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HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 4/2/2009AGENDA REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL APRIL 2, 2009, 7:00 p.m. 2045 South San Jacinto Avenue San Jacinto Unified School District Board Room, San Jacinto, CA 92583 1. ORGANIZATION 1.1 Call to Order 1.2 Roll Call 1.3 Invocation 1.4 Pledge of Allegiance 1.5 Special Presentations 1.5.1 Proclamation Recognizing Robert Ashburn 1.5.2 Human Relations Council of the Greater Hemet, San Jacinto and Menifee Region Tenth Anniversary / Mary Morse, President, accepting 1.5.3 Girls Varsity Soccer Team (San Jacinto High School Lady Tigers) and Coaches Recognition 2. PUBLIC COMMENTS: Now is the time for the public to address the Council on any subject within the jurisdiction of the City Council not listed on the agenda. A limitation of three (3) minutes shall be set for each person desiring to address the City Council. 2.1 City Manager's Report on previous month's public comments 3. CONSENT CALENDAR 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 be removed and/or discussed. if an item is pulled, it will be heard at the end of number '5. Staff Reports.' 3.1 March 19, 2009 Minutes — Regular Meeting / Approve / City Clerk 3.2 Continuation of the Proclamation of the Local State of Emergency due to high and damaging winds / Approve / City Attorney City Council Agenda April 2, 2009 Page 2of5 3.3 Emergency Report for Ramona Expressway erosion prevention improvements and determination of need to continue emergency Public Works contracting pursuant to Public Contract Code 22050 / Approve / City Attorney and City Manager 3.4 Measure A Local Streets and Road Program - Maintenance of Effort (MOE)/ Receive and File calculation of MOE / Interim Finance Director 4. PUBLIC HEARING 4.1 Planning Commission approval of Conditional Use Permit 4-92, Amendment 1 to amend a previously approved Conditional Use Permit for a substance abuse recovery facility for women to increase the maximum number of residents from 30 to 37, and to add an 1,800 sq ft four bedroom manufactured home on 2.36 acre parcel zoned R-1 (single family residential) at 2220 Girard Street (APN 439-160-022) / Ratify Planning Commission's approval of Conditional Use Permit 4-92, Amendment 1, subject to their Conditions of Approval / Planning Director 4.2 Ordinance No. 09-10 / An ordinance (Zoning Amendment Ordinance No. 01- 09) regarding the Gateway area and city-wide wireless telecommunications facilities / Planning Director Approve introduction and first reading of Ordinance No. 09-10 and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto, California, approving amendments to Article 23, Section 23.76, Wireless Telecommunication Facilities, to Amend the City's Regulations Establishing Standards for Wireless Telecommunications Facilities in the Gateway Area and City-wide 4.3 General Plan Amendment 3-07, Planned Unit Development 2-06 and Tentative Tract Map No. 34664 / Continued from January 22, 2009 / Continue item to May 21, 2009 / Planning Director / A proposal to change the General Plan designation on a 4.01 acre parcel from Low Density Residential to Medium Density Residential and to change the zoning from single Family Residential (R-1) to Two -Family Residential -Planned Unit Development (R-2-PUD), and to subdivide the property into 37 single family residential lots; located on the west side of Kirby Street approximately 330 feet north of Esplanade Avenue / Applicant: Mario Zamorano, 3590 S. Dartmouth Lane, Rowland Heights, CA 91748 a) Adopt the Mitigated Negative Declaration b) Adopt Resolution No. approving General Plan Amendment 1-07 based upon the Planning Commission's recommendation City Council Agenda April 2, 2009 Page 3 of 5 c) Ordinance No. 09-02 for the Planned Unit Development 2-06 based on Planning Commission's recommendation / Approve introduction and first reading of Ordinance No. 09-02; and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto, California, approving a Change of Zone from Single Family Residential (R-1) to Two -Family Residential PUD (R-2-PUD), located on the west side of Kirby Street, north of Esplanade Avenue in the City of San Jacinto, County of Riverside d) Approve Tentative Tract 34664 subject to the attached Conditions of Approval 5. STAFF REPORTS At the end of the scheduled City Department items, 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 pulled. Speakers should limit comments to three (3) minutes. 5.1 Resolution No. / A resolution recognizing the need for a Project Area Committee for the proposed adoption of the merger of and amendments to the redevelopment plans for the San Jacinto Redevelopment Project Area and the Soboba Springs Redevelopment Project Area; adopts the procedures for the formation and election of the Project Area Committee; and calls for the formation of the Project Area Committee / Approve and Adopt / Redevelopment Operations Manager 5.2 Resolution No. A resolution renaming Potter Road as Lyon Avenue from De Anza Drive to Record Road / Approve and Adopt / Planning Director 5.3 Demolition of 181 E Main Street (former city's museum) and 201 E Main Street (former city hall): a) Approve specifications; and b) Direct city clerk to advertise for bids; and c) Appropriate $28,000 from the General Fund Capital Reserve Fund 5.4 Ordinance No. 09-09 / An ordinance repealing Ordinance No. 06-22 and conditioning the development of property to include non-residential development projects within certain areas on the financing of improvements for the San Jacinto River Levee, Stage 4 / Planning Director Approve introduction and first reading of Ordinance No. 09-09 and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto, California, Repealing Ordinance No. 06-22 and Conditioning the City Council Agenda April 2, 2009 Page 4of5 Development of Property within Certain Areas on the Financing of Improvements for the San Jacinto River Levee, Stage 4 5.5 Updated City-wide Speed Survey by RK Engineering / Approve and direct Public Works Department to implement speed limit recommendations / City Engineer 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 7. CLOSED SESSION 7.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One (1) case 7.2 CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Barry McClellan, City Manager/ Jeff Ballinger, City Attorney Employee organization/ Unrepresented Employee(s): SEIU & Management 8. ADJOURNMENT If you challenge any action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council (c/o the City Clerk) at, or prior to, the public hearing. 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, 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. lf, 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 (951) 537-6358, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. DOCUMENTS RELATED TO OPEN SESSION AGENDAS (SB 343) -- Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the City Council Agenda April 2, 2009 Page 5 of 5 meeting is available for public inspection at the public counter located in the Administration Building of City Hall, 595 S San Jacinto Avenue, San Jacinto, California, 92583. I, Dorothy L. CFiouinard, City Cferkof the City of San Jacinto, do fierehy certi that I caused to 6e posted the foregoing agenda this 27th day of March, 2009, as required 6y faw. (Dorothy L. Chouinard, City Clerk MINUTES REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL MARCH 19, 2009, 7:00 p.m. 2045 South San Jacinto Avenue San Jacinto Unified School District Board Room, San Jacinto, CA 92583 1. ORGANIZATION 1.1 Call to Order Mayor Dale Stubblefield called the regular meeting of the San Jacinto City Council to order at 7:04 p.m. M/S/C (Mansperger / Potts) moved to approve adding item 5.2 as an urgency item. Motion carried 5/0. Ayes: Ayres, Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: None Abstain: None 1.2 Roll Call Present: Jim Ayres, Steve Di Memmo, John Mansperger, Jim Potts, Dale Stubblefield Absent: None 1.3 Invocation Pastor Carl Tomsen, Living Water Christian Ministry, gave the invocation. 1.4 Pledge of Allegiance Chris Carlson led the Pledge of Allegiance 1.5 Special Presentations 1.5.1 Business Spotlight of the Month / Superior Collision Center Auto Body and Paint / Don and Teresa Spraggs accepting Economic Development Manager Sharon Merritt presented Superior Collision Center Auto Body and Paint as the Business Spotlight for March, 2009. Superior Collision Center has been in business in San Jacinto since 2008. Their business is located on a one acre parcel located at 1203 S State St. They have a 7,000 square foot building and the latest in high tech equipment. They also restore classic cars and Mr. Spraggs teaches classes in Industry Collision Repair Courses City Council Minutes March 19, 2009 Page 2 of 9 (ICRC). Economic Development Manager Merritt then compared the costs of starting their first business in 1969 versus what it cost in 2008. Mrs. Spraggs spoke and thanked the city council and staff, and noted how helpful everyone was. Vice Mayor John Mansperger commented that he was one of their first customers and likes the first class building they added to San Jacinto. Councilmember Jim Potts also commented on their work and noted that the city's antique police car was brought to them for some repairs and they did a wonderful job. 1.5.2 April 2009 Is Child Abuse Prevention Month Proclamation / Art Hernandez, Prevent Child Abuse Riverside County Board Secretary, accepting Mr. Hernandez joined Mayor Stubblefield at the podium. After reading the proclamation, Mayor Stubblefield presented the proclamation to Mr. Hernandez. Mr. Hernandez thanked the city council and Mayor Stubblefield for their support. 1.5.3 Proclamation to VFW 12020 Memorial Honor Guard Team 45 of the Riverside National Cemetery Mayor Stubblefield invited the nine members that were present from the Memorial Honor Guard Team 45 to join him at the podium. Mayor Stubblefield then read the proclamation and presented it to the team. Mr. Contreras thanked the city council for the recognition of their team. 1.5.4 Proclamation in Appreciation of Robert Morgan's Volunteerism Mayor Stubblefield read the proclamation and then presented the proclamation to Robert Morgan. Mr. Morgan thanked the city council and noted it was an honor to play taps for the city's events. 1.5.5 Proclamation Honoring Specialist Ryan Price This item was taken out of order and heard ahead of item 1.5.4. Mayor Stubblefield read the proclamation and presented it to Army Specialist Ryan Price. Tom Wilson from Assemblyman's Paul Cook's office presented a resolution from the California State Assembly to Specialist Ryan Price. Councilmember Steve Di Memmo also noted that Ryan Price had been awarded the Bronze Star from the United States Army. City Council Minutes March 19, 2009 Page 3 of 9 Councilmember Jim Ayres commented that this was a great tribute to a great young man and a great American. Vice Mayor John Mansperger concurred with Councilmember Ayres statement and also noted that all of our veterans are heroes. Councilmember Jim Potts thanked Specialist Price and all veterans for protecting our country and noted the sacrifice that each of them have given for their country. He also welcomed home all of the Vietnam Veterans. Councilmember Di Memmo thanked Specialist Price for his service and he noted that contractors from all over the valley will assist him (to make his home more accessible) and he thanked him for protecting us. Mayor Stubblefield also thanked Specialist Price for what he has done in protecting our country and stated that he has the council's support. 2. PUBLIC COMMENTS: Patricia Mayne, 1766 Carrera Dr; San Jacinto - stated she is here on behalf of Save Our Communities (SOC) and they are opposed to the Soboba Fee to Trust. She then stated that SOC has learned of two important developments on the federal level: • The first one is a United Stated Supreme Court decision, in which the authority of the Secretary of the Interior to take lands into trust extends only to those tribes under federal jurisdiction. In 1934, when the Indian Reorganization Act was passed, the Soboba tribe was recognized. However, with this decision the congress may decide to revamp the entire Fee to Trust process. The California State Association of Counties and other organizations are asking the Department of the Interior to halt all Fee to Trust applications until new regulations are enacted • The second item is Senator Diane Feinstein's Bill S338 which has passed the Senate and is going to the House. The bill deals with a requirement that the Pomo Indians follow the two part determination process under the Indian Gaming Regulatory Act (IGRA). SOC is asking for the city's legal representation to write letters of support for these two pieces of federal legislation and court decisions, stating the city's desire to have more local input into the Fee to Trust process. SOC is also asking for the city to add a mitigating issue to the Oaks Fee to Trust issue. The Oaks will add increased traffic; therefore SOC is asking that an extension of Esplanade Avenue be incorporated into the mitigating issues. Loren Pratt, 881 Sussex Rd, San Jacinto — stated that he is the Captain of his Neighborhood Watch Community and they are bordered on three sides by Ramona Expressway, Eagle Street and Idyllwild, right across from San Jacinto High School. City Council Minutes March 19, 2009 Page 4of9 He explained that they went through the process to have the speed limit reduced on Eagle. They submitted a letter from their neighborhood and within 5 days they had a response from City Manager Barry McClellan stating their request had been approved and the city was moving forward with a speed survey. Within twenty-four hours the speed survey equipment was in place on their street. He also thanked the Police Department and specifically Sgt. Allen and thanked him for meeting with people in his neighborhood and answering their questions. City Code Enforcement sent out Phil Hallberg, who showed up on a Sunday at five o'clock p.m. to assist and answer any questions that the citizens from the neighborhood had. His community is working on getting petitions signed to put two speed humps in their neighborhood. He thanked the city and the police department for their rapid response and follow through. 3. CONSENT CALENDAR 3.1 March 5, 2009 Minutes — Regular Meeting / Approve / City Clerk 3.2 Warrants and Disbursements February 2009 / Approve / Interim Finance Director 3.3 Treasurer's Report at February 28, 2009 / Receive and File / City Treasurer 3.4 Ordinance No. 09-08 regarding Change of Zone 7-08 / Applicant: Robert McCormick representing Verizon Wireless / 27 Via Granada, Rolling Hills, CA 90274 / Planning Director Ordinance No. 09-08 / An ordinance approving Change of Zone 7-08 based upon Planning Commission's recommendation 1 Approve second reading and adopt Ordinance No. 09-08 and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto, California, approving a Change of Zone from Downtown Residential (D-R) to Downtown Commercial (D-C) at 300 East Main Street in the City of San Jacinto, County of Riverside 3.5 Continuation of the Proclamation of the Local State of Emergency due to high and damaging winds / Approve / City Attorney 3.6 Emergency Report for Ramona Expressway erosion prevention improvements and determination of need to continue emergency Public Works contracting pursuant to Public Contract Code 22050 / Approve / City Attorney and City Manager 3.7 Single Audit Report fiscal year ended June 30, 2008 / Accept and File / Interim Finance Director City Council Minutes March 19, 2009 Page 5 of 9 3.8 Senate Bill 621 (SB 621) Gaming Impact Grants Fund Financial Statements for the year ended June 30, 2008 / Receive and File / Interim Finance Director 3.9 Report on Appropriations Limit Calculation for the year ended June 30, 2008 / Receive and File / Interim Finance Director 3.10 Audited Financial Statements - June 30, 2008 / Accept and File / Interim Finance Director 3.11 Resolution No. _ / a resolution supporting the City of Temecula's annexation request submitted to the Local Agency Formation Commission (LAFCO) / Approve and Adopt / Assistant City Manager 3.12 2008 Cable TV Franchise Report year ended December 31, 2008 / Receive and File / Interim Finance Director Councilmember Ayres requested that item 3.11 be pulled and moved that council table this item until a date uncertain. M/SIC (Ayres / Di Memmo) moved to pull item 3.11 and table the item to a date uncertain. Motion carried 5/0. Ayes: Ayres, Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: None Abstain: None Mayor Stubblefield abstained from item 3.1. M/S/C (Ayres / Mansperger) moved to approve the balance of the Consent Calendar with Mayor Stubblefield abstaining from item 3.1. Motion carried 5/0. Ayes: Ayres, Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: None Abstain: Stubblefield on item number 3.1 4. PUBLIC HEARING None Mayor Stubblefield opened the Redevelopment Agency (RDA) meeting at 7:38 p.m. RDA meeting agenda items 3.1 and 5.1 were heard followed by simultaneous hearing of RDA 5.2 and City Council 5.1. City Council Minutes March 19, 2009 Page 6 of 9 5. STAFF REPORTS 5.1 Resolution No. 3249 / A resolution setting forth the Health and Safety Code section 33445 findings and authorizing the Redevelopment Agency of the City of San Jacinto to pay for the costs to construct the landscaping around the parking lot at the Estudillo Mansion and Heritage park / Redevelopment Operations Manager a) Adopt said resolution b) Adopt an amendment to the RDA Budget to allocate funds in the amount of $15,840.00 This item was heard in connection with item 5.2 on the Redevelopment Agency agenda. Redevelopment Operations Manager Steven Pasarow gave the staff report. A total of twelve bids were received and the low bid was provided by EZ Sunnyday Landscape. The construction period is anticipated to last no more then seventy-five days. Councilmember Di Memmo asked since the city already has an existing contract with EZ Sunnyday Landscape, will this contract be attached to the existing contract? Redevelopment Operations Manager Pasarow responded that this will be a separate contract. M/S/C (Mansperger / Stubblefield) moved to adopt resolution No. 3249 as presented and Adopt an amendment to the RDA Budget to allocate funds in the amount of $15,840.00. Motion carried 5/0. Ayes: Ayres, Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: None Abstain: None Mayor Stubblefield recessed the Redevelopment Agency meeting at 7:41 p.m. and reconvened the regular meeting of the city council at 7:41:30 5.2 Change Order for replacement of corroded rafters at Bath Tank No. 2 (CIP 07-021 / Deputy City Engineer & Public Works Director a) Authorize the city engineer to approve a change order to Bank Tank No. 2 structural repair project to replace 20 badly corroded roof rafters; and b) Allocate an additional $40,000 from the Water Capital Fund to cover the cost of the change order City Council Minutes March 19, 2009 Page 7 of 9 City manager Barry McClellan reviewed the item and the reason for it being an urgency item. Public Works Director Mike Emberton explained that when they were doing maintenance on these rafters, it became evident that the rafters are corroded and absolutely have to be replaced. The new rafters will last approximately twenty-five years after they are replaced. M/S/C (Mansperger / Di Memmo) moved to approve the urgency item and the change order request for replacement of the corroded rafters in Bath Tank No. 2 as presented. Motion carried 5/0. Ayes: Ayres, Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: None Abstain: None Mayor Stubblefield recessed the regular meeting at 7:43 p.m. to hear the Redevelopment Agency Agenda and reconvened the council's regular meeting at 7:46 p.m. 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 6.1 Sub -Committee and/or Agency Agendas / Receive and File / City Clerk Councilmember Di Memmo reported that on Saturday night he attended an engagement at March Air Force Base with members of the 101st Airborne Division. The survivors are planning on going back to Normandy to commemorate that event. Councilmember Potts reported that he took the antique police car to Hemet for a car show, and won the top prize in Hemet and another event in San Jacinto as well. He was at the neighborhood cleanup and it was a great day. This morning he was at RCTC regarding the Perris / San Jacinto Line Ad Hoc Committee. Councilmember Ayres and Vice Mayor Mansperger passed on giving their reports. Mayor Stubblefield reported that the neighborhood cleanup was another great event and he thanked staff for their help. They painted curbs and filled a number of trash bins. The next neighborhood clean up will be on May 9th on Idyllwild. The City's local Police Activities League (PAL) is planning on participating as well. Earlier today he went and recorded on the Valley Connection. In his six minute segment he spoke about the upcoming traffic improvements, the business retention program and the neighborhood clean ups. He also attended a SOC committee meeting this morning with County Supervisor Jeff Stone. He also noted that next Thursday will be the first quarterly meeting with City Manager McClellan and County Supervisor Stone. If anyone has any topics that they wish to have discussed, please bring them to the City Council Minutes March 19, 2009 Page 8 of 9 City Manager. He also noted that next Saturday he will be attending the VFW award ceremony. Mayor Stubblefield recessed the regular meeting at 7:50 p.m. and reconvened in Closed Session at 8:00 p.m. 7. CLOSED SESSION 7.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One (1) case No reportable action 7.2 CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Name of case: Saad El Wardany v. City of San Jacinto, et. al; U.S. Dist. Ct. Case No. EDCV09-0299 SGL No reportable action 7.3 CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Barry McClellan, City Manager/ Jeff Ballinger, City Attorney Employee organization/ Unrepresented Employee(s): SEIU & Management No reportable action 8. ADJOURNMENT With no further business before the city council, Mayor Dale Stubblefield adjourned the meeting at 9:25 p.m. City of San Jacinto By Dale Stubblefield, Mayor Attest: Dorothy L. Chouinard, City Clerk City Council Minutes March 19, 2009 Page 9of9 Approved as read Approved as amended AGENDA ITEM 3• Z April 2, 2009 TO: The Honorable Mayor and Members of the City Council FROM: City Attorney SUBJECT: Continuance of the Proclamation of the Local State of Emergency due to the Severe High and Damaging Winds RECOMMENDATION: Staff recommends that the City Council, by motion, approve the continuance of the Proclamation of the Local State of Emergency due to the Severe High and Damaging Winds. DISCUSSION: On October 26, 2007, the City Council approved Resolution No. 3117 proclaiming and ratifying the existence of a local emergency, as issued by the Director of Emergency Services/City Manager and resulting from the extreme high and damaging winds that began on or about 12:00 a.m. (midnight) on October 21, 2007. Government Code section 8630 requires the City Council to review, at its regularly scheduled meetings until the local emergency is terminated, the need for continuing the local emergency. ALTERNATIVES: 1) Consent to the continuance of the Proclamation of the Local State of Emergency (Staff Recommendation). 2) Do Not Consent to the continuance. FISCAL IMPACT: The City's ability to obtain or continue to receive federal, state or regional disaster/emergency relief funding may be impacted if the City Council does not Consent to continue the proclamation of the local state of emergency. Substantial budgetary impacts are apparent for recovery efforts to include substantial employee overtime salaries; purchases of materials, supplies and equipment; use of private contractors/force labor; and other repairs to city right-of-way facilities (Preliminary estimates range from thirty five to fifty thousand dollars). Budgetary assistance and reimbursement is available from Federal Emergency Management Agency (F.E.M.A.) for related costs for limited recovery efforts to critical infrastructure including: electrical, power, telecommunications, water supply, public safety, and transportation. ATTACHMENT: ■ Resolution No. 3117 Page 1 of 1 Approvals City Manager: Finance Director] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION NO. 3117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO CONFIRMING THE CITY MANAGER/DIRECTOR OF EMERGENCY SERVICES' PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY WHEREAS, section 2.36.060(A)(1) of the San Jacinto Municipal Code empowers the Director of Emergency Services/City Manager to proclaim a local emergency if the City Council is not in session and requires that the City Council shall take action to ratify the proclamation within seven days thereafter; and WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within the City of San Jacinto, as a result of due to severely high and damaging winds commencing on or about 12:00 a.m. (midnight) on the 21st day of October, 2007, at which time the City Council of the City of San Jacinto was not in session; and WHEREAS, the City Council does hereby find that the above described conditions of extreme peril did warrant and necessitate the proclamation of the existence of a local emergency in the vicinity of San Jacinto; and WHEREAS, the City Manager acting as the Director of Emergency Services did proclaim the existence of a local emergency within the City on the 22nd day of October, 2007. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Jacinto that the Proclamation of Existence of a Local Emergency, as issued by the Director of Emergency Services/City Manager, is hereby ratified and confirmed. BE IT FURTHER RESOLVED that the local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of San Jacinto, and that until such time, the City Council shall review, at each of its regularly scheduled meetings until the local emergency is terminated, the need for continuing the local emergency. BE IT FURTHER RESOLVED that City staff is hereby authorized and directed to take any action that may be necessary or convenient to assist in obtaining federal, state or regional disaster/ emergency relief funding. Page 1 of 2 167 APPROVED, PASSED, and ADOPTED by the City Council of the City of San Jacinto at a special meeting of said Council held on the 26th day of October 2007, by the following vote: Ayes Ayres, Mansperger, Stubblefield Nays None Absent Carlson, Ritchie Abstain None ATTEST: City of San Jacinto APPROVED AS TO FORM: BEST, BEST & KRIEGER LLP i3 y D= rothy Cho; inard, City Clerk 'JefPBallinger, City Attomey Page 2 of 2 AGENDA ITEM 3•�- April 2, 2009 TO: The Honorable Mayor and Members of the City Council FROM: City Attomey and City Manager SUBJECT: Review of Report on Emergency for Ramona Expressway Erosion Prevention Improvements and Determination of Need to Continue Emergency Public Works Contracting, pursuant to Public Contract Code 22050 RECOMMENDATION: Review Staff Report and by Motion, determine, by a four -fifths vote, that there is a need to continue the public works improvements authorized at the December 19, 2008 City Council meeting. DISCUSSION: Recent severe rainstorms have caused a sudden, unexpected occurrence of erosion along Ramona Expressway, causing a clear and imminent danger, demaning immediate action to prevent or mitigate the loss of, or damage to, life, health, property or essential public services, which would be caused by further erosion and the deterioiration of the recent Ramona Expressway improvements. As a result, on December 19, 2008, the City Council authorized the execution of a public works contract with Pokrajac Corporation for the improvement of the Ramona Expressway right of way in order to address the erosion controls. Prior to that award, the City Engineer obtained quotes for the emergency project using an "alternative bidding procedure" under the San Jacinto Municipal Code, wherein the City Engineer obtained price quotes from one or more potential contractors or suppliers. The City Engineer recommended the quote that was determined to be the lowest and in the best interests of the City. That work is currently underway, and is expected to be completed in January or early February at the latest. Public Contract Code section 22050 requires the City Manager to report to the City Council, at this regular meeting, the reasons that the emergency will not permit a delay resulting from further competitive solicitation for bids and why the action is necessary to respond to the emergency. Approvals City Manager: Page 1 of 2 Finance Directo The City Council is also required by Public Contract Code section 22050 at this meeting, and at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four -fifths vote, that there is a need to continue the action. In this case, the sudden, unexpected occurrence of erosion along Ramona Expressway, as well as the continued existance of a rainy season, causes a clear and imminent danger, demaning immediate action to prevent or mitigate the loss of, or damage to, life, health, property or essential public services, which would be caused by further erosion and the deterioiration of the recent Ramona Expressway improvements. Therefore, pursuant to Public Contract Code section 22050(b)(3), the emergency will not permit a delay resulting from further competitive solicitation for bids and the continued work on Ramona Expressway is necessary to respond to the emergency. Moreover, pursuant to Public Contract Code section 22050(c)(2), City staff believes that, based on the same reasons stated above, there is a need to continue the action. Therefore, City staff recommends that the City Council make this determination as well. ALTERNATIVES: 1) Review and approve this report, and determine that there is a need to continue the action (Staff Recommendation). 2) Do not make such a determination, thereby terminating the public works contract. FISCAL IMPACT: The City Council, at the December 19, 2008 special meeting appropriated the necessary funds for the award of the contract, with the ability to recoup those costs if they are reimbursable from funds such as TUMF. Therefore, this action will have no fiscal impact, above and beyond that which was identified on December 19, 2008. ATTACHMENTS: None Page 2 of 2 AGENDA - TRANSMITTAL FORM TO: Dorothy L. Chouinard, City Clerk Enclosure: Staff Report for CC meeting of April 2, 2009 [CC or RDA] (date) Calculation on Maintenance of Effort amount for Measure A Local Streets and Roads Program X Consent Calendar Item Public Hearing Item: Notice required yes no Copy attached yes no Published (date(s)) Notices sent (date(s)) City Departments Item Attachments include (this needs to match the attachment list in the Staff Report: 1. Copy of letter and calculation submitted to RCTC 2. RCTC 2009 Measure A Local Streets and Roads MOE Guidelines Other: Please provide a fully executed copy of documents to: _ Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: Name of person that will be presenting item at the meeting DATE: 03/24/09 Connie Rogers -Elmore Inieri Director finance AGENDA ITEM 5.4 TO: April 2, 2009 The Honorable Mayor and Members of the City Council FROM: Connie Rogers -Elmore, Interim Finance Director VIA: Thomas Prill, General Accounting Manager SUBJECT: Measure A Maintenance of Effort calculation RECOMMENDATION: Receive and File calculation of Maintenance of Effort amount for the Measure A Local Streets and Roads Program. BACKGROUND: The Riverside County Transportation Commission (RCTC) adopted Ordinance No. 02- 001 in 2002, which approved a county -wide transportation expenditure plan and placed Measure A on the November 2002 ballot to secure voter approval of a 1/2% sales tax to fund transportation improvements. On November 5, 2002, Riverside County voters approved Measure A and collection of the sales tax will begin on July 1, 2009. RCTC approved the Measure A Local Streets and Roads Program Maintenance of Effort (MOE) Guidelines at its September 12, 2007 meeting. RCTC's Ordinance No. 02-001 imposes specific requirements on local agencies wishing to receive Measure A funds. In order to ensure continued local effort to maintain local streets and roads, the Ordinance requires that local agencies continue to expend the same amount for construction and maintenance of local roads which they have expended in the past. The guidelines establish MOE requirements and are intended to satisfy RCTC's responsibility to ensure that local transportation expenditures are maintained. DISCUSSION: In order to receive 2009 Measure A Local Streets and Roads funds beginning in July 2009, the City must comply with RCTC's guidelines. These guidelines require the City to establish its MOE amount, based on fiscal year 2007/2008. The guidelines state that the MOE amount should be based on the discretionary funds expended as reported in the State Controller's Annual Report of Financial Transactions for Streets and Roads (Streets Report) for fiscal year 2007/2008. However, if extraordinary expenditures during that fiscal year make this amount unrealistic, the guidelines allow for the use of alternate calculation methods. The alternate calculation methods require RCTC's approval and consist of: averaging the discretionary funds reported in the Streets Report for the three year period of fiscal years 2005/2006 through 2007/2008; subtracting extraordinary expenditures from the discretionary funds reported on the 2007/2008 Streets Report; or petitioning RCTC for special consideration. Staff prepared the City's calculation of MOE amount using the second alternate calculation method, subtracting extraordinary expenditures from the discretionary funds reported on the 2007/2008 Streets Report. The MOE amount calculated was $315,777.69. This would be the amount of discretionary funds the City must expend on local streets and roads construction and maintenance on an annual basis in order to receive Measure A funds beginning in July 2009. This calculation and support documentation was submitted to RCTC on February 18, 2009. As of yet, the City has not received a response from RCTC regarding their approval or rejection. Per RCTC's guidelines, the MOE amount will be reevaluated and revised in 2019 and 2029. FISCAL IMPACT: None currently. The MOE amount calculated will be considered the minimum the City must spend in discretionary funds on local streets and roads construction and maintenance in order to receive Measure A funds. ATTACHMENTS: Copy of letter and calculation submitted to RCTC RCTC 2009 Measure A Local Streets and Roads MOE Guidelines February 17, 2009 Riverside County Transmission Commission Attn: Theresia Trevino 4080 Lemon Street, 3`d Floor Riverside, CA 92502-2208 RE: 2009 Measure A MOE Base Year Amount Dear Ms. Trevino: As requested, attached is the calculation of our 2009 Measure A Maintenance of Effort (MOE) Base Year Amount. We prepared the calculation under section 1.B.2.b. of the MOE Guidelines, and have calculated our new Base Year amount as $315,778. As a result, we respectfully request the Commission's approval to use this amount for our 2007/08 Base Year. While we have prepared the calculation according to the MOE Guidelines, we have some issues with how our 2007/08 Streets Report was prepared by the State Controller's Office, as it has been for several years. Hopefully, our calculation and reasoning (as well as our support documentation) is acceptable. Thank you for your time and attention to this matter. if you have any questions. please feel free to call me at 951-537-6352 or tprill(aJsanjacintoca.us. Sincerely, Thomas Prill, CPA General Accounting Manager CITY OF SAN JACINTO MEASURE A MOE - NEW BASE YEAR (2007/08) CALCULATION PREPARED: FEBRUARY 17, 2009 Per Guidelines I.B.2.b.: 2007/08 Streets Report - Other Discretionary 2,120,795.00 Less: Undistributed Administration & Engineering (512,171.00) A Less: Acquisition of Equipment (432,338.00) B Less: Lease Principal & Interest included in Maintenance (34,763.00) C Less: Unknown amount included in Maintenance (181,945.00) D 959,578.0D A. Our contract Engineering Department does not support Streets Department. $400K of this amount was for Plan Check services (PW and Landscape), and Landscape was reclassed for 2008/09. The remaining $112K was for City employee support of contract Engineering Department and Overhead. All Streets -related Engineering is charged directly to Capital Projects via invoices. B. In 2007/08, the City purchased a new Street Sweeper, Striper truck, VersaLift, and Pick-up. C. Principal and Interest on the Lease for the equipment was included. and should not be. Departments have an Equipment Replacement Charge, calculated like depreciation. D. Unknown amount included by SCO as Discretionary Maintenance. SCO included Public Works Admin as a reportable department, even though Streets and Storm Drains departments already included PW Admin Overhead. Recalculation: Streets Department - #010-4150 Less: Machinery & Equipment Less: Principal & Interest Total Storm Drains Department - #010-4140 Less: Machinery & Equipment Less: Principal & Interest- not deducted because Equipment Replacement charge not charged Total 390,611.86 (163,971.73) (11,972.38) 275,885.53 (268,353.78) Street Sweeping Fund - #056-4150 347,728.00 Less: Machinery & Equipment (249,926.30) Less: Principal & Interest - not deducted because Equipment Replacement charge not charged Less: State revenue (CSA 152) received - non -discretionary funds (65,075.41) Total Capital Projects - attached CIP schedule #02-019 Miscellaneous Traffic Control Devices 21,330.00 #05-101 Speed Bumps, Surveys 13,525.00 #05-107 Asphalt Improvements - Older section of town 1,181,496.73 Less: Prop 1B funds included (552,416.00) #07-006 Esplanade Avenue Rehab - reimbursement from City of Hemet - not included - #07-007 Santa Fe Avenue Rehab 200.50 #07-008 Hewitt Street Improvement 25,796.40 Total 214,667.75 7,531.75 32,726.29 689,932.63 Total to approximate Streets Report 944,858.42 Less: Development Agreement Funds identified for Streets Capital Projects in 2005/06 Budget Introduction (page VII) used in #05-107 in 2007/08 - $1 M identified, only $32,137 and $7,138 was expended in 2005/06 and 2006/07, respectively Total - Measure A MOE 2007/08 Base Year Amount E-F (629,080.73) 315,777.69 E F RIVERSIDE COUNTY TRANSPORTATION COMMISSION 2009 MEASURE A LOCAL STREETS AND ROADS MAINTENANCE OF EFFORT GUIDELINES INTENT Ordinance No. 02-001, adopted by the Riverside County Transportation Commission in 2002, approved a county -wide transportation expenditure plan and called for the placement of Measure A on the November ballot to secure voter approval of a 1/2 percent sales tax to fund transportation improvements. On November 5, 2002, Riverside County voters approved Measure A and collection of the sales tax will commence on July 1, 2009. Ordinance No. 02-001, in accordance with state law, imposes specific requirements on local agencies wishing to receive Measure A funds. In particular, in order to ensure continued local effort to maintain local streets and roads, the Ordinance requires that local agencies continue to expend the same amount for construction and maintenance of local roads which they have expended in the past. The guidelines set forth below establish specific maintenance of effort requirements and are intended to satisfy the Commission's responsibility to ensure that local transportation expenditures are maintained. GUIDELINES I. In order to qualify for Measure A funds, each local agency entitled to funding under Ordinance No. 02-001 must demonstrate a continuing commitment of local discretionary funds to local street and road improvements and maintenance. The following actions are required annually to show a continued maintenance of local effort: A. Each local agency must submit to the Riverside County Transportation Commission ("Commission") a list of proposed uses for Measure A funds for the next five fiscal years (5-Year Plan). B. Each local agency must provide a certification to the Commission that Measure A funds will not replace existing local discretionary funds being used for local transportation purposes. Examples of local non -discretionary funds include, but are not limited to, gas tax revenues, federal funding, and local transportation funds (LTF). This certification shall be based on one of the following findings: 1. That the same level of discretionary funds was expended for local streets and roads purposes during the past fiscal year as was reported in the State Controller's Annual Report of Financial Transactions for Streets and Roads for fiscal year 2007/08 (herein referred to as the "base year"); or 2. That extraordinary expenditures made by the local agency during fiscal year 2007/08 make use of the State Controller's Annual Report for that year unrealistic. In this case, the local agency may, upon approval of the Commission, determine its local maintenance of effort requirement using one of the following methods: a. Averaging the amount of local discretionary funds reported to the State Controller for the three year period of fiscal years 2005/06 through 2007/08; or b. Subtracting extraordinary expenditures (including but not limited to assessment district funds, redevelopment agency contributions, or other non- recurring contributions) from its total expenditures during the 2007/08 fiscal year. Development impact fees paid by developers constructing new housing to offset the impact of development on local streets and roads may be subtracted only if the Iocai agency does not use such funds to satisfy its maintenance of effort requirement, or c. Petitioning the Commission for special consideration. The Commission recognizes that there may be cases where the two methods described above will not produce a dollar amount which adequately reflects the agency's past commitment of local revenues to the construction and maintenance of local streets and roads. In such cases, the Commission may establish a new minimum level of local streets and roads expenditures for the local agency based on factors which the Commission determines are relevant. The Commission may also allow, in its sole discretion, a local agency to use developer fees to satisfy its maintenance of effort requirement. A local agency petitioning the Commission under this provision has the responsibility of presenting evidence which shows the need for special consideration and which supports the new minimum expenditure limit. C. For cities incorporated after July 1, 2007, the base year shall be the average of the first three fiscal years of operations. The maintenance of local effort requirement shall apply to all fiscal years subsequent to the base year. D. The maintenance of local effort shall be reevaluated and revised in 2019 and 2029 using the guidelines in Section 1.8 above with the following substitutions: a. In 2019, the fiscal year reference shall be 2017/18 and the three- year period of fiscal years shall be 2015/16 through 2017/18. The revised base year will be effective in fiscal year 2019/20; and b. In 2029, the fiscal year reference shall be 2027/28 and the three- year period of fiscal years shall be 2025/26 through 2027/28. The revised base year will be effective in fiscal year 2029/30. II. The Commission may, in its sole discretion, order an independent audit of a local agency's local streets and roads expenditures to verify that the maintenance of effort requirement has been met. III . When a local agency does not meet its maintenance of effort requirement in the fiscal year, the allocation to that agency in the following fiscal year will be reduced. The amount of the reduction will be an amount equal to the amount which the agency's expenditures were below the maintenance of effort requirement. Revenues withheld from a local agency for failure to meet the maintenance of effort requirement will remain in the Measure A area in which the agency is located, and will be allocated to the local agencies in the area, that are in compliance with the maintenance of effort requirement, using the allocation formula specified for the area. IV. Ordinance 02-001 also requires that local agencies, in the Western County and Coachella Valley areas must, in addition to meeting the maintenance of effort requirement, implement the Transportation Uniform Mitigation Fee (TUMF) developed by the Western Riverside Council of Governments (WRCOG) or the Coachella Valley Association of Governments (CVAG), respectively, in order to be eligible to receive Measure A Local Streets and Road Program funds. In addition, local agencies in the Western County must participate in the Multi Species Habitat Conservation Plan (MSHCP) by endorsing the permit and executing the Implementation Agreement in order to be eligible to receive Measure A Local Streets and Road Program funds. Funds withheld from a local agency in these areas for failure to implement the TUMF or the MSHCP will be disbursed to the Commission or CVAG, as applicable, and must be used by the Commission or CVAG for the regional arterial program. Local Streets and Road Program formula funds disbursed to the Commission or CVAG will be credited as local match funds for the Measure A Regional Arterial Program formula funds. V. For the purpose of determining the amount of local discretionary funds expended by a local agency for local street and road purposes during a fiscal year, the agency may use any local discretionary funds expended for local street and road purposes during the preceding years which were in excessof the agency's maintenance of effort requirement as determined by the Commission. APPROVED BY RCTC: September 12, 2007 O. c 0.12 + 0.11 + 0.17 + 0.17 + 0.11 + 0.10 + 0.19 + 0-12 + 0.08 + 0.03 + 0.17 + 0.17 + 0.17 + 0.1B + 0.17 + 0.18 + 0.17 + 0.17 + 0.17 + 0•00 + 0.04 + 0.17 0.21 + 0-08 + 3.32 t761.(tve.s. t 6 r 5 C:Uf e.5.os thet'S 2 5ivors 7-5 si hors 3 s 441-adqx,Li Lu os,16 Ok' ar'S up pod; ' 114"1 4, 0 din LI c3 LILQA- MEMORANDUM TO: The Honorable Mayor and City Council Members FROM: Rick Miller, Deputy City Clerk DATE: April 2, 2009 SUBJECT: La Vista Recovery Center for women Enclosed are 4 letters that have been received by the City Clerk's office after the agenda was published. Included are: 1. Letter From Supervisor Jeff Stone 2. E-mail from Dr. Patrick MacAfee 3. unknown person, letter was distributed throughout the neighborhood. 4. E-mail from Donald Britt Thank you! SUPERVISOR JEFF STONE THIRD DISTRICT April 2, 2009 City of San Jacinto City Council 595 S. San Jacinto St. San Jacinto, CA 92583 Honorable City Council Members: I am respectfully writing to encourage your support and approval of La Vista's bid for a Conditional Use Permit Amendment they are requesting for the addition of a 1,800 square foot mobile to house their perinatal residents and an increase in residential capacity from 30 to 37. I understand that this is only their second request in 29 years for an increase in the number of women they will be able to serve and that this requested increase will provide extended transitional care to 7 women completing their treatment program. Our county has a severe shortage of quality facilities focusing on substance abuse treatment for women and I fully support La Vista's mission and admire the dedication of this agency for the work they have done over the past three decades. I urge your continued support and your favorable consideration of La Vista's request for expansion of their existing Conditional Use Permit. Sincerely, E istrict Supervisor J S/rr RIVERSIDE OFFICE 408U LEMON STREET, 5TR FLOOR RIVERSIDE, CA 92501 (951) 955-1030 FAx: (951) 955-2194 DISTRICT OFFICE: MENIFEE 29995 Ev, NS ROAD, SUITE 103 SUN CITY, CA 92586 TOLL FREE 1-866-383-2203 (951) 301-5414 • FAx: (951) 301-8571 VERNE LAURITZEN, CHIEF OF STAFF E-MAIL: district3@rchos.org HEMET OFFICE 1025 N. STATE STREET HEPIEI, CA 92543 (951) 791-3490 FAX: (951) 791-3465 Rick Miller From: Claudia Maunz Sent: Wednesday, April 01, 2009 8:31 AM To: Dorothy Chouinard Cc: Rick Miller Subject: FW: LaVista Center for Women Claudia Maunz Executive Assistant City Manager's Office City of San Jacinto ph. 951-487-7342 Original Message From: Patrick MacAfee [mailto:patickmagnolia@att.net] Sent: Wednesday, April 01, 2009 7:27 AM To: Info Subject: LaVista Center for Women Good morning! CITY OF SAN J ;C: My name is Dr. Patrick MacAfee, and I am writing in support of LaVista's work in the community. There are many contributions they make, they are nationally known, and have established themselves are a first class treatment center, specifically for women. I have been in the field of addictions/recovery for forty years, and am very proud of my association with them. This note is in complete support. I will be at the meeting tomorrow evening. Thank you, Respectfully, Dr. Patrick MacAfee si'ECE VED S.AN jAClNTO March 256, 2009 Dear Neighbors: Please see the attached NOTICE OF PUBLIC HEARING. Please ,if you can, attend this hearing as we do not want the La Vista Recovery and Wholeness center for women to continue its expansion in a residential district. It affects our property values, our children's safety and the overall appearance of our neighborhood. I believe that it is in our best interests to oppose this expansion. These women come from all walks of life and we do not know there current or past associates. Some are court ordered to be at this facility and others are walk-ins. I believe in the cause, but housing more than 30 women who have substance abuse problems in a residential district is not acceptable. Please attend this hearing in opposition of this matter. It is next Thursday at the City of San Jacinto School District at 7 p.m. Our valley already has too many of these facilities compared to other communities and we are getting a reputation as a place to go for people with drug issues. I plead with you to help protect our neighborhood. We have to stand together and fight for this city. Thanks! CITY OF SAN JACINTO CITY COUNCIL Notice of Public Hearing Conditional Use Permit No. 4-92, Amendment No. 1 PROPOSAL APPLICANT: ENVIRONMENTAL DATE/TIME WHERETO GO WHO TO CALL A proposal to amend a previously approved Conditional Use Permit for a substance abuse recovery facility for women to increase the maximum number of residents from 30 to 37, and to add an 1,800 sq. ft. four bedroom manufactured home on 2.36 acres. The site is located in the Single Family Residential, (R-1) zone at 2220 Girard St. (APN 439-160-022 and 042). Jane Farmer La Vista Recovery and Wholeness Center for women 2220 Girard St. San Jacinto, CA 92583 This proposal has been determined to be Class 32 (In -fill Development Project) Categorical Exemption, pursuant to Section 15332 of the Guidelines for Implementation of CEQA. Thursday, April 2, 2009 7:00 p.m. San Jacinto Unified School District Board Room 2045 S. San Jacinto San Jacinto, CA 92583 For additional information contact: Mike Hasapes Community Development Dept. 595 S. San Jacinto Ave San Jacinto, CA 92583 (951) 487-7326 District Offices From: Donald Britt [mailto:drvb38@earthlink.net] Sent: Monday, March 30, 2009 5:43 PM To: Info Subject: Conditional Use Permit Amendment 4-92 I am writing on behalf of the Amendment 4-92 to be heard on April 2, 2009. 