HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 1/21/1992AGENDA
SAN JACINTO CITY COUNCIL
AND THE CITY COUNCIL SITTING AS THE
REDEVELOPMENT AGENCY AND
INDUSTRIAL DEVELOPMENT AUTHORITY
DATE: January 21; 1992
P
7:30 P.M.
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 SPECIAL PRESENTATIONS
3.0 CONSENT CALENDAR
All matters listed under. Consent Calendar are considered to be routine and will be enacted
by one motion by the City Council in the form listed.
There will be no separate discussion on these items prior to the motion unless members of
the City Council, staff or the public requests specified items to be removed and/or
discussed.
Anyone wishing to discuss a Consent Calendar item should come forward, upon invitation
of the Mayor, state their name, address and the Consent Calendar item number. Speakers
should limit comments to three minutes.
3.1 Minutes of Regular Meeting of January 7, 1992
RECOMMENDATION: Approve the Minutes of the Regular Meeting of
January 7, 1992, as presented.
3.2 Conflict of Interest Code Amendment
RECOMMENDATION: Waive the full reading of Ordinance No. 946 and
read by title only and adopt (Second Reading) Ordinance No: 946 repealing
Ordinance No. 683, the Conflict of Interest Code.
ORDINANCE NO. 946
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SAN JACINTO, CALIFORNIA, REPEALING
ORDINANCE NO. 683 ADOPTING A CONFLICT OF INTEREST CODE
3.3 Claim - Ray O. Purkey
RECOMMENDATION: Reject the claim pursuant Government Code.
3.4 Warrant Register
RECOMMENDATION: Approve
January 15, 1992, in the amount of $350,653.89 as submitted by the Finance
Director.
3.5 Treasurer's Report
RECOMMENDATION: Receive and file the Treasurer's Report for the
month of December, 1991.
arrant Nos. 27300 through 27466 dated
3.6 Notice of Completion
Irrigation Well - Rancho San Jacinto
RECOMMENDATION: Accept the Irrigation Well Improvements at Rancho
San Jacinto and authorize the City Clerk to file a Notice of Completion.
Motion by:
END OF CONSENT CALENDAR.
Seconded by: to approve consent
calendar items 3.1 through 3.6 and adopt Ordinance No. 946.
Vote:
4.0 PUBLIC HEARING
5.0 ORAL COMMUNICATIONS
6.0 CITY DEPARTMENTS
6.1 Hemet/San Jacinto Groundwater Association Update on Association
Activities
RECOMMENDATION: Approve the Articles of Association of the
Hemet/San Jacinto Groundwater Association and reaffirm the appointment
of Councilman Hafliger as the City of San Jacinto representative on the Board
of Directors.
6.2
Community Beautification Program
RECOMMENDATION: Waive the full reading of Ordinance No. and read
by title only and introduce (First Reading) Ordinance No. amending
Chapter 8.04 of the Municipal Code dealing with "nuisances" and repealing
Ordinance No. 875 relating to community beautification
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO,CALIFORNIA, AMENDING CHAPTER 8.04 OF THE
SAN JACINTO MUNICIPAL CODE AND REPEALING ORDINANCE NO.
875 RELATING TO COMMUNITY BEAUTIFICATION
7.0 MAYOR AND COUNCIL MEMBER REPORTS/DISCUSSIONS
7.1 Update on Gang Task Force - Leahy
8.0 CLOSED SESSION
9.0 ADJOURNMENT
Motion by: Seconded by: Action: to adjourn.
Vote:
I, Maurice Arrester, do hereby certify that I caused to be posted the foregoing agenda this
17th day of January, 1992, as required by law.
Maurice Armster, City Clerk
Deputy City Clerk
CLARIFICATION OF FINANCING PROVISION FOR PERMANENT ROAD
The BAND will grant an irrevocable 66' easement for a new road from Soboba Road
through the west side of the reservation intersecting with BLM land and an unimproved
road called Castille Canyon Road on USGS maps. INTERMAC agrees to pay for the cost
of the permanent road prior to commencing construction on Soboba Summit by partktal
in4roti,o4444; \'The intent is to develop the rough road as soon as possible, and hard
surface it as the project comes on line. Through the entitlement process, it will be necessary
to address, with INTE MAC, the BAND, and other parties the issues of private versus
public road, financing,1 and accessibility.
61-)
P: \ USERPUBL \ LINDAJO \ INTERMAC.MOU
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor and Members of the City Council
January 21, 1992
Study Session Item 1.1 - Amended Memorandum
Roger Morgan, of Intermac, faxed the comments from Bureau of Land Management to us
late last week. The comments have been incorporated into the attached revised MOU and
are bolded/underlined for ease of review.
MEMORANDLTM OF UNDERSTANDING
Between Intermac, Soboba Band of Mission Indians,
the Bureau of Land Management, and City of San Jacinto
WHEREAS, The BAND is interested in job training and job creation for tribal members.
WHEREAS, The CITY and BAND are interested in increased mutual participation in
developing the community for mutual benefit and enjoyment.
WHEREAS, The BAND has had a problem of increased traffic and people dumping trash
on the reservation and, as a result, has closed the access route through the reservation as
a means of control. This has impacted all those who have used this as the only access route
from San Jacinto to the mountains for recreational purposes such as paragliding and hang
gliding, and those who have personal or business interests on outlying properties. BLM and
INTERMAC are interested in establishing a policy that would curtail the dumping problem
and also provide temporary access, while a longer term solution is pursued. The CITY
supports the Band in their effort to curtail dumping on the reservation.
WHEREAS, BLM is interested in having public access to the 17,000 acres it has designated
as recreation lands in the area adjacent to Soboba Summit. This access can be
accomplished through the Soboba Reservation.
WHEREAS, IN IERMAC is interested in working with the BAND on an access road
through the reservation to its property on North Mountain.
WHEREAS, IN IERMAC is interested in cooperating with the BAND with regard to sand
and gravel operations whereby these products, which are vital to the development of our
community, can be provided in an economically beneficial way while limiting significant
adverse environmental impacts of neighboring areas. ,fAa
WHEREAS, THE CITY is interested in exploring the concept of industrial/ uses along
Soboba Road from State Street, east to the Reservation, as well as the resource material
that is available in the area, including that on the Reservation.
WHEREAS, ALL parties agree that the SOBOBA SUMMIT project, notwithstanding the
normal environmental and regulatory reviews of the project, could provide significant
economic, recreation and employment opportunities for the community and members of the
reservation and help establish the community as a major destination resort community,
which could have excellent collateral benefits for other businesses in the area.
Page Two
THEREFORE BE 1T RESOLVED:
THE CITY is currently studying the concept of a haul road in the San Jacinto River with
the BAND as a means of getting the sand and gravel trucks, entering or leaving the
reservation to the Ramona Expressway, in a manner minimizing the impact on existing and
future residents in the area.
The BAND will provide access to the mountains for those wishing to travel there via
Castille Canyon Road, until a new road can be constructed. A reasonable toll may be
charged in order to pay the costs of a guard and toll collector that will work Friday through
Sunday. Access during the week will be achieved by purchasing a key and/or pass from the
Tribal office. Since the main impact has been felt by the paragliders and hang gliders, and
Intermac feels these people and this sport will be instrumental in development plans for the
SOBOBA SUMMIT project, Intermac agrees to underwrite the start up expenses for this
program, and The BAND agrees to demonstrate their hospitality in a joint effort to develop
the business and resort plan for the future.
The CITY agrees to explore alternative bridge locations other than the proposed bridge at
Lake Park Drive, including, but not limited to, Seventh Street, Esplanade Avenue, and
Soboba Road. Funding for the bridge has yet to be determined The cost of the bridge
should be shared by those who will receive the benefit from the bridge.
The BAND will grant an irrevocable 66' easement for a new road from Soboba Road
through the west side of the reservation intersecting with BLM land and an unimproved
road called Castille Canyon Road on USGS maps. INTERMAC agrees to pay for the cost
of the permanent road prior to commencing construction on Soboba Summit by allowing its
property to be assessed7Y The intent is to develop the rough road as soon as possible, and
hard surface it as the project comes on line. Through the entitlement process, it will be
necessary to address, with INTERMAC, the BAND, and other parties the issues of private
versus public road, financing, and accessibility.
BLM agrees to cooperate to the maximum extent possible in expediting consideration of a
Right of Way application for the road leading to INTERMAC'S property, and to assist in
considering a land swap which would allow INTERMAC the ability to acquire the
developable portions of Section 12, so that the costs of the road can be more easily
amortized over a larger development.
THE, CITY is willing to explore with the BAND, State and County any mutual benefit that
could be gained by the CITY providing fire protection to the Indian Reservation.
