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HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 10/6/19925.10 STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Brian McNabb, Director of Community Developmentyden/ DATE: October 6, 1992 SUBJECT: Request for Release of Bonds for Tract 22950-2 APPLICANT: California Ranch Homes RECOMMENDATION The performance bond and the labor/material bond were executed as one bond. Staff recommends that the Council release the following bond value for the above referenced tract. 1. Tract 22950-2 (Labor/Material and Performance) Bond #3SM 720 943 00 Additionally, direct the City Clerk to notify the following agencies/individuals: 1. California Ranch Homes Development Company of Hemet 255 North Gilbert Street, Suite C-3 Hemet, CA 92343 2. Brown and Bacher P.O. Box 3479 Hemet CA 92546 BACKGROUND On August 18, 1992 there was a request for release of bonds at the City Council meeting. The above mentioned bond was reduced to 10 percent of its original value which was $25705.00. At this time it should have been reduced entirely. At this time, the public improvements for the above tracts are in good condition and staff is recommending release of the remaining $25705.00 bond. •11 STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Brian McNabb, Director of Community Development via Pamela S. Easter, City Manager DATE: October 6, 1992 SUBJECT: Final Release of Sewer and Water Bonds for Tract 23166 APPLICANT: SAN JACINTO PARTNERS II GUY HOCKER, REALTORS RECOMMENDATION Staff recommends that the bonds listed below be released and that the City Clerk notify the agencies/individuals listed below: Bonds 1. Bond #973434S - Water ($8,134.50) 2. Bond #973435S - Sewer ($13,419.75) Agencies/Individuals 1. San Jacinto Partners II Guy Hocker, Realtor 4747 W. El Segundo Blvd. Hawthorne, CA 90250 The Insco/Dico Group P.O. Box 3343 Anaheim, CA 92803-3343 BACKGROUND On June 18, 1991 the City Council accepted a portion of the public improvements for Tract 23166 and reduced the related water and sewer bonds. A recent inspection has confirmed that the water and sewer improvements are in good condition. Resp tfu Submitted, BRIAN MC NA.BB Director of Community Development MEMO TO: LINDA JO ROSE FROM: GRACIELA V. ALVAREZ DALE: August 28, 1992 SUBJ: BOND RELEASE T-23166 A review of the Final Map 23166 file has been done, from this review it was found that on June 18, 1991 the City Council release the bonds as follows: WATER BOND REDUCED TO 15% ($8134.50). Initially bonded for $54230.00 SEWER BOND REDUCED TO 15% (13419.75). Initially bonded for $89465.00 PAVING BOND REDUCED TO 50% (73132.50). Initially bonded for $146265.00 Michael Boulan has inspected the subdivision and has released the improvements for final inspection of the houses. Certification of monumentation from the G.V.W. Surveying Incc. is enclosed for the release of the 53400.00 Subdivision Monumentation Bond. GRACIELA V. ALVAREZ Typist Clerk II Attachments: City Council Minutes 6-18-91 Original bonds Final inspection checklist June 18, 1991 Minutes Page 3 CONSENT CALENDAR (cont'd) M. Resolution for Adoption - Resolution No. 1964 A Resolution of the City Council of the City of San Jacinto, California, initiating proceedings for the annexation of certain territory generally located south of Washington Avenue, west of Windham Street, east of Hewitt Street and north of Park Avenue in the San Jacinto area (Annexation No. 68). (Staff recommends approval) N. Ordinance for Introduction - Ordinance No. 937 An Ordinance of the City of San Jacinto, amending Chapter 8.20 of Title 8 of the San Jacinto Municipal Code relating to AlaLiu Systems. (City Attorney recommends approval.) 0. Resolution for Adoption - Resolution No. 1960 A Resolution of the City Council of the City of San Jacinto establishing fees for alarm systems pursuant to Chapter 8.20 of the San Jacinto Municipal Code (Ord. No. 937). (City Attorney recommends approval.) P. Release of Paving, Sewer and Water Bonds Applicant: Barratt American Incorporated Location: Tract 23793 Staff recommends reduction as follows: Water bond from $188,881.25 reduced to $28,332.19 Sewer bond from $196,459.50 reduced to $29,468.93 Paving bond from $814,274.67 reduced to $122,141.21 Q. Release of Paving, Sewer and Water Bonds Applicant: San Jacinto Partners II Location: Tract 23166 Staff recommends reduction as follows: C Water bond from $54,230.00 reduced to $8,134.50 0-""(1- Sewer bond from $89,4-65.00 reduced to $13,419.22--- Paving bond from $146,265.00 reduced to $73,132.50C--.71-, R. Authorization to submit an application to California Statewide Communities Development for Recreational Feasibility Study. (Staff recommends approval.) S. Chamber of Commerce Request for Waiver of Fees for carnival to be held July 11-14, 1991 at the corner of Esplanade and San Jacinto Avenues. (Staff recommends approval.) C4_4: 3 , e _ Jwne 18, 1991 Page 4 CONSENT CALENDAR (cont'd) T. SENIOR ADMINISTRATIVE SECRETARY - Approval of Job and Salary Range Classification for Deputy City Clerk position. (Report to be distributed Monday). U Award of Soils Engineering Contract - Esplanade Project. Staff recommends a contract be awarded to Inland Foundation Engineering in the amount of $5000 to select the ideal pavement design. Staff additionally recommends that Inland be hired to perform compaction testing per their normal fee schedule. V. Final Tract Map 24738-1 and 24738-2 Applicant: Forecast Corporation Location: Between Cottonwood and Seventh and Kirby Streets (Staff recommends approval.) W. Acceptance of Declaration of Posting Agenda pursuant to City Attorney. Councilman Ford questioned (Item II -I) if the contractor, Gene Rheingan, would have enough equipment to take care of both the City of Hemet and San Jacinto's weed abatement programs. Fire Chief Chadwick stated that Mr. Rheingan was prepared to handle both cities. Councilman Richards inquired if it would be possible next year to bid with Hemet in hopes of a price break. Chief Chadwick stated that Hemet had also expressed an interest in a joint effort and they would look at this again when bidding next year's program. Councilman Richards inquired (Item II-K) how much the City would receive from this assessment and how would it be used. Finance Director Vega advised that the City would receive $.40 per $1.00 and that the funds must be used to reduce air pollutants. Councilman Richards requested that an additional statement be added to Item II-U, stating that the 5000 should be a not to exceed price. Motion by Mayor Boykin to approve consent calendar items A through W, with inclusion of statement in Soils Engineering (Item II-U) adopt Resolution Nos. 1964, 1965, 1966, and Ordinance No. 935 and introduce Ordinance No. 936 to second reading and waive the reading 4 STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Brian Mc Nabb, Director of Community Development via Pamela S. Easter, City Manager DATE: October 6, 1992 SUBJECT: TENTATIVE TRACT 23436, THIRD (FINAL) EXTENSION OF TIME APPLICANT: ALLEN E. JOHNSON COMMONWEALTH PARTNERS 3452 Windspun Drive Huntington Beach, CA 92649 LOCATION: Southwest corner of Hewitt Street and Commonwealth Avenue NEIGHBORHOOD Rose Ranch RECOMMENDATION Staff recommends that the Council grant the third and final extension of time for Tentative Tract 23436, to be extended to October 10, 1993, and modify Planning Department Condition #24, relative to school impact mitigation. BACKGROUND Tentative tract maps are approved by the Planning Commission and are active for two years. Tract maps may be approved for two -one year extensions by the Commission. A third and final one year extension may be approved by the City Council. Tentative Tract Map 23436, a 207-lot single family subdivision of 47 acres, was initially approved at the October 1988 Planning Commission meeting. The Planning Commission has previously granted two, one-year time extensions. The applicant is now requesting that the Council grant the final one- year time extension. As of this date, the subdivider has recorded one 54-lot phase. City Council October 6, 1992 Page No. 2 Based upon the Cooperation Agreement entered into by the City and School District, the District has determined the appropriate wording for the school mitigation condition. The previous wording of the condition added last year, required participation in an assessment district to finance school facilities. The current wording is a more accurate reflection of the terms of the Cooperation Agreement, by requiring the developer to pay fees, participate in a Community Facilities District or an alternative financing program. The City is in receipt of an agreement between the developer and the School District for appropriate school mitigation. However, it is still necessary to include the correct language for the school mitigation condition. Additionally, the current school mitigation condition includes wording which allows the developer an alternative to participation in a school district CFD. The appropriate wording as recommended by the School District for Planning Department Condition #-24, is as follows: "Prior to the issuance of a building permit, the developer shall pay all school fees and participate in the formation and establishment of a community facilities district and the issuance of bonds thereby, and/or participate in other satisfactory alternative financing programs to finance educational facilities." Prepared By, s� TIMOTHY HULTS Senior Planner Approved By, [} BRIAN MC NABB Director of Community Development STAFF REPORT TO: Honorable Mayor and Council Members FROM: Les Evans DATE: October 6, 1992 SUBJECT: NOTICE OF COMPLETION Recommendation: Accept the public improvements installed under contract by Matich Corporation in Community Facilities District #2 and authorize the City Clerk to file a Notice of Completion and Mayor to sign the Agreement on behalf of the City Council. Background and Analysis: On September 19, 1989, the City Council approved a contract with Matich Corporation for the construction of public improvements in the Rancho San Jacinto development, Community Facilities District #2. The contract amount was $2,432,563.50. The work performed by Matich Corporation included: A.C., paving, PCC curbs and gutter, sidewalks, irrigation and drainage and utility structures, street lights, and all related construction at direction of City. The work has been completed, by Matich Corporation and the work has been inspected and approved by the City Public Works Inspector. During the course of the contract, Matich Corporation has been paid $3,475,210.56 for work accomplished under the contract. The increase over the contract amount was due to: a. Change orders exceeding $725,000, principally for electrical, phone and signs, striping, drainage and underground revision. b. Additional contract item quantities of $150,000 reflecting plan changes and additions during construction. c. Extra work for time and material and material items over $75,000. d. Negotiated periphery improvements, material and labor developer offsite exchanges over $90,000. Notice of Completion/Matich October 6, 1992 Page Two At the present time, the work by Matich Corporation has been complete for over one year. Due to disagreements over whether or not additional payments are due to Matich, the project has never been closed out. Matich feels that they are owed an additional $87,000. In order to resolve the conflict and receive a Notice of Completion, Matich Corporation has agreed to sign an agreement not to pursue additional payments in exchange for the City filing a Notice of Completion and releasing performance bonds. WHEN RECORDED RETURN TO: City Clerk City of San Jacinto 201 East Main Street San Jacinto, CA 92383 NOTICE OF COMPLETION FOR RECORDERS USE ONLY Notice is hereby given by the undersigned owner, a political subdivision of the State of California, that a public work of improvement described as Asphalt Raving_ curb, gutter, sidewalk, irrigation and drainage and utility structures street lights and related construction. has been completed and was accepted by the undersigned awarding authority on the date hereof. The contractor on such work was MATTCH CORPORATION and the surety bond is with Reliance insurance Co. The real property upon which said work was performed is in the City of San Jacinto, County of Riverside, State of California and described as: (Legal description or street address or other specific location) Rancho San Jacinto Development Community Facilities District No. 2 Date: City of San .1ar-i ntn (Date of Acceptance) (Name of Political Subdivision) STATE OF CALIFORNIA) By ss COUNTY OF RIVERSIDE) Title 1 hereby certify that I am the of the City Council of the City of San Jacinto, California the political subdivision which executed the foregoing notice and on whose behalf I make this verification; that I have read said notice, know its contents, and that the same is true. I certify under penalty of perjury that the foregoing is true and correct. Executed at San Jacinto, California on (Date) Deputy City Clerk SETTLEMENT AGREEMENT AND RELEASE AND COVENANT NOT TO SUE This Settlement Agreement and Release and Covenant not to Sue is entered into on the Effective Date (as defined hereinafter), by and between MATICH CORPORATION, A California Corporation, hereinafter, ("MATICH"), and THE CITY OF SAN JACINTO, A Municipal Corporation, hereinafter, ("CITY"), and SAN JACINTO COMMUNITY FACILITIES, District No. 2, hereinafter, ("AGENCY"). RECITALS. This Agreement is made with reference to the following facts: A. Pursuant to Advertisement for bids and information for Bidders' as Advertised by ("AGENCY"), ("MATICH"), submitted its Bid, for a certain work of improvement described as San Jacinto Community Development Phase 1, Construction, STREET IMPROVEMENT, August, 1989. The Contract was awarded to ("MATICH"), on or about September 19, 1989. This Agreement relates to that certain work of improvement, including, but not limited to all work performed thereunder by ("MATICH"), and of the obligations arising thereunder, by ("CITY") and ("AGENCY"), in addition to the Documents identified as Bidding Documents, Contracts, of and concerning that certain work of improvement identified as SAN JACINTO COMMUNITY FACILITIES, District No. 2, ("AGENCY"), San Jacinto Community Development Phase 1, Construction, STREET IMPROVEMENT, August, 1989. B. ("MATICH"), ("CITY"), and ("AGENCY"), have agreed to Settle all Differences, Claims, Allegations, Assertions, Disputes, Potential Causes of Action, and Rights including without limitation, all obligations owned by each Party to the other arising out of the Bidding Documents and Contracts, and performance of the Parties' thereto of and concerning that certain work of improvement identified as SAN JACINTO COMMUNITY FACILITIES, District No. 2, San Jacinto Community Development Phase 1, Construction, STREET IMPROVEMENT, August, 1989. Now, therefore, in consideration of the mutual Covenants and Agreements herein contained the Parties' Agree as follows: AGREEMENT. 1. No Monetary Consideration. ("MATICH"), ("CITY"), and ("AGENCY"), hereby Acknowledge and Agree that there will be no Monetary Consideration passing to or from either Party as consideration either full or partial, under this Agreement. Meyers Agreement Page 2 shall retain receipts for such out-of-pocket expenses, and shall provide the same to City upon request. City shall reimburse Consultant only for coach class air fare. 3. DEVOTION OF SERVICES: Complete the three day visit within thirty days of the approval of this contract and complete the written report within sixty days. 4. CONFLICT OF INTEREST: Until such time as the City receives the report, the Consultant agrees that he shall not provide any services upon any competitive retail project within a hundred (100) mile radius of San Jacinto, without the written consent of the City Manager. Copies of the written consent would be provided to the City Council. Consultant further acknowledges that as a Consultant to the City, he is subject to the provisions of the Fair Political Practices Act (Government Code Sections 87100, et. seq.) and to City of San Jacinto Resolution No. 2018, pertaining to conflicts of interest and disclosure of financial interests. Consultant shall file a disclosure statement pursuant to Resolution No. 2018. 5. INDEMNIFICATION AND INSURANCE: It is expressly understood that Consultant is not an employee of City, but is acting hereunder as an independent contractor. Consultant agrees that he shall indemnify and hold City, its officers and employees from and against liability, damages, costs, losses, claims and expenses, including reasonable attorneys' fees, arising out of the negligent acts, errors, or omissions of Consultant in the performance of this agreement. Consultant maintains, and shall continue to maintain through the term of this agreement, Comprehensive General Bodily Injury and Property Damage Liability, including Automobile (owned, non -owned, or hired), in the amount of $100,000,/$300,000. As an independent contractor, Consultant acknowledges that he is not entitled to any benefits, including benefits under workers' compensation, from the City of San Jacinto, except as expressly provided in this agreement. 11 C T - 2 -'7.1172 F R L 1 SENT BY:Xercx Teiecopie" : 5 6 S H O P P I N G C T R C U N S U L I R N 1 7 R. b 'L MO- 2-82 ; 8;52 i E545898-P 7032380288;4 3 Meyers Agreement Page J 6. AMONMENTt This agreement is personal as between City and Consultant end Consultant may not assign this agreement without the express written consent of City. C1TY QT BAN JACINTC CONSULTANT ayi Mayor APPROVED TO FORM City Attorney City Council Staff Report October 6, 1992 Page No. 3 Prepared By: Approved By: Brian McNabb Director of Community Development City Council Staff Report October 6, 1992 Page No. 4 CONDITIONS OF APPROVAL C.U.P. 4-92 1. The use hereby permitted is for a residential recovery facility for alcoholic women located within Assessors Parcel Number 439-160-022. The effective date of issuance of this permit is the date it is ratified by the City Council. This permit must be used within 12 months of ratification by the City Council. Prior to the issuance of Certificate of Occupancy the permittee must demonstrate compliance with all conditions of approval to the Planning Department of the City of San Jacinto. 3. A minimum of ten on site gravel parking spaces shall be provided. Each space must be twenty feet in length and nine feet in width. 4. This facility will be for a maximum of thirty residents. 5. The proposed mobile home shall be installed on a permanent foundation and screened from view from the street with landscaping. 6. Prior to the issuance of a Certificate of Occupancy the permittee shall comply with the Fire Prevention Bureau checklist dated August 20, 1992. Curbs, gutters, sidewalks and paved driveways, and paved off-street parking, and landscaping will he installed incremental over a ten year period. The paved parking and driveways shall replace the temporary gravel parking and driveway allowed in condition No. 3. 8. The permit shall expire 10 years after ratification by the City Council but shall automatically renew for an indefinite amount of time if the applicant is found to have been in continued compliance with conditions 1-6 and the improvements required by condition No. 7 are complete. 9. Prior to the issuance of a Certificate of Occupancy the permittee shall comply with the Fire Prevention Bureau checklist dated August 20, 1992, attached and incorporated in the conditions. 10. Prior to issuance of a building permit. the applicant shall pay all school fees and participate in the formation and establishment of a community facilities district and the issuance of bonds thereby. and/or participate in other satisfactory alternative financing program(s) to finance educational facilities. City Council Staff Report October 6, 1992 Page5 FINDINGS OF FACT C.U.P. 4-92 1. The subject property is neither in a seismic study area nor an "A" flood zone. 2. The property is located within an R-1 zone, Single Family Residential Zone. The property is within a Low Density Residential General Plan area. 4. Use of the site will consist of a residential recovery facility for alcoholic women, licensed and certified by the California Department of Alcohol, and monitored by the Riverside County Alcohol Control Service. 5. The adjacent surrounding uses consists of residential and vacant uses. 6. The proposed use will comply to all applicable provisions of the zoning ordinance. 7. The conditional use granted for the applicant shall remain with the subject property regardless of ownership. 8. The project will not be detrimental to the public health , safety, or welfare, or materially injurious toproperties or improvements in the vicinity. 9. It has been determined that the proposed use is conditionally permitted in the R-1 zone. Executive Director . Mary O'Donnell Alcoholism/Drug Recovery Center 2220 Girard Street • San Jacinto, California 92583 P. O. Box 1411 • San Jacinto, California 92581 • (714) 925-8450 September 28, 1992 The Honorable Francis Boykin Members of the San Jacinto City Council 316 E. Main St San Jacinto, CA 92583 Dear Mayor Boykin and Members of the City Council, This letter precludes the letter I wrote to you dated September 17, 1992. Since writing the letter, I have received the following information on an expanded list of fees: FIRE MITIGATION FEES $577.00 DEVELOPMENT FEES BUILDING PERMIT (APPROXIMATELY) 500.00 FLOOD CONTROL 99.50 TRAFFIC SIGNALIZATION 150.00 PUBLIC SAFETY 50.00 PUBLIC SAFETY EQUIPMENT 10.00 PARK FEES 290.52 CURRENT PLANNING FEE 50.00 ADVANCED PLANNING FEE 150.00 TOTAL 1,877.02 In order for the Mobile Home to be moved, La Vista Alcohol/Drug Recovery Center must provide for two (2) Fire Hydrants, a permanent slab, a brake off spool, and a detector check. These items total close to S7,000.00. These are unanticipated costs and with the additional fees the project costs become a hardship. We appreciate the help you have given and ask for a wavier on the fees. Thank you for your kind consideration of this matter. Sincerel y Donnell C.A.S. Exec tive Director TO: FROM: DATE: SUBJECT: CITY OF SAN JACINTO STAFF REPORT Honorable Mayor and City Council Members Brian McNabb, Director of Community Development via Pamela S. Easter, City Manager October 6, 1992 Agreement to Provide Professional Services RECOMMENDATION Approve this agreement with Carleton Meyers to provide professional services in the area of Economic Development. DISCUSSION As a follow-up to the City's contacts at ICSC in the Spring, Staff has been working with Carleton Meyers on economic development opportunities. At this point in time, we recommend retaining Mr. Meyers for some in depth research and potential outreach to retailers. Mr. Meyers comes well recommended from the references we consulted. The proposed agreement includes a program of work to be accomplished within a several month period. Any further work beyond the terms of the contract will require subsequent action by the Council. The funds to pay compensation and expenses will come from Redevelopment, Fund 96- Account 2710. The amount of authorization requested is $8,000 plus expenses. BRIAN MC NABB Director of Community Development BKM:lr CCRPT-92\92-10-06.MTG\Meyers.0 AGREEMENT TO PROVIDE PROFESSIONAL SERVICES This Agreement is made between the City of San Jacinto (City) and Carleton Meyers (Consultant). City desires to retain the services of Consultant toward the formulation and implementation of an effective program which will result in new commercial development within the City of San Jacinto. 1. SCOPE OF SERVICES: The services to be provided by Consultant are listed as follows: (a) Provide project and market analysis in three phases. 1. Pre -arrival procedures and activities 2. On -site activities 3. Follow-up services (b) Details of the work are outlined in the letter from Carleton Meyers dated September 9, 1992, which are generalized as follows: 1. Evaluate all information regarding San Jacinto and the surrounding area. 2. Perform a three day on site visit to evaluate San Jacinto's market potential. 3. Prepare a written report summarizing the findings. A full copy of Meyers proposal is on file in the Department of Community Development. 2. COMPENSATION: $8,000 plus travel expenses as follows: 45% upon arrival in the City of San Jacinto 45% plus expenses within 5 days of completion of his 3 day visit Remaining 10% upon receipt of report Consultant shall obtain City's pre -approval for all expenses (other than vehicle mileage), which may exceed $25.00. Pre - approval may be obtained only from the City Manager or Community Development Director. Consultant's billing for out- of-pocket expenses shall be specifically itemized. Consultant AGENDA STUDY SESSION SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND INDUSTRIAL DEVELOPMENT AUTHORITY DATE: October 6, 1992 TIME: 3:00 P.M. PLACE: COMMUNITY CENTER 625 South Pico San Jacinto, California 1.0 ORDER OF BUSINESS 1.1 Traffic Master Plan - Evans 1.2 Parkway Master Plan - Evans 2.0 ADJOURNMENT I, Maurice Armster, do hereby certify that I caused to be posted the foregoing agenda this 2nd day of October, 1992, as required by law. Maurice Armster, City Clerk Deputy City Clerk AGENDA SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND INDUSTRIAL DEVELOPMENT AUTHORITY DATE: October 6, 1992 TIME: 7:30 P.M. PLACE: COMMUNITY CENTER 625 South Pico San Jacinto, California 1.0 CALL TO ORDER Roll Call Moment of Silence for Reflection Pledge of Allegiance 2.0 REDEVELOPMENT AGENCY 3.0 SPECIAL PRESENTATIONS 3.1 Proclamations Crime Prevention Month Drug Abuse Prevention, Awareness, and Red Ribbon Week Domestic Violence Awareness Month 4.0 PUBLIC COMMENTS Any person may address the Council on any subject pertaining to city business not listed on the agenda, during this portion of the meeting. A limitation of three (3) minutes shall be set for each person desiring to address the Council. 5.0 CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and will be enacted by one motion by the City Council in the form listed. 2 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. 1 Minutes of Regular Meeting of September 15, 1992 RECOMMENDATION: Approve the Minutes of the Regular Meeting of September 15, 1992 as presented. Warrant Register RECOMMENDATION: Approve Warrant No. 29915 through 30172 dated September 30, 1992 in the amount of $985,851.75 and payroll check numbers 20797 through 20901 dated September 25, 1992. August 1992 Treasurer's Report RECOMMENDATION: Receive and file 5.4 Claim - GTE RECOMMENDATION: Reject Claim as recommended by the Claims Adjustor pursuant to Government Code. 5.5 Claim - Angel Figueroa. Sr. RECOMMENDATION: Reject Claim as recommended by the City Attorney. Water and Sewer Master Plans 5.6.1 Sewer Master Plan RECOMMENDATION: Approve and adopt the Sewer Master Plan prepared by Kennedy/Jenks Consultants dated September 1992. 5.6.2 Water Master Plan RECOMMENDATION: Approve and adopt the Water Master Plan prepared by Kennedy/Jenks Consultants dated September 1992. Conditional Use Permit 3-92 Applicant: J.B.F. Amusements (Jack Matlock) Location: San Jacinto Plaza, Ramona Blvd and State St. RECOMMENDATION: Ratify Conditional Use Permit 3-92 subject to the Planning Commission's Findings of Fact and Conditions of Approval. 3 Conditional Use Permit 4-92 Applicant: La Vista (Mary O'Donnell) Location: Midway Street and Girard Street RECOMMENDATION: Ratify CUP 4-92 subject to the Planning Commission's findings of fact and conditions of approval, and consideration of waiving the Fire Mitigation fee. 5.9 Agreement to Provide Professional Services RECOMMENDATION: Approve the agreement between Carleton Meyers to provide professional services in the area of Economic Development in the amount not to exceed $8,000 plus expenses. 5.10 Release of Bonds - Tract No. 22950-2 Applicant: California Ranch Homes RECOMMENDATION: Release Labor/Material and Performance Bond #3SM 720 943 00 in the amount of $25,705.00. 5.11 Release of Bonds - Tract No. 23166 Applicant: San Jacinto Partners II, (Guy Hocker, Realtors) RECOMMENDATION: Release Water Bond #973434S in the amount of $8,134.50, and Release Sewer Bond #973435S in the amount of $13,419.75. Tract No. 23436 Third (Final) Extension of time Applicant: Allen E. Johnson (Commonwealth Partners) Location: Southwest corner of Hewitt Street and Commonwealth Avenue RECOMMENDATION: Grant the third and final extension of time for Tract No. 23436 to be extended to October 10, 1993, and modify Planning Department Condition #24, relative to school impact mitigation. 5.13 Notice of Completion - Matich (Rancho San Jacinto street improvements) RECOMMENDATION: Accept the public improvements installed under contract by Matich Corporation in Community Facilities District #2 and authorize the City Clerk to file a Notice of Completion and the Mayor to sign the release agreement. 5.14) Award of Landscape Bid . Community Facilities District #2 Phase II RECOMMENDATION: Award Landscape Bid to Tracy and Ryder Landscape in the amount of $1,107,860.00 for CFD #2, Phase II and other improvements. 5.15 Purchase of Disc Brush Chipper RECOMMENDATION: Approve the purchase of a 9" brush chipper from Direct Edge in the amount of $14,783.30. 4 Annexation 3 to CFD 3 RECOMMENDATION: 1. Adopt Resolution of Intention to annex territory to Community Facilities District #3, and set the matter for Public Hearing on November 17, 1992 at 7:30 p.m. 2. Adopt Resolution adopting Annexation Boundary Map for Annexation 3 to Community Facilities District #3. RESOLUTION NO. zol� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ADOPTING BOUNDARY MAP SHOWING TERRITORY TO BE ANNEXED TO AN EXISTING COMMUNITY FACILITIES DISTRICT END OF CONSENT CALENDAR Motion by: Seconded by: to approve consent calendar items 5.1 through 5.16, and adopt Resolution No. through Resolution No. 6.0 PUBLIC HEARINGS 6,1 Adjustment of Water/Sewer Rates 6.1.1 Sewer Rates RECOMMENDATION: Adopt Resolution No. adjusting Sewer rates. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA ADJUSTING SEWER RATES 6.1.2 Water Rates RECOMMENDATION: Adopt Resolution No. adjusting Water rates. 5 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA ADJUSTING WATER RATES 6.2 Environmental Impact Assessment and Zoning Ordinance Amendment 5-92 (The Compatibility Ordinance) RECOMMENDATION: Approve the Single Family Residential compatibility standards for the city, waive the reading in full, and read by title only (First Reading) and introduce Ordinance No. establishing single family housing compatibility standards. ORDINANCE NO. 16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO CREATING COMPATIBILITY STANDARDS FOR SINGLE FAMILY HOUSING DEVELOPMENT 7.0 CITY DEPARTMENTS 7.1 Study of Police Department Hiring Practices - Easter RECOMMENDATION: Receive report and accept recommendations. 8.0 MAYOR/ COUNCIL MEMBER REPORTS/DISCUSSIONS 8.1 League of California Cities Voting Delegate RECOMMENDATION: Select and authorize a voting delegate and an alternate for the 1992 League of Cities Annual Conference 9.0 CLOSED SESSION 9.1 Pursuant to Government Code Section 54957.6 Personnel exception - San Jacinto Police Officers Association MOU 9.2 Pursuant to Government Code Section 54956.9 Litigation, County of Riverside (Ruth Forkner) vs. City of San Jacinto 9.3 Pursuant to Government Code Section 54956.9 Potential Litigation (James Worthy vs. City of San Jacinto) 9.4 Pursuant to Government Code Section 54956.8 - Estudillo Mansion (Ms. Elliott) 6 10.0 ADJOURNMENT Motion by: Seconded by: Action: to adjourn. Vote: I, Maurice Armster, do hereby certify that I caused to be posted the foregoing agenda this 2nd day of October, 1992, as required by law. Maurice Armster, City Clerk Deputy City C 7 A C I' N T 0 A N Proclamation WHEREAS, domestic violence is a devastating crime that touches the lives of every family member, neighbors, and friends, building barriers between the victim and these vital sources of human support; and WHEREAS, stopping the cycle of this vicious crime requires the support and involvement of all connected to the criminal justice system, as well as the resolve and courage of the victims; and WHEREAS, enhanced prevention and intervention efforts will help to increase awareness of the severity and extent of domestic violence and, thereby, reduce acts of violence among family members; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO, does hereby proclaim October 1992 as Domestic Violence Awareness Month in San Jacinto and encourages all citizens to dedicate themselves to reducing domestic violence in San Jacinto. gercis R. oy t ayor _.1. .EP./.[.i•Ars W!® ETMRT.'iu.t.ul-E-LW s.W.I/Y-I. Kw le Yl'f 4.1'6 iW. ►1-i :1.11IeWfrlr S A Proclamation N T WHEREAS, the abuse of alcohol and other drugs has far-reaching effects on communities and citizens throughout California, resulting in tremendous losses to society and negatively impacting employers, employees and those they service; and WHEREAS, comprehensive preventionprograms involving community and statewide support play a positive role and help ensure that people are learning about the crippling effects of alcohol and other drug use and how they can be negated; and WHEREAS, organizations such as Californians for Drug Free Youth and DARE, perform an outstanding public service by providing training and support to communities which are building partnerships against the abuse of alcohol and other drugs; and WHEREAS, community prevention programs can save lives and make our city safer for all citizens by disseminating valuable information and encouraging all citizens to pledge to live drug free lives; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO, does hereby proclaim October 24 - November 1, 1992 as Drug Abuse Prevention and Awareness Week and Red Ribbon Week in San Jacinto, and I encourage all San Jacinto residents to join in the battle against alcohol and drug problems by participating in activities in recognition of this observance. Francis R. Boyki , ayor ®•1•11111 ZW i.v*'i[r.:i.Yisc,ia:® A C I` N T 0 S A Proclamation WHEREAS, tragically, the fear of crime and its harmful and all too frequent occurrence continue to adversely affect the safety and quality of life for San Jacinto residents; and WHEREAS, the reduction of crime remains a top priority of citizens, the City Council and the San Jacinto Police Department; and WHEREAS, the San Jacinto Police Department and the concerned citizens of the community play a vital role in addressing crime prevention by creating partnerships designed to create safe environments for all of San Jacinto; and WHEREAS, crime prevention programs and outreach activities add immeasurably to the strength and well-being of our community and should be encouraged and supported by governmental agencies, private businesses, community organizations, service clubs, schools and private citizens; and WHEREAS, crime prevention programs implemented in the City of San Jacinto have proven successful, and require the continued support and participation of all citizens; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO, does hereby proclaim October 1992 as Crime Prevention Month in San Jacinto and encourages all citizens to increase their awareness of and participate in crime prevention activities within San Jacinto. Francis R. Boyk7 z'Mayor ®-v.lo-r1 I..G 1 -erflet f:!T.SIti.lrLl:i- G WW1 Y.WA. _Y.&kir S,11,Ihr Wfl. 4YYY3= S A A C I NTO PwcLamation VVgeteai, afco4of and O��th£'i d'ta aL,uiE/ n t&ii nation has tzaaI d epidemic Stages and it is impeta(pt�ive tlat vistgpfe,Junlfiie �2 evention education f[ott/s Ui/ communit✓ i� memgets ge Launched to eliminate the demand ro'C dlulltgs.; and 11l2E LEa/i, _I i2E G YatLOnaL sEdE2ation Of atenti 02 .1. 'Lee Toug, Jnc„ a national patent/community organization, and £a�i fo'cniani a tug 7tee TouLI , _Jne., ate sponsoring tn& SVationafGREd cRitt on Campaign o feting citizens, thr m opportunity to demonstrate geit com/�itment to d2(ua /teeJli feitj i (no LLIE Of ifI'E {aL dtu9s, no iLLEGJaL ui& Of LeGJaLd'Lu9s); an ' VV4E'LEaJJi, LTuiLnEss, ove'Lnment, /ppa'LEnnti, Law En f OwEm£nt, tJE fi'LE iE'Lvice, media, medical, 'LE igioui in✓stitutions, ichoo i, ienL/o�'L dtpiZEni, iE'LvicEnotgan(i�zat/�ioni and 10 to wiLL dEo✓monibza±E thEl'c commitmEnt to JEaittLj, d2u f'LEE Li fE✓1t2�LEi t / wEa'LinLa ✓ and dii ayin9 Rd �'iLLOni during t�iis week Tony campaign;and ✓ / ow, r_.getE fore, tge nttg 6ouncif of Mtge eiitgy� of th .San �iacinta, does ge('� egy fatocfaim (9 toger 24 31, 1992, al ' d GRLLTLTOn ' VVE& "and EncowzaQEi ail e citizens to pattid ate in duty /itevention education activities, ma.in9 a viiLLTCe statement gat we ate itton9Cy committed to a dtu9 free community. oyIin, aty, oz �•.rr, u.a.i.i.c.i.•.`c/.Wt.1.4r, irifl-r.*-s.c r, WX,I ,r. iris) • STAFF REPORT TO: Mayor and Members of the City Council FROM: Pamela L. Lee, Deputy City Clerk DATE: October 6, 1992 SUBJECT: Minutes of Regular Meeting September 15, 1992 RECOMMENDATION: Approve the Minutes of the Regular Meeting of September 15, 1992, as presented. MINUTES SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND INDUSTRIAL DEVELOPMENT AUTHORITY September 15, 1992 1.0 CALL 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 Ford, Hafliger, Leahy, Richards and Mayor Boykin Absent: None A Moment of Silence was observed for Reflection. The Pledge of Allegiance was led by Mayor Boykin. 2.0 REDEVELOPMENT AGENCY None 3.0 SPECIAL PRESENTATIONS None 4.0 PUBLIC COMMENTS None 5.0 CONSENT CALENDAR A MOTION was made by Councilmember Leahy, seconded by Councilmember Richards to pull consent calendar item 5.9 for separate action. Motion carried on a 5- 0 vote. A MOTION was made by Councilmember Leahy, seconded by Councilmemher Hatliger, to approve the consent calendar as presented and amended, with the exception of item 5.9 which was pulled for separate action. Motion carried on a 5-0 vote. 1 September 15, 1992 5.1 Minutes of Regular Meeting of August 4, 1992 Approved the Minutes of the Regular Meeting of August 4, 1992, with amendments as follows: Page 8 - First Paragraph - delete "minorities and" since that is already addressed in state laws. 5.2 Minutes of Special Meeting of Aueust 11, 1992 Approved the Minutes of the Special Meeting of August 11, 1992 as presented. 5.3 Minutes of Regular Meetine of Aueust 18, 1992 Approved the Minutes of the Regular Meetine of August 18, 1992 as presented. 5.4 Minutes of Regular Meetine of September 1, 1992 Approved the Minutes of the Regular Meeting of September 1, 1992 as presented. 5.5 Warrant Reeister Approved warrant numbers 29788 through 29914 dated September 15, 1992 in the amount of $1,034,339.05 and Payroll check numbers 20701 through 20796 dated September 11, 1992 in the amount of $92,473.29. Finance Director Vega clarified the bottle water distribution to city offices. 5.6 Claim - Western Landscape Rejected the claim of Western Landscape Construction in its entirety and on its merits and as to timeliness of that part of the claim stated in paragraph C. (a), and specifically reserving the city's objections as to timeliness. 5.7 Accept Preliminary Plans & Set a Public Hearine HHWE & SRR Set the Public Hearing on the Preliminary Source Reduction and Recycling Element and Preliminary Household Hazardous Waste Element for November 17, 1992, and directed the City Clerk to publish the attached Notice of Public Hearing in the appropriate publications, with at least 45 day notice given prior to the date set for the Public Hearing. 2 September 15, 1992 Mayor Boykin clarified that the public input opportunity would be at the public hearing stage. Assistant to the City Manager Anderson advised that the matter would be advertised in the City newsletter as well. 5.8 Chanee Order - Ramona Expressway Rehabilitation Approved a change order in the amount of $10,500 for the widening of Ramona Expressway at Chase and Potter Roads for the installation of left turn lanes. 5.10 Agreement for Construction Management Services - BSI (CFD II Phase II) Approved the Consultant Services Agreement with BSI for Construction Management Services in the amount not to exceed $10,000, and authorized the Mayor to execute the agreement on behalf of the City. Community Development Director McNabb clarified that the additional services were needed, over and above those of Peacock/Radaker. Those services required a higher level of expertise with regard to the legal specifications for Public Works Contracts. 5.11 Jones Intercable. Surrender of Franchise Adopted Resolution No. 2064 accepting Jones' surrender of franchise subject to the listed conditions. City Manager Easter advised that the video equipment promised by Jones Intercable had been delivered earlier in the day. Donnie Clark, Jones Intercable, addressing inquiries regarding rate increases, advised that Inland Valley would be required to maintain uniform rates across the entire franchise area, which may result in an increased, but could not say how much. However he believed it would be minimal and was uncertain regarding installation rates. Advised that Jones Intercable regretted leaving, however, their business plan was predicated upon development which did not occur and due to the economics had to cease operations. Councilman Richards voiced concern regarding a possible 50% increase and the right of people to know in advance. City Attorney Cox confirmed the statements of Mayor Boykin that the rates were controlled at the federal level and the City could not regulate. Mr. Clark stated the legislation which regulates competition was pending. September 15, 1992 RESOLUTION NO. 2064 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SAN JACINTO ACCEPTING SURRENDER OF THE JONES INTERCABLE CABLE TELEVISION FRANCHISE 5,12 Ordinance No. 962 Amending Development Agreement 1-89. Amendment No. 1 (PR Equities) Waived the reading in full and read by title only and adopted Ordinance No. 962 Amending Development Agreement 1-89, Amendment No. 1 ORDINANCE NO. 962 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO AMENDING DEVELOPMENT AGREEMENT, 1-89 MADE BETWEEN THE CITY AND PR EQUITIES, LTD, DATED SEPTEMBER 19, 1989, AND RECORDED ON NOVEMBER 30, 1989 AND AUTHORIZING THE EXECUTION OF THE AMENDMENT TO THE DEVELOPMENT AGREEMENT ATTACHED HERETO AS EXHIBIT "A" 5.13 Declare Vacancies - Planning Commission Declared the Planning Commission vacancies and directed the City Clerk to advertise in accordance with the City Policy and the Maddy Act, and further directed staff to schedule the applicants for interviews at a special meeting of the City Council on October 13, 1992. 5.14 Agreement for Landscape Architect Services (LLMD) Approved the Consultant Services Agreement with Todd Bagley, Landscape Architect, in the amount of $7,500 and authorized the Mayor to execute the Agreement. Perry Warren inquired how staff felt about Public Works doing plan check. Community Development Director McNabb advised they were very supportive, his department coordinates all landscape plan checks, and this would provide a greater level of expertise. The contract also allowed for design for city projects which was outside their department's expertise. Mr. McNabb, in further response to Mr. Warren, advised how the RFP (Request for Proposals) process was done, unlike the hid process, consultants are selected based upon their qualifications and then quotes are obtained. 4 September 15, 1992 Mr. Warren pursued additional questions regarding, the costs involved, future park development and storm drains. Mr. Warren, as a City Council candidate, was asked to address his questions outside Council chambers. 5.15 Job Descriptions for Clerical Positions Approved the job descriptions for the positions of Receptionist, Administrative Clerk I, Administrative Clerk II, Administrative Secretary I, Administrative Secretary II, Deputy City Clerk, and Executive Secretary to the City Manager. 5.16 Consultant Agreement - Economic Development (Russ Beckner of RGB) Approved the agreement with Russ Beckner, of RGB, to provide professional services in the area of Economic Development for a period of six months at a cost not to exceed $24,000 plus expenses for mileage and miscellaneous expenses. 5.17 Amendment to the 1992/93 Budget Adopted Resolution No. 2066 amending the 1992-93 Fiscal Year General Fund Budget in the amount of $68,500. RESOLUTION NO. 2065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, AMENDING THE 1992-93 FISCAL YEAR GENERAL FUND BUDGET IN THE AMOUNT OF $68,500 ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE ACTION: 5.9 Approval of Employee MOU's 5.9.1 Miscellaneous (P.E.R.C.) Association 5.9.2 Firefighters Association 5.9.3 Management/Confidential Accepted of the employee Association Memoranda of Understanding retroactive to July 2, 1992, and authorized the City Manager and Chief Negotiators to sign said memoranda on behalf of the City of San Jacinto and adopted Resolution No. 2066 relating to Management Employees. 5 September 15, 1992 Councilmember Leahy read a prepared statement which in essence stated that the City was fortunate to have employees who give 110% in servicing the community and deserve the best salaries. She commended the efforts of those who worked on the MOD's. However, she felt the proposed salary schedule was a perilous course, that affordability for salaries would require a small percentage of reserves and questioned where future funding would come from. Ms. Leahy recognized that the merit system was utilized by the state, county and other local jurisdictions and felt that the overall system should be changed. She found it hard to grasp that government, during difficult economic times and reduced revenues, would grant merit pay increases, felt that private industry could not provide increases and bonuses when revenues were less and felt the City should do the same. Felt she could not support the proposal based on possible lack of affordability of salaries. Councilman Ford stated he felt that if the City did not offer merit increases, the City would be a training ground and the best people would move on to other jobs. Mr. Warren, as a City Council candidate, was requested to keep his statements short. Perry Warren, offered the following statements regarding item 5.9.3 Section 2, #4, no indication was made to where the competition is, private or public sector. Section 6, which he read aloud, stating that the pay would be based on the socioeconomics of the community. He further pointed out the class levels of pay, as compared to the median of San Jacinto, ranged from 206% to 150%. Councilman Richards advised he was aware of the salary comparisons made with other cities and understands the process and would support due to the negotiations. However, suggested that maybe a citizens committee be obtained in the future to research the matter because at some time the wages would have to come in line. As an example, cited the hourly rate of a receptionist in private industry in the area to be at $5.00 hourly, while the City, with benefits, was at $10.00 hourly. Mayor Boykin concurred with the statements of Mr. Ford. Cited the example of recently losing two police officers to the City of Murricta. Further, stated that no cost of living increase had been taken by the associations in the last two years due to revenues decreasing. 6 September 15, 1992 A MOTION was made by Mayor Boykin, seconded by Councilmember Ford to accept the Miscellaneous (P.E.R.C.) Association, Firefighters Association Memorandums of Understanding as amended in the handouts, retroactive to July 2, 1992, and authorize the City Manager and Chief Negotiator to sign and adopt the revised Resolution No. 2066 approving the salary ranges and benefits for Management/Confidential Employees. Motion carried on a 4-1 vote with Councilmember Leahy dissenting.. RESOLUTION NO. 2066 A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA, RELATING TO SALARY RANGES AND BENEFITS FOR EXECUTIVES, MIDDLE MANAGERS, SUPERVISORS, AND CONFIDENTIAL EMPLOYEES 6.0 PUBLIC HEARINGS 6.1 Appeal of Planning Commission Interpretation of Public Works Condition No. 2, Tract 25636 - Delco Hagen Community Development Director McNabb gave the back ground on the matter pending, advising that the Tract is part of the Sunrise Ranch Project. The project went into foreclosure and was purchased by another developer. The conditions which were established were based upon the request of the Homeowner's Association to place a six foot wall between the projects. Staff in enforcing the condition, relied upon the fencing. ordinance to establish the standard and approved the fencing plan which allowed for 20 foot set back from the property line. This standard resulted in a variance from 28 feet to 38 feet from the curb line. The Homeowner's Association felt the standard did not comply with what had been agreed upon originally by the developer when the condition was established. The Homeowner's Association appealed to the Planning Commission, which agreed to modify the fencing in accordance with the original agreement, which was to separate the two projects, even though the legal differentiation of the two projects did not exist, they were both R-1 Single Family Residential. The fence would be no higher than 42 inches in the set back area and would be accomplished in a step down effect. The applicant did not concur with the Planning Commission decision and appealed to the Council. Mr. McNabb, in response to Council inquiries, advised of the following: 7 September 15, 1992 The project overall was recorded as one tract map that established streets. Phases 1 and 2 of the northerly parts were constructed, and the southerly was improved but no homes were built. The streets are privately controlled and maintained by the Homeowner's Association. The project was not conditioned for sidewalks due to the close proximity of the homes and the low volume of traffic. The block wall concept was developed when the subdivision was amended to allow for larger lots in the new portion and an existing wooden fence was to have been replaced with the block wall. However, it had been forgotten where the original wooden fence was located. The applicant was not present to offer testimony. Mayor Boykin opened the public hearing. Robert Colby, representing the Homeowner's Association, provided historical background on the matter, stating that they had come before the Planning Commission three times over the years on the fence issue. Stated that the developer had originally reach an agreement to provide the block wall, which was in compliance with codes, in place of the existing wooden fence and later merely enclosed back yards to save on the costs. Pointed out that the Planning Commission agenda clearly identified the matter as a "misinterpretation of Planning Commission condition". Stated that the earlier phases were limited to individuals 55 years or over and they desired to keep small children and animals out. The separation was necessary due to the larger family homes being built in the newer portion. Although not 100% fool proof, it was mostly a psychological barrier. Clarification was made that the allowance for a block wall to separate different projects referred to a separation between commercial and residential. The issue of gating was determined to be not at issue during the given hearing. There being no further testimony, the public hearing was closed. City Attorney Cox, in response to Council advised of the following: September 15, 1992 There were a number of lots which had not yet obtained Certificates of Occupancy and the City could withhold until compliance. Because the condition was ambiguous and staff approved a fencing plan, was not a precedent which could be found anywhere to determine the probable court determination on a matter such as that being confronted. Under the City ordinance there was no legal requirement for a block wall, rather it was done through negotiation to resolve the concerns at the time of approval. Mr. McNabb clarified that compliance with the condition would be the financial responsibility of the developer. Finally, it was his understanding that the grading matter had been taken care of. A MOTION was made by Councilmember Richards, seconded by Councilmember Ford, to uphold the Planning Commission decision and that the City take whatever steps necessary to ensure enforcement. Motion carried on a 5-0 vote. 7.0 CITY DEPARTMENTS 7.1 Potato Festival - Vega/Bill Owen Finance Director Vega advised that staff had recommended the hours had been extended to 11:00 P.M. on Friday. Bill Owen clarified for the Council that the merchants on Main Street had been notified of the plans. Advised that their organization conducts the festival and funds special projects at public schools and other non-profit organizations in the community. Would be willing to provide the City with a balance sheet the same as required of the Chamber of Commerce. Clarified that the sink would not be located in the fire lane. The timing of the festival was changed to avoid conflict with the Lake Perris fair and signs would be changed to reflect the new scheduling. Patrons of the Beer Garden would be required to remain inside and provide ID prior to being served. Each food vendor would be required to serve at least one potato product. Local schools were invited to attend and raise funds. 9 September 1.5, 1992 A MOTION was made by Councilmember Leahy, seconded by Councilmember Richards to close Main Street from San Jacinto Ave., East to Alessandro, and Sheriff from 5th Street North to the alley behind the City offices (201 E. Main) at 2 P.M. Friday, October 2nd until Midnight Sunday, October 4th; and approve the expenditure from account 10-2550-2450 to cover police, public works equipment and services, special street sweeping, toilets, sinks and City picnic tables, in an amount not to exceed $1,750; and allow the Banning Gun Slingers to discharge Fire Arms on Sunday October 4th at 4 P.M. at 15 minute intervals, with the change in time as recommended by staff. Motion carried on a 5-0 vote. 7.2 Resolution of Participation of Western Riverside Council of Governments (WRCOG) Six Point Air Quality/Congestion Management Program - Hults/WRCOG Bob Prossey, representing WRCOG, gave an overview of the requirements, program objectives, and implementation measures. Provided handouts of the material presented which was added to the original agenda packet. Requested that the Council adopt a resolution of support of the overall plan of action. In response to Council inquiries, could not state any specific costs which the City may incur since the plan was to obtain as many grants as possible to offset direct costs. Consolidating studies by agencies would help to reduce many costs. Any costs not recouped by grants or other fund sources would be requested from member cities. And finally, actual costs would be determined by the programs each city decides to become involved with. The consequences of non-compliance may be the withholding of Proposition 111 funds. The approach to tailor programs to the areas would allow for more flexibility and should help relieve some of the burden on private enterprises. Currently Mr. Prossey believed there were approximately 14-15 cities participating. Although still in the conceptual stage, the intent was to have computer terminals at each member jurisdiction who would be responsible for data input. A MOTION was made by Councilmember Leahy, seconded by Councilmember Ford to adopt Resolution No. 2067 for Participation in the Six Point Air Quality/Congestion Management Program. Motion carried on a 5-0 vote. 10 September 15, 1992 RESOLUTION NO. 2067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO TO PARTICIPATE IN THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENT INTEGRA 1'ED AIR QUALITY IMPLEMENTATION PROGRAM 7,3 Road Closure Policy A MOTION was made by Councilmember Leahy, seconded by Councilmember Hafliger to adopt Resolution No. 2068 establishing a policy for closure of public streets. Motion carried on a 5-0 vote. RESOLUTION NO. 2068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ESTABLISHING A POLICY FOR THE CLOSURE OF PUBLIC STREETS 7.4 Overview of the Adoption of 1991 Uniform Building Code (U.B.C.) and 1991 Uniform Fire Code (U.F.C.) - Chadwick Received oral report Fire Chief Chadwick explained the legal process and timing for adoption of the new codes which had heen adopted by the state, Advised there would be some local amendments and the matter would come before the Council at a public hearing in October. The local amendments would relate to such items as the City's sprinkler ordinance, fire resistant roofing and fee alternatives to recover actual costs. 7.5 Update on Artesia St - Evans Received oral report Street Superintendent Vryheid explained that the project could not be accomplished within the $20,00 limit previously set by Council so the matter would be put out for bid and the specifications would be brought back to the Council for approval. All alternatives to improvements would be considered in the bid process. City Manager Easter advised that the City was currently working with the County regarding improvements to facilities in areas to be annexed and the only support that could be obtained on this project would be moral. 11 September 15, 1992 7.6 Elected City Clerk and City Treasurer Salary City Manager Easter advised that the Council Administrative Subcommittee (Boykin and Ford) met and would provide an update. Mayor Boykin advised that a comparison of other communities was done, which showed those positions varied from unlimited hours at $100 monthly to being in combination with other positions with full time salaries. The recommendation from the subcommittee was to raise both salaries to $125.00 monthly effective January 1, 1993. Councilmember Hafliger stated he felt that elected officials run for office to provide a public service and should donate services. Felt that a raise could not be granted when the Council was unaware of what they do for their compensation. Council requested that each identify the time and tasks performed. City Clerk Armster advised that he was in the office periodically throughout the week, calls the deputies regularly to see how things are going, that he is always available by phone, and comes into the office once or twice a week to pickup mail. City Treasurer Leahy advised he is available as needed to transfer funds and to review information on the investment portfolio, and he is available to hand carry documents, and picks up his mail. Councilmember Ford stated that he had heard comments from people working in city hall that the City Clerk and City Treasurer are willing to come in and help in every way they can, even though he does not personally see them doing too much. City Attorney Cox, in response to Council, advised that the setting of salaries was governed by state law and would have to be established by ordinance or resolution. A MOTION was made by Councilmember Richards, seconded by Mayor Boykin to direct staff to come back with the appropriate document to implement the subcommittee recommendation to raise the salaries to $125 monthly effective January 1, 1993. Motion carried on a 3-1-1 vote with Councilmember Leahy abstaining clue to a conflict of interest, and Councilmember Hafliger dissenting. 