1 have been a La Vista volunteer for over 10 years, past president of the board and board member. As a California licensed clinical therapist and addiction specialist, I take great pride that we have in Southern California a place such as LaVista for the excellent care it provides to women in a small community. While La Vista has a statewide reputation for the quality of its care, I know the board, executive director and staff have worked diligently to be part of the community of San Jacinto, working with other non profit service agencies, supporting law enforcement to make for a safer and healthy community and to be good neighbors to everyone. In addition, the facility has been recognized by both the Betty Ford Center staff and Hazelden Institute in Minnesota for the leadership it gives to the treatment community, the individual care and the training it provides while at the same time remaining small and integrated within the city of San Jacinto and in cooperation with its neighbors. I sincerely encourage he passage of the petition before the Council to support La Vista in this amendment. Donald R. Britt, M. A., M.P.T., C.A.S. Addictions and Family Therapy 6887 Magnolia Avenue Riverside, California Donald Britt drvb38(a),earthl ink.net EarthLink Revolves Around You. EIVED TO 1 I L/O� 1-1-4416 i c -4 , f To: San Jacinto City Council Mail: San Jacinto City Council 2045 S. San Jacinto 595 S. San Jacinto San Jacinto, CA 92583 San Jacinto, CA 92583 ATTEND CITY COUNCIL MEETING Thursday April 2, 2009 7:00pm 2045 S. SAN JACINTO By my signature below, I ur.ge San Jacinto City Council to support and nditio approve La Vista's C -52714/ AJr; A /. 1" 1`'©yco a _if 0--"63013,/ Use Permit Admendment # 4-92 ( fc Date r\, W.1`1 Date , / -2_4(762 Date3- - E- ©2 Date ,S-jt 59 Date 3 Date Date / Z /6)Q Date ,3 - 2 R • 0 9 Date 3 -c711 - 07 Date'z -`'7 Date 05 /?3/O7 Date 031z4.1 Oci Date03 /z(7/©7 Date .3') Date 3 /-26/et et Date 3-2 = 09 Date 3 - — c gt elu 41/ricia, 4 .1 r To: San Jacinto City Council Mail: San Jacinto City Council 2045 S. San Jacinto 595 S. San Jacinto San Jacinto, CA 92583 San Jacinto, CA 92583 ATTEND CITY COUNCIL MEETING Thursday April 2, 2009 7:00pm 2045 S. SAN JACINTO By my signature below, I urge San Jacinto City Council to support and approve La Vistas Conditional Use Permit Admendment # 4-92 , „ -t / / 1/1. ?—t7f2ACt-K—. LL Date Date Date Date z57 Date Date Date Date l),) C z 5 - Date Date Date Date Date Date Date Date Date To: San Jacinto City Council Mail: San Jacinto City Council 2045 S. San Jacinto 595 S. San Jacinto San Jacinto, CA 92583 San Jacinto, CA 92583 ATTEND CITY COUNCIL MEETING Thursday April 2, 2009 7:OOpm 2045 S. SAN JACINTO By my signature below, 1 urge San Jacinto City Council to support and approve La Vista's Conditional Use Permit Admendment # 4-92 C. )1/'If2P Date 5- i -o°t Date Date Date Date 3 —f Date T / 2'. d `l Date 3-JB' Date 3 -/3 -0 Date Date Date Date Date Date Date Date Date pi 3 ol- 4/2/off 4'1 To: San Jacinto City Council Mail: San Jacinto City Council 2045 S. San Jacinto 595 S. San Jacinto San Jacinto, CA 92583 San Jacinto, CA 92583 ATTEND CITY COUNCIL MEETING Thursday April 2, 2009 7:OOpm 2045 S. SAN JACINTO By my signature below, I urge San Jacinto City Council to support and approve La Vista's Conditional Use Permit Admendment # 4-92 Date 3 - d /-,rly--"fe-- Date :,) // ° `/ r "r , 9 Date Z'^ �S Date Date 3 Date Date ` / - / (-J -adiayo, „scjA Date Date Date - - Dq 1/zlOci +' f To: San Jacinto City Council Mail: San Jacinto City Council 2045 S. San Jacinto 595 S. San Jacinto San Jacinto, CA 92583 San Jacinto, CA 92583 ATTEND CITY COUNCIL MEETING Thursday April 2, 2009 7:00pm 2045 S. SAN JACINTO By my signature below, I urge San Jacinto City Council to support and approve La Vista's Conditional Use Permit Admendment # 4-92 1-72_1--f NDAuia% Date 31i f09 / t / (Cliddo I/61 (.its N A Date Date 3 Date -3_%6 Date _3-(%-0 Date / 7 7 Date--- /7 O, Date Date 3- 7^ oy Date 3 _ \ 1 Date -11-(4) Date : /7-a9 Date 3 - / O f Date ( -- 06i Date - l 7� �' AGENDA TRANSMITTAL FORM TO: Dorothy L. Chouinard, City Clerk Enclosure: Staff Report for City Council meeting of April 2, 2009 Ratify Conditional Use Permit 4-92 Amendment 1 Consent Calendar Item (3.) X_ Public Hearing Item (4.): Notice required X yes no Copy attached X yes no Published March 24, 2009 (date(s)) Notices sent March 23, 2009 (date(s)) Staff Reports Item (5.) x Attachments include: ■ Conditions of Approval • City Council Resolution approving CUP 2-92 Amendment 1 • Letter dated February 15, 2009 from Melissa Raskey ■ March 5, 2009 City Council Staff Report • February 12, 2009 Planning Commission Staff Report and Resolution • February 12, 2009 Planning Commission Minutes • October 6, 1992 City Council Staff Report and Minutes • Comprehensive Site Plan/Landscape Plan, Building Elevations • Aerial Photo • Current Zoning Map v Please provide a fully executed copy of documents to: Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: CC presenter Asher Hartel, DATE: April 2, 2009 Mike Hasapes, Planning Technician S:ACommunity Development\PLANNER\David\CUP 04-92 Amendment 1 \April 2, 2009 CC mtg\Agenda - TRANSMITTAL FORM.doc AGENDA ITEM 4, April 2, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Mike Hasapes, Planning Technician Via Asher Hartel, Planning Directo SUBJECT: Conditional Use Permit 4-92, Amendment 1, to amend a previously approved Conditional Use Permit for a substance abuse recovery facility for women to increase the maximum number of residents from 30 to 37, and to add an 1,800 sq. ft. four bedroom manufactured home on 2.36 acres. The site is located in the Single Family Residential (R-1) zone at 2220 Girard St. (APN 439-160-022 and 042). Applicant: Jane Farmer La Vista Recovery and Wholeness Center for Women 2220 Girard St. San Jacinto, CA 92583 RECOMMENDATION: Staff recommends that by motion the City Council: Adopt Resolution No. approving Conditional Use Permit 4-92, Amendment 1, based upon the Planning Commission's recommendation, subject to the attached Conditions of Approval. BACKGROUND: On February 12, 2009 the Planning Commission, in a 5-0 vote, approved the above project consisting of an amendment to a previously approved Conditional Use Permit for a substance abuse recovery facility for women to increase the maximum number of residents from 30 to 37, and to add an 1,800 sq. ft. four bedroom manufactured home on a 2.36 acre parcel. On March 5, 2009 this item was brought to the City Council for ratification as a consent calendar item. It was pulled for discussion and a public hearing was set for April 2, 2009. HISTORY: The use of the property as a women's recovery facility has been in existence since 1980. The facility was originally approved by Riverside County as Public Use Permit Page 1 of 5 #417. Conditional Use Permit 4-92, which increased the occupancy level from 25 to 30 residents and included mobile unit `B' as shown on the current site plan, was approved by the City of San Jacinto Planning Commission on September 9, 1992 and ratified by the City Council on October 6, 1992. The La Vista facility and its residential program are Licensed and Certified by the State of California Department of Alcohol and Drug Programs. The program is monitored quarterly by the Riverside County Alcohol Control Service. This proposal for further expansion of the facility will enable La Vista to help more women assimilate into and become productive members of society. The attached City Council staff report and minutes from October 6, 1992 for Conditional Use Permit 4-92 show that Council determined that the project was conditionally permitted in the R-1 Zone in the findings of fact. DISCUSSION: The proposal is for the amendment of a previously approved Conditional Use Permit for a substance abuse recovery facility for women to increase the maximum number of residents from 30 to 37, and to add an 1,800 sq. ft. four bedroom manufactured home on a 2.36 acres. The site is located at the south west corner of Midway Street and Girard Street with an address of 2220 Girard St. (APN 439-160-022 and 042). Zoning for the site is R-1 (Single Family Residential). The General Plan designation is Low Density Residential (LDR). In view of the previous approvals, the use as a recovery facility is a legal use in the R-1 Zone. The proposed expansion is allowed per Article 19 (Nonconforming Uses), section 19.09 (1)(b) of the City Zoning Ordinance. This section states that in a residential zone, a non residential use that is a permitted use or a conditional use in the R-P (Residential Professional) Zone may be continued and a Conditional Use Permit granted for expansion not to exceed 10% in any five year period provided adequate landscaping, parking, and screening are in accordance with the appropriate Articles in this Ordinance. In addition, Article 8C (R-P Zone), Section 3(f) includes convalescent hospitals, rest homes, nursery homes, sanitariums, and homes and centers for mentally or emotionally or physically handicapped persons. It is staff's determination that a substance abuse recovery facility falls under this category. A minimum of twelve (12) paved parking spaces will be provided, which meets City parking requirements for the expanded facility. Color building elevations have been provided for the new mobile home and landscape plans have been submitted which include screening of the manufactured home with tall shrubs beyond the front yard setback along Girard Street. A City Sewer system is not available to the site. Therefore, an additional septic system is proposed on the property as shown on the site plan subject to approval by the Riverside County Health Department and Santa Ana Region Water Quality Board. This requirement is included in a Planning condition of approval. Following the Planning Commission approval on February 12, 2009, an appeal letter was received from Melissa Raskey dated February 15, 2009; however the appeal fee was not submitted. The letter discusses parking, interpretation of City Codes regarding non -conforming uses, and safety at the corner of Midway and Girard streets. At the City council meeting of March 5, 2009 this item was pulled from the Page 2 of 5 consent calendar portion of the meeting for discussion. Items of concern in Ms Raskey's letter are discussed under the headings below. Parking at Facility As discussed above, The Planning Commission added Planning Condition # 14, eliminating parking on the street and requiring all staff and visitors to park on the site. The required number of improved parking spaces (12 paved spaces) for this use have been provided, with an additional seven (7) gravel parking spaces added to the south of the proposed manufactured home. Parking therefore exceeds City Planning requirements by seven (7) spaces. City Codes Regulating Non -Conforming Uses Ms. Raskey's letter questions the validity of staff's interpretation of Article 19 (Nonconforming Uses), section 19.09 (1)(b) of the City Zoning Ordinance, which states that in a residential zone, a non residential use that is a permitted use or a conditional use in the R-P (Residential Professional) Zone may be continued and a Conditional Use Permit granted for expansion of the floor area or the site area occupied by the use not to exceed 10% in any five year period provided adequate landscaping, parking, and screening are in accordance with the appropriate Articles in the Zoning Ordinance. Contrary to statements in Ms. Raskey's appeal letter, staff does not consider the land area as a whole to be the "site area occupied by the existing use". As stated above, the entire property is 2.36 acres. Staff determined the "site area occupied by the existing use" by taking into account only that portion of the property as a whole that is currently utilized as part of the existing use, including man-made landscaped, hardscaped and parking areas. Based on its calculations, staff determined that the site area occupied by the existing use is 66,646 square feet (1.53 acres), as shown on the site plan. Thus, the proposed expansion of 1,800 square feet would constitute an increase of 2.7% over the existing use, which is well under the 10% in any five year period as permitted in Article 19, Section 19.09 (1)(b). Ms. Raskey claims that the proper interpretation of this Code section would require consideration of only the building footprints; however, staff does not agree with this interpretation. Staff's position is that the phrase "site area occupied by the existing use" allows consideration of all portions of the property that are occupied by the use, including man-made landscaped, hardscaped and parking areas. Otherwise, it would be difficult to understand the drafter's intent in including the phrase "site area occupied by the existing use" as an alternate to "floor area", the first which staff believes allows a broader consideration of the use as a whole, and the latter which appears to include consideration of only the buildings on the site. In addition, Article 8C (R-P Zone), Section 3(f) includes convalescent hospitals, rest homes, nursery homes, sanitariums, and homes and centers for mentally or emotionally or physically handicapped persons. Staff has determined that a substance abuse recovery facility falls under this category, and the Planning Commission agreed with this determination. Page 3 of 5 The letter also questions the City's 1992 approval of CUP No. 4-92. As discussed above under the paragraph heading "History", the existing Unit 'B' was approved, while Unit 'A' was previously existing at the time. Original Trust Estate or Life Estate Staff is unsure of the intent of this paragraph of Ms. Raskey's letter, or if a question is being asked about the applicant's legal authority to make an application to expand the facility. As regards the consent of the property owner for La Vista to submit the application, the application form shows La Vista as the property owner of record, and the affidavit section of the application shows the names of the La Vista board members and the Executive Director, Jane Farmer, who signed the affidavit as the designated representative, under penalty of perjury. Ms. Farmer's signature is notarized. Public record shows La Vista as the property owner. The City does not conduct any further follow-up investigations to review property ownership, trusts, or estates, and it appears that Ms. Farmer has the legal authority to submit the application. Safety at the Corner of Midway and Girard Streets The project is located on the southwest corner of Midway Street and Girard Street. Surrounding uses include single family residences to the south, northwest, and southeast, and vacant land to the north, and southwest. Concerns were expressed regarding traffic along Midway and Girard Streets with the expansion of the facility. The Planning Commission suggested that the City Engineer consider the possibility of placing stop signs at the corner of Midway and Girard to calm traffic on the corner. Engineering responded that "stop signs are used when needed to control conflicting traffic movement, i.e. to keep people going east -west from crashing into people going north -south. They are not to be used as traffic control device. A stop sign in this location (where no conflicting movements really exist at the moment) is not something that drivers would anticipate, and it is not consistent with my understanding of good traffic engineering". It is staff's determination that traffic at this corner will not be significantly increased with the approval of this Conditional Use Permit Amendment and that the existing perceived traffic concerns are not a result of the use of this site. CORRESPONDENCE RECEIVED: As of March 26, 2009, three letters of support were received from State of California Department of Alcohol and Drug Programs, Riverside County C.A.R.E program — Department of Social Services, and Debbie Leslie. In addition, 23 pages of a signed petition in support and approval of proposed project were received March 26, 2009. The letters and petition are attached. Page 4 of 5 ENVIRONMENTAL ANALYSIS: This proposal has been determined to be a Class 32 (InfiII Development Project) Categorical Exemption, pursuant to Section 15332 of the Guidelines for Implementation of CEQA. CONCLUSION: This facility has been operating since 1980 with very few if any complaints from surrounding property owners. After hearing testimony from the applicant and all other parties, the Planning Commission determined that all concerns were adequately addressed and the project was approved, pending ratification by the City Council. Staff supports the project subject to the attached conditions of approval. If the City Council agrees with the staff analysis and the Planning Commission's approval of the project, staff recommends that the City Council approve the project subject to the attached conditions of approval, supported by the findings in Resolution No. (attached). FISCAL IMPACT: None ATTACHMENTS: A. Conditions of Approval B. City Council Resolution approving CUP 4-92 Amendment 1 C. Letter dated February 15, 2009 from Melissa Raskey D. March 5, 2009 City Council Staff Report E. February 12, 2009 Planning Commission Staff Report and Resolution F. February 12, 2009 Planning Commission minutes G. October 6, 1992 City Council Staff Report and Minutes H. Comprehensive Site Plan, Landscape Plan, Building Elevations I. Aerial Photo J. Current Zoning Map K. Letters of support received as of 3/26/09 L. Petitions of support received as of 3/26/09 Page 5 of 5 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 4-92 AME � �,NT NO.1 Date of Preparation: January 28, 2009, revised 2/3/d by Planning Commission 2-12-09 Applicant: Location: Jane Farmer La Vista Recovery a olene Center for 2220 Girard St. San Jacinto, A 92583 General Conditions 1. This amend tom eviously .proved Conditional Use Permit for a substance rec.'ry facility •r omen, increasing the maximum number of resi. fr•� to 37, a adding a 1,800 sq. ft. four bedroom manuf. -d ho o w °cre parcel, shall comply with the dey .nd- , rx for the Ingle Family Residential (R-1) zoning 220 Girard St. (APN 439-160-022) 2. Thce of this Conditional Use Permit is the date it is ratifieW the City, council. The Conditional Use Permit will lapse if the improve` gy s hav of commenced within two (2) years from the date upon which the p',, as granted approval. In addition to these Planning conditions o .roval, this project is also subject to the conditions of the City Enginee dated January 20, 2009, the San Jacinto Police Department dated January 21, 2009, and the Fire Department dated January 21, 2009. 3. The applicant agrees to indemnify, hold harmless, and defend the City, its officials, officers, agents and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this permit, and any approvals associated with the project, including, without limitation, any CEQA review or approval, except to the extent caused by the negligence of the City. Page I of 6 4. The facility shall be licensed by the State of California for the life of it's use as a recovery facility. 5. All plans submitted to the City shall be in substantial conformance with the plans in this approval. This condition applies to site plans, grading plans, landscape plans, building plans, elevations, and all other illustrations, text, or plans submitted to the City in connection with the project. 6. The proposed mobile home shall be installed as low profile on a permanent foundation and screened from view f irard Street with landscaping. 7. All landscaped and revegetated areas shall baint thriving condition, free from weeds, trash - e ris. A remain undeveloped shall be maintaino prevent wind a 8. The developer or the developer's succ for maintaining any undeveloped abatement. in a healthy and ded areas that ter erosion. est shall b- esponsible porti the site, inc uding weed 9. All new utilities adjacent to an . - shall be I City of San Jacinto Municipal C15.32. 10. Grading and pu standards an ovements ns. 11. Parking facilitie ve - and bic 12. underground as per all be in :lied in accordance with city s shall be provided and maintained in acc. =III. a wit s fictions 15.03 and 15.02 (E). dicapped dance with shall be provided and maintained in 13. The Fred parr g areas shall be surfaced with Portland -Cement Concret- ving o sphalt concrete, which shall be maintained as paved surfaces. 14. All Staff an guests of the facility shall park within the facility. On any occasions of events at the facility, parking shall be accommodated within the facility. No street parking shall be permitted on Girard Street or Midway Street. (added by Planning Commission 2-12-09) 15. To mitigate potential impacts from noise and to reduce noise impacts adjacent to the project site, construction and grading activities shall be limited to the hours between 7:00 a.m. and 7:00 p.m. Monday through Saturday. Page 2 of 6 16. Upon project approval, the applicant shall submit a check to the City, payable to Riverside County, in the amount of $64.00, for payment of County documentary handling fee in conjunction with the filing of a Notice of Exemption. Prior to issuance of a Grading Permit 17. Prior to issuance of a grading or building permit, if sewer service and connections are unavailable septic systems may be al wed pursuant to the following conditions: A. Soil percolation reports for private se be approved by the Riverside Co approved report shall be sub Planning Department and the ding ga posal systems shall y He. Department. An ti the of San Jacinto Departmen B. Written clearance for waste • . rge .II be obtai ®d from the designated California Regional euaity Control Board (listed below) and a copy rwarded to th. 'ty of San Jacinto Planning Department and the g Departm 18. To mitigate the an oasis 19. inv Depa requirem reliminary chnical e tions and t prior iden zi Californiater Qu ity Control Board Santa Ana tee•' yin Street, Ste. 500 verside, C 2501-3 ne: 951- 2-4130) cts to quality, the site shall be watered on ng construction and grading. ust be prepared by a California licensed er w civil engineer skilled in soils/foundation all .''e submitted for review by the Building & Safety the issuance of grading or building permits. All d in the report shall be met. 20. If human re ns are encountered on the property, then the Riverside County Coro er's Office MUST be contacted within 24 hours of the find, and all work halted until a clearance is given by that office and any other involved agencies. If it is determined that the remains might be those of a Native American, the California Native American Heritage Commission and the Soboba Band of Luiseno Indians shall be notified and appropriate measures provided by State law shall be implemented. 21. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. Page 3 of 6 The final grading plan shall be in substantial conformance with the approved site plan and grading plan. Prior to issuance of a Building Permit 22. Prior to issuance of a building permit, fence and wall plans shall comply with the City Fence Guidelines and be subject to review and approval of the Planning Department. 23. Prior to issuance of a building permit an application all be filed with the City to merge assessor parcel numbers 439-160-0 439-160-042 into one parcel. 24. Prior to issuance of a building permit, a plan for the area around the proposed n landscape professional and submitt review and approval by the City L consistent with the City Landscape D revegetation plan for any graded areas th 25. Any proposed roof -mounted not to be visible from any stre The screening shall be an in provided to the Planning Dep issuance of bui its. An oposed approved by = Departmet. det ed la Ling sh to the Planning ape hitect. The Gues, and s ape and irrigation prepared by a artment for shall be include a emain undeveloped. ent shall b `+ pletely screened so as to prope jacent to the project. the ilding; details shall be w and approval prior to ange shall be reviewed and 26. To mitigate the $-n'w +.cts to hools, prior to issuance of building permi lica . c . + all be paid in accordance with State la 27. ado Mitiga of these itigate the Traffic ee (TU prior the ordinan the provision in effect at th ntial impacts to transportation facilities, the City has al vitigation fees and the Transportation Uniform ) program; this project shall be subject to the payment the issuance of building permits unless exempted by fishing the TUMF program. The fees shall be subject to the enabling ordinance and based upon the fee schedule time of building permit issuance. 28. The City of San Jacinto has adopted the area -wide Multi -Species Habitat Conservation Plan (MSHCP). This project is subject to the payment of fees prior to the issuance of building permits unless exempted by the ordinance establishing the MSHCP program. The fees shall be subject to the provisions of the enabling ordinance and based upon the fee schedule in effect at the time of building permit issuance. Page 4of6 29. The applicant shall consider incorporating the following design elements in the building(s): A. The use of ultra -efficient air conditioners capable of exceeding California Energy Commission requirements by at least 25 percent (i.e. using 75 percent or less energy than CEC standards). B. The use of light-colored roofing and building materials as a design feature. C. The use of photovoltaic generators. D. Leadership in Energy and Environment "green" design and certification to imprhe q reduce operating costs, and help t. a sus (information available at the LEEDebsite, www.lee Prior to issuance of Occupancy Permi s 30. Prior to occupancy, the land a ape professio the landscaping plan shall m ,' in writin landscaping meets the specifi installed landscaping and irriga Architect. Any graded areas tha a project) shall -d per the 31. The requir of the new man Condit' Buil General 1. hall be app the appr (LEED) or similar of the building(s), ble community inq.orq). sponsible for the design of the City that installed iandscape plan. The by the City Landscape ped (i.e. future phases of egetation plan. d and recorded prior to occupancy 4-92 Amendment 1 All req Fire Department vehicle access roads shall maintained in a passable '- .' .n at all times for emergency Fire Department use. Gates or other ob ctions shall be approved by the Fire Department prior to constructio 2. All lumber scraps, combustible materials and other debris shall be picked up daily, or more often as required by the Building and Safety Department. 3. If water supply for fire hydrants is lost of if pressure is dramatically reduced, contact the City of San Jacinto, Building and Safety Department. Page 5 of 6 Prior to Issuance of a Building Permit 4. Prior to issuance of building permits, fire hydrants shall be tested, accepted and placed in service prior to any combustible material placed on the site. Hydrants shall be placed on all streets in and around all projects. 5. Prior to issuance of building permits, all locations w re structures are to be built shall have approved Fire Department ac ads (curb, gutter and all-weather surface), for 60,000 Ibs GVW/tr index of AC thickness of 0.25 feet, provided prior to construction. Prior to Occupancy 6. Prior to Certificates of Occupancy be provided, shall be contrasting colo ress for eac ound. ing shall Page 6of6 John R. Hawkins Fire Chief Proudly serving the unincorporated areas of Riverside County and the Cities of: Banning Beaumont • Calimesa • Canyon Lake • Coachella Desert Hot Springs • Indian Wells • Indio • Lake Elsinore La Quinta Moreno Valley • Palm Desert • Perris • Rancho Mirage • San Jacinto :• Temecula Board of Supervisors Bob Buster, District 1 John Tavaglione, District 2 Jeff Stone, District 3 Roy Wilson, District 4 Marion Ashley, District 5 RIVERSIDE COUNTY FIRE DEPARTMENT In cooperation with the California Department of Forestry and Fire Protection 2300 Market St, suite 200 Riverside, Ca. 92501 • (951) 955-4777 • Fax (951) 955-4886 01-21-2008 Mike Hasapes, Planner City of San Jacinto 248 E. Main Street San Jacinto, Ca. 92583 Re: La Vista recovery center, CUP 4-92 A-1 1. Driveway entry off Girard Street shall be maintained at the minimum width of 12-feet as shown. 2. The proposed parking stall in front of the existing barn is not approved and the area shall remain clear for emergency access. 3. The two proposed parking stalls along the N/E access road are acceptable as drawn. 4. The applicant shall provide fire hydrant flow for both hydrants shown on the exhibit, (on Midway and on Girard). Contact the local water purveyor to obtain. Minimum fire flow shall be 1000 GPM. Scott DeForge, AFM Fire Safety Planning (760) 863-8886 S cott_deforge@fire.ca.gov San Jacinto Date: January 21, 2009 San Jacinto Police Department CSO Craig Speers 160 W Sixth Street San Jacinto, CA 92583 Office: 951-654-2702 Mike Ilasapes Planning Technician City of San Jacinto Community Development Department 595 S. San Jacinto Avenue San Jacinto, CA 92583 Re: Project/Case No. Conditional Use Permit 4-92 Amendmentl Proposal: Amendment to a previously approved Conditional Use Permit for a substance abuse recovery facility for women to increase the maximum number of residents from 30 to 37, and to add an 1,800 square ft. four bedroom manufactured home on a 1.79 acre parcel. The site is located in the Single Family Residential, (R-1) zone at 2220 Girard St. (APN 439-160-022). Mr. Hasapes, The San Jacinto Police Department has reviewed the above mention project concerning Conditional Use Permit No. 4-92 Amendment 1. The Police Department does not object to the project as long as it is permitted under the current zoning area and general use plan. After reviewing the plans, there are no issues of concern relating to public safety and law enforcement at this time. However, if any future construction issues arise please forward them to The San Jacinto Police Department for review. Should the Community Development Department or applicant have any questions or concerns regarding this project, please contact Community Services Officer Craig Speers at 951-654-2702. Sincerely, William Ty r, Lieutenant Chief of P i SAN JACINTO SJ-055 Memorandum TO: Mike Hasapes, Planner FROM: David Ross, Principal Engineer DATE: January 20, 2009 RE: CUP 4-92, Amendment I We are in receipt of CUP 4-02 and have completed our review. The engineering department offers no comments at this time. City Engineer's Office 166 E East Main St., Suite 2 • San Jacinto, CA 92583 • Ph (951) 654-3592 • Fax (951) 654-3672 www.ci.san-jacinto.ea.us STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF SAN JACINTO ) ss RESOLUTION NO. 3Z5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 04-92 AMENDMENT 1, TO INCREASE THE MAXIMUM NUMBER OF RESIDEMTS FROM 30 TO 37, AND TO ADD AN 1,800 SO. FT. FOUR BEDROOM MANUFACTURED HOME ON 2.36 ACRES. THE SITE IS LOCATED IN THE SINGLE FAMILY RESIDENTIAL, (R-1) ZONE AT 2220 GIRARD ST. (APN 439-160-022 and 042): FILE NO. CUP 04-92 AMENDMENT 1. WHEREAS, La Vista Recovery Center filed an application on December 11, 2008, File No. CUP 4-92, Amendment 1, for a Conditional Use Permit Amendment to increase the maximum number of residents from 30 to 37, and to add an 1,800 sq. ft. four bedroom manufactured home on 2.36 acres parcel, APN 439-160-022 and 439-160-042 ("Subject Site"), and more particularly described in Exhibit "A"; and WHEREAS, the property affected by the Application is zoned R-1 (Single Family Residential); and WHEREAS, on April 2, 2009, the City Council of the City of San Jacinto ("Council") conducted a duly noticed public hearing on the Application at which time all persons wishing to testify in connection with the Application were heard and the application was comprehensively reviewed; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO RESOLVES AS FOLLOWS: SECTION 1. Based on the entire record before the City Council, all written and oral evidence presented to the City Council, and the findings set forth in this Resolution, the City Council approves Conditional Use Permit 04-92 Amendment 1, as shown on Exhibit "A" and subject to the conditions of approval in the staff report. SECTION 2. Based on the entire record before the Council and all written and oral evidence presented to the Council, the Council finds the Conditional Use Permit is consistent with the purpose and intent of the Single Family Residential (R-1) zoning district because: 1. The proposed location of the Conditional Use is in accord with the objectives of Article 4 of the Zoning Ordinance (Ordinance 340) and the purposes of the zone in which the site is located. The site is zoned R-1 (Single Family Residential). The proposed expansion of the recovery center is located in proximity to existing and proposed residential uses. Therefore, the use is consistent with the goals and objectives of the R-1 zoning district. Furthermore, the expansion of the recovery facility is permitted as an expansion of a non -conforming use per Zoning Ordinance Article 19, Section 19.09 (1)(b) and Article 8C, Section 3(F). The existing CUP has been in effect for over 30 years. With a site area occupied by the existing use of 66,646 square feet, the proposed expansion of 1,800 square feet would be an increase of 2.7% over the existing use, which is well under the 10% in any five year period permitted in Article 19, Section 19.09 (1) (b). Landscaping, parking, and screening have been provided in accordance with the appropriate Articles in the Zoning Ordinance. 2. 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. As stated above the project is consistent with the zone classification for the site and the land use element of the General Plan. Further, the project has been reviewed by City and County agencies and has been conditioned accordingly. Follow up inspections by the City of San Jacinto will be done as needed to ensure public health, safety and welfare. 3. The proposed conditional use will comply with each of the applicable provisions of Article 17 of the Zoning Ordinance. The use is consistent with the intent and purposes of Ordinance 340 and applicable provisions of the General Plan by providing additional community care opportunities not previously available. The circulation system in the area has the capacity to absorb the anticipated traffic generated by this development because excess capacity exists in the current system. SECTION 3. Based on the entire record before the Council and all written and oral evidence presented to the Council, the Council finds the Conditional Use Permit complies with CEQA for the following reasons: This proposal has been determined to be a Class 32 (Infill Development Project) Categorical Exemption, pursuant to Section 15332 of the Guidelines for Implementation of CEQA; therefore A Notice of Exemption has been prepared. City Staff is directed to file a Notice of Exemption within 5 days of project approval. SECTION 4. Effective Date. This Resolution shall become effective on the date it is approved by the City Council. PASSED and APPROVED at a regular meeting of the City Council of the City of San Jacinto on this 2nd day of April 2009. Ayes: Nays: Absent: Abstain: CITY OF SAN JACINTO By: Dale Stubblefield, Mayor ATTEST: Dorothy L. Chouinard, City Clerk 1- r +444.414)1.04 PROJECT DATA BUILDING DATA PARKING TABULATION ma SHEET INDEX Ll BLIITIMIMtlEentalaMAIMITVaitter.) awsaminnamemalOmommousnua GENERAL NOTES/ KEY NOTES O, SMICIMCII.M.TWortnetIO.w:...,.ma..�..�.v p mtra Mammal. m„a...m... mfmm.mmxmlravemo.emtAltwommpof my. p p ...ms... i...�..a....ca.... wammu erow..muv...zw.....xv w..m..a o mw..n.mnu.14.iwa.. VICINITY MAP .�.,�...s.....•��,.mw SITE PLAN February 15, 2009 City Of San Jacinto Community Development Department 595 S. San Jacinto Avenue San Jacinto, CA 92583 RE: Formal appeal for approval of Conditional use permit 4-92 Amendment 1 To Whom It May Concern: Please consider this letter as a formal appeal to the approval of the above referenced Conditional use permit. The appeal will be based on two points: parking at the facility, and interpretation of city code(s) namely article 19.09 (1) (b) and inclusion of Article 19.09 (1) (a) in the interpretation. I will discuss each point separately below. PARKING AT FACILITY I was in attendance at the public hearing, which was held on February 12th, 2009 for the applicant La Vista Recovery, and Wholeness Center for Women. During the hearing, concerns were discussed regarding the parking at the facility. I believe the applicant said there were 12-15 parking spaces at the facility, and agreed that there would be no offsite parking. The applicant also agreed to stagger the visitors due to the noise level on Sundays when there would be the potential to have 37 families visiting. Applicant also stated that 2-4 La Vista employees are staffed at one time and therefore the employees could utilize 4 parking spaces. The issue was raised that a facility of this nature is required to have adequate parking, but satisfaction of this condition of the approval, in my opinion, was never given. The applicant was not asked to provide the city with a schedule of the number of visitors that would be allowed on a daily basis to ensure that there was never inadequate parking. If you have 37 families during the week, 7 days in a week and 4 employees staffed you would have to limit the visitors on a daily basis in relation to the days in a week, employees staffed, and parking spaces. This was not required of the applicant. INTERPRETATION OF CITY CODES -NON -CONFORMING USES The PURPOSE of the Article 19A.00 states with pertinent part in bold: "In order to limit the number and extent of nonconforming lots, uses, structures, parking, signs, and characteristics of use created by adoption of this ordinance, it is the intent of this article to permit nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this article that nonconformities shall not be enlarged, expanded, extended, altered, moved, re-established after abandonment or restored after destruction, except as herein provided ARTICLE 19.04 continues with pertinent parts in bold: 19.04 ALTERATIONS AND ADDITIONS (1) No nonconforming use shall be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site which it did not occupy at the time it became a nonconforming use..." At the hearing I was advised that the city based their approval on Article 19.09 9(1) (b) which was created from my understanding to allow some non -conforming uses to remain in existence and in some cases expand, reads: In an R zone, a non residential use that is a permitted use or a conditional use in an R-P zone may be granted for expansion of the floor area or the site area occupied by the use by not more than 10 percent in a five year period. Landscaping, parking, and screening will be required in accordance with the appropriate Articles in this Ordinance. The Planning Commissioner stated that the City could approve the applicant's request based on this code. If that is the case then the original drafters of the codes' intent was to allow a non -conforming use to expand every five years by ten percent based on the lot size (site area). So, in this case, at 1.79 acres this applicant could expand 8000 square feet every five years without any limitation(s) on the expansion(s) addressed in the code. I find it highly unlikely that the original drafters intent when they drafted this code was to allow a non -conforming use to expand in that manner. I believe for several reasons the drafters intent was to allow a non -conforming use to expand based on the square footage of the home by 10% every five years not to exceed 200 square feet (see Article 19.09 (1)(a)). As to the reference of the "site area of the occupied use" I would interpret this to mean that they were referring to the "site" as the building structure used for the business operating in a residential area, and the "area occupied by the use" as the building, structure or home where the business use took place; one in the same. The City determined and interpreted the code, I believe, to say in part that the land area as a whole was the occupied use; not the size of the improvement situated on the land. The city's documents claim the main house is 6071 square feet, which in my opinion, is the occupied non -conforming use. If this square footage is correct then the applicant should not be allowed to expand more than 607 square feet and/or 200 square feet depending on interpretation of Article 19 in its entirety. Furthermore, this interpretation would make the approvals of Unit A and Unit B void due to the excessive addition(s) not allowable by the code. If Unit A and Unit B were found to be legal non -conforming additional uses under the code then the applicant would still not be able to expand more than 993 square feet and/or 200 square feet depending on interpretation of Article 19 in its entirety based on my interpretation of the code. If the City did base their approval on the square footage of the home and not the land area than I would assume this was done by an accumulation of the years where the applicant had not requested an expansion. The Article/code does not provide legal authority to do this in my opinion. If the original drafters intent was to base the approvals on land area and not home area than I believe Article 19.09 (1) (a) would not have been written as it reads: In ANY zone, a residential use may be continued and the floor area expanded by not more than 200 square feet, provided that the number of dwelling units shall not be increased. It is clear when it is a NON -CONFORMING USE the original drafters did not want the dwelling units to be increased. I believe Article 19.09 (1) (a) and Article 19.09 (1) (b) are to be interpreted together. The drafters did not want non -conforming uses to be allowed to increase dwelling units for the non -conforming use. If this is to be found then Unit A and Unit B were not properly approved depending on what existed on the property in the year of the settlors' passing. In summation, the interpretation of this code needs to be judicially reviewed by a non - bias party that should decide what the original drafters intent was when they wrote " the site area occupied by the use," and if Article 19.09 (1) (a) applies to this applicant and make a decision as to the city's current approval of the application and if Unit A and Unit B were properly approved. ORIGINAL TRUST ESTATE OR LIFE ESTATE Although not discussed at the hearing, I have a concern that the city of San Jacinto did not request the applicant to show that the legal right (authority) to expand was specifically given to La Vista or the executor, or administrator of the estate, or whatever legal entity exists for the applicant to operate. The city may have verified this issue and I apologize if it has been considered. However, if it has not been considered than the language in the original will, or trust providing the assumed estate for years to La Vista should be reviewed. CURVE IN ROAD WHERE MIDWAY/GIRARD MEET It was discussed that the curve in the roadway where GirardlMidway meet is not a safe area for parking and in general many people speed. However, the application was approved for an expansion of a public use of a residential private property without conditions to ensure the safety of the occupants or others. The traffic load will increase and is increased due to the non -conforming use of this residential property. The city has grown and these issues must be addressed. How, I don't know, but to overlook them is a mistake. If you need any further information from me to make this appeal valid please contact me at 951-492-1830 or Missy.Raskey@ verizon.net Very Truly Yours, Melissa A. Raskey TO: FROM: SUBJECT: AGENDA ITEM March 5, 2009 The Honorable Mayor and Members of the City Council Mike Hasapes, Planning Technician Via Asher Hartel, Planning Director Ratification of Planning Commission Approval of Conditional Use Permit 4-92, Amendment 1, to amend a previously approved Conditional Use Permit for a substance abuse recovery facility for women to increase the maximum number of residents from 30 to 37, and to add an 1,800 sq. ft. four bedroom manufactured home on a 2.36 acre parcel. The site is located in the Single Family Residential (R-1) zone at 2220 Girard St. (APN 439-160-022). Applicant: Jane Farmer La Vista Recovery and Wholeness Center for Women 2220 Girard St. San Jacinto, CA 92583 RECOMMENDATION: Staff recommends that by motion the City Council: Ratify the Planning Commission approval of Conditional Use Permit 4-92, Amendment 1, subject to the attached Conditions of Approval. BACKGROUND: On February 12, 2009 the Planning Commission, in a 5-0 vote, approved the above project consisting of an amendment to a previously approved Conditional Use Permit for a substance abuse recovery facility for women to increase the maximum number of residents from 30 to 37, and to add an 1,800 sq. ft. four bedroom manufactured home on a 2.36 acre parcel. The site is located in the Single Family Residential (R-1) zone at 2220 Girard St., at the southwest corner of Girard Street and Midway Street. Approvals City Manner: Finance Director: Page 1 of 2 DISCUSSION: The project is located on the southwest corner of Midway Street and Girard Street. Surrounding uses include single family residences to the south, northwest, and southeast, and vacant land to the north, and southwest. Concerns were heard by the Planning Commission from a neighbor regarding noise levels, parking, traffic along Midway and Girard Streets, and the increase of this use in a residential neighborhood. The Planning Commission added Planning Condition # 14, eliminating parking on the street and requiring all staff and visitors to park on the site. The Planning Commission suggested that the City Engineer consider the possibility of placing stop signs at the corner of Midway and Girard to calm traffic on the corner. The required number of improved parking spaces for this use have been provided with additional gravel parking added to the south of the new mobile home. As explained in the Planning Commission Staff Report this facility has been operating for over thirty years with very few if any complaints from surrounding property owners. After hearing testimony from the applicant and all other parties, the Planning Commission determined that all concerns were adequately addressed and the project was approved, pending ratification by the City Council. An appeal letter was received from Melissa Raskey dated February 15, 2009; however the appeal fee was not submitted. The letter discusses parking, interpretation of City Codes regarding non -conforming uses, and safety at the corner of Midway and Girard streets. However, since the formal appeal with the required fee was not received and these issues were discussed at the Planning Commission hearing, staff has no comments at this time. The attached Planning Commission staff report includes a more detailed discussion of the project. FISCAL IMPACT: None ATTACHMENTS: • Conditions of Approval • Letter dated February 15, 2009 from Melissa Raskey • Planning Commission CUP Resolution 09-05 • February 12, 2009 Planning Commission Staff Report • Comprehensive Site Plan/Landscape Plan • Building Elevations • Color Elevations • Aerial Photo • Current Zoning Map Page 2 of 2 ITEM 6.1 STAFF REPORT TO: Chairman and Members of the Planning Commission FROM: Mike Hasapes, Planning Technician DATE: February 12, 2009 SUBJECT: Conditional Use Permit No. 4-92, Amendment No.1 Applicant: Jane Farmer La Vista Recovery and Wholeness Center for Women 2220 Girard St. San Jacinto, CA 92583 RECOMMENDATION: Staff recommends that the Planning Commission: Adopt Resolution No. 09-05 approving Conditional Use Permit No. 4-92, Amendment No.1, subject to the attached Conditions of Approval. DESCRIPTION: A proposal to amend a previously approved Conditional Use Permit for a substance abuse recovery facility for women to increase the maximum number of residents from 30 to 37, and to add an 1,800 sq. ft. four bedroom manufactured home on a 2.36 acre parcel. The site is located in the Single Family Residential (R-1) zone at 2220 Girard St. (APN 439-160-022). EXHIBITS: Exhibit A: Resolution 09-05 Exhibit B: Conditions of Approval Exhibit C: Letters of Objection Exhibit D: Comprehensive Site Plan/ Landscape Plan Exhibit E: Building Elevations Exhibit F: Color Elevations Exhibit G: Aerial Exhibit Exhibit H: Zoning Map PLANNING COMMISSION February 12, 2009 PAGE NO. 1 ENVIRONMENTAL ANALYSIS: This proposal has been determined to be a Class 32 (Infill Development Project) Categorical Exemption, pursuant to Section 15332 of the Guidelines for Implementation of CEQA. DISCUSSION: The proposal is for the amendment of a previously approved Conditional Use Permit for a substance abuse recovery facility for women to increase the maximum number of residents from 30 to 37, and to add a 1,800 sq. ft. four bedroom manufactured home on a 2.36 acre parcel. The site is located at the south west corner of Midway Street and Girard Street with an address of 2220 Girard St. (APN 439-160-022). Zoning for the site is R-1 (Single Family Residential). The General Plan designation is Low Density Residential (LDR). The use has been in existence since 1980. The facility was originally approved by Riverside County as Public Use Permit No. 417. Conditional Use Permit 4-92, which increased the occupancy from 25 to 30 residents, was approved by the City of San Jacinto Planning Commission on September 9, 1992. The La Vista facility and its residential program are Licensed and Certified by the State of California Department of Alcohol and Drug Programs. The program is monitored quarterly by the Riverside County Alcohol Control Service. This proposal for further expansion of the facility will enable La Vista to help more women assimilate into and become productive members of society. In view of the previous approvals, the use as a recovery facility is a legal non- conforming use in the R-1 Zone. Article 19 (Nonconforming Uses), section 19.09 (1)(b) of the City Zoning Ordinance states that in a residential zone, a non residential use that is a permitted use or a conditional use in the R-P (Residential Professional) Zone may be continued and a Conditional Use Permit granted for expansion not to exceed 10% in any five year period provided adequate landscaping, parking, and screening are in accordance with the appropriate Articles in this Ordinance. In addition, Article 8C (R-P Zone), Section 3(f) includes convalescent hospitals, rest homes, nursery homes, sanitariums, and homes and centers for mentally or emotionally or physically handicapped persons. It is staffs determination that a substance abuse recovery facility falls under this category. A minimum of twelve (12) paved parking spaces will be provided, which will be screened from Girard Street with the use of landscaping. Color building elevations have been provided for the new mobile home and landscape plans have been submitted which include screening of the mobile home with tall shrubs beyond the front yard setback along Girard Street. PLANNING COMMISSION February 12, 2009 PAGE NO. 2 A City Sewer system is not available to the site. Therefore, an additional septic system is proposed on the property as shown on the site plan subject to approval by the Riverside County Health Department and Santa Ana Region Water Quality Board. This requirement is included in a Planning condition of approval. On January 18, 2009 two letters of opposition were received (possibly from the same person). The major concerns voiced in the letters seem to be directed at noise levels from residents at the Center. The letters are attached. An investigation by staff failed to find any complaints filed for this site and La Vista administration indicated that they have never received any complaints during the twenty eight years they have been at this location. CONCLUSION: Staff supports the project subject to the attached conditions of approval. If the Planning Commission agrees with the staff analysis of the project, staff recommends that the Planning Commission approve the project subject to the attached conditions of approval, supported by the findings in Resolution 09-05 (attached). PLANNING COMMISSION February 12, 2009 PAGE NO. 3 RESOLUTION NO. 09-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO INCREASE THE MAXIMUM NUMBER OF RESIDENTS FROM 30 TO 37, AND TO ADD A 1,800 SQ. FT. FOUR BEDROOM MANUFACTURED HOME ON A 1.79 ACRE PARCEL. THE SITE IS LOCATED IN THE SINGLE FAMILY RESIDENTIAL, (R- 1) ZONE AT 2220 GIRARD ST. (APN 439-160-022): CUP NO. 4- 92 AMENDMENT NO. 1. WHEREAS, La Vista Recovery Center filed an application on December 11, 2009, File No. CUP 4-92, Amendment 1, for a Conditional Use Permit Amendment to increase the maximum number of residents from 30 to 37, and to add an 1,800 sq. ft. four bedroom manufactured home on a 2.36 acre parcel, APN 439-160-022 ("Subject Site"); WHEREAS, the property affected by the Application is within the Single Family (R-1) zoning district; WHEREAS, the Application was reviewed, studied, and found to comply with the California Environmental Quality Act ("CEQA") as more fully described below; WHEREAS, on February 12, 2009, the Planning Commission of the City of San Jacinto ("Commission") conducted a duly noticed public hearing on the Application at which time all persons wishing to testify in connection with the Application were heard and the Application was comprehensively reviewed; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO RESOLVES AS FOLLOWS: SECTION 1. Based on the entire record before the Commission, all written and oral evidence presented to the Commission, and the findings set forth in this Resolution, the Commission recommends approval of Conditional Use Permit No. 4-92, Amendment No.1 to increase the maximum number of residents from 30 to 37, and to add an 1,800 sq. ft. four bedroom manufactured home on the Subject Site, subject to the conditions of approval. SECTION 2. Based on the entire record before the Commission and all written and oral evidence presented to the Commission, including the staff report, the Commission finds as follows: A. The proposed location of the Conditional Use is in accord with the objectives of Article 4 of the Zoning Ordinance (Ordinance 340) and the purposes of the zone in which the site is located. The site is zoned R-1 (Single Family Residential). The proposed expansion of the recovery center is located in proximity to existing and proposed residential uses. Therefore, the use is consistent with the goals and objectives of the R-1 zoning district. Furthermore, the expansion of the recovery facility is permitted as an expansion of a non -conforming use per Zoning Ordinance Article 19, Section 19.09 (1)(b) and Article 8C, Section 3(F). B. 