Page Three
IN 1ERMAC and The BAND will work together for job training on earthmoving equipment.
BLM will work with the BAND in planning efforts for the trail network as part of the
recreation area.
BLM will assist in developing public awareness of the overall recreational opportunities of
the Soboba Summit Area.
INTERMAC will work with the BAND to provide job training and employment
opportunities for Tribal personnel on the SOBOBA SUMMIT project, both during the
construction phase and operational phase thereafter.
BENEN I S:
This agreement has the potential of creating and providing lasting benefits to all parties in
terms of job creation, economic benefits, and recreational possibilities. It could also
provide, perhaps, the only feasible access route to the mountains which may in itself allow
the SOBOBA SUMMIT project to proceed and become part of the San Jacinto Community.
It may also start a new era in terms of integrating the BAND with BLM and the CITY, and
a lasting example of how the public and private sectors can work together for mutual
benefit.
THE CITY OF SAN JACINTO THE SOBOBA BAND OF
MISSION INDIANS
THE BUREAU OF IN I ERMAC, INC.
LAND MANAGEMENT
AGENDA
STUDY SESSION
SAN JACI TTO CITY COUNCIL
AND THE CITY COUNCIL SITTING AS THE
REDEVELOPMENT AGENCY AND
INDUSTRIAL DEVELOPMENT AUTHORITY
DATE: January 21, 1992
TIME: 6:30 P.M.
PLACE: COMMUNITY CENTER
625 South Pico
San Jacinto, California
1.0 ORDER OF BUSINESS
1.1 Draft MOU - City/Bureau of Land Management/Soboba Band of Mission
Indians/Intermac
1.2 Future Agenda Ite
I, Maurice Armster, do hereby certify that I caused to be posted the foregoing agenda this
17th day of January, 1992, as required by law.
Maurice Armster, City Clerk
Deputy City Clerk
/-02192.
—
STAFF REPORT
TO: Mayor and Membe of the Council
FROM: Pa ter, City Manager
DA1E: January 21, 1992
SUBJECI: Draft Memorandum of Understanding - City, Bureau of Land Management,
Intermac and BAND
Roger Morgan, of Intelinac, submitted a draft Memorandum of Understanding to the
Council Subcommittee of Ford and Richards, that addresses various issues of joint interest
between the CitOLM, Intermac and the Band (Soboba Indians). The Draft was also
submitted to the BAND and BLM for their review. Mayor Pro-Tem Ford and Councilman
Richards met with Brian McNabb and myself to review the draft MOU that was submitted
by Roger. The attached memorandum reflects the changes made at that meeting.
The- purpose of the short study session is to provide the Council an opportunity to review
and comment on the draft memorandum. Roger is also working with the BLM and the
BAND to get their comments in the draft MOU and will incorporate all comments into a
final draft. This will come back to the Council for final review and approval.
cc: Roger Morgan
MEMORANDUM OF UNDERSTANDING
Between Intermac, Soboba Band of Mission Indians,
the Bureau of Land Management, and City of San Jacinto
WHEREAS, The BAND is interested in job training and job creation for tribal members.
WHEREAS, The CITY and BAND are interested in increased mutual participation in
developing the community for mutual benefit and enjoyment.
WHEREAS, The BAND has had a problem of increased traffic and people dumping trash
on the reservation and, as a result, has closed the access route through the reservation as
a means of control. This has impacted all those who have used this as the only access route
from San Jacinto to the mountains for recreational purposes such as paragliding and hang
gliding, and those who have personal or business interests on outlying properties. BLM and
INTERMAC are interested in establishing a policy that would curtail the dumping problem
and also provide temporary access, while a longer term solution is pursued. The CITY
supports the Band in their effort to curtail dumping on the reservation.
WHEREAS, BLM is interested in having public access to the 17,000 acres it has designated
as recreation lands in the area adjacent to Soboba Summit. This access can be
accomplished through the Soboba Reservation.
WHEREAS, IN I.E.RMAC is interested in working with the BAND on an access road
through the reservation to its property on North Mountain.
WHEREAS, INTERMAC is interested in cooperating with the BAND with regard to sand
and gravel operations whereby these products, which are vital to the development of our
community, can be provided in an economically beneficial way while limiting significant
adverse environmental impacts of neighboring areas.
WHEREAS, THE CITY is interested in exploring the concept of industrial uses along
Soboba Road from State Street, east to the Reservation, as well as the resource material
that is available in the area, including that on the Reservation.
WHEREAS, ALL parties agree that the SOBOBA SUMMIT project, notwithstanding the
normal environmental and regulatory reviews of the project, could provide significant
economic, recreation and employment opportunities for the community and members of the
reservation and help establish the community as a major destination resort community,
which could have excellent collateral benefits for other businesses in the area.
Page Two
THEREFORE BE IT RESOLVED:
THE CITY is currently studying the concept of a haul road in the San Jacinto River with
the BAND as a means of getting the sand and gravel trucks, entering or leaving the
reservation to the Ramona Expressway, in a manner minimizing the impact on existing and
future residents in the area.
The BAND will provide access to the mountains for those wishing to travel there via
Castille Canyon Road, until a new road can be constructed. A reasonable toll may be
charged in order to pay the costs of a guard and toll collector that will work Friday through
Sunday. Access during the week will be achieved by purchasing a key and/or pass from the
Tribal office. Since the main impact has been felt by the paragliders and hang gliders, and
Intermac feels these people and this sport will be instrumental in development plans for the
SOBOBA SUMMIT project, Intermac agrees to underwrite the start up expenses for this
program, and The BAND agrees to demonstrate their hospitality in a joint effort to develop
the business and resort plan for the future.
The CITY agrees to explore altemative bridge locations other than the proposed bridge at
Lake Park Drive, including, but not limited to, Seventh Street, Esplanade Avenue, and
Soboba Road. Funding for the bridge has yet to be determined. The cost of the bridge
should be shared by those who will receive the benefit from the bridge.
The BAND will grant an irrevocable 66' easement for a new road from Soboba Road
through the west side of the reservation intersecting with BLM land and an unimproved
road called Castille Canyon Road on USGS maps. IN 1ERMAC agrees to pay for the cost
of the permanent road prior to commencing construction on Soboba Summit by allowing its
property to be assessed. The intent is to develop the rough road as soon as possible, and
hard surface it as the project comes on line. Through the entitlement process, it will be
necessary to address, with IN 1ERMAC, the BAND, and other parties the issues of private
versus public road, financing, and accessibility.
BLM agrees to cooperate to the maximum extent possible in expediting a recorded
easement for the road leading to INTERMAC'S property, assist, if necessary, with
condemnation proceedings for the road crossing private property and to assist in a land swap
which would allow INTERMAC the ability to acquire the developable portions of Section
12, so that the costs of the road can be more easily amortized over a larger development.
THE CITY is willing to explore with the BAND, State and County any mutual benefit that
could be gained by the CITY providing fire protection to the Indian Reservation.
Page Three
INTERMAC and The BAND will work together for job training on earthmoving equipment.
BLM will work with the BAND to provide job training for Tribal members and help create
the trail network as part of the recreation area.
BLM will name the recreational area the SOBOBA SUMMIT RECREATIONAL AREA,
which will help build an identity for this as a resort community of major proportions.
INTERMAC will work with the BAND to provide job training and employment
opportunities for Tribal personnel on the SOBOBA SUMMIT project, both during the
construction phase and operational phase thereafter.
BENEFTTS:
This agreement has the potential of creating and providing lasting benefits to all parties in
terms of job creation, economic benefits, and recreational possibilities. It could also
provide, perhaps, the only feasible access route to the mountains which may in itself allow
the SOBOBA SUMMIT project to proceed and become part of the San Jacinto Community.
It may also start a new era in terms of integrating the BAND with BLM and the CITY, and
a lasting example of how the public and private sectors can work together for mutual
benefit.
THE CITY OF SAN JACINTO THE SOBOBA BAND OF
MISSION INDIANS
THE BUREAU OF INTERMAC, INC.
LAND MANAGEMENT
DA 3,1
/ 02 / - 9 .2_
DATE:
TO:
FROM:
STAFF REPORT
January 21 , 1992
Honorable Mayor and City Council
Pamela L. Lee, Deputy City Clerk
SUBJECT: Minutes of Regular Meeting January 7, 1992
RECOMMENDATION: Approve the minutes of January 7, 1992, as submitted,
MINUTES
SAN JACINTO CITY COUNCIL
AND THE CITY COUNCIL SITTING AS THE
REDEVELOPMENT AGENCY AND
INDUSTRIAL DEVELOPMENT AUTHORITY
January 7, 1992
1.0 CALI, TO ORDER
The Regular Meeting of the San Jacinto City Council was called to order at 7:30
P.M. by Mayor Boykin at the Community Center, 625 South Pico, San Jacinto,
California.
