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HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 5/21/2009REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM #: 4:1 2- SUBJECT: DATE: .0 IN FAVOR: NEUTRAL: CD IN OPPOSITION: CI Name: / 1.- 2 Ac4--/--; Representing: Address: L./ City: Telephone No.:-) er-36 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. L•-•73 4.7) AGENDA ITEM May 21,2009 TO: The Honorable Mayor and Members of the City Council FROM: Habib Motlagh, City Engineer SUBJECT: 2009 Master Plan Sewer Lines Improvement Projects, authorization to advertise for bids RECOMMENDATION: Staff recommends that the City Council, by motion, approve the plans and specifications for the 2009 Master Plan Sewer Lines Improvement Projects and direct the City Clerk's office to publicly advertise for bids. DISCUSSION: As part of the 2008 — 2009 budget, the City Council allocated funds for construction of the 2009 Master Plan Sewer Lines Improvement Projects, and directed staff to begin preparation of plans and specifications. The City Engineer's office has completed the plans for this project, and it is ready to be publicly advertised for bids. Attached to this report, please find an exhibit showing the locations in which sewer lines will be reconstructed. As indicated on this exhibit, the project includes construction of approximately 215 feet in De Anza Drive, 570 feet in Alley between Idyllwild Drive and Washburn Avenue, and 150 feet in Monte Vista Avenue. The proposed schedule for this work is as follows: • May 21: Council authorization to advertise for bids • June 29: Bid Opening • July 16: Council award of contract • July 27: Mandatory start of construction • September 11: End of construction (45 calendar day contract) Page 1 of 2 During construction, De Anza Drive will be completely closed between Grand Army and Wateka with a detour in place. As noted above, staff is currently planning on bringing the award of contract to the Council for approval seventeen days after the bid opening. ALTERNATIVES: Approval: Approve the plans and specifications and direct staff to proceed with advertisement. 2. Denial: Do not approve this item as presented, and provide staff with further direction. FISCAL IMPACT: The original Council allocation for this project was $497,000. The Engineer's Estimate is $200,000 for the proposed construction. As such, staff believes that the project is fully funded. ATTACHMENTS: • Exhibit with locations of sewer line project construction Page 2 of 2 LOCATION MAP THE THOMAS GUIDE PAGE 811, GRID 1A & 1B AGENDA ITEM 3 ,7 TO: FROM: SUBJECT: May 21, 2009 The Honorable Mayor and Members of the City Council Asher Hartel, AICP, Planning Director Second reading of Ordinance No. 09-02 regarding Planned Unit Development 2-06, 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. Applicant: Mario Zamorano 3590 S. Dartmouth Ln. Rowland Heights, CA 91748 RECOMMENDATION: Staff recommends that the City Council, by motion, conduct the second reading to adopt Ordinance No. 09-02 approving Planned Unit Development 2-06 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) for Case No. PUD 2-06, a Planned Unit Development, located on the west side of Kirby Street, north of Esplanade Avenue, in the City of San Jacinto, County of Riverside. BACKGROUND: On May 7, 2009, Council approved the introduction and the first reading, by a 4-0 vote, of Ordinance No. 09-02 for a change of zone from Single Family Residential (R-1) to Two Family Residential-PUD (R-2-PUD) for Case No. PUD 2-06, a 36-unit residential Planned Unit Development on 5 acres, located on the west side of Kirby Street, north of Esplanade Avenue. Council also approved a General Plan Amendment (GPA 3-07) to change the General Plan land use designation from Low Density Residential to Medium Density Residential, and a Planned Unit Development project for a gated community and a 36-lot single family residential subdivision (Tentative Tract 34664). Page 1 of 2 DISCUSSION: On May 7, 2009 the City Council conducted a hearing on the above project and considered the Planning Commission's December 11, 2008 recommendation for approval and the revisions made to the project since the Council's initial review and continuance on January 22, 2009. Council introduced and approved the first reading of Ordinance No. 09-02. This second reading will adopt the Ordinance approving the Change of Zone for Planned Unit Development 2-06, which will become effective in 30 days. BUDGETARY IMPACT: None ATTACHMENTS: • Ordinance No. 09-02 Page 2 of 2 STATE OF CALIFORNIA) ORDINANCE NO: 09-02 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) 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) FOR CASE NO. PUD 2-06, A PLANNED UNIT DEVELOPMENT, LOCATED ON THE WEST SIDE OF KIRBY STREET, NORTH OF ESPLANADE AVENUE, IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE. THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On December 11, 2008, the Planning Commission conducted a public hearing and recommended approval of a proposal to Change the Zone from Single Family Residential (R-1) to Two-Family Residential-PUD (R-2- PUD) subject site, as shown on Exhibit "A" attached hereto and incorporated herein. Section 2. On January 22, 2009 and on May 7, 2009, the City Council conducted a public hearing and approved the Change of Zone for the subject site, as shown on Exhibit "A" attached hereto and incorporated herein. Section 3. That the official Zoning Map of the City Council is hereby amended by adding thereto Planned Unit Development 2-06 as herein set forth. Section 4. That the official Zoning Ordinance 340, of the City Council is hereby amended by adding thereto Planned Unit Development 2-06 as set forth herein. Section 5. That the zoning of the property in the City of San Jacinto, as shown on Exhibit "A" attached hereto and incorporated herein, is hereby established as Two-Family Residential-PUD (R-2-PUD). Section 6. The City Clerk shall certify the adoption of this ordinance and cause the same to be published in a newspaper of general circulation printed and published in the County of Riverside, State of California. Introduced at a regular meeting of said City Council on the 7 th day of May, 2009. MOVED, PASSED, AND ADOPTED at a regular meeting of the City Council on the 21st day of May, 2009 by the following vote. Ayes: Nays: Absent: Abstain: City of San Jacinto by Dale Stubblefield, Mayor ATTEST: Barry McClellan, City Clerk CERTIFICATE STATE OF CALIFORNIA) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) I, Barry McClellan, hereby certify that the foregoing is a true copy of Ordinance No. 09-02 duly adopted by the City Council of City of San Jacinto, California at a regular meeting thereof held the 21st day of May, 2009. WITNESS my hand and official seal of the City of San Jacinto this day of 2009. Barry McClellan, City Clerk R-2 PUI Subject Sit R1 to R-2 I R-1 Valley riZZ-11 Community Church Exhibit "A" Planned Unit Development 2-06 CITY OF SAN JAC INTO Community Development Department AGENDA ITEM 3 .Y May 21, 2009 TO: FROM: SUBJECT: The Honorable Mayor and Members of the City Council City Attorney Second Reading (Adoption) of Ordinance Authorizing Appointment of City Manager as City Clerk; Resolution Appointing Barry McClellan, City Manager, as City Clerk RECOMMENDATION: Take the following action in the order listed: 1 Conduct second reading (adoption) of Ordinance Amending Sections 2.12.010 and 2.20.010 of the San Jacinto Municipal Code to Provide for the Appointment by the City Council of the City Manager as City Clerk of the City of San Jacinto. 2. Adopt Resolution Appointing Barry McClellan to the office of City Clerk of the City of San Jacinto. BACKGROUND: The office of the City Clerk of the City of San Jacinto is currently being held by a City staff member on an interim basis. Due to the urgent need for the appointment of a City Clerk to perform the vital duties of that office, and further due to the need for efficiency in City government due to the current state of the economy, Staff proposes the adoption of the attached ordinance. The ordinance amends the San Jacinto Municipal Code to authorize the appointment of the City Manager to the Office of City Clerk. Under California law, the offices of City Manager and City Clerk may be held by the same individual. A survey of several other cities throughout the State (including Colma, Arcata, Cotati, Sausalito, Hidden Hills, Simi Valley, Paso Robles, Merced and Los Gatos) shows that the practice of appointing a single individual as City Manager and City Clerk is relatively common and can be an efficient solution for small and mid- size cities. Approvals City Manager: Finance Director] The proposed ordinance will make minor modifications to the San Jacinto Municipal Code to clarify that nothing therein prohibits the appointment of the City Manager to the office of the City Clerk or vice-versa. The first reading of the ordinance occurred on April 16, 2009, and a second reading is required in order for the ordinance to become effective. Staff recommends that, following the adoption of the ordinance, the City Council adopt the proposed resolution appointing Barry McClellan, City Manager, to the office of City Clerk. JUSTIFICATION: The adoption of the proposed ordinance and resolution appointing City Manager McClellan to the office of City Clerk is necessary for the protection of the public welfare by ensuring the efficient performance of vital duties of the City Clerk. BUDGETARY IMPACT: The approval of this ordinance and resolution will have a positive budgetary impact in that it consolidates the roles of two employees in the same person. ATTACHMENTS: Ordinance Amending Sections 2.12.010 and 2.20.010 of the San Jacinto Municipal Code to Provide for the Appointment by the City Council of the City Manager as City Clerk of the City of San Jacinto 2. Resolution Appointing Barry McClellan to the office of City Clerk of the City of San Jacinto STATE OF CALIFORNIA ) ORDINANCE NO. COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO AMENDING SECTIONS 2.12.010 AND 2.20.010 OF THE SAN JACINTO MUNICIPAL CODE TO PROVIDE FOR THE APPOINTMENT BY THE CITY COUNCIL OF THE CITY MANAGER AS CITY CLERK OF THE CITY OF SAN JACINTO WHEREAS, Chapter 2.12 of the San Jacinto Municipal Code creates the office of City Manager; and WHEREAS, Chapter 2.20 of the San Jacinto Municipal Code provides for the appointment and compensation of the City Clerk; and WHEREAS, due to the need for efficiency in City administration, the City of San Jacinto ("City") desires to provide for the appointment by the City Council of the City Manager as the City Clerk; and WHEREAS, there is no legal prohibition against the appointment of the same person to the offices of City Manager and City Clerk under California law, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 2.12.010 of Chapter 2.12 of the San Jacinto Municipal Code is hereby amended in its entirety to read as follows: "2.12.010 Office created—Appointment. A. The office of city manager is created. B. The city manager shall be appointed by the city council solely on the basis of his or her executive and administrative qualifications and ability, and shall hold office at and during the pleasure of the city council. C. The city council may but shall not be required to appoint the city clerk to the position of city manager." Section 2. Section 2.20.010 of Chapter 2.20 of the San Jacinto Municipal Code is hereby amended in its entirety to read as follows: "2.20.010 City clerk—Salary and bond. The appointive city clerk of the city shall be paid at such rate or method that the city council may deem appropriate. The city council may contract with qualified persons to fill the position of city clerk on such terms and conditions as the city council may deem appropriate, including contracting with 1 of 4 independent contractors. The city council may but shall not be required to appoint the city manager to the office of city clerk. The city council may from time-to-time, by resolution, establish or thereafter modify the salary or compensation of the appointed city clerk. The city clerk of the city shall furnish to the city a bond in the penal sum of five thousand dollars ($5,000), for the performance of his or her official duties as required by law." 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. Effective Date. This ordinance shall take effect and be in full force on the thirtieth (30 th ) day from and after its second reading. Introduced at a regular meeting of said City Council on the 16 th day of April, 2009, by the following vote: Ayes: Nays: Absent: Abstain: PASSED, APPROVED AND ADOPTED at a regular meeting of said City Council on the 21 st day of May, 2009, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By Dale Stubblefield, Mayor ATTEST: City Clerk 2 of 4 APPROVED AS TO FORM: Jeffrey S. Ballinger Best Best & Krieger LLP CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) I, , hereby certify that the foregoing is a true copy of Ordinance No. , introduced at a regular meeting held on the 16 th day of April, 2009 and duly adopted by the City Council of the City of San Jacinto, California at a regular meeting thereof held the day of , 2009. WITNESS my hand and official seal of the City of San Jacinto this day of , 2009. City Clerk STATE OF CALIFORNIA) RESOLUTION NO. COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY OF SAN JACINTO APPOINTING BARRY MCCLELLAN TO THE OFFICE OF CITY CLERK OF THE CITY OF SAN JACINTO WHEREAS, the office of City Clerk is currently vacant and must be filled immediately to provide certain duties necessary for the continued operation of City government; and WHEREAS, due to the need for efficiency in City administration, the City of San Jacinto ("City") desires to provide for the appointment by the City Council of the City Manager to the office of City Clerk; and WHEREAS, there is no legal prohibition against the appointment of the same person to the offices of City Manager and City Clerk under California law; and WHEREAS, the City Council has adopted an Urgency Ordinance providing for the amendment of Chapters 2.12 and 2.20 of the San Jacinto Municipal Code to expressly authorize the appointment of the City Manager to the office of City Clerk, NOW, THEREFORE, BE IT RESOLVED the City of San Jacinto hereby resolves as follows: Section 1. Effective upon taking the Oath of Office, Barry McClellan (Employee), City Manager of the City of San Jacinto, shall be and hereby is appointed City Clerk of the City of San Jacinto. Employee shall be authorized to, and shall perform the functions and duties of the City Clerk under California law and as further specified in the Municipal Code of the City of San Jacinto and such other legally permissible and proper duties and functions as the City Council shall, from time to time, assign. Section 2. The City Council hereby authorizes the City Attorney to draft any necessary amendment to Employee's employment contract with the City to provide for separate compensation for Employee's performance of the duties of the City Clerk. The Mayor shall be and is hereby authorized to sign the amendment on behalf of the City. PASSED, APPROVED and ADOPTED this 21st day of May, 2009. City of San Jacinto By: Dale Stubblefield, Mayor ATTEST: City Clerk City of San Jacinto APPROVED AS TO FORM: City Attorney, City of San Jacinto Best Best & Krieger LLP CERTIFICATE I, , City Clerk of the City of San Jacinto, do certify that the foregoing Resolution No. was passed, adopted and approved at a regular meeting of the City Council for the City of San Jacinto held on the 21st day of May, 2009, by the following vote: Ayes: Nayes: Absent: Abstain: WITNESS MY HAND AND OFFICIAL SEAL this day of City Clerk City of San Jacinto State of California , 2009 AGENDA ITEM . May 21, 2009 TO: FROM: SUBJECT: The Honorable Mayor and Members of the City Council City Attorney and City Engineer Ordinance No. 09-12 Adopting Updated City-Wide Speed Survey and Directing the City of San Jacinto Public Works Department to Implement the Speed Limit Recommendations Contained Therein RECOMMENDATION: Staff recommends that the City Council approve for second reading and adoption Ordinance No. 09-12, adopting the updated city-wide speed survey prepared by RK Engineering and directing the Public Works Department to implement the speed limit recommendations contained therein. BACKGROUND: Ordinance No. 09-12 was introduced for first reading at the City Council Meeting of April 16, 2009. ALTERNATIVES: 1. Approve for second reading and adoption, Ordinance No. 09-12, adopting the updated city-wide speed survey and directing staff to implement the same. 2. Do not approve the ordinance for second reading and adoption 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: • Ordinance No. 09-12 • Speed Survey by RK Engineering, dated January 26, 2009. STATE OF CALIFORNIA ) ORDINANCE NO. 09-12 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING AND ADOPTING THE UPDATED CITY-WIDE SPEED SURVEY AND DIRECTING THE CITY OF SAN JACINTO PUBLIC WORKS DEPARTMENT TO IMPLEMENT THE SPEED LIMIT RECOMMENDATIONS CONTAINED THEREIN. WHEREAS, California Vehicle Code Sections 22357 and 22358 authorize the City to increase and decrease its local speed limits; and WHEREAS, at the request of the San Jacinto Police Department, the City's Engineer's office recently had its traffic engineering consultant, RK Engineering complete an updated city-wide speed survey on a number of streets throughout the City; and WHEREAS, There were a total of thirty-eight (38) road segments surveyed, with the speed limit recommendations varying from twenty-five (25) miles per house to fifty-five miles per hour depending on the location; and WHEREAS, the City Engineer and the Police Department have reviewed the updated city-wide speed survey results and both offices recommend approval and implementation of the report's recommendations; and WHEREAS, a copy of the updated city-wide speed survey is attached; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES ORDAIN 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 Ordinance, the City Council approves and adopts the updated city-wide speed survey, attached hereto as Exhibit "A", and incorporated by reference herein. SECTION 2. The City Council directs the City of San Jacinto Public Works Department to implement the speed limit recommendations contained within the updated city-wide speed survey. Page 1 o 3 SECTION 3. This Ordinance shall become effective thirty days (30) after the date it is approved by the City Council, but in no event before the signs indicating the approved speed limit have been posted as to each street identified in the survey. INTRODUCED at a regular meeting of the City Council of the City of San Jacinto on the 16 th day of April 2009. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Jacinto on the 21 st day of May, 2009. Ayes: Nays: Absent: Abstain: CITY OF SAN JACINTO By: Dale Stubblefield, Mayor ATTEST: Barry McClellan, City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP Jeffrey S. Ballinger, Esquire City Counsel Page 2 of 3 CERTIFICATION STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF SAN JACINTO I, Barry McClellan, City Clerk of the City of San Jacinto, do hereby certify that the foregoing Ordinance No.09-12 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 16 th day of April, 2009, and that thereafter, said Ordinance was duly adopted and passed as a regular meeting of the City Council on the day of , 2009. WITNESS MY HAND AND OFFICIAL SEAL this day of 2009. Barry McClellan, City Clerk Page 3 of 3 engineering group, inc. transportation planning • traffic engineering March 30, 2009 environmental engineering • parking studies 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 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 Iclyllwild 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, california 92660 id 949.474.0809 fax 949.474.0902 RK riverside tel 951.35 ,4.8500 fax 951.354.8501 www.rkengineer.com < Gene Kim, E.I.T. Engineer Sincerely, RK ENGINEERING G v- Robert Kahn, P.q Principal Attachments (0 11.----- , -- ) r.i No. 0555 rini Exp. 12/3i /09 li ik:71 . .. .., 9 F C As0' • 9". 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. RK.GK:rd RK7165 2 N.0328-2008-09 Table I 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 Exprvsw.a.,. dl 11.1,16.2.1d _ N/A 30 30 10 21 30 15% 85114 putt iMiLE, 1C MPH PACI SPEED Bold it:Lima:L.:a change in speed ltmtt tspe,ed nents not posted Sincerely, RK ENGINEERING G I Ct. Robert Kahn, Principal Attachments Eli 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. Gene Kim, E.I.T-.- Engineer IL RK:GK:rd/RK7060 JN:0328-2008-09 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 O 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 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: . 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. 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 2B.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 50 th 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: Ch ase 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 fade 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 fade 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 85t h 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 85t h 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 85t h 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 85 th percentile speed. 5-3 Hewitt Avenue Segment 7: Hewitt Avenue is a secondary street with a curb to curb width o f 4 0 f e e t 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 85 th percentile speed and 10 mile per hour pace speed. Segment 8: Hewitt Avenue is a secondary street with a curb to curb width o f 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 85t h percentile and 10 mile per hour pace speed, Idvilwild Drive Segment 9: IdylIwild Drive is a collector street with a curb to curb width o f a t l e a s t 4 2 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 f e e t b e t w e e n 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 85' percentile speed. Lyon 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 85 th 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. Potter Road 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 85 th 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 sp limit remains as 50 mph due to the 85 11 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 85t h percentile speed. 7 th Street Segment 1 7: 7 th 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' percentile speed and 10 mile per hour pace speed. Segment 18: 7t h Street is a secondary street with a curb to curb width of 60 feet betwet.,, 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 85' percentile speed and 10 mile per hour pace speed. Segment 19: 7t 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 85 th 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 th Street. The posted speed limit in portions of this segment is 45 mph. The recommended speed limit shall remain 45 mph due to the 85 th 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 85 th 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 85 th percentile speed and 10 mph pace speed. 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 fade 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 85" 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 7 th 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 85' percentile speed. Segment 28: Mountain Avenue is an urban arterial v_v_i_th 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 85t h percentile speed. 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 -r-effi.eriia—a4s 6%4/61 e4 55 mph due to the 85 th 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 85 th 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 7 th Street. There is no posted speed limit that exists at this roadway segment. The recommended speed limit is 40 mph due to the 85 th 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 85 th 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 85' 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 85' percentile speed and 10 mph pace speed, Shaver Street Segment 35: Shaver Street is a secondary roadway with a curb to curb width that varie_ 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 85' percentile speed. 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 85 th percentile speed and 10 mph pace speed. ATTACHMENTS: Ordinance No. 09-15 Page 1 of 1 AGENDA ITEM 3-10 May 21, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Tim Hults, Assistant City Manager SUBJECT: Second reading of Ordinance to regulate the land application of sludge and manure RECOMMENDATION: Staff recommends that the City Council, by motion, conduct the second reading to adopt Ordinance No. 09-15 and by further motion read by title only: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ESTABLISHING CHAPTER 8.64 OF THE SAN JACINTO MUNICIPAL CODE PERTAINING TO THE LAND APPLICATION OF SEWAGE SLUDGE AND MANURE BACKGROUND: On May 7, 2009, Council approved the introduction and the first reading, by a 4-0 vote, of the attached Ordinance to regulate the land application of sludge and manure. DISCUSSION: The ordinance will prohibit the land application of sludge and regulate the land application of manure. The land application of manure would be authorized in limited circumstances. For instance, land application of manure would be allowed on agricultural sites operated in conjunction with a public school with a recognized agricultural training program or curriculum; on tree or vine farming operations; and on operating farms which meet certain conditions, such as being 5 acres or larger, located not less than 1/4 mile from a school and 1/2 mile from a sensitive receptor such as a convalescent hospital. In the case of operating farms, prior to the land application of the manure the site must be registered with the Planning Director. FISCAL IMPACT: This ordinance will result in costs for enforcement of the manure registration and application standards. However, there are provisions for fines and cost recovery for violations of the proposed ordinance. STATE OF CALIFORNIA ) ORDINANCE NO. 09-15 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ESTABLISHING CHAPTER 8.64 OF THE SAN JACINTO MUNICIPAL CODE PERTAINING TO THE LAND APPLICATION OF SEWAGE SLUDGE AND MANURE WHEREAS, the unrestricted land application of sewage sludge and/or manure can lead to noxious odors and pest control concerns; and WHEREAS, the unrestricted land application of sewage sludge and/or manure can introduce inappropriate pathogens that can enhance the potential for disease transmission; and WHEREAS, the unrestricted land application of sewage sludge and/or manure can introduce heavy metals and other potentially toxic substances into the soil; and WHEREAS, the unrestricted land application of sewage sludge and/or manure can introduce detrimental levels of nitrogen and phosphorus into the soil negatively impacting water quality; and WHEREAS, the City Council hereby expresses its intent to establish prohibitions and controls on the land application of sewage sludge and/or manure. THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 8.64 of the San Jacinto Municipal Code is hereby established as follows: "Chapter 8.64 LAND APPLICATION SLUDGE AND MANURE 8.64.010 Short title. This chapter shall be known as the sludge and manure control ordinance of the city. 8.64.020 Definitions. For the purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows: "Department" shall mean the Community Development Department of the City of San Jacinto. "Director" shall mean the Planning Director of the City of San Jacinto. "Land application" shall mean the spraying or spreading of sludge or manure onto the land surface, the injection of sewage sludge or manure below the surface, or the deposit, release, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, burying or disposal into the environment of sewage sludge or manure into the soil so that it can either condition the soil or fertilize crops or vegetation grown in the soil. "Land owner" shall mean any person, firm, company, business, city, county, district, sole proprietor, partnership, joint venture, trust, association, limited liability corporation, corporation (whether profit or non-profit), or any other entity that owns, leases, occupies, rents, is authorized by the property owner to conduct farming activities or otherwise controls real property within the City of San Jacinto. "Manure" shall mean any bulk, unbagged substances composed primarily of animal excrement (excluding human excrement). "Quality manure" shall mean manure that is not tainted by the incorporation of foreign material (including sewage sludge). Quality manure shall not contain solid, hazardous, or medical wastes. "Sewage sludge" shall mean solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Sewage sludge includes, but is not limited to, domestic septage; scum or solids removed in primary, secondary, or advanced wastewater treatment processes; and a material derived from sewage sludge. Sewage sludge does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works. Sewage sludge, as used in this article, excludes biosolid products that are in a bag or container packaged for routine retail sales through regular retail outlets which are primarily used for residential landscaping. 8.64.030 PROHIBITIONS. A. Prohibition of land application of sludge. No person shall engage in the land application or to cause, suffer, or permit, dump, (including by abandonment or discarding) of any sewage sludge upon, into or under any premises within the City of San Jacinto. B. Prohibition of land application of manure. It shall be unlawful for any person to apply manure to any land within the City of San Jacinto unless the requirements of this chapter are met. 8.64.040 EXEMPTIONS. Exemptions to the land application of manure. The following sites are exempted from the prohibition of the land application of manure. A. Agricultural sites operated in conjunction with a public school with a recognized agricultural training program or curriculum. B. A tree or vine farming operation considered active by the Planning Director. C. Operating farms which meet all of the following conditions: 1. The site or sites have been registered with the Planning Director, using criteria including, but not limited to that below. An application for approval to apply manure pursuant to these Exemptions shall be filed with the Planning Director on forms provided by his/her office. 2. The site has a minimum of 5 acres of tillable soil or as otherwise accepted by the Planning Director. 3. There is a distance not less than 1/4 mile from all public schools in session during the time in which manure is to be applied and incorporated. 4. The manure application is conducted by or for the operating farm using only quality manure. 8.64.050 STANDARDS FOR MANURE USE AT APPROVED SITES Application restrictions. A. Manure shall not be transported or applied to sites located less than 1/4 mile from a public school on days when that school is in session. Manure shall not be transported or applied to sites located less than 1/2 mile from sensitive receptors such as senior care facilities, senior restricted communities, or hospitals. C. Manure shall not be applied within 100 feet of any well. D. Manure shall be spread evenly across the entire site. E. Upon application, manure shall be incorporated into the soil by discing or other suitable tillage within the timelines set forth below. Manure incorporation shall be thorough, to a depth of not less than six inches. 1. Less than 20 acres: Within 48 hours of delivery. 2. Greater than 20 acres: Within seven days of delivery. F. Manure shall not be applied in wet or windy conditions (over five mph) or in any other condition which would inhibit effective incorporation into the soil. G. Manure delivery shall not take place until at least a 48-hour notice is given to the Planning Director (excluding weekends and legal holidays). This shall be done by either fax or through hand delivery. 8.64.060 VIOLATIONS A. Fines. Violations by any person, firm, partnership, association, or corporation of any of the provisions of this division constitutes an infraction or misdemeanor as hereinafter specified. Each day of infraction shall be considered a separate offense. Upon conviction thereof, the person or entity shall be subject to a fine of $250.00 for the first violation, $500.00 dollars for the second violation within the same one year period, and fines of $1,000.00 for each additional violation within the same one year period, or other fines as established by state law. Fourth and additional violations shall each constitute a misdemeanor and shall be punishable by a fine of $2,500.00, six months in jail, or both. Payment of any penalty provided herein shall not relieve the person, as defined, of the responsibility of correcting the conditions considered as a separate and distinctive offense. B. Cost recovery. Any additional remedies, penalties, and procedures for violations of this ordinance shall be recovered by the City in accordance with the San Jacinto Municipal Code. C. Public nuisance declaration. Any violation of this article is hereby deemed to be a public nuisance and may be abated or enjoined by the city, irrespective of any other remedy herein." Section 2. 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 3. Effective Date. This ordinance shall take effect and be in full force on the thirtieth (30 th ) day from and after its second reading. Passed, approved and adopted at a regular meeting of said City Council on the 21st day of May, 2009, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By Dale Stubblefield, Mayor ATTEST: Barry McClellan, City Clerk APPROVED AS TO FORM: Jeffrey S. Ballinger Best Best & Krieger LLP CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) City Clerk of the City of Jacinto, hereby certify that the foregoing is a true copy of Ordinance No. 09-15 introduced at a regular meeting held on the 7 th day of May, 2009 and duly adopted by the City Council of the City of San Jacinto, California at a regular meeting thereof held the day of , 2009. WITNESS my hand and official seal of the City of San Jacinto this day of , 2009. City Clerk Approvals City Manager: &) Finance Direct AGENDA ITEM 3, ll May 21, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Mike Emberton, Public Works Director SUBJECT: Ordinance No. 09-16 to Regulate Water Conservation and Water Supply Shortages. RECOMMENDATION: Staff recommends that the City Council, by motion, conduct the second reading to adopt Ordinance No. 09-16 and by further motion read by title only: AN ORDINANCE OF THE CITY COUNCIL OF SAN JACINTO AMENDING SECTION 13.04.070 OF CHAPTER 13.04 OF THE CITY OF SAN JACINTO MUNICIPAL CODE ESTABLISHING WATER CONSERVATION AND WATER SUPPLY SHORTAGE PROGRAM AND REGULATIONS BACKGROUND: On May 7, 2009, Council approved the introduction and the first reading, by a 4-0 vote, of the attached Ordinance to regulate the land application of sludge and manure. DISCUSSION: The proposed ordinance seeks to establish a water conservation and water supply shortage program. In general, it is in the best interest of the city to establish these types of programs so we can do our part to conserve this diminishing resource and ensure adequate supply for the future. The proposed ordinance seeks to establish Permanent Water Conservation Requirements as well as to establish Level 1; 2; 3 Water Supply Shortage standards. FISCAL IMPACT: This ordinance will result in minimal costs for enforcement of the water waste standards. However, there are provisions for fines and cost recovery for violations of the proposed ordinance. Page 1 of 2 ATTACHMENTS: 1. Proposed Ordinance No. 09-16 2. Ordinance 09-16 Summary Table Page 2 of 2 STATE OF CALIFORNIA ) ORDINANCE NO. 09-16 COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) AN ORDINANCE OF THE CITY COUNCIL OF SAN JACINTO AMENDING SECTION 13.04.070 OF CHAPTER 13.04 OF THE CITY OF SAN JACINTO MUNICIPAL CODE ESTABLISHING WATER CONSERVATION AND WATER SUPPLY SHORTAGE PROGRAM AND REGULATIONS WHEREAS, water is Riverside County's most precious natural resource; and WHEREAS, a reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of the southern California region; and WHEREAS, Southern California is a semi-arid region and is largely dependent upon imported water supplies. A growing population, climate change, environmental concerns, and other factors in other parts of the State and western United States, make the region highly susceptible to water supply reliability issues; and WHEREAS, residents, governments, businesses, and agriculture must work together to ensure the efficient use of water in homes, landscapes, public facilities and businesses; and WHEREAS, Riverside County, water agencies and municipal governments are committed to the development and implementation of water conservation and supply shortage guidelines; and WHEREAS, the City of San Jacinto has developed and adopted water conservation and water supply shortage program and regulations. THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 13.04070 of Chapter 13.04 of the San Jacinto Municipal Code is hereby amended in its entirety to read as follows: "13.040.070 A. Findings 1. A reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of the southern California region. 2. Southern California is a semi-arid region and is largely dependent upon imported water supplies. A growing population, climate change, environmental concerns, Page 1 of 13 and other factors in other parts of the State and western United States, make the region highly susceptible to water supply reliability issues. 3. Careful water management that includes active water conservation measures not only in times of drought, but at all times, is essential to ensure a reliable minimum supply of water to meet current and future water supply needs. 4. Article X, Section 2 of the California Constitution declares that the general welfare requires that water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use of water be prevented, and conservation of water be fully exercised with a view to the reasonable and beneficial use thereof. 5. Article XI, Section 7 of the California Constitution declares that a city or county may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws. 6. California Water Code section 375 authorizes water suppliers to adopt and enforce a comprehensive water conservation program to reduce water consumption and conserve supplies. 7. The adoption and enforcement of a water conservation and supply shortage program is necessary to manage the City of San Jacinto's potable water supply in the short and long-term and to avoid or minimize the effects of drought and shortage within the City of San Jacinto. Such program is essential to ensure a reliable and sustainable minimum supply of water for the public health, safety and welfare. B. Declaration of Purpose and Intent. 1. The purpose of this chapter is to establish a water conservation and supply shortage program that will reduce water consumption within the City of San Jacinto through conservation, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, and maximize the efficient use of water within the City of San Jacinto to avoid and minimize the effect and hardship of water shortage to the greatest extent possible. 2. This chapter establishes permanent water conservation standards intended to alter behavior related to water use efficiency at all times and further establishes three levels of water supply shortage response actions to be implemented during times of declared water shortage or declared water shortage emergency, with increasing restrictions on water use in response to worsening drought or emergency conditions and decreasing supplies. C. Definitions. 1. The following words and phrases whenever used in this chapter have the meaning defined in this section: "Billing unit" means the unit of water used to apply water rates for purposes of calculating water charges for a persons water usage. Page 2 of 13 "Landscape irrigation system" means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system. "Large landscape areas" means a lawn, landscape, or other vegetated area, or combination thereof, equal to more than one (1) acre of irrigable land. "Person" means any natural person or persons, corporation, public or private, governmental agency or institution, including all agencies and departments of City of San Jacinto, or any other user of water provided by the City of San Jacinto. "Potable water" means water which is suitable for drinking. "Recycled water" means the reclamation and reuse of non-potable water for beneficial use as defined in Title 22 of the California Code of Regulations. "Single pass cooling systems" means equipment where water is circulated only once to cool equipment before being disposed. D. Application 1. The provisions of this section apply to any person in the use of any potable water provided by the City of San Jacinto. 2. The provisions of this chapter do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire and other similar emergency services. 3. The provisions of this chapter do not apply to the use of recycled water. 4. The provisions of this section do not apply to the use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale. 5. This section is intended solely to further the conservation of water. It is not intended to implement any provision of federal, State, or local statutes, ordinances, or regulations relating to protection of water quality or control of drainage or runoff. Refer to the local jurisdiction or Regional Water Quality Control Board for information on any stormwater ordinances and stormwater management plans. E. Permanent Water Conservation Requirements — Prohibition Against Waste The following water conservation requirements are effective at all times and are permanent. Violations of this section will be considered waste and an unreasonable use of water. 1. Limits on Watering Hours: Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 9:00 a.m. and 5:00 p.m., Pacific Standard Time on any day, except by use of a hand- held bucket or similar container, a hand-held hose equipped with a positive self- Page 3 of 13 closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. 2. Limit on Watering Duration: Watering or irrigating of lawn, landscape or other vegetated area with potable water using a landscape irrigation system or a watering device that is not continuously attended is limited to no more than fifteen (15) minutes of watering per day per station. This subsection does not apply to landscape irrigation systems that exclusively use very low-flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. 3. No Excessive Water Flow or Runoff: Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited. 4. No Washing Down Hard or Paved Surfaces: Washing down hard or paved surfaces, walls, roofs, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off device, a low-volume, high-pressure cleaning machine equipped to recycle any water used, or a low-volume high-pressure water broom. 5. Obligation to Fix Leaks, Breaks or Malfunctions: Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected and in no event more than 72 hours of receiving notice from the City of San Jacinto, is prohibited. 6. Re-circulating Water Required for Water Fountains and Decorative Water Features: Operating a water fountain or other decorative water feature that does not use re-circulated water is prohibited. 7. Limits on Washing Vehicles: Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not is prohibited, except by use of a hand-held bucket or similar container or a hand-held hose equipped with a positive self- closing water shut-off nozzle or device. This subsection does not apply to any commercial car washing facility. 8. Drinking Water Served Upon Request Only: Eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public place where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested. Page 4 of 13 9. Commercial Lodging Establishments Must Provide Guests Option to Decline Daily Linen Services: Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language. 10. No Installation of Single Pass Cooling Systems: Installation of single pass cooling systems is prohibited in buildings requesting new water service. 11. No Installation of Non-re-circulating in Commercial Car Wash and Laundry Systems: Installation of non-re-circulating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems. 12. Restaurants Required to Use Water Conserving Dish Wash Spray Valves: Food preparation establishments, such as restaurants or cafes, are prohibited from using non-water conserving dish wash spray valves. 13. Commercial Car Wash Systems: Effective on January 1, 2010 all commercial conveyor car wash systems must have installed operational re- circulating water systems, or must have secured a waiver of this requirement from the City of San Jacinto. F Level 1 Water Supply Shortage 1. A Level 1 Water Supply Shortage exists when the City Manager of the City of San Jacinto determines, in his/her sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the City of San Jacinto of a Level 1 Water Supply Shortage condition, the City of San Jacinto will implement the mandatory Level 1 conservation measures identified in this section. 2. Additional Water Conservation Measures: In addition to the prohibited uses of water identified in Section E, the following water conservation requirements apply during a declared Level 1 Water Supply Shortage: a. Limits on Watering Days: Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to three days per week on a schedule established and posted by the City of San Jacinto. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the City of San Jacinto. This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand- Page 5 of 13 held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. b. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within seventy-two (72) hours of notification by the City of San Jacinto unless other arrangements are made with the City of San Jacinto. G. Level 2 Water Supply Shortage 1. A Level 2 Water Supply Shortage exists when the City Manager of the City of San Jacinto determines, in his/her sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the City of San Jacinto of a Level 2 Water Supply Shortage condition, the City of San Jacinto will implement the mandatory Level 2 conservation measures identified in this section. 2. Additional Conservation Measures: In addition to the prohibited uses of water identified in Section E and F the following additional water conservation requirements apply during a declared Level 2 Water Supply Shortage: a. Watering Days: Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to two days per week on a schedule established and posted by the City of San Jacinto. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the City of San Jacinto. This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand- held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. b. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within forty-eight (48) hours of notification by the City of San Jacinto unless other arrangements are made with the City of San Jacinto. Page 6 of 13 c. Limits on Filling Ornamental Lakes or Ponds: Filling or re-filling ornamental lakes or ponds is prohibited, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to declaration of a supply shortage level under this ordinance. d. Limits on Washing Vehicles: Using water to wash or clean a vehicle, including but not limited to, any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not, is prohibited except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, by high pressure/low volume wash systems, or at a commercial car washing facility that utilizes a re-circulating water system to capture or reuse water. e. Limits on Filling Residential Swimming Pools & Spas: Re-filling of more than one foot and initial filling of residential swimming pools or outdoor spas with potable water is prohibited. H. Level 3 Water Supply Shortage — Emergency Condition 1. A Level 3 Water Supply Shortage condition is also referred to as an "Emergency" condition. A Level 3 condition exists when the City Manager of the of City of San Jacinto declares a water shortage emergency and notifies its residents and businesses that a significant reduction in consumer demand is necessary to maintain sufficient water supplies for public health and safety. Upon the declaration of a Level 3 Water Supply Shortage condition, the City of San Jacinto will implement the mandatory Level 3 conservation measures identified in this section. 2. Additional Conservation Measures: In addition to the prohibited uses of water identified in Section E, F, and G, the following water conservation requirements apply during a declared Level 3 Water Supply Shortage Emergency: a. No Watering or Irrigating: Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited. This restriction does not apply to the following categories of use, unless the City of San Jacinto has determined that recycled water is available and may be applied to the use: (1) Maintenance of vegetation, including trees and shrubs, that are watered using a hand-held bucket or similar container, hand- held hose equipped with a positive self—closing water shut-off nozzle or device; (2) Maintenance of existing landscape necessary for fire protection; Page 7 of 13 (3) Maintenance of existing landscape for soil erosion control; (4) Maintenance of plant materials identified to be rare or essential to the well-being of protected species; (5) Maintenance of landscape within active public parks and playing fields, day care centers, golf course greens, and school grounds, provided that such irrigation does not exceed two (2) days per week. (6) Actively irrigated environmental mitigation projects. b. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within twenty four (24) hours of notification by the City of San Jacinto unless other arrangements are made with the City of San Jacinto. c. No New Potable Water Service: Upon declaration of a Level 3 Water Supply Shortage Emergency condition, no new potable water service will be provided, no new temporary meters or permanent meters will be provided, and no statements of immediate ability to serve or provide potable water service (such as, will-serve letters, certificates, or letters of availability) will be issued, except under the following circumstances: A valid, unexpired building permit has been issued for the project; or The project is necessary to protect the public health, safety, and welfare; or The applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the City of San Jacinto. This provision does not preclude the resetting or turn-on of meters to provide continuation of water service or the restoration of service that has been interrupted for a period of one year or less. d. Limits on Building Permits: The City of San Jacinto will limit or withhold the issuance of building permits which require new or expanded water service, except to protect the public health, safety and welfare, or in cases which meet the City of San Jacinto's adopted conservation offset requirements. Page 8 of 13 e. Discontinue Service: The City of San Jacinto, in its sole discretion, may discontinue service to consumers who willfully violate provisions of this section. f. No New Annexations: Upon the declaration of a Level 3 Water Supply Shortage condition, the City of San Jacinto will suspend consideration of annexations to its service area. This subsection does not apply to boundary corrections and annexations that will not result in any increased use of water. I. Procedures for Determination / Notification of Water Supply Shortage 1. Declaration and Notification of Water Supply Shortage: The existence of Level 1, Level 2 or Level 3 Water Supply Shortage conditions may be declared by resolution of the City of San Jacinto adopted at a regular or special public meeting held in accordance with State law. The mandatory conservation requirements applicable to Level 1, Level 2 or Level 3 conditions will take effect on the tenth day after the date the shortage level is declared. Within five (5) days following the declaration of the shortage level, the City of San Jacinto must publish a copy of the resolution in a newspaper used for publication of official notices. If the City of San Jacinto activates a water allocation process, it must provide notice of the activation by including it in the regular billing statement or by any other mailing to the address to which the City of San Jacinto customarily mails the billing statement for fees or charges for on-going water service. A water allocation will be effective on the fifth day following the date of mailing or at such later date as specified in the notice. 2. Mandatory Percentage Use Reductions: During a Level 3 Water Supply Shortage condition, all customers will be required to reduce water consumption by a percentage determined by the City Manager of the City of San Jacinto. J. Hardship Waiver 1. Undue and Disproportionate Hardship: If, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water users, then the person may apply for a waiver to the requirements as provided in this section. 2. Written Finding: The waiver may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user's property. Page 9 of 13 a. Application: Application for a waiver must be on a form prescribed by the City of San Jacinto and accompanied by a non-refundable processing fee set by the fee schedule of the City of San Jacinto. b. Supporting Documentation: The application must be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant. c. Required Findings for Waiver: An application for a waiver will be denied unless the City of San Jacinto finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the City of San Jacinto or its Agent, all of the following: (1) That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses; (2) That because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property or use that exceeds the impacts to residents and businesses generally; (3) That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the City of San Jacinto to effectuate the purpose of this chapter and will not be detrimental to the public interest; and (4) That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent or general in nature. 3. Approval Authority: The Finance Director, or appointed designee must act upon any completed application no later than ten (10) days after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver must be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved, the waiver will apply too the subject property during the period of the mandatory water supply shortage condition. The decision of the Finance Director, or appointed designee is final. K. Penalties and Violations 1. Misdemeanor: Any violation of this section may be prosecuted as a misdemeanor punishable by imprisonment in the county jail for not more than thirty (30) days, or by a fine not exceeding one thousand dollars ($1,000), or by both. Page 10 of 13 2. Penalties: Penalties for failure to comply with any provisions of the section are as follows: a. First Violation: The City of San Jacinto will issue a written warning and deliver a copy of this section by mail. b. Second Violation: A second violation within the preceding twelve (12) calendar months is punishable by a fine not to exceed twenty five dollars ($25). c. Third Violation: A third violation within the preceding twelve (12) calendar months is punishable by a fine not to exceed one hundred dollars ($100). d. Fourth and Subsequent Violations: A fourth and any subsequent violation is punishable by a fine not to exceed five hundred dollars ($500). (1) Water Flow Restrictor: In addition to any fines, the City of San Jacinto may install a water flow restrictor device of approximately one gallon per minute capacity for services up to one and one-half inch size and comparatively sized restrictors for larger services after written notice of intent to install a flow restrictor for a minimum of forty eight (48) hours. e. Discontinuing Service: In addition to any fines and the installation of a water flow restrictor, the City of San Jacinto may disconnect a customer's water service for willful violations of this section and adequate notice to the customer. 3. Cost of Flow Restrictor and Disconnecting Service: A person or City of San Jacinto that violates this ordinance is responsible for payment of the City of San Jacinto's charges for installing and/or removing any flow restricting device and for disconnecting and/or reconnecting service per the City of San Jacinto's schedule of charges then in effect. The charge for installing and/or removing any flow restricting device must be paid to the City of San Jacinto before the device is removed. Nonpayment will be subject to the same remedies as nonpayment of basic water rates. 4. Separate Offenses: Each day that a violation of this ordinance occurs is a separate offense. 5. Notice and Hearing: a. The City of San Jacinto will issue a Notice of Violation by mail or personal delivery at least ten (10) days before taking enforcement action. Such notice must describe the violation and the date by which corrective action must be taken. A customer may appeal the Notice of Violation by filing a written notice of appeal with the City of San Jacinto no later than Page 11 of 13 the close of business on the day before the date scheduled for enforcement action. Any Notice of Violation not timely appealed will be final. Upon receipt of a timely appeal, a hearing on the appeal will be scheduled, and the City of San Jacinto will mail written notice of the hearing date to the customer at least ten (10) days before the date of the hearing. b. Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the City of San Jacinto may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water Level condition. Severability If any section, subsection, sentence, clause or phrase in this section is for any reason held invalid, the validity of the remainder of the chapter will not be affected. The City Council of the City of San Jacinto hereby declares it would have passed this chapter and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or is declared invalid." Section 2. Effective Date. This ordinance shall take effect and be in full force on the thirtieth day (30 th ) day from and after its second reading. INTRODUCED at a regular meeting of said City Council on the 7th day of May, 2009, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By Dale Stubblefield, Mayor ATTEST: Barry McClellan, City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP Jeffrey S. Ballinger, City Attorney Page 12 of 13 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) I, Barry McClellan hereby certify that the attached is a true copy of Ordinance No. introduced by the City Council of the City of San Jacinto, California, at a regular meeting held the day of , 2009. Ordinance was approved, passed and adopted at a regular meeting of the San Jacinto City Council held the day of , 2009. WITNESS my hand and official seal of the City of San Jacinto this , 2009. day of Barry McClellan, City Clerk City of San Jacinto Page 13 of 13 WATER CONSERVATION ORDINANCE SUMMARY TABLE Permanent Level 1 Level 2 Level 3 — Emergency Additional Emergenc) Measures if Needed Restrictions Same as Permanent + Same as Permanent & Level 1 + Same as Permanent, Level 1 & Level 2 + o No Watering: o Watering limited to 3 o Watering limited to 2 o No watering or 9am-5pm, except by days a week days a week irrigating with certain exceptions hand o Fix leaks within 72 o Fix leaks within 48 o Irrigation system limit hours hours o No filling or re-filling o Fix leaks within 24 hours o of 15 minutes No excessive ornamental lakes or ponds o No new potable water service water flow or runoff o Wash vehicles only at car wash with re- circulating system o No new annexations to service areas o o No washing down hard or paved surfaces Obligation to fix leaks in reasonable time (within o No filling residential pools or outdoor spas o o Limit or withhold building permits No new annexations o o o o 7 days of notice) Fountains only with re- circulating water Wash vehicles only with bucket or shut-off nozzle Restaurants only serve water on request Hotels must provide guests option o to not launder linen daily No installation of single- pass cooling systems Same as Permanent Same as Permanent Same as Permanent o No installation of non re- circulating car wash systems o Restaurants must use conserving nozzles o Commercial Car Wash Systems use Re- Circulating by Jan. 1, Penalties o Fines, flow restrictor or disconnect service after 4th violation o Misdemeanor o Reporting mechanism 2 AGEVDA ITEM S 12- May 21, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Connie Rogers-Elmore, Interim Finance Director' VIA: Sandy McKay, Special Districts Administrator SUBJECT: Resolution for LLPD No. 2 Annual Assessments for FY 2009-10 RECOL:ViLEADATION: Staff recommends that the City Council, by motion, approve and adopt the following Resolution of Initiation ordering the District Engineer to prepare and file a report related to the maintenance of public improvements in the City of San Jacinto LLPD No. 2 for the FY 2009-2010 Property Tax Roll. BACKGROUND: The Assessment District is divided among the original area and 84 annexation areas called zones with assessments involving over 7,391 individual parcels. A Resolution of Initiation sets the assessment procedure in action for the FY 2009-2010 tax roll to be adopted on or about July 2009. Staff will present, when available, the Engineer's Report for approval and set a public hearing date for any public input. Should there be no majority protest, City Council may then adopt a resolution confirming a diagram and authorizing the levy of assessments in LLPD No. 2 at a subsequent meeting. LLPD No. 2 is a post Proposition 218 district. In future years, assessments could be increased by the CPI, not to exceed 7.5%, but never above the actual costs incurred to maintain the facilities of the district. JUSTIFICATION: Initiates work on the annual assessment district levy required by California Streets and Highways Code, Section 22622. BUDGETARY IMPACT: None Approvals City Manager: fi ATTACHMENTS: Finance Director/. Resolution of Initiation-LLPD No. 2 Resolution No. Page 1 of 1 STATE OF CALIFORNIA) RESOLUTION NO: COUNTY OF RIVERSIDE)ss CITY OF SAN V,CINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, INITIATING PROCEEDINGS PURSUANT TO THE LANDSCAP.E AND LIGHTING ACT OF 1972 FOR THE LEVY AND COLLECTION OF THE ANNUAL i-.SSESSMENTS AND ORDERING THE DISTRICT'S ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2, AND ANY ASSESSrINT THEREON FOR FISCAL YEAR 2009-10 (LLPD NO. 2, FY 09-10 LEVY) WHEREAS, heretofore the City of San Jacinto Landscaping, Lighting and Park District No.2 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code ( §22500, et. seq.); and WHEREAS, California Streets and Highways Code §22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the District's Engineer to prepare and file a report related to annual maintenance and assessment in such a district; and WHEREAS, no new improvements or substantial changes in existing improvements are proposed for said Landscaping, Lighting and Park District No. 2 (LLPD No. 2); and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto, as follows: Section 1: The Recitals, as set forth in this Resolution, are in all respects true and correct. Section 2: The City Engineer, or designated District Engineer, hereby is ordered and directed to prepare an annual report as specified in California Streets and Highways Code §§22565, et. seq., with respect to City of San Jacinto Landscaping, Lighting and Park District No.2 for Fiscal Year 2009-10. Page 1 of 2 Section 3: The City Clerk shall certify to the adoption of this Resolution. APPROVED, SIGNED and ADOPTED this 21 st day of May, 2009. City of San Jacinto By: Dale Stubblefield, Mayor ATTEST: Barry McClellan, City Clerk APPROVED AS TO FORM: Best, Best & Krieger City Attorney, City of San Jacinto CERTIFICATE I, Barry McClellan, City Clerk of the City of San Jacinto, do certify that the foregoing Resolution No. was passed, adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 21 st day of May 2009, by the following vote: AYES: NAYS: ABSENT: ABSTAINED: WIThES3 EY HA.r•slo OFFICIAL San_ this 21 st day of January, 2009. Barry McClellan, City Clerk City of San Jacinto State of California Page 2 of 2 Page 1 of 2 AGENDA ITEM 3.1 May 21, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Mike Emberton, Public Works Director SUBJECT: Western Riverside Council of Governments (WRCOG) — Clean Cities Program RECOMMENDATION: Authorize the City Manager to sign and execute an agreement for professional consultant services for Western Riverside Council of Governments Clean Cities Program; and further authorize the Finance Director to appropriate $1,000 in the current year AQMD fund. The annual $6,000 cost for FY09-10 will be included in the proposed budget. BACKGROUND: In Western Riverside County, WRCOG has taken a leadership role in coordinating the Clean Cities Coalition, a public-private partnership dedicated to achieving air quality, energy security, economic development, and transportation goals. The Clean Cities Program was created in 1992, and is sponsored by the U.S. Department of Energy. The mission of the Clean Cities Program is to enhance our nation's energy security and air quality by supporting public and private partnerships that deploy clean-burning alternative fueled vehicles (AFV's) and build their associated fueling infrastructure. In contrast to traditional command-and-control programs, Clean Cities takes a voluntary approach to AFV development, working with coalitions of local stakeholders to help develop the AFV industry. The program depends on strong local initiatives to build alternative fuels markets, offering participants opportunities to address problems unique to their cities and fostering partnerships to help overcome them. Since 1997, Western Riverside County Clean Cities Coalition has helped local jurisdictions acquire more than 2,500 alternative fuel vehicles, as well as fund numerous compressed natural gas (CNG), liquefied natural gas (LNG), propane, and hydrogen stations. Clean Cities also monitors legislation to improve air quality, most recently focusing on emissions generated by rail operations. DISCUSSION: As part of the WRCOG Clean Cities Program, the City of San Jacinto will have access to immediate uses of the services which are detailed in "Exhibit A: Scope of Services" within the WRCOG agreement. A few services which the City could immediately tap into are: • Grant Writing Assistance • Leveraging of resources and economic development opportunities • Assistance with AB 2766 annual reporting • City's name and logo on Coalition's letterhead, brochures and outreach materials. • Access to a regional network of air quality, alternative fuels, and technical experts • Legislative Alerts as they relate to air quality and alternative fuels • Pooled grant opportunities such as the one listed below As a Clean Cities member, the City of San Jacinto will be eligible to be included in a current grant solicitation from the Department of Energy, which is Due May 29, 2009. In March 2009, the Department of Energy (DOE) received appropriations from the American Recovery and Reinvestment Act Funding of 2009 to fund cost- shared projects that expand the use of alternative fuel and advanced vehicle technologies including the installation or acquisition of infrastructure necessary to directly support these vehicles. This is a 50% cost share proposal for alternative fueled infrastructure needs and 100% incremental cost differential on alternative fueled and hybrid vehicles. An example of these pooled resources would be the City of San Jacinto exploring a partnership with the San Jacinto Unified School District regarding the feasibility of a shared Compressed Natural Gas Station. ALTERNATIVES: 1. Approve 2. Deny 3. Provide staff with further direction FISICAL IMPACT: The City's participation in the WRCOG Clean Cities Program would require a commitment of $6,000 annually to pay for member dues. The FY 09/10 (July 1, 2009 through June 30, 2010) funding from Air Quality Management Funds (AQMD) will be included in the proposed annual budget. Funding for the current year prorated fee (two months) of $1,000 requires an additional appropriation of AQMD Fund 63 monies. ATTACHMENTS: • Agreement for Professional Consultant Services for WRCOG Clean Cities Program Page 2 of 2 AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES FOR WESTERN RIVERSIDE COUNTY CLEAN CITIES PROGRAM (Western Riverside Council of Governments) THIS AGREEMENT is made and entered into this day of 2009, by and between the City of San Jacinto, a municipal corporation, hereinafter referred to as "City," and the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS, a joint powers authority, located at 4080 Lemon Street, Riverside, California, hereinafter referred to as "WRCOG", with respect to the following facts: RECITALS: WHEREAS, City's mission is to take a leadership role in coordinating efforts between government and industry to recognize the value of partnership in achieving air quality, energy security, economic development, and transportation goals; and WHEREAS, City participates in planning and implementation activities including, preparation of agendas, meetings, minutes, newsletters, dissemination of infoimation, program monitoring, status reports to the Department of Energy; grant applications for vehicle fleet conversion, and development of clean fuel infrastructure; and WHEREAS, WRCOG will furnish staff support services to City with respect to the Clean Cities Program; and WHEREAS, City is in need of continuing to receive the expertise of WRCOG staff support for this program; and WHEREAS, WRCOG has the required expertise to provide such services and is willing and able to perform such work for compensation. NOW, THEREFORE, City and Consultant agree as follows: 1. Retention of Consultant. City retains WRCOG to perform, and WRCOG agrees to render, those services (hereinafter "the services") defined in the Scope of Work attached hereto as Exhibit "A," and incorporated herein by this reference in accordance with the terms and conditions set forth herein. 2. Term. The term of this Agreement shall become effective on the date first written above, and shall remain in effect until June 30, 2010, unless otherwise amended or terminated pursuant to the provisions stated herein. 3. Personnel. WRCOG shall furnish all personnel necessary to perform the services and shall be responsible for their performance and compensation. WRCOG recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the services. The key personnel listed in Exhibit "B" attached hereto and incorporated herein by this reference and assigned to perform portions of the services shall remain assigned through completion of the services, unless otherwise mutually agreed by the parties in writing. 4. Contract Administration. A designee of the City will be appointed in writing by the City Manager to administer this Agreement on behalf of City and shall be referred to herein as Contract Administrator. 5. Compensation - Payment. In consideration for the performance of the services, City shall pay WRCOG in accordance with the terms and conditions as set forth in the attached Exhibit "C", for a total not to exceed $6,000 per fiscal year. The City may withhold payment if the City Manager reasonably finds the performance of WRCOG's services incomplete or inadequate under this Agreement and first provides WRCOG with a written explanation to WRCOG of the determination of incomplete or inadequate work and a reasonable cure period. . Only that portion of the invoice under dispute may be withheld from payment during the cure period. 6. Independent Contractor. WRCOG shall at all times during its performance of the services retain its status as independent contractor. WRCOG's employees and agents shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them. No agent, officer or employee of the City is to be considered an employee of WRCOG. It is understood by both WRCOG and City that this agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or joint venture. 7. Mutual Indemnification. WRCOG and City shall each defend, indemnify and hold the other party and its officials, officers, employees, consultants, subcontractors, volunteers and agents harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, to the extent arising out or incident to any negligent acts, omissions or willful misconduct of the indemnifying party or its officials, officers, employees, consultants, subcontractors, volunteers and agents arising out of or in connection with the performance of this Agreement, including without limitation, the payment of all consequential damages and attorneys fees and other related costs and expenses. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this Section, and that this Section shall survive the expiration or early termination of the Agreement. 8. Workers' Compensation Insurance. By executing this Agreement, WRCOG certifies that their agency is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation or to undertake self-insurance before commencing any of the work. WRCOG shall carry the insurance or provide for self-insurance required by California law to protect WRCOG from claims under the Workers Compensation Act. WRCOG's Workers' Compensation Insurance shall be issued by an insurance company authorized to transact insurance business in the State of California with a policy holder's rating of B+ or higher and a Financial Class of VII or larger. 9. Insurance. Prior to City's execution of this Agreement, WRCOG shall obtain, and shall thereafter maintain during the term of this Agreement, such commercial general and automobile liability insurance as reasonably determined by WRCOG to be neccesary to insure against damages for personal injury, including accidental death, as well as from claims for property damage which may arise from or which may concern operations by WRCOG, or by anyone directly or indirectly employed by, connected with, or acting for or on behalf of WRCOG related to the services provided by this agreement. 10. Business Tax. WRCOG understands that its performance of the services will constitute doing business in the City of San Jacinto, and it shall, therefore, register for and pay a business tax pursuant to Chapter of the City of San Jacinto Municipal Code. 11. Accounting Records. WRCOG shall maintain complete and accurate records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable. WRCOG shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. WRCOG shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 12. Time of Essence. Time is of the essence for each and every provision of this Agreement. 13. City's Right to Employ Other Consultants. City reserves the right to employ other consultants in connection with the project. 14. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, description, computer program data, input record data, written information, and other materials either created by or provided to WRCOG in connection with the performance of this Agreement shall be held confidential by WRCOG, except as otherwise directed by the Contract Administrator or mandated by other applicable law such as the California Public Records Act. Nothing furnished to WRCOG, which is otherwise known to WRCOG or is generally known, or has become known, to the related industry shall be deemed confidential. WRCOG shall not use City's name or insignia, photographs of the project, or any publicity pertaining to the services or the project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City. 15. General Compliance with Laws. WRCOG shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by WRCOG, or in any way affect the performance of services by WRCOG pursuant to this Agreement. WRCOG shall at all times observe and comply with all such laws, ordinances, and regulations and shall be responsible for the compliance of WRCOG's services with all applicable laws, ordinances and regulations. 16. Amendments This Agreement may be amended or supplemented only by written documents signed by both parties. 17. Termination. This Agreement may be terminated by either party upon thirty (30) days prior written notice to the other party. In the event of a substantial failure of performance by WRCOG, City may terminate this Agreement upon a ten (10) day written notice to WRCOG. The ten-day notice period shall be used by both parties in an attempt to negotiate resolution of disputes and remedy any breach. This Agreement may be terminated by City at any time upon written notice to WRCOG if City decides to abandon or indefinitely postpone the project. In the event of termination, City shall determine and pay to WRCOG as full payment for all work performed and all expenses incurred hereunder the amount which bears the same ratio to the maximum fee otherwise payable under this Agreement as the ratio which the work actually rendered bears to the totality of the services which would have been rendered had the Agreement been fully performed. In ascertaining the work actually rendered through the termination date, City shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivery to City. 18. Venue. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. 19. Notices. Service of any notices, bills, invoices or other documents required or permitted under this Agreement shall be sufficient if sent by one party to the other by United States mail, postage prepaid and addressed as follows: CITY Barry McClellan City Manager City of San Jacinto 595 S. San Jacinto Avenue San Jacinto, CA 92583 WRCOG Rick Bishop Executive Director Western Riverside Council of Governments 4080 Lemon Street Riverside, CA 92501 20. Successors and Assigns. It is mutually understood and agreed that this Agreement shall be binding upon City and WRCOG and their respective successors. Neither this Agreement or any part hereof nor any monies due or to become due hereunder may be assigned by WRCOG without the prior consent of the Contract Administrator. 21. Nondiscrimination. During WRCOG's performance of this Agreement, WRCOG shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex or sexual orientation, in the selection and retention of employees and subconsultants and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Further, WRCOG agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 22. Severabil4. Each provision, term, condition, covenant and/or restriction, in whole and in part, in this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, in this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement and the remainder of the Agreement shall continue in full force and effect. 23. Authority. The individuals executing this Agreement and the instruments referenced herein on behalf of WRCOG each represent and warrant that they have the legal power, right and actual authority to bind WRCOG to the terms and conditions hereof and thereof 29. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement. IN WITNESS WHEREOF City and WRCOG have caused this Agreement to be duly executed on the day and year first above written. CITY OF SAN JACINTO, a WRCOG municipal corporation By: By: City Manager [Printed Name] [Title] Attest: City Clerk By: [Printed Name] [Title] APPROVED AS TO FORM: CERTIFIED AS TO FUND AVAILABILITY:* By: By Finance Director *Not necessary if City Council approval required. EXHIBIT "A" SCOPE OF SERVICES • Access to a regional network of air quality, alternative fuels and technical experts; • Access to grants and partnership opportunities among members and vendors; • Access to fleet workshops and annual educational opportunities free or at a low cost; • Monthly Newsletters and/or Postcards; • Access to vehicle and alternative fuels performance data; • Legislative Alerts as they relate to air quality and alternative fuels; • Economic development opportunities; • Leveraging of resources and support in federal and state legislative matters, and infrastructure development; • Grant writing assistance; • Assistance with SCAQMD's AB2766 annual reporting; • Updates regarding South Coast Air Quality Management District's Fleet Rules, how they apply to local jurisdictions and the technology available to meet compliance; • E-mail updates on the latest developments in vehicle technology and alternative fuels; • Bi-monthly meetings and networking opportunities providing a forum to exchange ideas and information; • Host one of the Coalition's 6 bi-monthly meetings; • City's name and logo on Coalition's letterhead, brochures, outreach materials; • City's link on Western Riverside County Clean Cities website; • One (1) Car Care for Clean Air event; • Outreach to middle schools (presentations or participation in school's environmental fair (minimum one (1) per school year; and • Provide representation at annual Clean Cities Conference and Peer Review, and provide staff report on events. EXHIBIT "B" KEY PERSONNEL From the office of WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (WRCOG) 4080 LEMON STREET, 3 RD FLOOR RIVERSIDE, CA 92501-3679 Main Contact: Allison Ellingson, Staff Analyst assigned to Western Riverside County Clean Cities Coalition Phone (951) 955-8378 FAX (951) 787-7991 Alternate Contact: Barbara Spoonhour, Program Manager Phone (951) 955-8313 FAX (951) 787-7991 Signatory Powers Ruthanne Taylor Berger, Deputy Executive Director Western Riverside Council of Governments (951) 955-8304 FAX (951) 787-7991 Rick Bishop, Executive Director Western Riverside Council of Governments (951) 955-7985 EXHIBIT "C" COMPENSATION SCHEDULE The proposed 09/10 Air Quality budget for the Clean Cities Agreement between the City of San Jacinto and Western Riverside Council of Governments (WRCOG) is $6,000 per fiscal year. The Fund will be reviewed annually to determine expenditures. WRCOG will submit to the City an annual year-end statement of activities. WRCOG will invoice the City for the full amount of the contract or a portion thereof. City will pay full or partial payment as fund balance allows within 30 days of receipt of invoice. If payment of the invoice is delayed the Contract Administrator will notify WRCOG in writing with a revised payment date. WRCOG will maintain records of the tasks accomplished under the agreement, documenting acceptable expenditure of AB2766 funds, by the South Coast Air Quality Management District. WRCOG will allow access of records for audit, as necessary. Page 1 of 1 AGENDA ITEM 31 q May 21, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Barry McClellan, City Manager SUBJECT: Resolution Declaring Severe Fiscal Hardship RECOMMENDATION: Staff recommends that the City Council, by motion, pass the attached resolution declaring severe fiscal hardship. DISCUSSION: In order to balance the state budget, the Department of Finance proposed to the Governor to "borrow" over $2 billion in local property taxes from cities, counties and special districts, resulting in deeper cuts in local public safety and other vital service. The Governor would have to issue a proclamation declaring the existence of "severe fiscal hardship", and consequently the Legislature would have to implement the "borrowing" program. Therefore, the League of California Cities has created the attached Resolution Finding A Severe Fiscal Hardship if this proposed state property tax raid will be added to already ongoing property tax losses and other serious revenue losses due to the economic recession. The resolution explicates that it is highly irresponsible of the state to take property tax funds from already stressed city budgets (property tax losses and budget cuts the city has made and is facing). FISCAL IMPACT: The cumulative property tax losses of cities statewide starting in the early 1990s is $8.6 billion even after deducting payments cities receive from Prop. 172 public safety sales tax. The total amount the City of San Jacinto has lost to these state raids is $ - 4,846,045. Seizure of the City's property taxes, increasing unfunded state mandates, and the revenue losses due to economic downturn have placed the city's budget under serious fiscal pressure. The loss of any more property tax will deepen the financial challenge. ATTACHMENTS: 1. Memo From Chris McKenzie, Executive Director, League of California Cities, Dated May 8, 2009 2. Proposed Resolution Declaring Severe Fiscal Hardship 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org TO: City Officials FROM: Chris McKenzie, Executive Director RE: Sample Resolution Declaring Severe Fiscal Hardship DATE: Friday, May 08, 2009 Background. On May 5 the Department of Finance announced it had proposed to the Governor that the state "borrow" over $2 billion in local property taxes from cities, counties and special districts to balance the state budget, causing deeper cuts in local public safety and other vital service. In order to start that process, the Governor would have to issue a proclamation declaring the existence of a "severe fiscal hardship." The legislature would then have to implement the "borrowing" program by passing urgency legislation (2/3 vote) which identifies how the "loan" will be repaid with interest. Resolution. The League has developed the attached Resolution Finding A Severe Fiscal Hardship Will Exist if this proposed state property tax raid is added to the pressures of the ongoing property tax losses and the serious revenue losses due to the economic recession. The resolution in effect states that the idea of the state taking property tax funds from already stressed city budgets is ludicrous and irresponsible. It helps demonstrate that part of the reason cities are cutting there budgets today, in fact, is because of past and continuing property tax raids. If possible, we urge that a staff report be prepared with information on property tax losses (see below) and budget cuts the city has made and is facing. Cumulative Property Tax Losses. The attached resolution cites the cumulative property tax losses of cities statewide since the state began taking these funds in the early 1990s— which is $8.6 billion statewide even after deducting payments cities receive from the Prop. 172 public safety sales tax the state COPS grant program. If you want to see your individual city total, see: http ://vvww.californiacityfinance.com/ERAFbyCity08.pdf . Please use the figure in the last column on the right if you want to insert the amount your city has lost to these state raids. Where to Send Copies. The draft resolution directs the city clerk to send copies to your legislators, the Governor, and the League. We would appreciate you faxing copies to both your League Regional Public Affairs Manager and the League's Sacramento Office (Fax 916-658-8240). Note. The last WHEREAS clause was included on the advice of bond counsel to avoid any implication that the city would not honor any of its bond or other contractual obligations. Questions. If you have any questions or need any information please contact your League Regional Public Affairs Manager. STATE OF CALIFORNIA) RESOLUTION NO. COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY OF SAN JACINTO FINDING THAT A SEVERE FISCAL HARDSHIP WILL EXIST IF ADDITIONAL CITY PROPERTY TAX FUNDS ARE SEIZED AND ADDITIONAL UNFUNDED MANDATES ARE ADOPTED BY THE STATE OF CALIFORNIA WHEREAS, the current economic crisis has placed cities under incredible financial pressure and caused city officials to reopen already adopted budgets to make painful cuts, including layoffs and furloughs of city workers, decreasing maintenance and operations of public facilities, and reductions in direct services to keep spending in line with declining revenues; and WHEREAS, since the early 1990s the state government of California has seized over $8.6 billion of city property tax revenues statewide to fund the state budget even after deducting public safety program payments to cities by the state; and WHEREAS, in FY 2007-08 alone the state seized $895 million in city property taxes statewide to fund the state budget after deducting public safety program payments and an additional $350 million in local redevelopment funds were seized in FY 2008-09; and WHEREAS, the most significant impact of taking local property taxes has been to reduce the quality of public safety services cities can provide since public safety comprises the largest part of any city's general fund budget; and WHEREAS, in 2004 the voters by an 84% vote margin adopted substantial constitutional protections for local revenues, but the legislature can still "borrow" local property taxes to fund the state budget; and WHEREAS, on May 5, 2009, the Department of Finance announced it had proposed to the Governor that the state "borrow" over $2 billion in local property taxes from cities, counties and special districts to balance the state budget, causing deeper cuts in local public safety and other vital services; and WHEREAS, in the past the Governor has called such "borrowing" proposals fiscally irresponsible because the state will find it virtually impossible to repay and it would only deepen the state's structural deficit, preventing the state from balancing its budget; and WHEREAS, the Legislature is currently considering hundreds of bills, many of which would impose new costs on local governments that can neither be afforded nor sustained in this economic climate; and WHEREAS, state agencies are imposing, or considering, many regulations imposing unfunded mandates on local governments without regard to how local agencies will be able comply with these mandates while meeting their other responsibilities; and WHEREAS, the combined effects of the seizure of the City's property taxes, increasing unfunded state mandates, and the revenue losses due to the economic downturn have placed the city's budget under serious fiscal pressure; and WHEREAS, our city simply can not sustain the loss of any more property tax funds or to be saddled with any more state mandates as they will only deepen the financial challenge facing our city; and WHEREAS, a number of the City's financial commitments arise from contracts, including long term capital leases and debt obligations which support securities in the public capital markets, that the City must honor in full unless modified by mutual agreement of the parties. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SAN JACINTO has determined that the City will experience a severe fiscal hardship if the recommendation of the Department of Finance to "borrow" $2 billion of local property taxes is supported by the Governor and the Legislature; and RESOLVED FURTHER, that the City Council strongly and unconditionally opposes the May 5 proposal of the Department of Finance and any other state government proposals to borrow or seize any additional local funds, including the property tax, redevelopment tax increment, and the city's share of the Prop. 42 transportation sales tax; and RESOLVED FURTHER, that the City Council strongly urges the state legislature and Governor to suspend the enactment of any new mandates on local governments until such time as the economy has recovered and urges the state to provide complete funding for all existing and any new mandates. RESOLVED FURTHER, that the City Clerk shall send copies of this resolution to the Governor, our state senator(s), our state assembly member(s) and the League of California Cities. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 21 st day of May 2009 by the following vote. Ayes: Nays: Absent: Abstain: City of San Jacinto by Dale Stubblefield, Mayor AGENDA ITEM Ill . I May 21, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Asher Hartel, AICP, Planning Director 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 subsequently revised by staff at Council's direction, 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. BACKGROUND: The City Council, on April 2, 2009, continued the introduction and first reading of Ordinance 09-10, and directed staff to include a provision limiting the term of Conditional Use Permits for wireless telecommunication facilities in the Gateway Area to five (5) years. Approvals Page 1 of 3 City Manager: Finance Direct() DISCUSSION: The attached Ordinance No. 09-10 includes additional standards for wireless telecommunication facilities 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 Ordinance has been modified from the April 2, 2009 version (see underlined sections) to reflect Council's direction to include a time limitation of five (5) years for wireless telecommunications facilities in the Gateway Area. Recently enacted State legislation (Government Code section 65964) limits the City's ability to impose less than a 10-year term unless the City can articulate "public safety or substantial land use reasons" for doing so. The modifications to the Ordinance include compelling land use reasons for the 5-year limitation, as the General Plan states that the Gateway Area of the City, an undeveloped 1,700-acre area strategically located around the SR-79 and the Ramona Expressway corridor, is the primary entryway to San Jacinto from the north with extensive scenic views of the City and the Valley that warrants a special designation as the Gateway Specific Plan Overlay. In adopting the Ordinance the City Council would determine that the time limitation is appropriate in the Gateway Area of the City in order to: • minimize long term effects on scenic vistas; • protect the existing visual character, quality, and aesthetics of the area and its surroundings; • protect the development potential of this key undeveloped area from being compromised by the long-term existence of wireless telecommunications facilities that may hinder the economic development of the area. As regards CUPs granted within all other areas of the City, the term limit will not apply to any wireless telecommunication facility outside the Gateway Area. 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 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 Page 2 of 3 can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment. 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. City Council staff report of April 2, 2009 C. Existing Regulations From Zoning Ordinance (Article 23, Section 23.76 (Wireless Telecommunication Facilities) D. Planning Commission Resolution No. 09-06 of March 12, 2009 E. Planning Commission Staff Report of March 12, 2009 F. Map of Wireless Telecommunication Facilities Page 3 of 3 STATE OF CALIFORNIA) ORDINANCE NO. 09-10 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO 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; and WHEREAS, the Gateway Area of the City, an undeveloped 1,700-acre area strategically located around the SR-79 and the Ramona Expressway corridor, is identified in the City General Plan as the primary entryway to San Jacinto from the north with extensive scenic views of the City and the Valley that warrants a special designation as the Gateway Specific Plan Overlay; and WHEREAS, Government Code section 65964(b) allows a city to limit the duration of any permit for a wireless telecommunications facility to less than 10 years if there are substantial land use reasons to justify term limitations for such facilities, and the City Council has determined that this is appropriate in the Gateway Area of the City in order to: • minimize long term effects on scenic vistas; • protect the existing visual character, quality, and aesthetics of the area and its surroundings: • protect the development potential of this key undeveloped area. The Gateway is strategically located at the crossroads of two new major transportation corridors — the 32-mile Mid County Parkway and the realigned State Highway 79. The Mid County Parkway is one of the largest transportation projects planned in Southern California. With 470,000 1 people and 74,000 new homes under development, planned and projected in the trade area, it is imperative the City protect the Gateway from being compromised by the long-term existence of wireless telecommunications facilities that may be located and developed prior to the planning and design for development of surrounding property and that may hinder the economic development of the area. THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES ORDAIN AS FOLLOWS: Section 1. Section 2. 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. San Jacinto Zoning Ordinance Article 23, Section 2316(5) shall be amended to add the following subparagraphs: 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: i. 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 2 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. Section 3. San Jacinto Zoning Ordinance Article 23, Section 23.76 shall be amended to add the following as a new Section 23.76(6): 6. Term of CUP; Termination: Within the "Gateway Area" as designated in Exhibit "A" of Article 23 of the Zoning Ordinance, any CUP granted for a Wireless Telecommunication Facility, 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. The term limit shall not apply to any Wireless Telecommunication Facility outside the Gateway Area. Section 4. 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. If a California court rules that the five (5) year term limit for a CUP granted for a Wireless Telecommunication Facility in the Gateway Area is unreasonable, the CUP term limit for such Wireless Telecommunication Facility shall be ten (10) years. Section 5. 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 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 3 the environment. Therefore, staff will file a Notice of Exemption with the County within 3 working days of the adoption of this ordinance. Section 6. 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 21st day of May, 2009, by the following vote: MOVED, PASSED, AND ADOPTED at a regular meeting of the City Council on the 4th day of June, 2009 by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By Dale Stubblefield, Mayor ATTEST: Barry McClellan, City Clerk 4 EXHIBIT "A" GATEWAY AREA 5 GATEWAY AREA General Plan Land Use EXHIBIT A Legend Estate Residential (0 to 0.5 Dwelling Unfts per Acre) Rural Residential (0 to 2.0 Dwelling Units per Acre) Low Density Residential (2.1 to 5.0 Dwefling Units per Acre) Medium Density Residential (5.1 to 10.0 Dwelling Units per Acre) High Density Residential (10.1 to 14.0 Dwelling Units per Acre) Business Park Industrial Office Park Public Institutional Park vim ...I I j Central City Planning Area V72: Gateway Area Specific Plan Future Park Site Future School Site Future Fire Station Open Space Recreation n° Boundary Very High Density Residential (18 to 22 Dwelling Units per Acre) Community Commercial 11111 Open Space Downtown Commercial Water Source 5R79 Potenfial Alignment 00. MCP Potential Alignment 'Me information shorn on Par map was rumored from the SPerside Courtly TLINVGIS and Me Cry of San radnlo CIS. The PM hose rod Scary information en PP map P 60504w nrrmor only and should na be reed upon without independent verifies:Son as +r P fliVLYSOlfe Count, and Giry of San dart nt w not Pe held resporpitre Pr any cP• •I. Pamaper resperp Pun Pe use ammo map. Updated 0512/09 C tGIS_ Protects' PlartnetylAsheaSJ_Gateway_GPLU_Exhibit_02230? 0.3 0.6 Miles Feet 2,400 3,600 4.600 [1 EXHIBIT "B" ROADWAY SYSTEM (FREEWAYS, LIMITED ACCESS CONVENTIONAL HIGHWAYS (6 OR 8 LANES), URBAN ARTERIALS, AND ARTERIALS) 6 --...... ..1.4,. - . 91/,, 0 a pp 0 ' • . . . . , C ...... 0 ..- "... ." ::-....., g ..-- .....• 0 ..-- LEGEIN = CITY BOUNDARY = FREEWAY M Ili 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 Riverside GIS,City of San Jacinto, USGS L000 2000, 4,000 Fl North --- San Jacinto General Plan • CAWSTON A FRUITVALE EATON AV. AV. MENLO AV. AGENDA ITEM April 2, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Asher Hartel, AICP, Planning Director 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. Approvals City Manager: Finance Director: 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 Government 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 Existing Regulations Zoning Ordinance, Article 23 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; 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 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 iii. 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 9 Be co-located with another structure, where appropriate 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; b. 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 3 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; 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; I. 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 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 corn prehensively 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 12 th day of March, 2009. Planrfing 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 days 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 SAN AC INTO Wireless Telecommunication Facilities City Boundary Parcels Waterbodies Cell Sites TYPE, STATUS Ibldgmt c, Operational / completed bldgmt, Operational / completed coloc, Applied / not yet approved light, Approved / not yet constructed light, Operational / completed rnonoelm, Applied / not yet approved Feet 800 1,600 6,400 4,800 3,200 monoelm, Approved / not yet constructed monoelm, Operational / completed monopalm, Operational / completed monopine, Operational / completed monopole, Operational / completed WE DigninteMittinfeatintii 0.8 1.2 Miles _7 I : j tank, Operational / completed Hiated 04/30,09 SJ 225 Memorandum May 21, 2009 TO: Honorable Mayor and Members of Council Barry McClellan, City Manager FROM: Habib Motlagh, City Engineer SUBJECT: Bid results and Award of Contract, Estudillo Heritage Park Perimeter Landscaping Project On May 18, the City Clerk's office opened bids for the Estudillo Heritage Park Perimeter Landscaping project. A total of five bids were received, with bids ranging from an apparent low of $166,609 up to $280,976. Attached to this memo please find a copy of the bid results. At the time of the bid opening the apparent low bidder was Agave Landform, Inc. of Temecula. However, following the bid opening the City Engineer's office reviewed the contractor's bid and found it to contain errors. Specifically, no bid price was given for one of the items on the bid schedule (item #8). After reviewing this matter with the City Attorney, they determined that the bid is incomplete and should be found non-responsive and rejected. Upon Council approval to reject this bid, the City Attorney will send a letter to Agave with their findings. The second low bidder was Rock Bottom, Inc. of Bakersfield, who submitted a bid of $188,256.25. Staff has reviewed this bid and found it to be fully responsive to the City's requirements, thus we recommend awarding the contract to Rock Bottom. The landscaping project is funded primarily through a federal grant with a value of over $400,000. The City is required to provide matching funds for 12% of the project cost (regardless of the construction cost). This matching funding is coming from Fund 099, LMI Housing. Based on the above information, there is adequate budget available to complete the project. City Engineer's Office 595 S San Jacinto Ave. San Jacinto, CA 92583 . Ph (951) 654-3592 . Fax (951) 654-3672 www.ci.san-jacinto.ca.us Due to the low bids that were received for this project (well below the landscape architect's estimate), City staff anticipate that there will be change orders and new costs during construction. Staff will maximize the use of the federal grant over the duration of construction. It is not anticipated that the City will need to spend any local funds beyond our 12% match obligation. City Engineer's Office 595 S San Jacinto Ave • San Jacinto, CA 92583 • Ph (951) 654-3592 • Fax (951) 654-3672 www.ci.san-jacinto.ca.us Estudillo Heritage Park Perimeter Landscape APRIL 18, 2009, 2:00 PM Bidder Name Bid Amount Addendum #1 Bond Tessera $ 243,991.77 V Rock Bottom, Inc. $ 188,256.25 V Agave Temecula $ 166,609.81 -V Landmark Site Contractor 254,239.00 Ai Pacific Restoration $ 280,976.50 4 Page 1 BEST BEST & KRIEGER ATTORNEYS AT LAW INDIAN WELLS (760) 568-2611 IRVINE (949) 263-2600 — LOS ANGELES (213) 617-8100 ONTARIO Rebecca Hermanowicz (909) 466-4900 Rebecca.Hermanowicz@bbklaw.com 3750 University Avenue, Suite 400 Post Office Box 1028 Riverside, California 92502-1028 (951) 686-1450 (951) 686-3083 Fax BBKlaw.com SACRAMENTO (916) 325-4000 SAN DIEGO (619) 525-1300 — WALNUT CREEK (925) 977-3300 May 20, 2009 Confidential- Attorney Client Privilege VIA ELECTRONIC MAIL AND FACSIMILE Mr. Habib Motlagh, City Engineer City of San Jacinto 595 S. San Jacinto Ave. San Jacinto, CA 92583 Re: Bids Received for the Estudillo Heritage Park Perimeter Landscaping Project Dear Mr. Motlagh: This letter is in regard to the bids received for the Estudillo Heritage Park Perimeter Landscaping Project (the "Project"). It is our understanding that several bids were received on the Project, and that the bids were publicly opened and read. At the time of the bid opening, Agave Landform, Inc. ("Agave") was the apparent low bidder, with a bid of $166,609. Soon after opening the bids, the City realized that Agave's bid did not contain a unit price and total price for bid item #8. As a result, a summation of all bid items did not add up to the Total Bid Amount of $166,609. This error resulted in a difference of approximately $19,000.00 between the Total Bid Amount written in Agave's bid and the Total Bid Amount that would have been arrived at through proper summation of the bid schedule line items. According to Agave, the Total Bid Amount as submitted was correct and the price that should have been filled in for bid item #8 was $19,000. Because of the missing bid item #8, the only way that a Total Bid Amount of $166,609 could have been arrived at was through mathematical error. Thus, if the City accepted Agave's explanation and allowed them to correct their bid by filling in an amount on bid item #8, Agave would be the low bidder on the Project. Agave's mistake in calculating its total bid on the Project can be characterized as either a mistake or an irregularity in its bid. While cities do have the ability to waive minor irregularities BEST BEST & KRIEGER ATTORNEYS AT LAW Mr. Habib Motlagh, City Engineer May 20, 2009 Page 2 if the city's bid documents provide such authority, certain bid irregularities may not, as a matter of law, be waived.1 As noted by the Court in Valley Crest Landscape Inc. v. City Council of the City of Davis, one of the seminal cases regarding bid irregularities: "It is further well established that a bid which substantially conforms to a call for bids may, though it is not strictly responsive, be accepted if the variance cannot have affected the amount of the bid or given the bidder an advantage or benefit not allowed other bidders, or in other words, if the variance is inconsequential."2 If an irregularity could have affected the amount of the bid or given the bidder an advantage or benefit not allowed other bidders, such irregularity may not be waived. According to the relevant case law, mistakes in filling out a bid that are in the nature of typographical or arithmetical errors, which make a bid materially different than intended, would allow a bidder to withdraw its bid under California Public Contract Code section 5103 without forfeiting its bid bond.3 Providing a waiver of such a mistake would, therefore, provide a bidder with an unfair advantage. In Valley Crest the Court concluded that the bidder in that case had an unfair advantage because: "...it could have withdrawn its bid. Misstating the correct percentage of work to be done by a subcontractor is in the nature of a typographical or arithmetical error. It makes the bid materially different and is a mistake in filling out the bid."4 Agave admitted its error in leaving bid item #8 blank and admitted that the Total Bid Amount of $166, 609 could not have been arrived at by adding together the individual bid line items. The error in Agave's bid was based on an arithmetical mistake. This error made Agave's bid "materially different than intended." In fact, if the bid line items had been totaled correctly, it would have caused a $19,000 difference in Agave's bid. As such, Agave could have sought relief from its bid under Public Contract Code section 5103 by giving the City notice of its mistake within five days of the bid opening, and requesting relief from its bid. In light of this fact, the City cannot correct this mistake by waiving it as an "irregularity" without subjecting the City to the risk of a successful challenge by the next lowest bidder. Although the City is not legally required to reject the bid for Agave's failure to complete the form and could waive this irregularity, we believe that the City should not do so in light of the legal reasons detailed above for rejection of Agave's purportedly corrected bid. Taking into consideration the irregularities and mistakes related to Agave's bid, it appears appropriate to conclude that Agave's bid cannot be considered the lowest responsive bid on the Project, and Valley Crest Landscape v. City Council of the City of Davis (1996) 41 Cal. App.4th 1432, 1440-1441. 2 1d quoting from Konica Business Machines US.A. Inc. v. Regents of University of California (1988) 206 Cal. App. 3d 449, 454. 3 1d. at 1442. 4 Id at 1441. BEST BEST & KRIEGER ATTORNEYS AT LAW Mr. Habib Motlagh, City Engineer May 20, 2009 Page 3 must be rejected. Therefore, it is recommended by the City Attorney's office that the City award the Project to the next lowest, responsive bidder. Sincerely, Rebecca Hermanowicz for BEST BEST & KRIEGER LLP cc: Jeff Ballinger, City Attorney Eric Skaugset, Project Engineer AGENDA REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL May 21, 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 Call the regular meeting of the San Jacinto City Council to order at7.02-13.m. 1.2 Roll Call Announce for the record those members present and those absent CI IF SOMEONE IS ABSENT, ASK COUNCIL WHETHER THEY WANT TO EXCUSE THE ABSENCE 1,37) 1.3 Invocation Elball on Floyd McCallum, Jr, The Sheppard's House, to give the invocation. 1 A Pledge of Allegiance I'Call on 30 14,0 HaAksp.aveA to lead the Pledge of Allegiance 1.5 Special Presentations 3 rd 1.5.1 Business Spotlight of the Month is San Jacinto Medical Clinic / Urgent Cre / Laklvan and Vidhya .Koka, MD accepting ) ),S6r - pAtaekq Certificate of Appreciation for Motor Officer Clark / VYA 1.5.3 Certificate of Appreciation for Police Volunteers from the City of Beaumont Police Department 1124Uy )veet 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. Call for public comments City Council Agenda May 21, 2009 Page 2 of 9 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 Warrants and Disbursements April 2009 / Review and Approve / Interim Finance Director 3.2 April 2, 2009 Minutes — Regular Meeting / Approve / City Clerk 3.3 May 7, 2009 Minutes — Regular Meeting / Approve / City Clerk 3.4 Continuation of the Proclamation of the Local State of Emergency due to The Severe High and Damaging winds / Approve the continuation of the proclamation of the Local State of Emergency / City Attorney 3.5 Treasurer's Report at April 30, 2009 / Receive and File / City Treasurer 3.6 2009 Master Plan Sewer Lines Improvement Projects / Approve the plans and specifications for said project and direct city clerk to advertise for bids / City Engineer 3.7 Ordinance No. 09-02 / approving Planned Unit Development 2-06, 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, Applicant: Mario Zamorano / Planning Director / Approve second reading and adopt 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) for Case No. PUD 2-06, a Planned Unit Development, located on the west side of Kirby Street, north of Esplanade Avenue, in the City of San Jacinto, County of Riverside. 3.8 Ordinance No. 09-14 / authorizing the appointment of City Manager as City Clerk and Resolution No. Appointing Barry McClellan to the Office of City Clerk of the City of San Jacinto / Approve and Adopt / City Attorney a) Approve second reading and adopt Ordinance No. 09-14 and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto Amending Sections 2.12.010 and 2.20.010 of the San Jacinto Municipal Code to Provide for the City Council Agenda May 21, 2009 Pane 3 of 9 Appointment by the City Council of the City Manager as City Clerk of the City of San Jacinto b) Adopt Resolution No. Appointing Barry McClellan to the Office of City Clerk of the City of San Jacinto 3.9 Ordinance No. 09-12 / An ordinance Adopting Updated city-wide speed survey and directing the City of San Jacinto Public Works Department to Implement the Speed Limit Recommendations Contained Therein / City Attorney and City Engineer / Approve second reading and adopt Ordinance No. 09-12 and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto, California, Approving and Adopting the Updated City-wide Speed Survey and Directing the City of San Jacinto Public Works Department to Implement the Speed Limit Recommendations Contained Therein 3.10 Ordinance No. 09-15 / An ordinance to regulate the land application of sludge and manure / Assistant City Manager / Approve second reading and adopt Ordinance No. 09-15 and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto Establishing Chapter 8.64 of the San Jacinto Municipal Code Pertaining to the Land Application of Sewage Sludge and Manure 3.11 Ordinance No. 09-16 / An ordinance to Regulate Water Conservation and Water Supply Shortages / Public Works Director / Approve second reading and adopt Ordinance No. 09-16 and by further motion read by title only: An Ordinance of the City Council of San Jacinto Amending Section 13.04.070 of Chapter 13.04 of the City of San Jacinto Municipal Code Establishing Water Conservation and Water Supply Shortage Program and Regulations 3.12 Resolution No. / A Resolution for LLPD No. 2 Annual Assessments for FY 2009-10 / Approve and Adopt! Interim Finance Director A Resolution of the City Council of the City of San Jacinto, California, Initiating Proceedings Pursuant to the Landscape and Lighting Act of 1972 for the Levy and Collection of the Annual Assessments and Ordering the District's Engineer to Prepare and to File a Report Related to Maintenance of Public Improvements in the City of San Jacinto Landscaping, Lighting and Park City Council Agenda May 21, 2009 Page 4 of 9 District No. 2, and any Assessment thereon for Fiscal Year 2009-10 (LLPD No. 2, FY 09-10 Levy) 3.13 Western Riverside Council of Governments (WRCOG) — Clean Cities Program /Authorize City Manager to sign and execute an agreement for Professional Consultant Services for Western Riverside Council of Governments (WRCOG) / Approve / Public Works Director 3.14 Resolution No. / A Resolution Declaring Severe Fiscal Hardship / Approve and Adopt / City Manager A Resolution of the City of San Jacinto Finding that a Severe Fiscal Hardship will Exist if Additional City Property Tax Funds are Seized and Additional Unfunded Mandates are Adopted by the State of California D Call for items to be pulled. D If no items are pulled for discussion, call for motion and vote on Consent Calendar as presented D If items are pulled for discussion, call for motion and vote on the balance of the consent calendar Note that pulled items will be heard at the end of 'No. 5 Staff Reports' 4. PUBLIC HEARING 4.1 Ordinance No. 09-10 / An ordinance (Zoning Amendment Ordinance No. 01- 09) regarding the Gateway area and city-wide wireless telecommunications facilities / Continued from May 7, 2009 City Council meeting / 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 O Call on Planning Director Asher Hartel for staff report O Call for questions by council U Open Public Hearing at City Council Agenda May 21, 2009 Page 5 of 9 0 Ask Deputy City Clerk Miller for all written objections, protests, and requests to be heard, which have been received / filed CI Close Public Hearing at pm CI Call for council discussion 0 Call for motion and vote 4.2 General Plan Amendment 3-08, Change of Zone 6-08 and Conditional Use Permit 15-08 for a 129,873 square foot mixed use commercial project that includes an 88,233 square foot 3-story hotel, 10,140 square foot restaurant, and 31,500 square feet of retail commercial and office space in four buildings on 13 acres at the southwest corner of Ramona Expressway and Cawston Avenue. / Applicant: Shelbran Investments, 1590 Shelbran Court, San Jacinto, CA 92582 / Planning Director a) Adopt the Mitigated Negative Declaration; and b) Adopt Resolution No. approving General Plan Amendment 3-08 based upon the Planning Commission's recommendation; A Resolution of the City Council of the City of San Jacinto, California, approving an amendment to the land use element of the General Plan to Re-designate 13 acres of real property specified herein as Community Commercial (CC): File No. GPA 03-08 c) Introduce Ordinance No. 09-17 for first reading approving Change of Zone 6-08 based upon the Planning Commission's recommendation 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 Light Manufacturing (M-1) to General Commercial (C-2), located at the southwest corner of Ramona Expressway and Cawston Avenue in the City of San Jacinto, County of Riverside. d) Adopt Resolution No. approving Conditional Use Permit No. 15-08 subject to the attached Conditions of Approval, and delete Planning Condition No. 32 as regards septic disposal systems. A Resolution of the City Council of the City of San Jacinto, California, approving Conditional Use Permit 15- 08 for an 88,233 square foot 3-story hotel, 10,140 square foot restaurant and 31,500 square feet of retail space in four buildings with alcohol consumption likely to occur in both the restaurant and hotel on a 13-acre site located City Council Agenda May 21, 2009 Page 6 of 9 on the southwest corner of Ramona Expressway and Cawston Avenue (APN 430-100-017): CUP No. 15-08 • Call on Planning Director Asher Hartel for staff report • Call for questions by council D Open Public Hearing at pm Li Ask Deputy City Clerk Miller for all written objections, protests, and requests to be heard, which have been received / filed • Close Public Hearing at pm • Call for council discussion • Call for motion and vote 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 Planning Commission Vacancy! Direct staff to advertise for applications or select from previous applications upon recommendation of the Selection Subcommittee / Approve / City Clerk • Call on City Clerk Barry McClellan for staff report • Call for questions by council • Call for public comments • Call for council discussion • Call for a motion and vote 5.2 Estudillo Heritage Park Perimeter Landscaping Project (CIP) 04-077), award of contract / Approve / City Engineer • Call on City Engineer Habib Motlagh for staff report • Call for questions by council • Call for public comments • Call for council discussion • Call for a motion and vote 5.3 Adjournment of July 16, 2009 and August 20, 2009 Regular City Council Meetings / Approve / City Manager • Call on City Manager Barry McClellan for staff report • Call for questions by council • Call for public comments D Call for council discussion • Call for a motion and vote City Council Agenda May 21, 2009 Page 7 of 9 5.4 2009-10 Capital Improvement Project Budget Presentation / Discuss and Provide Direction to Staff / City Engineer U Call on City Engineer Habib Motagh for staff report and presentation • Call for questions by council • Call for public comments • Call for council discussion 5.5 Second Review of Proposed Fiscal Year 2009-2010 Budget / Discuss and Provide Direction to Staff / City Manager U Call on City Manager Barry McClellan for staff report • Call for questions by council U Call for public comments U Call for council discussion El Hear any items pulled from the consent calendar • Recess Regular Meeting at P.m. O Open Redevelopment Agency meeting at p.m. 3. RDA Consent Calendar 3.1 ray 7, 2 RDA :es Secret: / Deputy Agency U Call for item(s) to be pulled. • If none are pulled for discussion, call for motion and vote on Consent Calendar as presented U If item(s) are pulled for discussion, call for motion and vote on the balance of the consent calendar D On pulled item(s) call for staff report, questions from council, public comment, council discussion, motion and vote F 2.1 HEAR! (None scheduled) 5.i imiwa - ...-.oneractt for Demolition 01181 E :yule. ce4z4i.t.44-,n,irtrif rid 201 E. Main Stree a) Award said contract for Demolition of 181 E. Main Street and 201 E. Main Street to Balandra Demolition in the amount of $47,700. City Council Agenda May 21, 2009 Page 8 of 9 b) Allocate funds for the contract amount, plus 15% contingency and c) Reject all other bids O Call on Assistant City Manager for staff report O Call for questions by directors O Call for public comments O Call for director discussion O Call for a motion and vote 0 Adjourn the RDA meeting at Meeting at p.m. p.m. and reconvene the Regular City Council 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 6.1 Sub-Committee and/or Agency Agendas / Receive and File / City Clerk Call on City Council Members for their reports Recess the Regular Meeting at P.m. p.m. and reconvene in Closed Session at 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 El Call for motion, second, and vote El Adjourn the meeting at P.m. 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. City Council Agenda May 21, 2009 Page 9 of 9 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. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact City Hall at (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 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. AGENDA REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL May 21, 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 Business Spotlight of the Month is San Jacinto Medical Clinic! Urgent Care / Lakshman and Vidhya Koka, MD accepting 1.5.2 Certificate of Appreciation for Motor Officer Clark! 1.5.3 Certificate of Appreciation for Police Volunteers from the City of Beaumont Police Department 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. 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 Warrants and Disbursements April 2009 / Review and Approve / Interim Finance Director 3.2 April 2, 2009 Minutes — Regular Meeting / Approve / City Clerk 3.3 May 7, 2009 Minutes — Regular Meeting / Approve / City Clerk City Council Agenda May 21, 2009 Page 2 of 6 3.4 Continuation of the Proclamation of the Local State of Emergency due to The Severe High and Damaging winds / Approve the continuation of the proclamation of the Local State of Emergency / City Attorney 3.5 Treasurer's Report at April 30, 2009 / Receive and File / City Treasurer 3.6 2009 Master Plan Sewer Lines Improvement Projects / Approve the plans and specifications for said project and direct city clerk to advertise for bids / City Engineer 3.7 Ordinance No. 09-02 / approving Planned Unit Development 2-06, 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, Applicant: Mario Zamorano / Planning Director / Approve second reading and adopt 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) for Case No. PUD 2-06, a Planned Unit Development, located on the west side of Kirby Street, north of Esplanade Avenue, in the City of San Jacinto, County of Riverside. 3.8 Ordinance No. 09-14 / authorizing the appointment of City Manager as City Clerk and Resolution No. Appointing Barry McClellan to the Office of City Clerk of the City of San Jacinto / Approve and Adopt / City Attorney a) Approve second reading and adopt Ordinance No. 09-14 and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto Amending Sections 2.12.010 and 2.20.010 of the San Jacinto Municipal Code to Provide for the Appointment by the City Council of the City Manager as City Clerk of the City of San Jacinto b) Adopt Resolution No. Appointing Barry McClellan to the Office of City Clerk of the City of San Jacinto 3.9 Ordinance No. 09-12 / An ordinance Adopting Updated city-wide speed survey and directing the City of San Jacinto Public Works Department to Implement the Speed Limit Recommendations Contained Therein / City Attorney and City City Council Agenda May 21, 2009 Page 3 of 6 Engineer! Approve second reading and adopt Ordinance No. 09-12 and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto, California, Approving and Adopting the Updated City-wide Speed Survey and Directing the City of San Jacinto Public Works Department to Implement the Speed Limit Recommendations Contained Therein 3.10 Ordinance No. 09-15 !An ordinance to regulate the land application of sludge and manure / Assistant City Manager! Approve second reading and adopt Ordinance No. 09-15 and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto Establishing Chapter 8.64 of the San Jacinto Municipal Code Pertaining to the Land Application of Sewage Sludge and Manure 3.11 Ordinance No. 09-16 / An ordinance to Regulate Water Conservation and Water Supply Shortages / Public Works Director / Approve second reading and adopt Ordinance No. 09-16 and by further motion read by title only: An Ordinance of the City Council of San Jacinto Amending Section 13.04.070 of Chapter 13.04 of the City of San Jacinto Municipal Code Establishing Water Conservation and Water Supply Shortage Program and Regulations 3.12 Resolution No. / A Resolution for LLPD No. 2 Annual Assessments for FY 2009-10 / Approve and Adopt! Interim Finance Director A Resolution of the City Council of the City of San Jacinto, California, Initiating Proceedings Pursuant to the Landscape and Lighting Act of 1972 for the Levy and Collection of the Annual Assessments and Ordering the District's Engineer to Prepare and to File a Report Related to Maintenance of Public Improvements in the City of San Jacinto Landscaping, Lighting and Park District No. 2, and any Assessment thereon for Fiscal Year 2009-10 (LLPD No. 2, FY 09-10 Levy) 3.13 Western Riverside Council of Governments (WRCOG) — Clean Cities Program /Authorize City Manager to sign and execute an agreement for Professional Consultant Services for Western Riverside Council of Governments (WRCOG) / Approve / Public Works Director City Council Agenda May 21, 2009 Page 4 of 6 3.14 Resolution No. / A Resolution Declaring Severe Fiscal Hardship / Approve and Adopt / City Manager A Resolution of the City of San Jacinto Finding that a Severe Fiscal Hardship will Exist if Additional City Property Tax Funds are Seized and Additional Unfunded Mandates are Adopted by the State of California 4. PUBLIC HEARING 4.1 Ordinance No. 09-10 / An ordinance (Zoning Amendment Ordinance No. 01- 09) regarding the Gateway area and city-wide wireless telecommunications facilities / Continued from May 7, 2009 City Council meeting / 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 4.2 General Plan Amendment 3-08, Change of Zone 6-08 and Conditional Use Permit 15-08 for a 129,873 square foot mixed use commercial project that includes an 88,233 square foot 3-story hotel, 10,140 square foot restaurant, and 31,500 square feet of retail commercial and office space in four buildings on 13 acres at the southwest corner of Ramona Expressway and Cawston Avenue. Applicant: Shelbran Investments, 1590 Shelbran Court, San Jacinto, CA 92582 a) Adopt the Mitigated Negative Declaration; and b) Adopt Resolution No. approving General Plan Amendment 3-08 based upon the Planning Commission's recommendation; A Resolution of the City Council of the City of San Jacinto, California, approving an amendment to the land use element of the General Plan to Re-designate 13 acres of real property specified herein as Community Commercial (CC): File No. GPA 03-08 c) Introduce Ordinance No. 09-17 for first reading approving Change of Zone 6-08 based upon the Planning Commission's recommendation 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 City Council Agenda May 21, 2009 Page 5 of 6 Light Manufacturing (M-1) to General Commercial (C-2), located at the southwest corner of Ramona Expressway and Cawston Avenue in the City of San Jacinto, County of Riverside. d) Adopt Resolution No. approving Conditional Use Permit No. 15-08 subject to the attached Conditions of Approval, and delete Planning Condition No. 32 as regards septic disposal systems. A Resolution of the City Council of the City of San Jacinto, California, approving Conditional Use Permit 15- 08 for an 88,233 square foot 3-story hotel, 10,140 square foot restaurant and 31,500 square feet of retail space in four buildings with alcohol consumption likely to occur in both the restaurant and hotel on a 13-acre site located on the southwest corner of Ramona Expressway and Cawston Avenue (APN 430-100-017): CUP No. 15-08 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 Planning Commission Vacancy! Direct staff to advertise for applications or select from previous applications upon recommendation of the Selection Subcommittee / Approve! City Clerk 5.2 Estudillo Heritage Park Perimeter Landscaping Project (CIP) 04-077), award of contract / Approve / City Engineer 5.3 Adjournment of July 16, 2009 and August 20, 2009 Regular City Council Meetings / Approve / City Manager 5.4 2009-10 Capital Improvement Project Budget Presentation / Discuss and Provide Direction to Staff! City Engineer 5.5 Second Review of Proposed Fiscal Year 2009-2010 Budget! Discuss and Provide Direction to Staff / City Manager 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 6.1 Sub-Committee and/or Agency Agendas! Receive and File / City Clerk City Council Agenda May 21, 2009 Page6 of 6 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 T2 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. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact City Hall at (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 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, *chard WHIThr, Deputy, City Crerkof the City of San Jacinto, do hereby certib that I caused to be posted the foregoing agenda this 15th day of 91lay, 2009) as required gy Caw. Richard-I/Hirer, Deputy City Crerk Prepared by: Judy Kelley, Acc bunt Clerk II _Repartment Head Approval: Connie Rogers-Elmore, Interim /Pi/iamb Qirector AGENDA ITE May 21, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Connie Rogers-Elmore — Interim Finance Directctrk SUBJECT: Warrants and Disbursements — April 2009 RECOMMENDATION: Staff recommends that the City Council review and approve Warrants and Disbursements for the period of April 1 through April 30, 2009 in the amount of $ 3,494,819.79. DISCUSSION: The City Council in its oversight role formally reviews disbursements of City funds made by Accounts Payable warrants, bi-weekly payrolls and electronic funds (wire) transfers. The following information is provided for such review and approval: Warrants/Wire Accounts Payable: #89570-89915 Payroll: Pay Period #7 #19643-19666 Includes Warrants, Direct Deposits, Taxes Payroll: Pay Period #8 #19669-19692 Includes Warrants, Direct Deposits, Taxes Pay Date Various 4/9/2009 4/23/2009 Amount $ 3,231,951.99 $ 131,502.64 $ 129,365.16 Electronic Funds April 2009 $ 2,000.00 Total Disbursements — Period of April 1-30, 2009 $ 3,494,819.79 Concurred by: Thomas Prill, Accounting Manager FISCAL IMPACT: Expenditures by warrant, payroll direct deposit and electronic funds (wire) transfers have been appropriated in the adjusted FY 2008-09 budget. Attachments: Accounts Payable Warrant Report—April 1-30, 2009 Electronic Funds Transfer Report — April 1-30, 2009 Note: Payroll information is on file in the Finance Department. Page 1 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89570 4/3/2009 Abm janitorial services (dba) 69420 Janitorial srvc mar 2009 010-3100-431.34-05 924.00 1,081.25 69421 Janitorial srvc mar 2009 010-3110-431.34-05 157.25 89571 4/3/2009 Albert a, webb associates 900686 Prof srvcs thru 2/21/09 199-9999-425.40-01 9,062.00 9,062.00 89572 4/3/2009 Alert barricade, inc. 202-1466 Delineator glue & packet 050-9000-450.33-30 61.96 61.96 89573 4/3/2009 American forensic nurses 56512 8 blood draws 010-3100-431.34-05 316.00 316.00 89574 4/3/2009 Anady's trophies, inc. 70687 8 x 10 plaque/ b. deloss 010-3100-431.21-10 65.00 84.40 70798 Business appreciat plaque 096-1700-417.36-15 19.40 89575 4/3/2009 Applied earthworks inc. 1674-19 Dates of srvc from 3/1/09 199-9999-425.40-01 2,052.34 2,052.34 89576 4/3/2009 Aqua metric sales company 0027057-1N 3/4 srii sl tr/p1,1"srii 050-9000-450.33-30 4,499.64 4,499.64 89577 4/3/2009 Arrow printing, inc. 6912 250 srvc request applicat 050-1400-414.36-10 17.96 53.88 6912 250 srvc request applicat 055-1400-414.36-10 17.96 6912 250 srvc request applicat 059-1400-414.36-10 17.96 89578 4/3/2009 Arsena turner REQUEST 031809 Water deposit refund 050-0000-229.08-70 180.00 180.00 89579 4/3/2009 At&t REQUEST 033109 Telephone service 010-2500-425.35-16 22.91 97.37 REQUEST 033109 Telephone service 010-3100-431.35-16 33.04 REQUEST 033109 Telephone service 010-7400-425.35-16 8.55 REQUEST 033109 Telephone service 010-4200-410.35-16 32.87 89580 4/3/2009 B & w pipe & supply 84952 Supplies for annendale 199-9999-425.40-01 103.57 103.57 89581 4/3/2009 Ballard gas #1159 5601-276267 65.3 056-4150-410.21-70 116.09 116.09 89582 4/3/2009 Bowman signs 033009 City logos & lettering 010-3200-431.33-30 586.69 586.69 89583 4/3/2009 Buxton company inc. SF000014977 Prof srvcs fee 096-1700-417.30-90 35,000.00 35,000.00 89584 4/3/2009 C r & r incorporated REQUEST 032609 Services for feb 2009 059-8052-450.34-05 175,514.13 165,610.13 REQUEST 032609 Billing charge feb 2009 059-0000-310.07-99 -9,904.00 89585 4/3/2009 Central county united way REQUEST 033109 Contributions march 2009 085-0000-202.21-80 410.38 410.38 89586 4/3/2009 Comtronix of hemet 44029 Radar remove & install 024-3100-431.33-11 341.55 341.55 89587 4/3/2009 Corky's pest control, inc. 031709 Pest control service 010-3100-431.34-05 125.00 125.00 89588 4/3/2009 Courtesy service products 11961 Univer sz shoe coverings 010-6500-425.33-40 41.96 41.96 89589 4/3/2009 D.m.c. tree care 30956 Prune & thin out 3 pines 025-7250-410.34-05 600.00 700.00 Page 1 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89589... 4/3/2009... D.m.c. tree care... 30957 Cut branches/clearance 096-9700-470.30-90 100.00 700.00... 89590 4/3/2009 D.r. horton 031209 90% draw from deposit 065-0000-201.09-01 1,125,953.10 1,125,953.10 89591 4/3/2009 David sandoval REQUEST 032609 Reimburse baggage fee 010-3100-431.31-20 30.00 30.00 89592 4/3/2009 David taussig & associates, inc. 9020056 Prof srvcs thru 2/28/09 034-8850-500.30-90 303.40 303.40 89593 4/3/2009 Deprez travel REQUEST 032709 Reserv #51I-45g-2z7,stubb 096-1100-411.31-20 468.70 1,874.80 REQUEST 032709 Reserv #511-090-e59,mansp 096-1100-411.31-20 468.70 REQUEST 032709 Reserv #511-q3v-290,mccle 096-1200-412.31-20 468.70 REQUEST 032709 Reserv #511-8a6-8a7,merri 096-1700-417.31-20 468.70 89594 4/3/2009 E.s. babcock & sons, inc. AC91991-0278 Coliforms p/a by mmo/mug 050-9000-450.30-90 56.00 56.00 89595 4/3/2009 Eastern municipal water district REQUEST 033109 Water service 025-7100-410.35-10 363.33 1,544.95 REQUEST 033109 Water service 025-7250-410.35-10 457.39 REQUEST 033109 Water service 301-8831-500.35-10 724.23 89596 4/3/2009 Emberton, mike REQUEST 033109 Reimb city vehic oil chng 010-4200-410.33-50 42.55 42.55 89600 4/3/2009 Ez sunnyday landscape 7770 Lndscpe srvc march 2009 025-7250-410.34-05 8,095.80 46,652.50 7770 Lndscpe srvc march 2009 025-7251-410.34-05 1,915.80 7770 Lndscpe srvc march 2009 025-7252-410.34-05 288.40 7771 Lndscpe srvc march 2009 025-7252-410.34-05 1,250.00 7771 Lndscpe srvc march 2009 025-7252-410.34-05 6,450.00 7772 Lndscpe srvc march 2009 326-8831-500.34-05 400.00 7772 Lndscpe srvc march 2009 329-8831-500.34-05 175.00 7772 Lndscpe srvc march 2009 307-8831-500.34-05 250.00 7772 Lndscpe srvc march 2009 306-8831-500.34-05 170.00 7772 Lndscpe srvc march 2009 309-8831-500.34-05 495.00 7773 Lndscpe srvc march 2009 317-8831-500.34-05 125.00 7773 Lndscpe srvc march 2009 332-8831-500.34-05 1,380.00 7773 Lndscpe srvc march 2009 307-8831-500.34-05 1,425.00 7773 Lndscpe srvc march 2009 329-8831-500.34-05 812.50 7773 Lndscpe srvc march 2009 303-8831-500.34-05 1,050.00 7773 Lndscpe srvc march 2009 305-8831-500.34-05 725.00 Page 2 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89600... 4/3/2009... Ez sunnyday landscape... 7773 Lndscpe srvc march 2009 304-8831-500.34-05 300.00 46,652.50... 7773 Lndscpe srvc march 2009 310-8831-500.34-05 140.00 7773 Lndscpe srvc march 2009 345-8831-500.34-05 1,600.00 7773 Lndscpe srvc march 2009 316-8831-500.34-05 75.00 7773 Lndscpe srvc march 2009 322-8831-500.34-05 1,400.00 7773 Lndscpe srvc march 2009 326-8831-500.34-05 1,300.00 7773 Lndscpe srvc march 2009 321-8831-500.34-05 1,100.00 7773 Lndscpe srvc march 2009 306-8831-500.34-05 550.00 7773 Lndscpe srvc march 2009 323-8831-500.34-05 355.00 7773 Lndscpe srvc march 2009 325-8831-500.34-05 550.00 7773 Lndscpe srvc march 2009 331-8831-500.34-05 200.00 7773 Lndscpe srvc march 2009 364-8831-500.34-05 100.00 7773 Lndscpe srvc march 2009 025-7250-410.34-05 195.00 7773 Lndscpe srvc march 2009 025-7100-410.34-05 180.00 7773 Lndscpe srvc march 2009 362-8831-500.34-05 425.00 7773 Lndscpe srvc march 2009 309-8831-500.34-05 400.00 7773 Lndscpe srvc march 2009 339-8831-500.34-05 400.00 7773 Lndscpe srvc march 2009 320-8831-500.34-05 1,200.00 7773 Lndscpe srvc march 2009 313-8831-500.34-05 1,200.00 7773 Lndscpe srvc march 2009 338-8831-500.34-05 1,000.00 7773 Lndscpe srvc march 2009 025-7100-410.34-05 1,100.00 7773 Lndscpe srvc march 2009 025-7100-410.34-05 1,410.00 7773 Lndscpe srvc march 2009 301-8831-500.34-05 615.00 7773 Lndscpe srvc march 2009 025-7100-410.34-05 1,055.00 7773 Lndscpe srvc march 2009 025-7100-410.34-05 755.00 7773 Lndscpe srvc march 2009 025-7100-410.34-05 445.00 7773 Lndscpe srvc march 2009 025-7100-410.34-05 445.00 7773 Lndscpe srvc march 2009 341-8831-500.34-05 500.00 7773 Lndscpe srvc march 2009 327-8831-500.34-05 600.00 Page 3 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89600... 4/3/2009... Ez sunnyday landscape... 7773 Lndscpe srvc march 2009 359-8831-500.34-05 500.00 46,652.50... 7773 Lndscpe srvc march 2009 311-8831-500.34-05 950.00 7773 Lndscpe srvc march 2009 311-8831-500.34-05 600.00 89601 4/3/2009 Gas company,the REQUEST 033009 Gas service 010-7400-425.35-12 172.60 662.04 REQUEST 033009 Gas service 010-4200-410.35-12 29.75 REQUEST 033009 Gas service 010-6500-425.35-12 4.60 REQUEST 033009 Gas service 010-3100-431.35-12 70.19 REQUEST 033009 Gas service 010-2500-425.35-12 28.76 REQUEST 033009 Gas service 010-2500-425.35-12 14.27 REQUEST 033009 Gas service 010-4200-410.35-12 59.08 REQUEST 033009 Gas service 010-3200-431.35-12 113.68 REQUEST 033009 Gas service 010-2500-425.35-12 96.06 REQUEST 033009 Gas service 010-2500-425.35-12 73.05 89602 4/3/2009 Hartford life insurance companies REQUEST 033109 Mar 26,2009, grp# 109947 085-0000-202.21-29 2,964.00 2,964.00 89603 4/3/2009 Hemet industrial supply 34652 Gas pump for storm drains 010-4140-410.21-80 6.44 53.51 34678 Flat black, vinyl gloves 055-4170-450.33-30 47.07 89604 4/3/2009 Hemet valley pipe & supply 126940 Clamp/radar speed monitor 024-3100-431.33-30 35.23 484.30 126779 Pipe and supplies 010-7100-410.21-12 103.03 127039 Pipe and supplies 359-8831-500.21-12 346.04 89605 4/3/2009 Home depot credit services 4026547 Supplies for renovation 010-3100-431.21-50 92.34 310.07 9193080 Misc supplies 010-3100-431.33-50 25.73 9193080 Misc supplies 010-3100-431.21-50 164.00 2086055 Poly sheet 050-9000-450.33-30 28.00 89606 4/3/2009 Horizon water 9-C-2500-032409 Drinking water service 010-2500-425.21-10 77.50 251.50 9-C-3300-032409 Drinking water service 010-2500-425.34-05 44.50 9-C-4200-032409 Drinking water service 010-4200-410.21-10 89.50 9-C-7400-032409 Drinking water service 010-7400-425.34-05 40.00 89607 4/3/2009 lb. reprographics 90957 Digital pictures 199-9999-425.40-01 894.37 894.37 89608 4/3/2009 lcma retirement trust REQUEST 033109 Mar 26,09,grp# 300434 085-0000-202.21-29 1,500.00 1,500.00 Page 4 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89609 4/3/2009 Kern-pro industrial supply 46627 Graffiti removal & wipes 010-7100-410.34-05 2,208.00 2,208.00 89610 4/3/2009 Lancaster contract survey company 09-015 Survey service feb 2009 199-9999-425.40-01 735.00 5,060.00 09-016 Survey service feb 2009 199-9999-425.40-01 4,325.00 89611 4/3/2009 Lincoln life REQUEST 033109 Contribution mar 26, 2009 085-0000-202.21-29 100.00 100.00 89612 4/3/2009 Mah electric inc. 09-0190 Remove pump & check 320-8831-500.33-30 294.00 1,850.30 09-0190 Install pump,mve flt swit 332-8831-500.33-30 1,360.30 09-0190 Check pump 055-4170-450.33-30 196.00 89613 4/3/2009 Malcolm smith motorsports corp. 99734281 Repl rear tire,brake pads 024-3100-431.33-50 343.21 343.21 89614 4/3/2009 Merritt, sharon REQUEST 031309 Reimb reg,lunch,mile,park 096-1700-417.31-20 697.18 697.18 89615 4/3/2009 Office depot 467707362-001 Envlps, fldrs,paper rolls 050-1400-414.21-10 37.19 111.58 467707362-001 Envlps, fldrs,paper rolls 059-1400-414.21-10 37.19 467707362-001 Envlps, fldrs, paper rolls 055-1400-414.21-10 37.20 89616 4/3/2009 Overnight industrial 44874 Toilet tissue, blk liners 010-7100-410.21-12 92.45 168.77 44948 Disposable gloves 010-4150-410.21-14 6.57 44950 Paper towels,hand cleaner 010-2500-425.21-10 69.75 89617 4/3/2009 Pacific shores construction inc. 5134 Mow, edge, weed planters 105-3320-431.34-05 485.00 485.00 89618 4/3/2009 Pacificare of california REQUEST 033109 Premium april 2009 085-0000-202.21-39 46,907.82 47,264.24 REQUEST 033109 Premium april 2009 065-0000-201.08-64 356.42 89619 4/3/2009 Pasarow, steven REQUEST 033109 Reimburse mileage mar 09 096-1700-417.31-15 80.30 80.30 89620 4/3/2009 Perma 031609 Dep prem 08/09 4th qtr 018-0000-103.12-39 31,644.75 31,644.75 89621 4/3/2009 Pip printing 105515 Printing/18" water line 050-9000-450.36-10 11.17 18.15 105529 Printing/waste water 050-9000-450.36-10 4.65 105552 Printing/zone 3 water srv 050-9000-450.36-10 2.33 89622 4/3/2009 Pitney bowes inc. 9372187-MR09 March 09 rental fee 010-3100-431.21-10 47.00 47.00 89623 4/3/2009 Pju telecomm, inc. 16689 Repl pwr supply/monitor 010-1400-414.33-10 146.24 146.24 89624 4/3/2009 Plumbers depot, inc. PD-10911 1" overhaul kit 055-4170-450.33-50 136.84 136.84 89625 4/3/2009 Pre-paid legal services, inc. REQUEST 033109 March 2009 085-0000-202.21-87 55.82 55.82 89626 4/3/2009 Preferred benefit insurance admin. REQUEST 033109 Grp# 7529-0015,2010-0009 085-0000-202.21-32 4,439.33 4,457.34 Page 5 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89626... 4/3/2009... Preferred benefit insurance admin. REQUEST 033109 Grp# 7529-0015, 2010-0009 065-0000-201.08-64 18.01 4,457.34... 89627 4/3/2009 Press enterprise 56458201 Advertising 199-9999-425.40-01 404.80 404.80 89628 4/3/2009 Procraft, inc. REQUEST 032409 Service doors 010-3200-431.33-30 140.00 522.00 REQUEST 032409 Repair doors 010-3200-431.33-30 382.00 89629 4/3/2009 Professional communications netw 081600629 Live answering srvc 010-3100-431.34-05 278.50 278.50 89630 4/3/2009 Pswc group architects, inc 482 Prof srvcs 1/22-3/24/09 199-9999-425.40-01 2,150.00 2,150.00 89631 4/3/2009 Purchase power 031209 Postage 010-3100-431.21-65 318.99 318.99 89632 4/3/2009 Quick crete products corp. 0083625-IN Custom concrete monument 010-4200-410.40-45 2,588.16 2,588.16 89633 4/3/2009 Quill corporation 5656057 Cups, kleenex, copy paper 010-2500-425.21-10 116.78 116.78 89634 4/3/2009 Reliable office supplies, inc. BJY47400 Architect desk lamp 010-4200-410.21-10 31.23 31.23 89635 4/3/2009 Rightway 655646 Srvc 3/17-4/13/09 010-3100-431.34-50 70.78 70.78 89636 4/3/2009 Riverside county sheriffs 5H0000010940 Contract law dec 2008 010-3100-431.34-04 437,541.01 502,599.50 SH0000010940 Contract law dec 2008 034-3100-431.34-04 60,877.31 SH0000010940 Contract law dec 2008 010-3100-431.34-04 4,181.18 89637 4/3/2009 Riverside county sheriffs dept. SH0000011185 Booking fees-scf 02/09 010-3100-431.30-19 549.45 549.45 89638 4/3/2009 Riverside, county of 031209 Map recording fees feb 09 700-0000-229.07-00 26.00 364.00 031209 Map recording fees feb 09 033-0000-229.07-00 26.00 031209 Map recording fees feb 09 105-3320-431.30-90 312.00 89639 4/3/2009 Rk engineering group, inc. 200902008 Prof service feb 2009 199-9999-425.40-01 1,040.00 1,040.00 89640 4/3/2009 San jacinto petty cash, city of REQUEST 033009 Card for serviceman 010-1100-411.21-10 6.83 37.18 REQUEST 033009 Postage 010-1110-411.21-65 4.21 REQUEST 033009 Parking /wrog 1/15/2009 010-1200-412.31-20 4.00 REQUEST 033009 Cookies/ econ dev seminar 096-1700-417.31-20 8.98 REQUEST 033009 Parking/wrog 2/19/09 010-1200-412.31-20 4.00 REQUEST 033009 Parking/lafco 2/26/09 011-1700-417.31-20 4.00 REQUEST 033009 Ice/cmrta meeting 3/19/09 010-1701-417.21-10 5.16 89641 4/3/2009 Seiu local 721 REQUEST 033109 Assoc dues march 2009 085-0000-202.21-43 969.90 969.90 89642 4/3/2009 Shred it 0503325924 Shredding service 010-3100-431.21-10 90.00 90.00 Page 6 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89643 4/3/2009 Smart & final 147056 Kitchen supplies 010-2500-425.21-10 386.08 386.08 89644 4/3/2009 Staffmark investment, Ilc 0001083222 Wk end 3/15/09, t. murphy 050-1400-414.34-05 220.00 660.00 0001083222 Wk end 3/15/09, t. murphy 055-1400-414.34-05 220.00 0001083222 Wk end 3/15/09, t. murphy 059-1400-414.34-05 220.00 89645 4/3/2009 Staples credit plan - ch 9381686001 Shredder 010-1210-412.21-10 64.54 230.16 9364169001 Misc office supplies 010-2500-425.21-10 118.82 9364169001 Misc office supplies 102-1400-500.21-10 5.68 9364169001 Misc office supplies 010-1400-414.21-10 23.14 9364169001 Misc office supplies 050-1400-414.21-10 5.99 9364169001 Misc office supplies 059-1400-414.21-10 5.99 9364169001 Misc office supplies 055-1400-414.21-10 6.00 89646 4/3/2009 Staples credit plan - pd 44102 3 tab fast archival 010-3100-431.21-10 31.78 37.46 44102 Antibacterial soap 010-3100-431.21-30 5.68 89647 4/3/2009 Star auto parts 43552 Threadlocker, brkclrnr 010-3200-431.33-50 46.49 46.49 89648 4/3/2009 Sticks & bricks,inc. 430 Test/asbestos lead paint 199-9999-425.40-01 1,550.00 1,550.00 89649 4/3/2009 Subbarayan krishnan, m.d. VILJ000 2699 Dmv cpe physical 010-1210-412.30-90 67.00 67.00 89650 4/3/2009 The hartford-priority accounts REQUEST 033109 Life,ad&d,std,ltdiapr '09 085-0000-202.21-46 3,165.98 3,165.98 89653 4/3/2009 Tr-lake consultants, inc. 7004 Prof srvcs 1/31-2/27/09 010-4100-410.30-90 5,749.31 81,579.71 7006 Prof srvcs 1/31-2/27/09 065-0000-201.08-10 405.00 7006 Prof srvcs 1/31-2/27/09 011-1700-417.30-90 7,498.08 7006 Prof srvcs 1/31-2/27/09 065-0000-201.08-83 3,285.00 7006 Prof srvcs 1/31-2/27/09 011-1700-417.30-90 1,620.00 7007 Prof srvcs 1/31-2/27/09 011-1700-417.30-90 740.00 7008 Prof srvcs 1/31-2/27/09 199-9999-425.40-01 377.50 7009 Prof srvcs 1/31-2/27/09 199-9999-425.40-01 1,954.14 7010 Prof srvcs 1/31-2/27/09 199-9999-425.40-01 835.00 7011 Prof srvcs 1/31-2/27/09 199-9999-425.40-01 581.70 7012 Prof srvcs 1/31-2/27/09 199-9999-425.40-01 2,006.70 7013 Prof srvcs 1/31-2/27/09 199-9999-425.40-01 12,532.07 Page 7 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89653... 4/3/2009... Tr-lake consultants, inc.... 7014 Prof srvcs 1/31-2/27/09 199-9999-425.40-01 95.00 81,579.71... 7015 Prof srvcs 1/31-2/27/09 199-9999-425.40-01 2,655.43 7016 Prof srvcs 1/31-2/27/09 065-0000-201.21-04 190.00 7017 Prof srvcs 1/31-2/27/09 199-9999-425.40-01 19.21 7017 Prof srvcs 1/31-2/27/09 199-9999-425.40-01 19.22 7018 Prof srvcs 1/31-2/27/09 065-0000-201.06-47 95.00 7019 Prof srvcs 1/31-2/27/09 199-9999-425.40-01 317.50 7020 Prof srvcs 1/31-2/27/09 199-9999-425.40-01 1,377.50 7021 Prof srvcs 1/31-2/27/09 199-9999-425.40-01 3,462.50 7022 Prof srvcs 1/31-2/27/09 199-9999-425.40-01 2,730.00 7023 Prof srvcs 1/31-2/27/09 199-9999-425.40-01 1,118.19 7024 Prof srvcs 1/31-2/27/09 199-9999-425.40-01 16,599.04 7025 Prof srvcs 1/31-2/27/09 199-9999-425.40-01 1,605.93 7026 Prof srvcs 1/31-2/27/09 199-9999-425.40-01 570.00 7027 Prof srvcs 1/31-2/27/09 199-9999-425.40-01 120.69 7028 Prof srvcs 1/31-2/27/09 065-0000-201.06-49 760.00 7029 Prof srvcs 1/31-2/27/09 199-9999-425.40-01 9,595.00 7030 Prof srvcs 1/31-2/27/09 199-9999-425.40-01 285.00 7031 Prof srvcs 1/31-2/27/09 199-9999-425.40-01 960.00 7032 Prof srvcs 1/31-2/27/09 010-4140-410.34-06 1,420.00 89654 4/3/2009 Twin graphics 903017 Graphics 09-483/484/485 010-3100-431.33-50 1,709.99 1,709.99 89655 4/3/2009 Usa mobility wireless, inc. REQUEST 033009 On call pager service 010-4150-410.35-16 20.84 44.97 REQUEST 033009 On call pager service 050-9000-450.35-16 24.13 89656 4/3/2009 Valley wide recreation 031409 Pal pr reimburse feb 2009 010-3110-431.34-05 4,930.10 9,937.40 032309 Pal pr reimburse mar 2009 010-3110-431.34-05 5,007.30 89657 4/3/2009 Verizon california REQUEST 033109 Telephone service 010-2500-425.35-16 713.96 964.28 REQUEST 033109 Telephone service 010-3110-431.35-16 201.42 REQUEST 033109 Telephone service 010-6500-425.35-16 32.96 REQUEST 033109 Telephone service 025-7252-410.35-16 15.94 Page 8 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89658 4/3/2009 Verizon wireless 0744717497 Mobile phone service 024-3100-431.35-17 239.25 239.25 89659 4/3/2009 Voyager fleet systems, inc. 869158709902 Fleet fuel service 050-9000-450.21-70 128.61 1,150.16 869158709902 Fleet fuel service 055-4170-450.21-70 265.12 869158709902 Fleet fuel service 010-4150-410.21-70 396.20 869158709902 Fleet fuel service 010-4140-410.21-70 100.94 869158709902 Fleet fuel service 010-7100-410.21-70 33.69 869158709902 Fleet fuel service 024-3100-431.21-70 213.33 869158709902 Fleet fuel service 010-2500-425.21-70 12.27 89660 4/3/2009 Winners edge tire and automotive 1302 Wk performed unit 952 010-3320-431.33-50 45.22 45.22 89661 4/3/2009 Xerox corporation 039008231 Lease feb 2009 010-3100-431.34-05 468.99 2,147.99 039593743 Lease march 2009 010-2500-425.34-05 185.21 039593748 Lease march 2009 010-2500-425.34-05 1,493.79 89664 4/10/2009 Albert a. webb associates 900698 Prof srvcs thru 2/21/09 199-9999-425.40-01 46,589.75 46,589.75 89665 4/10/2009 Allen tire company 221238 Wk performed unit # 403 010-4150-410.33-50 219.54 219.54 89666 4/10/2009 American citi corp. 2008-1030 Car wash service 010-3100-431.33-50 13.98 20.97 2008-1061 Car wash service 010-3100-431.33-50 6.99 89667 4/10/2009 American forensic nurses 56558 1 blood draw 010-3100-431.34-05 55.00 566.00 56578 8 blood draws,suspect kit 010-3100-431.34-05 511.00 89668 4/10/2009 Ameripride uniform services L276819 Uniform service 050-9000-450.21-35 53.37 209.80 L276819 Uniform service 055-4170-450.21-35 25.04 L276820 Uniform service 010-4140-410.21-35 17.08 L276820 Uniform service 010-4150-410.21-35 64.15 L276820 Uniform service 057-4150-410.21-35 6.46 L276821 Uniform service 010-7100-410.21-35 33.70 L276821 Uniform service 010-7101-410.21-35 10.00 89669 4/10/2009 Archive management service, inc. 0079160 Storage for april 2009 010-2500-425.30-90 1,100.38 1,100.38 89670 4/10/2009 Arrow printing, inc. 6890 1,000 letterheads 010-2500-425.36-10 218.73 544.14 6893 158/6x9 open end envlpes 010-2500-425.36-10 170.25 6970 1,500 window Ig envelopes 010-2500-425.36-10 155.16 Page 9 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89671 4/10/2009 At&t mobility 877559874X0322 Mobile phone service 010-3100-431.35-17 266.07 266.07 89672 4/10/2009 B &w pipe & supply 85005 Catch basin,sq grate,tape 313-8831-500.21-12 73.99 247.59 85006 Mansion/misc supplies 010-7100-410.21-12 54.06 85014 #13 drain 313-8831-500.21-12 84.19 85023 Mansion/misc supplies 010-7100-410.21-12 35.35 89673 4/10/2009 Ballard gas #1159 5601-276316 64.8 056-4150-410.21-70 115.20 199.99 5601-276357 47.7 056-4150-410.21-70 84.79 89674 4/10/2009 Big trees nursery, inc. 1629 Transplant 12 olive trees 096-9700-470.30-90 25,000.00 25,000.00 89675 4/10/2009 Brenntag pacific, inc. BPI880208 Sodium hypochlorite 050-9000-450.21-12 1,628.30 1,628.30 89676 4/10/2009 Brinks home security 112007067-0309 Monitoring 3/22-4/21/09 010-6100-425.34-05 34.99 34.99 89677 4/10/2009 California building standards REQUEST 040209 Cbsc fees jan 1-mar 31,09 065-0000-201.09-03 128.70 128.70 89678 4/10/2009 Coldwell banker pioneer REQUEST 040309 Credit balance refund 050-0000-308.09-10 66.48 66.48 89679 4/10/2009 Crop production services, inc. 602-84531 Ranger pro mons 30g1 010-4150-410.21-14 1,281.19 1,313.52 602-84668 Quickpro roundup 010-7100-410.21-12 32.33 89680 4/10/2009 Db backflow service (dba) 033009A Certified backflow test 010-7100-410.34-05 40.00 800.00 033009B Cert backflow test, labor 010-7100-410.34-05 80.00 033009C Cert backflow test, labor 332-8831-500.34-05 280.00 033009D Cert backflow test, labor 307-8831-500.34-05 80.00 033009E Certified backflow test 303-8831-500.34-05 40.00 033009F Cert backflow test, labor 010-7100-410.34-05 120.00 033009G Cert backflow test, labor 010-7100-410.34-05 80.00 033009H Cert backflow test, labor 010-7100-410.34-05 80.00 89681 4/10/2009 Department of conservation REQUEST 040209 Smip fees Jan 1-mar 31,09 065-0000-201.08-68 221.11 221.11 89682 4/10/2009 E.s. babcock & sons, inc. AC92204-0278 Iron by icp, mn_icp_dw 050-9000-450.30-90 30.00 60.00 AC92205-0278 Iron by icp, mn_icp_dw 050-9000-450.30-90 30.00 89683 4/10/2009 Eastern municipal water district REQUEST 040709 Water services 010-3200-431.35-10 189.28 2,595.19 REQUEST 040709 Water services 326-8831-500.35-10 915.54 REQUEST 040709 Water services 345-8831-500.35-10 1,490.37 89684 4/10/2009 Eyemed vision care REQUEST 040309 Premium for april 2009 085-0000-202.21-35 983.38 991.02 Page 10 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89684... 