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. As stated above the project is consistent with the zone classification for the site and the land use element of the General Plan. Further, the project has been reviewed by City and County agencies and has been conditioned accordingly. Follow up inspections by the City of San Jacinto will be done as needed to ensure public health, safety and welfare. C. The proposed conditional use will comply with each of the applicable provisions of Article 17 of the Zoning Ordinance. The use is consistent with the intent and purposes of Ordinance 340 and applicable provisions of the General Plan by providing additional community care opportunities not previously available. The circulation system in the area has the capacity to absorb the anticipated traffic generated by this development because excess capacity exists in the current system. SECTION 3. Based on the entire record before the Planning Commission and all written and oral evidence presented, including the staff report, the Planning Commission finds the nature and extent of the dedications, reservations, impact fees, and other exactions are reasonably related to public needs and roughly proportional to the impacts created by use of the Subject Site as permitted by the CUP. SECTION 4. Based on the entire record before the Planning Commission and all written and oral evidence presented, the Planning Commission finds the CUP complies with CEQA for the following reasons: This proposal has been determined to be a Class 32 (lnfill Development Project) Categorical Exemption, pursuant to Section 15332 of the Guidelines for Implementation of CEQA; therefore A Notice of Exemption has been prepared. City Staff is directed to file a Notice of Exemption within 5 days of project approval. SECTION 5. Effective Date. This Resolution shall become effective on the date on which it is ratified by the City Council. PASSED, APPROVED AND ADOPTED, this 12th day of February, 2009. Planning Commission Chairperson ATTEST: Planning Commission Secretary MINUTES MEETING OF THE SAN JACINTO PLANNING COMMISSION February 12, 2009 7:00 p.m. ITEM 4.1 San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California 1.0 ORGANIZATION Chairman Warneke called the meeting to order at the hour of 7:00 p.m. Commissioners Present: Warneke, Pellerin, Mannion and Seitl Commissioners Absent: None Commissioner Mannion led the Pledge of Allegiance. City Clerk Chouinard swore in newly appointed Planning Commissioner Andrew Kotyuk in to the Commission. 2.0 LATE ITEMS None 3.0 ORAL COMMUNICATIONS None 4.0 CONSENT CALENDAR 4.1 Approval of Minutes from the regular Planning Commission meeting on January 15, 2009. M/S/C (PELLERINISEITL) to approve the minutes from the regular Planning Commission meeting of January 15, 2009, as presented. Motion carried 4-0. Ayes: Pellerin, Seitl, Warneke and Mannion Nays: None Absent: None Abstained: Kotyuk (was not a Commissioner until February 12, 2009) Planning Commission Minutes Page 1 February 12, 2009 5.0 CONTINUED PUBLIC HEARINGS 5.1 Conditional Use Permit 4-06 Amendment 1 Applicant: Verizon Wireless c/o Robert McCormick 27 Via Granada Rolling Hills, CA 90274 A proposal to amend Planning Condition # 19 of Conditional Use Permit 4-06 regarding property maintenance. CUP 4-06 is a previously approved Conditional Use Permit to construct a 45 ft. height stealth monopole (monoelm) with antennas and equipment shelter on a 40 ft. x 30 ft. (1,200 sq. ft.) leased area located on the east side of Mountain Ave., north of Esplanade Ave. The 9 acre parcel (APN 547-130-008) is located in the C-1 Zone approx. 120 ft. from the planned future Ramona Expressway to the east. The effect of this project has been adequately analyzed in an earlier adopted mitigated negative declaration, no further environmental review is necessary. M/S/C (KOTYUK/PELLERIN) to continue item 5.1; Conditional Use Permit 4-06, Amendment 1 to the next regular Planning Commission on March 12, 2009 to allow the applicant's attorney more time to clarify their concerns with Planning Condition 19. Motion carried 5-0. Ayes: Kotyuk, Pellerin, Mannion, Seitl and Warneke Nays: None Absent: None Abstained: None 6.0 NEW PUBLIC HEARINGS 6.1 Conditional Use Permit 4-92 Amendment 1 Applicant: Jane Farmer La Vista Recovery and Wholeness Center for women 2220 Girard St. San Jacinto, CA 92583 An amendment to a previously approved Conditional Use Permit for a substance abuse recovery facility for women to increase the maximum number of residents from 30 to 37, and to add an 1,800 sq. ft. four bedroom manufactured home on a 1.79 acre parcel. The site is located in the Single Family Residential, (R-1) zone at 2220 Girard St. (APN 439-160-022). This proposal has been determined to be a Class 32 (Infill Development Project) Categorical Exemption, pursuant to Section 15332 of the Guidelines for Implementation of CEQA. Planning Commission Minutes Page 2 February 12, 2009 Planning Technician Hasapes presented his staff report dated February 12, 2009. He indicated that there were a couple of letters of opposition due to noise. He stated that La Vista has been in operation for over 20 years, and Staffs findings were that the facility had not been a nuisance to the area when they talked to the San Jacinto Police Department. Commissioner Warneke inquired if there was adequate parking on site to accommodate the addition on the property. Public Hearing opened. Ms. Jane Farmer, La Vista Director, thanked staff for their support of the project. She stated that this month was the first month that she has received a complaint in over 8 years that she had been employed there. She stated that she had responded to the complaint in writing, and handed the Commission a copy of the letter with her response. In the letter of complaint, it stated that that the women curse too much, and they are loud in expressing their emotions. Additionally, concerns with visitation day were expressed. She indicated that as soon as she received the complaint, she addressed their concerns by moving the meeting area to the property area closer to Midway where there are no neighbors adjacent to the property. As far as the Sunday visits, she indicated that they would stagger visitations throughout the week to avoid a large group of visitors at the facility on one day; which will begin March 1. She further noted that she wants to be a good neighbor and will continue to work with them to work out their concerns. Commissioner Seitl inquired on the request for the expansion that intends to house up to 7 women. He asked since the additional 7 rooms were for a transitional phase for a woman that has been through the program, how long the transitional phase would be. Ms. Farmer stated that at least an additional 90 days, but could be 6 months depending on the woman's needs. She indicated that there are times that a woman goes through the entire program, and is doing progressively well, but does not have anywhere to go or live. She stated that in this case, they would offer them one of their available rooms which would allow them time to find a place to live, work, and continue living a sober life. Vice Chairman Pellerin inquired if the women did not perform to the program standards, what the repercussions would be. Ms. Farmer responded that they would refer them to a different location. She indicated that it is a rare occasion that they have a resident who does not comply with the program. She stated that everyone that works at the facility as well as the residents are like a family. Commissioner Kotyuk inquired if the scheme with the new extension would be similar to the old buildings on the property. Planning Commission Minutes Page 3 February 12, 2009 Ms. Farmer responded that they will be matching the color of the new building to the existing house on the property, and they would make it as appealing and welcoming as best they could. Ms. Trina Mattingly, La Vista representative, has lived in the Valley for many years, and gave her history on how she became associated with the program, indicating how she has been sober for over 18 years. She stated that it's a wonderful program, and asked the Commission for their approval of the expansion. Ms. Juli Kukulka, La Vista representative, indicated that she moved to the valley in 1989, and explained how she became part of the program, and is now going on 12 years of being sober. She stated that she works at the facility Monday through Friday, and is in great support of the facility and the program that is offered to women that need the help. Mr. Tom Agnew, 981 N. Girard, neighboring property owner, thanked the Commission for allowing them to share their concerns. He mentioned that every time they have had to deal with the Staff of La Vista, they have always been very respectful, and they have tried working hard to address concerns, and he further noted that the facility does provide a great service to the community. He stated that the reason they were opposed to the expansion of the facility, was that they felt the property was not an ideal location for this type of facility. Their main concern is a constant level of noise, even though most of the time is it at a reasonable volume, except for the morning during their exercise time the noise level is excessive. He indicated that currently they are allowed up to 30 women being treated, and when they are all outside working on their morning program, and are constantly swearing, talking, laughing, and crying loudly. He indicated it was tough to sleep in at times because of the noise. He further stated that the facility has inadequate access to the property leaving visitors parking in an already narrow street. Furthermore, he indicated that it is beyond the control of staff to control how loud the women get and the content of what the women talk about. They felt that the approval of the expansion would lead to more of the same issues, and suggested that the Commission not approve the request. Ms. Dorothy Chouinard, 195 E. Midway, was concerned about the traffic, their access to the facility and trash that is generated from the facility. She stated that the dumpster is at the end of the driveway, and is usually 2 to 3 times over the size of the dumpster. The street is inadequate, very narrow, and offers poor visibility. She indicated that people use the street as a short cut in getting around town, and felt it was a dangerous road. She felt that the approval of this expansion would increase the amount of traffic about 25%, and could pose potential problems in the future. Ms. Farmer stated that she felt that she has addressed Mr. Agnew's concerns to the best of her ability. She does not feel that the noise level could be helped anymore than what she has done to help by moving the group over to the other side of the property. With regard to the dumpster, she stated that they have moved the dumpster onto their property, but people are still illegally dumping at the end of their driveway, which has been problematic. She stated they too have requested speed humps to slow traffic down, but have not been successful in getting them. Planning Commission Minutes Page 4 February 12, 2009 Commissioner Kotyuk recommended that they increase the parking on the facility perhaps where the tennis court is, since it is a rather large area. Ms. Farmer reiterated that she is not opposed to stagger visitations which would help eliminate the problem with parking, as well as the noise level. Planning Technician Hasapes indicated that if the Commission would look at their site plan, there are 14 additional parking spaces that will be provided, on the south side of the modular building that is being proposed. La vista also owns the parcel to the west, which is not part of this project, but they do have the means to provide the additional parking for special events if needed. Ms. Melissa Raskey, 981 Girard Street, inquired on how many women are being treated at the facility that are from the valley. She also asked how many staff members would be assigned to manage 37 women. Ms. Farmer responded about 53% of the women are from the valley, and that they have staff there 24 hours every day. She stated that during the day there are 3 to 4 staff members, in the evening there are 2 to 3 staff members, and 1 staff member that stays overnight. Planning Director Hartel stated that there is a paragraph in the staff report that indicates this facility is a legal nonconforming use. He mentioned that an expansion was approved by the city in 1992, and based on the City's zoning ordinance the Commission can approve this request. He explained to the Commission what a nonconforming use is, and passed out that section of the zoning ordinance. City Attorney Shane clarified for the Commission that the staffs report it incorrectly indicates a 25% increase, when it should be a 10% increase. Staff defined the use as less than 10% of what part of the actual facility use is, not the property. Commissioner Kotyuk was mainly concerned with the abundance of parking and the potential increase of traffic. City Attorney Shane suggested to the Commission that they add a Condition of Approval that would address the Commission's concern with parking on and offsite. She recommended the condition state: "All staff and Quests of the facility shall park within the facility property and on any occasions where there is an event that parking be able to be accommodated other than parking on the public street." Public Hearing closed. Commissioner Kotyuk felt that they are willing to work with their neighbors, and have found a solution with parking, stated that they are within code. The Commission agreed. Planning Commission Minutes Page 5 February 12, 2009 M/S/C (SEITL/MANNION) to Conditional Use Permit 4-92, modified. Motion carried 5-0 Ayes: Seitl, Mannion, Nays: None Absent: None Abstained: None adopt Planning Commission Resolution 09-05 approving Amendment 1, subject to the Conditions of approval, as Pellerin, Warneke and Kotyuk 6.2 Change of Zone 7-08 and Conditional Use Permit 17-08 Applicant: Robert McCormick representing Verizon Wireless 27 Via Granada Rolling Hills, CA 90274 A proposal by Verizon Wireless to install a 55-foot high mono -elm with an 18-panel antenna array at 300 East Main Street. The 28 foot by 20 foot leased area will be located behind an existing single story building and will include the monopole, equipment cabinets and provisions for a standby generator. The site is located at the southeast corner of Main Street and Jordan Avenue, within the Downtown Residential (D-R) zone. The applicant is also seeking the approval of a zone change from Downtown Residential (D-R) to Downtown Commercial (D-C) to conform to the General Plan designation of Downtown -Commercial (D-C). This proposal is not subject to the California Environmental Quality Act (CEQA) because, pursuant to Section 3.07 of the City's CEQA Guidelines there is no possibility that the activity in question may have a significant effect on the environment. The project therefore is exempt from CEQA. Information Planner Clayton presented his staff report dated February 12, 2009. Commissioner Kotyuk inquired on how this cell site would fit into the long term vision of the historic downtown area. Information Planner Clayton responded that they have worked with the applicant to shield the mono elm as much as possible, and have included a couple of trees to help cover the cell site. Commissioner Seitl inquired why the Legion Post would be responsible for the maintenance of the two trees that the applicant would be installing. Planning Director Hartel responded that the trees are not in Verizon lease area, but required the trees as a condition as Staff felt that this would help shield the mono elm cell tower. Public Hearing opened. Mr. Robert Mccormick, representative of Verizon Wireless, indicated that they were in acceptance of the Conditions of Approval as recommended by Staff, and asked the Commission for their approval. Planning Commission Minutes Page 6 February 12, 2009 CITY OF SAN JACINTO STAFF REPORT TO: Honorable Mayor and City Council Members FROM: Brian McNabb, Director of Community Development via Pam Easter, City Manager DATE: October 6, 1992 SUBJECT: Conditional Use Permit 4-92 APPLICANT: La Vista Mary O'Donnell LOCATION: 2220 Girard Street San Jacinto, CA 92582 714-925-8450 NEIGHBORHOOD: HILL DESCRIPTION A proposal to add a double wide mobilehome to an existing Residential Recovery Home for Alcoholic Women, and increase the occupancy level from twenty-five to thirty. The 2.5 acre facility is located on the southwest corner of Midway Street and Girard Street and is zoned R-1. This facility was originally approved by Riverside County as Public Use Permit No. 417 in 1980. This is not a public hearing and the City Council cannot take testimony unless they schedule the matter for a new public hearing. La Vista is also requesting that the City Council waive Fire Mitigation Fees, Development Fees and Building Permit Fees. The dollar amount of this request will be $1382.00 in miscellaneous Development, Public Works and Fire & Life Safety Fees, which goes into various accounts, and an estimated $500.00 in building permit fees, which goes into the general fund. RECOMMENDATION The Planning Commission recommends that the City Council ratify C.U.P. 4-92 subject to the Planning Commission's findings of fact and conditions of approval. The Planning Commission also recommends that the City Council consider waiving the Fire Mitigation fee. The Planning Commission also recommended that the City Council waive the Fire Mitigation fee. City Council Staff Report October 6, 1992 Page2 BACKGROUND Conditional Use Permit 4-92 was approved by the Planning Commission on September 9, 1992 subject to the attached findings of fact and conditions of approval. La Vista residential recovery facility for alcoholic women was founded at its present location in August 1974 as a non-profit organization. The La Vista facility and its residential program are Licensed and Certified by the California Department of Alcohol. The program is monitored quarterly by the Riverside County Alcohol Control Service. La Vista is now proposing to expand their facility by adding a 24' x 54' mobilehome which will be used as the "Sober Living" portion of the facility and accommodate up to five women. This portion is where women who need to rebuild their lives, become self supporting, find employment in the community and stay in the program up to one year. When these women leave La Vista they are responsible tax paying citizens no longer a burden on the resources of the community. This Conditional Use Permit will also increase the level from twenty-five to thirty. La Vista is providing a very much needed social service to the community. When La Vista was first founded in 1974 there were no other recovery homes for women in the County of Riverside. It is important to the continued success of this facility towhenever possible to keep costs to a minimum. The City has recognized this dilemma when it granted Community Development Block Grant Funds to La Vista and again when it waived the fees for this C.U.P.. For this reason La Vista is now asking the City Council to waive Fire Mitigation Fees, Development Fees and Building Department Fees. There has been no opposition to this Conditional Use Permit. The applicant has indicated that since moving to their present location at 2220 Girard in June of 1980 that they have enjoyed a harmonious relationship withtheir neighbors. At the Planning Commission meeting there was one neighbor, Mr. Ron Bessonette, who spoke in favor of and was extremely supportive of La Vista. Prepared By: Jeff Cherry/Planner I Approved By: Brian McNabb/Director of Community Development City Council Staff Report October 6, 1992 Page3 CONDITIONS OF APPROVAL C.U.P. 4-92 1. The use hereby permitted is for: a residential recovery facility for alcoholic women located within Assessors Parcel Number 439-160-022. The effective date of issuance of this permit is the date it is ratified by the City Council. This permit must be used within 12 months of ratification by the City Council. 2. Prior to the issuance of Certificate of Occupancy the permittee must demonstrate compliance with all conditions of approval to the Planning Department of the City of San Jacinto. 3. A minimum of ten on site gravel parking spaces shall be provided. Each space must be twenty feet in length and nine feet in width. 4. This facility will be for a maximum of thirty residents. 5. The proposed mobile home shall be installed on a permanent foundation and screened from view from the street with landscaping. 6. Prior to the issuance of a Certificate of Occupancy the permittee shall comply with the Fire Prevention Bureau checklist dated August 20, 1992. 7. Curbs, gutters, sidewalks and paved driveways, and paved off-street parking, and landscaping will be installed incremental over a ten year period. The paved parking and driveways shall replace the temporary gravel parking and driveway allowed in condition No. 3. 8. The permit shall expire 10 years after ratification by the City Council but shall automatically renew for an indefinite amount of time if the applicant is found to have been in continued compliance with conditions 1-6 and the improvements required by condition No. 7 are complete. 9. Prior to the issuance of a Certificate of Occupancy the permittee shall comply with the Fire Prevention Bureau checklist dated August 20, 1992, attached and incorporated in the conditions. 10. Prior to issuance of a building permit, the applicant shall pay all school fees and participate in the formation and establishment of a community facilities district and the issuance of bonds thereby, and/or participate in other satisfactory alternative Financing program(s) to finance educational facilities. City Council Staff Report October 6, 1992 Page4 FINDINGS OF FACT C.U.P. 4-92 1. The subject property is neither in a seismic study area nor an "A" flood zone. 2. The property is located within an R-1 zone, Single Family Residential Zone. 3. The property is within a Low Density Residential General Plan area. 4. Use of the site will consist of a residential recovery facility for alcoholic women, licensed and certified by the California Department of Alcohol, and monitored by the Riverside County Alcohol Control Service. S. The adjacent surrounding uses consists of residential and vacant uses. 6. The proposed use will comply to all applicable provisions of the zoning ordinance. 7. The conditional use granted for the applicant shall remain with the subject property regardless of ownership. 8. The project will not be detrimental to the public health , safety, or welfare, or materially injurious toproperties or improvements in the vicinity. 9. It has been determined that the proposed use is conditionally permitted in the R-1 zone. SFl PLOT PLAN SCALE: 1" 3O -0" CITY CGGUC( /i?1A_JUT 5 October 6, 1992 have change orders for the unexpected, they would not be on the scale of those in phase 1. City Attorney Cox advised that the release agreement submitted for approval had been amended and resubmitted for consideration. 5.15 Purchase of Disc Brush Chipper Approved the purchase of a 9" brush chipper from Direct Edge in the amount of $14,783.30. 5.16 Annexation 3 to CFD 3 Adopted Resolution No. 2069, a Resolution of Intention to annex territory to Community Facilities District #3, and set the matter for Public Hearing on November 17, 1992 at 7:30 p.m., and adopted Resolution No. 2070 adopting Annexation Boundary Map for Annexation 3 to Community Facilities District #3. Finance Director Vega clarified for Council that CFD's always read according to the prior year when setting the amount of tax. The increase from 1989/90 to 1991/92 was minimal, from $96.40 to $109.00 RESOLUTION NO. 2069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT RESOLUTION NO. 2070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ADOPTING BOUNDARY MAP SHOWING TERRITORY TO BE ANNEXED TO AN EXISTING COMMUNITY FACILITIES DISTRICT ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE ACTION: 5.8 Conditional Use Permit 4-92 Applicant: La Vista (Mary O'Donnell) Location: Midway Street and Girard Street 5 October 6, 1992 Staff clarified for Council that the prior action in September was only to waive the $3,000 application fee for this proposal. Council voiced some concerns regarding school fees, however that was a matter for decision by the school district. Mary O'Donnell requested the ratification of the CUP and the waiver of fees and other conditions. Pat Herron felt that the fees were a technicality based upon the unit being in the community for ten years and requested that the conditions be amended to deal with the time limit following ratification. Stated they already had to install two fire hydrants, curbs and gutters. The facility would return to the community contributing members of society. Staff recommended amending condition #1 to include in the first sentence after for "the expansion of" for clarification. A MOTION was made by Councilmember Leahy, seconded by Councilmember Ford to ratify CUP 4-92 subject to the Planning Commission's findings of fact and conditions of approval, including the amendment as noted by staff, and waive the fees including the Fire Mitigation fee for a total of $1,877.02. Motion carried on a 5-0 vote. 5.14 Award of Landscape Bid . Community Facilities District #2 Phase II In response to Council inquiries, City Attorney Cox, advised that the law did not allow for the City to select bidders on a local preference, that would only apply to Charter Cities. In response to Council, City Manager Easter advised that the work proposed for the easterly tot lot was to comply with ADA, which would have to be done at a later date anyhow, and that no funding would be available from other sources for compliance. Rick Thomsen, requested clarification on the Mello Roos funding and possible contingencies for increases and the effect on payments. Felt if there were design flaws, the residents were paying twice for the same work, or would there be enough funding to absorb the costs. PROJECT DATA APN: 439-160-019 PARCEL 19 EXISTING SINGLE FAMILY RESIDENCE TO REMAIN NOT A PART (E) FIRE HYDRANT (E) CONG. DRIVEWAY R-1 ZONE I VACANT LOT APN: 439-160-020 PARCEL 20 0 / / / (I FENCE / / 1 / / . / / / • % I. / •V / / / 1 . / I R-1 ZONE (E) NATURAL VEGITATION VACANT LOT APN: 439-150-017 MIDWAY AVENUE 296.00' PROPERTY LINE R-1 ZONE (E) NATURAL VEGRATION VACANT LOT APN: 439-160-042 PARCEL 42 .57 NET ACRES .606 GROSS ACRES (E)PATIO TO REMAIN I R-1 ZONE APN: 439-160-022 PARCEL 22 1.79 NET ACRES .847 GROSS ACRES EXISTING HOUSE (5 BEDROOM) TO REMAIN (E) PATIO TO REMAIN rr rri rT r...--(E) LEACH LINES FOR BOTH EXIST. 1500 GAL SEPTIC SYSTEMS W, 100% EXPANSION TO REMAIN EXIST. BARN TO REMAIN o. (E) PUL °(E) RETAJNI INI GB o •:O);-P. E)TRELLS -• ,A�TpO:. (EI LowcMU :•;• �'A'9� ;RETAINING WALL;.; ; :E]•GRAVEL DRIVE EXISTING MOBILE UNIT A (4 BEDROOM) TO REMAIN EXISTING MOBILE UNITS (4 BEDROOM) TO REMAIN 7 7 T /' 7 LEn9ACtt T 33T11' EROFERTY.J. 0' APN: 439-160-035 VACANT Lo) PARCEL 35 NATURAL VEGRAKI TN CITY OF HEMET 7.77/ / NOT A PART I R-1 ZONE r / / (E) 51561E FAMILY / R�IOENC% R- ZONE SITE PLAN (N) BECK (N) 1,800 S.F. MOBILE HOME 4 BEDROOM NI1600 GAL. SEPTIC TANK W/ 240 SG FT. OF LEACH UNE 00 ( 40' LONG LINES (10 TREE.P5R • CRY a,-28'.U' 1BL' .E GRAVEL PARKING.`'.: (QI I. EI STRG .;. LOT ) ,) I4I' I 176iAHED - 1. stD (E)GAS MTR.E)" .- ( LI yE) TREES 6 SHRUBS TO REMAIN I R-1 ZONE I (E) NATURAL VEGITATKN VACANT LOT APN: 439-311-007 (EE)DIRT DRIVE/ ADD BOUGAINVILLEA BETWEEN EXIST. OLEANDER BUSHES F3R SCREENINE ALONG E(OST. CHANLNK FENCE E)TREES a SHRUBS TO REMAIN TYP. SCALE 1-20-0' 0 10' 20' ITY OF HEMET NOT A PART R-1 ZON E) SINGLE FAMILY RESIDENCE 40' SCALE 1'=20'-0' 50• A 1 5� 1 7 AMENDED CONDITIONAL USE PERMIT NUMBER 4.92 TO ADO NEW (4) BEDROOM MOBILE HOME WITH A DECK TO EXISTING PROJECT SITE. LA VISTA RECOVERY 6 WHOLENESS CENTER 2220 GIRARD STREET SAN JACINTO. CA 92581 APN. 439-166-022.1 TRACT/ PARCEL MAP BOOK:439, PAGE, BLOCK 1601PARCEL 221 ZONING: R-1 GENERAL PLAN: LOW DENSITY RESIDENTIAL UTILRY PURVEYORS: SEWER EMWD WATER EMWD (EASTERN MUNICIPAL WATER DISTRICT] GAS. SO. CAL. GAS ELECTRIC: SO. CAL. EDISON CABLE TIME WARNER CABLE SOLID WASTE CRIB WASTE SERVICES TELEPHONE- VERIZON PROJECT SITE DOES NOT FALL WITHIN A FLOOD ZONE NO SPECIAL FLOOD PLAN REVIEW REQUIRED FOR TH15 PROJECT SITE BUILDING DATA 1E(HOUSE LOWER LEVEL: (2 BEDROOMS) MAIN FLOOR: (1 BEDROOM) SECOND FLOOR: (2 BEDROOMS) TOTAL FLOOR AREA: IS) BEDROOMS) (E) MOBILE UNIT A: (4 BEDROOMS) (E) MOBIEL UNIT B. I4 BEDROOMS) LEI STORAGE BARN: IL/BEDROOMS) NEW MOBILE HOME: N BEDROOMS) TOT RI, F AR A 2.690 S.F. 2,6905.F. 691 S.F. 6,021 S.F. 922 S.F. 1,135 S.F. 640 SF. 1.500 SF. 16,569 SF. 4 NET ACREAGE. 1.29 ACRES (22912 SO. FT.. (PARCEL 22 RECORDED AREA) GROSS ACREAGE 1.641 ACRES (BOA55 SO. FT.) (PARCEL 22 MAPPED AREA) NOT SITE AREA0CCUPEO BY THE USE: 66 646 SO- FT.( PARKING TABULATION NC PAVED. 14 SPACES GRAVEL: '2 SPACES / \ TOTAL SPACES EXISTING: 21 SPACES SHEET INDEX 1 A-1.0 2 A-2.0 3 A-2.1 4 A-22 5 A-3.0 6 A4.1 T A4.0 B A.4.1 OVERALL SITE PLAN EXISTING HOUSE FLOOR PLAN (LOWER LEVEL) EXISTING HOUSE FLOOR PLAN (MAN LEVEL) EXISTING HOUSE FLOOR PLAN (SECOND LEVEL) EXISTING MOBILE HOME FLOOR PLANS NEW MOBILE HOME FLOOR PLAN NEW MOBILE HOME ELEVATIONS NEW MOBILE HOME COLORED ELEVATIONS GENERAL NOTES/ KEY NOTES 1❑ EXISTING 15 GAL. FRUIT TREES TO REMAIN. ADO APROX. 4' DIA. WOOD MULCH RINGS AROUND TREES MIN. r DEEP AS NOTED PER PLANTING LEGEND ON THIS SHEET. EXISTING IRRIGATION SYSTEM TO REMAIN. MODIFY SYSTEM AS REQUIRED FOR NEW PLANTING AREA SHOWN ON PLAN. I] NEW SHADE TREES TO BE ADDED TO CREATE SCREENING OF EXISTING BUILDINGS AS SHOWN ON PLAN. M NEW SHRUBS AT FENCE LINE TO INFB.L BETWEEN THE EXISTING OLEANDER FOR SCREENING OF NEW MOBILE HOME AS SHOWN ON PLAN. E NEW LANDSCAPE AND PLANTING MODIFICATIONS FOR THE AREA AROUND THE NEW MOBILE HOME SHALL FOLLOW THE CITY OF SAN JACINTO GUIDELINES. PLANTING LEGEND: (N) 24' BOX CRAPE MYRTLE (LAGERSROEMIA INDICA) OTT: 2 DBL STAKE (N)15 GAL BOUGAINVILLEA SHRUB (NYCTAGINACEAE) CITY: 14 COLOR TO BE SELECTED BY OWNER e (E) 15 GAL FRUIT TREE (VARIETIES) TO REMAIN (N)1 GAL. DAYLK.Y SHRUBS (HEMEROCALLIS HYBRIDS) 50% ORANGE/ 50%YELLOW, PLANT 24^ 0.C. (N) COLORED WOOD MULCH RED WOOD WALK-0N (SPREAD MIN. 2^ DEEP) AROUND EXISTING FRUIT TREES AND NEW PLANTING AREAS. VICINITY MAP TOMAS GUIDE MAP, 2066, PAGE BIN, GRID: OS COMMONWEALTH AVE' hirl MENLO OR fret 1E 9 NORTH N W Z O O W W 0 0 LL 5. SITE PLAN A-1 IF. SHEETS 951 652-4431 951 552-0373 Fax 530 5t. John Place Hemet, California 92543 u (E) BATHROOM FURANCE 5r% (119 ezto2Urr '--11 (E) l BEDROOM 2 �iw� E' ia�i46'- d µid Latfiseie TO +4=3 O.-F4'-y") (E) BEDROOM 1 4 (E) CLOSET (E) ARCHWES PANTRY' .STQ11110E(7.--- ANINAT E) toms/too-ow `NOON LEGENb; R =1 #If (W'3111.1G) 5 }61Jl t t. r1-V (E)ci61-11.10 sf- .ed�wte+ EXISTING RESIDENCE FOR REFERENCE ONLY (NO CHANGES BEING MADE TO THIS PLAN) EXISTING HOUSE FLOOR PLAN (LOWER LEVEL PLAN) SCALE 1/4"=1'A° A ALL PROJECT DOCUMENTSI ACTIVE PROJECTS% LA VISTA RECOVERY AND WHOLENESS CE TERT445-0e_ rn X z 0 z 0 c to m m 0 0 1 ✓ z z z m r 0 0 U ✓ z w le M corm rnmx O mL m• z O 0 77 mmm 0 z cn _ z cnzm -ooT > z > z 0 m to AAA wmryunmM1 Indmttd m npwwM W eme archtecle Inc 1 Will Al IN Antolini and en MMn-N to M W M mambo, Tit Ns *WM pshd -. Ms **OAF npeeenm a moo M two *Wn,. M pnnbtM eeewl The emlm emend et IWnMMmnean A AMENDED CUP SUBMTTTAL4-92 FOR: LA VISTA RECOVERY AND WHOLENESS CENTER 2220 GIRARD STREET SAN JACINTO, CA 92501 CITYSUBMITTAL 1112 530 St John, Ploca Hemel, Calttomla 92543 951 652-4431 951 652 0373 Fac ALL PROJECT DOCUMENTS% ACTIVE PROECTS\ LA VISTA RECOVERY AND WHOLENESS CENTER 79-4 -o6_ mom mmx • ,Tcn z > • Zt7 o c0m mrnm O z o _ z uJzm 0 m zap c) m 0) M013a 30ON M013a 30021 A NNIIIN N if. wed le eeeNelIII eM 6R *HOB pop* .4 W mho, nIn*MM. or Roar N 9... *..Inge N p,nINRN em,nl 6w emcee .NI N eemnIPAnAnwf MMihch, Me AMENDED CUP SUBMITTAL A92 FOR: LA VISTA RECOVERY AND WHOLENESS CENTER 2220 GIRARD STREET SAN JACINTO, CA 92591 CITY SUBMITTAL 11/26A18 architect's signature archltech Inc 530 St. Johns Place Hemet, Calitornla 92543 951 652-4431 951 652-0373 Fax ALL PROJECT DOCUMENT51ACTIVE PROJECTS% LA VISTA RECOVERY AND WHOLENESS CENTER 7945.O11 m x z 0 0 w 1 m m 0 0 v m a M PosN Ind%PP or 14'0' 6. OnMw .w mr r Aqq M LOP' 10' 20'4' ArehlholA * EXISTING MOBILE FLOOR PLAN -A 1S.10. n6LAWS* ...* N No MM6w1 M ow MMkrd b 6n %NW 1 wommlon NIA NW waffle rq*wt pp. No wmLhs rpralIw or rpm M Wow Snips Y rrnnbM5 s61pM Xw Tellw worn of MnooPwo me44 6ndMIn1., Ma AMENDED CUP SUBMITTAL 4-82 FOR: LA VISTA RECOVERY AND WHOLENESS CENTER 2220 GIRARD STREET SAN JACINTO, CA 92681 crchlMeh Inc 530 CITY SUBMITTAL 1125/09 951 652-4431 951 652-0373 Fa ALL PROJECT OOCl1MEM51_ACTIVE PROJECTSI LA VISTA RECOVERY AND WHOLENESS CENTER 9-45-09_ 1 NEW MOBILE HOME FLOOR PL.AN 1 re• 1 per• 1 °''� 1. o m M uses dngm, n d mnaneenN I boi.d or nneended by trap d,wlnp en M P01.41 of llwrm4Nnlnlwn AMaeek Ip. eM Ielptlh.ld ee41 N an An*anl pd m Idnded In In nod I, e.e..wn sae Me Teelne impel ae eedp,p nMMwAen a Iwp of maps do h..p b mnMMNs *Nisei flu e1kn nnee1 of Ibmn+flwmnsefl / WISmle. Al. aht.descrIpf un Prole AMENDED CUP SUBMITTAL 4-92 FOR: LA VISTA RECOVERY AND WHOLENESS CENTER 2220 GIRARD STREET SAN JACINTO, CA 92531 Issue purpose dots architect's signature Ehltech _Tree 530 St. Johns Placa Hemet, California 92543 951 652-4431 951 652-0373 Fox ALL PROJECT COCOMENrS1ACTIVE PROJECTS% LA VISTA RECOVERY AND WHC_ENESS CENTER79gSpg w mN«m1.e 4 — e..M w In. I..I.m •1 xeT• 4biq .e rl -' eM wMILS M N II. M.AOA wM w AI.Ss4 P. M OW In ..me.e.n .Ill eh 44.m.14n1 .MT. An.exn.n w n.w .I Nw e..m4 9 mnnl..IbN .Ilse the .elM, v..* N H.mm.fl.msmn AMENDED CUP SUBMITTAL 4A2 FOR; LA VISTA RECOVERY AND WHOLENESS CENTER 2220 GIRARD STREET SAN JACINTO, CA 92581 arehtfiefi Inc 530 St. Johns Place Hemel. C&IfernlD 92543 CITY suBMITTAL 11126/08 951 652-4431 951 652-0373 Fox Nx w w w w w a (y Pd F.F. REAR ELEVATION NaMallaboase 111111111111111 FRONT ELEVATION 1111 111111111111111 asistliedazepow 1111111ur rl I 11111111 4 13'-0' LEFT ELEVATION RIGHT ELEVATION NEW MOBILE HOME ELEVATIONS KEY NOTE LEGEND: 1 I FIBER BOARD PANELING TO BE PAINTED W/ ICI PAINT, COLOR: #40YY 60M03, MANUSCRIPT TRIM COLOR AND DECK TO BE PAINTED W/ ICI PAINT, COLOR: #43YY 81/051, CIELO BLANCO El ROOFING MATERIAL: COMPOSITION TILE BY: GAF COLOR: GOLDEN CEDAR IZ NOTE: COLORS ARE PER STANDARD OPTIONS FROM S CYLINE HOMES, INC. SCALE A 1 k /4"=T-0" a Aerial Exhibit A \; Centerline.shp Parcel assessor vievr.shp ..,`Citylimitsshp ClInes.shp Parcels.shp C-1 C-2 C-M City Well D-C D-R EMWD Fire Station M-1 M-I-P MWD Open Space Park Park Hill R-1 R-1 15000 R-1 20,000 R-1 PUD R-2 R-2 PUD R-3 R-3 PUD R-P R-T RAAB Rancho San Jacin S-D SP 1-01 SP 1-02 SP 1-03 SP 1-85 SP 1-91 u School —n7Itit W-2 €' 3 THE RESS- E' NTERPRISE CLASSIFIED ADVERTISING Printed by: Tinajero, Maria at: 3:20 pm on: Friday, Mar 20, 2009 Account Information ¢= ul Phone #: (951) 487-7330 Name: SAN JACINTO, CITY OF Address: P 0 BOX 488 SAN JACINTO CA Acct #: 103537 Client:' Placed by: Mimi Rodriguez Fax #:I (951) 654-8021 Ad Information ? Classification: Legals Publications:' Press -Enterprise Start date:, 03-24-09 Stop dater 03-24-09 Insertions:, 1 Rate code: LE -City Ad type: Ad Liner Taken by: Tinajero, Maria Size: 2x53.700 Bill size: 108.00x 5.14 agate lines Amount due: 118.80 Pri;j Ad #: 9759727 Ad Copy: NOTICE OF PUBLIC HEARING NOTICE 15 HEREBY GIVEN THAT, ON THURSDAY, APRIL 2,2009 AT7:00 P.M., OR SOON THEREAFTER AT THE SAN JACINTO UNIFIED SCHOOL DISTRICT - BOARD ROOM, 2045 5. SAN JACINTO AVENUE, SAN JACINTO, CALIFORNIA, THE SAN JACINTO 92583 CITY COUNCIL WILL HOLD A PUBLIC HEARING. 1. Conditional Use Permit 4-92 Amendment 1 Applicant: Jane Farmer La Vista Recovery and Wholeness Center for Women 2220 Girord St. San Jacinto, CA 92583 An amendment to a previously approved Conditional Use Permit for a subsfonce abuse recovery facility for women is increase the maximum number of residents from 30 to 37, and to add an 1,800 sq. ft. four bedroom manufactured home on 2.36 acres. The site is located in the Single Family Residential, (R-1) zone al 2220 Girard 5t. (APN 439-160-022 and 042). This proposal has been determined to be a Class 32 (Infill Development Project) Categorical Exemption, pursuant to Section 15332 of the Guidelines for Imple- mentation of CEQA. ALL MEMBERS OF THE PUBLIC, WHO WISH TO SPEAK IN FAVOR OF, OR IN OPPOSITION TO AN AGENDA ITEM, MAY SUBMIT A REQUEST TO SPEAK FORM AT THE MEETING PRIOR TO THE HEARING OF A PUBLIC HEARING ITEM. GROUPS WISHING TO ADDRESS THE CITY COUNCIL ON AN AGENDA ITEM ARE REQUESTED TO SELECT A REPRESENTATIVE AND PROVIDE AN OUTLINE OF THE PRESENTATION PRIOR TO THE MEET- ING. GROUPS OR INDIVIDUALS THAT WISH TO CHALLENGE AN ACTION OF THE CITY COUNCIL, MAYBE LIMITED IN THEIR CHALLENGE TO ONLY THOSE ISSUES THAT WERE ADDRESSED AT THE , TIME OF THE PUBLIC HEARING. FURTHER DETAILS ARE AVAILABLE IN THE COMMUNITY DEVELOPMENT DEPARTMENT, 595 5 SAN JACINTO AVE, SAN JACINTO, CA. PHONE: (951) 487-7330. ALL INTERESTED PARTIES ARE '.. INVITED TO ATTEND. Asher Hertel Planning Director PUBLISH DATE: March 24, 2009 3/24 3450 Fourteenth St. Riverside, CA 92501-3878 1-800-880-0345 951-684-1200 951-368-9018 Fax CITY +iF SA JACI CITY COUNCIL Notice of Public Hearing Conditional Use Permit No. 4-92, Amendment No. 1 PROPOSAL APPLICANT: ENVIRONMENTAL DATE/TIME WHERE TO GO WHO TO CAL A proposal to amend a previously approved Conditional Use Permit for a substance abuse recovery facility for women to increase the maximum number of residents from 30 to 37, and to add an 1,800 sq. ft. four bedroom manufactured home on 2.36 acres. The site is located in the Single Family Residential, (R-1) zone at 2220 Girard St. (APN 439-160-022 and 042). Jane Farmer La Vista Recovery and Wholeness Center for women 2220 Girard St. San Jacinto, CA 92583 This proposal has been determined to be Class 32 (In -fill Development Project) Categorical Exemption, pursuant to Section 15332 of the Guidelines for Implementation of CEQA. Thursday, April 2, 2009 7:00 p.m. San Jacinto Unified School District Board Room 2045 S. San Jacinto San Jacinto, CA 92583 For additional information contact: Mike Hasapes Community Development Dept. 595 S. San Jacinto Ave San Jacinto, CA 92583 (951) 487-7326 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AFFIDAVIT/CERTIFICATE OF MAILING PURSUANT TO CCP 1094.6 I am a citizen of the United States and employed in Riverside County, California. I am over the age of eighteen years and not a party to the within -entitled action. My business address is City of San Jacinto, 595 S. San Jacinto Ave., San Jacinto, California 92583. I am readily familiar with the City's practice for collection and processing of correspondence for mailing with the United States Postal Service. On March 23, 2009, I placed with the City at the above address for deposit with the United States Postal Service a true and correct copy of the within document(s): City Council Notice of Public Hearing RE: Conditional Use Permit 4-92, Amendment No. 1 in a sealed envelope, first-class mail, postage fully paid, addressed as indicated on the following page(s). Following ordinary business practices, the envelope was sealed and placed for collection and mailing on this date, and would, in the ordinary course of business, be deposited with the United States Postal Service on this date. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on March 23 2009, at San Jacinto, California. Print Name: Dean RVPUB\JB ALLINGER\'706163. I Affidavit/Certi finale of Mailing nnrsnant to CCP 1094 fi(hl SI ATE Oir CALIFORNIA - HEALTH A Nn HUMAN SERVICES ARENCY ARNOLD HCH AR:MEM:IMO EIR DEPARTMENT OF OF ALCOHOL AND DRUG PROGRAMS 1700 K STREET SACRAMENTO, CA 95S / I4037 IUD (916) 445-1942 1,910445-043 March 13, 2009 San Jacinto City Council 595 South San Jacinto Street San Jacinto, California 92583 Dear City Council Members: RECE-AVED crrY OF SAN dACINTO MAR 2 As the Director of the California Department of Alcohol and Drug Programs, I am respectfully writing to you to encourage your support and approval of La Vista's bid for a Conditional Use Permit Amendment, They are requesting this for the addition of a 1,800 square foot manufactured home to house their perinatal residents, and an increase in residential capacity from 30 to 37. I understand this is only their second request in 29 years for an increase in the number of women they will be able to serve, and that this requested increase will provide extended transitional care to seven women completing their treatment program. I have visited their program and I am extremely supportive of La Vista's rnission to help women most in need. I admire the dedication of this agency to help our community. Again, thank you for your past support of La Vista Recovery and Wholeness Center for Women and for your service to our community! Sincerely, -411 RENEE 7IT Director MSW, CASAC DO YOUR PART To HELP CAUF0 RNA SAVE ENERGY or cscrgy saving Nisi, HEM Hst FREY: Mow- Posmr websitc: at County of Riverside Department of Public Social Services C.A.R.E. PROG 43950 E. Acacia Ave. B Hemet, CA 92544 Ph.: 951-791-3446 * Fax: 951-791-3450 FECE, March 17.2009 San Jacinto City Council 595 S. San Jacinto Ave. San Jacinto, CA 92583 Dear San Jacinto Council Members: This letter is being written to support the efforts of LaVista Recovery Center to remain in their present location, and to add a new peri-natal unit. LaVista has been an important part of our community providing support and healing to women and their families for over 35 years. It is the only facility like it, and adding to its benefits is the special housing and programs to serve senior women. The peri-natal unit has been a dream of LaVista's for many years and is needed in our community. LaVista has restored many, many lives and families over the years. They have earned the respect of the community, and their partner agencies through their responsible management of LaVista property and programs. They deserve the support of the San Jacinto City Council for their Conditional Use Permit and to add the peri-natal building. Thank you for your consideration, /41-44,-1.2.1' Margo Hamilton, Regional Manager C.A.R.E. Program, Riverside County urtair g , buse a ated to t derly RECETIED orry of sAN JAcigro 09 • / -RK i'44-14P1C1 March 19, 2009 San Jacinto City Council 595 S. San Jacinto St. San Jacinto, CA 92583 Dear City Council Members; I am respectfully writing to you encourage your support and approval of La Vista's bid for a Conditional Use Permit Amendment they are requesting for the addition of a 1,800 square foot mobile to house their Perinatal Residents and an increase in residential capacity from 30 to 37. I understand that this is only their second request in 29 years for an increase in the number of women they will be able to serve and that this requested increase will provide extended transitional care to 7 women completing their treatment program. I am extremely adamant about La Vista's Mission to help the women most in need and admire the dedication by this agency to help our community. The need for La Vista and its growth is really necessary. I am one of the women, Debbie Leslie, which has been truly blessed and helped by La Vista. I came to La Vista on November 29, 2007. I found myself alone, hurt, broken, hopeless, one more time. As I sat on the front porch at La Vista, I cried. In order to live, I needed to let La Vista's Program in my life, my soul, my heart. La Vista's Program works! It has taught me I never have to drink or use one day at a time, to be honest, to be open, to be willing, and to change my life. La Vista's Program gave me structure, rools to live by, classes to learn from, to take responsibility for myself and my actions, it taught me and encouraged me. The Director Jane Farmer is one amazing woman, of courage, strength, and inspiration; she continues to teach me and all the women in the program. I am able to pay it forward. Thank you La Vista!!! Debbie Leslie RECEAVED CITY OF SAN JACONTO MAR -R. 2009 To: San Jacinto City Council Mail: San Jacinto City Council 2045 S. San Jacinto 595 S. San Jacinto San Jacinto, CA 92583 S6-n Jacinto, CA 92583 ATTEND CITY COUNCIL MEETING Thursday April 2, 2009 7:00pm 2045 S. SAN JACINTO By my signature below, I urge San Jacinto City Council to support and approve La Vista's Conditional Use Permit Admendment # 4-92 Date tisq Date 3/i 310 eTV.)\11( Date ?)\ 4,E 7 Date 1Ts7//1/( r Date Date 3//3/6 ';a144 di/a kvi y 00 rt_(ty rict.cc, 4. >rN, (- 46YAXt-Y-) Date 32/s / 3 Date Date Date 3/):5/(76( Date Date Date Date Date Date Date 12 MAR To: San Jacinto City Council Mail: San Jacinto City Cork 2045 S. San Jacinto 595 S. San Jacinto San Jacinto, CA 92583 San Jacinto, CA 92583 ATTEND CITY COUNCIL MEETING Thursday April 2, 2009 7:OOpm 2045 S. SAN JACINTO By my signature below, I urge San Jacinto City Council to support and approve La Vista's Conditional Use Permit Admendment # 4-92 7 7/) CGC/Zf re Date 1 Date - / 210 Date Date Date Date _ ) .- 1 Date 3 Date Date 3- /2 Dated (_ Date 3-/2-40 9 Date Date Date Date Date Date To: San Jacinto City Council Mail: San Jacinto City Coun-h -- — 2045 S. San Jacinto 595 S. San Jacinto San Jacinto, CA 92583 San Jacinto, CA 92583 ATTEND CITY COUNCIL MEETING Thursday April 2, 2009 7:O0pm 2045 S. SAN JACINTO By my signature below, I urge San Jacinto City Council to support and approv, La Vista's ConditionaUseeermit Admendment # 4-92 Date`-/c Date S - iz Yak Date 3 _ I`Z-2? Date ;///,©,5 Date j)1 /c73 (4) Date Date Date ,12 Date . -3- 9 2- O ci Date Date 3. Date -/e9 - 67 Date - Date Date , / — Dater /9 -6? Date 2/---73 I R` RECEIVED CITY OF SAN JACINTIN MAR. 2vog • To: San San Jacinto City Council Mail: San Jacinto City Council 2045 S. San Jacinto 595 S. San Jacinto San Jacinto, CA 92583 San Jacinto, CA 92583 ATTEND CITY COUNCIL MEETING Thursday April 2, 2009 7:00pm 2045 S. SAN JACINTO By my signature below, I urge San Jacinto City Council to support and approv La Vista's Conditional Use Permit Admendment # 4-92 Deat, (72,4-40 Cvc • -co,cN 0 C P_ / Date Dateff__/. Date Date Date 3 a- 09 Date Date Date /2 0 °I Date S \ N Date - Date I - C29 /7e), Date -7671 Date Date Date Date 12- \.T To: San Jacinto City Council Mail: San Jacinto City Council 2045 S. San Jacinto 595 S. San Jacinto San Jacinto, CA 92583 San Jacinto, CA 92583 ATTEND CITY COUNCIL MEETING Thursday April 2, 2009 7:00pm 2045 S. SAN JACINTO By my signature below, I urge San Jacinto City Council to support and approve La Vista's Conditional Use Permit Admendment # 4-92 1 rl. _ �-Q Date Date -1 ' - 0 ci Date S �� ycA Date CI Date :3- 13. 0 cl Date' - (3 - © 9 Date -/3 - o Date 3 f3 -c Date Date Date 3 Date Date Date Date Date Date II To: San Jacinto City Council Mail: San Jacinto City Council 2045 S. San Jacinto 595 S. San Jacinto San Jacinto, CA 92583 San Jacinto, CA 92583 ATTEND CITY COUNCIL MEETING Thursday April 2, 2009 7:00pm 2045 S. SAN JACINTO By my signature below, I urge San Jacinto City Council to support and approve La Vista's Conditional Use Permit Admendment # 4-92 Date 3— (1 Date..17Th ao._0 Date --Zo7 i Date 3 /2 0' Date �L /0` - Date 3 e Date (), 0,� Date c3 Date ?' �2O ( C-27 Date Date Date Date Date Date Date Date 2 /© AEU:ER/PO MY OF SAN jACINTO To: San Jacinto City Council Mail: San Jacinto City Council 2045 S. San Jacinto 595 S. San Jacinto San Jacinto, CA 92583 San Jacinto, CA 92583 ATTEND CITY COUNCIL MEETING Thursday April 2, 2009 7:00pm 2045 S. SAN JACINTO By my signature below, I urge San Jacinto City Council to support and approve La Vista's Conditional Use Permit Admendment # 4-92 \-V.111 ae7 It) X./ n (41 ed-ei Date 3 C1 Date T 4/ /0 Date I - Date / -619 Date Date Date Date_3(-)--/ /O Date -3- 2 / 9 Date '3 -3-1-6 Date •-a 1-C al Date 3 - - Date Date Date 3-21-C Date Date 3-.2/ -o9 3-2 1-0 51 iq To: San Jacinto City Council Mall: San Jacinto City Cod�Cit- 2045 S. San Jacinto 595 S. San Jacinto San Jacinto, CA 92583 San Jacinto, CA 92583 ATTEND CITY COUNCIL MEETING Thursday April 2, 2009 7:00pm 2045 S. SAN JACINTO By my signature below, i urge San Jacinto City Council to support and approve La Vista's Conditional Use Permit Admendment # 4-92 sA0s.fzGi`.0 "2, Date 2 lei-Ock Date 3- lS-09 Date 5 /cP- CJ Date 3-/g`-Q�? Date 3—113_0aJ Date / sj' d Date 3-/B' of Date 3-/2s-49 Date 3-« _41 Date 3-/B --- Date 3 ' / - • Q C( ja n4,t7:2_ , Date 3--/ 7 o9 Date Date Date Date Date T'd 99998596:01 lZ :WOad d80:80 6O82-22-ddW RECErtig-Arj TY OF SAN jACiNTO To: San Jacinto City Council Mail: San Jacinto City Council 2045 S. San Jacinto 595 S. San Jacinto San Jacinto, CA 92583 San Jacinto, CA 92583 ATTEND CITY COUNCIL MEETING Thursday April 2, 2009 7:00pm 2045 S. SAN JACINTO By my signature below, I urge San Jacinto City Council to support and approvL,aVistas Conditional Use Permit Admendment # 4-92 Date 3- r Date—/2--c Date.:3 -/c;/ 0/ Date -) • 0 C Date7 Date 3 - 09 Date 5- Date) 9 Date Date Date Date Date Date Date Date Date To: San Jacinto City Council Mail: San Jacinto City Council 2045 S. San Jacinto 595 S. San Jacinto San Jacinto, CA 92583 San Jacinto, CA 92583 ATTEND CITY COUNCIL MEETING Thursday April 2, 2009 7:OOpm 2045 S. SAN JACINTO By my signature below, I urge San Jacinto City Council to support and approve La Vista's Conditional Us it Admendment # 4-92 Date 3 -/ `l Date --17 -- 'Cf lC A:C Date Date Date Date Date Date Date Date Date Date Date Date Date Date Date To: San Jacinto City Council Mail: San Jacinto City Council 2045 S. San Jacinto 595 S. San Jacinto San Jacinto, CA 92583 San Jacinto, CA 92583 ATTEND CITY COUNCIL MEETING Thursday April 2, 2009 7:00pm 2045 S. SAN JACINTO By my signature below, I urge San Jacinto City Council to support and approve La Vista's Conditional Use Permit Admendment # 4-92 0 ktlj in✓I Date Date Date Date Date Date y„4 Date`--)11/act Date-7/vVe#, Date 3/S/O Date Y/5/`q Date VD I u �� Date .g l5 Date Date s= ;f S, Date Date 3-//P7 Date LE, To: San Jacinto City Council Mail: San Jacinto City Council' 2045 S. San Jacinto 595 S. San Jacinto San Jacinto, CA 92583 San Jacinto, CA 92583 MAR '1109 ATTEND CITY COUNCIL MEETING Thursday April 2, 2009 7:00pm 2045 S. SAN JACINTO By my signature below, I urge San Jacinto City Council to support and rove La Vista's C nditional Use Permit Admendment # 4-92 7 Li U04114/1AA.