitute a
28 misdemeanor.
29 8. The deposit required by (5) and (6) above shall be
30 forfeited to the Animal Shelter if proof of altering has not been
31 presented to the Animal Shelter within the period specified in (7)
32 above. Such forfeited deposits shall be placed in a trust fund to
33 be utilized by the Animal Shelter to defray the cost of materials,
34 supplies, equipment, and other expenses incidental to the
35 conducting of public education programs to promote responsible pet
36 ownership and the altering of pets to prevent pet overpopulation.
37
38 Section 16. Control Provisions.
39 A. Enforcement. It is the duty of the Animal Control
40 Officer of the City to enforce the provisions of this ordinance,
41 and for that purpose, he/she is designated a Peace Officer. Any
42 Police Officer of this city shall also be responsible for enforcing
43 the provisions of this ordinance and any law relating to or
44 affecting animals of the State of California and the City of San
45 Jacinto.
46 B. Complaints. Upon receiving a complaint alleging a
47 violation of this ordinance and upon determining the name and
48 address of the owner of the animal, if known, an investigation to
49 determine whether a violation exists may be made. If the
50 investigation discloses a violation of this ordinance, prosecution
51 may be initiated against the owner. Complainants' identities may,
52 if requested, be kept confidential to the extent permitted by law.
53
54 18
1 C. Investigations.
2 1. The ACO or any police officer may enter private
3 property to investigate possible violations of and enforce the
4 provisions of this ordinance and any law related to or affecting
5 animals of the State of California and the City of San Jacinto.
6 2. Any person who interferes with, opposes, or resists
7 the ACO or other persons charged with the enforcement of this
8 ordinance while the ACO or such other person may be engaged in the
9 performances of his/her duties is guilty of a misdemeanor.
10 D. Arrest and Citations. Each person referred to in Section
11 16.A shall have the power to make arrest without warrant in the
12 manner prescribed in Section 836.5 of the California Penal Code for
13 violations of those provisions of this ordinance and state law
14 which he/she has a duty to enforce and to issue citations for such
15 violations. Any person so arrested who does not demand to be taken
16 before a magistrate may instead be cited in the manner prescribed
17 in Chapter 5c (commencing with Section 853.5) of Title 3, Part 2 of
18 the Penal Code.
19
20 Section 17. Hearings.
21 A. All hearings required pursuant to this ordinance shall be
22 conducted by the Chief of Police or by a person designed by him who
23 shall not have been directly involved in the subject action.
24 Hearings shall be held not more than ten (10) days from the date of
25 the receipt of the request for the hearing and shall be conducted
26 in an informal manner consistent with due process of law. A
27 hearing may be continued if the hearing officer deems it necessary
28 and proper or if the owner or custodian shows good cause. The
29 Chief of Police or the person designated by him shall render a
30 brief written decision which shall be final. Failure to conduct a
31 hearing required by this ordinance shall have no bearing on any
32 criminal prosecution or violation of any provisions of this
33 ordinance or state law.
34 B. Each party during a hearing shall have the right to call
35 and examine witnesses; to introduce exhibits; to cross examine
36 opposing witnesses on any matter relevant to the issue even though
37 that matter was not covered in the direct examination; to subpoena
38 any witness to testify; and to rebut the evidence against the
39 party. If the owner or custodian does not testify in his/her own
40 behalf, the owner or custodian may be called
41 and examined as if under cross-examination.
42 C. Hearings need not be conducted according to technical
43 rules relating to evidence and witnesses. Any relevant evidence
44 shall be admitted if it is the sort of evidence on which
45 responsible persons are accustomed to rely in the conduct of
46 serious affairs, regardless of the existence of any common law or
47 statutory rule which might make improper the admission of such
48 evidence over objection in civil actions. Hearsay evidence may be
49 used for the purpose of supplementing or explaining any direct
50 evidence but shall not be sufficient in itself to support a finding
51 unless it would be admissible over objection in civil actions. The
52 rules of privilege shall be affective to the same extent that they
53
54 19
1 are now or hereafter recognized in civil actions and irrelevant and
2 unduly repetitious evidence shall be excluded.
3
4 Section 18. Violation - Penalty.
5 A. Infraction. Any person violating any provisions of this
6 ordinance is guilty of an infraction except as set forth in
7 subsection B, and upon conviction thereof shall be punished by:
8 1. A fine not exceeding one hundred dollars ($100) for
9 a first violation;
10 2. A fine not exceeding two hundred dollars ($200) for
11 a second violation of this ordinance within one (1) year;
12 3. A fine not exceeding five hundred dollars ($500) for
13 each additional violation of this ordinance within one (1) year.
14 B. Misdemeanor. Any person violating any provisions of
15 Sections 4.A, 4.F, 4.G, 8.A, 8.B, 8.C, 8.D, 8.E, 89.F, 8.H.1, 8.1,
16 13.A, 13.B, 14.B, 15.F.7, 16.C.2, and upon conviction thereof shall
17 be punished by a fine not exceeding one thousand dollars ($1,000)
18 or imprisonment in the county jail not exceeding six months or
19 both.
20 C. Each day such violation is committed or permitted to
21 continue shall constitute a separate offense.
22
23 Section 19. Severability Clause.
24 If any part of this ordinance shall be held invalid, such part
25 shall be deemed severable and the invalidity thereof shall not
26 affect the remaining parts of this ordinance.
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54 20
CITY OF SAN JACINTO
STAFF REPORT
TO:
FROM: Ross Chadwick, Fire Chief/Building Official via
City Manager Pamela S. Easter
DATE: May 19, 1992
SUBJECT: COMMUNITY BEAUTIFICATION PROGRAM
Honorable Mayor and Members of the City Council
STAFF RECOMMENDATION:
Introduce the Community Beautification Ordinance at the May 19th, 1992
City Council meeting which amends Chapter 8.04 of the City Code dealing with
"nuisances" and repeals City Ordinance No. 875 relating to community
beautification.
BACKGROUND:
As discussed before, the future of our City strongly depends upon its image.