Present: Councilmembers Hafliger, Leahy, Richards and Mayor Boykin
Absent: Councilmember Ford
A Moment of Silence was observed for Reflection
The Pledge of Allegiance was led by Mayor Boykin
2.0 SPECIAL PRESENTATIONS
None
3.0 REDEVELOPMENT AGENCY
At the hour of 7:31 P.M. the City Council convened in joint session as the City
Council and the San Jacinto Redevelopment Agency.
3.1 1990-91 Redevelopment Annual Audit Report
A MOTION was made, by Councilmember Hafliger, seconded by
Councilmember Leahy, Acting as the Redevelopment Agency to receive and
file the Annual Audit Report for Fiscal Year 1990-91. Motion carried on a
4-0 vote with Councilmember Ford absent.
3.2 Conflict of Interest Code Amendment
A MOTION was made by Councilmember Hafliger, seconded by
Councilmember Richards, acting in the capacity as the City Council waived
the full reading of Ordinance No. 946 and read by title only and introduced
Ordinance No. 946 repealing Ordinance No. 683, the Conflict of interest
Code, and adopted Resolution No. 2018 amending the Conflict of Interest
January 7, 1992
Code and acting in their capacity as the Redevelopment Agency adopted
Resolution No. RDA 92-1 establishing a Conflict of Interest Code. Motion
carried on a 4-0 vote with Councilman Ford absent.
ORDINANCE NO. 946
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SAN JACINTO, CALIFORNIA, REPEALING
ORDINANCE NO. 683 ADOPTING A CONFLICT OF INTEREST CODE
RESOLUTION NO. 2018
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JACINTO, CALIFORNIA, AMENDING
THE CONFLICT OF INTEREST CODE
RESOLUTION NO. RDA 92-1
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN JACINTO, CALIFORNIA, AMENDING
THE CONFLICT OF INTEREST CODE
_ At the hour of 7:36 P.M. the Redevelopment Agency adjourned.
4.0 CONSENT CALENDAR
A MOTION was made by Councilmember Leahy, seconded by Councilmemher
Richards to approve the consent calendar as presented. Motion carried on a 4-0 vote
with Councilman Ford absent.
4.] Minutes of Regular Meeting of Decemher 17. 1991
Approved the Minutes of the Regular Meeting of December 17, 1991, as
presented.
4.2 Warrant Register
Approved Warrant Nos. 27119 through 27299 dated December 31, 1991, in
the amount of $903,283.65 as submitted by the Finance Director.
Staff clarified for Council that Warrant 27275 was, in addition to fencing
expenses, additional items related to Annexation 66, however, the computer
prints out only the last item of the invoice.
January 7, 1992
In addition, in response to Council inquiry, staff advised with regard to the
payoff on the water tank, the disposition of remaining funds would be
determined by the Council at a later date. With regard t.o the Caldwell Flores
Winters contract costs on the Mello Roos, the total was approximately $40-
42,000 and full reimbursement would be requested from the School District
Mello Roos.
4.3 Appropriations Limitation Fiscal Year 1991-92
Adopted Resolution No. 2019 establishing the appropriations limitation for
fiscal year 1991-1992 pursuant to Article XIIIB of the California Constitution.
RESOLUTION NO. 2019
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA, ESTABLISHING A SPENDING
LIMITATION FOR FISCAL YEAR 1991-1.992
4.4 Bond Release - Tract 21016 (Mirasol Palms)
Accepted improvements and authorized the release of $4,000 cash deposit.
4.5 Improvement Agreement State Street (Chevron U.S.A.)
Approved the improvement deferral agreement and authorized the recording
of same.
4.6 Southern California Edison - Grant of Easement
Located at the southeast corner of Hewitt and Evans Streets.
Approved the grant of easement and authorized the Mayor to sign and the
recording of same.
4.7 Water Line Improvement Reimbursement (885 West Seventh Street)
Approved reimbursement to Jamie and Dawne M. Tiscareno for water line
improvement in the amount of $10,135.00 to be disbursed from Fund 50-5300
Water Enterprise Fund.
4.8 Job Description and Salary Survey
4.8.1 Planner I
4.8.2 Engineering Technician
Approved the job descriptions and salary ranges for Planner 1 and
Engineering Technician and authorized the City Manager to proceed with the
recruitment and selection process.
3
January 7, 1992
4.9 Business License Waiver - Chamber of Commerce
Approved the Chamber of Commerce request for a Business License Waiver
for the carnival to be held February 6-9,1992.
City Manager Easter, in response to Council inquiries advised that staff was
reviewing the entire ordinance which would include a review of waivers and
should he ready about March. On a related matter, staff would also be
coming back with a policy on contributions to non-profit organizations.
Advised that the new Executive Director of the Chamber, as part of their
program of work had pledged to work together with the City on business
licenses.
4.10 Valley Gang Task Force Resolution of Support
Adopted Resolution No. 2020 supporting the Valley Gang Task Force and
community meetings.
RESOLUTION NO. 2020
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JACINTO, CALIFORNIA,
IN SUPPORT OF THE VALLEY GANG TASK FORCE
Councilwoman Leahy advised that the City was endorsing participation in the
Valley Gang Task Force, and their first community meeting would be January
15th at 7:00 P.M. at Valleywide.
5.0 PUBLIC HEARING
5.1 Annexation No. 59
Located southerly and westerly of Soboba Road, easterly of Alessandro
Avenue and northerly of Main Street.
Community Development Director McNahh made a brief presentation,
utilizing the overhead projector, showing the boundaries of the uninhabited
annexation. He further advised that they did not have 100q, consent of the
owners which necessitated a public hearing. Advised that no owners had
voiced opposition and a majority favored the annexation.
Mayor Boykin opened the Public Hearing.
4
January 7, 1992
Michael Ramljak, property owner of approximately 75 acres between Los
Banos and the Expressway, advised that his understanding was the area was
zoned for low density residential. Requested that the annexation be
delayed to consider commercial zoning, which would be more suitable and
compatible. Further voiced concerns regarding health and safety due to auto
exhaust and poor visibility.
Mr. McNabb clarified that the prezoning was part of the filing requirements
by LAFCO, however that did not mean the zoning was set in concrete.
Advised they would consider any viable plan consistent with the General Plan
which would he reviewed as part of the Northeast Area Plan. In addition, the
City would be hiring a consultant to look at the circulation plan and there
would ultimately be some commercial.
Mr. Ramljak requested to meet prior to the final annexation.
Mr. McNabb advised that this was the final official action to determine if
there was sufficient protest and filing would be predicated upon meeting all
the LAFCO conditions, which would take about 4 months. Understood Mr.
Ramljak's concerns and offered to work with him, but the City Council must
make a determination whether Mr. Ramljak was opposed or in favor.
Mr. Ramljak advised that unless his concerns were addressed first he was
opposed.
Mr, McNabb advised that the zoning process takes approximately 6 months.
There being no further testimony Mayor Boykin closed the Public Hearing.
In response to Council, Mr. McNabb advised that Mr. Ramljak's property
(1.0%) was not sufficient to represent at least the 25% needed for an election.
Recommended that the City Council adopt the resolution approving the
annexation and direct staff to file an application with LAFCO when the
conditions were met. Clarified for Council the maintenance agreement for
Ramona Expressway, which was a new LAFCO requirement. Eventually the
City would be responsible for the entire stretch.
A MOTION was made by Councilmember Leahy, seconded by Mayor Boykin
to adopt Resolution No. 2021 approving Annexatio❑ No. 59 and ordering the
annexation of the uninhabited territory to the City of San Jacinto. Motion
carried on a 4-0 vote with Councilman Ford absent.
January 7, 1992
Staff would meet with Mr. Ramljak in the meantime.
RESOLUTION NO. 2021
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JACINTO, CALIFORNIA,
ORDERING THE ANNEXATION OF CERTAIN UNINHABITED
TERRITORY TO THE CITY OF SAN JACINTO KNOWN AS
ANNEXATION NO. 59
6.0 ORAL COMMUNICATIONS
Mayor Boykin inquired if there was a future agenda item regarding the closing of the
alley off Dillon.
Community Development Director McNabb advised there were no such plans for an
item on the agenda.
Jacinto Marquez, 219 Dillon, advised he had received a letter from staff regarding
the alley closure off Cedar between Dillon and Victoria. Stated he was opposed to
such a closure and so were the utility companies which had easements for
maintenance. Requested that the City deny any permits to install fencing blocking
the alley.