4/10/2009... Eyemed vision care... REQUEST 040309 Premium for april 2009 065-0000-201.08-64 7.64 991.02... 89685 4/10/2009 Gibbons & conley 040209 L. fellows, claim #js0712 020-2200-419.30-90 520.20 520.20 89686 4/10/2009 Harrell & company advisors, Ilc 033109 Disclosure annual report 092-9700-470.30-90 750.00 750.00 89687 4/10/2009 Hd supply waterworks, ltd. 8751662 4 mjxflg 90 bend 050-9000-450.21-12 71.52 71.52 89688 4/10/2009 Hemet valley pipe & supply 126930 Misc pipe supplies 010-7100-410.21-12 31.37 35.30 127064 Misc pipe supplies 050-9000-450.33-30 3.93 89689 4/10/2009 International council of shopping REQUEST 040309 Mbmship renew - 3/31/2010 010-1100-411.31-20 50.00 50.00 89690 4/10/2009 lrc, inc. 200903520 Packages 010-1210-412.30-90 100.00 100.00 89691 4/10/2009 J & r concrete prod. inc. 38161 Man hole covers 055-4170-450.33-30 808.13 808.13 89692 4/10/2009 Johnson power systems dba SW030089559 Prey maint,transfer switc 050-9000-450.33-30 1,369.38 1,369.38 89693 4/10/2009 Kb homes REQUEST 040309 Refund-develop impact fee 077-0000-308.08-65 126.75 16,747.75 REQUEST 040309 Refund-develop impact fee 076-0000-308.08-65 1,599.00 REQUEST 040309 Refund-develop impact fee 075-0000-308.08-65 975.00 REQUEST 040309 Refund-develop impact fee 041-0000-308.08-26 1,650.00 REQUEST 040309 Refund-develop impact fee 074-0000-308.08-65 990.00 REQUEST 040309 Refund-develop impact fee 053-0000-308.08-29 2,200.00 REQUEST 040309 Refund-develop impact fee 067-0000-308.08-65 110.00 REQUEST 040309 Refund-develop impact fee 067-0000-308.08-65 550.00 REQUEST 040309 Refund-develop impact fee 067-0000-308.08-65 6,347.00 REQUEST 040309 Refund-develop impact fee 011-0000-308.06-02 550.00 REQUEST 040309 Refund-develop impact fee 011-0000-308.06-03 1,650.00 89694 4/10/2009 Leyland, craig REQUEST 033009 Reimburse cwea test fee 055-4170-450.31-20 215.00 215.00 89695 4/10/2009 Linda fanti REQUEST 032309 Water deposit reund 050-0000-229.08-70 102.78 102.78 89696 4/10/2009 Lisa lequire REQUEST 032609 Water deposit reund 050-0000-229.08-70 73.22 73.22 89697 4/10/2009 Lisa vega REQUEST 032609 Credit balance refund 050-0000-308.09-10 7.51 7.51 89698 4/10/2009 Lisa yerger REQUEST 040309 Water deposit refund 050-0000-229.08-70 180.00 180.00 89699 4/10/2009 Malcolm smith motorsports corp. 99735931 Work performed 024-3100-431.33-50 319.10 548.97 99738210 Work performed 024-3100-431.33-50 229.87 Page 11 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89700 4/10/2009 Mc call's meter sales & service 17398 Valley wide 4" mtr repair 050-9000-450.33-30 294.70 294.70 89701 4/10/2009 Mission grove realty REQUEST 032509 Credit balance refund 050-0000-308.09-10 8.44 126.42 REQUEST 032509 Water deposit refund 050-0000-229.08-70 117.98 89702 4/10/2009 Mullen, arthur REQUEST 040109 Reimb cwea cert renewal 055-4170-450.31-20 61.00 61.00 89703 4/10/2009 National safety compliance, inc. 42548 Dqf on-line monthly fee 010-1210-412.30-90 17.50 17.50 89704 4/10/2009 Oak tree realty group REQUEST 032509 Water deposit refund 050-0000-229.08-70 63.70 63.70 89705 4/10/2009 Office depot 469179946-001 Misc office supplies 102-1400-500.21-10 37.81 259.80 469179946-001 Misc office supplies 010-2500-425.21-10 155.26 469179946-001 Misc office supplies 010-1400-414.21-10 38.63 469179946-001 Misc office supplies 050-1400-414.21-10 9.37 469179946-001 Misc office supplies 055-1400-414.21-10 9.37 469179946-001 Misc office supplies 059-1400-414.21-10 9.36 89706 4/10/2009 Pacific alarm service,inc. R 84437 Alarm service april 2009 010-6500-425.34-05 38.00 811.50 R 84437 Alarm service april 2009 010-2500-425.34-05 346.50 R 84437 Alarm service april 2009 050-9000-450.34-05 189.50 R 84437 Alarm service april 2009 010-4200-410.34-05 217.50 R 84437 Alarm service april 2009 025-7252-410.34-05 20.00 89707 4/10/2009 Paetec communications, inc. 51490144 Communication service 010-3100-431.35-16 1,045.09 1,045.09 89708 4/10/2009 Pip printing 105625 30 set/3 plans 199-9999-425.40-01 94.26 94.26 89709 4/10/2009 Press enterprise SJ-007-032609 Subscription 2/14-8/14/09 010-2500-425.21-10 103.48 103.48 89710 4/10/2009 Reliable office supplies, inc. BJ516800 Office supplies 010-2500-425.21-10 195.00 416.21 BJS16800 Office supplies 011-1700-417.21-10 72.06 BJY36400 Ink cartridges 011-1700-417.21-10 149.15 89711 4/10/2009 Rk engineering group, inc. 200811036 Prof srvcs november 2008 199-9999-425.40-01 855.00 855.00 89712 4/10/2009 Safe-entry 1190 Test & calibration srvc 055-4170-450.30-90 75.00 75.00 89716 4/10/2009 Southern california edison REQUEST 040309 Electricity service 010-2500-425.35-14 297.49 22,868.26 REQUEST 040309 Electricity service 010-3100-431.35-14 924.81 REQUEST 040309 Electricity service 010-7400-425.35-14 780.45 REQUEST 040309 Electricity service 025-7100-410.35-14 1,495.17 Page 12 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89716... 4/10/2009... Southern california edison... REQUEST 040309 Electricity service 025-7250-410.35-14 689.09 22,868.26... REQUEST 040309 Electricity service 025-7251-410.35-14 16.78 REQUEST 040309 Electricity service 025-7252-410.35-14 1,325.26 REQUEST 040309 Electricity service 025-7260-410.35-14 357.29 REQUEST 040309 Electricity service 306-8831-500.35-14 94.35 REQUEST 040309 Electricity service 321-8831-500.35-14 18.81 REQUEST 040309 Electricity service 323-8831-500.35-14 50.28 REQUEST 040309 Electricity service 329-8831-500.35-14 26.82 REQUEST 040309 Electricity service 338-8831-500.35-14 17.11 REQUEST 040309 Electricity service 010-4150-410.35-14 128.02 REQUEST 040309 Electricity service 010-4150-410.35-14 -0.02 REQUEST 040309 Electricity service 304-8831-500.35-14 0.32 REQUEST 040309 Electricity service 310-8831-500.35-14 1.58 REQUEST 040309 Electricity service 318-8831-500.35-14 3.85 REQUEST 040309 Electricity service 319-8832-500.35-14 6.09 REQUEST 040309 Electricity service 322-8831-500.35-14 17.85 REQUEST 040309 Electricity service 324-8831-500.35-14 3.85 REQUEST 040309 Electricity service 333-8831-500.35-14 1.58 REQUEST 040309 Electricity service 334-8831-500.35-14 1.58 REQUEST 040309 Electricity service 335-8831-500.35-14 1.58 REQUEST 040309 Electricity service 336-8831-500.35-14 1.58 REQUEST 040309 Electricity service 337-8831-500.35-14 1.58 REQUEST 040309 Electricity service 339-8831-500.35-14 1.58 REQUEST 040309 Electricity service 342-8831-500.35-14 1.58 REQUEST 040309 Electricity service 359-8831-500.35-14 12.17 REQUEST 040709 Electricity service 010-4150-410.35-14 104.95 REQUEST 040709 Electricity service 010-4200-410.35-14 16.40 REQUEST 040709 Electricity service 025-7260-410.35-14 187.00 REQUEST 040709 Electricity service 050-9000-450.35-14 4,739.76 Page 13 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89716... 4/10/2009... Southern california edison... REQUEST 040709 Electricity service 304-8831-500.35-14 34.65 22,868.26... REQUEST 040709 Electricity service 317-8831-500.35-14 16.53 REQUEST 040709 Electricity service 320-8831-500.35-14 70.59 REQUEST 040709 Electricity service 339-8831-500.35-14 16.53 REQUEST 040709 Electricity service 342-8831-500.35-14 34.78 REQUEST 040709 Electricity service 010-4150-410.35-14 248.21 REQUEST 040709 Electricity service 010-4150-410.35-14 -0.01 REQUEST 040709 Electricity service 301-8831-500.35-14 20.48 REQUEST 040709 Electricity service 302-8831-500.35-14 228.98 REQUEST 040709 Electricity service 305-8831-500.35-14 135.32 REQUEST 040709 Electricity service 315-8831-500.35-14 3.52 REQUEST 040709 Electricity service 315-8831-500.35-14 6.16 REQUEST 040709 Electricity service 342-8831-500.35-14 9.30 REQUEST 040709 Electricity service 371-8831-500.35-14 3.52 REQUEST 040709 Electricity service 371-8831-500.35-14 6.16 REQUEST 040309 Electricity service 050-9000-450.35-14 10,706.95 89717 4/10/2009 Staffmark investment, Ilc 0001085966 Wk end 3/22/09, t. murphy 050-1400-414.34-05 696.31 1,287.00 0001085966 Wk end 3/22/09, t. murphy 055-1400-414.34-05 -217.39 0001085966 Wk end 3/22/09, t. murphy 059-1400-414.34-05 -34.66 0001085966 Wk end 3/22/09, t. murphy 010-1400-414.34-05 182.74 0001088808 Wk end 3/29/09, t. murphy 050-1400-414.34-05 396.00 0001088808 Wk end 3/29/09, t. murphy 055-1400-414.34-05 66.00 0001088808 Wk end 3/29/09, t. murphy 059-1400-414.34-05 132.00 0001088808 Wk end 3/29/09, t. murphy 010-1400-414.34-05 66.00 89718 4/10/2009 Staples credit plan - ch 47796 Jvc ha nc80, tape 010-1110-411.21-10 72.84 72.84 89719 4/10/2009 Star auto parts 42828 Towels, gloves/unit 451 010-4150-410.33-50 50.51 171.17 43621 84 mo battery/unit 311 055-4170-450.33-50 110.91 43806 Moly grs 14 oz 050-9000-450.33-30 9.75 89720 4/10/2009 Stater bros 1210318 Groceries 096-1700-417.31-20 40.12 68.20 Page 14 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89720... 4/10/2009... Stater bros... 1210402 Groceries 010-1100-411.31-20 28.08 68.20... 89721 4/10/2009 The mpsn properties, lp REQUEST 040309 Water deposit refund 050-0000-229.08-70 180.00 180.00 89722 4/10/2009 Underground service alert 320090604 New tickets/march 2009 050-9000-450.34-05 91.50 91.50 89723 4/10/2009 United communities network 5486 Main st cleanup april 09 010-7100-410.34-05 1,095.89 1,693.65 5486 City hall cleanup apr 09 010-2500-425.34-05 597.76 89724 4/10/2009 Usa blue book 780174 Lmi feed pump (#4) 050-9000-450.33-30 1,159.36 1,159.36 89725 4/10/2009 Valley diesel & truck repair 618 Work performed unit 331 055-4170-450.33-50 452.49 452.49 89726 4/10/2009 Verizon california REQUEST 040709 Telephone service 010-2500-425.35-16 121.95 1,101.67 REQUEST 040709 Telephone service 010-3100-431.35-16 350.42 REQUEST 040709 Telephone service 010-3200-431.35-16 76.61 REQUEST 040709 Telephone service 010-4200-410.35-16 192.80 REQUEST 040709 Telephone service 010-7100-410.35-16 36.83 REQUEST 040709 Telephone service 010-7400-425.35-16 214.02 REQUEST 040709 Telephone service 025-7252-410.35-16 -122.87 REQUEST 040709 Telephone service 050-9000-450.35-16 141.86 REQUEST 040709 Telephone service 322-8831-500.35-10 51.44 REQUEST 040709 Telephone service 305-8831-500.35-10 38.61 89727 4/10/2009 Western riverside council REQUEST 040209 Tumf fees for march 2009 065-0000-201.08-80 156,493.35 156,493.35 89728 4/10/2009 Xerox corporation 039593745 Lease for march 2009 010-2500-425.34-05 2,479.95 2,958.59 039593746 Lease for march 2009 010-2500-425.34-05 478.64 89729 4/10/2009 Z best pizza 629565 Pizza delivery 010-1100-411.31-20 30.16 30.16 89732 4/17/2009 Aflac REQUEST 041309 Premium for march 2009 085-0000-202.21-27 2,187.02 2,187.02 89733 4/17/2009 Air cleaning systems, inc. 23029 Pressure sensor, labor 010-3200-431.33-10 233.06 233.06 89734 4/17/2009 Alfredo's auto repair 0128 2 flat repairs 010-7100-410.21-35 12.00 12.00 89735 4/17/2009 American rotary broom co., inc. 098575 Main broom material kit 056-4150-410.33-50 405.17 405.17 89736 4/17/2009 Ameripride uniform services L282991 Uniform service 050-9000-450.21-35 40.25 117.99 L282991 Uniform service 055-4170-450.21-35 25.04 L282993 Uniform service 010-7100-410.21-35 40.00 Page 15 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89736... 4/17/2009... Ameripride uniform services... L282993 Uniform service 010-7101-410.21-35 12.70 117.99... 89737 4/17/2009 Arrow printing, inc. 6969 500 business cards 050-9000-450.36-10 47.41 47.41 89738 4/17/2009 B &w pipe & supply 85061 Pipe and supplies 010-7100-410.21-12 26.70 54.11 85075 Pipe and supplies 010-7100-410.21-12 27.41 89739 4/17/2009 Ballard gas #1159 5601-276396 60.1 056-4150-410.21-70 95.84 201.56 5601-276461 66.3 056-4150-410.21-70 105.72 89740 4/17/2009 Bank of america business card REQUEST 041309 Radioshack 024-3100-431.35-17 43.49 43.49 89741 4/17/2009 Bank of america business card REQUEST 041309 El pollo loco 010-3200-431.21-90 87.23 167.16 REQUEST 041309 Stater bros 010-3200-431.21-10 19.17 REQUEST 041309 Sam's club 010-3200-431.21-10 60.76 89742 4/17/2009 Bank of america business card REQUEST 041309 Credit/hostway.com 096-1700-417.34-05 -9.90 409.02 REQUEST 041309 League of calif cities 010-1100-411.31-20 295.00 REQUEST 041309 Xerox 010-2500-425.21-10 123.92 89744 4/17/2009 Best best & krieger, Ilp 040709 Total rda 096-1111-411.30-90 9,226.24 86,920.23 040709 Sj cfd 2 a 2002 046-8800-450.30-90 704.00 040709 Total water enterprise 050-1111-411.30-90 2,621.60 040709 Total general fund 010-1111-411.30-90 36,621.55 040709 Planning rev 011-1700-417.30-90 3,855.50 040709 Total agreement 045-8800-450.30-90 7,063.54 040709 Sanderson ave widening 199-9999-425.40-01 5,789.39 040709 Levee right of way 199-9999-425.40-01 15,002.00 040709 Total levee project 065-0000-103.12-68 746.55 040709 Lndscpe,lighting,11pd #2 102-1400-500.30-90 71.54 040709 Lndscpe,lighting,11pd #2 102-1400-500.30-90 286.20 040709 Lndscpe,lighting,11pd #2 102-1400-500.30-90 143.10 040709 Lndscpe,lighting,11pd #2 102-1400-500.30-90 60.30 040709 Lndscpe,lighting,11pd #2 102-1400-500.30-90 357.75 040709 Lndscpe,lighting,11pd #2 102-1400-500.30-90 482.40 040709 Lndscpe,lighting,11pd #2 102-1400-500.30-90 548.55 Page 16 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89744... 4/17/2009... Best best & krieger, Up... 040709 Lndscpe,lighting,11pd #2 102-1400-500.30-90 45.00 86,920.23... 040709 Lndscpe,lighting,11pd #2 026-0000-229.07-00 286.20 040709 Lndscpe,lighting,11pd #2 026-0000-229.07-00 143.10 040709 Lndscpe,lighting,11pd #2 026-0000-229.07-00 155.03 040709 Lndscpe,lighting,11pd #2 026-0000-229.07-00 155.03 040709 Lndscpe,lighting,11pd #2 046-8800-450.30-90 711.00 040709 Alexander communities 026-0000-229.07-00 840.53 040709 Road maint assess distric 102-1400-500.30-90 643.95 040709 Police/fire cfd 102-1400-500.30-90 360.18 89745 4/17/2009 Bj sporting goods, inc. 96883 Boot purchase/j. mullen 055-4170-450.21-35 95.49 95.49 89746 4/17/2009 Black voice news 3400 Notice of inviting bids 199-9999-425.40-01 572.80 572.80 89747 4/17/2009 Brenntag pacific, inc. BPI883510 Sodium hypochlorite 050-9000-450.21-12 3,000.73 3,000.73 89748 4/17/2009 Calpers REQUEST 040909 March 6, 09, type 4 085-0000-202.21-28 33,498.06 33,498.06 89749 4/17/2009 Calpers REQUEST 041309 April 9, 2009, type 3 085-0000-202.21-28 34,693.06 34,693.06 89750 4/17/2009 Ced consolidated electrical 2983-466921 2p-120/240v-20a cb 010-7100-410.21-12 11.20 11.20 89751 4/17/2009 Crop production services, inc. 602-84667 Wfs spec blend, proline 199-9999-425.40-01 225.74 225.74 89752 4/17/2009 Cutting edge staffing, inc. 26522 Wk end 3/22/09 011-3300-431.30-90 1,287.27 4,023.80 26522 Wk end 3/22/09 010-1400-414.34-05 76.73 26542 Wk end 3/29/09 011-3300-431.30-90 1,253.17 26542 Wk end 3/29/09 010-1400-414.34-05 93.78 26558 Wk end 4/05/09 011-3300-431.30-90 1,287.27 26558 Wk end 4/05/09 010-1400-414.34-05 25.58 89753 4/17/2009 Dewey pest control (dba) 5084899 Pest cntrl srvc april 09 010-2500-425.34-05 40.00 85.00 5067378 Pest cntrl srvc april 09 010-2500-425.34-05 45.00 89754 4/17/2009 Durrett, ralph REQUEST 041509 Reimb wtr distr oper,cert 055-4170-450.31-20 100.00 100.00 89755 4/17/2009 E.s. babcock & sons, inc. AC92536-0278 Coliforms p/a by mmo/mug 050-9000-450.30-90 56.00 181.00 AD90224-0278 Iron by icp, manganese 050-9000-450.30-90 30.00 AD90284-0278 General physical analysis 050-9000-450.30-90 25.00 AD90385-0278 Coliforms p/a by mmo/mug 050-9000-450.30-90 70.00 Page 17 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount , Check Total 89756 4/17/2009 E&e tires 7681 Flat repair unit # 405 010-4150-410.33-50 10.00 10.00 89757 4/17/2009 Eastern municipal water district 9231-331 Reimburse/lowering vault 199-9999-425.40-01 2,500.00 2,500.00 89759 4/17/2009 Eastern municipal water district REQUEST 041309 Water service 025-7250-410.35-10 87.74 5,481.12 REQUEST 041309 Water service 301-8831-500.35-10 166.17 REQUEST 041309 Water service 303-8831-500.35-10 112.32 REQUEST 041309 Water service 305-8831-500.35-10 388.40 REQUEST 041309 Water service 306-8831-500.35-10 70.64 REQUEST 041309 Water service 307-8831-500.35-10 992.37 REQUEST 041309 Water service 310-8831-500.35-10 43.93 REQUEST 041309 Water service 313-8831-500.35-10 391.18 REQUEST 041309 Water service 321-8831-500.35-10 154.29 REQUEST 041309 Water service 323-8831-500.35-10 107.19 REQUEST 041309 Water service 325-8831-500.35-10 267.37 REQUEST 041309 Water service 326-8831-500.35-10 9.69 REQUEST 041309 Water service 327-8831-500.35-10 357.33 REQUEST 041309 Water service 331-8831-500.35-10 95.29 REQUEST 041309 Water service 332-8831-500.35-10 306.15 REQUEST 041309 Water service 338-8831-500.35-10 1,005.74 REQUEST 041309 Water service 341-8831-500.35-10 575.38 REQUEST 041309 Water service 359-8831-500.35-10 239.58 REQUEST 041309 Water service 362-8831-500.35-10 110.36 89760 4/17/2009 Fm lock and safe,inc. 65895 Duplicate keys/sallee pk 010-7100-410.21-12 6.53 6.53 89761 4/17/2009 Gst information technology solutior REQUEST 041009 Cpu, monitor, printer 199-9999-425.40-01 1,140.20 0.00 REQUEST 041009 Cpu, monitor, printer 199-9999-425.40-01 -1,140.20 89762 4/17/2009 Hartford life insurance companies REQUEST 041309 Apr 9,09, grp # 109947 085-0000-202.21-29 2,984.00 2,984.00 89763 4/17/2009 Hemet oil inc. 540322 76 turbine oil 32 050-9000-450.33-30 135.51 135.51 89764 4/17/2009 Hemet valley tool & supply 46989 Weedeater repair 010-4140-410.21-80 23.48 23.48 89765 4/17/2009 lcma retirement trust REQUEST 041309 Apr 9,09, grp # 300434 085-0000-202.21-29 1,500.00 1,500.00 89766 4/17/2009 Joni b. goodman 09/2/3 Service for feb & mar '09 010-2500-425.30-90 1,760.00 1,760.00 Page 18 City of San Jacinto Warrant Register 04/30/2009 Check Number , Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89767 4/17/2009 Karl's tractor service 2118 Spring discing 2009 105-3320-431.34-05 145.00 1,095.00 2120 Spring discing 2009 096-1700-417.34-05 950.00 89768 4/17/2009 Lincoln life REQUEST 041309 Contrib april 9, 2009 085-0000-202.21-29 100.00 100.00 89769 4/17/2009 Lsi title REQUEST 040709 Refund duplicate payment 105-0000-304.03-39 313.00 313.00 89770 4/17/2009 Mah electric inc. 09-0180 Electrical work/pumps 306-8831-500.33-30 419.80 615.80 09-0180 Electrical work/pumps 320-8831-500.33-30 196.00 89771 4/17/2009 Mannion, darren (dj) REQUEST 040909 Mileage reimbursement 011-1700-417.31-20 69.99 69.99 89772 4/17/2009 Master care commercial janitorial 3102 Janitorial srvc march 09 010-2500-425.34-05 2,140.00 3,223.00 3114 Janitorial srvc march 09 010-7400-425.34-05 1,083.00 89773 4/17/2009 Mpsn property REQUEST 040709 Water deposit refund 050-0000-229.08-70 171.94 171.94 89774 4/17/2009 Overnight industrial 44962 Liners, tissue, disinfect 010-7100-410.21-12 156.13 156.13 89775 4/17/2009 Pacific shores construction inc. 5368 Fire damage board up 105-3320-431.34-05 590.00 960.00 5417 Mow, edge, weed planters 105-3320-431.34-05 370.00 89776 4/17/2009 Paetec communications, inc. 51507606 Communication services 010-2500-425.35-16 1,067.32 1,067.32 89777 4/17/2009 Parkhouse tire, inc REQUEST 040309 Front & rear wheels 010-3200-431.33-50 1,964.87 1,964.87 89779 4/17/2009 Pierce plumbing, inc. 37017 Plumbing & misc supplies 010-7100-410.21-12 18.08 886.53 37017 Plumbing & misc supplies 010-7101-410.21-12 26.00 37018 Plumbing & misc supplies 050-9000-450.33-30 67.41 37019 Plumbing & misc supplies 010-4150-410.21-12 9.42 37019 Plumbing & misc supplies 056-4150-410.33-50 20.00 37023 Plumbing & misc supplies 010-7100-410.21-12 25.92 37024 Plumbing & misc supplies 010-7100-410.21-12 45.70 37029 Plumbing & misc supplies 050-9000-450.33-30 102.34 37032 Plumbing & misc supplies 010-7100-410.21-12 33.39 37033 Plumbing & misc supplies 010-7100-410.21-12 37.00 37033 Plumbing & misc supplies 010-7101-410.21-12 50.55 37035 Plumbing & misc supplies 055-4170-450.21-12 84.05 37037 Plumbing & misc supplies 010-7100-410.21-12 58.52 37042 Plumbing & misc supplies 010-7100-410.21-12 65.74 Page 19 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89779... 4/17/2009... Pierce plumbing, inc.... 37044 Plumbing & misc supplies 050-9000-450.33-30 24.74 886.53... 37141 Plumbing & misc supplies 010-7100-410.21-12 48.00 37142 Plumbing & misc supplies 010-7100-410.21-12 95.19 37143 Plumbing & misc supplies 010-7100-410.21-12 24.10 37144 Plumbing & misc supplies 010-7100-410.21-12 23.95 37145 Plumbing & misc supplies 010-7100-410.21-12 20.64 37045 Plumbing & misc supplies 010-2500-425.33-30 5.79 89780 4/17/2009 Press enterprise SJ-018-030609 Subscription/52 weeks 010-3200-431.21-10 78.00 78.00 89781 4/17/2009 Priority mailing systems, Ilc 040709 Update software/increase 010-2500-425.33-30 590.00 590.00 89782 4/17/2009 Probity automotive specialists,inc. 84 Wk performed 2004 ford 050-9000-450.33-50 271.53 271.53 89783 4/17/2009 Quill corporation 5944477 Office supplies 010-1400-414.21-10 25.73 160.35 5944477 Office supplies 010-2500-425.21-10 134.62 89784 4/17/2009 Rodriguez, mirella REQUEST 040809 Reimburse lunch expense 010-2510-425.40-12 26.80 26.80 89785 4/17/2009 San jacinto petty cash, city of REQUEST 040909 Usps/postage 010-1100-411.21-65 6.85 72.20 REQUEST 040909 Usps/postage 010-1100-411.21-65 5.50 REQUEST 040909 Usps/postage 010-1100-411.21-65 4.95 REQUEST 040909 Parking fee 102-1400-500.31-20 9.90 REQUEST 040909 Parking fee 010-4150-410.31-20 20.00 REQUEST 040909 Global surplus/p/u waste 059-8052-450.30-90 25.00 89786 4/17/2009 Senior home repair, inc. 1025 Work performed 199-9999-425.40-01 3,000.00 9,229.00 1026 Work performed 199-9999-425.40-01 3,000.00 1027 Work performed 199-9999-425.40-01 1,734.23 1028 Work performed 199-9999-425.40-01 290.99 1029 Work performed 199-9999-425.40-01 1,203.78 89789 4/17/2009 Southern california edison REQUEST 041009 Electricity service 010-3200-431.35-14 29.98 8,599.68 REQUEST 041009 Electricity service 010-4150-410.35-14 66.79 REQUEST 041009 Electricity service 025-7100-410.35-14 69.28 REQUEST 041009 Electricity service 025-7250-410.35-14 16.53 REQUEST 041009 Electricity service 025-7252-410.35-14 1.77 Page 20 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89789... 4/17/2009... Southern california edison... REQUEST 041009 Electricity service 025-7260-410.35-14 372.47 8,599.68... REQUEST 041009 Electricity service 050-9000-450.35-14 3,829.71 REQUEST 041009 Electricity service 302-8831-500.35-14 16.53 REQUEST 041009 Electricity service 303-8831-500.35-14 32.50 REQUEST 041009 Electricity service 304-8831-500.35-14 110.49 REQUEST 041009 Electricity service 331-8831-500.35-14 101.51 REQUEST 041009 Electricity service 332-8831-500.35-14 51.58 REQUEST 041009 Electricity service 332-8831-500.35-14 76.16 REQUEST 041009 Electricity service 362-8831-500.35-14 81.23 REQUEST 041009 Electricity service 010-4150-410.35-14 583.17 REQUEST 041009 Electricity service 010-4150-410.35-14 3.41 REQUEST 041009 Electricity service 303-8831-500.35-14 232.01 REQUEST 041009 Electricity service 307-8831-500.35-14 702.97 REQUEST 041009 Electricity service 309-8831-500.35-14 292.75 REQUEST 041009 Electricity service 312-8831-500.35-14 33.73 REQUEST 041009 Electricity service 315-8831-500.35-14 14.99 REQUEST 041009 Electricity service 316-8831-500.35-14 46.93 REQUEST 041009 Electricity service 320-8831-500.35-14 495.87 REQUEST 041009 Electricity service 326-8831-500.35-14 972.95 REQUEST 041009 Electricity service 329-8831-500.35-14 148.84 REQUEST 041009 Electricity service 331-8831-500.35-14 179.68 REQUEST 041009 Electricity service 334-8831-500.35-14 3.10 REQUEST 041009 Electricity service 335-8831-500.35-14 3.45 REQUEST 041009 Electricity service 335-8831-500.35-14 3.10 REQUEST 041009 Electricity service 336-8831-500.35-14 3.45 REQUEST 041009 Electricity service 336-8831-500.35-14 3.10 REQUEST 041009 Electricity service 337-8831-500.35-14 3.45 REQUEST 041009 Electricity service 337-8831-500.35-14 3.10 REQUEST 041009 Electricity service 339-8831-500.35-14 3.45 Page 21 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89789... 4/17/2009... Southern california edison... REQUEST 041009 Electricity service 339-8831-500.35-14 3.10 8,599.68... REQUEST 041009 Electricity service 342-8831-500.35-14 3.45 REQUEST 041009 Electricity service 342-8831-500.35-14 3.10 89790 4/17/2009 Staffmark investment, Ilc 0001080468 Wk end 3/8/09, t. murphy 010-1400-414.34-05 52.80 528.00 0001080468 Wk end 3/8/09, t. murphy 050-1400-414.34-05 316.80 0001080468 Wk end 3/8/09, t. murphy 055-1400-414.34-05 52.80 0001080468 Wk end 3/8/09, t. murphy 059-1400-414.34-05 105.60 89791 4/17/2009 Stockton, tim REQUEST 041409 Reimb grd 2 wtr cert exam 055-4170-450.31-20 65.00 65.00 89792 4/17/2009 Subbarayan krishnan, m.d. RODDE00 2718 Physical/pre employment 010-1210-412.30-90 115.00 115.00 89793 4/17/2009 Sungard public sector, inc. 890368 Asp maintenance may 2009 010-1400-414.34-05 3,768.00 3,768.00 89794 4/17/2009 The bank of new york mellon 1394863 Admin fee 3/1/09-2/28/10 042-8501-450.30-90 1,250.00 334.01 1394863 Reserving funds 042-0000-101.11-80 -915.99 89795 4/17/2009 Tovey/shultz construction REQUEST 040709 Water deposit refund 050-0000-229.08-70 417.82 417.82 89796 4/17/2009 Tr-lake consultants, inc. 6221 Prof srvcs march 2008 065-0000-201.06-47 3,686.84 17,362.60 6123 Prof srvcs feb 2008 065-0000-201.06-47 4,280.50 6295 Prof srvcs march 2008 065-0000-201.06-47 4,573.82 6717 Prof srvcs 9/27-11/7/08 065-0000-201.06-47 2,041.28 6821 Prof srvcs 11/8-12/5/08 065-0000-201.06-47 1,846.17 6921 Prof srvcs 12/6-12/31/08 065-0000-201.06-47 933.99 89797 4/17/2009 Twrite, inc. 09-0010 Website maintenance 010-2500-425.34-05 3,421.25 3,421.25 89798 4/17/2009 Valley steel and welding 11157 Fabricate 2 skids # 451 010-4150-410.33-50 122.05 122.05 89799 4/17/2009 Verizon california REQUEST 041309 Telephone service 010-2500-425.35-16 160.00 285.35 REQUEST 041309 Telephone service 010-6100-425.35-16 61.57 REQUEST 041309 Telephone service 313-8831-500.35-10 29.75 REQUEST 041309 Telephone service 326-8831-500.35-10 34.03 89800 4/17/2009 Xerox corporation 039715137 Lease march 2009 010-4200-410.34-05 637.87 637.87 89803 4/24/2009 A devine enterprise inc REQUEST 041409 Credit balance refund 050-0000-308.09-10 60.44 123.60 REQUEST 040209 Water deposit refund 050-0000-229.08-70 63.16 89804 4/24/2009 Aa equipment 8306554 Computer system unit 451 010-4150-410.33-50 2,896.29 2,896.29 Page 22 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89805 4/24/2009 Alberto aguilar REQUEST 041409 Credit balance refund 050-0000-308.09-10 97.65 97.65 89806 4/24/2009 Alessandro bernardini REQUEST 040209 Water deposit refund 050-0000-229.08-70 54.89 54.89 89807 4/24/2009 Amber schauer REQUEST 041709 Water deposit refund 050-0000-229.08-70 107.68 107.68 89808 4/24/2009 American citi corp. 2008-1064 City car wash service 010-2500-425.33-50 6.99 45.93 2008-1064 City car wash service 010-3320-431.33-50 12.98 2008-1064 City car wash service 011-3300-431.33-50 6.99 2008-1064 City car wash service 011-1700-417.33-50 6.99 2008-1064 City car wash service 010-3100-431.33-50 11.98 89810 4/24/2009 Ameripride uniform services L282992 Uniform service 010-4140-410.21-35 17.08 440.54 L282992 Uniform service 010-4150-410.21-35 44.03 L282992 Uniform service 057-4150-410.21-35 6.46 L289100 Uniform service 050-9000-450.21-35 43.25 L289100 Uniform service 055-4170-450.21-35 25.04 L289101 Uniform service 010-4140-410.21-35 17.08 L289101 Uniform service 010-4150-410.21-35 45.53 L289101 Uniform service 057-4150-410.21-35 6.46 L289102 Uniform service 010-7100-410.21-35 30.00 L289102 Uniform service 010-7101-410.21-35 13.70 L289103 Uniform service 055-4170-450.21-35 16.85 L295143 Uniform service 055-4170-450.21-35 25.04 L295143 Uniform service 050-9000-450.21-35 40.25 L295144 Uniform service 010-4140-410.21-35 17.08 L295144 Uniform service 010-4150-410.21-35 42.53 L295144 Uniform service 057-4150-410.21-35 6.46 L295145 Uniform service 010-7100-410.21-35 33.70 L295145 Uniform service 010-7101-410.21-35 10.00 89811 4/24/2009 Ana penate REQUEST 041709 Water deposit refund 050-0000-229.08-70 141.71 141.71 89812 4/24/2009 Aqua metric sales company 0027381-IN 3/4" srii, 1" srii tr/pl 050-9000-450.33-30 4,341.30 4,341.30 89813 4/24/2009 Asphalt & concrete recycling 14974 1 concrete dump 010-4150-410.21-12 25.00 25.00 Page 23 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89814 4/24/2009 B & w pipe & supply 85136 1/2 pint christy,3/4" fib 010-7100-410.21-12 11.86 11.86 89815 4/24/2009 Ballard gas #1159 5601-276758 63.2 056-4150-410.21-70 101.72 375.57 5601-276801 52.3 056-4150-410.21-70 84.17 5601-276831 60.7 056-4150-410.21-70 97.69 5601-276869 60.7 056-4150-410.21-70 91.99 89816 4/24/2009 Bank of sacramento 08619346 1 Escrow #6362-019,retentio 199-0000-210.20-25 11,477.50 11,477.50 89817 4/24/2009 Bedrock ready-mix, Ilc 040309 5 sack/1 yard 010-4150-410.21-12 157.69 440.44 041309 5 sack/1/2 yard 010-4150-410.21-12 125.06 041309 5 sack/1 yard 010-4150-410.21-12 157.69 89818 4/24/2009 Best best & krieger, Ilp 592281 Ethics training 010-1100-411.31-20 750.00 1,500.00 592281 Ethics training 011-1700-417.31-20 750.00 89819 4/24/2009 Brenntag pacific, inc. BPI885165 Sodium hypochlorite 050-9000-450.21-12 1,988.11 1,988.11 89820 4/24/2009 Brigitte kageyama REQUEST 041709 Water deposit refund 050-0000-229.08-70 25.28 25.28 89821 4/24/2009 Brinks home security 109815720-0309 Monitoring 3/26-4/25/09 010-2500-425.34-05 34.99 34.99 89822 4/24/2009 Britannia development REQUEST 041709 Water deposit refund 050-0000-229.08-70 175.98 175.98 89823 4/24/2009 Calcpa 031609 Mbrship 5/1/09-4/30/2010 010-1400-414.30-16 395.00 395.00 89824 4/24/2009 Calp.e.r.s. H2009050839000 Premium for may 2009 085-0000-202.21-39 850.22 911.93 H2009050839000 Premium for may 2009 010-1200-412.11-17 61.71 89825 4/24/2009 Civic stone, inc. 3007 Home improve prog mar 09 199-9999-425.40-01 1,139.50 1,139.50 89826 4/24/2009 Coldwell banker pioneer real estat( REQUEST 040209 Credit balance refund 050-0000-308.09-10 45.00 166.57 REQUEST 040209 Water deposit refund 050-0000-229.08-70 121.57 89827 4/24/2009 Cost recovery systems, inc 1 State mandate claim srvcs 010-2500-425.30-90 7,750.00 7,750.00 89828 4/24/2009 D & I wheeler enterprises inc. 01 03/31/2009 Services provided 199-9999-425.40-01 50,231.25 95,052.38 01 03/31/2009 10% retention withheld 199-0000-210.20-25 -5,023.12 01 03/31/2009 Services provided 199-9999-425.40-01 55,382.50 01 03/31/2009 10% retention withheld 199-0000-210.20-25 -5,538.25 89829 4/24/2009 D.m.c. tree care 040809 Clean up brush & wood 010-7100-410.34-05 475.00 475.00 89830 4/24/2009 Deanna carpinelli REQUEST 041709 Water deposit refund 050-0000-229.08-70 103.04 103.04 Page 24 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89831 4/24/2009 Dewey pest control (dba) 5057352 5081142 Pest cntrl srvc april 09 Pest cntrl srvc april 09 010-3200-431.34-05 010-3200-431.34-05 32.00 30.00 62.00 89832 4/24/2009 Dgvm v34 inc green REQUEST 041709 Water deposit refund 050-0000-229.08-70 103.45 103.45 89833 4/24/2009 Dgvm v34, inc REQUEST 040209 Water deposit refund 050-0000-229.08-70 56.81 56.81 89834 4/24/2009 E.s. babcock & sons, inc. AD90777-0278 AD90799-0278 Coliforms p/a by mmo/mug Iron by icp, manganese 050-9000-450.30-90 050-9000-450.30-90 70.00 60.00 130.00 89835 4/24/2009 E&e tires 7685 2 tubes unit 451 010-4150-410.33-50 30.00 30.00 89836 4/24/2009 Eastern municipal water district MISC-404 Wtr usage 6/17/08-3/20/09 025-7250-410.35-10 8,650.55 8,650.55 89837 4/24/2009 Eastern municipal water district REQUEST 042009 REQUEST 042009 REQUEST 042009 REQUEST 042009 REQUEST 042009 Water service Water service Water service Water service Water service 025-7250-410.35-10 025-7251-410.35-10 025-7252-410.35-10 304-8831-500.35-10 317-8831-500.35-10 163.34 1,085.40 40.33 20.92 14.50 1,324.49 89838 4/24/2009 Empire welding supply 7840 7843 Helmet, wheels, gloves Lift glasses 199-9999-425.40-01 199-9999-425.40-01 740.32 74.94 815.26 89839 4/24/2009 First american title co.,inc. 446-44619759 446-44619760 Prelim report/181 e. main Prelim report/201 e. main 096-1700-417.30-90 096-1700-417.30-90 750.00 750.00 1,500.00 89840 4/24/2009 Fm lock and safe,inc. 65415 Keys/unit # 620 010-7100-410.21-12 8.43 8.43 89841 4/24/2009 Freedom realty REQUEST 041709 Water deposit refund 050-0000-229.08-70 109.49 109.49 89842 4/24/2009 Fti property management REQUEST 041709 Water deposit refund 050-0000-229.08-70 83.29 83.29 89843 4/24/2009 Galls/long beach uniform co. 19078 19080 19081 Boots, pants, mkiv pepper Trousers, boots, pepper Pants, boots, mkiv pepper 010-3320-431.21-35 010-3320-431.21-35 010-3320-431.21-35 246.70 218.69 214.34 679.73 89844 4/24/2009 Gas company,the REQUEST 042009 Gas service 010-4200-410.35-12 10.91 10.91 89845 4/24/2009 Hallberg, phil REQUEST 042109 Reimb for pool chemicals 105-3320-431.21-80 152.22 152.22 89846 4/24/2009 . Hd supply waterworks, ltd. 8798757 8836664 8838867 Misc supplies Misc supplies 2-1/2" psi liquid gauge 050-9000-450.33-30 050-9000-450.33-30 050-9000-450.33-30 1,402.22 91.31 18.25 1,511.78 Page 25 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89847 4/24/2009 Hemet industrial supply 34729 V2178 flat black 010-4150-410.21-12 22.02 355.27 34734 V2176 black, dust mask 199-9999-425.40-01 74.41 34737 Misc bolts, washers 010-4150-410.21-12 1.79 34742 Flat black, freight 199-9999-425.40-01 141.88 34752 10 powder free gloves 055-4170-450.21-12 115.17 89848 4/24/2009 Hemet valley pipe & supply 127367 Pipe and supplies 010-7100-410.21-12 156.87 198.47 127376 Pipe and supplies 050-9000-450.33-30 25.34 127483 Pipe and supplies 050-9000-450.33-30 16.26 89849 4/24/2009 Hemet valley tool & supply 46734 3/4" pump 010-7100-410.21-12 21.00 21.00 89850 4/24/2009 Henry wong REQUEST 041409 Credit balance refund 050-0000-308.09-10 5.60 5.60 89851 4/24/2009 Henry wong REQUEST 041409 Credit balance refund 050-0000-308.09-10 5.60 5.60 89852 4/24/2009 Hi-way safety, inc. 90471 2 project signs 199-9999-425.40-01 587.24 587.24 89853 4/24/2009 Home depot credit services 5091337 Exterior paint 050-9000-450.33-30 123.98 830.04 2080477 Grinders, batteries 199-9999-425.40-01 331.75 0026515 Nuts, bolts, misc. 010-4150-410.21-12 240.12 0252700 Fuse boxes,wire strippers 199-9999-425.40-01 134.19 89854 4/24/2009 I.b. reprographics 90896 Digital ppc 199-9999-425.40-01 172.01 434.21 90909 Digital ppc 199-9999-425.40-01 262.20 89855 4/24/2009 Infosend inc. 36359 Statements mailed mar 09 050-1400-414.21-10 709.72 2,129.17 36359 Statements mailed mar 09 055-1400-414.21-10 709.72 36359 Statements mailed mar 09 059-1400-414.21-10 709.73 89856 4/24/2009 Inland foundation eng. inc. 15110 Prelim geotech investigat 199-9999-425.40-01 3,900.00 7,800.00 15111 Prelim geotech investigat 199-9999-425.40-01 3,900.00 89857 4/24/2009 Jose salgado REQUEST 041709 Water deposit refund 050-0000-229.08-70 82.24 82.24 89858 4/24/2009 Kammeyer & associates inc. 9821M Lndscpe architect srvcs 199-9999-425.40-01 6,490.00 22,110.41 9820S Lndscpe architect srvcs 065-0000-201.06-20 1,100.41 9814S Lndscpe srvc zone 8 026-0000-229.07-00 5,060.00 9814S Lndscpe srvc zone 43 026-0000-229.07-00 3,520.00 9814S Lndscpe srvc zone 77 026-0000-229.07-00 5,280.00 Page 26 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89858... 4/24/2009... Kammeyer & associates inc.... 9814S Lndscpe srvc zone 65 026-0000-229.07-00 660.00 22,110.41... 89859 4/24/2009 Kb home REQUEST 022609 Refund extension payment 011-0000-308.06-30 1,050.00 1,050.00 89860 4/24/2009 Kenneth geurkink REQUEST 040209 Water deposit refund 050-0000-229.08-70 173.17 173.17 89861 4/24/2009 Lake hemet municipal water distric 040709 Water service/ o agape 322-8831-500.35-10 888.97 888.97 89862 4/24/2009 Lancaster contract survey company 09-023 Survey crew service 199-9999-425.40-01 6,865.00 12,060.00 09-024 Survey crew service 199-9999-425.40-01 2,715.00 09-025 Survey crew service 199-9999-425.40-01 600.00 09-026 Survey crew service 199-9999-425.40-01 1,880.00 89863 4/24/2009 Lisa lequire REQUEST 041409 Credit balance refund 050-0000-308.09-10 60.44 60.44 89864 4/24/2009 Lor geotechnical group, inc. 12602 Service for 3/2-3/29/09 199-9999-425.40-01 1,065.00 2,755.00 12603 Service for 3/2-3/29/09 199-9999-425.40-01 1,010.00 12604 Service for 3/2-3/29/09 199-9999-425.40-01 680.00 89865 4/24/2009 Magil & associates REQUEST 040209 Water deposit refund 050-0000-229.08-70 71.22 71.22 89866 4/24/2009 Mary caley REQUEST 041709 Water deposit refund 050-0000-229.08-70 33.37 33.37 89867 4/24/2009 Michael thompson REQUEST 041409 Credit balance refund 050-0000-308.09-10 20.16 20.16 89868 4/24/2009 Mission grove realty REQUEST 041709 Water deposit refund 050-0000-229.08-70 69.10 69.10 89869 4/24/2009 National safety compliance, inc. 42646 D.o.t.cert drug/alco test 010-1210-412.30-90 249.80 249.80 89872 4/24/2009 Nextel communications REQUEST 041709 Blkberry/cell phone srvc 010-1100-411.35-17 282.38 2,299.18 REQUEST 041709 Blkberry/cell phone srvc 010-1110-411.35-17 52.93 REQUEST 041709 Blkberry/cell phone srvc 010-1200-412.35-17 88.22 REQUEST 041709 Blkberry/cell phone srvc 010-1400-414.35-17 109.39 REQUEST 041709 Blkberry/cell phone srvc 011-1700-417.35-17 13.29 REQUEST 041709 Blkberry/cell phone srvc 010-2500-425.35-17 22.10 REQUEST 041709 Blkberry/cell phone srvc 010-3100-431.35-17 26.58 REQUEST 041709 Blkberry/cell phone srvc 011-3300-431.35-17 128.03 REQUEST 041709 Blkberry/cell phone srvc 010-3320-431.35-17 53.31 REQUEST 041709 Blkberry/cell phone srvc 010-4140-410.35-17 97.43 REQUEST 041709 Blkberry/cell phone srvc 010-4150-410.35-17 203.68 REQUEST 041709 Blkberry/cell phone srvc 010-4200-410.35-17 72.30 Page 27 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89872... 4/24/2009... Nextel communications... REQUEST 041709 Blkberry/cell phone srvc 010-7100-410.35-17 176.89 2,299.18... REQUEST 041709 Blkberry/cell phone srvc 010-7101-410.35-17 26.58 REQUEST 041709 Blkberry/cell phone srvc 020-1400-414.35-17 17.64 REQUEST 041709 Blkberry/cell phone srvc 029-1700-417.35-17 2.66 REQUEST 041709 Blkberry/cell phone srvc 034-3100-431.35-17 26.58 REQUEST 041709 Blkberry/cell phone srvc 050-1400-414.35-17 46.84 REQUEST 041709 Blkberry/cell phone srvc 050-4200-410.35-17 8.43 REQUEST 041709 Blkberry/cell phone srvc 050-9000-450.35-17 302.63 REQUEST 041709 Blkberry/cell phone srvc 055-1400-414.35-17 16.78 REQUEST 041709 Blkberry/cell phone srvc 055-4170-450.35-17 136.78 REQUEST 041709 Blkberry/cell phone srvc 055-4200-410.35-17 8.43 REQUEST 041709 Blkberry/cell phone srvc 056-4150-410.35-17 13.29 REQUEST 041709 Blkberry/cell phone srvc 057-4150-410.35-17 26.58 REQUEST 041709 Blkberry/cell phone srvc 059-1400-414.35-17 19.44 REQUEST 041709 Blkberry/cell phone srvc 059-4200-410.35-17 8.43 REQUEST 041709 Blkberry/cell phone srvc 096-1110-411.35-17 17.64 REQUEST 041709 Blkberry/cell phone srvc 096-1200-412.35-17 74.10 REQUEST 041709 Blkberry/cell phone srvc 096-1400-414.35-17 14.12 REQUEST 041709 Blkberry/cell phone srvc 096-1700-417.35-17 13.29 REQUEST 041709 Blkberry/cell phone srvc 096-3320-431.35-17 40.02 REQUEST 041709 Blkberry/cell phone srvc 099-1200-412.35-17 49.40 REQUEST 041709 Blkberry/cell phone srvc 099-1700-417.35-17 15.95 REQUEST 041709 Blkberry/cell phone srvc 102-1400-500.35-17 87.08 REQUEST 041709 Blkberry/cell phone srvc 010-2500-425.35-17 -0.04 89873 4/24/2009 Norman pabst REQUEST 041409 Water deposit refund 050-0000-229.08-70 180.00 180.00 89874 4/24/2009 Overnight industrial 45097 Multifold paper towels 010-7400-425.21-10 34.75 137.03 45155 1 box dust masks 010-4150-410.21-14 14.19 45161 Hand sanitizer 055-4170-450.21-12 88.09 89875 4/24/2009 Party tyme 04548 Tables & folding chairs 010-3200-431.21-90 64.65 64.65 Page 28 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89876 4/24/2009 Paso robes tank,inc. 08619346 1 Service on bath tank #2 199-9999-425.40-01 114,775.00 103,297.50 08619346 1 10% retention withheld 199-0000-210.20-25 -11,477.50 89877 4/24/2009 Pip printing 104691 Sewer map copies 050-9000-450.36-10 2.33 32.70 105579 Plans/copies 010-0000-310.07-96 30.37 89878 4/24/2009 Pokrajac corporation 1 Services performed 199-9999-425.40-01 225,645.00 203,080.50 1 10% retention withheld 199-0000-210.20-25 -22,564.50 89879 4/24/2009 Powerhouse gym 1104 Employee gym srvc, mar 09 085-0000-202.21-76 650.00 650.00 89880 4/24/2009 Press enterprise 56455627 Coded incorrectly 011-1700-417.36-25 -1,629.78 448.80 56455627 Corrected coding 026-0000-229.07-00 1,629.78 56461893 Advertising 010-3320-431.36-25 448.80 89881 4/24/2009 Press enterprise 56459551 Advertising 011-1700-417.36-25 76.20 804.40 56459615 Advertising 096-1700-417.36-25 201.30 56460159 Advertising 011-1700-417.36-25 149.60 56460160 Advertising 011-1700-417.36-25 118.80 56461478 Advertising 011-1700-417.36-25 132.00 56461479 Advertising 011-1700-417.36-25 126.50 89882 4/24/2009 Randy foster REQUEST 040609 Water deposit refund 050-0000-229.08-70 119.56 314.41 REQUEST 040609 Water deposit refund 050-0000-229.08-70 123.60 REQUEST 040609 Water deposit refund 050-0000-229.08-70 71.25 89883 4/24/2009 Reliable office supplies, inc. BKS54200 Copy paper 010-7400-425.21-10 49.91 49.91 89884 4/24/2009 Richard pope and associates 3852 Prof srvcs thru 3/31/09 199-9999-425.40-01 500.00 500.00 89885 4/24/2009 Riverside county office of 8067 Assessor map copy 011-1700-417.21-10 3.00 3.00 89886 4/24/2009 Riverside, county of REQUEST 041709 Park violation fee jan 09 010-0000-304.03-35 12.00 12.00 89887 4/24/2009 Riverside, county of REQUEST 040809 Park violation fee feb 09 010-0000-304.03-35 1,580.50 1,580.50 89888 4/24/2009 Rk engineering group, inc. 200903002 Prof srvcs for march 2009 199-9999-425.40-01 9,810.00 21,550.00 200903003 Prof srvcs for march 2009 199-9999-425.40-01 1,200.00 200903004 Prof srvcs for march 2009 199-9999-425.40-01 8,290.00 200903005 Prof srvcs for march 2009 010-4100-410.30-98 700.00 200903028 Prof srvcs for march 2009 199-9999-425.40-01 1,550.00 Page 29 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89889 4/24/2009 Roberto nungaray REQUEST 041709 Water deposit refund 050-0000-229.08-70 91.91 91.91 89890 4/24/2009 Rosa zamora REQUEST 041709 Water deposit refund 050-0000-229.08-70 30.95 30.95 89891 4/24/2009 Sherry beverly REQUEST 040209 Water deposit refund 050-0000-229.08-70 66.38 66.38 89892 4/24/2009 South kern machinery 01 1786279 Tf1018 brg f 010-4150-410.33-50 267.41 267.41 89897 4/24/2009 Southern california edison REQUEST 041409 Electricity service 010-4200-410.35-14 97.37 25,870.29 REQUEST 041409 Electricity service 010-6100-425.35-14 254.34 REQUEST 041409 Electricity service 010-6500-425.35-14 8.41 REQUEST 041409 Electricity service 025-7250-410.35-14 58.44 REQUEST 041409 Electricity service 025-7260-410.35-14 12,793.45 REQUEST 041409 Electricity service 050-9000-450.35-14 250.19 REQUEST 041409 Electricity service 301-8831-500.35-14 706.88 REQUEST 041409 Electricity service 313-8831-500.35-14 32.48 REQUEST 041409 Electricity service 317-8831-500.35-14 77.36 REQUEST 041409 Electricity service 325-8831-500.35-14 32.76 REQUEST 041409 Electricity service 326-8831-500.35-14 127.61 REQUEST 041409 Electricity service 345-8831-500.35-14 564.94 REQUEST 041409 Electricity service 359-8831-500.35-14 118.90 REQUEST 041409 Electricity service 010-4150-410.35-14 1,064.39 REQUEST 041409 Electricity service 010-4150-410.35-14 -0.02 REQUEST 041409 Electricity service 010-4150-410.35-14 156.29 REQUEST 041409 Electricity service 306-8831-500.35-14 223.08 REQUEST 041409 Electricity service 308-8831-500.35-14 666.38 REQUEST 041409 Electricity service 309-8831-500.35-14 265.12 REQUEST 041409 Electricity service 310-8831-500.35-14 341.19 REQUEST 041409 Electricity service 313-8831-500.35-14 429.60 REQUEST 041409 Electricity service 321-8831-500.35-14 217.31 REQUEST 041409 Electricity service 322-8831-500.35-14 390.06 REQUEST 041409 Electricity service 323-8831-500.35-14 263.13 REQUEST 041409 Electricity service 324-8831-500.35-14 33.73 Page 30 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89897... 4/24/2009... Southern california edison... REQUEST 041409 Electricity service 325-8831-500.35-14 478.92 25,870.29... REQUEST 041409 Electricity service 329-8831-500.35-14 547.71 REQUEST 041409 Electricity service 332-8831-500.35-14 555.31 REQUEST 041409 Electricity service 333-8831-500.35-14 60.78 REQUEST 041409 Electricity service 335-8831-500.35-14 70.35 REQUEST 041409 Electricity service 336-8831-500.35-14 15.98 REQUEST 041409 Electricity service 337-8831-500.35-14 139.12 REQUEST 041409 Electricity service 339-8831-500.35-14 114.21 REQUEST 041409 Electricity service 345-8831-500.35-14 874.35 REQUEST 041409 Electricity service 345-8831-500.35-14 5.54 REQUEST 041409 Electricity service 351-8831-500.35-14 78.37 REQUEST 041409 Electricity service 351-8831-500.35-14 13.36 REQUEST 041409 Electricity service 352-8831-500.35-14 5.53 REQUEST 041409 Electricity service 362-8831-500.35-14 272.72 REQUEST 042009 Electricity service 010-2500-425.35-14 1,512.14 REQUEST 042009 Electricity service 010-3200-431.35-14 510.12 REQUEST 042009 Electricity service 010-4150-410.35-14 95.25 REQUEST 042009 Electricity service 010-4200-410.35-14 36.19 REQUEST 042009 Electricity service 025-7250-410.35-14 135.26 REQUEST 042009 Electricity service 025-7260-410.35-14 188.28 REQUEST 042009 Electricity service 055-4170-450.35-14 39.15 REQUEST 042009 Electricity service 301-8831-500.35-14 51.17 REQUEST 042009 Electricity service 305-8831-500.35-14 35.02 REQUEST 042009 Electricity service 307-8831-500.35-14 43.16 REQUEST 042009 Electricity service 309-8831-500.35-14 38.76 REQUEST 042009 Electricity service 309-8831-500.35-14 303.54 REQUEST 042009 Electricity service 316-8831-500.35-14 16.42 REQUEST 042009 Electricity service 327-8831-500.35-14 39.36 REQUEST 042009 Electricity service . 329-8831-500.35-14 17.11 Page 31 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89897... 4/24(2009... Southern california edison... REQUEST 042009 Electricity service 338-8831-500.35-14 109.10 25,870.29... REQUEST 042009 Electricity service 341-8831-500.35-14 33.39 REQUEST 042009 Electricity service 010-4150-410.35-14 206.81 REQUEST 042009 Electricity service 301-8831-500.35-14 8.27 REQUEST 042009 Electricity service 301-8831-500.35-14 10.60 REQUEST 042009 Electricity service 309-8831-500.35-14 3.97 REQUEST 042009 Electricity service 309-8831-500.35-14 3.48 REQUEST 042009 Electricity service 319-8832-500.35-14 4.93 REQUEST 042009 Electricity service 319-8832-500.35-14 4.30 REQUEST 042009 Electricity service 359-8831-500.35-14 10.60 REQUEST 042009 Electricity service 359-8831-500.35-14 8.27 89898 4/24/2009 Spssm investments REQUEST 041709 Water deposit refund 050-0000-229.08-70 169.38 169.38 89899 4/24/2009 Staffmark investment, Dc 0001091505 Wk end 4/5/09, t. murphy 010-1400-414.34-05 66.00 1,326.19 0001091505 Wk end 4/5/09, t. murphy 055-1400-414.34-05 66.00 0001091505 Wk end 4/5/09, t. murphy 059-1400-414.34-05 132.00 0001091505 Wk end 4/5/09, t. murphy 050-1400-414.34-05 396.00 0001094286 Wk end 4/12/09,t. murphy 010-1400-414.34-05 66.62 0001094286 Wk end 4/12/09J. murphy 050-1400-414.34-05 399.71 0001094286 Wk end 4/12/09,t. murphy 055-1400-414.34-05 66.62 0001094286 Wk end 4/12/09,t. murphy 059-1400-414.34-05 133.24 89900 4/24/2009 Star auto parts 44388 Al climate 5w30 050-9000-450.33-30 14.97 44.41 44760 Nitrile gloves 010-7100-410.21-12 17.93 44815 Duct tape, roll pin 050-9000-450.33-30 11.51 89901 4/24/2009 T.y.lin international,inc. 0903393 Prof srvs 1/31-2/11/09 199-9999-425.40-01 4,463.50 4,463.50 89902 4/24/2009 Tammy huynh REQUEST 041709 Water deposit refund 050-0000-229.08-70 105.46 105.46 89903 4/24/2009 The griffin management group REQUEST 040209 Water deposit refund 050-0000-229.08-70 131.66 131.66 89904 4/24/2009 Time warner cable 040909 Cable service 010-7400-425.35-16 101.01 101.01 89905 4/24/2009 Top producers realty & reo REQUEST 041709 Water deposit refund 050-0000-229.08-70 99.07 99.07 89906 4/24/2009 Trans union Ilc 03940534 Credit rprts 2/26-3/25/09 050-1400-414.34-05 56.11 168.35 Page 32 City of San Jacinto Warrant Register 04/30/2009 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 89906... 4/24/2009... Trans union 11c... 03940534 Credit rprts 2/26-3/25/09 059-1400-414.34-05 56.12 168.35... 03940534 Credit rprts 2/26-3/25/09 055-1400-414.34-05 56.12 89907 4/24/2009 Transworld systems, inc. REQUEST 041409 50% ph 2 collection fees 050-0000-201.08-64 98.67 98.67 89908 4/24/2009 Trench plate rental company,inc. 21-00830-09 Trench plate rental 199-9999-425.40-01 388.25 388.25 89909 4/24/2009 Union bank - corporate trust div. 10 Adm fee 3/9/09 - 2/2010 050-8800-450.30-90 1,908.00 1,908.00 89910 4/24/2009 United communities network 5483 Repair & maint/kiosk 010-1750-425.34-05 560.00 5,693.76 5484 Repair & maint/kiosk 010-1750-425.34-05 900.00 5485 Repair & maint/kiosk 010-1750-425.34-05 360.00 5488 Repair & maint/kiosk 010-1750-425.34-05 678.76 5490 Admin fee maint/kiosk 010-1750-425.34-05 2,500.00 5492 Repair & maint/kiosk 010-1750-425.34-05 695.00 89911 4/24/2009 Usa blue book 790413 Adapter 5/8 x 3/4 meter 050-9000-450.33-30 174.16 174.16 89912 4/24/2009 Valley wide recreation 041409 Temp part time mar 2009 010-7400-425.34-05 2,318.40 2,318.40 89913 4/24/2009 Verizon california REQUEST 042009 Telephone service 010-2500-425.35-16 1,144.01 1,426.77 REQUEST 042009 Telephone service 010-3100-431.35-16 167.81 REQUEST 042009 Telephone service 316-8831-500.35-10 51.57 REQUEST 042009 Telephone service 320-8831-500.35-10 31.69 REQUEST 042009 Telephone service 322-8831-500.35-10 31.69 89914 4/24/2009 Westcoe realtors REQUEST 041709 Water deposit refund 050-0000-229.08-70 88.85 88.85 89915 4/24/2009 Xerox corporation 039593742 Lease march 2009 010-2500-425.34-05 2,610.76 3,699.49 039593747 Lease march 2009 010-2500-425.34-05 838.04 039800391 Lease march 2009 010-7400-425.34-05 250.69 Total Checks 3,231,951.99 Page 33 CITY OF SAN JACINTO ELECTRONIC FUNDS TRANSFER REPORT APRIL 1 - 30, 2009 DATE FROM TO AMOUNT REASON 04/21/2009 General Checking Neopost 2,000.00 Postage 2,000.00 rikti. ii OA MINUTES 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 Mayor Dale Stubblefield called the regular meeting of the San Jacinto City Council to order at 7:10 p.m. 1.2 Roll Call Present: Jim Ayres, Steve Di Memmo, John Mansperger, Jim Potts, Dale Stubblefield Absent: None 1.3 Invocation Pastor Peter Edwards, New Life Open Bible Church, gave the invocation. 1.4 Pledge of Allegiance Police Chief Bill Tyler led the Pledge of Allegiance. 1.5 Special Presentations 1.5.1 Proclamation Recognizing Robert Ashburn Robert Ashburn joined Mayor Stubblefield at the podium. Mr. Ashburn was selected as Citizen of the Year by the American Legion Post 848. After reading the proclamation, Mayor Stubblefield presented it to Mr. Ashburn. Mr. Ashburn spoke briefly and thanked everyone. 1.5.2 Human Relations Council of the Greater Hemet, San Jacinto and Menifee Region Tenth Anniversary / Mary Morse, President, accepting President Morse joined Mayor Stubblefield at the podium while he read the proclamation. President Morse invited everyone to their event on April 4, 2009. 1.5.3 Girls Varsity Soccer Team (San Jacinto High School Lady Tigers) and Coaches Recognition Mayor Stubblefield reviewed the background that brought them here tonight: City Council Minutes April 2, 2009 Page 2 of 23 • First team to make it to the CIF finals with 27 wins and no losses; • The Lady Tigers had multiple players selected to the all-CIF team • Coach Walter Guzman was selected as Division VI Coach of the Year. Mayor Stubblefield then presented certificates to each of the players present and congratulated them on a fantastic season. 2. PUBLIC COMMENTS: Jamie Stancyk, 1074 Liverpool Lane, San Jacinto — stated that she represents about 600 people from her neighborhood watch program. She stated that she understands that there are only two officers on duty with one volunteer on Friday nights. She would like to know what the sheriff's department is doing to meet the need of the citizens in San Jacinto. Terry Scillian, 569 Westminster Drive, San Jacinto - stated that on March 20 th , an 85 year old lady was attacked by a dog in his neighborhood and the response time from the police department was forty-five minutes. It took seven calls to 9-1-1 and he wanted to know why it takes so long. He also spoke of another incident where a 70 year old man called 9-1-1 at 1 a.m. on the same night, as there was a fight going on in his yard. There was no return phone call and no officer's showed up. Where is the response from the Sheriff's department? 2.1 City Manager's Report on previous month's public comments City Manager Barry McClellan reported that at the March 5 th , 2009 City Council Meeting there were two speakers: • Richard Nixon spoke regarding Jordon Ave. There is a continuing noise problem on his street. City Manager McClellan noted that the city adopted a noise ordinance about one year ago and the sheriffs department has been instructed that offenders should receive one warning and if they fail to comply then they should be cited for a noise violation. • Ed Faze kas spoke about the speeds on Park Ave and why it is different between the City of Hemet and San Jacinto. City Manager McClellan then read from a staff report regarding updated speed limits on February 21, 2008. The city engineer reported on two segments of Park Ave. in this staff report; one was from Hewitt and Villines and Villines and Meridian. At the March 19 th , 2009 City Council Meeting there were two speakers: • Loren Pratt reported about a speed survey that was conducted on Eagle and he thanked the city for there quick response. The speed survey was received a few days ago, but it was too late to be included in the council's agenda packets. City Council Minutes April 2, 2009 Page 3 of 23 • Patricia Mayne, representing Save Our Communities (SOC) presented some requests for the council to look at as well as writing a letter of support, supporting new legislation about the proposed Fee to Trust application. Councilmember Jim Ayres asked about the speed limit on Park Ave and clarified that the speed limit in Hemet is 35 mph and then increases to 40 mph in San Jacinto? City Engineer Habib Motlagh responded that there were two surveys conducted back to back, and so San Jacinto's data is very recent. He does know how current Hemet's information is, but he will work with them to have there information updated. 3. CONSENT CALENDAR 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 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 M/S/C (Mansperger / Di Memmo) moved to approve the Consent Calendar as presented. Motion carried 5/0. Ayes: Nays: Absent: Abstain: Ayres, Di Memmo, Mansperger, Potts, Stubblefield None None None 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 City Council Minutes April 2, 2009 Page 4 of 23 Planning Director Asher Hartel gave the brief background on this item and stated that on February 12, 2009, Planning Commission approved the project by a 4-0 vote. La Vista Recovery has been in operations on this property since 1980. In 1992, the city council at the time approved an increase in the occupancy level from twenty-five residents to thirty residents. This was Conditional Use Permit (CUP 4-92) and at that time the city council determined the project was conditionally permitted in the Residential (R-1) zone. The facility is still zoned R-1 and under the city zoning ordinance it is allowable for a minor expansion for this type of facility. Since the Planning Commission and City Council hearings, the Planning Department has received four letters in regards to this project. One letter is in opposition and the other three are in favor of this project. Following the Planning Commission approval on February 12, 2009, a letter in opposition was received by Melissa Raskey, which discusses parking, interpretation of city codes and traffic safety at Midway and Girard streets. The parking issue was discussed at the Planning Commission hearing, where they added condition number 14, which requires all staff and visitors to park on the site and prohibits on street parking. The parking that is provided on the project site exceeds the city's parking requirements. The next issue in the letter regarding city codes has been addressed by staff, in which by staff's calculations the proposed addition of 1800 square feet would amount to an increase of 2.7% over the existing use, which is well under the 10% allowed by the zoning ordinance with a CUP. The city zoning ordinance does not give an automatic approval to an expansion, it is allowed and is subject to the CUP, which is a discretionary approval for the Planning Commission and City Council have the discretion to approve or deny the request. Planning Director Hartel then reviewed the property ownership issue: the application shows La Vista is the property owner; and the Executive Director, Jane Farmer signed for La Vista as their representative and this meets the application requirements. There was discussion at the Planning Commission in regards to traffic safety at the corner of Midway and Girard streets. They suggested that the city engineer review this as it is on a corner. The city engineer did look at this, and the city engineer responded that this is not a corner; it is a long sweeping curve, and a stop sign is really not an option at this intersection. Planning Director Hartel reviewed the new information provided from the Fire Department. The Fire Department has recommended that the fire flow requirement be adjusted from one thousand gallons per minute to one- thousand-five-hundred gallons per minute. This has been discussed with the architect for this project and the conditions can be met. Staff recommends approval of the project subject to the conditions of approval. City Council Minutes April 2, 2009 Page 5 of 23 Councilmember Ayres asked when the city has ever allowing gravel for overflow parking. Planning Director Hartel responded that the occupant has twelve paved parking spaces, as required, and the overflow parking can be gravel. Councilmember Di Memmo asked when was the last time the county fire department had made an inspection or did they state that everything was in compliance at this time? Planning Director Hartel responded that he did not speak with county fire regarding any inspection, but he did speak to the applicant and they indicated their last inspection was about a year ago and they are expecting an inspection any day and also noted that they get annual inspections. Mayor Stubblefield opened the Public Hearing at 7:45 p.m. Jane Farmer, La Vista Recovery, 2220 Girard Street, San Jacinto — is the applicant and explained that the new unit will be for perinatal services. The existing perinatal unit will be for transitional housing and is why they have requested the additional seven beds in the CUP. Ms Farmer serves on the California Association of Realtors (CAR) Board of the State of California and everybody is concerned about parolees being dumped into our community. When people are paroled, they are returned to their own communities where they were living. Another one of the comments is that their families bring unwanted husbands, families, etc. but those people are already living in San Jacinto. She noted that visitations are staggered so that not all of the families are visiting at one time. Ms Farmer noted that the Americans with Disabilities Act (ADA) gives people the right to recover in residential neighborhoods. La Vista has a track record of good community behavior and their record speaks for itself. Councilmember Ayres asked about the signatures that were gathered, they don't have residences and where they all came from. Did these people come from the valley? Ms Farmer responded that she didn't think to have the addresses included and that these people who signed the petition were from the valley. She also stated that the signers understood what they were signing. Vice Mayor Mansperger commented that there were a lot of names and he knew four of the people on the list. He spoke with one of them and the signer new he was supporting La Vista but was not aware of the expansion. He stated that he was the one who pulled this off of the consent calendar last meeting and has some questions and concerns. He is only aware of one police call to La Vista, money was found in a coat pocket and they reported it to the police. He is concerned that they have something that works so great, but getting bigger doesn't necessarily mean better. He noted that he is still on the fence about approving this item. City Council Minutes April 2, 2009 Page 6 of 23 Russell Rumansoff, Herron & Rumansoff Architects, 530 St. John Place, Hemet, CA — stated that he is the Architect on this project and has been involved with La Vista since 1980 when they started and then again in 1992 for approval of the CUP expansion. The proposed use is conditionally permitted in the Residential (R-1) zone; there is no question about that. They have a legal PUP and a legal CUP; and now they are amending the legal CUP. He described the project and the design by stating that the new modular is inward looking for two reasons: it gives a better sense of community and to buffer the impact to Girard Street. The structure is not going to block views or cause a traffic problem from a vision issue. He commented about the fire flow that was brought up today and this doesn't appear to be a problem to get 1,500 gallons per minute. There are basically no complaints on this project and asked the city council to ratify the proposal. Councilmember Di Memmo stated that his biggest concern is the safety issues. In looking at the plan, the one fire hydrant is located over 233 linear feet, and maybe he can check with the Fire Chief, who is here, but he believes there is a 165 foot rule for the hose, and did not see another fire hydrant here on the plan, but he may be incorrect. Mr. Rumansoff responded that the plan shows the existing fire hydrant, and his understanding is that La Vista has contacted Eastern Municipal Water District (EMWD) about having another fire hydrant installed on the site. Councilmember Di Memmo responded that basically, Mr. Rumansoff and La Vista will need to agree to all conditions regarding fire safety and everything else, to continue this amendment. Opal Hellweg, 41667 Monterey Place, Temecula, Ca - commented that she is asking for the council's support and approval of this project. When recovery happens it has an immense effect on the families, the women and the babies. She also noted that she brought a letter from County Supervisor Jeff Stone; copies were provided to the council. Kim Ramirez, 552 S Taylor, Hornet, CA — is asking the city council to approve this item for La Vista. She is a lifetime resident of San Jacinto and was a patient at La Vista Recovery. She stated that she has recovered, in thanks to La Vista and now has her children back and is working on obtaining her degree. Marjorie Roberts, 1438 Mouset Circle, San Jacinto, Ca — passed to the next speaker. Mary Morse, 52845 Pine Cove Road, Idyllwild, Ca — stated that she supports the expansion of La Vista as they are in need for transitional housing. It is important for people to have a place to go after their initial ninety days of sobriety. City Council Minutes April 2, 2009 Page 7 of 23 Robin Reed, 42125 Little Lake, Hemet, Ca — stated that she works for Supervisor Stone in the 3 rd district. She deals with human services for Supervisor Stone in the 3 rd District. There are an enormous number of children in foster care within Riverside County. The point of this facility is to fix families and make them well. La Vista has a very good program for women and she wanted to add her support. Ron Sullivan, 28068 Orange Grove Ave., Men/fee, Ca — was a former La Vista Board Member. The aftercare program fits into the scheme of the recovery process. This has been a long process and they had to deal with the financing and funding of this project. Since the 1980's, many women have cycled through La Vista and now own their own businesses, and live healthier lives. What La Vista is doing is admirable and La Vista has complied with all the city's conditions. Council Member Ayres asked Mr. Sullivan if the city could get a commitment from him that the extra fire hydrant from EMWD would not be held up. [voices garbled because of laughter from the audience]. As Mr. Sullivan was responding that EMWD is not allowed to do that because every public agency would request the same, Council Member Ayres invited him to sit down as his comments were meant as a joke. As he was leaving the podium, Mr. Sullivan indicated that EMWD would work out a payment plan with the city. With more laughter from the audience, Council Member Ayres joked that he would "hear about this." Juli Kukulka, 2222 Girard Street, San Jacinto, Ca — stated that she currently lives in Hemet, and has lived in the valley her whole life. She stated that from the age of 18 to 33 years old she was in the criminal system and she then reviewed her history. She has been clean and sober for thirteen years and now works at La Vista. She is a taxpayer, a college student and a productive member of community, thanks to La Vista Recovery. Al Cordova, 661 Snead Dr. Hemet, Ca — is the President of La Vista Board, and La Vista has done everything they can and followed all of the instructions given to them by the city. He is asking for city council support of the expansion. La Vista's goal is to alleviate the suffering of alcohol and drug addiction. There is a need in this valley for this type of program. He also commented that kids today are doing drugs with what is in the medicine cabinet. He noted that traffic is bad on the curb near La Vista and is asking for the city council's support Cynthia McDonald, 4372 Neesa Ave, Hemet, Ca - stated that La Vista has been active with Coalition of Substance Abuse Providers for the past ten years. La Vista is a partner in Valley Wide Counseling that is made possible by the State of California Office of Family Planning. La Vista provides valuable services to the Hemet / San Jacinto Valley. The transition period is a vital part of the recovery process. The addition of seven beds can be a large help to those that need it. City Council Minutes April 2, 2009 Page 8 of 23 Jim Merritt, 2524 Apple Tree St. Hemet, Ca — stated that he is in support of La Vista's expansion and is a former board member of La Vista. He has been in recovery for the past twenty-nine years. The facility is old and they are looking to improve the quality of a great recovery program. The program has helped tens of thousands of woman recover from substance abuse. Melissa Rasky, 981 N Girard St. Hemet, Ca — commented that in respect to supporters of La Vista, she congratulated people on any success they have had as a result of the La Vista Program and that she supports La Vista's objective, but not the expansion. La Vista currently has three structures on the property and with this proposal they would be adding a fourth structure. According to section 19.09 1A it states that; in any zone a residential use may be continued and the floor area expanded by not more than two-hundred square feet, provided that the number of dwelling units shall not be increased. This is the first section of the code, and is what the Planning Commission based there approval on. This section specifically states that "in any zone" and "the number of dwelling units shall not be increased". If that is the authority used to approve and required to follow in order to approve this application, then why is it being ignored? In regards to Article 19.09 1B, in a R1 zone a CUP may be granted for expansion by not more than 10% in a five year period. The Planning Commission is approving the section of the code but they are not applying the whole code. The Planning Commission is interpreting the side area, "the occupied by the use", as the entire 1.79 acre parcel, which means this site could have the potential of expanding 8,000 square feet every five years. She doesn't believe the drafters of this article intended for the phrase "the side area of the occupied use" to be the entire parcel. As such, this site could be allowed to add an additional dwelling unit under article 19.09 1A, and she stressed that article 19.09 1A cannot add an additional dwelling unit and she wants to know why this is being ignored. Councilmember Ayres asked Ms Farmer where people go after ninety days? He also asked if their patients are from the valley or outside the valley? Ms Farmer responded that the average stay of patients is ninety days. On the ninety-first day they graduate and either leave the facility, or if the CUP is granted, some will remain for another thirty days. She also responded that some of the people are from the valley and others are from outside the area. Councilmember Ayres stated that he doesn't want this to be a situation that occurs with parolees, and he is concerned about parolees. Ms Farmer did state that La Vista does help people that are on parole, and they have never hidden that fact. Councilmember Ayres asked how does La Vista receive their funding? City Council Minutes April 2, 2009 Page 9 of 23 Ms Farmer responded that the smallest source of funding is received from private funds, people who can afford to pay the three-thousand-five-hundred per month. They receive county funding, and have received county funding for thirty years. They receive funds from United Way of the Desert and United Way of the Inland Valleys. They receive SASCA funding, which is part of the correctional system. They receive funding from Food For All (an anti hunger program), and some grant funding as well. She also commented that they receive Community Development Block Grant funding from the City of Hemet and used to get CDBG funding from the City of San Jacinto. Councilmember Ayres asked if San Jacinto is different now then it was in 1980? Ms Farmer responded that she was not here in 1980, but drug addiction is running rampant nationally and the need is there. There are neighbors to La Vista that are present this evening and are not opposed to the expansion. She also noted that they are not a new neighbor and some of the neighbors moved in when they knew what was there. Councilmember Ayres commented that San Jacinto has a high saturation of these facilities; in fact there are sixteen in San Jacinto. This is a lot per capita versus other cities. He also asked how she would rate the city's performance versus Southwest County, Corona or Riverside on a per capita and population basis. He doesn't believe many cities have as many of these facilities that San Jacinto has. Ms Farmer responded that she could only speak of drug and alcohol facilities for women. She is not aware of many other licensed facilities in the valley. Councilmember Ayres commented that it is a testament of the management that there are not police matters at La Vista. He had a bad taste from what took place at Park Manor. This is not an issue with the way La Vista runs their program; it is a very good program. The main issue is can they do an expanded use in this zone, which is a legal question that the attorney needs to address. This probably wasn't an issue seventeen years ago. Vice Mayor John Mansperger asked after the ninety days, are there other facilities for these people to go? Ms Farmer responded that there are none; they need transitional housing. This is why La Vista is asking for this new facility to have their own seven beds for transitional housing where they can govern their patients. Ms Farmer also readdressed that this unit will be beautiful and it is for moms and babies. This is not a threat to the community, and they have answered any questions that have been asked of them. Vice Mayor Mansperger asked if this is just conditioned for the transitional use or seven new recovery patients. Ms Farmer responded that she could call it aftercare to make it clearer, but they are trying to provide aftercare for City Council Minutes April 2, 2009 Page 10 of 23 some of the women and make their program better. Vice Mayor Mansperger asked if at any one time, will there be more than thirty women patients at their facility? Ms Farmer responded that there could potentially be thirty women going through the program and seven more in the transitional housing. Vice Mayor Mansperger stated that if you have thirty patients going through the program, then if they have two or three other patients, is this added building where they would go or are they going to have thirty-seven patients going through the program? Ms Farmer responded that anybody on the hill is still in treatment and has a contract with their agency. Vice Mayor Mansperger re-asked that if there are thirty patients going through the ninety day program and there are three or four that graduate and go into transitional housing, is there a possibility for La Vista to have more then thirty patients going through the program? Mayor Stubblefield reworded the question and asked if they are going to have thirty-seven people going through the ninety day program and not using the extra facility for the transitional housing? Ms Farmer responded that La Vista is currently licensed for thirty beds; they cannot have any more patients until they are approved by the state to have those additional seven beds. If the CUP is approved, then they will obtain the necessary approval from the state and they want to use the new facility for aftercare. Vice Mayor Mansperger commented that he is concerned about La Vista growing so big that they are unable to maintain the quality of the program. Mayor Stubblefield closed the Public Hearing at 8:50 p.m. Councilmember Di Memmo commented that in reviewing this project, one of the most important issues to him is public safety. He then stated that "his colleague can make a joke about a fire hydrant, but you have never pulled out a burning body and smelled flesh", and then stated "don't ever disrespect me again in public, do you understand sir!" He then stated that La Vista does a wonderful job and have done so for a long time. The worst thing that could happen is an emergency situation happens up there and the City Fire or Police Departments cannot get to you; that is the worst thing that can happen. He is in support of the CUP and he will vote for it and also noted that everyone has good and bad times. He again stated that as long as La Vista complies with all public safety, building and safety, environmental health and all those issues, La Vista has his support. He also commended La Vista for not having calls of service. He commented that he has dealt with people on parole, people that have gotten out of federal prison, state prison and everyone is different, and it is important to give people an opportunity to heal. Councilmember Di Memmo asked City Attorney Jeff Ballinger if there is a property in a R-1 zone, and you attach a CUP to that property in a R-1 zone, does that not take it out of the R-1 zone and make it commercial use? City Council Minutes April 2, 2009 Page 11 of 23 City Attorney Ballinger responded that the property having a CUP does not make it a commercial use; it is the type of use that defines the use. Councilmember Di Memmo commented that in looking at county fire's ordinance number 787, their rules change since a CUP is now attached and this would not apply to the city? City attorney Ballinger responded that the city's zoning ordinances are differentiated compared to the county fire ordinances, so they are not necessarily the same. Councilmember Potts asked the city attorney if he had reviewed the city's ordinance to see what is legal and not legal. City Attorney Ballinger responded that there is some ambiguity in the city's ordinance. This is an R-1 Zone, and if it came in on bare land today, it would not be permitted as it is a non-conforming use. There are exceptions, for example, in an R zone, a non-residential use that is permitted in a RP zone, may be granted an expansion of the floor area or the site area occupied by the use by no more than 10%. The ambiguity is, is the city allowing an expansion of 10% of the area or is the city allowing expansion of 10% of the building footprint. Staff is interpreting this to allow 10% expansion of the entire area occupied by the use, which is over an acre. The other interpretation is that expansion is allowable based on the entire floor area. Both of these interpretations are equally reasonable. This is guided by some principles based on the zoning ordinance favoring elimination or non expansion of non conforming uses. This is not as clear as it could be, but there is some guidance there. Councilmember Potts commented that he shares the same concerns as Councilmember Ayres with new facilities coming into the area. He supports the project. Councilmember Ayres responded to Councilmember Di Memmo that this meeting is his 5 th meeting and that he is coming up on his 250 th meeting. He was not trying to embarrass him, he was making a comment to a colleague that he has known for over ten years and is a director at EMWD. The comment was made by tongue in cheek about the fire hydrant and he believes the audience took it that way. Councilmember Di Memmo interrupted and stated that "he accepts Councilmember Ayres apology". Councilmember Ayres responded that "it was not an apology". Councilmember Di Memmo told Councilmember Ayres to continue on. Councilmember Ayres noted that Councilmember Di Memmo was "way off the mark"; Councilmember Di Memmo interrupted Councilmember Ayres' again telling him to "continue on". Councilmember Ayres responded that he will continue once Councilmember Di Memmo stops interrupting him. Councilmember Di Memmo then stated that Councilmember Ayres is "rude City Council Minutes April 2, 2009 Page 12 of 23 and disrespectful". Councilmember Ayres addressed Mayor Stubblefield and respectfully requested a five minute recess. Mayor Stubblefield granted the recess and recessed the meeting at 8:59 p.m. and reconvened at 9:10 p.m. Mayor Stubblefield addressed the members of city council, and said that he would not tolerate slandering and felt that Councilmember Di Memmo's comment was out of line. He apologized to Councilmember Ayres for not jumping in there ahead of time. If any council member is out of line, he will call them on it and they are all elected to serve the public and putting personal items or feelings into this is not what they are supposed to do and asked that the council carry on and do the public's good. Councilmember Ayres commented that this is not a referendum of LaVista or their programs. Based on the city attorney's comments regarding the zoning there is no liability to the city if this is approved. City Attorney Ballinger confirmed Councilmember Ayres' statement. Councilmember Ayres continued to state that the council has to do the due diligence. One thing he would like to see is the connection of Girard Street behind Wal-Mart. He wished Ms Farmer continued success. Mayor Stubblefield stated that La Vista is a good project and it has a great purpose and cause. This is reflected by the lack of police calls to the location and how well the facility is run. The biggest concern is the land compatibility issue and he feels that staff and the city attorney have done a good job in interpreting the use. The main question is can city council approve this expansion; his personal belief is that they can and he supports it. This project has been conditioned so that if any other expansion is requested that it comes back to the city council for approval. He is not clear whether this is a modification or an expansion. Ms Farmer responded that this is an expansion. She again explained the license is for thirty people and in order for La Vista to be able to put one more person in their facility, they need a license for thirty-seven beds from the State of California. The intent is to use the seven beds for aftercare. Vice Mayor Mansperger asked if the council can condition that thirty people can be in treatment, and the additional seven people in the aftercare program. City Attorney Ballinger clarified to Ms Farmer if they would agree, if approved, to a condition on the license between La Vista and the city that there are only thirty active patients and seven in the transitional program. Ms Farmer responded that as long as someone is on the hill in treatment, whether the 90 th day , or 91 st day, she is still in treatment. City Council Minutes April 2, 2009 Page 13 of 23 Vice Mayor Mansperger stated that he would be willing to condition the project as the city attorney explained. Councilmember Potts commented that he is concerned that if seven beds are transitional will they actually be used that way. That is what he understood the project to be described as and it should stay within those guidelines. Mayor Stubblefield asked City Clerk Dorothy Chouinard if there have been any written protests received. City Clerk Chouinard responded for the record that what comments were received by the city clerk's office have been included in the council's packet. There were twenty-four pages of the petition, as the last page was double sided. Before tonight's meeting, an additional five pages were turned in for the petition, which brings the total to three-hundred-twenty-two signers on the initial petition plus the seventy-five that were received this evening prior to the meeting. There were three letters attached to the staff report and four additional letters were received after the agenda was delivered to members of council. The four additional letters (three in support and one in opposition) were from: 1. Supervisor Jeff Stone supporting La Vista 2. E-mail from Dr. Patrick MacAfee in support of La Vista 3. Letter distributed throughout the neighborhood from an unknown person in opposition to La Vista 4. E-mail from Doanld Britt in support of La Vista City Attorney Ballinger commented that at the last meeting a question arose regarding whether this CUP and the prior CUP could be revoked if the project was operated in way that would cause problems for the neighborhood. He then recommended that the following language be included in the approval of this CUP: In the event that the project is operated in such a manner as to constitute a public nuisance this CUP as well as any previous CUP may be revoked. This is not a new condition. City Attorney Ballinger commented that it is best to be clear, therefore he recommends that the following condition be included: The seven additional beds permitted by this CUP shall be used as transitional housing and only by residents who have successfully completed the ninety day treatment program, not withstanding the number of residents who may be licensed by the state. M/S/C (Ayres / Mansperger) moved to approve the item with the added condition recommended by City Attorney Ballinger stating: In the event that the project is operated in such a manner as to constitute a public nuisance this CUP as well as any previous CUP may be revoked. This is not a new condition. Motion carried 5/0. City Council Minutes April 2, 2009 Page 14 of 23 Ayes: Nays: Absent: Abstain: Ayres, Di Memmo, Mansperger, Potts, Stubblefield None None None Councilmember Potts commented on the petition and the need for more information from people who sign the petition. 