Such an image is dependent on reasonable standards of community preservation
and improvement. As part of the City Pride Program, the Community
Beautification Program should be one that not only enforces certain standards and
codes but also educates the public on community improvement and preservation
while assisting them with the resources, tools, and incentives to achieve positive
results. These results help residents and business owners feel good about
themselves and the City of San Jacinto.
Staff proposes that our Community Beautification Program be composed of the
following three essential components:
1. A Community Beautification Ordinance (recommended for
introduction May 19th and approval June 2nd. 1992)
2. A Real Property Records Report Ordinance (future discussion)
3. A Rental Housing Inspection Ordinance (future discussion)
May 19, 1992 Page 1
Community Beautification Program Stuff Report
Community Beautification Ordinance:
Over the years, very little code enforcement has been accomplished in the City.
Therefore, the first component of the Community Beautification Program which
is being considered by the City Council is the adoption of a Community
Beautification Ordinance. To remove the stigma of code enforcement, the
ordinance has been named the "Community Beautification Ordinance."
This ordinance replaces our existing Beautification Ordinance No. 875 with a
more comprehensive ordinance and forms the foundation of the entire
beautification program. Not only does it set forth the procedures by which
public nuisances must be abated, it also contains five essential elements:
A comprehensive and all-inclusive definition and list of public
nuisances.
2. An appeals mechanism giving alleged violators their "day in court."
3. A section allowing the City to recover costs of abatement (including
staff time. overhead, contractors and equipment).
4. A section allowing the costs of abatement on property as a lien.
5. A section allowing emergency abatement.
This ordinance has been developed after reviewing several other programs in
selected progressive cities in California and with the valuable input from the
Director of Community Development, Brian McNabb, and the City Attorney, Jim
Cox. The components of this ordinance were presented during the Neighborhood
Pride meetings. Input was received from the community through these meetings
as well as informational meetings which were held at the monthly Chamber of
Commerce breakfast and several service clubs.
OTHER ELEMENTS OF THE COMMUNITY BEAUTIFICATION
PROGRAM:
After the adoption of the Community Beautification Ordinance there will remain
the last two components of the Community Beautification Program. Both will
have some controversy. Staff will be coming back to Council within the next two
months at a study session to discuss the remaining components of the program
and get your feedback. You will receive detailed background on these issues;
however, a very brief description of these components follow.
May 19, 1992 Page 2
Community Beautification Program Staff Report
Real Property Records Report Ordinance
This ordinance will complement existing real estate disclosure laws for the
benefit of the City and the buyers of residential and commercial property. The
ordinancewill require an application be filed with the City for a real property
records report, prior to the completion of transactions for the sale of property.
This is essentially a property report regarding the property's compliance with
zoning, building, and other applicable municipal code requirements. Deficiencies
which may be discovered with this process include illegal units or room additions
to substandard conditions, building code violations, full amortized
nonconforming uses, abandoned cars, dead or dying landscaping, and other
nuisances which might go undiscovered before a new buyer unfortunately
assumes these problems. The Rea] Property Records Report will also identify if
the City has any abatement procedures in process or has abated a problem and is
in the process of putting a lien on the property.
Rental Housing Inspection Ordinance :
One problem encountered by many cities in implementing community
improvement programs involves rental properties. A Rental Housing Inspection
Ordinance includes inspecting rental properties annually and when units become
vacant. Fees are charged for both inspections to generate enough revenue to
create a self-supporting program. The Rental Housing Inspection Ordinance has
the following objectives:
1. To upgrade the City's rental housing stock and improve living
conditions for the City's residents.
To improve the visual appearance and property maintenance in the
community.
3. To generate enough revenue to create a self-supporting system
program.
4. To penalize the violators and not those who maintain their properties
well.
Cities who have implemented such inspection programs have encountered
resistance from rental property owners and apartment associations. However, the
City of Azusa has found that many property owners are painting, repairing and
cleaning up their properties in advance of the property inspections to avoid direct
cost charges for violations. Many positive comments have been received from
neighborhood residents, tenants and the real estate community, who believe the
program has had positive effects on property values.
May 19, 1992 Page 3
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. 875 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 deteinunes 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 are
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 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 be depreciated.
Section 4. 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 5. Chapter 8.04 of Title 8 of the San Jacinto Municipal Code is hereby
amended to read as follows:
June 2, 1992 Page 1
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 Declaration of Public Nuisance
8.04.070 Emergency Abatement
8.04.080 Right of Entry
8.04.090 Service of Notices and Order to Abate
8.04.100 Voluntary Abatement of Nuisances
8.04.110 Failure to Voluntarily Abate a Declared Public
Nuisance
8.04.120 Notice of Intention to Abate Public Nuisance and Public
Hearing Notice
8.04.130 Hearing by Community Preservation Committee
8.04.140 Decision by Community Preservation Committee
8.04.150 Service of the Abatement Order
8.04.160 Abatement by Property Owner
8.04.170 Abatement by the City
8.04.180 Cost of Abatement
8.04.190 Record of Cost of Abatement
8.04.200 Cost Report -- Hearing and Proceedings
8.04.210 Assessment of Costs Against Property
8.04.220 Violations
8.04.230 Grievance with Final Order -- Appeal to City Council
8.04.240 City Council Action
8.04.010 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.
June 2, 1992 Page 2
t,ommunity Beautification Ordinance
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 be construed as hereinafter set out, unless it is apparent from the context
that a different meaning was intended:
A. "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 be 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.
F. "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, back 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.
June 2, 1992 Page 3
Community Beautification Ordinance
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 be 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 be 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 be unlawful and are hereby
defined as and declared to be 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 property or which
cause damage to public rights -of -way. Therefore, it shall be 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 be 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 be
injurious to the public or to the adjacent properties.
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:
1. 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
June 2, 1992 Page 4
Community Beautification Ordinance
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
fire, flood, earthquake, decay or otherwise to such an extent that
they cannot be economically repaired so as to confoiui to the
requirements of the building code if 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 are boarded 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 be:
a. Free of graffiti.
b. Free of water stains.
c. Standing vertical to the ground, structurally sound, with no
holes in the fencing material.
d. Maintained in their original condition unless an alternate
approval has been given by the City.