Mr. McNabb gave the history of the alley, which was a civil dispute between
neighbors after the City abandoned the alley. The City was advised the court order
had expired and the Attorney had requested that notice be given that a private
property owner desired to fence off the alley. Staff had advised the concerned
owners that the issue was a civil matter.
Mayor Boykin again clarified any issues related to this were civil matters.
City Attorney Cox advised that unless there was some legal obligation upon the City
he did not believe the City could deny a permit.
Mayor Boykin again advised that this was private property and a civil matter, and the
City did not have the authority to get involved. Suggested that the neighbors get
together to take the action they felt necessary.
6
January 7, 1992
City Attorney Cox reiterated the at that point the City had no interest or power to
direct what would happen, and that the neighbors needed to resolve the matter and
possibly obtain reciprocal agreements. Advised he would review the permit if it
came across his desk.
Pauline Benoterie, 201 Dillon, advised the neighbors had already gone to court in
1983, and the judge stated that an casement open for over 50 years could never be
closed.
7.0 CITY DEPARTMENTS
7.1 Conditional Use Permit 2-91 - Surface Mining
Located adjacent to Soboba Road approximately one -quarter mile east of
Gilman Bridge.
Councilman Richards advised that due to recent publicity, and an outstanding
request for an FPPC ruling, he was abstaining on the matter until a ruling was
received with regard to a possible conflict of interest. At that time Mr.
Richards left the Council chambers.
Roger Morgan desired to speak on the issue of the possible conflict of interest
and Mayor Boykin ruled him out of order since that was not the issue on the
agenda.
Mr. Morgan then presented his written comments on the out of order issue
to the City Clerk.
Mr. Morgan advised he had been working with neighbors to mitigate visual
impacts. With the controversy of the proposal he had the opportunity to
discuss the hest future use. Advised he cannot implement new conditions
until the existing lease with Fontana Paving had ended, and it was his desire
to get out of the mining business. Requested cooperation of staff and Council
on the existing mining and reclamation plan, which they would like to
expedite and get into development. Displayed a conceptual plan and
requested the matter be tabled until he came back with a specifc plan for
development to resolve concerns. Hoped to begin development late in the
year.
Mr. McNabb advised that the CUP would expire in July 1992, and if a specific
plan was filed there would be a public hearing.
7
January 7, 1992
Speakers Leonard Wolford, Jeanette Hofman, Cathy Garofolo, Shirley Rifler,
Mark Asheroft, William Jensen, and Linda Tait would wait for the hearing to
speak.
City Manager Easter advised the speakers of the noticing requirements and
advised them to stay in contact with the Planning Department to find out
when the hearing would be scheduled.
Mr. Morgan advised the permit expires July, 1993 and encouraged the
speakers to meet with him beginning the following morning at 8:30 A.M. at
the Rice Development Offices.
A MOTION was made by Councilmember Leahy, seconded by
Councilmember Hafliger to table the matter. Motion carried on a 3-0-1 vote
with Councilman Ford absent and Councilman Richards abstaining.
Councilman Richards returned to the Council Chambers.
8.0 MAYOR AND COUNCIL MEMBER REPORTS/DISCUSSIONS
City Manager Easter clarified that Raymond Buck was ill and his presentation would
be rescheduled.
Mayor Boykin introduced Laurie Mora the new Deputy City Clerk
Councilman Richards, in light of AB 1402 regarding conflict of interest, requested
the record show that Broadcast Consultants made a proposal to the County of
Riverside, under RFP 95006, to do some public relations work for the County Parks
Department at an outdoor show in Anaheim.
Council confirmed attendance at a special study session on January 21st at 6:30 P.M.
9.0 CLOSED SESSION
At the hour of 8:40 P.M. the City Council convened in Closed Session pursuant to
Government Code Section 54956.9 (a) for pending litigation (Settlement Agreement -
Riverside Superior Court Case Wilson vs. City of San Jacinto)
At the hour of 8:50 P.M. the City Council reconvened in Open Session.
8
January 7, 1992
10.0 ADJOURNMENT
A MOTION was made by Councilmember Leahy, seconded by Councilmember
Richards to adjourn. Motion carried o❑ a 4-0 vote with Councilman Ford absent.
The hour of adjournment being 8:51 P.M.
Submitted by
Maurice Armster, City Clerk
Approved by
Francis A. Boykin, Mayor
9
AGENDA 3•02
1-ai-9a
STAFF REPORT
DATE: January 21 , 1992
TO: Honorable Mayor and City Council
FROM: Pamela L. Lee, Deputy City Clerk
SUBJECT: Ordinance No. 946 - Amending Conflict of Interest Code
RECOMMENDATION: Waive the full reading of Ordinance No. 946 and read by title
only and adopt (Second Reading) Ordinance No. 946 amending the City's Conflict of
Interest Code.
BACKGROUND: At the meeting of January 7. 1992, the City Council introduced
Ordinance No. 946 amending the City's Conflict of Interest Code and adopted an amended
code by Resolution. The action being requested this evening will finalize the repeal of the
old code and pave the way for implementation of the new code.
ORDINANCE NO. 946
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SAN JACINTO, CALIFORNIA, REPEALING
ORDINANCE NO. 683 ADOPTING A CONFLICT OF INTEREST CODE
The City Council of the City of San Jacinto, a California
municipality, does ordain as follows:
In compliance with the Political Reform Act of 1974,
Government Code Section 81000 et seq., does hereby repeal the
City's Conflict of Interest Code, hereinbefore adopted by Ordinance
No. 683. Said Code is duly amended and adopted pursuant to
Resolution No. 2018, having been duly noticed and adopted on the
7th day of January, 1992.
Said Code to be effective with the effective date of this
ordinance.
APPROVED AND ADOPTED this 21st day of January, 1992, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Maurice Armster, City Clerk
Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
1
Francis R. Boykin, Mayor
AGENDA 3.2
l-a/-901
DATE:
TO:
FROM:
STAFF REPORT
January 21 , 1992
Honorable Mayor and City Council
Pamela L. Lee, Deputy City Clerk
SUBJECT: Claim - Ray O. Purkey
RECOMMENDATION: Reject the Claim of Ray O. Purkey pursuant to Government
Code.
BACKGROUND: The attache recommendation from the City's claims adjustor
recommends the City Council reject the claim pursuant to Government Code.
COACHELLA VALLEY JOINT POWERS
INSURANCE AUTHORITY
January 3, 1992
Pamela L. Lee,
Interim Deputy City Clerk
City of San Jacinto
P.O. Box 488
San Jacinto, CA 92383
RE: Claims Acknowledgement and Loss Advice
Dear Ms. Lee:
We are in receipt of the claim filed against the City of San
Jacinto by claimant Ray O. Purkey. At this time, we wish to inform
you of our assigned file number:
Claimant: Ray O. Turkey
Date of Loss: 11/14/91 Our Assigned File #: JS 92-05
We also request that you take the action indicated below:
[X] CLAIN REJECTION: Written rejection of claim in accordance with Government Code Section 913.
LATE CLAIN: Do NOT reject claim but RETURN it for failure to file within time limit prescribed in
Government Code Section 911.2. Transmittal NOT to contain "WARNING" required by Section 913, but
should advise that the recourse to file "Application for Leave to File Late Claim" as provided in
Government Code Section 911.4. This mist be returned within 45 days of the date claim mailed or
delivered.
C I INSUFFICIENT CLAIN: Send notice of insufficiency for failure to comply with Government Code Section
910 and/or 910.2 and/or 910.4 and cite the following specific insufficiencies:
This must be sent within 20 days of your receipt of claim.
AMENDED CLAIM: Reject claim as set forth in first paragraph above, CLAIM REJECTION.
APPLICATION FOR LEAVE TO FILE LATE CLAIM: Reject the Application under Government Code Section 911.8.
OPERATION OF LAW: Defer any written response pending our further advice.
Please provide us with a copy of any response requested above. If
you have any questions, please contact the CVJPIA office.
Sincerely,
cott Ellerbrock
Claims Specialist
cc: Jim Cox
City Attorney
73-710 Fred Waring Drive, Suite 200, Palm Desert, CA 92260 (619) 341-0492 FAX (619) 340-5949
A
ye!
TO:
FROM:
SUBJECT:
DATE:
STAFF REPORT
Mayor and City Council
via Pamela S. Easter, City Manager
Anna A. Vega, Finance Director
Approval of Register of Demands and Payroll
January 21, 1992
RECOMMENDATION
Approve warrant numbers 27300 through 27466 dated January 15, 1992 and payroll warrant
numbers 18953 through 19064 dated January 3, 1992 for a total amount of $ 350,653.89.