<- Date 5 Date Or Date Date ?/ / • Date 3 Date 305- 0 Date ,3/(5---o 9 Date Date Date 3-f 5 49 Date Date 27-1 Date —3 -- I e-) cf. Date .3 - /-67 Date 3 - - Date 44_0 el Date CEVE ;1,i Of- SAN To: San Jacinto City Council Mail: San Jacinto City Council 2045 S. San Jacinto 595 S. San Jacinto MAR San Jacinto, CA 92583 San Jacinto, CA 92583 ATTEND CITY COUNCIL MEETING e Thursday April 2, 2009 7:00pm 2045 S. SAN JACINTO By my signature below, 1 urge San Jacinto City Council to support and approve L Vista's Conditional Use Permit Admendment # 4-92 Date Date Date T\di tA-1 cf //\ y Date / I C Date Date Date Date Date Date Date Date 0.) I Date 3 5- Date _3 Date Date 5 /& f :2;,_,Date To: San Jacinto City Council Mail: San Jacinto City Council 2045 S. San Jacinto 595 S. San Jacinto San Jacinto, CA 92583 San Jacinto, CA 92583 ATTEND CITY COUNCIL MEETING Thursday April 2, 2009 7:00pm 2045 S. SAN JACINTO By my signature below, I urge San Jacinto City Council to support and appr, e La Vis s Conditional Use Permit Admendment # 4-92 Date - 7- / 'z27 Date 3-) 14 - Date-%% Date Dater3-' 14 — Date/ 69 Date Date -3]ly Date 3/N/07 Date,7 iv a 9 Dat / 9 Date Dat Date ` ltA - Date 3 / - 0 3/ Li/ Y hr E5.5 D To: San Jacinto City Council Mail: San Jacinto City Council 2045 S. San Jacinto 595 S. San Jacinto San Jacinto, CA 92583 San Jacinto, CA 92583 ATTEND CITY COUNCIL MEETING Thursday April 2, 2009 7:00pm 2045 S. SAN JACINTO By my signature below, I urge San Jacinto City Council to support and approve La Vista's Conditional Use Permit Admendment # 4-92 ait ilrrr-- � Date ,'lL_// oy Date 5I--1fO Date ��/ 14.1 Oj Date.'/` ! p Date Date Date 3 Date( 3 Date Date I lq (o�, Date (3 ` ' Date Date Date--1(4,09 Date -3 —4 7 1 Data-Z—/V-6/ Date 3'-11 To: San Jacinto City Council Mail: San Jacinto City Council 2045 S. San Jacinto 595 S. San Jacinto San Jacinto, CA 92583 San Jacinto, CA 92583 ATTEND CITY COUNCIL MEETING Thursday April 2, 2009 7:00pm 2045 S. SAN JACINTO By my signature below, I urge San Jacinto City Council to support and approve La Vista's Conditional Use Permit Admendment # 4-92 s ow -IF ..efa Date 20 ci -60‘ Date Date 2 Date 3 - f' L _ o Date Date 3-/�� Date Date 3-lq-C�� Date 3 f 11-1°7 Date cal 141 Date S/l `///) Date 2, rp3ly Date'«cLQA - Date 3 // 9 Date Date 3--tc-t--oc9 Date �j / U� 3---- 7 4 -4 (J To: San Jacinto City Council Mail: San Jacinto City Council 2045 S. San Jacinto 595 S. San Jacinto San Jacinto, CA 92583 San Jacinto, CA 92583 ATTEND CITY COUNCIL MEETING Thursday April 2, 2009 7:O0pm 2045 S. SAN JACINTO By my signature below, I urge San Jacinto City Council to support and approve La Vista's Conditional Use Permit Admendment # 4-92 Date . ..a / Z C7 AA G, c f nef A A Date 3 Li - 0 `f Date 3 / Date Date Date Date Date Date Date Date 3l/ d Date ✓?,.%d7 Date 3/`1 `--i o 6/ Date R/J `t Date, Date Date To: San Jacinto City Council Mail: San Jacinto City Council 2045 S. San Jacinto 595 S. San Jacinto San Jacinto, CA 92583 San Jacinto, CA 92583 ATTEND CITY COUNCIL MEETING Thursday April 2, 2009 7:00pm 2045 S. SAN JACINTO By my signature below, I urge San Jacinto City Council to support and approve La Vista's Conditional Use Permit Admendment # 4-92 Date Date Date Date Date Date Date // /3 "G`q 3-0 Date Date Date l 3-\' Date jam,-13--2cr'9 Date Date //3/J Date 3 / 3 -- K Date Date '$ Date 11- RECEIVED CITY OF -SAN JACINTO t2U77. To: San Jacinto City Council Mail: San Jacinto City Council 2045 S. San Jacinto 595 S. San Jacinto San Jacinto, CA 92583 San Jacinto, CA 92583 ATTEND CITY COUNCIL MEETING Thursday April 2, 2009 7:00pnn 2045 S. SAN JACINTO By my signature below, I urge San Jacinto City Council to support and approve La Vista's Conditional Use Permit Admendment # 4-92 77 ) -e 1' Date Date 3 Date 3-2_002 L., Date 3-- cci Date ,;,'V-F7c7 L. Date Date Date 3-/g Date 3 --/-?-7W Date ;) /.:=? -72 Date z.3 /6 - I Date a 3-0 Date3-/ 3._ 65 Date :3 / 3 - 9 Date ?1 Date 3 Date 3-11 3 To: San Jacinto City Council Mail: San Jacinto City Council 2045 S. San Jacinto 595 S. San Jacinto San Jacinto, CA 92583 San Jacinto, CA 92583 ATTEND CITY COUNCIL MEETING Thursday April 2, 2009 7:00pm 2045 S. SAN JACINTO By my signature below, I urge San Jacinto City Council to support and approve La Vista's Conditional Use Permit Admendment # 4-92 g ��r fig Date Date 0 -/, ° C% l Date Date Date ,3 Date Date Date Date Date Date Date Date Date Date Date To: San Jacinto City Council Mail: San Jacinto City Council 2045 S. San Jacinto 595 S. San Jacinto San Jacinto, CA 92583 San Jacinto, CA 92583 ATTEND CITY COUNCIL MEETING Thursday April 2, 2009 7:00pm 2045 S. SAN JACINTO By my signature below, I urge San Jacinto City Council to support and La approVe Vista' no cbticonal Use Permit Admendment # 4-92 i', i) ()Date 6 3 ' 13- L) 9 Date Date ate 3 ate Date Date Date Date Date Date Date Date Date Date Date Date RECEIVE-0 CITY OF SAN JAMIE) To: San Jacinto City Council Mail: San Jacinto City Council 2045 S. San Jacinto 595 S. San Jacinto San Jacinto, CA 92583 Sgh Jacinto, CA 92583 ATTEND CITY COUNCIL MEETING Thursday April 2, 2009 7:00pm 2045 S. SAN JACINTO By my signature below, I urge San Jacinto City Council to support and approve La Vista's Conditional Use Permit Admendrnerit # 4-92 - )-) , /(4-5 0-C2 43-0 9 Date 1 sh Mie-lip.x_t (/ :,1 Date i 3/,3 /0 /,,lHjr /"\\ C446 1--1,A j Date Date Date /DI 0 Date / /3 / Date Date Date Date3 Date 3 / Date Date Date 3/ A/3-/c77,- Date 3/13 /01 11- RECENED OF SAN To: San Jacinto City Council Mail: San Jacinto City Council 2045 S. San Jacinto 595 S. San Jacinto San Jacinto, CA 92583 San Jacinto, CA 92583 ATTEND CITY COUNCIL MEETING Thursday April 2, 2009 7:O0pm 2045 S. SAN JACINTO By my signature below, I urge San Jacinto City Council to support and approve La Vista's Conditional Use Permit Admendment # 4-92 Date 34 //c c Date :3 Date. Date Date Date Date Date �'�' Date 3.. , f - c) 9 Date` Date /_Q Date Date 3/15 9 2( AGENDA - TRANSMITTAL FORM TO: Dorothy L. Chouinard, City Clerk Enclosure: Staff Report for CC [CC or RDA] Meeting of 04-02-09 Ordinance No. 09-10 (Wireless Telecommunication Facilities), Zoning Ordinance Amendment 01-09 (name — brief description) _ Consent Calendar Item ► Public Hearing Item: Notice required x yes _ no Copy attached x yes no Published 3-24-09 (date(s) Notices sent N/A (date(s) City Departments Item i► Attachments include (this needs to match the attachment list in the Staff Report: ■ Ordinance 09-10 lanning Commission -& Resolution of 3-12-09 Existing Regulations From Zoning Ordinance sodPleae preJa ful y execute copy oidocument to: Asher Hartel Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: Name of person that will be presenting item at the meeting: Asher Hartel DATE: 3-23-09 Asher Hartel, Planning Director [Name or Initials], [Title] S:\Community Development\PLANNER\Asher\ZOA 01-09 Gateway area telecom facilities stds\CC Transmittal 4-2-09.doc April 2, 2009 TO: FROM: Asher Hartel, AICP, Planning Director AGENDA ITEM The Honorable Mayor and Members of the City Council SUBJECT: Ordinance No. 09-10 (Gateway Area and City-wide Wireless Telecommunication Facilities Ordinance), Zoning Ordinance Amendment 01-09. Applicant: City of San Jacinto 595 S. San Jacinto Avenue San Jacinto, CA 92583 RECOMMENDATION: Staff recommends that the City Council by motion: Introduce Ordinance No. 09-10, Zoning Ordinance Amendment 01-09, for first reading in the form submitted by the Planning Commission, and by further motion read by title only. An Ordinance of the City Council of the City of San Jacinto, California, approving amendments to Article 23, Section 23.76, Wireless Telecommunication Facilities, to amend the City's regulations establishing standards for wireless telecommunications facilities in the Gateway Area and City-wide. Consider amendment to the proposed Ordinance No. 09-10 regarding the City- wide limitation on the term of conditional use permits for Wireless Telecommunication Facilities based on recommendation from the City Attorney's office. Page 1 of 4 BACKGROUND: The City Council, on February 5, 2009 directed staff to develop standards for wireless telecommunications facilities in and around the Gateway Area of the City. This direction from Council was related to the review for ratification of Planning Commission approval of CUP No. 12-08 on December 11, 2008 for a wireless telecommunications facility with a 55-foot high stealth monotree tower at 1209 W. Ramona Expressway. CUP No. 12- 08 was continued for 90 days to May 7, 2009, so that staff could develop the new standards within the 90-day continuance period for CUP 12-08. On March 12, 2009 the Planning Commission recommended, with a 5-0 vote, that the City Council approve the standards for wireless telecommunications facilities in the Ordinance described above. The Planning Commission staff report of March 12, 2009 is attached. DISCUSSION : The City's current Zoning Ordinance includes several pages of detailed standards for telecommunications facilities in Article 23, Section 23.76 — Wireless Telecommunication Facilities (attached). In response to the City Council's concerns, staff drafted additional standards that were reviewed and modified by the Planning Commission on March 12, 2009. These additional standards would apply to the Gateway Area and to other areas around the Gateway Area, which have been defined as the major highways in the City, most of which converge in the Gateway Area. The intent of the additional standards in the attached Ordinance is to add standards for the 1,700 acre Gateway Area in the northwest area of the City and along major highways leading from the Gateway Area in order to provide additional concealment for telecommunications facilities. The major highways that would be affected are shown on the attached General Plan Circulation Element Figure C-2, Roadway System map. The new standards would apply to the "Gateway Area" and to any area within 1,000 feet of General Plan Circulation Element roads designated as a Freeway, Limited Access Conventional Highway (6 or 8 lanes), Urban Arterial, or Arterial. These roads would consist of the ultimate Highway 79 Freeway and the Mid -County Parkway, Ramona Expressway, Sanderson Avenue, Warren Road, and Cottonwood Avenue. The standards require a monopole tower to utilize stealth design and be set back a minimum of 200 feet from the above roads, except in cases of co -location with existing telecommunications facilities constructed prior to adoption of the new standards. New telecommunications facilities are required to be located near any trees, vegetation, buildings, or other features that may exist on a project site to provide screening and concealment. A facility must provide at least two new 48-inch box trees in close proximity to a stealth monopole and suitable landscaping with bushes, shrubs, vines on fences or walls, etc., to provide screening and concealment. Any trees on the project site within 100 feet of the facility may be reasonably trimmed and pruned, but must be maintained at a height consistent with the height of a stealth monopole tower, and must not be removed unless recommended by an arborist due to disease. Any removed tree must be replaced with at least one 48-inch box tree. Page 2 of 4 Pre -Development Review Sub -Committee The Pre -Development Review Sub -Committee reviewed the proposed standards on March 2, 2009. It was recommended that inclusion of a 5-year time limit on approvals for future telecommunications facilities in the Gateway Area should be considered in view of potential future commercial development that could be compromised by the existence of these types of facilities. Planning Commission Hearing The Planning Commission considered the new standards for telecommunications facilities discussed above, along with the 5-year time limit for a telecommunications facility in the Gateway Area that was recommended at the Pre -Development Review Sub -Committee meeting. Staff and the City Attorney found this 5-year time limit in the City of Oceanside Municipal Code. The Planning Commission recommended the standards, and as regards the 5-year time limit the Commission recommended that it apply City-wide instead of being limited to the Gateway Area. New State Legislation for Wireless Telecommunications Facilities Since the Planning Commission hearing, staff has been advised by the City Attorney of newly enacted State legislation that limits the City's ability to impose a 5 year term on CUPs granted for Wireless Telecommunications Facilities. Government Code section 65964 presumes that CUP limits for wireless telecommunication facilities of less than 10 years are unreasonable. This means that the recommended 5 year limitation for all Wireless Telecommunication Facilities in the City, as proposed by the Planning Commission, does not appear to be legally defensible, and the City Attorney's office recommends against adoption of such City-wide limitation. There are, however, two exceptions that would allow limitation of a CUP term to less than 10 years. According to Section 65964, cities may limit a CUP to less than 10 years if they can articulate "public safety or substantial land use reasons" for doing so. Unfortunately, because the language added to Section 65964 is so new, there is no case law clarifying what public safety or land use reasons are acceptable. Based on Govemment Code section 65964, in order to include a 5 year limitation on a CUP granted for the Gateway Area, the City would have to articulate compelling land use reasons for the 5 year limitation. Otherwise, the CUP duration must be extended to a 10 year term. As for CUPs granted within all other areas of the City, it appears that the City can include a time limit on these as well, provided that it must be no less than 10 years. ENVIRONMENTAL ANALYSIS: Pursuant to the CEQA process, this ordinance is exempt from further environmental review under the California Environmental Quality Act ("CEQA") (Cal. Pub. Resources Code, §§ 21000) and its implementing regulations because the proposed amendment is not a 'project' within the meaning of CEQA Regulations section 15378(b)(2) in that it is Page 3 of 4 merely general policy or procedure making and because the ordinance is exempt from further environmental review pursuant to CEQA Regulations section 15061(b)(3) based on the fact that the ordinance is within the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment and it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment. CONCLUSION: The proposed additional standards for telecommunications facilities in the attached Ordinance No. 09-10 are as recommended by the Planning Commission. Staff recommends that the City-wide 5-year time limit be revised to 10 years in view of the newly enacted State legislation. If Council wishes to include a time limit of 5 years in the Gateway Area, staff recommends that Council direct staff to include "substantial land use reasons" to comply with State law in a revised ordinance for further Council consideration, and continue the item for 30 days. Otherwise, staff recommends Council approval per the Planning Commission recommendation, with the 5-year time limit revised to 10 years City-wide. FISCAL IMPACT: None to the City, unless the new regulations are challenged and require legal defense by the City's legal counsel. ATTACHMENTS: A. Ordinance No. 09-10 B. Existing Regulations From Zoning Ordinance (Article 23, Section 23.76 (Wireless Telecommunication Facilities) C. Planning Commission Resolution No. 09-06 of March 12, 2009 D. Planning Commission Staff Report of March 9, 2009 E. Map of Wireless Telecommunication Facilities Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ORDINANCE NO. 09-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO AMENDING ARTICLE 23 OF THE ZONING ORDINANCE TO AMEND THE CITY'S REGULATIONS ESTABLISHING STANDARDS FOR WIRELESS TELECOMMUNICATIONS FACILITIES IN THE GATEWAY AREA AND CITY-WIDE WHEREAS, the City of San Jacinto ("City") is authorized by California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, Government Code section 65850, subd. (c) permits local authorities, by ordinance or resolution, to establish requirements for regulating the location, height, bulk, number of stories, and size of buildings and structures; and WHEREAS, the City Council has previously adopted standards for regulating wireless telecommunications facilities in Article 23 of the Zoning Ordinance; and WHEREAS, the City Council has determined that additional standards are required to regulate wireless telecommunications facilities in the City's Gateway Area and in other areas adjacent to major highways THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES ORDAIN AS FOLLOWS: Section 1. The City Council hereby adopts the recitals of this Ordinance as true and correct and such recitals are hereby incorporated by reference as though fully set forth in the text of this Ordinance. Section 2. San Jacinto Zoning Ordinance Article 23, Section 23.76 shall be amended to add the following: p. The following additional standards and conditions shall apply to Wireless Telecommunication Facilities within the "Gateway Area" as designated in Exhibit "A" of Article 23 of the Zoning Ordinance, and to any Wireless Telecommunication Facility located within one thousand (1,000) feet of the ultimate right- of-way of roadways defined in the General Plan Circulation Element as a Freeway, Limited Access Conventional Highway (6 or 8 lanes), Urban Arterial, or Arterial as designated in Exhibit "B" of Article 23 of the Zoning Ordinance as designated in Exhibit "B" of Article 23 of the Zoning Ordinance: A monopole tower shall utilize stealth design and be set back a minimum of two hundred (200) feet from the ultimate right-of-way of any of the above referenced roadways, except in cases of co -location with existing Wireless Telecommunications Facilities approved prior to adoption of this regulation on April 16, 2009. ii. A Wireless Telecommunication Facility shall be located near any trees, vegetation, buildings, or other features that may exist on the project site that would aid in providing screening and concealment. To provide screening and concealment, at least two new forty-eight (48) inch box trees of similar appearance to a stealth monopole tower shall be provided in close proximity to the facility, as well as suitable landscaping including, but not limited to bushes, shrubs, and vines on fences or walls. Trees on the project site within one hundred (100) feet of the facility may be reasonably trimmed and pruned, but shall be maintained at a height that is consistent with the height of a stealth monopole tower, and shall not be removed unless recommended by an arborist due to disease. Any removed tree shall be replaced with at least one (1) forty-eight (48) inch box tree. 6. Term of CUP; Termination: Any CUP granted for a Wireless Telecommunication Facility within the City, except for facilities located on previously existing structures such as light standards or buildings, shall be limited to a term of five (5) years. The CUP shall automatically terminate at the end of the five (5) year period, unless renewed for additional five (5) year term(s) pursuant to the applicable provisions of the then -current Zoning Ordinance. Section 3. Severability. Should any provision, section, paragraph, sentence or word of this chapter be determined or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this chapter shall remain in full force and effect. Section 4. CEQA. Pursuant to the CEQA process, this ordinance is exempt from further environmental review under the California Environmental Quality Act ("CEQA") (Cal. Pub. Resources Code, §§ 21000) and its implementing regulations because the proposed amendment is not a 'project' within the meaning of CEQA Regulations section 15378(b)(2) in that it is merely general policy or procedure making and because the ordinance is exempt 2 from further environmental review pursuant to CEQA Regulations section 15061(b)(3) based on the fact that the ordinance is within the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment and it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment. Therefore, staff will file a Notice of Exemption with the County within 3 working days of the adoption of this ordinance. Section 5. Effective Date. This ordinance shall take effect and be in full force on the 30th day from and after its second reading. Introduced at a regular meeting of said City Council on the 2nd day of April, 2009, by the following vote: MOVED, PASSED, AND ADOPTED at a regular meeting of the City Council on the 16th day of April, 2009 by the following vote: Ayes: Nays: Absent: Abstain: ATTEST: Dorothy L. Chouinard, City Clerk City of San Jacinto By Dale Stubblefield, Mayor 3 EXHIBIT "A" GATEWAY AREA 4 �°�.. � �.=�-I �� EXHIBIT "B" ROADWAY SYSTEM (FREEWAYS, LIMITED ACCESS CONVENTIONAL HIGHWAYS (6 OR 8 LANES), URBAN ARTERIALS, AND ARTERIALS) 5 RAMONA EXPWY. LEGEND: = CITY BOUNDARY FREEWAY ® MI ® = LIMITED ACCESS CONVENTIONAL HIGHWAY (6 OR 8 LANES) = URBAN ARTERIAL = ARTERIAL = MAJOR = SECONDARY ®- = COLLECTOR = ROADWAY OUTSIDE CITY SPHERE = OVER/UNDER CROSSING = MID COUNTY PARKWAY ALTERNATIVE 1 = MID COUNTY PARKWAY ALTERNATIVE 2 sources: County of Nlver de G1S,C:y of San Jacineo,USGS 0 1,000 2,000 4,600 f9 North 2 LAMB CYN. RD. r � xxtfl3,T • SIN �� �17 <- 0. `fR • sA 1� ! 7TH ST. z 0 r SAN JACINTO RESERVOIR COTTONWOOD AV. :>- EATON AV. FRUITVALE AV. MENLO AV. Rp ESPLANAD7 AV. - _BUD PIP SOBOBA RD. WEALTH AV. WASHINGTON AV. an PR�� � k'9V \ \ a t Figure C-2 Roadway System San Jacinto General Plan C-19 May 2006 7_Mikr t).Drk,tNCE, &G& a3 23.76 - Wireless Telecommunication Facilities 1. Wireless Telecommunication Facilities are subject to the following: a. Applications for Wireless Telecommunication Facilities are subject to a two -level review process as provided in this section. Applications for Wireless Telecommunication Facilities are subject to either: Approval by the Project Review Committee (PRC) consisting of the City Manager or a designated representative and the City Engineer or; 11. Planning Commission approval of a Conditional Use Permit. Those applications that meet the design and development guidelines outlined below will require approval of the Project Review Committee (PRC). Those applications that require a CUP and do not meet all the design and development guidelines outlined below require a PRC review and approval by the Planning Commission at a noticed public hearing. 2. Project Review Committee (PRC) review: The PRC shall approve Wireless Telecommunication Facilities only if it finds as follows: a. Antenna are located in a commercial or industrial zone; and b. Building or roof mounted antenna not exceeding 15 feet in height and architecturally screened from view; and c. Antenna that are stealth design in connection with a structure so as not to be recognized as an antenna, appropriate types of structures may include, but are not limited to: buildings, water tanks, telephone and utility towers, poles, sign standards, traffic signals, light standards and roadway overpasses; and a. Support equipment is located within a completely enclosed structure or otherwise screened from view; and b. Antenna meet all development standards within the applicable zone as required by this code; and c. Antenna will be, if reasonably possible, collocated with an existing site such as a utility substation or cellular facility in an industrial or commercial zone. 3. Planning Commission Review: Wireless Telecommunication Facilities which cannot be approved by the PRC in accordance with the PRC criteria are subject to a Conditional Use Permit and Planning Commission Review. The following are also subject to a CUP: a. Ground mounted antenna (monopole); b. Proposed facilities that create more than a minimal visual impact on surroundings as determined by the City Manager or a designated representative. In determining where more than a minimal visual impact exists, the following factors should be considered: location of facility, size and view of facility from adjacent properties and contrast between the facility and other external structural equipment attached to the property; c. Facilities located adjacent to a residential zone; d. Facilities located within the line of sight of any scenic corridor; e. New facilities that may later have facilities collocated with them ('base facilities") per California Government Code Section 65680.6 (b) (4). 4. Location Guidelines: All application for Wireless Telecommunication Facilities are subject to the following location guidelines: a. The preferred order of Wireless Telecommunication Facilities is as follows: i. Industrial zones, and then ii. Commercial zones. If proposed with in a Specific Plan (SP) zone, the preferred land use designation order of placement is 23.70.1.1 Industrial zones 23.70.1.2 Business Parks 23.70.1.3 Commercial Zones Agricultural zones b. Wireless Telecommunication Facilities can be approved within a residential zone provided the property is not developed with a single family dwelling unit. Consideration of potential impacts on any residential property will be evaluated. The location of a Wireless Telecommunication Facility will be conditioned to the utilization of stealth design technology and or building or roof mounted design; c. Wireless Telecommunication Facilities shall Be co -located with another structure, where appropriate ii. Utilize stealth designs Be roof or wall mounted as an integral architectural element on an existing structure, and iv. Utilize state-of-the-art stealth technology; d. The applicant is to investigate the feasibility of co -location additional antenna on the tops of buildings, on existing monopoles, and/or clustering facilities. If co -location or clustering is not possible in the case if a particular proposal, the applicant shall submit evidence at the time of the submittal. With the submittal of the Conditional Use Permit application, the applicant is to submit a copy of the appropriate portion of the tentative lease agreement indicating that no exclusive agreements have been made to prevent future carriers to locate on the same site or facility, as well as submit a design plan which does not preclude potential additional owners; e. Monopoles shall be separated a minimum of 1000 feet from any existing monopoles. 5. Development and Design Guidelines: All applications for Wireless Telecommunications Facilities shall be submitted to the Community Development Department. The applicant shall submit plans that will be reviewed for all applicable zoning codes and standards. The following is intended to provide high quality guidelines to ensure compatibility with the community for the placement of Wireless Telecommunication Facilities: a. All individuals, companies and providers of Wireless Telecommunications Facilities shall provide a master plan of all existing and proposed sites. The plans shall indicate the type of facility, its height above ground level and its cell coverage; Support structures shall be screened from view by siting them next to tall buildings or placed near existing tall trees. Where applicable the support structures are to be screened from public view with dense landscaping; c. Wireless Telecommunication Facilities are required to meet all the applicable zoning setbacks and height regulations of the underlying zone, with the exception of a stealth monopole tower, which may exceed the height limitation of the underlying zone by up to ten (10) feet; d. Wireless Telecommunication facilities may be designed as or within a piece of public art such as a entry monument or historical structure for public benefit; e. The height of the support structures must be the minimum necessary to provide the required coverage. However, an antenna mounted on a stealth monopole or its support structure consisting of a stealth monopole shall not exceed the height in any zone as prescribed by the zoning code by more than ten (10) feet; f. Safety lighting or colors, if prescribed by the City or other approving agency (i.e. FAA), may be required for support structures; g• Support structures shall be either galvanized steel or painted an unobtrusive color to neutralize and blend with surroundings. Where equipment buildings accompanies the support structure, it shall be designed, colored and textured to match adjacent architecture or blend in with surrounding development; h. A proposed wireless facility shall not create any non -conforming situations to the site as such a reduction in parking, landscaping, loading zones, and/or elimination of loading zones. Wireless Telecommunication Facilities are to be installed and maintained in compliance with the requirements of the Uniform Building Code, Uniform Electrical Code, Noise Standards and other applicable codes; j• No existing or future wireless telecommunication facilities shall interfere with any public safety radio communications system. If such facilities are found to interfere with a public safety radio communications system, or any system facilitating the transmission or relay of voice or data information for public safety, the facility operator shall immediately cease operation of the facility. Operation of the facility shall only be allowed to resume upon removal or other resolution of interference to the satisfaction of the City. Whip and microwave dish antenna are permitted only if integrated into the design if the structure and/or fully screened from public view; k. All utilities associated with wireless telecommunication facilities shall be underground; Chain link fencing is not permitted for containment of Wireless Telecommunication Facilities, unless such fencing is located in the rear portion of the facility and is not visible from a public right of way; m. Temporary monopoles, if associated with an approved Wireless Telecommunication Facilities application, maybe permitted, if justified to the satisfaction of the City Manager or a designated representative for a period of up to three (3) months, provided that screening is installed to prevent view of the monopole and related facilities from any and all public rights of way; n. Lattice towers shall not be permitted within the City boundaries; o. The facility operator or property owner is responsible for maintaining the facility in an appropriate manner consistent with the original approval of the Wireless Telecommunication Facility. Should the use be replaced or discontinued for a period of six months, the approvals will lapse. ORDINANCE NO. 431, ADOPTED 10/11/66, ORDINANCE NO. 447, ADOPTED 6/13/67, ORDINANCE NO. 1099-02-06 ADOPTED 05/05/01, ORDINANCE NO. 1101-02-08, ADOPTED 6/20/02, ORDINANCE NO. 05-36, ADOPTED 11/03/05, ORDINANCE NO 07-09, ADOPTED 06/07/07 RESOLUTION NO. 09-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO, CALIFORNIA, RECOMMENDING APPROVAL OF ZONING ORDINANCE AMENDMENT NO. 01-09 TO AMEND ZONING ORDINANCE ARTICLE 23, SECTION 23.76, PERTAINING TO WIRELESS TELECOMMUNICATION FACILITIES. WHEREAS, the City of San Jacinto ("City") is authorized by California Constitution, Article XI, Section 7 to make and enforce within its limits all local -,-police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, Government Code section 65850, subd. (d) permits local authorities, by ordinance or resolution, to establish requirements for telecommunication facilities; and WHEREAS, the Planning Commission has determined that visual impacts from telecommunications facilities in the Gateway Area of the City and along major highways could create undesirable impacts and visual blight; and WHEREAS, the Planning Commission has determined that special standards for telecommunications facilities are warranted in the Gateway Area of the City and along major highways; and WHEREAS, based upon the substantial evidence presented to the Planning Commission during the public hearing and upon the specific findings set forth in the paragraphs above, the Planning Commission hereby concludes as follows: a. That the proposed additional standards will provide for appropriate land uses in all affected areas; and b. That the proposed additional standards would not have significant impacts on the environment nor the surrounding properties; and c. That the proposed additional standards are consistent with the objectives of the Zoning Ordinance; and d. That the proposed additional standards are consistent with the General Plan; and e. That the proposed additional standards promote the public health, safety and welfare of the community. WHEREAS, the amendment was reviewed, studied, and found to comply with the California Environmental Quality Act ("CEQA") as more fully described below; and WHEREAS, on March 12, 2009, the Planning Commission ("Commission") of the City of San Jacinto conducted a duly noticed public hearing on the Application at which time all persons wishing to testify in connection with the Application were heard and the Application was comprehensively reviewed; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO RESOLVES AS FOLLOWS: SECTION 1. Based on the entire record before the Commission, all written and oral evidence presented to the Commission, and the findings set forth in this Resolution, the Commission recommends the City Council of the City of San Jacinto approve the aforementioned Zoning Ordinance Amendment as described in the attached Zoning Ordinance Amendment. SECTION 2. Based on the entire record before the Commission and all written and oral evidence presented to the Commission, the Commission finds the Zoning Ordinance Amendment is consistent with the General Plan of the City of San Jacinto. SECTION 3. Based on the entire record before the Commission and all written and oral evidence presented to the Commission, the Commission finds the Zoning Ordinance Amendment is reasonably related to the public health, safety and welfare of the community. SECTION 4. Based on the entire record before the Commission and all written and oral evidence presented to the Commission, the Commission finds the Zoning Ordinance Amendment complies with the CEQA for the following reasons: The proposed Zoning Ordinance Amendment is exempt from further environmental review under the California Environmental Quality Act ("CEQA") (Cal. Pub. Resources Code, §§ 21000) and its implementing regulations because the proposed amendment is not a 'project' within the meaning of CEQA Regulations section 15378(b)(2) in that it is merely general policy or procedure making and because the ordinance is exempt from further environmental review pursuant to CEQA Regulations section 15061(b)(3) based on the fact that the ordinance is within the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment and it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment. PASSED, APPROVED AND ADOPTED, this 12th day of March, 2009. Planning Commission Chairperson Planning Commission Secretary ITEM 6.1 STAFF REPORT TO: Honorable Chairman and Members of the Planning Commission FROM: Asher Hartel, AICP, Planning Director DATE: March 12, 2009 SUBJECT: Zoning Ordinance Amendment 01-09; Gateway Area Telecommunications Facilities Standards Applicant: City of San Jacinto 595 S. San Jacinto Avenue San Jacinto, CA 92583 RECOMMENDATION: Staff recommends that the Planning Commission: Adopt Resolution No. 09-06 recommending that the City Council approve Zoning Ordinance Amendment 01-09, as indicated in the attached additions to Zoning Ordinance Article 23, Section 23.76. PROPOSAL An amendment to Article 23 of the Zoning Ordinance to amend the City's regulations for telecommunications facilities in the Gateway Area. EXHIBITS: A. Section 23.76 (Wireless Telecommunications Facilities) of the Zoning Ordinance B. Gateway Area Exhibit C. General Plan Circulation Element Figure C-2, Roadway System D. Planning Commission Resolution 09-06 ENVIRONMENTAL ANALYSIS Pursuant to the CEQA process, this ordinance is exempt from further environmental review under the California Environmental Quality Act ("CEQA") (Cal. Pub. Resources Code, §§ 21000) and its implementing regulations because the proposed amendment is PLANNING COMMISSION March 12, 2009 PAGE NO. 1 not a 'project' within the meaning of CEQA Regulations section 15378(b)(2) in that it is merely general policy or procedure making and because the ordinance is exempt from further environmental review pursuant to CEQA Regulations section 15061(b)(3) based on the fact that the ordinance is within the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment and it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment. BACKGROUND The City Council, on February 5, 2009 directed staff to develop standards for telecommunications facilities in and around the Gateway Area of the City. This direction from Council was related to their review for ratification of Planning Commission approval of CUP No. 12-08 on December 11, 2008 for a telecommunications facility with a 55-foot high stealth monotree tower at 1209 W. Ramona Expressway. CUP No. 12-08 was continued for 90 clays to May 7, 2009, so that staff could develop the new standards and have the Planning Commission review of the standards completed by May 7. DISCUSSION At present the City Zoning Ordinance includes several pages of detailed standards for telecommunications facilities in Article 23, Section 23.76 — Wireless Telecommunication Facilities (attached). In response to the City Council's concerns, staff has drafted additional standards that would apply to the Gateway Area and to other areas around the Gateway Area, which have been defined as the major highways in the City, most of which converge in the Gateway Area. The intent of the added Sections (p) (i) and (ii) in the attached Section 23.76 (Wireless Telecommunications Facilities) of the Zoning Ordinance is to add standards for the 1,700 acre Gateway Area in the northwest area of the City and along major highways leading from the Gateway Area that provide additional concealment for telecommunications facilities. The major highways that would be affected are shown on the attached General Plan Circulation Element Figure C-2, Roadway System map. The new standards would apply to the `Gateway Area" and to any area within one thousand (1,000) feet of the ultimate right-of-way of roadways defined in the General Plan Circulation Element as a Freeway, Limited Access Conventional Highway (6 or 8 lanes), Urban Arterial, or Arterial. These roadways would consist of the ultimate Highway 79 Freeway and the Mid -County Parkway, Ramona Expressway, Sanderson Avenue, Warren Road, and Cottonwood Avenue. The standards would require a monopole tower to utilize stealth design and be set back a minimum of two hundred (200) feet from the ultimate right-of-way of any of the above referenced roadways, except in cases of co -location with existing PLANNING COMMISSION March 12, 2009 PAGE NO. 2 telecommunications facilities constructed prior to adoption of the new standards. A new telecommunications facility would also be required to be located near any trees, vegetation, buildings, or other features that may exist on the project site that would aid in providing screening and concealment. The facility would be required to provide at least two new forty-eight (48) inch box trees of similar appearance to a stealth monopole tower in close proximity and suitable landscaping with bushes, shrubs, vines on fences or walls, etc., to provide screening and concealment. Any trees on the project site within one hundred (100) feet of the facility may be reasonably trimmed and pruned, but must be maintained at a height that is consistent with the height of a stealth monopole tower, and must not be removed unless recommended by an arborist due to disease. Any removed tree must be replaced with at least one (1) forty-eight (48) inch box tree. The proposed new standards discussed above are included in bold type on pages 5 and 6 in the attached Article 23, Section 23.76 — Wireless Telecommunication Facilities. The Pre -Development Review Sub -Committee reviewed the proposed standards on March 2, 2009. It was recommended that the City Attorney review the standards for possible inclusion of a 5-year time limit on an approved telecommunications facility in the Gateway Area in view of potential future commercial development that could be compromised by the existence of these types of facilities. It was also recommended that the City Attorney may be familiar with new standards adopted by other cities that could be used for the Gateway Area. This was subsequently discussed with City Attorney Jeff Ballinger, and any additional information that can be obtained will be either forwarded to the Planning Commission or brought to the hearing at the March 12, 2009 meeting. PLANNING COMMISSION March 12, 2009 PAGE NO. 3 /**,,t' City Boundary Parcels monoelm, Approved / not yet constructed Waterbodies Cell Sites ,p TYPE, STATUS monoelm, Operational / completed bldgml c, Operational /completed $ bldgml. Operational / completed monopalm, Operational / completed colon, Applied / not yet approved , T`4"=' light, Approved / not yet constructed „ monopine, Operational / completed 4r'n light, Operational / completed 111 monopole, Operational / completed monoelm, Applied / not yet approved IIII tank, Operational / completed Feet 0 800 1,600 3,200 4,800 6,400 N 0 0.2 0.4 Miles 0.8 1.2 W cg,..dYnroGrs it ty µ.sa cae tlstm�I4,N o-anixa 0rz4;0e Wireless Telecommunication Facilities THE PRESS - ENTERPRISE CLASSIFIED ADVERTISING Printed by: Tinajero, Maria at 3:16 pm on: Friday, Mar 20, 2009 Account Information Phone #: (951) 487-7330 Name:SAN JACINTO, CITY OF Address: P 0 BOX 488 SAN JACINTO CA Acct #:' 103537 Client: Placed by:'I Mimi Rodriguez Fax #:' (951) 654-8021 Ad Information 5, Classification: Legals Publications: Press -Enterprise Start date: 03-24-09 Stop date: 03-24-09 Insertions:" 1 Rate code: LE -City Ad type:, Ad Liner Taken by: Tinajero, Maria Size: 2x67.700 Bill size 136.00x 5.14 agate lines Amount due: $149.60 92583 Ad #9759726- - ry Ad Copy: NOTICE OF PUBLIC HEARING NOTICE 15 HEREBY GIVEN THAT, ON THURSDAY, APRIL 2, 2009 AT 7:00 P.M., OR SOON THEREAFTER AT THE SAN JACINTO UNIFIED SCHOOL DISTRICT - BOARD ROOM, 2045 5. SAN JACINTO AVENUE, SAN JACINTO, CALIFORNIA, THE SAN JACINTO CITY COUNCIL WILL HOLD A PUBLIC HEARING. 1. Zoning Ordinance Amendment 01-09; Gateway Area and City-wide Wireless Telecommunication Facilities Ordinance Applicant: City of San Jacinto 595 5. San Jacinto Avenue San Jacinto, CA 92583 An amendment to Article 23 of the Zoning Ordinance 10 amend the City's regulations establishing standards for wireless telecommunications facilities in the Gateway Area and City-wide. The Planning Commission re- viewed and made revisions to the proposed Zoning Or- dinance Amendment on March 12, 2009, and recom- mended City Council approval of Zoning Ordinance Amendment 01-09. Pursuant to the CEQA process, this ordinance is exempt from further environmental review under the California Environmental Quality Act (°CEQA) (Cal. Pub. Re- sources Code, §§ 21000) and its implementing regula- tions because the proposed amendment Is not a 'project' within the meaning of CEQA Regulations section 15378(1))(2) in that it is merely general policy or proce- dure making and because the ordinance is exempt from further environmental review pursuant to CEQA Regu- lations section 15061(6)(3) based on the fact that the ordinance is within the general rule that CEQA applies only 10 projects that nave the potential for causing a significant effect an the environment and it can be seen with certainty that there is no possibility that the ordi- nance may have a significant effect an the environment. ALL MEMBERS OF THE PUBLIC, WHO WISH TO SPEAK IN FAVOR OF, OR IN OPPOSITION TO AN AGENDA ITEM, MAY SUBMIT A REQUEST TO SPEAK FORM AT THE MEETING PRIOR TO THE HEARING OF A PUBLIC HEARING ITEM. GROUPS WISHING TO ADDRESS THE CITY COUNCIL ON AN AGENDA ITEM ARE REQUESTED TO SELECT A it REPRESENTATIVE AND PROVIDE AN OUTLINE OF THE PRESENTATION PRIOR TO THE MEET- ING. GROUPS OR INDIVIDUALS THAT WISH TO CHALLENGE AN ACTION OF THE CITY COUNCIL MAY BE LIMITED IN THEIR CHALLENGE TO ONLY THOSE ISSUES THAT WERE ADDRESSED AT THE TIME OF THE PUBLIC HEARING. FURTHER DETAILS ARE AVAILABLE IN THE COMMUNITY DEVELOPMENT DEPARTMENT,595 5. SAN JACINTO AVE, SAN JACINTO, CA. PHONE: (951) 487.7330. ALL INTERESTED PARTIES ARE INVITED TO ATTEND. Asher Hartel Planning Direclar ii PUBLISH DATE: March 24, 2009 3124 3450 Fourteenth St. Riverside, CA 92501-3878 1-800-880-0345 951-684-1200 951-368-9018 Fax ITEM 4.3 MEMORANDUM To: Mayor and Members of the City Council From: David Clayton, Information Planner Via Asher Hartel, Planning Director Date: April 2, 2009 Subject: General Plan Amendment 3-07, Planned Unit Development 2-06 and Tentative Tract Map No 34664. A Proposal to change the General Plan designation on a 5.01 acre parcel from Low Density Residential to Medium Density Residential, and to change the Zoning from Single Family Residential (R-1) to Two -Family Residential -Planned Unit Development (R-2-PUD), and to subdivide the property into 37 single family residential lots. The project site is located on the west side of Kirby Street approximately 330-feet north of Esplanade Avenue. Applicant: Mario Zamorano 3590 S. Dartmouth Ln. Rowland Heights, CA 91748 Because the project engineer is out of the country the applicant is requesting that this item be continued to the May 7, 2009 City Council hearing. AGENDA TRANSMITTAL FORM TO: Dorothy L. Chouinard, City Clerk Enclosure: Staff Report for City Council Meeting: April 2, 2009: Consideration of Procedures for the Formation and Election of the Project Area Committee for the proposed Adoption of a Merger of and Amendments to the San Jacinto Redevelopment Plan and the Soboba Springs Redevelopment Plan. Consent Calendar Item XX Public Hearing Item: Notice required XX yes Copy attached yes Published 3/23/09; Notices sent • Resolution 09-_ • PAC Procedures Other: no 0 —Que (date(s) CL Please provide a fully executed copy of documents to: _ Please record and return conformed copy Your IMMEDIATE attention is necessary DATE: March 24, 2009 Steven G. Pasarow Redevelopment Operations Manager AGENDA ITEM 5.1 April 2, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Steven G. Pasarow, Redevelopment Operations Managed Via Tim Hults, Assistant City Manager/\ t SUBJECT: Consideration of Procedures for the Formation and Election of the Project Area Committee for the proposed Adoption of a Merger of and Amendments to the San Jacinto Redevelopment Plan and the Soboba Springs Redevelopment Plan RECOMMENDATION: Staff recommends that the City Council hold a public hearing to receive testimony regarding the formation of a Project Area Committee ("PAC") and, by motion, adopt Resolution No. 09- , a Resolution of the City Council of the City of San Jacinto recognizing the need for a Project Area Committee for the proposed adoption of the merger of and amendments to the redevelopment plans for the San Jacinto Redevelopment Project Area and the Soboba Springs Redevelopment Project Area (the "Amendments"), adopting procedures for the formation and election of a Project Area Committee, and calling for the formation of a Project Area Committee. SUMMARY: California Community Redevelopment Law, California Health and Safety Code 33000 et seq. (the "Redevelopment Law"), requires the formation of a PAC for redevelopment plan amendments that allow for the use of eminent domain to acquire property on which any persons reside in a project area in which a substantial number of low-income persons or moderate -income persons reside. Resolution No. 09- recognizes the need for a PAC in connection with the proposed Amendments and adopts procedures which will guide the City Council through the process of forming a PAC for the San Jacinto Project Area. Approvals City Manager: Finance Director; Page 1 of 4 BACKGROUND: The Agency currently has two separate redevelopment project areas known as the San Jacinto Redevelopment Project Area, and the Soboba Springs Redevelopment Project Area (collectively, the "Existing Project Areas" or "Project Areas"). The San Jacinto Redevelopment Project Area was originally adopted June 28, 1983. It has been amended three times. Amendment 1 was adopted on December 28, 1993, to add territory to the project area. Amendment 2 was adopted on December 23, 1994, to accommodate changes in the Redevelopment Law. Amendment 3 was adopted on February 20, 1996, to delete certain areas from the project area. The Soboba Springs Redevelopment Project Area was adopted on December 28, 1983. The Agency's authority to use eminent domain in the Soboba Springs and San Jacinto Project Areas expired in 1995 and 2005, respectively. The Redevelopment Plan for the original San Jacinto Redevelopment Project Area, as adopted in 1983, is effective until June 28, 2023. The Redevelopment Plan for the area added to the San Jacinto Redevelopment Project Area by Amendment No. 1 is effective until December 28, 2033. The effective time period of the Redevelopment Plan for the Soboba Springs Redevelopment Project Area expires on November 1, 2028. DISCUSSION: The Agency has initiated the process to consider the following actions: 1) merge the San Jacinto and Soboba Springs Redevelopment Project Areas for financial reasons; 2) update and expand the capital improvement projects list for both Project Areas; 3) adopt a single Merged, Amended and Restated Redevelopment Plan to cover the Existing Project Areas and 4) re -instate eminent domain authority in the San Jacinto Project Area only for a 12 year period commencing with the effectiveness of the ordinance adopting the Amended Plan (if adopted). Section 33385.3 of the Redevelopment Law requires the legislative body to establish a procedure for the formation of a PAC when a redevelopment agency proposes to amend a redevelopment plan to reinstate the agency's eminent domain authority to acquire real property on which persons reside in a project area that has a substantial number of low- and moderate -income residents. Staff has identified the need to reinstate eminent domain authority in the San Jacinto Project Area only to enable the Agency to more effectively implement redevelopment program tools and activities to eliminate blighting conditions, including projects outlined in the updated and expanded capital improvements projects list. These capital improvements include the upgrading and improving of public infrastructure, working toward the continued enhancement of property values, enabling economic revitalization of commercial and industrial enterprises, and increasing, improving, and preserving the Project Areas' supply of affordable housing. Page 2 of 4 The eminent domain authority would only be used after every negotiation effort was exhausted to acquire real property and as a last resort in the San Jacinto Redevelopment