12 September 15, 1992 8.0 MAYOR/ COUNCIL MEMBER REPORTS/DISCUSSIONS City Manager Easter advised of the upcoming filming of "The Land of the Free" in San Jacinto, and a request for the city to sponsor an event. Council consensus that each Councilmember could support personally if desired but there would be no official participation and donations. Councilmember Leahy commented on the news article regarding citizen involvement. Police Chief Kozma advised that the efforts had provided them with citizen assistance and was so helpful that other areas were looking to do the same thing. Councilmember Leahy requested clarification on the campaign signage regulations and costs. Community Development Director McNabb advised they had researched other jurisdictions and found the city's ordinance to be consistent. Further, signs were not allowed in the public right of way. The purpose of the temporary use permit was required on signs so the City would know where signs are located, and the deposit to guarantee removal after the election. If all signs are removed accordingly a full refund would be received. Staff was seeking Council direction on the interpretation. Councilmember Richards felt the city was being tougher on the political signs than the developers bootleg signs. Mr. McNabb explained the difficulty of enforcement and the collection of illegal signs. Felt the ordinance should not be interpreted as strictly in residential areas. City Manager Easter advised that vacant lots could be absentee owners who had not granted permission for sign placement. City Attorney Cox advised that the Council by consensus to interpret the ordinance in a manner that does not apply to residential property, so long as the signs are out of right-of-way. Councilmember Leahy clarified that the same policies would apply to all political offices. 13 September 15, 1992 Mayor Boykin advised he had to have responses to the Farmers Fair, regarding tickets offered, that night. Councilmember Ford read the letter from the Patio Plaza aloud, which was incorporated as part of the agenda packet. Councilmember Leahy advised of the passing of John Shensky. 9.0 CLOSED SESSION None 10.0 ADJOURNMENT There being no further business, A MOTION was made by Councilmember Richards, seconded by Councilmember Leahy to adjourn. Motion carried on a 5-0 vote. The hour of adjournment being 10:30 P.M. Submitted by Maurice Armster, City Clerk Approved by Francis R. Boykin, Mayor 14 STAFF REPORT TO: Mayor and City Council FROM: Anna A. Vega, Finance Director Via Pamela S. Easter, City Manager SUBJECT: Approval of Register of Audited Demands and Payroll Checks DATE: September 15, 1992 RECOMMENDATION Approve warrant numbers 29915 through 30172 dated September 30, 1992 in the amount of $ 985,851.75 and Payroll check numbers 20797 through 20901 dated September 25, 1992. SUMMARY A listing of accounts payable warrants is attached for your review and approval. The following is additional information for the Register of Audited Demands. Warrant No. 30011 - Arrow Printing - Printing of Community Resource Guide, Police Department forms and business cards. Warrant No. 30122 - Pactel - Covered telephone system warranty, cellular telephone usage and rental and installation of an additional jack extension for new employee at Community Development. Payroll information is available for your review in the Finance Department. 29915* 29916* 29917* 29918* 29919* 2992D* 29921* 29922* 29923* 29924* 29925* 29926* 29927* 2992B* 29929* 29930* 29931* 29932* 29933* 29934* 29935* 29936* 19937* ~'2r938w 29939* 2994O* 29941* 29942* 29943* 29944* 29945* 29946* 29947* 29948* 29941?* 2995O* 29951* 29952* 29953* 29954* 29955* 29956* 29957* 29958* 29959* 29960* 29961* 29962* ^` 963* 29964* 29965* UNITED ISSUED TO CITY OF SAN JACINTO REGISTER OF AUDITED DEMANDS PAGE CALIFORNIA BAWK" A/C 201398 SO. CA, EDISON SO. CA~ EDISON BEAUM8NT CONCRETE CO. SO. CA. GAS SO, CA. EDISON SO, CA^ OAS SO, CA. EDISON ORRICK~ HERRINTON ASPA JIM WDLFORD SO. CA+ EDISON SO~ CA, GAS DENNIS WARNER LEAGUE OF CALIF. CITIES ICMA RIVERSIDE CD, EMP, SO^ CA. EDISON SO^ CA^ GAS 6O~ CA. GAS SO, CA. EDISON SAN JACINTO TREASURER'G PUBLIC EMP~ RET~ SYSTEM PUBLIC EMP^ REV. SYSTEM BRUCE ABBE JOH# T[}WNSEL PATTY MUNIAIN SO^ CA. GAS SO. CA. EDISON O.K. ASSOC- INC~ SO. CA. EDISON SQ, CA. GAS LEAGUE OF CAL^CITIES JENNIFER ROYSTER U.S^ POSTMASTER DENTI CARE OF CA~ GREG LANTZ 504 CA, GAS SO, CA^ EDISON SO+ CA^ EDISON SD^ CA^ GAS RIVERSIDE MAGNUM RANGE SO. CALIFORNIA EDISON RANDY HICKS SO, CA, EDISON SO~ CA, GAS SO~ CA* GAS SO^ CA^ EDISON BRYAN RIC|<ETTS SO^ CA. GAS SO^ CA~ EDISON CHE8TER FRIED CHICKEN TiESCRIPTION DATE 9/30/92 STREET LIGHT PEDESTAL STREET LIGHT PEDESTAL CONCRETE —ESPLANADE PAYMENT COLLECTIONS PAYMENT COLLECTIONS PAYMENT COLLECTIONS PAYMENT COLLECTIONS ESPLANADE LITIGATION BUSINESG FORUM—EASTER TEMP, BLDG. INSPECTOR PAYMENT COLLECTIONS PAYMENT COLLECTIONS REIMB, VIDEO TAPES REGISTPATION^J^ RICHARDS DEFERRED COMP~ DEDUCTIONS CREDIT UNION DEDUCTIONS PAYMENT COLLECTIONS PAYMENT COLLECTIONS PAYMENT COLLECTIONS PAYMENT COLLECTIONS REPLENISH PETTY CASH RETIREMENT RETIREMENT REIMB, MILEAGE —WATER REIHP^^CHEMICAL FEEDER 8VERPAYMETN—TRASH BILL PAYMENT COLLECTIONS PAYMENT COLLECTIONS REFUSE COLLECTIONS PAYMENT COLLECTJONS PAYMENT COLLECTIONS 5EMIMAR~JAN/KEN LEAHY EVIDENCE SCHOOL —POST REIMB^ POSTAGE —WATER BILLS BENEFIT —DENTAL INSURANCE ECD~ DE4LP^ ASST. PAYMENT COLLECTIONS PAYMENT COLLECTIONS PAYMENT COLLECTIONS PAYMENT COLLECTIONS AMMUNITION—P~D. UTILITIES MANAGING Vf-:HICLE PURSUIT CLASS—P.D. PAYMENT COLLECTIONS Pf�iYMENT COLLECTIONS PAYMENT COLLECTIONS PAYMENT COLLECTIONS BRICK WORK—HOFFMAN PARK PAYMENT COLLECTIONS PAYMENT COLLECTIONS Lt�BOR NEOTIATIONS MTG. AMOUNT 1,21.9.04 6^46 244^16 29D^30 779^27 22O^65 369^57 25,661^83 60^80 720^OC 1,1B9^O� 429^0C 22^5� 155~0C 1'063~46 2,982^6{ 1^308^92 312^Be 570^9z 2~785~7F 89,1-7 l7^852^3�- 1B,957^4� 103.6f 29^8t 158^7/ 52U^7-� 2,225,1� 128,QD5°2[ 1,693~2-� 353~2�, 38^0X 2O5^5' 90O^0< 2'1B5~9' 72O^Q( 423^5� 1,822~1~ 1'256~4^ 356~8' 2'832~0 17.742~(Y 27^2, 1,489^3( 273~1' 747^6: 2,565^0, 1,350^Cx 2O3~3' 65O~5/ 39^B' GLCD12 RE61,3TER OF AUDITED DEMANDS CITY OF SAN JACINTO PAGE , CHECK 29966* 29967* 29988* 29969* 2997O* 29971* 29972* 29973* 29974* 29975* 29976* 29977* 2997B* 29979* 29gB0* 29981* 29982* 29983* 29984* 299B5* 299B6* 299B7* 299B8* 299B9* 2999O* 29991* 29992* 29993* 29994* 29995 29996 29997 29998 29999 30000 30001 30002 30003 30O04 30005 30006 30007 30008 30009 30010 30011 30D12 30013 30014 30015 30016 UNITED CALIFORNIA PANK A/C 201398 DATE 9/30/92 ISSUED TU CITY OF SAN JACINTO AETNA HEALTH PLAN BLUE CROSS OF SO~ CA^ S.J. FIREFIGHTERS ASSOC S~J, POLICE ASSOC. PUBLIC EMP^ ASSOC~ ICHA RIVERSIDE CO^ EMP^ HEALTH NET MT. SAN JACINTO COLLEGE SO^ CA^ EDISON S8~ CA~ GAS UNIVERSITY EXTENSION-­UC U^S^ POSTMASTER S.B. VALLEY COLLLEGE S.B. SHERIFF'S TRAINING EDELBROCK BD~ CA^ EDISON SO. CA. GAS AVP VISION PLAN SO. CA. GAS SO. CA^ EDISON DIVINE REAL ESTATE SO, CA^ EDISON SQ^ CA. GAS PAMEL4 LEE S8. CA, GAS SO, CA. EDISON RIVERSIDE COMMUNITY BILL RUTLEDGE RICHARD HIXSQN DAVID VER PLANK YVONNE IACONO GLENN TAYLOR A-1 LOCK & KEY AT&T AT & T AT & T LANGUAGE LINE ADVANCED DATA PRODUCTS ALEXANDER BATTERY CU^ ALF8RD & PUYEAR INC^ ALL PURE CHEMICAL CO~ ALPHA BETA AMERON LOUIS k, ARROYA, JR^ ARROW PRINTING B^P~S^ REPROGRAPHIC E~S^ BABCOCK & SONS BEAUMONT CONCRETE CO~ BEEMAK PLASTICS THE BLIND MAN DE5CRIPTION HET PAYROLL HEALTH INSURANCE HEALTH INSURANCE ASSOCI�TIDw DUES AS.SOCIATION DUES A�3S8CIATIQN DUES [iEFERRED COMP, DEDUCTIONS CREDIT UNION DEDUCTIONS HEALTH INSURANCE PENAL CODE 8OOKS—P^O~ TRAINEE PAYMENT COLLECTIONS PAYMENT COLLECTIONS PARLIAMENTARY SEMINAR—MORA REPLENISH POSTAGE METER ACADEMY FEES—P.O. TRAINEE BOOKS FOR ACADEMY—F'.O. TRAINEE REPLACE CHECK PAYMENT COLLECTIONS 'PAYMENT COLLECTIONS VISION PLAN INSURANCE PAYMENT COLLECTIONS PAYMENT COLLECTIONS MONTHLY LEASE—OCT~ PAYMENT COLLECTIONS PAYMENT COLLECTIONS STAFF ASSISTANCE —CLERK PAYMENT COLLECTIONS PAYMENT COLLECTIONS DRIVER COURSE~F'^D TRAINEE PC MEETING PC MEETING PC MEETING PC MEETING PC MEETING �EYS & LOCK—F.W. LONG DISTANCE PHONE SERVICE LONG DISTANCE PHONE SERVICE LANGUAGE LINE—PD^ COMPUTERS —WATER & P.W. HDT8ROLA BATTER IES—P^D^ GRADING CHANNEL —PARK HILL CHLORIN[/SODA--WATER SUPPLIEG~F^D^ gEPL CK 29590 JANITORIAL SERVICE—SEPT~ COMM^ RESOURCE GUIDE, ETC. REPROGRAPHIC SERVICE LAB TESTS .... WATER CONCRETE —BATH WELL BROCHURE RACK —ADM. OFFICE MINI PLINI/S—COMMUNITY CENTER AM ' /7 � 100o216,3E 4,Z50.3E 3+533~O(' 100°O{ 1,047~2e 195~9e, 1'063~4e. 2~982°6( 17+463^3� 113.1^ 703^5� 145°3^ 45°Q( 989.8( 155^0( 15Q°0( 2'023°11 625~4- 191~4! 993.T ' 267°8� 792^2- 1 084. & 1535~6' 256,1� 551^5` 367~01 10b~{>' 10Q°D' 1O0~0, 100°C* 10O"Q/ 136^3 2°5 299^2 50^0' 1Q°D67~Q 539"2 45O^O 2~368,9 75~8 138~0 190O~O 1,712^1 32~1 286^0 J.r 5 2���3 47~7 GLCDl2 30017 3{>018 30019 30020 30021 30022 30023 30024 30025 30026 30027 30028 30029 3003O 30031 30032 30033 30034 30035 30036 30037 30038 039 0040 30041 30042 3{}C`43 30044 30045 3<}D46 3@047 30048 30049 30050 30051 30052 30053 30054 30055 30056 30057 30058 30059 30060 30061 30{}62 300&3 30064 ;0065 �30066 30067 CITY OF SAW JACINTO REGISTER OF AUDITED DEMANDS PAGE 3 UNITED CAL.IFORNIA DANK" A/C 201.398 ISSUED TO BOB'S LUMBER BUILDERS EMPORIUM JOHN R. BYERLY INC- CA* POLICE CHIEFS'ASSOC CA~PEACE OFFICERS ASSOC EMPLOYMENT DEV^ DEPT. DEPT^ OF JUSTICE CM8TA CASTELLANO'S TOWING SER LUANN CHADWICK CHER8KEE LANDSCAPE JEFF CHERRY CHEVRON. U.S.A. PRIMERA IGLESIA BAUTIST TERRY SCHEMBRI EDWARD HEWITT GREG JOMES RICK BARTON MANUEL MARCIAL JOHN LONG LYDIA ROUSO DEBRA CERVANTES LYNBA HAYES SHELLY HENDRIX JOSE QUIJADE WILLIAM SIMPSON CINDY BROWN JIM WOLFORD COM SER CO. COMPUTER CONNECTION COMPUTER RESOURCES CONRAB & ASSOCIATES THE COUNSELING TEAM COX & COX KEVIH COZAD & ASSC~ CREDIT BUREAU OF CORONA DAMON REFERENCE LAB~ J°F^ DAVIDSON DEFENSE TECHNOLOGY DENMARK CONSTRUCTION DEPT. OF HEALTH SERVICE R^F^ DICKSON COMPANY I/QMINO'S PIZZA DOOR COMPANY PAMELA EASTER EASTERN MUNI~WATER UIST EQUIPMENT SUPPLY ERMST & YOUNG EVANS & ASSOCIATES DAVID EVANS & ASSOCIATE FETN FIRE & EMERGENCY DESCRIPTION BLDG SUPPLIES~WATER WATER SUPPLIES SOIL ENGINEERING ANNUAL DUES—P~D^ LEGISLATIVE DIGEST—P.D. UNEMF'^ BENEFITS REVIEW F'~O^ APPLICANTS MEMBER & ROSTER UPDATE TOWING CHARGES—P^D^ MILEAGE REIMU^—SEMINAR LANDSCAPE MAINT^ DIST^ MILEAGE REIMB^—RDA GASOLINE REIM8^ REIMB, REIMB, REIy1B^ g IMB~ REIMB, REIMB,~ REIMB^ REIMP'+ REIHf)~ REIMB, REIMB~ REIMB, REIM B~ REIMB. WATER/TRASH WATER/TRASH WATER/TRASH WATER/TRASH WATER/TRASH WATER/TRASH WATER/TRASH WATER/TRASH WATER/TRASH WATER/TRASH WATER/TRASH WATER/TRASH WATER/TRASH WATER/TRASH WATER/TRASH DATE 9/30/92 DEPOSIT DEPOSIT DEPOSIT DEPOSIT DEPOSIT DEPOSIT DEPOSIT DEPOSIT DEPOSIT DEPOSIT DEPOSIT DEPOSIT DEPOSIT DEPOSIT DEPOSIT RADIO REPAIR~BLDG COMPUTER UPGRADE—BLDG & PLAN COMPUTER B1]PPLIES—WATER AUDIT EXAM Y/E 6-38-92 PHSYC8LDGICALS—NEW HIRE LEGAL SERVICE FIELD TOPOGRAPHIC SURVEY^7RH ST~ TRW CHECKS —NEW HIRES LABORATORY FEES—P.D. TRAFFIC ENGINEERING MACE CH[MICALS—P~[/- CAPSYLITE LAMPS —DISPATCH LARGE WATER SYST. FEE STREET SWEEPING FIRE CONTROL TRAINING SERVICF BAY DOOR—F,D REIM8, BUSINESS LUNCH UTILITIES SAW BLADES —WATER PROFESGIONAL SERVICE --AUDIT F'ROFESSIONAL SERVICE~PUB�IC WORKS ENGINEERING SERVICES WEEKLY TRAINING—F.D. AMOUNT 3O1~9O 250~01 8°317.50 125~OC 120^0C 2940^0C 10B^&O 4O^0C 112~5C 5&^5F 3,30D~DC G5~9C 68^4—r 6^7F 28~31 50^0C 5.41 27^2� 5.9' 12^51 3^4' 12.0( 4.27 19~41 13-O'c 5^4c `48~91 13,0l 2,111^7( 1,450.3' 133^1~ 14^685~0( 875~0( 5297^5' 1,715~5^ 90~0( 604,3',' 1t074°5( 4O2^9^ 757~2( 3,30D°8( 65O+0, 71^{)� 237^8` 17^7, 82,259^8' 179^2' 15O^0` 4�8O0,0' 3,O22^3� 2B8.0' GLCD12 30068 30069 30070 30071 30072 30073 30074 30075 30076 30077 30078 30079 30000 30081 30082 30OB3 30084 30085 30066 30087 30008 30089 3<)89& 30091 30092 3(}O93 30094 30095 30096 30097 3O098 3O0C?9 3O100 30101. 30102 30103 30104 30105 30106 30107 3�1�8 30109 30110 30111 30112 30113 30114 3U11'5 30116 30117 30118 CITy OF SAN JACINTO REGISTER OF AUDITED DEMANDS PAGE4 I UNITED CALIFORNIA BANK A/C 201398 DATE 9/,30/?2 ISSUED TO FEDERAL EXPRESS CO - FEDERAL LICENSING^J,V^ FERGUSON^PRAET & SHERMA FIELDS & CREASDN FIRST INTERSTATE BANK 1ST MUNICIPAL DIVISION TOM FLENNIKEN & ASSOC- BALLS. INC~ GENERAL TELEPHONE CO, GILLESPIE REPORT7NG CITY OF HEMET HEMET EMGY, MEDICAL HEMET HEATING & COOLING HEMET NEWS HEMET FAMILY PHYSICIAN HI STANDARD AUTOMOTIVE ELLWOOD HILLESLANI/ HILLTOP SOFTWARE HINCKLEY & SCHMITT R+ GHEGORY HOuE CDNST^ I.D.M. CORP~ INLAND CHEVROLET lNLA#D UNIFORMS INLAND PIF'E & SUPPLY CO INT'L CONF, BUILDING J & J AUTOMOTIVE J & M AIR CONDITIONING FLOYD JOHNSTON CONST~ KELLY BLUE BOOK KENNEDY/JENKS CONSULlNT RICHARD KREITZ KUNZE INCORPORATED KAM P. LEE LIEBERT^CASSIDY/FRIERS0 LIGHTNING POWDER LONGS DRUG STORE LONGS DRUG STORE MARDEN-SUSCO MATICH CORPORATION MATT CHLOR INC. PATRICIA MELAU MINCO COMPUTERS MOBILE MINI STORAGE SYS #BS/LOWRY SANDY NEELY NTFC NORTHEAST PUBLISHING NORTON BATTERY MFG~ Co. O'MALLEY ORRICK. HERRINTON ORTHOPAEDIC SURGERY DESCAIPTION MAILIHG~P~D^ FCC LICENSE-P^D^ CLAIMANT* JOHN OGLE CLAIMANT** HA.O5KI MASTERCARD STMT. BRO8MSWEEPER LEASE POLYGRAPH EXAMS -NEW HIRE BARRIER TAPE-P^D. PHONE SERVICES CLAIMANT: HERNANDEZ REIMB. TEA: FIRE ASSIGN. MEDICAL SERVICES-P.[/ COIL REF'AIR~P^D, LEGAL ADVERTISING PRE -EMPLOY PHYSICAL INSTALL EQPT, NEW VEHICLES-P.D^ REFUND WATER DEPOSIT PROGRAMMING SERVICES DRINKING WATER DISPATCH WINDOW INSTALLATION MAINTENANCE -PRINTER VEHICLE PARTS~P.D^ UNIFQRMS~PO TRAINEES CLA-VALVE AIR RELEASE MEMBERSHIP DUES REPL. SHDCKS^P^D~ A/C SYGTEM--ADM. OFFICE ESPLANADE ST~ IMPROVEMENT BLUE BOOK SUBSCRIPTION WTR/SWR MASTER PLAN REIMB+ STORAGE & TOW-P.D. RELEAGE OF BOND -PLANNING REFUND OF FILING FEE LABOR RELATIONS ATTORNEY SYRINGE: TUBES-P.D. VCR TAPES -CODE ENF^ PHOTO PRIOCESS-P^D. WTR, PIPE & SUPPLIES RAMOHA E)<PWY PROJECT CHL[}RINF GAS DETECTOR REFUND TRASH DEPOSIT COMPUTER SUPPLIES EVIDENCE STORAGE CONTAINER-P.D. ESPLANADE PROJECT ENG^ NEWSLETTER SUPPORT TELEPHDNE EQUIP- LEASE MUNICIPAL GOV'T PUBLICATION VEHICLE B�TTERIES��TRE[T ECO+ DEWLP~ SERVICES LEGAL SERVICES -ESPLANADE CLAIMHNT: ANGEL GRAJEDA AM[ 79,5( 85^O/ 1,123~6� 2,533°3~ 53.0 1'565^2, 10O^0( 61^4� 266.5 148°8' 8A^4/ 141^[v 12O°O, 75~5 29^7°0' 5~118^2 5U^0' 420~8 223~0 27G°0 2U1°0 388~8 t247.3 1�6 281"7 2,700~0 35,577~0 52.5 5.883^0 60^O 5~OOO.0 1~5O0,0 3~153°7 43.6 139~9 166~6 197~1 214~4O6~5 1'760~2 25~& 78°5 1v957°1 20^414~2 562^t' 79O.� 65^4 279.5 1 u 13° GLCD12 ~t"HECK 30119 301.20 30121 3{)122 30123 30124 30125 30126 3O127 30128 30129 30130 30131 30132 30133 30134 30135 3D136 30137 30138 30139 30140 - O141 .1O142 30143 30144 30145 30146 30147 3O14B 3O149 30150 30151 30152 30153 -2p 0154 30155 ,3O156 30157 3O158 30159 30160 30161 30162 30163 3O164 30165 ~ 3O166 �--�30167 3O168 30169 CITY OF SAN JACINTO REGISTER OF AUDITED DEMANDS PAGE 5 UNITED CALIFDR'HIA BANK A/C 201398 DATE 9/30/92 ISSUED TO OVERNIGHT INDUSTRIAL ROBERT OWEN PACTELL CELLULAR -LA PACTB,L MERIDIAN PAGE INVESTIGATION PAGTER LAW PEMHALL COMPANY PITNEY BOWES P.D. PETTY CASH PRESS -ENTERPRISE QUAST TREE SERVICE RAMONA ANIMAL HAVEN RAMONA BUSINESS MACHINE ANIL RASTOGI CO, OF RIVERSIDE RIVERSIDE SHERIFFS ROCKWOOD CORP ROSSI LOCK & KEY SAFETY~KLEEN CORP^ SCOTSMAN MANUFACTURING SEARS. ROEBUCK & CO. SENSUS TECHNOLOGY SHARP BUILDING SUPPLY SIGN ART SIGN CENTER SMALL ANIMAL HOSPITAL SMITTY'S AUTO PAINTS SO. CALIFORNIA EDISQ# SOUTHERN CA~ NAHRU SOUTHERN COUNTIES OIL STEYE'S AUTO PARTS 6TR;4DLING~ YOCCA, CARLS SYSTEMS SOURCE INC TmABS TAC EXTERMINATORS DAVID TAUSSIG & ASSC, BILL TIBBETTS TIERRA MADRE CONSULTANT TOP CAT EQUIPMENT UNDERGROUND SERVICE UNOCAL VALLEY AUTO SALVAGE VALLEY ELECTRIC VALLEY POOL SUPPLY VALLEY RESOURCE VALLEY TEEN FOUNDATION VAN WATER & ROGERS~ INC CARL WARREN & CO - WASTE MANAGEMENT WESTERN FARM SERVICE WESTERN NURSE SPEC~ DESCRIPTION SUPPLIES -ALL DEPTS. LEGAL GERVICES-AD 87-1 CELLULAR PHONE -ALL DEPTS. PHONE EXT.-BLDG.. ETC. CLAIMAmT- MARSHALL SOBOBA ASSC~-LEGAL SERVICES WINDOW -DISPATCH CENTER RENTAL OF POSTAGE METER P^[/, PETTY CASH LEGAL ADVERTISING TREE TRIMMING -VARIOUS ANIMALS - AUGUST REPAIR TYPEWRITER--COMM- CENTER REFUND TRACT FILING FEE ACIIS SYSTEM-P.D. CAL/ID FY 92-93 TARGETG~P~D~ FORD CODE KEY PARTS CLEANER FLUID MONTHLY LEASE'~OFFICE-P^D^ TDOLS~F'~W. WATER METERS BUILDING SUPPLIES SIGHS RAMQNA EXF'WY HEIGHBROHM]OD WATCH SIGNS PTD LOTION-FEDOR HOSE ASSY~~CHEVY PAINT TRUCK UTILITIES SEMINAR-REDVLP, UNLEADED FUEL VEHICLE PARTS pEDEV~ CONSULTANTS LEGAL BACKORDER BOOKCASES -ADM~ OFFICE POSTAGE SPRAYING AT COM^ CENTER CONSULTING SERVICES-CFD'S A/C REPAIRS -CHIEFS VEHICLE BILDGICAL SURVEY REPAIR SKIPLOADER UTILITY FAX NOTIFICATIONS DRUMS OF MOTOR OIL BENCH SEAT-F.D. CONNECT BATH WELL POOL SUPPLIES HGFFMAN PARK. -LANDSCAPE GRAFFITI REMOVAL POTA5SIUM-WATER CLAIMANT* DELGADO PORT,'4, POTTY --MISTLETOE SPRAY WEEDS -WELL SITE BLOOD DPAWS~P^D^ 1,330.1c 8,682,3( 947^2' 1'589~5� 194.5� 4'396^0u 33O^0< 151^9 " 81~0' 64^8/ 4,7OO~Cx 350.0/ 851~O� 3,500~0� 5,486^0( 12,32O~0' 24^8' 36.5 276~5' 1°743~4 313.4' 1rD67~4 2,0E3.4� 1°709,0' 196^9� 7^9' 180~9 6,368~9 90^0 7t910~2 295~2 322°0 673.4 10^O 43~5 24,497~8 433^2 5,480~0 398.3 1.90.0 60B^4 53^2 1'999~5 634~O 58O~0 859^9 231~1 77O~4 49^7 1^851,6 90,C CITY OF 5AN JACI#TO � PAGE6 UNITED CALIF0RHIA BAAK A/C 201398 DATE 9/30/92 CHECK ISSUED TO DESCRIPTION AM( � 3D17O WESTERN RIVERSDIE CUG 30171 XEROX CORPORATION 30172 THE COUNSELING TEAM �EMBERGAIP DUES 1992--93 D�Y INK COPIER PH�yCOLOGICAL. 5-NEW HIRE FINAL TOTAL 3,4OO^OO l,383^83 9OO^OO 985,B51.75 REGISTER OF AUDITED DEMANDS September 30, 1992 FUND 10 104707.26 FUND 14 7151.34 FUND 20 46267.61 FUND 21 9258.16 FUND 22 35577.00 FUND 23 216115.53 FUND 24 2146.15 FUND 25 17517.48 FUND 35 8359.39 FUND 36 13205.92 FUND 37 8634.02 FUND 39 11801.80 FUND 40 11642.36 FUND 42 15843.04 FUND 47 13203.39 FUND 50 25568.84 FUND 65 249780.50 FUND 66 2791.84 FUND 67 702.65 FUND 92 322.00 FUND 96 $10,517.15 PAYROLL 174738.32 TOTAL 985851.75 TREASURER REPORT TO: Honorable Mayor and City Council FROM: Ken Leahy, City Treasurer SUBJECT: August 199E Treasurer's Report DATE: October 6, 1992 RECOMMENDATION Receive and File. SUMMARY A listing of investments for the City, Redevelopment Agency and Fiscal Agent is attached for City Council to receive and file. A breakdown of investments by fund is as follows: 10 GENERAL FUND 27 INTEREST HOLDING FUND GRANTS 11 TITLE IIIB GRANT 29 C.D.B.G. 411,700 0 2,346 <11,550> 14 SEWER FUND 22,242 INSURANCE 18 WORKERS COMPENSATION 20 LIABILITY INSURANCE STREETS 21 GAS TAX FUND 22 MEASURE "A" 23 LOCAL TRANSPORTATION 24 TRAFFIC SAFETY 38 UNDERGROUND UTILITY 39 FLOOD CONTROL 41 TRAFFIC SIGNALIZATION PARKS & PARKWAYS 25 LIGHTING, LANDSCAPING MAINT.DIST. 28 PARK DEVELOPMENT 34 PARKWAY DEVELOPMENT FUND 208,893 204,153 602,914 202,128 180,514 24,498 194,646 1,701,572 495,839 112,052 350,695 277,350 Page 2 Treasurer's Report COMMUNITY FACILITIES DISTRICTS 35 CFD. NO. 1 150,400 36 CFD. NO. 2 65,670 37 CFD. NO. 3 11,223 42 ASSESSMENT DIST 87-1 (145,896) ASSESSMENT DIST 90-1 0 43 CFD. NO. 2 - DEBT SVC 1,427,538 WATER ENTERPRISE 47 WATER - CAPITAL IMPROVEMENT 0 50 WATER FUND ( 26,064) 26 INDUSTRIAL DEVELOPMENT AUTHORITY 1,651 40 EQUIPMENT REPLACEMENT FUND 49,834 65 TRUST ACCOUNT (Deposits) 263,800 66 ASSETS FORFEITURE (Drug seizures) 29,292 67 FIRE MITIGATION 128,795 68 CAPITAL IMPROVEMENTS 1,178 69 CAR POOL MITIGATION 81,102 70 LOCAL TRANSPORTATION 72,481 71 REGIONAL TRANSPORTATION 115,918 72 PUBLIC BUILDINGS 9,180 TOTAL GENERAL INVESTMENTS $ 7,196,124 REDEVELOPMENT 92 SOBOBA PROJECT 340,985 94 SOBOBA - LOW/MOD HOUSING 105,464 96 SAN JACINTO PROJECT 299,300 99 SAN JACINTO-LOW/MOD HOUSING 149,800 TOTAL REDEVELOPMENT $ 895,549 TOTAL CASH AND INVESTMENTS $ 8,091,673 43 CASH WITH FISCAL AGENT 10,734,671 TOTAL CITY AND FISCAL AGENT 18,826,344 CITY OF SAN JACINTO TREASURER REPORT FOR THE MONTH OF AUGUST 1992 INSTITUTION INTEREST MATURITY PRINCIPAL DATE SERIAL # RATE DATE AMOUNT 02-20-85 State-L.A.I.F. Serial # 9833794 01-19-88 State-L.A.I.F Serial # 5133120 CHECKING First Interstate Serial # 3980000 4.958 4.958 OPEN $4,733,104 OPEN $2,061,084 OPEN $1,296,785 CASH ON HAND $700 Total City & Redevelopment Investments $8,091,673 CASH WITH FISCAL AGENT (BOND FUNDS) UNION BANK Citibank Account No. Citibank 7-11361 FHA Banks Dreyfus Treasury Cash Management 7.81 9/01/2014 $7,373,451 7.81 9/01/2014 $2,562,762 7.45 2/25/1994 $765,000 OPEN $33,392 OPEN $66 Total Cash with Fiscal Agent $10,734,671 TOTAL ALL FUNDS $18,826,344 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. KenLeah', Treasurer CITY OF AN JACINTO CITY OF SAN JACINTO TREASURER REPORT FOR THE MONTH OF MAY 1992 INSTITUTION INTEREST MATURITY PRINCIPAL DATE SERIAL # RATE DATE AMOUNT 02-20-85 State-L.A.I.F. Serial # 9833794 5.379 OPEN $6,139,405 01-19-88 State-L.A.I.F Serial # 5133120 5.379 OPEN $2,038,365 CHECKING First Interstate Serial # 3980000 OPEN $872,292 CASH ON HAND $700 Total City & Redevelopment Investments $9,050,762 CASH WITH FISCAL AGENT (BOND FUNDS) UNION BANK Citibank Account No. Citibank 7-11361 FHA Banks Dreyfus Treasury Cash Management 7.81 9/01/2014 $9,090,847 7.81 9/01/2014 $1,839,000 7.45 2/25/1994 $765,000 OPEN $30,183 OPEN $569,326 Total Cash with Fiscal Agent $12,294,356 TOTAL ALL FUNDS $21,345,118 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. / .04'1 ,7 Ken Leahy, Treasurer CITY OF SO/JACINTO STAFF REPORT TO: Mayor and City Council FROM: Laurie Mora, Deputy City Clerk DA 1E: October 6, 1992 SUBJECT: Claim - GTE RECOMMENDATION: Reject the claim as recommended by the Claims Adjustor pursuant to Government Code Section 913. OCT-51-13 __ Frl_r HU COACHELLA VALLEY JOINT POWERS INSURANCE AUTHORITY October 1, 1992 Laurie Mora, Deputy City Clerk City of San Jacinto P.O. Box 488 San Jacinto, CA 92581 RE: GTE California Incorporated v City 9f San Jacinto Loss Date : June 5, 1992 Our File # : JS 93-06 Dear Ms. Mora: CVJPIA is in receipt of the above -captioned claim filed against the City of Sara Jaelnto by claimant GTE California. We request that you take the action indicated below: [ X ] C7AiM REJECTION: Written rejection ct claim by Title of Dowd cc Operation of Law in accordance with Govranment Code Section 913. LATE CLAIM Do NOT reject cialm but RETURN it for failure to file within time limit prescribed in Government Code Section 911.2 Transmittal NOT to coataat 'WARNING" required by Section 913, but should advise that the recourse to file "Application for Leave to Filc Lars Claim" as provided in Government Code Section 911A. This must be returned within 45 days of the date claim mailed or delivered. INSUFFICIENT CLAIM Send notice of insufficiency for f*lure to empty with Government Code Section 910 and/or 910,2 and/or 910A and ate the following specific lnsummcieeoaes: his mils be ecru within 20 days of your receipt of chain. AMENDED CLAIM Reject claim as set forth in first paragraph above, CLAIM REIEC.TION. APPLICATION MR U3AV13'ID FILE LATE QAiht Reject the Application under Government Cade Section 911.5. OPERATION OF LAW: Drier 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, L tt Ell -: + k Accounting/Caims Specialist cc: Jim Cox, City Attorney Cox, Cox & Camper 805 East Florida Avenue Hemet, CA 92543 73-710 Fred Waring Drive, Suite 200, Palm Desert, CA 92260 (619) 341-0492 FAX (619) 340-5949 TITGI P. Fes STAFF REPORT TO: Mayor and City Council FROM: Laurie Mora, Deputy City Clerk DATE: October 6, 1992 SUBJECT: Claim - Angel J. Figueroa, Sr. RECOMMENDATION: Reject the claim as recommended by the City Attorney. •"5 THOMAS M. COX JAMES A. COX BEVERLY M. CAMPER September 15, 1992 COX, COX. & CAMPER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 805 EAST FLORIDA AVENUE HEMET, CALIFORNIA 92543 Angel J. Figueroa, Sr. 1255 Maple Avenue Beaumont, CA 92223 Re: Claim presented to City of San Jacinto Presented: September 9, 1992 Ref: Fallen Tree Limb TELEPHONE AREA CODE 714 652-1400 FAX <z7I4i 652-3590 Dear Mr. Figueroa, This office represents the City of San Jacinto. The claim you have presented to the City of San Jacinto was delivered to me for review and recommendation. From the content of your claim, I am informed that your fence suffered damage as the result of a fallen limb from a tree loc- ated on the street parkway in front of 115 Ramona Boulevard. I have investigated this matter with the City yard and am further informed that the tree in question is located within the right-of- way belonging to the California Department of Transportation (CAL -TRANS) and is controlled and maintained by them. The City of San Jacinto has no maintenance or control rights over the tree in question. For these reasons, I must recommend that the City deny the claim presented. You may wish to consider filing a similar claim with the State Board of Control. Delivery may be made in person to 630 K Street, Sacramento, CA 95814, or by mail to State Board of Control, Government Claims Program, P.O. Box 3035, Sacramento, CA 95812-3035. Sincerely, James A. Cox City Attorney cc: Laurie Mora Dennis Molloy, JPIA TO: FROM: DATE: SUBJECT: STAFF REPORT Honorable Mayor and Members of the City Council Les Evans, Interim Director of Public Works October 6, 1992 WATER AND SEWER MASTER PLANS Recommendation: Approve and adopt: 1. The Sewer Master Plan prepared by and dated September, 1992. 2 The Water Master Plan prepared by and dated September, 1992. Kennedy/Jenks Kennedy/Jenks i Consultants Consultants Fiscal Analysis: Of themselves, the Water and Sewer Master Plans have no financial impact. However, implementation of recommended strategies in the Plans will require additional funds most likely through higher water and sewer rate. Background and Analysis: Kennedy/Jenks Consultants have completed Water and Sewer Master Plans for the City. The Water Master Plan was presented to the City Council in a workshop session on July 21, 1992. The Sewer Master Plan was presented to the City Council at a September 1, 1992 workshop. Both Plans are now in final form and are ready to be adopted by the City Council. The adopted Plans will serve as a guideline for installation of future facilities as development occurs as well as a basis for capital improvement programs for both the water and sewer systems. By adopting the Plans, the City Council makes no commitment to a financial plan. However, the Water Master Plan cannot be implemented without significant expenditures for capital improvements. a:les/wa tersewcrmasterpla ns CITY OF SAN JACINTO STAFF REPORT TO: Honorable Mayor and City Council Members FROM: Brian McNabb, Director of Community Development via Pamela S. Easter, City Manager DATE: October 6, 1992 SUBJECT: Conditional Use Permit 3-92 APPLICANT: J.B.F. Amusements Jack Matlock 24070 Pine Avenue San Jacinto, CA 92582 714-654-2491 NEIGHBORHOOD: De Anza DESCRIPTION A proposal for a Family Fun Center/Arcade in a 2050 sq. ft. suite zoned C-2 and located in the San Jacinto Plaza. This proposal is Located south of Ramona Blvd. and west of State Street. This is not a public hearing and the City Council cannot take testimony unless they schedule the matter for a new public hearing. RECOMMENDATION The Planning Commission recommends that the City Council ratify Conditional Use Permit 3-92 subject to the Planning Commission's Findings of Fact and Conditions of Approval. BACKGROUND Conditional Use Permit 3-92 was approved by the Planning Commission on September 9, 1992 subject to the attached findings of fact and conditions of approval. City Council Staff Report October 6, 1992 Page2 Excess noise is a major problem commonly associated with this type of use. Tenant improvements shall provide for the attenuation of noise, so as not to impact adjoining tenants. Similar establishments have been congregation centers for juveniles and can be the source of disturbances such as fights, assaults and vandalism. Loitering can become a problem if not kept under control and signs will be posted to discourage this activity. Curfew for minors in the city is 10:OOP.M. and this establishment will not be permitted to operate after this time. Ordinance No. 532 of the City of San Jacinto states that a poolroom is defined to include any regularly maintained place where pool, pinball, snooker and other similar games are offered for use by the public for hire in an enclosed area. This ordinance states that minors may be permitted in poolroom providing they are supervised by a responsible adult at all times. This proposal could present a problem to the Police Department and require extra time controlling any illegal activity related to the Family Fun Center/Arcade. At the Planning Commission meeting the applicant requested some changes be made to the conditions of approval. The requirement that refreshments be sold only in vending machines was changed to not require vending machines. The Planning Commission also deleted the requirement of at least one public telephone to be provided that was limited to outgoing cal Is. The applicant stated that he did not feel that he should be made solely responsible for supplying bicycle racks for the entire plaza. At this point it is too late to require the developer of the plaza to provide bicycle racks. There are currently no bicycle racks provided at the Plaza. The Planning Department originally included a condition requiring bicycle racks to be provided because this type of establishment tends to attract customers that are less than sixteen years of age and not yet old enough to obtain a driver license. The Planning Commission recognized the need for bicycle racks and suggested that the Plaza owner could be asked to provide them because the alternative of having bicycles blocking the walkway could potentially be detrimental to the business of all the tenants. The condition to require bicycle racks is a necessary one and the Planning Commission left it in tact. How the bicycle racks are actually supplied is of no consequence to the City. Prepare Jeff Cher Approve Brian McNabb/Director of Community Development City Council Staff Report October 6, 1992 Page3 FINDINGS OF FACT C.U.P. 3-92 1. The subject property is neither in a seismic study area nor an "A" flood zone. 2, The property is located within a C-2 zone, General Commercial Zone. 3. The property is within a Community Commercial General Plan area. 4. Use of the site will consist of an arcade, and also include the sale of refreshments. The adjacent surrounding uses consists of general commercial, residential and vacant uses. 6. The proposed use will comply to all applicable provisions of the zoning ordinance. 