SUMMARY
A listing of accounts payable warrants is attached for your review and approval.
Due to the limit space under "Description" on the register of demands, the following
breakdown is provided for your information:
Check no. 27401 was for the layout of the newsletter, economic development folder
and the 2010 committee logo design.
Check no. 27437 covers engineering services for the Esplanade project, West San
Jacinto Annexation and the Northwest improvement area.
Payroll warrants can be reviewed in the Finance Department.
""AGE
RJTH �U�W�G
273V,^*
.�v3V+*
']NIrED lF/]P�, � - �,�K
273O�* ICM� �EF�RA�� [DMP DED!k3�DN�
�73o�* �RE3I� �NION �EDL%�TION�
273O'� �;P ,ISION PLA� VIS��N ���8URANCE—�E�EhDE�
273O9* l/�T'L COUNCI^ SHUPP1�8 PEGIS���TION
�7310* �OUTHERN CALIF. EDISON PA MENT MLLECTIONS
; COLLECTIONS
�731n` OUTHERA CSt. IFDIS0po - -bY5FNT COLLECTION3
2731j* -'OUTi1EAA '140LIF, EDI3UN rAYMOT T 1OLLEC1I01 S
.17314* W.
2731CA. LECTIONS
�731^* MUTHERN CALIF, E0I304
2731.* NANCY LEE CHARTER
KWD6RK WE cOMPANY
�Yl;PW WATER BILL
'/*TE
rTy, CANSTR||CTION
�OUTHERQ CALIhiI8'w wEi7 CGLLECTIONC
.Ks22* MUTNERN EMIR 111I8ON WHEHT 'OLLE[7IG,!S
2732�* SU. CH~ GAS cAY�E�T COLLECTIONS
�7�I4* GUPERIOR YANiw. OF DE1401.17,-nI3EL72E
.732u* �OU|lWAN :,ALTF /:DIMN
..3s+* °]LE!E HA�
2733�*
wOUTHERN './^/L1 ! DIloUn
�734� �n�RY �AU�LUND
mElT CYLL�nClIONS
F�/vE�T �ULLECTI�NS
wMOU@l
�00.50
97346
1^937^5�
987^91
27O,19
4O^OO
54B^91
161^35
495,92
355^05
614.5�
413^32
133.56
172^i2
1"O43^O6
1^12S^23
588.O8
446^79
18I^59
249^76
9°75O^OO
4O^00
i43^21
293^77
290^9O
177.45
98O^OO
9OO^0O
�O4.16
246^OO
328^On
�46^0O
33^63
1O5,0�
21.25
34O^47
895^17
66^06
191^48
51,-13
J�CINTO
KEGISTER 00 AUDITED GEMANDS
PAGE
"HECx
27354
27355
27356
2?35�
�7�58
27359,
27360)
27361
27362
2736,n
27364
2736b
�7366
27367
27368
27360,
2737O
2737l
27372
�7373
27374
27375
2737�
2737/
W378
27379
27380
�738l
27382
27383
z7384
27385
z73kid)
27388
2738�
2739O
2739l
27392
27394
2739b
27396
27�9}
27398
273�9
274OO
2740l
274O2
UNITED BAN;
LSSUED TO
SONS
^HSIC �HELTER
BUREAU 3U3INE3S PRACT,
�IRMIN�HAM'S
BLUE RIBBON PLUMBING
�QB'S LUMDER
BOLGTAD'S FIRE EQUIPT^
uUILDERS ENPORIQM
SlBOARD~EQUALIZATIUff
C�LIF. CONTINUING
CALIFORNIA HfDRAULICS
�MPLUYMENT DEV^ uEPT.
CAMDEN URGEWT CARE
CAR WASH DEPOT
CASTELLANO'S TOWIAG
�HEVI'll GN
GARY STRICKLANm
JQSE QUIJADA
WILLIAM SALLADAY
OTEVEN VALENZUELA
PAUL FORTUNE
.iEHkY 8OUQ�OT
J8SEPH KLEIN
,,�lLLIE MILLER
JAMES BELGNG�y
HU�REY �LLISON
COM SER CO^
C.E,D,
COMPUTER RE�OURCE�
QONRAD & WOW ICATTS
"My. L UOX
GREW IT 81MREAU LORO&A
l-,N^ CUkTIS�
uFM ASSUCIATES
J^F^ DAVIDSO}!
�nE BROS BLUEPRIHTHG
DEPT^ OF GEHER&L SERT',
P40^ 0I111030N C&MPAHY
DOMINO'S PI�Z*
EVANS a A5SOCIATE�
DAVID [VANS & ASSOCIATE
OFELIA FIERR(/
FEBE�AL EXPRESS Al
SlEVE FIL�/RSK�
/-E��U��GN^F�AET&SHERMAH
FORMGEM CORr'
/SEW RAL [ELEPHONE CO.
T6MRn GERAPL/
HACH COMPANY
HEMET 1 E�0IN8 ]0L}NG
4/C 2Q1398
OESC;wToOW
0ATE �/i5/92
�E��B�TATE �A|E�LINE
�2 [.O�PLETE P�Y�OLL 6Ul�LINES
SEWER �L�CKAGE~7TH �TREET
�GAC�E�E~WATER
i��DERGR�UND TANK FEE
C�, ME�KANICG LIENS
S�IVEL�~SEWER TRAILER
��EMPL�YHENT BENEFITS
T^BFEST-F.D^
C�TY-CAR WASHES
1OWING C||ARGES~9,D+
CITy V�XICLES-CAR WASH
�EIMB, WATER T'JEF,OSIT
�EIHB. WATER DEFOSIT
�EI��^ �ATER �EPOSIT
REIHBNATER D�PDSIT
i EI/I iB. `11, ;TER DEPOSlT
�EIHB^ WATER I'EF'USIT
�EI��D^ �ATER DEPOSIT
REi:M@ER DEPOSIT
REIMP^ 14ATER DEPOSIT
REIW4 WATER 0E1009I1
�ADIO M�INT^ (��NTRACT
��PF'LIES~3LD8^ DEPT.
F�I�TE� PA�ER~�ATE�
ENGIH[ SUPPLIES~�^D,
EL[CTMN CJDE BUOK
r�AFFYC �NGINEERING
|.EGyi ��DURCEBOO|<~P^D
STREET SWEEPING
E��LOY[� MEETING
�EDICAL PRQDUCTS~F`D
E�GINE��IHG SERVICES
�EI�8. |�ILEABE~�UTREACH
�AILI�G~PAYROLL DISK
LEG�L ��RVIC�3~HOU�EL/CLAIM
LEWAL ARM ICES^^�Ai['ENON/CIM
�E�IST�ATIO@ FEE-C^C
��0�E ��RCICES
DE�IG�~[CON. �EV|F.
C;LGRI�E PRODUCT�
�E(ITER REPAlRS-CAC~
AMOUNT
76~OO
17869^1O
117^g4
24^00
64^5�
1O4^13
292^76
371^15
47^20
87^89
155^96
1298^0O
16,OO
24^5U
35,00
4.00
37^O1
31.O1
5O^0O
1^81
43^5O
17^83
37^O1
36,43
5O^0O
42+36
821^Wo
132~86
91~32
2,:1O8^OO
3,6U5^00
70OO
182^53
48^21
393~OO
155.83
48^35
3,883^75
5O^�5
237^10
11,O62^5O
�^791^23
13^OO
22^5O
�^870^OO
7,O24^4O
35^OO
2^925^46
961^66
2O5^26
363,60
KE6I27.7 0F "MT in 1/ 0%5, PA6[ 3
CHECK l Op MO!)NT
,EnET
.iEnET UETf-wL�.
H�MET �ALL�Y ?OU�
HILL[OF uOFTVARO
nOT AHOTR z xOUK - -DiO
HUBBS �TATIONER�
x\.NG WEviV|
3UPPL7 !To -8i`DGL*NNING
ICLE ^D^
�ILH FINC [SS2NG-Fw~
274t3 I^B^n^ CJ�TE��NCE-PRINTE[
�7414 lCXA cI,40KLIAL WOOK MFENENCE
2741� INL�ND CHEVROLE� �E;ICL� RE9AIRS
�741� lNDUSTRIAL
27417 lN|^ CONF^�LDG^OFFlClAL
�7413 wOES 3HEET IMPS Kok a^
2741f JOHNS8# TRACTOp CU^ 'AEi�IT-VNlT 45�
27420 KARL`S DUMP TRUCK WEED o?ATEhEOJT S
2742l KENNEDy COURT REPORT1N41 LAIH -V, SI!'Up!