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 23/6, Wireless Telecommunication Facilities, to Amend the City's Regulations Establishing Standards for Wireless Telecommunications Facilities in the Gateway Area and City-wide Mayor Stubblefield stated that his largest employer is a wireless company, but as he understands from the city attorney, his involvement does not constitute a conflict of interest. City Attorney Ballinger confirmed Mayor Stubblefield's statement. Planning Director Hartel stated that per direction from the city council following the approval of telecommunication facilities on Calvin Smith's property, staff has come up with new standards for any wireless telecommunications facility in the Gateway area. At the March 2, 2009, predevelopment meeting, these standards were brought forth to the predevelopment committee and then on March 12, 2009 they were brought forth to the Planning Commission. Each of the groups reviewed the standards. The Planning Commission did tweak the standards a little bit and recommended the additional standards that are before the council and approved them by a 5/0 vote. These standards would not only apply to the Gateway area, but also major highways surrounding the Gateway. Any new facilities within 1,000 feet of a major highway, which are Highway 79, the Mid-County Parkway, Ramona Expressway, Sanderson Avenue, Warren Road and Cottonwood Avenue. A telecommunications facility would be required to a certain stealth design and be set back 200 feet from these highways. They would also be required to locate these facilities near buildings, trees, etc that provide concealment. They would also be required to provide two forty-eight inch box trees close to a stealth mono-pole and landscaping to provide screening. The Planning Commission recommended a standard along with a five year time limit on CUP's that this time limit would apply city wide, and not just with the City Council Minutes April 2, 2009 Page 15 of 23 gateway. The city attorney's office has advised staff that under new legislation, a CUP that is less than 10 years is unreasonable. Staff has proposed additional new standards as recommended by the Planning Commission. Staff recommends that the city wide five year term be revised to ten years due to the new state legislation. If council wishes, they could continue this item for thirty days to revise the time limits of a CUP in the Gateway area. Mayor Stubblefield stated that he is concerned with how these telecommunication facilities will look in the Gateway. He explained that the shorter time limit was to get the applicant to blend in better when the buildings come in. He would encourage having applicants not use the Gateway for telecommunications. Councilmember Ayres asked if it could be permitted to have permanent standards for the Gateway area. This would be included as development occurs in the Gateway. He believes there needs to be a permanent set of standards for these facilities in the Gateway area. Mayor Stubblefield commented that they have a scoring guideline, similar to the new construction scoring system. Vice Mayor Mansperger agreed that they only have one shot at the Gateway, and they want to do it right. If the city allows a telecommunication facility can the city condition this facility to blend in with the new development? Planning Director Harter responded that yes, they can condition these facilities to blend in with new development. Vice mayor Mansperger stated that he is concerned with number four item E of the standards. He does not agree with this condition and that this needs to be addressed on a case by case basis. He wants to see city council and staff have the flexibility to address these facilities on a case by case basis. Planning Director Hartel responded that the one-thousand feet of separation is not part of the new standards, but it could be revised. City Attorney Ballinger agreed that the standards could be revised. Councilmember Ayres spoke of the cell towers on Gilman Springs Rd done at Quail Ranch. These cell towers are almost unrecognizable as cell towers and it might make better sense to have these towers close together. There was a brief discussion regarding the previous and most recent changes to these cell towers. Vice Mayor Mansperger commented that the cell towers can be hidden in buildings and signs. Planning Director Hartel stated that buildings need to be of sufficient height to house these cell towers. City Council Minutes April 2, 2009 Page 16 of 23 Mayor Stubblefield asked if the existing ordinance and this new ordinance make it easier for the developer if they stealth the cell tower within the building. Planning Director Harter concurred with Mayor Stubblefield. Councilmennber Ayres left the dais at 9:44 p.m. Mayor Stubblefield opened the Public Hearing at 9:45 p.m. City Clerk Dorothy Chouinard stated that there were no written comments or requests to speak in support or denial of this item. Mayor Stubblefield closed the Public Hearing at 9:47 p.m. Mayor Stubblefield moved to approve the item with the condition change that was suggested by the Planning Commission with the exception of the ten year life of the CUP. He also suggested that they remove the city wide limitation, but the courts will not allow that at this time. City Attorney Ballinger commented that council could approve the five year term for a cell tower in the Gateway area, but probably not for the entire city. Staff has recommended drafting the revised ordinance with a formal first reading. Councilmember Ayres returned to the dais at 9:49 p.m. Mayor Stubblefield reviewed that the motion on the table is to approve what the Planning Commission suggested but if the cell tower is outside the Gateway Area, it is permitted as the normal life granted with the current ordinances. If it is in the Gateway, then the cell tower CUP would have a fiver year life. M/S/C (Ayres / Mansperger) moved to approve the item with the condition change that was suggested by the Planning Commission with the exception of the ten year life of the CUP in the Gateway area and will continue the first reading at the May 2, 2009 city council meeting. Motion carried 5/0. Ayes: Nays: Absent: Abstain: Ayres, Di Memmo, Mansperger, Potts, Stubblefield None None None 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 City Council Minutes April 2, 2009 Page 17 of 23 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 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 M/S/C (Ayres / Mansperger) moved to continue the item until the May 7, 2009 city council meeting. Motion carried 5/0. Ayes: Nays: Absent: Abstain: Ayres, Di Memmo, Mansperger, Potts, Stubblefield None None None 5. STAFF REPORTS 5.1 Resolution No. 3250 / 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 Vice Mayor Mansperger stated that he owns a business within five-hundred feet of this project and has to abstain from this item. Councilmember Di Memmo stated that he owns property within five-hundred feet and has to abstain as well. Vice mayor Mansperger and Councilmember Di Memmo both left the room at 9:52 p.m. City Council Minutes April 2, 2009 Page 18 of 23 Redevelopment Operations Manager Steven Pasarow gave the staff report. This item is set forth to establish a project area committee that would advise the council on eminent domain issues. There are procedures before the council this evening provided by the consultant, Rosenow Spevacek group. They are asking that city council approve the procedures and approve the resolution that authorizes the formation of this new committee. M/S/C (Ayres / Mansperger) moved to approve the item as presented. Motion carried 3/0 with councilmember Di Memmo and Vice Mayor Mansperger abstaining. Ayes: Nays: Absent: Abstain: Ayres, Potts, Stubblefield None None Di Memmo, Mansperger 5.2 Resolution No. / A resolution renaming Potter Road as Lyon Avenue from De Anza Drive to Record Road / Approve and Adopt / Planning Director Councilmember Ayres moved to approve the item as presented and then withdrew the motion as there was a member of the public who wished to speak on this item Mayor Stubblefield opened the Public Hearing at 9:56 p.m. Daniel Mitchell, 1521 Potter Road, San Jacinto — stated that he is here because of history, his grandparents purchased the home he lives in, in 1959. In regards to all of the future planning, he asked that council at least look back at the history of San Jacinto. He asked that the council reconsider renaming the road and leaving the street names as they are. Councilmember Ayres responded that the council is cognoscente of the history of San Jacinto. Mr. Mitchell suggested that at the expressway, you have Potter Rd, but underneath that you have a sign that says to Lyon Ave, and keep Potter Rd. Councilmember Ayres commented that it is a process in renaming street. And it is a hassle to change everything from a driver's license to regular mail. City Attorney responded that the government code provides the procedure that the legislative body can change the name. Mayor Stubblefield closed the Public Hearing at 9:56 p.m. City Council Minutes April 2, 2009 Page 19 of 23 City Engineer Habib Motlagh stated that seen street signs that keep the main name and the other name underneath; they could keep both names. City Manager McClellan commented that it is an inconvenience but they do notice the post office. Typically, there is one carrier and delivery continues with minimal impact (mail loss). Mayor Stubblefield asked if there were any studies done about renaming Potter Rd. Mayor Stubblefield did not officially close the Public Hearing. City Manager McClellan stated that in regards to the historical significance of Potter Rd, the city went to Betty Jo Dunham and Mary Whitney and they didn't have and knowledge of historical significance that Potter was a historical name. Councilmember Ayres moved and suggested continuing this item for two weeks. Councilmember Potts stated that this is significant for people that grew up on the street. If they do proceed with the change, he suggested that the signs be put in the museum. Planning Director Hartel asked that they continue this item for thirty days to allow time for a staff report and posting. M/S/C (Ayres / Stubblefield) moved to continue this item for thirty days. Motion carried 5/0. Ayes: Nays: Absent: Abstain: Ayres, Di Memmo, Mansperger, Potts, Stubblefield None None None 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 City Manager McClellan reviewed the staff report. He informed council that this item is for the approval to go to bid for the demolition and to make them aware of the $28,000 dollars that may be needed in excess of the city engineers estimate. City Council Minutes April 2, 2009 Page 20 of 23 Mayor Stubblefield asked if redevelopment money could be spent since this is in the redevelopment area. City Manager McClellan responded that yes that is correct, but it would not stop the project going to bid. Mayor Stubblefield commented that these buildings are unsafe and he would like to see something new built in the place of these buildings. Vice Mayor Mansperger commented that he is not encouraging demolishing main street businesses. He would like to have the rock work and art moved to the museum. Councilmember Potts asked if prior to demolition could they take down the rot iron fence and get some pictures with the old police car. M/S/C (Mansperger / Potts) moved to approve the item to go out for bid. Motion carried 4/0. Councilmember Ayres was away from the dais for this vote. Ayes: Nays: Absent: Abstain: Di Memmo, Mansperger, Potts, Stubblefield None Ayres None 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 Development of Property within Certain Areas on the Financing of Improvements for the San Jacinto River Levee, Stage 4 Planning Director Hartel reviewed the staff report and stated that staff recommends approval of this ordinance Councilmember Ayres rejoined the meeting at 10:17 p.m. Mayor Stubblefield asked if the building is habitable then we need to include putting a fee on the project. City Attorney Ballinger commented that this gives further justification for including these types of facilities. City Council Minutes April 2, 2009 Page 21 of 23 Planning Director Hartel stated that a telecommunications facility is generally on a much bigger parcel. Councilmember Ayres stated that anyone that benefits from the construction of the levee needs to pay. City Attorney Ballinger responded that the city doesn't have a financing district in place. The city will have a difficult time getting the first cell tower to buy into the conditions. It could possibly happen with the second one, but it may not. City Attorney Ballinger saw the ordinance was connected to subdivisions and this is meant to capture those non subdivision projects. M/S/C (Ayres / Di Memmo) moved to approve the item as presented. Motion carried 5/0. Ayes: Nays: Absent: Abstain: Ayres, Di Memmo, Mansperger, Potts, Stubblefield None None None 5.5 Updated City-wide Speed Survey by RK Engineering / Approve and direct Public Works Department to implement speed limit recommendations / City Engineer City Engineer Motlagh reviewed the staff report and the request for the addition of speed humps on Eagle. Councilmember Ayres suggested this information should be on the city's web site. The city does speed surveys over one fifth of the city every year and this is an ongoing process. Loren Pratt, 181 Sussex, San Jacinto — stated that his neighborhood is located by Ramona Expressway and Eagle and Idyliwild. There are 600 plus residents of this tract and this is a safety issue. He thanked everyone for the expedient response. There are two bus stops on Eagle Street, one is for elementary school children and one is for middle school children. The high school kids tend too drive to fast and the residents are suggesting a thirty miles per hour zone. The neighborhood watch recommended painting a single line down the middle of the street and might keep people in their own lanes. This would also help the police department to determine who was a fault in the case of an accident. He asked that once approved, how long does it take to have speed limit signs put in place. City Manager McClellan responded that the ordinance to be adopted takes approximately six weeks before it becomes law and enforceable. City Council Minutes April 2, 2009 Page 22 of 23 Mayor Stubblefield commented that there is an Outreach Subcommittee meeting in that area coming up, but he was not sure of the exact date. M/S/C (Ayres / Stubblefield) moved to approve the item as presented. Motion carried 5/0. Ayes: Nays: Absent: Abstain: Ayres, Di Memmo, Mansperger, Potts, Stubblefield None None None Mayor Stubblefield recessed the regular meeting at 10:32 p.m. to hear the Redevelopment Agency Agenda and reconvened the council's regular meeting at 10:33p.m. 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS Councilmember Di Memmo Passed on his report. Councilmember Potts attended ROTC and there was nothing to report. American Legion Public Safety Awards are on Saturday night. He attended last night Sheriffs award in Riverside where they honored Marc Searl for life saving. Councilmember Ayres commented that the new RTA commuter link will start in July that goes to Hemet, down the 74 and into Riverside and is free of charge. It will be wi-fl ready and have TV. He and Vice Mayor Mansperger would like to work on the designs of a skate park for San Jacinto. He suggested solutions on budgeting and getting input from high school and middle school students. He has been working with Councilmember Potts and they have found a howitzer and they will bring back plans. Vice Mayor Mansperger attended the Estudillo Mansion Committee meeting and they now have the olive trees at the mansion. Mayor Stubblefield attended the quarterly meetings with Supervisor Stone City Manager McClellan and thought it was productive. It was an honor to attend the American Legion awards. He noted that on Monday there is a predevelopment subcommittee meeting. Suggested bring back Gateway Specific Plan for future agenda item Staff reported they didn't have anything to report for closed session. 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 City Council Minutes April 2, 2009 Page 23 of 23 No Reportable action 7.2 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 Stubblefield adjourned the meeting at 10:45 p.m. City of San Jacinto By Dale Stubblefield, Mayor ATTEST: Richard Miller, Deputy City Clerk AGENDA MINUTES REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL MAY 7, 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 7:01 p.m. 1.2 Roll Call Present: Steve Di Memnno, John Mansperger, Jim Potts, Dale Stubblefield Absent: Jim Ayres M/S/C (Stubblefield/Mansperger) moved to excuse Councilmember Ayres. Motion Carried 4/0. Ayes: Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: Ayres Abstain: None 1.3 Invocation Pastor James Billings, First Baptist Church, gave the invocation. 1.4 Pledge of Allegiance Vice Mayor Mansperger led the Pledge of Allegiance. 1.5 Special Presentations Mayor Stubblefield invited Dennis Anderson, Cesaria Hernandes and Duane Minard to the podium and spoke about Mr. Anderson's many accomplishments and years of dedicated service as Artistic Director to the Ramona Outdoor Play. 1.5.1 Vice Mayor Mansperger read and presented a plaque honoring Dennis Anderson for being the Artistic Director of Ramona since 1995 as well as many other accomplishments. City Council Minutes May 7, 2009 Page 2 of 16 Mayor Stubblefield spoke about Cesaria Hernandez's fourth season as Ramona and Duane Minard's first season as Alessandro in the Ramona Outdoor Play. 1.5.2 Vice Mayor Mansperger read and presented a plaque honoring both Cesaria Hernandez and Duane Minard for their participation in the Ramona Outdoor Play. 2. PUBLIC COMMENTS: Loren Pratt, 801 Sussex Road: commented about the rapid & expedient manner in which the city responded to their items. The neighborhood watch committee thanked the council for their swift work and response. Patricia Mayne, P.O. Box 682, San Jacinto, member of Save Our Communities (SOC) — reported on several items that are happening in federal government and provided a summary in a letter that she gave to the council. Cal Assoc of Counties — read from handout - (request to make the process more transparent) - SOC had asked city to work with county during a meeting with Supervisor Stone's office and would like to know what is happening at this point. SOC is asking for a letter of support for the California Association of County's stand concerning the Carcieri v Salazar case. Lucille Hedges, 971 Cypress Drive, Estudillo Mansion Committee reported on the ROTC cadets, the new trees and the mansion dedication as she read from a letter provided to council and clerk. Mayor Stubblefield commented about the event at the mansion. Lailani Kent, 397 Virginia Dr. — commented on a code enforcement issue, she moved here in 2004. She has been asked to move her RV travel trailer parked on side of house, but cannot move due to financial hardship. Not parked on street, wants to park trailer at her house, it would be a financial hardship for her to move it. 2.1 City Manager's Report on previous month's public comments April 2 nd meeting — Two neighborhood watch issues have been addressed by Chief Tyler April 16 th meeting - Evelyn Demeaux, representing the Hemet San Jacinto Genealogical society, spoke and passed along information to the public about the publication, San Jacinto Valley, Volume Two. 3. CONSENT CALENDAR 3.1 Treasurer's Report — March 31, 2009 / Receive and File / City Treasurer City Council Minutes May 7, 2009 Page 3 of 16 3.2 April 2, 2009 Minutes — Regular Meeting / Continue to May 21, 2009 City Council meeting / City Clerk (Staff has requested this item be continued to May 21, 2009 City Council Meeting) 3.3 April 16, 2009 Minutes — Regular Meeting / Approve / City Clerk 3.4 Continuation of the Proclamation of the Local State of Emergency due to high and damaging winds / Approve / City Attorney 3.5 San Jacinto River Levee, approval of change order to Webb Associates contract for final design / Approve / Assistant City Manager 3.6 Approval of License Agreement with RCTC related to Sanderson Avenue Widening Project / Approve / City Engineer (Staff has requested this item be continued to a date uncertain) 3.7 Acceptance and allocation of TASIN (SB 621) Grant money for Ramona Expressway Rehabilitation Project / Approve / Interim Finance Director 3.8 Acceptance and allocation of SB 821 Grant funds for De Anza Drive and Washington Avenue Improvements / Approve / Interim Finance Director 3.9 Ordinance No. 09-11 / An ordinance amending Chapter 8A8 of the San Jacinto Municipal Code / Approve second reading and adopt Ordinance No. 09-11 and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto Amending Chapter 8.48 of the San Jacinto Municipal Code Requiring that Shopping Carts Be Maintained on Business Premises / Assistant City Manager 3.10 Surplus Declaration — 2008 Chevrolet Impala / Approve / Interim Finance Director 3.11 Master Street Light Agreement with Southern California Edison / Approve / Public Works Director 3.12 Ratification of Planning Commission approval of Conditional Use Permit 01-09 for a tenant improvement for a 2,294 square foot amusement center within the Ramona Crossings Center located at 621 North State Street, Suite 3 / Approve / Planning Director 3.13 Resolutions to update Signature Card and Facsimile Signature Agreement with Bank of Hemet / Approve and Adopt / Interim Finance Director City Council Minutes May 7, 2009 Pace 4 of 16 a) A Resolution of the City Council of the City of San Jacinto, California, Authorizing a Facsimile Signature Agreement for Bank Accounts at the Bank of Hemet b) A Resolution of the City Council of the City of San Jacinto, California, Authorizing Signers for Bank Accounts at the Bank of Hemet Items 3.2 and 3.6 were pulled, Councilmember Potts pulled item 3.7 for discussion. Mayor Stubblefield abstained from item 3.8 because he lives on De Anza and it would be a conflict. M/S/C (Mansperger/Potts) moved to approve the balance of the Consent Calendar. Motion Carried 4/0, with Mayor Stubblefield abstaining on 3.8 Ayes: Nays: Absent: Abstain: Di Memmo, Mansperger, Potts, Stubblefield None Ayres Stubblefield - 3.8 4. PUBLIC HEARING 4.1 General Plan Amendment 3-07, Planned Unit Development 2-06 and Tentative Tract Map No. 34664 / Continued from January 22, 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. 3258 approving General Plan Amendment 1-07 based upon the Planning Commission's recommendation 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 City Council Minutes May 7, 2009 Page 5 of 16 Planning Director Asher Hartel presented the staff report. Staff provided a conceptual layout plan as a late handout, number correction from 37 to 36 homes. One lot is drainage basin now. Council continued this item on Jan 22, 2009 for 30 days, and has since been continued to work through revision. Reviewed revised site plan and commented on basin at NW site. Other changes — Close up NE site — gated entry, used to be a numbered lot, and at Predevelopment was requested to move the home site. More open space created as a result of the change. Planning Director Hartel reviewed the slides of various elevation photos to address the concerns given by council in January. The design evaluation and the project scored 66 out of 77 vs. the score of 63 at the previous evaluation. This project with the score of 66 scored better than the Osborne Project across the street that had a score of 64. Staff is recommending that the perimeter wall along Kirby Street be revised to include decorative block and wrought iron so that the park area is open and visible, language to this effect has been added to planning Condition #31 to provide for this. Mayor Stubblefield opened public hearing at 7:25 Mayor Stubblefield commented that this was an excellent job of fine tuning and incorporating previous suggestions. He invited the applicant to come forward. Mario Zamorano — 1340 S. Kirby. — said that he is here looking for approval of Tract Map 34664. The Architect and the Civil Engineer are also here to respond to any questions that the council might have. Councilmember Di Memmo asked the applicant when he intends to build this project. Mr. Zamorano responded that it depends on market, will determine at their office after approval. Councilmember Di Memmo asked if there was an intention to build and not to turn around and sell the project after it is approved. Mr. Zamorano commented that that was considered, but will probably build the project. He reminded council that this project must be built as designed regardless of who owns it. Vice Mayor Mansperger thanked him for having patience and commented that they took a good project and made it better. Understands if he sells it, and this may be the time to build, there's a market for this right now. Supports this project and believes in it. City Council Minutes May 7, 2009 Page 6 of 16 Mr. Zamorano responded that the Osborne project across the street has sold about 18 of 26 homes, which is a good indication that this might be the time to build. Russ Utz, 2867 Tuberose Dr — Was here in January, asked if house sizes are pre-plotted or people buying lots and then build the design they want. His main concern is that what is being presented is for single family residential but he interprets what is being presented as duplexes (dual family residential) Mayor Stubblefield stated that this CUP shows this as a single family development and they are conditioned to incorporate single family homes with single and two story homes. Planning Director Hartel said based on this site plan whoever builds these homes will need to have twenty percent single story homes (there are 7 homes on the plan, but have flexibility on moving a single home from one location to another. He responded to Mr. Uts, that they are not duplexes, the zoning will go to R-2 signifying density range, but that does not always mean R-2 will be multi residential. Mayor Stubblefield closed public hearing at 7:34 M/S/C (Mansperger/Pofts) moved to approve General Plan Amendment 3-07, Planned Unit Development 2-06 and Tentative Tract Map No. 34664 as presented. Motion Carried 4/0. Ayes: Nays: Absent: Abstain: Di Memmo, Mansperger, Potts, Stubblefield, None Ayres None 4.2 Conditional Use Permit 12-08 / Applicant: Los Angeles SMSL, LP for Verizon Wireless, 15505 Sand Canyon Avenue, Irvine, CA 92618 / Approve Conditional Use Permit No. 12-08 subject to the Findings of Fact in Resolution No 3259 and the attached Conditions of Approval (allowing a cell tower at 1209 W Ramona Expressway) / Continued from February 5, 2009 / Planning Director Planning Director Hartel presented the staff report. The reason for the continuation was the close proximity of the facility to Ramona Expressway. The CUP is for a wireless communication facility and includes a 55 foot stealth mono pole tower located at 1209 W. Ramona Expressway for Verizon. Planning Director Nadel then spoke about the various diagrams showing the new location of the tower. The site was moved roughly 50 feet from Ramona Expressway and tucked behind a 20 foot metal building with City Council Minutes May 7, 2009 Page 7 of 16 mature trees surrounding it. He showed photo simulation slides from various points of how the mono pole would look. Two 24 inch box trees are proposed by applicant, staff has conditioned to 48 inch box trees, consistent with wireless ordinance that staff is preparing. Access road is now 400 feet shorter, and now the project is within wireless communication facility standards that are being developed. The site is now at least 200 feet back from Ramona Expressway, near existing trees, vegetation and buildings, two new 48 inch box trees. There are restrictions to the owner's ability to remove trees or severely trim trees to aid in concealment. Staff recommends approval as revised. Mayor Stubblefield closed public hearing at 7:50. M/S/C (Potts/DiMemmo) moved to approve Conditional Use Permit 12-08, as presented. Motion Carried 5/0. Ayes: Nays: Absent: Abstain: Di Memmo, Mansperger, Potts, Stubblefield None Ayres None 4.3 Resolution No. 3257/ A resolution renaming Potter Road as Lyon Avenue from De Anza Drive to Record Road / Approve and Adopt / Planning Director Planning Director Nadel presented the staff report. Heard on April 2 nd and continued so that staff could research the Potter name further. Director Hartel commented that they had contacted Betty Jo Dunham and Betty Whitney at the museum. Ella Mae Record and her sister Marjorie Goodwin, Jack Warneke, and Jim Connor, all of whom are long time residents were also contated. All of these conversations showed no connection to anyone named Potter living on or owning land on Potter Rd. He also passed around clearer photos that were in the staff reports. There was a record at the Duffin Heritage Room at the Hemet Library, of Asa, Charles and John Potter, residing in unknown locations in San Jacinto, and Bertha Potter on Montrose Avenue a mile and a half where Potter Road is now. City Museum came into possession of photos of John Potter couple weeks ago. No one has any record of any Potter living on Potter Rd. and he recommends adopting the resolution. Vice Mayor Mansperger commented that he spoke with several people that have been around for awhile. He spoke with Henry Hafliger today, but he had no recollection of any Potter living on Potter Road. Vice Mayor Mansperger does not want any confusion with the road name, believes it would be dangerous not to change. Mayor Stubblefield commented that the preservation of history is important; staff has done a great job researching. He added that Vice Mayor City Council Minutes May 7, 2009 Page 8 of 16 Mansperger is correct and public safety issues are important and it makes sense to change the name of the street. Businesses will want the name change as well. Mayor Stubblefield opened public hearing at 8:55 p.m. There being no speakers nor further comments, Mayor Stubblefield closed public hearing at 8:55:30 p.m. M/S/C (Stubblefield/Mansperger) moved to approve Resolution No. 3257, as presented. Motion Carried 4/0. Ayes: Nays: Absent: Abstain: Di Memmo, Mansperger, Potts, Stubblefield None Ayres None 4.4 Ordinance No. 09-10 / An ordinance (Zoning Amendment Ordinance No. 01-09) regarding the Gateway Area and city-wide wireless telecommunications facilities / Continue to May 21, 2009 City Council meeting / 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 City Attorney Jeff Ballinger said a vote was not necessary. 5. STAFF REPORTS 5.1 An Ordinance to regulate the land application of sludge and manure / Approve introduction and first reading of Ordinance No. 09-15; and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto Establishing Chapter 8.64 of the San Jacinto Municipal Code Pertaining to the Land Application of Sewage Sludge and Manure / Assistant City Manager Assistant City Manager HuIts presented the staff report. Currently there are no regulations for land application of sludge or manure. What staff is City Council Minutes May 7, 2009 Page 9 of 16 asking the council to do is to prohibit application of sludge, but allow for manure under limited circumstances. The applications of these materials can have a potentially negative effect. Some of those issues are flies, odor, toxins that can create diseases, and heavy metal to taint the water supply. The application of manure would only be for certain types of uses. One example would be the high school or colleges that have a farm would be able to apply manure. Areas that are more than five acres in size and located a quarter mile from a school or a half mile from a sensitive receptor like a retirement home, hospital, or senior community. Mayor Stubblefield asked if there was a timeframe for properties to be developed if this sludge is applied on a property. Assistant City Manager HuIts stated that the County Health Department has provisions dealing with certain classes of sludge. They would allow for applications of sludge in San Jacinto if we did not have ordinances to prohibit it. There are restrictions on when properties can be developed after applications of sludge. Vice Mayor Mansperger asked how this would affect existing dairies that we have now. Assistant City Manager HuIts stated that it would apply to them. They would be subject to the requirements for applying manure to their property. Vice Mayor Mansperger asked if it would affect the dairies that are stockpiling their manure. Assistant City Manager HuIts responded that this is for land application, not by-product. Vice Mayor Mansperger asked if this would apply to farmers. Assistant City Manager HuIts answered that It would, but there are restrictions and conditions that would have to be applied to. If the farm exceeds twenty acres they can apply manure, but they would have to incorporate it into the soil within seven days of the delivery. Vice Mayor Mansperger asked how it would apply to smaller farms under five acres. Assistant City Manager HuIts said that if the farm were less than five acres, the application of bulk manure would not be permitted. A farm between five and twenty acres would have 48 hours to incorporate the manuree into the soil. City Council Minutes May 7, 2009 Page 10 of 16 Mayor Stubblefield asked how this would affect the free fertilizer that you see piled around in the farm areas. Does this prohibit them from doing this? Assistant City Manager HuIts answered that essentially it does. Bagged manure purchased at Home Depot would not fall under this ordinance. It really is a water quality issue. City Manager McClellan commented that this issue came up while they were working with the other three water purveyors during the Ground Water Management Plan meetings Russ Utz, 2867 Tuberose Dr. asked how this would apply to the EMWD site, as they air dry sludge by dropping it on the ground. City Manager McClellan responded that it would not apply because that is part of their operation, part of the process. M/S/C (Mansperger/Di Memmo) to approve Ordinance No. 09-15 as presented. Motion carried 4/0. Ayes: Nays: Absent: Abstain: Di Memmo, Mansperger, Potts, Stubblefield None Ayres None 5.2 An Ordinance to Regulate Water Conservation and Water Supply Shortages / Approve introduction and first reading of Ordinance No. 09-16; and by further motion read by title only: An Ordinance of the City Council of San Jacinto Amending Section 13.04.070 of Chapter 13.04 of the City of San Jacinto Municipal Code Establishing Water Conservation and Water Supply Shortage Program and Regulations / Public Works Director Mayor Stubblefield called for a 5 minute recess at 8:06 p.m. Mayor Stubblefield reconvened the meeting at 8:17 p.m. Public Works Director Emberton presented the staff report. He feels that establishing the Water Conservation and Water Supply Shortage Program and Regulations will give code enforcement the ability to go after the offenders based on their negligence or lack of response. Mayor Stubblefield asked if this only applies to the city water district. Public Works Director Emberton replied that it would apply to both. City Council Minutes May 7, 2009 Page 11 of 16 City Attorney Jeff Ballinger stated that as it reads it applies only to the city. Mayor Stubblefield asked if EMWD has something that applies to this as well, what do they constitute as over watering and how do they notice over- use. Public Works Director Emberton stated that they would be focusing on gross abuse and added that commercial users tend to over-use. Mayor Stubblefield asked if the Water Subcommittee had the opportunity to look at this ordinance. Councilmember Potts commented that the Water Subcommittee did look at this, and in level 1 there is no enforcement. There is enforcement only in the tiered water rate structure. Public Works Director Emberton stated that with this ordinance they would have the ability to enforce the abuse of water at the lower levels. Councilmember Potts asked if this had no tiered water rate structure other than what other water districts have. Public Works Director Emberton responded that was correct. Councilmember Di Memmo asked if the water department had been checking the meters for leaks and accuracy Public Works Director Emberton said that they have been checking for leaks throughout. The meters are new up-to-date digital read meters and are functioning well. Vice Mayor Mansperger asked if the responsibility of the water line from the house to the street was the homeowners' and from the street to the meter is the cities. Public Works Director Emberton confirmed that statement. Mayor Stubblefield commented that he felt this is necessary and that hopefully the residents will take notice of wasting water. Vice Mayor Mansperger asked Planning Director Hartel if the new satellite irrigation systems are in all the new housing tracts. Planning Director Hartel responded that they have not approved any new tracts lately, but for the areas that go into an LLPD, the city does have that type of agreement. Assistant City Manager Hults commented that Vice Mayor Mansperger purchased a model home and city guidelines require landscape guidelines City Council Minutes May 7, 2009 Page 12 of 16 on model homes to be very strict, and the city is looking to bring this issue back in late May or June. Vice Mayor Mansperger asked if this could be conditioned on new developments. Assistant City Manager HuIts responded that they were in the process of re-addressing the landscape guidelines. Vice Mayor Mansperger stated that the city could start using desert area designs with drought tolerant plants in the medians. Assistant City Manager HuIts responded that the Ramona Blvd median composes all of this and council will be pleased with the look. Staff is trying to reduce maintenance costs, and drip systems will be used on Ramona Blvd median. Vice Mayor Mansperger commented that the city should encourage new builders to go in this direction and possibly include it into the requirements and standards for new developments. Councilmember Potts agreed that there is a serious water situation, some due to programs in Sacramento and all cities need to be responsible. The Water Subcommittee agreed to pass this on to the council. Mayor Stubblefield thanked staff and the Water Subcommittee for bringing this to the attention of the council. Public Works Director Emberton's full presentation is on file at the city clerk's office. M/S/C (Di Memmo/Mansperger) to approve Ordinance No. 09-16 Motion carried 4/0. Ayes: Nays: Absent: Abstain: Di Memmo, Mansperger, Potts, Stubblefield None Ayres None 5.3 Presentation of Fiscal Year 2009-2010 Proposed Budget /Discuss and direct staff / City Manager City Council Minutes May 7, 2009 Page 13 of 16 City Manager McClellan presented this year's budget City Manager McClellan presented this year's budget and stated that he is presenting the second year of the two year budget. The operating budget they are proposing is $73,310,927. Typically, in the second year, the City Council considers only significant budget policy issues and new capital projects. However, this is not a typical year nor are these typical times. Instead of rolling over the budget at a fixed percentage or even zero increase as in FY 2007-08, significant reductions have been made to the current FY 2008-09 budget. Over $100,000 was cut from the budget for training and equipment at the mid-year review. The positions in development services that were intentionally vacant in the current year have been eliminated from the 09 budget. Six positions were eliminated from the budget that will provide a savings of approximately $600,000 in FY 2009-10. With the adoption of the proposed budget as presented, the projected fund balance on 6-30-10 is 14.55 million (including the proposed $300,000 in reductions). However, if the recession continues throughout the coming fiscal year, more service level reductions will need to be seriously considered for the FY 2010-11 budget year. Staff continues to look at ways to further reduce expenditures. One way to cut expenditures is by eliminating the federal consultant in Washington. We pay $12,500 a year for updates on when things happen. She is not a registered lobbyist she is just an information person, a go- between, so it seems this is one place to save a little money. The research and appointments could be done in-house. Another place would be the Senior Repair Grant program. Instead of paying the administration fee it could be handled in-house as well. Councilmember Potts asked the City Manager what his opinion was on eliminating the federal consultant. The money is very small and does it seem worth cutting. Mayor Stubblefield commented that because of the cutbacks on council travel there is no reason to have the consultant because they have decided they will not be making any trips to Washington DC. City Manager McClellan recommended that the consultant's contract not be renewed. Councilmember Potts said that he feels the Senior Repair Grant program is very important and would like to see it stay. City Manager McClellan responded that he was not talking about disbanding the program. There is an administration fee of $30,000 and if this is administered in house while the economy is slow it will save those administration fees. City Council Minutes May 7, 2009 Page 14 of 16 Councilmember Di Memmo asked about PERS going up 20% and did the city account for that. City Manager McClellan responded that yes, there have been rumors and it has been accounted for. PERS has a three year rolling average that they use. Retired Public Safety vs. CFD is not applicable. Staff is looking at alternatives and received the information just yesterday or today. Councilmember Di Memmo agreed with Councilmember Potts about the Senior Home Repair. Bringing that in house and saving that administration fee is a good idea. He asked if it was also possible to include the sign program to eliminate that administration fee. City Manager McClellan responded that that would have to be looked at separately because it is labor intensive. He will review that with Public Works Director Emberton on the availability of employees because it would fall under their responsibility. Councilmember Potts commented that the County has been talking to employees and public safety about decreasing payment to employees. He asked about how it would affect the contract that the city has with the County for the police department if this happens. City Manager McClellan stated that he understands that there would be savings. If salaries and benefits drop, then the city's costs would go down. Councilmember Di Memmo asked if the council will be receiving a more detailed budget. City Manager McClellan said that this was just a summary and that a more detailed budget will be out, hopefully by next Friday. Mayor Stubblefield thanked the staff for their hard work on the budget. 5.4 Consent Item 3.7 pulled for discussion. Acceptance and allocation of TASIN (SB 621) Grant money for Ramona Expressway Rehabilitation Project / Approve / Interim Finance Director Councilmember Potts commented that there is a possibility that the City Engineer has arranged with RCTC to have funds to rehab Ramona Expressway, could the TASIN money be used for a different project or would it have to be used for Ramona Expressway Pavement Rehabilitation Project. City Manager McClellan stated that the TASIN money is for a specific use, and if it is not used for that purpose it would go back to the County. City Council Minutes May 7, 2009 Page 15 of 16 Councilmember Potts asked if $200,000 from the 1.5 million expected from RCTC, could be used for another project. City Manager McClellan said that he was not sure and would need to see what the conditions are. If there are savings, it can be brought back to council for consideration. M/S/C (Potts/Mansperger) to approve item 3.7 as presented. Motion carried 4/0. Ayes: Nays: Absent: Abstain: Di Memmo, Mansperger, Potts, Stubblefield None Ayres None Mayor Stubblefield recessed the regular meeting to consider the agenda of the Redevelopment Agency regular meeting at 9:07 p.m., and reconvened the regular meeting at 9:07:30 p.m. 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 6.1 Committee and Subcommittee Reports Councilmember Di Memmo attended the Ramona Outdoor Play, and said that it was a great opportunity and a wonderful experience. The presentations tonight were very appropriate. He spoke with soap box derby people about having a race up at the Ramona Bowl Councilmember Potts attended the VFW meeting last Friday and visited San Jacinto's Veterans Park with the State Commander who was very impressed with the park and had his picture taken with many of the monuments. He also attended the RCTC SJ Branch Line Committee, but had nothing to report. He wished to thank the Engineering Department for getting the project on Palm Avenue completed. He also congratulated Deputy City Clerk Rick Miller on the new addition to his family. Vice Mayor Mansperger attended the Pre-development Subcommittee meeting last Monday and commented that there was still a lot going on. He attended the Estudillo Mansion Committee on Wednesday night and said that they were gearing up for the dedication that will be on May 16 th . He said that he receives many calls from the public and residents regarding Washington and Hewitt, and many of them had issues with crews. Engineering went out and dealt with the contractors immediately and resolved the issues which made the residents very happy with the city's quick response. He also wished to congratulate Public Works Director Mike Emberton on the good work on graffiti. Mayor Stubblefield spoke about the clean-up that is scheduled on Idyllwild Avenue this Saturday. He invited everyone to come out the the Estudillo Mansion City Council Minutes May 7, 2009 Page 16 of 16 Dedication and Re-opening next Saturday. He also invited all to join him for the Relay for Life Cancer Walk on the 16 th. 7. CLOSED SESSION — No Closed Session 8. ADJOURNMENT Having no further business before the Council, Mayor Stubblefield adjourned the meeting at 9:16 p.m. by Dale Stubblefield, Mayor ATTEST: Barry McClellan, City Clerk Approved as read: Approved as amended: AGENDA ITEM 3 4 May 21, 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: By Motion, consent to 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. 3711 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. Approvals City Manager: Finance Director Page 1 of 1 STATE OF CALIFORNIA) RESOLUTION NO. 3117 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) 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 am. (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 APPROVED AS TO FORM: BEST, BEST & KRIEGER LLP _ ATTEST: itiff I t i 141/ "Ayres, 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 Page 2 of 2 AGENDA ITEM 3= May 21, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Bernard Simon, City Treasurer SUBJECT: Treasurer's Report at April 30, 2009 RECOMMENDATION: Receive and File Treasurer's Report for April 30, 2009. BACKGROUND: The Treasurer's Report is required to be presented to the governing body at least quarterly in accordance with California Government Code Section 53600 et. seq. DISCUSSION: Total Cash and City Investments decreased 3.87% during the month. This includes cash, cash in bank and cash with trustee. The attached Treasurer's report is a "snapshot" report of our cash position on the last day of the month in all of our accounts. A section demonstrating compliance with the adopted Investment Policy and a chart depicting historical interest rates for certain positions have been added to the report. FISCAL IMPACT: None. ATTACHMENTS: Treasurer's Report for the month ending April 30, 2009. INTEREST PURCHASE MATURITY RATE YIELD DATE DATE 1.766% 1.766% 0.750% 1.570% 0.000% 0.000% 0.000% 1.780% 1.780% 0.753% 1.581% 0.000% 0.000% 0.000% Various Various Various Various Various Various Various Open Open Open Open Open Open n/a Various Various Various Various 10/10/2002 Various Various Various Various Various Various Various Various Various Various Various Open Open Open Open 09/01/2014 Open Open Open Open Open Open Open Open Open Open Open $0 $0 $127 $14,995 $748,800 A $36,698 $266 $224 $77,801 $28 $187,659 $39,368 $939 $0 $0 $24,171 $1,131,076 $0 $0 $127 $14,995 $748,800 $36,698 $266 $224 $77,801 $28 $187,659 $34,368 $939 $0 $0 $24,171 $1,126,076 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% -12.70% 0.00% 0.00% 0.00% 0.00% -0.44% $0 $0 $127 $14,995 $748,800 $36,698 $266 $224 $77,801 $28 $187,659 $34,368 $939 $0 $0 $24,171 $1,126,076 n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 0.000% 0.000% 0.010% 0.010% 4.050% 0.010% 0.010% 0.010% 0.010% 0.000% 0.010% 0.010% 0.010% 0.000% 0.000% 0.010% 0.000% 0.000% 0.010% 0.010% 4.126% 0.010% 0.010% 0.010% 0.010% 0.000% 0.010% 0.010% 0.010% 0.000% 0.000% 0.010% Open $62,446 B $62,446 0.00% $62,446 n/a $3,057,509 B $309,900 B $230,995 B $3,057,507 0.00% $234,963 -24.18% $1 -100.00% $3,057,507 $234,963 $1 Open Open Open n/a n/a n/a TREASURER'S REPORT FOR THE MONTH ENDING APRIL 30, 2009 Page 1 INVESTMENT TYPE STATE POOL STATE POOL CAMP MONEY MARKET DEMAND Account PAYROLL Account INSTITUTION SERIAL # L.A.I.F. L.A.I.F. - RDA Joint Powers Authority Bank of Hemet Bank of Hemet Bank of Hemet Cash on Hand 03/31/2009 PREV. MONTH BALANCE $39,617,788 C $6,057,303 C $3,134,118 E $9,101,827 C $929,147 F $21,583 F $850 F 04/30/2009 CURRENT BALANCE $39,803,985 $6,085,767 $785,027 $9,764,864 $252,575 $18,826 $850 % change from prior month 0.47% 0.47% -74.95% 7.28% -72.82% -12.77% 0.00% 04/30/2009 MARKET VALUE $39,861,626 $6,094,580 $785,027 $9,764,864 $252,575 $18,826 $850 COMPUTED ACCRUED INTEREST $57,641 $8,813 n/a n/a n/a n/a n/a TOTAL CITY INVESTMENTS & FUNDS $58,862,616 $56,711,894 -3.65% $56,778,348 $66,454 RESTRICTED CASH WITH FISCAL AGENT (BOND FUNDS1 CFD NO 2 Mutual Fund Mutual Fund Mutual Fund Mutual Fund Corporate Obligations Mutual Fund Mutual Fund Mutual Fund Mutual Fund Mutual Fund Mutual Fund Mutual Fund Mutual Fund Mutual Fund Mutual Fund Mutual Fund Trustee Union Bank Blackrock Prov. T-Fund XXXXXX5201 Union Bank Blackrock Prov. T-Fund )00000(5202 Union Bank Blackrock Prov. T-Fund )0)000(5203 Union Bank Blackrock Prov. T-Fund )000=5204 Union Bank Bayerische Lankbk GIC )000=5204 Union Bank Blackrock Prov. T-Fund XJC00(X5205 Union Bank Blackrock Prov. T-Fund YJC00(X5208 Union Bank Blackrock Prov. T-Fund )00000(5301 Union Bank Blackrock Prov. T-Fund )00000(5401 Union Bank Blackrock Prov. T-Fund )000=5403 Union Bank Blackrock Prov. T-Fund >00000(5405 Union Bank Blackrock Prov. T-Fund )00000(5406 Union Bank Blackrock Prov. T-Fund )00000(5501 Union Bank Blackrock Prov. T-Fund )00000(5502 Union Bank Blackrock Prov. T-Fund YJC00(X5503 Union Bank Blackrock Prov. T-Fund )00000(5506 TOTAL CFD NO 2 2005 RDA SAN JACINTO TAX ALLOCATION BONDS Mutual Fund Union Bank Blackrock Pray. T-Fund )000(75750X 0.014% 0.014% Various 1997 WATER IMPROVEMENT REVENUE BONDS Mutual Fund Union Bank Blackrock Prov. T-Fund )000(59800X 0.010% 0.010% Various 2002 WATER REVENUE BONDS Mutual Fund Union Bank BIackrock Prov. T-Fund )000(68290X 0.000% 0.000% Various 1999 RDA SQBOBA TAX ALLOCATION BONDS Mutual Fund Union Bank Blackrock Prov. T-Fund )000(62740X 0.010% 0.010% Various ASSESSMENT DISTRICT 87-1 Cash BNY Bank of New York 0.000% 0.000% Various Open $916 F $916 0.00% $916 n/a Prepared By: General Accounting Manager 05/12/2009 Page 2 TREASURER'S REPORT FOR THE MONTH ENDING APRIL 30, 2009 INVESTMENT TYPE INSTITUTION SERIAL # 03/31/2009 INTEREST PURCHASE MATURITY PREV. MONTH RATE YIELD DATE DATE BALANCE 04/30/2009 CURRENT BALANCE % change from prior month 04/30/2009 MARKET VALUE COMPUTED ACCRUED INTEREST TOTAL CASH WITH FISCAL AGENT $4,792,842 $4,481,909 -6.49% $4,481,909 n/a TOTAL ALL FUNDS $63,655,458 $61,193,803 -3.87% $61,260,257 $66,454 PER INVESTMENT POLICY: Level 1 - Investments U.S. Treasury Bills, Notes and Bonds Negotiable CDs Obligations issued by U.S. Government Agencies Commecial Paper Medium Term Notes Repurchase Agreements Time Deposits Mutual Funds (Limited to U.S. Treasuries) Mutual Funds (Limited to U.S. Govt. Sec.) Level 2 - Investments Money Market Funds (non-brokered) LAIF CAMP (pool account) Cash & Demand Accounts Maximum % Current % In Complaince? 100% 0% Yes $0 10% 0% Yes $0 100% 0% Yes $0 15% 1% Yes A $748,800 20% 0% Yes $0 10% 0% Yes $0 25% 0% Yes $0 18% 6% Yes $3,732,193 18% 0% Yes $0 20% 16% Yes C $9,764,864 90% 75% Yes C $45,889,752 50% 1% Yes $785,027 n/a n/a n/a $273,167 $61,193,803 I CERTIFY THAT THESE INVESTMENTS COMPLY WITH ALL STATE LAWS PERTAINING TO THE INVESTMENT OF LOCAL AGENCY FUNDS AND THE CITY OF SAN JACINTO'S INVESTMENT POLICIES. CITY OF SAN JACINTO MEETS OR EXCEEDS THE SIX MONTH CASH FLOW REQUIREMENTS AS PER GOVERNMENT CODE 53646(b)(3). BERNARD SIMON, TREASURER City of San Jacinto Prepared By: General Accounting Manager 05/12/2009 5/06 6/06 7/06 8/06 9/06 10/06 11/06 12/06 1/07 2/07 3/07 4/07 5/07 6/07 7/07 8/07 9/07 10/07 11/07 12/07 1/08 2/08 3/08 4/08 5/08 6/08 7/08 8/08 9/08 10/08 11/08 12/08 1/09 2/09 3/09 4/09 60/P 04 90/9 - SOWN ;SOMUI n.) 0 1 Page 1 of 6 AGENDA ITEM 4.2 TO: FROM: SUBJECT: May 21, 2009 The Honorable Mayor and Members of the City Council Asher Hartel, AICP, Planning Director General Plan Amendment 3-08, Change of Zone 6-08 and Conditional Use Permit 15-08 for a 129,873 square foot mixed use commercial project that includes an 88,233 square foot 3-story hotel, 10,140 square foot restaurant, and 31,500 square feet of retail commercial and office space in four buildings on 13 acres at the southwest corner of Ramona Expressway and Cawston Avenue. Applicant: Shelbran Investments 1590 She!bran Court San Jacinto, CA 92582 RECOMMENDATION: The Planning Commission and staff recommend that by motion the City Council: Adopt the Mitigated Negative Declaration; and Adopt Resolution No. approving General Plan Amendment 3-08 based upon the Planning Commission's recommendation; Introduce Ordinance No. 09-17 for first reading approving Change of Zone 6-08 based upon the Planning Commission's recommendation 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 Light Manufacturing (M-1) to General Commercial (C-2), located at the southwest corner of Ramona Expressway and Cawston Avenue in the City of San Jacinto, County of Riverside. Adopt Resolution No. approving Conditional Use Permit No. 15-08 subject to the attached Conditions of Approval, and delete Planning Condition No. 32 as regards septic disposal systems. BACKGROUND: Planning Commission Hearing On April 23, 2009 the Planning Commission recommended with a 4-0 vote that the City Council approve the proposed General Plan Amendment 3-08, Change of Zone 6-08, and Conditional Use Permit 15-08. The General Plan Amendment would change the General Plan land use designation of the 13-acre project site from Gateway Area Specific Plan to General Commercial. The Change of Zone from Light manufacturing (M-1) to General Commercial (C-2) is required for consistency with the proposed General Plan designation. Approval of the Conditional Use Permit is required for the hotel, restaurant, and commercial and office buildings that are proposed on the project site. Pre-Development Review Subcommittee The project was reviewed and discussed at the Pre-Development Review subcommittee meeting on March 2, 2009. The subcommittee did not raise any issues with the project and were supportive of the project. DISCUSSION: General Plan Amendment The General Plan Amendment Exhibit map shows the 13-acre project site in the area designated as the Gateway Area Specific Plan, a 1,700 acre area which is intended to have a mixture of uses as follows: • Regional Commercial — 15% of net area • Office Park — 30% of net area • Business Park — 35% of net area • Residential — 20% of net area The Gateway Area is defined in the General Plan as the "Gateway Specific Plan Overlay" that is "strategically located around the SR-79 and the Ramona Expressway corridor". The Planning Commission and staff have determined that a change on the General Plan Land Use Map from the Gateway Area Specific Plan to the Community Commercial designation that is proposed for the 13-acre project site can be found to be appropriate and consistent with the above mixture of uses. Since adoption of the General Plan in 2006, it has been interpreted that the intent for development within the Gateway Area would be through one or more specific plans. Approval of this project without a specific plan would constitute a policy shift that could be viewed as eroding the integrity of the Gateway Area to allow a piecemeal approach, and similar development proposals could follow and ultimately lead to a fragmented Page 2 of 6 series of small independent developments rather than larger comprehensively planned projects. However, the uses proposed in the Conditional Use Permit that accompanies this proposed General Plan Amendment are consistent with the mixture of uses envisioned in the General Plan for the Gateway Area, and the public hearing process with review by both the Planning Commission and City Council will ensure that the project meets the expectations for the Gateway Area. Zone Change The project site is currently zoned Light Manufacturing (M-1). The proposed change of zone to the C-2 zone would allow a hotel and a restaurant, and the Conditional Use Permit would permit the serving of alcohol, in addition to beer and wine and a bar at either the hotel or restaurant or both. The General Plan zoning consistency matrix identifies General Commercial (C-2) as a clearly compatible zoning designation within the Gateway Area and Community Commercial land use designations, while the Light Manufacturing (M-1) zone is not compatible. The Change of Zone is therefore necessary to approve the uses that are proposed, and is consistent with the General Plan. Conditional Use Permit Design & Architecture The main project access is on Cawston Avenue via three driveways, with a single driveway on Ramona Expressway. The project design is conceptual, and the conditions of approval require that the project comply with the development standards of the General Commercial (0-2) zone. The project meets these standards with one exception, as the restaurant on Cawston Avenue is not set back the required 10 feet from the front property line; however, this is minor item that can be corrected in subsequent reviews. Architecture of the 3-story hotel and commercial buildings is conceptual, and color elevations have not been provided. The restaurant building elevations are much more detailed and in color, and include an eclectic mix of materials (stucco, stone veneer, corrugated metal, large glass windows, etc.). There is not a uniform theme, and two options (Scheme A and Scheme B) are presented for the 3- story hotel building, each consisting of a front elevation only (no side and rear elevations are presented). The commercial building elevations (2-story office building and shops building) also consist of the front elevation only. The restaurant elevations include all four sides of the building, and a floor plan and roof plan is included. In view of the conceptual nature of the building elevations and the lack of floor plans and roof plans, staff has included a Planning condition that requires detailed architectural elevations, roof plans and floor plans to be reviewed and approved by the Planning Commission prior to issuance of building permits. This approach has been approved on other CUP projects, and enables the project to move forward and obtain Page 3 of 6 an entitlement approval while more detailed plans are brought forward for approval at a later time. Circulation & Parking Internal circulation is provided by a series of looped drive aisles leading through the project from Cawston Avenue and Ramona Expressway. Decorative pathways in front of the retail buildings provide outdoor seating opportunities. Bicycle parking and the provision of a bike path along the Ramona Expressway frontage (per the General Plan Circulation Element) are included in the Planning conditions. The site plan includes 881 parking spaces, and the project exceeds the number of stalls required for general retail commercial and restaurant uses. The remaining spaces would allow for a hotel in excess of 500 rooms. Bicycle parking is conditioned to be provided at all locations. Landscaping The applicant will be required to prepare a detailed landscape plan for the project. The project will provide at least 10 feet of landscaping outside the street right of way along Cawston Avenue and 20 feet along Ramona Expressway. The project also includes several landscaped islands throughout the parking and maneuvering areas, and additional "diamond" tree islands will be required throughout the parking lot. The landscape plan is conditioned to meet the commercial standards found in the Landscape Design Guidelines. Water and Sewer Service The site is located within the water service area of Eastern Municipal Water District (EMWD) and the sewer service area of the City. While water and sewer service will need to be extended to serve the site, a septic system is proposed for the restaurant use as an interim measure. Because of the high groundwater condition in the area due to the close proximity of the San Jacinto River to the north, the feasibility of a septic system is questionable, and there was considerable discussion of this at the Planning Commission. Planning Condition No. 32 provides an option for a septic disposal if both the County Health Department and State Water Quality Control Board clearance are obtained by the applicant. However, Engineering Condition No. 2 requires sewer to be installed. Subsequent discussion between the City Engineer and Planning staff have resulted in a change to the staff recommendation, which is that Planning Condition No. 32 be deleted and sewer will be required at the outset of the project, with no option for an interim septic disposal system. Mid-County Parkway The southerly portion of the project site (approx one-third of the site) is located within the City's preferred alignment for the Mid-County Parkway. According to the Riverside County Transportation Commission (RCTC), the 32-mile parkway is not scheduled to Page 4 of 6 begin construction until approximately 2012, but the starting point for construction has yet to be determined. Property east of this site, across Cawston Avenue has already been acquired by ROTC. The Mid-County Parkway alignment on the project site does not prohibit development of the subject site, as staff has been directed in the past by the City Council to process development projects on such highway alignments. The City is obligated to put the two parties together to facilitate dialog on the effects this project would have on the parkway. To date that discussion has been initiated. The City referred a transmittal on the project to the RCTC and received a response letter that is attached. San Jacinto River Levee Proiect The project site is within the floodplain of the San Jacinto River, and will benefit from the levee project that will remove the project from the floodplain. Both Planning and Engineering have conditioned the project to participate in the Community Facilities District (CFD) to finance the levee per the recently approved Ordinance 09-09. ENVIRONMENTAL ANALYSIS: An environmental initial study (attached) has been prepared, which has determined that this project will not have a significant impact on the environment with the incorporation of mitigation measures. Therefore, adoption of a Mitigated Negative Declaration is recommended. RECOMMENDATION: The Planning Commission and staff support the project subject to the attached conditions of approval, supported by the findings in the attached Resolution No. for the General Plan Amendment, Resolution No. for the Conditional Use Permit, and Ordinance No. 09-17 for the Change of Zone. Planning and Engineering staff further recommend that Council delete Planning Condition No. 32 in order to eliminate the option of an interim septic disposal system for any portion of the project. BUDGETARY IMPACT: None ATTACHMENTS: Attachment Attachment Attachment Attachment Attachment Attachment A — Resolution No. (General Plan Amendment 3-08) B — Ordinance No. 09-17 (Change of Zone 6-08) C — Resolution No. (Conditional Use Permit 15-08) D — Conditions of Approval and letters from agencies E — Initial Study/Mitigated Negative Declaration F — Planning Commission Staff Report of April 23, 2009 Page 5 of 6 Attachment G — Planning Commission Resolution No. 09-11 (GPA 03-08) Attachment H -- Planning Commission Resolution No. 09-12 (CZ 06-08) Attachment I -- Planning Commission Resolution No. 09-13 (CUP 15-08) Attachment J — Planning Commission minutes (draft) of April 23, 2009 Attachment K — Aerial Exhibit Attachment L — Zoning Map Attachment M — General Plan Amendment Exhibit Attachment N — Site Plan package Attachment 0 — Proof of Publication Attachment P — Notice of Public Hearing Page 6 of 6 STATE OF CALIFORNIA) RESOLUTION NO. COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN TO RE-DESIGNATE 13 ACRES OF REAL PROPERTY SPECIFIED HEREIN AS COMMUNITY COMMERCIAL (CC): FILE NO. GPA 03-08. WHEREAS, local governments are authorized by Government Code section 65350 et seq., to prepare, adopt and amend general plans; and WHEREAS, the proposed amendment to the Land Use element of the City of San Jacinto General Plan ("Amendment") initiated and prepared by Shelbran Investments proposes to re-designate 13 acres of real property located at the southwest corner of Ramona Expressway and Cawston Avenue, commonly described as Assessor Parcel Number 430-100-017, (the "Subject Site") as Community Commercial (CC); and WHEREAS, the Subject Site is currently designated under the Land Use Element of the City of San Jacinto General Plan as Gateway Area Specific Plan (SP-G) Overlay; and WHEREAS, the proposed Amendment implements the overall policies and goals of the General Plan and leaves the General Plan internally consistent because the proposed commercial land use designation for the Subject Site is compatible with the proposed development of that portion of the Gateway Area, as such area is designated in the General Plan; and WHEREAS, the proposed Amendment was sent to affected public entities for their review and comment; and 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 April 23, 2009, the Planning Commission of the City of San Jacinto conducted a duly noticed public hearing on the Amendment at which time all persons wishing to testify in connection with the Amendment were heard and the Amendment was fully studied, and recommended to the City Council for approval; and WHEREAS, on May 21, 2009, the City Council of the City of San Jacinto ("City Council") conducted a duly noticed public hearing on the Amendment at which time all persons wishing to testify in connection with the Amendment were heard and the Amendment was fully studied; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO: SECTION 1. Based on the entire record before the City Council, all written and oral evidence presented, and the findings made in this Resolution, the City Council approves the Amendment to the General Plan as set forth in the attached Exhibit "A" graphic. SECTION 2. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds that the Amendment promotes the goals and objectives of the General Plan and leaves the General Plan a compatible, integrated, and internally consistent statement of policies for the following reasons: The Amendment is integrated and compatible with the Land Use Element in that it provides an appropriate orientation and relationship between land uses within and adjacent to the Subject Site, and promotes orderly development beyond the Subject Site boundaries, because the commercial land use is compatible within the Gateway Area, as designated in the General Plan. B. The Amendment is integrated and compatible with the Circulation Element in that the distribution of uses within the Subject Site will generate traffic, which is anticipated and provided for in the Circulation Element because the site is bounded by Ramona Expressway and Cawston Avenue. The Amendment is integrated and compatible with the Housing Element because residential housing was not anticipated on the project site so the current housing element will not be impacted nor will the Housing Element update. The Amendment is integrated and compatible with the Conservation Element in that the future commercial development will use water-efficient landscaping and hardscape to reduce the need for water. 3 E. The Amendment is integrated and compatible with the Open Space Element in that the project would not increase the need for additional parks. The Amendment is integrated and compatible with the Noise Element in that it provides a pattern of land uses that reduces the exposure of community residents to excessive noise, because the proposal utilizes existing and proposed streets. G. The Amendment is integrated and compatible with the Safety Element in that it provides an appropriate land use distribution and orientation which protects the community from unreasonable risks associated with seismic, geologic, flood, and wildfire hazards because the site is not located in a high fire hazard area or seismic zone, and is subject to special building standards for the floodplain of the San Jacinto River in which the site is located. SECTION 3. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds the Amendment complies with CEQA for the following reasons: Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project or mitigation measures incorporated into the conditions of approval for the project would avoid the effects and no significant effects would occur; therefore, a MITIGATED NEGATIVE DECLARATION has been prepared. City Staff is directed to file a Notice of Determination within 5 days of this project approval. SECTION 4. The location and custodian of the documents and any other material which constitute the record of proceedings upon which the City Council based its decision is as follows: Planning Director, City of San Jacinto Planning Department, 595 S. San Jacinto Avenue, San Jacinto, CA 92583. (951) 487- 7330. SECTION 5. Effective Date. This Resolution shall become effective upon its adoption. 4 PASSED, APPROVED AND ADOPTED, this 21st day of May, 2009. Ayes Nays Absent: Abstain City of San Jacinto City Council Dale Stubblefield, Mayor ATTEST: Barry McClellan, City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF SAN JACINTO CERTIFICATION I, Barry McClellan, City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. was duly passed and adopted at a regular meeting of the City Council on the 21st day of May, 2009. WITNESS MY HAND AND OFFICIAL SEAL this of , 2009. Barry McClellan, City Clerk 5 \ EXHIBIT A SHELBRAN INVESTMENTS General Plan Amendment No. 03-OS no yea. Prot agen rIJAA pn,.,1 re• Ithri ACI Vr0 t.rtra - 1". 74,1, WV: cicr,w1 0,"7.77,1,0V RIVERSIDE Val '411,4"4:474r rel,rerr r • . r --4,44, 1161Poldadoe.4.,4. CITY D; SAN JAiiCINTO STATE OF CALIFORNIA) ORDINANCE NO: 09-17 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING A CHANGE OF ZONE FROM LIGHT MANUFACTURING (M-1) TO GENERAL COMMERCIAL (C-2) ON 13 ACRES AT THE SOUTHWEST CORNER OF RAMONA EXPRESSWAY AND CAWSTON AVENUE, ASSESSOR PARCEL NUMBER 430-100-017, IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE: FILE NO CZ 6-08. THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On April 23, 2009, the Planning Commission conducted a public hearing and recommended approval of a proposal to Change the Zone from Light Manufacturing (M-1) to General Commercial (C-2), as shown on Exhibit "A" attached hereto and incorporated herein. Section 2. On May 21, 2009, the City Council conducted a public hearing and approved the Change of Zone for the subject site, as shown on Exhibit "A" attached hereto and incorporated herein. Section 3. That the official Zoning Map of the City Council is hereby amended by adding thereto Change of Zone 6-08 as herein set forth. Section 4. That the official Zoning Ordinance 340, of the City Council is hereby amended by adding thereto Change of Zone 6-08 as set forth herein. Section 5. That the zoning of the property in the City of San Jacinto, as shown on Exhibit "A" attached hereto and incorporated herein, is hereby established as General Commercial (C-2). Section 6. The City Clerk shall certify the adoption of this ordinance and cause the same to be published in a newspaper of general circulation printed and published in the County of Riverside, State of California. Introduced at a regular meeting of said City Council on the 21st day of May, 2009. MOVED, PASSED, AND ADOPTED at a regular meeting of the City Council on the 4th day of June, 2009 by the following vote. Ayes: Nays: Absent: Abstain: City of San Jacinto by Dale Stubblefield, Mayor ATTEST: Barry McClellan, City Clerk CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) I, Barry McClellan, hereby certify that the foregoing is a true copy of Ordinance No. 09-17 duly adopted by the City Council of City of San Jacinto, California at a regular meeting thereof held the 4th day of June, 2009. WITNESS my hand and official seal of the City of San Jacinto this day of 2009. Barry McClellan, City Clerk Exhibit "A" Change of Zone 6-08 From M-1(Light Industrial) to C-2 (General Commercial) CITY OF SAN JACINTO Community Development Department A STATE OF CALIFORNIA) RESOLUTION NO. COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 15-08 FOR AN 88,233 SQUARE FOOT 3-STORY HOTEL, 10,140 SQUARE FOOT RESTAURANT AND 31,500 SQUARE FEET OF RETAIL SPACE IN FOUR BUILDINGS WITH ALCOHOL CONSUMPTION LIKELY TO OCCUR IN BOTH THE RESTAURANT AND HOTEL ON A 13-ACRE SITE LOCATED ON THE SOUTHWEST CORNER OF RAMONA EXPRESSWAY AND CAWSTON AVENUE (APN 430-100-017): CUP NO. 15-08. WHEREAS, Shelbran Investments filed an application on October 27, 2008 for Conditional Use Permit 15-08 (the "CUP Application") to approve an 88,233 square foot 3-story hotel, 10,140 square foot restaurant and 31,500 square feet of retail space in four buildings with alcohol consumption likely to occur in both the restaurant and hotel on a 13- acre site, APN 430-100-017 ("Subject Site"); WHEREAS, an application has been submitted to the City of San Jacinto (the "City") to change the zoning designation for the Subject Site from the Light Manufacturing (M-1) to the General Commercial (C-2) zoning designation (the "Zone Change Application"); WHEREAS, an application has been submitted to the City to amend the City's General Plan Land Use designation of the Subject Site from Gateway Area Specific Plan (SP-G) Overlay to the Community Commercial (CC) designation (the "Land Use Amendment"); WHEREAS, the CUP Application was reviewed, studied, and found to comply with the California Environmental Quality Act ("CEQA") provided that a Mitigated Negative Declaration is adopted by the City Council of the City ("City Council") as more fully described below; WHEREAS, on April 23, 2009, the Planning Commission conducted a duly noticed public hearing on the CUP Application at which time all persons wishing to testify in connection with the CUP Application were heard and the CUP Application was comprehensively reviewed, and recommended to the City Council for approval; and WHEREAS, on May 21, 2009, the City Council of the City of San Jacinto ("City Council") conducted a duly noticed public hearing on the CUP Application at which time all persons wishing to testify in connection with the Application were heard and the Application was fully studied; 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 hereby approves Conditional Use Permit No 15-08 to allow the construction of the above-referenced commercial project on the Subject Site, subject to the conditions of approval attached to this Resolution. The foregoing recommendation is subject to adoption by the City Council of the Zone Change Application and the Land Use Amendment. SECTION 2. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, including the staff report, the City Council finds as follows: A. The proposed location of the conditional use is in accord with the objectives of Article 17 of Ordinance 340 and the purposes of the proposed zoning designation of the Subject Site. The Subject Site is proposed to be re-zoned C-2 (General Commercial) pursuant to the Zone Change Application. The commercial project proposed by the CUP Application would be located adjacent to properties zoned for commercial and business uses in the 0-2 (General Commercial) and M-1 (Light Manufacturing) zones. Therefore, the proposed use is consistent with the goals and objectives of the C-2 zoning district. 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 proposed zone classification for the Subject Site and the proposed land use element designation of the General Plan, which is proposed as the Community Commercial General Plan land use designation pursuant to the proposed Land Use Amendment. Further, the CUP Application has been reviewed by City and Riverside County agencies and has been conditioned accordingly. Follow up inspections by the City 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, as proposed to be amended, by providing additional retail/commercial and hotel/lodging 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. 2 D. For conditional use permits that include on-sale and/or off-sale alcoholic beverages, the City Council makes the following additional findings: a. That the proposed use will not be detrimental to surrounding properties and neighborhoods including, but not limited to, assuring the use does not contribute to loitering, public drunkenness, noise, obstructing pedestrian and vehicular traffic, parking, crime, interference with pedestrian corridors used by children, defacement and damage to structures. b. The proposed use will not lessen or impact the suitability of adjacent commercially zoned properties for commercial uses. C. The proposed use will not adversely affect the welfare of residents in the area or result in an undue concentration in the neighborhood of establishments dispensing alcoholic beverages, including beer and wine. For purposes of this subsection, "undue concentration" shall be defined as provided in California Business and Profession Code 23958.4 d. Notwithstanding subsection (c) above, the City Council may grant a conditional use permit despite an undue concentration of establishments dispensing alcoholic beverages, as defined in California Business & Profession Code 23958.4, if the public convenience and necessity would be served by the issuance of the conditional use permit and the use otherwise meets the findings of this section. e. The City Council may establish such other conditions it deems necessary to carry out the hours of operation, including but not limited to requiring adequate security and safety measures, lighting, parking and noise buffers. SECTION 3. Based on the entire record before the City Council and all written and oral evidence presented, including the staff report, the City Council 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 City Council and all written and oral evidence presented, the City Council finds the CUP complies with CEQA for the following reason: Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project or mitigation measures incorporated into the conditions of approval for the project would avoid the effects and no significant effects would occur; therefore, A MITIGATED NEGATIVE DECLARATION has 3 been prepared for adoption by the City Council. City Staff is directed to file a Notice of Determination within 5 days of this project approval. SECTION 5. Effective Date. This Resolution shall become effective on the date on which it is approved by the City Council. PASSED, APPROVED AND ADOPTED, this 21st day of May, 2009. Ayes Nays Absent: Abstain City of San Jacinto City Council Dale Stubblefield, Mayor ATTEST: Barry McClellan, City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF SAN JACINTO CERTIFICATION I, Barry McClellan, City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. was duly passed and adopted at a regular meeting of the City Council on the 21st day of May, 2009. WITNESS MY HAND AND OFFICIAL SEAL this of , 2009. Barry McClellan, City Clerk 4 Naafi • , e Nom ALIEN VA. TYPICAL STREET SECTION RAMONA EXPRESSWAY NOT TO 21117 TYPICAL STREET SECTION CAWSION AVENUE 1.0 SC. 0.17 / AP/11004r .31am. smsnueel uurom. rwarane. 0)Irr040/PROf 0010 IISC 92.1.117X2.11.1.. 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NO. 15-08 GATEWAY GORPORAIE GEWER SITr PI BY: .42.1.14 ELAINEA.WOMER CIIILEVCMIERNO 110.ew 1W, COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT 3-08, CHANGE OF ZONE 6-08 AND CONDITIONAL USE PERMIT 15-08 Date of Preparation: April 17, 2009 Applicant: She!bran Investments Location: SWC Cawston and Ramona Expressway General Conditions 1. This proposal to develop 13 acres of a 43.7 acre parcel with an 88,233 square foot 3-story hotel, a 10,140 square foot restaurant, and 31,500 square feet of commercial/office space in four buildings, CUP 15-08, shall comply with the development standards for the General Commercial (0-2) zoning district. 2. The effective date of issuance of this Conditional Use Permit approval is , 30-days after the second reading of the Change of Zone Ordinance. The Conditional Use Permit will lapse if the improvements have not commenced within two (2) years from the date upon which the permit was granted approval. In addition to these Planning conditions of approval, this project is also subject to the conditions of the City Engineer dated April 10, 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. 4. 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. Page 1 of 10 5. All landscaped and revegetated areas shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. Any graded areas that remain undeveloped shall be maintained to prevent wind and water erosion. 6. Trash receptacles enclosed within a decorative masonry wall enclosure, pedestrian entrance, solid view obstructing gates, and solid trellis roof are required and shall be permanently maintained to City standards. 7. The developer or the developer's successor-in-interest shall be responsible for maintaining any undeveloped portion of the site, including weed abatement. 8. All existing and new utilities adjacent to and on site shall be located underground as per City of San Jacinto Municipal Code Section 15.32. 9. In addition to the meandering sidewalk along the Ramona Expressway a Class 1 bikeway shall be constructed within the Ramona Expressway right-of-way to the satisfaction of the City Engineer. 10. Grading and public improvements shall be installed in accordance with city standards and specifications. 11. Parking facilities for vehicles and bicycles shall be provided and maintained in accordance with City Ordinance Sections 15.03 and 15.02 (E). 12. Handicapped parking spaces shall be provided and maintained in accordance with state law. 13. The parking areas shall be surfaced with Portland-Cement Concrete paving to a minimum 4-inch thickness over native soil compacted to 95% compaction or asphalt concrete with 21/2 inch thickness over 4 inches of Class II aggregate base compacted to 95% relative compaction, or as approved by the City Engineer. 14. 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. All construction equipment shall be mufflered and/or surrounded by noise attenuating barriers. 15. A license shall be issued by the California Department of Alcohol Beverage Control for those uses wishing to serve alcohol. 16. The center shall have lighting to provide illumination for security and safety of parking and access areas. Page 2 of 10 17. The premise shall be posted to indicate that it is unlawful for any person to drink or consume any alcoholic beverage in any public place or posted premises. 18. The business shall be operated in such a manner that sound emitting from the premises shall not be audible beyond the boundaries on which it is located or from penetrating into adjoining lease spaces. 19. All mitigation measures identified in the environmental review for this project in the attached Mitigation Monitoring and Reporting Program are included by reference in these Conditions of Approval. State Fish and Game Fee 20. Upon City Council, Planning Commission, or Staff approval, the applicant shall submit a check to the City, payable to Riverside County, in the amount of $2,057.00, for payment of State Fish and Game fees and County documentary handling fee in conjunction with the filing of a Notice of Determination. In accordance with Section 711.4 of the State Fish and Game Code, no project shall be operative, vested, or final until the filing fees have been paid. Prior to issuance of a Grading Permit 21. Focused surveys for the burrowing owl shall be conducted. If found to exist on-site, the developer shall comply with all California Department of Fish and Game regulations regarding mitigation. 22. The developer shall comply with the following requirements to the satisfaction of the Building & Safety Division: A. The site shall be watered on an on-going basis to control dust during construction and grading. There shall be regular street sweeping and clean up of adjacent streets to minimize the amount of dust put into the air from motor vehicle travel. C. Mud and dirt shall be removed from construction equipment and vehicles prior to leaving the site to ensure they do not spread dirt into the street. D. An energy conservation plan showing compliance with Title 24 (Building Standards) of the California Administrative Code shall also be provided. Page 3 of 10 23. A geotechnical engineering report shall be submitted to the City Engineer prior to issuance of a grading permit, and all requirements identified in the report shall be met. 24. To mitigate the potential impacts to geology and soils, a preliminary soils report must be prepared by a California licensed geotechnical engineer or civil engineer skilled in soils/foundation investigations and shall be submitted for review by the Building & Safety Department prior to the issuance of grading or building permits. All requirements identified in the report shall be met. 25. Prior to the issuance of a grading permit, the developer shall enter a Treatment and Disposition Agreement (TDA) with the Soboba Band of Luiseno Indians to address treatment and disposition of archaeological/cultural resources and human remains associated with Soboba Band of Luiseno Indians that may be uncovered or otherwise discovered during construction of the project. The TDA may establish provisions for tribal monitors. Following execution of the TDA by the developer and Soboba Band of Luiseno Indians, the TDA will be incorporated by reference into the grading permit. 26. If an archeological/cultural assessment demonstrates the potential for archeological/cultural resources to occur on the project site, tribal monitors, including the Soboba Band of Luiseno Indians may be allowed to monitor all grading, excavation, ground-disturbing activities, including further survey. Following the agreement of the developer, the designated archeologist, tribal monitor, and any applicable responsible or trustee agencies, grading, excavation, ground-disturbing activities shall be stopped temporarily and redirected in the event any archeological/cultural resources are discovered in order to evaluate the significance of any archeological/cultural resource discovered on the property. 27. If paleontological resources are encountered during grading, ground disturbance activities shall cease so a qualified paleontological monitor can evaluate any paleontological resources exposed during the grading activity. If paleontological resources are encountered, adequate funding shall be provided to collect, curate and report on these resources to ensure the values inherent in the resources are adequately characterized and preserved. Collected specimens will be sent to the appropriate authorities for collection. 28. If human remains are encountered on the property, then the Riverside County Coroner'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 Page 4 of 10 and the Soboba Band of Luiseno Indians shall be notified and appropriate measures provided by State law shall be implemented. 29. The developer shall design a local drainage system to direct drainage to the City's Regional Flood Control Channels per the requirements of the City Engineer. 30. Prior to issuance of grading permits the applicant shall prepare a Stormwater Pollution Prevention Plan (SWPPP) and obtain a Notice of Intent (N01) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City for coverage under the national Pollutant Discharge Elimination System General Construction Permit. 31. Prior to issuance of grading permits the applicant shall submit to the City Engineer for approval, a final Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The final Water Quality Management Plan shall identify the structural and non-structural measures consistent with the City's adopted requirements. 32. Prior to issuance of a grading permit, if sewer service and connections are unavailable septic systems may be allowed pursuant to the following conditions: Soil percolation reports for private sewage disposal systems shall be approved by the Riverside County Health Department. An approved report shall be submitted to the City of San Jacinto Planning Department. B. Written clearance for waste discharge shall be obtained from the designated California Regional Water Quality Control Board (listed below) and a copy forwarded to the City of San Jacinto Planning Department. California Regional Water Quality Control Board Santa Ana Region, 3737 Main Street, Ste. 500 Riverside, CA 92501-3348 (Phone: 951-782-4130) Page 5 of 10 33. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved site plan and grading plan. 34. Prior to issuance of a grading or building permit the applicant shall be required to submit a construction site safety plan to be approved by the police department providing adequate security measures such as lights, video cameras, vehicle transponders, locks, alarms, trained security personnel, fencing etc. The nature of the measures will depend on the specific requirements of the site, and may vary with the different stages of construction. The developer shall be responsible for the compliance of all sub-contractors working on the site. 35. Grading permits shall not be issued for any areas to be graded and remain undeveloped until a revegetation plan is submitted to the Planning Department for review and approval by the City Landscape Architect. The applicant/developer shall maintain such areas to prevent wind and water erosion. 36. Prior to any land disturbance or issuance of a grading permit, any plans shall be submitted for the review and approval of the Metropolitan Water District of Southern California (MWD) in order to protect the adjacent Colorado River Aqueduct/Casa Loma Siphon immediately south of the project site. The MWD letter dated February 24, 2009 (attached) is included by reference as a condition of approval. Prior to issuance of Grading Permits, Building Permits, or Certificates of Occupancy: 37. Per City Ordinance No. 09-09, 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 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 Page 6 of 10 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. Prior to issuance of a Building Permit 38. 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. 39. Prior to issuance of a building permit, detailed architectural elevations, roof and floor plans shall be reviewed and approved by the Planning Commission. 40. Prior to issuance of any building permits for signs, a Master Sign Program for the project site shall be submitted and approved by the Planning Department. All signage shall be consistent with the approved Master Sign Program and in conformance with the sign ordinance, and shall require a separate application approval by the Planning Department prior to installation. 41. Prior to issuance of a building permit, a detailed landscape and irrigation plan shall be prepared by a licensed landscape architect and submitted to the Planning Department for review and approval by the City Landscape Architect. The plan shall be consistent with the City Landscape Design Guidelines, and shall include a revegetation plan for any graded areas that will remain undeveloped. 42. Prior to issuance of a building permit, plans for trash enclosures shall be submitted and approved by the Planning Department. Pursuant to City standards, trash receptacles shall be enclosed by a six (6) foot high solid decorative masonry wall with solid view-obstructing gates, a solid trellis roof, and a pedestrian entrance. Enclosures shall be screened by five (5) Page 7 of 10 gallon shrubs planted four (4) feet on center. 43. Prior to issuance of a building permit, a security lighting plan shall be submitted and approved by the Planning Department. Outdoor lighting shall maintain a minimum of one foot candle of illumination for all parking and pedestrian areas and shall not exceed one-half foot candle along property lines of the shopping center site. The plan must include details such as beam spreads and/or photometric calculations, location and type of fixtures, and arrangement of exterior lighting that does not create glare or hazardous interference to adjacent streets or properties. All lighting within the parking lot area shall be a shoe box-type design that directs the light beam downward and not outward. 44. Any proposed roof-mounted equipment shall be completely screened so as not to be visible from any street or private property adjacent to the project. The screening shall be an integral part of the building; details shall be provided to the Planning Department for review and approval prior to issuance of building permits. Any proposed change shall be reviewed and approved by the Planning Department. 45. Prior to issuance of building permits the applicant or successor in interest shall join the appropriate district and/or pay, any required development fees to provide essential fire and police services. 46. Prior to issuance of building permits all applicable school fees shall be paid in accordance with State law. 47. The project site shall be annexed into City of San Jacinto Lighting Landscape and Park District #2. 48. The City has adopted Traffic Signal Mitigation fees and the Transportation Uniform Mitigation Fee (TUMF) program; this project shall be subject to the payment of these fees prior to the issuance of building permits unless exempted by the ordinance establishing the TUMF 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. 49. 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. 50. A bicycle parking rack shall be provided near the entry of all buildings in the shopping center to the maximum extent feasible. Prior to issuance of Page 8 of 10 a building permit, the building plans shall include a bicycle parking plan for the review and approval of the Planning Department that indicates bicycle rack locations throughout the shopping center equivalent to approximately 10% of the total required automobile parking. 51. A Class I bikeway is required within the Ramona Expressway right-of-way per the City General Plan Circulation Element. The design for the bikeway shall be included in the building plans for Planning Department and City Engineer review and approval. 52. The applicant shall consider incorporating the following design elements in the building(s) and site design: 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 CEO 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 Environmental Design (LEED) or similar "green" design and certification to improve the quality of the building(s), reduce operating costs, and help to create a sustainable community (information available at the LEED website, www.leedbuildino.orq). E. Participation in water conservation, reclaimed water use and ground water recharge programs shall be encouraged. The use of water efficient fixtures, drought-tolerant landscaping and reclaimed water to offset any increase in water use associated with the project is also encouraged. Prior to issuance of Occupancy Permits 53. Prior to occupancy, the landscape architect responsible for the design of the landscaping plan shall certify in writing to the City that installed landscaping meets the specifications of the approved landscape plan. The installed landscaping and irrigation shall be approved by the City Landscape Architect. Any graded areas that remain undeveloped (i.e. future phases of a project) shall be planted per the approved revegetation plan. Page 9 of 10 54. Prior to occupancy, the contractor responsible for the installation of the parking lot lighting shall certify in writing to the City that the installed lighting meets the specifications of the approved parking lot lighting plan and that lighting does not exceed one-half foot candle along all property lines. Conditions of Approval — CUP 15-08 Building and Safety Department General Conditions All required Fire Department vehicle access roads shall maintained in a passable condition at all times for emergency Fire Department use. Gates or other obstructions shall be approved by the Fire Department prior to construction. 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. 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 where structures are to be built shall have approved Fire Department access roads (curb, gutter and all-weather surface), for 60,000 lbs GVW/traffic index of AC thickness of 0.25 feet, provided prior to construction. Prior to Occupancy 6. Prior to Certificates of Occupancy, specific address for each building shall be provided, shall be contrasting color and background. Page 10 of 10 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Executive Office MWD Colorado River Aqueduct/ Casa Loma Siphon Sta. 10964+00 to 10971+00 Substr. Job No. 2001-08-021 February 24, 2009 Mr. David Clayton Information Planner Community Development Department City of San Jacinto 595 South San Jacinto Avenue San Jacinto, CA 92583 Dear Mr. Clayton: Ramona Expressway and Cawston Avenue — Proposed Development Thank you for your Project Review Committee transmittal dated January 7, 2009, regarding revised Conditional Use Permit 15-08 and Change of Zone 6-08, and submitting prints of Sheets 1 through 3 of 3 of the revised site plans, the General Plan Amendment Plat (one sheet), and the Zone Change Plat (one sheet), for the proposed Shelbran Investments development located south of Ramona Expressway, in the city of San Jacinto. We have reviewed the submitted plans, and our comments and requirements are as follows: 700 N. Alameda Street, Los Angeles, California 90012 • Mailing Address: Box 54153, Los Angeles, California 90054-0153 • Telephone (213) 217-6000 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Mr. David Clayton Page 2 February 24, 2009 1. The locations of our 12-foot-4-inch-inside-diameter Colorado River Aqueduct/ Casa Loma Siphon and fee property right-of-way, as shown on Sheets 1 through 3 of the submitted plans, are generally in agreement with our records. 2. The addition of approximately 5 feet of fill for the extension of Cawston Avenue across the Casa Loma Siphon, as shown on Sheet 2 of 3 of the revised site plans, is not acceptable as proposed. This pipeline was designed for the existing cover and has a maximum vehicle weight restriction of 8000 pounds. To facilitate the proposed grade for the extension of Cawston Avenue, the developer must provide a permanent cast-in-place concrete protective slab configured in accordance with Sketch SK-1, copy enclosed. The protective slab design must be stamped and signed by a California registered civil or structural engineer. The design must be in accordance with applicable codes and standards and capable of transferring all loads away from our pipeline. Accepted methods of analysis and an impact factor of 1.5 must be used. The design is subject to Metropolitan's review and acceptance. 3. Due to the proposed addition of 5 feet of cover over our pipeline, a settlement analysis of our pipeline will be required. A site-specific geotechnical report showing the predicted settlement of the siphon at 10-foot intervals along with the method of settlement analysis, laboratory testing results, and any other supporting documents must be submitted. The three-dimensional configuration of the proposed grading and in-situ soils in terms of the actual size and varying depth of the fill, alluvium, etc. and depth of bedrock and ground water elevation must be collectively considered when determining the settlement along the align- ment. The settlement calculation must be carried out at least 10 feet past the point of zero settlement in each direction. The possible settlement due to soil collapse (hydro-consolidation) must also be included in the geotechnical report. Any grading that could result in significant settlement of the pipeline will not be acceptable. 4. The proposed plan, which includes raising the grade of the development area several feet above the current grades, will alter the current drainage conditions THE METROPOLITAN WATER DISTRICT OF SOLITRERN CALIFORNIA Mr. David Clayton Page 3 February 24, 2009 in this area and potentially have a negative impact on our property, which would not be acceptable. We require that a detailed hydrology study be submitted to Metropolitan so that we can review the impacts of the proposed development on our right-of-way. 5. The procedures and specifications of construction equipment to be used for the removal and placement of soil in proximity to Metropolitan's conduit must be submitted to Metropolitan for review and approval a minimum of 30 days prior to starting work in the vicinity of Metropolitan's conduit. The submittal must include the equipment and procedures to be used for the placement and compac- tion of soil over and adjacent to Metropolitan's conduit. Metropolitan will not permit procedures that could subject the conduit to excessive vehicle, impact or vibratory loads. The procedures for the removal and placement of soil over the conduit must be such that excessive unbalanced loads are not imposed on the conduit. No vibratory compaction equipment in vibratory mode may be used within 25 feet of the centerline of the siphon conduit. 6. When there is a. minimum cover of 3 feet, vehicles that weigh no more than 8000 pounds may operate over or within 25 feet of the centerline of the siphon. When the cover is less than 2 feet, only hand equipment may be used. 7. The use of driven piles within 20 feet of the centerline of Metropolitan's pipeline will not be permitted. 8. According to our records, there are no reserved rights for the construction of a road over our fee property at the proposed Cawston Avenue crossing location. We request that any information that indicates that there are existing street rights be submitted to Metropolitan. If no rights exist, we require that a formal request for a public road easement be made in writing and submitted to Metropolitan for our review and consideration. Very truly yours, THE METROPOLITAN WATER DISTRICT Of SOUTHERN CALIFORNIA Mr. David Clayton Page 4 February 24, 2009 9. We also request that a stipulation be added to the project plans and specifications to notify Daniel Dixon or Michael Vega of our Water System Operations Group, telephone (951) 926-7002, at least two working days prior to starting any work in the vicinity of our facilities. We are returning prints of Sheets 1 through 3 of 3 of the site plan and of the Zone Change Plat, stamped "REVIEWED — CORRECTIONS NOTED --- RESUBMITTAL REQUIRED." For any further correspondence with Metropolitan relating to this project, please make reference to the Substructures Job Number shown in the upper right-hand corner of this letter. Should you require any additional information, please contact Joe Beaty at (213) 217-7807. Kieran M. Callanan, P.E. Manager, Substructures Team CJB/ly Doc 2001-08-021 Enclosures (4) MEMORANDUM TO: Asher Hartel, Planning Director FROM: Habib Motlagh, City Engineer DATE: April 10, 2009 SUBJECT: CUP 15-08 and Change of Zone 6-08, SW Corner of Cawston & Ramona Expressway With respect to the Conditions of Approval for the above referenced project, the City of San Jacinto requires that the land divider provide the following street improvements and/or road dedication in accordance with the City of San Jacinto Municipal Code Title 18. It is understood that the tract map correctly shows all existing and proposed easements, traveled ways, rights-of-way, and drainage courses with appropriate Q's and that their omission may require the map to be resubmitted for further consideration. These Ordinances and the following conditions are essential parts and requirement occurring in ONE is as binding as though occurring in all. They are intended to be complimentary and to describe the conditions for a complete design of the improvements. Unless otherwise noted, all offsite improvements as conditioned shall be installed prior to issuance of any occupancy permits. All questions regarding the true meaning of the conditions shall be referred to the City Engineer's office. 1. Drainage and flood control facilities and improvements shall be provided in accordance with Riverside County Flood Control and Water Conservation District, and the City of San Jacinto requirement and the following: a. This project is located within the limits of the San Jacinto Area Drainage Plan for which drainage have been adopted by the City. The developer and owners of this project shall be responsible for continuance maintenance of all site improvements. Offsite drainage facilities, nuisance drainage pipe (minimum 18"), catch basins, and landscaping and offsite street lighting and drainage improvements shall be maintained by annexing to the Landscaping and Lighting District No. 2, prior issuance of occupancy permit. City Engineer's Office 595 S San Jacinto Ave • San Jacinto, CA 92583 • Ph (951) 654-3592 • Fax (951) 654-3672 vvww.ci.san-jacinto.ca.us b. Ordinance 09-09 as outlined below is amended to require compliance of this CUP with all terms and conditions of ordinance prior to issuance of grading permit, the ordinance reads: "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 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 stoim 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 fmancing 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." 2. The developer shall provide water and sewer services to each lot in accordance with the requirements of the appropriate utility purveyor. This project is within the EMWD's water and City sewer service area. Water and sewer improvements shall be installed per EMWD Standards. Extension of water and sewer lines beyond the project limits shall be in a manner that is consistent with EMWD master plans. The design of any new water or sewer lines along the Ramona Expressway shall be in a manner to limit traffic interruption during construction, as approved by the City Engineer. City Engineer's Office 595 S San Jacinto Ave • San Jacinto, CA 92583 • Ph (951) 654-3592 • Fax (951) 654-3672 www.ci.san-jacinto.ca.us 3. Additional on and off-site fire hydrants shall be installed as determined by the fire department. 4. Prior to issuance of any grading permit, the developer shall comply with NPDES and S.W.P.P.P. requirements, prepare final WQMP, and NOT must be submitted to Water Quality Board for review and approval. Additionally, grading, street, water, sewer, signing, hydrology, and drainage improvement plans shall be submitted as a package and reviewed concurrently. No grading permit shall be issue until City Engineer finds the plans in compliance with Conditions of Approval and City Ordinances. 5. Minimum 6' wide concrete sidewalk along Ramona Expressway and Cawston Ave and handicap ramps shall be constructed. Construction of sidewalk adjacent to driveways shall be in a manner to accommodate ADA Standards. Driveways shall be installed pursuant to Riverside County Standard 207A. Sidewalk along Ramona Expressway shall be meandering as approved by Planning Department. Per the City's General Plan, a Class I Bikeway is required within the Ramona Expressway right of way. 6. The street, grading, striping, water, sewer, signal and drainage improvement plans in addition to hydrological calculations and other supporting documents shall be submitted to the City for review and approval. The improvement shall be installed pursuant to Riverside County Transportation, Riverside County Flood Control, and California Department of Transportation, and Eastern Municipal Water District Standards. This project shall coordinate all offsite improvements with any adjacent proposed projects. 7. Marbelite street lights as determined by the City Engineer shall be installed along all streets per SCE and Riverside County Standards. 8. Existing power poles adjacent to this development shall be underground or relocated as appropriate per City and SCE regulations and requirements. 9. Prior to issuance of any occupancy permit, the Developer shall install a traffic signal at Ramona Expressway and Cawston Ave. The signal shall be placed at its ultimate location (all four corners). 10. The grading and construction of this project shall be done in a manner to perpetuate existing drainage patterns. Any deviation, increase or concentration of runoff requires drainage easements from affected property owners. Diversion of runoff from this project to Metropolitan Water District right of way is expressly prohibited. Onsite drainage features to provide discharge of onsite flow in rate and volume matching current conditions will be required. 11. The proposed project is within the mapped floodplain for the San Jacinto River. Prior to issuance of any building permits, a CLOMR shall be obtained City Engineer's Office 595 S San Jacinto Ave • San Jacinto, CA 92583 • Ph (951) 654-3592 • Fax (951) 654-3672 vv-ww.ci.san-jacinto.ca.us from FEMA. Prior to issuance of any occupancy permits, a LOMR shall be obtained from FEMA for the project. 12. Any mass grading or stockpile of fill prior to issuance of the grading permit shall require that the developer enter into an appropriate development agreement. This agreement must be approved by the City Council prior to the start of stockpile activities. 13. Off-site drainage from adjacent properties shall be accepted on site and conveyed to adequate outlet. Blockage of offsite flows requires approval from affected property owners. All upstream watersheds shall be analyzed to demonstrate the project impact on floodplain conditions. 14. Off-site drainage coming across the frontage of the development along the Ramona Expressway shall be conveyed across the project's frontage to an acceptable downstream outlet. This drainage flow shall be conveyed in a properly sized underground storm drain pipe (RCP), unless otherwise approved by the City Engineer. 15. The onsite flood control improvements shall be privately owned and maintained, and shall be designed pursuant to RCFC standards and City of San Jacinto Landscape Design Guidelines. Any drainage outlet onto downstream properties shall be in a manner consistent with pre developed conditions. As determined by the City Engineer, downstream improvements may be necessary at such drainage outlets to provide adequate protection. The preliminary WQMP proposes use of underground infiltration features for both water quality and flood control purposes. City consideration of such facilities requires an appropriate study prepared by a geotechnical engineer analyzing the soil and groundwater conditions, and recommending their use. If deemed necessary, the City may also require that a test installation of such an underground facility be made onsite for demonstration of its functionality. 16. Cawston Avenue along the frontage of this site shall be fully constructed, including paved roadway, curb & gutter 32' from centerline (both sides), sidewalk (west side only) within 100' dedicated right of way. 17. The on and offsite circulation for emergency vehicles services shall be reviewed and approved by fire department. If not accepted as shown on the site plan, construction of Cawston Avenue from southerly property line to Ramona Blvd. and extension of Ramona Blvd to Warren Rd. or Sanderson Ave. with minimum of 30' paving will be required. a. Ramona Expressway along the project boundary (south side) shall be improved with minimum of 69' of new paving and curb and gutter located on the south side and 14' wide landscape median within 105' 1/2 width dedicated right of way, including 25' landscape setback consistent with City Engineer's Office 595 S San Jacinto Ave • San Jacinto, CA 92583 • Ph (951) 654-3592 • Fax (951) 654-3672 www.ci.san-jacinto.ca.us the City landscape design guidelines. The condition of existing pavement shall be reviewed by the City and if acceptable shall remain. Ramona Expressway widening shall include the following minimum improvements: a. Three east bound lanes. b. One dedicated right turn lane from Ramona Expressway to the project entry with adequate transition east of this driveway. c. Minimum of two west bound lanes and paved shoulder along northside. d. 14' wide landscaped median with adequate transition at intersection of Cawston Ave. 18. The driveway entrance along Ramona Expressway shall be right-in, right-out only with left turn movements restricted by the median. The northerly and southerly driveways along Cawston Avenue shall be right-in, right-out only with adequate median or other facilities installed to restrict movements. The central driveway along Cawston Avenue shall be a full access. 19. The following shall be submitted to the City for review and approval prior to issuance of any permit: • Street Improvement Plans. • Striping Plans Prepared by a Traffic Engineer • Water and Sewer Plans • Drainage Plans • Hydrology and hydraulic report • SWPPP ( for reference only) • Signal plans prepared by a Traffic Engineer • Onsite paving and grading plans • WQ1VIT 20. Bus turn outs shall be provided as determined by RTA and pursuant to Riverside County Standards as approved by City Engineer. City Engineer's Office 595 S San Jacinto Ave • San Jacinto, CA 92583 • Ph (951) 654-3592 • Fax (951) 654-3672 www.ci.san-jacinto.ca.us 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 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 • Penis 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 01-21-2009 David Clayton, Information Planner City of San Jacinto 248 E. Main Street San Jacinto, Ca. 92583 General Planning conditions. Gateway Corporate Center, CUP 15-08 With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with City of San Jacinto/Riverside County Ordinances and/or recognized fire protection standards: Fl. Final fire and life safety conditions will be addressed when the Fire Prevention Bureau reviews building plans. These conditions will be based on occupancy, use, California Building Code, California Fire Code, and other related codes which are in force at the time of building plan submittal. F2. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix B, Table B 105.1. The applicant/developer shall provide documentation to show that a water system exists, and is capable of delivering 4,000 GPM for 4 hour(s) duration at 20-PSI residual operating pressure. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. Specific requirements for the project will be determined at time of submittal. F3. Industrial, Commercial, Multi-family, Apartment, Condominium, Townhouse or Mobile Home Parks. A combination of on-site and off-site super fire hydrants (6" x 4' x 2 — 2 1/2") shall be located not less than 25 feet or more than 165 feet from any portion of the building as measured along approved emergency vehicular travel ways, and spaced no more than the required spacing per Appendix C, table C105.1 feet apart in any direction. The required fire flow shall be available from any adjacent fire hydrant(s) in the system. CFC Chapter 5, section 503.1.1 8.t. Appendix B, table — C 105.1 F4. Prior to issuance of Building Permits, the applicant/developer shall provide the Fire Prevention Bureau with an approved site plan for fire lanes and signage. CFC Chapter 5, section 503.3 F5. Prior to construction and issuance of building permits, all locations where structures are to be built shall have an approved fire department emergency vehicular access road (all weather surface) capable Df sustaining an imposed load of 60,000 lbs. Road shall be provided prior to construction, based on street standards approved by the public works director and the Fire Prevention Bureau. CFC Chapter 5, section 503.2.3 F6. Prior to construction and issuance of building permits, fire apparatus access roads shall have an unobstructed width of not less than 24 feet or as approved by the Fire Prevention Bureau and an unobstructed vertical clearance of not less than 15 feet. CFC Chapter 5, section 503.2.1 & RVC Fire Drdinance 787.3 F7. Prior to construction, all roads, driveways and private roads shall not exceed 15 percent grade. Add: Grade transitions shall not exceed Riverside County Fire Department apparatus maximum approach and departure angles as determined by the Fire Chief. RVC Fire Ordinance # 787.3 CFC Chapter 5, section 503.2.7 F8. If construction is phased, each phase shall provide an approved emergency vehicular access for fire protection prior to any building construction. CFC Chapter 5, section 501.4 F9. Prior to building construction, dead end roadways and streets which have not been completed shall have a turnaround capable of accommodating fire apparatus. CFC Chapter 5, section 503.2.5 F10. Prior to issuance of building permits, the applicant/developer shall participate in the Fire Impact Mitigation Program. Fee resolution as adopted by City Council. F11. Prior to issuance of permits, the applicant/developer shall furnish three (3) copies of the water system plans to the Fire Prevention Bureau for review. Plans shall be in accordance with Appendix B and Appendix C and section 508.1 of the CFC 2007: * Signed by a registered civil engineer or certified fire protection engineer. * Contain a Fire Prevention Bureau approval signature block. * Conform to hydrant type, location, spacing of new and existing hydrants, and a minimum fire flow required as determined by the Fire Prevention Bureau. * The post indicator valve and fire department connection shall be located to the front access side of buildings, fully visible and recognizable from the street or nearest point of fire department vehicle access, and within 200 feet of an approved fire hydrant, and within 50 of an approved roadway or driveway or otherwise approved by the Fire Chief. * Guard posts or other approved means may be required to protect fire department inlet connections from vehicular damage. RVC Fire Ordinance 787.3 section 912.2.1 * After the local water company signs the plans, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system, including fire hydrants shall be installed, and made serviceable prior to and during the time of construction, and accepted by the City of Beaumont Fire Prevention Bureau. CFC Chapter 5, 508, and the National Fire Protection Association 24 sec 1-4.1 * Existing fire hydrants on public streets are allowed to be available. Existing fire hydrants on adjacent properties shall not be considered available unless fire apparatus access roads extend between properties and easements are established to prevent obstruction of such roads. CFC, Appendix A, & B and NFPA 24 section1-4.1 F12. Prior to issuance of Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed on private streets, public streets, and driveways to identify fire hydrant °cations in accordance with City & RVC Fire Ordinance 787.3 specifications. F13. Prior to issuance of Certificate of Occupancy or building final, all residential dwellings shall display street numbers in a prominent location on the street side of the residence in such position that the numbers are easily visible to approaching emergency vehicles. The numerals shall be not less than four (4) inches in height, CFC Chapter 5, section 505.1 F14. Prior to Certificate of Occupancy or building final, all structures shall have fire retardant roofing materials (Class A 8i B roofs) as described in section 1504 of the CBC. F15. Prior to issuance of building permits, fuel modification plans "Hazardous Fire Area" shall be submitted to the Fire Prevention Bureau for review and approval for all open space areas adjacent to the Wildland vegetation interface. Any building constructed on lots created by this land division shall comply with the special construction provision. RVC Ordinance 787.3 F16. Prior to issuance of the building permit for development, independent paved access to the nearest paved road, maintained by the City shall be designed and constructed by the developer within the public right of way in accordance with City Standards. F17. Prior to construction, private/commercial driveways over 150 feet in length shall have a turn around as determined by the fire department capable of accommodating fire apparatus. Driveway grades up/down shall not exceed 15 percent. CFC Chapter 5, section 503.2.5 F18. The angle of approach and departure for any means of Fire Department access shall not exceed 1 foot drop in 20 feet, and the design limitations of the fire apparatus of the fire department shall be subject to approval by the AHJ. CFC Chapter 5, section 503.2.7 F19. Prior to issuance of Certificate of Occupancy or building final, all commercial buildings shall display street numbers in a prominent location on the street side and rear access locations. The numerals shall be a minimum of twelve (12) inches in height for buildings and (6) inches in height for suite identification on contrasting background. During construction of this project, the site address shall be clearly marked with a minimum of 24 inch numbers. Unobstructed lighting of the address (s) shall be by means approved by the Fire Prevention Bureau, and Police Department. In multiple suite centers (strip malls), business shall post the name of the business on the rear door (s). CFC Chapter 5, section 505.1 F20. Prior to issuance of Certificate of Occupancy or building final, the applicant/developer shall install a fire sprinkler system based on square footage and type of construction, occupancy or use. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. No person shall remove or modify any fire protection system installed or maintained under the provisions Df the California Fire Code without the approval by the Fire Chief. CFC Chapter 9, section 901.3.1, D03.1 & CBC Chapter 9, section 9011.1 F21. Prior to issuance of Certificate of Occupancy or building final, the applicant/developer shall install a fire alarm system monitored by an approved Underwriters Laboratory listed central station based on a requirement for monitoring the fire sprinkler system, occupancy or use, and visual notification devices shall include all common areas. Fire alarm panel shall be accessible from the exterior of the building in an approved location. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. CFC Chapter 9, section 907 add: section 902 RVC Ordinance 787.3 F22. Prior to Certificate of Occupancy or building final, a Knox Box Rapid Entry System shall be provided. The Knox Box shall be installed in an accessible location approved by the Fire Chief. The Knox Box shall be supervised by the alarm system, and all exterior security emergency access gates shall be electronically operated and be provided with a Knox key switch for access by emergency personnel. CFC Chapter 5, section 506.1 F23. Complete plans and specifications for any special types of automatic fire extinguishing systems, as other fire protection system and appurtenances thereto shall be submitted to the Fire Prevention Bureau for review and approval prior to installation in accordance with the CFC Chapter 9, table 903.2.13 F24. Approval of the safety precautions required for buildings being constructed, altered or demolished shall be required by the Fire Chief in addition to other approvals required for specific operations or processes associated with such construction, alteration or demolition. F25. Construction or work for which the Fire Prevention Bureau's approval is required shall be subject to inspection by the Fire Chief and such construction or work shall remain accessible and exposed for inspection purposes until approved. F26. The Fire Prevention Bureau shall maintain the authority to inspect as often as necessary for buildings and premises, including such other hazards or appliances designated by the Fire Chief for the purpose of ascertaining and causing to be corrected any conditions which would reasonably tend to cause fire or contribute to it's spread, or any violation of the purpose or provisions of this code and of any other law or standard affecting fire safety. F27. Any alterations, demolitions, or change in design, occupancy and use of buildings or site will require plan submittal to the Fire Prevention Bureau with review and approval prior to installation. F28. Emergency and Fire Protection Plans shall be provided when required by the Fire Prevention Bureau. F29. Prior to Certificate of Occupancy all locations where medians are constructed and prohibit vehicular ingress/egress into or away from the site, provisions must be made to construct a median- crossover at all locations determined by the Fire Chief and the City Engineer. Prior to the construction, design plans will be submitted for review and approval by the City Engineer. F30. Install portable fire extinguishers with a minimum rating of 2A-10BC and signage. Fire extinguishers shall be mounted 48 inches to center above finished floor level. CFC Chapter 9, section 906.1 F31. Prior to issuance of Certificate of Occupancy or building final, the applicant/developer shall be responsible for obtaining underground and/or above ground tank permits for the storage of combustible liquids, flammable liquids, or any other hazardous materials, and approval to store, use or handle materials conduct, process which produce conditions hazardous to life or property, or to install equipment used in connection with such activities. Permits can be obtained Through the Fire Prevention Bureau, and County of Riverside Health Agency Department. Permits shall be subject to inspection at all times by an officer of the fire department or other persons authorized by the Fire Chief in accordance with the CFC Chapter 27, section 2701.1 F32. Prior to Certificate of Occupancy, permits are required to store, dispense, use or handle hazardous material. Each application for a permit shall include a hazardous materials management plan (HMMP). The location of the HMMP shall be posted adjacent to (other) permits when an HMMP is provided. The HMMP shall include a facility site plan designing the following: a) Storage and use areas; b) Maximum amount of each material stored or used in each area; c) Range of container sizes; d) Locations of emergency isolation and mitigation valves and devices; e) Product conveying piping containing liquids or gases, other than utility-owned fuel lines and f) low-pressure fuel gas lines; f) On and off positions of valves for valves which are of the self-indicating type; g) Storage plan showing the intended storage arrangement, including the location and dimensions of aisles. The plans shall be legible and approximately to scale. Separate distribution systems are allowed to be shown on separate pages; h) Site plan showing all adjacent/neighboring structures and use; I) NOTE: Each application for a permit shall include a hazardous materials inventory statement (HMIS). CFC Appendix H F33. Gate (s) shall be opened by a Fire Department Knox Switch, and all gates shall be a minimum of 24 feet in width, Automatic gates shall be equipped with emergency backup power, F34. Landscape must not encroach within Fire Department access way. F35. Access to building openings and roofs shall be maintained readily accessible for emergency access by the fire department. Finished grade to be flat and accessible on all sides of the building were ground ladder access is the only means to reach the highest point on the building from the exterior. Obstructions will not be placed as to interfere with ground ladder placement. CFC Chapter 5, section 504,1 & PVC Ordinance 787.3 F36. Multiple buildings at a single address, for each building shall display specific alphabetic or numerical designation that shall be clearly distinguishable from the fire apparatus access road, CFC Chapter 5, add: section 505.4 RVC Ordinance 787.3 F37. All buildings classified as high-rise buildings by the CBC, amended by this code for buildings between 55 to 75 feet in height, a fire command center for fire department operations shall be provided, It shall be located adjacent to the main lobby and shall be accessible from fire department vehicular access or approved by the Fire Chief. The command center shall be separated from the reminder of the building by not less than a 2- hour barrier (CBC 706), CFC Chapter 5, section 509.1 RVC Ordinance 787.3 Scott DeForge, AFM Riverside County Fire, Planning Section WARREN D. WILLIAMS General Manager-Chief Engineer 1995 MARKET STREET RIVERSIDE, CA 92501 951.955.1200 FAX 951.788.9965 www.floodcontrol.co.riverside.ca.us 123002 tr, bVELOl Re: CUP 15-08 (Revised) RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT February 2, 2009 Mr. David Clayton City of San Jacinto Community Development Department 595 South San Jacinto Avenue San Jacinto, CA 92583 Dear Mr. Clayton: The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The District also does not plan check city land use cases or provide State Division of Real Estate letters or other flood hazard reports for such cases. District comments/recommendations for such cases are normally limited to items of specific interest to the District including District Master Drainage Plan (MDP) facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and District Area Drainage Plan (ADP) fees (development mitigation fees). In addition, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue: This site lies within the 100-year Zone A floodplain of the San Jacinto River as shown on Panel No. 06065C1460G of the Flood Insurance Rate Maps issued in conjunction with the National Flood Insurance Program administered by the Federal Emergency Management Agency (FEMA). The construction of the San Jacinto Levee, Stage 4 would remove this site from the floodplain. However, fill would be required in order to develop the site. Regardless, this site would still receive offsite flows from the south. To adequately protect the site the District would recommend that this development be conditioned to construct Northwest Hemet MDP Line D and Northwest Hemet MDP Line E a sufficient distance upstream of the project site. Onsite and offsite flows should be conveyed to an adequate outlet. It should be noted that the City in cooperation with the District is currently preparing a new MDP/ADP for the area, the San Jacinto Valley Master/Area Drainage Plan. The drainage facilities named above will be modified in the new MDP. In relation to the new proposed San Jacinto Valley MDP, the District would recommend that this development be required to construct portions of San Jacinto Valley MDP Line E and San Jacinto Valley MDP Line V to an adequate outlet. The District will accept ownership of such facilities on written request of the City. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance. Plan check, administrative fees will be required. 123002 Mr. David Clayton -2- February 2, 2009 City of San Jacinto Re: CUP 15-08 (Revised) This project is not currently located within the limits of an adopted area drainage plan for which drainage fees have been adopted. However, once adopted this project will be within the District's San Jacinto Valley Area Drainage Plan. Applicable fees would need to be paid by cashier's check or money order only to the Flood Control District or City prior to issuance of grading permits. Fees to be paid should be at the rate in effect at the time of issuance of the actual permit. GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. If this project involves a Federal Emergency Management Agency (FEMA) mapped flood plain, then the City should require the applicant to provide all studies, calculations, plans and other information required to meet FEMA requirements, and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy. If a natural watercourse or mapped floodplain is impacted by this project, the City should require the applicant to obtain a Section 1602 Agreement from the California Department of Fish and Game and a Clean Water Act Section 404 Permit from the U.S. Army Corps of Engineers or written correspondence from these agencies indicating the project is exempt from these requirements. A Clean Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. Very truly yours, DALE V. ANDERSON Engineering Project Manager Attachment A c: Riverside County Planning Department Attn: David Mares JUL:blj 1054627 ATTACHMENT "A" RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FACILITY ACCEPTANCE REQUIREMENTS Re: DAP g--Dg (Fey 16e61) If the City desires the District to accept ownership a n d r e s p o n s i b i l i t y f o r t h e o p e r a t i o n a n d maintenance of drainage facilities, excluding all catch b a s i n i n l e t s a n d c o n n e c t o r p i p e s w i t h i n t h e City right of way, the drainage facility shall be constru c t e d t o D i s t r i c t d e s i g n a n d m a i n t e n a n c e standards. District plan check and inspection will be requ i r e d . P l a n s a n d c a l c u l a t i o n s s u b m i t t e d t o the District shall include a completed Flood Control Depo s i t B a s e d W o r k s h e e t a n d t h e a p p r o p r i a t e plan check fee deposit. The wor k s h e e t c a n b e f o u n d a t http://www.co .riverside.ca.us/depts/flood/developmentreview in .pdf for m a t . The following five items must be accomplished prior to st a r t i n g c o n s t r u c t i o n o f t h e d r a i n a g e f a c i l i t y : 1) The developer shall submit to the District the prelimina r y t i t l e r e p o r t s , p l a t s a n d l e g a l descriptions for all right of way to be conveyed to the Dist r i c t a n d s e c u r e t h a t r i g h t o f w a y to the satisfaction of the District. 2) A three party agreement between the City, District and De v e l o p e r m u s t b e e x e c u t e d w h i c h establishes the terms and conditions of inspection, op e r a t i o n a n d m a i n t e n a n c e . A n application to draw up an agreement must be submitted to t h e a t t e n t i o n o f I m a d G u i r g u i s of the District's Administrative Services Section. The a g r e e m e n t a p p l i c a t i o n m a y b e found at the same URL mentioned above. 3) Approved plans for the facility must be signed by the Dis t r i c t ' s G e n e r a l M a n a g e r - C h i e f Engineer. The plans cannot be signed prior to execution of t h e a g r e e m e n t . 4) All regulatory permits (and any attachments thereto s u c h a s H a b i t a t M i t i g a t i o n a n d Monitoring Plans, Conservation Plans/Easements) to be sec u r e d b y t h e D e v e l o p e r s h a l l b e submitted to the City and District for review and approval. 5) The applicant shall show written proof of compliance wi t h t h e M u l t i p l e S p e c i e s H a b i t a t Conservation Plan (MSHCP) for any drainage facilitie s t h e a p p l i c a n t p r o p o s e s t o b e maintained by the District. All applicable CEQA and M S H C P d o c u m e n t s a n d p e r m i t s shall address the construction, operation and maintenance o f a l l o n s i t e a n d o f f s i t e d r a i n a g e facilities. AM:blj San Jacinto Police Department CSO Craig Speers 160W Sixth Street San Jacinto, CA 92583 Office: 951-654-2702 Date: January 21, 2009 David Clayton Information Planner City of San Jacinto Community Development Department 595 S. San Jacinto Avenue San Jacinto, CA 92583 Re: Project/Case No: General Plan Amendment 3-08, Change of Zone 6-08 and Conditional Use Permit 15- 08 (Revised) Proposal: This revision proposes to develop 13 acres of a 43.7 acre parcel located at the southwest corner of Cawston Avenue and Ramona Expressway with an 88,233 square foot 3-story hotel, 10,140 square foot restaurant and 31,500 square feet of retail space in four buildings. Also proposed is a General Plan Amendment removing the 13 acre site from the Gateway Planning Area by designing the site as Community Commercial (CC) and for consistency, changing the zone from Light Manufacturing (M-1) to General Commercial (C-2). The southern part of the project is located within the City's preferred alignment for the Mid-County Parkway (MCP). (portion of APN 430-100-017) Mr. Clayton, The San Jacinto Police Department has reviewed the above mentioned revision concerning General Plan Amendment 3-08, Change of Zone 6-08 and Conditional Use Permit 15-08. The Police Department does not object to the project and 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, -31------- William Tyler, Lieutenant Chief of Police Riverside County Transportation Commission December 17, 2008 David Clayton, Information Planner Community Development Department 595 South San Jacinto Avenue San Jacinto, CA 92583 4o80 Lemon Street, 3rd Floor • Riverside, CA Mailing Address: P. 0. Box 12008 • Riverside, CA 92502-2208 (951) 787-7141 • Fax (951) 787-7920 • www.rctc.org Subject: Comments to Conditional Use Permit 15-08 and Change of Zone 6-08 Dear Mr. Clayton: Thank you for the opportunity to comment on the subject project. The Riverside County Transportation Commission (RCTC) asks that the proposed development project be requested to cooperate and consider plans for future transportation improvements. RCTC is working with the County of Riverside and the City of San Jacinto on the development of the proposed Mid County Parkway (MCP) project. The close proximity of the subject development project to the MCP corridor alignments could involve direct conflicts with the proposed development as well as access issues. Attached are two exhibits depicting the MCP north and south alternative alignments in the proposed development area. RCTC requests that City of San Jacinto and RCTC staff continue to work closely together to evaluate these considerations and to protect any feasible options of the MCP in the final environmental approval for this development project. Please note that the draft environmental document for the Mid County Parkway is out for public review and comments from the public will now be accepted until January 8, 2009. Should you have any questions or require additional information, please contact me at (951) 787-7141. Sincerely, Cathy Bechtel, Project Development Director Riverside County Transportation Commission Cc: Tim Hults (City of San Jacinto) Gustavo Quintero, Steve Keel (Bechtel) Steve Henderson (Jacobs Civil) Project files L:\Current Design Pro ects\04-31-018 Mid-County Parkway \Corrsp\Corrout\Shelbran Development_Warren&Cawston, San Jacinto_16Dec2008.doc 'IN I C. prop..y / Dovale.ent - FOR DISCUSSION PURPOSES ONLY 100 IA I I I ADM.. Ototatliao RIM at Via, L. 00,45,0 Limit,, owl e.g. Malta. FRI 'LAURIE %MILE THIS MAP IS A DRAFT DOCUMENT ONLY 050 HAs YET TO DE VERIFIED BY RCTC DR THEIR REPRESENTATIVE. NOT FOR PUBLIC DISTRIBUTION OR REVIEW. MID COUNTY PARK' 'AY SAN JACINTO SOUTH ALIGNMENT AND APH's 430-100-002, 013 & -017 12/09/2008 11 9999 k eti114.1.. NOM . LEREMC @report, / Onveletrinent - FOR DISCUSSION PURPOSES ONLY 100 00 Altynntent Centerline Nicht of @fey Linn Ore.° tilertitto CIA ervellatt UMW, THIS MAP IS A DRAFT DOCUMENT ONLY AND HAS YET TO DE VERIFIED BY RUC OR THEIR REPRESENTATIVE. NOT FOR PUBLIC DISTRIBUTION OR REVIER. MID COUNTY PAHKWAV SAN JACINTO ALIGNMENT NORTH DESIGN VARIATION AND APN's 430-100-002 -0'i3 5/16/2006 Gateway Corporate Center Conditional Use Permit No. 15-08 San Jacinto, California Draft Initial Study/ Mitigated Negative Declaration 4.41:11 Lead Agency: City of San Jacinto Community Development Department 595 South San Jacinto Avenue San Jacinto, California 92583 Prepared For: Steve Holgate Shelbran Investments, LP 1590 Shelbran Court San Jacinto, California 92582 Prepared By: TETRATECH 348 West Hospitality Lane, Suite 100 San Bernardino, California 92408-3216 lb April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY TABLE OF CONTENTS .1.0. BACKGROUND 1-1 .1.1. .SUMMARY. 1-1 .1.2. INTRODUCTION 1-1 2.0. PROJECT DESCRIPTION 2-1 2.1, PROJECT LOCATION 2-1 2.2. PROJECT BACKGROUND 2-1 .2.3, PROJECT CHARACTERISTICS 2-1 2.4. REGULATORY REQUIREMENTS, PERMITS, AND APPROVALS. 2-2 3.0. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED AND DETERMINATION 3-1 3.1. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED 3-1 .3.2. DETERMINATION 3-1 .4.0. ENVIRONMENTAL CHECKLIST AND DISCUSSION 4-1 .4.1. AESTHETICS 4-1 .4.2. AGRICULTURAL RESOURCES 4-5 .4.3. AIR QUALITY 4-6 .4.4. BIOLOGICAL RESOURCES. 4-12 .4.5. CULTURAL RESOURCES 4-14 .4.6. GEOLOGY AND SOILS 4-18 .4.7. HAZARDS AND HAZARDOUS MATERIALS 4-24 .4.8. HYDROLOGY AND WATER QUALITY 4-27 .4.9. .LAND USE AND PLANNING 4-32 .4.10. MINERAL RESOURCES 4-35 .4.11. NOISE 4-36 .4.12. POPULATION AND HOUSING. 4-38 .4.13. PUBLIC SERVICES 4-39 .4.14. RECREATION 4-39 .TRANSPORTATION/TRAFFIC. 4-40 .4.16. UTILITIES AND SERVICE SYSTEMS 4-44 .4.17. MANDATORY FINDINGS OF SIGNIFICANCE 4-48 5.0. NEGATIVE DECLARATION GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT NO. 15-08, SAN JACINTO, CALIFORNIA 5-1 .5.1. MITIGATION MEASURES INCORPORATED INTO THE PROJECT TO AVOID SIGNIFICANT EFFECTS . 5-2 .6.0. LIST OF PREPARERS 6-1 .7.0. ACRONYMS 7-1 8.0. BIBLIOGRAPHY 8-1 Tetra Tech, Inc. i April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY LIST OF FIGURES Figure 1 Regional Location of Gateway Corporate Center Project, San Jacinto, California 92582 2-3 Figure 2 Gateway Corporate Center, CUP No. 15-8, San Jacinto, California 2-4 Figure 3 Proposed Development of the Gateway Corporate Center San Jacinto, California 92582 2-5 Figure 4 Regional Geology Associated with the Gateway Corporate Center, San Jacinto, California 92582 4-19 Figure 5 Proposed Development of the Gateway Corporate Center, San Jacinto, California 92582 4-34 LIST OF TABLES Table 1 Summary of Construction Emissions Without Mitigations (lbs/day)I 4-8 Table 2 Localized Significance Threshold (LST) Pollutant Mitigated Concentration (lbs/day)1 4-9 Table 3 Summary of Project-Operations Air Pollution Emissions (lbs/day) 4-10 LIST OF PHOTOGRAPHS Photograph 1 Southern boundary of the site looking east. About halfway along the southern boundary. 