7. The conditional use granted for the applicant shall remain with the subject property regardless of ownership. 8. The project will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. City Council Staff Report October 6, 1992 Page4 CONDITIONS OF APPROVAL C.U.P. 3-92 1. The use hereby permitted is for an arcade/amusement center and the sale of refreshments in vending machines located within Assessors Parcel Number 434-060- 039. The effective date of issuance of this permit is the date it is ratified by the City Council. Thee applicant must activate the permit within 6 months after ratification or it is null and void. Prior to the issuance of a Certificate of Occupancy the permittee must demonstrate compliance with all conditions of approval to the Planning Department of the City of San Jacinto. 3. Hours of operation shall be limited to 10:00 A.M. to 9:30 P.M. Sunday through Thursday and 10:00 A.M. through 10:00 P.M. Friday through Saturday. 4. Bicycle storage racks shall he maintained off the public sidewalk, to accommodate twenty bicycles 5. Tenant improvements shall provide for attenuation of all sources of noise, so as not to be detectable from the exterior of the arcade or from adjacent uses. 6. Supervision will be provided by an adult at all times during hours of operation and be placed in a position as to he able to readily observe all areas of business in the arcade. 7 On site security shall be provided at a level of service to the satisfaction of the San Jacinto Police Department. 8. No signs are approved pursuant to this Conditional Use Permit. Prior to the installation of any on site advertising or directional signs , a signing plan shall be submitted pursuant to the requirements of Article 16 of Ordinance 340. 9. Prior to the issuance of a Certificate of Occupancy the permittee shall comply with the Fire Prevention Bureau checklist dated August 20, 1992, attached and incorporated in the conditions. 10. In the event the use hereby permitted ceases operation for a period of one year or more, this approval shall become null and void. 11. This Conditional Use Permit is subject to Section 17.11 of Ordinance No. 340 (permit suspension and revocation). City Council Staff Report October 6, 1992 Pages 12. No alcoholic beverages or cigarettes shall be sold or consumed in this facility. 13. The premises shall be continuously maintained in a safe, clean, and orderly condition with trash receptacles provided. 14. 15. The premises shall be fully and adequately lighted for easy observation of all areas. 16. The San Jacinto Planning Department will review the operation of the proposed C.U.P. to ensure compliance with all conditions after six months of operation and again after twelve months. The cost of this review may he found in the Planning Department current fee schedule under the heading "Environmental Monitoring and Condition Enforcement." The current fee is $50.00. 17. "No Loitering" signs must be posted to discourage loitering outside the establishment, in accordance with Police Department requirements. 18. Restrooms shall he provided and built to the standards of the "Americans With Disabilities Act." Fi 'zE EPARTMEN` 180 WEST SIXTH STREET • SAN JACINTO, CALIFORNIA 92383 • 714 - 651 FIRE PREVENTION BUREAU CHECKLIST APPLICANT: T. B, F- Al17USEli7ENT5 T-r MEETING DATE: AUGUST 20. 1q� 070 PINE AENUf SIT TE PLAN# /G - 92 1) PERMITS REQUIRED BY SECTION 4.108 YES NOy' 2) FIRE APPARATUS ACCESS ROAD SHALL BE PROVIDED & MAINTAINED IN ALL PHASES OF CONSTRUCTION. SECTION 10.207. YES ✓ NO WIDTH SHALL NOT BE LESS THAN 20 FEET. VERTICAL CLEARANCE UNOBSTRUCTED VERTICAL CLEARANCE OF NOT LESS THAN 13 FEET, 6 INCHES. SURFACE OF ACCESS ROADS SHALL BE DESIGNED AND MAINTAINED TO SUPPORT THE IMPOSED LOADS OF FIRE APPARATUS AND SHALL BE PROVIDED WITH A SURFACE SO AS TO PROVIDE ALL-WEATHER DRIVING CAPABILITIES. 3) ROADS IN EXCESS OF 150 FEET IN LENGTH SHALL BE PROVIDED WITH APPROVED PROVISIONS FOR THE TURNING AROUND OF FIRE APPARATUS. YES NO 4) PROVIDE PORTABLE FIRE EXTINGUISHERS AS DESIGNATED BY THIS DEPARTMENT AND NFPA, SECTION 10.303. YES NO 5) PROVIDE AN AUTOMATIC SPRINKLER SYSTEM PER CITY REQUIREMENTS. / ORDINANCE #917. • YES ,/ NO 6) FULL FIRE PROTECTION SHALL BE INSTALLED & ACCEPTED BEFORE THE COMMENCEMENT OF FRAMING. YES NO 7) PROVIDE FIRE DEPARTMENT WITH A SCALE MAP OF PROJECT. (8-1/2 x 11") YES i..7NO 8) KEY BOX - SECTION 10.209. KEY BOX SHALL BE A TYPE APPROVED BY THE FIRE CHIEF & SHALL CONTAIN KEYS, MAP TO SCALE, HAZARDOUS MATERIAL LIST. YES NO 9) FIRE FLOWS SHALL BE GALLONS PER MINUTE AT 20 PSI RESIDUAL. OPERATING PRESSURE MUST BE AVAILABLE BEFORE ANY COMBUSTIBLE MATERIAL IS PLACED ON THE JOB SITE. YESt NO 10) INSTALL A SUPER FIRE HYDRANT (JAMES JONES J-3765 6" X y" ) WITHIN FEET OF ALL PARTS OF THE BUILDING AS DESIGNATED BY THE FIRE DEPT. COMMERCIAL & INDUSTRIAL DEVELOPMENT. YES ©k NO -1- L'1 .,iA/r FIRE DEPARTMENT 180 WEST SIXTH STREET • SAN JACINTO, CALIFORNIA 92383 • 714 - 654-2702 FIRE PREVENTION BUREAU CHECKLIST (CONT'D) 11) FIRE HYDRANT SPACING IS EVERY 200 FEET AS LOCATED BY THE FIRE DEPT. YES 1/ NO 12) RELOCATE HYDRANTS TO YES NO t/ 13) UPGRADE THE NEAREST HYDRANT TO A SUPER HYDRANT. YES NO t% 14) HYDRANTS TO BE PAINTED W/REFLECTIVE SCOTCHLITE 5-368 * BLUE DOT ON PAVEMENT TO INDICATE FIRE HYDRANT. YESNO G''' 15) A COMMERCIAL HOOD SHALL BE INSTALLED IN THE KITCHEN. 16) HOUR FIRE WALLS TO BE INSTALLED, DIVIDING THE BLDG. INTO SECTIONS OF MORE THAN SQ. FEET. YES p/( NO 17) IF A FULL MANSARD IS CONSTRUCTED, PROVIDE A LADDER TO ROOF DECK. YES -:Lit: NO 18) TRASH BINS MUST HAVE A DROP LID. YES c - NO 19) STANDPIPES ON THE ROOF ARE REQUIRED. YES N0 20) INSTALL A WALK OR DRIVE-THRU WITH LOCK BOX. YES NO l ' 21) A SECOND EMERGENCY EXIT SHALL BE PROVIDED. YES NO 22) "NO PARKING" SIGNS SHALL BE POSTED IN THE FOLLOWING LOCATIONS: YES NO 23) POST "NOT A THROUGH STREET" SIGN AT ENTRANCES. YES NO �- 24) MITIGATION FOR FIRE PROTECTION IMPACT. $577.00 PER DWELLING UNIT. APT. OR RESIDENCE. NEW INDUSTRIAL COMMERCIAL $0.34 PER SQUARE FEET. YES NO 25) THE FIRE LANE SHALL BE SIGNED IN ACCORDANCE CITY & STATE REGULATIONS. YES L./NO FIRE LANES SHALL BE DESIGNATED IN FOLLOWING LOCATIONS: Ok AT 711! 5 71-;., r_ -7-%ii S f .P G.,//12E(/it4. ,- 26) BUILDING ADDRESSES SHALL BE PROVIDED AND SHALL BE OF CONTRAST- YES ,./410 ING COLOR AND BACKGROUND. THEY SHALL BE 12" FOR COMMERCIAL AND 6" FOR SUITED IDENTIFICATION AND 6" FOR RESIDENTIAL. _9_ FIRE DEPARTMENT 180 WEST SIXTH STREET • SAN JACINTO, CALIFORNIA 92383 • 7 4 - 654-2' FIRE PREVENTION BUREAU CHECKLIST (CONT'D) 27) ILLUMINATED DIRECTORY - ALL CONDOMINIUMS, APARTMENT COMPLEXES, TOWN HOUSES AND MOBILEHOME PARKS SHALL INSTALL & MAINTAIN AT POINTS OF ENTRY ILLUMINATED DIRECTORIES. YES NOV' -3- •8 STAFF REPORT TO: Honorable Mayor and City Council Members FROM: Brian McNabb, Director of Community Development via Pam Easter, City Manager DATE: October 6, 1992 SUBJECT: Conditional Use Permit 4-92 APPLICANT: La Vista Mary O'Donnell LOCATION: 2220 Girard Street San Jacinto, CA 92582 714-925-8450 NEIGHBORHOOD: HILL DESCRIPTION A proposal to add a double wide mobilehome to an existing Residential Recovery Home for Alcoholic Women, and increase the occupancy level from twenty-five to thirty. The 2.5 acre facility is located on the southwest corner of Midway Street and Girard Street and is zoned R-1. This facility was originally approved by Riverside County as Public Use Permit No. 417 in 1980. This is not a public hearing and the City Council cannot take testimony unless they schedule the matter for a new public hearing. I .a Vista is also requesting that the City Council waive Fire Mitigation Fees, Development Fees and Building Permit Fees. The dollar amount of this request will be S1882.02 including $705.00 in general fund money and $1177.02 in miscellaneous Development, Public Works and Fire & Life Safety Fees, which goes into various accounts. RECOMMENDATION The Planning Commission recommends that the City Council ratify C.U.P. 4-92 subject to the Planning Commission's findings of fact and conditions of approval. The Planning Commission also recommended that the City Council consider waiving the Fire Mitigation fee, which was requested of them. Staff recommends the denial of the requested fee waiver. City Council Staff Report October 6, 1992 Page No. 2 BACKGROUND Conditional Use Permit 4-92 was approved by the Planning Commission on September 9, 1992 subject to the attached findings of fact and conditions of approval. La Vista residential recovery facility for alcoholic women was founded at its present location in August 1974 as a non-profit organization. The La Vista facility and its residential program are Licensed and Certified by the California Department of Alcohol. The program is monitored quarterly by the Riverside County Alcohol Control Service. La Vista is now proposing to expand their facility by adding a 24' x 54' mobilehome which will be used as the "Sober Living" portion of the facility and accommodate up to five women. This portion is where women who need to rebuild their lives, become self supporting, find employment in the community and stay in the program up to one year. When these women leave La Vista they are responsible tax paying citizens no longer a burden on the resources of the community. This Conditional Use Permit will also increase the level from twenty-five to thirty. La Vista is providing a very much needed social service to the community. When La Vista was first founded in 1974 there were no other recovery homes for women in the County of Riverside. It is important to the continued success of this facility to whenever possible to keep costs to a minimum. The City has recognized this dilemma when it granted Community Development Block Grant Funds to La Vista and again when it waived the fees for this C.U.P.. For this reason La Vista is now asking the City Council to waive Fire Mitigation Fees, Development Fees and Building Department Fees. There has been no opposition to this Conditional Use Permit. The applicant has indicated that since moving to their present location at 2220 Girard in June of 1980 that they have enjoyed a harmonious relationship with their neighbors. At the Planning Commission meeting there was one neighbor, Mr. Ron Bessonette, who spoke in favor of and was extremely supportive of La Vista. The staff is recommending denial of the fee waiver because it feels a waiver sets a precedent for any number of non profit groups to make a similar request. There is no existing policy to deal with requests for waiver of fees. 2. Execution of Necessary Documents. The Parties hereto Agree to Execute any and all Documents required to effectuate the terms and conditions, purposes and aims of this Agreement. 3. Releases. (a) Related Parties. As used in this Agreement, the term "Related Parties", shall mean any past, present, and future heir, executive, administrator, representative, predecessor, affiliate, assignee, assignor, joint - venturer, partner, parent, or affiliated entity, subsidiary, agent, employee, insurer, attorney, indemnitor, officer, director, shareholder, owner of alter -ego, of the Party in which reference is being made. (b) Related Matters. As used in this Agreement, the term "Related Matters", shall mean any and all claims, liens, demands, obligations, actions, causes of action, accounts, damages, , losses, fees, costs or expenses, , known or unknown, past, present, ascertained, or unascertained, suspected, or unsuspected, existing or claimed to exist, that the Party in which reference is being made, or its "Related Parties", or any of them, have had, now have, or may hereinafter have against the other Party, which arise out of or ary way connected with the obligations of the other Party Biddi Documents, cntracts, per ormance, and obligations thereto, of and concerning that certain work of improvement, identified as SAN JACINTO COMMUNITY FACILITIES, District No. 2, San Jacinto Community Development Phase 1, Constructipn, STREET IMPROVEMENT, August, 1989. /1-4 61-) ,ii" g'1‘-"Li 4?A(04QA, (c) Releases by ("CITY"), and ("AGENCY"). In consideration of and in performance of each and every obligationt, undertaken by ("MATICH"), in this Agreement, to whicho;,g4raz, ("CITY") and ("AGENCY") agree constitutes adequate,kt good, legal and valuable consideration, ("CITY") and 0_, ("AGENCY"), does hereby Release, Remise, and forever Discharge ("MATICH"), and its "Related Parties" from the "Related Matters". (d) Release by ("MATICH"). In consideration of and in performance of each and every obligation undertaken by ("CITY") and ("AGENCY"), in this Agreement, to which ("MATICH"), agrees constitutes adequate, good, legal and valuable consideration, ("MATICH"),does hereby Release, Remise, and forever Discharge ("CITY") and ("AGENCY"), and its "Related Parties" from the "Related Matters". (e) No Release from the Obligations herein. Notwithstanding the foregoing, this Agreement is not intended to Release any Party from the obligations of this Agreement. 4. Covenant not to Sue. ("MATICH"),("CITY"), and ("AGENCY"), represent that, it has not filed or will it file at any time hereafter, any claim or legal action against the other or their respective "Related Parties", with any local, state, federal agency or Court relating to any matter or to any claim released herein. And that if any such governmental agency or court assumes jurisdiction against any of the Parties hereto or their respective "Related Parties" on behalf of the other Party, relative to any claim, released herein, the Party filing such claim, or legal action shall request such agency or court to withdraw from the matter and will indemnify the non -filing Party for any loss or other expense incident thereto, including, but not limited to actual Attorney's Fees and costs thereof. 5. Representations and Warranties. Each Party represents and warrants as follows: (a) That to the best of their knowledge, each Party is the Sole Owner of the respective release matters, and that they have sold, transferred, conveyed, assigned or hypothecated any of the released matters. (b) That each Party is duly authorized to execute this Agreement on behalf of themselves and their "Related Parties", that each person whose signature appears hereon has been duly authorized and has the full authority to execute this Agreement on behalf of the person, persons, or entity who is a Party to this Agreement, and who is a Party to this Agreement, and on whose behalf this Agreement is so signed, and that this Agreement so executed constitutes a legal, valid, and contractual obligation, binding them and their respective "Related Parties". ( c) That the Representations and Warranties as set forth above shall endure forever, and shall survive any investigation made by, or on behalf of any Party hereto, or their related Parties, or any of them, regardless of any actual or constructive knowledge on their part with respect to the truth or accuracy of any such Representation or Warranty. 3 6. Denial of Liability. It is understood and agreed that this is a compromised settlement of potential or actual disputed Claims and is made by the Parties solely for the purpose of avoiding expense and inconvenience of future ligation; and further, that this Agreement and the furnishing of consideration for this Agreement shall not constitute an admission of liability or wrong doing by other Party, any and all of which liability or wrong doing is expressly denied by each Party. 7. Waiver of Future Claims. This Agreement is a full, final, and general Release which specifically includes all Released Matters as set forth herein. ("MATICH"), ("AGENCY"), and ("CITY"), for themselves and their respective "Related Parties", expressly waive any right or claim of any right to assert hereafter that any released matter has, through ignorance, oversight or error have been omitted from the terms of this Agreement and expressly waive any right or claim, or right they may have under the provisions of Civil Code §1592, or similar provision of Federal or any State, Statute, or of Common Law. The Parties understand that California Civil Code §1592, provides: "A general release does not extend to the claims which the creditor does not know or suspect to exist in his favor, at the time of executing the release, which if known by him, must have materially affected his settlement with the debtor". 8. Understanding of the Agreement. Each Party affirms and acknowledges that is has both read this Agreement and had an opportunity to have this Agreement fully explained by Counsel of choice, and fully understands and appreciates the words and terms used in this Agreement and their legal effect. Each Party further affirms and acknowledges that this Agreement is in full and final compromise, release and settlement to the Released Matters and that each Party signs this Agreement of its own free will. Each Party, and/or the respective Attorneys of each Party has carefully and fully reviewed and revised, or have had the opportunity to revise this Agreement. Accordingly, the Parties agree that the normal rule of construction that any ambiguities are to be resolved against the drafting Party shall not be utilized in the interpretation of this Agreement. 4 9. Effect of Caption. The titles to the various provisions of this Agreement are used for convenience or reference only and are not intended to and shall not in any way enlarge or diminish the rights and obligations of the Parties hereto or effect the meaning or construction of this Agreement. 10. Different or Subsequently Discovered Facts. Each Party to this Agreement, acknowledges and agrees that this Agreement is a complete compromise of matters involving disputed issues or potential disputed issues of law and fact, and fully assumes the risks of the investigation it has conducted if any, pertaining to the Released Matters, may be inadequate and that the facts with respect to which this Agreement is executed may hereafter be found to be different from the facts which such Party now believes to be true. Each Party assumes the risk of such possible differences of facts, and hereby agrees that this Agreement shall remain in effect notwithstanding such differences of fact. Each Party further recognizes that the other Party to this Agreement may have information or facts of which they are not aware, and agrees and acknowledges that in entering into this Agreement it is not relying on the representations of any other Party regarding the facts and circumstances relating to the Released Matters. 11. Attorney's Fees. Should any litigation be commenced between the Parties to this Agreement, whether it be an action for damages, or equitable or declaratory relief, which litigation concerns the interpretation of this Agreement or the performance of the Parties hereto, the prevailing Party in such litigation shall be entitled to, in addition to other relief as may be granted by the Court, an award of actual Attorney's Fees and Court costs. 12. Successors and Assignees. The Parties hereto expressly covenant that this Agreement shall insure to the benefit of and be binding upon their respective heirs, administrators, representatives, successors, trustees, and assigns. 13. Governing Law. This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced, and governed under the laws of said State. 5 14. Partial Invalidity. Should any part, term, provision or portion of this Agreement be decided by a Court of competent jurisdiction to be illegal or in conflict with any laws of any state, or of the United States, and on account thereof, or for any other reason, be rendered unenforceable or ineffectual, the validity of the remaining parts, terms, portions, or provisions shall be enforceable and shall not be affected thereby. 15. Entire Agreement. This Agreement sets forth the entire Agreement between the Parties hereto and supersedes any and all prior agreements and understandings between the Parties pertaining to any subject matter contained in this Agreement. The Parties agree and acknowledge that there are no contemporaneous oral Agreements between the Parties relating to the subject matter of this Agreement. This Agreement may be Amended, or any right or condition hereunder Waived, only by instrument signed by the Parties against whom such an Amendment or Waiver is sought to be enforced. 16. Counterpart Signatures. This Agreement may be executed in any number of counterparts, with the same effect as if all Parties have signed the same documents, and each such executed counterpart shall be deemed to be an Original Instrument. All such executed counterparts together shall constitute one and the same Instrument. True and Correct copies may be used in lieu of the Original. 17. Notices. Any and all Written communications required or permitted by this Agreement, or by law, to be served upon or given to any Party hereto by another Party shall be in writing and shall be personally served or given by mail at the addresses indicated below: MATICH CORPORATION P.O. BOX 50,000 San Bernardino, CA. 92412 SAN JACINTO CITY Office of City Clerk 201 E. Main Street San Jacinto, CA 92383 SAN JACINTO COMMUNITY FACILITIES, District #2 201 E. Main Street San Jacinto, CA 92383 6 18. Effective date of Agreement. The Parties hereto deem this Agreement to be effective as of the latest date, month and year on which a Party executes this Agreement. ("EFFECTIVE DATE"). DATED: , 1992 CITY OF SAN JACINTO BY: TITLF: DATED: , 1992 SAN JACINTO COMMUNITY FACILITIES, District No. 2. DATED: BY: TITLE: -30 , 1992 MATICH CORPORATION BY: TITLE: 7 COX, COX & CAMPER A Professional Corporation Attorneys at Law 805 East Florida Avenue Hemet, California 92543 (714) 652-1400 FAX #: (714) 652-3990 FAX TRANSMITTAL DATE: Oct 6, 1992 FAX NO: 824-2360 TO: Gail, Matich Corp FROM: Jim Cox, City of San Jacinto SUBJECT MATTER: Release Agreement Modification requested by City in the event that n later third party suit be brought. TRANSMITTING 2 PAGES, INCLUDING COVER SHEET ORIGINAL TO FOLLOW IN MAIL YES NO NOTE: THE INFORMATION CONTAINED IN THIS FAX MESSAGE MAY CONTAIN ATTORNEY -CLIENT PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE (714) 652-1400 AND ASK FOR PAT. AMENDMENT TO SETTLEMENT AGREEMENT AND RELEASE AND COVENANT NOT TO SUE Dated Sept. 30, 1992, Council Agenda of Oct 6, 1992. Between City of San Jacinto and Matich Corporation. There shall be added one sentence to the end of paragraph 3.(b) (entitled "Related Matters.") which sentence shall read as follows: Dated: Dated: "Nothing herein shall be construed to provide any release for the negligence or fault in construction by Matich, or of any right by City to claim contri- bution or indemnity as the result of any act or omission of Matich." City of San Jacinto Matich Corporation By COX, COX & CAMPER A Professional Corporation Attorneys at Law 805 East Florida Avenue Hemet, California 92543 (714) 652-1400 FAX #: (714) 652-3990 DATE: October 6, 1992 TO: Grace Alvarez, FROM: Jim Cox FAX TRANSMITTAL Laurie Mora FAX NO: 654-9896 654-3728 SUBJECT MATTER: Matich Release Agreement, Agenda 5 13 Enclosed is a copy of the emendment I want added to the release agreement prepared by Matich. Thanks. TRANSMITTING 2 PAGES, INCLUDING COVER SHEET ORIGINAL TO FOLLOW IN MAIL YES NO NOTE: THE INFORMATION CONTAINED IN THIS FAX MESSAGE MAY CONTAIN ATTORNEY -CLIENT PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE (714) 652-1400 AND ASK FOR PAT. AMENDMENT TO SETTLEMENT AGREEMENT AND RELEASE AND COVENANT NOT TO SUE Dated Sept. 30, 1992, Council Agenda of Oct 6, 1992. Between City of San Jacinto and Matich Corporation. There shall be added one sentence to the end of paragraph 3.(b) (entitled "Related Matters.") which sentence shall read as follows: Dated: Dated: "Nothing herein shall be construed to provide any release for the negligence or fault in construction by Matich, or of any right by City to claim contri- bution or indemnity as the result of any act or omission of Matich." City of San Jacinto Ry Matich Corporation By STAFF REPORT TO: Honorable Mayor and City Council Members FROM: Brian McNabb, Director of Community Development 1` via Pamela S. Easter, City Manager DATE: October 6, 1992 SUBJECT: Award of Landscape Bid, Community Facilities District #2, Phase II NEIGHBORHOOD California, Rose Ranch, and Spice Ranch RECOMMENDATION Award Landscape Bid to Tracy and Ryder Landscape in the amount of S1,107,860.00 for CFD #2, Phase II and other improvements. BACKGROUND The City recently solicited bids for the landscape improvements for Phase II of Rancho San Jacinto, the median on the Ramona Expressway (between Main and Seventh Streets), and the Esplanade Avenue median. The projects were incorporated into one bid to take advantage of quantity discounts. Six complete bids were received, with Tracy and Ryder Landscape being the low bidder. The spread of all bids is attached fo.r your information. The construction improvements within CFD #2 include landscaping and irrigation of the flood control channels within Phase II, retrofit the channel/bikeway crossings in Phase I and modifications to Rancho Park including the easterly tot lot in order to comply with the federal requirements of the Americans with Disabilities Act. These improvements will be funded out of the CFD #2 budget. The improvements not a part of CFD #2 are to construct the two medians listed above. The Tracy bid attributed $174,000 of the total for the median improvements. Fund 32-7250- 5300, Parkway Development, has $200,000 budgeted to pay for these projects. BKM:Ir CCRPT-92\9.2-10-06.MTG \cfd-2 Attachments: 1. Bid Summary Item No. PNantitY Descr lotion NOS\LORRY Unit Price BID SUMMARY Rancho San Jacinto Development C.F.D. No. 2 INTUITION & LAIDSCAPING CDNSTRUCTI011 (TR.23963-R14SE II I F i lene.e:RSi IRR.IA1 9/22792 TRACY 8 RIDER LNDSCAPE ARTISTIC LAIDSCAPE '/ALLEY CREST LANSCP. BOPNO( ENTERPRISES 2AVAID CONTRACTORS MARINA CONTRACTORS Total Unit Total Unit Total Unit Total Unit Tota1 Unit Total Unit Total Aaaunt Price Amount - Price Amount Price Amount Price Ahoont Price Am0umt. Price cant 1 LS M061LIzATICN, ETC. 1 L5 TRAFFIC CONTRO. FOR CONSTRUCTION 1 L5 EROSION PROTECTION 4 1 LS LNDSCA"ING IIGROJEIENTS S 1 LS IRRIGATION 119ROVEIENTS 6 1 LS DETENTION BASIN NENIT1ES 7 1 L5 CRAWL 4 PAIN LIGHTING MCNTIUY LNDSCPPIN6 MAINTENANCE 108 SF RV. L DISPOSE OF CONC. CHORE 10 1 EA CONC. BIKE PATIUCHAWL DRARkfiE crams WITH GRATES 11 30,400 SF 8' WIDE CONCRETE BIKE PATH 12 5,140 SF CORECESTONf 6 ANITE BOLDER FOR SLOPE PROTECTI011 13 200 LF 4' WIDE CONC. CRAWL 14 50 LF DECORATIVE FETAL FENCE 15 94 CY CLASS II A.B. MATERIAL 16 910 LF CONC. RETAINING WALL 17 1 LS iWDICAP RETROFIT II4ROV. 1E TOT LOT 18 3 EA RETROFIT 90 5M11€L CAO5514G 19 23 EA RETROFIT 45 CWIIEL CROSSING 20 1 LS 4' WRITE PAINTED STRIPING 21 305 LF GALVANIiED IWIfRA1L 22 1000 CT M. Le1CLASS. EKCAV, NATL. 23 t LS LNDSCA4IN6 a IRRI6. IMP. PER RAW E TY LANDSCAPE. PLANS 24 1 LS LANOSCARIN6 8 IRRIG. DP. PER ESPLNWOE AVE. LANDSCAPE. PLANS 510,0 110,000 120,000 120,000 518,0O0 118,030 549,0O0 119,000 $50,000 $50,000 $10,300 $10,300 $145,000 1145,O30 $2,000 $2,000 '52,240.0 $2,240.00 $6,000 $6,000 $2,600 $2,600 $12,000 $12,000 $8,240 $8,240 $12,000 $12,000 11,500 11,500 11,120.0 51,120.00 $5,500.0 15,500.00 5102,000 5102,000 $15.000 $15,000 158,468 158,46E $3,000 $3,000 $274,427 3274,427 $162,286 5182,266.00 $301,587 1301,587 $199,000 5199,000 $191,000 1191,000 1190,226 1190,226 5204,000 $204,003 5482,052 1482,052 $281,000 S281,000 $273,220 8273,220 $269,000 $269,000 8297,645 $297,645 $335,846 $335,846 $359,000 $358,030 $79,646 $79,646 5108,000 $108,063 $97,460 $97,460 $93,500 $93,500 S49,725 $49,725 $137,556 $137,556 $120,000 $120,000 $75,000 $75,000 1135,000 $135,000 $123,000 $123,000 $106,300 $106,300 5135,300 5135,200 8121 210 $121,210 '1129,000 $129,000 54,321 $10,000 10 $11,800 50 54,100 10 58,711 30 15,227 10 $12,000 S0 $0.50 $54 S6.00 649.00 12 1216 15.25 1567 14.50 1486.00 $5.42 5585 $29 63,132 $5,000 15,000 51,300 51,300 53,500 53,500 52,80 52,800 $2,928 52,928 115,075 $16,075 53,600 13,600. 