S
27422 nIT'S umMERA -!lL
27�2� SHlRLE� KRAUSE REPOR?H8 �LwI10-1ILVAS
�7424 LAKESIDE CHEVROLE7 /EHICL�� �EP�I6�
27425 �j!�W ENF^... EGAL AANUAL SU�SC�I�TION~�^D^
.174z -j.EISERT.CA5SIDf/FRlER8D 1-005AL SMWCD~iq6O! MLATIUNS
2742�LOCAL GOVHJBLIC?T15N 501 S;?PLEMENTING
27428 .�USE LUNA 6AS/�IL�AGE-��TE�
MC ��AL�A BRO�:E��IR� pT 3ATH �EL�
n7^ &nRhEL 6UEST -|wmE AdST0 1GMY /EV^
�oRDEH~�U6C� �T[^ FI�E ° �UPPL�E�
nUNI KI1|O�
NB8.'LGWR� ��6�E�V[�ES
�EWPORTW�VE c��F�u�vL ��IR7NG �ITY �ALL
oVERNlGHT lHDU�TRI^,L �CFP1.f17 7-.WA. AFPM,^
P/^�TELL CELLULA�~�� �ELLULiiR PHOW -`\L- EP77,
.`�GENET
P�6/LK ,.eW
UVOOR\ IMERCE A 'PIT [`:l,
PRIEST FLOORIN�
�,�^ �OMMUHICo�lDNx
�OU��T. OF �IVERS]D�
:;E�','.!L-,�:ADIC P1,0E�,:S
"n7ER 6JPPLIES
)16^O0
192,O0
27^�1
55^98
098~46
770.00
1O5^56
S37^3�
276^00
201,0O
17^5O
121^81
1239,�5
55^73
648^66
71^93
1^32O+OO
655^50
�26^39
242^90
3i.68
89,0O
87.05O
14O^O0
OIto ^29
1,1CA) ^OO
210,OO
|37,38
`75^45
u96,82
342.1O
4�^90
�^277^76
86,2O
�57^83
3i6,2O
l.241^09
165^25
332^89
125^3�
l25^0O
*Fpr�rFP �c 4�DITED DEM�NDS PAGE 4
`�HEC!� [S�UED �O �ESC�IPTIO� AMOQNT
2/45� SG^ C�^ FIRE r��ININ� ^iE��EPS�lP�F.�^
z/4-4�l
�7+b�
274��
�`.SlEh� �OUR�E l/iL. 0FF��E �URNITURE^ADMI�^
[�C E�(T�RMINA7ORS �FR�/I�� w7 �USEUh
JAIdE [ISCAREHE
UNDE�GROUND SERVICE *i.E ���LI�Y �AX N�TF^
VALLEY ELE�TRIC �E��I'`E H �ELL
oNNA VEGA SUl�SI3T�@CE-�SMF� CONFE�ENCE
WALTER^ LEMMON � HOGI��1%.RVICES~WILSGN�CLA1M
CARL WARREN e CO^ LIAB, l�SURAACE �DJUSTE�S
1EROX C�RPORATION C�FIEP �AINTEW1 1NCE
�ELLER PRINTING
* Prepaid Checks
FOND 10 36,813^87 FUND 40 1,685.18
FUND ll 56.38 FUND 42 2,157.96
FUND 14 3,779.54 FOND 50 51,407,I7
FUND 20 14,466.02 FUND 65 99,509,93
FUND 21 5,177.39 FUND 92 564,00
FUND 22 2,059.49 FUND 96 4,646,89
FUND 24 2AO,99 Misc. Payroll 18,760.42
POND 25 2,432,1I @lioc, PayahIes 11,619.11
FUND 36 2,642,10 TOTAL: 358,018.47
5U^OO
187^10
3^936^79
37.5O
0,135^�0
49,OO
70^O0
T3^00
1.945^OO
�33^22
1^635.57
172^14
�58,O1H^47
aDA..s1
-a/-�a.
TREASURER REPORT
TO: Mayor and City Council
FROM: Ken Leahy, City Treasurer
SUBJECT: Treasurer's Report
DATE: January 21, 1992
RECOMMENDATION
Receive and File.
SUMMARY
A listing of City and Redevelopment Agency investments is attached
for City Council's review and filing. Below is a breakdown by fund
of the investments.
10 GENERAL FUND 358,170
GRANTS
11 TITLE IIIB GRANT
32 C.D.B.G.
1,373
9,471 CR
14 SEWER FUND 56,578
INSURANCE
18 WORKERS COMPENSATION
20 LIABILITY INSURANCE
INFASTRUCTURE/STREETS
22 GAS TAX FUND
23 MEASURE "A"
24 LOCAL TRANSPORTATION
25 TRAFFIC SAFETY
38 UNDERGROUND UTILITY
39 FLOOD CONTROL
41 TRAFFIC SIGNALIZATION
179,195
368,905
553,603
213,598
61,509
61, 048
150,418
2,227,140
458,045
30 INDUSTRIAL DEVELOPMENT AUTHORITY 1,588
PARKS & PARKWAYS
29 LIGHTING, LANDSCAPING MAINT.DIST.
31 PARK DEVELOPMENT
.34 PARKWAY DEVELOPMENT FUND
131,517
297,294
310,498
Page 2
Treasurer's Report
COMMUNITY FACILITIES DISTRICTS
35 CFD. NO. 1
36 CFD. NO. 2
*37 CFD. NO. 3
42 ASSESSMENT DIST 87-1
45 DEBT SVC-CFD. NO. 2
40 CAPITAL IMPROVEMNT
100,037
559,270
26,231 CR
52,534 CR
37,053
30,068
WATER ENTERPRISE
50 WATER FUND 417,738
*65 TRUST ACCOUNT (Deposits) 833,579
66 ASSETS FOREFITURE (P.D. Narcotics) 15,127
TOTAL GENERAL INVESTMENTS $ 7,335,115
REDEVELOPMENT
92 SOBOBA PROJECT 385,310
96 SAN JACINTO PROJECT 496,683
TOTAL REDEVELOPMENT $ 881,993
TOTAL CASH AND INVESTMENTS $ 8,217,108
* Adjusted January 1992
DATE
CITY OF SAN JACINTO
TREASURER REPORT
FOR THE MONTH OF DECEMBER 1991
INSTITUTI INTEREST MATURITY PRINCIPAL
SERIAL # RATE DATE AMOUNT
02-20-85 STATE-L.A.I.F 6.591 Average 7,269,631
SERIAL # 9833794
01-19-88 STATE-L.A.I.F. 6.591 Average 881,993
SERIAL # 5133120
CHECKING First Interstate Open 65,484
SERIAL # 3980000
TOTAL INVESTMENTS 8,217,108
I certify that these investments comply with all State
Laws pertaining to the investment of Local Agency Funds
and the City of San Jacinto's investment policies.
Ken Leahy
City Treasurer
CITY OF SAN JACINTO
AGENDA -43
94,2
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
-1-4`,1(
FROM: John Townsel, Water Superintendent
DAlb: January 21, 1992
SUBJECT: Notice of Completion
Irrigation Well - Rancho San Jacinto
RECOMMENDATION
Accept the Irrigation Well Improvements at Rancho San Jacinto and authorize the City
Clerk to file a Notice of Completion.
BACKGROUND AND ANALYSIS
The irrigation project for Community Facilities District 2 has been successfully completed
by Genesis Construction of Hemet. The new well and booster installations are fully
functional. The original contract price was $150,064.37. One change order for $878.70 was
approved. The final project cost was $150,943.07.
AGENDA 4 • /
TO:
PROM:
DAIL:
SUBJECT:
Recommendation
MEMORANDUM
Honorable Mayor and Members of the City Council
Les Evans, Interim Director of Public Works
January 21, 1992
Hemet/San Jacinto Groundwater Association
1. Approve the Articles of Association of the Hemet -San Jacinto
Groundwater Association.
2. Reaffirm the appointment of Councilman Hafliger as the City of
San Jacinto representative on the Hemet -San Jacinto Groundwater
Association Board of Directors.
Background and Analysis
On March 12, 1991, the Eastern Municipal Water District and the Lake Hemet Municipal
Water District sponsored a meeting of Hemet and San Jacinto water basin pumpers. The
purpose of the meeting was to discuss the need for a long range water management plan for
the Hemet and San Jacinto water basins which would ensure adequate storage in the
underground basins to ensure an adequate water supply to carry the basin pumpers through
extended dry periods.
As a result of that meeting, regular monthly meetings of Hemet/San Jacinto basin well
owners have taken place. The City of San Jacinto has been represented at those meetings
by Councilman Hafliger.