Project Area. Pursuant to the Redevelopment Law, the residents, businesses, property owners and community organizations from the Soboba Springs Redevelopment Project Area are not required to be elected to the PAC. Staff, the City Attorney's Office and the redevelopment planning consulting firm of Rosenow Spevacek Group, Inc. have drafted the Procedures for the Formation and Election of the Project Area Committee (the "PAC Procedures") that meet the requirements of the Redevelopment Law. The PAC Procedures provide for a public informational meeting to explain the establishment and functions of the PAC and the opportunity to serve on the PAC; and for a second meeting for the formation and election of the PAC. Following the PAC formation, the City Council shall adopt a finding that all the relevant portions of the PAC Procedures were followed and shall determine the validity of any challenges to the PAC election. The PAC is to be composed of seven members, which shall include two residential owner -occupants, two residential tenants, two business owners (including property owners), and one existing community organization. The proposed schedule for the PAC formation is as follows: • May 6, 2009: Public Informational Meeting • May 13, 2009: Deadline to submit PAC Board of Directors applications • May 20, 2009: PAC Formation and Election meeting • June 4, 2009: City Council meeting to confirm PAC After its election and confirmation by the City Council, the PAC would act as an advisory body reporting to the City Council regarding its consideration of the proposed Amendments. If the PAC opposes the proposed Amendments, the City Council may only adopt the proposed Amendments by a two-thirds vote. Before adopting the Resolution approving the PAC Procedures, the Redevelopment Law requires the City Council hold a public hearing to receive public comment on the PAC formation. Once the PAC is elected and confirmed by the City Council, it will serve throughout the process of adopting the Amendments and for a three-year period after the adoption. ALTERNATIVES: • Adopt Resolution No. , a Resolution of the City Council of the City of San Jacinto recognizing the need for a Project Area Committee for the proposed adoption of the merger of and amendments to the redevelopment plans for the San Jacinto Redevelopment Project Area and Page 3 of 4 the Soboba Springs Redevelopment Project Area (the "Amendments"), adopting procedures for the formation and election of a Project Area Committee, and calling for the formation of a Project Area Committee • If the City Council elects not to reinstate its eminent domain authority over residential property in the San Jacinto Redevelopment Project Area, the formation of a PAC is not required. FISCAL IMPACT: There is no fiscal impact with the adoption of the resolution and the PAC Procedures. ATTACHMENTS: • PAC Procedures Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO ) RESOLUTION 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING AND ADOPTING PROCEDURES FOR THE FORMATION AND ELECTION OF MEMBERS TO A PROJECT AREA COMMITTEE FOR THE MERGED SAN JACINTO AND SOBOBA SPRINGS REDEVELOPMENT PLANS WHEREAS, pursuant to the provisions of the California Community Redevelopment Law (Health and Safety Code section 33300 et seq.) ("CRL"), on June 28, 1983, the City Council of the City of San Jacinto ("City Council") adopted a Redevelopment Plan for the San Jacinto Redevelopment Project Area by Ordinance No. 754, which has subsequently been amended from time to time; and WHEREAS, on December 27, 1983, the City Council adopted a Redevelopment Plan for the Soboba Springs Redevelopment Project Area by Ordinance No. 767, which has subsequently been amended from time to time; and WHEREAS, the Redevelopment Agency of the City of San Jacinto ("Agency") is considering the merger of the San Jacinto Redevelopment Project Area and the Soboba Springs Redevelopment Project Area into a single project area (the "Merged Project Area") in order to: (i) adopt a single Merged, Amended and Restated Redevelopment Plan ("Merged Redevelopment Plan"); (ii) update and expand the capital improvement projects list for the Merged Project Area; and (iii) re -instate eminent domain power in the Merged Project Area for a 12 year period, commencing with the effectiveness of the ordinance adopting the Merged Redevelopment Plan, if applicable; and WHEREAS, the Merged Redevelopment Plan proposes to allow the Agency to acquire, by eminent domain, residential properties in the Merged Project Area in which a substantial number of low- and moderate -income persons live, which requires the City Council to call upon the residents, business owners and community organizations within the Merged Project Area to form a project area committee pursuant to CRL Section 33385.3; and WHEREAS, CRL Section 33385(b) requires that the City Council adopt procedures for the formation of and election to the project area committee; and WHEREAS, the Agency has, pursuant to CRL Section 33385, prepared the "Procedures for the Formation and Election of the Project Area Committee for the Proposed Merged, Amended, and Restated Redevelopment Plan for the San Jacinto Merged Redevelopment Project," which is attached hereto and incorporated herein by this reference (the "PAC Formation Procedures"). -1- NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto that: SECTION 1. The City Council hereby determines that a Project Area Committee shall be formed for the Merged Project Area. SECTION 2. The City Council hereby approves and adopts the Project Area Committee Formation Procedures. SECTION 3. The City Clerk shall certify as to the adoption of this resolution. This resolution shall be effective immediately upon adoption. APPROVED and ADOPTED this day of , 2009 by the following vote: Ayes: Nays: Absent: Abstain: ATTEST: Dorothy Chouinard, City Clerk by Dale Stubblefield, Mayor -2- Message Page 1 of 1 Steven Pasarow From: Elizabeth Hull [Elizabeth.Hull@bbklaw.com] Sent: Tuesday, March 24, 2009 10:30 AM To: Steven Pasarow Subject: RE: PAC Procedures Hi Steven, When two project areas are merged the are merged for financial purposes moving forward. There are some aspects of the plan that remain separate. All redevelopment plans that authorize eminent domain contain a limit, not exceeding twelve (12) years, for the commencement of proceedings to acquire property by eminent domain. If redevelopment plans having different dates of adoption are merged, the time limit of each individual redevelopment plan for acquiring property by eminent domain is not affected by the merger and must be separately maintained. (Health & Safety Code § 33333.6(c).) To extend or reinstate eminent domain the Agency must find, based on substantial evidence, both of the following: (1) (1) That significant blight remains within the project area which will have eminent domain authority; and That this blight cannot be eliminated without the use of eminent domain. (Health & Safety Code § 33333.2.) In the case of San Jacinto merger you can only reinstate eminent domain in the project area where there is remaining blight. Such blight, which must be based on current Health and Safety Code requirements, must be documented in the same fashion as when adopting a new project area. To successfully reintroduce eminent domain, the Agency must also show, by substantial evidence, that this remaining blight cannot be eliminated without the use of eminent domain. My understanding is that Soboba is no longer blighted and we wouldn't be able to make the necessary findings. We can prepare a memo that explains this in more detail if that would be helpful. Elizabeth P.S. Are you coming to CRA next week? and, if so, are you available to join us for the dinner the firm is hosting on Thursday? Original Message From: Steven Pasarow [mailto:SPasarow@sanjadntoca.us] Sent: Monday, March 23, 2009 3:42 PM To: Elizabeth Hull Subject: RE: PAC Procedures Elizabeth. I am unclear, !though that once the two separate project areas are merged, they become one. Is this not correct? After the merger is complete, won't there effectively be only one project area; the San Jacinto Project Area which will encompass both separate project areas? I was under the impression that once the two project areas are merged, the Soboba Springs Project Area is dissolved and the land within that project area will become a part of the San Jacinto Project Area. If this is not correct, please let me know. Thanx, Steven 03/24/2009 REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO 248 EAST MAIN STREET, SAN JACINTO, CA 92583 PROCEDURES FOR THE FORMATION AND ELECTION OF THE PROJECT AREA COMMITTEE FOR THE PROPOSED MERGED, AMENDED, AND RESTATED REDEVELOPMENT PLAN FOR THE SAN JACINTO MERGED REDEVELOPMENT PROJECT Redevelopment Agency of the City of San Jacinto April 2, 2009 ROSENOW SPEVACEK GROUP, INC, ‘,vww.webrsg.com PROCEDURES FOR THE FORMATION AND ELECTION OF THE PROJECT AREA COMMITTEE FOR THE PROPOSED MERGED, AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE SAN JACINTO MERGED REDEVELOPMENT PROJECT 1 I. J1001 GENERAL 1 A. [101] PURPOSE 1 B. [102] AUTHORITY 1 C. [103] DEFINITIONS 2 II. 12001 PUBLIC MEETINGS 3 A. [201] MEETINGS 3 B. [202] PRESENTATION OF PAC BOARD OF DIRECTORS TO CITY COUNCIL 3 III. J3001 NOTICE OF MEETINGS, HEARINGS, AND PLEBISCITES 3 A. [301] PUBLICATION OF OPPORTUNITY TO SERVE 4 B. [302] PUBLICATION OF NOTICE 4 C. [303] NOTICE BY MAIL 4 D. [304] OTHER FORMS OF NOTICE 4 E. [305] FOREIGN LANGUAGES 4 IV. J4001 COMPOSITION OF PAC MEMBERSHIP 5 A. [401] CATEGORIES 5 B. [402] EXISTING COMMUNITY ORGANIZATION/APPOINTMENT OF REPRESENTATIVE 5 C. [403] VACANCIES IN MEMBERSHIP CATEGORIES - ADJUSTMENT OF COMPOSITION OF PAC; SUCCESSION 5 V. J5001 ELECTION PROCEDURE 5 A. [501] VOTER REGISTRATION 5 B. [502] PAC BOARD OF DIRECTORS APPLICATIONS 6 VI. 16001 ELIGIBILITY REQUIREMENTS FOR PAC DIRECTOR 6 A. [601] CANDIDATE SPEECHES 7 B. [602] VOTING CATEGORIES 7 C. [603] BALLOTING 7 D. [604] RESULTS/RUNOFFS 8 E. [605] CHALLENGES/VALIDITY 8 VII. J700] SPECIAL PROVISIONS 8 DOCUMENT NUMBER: 170421 REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO PAC PROCEDURES A. [701] COMPENSATION OF PAC BOARD OF DIRECTORS 8 B. [702] AMENDMENT OF PAC PROCEDURES 8 REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO PROCEDURES FOR THE FORMATION AND ELECTION OF THE PROJECT AREA COMMITTEE FOR THE PROPOSED MERGED, AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE SAN JACINTO MERGED REDEVELOPMENT PROJECT I. [100] GENERAL A. [101] Purpose The purpose of this document is to set forth a procedure for formation of a Project Area Committee ("PAC") to consider the Redevelopment Agency of the City of San Jacinto's ("Agency") proposed Merged, Amended and Restated Redevelopment Plan for the San Jacinto Redevelopment Project ("Amended Plan"). The PAC would serve in an advisory capacity to the City Council ("City Council") of the City of San Jacinto ("City") on the aspects of the proposed Amended Plan. Section 33385.3 of the Community Redevelopment Law (California Health and Safety Code 33000 et seq., herein referred to as the "Redevelopment Law") provides for the legislative body to establish a procedure for formation of a PAC (the "PAC Procedures") when an agency proposes to amend a redevelopment plan and reinstate the agency's eminent domain authority to acquire real property on which persons reside in a project area that has a substantial number of low- and moderate -income residents. The Agency currently has two separate redevelopment project areas known as the San Jacinto Redevelopment Project Area, and the Soboba Springs Redevelopment Project Area (collectively, the "Existing Project Areas" or "Project Areas"). The Agency has initiated the process to consider the following actions: 1) merge the San Jacinto Project Area and the Soboba Springs Redevelopment Project Area for financial reasons; 2) update and expand the capital improvement projects list for both Project Areas; 3) adopt a single Merged, Amended and Restated Redevelopment Plan to cover the Existing Project Areas and 4) re -instate eminent domain power in the San Jacinto Project Area for a 12 year period commencing with the effectiveness of the ordinance adopting the Amended Plan (if adopted). All of the foregoing proposed actions are referred to collectively as the "Amendments." If approved, the Amendments will enable the Agency to more effectively implement redevelopment program tools and activities to eliminate blighting conditions in the Existing Project Areas, including projects outlined in the updated and expanded capital improvements projects list. These capital improvements include the upgrading and improving of public infrastructure, working toward the continued enhancement of property values, enabling economic revitalization of commercial and industrial enterprises, and increasing, improving, and preserving the Merged Project Area's supply of affordable housing. The eminent domain authority would only be used after every negotiation effort was exhausted to acquire real property and as a last resort in the San Jacinto Redevelopment Project Area ("Project Area"). A map identifying the Project Area is attached hereto as Exhibit A. The PAC Procedures established herein shall be used to govern formation and election of the PAC. B. [102] Authority The PAC Procedures were approved and adopted on , 2009 by Resolution No. 2009- by the City Council. Upon the effectiveness of the PAC Procedures, the Executive Director or his designee shall have the authority to set and conduct PAC formation meetings and to establish due dates 1 REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO and requirements for the receipt of certifications of eligibility to vote and PAC Board of Director applications, all in accordance with the process more particularly set forth in Section 500, et seq. herein. This authority shall terminate upon the certification of the PAC election by the City Council. C. [103] Definitions For the purposes herein: 1. "Board of Directors" means the governing board of the Project Area Committee. 2. "Board of Directors Application" means the form to be completed by an eligible candidate representing one (1) of the PAC membership categories attached herein as Exhibit C. 3. "Business" or "Businesses" means any lawful activity, whether or not carried on for profit, which is conducted within the Project Area for (i) the purchase, sale, lease, or rental of tangible or intangible personal property (a "Retail Business"); (ii) the manufacture, processing or marketing of products, commodities or any other personal property (a "Manufacturing Business"); or (iii) the sale of services to the public (a "Service Business"). Business also includes any property owner that is a Person who owns real property in the Project Area, who does not use the real property for their primary residence. Such real property includes residential non -owner occupied property, industrial property, retail property, and other commercial property. 4. "Certification of Eligibility to Vote" means the form to be completed by a residential owner occupant, residential tenant, business owner, and existing organization within the Project Area to determine the person's eligibility to vote to elect a representative to the Board of Directors attached herein as Exhibit B. 5. "City" means the City of San Jacinto, California, a municipal corporation. 6. "City Council" means the City Council of the City of San Jacinto, exercising powers as the legislative body under the laws of the State of California. 7. "Director" means the elected representative of a certain membership category serving on the Board of Directors of the Project Area Committee. 8. "Executive Director" is an individual appointed by the Redevelopment Agency of the City of San Jacinto. 9. "Existing Community Organization" means any nonprofit association of persons organized for religious, entrepreneurial, scientific, educational, literary or other purposes, which conducts its regularly scheduled meetings within the boundaries of the Project Area and uses an address located within the Project Area for its office or headquarters and/or specifically serves the Project Area. 10. "Person" means, but is not limited to, an individual, household, family, proprietorship, partnership, business trust, joint venture, syndicate, corporation, or association. 11. "Project Area" means the San Jacinto Redevelopment Project Area as shown on the Project Area Map attached hereto as Exhibit A. 12. "Project Area Committee" or "PAC" means the advisory committee formed and elected in accordance with Section 33385, et seq., of the Redevelopment Law and the procedure set forth herein. 13. "RDA Staff" means any personnel of the Redevelopment Department or other City personnel assigned as staff to the Redevelopment Agency of the City of San Jacinto. 2 REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO 14. "Redevelopment Agency of the City of San Jacinto" means the City of San Jacinto's Redevelopment Agency, a public body, corporate and politic, which exercises powers as a redevelopment agency under the Redevelopment Law. 15. "Redevelopment Department" means a separate operating division of the City of San Jacinto. 16. "Resident" means a Residential Owner -Occupant or Residential Tenant. 17. "Residential Owner -Occupant" means a person who owns a dwelling unit in the Project Area and occupies such dwelling unit as the person's permanent residence and usual place of abode. 18. "Residential Tenant" means a person who rents a dwelling unit in the Project Area pursuant to a rental agreement and has occupied such dwelling unit as a permanent residence and usual place of abode for not less than twenty-nine (29) days prior to the submittal of a completed PAC application as described in Section 501 herein. II. [200] PUBLIC MEETINGS A. [201] Meetings The RDA Staff shall conduct at least one public informational meeting to explain the establishment and functions of the PAC and the opportunity to serve on the PAC and shall conduct a meeting to elect the PAC Board of Directors. It is contemplated that the election will take place within two weeks after the informational meeting. At the informational meeting, the RDA Staff shall distribute and make available to each attendee: (i) a copy of Article 6.5 of the Redevelopment Law (Sections 33385-33388); (ii) a copy of Sections 33347.5 and 33366 of the Redevelopment Law; (iii) a copy of this procedure; (iv) a copy of the Redevelopment Plans and the Project Description for the proposed Amendment to the Plan; (v) applications for Certification of Eligibility to Vote and PAC Board of Directors membership; and (vi) any other materials the Agency determines would be useful. It is contemplated that the PAC Formation and Election meeting will be held on Wednesday, May 20, 2009 at 6:00 PM at the San Jacinto Community Center, 625 S. Pico Avenue, San Jacinto, California, or on such date(s) and location(s) as selected by the Executive Director or his designee, in accordance with the process more particularly set forth in Section 100 and 500 et seq., herein. B. [202] Presentation of PAC Board of Directors to City Council The Agency shall present the results of the PAC election to the City Council at a regular meeting of the City Council following the PAC election, which date shall be announced at the PAC election meeting. The City Council shall adopt a finding that all the relevant portions of this PAC Procedure regarding the election were followed and shall determine the validity of any properly filed challenges to the PAC election within the time required by Redevelopment Law and as set forth in Section 606 of this Procedure. III. [300] NOTICE OF MEETINGS, HEARINGS, AND PLEBISCITES The Agency shall publish notice of all meetings, hearings, or plebiscites conducted by the Agency or the City Council, or on behalf of the City Council or Agency, relative to the formation and selection of the PAC, and the opportunity to serve on the PAC in the same manner as specified in Subdivision (a) of Section 65090 of the Government Code of the State of California. 3 REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO A. [301] Publication of Opportunity to Serve The Agency shall publicize the opportunity to serve on the PAC by mailing written notice of the opportunity to serve to all Residents, Businesses, and Existing Community Organizations in the Project Area. This notice shall be mailed by first-class mail at least thirty- (30) days prior to the date of the PAC formation and election meeting. B. [302] Publication of Notice The Agency shall publish notice of each meeting, hearing, or plebiscite relative to the formation and election of the PAC at least one (1) time in a newspaper of general circulation in the City at least ten (10) days prior to the date for each meeting, hearing, or plebiscite. The notice shall include: (1) the date, time, and place of each meeting, hearing, or plebiscite, (2) the identity of the body conducting such meeting, hearing, or plebiscite, (3) a general explanation of the matters to be considered, (4) a general description of the Project Area, in text or by diagram, (5) a statement that a PAC will be formed for the Project Area, (6) a general description of the duties of PAC Board of Directors, and (7) a general statement of the criteria for eligibility to vote for the PAC Board of Directors and to serve on the PAC Board of Directors. C. [303] Notice by Mail The Agency shall mail written notice to all Residents, Businesses, and Existing Community Organizations in the Project Area of all meetings, hearings, or plebiscites conducted by, or on behalf of, the Agency or the City Council relative to the formation and election of the PAC (following the approval of these PAC Procedures). This mailed notice requirement shall only apply if mailing addresses of Residents, Businesses, and Existing Community Organizations, or of all occupants, are obtainable by the Agency at a reasonable cost. The notice shall be mailed by first-class mail and may be addressed to "occupant:' In lieu of providing separate notice for each meeting, hearing, or plebiscite, the Agency may provide a single notice pursuant to this Section 303 stating all dates, times, and locations of any meetings, hearings, and plebiscites relative to the formation and election of the PAC Board of Directors. If the Agency has acted in good faith to comply with the notice requirements of this Section 303, the failure of the Agency to provide the required notice to Residents, Businesses, and Existing Community Organizations unknown to the Agency or whose addresses could not be obtained at a reasonable cost, shall not, in and of itself, invalidate the formation or actions of the PAC. D. [304] Other Forms of Notice In addition to the notice required by Sections 301, 302, and 303, the Agency may post notices, distribute flyers, mail postcards, FAX, telephone, purchase TV, radio or newspaper display advertisements or undertake such other actions as it deems necessary or desirable to further inform Residents, Businesses, and Existing Community Organizations of the formation of the PAC and its meeting dates. E. [305] Foreign Languages Any of the notices or announcements required herein may be translated into another language if the Agency determines that such translation is necessary to effectively publicize the opportunity to serve on the PAC, participate in the formation and election of the PAC membership, and the performance of the ongoing PAC activities. 4 REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO IV. [400] COMPOSITION OF PAC MEMBERSHIP A. [401] Categories Subject to the remaining provisions of this Section 401, the PAC Board of Directors is to be composed of seven (7) members, which shall include the number of representatives listed in each of the following categories: Category Number of Directors Residential Owner -Occupant 2 Residential Tenant 2 Business Owner (includes property owner) 2 Existing Community Organization 1 TOTAL 7 This composition of the PAC Board of Directors is representative of the categories in the Project Area. Because of the voluntary nature of participation in the PAC, it is permitted to have one (1) of the above categories be vacant if no candidate is qualified or elected in that category at the time of PAC formation and election meeting. After its election has been confirmed by the City Council and as long as a minimum of six (6) Director positions on the PAC are filled, the PAC may convene its meeting and conduct business. Such vacancy shall be filled as soon as possible and practical pursuant to Section 403 of these PAC Procedures. B. [402] Vacancies in Membership Categories — Adjustment of Composition of PAC; Succession If, at the time of formation of the PAC, an insufficient number of candidates are elected to represent each category of membership on the PAC, such seats may remain vacant until qualified and eligible candidates are selected in the manner provided by these PAC Procedures. The existence of any vacancies shall not prevent formation of the PAC or the conduct of business by the PAC, as long as there are at least six (6) Directors on the PAC. If a vacancy should remain or occur after the formation of the PAC, the PAC shall by a vote of its Board of Directors determine which person(s) shall fill the categories or positions that are vacant. Such determination shall be made pursuant to such process, (1) from the list of candidates that were not elected at the election meeting, (2) from the list of candidates that had applied subsequent to the election or were solicited to fill such vacancy, and (3), as the PAC shall deem appropriate pursuant to the PAC Procedures, all without the mailing of notices required pursuant to Section 303 of these PAC Procedures concerning the original establishment of the PAC. The person(s) selected to fill the vacant categories or positions must be qualified for said categories or positions. V. [500] ELECTION PROCEDURE A. [501] Voter Registration Anyone desiring to vote at the PAC election must register prior to the PAC election by providing satisfactory evidence to the RDA staff that he or she is (1) at least eighteen (18) years of age or older and (2) is a Residential Owner -Occupant or Residential Tenant or Business Owner or a representative of an Existing Community Organization in the Project Area by completing the Certification of Eligibility to Vote (see Exhibit "B"). Only one individual may vote on behalf of any Residential Owner -Occupant, Residential Tenant, Business or Existing Community Organization. Any of the following documents, where appropriate to the category of the voter, may be provided as evidence of eligibility to vote: 5 REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO California Driver's License, California Identification Card, Military Identification, or Other Official Documents (i.e., Alien Registration Card, Passport, etc.), and one of the following: 1. Rental Agreement 2. Rent Receipt 3. Grant Deed to Real Property 4. Property Tax Bill 5. Business License Issued by the State of California or City 6. City Business Tax Certificate 7. Utility Bill 8. Voter Registration 9. Resolution of or Letter from Business 10. Resolution of or Official Letter from Existing Community Organization 11. Other Official Documents B. [502] PAC Board of Directors Applications A candidate for PAC Director must submit a completed PAC Board of Directors Application, which application must be received by the RDA Staff prior to the PAC election for certification of eligibility and identification of membership category or on such other dates as selected by the Executive Director or his designee. A copy of the PAC Board of Directors Application is attached hereto as Exhibit "C" and incorporated herein by this reference. All PAC Board of Directors Applications submitted would be available to the general public for review on the day of submittal. All completed PAC Board of Directors Applications shall be available at the election meeting described in Section 201 above and at the Agency offices at the Redevelopment Department after such meeting. Blank applications may be obtained and must be submitted at the election meeting or at the following location and address prior to 5:00 PM, Wednesday, May 13, 2009: San Jacinto Redevelopment Agency City of San Jacinto 248 East Main Street San Jacinto, CA 92583 Blank PAC Board of Directors applications are also available for download from the City website at www.ci.san-iacinto.ca.us. C. [503] Existing Community Organization/Appointment of Representative City staff estimates that 20 community organizations are located within and/or specifically serve the Project Area. The election of the Existing Community Organization shall be by crossover voting by all categories of PAC representation. (This means that a Residential Owner -Occupant, Residential Tenant or Business Owner may vote to elect an Existing Community Organization candidate to the PAC.) The Existing Community Organization elected to serve on the PAC pursuant to Part V of this Procedure shall appoint one of its members to serve as its representative on the PAC. An alternate may also be appointed to serve on the PAC in the event that the original representative is unable to attend a PAC meeting. However, in no event shall more than one member of the Existing Community Organization attend the PAC meetings in his/her representative capacity. 6 REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO VI. [600] ELIGIBILITY REQUIREMENTS FOR PAC DIRECTOR Upon submittal of a PAC Board of Directors Application, candidates for PAC must present evidence that they are eighteen (18) years of age or older. Candidates are advised that the Fair Political Practices Commission requires elected PAC Directors to complete A Statement of Economic Interest, which disclose certain personal financial information concerning such PAC Director, from the City Clerk's office. Candidates may only run for one category of PAC representation and must present a valid California identification card, driver's license, military identification, or similar identification and the following evidence as eligibility for the applicable category: 1. Residential Owner -Occupant: Recorded grant deed or property tax bill. 2. Residential Tenant: Executed rental agreement or rent receipt. 3. Business Owner: Current business license issued by State of California or City, City Business Tax Certificate, or proof of ownership of real property which is riot used for primary residency in the Project Area. 4. Existing Community Organization: Each of the following: (i) proof of existence of the organization as of the time of the PAC election meeting, (ii) proof of existence and operation within the Project Area, such as articles of incorporation, bylaws or business license, and (iii) a resolution of the Board of Directors or Executive Committee of such organization, or a letter from such organization on their letterhead signed by a director of the organization, authorizing a representative or alternate to act on its behalf. A. [601] Candidate Speeches All candidates for each PAC membership category, (i) Residential Owner -Occupant, (ii) Residential Tenant, (iii) Business, and (iv) Existing Community Organization, shall be given an opportunity to make a speech at the PAC election meeting. A time limit of three (3) minutes is established for each speech. Reasonable rules of order (in the event of dispute, Roberts Rules of Order are to be used) will be applied, considering the number of candidates running in the PAC election. B. [602] Voting Categories Each voter may cast ballots for representatives of that voter's PAC membership category. Voters who have qualified to vote as Residential Owner -Occupants shall be entitled to vote for representatives of the Residential Owner -Occupant category. Voters who have qualified to vote as Residential Tenants shall be entitled to vote for representatives of the Residential Tenant category. Voters who have qualified to vote as representatives of Businesses shall be entitled to vote for representatives of the Business category. Each voter may only vote in that voter's specific category and may only cast one ballot in that category. Except for the Existing Community Organization category, crossover voting is prohibited. For example, voters who have qualified to vote as representatives of Businesses may not vote in any category except the Business category. Residential Owner -Occupants, Residential Tenants, and Businesses shall also be entitled to vote for the Existing Community Organization category. Voters who have qualified to vote as representatives of Existing Community Organizations are entitled to vote for that category only. C. [603] Balloting Ballots shall be provided to registered voters for each PAC membership category, i.e., a Residential Owner -Occupant ballot, a Residential Tenant ballot, a Business ballot and an Existing Community Organization ballot. Voting shall be conducted by secret ballot. Registered voters cannot vote by proxy. The RDA Staff shall have election assistants to collect and tally the ballots. A representative of the City Clerk's office shall ensure secrecy of 7 REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO the ballot by requiring each ballot to be folded and passed to an election assistant or inserted into a ballot box. The election assistants shall tally the ballots at the PAC election meeting and the representative from the City Clerk's office shall provide official verification of the results of the PAC. D. [604] Results/Runoffs The RDA Staff shall announce the results of the PAC election at the PAC election meeting when the ballots are tallied. If a runoff is necessary, it shall be announced immediately. Also at the PAC election meeting, RDA Staff shall announce that the results and ballots shall be maintained by the representative of the City Clerk's office for presentation to the City Council at a regular meeting of the City Council following the PAC election, which date shall be announced at the PAC election meeting. E. [605] Challenges/Validity Any challenge to the PAC election or to the electoral procedures followed in connection with the PAC election shall be filed with the City Council within fifteen (15) calendar days following the PAC election by submitting a written and signed statement to the City Clerk's Office. The City Council shall review disputed elections by considering all challenges so filed and will determine the validity of those challenges within thirty (30) days following the PAC election. VII. [700] SPECIAL PROVISIONS A. [701] Compensation of PAC Board of Directors The Directors of the PAC shall serve without compensation. B. [702] Amendment of PAC Procedures The PAC Procedures established herein may be amended from time to time by resolution of the City Council. C. [703] Duration of PAC The provisions of the PAC Procedures shall apply throughout the process of adopting the Amendments and for a three-year period after the adoption of the Amended Plan. 8 REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO APPENDIX A SAN JACINTO PROJECT AREA AND SOBOBA SPRINGS PROJECT AREA MAPS A-1 REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO EXHIBIT B CERTIFICATION OF ELIGIBILITY TO VOTE APPLICATION B-1 REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO PROJECT AREA COMMITTEE ("PAC") SAN JACINTO REDEVELOPMENT PROJECT AND SOBOBA SPRINGS REDEVELOPMENT PROJECT CERTIFICATION OF ELIGIBILITY TO VOTE (Please print and check the appropriate box) , certify that I am at least 18 years of age and that within the San Jacinto Project Area or Soboba Springs Project Area boundaries ("Project Area"), [ j I am a Residential Owner -Occupant with property located at: [j [j I am a Residential Tenant with property located at: I am a Business Owner with a business located within the Project Area (name and address of business): [ j I am a representative of an Existing Community Organization within the Project Area (name and address of organization): Signed: Date: Any of the following documents, where appropriate to the category of the voter, may be provided as evidence of eligibility to vote: California Driver's License, California Identification Card, Military Identification, Voter Registration, or Other Official Documents (i.e., Alien Registration Card, Passport, etc.), and one of the following: 1. Rental Agreement (Residential Tenant) 6. City Business Tax Certificate (Business Owner) 2. Rent Receipt (Residential Tenant) 7. Utility Bill (Residential Tenant/Owner or Business Owner) 3. Grant Deed (Residential Owner) 8. Resolution of or Letter from Business (Business Owner) 4. Property Tax Bill (Residential/Business Owner) 9. Resolution of or Letter from Existing Community Organization 5. Business License Issued by the State of 10. Other Appropriate Official Documents California or City (Business Owner) Questions: Please call Steven Pasarow, Redevelopment Operations Manager at (951) 487-7320 FOR CITY OF SAN JACINTO OFFICIAL USE ONLY Approved by: Signed: Date: B-2 REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO EXHIBIT C PAC BOARD OF DIRECTORS APPLICATION C-1 REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO PROJECT AREA COMMITTEE ("PAC") SAN JACINTO REDEVELOPMENT PROJECT AND SOBOBA SPRINGS REDEVELOPMENT PROJECT PAC BOARD OF DIRECTORS APPLICATION STATEMENT OF INTEREST AND QUALIFICATIONS (Please print and check the appropriate box) To the City Council of the City of San Jacinto: would like to volunteer to run for election to the PAC Board of Directors at the election meeting to be held on May 20, 2009 at 7:00 PM. I would like to be elected for the following category: [CHOOSE ONE ONLY] U Residential Owner -Occupant f 1 Residential Tenant Li Business Owner (includes Property Owner) L1 Existing Community Organization I CERTIFY THAT WITHIN THE SAN JACINTO PROJECT AREA BOUNDARIES OR THE SOBOBA SPRINGS PROJECT AREA BOUNDARIES: (CHOOSE ONE ONLY] 1. I am a Residential Owner -Occupant because I own and reside in residential property located at the following address: 2. I am a Residential Tenant because I rent a dwelling unit and have occupied the dwelling unit as my permanent residence and usual place of abode for not less than twenty-nine (29) days. I reside at the following address: 3. I am a Business Owner, or authorized representative of such Business, or own real property, which is not my residence. The name and address of the business is: 4. I am a member of an Existing Community Organization for either a service club ( 1 a church group j 1, a neighborhood organization j 1, or other nonprofit community organization r 1, which conducts its regularly scheduled meetings within and uses an address located within the PAC Area, and I am eligible to vote as a unit member. I have an official letter or resolution from the organization, on their letterhead, authorizing me to represent them. The name, address, and description of this community organization is: C-2 REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO The reasons I would like to serve on the Project Area Committee are as follows (include prior experience in community affairs, activities, and/or other qualifications to serve on the Project Area Committee): I acknowledge that if elected to the PAC Board of Directors, I will be required to complete a Statement of Economic Interest, which discloses certain personal financial information concerning any financial interests I (and my family and spouse, if applicable) have in the Project Area. I possess all the necessary qualifications to serve on the PAC Board of Directors and will participate in the regular PAC meetings. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct: Date and Place Signature Residence Address Qualifying Address (Address of Residence/Business/Existing Community Organization, whichever is applicable) Mailing Address Daytime Telephone Number, Fax, and Email Address Evening Telephone Number, Fax, and Email Address To be eligible for Project Area Committee membership, this completed application and the "Certification of Eligibility to Vote" must be returned to and received by 5:00 PM on Wednesday, May 13, 2009. Any applications received after that time will be put on file for consideration for future Project Area Committee Board of Director vacancies. Questions: Please call Steven Pasarow, Redevelopment Operations Manager at (951) 487-7320 C-3 THE PRESS - ENTERPRISE CLASSIFIED ADVERTISING Printed by: Tinajero, Maria at: 1:24 pm on: Friday, Mar 20, 2009 Account Information Phone #: (951) 487-7330 Name: SAN JACINTO, CITY OF Address: P 0 BOX 488 SAN JACINTO CA Acct #: 103537 Client: Placed by: Michael Benjamin for Steven Pasarow Fax #:'(951)654-8021 Ad Information Classification: Legals Publications: Press -Enterprise Start date: 03-23-09 Stop date: 03-23-09 Insertions: 1 Rate code: LE -City Ad type`.Ad Liner Taken by Tinajero, Maria Size: 2x91.240 Bill size: 183.O0x 5.14 agate lines Amount due: $201.30 92583 rl r J Ad #: 9759715 Ad Copy: NOTICE OF PUBLIC HEARING PROPOSED ADOPTION OF PROCEDURES PROJECT AREA COMMITTEE FORMATION PROPOSED MERGED, AMENDED AND RE- STATED REDEVELOPMENT PLAN FOR THE SAN JACINTO MERGED REDEVELOPMENT PROJECT AND EMINENT DOMAIN AMEND- MENT COVERING THE SAN JACINTO REDEVELOPMENT PROJECT AREA The City Council ("City Council') of the City of San Ja- cinto (City') is undertaking proceedings to adopt a res- olution of Proled Areo Committee Formation and Pro- cedures releted to the proposed Merger and Amendment to the San Jacinto Redevelopment Plan and the Sobobo Springs Redevelopment Plan (collectively, 'Redevelopment Plans") pursuant to the Community Redevelopment Law (Health, and Safety Code Section 33000, et seq. "Redevelopment Law"). The Amendment to the Redevelopment Plans has been pro- posed in a continued effort to revitalize and redevelop the San Jacinto Redevelopment Projed Area and the Sobobo Springs Redevelopment Project Area (collectively, the "Existing Project Areas') by1) merging the Existing Project Areas: 2) updating and expanding the capital Improvement projects Ilst for the Existing Project Areas; 3) adopting o single Merged, Amended and Restated Redevelopment Plan to cover the Existing Project Areas and 4) reinstating the eminent domain power in the San Jacinto Redevelopment Project Area for o period of twelve (12) years. A Project Area Com- mittee (^PAC°) representing residents, businesses, '.. property owners, end community organizations from the Son Jacinto Redevelopment Protect Area Is to be formed to advise and provide a recommendation on the pro- posed Amendment to the City Council. NOTICE IS HEREBY GIVEN that on the 2nd day of April 2009, 7:00 PM or shortly thereafter in the San Ja- cinto Unified School District Board Room, 2045 5. San Jacinto Avenue, San Jacinto, California, the City Council will hold a public hearing to consider the adoption of a resolution calling for the formation of a PAC for the ( Project Area and the adoption of Procedures for the Formation and the Election of the Project Area Com- mittee ("Procedures") in accordance with the Redevel- opment Law. The proposed Procedures will guide the City Council through the process of forming an advisory body to represent the residents, businesses, property owners and community organizations of the San Jacinto Redevelopment Project Area. The Procedures will be on file at San Jacinto City Hall, City Clerk's Office, 595 South San Jacinto Avenue, Building B, San Jacinto, California, and available for public review and Inspection during office hours of 8:00 AM to 4:30 PM, Monday through Friday, except on City holidays. All interested persons are invited to attend the public hearing. Questions regarding the proposed procedures and the San Jacinto Redevelopment Project may be ad- dressed to Mr. Steven Pasarow, Redevelopment Opera- tions Manager at(951)487.7320orb his email address: spasarow@sonjacintoca.us 3/23 3450 Fourteenth St. Riverside, CA 92501-3878 1-800-880-0345 951-684-1200 951-368-9018 Fax AGENDA - TRANSMITTAL FORM TO: Dorothy L. Chouinard, City Clerk Enclosure: Staff Report for CC Meeting of 04-02-09 [CC or RDA] Resolution No. (Street Name Change: Potter Road to Lyon Ave) (name — brief description) _ Consent Calendar Item ublic Hearing Item: Notice required yes x no Copy attached X yes _ no Published (date(s) Notices sent 3-25-09 (date(s) City Departments Item ® Attachments include (this needs to match the attachment list in the Staff Report: • Resolution No. • Street name change exhibit ■ Notice of hearing X Please provide a fully executed copy of documents to: Asher Hartel Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: Name of person that will be presenting item at the meeting: Asher Hartel DATE: 3-24-09 Asher Hartel, Planning Director [Name or Initials], [Title] S:\Community Development\PLANNER\Asher\Street Name Change\CC Transmittal 4- 2-09.doc oacearev Jr.P uua-e. 1.4107AJOAeWiAtiAfk uv„n lA;aui1W aims; el zailnsuo) ;uawa6.lelp ap suas 0968 ®All3AV Ipegep al zes!I!;n salad a sape; saltenbu4 03/12/2009 HdLCC for San Joaquin Unincorporated 2008/09 Flagged Parcels - in Parcel Order Valid Mailing Addresses 436-040-015/856 Potter Rd DELGADO JESUS 856 POTTER RD SAN JACINTO CA 92582 OOSTDAM JOHN J, TR 1645 N. RAMONA BLV SAN JACINTO CA 92582 436-040-019/ 436-070-008/ C/O J MICHAEL ARMSTRONG 5950 PRIESTLY DR 101 CARLSBAD CA 92008 436-080-010/ CITY OF SAN JACINTO P O BOX 488 SAN JACINTO CA 92581 03/12/2009 - 14 Labels HdLCC for San Joaquin Unincorporated 2008/09 Flagged Parcels - in Parcel Order Valid Mailing Addresses £8SZ6 VD `olu!anf uuS 'PT nilod IZS! luednaoO/JoumO £8SZ6 VD `oluTO3f US •PTI ailed 6S8I landnooO/zaumO £8SZ6 VD `olu?aef URS 'P?I lallod 9176 wedn000poum0 436-040-013/886 Potter Rd JOHN OOSTDAM & SON DAIRY 1655 N. RAMONA BLV SAN JACINTO CA 92583 436-040-016/846 Potter Rd DELGADO OVIDIA 856 POTTER RD SAN JACINTO CA 92582 436-070-006/ CIO MICHAEL RECORD 27380 HEMET ST HEMET CA 92544 436-070-009/1595 Potter Rd MCKNIGHT J MERL, TR 961 PINE AVE SAN JACINTO CA 92582 436.080-011 / CITY OF SAN JACINTO P O BOX 488 SAN JACINTO CA 92581 £8SZ6 yj `olulaef treS pg Jallod g 56S I luednaoO/1oumO £8SZ6 VD `oluTonf ueS 'P2l.lallod 9L8 luednoaO/aaumO £8SZ6 V3 `oluIosf uoS pg 1allod 966 luedn000poum0 436-040-014/21435 Potter Rd JOHN OOSTDAM & SON DAIRY 1655 N. RAMONA BLV SAN JACINTO CA 92582 436-040-017/ OOSTDAM JOHN J, TR 1645 N. RAMONA BLV SAN JACINTO CA 92582 436-070-007/ RECORD FARMS 27380 HEMET ST HEMET CA 92544 436-080-009/1573 De Anza Dr CITY OF SAN JACINTO P O BOX 488 SAN JACINTO CA 92581 CITY OF SAN JACINTO P O BOX 488 SAN JACINTO CA 92581 436-080-012/ £8SZ6 V3 `olulaef tleS pg '1°11°d V S6S T arRD oanF/ AlTtena s,3Iaeg £SSZ6 VD `oluTanf ueS P2I aallod 988 luednaoO/1aumO Z8SZ6 VD `oluloef u>?S •dxg euou .M LSEI luednooO/zaumO mu09178 T a.11fleed feed Ase3.lo; .laded peed mane uanwi san age WL09t+8 311f1dW31®& eAV asn City of San Jacinto 595 S. San Jacinto Ave. San Jacinto, CA. 92583 Soboba Band of Luiseno Indians Attn: Joseph Ontiveros Cultural Resources Manager P.O. Box 487 San Jacinto, CA. 92581 PUBLIC HE * G NOTICE THIS MAY AFFECT YOUR PROPERTY City of San Jacinto 595 S. San Jacinto Ave. San Jacinto, CA. 92583 Luebben Johnson & Barnhous Attn: Richard C. Wade, Paralegal 7424 4th Street NW Los Ranchos de Albuquerque, NM. 87107 PUBLIC HE k. -G NOTICE THIS MAY AFFECT YOUR PROPERTY AGENDA ITEM 5 April 2, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Asher Hartel, AICP, Planning Director SUBJECT: Resolution No. _ renaming Potter Road as Lyon Avenue from De Anza Drive to Record Road. RECOMMENDATION: Staff recommends that by motion the City Council: A. Adopt Resolution No. , a Resolution of the City Council of the City of San Jacinto renaming Potter Road as Lyon Avenue from De Anza Drive to Record Road. B. Direct the City Clerk to file Resolution No. with the Clerk of the Board of Supervisors and County Surveyor. BACKGROUND: Recent street improvements including an extension of Lyon Avenue that connects with Potter Road, and signalization at the intersection of Ramona Expressway and Potter Road have been constructed. The improvements include road signs renaming Potter Road to Lyon Avenue. These improvements require a formal action by the City to change the name of Potter Road to Lyon Avenue. DISCUSSION: Section 5026 of the California Streets & Highways Code authorizes the legislative body of a city to change the name of any street or road by adopting a resolution to effect the name change. There are no requirements for notification of the general public or of homes, businesses, or property owners that may be affected. The only requirement is that a copy of the resolution providing for the change of name made by any city shall be promptly forwarded by the City Clerk to the Clerk of the Board of Supervisors and County Surveyor. Approvals City Manage Finance Director/ Page 1 of 2 There are approximately six houses and four businesses on the stretch of Potter Road between Ramona Boulevard and Ramona Expressway. The remaining stretches of Potter Road north of Ramona Expressway and south of Ramona Boulevard have only undeveloped land along the road. Staff mailed notices to all property owners that have frontage on the re -named road on March 25, 2009, to notify them of the street name change and the Council hearing to adopt the Resolution. Staff had a concern that the name "Potter" may have historic significance, and spoke with Betti Jo Dunham and Mary Whitney at the City museum regarding the Potter name. Mary Whitney is a long-time valley resident and Lake Hemet Water District retiree with a great deal of historical knowledge of the valley. Neither could recall any long term family or similar association. Betti Jo also checked the historical reference book, the History of the San Jacinto Valley, and the name Potter was not referenced. It is therefore not known where the Potter name originated, and it appears there is no historic significance. FISCAL IMPACT: None ATTACHMENTS: A. City Council Resolution No. _ B. Street name change exhibit C. Notice of City Council hearing Page 2 of 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO RENAMING POTTER ROAD AS LYON AVENUE FROM DE ANZA DRIVE TO RECORD ROAD WHEREAS, Section 5026 of the California Streets & Highways Code authorizes the legislative body of a city to change the name of any street, boulevard, park or place by adopting a resolution evidencing such name change; and WHEREAS, the City of San Jacinto ("City") has policies and procedures for the naming of new streets proposed in the community; and WHEREAS, Potter Road, from De Anza Drive to Record Road, is a public right- of-way that has occupied homes and businesses; and WHEREAS, there have been recent improvements and signalization at the intersection of Ramona Expressway and Potter Road which include road signs renaming Potter Road to Lyon Avenue; and WHEREAS, Lyon Avenue was recently extended and re -aligned to connect with Potter Road north of De Anza Drive. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto: SECTION 1. The City Council finds and declares as follows: A. Renaming of Potter Road to Lyon Avenue is consistent with the provisions of the Streets and Highways Code for renaming streets; and B. Renaming of Potter Road to Lyon Avenue is hereby approved. SECTION 2: The City Clerk is directed to certify the passage and adoption of this Resolution; enter same in the book of original Resolutions; and make a Minute of its adoption in the City's records and in the Minutes of the meeting when it was adopted. SECTION 3: The City Clerk is further directed to forward a certified copy of this Resolution to the clerk of the Riverside County Board of Supervisors and to the Riverside County Surveyor. Page 1 of 2 SECTION 4: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. PASSED, APPROVED and ADOPTED, this 2nd day of April, 2009, by the following vote: Ayes: Nays: Absent: Abstain: ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: BEST, BEST & KRIEGER LLP Jeffrey S. Ballinger, City Attorney City of San Jacinto by Dale Stubblefield, Mayor Page 2 of 2 525', 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AFFIDAVIT/CERTIFICATE OF MAILING PURSUANT TO CCP 1094.6 I am a citizen of the United States and employed in Riverside County, California. I am over the age of eighteen years and not a party to the within -entitled action. My business address is City of San Jacinto, 595 S. San Jacinto Ave., San Jacinto, California 92583. I am readily familiar with the City's practice for collection and processing of correspondence for mailing with the United States Postal Service. On March 25, 2009, I placed with the City at the above address for deposit with the United States Postal Service a true and correct copy of the within document(s): City Council Notice of Public Hearing RE: Street Name Change: Potter Road to Lyon Avenue in a sealed envelope, first-class mail, postage fully paid, addressed as indicated on the following page(s). Following ordinary business practices, the envelope was sealed and placed for collection and mailing on this date, and would, in the ordinary course of business, be deposited with the United States Postal Service on this date. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on March 25 2009, at San Jacinto, California. Print Name: Deanna R V PUBUBALLINGER\706163.1 Affidavit/CP.rfifirate of Mailinn rncrvcant to CCP 1(194 FA) CITY OF SAN JACINTO CITY COUNCIL Notice of Public Hearing Street Name Change: Potter Road to Lyon Avenue PROPOSAL APPLICANT ENVIRONMENTAL DATE/TIME WHERE TO GO WHO TO CALL Resolution to change of name of Potter Road to Lyon Avenue from De Anza Drive to Record Road. Applicant: City of San Jacinto 595 S. San Jacinto Avenue San Jacinto, Ca 92583 Street Name Change: Potter Road to Lyon Ave Subject Site This proposal is not subject to the California Environmental Quality Act (CEQA) because, pursuant to Section 3.07 of the City's CEQA Guidelines there is no possibility that the activity in question may have a significant effect on the environment. The project therefore is exempt from CEQA. Thursday, April 2, 2009 7:00 p.m. San Jacinto Unified School District Board Room 2045 S. San Jacinto San Jacinto, CA 92583 For additional information contact: Asher Hertel, Planning Director 595 S. San Jacinto Avenue San Jacinto, CA 92583 (951) 487-7330 District Offices AGENDA - TRANSMITTAL FORM TO: Dorothy L. Chouinard, City Clerk //r Enclosure: Staff Report for L'Ci meeting of / [CC or RDA] (date) 7) (name — brief description) Consent Calendar Item Public Hearing Item: Notice required yes no Copy attached yes no Published (date(s)) Notices sent (date(s) City Departments Item Ii Attachments include (this needs to match the attachment list in the Staff Report: A. <A 7 r c_.? /a v; } R /5 B. Jet rib *2 c C. Other: Please provide a fully executed copy of documents to: Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: Name of person that will be presenting item at the meeting DATE: 3/Z r [Name or Initials], [Title] S:\City Clerk\Transmittal Form for Staff Report.doc AGENDA ITEM 5.3 April 2, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Tim Hults, Assistant City Manager/0A° SUBJECT: Appropriation of funds and authorization to advertise for bids — Demolition of 181 (former museum) and 201 (former City Hall) E. Main Street RECOMMENDATION: Staff recommends that the City Council, by motion, appropriate $28,000 from the General Fund Capital Reserve and approve the specifications for the demolition of 181 (former museum) and 201 (former City Hall) E. Main Street and direct the City Clerk to publicly advertise for bids. BACKGROUND: The City Manager's office has recently completed the specifications for the demolition of the two Main Street buildings that are no longer in use and currently unsafe to occupy. Staff has removed all plans and file storage from the old City Hall building. The former museum was vacated several years ago when the museum was relocated to a modular on the grounds of the Francisco Estudillo Heritage Park. DISCUSSION: The proposed bid authorization would lead to the complete demolition of the former museum and former City Hall. In addition, the foundations are required to be removed and all utilities properly terminated, including capping the sewer laterals at least 5 feet from the respective property lines. The demolition contractor will also be required to correct any damage to adjacent properties and infrastructure. Pedestrian access shall be maintained and the site fully secured until such time as all debris has been removed. The estimate to demolish both buildings and return the sites to bare land is $78,000. Page 1 of 2 ALTERNATIVES: Approval: Approve the specifications and direct staff to proceed with advertisement. Denial: Do not approve this item as presented, and provide staff with further direction. FISCAL IMPACT: The available budget for this project is $50,000. In contrast, the project is estimated to cost $78,000. Therefore, staff has recommended an appropriation of $28,000 from the General Fund Capital Reserve. In the event the bids result in a higher cost, staff will present the Council with a recommendation for an additional budget adjustment to fully fund this project. ATTACHMENTS: Notice Inviting Bids Proposed Scope of Work Page 2 of 2 CITY OF SAN JACINTO NOTICE INVITING BIDS The City of San Jacinto ("City") will receive sealed bids for the Demolitions of 181 E. Main Street and 201 E. Main Street Project at City Hall no later than May 4, 2009 at 2:OOPM, at which time or thereafter said bids will be opened and read aloud. Bids received after this time will be returned unopened. Bids shall be valid for 60 calendar days after the bid opening date. The Project must be completed within 45 calendar days, beginning ten (10) calendar days after the date on which the notice to proceed ("Notice to Proceed"), is sent by City to the contractor submitting a bid for this Project ("Contractor"). Bids must be submitted on the City's Bid Forms. Bidders may obtain a copy of the Contract Documents from the Building Department at: 595 S. San Jacinto Avenue, San Jacinto, CA 92583 (951-497-7330) for fifteen dollars ($15). A non-refundable charge of five dollars ($5) will be required of any bidder who requests that the Contract Documents be mailed within California (costs for out-of-state mailings will be higher). The City will also make the Contract Documents available for review at one or more plan rooms. Bids must be accompanied by cash, a certified or cashier's check, or a Bid Bond in favor of the City in an amount not less than ten percent (10%) of the submitted Total Bid Price. A non -mandatory Pre -Bid Conference will be held at 201 E. Main Street on the following date(s) and time(s): April 24, 2009 at 8:30AM. Each and every Bidder should attend the Pre -Bid Conference. Prospective bidders may visit the Project Site without making arrangements through the Engineer, however, access to the building interior will not be possible. Bids will be accepted from any bidder who did not attend the Pre -Bid Conference. Each bid shall be accompanied by the security referred to in the Contract Documents, the non - collusion affidavit, the list of proposed subcontractors, and all additional documentation required by the Instructions to Bidders. The successful bidder will be required to furnish the City with a Performance Bond equal to 100% of the successful bid, and a Payment Bond equal to 100% of the successful bid, prior to execution of the Contract. All bonds are to be secured from a surety that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and is admitted by the State of California. Pursuant to Public Contract Code Section 22300, the successful bidder may substitute certain securities for funds withheld by City to ensure his performance under the Contract. The Director of Industrial Relations has determined the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract which will be awarded to the successful bidder, copies of which are on file and will be made available to any interested party upon request at the Building Department or online at http://www.dir.ca.gov/dlsr. A copy of these rates shall be posted by the successful bidder at the job site. The successful bidder and all subcontractor(s) under him, shall comply NOTICE INVITING BIDS -1- RVPU B\SAKIN S\713690.2 with all applicable Labor Code provisions, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Contract, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors. Each bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification(s) of contractor's license(s), for the work bid upon, and must maintain the license(s) throughout the duration of the Contract: (A) General Engineering Contractor. Award of Contract: The City shall award the Contract for the Project to the lowest responsible bidder as determined from the base bid alone by the City. The City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process. For further information, contact Joe Lancaster, 951-487-7330. NOTICE INVITING BIDS -2- RVPUB\SAKINS\713690.2 201 E. Main Street 181 E. Main Street Demolition of Buildings (Scope of Work) • Obtain a building demolition permit from the Building Department • Contractor shall be responsible for removing all foundations and buildings without disruption and damage to adjacent properties. • Contractor is required to use CR&R (City Ordinance) Waste and Recycling for removal of all debris from site. • Contractor shall be required to make utility cutoffs satisfactorily to utility services and the Building Department. Cap sewer line within 5' of property; leave uncovered until inspected by building inspector. • Notify South Coast Air Quality Management District of demolition of the building in accordance of AQMD Rule 1403 — Asbestos Demolition/Renovation. Demolition of building shall not commence until asbestos report is submitted to Building Department. • Replace damaged street paving and sidewalk, if necessary. • The entire project shall be completed within 45 days. Protection of Properties • Contractor shall be responsible for the removal of any demolition debris or mud from any street, alley or right -a -way resulting from the demolition work. • If it shall become necessary to close any traffic lanes, it shall be the contractors responsibility to acquire the necessary permits and to place barricades and warning signs required by the Public Works Department. • Maintain alternate pedestrian access around demolition site. • Install temporary fencing around demolition site. The fencing shall not be removed until hazard is removed. • Contractor shall comply with applicable air control requirements of the City of San Jacinto. AGENDA - TRANSMITTAL FORM TO: Dorothy L. Chouinard, City Clerk Enclosure: Staff Report for CC Meeting of 04-02-09 [CC or RDA] Ordinance No. 09-09 (Repealing Ord 06-22 San Jacinto River Levee) (name — brief description) _ Consent Calendar Item ii,Public Hearing Item: Notice required _ yes x no Copy attached _ yes _ no tX Published (date(s) Notices sent N/A (date(s) City Departments Item I► Attachments include (this needs to match the attachment list in the Staff Report: • Ordinance 09-09 • City Council staff report of 9-21-06 X Please provide a fully executed copy of documents to: Asher Hartel Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: Name of person that will be presenting item at the meeting: Asher Hartel DATE: 3-23-09 Asher Hartel, Planning Director [Name or Initials], [Title] S:\Community Development\PLANNER\Asher\Levee\CC Transmittal 4-2-09.doc AGENDA ITEM 5.4 April 2, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Asher Hartel, AICP, Planning Director SUBJECT: Introduction of Ordinance No. 09-09, an Ordinance Repealing Ordinance No. 06-22 and Conditioning the Development of Property to include Non -Residential Development Projects within Certain Areas on the Financing of Improvements For The San Jacinto River Levee, Stage 4. RECOMMENDATION: Staff recommends that the City Council by motion: Introduce Ordinance No. 09-09 for first reading and by further motion read by title only. An Ordinance Of The City Council Of The City Of San Jacinto, California, Repealing Ordinance No. 06-22 and Conditioning The Development Of Property Within Certain Areas On The Financing Of Improvements For The San Jacinto River Levee, Stage 4. BACKGROUND: The City Council, on February 5, 2009 directed staff to look at the possibility of including non-residential development projects for conditioning for the financing of improvements for the San Jacinto River Levee project. This direction from Council was related to the review for ratification of Planning Commission approval of CUP No. 12-08 on December 11, 2008 for a telecommunications facility with a 55-foot high stealth monotree tower at 1209 W. Ramona Expressway. CUP No. 12-08 was continued for 90 days to May 7, 2009, so that staff could review the existing levee financing ordinance (Ordinance No. 06-22) and come back to Council with a recommendation within the 90-day continuance period for CUP 12-08. Page 1 of 3 DISCUSSION: Ordinance No. 06-22, adopted in 2006, provides for the conditioning of subdivision development projects to provide financing of improvements for the San Jacinto River levee. However, Ordinance 06-22 does not include the conditioning of projects that are not subdivisions. In order to include development projects that are not a subdivision, such as non-residential commercial and industrial projects, the attached draft Ordinance No. 09-09 has been prepared. Ordinance 09-09 is a modified version of Ordinance 06-22, which has been modified to add non-residential development projects while retaining all language applicable to subdivision projects. The new ordinance casts a wider net to include virtually all development projects in the area that will benefit from construction of the levee project. The inclusion of non-residential projects would apply to development containing habitable floor space. The project for the telecommunications facility at 1209 W. Ramona Expressway (CUP No. 12-08) that initiated the investigation and research to include more development projects would, however, not be included by the new ordinance as it does not have any habitable floor space. The City Attorney has advised staff that including non -habitable buildings, such as equipment sheds in telecommunications facilities that are typically located on a small leased area on a much larger parcel of land, would likely present legal problems that far outweigh any benefits that would be gained by the meager amount of funding that would result from such small buildings being required to establish or annex into a Community Facilities District. The Council staff report from September 21, 2006 is attached to provide background information that is relevant to the new ordinance, which includes everything that was in Ordinance 06-22 for financing of the levee project. The revisions by staff to the old ordinance to create the new Ordinance 09-09, which would repeal Ordinance 06-22 were done in conjunction with the City Attorney. Development projects, now defined to include non-residential projects with habitable floor space within the floodplain will be required to either form or join a CFD for the financing of the Levee project. As before, no permits will be issued until the plans for the Levee project are approved, financing is in place and all necessary right of way is acquired. However, developments may proceed prior to all of these occurring if the development forms/joins the CFD, flood -proofs its project, and dedicates any required right of way. ALTERNATIVES: 1) Consider and, by motion, conduct the first reading and introduce the proposed ordinance. 2) Continue or take no action. Page 2 of 3 FISCAL IMPACT: This ordinance is not anticipated to have any direct budgetary impact. The purpose of the ordinance is merely to require new development that benefits from the levee project to pay its fair share. ATTACHMENTS: A. Ordinance No. 09-09 B. City Council staff report of September 21, 2006 Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF SAN JACINTO ) ORDINANCE NO. 09-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, REPEALING ORDINANCE NO. 06-22 AND CONDITIONING THE DEVELOPMENT OF PROPERTY WITHIN CERTAIN AREAS ON THE FINANCING OF IMPROVEMENTS FOR THE SAN JACINTO RIVER LEVEE, STAGE 4 WHEREAS, the City of San Jacinto ("City") is authorized by California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, California's Subdivision Map Act (Gov. Code, §§ 66410 et seq.) authorizes the City to regulate the design and improvement of subdivisions within the corporate limits of the City; and WHEREAS, Government Code section 66485 provides that there may be imposed by local ordinance a requirement that improvements installed the subdivider for the benefit of the subdivision shall contain supplemental size, capacity, number, or length for the benefit of property not included within the subdivision, and that those improvements be dedicated to the public; and WHEREAS, the City's police powers enable the City to establish special financing districts and to require requiring participation of new development for the funding of needed public infrastructure in order to ensure the health, safety, and welfare of persons and property; and WHEREAS, the City Council of the City of San Jacinto ("City Council") has determined that properties both within the existing flood plain (as depicted in Exhibit "A", attached hereto and incorporated by reference herein) (the "Floodplain") and adjacent thereto (as depicted in Exhibit "B", attached hereto and incorporated by reference herein) ("CFD Area") will benefit from the design, construction and maintenance of the San Jacinto River Levee, Stage 4 project; and WHEREAS, the following General Plan Goals and Policies will be furthered by the adoption and implementation of this Ordinance: Land Use Goal 2: Policy 2.4: Manager and direct growth so that the community and its neighborhoods are protected and enhanced. Ensure that adequate infrastructure and public services are provided in concert with development so Page 1 of 5 that no negative fiscal or service impact occurs as a result of new development. Community Services and Facilities Goal 8: Work effectively with providers of flood control services and facilities to provide and maintain sufficient levels of service. Policy 8.1: Ensure that adequate flood control facilities are provided to protect the lives and property of San Jacinto's residents. Public Safety Goal 1: Minimize the risk of injury and the loss of life and property related to geologic conditions, seismic activity, wildfires, and flooding. Policy 1.5: Protect the community from flooding hazards by providing and maintaining flood control facilities and limited development within the flood plain. WHEREAS, City Staff has concluded that the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (Pub. Resources Code, §§ 21000 et seq.) ("CEQA") because the Ordinance not "an essential step in a chain of events leading to a change in the physical environment" because: (1) the adoption of this Ordinance will not necessarily create a need for the Levee project; (2) the construction of the Levee project is not entirely dependent on the adoption of this Ordinance; (3) regardless of whether this Ordinance is adopted, the Levee project may have to be constructed; and (4) CEQA review would be premature because no definite plans have been formed as to where or when to construct the Levee project (State CEQA Guidelines, § 15061(b)(3); Kaufman & Broad -South Bay, Inc. v. Morgan Hill Unified School District, (1993) 9 Cal.App.4th 464); and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred. THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES ORDAIN AS FOLLOWS: SECTION 1: Ordinance No. 06-22 is hereby repealed in its entirety. SECTION 2: The following condition shall be included, and shall be deemed included, on every subdivision map, including, without limitation, any parcel map, tract map, or vesting map, and on every non- residential development project that includes any building with habitable floor space, within the CFD Area of Floodplain, that is approved, amended or otherwise modified, following the effectiveness of this Ordinance: "For subdivision maps and non-residential development projects with any building with habitable floor space, within the San Jacinto River Floodplain, the City of San Jacinto shall not allow the issuance of Page 2 of 5 any permits (including, without limitation, grading permits, building permits, or certificates of occupancy) or the recordation of any map until the plans for San Jacinto River Levee Stage 4 are approved and permitted, financing for construction of the levee provided, and all required rights -of -way acquired. Alternatively, any subdivision map or non-residential development project with any building with habitable floor space, within San Jacinto River Floodplain that proposes construction and occupancy prior to the time all of such conditions are met shall be required to form or join a public financing district (community facilities district, etc.) for the levee project, flood proof the subdivision or applicable portion of the development project site and dedicate any required right-of-way for levee and other drainage infrastructure prior to issuance of any occupancy permit. Occupancy permit for greater than 80% of proposed units within such subdivision shall be withheld until completion and acceptance of all applicable storm drain lines and connection to San Jacinto River pursuant to on -going master plan. For subdivision maps or non-residential development projects with any building with habitable floor space outside of the San Jacinto River Floodplain (but within the CFD Area), prior to issuance of any permit (including, without limitation, grading permits, building permits, or certificates of occupancy) or recordation of any final map, such subdivision or the applicable portion of the project site shall be flood -proofed and the subdivision or project site shall form or join a public financing district (community facilities district, etc.) for the levee project. Occupancy permit for greater than 80% of proposed units within such subdivision or 80% of the floor space of the non- residential project shall be withheld until completion and acceptance of all applicable storm drain lines and connection to San Jacinto River pursuant to on -going master plan." SECTION 3: This Ordinance shall apply to any permit (including, without limitation, any grading permit, building permit, or certificate of occupancy) for which application for such permit is made following the effective date of this Ordinance, irrespective of whether this Ordinance was in effect at the time the subdivision map or other development approval was originally approved or amended. Page 3 of 5 SECTION 4: If any provision or clause of this Ordinance is held invalid, such invalidity shall not affect other provisions of this Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are declared to be severable. SECTION 5: The City Council hereby finds and determines that, in accordance with the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, because the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (Pub. Resources Code, §§ 21000 et seq.) ("CEQA") because the Ordinance not "an essential step in a chain of events leading to a change in the physical environment" because: (1) the adoption of this Ordinance will not necessarily create a need for the Levee project; (2) the construction of the Levee project is not entirely dependent on the adoption of this Ordinance; (3) regardless of whether this Ordinance is adopted, the Levee project may have to be constructed; and (4) CEQA review would be premature because no definite plans have been formed as to where or when to construct the Levee project (State CEQA Guidelines, § 15061(b)(3); Kaufman & Broad -South Bay, Inc. v. Morgan Hill Unified School District, (1993) 9 Cal.App.4th 464). City staff is hereby directed to file with the County Clerk a notice of exemption within three (3) working days of the adoption of this Ordinance. SECTION 6: This Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of the fifteen (15) days from the passage thereof, the Ordinance or a summary of the Ordinance shall be published at least once in a newspaper of general circulation in the City of San Jacinto; and thereafter this Ordinance shall be in full force and effect. INTRODUCED at a regular meeting of the San Jacinto City Council on 2009. Page4of5 APPROVED, PASSED AND ADOPTED this day of 2009 by the following vote: Ayes: Nays: Absent: Abstain: ATTEST: Dorothy L. Chouinard, City Clerk City of San Jacinto By Dale Stubblefield, Mayor CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF SAN JACINTO ) I, Dorothy L. Chouinard, City Clerk of the City of San Jacinto, do hereby certify that the foregoing Ordinance No. was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 2009, and that thereafter, said Ordinance was duly adopted and passed as a regular meeting of the City Council on the day of , 2009. 2009. WITNESS MY HAND AND OFFICIAL SEAL this day of Dorothy L. Chouinard, City Clerk - 5 - EXHIBIT "A" MAP OF FLOODPLAIN [INSERT TOTAL LAND RECOVERED FROM FLOODPLAINJ -6- EXHIBIT "B" MAP OF CFD AREA [INSERT BENEFITS FROM LEVEE CONSTRUCTION] - 7 - Legend Residential . 2284 Acres Commercial• 108 Acres Industrial- 740 Acres CFD Benefit Boundary Existing Floodplain AGENDA ITEM September 21, 2006 TO: The Honorable Mayor and Members of the City Council FROM: City Engineer and City Attorney SUBJECT: Introduction of Ordinance No. 06-22 an Ordinance Conditioning the Development of Property within Certain Areas on the Financing of Improvements for the San Jacinto River Levee, Stage 4 RECOMMENDATION: By motion, introduce Ordinance No. 06-22 an Ordinance Conditioning the Development of Property within Certain Areas on the Financing of Improvements for the San Jacinto River Levee, Stage 4 and by further motion read by title only. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, CONDITIONING THE DEVELOPMENT OF PROPERTY WITHIN CERTAIN AREAS ON THE FINANCING OF IMPROVEMENTS FOR THE SAN JACINTO RIVER LEVEE, STAGE 4" BACKGROUND: The City Council has directed City staff and its consultants to move forward with the necessary studies and financing mechanisms for the San Jacinto River Levee, Stage 4. Several steps are required in order to form such a financing mechanism, the first of which is the adoption of a resolution of intention. The City Council would then conduct a public hearing and adopt a resolution establishing the community facilities district (CFD). Prior to establishing the CFD, City staff and its consultants believe that it would be prudent to impose on new developments affected by the Levee project conditions that assist in the formation of such a CFD. Approvals City Manager: Finance Director: Page 1 of 3 DISCUSSION: California's Subdivision Map Act (Gov. Code, § 66485) authorizes the City to impose, by ordinance, a requirement that improvements installed a subdivider for the benefit of a subdivision must contain supplemental size, capacity, number, or length for the benefit of property not included within the subdivision, and that those improvements be dedicated to the public. Therefore, from a legal and regulatory standpoint, the City could, if it wished to do so, require developments in these areas to construct the Levee project. However, practically speaking, such a condition would be a difficult one to meet. Therefore, City staff and its consultants recommend that the condition described in the attached ordinance be imposed. Under this condition, development projects within the floodplain will be required to either form or join a CFD for the financing of the Levee project. No permits will be issued until the plans for the Levee project are approved, financing is in place and all necessary right of way is acquired. However, developments may proceed prior to all of these occurring if the development forms/joins the CFD, flood -proofs its project, and dedicates any required right of way. For those developments outside of the floodplain, but within a larger area that benefits from the Levee project, the developments are required to flood -proof their projects and either form or join the CFD. In addition, occupancy permits in excess of 80% of the project will be withheld pending completion and acceptance of master storm drain facilities. The condition for joining a CFD has been used successfully by the City in the past. For example, in 2003, the City required developments to join a CFD to pay the costs of police and fire personnel. Other cities have also used similar conditions requiring the forming or joining of a public financing district to fund the costs associated with new developments. The condition withholding certificates of occupancy beyond the first 80% is a condition that the City has been implementing for nearly a year now, based on concerns expressed by Council that interim storm drain facilities not be allowed to become permanent. The following San Jacinto General Plan Goals and Policies will be furthered by the adoption and implementation of this ordinance: • Land Use Goal 2: • Policy 2.4: Manager and direct growth so that the community and its neighborhoods are protected and enhanced. Ensure that adequate infrastructure and public services are provided in concert with development so that no negative fiscal or service impact occurs as a result of new development. Page 2 of 3 • Community Services and Facilities Goal 8: Work effectively with providers of flood control services and facilities to provide and maintain sufficient levels of service. • Policy 8.1: Ensure that adequate flood control facilities are provided to protect the lives and property of San Jacinto's residents. • Public Safety Goal 1: Minimize the risk of injury and the loss of life and property related to geologic conditions, seismic activity, wildfires, and flooding. • Policy 1.5: Protect the community from flooding hazards by providing and maintaining flood control facilities and limited development within the flood plain. As part of the City's ongoing efforts to involve all stakeholders in this important project, City staff and its consultants discussed the need for this ordinance at the City's Levee subcommittee meeting several months ago, and asked for stakeholder input at that time. In addition, in late August, the City provided a draft of the condition to stakeholders, soliciting input. (See attached list of recipients). The City received a response from a local property owner and developer, Mr. Bob Osborne, Sr., which is also attached to this staff report. ALTERNATIVES: 1) Consider and, by motion, conduct the first reading and introduce the proposed ordinance. 2) Continue or take no action. FISCAL IMPACT: This ordinance is not anticipated to have any direct budgetary impact. The purpose of the ordinance is merely to require new development that benefits from the levee project to pay its fair share. In addition, the City has entered into a cooperative agreement with the County Flood Control District to share in a portion of the costs of designing and constructing the levee project. ATTACHMENTS: • Proposed Ordinance • List of Recipients of Draft Condition • Response from Mr. Bob Osborne, Sr., dated September 8, 2006 Page 3 of 3 AGENDA - TRANSMITTAL FORM TO: Dorothy L. Chouinard, City Clerk Enclosure: Staff Report for C C meeting of LA -.2 - 0 [CC or RDA] (date) PVI) vwIZ of U ckkeei 5 (name — brief description) ACK)/ Departments Ite XAttachments include (this needs to match the attachment list in the Staff Report: iS Nv� / ON -Gail-r%/- f Public Hearing Item: Notice required yes no Copy attached yes no Published (date(s)) Notices sent (date(s) A. EXci.c? Z roan S , St~rv�y B. �l C. Other: — Please provide a fully executed copy of documents to: Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: Name of person that will be presenting item at the meeting DATE: 3 [Name or kiitials], [title] C:\Users\Trilake\Desktop\Li11y\Blank Forms\Blank AGENDA Transmittal Form.doc AGENDA ITEM 5.5 April 2, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Habib Motlagh City Engineer SUBJECT: Approval of Updated City -Wide Speed Survey RECOMMENDATION: Staff recommends that the City Council, by motion, approve the updated city- wide speed survey prepared by RK Engineering and direct the Public Works Department to implement the speed limit recommendations contained therein. DISCUSSION: At the request of the San Jacinto Police Department, the City Engineer's office recently had its traffic engineering consultant, RK Engineering, complete an updated speed survey on a number of streets throughout the City. This survey was necessary due to the previous survey being too old for continued enforcement. A copy of the speed limit recommendations is included with this staff report. There were a total of 38 road segments surveyed, with the speed limit recommendations varying from 25 mph to 55 mph depending on the location. Attached to this report please find a summary of the survey results. The City Engineer and the Police Department have reviewed the survey results and both offices recommend approval and implementation of the report's recommendations. During the preparation of this update, one street that was given particular consideration was North San Jacinto Ave (from Idyllwild to Ramona Expressway). The current posted speed limit in this segment is 25 mph. The City's traffic engineer felt that an argument could be made for either keeping the 25 mph speed limit, or using a 40 mph speed limit based on the 85th percentile speed. After review by the Police Department, it was determined that a 40 mph Page 1 of 2 speed is appropriate. It was thought that the 25 mph speed limit would not be enforceable, since nearly all traffic on San Jacinto Ave exceeds this speed. Changing the speed limit to 40 mph will not affect the school zone conditions in the vicinity of San Jacinto Valley Academy. ALTERNATIVES: Approval: Approve the recommendations in the speed survey and direct staff to implement the same. Denial: Do not approve the speed survey, and provide additional direction to staff. FISCAL IMPACT: There is a minor fiscal impact related to this item, for any staff costs associated with changing out speed limit signs and striping the roadway. This is part of routine operations for the public works department. ATTACHMENTS: ■ Speed Survey by RK Engineering, dated January 26, 2009 Page 2 of 2 RI( engineering group, inc. transportation planning • traffic engineering environmental engineering • parking studies January 26, 2009 Mr. Habib Motlagh CITY OF SAN JACINTO 595 S. San Jacinto Avenue San Jacinto, CA 92583 Subject: City of San Jacinto Engineering and Traffic Survey Dear Mr. Motlagh: RK ENGINEERING GROUP, INC. (RK) is pleased to provide this Engineering and Traffic Survey for thirty-eight (38) roadway segments within the City of San Jacinto. This report incorporates the speed surveys, traffic counts, roadway evaluations, and the accident analysis that was utilized to make recommendations for the thirty-eight (38) roadway segments within the City of San Jacinto. This report summarizes our data collection, methodology, analysis, findings, and recommendations with respect to speed limit recommendations within the City of San Jacinto. RK appreciates this opportunity to work with the City of San Jacinto on this important project. If you have any questions or if we can be of further assistance, please do not hesitate to call us at (949) 474-0809. Sincerely, RK ENGINEERING G Robert Kahn, P. Principal I Attachments I RK: GK: rd/RK7060 JN:0328-2008-09 Gene Kim, E.I.T Engineer RK newport beach corporate headquarters 3991 macarthur boulevard, suite 310 newport beach, california 92660 tel 949.474.0809 fax 949.474.0902 RK riverside tel 951.354.8500 fax 951.354.8501 5.0 Speed Limit Recommendations Speed limits are generally established at the nearest 5-mile per hour level to the 85th percentile, but generally not lower than the limit of the 10-mile per hour pace speed. According to the CA MUTCD 2006 Edition (Appendix H): Experience has shown that speed limits should be established at or below the 85th percentile speed. The speed chosen for speed zoning should be in 5-mile per hour increments and should normally be selected at a value nearest below the 85th percentile speed. In general, the 85th percentile will dictate the speed limit to be established pursuant to the reasoning that most drivers are "reasonable and prudent." Speed limit selections resulting from this survey and analysis thus follow the above guideline. Recommended speed limits are for both directions of travel. The primary selected speed limits were then considered in relation to roadway characteristics, accident experience, and nearby development on each respective roadway segment. Some of these characteristics may warrant a deviation from the 85th percentile. These characteristics include: 1. Higher than average accident histories. 2. Hazardous physical features of the roadway that are not readily apparent to the driver. These hazards include cross gutters, poor sight distance, and close spacing of controlled intersections. 3. Compatibility and continuity with speed zones of adjacent cities and/or adjacent reaches of the same street within the City of San Jacinto. 5-1 It is important to note that the Vehicle Code by Section 22358.5 emphasizes that only hazards not readily apparent to the driver necessitate a downward speed zoning. It has been determined that the Basic Speed Law "...is sufficient regulation as to such conditions." These characteristics were considered along with the 85th percentile speed and accident experience in making recommended speed zone changes. It should also be noted that the speed survey for the City of San Jacinto has taken into account the pending amendment of the Caltrans CA MUTCD 2006 Section 213.13 which states: "When a speed limit is to be posted, it should be within 10 km/h or 5 mph of the 85th-percentile speed of the free -flowing traffic. The speed limit may be further reduced by 10 km/h or 5 mph, if unusual conditions not readily apparent to drivers exist, as long as it is in compliance with the CVC Section 22358.5. If used, a one time 10 km/h or 5 mph reduction shall be documented in writing. The final speed limit shall not be less the 50th percentile." This segment is provided in Appendix I. Table 1 contains a listing of survey locations with their calculated critical (or 85th percentile) speed, 10-mile per hour pace speed, and the recommended speed limit. Speed limit recommendations are graphically displayed in Exhibit B, and are described below: Chase Street Segment 1: Chase Street is a collector street with a curb to curb width of 40 feet between De Anza and Ramona Expressway. The posted speed limit in portions of this segment is 25 mph. The recommended speed limit remains 25 mph, due to the prima facie speed of 25 mph. Segment 2: Chase Street is a collector street with a curb to curb width of 44 feet between Ramona Expressway and Blodgett Street. The posted speed limit in portions of this segment is 25 mph. The recommended speed limit remains 25 mph, due to the prima facie of 25 mph. 5-2 Commonwealth Avenue Segment 3: Commonwealth Avenue is a secondary street with a curb to curb width of 54 feet between State Street and Arroyo Viejo. The posted speed limit in portions of this segment is 45 mph. The speed limit will be 40 mph due to the 85th percentile speed and 10 mile per hour pace speed. Segment 4: Commonwealth Avenue is a collector street with a curb to curb width of 44 feet between Arroyo Viejo and Esplanade Avenue. The posted speed limit in portions of this segment is 35 mph. The speed limit will be 30 mph due to the 85th percentile speed and 10 mile per hour pace speed. De Anza Drive Segment 5: De Anza Drive is a collector street with a curb to curb width of 24 feet between Potter Road and State Street. The posted speed limit in portions of this segment is 30 mph. The recommended speed limit is 40 mph, for the roadway segment from Potter Road to Young Street, due to the 85th percentile and 10 MPH pace speed while the recommended speed limit is 25 mph, for the roadway segment from Young Street to State Street due to the prima facie speed of 25 mph. Esplanade Avenue Segment 6: Esplanade Avenue is a major roadway with a curb to curb width of 78 feet between State Street and San Jacinto Avenue. The posted speed limit in portions of this segment is 40 mph. The speed limit will remain as 40 mph due to the 85th percentile speed. 5-3 Hewitt Avenue Segment 7: Hewitt Avenue is a secondary street with a curb to curb width of 40 feet between Washington Avenue and Evans Street. The posted speed limit in portions of this segment is 40 mph. The recommended speed limit will remain as 40 mph due to the 85th percentile speed and 10 mile per hour pace speed. Segment 8: Hewitt Avenue is a secondary street with a curb to curb width of at least 50 feet between Evans Street and Main Street. The posted speed limit in portions of this segment is 30 mph. The recommended speed limit is 40 mph due to the 85th percentile and 10 mile per hour pace speed. Idyllwild Drive Segment 9: Idyllwild Drive is a collector street with a curb to curb width of at least 42 feet between State Street and San Jacinto Avenue. The posted speed limit in portions of this segment is 35 mph. The recommended speed limit shall remain as 35 mph due to the 85th percentile speed and 10 mile per hour pace speed. Kirby Street Segment 10: Kirby Street is a collector street with a curb to curb width of 24 feet between Esplanade Avenue and Cottonwood Avenue. The posted speed limit in portions of this segment is 40 mph. The recommended speed limit is 45 mph due to the 85th percentile speed. 5-4 Lvon Avenue Segment 11: Lyon Avenue is a major roadway with a curb to curb width of at least 26 feet between Esplanade Avenue and Cottonwood Avenue. The posted speed limit in portions of this segment is 50 mph. The recommended speed limit shall remain as 50 mph due to the 85th percentile speed. Segment 12: Lyon Avenue is a major roadway with a curb to curb width of 24 feet between Cottonwood Avenue and De Anza Avenue. The posted speed limit in portions of this segment is 50 mph. The recommended speed limit shall remain as 50 mph, due to the 85th percentile speed. Main Street Segment 13: Main Street is a secondary street with a curb to curb width of 64 feet between Alessandro Avenue and Ramona Expressway. The posted speed limit in portions of this segment is 40 mph. The recommended speed limit will remain as 40 mph due to the 10 mile per hour pace speed. Segment 14: Potter Road is a collector street with a curb to curb width of 24 feet between De Anza and Ramona Expressway. The posted speed limit in portions of this segment is 35 mph. The recommended speed limit is 40 mph due to the 85th percentile speed and 10 mile per hour pace speed. Sanderson Avenue Segment 15: Sanderson Avenue is an urban arterial with a maximum curb to curb width of 60 feet between Esplanade Avenue and Cottonwood Avenue. The posted 5-5 speed limit in portions of this segment is 50 mph. The recommended speed limit remains as 50 mph due to the 85th percentile speed. Segment 16: Sanderson Avenue is an urban arterial with a maximum curb to curb width of 24 feet between Ramona Expressway and Cottonwood Avenue. The posted speed limit in portions of this segment is 55 mph. The recommended speed limit remains as 55 mph due to the 85'h percentile speed. 7th Street Segment 17: 7'h Street is a secondary street with a curb to curb width of 48 feet between Sanderson Avenue and W. Main Street. The posted speed limit in portions of this segment is 45 mph. The speed limit will remain as 45 mph due to the 85'h percentile speed and 10 mile per hour pace speed. Segment 18: 7'h Street is a secondary street with a curb to curb width of 60 feet between W. Main Street and Hewitt Avenue. The posted speed limit in portions of this segment is 30 mph. The speed limit will remain as 30 mph due to the 85th percentile speed and 10 mile per hour pace speed. Segment 19: 7'h Street is a secondary street with a curb to curb width of 60 feet between Hewitt Avenue and Ramona Expressway / Mountain Avenue. The posted speed limit in portions of this segment is 45 mph. The speed limit will remain as 45 mph due to the 85th percentile speed. State Street Segment 20: State Street is a major roadway with a curb to curb width of 65 feet between Commonwealth Avenue and 7'h Street. The posted speed limit in portions of this segment is 45 mph. The recommended speed limit shall remain as 45 mph due to the 85th percentile speed. 5-6 Segment 21: State Street is a major roadway with a curb to curb width of 65 feet between 7th Street and Ramona Boulevard. The posted speed limit in portions of this segment is 45 mph. The recommended speed limit shall remain as 45 mph due to the 85th percentile speed. Washington Avenue Segment 22: Washington Avenue is a major roadway with a curb to curb width that varies from 32 feet to 44 feet between Hewitt Street and Mountain Avenue. The posted speed limit in portions of this segment is 25 mph. The speed limit will remain as 25 mph due to the prima facie speed of 25 mph. West Main Street Segment 23: West Main Street is a collector street with a curb to curb width that varies from 42 feet to 54 feet between De Anza Drive and San Jacinto Avenue. The posted speed limit in portions of this segment is 25 mph. The recommended speed limit will remain the prima facie speed of 25 mph due to the surrounding residential and commercial land uses. East Main Street Segment 24: East Main Street is a secondary roadway with a curb to curb width that varies from 42 feet to 54 feet between San Jacinto Avenue and Alessandro Avenue. There is no posted speed limit sign throughout this segment. The recommended speed limit is 35 mph due to the 85th percentile speed and 10 mph pace speed. 5-7 San Jacinto Avenue Segment 25: San Jacinto Avenue is a secondary roadway with a curb to curb width that varies from 24 feet to 36 feet between Main Street and Idyllwild Drive. The posted speed limit in portions of this segment is 25 mph. The recommended speed limit shall remain as 25 mph due to the prima facie speed of 25 mph in residential areas. North San Jacinto Avenue Segment 26: North San Jacinto Avenue is secondary roadway with a curb to curb width that varies from 24 feet to 36 feet between Idyllwild Drive and Ramona Expressway. The post speed limit in portions of this segment is 25 mph. The recommended speed limit will be 40 mph due to the 85th percentile and 10 mph pace speed. Mountain Avenue Segment 27: Mountain Avenue is an urban arterial with a curb to curb width that varies between 64 feet to 92 feet between 7th Street and Esplanade Avenue. The posted speed limit in portions of this segment is 55 mph. The recommended speed limit shall remain as 55 mph due to the 85th percentile speed. Segment 28: Mountain Avenue is an urban arterial with a curb to curb width that varies between 64 feet to 92 feet between Esplanade Avenue and Washington Avenue. The posted speed limit in portions of this segment is 55 mph. The recommended speed limit shall remain as 55 mph due to the 85`h percentile speed. 5-8 Cottonwood Avenue Segment 29: Cottonwood Avenue is a roadway which varies from urban arterial to arterial with a curb to curb width that varies from 26 feet to 56 feet between Sanderson Avenue and Warren Road. The posted speed limit in portions of this segment is 50 mph. The recommended speed limit shall remain a1 be =a""ne4 4 55 mph due to the 85th percentile speed and 10 mile per hour pace speed, Old Mountain Road Segment 30: Old Mountain Road is secondary roadway with a curb to curb width that varies from 36 feet to 60 feet between Las Rosas and Mountain Avenue. There is no posted speed limit that exists at this roadway segment. The recommended speed limit is 35 mph due to the 85th percentile and 10 mile per hour pace speed. Palm Avenue Segment 31: Palm Avenue is a secondary street with a curb to curb width of 64 feet between De Anza Drive and 7th Street. There is no posted speed limit that exists at this roadway segment. The recommended speed limit is 40 mph due to the 85th percentile speed. Pine Avenue Segment 32: Pine Avenue is a collector street with a curb to curb width of 32 feet between Esplanade Avenue and 7th Street. There is no posted speed limit that exists at this roadway segment. The recommended speed limit is 35 mph due to the 85th percentile speed and 10 mile per hour pace speed. 5-9 Ramona Boulevard Segment 33: Ramona Boulevard is a secondary street with a curb to curb width that varies between 30 feet to 48 feet between Potter Road and State Street. The posted speed limit in portions of this segment is 45 mph. The recommended speed limit is 35 mph, due to the 85th percentile speed 10 mph pace speed and segment continuity, Segment 34: Ramona Boulevard is a secondary street with a curb to curb width of 64 feet between State Street and San Jacinto Avenue. The posted speed limit in portions of this segment is 35 mph. The recommended speed limit will remain as 35 mph due to the 85th percentile speed and 10 mph pace speed. Shaver Street Segment 35: Shaver Street is a secondary roadway with a curb to curb width that varies from 30 feet to 40 feet between Jessica Way and Las Rosas Boulevard. The posted speed limit in portions of this segment is 25 mph. The speed limit will remain as 25 mph due to the prima facie speed of 25 mph in residential areas. State Street Segment 36: State Street is a major roadway with „a curb to curb width that varies throughout the roadway segment between Ramona Boulevard and Quandt Ranch Road. There is no posted speed limit which exists on this roadway segment. The recommended speed limit is 45 mph due to the 85th percentile speed. 5-10 Young Street Segment 37: Young Street is a collector street with a curb to curb width that varies from 30 feet to 36 feet between De Anza Drive and Idyllwild Drive. There is no posted speed limit which exists on this roadway segment. The recommended speed limit shall is 35 mph due to the 85th percentile speed. Evans Street Segment 38: Evans Street is a collector street with a curb to curb width of 44 feet between Hewitt Avenue and Old Mountain. The posted speed limit in portions of this segment is 35 mph. The recommended speed limit will remain as 35 mph due to the 85th percentile speed and 10 mph pace speed. 