4-3 Photograph 2 Northern boundary of the site. Looking east from near the west end 4-3 Tetra Tech, Inc. ii April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY 1.0 BACKGROUND 1.1 .SUMMARY Contact Person and Phone Number: Initial Study Prepared By: City of San Jacinto General Plan Designation: Zoning (Proposed Project and Adjacent Areas): Existing Surrounding Land Uses: Gateway Corporate Center Conditional Use Permit Number 15-08, San Jacinto, California City of San Jacinto Community Development Department 595 South San Jacinto Avenue San Jacinto, California 92583 Mr. David Clayton (951) 487-7326 Tetra Tech, Inc. 348 W. Hospitality Lane, Suite 100 San Bernardino, California 92408 Southwest corner of Ramona Expressway and Cawston Avenue, San Jacinto, California 92583 Mr. Steve Holgate Shelbran Investments, LP 1590 Shelbran Court San Jacinto, California 92582 Gateway Area Specific Plan Light Manufacturing (M-1) North: Ramona Expressway/Dairy Faun South: Casa Loma Siphon East: Undeveloped West: Undeveloped Project Title: Lead Agency Name and Address: Project Location: Project Sponsor's Name and Address: 1.2 INTRODUCTION This Initial Study has been prepared to identify and assess the potential environmental impacts of the proposed development of 13 acres of a 43.7-acre parcel. Also proposed is a General Plan Amendment for the 13-acre project to change the current Specific Plan designation to Community Commercial. Zoning associated with the project is proposed to change from Light Manufacturing (M-1) to General Commercial (C-2). This document has been prepared to satisfy the California Environmental Quality Act (CEQA) (Pub. Res. Code, Section 21000 et seq.) and State CEQA Guidelines (14 CCR 15000 et seq.). Tetra Tech, Inc. 1-1 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY 2.0 PROJECT DESCRIPTION 2.1 PROJECT LOCATION The proposed project is located at the southwest corner of Ramona Expressway and Cawston Avenue, San Jacinto, California (Figure 1). The project site is identified as Assessor Parcel Number (APN) 430- 100-017 and is an approximately 43.7-acre property which is currently vacant and is zoned as Light Manufacturing (M-1) (Figure 2). The rectangular-shaped site is bounded by Ramona Expressway to the north, Cawston Avenue to the east, the Casa Loma Siphon that is part of the Colorado Aqueduct system is found south of the site. An undeveloped parcel is found to the west of the site. The proposed project is located in Section 18, T4S, R1W, SBBM of the Lakeview 7.5-minute quadrangle (United States Geological Survey 1967, Revised 1979). Based on the topographic map, the property is located at approximately 1,450 feet above mean sea level. The regional topographic gradient in the area is toward the northwest. 2.2 PROJECT BACKGROUND The subject property is undeveloped lands. Adjacent lands to the proposed project are also undeveloped. The project proponent seeks to develop a portion of the parcel that would require a General Plan Amendment, change of zone and Conditional Use Permit to develop a portion of the parcel to create business opportunities conducive to the general planning for the City of San Jacinto. 2.3 PROJECT CHARACTERISTICS The project would be to develop 13 acres of the 43.7-acre parcel located at the southwest corner of Cawston Avenue and Ramona Expressway. Proposed development includes a Conditional Use Permit for an 88,233-square foot three-story hotel, a 10,140-square foot restaurant and 31,500-square feet of retail space in four buildings plus all associated infrastructure. Figure 3 illustrates the proposed structures plus parking facilities. Egress points to the project from Ramona Expressway and Cawston Avenue are also illustrated. Also proposed is a General Plan Amendment for the 13-acre project to change the current Specific Plan designation to Community Commercial. Zoning associated with the project is proposed to change from Light Manufacturing (M-1) to General Commercial (C-2). The southern part of the project is located within the City of San Jacinto's preferred alignment for the Mid-County Parkway (MCP). Construction of the project is anticipated to start in 2009 and be completed in 2010. Tetra Tech, Inc. 2-1 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY 2.4 REGULATORY REQUIREMENTS, PERMITS, AND APPROVALS The City of San Jacinto is processing a Conditional Use Permit (CUP 15-08) for this project. Approval from the City of San Jacinto for the zoning change and development are also required. The zoning change will require an amendment to the City of San Jacinto General Plan. In addition, a National Pollutant Discharge Elimination System (NPDES) Permit will be required prior to project implementation. No other approvals or permits are required from any other local, regional, state, and federal agencies. Tetra Tech, Inc. 2-2 April 2009 Moreno Valley Beaumont APN 430-100-017 Proposed Project Area 'Lakeview San Jacinto CC oo tt ioo nn ww oo oo dd —AA vv eer.',F' Vo, ' 4011 1:1119 EIEIIMIPA kt...M.'gr:114,...n MEW &ASO iiiiIIIIIMMit 111111thigiril eirPorffillILWA so n mg - r".=IIIIIIFnh$,s , ow "4111110**4* MEM= Ern allIralOiNSIMIn ts wri a-Mil m'; II IIN IN/011111M1 ri -.41/47. .04,mtilia At Frartia1111 , IIIRE 15:11.511,4. 'I ..---196 Eon Ic.--einutummo,I=1._ii JE mi.,,,r•Firz•immaimsh ormuirak,..4 ..„. • 11111M1 111 7,,,-11 IIIIMMI1ailaal 111111111rn 10.1 li 1 = _, .r. 1111 .70.11 ........" ,... es"i2ir 40:111.NEE - Mrtill AN illiN East ”vaturr:...kit-m.41UL/ v Ain 4...landligglIIIIINNEAILIEMINI 5,000 10,000 .. ..1-i- Its PEW ion" spur. II" mum SF e" APN 430-100-017 Romoland Winchester Figure 1 Regional Location of Gateway Corporate Center San Jacinto, California 92582 TETRATECH •iePev\AemelED-Losa\si I. -rrrrirrrfevrrIrrrrrIrsrrt.‘ •X X XXX X X XXX XXXX XXXXXI • X X XX X X X X X X X X XXXXXXI rX XX XX XX X X XX XXX X XX XXI X,X X X X X X X XX XX X X XX XXI /X XXX XX X X XXX XXX XXXXXI 3 XXXXXXXXXXXXXXXXXXXI t X X X XX XX XXXXX X XXXX-XXI IX X X X X X X 'X X XX X X,XXXXXXI, kX X XXX X X XXX XXX X X:X X X .X X,X XXI, XXX,XI XXX X- tXXX ) XXX XXX XXX x txxxxxxxxx xxxxxxii xx xPIR.O.JEC-2:rxx" 1 Lu xxxx...==•,cxxxxxxi> x x >LOCATION xxxxxi< xxxxxiz Ixxxxxxx X X xxxxxxxio lxxxxxxxxxxxxxxxxii.7, 11xxxxxxxxxxxxxxxxxi IX x x XX XXX XXx'x" >c x I Ixxxxxxxxxxxxxxx,X10 IXX X X X X X X X X X X X X XXI" IXXXX XX XXX X XX v.K IX XXX X XXXX X XXXX rf.,x' Ixxxxxxxxxxxxxxx45ti Ix xxxx xxxxx xxxx :XX xx xxxxxxxx'iix,xxxi IX XX X XXX 'X X' 4X, XXXX 1 IX X XX X X'`.. X XX X X X!X IX X X. X X X X `X*VX,' X X. X ". X 1 K X"X XXXXXXI .. . &XXX XX XXX X X X,X X X X Xe ' , ..... .... X X X X,X X X X X, X X'X,X, X 1 7,77 7(1 p Ltauizi roposed Project Area APN 430-100-017 Figure 2 Gateway Corporate Center CUP No. 15-08 San Jacinto, California 92582 Light Manufacturing (M-1) 1.1111 1 111 111101 APN 430-100-017 Figure 3 Proposed Development of the Gateway Corporate Center San Jacinto, California 92582 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY 3.0 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED AND DETERMINATION 3.1 _ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. El Aesthetics ID Agriculture Resources El Air Quality E] Biological Resources ID Cultural Resources ID Hazards/Hazardous Materials ID Hydrology/Water Quality E] Land Use and Planning ID Mineral Resources ID Noise El Public Services ID Recreation El Transportation/Circulation El Utilities and Service Systems ID Mandatory Findings of Significance El Geology and Soils E] Population and Housing 3.2 DETERMINATION On the basis of this initial evaluation: • I find that the Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. • I find that although the Project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. • I find that the Project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. • I find that the Project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. • I find that although the Project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the Project, nothing further is required. Signature Date Printed Name Agency Tetra Tech, Inc. 3-1 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY 4.0 ENVIRONMENTAL CHECKLIST AND DISCUSSION 4.1 AESTHETICS The project site is located in an undeveloped area in the northern portion of the City of San Jacinto, Riverside County. The project site is relatively flat with non-native vegetation. The predominate view of the area surrounding the project is a predominately rural setting (Photographs 1 and 2). Views to the east, west and south are of undeveloped, fallow former agricultural fields. The view to the north is of Ramona Expressway with an active dairy farm north of Ramona Express way. The project is located on the south side of Ramona Expressway west of Sanderson Avenue/State Route (SR) 79. A review of Caltrans' State Scenic Highway System indicates that SR 79 is part of the Scenic Highway System for the State of California (Caltrans 2008). Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact a) Would the project have a substantial adverse effect on a scenic vista? El El El Natural scenic vistas in the project area would not be substantially altered by the proposed project. The proposed project would add development that would include building a three-story hotel, a restaurant and retail space in four buildings. The City of San Jacinto has identified slopes and ridgelines associated with the San Jacinto Mountain range found east of the project area as scenic (City of San Jacinto General Plan 2006). The proposed project would not affect any such scenic vistas. Construction activities would be visible from the single family residence associated with an active dairy located within on-half mile to the northeast of the project site, but this would be temporary and not significant. Once constructed, the project that would include a three story hotel may be visible from the stock yards associated with the dairy. The single family residence associated with the dairy would be east of the project approximately one-half a mile away. Some project features may be visible but not a likely significant effect to the scenic vista associated with the residence. Tetra Tech, Inc. 4-1 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact b) Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? L The project site is not visible from SR-79 and no impact is anticipated. The single family residence that is associated with an active dairy farm currently found on north of the project site is not considered to be a historic building and would not be impacted by the proposed project Tetra Tech, Inc. 4-2 April 2009 S \ 23901-GATEWAY1PHOTO 1-2.CDR Photo 1 Southern boundary of the site looking east. About halfway along the southern boundary. Photo 2 Northern boundary of the site. Looking east from near the west end. GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT NO. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact c) Substantially degrade the existing visual character or quality of the site and its surroundings? ® . . . Currently, the project site presents a view of open land. The general character of the immediate project area is a mix of agriculture and single family residences. Medium to low density residential development with areas of high density development is either in progress or is proposed within the general area of the project site. The establishment of a mixed commercial use is consistent with proposed development in the immediate vicinity of the project. A less than significant impact would occur. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact d) Would the project create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? C El The proposed project would result in a new source of light or glare. As indicated earlier, the single family residence associated with the active dairy found north of the site, north of Ramona Expressway is located approximately one-half a mile way from the project area. The dairy has some night time lighting associated with its operation. Night time lighting associated with the project would represent a new source of light in the area that already has lighting associated with Ramona Expressway and adjacent neighborhoods. Lighting would be consistent with the City of San Jacinto requirements. The radius distance from the corner of Ramona Expressway and Sanderson Avenue to Mt. Palomar is approximately 25.5 miles (within the 45 mile radius, Zone A pursuant to Ordinance 655). Guidance from the International Dark Sky Association or its equivalent will be sought during planning for this project for lighting elements to lessen impacts from light pollution that could occur from the project. As a result, no significant increase in lighting resulting would occur from the project. A less than significant impact would occur. Tetra Tech, Inc. 4-4 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY 4.2 AGRICULTURAL RESOURCES Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact a) Would the project convert Prime Farmland, UniqueEl Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? ❑ The proposed project would be built on an area that has been designated as Farmland of Statewide Importance (City of San Jacinto General Plan 2006). The project would convert Farmland of Statewide Importance to non-agricultural use. The City of San Jacinto has anticipated that while agricultural uses in the area will continue to operate in the future, increases urban development will likely result in development of many areas currently under agricultural land uses to areas of urban use. The project area plus surrounding area has been designated as Light Manufacturing in anticipation of a change from agriculture to urban use. A review of the County of Riverside land information system indicates the site is not designated as an agricultural preserve (County of Riverside 2009) As a result, a less than significant impact would occur. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract? C ❑ ® — As previously indicated, while the project area is zoned for agricultural use, review of the County of Riverside land information system indicates the site is not designated as an agricultural preserve (County of Riverside 2009). The proposed project site is not currently farmed. No future use of the site for agriculture is likely. For fire control, weeds at the site are managed by disking on a regular basis. As a result, a less than significant impact would occur. Tetra Tech, Inc. 4-5 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact b) Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? ❑ " ■ A conversion of Farmland would result from the current land use designation of the site plus proposed commercial development. As previously indicated, changes in land use from agriculture to urban have been anticipated by the City of San Jacinto. As a result, a less than significant impact would occur. 4.3 AIR QUALITY The information in this section has been summarized from the air quality impact analysis conducted for the site by RK Engineering Group, Inc. (2009b). The project site is located in western Riverside County, which is part of the South Coast Air Basin (SCAB) and is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The Basin is bounded by the Pacific Ocean to the west and the San Gabriel, San Bernardino and San Jacinto Mountains to the north and east. The City of San Jacinto is located in an area where pollutants generated in coastal portions of the Los Angeles basin undergo photochemical reactions and are moved inland during the daily sea breeze cycle. During the daytime, air emissions generated by urbanized areas are transported eastward toward the region. While air quality has improved, the region still is expected to experience unhealthful air quality for at least the next decade. Health -based air quality standards have been established by California and the federal government for the following criteria air pollutants: ozone (03), carbon monoxide (CO), nitrous oxide (NOX), particulate matter with a diameter of 10 microns or less (PM10), particulate matter with a diameter of 2.5 microns or less (PM,5), sulfur dioxide (SO2), and lead (Pb). These standards were established to protect sensitive receptors from adverse health impacts due to exposure to air pollution. Air quality monitoring for ozone (03) and fine particulates (PMIO), in closest proximity to the project site is carried out by SCAQMD at the Penis Valley monitoring station (#4149). The closest monitoring station for ultra -fine particulate matter (PM,.5) is the Metropolitan Riverside County 1 monitoring station (#4144). The closest monitoring station for carbon monoxide (CO) and nitrogen dioxide (NO,) is at the Lake Elsinore monitoring station (#4158). These stations measure both regional pollution levels as well as primary vehicular pollution levels near busy roadways. Tetra Tech, Inc. 4-6 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY The following conclusions can be made regarding data obtained from the Metropolitan Riverside County 1 and Lake Elsinore monitoring stations: • Ozone levels frequently exceed standards. On an average of 51 days a year, the one -hour State of California standards have been exceeded in the past five years. The federal 8-hour standards have been exceeded a total of 31 days a year for the past five years. • PK() levels have exceeded the State 24-hour standard for approximately 27 percent of all measured days. The three -times less stringent federal 24 hour standard was not exceeded in the past five years. • PM2.5 levels have exceeded the federal 24-hour ambient standard an average of 1.1 percent per day that data was collected in the past five years. PM2.5 were recorded to exceed federal 24-hour ambient standard an average of 11 percent of the day that data was collected over the last two years. • NO, levels did not exceed the state annual standard. • Localized pollutants such as CO, Pb and SO, at the site and in the City of San Jacinto do not exceed allowable levels. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact a) Would the project conflict with or obstruct implementation of the applicable air quality plan? 1 b) Would the project violate any air quality standard orIII contribute substantially to an existing or projected air quality violation? Al c) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? ❑ " . ■ d) Would the project expose sensitive receptors to substantial pollutant concentrations? Construction Emissions. The analysis of air quality impacts resulting from construction of the project that was prepared by RK Engineering Group, Inc. (2009b). RK Engineering Group, Inc. used the Terra Tech, Inc. 4-7 April2009 GATEWAY CORPORATE CENTER. CONDITIONAL USE PERMIT NO. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY SCAQMD 1993 "CEQA Air Quality Handbook" where appropriate and more site -specific information where available to used to supplement the SCAQMD-suggested input parameters. Vehicle emissions were calculated using the California Air Resources Board URBEMIS 2007 (Version 9.2.4) computer model. Temporary construction activity emissions would occur during the project implementation. These emissions include on -site generation of dust and equipment exhaust and off -site emissions from construction employees commuting and/or truck delivering building materials. As the entire site would not be under simultaneous disturbance, the URBEMIS model estimated an average daily grading disturbance footprint of approximately 3.3 acres during the mass grading phase. The calculated PM10 emissions with best available control measures at 7.4 pounds per day well below the threshold limit of 150 pounds per day. Table 1 provides the results of calculated emissions estimated to be generate during construction that includes grading, assembly and finishing tasks. No significance threshold limits would be exceeded, even without mitigation. However, the SQAMD requires that best available control measures for construction -related emissions be implemented regardless of the size and scope of the project. These mitigations are presented as Mitigations A-1, A-2 and A-3. Based on a worst -case average daily grading disturbance footprint of 3.3 acres, localized significance threshold (LST) pollutant concentration data was calculated based on disturbing 3.3 acres or less per day as listed in Table 2. Results for PMI and PM2.5 emissions were based on implementation of mitigations. No values were calculated to exceed LST thresholds during construction. Emissions were modeled using URBEMIS (Version 9.2.4) for an estimated 2010 project build out. Table 1 Summary of Construction Emissions Without Mitigations (lbs/day)1 Emission Sources2 VOC NO, CO SO, PMIo Total PMro Equip Exh. PMIo Dust PMz.s Mass Grading 3.2 26.5 14.1 0.0 66.5 1.3 65.2 14.9 Assembly and Finish 3 26.2 37.0 33.2 0.0 2.9 2.8 0.1 2.7 SCAQMD Regional Threshold 75 100 550 150 150 -- -- 55 Significant? No No No No No -- -- No Notes: (1) lbs/day = pounds per day (2) Includes emissions from one water truck, one backhoe, one dozer and one grader during construction; 2 forklifts, 1 backhoe, 1 crane and 1 generator during assembly; 2 pavers, 1 backhoe, 1 roller, and 4 cement mixers during finishing operations. (3) Includes 200 truck miles of building materials delivered per day. Tetra Tech, Inc. 4-8 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT NO. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY Table 2 Localized Significance Threshold (LST) Pollutant Mitigated Concentration (lbs/day)' Emission Sources CO NOg PMi03 PM, 53 Proposed Mass Grading (2009) 2 14.1 26.5 26 6.1 LST Threshold4 1,822 336 29 8 Significant? No No No No Notes: (1) lbs/day = pounds per day (2) Calculations based on a maximum daily disturbance area of 3.3 acres or less per day (3) With mitigation (4) Referenced LST thresholds are from 2005-2007 SCAQMD mass rate localized Significant Thresholds for construction and operation Table C-1 The proposed project was analyzed for the possibility to generate a CO hot spot to determine if localized violations of standards would occur. Based on low background levels associated with the City of San Jacinto and because average CO will decrease by more than 50 percent in the next decade it is extremely unlikely that enough CO would be generated by the project to exceed standards. Background levels of CO measured at the Penis Valley Monitoring Station (#4149) have been determined to be at 1.8 parts per million (ppm). It would take an increase of more than 18 ppm to exceed the current 1-hour standard of 20 ppm. Finally, it is likely that CO emission from nearby Ramona Expressway will supersede any emissions generated by the project. Construction equipment would generate greenhouse gas (GHG) emissions potentially associated with global warning. California has adopted several initiatives to reduce GHG emissions. In the absence of any GHG thresholds of emissions significance or methodology to analyze project impacts to GHG levels, the use of maximally efficient diesel -fueled equipment is believed to mitigate any cumulative GHG impacts as much as is practical. Operations Impacts. For operational activity, the project would not have a significant air quality impact as defined by either the Localized Significance Thresholds (LSTs) or regional daily emissions thresholds set forth by the SCAMD. Since the project would not exceed the daily emissions thresholds set forth by the SCAQMD, it is assumed that the commercial development would not contribute to an exceedence and would therefore not result in a cumulatively significant impact during operational activity. The proposed project does not conflict with or obstruct implementation of the applicable air quality management plan. The project generated traffic does not contribute to or create a local CO hotspot. Project emissions from Tetra Tech, Inc. 4-9 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT NO. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY vehicles plus land uses during project implementation are presented in Table 3. No emissions will exceed thresholds. Therefore, operational impacts would be less than significant. Table 3 Summary of Project -Operations Air Pollution Emissions (lbs/day) Emission Sources VOC NOx CO SO, PM10 PM2.5 Operational (Vehicle) Emission Estimates 30.6 36.6 323.0 0.3 2.9 1.8 Area Source Emission Estimates Land Use2 1.2 1.7 6.0 0.0 0.0 0.0 Total 31.8 38.3 329.0 0.3 2.9 1.8 SCAQMD Regional Threshold 55 55 550 150 150 55 Significant? No No No No No No Percent of Threshold 57.8 69.6 59.8 0.2 1.9 3.3 (1) lbs/day = pounds per day (2) Energy consumption, landscape maintenance, etc. To minimize air quality impacts associated with construction of the proposed project, the project proponent will implement the following mitigation measures. A-1: The project proponent shall comply with the following mitigation measures to reduce impacts from construction equipment. • Construction equipment shall be maintained in proper tune; • Gasoline or electricity powered equipment instead of diesel powered equipment shall be used whenever possible; • Use of heavy equipment shall be suspended during first stage smog alerts; • All construction equipment shall be prohibited from excessive idling; and • The use of "clean diesel" equipment if modified engines (catalyst equipped or newer Moyer Program retrofit) are available at reasonable cost shall be encouraged. A2: To reduce fugitive dust emissions during construction, the use of best available control measures (BACM) shall be implemented during grading. These measures include the following. • Water all active construction areas three times daily; • Cover all haul trucks or maintain at least two feet of freeboard; • Pave or apply water four times daily to all unpaved parking or staging areas; • Reduce speed on unpaved roads to less than 15 miles per hour; Tetra Tech, Inc. 4-10 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY • Sweep or wash any site access points within 30 minutes of any visible dirt deposition on any public roadway; • Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty materials; • Suspend all operations on any unpaved surface if winds exceed 25 miles per hour • Hydroseed or otherwise stabilize any cleared area which is to remain inactive for more than 96 hours after clearing is completed; and • Take measures to limit daily disturbance areas to 3.3 acres or less A-3: To reduce off -site impacts to the air quality associated with the surrounding community; the following measures shall be implemented: • Encourage car pooling for construction workers; • Limit lane closures to off-peak travel periods; • Park construction vehicles off traveled roadways; • Wet down or cover dirt hauled off -site; • Wash or sweep access points daily; • Encourage receipt of materials during non -peak traffic hours; • Sandbag the construction site for erosion control; and • Participate in the County of Riverside Transportation Demand Management Programs. e) Would the project create objectionable Less than odors affecting a substantial number of Significant people? Potentially With Less than Significant Mitigation Significant No Impact Incorporation Impact Impact ❑ ❑ ❑ Odor is generally attributed to certain heavy industrial processes, such as refineries, that emit hydrogen sulfide, which has a "rotten eggs" odor. Other land uses, such as composting facilities and landfills, can have odors related to the decomposition of trash and organic waste. Diesel fumes generated during construction have the potential for being an odor nuisance. As the closest residence is approximately one- half a mile to the east that is part of an active dairy with its associated animal waste odor, no impacts from diesel fume odor generated during construction are likely. No uses that would emit odors are proposed during operation of the proposed project. No impact would occur. Tetra Tech, Inc. 4-11 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT NO. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY 4.4 .BIOLOGICAL RESOURCES A biological reconnaissance survey was conducted 25 and 27 February 2009 to characterize biological resources on the project site to identify any biological constraints for the project (Natural Resources Assessment, Inc. 2009). Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact a) Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? ❑ . ■ The biological reconnaissance was conducted to evaluate site suitability for narrow endemic plants that have the potential for being found on the site as identified in the Riverside County Integrated Project Multiple Species Habitat Conservation Plan (MSHCP) for western Riverside County. These plants include San Diego ambrosia (Ambrosia pumila), many -stemmed dudleya (Dudleya multicaulis), spreading navarettia (Navarettia fossalis), California Orcutt grass (Orcuttia californica) and Wright's trichocoronis (Trichocoronis wrightii). The results of this survey concluded that the site does not have suitable habitat to support these plants and none of these plants were observed on the site or in the vicinity of the site. In addition, smooth tarplant (Centromadia pungens ssp. laevis) and Coulter's goldfields (Lasthenia glabrata ssp. coulteri) populations have been noted within the vicinity of the site. Although suitable soils preferred by these plants may be present, current site conditions do not provide suitable habitat for either species. None were observed on site or in the vicinity of the site. Based on the biological reconnaissance conducted on the project site, no listed plant or wildlife species were observed on the site or have the potential to occur within the project site. The reconnaissance survey included an assessment of the site for suitable habitat to support burrowing owl (Athene cunicularia). The absence of burrowing owl plus a lack of sign allowed the conclusion that owls are not present at the site. Habitat quality was determined to be poor for this species due to impacts from disking and agricultural practices. No sensitive wildlife or plant species were identified in the February 2009 assessment. Due to disturbances and current conditions, no sensitive species are expected to occur on the project site. No impacts to these resources would occur from the proposed project. Tetra Tech, Inc. 4-12 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY On 17 June 2003, the MSHCP for western Riverside County became effective. The City of San Jacinto is now implementing this plan which allows for the establishment of a simple and uniform mechanism for mitigating the effect of development through payment of a Local Development Mitigation Fee. Impacts to biological resources from future projects associated with this site would be evaluated against standards specified in the MSHCP. No impacts would occur from the proposed project or future projects. Although no burrowing owls were observed on site during the reconnaissance and current habitat conditions at the site is poor for these birds, the following mitigation is proposed. Sl: Prior to any earthwork, a pre -construction survey for burrowing owls shall be conducted within 30 days of construction to determine if owls have moved into the site. If owls are present, a Mitigation and Monitoring Plan for owls will be prepared and approved by the California Department of Fish and Game prior to project implementation. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact b) Would the project have a substantial adverse effectEl on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? El ■ la No wetlands, riverine, vernal pools or riparian areas were found during the biological reconnaissance. No impact would occur from the proposed project. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact c) Would the project have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? U CI El No waters subject to regulatory authority are present within the project area. With implementation of appropriate best management practices such as a Storm Water Pollution Prevent Plan (SWPPP), no Tetra Tech, Inc. 4-13 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT NO. 15-08 SAN JACINTO, CALIFORNLA DRAFT INITIAL STUDY impacts from the proposed project on any federally protected wetlands that may be found downstream of the project area. No impact would occur from the proposed project. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact d) Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? ❑ U 0 El The project site does not connect adjacent natural open space areas thus linkage value is not expected to be present. As such, the site does not act as a wildlife movement corridor or special linkage area. No impact would occur. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact e) Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? ❑ ❑ ❑ �' The MSHCP has been implemented which allows for the establishment of a simple and uniform mechanism for mitigating the effect of development through payment of a Local Development Mitigation Fee. No impacts would occur from the proposed project or future projects. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact f) Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? The site is within the MSHCP. Mitigation fees would be determined by the County of Riverside based on project location. No impact would occur. 4.5 .CULTURAL RESOURCES Cultural resources associated with the project were evaluated by ECORP Consulting, Inc. (2009). A Tetra Tech, Inc. 4-14 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT NO. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY cultural resources records search was conducted in February 2009 at the Eastern Information Center, located at the University of California, Riverside, California. The purpose of the records search was to determine the extent of previous investigations within a 1-mile radius of the project area, and whether any archaeological sites or architectural resources exist within the project area. Materials reviewed included reports of previous investigations, archaeological site records, historic maps, and listings of resources on the National Register of Historic Places (NRHP), California Register of Historical Resources (CRHR), California Points of Historical Interest, California Historical Landmarks, and National Historic Landmarks. In addition, historic aerial photographs of the project area were reviewed to identify built features that may have previously existed in the area. A search of the Sacred Lands File was also requested from the Native American Heritage Commission (NAHC), located in Sacramento, California. Fieldwork was conducted on 13 February 2009 by an ECORP Consulting, Inc. archaeologist and consisted of an intensive systematic pedestrian survey of the project area. Transects separated by 15 meters were walked in a consistent direction and all areas of the project were surveyed. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact a) Would the project cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? CI El El Two historic resources were identified within 400 feet of the project area. The first, the Casa Loma Siphon is located about 400 feet south of the project area. The second resource identified is the CBS Dairy Farm located approximately 100 feet northeast of the northeastern corner of the site on the north side of the Ramona Expressway. Given the distance from the project, no impacts to these resources would occur from the proposed project. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? C El Ll Although the cultural resources records search did not identify archaeological sites within or near the project site, the Sacred Lands File search results indicated that there is the presence of resources Tetra Tech, Inc. 4-15 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT NO. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY proper engineered fill and compacted as per the City of San Jacinto requirements. As a result, it is unlikely that soils found at the site will be excavated to a depth of five feet or more. Excavation below 5- feet has the potential to impact significant, non-renewable fossil resources. If excavation did exceed a depth of 5-feet, impacts could be reduced to a less than significant level with the implementation of a monitoring program by a qualified paleontologist. If fossils are encountered during any earthmoving activities, the following mitigation measure would reduce any potential impacts to a level that is less than significant with implementation of Mitigation Measure C-3: C-3: If fossil resources are encountered during any ground -disturbing activity, all work must stop and a qualified paleontologist must recover, examine, and identify the specimen(s), prepare the fossils for permanent curation at an accredited museum repository, and fully document the finding. If earthwork is at depths of 5 feet or more below existing grade where pleistocene-age sediments and/or fossils may exist, a program of monitoring by the project proponent for all further excavation or grading activities must be developed and implemented by a qualified paleontologist. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact d) Would the project disturb any human remains, including those interred outside of formal cemeteries? El LI The review of historic aerial photographs and plat maps did not reveal evidence of cemeteries in the project area. A search of the Sacred Lands files by the NAHC identified resources in the vicinity of the project. The nature of these resources was not specified as this information would be obtained during consultation with specific Native American groups. Impacts to unknown subsurface resources would be avoided with the implementation of Mitigation Measure C-4: C-4: If human remains of any kind are found, all construction activities must cease immediately and the Riverside County Coroner and a qualified archaeologist must be notified. If the coroner determines the remains to be of Native American origin, he or she will notify the NAHC. The Tetra Tech, Inc. 4-17 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITI.AL STUDY NAHC will then identify the most likely descendants to be consulted regarding treatment and/or reburial of the remains. 4.6 GEOLOGY AND SOILS Information in this section has been summarized from geological and geotechnical investigations performed by Sladden Engineering (2009). The project site is located within a seismically active region in Southern California. The principal source of seismic activity is movement along the north-west trending regional fault systems such as the San Andreas, San Jacinto and Elsinore fault zones. The project is located in the San Jacinto Valley southwest of the San Jacinto River. The San Jacinto Valley is a relatively flat -lying depositional surface surrounded by hills and mountains. The valley is divided on the east by an alluvial filled fault bounded graben or trough, on the west by a broad alluvial mesa also known as a bajada that slopes to the east. The northwest trending graben is bounded on the east by the main trace of the San Jacinto fault that forms the east margin of the valley and on the west by the Casa -Loma segment of the San Jacinto fault. Each fault is a portion of the San Jacinto Fault Zone Complex (Figure 3). The site is located within the San Jacinto groundwater sub -basin and groundwater depths at the site were observed at depths of 9 to 32 feet below ground surface during the geotechnical investigation by Sladden Engineering (2009). Tetra Tech, Inc. 4-18 April 2009 pxw'sl nejy(emele9-I.06MSIDVX LEGEND Fault - accurately located Alquist-Priolo Earthquake — Hazard Zone LLL,1 Proposed Project Area APN 430-100-017 Surface Geology Qov Qyv Qyv1 Old alluvial -valley deposits Young alluvial -valley deposits Young alluvial -valley deposits, Unit 1 APN 430-100-017 Figure 4 Regional Geology Associated with the Gateway Corporate Center San Jacinto, California 92582 �}.l TETRA TECH GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY a) Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ■ Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact ii) Strong seismic ground shaking? 0 Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact iii) Seismic -related ground failure, including liquefaction? ❑ ® ❑ ■ Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact iv) Landslides? As illustrated in Figure 3, the Casa Loma fault is west of the project site. The Casa Loma fault forms a prominent northeast -facing scarp on -site that is a normal fault with little evidence of lateral displacement. During the 2009 geotechnical study, elongated, sub -parallel surface cracks and sinkhole -like features were observed near the base of the Casa Loma fault scarp located west of the project site (Sladden Engineering 2009). These features generally correspond to the mapped trace of the Casa Loma fault. Similar surficial features in the vicinity of the site consisting of vertical creep offset and damage to Ramona Expressway have also been observed. Although the project area is outside the Alquist-Priolo fault off -set zone for the portion of the Casa Loma fault that trends west of the site, the site and project area will likely experience strong seismic shaking during the design life of the project. As the project site is located both within an area of tectonic down -faulting and groundwater withdrawal related compaction, Tetra Tech, Inc. 4-20 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY the risks associated with primary and secondary surface rupture during a seismic event is considered to be high (Sladden Engineering 2009). Liquefaction is the process in which loose, saturated granular soil loses strength as a result of cyclic loading. The strength loss is a result of a decrease in granular soil volume and a positive in increase in pore pressure. Based on estimates in the geotechnical study, the risks associated with liquefaction at the site and for the project are considered to be high. Without proper mitigations, the project has the potential to expose people or structures to the risk of loss, injury or death involving strong seismic ground shaking or liquefaction. However, impacts to the project would be avoided with implementing the following Mitigations G-1 and G-2: C-1: All grading shall be performed in accordance with the grading ordinance of the City of San Jacinto. The following activities will occur as part of the grading and site preparation: • During site clearance any existing vegetation, structures, abandoned utilities or irrigation lines will be removed and disturbed soils removed and replaced as controlled compact fill under the direction of the Soil Engineer. • For the preparation of building and foundation areas, soils in the project area will be over - excavated to a depth of at least 5 feet below existing grade or 5 feet below the bottom of the footings, which ever is deeper. The exposed soil will be scarified to a depth of least 1 foot; moisture conditioned and recompacted to at least 90 percent relative compaction. The excavated soils can then be replaced as engineered fill. • For the placement of compacted fill within the building pad areas, fill materials will be placed in thin lifts and compacted at near optimum moisture content to a minimum of 90 percent relative compaction. The project Soil Engineer will be notified at least 48 hours in advance of importing soil in order to provide sufficient time for the evaluation of any proposed import materials. • All surfaces to receive asphalt and concrete pavement or exterior concrete slab -on -grade should be undertaken by a minimum compacted fill thickness of 12 inches. • During grading, tests and observations should be performed by the Soil Engineer or his representative to verify that the grading is being performed in accordance with the project specifications. Field density testing shall be performed in accordance with applicable ASTM test standards. Tetra Tech, Inc. 4-21 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY G-2: For project implementation, the following design criteria are summarized from the Sladden (2009) geotechnical report: • Footings placed on properly compacted soil for project -related structures will extend at least 18 inches beneath lowest adjacent grade. Isolated square or rectangular footings at least 2 feet square may be designed using an allowable bearing pressure of 1,500 pounds per square foot. Continuous footings at least 12 inches wide may be designed using a load bearing value of 1,800 pounds per square foot. The allowable bearing pressures may be increased by 200 pounds per square foot for each additional one foot of width and 250 pounds per square foot for each additional 6 inches of depth. • Because of the presence of variable soils at the site and project area that include "low" and "medium" expansion category surface soil, special expansive soil design criteria may be a controlling factor in the design of foundations and concrete slab -on -grade. Liquefaction related differential settlement must be considered when designing the project. In accordance with the California Uniform Building Code (1997), future buildings and slabs -on -grade associated with the project will be designed in accordance with provisions with the California Uniform Building Code, based on "post -grading" expansion test results. • All surfaces to receive concrete slabs -on -grade will be underlain by a minimum compacted non -expansive fill thickness of 12 inches. Reinforcement of slabs -on -grade in order to resist expansive soil pressure may be necessary. • All paving will be underlain by a minimum compacted fill thickness of 12 inches (excluding aggregate base). Deep-seated seismically -induced landslides are not anticipated to pose a danger to the project due to the flat nature of the site. No impacts to the project are expected to occur from landslides. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact b) Would the project result in substantial soil erosion or the loss of topsoil? E El The proposed project would not cause soil erosion or loss of topsoil. Construction would be avoided during Santa Ana winds to prevent soil loss from wind. Water applied by water trucks would be used to control dust and further prevent loss of soils from wind. Best management practices (BMPs) to control water erosion would be undertaken. A stomiwater pollution prevention plan (SWPPP) would be prepared Tetra Tech, Inc. 4-22 Apr i12009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY in advance of any earthwork activities in associated with the project. The project proponent would be required to apply and receive a National Pollutant Discharge Elimination System (NPDES) permit to ensure compliance with local and state requirements to control runoff and soil erosion (see Section 4.8 of this analysis). With mitigations derived from the SWPPP incorporated in the project, no impacts to this resource would occur from this project. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact c) Would the project disturb any human remains, including those interred outside of formal cemeteries? ❑ 4 No known human burial sites are located within the project site. No formal cemeteries are located on the site or within the proximity of the site. No impacts to this resource would occur. Refer to Mitigation C-4 for Cultural Resources in the unlikely event that human remains are found during construction. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact d) Would the project be located on expansive soil, as defined in Table 18-I-B of the Uniform Building Code (1997), creating substantial risks to life or property? ❑ Based on Expansion Index testing of select soil samples collected during the 2009 geotechnical study at the site, the soils at the site are judged to have a low to medium expansion potential (Sladden Engineering 2009). With mitigations incorporated as described earlier and in the geotechnical study prepared for this project, no impacts to this resource would occur from this project. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact e) Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in onsite or offsite landslide, lateral spreading, subsidence, liquefaction or collapse? Tetra Tech, Inc. 4-23 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACFNTO, CALIFORNIA DRAFT INITIAL STUDY The estimated historic and present groundwater levels at the site in conjunction with loose condition of silty sand layers, there is the potential for liquefaction impacting the site during a major seismic event on the near -by Casa Loma fault (Sladden 2009. With mitigations incorporated identified as G-1 and G-2 in Section 4.6 of this document and in the geotechnical study prepared for this project, no impacts from this resource would occur to the project. 4.7 _HAZARDS AND HAZARDOUS MATERIALS The site is undeveloped agricultural lands. No known hazards or hazardous materials are present on the site. The proposed project would not be impacted by any known hazards or hazardous materials. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact a) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? — — — b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the — — environment? The proposed project would not create significant hazards to the public or environment. No impacts would occur. Future construction of the project would require the use of hazardous materials, such as diesel fuel. The transport of hazardous materials is regulated by the State and would be in compliance with all State regulations. In addition, the proponent would be required to have a SWPPP in place specifying spill prevention and BMPs that may include creation of an on -site spill prevention plan implemented during construction such that potential impacts would result in a less than significant impact. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? El No schools are located within the vicinity of the site. No impacts would occur. Tetra Tech, Inc. 4-24 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT NO. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact d) Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? . 12 A review of the Envirostor database sponsored by the Department of Toxic Substance Control (DISC) for any registered hazardous waste sites at the project site was conducted (http://www.envirostor.dtsc.ca.go.v_). This web page allows for the search for properties regulated by DISC where extensive investigation and/or cleanup actions are planned or have been completed at permitted facilities and clean up sites. In addition, the site has been under agricultural practices. While not a Recognizable Environmental Condition, certain pesticides may have been used and long term residuals of those chemicals may be present. Soil sampling for certain pesticides such as DDT may be necessary if soils will be transported off -site during excavation. The project site was not listed in the EnviroStor data base and no impact would occur. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? The project is not located within an airport land use plan or within two miles of a public airport or public use airport. No impact would occur. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? ■ ■ ■ No private airstrip exists near the project area. No impact would occur. Tetra Tech, Inc. 4-25 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT NO. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact g) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? ® C ■ No impact to the City of San Jacinto emergency response plans or evacuation plans are anticipated from the proposed project. The City of San Jacinto maintains a current Emergency Preparedness Plan that identifies resources available for emergency response and establishes, coordinates action plans for specific emergency situations and disasters (City of San Jacinto General Plan 2006). During future construction of the project, an evaluation of project equipment stored on the site, any affected lanes of traffic or other access points to the project site would be identified as part of the project plan check to reduce potentially significant impacts from the project to the City of San Jacinto's Emergency Preparedness Plan. Implementation of the proposed project would be consistent with the Emergency Preparedness Plan. As a result, a less than significant impact would occur. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact h) Would the project expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? C ■ 10. The eastern and western hillsides located within the City of San Jacinto planning area are largely undeveloped and are considered High Fire Hazard Areas (City of San Jacinto General Plan 2006). The proposed project is not located adjacent to or near these areas. No impact would occur. Tetra Tech, Inc. 4-26 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT NO. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY 4.8 HYDROLOGY AND WATER QUALITY The project is located in the City of San Jacinto that is part of the San Jacinto River watershed.. Runoff from the site drains to the San Jacinto River to the north, then to Canyon Lake and ultimately to Lake Elsinore to the west. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact a) Would the project violate any water quality standards or waste discharge requirements? E n ■ The project would require a SWPPP in support of an NPDES permit in connection with construction activities. Best management practices such as the use of silt fencing or straw wattles/sand bags may be identified in the SWPPP to control on -site surface run-off of storm water and sediment during construction. Completion of the project would improve water quality as sediment erosion would be controlled and sediment movement off -site would be reduced by the completion of on -site surface water management systems (i.e., storm drains and culverts) and the use of underground infiltration units to provide for temporary storage of surface water that would be allowed to infiltrate naturally. With mitigations derived from the SWPPP incorporated in the project, no impacts to this resource would occur from this project. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact b) Would the project substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? ■ ■ ■ The proposed project would require water resources for construction and implementation. Water for the project area is provided primarily through water pumped from groundwater wells in the City of San Jacinto plus the City of Hemet that are managed by the Eastern Municipal Water District (EMWD) (City of San Jacinto General Plan 2006. The City of San Jacinto also purchases blends of imported water for distribution. Eastern Municipal Water District has anticipated development of the commercial sector with Tetra Tech, Inc. 4-27 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY commercial demands accounting for approximately five percent of water sales in 2005 with an increase of up to eight percent (Eastern Municipal Water District 2005). As demand for water usage in the region is anticipated, EMWD has planned for future development by actively pursuing completion of new facilities and sources of water to augment current supply (Eastern Municipal Water District 2005). Development of the site and adjacent areas to the site has been considered as part of regional development of areas they serve. As a result, a less than significant impact would occur to water supplies by the implementation of the proposed project.. Tetras Tech, Inc. 4-28 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT NO. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on- or offsite? ■ ■ A The project would not alter any existing drainages. On -site surface run-off of water would be contained directed by culverts and drains that are part of the proposed project in sub -surface detention facilities or underground infiltration units. Surface run-off of water resulting from storm events would be temporarily collected in underground infiltration units and allowed to infiltrate into the soil. As a result, no impacts would occur. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact d) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or offsite? n E. ■ The project would not alter drainage patterns associated with the area. No increases to the rate or amount of disrupted surface water run-off would occur from the proposed project. Flooding on -site or off -site would be prevented by the use of on -site culverts and drains that are part of the proposed project to direct stormwater into sub -surface detention facilities or underground infiltration units. Surface run-off of water resulting from storm events would be temporarily collected in underground infiltration units and allowed to infiltrate into the soil. As a result, no impacts would occur. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact e) Would the project create or contribute runoff water,El which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? ■ Tetra Tech, Inc. 4-29 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT NO. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY The proposed project would require a SWPPP that will describe BMPs to be implemented that would control and reduce on -site sources of polluted run-off. Implementation of BMPs such as the use of silt fencing or straw wattles/sand bags to control sediments or pollutants during construction would reduce impacts to less than significant. The project once implemented, would have an on -site stormwater management system consisting of culverts and drains that would control run-off and reduce impacts to a less than significant impact. The on -site stonnwater management system would direct run-off to underground infiltration units where stonnwater would be temporarily collected and allowed to infiltrate soil. As a result, no impact would occur. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact f) Would the project otherwise substantially degrade water quality? C C ® ■ The proposed project would have an on -site stonnwater management system to contain stonnwater on site not cause a degradation of water quality. The on -site stonnwater management system would direct run- off to underground infiltration units where stonnwater would be temporarily collected and allowed to infiltrate the soil. On -site generated run-off water would be contained on site and no degradation of water quality associated with off -site water bodies (e.g. the San Jacinto River) would occur. As a result, a less than significant impact would occur. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact g) Would the project place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? ■ ■ The project is located within a 100-year flood hazard area. (Federal Emergency Management Agency, 1996). Based on a review of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps for the site, the site is located within an area subject to a 100-year flood where base flood elevations and flood hazard factors have not been determined. Without proper mitigations, the project has the potential to expose people or structures to the risk of loss, injury or death during a flooding event. While the proposed project does not include development of housing, construction and design would be Tetra Tech, Inc. 4-30 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT NO. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY completed based on base flood elevations that have been determined for the area in a flood plain modeling study (HEC-RAS) prepared for the project by the project engineer. The buildings and structures associated with the proposed project would be constructed as required by the California Uniform Building Code (CUBC) (1997) for special construction in an area prone to flooding. In conjunction with a determination of the base flood elevation for the site, the CUBC provides criteria and constraints for building that would be incorporated into the engineering design for the proposed project. The City of San Jacinto building standards would also be incorporated into the project design. Significant impacts would be avoided by implementing special construction measures identified in the CUBC and the City of San Jacinto. A less than significant impact would occur. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact h) Would the project place within a 100-year flood hazard area structures that would impede or redirect flood flows? C El ® ■ The project is located within a 100-year flood hazard area. A less than significant impact would occur with the incorporation special building standards for flood zones specified in the CUBC. The project would be built with consideration of the determined base flood elevation in the case of a flood event. The project would be built such that potential flooding events that could include associated with the region would not be impeded or redirected by the project. As a result, a less than significant impact would occur. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact i) Would the project expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or darn? ❑ „ ■ The project is located within a 100-year flood hazard area. Levees associated with the San Jacinto River found north of the site have the potential to fail. A less than significant impact would occur with the Tetra Tech, Inc. 4-31 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY incorporation special building standards for flood zones specified in the California Uniform Building Code (CUBC). Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact j) Would the project inundation by seiche, tsunami, or mudflow? Because the site is located inland, the risk of tsunamis and mudflow is considered negligible. Seiches occur as a series of standing waves induced by seismic shaking or landsliding into an impounded body of water. Seiches are not considered to be a potential hazard to the site. No impacts would occur. 4.9 LAND USE AND PLANNING The project site is identified as APN 430-100-017 and is an approximately 43.7-acre property which is currently vacant and is zoned as Light Manufacturing (M-1). The rectangular -shaped site is bounded by Ramona Expressway to the north, Cawston Avenue to the east, and the Casa Loma Siphon that is part of the Colorado Aqueduct system is south of the site. An undeveloped parcel is found to the west of the site. The project would be to develop 13-acres of the 43.7-acre parcel located at the southwest corner of Cawston Avenue and Ramona Expressway. Proposed development includes building an 88,233-square foot three-story hotel, a 10,140-square foot restaurant and 31,500-square feet of retail space in four buildings plus all associated infrastructure (Figure 4). The project also proposed is a General Plan Amendment for the 13-acre project to change the current Specific Plan designation to Community Commercial. Zoning associated with the project is proposed to change from Light Manufacturing (M-l) to General Commercial (C-2). The southern part of the project is located within the City of San Jacinto's preferred alignment for the Mid -County Parkway (MCP). Construction of the project is anticipated to start in 2009 and to be completed in 2010. The City of San Jacinto is processing a Conditional Use Permit (CUP 15-08) for this project. A Conditional Use Permit allows the governing entity to consider special uses that may be essential or desirable for the community but which are not allowed as a matter or right within a zoning district, through a public hearing process. A Condition Use Permit can provide flexibility within a zoning ordinance. Approval from the City of San Jacinto for the General Plan Amendment, zoning change, and Conditional Use Permit are required. The proposed change in land use is consistent with land uses identified in the general area. Tetra Tech, Inc. 4-32 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. l 5-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact a) Would the project physically divide an established community? D El The proposed project involves a change in zoning of the site. No established communities are found at the site or in adjacent areas to the site. No impact would result. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact b) Would the project conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for ❑ ❑ ■ the purpose of avoiding or mitigating an environmental effect? The proposed rezoning of the project is consistent with the plans, policies, and regulations established in the general plan and zoning ordinance associated with the City of San Jacinto. The proposed General Plan Amendment would change the current zoning of the site from Light Manufacturing (M-1) to General Commercial (C-2). The General Plan for the City of San Jacinto identifies the project area as part of the Gateway Planning Area. Based on a conversation with the City of San Jacinto, developers in this area are required to provide Specific Plans for proposed development (D. Clayton personal communication 08 April 2009). The City has determined that the subject project will not require a specific plan. Land use issues are addressed through the General Plan Amendment and zone change process. Tetra Tech, Inc. 4-33 April 2009 S12 0 49, 100 I1 RAMONA" EXPRESSWAY-- PAD B 6,000 SF woman i n?nau111 200 SCALE IN FEET PAD C 7,500 SF 2,000 SF RESTAURANT 10,140 SF 1111 1111 die ,i1 �_ �` - •.� war—..VN 7. t as APN 430-100-017 St Figure 5 Proposed Development of the Gateway Corporate Center San Jacinto, California 92582 ® TETRA TECH GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN .IACINTO, CALIFORNIA DRAFT INITIAL STUDY Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact c) Would the project conflict with any applicable habitat conservation plan or natural community conservation plan? �� The site is within the Riverside County MSIICP. The City of San Jacinto is now i nplementing this plan which allows for the establishment of a simple and uniform mechanism for m'tigating the effect of development through payment of a Local Development Mitigation Fee. Impacts to biological resources from the proposed project would be evaluated against standards specified in the MSHCP. No impacts are expected to occur. Refer to Section 4.4, Biological Resources, for further discussion of this issue. 4.10 MINERAL RESOURCES No portion of the City of San Jacinto planning area is located within a significant mineral resource area as identified on maps prepared by the Department of Conservation Division of Mines and Geology (Kohler 2006). Sand and gravel and limestone resources can be found in the eastern portion of the City of San Jacinto planning area, east of the San Jacinto River (City of San Jacinto General Plan 2006). The most significant mineral extraction operation in the planning area was the 160-acre Quandt Borrow Pit that is no longer in operation. Based on information provided by the Department of Conservation Division of Mines and Geology for the region, the project site has the potential for having a less than significant source of aggregate resources. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact a) Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Would the project result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? The proposed project would not result in the loss of availability of locally -important mineral resource. No impacts would occur. Tetra Tech, Inc. 4-35 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY 4.11 _NOISE An acoustical analysis was performed by RK Engineering Group, Inc. (2009a) to assess the off -site generated noise impacts to the proposed residential conununity adjacent to the project site as well as impacts from off -site generated noise to the implemented project. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact a) Would the project result in exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? n b) Would the project result in exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? El c) Would the project result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) Would the project result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? n ® n e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? n ■ ❑ -' During construction, noise would be generated from the use of heavy construction equipment. The peak noise level for most of the equipment that would be utilized during construction of the project would be approximately 70 to 70 decibel A -weighted (dBA) at a distance of 50 feet from the sources. There are no existing sensitive receptors near the project site. The closest receptor to any noise would be the residence associated with the dairy farm found approximately one-half a mile east of the site. A worse -case scenario for noise from construction ranges from 67.7 to 73.0 dBA Equivalent Noise Level (Lett) at a distance of 200 feet (RK Engineering 2009b). No sensitive receptors are located near the project site. No significant impact would occur. Tetra Tech, Inc. 4-36 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY The use of construction equipment is allowed between the hours of 7:30 AM to 6:00 PM on weekdays (City of San Jacinto General Plan 2006). The project does not propose construction before or after these hours and, as a result, a less than significant impact would occur. Even though noise impacts are not expected to be significant, Mitigation Measure N-1 will be implemented during construction to further minimize any noise impact. N-1: During construction, all construction equipment will be equipped with appropriate noise attenuating devices. Idling equipment will be turned off when not in use. Equipment will be maintained so that parts of vehicles and their loads are secured form rattling and banging. A roadway analysis was completed based on current and future average daily traffic volumes along Ramona Expressway adjacent to the project area (RK Engineering 2009b). The results indicate that the project site will experience noise levels of approximately 59.0 to 69.2 dBA Community Noise Equivalent Level (CNEL) at a distance of 100 feet from the roadway. Community Noise Equivalent Level (CNEL) measurements are a weighted average of sound levels gathered throughout a 24-hour period that is essentially a measure of ambient noise. Three of the four entrance points for traffic to the project site would be via Cawston Avenue. The proposed project would increase noise levels along Cawston Avenue by more than 5 dBA CNEL over current baseline conditions. This impact is considered less than significant as the noise levels along Cawston Avenue will remain under the City of San Jacinto threshold of 65 dBA CNEL (City of San Jacinto General Plan 2006). Roadway noise levels associated with the Ramona Expressway will increase in the future approximately 0.3 to 0.5 dBA CNEL. The proposed project will not generate a substantial increase in the roadway ambient noise levels in excess of the City of San Jacinto's regulatory standards. To ensure that noise impacts to users of the proposed project are minimized, Mitigation Measure N-2 shall be implemented. N-2: The City of San Jacinto's interior noise standard of 45 dBA CNEL would be exceeded when windows associated with on -site facilities are closed. A final acoustical analysis will be performed prior to issuance of building permits and noise mitigations for indoor noise abatement will be installed to meet city standards for indoor noise. Tetra Tech, Inc. 4-37 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY 4.12 _POPULATION AND HOUSING The project would be located in the City of San Jacinto. As of the 2000 census, the total population in the City of San Jacinto was 28,479 (City of San Jacinto General Plan 2006). The population of the City of San Jacinto has been estimated in 2007 at 37,215 (United States Census Bureau 2008). Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact a) Would the project induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? The project would require a General Plan Amendment for the 13-acre project to change the current Specific Plan designation to Community Commercial. Zoning associated with the project is proposed to change from Light Manufacturing (M-1) to General Commercial (C-2). The southern part of the project is located within the City of San Jacinto's preferred alignment for the Mid -County Parkway (MCP). The proposed project would not cumulatively exceed official regional or local projections or induce substantial growth in the area, either directly or indirectly. The proposed change in zoning would be consistent with adjacent land uses. The project would require development of Cawston Avenue plus infrastructure (e.g., new water lines). As the proposed project is consistent with current adjacent land uses, and is comparable to the level of development that would be allowed with current land use designations, no substantial growth inducement in the area other than what has been projected would occur. A less than significant impact would occur. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact b) Would the project displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? The project site is currently undeveloped land formerly used for agriculture. No residences are found on the site or in adjacent areas to the site. No impact would occur. Tetra Tech, Inc. 4-38 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT NO. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact c) Would the project displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? IA No people would be displaced as a result of the proposed project. No impact would occur. 4.13 .PUBLIC SERVICES Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: • Fire Protection? • Police Protection? • Schools? • Parks? • Other Public Facilities? E. The proposed project would require public services such as fire and police protection or other public facilities. Current law enforcement for the City of San Jacinto is contracted to the Riverside County Sherriff Department. Appropriate fees would be paid by the project proponent to ensure proper fire and law enforcement services are available. Fire protection for the City of San Jacinto is coordinated with the Riverside County Fire Department. As this project is consistent with development goals for the City of San Jacinto, existing public services would be ensured through fee payment and would be at adequate levels to support this project. No new facilities for fire protection, police protection, or other public facilities would be required. A less than significant impact would occur. 4.14 RECREATION The proposed project would not create recreational facilities on site. No increase uses of existing regional parks and recreational facilities would occur. No neighborhood or regional parks are found on the site or in the general vicinity of the site. Tetra Tech, Inc. 4-39 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT NO. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 11 b) Does the project include recreational facilities or require the construction or expansion or recreational facilities, which might have an adverse physical effect on the environment? El The proposed project would not include recreational facilities on site. No impacts would occur. 