13.75 S114,000.00 $1.40 142,560 11.90 157,760 12.15 $65,360 51.36 141,34 $2.13 164,152 52.70 182,090 38 $45,920 S6.00 $34,440 $4.75 527,265 54,40 $25,256 15.25 $30,135 S2.72 $15,613 $13.35 $76,629 510 $2,000 $18.00 $3,600 122 $4,400 $19.50 $3,900 125 $5,000 $114.61 $22,422 670 $15 $750 $21.00 11,050 546 42,300 522 $1,100 $51.92 12,5% $69.32 13,466 $47 $2, 115 51,410 $22.00 52,068 1120 $11,290 525 $2,350 $25 52,350 144.49 $4,182 556 55,2 158 $52,780 $25.00 $22,750 $38 134,583 $33 130,030 626.55 S24,160.5 $40.87 137,192 S38 $34,590 $38,930 138,830 : $45,000 145,000 157,100 157,100 $34,303 534,300 $117,063 $117,063 ; $23,972 123,972 $8,100 $8,100 i $1,000 53,000 $1,303 $3,900 $2,900 18,700 14,250 $12,750 12,460 17,380 ; $7,757 $23,271 $3,600 110,800 ; $1,000 123,000 $1,300 $29,900 $2,900 $66,700 $4,250 197,750 12,460 556,580 ; 15,018 1115,414 $3,600 $82,800 $1,500 11,500 51,848 $1,848 $2,000 $2,000 5740 1740 11,903 11,903 I $3,373 $3,373 32,000 32,000 120 56,100 S30 $9,150 $32 19,760 522 $6,710 538.56 111,882.8 $39.40 112,017 141 112,505 $2.50 32,500 16 56,000 111 511,000 18.15 58,750 59 69,000: $14.56 $14,560 $21 $21,000 $47,484 $47,184 $60,000 160,600 151,065 551,065 581,000 $81,000 $100,024 1100,024 $80,000 190,003 159,000 $59,000 5105,128 $105,128 $114,000 1114,000 3118,669 $118,689 1126,000 $126,000 $165,000 $165,000 575,000 $75,000 518,500 $18,500.' TOTAL 51,374,581 51,107,860 $1,291,482 31,320,763 I $1328502.3 ; $ 1374240 STAFF REPORT I TO: Honorable Mayor and Members of the Council via Pamela Easter, City Manager FROM: Richard Vryheid, Maintenance Superintendent DATE: OCTCBER 6, 1992 SUBJECT: Purchase of Disc Brush Chipper RECOMMENDATION: Approve the purchase of the amount of $14,783.30 Brush chipper from Direct Edge in FISCAL ANALYSIS: The purchase of a new chipper will increase preductiviiy during tree trimming. It will also decrease the fees G.K. Associates pay to the County for dump fees. There is a $7 a ton charge for chipped material, whereas, unchipped material(limbs and other plant material) is charged a $20 a ton fee due to it being clas- sified as bulky and hard to handle. Background: Approximately a year ago, our 1963 Asplundh brush chipper was declared salvage and auctioned off. In these austere economic times the need to work as productive as possible is a necessity. Without a chipper to reduce tree trimmings to chips, the trips we must make to the yard have increased because of the bulk of the tree limbs. We have budgeted $11,000 for fiscal year 1992-93 to purchase a new brush chipper, and have received the following 3 bids for a new chipper: 1 Direct Edge, Inc. 9° brush chipper $13,720 + 1063.30 tax = S14,783.30 2 Bandit Industries, Inc. 9" brush chipper $13,990 + 1084.23 tax = 815,074.23 3. Cal -Line Equipment Co. 9° brush chipper 814,995 + 1162.11 tax = S16,157.11 All three chippers are water-cooled diesel powered disc chippers. The only non-standard items I asked for was a engine cover and an hour meter for maintenance purposes. The Direct Edge chipper is the lowest bid and is equal to the other machines. I would re- quest and recommend we purchase the chipper from Direct Edge from Account 25-8260-5400 ($11,000) & Account21-8210-5400($3,783.30). The reasons we have requested a chipper that exceeds the amount budgeted are: The next size smaller chipper (6") available would be approxi- mately $9500 but is too small to handle much of the material we cut and would require us to spend more time pruning back the cut branches so they would feed into the chipper properly. The model we are proposing to purchase has a larger diesel engine (lower maintenance) and can handle branches up to 9' in diameter without any special preparation. Although disc chippers are a little slower when chipping than the drum type chippers, the added safety more than makes up for the small difference in speed. TO: FROM: DATE: SUBJECT: STAFF REPORT Honorable Mayor and City Council Members Brian McNabb, Director of Community Development via Pamela S. Easter, City Manager October 6, 1992 Annexation #3 to Community Facilities District#3 5.147 NEIGHBORHOOD City Wide RECOMMENDATION 1. Adopt Resolution adopting Annexation Boundary Map for Annexation 3 to Community Facilities District #3. Adopt Resolution of Intention to annex territory to Community Facilities District #3 and setting the public hearing for November 17, 1992. BACKGROUND Community Facilities District #3, the City's public safety C'FD, was originally formed in February 1989. Subsequently, two annexations have taken place. Due to the existence of this district, the City was able to budget a police force expansion in FY 92-93. Each development is conditioned to join the public safety CFD. Annexation 3 includes the following tracts: AREA 1 AREA 2 AREA 3 AREA 4 AREA 5 AREA 6 22900-2 PREMIER HOMES MERIDIAN/WASHINGTON 22665 & -1 PALOMAR SAVINGS PALM/SEVENTH 25780 PALOMAR PACIFICA W.VILLAGE/BLUE RIDGE 23198 GOMES S.J./IDYLLWILD 24907 & -1 PREMIER HOMES RAMONA EXP/RIVER 27335 BECK SEVENTH/W OF KIRBY City Council Staff Report October 6, 1992 Page 2 The initial Resolution approves the annexation map for the annexation. The second Resolution declares the intention to annex territory and sets the public hearing for November 17, 1992. BRIAN MC NABB Director of Community Development BKM:Ir CCRPT-92\92-10-06.MTG\cfd-3.arix Attachments: Resolution Boundary Map U 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ADOPTING BOUNDARY MAP SHOWING TERRITORY TO BE ANNEXED TO AN EXISTING COMMUNITY FACILITIES DISTRICT THIS RESOLUTION IS ADOPTED WITH REFERENCE TO THE FOLLOWING FACTS: WHEREAS, the CITY COUNCIL of the CITY OF SAN JACINTO, CALIFORNIA, (hereinafter referred to as the legislative body of the local Agency"), desires to annex territory to an existing Community Facilities District pursuant to the terms and provi- sions of the "Mello -Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 3 (hereinafter referred to as the "District"); and, WHEREAS, there has been submitted a map showing the territory proposed to be annexed to the existing Community Facilities ❑istrict, said area to be designated as COMMUNITY FACILITIES DISTRICT NO. 3, ANNEXATION NO. 3 (hereinafter referred to as the "annexed territory"). NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Jacinto, in regular session, this 6th day of October, 1992, as follows: That the above recitals are all true and correct. 2. That the map showing the property, parcels and territory proposed to be annexed to an existing Community Facilities District and to be subject to a special tax to be levied is hereby approved and adopted. Said map is designated by the name of the existing District and the number of the proposed annexation. 3. A certificate shall be endorsed on the original and on at least one (1) copy of the map of the District, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the time and place of the hearing on the intention to annex or extent of the annexation to said District, a copy of said map shall be filed with the correct and proper endorsements thereon with the county Recorder, all in the manner and form provided for in Section 3111 of the Streets and Highways Code of the State of California. 4. The City Clerk shall certify to the adoption of this Resolution. MOVED, PASSED AND ADOPTED AT A REGULAR MEETING OF SAID CITY COUNCIL duly held the 6th day of October, 1992. ATTEST: Deputy City Clerk Mayor 1 4 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 CERTIFICATE The foregoing is certified to be a true copy of a Resolu* duly adopted by said City Council of the City of San Jacinto.: the date therein set forth. ATTEST: Deputy City Clerk 3 4 5 5 7 8 10 11 12 13 14 15 16 17 118 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT THIS RESOLUTION IS ADOPTED WITH REFERENCE TO THE FOLLOWING FACTS: WHEREAS, the CITY COUNCIL of the CITY OF SAN JACINTO, CALIFORNIA, (hereinafter referred to as the "legislative body of the local Agency"), at this time is desirous to annex territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello -Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 3 (hereinafter referred to as the "District"); and, WHEREAS, the area proposed to be annexed shall be known and designated as COMMUNITY FACILITIES DISTRICT NO. 3, ANNEXATION NO. 3 (hereinafter referred to as the "annexed territory"). WHEREAS, this legislative body is now desirous to proceed to adopt its Resolution of Intention to annex territory to the existing District, to describe the territory included within the existing District and the territory proposed for annexation, to specify the facilities to be provided, to Get and specify the special taxes that would be levied within the territory proposed to be annexed, and to set a time and place for a public hearing relating to the annexation of territory to said District; and, WHEREAS, a map showing the territory to be annexed has been submitted, which said map is hereby approved and a copy of said map shall be kept on file with the transcript of these proceedings. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Jacinto, in regular session, this 6th day of October, 1992, as follows: RECITALS That the above recitals are all true and correct. LEGAL AUTHORITY That these proceedings for annexation are initiated by this legislative body pursuant to the authorization of Section 53339.2 of the Government Code of the State of California. INTENTION TO ANNEX That this legislative body hereby determines that the public convenience and necessity requires that certain territory be added to the existing District and this legis- lative body declares its intention to annex said territory to the existing Community Facilities District, and a description of the boundaries and territory proposed to be annexed is as follows: All that property and territory proposed to be annexed to the existing Community Facilities District, ae said 1 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 property is shown on a map as previously approved by this Legislative body, said map designated by the number of the annexation and the name of the existing Community Facii'- ties District, a copy of which is on file in the Office# the City Clerk and shall remain open for pub- inspection. A general description of the territory included in the existing District is hereinafter described as follows: A11 that property and territory as previously included within the original Community Facilities District, as said property was shown on a map as approved by this legisla- tive body designated by the name of the original existing Community Facilities District, a copy of which is on file in the Office of the City Clerk, as well as a copy being on file in the Office of the County Recorder. NAME 4. The name of the proposed annexation shall be known and designated as COMMUNITY FACILITIES DISTRICT NO. 3, ANNEXATION NO. 3. SERVICES 5. That the types of public services provided in the existing District are generally described as set forth below, and no additional services are to be provided in the annexed territory and the existing services for the existing District will serve the properties within the annexed territory. A general description of the services autho- rized in the existing District is set forth as follows: Additional police and fire services necessary and requi; td to meet increased demands within the boundaries of the District. SPECIAL TAX 6. It is the intention of this legislative body that, except where funds are otherwise available. a special tax suffi- cient to pay for said services to be provided in the annexed territory, secured by recordation of a continuing lien against all non-exempt real property in the annexed territory, will be levied annually within the boundaries of the annexed territory. For particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit "A", which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the annexed territory to clearly estimate the maximum amount that said person will have to pay on said special tax. The proposed special taxes shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; however, as applicable, this legislative body may establish and adopt an alternate or supplemental procedure as necessary. 2 u 8 11 12 13 15 16 17 18 19 20 23 24 25 26 27 28 29 30 31 32 EXEMPT PROPERTY This legislative body hereby determines that parcels owned by regulated public utilities and in use in the providing of telephone service, water, electricity, gas or other means of heat, illumination, power or any other public service, shall be exempt from the special tax. PUBLIC HEARING 8 NOTICE IS GIVEN THAT ON THE 17TH DAY OF NOVEMSER, 1992, AT THE HOUR OF 7:30 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE 'COUNCIL CHAMBERS, CITY HALL, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGIS- LATIVE BODY WILL CONSIDER THE ANNEXATION OF CERTAIN TERRITORY TO THE EXISTING COMMUNITY FACILITIES DISTRICT, THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN SAID PROPOSED ANNEXED TERRITORY, AND ALL OTHER MATTERS AS SET FORTH :N THIS RESOLUTION OF INTENTION. ANY INTERESTED PERSONS MAY APPEAR AND BE HEARD, AND WRITTEN PROTESTS SHALL BE FILED ON OR BEFORE THE TIME FIXED FOR THE PUBLIC HEARING. ELECTION Upon the conclusion of the public hearing, if the legisla- tive body determines to proceed with the annexation, a proposition shall be submitted to the qualified electors of the proposed annexed area. The vote shall be by regis- tered voters within the proposed annexed area; however, if there are less than 12 registered voters, the vote shall be by landowners, with each landowner having one vote per acre or portion thereof within the annexed territory. NOTICE 10. That notice of the time and place of the public hearing shall be given by the City Clerk in the following manner: 11. A. A Notice of Public Hearing shall be published in the legally designated newspaper of general circulation, being the HEMET NEWS, said publication pursuant to Section 6061 of the Government Code, with said publica- tion to be completed at least seven (7) days prior to the date set for the public hearing. 3 A. Notice of Public Hearing shall be mailed, postage prepaid, to each property owner within the boundaries of the area proposed for annexation; said mailing to the property owners shall he to the address as shown on the last equalized assessment roll. Said mailing shall be completed at least fifteen (15 days prior to the date set for the public hearing. ENVIRONMENTAL EVALUATION A11 environmental evaluation proceedings relating to the annexation of territory to the existing District shall be completed prior to the date and time set for the public hearing. CERTIFICATION The City Clerk shall certify to the adoption of this Resolution. 6 7 8 9 10 11 12 13 14 15 16 17 16 19 21 "1K.,.1 C.. 24 25 26 27 28 29 30 MOVED, PASSED AND ADOPTED AT A REGULAR MEETING OF SAID CITY COUNCIL duly held the 6th day of October, 1992. ATTEST: Deputy City Clerk Mayor CERTIFICATE The foregoing is certified to be a true copy of a Resolution duly adopted by said City Council of the City of San Jacinto on the date therein set forth. ATTEST: Deputy City Clerk 4 5 6 7 8 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 3 ANNEXATION NO. 2 EXHIBIT "A" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX The Resolution of Intention refers to this Exhibit for an explanation of the rate and apportionment of the special tax so as to allow each landowner or resident within the proposed district to estimate the maximum annuai amount that would be required for payment. For particulars as to the rate and method of apportionment, see the following: PROPERTY CATEGORIES AND MAXIMUM ANNUAL TAX Taxable property categories and initial maximum annual taxes are as follows: MAXIMUM ANNUAL TAX PROPERTY CATEGORY (FISCAL YEAR 1989-90) I. RESIDENTIAL UNIT 596.40 per dwelling unit II. COMMERCIAL AND INDUSTRIAL 50.05 per square foot per year for developed area RESIDENTIAL, COMMERCIAL AND INDUSTRIAL taxes shall be levied on all property upon the issuance of a building permit in the fiscal year next following the issuance of the building permit. ESCALATION OF TAX The above authorized taxes for are for fiscal year 1989-90, and are subject to annual increaeee to reflect increases in the Consumer Price Index. TERM The Final Land Use Residential Tax shall be levied as long as necessary to pay for additional services. DEFINITIONS The "Consumer Price Index" shall be the Los .Angeles/Riverside Area - All Urban Consumer Price Index, published by the United States Bureau of Labor Statistics, as said data IS available June 30th of each fiscal year. "Developed Area" shall be that portion of the land to be -developed as meaeured from outside walls, excluding garage, covered ways and overhangs, patios and additions. "Dwelling Unit" shall mean any building and any mobilehome which is not immediately transportable or any portion thereof which contains living facilities, including provisions for Bleeping, eating, cooking and sanitation. "Fiscal Year" shall be July 1 through June 30 of any year. For all particulars relating to implementation, further interpre- tation, definitions, and all other particulars related to the method and apportionment of the tax, reference is made to the "Report" as previously approved by this legislative body. 4 T % svrt _L SHEETS ANNEXATION NO. 3 TO CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 3 AS FILED IN BOOK NO. 26 PAGE 21 AS DOCUMENT NO. 7072 COUNTY OF RIVERSIDE, STATE OF CALIFORNIA 3 sHAvrw RECORDER'S CERTIFICATE: FLED THIS_DAY CF— — 1982 AT_ M IN BOCK PAGES OF ASSESSMENT AND COMMUNITY FACILITES DISTRICT MAPS. MUJAIK E. CONERLY COUNTY RECORDER BY: DEPUTY EA NO. 5 VICINITY MAP NOT TO SCALE FEED IN ThE OFFICE or THE an, CLERK OF itit CITY OF SAN JACINTO. THIS_DAY OF—TOR2 CITY CtERK OF THE CITY OF SAN JACINTO AvE AREA NO. FILED IN THE OFFICE OF THE PUBLIC WORKS DIRECTOR 9 PUBLIC WORKS DIRECTOR, cflYOF SAN JACIWTO. APPROVED IDD I HERESY CERTIFY THAT The WITHIN MAP SHOWING THE DATE BOUNDARIES OF ANNEXATION NCL.3_ TO COMMUNITY ACING CITY ENGINEER -CITY OF SAN JACINTO FACILITES DISTRICT NO 3 CITY OF SAN JAPNIO, COUNTY R CE NO , „ E. OF RINERSPE.STATE OF CAUFORNIA.WAS APPROVED BY THE CITY COLINCL OF THE PlY OF SAN JACINTO AT A REGULAR MEETING THEREOF HpD ON THE_DAY OF 1952. BY ITS RESOLUTION NO. CITY CLERK OF THE av OF SAN JACINTO ANNEXATION NO. 3 TO CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 3 AS FILED IN BOOK NO. 26 PAGE 21 AS DOCUMENT NO. 7072 COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AREA NO. 1 WASHINGTON' AVENUE N 89.32.5t4 E 779.93' w SHEET _L_ 012_ SHEETS SCALE 1 -=1 00" SHEET _3_ OS_Z_ SH Lei dz ANNEXATION NO. 3 TO CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 3 AS FILED IN BOOK NO. 26 PAGE 21 AS DOCUMENT NO. 7072 COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AREA NO. 2 SEVENTH STREET t 1 Alr3929. 1162.16' SCALE 1-=100' 4. TRACT NO. 22665 02 N as'36 W 63112 g TRACT NO. 22665-1 TRACT NO. 22665 N 0033212.E 76.7E N 66162Y 662_13' a 8 a La z 4. SHEETS ANNEXATION NO. 3 TO CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 3 AS FILED IN BOOK NO. 26 PAGE 21 AS DOCUMENT NO. 7072 COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AREA NO. 3 Pi 59'4T E 243.12" § 5 to ate done E " QUANDT RANCH ROAD7d- BLUE RDCE LANE LOTS 8-12,94,95, 98-101, AND POR. OF LOTS 13,93,96,97, 2'7 , AND • r OF TRACT NO.8319 N.B. 104/97-101 14 69°41. 14 itt'41'44C 16'14' W SCALE 1"..100' SHEET _1_cLSIIEETS ANNEXATION NO. 3 TO CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 3 AS FILED IN BOOK NO. 26 PAGE 21 AS DOCUMENT NO. 7072 COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AREA NO. 4 SCALE 11OO PORTION OF FARM LOT 102 OF THE SAN JACINTO LAND ASSOCIATION M.B . 8/357 \ Id zI2 SHEET L Of_1... SHEE15 ANNEXATION NO. 3 TO CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 3 AS FILED IN BOOK NO. 26 PAGE 21 AS DOCUMENT NO. 7072 COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AREA NO. 5 z z z 0 PI 45' 0724" E 950 50' TRACT NO. 24907—f MERIDIAN CHANNEL TRACT NO. 24907 RI VER ee.m STREET >LsJ — z z 0 SCALE 1"=200° StEET JOF-1._ SHIM ANNEXATION NO. 3 TO CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 3 AS FILED IN BOOK NO. 26 PAGE 21 AS DOCUMENT NO. 7072 COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AREA NO. 6 N 8914'0' lt 33100' SOUTH ONE-HALF OF THE S.E. ONE -QUARTER OF FARM LOT 151 M.B. 8/357 S.D. COUNTY RECORDS N 6914'ar SEVENTH STREET SCALE 1* 40' STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Les Evans, Interim Director of Public Works DATE: October 6, 1992 SUBJECT: PUBLIC HEARING - RESOLUTION NO. RECOMMENDING A SEWER RATE ADJUSTMENT Recommendation: Adopt Resolution No. Adjusting Sewer Rates Fiscal Analysis: The proposed increase will generate approximately $100,000 in additional sewer maintenance fee revenue. Background and Analysis: The City Council last adjusted sewer rental fees (maintenance fees) in July, 1988. Recently, the City completed a Sewer Master Plan prepared by Kennedy/Jenks Consultants which analyzed the existing sewage collection system. The analyses pointed out very few needed capital improvements, but did identify severe operating revenue deficiencies. The present cost of maintenance and operation of the City's sewage collection system is about $225,000 annually. The present monthly sewer fee of $2.00 per connection yields only about $95,000. The Sewer Master Plan makes the following observations regarding the City's Rental Fee rate structure: The City collects fees for wastewater service from residents within the City limits. These fees pay for collection by the City, and treatment and disposal/reclamation by EMWD. The City's present sewer rate structure consists of a fixed monthly service charge of $2.00 per month per connection for collection of wastewater in each of the City's user classes (i.e. residential, commercial, and industrial). This rate is utilized to fund operation and maintenance of the City's collection system. October 6, 1992 Staff Report/Sewer Rate Increase Page Two On the other hand, treatment and disposal/reclamation services are provided by EMWD to both the City of San Jacinto as well as the City of Hemet and the Lake Hemet Water District. Each agency which discharges wastewater into EMWD's system collects a fee of $9 per month for residential use and a fee based on an equivalent dwelling unit (EDU) for commercial and industrial use. (The EDU is calculated by dividing the total wastewater flow from a commercial/industrial facility by 1,100 cf/month, which is the average monthly residential sewage contribution). The agencies then transfer the fees collected to EMWD. Improvements in EMWD collection, treatment and disposal/reclamation systems implemented by EMWD are usually financed by revenue bonds and repaid with ad Valorem tax revenues received from Improvement District 17. The City's present sewer rate structure tends to favor the large commercial/industrial users and other users with significant seasonal variations, as it does not equitably recover the fixed costs associated with peak discharges, or discharge capacity requirements. As such, this rate structure does not equitably recover the costs associated with the unique characteristics of each of the City's user classes. Most agencies providing sewage collection service base their charges on an estimate of each customers discharge to the sewer. The rate structure normally uses a single family home as the basis of the rate structure. The average monthly fee for all classes of users then becomes a percentage of an equivalent dwelling unit (EDU) or single family home. For instance, an apartment unit may only discharge 85% of what an average single family home discharges to the sewer system and is, therefore, only charged 85 percent of an EDU. A large restaurant may discharge ten times the amount of sewage that an average single family home discharges and is, therefore, charged for 10 EDU's each month. Based on the equity system described in the preceding paragraph, a new rate structure has been developed. The basic fee of $2.00 per EDU has been increased by 75% for single family homes, while apartments will pay 85% of an EDU or $3.00 per month and non- residential users will pay based on their actual discharge in comparison to a single family home. The table below shows the recommended rates and compares them with present rates. October 6, 1992 Staff Report/Sewer Rate Increase Page Two Present Rate Recommended Rate Single Family $2.00 per unit $3.50 per unit Home per month per month Multi Family $2.00 per unit $3.00 per unit Units per month per month Commercial/ Industrial $2.00 per conn. $3.50 per 1100 cubic feet per month of water usage The proposed new rate should generate approximately $200,000 and bring our sewer enterprise back to a break-even basis. The proposed new rate structure would take effect in November and be billed in early December. CHAPTER 11.5 Hearings [Division 6, Municipal Utility District Act --Chapter 11.5, Hearings; Chapter added Stats 1955 ch 1207 § 1.1 § 14401. Report and recommendation on rates and charges; Public hearing; Notice § 14402. Actions to determine validity of district rates or charges; Limitations § 14403. Report and recommendation on proposed changes in electricity district rates and charges § 14403.3. Contents of report § 14403.5. Conduct of hearing § 14401. Report and recommendation on rates and charges; Public hearing; Notice Before any rates and charges for commodities or service furnished by a district are fixed or changes the general manager shall file with the board a report and recommendation thereon in writing. Within 40 days thereafter the board shall hold a public hearing on the report and recommendation. Prior to the hearing, notice of the time and place of hearing shall be published within the district pursuant to Section 6066 of the Government Code. Added Stats 1955 ch 1207 § 1. Amended Stats 1957 ch 357 § 135; Stats 1974 ch 294 § 1. Amendments: 1957 Amendment (1) Added "Prior to the hearing" in the third sentence; (2) deleted "once a week for at least two successive weeks before the hearing in at least one newspaper of general circulation published" after "published" in the third sentence; and (3) added "pursuant to Section 6066 of the Government Code" at the end of the section. 1974 Amendment Substituted "40" for "30". Cross References: Fixing of rates and charges: Pub Util C § 12809. Collateral References: Cal Jur 3d Public Utilities § 128. § 14402. Actions to determine validity of district rates or charges; Limitations A district or any interested person may bring an action pursuant to 312 Chapter 9 (co Code of Civil charges. Notwith stand. proceeding to resolution, or commodities within 120 da motion. Added Stats 1982 § 14403. Repo ity district rat Before the boa ities or service. or decrease re report and re Within 90 da' except when change in the immediate resi recommendati( published with ment Code, t requiring an i Section 6063a Added Stats 1986 c § 14403.3. Con The report ar electricity distr the following: (a) The most 11938. (b) A statemer two years and (c) A statemer two years and two years follo (d) A statemel two years follo (e) In suffrcie. DISTRICT POWERS AND FUNCTIONS § 12809 superior court of the county whose action is involved or in which is situated the city whose action is involved, seeking a review of such action of the governing board of the district to determine whether it was supported by substantial evidence. The evidence before the court shall include, but not be limited to, the record of the proceedings before the city, county, and local agency. The city or county shall cause a copy of the complaint to be served on the board. If the court determines that such action was not supported by substantial evi- dence, it shall declare it to be of no force and effect, and the local agency's decision shall be applicable to the proposed facilities. (e) This section shall not apply to: (1) Any facilities proposed to be located within any local agency which has not adopted an ordinance setting forth criteria to govern its decision pursuant to subdivision (c) of this section. (2) Any electrical distribution lines of less than 100,000 volts. (f) As used in this section, the term "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and tech- nological factors. (g) As used in this section, "local agency" means a city, a city and county, or a county. Within cities this section shall not apply to counties. Added Stats 1977 ch 324 § 1. Note—Stats 1977 ch 324, also provides: SEC. 2. The increasing development of facilities for transmission of electrical energy alter and in some cases deface the geographical landscape, cutting across city and county lines. The Legislature declares that it is in the public interest and a matter of statewide concern that local agencies be given greater control over such activities and thus the provisions of this act are applicable to both general law and charter cities and counties. SEC. 3. The provisions of this act shall not apply to any facilities for which onsite construction has begun at the time this act becomes effective. Collateral References: Cal Jur 3d Zoning and Other Land Controls § 99. § 12809. Fixing of rates and charges by board; Rate policy The rates and charges for commodities or service furnished by a district shall be fixed by the board. As far as possible utilities shall be self-supporting but the board is not required to fix a rate which in its opinion is unreasonably high, nor to cover by rates large expenditures and the interest thereon required for future needs and developments. Enacted 1951. Historical Derivation: Stats 1921 ch 218 § 18 p 257, as amended by Stats 1929 ch 31 § 8 p 67, Stats 1931 ch 75 § 9 p 95, Stats 1941 ch 321 § 32 p 1503, amended to be § 858 by Stats 1947 ch 97 § 1 p 597. 143 § 6065 OFFICIAL ADVERTISING respective publication dates not counting such publication dates," in the second sentence and (2) substituted "at the end of the fifty-sixth day, including therein the first day" for "on the day following the last day of publication" at the end of the third sentence. Cross References: Publication of summons pursuant to this section: CCP § 751.06. Collateral References: Cal Practice Rev Ch 14:102 Issuance and Service of Process. Law Review Articles: Selected 1957 code legislation. 32 St BJ 597. § 6066. Publication once a week for two weeks Publication of notice pursuant to this section shall be once a week for two successive weeks. Two publications in a newspaper published once a week or oftener, with at least five days intervening between the respective publication dates not counting such publication dates, are sufficient. The period of notice commences upon the first day of publication and terminates at the end of the fourteenth day, including therein the first day. Added Stats 1951 ch 61 § 1; Amended Stats 1957 ch 1670 § 5; Stats 1959 ch 954 § 7. Amendments: 1957 Amendment Substituted (I) "in a newspaper published once a week or oftener" for "whether in a daily or weekly" in the second sentence; and (2) "on the day following the last day of publication" for "at the end of the second week thereafter" at the end of the section. 1959 Amendment: (I) Added ", with at least five days intervening between the respective publication dates, not counting such publication dates," in the second sentence; and (2) substituted "at the end of the fourteenth day, including therein the first day" for "on the day following the last day of publication" at the end of the third sentence. Cross References: Publication of notice inviting bids for lease of county property: § 25351.3. Publication of notice of district reorganization: § 56083. Publication of notice of hearing on formation of community services district: § 61105. Publication of notice of election for formation of community services district: § 61122. Publication of notice of hearing on issuance of bonds by community services district: § 61651. Resolution as election notice: § 61660. Notice of hearing on petition or resolution for establishment of zones: § 61773. Notice of hearing on proposed charges by sanitation and sewer systems: H & S C § 5473.1. Formation of improvement district: H & S C § 6550.3. Notice of special election in recreation and park district: Pub Res C § 5780.21. Notice of hearing on formation of zones in recreation and park district: Pub Res C § 5788.5. Collateral References: Witkin Summay (8th ed) p 1837. Cal Jur 3d Dedication § 26, Pollution and Conservation Laws § 181. 480 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA ADJUSTING SEWER RATES WHEREAS, the schedule of sewer rental fees currently established for dischargers of sewage through the sewage collection system of the City of San Jacinto is contained in Resolution No. 1767, but is not adequate to defray the costs of operating and maintaining said system; and WHEREAS, the City Council of the City of San Jacinto has given study to the proposed rental fee structure; and WHEREAS, the City Council of the City of San Jacinto has held a Public Hearing thereon as required by law, and selected a new rental fee structure. NOW, THEREFORE, the City Council of the City of San Jacinto does resolve as follows: Section 1. That Resolution No. 1767 is hereby repealed. Section 2. The City of San Jacinto shall charge and collect from each discharger to the sewage collection system amounts according to the following rates: SERVICE CHARGE. A monthly sewer rental charge as follows: Single family residence $3.50 per month Multiple family residential units Commercial/Industrial accounts $3.00 per month per unit $3.50 per month per 1100 cubic feet of water usage* $3.00 per month per unit Each hotel, motel or boarding house shall be charged a monthly fee according to the number of units existent in said hotel, motel or boarding house. *Credit shall be given for water used for irrigation purposes Section 3. The rates established in this resolution shall be effective upon the monthly billing period which commences in November, 1992. 170-0 c,h,44A-ck1-4, / C2.71 (a PASSED, APPROVED AND ADOPTED, at City Council on the by the following vote: AYES: NOES: ABSENT: ABSTAIN: a regular day of /2„, (°- RESOLtITION NO. PAGE 2 meeting of the , 1992 I Maurice Armster, City Clerk of the City of San Jacinto, California, do hereby certify that the foregoing Resolution No. is a full, true and correct copy of that now on file in this office. ALTERNATIVE 'A' RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA ADJUSTING WATER RATES WHEREAS, the schedule of water rates currently established for subscribers of water through the water system of the City of San Jacinto is contained in Resolution No. 1765 and Resolution No. 1766, but is not adequate to defray the costs of ownership, maintenance and improvement of said systemX -ernnrd- i' MQ-wt%c-ri. Sec,trt a n tk.. .n:" f nr; WHEREAS, the City of San Jacinto has caused to be prepared a Master Plan of the city's water service area, which identifies capital facilities deficiencies of approximately $6.0 million dollars and recommends that up to 40$ of water revenues be dedicated to the cost of construction of capital improvements; and WHEREAS, the present water rate structure provides only for the operation and maintenance of the water department and does not provide any funds for a capital improvement program; and WHEREAS, the City Council of the City of San Jacinto has given study to the proposed rate structure; and WHEREAS, the City Council of the City of San Jacinto has held a Public Hearing thereon as required by law, and selected a new rate structure, which will include funds for a phased capital improvement program; NOW, THEREFORE, the City Council of the City of San Jacinto does resolve as follows: Section 1. That Resolution No. 1765 and Resolution No. 1766 are hereby repealed. Section 2. The City of San Jacinto shall charge and collect from each subscriber to water service amounts according to the following rates: A. SERVICE CHARGE. A monthly service charge according to the size of the subscriber's meter, as follows: Meter Size Monthly Service Charge 5/8" 7.00 3/4" $ 7.00 1" $ 12.50 1.5" $ 28.00 2" $ 50.00 3" $ 112.00 4" $ 200.00 6" $ 450.00 8" $ 800.00 RESOLUTION NO. PAGE 2 B. USAGE CHARGE. For all water consumed, there shall be additional charges on the following basis: For the first 2000 cubic feet of water used during the monthly billing period, the charge shall be $0.665 per 100 cubic feet. For all water used beyond the first 2000 cubic feet per monthly billing period, the charge shall be $0.85 per 100 cubic feet. For all water used above 20,000 cubic feet of water during the monthly billing period, the charge shall be $1.05 per 100 cubic feet for non-residential users. C. LIFELINE RATE. For subscribers with 5/8" and 3/4" meters there shall be no usage charge for the first 500 cubic feet of water used during the monthly billing period. D. TEMPORARY METERS. A rental fee of $30.00 per month plus a charge of $2.00 per day shall be imposed for each temporary meter in addition to a usage charge of $1.05 per 100 cubic feet of water used. Section 3. The rates established in this resolution shall be effective upon the monthly billing period which commences in November, 1992. PASSED, APPROVED AND ADOPTED, at a regular meeting of the City Council on the day of 1992 by the following vote: AYES: NOES: ABSENT: ABSTAIN: I Maurice Armster, City Clerk of the City of San Jacinto, California, do hereby certify that the foregoing Resolution No. is a full, true and correct copy of that now on file in this office. LL Rh • at, (CI) L-1) eat t, oL 1,:cRAY inA-47t, t9 at.(rULAt 21 S- Ch)(1) ALTERNATIVE "B" RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA ADJUSTING WATER RATES WHEREAS, the schedule of water rates currently established for subscribers of water through the water system of the City of San Jacinto is contained in Resolution No. 1765 and Resolution No. 1766, but is not adequate to defray the costs of ownership, maintenance and improvement of said system d ur f WHEREAS, the City of San Jacinto has caused to be prepared a Master Plan of the city's water service area, which identifies capital facilities deficiencies of approximately $6.0 million dollars and recommends that up to 40% of water revenues be dedicated to the cost of construction of capital improvements; and WHEREAS, the present water rate structure provides only for the operation and maintenance of the water department and does not provide any funds for a capital improvement program; and WHEREAS, the City Council of the City of San Jacinto has given study to the proposed rate structure; and WHEREAS, the City Council of the City of San Jacinto has held a Public Hearing thereon as required by law, and selected a new rate structure, which will include funds for a phased capital improvement program; NOW, THEREFORE, the City Council of the City of San Jacinto does resolve as follows: Section 1. That Resolution No. 1765 and Resolution No. 1766 are hereby repealed. Section 2. The City of San Jacinto shall charge and collect from each subscriber to water service amounts according to the following rates: A. SERVICE CHARGE. A monthly service charge according to the size of the subscriber's meter, as follows: Meter Size Monthly Service Charge 5/8" $ 6.50 3/4" $ 6.50 1" $ 10.25 Y 1.5'° $ 20.00 2" $ "30.00 3" $ 50.00 4" $ 90.00 6" $ 150.00 8" $ 200.00 RESOLUTION NO. PAGE 2 B. USAGE CHARGE. For all water consumed, there shall be additional charges on the following basis: For the first 2000 cubic feet of water used during the monthly billing period, the charge shall be $0.665 per 100 cubic feet. For all water used beyond the first 2000 cubic feet per monthly billing period, the charge shall be $0.85 per 100 cubic feet. For all water used above 20,000 cubic feet of water during the monthly billing period, the charge shall be $1.05 per 100 cubic feet for non-residential users. C. LIFELINE RATE. For subscribers with 5/8" and 3/4" meters there shall be no usage charge for the first 500 cubic feet of water used during the monthly billing period. D. TEMPORARY METERS. A rental fee of $30.00 per month plus a charge of $2.00 per day shall be imposed for each temporary meter in addition to a usage charge of $1.05 per 100 cubic feet of water used. Section 3. The rates established in this resolution shall be effective upon the monthly billing period which commences in November, 1992. PASSED, APPROVED AND ADOPTED, at a regular meeting of the City Council on the day of 1992 by the following vote: AYES: NOES: ABSENT: ABSTAIN: I Maurice Armster, City Clerk of the City of San Jacinto, California, do hereby certify that the foregoing Resolution No. is a full, true and correct copy of that now on file in this office. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA ADJUSTING SEWER RATES WHEREAS, the schedule of sewer rental fees currently established for dischargers of sewage through the sewage collection system of the City of San Jacinto is contained in Resolution No. 1767, but is not adequate to defray the costs of operang and maintaining said system; and WHEREAS, the City Council of the City of San Jacinto has given study to the proposed rental fee structure; and 7>WHEREAS, the City Council of the City of San Jacinto has held a Public Hearing thereon as required by law, and selected a new rental fee structure. 7NOW, THEREFORE, the City Council of the City of San Jacinto does resolve as follows: '7 Section 1. That Resolution No. 1767 is hereby repealed. ion 2. The City of San Jacinto shall charge and collec from each discharger to the sewage collection system amoun'. or.ing to the following rates: follows: ERVICE CHARGE. A monthly sewer rental charge as Single family residence Multiple family residential units Commercial/Industrial accounts $3.50 per month $3.00 per month per unit $3.50 per month per 1100 cubic feet of water usage* $3.00 per month per unit Each hotel, motel or boarding house shall be charged a monthly fee according to the number of units existent in said hotel, motel or boarding house. *Credit shall be given for water used for irrigation purposes. Section. 3. The rates established in this resolution shall be effective upon the monthly billing period which commences in November, 1992. Section 4. The Council specifically finds that this rate increase is necessary to meet operating expenses and is therefore categorically exempt from CEQA. pursuant to Section 15273(a)(1) of the California Code of Regulations. PASSED, APPROVED AND ADOPTED, at a regular meeting of the City Council on day of 1992, by the following vot4e: AYES: NOES: ABSENT: ABSTAIN: I, Maurice Armster, City Clerk of the City of San Jacinto, California, do hereby certify that the foregoing Resolution No. is a full, true and correct copy of that now on file in this office. ALTERNATIVE "A" RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA ADJUSTING WATER RATES WHEREAS, the schedule of water rates currently established for subscribers of water through the water system of the City of San Jacinto is contained in Resolution No. 1765 and Resolution No. 1766, but is not adequate to defray the costs of ownership, maintenance and improvement of said systemwithin existing service areas; and WHEREAS, the City of San Jacinto has caused to be prepared a Master Plan of the City's water service area, which identifies capital facilities deficiencies of oximately $6.0 million dollars and recommends that up to water revenues be dedicated to the cost of ©ristruction of capital improvements; and WHEREAS, the present water rate structure provides only for the operation and maintenance of the water department and does not provide any funds for a capital improvement program; and WHEREAS, the City Council of the City of San Jacinto has given study to the proposed rate structure; and WHEREAS, the City Council of the City of San Jacinto had held a Public Hearing thereon a,a7<egTiried by law, and selected a new rate structure, wwill include funds for a phased capital improvement pro NOW, THEREFORE, the Ci Jacinto does resolve as follows; Section 1. That Resolution No. 1765 and Resolution No. 1766 are hereby repoealed. Section 2. The City of San Jac( s all charge and collect from each subscriber to water serv'ceam ants according to the following. rates: A. SERVICE CHARGE. A monthly service charge according to the size of the subscriber's meter, as follows: f the City of San Meter Size Monthly Service Charge 5/8" $ 7.00 3/4" $ 7.00 1" S 12.50 1.5" $ 28.00 2" $ 50.00 3" $ 112.00 4" $ 200.00 6" $ 450.00 8" $ 800.00 B. USAGE CHARGE. For all water consumed, there shall be additional charges on the following basis: For the first 2000 cubic feet of water used during the monthly billing period, the charge shall be $0.665 per 100 ci.ibi c_ fee. For all water used beyond the first 2000 cubic feet per monthly billing period, the charge shall be $0.85 per 100 cubic feet. For all water used above 20,000 cubic feet of water during the monthly billing period, the charge shall be $1.05 per 100 cubic feet for non-residential users. C. LIFELINE RATE. For subscribers with 5/8" and 3/4" meters there shall be no usage charge for the first 500 cubic feet of wter used during the monthly billing period. D. TEMPORARY METERS. A rental fee of $30.00 per month plus a charge of $2.00 per day shall be imposed for each temporary meter in addition to a usage charge of $1.05 per 100 cubic feet of water used. Section 3. The rates established in this resolution shall be effective upon the monthly billing period which commences in November, 1992. Section 4. The Council does specifically find that this rate adjustment is necessary to obtain funds for capital projects, necessary to maintain service within existing service areas and is, therefore, categorically exempt from CEQA pursuant to Section 15273 (a)(4) California Code of Regulations and California Public Resources Code Section 21080 (b)(8). PASSED, APPROVED AND ADOPTED, at a regular meeting of the City Council on the day of 1992 by the following vote: AYES: NOES: ABSENT: ABSTAIN: I, Maurice Armster, City Clerk of the City of San Jacinto, California, do hereby certify that the foregoing Resolution No. is a full, true and correct copy of that now on file in this office. ALTERNATIVE "B" RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA ADJUSTING WATER RATES WHEREAS, the schedule of water rates currently established for subscribers of water through the water system of the Ci y'of San Jacin 4s contained in Resolution No. 1765 and Resolution No. 1766, bnt is not adequate to defray the osts of ownership, maintnance and improvement of said system -^ ;.r within existing service areas; and WHEREAS, the City of San Jacinto has caused to be prepared a Master Plan of the City's water service area, which identifies capital facilities deficiencies of approximately $6.0 million dollars and recommends that up to 40% of water revenues be dedicated to the cost of onstruction of capital improvements; and WHEREAS, the present water rate structure provides only for the operation and maintenance of the water department and does not provide any funds for a capital improvement program; and WHEREAS, the City Council of the City of San Jacinto has given study to the proposed rate structure; and WHEREAS, the City Council of the City of San Jacinto has held a Public Hearing thereon as required by law, and selected a new rate structure, which will include funds for —7 a phased capital improvement program; NOW, THEREFORE, the City Council of the City of San into does resolve as follows: Section 1. That Resolution No. 1765 and Resolution No. 1766 are hereby repealed. Section 2. The City of San Jacin shall charge and collect from each subscriber to water sere ce.arounts according to the following rates: A. SERVICE CHARGE. A monthly service charge according to the size of the subscriber's meter as follows: Meter Size Monthly Service Charge 5/8" $ 6.50 3/4" 6.50 1" 10.25 1.5" 20.00 2" 30.00 3" 50.00 4" 90.00 6" 150.00 8" 200.00 B. USAGE CHARGE. For all water consumed, there shall be additional charges on the following basis: For the first 2000 cubic feet of water used during the monthly billing period, the charge shall be 50.665 per 100 cubic feet. For all water used beyond the first 2000 cubic feet per monthly billing period, the charge shall be $0.85 per 100 cubic feet. For all water used above 20,000 cubic feet of water during the monthly billing period, the charge shall be $1.05 per 100 cubic for non-residential users. C. LIFELINE RATE. For subscribers with 5/8" and 3/4" meters there shall be no usage charge for the first 500 cubic feet of water used during the monthly billing period. D. TEMPORARY METERS. A rental fee of S30.00 per month plus a charge of $2.00 per day shall be imposed for each temporary meter in addition to a usage charge of $1.05 per 100 cubic feet of water used. Section 3. The rates established in this resolution shall be effective upon the monthly billing period which commences in November, 1992. Section 4. The Council does specifically find that this rate adjustment is necessary to obtain funds for capital projects, necessary to maintain service within existing service areas and is, therefore, categorically exempt from CEQA pursuant to Section 15273 (a)(4) California Code of Regulations and California Public Resources Code Section 21080 (b)(8). PASSED, APPROVED AND ADOPTED, at a regular meeting of the City Council on day of 1992 by the following vote: AYES: NOES: ABSENT: ABSTAIN: I, Maurice Ar•mster, City Clerk of the City of San Jacinto, California, do hereby certify that the foregoing Resolution No. is a full, true and correct copy of that now on file in this office. STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Les Evans, Interim Director of Public Works DATE: October 6, 1992 SUBJECT: PUBLIC HEARING - RESOLUTION NO. RECOMMENDING A WATER RATE ADJUSTMENT Recommendation: Adopt Resolution No. Adjusting Water Rates using the rate structure in Alternative "A" or "B". Fiscal Analysis: The proposed increase willgenerate through Alt ernative ive y11g,50,000 through Alternative "A"or $270,000 g summary: When considering utility rate increases, the Council has several policy issues which must be considered. The issues are: 1. Is there justification for a rate increase? In this case the City has conducted a Water Master Plan Study which has analyzed our water enterprise fund and has recommended construction of significant capital improvements to the water system which are presently not funded. 2. If there is justification for a rate increase, how much additional revenue should be generated? Assuming that significant improvements will be paid for through borrowed fundds, ebt servical e. revenues should generate enough money to pay Approximately $100,000 of additional annual revenue will pay debt service on $1,000,000. 3. Who should pay? A rate increase can be a flat percentage increase for all users or a new rate structure which affects user classes differently. An increase can also be phased. October 6, 1992 Staff Report/Water Rate Increase Page Two Background and Analysis: In July, 1988 the City Council approved the present water rate structure. Since that time, the City has completed a study of our water system and development of a Water Master Plan. The Master Plan identified over $6.8 million Z needed improvements to the existing system. The Master Plan n. .e the following points: A. The evaluation of the existing system revealed deficiencies in both supply (wells) and storage (reservoirs) capability to meet the demands of existing development. Recommended improvements included a new well in the southeast area of the City, a new 2 million gallon reservoir at this new well site in the southeast area, and 1.0 and 1.25 million gallon reservoirs at the Bath and Grand well sites. In addition, pipeline improvements are needed to remove bottlenecks in the existing distribution system. B. Our present water rate structure (established four and one- half years ago) generates only enough revenue to fund the operation and maintenance of our existing facilities. There is no money available to fund a capital improvement program or the second filtration system at the Bath Well site. The new Water Master Plan recommends that net operating revenues (funds remaining after operation and maintenance expenses are paid) should be 20 to 40 percent of total operating revenues. Presently, the City of San Jacinto water rate structure generates no net operating revenues. C. In order to provide for a long-range capital improvement program, the City should increase water revenues by approximately 30 percent in order to provide funds for debt service payments and revenue paid capital expenditures. For example, the proposed new water rate structure will generate about $350,000 annually (Alternative "A") or $272,000 annually (Alternative "B") for capital improvements. These funds could be utilized to pay the debt service on $3 to $4 million dollars in water revenue bonds, or could be utilized to fund a small capital improvement program on a "pay-as-you-go" basis. D. According to the Water Master Plan, the present water rate structure tends to favor the large commercial/industrial users and other users with significant, seasonal variations as it does not equitably recover the fixed costs associated with peak demands or capacity requirements of large water meters. As such, this rate structure does not equitably recover the costs associated with the unique demand characteristics of each of the City's user classes. October 6, 1992 Staff Report/Water Rate Increase Page Three Monthly Service Charge The City collects a monthly water charge from each customer, the amount of which is based on the size of the customer's meter. The basic charge of $6.00 per month applies to the 5/8" and 3/4" meters which serve the majority (65%) of our customers and nearly all of our single family homes and small businesses. The monthly service charge for a 1-1/2" meter is $12.00 or twice that of the 3/4" meter. However, a 1-1/2" meter can accommodate flows four times as great as the 3/4" meter. Therefore, most water agencies have developed monthly service charges based on the relative volumes of water which can be served through a meter. Additionally, the monthly service charge should cover the fixed costs of operating the water system such as insurance, office costs, meter reading, billing, administrative overhead and franchise fee. For the City's water enterprise, these fixed monthly costs amount to about $400,000. Based on this need to generate about $400,000 from the service charge and an equitable distribution of the service charge based on relative meter size, the following chart can be prepared: Meter Size 5/8" 3/4" 1" 1-1/2" 2" 3" 4" 6" 8" Present Mo. Proposed Proposed Sery Charge Alt. "A" Alt. "B" $ 6.00 6.00 8.00 12.00 17.00 25.00 45.00 78.00 113.00 $ 7.00 7.00 12.50 28.00 50.00 112.00 200.00 450.00 800.00 $ 6.50 6.50 10.25 20.00 30.00 50.00 90.00 150.00 200.00 The present monthly service charge generates about $265,000 annually. The monthly service charge in Alternative "A" will generate about $392,000. The modified monthly service charge in Alternative "B" is a compromise which will generate about $313,332. Water Usage Fee The water rate structure is made up of two parts. The first is the monthly service charge which was previously discussed. The second is a water usage fee which is based on actual water usage by each customer. This charge offsets the cost of well operation, transmission system maintenance and other costs which fluctuate depending on water usage. October 6, 1992 Staff Report/Water Rate Increase Page Four The present water usage fee of 57 cents per 100 cubic feet of water usage generates about $635,000. This amount is adequate to fund the operating costs of the City's water system which this year are projected to be about $535,000. It also generates about $100,000 for capital projects. However, since the monthly water service charge does not raise enough revenue to cover our fixed costs, the $100,000 must be used to make up the deficiency. Assuming the City Council increases the monthly service fee as proposed in Alternative "A" or "B", the water usage fee will generate a small amount of revenue annually for capital improvements. However, to have a meaningful capital improvement program, which will be able to fund $3-5 million of needed improvements, another $200,000 - $250,000 annually is needed. The majority of this additional revenue should come from the high volume water users who place the greatest demand on our system. Following are recommendations for increasing water usage revenue: 1. Eliminate free water which is provided as part of the monthly service fee for meters larger than 3/4" in size. Presently, the City offers free water as follows: Meter Free Size Water 5/8" 500 cubic feet per month 3/4" 500 cubic feet per month 1" 600 cubic feet per month 1-1/2" 1000 cubic feet per month 2" 2000 cubic feet per month 3" 2500 cubic feet per month 4" 3000 cubic feet per month 6" 4000 cubic feet per month 8" 5000 cubic feet per month October G, 1992 Staff Deport/Water Rate Increase Page Five 2. Establish higher water usage rates for customers who use more than the monthly average of 2000 cubic feet per znootb and a third tier water usage rate for customers who use more than ten times the znootbllr average. 3. Increase the basic water usage rate from 57 cents per IUU cubic feet to 66.5 cents per cubic feet. The proposed new water usage fees are as follows: 0 - 500 cubic feet/month - included in the monthly service fee for 5/811 and 3/411 meters O - JOOO cubic feet/month - 66.5 cents per IOO cubic feet (except as noted above) 200I - 20,000 cubic feet/month - 85 cents per IOO cubic feet over 20,000 cubic feet/month - I.05 cents per IOO cubic feet The effects of the proposed new znootbl}/ service charge and water usage faao are shown in the following table: Present Meter of Meters Average Monthly Size in System Use(of) Charge Alt. Alt, "All nBn 5/811 700 183I 13.59 15.86 15.36 3/411 2232 2067 14.92 17.42 16.92 In 253 3733 25.86 40.52 38.27 1-1/2n 27 7674 50.04 89.53 81.53 211 79 14/325 87.25 168.05 148.05 311 4 55,079 324.70 646.48 564.70 411 9 44,811 283.33 626,70 516.70 Gx 1 200 78.00 45I.33 151.33 811 2 71 II3.00 888.47 200.47 October 6, 1992 Staff Report/Water Rate Increase Page Six The Alternative "A" rate structure will generate about $350,000 of new revenue, while Alternative "B" will generate about $270,000. The new rate structure would take effect in November and be billed in early December. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA ADJUSTING SEWER RATES WHEREAS, the schedule of sewer rental fees currently established for dischargers of sewage through the sewage collection system of the City of San Jacinto is contained in Resolution No. 1767, but is not adequate to defray the costs of operating and maintaining said system; and WHEREAS, the City Council of the City of San Jacinto has given study to the proposed rental fee structure; and WHEREAS, the City Council of the City of San Jacinto has held a Public Hearing thereon as required by law, and selected a new rental fee structure. NOW, THEREFORE, the City Council of the City of San Jacinto does resolve as follows: Section 1. That Resolution No. 1767 is hereby repealed. Section 2. The City of San Jacinto shall charge and collect from each discharger to the sewage collection system amounts according to the following rates: follows: shall units SERVICE CHARGE. A monthly sewer rental charge as Single family residence Multiple family residential units Commercial/Industrial accounts $3.50 per month $3.00 per month per unit $3.50 per month per 1100 cubic feet of water usage* $3.00 per month per unit Each hotel, motel or boarding house be charged a monthly fee according to the number of existent in said hotel, motel or boarding house. *Credit shall be given for water used for irrigation purposes. Section 3. The rates established in this resolution shall be effective upon the monthly billing period which commences in November, 1992. Section 4. The Council specifically finds that this rate increase is necessary to meet operating expenses and is therefore categorically exempt from CEQA pursuant to Section 15273(a)(1) of the California Code of Regulations. PASSED, APPROVED AND ADOPTED, at a regular meeting of the City Council on day of 1992, by the following vot4e: AYES: NOES: ABSENT: ABSTAIN: I, Maurice Armster, City Clerk of the City of San Jacinto, California, do hereby certify that the foregoing Resolution No. is a full, true and correct copy of that now on file in this office. City Clerk 3" $ 112.00 4" $ 200.00 6" $ 450.00 8" $ 800.00 B. USAGE CHARGE. For all water consumed, there shall be additional charges on the following basis: For the first 2000 cubic feet of water used during the monthly billing period, the charge shall be $0.665 per 100 cubic fee. For all water used beyond the first 2000 cubic feet per monthly billing period, the charge shall be $0.85 per 100 cubic feet. For all water used above 20,000 cubic feet of water during the monthly billing period, the charge shall be $1.05 per 100 cubic feet for non-residential users. C. LIFELINE RATE. For subscribers with 5/8" and 3/4" meters there shall be no usage charge for the first 500 cubic feet of wter used during the monthly billing period. D. TEMPORARY METERS. A rental fee of $30.00 per month plus a charge of $2.00 per day shall be imposed for each temporary meter in addition to a usage charge of $1.05 per 100 cubic feet of water used. Meter Size Monthly Service Charge 5/8" 7.00 3/4" 7.00 1" 12.50 1.5" 28.00 2" 50.00 Section 3. The rates established in this resolution shall be effective upon the monthly billing period which commences in November, 1992. Section 4. The Council does specifically find that this rate adjustment is necessary to obtain funds for capital projects, necessary to maintain service within existing service areas and is, therefore, categorically exempt from CEQA pursuant to Section 15273 (a)(4) California Code of Regulations and California Public Resources Code Section 21080 (b)(8). PASSED, APPROVED AND ADOPTED, at a regular meeting of the City Council on the day of 1992 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ALTERNATIVE "A" RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA ADJUSTING WATER RATES WHEREAS, the schedule of water rates currently established for subscribers of water through the water system of the City of San Jacinto is contained in Resolution No. 1765 and Resolution No. 1766, but is not adequate to defray the costs of ownership, maintenance and improvement of said system within existing service areas; and WHEREAS, the City of San Jacinto has caused to be prepared a Master Plan of the City's water service area, which identifies capital facilities deficiencies of approximately $6.0 million dollars and recommends that up to 40% of water revenues be dedicated to the cost of construction of capital improvements; and WHEREAS, the present water rate structure provides only for the operation and maintenance of the water department and does not provide any funds for a capital improvement program; and WHEREAS, the City Council of the City of San Jacinto has given study to the proposed rate structure; and WHEREAS, the City Council of the City of San Jacinto had held a Public Hearing thereon as requried by law, and selected a new rate structure, which will include funds for a phased capital improvement program; NOW, THEREFORE, the City Council of the City of San Jacinto does resolve as follows: Section 1. That Resolution No. 1765 and Resolution No. 1766 are hereby repoealed. Section 2. The City of San Jacinto shall charge and collect from each subscriber to water service, amounts according to the following rates: A. SERVICE CHARGE. A monthly service charge according to the size of the subscriber's meter, as follows: TO: FROM: DATE: SUBJECT: CITY OF SAN JACINTO STAFF REPORT Honorable Mayor and City Council Members Brian McNabb, Director of Community Development via Pamela S. Easter, City Manager October 6, 1992 ENVIRONMENTAL IMPACT ASSESSMENT AND ZONING ORDINANCE AMENDMENT 5-92 (The Compatibility Ordinance) RECOMMENDATION 1. The Planning Commission recommends the City Council approve Single Family Residential compatibility standards for the City, and introduce the attached Ordinance establishing said standards and waive the reading of the Ordinance in full and read by title only. BACKGROUND In response to Council direction, the staff has prepared a Compatibility Ordinance which has the support of the Planning Commission and members of this Development Community. This Ordinance was finalized after two Planning Commission hearings and three meetings of the special committee. The Ordinance addresses many of the issues that arise from the Concordia Hearing but does not necessarily preclude the construction of smaller homes in the vicinity of larger homes. Irvega BRIAN MC NABB Director of Community Development BKM:ga CCRPT-92\Compact.Mem AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO CREATING COMPATIBILITY STANDARDS FOR SINGLE FAMILY HOUSING DEVELOPMENT RECITALS WHEREAS, the City's adopted Mission Statement "Creating a well planned and balanced community" WHEREAS, the City strategic plan policy includes the affordable housing goals: includes following 1. We should guaranty that all citizens have an equal opportunity to obtain housing of their choice which is within their means. 2. We must develop a community sense of pride and togetherness among all the many neighborhoods in San Jacinto. 3. We should promote the concept of attractive, quality, safe residential environments that meet individual, social, cultural and personal needs of our residents. 4 We should seek funding help to provide housing for people whose needs cannot be met by the private market. Incentives are needed for communities and neighborhoods to include such housing. WHEREAS, the City strategic plan policy includes the following neighborhood preservation goals. 1. We must affirm that living in San Jacinto assumes certain responsibilities towards ones neighbors and the community. 2. We should develop, maintain and preserve socially healthy neighborhoods. Socially healthy neighborhoods are defined as providing safety, convenience, and a feeling of community identity to its residents. Socially healthy neighborhoods include elements such as: A. B. C. D. E. Proximity to jobs, schools, and day care facilities. Ethnic and economic diversity Nearby convenience commercial Neighborhoods that allow for the interaction of neighbors with each other. Recreational facilities close to or within the neighborhood F. Potential mixing of certain commercial uses with residential uses G. A sense of security H. Retention of property values WHEREAS, the City desires to develop regulations consistent with its strategic plan policies. WHEREAS, assuring compatibility helps to sustain property values WHEREAS, homebuyers are desirous of being assured new development will sustain or enhance their property values WHEREAS, homebuyers wish to be assured that neighboring development will be compatible with their homes. THEREFORE, BE IT HEREBY ORDAINED AS FOLLOWS: SECTION 1, ARTICLE 3A OF ORDINANCE 340 IS ESTABLISHED, AS FOLLOWS: 3A.00 The following regulations apply to all homes proposed for construction in the City, whether on an individual lot or as a part of a subdivision, in order to promote neighborhood compatibility. 3A.01 DESIGN CRITERIA The following apply to all single family homes proposed for construction in the City: A. MINIMUM HOUSE SIZE 1. The minimum house size shall be not less than 1000 sq. ft. in all non -senior citizen subdivisions that were recorded after November 20, 1987, where the majority of the lots in the subdivision are 7500 sq. ft. or less. For subdivisions where a majority of the lots are greater than 7500 sq. ft. the minimum house size is 1200 sq. ft. If, due to the irregular shape of the original parcel, a majority of the lots are greater than 7500 sq. ft. in size, but the lots which are of normal configuration are 7500 sq. ft., the subdivision shall be considered as having 7500 sq. ft. lots. B. MINIMUM HOUSE SIZE SENIOR CITIZEN DEVELOPMENT The minimum house size in a senior citizen development is 800 sq. ft. unless specified elsewhere in the zoning ordinance. 2 C. MAXIMUM LOT COVERAGE The maximum total lot coverage is 40% of the lot area, unless the lot is part of an overall development incorporating common open space, such as a Planned Unit Development. Any solid roofed structure or partially roofed structure (such as a lattice patio cover) shall be considered coverage. D. BUILDING DESIGN -GENERALLY All newly constructed homes shall be consistent with one of the following standards: 1. The City's adopted design standard 2. An alternate design standard approved as part of a development agreement. 3. In the absence of (i) or (ii) above, the building design shall be consistent with, or an improvement to, the design of homes in the area as to bulk, scale, materials, and street scene. 4. All homes shall be designed to accommodate a minimum of a 160 sq. ft. covered patio, accessed by a door, within the maximum lot coverage, without encroaching into the required set backs. 3A.02 DEVELOPMENT PLAN REQUIREMENT A development plan shall be submitted to, and approved by, the Community Development Department prior to the issuance of a building permit for any lot within a subdivision recorded after November 20, 1987. The forementioned development plan shall be consistent with these regulations, and shall include floor plans, elevations, precise grading plans, and typical front yard landscaping. 3A.03 CONCEPTUAL DEVELOPMENT PLAN Development projects ultimately containing more than one subdivision shall be accompanied by a conceptual development plan which includes an estimated square footage and lot size for each subdivision or planning area. The conceptual development plan required by this section shall be replaced by a comprehensive development plan in accordance with these regulations at the earliest possible time as required by this Ordinance, but in no case later than an application for a building permit. 3 3A.04 AMENDMENTS TO DEVELOPMENT PLAN Development plans may be amended from time to time. All amendments shall be consistent with the regulations set forth by this Article. 3A.05 DETERMINING COMPATIBILITY Housing within any development shall meet the following standards: A. DETERMINING THE SPHERE OF COMPATIBILITY 1. New housing proposals shall be compatible to existing or proposed housing within the "Sphere of Compatibility", which is the area most likely to be impacted or affected by the size, architecture, or landscaping of the new housing. The City shall provide the applicant with a map delineating the sphere of compatibility for the area proposed for new project. For purposes of this section a project is defined as all lots proposed for development. For the purposes of this section, the sphere review shall include existing homes and lots for which development plans have been approved. 2. The sphere of compatibility shall include the following property: a. Any 20,000 sq. ft. lot, or smaller portion thereof, located within 160 feet of the project which is both on the opposite side of the street and facing the same street as the project. b. Any 20,000 sq. ft. lot, or smaller or portion thereof, located within 300 ft. of the project which is both on the same side of the street as the project and facing the same street as the project. 3. Only those portions of a project with street frontage common to other lots shall have a sphere of compatibility. 4. A project may have multiple spheres of compatibility. 4 B. REQUIRED FLOOR AREA IN SPHERE OF COMPATIBILITY The proposed housing for the portion of a project having a sphere of compatibility shall be no smaller than 75% of the average housing size within the sphere of compatibility, but in no case smaller than the minimum house size required by 3A.01. If the proposed housing is larger than the average housing in the sphere of compatibility, appropriate transitioning in size shall take place as determined by the Director of Community Development and/or the Planning Commission. C. AVERAGE SIZE AT PROJECT BUILD OUT Where a project with multiple floor plans is constructed in phases, the average house square footage of the total project at buildout, shall not be less than 95% of the model average. When variations in excess of 95% is proposed a revised development plan shall be submitted for review and approval. D. MAXIMUM SIZE DIFFERENTIAL WITHIN A SUBDIVISION In projects where multiple floor plans are proposed, the maximum size range allowed within a subdivision is determined by the following formula: (Square footage of smallest home)X(Number of floor plans) X . 2 0%=Greatest difference allowed between smallest and largest units. E. VARIATIONS TO MAXIMUM SIZE DIFFERENTIAL 1. A project under construction and selling may request up to a 5% variation from subsection D, above. 2. If a subdivision has more than 33% of its lots in multiple size ranges, the constant of the above formula (.20) may be increased by .05% for each size range in the subdivision. For purposes of this sub -section, multiple size ranges shall be: Less than 6000 sq. ft. lot 6001 - 7500 sq. ft. lot 7501 - 10,000 sq. ft. lot 10,001 - 15,000 sq. ft. lot 15,000 - 20,000 sq. ft. lot 5 F. PARKING CONSISTENCY A three car garage shall be provided at approximately 50% of the ratio as existing homes within the sphere of compatibility. G. LANDSCAPE CONSISTENCY Lots having a sphere of compatibility shall be landscaped with plant materials which are consistent as to type and maturity with other landscaped lots within the sphere. This may necessitate the planting of larger specimen trees and plants, and/or the installation of sod. For the purposes of this ordinance, larger specimen trees and plants shall not exceed 48" box trees and 5 gallon shrubs. All plant material shall meet City standards and is subject to inspection and acceptance by the City. H. BUILDING DESIGN - SPECIFICALLY 1. Lots having a sphere of compatibility shall be designed to be consistent with other homes within the sphere as to bulk, scale, width, and street scene. 2. New homes shall be required to integrate the colors and materials of homes within the sphere of compatibility. 3. New housing immediately adjacent to existing housing, but not within a sphere of compatibility, shall be generally consistent as to bulk, scale, and color. 3A.06 APPROVALS The Community Development Department is empowered to review and approve development plans meeting these compatibility standards unless this Ordinance requires a development plan to be approved by the Planning Commission. The applicant may appeal any decision made by staff to the Planning Commission upon the receipt of the proper application and payment of the appeal fee. 3A.07 INAPPLICABILITY - GENERALLY The following development projects shall be governed by Section 3A.01, exclusively. A. Lots greater than 20,000 sq. ft. B. Subdivisions lots created prior to November 20, 1987 6 3A.08 INAPPLICABILITY - SPECIFICALLY These regulations are not applicable to any project that has an approved development plan prior to November 20, 1992 or to any projects where compatibility standards are set by development agreement. 3A.09 AMENDMENTS TO EXEMPT PROJECTS Should an amended development plan be submitted for a project exempt from these regulations, the amended development plan shall comply with the regulations to the greatest extent possible. SECTION 2 RIGHT OF APPEAL The formulas and averages used in this ordinance shall establish minimum standards only. The Director of Community Development, when empowered to review a development plan, may deny such an application when it is found to be detrimental to the health, safety and general welfare of persons residing or working in the area and/or which is found to impact in a substantially negative manner the economic value, habitability or enjoyability of properties in the neighborhood. Neighborhood is defined as those areas within sphere of compatibility of the project site. Such decision may be appealed to the Planning Commission. Decisions of the Planning Commission may be appealed to the City Council. The City Council decision is final. SECTION 3 FEE FOR DEVELOPMENT PLAN REVIEW The fee to review a development plan with multiple floor plans is $500.00, but may be amended from time to time by a resolution of the City Council. SECTION 4 VALIDITY The San Jacinto City Council hereby declares that should any section, paragraph, sentence or work of this Ordinance or of the City Municipal Code hereby adopted be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this Ordinance independent of the elimination here from of any such portions as may be declared invalid. SECTION 5 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 7 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 day of , 1992. MOVED, PASSED AND ADOPTED at a regular meeting of the City Council on the day of , 1992 by the following vote: AYES: NOES: ABSENT: ATTEST Mayor Deputy City Clerk CERTIFICATE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF SAN JACINTO, I hereby certify that the foregoing is a true copy of Ordinance No. duly adopted by the City Council of the City of San Jacinto at a regular meeting thereof held the day of , 1992. City Clerk 8 STAFF REPORT TO: Honorable Mayor and City Council FROM: Pamela S. Easter, City Manager Richard Kreisler, Attorney (City's Employee Relations Attorney) Dave Anderson, Assistant to the City Manager DATE: October 6, 1992 SUBJECT: Study of Police Department Hiring Practices RECOMMENDATION: Receive report and accept recommendations. SUMMARY: This report describes police hiring practices of the City from July 1985 to the present. It also includes a discussion of the recruitment process being used to fill current vacancies. Recommendations are made concerning additional items that should be added to the recruitment process to ensure that new hirees have an ability to understand and work with diverse ethnic and racial groups. It also provides an overview of the City's Cultural Diversity Program. BACKGROUND: At the July 7th Council meeting, in response to citizen concerns, the City Council directed the City Manager, the City's Employee Relations Attorney, and the Assistant to the City Manager to prepare a study of police hiring practices and to bring back a report for Council review. This report is the result of that direction. It is broken down into several sections as follows: 1. Recruitment Practices in General. 2. Past police recruitment practices. -July 1985 to January 1990. -January 1990 to March 1992. 3 Current police recruitment practices. -March 1992 to Present. 4. Recommendations concerning future police recruitment practices. 5. Review of recruitment procedures regarding two officers presently involved in litigation. 6. Cultural Diversity Program. 1. RECRUITMENT PRACTICES IN GENERAL The Commission on Peace Officer Standards and Training (POST) requires that certain procedures must be followed in the recruitment and selection of police officers. These guidelines include: personal history investigation, physical and psychological suitability examinations, law enforcement code of ethics, and notice of peace officer appointment. POST conducts a yearly inspection of Police Department recruitment records to insure these guidelines have been followed. The Department is then notified of any deficiencies they have noted. Once these deficiencies have been corrected, POST is notified and the recruitment process certified. Advertising the availability of vacancies is accomplished by printing a brochure stating the position available, the job description, salary and benefits, and the deadline for acceptance of applications. The City advertises in local newspapers, a publication containing local government positions throughout the western United States titled "Jobs Available", and publications circulated specifically to attract minority candidates such as the "Hispanic Hotline" and the "Black Voice". The City of San Jacinto is an Equal Opportunity Employeer. 2. PAST RECRUITMENT PRACTICES Recruitment from July 1985 to January 1990 Recruitments between July 1985 and January 1990 were handled in a similar manner. Job descriptions, job flyers, and advertisements for this period were the same, with only salary, benefits and closing dates changed for each recruitment. During these years, there were several recruitments that had no closing date. The advertisements and flyers said "Open until filled." Applications were also accepted during this period whether or not there was an active recruitment in process or not. The recruitment of police officers for the City of San Jacinto was conducted through the City Manager's office, by the Police Department. The following steps were used in the recruitment processes during this period. 1. An advertisement was placed in the Riverside Press (now the Press Enterprise) and infrequently in the Hemet News. 2. Those candidates possessing Peace Officer Standards and Training (POST) certificates were required to submit them with their applications. 2 3. Screening interviews were held using two raters from other police departments and one rater from the San Jacinto Police Department. All raters had a rank higher than Police Officer. The rating system used at this time allowed an individual to pass with a score of 70% or higher on a scale of 1 to 100. 4. Pre -employment background questionnaires were given to those candidates with 10 days to return them. Once this information was returned, the candidate was interviewed in person about any areas that appeared questionable to the interviewer. 5. After the background interview was completed, this information was given to the polygrapher who probed any questionable areas. 6. The candidates were then sent to the psychologist for evaluation. 7. Candidates then went through an extensive background check by a San Jacinto police department employee who personally traveled to speak with individuals who knew the candidate, such as neighbors, employers, co-workers, family members, teachers, etc. Candidates who had any felonies, or a pattern of drunk driving, violence, bad debts, poor work habits, or any combination of the above where not considered. 8. A medical exam was then performed. 9. A Chief's interview was the final step prior to recommendation to the City Manager for appointment. Analysis The rating method used at this time produced several candidates with a score of "70", indicating minimal, yet sufficient qualifications. Twenty-two officers were hired (twenty of whom were hired laterally and two from a police academy). Recruitment from February 1990 to March 1992 The City began actively recruiting individual police officer candidates directly from the various police academies, rather than lateral recruitments for police officers. The job description and job flyers remained unchanged from the previous five years. The recruitment during this period was handled more directly through the Police Department 1. Advertising was placed in Jobs Available and Peace Officers Research Education Committee News. 3 2. A police department representative, usually a Senior Police Officer, would visit academies in Riverside, Central Coast, San Bernardino, Rio Hondo, Golden West, and San Diego. A list of candidates with the best hiring potential was often provided by the instructors. 3. Those candidates with the best potential were interviewed by two raters from other police departments and one rater from the San Jacinto Police Department. The rating system used at this time allowed an individual to pass with a score of 70% or higher on a scale of 1 to 100. Those found to be acceptable were offered the chance to continue in the recruitment process. 4. Applications and pre -employment background questionnaires were given to those candidates with 10 days to return them. Once this information was returned, the candidate was interviewed in person about any areas that appeared questionable to the interviewer. 5. The polygrapher was then sent to the academy to question those candidates about any areas that were questionable on the background form. 6. The psychologist was also sent to the academy to administer testing. 7. Candidates then went through an extensive background check by a San Jacinto police department employee who personally traveled to speak with individuals who knew the candidate, such as neighbors, employers, co-workers, family members, teachers, etc. Candidates who had any felonies, or a pattern of drunk driving, violence, bad debts, poor work habits, or any combination of the above where not considered. 8. A medical exam was then performed. 9. A Chiefs interview was the final step prior to recommendation to the City Manager for appointment. 10. If a candidate was able to pass the background, psychological, medical and Chief's interview, they were then offered a contract, uniform, and 75% pay; but no benefits, while they finished the academy. Analysis During this period, the City began actively recruiting individual police officer candidates directly from the various police academies, rather than lateral recruitment. During this period three officers were hired, one of which was a lateral hiree. 4 Recruitment From March 1992 to the Present A new job description and job flyer were developed by Richard Kreisler, the City's Employee Relations Attorney. These changes were made to conform with the Americans with Disabilities Act (ADA) and to reflect the City's desire to seek out individuals having the ability to communicate with and interact with a wide variety of ethnic and racial groups. Lateral applicants were not accepted. Current Police Academy graduates and students were encouraged to apply as well as other individuals who had the desire and aptitude for police work. In mid -July, Dr. Nancy Bohl, of the Counseling Team, met with two panels — one made up of City employees, and the second, made up of community representatives to develop a new profile for the position of San Jacinto Police Officer. Nancy also met with the members of the Public Safety Council Committee. Based upon her meetings with these three groups, Dr. Bohl has developed a new Police Officer Profile that will be used as part of the psychological interviews her firm conducts. 1 Advertisements for this recruitment were placed in the Press Enterprise, Hemet News, Hispanic Hotline, Black Voice and Jobs Available. 2. Physical agility tests were given to applicants who met the job flyer criteria. 3. Two interview panels were used to interview the candidates. One panel was made up of law enforcement personnel, consisting of two raters from other police departments and one rater from the San Jacinto Police Department. All raters had a rank higher than Police Officer. A second interview panel was comprised of representatives of the community. Community Panel members were included to ensure that the Police Officers recruited had the ability to understand and work with a diversity of ethnic and racial groups. Scoring was pass/fail only; there were no numerical rating system. A successful candidate had to pass all categories, with all raters, on both panels, to continue in the selection process. 4. Pre -employment background questionnaires were given to those candidates with 10 days to return them. Once this information was returned, the candidate was interviewed in person about any areas that appeared questionable to the interviewer. 5. After the background interview was completed, this information was given to the polygrapher who probed any questionable areas. 6. The candidates was then sent to the psychologist for evaluation. 7. Candidates then went through an extensive background check by a San Jacinto 5 police department employee who personally traveled to speak with individuals who knew the candidate, such as neighbors, employers, co-workers, family members, teachers, etc. Candidates who had any felonies, or a pattern of drunk driving, violence, bad debts, poor work habits, or any combination of the above where not considered. 8. A medical exam was then performed. 9. A Chiefs interview was the final step prior to recommendation to the City Manager for appointment. 10. Those candidates who were successful, and who were not academy graduates were given 75% of a Police Officer's pay while they attended the academy. Benefits were also added this year for police officer trainees as a recruitment incentive. An This recruitment yielded 15 candidates eligible to continue in the process beyond the oral review board. As of this date, the City has hired 1 police officer who was an academy graduate and 2 police officer trainees, who started the Academy on October 5, 1992. Several more candidates are still in the background phase of the process. The City would like to hire 2 more trainees from this recruitment. The addition of a second panel of raters, comprised of community representatives caused some logistical problems. To interview all of the candidates required four full days of interviewing, the Community Panel needed three representatives for each of the four days. It was difficult to find enough panel members for each day. Almost every day the Community Panel was short one or more members because a member of the panel forgot the meeting, arriving late, or canceled too late for staff to find a replacement. For this recruitment, law enforcement officers from other cities who resided in San Jacinto participated on the Community Panel. Inclusion of these officers on the panels was intended to provide the group with a person familiar with police practices. In some instances Community Panel members looked for guidance from these officers at the expense of their own judgment. The Community panel was also given a chance to rate the candidates on their training and education. Most Community Panel members felt that these areas were more appropriately addressed by the Police Panel. All evaluations were pass or fail. Each candidate had to obtain a passing mark from 6 each rater in each category from each panel in order to successfully pass the interview. This had the effect of giving each person on any panel veto power over each candidate. Combined with the pass -fail scoring this had the effect of requiring each candidate to score 100% in order to pass. The standard set for passage was very high, with the result that fewer candidates passed on to the final stages of the recruitment than was expected. The City added benefits (at a civilian level) to the package offered to those individuals who were still in the academy when hired by the City. This helped the City's competitive position when other, larger agencies expressed an interest in hiring candidates that the City wished to recruit. 