At the December 2, 1991 Hemet -San Jacinto Groundwater Association meeting, the Board
approved Articles of Association. The articles include a mission statement, a definition of
the boundaries of the Hemet and San Jacinto groundwater basins, the purpose of the
Association and membership of the Association. The Articles of Association require that
a seven member Board of Directors be elected annually and that the City of San Jacinto,
the City of Hemet, EMWD, and Lake Hemet Municipal Water District shall each be
represented by a member of the Board.
Page Two
The Association intends to investigate the establishment of a formal groundwater
management district which will be empowered to regulate groundwater extraction in the
basins. This "groundwater management district" can be formed through special legislation
of the State Legislature, through adjudication of the basin by Court action or under existing
law such as AB 255. It is likely that a Management District would establish a pump tax
which would in turn generate funds for replenishment of the basin.
Attachment
ARTICLES OF ASSOCIATION
OF
HEMET-SAN JACINTO GROUNDWATER ASSOCIATION
ARTICLE I
The name of this Association is "HEMET-SAN JACINTO GROUNDWATER
ASSOCIATION" (hereinafter "Association").
ARTICLE II
Mission Statement
Section 1. The Association serves as the regional groundwater
management entity for portions of the San Jacinto Valley and
Groundwater Basins. The mission of the Association is to maintain
a secure, reliable and reasonably priced supply of high quality
water for groundwater producers in the Basins. The Association
will implement its mission by developing and applying sound
groundwater basin management concepts.
Section 2. The portions of the San Jacinto Valley Groundwater
Basins (hereinafter Basins) shall include the Canyon area, the
Intake area, and the upper pressure area, of the San Jacinto
Hydrologic Subarea; the Hemet Hydrologic Subarea; and a portion of
the Winchester Hydrologic Subarea. Such also being that portion of
the San Jacinto Valley southeasterly of Bridge Street and north-
easterly of one -quarter mile west of California Avenue in the area
of Simpson Road, together with tributary basins, streams, and
watersheds. A diagram of the subject area is attached to these
Articles as Attachment "A". The subject areas of the Association
can be amended as the Board of Directors (hereinafter "Board") may
from time to time prescribe.
ARTICLE III
Purposes
Section 1. To take an active interest in problems and issues
relating to groundwater conditions and management in portions of
the San Jacinto Valley and Groundwater Basins.
Section 2. To investigate issues and problems relating to
groundwater management, to formulate and disseminate factual and
educational data in connection with the supply of groundwater, its
depletion, its quality and contamination, and its conservation, and
methods of recharge and water quality assurance to provide said
Basins its inhabitants and the pumpers and users of water there-
from, with a dependable supply of water to meet their present and
future needs.
-1-
A:VISJGA\Articles.bv
Novubar 20, 1991
Section 3. To investigate legislative or regulatory measures,
federal, state or local, which bear on, relate to, or control the
preservation, improvement or recharge of the Basin's water supply
or supplemental sources of supply and, if advisable, express
opinions in connection therewith.
Section 4. To cooperate with its members and other persons, firms,
corporations, municipalities, districts, and other agencies, both
public and private, interested in or affected by such problems and
the solution thereof in any and all matters relating thereto.
Section 5. This Association does not contemplate, nor shall it
result in pecuniary gain or profit to the members thereof, and it
shall have no power to engage in any business for profit.
ARTICLE IV
Membership
Section 1. Regular Members.
Any person, firm,
agency, public or
within the Basin,
association.
corporation, district, municipality, or other
private, pumping or diverting water, from or
may be admitted as a regular member in this
Section 2. Associate Members.
Any person, firm, corporation, district, municipality, or other
agency, public or private, interested in or affected by the purpose
of this Association and who is not qualified as a regular member
may be admitted to membership as an associate member in this
Association.
Section 3. Membership Agreement.
Upon joining this Association, the member shall execute an
agreement approving and adopting these Articles.
ARTICLE V
Board of Directors
Section 1. Board of Directors
The affairs of this Association shall be conducted and all rights
and powers of members shall be exercised by and through the Board
whose members shall be appointed as hereinafter provided. The
Board shall be composed of seven Directors: A President, a First
Vice President, a Second Vice President, a Treasurer, a Secretary,
and two at -large members. The Board shall be elected by the
membership at the first full meeting of the year. Lake Hemet
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A: A\Articles.bsv
a.�r 20, 1991
Municipal Water District, Eastern Municipal Water District, the
City of Hemet, and the City of San Jacinto shall each be represent-
ed by a member on he Board.
Section 2. Voting Rights
(a) Regular Members.
Each regular member shall be entitled to one vote.
(b) Associated Members.
No associate member shall have the right to vote or hold
office in the Association.
Section 3. Regulations.
The Board shall adopt such regulations for its government as it may
deem necessary.
Section 4. Quorum.
Seven members of the Board or a majority thereof, whichever is
less, shall constitute a quorum for the transaction of all
business.
Section 5. Compensation.
The Directors shall not receive any compensation for their services
as such, but, by resolution of the Board, shall be entitled to
reimbursement for actual and necessary expenses incurred in the
performance of their duties, and also by authority of the Board
they may be compensated for services rendered in any other capacity
on behalf of the Association.
Section 6. Consultants and Employees.
The Board may appoint and employ consultants.and employees as may
be necessary, who need not be members of the Board nor of the
Association.
The officers, consultants, and employees so selected shall perform
such duties and receive such compensation as the Board may from
time to time prescribe.
Section 8. Powers and Duties of Officers.
Subject at all times to the control and discretion of the Board,
each officer shall have and exercise the powers and duties usual to
this office.
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A:\HSJGA\Articles.bsv
November 20, 1991
Section 9. Meetings.
Regular meetings of the Board shall be held on the first Monday of
each month at the hour of 11:30 A.M. at the Eastern Municipal Water
District Board Room. Full Meetings of the Membership shall be held
quarterly at dates and times to be set by the Board. Special
meetings may be called by the President, by the majority vote of
the Board, or upon petition of members representing 20 percent of
the current membership of the Association. The place of regular
meetings and the time and place of special meetings shall be
designated by the President, or, if he fails to act, by the Board.
Written notice of each meeting of the Board shall be mailed by the
Secretary to each member of the Board at least ten days prior to
the meeting.
ARTICLE VI
Finances
Section 1. Fiscal year.
The fiscal year of this Association shall be the calendar year.
Section 2. Annual Dues.
The annual dues for regular and associate members shall be $25.00
per year.
Section 3. Expulsion of members.
The Board shall have power to make rules and regulations relative
to the payment of dues, and may expel any member who fails to pay
the same within sixty days after the due date thereof.
Section 4. Limitation of Expenditures
The Board shall have control of the expenditures of all funds of
this Associations but shall not authorize any expenditure nor incur
any obligation or indebtedness in excess of the available funds on
hand.
Section 5. Annual Audit.
There shall be an annual audit of accounts of the Association by a
certified public accountant, designated for that purpose by the
Board.
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A: \lrticlea.bav
20, 1991
ARTICLE VII
Withdrawal from Membership
Any member may withdraw from this Association by giving written
notice thereof to the Secretary.
ARTICLE VIII
These Articles of Association may be amended by the Board at any
regular meeting or at any special meeting called for that purpose
by a vote of two-thirds of the membership in attendance at the
meeting. Written notice of any proposed amendment containing the
wording thereof, and the time and place of the meeting at which
this amendment will be considered, must be mailed to each Director
by the Secretary at least thirty days prior to such meeting.
-5-
A:\}LSJGAALrticles.bav
%member 20, 1991
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CITY OF SAN JACINTO
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STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Ross Chadwick, Fire Chief/Building Official
DATE: January 21, 1991
SUBJECT: CO UNITY BEAUTIFICATION PROG
STAFF C 1 ' E . t ATION:
Adopt the Co laity Beautification Ordinance at the January 21, 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's total Image Enhancement 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. These programs will help to
keep San Jacinto healthy, vibrant, well maintained and economically sound.
Staff proposes that our Community Beautification Program be composed of the
following three essential components:
1. A Community Beautification Ordinance
2. A Real Property Records Report Ordinance
3. A Rental Housing Inspection Ordinance
January 21, 1992 Page 1
Community u on Program Staff 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."
Moreover, our general approach is non -confrontational, following the adage that
one gets greater results with honey than with vinegar.
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:
1. A comprehensive and all-inclusive definition and list of public
nnis noes.
An appeals mechanism giving alleged violators their "day in court."
A section allowing the City to recover costs of abatement (including
staff time, overhead, contractors and equipment).
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.
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 near
future 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.
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
ordinance will require an application be filed with the City for a real property
January 21, 1992 Page 2
Community Beautificatit. Program Staff Report
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 Real 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.
2. 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. Moreover, the Azusa City
Council likes the program, because it has produced almost immediate, visible
improvements in the community and better living conditions with the costs being
paid by rental property owners.
January 21, 1992 Page 3
ORDINANCE NO.
AN O' r°INANCE 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 O.'' lAIN AS FOLLOWS:
Section 1. The City Council of the City of San Jacinto fmds and determines that
this City desires well -kept properties and strict enforcement of building and
zoning regulations and that the values and general welfare of this community 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 fmds 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:
January 21, 1992 Page 1
Co_ nunity Beautification Ordin.__ce
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
g.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.
January 21, 1992 Page 2
immunity Beautification Or lance
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, apal 'Anent, 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 appointedpy the it Council. 111-e
-€4- lc 1(
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.
January 21, 1992 Page 3
Oa_ nunity Beautification Ordin_ ce
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 rcault 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.
2. Uncovered excavations. Uncovered excavations of more than three
feet in depth having a total volume in excess of six cubic feet.
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
January 21, 1992 Page 4
immunity Beautification Or, Jance
the building exterior is mostly worn off; and such buildings 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 conform 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.
8. The maintenance of any building, structure or property in violation
of the provisions of or in an unsafe or substandard condition as
defined in various uniform construction codes as adopted by the
City.
January 21, 1992 Page 5
Ca minify Beautification Ordin.„ ce
C. Property Maintenance:
1. 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.
3. Trash, garbage or refuse cans, bins, boxes or other such containers
stored in front or sideyards and visible from a public street.
4. Packing boxes, lumber, junk, trash, salvage materials, or other
debris kept on the property for an unreasonable period and visible
from a public street.
5. Attractive nuisances dangerous to children and visible from a public
street. including abandoned, broken or neglected equipment,
machinery, refrigerators and freezers, hazardous pools, ponds and
excavations.
6. Broken or discarded furniture, household equipment and furnishings
or shopping carts stored on the property for unreasonable periods
and visible from a public street.
7 Overgrown vegetation likely to harbor rats, vermin and other
nuisances causing detriment to neighboring properties or property
values or obstructing necessary view of drivers on public streets or
private driveways and visible from a public street.
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.
9. Graffiti or other words, letters or drawings which remain on the
exterior of any building or fence for an unreasonable period and are
visible from a public street.
January 21, 1992 Page 6
unity Beautification On_ ante
10. Boats, trailers, vehicles, vehicle parts or other articles of personal
property which are abandoned or left in a state of partial
construction or repair for an unreasonable period of time in front
yards, sideyards, driveways, sidewalks or walkways and are visible
from a public street.
11. Camper shells which are left for an unreasonable period of time in
front yards. driveways, sideyards, sidewalks, or walkways and are
visible from a public street.
12. Breeding places for flies. Any barn, stable, chicken house or yard,
manure or fertilizer pile which is a breeding place for flies, or liable
to become such.
13. Any accumulation of garbage or filth.
14. Obstructions to sidewalks, streets, etc. Unapproved encroachments
upon or obstructions in or to any sidewalk, street, alley, lane, court,
park or other public place.
15. Sidewalks dangerous to public safety. The existence or presence of a
sidewalk in need of repair and which is dangerous to the public
safety.
16. Water which is a breeding place for mosquitoes. The accumulation
of any pool of water in such a manner that the same is, or may
become, a breeding place for mosquitoes.
17. Substantial neglect of property, including all yard areas, landscaping,
irrigation systems and similar improvements.
18. Paved areas which have deteriorated containing loose material,
potholes, broken, raised or depressed sections, or insufficient to
prevent mud and/or dirt.
19. The accumulation ofjunk. 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.
January 21, 1992 Page 7
Co. aunty Beautification Ordin. ce
E. Noises:
1. Human, animal, electrical, etc. The persistent emission or
maintenance of any noise produced by means, 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. Wrecking yards, junkyards, etc. Automobile wrecking yards; brick,
cement block or tile yards; junkyards; junk iron or metal; dilapidated or
dismantled automobiles; household appliances; machinery or parts within
any residential district as the same are defined in this Code or any other
City ordinance.
H. Signs:
1. Signs constructed or erected in violation of the provisions of this
City Code or any other City ordinance as in effect at the time of
their construction or erection.
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) daya.
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.
January 21, 1992 Page 8
immunity Beautification OA _lance
The storage, discharge, handling, maintenance, use or otherwise dealings
with hazardous substances, as defined by applicable state or federal laws or
regulations when:
1. In violation of federal, state or local laws or regulations.
2. In such a manner to affect in any way air or water quality.
3. In such a manner as to create an identifiable risk of accidental release
of the substances, which release might adversely affect the health,
safety or welfare of persons, property damage, or adversely after
air or water quality.
J. Vehicle(s) as defmed 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.
L. Any of the conditions described in this chapter which exist on a property
and are not visible from a public street, but the City has received more
than one complaint.
8.04.060 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, upon the recommendation of a
duly authorized representative, 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.
January 21, 1992 Page 9
Col tunity Beautification Ordin,
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 tp 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.
January 21, 1992 Page 10
immunity Beautification Ch tance
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 properly abated within the period established under
the provisions of Section 8.04.060, the property owner, lessee or occupant shall
be served with a written notice of intention to abate the nuisance in accordance
with Sections 8.04.090 and 8.04.120.
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 8.04.110
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.
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. mow„, 3
1 t !tee
January 21, 1992 Page 11
Co unity Beautification Ordin.
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 fmds 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 assessedupon 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. Review of any administrative decision
rendered under this chapter shall be subject to the limitations provision of
California Code of Civil Procedures Section 1094.6.
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 in the manner provided in Section 8.04.090.
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 Cammittoo prior to tho oxpircation of tho
abatement period set forth in the order. If the nuisance has been inspected by the
enforcement officer and has been abated in accordance with the order,
proceedings shall be terminated.
8.04.170 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
January 21, 1992 Page 12
mmunity Beautification Ork ance
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
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.
January 21, 1992 Page 13
C unity Beautification Ch-din, ice
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.
8.04.210 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.
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 mariner and means provided by law;
C. Such notice of lien shall be in the form as required by this Code, law or
regulation.
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
January 21, 1992 Page 14
mmunily Beautification Ori.. _.ance
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.
3. Any person who obstructs, impedes or interferes with any
representative of the City or with any person who owns, leases or
occupies property when any of the 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;
2. A fine not exceeding one hundred dollars ($100.00) for the second
(,
violation within one year; 3. A fine not exceeding two hundred and fifty dollars ($250.00) for
each additional violation within one year.
C. Each day such a violation is committed or permitted to continue shall
constitute a separate offense.
8.04.230 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.
A The appeal and any required fee shall be filed with the City Clerk within
five working days following the decision of the Community Preservation
Committee. The appeal shall be in writing and shall state the grounds for
the appeal.
B. The City Clerk shall set the matter for a hearing before the City Council at
a date and time not less than ten (10) nor more than thirty (30) days
January 21, 1992 Page 15
Co nunity Beautification Ordin, 4ce
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.
B. The Council shall follow established rules of procedure for the conduct of
hearing appeals.
C. If the City Council finds from the relevant evidence presented at the
hearing that the action taken was in conformity with the provisions of the
Code, it shall require compliance with the order of abatement within thirty
(30) days after the mailing of a copy of its order to the affected property
owner unless a period of time in excess of thirty days is specifically
authorized within which to abate the nuisance.
D. If the nuisance is not abated within the thirty (30) day period or within
such longer period as the Council may provide, the Code Enforcement
Officer is expressly authorized and directed to enter upon the premises for
the purpose of abating the nuisance.
E. The City Council action is final.
FEES, PROCEDURES AND TIME FRAMES
The City Council shall by resolution establish certain fees and approve specific
procedures and reasonable time frames for this Ordinance.
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
January 21, 1992 Page 16
Inmunity Beautification On. ,ance
would have passed all other portions of this Ordinance independent or 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 21st day of
January, 1992.
MOVED, PASSED and aOPTED at a regular meeting of said City Council
on the 4th day of February, 1992 by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Mayor
City Clerk
CERTIFICATE
STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF SAN
JACINTO
I, Maurice Armster, City Clerk of the City of San Jacinto, do hereby
certify that the foregoing is a true copy of Ordinance No. duly adopted by
the City Council of the City of San Jacinto at a regular meeting thereof held the
4th day of February, 1992.
WITNESS my hand and official seal of the City of San Jacinto this
day of February, 1992.
January 21, 1992 Page 17