4.15 .TRANSPORTATION/TRAFFIC The project site would be located at the southwest corner of Ramona Expressway and Cawston Avenue in the City of San Jacinto. A traffic impact analysis to evaluate the proposed project for potential impacts of the project to traffic circulation was performed (RK Engineering Group, Inc. 2009c). The proposed project would have one right in/out only access point on Ramona Expressway and one full access plus two right in/out access points on Cawston Avenue. Seven existing and future intersections within the project's sphere of influence were included in the traffic study. These intersections are as follows: • Warren Road and Ramona Expressway; • Cawston Avenue and Ramona Expressway; • Sanderson Avenue (South Bound Ramps) and Gilman Springs Road; • Sanderson Avenue (North Bound Ramps) and Gilman Springs Road; • Sanderson Avenue and Ramona Expressway; • Sanderson Avenue and Ramona Boulevard; and • North Project Access and Ramona Expressway. The City of San Jacinto requires a Level of Service "D" or better during peak hours (RK Engineering Group, Inc. 2009c). The definitions of Level of Service (LOS) for uninterrupted flow (flow unrestrained by the existence of traffic control devices) are as follows: • LOS "A": Excellent, represents free flow, light volumes. • LOS "B": Very good, free to stable flow, light to moderate volumes. • LOS "C": Good, stable flow, moderate volumes, freedom to maneuver noticeably restricted. Tetra Tech, Inc. 4-40 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY • LOS "D": Fair, approaches unstable flow, moderate to heavy volumes, limited freedom to maneuver. • LOS "E": Poor, extremely unstable flow, heavy volumes, maneuverability and psychological comfort extremely poor. • LOS "F": Failure, forced or breakdown conditions, slow speeds, tremendous delays with continuously increasing queue lengths. For existing traffic conditions, all intersections studied are currently operating at a LOS D or better except for the following intersections. Cawston Avenue is a dirt road with no vehicular volumes. • Sanderson Avenue (South Bound Ramps) and Gilman Springs Road; • Sanderson Avenue (North Bound Ramps) and Gilman Springs Road; and • Sanderson Avenue and Ramona Expressway. For the projected traffic associated with the proposed project, vehicle trip generation was calculated based on published rates provided in the Institute of Transportation Engineer's "Trip Generation, 8`h edition." Based on published rates the proposed development is estimated to generate a total of 4,314 net trip -ends per day with 143 net vehicles per hours during the AM peak hour and 366 vehicles per our during the PM peak hour (RK Engineering Group, Inc. 2009c). The cumulative project impacts on traffic considered the projected traffic with traffic conditions in 2010 when the project would be complete. To account for area wide growth on roadways, future traffic volumes have been calculated based on a three percent annual growth rate of existing traffic volumes over a one-year period for the traffic counts taken as part of this study. Other known projects in the area of the proposed project were also considered as part of this study. At the completion of the proposed project in 2010, project specific and cumulative traffic conditions at the study area intersection are expected to operate at LOS D or better during peak hours except for the following intersections. • Cawston Avenue and Ramona Expressway; • Sanderson Avenue (South Bound Ramps) and Gilman Springs Road; • Sanderson Avenue (North Bound Ramps) and Gilman Springs Road; and • Sanderson Avenue and Ramona Expressway. Tetra Tech, Inc. 4-41 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact a) Would the project cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? El ■ Without mitigations, the proposed project would cause an increase in traffic. With mitigations indicated in the 2009 RI( Engineering Group, Inc. analysis, unacceptable operation levels would be improved to acceptable conditions of LOS D. Although the proposed project would not be solely responsible for the failure of the study area intersections, the following mitigations would reduce impacts from traffic to a less than significant level. T-1: Due to impacts to the anticipated traffic circulation from the project, a series of recommendations as provided in the 2009 RK Engineering Group, Inc. report as implemented by the project proponent will reduce impacts to traffic circulation in the area to less than significant. They include the following mitigations: • Complete half -section street improvements for Ramona Expressway and Cawston Avenue, adjacent to the project; • Install a traffic signal at Ramona Expressway and Cawston Avenue; • The intersection of Ramona Expressway and Cawston Avenue will require an eastbound right turn lane on Ramona Expressway due to high speeds on the segment adjacent to the site; • The north project access will also require an eastbound right turn deceleration lane due to high speeds on Ramona Expressway; • Participate in the phased construction of off -site traffic signals through payment of Transportation Uniform Mitigation Fees (TUMF) as detailed by the City of San Jacinto; • The lane geometry associated with Ramona Expressway that will be matched at Ramona Expressway and Cawston Avenue; • Construct a circulation system associated with the project; • The City of San Jacinto should conduct a period review of traffic operations in the vicinity of the project once the project is complete to ensure that traffic operations are satisfactory; • Traffic signing/striping will be implemented in conjunction with detailed construction plans for the site; and Tetra Tech, Inc. 4-42 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT NO. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY • Install stop signs, stop bars, and stop legends at all project access points. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact b) Would the project exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? ❑ The proposed project would cause an increase in traffic. With traffic mitigations incorporated as described previously, traffic would operate a LOS D and impacts would be less than significant. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact c) Would the project result in a change in air traffic including either an increase in traffic levels or a change in location that results in substantial safety risks? IIIpatterns, The proposed project would not cause an increase in traffic. No impacts would occur. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact d) Would the project substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? ■ With mitigations that incorporate improvements for Ramona Expressway and Cawston Avenue as detailed in mitigation T-1 and the 2009 RI( Engineering Group, Inc. report, no hazards associated with design features would occur. With traffic mitigations incorporated as described previously in this section, impacts would be less than significant. Tetra Tech, Inc. 4-43 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact e) Would the project result in inadequate emergency access? U El During construction, access and egress points from the site would be identified to allow emergency access or egress as part of project implementation. No impacts would occur. No lane closures or access restrictions would occur from the proposed project. No impacts would occur. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact f) Would the project result in inadequate parking capacity? u The proposed project includes adequate parking for the proposed facilities. Figure 4 illustrates these features. No impact would occur. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact g) Would the project conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? 11 The proposed project would not conflict with adopted policies, plans, or programs supporting alternative transportation. No impact would occur. 4.16 .UTILITIES AND SERVICE SYSTEMS The project would develop 13 acres of the 43.7 acre parcel located at the southwest corner of Cawston Avenue and Ramona Expressway. Proposed development includes building an 88,233-square foot three- story hotel, a 10,140-square foot restaurant and 31,500-square feet of retail space in four buildings plus all associated infrastructure. Also proposed is a General Plan Amendment for the 13-acre project to change the current Specific Plan designation to Community Commercial. Zoning associated with the project is proposed to change from Light Manufacturing (M-1) to General Commercial (C-2). Existing gas and electric utilities are found adjacent to the site. Sewer and water plans for the proposed project have been Tetra Tech, Inc. 4-44 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY approved by EMWD. The project proponent would be required to build the sewer and water lines that would serve the project facilities. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact a) Would the project exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? ® U The proposed project would require wastewater treatment associated with on -site sanitary systems completed for each facility. Wastewater generated by the proposed project would be treated by EMWD. Consistent with the General Plan for the City of San Jacinto, EMWD has current capacity to treat wastewater generated by the proposed development (City of San Jacinto General Plan 2006). The City of San Jacinto has committed to work with EMWD to provide water collection, treatment, and disposal systems to adequately serve existing and future development in San Jacinto that would include development of the proposed project (Eastern Municipal Water District 2005). Thus, less than significant impact would occur. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant 1 Impact No Impact b) Would the project require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No new or altered water or wastewater treatment facilities would be required as a result of the proposed project. No impact would occur. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact c) Would the project require or result in the construction of new stormwater drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? El Tetra Tech, Jnc. 4-45 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT NO, 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY The proposed project would require on -site stormwater drainage facilities. The project once implemented, would have an on -site stormwater management system consisting of culverts and drains that would control run-off and reduce impacts to a less than significant impact The on -site stormwater management system would direct run-off to underground infiltration units where stormwater would be temporarily collected and allowed to infiltrate soil. As a result, a less than significant impact would occur. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact d) Would the project have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? ❑ '-, Water plans for the proposed project have been approved by EMWD. No new or expanded water supplies would be needed to implement the proposed project. A less than significant impact would occur. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact e) Would the project result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? r 111 As provided for in the General Plan (2006), the City of San Jacinto has committed to work with EMWD to provide water collection, treatment, and disposal systems to adequately serve existing and future development in San Jacinto that would include water treatment demands from the proposed project.. A less than significant impact would occur. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact t) Would the project be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? I� Tetra Tech, Inc. 4-46 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT NO. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY The Lamb Canyon Landfill is an active landfill that has sufficient permitted capacity to accommodate any solid waste generated during construction and operations of the project (City of San Jacinto General Plan 2006). As indicated in the general plan (2006), Lamb Canyon Landfill has been projected to meet future needs identified by the City of San Jacinto. A less than significant impact would occur. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact g) Would the project comply with federal, state, and local statutes and regulations related to solid waste? Waste generated by the proposed project during construction would be disposed of in accordance with federal, state, and local statutes and regulations. Upon completion of the project, the commercial development would generate solid waste but regulations as per the City of San Jacinto for refuse disposal and recycling are in place such that impacts on solid waste would be less than significant Tetra Tech, Inc. 4-47 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY 4.17 MANDATORY FINDINGS OF SIGNIFICANCE Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? ® ❑ The project has the potential to affect air quality, cultural resources, geology and soils, noise and traffic as previously discussed. Mitigation measures provided for these resources would reduce impacts to a less than significant level. Less than Significant Potentially with Less than Significant Mitigation Significant No Impact Incorporation Impact Impact b) Does the project have impacts that are individually limited, but cumulatively considerable? ® ❑ ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? The project would not have significant effects with the incorporation of mitigation measures identified in this Initial Study. Cumulative impacts are not anticipated to be significant. Potentially Significant Impact Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? U Adverse effects of the project would be less than significant with the incorporation of mitigation measures identified in this Initial Study. Tetra Tech, Inc. 4-48 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY 5.0 NEGATIVE DECLARATION GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT NO. 15-08, SAN JACINTO, CALIFORNIA Lead Agency: City of San Jacinto Community Development Department 595 South San Jacinto Avenue San Jacinto, California 92583 Contact Person: David Clayton (951) 487-7326 Project Location: The proposed project is located at the southwest corner of Ramona Expressway and Cawston Avenue, San Jacinto, California. The project site is identified as Assessor Parcel Number (APN) 430-100-017 and is an approximately 43.7-acre property which is currently vacant and is zoned as Light Manufacturing (M-1). The rectangular -shaped site is bounded by Ramona Expressway to the north, Cawston Avenue to the east, and the Casa Loma Siphon that is part of the Colorado Aqueduct system is south of the site. An undeveloped parcel is to the west of the site. The proposed project is located in Section 18, T4S, R1W, SBBM of the Lakeview 7.5-minute quadrangle (USGS 1967, Revised 1979). Based on the topographic map, the property is located at approximately 1,450 feet above mean sea level. The regional topographic gradient in the area is toward the northwest. A project location map is provided in Figure 1. Project Description: The project consists of a Conditional Use Permit that is in process with the City of San Jacinto to develop 13 acres of the 43.7 acre parcel located at the southwest corner of Cawston Avenue and Ramona Expressway. Proposed development includes building an 88,233-square foot three- story hotel, a 10,140-square foot restaurant and 31,500-square feet of retail space in four buildings plus all associated infrastructure. The project also proposed is a General Plan Amendment for the 13-acre project to change the current Specific Plan designation to Cornrnunity Commercial. Zoning associated with the project is proposed to change from Light Manufacturing (M-1) to General Commercial (C-2). The southern part of the project is located within the City of San Jacinto's preferred alignment for the Mid - County Parkway (MCP). Construction of the project is anticipated to start in 2009 and to be completed in 2010. Figure 2 illustrates the proposed project area. Proposed Finding: Based on the information contained in the Initial Study, the City of San Jacinto finds that there would not be a significant effect to the environment from the proposed project. Tetra Tech, Inc. 5-1 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT NO. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY 5.1 _MITIGATION MEASURES INCORPORATED INTO THE PROJECT TO AVOID SIGNIFICANT EFFECTS: Proposed Finding: Based on the information contained in the attached Initial Study, the City of San Jacinto finds that there would not be a significant effect to the environment from the proposed project because the mitigation measures described herein would be incorporated as part of the project. Mitigation Measures Incorporated into the Project to Avoid Significant Effects: Air Ouahty The responsible entity for these mitigation measures is the project proponent. To minimize air quality impacts associates) with construction of the proposed project, the project proponent will implement the following mitigation measures. A-1: The project proponent shall comply with the following mitigation measures to reduce impacts from construction equipment. • Construction equipment shall be maintained in proper tune; • Gasoline or electricity powered equipment instead of diesel powered equipment shall be used whenever possible; • Use of heavy equipment shall be suspended during first stage smog alerts; • All construction equipment shall be prohibited from excessive idling; and • The use of "clean diesel" equipment if modified engines (catalyst equipped or newer Moyer Program retrofit) are available at reasonable cost shall be encouraged. A2: To reduce fugitive dust emissions during construction, the use of best available control measures (BACM) shall be implemented during grading. These measures include the following. • Water all active construction areas three times daily; • Cover all haul trucks or maintain at least two feet of freeboard; • Pave or apply water four times daily to all unpaved parking or staging areas; • Reduce speed on unpaved roads to less than 15 miles per hour; • Sweep or wash any site access points within 30 minutes of any visible dirt deposition on any public roadway; • Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty materials; • Suspend all operations on any unpaved surface if winds exceed 25 miles per hour; and Tetra Tech, Inc. 5-2 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT NO. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY • Hydroseed or otherwise stabilize any cleared area which is to remain inactive for more than 96 hours after clearing is completed. • Take measures to limit daily disturbance areas to 3.3 acres or less A-3: To reduce off -site impacts to the air quality associated with the surrounding community, the following measures shall be implemented: • Encourage car pooling for construction workers; • Limit lane closures to off-peak travel periods; • Park construction vehicles off traveled roadways; • Wet down or cover dirt hauled off -site; • Wash or sweep access points daily; • Encourage receipt of materials during non -peak traffic hours; • Sandbag the construction site for erosion control; and • Participate in the County of Riverside Transportation Demand Management (Ordinance Number 726). Biological Resources: The responsible entity for this mitigation measure is the project proponent. B1: Prior to any earthwork, a pre -construction survey for burrowing owls shall be conducted within 30 days of construction to determine if owls have moved into the site. If owls are present, a Mitigation and Monitoring Plan for owls will be prepared and approved by the California Department of Fish and Game prior to project implementation. Cultural and Paleontological Resources: The responsible entity for these mitigation measures is the project proponent. C-1: In the event that any subsurface archaeological deposits are unearthed during ground -disturbing construction activities by the project proponent, all work must be suspended in the vicinity of the find until the deposits are recorded and evaluated by a qualified archaeologist. C-2: As the project will require a general plan amendment, consultation with Native American groups will be required (SB 18). C-3: If fossil resources are encountered during any ground -disturbing activity, all work must stop and a qualified paleontologist must recover, examine, and identify the specimen(s), prepare the fossils Tetra Tech, Inc. 5-3 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT NO. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY for permanent curation at an accredited museum repository, and fully document the finding. If earthwork is at depths of 5 feet or more below existing grade where pleistocene-age sediments and/or fossils may exist, a program of monitoring by the project proponent for all further excavation or grading activities must be developed and implemented by a qualified paleontologist. .Geology and Soils: The responsible entity for these mitigation measures is the project proponent. C-1: All grading shall be performed in accordance with the grading ordinance of the City of San Jacinto. The following activities will occur as part of the grading and site preparation: • During site clearance any existing vegetation, structures, abandoned utilities or irrigation lines will be removed and disturbed soils removed and replaced as controlled compact fill under the direction of the Soil Engineer. • For the preparation of building and foundation areas, soils in the project area will be over - excavated to a depth of at least 5 feet below existing grade or 5 feet below the bottom of the footings, which ever is deeper. The exposed soil will be scarified to a depth of least 1 foot; moisture conditioned and recompacted to at least 90 percent relative compaction. The excavated soils can then be replaced as engineered fill. • For the placement of compacted fill within the building pad areas, fill materials will be placed in thin lifts and compacted at near optimum moisture content to a minimum of 90 percent relative compaction. The project Soil Engineer will be notified at least 48 hours in advance of importing soil in order to provide sufficient time for the evaluation of any proposed import materials. • All surfaces to receive asphalt and concrete pavement or exterior concrete slab -on -grade should be undertaken by a minimum compacted fill thickness of 12 inches. • During grading, tests and observations should be performed by the Soil Engineer or his representative to verify that the grading is being performed in accordance with the project specifications. Field density testing shall be performed in accordance with applicable ASTM test standards. G-2: For project implementation, the following design criteria are summarized from the Sladden (2009) geotechnical report: Tetra Tech, Inc. 5-4 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT NO. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY • Footings placed on properly compacted soil for project -related structures will extend at least 18 inches beneath lowest adjacent grade. Isolated square or rectangular footings at least 2 feet square may be designed using an allowable bearing pressure of 1,500 pounds per square foot. Continuous footings at least 12 inches wide may be designed using a load bearing value of 1,800 pounds per square foot. The allowable bearing pressures may be increased by 200 pounds per square foot for each additional one foot of width and 250 pounds per square foot for each additional 6 inches of depth. • Because of the presence of variable soils at the site and project area that include "low" and "medium" expansion category surface soil, special expansive soil design criteria may be a controlling factor in the design of foundations and concrete slab -on -grade. Liquefaction related differential settlement must be considered when designing the project. In accordance with the California Uniform Building Code (1997), future buildings and slabs -on -grade associated with the project will be designed in accordance with provisions with the California Uniform Building Code, based on "post -grading" expansion test results. • All surfaces to receive concrete slabs -on -grade will be underlain by a minimum compacted non -expansive fill thickness of 12 inches. Reinforcement of slabs -on -grade in order to resist expansive soil pressure may be necessary. • All paving will be underlain by a minimum compacted fill thickness of 12 inches (excluding aggregate base). Noise: The responsible entity for these mitigation measures is the project proponent. N-1: During construction, all construction equipment will be equipped with appropriate noise attenuating devices. Idling equipment will be turned off when not in use. Equipment will be maintained so that parts of vehicles and their loads are secured form rattling and banging. N-2: The City of San Jacinto's interior noise standard of 45 dBA CNEL would be exceeded when windows associated with on -site facilities are closed. A final acoustical analysis will be performed prior to issuance of building permits and noise mitigations for indoor noise abatement will be installed to meet city standards for indoor noise. Tetra Tech, Inc. 5-5 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY Traffic: The responsible entity for these mitigation measures is the project proponent. T-1: Due to impacts to the anticipated traffic circulation from the project, a series of recommendations as provided in the 2009 RI( Engineering Group, Inc. report as implemented by the project proponent will reduce impacts to traffic circulation in the area to less than significant. They include the following mitigations: • Complete half -section street improvements for Ramona Expressway and Cawston Avenue, adjacent to the project; • Install a traffic signal at Ramona Expressway and Cawston Avenue; • The intersection of Ramona Expressway and Cawston Avenue will require an eastbound right turn lane on Ramona Expressway due to high speeds on the segment adjacent to the site; • The north project access will also require an eastbound right turn deceleration lane due to high speeds on Ramona Expressway; • Participate in the phased construction of off -site traffic signals through payment of Transportation Uniform Mitigation Fees (TUMF) as detailed by the City of San Jacinto; • The lane geometry associated with Ramona Expressway that will be matched at Ramona Expressway and Cawston Avenue; • Construct a circulation system associated with the project; • The City of San Jacinto should conduct a period review of traffic operations in the vicinity of the project once the project is complete to ensure that traffic operations are satisfactory; • Traffic signing/striping will be implemented in conjunction with detailed construction plans for the site; and • Install stop signs, stop bars, and stop legends at all project access points. Tetra Tech, Inc. 5-6 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY 6.0 LIST OF PREPARERS Tetra Tech, Inc. 348 VV. Hospitality Lane, Suite 100 San Bernardino, CA 92408 Steven Hoerber, GIS/CADD Specialist Mary McKinnon, Quality Control, Principal Environmental Analyst Stephanie Pacheco, Project Manager, Principal Soil Scientist Tetra Tech, Inc. 6-1 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT NO. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY 7.0 ACRONYMS APN Assessor Parcel Number ASTM American Society for Testing and Material BMPs Best Management Practices C-2 General Commercial CC Community Commercial CEQA California Environmental Quality Act CNEL Community Noise Equivalent Level CO Carbon Monoxide CUP Conditional Use Permit CRHR California Register of Historical Resources dBA Decibel A -Weighted DTSC Department of Toxic Substance Control GHG Greenhouse Gas EMWD Eastern Municipal Water District FEMA Federal Emergency management Agency lbs/day Pounds per Day Leq Equivalent Noise Level LOS Level of Service LP Limited Partnership LST Localized Significance Threshold M-1 Light Manufacturing MCP Mid -County Parkway MSHCP Multiple Species Habitat Conservation Plan NO, Nitrous Oxide NPDES National Pollutant Discharge Elimination System NAHC Native American Heritage Commission NRHP National Register of Historic Places 03 Ozone Pb Lead PM2.5 Particulate Matter with a Diameter of 2.5 Microns or Less PMI() Particulate Matter with a Diameter of 10 Microns or Less PPM Parts per Million SB Senate Bill SBBM San Bernardino Baseline and Meridian SCAB South Coast Air Basin SCAQMD South Coast Air Quality Management District SO2 Sulfur Dioxide SO„ Sulfur Dioxides SR State Route SWPPP Stormwater Pollution Prevention Plan TUMF Transportation Uniform Mitigation Fee URBEMIS Urban Emissions Tetra Tech, Inc. 7-1 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No. 15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY 8.0 BIBLIOGRAPHY California Department of Transportation (Caltrans) 2009 State of California Scenic Highway Database. wtivw.dot.ca.govihq/ LandArch/scenic binhways/mail.htmi. Accessed 19 February 2008 City of San Jacinto 2006 Draft General Plan Clayton, D. 2009 Personal Communication, 09 April 2009 County of Riverside 2009 Riverside County Land Information System..http://www3.tlnla.co.nversidc.ca.us.. Webb site accessed 04 March 2009. Department of Toxic Substance Control 2009 Envirostor Database.(http://www.envirosior.dtsc.ca.eov.), Accessed on 24 February 2009 ECORP Consulting, Inc. 2009 Cultural Resources Inventory of the Proposed Gateway Corporate Center, City of San Jacinto, Riverside County, California Eastern Municipal Water District 2005 Final Urban Water Management Plan. Federal Emergency Management Agency 1996 Community -Panel Number 0602451460C. Map revised 20 November 1996 Kohler, S. 2006 Aggregate Availability in California. California Department of Conservation Natural Resources Assessment, Inc. 2009 Biological Reconnaissance, Gateway project Sladden Engineering 2009 Geotechnical Feasibility Report Proposed Gateway Corporate Center SWC Ramona Expressway and Cawston Avenue, San Jacinto, California RI( Engineering Group, Inc. 2009a Gateway Corporate Center Acoustical Study, City of San Jacinto, California 2009b Gateway Corporate Center Air Quality Impact Study, City of San Jacinto, California 2009c Gateway Corporate Center Traffic Impact Study, San Jacinto, California Sladden Engineering 2009 Geotechnical Feasibility Report Proposed Gateway Corporate Center, SWC Ramona Expressway and Cawston Avenue, San Jacinto, California Tetra Tech, Inc. 8-1 April 2009 GATEWAY CORPORATE CENTER, CONDITIONAL USE PERMIT No.15-08 SAN JACINTO, CALIFORNIA DRAFT INITIAL STUDY United States Census Bureau 2009 U.S. Census Bureau Population Estimates. Accessed at http://www.census.gov/popest/ci6es/ United States Department of Agriculture 1971 Soil Survey of Western Riverside Area, California. United States Department of Agriculture, Soils Conservation Service, United States Department of the Interior Bureau of Indian Affairs in cooperation with University of California Agricultural Experiment Station United States Geological Survey 1967 Lakeview 7.5-Minute Quadrangle. Revised 1979 Tetra Tech, Inc. 8-2 April 2009 ITEM 6.1 STAFF REPORT TO: Chairman and Members of the Planning Commission FROM: Asher Hartel, AICP, Planning Director DATE: April 23, 2009 SUBJECT: General Plan Amendment 3-08, Change of Zone 6-08 and Conditional Use Permit 15-08 Applicant: Shelbran Investments 1590 Shelbran Court San Jacinto, CA 92582 RECOMMENDATIONS: Staff recommends that the Planning Commission: Recommend approval of Mitigated Negative Declaration to the City Council; and Adopt Resolution No. 09-11 recommending approval of General Plan Amendment 3-08; and Adopt Resolution No. 09-12 recommending approval of Change of Zone 6-08; and Adopt Resolution No. 09-13 recommending approval of Conditional Use Permit 15-08 subject to the Findings of Fact and the attached Conditions of Approval. EXHIBITS: Exhibit A — Resolution 09-11 (General Plan Amendment 3-08) Exhibit B — Resolution 09-12 (Change of Zone 6-08) Exhibit C — Resolution 09-13 (Conditional Use Permit 15-08) Exhibit D — Conditions of Approval and letters from agencies Exhibit E — Initial Study/Mitigated Negative Declaration Exhibit F — Aerial Exhibit Exhibit G — Zoning Map Exhibit H — General Plan Amendment Exhibit Exhibit I — Site Plan package PLANNING COMMISSION April 23, 2009 PAGE NO. 1 PROPOSAL: The project consists of a proposal to develop 13 acres of a 43.7 acre parcel located at the southwest corner of Cawston Avenue and Ramona Expressway with a 129,873 square foot mixed use commercial project that includes an 88,233 square foot 3-story hotel, 10,140 square foot restaurant and 31,500 square feet of retail commercial and office space in four buildings. Also proposed is a General Plan Amendment to designate the 13 acre project site as Community Commercial (CC) within the Gateway Area Specific Plan Overlay on the General Plan Land Use Map, and for consistency, a Change of Zone from Light Manufacturing (M-1) to General Commercial (C-2). The southern part of the project site is located within the City's preferred alignment for the Mid -County Parkway (MCP). The surrounding uses consist of a graded commercial project to the east, a proposed mixed use specific plan ("San Jacinto Ranch" Specific Plan) across the Ramona Expressway to the north where the Spyksma's Dairy is currently located, a 200 foot wide MWD (Metropolitan Water District) parcel to the south (which is part of the Colorado River Aqueduct system), and undeveloped land to the west. BACKGROUND: This project began as a proposal to develop 110 acres with 795,781 square feet of floors area for a hospital, offices, R&D and shop buildings, hotel, restaurant, and a parking structure. Given the complexity of such a project along with environmental review and an extended timeframe, the applicant decided to scale down the project in order expedite the review and approval process for a much smaller project. ENVIRONMENTAL ANALYSIS: An environmental initial study has been conducted which has determined that this project will not have a significant impact on the environment with the incorporation of mitigation measures. Therefore, a Mitigated Negative Declaration is recommended. PROJECT ANALYSIS: General Plan Amendment The General Plan Amendment Exhibit map shows the project site in the middle of the area designated as the Gateway Area Specific Plan, a 1,700 acre area which is intended to have a mixture of uses as follows: PLANNING COMMISSION April 23, 2009 PAGE NO. 2 • Regional Commercial — 15% of net area • Office Park — 30% of net area • Business Park — 35% of net area • Residential — 20% of net area The Gateway Area is defined in the General Plan as the "Gateway Specific Plan Overlay" that is "strategically located around the SR-79 and the Ramona Expressway corridor". In view of the General Plan designation as an overlay, staff has determined that the Community Commercial designation that is proposed can be found to be appropriate, and that the overlay designation can remain to continue to define the Gateway Area as shown on the attached Exhibit. Since adoption of the General Plan in 2006, It has been interpreted that the intent is that development within the Gateway Area would be through one or more specific plans. Approval of this project without a specific plan would constitute a policy shift that could be viewed as eroding the integrity of the Gateway Area to allow a piecemeal approach, and similar development proposals could follow and ultimately lead to a fragmented series of small independent developments rather than larger comprehensively planned projects. However, the uses proposed in the Conditional Use Permit that accompanies this proposed General Plan Amendment are consistent with the mixture of uses envisioned in the General Plan for the Gateway Area, and the public hearing process with review by both the Planning Commission and City Council will ensure that the project meets the expectations for the Gateway Area. Zone Change The project site is currently zoned Light Manufacturing (M-1). The proposed change of zone to the C-2 zone would allow a hotel and a restaurant, and with the approval of the Conditional Use Permit would permit the serving of alcohol, in addition to beer and wine and a bar at either the hotel or restaurant or both. The General Plan zoning consistency matrix identifies General Commercial (C-2) as a clearly compatible zoning designation within the Gateway Area and Community Commercial land use designations, while the Light Manufacturing (M-1) zone is not compatible. The Change of Zone is therefore necessary to approve the uses that are proposed, and is consistent with the General Plan. Protect Design: The project has its main access on Cawston Avenue with three driveways. A single access driveway is proposed on the Ramona Expressway. The project is conceptual in its design, and the conditions of approval require that the project comply with the development standards of the General Commercial (C-2) zone. The project meets these standards with one exception, as the restaurant on Cawston Avenue is not set PLANNING COMMISSION April 23, 2009 PAGE NO. 3 back the required 10 feet from the front property line, however this is minor item that can be corrected in subsequent reviews. Building Elevations: The architecture of the 3-story hotel and commercial buildings is conceptual, and color elevations have not been provided. The restaurant building elevations are much more detailed and in color, and include an eclectic mix of materials (stucco, stone veneer, corrugated metal, large glass windows, etc.). There is not a uniform theme, and the hotel, commercial buildings, and restaurant have distinctive styles. Two options (Scheme A and Scheme B) are presented for the 3-story hotel building, each consisting of a front elevation only, with no side and rear elevations presented. The commercial building elevations (2-story office building and shops building) also consist of the front elevation only. The restaurant elevations include all four sides of the building, and a floor plan and roof plan is included. In view of the conceptual nature of the building elevations and the lack of floor plans and roof plans, staff has included a Planning condition that requires detailed architectural elevations, roof plans and floor plans to be reviewed and approved by the Planning Commission prior to issuance of building permits. This approach has been approved on other CUP projects, and enables the project to move forward and obtain an entitlement approval while more detailed plans are brought forward for approval at a later time. Circulation: Internal circulation is provided by a series of looped drive aisles leading through the project from Cawston Avenue and the Ramona Expressway. Decorative pathways in front of the retail buildings provide outdoor seating opportunities. Bicycle parking and the provision of a bike path along the Ramona Expressway frontage (per the General Plan Circulation Element) are included in the Planning conditions. Parking: The site plan includes 881 parking spaces, including 18 handicapped spaces. The project exceeds the number of stalls required for general retail commercial and restaurant uses. The remaining spaces would allow for a hotel in excess of 500 rooms. Bicycle parking is conditioned to be provided at all locations. Landscaping: The applicant will be required to prepare a detailed landscape plan for the project. The project will provide at least 10 feet of landscaping outside the street right of way along the Cawston Avenue and 20 feet along Ramona Expressway. The project also includes PLANNING COMMISSION April 23, 2009 PAGE NO. 4 several landscaped islands throughout the parking and maneuvering areas, and additional "diamond" tree islands will be required throughout the parking lot. The landscape plan is conditioned to meet the commercial standards found in the Landscape Design Guidelines. Water and Sewer Service: The site is located within the service area of Eastern Municipal Water District (EMWD). While water and sewer service will need to be extended to serve the site, a septic system is proposed for the restaurant use as an interim measure. Because of the high groundwater condition in the area due to the close proximity of the San Jacinto River to the north, the design of the septic system will be especially critical. As done with the former Mobile service station a holding tank could be built but would require frequent pumping. It is unclear if this type of system is a viable solution given the potential high water table. If it is determined that a traditional septic system is feasible, both the County Health Department and State Water Quality Control Board clearance will be required, and this is required in a Planning condition. Signage A master sign Program will be required for the project, and is included in a condition of approval. The sign program will address building wall signs, and freestanding signs along the main entrances to the center. Mid -County Parkway The southerly portion of the project site (approx one-third of the site) is located within the City's preferred alignment for the Mid -County Parkway (MCP). According to the Riverside County Transportation Commission (ROTC), the 32-mile parkway is not scheduled to begin construction until approximately 2012, but where that construction will begin has yet to be determined. Property east of this site, across Cawston Avenue has already been acquired by ROTC as well as numerous other parcels within the proposed alignment. The City's preferred alignment for the parkway on the project site does not prohibit development of the subject site, and in the past the City Council has directed staff to process development projects on the Mid -County Parkway alignment. The City is obligated to put the two parties together to begin an active dialog on the effects this project would have on the parkway. To date that discussion has been initiated. The City referred a transmittal on the project to the ROTC and received a response letter that is attached. PLANNING COMMISSION April 23, 2009 PAGE NO. 5 San Jacinto River Levee Project The project site is within the floodplain of the San Jacinto River, and will benefit from the levee project that will remove the project from the floodplain. A Planning condition is included to require the project to participate in the Community Facilities District (CFD) to finance the levee per the recently approved Ordinance 09-09. Pre -Development Subcommittee Review The project was reviewed and discussed at the Pre -Development Review subcommittee meeting on March 2, 2009. The subcommittee did not raise any issues with the project and were supportive of the project. RECOMMENDATION 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 recommends approval to the City Council subject to the attached conditions of approval, supported by the findings in Resolutions 09-11, 09-12 and 09-13 (attached). PLANNING COMMISSION April 23, 2009 PAGE NO. 6 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION NO. 09-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN TO RE -DESIGNATE 13 ACRES OF REAL PROPERTY SPECIFIED HEREIN AS COMMUNITY COMMERCIAL (CC): FILE NO. GPA 03-08. WHEREAS, local governments are authorized by Government Code section 65350 et seq., to prepare, adopt and amend general plans; and WHEREAS, the proposed amendment to the Land Use element of the City of San Jacinto General Plan ("Amendment") initiated and prepared by Shelbran Investments proposes to re -designate 13 acres of real property located at the southwest corner of Ramona Expressway and Cawston Avenue, commonly described as Assessor Parcel Number 430-100-017, (the "Subject Site") as Community Commercial (CC); and WHEREAS, the Subject Site is currently designated under the Land Use Element of the City of San Jacinto General Plan as Gateway Area Specific Plan (SP-G) Overlay; and WHEREAS, the proposed Amendment implements the overall policies and goals of the General Plan and leaves the General Plan internally consistent because the proposed commercial land use designation for the Subject Site is compatible with the proposed development of that portion of the Gateway Area, as such area is designated in the General Plan; and WHEREAS, the proposed Amendment was sent to affected public entities for their review and comment; and 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 April 23, 2009, the Planning Commission of the City of San Jacinto ("Planning Commission") conducted a duly noticed public hearing on the Amendment at which time all persons wishing to testify in connection with the Amendment were heard and the Amendment was fully studied; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO: SECTION 1. Based on the entire record before the Planning Commission, all written and oral evidence presented, and the findings made in this Resolution, the Planning Commission of the City of San Jacinto has recommended the City Council approve the Amendment to the General Plan as set forth in the attached Exhibit "A" graphic. SECTION 2. Based on the entire record before the Planning Commission and all written and oral evidence presented, the Planning Commission finds that the Amendment promotes the goals and objectives of the General Plan and leaves the General Plan a compatible, integrated, and internally consistent statement of policies for the following reasons: A. The Amendment is integrated and compatible with the Land Use Element in that it provides an appropriate orientation and relationship between land uses within and adjacent to the Subject Site, and promotes orderly development beyond the Subject Site boundaries, because the commercial land use is compatible within the Gateway Area, as designated in the General Plan. B. The Amendment is integrated and compatible with the Circulation Element in that the distribution of uses within the Subject Site will generate traffic, which is anticipated and provided for in the Circulation Element because the site is bounded by Ramona Expressway and Cawston Avenue. C. The Amendment is integrated and compatible with the Housing Element because residential housing was not anticipated on the project site so the current housing element will not be impacted nor will the Housing Element update. D. The Amendment is integrated and compatible with the Conservation Element in that the future commercial development will use water -efficient landscaping and hardscape to reduce the need for water. E. The Amendment is integrated and compatible with the Open Space Element in that the project would not increase the need for additional parks. F. The Amendment is integrated and compatible with the Noise Element in that it provides a pattern of land uses that 3 reduces the exposure of community residents to excessive noise, because the proposal utilizes existing and proposed streets. G. The Amendment is integrated and compatible with the Safety Element in that it provides an appropriate land use distribution and orientation which protects the community from unreasonable risks associated with seismic, geologic, flood, and wildfire hazards because the site is not located in a high fire hazard area or seismic zone, and is subject to special building standards for the floodplain of the San Jacinto River in which the site is located. SECTION 3. Based on the entire record before the Planning Commission and all written and oral evidence presented, the Planning Commission finds the Amendment complies with CEQA for the following reasons: Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project or mitigation measures incorporated into the conditions of approval for the project would avoid the effects and no significant effects would occur; therefore, a MITIGATED NEGATIVE DECLARATION has been prepared. City Staff is directed to file a Notice of Determination within 5 days of this project approval. SECTION 4. The location and custodian of the documents and any other material which constitute the record of proceedings upon which the Planning Commission based its decision is as follows: Planning Director, City of San Jacinto Planning Department, 595 S. San Jacinto Avenue, San Jacinto, CA 92583. (951) 487-7330. SECTION 5. Effective Date. This Resolution shall become effective upon its adoption. PASSED, APPROVED AND ADOPTED, this 23rd day of April, 2009. City of San J Planing Commission Stev, Chairman 4 ATTEST: Asher Hartel, Planning Commission Secretary 5 GATEWAY AREA SHELBRAN INVESTMENTS EXHIBIT General Plan Amendment No. 03-08 RIVERSIDE COUNTY 625 1,250 Fee zSMD 3,750 5.000 D 0.15 0.3 0.0 0.9 Mire T e InM'molrsr enwn on ree wrens careered hem Ind 1bm1Lle Co* 91MY96 min n.e CM/ of San 110H5 015. Tee land Mw Find hd1N monnman on 91, R09 I9 tor draby pur(nx rely 0IM NpY6 nal Ire mead µan wa0U n ereeneent vn:5m0an reel re MNnry. PMenHe Carly MO my wean Atlnowlanel be ref re,0w0MaM wry[lale. tosser or, 0mpe5r01*0horn me ure el hn 'nee. upoaied041231e5 C:IGIS Plolects1PlmmMn9VMr1S. reelewaYAre1__Sheerrenlev_L1M1Po1U022300.m0d r —, j Cenral City Planning Area ✓ffGateway Area Specific Plan a 7 Future Park Site Future School Site t{�? Future Fire Station City Boundary SR]9 Potential Alignment MCP Potential Alignment Legend Estate Residential tubes Inverting Unlla pet Aare) Rural Residential lam 2.0 crown units per Ara./ L— J Law Density Residential iv to 5.a Magnus units per Acre) Medium Density Residengal ie.1 1010.0 Cwgling Was per Aar.) ® High Denslry Reskdeettal na1 m 140 0wdMng Units per Acre) Business Park Industrial Office Park Public Institutional Park - Very High Density Residential L J Open Space Recreation Ra b 22 Dwelling Unite per Aare) `g Community Commercial 1111 Open Space ® Downtown Commercial ® Water Source RESOLUTION NO. 09-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM LIGHT MANUFACTURING (M-1) TO GENERAL COMMERCIAL (C-2) ON 13 ACRES: FILE NO CZ 6-08. WHEREAS, Shelbran Investments filed an application on December 3, 2008, to change the zone from Light Manufacturing (M-1) to General Commercial (C-2) for certain real property located at the southwest corner of Ramona Expressway and Cawston Avenue, commonly described as Assessor Parcel Number 430-100-017, in the City of San Jacinto, County of Riverside ("Subject Site"); WHEREAS, the Application was reviewed, studied, and found to comply with the California Environmental Quality Act ("CEQA") as more fully described below; WHEREAS, on April 23, 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 the City Council of the City of San Jacinto approve the aforementioned zone change as described in the attached Exhibit "A", designating the Subject Site as being within the C-2 General Commercial zoning district ("Zone Change"). SECTION 2. Based on the entire record before the Commission and all written and oral evidence presented to the Commission, the Commission finds the Zone Change is consistent with the General Plan of the City of San Jacinto because: A. The proposed zoning designation of the Subject Site provides for land uses that are compatible with the Community Commercial General Plan designation recommended for the Subject Site. B. Uses of the Subject Site under the proposed Zone Change will help promote and achieve appropriate orientation and relationship between land uses within and adjacent to the Subject Site, and will promote orderly development beyond the Subject Site's boundaries because the proposed General Commercial zone is compatible with the proposed Community Commercial General Plan land use designation proposed for the Subject Site, and the Gateway Area Specific Plan General Plan Overlay found to the north, south, east and west of the Subject Site.. SECTION 3. Based on the entire record before the Commission and all written and oral evidence presented to the Commission, the Commission finds the Zone Change is reasonably related to the public welfare of the citizens of the City of San Jacinto and the surrounding region because the Subject Site will provide commercial development in this area of the City where this type of use has not been previously available. SECTION 4. Based on the entire record before the Commission and all written and oral evidence presented to the Commission, the Commission finds the Zone Change complies with CEQA for the following reasons: Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project or mitigation measures incorporated into the conditions of approval for the project would avoid the effects and no significant effects would occur; therefore, A MITIGATED NEGATIVE DECLARATION has been prepared. City Staff is directed to file a Notice of Determination within 5 days of this project approval. PASSED, APPROVED AND ADOPTED, this 23rd day of April, 2009. ATTEST: Planning Commission Secretary 2 Plan'i%."''""fission Chairman Exhibit "A" Change of Zone 6-08 From M-1(Light Industrial) to C-2 (General Commercial) CITY OF SAN JACINTO Community Development Department 3 A RESOLUTION NO. 09-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO, CALIFORNIA, RECOMMENDING APPROVAL OF CONDITIONAL USE PERMIT 15-08 FOR AN 88,233 SQUARE FOOT 3-STORY HOTEL, 10,140 SQUARE FOOT RESTAURANT AND 31,500 SQUARE FEET OF RETAIL SPACE IN FOUR BUILDINGS WITH ALCOHOL CONSUMPTION LIKELY TO OCCUR IN BOTH THE RESTAURANT AND HOTEL ON A 13-ACRE SITE LOCATED ON THE SOUTHWEST CORNER OF RAMONA EXPRESSWAY AND CAWSTON AVENUE (APN 430-100- 017): CUP NO. 15-08. WHEREAS, Shelbran Investments filed an application on October 27, 2008 for Conditional Use Permit 15-08 (the "CUP Application") to approve an 88,233 square foot 3-story hotel, 10,140 square foot restaurant and 31,500 square feet of retail space in four buildings with alcohol consumption likely to occur in both the restaurant and hotel on a 13- acre site, APN 430-100-017 ("Subject Site"); WHEREAS, an application has been submitted to the City of San Jacinto (the "City") to change the zoning designation for the Subject Site from the Light Manufacturing (M-1) to the General Commercial (C-2) zoning designation (the "Zone Change Application"); WHEREAS, an application has been submitted to the City to amend the City's General Plan Land Use designation of the Subject Site from Gateway Area Specific Plan (SP-G) Overlay to the Community Commercial (CC) designation (the "Land Use Amendment"); WHEREAS, the CUP Application was reviewed, studied, and found to comply with the California Environmental Quality Act ("CEQA") provided that a Mitigated Negative Declaration is adopted by the City Council of the City ("City Council") as more fully described below; WHEREAS, on April 23, 2009, the Commission conducted a duly noticed public hearing on the CUP Application at which time all persons wishing to testify in connection with the CUP Application were heard and the CUP 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 hereby recommends approval by the City Council of Conditional Use Permit No 15-08 to allow the construction of the above -referenced commercial project on the Subject Site, subject to the conditions of approval attached to this Resolution. The foregoing recommendation is subject to adoption by the City Council of the Zone Change Application and the Land Use Amendment. 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 17 of Ordinance 340 and the purposes of the proposed zoning designation of the Subject Site. The Subject Site is proposed to be re -zoned C-2 (General Commercial) pursuant to the Zone Change Application. The commercial project proposed by the CUP Application would be located adjacent to properties zoned for commercial and business uses in the C-2 (General Commercial) and M-1 (Light Manufacturing) zones. Therefore, the proposed use is consistent with the goals and objectives of the C-2 zoning district. 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 proposed zone classification for the Subject Site and the proposed land use element designation of the General Plan, which is proposed as the Community Commercial General Plan land use designation pursuant to the proposed Land Use Amendment. Further, the CUP Application has been reviewed by City and Riverside County agencies and has been conditioned accordingly. Follow up inspections by the City 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, as proposed to be amended, by providing additional retail/commercial and hotel/lodging 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. D. For conditional use permits that include on -sale and/or off -sale alcoholic beverages, the Commission makes the following additional findings: a. That the proposed use will not be detrimental to surrounding properties and neighborhoods including, but not limited to, assuring the use does not 2 contribute to loitering, public drunkenness, noise, obstructing pedestrian and vehicular traffic, parking, crime, interference with pedestrian corridors used by children, defacement and damage to structures. b. The proposed use will not lessen or impact the suitability of adjacent commercially zoned properties for commercial uses. c. The proposed use will not adversely affect the welfare of residents in the area or result in an undue concentration in the neighborhood of establishments dispensing alcoholic beverages, including beer and wine. For purposes of this subsection, "undue concentration" shall be defined as provided in California Business and Profession Code 23958.4 d. Notwithstanding subsection (c) above, the Planning Commission may grant a conditional use permit despite an undue concentration of establishments dispensing alcoholic beverages, as defined in California Business & Profession Code 23958.4, if the public convenience and necessity would be served by the issuance of the conditional use permit and the use otherwise meets the findings of this section. e. The Planning Commission may establish such other conditions it deems necessary to carry out the hours of operation, including but not limited to requiring adequate security and safety measures, lighting, parking and noise buffers. 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 reason: Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project or mitigation measures incorporated into the conditions of approval for the project would avoid the effects and no significant effects would occur; therefore, A MITIGATED NEGATIVE DECLARATION has been prepared for adoption by the City Council. City Staff is directed to file a Notice of Determination within 5 days of this project approval. 3 SECTION 5. Effective Date. This Resolution shall become effective on the date on which it is ratified by the City Council. ATTEST: PASSED, APPROVED AND ADOPTED, this 23rd day of April, 2009. i Planning Commission Secretary r - T MOM NORTH Ilnde.greund Service Mot EMI, WOLL FREE 1-866 2E74600 RIVE:SET1 RANO ,Zr i' RTY. 41 a�L MINIM IN THE CITY OF SAN JAC INTO GATEWAY CORPORATE CENTER C.U.P. O. 15-08 SITE PLAN firkre.NLniuM INDEX MAP - HOME MOM PRANK POMO t%r[NH Ma Dino. SAN ? AACINTO-. HEMET V Lvurt wv TYPICAL STREET SECTION RAMONA EXPRESSWAY �aA TYPICAL STREET --SECTION CAWSTONO AVENUE FA t MINA / MPf04IM . •.^ uum. r.mmimv is. mine. tem A64E0N MGM MEPROPERTY SIDRIEDION DOOM PIPPIN 4OPn9MA1F5 (Pao :4 EMMIMMRYPR50 memo MM. Mt .1-1 mug mmommams CRZRm0/PROPOSEU RENEW. RAN VENOM EMIT L7nIT1 w''6r `.:...e ar EDOD ZONE irmi.Ap soma *Arta oRD/Any POL RUN.C:AN Duca Demo swam, DPP. r.4*pc DNA 74 'REAL 0R. APPROVED BY: 000 ...: m pm 11o1.11 PREPARED BY: Are ansoczama CITY OF SAN JACINTO C.U.P. NO. I5-08 w memi BENCIMMR OAIEWAY CORPORATE CENIfR SITE PLAN 5.0 CONTINUED PUBLIC HEARINGS 5.1 General Plan Amendment 3-08, Change of Zone 6-08 and Conditional Use Permit 15-08 Applicant: Shelbran Investments 1590 Shelbran Court San Jacinto, CA 92582 A proposal to develop 13 acres of a 43.7 acre parcel located at the southwest corner of Cawston Avenue and Ramona Expressway with an 88,233 square foot 3-story hotel, 10,140 square foot restaurant and 31,500 square feet of retail space in four buildings. Alcohol consumption is likely to occur in both the restaurant and hotel. Also proposed is a General Plan Amendment removing the 13 acre site from the Gateway Planning Area by designating the site as Community Commercial (CC) and for consistency, changing the zone from Light Manufacturing (M-1) to General Commercial (C-2). An environmental initial study has been conducted which has determined that this project will not have a significant impact on the environment with the incorporation of mitigation measures. Therefore, a Mitigated Negative Declaration is recommended. Planning Director Hartel presented his staff report dated April 23, 2009 Commissioner Seitl voiced concerns in regards to the high water table and how that would be impacted by a septic tank system. He commented that there is no sewer system going in at this time and a septic system does not seem feasible. He said that it seems like there should be a drainage system put in before the project. Planning Director Hartel responded that the project won't be built unless they can adequately deal with the sewage issue. The sewage will need to be addressed whether it is by an interim septic system or running sewer lines out to the lift station. Commissioner Kotyuk asked for clarification about the alignment in regards to the hotel. Planning Director Hartel responded that the southerly 1/3 of the project site is within the alignment of the mid county parkway. The area that is occupied by the hotel will be affected by that. The hotel might not be built or it might be relocated. Commissioner Pellerin also had concerns about the septic system and the realignment. Chairman Warneke asked for clarification on the Metropolitan Water District (MWD) letter, page 3 item #4 (They require a detailed hydrology study to be submitted to them so that they can review the impact of the proposed development on their Right of Way. He asked if that study had been prepared. Planning Director Hartel stated that a preliminary hydrology report has been done. The MWD letter is referenced in Condition No. 36 of the Planning Conditions of Approval. The Colorado River Aqueduct is adjacent to the south of this project. Any grading or Planning Commission Minutes Page 2 April 23, 2009 land disturbance could potentially affect the Aqueduct. It will require the review and approval of MWD. Commissioner Warneke asked if there had been any decision on the Mid County Parkway, if it would be north or south. Deputy City Engineer Eric Skaugset responded that RCTC's Commission has chosen the southern alignment within the City of San Jacinto as their preferred alignment and it was identified as such in their draft EIR earlier this year. They have begun talking with some of the property owners about buying portions of the alignment. Planning Director Hartel stated that they have gone so far as acquiring the alignment immediately to the east of this project site. That area to the east is also owned by Shelbran Investments who is also the owner of this project. Commissioner Warneke said if we know the Mid County Parkway is going to go south why sketch in the hotel. Planning Director Hartel commented that it is being shown and this project is being proposed as a way to light a fire under RCTC and let them know that this is a real project that the applicant is serious about developing it, to get them moving towards acquiring it. The area to the east was acquired by RCTC after Shelbran Investments pulled a grading permit to haul in some fill dirt from the basin at Ramona and Lyon. Commissioner Warneke asked about the status of that parcel. He commented that they did all the work hauling in the fill dirt but the commission never received any plans. Planning Director Hartel responded that was because the applicant was able to get some free fill dirt, and had that particular project site that was close by. Commissioner Seitl asked if RCTC now owned that site. Planning Director Hartel said that he understands that they acquired that site to the east in the alignment. Commissioner Seitl asked Planning Director Hartel for clarification as to the reason that RCTC acquired the site. Planning Director Hartel said that it was just for the Mid County Parkway project. Commissioner Seitl said that the dirt that was put in there was put adjacent to Ramona Expressway, and where they are proposing the new alignment is way behind there. Planning Director Hartel responded that was correct, the dirt was put in to the north of the alignment to facilitate a future project for Shelbran Investments not for RCTC. The main push for this project is the General Plan Amendment and the Zone change. We require at least decent conceptional plans when we accept a project for a General Plan Amendment or Zone change. Planning Commission Minutes Page 3 April 23, 2009 Commissioner Seitl asked why should we approve a zone change for a small spot in the middle of a major project site that will be zoned for something else to pacify a developer whose not going to develop but who wants to get a project possibly going somewhere in the area to get his foot in the door. Planning Director Hartel responded that the applicant is very serious about the restaurant. The restaurant will be the first to go in. Commissioner Seitl asked why did the applicant not bring in plans a restaurant. Why throw in the hotel and hospital. Planning Director Hartel responded that he had bigger things in mind and wanted to get a site plan approved as well. If he can get a restaurant out there then it's going to pave the way for other things to follow, if not the hotel then commercial buildings that are proposed at the north end of the site. City Attorney Haviva Shane commented that relevant question to consider by the planning commission is if the zone change is appropriate and not delve into what the developer's reasoning is. Your job is to determine if the general plan amendment and zone change is appropriate from a planning perspective. Open public hearing 8:45 p.m. Blaine Womer, Womer Engineering representing Shelbran Investments for this project thanked the City staff and addressed the concerns of the commission. Septic — the septic was meant to be on an interim basis in the beginning for the restaurant only as they were doing the grading and for a short time as they were waiting for the sewer to be brought. They have approved EMWD drawings for water and sewer from the southwest corner of Sanderson and Ramona Expressway. It comes down to the De Anza lift station back up Sanderson realigned and west on Ramona Expressway to serve this site. MWD — The developer has designed a street for Cawston Ave. from future realigned Ramona Blvd to Ramona Expressway. It is designed in such a manor that it requires no fill to their pipeline which is what they wanted. Mid County Parkway — RCTC has purchased property from Shelbran Investments, approximately 24 acres to the east for the alignment. This is the first piece of a much bigger project. They have to get Mid County Parkway alignment across this property all the way to Odell identified. Chairman Warneke asked Assistant City Engineer Skaugset what his thoughts were on the septic issue. Assistant City Engineer Skaugset stated that this was the first that he had heard of the septic issue however it had been done in the City before and to his knowledge there had been no issues with the Mobil station in the time he has been here. He further commented that he had seen the drawings for the master plans sewer and he would not change any of the planning commission's conditions. Public hearing closed 8:15 p.m. Planning Commission Minutes Page 4 April 23, 2009 Commissioner Kotyuk thanked the staff for getting this together for the commission to review. He said that he feels the sufficient next step would be to move this forward to city council. Commissioner Pellerin also thanked the staff as well as Mr. Womer and feels that it should be moved on to the city council. Commissioner Seitl also expressed thanks to staff for putting this together and feels there will still be questions but as the project moves forward those will surface and should be moved on the city council. Chairman Warneke agreed with all the comments of the other commissioners, and thanked the staff and believes the project should move on the city council as well. M/S/C (PELLERIN/SEITL) adopt General Plan Amendment 3-08, Change of Zone 6-08 and Conditional Use Permit 15-08 as presented. Motion carried 4/0. Ayes: Warneke, Pellerin, Seitl and Kotyuk Nays: None Absent: Mannion Abstained: None 6.0 NEW PUBLIC HEARINGS 6.1 None 7.0 BUSINESS ITEMS 7.1 Director's Report None 8.0 ADJOURNMENT M/S/C (WARNEKE/PELLERIN) to adjourn the meeting with no further business to discuss, to the next regular meeting of May 14, 2009 at the hour of 8:26 p.m. Respectfully submitted, Jan Catron Administrative Clerk Community Development Department Planning Commission Minutes Page 5 April 23, 2009 Aeria Exhibit Centerline.shp ] Parcel assessor_New.shp CItylimlls.shp Clines shp [„ Centerline.shp Parcel assessor_view shp —�Cityhn lsshp Clines.shp Parcels.shp .:r „ A C-1 C-2 C-M City Wet' D-C O-R EMWD ( •7 Fire Station IM1 M-I-P MWD Open Space Park Park Hill [ R-1 R-1 15,000 R-1 20,000 R-1 PUD R-2 R-2 PUD R-3 R-3 PUD R-P In' a4 R-T RAAB F T11 Rancho San Jecin t S-D SP 1-01 SP 1.02 SP 1-03 SP 1-85 ",' SP 1-91 I I School W-2 EXHIBIT A SHELBRAN INVESTMENTS General Plan Amendment No. 03-08 RIVERSIDE COUNTY 525 1.250 Mill 5191 LDRC 0.15 U.3 0.3 0.9 Mies mo runnalon sinwn on gm was u01,30 Snn im I.meoke county tnvliuli are no( Sun 300mras_t10mm base eb 124i11,13irrelnai awmwn km di ti nrlreelk A fnd no, 00 0005w won haw endem varicrlmn as 01C aavacv &^� 131.a.mide C.a., andCity elSan wiNrol brnAd lopnukie fix ed/rlrn Le u LLon�® ey! n u 1100 . utetwied 05.4309 C-IG'g PmjoclGPlnnntn h r SJ Gale ayAma SM1 e-0tanlnv_ExM1bN 05l309 ^.M Subject Site Legend Estate ResiOent.al .-.._ (0 to os Dwelling DN. per aeml Rural Resloential (a to 2.0 Dwelllna IIM0 per Acre, Low Density Res idenbal (L t to 5.0 Dwelling Unite par Pere) Cmm Density Resloentml .i to10.0 Dwelling Untie per Acre) High Density Residential 110.11n 14.11 Dwelling llnite Per Pare) ® Vary High Density Residential I pa In 22 °wetting units per Anel Community Cnnttnercial Downtown Commercial ME Open Space Water Source Business Palk Industrial Office Park Public Institutional Park r— —'1 Contra' City-lanrng Area r.72/2 Gateway Ares Specific Pic'i Futare Park Site Future Schoo' Silo kin Future Fire Station Open Space Recreation 400~ City Boundary �r^'e SR]o Potentlal Alignment MCP Potential Nlgnnu:al C IYF<< N JAcINT Underground Service Alert CniLI TOLL FREE 1-800 227-8600 Two VERKTN5 OATS BEFORE MU SIG ..,.w «PEEP w.+a N A.P• PARS -----� PP 3R SCIPP3C_S 5- %I3a-edRRrte NORTH A33420.013 PCPS: LW4 LAPS® DSE: SF „•R= Silo. L= 11166' A= 2,6 t'T2' �= 12.26' i 6.68' N69'S1'22iW' 1 B.0B' N99.53'62 M`Ly'ry ‘,2 A89 "^'L%�=ch�a9CCWiE. .. .. INDEX MAP P.Ei0NYENDE2 FOR APPROVAL DATE Z.HLLNLL n REV. DESSZPANCIS NAIL SEAL IN THE CITY OF SAN JACINTO GATEWAY CORPORATE CENTER C.U.P. NO. 15-08 SITE PLAN NOTES: I. SEE ARCH PLANS FOR SITE Pas CET8x6 ANC ELEVATIONS. 2. SEE LANDSCAPE ARCH, PLANS FOR PROPOSED LANDSCAPING. 3, SEE Ear. SPECIE -Ts WOLF OCR DRAINAGE H WATER HUMPY TAMSATION DETAILS. 4, SEE SHEET NO. 2 FOR CONCEPTUAL GRADING ANO DRAINAGE. 6 APPROVED BY: 3 C PARKING RATIO 'SILOINOS PARKING LANDSCAPINE, TO FL Fr PE E.O. J FEND 126.823 $F 3B1 SPADES 76,72 EF TOP OF CURB ELEVATON FLOWLINE ELEVATOR FINISHES ROCK EIFNATWN FLO ELEVATION DECORATIVE RICOH "ALL oa-cr..ON OF FLC'N AR1W ERI$HNG GRADE E EVAITON Ek I_`TING POWER POLE DATE R.C.E. N0. 46161 "kP DATE 12-31-TO PREPARED BY: OAT, R/W SAN "JACINTO NORTH wrzoNw000 ESPLANADE HEMET VICINITY MAP NTs R(W TYPICAL STREET SECTION RAMONA EXPRESSWAY NOT TO SCALE IDS R/W In* 6' SIDEWALK—� 64' 32' 32' &UC`CUTTCC AC H class 11-- ir AGO. RASE —COMPAD-17O SN66RAOE TYPICAL STREET -SECTION CAWSTON AVENUE NOT TO SCALE OWNER / APPLICANT 3NELURAN IHVE'OTMENTS LP. A CAUFORNIA DARED PARTNERSHIP :5B0 SHELRRAN COURT SAN :ALINES, CA 6.2662 (049) 279-8162 ASSESSOR PARCEL NO. uO-100-C17 PROPERTY DESCRIPTION PARES. 2 AS STNCWN ES PARCEL MAP NC. 31522 ON FILE IN BOOK 206. PACES IS TN P01104 19 INCLUSIVE OF PARCEL LAPS, RECORDS OF RIVERSIDE COUNTY. CALIFORNIA, THOMAS BROTHER COORDINATES PAGE 790, C_A AND C-{ (2556 EDITION) EXISTING/PROPOSED ZONING DislIkG ZONE IA -I (LICHT MANUFACTURING) PROPOSED ZONE 0-2 (GENERAL COMMERCIAL) EXISDNG/PROPOSED GENERAL PLAN EASING GATEWAY SPECIFIC PLAN PROPOSED: GENERAL COMMERCIAL B BLAINE A. . OME1\ •Gn1LX CIVIL ENGAVEERENG Ft' FFPRO IR' 6' SICEWA EXISTING/PROPOSED USE 4ACANT/COMMERCIAL SURROUNDING LAND USE NORM VACANT/AGRICULTURE 9CIR11 AACANT/AGRICULTORE EAST COMMERCIAL NEST VACANT UTCLITIES WATCH SEWER ELECTRIC GAS TELE `NONE CAPS FLOODZONE ZONE L PANEL 41 060245 I4WC. GATED I I/2C/1696 EASTERN MUNICIPAL WATER C=TRICE EASTERN MIONICIPAL WATER DISTRICT SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA GAS COMPANY cRRCN THE WARNER SCHOOL DISTRICT SAN JACINTO UNWED SCHOOL DISTRICT AREA 49.7 AC CROSS PAR. S 33.6 AC HET PAR. 2 13.0 AC NET PROPOSED OEV. 26.6 AC NET ITT A PART CITY OF SAN JACINTO C.U.P. NO. 15-08 SLN� A3 SHOWN COP DATE MIE I2-31-OD BENCHMARK GATEWAY CORPORATE CENTER SITE PLAN SNaT NO.: 1 IF 3 SITS CD 0 N a. N v) V I -, I cop < pNo CI - m CD A, n m z 0 x ♦i?Yl ON '3 o n 'o 0 ea F (n :AB 43ADaddV 17, L2 b aD;I,Jas pu I" ni GATEWAY CORPORATE CENTER O o co In :AB 43A0addd 01Nl.OYf NYS ?0 4110 SEE SHEET PUNiEN 066 NO. 2 EXPRESSW �PUHiif�J � '� N 119'53'l7' W 1591 4' / SCHEME B SCHEME A CONCEPTUAL ELEVATION- 3 STORY HOTEL DATE: OCT 17, 2005 NADELJOS*: 08121 GATEWAY CORPORATE CENTER San Jacinto, California She!bran investments L.P. NADEL RETAIL ARCH a tt,1>, LW 625 REOADWRV 51111E 1025 SAN DIEGO, CA 92101 7..619.232.8424 F.619.232J177 WWW.NADELARC.COM NHDE[ REM 2 STORY OFFICE BUILDING 1 Al1 ...-1•1•••• 1.(:•••77,,".7 • '0111z1 Iwin :Aniline * itosuotasaii tglab '£A 1,1•...!•a+JR! halt.• vim 331,111au SHOPS BUILDING atm an111 JAI -"-'iTk!.:....'.•",Y-•••';•,Aiig,2=..v-.•.••••••:....:‘ 1.%111/111111 ••• .. • . . • .• • CONCEPTUAL ELEVATION- OFFICE BUILDING AND SHOPS ..4 ,_-_,- 11wif 11111111112151111111 11i :41Iiiiiik1111111111111 il / L.alitialktiiiiiiiraiii --“' ztw-:41, 11 z v 1:4 /Amon NAM. 2.1.4-S4:•••• • 4611P____.4.4 Mill atlas's \I.L.11 CAM\ AIM DATE; OLT 17, 2008 NADEL IOU: 08121 GATEWAY CORPORATE CENTER San Jacinto, California She[bran Investments L.P. NADEL RETAIL ARCHITERS, LIP £25 !ROADWAY SUITE 1025 SAN DIEGO. G 92101 M517.222.8424 F.619.232.7179 YAW/ ?:)ADMARC.COM NIIDEL REIN CORRUGATED METAL PANELS EAST ELEVATION (CAWSTON) BRISE SOLEIL WEST ELEVATION (FRONT ENTRY) RECESSED WINDOWS IN STONE STOREFRONT W/BRISE SOLEIL BALCONY / STAGE WITH DECORATIVE RAILING STONE VENEER BRISE SOLEIL BRISE SOLEIL STOREFRONT WINDOWS CORRUGATED METAL PANELS ELEVATIONS OCTOBER, 2008 SAN JACINTOMEAT COMPANY SAN JACINTO, CALIFORNIA NORTH ELEVATION SOUTH ELEVATION ELEVATIONS OCTOBER, 2008 SAN JACINTO' MEAT COMPANY SAN JACIN410, CALIFORNIA DESIGN LAYOUT OCT. 3rd, 2008 DINING AREA 4,700 SOFT. KiTCI-EN AREA 2,700 SOFT. OUTDOOR SEAT!NG 1,200 SOFT. MISC. AREA ,0D0 SOFT. T OT AI_ AREA : 9,600 SO.F RESTAURANT SEATING 20= BAR SEATING 38 OUTDOOR SEATING 44 TOTAL SEATING = 286 U ti LI I I ICI 1 .1 I I PEST POO"J, MA -Er RESTPOOM WOMEN oe xx J / RECEIVING' A LL / S I ENTRY WATER FEATURE !/'/AIT AREA CMANF_A rQ9A III JI-11 0 I 5O-1ES 1tr15 TON COOKING WA / W NUN L,I PEG TON SERVICE IIT L_ L • AR -so•I �. • f .1 VA, '0'-6' I • rvi II D C s—� I '2'-0' 1 II II D // I -1'-a. I 11=4 1=7=1 Pi (11 C _) x59715T5 -3'-0• SCALE 3/32"®1'-0" 0 0 w 0 z U N IK' ARCHIJECT11RE,INC. 2575 SAN JACINTO AVE, SAN JACGSI'O, CA 92583-5319 PHONE 9512252504 FAffi 951.925.5244 DESGN LAYOUT OCT, 3rd, 2008 0 0 "(3 STl< ARCHITECTURE,INC. 2575 SAN JACINTO AVE, SAN JACNTO, CA 92523-5313 PHONE: 451925.2504 FAX 9519250244 THE PRESS - ENTERPRISE Phone #: Name: Address: CLASSIFIED ADVERTISING Printed by: Tinajero, Maria at: 12:01 pm on: Thursday, Apr 30, 2009 Account Information (951) 487-7330 SAN JACINTO, CITY OF 1P0BOX 488 SAN JACINTO CA 92583 Acct'#: 103537 Client Placed by: Asher Hartel Fax #: (951) 654-8021 Ad Information Classification Legals Publications:; Press -Enterprise Start date: 05-02-09 Stop date`.` 05-02-09 Insertions: 1 Rate code: LE -City Ad type: Ad Liner Taken by: Tinajero, Maria Size: 2x65.370 Bill size: 131.00x 5.14 agate fines Amount due: 144.10 Ad #: 9818035 Ad Copy: NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION NOTICE 15 HEREBY GIVEN THAT, ON THURSDAY, MAY 21, 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. General Plan Amendment 3-08, Change of Zone 6- a8, and Conditional Use Permit 15-08 Applicant: Shelbron Investments 1590 Shelbron Court San Jocinto, CA 92582 A proposal to develop 13 acres of a 43.7 acre parcel lo- cated at the southwest comer of Cawston Avenue and Ramona Expressway (APN 430-100-0171 with an 88,233 _.' square foot 3-story hotel, 10,140 square fool restauront and 31,500 square feet of retail space In four buildings. Alcohol consumption is likely to occur in both the res- tauront and hotel. Also proposed is a General Plan Amendment removing the 13 ocm site fmm the Gateway Planning Area by designating the site as Community Commercial (CC) and for consistency, chonging the zone from Light Manufacturing (M-1) to General Com- mercial (C-2). The Planning Commission conducted a public hearing on Aprti 23, 2009, and recommended City Council approval of the project. An environmental In81ol study hos been conducted which has determined thot this project will not have o significoni impact on the environment with the incorpo- ration 0r mitigation measures. Therefore, a Mitigofed Negative Dedoroflon is recommended. 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 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 S. SAN JACINTO AVENUE, SAN JACINTO, CA. PHONE: (951) 487-7330. ALL INTERESTED PAR- TIES ARE INVITED TO ATTEND. Asher Hertel Planning Director PUBLISH DATE: May 2,2009 5/2 3450 Fourteenth St. Riverside, CA 92501-3878 1-800-880-0345 951-684-1200 951-368-9018 Fax CITY OF SAN JACINTO CITY COUNCIL Notice of Public Hearing and Notice of Intent to Adopt a Mitigated Negative Declaration General Plan Amendment 3-08, Change of Zone 6- 08 and Conditional Use Permit 15-08 PROPOSA ENVIRONMENTAL DATE/TIME WHERE WHO TO A proposal to develop 13 acres of a 43.7 acre parcel located at the southwest corner of Cawston Avenue and Ramona Expressway (APN 430-100-017) with an 88,233 square foot 3-story hotel, 10,140 square foot restaurant and 31,500 square feet of retail space in four buildings. Alcohol consumption is likely to occur in both the restaurant and hotel. Also proposed is a General Plan Amendment removing the 13 acre site from the Gateway Planning Area by designating the site as Community Commercial (CC) and for consistency, changing the zone from Light Manufacturing (M-1) to General Commercial (C-2). The Planning Commission conducted a public hearing on April 23, 2009, and recommended City Council approval of the project. Subject Site APPLICANT: Shelbran Investments 1590 Shelbran Court San Jacinto, CA 92582 An environmental initial study has been conducted which has determined that this project will not have a significant impact on the environment with the incorporation of mitigation measures. Therefore, a Mitigated Negative Declaration is recommended. Thursday, May 21, 2009 7:00 p.m. San Jacinto Unified School District Board Room 2045 S. San Jacinto Ave. San Jacinto, CA 92583 For additional information contact: Asher Hartel Community Development Dept. 595 S. San Jacinto Ave San Jacinto, CA 92583 (951) 487-7330 District Offices prgatgltrab et }y¢,MY 6j Son . 3dmd 8famd 0 AGENDA ITEM 5•I May 21, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Barry McClellan, City Clerk SUBJECT: Planning Commission Vacancy RECOMMENDATION: Staff recommends that the City Council, by motion, direct staff to advertise for applications or select from the previous applications received in January 2009, to fill the term that expires in October 2009, upon recommendation of the Selection Subcommittee. BACKGROUND: According to the San Jacinto Municipal Code Chapter 2.32, "Section 2.32.050 Filling of vacancies generally: If a vacancy in the membership of the city planning commission occurs otherwise than by expiration of term, it shall be filled by appointment for the unexpired portion of the term. (Prior code § 2.24.050)" The current vacancy's term expires October 2009. DISCUSSION: The Selection Subcommittee consists of Mayor Dale Stubblefield and Council Member Jim Ayres. Council may wish to request that the Subcommittee make a recommendation for planning commissioner from the previous applications, or Council may wish to direct staff to advertise for applications. FISCAL IMPACT: None Page 1 of 2 ALTERNATIVES: 1. Request Selection Subcommittee to make a recommendation from the previous applications; or 2. Direct staff to advertise for applications. ATTACHMENTS: ► Exhibit A — San Jacinto Municipal Code Chapter 2.32 Page 2 of 2 Chapter 2.32 PLANNING COMMISSION Page 1 of 2 Sections: 2.32.010 2.32,020 2.32.030 2.32.040 2.32.050 2.32.060 2.32.070 2.32.080 Chapter 2.32 PLANNING COMMISSION Created. Composition. Compensation. Term. Filling of vacancies generally. Filling of vacancy for poor attendance. Removal from office —Vote required. Advisory agency. 2.32.010 Created. The city planning commission is created, and shall be known as the San Jacinto planning commission. (Prior code § 2.24.010) 2.32.020 Composition. The city planning commission shall consist of five members who shall be appointed by the city council of which two members may be residents of the city's approved and adopted sphere of influence, and three members must be and remain residents of this city as a condition of holding their office. (Ord. 997 § 1, 1994: prior code § 2.24.020) 2.32.030 Compensation. All members of the city planning commission shall receive for his or her service as such the salary of one hundred seventy-five dollars ($175.00) per month, in addition to reasonable expenses incurred in the performance and discharge of their duties as members thereof, which shall be allowed and paid by the city council. (Ord. 07-02 § 3: Ord. 1036, 1997; prior code § 2.24.030) 2.32.040 Term. The term of office of each of the original appointees shall be determined by lot so that the terms of two members shall be for one year, and terms of the next two members shall be for two years and the remaining member for three years. Successors to the original appointees shall serve terms of four years. (Prior code § 2.24.040) 2.32.050 Filling of vacancies generally. If a vacancy in the membership of the city planning commission occurs otherwise than by expiration of term, it shall be filled by appointment for the unexpired portion of the term. (Prior code § 2.24.050) 2.32.060 Filling of vacancy for poor attendance. If a member of the city planning commission absents himself or herself, without written permission of the chair of such commission, from all regular meetings of such commission for sixty (60) days consecutively from the last regular meeting he or she attended, his or her office shall become vacant and shall be filled as any other vacancy. (Prior code § 2.24.060) 2.32.070 Removal from office —Vote required. The city council, by a four -fifths affirmative vote of all members thereof, may remove any member of the city planning commission from office before the expiration of his or her term, either with or without cause. (Prior code § 2.24.070) 2.32.080 Advisory agency. http: //www.codepubli shing. com/CA/SanJacinto/SanJacinto02/SanJacinto0232.htm1 5/14/2009 Chapter 2.32 PLANNING COMMISSION Page 2 of 2 A. In the event any development project involving a quasi-judicial act by the San Jacinto planning commission for which any legislative act of the city council is also either legally required or proposed by the applicant, the planning commission shall act as an advisory body to the city council only, making a recommendation to the city council on such quasi-judicial act. The city council shall have final approval authority over such quasi-judicial act and shall not be bound by the recommendation of the planning commission. For purposes of this subsection, the term "legislative act" shall include, but not be limited to, the adoption or amendment to any of the following: the city of San Jacinto general plan, any city council ordinance or resolution, the San Jacinto Municipal Code (including the development code), any specific plan, or development agreement. For purposes of this subsection, the term "quasi-judicial act" shall include, but not be limited to, the adoption or amendment of any tentative map, vesting map, parcel map, extension of any tentative map, variance, conditional use permit, site development plan review. B. The provisions of subsection A of this section shall prevail over any provision(s) contained within the city's municipal code or development code to the contrary. In the event any such contrary provision requires final action by the planning commission such action by the planning commission shall be limited to making a recommendation to the city council, which shall have final approval authority. (Ord. 04-15 § 2) This page of the San Jacinto Municipal Code is current through Ordinance 08-22, passed October 23, 2008. Disclaimer: The City Clerk's Office has the official version of the San Jacinto Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. City Website: http://www.ci.san-jacinto.ca.us/ Telephone number: (951) 487-7330 Code Publishing Company Voice: (206) 527-6831 Fax: (206) 527-8411 Email: CPC@codepublishing.com http://www. codepublishing.com/CA/SanJacinto/SanJacinto02/SanJacinto0232.html 5/14/2009 AGENDA ITEM 5.2 May 21, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Habib Motlagh, City Engineer SUBJECT: Estudillo Heritage Park Perimeter Landscaping Project (CIP 04- 077), award of contract RECOMMENDATION: Staff recommends that the City Council, by motion, award the contract for the Estudillo Heritage Park Perimeter Landscaping Project to the low bidder from the May 18, 2009 bid opening, authorize the City Manager to sign the public works contract, and direct the City Clerk to reject all other bids. DISCUSSION: At its meeting on April 16, 2009, the City Council authorized staff to advertise the Estudillo Heritage Park Perimeter Landscaping project for bids. The bid opening is scheduled for May 18, three days prior to the Council meeting. Staff is bringing the award of contract to the Council for approval just three days after the bid opening. The purpose of this fast turnaround is that the contract must be awarded prior to June 2, or the City will need to go back to Caltrans for a new authorization using a new federal formula for disadvantaged businesses. In the interest of saving time and avoiding further delays and red tape, the contract must be awarded at the May 21 meeting. At the Council meeting, staff will have a handout summarizing the bids that were received as well as the references for the low bidder. Furthermore, staff will have a handout with a detailed recommendation for the Council regarding the award of contract. The proposed schedule for this work is as follows: Page 1 of 2 • May 18: Bid Opening • May 21: Council award of contract • July 7: Mandatory start of construction • September 6: End of construction (60 calendar day contract) ALTERNATIVES: Approval: Award the contract to the low bidder from the May 18 bid opening, or take action as recommended by staff at the Council meeting Denial: Do not approve the contract FISCAL IMPACT: Once the bid opening has occurred, staff will review the low bid and the available budget, and prepare a recommendation for any necessary budget adjustment to fully fund construction. A handout will be provided at the Council meeting reviewing the project's fiscal impact. ATTACHMENTS: n/a Page 2 of 2 AGENDA ITEM J. 3 May 21, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Barry McClellan, City Manager SUBJECT: Adjournment of July 16, 2009 and August 20, 2009 Regular City Council Meetings RECOMMENDATION: Staff recommends that the City Council, by motion, adjourn the regular city council meetings scheduled for July 16, 2009, and August 20, 2009, to the next regular meetings, August 6, 2009, and September 3, 2009, respectively. DISCUSSION: Generally, city councils "go dark" for one or more meetings in the summer to allow for family vacations when children are out of school. Several of the committees and agencies the council members serve on are dark during this time. Therefore, it would be desirable to consider adjourning these meetings for that purpose. ALTERNATIVES: 1) Approve adjourning both the July 16, 2009 and August 20, 2009 to the following regular city council meetings, August 6, 2009, and September 3, 2009, respectively 2) Select other dates 3) Take no action FISCAL IMPACT: None ATTACHMENTS: Calendar July/August Approvals City Manages Finance Direc Page 1 of 1 6006. If 0£ 6Z 8Z LZ 9Z SZ t'Z £Z ZZ IZ OZ 61 81 LI 91 SI VI £I ZI II OT 6 8 L 9 S t £ Z I 1�S 1{g rua Pam ant UOJH WIS 600Z snanv T£ 0£ 6Z 8Z LZ 9Z SZ 17Z £Z ZZ IZ OZ 61 81 LI 91 SI PT £i ZI TT OI 6 8 L 9 S £ Z I NS' N,4 Pail any «ON CMS Sinr AGENDA ITEM 5 �{ May 21, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Habib Motlagh, City Engineer SUBJECT: 2009-10 Capital Improvement Project Budget Presentation RECOMMENDATION: Staff recommends that the City Council receive the presentation from staff regarding the proposed 2009-10 Capital Improvement Project budget, and provide any direction or requests to staff for inclusion in the final budget (to be adopted at a subsequent meeting). DISCUSSION: City staff has prepared the CIP budget for 2009-10, and at the Council meeting handouts will be provided and a presentation given summarizing the budget transfers, additions, and new projects proposed for the coming year. At the meeting the City Council is asked to provide any direction or requests regarding the upcoming year's capital project efforts. ALTERNATIVES: No alternatives are needed —this item is for Council discussion only. FISCAL IMPACT: There is no fiscal impact associated with the Council's initial review of the 2009- 10 CIP Budget. ATTACHMENTS: n/a Page 1 of 1 AGENDA TRANSMITTALA- FORM TO. d, City Clerk Enclosure: Staff Report for meeting of 5-A/ -o [CC or RDA] (date) FO 01_1-1 U P ©F FX oVid 7—1 0 41" c2 (name — brief description) Consent Calendar Item — Public Hearing Item: Notice required yes no Copy attached yes no Published (date(s)) Notices sent (date(s) " Cij`Departments Item Attachments include (this needs to match the attachment list in the Staff Report: A. 6VAaLe.7 ,eytel-Pi ce -- /war 7, 2607 B. eawcie Pcow7 — ivtay 7, 2o49 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: S-/q- o, biy [Name or Initials], [Title] S:ACity Clerk\CC RPT 061AGENDA Transmittal Form.doc AGENDA ITEM 5.5 May 21, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Barry McClellan, City Manager SUBJECT: Second Review of Proposed FY 2009-10 Budget RECOMMENDATION: Staff recommends that the City Council review the budget detail provided herein and provide direction to staff for the final budget to be presented June 4, 2009. BACKGROUND: For the proposed budget for FY 2009-10, staff has recommended approximately a $600,000 reduction in General Fund spending, a $1.3 million reduction in Development Services spending, and a $229,000 increase in spending for Public Safety. The reductions were necessitated by a decrease of $1.4 million in General Fund revenues and a decrease of $763,000 in Development Services revenues. The Public Safety budget is projected to be only increased by 2.5%. DISCUSSION: Staff presented the draft FY 2009-10 budget to the city council on May 7, 2009. The presentation included a discussion of general fund and development services declining revenues, the need for recent cost reductions, and the need to continue to subsidize the Public Safety Community Facilities District (CFD) with general fund reserves. For your reference, a copy of the May 7 Budget Message and the PowerPoint presentation are attached. Along with the Budget Message, the budget summary was included with the May 7 material. The summary provided a categorical summary of all proposed program expenditures and line item detail of all revenues received and projected over a four-year period. With this May 21 report, included detailed line item expenditure requests are broken down by program and categories within each program. Page 1 of 2 Also, service contracts were discussed. First, there was discussion regarding the Washington D.C. federal consultant contract not being renewed. Second, the contract with Senior Home Repair, Inc. was discussed in terms of bringing the senior home repair program in-house and saving the 15% administrative fee, which is funded by Redevelopment Agency funds. Third, Councilman DiMemmo asked if we could look at also bringing the Kiosk Sign Program in-house, which is currently administered by United Communities Network. A review and discussion of these contracts will be included as part of the June 4 Final Budget presentation and action. ALTERNATIVES: 1. Receive and file this report 2. Provide further direction to staff FISCAL IMPACT: Changes provided to staff would have a corresponding impact on the totals now proposed in the Final Budget scheduled to be adopted June 4, 2009. ATTACHMENTS: 1. Budget Message — May 7, 2009 2. PowerPoint — May 7, 2009 Page 2 of 2 FY 2009-10 BUDGET MESSAGE May 7, 2009 INTRODUCTION AGENDA►, 5. 3 I am pleased to present the Fiscal Year (FY) 2009-10 Proposed Budget to the City Council and to the community. The purpose of this budget message is to identify important conditions affecting the city's finances and to summarize significant changes to the budget from the previous year. The budget recommended to the City Council is summarized by the general categories below: Budget Category General Fund Operating Interfund Transfers Out to CIP Less General Fund Reductions Development Services LLPD#2 Other Special Districts Redevelopment Agency Interfund Transfers Out to CIP Special Revenue Funds Interfund Transfers Out to CIP Enterprise Funds Interfund Transfers Out to CIP Debt Service Funds Internal Service Funds Other Funds Subtotal All Capital Projects Total Proposed Budget $17,263,142 (3,164,393) $ 5,087,976 (3,447,314) $26,230,108 (25,192,636) $ 7,571,408 (1,712,428) FY 09/10 Budget $14,098,749 ($ 300,000) $1,688,662 $ 3,287,014 $ 3,366,302 $1,640,662 $1,037,472 $ 5,858,980 $ 7,477,158 $ 725,879 $ 643,621 $39,524,499 $33,786,428 $73,310,927 The city's budget is comprised of various independent funds that have legally restricted revenues and expenses except for the General Fund. General Fund expenditures are restricted by policy only and not by legal mandates. Several of the more prominent funds are specifically reviewed in this budget message. The City Council has adopted a best management practice of utilizing two-year budget cycles. In the first year of the cycle staff re -budgets and justifies all expenditures, which is how the FY 2008-09 budget was developed. Then in the second year (FY 2009-10), the budget is a roll over of the base budget with an adjustment for inflation. Typically, in the second year, the City Council considers only significant budget policy issues and new capital projects. However, this is not a typical year nor are these typical times. Instead of rolling over the budget at a fixed percentage or even zero increase as in FY 2007-08, significant reductions have been made to the current FY 2008-09 budget. Over $100,000 was cut from the budget for training and equipment at the mid -year review. Also, five vacant positions have been kept open the entire fiscal year at a savings of over $300,000 in salary alone. Then in April, six positions were eliminated from the budget that will provide a savings of approximately $600,000 in FY 2009-10. With the reorganization of the Community Development and City Clerk's office, the projected expenditure reduction is $975,000 in FY 2009-10. Staff continues to look at ways to further reduce expenditures. Financial Outlook Federal At the federal level, there are no known adverse impacts this fiscal year. In addition to receiving Community Development Block Grant (CDBG) funds, we have applied for Federal Stimulus funding on all levels. We have also submitted an application to the County of Riverside for a portion of the federal Neighborhood Stabilization funds received by the county, which they may grant to non -entitlement (CDBG) cities. State At the state level, the budget problem continues. Shortly after the state budget was belatedly adopted, updated revenue projections caused the state to revisit the budget and to make further changes. However, the latest balancing act relies upon the passage of several state-wide propositions on May 19. If the key propositions, which would "balance" the budget, do not pass then the state will have to consider further reductions, revenue increases or both. In the current state budget they have already taken a slice from Redevelopment Funds that will cost our Redevelopment Agency $390,000. The California Redevelopment Association has filed suit to stop the taking, but that is yet-unregblved. Fortunately, the passage of Proposition 1A in 2004 has discouraged the state from withholding property tax augmentation funds from local government, up to this point, as it did in the past to transfer money to school districts in order to comply with Proposition 98 -- the Educational Revenue Augmentation Fund. However, if the May 19 special election does not provide the means to balance the state budget, they will once again be looking at all ways to balance it with all the attendant concerns to local governments and school districts. Local At the local level, new home construction remains at a stand -still while commercial activity continues but at a much slower pace. Consequently, Development Services (DS) fees continue to drop. Projected fees for this fiscal 2 year are $650,000 and are projected to be $470,000 in FY 2009-10. This is down from $1.69 million in FY 2007-08 and $4.4 million in FY 2006-07. It was this strong activity that provided the means to build a DS reserve beginning in FY 2006-07. Planning and engineering activity continues, albeit at a much slower pace than two to three years ago, as builders continue to process projects for entitlements. Further, property taxes are projected to decrease by 20% in FY 2009-10. Initially, our tax consultant projected a reduction of around 11 % in property tax. However, the county assessor called all cities in e coun peteritly to inform us of our projected reductions based on the latest assessments. This will translate to a reduction of $350,000 in revenue in FY 2009-10, which approximately doubles the earlier projection/assumption. The rate of decrease of our assessed valuation is higher than the county -wide average, but then our increase of 32% two years ago (2006 to 2007) was double the county -wide average increase. Sales tax revenue increased by over $400,000 in FY 2007-08 because of the opening of three shopping centers in that fiscal year. In FY 2008-09, sales tax is estimated to increase by 20 percent or by approximately $400,000. In FY 2009- 10 sales tax is estimated to decrease by approximately 4% based upon projections by our tax consultant. This will be a decrease of approximately $95,000 in revenue. Motor vehicle license fees continue to be the single largest source of revenue to the general fund. For the current year, the revenue is projected to be down 5% or $220,000. This revenue historically increases each year; however, with the reduction in new car sales this ad valorum tax was significantly affected. The projection for FY 2009-10 is a decrease of 9.7 %, which will be an additional $375,000 drop in this revenue. In summary, in addition to our Development Services program fee reductions, we are projecting a net reduction in the above three taxes (property, sales and vehicle) of approximately $820,000 in FY 2009-10. Clearly, this downturn has. created a structural deficit, which must continue to be reduced in the following fiscal year(s) until the economy improves. PROPOSED GENERAL FUND BUDGET The General Fund budget is divided into three major components, which are the general government services, development services, and the capital budget. Development services (DS) (planning, building, and engineering functions) are separately distinguished from other general government services (public safety and administration) because development -processing fees typically fund those particular functions. Because some fees are collected for services that may continue or may be fully provided in a following fiscal year, a separate DS reserve was established in order to fund those future services. For better 3 accounting control, the planning, engineering and building functions are now in a separate fund — Fund 11. Typically, development services are subsidized by the General Fund when revenues are less than expenditures. Up until two years ago, revenues exceeded expenditures, hence the positive balance in that reserve and fund. In FY 2008-09, the DS operations drew down that reserve $1.7 million and the projected draw down for FY 2009-10 is $1.2 million, leaving less than $500,000. The placing of DS in a separate fund more clearly shows either its General Fund subsidy or its contribution to DS reserves. Overall, the recommended expenditures in DS are reduced by approximately $670,000 from FY 2008-09 expenditures. In April 2009, four positions were eliminated in development services and three other positions remained unfilled. However, because of fixed costs other than staffing, DS will still need to be subsidized by the General Fund in FY 2009-10. If necessary, further reductions may be considered in FY 2010-11. The third component is the General Fund capital budget, which is available to fund one-time capital projects from a designated capital reserve in the General Fund. This reserve was established in order to provide additional funding, when it was available, for capital projects. With the adoption of the FY 2006-07 budget, the City Council adopted the policy to transfer remaining year-end fund balance to the capital budget reserve after the Contingency Reserve and Development Services reserve are funded for the fund balance. There will be only a modest level of funds ($330,225) available to transfer into the capital budget reserve at the end of FY 2008-09. Other than those projects already funded or augmented by General Fund capital reserves, staff recommends that no future projects be funded with these capital reserves until all revenues return to prior levels. This will provide a Capital Projects reserve of $9,411,903 at 6-30-10. If needed at a future point, the Capital Reserve could be transferred to the Contingency Reserve because it is general fund money. The general government services component requires the use of reserves in FY 2009-10. This is due to the downturn in funds received from the Public Safety district for new development (Community Facilities District 2003-1). This subsidy began in FY 2006-07 and was fully reviewed in a budget update report dated February 5, 2009. The Public Safety CFD portion of that report is replicated below for your convenience: Public Safety CFD This District was implemented by the City Council in FY 2003-04 to help cover increasing costs created by the new demands for service because of the rapid growth in the city. This type of CFD can only assess parcel fees on new 4 construction and cannot assess property owners who were in place prior to the adoption of this CFD. Therefore, this CFD was never intended to nor could it legally provide 100% of the revenue needed to operate both the police and fire departments. Projections indicated that there would be a need for the city to continue to budget GF money to public safety budgets for the increases due to growth. Perhaps closer to build -out of the city is when that subsidy will not be necessary. A report prepared by Taussig and Associates, which included four scenarios with different staffing levels and the timing of the construction of a new fire station forecast that the General Fund would be paying for increased public safety costs in either FY 07-08 or in FY 08-09. Because the CFD had an excess of revenues over expenditures it's first three years, a significant fund balance developed by FY05- 06, which was used for the increased costs from the new fire station that was opened in the fall of 2006. The recession has now accelerated the need for an increased subsidy because of the huge downturn in new home construction. To better understand the reason, the CFD has two revenue components. Special Tax "A" are the annual levies on new properties for their share of the public safety service. Special Tax "B" is one-time revenue collected at the time of the building permit, which has slowed to a very small trickle, of course. The table below will demonstrate the trend with these two revenue components. REVENUES Tax "A" 0 $62,179 $516,984 $960,473 $1,265,144 Tax "B" $210,248 $876,099 $941,832 $348,745 $43,337 Interest $4,434 $8,229 $62,717 $97,518 $42,035 Vim.. c As can be seen, the precipitous drop in development has caused the permit portion of the special tax to drop for $941,832 in only two fiscal years. Further, the projection for receipts of "B" tax in FY 08-09 is $18,000 and Tax "A" is projected at decrease from FY 07-08 to $1,175,000 in FY 08-09. The reason for Tax "A"s decrease in an increasing delinquency rate due to the increase in home foreclosures and delinquent taxes. Unlike secured property taxes, which the city receives from the county even if the taxes are delinquent, the Teeter Plan does not cover special taxes and assessments. Therefore, the increasing delinquency rates have an increasing affect on the annual levies, which are Special Tax "A." With that being said, with a new fire station added in the first quarter of FY 06-07 and nine sworn police officers added over fiscal years FY 06-07 and FY 07-08 because of the rapid growth, the increased costs for which the CFD was formed, continue to increase. The table below will demonstrate this trend. 5 EXPENDITURES Police Fire 0 $2,323 0 0 $613,814 $391,191 $865,173 $1,037,619 $915,108 $1,687,736 Admin $32,770 $24,625 $20,965 As can be seen from the two tables, there were higher expenditures for eligible costs paid by the CFD than revenues in the last two complete fiscal years, FY 06-07 and FY 07-08. However, the fund balances at the end of FY 05-06 and FY 06-07 were $1.6 million and $1.1 million respectively, which funded the difference in those two fiscal years. While $900,000 per year in Special Tax `B"— Permits was not projected to be sustainable, neither was it or could it have been projected that those revenues could have dropped from over $900,000 to under $100,000 in only two years. (End of extract from February 5, 2009.) The table below shows the projected revenues based on the three components of the General Fund operating budget and the recommended budget expenditures by category. Operating Budget Sources of Funds General Government Development Services Total Uses of Funds General Government *(Less further reductions) Development Services Public Safety Total FY 2009-10 $13,991,265 $ 470,005 $14,461,270 $ 4,890,114 $ (300,000) $ 1,688,662 $ 9,208,634 $15,487,410 *This additional reduction helps to mitigate the operating deficit of the General Fund and Development Services to approximately $1 million. Additionally, the General Fund subsidy to the Public Safety CFD in FY 2009-10 depletes the Contingency Reserve of $1.3 million. General Fund Budget Issues Staff is not recommending any increased service levels or major equipment purchases in the coming fiscal year. In fact, six employees were laid off in April 2009, and I recommend four vacant positions be eliminated in the proposed budget. Recent past service level increases: In FY 2007-08, four sworn officers were added to police and a paramedic program was implemented at both fire stations. In FY 2006-07, three sworn police officers were added to the department. Also, the Westside fire station was opened, which doubled fire coverage in the city. General Reserves The city has three General Reserves: Contingency Reserve Development Services Reserve Capital Projects Reserve The City Council has stipulated that there will be a Contingency Reserve of a minimum of 15% of the General Fund budget. After that is accomplished, the Development Services Reserve is adjusted either up or down based on revenues, and most remaining fund balance, if any, is placed into the Capital Projects Reserve. The projected year-end (6-30-09) available fund balance is $20,030,097, which includes $12,683,778 in Capital Projects Reserves and $5,150,816 in the Contingency Reserve, which is greater than the 15% minimum. With the recommended further reduction of $300,000 from the General Fund operating budget, the projected available fund balance at 6-30-10 is $14.55 million, which would include $3,858,280 (over 15%) in the Contingency Reserve, $9,411,903 in the Capital Projects Reserve, and $476,846 in the Development Services Reserve. SPECIAL DISTRICTS The city funds several specific programs with assessment or community facilities districts. These ongoing maintenance and operation districts finance portions of public safety, sewer lift stations, street lighting, and parkways and median maintenance. The city has formed a 1982 Act Street Maintenance District that will assess new streets as they are accepted into the city's street system in the future. CFD 2003-1 Public Safety — Police and Fire Operations $2,666,786 AD 2003-1 Street Maintenance $78,712 LLPD#1 Lighting and Landscape Maintenance $620,800 LLPD#2 Lighting and Landscape Maintenance $3,287,016 7 ENTERPRISE FUNDS The Enterprise Funds consist of three separate funds for the city's municipal water system, the city's sewer collection system, and the franchised solid waste enterprise. City staff operates and maintains both the water and sewer systems, for which rates are collected from our utility customers. The City Council in 2005 approved both Water Master Plan and Sewer Master Plan updates. The Water and Sewer funds had been in deficit prior to the study's completion, and the financial analysis portions of the plans recommended a strategy for incrementally increasing both sewer and water rates over a period of several years. With the coming increase in mid-2009, the funds are projected to be out of the deficit and to provide a minor amount to begin applying to capital improvements. The study will be updated in conjunction with a pending analysis outlined in the following paragraph. As Council is aware, the city has been involved in discussions with other water purveyors in the San Jacinto Valley to become partners in a Ground Water Management Plan (GWMP). The Water Policy Committee has been meeting for a number of years, and the conclusion of the plan development is nearing. Our consulting water engineer has been asked to analyze the costs to our customers to participate in this regional plan. Along with that, we plan to retain them to update our rates and operational costs as they did in 2004-05. When this is completed, it will be reviewed with the Council for further possible action if it is necessary. REDEVELOPMENT AGENCY FUNDS The Redevelopment Agency (RDA) receives almost all of its funding from property tax increment. The RDA has projected revenues of $6,445,111 and recommended expenditures of $8,770,594 for FY 2009-10. Projected expenditures are acceptably higher because of an adequate fund balance of $10.8 million. The expenditures include debt service on bonds, pass through payments to other governments and districts, downtown facade improvement program, and various housing rehabilitation programs. The tax increment is estimated to decrease 14% in FY 2009-10. MEASURE A FUND The Measure A Fund is used to account for the receipt and disbursement of the city's share of the county -wide half -cent sales tax, which is specifically allocated for transportation related projects pursuant to legislation passed by Riverside County voters. The annual revenue from the fund is estimated to be $756,000 in FY 2009-10, which is up from the projected $660,000 in FY 2008-09. 8 CAPITAL PROJECTS The proposed and carry-over capital projects for FY 2009-10 will be presented to the City Council at the meeting of May 21, 2009. This will include all projects from all funding sources. NEW PROGRAMS OR PROJECTS FOR CONSIDERATION There are no new programs or special projects recommended this year because of the state of the economy. CURRENT PROGRAMS FOR REVIEW AND DISCUSSION 1. Federal Consultant Joni Goodman contract -- $12,500 SPECIAL EVENTS 1. Independence Day Parade and Activities 2. Veterans Day Ceremony 3. Christmas Tree Lighting 4. Groundbreaking Ceremonies 5. State of the City Event 6. Unscheduled Events 7. Neighborhood Cleanups TOTAL This recommendation is a reduction of $29,700 from last fiscal SUMMARY year. $16,000 $ 6,000 $ 3,000 $ 1,000 $ 5,000 $ 5,000 $12,000 $48,000 The proposed budget is oriented to maintaining previously increased service levels that have been implemented the last three years. This includes maintaining existing service levels in public safety, reducing service levels in development services, and building the city's infrastructure to support continuing growth. The city's financial position remains sound. Although development services fees are down for the third consecutive year, the city has prudently reserved past development related revenues to pay for the needed ongoing services. Property taxes will decrease by approximately $350,000 in the coming year and sales taxes will decrease slightly, but the city has a larger sales tax base with the strong increases in the prior two fiscal years. While residential construction has stopped, commercial construction continues during this slower economic cycle. 9 With the adoption of the proposed budget as presented, the projected fund balance on 6-30-10 is $14.55 million (including the proposed $300,000 in reductions). However, if the recession continues through the coming fiscal year, more service level reductions will need to be seriously considered for the FY 2010-11 budget year. In closing, I would like to express my sincere appreciation to the Finance Department and to all the other departments and staff that helped to produce this FY 2009-10 proposed budget. Finance Department Connie Rogers -Elmore, Interim Finance Director Tom Prill, General Accounting Manager Cindy Bohn, Finance Supervisor/Risk Manager Wendy Welch, Accounting Technician Debbie Vickery, Administrative Secretary Administration Tim Hults, Assistant City Manager Claudia Maunz, Executive Assistant Respectfully submitted, Barry McClellan City Manager 10 Total Budget ■ General Fund $13,798,749 • Other Funds $25,725,750 • Sub -total $39,524,499 • Capital Projects $33,786,428 • Total Proposed Budget $73,310,927 BUDGET COMPARISON ■ 2008-09 2009-10 • GF $14,173,511 $13,798,749 • Non $27,972,416 $25,725,750 • CIP $39,721,252 $33,786,428 • Total $81,867,179 $73,310,927 1 $90,000,000 $80,000,000 $70,000,000 $50,000,000 $50,000,000 $40,000,000 $30,000,000 $20,0 oa,000 $10,000,000 $0 General Fund . Projected Revenues • General Government $13,991,265 • Development Services $ 470,005 ■ Total $14,461,270 Revenue Comparison Two Year Period • FY 2008-09 FY'2009-10 • Gen Gov't $15,372,521 $13,991,265 • Dev Svcs $ 1,233,000 $ ' 470,005 . Total $16,605,521 $14,461,270 2 GF Revenues — 3 Years $18,000,000 $16,000,000 $14,000,000 <- $12,000,000 - 510,000,000 $8,000,000 $6,000,000 $4,000,000 52,000,000 $0 Gen Gov't Dev S 2007-08 2008-09 2009-10 Major GF Revenue Sources ■ Projected: 2008-09 2009-10 . Vhl Lic Fee $3,875 000 $3,500,000 • Property Taxes $2,475,300 $2,203,580 . Sales Taxes $2,346,799 $2,250,000 ■ Franchise Fees $1,460,000 $1,465,000 . Interest $ 525,000 $ 476,170 4500000 4000000 �'.. 3500000 3000000 2500000 2000000 1500000 1000000 500000 0 VLF Prop Tax Sales Tax F ID 2005-06 n 2006-07 ❑ 2007-08 r z606-0s; ,0 2000-10j 3 GF Operating Budget FY 2008-09 FY 2009-10 • Gen Gov't $ 5,193,653 $ 4,590,114 • Dev Svcs $ 2,967,374 $ 1,688,662 • Public Sfty $ 8,979,858 $ 9,208,634 • TOTAL $17,140,885 $15,487,410 18000000 'I 18Do000D--I 14000000-'� 1200000D- 10D00000 000000D 6D0D000 4D00000 2000000 D Gen Govt Dev Svcs Public Sfty Total. U 2008-09 0 20D9-1D Public Safety Ratio 3D% o Public Sfty''.. G Gen Govt ❑ Dev Svcs' 4 Projected Fund Balances FY 2008-09 FY 2009-10 Contingency $5,150,816 $3,858,280 Reserve Capital $12,683,778 $9,411,903 Reserve Development $1,695,503 1 $476,846 Svcs Reserve Discussion Points Contracts and Programs Current Contracts • Federal Consultant — Joni Goodman • Senior Home Repair Program, Inc.' • No new programs or increased service levels are recommended this year. 5 Conclusion • The budget is balanced by a reduction of expenditures of over $1 million for staffing and other costs and by the use of reserves • The Public Safety CFD must be augmented by $1.3 million from general fund. • All other general fund operations are projected to receive $200,000 more revenue than to be expended. Outlook • The state budget (May Revise) Includes an option to "borrow" property tax: $560,000. • With no change in the building Industry, further reductions will be necessary In Development Services in FY 2010-11. . Contingency Reserve projected to be more than 20% at end of FY 2009-10. . Capital Reserves are general fund monies that can be used in an emergency. ACKNOWLEDGEMENTS • Finance Department • Connie Rogers -Elmore, Interim Finance Dir • Tom Prill, General Accounting Manager • Wendy Welch, Accounting Technician • Debbie Vickery, Administrative Secretary 6 ACKNOWLEDGEMENTS • Department Heads • Tim Hults • Jeff Ballinger • Mike Emberton • Habib Motlagh • Asher Hartel • Lt. Bill Tyler • Chief Bob Michael Administration Claudia Maunz Carolyn Durden Pam Stull 7 RIVERSIDE COUNTY TRANSPORTATION COMMISSION BUDGET AND IMPLEMENTATION COMMITTEE www.rctc.org AGENDA* *Actions may be taken on any item listed on the agenda 9:30 a.m. Monday, April 27, 2009 BOARD ROOM County Administrative Center 4080 Lemon Street, First Floor Riverside, California In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72 hours prior to the meeting, which are public records relating to open session agenda items, will be available for inspection by members of the public prior to the meeting at the Commission office, 4080 Lemon Street, Third Floor, Riverside, CA, and on the Commission's website, www.rctc.org. In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if you need special assistance to participate in a Committee meeting, please contact the Clerk of the Board at (951) 787-7141. Notification of at least 48 hours prior to meeting time will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC COMMENTS - Each individual speaker is limited to speak three (3) continuous minutes or less. The Committee may, either at the direction of the Chair or by majority vote of the Committee, waive this three minute time limitation. Depending on the number of items on the Agenda and the number of speakers, the Chair may, at his/her discretion, reduce the time of each speaker to two (2) continuous minutes. Also, the Committee may terminate public comments if such comments become repetitious. In addition, the maximum time for public comment for any individual item or topic is thirty (30) minutes. Speakers may not yield their time to others without the consent of the Chair. Any written documents to be distributed or presented to the Committee shall be submitted to the Clerk of the Board. This policy applies to Public Comments and comments on Agenda Items. Budget and Implementation Committee April 27, 2009 Page 2 Under the Brown Act, the Board should not take action on or discuss matters raised during public comment portion of the agenda which are not listed on the agenda. Board members may refer such matters to staff for factual information or to be placed on the subsequent agenda for consideration. 5. APPROVAL OF MINUTES - FEBRUARY 23, 2009 6. ADDITIONS/REVISIONS (The Committee may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Committee subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Committee. If there are less than 2/3 of the Committee members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of the agenda.) 7. CONSENT CALENDAR - All matters on the Consent Calendar will be approved in a single motion unless a Commissioner(s) requests separate action on specific item(s). Items pulled from the Consent Calendar will be placed for discussion at the end of the agenda. 7A. ANNUAL INVESTMENT POLICY REVIEW Overview This item is for the Committee to: 1) Adopt the Annual Investment Policy; 2) Adopt Resolution No. 09-008, "Resolution of the Riverside County Transportation Commission Regarding the Revised Investment Policy"; and 3) Forward to the Commission for final action. 7B. QUARTERLY INVESTMENT REPORT Overview This item is for the Committee to: 1) Receive and file the Quarterly Investment Report for the quarter ended March 31, 2009; and 2) Forward to the Commission for final action. Budget and Implementation Committee April 27, 2009 Page 3 8. PROPOSED BUDGET FOR FISCAL YEAR 2009/10 Overview This item is for the Committee to: 1) Discuss, review and provide guidance on the proposed Budget for FY 2009/10; 2) Open the public hearing in order to receive input and comments on the proposed FY 2009/10 Budget on May 13, 2009, and on June 10, 2009, and close the public hearing; and 3) Forward to the Commission for final action. 9. REVISIONS TO THE 2009 MEASURE A LOCAL STREETS AND ROADS PROGRAM MAINTENANCE OF EFFORT GUIDELINES Overview This item is for the Committee to: 1) Approve the proposed revisions to the 2009 Measure A Local Streets and Roads Program Maintenance of Effort (MOE) guidelines; 2) Adopt Resolution No. 09-007, "Resolution of the Riverside County Transportation Commission Regarding Revisions to the 2009 Measure A Local Streets and Roads Maintenance of Effort Guidelines"; and 3) Forward to the Commission for final action. 10. RECURRING CONTRACTS FOR FISCAL YEAR 2009/10 Overview This item is for the Committee to: 1) Approve the recurring contracts for FY 2009/10; and 2) Forward to the Commission for final action. Budget and Implementation Committee April 27, 2009 Page 4 11. AGREEMENT WITH ELITE ELECTRIC INC. TO PROVIDE ELECTRICAL LIGHTING MAINTENANCE FOR THE FIVE METROLINK STATIONS IN RIVERSIDE COUNTY Overview This item is for the Committee to: 1) Approve selection of and award Agreement No. 09-24-059-00 to Elite Electric Inc. to provide electrical lighting maintenance services at the five Commission -owned Metrolink stations for a total contract amount of $262,000; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Forward to the Commission for final action. 12. CITY OF RIVERSIDE TRANSPORTATION UNIFORM MITIGATION FEE PROGRAMMING REQUEST FOR THE CONSTRUCTION OF STATE ROUTE 91/VAN BUREN BOULEVARD INTERCHANGE Overview This item is for the Committee to: 1) Approve the city of Riverside's request to program $2 million of Transportation Uniform Mitigation Fee (TUMF) funds from the Regional Arterial Program for the construction phase of the State Route 91/Van Buren Boulevard interchange improvement project; 2) Approve Agreement No. 06-72-036-01, Amendment No. 1 to Agreement No. 06-72-036-00, between the city of Riverside and the Commission to reflect $2 million of construction funds; 3) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 4) Forward to the Commission for final action. Budget and Implementation Committee April 27, 2009 Page 5 13. AMENDMENT TO AGREEMENT WITH DAVID EVANS AND ASSOCIATES FOR THE DEVELOPMENT OF PLANS, SPECIFICATIONS, AND COST ESTIMATE FOR THE CONSTRUCTION OF THE STATE ROUTE 74/INTERSTATE 215 INTERCHANGE IMPROVEMENT PROJECT IN THE CITY OF PERRIS Overview This item is for the Committee to: 1) Approve Agreement No. 07-31-122-01, Amendment No. 1 to Agreement No. 07-31-122-00, with David Evans and Associates, Inc. (DEA) to perform additional work scope to complete the final engineering services and prepare plans, specifications, and cost estimate (PS&E) for the construction of the SR-74/I-215 interchange improvement project in the city of Perris for the additional amount of $ 700, 000; 2) Approve an adjustment to the project budget in the amount of $790,000, from the previously approved base amount of $2,091,662 plus a contingency amount of $218,338 for a total amount of $2,310,000, to a revised base amount of $2,791,662 plus a contingency amount of $308,338 to cover potential future changes in scope for a total not to exceed amount of $3.1 million; 3) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 4) Authorize the Executive Director or designee to execute future amendments from the proposed contingency balance for additional work as required for the project; and 5) Forward to the Commission for final action. 14. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PERRIS AND THE COMMISSION FOR THE DESIGN AND CONSTRUCTION OF RAIL MUSEUM IMPROVEMENTS AT THE PERRIS MULTIMODAL TRANSPORTATION FACILITY Overview This item is for the Committee to: 1) Approve the Memorandum of Understanding (MOU) No. 09-33-070-00 between the city of Perris and the Commission for design and construction of Orange Empire Rail Museum's (OERM) rail museum improvements at the Perris Multimodal Transportation Facility; 2) Authorize the Executive Director or designee, pursuant to legal counsel review, to execute the MOU on behalf of the Commission; and 3) Forward to the Commission for final action. Budget and Implementation Committee April 27, 2009 Page 6 15. AGREEMENTS FOR FREEWAY SERVICE PATROL TRUCK SERVICE Overview This item is for the Committee to: 1) Approve Agreement No. 06-45-531-02, Amendment No. 2 to Agreement No. 06-45-531-00 with Hamner Towing, to extend the term of the agreement for Beat No. 1; 2) Approve Agreement No. 06-45-046-01, Amendment No. 1 to Agreement No. 06-45-046-00 with Tri-City Towing, to extend the term of the agreement and increase the hourly rate from $50.00 to $51.50 for Beat No. 2; 3) Approve Agreement No. 06-45-005-01, Amendment No. 1 to Agreement No. 06-45-005-00 with Pepe's Towing, to add an additional tow truck to Beat No. 25 effective May 2009; 4) Approve Agreement No. 06-45-005-02, Amendment No. 2 to Agreement No. 06-45-005-00 with Pepe's Towing, to extend the term of the agreement for Beat No. 25; 5) Approve Agreement No. 06-45-004-02, Amendment No. 2 to Agreement No. 06-45-004-00 with Hamner Towing, to add an additional tow truck to Beat No. 26 effective May 2009; 6) Approve Agreement No. 06-45-004-03, Amendment No. 3 to Agreement No. 06-45-004-00 with Hamner Towing, to extend the term of the agreement and increase the hourly rate from $50.75 to $52.00 for Beat No. 26; and 7) Forward to the Commission for final action. 16. AGREEMENT WITH THE CITY OF RIVERSIDE FOR FREEWAY SERVICE PATROL SERVICES Overview This item is for the Committee to: 1) Approve Agreement No. 09-45-068-00 with the city of Riverside (City) for Freeway Service Patrol (FSP) services during the construction of the Van Buren Boulevard/State Route 91 interchange reconstruction; and 2) Forward to the Commission for final action. Budget and Implementation Committee April 27, 2009 Page 7 17. RADIO COMMUNICATIONS FACILITY LEASE AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR THE RIVERSIDE COUNTY FREEWAY SERVICE PATROL PROGRAM Overview This item is for the Committee to: 1) Approve Agreement No. 09-45-068-00 with the county of Riverside, Department of Facilities Management, for a radio communications site on Box Springs Mountain for the Riverside County Freeway Service Patrol (FSP) program; and 2) Forward to the Commission for final action. 18. STATE AND FEDERAL LEGISLATIVE UPDATE Overview This item is for the Committee to: 1) Receive and file an update on state and federal legislative activities; 2) Approve the following bill positions: a. AB 798 (Nava) — SUPPORT b. AB 266 (Carter) — SUPPORT IN CONCEPT c. AB 732 (Jeffries) — SUPPORT d. AB 729 (Evans) — SUPPORT e. AB 1403 (Eng) — SUPPORT f. ACA 15 (Arambula) — SUPPORT g. SB 372 (Kehoe) — OPPOSE h. SB 679 (Wolk) — OPPOSE i. H.R. 947 (Calvert) — SUPPORT; and 3) Forward to the Commission for final action. 19. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA 20. COMMISSIONERS / STAFF REPORT Overview This item provides the opportunity for the Commissioners and staff to report on attended and upcoming meeting/conferences and issues related to Commission activities. Budget and Implementation Committee April 27, 2009 Page 8 21. ADJOURNMENT AND NEXT MEETING The next Budget and Implementation Committee meeting is scheduled to be held at 9:30 a.m., Monday, June 22, 2009, Board Chambers, First Floor, County Administrative Center, 4080 Lemon Street, Riverside. EMMEN MEM Riverside Transit Agency 98 P a. Riverside Transit Agency Board of Directors Meeting Regular Meeting No. 2009-4A April 23, 2009 2:00 p.m. County of Riverside Administrative Building Board of Supervisors Chambers 4080 Lemon Street, First Floor Riverside, CA 92501 PLEASE NOTE: The Chairman of the Board kindly requests that cell phones be turned off during the meeting ITEM 1. ROLL CALL 2. SELF -INTRODUCTIONS 3. FLAG SALUTE 4. PUBLIC COMMENTS — NON -AGENDA ITEMS Members of the public may address the Board regarding any item within the subject matter jurisdiction of the Board; however, no action may be taken on off -agenda items unless authorized by law. Comments shall be limited to matters not listed on the agenda. Members of the public may comment on any matter listed on the agenda at the time that the Board considers that matter. Each person's presentation is limited to a maximum of three (3) minutes 5. PRESENTATION TO COACH OPERATOR GRETA DOTSON FOR AVOIDING COLLISION 6. APPROVAL OF MINUTES — MARCH 26, 2009, BOARD MEETING (P. 5) 7. UPDATE FROM DAVID TURCH, WASHINGTON, DC LOBBYIST Any Person. RSA Clerk aft.. inakereasona6 wadi a disalaility wha requires a root he Boarr CelePhane number j95` le:arrangements to assure access iNritirags or documents provided w r riversidaPransit 4 x and a RECOMMENDATION RECEIVE COMMENTS MAKE PRESENTATION APPROVE RECEIVE UPDATE RTA BOARD OF DIRECTORS MEETING APRIL 23, 2009 ITEM 8. CONSENT CALENDAR All items on the Consent Calendar will be approved by one motion and there will be no discussion on individual items unless a Board member or member of the public requests a specific item be pulled from the calendar for separate discussion A. B. C. Financial Profile — March 2009 (P. 12) Ridership Report — March 2009 (P. 25) On -Time Performance Report — March 2009 (P. 30) D. Board Administration and Operations Committee Meeting — 4/1/09 Draft Minutes (P. 31) E. Board Budget and Finance Committee Meeting — 4/1/09 Draft Minutes (P. 35) F. Agency Credit Card Statement — March 2009 (P. 37) G. Quarterly Farebox Recovery Ratio Report (P. 40) H. Fiscal Year 2009 Preliminary Farebox Recovery Ratio (P. 57) I. Corona/Norco/District 2 Holiday Trolley Service Update (P. 59) (Board Administration and Operations Committee Reviewed and Recommended — 4/1/09 Meeting) J. Festival of Lights Service Update (P. 62) (Board Administration and Operations Committee Reviewed and Recommended — 4/1/09 Meeting) K. Approval of the Limited English Proficiency Policy (P. 64) (Board Administration and Operations Committee Reviewed and Recommended — 4/1/09 Meeting) L. Approval of the Public Hearing Policy (P. 69) (Board Administration and Operations Committee Reviewed and Recommended — 4/1/09 Meeting) PAGE 2 RECOMMENDATION RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE APPROVE RECEIVE AND FILE APPROVE APPROVE RTA BOARD OF DIRECTORS MEETING PAGE 3 APRIL 23, 2009 M. Authorization to Renumber Routes 18 and 18A (P. 72) APPROVE (Board Administration and Operations Committee Reviewed and Recommended — 4/1/09 Meeting) N. Authorization to Renew Agreement with the Superior Courts of California, County of Riverside, for the Reimbursement of Operating Expenses for Route 50 (P. 77) (Board Budget and Finance Committee Reviewed and Recommended — 4/1/09 Meeting) O. Authorization to Award Agreement No. 8-046 to Henry Brothers Electronics, Inc., for the Configuration and Installation of a Facilities Surveillance System for the Riverside and Hemet Facilities (P. 79) (Board Budget and Finance Committee Reviewed and Recommended — 4/1/09 Meeting) 9. MARCH 2009 PRODUCTIVITY IMPROVEMENT PROGRAM (PIP) RESULTS (P. 82) 10. RESULTS OF ROUTE 52 PUBLIC HEARING AND AUTHORIZATION TO ELIMINATE ROUTE 52 AND EXTEND COMMUTERLINK ROUTES 208 AND 210 (P. 89) 11. AUTHORIZATION TO IMPLEMENT TROLLEY ROUTES 55 AND 57 TO TAKE EFFECT JUNE 29, 2009; AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH THE CITY OF TEMECULA FOR FUNDING TROLLEY ROUTES 55 AND 57; AUTHORIZATION TO AMEND ALL PURCHASED TRANSPORTATION, TIRE LEASE, AND FUEL CONTRACTS AFFECTED BY THESE CHANGES AS APPROPRIATE AND IN ACCORDANCE WITH AGENCY PROCUREMENT POLICY (P. 91) (Board Administration and Operations Committee Reviewed and Recommended — 4/1/09 Meeting) APPROVE APPROVE RECEIVE AND FILE APPROVE APPROVE RTA BOARD OF DIRECTORS MEETING PAGE 4 APRIL 23, 2009 12. AUTHORIZATION TO IMPLEMENT COMMUTERLINK ROUTES 212 AND 217 TO TAKE EFFECT JUNE 29, 2009: AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH RCTC FOR FUNDING ROUTES 212 AND 217L AUTHORIZATION TO AMEND ALL PURCHASED TRANSPORTATION, TIRE LEASE, AND FUEL CONTRACTS AFFECTED BY THESE CHANGES AS APPROPRIATE AND IN ACCORDANCE WITH AGENCY PROCUREMENT POLICIES (P. 96) (Board Administration and Operations Committee Reviewed and Recommended — 4/1/09 Meeting) 13. AUTHORIZATION TO SUBMIT RESOLUTION NUMBER 2009- 07 IN SUPPORT AB 774 TO PERMIT RIVERSIDE COMMUNITY COLLEGE DISTRICT (RCCD) TO ASSESS TRANSPORTATION FEE EQUALLY FOR ALL FULL-TIME RCCD STUDENTS (P. 102) 14. AUTHORIZATION TO AMEND THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) CONTRACT TO OFFER TWO YEARS ADDITIONAL CALPERS SERVICE CREDIT FOR EMPLOYEES WHO ELECT TO RETIRE DURING DESIGNATED PERIOD (P. 110) 15. AUTHORIZATION TO CLOSE PUBLIC HEARING FOR AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) FEDERAL SECTION 5311 FORMULA FUNDS AND RELATED PROJECTS (P. 118) 16. PROCLAMATION IN HONOR OF MUNICIPAL CLERKS' WEEK 17. BOARD MEMBER COMMENTS AND REMARKS 18. ANNOUNCEMENTS 19. NEXT MEETING Regular Meeting of the RTA Board of Directors Thursday, May 28, 2009 2:00 p.m. Board of Supervisors Chambers County Administrative Center 4080 Lemon Street, First Floor Riverside, CA 92501 20. ADJOURNMENT APPROVE APPROVE APPROVE APPROVE Regional Conservation Authority - Board of Directors Agenda - May 11, 2009 Page 1 of 4 I tern Riverside County WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY .wrc-rca.org AGENDA* * Actions may be taken on any item listed on the agenda. Non-exempt materials related to an item on this agenda submitted to the RCA Board after distribution of the agenda packet are available for public inspection at the RCA Offices, 3403 Tenth Street, Suite 320, Riverside, California, during normal business hours. Such documents are also available on the Western Riverside County Regional Conservation Authority website at www.wrc-rca.org subject to staffs ability to post the documents before the meeting. Monday, May 11, 2009 1:00 p.m. Riverside County Administrative Center First Floor Annex - Board Hearing Room 4080 Lemon Street Riverside, CA 92501 In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if special assistance is needed to participate in a Board meeting, please contact the Clerk of the Board at (951) 955-9700. Notification of at least 48 hours prior to meeting time will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting. 1. CALL TO ORDER 2. ROLL CALL 3. PUBLIC COMMENTS lAt this time members of the public can address the RCA Board of Directors regarding I httn•//www_wre-rea.erp/20fl9 RD/09051 1 /09051 1 AGF.NDA.html 5/12/2009 Regional Conservation Authority - Board of Directors Agenda - May 11, 2009 Page 2 of 4 any items within the subject matter jurisdiction of the Board that are not separately listed on this agenda. Members of the public will have an opportunity to speak on agendized items at the time the item is called for discussion. No action may be taken on items not listed on the agenda unless authorized by law. Each individual speaker is limited to speak three (3) continuous minutes or less. Any person wishing to address the Board on any matter, whether or not it appears on this agenda, is requested to complete a Request to Speak form from the Clerk of the Board. The completed fon in is to be submitted to the Clerk of the Board prior to an individual being heard. Whenever possible, lengthy testimony should be presented to the Board in writing and only pertinent points presented orally. Any written documents to be distributed or presented to the RCA Board of Directors shall be submitted to the Clerk of the Board. 4. BOARD MEMBER ANNOUNCEMENTS (This item provides the opportunity for the Board Members to report on attended meetings/conferences and any other items related to RCA activities.) 5. ADDITIONS/REVISIONS (The Board may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Board subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Board. If there are less than 2/3 of the Board Members present, adding an item requires a unanimous vote. Added items will be placed for discussion at the end of the agenda.) 6. APPROVAL OF MINUTES RCA Board Meeting - April 6, 2009 7. CONSENT CALENDAR (All matters listed under the Consent Calendar will be approved in a single motion unless a Board member requests separate action on specific Consent Calendar item. The item will be pulled from the Consent Calendar and placed for discussion.) 7 I 2009 ELECTION OF SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY (SDRMA) BOARD OF DIRECTORS Overview - Staff Report This item is for the RCA Board of Directors to: 1) Receive the infoiuuation for the SDRMA Board of Directors vacancies; and 2) That RCA Board Member(s) interested in seeking election to SDRMA Board of Directors contact RCA staff by May 29, 2009 so that the Resolution for Candidate Nomination can be prepared and submitted for approval at the next meeting. 7.2 RESOLUTION NO. 09-002, RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL httrr//www.wrc-rca.ore/2009 BD/09051 1/09051 1 AGENDA.html 5/12/2009 Regional Conservation Authority - Board of Directors Agenda - May 11, 2009 Page 3 of 4 CONSERVATION AUTHORITY ADOPTING A GIFT OF TICKET DISTRIBUTION POLICY Overview - Staff Report This item is for the RCA Board of Directors to adopt Resolution No. 09-002, A Resolution of the Board ofDirectors of the Western Riverside county Regional conservation Authority Adopting a Gift of Ticket Distribution Policy. 7.3 HABITAT RESERVE FIRE RESPONSE AND SUPPRESSION POLICY Overview - Staff Report This item is for the RCA Board of Directors to receive and file the Habitat Reserve Fire Response and Suppression Policy. 8. DISCUSSION ITEMS 8.1 RECURRING CONTRACTS FOR FISCAL YEAR 2009-2010 Overview - Staff Report This item is for the RCA Board of Directors to approve the Recurring Contracts for Fiscal Year 2009-2010. 9. EXECUTIVE DIRECTOR'S REPORT 9.1 Update on National Summit on Infrastructure and the Environment 10. LAND ACQUISITION UPDATE 11. ITEMS FOR NEXT MEETING Board members are invited to suggest additional items to be brought forward for discussion. 12. CLOSED SESSION: 12A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code Section 54956.8 Negotiating Parties: RCA Director of Land Acquisition and Property Management or Designee Under Negotiation: Price/Terms i Item 1 Assessor Parcel Nos. 390-100-010 Property Owners Freddie H. Reynolds, Reynolds Family Trust hm,.//www.wrc-rca_ora/2009 BD/09051 1 /090511 AGENDA.html 5/12/2009 Regional Conservation Authority - Board of Directors Agenda - May 11, 2009 Page 4 of 4 i 12B. CONFERENCE WITH LEGAL COUNSEL: ANTICIPATED LITIGATION Pursuant to Subdivision (b) of Government Code Section 54956.9 Exposure to Litigation Number of Potential Cases: One (1) 13. ADJOURNMENT The next meeting of the Western Riverside County Regional Conservation Authority Board of Directors is scheduled for Monday, June 8, 2009 at 1:00 p.m. at the County Administrative Center, Board Room, 4080 Lemon Street, Riverside, California. littn://www.wrc-rca.ore/2009 BD/090511/090511 AGENDA.html 5/12/2009 Western Riverside Council of Governments Executive Committee AGENDA Monday, May 11, 2009 2:00 p.m. County of Riverside Administration Center 1st Floor Board Chambers In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if special assistance is needed to participate in the Executive Committee meeting, please contact WRCOG at (951) 955-8320. Notification of at least 48 hours prior to meeting time will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting. In compliance with Government Code Section 54957.5, agenda materials distributed within 72 hours prior to the meeting which are public records relating to an open session agenda item will be available for inspection by members of the public prior to the meeting at 4080 Lemon Street, 3rd Floor, Riverside, CA, 92501. 1. CALL TO ORDER (Jeff Stone, Chair) 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS At this time members of the public can address the Executive Committee regarding any items with the subject matter jurisdiction of the Committee that are not separately listed on this agenda. Members of the public will have an opportunity to speak on agendized items at the time the item is called for discussion. No action may be taken on items not listed on the agenda unless authorized by law. Whenever possible, lengthy testimony should be presented to the Committee in writing and only pertinent points presented orally. 5. CONSENT CALENDAR All items listed under the Consent Calendar are considered to be routine and may be enacted by one motion. Prior to the motion to consider any action by the Agency, any public comments on any of the Consent Items will be heard. There will be no separate action unless members of the Agency request specific items be removed from the Consent Calendar. A. Summary Minutes from April 6, 2009, Executive Committee meeting are P. 1 available for consideration. Requested Action: 1. Approve Summary Minutes from the April 6, 2009, Executive Committee meeting. B. Financial Report Summary for March 2009 Scott Higginbotham P. 5 Requested Action: 1. Receive and file. C. Legislative Review Barbara Spoonhour P. 9 Requested Actions: 1. Support AB 474 (Blumenfield). 2. Support AB 798 (Nava). 3. Support SB 261 (Dutton). 4. Support SB 425 (Simitian). D. Grant Activities Update Barbara Spoonhour P. 41 Requested Action: 1. Receive and file. E. Clean Cities Coalition and Air Quality Activities Barbara Spoonhour P. 45 Update Requested Action: 1. Receive and file. F. Solid Waste Outreach Program Activities Update Barbara Spoonhour Requested Action: 1. Receive and file. G. AB 811 Activities Update: Contractual Barbara Spoonhour Assessments: Energy Efficiency Improvements Requested Action: 1. Receive and file. H. May 26, 2009, Goods Movement Workshop Kevin Viera Requested Action: 1. Receive and file. I. Energy Efficiency and Conservation Block Barbara Spoonhour Grant Funding Requested Action: 1. Receive and file. P. 47 P. 49 P. 51 P. 55 J. WRCOG Agency Preliminary Draft Budget Ruthanne Taylor Berger P. 65 for FY 2009/2010 Requested Action: 1. Receive and file. K. Establishment of WRCOG Policy Regarding Rick Bishop P. 71 Receipt/Distribution of Gift of Tickets and/or Passes Requested Action: 1. Adopt Resolution Number 08-09: A Resolution of the Western Riverside Council of Governments Regarding the Receipt and Distribution Policy of Tickets and/or Passes in the Furtherance of its Reasonably Defined Public Purposes. L. Draft Model Efficient Landscape Ordinance for Riverside County Jurisdictions Requested Action: 1. Receive and file. Rick Bishop P. 77 M. Nomination of Award Recipients for the Patricia Ann Rick Bishop P. 79 Wilson Award For Outstanding Community Service and Norton Younglove Air Quality Award Requested Action: 6. REPORTS/DISCUSSION 1. Endorse WRCOG Administration & Finance Committee nominations as follows: a. Patricia Ann Wilson Award for Outstanding Community Service: Jamil Dada, Chair, National Association of Workforce Boards; and b. Norton Younglove Air Quality Award: Roy Wilson, Riverside County Supervisor, 4fh District. A. Report from League of California Cities Regional Representative Requested Action: 1. Receive and file. B. Enhanced Water District Participation on WRCOG Requested Actions: 1. 2. 3. Dave Wilimon, League P. 83 of California Cities Rick Bishop P. 85 Recommend that each member jurisdiction of the WRCOG subregion execute the Second Amendment to the Joint Powers Agreement of the Western Riverside Council of Governments to Add Water Districts to the WRCOG Governing Board; Authorize the Executive Director to execute a Memorandum of Understanding between the Eastern Municipal Water District and the Western Riverside Council of Governments Regarding Membership to the Governing Board of WRCOG; and Authorize the Executive Director to execute a Memorandum of Understanding between the Western Municipal Water District and the Western Riverside Council of Governments Regarding Membership to the Governing Board of WRCOG. C. TUMF Program Activities Update Ruthanne Taylor Berger P. 95 Requested Actions: 1. Authorize the Executive Director to execute an agreement with the County of Riverside for the 1-10 Bypass South for planning and environmental work (PA&ED) project from Hathaway Street to Fields Road. 2. Approve the TUMF Deferral option effective for two years (through May 2011). 3. Approve the TUMF Deferral template agreement. 4. Approve the Memorandum of Understanding between WRCOG and the City of Menifee for Community Facilities District No 07-1 (Newport//-215 Interchange) of the County of Riverside and authorize the Executive Director to execute the final document. D. SB 375: Greenhouse Gas Reductions Through Rick Bishop P. 153 Land Use and Transportation Integration Requested Action: 1. Direct staff to transmit correspondence on SB 575 to request the author to consider amendments to address Regional Housing Needs Assessment timeline, finding, and local sales tax project protections. E. Homelessness Activities Update Barbara Spoonhour P. 155 Requested Action: 1. Provide direction on the creation of a Homelessness Task Force for the WRCOG subregion. F. Status on Federal Stimulus Package Funding Robert Field, Riverside P. 171 County Economic Development Agency Requested Action: 1. Receive and file. G. Appointment of WRCOG Representative to Rick Bishop P.173 WRCOG/SANDAG 1-15 IRP Policy Committee Requested Action: 1. Appoint a representative and an alternate to the WRCOG/SANDAG 1-15 IRP Policy Committee. H. Appointment of WRCOG Representative to Rick Bishop Riverside County Waste Management Local Task Force P.175 Requested Action: 1. Appoint a representative and an alternate to the Riverside County Waste Management Local Task Force. 7. REPORT FROM THE WRCOG TECHNICAL ADVISORY COMMITTEE CHAIR 8. REPORT FROM THE EXECUTIVE DIRECTOR Rick Bishop 9. ITEMS FOR FUTURE AGENDAS Members Members are invited to suggest additional items to be brought forward for discussion at future Executive Committee meetings. 10. GENERAL ANNOUNCEMENTS Members Members are invited to announce items/activities which may be of general interest to the Executive Committee. 11. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation pursuant to Section 54956.9(c): One Case. 12. NEXT MEETING: The next Executive Committee meeting is scheduled for June 8, 2009, at 2:00 p.m., in the Riverside County Administration Center, 1st Floor Board Chambers. 13. ADJOURNMENT Pp Project Idyllwild & State Traffic Signal Esplanade & Santa Fe Traffic Signal Sewer Master Plan Improvements (Grand Ave) Bath Well Construction Hewitt & Comonweal th (signal & street imp ) SB 261 Roadway Maintenance (Soboba) Downtown Sidewalks Downtown Pavement Rehabilitation Idy11wi1d Drive Sidewalks Remaining Balance $24,576 $31, 095 $57,435 $39,679 $34,485 $35,325 (4574) $8, 867 $30,287 Total Project Cost $413,392 $219, 224 $633 671 391 $335,514 $373,539 $604,773 $1,638,936 $497,425 AGENDA REGULAR MEETING of the SAN JACINTO REDEVELOPMENT AGENCY of the CITY OF SAN JACINTO MAY 21, 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. 3.1 May 7, 2009, RDA Minutes Regular Meeting / Approve / Deputy Agency Secretary 4. PUBLIC HEARING 5. STAFF REPORTS 5.1 Award of Contract for Demolition of 181 E. Main Street and 201 E. Main Street / Approve / Assistant City Manager a) Award said contract for Demolition of 181 E. Main Street and 201 E. Main Street to Balandra Demolition in the amount of $47,700. b) Allocate funds for the contract amount, plus 15% contingency and c) Reject all other bids 6. CHAIRPERSON / MEMBER REPORTS / DISCUSSIONS 7. CLOSED SESSION Redevelopment Agency Agenda May 7, 2009 Page 2 of 2 8. ADJOURNMENT 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, tehardgilitkr, Deputy Secretary of the San Jacinto Redevelopment Agency, do hereby certify that I caused to be posted the foregoing agenda the 15t6 day of May, 2009, as required by Caw. Rachard94li[fer, Deputy Agency Secretary AGENDA ITEM May 21, 2009 TO: The Honorable Chairman and Members of the Redevelopment Agency Board of Directors FROM: Tim Hults, Assistant City Manager SUBJECT: Award of Contract, 181 E. Main Street and 201 E. Main Street Demolition Project RECOMMENDATION: Staff recommends that the Agency Board, by motion: 1. Award the contract for the 181 E. Main Street and 201 E. Main Street Demolition Project to Balandra Demolition in the amount of $47,700; and 2. Allocate funds for the contract amount, plus 15% contingency; and 3. Reject all other bids. DISCUSSION: At its meeting on April 2, 2009, the City Council gave authorization to proceed with bidding for the demolition of the two vacant Main Street buildings. Subsequently, on April 16, 2009, the City Council adopted a resolution to transfer the title of the two buildings to the Redevelopment Agency. As a result, the Agency Board will award the contract and pay for the demolition. Upon any subsequent sale of the properties, the proceeds would be provided to the City as compensation for the transfer. After the Council approved the specifications and authorized the bidding, the City advertised for bids. The bid opening was held on May 7, with a total of 12 bids submitted. The low bid was submitted by Balandra Demolition, a demolition contractor from San Bernardino, in the amount of $47,700. The bids ranged from the low from Balandra Demolition up to a high bid of $175,000. Most bids were in the $70,000-$80,000 range. Page 1 of 2 The City Clerk's office has checked on the references of the low bidder. All respondents indicated that the Balandra was very good and within budgetary constraints. ALTERNATIVES: Approval: Award the contract to Balandra Demolition as presented. Denial: Do not approve the contract, and provide staff with further direction. FISCAL IMPACT: Based on the low bid, and the requested contingency, the requested budget amount is as follows: Bid Amount: $47,700 15% contingency: $7,155 TOTAL: $54,855 There are adequate funds remaining in the Agency's 2005 Bond Refinance (non - housing) Fund to allow for an allocation of $54,855 to cover the demolition project. ATTACHMENTS: None Page 2 of 2