5-1 1 Ramona Exwy. Sander Cottonwood Ave. Old Route 79 m 7th St. I111!I III1111 II O V) m e Brinton: SG-- '• W. Main ®St. H111©1 lel'Ii!W±I Legend: — — — = 25 MPH wv = 30 MPH = 35 MPH = 40 MPH 11[1[111 = 45 MPH = 50 MPH = 55 MPH 0328-08-09 (ExB) CITY OF SAN JACINTO ENGINEERING AND TRAFFIC SURVEY, City of San Jacinto, California Esplanade Ave. _mini 111 1 Commonwealth=Ave. I IIY.:®IIIri E Q m W. Main St. ® E. Main St. Shaver St. 1nl11ni�..._ Q Mr semi MEW Midway St. Oakland Ave. 111111111110 NI1IIIYlllall YI ® Jessica Way Evans St. Exhibit B Recommended Speed Limits Old Mountain Rd. Washington Ave. v_ w '� v N engineering group, inc. Page 1 of 1 From: Missy.Raskey@verizon.net Sent: Sunday, January 18, 2009 7:17 PM To: Mike Hasapes Subject: Conditional use permit 4-92 Amendment 1/La Vista Hi Mike, 1 am a neighbor of the La Vista Recovery and Wholeness Center for women. First I do not like voicing an opinion that is negative nor do I like to cause problems for expansion of businesses. Furthermore, I think helping women in need is great if in the right locale. However this is not an appropriate use of a residence in a residential district and I am opposed to the expansion for a few reasons. First, a center like this should not be in the middle of a residential district. I could see it possibly working in a residential district if it housed up to 5 women at a time. I never know who my neighbors are and it bothers me especially if children want to play outside. We do not know what associates these folks have had in the past. Second, I can hear them using foul language all the time. Just yesterday I was walking to Wal-Mart and a group of girls were sitting under a patio in front of the facility. One said very loudly "I have 5 more fuc...ing days in this place and I am fuc...ing out of here. It was loud and obnoxious. I don't care to hear this type of language. They exercise regularly in the mornings and 1 can hear them chanting as they do this. It is not something you want to hear at 7 a.m. in the morning. They also walk several times in the morning and evenings around the property and are constantly chatting. Many of them use foul language and it is rather embarrassing when you have friends or family over. Children should not be exposed to this and that is why these facilities should not be in residential districts. Again, I am not opposed to the objectives of the facilities, but I am very opposed to the facilities expansion and location. On Sundays they are allowed visitors and you feel like you live next to a public park it is so loud at times. Just imagine 37 women having there family over every Sunday. Please respect my wishes and my neighbors and deny this conditional use permit it is not in the best interest of the community and I hope you will consider the health, safety and general welfare of our community. Thanks for you time. �;i-. ATTKTRD\\f`TTD 114_01 manrimant T\T\TP(Tath 7 11')mgi9nn4 . January 81h, 2009 Community Development Department 595 S. San Jacinto Avenue San Jacinto, CA 92583 RE: Conditional Use Permit 4-92 Amendment 1 /Jane Farmer/La Vista Recovery Center To Whom It May Concern: I am a neighbor of La Vista Recovery and Wholeness Center for Women. My property is actually very near the facility and its occupation has a great affect on my quiet use and enjoyment of my own property. Therefore, I am completely against the expansion of the facility and ask that the board deny the request for additional occupancy. First, I want you to assume you live next to the facility, andyour:children walk home from school and from day fo day you don't know ho is residing ,next door or: who they may associate with; Visitors to your; home have.the.same .worries. The ladies rise at 7 a.m. or so and are required to waik_around, a.circulardriveway_several:times. Many times l have been awoken by obscenities„loua talking; chanting and other..:.. behaviors that 1 would not expect at 7 a.m. in a residential district. They also do, calisthenics every morning and they chant a song together as they do them. I am sure this may be part of the program and a motivating factor in their recovery, but as a neighbor it is not something you want to be awoken too. On the weekends, visitors are allowed and I feel like I live next to a public mall with all the noise and congested traffic that goes out into Girard and Midway. I understand that you never know who your neighbor is going to be, but if I would have known the noise level and increased activity that this facility creates I would have never moved into the area. This type of facility should never be allowed in a residential district as it is a health and safety concern to the general public. I beg of you to consider the liabilities that come with allowing a facility to operate in a residential district and its expansion that would, only expand that liability. If anything this facility should be asked to relocate to. an area outside of a, residential.:. district and away frorn'a family neighborhood 1 have attempted to tolerate its current occupatronand the nuisance I believe.it serves Approving an. expansion of this facility wiN -be a detriment to our neighborhood and our city. It would be against what our city stands for. I believe in its purpose to help out those affected by addiction, but certainly not in a residential district. I am an upstanding citizen, but I feel like this facilities current occupation is being tolerated by the city for the wrong reasons.] know of other facilities that have been required to move out of residential districts due to the potential problems that come with their operation; however this one is being allowed to remain. Please respect my request as I have enough worries with its current operation and my families' safety. Very truly yours, A concerned La Vista Neighbor Page 1 of 1 From: Missy.Raskey@verizon.net Sent: Sunday, January 18, 2009 7:17 PM To: Mike Hasapes Subject: Conditional use permit 4-92 Amendment 1/La Vista Hi Mike, I am a neighbor of the La Vista Recovery and Wholeness Center for women. First I do not like voicing an opinion that is negative nor do I like to cause problems for expansion of businesses. Furthermore, I think helping women in need is great if in the right locale. However this is not an appropriate use of a residence in a residential district and I am opposed to the expansion for a few reasons. First, a center like this should not be in the middle of a residential district. I could see it possibly working in a residential district if it housed up to 5 women at a time. I never know who my neighbors are and it bothers me especially if children want to play outside. We do not know what associates these folks have had in the past. Second, I can hear them using foul language all the time. Just yesterday I was walking to Wal-Mart and a group of girls were sitting under a patio in front of the facility. One said very loudly "I have 5 more fuc...ing days in this place and I am fuc...ing out of here. It was loud and obnoxious. I don't care to hear this type of language. They exercise regularly in the mornings and I can hear them chanting as they do this. It is not something you want to hear at 7 a.m. in the morning. They also walk several times in the morning and evenings around the property and are constantly chatting. Many of them use foul language and it is rather embarrassing when you have friends or family over. Children should not be exposed to this and that is why these facilities should not be in residential districts. Again, I am not opposed to the objectives of the facilities, but I am very opposed to the facilities expansion and location. On Sundays they are allowed visitors and you feel like you live next to a public park it is so loud at times. Just imagine 37 women having there family over every Sunday. Please respect my wishes and my neighbors and deny this conditional use permit it is not in the best interest of the community and I hope you will consider the health, safety and general welfare of our community. Thanks for you time. Or) Wieirt La- 3/5/09 ( /z /o5 c,1a. 4. a file://S:\Community Development\PLANNER\David\CUP 04-92 Amendment 11Negative... 02/03/2009 1 am an upstanding citizen, but I feel like this facilities current occupation is being tolerated by the city for the wrong reasons.] know of other facilities that have been required to move out of residential districts due to the potential problems that come with their operation; however this one is being allowed to remain. Please respect my request as I have enough worries with ifs current operation and my families' safety. Very truly yours, A concerned La Vista Neighbor MEMORANDUM To: The Honorable Mayor and Members of the City Council From: Asher Hartel, Planning Director Date: April 2, 2009 Subject: Agenda item 4.1; CUP 4-92, Amendment 1; La Vista Recovery Facility Fire Department Conditions of Approval In consultation with the Fire Department, staff recommends that the City Council amend the Riverside County Fire Department conditions for the project as follows: 1. The date of the letter from the Fire Department is 01-21-08. This date should be changed to 01-21-09 to correct a typo. 2. Condition No. 4, last sentence to be changed to read "Minimum fire flow shall be 1,500 GPM." rCI. :TO MEMORANDUM To: From: Asher Hartel, Planning Director Date: April 2, 2009 The Honorable Mayor and Members of the City Council Subject: Agenda item 4.1; CUP 4-92, Amendment 1; La Vista Recovery Facility Fire Department Conditions of Approval In consultation with the Fire Department, staff recommends that the City Council amend the Riverside County Fire Department conditions for the project as follows: 1. The date of the letter from the Fire Department is 01-21-08. This date should be changed to 01-21-09 to correct a typo. 2. Condition No. 4, last sentence to be changed to read "Minimum fire flow shall be 1,500 GPM." MEMORANDUM To: From: Asher Hartel, Planning Director Date: April 2, 2009 The Honorable Mayor and Members of the City Council Subject: Agenda item 4.1; CUP 4-92, Amendment 1; La Vista Recovery Facility Fire Department Conditions of Approval In consultation with the Fire Department, staff recommends that the City Council amend the Riverside County Fire Department conditions for the project as follows: 1. The date of the letter from the Fire Department is 01-21-08. This date should be changed to 01-21-09 to correct a typo. 2. Condition No. 4, last sentence to be changed to read "Minimum fire flow shall be 1,500 GPM." MEMORANDUM To: From: Asher Hartel, Planning Director Date: April 2, 2009 The Honorable Mayor and Members of the City Council Subject: Agenda item 4.1; CUP 4-92, Amendment 1; La Vista Recovery Facility Fire Department Conditions of Approval In consultation with the Fire Department, staff recommends that the City Council amend the Riverside County Fire Department conditions for the project as follows: 1. The date of the letter from the Fire Department is 01-21-08. This date should be changed to 01-21-09 to correct a typo. 2. Condition No. 4, last sentence to be changed to read "Minimum fire flow shall be 1,500 GPM." MEMORANDUM To: From: Asher Hartel, Planning Director Date: April 2, 2009 The Honorable Mayor and Members of the City Council Subject: Agenda item 4.1; CUP 4-92, Amendment 1; La Vista Recovery Facility Fire Department Conditions of Approval In consultation with the Fire Department, staff recommends that the City Council amend the Riverside County Fire Department conditions for the project as follows: 1. The date of the letter from the Fire Department is 01-21-08. This date should be changed to 01-21-09 to correct a typo. 2. Condition No. 4, last sentence to be changed to read "Minimum fire flow shall be 1,500 GPM." We are corporate executives, lawyers, retired professors, doctors, housewives, clergy, heal service workers, college "Si se puede" Cesar Chavez OUR MISSION: TO PROMOTE COOPERATION AND POSITIVE HUMAN RELATIONS IN THE COMMUNITY Human Relations Council of the Greater Hemet, San Jacinto and Menifee Regions PO Box 3036 Hemet, CA 92545 Phone 951-766-8659 x 224 Email: info@humanrelationscouncil.com Website: www.humanrelationscouncil.com Meetings are held on the 2nd Wednesday of each month at T:00 PM at Sun West Village Clubhouse, 1001 N. Lyon Ave., Hemet, CA Other Resources: Western Inland Empire Coalition Against Hate: 1-866-NO2HATE Center on lIate and Extremism, CSUSB 1-800-NO2HATE The Council is a private California nonprofit organization providing services to our communities since 1998. Our tax identification number is 33-0803034 OUR MISSION: TO PROMOTE COOPERATION AND POSITIVE HUMAN RELATIONS IN THE COMMUNITY Since 1998... Fostering respect and acceptance in the community www. humanrelationscouncil,com Since it's inception in 1998, the Human Relations Council has engaged in a range of activities designed to nurture harmonious relations among the increasingly diverse elements of our community, and peaceful process growth. The to contribute to a of local change and Council works to advocate, educative, advise and create cooperative networks of like-minded groups and government agencies, all in the service o members o All of the Co activities ar principle: should be tr and civility. difference, national o physical or mental ability, age anustify withholding a steady r4N!r ` dignity. courtesy ersonal dealings but also in all our civic, official and governmental roles and interactions. It is particularly important where it is most difficult —that is, in the institutional arenas where society defines, regulates and polices its members. To the degree that our key institutions fail in civility, we fail to be fully civilized. It is in light of this principle that the Human Relations Council works to foster dignified human relations and a public culture of civility. "People must learn to hate, and if they can learn to hate, they can be taught to love." Nelson Mandela The Human Relations Council accomplishes this by providing: • Information and support to organizations and individuals. • Cooperation with like-minded groups and government agencies. • Promotion of equal access to opportunities and better knowledge about difference • Help, advice and referrals to victims of discrimination or hate violence. "...a human and beautiful framework, created in a community, bonded not by color, sex or class, but by love and the common goal for the liberation of mind, heartand spirit." Merle Woo Phone 951-766-8659 x 224 Email: info@Immanrelationscouncil.com Website: twtiv.humanrelationsoouncil.com Human Relations Council of the Greater Hemet, San Jacinto and Menifee Regions YOU ARE INVITED TO OUR CET JR Ararau Saturday, April '4, 2009 �t1SJCsne"vprogram !• HRC's new project `.`First People's "The Shadow` of "One Survivor Remembers " Viva la Causa , the start "The Children's March", the story o rkshops: ias Education Assessment and Response"; ecent Developments; on Disability Issues"; and more ate the story o o f Cesar the youth M uslc/ PolynestanrvJazz Hip Hop; to�ry of Intolerance to Am erica 'i `Gerdy Weissmann, aNa i carrip_survivor haven and the"Farm worker's' struggle of &rrmingham,. •labama ivho refused to be silent 6.00PM.to8:00PM Te4ihAnnivi7s4.,iryi,A4nquet. Please help us hono.rourfounders and community service award recipients Hear our plans for tl:e future (I�ancrilon .. , i;I steel) . RSVP (951-766-8659 224j First Christian Church (corner of Acacia and Harvard) 200 E. Acacia, Hemet, CA Call 951-766-8659 x 224 or 951-634-4048 for more information. Our Mission Statement: To promote cooperation and positive human relations in the community! March 30, 2009 Mr. Habib Motlagh CITY OF SAN JACINTO 595 S. San Jacinto Avenue San Jacinto, CA 92583 transportation planning • traflingineering environmental engineering • parking studies Subject: City of San Jacinto Engineering and Traffic Survey Letter of Addendum Dear Mr. Motlagh: RK ENGINEERING GROUP, INC. (RK) is pleased to provide this Engineering and Traffic Survey for the roadway segment of Eagle Road between Ramona Expressway and Idyllwild Drive in the City of San Jacinto. This survey incorporates the speed surveys, traffic counts, and roadway evaluations that were utilized to make the recommendation. It should be noted that accident history report information will be available in the following weeks, and thus, have not been considered in the recommendation of speed limit for the roadway seg ment. Eagle Road Segment 39: Eagle Road is a collector street with a curb to curb width of 44 feet between Ramona Expressway and Idyllwild Drive. Currently, there is no posted speed limit along this roadway segment. The recommended speed limit is 30 mph due to the 85th percentile speed and 10 mile per hour pace speed. This letter of addendum summarizes our data collection, methodology, analysis, findings, and recommendations with respect to speed limit recommendations within the City of San Jacinto. As stated previously, accident history report information was not available during our survey, but will be available within the following weeks. Upon receipt of the accident history report information, RK may need to update the speed limit recommendation at Eagle Road between Ramona Expressway and Idyllwild Drive, based on collected data information from the accident history reports. RK riewpnrt heath corporate headquarters 99I rnacauthor boulevard, suite 310 newport beach, califfomia 92660 tel 949.474.0609 fax 949.474.0902 RK riverside rel 951.154.8500 fax 951.354.8501 www.rkengineer.com RK appreciates this opportunity to work with the City of San Jacinto on this important project. If you have any questions or if we can be of further assistance, please do not hesitate to call us at (949) 474-0809. Sincerely, RK ENGINEERING G Robert Kahn, P.E Principal Attachments No.0555 xp, 12/3110:9 RK: G K: rd RK77 65 2 JN: 0328-2008-09 Gene Kim, E.I.T. Engineer Table 1 Speed Survey Summary Loc. No. Roadway Segment Existing Speed Limit Recommended Speed Limit' (MPH) 85th Percentile Speed (MPH) 50th Percentile Speed (MPH) 10 mph Pace Speed (MPH) Percent Within 10 MPH Pace Reason for Change` 39 Eagle Road: Ramona Ltpres>sti , t d;;l:• 30 30 ?£ 21-3C Th33 3'031 PFV iT Lr IC ",iPt! a C SP_. G Speed trout not posted. March 30, 2009 Mr. Habib Motlagh CITY OF SAN JACINTO 595 S. San Jacinto Avenue San Jacinto, CA 92583 transpc)tation planning = traffic engineering environmental engineering • parking studies Subject: City of San Jacinto Engineering and Traffic Survey Letter of Addendum Dear Mr. Motlagh; RK ENGINEERING GROUP, INC. (RK) is pleased to provide this Engineering and Traffic Survey for the roadway segment of Eagle Road between Ramona Expressway and IdylIwild Drive in the City of San Jacinto. This survey incorporates the speed surveys, traffic counts, and roadway evaluations that were utilized to make the recommendation. It should be noted that accident history report information will be available in the following weeks, and thus, have not been considered in the recommendation of speed limit for the roadway seg ment. Eagle Road Segment 39: Eagle Road is a collector street with a curb to curb width of 44 feet between Ramona Expressway and IdylIwild Drive. Currently, there is no posted speed limit along this roadway segment. The recommended speed limit is 30 mph due to the 85th percentile speed and 10 mile per hour pace speed. This letter of addendum summarizes our data collection, methodology, analysis, findings, and recommendations with respect to speed limit recommendations within the City of San Jacinto. As stated previously, accident history report information was not available during our survey, but will be available within the following weeks. Upon receipt of the accident history report information, RK may need to update the speed limit recommendation at Eagle Road between Ramona Expressway and IdylIwild Drive, based on collected data information from the accident history reports. RK newport beach corporate headquarters 3991 macarther boulevard, suite 310 newport beach, california 92660 te1949_474.0809 fa::949.474.0902 RK riverside tel 951.354.8500 fax 95'1.334.8501 wv,w.rkengineer.com RK appreciates this opportunity to work with the City of San Jacinto on this important project. If you have any questions or if we can be of further assistance, please do not hesitate to call us at (949) 474-0809. Sincerely, RK ENGINEERING G Robert Kahn, P.E:', Principal Attachments No. O'v55 0 12/311 Exp. RK: GK: rd,/RK7165 2 JN:0328-2008 09 Gene Kim, E.I.T. Engineer Table 1 Speed Survey Summary Loc. No. Roadway Segment Existing Speed Limit Recommended Speed Limit' (MPH) 85th Percentile Speed (MPH) 50th Percentile Speed (MPH) 10 mph Pace Speed (MPH) Percent Within 10 MPH Pace Reason for Change2 39 Eagle Road: Ramond ExprEw:siq at kf11;s1d liSA 30 30 26 2 -30 159S 85TH pERCENTRIS 10 MPH PACE SPEED Bold ,nsT.ates a 0,.ar g speed 1,,11:[ Speed tMt rot pasted March 30, 2009 Mr. Habib Motlagh CITY OF SAN JACINTO 595 S. San Jacinto Avenue San Jacinto, CA 92583 transportation planning • traffic engineering envror ne?tal engineering • Barking studies Subject: City of San Jacinto Engineering and Traffic Survey Letter of Addendum Dear Mr. Motlagh: RK ENGINEERING GROUP, INC. (RK) is pleased to provide this Engineering and Traffic Survey for the roadway segment of Eagle Road between Ramona Expressway and Idyllwild Drive in the City of San Jacinto. This survey incorporates the speed surveys, traffic counts, and roadway evaluations that were utilized to make the recommendation. It should be noted that accident history report information will be available in the following weeks, and thus, have not been considered in the recommendation of speed limit for the roadway segment. Eagle Road Segment 39: Eagle Road is a collector street with a curb to curb width of 44 feet between Ramona Expressway and Idyllwild Drive. Currently, there is no posted speed limit along this roadway segment. The recommended speed limit is 30 mph due to the 85th percentile speed and 10 mile per hour pace speed. This letter of addendum summarizes our data collection, methodology, analysis, findings, and recommendations with respect to speed limit recommendations within the City of San Jacinto. As stated previously, accident history report information was not available during our survey, but will be available within the following weeks. Upon receipt of the accident history report information, RK may need to update the speed limit recommendation at Eagle Road between Ramona Expressway and Idyllwild Drive, based on collected data information from the accident history reports. RK newport beach corporate headquarters 3991 macarthur boulevard. suite 310 newport beach, calnornia 92660 (el 919.474.09(19 fax 949.474.0902 RK riverside lei 951354.13 00 fax 951.354.11501 www.rkengineer.com RK appreciates this opportunity to work with the City of San Jacinto on this important project. If you have any questions or if we can be of further assistance, please do not hesitate to call us at (949) 474-0809. Sincerely, RK ENGINEERING G 1 \( Robert Kahn, P.E`5.; Principal Attachments RK.:GK: rdRK7165 2 A. 0328-2008-09 Gene Kim, E.I.T. Engineer Table 1 Speed Survey Summary Loc No. Roadway Segment Existing Speed Limit Recommended Speed Limit' (MPH) 85th Percentile Speed (MPIi) 50th Percentile Speed (MPH) 10 mph Pace Speed (MPH) Percent Within 10 MPH Pace Reason for Change` 39 Eagle Road: Ramcra xpressti:. td N.A 30 39 25 21-3D it-% IR PE L[, 10 MPH NCL �PEEr.3 March 30, 2009 Mr. Habib Motlagh CITY OF SAN JACINTO 595 5. San Jacinto Avenue San Jacinto, CA 92583 transportation planning • traffic engineering environmental engineering • harking studies Subject: City of San Jacinto Engineering and Traffic Survey Letter of Addendum Dear Mr. Motlagh: RK ENGINEERING GROUP, INC. (RK) is pleased to provide this Engineering and Traffic Survey for the roadway segment of Eagle Road between Ramona Expressway and Idyllwild Drive in the City of San Jacinto. This survey incorporates the speed surveys, traffic counts, and roadway evaluations that were utilized to make the recommendation. It should be noted that accident history report information will be available in the following weeks, and thus, have not been considered in the recommendation of speed limit for the roadway segment. Eagle Road Segment 39: Eagle Road is a collector street with a curb to curb width of 44 feet between Ramona Expressway and Idyllwild Drive. Currently, there is no posted speed limit along this roadway segment. The recommended speed limit is 30 mph due to the 85th percentile speed and 10 mile per hour pace speed. This letter of addendum summarizes our data collection, methodology, analysis, findings, and recommendations with respect to speed limit recommendations within the City of San Jacinto. As stated previously, accident history report information was not available during our survey, but will be available within the following weeks. Upon receipt of the accident history report information, RK may need to update the speed limit recommendation at Eagle Road between Ramona Expressway and Idyllwild Drive, based on collected data information from the accident history reports. RK newport beach corporate headquarters 3991 rmcarthur boulevard, suite 310 newport beach, california 92660 iel 049.4 4.0809 fax 949.474.0902 RK riverside tel 95 i.154.8300 lax 951.354.8501 www.rkengineer.cum RK appreciates this opportunity to work with the City of San Jacinto on this important project. If you have any questions or if we can be of further assistance, please do not hesitate to call us at (949) 474-0809. Sincerely, RK ENGINEERING G Robert Kahn, P.E t, P Gene Kim, E.I.T. Principal t4 T �% Engineer Attachments RK: GK, : rdiRK7165 2 IN:0328-2008-09 Table 1 Speed Survey Summary Loc. No. Roadway Segment Existing Speed Limit Recommended Speed Limit' (MPH) 85th percentile Speed (MPH) 50th Percentile Speed (MPH) 10 mph Pace Speed (MPH) Percent Within 10 MPH Pace Reason for Change 39 Eagle Road: Ramona Es.r,. s>.'aai 71 31y11)3119 r3r;r 30 3i) 3g 21-30 750 85TH PERCENTILE, 0 MPH PA SPEED 'told rt'dat_s ,t.aa:.n.•!r. si ' Speed I rod not posted _:>8O INDIAN WELLS (760) 568-2611 IRVINE (949) 263-2600 LOS ANGELES (213) 617-8100 ON TARIO (909) 989-8584 Jeffrey S. Ballinger (909) 483-6644 jell. ballinger®bbklaw.com 24438.00000 TO: BEST BEST & KRIEGER ATTORNEYS AT LAW One Corporate Plaza 3500 Porsche Way, Suite 200 Ontario, California 91764 (909) 989-8584 (909) 944-1441 Fax BBKlaw.com DATE: April 2, 2009 SACRAMENTO (916) 325-4000 SAN DIEGO (619) 525-1300 WALNUT CREEK (925) 977-3300 VIA HAND DELIVERY Debbie Vickery, Administrative Assistant City of San Jacinto P.O. Box 488 San Jacinto, CA 92581 Enclosures: Signed Land Maintenance Agreement by and between the City of San Jacinto and West San Jacinto Congregation of Jehovah's Witnesses, Inc. For your information. _ For your files. Please review. _ Please sign and return. Please telephone me. x Other: Approved by Jeffrey Ballinger, City Attorney. Thank you! Enclosures x In accordance with your request. Please call to make an appointment. Please pay creditor. Please file and return conformed copy. Your IMMEDIATE attention is necessary. Very truly yours, Andrea Ring, Secretary to Jeffrey Ballinger for Best Best & Krieger LLP RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: MRUNAL MEHTA SHAH BEST BEST & KRIEGER LLP 3750 UNIVERSITY AVENUE, SUITE 400 RIVERSIDE, CALIFORNIA 92502 (Space Above for Recorder's Use) No recording fee pursuant to Gov. Code §6103 LANDSCAPE MAINTENANCE AGREEMENT THIS LANDSCAPE MAINTENANCE AGREEMENT (this "Agreement") is made and entered into this 2nd day of February, 2009, by and between the CITY OF SAN JACINTO (the "City") and WEST SAN JACINTO CONGREGATION OF JEHOVAH'S WITNESSES, INC. a California Corporation ("Owner"). RECITALS WHEREAS, Owner is a [non-profit organization] which proposes to develop certain real property known as Assessor's Parcel No. 434-040-039 located in the City and within the boundaries of the County of Riverside ("County"), which real property is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"), into a church; and WHEREAS, as a condition of development of the Property, Owner must annex the Property into the Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("LLPD"), pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500 of Division 15 of the Streets and Highways Code); and WHEREAS, the LLPD allows the City to finance the installation, operation, maintenance and/or servicing of street lights, traffic signals, graffiti removal, landscaping, drainage facilities and any improvements appurtenant thereto within new development; and WHEREAS, as a condition of development of the Property, Owner must install certain exterior Landscape improvements (the "Improvements"), as set forth in Exhibit "B" attached hereto and incorporated herein by this reference; and Page I of 5 WHEREAS, in most developments, the exterior landscape improvements are maintained by LLPD and as such the development must install a separate water meter, including a controller, (the "Meter"), as specified in Exhibit "C" attached hereto and incorporated herein by this reference, for those areas that are maintained by the LLPD; and WHEREAS, Owner desires to maintain the Improvements at its own expense and has requested that the City not require Owner to install the Meter; and WHEREAS, the City desires to permit Owner to maintain the Improvements at its own expense and without the installation of the Meter based upon certain conditions, covenants and restrictions set forth in this Agreement. NOW, THEREFORE, based upon the mutual promises contained herein, and for good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed by and between the City and Owner as follows: AGREEMENT 1. Owner Maintenance. The City hereby agrees to allow Owner to maintain the Improvements at its own expense. 2. City Agreement. The City waives the installation of the Meter provided that the obligations of Owner set forth in Paragraph 3 below are satisfied. The City shall not commence the levy of special assessments pursuant to the LLPD provided that the conditions set forth in Paragraph 3 below are satisfied. 3. Owner Obligations. Owner hereby agrees to the following conditions, covenants and restrictions: a. Owner shall annex the Property into the LLPD prior to the issuance of a certificate of occupancy by the City; and b. Owner shall maintain the Improvements in accordance with all rules, regulations and ordinances of the City, including but not limited to Municipal Code Section 8.44.050; and c. At least sixty (60) days prior to the sale of the Property, Owner shall notify the City in writing of the sale of the Property. Not later than forty five (45) days prior to the close of escrow, Owner shall obtain from the City the sum of the purchase and installation of the Meter or comparable water meter as determined in the sole discretion of the City. Such amount shall be deposited in escrow for payment to the City upon the sale of the Property no later than thirty (30) days prior to the close of escrow. Owner shall direct the escrow officer to send a statement confirming the deposit of the amount necessary to finance the purchase and installation of the Meter. The City shall be entitled to install the Meter and commence the levy of special assessment upon receipt of the notice of sale. Page 2 of 5 d. If the Owner fails to maintain the Improvements in accordance with subparagraph 3.b. above, the City shall install the Meter or comparable water meter as determined in the sole discretion of the City and immediately commence the levy of special assessments of the LLPD within the Property. The cost of the purchase and installation of the Meter shall be assessed to the Property by the LLPD in equal amounts over five years. 4. Time. Time is of the essence of this Agreement and of each and every term, provision and condition hereof. 5. General. This Agreement may only be amended by a subsequent written agreement signed on behalf of the parties or their successors or assigns. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. This Agreement shall be construed in accordance with and governed by the Constitution and laws of the State of California. The captions of the Sections of this Agreement are provided for convenience only, and shall not have any bearing on the interpretation of any Section hereof. This Agreement may be executed in several counterparts, each of which shall be an original of the same Agreement. 6. Notice. Any notice sent pursuant to this Agreement shall be personally delivered to the appropriate address designated below, or delivered by registered or certified mail, postage prepaid and return receipt requested: CITY: OWNER: City of San Jacinto 595 S. San Jacinto Ave., Building B San Jacinto, CA 92583 Telephone: (951) 487-7330 Attention: Special District Administrator WEST SAN JACINTO CONGREGATION OF JEHOVAH'S WITNESSES, INC. 1110 N. DeAnza San Jacinto, CA 92583 Telephone: 951-764-7757 Attention: Max Marciel Delivery shall be deemed completed (i) upon delivery to the appropriate address during business hours, or (ii) upon receipt as indicated on the return receipt if by certified or registered mail. 7. Severability. If any non -material provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining portions hereof shall not, in any way, be affected or impaired thereby. 8. Superseding Effect. This Agreement represents the entire agreement of the parties hereto as to the matters contained herein, and supersedes any and all other agreements, Page 3 of 5 whether oral or written, between the parties pertaining to maintenance of the Improvements and installation of the Meter. 9. Attorneys' Fees. In the event any action or proceeding is commenced, including arbitration or a reference pursuant to Code of Civil Procedure Section 638, et seq., by one party against the other under this Agreement, the prevailing party shall be entitled to recover all costs and expenses, including the actual fees of its attorneys incurred for prosecution, defense, consultation, or advice in such action or proceeding. In addition to the foregoing award of attorneys' fees to the prevailing party, the prevailing party in any lawsuit relating to this Agreement shall be entitled to its attorneys' fees incurred in any post judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement. 10. Recordation. The City shall have the right to record a copy of this Agreement in the Official Records of the Recorder for the County of Riverside. 11. Authorization. The persons executing this Agreement represent and agree that they have full authorization to execute this Agreement on behalf of the parties hereto and bind such parties to the rights and obligations contained herein. 12. Interpretation. The parties hereto acknowledge and agree that each has been given the opportunity to review this Agreement with legal counsel independently and/or has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions hereto. In the event of ambiguity in or dispute regarding the interpretation of same, the provisions of this Agreement shall not be resolved by any rule of document construction providing for interpretation against the party who causes the uncertainty to exist or against the City as the draftsmen. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 4 of 5 IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the date first above written. APPROVED AS TO FORM: BEST BEST & EGER City Attorney "CITY" CITY OF SAN JACINTO By: +° f BarryClellan, City Manager "OWNER" WEST SAN JACINTO CONGREGATION OF JEHOVAH'S WITNESSES, INC. By: Name: Title: Page 5 of 5 EXHIBIT "A" DESCRIPTION OF PROPERTY That property located in the County of Riverside, State of California, identified as Riverside County Assessor's Parcel No. 434-040-039. A-1 EXHIBIT "B" DESCRIPTION OF IMPROVEMENTS All landscape and irrigation improvements, as set forth on the approved landscape plans filed with the City of San Jacinto, which are located along De Anza Drive and Palm Avenue Parkway. B-1 EXHIBIT C SPECIFICATIONS FOR CALSENSE CONTROLLER AND FLOW METER 1. Controllers All controllers shall have the following specifications and capabilities: a. [Manufactured by Calsense, model ET2000e] and shall be installed per manufacturer's specifications, and as specified herein. b. The controller shall have flow management capability as a standard feature whereas the controller shall team each station's expected GPM flow rate automatically at night over several irrigations, and use the mainline GPM capacity programmed, to operate up to four (4) valves at the same time plus the master valve to shorten the water window. c. Alerts shall be able to be processed and responded to at both the field controller location and at the Central Computer location. d. Radio Remote receiver board, (model—RRe) shall be built-in the controller and a hand-held radio remote transmitter (model RRe-TRAN) will be supplied so that the end user can trouble shoot valves remotely without having to go the controller itself. The hand-hetd transmitter shall display operational information such as valve on, gallon per minute flow rate and electrical draw in amps. e. The field controller(s) shall use local radio in the 450-470 MHz range. The field controllers shall be capable of directly receiving, storing, and operating commands downloaded from the central computer. 2. Controller Enclosures a. The enclosure shall be of a vandal and weather resistant nature manufactured entirety of 304-grade stainless steel, and the top shall be 12 gauge and the body 14 gauge. The main housing shall be louvered upper and lower body to allow for cross flow ventilation. A stainless steel backboard shall be provided for the purpose of mounting electronic and various other types of equipment. The backboard shall be mounted on four stainless steel bolts that will allow for removal of the backboard. b. The 38-inch height with flip top shall provide easy access for programming from a standing position under normal installations. c. The pre -assembled vandal resistant enclosure by Calsense shall come complete with lightning and surge protection and all terminals shall be factory labeled. The pre -assembled enclosure shall come provided with an On/Off switch to isolate the controller along with a GFI receptacle. An optional radio antenna shall be pre -mounted and connected on SSE-R enclosure. The enclosure shall include 2- 7/8", 1-1/2" thick, 6-pin cylinder, die-cast steel padlock with unique shackles design. d. Factory pre -assembled enclosure with controller shall carry a full UL listing. e. The enclosure and Calsense installed equipment within shall carry a ten (10) year warranty. 3. Flow Meters a The Calsense Model FM flow meter shall use two #14 AVM; one red, and one black in 1°PVC conduit to connect to the irrigation controller. The maximum wire run between flow meter and controller shall be 2000 ft The flow meter shall send low voltage digital pulses back to the controller and therefore all electrical connections must be waterproof and shall resist any moisture entry. b. It is intended that all wire runs between the controller roler and flow meter shall be direct pulls and shall have no splices. If wire splices are unavoidable, they shall be installed in a valve box with Spears DS-100 connectors with Spears sealant or 3M Scotchlok No. 3570 connector sealing pack used, with valve boxes properly labeled. Note: Contact controller manufacturer for exact specifications to ensure proper flow monitoring and communications to central computer. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On =' ? before me, , a Notary Public, personally appeared ' ,-.'o r t i== basis of satisfactory evidence to be the person s) whose name(s)`s/are subscribed to the within instrument and acknowledged to me that h/she/they executed the same inWs/her/their authorized capacity(iis), and that by,lus/her/their signatures)" on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. , who proved to me on the RACHEL AN Commission +Y 1 Notary Public - California Riverside County y Comm. Expires Aug 7, 201 (Seal) STATE OF CALIFORNIA COUNTY OF On before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: MRUNAL MEPITA SHAH BEST BEST & KRIEGER LLP 3750 UNIVERSITY AVENUE, SUITE 400 RIVERSIDE, CALIFORNIA 92502 (Space Above for Recorder's Use) No recording fee pursuant to Gov. Code §6103 LANDSCAPE MAINTENANCE AGREEMENT THIS LANDSCAPE MAIN PENANCE AGREEMENT (this "Agreement") is made and entered into this 2" day of February, 2009, by and between the CITY OF SAN JACINTO (the "City") and WEST SAN JACINTO CONGREGATION OF JEHOVAH'S WITNESSES, INC. a California Corporation ("Owner"). RECITALS WHEREAS, Owner is a [non-profit organization] which proposes to develop certain real property known as Assessor's Parcel No. 434-040-039 located in the City and within the boundaries of the County of Riverside ("County"), which real property is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"), into a church; and WHEREAS, as a condition of development of the Property, Owner must annex the Property into the Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("LLPD"), pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500 of Division 15 of the Streets and Highways Code); and WHEREAS, the LLPD allows the City to finance the installation, operation, maintenance and/or servicing of street lights, traffic signals, graffiti removal, landscaping, drainage facilities and any improvements appurtenant thereto within new development; and WHEREAS, as a condition of development of the Property, Owner must install certain exterior landscape improvements (the "Improvements"), as set forth in Exhibit "B" attached hereto and incorporated herein by this reference; and Page 1 of 5 WHEREAS, in most developments, the exterior landscape improvements are maintained by LLPD and as such the development must install a separate water meter, including a controller, (the "Meter"), as specified in Exhibit "C" attached hereto and incorporated herein by this reference, for those areas that are maintained by the LLPD; and WHEREAS, Owner desires to maintain the Improvements at its own expense and has requested that the City not require Owner to install the Meter; and WHEREAS, the City desires to permit Owner to maintain the Improvements at its own expense and without the installation of the Meter based upon certain conditions, covenants and restrictions set forth in this Agreement. NOW, THEREFORE, based upon the mutual promises contained herein, and for good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed by and between the City and Owner as follows: AGREEMENT 1. Owner Maintenance. The City hereby agrees to allow Owner to maintain the Improvements at its own expense. 2. City Agreement. The City waives the installation of the Meter provided that the obligations of Owner set forth in Paragraph 3 below are satisfied. The City shall not commence the levy of special assessments pursuant to the LLPD provided that the conditions set forth in Paragraph 3 below are satisfied. 3. Owner Obligations. Owner hereby agrees to the following conditions, covenants and restrictions: a. Owner shall annex the Property into the LLPD prior to the issuance of a certificate of occupancy by the City; and b. Owner shall maintain the Improvements in accordance with all rules, regulations and ordinances of the City, including but not limited to Municipal Code Section 8.44.050; and c. At least sixty (60) days prior to the sale of the Property, Owner shall notify the City in writing of the sale of the Property. Not later than forty five (45) days prior to the close of escrow, Owner shall obtain from the City the sum of the purchase and installation of the Meter or comparable water meter as determined in the sole discretion of the City. Such amount shall be deposited in escrow for payment to the City upon the sale of the Property no later than thirty (30) days prior to the close of escrow. Owner shall direct the escrow officer to send a statement confirming the deposit of the amount necessary to finance the purchase and installation of the Meter. The City shall be entitled to install the Meter and commence the levy of special assessment upon receipt of the notice of sale. Page 2 of 5 d. If the Owner fails to maintain the Improvements in accordance with subparagraph 3.b. above, the City shall install the Meter or comparable water meter as determined in the sole discretion of the City and immediately commence the levy of special assessments of the LLPD within the Property. The cost of the purchase and installation of the Meter shall be assessed to the Property by the LLPD in equal amounts over five years. 4. Time. Time is of the essence of this Agreement and of each and every term, provision and condition hereof. 5. General. This Agreement may only be amended by a subsequent written agreement signed on behalf of the parties or their successors or assigns. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. This Agreement shall be construed in accordance with and governed by the Constitution and laws of the State of California. The captions of the Sections of this Agreement are provided for convenience only, and shall not have any bearing on the interpretation of any Section hereof. This Agreement may be executed in several counterparts, each of which shall be an original of the same Agreement. 6. Notice. Any notice sent pursuant to this Agreement shall be personally delivered to the appropriate address designated below, or delivered by registered or certified mail, postage prepaid and return receipt requested: CITY: OWNER: City of San Jacinto 595 S. San Jacinto Ave., Building B San Jacinto, CA 92583 Telephone: (951) 487-7330 Attention: Special District Administrator WEST SAN JACINTO CONGREGATION OF JEHOVAH'S WITNESSES, INC. 1110 N. DeAnza San Jacinto, CA 92583 Telephone: 951-764-7757 Attention: Max Marcie' Delivery shall be deemed completed (i) upon delivery to the appropriate address during business hours, or (ii) upon receipt as indicated on the return receipt if by certified or registered mail. 7. Severability. If any non -material provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining portions hereof shall not, in any way, be affected or impaired thereby. 8. Superseding Effect. This Agreement represents the entire agreement of the parties hereto as to the matters contained herein, and supersedes any and all other agreements, Page 3 of 5 whether oral or written, between the parties pertaining to maintenance of the Improvements and installation of the Meter. 9. Attorneys' Fees. In the event any action or proceeding is commenced, including arbitration or a reference pursuant to Code of Civil Procedure Section 638, et seq., by one party against the other under this Agreement, the prevailing party shall be entitled to recover all costs and expenses, including the actual fees of its attorneys incurred for prosecution, defense, consultation, or advice in such action or proceeding. In addition to the foregoing award of attorneys' fees to the prevailing party, the prevailing party in any lawsuit relating to this Agreement shall be entitled to its attorneys' fees incurred in any post judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement. 10. Recordation. The City shall have the right to record a copy of this Agreement in the Official Records of the Recorder for the County of Riverside. 11. Authorization. The persons executing this Agreement represent and agree that they have full authorization to execute this Agreement on behalf of the parties hereto and bind such parties to the rights and obligations contained herein. 12. Interpretation. The parties hereto acknowledge and agree that each has been given the opportunity to review this Agreement with legal counsel independently and/or has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions hereto. In the event of ambiguity in or dispute regarding the interpretation of same, the provisions of this Agreement shall not be resolved by any rule of document construction providing for interpretation against the party who causes the uncertainty to exist or against the City as the draftsmen. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 4 of 5 IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the date first above written. APPROVED AS TO FORM: City Attorney "CITY" CITY OF SAN JACINTO By: a.1k cClellan, City Manager "OWNER" WEST SAN JACINTO CONGREGATION OF JEHOVAH'S WITNESSES, INC. By: Name: Title: Page 5 of 5 EXHIBIT "A" DESCRIPTION OF PROPERTY That property located in the County of Riverside, State of California, identified as Riverside County Assessor's Parcel No. 434-040-039. A-1 EXHIBIT "B" DESCRIPTION OF IMPROVEMENTS All landscape and irrigation improvements, as set forth on the approved landscape plans filed with the City of San Jacinto, which are located along De Anza Drive and Palm Avenue Parkway. B-1 EXHIB/ T C SPECIFICATIONS FOR CALSENSE CONTROLLER AND FLOW METER 1. Controllers AU controllers shall have the following specifications and capabilities: a. (Manufactured by Calsense, model ET2000e] and shall be installed per manufacturer's specifications, and as specified herein. b. The controller shall have flow management capability as a standard feature whereas the controller shall team each station's expected GPM flow rate automatically at night over several irrigations, and use the mainline GPM capacity programmed, to operate up to four (4) valves at the same time plus the master valve to shorten the water *Mow. c. Alerts shall be able to be processed and responded to at both the field controller location and at the Central Computer location. d. Radio Remote receiver board, (model-RRe) shall be built-in the controller and a hand-held radio remote transmitter (model RRe-TRAN) will be supplied so that the end user can trouble shoot valves remotely without having to go the controller itself. The hand-held transmitter shall display operational information such as valve on, gallon per minute flow rate and electrical draw in amps. e. The field controller(s) shalt use local radio in the 450-470 MHz range. The field controllers shall be capable of directly receiving, storing, and operating commands downloaded from the central computer. 2. Controller Enclosures a. The enclosure shall be of a vandal and weather resistant nature manufactured entirely of 304-grade stainless steel, and the top shall be 12 gamer ge and the body 14 gauge. The main housing shall be louvered upper and lower body to allow for cross flow ventilation. A stainless steel backboard shall be provided for the purpose of mounting electronic and various other types of equipment. The backboard shall be mounted on four stainless steel bolts that will allow for removal of the backboard. b. The 38-inch height with flip top shall provide easy access for programming from a standing position under nomnal installations. c. The pre -assembled vandal resistant enclosure by Calsense shall come complete with lightning and surge protection and all temtinals shall be factory labeled. The pre -assembled enclosure shall come provided with an On/Off switch to isolate the controller along with a GFI receptade. An optional radio antenna shall be pre -mounted and connected on SSE R enclosure. The enclosure shall include 2- 7/8°, 1-1/2" thick, 6-pin cylinder, die-cast steel padlock with unique shackles design. d. Factory pre assembled enclosure with controller shall carry a full UL listing. e. The enclosure and Calsense installed equipment within shall carry a ten (10) year warranty. 3. Flow Meters a. The Calsense Model FM flow meter shad use two #14 AWG; one red, and one black in VPVC conduit to connect to the irrigation controller. The maximum wire run between flow rneter and controller shati be 2000 ft The flow meter shall send low voltage digital pulses back to the controller and therefore all electrical connections must be waterproof and shall resist any moisture entry. b. It is intended that all wire runs between the controller and flow meter shall be direct pulls and shall have no splices. If wire splices are unavoidable, they shall be installed in a valve box with Spears DS-100 connectors with Spears sealant or 3M Scotchlok No. 3570 connector sealing pack used, with valve boxes property labeled. Note: Contact controller manufacturer for exact specifications to ensure proper flow monitoring and communications to central computer. STATE OF CALIFORNIA COUNTY OF On L C `) before me, , 'qt, ! ,n n f':e t Le , a Notary Public, personally appeared ` k,,. i )o, , who proved to me on the basis of satisfactory evidence to be the persons) whose names)/are subscribed to the within instrument and acknowledged to me that j efshe/they executed the same in (his/her/their authorized capacity(iss), and that bythis/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. RACHEL ANN PIERCE Commission * 18 Notary Public - Cstitomis Riverside County My Comm. Expires Aug 7, 20121 (Seal) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On before me, , a Notary Public. personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: MRUNAL MEHTA SHAH BEST BEST & KRIEGER LLP 3750 UNIVERSITY AVENUE, SUI I'E 400 RIVERSIDE, CALIFORNIA 92502 (Space Above for Recorder's Use) No recording fee pursuant to Gov. Code §6103 LANDSCAPE MAINTENANCE AGREEMENT THIS LANDSCAPE MAINTENANCE AGREEMENT (this "Agreement") is made and entered into this 2nd day of February, 2009, by and between the CITY OF SAN JACINTO (the "City") and WEST SAN JACINTO CONGREGATION OF JEHOVAH'S WITNESSES, INC. a California Corporation ("Owner"). RECITALS WHEREAS, Owner is a [non-profit organization] which proposes to develop certain real property known as Assessor's Parcel No. 434-040-039 located in the City and within the boundaries of the County of Riverside ("County"), which real property is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"), into a church; and WHEREAS, as a condition of development of the Property, Owner must annex the Property into the Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("LLPD"), pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500 of Division 15 of the Streets and Highways Code); and WHEREAS, the LLPD allows the City to finance the installation, operation, maintenance and/or servicing of street lights, traffic signals, graffiti removal, landscaping, drainage facilities and any improvements appurtenant thereto within new development; and WHEREAS, as a condition of development of the Property, Owner must install certain exterior landscape improvements (the "Improvements"), as set forth in Exhibit "B" attached hereto and incorporated herein by this reference; and Page 1 of 5 WHEREAS, in most developments, the exterior landscape improvements are maintained by LLPD and as such the development must install a separate water meter, including a controller, (the "Meter"), as specified in Exhibit "C" attached hereto and incorporated herein by this reference, for those areas that are maintained by the LLPD; and WHEREAS, Owner desires to maintain the Improvements at its own expense and has requested that the City not require Owner to install the Meter; and WHEREAS, the City desires to permit Owner to maintain the Improvements at its own expense and without the installation of the Meter based upon certain conditions, covenants and restrictions set forth in this Agreement. NOW, THEREFORE, based upon the mutual promises contained herein, and for good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed by and between the City and Owner as follows: AGREEMENT 1. Owner Maintenance. The City hereby agrees to allow Owner to maintain the Improvements at its own expense. 2. City Agreement. The City waives the installation of the Meter provided that the obligations of Owner set forth in Paragraph 3 below are satisfied. The City shall not commence the levy of special assessments pursuant to the LLPD provided that the conditions set forth in Paragraph 3 below are satisfied. 3. Owner Obligations. Owner hereby agrees to the following conditions, covenants and restrictions: a. Owner shall annex the Property into the LLPD prior to the issuance of a certificate of occupancy by the City; and b. Owner shall maintain the Improvements in accordance with all rules, regulations and ordinances of the City, including but not limited to Municipal Code Section 8.44.050; and c. At least sixty (60) days prior to the sale of the Property, Owner shall notify the City in writing of the sale of the Property. Not later than forty five (45) days prior to the close of escrow, Owner shall obtain from the City the sum of the purchase and installation of the Meter or comparable water meter as determined in the sole discretion of the City. Such amount shall be deposited in escrow for payment to the City upon the sale of the Property no later than thirty (30) days prior to the close of escrow. Owner shall direct the escrow officer to send a statement confirming the deposit of the amount necessary to finance the purchase and installation of the Meter. The City shall be entitled to install the Meter and commence the levy of special assessment upon receipt of the notice of sale. Page 2 of 5 d. If the Owner fails to maintain the Improvements in accordance with subparagraph 3.b. above, the City shall install the Meter or comparable water meter as determined in the sole discretion of the City and immediately commence the levy of special assessments of the LLPD within the Property. The cost of the purchase and installation of the Meter shall be assessed to the Property by the LLPD in equal amounts over five years. 4. Time. Time is of the essence of this Agreement and of each and every teen, provision and condition hereof. 5. General. This Agreement may only be amended by a subsequent written agreement signed on behalf of the parties or their successors or assigns. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. This Agreement shall be construed in accordance with and governed by the Constitution and laws of the State of California. The captions of the Sections of this Agreement are provided for convenience only, and shall not have any bearing on the interpretation of any Section hereof. This Agreement may be executed in several counterparts, each of which shall be an original of the same Agreement. 6. Notice. Any notice sent pursuant to this Agreement shall be personally delivered to the appropriate address designated below, or delivered by registered or certified mail, postage prepaid and return receipt requested: CITY: OWNER: City of San Jacinto 595 S. San Jacinto Ave., Building B San Jacinto, CA 92583 Telephone: (951) 487-7330 Attention: Special District Administrator WEST SAN JACINTO CONGREGATION OF JEHOVAH'S WITNESSES, INC. 1110 N. DeAnza San Jacinto, CA 92583 Telephone: 951-764-7757 Attention: Max Marciel Delivery shall be deemed completed (i) upon delivery to the appropriate address during business hours, or (ii) upon receipt as indicated on the return receipt if by certified or registered mail. 7. Severability. If any non -material provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining portions hereof shall not, in any way, be affected or impaired thereby. 8. Superseding Effect. This Agreement represents the entire agreement of the parties hereto as to the matters contained herein, and supersedes any and all other agreements, Page 3 of 5 whether oral or written, between the parties pertaining to maintenance of the Improvements and installation of the Meter. 9. Attorneys' Fees. In the event any action or proceeding is commenced, including arbitration or a reference pursuant to Code of Civil Procedure Section 638, et seq., by one party against the other under this Agreement, the prevailing party shall be entitled to recover all costs and expenses, including the actual fees of its attorneys incurred for prosecution, defense, consultation, or advice in such action or proceeding. In addition to the foregoing award of attorneys' fees to the prevailing party, the prevailing party in any lawsuit relating to this Agreement shall be entitled to its attorneys' fees incurred in any post judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement. 10. Recordation. The City shall have the right to record a copy of this Agreement in the Official Records of the Recorder for the County of Riverside. 11. Authorization. The persons executing this Agreement represent and agree that they have full authorization to execute this Agreement on behalf of the parties hereto and bind such parties to the rights and obligations contained herein. 12. Interpretation. The parties hereto acknowledge and agree that each has been given the opportunity to review this Agreement with legal counsel independently and/or has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions hereto. In the event of ambiguity in or dispute regarding the interpretation of same, the provisions of this Agreement shall not be resolved by any rule of document construction providing for interpretation against the party who causes the uncertainty to exist or against the City as the draftsmen. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 4 of 5 IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the date first above written. APPROVED AS TO FORM: 3 BET BEST & KRI GER City Attorney "CITY" CITY OF SAN JACINTO By: Barry1cClellan, City Manager "OWNER" WEST SAN JACINTO CONGREGATION OF JEHOVAH'S WITNESSES, INC. By: Name: I Title: Page 5 of 5 EXHIBIT "A" DESCRIPTION OF PROPERTY That property located in the County of Riverside, State of California, identified as Riverside County Assessor's Parcel No. 434-040-039. A-1 EXHIBIT "B" DESCRIPTION OF IMPROVEMENTS All landscape and irrigation improvements, as set forth on the approved landscape plans filed with the City of San Jacinto, which are located along De Anza Drive and Palm Avenue Parkway. B-1 EXHIBIT C SPECIFICATIONS FOR CALSENSE CONTROLLER AND FLOW METER 1. Controllers All controllers shall have the following specifications and capabilities: a. (Manufactured by Ca[sense, model ET2000e) and shall be installed per manufacturer's specifications, and as specified herein. b. The controller shall have flow management capability as a standard feature whereas the controller shall team each station's expected GPM flow rate automatically at night over several irrigations, and use the mainline GPM capacity programmed, to operate up to four (4) valves at the same time plus the master valve to shorten the water waidow. c. Alerts shall be able to be processed and responded to at both the field controller location and at the Central Computer location. d. Radio Remote receiver board, (mode(-RRe) shall be built-in the controller and a hand-held radio remote transmitter (model RRe-TRAN) will be supplied so that the end user can trouble shoot valves remotely without having to go the controller itself The hand-held transmitter shall display operational information such as valve on, gallon per minute flow rate and electrical draw in amps. e. The field controlter(s) shall use Local radio in the 450-470 MHz range. The field controllers shall be capable of directly receiving, storing, and operating commands downloaded from the central computer. 2. Controller Enclosures a. The enclosure shall be of a vandal and weather resistant nature manufactured entirely of 304-grade stainless steel, and the top shall be 12 gauge and the body 14 gauge. The main housing shall be louvered upper and lower body to allow for cross flow ventilation. A stainless steel backboard shalt be provided for the purpose of mounting electronic and various other types of equipment. The backboard shall be mounted on four stainless steel bolts that will allow for removal of the backboard. b. The 38-inch height with flip top shall provide easy access for programming from a standing position under normal installations. c. The pre -assembled vandal resistant enclosure by Calsense shall come complete with lightning and surge protection and all terminals shall be factory labeled. The pre -assembled enclosure shall come provided with an QnlOff switch to isolate the controller along with a GFI receptacle. An optional radio antenna shall be pre -mounted and connected on SSE-R enclosure. The enclosure shall include 2- 7/8", 1-1/2" thick, 6-pin cylinder, die-cast steel padlock with unique shackles design. d. Factory pre -assembled enclosure with controller shall carry a full UL listing. e. The enclosure and Calsense installed equipment within shall carry a ten (10) year warranty. 3. Flow Meters a. The Calsense Model FM flow meter shalt use two *14 AWG; one red, and one black in 1 "PVC conduit to connect to the irrigation controller. The maximum wire run between flow meter and controller shaft be 2000 It The tow meter shall send low voltage digital pulses back to the controller and therefore al! electrical connections must be waterproof and shall resist any moisture entry. b. It is intended that all wire runs between the contro$er and flow meter shall be direct pulls and shall have no splices_ If wire splices are unavoidable, they shall be installed in a valve box with Spears DS-100 connectors with Spears sealant or 3M Scotchlok No. 3570 connector sealing pack used, with valve boXes property labeled. Note: Contact controller manufacturer for exact specifications to ensure proper flow monitoring and communications to central computer. STAI'E OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On 3 0 -- 9 before me, , a Notary Public, personally appeared c'd}r n , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. RACHEit \. Commission # tsry Public - C M Comm. res RACHEL ANN PIERCE Commission # 1808589 Notary Public - Callfornls Riverside County Comm. Expires Aug 7, 20 STATE OF CALIFORNIA COUNTY OF On before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Dorothy Chouinard From: Claudia Maunz Sent: Tuesday, March 31, 2009 10:50 AM To: Dorothy Chouinard Cc: Rick Miller Subject: FW: Conditional Use Permit Amendment 4-92 Claudia Maunz Executive Assistant City Manager's Office City of San Jacinto ph. 951-487-7342 From: Barry McClellan Sent: Tuesday, March 31, 2009 10:19 AM To: Claudia Maunz Subject: Re: Conditional Use Permit Amendment 4-92 Pls forward to Dorothy. Tx From: Claudia Maunz To: Barry McClellan Sent: Tue Mar 31 09:55:02 2009 Subject: FW: Conditional Use Permit Amendment 4-92 Hi Barry, FYI Claudia From: Donald Britt [mailto:drvb38@earthlink.net] Sent: Monday, March 30, 2009 5:43 PM To: Info Subject: Conditional Use Permit Amendment 4-92 Page 1 of 2 LOpL'es t(Lc, Pc( CL .ivIA_L baoII // I am writing on behalf of the Amendment 4-92 to be heard on April 2, 2009. I have been a La Vista volunteer for over 10 years, past president of the board and board member. As a California licensed clinical therapist and addiction specialist, I take great pride that we have in Southern California a place such as LaVista for the excellent care it provides to women in a small community. While La Vista has a statewide reputation for the quality of its care, I know the board, executive director and staff have worked diligently to be part of the community of San Jacinto, working with other non profit service agencies, supporting law enforcement to make for a safer and healthy community and to be good neighbors to everyone. In addition, the facility has been recognized by both the Betty Ford Center staff and Hazelden Institute in Minnesota for the leadership it gives to the treatment community, the individual care and the training it provides while at the same time remaining small and integrated within the city of San Jacinto and in cooperation with its 3/31/2009 Page 2 of 2 neighbors. I sincerely encourage he passage of the petition before the Council to support La Vista in this amendment. Donald R. Britt, M. A., M.F.T., C.A.S. Addictions and Family Therapy 6887 Magnolia Avenue Riverside, California Donald Britt drvb38@earthlink.net EarthLink Revolves Around You. 3/31 /2009 IhFo -FoV Z° GIRLS VARSITY SOCCER Awards Banquet Report The Lady Tigers capped a MONSTER season by having their Awards Banquet in the brand new gymnasium (PE classrooms) this past Wednesday, March 25th. According to Coach Walter there were about 80 people in attendance! They enjoyed an assortment of food from a new local business: Juan's Rotisserie Chicken which included: beans, rice, potato salad, tortillas and salsa! SEAS Coach Walter gave an overview of the season - and what a season it turned out to be! There were many "firsts" for SJHS: Participation in the CIF Finals, State Regionals, and multiple All - CIF player selections. Melisa Escamilla swept ail of the MVP awards: Division VI, All -CIF SS Offensive Player of the Year, Mountain Pass Offense, Team MVP, and Coach Walter was selected Division VI Coach of the Year. Coach Walter gave thanks to the school principal Mr. Garry Packham and the Athletic Director Mr. Jeff Snyder for their support. Mrs. Snyder was presented with a team championship T-shirt for "working behind the scenes" in support of the Lady Tigers. Thanks were also given to the following ladies for having put together a wonderful banquet: Timbre Shoemaker, Annette Olivas, Iris Gutierrez and Mirella "Mimi" Rodriguez. Mrs. Maria Blancas gave a sentimental thanks to Coach Chalmers for his tireless support of the girl's soccer program. The team will be recognized by the San Jacinto City Council and the SJUSD Board on April 2nd and 14th respectively at the SJUSD Board Rm. Team trophies as voted by team members: Most Inspirational: Senior Olivia Meza Most Improved: Sophomore Marlene Wilkerson Best Defensive Player: Sophomore Viviana Preciado Best Offensive Player: Junior Celene Batrez Most Valuable Player: Senior Melisa Escamilla Coaches Award: Freshman Alex Rodriguez League Awards as voted by Mountain Pass coaches: Honorable Mention: Goalie Alex Rodriguez 2nd Team: Sophomore Shea Shoemaker & Junior Daisy Padilla. 1st Team: Juniors Helena Rodriguez, Celene Batrez, Patty Amador and Sophomore Viviana Preciado League MVP — Offense: Melisa Escamilla. All CIF -SS Awards: 3rd Team: Viviana Preciado 2nd Team: Celene Batrez 1st Team: Helena Rodriguez & Patty Amador Best Offensive Player: Melisa Escamilla NSCAA/ADIDAS All Far -West Team: Melisa Escamilla Left: Freshman goal keeper Alexandra Rodriguez receiving her certificates and patches for CIF playoffs and Mountain Pass League championship. Right: Players Alex, Breanne, Viviana and Shea make a surprise gift presentation to coach Walter and coach Chalmers. March 3, 2009 Since the birth of our nation, America has had many heroes. I would like to introduce you to one of them. His name is SPC Ryan Price, proud member of the United States Army, D Company, 2nd Battalion, 506th. SPC Price is from a local family and his father is a San Jacinto High School graduate; his mother is a Hemet High School graduate. He currently resides with his parents in their Nuevo, California, home and is need of our assistance. On May 7th, 2008, while on combat duty in Afghanistan, SPC Price fell victim to an insurgent attack that resulted in the loss of both legs and other serious injuries. He continues to serve on active duty in the United States Army and is currently assigned to the US Army Transition Company in Balboa, California, while he is undergoing rehabilitation. Before entering the Military Recruitment Office, SPC Price knew that his duty to our country could cost him his life if it were asked of him. He was willing to lay his life down for our liberty and continued freedom. He sacrificed his legs but not his spirit of loyalty and patriotism. His service and devotion to our nation includes 2 tours of combat duty in Iraq and one tour in Afghanistan. SPC Price participated in over 150 combat patrols, checkpoint operations and non -kinetic ops as a dismounted Team Leader or Truck Commander. His combat actions prevented further insurgent attacks on coalition forces and Iraqi civilians. He trained in excess of 220 soldiers of the 4th Battalion, 8th Iraqi Army Division during Operation Dominant Warrior. SPC Price's awards, medals, badges, commendations while serving the United States Army Airborne are numerous and are included with this packet. I, Steve Di Memmo, a member of the San Jacinto City Council propose that the City Council of San Jacinto recognize SPC Price's bravery and sacrifice by adopting a Resolution to acknowledge SPC Price's heroism in service to us and to support Ryan and his family in construction of an addition to his home to accommodate his special needs. Respectfully, Steve Di Memmo San Jacinto City Council Member Helping a local soldier Spc. Ryan Price was severely wounded on May 7, 2008 while serving in Afghanistan. He lost both legs as well as other injuries. We are trying to help the family cover the cost of adding a room for Ryan. Please join us to heip make this a reality. Help is needed in the following areas: Donated skilled labor, building materials, or monetary donations to meet Ryan's needs. Contact Information: Pam or John Daly 951-672-6074 or Tad Shackford 9512-203-7060 email tad_agd.,Ieeia°ttanaiLeon Please send donations to: Ryan Matthew Price Trust C/O Tad Shackford po box 1176 Nuevo, Ca 92567 TO FOE 4 EPAIITM ENT OF TH E.ARNIN THIS 'PO CF.: IITI FN"I'LIAT THE SEO111T.UV E IHAIY HAS ,l1VAII DED THE ARMy-COMMENDATION MEDAL PRIVATE FIRST CLASS RYAN M. PRICE BRAVO COMPANY, 2ND BATTALION, 8TH INFANTRY REGIMENT 4TH INFANTRY DIVISION exceptionally meritorious service while deployed in support of OPERATION IRAQI FREEDOM 05-07. His dedication and selfless service greatly contributed to the improved security, stabilization and reconstruction of Iraq and are in keeping with the highest traditions of military service. His actions reflect distinct credit upon himself, the 2nd Brigade "WARHORSE" Combat Team and the United States Army. From: 29 November 2005 PERMANENT ORDER # 165-029 APO AE 09312-0501 To: 15 November 2006 JOH N. TULLY COL AR Com anding l) �I' I 'I ENT 0I Fru1. A1=?M11 THIS IS TO CERTIFY THAT THE SECHETAHY OF THE AHJIY HAS AWARDED THE .ARMY ACHIEVEMENT MEDAL SPECIALIST RYAN M. PRICE TO BRAVO COMPANY, 2ND BATTALION, 8THINFANTRY REGIMENT 1'OH exemplary performance while assigned to the 2°d Battalion, 8th Infantry Regiment as a Rifleman. SPC Price's valor and commitment to professional excellence are in keeping with the finest traditions. His actions have brought great credit upon himself, the "Talons", and the United States Army. Fro 5 PO 7032-02, 1 February 2006 HQ, 2-8 Infantry, 416 Infantry Division Fort Hood, Texas 76544 arch 2005 to 15 March 2007 JES A. HOWARD L C, IN Commanding lA FORM 41IR NOV 97 FOR YOUR OUTSTANDING .PERFORMANCE DURING THE 2ND BA 1 bl ALION, 8TH INFANTRY REGIMENT WEAPONS COMPETITION. YOUR PERFORMANCE AND MARKSMANSHIP SKII.T S HELPED YOUR TEAM WIN THE BA7 "1 ALION MARKSMANSHIP STREAMER, YOUR ACTIONS REFLECT GREAT CREDIT ON YOU, TEAM "COBRA', AND 2ND BATTALION, 8T11 INFANTRY REGIMENT. "FIRST AT NOR/VIAND 20 AUGUST 2006 GABRIEL C.ERVANTES CSM, USA Command Sergeant Major ES A. HOWARD L C, INFANTRY Commanding For your critical service to the 1st Squadron, 10th U.S. Cavalry during Operation River Falcon to conduct counter -insurgency operations in the Tigris River Valley. Your actions were vital to enabling the capture of numerous Anti -Iraqi Forces and the destruction of an extensive number of caches necessary to conduct offensive operations against US and Iraqi forces. Your efforts were essential to ensuring the security of AO Saber, AO Warhorse, Iraq, and are greatly appreciated by your comrades serving with the Buffalo Soldiers and the Second Brigade Combat Team. From July 22, 2006 to July 28, 2006 Presented this 14t1day of August, 2006 Charles F. Davidson Command Sergeant Major James J. Love Squadron Commander Certiticate'of A0.bievernent is presented ".." to rice SPC ' a Bravo Company, 2-8 Infantry;FOrvvard Operating Base Kalsu For meriterlout 'achievement while the and Brigade Combat Team, 4th - Infantry Division, ‘‘Worhorse"duriniL holy month of Ramadan from 23 September 2006 to 23 October 2006, ti*t#ptional vigilance and professionalism ensured that the urban areas and all of' it remained a secure environment in which all Iraqi citizens could celebrate witlietrt tear ef sectarian violestee. In view of your commitment *nd dedication yen hereby ileelared a Warhozi7se ..14*rfor. You exemplify the coiteept of "One Team - One Fight" and your perfor*Oce.riOeets great eredft on youttke'r_*.i,t,Rrigade Combat Team, the et InfantrY Divis14.041,'04-011e united States Army. Awarded this 23rd day of October 2006 at Forward Operal Base Kalsu, haq LN SM, A "ONE TEAM, ONE FIGHT" COMMAND SERGEANT MAJOR N. TU LY L, AR MANDER For Certificate of artia is presented to SPC Rya M. Price 2nd Brigade Combat j 4th Infantry Division unselfish service to the Division, "Warhorse" during t.4' Oct 05 - Nov 06. In view of/ou hereby dec a Warhorse' Brigade exempl de Combat Team, 4th Infantry tiro Iraqi Freedom 05-07 from lent and dedic on you are • our service to arhorse uted greatly to the brigades niissioi L You cept of "One Team - One Fight". Tbgnftlon reflects great credit on you, 2" Brigade Combat Team, 4th Infantry Division and the United States y. ELIJAH KING JR. CSM, USA COMMAND SERGEANT MAJOR "ONE TEAM, ONE FIGHT" eizxtyk: JOHN N. TULLY COL, AR COMMANDER 2 RECOMMENDATION F AWARD Roy ' For use of this rorm. see HUDA Letter 600-06-1; the proponent agency is DGS. 6-1. For valor/heroism/wartime and all awards higher than MSM, refer to special instructions in Chapter 3, AR 600-8-22. 1. TO COMMANDER, 2 BCT, 4 ID (M) FOB KALSU, IRAQ APO AE 09312 2. FROM COMMANDER, B CO, 2-8 IN, 4 ID (M) FOB KALSU, IRAQ APO AE 09312 3. DATE (YYYYMMDO/ ir.1 731 t l / nIt% APri"NABS !irerPART l • SDIDIER DMA ; tp /2 742., , , l ,",L' Ssj 4. NAME (Last, First, Middle initial) PRICE, RYAN M. 5. RANK 6. PFC SSN 7. ORGANIZATION ) B CO. 2-8 IN, 4 ID (M) FOB KALSU, IRAQ APO AE 09312 B. PREVIOUS AWARDS 9. BRANCH OF SERVICE 10. RECOMMENDED AWARD ARCOM 11. PERIOD OF AWARD a. FROM (YYYYMMDDJ 2005112,89 b. TO (YWYMMDDI j 20061115 12. REASON FOR AWARD 12a. INDICATE REASON SVC 126. INTERIM AWARD I `YES IX] NO 129. POSTHUMOUS 13. PROPOSED PRESENTATION DATE (YYYYMMDOI 20061115 tF YES, STATE AWARD GIVEN - YES'I NO `XI" PART 11- AECDMMENDER DATA 14. NAME (Last, Firsr, Middle Initial BII,YOII, ALISTER R. 15. ADDRESS 8 CO, 2-8 [N, 4 ID (M) FOB KALSU, IRAQ APO AE 09312 16. TITLE/POSITION i PLATOON SERGEANT 17. RANK I SSG 18, RELATIONSHIP TO AWARDEE PLATOON SERGEANT 19. SIGNATURE ��-n ,1(�" '� T� S PART 111 - JUSTIFICATION AND CITATION DATA (Use specific bullet examples of methorious acts or st=Iv 20—ACHIEVEMENTS ACHIEVEMENT #1 ' PFC Price has participated in over 150 combat patrols, checkpoint operations, and non -kinetic operations as a dismounted Team Leader or Ml 1 14 Truck Commander. These operations provided security for the Iraqi citizens within the Cobras' AO and denied insurgents easy access to carry out attacks against Coalition Forces. Furthermore, he participated in over 20 raids against suspected insurgents resulting in 25 personnel being detained and preventing them From participating in further actions against Coalition Forces. , ACHIEVEMENT i 2 During the pilgrimage for the Iraqi holidays of Arba'een and Ashura,PFC Price provided overwatch from critical positions along the route and conducted roving patrols for up to 18 hours each day. His excellent performance of duties helped ensure the safe passage of over 500,000 pilgrims between Baghdad and Najaf and prevented secular violence in the Cobra's AO. Furthermore, working with his Iraqi Army and Police counterparts enabled the Iraqi people to gain a sense of security and trust in Coalition Forces. ACHIEVEMENT ,x3 PFC Price. during Operation Looking Glass, was a member of the squad that led on a covert air -assault raid that landed on a known bnl landing zone in the 10lst Airtwrne Division's AO to rescue a kidnapped 10 year old boy. The operation resulted in one detainee, over forty houses searched. and two palm groves interrogated with mine detectors and a military working dog team. ACHIEVEMENT r4 PFC Price helped train over 220 Soldiers of the 4th Battalion, 8th Iraqi Army Division during Operation Dominant Warrior. The training consisted of combat lifesaving techniques, truck gunnery, vehick maintenance, obstacle course runs, platoon lanes, and individual movement techniques. As an advisor and Ianc safety, the tough training he provided enhanced the Iraqi Soldiers understanding of basic Infantry skills and was beneficial by providing cohesion between U.S. and Iraqi Soldiers. _____ ___- 21. PROPOSED CITATION EXCEPTIONALLY MERITORIOUS SERVICE WHILE ASSIGNED TO BRAVO COMPANY, 2ND BATTALION, 8TH INFANTRY REGIMENT AS A RIFLEMAN. PFC PRICE'S UNWAVERING LOYALTY AND UNHERALDED HONOR CONTRIBUTED TO THE "RATTLERS" COMPLETING ALL MISSIONS TO A HIGH STANDARD. PFC PRICE'S PERFORMANCE REFLECTS GREAT CREDIT UPON HIMSELF, THE "FIRST AT NORMANDY" BA1-1 ALION, AND THE UNITED STATES ARMY. DA FORM 638, APR 2006 REPLACES DAFORM 63 -1. PREVIOUS EDITIONS OF DA FORM 638 ARE OBSOLETE_ Page 1 a1 3 APO v1.00 NAME Last, First, Middle initiall ' SSN PRICE, RYAN M. PART #V RECOMMENDATIONS1APPROVAL1DISAPPROVAL` 22. i certify that this individual is eligible for an award in accordance with :22a SIGNATURE 1 } 22b- DATE (YYYYMA,DR; AR 600-8-22; and that the information contained in Part! is correct. 1 tt . -. j { - 23. INTERMEDIATE j a. TO b. FROM AUTHORITY CDR, 2-8 IN, 4 ID (M) I CDR, B CO, 2-8 1 , 4 ID )� c. DATE rYYYYH7fvFDar d.RECOMMEND. ,j APPROVAL j DISAPPROV'AL j [UPGRADE # DOWNGRADE TO: e. NAME (Last, First, Middle Initial1 f. RANK - ' BROOKS, COLIN N. CPT g. TITLE/POSITION _ h. SIGNATU _- COMPANY COMMANDER i. COMMENTS 24. INTERMEDIATE a. TO c. b. FROM 1 c. DATE fYY),YhS,WDD AUTHORITY j CDR, 2 BCT. 4 1D OA) CDR. 2-8 IN, 4 ID (M) I d. RECOMMEND: ( �X i APPROVAL J ; DISAPPROVAL ( UPGRADE TO: �i DOWNGRADE TO: e- NAME (East, Fir- Middle Initial + f. fiA19/50 HOWARD, JAMES A. LTC g. TITLE/POSITION h. SIGNAT RE BATTALION COMMANDER i. COMMENTS t'i y r tit os w j rn-,•tit..,-..t-r7C,,r, nn� -5 e?",;5 =c?.7 . 25. INTERME IATE I e. TO 1 b_ FROM j c. DATE tYVYVM CD, AUTHORITY d. RECOMMEND: i I APPROVAL I^I DISAPPROVAL j UPGRADE TO: ' s DOWNGRADE TO: e. NAME (Last, First, Middle Indiaij f. RANK g. TITLE/POSITION ; h. SIGNATURE i. COMMENTS 26. APPROVAL AUTHORITY a. TO 1 b. FROM ORDERS ISSUING AUTHOR)T1' 1 CDR, 2 BCT, 4 ID (M) c. DATE (YYYYMMOD1 d. I APPROVED j I DISAPPROVED t I RECOMMEND UPGRADE TO: ; I DOWNGRADE TO: e. NA TULLY,JOHN E (Last, First, tlliddle Initiall N. f. RANK COL g- TITLE/POSITION BRIGADE COMMANDER C h.-SIGNATUR 1 i. COMMENTS PART V - ORDERS DATA 27e. ORDERS ISSUING HQ - HQ, 2 BCT, 41D (M) FOB KALSU, IRAQ APO AE 09312 27b. PERMANENT ORDER NO. 1. ( 4 = p 3I. DISTRIBUTION 1- OMPF - FILES I- 1- UNIT 502dT I I- SOLDIER 28a. NAME OF ORDERS APPROVAL AUTHORITY/Last, First, Riddle trutiaff COLE III, CI-IARLES F. 28b. RANK -- - - - MAJ 28c. TITLE/POSITION BRIGADE ADJUTANT 24. APPROVED AWARD 28d. SIGNATURE , ._. _ 30. DATE (YVYYR DA FORM 638. APR 2006 P #e . o1-- APO vl-oo DEPARTMENT OF THE ARMY HEADQ UARTE RS, NW I -NATIONAL DIVISION ( BAG I I DAD) CAMP LIBERTY, IRAQ APO AE119344 PERMANENT ORDERS 2 025 31 It& 2006 PRICE-RYAN M-M1111111111r FFC. Bravo Compattry_ 2-d Barrafion_ &di lallnenry Ree3r=rat 1-1tla ASUT3th 2c1 Eat -if -Ado, attlt War-47. 13-4V-1 A EU Ar 0931' rustatt.ta.--itacut. 7,-.42- al44-6ARKetrintaR ay.:3rd_ Aw ralaybw-t _ c-_ AR 60114-22. 4.tpia B-6, MNC-1 Suh A-nn,--,iAufim-iry-mrggdcmw-h:atq .abianizzat- e-uariebEted as April. Re-4-7=r raf-part:,tmlee Ea heatets t ol'Ogra L-at' F1r-±cm Formal. 320 FOR THE COMMANDER: DIS4 itIBUTION: -PsH3WIDLIAL CONCERNED -UNIT 1-F1LE 1-CDR. USA•ER EC. A I IN: PCRE-FS. SS99 I. 56th Sr. Ind 41011s, IN 46:2749-53 I (Enlisted; I -CDR_ I (QUA. A ITN: Al IRC-NI SR_ 201) Slovall St_ Alexandria, VA 22332-0444 (Officcr1 DEPARTMENT OF THE ARMY 2'°BAITALION, 3"' INFANTRY REGIMEN; 1"BRIGADE coma. 'r TEAM. 4'6 INFANTRY DIVISION [ME( FOB 1(ALSL. IRAQAI'OAL- 09312 RENA It) ,ITTE7.:T1ON OF PERMANENT ORDER 62S6-16 13 October 2006 PRICE, RYAN MATTHEW 7.111 SPC, B CO (WASUBO), 2-8 IN, 4 ID (M), FOB Kalsu, Iraq APO AE 09312-0502 Announcement is made of the following award: Award: Drn er and Ivlecimnic Badge Component Bar: Wheeled Vehicle (Driver-W) Period of Service: 24 November 2005 to 9 October 2086 Authority: AR 600-8-22_ Para 8-28 Reason: For attainment of a high degree of skill in the operation of whee: Format: 320 FOR THE COMMANDER: iJONATHAN W. WEL OR.N CPT, AR Battalion Adjutant DISTRIBUTION: SPC PRICE, RYAN MATTHEW CDR, B CO. 2-8 IN, 4 ID (M). APO AE 09312 CDR, 2-8 IN, 4 [D, APO AE 09312 CDR, USAEREC, Indianapolis, IN 46249 ottil V Tge it knoinn tijat 61)(E Prite, pan ba5 5utteEiduttp cornptctb tbe at t1ji5 in5titution anb tbat in te5tintorip iben al stb bap ot jfebruarp itopb Eolonet, 3Infantrp atzt.qtant eammanbant thereof tatuarbtb tbi5 art Nenning, iorta, on tbio tbe tino tboufSatib eigbt (_)J atter Wajbakatattki firtajor enerat, ti541 Commanbant from theArmeh Torres of the Rnitet) tates Ameria // 4/2 WO(//her/ RYAN MATTHEW PRICE SPECIALIST REGULAR ARMY )//2 / 414,411;__ 7Lh de"9-9 / March 2007 409(11;Wk-f),e2//1/4,91(41/ t" .//1 44/ )177:Yi 7,47/7)1 /7/ if Or /e .74 LEIION R. SATCIIttL" CPT, IN 4., OATH OF REENLISTMENT RYAN MATTHEW PRICE do solemnly swear (or affirm) that I will support and defend the constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the Officers appointed over me, according to regulations and the uniform code of military justice. So help me God! 8 March 2007 REENLISTEN DATE ADMINISTERING OrrirDP bh FORM se so, AUG ao NAME (Last, First, Middle Milian PRICE. RYAN M. SSN —rli,_c PART IV - RECOMMENDATIONS)APPROVAWISAPPROVA 22. I certify that this individual is eligible for an award in accordance with AR 600-8-22; and that the information contained in Part I is correct 22a_ SIGNATURE 22b. DATE (YYYYMMDD) 23. INTERMEDIATE AUTHORITY a. TO CDR, 2-8 IN, 4 ID (M) b_ FROM CDR. B CO. 2-8 I . M) c. DATE (YYYYMMDD) d. RECOMMEND: K APPROVAL 1 1 DISAPPROVAL ^1 UPGRADE —I DOWNGRADE TO: e. NAME (Last, First, Middle initial) BROOKS. COLIN N. f. RANK MAJ g. TITLE/POSITION h. S COMPANY COMMANDER i. COMMENTS 24. INTERMEDIATE AUTHORITY a. TO b. FROM c. DATE (YYYYMMDD) d. RECOMMEND: n APPROVAL I- DISAPPROVAL UPGRADE p DOWNGRADE TO: e. NAME (Last First, Middle lntial) f. RANK x, g. TITLE/POSITION h. SIGNATURE L COMMENTS 25. INTERMEDIATE AUTHORITY a. TO b. FROM "s c. DATE (YYYYMMDD) d. RECOMMEND: APPROVAL DISAPPROVAL —1 UPGRADE 1 DOWNGRADE TO: e. NAME (Last First, Middle Wier) t RANK g. TITLE/POSITION h. SIGNATURE I. COMMENTS 26. APPROVAL AUTHORITY a. TO ORDERS ISSUING AUTHORITY b. FROM CDR.'2-8 IN. 4 ID (M) c. DATE (YYYYMMDD) OVED DISAPPROVED I 1 RECOMMEND UPGRADE TO: DOWNGRADE TO: e. (Last First, Middle Initial) HOW RD. JAMES A. I. RANK LTC g. TITLEIPOSITION BATTALION COMMANDER h. SIGNA i. COMMENTS PART V - ORDERS DATA 27a. ORDERS ISSUING HQ HQ, 2-0 IN. 4ID(M) FORT HOOD, TX 76544 27b. PERMANENT ORDER NO. .7©32-0Z- 31. DISTRIBUTION 1-OMPF I-502d PSI 28a. NAME OF ORDERS APPROVAL AUTHORITY(Last Fast Awe Initial) VELBORN. JONATHAN 28b. RANK CPT 1-UNIT FILES 28c. TITLE/POSITION BATTALION ADJUTANT 29_ APPROVED AWARD n1t�h 1 _SOLDIER 28d..SIGNAT - RE / f 4,6. i LA____ 30. DATE (YYYYY�M"MO1 D) I 7..00707.01 DA FORM 638, APR 2006 Page 2of3 f Z' ,➢�(R{rji r RECOMMENDATION FOR AWARD For.use of this form, see HQDA Letter 600-06-1; the Proponent agency is OCS, G-1. For valor/heroism/wartime and ail awards higher than MSM, refer to special instructions in Chapter 3, AR 600-8-22. 1. TO COMMANDER, 2-8 IN. 4 ID IM) FORT HOOD. TX 76544 2. FROM COMMANDER, B CO, 2-8 1N, 4 ID (M) FORT HOOD. TX 76544 3. DATE (YYYYMMDD) FJ-7-: "Y' eJF /k0 )4pfT , Iq©c7 2 t.;,4 5 FART I -SOLDIER DATA OpPS:,focr'( 5. RANK SPC 'ffss /i=c=; :eYrtf St:x' iv! 6. SSN 4. NAME (Last, Fast, Middle Initial) PRICE, RYAN M. 1.ORGANIZATION 8 CO. 2-8 IN. 4 ID (M) FORT HOOD. TX 76544 B. PREVIOUS AWARDS ARCOM 3_ BRANCH OF SERVICE 10_ RECOMMENDED AWARD AAM 11. PERIOD OF AWARD a. FROM (YYYYMMDD) 20050315 b. TO (YYYYAIMDD) . 20078315 12. REASON FOR AWARD 12a. INDICATE REASON PCS 12b. INTERIM AWARD YES X NO 12c. POSTHUMOUS YES NO E X I 13. PROPOSED PRESENTATION DATE (YYYYMMDO) - 20070301 IF YES, STATE AWARD GIVEN PART If - RECOMMENDER DATA 14. NAME (Last, First, Afiddle Initial) L'ANTERBURY. MICHAEL W. 15. ADDRESS B CO. 2-8 IN, 4 ID (M) FORT HOOD, TX 76544 16. TtTLE/POSITION SQUAD LEADER 17_ RANK SSG 1 B. RELATIONSHIP TO AWARDEE SQUAD LEADER`'% 19. SIGNATURE r— , PART NI - JUSTIFICATION AND CITATION DATA (Use specirIC bullet examples of meritorious acts orseMce) ?0. ACHIEVEMENTS ICHIEVEMIENT #1 3PC Price's tenure in the 2nd Battalion. 8th Infantry has displayed his versatility and 'motivation throughout one Bradley ;unnery. one MI114 truck gunnery. one combined arms table XII, one Operation Iraqi Freedom deployment. three urban 'raining live fires. and one National Training Center rotation. He has displayed the mental toughness and endurance rchile serving in Bravo Company. 3rd platoon "Rattlers" and is a valuable asset to the United States military. 1CHIEVEMENT f2 SPC Price's constant drive to set the standard has been demonstrated by qualifying expert on all his assigned weapons which have included the M I6A4. the M24013 Machine Gun, and the M249 Squad Automatic Weapon. 1CHIEVEMENT #3 3PC Price served in several positions while assigned to Bravo Company to include M249 gunner. MI114 HMMWV gunner. 41114 driver. and rifleman. His professional attitude and commitment to Soldiers set a high standard for his peers to mulate. tCHIEVEMENT #a 1PC Price is a Soldier whom completes all tasks to standard with minimal to no guidance. He is a motivated young ender who is dedicated to his subordinates and committed to excellence. DN XERMPLARYCPER PERFORMANCE WHILE ASSIGNED TO BRAVO COMPANY, 2ND BATTALION, 8T11 INFANTRY dEGIMENT AS A RIFLEMAN. SPC PRICE'S VALOR AND COMMITMENT TO PROFESSIONAL EXCELLENCE ARE IN SEEPING WITH THE FINEST MILITARY TRADITIONS. HIS ACTIONS HAVE BROUGHT GREAT CREDIT UPON 3IMSELF. THE "TALONS" BATTALION, AND THE UNITED STATES ARMY. A FORM 638, APR 2006 ...... _._...,.,...REPLACES DA FORM 636t^_ ^^ Page 1 The Motto of the Association We Stand Together - Then, Now, and Always Welcome to The C URRAHEE Home Page. dome for veterans of "The 506th infantry Regiment". Everyone is welcome here. We are an organization dedicated to the Active Duty Soldiers and Veterans of the 506th infantry and their history. The first 506th infantry Regiment redeployment flight from Afghanistan landed in CONUS on 28 February. at about 0940 to a roaring celebration of Currahee family and friends. All returning troops will go undergo a seven day reintegration period and then be sent on leave. Soldiers from our Regiment will continue to redeploy throughout the month of March. 2-29/09 w Currahees Head Home The first 506th Infantry Regiment redeployment flight from Afghanistan landed in CONUS on 28 February, at about 0940 to a roaring celebration of Currahee family and friends. All returning troops will go undergo a seven day reintegration period and then be sent on leave. Soldiers from our Regiment will continue to redeploy throughout the month of March. 2/18109 mw Help for a Wounded Currahee SPC Ryan Price (D Co. 2nd BN, 506th) was severely wounded on 05/07/08 while serving in Afghanistan. He lost both legs and incurred other injuries. Friends are http://www.506infantty.org/body.htm 03/01/09 trying to help the family cover the cost of adding a room for Ryan onto the family home in Nuevo, CA. Help is needed in the following areas: - donated skilled labor - donated building materials - monetary donations Information on how to donate to this project can be found on the Help for a Wounded Soldier web page. 2/7/09 Currahee to be Recognized l st LT Brian Brennan D 2/506 will be honored as Irishman of the Year by The Ancient Order of Hibernians Division 16 in Monmouth Freehold, New Jersey. LT Brennan D 2/506 was severely injured on May 7, 2008 from an IED while leading a patrol in Sabari District, Khost, Ffghanistan. The event was held Saturday February 28, 2009 7-11pm at St Thomas More Parish Hall. 186 Cordons Corner Road Manalapan NJ. Read more information 1/9/09IMPORTANT MESSAGE FOR OUR GOLD STAR FAMILIES COL John "Pete" Johnson, Commander of The 506th Infantry Regiment, Combined Task Force Currahee would like every Currahee Gold Star Family member to be able to read the attached letter. If you know of a Currahee Gold Star Family make sure they get a copy of this letter. Click this link Letter from COL Johnson Pww 1/17/09 Currahee Rendezvous 2009 Get the latest information on Currahee Rendezvous 2009. No this is not another reunion, nor is it just a gathering of veterans. This is something very special and will be remembered for its unique approach to the homecoming of the 4th Brigade Combat Team, 506th Infantry Regiment. Our regiment is currently deployed to Afghanistan and COL Pete Johnson, Regimental Commander, has decided to have a three day celebration when the troops return to Fort Campbell. Plans are now being made and YOU are invited. That is correct, all 506th Veterans are invited to. attend CURRAHEE RENDEZVOUS 2009. Although the Currahees will return to CONUS in late winter or early spring, in order to allow for block leave and event planning, the Rendezvous is scheduled for May 28, 29, 30, 2009. Click here for more information. http://www.506infantry.org/body.htm 03/01/09 11r0/08 $500 College Scholarship To Be Offered The Association is now accepting applications for our 2009 College Scholarship. This year the Scholarship Committee will be able to award at least one S500 scholarship due to the generous donations from our membership. Click this link Scholarship Fund for information on how to apply. Items one thru six, in the link, detail the application procedure while items seven thru thirteen explain the selection process. Applicants are reminded to include their mailing address, phone number, and email address with their application. In addition, items that are sent with the application cannot be returned. Do not send original documentation as photo copies of important papers will be accepted. Questions may be directed to me at the email address listed below. Alfred May Alfredivtay@aoIcom Scholarship Committee Chairman M Iiitarico BISTINCIIIH1 SITE Looking for something special? Try searching the Currahee site with our site search engine. Search this bite powered by FreeFtnd Find! Site Map Take a minute. give us your thoughts. post a note, or just say hello. Sign 506th Guestbook http://www.506infantry.orgibody.htm Iiuestb000k View 506th Guestbook 03/01/09 AGENDA REGULAR MEETING of the SAN JACINTO REDEVELOPMENT AGENCY of the CITY OF SAN JACINTO APRIL 2, 2009, 7:00 p.m. or shortly thereafter 2045 South San Jacinto Avenue, San Jacinto School District Board Room, San Jacinto, California, 92583 1. ORGANIZATION 1.1 Call to Order 1.2 Roll Call 2. PUBLIC COMMENTS 3. CONSENT CALENDAR The matters listed under Consent Calendar are considered routine and will be enacted by one motion by Agency Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the Redevelopment Agency, staff or the public requests a specified item be removed and/or discussed. If an item is pulled, it will be heard at the end of number '5. Staff Reports.' 3.1 March 19, 2009, RDA Minutes Regular Meeting / Approve / Agency Secretary 4. PUBLIC HEARING 5. STAFF REPORTS At the end of the scheduled City Department items, anyone wishing to discuss a consent calendar item should come forward upon invitation of the Chairman; state their name, address, and the consent calendar item number pulled. Speakers should limit comments to three (3) minutes. 6. CHAIRPERSON / MEMBER REPORTS / DISCUSSIONS 7. CLOSED SESSION 8. ADJOURNMENT Redevelopment Agency Agenda April 2, 2009 Page 2 of 2 It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. lf, 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 (951) 537-6358, at least 48-hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. If you challenge any action of the Redevelopment Agency Board in court, you may be limited to raising only those issues you or someone raised at the public hearing described in this notice, or in written correspondence delivered to the Redevelopment Agency (c/o Redevelopment Secretary) at, or prior to, the public hearing. DOCUMENTS RELATED TO OPEN SESSION AGENDAS (SB 343) -- Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the public counter located in the Administration Building of City Hall, 595 S San Jacinto Avenue, San Jacinto, California, 92583. I, Dorothy L. Chouinard, Secretary of the San Jacinto Redevelopment Agency, do hereby cent f that I caused to 6e posted the foregoing agenda the 27tfi day of March, 2009, as required 6y raw. Dorothy L. Chouinard Agency Secretary 3.i MINUTES REGULAR MEETING of the SAN JACINTO REDEVELOPMENT AGENCY of the CITY OF SAN JACINTO MARCH 19, 2009, 7:38 p.m. 2045 South San Jacinto Avenue, San Jacinto School District Board Room, San Jacinto, California, 92583 1. ORGANIZATION 1.1 Call to Order Chairman Dale Stubblefield called the regular meeting of the San Jacinto Redevelopment Agency to order at 7:38 p.m. 1.2 Roll Call Present: Jim Ayres, Steve Di Memmo, John Mansperger, Jim Potts, Dale Stubblefield Absent: None 2. PUBLIC COMMENTS None 3. CONSENT CALENDAR 3.1 March 5, 2009 RDA Minutes Regular Meeting / Approve / Agency Secretary M/S/C (Di Memmo / Potts) moved to approve the Consent Calendar as presented. Motion carried 4/0. Ayes: Ayres, DI Memmo, Mansperger, Potts Nays: None Absent: None Abstain: Stubblefield (absent from 3/05/09 meeting) 4. PUBLIC HEARING None Redevelopment Agency Agenda March 19, 2009 Page 2 of 4 5. STAFF REPORTS 5.1 Resolution No. RDA 09-04 / Professional Services Agreement (PSA) — Keeton Kreitzer Consulting / Redevelopment Operations Manager a) Adopt Resolution No. RDA 09-04, approving the PSA with Keeton Kreitzer Consulting for preparation of an Environmental Impact Report (EIR) for the Amendment to the San Jacinto Redevelopment Plan in the amount of $64,450.00 plus a 10% contingency of $6,445 from the 2005 Bond Refinance Proceeds (non -housing); and authorizing the executive director execute the agreement as further set forth in the agreement; and b) Amend the RDA Budget in the amount of $70,895.00 for the preparation of an EIR for the Amendment to the San Jacinto Redevelopment Plan Redevelopment Operations Manager Steven Pasarow gave the staff report. This is a Professional Services Agreement (PSA) to hire a consultant to prepare an Environmental Impact Report (EIR) for the San Jacinto Project Area which is an amendment process that the city is going through. The agency only received one proposal, which was from from Keeton Kreitzer Consulting. The references provided by Keeton Kreitzer Consulting were contacted and all of them gave a glowing report and high recommendation for their work. Staff recommends the approval of the PSA to hire Keeton Kreitzer Consulting in the amount of seventy - thousand -nine hundred -forty-five dollars. M/S/C (Di Memmo / Stubblefield) moved to approve the Professional Services Agreement and adopt resolution No. RDA 09-04 as presented. Motion carried 5/0. Ayes: Ayres, Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: None Abstain: None 5.2 Resolution No. RDA 09-03 / A resolution setting forth the required Health and Safety Code section 33445 findings / Redevelopment Operations Manager a) Approve and Adopt said resolution; and b) Authorize the executive director to execute all contract documents necessary for the construction of the landscaping improvements around the Estudillo Mansion and Heritage Park parking lot; and Redevelopment Agency Agenda March 19, 2009 Page 3 of 4 c) Allocate $15,840.00 from the 2005 Redevelopment Bond Refinance Proceeds (non -housing fund) to cover the costs of the landscape construction, landscape architectural services, and contingency costs. This item was heard in connection with item 5.2 on the City Council agenda. Redevelopment Operations Manager Pasarow gave the staff report. A total of twelve bids were received and the low bid was provided by EZ Sunnyday Landscape. The construction period is anticipated to last no more then seventy-five days. Councilmember Di Memmo asked since the city already has an existing contract with EZ Sunnyday Landscape, will this contract be attached to the existing contract? Redevelopment Operations Manager Pasarow responded that this will be a separate contract. M/S/C (Mansperger / Stubblefield) moved to approve and adopt resolution No. RDA 09-03, item b and item c as presented. Motion carried 5/0. Ayes: Ayres, Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: None Abstain: None 6. CHAIRPERSON 1 MEMBER REPORTS / DISCUSSIONS None 7. CLOSED SESSION None 8. ADJOURNMENT With no further business before the Redevelopment Agency, Chairman Stubblefield adjourned the meeting at 7:46 p.m. Redevelopment Agency Agenda March 19, 2009 Page 4 of 4 City of San Jacinto Redevelopment Agency By Dale Stubblefield, Chairman ATTEST: Dorothy L. Chouinard, Agency Secretary Approved as read Approved as amended REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM4f:C SUBJECT: DATE: Li/01/C IN FAVOR: CI NEUTRAL: Name: OcNyle \ Ad \ Representing: Address: t City: 5 - CAL Telephone No: C1C1 " Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. IN OPPOSITION: tZ IN FAVOR: IN OPPOSITION: CI Name: Representing: Address: City: -L) - Telephone No: REQUEST TO SIT., CITY COUNCIL AGENDA ITEM#: 'J `-:D SUBJECT: DATE: / Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM#: 0 SUBJECT: DATE: 41 IN FAVOR: 0 NEUTRAL: 0 IN OPPOSITION: 0 Name: a, 16 S±etn Representing: VIWC1116 Address: !DILI- t'\\ief. City: \.,.._%r) c )1L ntO Telephone No: Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. REQUEST TO SPEAK. CITY COUNCIL AGENDA ITEM#: SUBJECT: C\C c DATE: IN FAVOR: 0 NEUTRAL: 0 IN OPPOSITION: 0 Name: i Representing: L\c\bc c1 Address: r city: 5--A,1/4.\_ Telephone No: 1 Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM#: 9 SUBJECT: Q. bi 17) DATE: IN FAVOR: NEUTRAL: 0 IN OPPOSITION: 0 Name: E/e-, Representing: Address: City: Telephone No: Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of tile Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. REQUEST TO SPEAK. CITY COUNCIL AGENDA ITEM# SUBJECT: L4111 TA DATE: IN FAVOR: NEUTRAL: 0 IN OPPOSITION: 0 Name: R Representing: — Address: 43 Li 1 /1/24 yz,t/ City: (:71777 Telephone No: 91 Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. Name: REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM#: SUBJECT: DATE: IN FAVOR: 0 NEUTRAL: IN OPPOSITION: 0 Representing: Address: LA \ (Q(0 ---I tkr City: 7-:€ Vi&_e Telephone No: SO Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM#: SUBJECT: LA \ DATE: IN FAVOR: NEUTRAL: 0 IN OPPOSITION: 0 Name: A< Representing: LA c 1S /41-- Address: 5 i5 City: el Telephone No: Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. IN FAVOR: 6Y. Name /471a-k_i NEUTRAL: 0 IN OPPOSITION: 0 Representing: Address: City: Telephone No: 41")17 LY REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM- 71:, / SUBJECT: LilL9 DATE: Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. REQUEST TO SPEAK CITY COUNCIL A ENDA ITEM#: / SUBJECT: DATE: IN FAVOR: NEUTRAL: 0 IN OPPOSITION: 0 Name: Representing: k Address: Pu aL_I 5 City: Ct*- V5-Telephone No: S7— X.0 / Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM#: 4 SUBJECT: La\/- P DATE: IN FAVOR: 1 NEUTRAL: 0 IN OPPOSITION: 0 Name: C) 19' Representing: Address: 429,_ Telephone No: Gi 5 Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM#:1:17 / SUBJECT: DATE: IN FAVOR: NEUTRAL: 0 IN OPPOSITION: 0 Name: Representing: Address: 2,=-A2a; (9) )6 7 6/2e t- Ci Telephone No: c/S7 6 72 7 .3 Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM#: SUBJECT: -565 COP DATE: ir-A r ) CYC) IN FAVOR: Name: :TA Li }.? Representing: Address: NEUTRAL: 0 IN OPPOSITION: 0 !-5-4-fl ppkrd City: Telephone No: ( s-- Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM#: DATE: IN FAVOR: Name: t SUBJECT: NEUTRAL: El IN OPPOSITION: CI Representing: eq. Address: //(2 City: /4/ZlE17t Telephone No: / 57) s5,7 Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. DATE: Name: L. Representing: 4/4? 1 Address: 7- REQUEST TO SPEAK CITY COUNCIL AGENDA,ITEM#:./ SUBJECT: IN FAVOR: NEUTRAL: 0 IN OPPOSITION: 0 Telephone N Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM SUBJECT: ZA Vic rzt e, DATE: V- 2- 0? IN FAVOR: Name: /1/,t 4 Representing: NEUTRAL: 0 IN OPPOSITION: 0 6/Q SDA Address: ST City: ñithfr Telephone No: t/ Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM: 1--/, SUBJECT: DATE: Li IN FAVOR: CI NEUTRAL: CI IN OPPOSITION: Name: letS Representing: Address: 1 CZ City: Telephone No: "sc f/707— /ef-SO, Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING.