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Agenda - Agenda Packets - Regular Meeting 12/16/1999
AGENDA REGULAR MEETING SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY December 16, 1999 - 7:00 P.M. Community Center 625 South Pico Avenue San Jacinto, California 1. CALL TO ORDER ROLL CALL INVOCATION : Pastor Randle Leeper, Faith Tabernacle, San Jacinto will give the invocation. PLEDGE OF ALLEGIANCE 2. SPECIAL PRESENTATIONS: 2.1 Mayor Williams will present a plaque recognizing former Treasurer Ken Shaw for service to the City of San Jacinto 2.2 Monthly Landscape Activity Report - Andre' Landscape Service, Inc. 2.3 Report on Esplanade Avenue traffic conditions. 3. 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. 4. REDEVELOPMENT AGENCY 4.1 Consider approval of the Five Year Redevelopment "Implementation Plan" for the San Jacinto and Soboba Redevelopment Plans (2000-2004) 4.2 Consider approval of RDA By -Law Amendment changing the time and place of meeting. 4.3 Consider approval of Minutes of Regular Meeting held December 2, 1999 5. CONSENT CALENDAR - CITY COUNCIL The matters listed under consent calendar are considered routine and will be enacted by one motion by City Council Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the City Council, staff or the public requests a specified item 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 (3) minutes. 5.1 Approve Warrant Register/Prepaid Checks (52853-52922) and Payroll Checks (12279-12347) 5.2 Approve Settlement with the Committee for Responsible Government in San Jacinto to dismiss Riverside Superior Court Cases Numbers: 327852 & 320302 5.3 Approve Settlement Agreement with Burke, Williams & Sorensen, LLP to dismiss Riverside Superior Court Case Number 320246, 5.4 Adopt Resolutions of the City of San Jacinto Numbers entitled: 99-57 Authorizing signers for bank accounts at the Bank of Hemet; 99-58 Authorizing a facsimile signature agreement for bank accounts at the Bank of Hemet; 99-59 Authorizing a wire transfer agreement between the City and the Bank of Hemet; and 99-60 Authorizing an agreement for automated clearing house origination services between the City and the Bank of Hemet 5.5 Approve Minutes of Regular Meeting of the City Council held on December 2, 1999 5.6 Approve Minutes of Work Session Meeting of the City Council held on December 2, 1999 5.7 Approve Treasurers Report for the month of November 1999 6. PUBLIC HEARING: 6.1 Consider approval of Conditional Use Permit Number 4-99 located at De Anza and Lyon Avenue. Applicant Maclin Markets, 7407 Riverside Drive, Ontario, California 91761. 6.2 Consider allocation of 2000-2001 (26th Year) Community Development Block Grant Program Funds. 7. CITY DEPARTMENTS 7.1 Consider appointment of Market Profiles to conduct a Market Feasibility and Absorption Study for County Facilities District Number 2. 7.2 Consider approval of Riverside County Flood Control Encroachment Permit, as modified, for Lake Park Bridge. 7.3 Consider approval of Riverside County Flood Control Encroachment Permit and insurance coverage for Mountain Avenue Bridge and Secondary Access to Tract 24907. 7.4 Provide direction to staff regarding Estudillo Restoration and Operation Strategic Plan 7.5 Consider adoption of Amendments to Rules of Procedure regarding order of business and meeting place. 7.6 Consider purchase of new voting display board 7.7 Consider retention of firm to conduct recruitment and selection process for the positions of City Manager, City Clerk, Chief of Police and Finance Director. 7.8 Consider commencement of a process leading to the adoption of City's Goals and Objectives. 7.9 Introduce Ordinance Number 1079 repealing Ordinance Number 373 and granting a Franchise to Southern California Edison Company for Electricity Distribution. 8. MAYOR/COUNCIL MEMBER REPORTS/DISCUSSIONS 9. CLOSED SESSION - Any unfinished business from the earlier meeting. 10. ADJOURNMENT CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land use made by the City Council as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final. It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact City Hall at (909) 487-7330, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. AGENDA REGULAR MEETING SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY December 16, 1999 - 7:00 P.M. Community Center 625 South Pico Avenue San Jacinto, California 1. CALL TO ORDER ROLL CALL INVOCATION : Pastor Randle Leeper, Faith Tabernacle, San Jacinto will give the invocation. PLEDGE OF ALLEGIANCE 2. SPECIAL PRESENTATIONS: 2.1 Mayor Williams will present a plaque recognizing former Treasurer Ken Shaw for service to the City of San Jacinto 2.2 Monthly Landscape Activity Report - Andre' Landscape Service, Inc. 2.3 Report on Esplanade Avenue traffic conditions. 3. 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. 4. REDEVELOPMENT AGENCY 4.1 Consider approval of the Five Year Redevelopment "Implementation Plan" for the San Jacinto and Soboba Redevelopment Plans (2000-2004) 4.2 Consider approval of RDA By -Law Amendment changing the time and place of meeting. 4.3 Consider approval of Minutes of Regular Meeting held December 2, 1999 5. CONSENT CALENDAR - CITY COUNCIL The matters listed under consent calendar are considered routine and will be enacted by one motion by City Council Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the City Council, staff or the public requests a specified item 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 (3) minutes. 5.1 Approve Warrant Register/Prepaid Checks (52853-52922) and Payroll Checks (12279-12347) 5.2 Approve Settlement with the Committee for Responsible Government in San Jacinto to dismiss Riverside Superior Court Cases Numbers: 327852 & 320302 5.3 Approve Settlement Agreement with Burke, Williams & Sorensen, LLP to dismiss Riverside Superior Court Case Number 320246, 5.4 Adopt Resolutions of the City of San Jacinto Numbers entitled: 99-57 Authorizing signers for bank accounts at the Bank of Hemet; 99-58 Authorizing a facsimile signature agreement for bank accounts at the Bank of Hemet; 99-59 Authorizing a wire transfer agreement between the City and the Bank of Hemet; and 99-60 Authorizing an agreement for automated clearing house origination services between the City and the Bank of Hemet 5.5 Approve Minutes of Regular Meeting of the City Council held on December 2, 1999 5.6 Approve Minutes of Work Session Meeting of the City Council held on December 2, 1999 5.7 Approve Treasurers Report for the month of November 1999 6. PUBLIC HEARING: 6.1 Consider approval of Conditional Use Permit Number 4-99 located at De Anza and Lyon Avenue. Applicant Maclin Markets, 7407 Riverside Drive, Ontario, California 91761. 6.2 Consider allocation of 2000-2001 (26th Year) Community Development Block Grant Program Funds. 7. CITY DEPARTMENTS 7.1 Consider appointment of Market Profiles to conduct a Market Feasibility and Absorption Study for County Facilities District Number 2. 7.2 Consider approval of Riverside County Flood Control Encroachment Permit, as modified, for Lake Park Bridge. 7.3 Consider approval of Riverside County Flood Control Encroachment Permit and insurance coverage for Mountain Avenue Bridge and Secondary Access to Tract 24907. 7.4 Provide direction to staff regarding Estudillo Restoration and Operation Strategic Plan 7.5 Consider adoption of Amendments to Rules of Procedure regarding order of business and meeting place. 7.6 Consider purchase of new voting display board 7.7 Consider retention of firm to conduct recruitment and selection process for the positions of City Manager, City Clerk, Chief of Police and Finance Director. 7.8 Consider commencement of a process leading to the adoption of City's Goals and Objectives. 7.9 Introduce Ordinance Number 1079 repealing Ordinance Number 373 and granting a Franchise to Southern California Edison Company for Electricity Distribution. 8. MAYOR/COUNCIL 9. CLOSED SESSION 10. ADJOURNMENT MEMBER REPORTS/DISCUSSIONS - Any unfinished business from the earlier meeting. CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land use made by the City Council as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final. It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact City Hall at (909) 487-7330, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. I, Cynthia A. Clarke, Deputy City Clerk of the City of San Jacinto, do hereby certify that I caused to be posted the foregoing agenda this 13th day of December, 1999, as required by law. AGENDA REGULAR MEETING SAN JACINTO CITY COUNCIL December 16, 1999 - 6:00 P.M. Community Center 625 South Pico Avenue San Jacinto, California 1. CALL TO ORDER ROLL CALL 2. SPECIAL PRESENTATIONS: NONE 3. 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. 4. REDEVELOPMENT AGENCY - NOT BEING HELD 5. CONSENT CALENDAR - CITY COUNCIL -NONE 6. PUBLIC HEARING: NONE 7. CITY DEPARTMENTS: NONE 8. MAYOR/COUNCIL MEMBER REPORTS/DISCUSSIONS - NONE 9. CLOSED SESSION 9.1 Public Employee Evaluation pursuant to Government Code Section 54957 Title: City Attorney 9.2 Conference with Legal Counsel on litigation pursuant to Government Code Section 54956.9 Park Manor vs City of San Jacinto, et al. U. S. District Court Case #CV98-7100 LGB (NANx) 9.3 Conference with Legal Counsel on litigation pursuant to Government Code Section 54956.9 (b) (3) (B) - CFD #2 Elliott Associates vs City of San Jacinto, Riverside Superior Court Case #309354 10.0 ADJOURNMENT It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact City Hall at (909) 487-7330, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. I, Cynthia A. Clarke, Deputy City Clerk of the City of San Jacinto, do hereby certify that I caused to be posted the foregoing agenda this 13th day of December, 1999, as required by law. AGENDA ITEM q. 1 STAFF REPORT TO: Honorable Mayor and Members of the City Council /k4 FROM: Tim\Hults, Planning Director DATE: December 16, 1999 SUBJECT: Five Year Redevelopment "Implementation Plan" for the San Jacinto and Soboba Redevelopment Plans (2000 - 2004) RECOMMENDATION Staff recommends that the City Council approve the 2000 - 2004 Redevelopment Implementation Plan for the San Jacinto and Soboba Redevelopment Projects. BACKGROUND On December 2, 1999, the Council conducted the required public hearing on the implementation plan. Testimony was received from the proponents of a board and care facility for the developmentally disabled that is proposed on the northwest corner of Main Street and Camino Los Banos. It was requested that the Redevelopment Agency assist in the construction of the off -site improvements required to be installed in conjunction with the facility. The estimated cost of the improvements on both Main Street and Camino Los Banos is approximately $59,000. The Agency Board agreed to assist with the improvements and directed Staff to add the project to the implementation plan. Additionally, the Agency Board directed Staff to add the preparation of a Housing Implementation Strategy to the implementation plan. Both items have been incorporated into the implementation plan, as directed. THE SAN JACINTO AND SOBOBA SPRINGS REDEVELOPMENT PROJECTS FIVE-YEAR IMPLEMENTATION PLAN (2000 — 2004) FIVE-YEAR HOUSING COMPLIANCE PLAN (2000-2004) I. INTRODUCTION Assembly Bill 1290 (AB 1290), which took effect on January 1, 1994, significantly amended Community Redevelopment Law by imposing a number of requirements on Redevelopment Agencies. One such requirement was the adoption of an "Implementation Plan" for each redevelopment project area. AB 1290 required initial implementation plans to be adopted by December 31, 1994. Additionally, the legislation requires subsequent implementation plans each five years thereafter for the life of the applicable redevelopment plan. On December 6, 1994, the San Jacinto Redevelopment Agency adopted its first implementation plan, for both the San Jacinto Redevelopment Plan and the Soboba Redevelopment Plan. In April, 1996, an amendment to the San Jacinto Redevelopment Plan took effect which added approximately 2,250 acres to the original 1,140 acre Plan. As a result of the amendment to the redevelopment plan, an amended implementation plan was adopted November 5, 1996. However, based upon current redevelopment law, the second San Jacinto and Soboba Redevelopment Implementation Plan needs to be adopted before December 31, 1999. The document to follow is intended to serve as the second implementation plan and is primarily based on the amended implementation plan that was adopted on November 5, 1996. Based upon law, redevelopment implementation plans are required contain the following elements: * The goals and objectives for the project area for the next five years. * The specific projects and expenditures to be made in the project area during the next five years. * An explanation on how the stated goals and objectives, projects, and expenditures will eliminate blight in the project area and meet the low and moderate income housing requirements. This implementation plan is not intended to be the finalized blueprint for all future projects listed in subsequent sections. This implementation plan is merely to identify the Agency's intentions and proposed projects over the five-year period of the implementation plan. Changes or shifts in market conditions could arise over the five- year period of the implementation plan that could alter the direction of the Agency. As a result, other projects that are not listed may be more appropriate to implement the goals of the Agency and Council at some time in the future. II. SAN JACINTO REDEVELOPMENT PLAN The San Jacinto Redevelopment Plan was adopted by the City Council in June, 1983, and encompasses about 1,140 acres. In April, 1996, a 2,253 acre expansion to the original 1,140 acre project area took effect. The San Jacinto Redevelopment Plan now encompasses some 3,393 acres in 27 sub areas spread throughout the City. Land uses include undeveloped vacant land, agriculture uses, commercial, industrial, and public utility properties, approximately 2,600 dwelling units, and miscellaneous rights -of way. III. SOBOBA SPRING RFDFVFJ OPMFNT PLAN The Soboba Springs Redevelopment Plan was adopted by the City Council in November, 1983, and encompasses approximately 465 acres. The project area is generally located east of the San Jacinto River, near Lake Park Drive and Soboba Road (see map). Current land uses in the project area include the Mountain View Homes development, and the Soboba Springs Country Club and Golf Course. The Soboba Springs Mobile Home Park is surrounded by the project area, but was not included in and is not now a part of the project area. IV. RI IF HLIIFFINITIONS This section of the Implementation Plan has been included to identify the legal blight definition at the time each plan was adopted. As defined by Sections 33031 and 33032 of the California Health and Safety Code, in 1983, the year both Redevelopment Plans were adopted, a blighted area was characterized by one or more of the following conditions: 1. Structural Blight The existence of buildings and structures used, or intended to be used, for living, commercial, industrial, or other purposes, or any combination of such uses which are unfit or unsafe to occupy for such purposes and are conductive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime because of any one or a combination of the following factors: a. Defective design and character of physical construction; b. Faulty interior arrangement and exterior spacing; c. High density of population and overcrowding; d. Inadequate provision for ventilation, light, sanitation, open spaces, and recreational facilities; and/or e. Age, obsolescence, deterioration, dilapidation, mixed character, or shifting of uses. 2 2. Economic Blight Properties that suffer economic dislocation, deterioration, or disuse because of one or more of the following factors: a. An economic dislocation, deterioration or disuse resulting from faulty planning; b. The subdividing and sale of lots of irregular form and shape and inadequate size for proper usefulness and development; c. The laying out of lots in disregard of the contours and other topography or physical characteristics of the ground and surrounding conditions; d. The existence of inadequate public improvements, public facilities, open spaces, and utilities which cannot be remedied by private or governmental action without redevelopment.; e. A prevalence of depreciated values, impaired investments, and social and economic maladjustment; and/or; f. The existence of Tots or other areas that are subject to being submerged by water provided that any ecologically valuable existing features in such areas shall, to be maximum extent feasible, be preserved. Such conditions, one or more, must cause the following: 1. A reduction of, or lack of, proper utilization of the area; 2. To such an extent that it constitutes a serious physical, social, or economic burden on the community; 3. Which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone. V JMPLFMENTATION PLAN GOALS AND OBJECTIVFS The primary reason for the establishment of Redevelopment Project Areas is the need to eliminate blight within Project Area boundaries including problems relative to circulation, inadequate community infrastructure, and to assist the private sector in providing the type of development that will maximize the development of property within the Project Area boundaries and prevent the recurrence of the blight conditions. The following represent the goals and objectives of the Redevelopment Agency, as stated in the each of the Plans, to alleviate blight conditions in each of the project areas: 1. The development of property in a creative, coordinated land use pattern of commercial, industrial, residential, open space, recreational, and public facilities consistent with the goals, policies, objectives set forth in the adopted General Plan, Zoning Ordinance, and the approved specific plan for the area (Soboba Springs). 2. The development of public services and facilities including, but not limited to, recreational, maintenance, and operational services and facilities as are necessary and required for the development of each of the project areas. 3. The elimination of environmental deficiencies including inadequate street improvements, inadequate utility systems, and inadequate public services; and mitigation of highway impacts, including deficient circulation facilities, and its potential social, physical, and environmental characteristics of blight. 4. The development of a more efficient and effective circulation system free of hazardous conditions. 5. Beautification activities to eliminate all forms of blight including, but not limited to, visual blight, in order to encourage community identity. 6. The encouragement, promotion, and assistance in the development and expansion of local commerce. 7. The acquisition, assemblage, and/or disposition of sites of usable and marketable sizes and shapes for residential, open space, recreational and public facility development within each of the project areas. 8. The acquisition and disposition of property for the purpose of providing relocation housing, as may be required, to implement the objectives of this Plan. 9. To provide for very low, low, and moderate income housing as required by law consistent with the goals and objectives of the community. 10. To encourage the coordination, cooperation, and assistance of other local agencies, as may by deemed necessary, to ensure that projects undertaken by this Agency are implemented to their fullest and practical extent. 4 11. The achievement of a physical environment reflecting a high level of concern of architectural and urban design principals deemed important by the community. 12. To provide a procedural and financial mechanism by which the Agency can assist, complement, and coordinate public and private development, redevelopment, revitalization, and enhancement of the community. VI. PROPOSED PROJECTS San Jacinto Redevelopment Project Many of the general projects listed for the San Jacinto Redevelopment Project Area are related to the City's housing program. While general Redevelopment funds may be used to implement these improvements, some may be funded with housing money. The Implementation Plan proposes the following projects for the San Jacinto Redevelopment Project Area: 1. Infrastructure Improvement Projects a. Sallee Park Improvements. Estimated timing of project, Fiscal Year 2001/2002. Estimated cost up to $755,000, depending on the ultimate improvements chosen. b. Curb, gutter, and sidewalk on Santa Fe between Seventh and Esplanade. This project is related to the Tenth Street Demonstration Neighborhood housing project. Estimated timing of project, Calendar Year 2002. Estimated cost $200,000. c. Acquisition and improvement of a 5-acre site for construction of a park in the Tenth Street Demonstration Neighborhood. Timing of project to occur in multi -year phases, from Calendar Year 2002 through 2004. Estimated cost up to $750,000, depending on the ultimate improvements chosen. d. Main Street infrastructure improvements, including landscaping, lighting, and American with Disabilities Act access improvements. Estimated timing of the project, Fiscal Years 2001/2002 and 2002/2003. Estimated cost $250,000. e. Install missing infrastructure, including curb, gutter, sidewalk and street lights in the First Street Target Area. Estimated timing of the project, Calendar Years 2001 - 2004. Estimated cost $150,000. 5 g. Install sewer, water, curb, gutter, sidewalk, and median in the vicinity of the intersection of Sanderson Avenue and the Ramona Expressway, and participate in the construction of related flood control improvements in this area. Estimated timing of the project is phased from Fiscal Year 1999/2000 through Fiscal Year 2002/2003. Estimated cost $4,000,000. Install median landscaping in La Entrada, at the intersection of La Entrada and San Jacinto Avenue. Estimated timing of the project is Fiscal Year 2000/2001. Estimated cost $50,000. 2. Miscellaneous Projects a. Installation of various traffic signals. Potentially located as follows: 1. Hewitt Street and Commonwealth Avenue 2. San Jacinto Avenue and Commonwealth Avenue 3. Seventh Street and Santa Fe Avenue 4. Main Street, Ramona Boulevard, and San Jacinto Avenue (Five -Points) Estimated timing of project is undetermined; installation of individual traffic signals will vary based upon warrants. Estimated cost $600,000. b. Provide commercial rehabilitation loans to downtown merchants for rebuilding or construction of storefronts. This is an ongoing project, and funds will be dispersed throughout the implementation plan cycle. Estimated cost over 5 years $250,000. c. Provide business development loans and grants to allow businesses to locate, expand and increase employment opportunities. Estimated cost over 5 years $250,000. d. Creation and Adoption of the General Plan. Estimated timing of the project is Fiscal Year 2000/2001. Estimated cost $75,000. e. Installation of various missing sidewalk links and handicap ramps throughout the project area. Estimated timing of project is the life of the implementation plan Estimated cost $600,000. f. Installation of entry monument at the intersection of Ramona Expressway and Sanderson. Estimated timing of the project is Fiscal Year 2000/2001. Estimated cost $50,000. 6 3. Potential Projects These are potential private development assistance projects, where the date and extent of assistance could only be determined after negotiation with respective property owners. a. Assist with the restoration of the Vosburg Hotel, including the provision of or reconstruction of adjacent infrastructure. 4. Housing Projects a. Provide for quality low and moderate income housing for the community. Due to the low fund balance and tax increment generation rate of the Soboba Springs Project, the housing funds from the both project areas have been combined to provide a more comprehensive housing strategy. A section to follow will discuss the overall City housing strategy, addressing both project areas. b. Housing Element for the General Plan. Create and adopt Housing Element to State standards. Estimated costs $75,000. c. Housing Implementation Strategy. Create and adopt a Housing Implementation Strategy. Estimated costs $50,000. Soboba Springs Redevelopment Project The Redevelopment Implementation Plan proposes the following projects for the Soboba Springs Redevelopment Project Area: 1. Circulation Improvement Projects Construct a bridge across the San Jacinto River at Lake Park Drive, including any necessary roadway extensions. Estimated timing of project, Fiscal Year 1999/2000. Estimated cost $7,000,000. 7 2. Housing Projects Provide for quality low and moderate -income housing for the community. As stated previously, housing funds from the Soboba Springs Redevelopment Project Area have been combined with those from the San Jacinto Redevelopment Project Area to provide a more comprehensive housing strategy for the entire City. The section to follow will discuss the overall City housing strategy, addressing both project areas. Please note, the projected expenditures noted above for both project areas far exceed the amount of projected tax increment for the next five years. As a result, the Agency will utilize funds for the targeted activities from a variety of sources, including carryover of unexpended funds from previous years, proceeds from bond sales, federal and/or state grant monies, and recapture of agency expended dollars from repayment of loans and other construction. VII. HOUSING Compliance Plan Since January 1, 1995, 70 dwellings have been constructed in both Redevelopment Project Areas. Based upon Health and Safety Code Section 33413, 11 of these units are required to be income restricted by some form of covenant, regulation, or agreement. In addition, a total of 5 of these units must be available to, and occupied by, persons or families of very low income. To date, 18 dwellings have been income restricted as required above, and 6 of these units are occupied by persons of very low income. It should be noted however, that while the law requires formal income restricted units, the great majority of housing in San Jacinto is priced at very affordable levels. New and previously occupied single-family dwellings can be purchased at prices ranging from $95,000 to $145,000. Based upon the County median income for a family of four of $47,200, both low ($37,760) and moderate ($56,640) income families would qualify to purchase homes at these prices. Rents in the City range from $450 for a one -bedroom apartment, $525 for a 2 bedroom duplex, and $650 for a 3 bedroom home. These rents are at a rate that very low-income persons ($16,500) and families ($23,600), spending one-third of their gross income on housing, can afford. Five -Year Housing Development Projections Anticipated Development Projects Calendar Years 2000 - 2004 During the next five years, it is anticipated that about 450 dwellings will be built in the two project areas. Based upon Redevelopment law, 68 of these units shall be income restricted. Of the new units constructed in the project areas, twenty-seven must be available and occupied by very -low income residents. Deed restrictions or an acceptable agreement format will be utilized to ensure the appropriate number of dwellings are reserved as affordable units. Anticipated RDA Assisted Development Projects Calendar Year 2000 - Projected Tax Increment = $380,000 1. Seventh and Las Rosas Acquisition of five acres of vacant land zoned for medium density residential development. Initiate the installation of off -site improvements, such as street widening, curb, gutter and sidewalk. Estimated cost $135,000. 2. Main and Camino Los Banos Assist with the installation of off -site improvements, such as street widening, curb, gutter and sidewalk. Estimated cost $60,000. Calendar Year 2001 - Projected Tax Increment = $395,000 1. Seventh and Las Rosas Solicit proposals for the construction new single-family dwellings, and install related infrastructure improvements. All of the units will be income restricted via an agreement with the future property owners and deed restrictions. Estimated cost $430,000. 9 Calendar Year 2002 - Projected Tax Increment = $410,600 1. Tenth Street Demonstration Neighborhood Begin Tenth Street Demonstration Neighborhood project. Property acquisition, private home rehabilitation loans and grants, and infrastructure improvements as noted above under San Jacinto Redevelopment Plan infrastructure improvements. Estimated cost $165,000. Calendar Year 2003 - Projected Tax Increment = $427,000 1. Tenth Street Demonstration Neighborhood Continuation and completion of Tenth Street Demonstration Neighborhood project. Construction of new streets throughout the neighborhood, including curb, gutter, and sidewalk, and a 5 acre park as noted above under San Jacinto Redevelopment Plan infrastructure improvements. Estimated cost $300,000. Calendar Year 2004 - Project Tax Increment = $440,000 1. First Street Target Area Begin First Street Target Area project. Property acquisition and infrastructure improvements as noted above under San Jacinto Redevelopment Plan infrastructure improvements. Estimated cost $135,000. Miscellaneous Programs 1. Residential Loan/Grant Program This program would provide for combination loans and grants to a maximum of $5000 for both owner occupied dwellings and rental dwellings. Interest and term of the loans will vary based on income level. Very low-income households will be eligible for deferred loans, where the principal of the loan is only due upon the sale, transfer or refinancing of the unit. Low-income households would be eligible for no interest loans payable over a 10-year term. Moderate -income households would be eligible for loans at 3 percent interest, with the same ten-year term. 10 Rental rehabilitation loans would be available at low interest rates (about 7%), and the rental owner would be required to offer rents within the very low and low-income rental guidelines. Estimated cost over 5 years to be $200,000. 2. Mortgage Assistance Program/2nd Trust Deed Program This on -going program would assist first-time homebuyers by providing part of the down payment for home purchases. The maximum amount of an Agency 2nd trust deed would be $7,500. Estimated cost over 5 years to be $337,000. Please note that the projected expenditures do not correspond to the projected tax increment during any one year. This is due to the fact the funds for the targeted activities are to be provided from a variety of sources, including carryover of unexpended funds from previous years and recapture of agency expended dollars from repayment of loans and home construction. VIII. ALLEVIATION OF BLIGHTING CONDITIONS The Agency proposes the implementation of the projects noted above to provide a comprehensive program to stimulate new development and property rehabilitation in each of the project areas. The programs detailed above include: 1. Acquisition of land adversely impacted by irregular parcelization. 2. Rehabilitation programs and new development activities to improve the City's stock of low and moderate -income housing. 3. Rehabilitation and construction of infrastructure. 4. Programs to rehabilitate old or obsolete structures to accommodate modern uses. 5. Enhancing the business community and community economic base. Successful implementation of the above projects will result in expanded economic activity in the City and the project areas. Such activity will increase the number of local employment opportunities, expand the City tax base for the support of essential services, and reduce the costs to the community in providing such services. In addition, implementation of the above projects will alleviate detrimental physical conditions, including the need for re-parcelization, replacement of deteriorating and dilapidated land uses, and providing the needed public improvements for both project areas. 11 NOTICE OF BY — LAWS AMENDMENT REDEVELOPMENT AGENCY City of San Jacinto NOTICE IS HEREBY GIVEN that the following amendment to the by -Laws of the Redevelopment Agency will be consider at their meeting to be held on December 16th 1999: Proposed Amendment: "Regular meetings shall be held in the Council Chamber, located at 2045 South San Jacinto Avenue, San Jacinto, Califomia. Agency closed sessions may be held at 6:00 p.m. on the first and third Thursdays in conjunction with City Council closed sessions pursuant to the provisions of the Brown Act. Agency Regular meetings shall be held immediately following the Regular City Council Meetings or as such meetings may be adjourned from time to time. The secretary may cancel a meeting for the lack of substantive agenda items, or due to a lack of a quorum to another date and time certain. " 6 December 1999 Beti An Hyn-., Secretary MINUTES SAN JACINTO CITY COUNCIL AND THE REDEVELOPMENT AGENCY Regular Meetings - December 2, 1999 Community Center 625 South Pico Avenue San Jacinto, California 1. CALL TO ORDER Mayor Williams called the regular City Council meeting to order at 7:13 p.m with the following members present: Ayers, Carlson Buydos, Conner and Williams Absent: Council Member Good Mayor Williams reported on the work session meeting and Council's direction for staff to negotiate an agreement with Parsons Brinckerhoff Construction Services, Inc. for construction management services on the Main St. Bridge project. The invocation was given by Rev. Ron Roberson of the Shepherd's House The pledge of allegiance was led by Council Member Conner. 2. SPECIAL PRESENTATIONS: None 3. PUBLIC COMMENTS: None 4. REDEVELOPMENT AGENCY 4.1 Agency President Williams called the RDA to order and opened the public hearing on the RDA Implementation Plan at 7:16 p.m. Planning Director Hults summarized his staff report dated December 2, 1999. He indicated the public noticing requirements had been met and the plan should be adopted by the end of the year. There were no questions from Council. Mr. Gary Cane, President, Valley Foundation for the Developmentally Disabled, read and submitted his letter dated December 2, 1999, requesting funds to improve their facility. The Foundation's residential care facility is located at Main Street and Camino Las Banos in San Jacinto. Jim Fredericks, Valley Foundation for the Developmentally Disabled, supported the request for funding and estimated the total project cost for Phase I at $550,000.00. Agency President Williams closed the hearing at 7:26 p.m. Planning Director Hults answered questions for clarification from the Agency. A short discussion was held regarding: Sallee Park improvements, identifying a December 2, 1999 housing strategy, including updating the Housing Element of the General Plan, application of credits to housing set asides for housing in an project area vs outside a project area and the Valley Foundation's request. AGENCY CONSENSUS resulted in direction to staff to bring the item back on December 16, 1999. 4.2 Agency President Williams called on Executive Director Mocalis who presented revised language to the RDA By -Laws. Following discussion the Agency directed staff to bring the matter back with the proposed change of meeting place. Agency President Williams adjourned the Redevelopment Agency at 7:38 p.m. CLOSED SESSION REPORT: City Attorney Aleshire reported on the following closed session items: (9.1) Conference with Legal Council on litigation pursuant to Government Code Section 54956.9 (b) (3) (B) - The People of the State of California, on relation Francis Boykin et.al vs. Michael Hanavan, and (9.3) Committee for Responsible Government in San Jacinto, Francis Boykin, Robert Otta et al vs Pamela Lee, City Clerk for San Jacinto et al, Riverside Superior Court Case Number 320246 and 320302 were not held. (9.2) Conference with Legal Counsel on litigation pursuant to Government Code Section 54956.9 Park Manor vs City of San Jacinto et al, US District Court Case Number CV98-7100 LGB (NANx) was not discussed. (9.4) Conference with Legal Council on litigation pursuant to Government Code Section 54956.(b) (3) (B) - CFD#2 Elliott Associates vs City of San Jacinto, Riverside Superior Court Case Number 309354 was discussed, but no action taken. Council Member Conner and Mayor Williams were not in chambers during closed session discussion of the item. 5. CONSENT CALENDAR - CITY COUNCIL 5.1 Warrant Register approved. 5.2 Claim Number JS9809-01 (Gouin Excavating) rejected. 5.3 Claim Number JS0003-01 (Sterling Casualty Insurance Company) rejected. 5.4 Ordinance No. 1078 adopted. 5.5 Minutes of Special Joint Meeting, October 28, 1999 approved. 2 December 2, 1999 5.6 Minutes of Regular Meeting, November 4, 1999, approved as amended to correct page 2, item 4.1, last sentence: change the final portion to read ...but they were never produced. Page 3, item 5.2, second sentence of Mayor's comment, change the final portion to read: ...sent a very damaging letter. Page 4, item 6.1, paragraph 4: identify Legal Counsel as Assistant City Attorney Traynum. 5.7 Minutes of Special Work Session, November 18, 1999, approved. 5.8 Minutes of Regular Meeting, November 18, 1999, approved 5.9 Settlement agreement in the matter of Thomas F. White v. City of San Jacinto approved. Following discussion for the purpose of clarification of consent items the Council took action. Moved by Ayres and seconded by Williams to approve the consent calendar items 5.1 thru 5.5 and 5.7 thru 5.9, as presented and item 5.6 as corrected. Ayes: Ayres, Carlson Buydos, Connor and Williams Noes: None Absent: Good 6. PUBLIC HEARING: None 7. CITY DEPARTMENTS 7.1 Mayor Williams called on City Clerk Hynes who summarized her staff report on Amendments to Rules of Procedure dated 2 December 1999. Following discussion, item 2.1 was amended to reflect "10 days prior" for submittal of agenda items. The Consent Calendar was moved to follow City Departments by consensus of the Council. 7.2 Mayor Williams called on City Manager Mocalis who led staff in reporting their Y2K readiness. Kevin Turner, CDF; and Commander Backlund, San Jacinto Police Department Emergency Services Coordinator gave verbal reports outlining the precautions taken. City Manager Mocalis reviewed written reports from Water, Streets and Parks Departments and Dale Stubblefield, Information Planner. He noted CDF's plans to provide extra man -power on New Year's Eve and that there a couple of traffic signals which are still being work on. 8. MAYOR/COUNCIL MEMBER REPORTS/DISCUSSIONS 8.1 Mayor Williams presented the following appointments to City Council Sub Committees: Council Ad Hoc Subcommittees: CDBG Review: Education: General Plan Review Highway 79 Realignment: Lake Park Bridge: Refuse/Recycling: San Jacinto Levees: Virginia Lee Hotel: Mayor Williams Vice -Mayor Ayres Vice -Mayor Ayres Council Member Conner Information Planner Stubblefield Council Member Carlson Buydos Vice -Mayor Ayres Council Member Carlson Buydos Vice -Mayor Ayres Mayor Williams Council Member Conner Mayor Williams Council Member Conner Mayor Williams Council Member Conner Council Member Conner Vice -Mayor Ayres Council Standing Subcommittees: Budget: Community Center Activities Economic Development: Historic Preservation: Public Safety: Outside Committees: Chamber Liaison: Childcare Consortium: Deleted : Council Member Good Council Member Carlson Buydos Vice -Mayor Ayres Council Member Carlson Buydos Vice -Mayor Ayres Council Member Conner Information Planner Stubblefield Deleted Vice -Mayor Ayres Council Member Carlson Buydos Vice -Mayor Ayres Planning Director Hults December 2, 1999 December 2, 1999 EMWD Planning Task Force: Council Member Conner Groundwater Association: Healthy Communities: Heritage Project Liaison: RCTC: RTA: Ramona Pageant: One Stop Career Center: Riverside County/City Selection: Riverside County Disaster Council: Riverside County Free Library Advisory Committee: San Jacinto Disaster Council: Senior Issues & Senior Housing Committee: Tribal Council Liaison: VEDC: Council Member Conner Council Member Good Council Member Conner Council Member Good Council Member Carlson Buydos Information Planner Stubblefield Mayor Williams - Primary Council Member Carlson Buydos - Alternate Mayor Williams - Primary Vice -Mayor Ayres - Alternate Council Member Conner Council Member Good Planning Director Hults Mayor Williams Council Member Carlson Buydos Council Member Good Vice -Mayor Ayres Information Planner Stubblefield Mayor Williams SJ Police Dept Commander Backlund City Manager Mocalis Finance Director Kaenel Planning Director Hults Riverside County Fire Battalion Chief Council Member Good Planning Director Hults Mayor Williams Vice -Mayor Ayres Council Member Conner Planning Director Hults December 2, 1999 Valley Youth Task Force: Vice -Mayor Ayres Council Member Good WRCOG: Mayor Williams - Primary Council Member Conner - Alternate Water Issues: Council Member Conner SCE Franchise: Council Member Conner Council Member Good Moved by Ayres and seconded by Williams, to approve Mayor William's appointments to the subcommittees. Ayes: Ayers, Carlson Buydos, Connor and Williams Noes: None Absent: Good 8.2 Change of Council Venue Mayor Williams reported he was approached by SJUSD regarding use of the District's Meeting room by the City Council. He said the School Board president was supportive. Mayor Williams said he wanted to begin meeting there in January and asked the item be brought before the Council on December 16t. He also asked that the purchase of a new vote display board be considered. 8.3 Main Street Bridge Groundbreaking. Mayor Williams reported the groundbreaking for the Main Street Bridge would be in early February and appointed Vice Mayor Ayres and City Clerk Hynes to coordinate the event. 8.4 City Manager Recruitment Update Mayor Williams asked for an item regarding City Manager recruitment be brought back to Council on December 16t. RECESS Mayor Williams called a recess at 8:24 p.m. and reconvened the City Council in closed session at 8:41 p.m. with all members present except Council Member Good. .9. CLOSED SESSION : At the hour of 9:54 PM, Council reconvened in open session and City Attorney Aleshire reported on the following closed session items: 6 December 2, 1999 (9.1) Conference with Legal Council on litigation pursuant to Government Code Section 54956.9 (b) (3) (B) - The People of the State of California, on relation Francis Boykin et.al vs. Michael Hanavan, and (9.3) Committee for Responsible Government in San Jacinto, Francis Boykin, Robert Otta et al vs Pamela Lee, City Clerk for San Jacinto et al, Riverside Superior Court Case Number 320246 and 320302 ; and (9.2) Conference with Legal Counsel on litigation pursuant to Government Code Section 54956.9 Park Manor vs City of San Jacinto et al, US District Court Case Number CV98-7100 LGB (NANx) were discussed and no action was taken. (9.4) Conference with Legal Council on litigation pursuant to Government Code Section 54956.(b) (3) (B) - CFD#2 Elliott Associates vs City of San Jacinto, Riverside Superior Court Case Number 309354 was reported earlier in the meeting. 10. ADJOURNMENT Mayor Williams adjourned the meeting at 10:18 p.m. with all members present except Council Member Good. Cynthia A. Clarke Deputy City Clerk 7 A5.1 STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: George Kaenel-Interim Finance Director RE: Approval of Warrant Register, Prepaid Checks and Payroll Checks DATE: December 15, 1999 RECOMMENDTION: It is respectfully requested that the City Council approve the warrant register for the warrants and prepaid items and payroll checks issued since the last Council Meeting. The following are the warrant and check #'s for this cycle: Warrant/Prepaid #'s Cycle Date Payroll Checks Cycle Date 52853-52922 December 15, 1999 12279-12347 December 15, 1999 BACKROUND: A detailed listing of accounts payable warrants and prepaid checks are attached for Council review and approval. Prepaid checks are marked by an asterisk. Payroll information is available for Council review in the Finance Department. PREPARED12/08/1999, 13:20:14 PROGRAM: GM346L Bank of Hemet BANK 00 Bank of Hemet ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 1 ACCOUNTING PERIOD 2000/06 REPORT NUMBER 12 CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 52105* 2399 CHRISTIE STEEL FABRICATIO 000915 09/15/1999 021-4150-410.33-30 64.65- 64.65- * VOIDED 52177* 1022 RIVERSIDE CO. SHERIFFS 001316 09/17/1999 010-3100-431.31-20 50.00- 50.00- * VOIDED 52184* 2538 ERIC CRYAR 001323 09/17/1999 065-0000-201.06-15 40.00- 40.00- * VOIDED 52372* 635 J & R CONCRETE PROD. INC. 001081 09/30/1999 050-9000-450.33-30 90.08- 001139 09/30/1999 050-9000-450.33-30 90.08- 180.16- * VOIDED 52385* 2543 LOUD & CLEAR 001203 09/30/1999 010-3100-431.33-50 161.04- 161.04- * VOIDED 52853* 2792 ROBERT A. LAVIN 002240 11/29/1999 050-9000-450.10-01 300.56 002241 11/29/1999 055-4170-450.10-01 53.04 353.60 * 353.60 52854* 1037 KEN SOUTHERN 002242 11/29/1999 065-0000-201.06-15 476.00 476.00 * 476.00 52855* 1704 CHRIS HOLBROOK 002243 11/29/1999 065-0000-201.06-15 80.00 80.00 * 80.00 52856* 947 ALAMEDA COUNTY SHERIFF DE 002244 11/29/1999 065-0000-201.06-15 128.00 128.00 * 128.00 52857* 995 AFLAC 002245 11/29/1999 085-0000-202.21-27 1,808.83 1,808.83 * 1,808.83 52858* 377 UNITED WAY OF HEMET 002246 11/29/1999 085-0000-202.21-80 127.38 127.38 * 127.38 52859* 2783 PRE -PAID LFJAT SERVICES, 002247 11/29/1999 085-0000-202.21-87 149.60 149.60 * 149.60 52860* 828 PUBLIC EMP. ASSOC. 002248 11/29/1999 085-0000-202.21-87 97.96 97.96 * 97.96 52861* 912 S.J. POLICE ASSOCIATION 002249 11/29/1999 085-0000-202.21-42 1,506.00 1,506.00 * 1,506.00 52862* 691 LINCOLN NATIONAL 002250 11/29/1999 085-0000-202.21-29 2,221.63 2,221.63 * 2,221.63 52863* 607 ICMA RETIREMENT TRUST 002251 11/29/1999 085-0000-202.21-29 388.46 388.46 * 388.46 52864* 607 ICMA RETIREMENT TRUST PREPARED12/08/1999, 13:20:14 PROGRAM: GM346L Bank of Hemet BANK 00 Bank of Hemet ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 2 ACCOUNTING PERIOD 2000/06 REPORT NUMBER 12 CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 52864* 607 ICMA RETIREMENT TRUST 002252 11/29/1999 085-0000-202.21-28 14,622.31 14,622.31 * 14,622.31 52865* 526 GENERAL TELEPHONE CO. 002253 11/30/1999 010-2500-425.35-16 321.19 002254 11/30/1999 010-3100-431.35-16 334.87 002255 11/30/1999 010-7400-425.35-16 140.52 002256 11/30/1999 025-7252-410.35-16 194.69 002257 11/30/1999 021-4150-410.35-16 102.94 002258 11/30/1999 055-4170-450.35-16 15.01 002259 11/30/1999 010-2500-425.35-16 539.65 002260 11/30/1999 010-3100-431.35-16 546.26 002261 11/30/1999 050-9000-450.35-16 117.95 002262 12/15/1999 010-2500-425.35-16 160.59 002263 12/15/1999 010-3100-431.35-16 586.22 002264 12/15/1999 025-7252-410.35-16 .92 002265 12/15/1999 055-4170-450.35-16 82.48 002266 12/15/1999 050-9000-450.35-16 50.12 3,193.41 * 2,313.08 52866* 447 SO. CALIFORNIA EDISON CO. 002267 11/30/1999 025-7260-410.35-14 2,443.57 002268 11/30/1999 025-7250-410.35-14 1,466.70 002269 11/30/1999 025-7252-410.35-14 941.78 002270 11/30/1999 010-2500-425.35-14 1,030.99 002271 11/30/1999 010-6100-425.35-14 46.14 002272 11/30/1999 021-4150-410.35-14 44.28 002273 11/30/1999 025-7100-410.35-14 1,473.49 002274 11/30/1999 050-9000-450.35-14 20,338.01 002275 11/30/1999 010-3100-431.35-14 1,234.43 002276 11/30/1999 050-9000-450.35-14 34.42 002277 11/30/1999 010-7400-425.35-14 988.98 002278 11/30/1999 025-7251-410.35-14 14.26 002279 11/30/1999 025-7260-410.35-14 1,201.02 31,258.07 * 31,258.07 52867* 947 ASSESSMENT SYSTEMS INC. 002280 12/03/1999 010-3300-431.31-20 170.00 170.00 * 170.00 52868* 947 MIKE KHAMIS 002281 12/03/1999 096-9700-470.40-01 5,000.00 5,000.00 * 5,000.00 52870 931 AL'S KUBOTA TRACTOR LAWNM 002210 12/15/1999 025-7250-410.33-30 237.00 237.00 * 237.00 52871 924 ALL PURE CHEMICAL 002233 12/15/1999 050-9000-450.33-30 1,760.07 1,760.07 * 1,760.07 52872 991 AT & T 002199 12/15/1999 025-7252-410.35-16 22.33 002200 12/15/1999 025-7252-410.35-16 8.25 002232 12/15/1999 050-9000-450.35-16 5.26 002239 12/15/1999 025-7252-410.35-16 22.33 PREP2RED12/08/1999, 13:20:14 PROGRAM: GM346L Bank of Hemet BANK 00 Bank of Hemet ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 3 ACCOUNTING PERIOD 2000/06 REPORT NUMBER 12 CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 52872 991 AT & T 58.17 * 58.17 52873 176 AWWA 002214 12/15/1999 050-9000-450.31-20 35.00 35.00 * 35.00 52874 985 B & W PIPE & SUPPLY 002196 12/15/1999 055-4170-450.21-80 65.62 002211 12/15/1999 025-7250-410.33-30 102.90 002212 12/15/1999 025-7250-410.33-30 14.88 183.40 * 183.40 52875 947 BARNES AWARDS & ENGRAVING 002236 12/15/1999 010-1100-411.21-10 107.75 107.75 * 107.75 52876 150 BLUE RIBBON PLUMBING 002187 12/15/1999 010-7400-425.33-10 72.52 72.52 * 72.52 52877 242 C.E.D. 002198 12/15/1999 025-7250-410.21-25 243.29 002234 12/15/1999 050-9000-450.33-30 5.15 248.44 * 248.44 52878 216 CAR WASH DEPOT 002223 12/15/1999 010-3100-431.33-50 17.50 17.50 * 17.50 52879 2455 CENTRAL COUNTY UNITED WAY 002215 12/15/1999 065-0000-103.12-07 475.00 475.00 * 475.00 52880 947 CHERYL ORNDORF 002225 12/15/1999 065-0000-229.08-67 7.65 7.65 * 7.65 52881 1235 COACHELLA VALLEY INS., IN 002282 12/15/1999 010-1200-412.37-05 450.00 002283 12/15/1999 010-1400-414.37-05 250.00 002284 12/15/1999 010-1410-414.37-05 100.00 002285 12/15/1999 010-2500-425.37-05 994.00 1,794.00 * 1,794.00 52882 2039 COLEN AND LEE 002238 12/15/1999 010-3100-431.10-01 360.18 360.18 * 360.18 52883 2464 COMSERCO 002193 12/15/1999 010-1400-414.21-10 86.10 86.10 * 86.10 52884 239 COMTRONIX OF HEMET 002226 12/15/1999 065-0000-201.08-94 60.00 60.00 * 60.00 52885 947 DEBBIE GREEN 002217 12/15/1999 065-0000-229.08-67 50.00 50.00 * 50.00 52886 2098 DIVE/CORR, INC. 002299 12/15/1999 051-9000-450.40-01 2,380.00 2,380.00 * 2,380.00 52887 460 EASTERN MUNI.WATER DIST. PREPARED12/08/1999, 13:20:14 PROGRAM: GM346L Bank of Hemet BANK 00 Bank of Hemet ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 4 ACCOUNTING PERIOD 2000/06 REPORT NUMBER 12 CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 52887 460 EASTERN MUNI.WATER DIST. 002201 12/15/1999 002202 12/15/1999 002203 12/15/1999 002204 12/15/1999 002205 12/15/1999 002206 12/15/1999 002207 12/15/1999 002208 12/15/1999 002209 12/15/1999 52888 471 EQUIPTMENT SUPPLY 002195 12/15/1999 025-7250-410.35-14 025-7250-410.35-14 025-7250-410.35-14 025-7250-410.35-14 025-7100-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 055-4170-450.21-10 5.54 1,091.68 65.31 1,233.17 22.37 108.82 219.83 42.48 1,452.40 4,241.60 * 4,241.60 53.83 53.83 * 53.83 52889 483 EVANS TIRE CO. 002228 12/15/1999 050-9000-450.33-30 69.66 002229 12/15/1999 050-9000-450.33-30 15.76 002230 12/15/1999 050-9000-450.33-30 13.00 002231 12/15/1999 050-9000-450.33-30 400.79 002292 12/15/1999 021-4150-410.33-50 13.45 002293 12/15/1999 021-4150-410.33-50 13.45 526.11 * 526.11 52890 2801 H.E. HARVEY 002216 12/15/1999 065-0000-103.12-07 587.50 587.50 * 587.50 52891 561 HEMET AUTO GLASS 002221 12/15/1999 010-3100-431.33-50 139.65 139.65 * 139.65 52892 567 HEMET OIL INC. 002197 12/15/1999 050-9000-450.33-30 88.36 88.36 * 88.36 52893 299 HEMET RUBBER STAMP 002192 12/15/1999 010-2500-425.21-10 21.55 21.55 * 21.55 52894 582 HEMET VALLEY PIPE & SUPPL 002301 12/15/1999 051-9000-450.40-01 197.72 197.72 * 197.72 52895 2729 I.H. REPOGRAPHICS 002220 12/15/1999 052-9000-450.40-01 175.31 175.31 * 175.31 52896 947 ICBM - INTRA COUNTY BUSIN 002286 12/15/1999 010-1110-411.21-10 70.00 70.00 * 70.00 52897 619 INLAND WATER WORKS SUPPLY 002302 12/15/1999 051-9000-450.40-01 2,245.75 2,245.75 * 2,245.75 52898 947 JOHN O'NEIL CONSTRUCTION 002307 12/15/1999 022-4150-410.40-01 6,688.90 6,688.90 * 6,688.90 52899 2626 KINKOS 002310 12/15/1999 091-9700-470.40-01 107.75 PREPARED12/08/1999, 13:20:14 PROGRAM: GM346L Bank of Hemet BANK 00 Bank of Hemet ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 5 ACCOUNTING PERIOD 2000/06 REPORT NUMBER 12 CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 52899 2626 KINKOS 107.75 * 52900 2776 KRIEGER STEWART INC. 002311 12/15/1999 052-9024-450.40-01 582.92 582.92 52901 2800 LANCASTER INSPECTION SERV 002297 12/15/1999 010-3300-431.30-90 1,300.95 1,300.95 * 52902 618 LONG BEACH UNIFORM CO. 002194 12/15/1999 065-0000-201.08-94 161.46 161.46 * 52903 718 MATICH CORPORATION 002312 12/15/1999 029-8665-440.40-01 5,547.24 5,547.24 * 52904 1080 MCI TELECOMMUNICATIONS 002224 12/15/1999 010-3100-431.35-16 91.03 91.03 52905 425 NAPA AUTO PARTS 002213 12/15/1999 021-4150-410.33-30 78.71 78.71 * 52906 947 NEXTEL COMMUNICATION 002227 12/15/1999 065-0000-201.08-94 278.98 278.98 * 52907 963 PACIFIC ALARM SVC., INC. 002304 12/15/1999 010-2500-425.33-10 192.00 192.00 * 52908 795 PAGENET 002287 12/15/1999 010-3100-431.35-16 55.60 002288 12/15/1999 050-9000-450.35-16 20.85 002289 12/15/1999 021-4150-410.35-16 6.95 002290 12/15/1999 025-7252-410.35-16 14.20 002291 12/15/1999 010-3210-431.34-05 22.07 119.67 * 52909 947 PERSONAL TOUCH 002308 12/15/1999 025-7100-410.21-70 35.00 35.00 52910 947 PERSONAL TOUCH 002309 12/15/1999 025-7100-410.21-70 35.00 35.00 * 52911 2395 POSTER COMPLIANCE CENTER 002298 12/15/1999 010-1210-412.21-10 45.08 45.08 * 52912 947 R.H.F. INC 002222 12/15/1999 010-3100-431.33-50 53.04 53.04 * 52913 947 RICHARD MOORE 002305 12/15/1999 065-0000-201.08-94 15.00 15.00 * 52914 2792 ROBERT A. LAVIN 002294 12/15/1999 050-9000-450.30-90 2,828.80 002295 12/15/1999 055-4170-450.30-90 499.20 107.75 582.92 1,300.95 161.46 5,547.24 91.03 78.71 278.98 192.00 119.67 35.00 35.00 45.08 53.04 15.00 PREPARED12/08/1999, 13:20:14 PROGRAM: GM346L Bank of Hemet BANK 00 Bank of Hemet ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 6 ACCOUNTING PERIOD 2000/06 REPORT NUMBER 12 CHECK VENDOR NO NO VENDOR NAME VOUCHER P.O. DATE NO NO ACCOUNT REMITTANCE AMOUNT (NET OF DISC/RETAIN) CHECK TOTAL 52914 2792 ROBERT A. LAVIN 52915 1588 RUTAN & TUCKER 002296 52916 916 SAN JACINTO UNIFIED SCHOO 002300 52917 436 SO. CALIFORNIA GAS CO. 002188 002189 002190 002191 52918 2759 SOUTH KERN MACHINERY 52919 947 STEVE AGUILAR 52920 372 UNION BANK 002237 002306 002218 002219 52921 316 WESTERN HIGHWAY PRODUCTS 002235 52922 947 ZIMMERMAN CONSULTING ENGI 002303 12/15/1999 12/15/1999 12/15/1999 12/15/1999 12/15/1999 12/15/1999 12/15/1999 12/15/1999 12/15/1999 12/15/1999 12/15/1999 12/15/1999 010-1111-411.30-90 021-4150-410.21-70 010-7400-425.35-12 010-2500-425.35-12 010-2500-425.35-12 010-6100-425.35-12 021-4150-410.33-50 065-0000-201.08-94 046-8800-450.60-10 010-1100-411.21-10 021-4150-410.33-30 065-0000-201.06-45 BANK/CHECK TOTAL ALL BANKS/CHECKS TOTAL 3,328.00 591.85 591.85 960.29 960.29 76.49 42.47 4.51 26.39 149.86 743.97 743.97 369.78 369.78 23,434.48 70.41 23,504.89 1,287.15 1,287.15 2,720.00 2,720.00 126,354.08 126,354.08 3,328.00 591.85 960.29 149.86 743.97 369.78 23,504.89 1,287.15 2,720.00 125,969.60 125,969.60 PREPARED 12/08/1999, 11:48:20 PROGRAM: GM313U City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST PAGE 2 REPORT NUMBER 28 GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED BY GROUP UPDATED BY 00249 ACCOUNTS PAYABLES 06/2000 MIMIR MIMIR MIMIR TRANS* TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE 2400 12/15/1999 002210 00 SUPPLIES 4700 12/15/1999 002233 SUPPLIES 1300 12/15/1999 002199 PHONE SERVICE 1400 12/15/1999 002200 PHONE SERVICE 00 00 00 4600 12/15/1999 002232 00 PHONE SERVICE 5300 12/15/1999 002239 00 PHONE SERVICE 2800 12/15/1999 002214 WATER DIST. PROGRAM 1000 12/15/1999 002196 SUPPLIES 2500 12/15/1999 002211 SUPPLIES 2600 12/15/1999 002212 SUPPLIES 5000 12/15/1999 002236 CERTICATES OF ELECTION 100 12/06/1999 002187 SINK REPAIR COMMUNITY 1200 12/15/1999 002198 SUPPLIES 4800 12/15/1999 002234 SUPPLIES 3700 12/15/1999 002223 VEHICLE MAINTENANCE 025-7250-410.33-30 050-9000-450.33-30 025-7252-410.35-16 025-7252-410.35-16 050-9000-450.35-16 025-7252-410.35-16 00 050-9000-450.31-20 MICHAEL NEVAREZ 00 055-4170-450.21-80 00 025-7250-410.33-30 00 025-7250-410.33-30 00 010-1100-411.21-10 00 010-7400-425.33-10 CENTER 00 025-7250-410.21-25 00 050-9000-450.33-30 00 010-3100-431.33-50 12/15/1999 0000000 12/15/1999 0000000 12/15/1999 0000000 0000931 AL'S KUBOTA TRACTOR LAWNM 085914 12/15/1999 0000000 00/00/0000 N 0000924 ALL PURE CHEMICAL 12/15/1999 0000000 00/00/0000 0000991 AT & T 12/15/1999 0000000 00/00/0000 0000991 AT & T 12/15/1999 0000000 00/00/0000 0000991 AT & T 12/15/1999 0000000 00/00/0000 0000991 AT & T 12/06/1999 0000000 00/00/0000 0000176 AWWA 12/15/1999 0000000 00/00/0000 0000985 B & W PIPE & SUPPLY 00/00/0000 0000985 B & W PIPE & SUPPLY 00/00/0000 0000985 B & W PIPE & SUPPLY 00/00/0000 48421 N STMT N STMT N STMT N STMT N REQUEST N 37695 N 37656 N 37696 N 0000947 BARNES AWARDS & ENGRAVING STMT 12/15/1999 0000000 00/00/0000 N 0000150 BLUE RIBBON PLUMBING 12/15/1999 0000000 00/00/0000 0000242 C.E.D. 12/15/1999 0000000 00/00/0000 0000242 C.E.D. 12/15/1999 0000000 00/00/0000 0000216 CAR WASH DEPOT 12/15/1999 0000000 00/00/0000 79465 N 2983-7174 N 2983-6901 N 1038 N 237.00 1,760.07 22.33 8.25 5.26 22.33 35.00 65.62 102.90 14.88 107.75 72.52 243.29 5.15 17.50 PREPARED 12/08/1999, 11:48:20 PROGRAM: GM313U City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST PAGE 3 REPORT NUMBER 28 GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED BY GROUP UPDATED BY 00249 ACCOUNTS PAYABLES 06/2000 MIMIR MIMIR MIMIR TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE 2900 12/15/1999 002215 00 065-0000-103.12-07 265 LORI ANN CLEAN UP 3900 12/15/1999 002225 00 065-0000-229.08-67 DEPOSIT REIMBURSMENT 5200 12/15/1999 002238 00 010-3100-431.10-01 ERIC CRYAR - 042-99-00042 700 12/15/1999 002193 00 010-1400-414.21-10 MAINTENANCE BILLING 12/1-12/31 4000 12/15/1999 002226 00 065-0000-201.08-94 RADIO REPAIR 3100 12/15/1999 002217 00 065-0000-229.08-67 DEPOSIT REIMBURSMENT 1500 12/15/1999 002201 00 025-7250-410.35-14 WATER UTILITY BILLING 1600 12/15/1999 002202 00 025-7250-410.35-14 WATER UTILITY BILLING 1700 12/15/1999 002203 00 025-7250-410.35-14 WATER UTILITY BILLING 1800 12/15/1999 002204 00 025-7250-410.35-14 WATER UTILITY BILLING 1900 12/15/1999 002205 00 025-7100-410.35-10 WATER UTILITY BILLING 2000 12/15/1999 002206 00 025-7250-410.35-10 WATER UTILITY BILLING 2100 12/15/1999 002207 00 025-7250-410.35-10 WATER UTILITY BILLING 2200 12/15/1999 002208 00 025-7250-410.35-10 WATER UTILITY BILLING 2300 12/15/1999 002209 00 025-7250-410.35-10 WATER UTILITY BILLING 0002455 CENTRAL COUNTY UNITED WAY 201 12/15/1999 0000000 00/00/0000 N 0000947 CHERYL ORNDORF 12/15/1999 0000000 00/00/0000 0002039 COLEN AND LEE 12/15/1999 0000000 00/00/0000 0002464 COMSERCO 12/15/1999 0000000 00/00/0000 0000239 COMTRONIX OF HEMET 12/15/1999 0000000 00/00/0000 0000947 DEBBIE GREEN 12/15/1999 0000000 00/00/0000 REQUEST N STMT N 01/MA5022351 N REQUEST N REQUEST N 0000460 EASTERN MUNI.WATER DIST. STMT 12/15/1999 0000000 00/00/0000 N 0000460 EASTERN MUNI.WATER DIST. STMT 12/15/1999 0000000 00/00/0000 N 0000460 EASTERN MUNI.WATER DIST. STMT 12/15/1999 0000000 00/00/0000 N 0000460 EASTERN MUNI.WATER DIST. STMT 12/15/1999 0000000 00/00/0000 N 0000460 EASTERN MUNI.WATER DIST. STMT 12/15/1999 0000000 00/00/0000 N 0000460 EASTERN MUNI.WATER DIST. STMT 12/15/1999 0000000 00/00/0000 N 0000460 EASTERN MUNI.WATER DIST. STMT 12/15/1999 0000000 00/00/0000 N 0000460 PASTERN MUNI.WATER DIST. STMT 12/15/1999 0000000 00/00/0000 N 0000460 EASTERN MUNI.WATER DIST. STMT 12/15/1999 0000000 00/00/0000 N 475.00 7.65 360.18 86.10 60.00 50.00 5.54 1,091.68 65.31 1,233.17 22.37 108.82 219.83 42.48 1,452.40 PREPARED 12/08/1999, 11:48:20 PROGRAM: GM313U