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.
June 2, 1992
Page 5
Community Beautification Ordinance
C. Property Maintenance:
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, sideyards, porches or
balconies and visible from a public street.
Trash, garbage or refuse cans, bins, boxes or other such containers
stored in front or sideyards and visible from a public street.
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.
Broken or discarded furniture, household equipment and furnishings
or shopping carts stored on the property for unreasonable periods
and visible from a public street.
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.
8. 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.
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
June 2, 1992 Page 6
e.„ommunity Beautification Oidinance
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.
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.
1.5. 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 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.
June 2, 1992 Page 7
Community Beautification Ordinance
E. 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.
2. 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.
F Radio waves or television interference. Radio wave or television
interference which can reasonably be eliminated.
G. \Vrecking 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.
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.
June 2, 1992 Page 8
Community Beautification Ordinance
I. 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.
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 be 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.
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 Declaration of Public Nuisance.
Any property found to be maintained in violation of 8.04.050 is hereby declared
to be a public nuisance and shall be abated by rehabilitation, removal, demolition,
or repair pursuant to the procedures set forth herein. The procedures for
abatement set forth herein shall not be 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 be 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 be abated. The
property owner, lessee or occupant shall be notified of the existence of the
alleged nuisance in accordance with Section 8.04.090. The notification shall
detail the violations and establish a reasonable abatement period which shall not
be less than ten (10) days.
June 2, 1992 Page 9
Community Beautification Ordinance
8.04.070 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.
8.04.080 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.
8.04.090 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 be
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.
June 2, 1992 Page 10
Community Beautification Oruinance
8.04.100 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 8.04.060 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.
8.04.110 Failure to Voluntarily Abate a Declared Nuisance.
If the alleged nuisance is not voluntarily abated within the period established
under the provisions of Section 8.04.060, the property owner, lessee or occupant
shall be subject to involuntary abatement in accordance with the procedures set
below.
8.04.120 Notice of Intention to Abate Public Nuisance and
Public Hearing Thereon.
The Notice of Intention to Abate Public Nuisance described in Section 8.04.060
shall demand that the proper owner, lessee or occupant, remedy or abate such
public nuisance within a reasonable period of time which shall not be 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 be 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 be 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 be sent
by the City by first class mail postage prepaid.
8.04.130 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 be continued
from time to time. Three (3) members of the Committee shall constitute a
June 2, 1992 Page 11
Community Beautification Ordinance
quorum. The decision of the Committee shall be made by a majority of the
quorum present and hearing the evidence.
8.04.140 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 be 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 shall set forth the time within which the work
shall be commenced and completed. The Committee's order shall be made within
five (5) days of the hearing.
8.04.150 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 be made by posting in the
United States mail first class postage prepaid. Service shall be deemed complete
five (5) days after mailing.
8.04.160 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.
June 2, 1992 Page 12
i mmunity Beautification 0,. inance
8.04.170 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.
8.04.180 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, but 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 be liable
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 be reimbursed shall begin to accrue at the time the City first
receives a complaint regarding a problem on the property. Costs and expenses
may be recovered even if the nuisance is corrected prior to a nuisance abatement
hearing or an appeal hearing.
8,04.190 Record of Cost for Abatement.
A. The Code Enforcement Officer or such other City official as may be
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 be served in accordance with the provisions of Section
8.04.090 together with a notice of the time when the report shall be heard
by the Community Preservation Committee for confirmation. A copy of
the report and notice shall be posted for at least three (3) days prior to its
June 2, 1992 Page 13
Community Beautification Ordinance
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.
8.04.200 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 be confirmed. The
decision of the Community Preservation Committee on all protests and objections
which may be made, shall be final and conclusive.
8.04.21 0 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 be
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 be foreclosed by judicial or other
sale in the manner and means provided by law;
C. •Such notice of lien shall be in the form as required by this Code, law or
regulation.
June 2, 1992 Page 14
Community Beautification
rdinance
8.04.220 Violations.
A. In lieu of or in addition to the proceedings for abatement set forth in this
chapter, any one of the following may be 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 8.04.090.
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.
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 aforementioned individuals are
lawfully engaged in proceedings involving the abatement of a
nuisance under this Chapter.
Any person violating any of the provisions of 8.04.220 A. 1, 2, or 3 shall
be guilty of an infraction and upon conviction thereof shall be punishable
by:
1. A fine not exceeding fifty dollars ($50.00) for the first violation;
A fine not exceeding one hundred dollars (
violation within one year;
100.00) for the second
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.
8.04.230 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 8.04.140 or the confirmation
of an assessment pursuant to Section 8.04.190, such person may appeal to the City
Council.
June 2, 1992 Page 15
`Community Beautification Ordinance
A The appeal and any required fee shall be filed with the City Clerk within
five working days following the service of the order of the Community
Preservation Committee. The appeal shall he 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 8.04.090. 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.
8.04.240 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.
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.
E. The City Council action is final.
June 2, 1992
Page 16
Community Beautification Ordinance
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 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 19th day of
May, 1992.
MOVED, PASSED and ADOPTED at a regular meeting of said City Council
on the 2nd day of June, 1992 by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Mayor
City Clerk
June 2, 1992 Page 17
Community Beautification Ordinance
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 June, 1992.
WITNESS my hand and official seal of the City of San Jacinto this
day of June, 1992.
City Clerk
June 2, 1992 Page 18
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: May 19, 1992
SUBJECT: ZONING ORDINANCE AMENDMENT 2-91 RELATING TO FENCING
REGULATIONS
DESCRIPTION
Zoning Ordinance Amendment 2-91, amending Section 4.1.4 and Section
4.2.4 of Ordinance 877 to allow the use of wood as an additional
material for side yard fencing that faces a street in residential
zones.
RECOMMENDATION
The Planning Commission recommends the Council introduce the
attached Ordinance, approving Zoning Ordinance Amendment 2-91,
subject to Findings of Fact.