4. RECOMMENDATIONS CONCERNING FUTURE POLICE RECRUITMENT PRACTICES 1. Recruitment procedures during the period of 1985 to the present have met or exceeded POST standards. The City shall endeavor to meet or exceed POST recruitment standards in all future recruitments. 2. The City proactively participate in Job Fairs and Career Days throughout Southern and Central California in an attempt to recruit from a culturally diverse base of potential police officer candidates. 3. Job flyers should be sent to all Academies in California. 4. Future recruitments should be timed to coincide with Academy graduations. 5. The make-up of the Community Panel should be reviewed and approved by both the City Manager and Police Chief to insure their sensitivity to the City's cultural diversity and overall community service commitment. 6. The Community Panel should address their questions to community concerns. The Police Panel should address professional qualifications including education and experience. 7. The Community Panel should not include any former or current law enforcement personnel. 8. The rating process of the candidates should be reduced from 100% passing score to a mechanism that requires a passing score of approximately 80%. 7 9. Those that pass the Community and Police Panels will be listed on an unranked eligibility roster for a period of one year. Candidates will be asked to undergo further background testing as positions become available, and will be selected for additional processing by a qualitative review of oral board panel(s) member comments. 10. Benefits should be extended to those hired and sent to an academy. It allows the City of San Jacinto to be competitive with other jurisdictions. 5. REVIEW OF RECRUITMENT PROCEDURES REGARDING TWO OFFICERS PRESENTLY INVOLVED IN LITIGATION In response to the request to investigate the recruitment process used in hiring two officers presently involved in litigation, Penal Code 832.7 provides that Peace Officer personnel records are confidential. The type of information that would need to be reviewed are included in these two officers personnel records. Release of this information would expose the City to litigation by the officers for breach of their privacy rights. Therefore, Richard Kreisler, the City's Employee Relations Attorney continues to recommend that an investigation regarding the two officers is not appropriate, and should not be included in this report. 6. CULTURAL DIVERSITY PROGRAM Earlier this year, Police Chief Kozma and Police Sergeant Steenport attended a POST (Peace Officer Standards and Training) Cultural Diversity Program. This newly established program is in response to Senate Bill 2680 that required POST to develop training guidelines for law enforcement addressing racial and cultural differences among residents. With their interest in cultural diversity and training, the City Manager asked Chief Kozma and Sergeant Steenport to head up the City's training in cultural diversity. The training program is scheduled to begin in November 1992, which will make San Jacinto the first City in Riverside County to implement the program. Our City plans to conduct cultural diversity training for all City employees during the upcoming year. 8 This program will include the following steps: 1 . The City and the Police Department make a commitment to address issues, work towards solutions through: Public Declarations, Council Resolutions, Mission Statements and Vision Statements. 2. The City Manager and Police Chief select an instructor from the Police Department to become the Cultural Awareness Facilitator (CAF). (Our facilitator will be Sergeant Steenport) 3. After the CAF is fully trained, he begins to develop the City's own training program under the direction of the City Manager and Police Chief. 4. A internal questionnaire is developed to assess the awareness level and the attitudes of personnel. The results are tabulated and used to develop a strategy for training. 5. A citywide questionnaire is prepared by the CAF and interested Civic Groups as well as sent to all residents. These results are tabulated with appropriate follow up interviews conducted, using bilingual support where necessary. 6. Using the results of both questionnaires, a training program is developed. Mentors from the Community are recruited, screened and placed into a pool. A curriculum is developed to address the individual needs of the various ethnic groups. The local mentors are the primary instructors, but others may be used if needed. 7. Ongoing training then begins for all personnel in each department. Evaluations will be conducted after each training to insure the quality of all instructors. 8. Follow up surveys are conducted periodically to measure the effectiveness of the program. 9 STAFF REPORT TO: Mayor and Members of the City Council FROM: Laurie Mora, Deputy City Clerk DATE: October 6, 1992 SUBJECT: League of California Cities Voting Delegate RECOMMENDATION: Select and authorize a voting delegate and an alternate for the 1992 League of California Cities Annual Conference. 2EP ,E14 '92 11 25 Li:C-9.16/ 14-671 p Cali(ornia Cities Work Togetner f 1 . ities 1400 K STREET • SACRAMENTO. CA 95814 . (916) 444-5790 July 14, 1992 To: The Honorable Mayor and City Council From: Don Benninghoven, Executive Director Re: Designation of Voting Delegate for League Annual Conference This year's League Annual Conference is scheduled for Saturday, October 10 through Tuesday, October 13 in Los Angeles. One very important aspect of the Annual Conference is the General Business Meeting when the membership takes action on conference resolutions. Annual Conference resolutions guide cities and the League in our efforts to improve the quality, responsiveness and vitality of local government in California. It is important that all cities be represented at the Business Meeting on Tuesday, October 13, at 1:30 p.m. in the Petree D Room in the Los Angeles Convention Center. To expedite the conduct of business at this important policy -making meeting, each City Council should designate a voting representative and an alternate who will be present at the Business Meeting. The League Bylaws provide that each city is entitled to one vote in matters affecting municipal or League policy. A voting card will be given to the city official designated by the City Council on the enclosed "Voting Delegate Form." If the Mayor or a member of the City Council is in attendance at the Conference, it is expected that one of these officials will be designated as the voting delegate. However, if the City Council will not have a registered delegate at the Conference but will be represented by other city officials, one of these officials should be designated the voting delegate or alternate. Please forward the enclosed "Voting Delegate Form" to the Sacramento office of the League at the earliest possible time (not later than Friday, September 18, 1992), so that proper records may be established for the Conference. The voting delegate may pick up the city's voting card at the designated Voting Card Table located in the League Registration Area. If neither the voting delegate nor alternate is able to attend the Business Meeting, the voting delegate or alternate may pass the voting card to another official from the same city by appearing in person before a representative of the Credentials Committee to make the exchange. Prior to the Business Meeting, the card may be exchanged at the "Voting Card" table in the League registration area. At the Business Meeting, the "Voting Card" table, where the Credentials Committee will be seated, will be located in the front of the meeting room. The voting procedures that will be followed at this conference are printed on the reverse side of this memo. It is suggested that the Mayor and all Council Members from each city sit together at the Business Meeting so that if amendments are considered there may be an opportunity to exchange points of view and arrive at a consensus before each city's vote is cast. Your help in returning the attached "Voting Delegate Form" as soon as possible is appreciated. SEP 24 1.92 11:2G 1..12C- /444 71 League of California Cities Annual Conference Voting procedures 1 Each member city has a right to cast one vote on matters pertaining to League policy. 2. To cast the city's vote a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. 3. Prior to the Annual Conference, each city should designate a voting delegate and an alternate and return the Voting Delegate Form to the League for use by the Credentials Committee. 4. The voting delegate or alternate may pick up the city's voting card at the voting card desk in the conference registration area. 5. Free exchange of the voting card between the voting delegate and alternate is permitted. 6. If neither the voting delegate nor alternate is able to attend the Business Session, the voting delegate or alternate may pass the voting card to another official from the same city by appearing in person before a representative of the Credentials Committee to make the exchange. Prior to the Business Meeting, exchanges may be made at the "Voting Card" table in the League Registration Area. At the Business Meeting, exchanges may be made at the "Voting Card" table in the front of the meeting room. 7. Qualification of an initiative resolution is judged in part by the validity of signatures. Only the signatures of city officials, who, according to the records of the Credentials Committee, are authorized to use the city's voting card and who have. left a sample of their signature on the Credentials Committee register will be approved. 8. In case of dispute, the Credentials Committee will determine the right of a city official to vote at the Business Meeting. 260 Successful CEQA Compliance: A Step -By -Step Approach Olympic Games Rates, Tolls, Fares, and Charges Negative Declaration or other document or documents prepared pursuant to a regulatory program certified pursuant to Public Resources Code Section 21080.5, which will be prepared by: (1) The State Energy Resources Conservation and Development Commission, (2) The Public Utilities Commission, or (3) The city or county in which the power plant and related facility would be located. (b) The EIR, Negative Declaration, or other document prepared for the thermal power plant site or facility, shall include the environmental impact, if any, of the early activities described in this section. (c) This section acts to delay the timing of CEQA compliance from the early activ- ities of a utility to the time when a regulatory agency is requested to approve the thermal power plant and shifts the responsibility for preparing the docu- ment to the regulatory agency. Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 15080(b)(6), Public Resources Code. Discussion: This section identifies and interprets the exemption for early activities related to thermal electric power plants. This section delays the CEQA compliance for ther- mal power plants for all utilities until the power plant needed approval from a regulatory agency. The statutory exception provides that when an EIR, Negative Declaration, or a document under a certified program is prepared, that document must include the environmental impacts of any of the early activities described in the section as being exempt from CEQA compliance. Subsection (c) explains the purpose as shifting both the timing and the respon- sibility for preparing the EIR. Although the utility would ultimately pay for the cost, preparing the document would be the responsibility of the regulatory agency. 15272. CEQA does not apply to activities or approvals necessary to the bidding for, hosting or staging of, and funding or carrying out of, Olympic Games under the authority of the Intemational Olympic Committee, except for the construction of facilities neces- sary for such Olympic Games. If the facilities are required by the International Olympic Committee as a condition of being awarded the Olympic Games, the Lead Agency need not discuss the "no project" alternative in an EIR with respect to those facilities. Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 21080(b)(7), Public Resources Code. 15273. (a) CEQA does not apply to the establishment, modification, structuring, restruc- turing, or approval of rates, tolls, fares, or other charges by public agencies which the public agency finds are for the purpose of: (1) Meeting operating expenses, including employee wage rates and fringe benefits, (2) Purchasing or leasing supplies, equipment, or materials, (3) Meeting financial reserve needs and requirements, (4) Obtaining funds for capital projects, necessary to maintain service within existing service areas, or Appendix III --.CEQA Guidelines and Discussions (5) Obtaining funds necessary to maintain such intra-city transfers as are authorized by city charter. (b) Rate increases to fund capital projects for the expansion of a system remain subject to CEQA. The agency granting the rate increase shall act either as the Lead Agency if no other agency has prepared environmental documents for the capital project or as a Responsible Agency if another agency has already com- plied with CEQA as the Lead Agency. (c) The public agency shall incorporate written findings in the record of any pro- ceeding in which an exemption under this section is claimed setting forth with specificity the basis for the claim of exemption. Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 21080(b)(8), Public Resources Code. Discussion: This section identifies and interprets the exemption that applies to the adoption of rates, tolls, fares, and other charges. The section spells out the provisions of the statutory exemption for these charges and in summary form provides an interpreta- tion of the kinds of rate increases that still remain subject to CEQA. The section also identifies the requirement to make written findings to support the claim that the rate change falls within the specific exemptions provided in this section. These findings are an unusual requirement with an exemption and need to be highlighted. 261 15274. (a) CEQA does not apply to actions taken prior to January 1, 1982, by a public Responses to agency Revenue Shortfalls (1) To implement the transition from the property taxation system in effect prior to June 1, 1978, to the system provided for by Article XIII A of the California Constitution (Proposition 13), or (2) To respond to a reduction in federal funds. (b) This exemption is limited to projects directly undertaken by any public agency and to projects which are supported in whole or in part through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies where the projects: (1) Initiate or increase fees, rates, or charges charged for any existing public service, program, or activity, or (2) Reduce or eliminate the availability of an existing public service pro- gram, or activity, or (3) Close publicly owned or operated facilities, or (4) Reduce or eliminate the availability of an existing publicly owned transit service, program, or activity. Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 21080(b)(9), Public Resources Code. Discussion: This section identifies the exemption for agency responses to revenue short- falls caused either by Proposition 13 or by cuts in federal funds. CEQA does not apply to the following mass transit projects: Specified Mass 15275. (a) The institution or increase of passenger or commuter service on rail lines or Transit Projects high -occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities; § 21080 ENVIRONMENTAL QUALITY § 21080.18. Inapplicability of division to closing of public school § 21080.19. Inapplicability of division to projects for restriping of streets or high- ways § 21080.21. Inapplicability of division to certain pipeline projects § 21081. Findings necessary for approval of project § 21081.5. Requisite findings; Substantial evidence rule § 21082. Public agencies' adoption of objectives, criteria, and procedures § 21082.1. Agency responsible for preparation of report § 21082.2. Determination whether project has significant effect on environment § 21083. Office's preparation and development of proposed guidelines; Transmis- sion to, and certification and adoption by, Secretary § 21083.2. Archaeological resources § 21083.3. Limited exemption for projects consistent with zoning or community plan; Standing to use § 21083.5. Guidelines to provide that impact statement prepared pursuant to federal law or Tahoe compact may be submitted in lieu of report required by this division § 21083.6. Waiver of time to prepare combined environmental impact report -envi- ronmental impact statement § 21083.7. Use of environmental impact statement as environmental impact report in event project requires both state report and federal statement § 21084. Guidelines' list of classes of exempt projects § 21085. Housing development projects; Prohibition against reduction of pro- posed number of units §§ 21085.5, 21085.6. [Repealed] § 21086. Request for addition or deletion of class of exempted projects, and review and determination thereon § 21087. Periodic review of, and changes in, guidelines § 21088. Distribution of guidelines for implementation of division to public agencies; Publication of bulletin § 21089. Fee from person proposing project § 21090. Activities deemed single project § 21090.1. Project separate and distinct from subsequent geothermal field develop- ment project § 21091. [No section of this number] § 21092. Public notice § 21092.1. Procedures following addition of significant new information after notice and consultation § 21093. Tiering of environmental impact reports § 21094. Use of tiered environmental impact report to examine later project Collateral References: Law Review Articles: Probable future projects: their role in environmental assessments under the Califor- nia Environmental Quality Act. (1981) 21 Santa Clara LR 727. § 21080. Projects to which this division applicable (a) Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved 470 by pub amendr the issL subdivi: prepara 21166). (b) Thi (1) Mii public (2) Em tain ser (3) Pro. to main damage area in Govern Divisior (4) Spe (5) Pro (6) Act powerp encumb or clesiE ment, ft powerpl subject other d progran by the mission. in whit provide. or othe impact, (7) Act staging the mitt construi (8) The approva which t operatin (2) purc ing fina, GENERALLY § 21080 by public agencies, including, but not limited to, the enactment and amendment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits and the approval of tentative ject om the subdivision maps of an environmental impact pursuant fos exempt r preparation Section 21166). (b) This division shall not apply to the following: (1) Ministerial projects proposed to be carried out or approved by public agencies. (2) Emergency repairs to public service facilities necessary to main- tain service. (3) Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster -stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code. (4) Specific actions necessary to prevent or mitigate an emergency. (5) Projects which a public agency rejects or disapproves. (6) Actions undertaken by a public agency relating to any thermal powerplant site or facility, including the expenditure, obligation, or encumbrance of funds by a public agency for planning, engineering, or design purposes, or for the conditional sale or purchase of equip- ment, fuel, water (except groundwater), steam, or power for a thermal powerplant, if the powerplant site and related facility will be the subject of an environmental impact report or negative declaration or other document, or documents, prepared pursuant to a regulatory program certified pursuant to Section 21080.5, which will be prepared by the State Energy Resources Conservation and Development Com- mission, by the Public Utilities Commission, or by the city or county in which the powerplant and related facility would be located; provided that the environmental impact report, negative declaration or other document, he action shalldescribeduments, this paragraph.environmental impact, if any,hosting or (7) Activities or approvals necessary to the bidding for, staging of, and funding or carrying out of, an Olympic games under the authority of the International Olympic Committee, except for the construction of facilities necessary for the Olympic games. (8) The establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies which the public agency finds are for the purpose of (1) meeting operating expenses, including employee wage rates and fringe benefits, (2) purchasing or leasing supplies, equipment, or materials, (3) meet- ing financial reserve needs and requirements, (4) obtaining funds for 471 § 21080 ENVIRONMENTAL QUALITY capital projects necessary to maintain service within existing service areas, ' or (5) obtaining funds necessary to maintain those intracity transfers as are authorized by city charter. The public agency shall incorporate written findings in the record of any proceeding in which an exemption under this paragraph is claimed setting for'h with specificity the basis for the claim of exemption. (9) Actions taken prior to January 1, 1982, by a public agency to implement the transition from the property taxation system in effect prior to June 1, 1978, to the system provided for by Article XIII A of the California Constitution. Those actions shall be limited to projects defined in subdivision (a) or (b) of Section 21065 which initiate or increase fees, rates, or charges charged for any existing public service, program, or activity; reduce or eliminate the availability of an existing public service, program, or activity; close publicly owned or operated facilities; or reduce or eliminate the availability of an existing publicly owned transit service, program, or activity. (10) All classes of projects designated pursuant to Section 21084. (11) A project for the institution or increase of passenger or com- muter services on rail or highway rights -of -way already in use, including modernization of existing stations and parking facilities. (12) A project for the institution or increase of passenger or com- muter service on high -occupancy vehicle lanes already in use, includ- ing the modernization of existing stations and parking facilities. (13) Facility extensions not to exceed four miles in length which are required for transfer of passengers from or to exclusive public mass transit guideway or busway public transit services. (14) A project for the development of a regional transportation improvement program or the state transportation improvement pro- gram. (15) Any project or portion thereof located in another state which will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 or similar state laws of that state. Any emissions or discharges that would have a significant effect on the environment in the State of California are subject to this division. (16) Projects undertaken by a local agency to implement a rule or regulation imposed by a state agency, board, or commission under a certified regulatory program pursuant to Section 21080.5. Any site - specific effect of the project which was not analyzed as a significant effect in the plan or other written documentation required by Section 21080.5 is subject to this division. (c) If a lead agency determines that a proposed project, not otherwise exempt from the provisions of this division, does not have a signifi- cant effect on the environment, the lead agency shall adopt a negative 472 GENERALLY § 21080 declaration to that effect. The negative declaration shall be prepared for the proposed project in either of the following circumstances: (1) There is no substantial evidence before the agency that the project may have 'a. significant effect on the environment. (2) An initial study identifies potentially significant effects on the environment, but (i) revisions in the project plans or proposals made by or agreed to by the applicant before the proposed negative declaration is released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (ii) there is no substantial evidence before the agency that the project, as revised, may have a significant effect on the environment. Added Stats 1983 ch 872 § 4, effective September 16, 1983, operative August 1, 1984; Amended Stats 1985 ch 392 § 2. Amendments: 1985 Amendment: Deleted (1) former subds (b)(17) and (b)(18) which read: "(17) A project for the granting of an easement or franchise for the use of highway or street rights -of -way for high-speed intercity passenger rail purposes. "(18) A project for the granting of a certificate of public convenience and necessity "for a railroad corporation whose primary business is the transportation of passengers, notwithstanding Sections 1001 and 1002 of the Public Utilities Code, except that the commission may require the applicant to submit information regarding energy requirements." ;and (2) former subd (d) which read: "(d) This section shall become operative on August 1, 1984." Former Section: Former § 21080, similar to the present section, was added by Stats 1972 ch 1154 § 2.3, effective December 5, 1972, amended by Stats 1976 ch 1312 § 8, Stats 1977 ch 845 § 1, effective September 17, 1977, ch 1045 § 1, ch 1200 § 22, Stats 1978 ch 356 § 1, effective July 5, 1978, ch 1093 § 2, Stats 1979 ch 337 § 1, effective July 27, 1979, ch 697 § 1, Stats 1980 ch 526 § 1, Stats 1981 ch 402 § 1, Stats 1982 ch 70 § 1, effective March 1, 1982, ch 1440 § 4, ch 1553 § 3, Stats 1983 ch 771 § 1, ch 872 § 1, effective September 16, 1983, ch 872 § 3, effective September 16, 1983, operative January 1, 1984, and repealed, effective August 1, 1984, by its own terms. Cross References: State agency, board or commission to file notice of approval of, or of the determina- tion to carry out, project: § 21108. Local agency to file notice of approval of, or of the determination to carry out, project: § 21152. "Project": § 21065. Exemption of specified regulatory programs from requirement of filing environmen- tal impact report: § 21080.5. Guidelines' list of classes of exempt projects: § 21084. Changes necessitating subsequent report: § 21166. Time for commencing action or proceeding alleging that a public agency has improperly determined that a project is not subject to the provisions of this division pursuant to subd (b) of this section: § 21167. Tax limitation initiative: Const Art XIII A. California Emergency Services Act: Gov C §§ 8550 et seq. Planning and Zoning Law generally: Gov C §§ 65000 et seq. Subdivision Map Act: Gov C §§ 66410 et seq. Collateral References: Witkin Summary (8th ed) Real Property §§ 40, 41. Cal Condo Handbook 2d (Hanna) §§ 22.3, 22.5, 22.9, 22.18. 473 AMENDMENT TO SETTLEMENT AGREEMENT AND RELEASE AND COVENANT NOT TO SUE Dated Sept. 30, 1992, Council Agenda of Oct 6, 1992. Between City of San Jacinto and Matich Corporation. There shall be added one sentence to the end of paragraph 3.(b) (entitled "Related Matter,") which sentence shall read as follows: Dated: "Nothing herein shall be construed to provide any release for the negligence or fault in construction by Matich, or of any right by City to claim contri- bution or indemnity as the result of any act or omission of Matich." Dated: City of San Jacinto Matich Corporation :rnd 82,2t7S9 01 'gro xrep Nndd 97:GO :GET-90-130 DISTRICT OFFICE 600 East Main Street San Jacinto, CA 92383-4398 Telephone (714) 654-2785 Fax (714) 654-2698 Sandra L. Shackelford District Superintendent K. William Marshall, Jr., Ed.D. Associate Superintendent Rod Stepleton, Ed.D. Assistant Superintendent Educational Services Hank Richardson Director, Personnel Services and Employee Relations October 6, 1992 The Honorable Francis Boykin Mayor of San Jacinto 312 East Main Street San Jacinto, California 92583 A GOOD PLACE TO LEARN BOARD OF TRUSTEES James Conner Cathy Hall Wilma Reaser Rose Salgado John Schouten SCHOOLS San Jacinto Preschool DeAnza Elementary Hyatt Elementary Park Hill Elementary San Jacinto Elementary Monte Vista Middle School San Jacinto High School Mt. View High School Dear Mayor Boykin: This letter is in response to information I received from Les Evans, Interim Director of Public Works, regarding the proposed water and sewer price increases. We are sympathetic to the City of San Jacinto's need for additional funds. Like the City of San Jacinto, it is difficult for our District in today's economic environment to provide for all the necessary infrastructure and needs required in the community we serve. However, with the limited information I have received from Mr. Evans it would appear that the San Jacinto Unified School District would experience an 84 percent increase in the cost of water alone. We are well into our budget year and such a major increase would most certainly require us to further cut books and supplies necessary for educating our children. The District would like to suggest inasmuch as we only received partial information on October 5, 1992, regarding the proposed increases, that any decision relating to increasing the cost of water and sewer rates be postponed. We respectfully request to have an opportunity to examine all relevant information as well as assess the impact on our District budget. K. William Marshall, Jr., Ed.D. Associate Superintendent KWM/wk cc: Sandra Shackelford, District Superintendent Pamela Easter, City Manager Trammell Ford, City Council Member Henry Hafliger, City Council Member Jan Leahy, City Council Member James Richards, City Council Member