City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST PAGE 4 REPORT NUMBER 28 GROUP NUMBER ACCOUNTING GROUP USER ID GROUP CREATED BY GROUP UPDATED BY PERIOD: 00249 ACCOUNTS PAYABLES 06/2000 MIMIR MIMIR MIMIR TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE 900 12/15/1999 002195 SUPPLIES 4200 12/15/1999 002228 VEHICLE MAINTENANCE 4300 12/15/1999 002229 VEHICLE MAINTENANCE 4400 12/15/1999 002230 VEHICLE MAINTENANCE 4500 12/15/1999 002231 VEHICLE MAINTENANCE 3000 12/15/1999 WEED ABATEMENT 00 055-4170-450.21-10 00 050-9000-450.33-30 00 050-9000-450.33-30 00 050-9000-450.33-30 00 050-9000-450.33-30 002216 00 065-0000-103.12-07 3500 12/15/1999 002221 00 010-3100-431.33-50 DOOR GLASS INSTALLATION UNIT 114 1100 12/15/1999 002197 00 050-9000-450.33-30 SUPPLIES 600 12/15/1999 002192 00 010-2500-425.21-10 DATE STAMP 3400 12/15/1999 002220 00 052-9000-450.40-01 SUPPLIES 800 12/15/1999 002194 00 065-0000-201.08-94 UNIFORM SUPPLIES 3800 12/15/1999 002224 00 010-3100-431.35-16 PHONE SERVICES 2700 12/15/1999 002213 00 021-4150-410.33-30 SUPPLIES 4100 12/15/1999 002227 00 065-0000-201.08-94 PHONE SERVICES 3600 12/15/1999 002222 00 010-3100-431.33-50 REPLACE POWER PLUG 12/15/1999 0000000 00/00/0000 12/15/1999 0000000 00/00/0000 0000471 EQUIPTMENT SUPPLY 12/15/1999 0000000 00/00/0000 0000483 EVANS TIRE CO. 12/15/1999 0000000 00/00/0000 0000483 EVANS TIRE CO. 12/15/1999 0000000 00/00/0000 0000483 EVANS TIRE CO. 12/15/1999 0000000 00/00/0000 0000483 EVANS TIRE CO. 12/15/1999 0000000 00/00/0000 0002801 H.E. HARVEY 12/15/1999 0000000 00/00/0000 0000561 HEMET AUTO GLASS 12/15/1999 0000000 00/00/0000 0000567 HEMET OIL INC. 12/15/1999 0000000 oo/oo/0000 0000299 HEMET RUBBER STAMP 12/15/1999 0000000 00/00/0000 4876 N 073684 N 073301 073430 N 070724 N 297336 N 14036 N 28720 N 25499 N 0002729 I.B. REPOGRAPHICS 93684 N 0000618 LONG BEACH UNIFORM CO. REQUEST N 0001080 MCI TELECOMMUNICATIONS 61813230 12/15/1999 0000000 00/00/0000 N 0000425 NAPA AUTO PARTS 12/15/1999 0000000 00/00/0000 0000947 NEXTEL COMMUNICATION 12/15/1999 0000000 00/00/0000 0000947 R.H.F. INC 12/15/1999 0000000 00/00/0000 116153 N 218405/218634 N 29608 N 53.83 69.66 15.76 13.00 400.79 587.50 139.65 88.36 21.55 175.31 161.46 91.03 78.71 278.98 53.04 PREPARED 12/08/1999, 11:48:20 PROGRAM: GM313U City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST PAGE 5 REPORT NUMBER 28 GROUP NUMBER ACCOUNTING GROUP USER ID GROUP CREATED BY GROUP UPDATED BY PERIOD: 00249 ACCOUNTS PAYABLES 06/2000 MIMIR MIMIR MIMIR TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE 200 12/15/1999 UTILITY GAS BILLING 300 12/15/1999 UTILITY (:AS BILLING 400 12/15/1999 UTILITY GAS BILLING 500 12/15/1999 UTILITY (SAS BILLING 5100 12/15/1999 SUPPLIES 3200 12/15/1999 PREPAYMENT OF CFD2 ASSESSMENTS 3300 12/15/1999 002219 00 010-1100-411.21-10 COUCINL ELECTION SUPPLIES 4900 12/15/1999 002235 00 021-4150-410.33-30 SUPPLIES 002188 00 010-7400-425.35-12 002189 00 010-2500-425.35-12 002190 00 010-2500-425.35-12 002191 00 010-6100-425.35-12 002237 00 021-4150-410.33-50 002218 00 046-8800-450.60-10 COUNT: AMOUNT: GROUP TOTALS 53 35,914.88 0000436 SO. CALIFORNIA GAS CO. STMT 12/15/1999 0000000 00/00/0000 N 0000436 SO. CALIFORNIA GAS CO. STMT 12/15/1999 0000000 00/00/0000 N 0000436 SO. CALIFORNIA GAS CO. STMT 12/15/1999 0000000 00/00/0000 N 0000436 SO. CALIFORNIA GAS CO. STMT 12/15/1999 0000000 00/00/0000 N 0002759 SOUTH KERN MACHINERY 444947 12/15/1999 0000000 00/00/0000 N 0000372 UNION BANK REQUEST 12/15/1999 0000000 00/00/0000 N 0000372 UNION BANK 121119 12/15/1999 0000000 00/00/0000 N 0000316 WESTERN HIGHWAY PRODUCTS 328376 12/15/1999 0000000 00/00/0000 N 76.49 42.47 4.51 26.39 743.97 23,434.48 70.41 1,287.15 PREPARED 12/08/1999, PROGRAM: GM313U 11:48:20 City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST PAGE 6 REPORT NUMBER 28 GROUP NUMBER ACCOUNTING GROUP USER ID GROUP CREATED BY GROUP UPDATED BY PERIOD: 00250 PREPAIDS 05/2000 MIMIR MIMIR MIMIR TRANS* TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE 600 11/29/1999 AFLAC INSURANCE FOR 002245 00 085-0000-202.21-27 THE MONTH OF OCTOBER 1999 500 11/29/1999 002244 TUITION 12/13-19 4100 12/03/1999 002280 DWELLING INSPECTION TEST 400 11/29/1999 002243 SUBSISTENCE FOR 12/6-17 00 065-0000-201.06-15 KEN SOUTHERN 00 010-3300-431.31-20 TIM HULTS 00 065-0000-201.06-15 CHRIS HOLBROOK 1400 11/30/1999 002253 00 010-2500-425.35-16 UTILITY TELEPHONE BILLING 1500 11/30/1999 002254 00 010-3100-431.35-16 UTILITY TELEPHONE BILLING 1600 11/30/1999 002255 00 010-7400-425.35-16 UTILITY TELEPHONE BILLING 1700 11/30/1999 002256 00 025-7252-410.35-16 UTILITY TELEPHONE BILLING 1800 11/30/1999 002257 00 021-4150-410.35-16 UTILITY TELEPHONE BILLING 1900 11/30/1999 002258 00 055-4170-450.35-16 UTILITY TELEPHONE BILLING 2000 11/30/1999 002259 00 010-2500-425.35-16 UTILITY TELEPHONE BILLING 2100 11/30/1999 002260 00 010-3100-431.35-16 UTILITY TELEPHONE BILLING 2200 11/30/1999 002261 00 050-9000-450.35-16 UTILITY TELEPHONE BILLING 2300 12/15/1999 002262 00 010-2500-425.35-16 UTILITY TELEPHONE BILLING 2400 12/15/1999 002263 00 010-3100-431.35-16 UTILITY TELEPHONE BILLING 00/00/0000 0052865 12/15/1999 00/00/0000 0052865 11/30/1999 00/00/0000 0052865 11/30/1999 00/00/0000 0052865 11/30/1999 00/00/0000 0052865 11/30/1999 00/00/0000 0052865 11/30/1999 00/00/0000 0052865 11/30/1999 00/00/0000 0052865 11/30/1999 00/00/0000 0052865 11/30/1999 00/00/0000 0052865 11/30/1999 00/00/0000 0052855 11/29/1999 00/00/0000 0052867 12/03/1999 00/00/0000 0052856 11/29/1999 00/00/0000 0052857 11/29/1999 0000995 AFLAC REQUEST N 0000947 ALAMEDA COUNTY SHERIFF DE REQUEST N 0000947 ASSESSMENT SYSTEMS INC. REQUEST N 0001704 CHRIS HOLBROOK REQUEST N 0000526 GENERAL TELEPHONE CO. STMT N 0000526 GENERAL TELEPHONE CO. STMT N 0000526 GENERAL TELEPHONE CO. STMT N 0000526 GENERAL TELEPHONE CO. STMT N 0000526 GENERAL TELEPHONE CO. STMT N 0000526 GENERAL TELEPHONE CO. STMT N 0000526 GENERAL TELEPHONE CO. STMT N 0000526 GENERAL TELEPHONE CO. STMT N 0000526 GENERAL TELEPHONE CO. STMT N 0000526 GENERAL TELEPHONE CO. STMT 00/00/0000 0052865 12/15/1999 0000526 GENERAL TELEPHONE CO. STMT N 1,808.83 128.00 170.00 80.00 321.19 334.87 140.52 194.69 102.94 15.01 539.65 546.26 117.95 160.59 586.22 PREPARED 12/08/1999, 11:48:20 PROGRAM: GM313U City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST PAGE 7 REPORT NUMBER 28 GROUP NUMBER ACCOUNTING GROUP USER ID GROUP CREATED BY GROUP UPDATED BY PERIOD: 00250 PREPAIDS 05/2000 MIMIR MIMIR MIMIR TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE 2500 12/15/1999 002264 UTILITY TELEPHONE BILLING 2600 12/15/1999 002265 UTILITY TELEPHONE BILLING 2700 12/15/1999 002266 UTILITY TELEPHONE BILLING 1200 11/29/1999 002251 PAYMENT DEFERRED COMP. 1300 11/29/1999 002252 PAYMENT PERS RETIREMENT 300 11/29/1999 002242 SUBSISTENCE FOR 12/13-19 1100 11/29/1999 002250 PAYMENT DEFERRED COMP. 4200 12/03/1999 002281 REDEVELOPMENT LOAN TONY 800 11/29/1999 002247 PAYMENT FOR NOVEMBER 1999 900 11/29/1999 002248 PERC ASSOCIATION DUES FOR 100 11/29/1999 002240 BALANCE PAID IN FULL 200 11/29/1999 002241 BALANCE PAID IN FULL 1000 11/29/1999 002249 PAYMENT SJPOA DUES FOR 2800 11/30/1999 002267 UTILITY ELECTRIC BILLING 2900 11/30/1999 002268 UTILITY ELECTRIC BILLING 00 025-7252-410.35-16 00 055-4170-450.35-16 00 050-9000-450.35-16 00 085-0000-202.21-29 NOVEMBER 1999 00 085-0000-202.21-28 CONTRIBUTION 11/28/99 00 065-0000-201.06-15 KEN SOUTHERN 00 085-0000-202.21-29 NOVEMBER 1999 00 096-9700-470.40-01 SEA LANDING 00 085-0000-202.21-87 00 085-0000-202.21-87 NOVEMBER 1999 00 050-9000-450.10-01 00 055-4170-450.10-01 00 085-0000-202.21-42 NOVEMBER 1999 00 025-7260-410.35-14 00 025-7250-410.35-14 00/00/0000 0052866 11/30/1999 00/00/0000 0052866 11/30/1999 00/00/0000 0052861 11/29/1999 00/00/0000 0052853 11/29/1999 00/00/0000 0052853 11/29/1999 00/00/0000 0052860 11/29/1999 00/00/0000 0052859 11/29/1999 00/00/0000 0052868 12/03/1999 00/00/0000 0052862 11/29/1999 00/00/0000 0052864 11/29/1999 0001037 KEN SOUTHERN 00/00/0000 0052854 11/29/1999 00/00/0000 0052863 11/29/1999 00/00/0000 0052865 12/15/1999 00/00/0000 0052865 12/15/1999 00/00/0000 0052865 12/15/1999 0000526 GENERAL TELEPHONE CO. STMT N 0000526 GENERAL TELEPHONE CO. STMT N 0000526 GENERAL TELEPHONE CO. STMT N 0000607 ICMA RETIREMENT TRUST REQUEST N 0000607 ICMA RETIREMENT TRUST REQUEST N REQUEST N 0000691 LINCOLN NATIONAL REQUEST N 0000947 MIKE KHAMIS REQUEST N 0002783 PRE -PAID LEGAL SERVICES, REQUEST N 0000828 PUBLIC EMP. ASSOC. REQUEST N 0002792 ROBERT A. LAVIN REQUEST N 0002792 ROBERT A. LAVIN REQUEST N 0000912 S.J. POLICE ASSOCIATION REQUEST N 0000447 SO. CALIFORNIA EDISON CO. STMT N 0000447 SO. CALIFORNIA EDISON CO. STMT N .92 82.48 50.12 388.46 14,622.31 476.00 2,221.63 5,000.00 149.60 97.96 300.56 53.04 1,506.00 2,443.57 1,466.70 PREPARED 12/08/1999, 11:48:20 PROGRAM: GM313U City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST PAGE 8 REPORT NUMBER 28 GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED BY GROUP UPDATED BY 00250 PREPAIDS 05/2000 MIMIR MIMIR MIMIR TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE 3000 11/30/1999 002269 00 025-7252-410.35-14 UTILITY ELECTRIC BILLING 3100 11/30/1999 002270 00 010-2500-425.35-14 UTILITY ELECTRIC BILLING 3200 11/30/1999 002271 00 010-6100-425.35-14 UTILITY ELECTRIC BILLING 3300 11/30/1999 002272 00 021-4150-410.35-14 UTILITY ELECTRIC BILLING 3400 11/30/1999 002273 00 025-7100-410.35-14 UTILITY ELECTRIC BILLING 3500 11/30/1999 002274 00 050-9000-450.35-14 UTILITY ELECTRIC BILLING 3600 11/30/1999 002275 00 010-3100-431.35-14 UTILITY ELECTRIC BILLING 3700 11/30/1999 002276 00 050-9000-450.35-14 UTILITY ELECTRIC BILLING 3800 11/30/1999 002277 00 010-7400-425.35-14 UTILITY ELECTRIC BILLING 3900 11/30/1999 002278 00 025-7251-410.35-14 UTILITY ELECTRIC BILLING 4000 11/30/1999 002279 00 025-7260-410.35-14 UTILITY ELECTRIC BILLING 700 11/29/1999 002246 00 085-0000-202.21-80 UNITED WAY CONTRIBUTIONS FOR NOVEMBER 1999 COUNT: AMOUNT: GROUP TOTALS 42 61,581.25 0000447 SO. 00/00/0000 0052866 0000447 SO. 00/00/0000 0052866 0000447 SO. 00/00/0000 0052866 0000447 SO. 00/00/0000 0052866 CALIFORNIA EDISON CO. 11/30/1999 0000447 SO. 00/00/0000 0052866 CALIFORNIA EDISON CO. 11/30/1999 0000447 SO. 00/00/0000 0052866 CALIFORNIA EDISON CO. 11/30/1999 CALIFORNIA EDISON CO 11/30/1999 0000447 S0. 00/00/0000 0052866 CALIFORNIA EDISON CO 11/30/1999 0000447 SO. 00/00/0000 0052866 STMT N STMT N STMT N . STMT N . STMT N CALIFORNIA EDISON CO. STMT 11/30/1999 N 0000447 SO. 00/00/0000 0052866 CALIFORNIA EDISON CO. STMT 11/30/1999 N 0000447 SO. 00/00/0000 0052866 0000447 SO. 00/00/0000 005286 0000377 UNI 00/00/0000 005285 CALIFORNIA EDISON CO. STMT 11/30/1999 N CALIFORNIA EDISON CO. STMT 11/30/1999 N CALIFORNIA EDISON CO. STMT 11/30/1999 N CALIFORNIA EDISON CO. STMT 6 11/30/1999 TED WAY OF HEMET 8 11/29/1999 N REQUEST N 941.78 1,030.99 46.14 44.28 1,473.49 20,338.01 1,234.43 34.42 988.98 14.26 1,201.02 127.38 PREPARED 12/08/1999, 11:48:20 PROGRAM: GM313U City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST PAGE 9 REPORT NUMBER 28 GROUP NUMBER ACCOUNTING GROUP USER ID GROUP CREATED BY GROUP UPDATED BY PERIOD: 00254 ACCOUNTS PAYABLES 06/2000 MIMIR MIMIR MIMIR TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE 100 12/15/1999 CRIME RENEWAL 200 12/15/1999 CRIME RENEWAL 002282 00 010-1200-412.37-05 002283 00 010-1400-414.37-05 300 12/15/1999 002284 CRIME RENEWAL 400 12/15/1999 002285 CRIME RENEWAL 1800 12/15/1999 002299 UNDERWATER INSPECTION 3 1100 12/15/1999 002292 VEHICLE MAINTENANCE 1200 12/15/1999 002293 VEHICLE MAINTENANCE 2000 12/15/1999 002301 SUPPLIES 500 12/15/1999 002286 PREPAID DELIVERY STAMPS 2100 12/15/1999 002302 SUPPLIES 2600 12/15/1999 002307 SIDEWALK IMPROVEMENTS 2900 12/15/1999 002310 OFFICE SUPPLIES 3000 12/15/1999 002311 BATH STREET WATER PLANT 1600 12/15/1999 002297 BUILDING INSPECTION SERVI 3100 12/15/1999 002312 COMMUNITY CENTER PARKING 00 010-1410-414.37-05 00 010-2500-425.37-05 00 051-9000-450.40-01 STEEL WATER TANKS 00 021-4150-410.33-50 00 021-4150-410.33-50 00 051-9000-450.40-01 00 010-1110-411.21-10 00 051-9000-450.40-01 00 022-4150-410.40-01 00 091-9700-470.40-01 00 052-9024-450.40-01 00 010-3300-431.30-90 NOV 18 - DEC 3, 1999 00 029-8665-440.40-01 LOT 0001235 COACHELLA VALLEY INS., IN 68482 12/15/1999 0000000 00/00/0000 N 0001235 COACHELLA VALLEY INS., IN 68482 12/15/1999 0000000 00/00/0000 N 0001235 COACHELLA VALLEY INS., IN 68482 12/15/1999 0000000 00/00/0000 N 0001235 COACHELLA VALLEY INS., IN 68482 12/15/1999 0000000 00/00/0000 N 0002098 DIVE/CORR, INC. 12/15/1999 0000000 00/00/0000 0000483 EVANS TIRE CO. 12/15/1999 0000000 00/00/0000 0000483 EVANS TIRE CO. 12/15/1999 0000000 00/00/0000 STMT N 76960 N 76943 N 0000582 HEMET VALLEY PIPE & SUPPL 49180 12/15/1999 0000000 00/00/0000 N 0000947 ICBM - INTRA COUNTY BUSIN REQUEST 12/15/1999 0000000 00/00/0000 N 0000619 INLAND WATER WORKS SUPPLY 082327 12/15/1999 0000000 00/00/0000 N 0000947 JOHN O'NEIL CONSTRUCTION 1088 12/15/1999 0000000 00/00/0000 N 0002626 KINKOS 12/15/1999 0000000 00/00/0000 0002776 KRIEGER STEWART INC. 12/15/1999 0000000 00/00/0000 170500008404 N 16455 N 0002800 LANCASTER INSPECTION SERV 99-07 12/15/1999 0000000 00/00/0000 N 0000718 MATICH CORPORATION 12/15/1999 0000000 oo/oo/0000 079909 N 450.00 250.00 100.00 994.00 2,380.00 13.45 13.45 197.72 70.00 2,245.75 6,688.90 107.75 582.92 1,300.95 5,547.24 PREPARED 12/08/1999, 11:48:20 PROGRAM: GM313U City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST PAGE 10 REPORT NUMBER 28 GROUP NUMBER ACCOUNTING GROUP USER ID GROUP CREATED BY GROUP UPDATED BY PERIOD: 00254 ACCOUNTS 06/2000 MIMIR MIMIR MIMIR PAYABLES TRANS* TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE 2300 12/15/1999 002304 00 ALARM SERVICES 600 12/15/1999 002287 00 PAGER SERVICE 700 12/15/1999 002288 00 PAGER SERVICE 800 12/15/1999 002289 00 PAGER SERVICE 900 12/15/1999 002290 00 PAGER SERVICE 1000 12/15/1999 002291 00 PAGER SERVICE 2700 12/15/1999 002308 00 SUPPLIES 2800 12/15/1999 002309 00 SUPPLIES 1700 12/15/1999 002298 00 SUPPLIES 2400 12/15/1999 002305 PARKING EXPENSES CNOA 1300 12/15/1999 002294 NOVEMBER 1999 SERVICES 1400 12/15/1999 002295 NOVEMBER 1999 SERVICES 1500 12/15/1999 002296 1999 TAX ALLOCATION BONDS 010-2500-425.33-10 010-3100-431.35-16 050-9000-450.35-16 021-4150-410.35-16 025-7252-410.35-16 010-3210-431.34-05 025-7100-410.21-70 025-7100-410.21-70 010-1210-412.21-10 00 065-0000-201.08-94 CONFERENCE 00 050-9000-450.30-90 00 055-4170-450.30-90 00 010-1111-411.30-90 SOBOBA 1900 12/15/1999 002300 00 021-4150-410.21-70 FUEL SUPPLIES 2500 12/15/1999 002306 00 065-0000-201.08-94 LODGING EXPENSES CNOA CONFERENCE 0000963 PACIFIC ALARM SVC., INC. 1702 12/15/1999 0000000 00/00/0000 N 0000795 PAGENET 12/15/1999 0000000 00/00/0000 0000795 PAGENET 12/15/1999 0000000 00/00/0000 0000795 PAGENET 12/15/1999 0000000 00/00/0000 0000795 PAGENET 12/15/1999 0000000 00/00/0000 0000795 PAGENET 12/15/1999 0000000 00/00/0000 0000947 PERSONAL TOUCH 12/15/1999 0000000 00/00/0000 0000947 PERSONAL TOUCH 12/15/1999 0000000 00/00/0000 034-954095 N 034-954095 N 034-954095 N 034-954095 N 034-954095 N 10778 N 10776 N 0002395 POSTER COMPLIANCE CENTER 251265 12/15/1999 0000000 00/00/0000 N 0000947 RICHARD MOORE 12/15/1999 0000000 00/00/0000 0002792 ROBERT A. LAVIN 12/15/1999 0000000 00/00/0000 0002792 ROBERT A. LAVIN 12/15/1999 0000000 00/00/0000 0001588 RUTAN & TUCKER 12/15/1999 0000000 00/00/0000 REQUEST N 12-99 N 12-99 N 313256 N 0000916 SAN JACINTO UNIFIED SCHOO 703 12/15/1999 0000000 00/00/0000 N 0000947 STEVE AGUILAR 12/15/1999 0000000 00/00/0000 REQUEST N 192.00 55.60 20.85 6.95 14.20 22.07 35.00 35.00 45.08 15.00 2,828.80 499.20 591.85 960.29 369.78 PREPARED 12/08/1999, 11:48:20 PROGRAM: GM313U City of San Jacinto PAGE 11 ACCOUNTS PAYABLE UPDATE LIST REPORT NUMBER 28 GROUP NUMBER 00254 ACCOUNTS PAYABLES ACCOUNTING PERIOD: 06/2000 GROUP USER ID MIMIR GROUP CREATED BY MIMIR GROUP UPDATED BY MIMIR TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER PROD P.O. VENDOR VENDOR NAME INVOICE NUMBER DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE 2200 12/15/1999 002303 00 065-0000-201.06-45 PLAN CHECKING SERVICES COUNT: AMOUNT: GROUP TOTALS 31 29,353.80 0000947 ZIMMERMAN CONSULTING ENGI 374 2,720.00 12/15/1999 0000000 00/00/0000 N STAFF REPORT To: Honorable Mayor and City Council From: George Kaenel, Interim Finance Director Subj: Approval of Settlement Agreement Date: December 16, 1999 Recommendations: 1. Approve the Settlement Agreement with the Committee for Responsible Government in San Jacinto to dismiss Riverside Superior Court Cases No. 327852 and No. 320302. 2. Appropriate $150,200.00 from General Fund undesignated reserves to Account 010- 1111-411-3690. Background: This settlement agreement has been negotiated by an ad hoc committee of the City Council and is recommended for approval. Committee For Responsible Government in San Jacinto 617 East Main Street / San Jacinto, Califomia 92583 / (909) 654-674 / www.sjvalley.org December 9, 1999 Mr. James Mocalis City Manager City of San Jacinto 201 East Main Street San Jacinto, California 92583 Re: City Council Agreement to Settle Litigation Matters Dear Mr. Mocalis: This letter shall confirm that our attorneys have prepared a dismissal of action (copy attached) which would dismiss with prejudice the following case: Committee for Responsible Government in San Jacinto v. Citv Council, et. al., (Riverside Co. Superior Court Case No. 327852) Upon receipt of the City's check in the amount of $150,197.84, we will cause that dismissal to be filed with the Superior Court and served on you. Regarding our first case against the City of San Jacinto (Committee for Responsible Government in San Jacinto v. Lee, et. al. (Riverside Co. Superior Court Case No. 320302; Fourth Dist. Court of Appeal Case No. E024918), we are advised that no judicial filing is required since the City's appeal of the trial court's decision was dismissed and it would be incumbent upon the City to take any further action in the matter absent the terms and conditions of this settlement. We look forward to receiving the City's check. Please do not hesitate to contact me (909-654- 6742) or our attorney, Chuck Bell (916-442-7757) if you should have any further questions. Sincerely, Robert Sigala Committee For Responsible Government in San Jacinto cc: Mayor Patrick Williams Charles H. Bell, Jr. Elizabeth A. Bianco Enclosure ATToRNP a OR PARTY WITHOUT A1T(IRNEY (N.M. Anrl AnM'egr) TELEPHONE NO CHARLES H. BELL, JR. (SBN 060553) 916-442- BELL, MCANDREWS & HILTACHK 7757 455 Capitol Mall, Ste 801 Sacramento, CA 95814 ATTORNEY TOR (MTei: CplrlmTttPP fnr Resp nsiblq, r_n1.9rpMan.t lases Berne N COW end bone eI IudkOd Stark/ arc Trawl court, a MY: in San Jacinth Superior Court,County of Riverside PLAINTIFF/PETITIONER. Committee for Responsible Government in San Jacinto, et al d.tDANT/RESPoNDENT: y.Council of the City of San Jacinto, et a FOR COURT USF ONLY DRAFT rvrLre,t.. REQUEST FOR DISMISSAL Personal Injury, Property Damage. or Wrongful Death Q Motor Vehicle Q Other Q Family Law RIEminent Domain Other(specfy): Pot. Writ Mndte/Comp.Decl.Relief CASE NUAft)I;R. RIC327852 — A conformed copy will not be rchtrned by the clerk unless a method of return is provided with the document. — 1. TO THE CLERK: Please dismiss this action as follows: a. (I) Q with prejudice (2) Q Without prejudice b. (1) (3) (4) (5) (6) 1 f Complaint (2) n Petition Cr ss-compfeinl filed by (creme): CrOSs-complaint filed by (name): Entire action of all parties and all causes of action Other (specify):* late: December 9 ; 1999 Charles H. Bell,�yJr. Wt OH ITN PION 1 NA4d Mb OF ATTORNEY 0 PARTY WITHOUT ATTORNEY) . d atelessaf requested is or epptlited sodas only, of spsdlred causes of n or eudbvy, Of dxred Of npeerocc+xmpteinn only, so state and identity the pe ern Causes of achon, a ooae•comPinid7• In is' dismissed. on (date): on (date): `—� • ` (SIGNATut1E) Attorney or party without attorney for: pqPlaintiff/Petitioner El Defendant/Respondent Cromplainant TO THE CLERK: Consent to the above dismissal Is hereby given" ate: (TYPE OR PRIM NAM! or ❑ ATTORNEY ❑ PARTY WIN/OUT ATTORNEY) 1f it was-ceeplAint—cs Ruuponee (Family Law) seeking aff nnelive Miot--ie On gie. unlit [Monty for cross -complainant IR'Aertelent) must sign this consent tr required by Codo of CM Procedure season Sat a (D. (SIGNATURE) rAttorney or party without attorney for. I I PlaIntiff/Pelitioner El pefendanVRespondent n Cross -complainant be completed by clerk) n Dismissal entered as requested an (date): Q Dismissed entered on (date): as to only (Warne): 0 Dismissal not entered as requested for the following reasons (specify): n a. Attorney or party without attorney notified on (dote): b. Attorney or party without attorney riot notified. Filing party fasted to provide P e copy to conform means to return cordorrued copy te: Fans Adopted by ate rdcra Co,m0l Cl Caiffemta sass) tttev. Jamrery 1, 1997J Wnexery Form Clerk, by . Deputy REQUEST FOR DISMISSAL ►i Coe! on Prxee.... 5 eel et seq Cis Ru4sd Catrrt r�/nA 3e3. 1^,.q STAFF REPORT To: Honorable Mayor and City Council From: George Kaenel, Interim Finance Director Subj: Approval of Settlement Agreement Date: December 16, 1999 Recommendations: 1. Approve the Settlement Agreement with Burke, Williams & Sorensen, LLP to dismiss Riverside Superior Court Case No. 320246. 2. Appropriate $25,000.00 from General Fund undesignated reserves to Account 010- 1111-411-3690. Background: This settlement agreement has been negotiated by an ad hoc committee of the City Council and is recommended for approval. SENT BY:BURKE, WILLIAMS, &SORREN ; 12- 9-99 ; 11:39 ; RIVERSIDE. CA-, 12l89/ 1999 E Y: bl bb4'J /l I Y lF BAN JALJN I U 9096543728;# 2/ 7 a twat e1 JULIE HAYWARD BIGGS, Esq. EXEMPT FROM FEE State Bar No_ 81608 Govt. Code 6 6193 GEOFFREY K. WILLIS, Esq. State Bar No.126504 ERIC M. STRONG, Esq. State Bar No. 179195 BURKE, WILLIAMS & SORENSEN, LLP 3403 Tenth Street, Suite 300 Riverside, California 92501 (909)788-0100 Attorneys for The People of the State of California, Relator and Plaintiff FRANCIS BOYK1N, a Private Citizen SUPERIOR COURT OF THE STATE OP CALIFORNIA COUNTY OF RIVERSIDE THE PEOPLE OF THE STATE OF CALIFORNIA, on the relation of Francis Boykin, a private citizen plaintiff, ve. MICHAEL HANAVAN, Defendant, CASE NO. 320246 ASSIGNED TO HON. JOAN F. ETTINGER Department 10 STIPULATION AND ORDER RE: DISMISSAL OF A.0 ION AND AWARD OF ATTORNEYS FEES It is hereby stipulated by and between Plaintiffs, the People of the State of California on the relation of Francis Boykin, a private citizen, through his attorney of record, that the above -captioned matter be dismissed with prejudice based upon the following findings of law and fact: Tins action was filed following the granting of leave to sue on behalf of the People of California by the California Attorney General to relators the SENT BY:BURKE,WILLIAMS,&SORREN;12- 9-99 ; 11:39 ; RIVERSIDE, CA-, 1_11 ,J1-114 JMV11l1U 1L/UJI JUJUJYJI GU L.111 9096543728;# 3/ 7 FRIL el Hon. James Conner and Patrick Williams, members of the San Jacinto City Council, and Francis Boykin, a private citizens in accord with the requirements of the California Code of Civil Procedure, Sections 803 et seq. and Section 1021.5 in order to enforce the important and long - recognized public policy against the holding of incompatible offices in California. 2. Relators Conner and Williams were voluntarily dismissed from this action on December 2, 1999. 3. Counsel for Defendant Hanavan, Rutan & Tucker, LLP, declared a conflict of interest with regard to continuing representation of Defendant Hanavan in this matter on. December 7,1999 requiring such counsel to immediately withdraw from further representation of Defendant Hanavan in this matter. 4. Defendant Hanavan has elected to continue in this matter to pro per and has knowingly and intentionally elected to waive any right to substitution of legal counsel fox purposes of review or execution of this Stipulation of Dismissal of Action and Award of Legal Fees. 5. This action has resulted in the enforcement of an important right affecting the public interest and a significant benefit has been confer ed on the general public as result of this action in that the Defendant has relinquished the position of City Manager for the City of San Jacinto and now serves only in the capacity as the Chief of Police for that city. 6. The necessity of this action was manifest in that despite a clear and SENT BY:BURKE,WILLIAMS,&SORREN;12- 9-99 ; 11:39 ; RIVERSIDE, CA-, 12/09/1959 09:01 9096542728 CITY OF SAN •JACINTO 9096543728;# 4/ 7 PAGE 64 unequivocal finding of incompatible office set forth in the opinion in. this matter by the California Attorney General which granted leave to sue, Defendant Hanavan elected to retain his incompatible offices and rely on City resources to defend against this action brought by private citizens on behalf of the public at private expense 7. This action was brought against Defendant Hanavan within the course and scope of his dual employment as the City Manager and Chief of Police of the City of San Jacinto. 8. Plaintiffs, the People of the State of California, and the remaining relator Francis Boykin, are the prevailing parties in this action because the action has been a catalyst and a material factor 1n the removal of Defendant Hanavan from his position as City Manager by new members of the City Council who were elected through a recall process that focused in a material and significant way on the failure of the prior council to abide by applicable California decisional common law. 9. Under the provisions of Code of Civil Procedure 1021.5, Plaintiffs have met the sty»i1#rd for award of attorneys fees and costs in their favor and against Defendant Hanavan in the stipulated amount of $25,000 which stun is due and payable directly to the law firm of Burke, Williams & Sorensen, LLP for services rendered on behalf of Plaintiffs. 10. Plaintiff Boykin and counsel of record, Burke, Williams & Sorensen, LLP, in recognition of the mandatory indemnification provisions set forth In Government Code Section 825, and on the representation of Defendant SENT BY ;BURKE, WILLIAMS, &SORREN ; 12- 9-99 ; 11:39 ; RIVERSIDE, CA-. 12/119/1`J99 i :b1 `Jbybb4d/lti G11Y It SAN JAU1NIU 9096543728;# 5/ 7 HA(N5 Hanavan that no reservation of rights agreement has been entered into by and between the City of San Jacinto and Defendant Hanavan, further stipulates and agrees that satisfaction of this award of attorneys fees and costs will be obtained solely and exclusively from the City of San Jacinto. 11. Plaintiff Boykin and counsel of record, Burke, Williams & Sorensen, LLP, hereby releases all parties to this action, save and excluding the City of San Jacinto as indernnitor, from any liability for any fees and costs incurred. DATED: December 1999 DATED: December,1999 LLP DEFENDANT L. MICHAEL HANAVAN, In pro per c% L. Michael Hanavan B URKE, WILLIAMS & SORENSEN, (ir a.<4,.l. e Hayward Bi:gs aP'" Attorneys for The People of the State of California, Relator and Plaintiff FRANCIS BOYKIN, a Private Citizen SENT BY:BURKE,WILLIAMS,&SORREN;12- 9-99 ; 11:40 ; RIVERSIDE, CA-) liilow17 kn:bl `JY1`J004.9/L21 l,lIY Ur 5NN J6il,LNIU 9096543728;# 6/ 7 P MI t Gb IT IS SO ORDERED. DATED: JOAN F. ETTINGER JUDGE OF THE SUPERIOR COURT MINUTES SAN JACINTO CITY COUNCIL AND THE REDEVELOPMENT AGENCY Regular Meetings - December 2, 1999 AGE DA S . Community Center 625 South Pico Avenue San Jacinto, California CALL TO ORDER Mayor Williams called the regular City Council meeting to order at 7:13 p.m with the following members present: Ayers, Carlson Buydos, Conner and Williams Absent: Council Member Good Mayor Williams reported on the work session meeting and Council's direction for staff to negotiate an agreement with Parsons Brinckerhoff Construction Services, Inc. for construction management services on the Main St. Bridge project. The invocation was given by Rev. Ron Roberson of the Shepherd's House The pledge of allegiance was led by Council Member Conner. 2. SPECIAL PRESENTATIONS: None 3. PUBLIC COMMENTS: None 4. REDEVELOPMENT AGENCY 4.1 Agency President Williams called the RDA to order and opened the public hearing on the RDA Implementation Plan at 7:16 p.m. Planning Director Hults summarized his staff report dated December 2, 1999. He indicated the public noticing requirements had been met and the plan should be adopted by the end of the year. There were no questions from Council. Mr. Gary Cane, President, Valley Foundation for the Developmentally Disabled, read and submitted his letter dated December 2, 1999, requesting funds to improve their facility. The Foundation's residential care facility is located at Main Street and Camino Las Banos in San Jacinto. Jim Fredericks, Valley Foundation for the Developmentally Disabled, supported the request for funding and estimated the total project cost for Phase I at $550,000.00. Agency President Williams closed the hearing at 7:26 p.m. Planning Director Hults answered questions for clarification from the Agency. A short discussion was held regarding: Sallee Park improvements, identifying a December 2, 1999 housing strategy, including updating the Housing Element of the General Plan, application of credits to housing set asides for housing in an project area vs outside a project area and the Valley Foundation's request. AGENCY CONSENSUS resulted in direction to staff to bring the item back on December 16, 1999. 4.2 Agency President Williams called on Executive Director Mocalis who presented revised language to the RDA By -Laws. Following discussion the Agency directed staff to bring the matter back with the proposed change of meeting place. Agency President Williams adjourned the Redevelopment Agency at 7:38 p.m. CLOSED SESSION REPORT: City Attorney Aleshire reported on the following closed session items: (9.1) Conference with Legal Council on litigation pursuant to Government Code Section 54956.9 (b) (3) (B) - The People of the State of California, on relation Francis Boykin et.al vs. Michael Hanavan, and (9.3) Committee for Responsible Government in San Jacinto, Francis Boykin, Robert Otta et al vs Pamela Lee, City Clerk for San Jacinto et al, Riverside Superior Court Case Number 320246 and 320302 were not held. (9.2) Conference with Legal Counsel on litigation pursuant to Government Code Section 54956.9 Park Manor vs City of San Jacinto et al, US District Court Case Number CV98-7100 LGB (NANx) was not discussed. (9.4) Conference with Legal Council on litigation pursuant to Government Code Section 54956.(b) (3) (B) - CFD#2 Elliott Associates vs City of San Jacinto, Riverside Superior Court Case Number 309354 was discussed, but no action taken. Council Member Conner and Mayor Williams were not in chambers during closed session discussion of the item. 5. CONSENT CALENDAR - CITY COUNCIL 5.1 Warrant Register approved. 5.2 Claim Number JS9809-01 (Gouin Excavating) rejected. 5.3 Claim Number JS0003-01 (Sterling Casualty Insurance Company) rejected. 5.4 Ordinance No. 1078 adopted. 5.5 Minutes of Special Joint Meeting, October 28, 1999 approved. 2 December 2, 1999 5.6 Minutes of Regular Meeting, November 4, 1999, approved as amended to correct page 2, item 4.1, last sentence: change the final portion to read ...but they were never produced. Page 3, item 5.2, second sentence of Mayor's comment, change the final portion to read: ...sent a very damaging letter. Page 4, item 6.1, paragraph 4: identify Legal Counsel as Assistant City Attorney Traynum. 5.7 Minutes of Special Work Session, November 18, 1999, approved. 5.8 Minutes of Regular Meeting, November 18, 1999, approved 5.9 Settlement agreement in the matter of Thomas F. White v. City of San Jacinto approved. Following discussion for the purpose of clarification of consent items the Council took action. Moved by Ayres and seconded by Williams to approve the consent calendar items 5.1 thru 5.5 and 5.7 thru 5.9, as presented and item 5.6 as corrected. Ayes: Ayres, Carlson Buydos, Connor and Williams Noes: None Absent: Good 6. PUBLIC HEARING: None 7. CITY DEPARTMENTS 7.1 Mayor Williams called on City Clerk Hynes who summarized her staff report on Amendments to Rules of Procedure dated 2 December 1999. Following discussion, item 2.1 was amended to reflect "10 days prior" for submittal of agenda items. The Consent Calendar was moved to follow City Departments by consensus of the Council. 7.2 Mayor Williams called on City Manager Mocalis who led staff in reporting their Y2K readiness. Kevin Turner, CDF; and Commander Backlund, San Jacinto Police Department Emergency Services Coordinator gave verbal reports outlining the precautions taken. City Manager Mocalis reviewed written reports from Water, Streets and Parks Departments and Dale Stubblefield, Information Planner. He noted CDF's plans to provide extra man -power on New Year's Eve and that there a couple of traffic signals which are still being work on. 8. MAYOR/COUNCIL MEMBER REPORTS/DISCUSSIONS 8.1 Mayor Williams presented the following appointments to City Council Sub Committees: Council Ad Hoc Subcommittees: CDBG Review: Education: General Plan Review Highway 79 Realignment: Lake Park Bridge: Refuse/Recycling: San Jacinto Levees: Virginia Lee Hotel: Mayor Williams Vice -Mayor Ayres Vice -Mayor Ayres Council Member Conner Information Planner Stubblefield Council Member Carlson Buydos Vice -Mayor Ayres Council Member Carlson Buydos Vice -Mayor Ayres Mayor Williams Council Member Conner Mayor Williams Council Member Conner Mayor Williams Council Member Conner Council Member Conner Vice -Mayor Ayres Council Standing Subcommittees: Budget: Community Center Activities: Economic Development: Historic Preservation: Public Safety: Outside Committees: Chamber Liaison: Childcare Consortium: Deleted Council Member Good Council Member Carlson Buydos Vice -Mayor Ayres Council Member Carlson Buydos Vice -Mayor Ayres Council Member Conner Information Planner Stubblefield Deleted Vice -Mayor Ayres Council Member Carlson Buydos Vice -Mayor Ayres Planning Director Hults December 2, 1999 December 2, 1999 EMWD Planning Task Force: Council Member Conner Groundwater Association: Healthy Communities: Heritage Project Liaison: RCTC: RTA: Ramona Pageant: One Stop Career Center: Riverside County/City Selection: Riverside County Disaster Council: Riverside County Free Library Advisory Committee: San Jacinto Disaster Council: Senior Issues & Senior Housing Committee: Tribal Council Liaison: VEDC: Council Member Conner Council Member Good Council Member Conner Council Member Good Council Member Carlson Buydos Information Planner Stubblefield Mayor Williams - Primary Council Member Carlson Buydos - Alternate Mayor Williams - Primary Vice -Mayor Ayres - Alternate Council Member Conner Council Member Good Planning Director Hults Mayor Williams Council Member Carlson Buydos Council Member Good Vice -Mayor Ayres Information Planner Stubblefield Mayor Williams SJ Police Dept Commander Backlund City Manager Mocalis Finance Director Kaenel Planning Director Hults Riverside County Fire Battalion Chief Council Member Good Planning Director Hults Mayor Williams Vice -Mayor Ayres Council Member Conner Planning Director Hults December 2, 1999 Valley Youth Task Force: Vice -Mayor Ayres Council Member Good WRCOG: Mayor Williams - Primary Council Member Conner - Alternate Water Issues: Council Member Conner SCE Franchise: Council Member Conner Council Member Good Moved by Ayres and seconded by Williams, to approve Mayor William's appointments to the subcommittees. Ayes: Ayers, Carlson Buydos, Connor and Williams Noes: None Absent: Good 8.2 Change of Council Venue Mayor Williams reported he was approached by SJUSD regarding use of the District's Meeting room by the City Council. He said the School Board president was supportive. Mayor Williams said he wanted to begin meeting there in January and asked the item be brought before the Council on December 16`h. He also asked that the purchase of a new vote display board be considered. 8.3 Main Street Bridge Groundbreaking. Mayor Williams reported the groundbreaking for the Main Street Bridge would be in early February and appointed Vice Mayor Ayres and City Clerk Hynes to coordinate the event. 8.4 City Manager Recruitment Update Mayor Williams asked for an item regarding City Manager recruitment be brought back to Council on December 16t. RECESS Mayor Williams called a recess at 8:24 p.m. and reconvened the City Council in closed session at 8:41 p.m. with all members present except Council Member Good. .9. CLOSED SESSION : At the hour of 9:54 PM, Council reconvened in open session and City Attorney Aleshire reported on the following closed session items: 6 December 2, 1999 (9.1) Conference with Legal Council on litigation pursuant to Government Code Section 54956.9 (b) (3) (B) - The People of the State of California, on relation Francis Boykin et.al vs. Michael Hanavan, and (9.3) Committee for Responsible Government in San Jacinto, Francis Boykin, Robert Otta et al vs Pamela Lee, City Clerk for San Jacinto et al, Riverside Superior Court Case Number 320246 and 320302 ; and (9.2) Conference with Legal Counsel on litigation pursuant to Government Code Section 54956.9 Park Manor vs City of San Jacinto et al, US District Court Case Number CV98-7100 LGB (NANx) were discussed and no action was taken. (9.4) Conference with Legal Council on litigation pursuant to Government Code Section 54956.(b) (3) (B) - CFD#2 Elliott Associates vs City of San Jacinto, Riverside Superior Court Case Number 309354 was reported earlier in the meeting. 10. ADJOURNMENT Mayor Williams adjourned the meeting at 10:18 p.m. with all members present except Council Member Good. Cynthia A. Clarke Deputy City Clerk 7 AGENDA S*.t MINUTES SAN JACINTO CITY COUNCIL Work Session - 2 December 1999 Community Center 625 South Pico Avenue San Jacinto, California 1. CALL TO ORDER Mayor Williams called the work session to order at 5:02 p.m. with the following members present: Ayers, Carlson Buydos, Conner, and Williams. Absent: Council Member Good 2. SPECIAL PRESENTATIONS - None 3. PUBLIC COMMENTS - None 4. REDEVELOPMENT AGENCY - Not Held 5. CONSENT CALENDAR - CITY COUNCIL - None 6. PUBLIC HEARING - None 7. CITY DEPARTMENTS 7.1 Mayor Williams called on City Engineer Motlagh to introduce the firms to be interviewed for Construction Management Services for the Main Street Bridge Project. The following firms submitted their proposals and gave their presentations. Parsons Brinckerhoff Construction Services, Inc.'s presentation was given by their management team: Doug Sawyer, Brett Barnett and Wael Faqih. CALTROP Engineering's presentation was given by David H. Saber. Mr. Saber, Ken Strauss, David Evans, John Bartholomew and Red Moses were introduced as their project management team. Following their presentations, City Engineer Motlagh responded to questions from Council Members for the purpose of clarification. Moved by Ayres and seconded by Carlson Buydos to direct staff to negotiate a contract with Parsons Brinckerhoff and bring it back to the Council for approval. Ayes: Ayres, Carlson Buydos, Connor and Williams Noes: None Absent: Good 8. MAYOR/COUNCIL MEMBER REPORTS/DISCUSSIONS - None 9. CLOSED SESSION - Not held at this time. 10. ADJOURNMENT Mayor Williams adjourned the meeting to a closed session at 6:30 p.m. Cynthia A. Clarke Deputy City Clerk FUND CITY OF SAN JACINTO TREASURER REPORT FOR THE MONTH OF NOVEMBER, 1999 `35 change INSTITUTION INTEREST MATURITY PREV. MONTH CURRENT from prior SERIAL # RATE DATE BALANCE BALANCE month State-L.A.I.F. General Serial ft9833794 5.484% OPEN $8,982,558 56,982,558 0.0% State-L.A.I.F Redevelopment Serial # 5133120 5.484% OPEN 52.424.815 $2,424,815 0.0% CHECKING Bank of Hemet Serial It 49189346-01 OPEN $322,742 $530,324 -35.5% Cash on Hand $300 9300 0.0% TOTAL CITY & REDEVELOPMENT INVESTMENTS 910,230,415 $9,937,997 -2.B% CASH WITH FISCAL AGENT (BOND FUNDS) UNION BANK CFD NO 2 ACCOUNT NO. 7-11361 Citibank11461991A87 7.810% 0910112014 5852,969 9852,969 0.0% Provident T-Fund 5.285% OPEN 9374,406 $473,782 26.5% TOTAL CFD NO 2 $1,227,375 91,326,751 8.1% REDEVELOPMENT ACCOUNT NO. 7-15639 Provident T-Fund 5.285% OPEN 9336,792 $520,304 54.5% ASSESS DIST 94-1 ACCT NOS. 678644857,678644018 U.S. Treas. Notes U.S. Mny Mkt Cash Pending Inv. ACCT. NO. 7-15777 Debt Service Payment 4.750% 2/15/04 $81,122 $81,095 -0.1% 0.000% OPEN SO $0 0.0% 4.736% OPEN 52,534 52,544 0.4% 983,656 $83,639 0.0% WATER -COPS ACCOUNT NO. 7-16684 8 NO. 7-15980-06 Provident T-Fund 5.285% OPEN 50 50 0.0% $361,649 5363,309 0.5% 1997 WATER IMPROV ACCOUNT N0. 7-15980 Provident T-Fund 5.285% OPEN $4,100,094 $4.117,644 0.4% SOBOBA BRIDGE ACCOUNT N0. 7-18274 Provident T-Fund 5.285% OPEN $892,916 5896,486 0.4% TOTAL UNION BANK 97,002,482 $7,308,133 4.4% BANK OF NEW YORK ASSESS DIST 87-1 ACCT NO. 411795 Cash Reserve Fund 2.740% OPEN TOTAL CASH WITH FISCAL. AGENT 97,002,065 $7,308,317 4.4% TOTAL ALL FUNDS $184 $184 0.0% $17,233,081 $17,246,314 0.1% 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, THERE ARE SUFFICIENT FUNDS TO MEET THE CRY'S NEXT 60 DAYS OBLIGATIONS. AGENDA ITEM l . I STAFF REPORT TO: Honorable Mayor and City Council Members FROM: Dale Stubblefield, Information Planner DATE: December 16, 1999 SUBJECT: CONDITIONAL USE PERMIT 4-99 APPLICANT: Maclin Markets, Inc. 7407 Riverside Drive Ontario, CA 91761 RECOMMENDATION 1. Staff recommends that the City Council approve CUP 4-99 pursuant to the Findings of Fact and Conditions of Approval EXHIBITS Exhibit A: Amended Findings of Fact and Conditions of Approval Exhibit B: Site Plan Exhibit C: Staff Report from September 16, 1999 DISCUSSION The project involves the consideration of a Conditional Use Permit (CUP) and Change of Zone (Approved at the Oct 21st City Council Meeting) to establish a swapmeet with the potential of 350-400 vendors. Currently, the applicant has an existing swapmeet location in San Jacinto with approximately 100 vendors. The site encompasses 29.55 acres with a few structures on site. The applicant proposes to do the improvements as needed, and would phase in the development as the vendor attendance increases. Additionally, the applicant is seeking to operate the swapmeet Saturdays and Sundays and would include a beer garden. On October 22"d, a Council sub -committee met with the applicant and his attorney. The City Attorney conducted the meeting and has reviewed the Conditions of Approval. In the following are the committees recommended Findings of Fact and Conditions of Approval. FINDINGS OF FACT 1. The subject property is neither in seismic study area nor an "A" flood zone. 2. The zoning of the property will change from agricultural to commercial, and will be consistent with the General Plan designation. 3. Use of the site will consist of a 29.55-acre swapmeet that is proposed to established in three phases. The portion of the site that is being developed in phase 1 is 5 acres. 4. The adjacent surrounding uses consist of farms, dairies, and single-family residences. 5. The conditional use granted for the applicant shall remain in force for the amount of time prescribed by the City Council in accordance with Article 17 of Ordinance 340. 6. The proposal will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, provided the Conditions of Approval attached hereto and incorporated herein by reference are met. 7. Police services are provided by the City of San Jacinto Police Department located at 160 W. Sixth Street in San Jacinto. On -site security shall be provided and maintained at a level of service to the satisfaction of the Chief of San Jacinto Police Department. 8. Improvements will be made to Lyon Avenue and De Anza Drive per the City Engineers Conditions of Approval to alleviate the potential impacts caused by the increased vehicular traffic from the swapmeet. CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed subject to the satisfaction of the City Engineer, Planning Director, the Chief of Police, or the Fire Chief, or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. Unless otherwise stated, all plans must be approved prior to building, and all conditions must be satisfied prior to commencement of use or occupancy. PLANNING DEPARTMENT 1. The use hereby permitted is for an outdoor market located along Lyon Avenue. The effective date of this permit is the date it is ratified by the City Council. 2. Prior to the commencement of use, the permittee must sign a certificate accepting all conditions of approval and must demonstrate to the Community Development Department compliance with all conditions of approval. 3. Within six months of the effective date of the Conditional Use Permit, the applicant shall install nine handicap parking spaces, and the applicant shall install a paved driveway from the entrance to the handicap parking area in accordance with a parking improvement plan approved by the Planning Director. All parking improvements shall be in accordance with the City, State and Federal requirements. Within 36 months of the effective date of this permit, the applicant shall have a traffic engineer study the adequacy of on -site parking and projected expansion of the use and make recommendations concerning phasing of parking expansion. This study shall be considered by the Planning Commission at a public hearing, who shall consider amendments to this permit necessary for expansion of parking to protect public health and safety. 4. Outdoor market hours of operation for sales activity shall be limited to 7:00 A.M. to 4:00 P.M. Saturdays and Sundays. Set up will commence no sooner than 6 A.M. and vendors shall be gone by 5 P.M. 5. 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 to and approved by the Community Development Department, pursuant to the requirements of Article 16 of Ordinance 340. No individual vendor signs shall be visible from public streets. 6. In the event the use hereby permitted ceases operation for a period of six 2 months or more, this approval shall automatically become null and void. 7. This Conditional Use Permit is subject to Section 17.11 of Ordinance No. 340 (permit suspension and revocation). 8. Adequate restroom facilities for the vendors and the public shall be open and available during the outdoor market operation. Adequate signage shall be available to direct patrons to restrooms. All restroom facilities shall be well maintained in a clean and operable condition. 9. All electrical hook-ups must comply with all relevant provisions of the National Electric Code as adopted by the City and any necessary building permits must be procured from the Building Department. 10. All vendors shall collect California Sales Tax as required by the State Board of Equalization, and shall provide detailed receipts related thereto on a weekly basis. 11. The swapmeet operator shall hold a current business license, and collect one dollar from each vendor everyday of operation. A report and the business license fees shall be submitted to the Community Development Department on a quarterly basis. 12. All food vendors shall be certified by Riverside County Department of Health. Evidence of this certification shall be displayed prominently. 13. An emergency operations, evacuation and routing plan shall be submitted to the Department of Community Development. 14. The outdoor market shall provide adequate facilities to meet federal and state handicap accessibility requirements. This includes but is not limited to the provision of adequate handicap parking and paths of travel from the parking area to all vendors and other ancillary services provided on -site. 15. The outdoor market operator shall comply with the provisions of Chapter 9, Division 8 of the California Business and Professions Code as such code pertains to Swap Meets. 16. Within six months of the effective date of the Conditional Use Permit or as otherwise authorized by the City Council, the developer shall pay the currently effective traffic signal mitigation fees for the area that is currently developed (currently 4 to 5 acres). As the use is expanded, the owner shall pay additional fees allocable to the additional developed area. 17. Within six months of the effective date of the Conditional Use Permit or as otherwise authorized by the City Council, the developer shall pay the regional and local roadway mitigation fee in effect at that time for the amount of area developed on said property. As the use is expanded, the owner shall pay additional fees allocable to the additional developed area. ENVIRONMENTAL CONDITIONS 1. On -site security shall be provided and maintained at a level of service to the satisfaction of the San Jacinto Police Chief. If necessary to protect public safety, the Police Chief may require uniformed San Jacinto police officers to be on -site. The cost of such security and for the use of San Jacinto police officers shall be borne by the operator. 2. The Planning Commission shall review the operation of CUP 4-99, at a Public Hearing, to ensure compliance with all conditions of approval after 36 months of operation. The cost of the review shall be borne by the applicant/operator. The Planning Commission may establish a schedule for future periodic reviews. 3. No loudspeaker system shall be utilized, except as needed for emergency announcements. 4. Generators shall be properly maintained so as not to exceed 78 decibels at 7 meters (manufacturers' specification and/or satisfactory acoustical test shall be maintained on -site at all times), and shall be strategically placed to utilize buildings as sound barriers for uses to the south. MITIGATION MONITORING PROGRAM 1 Security: On -site security shall be provided and maintained at a level of service to the satisfaction of the San Jacinto Police Chief. If necessary to protect public safety, the Police Chief may require uniformed San Jacinto police officers to be on -site. The cost of such security and for the use of San Jacinto police officers shall be borne by the operator. (Mitigation Monitoring) The San Jacinto Police Department shall coordinate with the on -site security personnel and shall address any inadequacies in security at the swap meet and see that corrections are made immediately. The San Jacinto Police Department shall keep the Community Development Department informed as to compliance with this measure. 2. Trash: The premises shall be continuously maintained in a safe, clean, and orderly condition. 3. Enforcement: With the respect to all conditions which pertain to the on- 4 going operation of the facility, including dust, noise, trash, parking and other matters, the City shall have the right to enter the property at all times to assure complete compliance with these conditions. In the event due to the receipt of complaints or through complaints or through observation it is determined that the operator is not in compliance, the City may order appropriate action to obtain such compliance. Failure of operator to comply with any order of the City shall be grounds for the City to initiate revocation procedures according to Ordinance 340, Article 17. PUBLIC WORKS 1. Within six months of the effective date of this permit, the applicant/operator shall improve one driveway along Lyon Avenue for proper egress and ingress to the site, and to provide appropriate acceleration and deceleration lanes, approximately 150 feet on either side of the driveway, subject to the satisfaction of the City Engineer. In the event, the applicant/operator opens a second driveway along Lyon Avenue the same improvements shall be installed. 2. Within six months of the effective date of this permit, the applicant/operator shall offer for dedication all property necessary for the ultimate right-of-way for Lyon Avenue and De Anza Drive (as realigned) to the City. 3. De Anza Drive shall be used only for vendor ingress and egress. The applicant's engineer shall develop an improvement plan for the driveway approaches and driveway appropriate for the level of usage, and satisfactory to the City Engineer. The driveway shall be improved for that section of the parcel that is being used by the swapmeet. 4. The City Engineer's memo to the Planning Director dated June 25, 1999, outlines various back -of -curb street improvements including curb, gutter, sidewalk, drainage, lighting, and so forth. These improvements on Lyon shall be installed on the first to occur of the following: (i) 36 months after the effective date, (ii) the number of vendor spaces in use exceeds 300, or (iii) the developer on the opposite side of Lyon commences installation of their improvements on Lyon. The improvements shall be completed within 180 days of commencement of construction. FIRE DEPARTMENT 1. Incorporate Herein Fire Departments Conditions l + ;Fj 1 DINT MAXIM PARCEL 1 Pha< S . Ir... 1 - '1 1 F• flrI OFFICIO a SITE PLAN (EXISTING) LEGEND u0CSIOON MA MCl1O= OFFICE u MST= AKIN(( OF01 a YUAII 0MwO1w O x T PANNING 1lmIVA110l1(OOTx LIau1 AUCTION MOM COOL .a OAR < IATCYI II C01 OAIaO CMMMS AMENDMENTS OAT., a.o.., 0ll OWNER/APPLICANT Y<GIM MANIC S 1437 1YYlm[ VOL ONTA1W. u 111n ASSESSOR'S PARCEL No.'S 'y11wyT<p.IVAII.ui LEGAL DESCRIPTION ronlm OF MINI LOT nl OF OW LANA v TM Yn JACINTO LAND YCOOmdL A0 MOWN T MY On AMC W NOON A INOC iT 00 MMC. n[CO1T OF BAN OSOO COUNTY. CAUIFONNIA. I A SAIL W. CCC7l iat BLAB NFIL ZONING Bry7TWR A TTA(alm: O1 LAND USE UMW! On5 un NARKS/ CI00@ NMI Yn MAMT No. OF PROPOSED LOTS UTILMES CLOCIILG WTIIYCI C41FP111A CACTI !Y` 1.033I1a1 C LOOMA OAS A). MON WM 161f11A! 0.71 1WY1lAL GENETUIL PLAN 413IC0AL Ceru1A4 x0Tlm81 CNMwCa1T MaOCT TO: FROM: DATE: SUBJECT: • AGENDA # / STAFF REPORT Honorable Mayor and Members of the City Council Dale Stubblefield, Information Planner September 16, 1999 CHANGE OF ZONE 1-99 AND CONDITIONAL USE PERMIT 4-99 APPLICANT: Maclin Markets, Inc. 7407 Riverside Drive Ontario, CA 91761 RECOMMENDATION 1. Approve the Change of Zone and introduce the attached Ordinance No. , waive the reading in full and read by title only. 2. Affirm, modify, or reject the Planning Commission determination, or 3. Approve a Temporary Conditional Use Permit for a Period not longer than 5 years with any necessary conditions. EXHIBITS Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: DRAFT PLANNING COMMISSION WNW, LETTER FROM MACLIN MARKETS CITY ATTORNEY'S LETTER TO THE PLANNING COMMISSON STAFF REPORT TO THE PLANNING COMMISSION CHANGE OF ZONE ORDINANCE City Couna7 Meeting September 16, 1999 1 • • BACKGROUND The Planning Commission recommended approval to the City Council for Change of Zone 1-99 and Conditional Use Permit 4-99. However, the applicant decided to appeal the decision to the City Council due to the fact they thought the schedule of improvements were too cumbersome for them to install right away. DISCUSSION CHANGE OF ZONE On August 11, 1999, the Planning Commission conducted a public hearing and recommended the City Council approve Change of Zone 1-99. The parcel in question is a 29.55-acre parcel located between De Anza Drive and Lyon Avenue, and historically known as the site for Maclin's Outdoor Swapmeet. The existing General Plan designation is Community Commercial, and the existing zoning is Agricultural. The zone change to General Commercial would substantially conform to the existing General Plan of Community Commercial. Regardless of the action taken on the Conditional Use Permit, Staff recommends that the Council approve the change of Zone so the General Plan and Zoning are in conformity. CUP/TCUP Since the appeal, the applicant has contacted City Staff and requested that Staff review an alternative for them to modify the request to a Temporary Conditional Use Permit and not a Permanent Conditional Use Permit. The City Attorney has reviewed the applicant's request and found that the City Council has the ability to consider this case a Temporary Conditional Use Permit. Section 17.12 (Temporary Conditional Use Permits) "allows the Planning Commission or the City Council the ability to approve structures or uses that are of a temporary nature, valid for a period up to five years after the date of approval..." Additionally the code notes that the Commission or the Council can approve a use, as it deems appropriate regardless of section 17.04. Section 17.04 requires Planning Commission or the City Council to make three findings: 1. That the proposed location of the conditional use is in accordance with the objectives of Ordinance 340, and the purposes of the zone in which the site is located. City Council Meeting September 16, 1999 2 AGENDA ITEM Co STAFF REPORT To: Honorable Mayor and Members of the City Council From: Tim Hults, Planning Director Date: December 16, 1999 Subject: 2000 - 2001 (26th Year) Community Development Block Grant Program RECOMMENDATION: 1. Conduct the second of two public hearings to review the proposed projects for the 2000 - 2001 (26th Year) Community Development Block Grant (CDBG) program. 