DISCUSSION
The Planning Commission held several public hearings on the side
yard fence materials issue. The primary impetus to change the
material specifications of the Fence Regulations is the high cost
of the required materials. Currently the required materials for
all areas facing a street include wrought iron, masonry, concrete,
brick or an equivalent or combination thereof. Currently, the use
of wood when facing a street, is not permitted. Additionally,
because Ordinance 877 requires fencing in the side yard of new
homes, the residential development community has sought to allow
wood to be included as an additional material in the side yard
setback facing a street.
The side yard areas located between homes, are isolated and
frequently are limited in length. This results in a higher cost
per linear foot to construct an isolated, limited length block or
similar type wall. Therefore, the Planning Commission established
a fencing sub -committee comprised of one Commissioner, one
Developer, and one Planning Staff member to evaluate and propose
appropriate material and design specifications for the side yard
areas.
Page No. 2
Zoning Ordinance Amendment 2-9
May 19, 1992
The fencing sub -committee prepared and presented recommended fence
standards to the Planning Commission. Additionally, the fencing
sub -committee evaluated grades of wood, paints and cost variations
between fence types. This information is provided in the Planning
Commission Memo dated April 15, 1992 which is attached for your
use.
As a result of this information, on April 15, 1992 the Planning
Commission recommended the City Council approve the following side
yard fence standards and thereby the amendment to Sections 4.1.4
and 4.2.4 of Ordinance 877:
A. On individual lots where fencing is to be facing a street, for
areas less than 15 lineal feet, wood shall be an acceptable
material pursuant to the following material, construction and
locational specifications:
1. Material shall be equivalent to the following:
All wood shall be pressure treated Douglas Fir
or equivalent. Minimum size vertical fence
board shall be 1" X 6". All exposed wood
surfaces shall be painted with two coats of
exterior grade paint or oil base stain, color
to be neutral to match that of stucco or house
exterior.
2. Construction shall be equivalent to the following:
Support Posts - Fencing to be supported by a 2
1/2" diameter tubular steel post (adjacent to
gate post shall be 3") set 8' on center in an
18" X 10" concrete post footing. Steel posts
shall not be visible from any public street.
Support Rails - Top and bottom rails shall be
provided on both sides of the fence to attach
the 1" X 6" vertical fence boards.
Support Base - A 2" X 6" base bolted to the
support post shall be provided.
Fence Cap - A 2" X 6" cap extending the length
of the fence shall be provided, nailed to the
top support rails.
Hinges, brackets and bolts (3/8" min.) shall
be galvanized and where exposed shall be
painted to match fence.
Page No. 3
Zoning Ordinance Amendment 2-91
May 19, 1992
3. The side yard fence shall be setback a minimum of five
(5) feet from the front of the building. Where the 5
foot setback conflicts with a door or window the
Community Development Department Staff shall determine
the appropriate setback.
Staff has provided a plot plan indicating the location where this
fencing would be permitted, subject to above referenced setback.
Please note, that if the side yard is wider than 15 feet the wood
material is not permitted. Additionally, the wood material is not
intended to be permitted along the street side property line where
block or an equivalent material is still the required fencing.
Staff has also provided a detail of the proposed wood fence.
Respectfully Submitted,
BRIAN MC NABB
Director of Community Development
BKM:TMH:lr\CC #1 1992\92-05-19.Mtg\ZOA-2-91.May
Attachments: 1. Planning Commission Staff Reports dated
February 12, and April 15, 1992
2. Ordinance
3. Typical Plot Plan indicating permitted
location cf wood fencing facing a street
4. Detail of proposed wood fence
MEMORANDUM
TO: Honorable Chairman and Planning Commission Members
FROM: Brian Mc Nabb, Community Development Director
DAIL: February 12, 1992
SUBJECT: ZONING ORDINANCE AMENDMENT 2-91, RELATED TO FENCING
ORDINANCE 877
BACKGROUND
The history surrounding this issue is the result of Section 4.1.4 of Ordinance 877, the Fence
Regulations, pertaining to single family residential which states in part:
''Where fencing...is facing a street, fencing materials shall be wrought iron type,
masonry, concrete, brick, or an acceptable equivalent or a combination thereof,...'
Additionally, because Ordinance 877 requires fencing around rear yards of new homes, the
residential development community has sought to allow wood to be included as an
additional material in the above referenced locations. The residential developers primary
impetus is the inherent cost of the required materials. Furthermore, the construction cost
related to these materials is also much higher than the traditional wood fence.
Since adoption of the ordinance, many developers have presented these concerns to the
Commission. As a result, Zoning Ordinance Amendment 2-91 was initiated. Also, on
November 13, 1991 the Planning Commission established a fencing sub -committee to
evaluate design standards and material specifications for side yard fencing that faces a public
street. As of January 15, 1992, the fencing sub -committee had not completed the analysis
and preparation of appropriate exhibits so action was subsequently continued to this date.
The fencing sub -committee has completed its analysis and presents the following standards
for your review and action.
On individual lots where fencing is to be facing a street, for areas less than 15 lineal
feet, wood shall be an acceptable material pursuant to the following material and
construction specifications:
Material shall be equivalent to the following:
All wood shall be Douglas Fir Select Grade #4 or equivalent.
Minimum size vertical fence board shall be 1" X 6". All
exposed wood surfaces shall be painted with two coats enamel,
color to be neutral to match that of stucco.
PLANNING COMMISSION
FEBRUARY 12, 1992 PAGE 1
Construction shall be equivalent to the following:
Support Posts - Fencing to be supported by a 2 1/2" diameter
tubular steel post (adjacent to gate post shall be 3") set 8' on
center in an 18" X 10" concrete post footing. Steel posts shall
not be visible from any public street.
Support Rails - Top and bottom rails shall be provided on both
sides of the fence to attach the 1" X 6" vertical fence boards.
Support Base - A 2" X 6" base bolted to the support post shall
be provided.
Fence Cap - A 2" X 6" cap extending the length of the fence
shall be provided, nailed to the top support rails.
Hinges, brackets and bolts (3/8" min.) shall be galvanized and
where exposed shall be painted to match fence.
Staff has provided a plot plan indicating the location where this fencing would be permitted.
Please note, that if the side yard is wider than 15 feet the wood material is not permitted.
Additionally, the wood material is not intended to be permitted along the street side
property line where block or equivalent material is still the required fencing. Staff has also
provided detail of the proposed wood fence.
Section 4.2.4 of Ordinance 877, requires the same materials as the previously mentioned
Section 4.1.4 but instead pertains to multiple family developments of 3 or more dwellings.
If the Commission so desires, wood fencing could be allowed for multiple family
developments as well, as the public hearing notice also included multiple family residential.
RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution No. recommending to
the City Council approval of Zoning Ordinance Amendment 2-91, amending Ordinance 340
incorporating the changes recommended by the fencing sub -committee.
Brian Mc Nabb
Community Development Director
Attachments:
1. Typical Plot Plan indicating permitted location of wood fencing
facing a street.
2. Detail of proposed wood fence.
PLANNING COMMISSION
FEBRUARY 12, 1992 PAGE 2
MEMORANDUM
TO: Honorable Chairman and Planning Commission Members
FROM: Brian Mc Nabb, Community Development Director
DATE: April 15, 1992
SUBJECT: ZONING ORDINANCE AMENDMENT 2-91, RELATED TO FENCING
ORDINANCE 877
BACKGROUND
On February 12, 1992 the Planning Commission considered a Staff recommendation to allow
wood materials in the residential front yard facing a street. Furthermore the Commission
directed staff to evaluate the following issues:
1. Cost breakdown - Wood vs. Block
2. Appropriate grade of wood for fencing
3. List of stains and paint and a cost comparison
4. Provide developers proposed fence details for comments
DISCUSSION
Wood vs. Block/Iron
Staff consulted numerous fence contractors and landscape architects to determine the cost
comparison of wood and block. Staff then computed the cost on a linear foot basis as
follows:
1. Block - Standard precision block $25 - 530/linear foot
Slump Stone/Split Face block $30 - 540/linear foot
Ornamental Iron $10 - $15/linear foot
3. Proposed Wood Fence (Upgraded) $14/linear foot
The prices indicated above are the approximate costs for the materials and installation. The
costs are predominantly retail, that is chances are developers could pay less per foot
especially considering the current economy. The high range on the precision block would
include stuccoed exterior facing a street.
PLANNING COMMISSION
APRIL 15, 1992 PAGE 1
Grade of Wood
Most fence contractors surveyed indicated that dog-ear cedar vertical fence boards, with
pressure treated douglas fir rails and cap would be a better material than the more
commonly used cedar. The fence contractors further indicated that redwood rails and cap
had a longer life span and greater resiliency than pressure treated douglas fir.
Stains and Paint
Staff consulted local paint retailers to determine the range of stains and paint available and
their respective costs. The following is a breakdown on the results:
1. Stains - Non -colorized red hue (Latex) $7.00/gallon
colorized (oil base) S 15.00/gallon
Exterior Latex/Vinyl Paint S.10.99/S19.99/gallon
The paint retailer indicated that the oil base stain and the paints have better ability to
withstand and repel water stains as well as have a longer life span than the latex stain.
Furthermore, the oil base stain and paints resist fading much better than the latex stain.
Overall, the higher quality and priced exterior paints perform better and last longer than any
of the wood treatment.
Developer Review
Staff distributed the proposed wood fence standards to four local developers. As of this
date, only Sirco Development has responded. Sirco's comments were supportive and are
included for your review.
For your review, Staff has provided the proposed fence standards and Planning Commission
Staff report dated February 12. 1992.
RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution No. recommending to
the City Council approval of Zoning Ordinance Amendment 2-91, amending Ordinance 340
incorporating the changes recommended by the fencing sub -committee.
Brian Mc Nabb
Community Development Director
PLANNING COMMISSION
APRIL 15, 1992 PAGE 2
YPICAL WOOD FENCE
-
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5e.CrION
1. 2.5" diameter tubular steel post
2. 2" X 4" post box
3. 2" X 6" fence cap
4. 1" X 6" post box
5. 2" X 4" support rail (top and bottom)
6. 1" X 6" vertical fence board
7. subgrade
8. 10" X 18" concrete footing
Cl..a V "T101%
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO, CALIFORNIA APPROVING ZONING
ORDINANCE AMENDMENT 2-91, AMENDING ORDINANCE
877, SECTION 4.1.4 AND SECTION 4.2.4 RELATED TO
PERMI ITED MATERIALS FOR RESIDENTIAL SIDE YARD
FENCING
THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. That Ordinance No. 877, Sections 4.1.4 and 4.2.4 are hereby amended as
indicated on Exhibit A. attahed and incorporated herein.
Section 2. That this ordinance shall take effect thirty (30) days from the adoption
thereof.
Section 3. That 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 19th day of May 1992 by the
following vote:
MOVED, PASSED AND ADOPTED at a regular meeting of the City Council on the
day of 1992 by the following vote.
AYES:
NOES:
ABSENT:
Al ' EST:
Mayor
Deputy City Clerk
CERTIFICATE
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 1992.
WITNESS my hand and official seal of the City of San Jacinto this
day of 1992.
City Clerk
4 2.4 MATERIALS
Where fencing is required by susbsection 4.2.2, and is visible from the street,
fencing materials shall be wrought iron type, masonry, concrete, brick, or an acceptable
equivalent or a combination thereof, excepting that between differing land uses fencing
materials shall be masonry. Gates in this required fencing shall be wrought iron type,
chain link, or a material acceptable to the Community Development Department.
A. On lots where fencing is to be facing a street, for areas less than 15 lineal
feet, wood shall he an acceptable material pursuant to the following
material, construction and locational specifications:
1. Material shall he equivalent to the following:
All wood shall he pressure treated Douglas Fir or equivalent.
Minimum size vertical fence hoard shall be 1" X 6". All
exposed wood surfaces shall be painted with two coats of
exterior grade paint or oil base stain, color to be neutral to
match that of stucco or house exterior.
Construction shall be equivalent to the following:
Support Posts - Fencing to be supported by a 2 1/2"
diameter tubular steel post (adjacent to gate post shall be 3")
set 8' on center in an 18" X 10" concrete post footing. Steel
posts shall not be visible from any public street.
Support Rails - Top and bottom rails shall he provided on
both sides of the fence to attach the 1" X 6" vertical fence
boards.
Support Base - A 2" X 6" base bolted to the support post
shall be provided.
Fence Cap - A 2" X 6" cap extending the length of the fence
shall be provided. nailed to the top support rails.
Hinges, brackets and bolts (3/8" min.) shall be galvanized
and where exposed shall he painted to match fence.
3. The side yard fence shall be setback a minimum of five (5) feet from the
front of the building. Where the 5 foot setback conflicts with a door or
window the Community Development Department Staff shall determine
the appropriate setback.
EXHIBIT "A"
4.1.4 MATERIALS
Where fencing is required by sushsection 4.1.2, and is facing a street, fencing
materials shall he wrought iron type, masonry, concrete, brick, or an acceptable
equivalent or a combination thereof, excepting that between differing land uses fencing
materials shall he masonry. Gates in this required fencing shall he wrought iron type,
chain link, or a material acceptable to the Community Development Department.
A. On individual lots where fencing is to he facing a street, for areas less than
15 lineal feet, wood shall he an acceptable material pursuant to the
following material, construction and locational specifications:
1. Material shall be equivalent to the following:
All wood shall be pressure treated Douglas Fir or equivalent.
Minimum size vertical fence hoard shall he 1" X 6'. All
exposed wood surfaces shall be painted with two coats of
exterior grade paint or oil base stain, color to be neutral to
match that of stucco or house exterior.
Construction shall be equivalent to the following:
Support Posts - Fencing to he supported by a 2 1/2"
diameter tubular steel post (adjacent to gate post shall be 3")
set 8' on center in an 18" X 10" concrete post footing. Steel
posts shall not he visihle from any public street.
Support Rails - Top and bottom rails shall be provided on
both sides of the fence to attach the 1" X 6" vertical fence
boards.
Support Base - A 2" X 6" base holted to the support post
shall he provided.
Fence Cap - A „' X 6" cap extending the length of the fence
shall he provided, nailed to the top support rails.
Hinges, brackets and bolts (3/8" min.) shall be galvanized
and where exposed shall be painted to match fence.
3. The side yard fence shall he setback a minimum of five (5) feet from the
front of the building. Where the 5 foot setback conflicts with a door or
window the Community Development Department Staff shall determine
the appropriate setback.
TO:
FROM:
DATE:
SUBJECT:
CITY OF SAN JACINTO
STAFF REPORT
Honorable Mayor and City Council Members
Brian McNabb, Director of Community Development
via Pamela S. Easter, City Manager
May 19, 1992
ZONING ORDINANCE AMENDMENT 1-92
DESCRIPTION
A proposal to amend Articles 4, 5, 6, and 7 of Ordinance 340, related to domestic animals
allowed as pets in the Residential Zones.
RECOMMENDATION
The Planning Commission recommends the City Council adopt Ordinance No.
amending Articles 4, 5, 6, and 7 of Ordinance 340, incoroprating Zoning Ordinance
Amendment 1-92 as shown in Exhibit "A".
DISCUSSION
The City of San Jacinto Ordinance 340 currently specifies only certain animals in (Light
Agriculture) Zone. Dogs are alluded to in certain sections and the ordinance is silent on
cats. As a result, the code is proposed to he amended to allow for Vietnamese Pot Bellied
Pigs to he included as a domestic animal and be allowed in all residential zones.
The City Animal Control Officer has done extensive research on Vietnamese Pot Bellied
Pigs as domesticated house pets. His research has indicated that the pigs can be leash
trained, litter box trained and are generally intellectually superior to dogs. Furthermore,
the Vietnamese Pot Bellied pigs are approximately the same size as a large dog. As a result
of this research, the Animal Control Ordinance is in the process of being amended to allow
for the Vietnamese Pot Bellied Pigs to he classified as domesticated pets and not farm
animals. This paves the way for the animals to be allowed in all residential zones subject
to the above referenced amendment to Ordinance 340.
City Council Staff Report
January 7, 1991
Page 2
The specific code sections of Ordinance 340 to be amended are identified on Exhibit A.
The Planning Commission approved Zoning Ordinance Amendment 1-92 on April 15, 1992.
BRIAN MC NABB
Director of Community Development
BKM:Ir CC-#1-1992\92- - .MTG\
Attachments:
1. Planning Commission Staff Report dated April 15, 1992
2. Ordinance No. . Exhibit "A"
City Council Staff Report
January 7, 1991
Page 3
STAFF REPORT
TO: Honorable Chairman and Planning Commission Memhers
FROM: Brian McNabb, Director of Community Development
DATE: April 15, 1992
SUBJECT: ZONING ORDINANCE AMENDMENT 1-92
DESCRIPTION
Consideration of a Zoning Ordinance Amendment to define which domestic animals are
allowed as pets in the Residential Zones.
DISCUSSION
The City of San Jacinto Ordinance 340 currently specifies only certain animals in (Light
Agriculture) Zone. Dogs are alluded to in certain sections and the ordinance is silent on
cats. As a result, the code should he amended to include dogs and cats in all residential
zones. Additionally, the code is proposed to he amended to allow for Vietnamese Pot Belly
pigs to be included as a domestic animal and he allowed in all residential zones.
The City Animal Control Officer has done extensive research on Vietnamese Pot Belly pigs
as domesticated house pets. I-Iis research has indicated that the pigs can be leash trained,
litter box trained and are generally intellectually superior to dogs. Furthermore, the
Vietnamese Pot Belly pigs are approximately the same size as a large dog. As a result of
this research, the Animal Control Ordinance is in the process of being amended to allow
for the Vietnamese Pot Belly pigs to he classified as domesticated pets and not farm
animals. This paves the way for the animals to he allowed in all residential zones subject
to the above referenced amendment to Ordinance 340.
The specific code sections of Ordinance 340 to be amended are identified on Exhibit A.
RECOMMENDATION
Staff recommends the Planning Commission adopt Resolution 92-12, thereby recommending
to the City Council amendment of Articles 4, 5, 6, 7 and 7A, as shown in Exhibits "A".
BRIAN McNABB
Director of Community Development
City Council Staff Report
January 7, 1991
Page 4
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO, CALIFORNIA, APPROVING ZONING
ORDINANCE AMENDMENT 1-92, AMENDING
ORDINANCE 340, ARTICLES 4, 5, 6, AND 7, RELATED TO
DOMESTIC ANIMALS ALLOWED AS PETS IN THE
RESIDENTIAL ZONES
THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Ordinance No. 340, Article 4, Section 4.02; Article 5, Section 500;
Article 6, Section 600; and Article 7, Section 701; archereby amended as shown on
Exhibit "A", attached 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 he 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 19th day of May 1992.
MOVED, PASSED AND ADOPTED at a regular meeting of the City Council on the
day of 1992 by the following vote.
AYES:
NOES:
ABSENT:
A 1"1 EST
Mayor
-4-
City Council Staff Report
January 7, 1991
Pate
Deputy City Clerk
CERTIFICATE
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 1992.
WITNESS my hand and official seal of the City of San Jacinto this
day of 1992.
City Clerk
City Council Staff Report
January 7, 1991
Page 6
EXHIBIT "A"
ZONING ORDINANCE AMENDMENT 1-92
ARTICLE 4. - LIGHT AGRICULTURAL (A) ZONE
4.02 USES PERMITTED
Only the following uses shall be permitted in all "A" Zones.
a. Any use permitted in the R-1 zone.
b.
c.
Poultry and rabbits for the use of the occupants of the premises only. All
poultry and rabbits shall be kept in an enclosed area, located not less than
fifty feet (50') from any residence existing at the time such use is
established. Dogs and cats, not more than two (2), as per Kennel
Ordinance, Chapter 1, Article III, Section 1 9 of the San Jacinto City Code7.
arc permitted.
Dogs and cats, not more than two (2) each, as per Kennel Ordinance,
Chapter 4, Article III, Section 4-9 of the San Jacinto City Code, are
permitted. Vietnamese Pot Belly pigs, not more than one (1), registered
through the appropriate breeding organization or as per Animal Control
Ordinance, Chapter , Article , Section of the San Jacinto City Code, is
permitted.
ARTICLE 5. - SINGLE FAMILY ZONE (R- l) ZONE
500. PERMITTED USES
(5)
Domestic animals as identified in Article 4, Section 4.02 (c).
ARTICLE 6. - R-2 ZONE - TWO FAMILY ZONE
600. PERM! 1'1'ED USES
5) Domestic animals as identified in Article 4, Section 4.02 (c),
-6-
City Council Staff Report
January 7, 1991
Page 7
ARTICLE 7. R-3 ZONE - MULTIPLE FAMILY ZONE
701. PERMITTED USES
8. Domestic animals as identified in Article 4, Section 4.02 (c
-7-
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: T es Evans, Interim Director of Public Works
DATE: May 1.9, 1992.
SUBJECT: FORMATION OF CITY-WIDE LIGHTING, LANDSCAPING
AND PARK MAINTENANCE DISTRICT
STAFF RECOMMENDATION
Staff recommends that the City Council:
Adopt Resolution No. Granting Preliminary Approval of Engineers Report for
Formation of Landscaping, Lighting and Park District No. 1.
Adopt Resolution No. Declaring the Intention of the City Council to Order
Formation of Landscaping, Lighting and Park District No. 1.
BACKGROUND
The City has had Lighting and Landscape Maintenance Districts since 1965. Each year the
City Council has approved an Engineering Report, held hearings and adopted assessments
for each of the Districts.
Although the assessment district proceeding is designed to place assessments on the property
tax rolls, the City has been attempting to collect the assessments through utility billing. This
process has been cumbersome for our Finance Department personnel and has also made
it easy for many parcels receiving benefits to go unassessed if it is not receiving water
service from the City. This year the City has re-evaluated its assessment procedure to ensure
that every parcel receiving benefit under the assessment district is paying its fair share. In
some cases, assessments have increased and, in others, they have decreased.
We have also added the cost of maintenance of Rancho Park to a City-wide Park
Maintenance District. This new charge will add approximately $15 per year to the average
homeowner's tax bill. In addition, the street lighting assessment has been revised to include
cost of maintenance of traffic signals and cost of graffiti removal. The details of the
proposed assessment districts are included in the Preliminary Engineers Reports.
On June 16, 1992, the City Council will be asked to form the districts and set the assessment
after a public hearing. City staff has scheduled informal public information meetings on
June 10 and June 11. In addition, each property owner in the City will receive an
informational brochure describing the district.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO, CALIFORNIA, COUNTY OF RIVERSIDE,
OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT FOR
FORMATION OF LANDSCAPING AND LIGH 1'1NG AND PARK
DIS I'RICT NO. 1
WHEREAS, on the 7th day of April, 1992, the City Council did adopt its Resolution
No. 2028 directing the Engineer of Work to make and file with the City Clerk of said City
a report in writing as required by the Landscaping and Lighting Act of 1972; and
WHEREAS, said Engineer of Work has made and filed with the City Clerk of said
City a report in writing as called for in said Resolution and under and pursuant to said Act,
which report has been presented to this Council for consideration; and
WHEREAS, said Council has duly considered said report and each and every part
thereof, and finds that each and every part of said report is sufficient, and that no part of
said report requires or should be modified in any respect.
NOW, THEREFORE, it is resolved and ordered as follows:
1. That the Engineer's Estimate of the itemized costs and expenses of said work
and of the incidental expenses in connection therewith, contained in said
report be, and each of them are hereby, preliminarily approved and
confirmed.
2. That the diagram showing the Assessment District referred to and described
in said report, the boundaries of the lots and parcels of land within said
Assessment District as the same existed at the time of passage of said
Resolution is hereby preliminarily approved and confirmed.
3. That the proposed assessment upon the lots and parcels of land in said
Assessment District is in proportion to the estimated benefit to he received
by said lots and parcels, from said work and of the incidental expenses
thereof, as contained in said report is hereby preliminarily approved and
confirmed.