2. Make allocation decisions for both public service and City -sponsored projects. BACKGROUND: This is the final phase of the Council's actions related to the 2000 - 2001 (26th Year) CDBG program. On November 4, the City Council held the first of two public hearings to gain input from the community on suggested uses for the City's 2000 - 2001 (26th Year) CDBG program. On November 4, the City Council also established the Public Service theme of "Youth, Families, and Seniors" for the nonprofit agencies who would be applying for the public service portion (15%) of the funds. These public hearings are required in order to allow the public to provide input on past performance as well as proposed projects. For 2000 - 2001 the City is projected to receive a total allocation for the 26th-Year CDBG program of $205,000. In the event that the City Council allocates the full 15% ($30,750) allowable to the public service groups, there will be a balance of $174,250 available for City -sponsored projects. City -sponsored projects of past years include: • The Idyllwild Drive Infrastructure Project • Line "E" Overcrossing Enhancement • Community Center Parking Lot Access Improvements • Various sidewalk construction projects • Renovation of the Community Center kitchen • The Downtown Storm Drain • Estudillo Mansion Restoration PUBLIC SERVICE FUNDS As stated above, up to fifteen (15) percent of the City's annual CDBG allocation may be used to fund Public Service activities. For 2000 - 2001 (26th Year), this amount is $30,750. On November 4, 1999, the City Council conducted a public hearing to solicit comments regarding how CDBG funds should be allocated. The theme "Youth, Families, and Seniors" was selected by the City Council as this year's Public Service theme. An application packet was distributed to a number of agencies. Advertisements were also published in the Hemet News providing information on the City's CDBG Program. Twenty- one agencies submitted applications by the November 24, 1999 deadline. Complete copies of the applications are available through the City Clerk's Office. Over the last several years, the Area Directors' Association (ADA) has assisted the City in reviewing and ranking the various public service applications. Once again this year, the ADA agreed to review and rank the public service applications. The ADA completed their review of the Public Service Agencies requests and ranked the various Agencies by points. The Public Service Agencies could attain a maximum score of 21 points. Six Agencies received 21 points, six Agencies received 20 points, one Agency received 18 points and one Agency received 11 points. Seven Agencies were disqualified by the Area Directors Association due to incomplete applications or because their request did not meet the Council theme. A copy of the Area Directors Association CDBG evaluation form is attached for your information. The following table depicts the Area Directors Association ranking: TOP RANKED PUBLIC ADA SCORE SERVICE AGENCIES Alternative to Domestic Violence 21 Care -A -Transit 21 Central County United Way 21 R.S.V.P. Family Service Association 21 Habitat for Humanity 21 Valley Resource Center 21 SECOND PLACE PUBLIC ADA SCORE SERVICE AGENCIES Assistance League 20 California Family Life Center 20 Central County United Way 20 Foster Grandparents Central County United Way 20 J.O. B.S. T.H.E. Center 20 Valley Restart 20 THIRD PLACE PUBLIC ADA SCORE SERVICE AGENCY Center Against Sexual Assault 18 FOURTH PLACE PUBLIC ADA SCORE SERVICE AGENCY Friends of Jefferson House 11 FUNDING REQUEST $10,000 $10,000 $5,000 $5,000 $3,500 $10,000 FUNDING REQUEST $5,000 $7,500 $5,000 $7,500 $5,000 $10,000 FUNDING REQUEST $8,000 FUNDING REQUEST $8,071 CITY -SPONSORED PROJECTS The City is required to spend a minimum of 85% of their annual CDBG allocation on City -sponsored projects. This year, the projected amount available for City -sponsored projects is $174,250. Staff recommends one of the following projects for the upcoming CDBG program year: OR • Camino Los Banos and Cecilia Drive Sewer Improvements PROJECT AMOUNT: $174,250 • Heritage Area Pavement Rehabilitation PROJECT AMOUNT: $174,250 NEXT STEPS Once the City Council has made their allocation decisions for both the public service and City -sponsored projects, the City staff will finalize the applications that need to be submitted to the County Economic Development Agency by January 14, 2000. The County will review the applications as to eligibility and then submit all projects that meet the CDBG criteria to the Housing and Urban Development Department. The County staff anticipates that they will give us notice to begin expending funds in the Fall of 2000. Upon receiving the notice to begin expending funds, the City and the nonprofit agencies may begin work on their projects. Hiccrpt-99lcdbgph2 12/08/1999 19:59 6583295 HABITAT4HUMANTY PAGE 02 SAN JACINTO CDBG REVIEW PROCESS ADA EVALUATION FOR: Consist of three areas of Evaluation: Name of Program/Agency I Preliminary Evaluation Il Technical Evaluation III Summary Evaluation I. Preliminary Evaluation Rating in each category is either 0 (zero) or 1 (one). A 0 (zero) in any of the below categories eliminates the application for consideration in the CDBG process. ALL AGENCIES Rating A. Application is complete B. Program meets theme (set by City) C. Program impacts San Jacinto population PREVIOUSLY FUNDED AGENCIES (last year) D. Program is new or expanded (VI. Section D) f. Technical Evaluation Rating in each Category is either 0 (zero) or 1 (one). A 1 (one) indicates section information is complete and acceptable. A 0 (zero) indicates incomplete or unacceptable information. Categories follow the same sequence as CDBG application. I. General Information (complete) H. Organizational History (complete & accurate) III. Project Activity (complete) Rating 12/0B/1999 19:59 6583295 HABITAT4HUMANTY PAGE 63 IV. Project Narrative Section A (complete) Section B 1. Description qualifiable 2. Needs & methods explained 3. Identified census tracts served 4. New Project/explains increased service 5. Tracking methods 6. Defines benefits 7. Attached & readable V. Project Benefit (one clearly stated category & sources documentation) VI. Financial Information (accurate & current) VII Management Information Section A (complete) Section B (clearly stated within time frame) Section C (clearly stated) VIII. Citizen Participation IX. Planning (clearly stated) X. Certification (completed) 1II. Summary Evaluation Preliminary Evaluation (Qualified = 3 points) N/A Total Points Technical Evaluation (possible 18 points) Total Points Total points determine inclusion in A or B recommendation to the City of San Jacinto CDBG Committee. 17-21 points will receive A recommendation 16-13 points will receive B recommendation 12-0 points will receive NO recommendation cdbgonn 12-08-99 12/10/1999 10:07 9096520064 UNITED WAY PAGE 01 AREA DIRECTORS ASSOC. ° Jo p'iornoti eoal2c atiVE t f f o2t, eneowcayE .s.ha7.Ed 4E1041-7ee6. and Eneianee t/rE p ! 1i2Sze of &zfLu.EnCE of lncd-eounfy non-/2w f1t 6.ZWICE /22oildE' .tl To; San Jacinto City Council December 9, 1999 From: Area Directors Association RE: CDBG Grant Evaluations Applications were reviewed by the ADA Committee on Wednesday, December 8t, 1999. The Committee consisted of Sharon Desgro, ADA President, Susan Weeks, ADA Secretary, Judy Taylor, Linda Roos, and Ken Shaw. Scoring 21 out of a possible 21 points: 1. Valley Resource 2. Central County United Way - R.S.V.P. 3. Care -A -Transit 4. Habitat for Humanity 5. Alternatives to Domestic Violence 6. Family Service Association Scoring 20 out of a possible 21 points: 7. California Family Life 8_ Central County United Way - Foster Grandparents 9. Valley Restart 10. Central County United Way - J.O.B.S. 11. T.H.E Center 12. Assistance League Scoring 18 out of a possible 21 points: 13. Center Against Sexual Assault Scoring 11 out of a possible 21 points: 14. ' Friends of the Jefferson The following applications were not scored because of incomplete applications or program did not meet the theme set by the City of San Jacinto A. Valley Intervention Program B. Valley Resource Center C. La Vista D. Senior Day Care Center E. Volunteer Center of Riv. County F. Hemet Public Library G. Valley Wide Recreation .CP.O. -Box /56, =Can;aelnfo, Ca. 92581 AGENDA ITEM 7. 2- STAFF REPORT TO: Honorable Mayor and City Council Members FROM: Habib Motlagh, City Engineer DATE: December 16, 1999 SUBJECT: LAKE PARK BRIDGE - FLOOD CONTROL PERMIT RECOMMENDATION Approve the encroachment permit with minor modifications as presented, or as deemed appropriate by the Council. BACKGROUND Riverside County Flood Control (RCFC) is requesting City Council's approval of the enclosed permit prior to issuance of the encroachment permit. Based on my conversations with City Attorney's office, there are some issues, which they would like revisions prior to Council's approval. The permit form is RCFC's standard format and any significant revisions must be reviewed and approval by their attorney and the Board of Supervisors which may take some time. The Mayor and Councilmember Conner have also met with Flood Control staff to clarify some of these issues. Since we expect the contractor to begin his work by mid -January of 2000, it is critical to approve the permit as presented or make a formal request to Riverside County Flood Control and ask for revisions at the earliest possible time. am enclosing copies of my correspondence to the City attorney's office and his response dated November 23, 1999. DAVID P. ZAPPE General Manager -Chief Engineer Mr. Habib Motlagh City Engineer City of San Jacinto 201 East Main St. San Jacinto, CA 92583 Dear Mr. Motlagh: 1995 MARKET STREET RIVERSIDE, CA 92501 909.955.1200 909.788.9965 FAX 59682. I RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT November 9, 1999 Re: San Jacinto River Encroachment Permit No. 4-0-020-2386 Main Street Bridge Enclosed is Encroachment Permit No. 4-0-020-2386, which must be signed on Page No. 4 by the City of San Jacinto before the District signs the permit. Also the City must sign the Main Street Bridge Plans, prepared by Dokken Engineering, before the District will issue the permit. Please contact me at 909.955.1280 or Ed Lotz, District Permit Engineer, at 909.955.1266 if you have questions regarding this permit. Very truly your , COEN COUWENBERG Chief of Operations and Maintenance Division Enclosure EWL:slj 59171.1 No. 4-0-020-2386 COUNTY OF RIVERSIDE, STATE OF CALIFORNIA RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT City of San Jacinto 312 East Main Street San Jacinto, CA 92583 Attn: Mr. Habib Motlagh ENCROACHMENT PERMIT Riverside, California November 9 19 99 In compliance with your request of November 8 , 19 99 and subject to all the terms, conditions and restrictions written below or printed as general or special provisions on any part of this form PERMISSION IS HEREBY GRANTED TO realign and reconstruct the San Jacinto River levee maintenance roads on the east and west sides of the river at Main Street in the city of San Jacinto. The purpose for the realignment and reconstruction of the maintenance roads is to allow for the construction of the new Main Street Bridge across the river in accordance with the drawings prepared by Dokken Engineering. The maintenance roads will be constructed in accordance with Sheet Numbers 2 and 7 through 10 dated October 15, 1999 of the drawings prepared by Dokken Engineering. Permission is also granted to use District property to construct and maintain the bridge. Following is a list of District properties that are required for the bridge and the reason each property is required. Engineering Resources of Southern California, Inc., has prepared the legal descriptions for the portions of the District properties that are required for the bridge. The legal descriptions are given on Exhibits "A" and "B" which are included with this permit. (Continued) This permit is to be strictly construed and no work other than that specifically mentioned above is authorized hereby. Performance of the work shall be deemed to be acceptance by the Permittee of all terms and conditions of this permit. This permit shall be voided unless work herein contemplated shall have been completed before December 31 19 2000 Drawing No(s). 4-236 Sheet(s) 10 RECOMMENDED FOR APPROVAL: APPROVED: By PERMIT ENGINEER DAVID P. ZAPPE GENERAL MANAGER -CHIEF ENGINEER By EWL:pin CHIEF OF OPERATIONS 9503 (Rev 4/99) GENERAL PROVISIONS 1. ACCEPTANCE OF PROVISIONS. It is understood and agreed by the Permittee that the performance of any work authorized under this permit shall constitute an acceptance of the provisions contained herein, and failure to comply with said provisions shall result in revocation of this permit by the Riverside County Flood Control and Water Conservation District. 2. NO PRECEDENT ESTABLISHED. This permit is granted with the understanding that this action is not to be considered as establishing any precedent on the question of the expediency of permitting any certain kind of encroachment to be erected within right of way of the Riverside Flood Control and Water Conservation District. 3. KEEP PERMIT ON WORK. This permit shall be kept at the site of the work and must be shown to any representative of the Riverside County Flood Control and Water Conservation District upon request. 4. PERMITS FROM OTHER AGENCIES. The party or parties to whom this permit is issued shall, whenever the same is required by law, secure the written order or consent to any work hereunder from the Public Utilities Commission of the Slate of California or any other public Board having jurisdiction, and this permit shall be suspended in operation unless and until such order or consent is obtained. 5. CLEAN UP RIGHT OF WAY. Upon completion of the work, all brush, timber, scraps and material shall be entirely removed and the right-of-way left in as presentable condition as before work started. 6. STANDARDS OF CONSTRUCTION. All work shall conform to recognized standards of construction. 7. SUPERVISION OF GRANTOR. All the work shall be done subject to the supervision of, and to the satisfaction of, the Riverside County Flood Control and Water Conservation District. �` FUTURE MOVING OF INSTA LATION. It is under ood by the Permittee at whenever constructreconstructior pr meinte ce work A Non th ht of w require, the insta ' n provided for he ' hall, upon request o verside County Flo ntrol and111ater Conservation tnct, b mediately mov y, and at the xpense of, the e. 9. LIABILITY FOR DAMAGES. The permittee shall indemnify and hold the Riverside County Flood Control and Water Conservation District, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of permittee, its officers, agents, employees, subcontractors, independent contractors, guests and invitees, for property damage, bodily injury or death or any other element of damage of any kind or nature related to or in anywise connected with or arising from the permittee's use of the premises, including, but not limited to, the construction, operation and maintenance of the installation provided for herein on the District's right-of-way or any such claims that may arise out of the failure of such installation, the condition thereof or the obligations to be performed by the permittee herein. The permittee shall defend, at its expense, including attorney's fees, the Riverside County Flood Control and Water Conservation District, its officers, agents, employees and independent contractors, in any claim or legal action based upon such alleged acts or omissions. 10. SURVEY MONUMENTS. Riverside County Flood Control and Water Conservation District monuments and/or right-of-way markers placed for the convenience of the permittee and monuments or right-of-way markers destroyed or requiring placement during or after completion of the work shall be done by the Riverside County Flood Control and Water Conservation District's survey crews and the permittee shall pay to the Riverside County Flood Control and Water Conservation District any and all costs incurred in the placement or replacement of District monuments and/or right-of-way markers within 30 days of billing from the Riverside County Flood Control and Water Conservation District. 11. MAKING REPAIRS. The permittee shall replace and restore the right of way at the place of the excavation to its condition prior to the making of the excavation. 12. CARE OF DRAINAGE. If the work herein contemplated shall interfere with the established drainage, ample provision shall be made by the Permittee to provide for it as may be directed by the grantor. 13. MAINTENANCE. The permittee agrees by the acceptance of this permit to exercise reasonable care to maintain properly any encroachment placed by it in the right of way and to exercise reasonable care in inspecting for and immediately repairing and making good any injury to any portion of the right of way as a result of the work done under this permit, including any and all injury to the right of way which would not have occurred had such work not been done or such encroachment not placed therein. 14. PERFORMANCE WARRANTY. Bond may be required of the permittee whenever in the judgment of the Riverside County Flood Control and Water Conservation District, it becomes necessary or advisable to guarantee performance. 15. DURATION. This permit may be cancelled by the Riverside County Flood Control and Water Conservation District upon thirty days written notice to permittee. SPECIAL PROVISIONS ❑ 1. INSPECTION FEE REQUIRED BY GRANTOR. The permittee shall deposit a sum in the amount of $ with the Riverside County Flood Control and Water Conservation District at least five working days prior to the anticipated start of work covered by this permit. Said amount is to cover the estimated cost of inspection, investigation, testing, etc., by the District of the work proposed under the permit. ❑ 2. NOTICE OF BEGINNING OF WORK. The permittee shall advise the Chief Engineer in writing of the anticipated start of work covered by this permit. Said notice shall be delivered to the office of the Riverside County Flood Control and Water Conservation District at least five working days prior to the start of work. RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ENCROACHMENT PERMIT PAGE 2 City of San Jacinto Encroachment Permit No. 4-0-020-2386 November 9, 1999 District Property: Portion of Parcel 4020-119C Property Requirement: Street Construction & Maintenance Portion of Parcel 4020-122C Street Construction & Maintenance Parcel 4020-120B Bridge & Street Construction Portion of Lake Park Drive & Maintenance J Portion of Parcels 4020- Bridge &.Street Construction 122A and 122C & Maintenance 59171.1 Legal Description: Exhibits A & B (Parcel 1); prepared by Engineering Resources; dated 4/20/99 Exhibits A & B (Parcel 2); prepared by Engineering Resources; dated 6/3/99 Exhibits A & B; prepared by Engineering Resources; dated 5/26/99 Exhibits A & B; prepared by Engineering Resources; dated 6/3/99 In addition to the above properties required for the construction and maintenance of the bridge and street, two easements will be required to construct and maintain the realignment maintenance roads. The following exhibits that are included with this permit give the legal descriptions of these properties: 1. Exhibits "A" and "B" prepared for a portion of Farm Lot 198 of the lands of the San Jacinto Land Association by Engineering Resources and dated June 3, 1999. 2. Exhibits "A" and "B" prepared for a portion of Jose A. Estudillo's Subdivision of Tract VII by Integra Engineering, Inc., and dated June 21, 1999. Eastern Municipal Water District has. given the Flood Control District easement rights to the property indicated in number one above by their letter dated September 2, 1999 to the City of San Jacinto. The City of San Jacinto will be responsible for providing easement rights to the District for the property indicated in number two above. This permit work falls in the category of Major Construction as defined by the Fee Schedule (see Resolution No. F88-21). The initial inspection fee will, therefore, be $5,000.00 (based on previous District inspection costs of the State Street Bridge across the San Jacinto River); however, if inspection costs exceed this amount, the Permittee will be billed for the additional costs. The inspection fee shall be submitted to the District before the start of construction. All construction shall be performed in accordance with the appropriate provisions of the Standard Specifications for Public Works Construction, latest edition, unless otherwise stated below. Prior to beginning construction, the Permittee or the contractor performing the work shall furnish a certificate of insurance with comprehensive liability limits of $2,000,000 per occurrence, naming the Permittee, the District, the County of Riverside, and any municipal corporation within which the work is to be performed, as additional insured. This insurance shall remain in effect for the duration of the work. Please reference the encroachment permit number on the certificate of insurance. Permittee's attention is called to all General and Special Provisions found on the reverse side of Sheet 1 of this permit. 59171.1 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ENCROACHMENT PERMIT PAGE 3 City of San Jacinto Encroachment Permit No. 4-0-020-2386 November 9, 1999 The District requires 5 days notice prior to commencing work. Notice shall be given by contacting the Permit Section at 909/955-1266 and completing the attached Construction Starting Notice and mailing it to the District. In the event Permittee or contractor fails to give proper notice before starting work, Permittee's contractor shall be required to remove the levee and slope protection fill for inspection and/or reconstruction of the work described in this permit, as directed by District's engineer. In addition, after any period of inactivity of 3 working days or longer, the Permittee will again be required to notify this office at Least one working day in advance of the resumption of work. Failure to properly notify this office could result in the permit being revoked. Within 10 working days after completing construction, please fill out the attached Construction Completion Notice and mail it to the District. The District must receive the Construction Completion Notice before acceptance of the work authorized by this permit. If installation is not completed s k, the permit w11 be suspended and no work will be allowed until a penalty payment for additional inspection costs is paid. This penalty will be assessed for each 10 working days, or other specified period until the installation is completed. The Permittee shall be fully responsible for obtaining and providing the District with proof of clearance from the U. S. Army Corps of Engineers (Corps) in the form of a Section 404 Permit or a letter of non jurisdiction prior to commencing any work. If a Section 404 Permit is required from the Corps, and if applicable, the Permittee shall also be responsible for obtaining a Section 401 Water Quality Certification or Waiver from the goveming Regional Water Quality Control Board (or the Environmental Protection Agency if the project is located within Tribal Lands). The Permittee shall be fully responsible for obtaining and providing the District with proof of a Section 1603 Streambed Alternation Agreement for the proposed work from California Department of Fish and Game prior to commencing any work. The Permittee shall accept full responsibility for obtaining and complying with all of the terms and conditions of any permits necessary to perform the proposed work and for complying with all Federal, State and County environmental laws. MATERIALS AND METHODS 1. Earthwork — Levee and channel backfill shall be native material compacted to not less than 90 percent relative. Copies of compaction test results shall be submitted to the District. All surplus material shall become the property of the Permittee and shall immediately be disposed of away from the site of the work. 2. Sufficient access to the river levees must be provided at all times for District maintenance personnel and vehicles during bridge construction. 59171.1 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ENCROACHMENT PERMIT PAGE 4 City of San Jacinto Encroachment Permit No. 4-0-020-2386 November 9, 1999 3. The reconstruction of the levee slope protection must be equivalent to or exceed the existing slope protection design. During the construction of the bridge abutments a minimum levee top width of 20' shall be maintained to ensure containment of floodwaters. The U. S. Army Corps of Engineers designed the slope protection which is shown on District Drawing No. 4-236, sheet 10. SEASONAL CONSTRAINTS 1. One hundred percent (100%) of the channel design capacity must be maintained for river flows throughout the Winter season between October 15 and April 14 each year. 2. A minimum of one third (33.3%) of the channel design capacity must be maintained in the Fall, between September 1 and October 15. 3. A minimum of one third (33.3%) of the channel design capacity must be maintained in the Spring, between April 15 and May 31. 4. A minimum of five percent (5%) of the channel design capacity must be maintained in the Summer, between June 1 and August 31. 5. Hydraulic calculations that demonstrate that the required channel capacities will be maintained will be required to be submitted for approval. 6. No stockpiles of material, temporary buildings or equipment shall remain in the floodway during the flood season from October 15 to April 14. By acceptance of this permit, the City of San Jacinto acknowledges and takes full responsibility for the inspection, operation and maintenance of the Main Street Bridge. By acceptance and implementation of this permit, the City of San Jacinto hereby expressly agrees to indemnify and hold District and the County of Riverside, and their respective officers, agents, employees and independent contractors free and harmless from any claims whatsoever based or asserted, pursuant to Article 1, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage whatsoever for the construction of the Main Street Bridge. Further, the City of San Jacinto shall indemnify and hold District and the County of Riverside, and their respective officers, agents, employees and independent contractors harmless from any property damage or any other element of damage of any kind or nature arising pursuant to Article 1, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any law or ordinance as a result of the plans, specifications, planning or implementation of the Main Street Bridge. The City of San Jacinto shall defend at its own expense, including attorney fees, District and the County of Riverside, and their respective officers, agents, employees and independent contractor from any liability whatsoever based or asserted upon any act or omission, excluding willful misconduct, of District or the County of Riverside, and their respective officers, agents, employees 59171.1 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ENCROACHMENT PERMIT PAGE 5 City of San Jacinto Encroachment Permit No. 4-0-020-2386 November 9, 1999 and independent contractors for any property damage or any other type or element of damage of any kind or nature relating to or arising from District's issuing Encroachment Permit No. 4-0-020-2386. This permit becomes valid upon signatures hereunder by the mayor of the City of San Jacinto or his designated representative, and attested by the City Clerk. This permit is to be strictly construed and no work other than that specifically mentioned above is authorized hereby. Signatures below and performance of the work shall be deemed to be acceptance by the Permittees jointly and severally, of all terms and conditions of this permit, and obligations and liabilities imposed thereby. Mayor - City of San Jacinto Date City Clerk - City of San Jacinto Date 59171.1 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ENCROACHMENT PERMIT PAGE 5 City of San Jacinto Encroachment Permit No. 4-0-020-2386 November 9, 1999 and independent contractors for any property damage or any other type or element of damage of any kind or nature relating to or arising from District's issuing Encroachment Permit No. 4-0-020-2386. This permit becomes valid upon signatures hereunder by the mayor of the City of San Jacinto or his designated representative, and attested by the City Clerk. This permit is to be strictly construed and no work other than that specifically mentioned above is authorized hereby. Signatures below and performance of the work shall be deemed to be acceptance by the Permittees jointly and severally, of all terms and conditions of this permit, and obligations and liabilities imposed thereby. Mayor - City of San Jacinto Date City Clerk - City of San Jacinto Date Development Services HE CITY OF SAN J A C I N T O FAX MEMORANDUM TO: Mr.Eric Dunn, Rutan & Tucker, LLP FAX #: 714-546-9035 FROM: Habib Motlagh,"City Engineer SUBJECT: LAKE PARK DRIVE BRIDGE -FLOOD CONTROL ENCROACHMENT PERMIT DATE: November 12, 1999 Attached, please find a copy of the permit for the Lake Park Bridge Project. The permit is similar to the other permit you are currently working on with the exception that the City is the lead agency and the design engineer was contracted by the City. Please give me a call should you have any questions, or concerns. X-copy: 201 E. Main Street • San Jacinto, CA 92583 Tel:909/487-7330 • Fax: 909/654-9896 • www.ci.san-jacinto.ca.us Development Services THE CITY OF SAN JACINTO FAX MEMORANDUM TO: Eric Dunn, Rutan & Tucker, LLP FAX #: 714-546-9035 FROM: Habib Motlagh, City Engineer SUBJECT: RIVERSIDE COUNTY FLOOD CONTROL - ENCROACHMENT PERMIT (LAKE PARK DRIVE BRIDGE) DATE: November 23, 1999 Enclosed, please find a copy of the general provisions that are a rider to the encroachment permit application with RCFC&WCD. Please provide the City with your comments. Thank you for your assistance. 201 E. Main Street • San Jacinto, CA 92583 Tel: 909/487-7330 • Fax: 909/654-9896 • www.ci.san-jacinto.ca.us RCV BY CITY 0F_5AN JAOINTO ;11-23-99 ; 6 11PM I +-� COMM, DEVELOPMENT # 2 IIYY LY rc YV•T1.M11 Ir.ui I\VIAII • IVY1161\ LLI I 1 IIC 1?LF VY 1 IYI TAN CKER ATTORNEYS AT LAW A rAKTICRinit RVCF.ru1N1 rkOre5510 NA• 1 uKrOKA1l On 011 ANTON hOuLEVARD. FtotaICLN1n FLOOR COS fA 1nFSA. CAL1tORn1A 97A2a.1 vva Y•IKCCI ALL aim!. TO 1.051 OFFICF Kr,. 7VSY C051A AO, CALIFOKNIA 91ll10-1 VS0 fELEPr1unk 7141ro41.5100 FALOIMILC )14•510.9015 rnTER1nFT hPPIISYa www r•1Un ram Mr. Habib Motlagh Public Works Director CITY OF SAN JACINTO 201 E/ur Main Street San Jacinto, CA. 92583 AF AwlN4110W I.ril 'A•u, • M .rra: u ..n_.D•. n n .In....C6 1Mn. .Ones in.a... n M.<Yww Orin. Tw,wn,l n114f1 M• Ci lM1 A 1.4IA0• .01.111O CAY11Vfn AernmlDr va. 1.w..a. Y unvn Tr.,an • •.uw•eC OAYIDC 14Nn' r.I.r0101 1uw. ArroAL. D .V 11A ••r MVO,' nI IM I n OOa.m.M 7.1AA./1.Cen- .N1K1 • •OW[K Yi A ••[ 1.AA.7 I. 77.0A., Y.1nroYa..A aw[aa T116•11. ar. 1.0111,7. w11•1400 MLA :r 1. ala laln A1r.1.1,T Iwr.A• •leu an.a. Iuu 0 n.1.YafLC .dna.. Inwl•at lrt,llnC10A WIWM,w 1'.1/111 I l an V 1•1,11 V :Assuan • n1l1•1.1n .t,, AAA.n 0.1,n nr•.0 fll M AAA/ Y IM4G1 Momowledam nIt .1w1N14,00. al*.• •A.nT 10* N•A1JC 7,v101r1 W b fnenI 1..1 A 1nb rit 111 u .e1W elL Iw II Y4 0 ,✓nrwn Arm l.'AA ALL A November 23, 1999 P•v1D. CLA.*Yv. r..ttn )An n l., 111n-RY.. Mpar l•. ALAInnll OW. u Iman ALLA. • v4a.af wr,l. w WIOr1VY ..do. .ul.On 111 Tr1rn✓" Cn11O•J CMn r 1 V w.CMV 1L.1AInAI V I. 1OAtu Irmo . DAVIV in ALARA" rnt. iu nun✓4 O4141.1 nl1.r-01u A.A.) v .,CAA-..•1u71.., pW1A C.Mr sir . A n 1•A1M n A0Drleno..111 n..1.1.11.r .y1�YM uA1 1Q.. N aam 1 M,1n u 1.1uCC %ALL. 11.»r11 wmT, xa610.. •11V.141 COO. 61O✓C.a,1 ufnnk.rIPN T•aln IW41140 i ✓ 0 l Ln `• C11.1aan Irf1 rr,OC.1.11..1. . rapt ItIl0,10/ rn11111 14r4S11 M4tn1nL ▪ a.00 AAA *CAA r 14+Y•4 .I4/1[n1 10.1 IPM. 111 wu1•F NM1n 1•W4.I11-46711. nn HnL a►1...n 4.ue.a orteres0Alu .uaO.M 171A1.111In Cn<K!•ATO., I VMw nlwYOn A •Tr,.. Wn v1mArAnAIL Re: Encroachment vermit — Lake Park Drive Bridge Project Dear Habib: nn.tel Cwu•.n,. K7l107r !AC OA.n AWraYA. IVW I wNM,C Lanai • a11.111 re Anwar, *ALAI A11wn • 1MAL <041111. A CO. r.n.nt eel DAM. 1 C,i1Ca1 AAA• Du. 11.0 Y uu • u aw.n ,.A.,Yo• n1rA1 ACLIC. O n mwa.Yu ,..Ywn r, • 1:14n01 •w•a•.0 n Pursuant to your reque: c, 1 have reviewed the proposed encroachment permit from the Riverside County Flood Cont.] District for the construction of the Lake Park Drive Bridge. The permit is very similar to ti e one proposed for the Mountain Avenue Bridge. I spoke with Ed Lotz, the District Permit Engineer, concerning the permits, and he indicated these permits are based on the District's standard form which they use for a variety of projects. Normally, for a large permanent project tike the Lake Park Drive Bridge, the District requires a more detailed agreement (probably a 1i easement) tailored to the individual project. To help expedite the City's construction of the Bridge, however, the District proposes using an encroachment permit. 1. My comments are as fi.tlows: General. As discussed below, there are a number of problems created by trying to fit a project of this nature into a document actually intended for smaller, more temporary encroachments 1 have not seen the form of agreement the District would ordinarily use for this type of projec.. but to avoid the potential for later disputes and confusion it would be worthwhile t4 • discuss using such an agreement. 2. Page 1 (Back of Page, - General Provisions. The General Provisions include three paragraphs that are intended to apply to a more temporary type of encroachment. Paragraph 8 would require the City to "immediately" relocate the bridge whenever construction or mainte,lance work is required on the District's right of way. This is 592i01827341010,3308273 m11,2 ,99 rct,v tlrV'gC; ur_AN1 R„JA1I\VIGINIIIIIU i11-Y3-89 i 6�11PM IIV, LJ YV.TJIJ,I Y IVLIILII LLI I +-• COMM, DEVELOPMENT;# 3 I IIL I�VI VY I IYI Mr. Habib Motlagb November 23, 1999 Page 2 obviously unacceptable. Paragraph 11 requires the City to restore the District's right of way at the excavation to its condition prior to the making of the excavation. Paragraph 15 allows the District to actually cancel the permit upon 31) days' written notice. These provisions would obviou ply create quite a hardship and expense for the City. According to Ed Lou, no other a 'ncy has raised these issues or requested that the language be deleted. 'They apparem ly sign the permit with the understanding that the unworkable provisions will not be enforced. 1 suggest we simply line through the applicable paragraphs. 3. Page 2 - Easements. Ti le permit requires the City to obtain "easement rights," in favor of the District, over a pinion of "Jose A. Estudillo's Subdivision of Tract VU," for the construction or relocation of levees and maintenance roads. EMWD is required to obtain easement rights over a . tifferent property, and the permit states EMWD has given the District these easement . ights by a letter to the City. The permit does not refer to any particular form for or d.uation of the easements, but according to Ed Lotz the District will require perpetual easements over these properties. is EMWD's easement a recordable document? leave you discussed the City's easement with the property owner? Is the Cuy purchasing the easement? We will need to discuss this further prior to finalizing the permit. 4. Page 3. The fourth par...graph on Page 3 requires the work to be completed within 100 working days after commencement. Please review this schedule to determine if the time is adequate. S. Page 4 - Seasonal Cons! Taints. The first item under the "Seasonal Constraints" requires that 100% of the chant t design capacity be maintained for river flows between October 15 and April 14. Will the construction of the bridge involve any temporary use of the channel? If so, we tna, need to insert an exception to this item. 6. Page 4 - lndemnifica<,on. Page 4 contain three separate paragraphs related to indemnification. The se.:ond paragraph appears to be covered by the language in the first paragraph, so the seco,.d paragraph should be deleted. The fourth line of the third paragraph should be re used to state, "... asserted upon any act or omission, excluding willful misconduct ar„ 1,:aliaencg of District or the County of Riverside..." The third paragraph should also b, revised to provide for the District's cross -indemnification of the City for the District's n lisconduct or negligence. 382V01 837>-00t0/3908273. m1143,99 RCV `8Y� CITYTOF—SANryJAOINTO V.111 `23-99 ; 6 012PM +-I COMM....DEV ELOPMENTi# 4 Mr. Habib Motlagh November 23, 1999 Page 3 If you would like to du.j:uss any of these issues or need any assistance in revising the permit or a different form of a;•rcement, please do not hesitate to call. Sincerely, • Eric L. Dunn Assistant City Attorney ELD: ed Slu' OIBa'1i-0PId3301273 ml1l23'9Y Development Services T Ii E CITY OF SAN MEMORANDUM ACINTO TO: Eric Dunn, Assistant City Attorney FROM: Habib Motlagh, City Engineer SUBJECT: LAKE PARK BRIDGE PROJECT — FLOOD CONTROL DISTRICT DATE: November 30, 1999 Thank you for your response dated November 23, 1999. We are proceeding with construction advertising and estimate the construction to begin mid January 2000. The following are my responses to your comments: 1. General - short of having County's attorney prepare a separate agreement for this project, which may take sometime. I do not know how to resolve this issue. 2. General Provisions — Relocation of the Bridge at Flood Control's request was discussed at a meeting with Flood Control staff some time ago. It was agreed that this is not an issue. I have crossed out this section of the agreement. 3. Easements — We have obtained all necessary easements for this work. 4. We have until December 31, 2000 to complete the work as stipulated on cover sheet of the encroachment permit. I will cross out the section under working days. 5. Seasonal Constraints - This is the language requested by Army Corp of Engineers. We cannot change it. 6. Indemnification — See response to comment # 1 above. Since time is of the essence, I am going to schedule this item for City Council approval on December 16, 1999. Please give me a call with your comments. X-copy: Jim Mocalis, Interim City Manager 201 E. Main Street • San Jacinto, CA 92583 Tel:909/487-7330 • Fax: 909/654-9896 • www.ci.san-jacinto.ca.us AGENDA ITEM 1. _I STAFF REPORT TO: Honorable Mayor and City Council Members FROM: Dale Stubblefield, Information Planner DATE: December 16, 1999 SUBJECT: Estudillo Restoration and Operation Strategic Plan RECOMMENDATION 1. Please review for comments and provide Staff direction EXHIBITS Exhibit A: Strategic Plan for the Restoration and Operation of the Estudillo Mansion DISCUSSION Pursuant to the agreement with the County of Riverside, a Strategic Plan for the Estudillo Mansion has to be developed before January 2000. The Estudillo Committee agreed to create a Strategic Plan and submit it to Council for their approval. Please find enclosed for your review a draft copy of the Strategic Plan and Restoration and Operation of the Estudillo Mansion. r s e: Committee to Restore the Es PO Box 1672 San Jacinto, CA Table of Contents Table of Contents 2 1. The Effort 3 2. History- 3 3. Goals' 3 4. Mansion Restoration: 4 5. Grounds Restoration' 4 6. Marketing* 4 7. Commitments: 5 8: Current Status* 5 9. Summary: 6 Attachment A: Site Location 7 Attachment B: Leadership Group 8 Attachment C: Community Activities -Projected and on -going 10 Attachment D: Long Term Future Projections 11 Attachment E: Estudillo Brochure 14 Attachment F: Marketing Plan 15 1. The Effort The Committee to Rescue and Restore the Estudillo Mansion is composed of civic -minded citizens who believe that the history of the San Jacinto Valley must be preserved for future generations. Operating under the guidance of the San Jacinto Valley Museum Association, any funds raised will be restricted to restoration and maintenance of the Mansion and its grounds. The site provides a link to our past and a focal point for future community activities. The Mansion and grounds will house the many artifacts now found in the San Jacinto Museum and provide the capability to display them in a meaningful context. The grounds are sufficient for cultural and entertainment uses and will be an excellent asset to tourism, as well as for local school children's use. This site, across from the rail line terminus, has excellent potential for visitors to the valley arriving by commuter rail. This plan is prepared in response to the City of San Jacinto, to "demonstrate community support" for the restoration and operation of the Estudillo Mansion. This preliminary plan is presented in two distinct degrees of urgency, dictated by the time critical nature of the need to ensure earthquake stabilization of the building and the less critical requirement to operate the Mansion, after stabilization and restoration of the building and grounds. 2. History: The 1885 Francisco Estudillo Mansion at Main and Seventh Streets, in San Jacinto, is without question the most significant historic building in the San Jacinto Valley and certainly one of the most significant in all of Riverside County. The history of the Mansion links our valley's present to the Mission era of Spanish rule in California, through the Califomio era, up through the settlement of the San Jacinto Valley by American and European settlers. 3. Goals: The goals of this plan are threefold. First: the Estudillo Mansion will be seismically stabilized to prevent further damage from future earthquakes or normal wear and tear from the elements and/or vandalism. Second: the Mansion must be restored for future use and occupancy. Third: the grounds must be restored in order to market it for the various uses contemplated. The stabilization effort has been given first priority, based upon the urgent nature of the risk of another earthquake destroying this historic treasure. Funds for this effort have been derived from community contributions and City, County, State and Federal funds. Subsequent to the stabilization efforts should be directed towards Mansion restoration. 4. Mansion Restoration: Specifics cost factors are not available for the interior restoration. The figure of $150,000 has been suggested, however: this aspect of the plan will need investigation to determine the scope of the work to comply with Americans with Disabilities Act requirements, for example. The requirements for using the mansion grounds as a site for the the San Jacinto Museum must also be developed. The possibility of obtaining grants from Federal and State sources must be investigated. The use of these funds to restore the mansion is a very real possibility. 5. Grounds Restoration: Work is currently in progress to restore the grounds to a historically correct condition. Much of this work is and will continue to be self-help. We are soliciting help and advice from knowledgeable individuals and groups as well as funds from local donors to assist in this project. Work is continuing. 6. Marketing: A fund raising brochure has been created and distributed. A second thousand - updated brochure copies have been completed. The relocation of the San Jacinto Museum to the Estudillo Mansion grounds will result in the availability of funds now used to support the City museum in its present location. The City regularly grants $6,000 to the museum for operations. The City museum association also has bequeathed funds currently invested Certificates of Deposit which are anticipated to provide an additional $6,000 to operating funds available. 7. Commitments: A. Riverside County Board of Supervisors The Board of Supervisors have made a commitment to support the stabilization and restoration of the Mansion and recognize the necessity of preserving this historically significant structure. The Mansion is a priceless asset to this area and the entire State. Financial support for immediate earthquake retrofitting and stabilization of the Mansion will enable the Committee to continue and expand efforts free from concern for its destruction due to further earthquake damage. Supervisor Jim Venable has been of inestimable assistance, acting as the spokesman for the project. B. Community Resource Commitments The communities and joint Chamber of Commerce of Hemet and San Jacinto, surrounding the Estudillo Mansion and grounds must be committed to providing financial, in -kind and moral support to the development of this site as a financially viable, long-term effort. The value of this site as a potential cultural, entertainment center must be evident to all. The ultimate value to the community developed as a tree shaded, natural, park -like setting for many valley events and as a tourist attraction must be evident to all. C. Committee to Restore the Estudillo Mansion A committee was created in June, 1996, for the express purpose of rescuing and restoring the Estudillo Mansion, in the city of San Jacinto. The Mansion, currently owned by the City of San Jacinto, suffered damage from the Landers earthquake, the sever nature of which necessitated closing the building for occupancy. The Committee has shown that they are willing and able to provide the leadership and vision needed to carry this effort to a successful conclusion. D. Area Museum Participation The Museum Associations of Hemet and San Jacinto have committed to partial financial support for the Mansion, during restoration and to the time when the property becomes financially self-sufficient. 8: Current Status: A. The Native Daughters of the Golden West marked the Site with a plaque indicating its historic nature. The date for the ceremony was February, 1997, at which time an open house and ceremony took place. B. This report is being submitted to the City of San Jacinto on December 6, 1999. The report contains strategy and initial steps for marketing the Mansion and grounds. Copies have been sent to the City Council and to County supervisor, Jim Venable. C. The committee is formulating a plan with Mr. Vince Moses, Curator of the Riverside Museum, for the exhibition of a portion of the collection from the Estudillo House in Riverside on the Mansion site. Exhibition date will be established by mutual consent and planned in a manner to enhance public awareness and financial support. D. Invitations have been extended to the Estudillo family members to tour the grounds and lunch with the Committee. The response was overwhelmingly positive. These outreach plans will serve to form a tangible partnership with the many elements of the rich heritage left by the Estudillo family to the people of Southern California. 9. Summary: A. The areas of emphasis for the ultimate success of the effort to restore the Estudillo Mansion are: 1. Immediate retrofitting for the needed earthquake stabilization. 2. Strategic planning for the business and marketing of the site in order to ensure self-sufficiency at the earliest possible date. 3. Continuing grounds repair and renovation in order to promote expanded use and defray the cost of such work performed by the City personnel. 4. Identification of a tenant or organization to occupy the Mansion grounds, ideally the San Jacinto City Museum. 5. Expansion of Mansion marketing through annual fund raising increased private donations, partnership plans and revenue generating enterprises. Attachment A: Site Location COTTONWOOD AV r. r 9+ 1.0 it i-I ri I n,u t \ L %JII . 1: -+ ,a ,g,.. ' ) ', V ^`fie �.` L•. i! Y • • Oy'"i 1 ii m4p;, .1It: n< . ,r � y J .i �I'v `i�1:l It1.4 + iR 1 � A r1 i , .s, 7r ' - S I 5 N. .• 'J.;— � tt....•.••. .1 •+ter Iri it Ic . rr jr•. VCRAW GE IFV PRa*a-T AGQF ' a 16o 5. GILLG},I AI/E., 5N.4 JAG NW, CA !C:I! iI!iiiii is EARTHQUAKE STAOILIZATION . REPAIR PROJECT FOR W.O_ FILE NO Attachment B: Leadership Group Executive: Del Kroker, Chairman Dick Kroker & Madenia Freitas Secretarial, Newsletter, and Brochures: Jeannette Hofmann, chairman Susan Chestnut, Pat Laughlin, & Bob Otta Treasurer, Finance: Sharon Terracciano, chairman Kent Divine, Anne Jennings, & Mary Hill Fund -Raising & Restoration: Rob Lindquist, chairman Arlene Terrell, Carla Tryon & Joanna Stuart Grounds & Publicity: Jack Wameke, chairman Nancy Wameke, Ron Cumstay, Ray Sanchez, & Jim Fredericks History & Contacts: Betty Jo Dunham, chairman Susan Chestnut, Phil Brigandi, & Bill Jennings Promotions & Building Guides: Tom Laughlin, chairman Pat Laughlin, Bob Salgado, Pat Ayres, & Bob Duistermeirs Committee Phil Brigandi-curatori Author Ramona Pageant Tom Laughlin Pat Laughlin Kent Divine- Divine's Insurance Teri Ford Madenia Freitas - VP, SJVMA Jeanette Hofmann Fryer -Journalist Bill Jennings -author, historian Mary Hill Del Kroker-Director, ER Committee Pat Ayres Jim Fredricks -publisher Robert Salgado- Soboba Reservation Sharon Terracciano-SJVMA Carla Tryon -Native Daughters of the GW Jack Warneke-SJVMA Jim Conner -City Council Bob Duistermars-CEO, Central County U.W. Betty Jo Dunham- Museum Staff Sam Goepp- CEO Valley Wide Anne Jennings- museum manager, Hemet Dick Kroker- Pres. SJVMA Rob Linguist- Valley Historical Commission Peggy Salvail Joy Schlendorf Clayton Record Helen Rheinans JoAnne Stuart Arlene Terrell Ray Sanchez- City of San Jacinto Nancy Wameke- SJVMA Carmen Lopez Angel Lopez Jim Riddle Evelyn Riddle Dale Stubblefield- City of San Jacinto Susan Chestnut- museum staff Ron Cumstay- Mansion Custodian Joan Good- City Council Pat Hewitt Nick Jones Robert Otta- retired military Mary Ellen Parmalee- Native Daughters of GW Betty Parker- Native Daughters of GW Merriam Hamilton -Journalist Jennlyn Laughlin-Hyson Mike Hyson Attachment C: Community Activities -Projected and ongoing School Field Trips Woodshop Classes to build benches and display cases Girl/Boy Scout tours Car Club Meets Demonstrations of antique farm equipment Farm animal display - constructed by students, conducted by Senior Citizens Bare Root Rose Sale Little Theater productions Video of Mansion sent to Bob Villa - TV (Response favorable following retrofitting) Projected Grounds Work Painting Crews Addition to Cactus garden Leveling Plants, trees, fertilized: new plants introduced (per Rob Lindquist) Plats, trees pruned or trimmed Mirror Pool restored, painted Fountain repaired, painted, operable Grapes added to arbor Winter pruning by California Department of Forestry - Jan/Feb Artifacts from interested citizens Attachment D: Long Term Future Projections We see the development of the entire six acre plot as a tourist site, family park, and special event site for the entire San Jacinto Valley and beyond. The San Jacinto Valley Museum would furnish the restored Carriage House with old farm equipment, carriages and wagons, saddles and tack, and contain displays of the brick making of the bricks used in the construction of the Mansion, livestock brands, fence construction and various displays of the ways the Spanish, Mexican and European peoples worked together. Artist drawings of how the sheep, horse and cattle ranches might have appeared in their various locations on the vast Estudillo holdings. The Mansion se display cases of article appropriate to the era and the Valley, as well as Victoria 1950 1890 fiuniture. One room or a portion thereof will be used as a history/archive room or historical research. One room may be used as a visitors center and gift shop until a permanent site can be established. In addition to the four ground floor rooms, there is a spacious, modern powder room easily converted for unisex handicapped use, and a very large, completely modern kitchen which will lend itself to catering events, from simple teas to complete dinners and receptions. Picnic tables on the lawns and folding tables and chairs for the inside use will be provided. Trained docents will conduct tours through the buildings and grounds and Hostesses will preside at special events and food service events. Additional benches along paths and in shaded areas will be placed outside and on the porches. On the second floor of the Mansion are four generously sized and lighted rooms and two complete baths, that while not meeting ADA requirements now, can be rented for private use for the present time. They have great potential as business and professional offices, art studios, consulting offices, etc. The grounds surrounding the Mansion can be utilized for a children's play area, a permanent display area (for booths, demonstrations, etc.) and will be able to offer ample parking for most events. NOTE:The impact of the Domenigoni Dam and the projected terminal station of a planned new railway at Seventh and Main Streets in San Jacinto, will have a dynamic effect on the San Jacinto Valley, the cities of Hemet and San Jacinto, and the Estudillo site. Among the many possible events are: Private Parties Family reunions Receptions Wedding and Receptions Civic group meetings Philanthropic group meetings School events (public, private) Service group meetings Seasonal Events Indian Culture recognition Mexican Culture recognition Multi -cultural group recognition Antique car show Antique equipment show Antique furnishings show Antique clothing show Western Jubilee Gymkhana Equestrian groups Civil War Re-enactment's Historical -Early California Period Hammerfests Musical Programs: String, Brass Quartets Small ensembles, Big Band, Jazz Band concerts Organ Concerts Choral groups, small ensemble groups Barbershop groups, show tune concerts Private music recitals, (dance, vocal, instrumental) Folk and Bluegrass events Theatrical Programs: Plays, skits, excerpts, "one man productions, etc. Art shows and Craft shows Craft demonstrations, adobe bricks making, rope making, cast iron cooking, chili cook -of quilting, spinning, weaving, soap making, and chuck wagon cooking. The Estudillo Restoration Committee, a component of the San Jacinto Valley Museum, submits the above report. Those members and other citizens of the San Jacinto Valley (cities of Hemet and San Jacinto) have made this impressive progress possible. Supervisor Tim Venable is making a sincere attempt to match our efforts, for which we are very grateful. The administrators and staff of the City of San Jacinto have been particularly helpful to our efforts. Attachment E: Estudilto Brochure Attachment F: Marketing Plan Marketing Plan Estudillo Mansion 1999-2000 Prepared by: The Committee to Restore the Estudillo Mansion Marketing Plan for the Estudillo Mansion The following are proposed marketing ideas to initiate services available at the Mansion on completion of the project. Some activities and events are possible during the interim period in order to maximize public awareness and to increase needed funding. At this time, first efforts are limited to the annual fund, outdoor events, and fundraisers to benefit the Mansion held at a different location. Following the review and approval of all or part of this plan, an expanded marketing plan will be prepared, which will include detailed plans for weddings, conferences, gift shop, visitors center, etc. What we are marketing_ The Estudillo Mansion is an historic structure, located on a six -acre plot in the City of San Jacinto, California. The site is level, with the building located approximately in the center of the property. The building, built in 1885, is attractive and represents a link to the Mission Era of California, as part of a 35,000-acre land grant. The City of San Jacinto owns the property. Utilities are on the site, including water, gas and electricity. There is one large outbuilding, a carriage house, located behind the mansion along Seventh Street. Proposed uses and income sources The Mansion grounds have been proposed to become the permanent site of the San Jacinto Valley Museum, currently located in a city owned building on Main Street. The City currently provides a $6,000.00 annual grant to operate the Museum. The City Museum has approximately $100,000 invested in certificates of deposit in local institutions, earning approximately 5%. These funds could be reinvested at a higher rate of return, the interest of which could be used to help offset current expenses. A fund raising brochure has been prepared and distributed. To date the Restoration Committee has raised $106,000.00. We plan to continue this fundraising method and to initiate an annual fund program as well. All funds raised are for the restoration and operation of the Mansion and it's grounds. The Mansion and grounds will be developed to provide a desirable site for weddings, family reunions, company picnics, music events, etc. Local celebrations such as Ramona Days, Potato Festival, Cinco de Mayo, etc., can be held on the grounds, with booth spaces rented to entrepreneurs. A gift shop has been proposed which would stock a variety of items centered upon the theme of early Califomios, Indian cultures, the Ramona Outdoor Play, etc. Displays of local artists and craftsmen would be available for sale. Spanish, Mexican and Indian crafts can be demonstrated and taught. A proposal has been advanced to relocate the Hemet San Jacinto Valley Chamber of Commerce satellite offices to the grounds of the Mansion, in conjunction with a visitor's and tourist information bureau. These are only a few of the many ideas proposed by the Committee and interested citizens. The committee will then select those most viable and pursue implementing them. Annual fund The Committee recognizes the need for on -going fund raising and suggests an annual fund be created that targets local patrons as well as corporate sponsors. The annual fund is the building block for all fund raising. It serves to establish a base of donors that can serve as an effective device to inform, involve and bond a constituency to the organization. Fund raising or what is currently known as resource development, has the functional responsibility to secure money, gifts in -kind, or non -cash gifts, volunteer services and a range of additional services from the community. The very process of solicitation can induce the contributor to become more knowledgeable about the organization, more understanding, and therefore more supportive. From this process grows "ownership". The focus of fund raising should be on individuals as primary contributors. Historically, the bulk of the money given away annually in the United States has come from individuals not corporations, foundations, associations or the government. Therefore, it stands to reason that residents of the San Jacinto Valley will be the first target in fund raising. Music/Drama Events These events generally generate public interest, therefore marketing efforts should begin. A calendar of events should be reviewed to make sure demand will be met, and plans made to assure that new events will entice more audience. Obtaining the services of a volunteer event coordinator from the local area could enhance attendance and result in a wider variety of events. Such a volunteer would develop an advertising plan, which would involve newspapers, radio, TV announcements, bulletin board announcements, etc. The Mansion grounds will host concerts at the site, including jazz, blues, classical and chamber music. These events will be profitable and increase public awareness of our efforts. Theatrical events can be produced on site or at another location as a benefit performance. Ticket prices will be structured to include discounts for seniors and students. These events should be scheduled year round if possible, with small intimate events held in the building during the fall and winter months, and larger events held out doors during the summer months. Gift Shop (upon completion of restoration) The potential of the gift shop is evident. Consideration should be given to the size and capacity of a gift shop and provide a variety of related items available for purchase. Before undertaking this aspect of the Museum space, a gift shop should be evaluated as to space needs, customer services, layouts, pricing, inventory controls and product mix. In addition, the customer profile needs to be considered. Will they be parents, senior citizens, tourists, or children? How much will they spend? What will they ask for? In addition, employees must have product knowledge. Customers will be encouraged to buy and feel they are buying wisely if given an explanation of certain pieces. As a source of revenue, a gift shop would be viewed as a separate entity and treated as a regular retail store. Weddings (On the grounds only for the present. Expansion into the Mansion when possible) Of all the services provided, renting the grounds for weddings, graduation parties, anniversary parties, reunions, conferences and other events will be the easiest and immediate way to produce revenue. This service has never been marketed and could be a great source of income and future contributors. Although the grounds still need to be improved (much work has been completed and continues) a strong potential for success in this industry exists. Discussions with several wedding facilities have resulted in the following marketing suggestions: 1. Place an ad in the yellow pages and other bridal directories. Yellow page ads start at $250.00. Small ads could be placed in local bridal directories at a cost of $50.00 and up. 2. Network with wedding consultants, caterers, photographers, florists and local pastors. Begin marketing practices in general Several bridal shows are held each year, and it would be mutually profitable to partner with one of these service providers to share costs in reaching hundreds of brides. 3. Marketing partnerships can be explored. For example, local photographers could be asked to submit photos of Estudillo Mansion Wedding settings. The photographer's name and photographs would be included in the Mansion Wedding Guide. Photographers are often eager to display their work and would perhaps provide a model on site to prepare a portfolio at little or no cost. 4. Some guidelines need to be considered to ensure maximum customer service and Mansion profit: A. Rental Fee - Weddings for a 50 guest wedding to a 150 guest wedding and catered reception could be established. Example: $1000.00 to $5000.00 B. Event Scheduling - An average is five hours per wedding. This allows for two events a day, 9:00 a.m. to 2:00 p.m. and 5:00 p.m. to 10:00 p.m. Contracts need to be strict enough to control a situation and flexible enough to meet customer needs. Marketing & Promotion Ideas Following is an overview of the Marketing and Promotion Committee's suggestions. Target Group Seniors Programs • Art Festival • Art Classes • Crafts Fairs • Plays/DinnerPlays • Concerts • Croquet/ Lawn Bowling • Gardening Program • Musicals/Recita1s Target Group Children Program • Distribute info about current programs • Student Exhibits • Storytelling by local authors • Student Musical Recitals • Family Picnics • Art Classes (ask retired teaches for volunteers) • Music Classes • Boy/Girl Scout Tours and Campouts. Communication Outreach Speakers Bureau -Visit Senior Centers Radio advertising Senior Interview Inserts in Newspapers Advertisements Bright Posters in Grocery Stores PBS Channel 28-Segment on California's Gold Cable Access Channels Mobile home owners magazines KMET, KWRP California Retired Teachers Assoc. AARP- Amer. Assoc. of Retired Persons Communication Outreach Disseminate Information to schools Hold a fair with booths Meet with faculty and school administrators Charge nominal admission Target Group Families Programs • Student Art Exhibits • Involve schools in poetry reading And musical programs • Museum Tours • Living History Tours • Seasonal Events- Easter, Halloween, Christmas etc. Target Group High School, Programs • Student credit for attending museum • Programs & Activities • Student Art exhibit • Student Musical Recitals • Woodshop construction projects for Mansion • FFA animal care at Mansion Target Group Tourists Programs • Garden Tours (develop rose garden) • Cultural Festival • Antique Auction • Hammerfests • Living History Tour Communication Outreach School art Programs Local newspaper, radio University/College Students Communication Outreach Universities/Colleges Art and Music Programs Coordinate with local school, 4H, etc. High School Art and Music Programs Communication Outreach Rose Societies Local newspapers Contact service clubs throughout county Advertise in trade magazine for auction Contact antique dealers Contact blacksmithing groups Target Group Businesses & Corporations Program Communication Outreach • Company Picnics & Retreats Chambers of Commerce for list of Businesses • Executive Dinners Water districts, school districts • Recognition Event for Businesses' Business Magazines/Newspapers Contributions to the Arts • Chamber of Commerce events Target Group Party Groups Program Communication Outreach • Weddings Newspapers (Bridal Section) • Anniversaries Ministers • Senior Functions Tuxedo/Bridal Retail Stores • Company Picnics & Retreats Bridal Trade Shows • Graduations Caterers • School Reunions Photographers • Military Reunions Telephone Book (Yellow Pages) • Cooking Classes Bar-b-ques/cast iron Convention Bureaus • Demonstrations by visiting chefs Florists • Service Club Events Bakeries • Ramona Pageant Schools • Potato Festival Cable Access Advertise in Senior Communities' bulletin boards Open house Vendor Fair at the Museum for caterers, florists, photographers, etc. Give vendors a bonus for referring a rental party to the Museum if they rent the facilities. Target Group Community Organizations Programs Communication Outreach • Available space for meetings and special events Chambers of Commerce • Partnerships with Museum Speakers Bureau to Service Clubs Request donations for specific projects. Target Group Cultural Groups Programs Communication Outreach • Quincineras Newspaper, La Prensa • Multi -cultural Festival Personal Contact • Cinco de Mayo Celebration Churches, Cultural Groups • Indian Pow -wow Tribal Leaders Target Group Miscellaneous Programs Communication Outreach • Antique Fair Publicize within community events (i.e. • Craft Fair Stagecoach days, Cherry festival, Date • Art Auction Events Festival, Ramona Pageant, Fanners Fair, • Contact Arborist Schools to offer students an Hemet Daze ) Opportunity to gain experience by working on Travel & excursion agencies Grounds Newspaper event calendars • Promote Museum and grounds to the film Industry • Offer food with a theme to coincide with Special exhibits • Train excursions in conjunction with Eastside Dam project, expanded rail line, etc. AGENDA ITEM 7.6 December 16, 1999 TO: Honorable City Council FROM: City Manager SUBJECT: Approve Purctfase of New Voting Display Board RECOMMENDATION: By motion, approve the purchase and installation of a new voting display board, to be installed in the Boardroom of the San Jacinto Unified School District. BACKGROUND: It is anticipated that future City Council and Planning Commission meetings will be held in the Boardroom of the San Jacinto Unified School District. The Superintendent has agreed to allow the City to place a voting display board in the Boardroom, at City expense. Staff has not yet been able to locate a source for the display board, and so cannot give an exact purchase cost. However, it should not be a significant cost. JUSTIFICATION: The City Council has expressed a desire to continue its practice of displaying individual council member's votes to the public BUDGETARY IMPACT: Adequate funds are budgeted for this purpose. ATTACHMENTS: None. sj1agenda1991216vote December 16, 1999 TO: Honorable City Council l FROM: City Manager AGENDA ITEM 7.7 SUBJECT: Approve Retention of Firm to Conduct Recruitment and Selection Process for Positions of City Manager, City Clerk, Chief of Police, and Finance Director RECOMMENDATION: By motion, approve the retention of the firm of Rainguet-Morrison Associates, L.L.P., to conduct the recruitment and selection process for the positions of City Manager, City Clerk, Chief of Police, and Director of Finance for a total cost of $28,000.00 plus advertising, trave and out of pocket expenses. BACKGROUND: Staff had previously received quotes from executive search firms for the subject recruitments that ranged in price from $50,000.00 to $64,000.00, plus advertising, travel, and out of pocket expenses. Because of the cost, staff recommended at the City Council meeting of December 2, 1999 that the City Manager's office conduct the recruitment. However, a subsequent quote from Rainguet-Morrison Associates, L.L.P., substantially reduced the cost. JUSTIFICATION: The present staff workload is extraordinarily heavy, and the retention of a private firm for the recruitment effort will help staff meet its other obligations. BUDGETARY IMPACT: No funds were budgeted for this purpose. However, adequate reserves are available to cover the costs. ATTACHMENTS: 1 — Proposal from Rainguet—Morrison Associates, L.L.P. sj\agenda1991216search DEC-01-1999 WED 38:37 PM FAX NO. F. 02 1?xecudve Search Asscismcnt C.'cntcrs Organitatioll Coniulling Meeting Feel kin Fred kninguct. Chief of rt,I ice act.) Assistant Dean University of Colorado (303)747-2930 �MA Rainguet - Morrison Associates, L.L.P. Greg Morrison, mri?eeentber 1, 1999 Chief of Police Vail. Colorado (970) 926-0084 Honorable Patrick Williams, Mayor City ol'San Jacinto, California 201 L. Main St. San Jacinto, CA 92583 Dear Mayor Williams, It is my pleasure to submit to you a proposal to facilitate the professional recruitment and selection processes for the positions of City Manger, Finance Director, Police Chief and City Clerk for the City of San Jacinto. We believe that the services provided by Rainguet- Morrison Associates, LT,P (RMA) will result in the recruitment and selection of the most highly qualified candidates who will be best suited io address the issues facing your organization and community, at a very reasonable cost. We uniquely tailor each of our recruitment processes to meet the needs of your organization and provide you with managers whose' personalities, experience and management styles will complement your executive team. As we discussed by phoue, our proposal includes an initial visit to your community to meet with council persons, community members and staff to identify organizational and community issues from which to draw profiles of ideal candidates. RMA will then advertise, screen resumes and present to you a list of candidates recommended for invitation for on -site selection processes, facilitated by RMA. We recognize the nccd to select a City Manager first, then proceed with the new manager in the final selection of the finance director, police chief and city clerk. A time line of selecting a new manager by April/May and ending with the selection of a new police chief by June, 2000 is very workable for us. We are excited by the prospect of working with the city of San Jacinto to find exceptional individuals to join your management team. Sincerel , Greg Morrison Partner, Rainguet-Morrison Associates, LLP P.O. noz S94 Estes Pnrk, Colorado 805.7 (3(13) 747-2930 FAX (303) 747-0473 DEC-01-1999 WED 08:30 ?M FAX NO, F. 04 Executive Search Assessment Centers Organization Conxultin; Meeting FaCililaLiotl 7rrJ Ruinguct. Ph.D. C7ilef or Police (Itct.) AsalrI iiii Davin University of Colorado (303) 747-2930 Greg Morri o . MCJ Chief of Police Vail, Colorado (970) 926-OE)K4 RMA Rainguet - Morrison Associates, L.L.P. Sample Client List City of Aspen, CO City of Avon, CO City of Breckenridge, CO City of Boulder, CO Colorado Department of Public Safety City of Colorado Springs, CO City of Commerce City, CO City of Delta, CO City of Estes Park, CO City of Englewood, CO City of Greenwood Village, CO City of Gunnison, CO City of La tiara, CO City of Littleton, CO Mesa County, CO City of Menlo Park, CA Pitkin County, CO City of Silverthorne, CO P.U.Box K94 E?StesL' k.Cclorado 5051/ (303)747-293C FAX (303) 7-17-0473 DEC-01-1999 WED 08:30 PM FAX NO, P. 03 Executive Search Aysesslnenr Centwrs Organizelion Consulting Meeting facilitation Fred Ruinguei, PIi.D. Chic l'ofPoll cc(RcL) Assistant Dean University nt Colorado (303)747-2930 Cn:g Morrison, MCJ Chief of Police Vail, Culur:uki (970) 926-0084 MA Rainguet - Morrison Associates, L.L.P. Rainguet-Morrison Associates, LLP Biographies CHIEF FRED RAINGUE Dr. Fred Rainguet is the recently retired Chief of Police for the City of Fort Collins, a community of 100,000 people and the home of Colorado State University. Fort Collins is known as one of America's best managed cities and is ranked as a top city in terms of services and quality of lift. Chief Rainguet is a nationally regarded speakcr and regularly conducts seminars on leadership, management, and ethics, He holds a B.A. degree in Philosophy from St. Thomas Seminary College, a Master of Public Administration (MPA) dcgrcc from C.U.-Boulder, and a Ph.D. in Public Administration with an emphasis in human resources management from the University of Colorado at Denver. He holds a teacher's certificate as a result of studies at the University of Denver. Ile is an Assistant Dean for thc Graduate School of Public Affairs at the University of Colorado and an affiliate faculty member at Regis University. He is also the president and founder of thc Peak Institute, a training and consulting firm, as well as a principal in Rainguet-Morrison Associates,LLP. CHIEF GREG MORRISON Greg Morrison is the Chief of Police in Vail, Colorado, one of the world's premier resort communities. Chief Morrison has over twenty years of policing experience, and is the former Chief of Police for the City of Silverthornc, Colorado. Chief Morrison spent a significant part of his career as a police agent, supervisor, and staff member with the Lakewood, Colorado Police Department. Chief Morrison has enrned a Master of Criminal Justice Administration (MCI) degree from the University of Colorado at Denver, and holds a Bachelor's Degree in Political Science from the University of Colorado at Boulder. He is graduate of the FBI National Academy and is a Ph.D. student in public administration at the University of Colorado. 11e is a principal in Rainguet-Morrison Associates, LLP, an organizational consulting, executive search, assessment center and training firm. P.O. Ens R94 Estes Paik.Colorido 80517 (303)747-2930 PAX (3C 3)747-0473 DEC-01-1999 WED 08:29 PM Executive Scarcli Assessment Centers Organization Consulting M ling Facilitation Feed Rainguet, PILO. Chicrof Police (Ril ) Amstsiant i)Can (.University of Cularndo (303) 747-2930 Orua Monition, MCI Chief of Police Vail, Colorado (770)D26►0010 FAX NO, RMA Rainguet - Morrison Associates, L.L.F. COST ESTIMATE SHEET San Jacinto, CA 1. Recruitment, assessment and selection of City Manager ..$9,000 2. Recruitment, assessment and selection of Finance Director $5,000 3. Recruitment, assessment and selection of Police Chief $9,000 4. Recruitment, assessment and selection of City Clerk S5,000 Total: $2R,000 Cost estimate does not include advertising, travel or out of pocket expenses P.O, No, 394 EA::: Park, Colorado 80517 (303)747-2930 FAX (303)747-4473 F, 02 BROADCAST REPORT TIME : 12/13/1999 17:01 NAME : CITY OF SAN JACINTO FAX : 9096543728 TEL : 9096547337 PAGE(S) 03 DATE TIME FAX NO./NAME DURATION PAGECS) RESULT COMMENT 12/13 16:46 917145469035 .41p '/''' /I- 55 03 OK ECM 12/13 16:48 96544180 COS 01:27 03 OK ECM 12/13 17:00 96543978 p-..12A-1JN 01:08 03 OK ECM BUSY: BUSY/NO RESPONSE NG : POOR LINE CONDITION CV : COVERPAGE AGENDA ITEM 7.8 December 16, 1999 TO: Honorable City Council FROM: City Managed SUBJECT: Commence a Process Leading to the Adoption of City's Goals and Objectives RECOMMENDATION: By motion, direct staff to commence a process leading to the adoption of the City's Goals and Objectives. BACKGROUND: The City does not at the present time have officially adopted Goals and Objectives. The City appointed an Advisory Committee in 1989 to explore and make recommendations about the direction San Jacinto should take heading into the year 2010. Approximately 100 citizens were involved in the effort, culminating in a report titled, "The City of San Jacinto 2010", which contained policy recommendations to the City Council from the Advisory Committee. The City Council officially endorsed the 2010 Plan by Resolution No. 2167 on November 2, 1993. The report is general in nature, makes policy recommendations that for the most part are contemporary with today's issues, and would be an excellent basis upon which to commence the process of adopting official Goals and Objectives for the City. JUSTIFICATION: The City should have officially adopted Goals and Objectives to assist the City Council, Planning Commission, staff, and citizens in accomplishing the vision presented in the 2010 Plan. BUDGETARY IMPACT: Adequate funds are budgeted for this purpose. ATTACHMENTS: 1 — Resolution No. 2167 with 2010 Plan dated February 11, 1992 sj\agenda1991216goals • • RESOLUTION NO. 2167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ENDORSING THE REVISED 2010 PLAN WHEREAS, the City of San Jacinto desires to plan for the future of this City; and WHEREAS, the City encourages the continued participation of the 2010 Committee in the strategic planning of our community. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO that it hereby endorses the 2010 Plan as revised by the 2010 Committee. MOVED, PASSED and ADOPTED this 2nd day of November, 1993. ATTEST: 4rk unAQ CERTIFICATE The foregoing is certified to be a true copy of Resolution No. duly adopted by the said City Council of the said City of San Jacinto on the date therein set forth. City Clerk vYrE: AYES: Councilmembers Leahy, Solorio, Wi1]iaai , Mayor Hafliger NUESS: None ABSENT: Couuncilrt,m r Fbrd 2010 COMMITTEE RESOLUTION NO. 93-1 A RESOLUTION OF THE 2010 COMMITTEE OF THE CITY OF SAN JACINTO RECOMMENDING CERTAIN POLICY CHANGES AND ADDITIONS TO THE 1992 2010 PLAN; RECOGNIZING THE 1992/93 ACCOMPLISHMENTS OF THE CITY OF SAN JACINTO IN MEETING 2010 RECOMMENDATIONS; AND, PROPOSING AND RECOMMENDING A JOINT CITY COUNCIL/CHAMBER WORKSHOP ON ECONOMIC DEVELOPMENT/FINANCING IN THE CITY OF SAN JACINTO. To improve the economic well- being and quality of life of all who live, work, visit or invest in San Jacinto now and in the future. October 21, 1993 - Page 1 2010 COMMITTEE RESOLUTION NO. 93-1 WHEREAS, the 2010 Committee supports ENVIRONMENT/NATURAL RESOURCES: We should provide physical and natural environments that are as clean, healthy and attractive as the general welfare of the community desires. All of us in San Jacinto are trustees of a special place of great natural beauty and environmental diversity. These qualities are fragile. The specialness of this place must be protected for ourselves and for future generations. We must maintain a safe, high quality environment for San Jacinto's residents by protecting valuable community resources, mitigating environmental hazards and eliminating pollution to the greatest degree possible. We must do everything possible to assure that San Jacinto's environment is not unnecessarily polluted from any source. We must assure that the environmental impact of proposed public and private actions does not have a negative effect on the community. WHEREAS, the 2010 Committee supports ECONOMIC DEVELOPMENT: The goal is a balanced and dynamic economic growth for San Jacinto with continual development of commercial, financial, professional, educational and industrial services to assure the expansion of local opportunities and to promote a rising standard of living for all residents in a quality environment. We should provide a place within San Jacinto where our citizens and others can live, recreate, work and invest. We should encourage a jobs balance to assure levels of pay that enable members of households to provide the essentials of life at higher than marginal levels and to access educational, recreational and cultural opportunities that enrich their lives. We must understand that every action or inaction by local government, whether intended or not, has an effect on the local economy. Likewise, the private sector actions of expansion, business conduct, and investment affects the community. October 21, 1993 - Page 2 2010 COMMITTEE RESOLUTION NO. 93-1 i We should place a major priority on improving the physical and social image of San Jacinto as it relates to the future economic growth of the City. A strong, balanced and diversified San Jacinto economy produces the full employment and incomes fundamental to our economic well-being as a City as it produces the tax revenue that supports a variety of beneficial public services. A vibrant economy is thus essential to San Jacinto's quality of life. WHEREAS, the 2010 Committee supports GROWTH: We should match the rates of growth with the capacity of the infrastructure and services needed to support that growth. We should have effective land use patterns which will preserve open space, agriculture, habitat, and natural areas which are an important part of our heritage. Balanced growth should be encouraged in San Jacinto. WHEREAS, the 2010 Committee supports PUBLIC FACILITIES: We should provide public facilities that effectively contribute to the mobility, security, health, recreation, education, housing and sustenance of citizens at levels that are responsive to their changing needs. We should proactively maintain and expand existing facilities as needed to meet demands of expected growth. We should develop a master plan of the types of facilities that San Jacinto will need to serve our residents, including: parks and recreational facilities; schools; community center; city hall; museum; civic center; senior and youth facilities; and, the necessary public safety facilities. We should create a financing plan for the construction and maintenance of public facilities. I is October 21, 1993 - Page 3 2010 COMMITTEE RESOLUTION NO. 93-1 i WHEREAS, the 2010 Committee supports REGIONAL ISSUES: We recognize the need for and the existence of a three-tier 'regional' system that may impact San Jacinto: Local; Western Riverside Region; and, Southern California. In the Valley there is a need for coordinated effort of government. In many ways, the County, City of Hemet and City of San Jacinto are a single interdependent region. We are not only bound together by the Valley but also by our daily crossing of political boundaries for purposes of work, housing, commerce, recreation, and education. San Jacinto should seek a better balance than now exists between the interests and needs of the region as well as the interests and needs of individual communities. The benefit would be a united front from the Valley at the County and State levels. While preserving our local government decision capacities, we must give ourselves a new regional capacity to debate, decide, and implement regional policies affecting the economy, the environment, transportation, and land use. WHEREAS, the 2010 Committee supports SOCIAL CONCERNS: We should create the highest quality of life for all residents in San Jacinto by striving for the highest quality of social environment and services delivery. We encourage these services be made available and accessible to everyone and removing any obstacles to the realization of each individual's full potential. We should provide social services directly only when it is not possible for others to provide such services, when funding becomes available to do so, or where it can be demonstrated that the City can deliver such services in a more effective and efficient manner. We should develop a comprehensive information pool accessible to all residents to insure that sufficient and accurate information regarding the social health and well- being of the community is available. October 21, 1993 - Page 4 2010 COMMITTEE RESOLUTION NO. 93-1 WHEREAS, the 2010 Committee supports LOCAL TRANSPORTATION: We need to encourage and support the development of transportation systems in San Jacinto. We should have an efficient, energy -conserving, convenient, reasonably priced, and integrated transportation system combining the best of public and private resources. The system should emphasize the use of carriers that are non-polluting. We should take a proactive approach toward all categories of the local transportation of goods as well as people, within the Valley. We must develop a local transportation system which effectively serves San Jacinto's needs and which is well integrated with other inter -city and inter -regional transportation facilities. We must support the development of alternative local transportation systems which effectively serve the needs of San Jacinto's residents. NOW THEREFORE, BE IT RESOLVED BY THE 2010 COMMITTEE OF THE CITY OF SAN JACINTO that it does recommend adoption by the City Council of the proposed changes/additions to the 2010 Plan of 1992 as shown in Exhibit 'A° to this resolution; and BE IT FURTHER RESOLVED that the 2010 Committee appreciates and acknowledges the accomplishments of the City of San Jacinto during 1992/93 in using many of the 2010 Plan policy recommendations; and BE IT FURTHER RESOLVED that the 2010 Committee proposes and recommends that the City Council and San Jacinto Chamber of Commerce hold a joint workshop on economic development and financing mechanisms as a means to explore possible options available to the City which will meet 2010 Plan policy recommendations on economic development. MOVED, PASSED and ADOPTED this 21st day of October, 1993. ATTEST: /\ I Clayton Record, 201 Committee Chair October 21, 1993 - Page 5 2010 COMMITTEE RESOLUTION NO. 93-1 EXHIBIT "A" Proposed Policy Changes/Additions to 2010 Plan (Italics show existing 2010 Plan) Tourism: (ECONOMIC DEVELOPMENT, pg 10) We should encourage new tourism and recreational development. Of particular importance to San Jacinto is the Metropolitan Water District's (MWD) Domenigoni Valley Reservoir Project. This recreational and water storage project will bring tourists to visit and use our local businesses and customer traffic for our local residential developments. Recreational Opportunities/Parks: (PUBLIC FACILITIES, pg 15) Add new paragraph: The City of San Jacinto should actively support and cooperate in the Metropolitan Water District's (MWD) Domenigoni Valley Reservoir Project to the fullest extent possible. This project will bring many benefits to our community: recreational opportunities for our community; water storage and supply for our citizens; tourists to visit and use our local businesses; customer traffic for our local residential developments; and, jobs for San Jacinto residents. Hospital District: (PUBLIC FACILITIES, pg 17) The one public facility that is of value to us from birth to death is a hospital. Therefore, we encourage the successful cooperation between the City and the Hospital District to the fullest extent possible. We recommend that thc entire City be a part of thc Hospital District. We recommend that the City of San Jacinto petition for annexation to the Hospital District. October 21, 1993 - Page 6 2010 COMMITTEE RESOLUTION NO. 93-1 Government Cooperation: (REGIONAL ISSUES, pg 19) We must recognize the role of other governmental agencies that affect us: Valley Wide Recreation District; Eastern Municipal Water District (EMWD), Lake Hemet Water District, Metropolitan Water District (MWD) and the Hospital District. We should proactively interact with these agencies and take full advantage of the resources and support they provide. Regional Transportation: (REGIONAL ISSUES, pg 20) We should support the development of alternative regional transportation systems which effectively increase the accessibility to San Jacinto and create additional travel opportunities for the Valley's citizens and businesses. The Tight rail system proposed for the San Jacinto Valley should be actively supported as a viable means of bringing people into San Jacinto and also transporting our citizens to other parts of Southern California in a safe and pollution free manner. We should support the expansion of existing and the development of new inter- regional transportation facilities which effectively increase accessibility to San Jacinto and create expanded travel opportunities for the Valley's citizens and businesses. Of particular Importance is the Ramona/Cajalco Expressway corridor and the proposed light rail system into the San Jacinto Valley. Public Transportation: (LOCAL TRANSPORTATION, pg 30) We support and encourage adequate public transportation and promote the specific plan development of all public transportation systems. The light rail system proposed for the San Jacinto Valley should be actively supported as a viable means of bringing people into San Jacinto and also transporting our citizens to other parts of Southern California in a safe and pollution free manner. October 21, 1993 - Page 7 Ell 2010 COMMITTEE RESOLUTION NO. 93-1 Traffic Circulation: (LOCAL TRANSPORTATION, pg 31) Add new paragraph: We support and encourage completion of the Ramona Expressway through San Jacinto as soon as possible when adequate funds are available. October 21, 1993 - Page 8 2010 � ADVISORY COMMITTEE POLICY RECOMMENDATIONS Revised - November 2, 1993 City of San Jacinto City Council Henry Hafliger, Mayor Trammell Ford, Mayor Pro Tem Jan Leahy David Solorio Patrick Williams City of San Jacinto 2010 Executive Committee Clayton Record, Chair Raymond Buck* Dolly Chambers* Bob Hicks* Gerald Rice Tom Rodda Emie Salgado John Schouten* Ken Shaw* Harry Spitz* R.J. Stevens* Norman Surbeck* Michael Tausig* William Wye* * Denotes a member of the original 2010 Committee. City of San Jacinto 2010 Staff Pamela S. Easter, City Manager Brian McNabb, Director of Community Development Ross Chadwick, Fire Chief/Building Official, Staff Liaison Page i 1 • 2010 Mission Statements CITY OF SAN JACINTO The Mission of the City of San Jacinto is to plan for the future, by: . .. creating an attractive, well planned and balanced community which supports our citizens and businesses. . . . providing a safe and healthy community that offers education, employment, recreational and cultural opportunities. .. . promoting pride in San Jacinto and recogninzing our special heritage. CITY OF SAN JACINTO 2010 We cherish San Jacinto and its heritage and seek to assure its beauty, livability, economic strength, and the balanced opportunities it affords those who live here. Therefore, San Jacinto 2010's mission is to improve the economic well-being and to enhance the quality of life of all who live, work, visit or invest here now and in the future. Page iii 2010 Executive Summary To improve the economic well- being and quality of life of all who live, work, visit or invest in San Jacinto now and in the future. 2010 Advisory Committee Policy Recommendations Page iv 1 Executive Summary On behalf of approximately 100 citizens of our community, the 2010 Executive Committee delivered to the San Jacinto City Council on February 11, 1992, a collection of "City of San Jacinto 2010 Advisory Committee Policy Recommendations." It brought to fruition creative energies, personal emotions and the contribution of countless hours of voluntary time strategically planning the future of San Jacinto. From the beginning, these activities were a labor of love and concern for the future of this community. Looking towards and preparing for the year 2010 was the task assigned to San Jacinto's original 2010 Committee of 19 individuals in December 1989. This group grew to 68 volunteers by April 1990 and was directed by the City Council to explore and make recommendations about the direction San Jacinto should take heading into the year 2010. The following subcommittees were created to facilitate that study: • Regional Problems • Economic Development • Public Service • Social Concerns • Governmental Process/Structure • Environmental • Special Issues The 2010 Steering Committee and various subcommittees continued to meet until the end of 1990. Valuable input and recommendations were made throughout that time by the members of the 2010 Committee with the goal of developing a strategic plan for San Jacinto. After a period of frustration and inactivity by the 2010 Committee, a 2010 Executive Committee was appointed by the City Council in June of 1991 to assemble together all the previous 2010 endeavors and formulate a finished report of recommended policy statements. The City Council committed the resources necessary to complete this valuable planning project, including the assignment of City Staff, 2010 Advisory Committee Policy Recommendations Page v Executive Summary After thoroughly reviewing all of the previous work and research accomplished by the original 2010 Committee, the 2010 Executive Committee developed a mission statement which complements the City's mission. We then established the following as our primary areas of concentration for 2010 planning: • Environment/Natural Resources • Economic Development • Growth • Public Facilities • Regional Issues • Social Concerns • Local Transportation The graphic at the beginning of this summary illustrates the relationship of these areas to the 2010 mission. Please note that the arrows go both directions and all the circles are interdependent. Planning in one area may impact other areas. Each of these primary circles was then broken down into key specific concerns which are identified in the text of this report. This report develops several recommended goals for each primary area of concentration. These are shown in bold print within a border after a graphic showing all the concerns for that area of concentration. It then presents recommended policy statements for each of those concerns which are tied back to the goals. The original report was the culmination of several months of hard work by fourteen dedicated citizens (ten of which were original 2010 Committee members) of the 2010 Executive Committee and City Staff, including the City Manager, Director of Community Development and the Fire Chief. The finished report was presented to the City Council on schedule in February of 1992. The report visualized a future as hoped for by the Community. The Community in this case was represented by all the members of the original 2010 Committees. Proverbs states, "Where there is no vision, the people perish." Therefore, the first step in the development of a strategic plan of change was the visualization of the desired results or outcomes of the changes. 1 1 2010 Advisory Committee Policy Recommendations Page vi Executive Summary The tendency all too often is to focus on the processes involved in implementation rather than the results. Projects often fail when we become bogged down by the process of change, rather than focusing on the achievable results. This may have been the downfall of the original 2010 Committee. With this in mind, the 2010 Executive Committee concerned itself with recommending policies rather than suggesting implementation plans, processes or procedures. Our report, or vision, then became the ability to formulate future goals and events with discernment, commitment and enthusiasm. Once we developed our vision and make the commitment to transform our City, we shared our vision with the members of the Community through the City Council and a public meeting. Thus, our shared vision created a focus of purpose that should be pursued with intense energy to see and anticipate the far-reaching implications of such a conceived plan and summon attention to its implementation. Since the original "City of San Jacinto 2010 Advisory Committee Policy Recommendations" was accepted by the City Council in February of 1992, the City has successfuly used 2010 policy recommendations as part of their decision making strategy. The 2010 Committee sincerely appreciates the implementation of the 2010 Plan through this process. We recommend that the San Jacinto City Council continue to use the 2010 Committee to review, revise and/or add policies for the future of San Jacinto. Therefore, we also recommend that the report "City of San Jacinto 2010 Advisory Committee Policy Recommendations" continue to be reviewed at least once a year with an ongoing citizen response and intimate involvement with the City's strategic planning. We recognize that the community is dynamic and each day will bring new challenges. We recognize that this collection of policies is not perfect. It is with this document, that certain revisions and additions are made as part of the transformation process. These policies are but the foundation upon which additional policies will be placed. The fruit of our labor will provide direction as the City's General Plan matures and our City grows and expands. 2010 Advisory Committee Policy Recommendations Page vii Executive Summary We are confident that implementing these ideas will help to keep San Jacinto a community where present and future residents will continue to experience a life with quality consistent with services and expansion of local opportunities: opportunities for jobs, for education and for personal daily needs. CLAYTON RECORD Chair, 2010 Executive Committee November, 1993 2010 Advisory Committee Policy Recommendations Page viii • • 2010 Table of Contents Topic Page MISSION STATEMENTS i i i EXECUTIVE SUMMARY iv ENVIRONMENT/NATURAL RESOURCES 1 Agriculture 2 Natural Resurces 3 Open Sapce/Green Belts 3 Water Quality and Supply 4 Air Quality 5 Endangered Species 5 ECONOMIC DEVELOPMENT 6 Commercial and Industrial Development 7 Expanded and Balanced Revenue Base 8 Redevelopment 9 Jobs/Housing Balance 9 Education (Job Training) 10 Tourism 10 GROWTH 11 Annexations 12 General Plan 12 Growth Management 13 Loss of Rural Atmosphere 13 PUBLIC FACILITIES 14 Recreational Opportunities/Parks 15 Capital Projects Plan 16 Public Infrastructure 16 Education 16 Cultural 17 Hospital District 17 Page ix Table of Contents Topic. pig REGIONAL ISSUES 18 Government Cooperation 19 Air Quality 20 Regional Governance 20 Transportation 20 Water Quality and Supply 21 Solid Waste Management 21 Education 22 SOCIAL CONCERNS 2 3 Cultural Diversity 24 Historical and Cultural Preservation 25 Leisure Activities 25 Neighborhood Preservation 25 Racial Harmony 26 Senior Citizens 26 Youth Programs 26 Affordable Housing 27 Family Services 27 Safety Services 27 Health Services 28 Education 28 LOCAL TRANSPORTATION 29 Public Transportation 30 Traffic Circulation 31 Multi -Use Trails 32 Page x 1 • • 2010 Environment/Natural Resources Agriculture Endangered Species Natural Resources 2010 Advisory Committee Policy Recommendations Page 1 En vironmenVNatural Resources Environment/Natural Resources We should provide physical and natural environments that are as clean, healthy and attractive as the general welfare of the community desires. All of us in San Jacinto are trustees of a special place of great natural beauty and environmental diversity. These qualities are fragile. The specialness of this place must be protected for ourselves and for future generations. We must maintain a safe, high quality environment for San Jacinto's residents by protecting valuable community resources, mitigating environmental hazards and eliminating pollution to the greatest degree possible. We must do everything possible to assure that San Jacinto's environment is not unnecessarily polluted from any source. We must assure that the environmental impact of proposed public and private actions does not have a negative effect on the community. Agricultural: We should identify and map areas important to maintain on a long-term basis for the production of food and fiber, to provide for an agriculture component to a balanced San Jacinto economy, and to provide opportunities for citizens to pursue an agricultural lifestyle. Programs and policies, including incentives should be developed to encourage long-term protection for these areas. The viability of agriculture should be assessed using a variety of criteria, including climate, soil, cost of economic resources such as land, water, and labor, availability of appropriate markets, and the general integrity of an area for agriculture. Conflicts between agricultural practices and other land uses should be resolved after weighing the economic, visual and cultural benefits of year-round agricultural use versus temporary inconveniences. 2010 Advisory Committee Policy Recommendations Page 2 Environment/Natural Resources Except for special areas set out for voluntary long-term protection, market forces should be allowed to determine shifts from agriculture to other more intensive uses. Natural Resources: San Jacinto, including its wetlands, river, streams, and creeks should be restored as a healthy, ecologically diverse, and productive natural resource, protected and valued as essential to the environmental and economic well-being of the Valley. We should preserve, restore, protect, conserve, and enhance, where feasible, all natural resources. We must identify and develop policies to protect irreplaceable natural resources through managed use and environmental safeguards. We should encourage preservation of native vegetation and natural habitat areas to the greatest extent possible. We should preserve and enhance vegetative resources throughout the community for their scenic and biologic importance and for the enjoyment of future generations. The hillsides of San Jacinto are an important attribute of the City. We should promote development which will not create significant nuisances, hazards, or environmental damage to those hillsides. We should provide incentives to minimize usage of limited resources such as energy resources, water, and solid waste disposal sites. We should participate in and encourage community -based conservation recycling efforts. Open Spaces/Green Spaces: San Jacinto should have a plan for open space which provides for recreation and education; preserves scenic, cultural and historic values; protects the public safety and preserves and enhances the City's identity. 2010 Advisory Committee Policy Recommendations Page 3 Environment/Natural Resources We should develop a long-range priority system for the acquisition and development of specific open space areas whose location, size, design and intended use reflects the needs of the local neighborhood, as well as the City. We must increase awareness of the importance of open space as population increases and development continues to intensify. Within urban areas there should be adequate and appropriate open space for recreation and to serve as "lungs" for our urban life. Outside urban areas, we should carefully manage open space resources. These resources include agricultural lands, recreational lands and waters, wetlands, wildlife habitats, and other protected areas of special environmental importance and sensitivity. Open spaces of a non -urban character should be off-limits to urban development. We should preserve as open space areas of cultural or historical value and areas or corridors of scenic significance. We should preserve and enhance significant panoramas of San Jacinto for their scenic value, traveler orientation and public pride. We must protect the public health and safety by designation as open space, areas which cannot be safely developed within a level of acceptable risk. Water Quality and Supply: The continued health and well-being of San Jacinto depends upon an adequate water supply of high quality. The effective and efficient management of our water resources should assure: • Compliance with federal and state laws affecting water quality and treatment. • Proper planning of water supply, including water conservation, water storage, replacement, and reclamation to assure adequacy and high quality. We must encourage and promote programs to conserve water. We should also facilitate retention of natural drainage of the area. 2010 Advisory Committee Policy Recommendations Page 4 Environment/Natural Resources • Placement of infrastructure for water supply and treatment so that it supports development in areas designated for urban growth and not in protected, undeveloped areas, outside of urban boundaries. • Protection of watershed lands and aquifers. We must protect areas capable of replenishing groundwater supply. • Management of waste disposal so as not to impair the quality of water supply. Air Quality: San Jacinto should have year-round healthful air in full compliance with federal and state clean air laws and the capacity to implement these clean air laws consistent with the special conditions of San Jacinto. • We should minimize the generation of air pollutants from new growth. • We should organize land uses to encourage the use of modes of transportation other than the automobile. • We should minimize public health hazards due to air pollution. • We should promote the growth of clean industry which does not increase air pollution. • We must work towards the elimination of air pollution from all man-made sources which may impact San Jacinto. • We should plan land uses to encourage those industries subject to clean air regulations to locate downwind of the Valley's population. Endangered Species: We should proactively keep abreast of endangered species as they relate to San Jacinto's development. 2010 Advisory Committee Policy Recommendations Page 5 2010 Economic Development Commercial & Industrial Development Jobs/Housing Balance Expanded and Balanced Revenue Base 2010 Advisory Committee Policy Recommendations Page 6 1 i Economic Development Economic Development The goal is a balanced and dynamic economic growth for San Jacinto with continual development of commercial, financial, professional, educational and industrial services to assure the expansion of local opportunities and to promote a rising standard of living for all residents in a quality environment. We should provide a place within San Jacinto where our citizens and others can live, recreate, work and invest. We should encourage a jobs balance to assure levels of pay that enable members of households to provide the essentials of life at higher than marginal levels and to access educational, recreational and cultural opportunities that enrich their lives. We must understand that every action or inaction by local government, whether intended or not, has an effect on the local economy. Likewise, the private sector actions of expansion, business conduct, and investment affects the community. We should place a major priority on improving the physical and social image of San Jacinto as it relates to the future economic growth of the City. A strong, balanced and diversified San Jacinto economy produces the full employment and incomes fundamental to our economic well- being as a City as it produces the tax revenue that supports a variety of beneficial public services. A vibrant economy is thus essential to San Jacinto's quality of life. Commercial and Industrial Development: We should encourage, with all means possible, the economic development and redevelopment of San Jacinto by the private sector and where necessary with public/private partnerships. 2010 Advisory Committee Policy Recommendations Page 7 Economic Development We should place a major emphasis on the recruitment of business and industrial enterprises which will further diversify San Jacinto's economic base and employment base. We should actively promote further commercial and industrial development which meets the economic and social needs of the community. We should provide adequate amounts of land for future commercial and industrial development without sacrificing the character of the community and its environmental quality. We must assure a quality environment for both industry and neighboring activities. We should promote increased job opportunities to the community, especially low and moderate income residents. We should develop and coordinate capital improvement priorities according to criteria which further promote the economic development and redevelopment of the City. We should provide an adequate amount of land for the necessary expansion of San Jacinto's existing industrial base and an additional readily available reserve of industrial land for future development to meet the long range needs of the City. We should upgrade the efficiency, convenience and appearance of existing commercial streets and develop design alternatives for future commercial development. We should encourage and promote the continued vitality of all areas of the City with a primary focus of providing a variety of uses including commercial, office, recreational, entertainment, cultural and residential. Expanded and Balanced Revenue Base: We should promote a growing, diversified and balanced economy that will generate sufficient revenue to fund City programs and services and sufficient jobs to satisfy the employment needs of its labor force through all cycles of the economy. 2010 Advisory Committee Policy Recommendations Page 8 Economic Development We should pursue new or expanded sources of revenue to fund the operational costs that result from an expanded population base, inflation, mandated programs and other conditions that increase public operational costs. We should create reserve funds during growth years to maintain levels of services and programs and to fund capital improvement programs during lean years. Redevelopment: The City's Redevelopment Plan has designated certain areas that, because of existing conditions, need governmental assistance to eliminate blight. We must recognize the redevelopment process as a vital tool within the broader framework of overall City economic development strategies. Redevelopment should be planned in coordination with long-range General Plan land use designations, capital improvement plans and economic development strategies. We encourage the elimination and prevention of the spread of blight in deteriorating areas through the redevelopment planning process. Redevelopment should serve as a public catalyst for private development by offering incentives to the private sector to encourage investment in blighted areas. Jobs/Housing Balance: We should strive to increase the number of jobs and to improve the ratio of jobs to housing. People should be able to find good -quality and balanced housing opportunities in reasonably close proximity to their workplaces. 2010 Advisory Committee Policy Recommendations Page 9 Economic Development Education (Job Training): We encourage strong community support for our education system. We support programs such as job training, job and career counseling, and placement services through our education system. We should creatively coordinate job training and counseling and community development to assure the highest return on community investments. We must work with local schools and colleges and the State and Federal governments to assure quality programs for our residents. We should realize that successful job training programs can also be an important factor in attracting new business and industry. Tourism: We need to recognize and take advantage of tourism and recreational opportunities. We should enhance the cultural opportunities of the Ramona Bowl. We should include a tourism element to the City's economic development strategy. We should improve the City's image to visitors. We should encourage new tourism and recreational development. Of particular importance to San Jacinto is the Metropolitan Water District's (MWD) Domenigoni Valley Reservoir Project. This recreational and water storage project will bring tourists to visit and use our local businesses and customer traffic for our local residential developments. We should actively promote the tourism and recreational opportunities in San Jacinto. 2010 Advisory Committee Policy Recommendations Page 10 2010 Growth General Plan (Land Use Planning Issues) Loss of Rural Atmosphere 2010 Advisory Committee Policy Recommendations Page 11 Growth Growth We should match the rates of growth with the capacity of the infrastructure and services needed to support that growth. We should have effective land use patterns which will preserve open space, agriculture, habitat, and natural areas which are an important part of our heritage. Balanced growth should be encouraged in San Jacinto Annexations: We encourage a strong annexation program in San Jacinto. We should strive to expand the City's sphere of influence to its ultimate location. General Plan: The purpose of the General Plan is to create well thought out, informed policies regarding the City's ongoing and future development. We encourage only those land uses that meet the goals, objectives, policies and intent of the Land Use Element of the General Plan and is in conformance with the other elements of the General Plan. The General Plan should not induce growth, it should accommodate and promote the mechanism to control growth. Therefore, it is critical the General Plan be kept current and that development be consistent with that General Plan. We encourage and support an adequate level of public services to meet the needs of the existing and future planned population. We should promote growth, development and redevelopment that recognizes the costs, benefits and trade-offs, both social and economic, of the capacities of the natural and man-made environment of the City. 2010 Advisory Committee Policy Recommendations Page 12 Growth Growth Management: We must manage growth effectively and efficiently or we will lose many of the qualities that make this Valley such a special place. Growth must be managed so as to ensure its positive aspects and minimize its negative impacts. Economic growth will enrich us with a degree of prosperity. Growth must be managed so as to protect and improve our natural and our human environment. Without effective growth management, our quality of life will deteriorate. A balanced community requires a proper jobs to housing ratio. Loss of Rural Atmosphere: Due to a better quality of life, favorable climate, relatively affordable housing, availability of land, and the decreasing economic viability of agriculture in the area, there is momentum for growth. This growth causes a loss of the rural atmosphere in San Jacinto. Properly developed open space, trail systems, a range of housing opportunities, including rural housing opportunities, and preservation of historic structures will help retain a sense of ruralness. 2010 Advisory Committee Policy Recommendations Page 13 Capital Projects Plan 2010 Public Facilities Hospital District ...., 2010 Advisory Committee Policy Recommendations Page 14 Public Facilities Public Facilities We should provide public facilities that effectively contribute to the mobility, security, health, recreation, education, housing and sustenance of citizens at levels that are responsive to their changing needs. We should proactively maintain and expand existing facilities as needed to meet demands of expected growth. We should develop a master plan of the types of facilities that San Jacinto will need to serve our residents, including: parks and recreational facilities; schools; community center; city hall; museum; civic center; senior and youth facilities; and, the necessary public safety facilities. We should create a financing plan for the construction and maintenance of public facilities. Recreational Opportunities/Parks: We encourage the successful cooperation between the City and Valley Wide Recreation District to the fullest extent possible. As such, we should acquire, maintain and operate park and recreational facilities and programs which meet the needs of existing and future populations. The City of San Jacinto should actively support and cooperate in the Metropolitan Water District's (MWD) Domenigoni Valley Reservoir Project to the fullest extent possible. This project will bring many benefits to our community: recreational opportunities for our community; water storage and supply for our citizens; tourists to visit and use our local businesses; customer traffic for our local residential developments; and, jobs for San Jacinto residents. 2010 Advisory Committee Policy Recommendations Page 15 Public Facilities Capital Projects Plan: We should coordinate local and regional capital improvement needs, including schools, utilities, transportation, and City facilities. These individual needs should be included as a part of a Master Facilities Inventory. Public Infrastructure: We should maintain and expand existing public facilities as needed to keep up with growth. We should maintain, monitor and expand water, sewer, utility, parks, community facilities, educational facilities and flood control facilities as needed. We should develop a financing plan to fund this infrastructure. Education: We encourage strong community support for our education system. The educational institutions must prepare for a long-term surge of students. The community must provide permanent educational facilities in a timely manner to facilitate quality education for all students. School facilities should be located near other public facilities so that maximum utilization can occur. The facilities must be placed in the areas of greatest growth and could become a core for community activity. School district buildings, when appropriate, should integrate with other public facilities whenever possible to avoid costly duplication. Long term financing mechanisms for all public facilities must be put into place to assure timely acquisition. 2010 Advisory Committee Policy Recommendations Page 16 Public Facilities Cultural: We strongly support our existing cultural facilities including the Mt. San Jacinto Junior College, Valley School of the Arts and the San Jacinto Library. We should actively support the expansion of these facilities. We should evaluate the demand for cultural public facilities such as museums, art galleries, civic theaters, libraries and develop a plan to provide cultural facilities, when needed. Hospital District: The one public facility that is of value to us from birth to death is a hospital. Therefore, we encourage the successful cooperation between the City and the Hospital District to the fullest extent possible. We recommend that the City of San Jacinto petition for annexation to the Hospital District. 2010 Advisory Committee Policy Recommendations Page 17 2010 Regional Issues Regional Governance Solid Waste Management 2010 Advisory Committee Policy Recommendations Page 18 Regional Issues Regional Issues We recognize the need for and the existence of a three-tier "regional" system that may impact San Jacinto: Local; Western Riverside Region; and, Southern California. In the Valley there is a need for coordinated effort of government. In many ways, the County, City of Hemet and City of San Jacinto are a single interdependent region. We are not only bound together by the Valley but also by our daily crossing of political boundaries for purposes of work, housing, commerce, recreation, and education. San Jacinto should seek a better balance than now exists between the interests and needs of the region as well as the interests and needs of individual communities. The benefit would be a united front from the Valley at the County and State levels. While preserving our local government decision capacities, we must give ourselves a new regional capacity to debate, decide, and implement regional policies affecting the economy, the environment, transportation, and land use. Government Cooperation: On issues that are multi -jurisdictional in scope, the two cities of San Jacinto and Hemet should work closely on those issues. We should explore all opportunities for consolidation of services to reduce duplication of services and make both communities more effective and efficient. We must recognize the role of other governmental agencies that affect us: Valley Wide Recreation District; San Jacinto Unified School District; Eastern Municipal Water District (EMWD), Lake Hemet Water District, Metropolitan Water District (MWD) and the Hospital District. We should proactively interact with these agencies and take full advantage of the resources and support they provide. 2010 Advisory Committee Policy Recommendations Page 19 Regional Issues Air Quality: As a receptor area, we should be aware of and participate in the decisions of the South Coast Air Quality District. We should support efforts to improve the air quality that currently adversely affects San Jacinto and the Valley. We should adopt and implement a plan that mitigates the impact of growth on air quality. We should support the relocation of non-polluting businesses to San Jacinto in order to reduce the commutes of residents. Regional Governance: The regional vision for San Jacinto in 2010 includes an effective and efficient three-tier "regional" system: • Effective State policies for managing growth and change in southern California. • We recognize and support the role of the Western Riverside Council of Governments (WRCOG) as a regional agency which assists and coordinates the jurisdictions within the region on issues of regional significance such as regional air quality, regional transportation, and regional aspects of land use. • Strong local governments acting consistently and responsibly within approved regional plans. Transportation: We should increase the accessibility of San Jacinto from throughout the County and Southern California through the development of transportation facilities and systems. 2010 Advisory Committee Policy Recommendations Page 20 Regional Issues We should recognize the needs for a sub -regional approach to transportation planning in the San Jacinto Valley and work with other local communities to develop alternative systems for this sub -regional area. We should support the development of alternative regional transportation systems which effectively increase the accessibility to San Jacinto and create additional travel opportunities for the Valley's citizens and businesses. The light rail system proposed for the San Jacinto Valley should be actively supported as a viable means of bringing people into San Jacinto and also transporting our citizens to other parts of Southern California in a safe and pollution free manner. We should support the expansion of existing and the development of new inter- regional transportation facilities which effectively increase accessibility to San Jacinto and create expanded travel opportunities for the Valley's citizens and businesses. Of particular Importance is the Ramona/Cajalco Expressway corridor and the proposed light rail system into the San Jacinto Valley. To meet our goals of clean air and relatively uncongested roadways, a significant reduction will be needed in trips, particularly by single -occupied vehicles. In addition to transportation planning, this reduction will be more achievable if the balance of jobs and housing in San Jacinto is improved. Water Quality and Supply: We support the cooperative efforts of the Valley's water quality and supply programs and encourage the development of new programs to maintain and enhance water quality and supply. Solid Waste Management: The sound management of solid and hazardous waste through source reduction, recycling and disposal is an important aspect of our concern of the land. 2010 Advisory Committee Policy Recommendations Page 21 Regional Issues We should pursue feasible alternatives to land fill methods of solid waste disposal, and we should support viable regional solutions to disposal problems. Education: The educational institutions in the San Jacinto Valley must work together, at a minimum, on specialized programs. Costly duplication of services may be minimized with ongoing articulation and communication. The districts are already cooperating in areas such as maintenance of vehicles, staff development and special education. Cooperative efforts by educational institutions on a regional basis can also provide the necessary general and specialized employment related skills for an effective commercial/industrial work force. 2010 Advisory Committee Policy Recommendations Page 22 2010 Social Concerns Leisure Activities Historical and Cultural Preservation Safety Issues Racial Harmony Youth Programs Neighborhood Preservation Social Concerns Family Services Cultural Diversity Health Services Affordable Housing Senior Citizens Education 2010 Advisory Committee Policy Recommendations Page 23 Social Concerns Social Concerns We should create the highest quality of life for all residents in San Jacinto by striving for the highest quality of social environment and services delivery. We encourage these services be made available and accessible to everyone and removing any obstacles to the realization of each individual's full potential. We should provide social services directly only when it is not possible for others to provide such services, when funding becomes available to do so, or where it can be demonstrated that the City can deliver such services in a more effective and efficient manner. We should develop a comprehensive information pool accessible to all residents to insure that sufficient and accurate information regarding the social health and well-being of the community is available. Cultural Diversity: The projected changes in the make-up of our population have important consequences: we not only need economic growth and environmental protection, we also need to insure a harmonious society as our diversity grows. We must meet the challenges of our growing and ethnically diverse population. All our citizens must appreciate and build on the strength of our cultural diversity. We should recognize diversity as a positive asset and promote ways to enhance that diversity. Increasingly, it will be only by seeing common ground among people of different cultures, life styles, and expectations that effective action is possible. 2010 Advisory Committee Policy Recommendations Page 24 Social Concerns Historical and Cultural Preservation: We should identify and preserve historic structures where feasible. We should identify and make information available concerning historic structures and events in San Jacinto. We should recognize the importance of historic areas and encourage and assist in preserving the City's historic resources. We should encourage the restoration and reuse of older structures which add to San Jacinto's character and sense of cultural and historic identity. We should encourage refurbishing of older buildings in the City for residential, commercial or office uses when such alterations would preserve significant architectural details of the building and would lend a unique atmosphere to its surroundings. We must preserve areas of historic or architectural significance as physical representations of San Jacinto's historic and cultural heritage. We should develop a financing mechanism to accomplish the historical and cultural preservation of San Jacinto. Leisure Activities: We should promote and support cultural activities in the community. We should encourage the expansion of the library system to meet the needs of 2010. We encourage the provision of a full range of leisure activities for all ages. Neighborhood Preservation: We must affirm that living in San Jacinto assumes certain responsibilities towards ones neighbors and the community. We should develop, maintain and preserve socially healthy neighborhoods. Socially healthy neighborhoods are defined as providing safety, convenience, and 2010 Advisory Committee Policy Recommendations Page 25 Social Concerns a feeling of community identity to its residents. Socially healthy neighborhoods include elements such as: • 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. • Potential mixing of certain commercial uses with residential uses. • A sense of security. • Retention of property values. Racial Harmony: We must work inclusively and collaboratively to build a community where all its citizens can realize their full potential. Senior Citizens: We should recognize that senior citizens are a viable part of the community now, and will remain so. We also should recognize that even though San Jacinto's population is slowly changing to a younger community, there will remain a vibrant senior community which will add significantly to San Jacinto. Youth Programs: We strongly support cooperation with Valley Wide Recreation and the Valley Teen Project. A wide range of activities and programs must be provided to our 2010 Advisory Committee Policy Recommendations Page 26 Social Concerns youth and we encourage all the various youth organizations to work cooperatively to provide as many programs and services as possible. Affordable Housing: We should guaranty that all citizens have an equal opportunity to obtain housing of their choice which is within their means. We must develop a community sense of pride and togetherness among all the many neighborhoods in San Jacinto. promote the concept of attractive, quality, safe residential We should needs of our environments that meet individual, social, cultural and personal residents. 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. Family Services: We encourage programs that preserve and strengthen the family unit, including: • Child care • Parenting education • Counseling Safety Services: The City should provide a high level of public safety that meets the expectations and needs of the community. 2010 Advisory ommittee Policy Recommendations age 27 Social Concerns We must carry out the intent of the City's Emergency Plan in cooperation with other local agencies and jurisdictions, Riverside County, adjacent counties, the State and especially community volunteers and groups. We should develop emergency procedures to maintain a high level of safety for all San Jacinto residents. Health Services: We encourage the availability for San Jacinto's residents a full range of quality health services which include health maintenance organizations (HMO's), urgent care centers, emergency medical services and a complete selection of specialized physicians and services. Education: Education is more than just a social opportunity. It is one of the most important investments that our community can make. We strongly support our educational system. The community should provide quality and equal educational opportunities at all levels including the university level in order to meet both its human resources and economic development needs. The educational institutions need to be prepared to meet the challenges of a more highly diverse population. Every student must be afforded the opportunity to acquire a quality education, including how to be an active participant in our democratic society. The community must encourage all parents and concerned individuals to be a part of our community's educational programs. All members of the community must model the importance of a quality education to our children. The educational institutions must change their focus as society changes to assure that all students are prepared to be contributing members of any community in which they live. This must include not only initial instruction but retraining for the changing job market. The school districts must work with all social service agencies to assure that there is coordination among and less duplication of costly services to the community's children. 2010 Advisory Committee Policy Recommendations Page 28 0 2010 Local Transportation • • Traffic Circulation Multi -Use Trails 2010 Advisory Committee Policy Recommendations Page 29 Local Transportation Local Transportation We need to encourage and support the development of transportation systems in San Jacinto. We should have an efficient, energy -conserving, convenient, reason- ably -priced, and integrated transportation system combining the best of public and private resources. The system should emphasize the use of carriers that are non-polluting. We should take a proactive approach toward all categories of the local transportation of goods as well as people, within the Valley. We must develop a local transportation system which effectively serves San Jacinto's needs and which is well integrated with other inter -city and inter -regional transportation facilities. We must support the development of alternative local transportation systems which effectively serve the needs of San Jacinto's residents. Public Transportation: We support and encourage adequate public transportation and promote the specific plan development of all public transportation systems. The light rail system proposed for the San Jacinto Valley should be actively supported as a viable means of bringing people into San Jacinto and also transporting our citizens to other parts of Southern California in a safe and pollution free manner. Public Transportation should be available to population and work centers; in more sparsely -populated areas, however, roadways and private vehicles will remain the primary means of transportation. 2010 Advisory Committee Policy Recommendations Page 30 Local Transportation Traffic Circulation: Transportation and land use decisions should be supportive of each other and consistent with clean air objectives. Transportation infrastructure should not be an independent stimulant to land use development. We must develop a plan for circulation which allows for the movement of people and goods in and through the City in a safe and efficient manner, and which represents land use policies of the City. We should use circulation planning to encourage desirable land use pattern within the City. We should use use circulation planning as a means to develop greater City identity and create a strong City structure through a coherent designation of street function and street beautification programs. We should recognize the importance of the Ramona Expressway, Sanderson Avenue and Warren Road to San Jacinto's circulation system and seek to maintain adequate and efficient traffic flow. We should actively seek cooperative efforts to have highways 79 and 74 rerouted from urban areas to locations which meet State highway objectives. We should improve the vehicular circulation system through the use of appropriate traffic controls and design techniques which effectively add to the efficiency and safety of traffic movement within the City. We must recognize the important role that street ascetics play in determining the overall image of the City and we should coordinate street construction or improvement projects with City beautification programs. We support and encourage completion of the Ramona Expressway through San Jacinto as soon as possible when adequate funds are available. 2010 Advisory Committee Policy Recommendations Page 31 Local Transportation Multi -Use Trails: We should recognize the importance of the bicycle as a viable means of transportation and make adequate provisions for its safe use within the community. We must support efforts which will lead to the development of a bicycle trail system for the San Jacinto Valley. We should recognize the potential for the development of equestrian facilities and trails in certain planned neighborhoods. We should encourage the multiple use of existing and future flood control channels. The City should work with the Flood Control District on the possible use of adjacent flood control channel access roads as running, hiking, bicycling and/or equestrian trails. Channel rights -of -way should also be landscaped and serve as "green linkages" to schools, parks and other open spaces in San Jacinto. 2010 Advisory Committee Policy Recommendations Page 32 AGENDA ITEM 7.9 December 16, 1999 TO: Honorable City Council FROM: City Manager SUBJECT: Introduce Ordinance No. 1079, Repealing Ordinance No.373 and Granting a Franchise to Southern California Edison Company for Electricity Distribution RECOMMENDATION: By motion, introduce by reading of title only Ordinance No. 1079, amending Ordinance No. 373 granting a franchise to Southern California Edison Company for electricity distribution. BACKGROUND: An ad hoc committee composed of Council Member Conner and City Manager Mocalis met with representatives of Southern California Edison Company, for the purpose of considering a change in the manner in which franchise fees are rebated to the City. The current method provides for payment of two percent (/2%) of the gross receipts based on miles of transportation/distribution lines within San Jacinto (payment was $72,731.20 in 1998). The amendment to the Ordinance would provide for payment of one percent (1%) based on gross receipts from sales within the City (payment would have been $102,866.94 in 1998, compared to actual payment of $72, 731.20). The main other difference in the conditions of the franchise would be to change from a determinate term of forty (40) years after the effective date of the franchise to an indeterminate term that would be under the control of the franchisee. The original franchise was effective as of August 4, 1961 and will expire on August 4, 2001. JUSTIFICATION: The City will derive increased revenues under the proposed change. BUDGETARY IMPACT: Additional revenues in the approximate amount of $30,000.00 per year will be received. ATTACHMENTS: 1 — Proposed Ordinance No. 1079 sj\agenda1991216sce ORDINANCE NO. 1079 AN ORDINANCE OF THE CITY OF SAN JACINTO CALIFORNIA, REPEALING ORDINANCE NO. 373, AND GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO USE AND TO CONSTRUCT AND USE, FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY FOR ANY AND ALL PURPOSES, POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS NECESSARY OR PROPER THEREFOR, IN, ALONG, ACROSS, UPON, OVER AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF SAN JACINTO THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES ORDAIN AS FOLLOWS: Section 1: Whenever in this Ordinance the words or phrases hereinafter in this section defined are used, it is intended that they shall have the respective meanings assigned to them in the following definitions (unless, in the given instance, the context wherein they are used shall clearly import a different meaning): a. The word "grantee" shall mean the corporation to which the franchise contemplated in this Ordinance is granted and its lawful successors or assigns. b. The word "City" shall mean the City of San Jacinto, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form. c. The word "streets" shall mean the public streets, ways, alleys and place as the same now or may hereafter exist within the City. d. The phrase "poles, wires, conduits and appurtenances" shall mean poles, towers, supports, wires, conductors, cables, guys, stubs, platforms, crossarms, braces, transformers, insulators, conduits, ducts, vaults, manholes, meters, cut- outs, switches, related communication conduits and circuits, appliances, attachments, appurtenances and any other property located or to be located in, along, across, upon, over or under the streets of the City, and used or useful, directly or indirectly, for the purpose of transmitting or distributing electricity for all lawful purposes including a licensed telecommunication provider's use of temporarily available capacity. e. The phrase "construct and use" shall mean to lay, construct, excavate, encroach, erect, install, reinstall, operate, maintain, use, repair, modify, replace, relocate, or remove. f. The word "franchise" shall mean and include any authorization granted hereunder in terms of a franchise, privilege, permit, license or otherwise to construct and use poles, wires, conduits and appurtenances, including related communication conduits and circuits, for transmitting and distributing electricity for any and all lawful purposes in, along, across, upon, over, and under streets within the City. Any authorization, in whatever terms granted, shall mean and include any additional license, feel, or permit required for the privilege of transacting and carrying on a business within the City. Section 2: The franchise to use and to construct and use, for transmitting and distributing electricity for any and all purposes, poles, wires, conduits and appurtenances, including communication conduits and circuits, necessary or proper therefore, in, along, across, upon, over and under the streets within the City of San Jacinto, is hereby granted to Southern California Edison Company, its lawful successors and assigns, under and in accordance with the provisions of the Franchise Act of 1937. Section 3: Said franchise shall be indeterminate, that is to say, said franchise shall endure in full force and effect until, with the consent of the Public Utilities Commission of the State of California the same shall be voluntarily surrendered or abandoned by the grantee, or until the State or some municipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain, all property actually used and useful in the exercise of said franchise and situate within the territorial limits of the state, municipal or public corporation purchasing or condemning such property, or until said franchise shall be forfeited for noncompliance with its terms by the grantee. Section 4: The grantee of said franchise, during the life thereof, will pay to said City two percent (2%) of the gross annual receipts of said grantee arising from the use, operation or possession of said franchise; except that this payment shall be not less than one percent (1%) of the gross annual receipts derived by grantee from the sale of electricity within the limits of said City. Section 5: The grantee shall file with the City Clerk of said City, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this franchise, and within three (3) months after the expiration of each calendar year thereafter, a verified statement showing in detail the total gross receipts of said grantee derived during the preceding calendar year, or such fractional calendar year, from the sale of electricity within the limits of said City. The grantee shall pay to said City within fifteen (15) days after the time for filing said statement, in lawful money of the United States, the aforesaid percentage of its gross receipts for the calendar year or fractional calendar year, covered by said statement. Any neglect, omission or refusal by said grantee to file said verified statement, or to pay said percentage at the times or in the manner hereinbefore provided, shall constitute grounds for the declaration of a forfeiture of this franchise and of all rights of grantee hereunder. Section 6: The Grantee shall remove or relocate, at the request of the City and without expense to the City, any poles, wires, conduits and appurtenances installed, used or maintained under this franchise if and when made necessary by any change of grade, alignment or width or any streets, including the construction of any subway or viaduct by the City; provided, however; that Grantee shall not be required to bear the expense of any removal or relocation made at the request of the City on behalf of or for the benefit of, any developer or other third party. In no event shall Grantee be obligated to incur the cost of removal or relocation of any poles, wires, conduits, and appurtenances, which were previously removed or relocated at the request of the City, if the City request for the repeat location is delivered on a date that is less than ten (10) years from the date of the completion of a prior removal or relocation requested by the City. Section 7: The Grantee herein shall file with the legislative body of the City of San Jacinto within thirty (30) days after any sale, transfer, assignment or lease of the franchise herein granted or any part thereof, or any of the rights or privileges granted thereby, written evidence of the transaction, certified to the Grantee or its duly authorized officers. Section 8: This Ordinance shall become effective thirty (30) days after its final passage, unless suspended by referendum petition filed as provided by law. Section 9: The written acceptance of said franchise by Grantee herein granted shall operate as an abandonment of all such other franchises, rights and privileges within the limits of said City as such limits at any time exist. Section 10: The grantee of this franchise shall pay to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of this franchise; said payment to be made within thirty (30) days after the City shall have furnished said grantee with a written statement of such expenses. Section 11: The franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by the grantee with the City Clerk of said City. Section 12: The City Clerk shall cause this Ordinance to be posted within fifteen (15) days after its passage in three (3) public places within said City. INTRODUCED at a regular meeting of said City Council on the day of , 1999, by the following vote: AYES: NOES: ABSENT: ATTEST: Mayor City Clerk STAFF REPORT To: Honorable Mayor and City Council From: George Kaenel, Interim Finance Director Subj: Market Feasibility and Absorption Study for CFD 2 Date: December 16, 1999 E Recommendation: It is recommended that the City Council appoint Market Profiles to do a Market Feasibility and Abortion Study for Community Facilities District No. 2. Background: The City Council directed staff to obtain an independent market feasibility and absorption study of CFD 2 prior to approving a work out agreement with Elliott Associates. In August, Suzanne Harrell of Rod Gunn and Associates sent a request for proposal to firms with which her firm was familiar. Three firms responded to that RFP. A copy of each firm's proposal is presented herewith. All three firms appear to have the qualifications to perform the study. Therefore, staff is recommending that the firm with the lowest fee be given the appointment. Mr John R. Shumway, President of Market Profiles has indicated that his August 23, 1999 proposal is still valid. August 23, 1999 Mr. George Kaenel Financial Director City of San Jacinto 201 E. Main Street San Jacinto, CA 92583 RE: MARKET FEASIBILITY AND ABSORPTION STUDY, RANCHO SAN JACINTO, 229 ACRES, SAN JACINTO, CALIFORNIA Dear Mr. Kaenel: Market Profiles is pleased to have this opportunity to submit this proposal to provide Market Research Services to the City of San Jacinto. It is our understanding that we will be asked to determine the market feasibility unit mix, size of home, pricing and projected absorption for the remaining 229 acres of the Rancho San Jacinto master -planned community. The remaining acreage will accommodate approximately 1,000 homes. Market Profiles approach to this engagement will be to bring together a project team comprised of seasoned real estate professionals with expertise in real estate economics, land planning, market research and residential development. This team approach is particularly effective in ensuring the synergy between products and the accommodation of real world market dynamics that is so critical in the development of successful communities. The team we have assembled for this project has the talent and experience needed to provide you, the City of San Jacinto, with the confidence to make the necessary strategies, and economics conceming this property. The members of the team include: John Shumway, President David Dickey, Economist Bob Reicher, Vice President Our proposal is definitively outlined in the following sections: Section I: A description and short history of the firm. Section II:. A listing, description of work, and references for large residential master - planned communities. CITY OF SAN JACINTO George Kaenel August 23, 1999 Section III: A summary of Market Profiles work experience and understanding of Riverside County. Section IV: Description of the Scope of Services to be performed on four individual tracts. Section V: A list with resumes of key personnel and roles in the engagement. Section VI: A description of the Cost of Service, including rates, reimbursable expenses, and a description of the schedule of completion for the project. Mr. Kaenel, we look forward to being a part of the team with the City of Indio and you on this engagement. Please do not hesitate to call should you have any question, clarifications, or require further information. Sincerely, RKET PROFILES IAA,• I -mu 6 0 Jo n R. Shumway Pr ident CITY OF SAN JACINTO George Kaenel August 24, 1999 Market Profiles SECTION I WHY MARKET PROFILES? MARKET PROFILES Established in 1968 Market Profiles has conducted more than 2,000 major market feasibility studies on real estate developments throughout California, Arizona, Nevada and Texas. The company is headquartered in Costa Mesa, California with a satellite office in Dallas, Texas. Market Profiles is a leader in providing historical, economic, analysts market and product research, covering the complete spectrum of real estate development. Our consulting practice is one of the most detailed, sophisticated, and innovative in the real estate industry. Over the past 30 years, Market Profiles has established a solid reputation for our work on master -planned communities and mixed - use projects, including The Lakes (Sunrise); East Lake in Chula Vista; Sun Lakes (Presley); Menifee; and Rancho Santa Margarita. Our primary role in the process is to ensure that there's sufficient market support (depth of demand) for each of the proposed land use components — and to make sure that the sum of these components is greater than the individual land uses; thus, providing the necessary "synergy" to absorb multiple product lines. Residential New Home Trends, a comprehensive residential database, which covers all for -sale projects in 75 different Southern Califomia submarkets, is the backbone for our residential analysis. In the Coachella Valley, for example, we have shopped all for -sale projects on a quarterly basis since the day they first opened, and tracked all proposed projects in the planning pipeline. That rich supply-side information, coupled with economic demand analysis, is the basis for insightful, realistic, and market -supported recommendations on how a project can be strategically positioned. Page 1 CITY OF SAN JACINTO George Kaenel August 23, 1999 SECTION II REPRESENTATIVE PROJECT LIST MARKET PROFILES Key Properties! Location Client Work Year Acres Description WOOD RANCH - Simi Valley WOOD RANCH- 1994 Long Canyon Phase IV RANCHO SANTA 1981 MARGAR ITA- Rancho Santa Margarita Orange County LITCHFIELD PARK Phoenix, Arizona 1979- 4,026 Nu -West: Studies indude 80 development of recommended product for overall Master Plan including attached and detached, residential and commercial land uses. Property later sold to Olympia & York. 1,855 Simi Valley School District: Studies resulting in a more market driven evaluation of previously recommended product, demand projection, and absorption forecast, a land valuation/residual value land analysis, risk analysis, value engineering, and design (Dr. Mary Beth Wolford 805/520-6505). 5,000 Santa Margarita Company: Studies involved development of land uses for the north half of the ranch with heavy emphasis on residential product (Don Moe 714/ 5894040). 1985 14,400 GoodyeaNWestinghouse: Developed the initial Master Plan for 2,000 acres of residential land uses (Steve Vartan- Westinghouse 619/341- 1554). CITY OF SAN JACINTO George Kaenel August 23, 1999 Key Properties/ Location Client Work Year Acres Description MORENO VALLEY RANCH (Wolfskill Fam.) Moreno Valley, Sunnymead and Riverside County AUDIE MURPHY RANCH Sun City/Menifee SHELL RANCH Yorba Linda CROWN HILL Temecula CHASE RANCH Corona NORTH PEAK Lake Elsinore 1987 3,959 Warmington Development: Full product and pricing recommendation for all residential (Bob Odle 714/557-3198) (Mac O'Donald 714/996-1394). 1992 991 Chevron Pacific: Study evaluated the existing plan and to make the project more market driven (Don Means 714/721-9777). 1993 810 Shell Oil Company: Studies include full recommendations for housing project, pricing and absorption including feasibility of an 18-hole golf course within the community (George Basye 714/257-1249). 1990 412 Taylor Woodrow Company: Study developed criteria for product pricing and sales rate in a master -planned - environment (Jeff Proster 714/581-2626). 1990 703 Bennett Consolidated: Study entailed field recommendations for product, pricing, and absorption. 1991 1,064 TMC Development: Full product and pricing for residential and commercial. CITY OF SAN JACINTO George Kaenel August 23, 1999 SECTION III SUMMARY OF WORK EXPERIENCE IN RIVERSIDE COUNTY MARKET PROFILES In addition to the collection of data on a quarterly basis for Residential New Home Trends since 1968, Market Profiles has prepared numerous Market Feasibility studies for developers and builders wishing to better understand the new home residential market in Riverside County. Selected examples of recent study clients include: J Inland Group, Beaumont J Buie Corporation, Corona Ranch J Weyerhaeuser Venture, Temecula, Perris and Menifee J Mesa Grande Partners, Hemet J Siegal Ranch Partners, Lake Matthews -) Lake/Kuhn Pacific, Murrieta J Bank of California, Temecula J Desert Wells County Club, Palm Desert -) Brookfield California Holding, Menifee J Avanti, La Quinta J Brookfield Califomia Holdings, Winchester 1800 • Brookfield Califomia Holdings, Desert Hot Springs J Shadow Ridge, Palm Desert J Brookfield Califomia Holdings, Oak Valley, Calimesa J Brookfield Califomia Holdings, Audie Murphy, Riverside County J Bergheer Califomia, Rancho Mirage CITY OF SAN JACINTO George Kaenel August 23, 1999 SECTION IV Data Collection And Analysis RESIDENTIAL To assess the market opportunity for the remaining acreage of the subject property, Market Profiles will perform the following: O An economic background analysis including a review and forecast of housing demand by price range for the City of San Jacinto Economic Study Area (ESA) based upon the following factors: J Employment J Population growth J Household formation and composition J Income levels ..) Historical absorption trends J Consumer attitudes J Overall economic conditions ❑ A detail field survey of competitive projects within the Competitive Housing Market Area (CHMA) to determine specific product characteristics, features, recreational amenities, unit pricing, premium structures, sales experience, and consumer profiles. For the purpose of this report, the CHMA will include: The cities of Hemet, Perris, Sun City, Moreno Valley, Temecula and selected unincorporated areas of West Central Riverside County. ❑ A review of resale activity in the CHMA to determine home values and activity levels. ❑ A review of historical new -home sale trends to determine past absorption levels among specific price ranges and product types. ❑ A review of proposed competitive development activity for the CHMA to assess the future posture of the marketplace. O A physical inspection of each subject development site to evaluate the strength of the location versus the most salient competition including topography, climate, ingress/egress, neighborhood composition, schools, shopping and recreational amenities while being aware of any special features inherent with the site. CITY OF SAN JACINTO George Kaenel August 23, 1999 Conclusions and Recommendations Based upon an analysis of the aforementioned primary research, concise conclusions and specific recommendations will be derived as follows: ❑ Characterization of the current and projected market conditions relative to the development of the subject site. ❑ Recommendation of a mix of lot and residential products including lot sizes and configuration. ❑ Recommendation of overall proiect desian parameters to satisfy the identified market opportunities including, type of residenta; concepts, densities, lot sizes, product mix, and phasing. ❑ Recommendation of overall specific product design parameters in number plans mix, square footage of the homes bedroom, bath , special rooms and size of garage. ❑ Recommendations of optimum pricing, premium range, and financing. ❑ Forecast of market absorption by product type. CITY OF SAN JACINTO George Keene! August 23, 1999 SECTION V RESUMES OF KEY PERSONNEL John R. Shumway Project Director Mr. Shumway is the President of Market Profiles and comes to market research by way of the development and brokerage side of the real estate business. Prior to joining Market Profiles in 1983, he served as Director of Acquisitions for Ponderosa Homes and Vice President for construction at San Roque Development. He is a principal in the firm and oversees both residential and commercial divisions. A particular area of specialization is developing land use recommendations for major master-planned/specific plan communities and large-scale, mixed -use developments, creating a synergy between residential product lines and commercial industrial elements. Representative projects include: J Rancho Cielo Vista, a master -planned community with a golf course developed by Shell Oil in Yorba Linda, California J Foothill Ranch, developed by Hon Development is a master -planned community with a 300-acre business park in Lake Forest, California .) Summerlin, a 559-acre master -planned community developed by Sumitomo in Las Vegas, Nevada. John has been an expert witness on several cases involving residential and commercial developments. John is on the Board of the Commercial Industrial Development Association of Orange County (CIDA), and an active member of the Building Industry Association of Orange County (BIA-OC), the National Association of Industrial Office Parks (NAIOP), and the Urban Land Institute (ULI). He is a frequent speaker at industry events as well as at UCI, UCLA and other academic organizations. CITY OF SAN JACINTO George Kaenel August 23, 1999 David Dickey Senior Economist Dave Dickey is Market Profiles' Senior Economist in charge of all economic forecasting, and market demand analyses. He also acts as project manager for selected site -specific market analyses. Since joining the firm in 1978, Dave has formulated regional economic forecasts in the following Southern California areas: ..' Ventura County - Riverside County • San Diego County - San Bemardino County • Orange County .- Bakersfield In addition, he has formulated regional forecasts for Portland, Oregon; Denver, Colorado; Austin, Texas; Houston, Texas; Seattle, Washington, Phoenix, Arizona; and Tucson, Arizona. Mr. Dickey's experience includes financial pro forma and land residual analyses of residential and commercial developments. He has developed absorption forecasts and specific development recommendations for over 600 projects, including: .� Master -planned communities -) Single-family detached/attached .' Retail J Mixed -use projects • Industrial J Office Mr. Dickey is a graduate of Califomia State University, Long Beach with a Master of Arts degree in Economics. CITY OF SAN JACINTO George Kaenel August 23, 1999 Robert Reicher Vice President Mr. Reicher has been active in the real estate development industry since 1970. Prior to joining Market Profiles, he has held positions as Manager -in -Charge of real estate consulting for Deloitte 8 Touche, as well as Principal with Economics R..earch Associates, Director of Operations for The Goodkin Group and Director of Research for a major multi -market developer/builder. Mr. Reicher has been involved in the planning, processing, development, building and marketing of major residential, resort and commercial/mixed use developments, ranging form free- standing residential income properties to large-scale, multi -use resorts and planned communities across the U.S., as well as in Canada, Japan and other Pacific Rim countries. Among Mr. Reicher's areas of experience and expertise are the following: • Market and financial feasibility studies of residential, retailcommercial, office, industrial, resort/hotel, and mixed use projects. • Creation of development, advertising and marketing plans for planned community and resort projects at various stages of project life cycle • Consumer and trade focus group studies and surveys • Acquisition and disposition analysis for major commercial and industrial property transactions and 1031 exchanges • Preparation of project pro foimas and other due diligence materials for debt and equity offerings or transaction decision -making • Creation of marketing plans for workout of troubled projects • Strategic business plans for start-up entities and ongoing operations or restructuring of existing companies • Structuring and negotiation of major property purchase and financing packages • Expert witness and consulting for complex commercial litigation involving office, hotel, resort, and retail properties • Valuation of undeveloped land and developed commercial properties • Fiscal impact and economic impact analysis of proposed developments • Public/private development programs for local govemments Mr. Reicher holds a BS degree from University of Califomia Los Angeles and MBA in Marketing from University of Southern California. His expertise in residential and commercial real estate has been utilized in an expert witness capacity before various boards, commissions and courts. He also is a licensed Real Estate Broker in the State of Califomia. CITY OF SAN JACINTO George Kaenel August 23, 1999 SECTION VI FEE AND DATA SCHEDULE FEE SCHEDULE Cl Market Feasibility and Absorption Analysis Our fee to complete the scope of services as outlined above will be $8,000 including expenses and two meetings with City staff. Four copies of the report are included in the fee. Additional copies, or project review time beyond the scope of services outlined above, if desired, will be billed separately on a Time and Materials basis. The hourly rates for the above scope of services are: Project Director $125 Senior Project Manager $90 Economist $85 Senior Development Advisor $75 Senior Market Consultant $65 Analyst $50 Production $45 Market Profiles estimates the data development and analysis time necessary to complete this assignment will require approximately 45 days, given current staff commitments. A verbal presentation of our conclusions and recommendations will be made within 30 days of your acceptance of this proposal and receipt of the required retainer. CITY OF SAN JACINTO George Kaenel August 23, 1999 AGREEMENT GENERAL CONDITIONS Should you desire Market Profiles to cease work prior to completion of the report, our fee will be determined on a time and materials basis for the work completed at the time of cancellation. In the event payment is not made within 30 days of the invoice date, the amount outstanding will be charged a delinquency fee of 1.5 percent per month. If any law or action of inequity is brought to enforce or interrupt the provisions of this agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which the prevailing party may be entitled. This agreement shall be deemed to have been entered into in the County of Orange, State of Califomia, and all questions concerning the validity, interpretation, or performance of any of its terms or provisions, or of any rights or obligations of the parties hereto shall be govemed by and resolved in accordance with the laws of the State of Califomia. APPROVED AND ACCEPTED: CITY OF SAN JACINTO By: Date: EMPIRE ECONOMICS, LLC Economic -Real Estate Consultants Joseph Thomas Janczyk, Ph.D. 35505 Camino Capistrano, Suite 200 Capistrano Beach, CA 92624 Phone: (949) 661-7012 Fax: (949) 661-8763 August 18, 1999 Mr. George Kaenel Finance Director City of San Jacinto 201 E. Main Street San Jacinto, CA 92583 Re: Market Absorption Study: City of San Jacinto Community Facilities District No.2 Dear Mr. Kaenel: Empire Economics is pleased to provide you with a "scope of services" for the Market Absorption Study for the City of San Jacinto's Community Facilities District No.2, hereafter referred to as CFD No.2. Components of the Market Absorption Study To facilitate your review of Empire Economics' Market Absorption Study, it has been partitioned into the following components: 1. Credentials/Qualifications and Bond Financing Experience 2.Approach to Performing the Market Absorption Study 3. Scope of the Consulting Services to be Performed 4. Presentation/Dissemination of Absorption Schedules 5. Time Schedule for Conducting the Market Absorption Study 6. Factors Underlying the Estimation of the Consulting Fee 1. Credentials/Qualifications and Bond Financing Experience Empire Economics is an economic and real estate consulting firm that specializes in conducting market absorption studies on behalf of public entities for residential, commercial, and industrial projects located throughout California, with an emphasis on Master Planned Communities and Business Parks in Southern California, including Riverside County. Empire Economics conducts market absorption studies only for public entities, in order to avoid potential "conflicts of interests" that may occur if consulting services were also provided to developers/builders; this enhances the credibility of the study in the municipal marketplace. Empire Economics' experience with municipal tax-exempt issues during the past fifteen years has been as follows: * Mortgage Revenue Bond Financings: Over fifty issues with bonds amounting to over $1,700,000,000. * Mello-Roos/Assessment District Financings in which bonds have been sold: Over one -hundred issues with bonds of approximately $2,000,000,000. + Mello-Roos/Assessment District Financings that are presently in their formative stages: over twenty issues that have forthcoming bonds amounting to $500,000,000. * Socioeconomic Forecast/Market Study for the refunding of the San Joaquin Hills Transportation Corridor (SJHTC), a seventeen mile toll road located in south -coastal Orange County. During the process of securing a rating for the Bonds, Empire Economics had meetings with the three rating agencies (all of whom subsequently provided investment grade ratings) and also the Bond Insurer, MBIA (which insured over 50% of the Bonds.) Additionally, on an investor tour in California, New York, Boston, and Chicago, Empire Economics made more that ten presentations to over thirty major municipal Bond Funds. The SJHTC Bonds, amounting to $1.5 billion were successfully refunded in September 1997: for thirty year bonds, an insured yield of 5.5% and an uninsured yield of 5.7%. Consequently, Empire Economics has a considerable amount of experience with the special characteristics of the Market Absorption Study that are required for Community Facilities District Bond Financings as well as the particular types of information that the other consultants utilize from the Study, such as the Appraiser and Special Tax Analyst. Additionally, Empire Economics is familiar with the types of information that are required for use in the Official Statement. 2 With respect to the County of Riverside, in particular, Empire Economics has conducted numerous Market Studies for Mello -Roos and Assessment Districts located throughout Riverside County, including the cities of Temecula, Murrieta, Lake Elsinore, and Corona as well as the other cities/communities in the County of Riverside, in general. Consequently, the Bond Funds are familiar with Empire Economics, in general, and also the Market Studies that it has conducted for Planned Communities and Business Parks in the County of Riverside, in particular. 2. Approach to Performing the Market Absorption Study Empire Economics Market Absorption Studies are conducted by Joseph T. Janczyk with assistance from his staff. The principal consultant for the Market Absorption Study is Dr. Joseph Thomas Janczyk. He will design the economic real estate model for CFD No.2 and present the conclusions to the City of San Jacinto. Additionally, he will be assisted by his staff, which will be responsible for the compilation of the economic and real estate data required for the research and also conduct market field surveys. Copies of the Market Absorption Study will be provided to the appropriate parties and discussed with them; additionally, a "Summary and Conclusions" of the Study will be provided for the Official Statement. 3. Scope of the Consulting Services to be Performed The purpose of this section is to provide an overview of the consulting services that will be conducted for the Market Absorption Study for CFD No.2. Accordingly, to perform a comprehensive analysis of the macroeconomic and microeconomic factors that influence the absorption of the forthcoming residential projects in CFD No.2, Empire Economics' Market Absorption Study conducts a systematic analysis of the following: Identification of the Proposed Product Mix: * The moat probable product mix, along with prices and sizes of living area, for the 1,000 future residential units in CFD No.2 will be identified, based upon the planning approvals (lot size configurations) for the properties as well as the current/expected real estate conditions in the Market Area. Furthermore, the expected product mix will be 3 compared to the product mix proposed by the developer (based on marketing plan by the Meyers Group). Then, the similarities/differences will be identified, so that the City of San Jacinto can evaluate the developer's restructuring proposal. Macroeconomics Components * The Market Region's, future employment growth is forecasted for the 1999-2005 time period. This involves an economic base analysis of the recent employment growth, as a whole, as well as the composition of this growth by various economic sectors, in particular, along with the expected employment trends and patterns during this time period. Based upon Empire Economics' experience in conducting 150+ Market Studies, these macroeconomic factors are regarded as being the most significant determinants of the actual performance of Planned Communities and Business Parks in the marketplace, and, as such, they represent a critical component of the Market Absorption Study. * Empire Economics then uses the Market Region's employment forecasts to derive estimates of the Riverside County's future population growth and housing demand during the 1999-2005 time period. * Next the proportion of Riverside County's future employment, residential, and commercial -industrial growth that is expected to be captured by the Market Area for CFD No.2 is estimated. Based upon recent research that Empire Economics has conducted for other Planned Communities in Riverside County; the Market Area for CFD No.2 encompasses those cities that are located in the central portion of Riverside County, including San Jacinto and Hemet as well as their surrounding communities. Microeconomics Components * The microeconomic analysis focuses upon the competitiveness of the forthcoming projects/properties in the District as compared to the competing residential projects within the Market Area, the central portion of Riverside County. The analysis deals with various regional factors as well as the specific features/attributes of the District's forthcoming projects. * The competitiveness of CFD No.2's housing products is evaluated based upon a systematic analysis of the expected characteristics of the forthcoming projects in the District 4 with the comparable/competing projects. Specifically, this involves a consideration of their respective locations, prices, lot sizes, living areas, Special Taxes, amenities, and other factors. Absorption Schedules * The market absorption schedules for the forthcoming residential units in CFD No.2 are presented in the following manner: ♦ Aggregate Absorption Schedule: This market demand and supply conditions residential product types in CFD whole. analyzes the for all of the No.2, as a ♦ Specific Absorption Schedules - Each Product Type: This involves a disaggregation of the aggregate absorption for the residential units to each of the specific product types, sizes of living area. This process is necessary to provide the relevant absorption information to the Special Tax Analyst and the Appraiser. Therefore, the Market Absorption Study systematically proceeds from the macroeconomic analysis of CFD No.2 Market Region's future employment, population, and housing growth to the microeconomic analysis of the competitive product mix of its projects and the absorption schedules for the residential products. 4. Presentation/Dissemination of Absorption Schedules Based upon Empire Economics' previous experience in conducting Market Absorption Studies for Mello -Roos Districts, Empire Economics will provide the key results in a convenient form for the other professionals. * Appraiser: Empire Economics will provide the Appraiser with absorption schedules for each of the product types, with respect to the number of units absorbed each year, from market -entry to build -out. * Special Tax Analyst: Empire Economics will also provide the Special Tax Analyst with the estimated absorption schedules by product type, so that the amount of Special Taxes that are expected to be paid by the developer/builders (as compared to the final-users/homeowners) can be calculated. 5 * Financial Advisor/Underwriter: Empire Economics will provide copies of the Market Absorption Study for the finance team in the Bond Issue and furnish a "Summary and Conclusions" of the Market Absorption Study for use in the Official Statement. 5. Time Schedule for Conducting the Market Absorption Study Since Empire Economics has a background in performing Market Absorption Studies for Community Facilities Districts, the proposed time schedule allows for an interaction with the financing team, so that the final study is utilized in a timely and effective manner. Preliminary Product Mix/Absorption Schedules . three/four weeks Final Market Absorption Study five weeks Therefore, Empire Economics will deliver the Absorption Schedules in three/four weeks after the commencement of the study, and the comprehensive Market Absorption Study within five weeks. 6. Factors Underlying the Estimation of the Consulting Fee Empire Economics' fee schedule is based upon the costs of providing consulting services for a Market Absorption Study that is appropriate for a Bond Financing. Specifically, the comprehensiveness and scope of these consulting services are obtained from discussions with prospective bond purchasers, the Bond Funds, in terms of the analysis that they regard as being appropriate. Empire Economics maintains contact with the Bond Funds through seminars, meetings, and telephone conversations. With respect to the scope of the consulting services, these need to be comprehensive enough so that they clearly demonstrate to prospective bond purchasers the marketing prospects for the forthcoming residential products in CFD No.2; the scope of consulting services defined herein will clearly address all of these factors. Accordingly, the financial consideration for conducting the Market Absorption Study for CFD No.2 is $14,000, and this will be invoiced as a retainer of $8,500 and a final payment of $5,500 upon completion of the Study. The fee includes providing the key results to the Appraiser, Special Tax Analyst and providing a "Summary and Conclusions" for the Official Statement, and answering questions that the bond purchasers may have. 6 Closing Comments The Market Absorption Study will provide the City of San Jacinto with a means of establishing a Framework for the evaluation of the restructuring of the Bond Issue for CFD No.2, especially with respect to the amount of Special Taxes, along with the payment of these Special Taxes by Homeowners vs. the Builders/Developer. If you have any additional comments or considerations, contact me as I would be pleased to respond to them. I am looking forward to assisting you with CFD No.2. Sinc; ely, Joh Thomas Janczyk, Ph.D. Economic Consultant Enclosures cc: Ms. Suzanne Q. Harrell 7 RESUME Joseph Thomas Janczyk, Ph.D. President, Empire Economics, LLC For the past twenty years, Dr. Joseph T. Janczyk, president of Empire Economics, LLC, has prepared market absorption studies for more than two hundred Planned Communities and Business Parks, providing the comfort level required for numerous California counties, cities, school districts, water districts and other special districts to finance over five billion dollars worth of capital improvement projects. One of Dr. Janczyk's most notable market absorption studies was for the San Joaquin Hills Transportation Corridor, a seventeen -mile toll road located in south coastal Orange County. His specialized knowledge and active participation as a member of the finance team during the rating agencies and bond insurance meetings as well as presentations to over thirty municipal bond funds was key in the issuance of $1.5 billion in refunded revenue bonds, including a AAA rating for the insured bonds. Dr. Janczyk focuses on assuring his public agency clients that the proposed developments are both efficient (that there is a real demand for the forthcoming residential, industrial and commercial office products) and equitable (that the public entity's reputation is protected in the marketplace by reducing the potential for foreclosures or defaults). He has an outstanding reputation for providing sound economic advice to the public sector, and minimizes the possibility for conflicts of interest by not providing services to the private sector, such as developers/builders. His affiliations include the National Association of Business Economists, the Appraisal Institute, and the California Association of Realtors, amongst others. He has been a featured speaker at numerous seminars including the Municipal Bond Analysts, California Debt Advisory Commission, and California Association of Realtors, and Moody's Investor Services amongst others. Dr. Janczyk received his Bachelor of Arts degree in Economics and Psychology from the State University of New York, and his Masters and Doctorate in Economics from the University of California. As a tenured Economics Professor at California State University, he taught courses in microeconomics, macroeconomics, regional economics, and computer modeling. To complement his background in economics, he has become a licensed California real-estate broker and an MAI Candidate, having completed his course -work as well as a substantial amount of the required appraisal experience credits. EMPIRE ECONOMICS' SOCIOECONOMIC STUDY UTILIZED IN THE LARGEST MUNICIPAL FINANCING IN THE UNITED STATES DURING THE PAST TWELVE MONTHS ORANGE COUNTY TOLL ROADS $1. 6 BILLION gmpire Economics' Approach to Market Studies Affirmed by Marketplace Empire Economics' (EE) methodology underlying the Socioeconomic Forecast Study for the Foothill/Eastem Transportation Corridor (F/ETC) was based upon the same approach that EE has utilized in more than 200 Market Studies for various Mello Roos/Assessment Districts and other financings on behalf of public agencies. The approach that EE utilizes in providing realistic forecasts along with built-in safeguards for potential risk factors has been accepted in the municipal marketplace. The high degree of credibility benefits Issuers by reducing the risk of a default•, additionally, it also generates a strong demand for the Bonds, and hence lower interest rates. Socioeconomic Forecast Study Utilized to Structure the Bond Issue Empire Economics (EE) provided a long-term socioeconomic forecast of employment and housing for the F/ETC Market Region, Orange, Riverside and San Bernardino counties, and each of their 780 Census Tracts, utilizing a realistic economic and real estate development scenario. Furthermore, EE incorporated various safeguards into the forecast, including the El Toro Reuse Plan as well as the development future potential acreage in southern Orange County. EE's forecasts were utilized by Wilbur Smith Associates (WSA), the traffic engineer, to project toll revenues, and then, these were utilized to structure the annual debt service payments, which start at $25 million per year and eventually reach $350 million per year. Investor Road Show Features Innovative Presentation Techniques ➢ Twelve presentations to over forty Bond Fund representatives in New York, Boston, Philadelphia and Chicago. ➢ Effective communication of the socioeconomic analysis utilizing colorful graphics, maps and aerials, as shown on the opposite page. ➢ Presentation via the Internet was accessed by prospective bond purchasers that were not able to attend the meetings. Overwhelming Market Response to Bond Offering ➢ Three rating agencies provided investment grade ratings to the bonds. ➢ Bond insurance was offered by MBIA. ➢ The F/ETC Bond Issue of $1.6 billion was initially offered in the marketplace with yields that were regarded as being "aggressive". ➢ Initial orders by more than 80 bond funds generated a demand for some $10+ billion. EE prepared two maps which effectively represent how the F/ETC connects the current/future employment and residential centers; these were printed in color in the Official Statement, and are reproduced on the other side. EMPIRE ECONOMICS, LLC Joseph Thomas Janczyk, PhD. Economic -Real Estate Consultants 35505 Camino Capistrano, Suite 200 Pion: (949) 661-7012 FAX: (949) 661-8763 Capistrano Beach, CA 92624 E-Mail: joejanczyk@ansn.com ERA Economics Research Associates August 20, 1999 Mr. George Kaenel Finance Director City of San Jacinto 201 E. Main Street San Jacinto, Califomia 92583 ERA Proposal No. 37610 Dear Mr. Kaenel: Economics Research Associates (ERA) is pleased to submit this proposal for residential market research and consulting services relative to the City of San Jacinto Community Facilities District #2. It is our understanding that the bondholder/developer intends to acquire a substantial portion of the property within the District through a foreclosure action, and develop single-family residential. While the bondholder/developer has commissioned a feasibility study and marketing plan, the City requires that an independent study be prepared as a basis for unit mix, unit size, absorption, and pricing projections. The District currently contains 560 homes, plus 250 acres of vacant land that could be developed with up to 1,000 additional units. SCOPE OF WORK The scope of work would include, although not necessarily be limited to, the following tasks: 1. Meet with the City/Rod Gunn Associates staff to review the objectives, work scope, and background of the project. 2. Inspect the subject property, both existing product and vacant land. 3. Review the project history including absorption rates, pricing, product mix, and other features. Also review the bondholders/ developers' plans for the undeveloped property. 4. Analyze historical, current, and projected market area demographics. 10990 Wilshire Boulevard Suite 1500 Los Angeles, CA 90024 310.477.9585 FAX 310.478.1950 www.econres.com EPA is ettlliated with Drivers Jones Los Angeles San Francisco San Diego Chicago Washington DC London ERA City of San Jacinto ERA Proposal No. 37610 August 20, 1999 Page 2 5. Analyze housing demand and supply characteristics including sales activity, building permits, planned and proposed residential activity, and the like. 6. Survey actively marketed residential projects in the market area. Document product characteristics (mix, size, pricing), absorption, and other project features. 7. Evaluate other market dynamics including, but not limited to, new employees, opening of the Reservoir, and other events that may influence residential potentials. 8. For the subject property, project: • Product type and mix • Unit size • Product pricing • Lot value structure • Annual absorption • Other characteristics At the conclusion of this work effort, a full report documenting the research, analysis, and findings will be prepared. OUALIFICATIONS ERA is an independent land use economic research and consulting firm headquartered in Los Angeles. The firm has offices in Los Angeles, San Francisco, San Diego, Washington DC, Chicago, and London. The majority of our real estate residential consulting is performed in our California offices. The firm was established in 1958 and has about 75 professional staff with an average tenure of more than 10 years. Our corporate brochure and other information is attached. Relevant experience over the past several years within the Inland Empire/southwest Riverside County area includes: ERA City of San Jacinto ERA Proposal No. 37610 August 20, 1999 Page 4 Professional Time $13,200.00 Publications 320.00 Out of Pocket Expenses 200.00 Total $13,720.00 AUTHORIZATION Authorization to proceed may be indicated by returning a signed copy of this letter proposal to ERA. We appreciate your interest in ERA and look forward to working with you on this most interesting assignment. Resppctfully submitted, / Gene P. Krekorian Senior Vice President GPK/skc Attachments cc: Ms. Suzanne Harrell ACCEPTED: DATE: ACCEPTED: DATE: ECONOMICS RESEARCH ASSOCIATES AUSTIN G. ANDERSON, President Personal Qualifications in Real Estate and Land Use Economics Economics Research Associates is the world's largest independent firm specializing in land use economics consulting. Headquartered in Los Angeles, with offices in San Francisco, Chicago, Washington DC, San Diego and London, the firm was founded in 1958, and Mr. Anderson has been President since 1988. Mr. Anderson's personal consulting background includes a broad range of assignments in land use economics, development, and related disciplines. He was recently involved in formulating a business strategy and valuation for several large-scale multi -use land development projects. Mr. Anderson has conducted market analyses, marketing plans, valuations, industrial development studies, site location studies, and business strategy formulation studies for all major commercial, residential, industrial, and recreational land uses, for both private and public sector clients, with particular focus on multi -use planned communities. He has been personally involved in projects in 25 states and over 12 countries. Clients served include such major firms as Ahmanson Development/Home Savings of America, AVCO, Aerojet, Chevron Land, The Irvine Company, Ford Motor Land Development, Howard Hughes Development, Kajima, Lowe Associates, Mission Viejo Company, Olympia & York, J.M. Peters, Prudential, Rancho Santa Margarita, Tejon Ranch Company, Bank of America, Pacific Telesis, Victor Palmieri and Company, Walt Disney Productions, Starwood Capital, Warner Bros., and Watt Industries; as well as many major cities, redevelopment agencies, state agencies, architectural firms, landowners, law firms, and leading smaller developers. Mr. Anderson's public sector experience includes local and regional economic impact studies; new county government formation strategies for Peninsula, Canyon, and Fresno counties; and numerous general plan economics and transportation economics assignments. He prepared a detailed market and financial plan for the reuse of Lowry Air Force Base in Denver, and was a long-term consultant to major redevelopment projects in Pasadena, Los Angeles, and other cities. Mr. Anderson was closely involved in the original design and continuing development of ERA's methodologies and computer models for financial analysis and valuation of major income properties and new community development, and has developed programs for municipal cost/revenue analysis. Mr. Anderson's prior experience includes four years as principal and co-founder of the real estate consulting firm of Levander, Partridge & Anderson, Inc., and he has developed condominiums and single-family homes. He was the Director of research and financial analysis for Property Research Corporation. He was also involved in facilities management and systems analysis for California Institute of Technology's Jet Propulsion Laboratory. Mr. Anderson received his B.S. degree from Stanford University and an M.B.A. degree from the Stanford Graduate School of Business. He has been an instructor in real estate economics at UCLA's Graduate School of Management, a member of the Board of Councilors of the USC School of Urban and Regional Planning, a trustee of the Real Estate Investment Trust of California, and a member of the Urban Land Institute. ECONOMICS RESEARCH ASSOCIATES GENE P. KREKORIAN, Senior Vice President Qualifications in Real Estate Economics Mr. Krekorian has conducted a broad range of research and consulting assignments in real estate economics during his 25-year tenure with Economics Research Associates. He has specialized in analyzing acquisition/disposition opportunities and development feasibility. Increasingly, he serves as a consultant in providing economic and financial input in public -private development and developer negotiations. Mr. Krekorian has conducted a variety of assignments for public agencies regarding developer negotiations relative to ground lease or public -private development agreements. Representative projects include the Koll Company office complex in downtown San Jose; a specialty shopping center in West Covina; a restaurant/banquet complex in Montebello; public golf facilities in Escondido, Costa Mesa, and Oxnard; and an open space acquisition in San Luis Obispo. For the City of Long Beach Redevelopment Agency/Economic Development Department, Mr. Krekorian has conducted several assignments including the economic evaluation and ground lease potential for the Queensway Bay project which would involve redevelopment of the city's downtown waterfront. For the Los Angeles Community Redevelopment Agency (LACRA), he has conducted a number of assignments involving Los Angeles' downtown redevelopment. These include an evaluation of developer subsidies for the proposed convention center hotel, the impact of proposed LACRA benefit policies on downtown redevelopment activity, and analysis of a LACRA site at Fifth and Hill Streets for private mixed -use development. For many of the most successful large-scale, multiuse developments in Southern California, Mr. Krekorian had a major role in analyzing development potentials, evaluating alternative business strategies, or providing master plan input. During the last several years he has been involved with The Irvine Ranch, Rancho Bernardo, Rancho Penasquitos, Laguna Niguel, Rancho California, Cote de Caza, Playa Vista, Santa Fe Valley, La Costa, Aptos Seascape, and Rancho Murrieta, among others. Mr. Krekorian has also conducted a large number of consulting assignments relating to the development feasibility of single -use and mixed -use residential, commercial, industrial and recreational land uses. His experience in market research and financial analysis relates to the development of planned residential communities, office parks, regional and neighborhood shopping centers, hotels, recreation land projects, and golf resorts. As demonstrated by the above sampling of completed assignments, Mr. Krekorian is a skilled real estate economic analyst. Some of the major public clients he has served as consultant for include the City of Los Angeles Community Redevelopment Agency; City of Long Beach Redevelopment Agency/Economic Development Department; Cities of Montebello, Ventura, Oxnard, San Luis Obispo, El Segundo, and Rancho Palos Verdes; State of California Housing Finance Agency; and the San Diego Unified Port District. Mr. Krekorian received B.A. degrees in Mathematics and Economics from Pomona College, and an M.S. degree in Business Economics from the University of California at Los Angeles. Mr. Krekorian is a Certified General Real Estate Appraiser as licensed by the State of California. ECONOMICS RESEARCH ASSOCIATES ANNE W. WURTS, Associate Based in ERA's Los Angeles office, Ms. Wurts has participated in a broad range of entertainment, recreation and real estate -related projects. In the field of feasibility studies conceming recreational developments, Ms. Wurts has completed studies on recreational facilities for private developers in California. Earlier this year, Ms. Wurts conducted a feasibility study in Santa Maria, Califomia. The study involved analyzing the respective competition in the region, estimating the prospective demand for the facility, and generating financial projections over a five-year period. The project involved an extensive operational costs and revenue forecast utilizing different scenarios. Ms. Wurts has also participated in a viability and market research study for a Canadian developer for a proposed six -ice rink facility in Southern California. The study involved an analysis of ice hockey and figure skating trends in the region, projections of estimated demand, an analysis of existing facilities and case studies of other successful ice rinks throughout the U.S. In addition to her work on recreational facilities, Ms. Wurts has participated in a variety of real estate -related projects. She formed part of a research team for a proposed $1 billion hotel/casino project in Las Vegas, analyzing the local supply, demand and trends regarding the development of a retail shopping center within the facility. Also, in the City of West Hollywood she performed a market study of available rents and projected future cash flows for a commercial real estate venture. Other projects include a market feasibility analysis for a proposed $250 million high-rise condominium project along the Wilshire Corridor in West Los Angeles. Ms. Wurts has also completed numerous feasibility studies concerning the development of film studio soundstages. Her experience includes projects in Canada, Massachusetts, Califomia and Arizona. These studies involved research contact with state and local film commissions, film production facilities, as well as the investigation of both global and domestic production trends. Additionally, last Spring she oversaw a feasibility study for a proposed national arthouse cinema development in Palm Desert, Califomia. Prior to joining ERA, Ms. Wurts worked for three years in the legal department of Warner Bros. International Theatres, a division involved in building state-of-the-art multiplexes in foreign territories, where she analyzed proposed theater sites, as well as tracking costs involved. During her three years at Warner Bros., Ms. Wurts gained a broad understanding of both domestic and international trends associated with multiplex development. Prior to her work with Wamer Bros., Ms. Wurts worked for over four years in the International Division of Jon Douglas Company, an L.A.-based real estate firm, where she assisted the Executive Director of the division in marketing of residential and commercial properties to foreign investors. Ms. Wurts holds a Masters degree in International Management from the American Graduate School (Thunderbird) in Phoenix, Arizona. She also holds a Bachelor's degree from Pomona College. ERA City of San Jacinto ERA Proposal No. 37610 August 20, 1999 Page 4 Professional Time $13,200.00 Publications 320.00 Out of Pocket Expenses 200.00 Total $13,720.00 AUTHORIZATION Authorization to this letter proposal to ERA. to working with you on this GPK/skc Attachments cc: Ms. Suzanne Harrell ACCEPTED: proceed may be indicated by returning a signed copy of We appreciate your interest in ERA and look forward most interesting assignment. Respectfully submitted, Gene P. Krekorian Senior Vice President ACCEPTED: DATE: DATE: ERA Economics Research Associates Mr. George Kaenel Finance Director City of San Jacinto 201 E. Main Street San Jacinto, California 92583 August 20, 1999 ERA Proposal No. 37610 Dear Mr. Kaenel: Economics Research Associates (ERA) is pleased to submit this proposal for residential market research and consulting services relative to the City of San Jacinto Community Facilities District #2. It is our understanding that the bondholder/developer intends to acquire a substantial portion of the property within the District through a foreclosure action, and develop single-family residential. While the bondholder/developer has commissioned a feasibility study and marketing plan, the City requires that an independent study be prepared as a basis for unit mix, unit size, absorption, and pricing projections. The District currently contains 560 homes, plus 250 acres of vacant land that could be developed with up to 1,000 additional units. SCOPE OF WORK The scope of work would include, although not necessarily be limited to, the following tasks: 1. Meet with the City/Rod Gunn Associates staff to review the objectives, work scope, and background of the project. 2. Inspect the subject property, both existing product and vacant land. 3. Review the project history including absorption rates, pricing, product mix, and other features. Also review the bondholders/ developers' plans for the undeveloped property. 4. Analyze historical, current, and projected market area demographics. 10990 Wilshire Boulevard Suite 1500 Los Angeles. CA 90024 310.477.9585 FAX 310.478.1950 www.econres.com ERA is affiliated with Drivers lanes Los Angeles San Francisco San Diego Chicago Washington DC London ERA City of San Jacinto ERA Proposal No. 37610 August 20, 1999 Page 2 5. Analyze housing demand and supply characteristics including sales activity, building permits, planned and proposed residential activity, and the like. 6. Survey actively marketed residential projects in the market area. Document product characteristics (mix, size, pricing), absorption, and other project features. 7. Evaluate other market dynamics including, but not limited to, new employees, opening of the Reservoir, and other events that may influence residential potentials. 8. For the subject property, project: • Product type and mix • Unit size • Product pricing • Lot value structure • Annual absorption • Other characteristics At the conclusion of this work effort, a full report documenting the research, analysis, and findings will be prepared. OUALIFICATIONS ERA is an independent land use economic research and consulting firm headquartered in Los Angeles. The firm has offices in Los Angeles, San Francisco, San Diego, Washington DC, Chicago, and London. The majority of our real estate residential consulting is performed in our California offices. The firm was established in 1958 and has about 75 professional staff with an average tenure of more than 10 years. Our corporate brochure and other information is attached. Relevant experience over the past several years within the Inland Empire/southwest Riverside County area includes: 16 December 1999 To: The Honorable Mayor and Members of the City Council From: Beti An Hynes, City Clerk Subject: Resoluton Number 99-56 - Rules of Procedure RECOMMENDATION: Move to adopt Resolution Number 99-56. BACKGROUND: The City Council considered amendments at their meetings of December 2nd and November 18`h. Pursuant to your discussions this resolution reflects the address of the school boardroom as your official meeting place. As a result of discussions between the City Manager and myself we are presenting the order of business as shown on page 4 of the resolution for your consideration and our recommendation for adoption. Additionally, page 19 item 10.01 has been altered to make the study session an option, not a regular meeting date. FISCAL IMPACT None ATTACHMENTS Resolution Number 99-56 RESOLUTION NO. 99-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, PROVIDING RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES AND RESCINDING RESOLUTION NUMBER 99-54 The purpose and intent of the City Council in amending and adopting these rules is to provide directory guidelines relating to the conduct of public business by or on behalf of the City Council. In the event of any non-compliance with or violation of any provision herein, such will not be deemed to affect the validity of any action taken, unless otherwise specifically provided by law, and to comply with the Brown Act. All references to gender include the masculine, feminine and neuter. The City Council of the City of San Jacinto, does hereby resolve and adopt the following Rules of Procedure: 1. MEETINGS 1.1 REGULAR MEETINGS Commencing with the effective date of this resolution, December 16, 1999 the City Council of the City of San Jacinto shall hold regular meetings in the San Jacinto Unified School Board Room, at 2045 South San Jacinto, California, on the first and third Thursday of each month, beginning at 7:00 P.M. Closed session meetings are to be held before regulaf-rneetings, beginning at 6:00 P.M. If the day for the regular meeting of the Council falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the next succeeding business day thereafter that is not a holiday. 1.2 ADJOURNED MEETINGS Any meeting may be adjourned to a time, place, and date certain, but not beyond the next regular meeting. Once adjourned the meeting may not be reconvened. 1.3 SPECIAL MEETINGS Special Meetings may be called by the Mayor or majority of Councilmembers on 24-hour notice, as set forth in Section 54956 of the Government Code of the State of California. Only matters contained in the notice may be considered and no ordinances (other than urgency ordinances) may be adopted. 1 1.4 STUDY SESSIONS Members of the City Council may meet in a regular Study Session in the San Jacinto Unified School Board Room at 2045 South San Jacinto, San Jacinto, on the fourth Thursday of each month, at 6:00 P.M., and such other times as deemed necessary. (See Section 10.1). 1.5 NOTICE OF MEETINGS Notice of regular meetings or regular study sessions is not required. Mailed or personally delivered notice is required of special meetings, unless otherwise waived. Posted notice is required of meetings adjourned by the City Clerk. Posted notice is required of all other adjourned meetings and continued public hearings (Section 54955 of the Government Code). 1.6 QUORUM Unless otherwise provided for by Resolution, a majority of the Council shall be sufficient to do business and motions may be passed 2-1 if only three Councilmembers attend. The following matters, however, require three affirmative votes: a) adoption of ordinance, b) resolutions granting franchises, and c) order for payment of money. 1.6.1 LEGALLY REQUIRED PARTICIPATION If a majority of the Council shall be disqualified to vote on a matter by reason of actual or apparent conflict of interest, the Council shall select by lot or other means of random selection, or by such impartial and equitable means as established by law, that number of its disqualified members which, when added to the members eligible to vote, shall constitute a quorum. 1.7 MEETINGS TO BE PUBLIC Study Sessions and all regular, adjourned or special meetings of the City Council shall be open to the public, provided, however, the Council may hold closed sessions from which the public may be excluded for the consideration of the following subjects: 1.7.1 LICENSE/PERMIT DETERMINATIONS To consider granting a license or permit pursuant to Government Code Section 54956.7. Action of the legislative body shall be given in open session during the meeting at which the closed session occurred or the next public meeting. All matters relating to the closed session shall be confidential except by consent of the applicant or in an action by the applicant to appeal the denial. 2 1.7.2 REAL PROPERTY TRANSACTIONS To consider negotiations prior to the purchase, sale, exchange or lease of real property and meet with a negotiator. Prior to such sessions the agenda must identify the real property in question and with whom the negotiator may be negotiating, pursuant to Government Code Section 54954.5 and 54956.8. 1.7.3 LITIGATION MATTERS To confer with legal counsel regarding pending litigation pursuant to Government Code Section 54956.9 when discussion in open session would prejudice the City's position in the litigation. Litigation is considered pending when: (a) a formal action has been initiated; (b) there is a significant exposure to litigation; or (c) the City is deciding whether to initiate litigation. For closed sessions held to consider litigation that has been formally initiated, the City must publicly identify or state on the agenda the name of the case, unless to do so would jeopardize service process or existing settlement negotiations. For closed sessions held to consider a significant exposure to litigation or whether to initiate litigation, the agenda must specify the number of potential cases. 1.7.4 PUBLIC SERVICE/EMPLOYMENT/LABOR NEGOTIATIONS Pursuant to Government Code Section 54954.5 and 54957 to consider matters posing a threat to public services or facilities, or the appointment, employment, evaluation of performance or dismissal of a public employee or to hear complaints or charges brought against such person or employee by another person or employee unless such employee requests a public session. The Council may exclude from any scheduled session during the examination of a witness any or all other witnesses in the matter being investigated, and to instruct representatives conceming discussions with employee organizations and unrepresented employees regarding salaries and fringe benefits. 1.7.5 MULTI -JURISDICTIONAL DRUG LAW ENFORCEMENT AGENCY Council may hold closed sessions pursuant to Government Code Section 54957.8 if applicable and necessary. 1.7.6 CLOSED SESSION MINUTES Pursuant to Section 54957.2 of the California Government Code, the City Clerk may be required to attend a closed session of the City Council and keep and enter in a minute book a record of topics discussed and decisions made at each meeting. The confidentiality of such minutes shall be maintained pursuant to said section of the Government Code Section 54957.2. 2. ORDER OF BUSINESS 2.1 AGENDA Any Councilmember may request that a matter be placed on the agenda. Except in urgent situations, Councilmembers should submit such request seven (7) working days before a meeting, along with any available supporting information. No Councilmember, however, shall remove any item from the agenda, except an item they requested to be placed on said agenda. The order of business of each meeting shall be as contained in the agenda prepared by the City Clerk. The agenda shall be a listing by topics of the subjects, which may be taken up for consideration in the following order: Organization Ca11 to Order Invocation Pledge of Allegiance Special Presentations Public Comments Public Hearings City Departments Consent Calendar Mayor and Councilmember Reports/Discussions Closed Sessions Adjournment Except with majority consent of the Council, items may not be taken out of order. Items requested by the public to be considered for City Council action shall be submitted to the City Manager no later than two weeks prior to the meeting for consideration. Council agenda requests and Staff reports for Council action shall be submitted to the City Manager no later than ten (10) days preceding the Council meeting. All reports shall be submitted on the proper form with complete information as to the subject matter, recommendation, fiscal impact, and contain the necessary attachments, exhibits and approving signatures. 2.2 DELIVERY OF AGENDA Barring insurmountable difficulties, the agenda shall ordinarily be delivered to Councilmembers each Friday preceding the Thursday meeting to which it pertains. The agenda shall also be available to the general public at the time it is delivered to the City Council. 4 2.3 CALL TO ORDER Before proceeding with the business of the Council, the City Clerk shall record the names of those Councilmembers present and they shall be entered in the minutes. 2.4 PUBLIC COMMENTS Any person may address the Council on any subject pertaining to city business not listed on the agenda during the Public Comments portion of the meeting. A limitation of three (3) minutes shall be set for each person desiring to address the Council during the Public Comments designation on the agenda (See 5.2). Public Comments on items listed on the agenda will be allowed as those items come up for consideration by the Council with a three (3) minute limitation set for each speaker. 2.5 CONSENT CALENDAR Items of a non -controversial and routine nature shall be placed on the consent calendar. All items may be approved by one blanket motion upon unanimous consent. Any Councilmember may request that any items be withdrawn from the consent calendar for separate consideration. However, any Councilmember may abstain from voting on any consent calendar item without requesting its removal from the consent calendar, and the City Clerk shall record such abstentions in the minutes. 2.5.1 APPROVAL OF MINUTES Unless requested by a majority of the City Council, minutes of the previous meeting may be approved without public reading if the City Clerk has previously furnished each Councilmember with a copy thereof. Minutes shall be prepared in accordance with the agenda format and as consistent as needed for the purpose of indexing legislative history. Minutes shall contain the necessary information for auditing and providing a clean paper trail and in no event anything less than the subject matter for consideration, the fiscal impact, identify contracting firms and individuals, and the action taken. With the exception of identifying individuals addressing the Council, and their general remarks, the comments of Council shall be noted only when revising or amending a matter. The minutes shall reflect only the motion and vote of the Council unless a Councilmember notes he wishes the record to reflect the purpose of his dissenting on a matter. Abstentions by Councilmembers shall be so stated along with their basis for such abstentions. 2.6 PUBLIC HEARINGS ADVERTISED/UNADVERTISED Generally, Public Hearings, other than those of a quasi-judicial nature, shall be conducted in the following order: Staff Review Questions of Staff by Council Hearing Opened by Mayor Proponents Testimony Opponents Testimony Proponents Rebuttal Hearing Closed by Mayor to Public Testimony Questions by Council Discussion by Council Action by Council Questions or comments from the public shall be limited to the subject under consideration. Depending upon the extent of the agenda, and the number of persons desiring to speak on an issue, the Mayor may, at the beginning of the hearing, limit testimony to three (3) minutes per individual. Any person may speak for a longer period of time, upon approval of the City Council, when this is deemed necessary in such cases as when a person is speaking as a representative of a group or has graphic or slide presentation requiring more time. Quasi-judicial hearing shall be conducted in accordance with the principles of due process, and the City Attorney shall advise the City Council in this regard. In any hearings before the City Council, notice of which is to be published or posted, if the City Council, or any member thereof, or a proponent or opponent of the matter requests that any or all participants in the proceedings testify under oath or affirmation, the making of such request shall be set forth in the notice of hearing. Additionally, the notice of hearing shall state that the giving of testimony under oath or affirmation shall be voluntary as to each person wishing to be heard in the matter, and that any person who has a question or concern regarding the giving of testimony under oath or affirmation should consult an attorney of his or her own choosing and at his or her own expense. Each person testifying under oath or affirmation in any such proceedings shall, before testifying, state on the record that he or she agrees to testify under oath or affirmation in the matter and has had an opportunity to consult with an attorney of his or her own choosing in respect thereto. Notices of hearings shall be in accordance with Government Code Section 54954.6 as well as any other applicable codes. 6 PRESIDING OFFICER 3.1 PRESIDING OFFICER (a) The Mayor shall be the Presiding Officer at all meetings of the Council. In the absence of the Mayor, the Vice Mayor shall preside. In the absence of both the Mayor and Vice Mayor, the Council shall elect a temporary presiding officer to serve until the arrival of the Mayor or the Vice Mayor or until adjournment, whichever first occurs. (b) The Council shall at its first meeting in December in even - numbered years met to choose one of its members as Mayor and another of its members as Vice Mayor. In years in which a general municipal election is held, the Council shall reorganize itself at the first regular meeting following the official canvass of results of the election, but, no later than the fourth Tuesday following the date of said general municipal election. Notwithstanding the reorganization following the general municipal election, the Council may meet at any regularly scheduled evening meeting of the City Council to choose a Mayor or Vice Mayor to serve the remainder of the current term. (c) The City Clerk shall preside at the portion of the Council meeting, which is concerned with the nomination for the selection of the Mayor. (d) Nominations for the office of Mayor or Vice Mayor may be made by any member of the Council and need not be seconded in order to be effective. Each selection shall be by three or more affirmative votes. In the event that no person receives three or more votes in the selection process for one or both offices, the selection process shall be repeated immediately provided, however, that the two persons receiving the highest number of votes in the preceding selection process shall be the only nominees for the office to be filled. If, upon repeating the selection process for Mayor or Vice Mayor, no person has yet received three affirmative votes for such office, the Council may either repeat the selection process until the officer has been duly selected or may continue the selection to the next regular meeting of the Council. (e) Voting in the selection of Mayor and Vice Mayor shall be by voice vote. (f) The Mayor and the Vice Mayor shall serve at the will of the City Council and until their successors have been duly selected pursuant to subsection (b), (g) and (h) hereof. (g) The offices of Mayor or Vice Mayor shall be deemed vacant upon the happening of any of the following: 7 (1) The death of the holder of such office; (2) The Loss or resignation from membership on the Council by the holder of such office; (3) The acceptance by the Council of the resignation from such office by the holder thereof; (4) The majority of the Councilmembers desire to make a change; (5) The recall of the holder of such office. (h) At its first regular meeting after the occurrence of a vacancy created by one of the foregoing events, the Council shall select a successor to such office pursuant to the selection procedures established by this section. 3.2 PARTICIPATION OF PRESIDING OFFICER The Presiding Officer may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Councilmembers, and he shall not be deprived of any of the rights and privileges of a Councilmember by reason of his acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. If he desires to personally engage in extended debate on questions before the Council, he should consider turning the Chair over to another member. 3.3 QUESTION OR MOTION TO BE STATED The Presiding Officer shall verbally restate or request the City Clerk to restate each question or motion immediately prior to calling for the vote. Following the vote, the Presiding Officer shall verbally announce whether the question carried or was defeated. The Presiding Officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. 3.4 SIGNING OF DOCUMENTS The Mayor, or Vice Mayor, in the absence of the Mayor, shall sign ordinances, resolutions, and documents necessary to the conduct of City business adopted by the City Council. The City Clerk or Deputy City Clerk shall attest to the signature of the Mayor or Vice Mayor. 3.5 MAINTENANCE OF ORDER The Mayor or Presiding Officer is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the Chair. All questions and remarks shall be addressed to the Chair. 4. RULES, DECORUM, AND ORDER 4.1 POINTS OF ORDER The Presiding Officer shall determine all Points of Order subject to the right of any Councilmember to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order. 4.2 DECORUM AND ORDER - COUNCILMEMBERS (a) Any Councilmember desiring to speak shall address the Chair and, upon recognition by the Presiding Officer, shall confine himself to the question under debate. (b) A Councilmember desiring to question the staff shall address his question to the City Manager or City Attorney, in appropriate cases, who shall be entitled either to answer the inquiry himself or to designate some member of his staff for that purpose. (c) A Councilmember, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer; unless a Point of Order is raised by another Councilmember; or unless the speaker chooses to yield to questions from another Councilmember. (d) Any Councilmember called to order while he is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, he shall be permitted to proceed. If ruled to be not in order, he shall remain silent or shall alter his remarks so as to comply with the rules of the Council. (e) Councilmembers shall accord the utmost courtesy to each other, to city employees, and to the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. (f) Any Councilmember may move to require the Presiding Officer to enforce rules and the affirmative vote of a majority of the Council shall require him to so act. 9 4.3 DECORUM AND ORDER - EMPLOYEES Members of the administrative staff and employees of the city shall observe the same rules of procedure and decorum applicable to members of the Council. The City Manager shall insure that all City employees observe such decorum. Any staff members, including the City Manager, desiring to address the Council or members of the public shall first be recognized by the Chair. All remarks shall be addressed to the Chair and not to any one individual Councilmember or member of the public. 4.4 DECORUM AND ORDER - PUBLIC Members of the public attending Council meetings shall observe the same rules of order and decorum applicable to the Council. 4.5 ENFORCEMENT OF DECORUM As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the Council may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. 4.6 PERSONAL PRIVILEGE The right of a member to address the Council on a question if personal privilege shall be limited to cases in which his integrity, character, or motives are assailed, questioned or impugned. 4.7 CONFLICT OF INTEREST All Councilmembers are subject to the provisions of California Law, such as Chapter 7, Title 9, of the California Government Code, relative to conflicts of interest, and to conflict of interest codes adopted by the City. Any Councilmember prevented from voting because of a conflict of interest shall refrain from debate and voting. Such Councilmember will leave the Council Chambers during debate and voting on the issue. 10 4.8 LIMITATION OF DEBATE Councilmembers normally should speak not more that once upon any one subject until every other Councilmember choosing to speak thereon has spoken. Members shall limit their statements to five (5) minutes each time they have the floor, unless the Council, by majority vote, approves an extended period. 4.9 DISSENTS, PROTESTS, AND COMMENTS Any member shall have the right to express dissent from, or protest to, or comment upon, any action of the Council and have the reason entered in the minutes. If such dissent, protest or comment is desired to be entered in the minutes, this should be made clear by language such as, "I would like the minutes to show that I am opposed to this action for the following reasons..." 4.10 RULINGS OF CHAIR FINAL UNLESS OVERRULED In presiding over Council meetings, the Mayor, Vice Mayor, or temporary Presiding Officer shall refer to "Roberts Rules of Order" to decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by majority vote of the Councilmembers present and voting, and shall be binding and legally effective for purposes of the matter under consideration. 5. ADDRESSING THE COUNCIL 5.1 MANNER OF ADDRESSING THE COUNCIL (a) Any member of the public desiring to address the Council shall proceed to the podium and wait to be recognized by the Presiding Officer. After being recognized, he shall state his name and address for the record. (b) All remarks and questions shall be addressed to the Chair and not to any individual Councilmember, staff member or other person. During a public hearing, all remarks shall be limited to the subject under consideration. No person shall enter into any discussion without being recognized by the Presiding Officer. (c) Any member of the Council who has been recognized by the Presiding Officer of the Council for such purpose may address or respond to a member of the public who has addressed the Council pursuant thereto. Such address or response shall be exercised only once for each member of the public, shall not exceed three (3) minutes in length, and shall be deemed to express the individual position or opinion of the Councilmember offering the same and shall not be construed to bind the Council or 1I the City in any manner. Unless otherwise directed by the Council, the restrictions imposed by Subsection (a) shall apply only to those portions of the Council agenda during which members of the public are permitted to make public comments to the Council. 5.2 TIME LIMITATION Any member of the public desiring to address the Council shall limit his statement to three (3) minutes unless further time has been granted by the Presiding Officer in the individual case, or in accordance with Section 2.6. 5.3 ADDRESSING THE COUNCIL AFTER MOTION IS MADE After a motion has been made, or after a public hearing has been closed, no member of the public shall address the Council without first securing permission by a majority vote of the Council. 5.4 LIMITATIONS REGARDING PUBLIC COMMENTS AND REPORTS The making of public comments to the Council by any member of the public during the "Public Comments" portion of the agenda shall be subject to the following limitations: 5.4.1 At any time, before or after the public comments is commenced, the Presiding Officer may request to direct the communication to the City Manager or other appropriate staff member during regular business hours, or in writing for subsequent submittal to Councilmembers, pursuant to Section 5.5. 5.4.2 The Presiding Officer may limit the number of speakers heard on non -agenda topics at a single meeting. Those whose presentations are postponed shall be given priority at the next meeting during the "Public Comments" agenda item. 5.4.3 If it appears that several speakers desire to speak regarding a single topic, the Presiding Officer may reasonably limit the number speaking as to each side of an issue. In this regard, preference may be given to speakers who represent groups of persons who have designated a spokesperson. 5.4.4 No section or subsection of this resolution shall be construed as to prohibit the right of the public to the criticism of the policies, procedures, programs, or services of the city or the acts or omissions of the City Council. 5.5 WRITTEN CORRESPONDENCE The City Manager is authorized to receive and open all mail addressed to the Council as a whole and give it immediate attention to the end that all administrative business referred to in said communications, and not necessarily requiring Council action, may be disposed of between Council meetings. A copy of such communication shall be provided to each Councilmember marked "Information Only". Any communication relating to a pending matter, or to be brought before the City Council shall be included in the agenda packet for the meeting at which such item is to be considered. Letters of appeal from administrative or commission decisions shall be processed under applicable provisions of City ordinances. Copies of all other communications sent to the members of the Council will be transmitted to them. 5.6 PERSONS AUTHIORIZED TO BE WITHIN THE DIOCESE No person except the City officials shall be permitted within the diocese area in front of the Council table without the invitation or consent of the Presiding Officer. 6. MOTIONS 6.1 PROCESSING OF MOTIONS When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it. 6.2 MOTIONS OUT OF ORDER The Presiding Officer may at any time, by majority consent of the Council, permit a member to introduce an ordinance; resolution, or motion out of the regular agenda order. 6.3 DIVISION OF QUESTION If the question contains two or more divisional propositions, the Presiding Officer may, and upon request of a member shall, divide same. 13 6.4 PRECEDENCE OF MOTIONS When a motion is before the Council, no motion shall be entertained except the following, which shall have precedence in the following order: (a) Adjourn (b) Fix Hours of Adjournment (c) Table (d) Limit or Terminate Discussion (e) Amend (f) Postpone (g) Reopen Public Discussion 6.5 MOTION TO ADJOURN (NOT DEBATABLE) A motion to adjourn shall be in order at any time, except as follows: (a) When repeated without intervening business or discussion. (b) When made as an interruption of a member while speaking. (c) When discussion has been ended, and vote on a motion is pending, and (d) While a vote is being taken. A motion to adjourn "to another time" shall be debatable only as to the time to which the meeting is adjourned. 6.6 MOTION TO FIX HOUR OF ADJOURNMENT Such a motion shall be to set a definite time at which to adjourn and shall be undebatable and shall be unamendable except by unanimous vote. 6.7 MOTION TO TABLE A motion to table shall be used to temporarily by-pass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. 6.8 MOTION TO LIMIT OR TERMINATE DISCUSSION Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion prevails, a vote shall be taken on the main motion. 14 6.9 MOTION TO AMEND A motion to amend shall be debatable only as to the amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment. Amendments shall be voted first, then the main motion as amended. 6.10 MOTION TO CONTINUE Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set. 7. VOTING PROCEDURES 7.1 VOTING PROCEDURE In acting upon every motion, the vote shall be taken by mechanical means and the vote on each motion shall be entered in full upon the record. Members shall respond "aye", "nay" or "abstain", and any Councilmember not responding "no" or "abstain" or otherwise registering an objection shall have his vote recorded as "aye". In the event of a malfunction of the mechanical voting apparatus, the order of voting shall be alphabetical with the Mayor voting last. The City Clerk shall call the names of all members seated when a roll call vote is ordered or required. 7.2 ROLL CALL VOTING Every ordinance (other than urgency ordinances) and any resolutions or orders for franchise or payment of money require three (3) affirmative votes. Urgency ordinances require four (4) affirmative votes. Any question before the Council shall not require a roll call vote unless demanded by any member. It shall not be in order for members to explain their vote during the vote. Any member may change his vote before the next order of business. 7.3 FAILURE TO VOTE Every Councilmember should vote unless disqualified for cause. 15 7.4 RECONSIDERATION Any Councilmember who voted with the majority may move a reconsideration of any action at the same meeting. After a motion for reconsideration has once been acted upon at the same meeting, no other motion for a reconsideration thereof shall be made without unanimous consent of the Council at the same or subsequent meetings. 7.5 TIE VOTES Tie votes shall be lost motions. When all Councilmembers are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal unless the Council takes other action to further consider the matter. If a tie vote results at a time when less than all members of the Council are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council. 7.6 MOTION TO RESCIND Any Councilmember, regardless of how he or she voted on the item originally, may move to rescind an action taken at a previous meeting in order to strike out an entire motion, resolution, rule, bylaw, section, or paragraph that has been adopted except in the following circumstances: (a) When there has been detrimental reliance on the original decision by a party affected thereby; (b) When something has been done, as a result of the original decision, which it would be impossible to undo; (c) When the item is in the nature of a contract and the other party to the contract has been informed of the vote and has taken action in reliance thereon which cannot be undone. 16 8. RESOLUTIONS 8.1 DEFINITIONS As a rule of thumb, it can be said that legislative acts of the City Council (usually a rule of public conduct for long-term application) are taken by ordinance, whereas more routine business and administrative matters (usually more temporary and transitory in nature) are accomplished by resolutions. The term "resolution" in its general sense will note any action taken affirmatively via a vote of the Council, other than one taken by ordinance. As used in this City, however, two terms are in general used to denote such (non -ordinance) actions: "resolution", and "motion" (thereafter recorded by minute entry). Technically, all three are equally as legally effective and binding; they vary in the formality of respective memorialization. The most formal is referred to locally as a "resolution". This, in addition to being referenced in the minutes, will be recorded by a separate document, numbered in sequence and preserved in a separate set of books. Such "resolutions" are used in this City for various reasons, such as when specifically required by law, when needed as a separate indentiary document to be transmitted to another governmental agency, or where the frequency of future reference back to its content warrants a separate document (with the additional "whereas" explanatory material it often recites) to facilitate such future reference and research. A "motion" (assuming it as one which passed) is a Council action which is recorded simply by an item entry in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it. 8.2 RESOLUTIONS PREPARED IN ADVANCE Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed in Section 7.1, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any member may require that the resolution be read in full. 8.3 RESOLUTIONS NOT PREPARED IN ADVANCE Where a resolution has not been prepared in advance, the procedure shall be to instruct the City Manager or the City Attorney to prepare a resolution for presentation at the next Council meeting. 17 8.4 URGENCY RESOLUTIONS In matters of urgency, a resolution may be presented verbally, in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure in 8.2 above shall be followed. Urgency resolutions shall be avoided except when absolutely necessary; and shall be avoided entirely when resolutions are required by law, improvement acts, zoning matters, or force account work on public projects. Where the resolution has been drafted in written form, either before or during the meeting, this paragraph shall not be deemed applicable. 9. ORDINANCES 9.1 INTRODUCTION AND ADOPTION OF ORDINANCES Ordinances shall not be passed within five (5) days of their introduction, or at other than a regular meeting or at any adjoumed regular meeting. However, an urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by unanimous vote of the Councilmembers present, all ordinances shall be read in full, either at the time of introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be reintroduced only at a regular or at an adjourned meeting held at least five (5) days after alteration. Correction of typographical or clerical errors are not alterations within the meaning of this section. 9.2 EFFECTIVE DATE All ordinances, except as provided in Section 36937 of the Government Code, shall take effect thirty (30) days after adoption, but may be made operative at such later date as may be designated in the ordinance. 9.3 PUBLISHING It shall be the duty of the City Clerk to publish a summary of all ordinances in accordance with Section 36933 of the Government Code within fifteen (15) days after adoption. 9.4 URGENCY ORDINANCES All urgency ordinances must receive four (4) affirmative votes to be adopted and to become effective immediately. If such an ordinance fails to receive 4/5ths majority, it may thereafter be considered and passed in the same manner as regular ordinances. 18 10. STUDY SESSIONS 10.1 STUDY SESSIONS Councilmembers able to attend scheduled study sessions may meet in the San Jacinto Unified School Board Room at 2045 South San Jacinto, San Jacinto, on the fourth Thursday of each month (and such other times as deemed necessary) at 6:00 P.M. for the purpose of reviewing the agenda for a City Council meeting, discussion of special subjects of immediate concern; and meeting and conferring with City Commissions, Committees, Boards; Civic Organizations; and City Officials relative to pending City business. The time for sessions as specified may be altered by the City Council or by the Mayor, on individual occasions when appropriate, to the convenience of the Councilmembers, provided that when this occurs, written notice of the change shall be provided in accordance with the standard noticing requirements. 10.2 OPEN TO THE PUBLIC Study sessions shall at all times be open to the public and the news media, except closed sessions held at such times pursuant to Government Code. 10.3 PURPOSE Study sessions constitute a meeting of the City Council and are subject to applicable rules and procedures. At such study sessions, no formal action shall be taken, no motion shall be offered, nor debates entered into; the sole purpose of said meetings being to provide background information to members of the City Council and to allow Councilmembers to ask questions. This shall not, however, be deemed to apply with respect to closed sessions. 10.4 AGENDA The agenda for each study session shall be prepared and posted in accordance with the same rules applicable to regular City Council meetings. Any Councilmember may request that a matter be placed on the agenda. Except in urgent situations, Councilmembers should submit such requests seven (7) working days before a meeting, along with any available supporting information. No Councilmember, however, shall remove any item from the agenda, except an item they requested to be placed on said agenda. 19 11. CITY COUNCIL REPRESENTATION/SUBCOMMITTEES/TASK FORCES 11.1 SUBCOMMITTEES/TASK FORCES The City Council or Mayor may designate subcommittees/task forces as necessary. No more than two (2) members of the City Council shall be appointed to a single subcommittee and any vacancy shall be filled in the same manner as the original appointment. Any staff support necessary shall be provided by City Manager representation and/or other staff at the direction of the City Manager. 11.1.1 REPRESENTATIVE: The Mayor shall select representatives, with confirmation by the full Council, to other agency committees, who shall serve for a term if one (1) year. The Mayor shall review these appointments annually, upon any vacancy, or as deemed necessary for continuing necessity. Such representation will receive staff support from other agencies, including any needs to comply with the Brown Act. 11.1.2 STANDING: The City Council shall determine the need for and appoint Standing Subcommittees as deemed necessary. Such Subcommittees will require staff support and meet the requirements of the Brown Act and will be reviewed annually, upon any vacancy, or as deemed necessary for continuing necessity. 11.1.3 AD HOC: The Mayor shall appoint ad hoc task forces as deemed necessary and as such would not be required to meet requirements of the Brown Act. Such task forces may require staff support and are not required to meet requirements of the Brown Act. They shall serve for the period of time necessary to meet the needs as they were originally intended. 11.2 COUNCIL SUBCOMMITTEE/TASK FORCE POLICIES 11.2.1 PURPOSE The purpose of Council Subcommittees/Task Forces are to act as sounding boards and fact finding for the City Council on various matters concerning pertinent issues which are brought to the attention of Councilmembers or City staff. 11.2.2 POLICY It shall be the policy of each subcommittee/task force to review the issues which are brought before the subcommittee/task force and provide feedback to staff for consideration by the full Council. 20 11.2.3 POWERS The subcommittees/task forces shall act as a fact finding body only, and have no authority to act independently in the decision making process, but shall instead report back to the full Council. 11.2.4 PROCEDURES The subcommittees/task forces shall meet as necessary, at the call of a subcommittee/task force member, the Council or no less than quarterly depending upon the type of subcommittee/task force. Representative staff shall prepare an informal agenda listing the topics to be covered at each meeting. The City Manager shall designate the staff representation, whom shall be present at each meeting to present information and provide follow up actions. 12. COUNCIL APPOINTED CITIZEN BOARDS/COMMISSIONS/COMMITTEES The purpose of this procedure is to outline those actions that will be taken in appointing members of the City of San Jacinto Boards, Commissions, and Committees. 12.1 THE MADDY ACT The Maddy Act takes into consideration the vast and largely untapped reservoir of talent among the citizenry that is not aware of the opportunities for participation on advisory boards and commissions. For that reason, the Maddy Act was enacted to cause maximum public awareness of both regulatory and advisory boards and commissions open for appointments by the City Council (Government Code Section 54970). 12.2. APPOINTMENTS LIST On or before December 31 of each year the City Clerk shall cause to be posted a list of appointments of all ongoing boards, commissions, and committees which are appointed by the City Council. This list must include where and when they meet, the present membership and terms of office for each member and the necessary qualifications for the position (Government Code Section 54972). 12.3 AVAILABILITY TO PUBLIC One month prior to the scheduled expiration of a board or commission term of office, the City Clerk shall give notice of such expiration and qualifications for the position in a posted notice and a press release to the newspapers of general circulation within the City. Appointment to that vacancy shall not be made prior to ten (10) working days after the release of such notice (Government Code Section 54974). 21 12.4 NOTIFICATION OF INCUMBENT The incumbent whose term is expiring will be given notice of the expiration of the term of office and requested to submit a letter requesting reappointment to an additional term if that is their desire. 12.5 UNSCHEDULED VACANCIES Whenever an unscheduled vacancy occurs due to resignation, death, termination or other reason, the same noticing will be accomplished as for a scheduled vacancy, within twenty (20) days of the occurrence of the vacancy. Appointment to that vacancy shall not be made prior to ten (10) working days after the release of such notice (Government Code Section 54974). 12.6 SUBMISSION OF CANDIDATES TO THE COUNCIL A list of candidates requesting appointment to a term of office will be submitted to the City Council for its consideration at it's next regular meeting. 12.7 INTERVIEWS Any City Councilmember may request a time set for interviewing candidates for appointment, at which time all Councilmembers may participate in the interview process. If more than two (2) Councilmembers participate in the interview session, it will be an open meeting with notice given and the public invited. 12.8 FOLLOW-UP AFTER APPOINTMENTS After the City Council has appointed a candidate to fill a position, the City Clerk shall notify the new appointee, including such information as their term of office, when and where they meet and the staff member to contact if they have questions. In addition, the appropriate staff contact shall be notified of the appointee's name, address and phone number for follow up. The City Clerk shall also notify unsuccessful candidates, thanking them for their interest in serving the City of San Jacinto. Resolution Number 99-54 is hereby rescinded. 22 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY RESOLVE and ADOPT the foregoing amended rules and procedures for the City of San Jacinto to be effective immediately. APPROVED AND ADOPTED THIS 16th day of December, 1999. MAYOR OF THE CITY OF SAN JACINTO Attest: City Clerk State of California ) County of Riverside) ss City of San Jacinto I, Beti An Hynes, duly appointed City Clerk of the City of San Jacinto do hereby certify that the foregoing Resolution Number 99-56 was duly and regularly adopted by the City Council of the City of San Jacinto at their regular meeting held on 16 December 1999 by the following called votes: AYES: NOES: ABSENT: ABSTAIN: 23 Beti An Hynes City Clerk STAFF REPORT To: Honorable Mayor and City Council From: George Kaenel, Interim Finance Director Subject: Signatures for Banking Documents Date: December 16, 1999 Recommendations: 1. Adopt Resolution No. 99-57 authorizing signers for bank accounts at the Bank of Hemet. 2. Adopt Resolution No. 99-58 authorizing a facsimile signature agreement for bank accounts at the Bank of Hemet. 3. Adopt Resolution No. 99-59 authorizing a wire transfer agreement between the City and the Bank of Hemet. 4. Adopt Resolutdion No. 99 -60 authorizing an agreement for automated clearing house origination services between the City and the Bank of Hemet. s. 14 Background: It is current City policy to give signature authority on the City's bank accounts to the Mayor, Vice Mayor and the City Manager. The recent changes on the City Council and the election of a new Mayor and Vice Mayor makes it necessary update the signature authority with the Bank of Hemet. The resolution authorizing the wire transfer agreement removes Ann Hallberg, who is no longer an employee of the City, from signature authority and replaces her with Ray Bouza. It also changes the City Manager authorization from L. Michael Hanavan to James A.Mocalis and adds James A Potts, City Treasurer, as a verifier of transfers for investment purposes. Wire transfers are used to invest money with or withdraw money from the Local Agency Investment Fund maintained by the State Treasurer and to transfer funds to the our trustee, United Bank of California, in order to meet debt service requirements on bonds and certificates of participation in a timely manner. The automated clearing house services agreement allows the direct deposit of employees' salary payments to their bank accounts. RESOLUTION NO. 99-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA AUTHORIZING SIGNERS FOR BANK ACCOUNTS AT THE BANK OF HEMET WHEREAS, The City of San Jacinto will need to update its signature cards with Bank of Hemet; and WHEREAS, The City has designated the Mayor, Vice Mayor, and the City Manager as signers on the bank accounts; and WHEREAS, Bank of Hemet requires the City to adopt a corporate resolution and authorization to designate authorized signers on bank accounts; THEREFOR, IT IS HEREBY RESOLVED that the following will be authorized signers on Bank of Hemet accounts: Mayor Patrick A. Williams Vice Mayor Jim Ayres City Manager James S. Mocalis APPROVED AND ADOPTED this 16th day of December, 1999 Ayes: Noes: Abstain: Absent: Mayor ATTEST: Beti An Hynes, City Clerk City Clerk RESOLUTION NO. 99-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA AUTHORIZING A FACSIMILE SIGNATURE AGREEMENT FOR BANK ACCOUNTS AT THE BANK OF HEMET WHEREAS, The City of San Jacinto will need to update its signature cards with Bank of Hemet; and WHEREAS, The City has designated the Mayor, Vice Mayor, and the City Manager as signers on the bank accounts; and WHEREAS, Bank of Hemet requires the City to adopt a corporate resolution and authorization for the facsimile signature agreement; THEREFOR, IT IS HEREBY RESOLVED that the following will be authorized signers and facsimile signatures on Bank of Hemet accounts: Mayor Patrick A. Williams Vice Mayor Jim Ayres City Manager James S. Mocalis APPROVED AND ADOPTED this 16th day of December, 1999 Ayes: Noes: Abstain: Absent: Mayor ATTEST: Beti An Hynes, City Clerk City Clerk RESOLUTION NO. 99-59 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA AUTHORIZING A WIRE TRANSFER AGREEMENT BETWEEN THE CITY AND THE BANK OF HEMET WHEREAS, the City Council has reviewed copies of the proposed Wire Transfer Agreement (the "Agreement"), to be entered into by and between the City and the Bank of Hemet ( "Bank"); and WHEREAS, the Council has determined that its participation in the Bank's wire transfer activity will be on the terms and conditions set forth in the Agreement; NOW, THEREFORE, IT IS HEREBY RESOLVED: 1. It is in the best interest of the City to participate in wire transfer activity, to include submission of wire transfer payment orders ("Requests") to be on the terms and conditions set forth in the Agreement; and 2. The Council authorizes and directs an authorized officer of the City, for and on behalf of the City to negotiate, execute and deliver the Agreement and any renewals or amendments thereof, with such terms, covenants, and conditions as such officer or officers executing the Agreement on behalf of the City may approve, such approval to be conclusively evidenced by the execution and delivery of the Agreement; and 3. The Council has considered the security procedures contemplated by the Agreement, and finds that such security procedures are commercially reasonable procedures for verifying that a Request or other communication purporting to have been issued by the City as originator is in fact a Request of the City. In reaching this determination, the Council has considered the size, type and frequency of Requests that the City anticipates issuing to the Bank; and 4. The Council is aware that the Bank may have available alternative security procedures that may provide a greater degree of certainty for verification of the authenticity of Entries, and authorizes and directs an authorized officer of the City to disclose to the Bank the size, type and frequency of Requests that the City anticipates issuing to the Bank, to review alternative security procedures available from the Bank, and to consent to and agree to the use of the security procedures set forth in the Agreement as submitted to the Council only after determining that such procedures are appropriate for the City, such determination to be conclusively evidenced by the execution and delivery of the Agreement; and 5. The Council authorizes an authorized officer in connection with the Agreement (a) to initiate, cancel, conform or verify the authenticity of Requests, whether given orally, electronically, written or by facsimile instructions; and (b) to designate any such persons, as he or she deems appropriate; and 6. The Council authorizes an authorized officer in connection with the Agreement to delegate any of the authorities granted to him or her under this resolution to one or more persons and to revoke any authorization granted to any such person, as he or she deems appropriate; and 7. The Bank is authorized to act and rely on this resolution until it actually receives written notice of its amendment or revocation; and 8. As used in this Resolution, the term, "authorized officer of the City" shall mean the following acting separately: Title Name Signature Initial a. Interim Finance Director George H. Kaenel b. Accountant Ray Bouza c. City Manager James S. Mocalis d. Mayor Patrick A. Williams e. Vice Mayor Jim Ayres f. Treasurer James W. Potts APPROVED AND ADOPTED this 16st day of December, 1999. Ayes: Noes: Abstain: Absent: Mayor ATTEST: Beti An Hynes, City Clerk City Clerk RESOLUTION NO. 99-60 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA AUTHORIZING AN ORIGINATION AGREEMENT FOR AUTOMATED CLEARING HOUSE SERVICES WITH THE BANK OF HEMET WHEREAS, the City Council has reviewed copies of the proposed Origination Agreement for Automated Clearing House Origination Services (the "Agreement"), to be entered into by and between the City and the Bank of Hemet ( "Bank"); and WHEREAS, the Council has determined that its participation in the Bank's Automated Clearing House Origination Services ("ACH Origination Services") will be on the terms and conditions set forth in the Agreement; NOW, THEREFORE, IT IS HEREBY RESOLVED: 1. It is in the best interest of the City to participate in the ACH Origination Services, such participation to be on the terms and conditions set forth in the Agreement; and 2. The Council authorizes and directs an authorized officer of the City, for and on behalf of the City to negotiate, execute and deliver the Agreement and any renewals or amendments thereof, with such terms, covenants, and conditions as such officer or officers executing the Agreement on behalf of the City may approve, such approval to be conclusively evidenced by the execution and delivery of the Agreement; and 3. The Council has considered the security procedures contemplated by the Agreement, and finds that such security procedures are commercially reasonable procedures for verifying that a Request or other communication purporting to have been issued by the City as originator is in fact a Request of the City. In reaching this determination, the Council has considered the size, type and frequency of ACH Origination Services that the City anticipates issuing to the Bank; and 4. The Council is aware that the Bank may have available alternative security procedures that may provide a greater degree of certainty for verification of the authenticity of Entries, and authorizes and directs an authorized officer of the City to disclose to the Bank the size, type and frequency of Entries that the City anticipates issuing to the Bank, to review alternative security procedures available from the Bank, and to consent to and agree to the use of the security procedures set forth in the Agreement as submitted to the Council only after determining that such procedures are appropriate for the City, such determination to be conclusively evidenced by the execution and delivery of the Agreement; and 5. The Council authorizes an authorized officer in connection with the Agreement (a) to initiate, cancel, conform or verify the authenticity of instructions to the Bank for ACH Origination Services, whether given orally, electronically, written or by facsimile instructions; and (b) to designate one or more persons, authorized to perform any of the foregoing and to revoke any authorization granted to any such persons, as he or she deems appropriate; and 6. The Council authorizes an authorized officer in connection with the Agreement to delegate any of the authorities granted to him or her under this resolution to one or more persons and to revoke any authorization granted to any such person, as he or she deems appropriate; and 7. The Bank is authorized to act and rely on this resolution until it actually receives written notice of its amendment or revocation; and 8. As used in this Resolution, the term, "authorized officer of the City" shall mean the following acting separately: Title Name Signature Initial a. Interim Finance Director George H. Kaenel b. Accountant Ray Bouza c. City Manager James S. Mocalis d. Mayor Patrick A. Williams e. Vice Mayor Jim Ayres APPROVED AND ADOPTED this 16th day of December, 1999. Ayes: Noes: Abstain: Absent: Mayor ATTEST: Beti An Hynes, City Clerk City Clerk • • 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed conditional use will comply with each of the applicable provisions of this Ordinance. The above referenced section pertains to the findings of a Permanent Conditional Use Permit. The subsections quoted, specifically require conformance to the underlying zone and the zoning ordinance. The intent of this Temporary CUP is to allow the Planning Commission or City Council to approve temporary uses whether they are consistent with the applicable zone or not. City Council Meeting September 16, 1999 • I MINUTES City of San Jacinto Planning Commission Meeting August 11, 1999 Commissioner Carlson-Buydos called the meeting of the San Jacinto Planning Commission to order at 6:30 p.m. at the Community Center, 625 S. Pico Street, San Jacinto, California. 1.0 ROLL CALL 1.1 FLAG SALUTE: Commissioner Warneke 1.2 ROLL CALL Commissioners Present: Dunlap, Warneke Commissioners Absent: Duisterm. re ed 2.0 LATE ITEMS None 3.0 ORAL COMMUNICATION None 4.0 Consent Calendar Carson-Buydos, Tavenner and All matters listed under Consent Calendar are considered to be routine and are enacted by, one motion by the Planning Commission in the form listed. 4.1 APPROVAL OF MINUTES: July 7, 1999 4.2 Extension of Time — Tentative Tract Map 27797 Applicant: CTE Inc. 11 Airport Blvd., Ste. 209 San Francisco, CA 94080 A request for a second one-year extension of time for a 43-lot single family subdivision on approximately 8.39 acres, located on the south side of Quandt Ranch Road and on Western Village Drive. Planning Commission Minutes August 11, 1999 Page No. 1 a r MOTION: Council Member Dunlap moved to approve Consent Calendar Item 4.1, adding Planning Department Conditions of Approval # 12, setting the requirements for the construction o f two-story homes. "A two- story home shall not be permitted on a lot that shares a common rear property line, with a lot in the development to the west that is developed with a one-story Home", and approve Consent Calendar Item 4.2, as submitted. SECOND: VOTE: Council Member Tavenner 4-0 END OF CONSENT CALENDAR 5.0 CONTINUED PUBLIC HEARINGS 5.1 Conditional Use Permit 4-99 and Change of Zone 1-99 Applicant: Maclin Markets, Inc. 7407 Riversid Ontario, CA 9 Planning Director Hults gave the unimproved area and the City w improvements require lands is currently operating on S as well as expanding the op entertainment and a beer Hof the staff report. The proposal is in an pi ly require on -site improvements. Typical ite as well as off -site improvements. The applicant y, and is seeking to expand the number of vendors, Sundays. The applicant also seeks approval of live n. The applicant is requesting the phasing of improvements. Applicant's proposal is as follows: Phase I will continue to operate as is, up to 150 vendors, with minor improvements to the existing entrances and exits on Lyon Avenue. Phase II, includes the addition of 100 vendors and landscape improvement. Phase III, includes 300-400 vendors and will include the installation of parking areas, street improvements, including the realignment of De Anza Drive and utility upgrades. This last phase will be implemented when the surrounding areas begin to develop. Staff has analyzed the project and felt phasing was appropriate. However, staff is suggesting changes to the applicant's proposed phase improvements. The recommended changes to Phase I include the installation of seventy five parking stalls within six months from the approval of the Conditional Use Permit. The parking stalls translate to 1.5 stalls per vendor space. The City Engineer determined road improvements shall be conditioned in Phase I. Planning Commission Minutes August 11, 1999 Page No. 2 • • At the July 71h Planning Commission meeting, the applicant expressed opposition to the conditions of approval and questioned the legalities of the conditions placed by the City. Staff forwarded the staff report of July 71h to the City Attorney for his review and comment. Response from the City Attorney was received on time to incorporate changes into this report of August 111h. Subsequently, a letter from the City Attorney was received earlier today (8/11/99), basically ratifying his recommended changes to the staff report. Therefore, staff is recommending adoption of a Mitigated Negative Declaration and approval of the Conditional Use Permit and Change of Zone. Public Hearing opened at 6:40pm Greg Hahn, representing Maclin Markets, Inc., thanked everyone for showing up and gave a brief history of the market, stating it had been around for 40-45 years with only a brief hiatus based on similar situation with conditions. He stated he was protesting conditions and fees, same as at the last Planning Commission meeting. He acknowledged the attorney's disagreement, but said he was hopeful and wa d to reach an agreement. Mr. Hahn asserted that City Attorney stated improvement uld be phased farther out than staff's recommendation. He commented that curb utt and street lights were being required for this two-day a week operation, and th Cit ould keep fees in line with what applicant could afford. Further, he state uld go ahead under protest of the fees and may or may file a lawsuit. Th- •igg issue Mr. Hahn saw was the City Engineer's items. He requested his letter o 1999 be accepted into the record, and asked to go through item by ite ''ho o -r continuance. Commissioner Carlson-Buydos Hahn that discussion of item -by item conditions would be allowed ' ickly, and focused on key items. Mr. Hahn stated his attorn- elt th City Attorney was off base and disagreed with the fees. He briefly reviewed thei •reement with the Environmental Analysis, Circulation and Public Safety. Regarding ' ndings of Fact, they agree with items 1 through 5. He requested a copy of Article # 17, of the City's Zoning Ordinance 340. He disagreed with item 6, on the legal basis, regarding the timing of the improvements. He agreed with Item # 7. He disagreed with Item #8, and the timing set by City Engineer. Mr. Hahn explained they were very heavy costs items, with an estimated cost of $150,000 - $200,000. He further stated the market was netting maybe $20,000/year, and felt the improvements should be pushed out until they have more vendors. Applicant had no problem with the landscape improvements, Item # 9. He mentioned the landscaping could be done in phase I, but would like it to be part of phase II. Regarding the Noise Standard, Item 10, he suggested the City needed to abide by current noise standards in place for all businesses and residents. The Conditions of Approval were reviewed as well. He agreed with 1 and 2, but disagreed with item 3, regarding parking lot improvements. He was in agreement with items 4 through 15, with a request for clarification on item 11, regarding vendor's receipts to Planning Commission Minutes August 11, 1999 Page No. 3 customers and monitoring. Disagreed with items 16, 17 and 18 on legal basis. He questioned whether applicant was considered a developer or not a developer, and how CEQA applied. He further stated the City Attorney cited other sections to justify imposition of fees. Mr. Hahn stated that in the next section of his letter, under Environmental Conditions, he was in agreement with item 1, if the Police Department presence is reasonable and not intrusive. Agreed with Item 2, a yearly review, however, he asked what would the cost be? Item 3, noise ordinance, needed to be the same as any other business in San Jacinto. Disagreed with Item 4, noise ordinance, should be the same as any other business in San Jacinto. Item 5, regarding the use of generators. He stated that generators are not used. The next section, Mitigation Monitoring Program - He agreed with Items 1 and 2. He disagreed with Item # 3, mentioning it needed to be the same as any other business in San Jacinto. Disagreed with Item 4. He requested a phasing according to affordability. Next was the environmental review. Concerned as to why staff had made changes to the environmental review checklist. The checklist had the same date as the July 7'h staff report, however, changes were made to the marking of the boxes. Also, noise item changed (see page 5). The biggest change seen was on page 6; memo from engineering requiring $150,000 - $200,000 in impr ments now. Mr. Hahn asked the Planning Commission to look at the exhibit, revie nd get it passed through. Mike & Linda Pendergast, Maclin Market vendor hey s ort the phasing of the improvements, and stated that Lyon Avenue h b in need of paving for a couple of years, however, the City does not have the nds do the improvements. Perhaps, Maclin Markets has been asked to do it alo f hat if a partnership was formed, it would be more feasible to get it done. -ere a Press Enterprise article regarding the small revenues Maclin Market contribute to the City. He suggested the City looking into a long-range rev •n, instead of the immediate revenues. In addition, he felt City shoul• o •e all •usinesses, and not pick and choose. He concluded by stating h' upp• f• actin Markets, and said everybody wins; vendors, customers and th Greg Hahn spoke again asking t• submit a petition that was circulated at the market since the last Planning Commission meeting and had about a thousand names but he did not have a copy just the original sheets. The petition read: To the City of San Jacinto City Council, Planning Commission and City Staff. By my signature below, I give my support to Maclin Markets, Inc. for the opening of the swap meet every Saturday & Sunday, the reestablishment of the contained beer garden and the ability to schedule live entertainment during the hours of 10AM-3:00 PM on Saturdays and Sundays. Additionally, any improvements should only be required of Maclin when actual development of surrounding properties occurs. I AM FOR THE SWAP MEET AND I WANT THE SWAP TO EXPANDt!II II He further explained that he spoke with an older gentleman who came out to the market just to visit, and for 45 years it had been a place to socialize. Mr. Hahn stated he needed some help. He was not opposed to a line of credit on the property, but if it is not written well he felt he could lose. Planning Commission Minutes August 11, 1999 Page No.4 • • Commissioner Carlson-Buydos told Mr. Hahn to submit the entire original petition package and staff could make a copy for his records. Public Hearing was closed, Commission discussion followed. Commissioner Carlson-Buydos asked that the key issues be addressed, and the issue of the City's ability to impose three sets of fees be discussed before moving it forward Commissioner Dunlap stated the applicant's attorney and the City Attorney needed to review the fee issue. Commissioner Carlson-Buydos maintained Maclin's right to pay fees under protest, and possibly receive refund if that is the result of the review. She stated the key issue was phasing of off -site and on -site improvements. Commissioner Dunlap expressed concern about relying since it could go on for a number of years before reach' improvements. He stated some kind of time constr of CUP, otherwise, it may be a long time. Commissioner Tavenner suggested they u Commissioner Warneke was concer - • ab What if they stop at 399, none of t Commissioner Carlson-Buyd the tentative tract maps in in the past and is continuin vendors and/or time. What a was different than a bond, since ly on the number of vendors, he number, which triggered the 'bly six months after approval or/and or time condition. controlling the number of vendors. ents will ever get done? bout a conversation she had with Mr. Hahn about area, and stated the area is not what it had been e. She also expressed concern about phasing by enchmarks, she asked? She stated a Line of Credit e money would still be in the applicant's account. She then spoke about the realignment of De Anza to Lyon, and the impactoF;yon Avenue traffic movement when the swap meet is operating. She asked the City Etineer what minimum improvements would be required. City Engineer, Habib Motlagh, responded by saying that as long as you had limited frontage, phasing was problematic, because by the time ultimate improvements in Phase II are built, temporary Phase I improvements would have to be torn up. He referred to his June 25th letter and asked if they had reviewed his comments. He recommended that improvement to De Anza be deferred. Further, he stated Lyon Avenue was bad beyond, and before this project. He felt the City needed to contribute to a part of it's improvement. He stated he wasn't sure how much was enough, but there could be an option to require 300 feet on either side of the driveway. Commissioner Carlson-Buydos began a discussion of traffic analysis of the area. Planning Commission Minutes August 11, 1999 Page No. 5 • City Engineer Motlagh stated that with 100 vendors, one entrance might be called for. The line of credit, as explained, would be good. However, the condition of the road makes it unsafe for the traffic right now, and indicated that minimum improvements were needed. Planning Director Hults confirmed the condition for Maclin to improve Lyon from centerline to their operation site. In regards to the timing of other developments in the area, he stated one developer had received financing for phase I (21 homes). There are 230 lots approved, however, sewer is adequate for only 21 homes on Ramona Blvd, after that a lift station and force main would have to be built before the developer can proceed. If the developer is diligent, the time frame would likely be 2-5 years to build out all 230 homes. After further discussion about minimum improvements, coordination and reviews, Commissioner Carlson-Buydos stated there was consensus to require off -site improvements for a distance of 300 feet on either side of the driveway on Lyon Avenue. The improvements are to be completed to the satisfacti• of the City Engineer, within 6 months of CUP approval. Dedication of public right -of- ; shall be provided as well. The remaining off -site improvements would not be tied o. o '-,.ders, but to time frame, with a review by Phase II or three years. Discussion then shifted to noise, on -site la ADA compliance without some paved parki they defer all non-ADA paving until P._- es dust control and difficulty achieving sioner Carlson-Buydos suggested as Staff recommended. Commissioner Dunlap concurred urn paving recommended by Staff would help with dust control, give a , be an easier transition, less breakage and a more desirable all with mi al pa -site. Consensus reached to requir g of 75 parking stalls as part of Phase I, and a line of credit letter for off -site improve ents to be posted with the City after the 6th month of operation. Commissioner Carlson-Buydos clarified the need for the Department of ABC and Public Health to be included on the CEQA checklist due to the beer garden. Another clarification for the record — There is no lumber operation or live auction proposed at the site as shown on exhibits. Further, she addressed the applicant's concern regarding how some of the items are monitored, but stating a formal agreement between the operator and the city could be a condition, and if they can't work it out they can always come back to the Planning Commission. Planning Director Hults restated the consensus of the Planning Commission. Phase I would require a letter of credit with a three year life span, to be reviewed by the Planning Commission. The City Engineer would have the authority to pull the line of credit for required improvements. The operator/applicant shall pave seventy-five (75) parking Planning Commission Minutes August 11, 1999 Page No. 6 • I spaces at the north side of site near vendor areas within six months of approval. Within six months of approval, off -site improvements allowing for proper ingress and egress, acceleration and deceleration lanes shall be installed. Also required within 6 months of approval is full dedication along Lyon Avenue and half -width along re -aligned De Anza Street. Monitoring agreement between City and Operator to be set up within 6 months of approval of Conditions. When the number of vendor spaces exceed 200 or not later than 36 months after the effective date of the permit, full parking improvements at a ratio of 1.5 stalls per vendor space shall be installed. Additionally, not later than 36 months after the effective date of the permit, the remainder of the required off -site improvements shall be installed, unless the City Engineer determines further deferral is appropriate. The applicant shall post a letter of credit securing the required off -site improvements that are deferred. MOTION By: Commissioner Dunlap: MOTION: 1. Adopt a Mitigated Negative Declaration 2. Adopt Resolution No. 99 3, approving Conditional Use Permit 4-99, sub'--: 'to the Findings of Fact and Conditions of Appr . al . mended 3. Recommend to , - Ci Co.;gcil approval of Change of Zone 1-99 SECOND: Commissioner VOTE: 4-0 �+ Planning Commission Minutes August 11, 1999 Page No. 7 FINDINGS OF FACT • • Conditional Use Permit 4-99 1. The subject property is neither in seismic study area nor an "A" flood zone. 2. The zoning of the property will change from agricultural to commercial, and will be consistent with the General Plan designation. 3. Use of the site will consist of a 29.55-acre swapmeet that is proposed to established in three phases. 4. The adjacent surrounding uses consist of farms, dairies, and single-family residences. 5. The conditional use granted for the applicant shall remain in force for the amount of time prescribed by the City Council in accordance with Article 17 of Ordinance 340. 6. The proposal will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vici , provided the Conditions of Approval attached hereto and incorporated herein eference are met. 7. Police services are provided by the City of S Jacinto ice Department located at 160 W. Sixth Street in San Jacinto. On -site shall be provided and maintained at a level of service to the satisfaction he f of San Jacinto Police Department. 8. Improvements will be made to Lyon :ve'n• e Anza Drive per the City Engineers Conditions of Approval to alle e • ytential impacts caused by the increased vehicular traffic from the swap 9. Lyon Avenue and De a Dr s ll be landscaped to the City's requirements, and reviewed by the Comm lopment Department. 10. All live music shall not be he, d from any of the site3roperty lines. All complaints will be reviewed by the Community Development Depar'Wnent. Planning Commission Minutes August 11, 1999 Page No. 8 • • CONDITIONS OF APPROVAL - Conditional Use Permit 4-99 Before final acceptance of the project, all conditions listed below shall be completed subject to the satisfaction of the City Engineer, Planning Director, the Chief of Police, or the Fire Chief, or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. Unless otherwise stated, all plans must be approved prior to building, and all conditions must be satisfied prior to commencement of use or occupancy. PLANNING DEPARTMENT 1. The use hereby permitted is for up to 400 vendor space outdoor market, to be implemented in phases as noted in Condition # 3 below. The effective date of this permit is the date it is ratified or approved by the City Council. The permit will be deemed void if not implemented within six month -fter Council ratified. 2. Prior to the commencement of use, the per =e t sign a certificate accepting all conditions of approval and must dem• rate to Community Development Department compliance with all conditio proval. 3. Within six months of the effectiv t.,_ - o -he Conditional Use Permit, the applicant/operator shall pave 7 rki • •a at the north side of the site near the vendor areas. When the nu ►,• ' ve • or spaces exceeds 200 or not less than 36 months after the effective • •ermit, full parking improvements shall be installed at a ratio • •arking stalls per vendor space. The parking improvements shal - - • •r• ce with the City requirements. 4. Outdoor market hours • . • ; ation for sales activity shall be limited to 7:00 A.M. to 4:00 P.M. Saturdays and undays. Set up will commence no sooner than 6 A.M. and vendors shall be gone by 5 P.M. 5. 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 to and approved by the Community Development Department, pursuant to the requirements of Article 16 of Ordinance 340. No individual vendor signs shall be visible from public streets. 6. In the event the use hereby permitted ceases operation for a period of six months or more, this approval shall automatically become null and void. 7. This Conditional Use Permit is subject to Section 17.11 of Ordinance No. 340 (permit suspension and revocation). Planning Commission Minutes August 11, 1999 Page No. 9 • • 8. Adequate restroom facilities for the vendors and the public shall be open and available during the outdoor market operation. Adequate signage shall be available to direct patrons to restrooms. All restroom facilities shall be well maintained in a clean and operable condition. 9. All electrical hook-ups must comply with all relevant provisions of the National Electric Code as adopted by the City and any necessary building permits must be procured from the Building Department. 10. All vendors shall collect California Sales Tax as required by the State Board of Equalization, and shall provide detailed receipts related thereto on a weekly basis. 11. The swapmeet operator shall hold a current business license, and collect one dollar from each vendor everyday of operation. A report and the business license fees shall be submitted to the Community Development Department on a quarterly basis. All food vendors shall be certified by Riverside unty Department of Health. Evidence of this certification shall be displayed minently. An emergency operations, evacuation arouting shall be submitted to the Department of Community Developmen The outdoor market shall be provide accessibility standards are a•• -red provision of adequate handi all vendors and other anci 15. The outdoor marke 8 of the California B Meets. acilities to ensure federal and state includes but is not limited to the paths of travel from the parking area to rovided on -site. comply with the provisions of Chapter 9, Division d Professions Code as such code pertains to Swap 16. Within six months of the effective date of the Conditional Use Permit or as otherwise authorized by the City Council, the developer shall pay the currently effective traffic signal mitigation fees. 17. Within six months of the effective date of the Conditional Use Permit the developer shall pay the regional and local roadway mitigation fee in effect at that time. 18. Within six months of the effective date of the Conditional Use Permit the developer shall participate in the establishment of a community facilities district. Planning Commission Minutes August 11, 1999 Page No. 10 • • ENVIRONMENTAL CONDITIONS - Conditional Use Permit 4-99 1. On -site security shall be provided and maintained at a level of service to the satisfaction of the San Jacinto Police Department. At any time, the Police Department may require uniformed San Jacinto police officers to be on -site. The cost of such security and for the use of San Jacinto police officers shall be borne by the operator. 2. The Planning Commission shall review the operation of CUP 4-99, at a Public Hearing, to ensure compliance with all conditions of approval after one year of operation. Said permit shall then be reviewed annually by the Community Development Department unless otherwise provided by the Planning Commission. The cost of all reviews shall be borne by the applicant/operator. MITIGATION MONITORING PROGRAM 1. Security: On -site security shall be provided an• intained at a level of service to the satisfaction of the San Jacinto Police •a rnt. At any time, the Police Department may require uniformed San nto poli officers to be on -site. The cost of such security and for the use of S to police officers shall be borne by the operator. (Mitigation Monitorin• The --n Jacinto Police Department shall coordinate with the on -site security d shall address any inadequacies in security at the swap meet a ee -ctions are made immediately. The San Jacinto Police Departm _ ' I ke the Community Development Department informed as to compliance sure. 2. Trash: The premis condition. nuously maintained in a safe, clean, and orderly Enforcement: With the espect to all conditions which pertain to the on -going operation of the facility, including dust, noise, trash, parking and other matters, the City shall have the right to enter the property at all times to assure complete compliance with these conditions. In the event due to the receipt of complaints or through complaints or through observation it is determined that the operator is not in compliance, the City may order appropriate action to obtain such compliance. Failure of operator to comply with any order of the City shall be grounds for the City to initiate revocation procedures according to Ordinance 340, Article 17. Planning Commission Minutes August 11, 1999 Page No. 11 • • PUBLIC WORKS 1. Within six months of the effective date of this permit, the applicant/operator shall install off -site improvements as necessary to allow for proper ingress and egress to the site, and to provide appropriate acceleration and deceleration lanes, subject to the satisfaction of the City Engineer. 2. With in six months of the effective date of this permit, the applicant/operator shall offer for dedication Lyon Avenue and De Anza Drive (as realigned) to the City. 3. Within six months of the effective date of this permit, the applicant/operator shall post with the City a Letter of Credit securing all those additional off -site improvements noted in the attached Memorandum from the City Engineer to the Planning Director dated June 25, 1999. The Letter of Credit shall secure the improvements for not less than 36 months. At any time during the term of the Letter of Credit, the City Engineer shall be aut rized to exercise the Letter of Credit to install the required improvements red thereby. 4. Not later than 36 months after the e number of vendors spaces exce applicant/operator shall comp! memorandum referenced on C FIRE DEPARTMENT f this permit or when , which ever occurs first, equired off -sites as noted in 1. Incorporate Herein Fir a ents Conditions of Approval. Planning Commission Minutes August 11, 1999 Page No. 12 the the the r E CITY OF SAN JACINTO MEMORANDUM TO: FROM: Habib Motlagh, City Engineer Tim Hults, Planning Director SUBJECT: Conditional Use Permit 4-99 -Recommended Conditions of Approval DATE: June 25, 1999 The applicant shall comply with the following conditions of approval: 1. Lyon Avenue from southerly property boundary to northerly boundary shall be improved on the east side with new concrete paving and curb and gutter located 38' from center line within 50 feet'/2 width dedicated right-of-way. The existing pavement on the east side of center line shall be removed and replaced. A traffic index of 9.0 shall be utilized for the design of the structural section. Additional pavement both at north and south boundaries shall be installed to provide for adequate transition. 2. Access to Lyon Avenue and De Anza Dive shall be limited to two each, driveways shall be installed per Riverside County Standards. 3 De Anza Drive from southerly boundary of the road to northeasterly property line shall be improved with new concrete paving, curb and gutter located 32' west of centerline with 44 feet - Va width dedicated right-of-way. The existing pavement on the west side of the centerline shall be removed and replaced with pavement. 4. Six foot concrete sidewalk shall be installed on De Anza Dr. and Lyon Avenue. 5. Street lights shall be installed pursuant to Riverside County and Edison Standards along De Anza Dr. and Lyon Avenue. 6. This project is subject to sheet flooding from east and south. After completion of Line E as proposed by Riverside County Flood Control, the project will receive some drainage relief. Permanent structures shall be elevated a minimum of one foot above adjacent ground. 201 E. Main Street - San Jacinto, CA 92583 Tel: 909/654-7337 Fax: 909/654-3728 I s 7. Onsite paving and grading shall be done in a manner to perpetuate existing drainage patterns. Any increase in runoff between developed and undeveloped stage shall be retained on site. The applicant shall be responsible to prepare and submit a detailed hydrology report to support the proposed onsite and offsite improvements. 8. Onsite grading, paving, hydrology report, water, sewer (if appropriate), striping and street plans shall be submitted to the City for review and approval prior to issuance of an occupancy permit. All fmal improvement plans shall be submitted to the City in auto cad format and hard copy. 9. Phasing of improvements on Lyon Avenue is not recommended. De Anza Drive improvements may be deferred to second phase subject to installation of new driveways per the above conditions. 10. Onsite water and fire hydrants, including detector checks and backflow preventors shall be installed as required by Fire Department prior to issuance of an occupancy permit. 11. The applicant shall comply with the NPDES requirements. MACL1N Se OPEN AIR MARKETS CirY OF S ,N ,JPCIN`` L. August 19, 1999 City Council Members City of San Jacinto 201 E. Main Street San Jacinto, CA 92583 Maclin Markets Inc. AUG AO, l‘Cr4q ,.s. ('fir('1 r�°�P OF nr1111 g Ei I';fl r t4.1" .rrri Sent via FEDEX Re Appeal of planning commission decision CUP 4-99 and Change of zone 1-99 Dear City Council Members: We are appealing the August 11th 1999 planning commission decision that allowed us to continue and expand our current swap meet at 789 Lyon Avenue. Unfortunately, two costly improvement conditions and a property dedication condition, which our attorney has advised us is illegal, were attached to the permit. Unless the city council defers the improvements to the future we will again be unable to operate our business. The swap meet at 789 Lyon began in the 1940's as a livestock auction and was founded by Lawerence "Mac" Maclin, our company founder. Maclin sold the auction and market to another operator and in 1985 the family purchased back the market. The property was annexed into the city in July 1987. Several promises were made by Brian McNabb that our use was welcome and our market could continue to prosper. Nothing was further from the truth. It has been a financial and emotional nightmare for the Maclin family, its employees and vendors. After years of demands and the prospect of unnecessary costly improvements, we closed the 50-year old profitable market and moved to Lake Penis in May 1993 because we could not afford to do business in San Jacinto. For five years the land stood vacant. Since Lake Penis was a huge disappointment we tried to come back in early 1997 without any success. Our break came in November 1997 when a new council was elected and there seemed to be a pro business majority for the first time since our annexation. We were granted a temporary use permit to test if our market could be successful again. The conditions of our permit were business friendly. During our negotiations with the mayor, the city manager and Brian McNabb we were promised that the cost prohibitive demands from the past would only apply if 1. We had enough business to support such improvements and 2. The surrounding properties began to actually develop. With that promise we reopened the market on Saturdays in July 1998. We applied for a permanent conditional use permit (CUP) in May 1999 and paid $5,600 in fees. We had previously asked Tim Hults, of the city, how the motorcycle track, located close to our property, had received a permit, and were told that they had a 5-year temporary permit. Tim stated that we could not apply under that permit. Our permit came before the 7407 Riverside Drive Ontario, CA 91761 (909) 984-5131 Fax (909) 988-8041 A Ni •• planning commission on July 6 1999. We received the staff report at 5:30 PM on Friday July 2, 1999 a holiday weekend. Upon receipt of the report we were shocked by the large amount of development fees and the city engineers requirements that we must do costly street improvements immediately on Lyon Avenue which included street widening, curb and gutter, sidewalks and street lights. We raised legal issues on the assessment fees as we are not a developer requiring the issuance of building permits but are only applying for a permit to operate. The meeting was continued to August 11, 1999. At the August planning commission hearing we explained that we could not operate the market with the cost prohibitive improvements and asked the commission to follow our exhibit B proposal, (copy attached) for the phasing in of the improvements. We also submitted about 1,000 signatures supporting the swap meet and the deferral of any costly improvements. Although the planning commission did defer some of the improvements they still left two costly improvements that must be done within 6 months of city council ratification. We continue to formally protest the development and assessment fees proposed by the city and protest the excessive improvement proposal by your city engineer on legal grounds that are presented here and were presented at the planning commission. Our appeal is based on three items which we would like changed so we can operate into the future. They are as follows: 1. Defer the requirement, until phase 3_'or Maclin to install 75 paved parking places within six months of approval of the permit This stemmed from a perceived problem with the Americans with disability act (ADA). We have operated for one year now and have had no problems accommodating disabled persons. Our grounds provide ample handicapped parking and disabled persons can move freely from the parking spaces to the shopping aisles Additionally, there are provisions within ADA that improvements do not need to be made if the financial burden is too great. Spending approximately $75,000- $100,000 for ADA requirements is a huge financial burden. 2. Defer the requirement, until phase 3. that Maclin provide 300 feet ingress/egress street widening and improvements_for all entrance and exit gates located on Lyon Avenue, This requirement was based on oral comments made by the city engineer whereby he stated that this was the minimum the city should require. Mr. Motlagh used a 9/98 thumbnail traffic study coupled with a five -year -old collage swap -meet study that estimated car usage on Lyon Avenue. Unfortunately, the study forgot to state how many daily trips are made on Lyon Avenue when the swap -meet is not in operation and subtract that number from the 9/98 study. Your city attorney, in his August 10, 1999 letter pointed out this error. Even at full capacity 1 129 cars does not seem like a lot, especially since it is only two days per week. We feel you • S. should go on our history before we left in 1993. In 1993 and prior, we had over 600 vendors per weekend and over 6,000 customers. We also had a Saturday livestock auction and a lumber and tool auction every Saturday. The streets handled the traffic fine without turnouts or street widening. Our biggest problem was not enough parking. Since the livestock market and lumber auction is closed the parking problem is mitigated. Accordingly, we ask the city council to delete this condition and defer any street improvements into the future based upon the planning commissions other deferrals. 3. Delete the requirement that Maclin must dedicate land for all future planned road improvements including the realignment of Deana Avenue. Our attorney has advised us that this is illegal. Under government code section 65909(a). No city may condition the issuance of any building or use permit or zone variance on any or all of the following. (a) The dedication of land for any purpose not reasonably related to the use of the property for which the variance, building or use permit is requested. (b) The posting of a bond to guarantee installation of public improvements not reasonably related to the use of the property for which the variance, building or use permit is requested. There is no nexus between Maclin's application for a use permit and the requirement that Maclin dedicate land for all future planned improvements, including the realignment of De Anza Avenue. The dedication requirement is not reasonably related to the use of the property for which Maclin requests a conditional use permit. The dedication requirement is illegal under Government Code section 65909; Rohn v City of Visaslia (1989) 214 Cal App. 3d 1463, 1474. In this case, as in Rohn, there is nothing in the record to indicate that approval of the Maclin permit to continue its swap meet will generate such increased vehicular traffic that Maclin should provide the proposed street dedications. The City is asking Maclin to provide street dedications which are clearly not proportionate to any increased vehicular traffic caused by the Maclin swap meet. The City views Maclin's conditional use application as "the hook" it needs to acquire this property for nothing, even though the reasons for the dedication existed long before Maclin applied for its permit. The City, of course, may proceed with its general traffic improvement plans, but if it wants some of Maclin's property for a street project lacking any relation to Maclin's permit, it must appropriately pay for the land. Ironically, again, API the city attorney made reference to this in his August 10, 1999 letter to the city.(copy attached) Maclin feels that we have been more than fair and patient with this process. We proposed improvements when me felt we could afford them. We also collected about 1,000 signatures on three Saturdays from people who agree with our phase in plan. We have been ignored at both the city staff level and the planning commission. Please remember it is our property and pass a conditional use permit that we can operate under. Thank you for your consideration. Gregory L. Hahn CPA President Cc Bradley D Larsen Douglas Phillips Best Best, & Krieger TAN LCKER g ATTORNEYS AT LAW A PARTNERSHIP INCLUDING PROFESSIONA CORPORATIONS 611 ANTON BOULEVARD, FOURTEENTH FLOOR COSTA MESA, CALIFORNIA 92626-1998 DIRECT ALL MAIL TO: POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 TELEPHONE 714-641-5100 FACSIMILE 714.546.9035 INTERNET ADDRESS www.rutan.com Via Fax @ 909/654-9896 Mr. Tim Hults Community Development Director CITY OF SAN JACINTO 201 East Main Street San Jacinto, CA 92583 A W. RUTAN II 010.1)TEI JAMES P. MOORE* PAUL FREDIRIC MAR% RICHAPO A. CURNUTT LEONARD A. MAMPEL IOMN B. HURLBUT. P. MICHAEL W. IMMELL MIIFOPO W. DANI. JR. THEODORE I. WALLACE. IA' GRUEL N. %ROGER 1051PM D. CARRUTH RICHARD P. SIMS LAMES P. O'NEAL RORER! C. IRAUN THOMAS S. SAIINGEP• DAVID C. LARSEN• CLIFFORD 1. FRIIDEN MICHAEL D. RUBIN IRA G. IIVIN• MERRY M. ODERMAN• STAN WOLCOTT ROBERT S. BOWER DAVID I. ALISMIRE MARCIA A. FORSYTM WILLIAM M. MAITICOBENA TAMES I. TUCKER, SIT.IIBBB.19501 W. ➢AHL. SR. MILD -I NBR1 N. RODGER HOWELL II 9E5-11U1 ACMES L. MORRIS WILLIAM I. CAPLAN MICHAEL T. HORNAK PHILIP O. ROHN TOIL D. RUPERERG STEVEN A. NICHOLS THOMAS G. BROCKINGTON WILLIAM W. WTNDEK EVKIDIKI IWCKII DALL S RANDALL NI. BARIUSH MART M. GREEN GRIGG AMIEP MICHAEL P. SITZER THOMAS I. CRANE MARK B. FRAZIER PENELOPE PARKS M. KATHERINE IENSON OUKI S. WAHLOUIIT RICHARD G. MOMEVIDEO LORI EARNER SMITH ERNEST W. KLATTE. III ELIZABETH L. MARTYR Km D. THDMPSON IAYHE TAILOR RACER August 10, 1999 DAVID B. COSGROVE HANS VAN LIGTEN STEPHEN A. ELLIS MATTNEW R. ROSS 'REPRO WERTHEIMER ROBERT O. OWEN ADAM N. VOLKERT IEFFREY A. GOLDFARB F. KEVIN BRAZIL LAYNE H. MILLER L. SRI HARRISON EASE K. TRATNUM LARRY A. CERUTTI CAROL D. CARTY PATRICR O. MKCALEA RICHARD K. HOWELL JAMES 5. WEISZ• DAVID H. NOCHNER A. PATRICR MUNOZ S. DANIEL HAREOTTLE PAUL1. SIEfES MICHAEL K. SLATTERY MORA DUNN STEEL DAN SLATER RENT M. CLAYTON MARE BUDENSIEN IOSEPM L. MAGA, III KRAIG C. RILDER JENNIFER WHITE.SPERLING STEVEN I. GOON DOUGLAS I. DENNINGTON TRIG A. IULANDLR TODD O. ERFM KARA S. CARLSON ERIC L. DUNN OM GALANTE CRISTY LOMENTO PARKER IREIRLY T. MELCMING MIRE O. NIUE TRAIT P. FARREIL MARLINE POSE APRIL LEI WALTER RARER ELIZABETH WALTER NATALIE MIMEO OUNDAS ALISON N. BMBAROSH ;OHM W. HAMILTON. IR. LINN LOSCHIN PHIUP I. BLANCHARD TERENCI I. GALLAGHER RORERT E. RING DLLA M. HEMINOWAT IULIE R. W NAND DENISE L. MUTER W. ANDREW MOORE ALISON L. TSAO CHARLES A. DAVENPORT, III DANIEL L. GIBE" IULIE L. DREW NATASHA K. LARAMP RICHARD O. ARKO MARK M. MALOVOS NIKRI NGUTEN OF COUNSEL: EDWARD D. IYEESMA IR! DAVID J. GARIBALDI. III •A PROFESSIONAL CORPORATION CITY OF . SAY k Re: Maclin Markets Inc. Protest of CUP 4-99 Conditions Dear Tim: 6rfr., 0 rl T'c ?`P.i- OF You recently sent us a copy of a letter from Maclin Markets protesting a number of conditions that are being proposed for the conditional use permit ("CUP") for Maclin's swapmeet project (the "Swapmeet"). Maclin was previously granted a one-year temporary use permit to operate the Swapmeet on an unpaved lot at its current location with minimal or no improvements. The temporary use permit gave Maclin some time to assess the market conditions for a permanent operation, but a CUP is required to continue operations. The property will also be rezoned from Agricultural to Commercial. City staff have proposed a number of on -site and off -site conditions for the Swapmeet, including paving the parking lot and improving adjacent portions of Lyon Avenue and DeAnza Drive to handle the increased traffic that will be generated by the Swapmeet. Maclin has proposed a three-phase schedule for constructing certain of these improvements over time as the number of vendors in the Swapmeet reaches certain thresholds. For Phase I (up to 200 vendors), they would do very little other than implement dust control measures and "shore up and improve" the Lyon Avenue entrances and exits. For Phase II (from 200 up to 300 vendors), Maclin proposes to implement further dust control measures and begin installing trees. For Phase III (from 300 up to 400 vendors), Maclin proposes to "begin" paving the parking areas and to "begin" the street improvements. Maclin does not state when the improvements would be completed. 582/018275-000S/3280418. m08/10/99 UTAN &TUCKER ATTORNITS AT l A W Mr. Tim Hults August 10, 1999 Page 2 I • •• Staffs recommendation is also to allow the phasing of some of the improvements, but on a different schedule that would require Maclin to begin construction within six months after the CUP is granted. For the first phase (the current operation) Maclin would be required, after six months, to pave the parking lot at a ratio of .75 parking stalls per vendor space. For the second phase (200 vendors), Maclin would be required to pave the parking lot at a ratio of 1.5 parking stalls per vendor space. The City Engineer also recommends that Maclin initially dedicate and improve a portion of Lyon Avenue adjacent to the Swapmeet, including street widening, curb and gutter, sidewalk, street lights, and street repaving. Similar improvements would be required for De Anza Drive when the Swapmeet reaches a later phase. Staff also propose to require Maclin to pay traffic signal mitigation fees to fund future traffic signals that may be necessary due to the increased traffic generated by the Swapmeet, as well as Regional Traffic Mitigation fees to fund improvements to regional streets impacted by the Swapmeet. Finally, in accordance with City Council policy, the conditions require Maclin to join the City's Public Safety Community Facilities District (the "CFD") to mitigate the impact of the Swapmeet on public safety services. Maclin opposes these proposed conditions on essentially two grounds. First, with respect to the parking lot and street improvements, Maclin does not challenge the City's authority to require such improvements in conjunction with the granting of the CUP. Rather, Maclin simply disagrees with staff as to the extent and timing of the improvements in light of the current size of the Swapmeet and the lack of development on the surrounding properties. Second, with respect to the proposed mitigation fees and the requirement to join the CFD, Maclin asserts that the Swapmeet is not a "development project" under the Mitigation Fee Act (Gov. Code Section 66000 et mi.), and therefore the City cannot require the payment of these fees as mitigation measures under the California Environmental Quality Act ("CEQA"). We believe that the facts as presented appear to support the staffs recommendations for the on -site and off -site improvements, and that the Swapmeet is a "development project" for the purposes of the Mitigation Fee Act, but we must also point out that the Planning Commission and City Council have the discretionary authority to alter or defer any of the conditions. The main goal of a conditional use permit is to place restrictions on certain uses that could have a detrimental impact on the surrounding community by the additional noise, traffic, congestion, or other impacts created by the particular use. The criteria for granting a CUP must be established by local zoning ordinance, are usually general in nature, and are normally based on a finding that the proposed use will not have a detrimental impact on the general public welfare (Gov. Code § 65901.) Section 17.04(C)(3) of Zoning Ordinance No. 340 requires the Planning Commission to make the following findings prior to granting a conditional use permit: 582/018275-0005/3280418. m08/10/99 UTAN • &T•UCKER; AlTo RN[T5 AT LAW Mr. Tim Hults August 10, 1999 Page 3 (a) That the proposed location of the conditional use is in accord with the objectives of this Ordinance and the purposes of the zone in which the site is located; (b) That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and (c) That the proposed conditional use will comply with each of the applicable provisions of this Ordinance. The Planning Commission may grant a CUP subject to certain conditions, including but not limited to the following: requiring special yards, open spaces, buffers, fences, and walls; requiring installation and maintenance of landscaping; requiring street dedications and improvements; regulation of vehicular ingress and egress; regulation of traffic circulation; regulation of signs; regulation of hours and methods of operation; control of potential nuisances; prescribing standards for maintenance of buildings and grounds; and prescription of development schedules. (Zoning Ord. No. 340, § 17.04(C)(1).) Aside from local ordinance requirements, cities have fairly broad powers to impose conditions upon the issuance of a CUP so long as those conditions advance legitimate government interests. Such powers are derived from the local "police powers" granted to cities by Article 11, Section 7 of the California Constitution (i.e., not only from the development fee statute cited by Maclin). (Nollan v. California Coastal Comm'n (1987) 483 U.S. 825, 834-836; Candid Enterprises Inc. v. Grossmont Union High School Dist. (1985) 39 Ca1.3d 878, 885.) The concept is sometimes stated as the "authority to disapprove includes the authority to conditionally approve." However, a city's police powers are not unlimited. The main statutory limitation is contained in Government Code 65909, which provides that a local government body may not condition the issuance of a CUP on either: (a) the dedication of land for any purpose not reasonably related to the use of the property for which the variance, building, or use permit is requested; or 582/018275-0005/3780415. m08r10/99 UTAN • CKERa A T T O L N f Y 3 Al LAW Mr. Tim Hults August 10, 1999 Page 4 s • (b) the posting of a bond to guarantee installation of public improvements not reasonably related to the use of the property for which the variance, building, or use permit is requested. The obvious connection between these two sections is the requirement that a condition must be reasonably related to the use for which the permit is requested. (Anza Parking Corp. v. City of Burlingame (1987) 195 Ca1.App.3d 855, 858.) In addition to the statutory guidelines discussed above, similar restrictions on a city's police power have been developed by the U.S. Supreme Court, primarily in the cases of Nollan v. California Coastal Comm'n, supra, and Dolan v. City of Tigard, 114 SCt 2309 (1994). Briefly, these cases provide that there must be a "nexus" between the use and the condition -- the condition must address the same type of impact caused by the development or use, and the condition must be "roughly proportional" to the burden created by the development or use. In this case, it seems clear that the parking lot paving and street improvement conditions address the same type of impact caused by the Swapmeet use, i.e., increased traffic, dust control, and parking, so the real question is whether the conditions are "roughly proportional" to the burden created by the Swapmeet use. In the Dolan case, the Supreme Court said "no precise mathematical calculation is required, but the city must make some sort of individualized determination that the required dedication is related both in nature and extent to the proposed development's impact." (Dolan, 114 SCt at 2312.) According to the staff report, a trip generation report was prepared in September 1998 showing the projected daily vehicle trips that would be generated by the Swapmeet project as it expands over time. The current number of vendors is approximately 100. The trip generation report shows that daily vehicle trips would grow from 484 (with 150 vendors) to as many as 1129 (with 350 vendors). We have not reviewed any data showing the current number of daily vehicle trips, or the proportion of the total number of daily trips that would be attributable to the Swapmeet alone. The actual number of vendors and customers will depend on market conditions, so there is no definite schedule that shows how the number of vendors will increase over time. It is possible that the number of vendors will be higher or lower than projected. The on -site and off -site improvements recommended by staff are designed to address the impacts caused by the proposed increase in the intensity of use and associated traffic. The parking lot would be paved for dust control and to limit the amount of dirt carried off -site by vehicles. Lyon Avenue would be improved with new paving, a wider street consistent with the City's General Plan, driveways into the Swapmeet, and transition lanes. The City Engineer has estimated that the Lyon Avenue street improvements would cost approximately $75 ,000 to 582J018275-0005/3280118. m08/10/99 IIIIRUTAN • 8cTUCKER3 ATT OR NITS AT LAW Mr. Tim Hults August 10, 1999 Page 5 • • $100,000and the first -phase parking lot improvements approximately $50,000 to $100,000. The De Anza Drive street improvements would cost approximately $75,000 to $100,000, and the second -phase parking lot improvements would cost an additional $50,000 to $100,000. The City Engineer does not recommend phasing the Lyon Avenue improvements because the Swapmeet use requires a certain number of transition lanes and a traffic flow pattern that would be the same irrespective of the number of vendors using the Swapmeet. In sum, it would appear difficult for Mackin to argue that the parking lot and street improvement conditions are invalid or excessive. They directly address the traffic, dust control, and parking impacts created by the Swapmeet use, and they appear to be "roughly proportional" to the extent of those impacts. Moreover, the on -site and off -site improvements would be phased in as the intensity of use increases, so Mackin would not be required to construct all of the ultimate improvements up front. However, notwithstanding the City's authority to require these on -site and off -site improvements, the Planning Commission or City Council has the discretion to alter the phasing of or defer the required improvements. We would recommend that Mackin be required to post some type of financial security to guarantee the construction of any deferred improvements. Mackin also opposes the conditions that would require them to pay mitigation fees for traffic signals and regional street improvements and to join the public safety CFD to pay for the Swapmeet's increased impacts on public services. Mackin contends that the Swapmeet is not a "development project" under the Mitigation Fee Act (Gov. Code Sections 66000 through 66025), and therefore the City cannot require the payment of these fees as mitigation measures under the California Environmental Quality Act ("CEQA"). If the Swapmeet is a "development project," then the Mitigation Fee Act would apply and the Swapmeet would be subject to the impact mitigation fees normally imposed by the City on similar projects. A "development project" means any project undertaken for the purpose of development. It includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate. (Gov. Code Section 66000(a).) The current Swapmeet operation involves approximately 100 vendors on an unpaved lot with few existing structures. Maclin's CUP application proposes to continue the use as it exists, at least until the number of vendors increases to the point that parking lot and street improvements are warranted in their view. The conditions proposed by staff would allow the Swapmeet to continue without improvements for six months, after which Mackin would be required to construct certain parking lot and street improvements. It seems clear that as conditioned the Swapmeet would be a "development project" because, at some point, Mackin would be required to pull building permits to construct the parking lot and street improvements. S82/018275-0005I3280418. mD8/10/99 1 LTAN - &TUCKERS AT10I M! TS Al LAW Mr. Tim Hults August 10, 1999 Page 6 Moreover, you have indicated that even if the proposed conditions were waived or deferred, building permits may still be required for fencing, restrooms, and possibly the beer garden. If building permits are required to construct or reconstruct these improvements, then the Swapmeet would again appear to fall within the definition of a "development project" and be subject to the City's impact mitigation fees. The CUP application and staff report does not resolve this factual issue, so further investigation and analysis may be necessary. Finally, we believe it is important to look at the project as a whole when making this determination. Maclin was granted the opportunity to operate the Swapmeet under a temporary use permit for at least a year in order to assess the market conditions for a more permanent use, and under those circumstances it would be unfair to call the operation a "development project" and impose impact fees. Now that the temporary permit has expired, however, Maclin is proposing a large scale, permanent use of the site, with up to 400 daily vendors according to Maclin's own projections. Such an intensive use would unquestionably lead to clear long-term impacts in the vicinity of the Swapmeet due to the increased traffic generated by the Swapmeet, which will in turn create a need for additional public facilities to serve the project. For all of these reasons we believe the Swapmeet should be considered to be a "development project" for the purposes of the Mitigation Fee Act and, therefore, the City's mitigation fees would apply to the project. Assuming for some reason the Swapmeet is not a "development project," the City would still be able to impose mitigation measures to offset environmental impacts caused by the Swapmeet, notwithstanding Maclin's argument that the City has no such power under CEQA. It is true that CEQA itself does not grant public agencies any independent authority to impose mitigation measures. Rather, Public Resources Code Section 21004 provides that in mitigating or avoiding a significant effect of a project on the environment: a public agency may exercise only those express or implied powers provided by law other than this division. However, a public agency may use discretionary powers provided by such other law for the purpose of mitigating or avoiding a significant effect on the environment subject to the express or implied constraints or limitations that may be provided by law. Clearly, Section 21004 does not limit the City's authority to impose mitigation measures to only the provisions of the Mitigation Fee Act. The City may exercise any of its discretionary powers granted by law, including the City's general police power to impose conditions on uses and development as discussed above. Therefore, the City retains the power to impose mitigation measures to offset the significant environmental impacts caused by the Swapmeet project. 582/018275.0005/3280418. m08/10/99 ;UTAN • &_TUCKER All O R N l l S Al l A W Mr. Tim Hults August 10, 1999. Page 7 I hope this discussion assists you and the Planning Commission in the presentation of the staff report and the consideration of the conditional use permit. If you should have any further questions regarding this matter, please do not hesitate to call. Sincerely, RUTAN & TUCKER, LLP l i Eric L. Dunn Assistant City Attorney ELD: ed Enclosures cc: Mr. Mike Hanavan David J. Aleshire, Esq. $87J018275-000513280O18. m08/10199 TO: FROM: DATE: SUBJECT: Agenda 5.1 STAFF REPORT Chairman and Members of the Planning Commission Dale Stubblefield, Information Planner August 11, 1999 CONDITIONAL USE PERMIT 4-99 AND CHANGE OF ZONE 1-99 APPLICANT: Maclin Markets, Inc. 7407 Riverside Drive Ontario, CA 91761 DESCRIPTION The project involves the consideration of a Conditional Use Permit (CUP) and Change of Zone to establish a swapmeet with the potential of 350-400 vendors. Currently, the applicant has an existing swapmeet location in San Jacinto with approximately 100 vendors. Additionally, the applicant is seeking a Change of Zone from agricultural to commercial. The applicant is proposing to install the improvements in three phases based on the number of vendors (see attachment B). The site encompasses 29.55 acres with a few structures on site. The applicant proposes to do the improvements as needed, and would phase in the development as the vendor attendance increases. Additionally, the applicant is seeking to operate the swapmeet Saturdays and Sundays and would include a beer garden. The proposed phasing of the project is as follows: Phase 1, would continue the existing swapmeet with no improvements and continue the existing maintenance program until:vendor attendance is 150 a day, and include a beer garden. Phase 2, would create 100 more vendor spaces and minor on -site improvements such as some minor parking improvements. Additionally, the applicant is proposing to do limited on -site and off -site improvements. Phase 3, includes minor landscaping around the perimeter of the site and completion of all parking improvements. EXHIBITS Exhibit A: Exhibit B: Exhibit C: Exhibit D: SITE PLAN APPLICANTS PROPOSED IMPROVEMENT DEFERRAL TRAFFIC CALCULATIONS MISCELLANEOUS MAPS Planning Commission Meeting August 11, 1999 1 • ENVIRONMENTAL ANALYSIS An environmental initial study has been prepared and is attached. The initial study determined that if the project were developed according to the conditions of approval and City standards and ordinances, the project would not impact the environment. Therefore, pursuant to the California Environmental Quality Act (CEQA), Staff recommends that the Planning Commission adopt a Mitigated Negative Declaration. The environmental initial study also considered the following potential impacts, which are further addressed as conditions of approval for this project. Circulation The development of the site has the potential to cause an increase in traffic, impacting both local roadways and regional transportation facilities. According to a survey completed September 1998, this type of project at completion win generate approximately 1129 vehicle trips per day (weekend traffic see traffic calculations). This traffic has the potential to impact intersections in the closest proximity to the proposed development, and potentially generate a need to signalize these intersections. Currently, the traffic signal mitigation fee is $2700 per acre. However, the applicant is proposing a phasing plan for construction, and these fees shall be collected by the amount of the site is being used at each phase. These fees will be exacted from the project proponent prior to the extension of Conditional Use Permit. Future traffic signals will be installed at local and downtown intersections when warranted by increases in traffic volume. The streets in the area include De Anza Avenue and Lyon Street. Both streets are dilapidated and in need of repair. Additional traffic created by a swapmeet will create impacts on the existing roadways. According to the San Jacinto General Plan, Lyon Street is designated as "Urban Arterial" street with ultimate right-of-way dedication of 100'. De Anza Avenue is designated as an "Secondary Highway" with ultimate right-of-way dedication of 88'. Currently, both streets are two lanes and dedication with improvements will be necessary (see public works conditions). Based upon the extent of additional traffic generated by the proposal, additional improved lanes will be necessary. Without additional improvements to these roadways, the traffic generated by the swapmeet will lead to impacts that are detrimental and injurious to surrounding properties. Additionally, approval of a swapmeet will have an impact on regional and local streets. Because of this, the applicant shall pay into the Regional and Local Traffic Mitigation fees. Public Safety The proposed development will place additional demands on existing public safety facilities and staffing levels. The most appropriate measures of adequate public safety services include: Planning Commission Meeting August 11, 1999 2 1. Maintaining at least 1 sworn police officers per 1,000 persons; 2. Responding to all emergency fire calls within five minutes or less. Traditional funding sources for public safety service have been property and sales taxes. However, the revenue demands on the police and fire departments' operating and capital budgets exceed these revenue sources. Additionally, the additional vehicle trips generated by incremental development of the site increases the potential for automobile accidents or other emergency situations in the vicinity of the site further impacting public safety services. Additionally, similar uses tend require more police services than other commercial businesses. Swapmeets often are a outlet for stolen merchandise and require police presence 'to insure that all merchandise is not stolen. Furthermore, with the addition of a beer garden, police presence will be necessary to ensure to keep peace and safety for patrons. Therefore, it is recommended that the swapmeet join the City Public Safety Community Facility District to mitigate impacts on public safety services and pay for those additional mitigation fees in effect at the time of development. DISCUSSION The project in question is a 29.55-acre parcel located between De Anza Drive and Lyon Avenue primarily used for agricultural uses and recently used as an outdoor swapmeet. The applicant is seeking to have three phases in implementing all improvements (see Exhibit B). Phase 1, seeks to operate with no improvements and to continue with existing dust control measures until an average of 150 vendors per week is reached. Phase 2, seeks to be limited to 250 vendors and to start some improvements. Phase 3, build out the remaining vendor spaces and comete necessary improvements. Staff has proposed an alternative phasing plan alleviate any impacts. Typically, the parking ratio for swap meets is 1.5 stalls per vendor space. However, Staff recommends all parking improvements commence at a ratio of .75 parking stalls per vendor space until 200 vendor spaces are achieved. Currently, the swap meet has 100 vendors, and Staff recommends that the applicant install 75 parking stalls within six months of the effective date of the Conditional Use Permit. After 200 vendor spaces, full parking improvements shall be installed at a ratio of 1.5 parking stalls per vendor space. Additionally, the parking improvements shall be in accordance with the City requirements. Until full parking improvements are installed, unimproved parking areas are proposed. The unimproved parking areas shall be fully treated to control dust and maintain ambient air qualities. To alleviate any negative aesthetic effects or impacts, Staff recommends landscaping be incorporated and maintained along Lyon Avenue and De Anza Planning Commission Meeting August 11, 1999 3 •Drive to City requirements. All improvements shall be installed when the street 1 improvements are installed. Additionally, before any installation of landscaping a landscaping plan shall be submitted to the San Jacinto Planning Department for approval. In order to contain noise levels to a minimum, Staff recommends that no music, sounds or noises, which can be heard outside the vendors area, be permitted . In the event generators are used, such shall be properly maintained and not exceed 78 decibels at 7 meters, and shall be strategically placed to utilize any existing barriers or buildings. Staff also recommends that on -site security be provided and maintained at a level of service to the satisfaction of the San Jacinto Police Department. Additionally, Staff recommends that the market dedicate staff to ensure that the premises are continuously maintained in a safe, clean, and orderly condition with trash receptacles provided to the satisfaction of the City of San Jacinto Community Developmented of each as a day. The grounds shall be totally free of trash and debris bye Additionally, Staff recommends the outdoor market operator comply with the provisions of Chapter 9, Division 8 of the California Business and Professions Code as such code pertains to Swap Meets. The Business and Professions Code regulates how swapmeets operate and how the distribution of goods is handled. Furthermore, it regulates how vendors supply receipts to patrons and how violations should be handled. The swapmeet operator and the individual vendors shall be required to have a City of San Jacinto Business License. The current fee is $70.00 per business for one-year or until December 31 of that year. Because of the nature of the use, requiring each vendor to have a business license would not be a realistic condition. As such, Staff recommends that the swapmeet operator shall hold a current business license, and collect one dollar from each vendor everyday of operation. A report and the business license fees shall be submitted to the Community Development Department on a quarterly basis. Additionally, the site plan indicates a lumberyard and livestock auction that is not being proposed at this time. o Planning Commission Meeting August 11, 1999 4 • • • RECOMMEN DATION 1. Staff recommends that the Planning Commission adopt a Mitigated Negative Declaration 2. Staff recommends that the Planning Commission recommend to the City Council approval of Change of Zone 1-99; 3 StaUse Permit 4-99, recomends tsubject hat the the Find ngs of Factlannig Commission and Conditionalpprove and Conditions t onsof Approval; Planning Commission Meeting August 11, 1999 I p • FINDINGS OF FACT 1. The subject property is neither in seismic study area nor an "A" flood zone. 2. The zoning of the property will change from agricultural to commercial, and will be consistent with the General Plan designation. 3. Use of the site will consist of a 29.55-acre swapmeet that is proposed to established in three phases. 4. The adjacent surrounding uses consist of farms, dairies, and single-family residences. 5. The conditional use granted for the applicant shall remain in force for the amount of time prescribed by the City Council in accordance with Article 17 of Ordinance 340. 6. The proposal will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, provided the Conditions of Approval attached hereto and incorporated herein by reference are met. 7. Police services are provided by the City of San Jacinto Police Department located at 160 W. Sixth Street in San Jacinto. On -site security shall be provided and maintained at a level of service to the satisfaction of the Chief of San Jacinto Police Department. 8. Improvements will be made to Lyon Avenue and De Anza Drive per the City Engineers Conditions of Approval to alleviate the potential impacts caused by the increased vehicular traffic from the swapmeet. 9. Lyon Avenue and De Anza Drive shall be landscaped to the City's requirements, and reviewed by the Community Development Department. 10. All live music shall not be heard from any of the site's property lines. All complaints will be reviewed by the Community Development Department. Planning Commission Meeting August 11, 1999 6 o • • CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed subject to the satisfaction of the City Engineer, Planning Director, the Chief of Police, or the Fire Chief, or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. Unless otherwise stated, all plans must be approved prior to building, and all conditions must be satisfied prior to commencement of use or occupancy. PLANNING DEPARTMENT 1. The use hereby permitted is for an outdoor market located along Lyon Avenue. The effective date of this permit is the date it is ratified by the City Council. The permit will be deemed void if not implemented within six months after Council ratified. 2. Prior to the commencement of use, the permittee must sign a certificate accepting all conditions of approval and must demonstrate to the Community Development Department compliance with all conditions of approval. 3. Within six months of the effective date of the Conditional Use Permit, full parking improvements must be installed at a ratio of .75 parking stalls per vendor space before the first 200 vendor spaces may be used. For more than 200 vendor spaces, full parking improvements shall be installed at a ratio of 1.5 parking stalls per each vendor space. Additionally, the parking improvements shall be in accordance with the City requirements. 4. Outdoor market hours of operation for sales activity shall be limited to 7:00 A.M. to 4:00 P.M. Saturdays and Sundays. Set up will commence no sooner than 6 A.M. and vendors shall be gone by 5 P.M. 5. 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 to and approved by the Community Development Department, pursuant to the requirements of Article 16 of Ordinance 340. No individual vendor signs shall be visible from public streets. 6. In the event the use hereby permitted ceases operation for a period of six months or more, this approval shall automatically become null and void. 7. This Conditional Use Permit is subject to Section 17.11 of Ordinance No. 340 (permit suspension and revocation). 8. Adequate restroom facilities for the vendors and the public shall be open and available during the outdoor market operation. Adequate signage Planning Commission Meeting August 11, 1999 7 so • • shall be available to direct patrons to restrooms. All restroom facilities shall be well maintained in a clean and operable condition. 9. All electrical hook-ups must comply with all relevant provisions of the National Electric Code as adopted by the City and any necessary building permits must be procured from the Building Department. 10. All vendors shall collect California Sales Tax as required by the State Board of Equalization, and shall provide detailed receipts related thereto on a weekly basis. 11. The swapmeet operator shall hold a current business license, and collect one dollar from each vendor everyday of operation. A report and the business license fees shall be submitted to the Community Development Department on a quarterly basis. 12. All food vendors shall be certified by Riverside County Department of Health. Evidence of this certification shall be displayed prominently. 13. An emergency operations, evacuation and routing plan shall be submitted to the Department of Community Development. 14. The outdoor market shall be provided adequate facilities to ensure federal and state accessibility standards are adhered to. This includes but is not limited to the provision of adequate handicap parking and paths of travel from the parking area to all vendors and other ancillary services provided on -site. 15. The outdoor market operator shall comply with the provisions of Chapter 9, Division 8 of the California Business and Professions Code as such code pertains to Swap Meets. 16. Within six months of the effective date of the Conditional Use Permit or as otherwise authorized by the City Council, the developer shall pay the currently effective traffic signal mitigation fees. 17. Within six months of the effective date of the Conditional Use Permit the developer shall pay the regional and local roadway mitigation fee in effect at that time. 18. Within six months of the effective date of the Conditional Use Permit the developer shall participate in the establishment of a community facilities district. Planning Commission Meeting August 11, 1999 • • I . • • ENVIRONMENTAL CONDITIONS 1. On -site security shall be provided and maintained at a level of service to the satisfaction of the San Jacinto Police Department. At any time, the Police Department may require uniformed San Jacinto police officers to be on -site. The cost of such security and for the use of San Jacinto police officers shall be borne by the operator. 2. The Planning Commission shall review the operation of CUP 4-99, at a Public Hearing, to ensure compliance with all conditions of approval after one year of operation. Said permit shall then be reviewed annually by the Community Development Department unless otherwise provided by the Planning Commission. The cost of all reviews shall be borne by the applicant/operator. 3. No loudspeaker system shall be utilized, except as needed for emergency announcements. 4. No music, sounds or noises which can be heard outside of the individual sellers space is permitted. 5. Generators shall be properly maintained so as not to exceed 78 decibels at 7 meters (manufacturers' specification and/or satisfactory acoustical test shall be maintained on -site at all times), and shall be strategically placed to utilize buildings as sound barriers for uses to the south. MITIGATION MONITORING PROGRAM 1 Security: On -site security shall be provided and maintained at a level of service to the satisfaction of the San Jacinto Police Department. At any time, the Police Department may require uniformed San Jacinto police officers to be on -site. The cost of such security and for the use of San Jacinto police officers shall be borne by the operator. (Mitigation Monitoring) The San Jacinto Police Department shall coordinate with the on -site security personnel and shall address any inadequacies in security at the swap meet and see that corrections are made immediately. The San Jacinto Police Department shall keep the Community Development Department informed as to compliance with this measure. 2. Trash: The premises shall be continuously maintained in a safe, clean, and orderly condition. 3. Noise: Loudspeaker system shall be allowed for emergency announcements only. No music, sounds or noises which can be heard outside of the sellers space shall be allowed. Generators shall be allowed Planning Commission Meeting August 11, 1999 9 • I only when they create 78 decibels at less than 7 meters and only when strategically placed to utilize buildings as sound barriers to block sound from residences to the south. (Mitigation Monitors) The City of San Jacinto Code Enforcement Office and the Community Development Department may continually review the use, verify the placement of vendors with generators, and may require changes in response to complaints or concerns related to this measure. 4. Enforcement: With the respect to all conditions which pertain to the on- going operation of the facility, including dust, noise, trash, parking and other matters, the City shall have the right to enter the property at all times to assure complete compliance with these conditions. In the event due to the receipt of complaints or through complaints or through observation it is determined that the operator is not in compliance, the City may order appropriate action to obtain such compliance. Failure of operator to comply with any order of the City shall be grounds for the City to initiate revocation procedures according to Ordinance 340, Article 17. PUBLIC WORKS 1. See Attached FIRE DEPARTMENT 1. Incorporate Herein Fire Departments Conditions Planning Commission Meeting August 11, 1999 10 E CITY OF SAN JACINTO ity Council MEMORANDUM TO: Tim Hults, Plamm�n Director FROM: Habib Motlagh, City Engineer SUBJECT: Conditional Use Permit 4-99 -Recommended Conditions of Approval DATE: June 25,1999 The applicant shall comply with the following conditions of approval: 1. Lyon Avenue from southerly property boundary to northerly boundary shall be improved on the east side with new concrete paving and curb and gutter located 3 on roe om cet snter i line within 50 feet'/s width dedicated right-of-way. The existing pavement e of center line shall be removed and replaced. A traffic index of 9.0 shall be utilized for the design of the structural section. Additional pavement both at north and south boundaries shall be installed to provide for adequate transition. 2. Access to Lyon Avenue and De Anza Dive shall be limited to two each, driveways shall be installed per Riverside County Standards. 3 De Anza Drive from southerly boundary of the road to northeasterly property line shall be improYed with new concrete paving, curb and gutter located 32' west avement st of n the weerside of the with 44 feet - '/s width dedicated right-of-way. The existing st centerline shall be removed and replaced with pavement. 4. • Six foot concrete sidewalk shall be installed on De Anza Dr. and Lyon Avenue. 5. Street lights shall be installed pursuant to Riverside County and Edison Standards along De Anza Dr. and Lyon Avenue. 6 This project is subject to sheet flooding from east and south. project fter rco receive drainage n of Line E as proposed by Riverside County Flood Control, the p j relief. Permanent structures shall be elevated a minimum of one foot above adjacent ground. - . - ..-.- Cirpat • San Jacinto, CA 92583 • Tel:909/654-7337 • Fax: 909/654-3728 p • S 7. Onsite paving and grading shall be done in a manner to perpetuate existing drainage patterns. Any increase in runoff between developed and undeveloped stage shall be retained on site. The applicant shall be responsible to prepare and submit a detailed hydrology report to support the proposed onsite and offsite improvements. 8. Onsite grading, paving, hydrology report, water, sewer (if appropriate), striping and street plans shall be submitted to the City for review and approval prior to issuance of an occupancy permit. All final improvement plans shall be submitted to the City in auto cad format and hard copy. 9. Phasing of improvements on Lyon Avenue is not recommended. De Anza Drive improvements may be deferred to second phase subject to installation of new driveways per the above conditions. 10. Onsite water and fire hydrants, including detector checks and backflow preventors shall be installed as required by Fire Department prior to issuance of an occupancy permit. 11. The applicant shall comply with the NPDES requirements. 1. 2. Lead Agency: 3. Contact Person: 4. Project Location: 5. Project Sponsor: Environmental Review Project Title: CUP 4-99 & Change of Zone 1-99 Maclin Markets City of San Jacinto 201 East Main St. San Jacinto, CA 92583 Dale Stubblefield Information Planner 909-487-7330 APN Number 431-060-007 to 010,013,016,020 Maclin Markets 7407 Riverside Drive Ontario, CA 91761 6. General Plan: Community Commercial 7, Zoning: Agricultural 8. Description of Project: The project involves the consideration of an outdoor swapmeet to be located along Lyon Avenue just south of De Anza Drive. The proposed use has been in existence for a year with a one-year temporary conditional use permit. Additionally, the applicant is seeking to change the zoning of the property from agricultural to commercial and obtain a permanent conditional use permit. 9. Surrounding Land Uses and Setting The site is currently zoned for Agricultural uses, however the General Plan designation for the site is Commercial. Directly west of the project is zoned R-1 (Single Family Residential), and directly south is single-family residential. 10. Other Public Agencies whose approval is required? None Planning Commission Hearing August 11, 1999 • • AESTHETICS Less Than Significant Impact The site is partially developed with a few buildings on site. Additionally, the site is currently being used as a swapmeet on the under improved property. Continued operation of the swapmeet and further development of the site will not generate a visual impact to the area. Furthermore, with the installation of landscaping and on -site improvements, aesthetics of the property will be enhanced. Additionally, the site would not degrade or eliminate any scenic vistas. AGRICULTURE RESOURCES Less Than Significant Impact Although, currently zoned for agricultural uses, the development of the site would not change its current use. As previously stated, the site is currently being used as a swapmeet. As such, continued operation of the swapmeet will not have a major impact or eliminate agricultural resources. AIR QUALITY Less Than Significant Impact Grading activities will generate dust, smoke and odors. These impacts will be primarily short term in nature, ceasing when construction is complete. The Swapmeet will induce motor vehicle usage which will have a detrimental effect to air quality levels. Individually, this development will not have a significant impact on air quality in the South Coast Air Basin (SCAB), but the cumulative effects from the development of the site will contribute to the overall air quality problem in the SCAB. However, the establishment of a swapmeet will increase shopping opportunities in the valley have the potential to reduce emissions. Trips will be shorter as valley residents will not have to travel out of the area. During construction and grading, the site will be watered to control dust. Additionally, regular sweeping and clean up of adjacent streets shall be undertaken. Also, all mud and dirt shall be removed from construction equipment and vehicles prior to leaving the site. Parking improvements must commence at a ratio of .75 parking stalls per vendor space until 200 vendor spaces. After 200 vendor spaces parking improvements shall be at a ratio of 1.5 parking stalls per vendor space. Additionally, the parking improvements shall be in accordance with City requirements. Planning Commission Hearing August 11, 1999 2 • BIOLOGICAL RESOURCES No Impact The site is currently used for an outdoor swapmeet with approximately 100 vendors. Additionally, he site there N be no impact on endangered and/or threatened animals or their habitats as a result of the approval of the change of zone and the condition use permit. CULTURAL RESOURCES No Impact The a is currently used swapmeet routinely ri nd approval of thezonechange and the CUP notoffset ordesty maintained ny historical or paleontological resources. GEOLOGY AND SOILS No Impact The site is not located in currently flat with no unique and CUP will not introduce site. HAZARDS AND HAZARDOUS MATERIALS No Impact Approval of the change of zone and the Cores Ional once or adversely impact human t will not increase the risk of upset, interfere with emergency p health. HYDROLOGY AND WATER QUALITY Less than Significant Impact The entire property is located in Zone "X non -shaded", which is an area determined to be outside the 500-year flood plain. However, the project will generate site run off, which is considered to be local drainage flows. Facilities that convey local drainage to a regional system include local streets, ditches, arily, the pchannels is bornebyheldeve developer. the other' re cost of local drainage improvements dhand, regional drainage imprr ovements is the cumulative impact of local storm run off. Therefore, all local run off must be conveyed in a manner consistent wit the Regional Master Plan for the San Jacinto Area. This project ojThct will cont nt ibu eregsite generated nuisance water to the regional sy stem. a known seismic/fault hazard landforms or features. Approval of the zone change substantial construction of habitual buildings to the 3 Planning Commission Hearing August 11, 1999 • • drainage will be mitigated through payment of storm drain fees prior to the issuance of a building permit. LAND USE AND PLANNING No Impact The proposal involves a request for a change of zone and conditional use permit is to create an outdoor swapmeet with an ultimate build out of 350-400 vendors. The current zoning of the property is agricultural. However, the General Plan designation is Commercial. The applicant is seeking to change the current zoning to reflect the current General Plan designation. The surrounding area is in transition from agricultural uses to single-family residential. Several tentative tract maps have been approved and conditioned to reflect any potential impacts. Additionally, the site is currently operating as a swapmeet operation with few improvements. In the past, this use has been considered as temporary and improvements were not necessary. Currently, the applicant is seeking a permanent conditional use permit and a change of zone from agricultural to commercial. The only fore seen change would be the installation of improvements to the site and the surrounding streets. Additionally, approval of the conditional use permit and zone change would create commercial opportunities for the surrounding neighborhood, and would not impact the existing land use patterns and/or community plans, environmental plans or policies. MINERAL RESOURCES No Impact Approval of the conditional use permit and zone change will not generate a substantial increase in energy consumption or reduce existing mineral resources. The use is existing, however the will be some reduction in mineral resources with the installation of permanent improvements. NOISE Significant Impact unless Mitigation Incorporated The intensity of the proposed use would impact the surrounding uses. However, the use can be conditioned to mitigate any impacts. Hours of operation will be limited to Saturdays and Sundays only, and any loud speakers will be limited and conditioned to only be heard inside the project. The site will need improvements, and construction of said improvements would increase noise levels. However, construction will be short in nature and will cease when construction is completed. Planning Commission Heating August 11, 1999 4 • • • • • POPULATION AND HOUSING No Impact The approval of the project will not increase population and housing in the area. Additionally, the proposal is not expected to significantly decrease the supply of affordable housing in the community. Therefore, the proposal is not expected to affect population projections. PUBLIC SERVICE Less Than Significant The proposed development will place additional demands on existing public safety facilities and staffing levels. The most appropriate measures of adequate public safety services include: 1. maintaining at least 1 sworn police officers per 1,000 persons; 2. Responding to all emergency fire calls within five minutes or less. Traditional funding sources for public safety service have been property and sales taxes. However, the revenue demands on the police and fire departments' operating and capital budgets exceed these revenue sources. Additionally, the additional vehicle trips generated by incremental development of the site increases the potential for automobile accidents or other emergency situations in the vicinity of the site further impacting public safety services. Therefore, it is recommended that the project join the City Public Safety Community Facility District to mitigate impacts on public safety services and pay for those additional mitigation fees in effect at the time of development. Additionally, a swapmeet has the potential to impact police services. Swapmeets generally have higher volume of stolen merchandise than do other commercial businesses and require a additional police presence. Furthermore, the approval of the CUP would create a beer garden within the swapmeet, and would create a need for additional police service. RECREATION No Impact The proposal will not increase the demand on recreational resources. The project would establish an outdoor swapmeet and change of zone to commercial. Planning Commission Hearing August 11, 1999 5 r • TRANSPORTATION ! TRAFFIC Less than Significant unless Mitigation Incorporated The streets in the area include De Anza Avenue and Lyon Street. According to the San Jacinto General Plan, Lyon Street is designated as "Major Arterial" street with ultimate right-of-way dedication of 100'. De Anza Avenue is designated as an "Secondary Highway" with ultimate right-of-way dedication of 88'. Currently, both streets are two lanes and dedication with improvements will be necessary. Additionally, approval of a swapmeet and its additional traffic flow will continue to cause dilapidation of local and regional streets. Because of this, the applicant shall pay into the Local and Regional Traffic Mitigation fees. UTILITIES AND SERVICE SYSTEMS No Impact The proposal is an existing swapmeet operation that is seeking a conditional use permit and zone change. Approval of the project will not impact or require additional utility services. Planning Commission Hearing August 11, 1999 p • • APPENDIX G Environmental Checklist Elam 1. Project title: Cup 4-99 & Change of Zone 1-99 2. Lead agency name and address: City of San Jacinto Lui L. main St. San Jacinto, La 92583 3. Contact person and phone number: Dale Stubblefield (9091 4R7-7_3'10 4. Project location APN / 431-060-007 to 010, 013, 016, 020 location. 5. Project sponsor's name and address: Maclins Market 7407 Riverside Drive Ontario. Ca 91761 Commercial 6. General plan designation: 7. zoning: 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) Agriculture tpp Attarhad Fnvir_ 9. Surrounding land uses and setting: Briefly describe the project's surroundings: RAP Attarharl Fnvirnnmantal Review 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) See ALLdLhed Environmental Review ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Biological Resources ❑ Cultural Resources ❑ Hazards & Hazardous Materials ❑ Hydrology / Water Quality ❑ Air Quality • Geology /Soils ❑ Land Use / Planning 1 Final Text - October 26, 1998 ❑ Mineral Resources El Noise ❑ Population I Housing P❑ Public Services El Recreation ClTransportation/Traffic ❑ Utilities / Service Systems [ 1 Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. • • I find that although the proposed project could have a significant effect on the environment, there not a thenificant ro eect proponentthis A MITIGATED NEGATIVE DECLARATION wilbeen bemade by or agreed to by P j proponent. prepared. EI find that the proposed project MAY have a significant effect on the environment, and an NVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at leatle onaal effect 1) hasrds, bee) has en adequately analyzed in an earlier document pursuant to applicable9 been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately ybin n an aearlieror EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Bale Stubblefield Printed name June.11, 1999 Date City of San Jacinto For EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact° answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose 2 Final Text - October 26, 1998 • sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative aas wellastprojt project -level, indirect �asowellll as direct, ands onconstr construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the shecflcant with mitigation, or thte an significaer the nt. 'Potentiallyact is tpositentially canttImpact is , less than significant an or mOfeapoif there tentally's substantial Signfcant Impact' effect determination is made, an EIR inificant. If there are s 0 required. on 4) "Negative of Declaration: mitigation measures) Significant reduced antleffect from 'Potentially applies ignificante the IImpac "Less Than Significant Impact.' The lead agency must describe the mitigation measures, l r o a and briefly explain how they reduce the effect to a lebe chosssreferenced)ve (mitigation measures from Section XVII, "Earlier Analyses," may 5) Earlier analyses may be used where, pursuant to the tiering,. program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope ads ds,yandastate whetherzed in an asluch ier eoecmement pursuant to appl cble legal stan effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are 'Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were rated or refined conditions for from itions a herprodocument and the extent to which they address site -specific 6) Lead agencies are encouraged to incorporate to n into orthe ordinances). checklistreferences frcesrto information nf r cation sources for potential impacts (e.g., generalinclude aretorance to previously prepared or outside document should, where appropriate, the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 6) This is only a suggested form, and lead agencies are free to use different formats; however, leadBaagencies s ciie should normallyl effects n addressesthever questionsormat s frseom this checklist that are relevant to a prod 9) The explanation of each issue should identify: a) the significance criteria or threshold, if measure identified, if any, t reduce the used to aimpact to less than nsigni significance b) the mitigation 3 Final Text - October 26, 1998 • SAMPLE QUESTION Issues: I AESTHETICS -' Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of r would adversely affect day or nighttimeviewsligglare which in the area? II AGURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmlandthe of Stppurde suant to ortance therFaand), as shown rmlland Mapping on the maps prepared and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? IIIIII AI�VA- - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporation Irrpact Impact ❑ ❑ ❑ ❑ ❑ ❑ El El CI 0 El E ❑ ❑ © ❑ 4 Final Text - October 26, 1998 • • a) Conflict with or obstructplucimplementation of the applicable air quality b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in lfor which the project regions nonconsiderable net increase - attainment criteriamnpollutant licable federal or state ambient air quaky t under daapplicable air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV BIOLO I A RESOURCES ~ Would the project: a) Have a substantial adverse effect, either directly foed through habitat modifications, orsspecialnstatus species in localesidenfi candidate, andigiaoneal plans, policies, or regulations, or by the or regionalDepartment of Fish and Game or U.S. Fish and CaliforniaC Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural regulcommunity odrbntfie in local or regional plans, policies, California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on f 4erallof y the protected wetlands as defined by SectionClean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantiallywith l wtldlife spa enhe tor aof nth y native resident or migratory fish or established native residentmigratory wildlife corridors, or impede the ofnative wildlenurrserysites? 5 • ❑ ❑ ❑ a ❑ ID CI a ❑ ❑ ❑ ❑ ❑ ❑ e ❑ ❑ ❑ ❑ to so Ell ❑ � ❑ ❑ ❑ ❑ Final Text - October 26, 1998 • e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. TAL RE50URCES — Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? rc) siteor nor unique geologicufeaturenique ?aleontological • d) Disturb any human remains, including those interred outside of formal cemeteries? AN — Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic -related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, andpotentially subsidence,liquefactionitore l colalp a?ide, lateral spreading, d) Be located on expansive soil, as defined in Table 18- 1-B of the Uniform Building Code (1994), creating substantial risks to life or property? ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 113 e ss Final Text - October 26, 1998 • e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Would the project: c a) Create sih the hazardifint routine transport,' use tor he environmmentt throro ngg disposal of hazardous materials? e) Create a significant reasonably foreseealble upset and environmentic or the through throng accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e)For a project located within not been airport adopted,land thinuse ptwo or,lan where such a plan has miles of a public airport or public use airport, would the project result in ro of area? and for people residing or working in the p j f) For a project within the vicinity of a private airstrip, would the project result in asafety arhazard for people residing or working in the project a)Impair implementation response or plan oryelnterfere me emergency with an adopted emergency evacuation p h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildiands are adjacent to urbanized areas or where residences are intermixed with wildiands? Would the V project: a) . Violate any water quality standards or waste discharge requirements? ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ • e e 7 Final Text - October 26, 1998 • b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwaterpre-existing wells would drop too a level1on rate of pre-existing nearby which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing ingthdrainage etin pattern of the of the site or area, including through course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surfacellu toff in a manner which would result in flooding o e) Create or contribute runoff water which would exceed the capacity of eor xisting nter drainage systems or provide addtionalsourcesof polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal orl other flood hazard ood Hazard adelinear tion od Insurance Rate Mapa map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? IX LP ND USFPLANNING Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? ❑ ❑ ri] ❑ ❑ ❑ © ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑El El D ❑ ❑ ❑ ❑ ❑ ❑ ❑ Ix� 8 Final Text - October 26, 1998 • .Ir.icen� RFSg-VI-C-Ea — Would the project: a) Resut in of a esourcelthat twould sbefof value to the regionnmineral and the r residents of the state? b) Result in the loss of availability of a locally -important mineral resource plan oreothernlanddon a use plan?al plan, general plan,,specific I N 1 — VVould the project result in: a) Exposure of persons to or generation of noise levels in excess of standards establthe locs oal f oenther plan o or noise ordinance,applicable agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels velsthe in the t?project vicinity above levels existing e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? — Would the project: n PATION A a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and roadsbusoor thine es)indirectly inr(for example, through extension of b) Displace substantial construction of rs of housing necessitating the elsewhere? cDisplace construction numbers of people, sting the of replacemenhunelwhere? • • DODD ❑ ❑ El Et El ❑ ❑ ❑ © ❑ El e Final Text - October 26, 1998 • • XIII_ P_ ERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which d ordercause sigmnificant acceptable environmental impacts,u service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? ?V,oFrRFATION — a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substant accelerated?rioration of thefacility would occurorbe b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? `J_� pRTATION/TRAFFIC — Would the project: a) Cause an increase in traffic which is substantial in relation o the existing result in a substantraffic load tial capacity ncrease in either street system (i.e., the number of vehicletrips, at intersections)? eto capacity ratio on roads, or congestion b) Exceed, either individually or cumulatively, a level of service standard ncyforshed desibnated roadthe s or highways? estion management agency 9 c) Result in a change in air traffic•patterns, including teither an hat increase in traffic substantial safety is or a change in location risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous i tersions) or incompatible uses (e.g., eq ent P ) e) Result in inadequate emergency access? f) Result in inadequate parking capacity? • ❑ El © ❑ CI © ❑ ❑ ❑ D El ❑ ❑ 10 Final Text - October 26, 1998 r g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? • VI UTIL I IF S N RVICE SY TM Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, significanthe env envruction of which ironmental could cause mental effects? the ) Have sufficientwater me'resle to resources, ore are e project from existingnt tlents and new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? 11 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ El ti Final Text - October 26, 1998 • • XVII MANDATORY FINDINGS OF SIGNIFICAN a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce The number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable'? (`Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? •ess than Potentially Significant Significant With Impact Mitigation Less Than Significant No Impact Impact ❑ ❑ ❑ CI ❑ ❑ ❑ ❑ ❑ 12 Final Text - October 26, 1998 rA] ,wl fro • OIIIT !A-wt SITE PLAN (EXISTING) ` ,#„« u. �Iwur ‘k PARCEL 2r MINTY MAP 11.n as MOOS. M-.. L! LEGEND MOTOCM .OIL U•MMTOCI AOCSOII ono NO MMLT-TI-SIOO COW — an a MOWN IW11O4 MOM MOTH WOO W tl MT• 11 MO GYRO MAU= SITE PLAN AMENDMENTS woo*ER/APRICANT TM »!-Y- 001. =WOO. CA. m!! ASSESSOR'S PARCEL No.'S •AST-M--IIS-SM.ITT.OT•SN LEGAL DESCRIPTION M»»-! Of WY LOT w OF TM LOOS Of THE UM •ACNTO LASS MI004T044. AS UPON Mr MY A !MOO. SO- L PM! LIT Of INS. -COROS OF 4I MOO CoSSY, WIIYOLI TLS.»T A.-cn ACREAGE YWE !M/I .T m1iSR, pIOOS@ eI I AIA1 USE IO!»! OHM Op MAO(R IMMMOI 5•WI AM MARKET No. OF PROPOSED LOTS NIA VTIUTIES ILS'SMO WOTYIY OLL.IFOIV44. m•OM SAO 6011711011 COD -MA ON CO. MOOR OY.Ma -MR a Tanloc 5Tl. T6MMR GENERAL PLAN SIM= W..IOou IWRXM-f MP»WLY»T IOOI•C1 • • e EXHIBIT "B" Madill Markets, Inc. San Jacinto, CA Conditional Use Permit aces rented to vendors�a nnndaivnat In addition to the on going requirements set forth by the city we feel obligated to propose certain other improvements/mitigation measures to inse that our market will not only prosper but maintain certain aesthetic and community friendly s. 1. Dust control measures would include before market and vendors. watering of all dirt areas being utilized by thetpatrons We have had good success in keeping the dust to a minimum during the past year. 2. We will shore up and improve the existing entrance/exits on Lyon Ave. to insure greater safety for incoming/out going traffic. a v•,.' a _4 1 1 i d 1. Implement a combination of watering and AQMD approved chemical applications to minimize dust. 2. Begin a tree placement program adding drought tolerant trees along the fence line to give the market a nicer street appeal. a -4 v 1. Begin paving of parking areas and vendor aisles to eliminate dust. 2. Begin street improvements to accommodate the increase in traffic. 3. Participate in surrounding area development including street realignment on Deanza and sewer/ utility upgrades. This would apply if the area surrounding the market development.sactual development versus the current proposed M NB FloodWe tole a - 100 yes Nod (sheds') Lures :reed hmurenes Pre ►rep ref City M San Jukes. ley 17. 1990 WAY „ „;"" „l MANR, MK1hr July 25.1991 H90.032-002 NB hay Propo Genera' plan Ism Lew Daniel' Residemlal ;kidlum DIP* Re demlal I dulMal Publk FsC h! I Pah sears. cur el �N h Impre an u, d use u.e WRY IN1.0►+r+ II.roll INI.NI • July 25. 1991 H90-032. 002 • s114 V. nt�MY • Circul n Element Lyon Ave. 10a1' Valet Hiphway I3a ' a,l llal H2pI' (••banl DiAnis d. Sr Secondary Highway Dowd : Chy d San JecNb Nmlh....1 lonowoTant Ple(ea CNnnWbn Eisen... NB .. 1 111/111/ wR4 „1�„1 • n11waV11. erg. Lasholis ml.yw July 25,1991 H90.032.002 • 'O . 0 1▪ ' SAN Exlat enerai OIan F l I Auri ANWwnNN / ►yriduliwo Ler D.mM RMW.nlld urea : Chy el San J> cI Im °Moral Plan NI% Y nnlnniv„LLf IM IU u I nI M Yr Mr nlra Mtllr 81. `O MOW. July 25.1991 H90.032-002 I. 2.37 at Change Ct Zone Exhibit APPLICANT/OWNER Raclin Markets 7402 Riverside Drive 2.39at Ontario, CA 91761 17i1 984-5131 (gee) 7,12 ac 2 NG Existing: Lt. Agriculture Proposed: C-2 ASSESSOR PARCEL RUMMERS 431-060-007,008,009,010, 013,016,03..0 Z00' LAND USE Existing: Open air market Proposed: Open air market ACREAGE 29.55 acres UTILITIES Water: EMWD Sewer: EMWD Gas: So. Cal. Gas Elect' So. Cal. Edison LEGAL DESCRIPTION Portions of Farm Lot 138, lands of the San Jacinto Land Assoc., shown by map on file in Book 8, page 357 of maps, Records San Diego County, attached(See for detailed description) GOO ]0' Area I, NBS . . WRY „„.,,,. ..— �oW,..t n,rm11611011 GOO' July 25.199I 1490.032.002 Propo� Zoning • Solute.: Cl V of !an Jacinto ()♦naval Plan mlu•uIu$be • WAY p_to nt mnt+el t. —la�+a trI4 July 25,1991 H90.032.002 ' NB (‚Co. Circa?. DeAnu DIN, • 6' Lyon Av.. •ae' Sewell telly el San Jacinto G,n,lal Plan WAY y�I n11V nl Y ... am all 11I In iSw II ow' July 25.1991 H90.032-002 r!n �I Nat �i IIoII o§ Ism � -- ■r�z , to . UO�1 ila I�NQ4 (woof .nt A.Wus Co' sNtet PneRdM SCALE ,-_,oee't LEGEND. Pib - PRMUr n1 cUtsnOM Rcs - ag@afAL - AMfeU1.1MN[ OfMI - cOM1[RC.I VAC - v eurt R[C - Rt moicom -p iNGINEERING HE3OURCE3 i ]Ye L MAIM K •gR 7' WPM CA essaA tee -all • • ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING CHANGE OF ZONE 1-99, RECLASSIFYING THE PROPERTIES KNOWN AS MACLIN OPEN AIR MARKET, LOCATED AT 789 N. LYON AVENUE (APN 431-060-007, 431-060-008, 431-060- 009, 431-060-010, 431-060-013, 431-060-016, 431-060- 020), TO C-2 (GENERAL COMMERCIAL) THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On August 11, 1999, the Planning Commission conducted a public hearing and recommended approval of a proposal to change the zone of the subject site, as shown on Exhibit "A" attached hereto and incorporated herein, from "A" (Light Agriculture) to C-2 (General Commercial); Section 2. On September 16, 1999, the City Council conducted a public hearing and approved the Change of Zone of the subject site, as shown on Exhibit "A" attached hereto and incorporated herein, from "A" (Light Agriculture) to C-2 (General Commercial); Section 3. That the official Zoning Map of the City of San Jacinto is hereby amended by adding thereto Change of Zone 1-99 as herein set forth. Section 4. That the zoning of the property in the City of San Jacinto, as shown on the map marked Exhibit "A" attached hereto and incorporated herein, is hereby established. Section 5. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published in a newspaper of general circulation printed and published in the County of Riverside, State of California. Introduced at a regular meeting of said City Council on the 16th day of September 1999. • • MOVED, PASSED AND ADOPTED at a regular meeting of the City Council on the day of , 1999 by the following vote. AYES: NOES: ABSENT: ATTEST Mayor 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 , 1999. WITNESS my hand and official seal of the City of San Jacinto this day of City Clerk -2- EXHIBIT A w Change' Of Zone Exhibit APPLICANT/UER 277 ac Dw Raclin Markets 7407 Riverside Drive Ontario, -CA 91761 (all 984-5131 (oi4 is 7.12sc y ia Existing: Lt. Agriculture Proposed: C-2 ASSLSSOR PARCEL NUMBERS 431-060-007,008,009,010, 013,016,03E LAND USE Existing: Open air market Proposed: Open air market ACREAGE 29.55 acres UTILITIES water: EMMD Sewer: EMWD Gas: So. Cal. Gas Elec:' So. Cal. Edison LEGAL DESCRIPTION Portions of Farm Lot 138, lands of the San Jacinto Land Assoc., shown by map on file in Rook 8, page 357 of maps, Records of San Diego County, California. attached(See etaileddescription( dfor • • • EXHIBIT "C" °CUP 4-99 Maclin Markets Swapmeet Operation Traffic Calculations Phase 1 Vendors 150 Customers Per Day 1500 Daily Vehicle Trips 484 Inbound 242 Outbound 242 Phase 2 Vendors 250 Customers Per Day 2500 Daily Vehicle Trips 806 Inbound 403 Outbound 403 Phase 3 Vendors 350 Customers Per Day 3500 Daily Vehicle Trips 1129.03 Inbound 565 Outbound 565 Parking Per Vendor Riders Per Vehicle Customers Per Vendor 1.5 3.1 10 Notes: 1. Customers per day was based on survey conducted 9/98, and CUP 3-94 &Oa' Base 17 WEIVIyAy 110+1 6• 111111.1111Y to 111 MIVJMV i�.IJ411 VYL1V July 25.1991 H90-032.002