4. That said report shall stand as the Engineer's Report for the purposes of all
subsequent proceedings, and pursuant to the proposed district.
APPROVED AND ADOP 1'ED this 19th day of May, 1992.
Francis R. Boykin, Mayor
Al EST:
Maurice Armster, City Clerk
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO)
I, Maurice D. Armster, City Clerk of the City of San Jacinto, do hereby certify that the
foregoing Resolution No. was duly and regularly adopted by the City Council of the
City of San Jacinto at the regular meeting thereof, held on the 19th day of May, 1992, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, COUNTY OF RIVERSIDE, CALIFORNIA,
DECLARING ITS INTENTION TO ORDER THE FORMATION OF
LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 1,
AN ASSESSMENT DISTRICT; DECLARING THE WORK TO BE
MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT;
SPECIFYING THE EXTERIOR BOUNDARIES OF THE AREA TO BE
INCLUDED WITHIN LANDSCAPING, LIGHTING, AND PARK
DIS'1'RICT NO. 1 AND TO BE ASSESSED THE COST AND
EXPENSE THEREOF; DETERMINING THAT THESE PROCEEDINGS
SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGH l'1NG
ACT OF 1972; AND OFFERING A TIME AND PLACE FOR
HEARING OBJECTIONS THERETO
The City Council of the City of San Jacinto, pursuant to the provisions of the
Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code
of the State of California, does resolve as follows:
SECTION 1. - DESCRIPTION OF WORK:
That the public interest and convenience requires and it is the intention of the
City Council of the City of San Jacinto, California, to order the following work to be done,
to wit:
Installation, construction, maintenance and servicing of facilities and
landscaping as authorized by Section 22525 of the Streets and Highways Code.
2. Any and all work and materials appurtenant thereto or which are necessary
or convenient for the maintenance and servicing thereof.
SECl'ION 2. - LOCATION OF WORK:
The foregoing described work is to be located within public right-of-way, landscaping
easement, and public park property, as further described by assessment zone below:
ZONE A - LANDSCAPE ZONE:
Designated public right-of-way or landscaping easement that contains
landscaping installed as a condition of tract map approval.
ZONE B - STREET LIGH I ING ZONE:
That public right-of-way throughout the populated areas of said City.
ZONE C - NO S I REET LIGHTING, NO STREET TREE ZONE:
That public right-of-way that has no street lights or street trees.
ZONE D - PARK ZONE:
That public property that has been dedicated or acquired for
recreation and park purposes.
ZONE E - CITYWIDE STREET 'FREE ZONE:
That public right-of-way that corresponds to Zone B.
ZONES A THROUGH E:
As described on that certain "Boundary Map, Landscaping, Lighting
and Park District No. 1", on file with the City Clerk of said City.
SECTION 3. - DESCRIPTION OF ASSESSMENT DISTRICT:
That the contemplated work, in the opinion of said City Council, is of more local
than ordinary public benefit, and the said City Council hereby makes the expense of said
work chargeable upon a district, which said district is assessed to pay the costs and expenses
thereof, and which district is described as follows:
All that certain territory of the City of San Jacinto included within the exterior
boundary lines shown upon that certain "Boundary Map, landscaping, Lighting and
Park District No. 1", heretofore approved by the City Council of said City by
Resolution No. , indicating by said boundary lines the extent of the territory
included within the proposed assessment district and which map is on file in the
Office of the City Clerk of said City.
Reference is hereby made to said map for further, full and more particular
description of said assessment district, and the said map so on file shall govern for
all details as to the extent of said assessment district.
SECTION 4. - REPORT OF ENGINEER:
The City Council of said City by Resolution No. has preliminarily approved the
report of the Engineer of Work, which report indicates the amount of the proposed
assessment, the district boundaries, assessment zones, detailed description of improvements
and the method of assessment. The Formation of Landscaping, Lighting and Park District
No. 1, Fiscal Year 1992/93, is on file in the office of the City Clerk of said City. Reference
to said report is hereby made for all particulars for the amount and extent of the
assessments and for the extent of the work.
SECTION 5. - COLLECTION OF ASSESSMENTS:
The assessment shall be collected at the time and in the same manner as County
taxes are collected. The Engineer of Work shall file a report annually with the City Council
of said City and said Council will annually conduct a hearing upon said report, prior to July
20 each year, at which time assessments for the next fiscal year will be determined.
SECTION 6. - TIME AND PLACE OF HEARING:
Notice is hereby given that on the 16th day of June, 1992, at the hour of 7:30 P.M.,
or as soon thereafter, in the City Council Chambers at the Community Center, 625 South
Pico, San Jacinto, California, any and all persons having any objections to the work or extent
of the assessment district may appear and show cause why said work should not be done or
carried out or why said district should not be formed in accordance with this Resolution of
Intention. The City Council will consider all oral and written protests.
SECTION 7. - LANDSCAPING AND LIGH I ING ACT OF 1972:
All the work herein proposed shall be done and carried through in pursuance of an
act of the legislature of the State of California designated the Landscaping and Lighting Act
of 1972, being Division 15 of the Streets and Highways Code of the State of California.
SEC I ION 8. - PUBLICATION OF RESOLUTION OF IN'I ENTTON:
Published notice shall be made pursuant to Section 6061 of the Government Code.
The publication of notice of hearing shall be completed at least 10 days prior to the date
of hearing.
SECTION 9. - MAILING OF NOTICE:
The City Clerk is directed to mail notices of the adoption of this Resolution of
Intention to all persons owning real property within the boundaries of the district, whose
names and addresses appear in the last equalized assessment roll for taxes, and in the
manner and form provided for under Section 22556 of the said Landscaping and Lighting
Act of 1972 of said Streets and Highways Code.
SECTION 10. - CERTIFICATION:
The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 19th day of May, 1992.
Francis R. Boykin, Mayor
ATTEST:
Maurice Armster, City Clerk
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO)
I, Maurice D. Armster, City Clerk of the City of San Jacinto, do hereby certify that the
foregoing Resolution No. was duly and regularly adopted by the City Council of the
City of San Jacinto at a regular meeting thereof, held on the 19th day of May, 1992, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: