HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 5/20/2014
AGENDA
JOINT REGULAR MEETING
OF THE SAN JACINTO CITY COUNCIL AND THE SUCCESSOR AGENCY TO
THE CITY OF SAN JACINTO REDEVELOPMENT AGENCY
May 20, 2014, 6:30 p.m.
625 South Pico Avenue
San Jacinto Community Center, 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 Recognition of Radio Lazer host Manuel Zarate and performers
Eduardo Rodriguez and Santiagito Tanori
1.6 MAYOR/COUNCIL MEMBER REPORTS/DISCUSSIONS
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. JOINT CONSENT CALENDARS (SECTIONS 3A AND 3B)
The matters listed under Consent Calendars 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 after the balance of the Consent Calendar has
been voted on.
3A CONSENT CALENDAR - CITY COUNCIL
3A.1 Waiver of Full Reading of Ordinance(s), and Reading by Title Only /
Approve / City Clerk, City Attorney
3A.2 Warrants and Disbursements - April 2014 / Approve / Finance Director
City Council Agenda
May 20, 2014
Page 2 of 4
3A.3 Ramona Expressway Widening Project Phase 2 - Eagle to Lake Park
Drive (CIP 12-008), authorization to advertise for bids / Approve / City
Engineer
3A.4 Revision to the Declaration of Local Emergency in San Jacinto due to
severely high and damaging winds. / Approve / Assistant City Manager
3A.5 Minutes of May 6, 2014 - Regular Meeting / Approve / City Clerk
3A.6 Second Reading of Ordinance No. 14-06, Adopting Development
Agreement No. 1-14 between the City of San Jacinto and BROSH -
SOCAL PROPERTY, INC., a California corporation / Approve /
Consultant
3A.7 SPECIAL TAX ANNUAL REPORTING / Approve / Finance Director
3A.8 Second Reading of Ordinance 14-05 Adding Chapter 9.44 to Title 9 of
the San Jacinto Municipal Code Regarding Psychoactive Herbal
Incense, Psychoactive Bath Salts, and Other Synthetic Drugs. /
Approve / City Attorney
3B CONSENT CALENDAR - SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO
4. PUBLIC HEARING
4.1 First Reading of Ordinance No. 14-07, Adopting Amendment No. 1 to the
Western Riverside County Transportation Uniform Mitigation Fee Program
Ordinance of 2009 / Approve / Consultant
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 Updated Noise Survey - Ramona Expressway (Phase I) / Approve / City
Engineer
5.2 Updated Speed Survey / Approve / City Engineer
6. CLOSED SESSION
6.1 CLOSED SESSION - CITY COUNCIL
6.1.1 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
City Council Agenda
May 20, 2014
Page 3 of 4
(Paragraph (1) of subdivision (d) of Section 54956.9)
Case: United States of America v. City of San Jacinto; Case No.
EDCV12-1966
6.1.2 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Case: Bilal-Varney, et al. v. City of San Jacinto; Case No. EDCV12-
02191
6.1.3 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Paragraph (1) of subdivision (d) section 54956.9)
Name of case: Tower Investments v. The City of San Jacinto (RIC
1206023)
6.2 CLOSED SESSION - SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN JACINTO
7. 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.
Any writing related to an agenda item for an open session of a regular meeting of the City Council that is
distributed less than 72 hours prior to the meeting will be made available for public inspection at the City
Clerk's office, located at 595 South San Jacinto Avenue, San Jacinto, California, and at the regular meeting
location - City of San Jacinto Community Center, 625 South Pico Avenue, San Jacinto, California - at the time
the writing is distributed to a majority of the City Council
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, CA 92583
City Council Agenda
May 20, 2014
Page 4 of 4
I, Richard Miller, City Clerk of the City of San Jacinto, do hereby certify that I caused to be posted the foregoing
agenda this 15th Day of May, 2014, as required by law.
Richard Miller, City Clerk
May 20, 2014
TO: The Honorable Mayor and Members of the City Council
FROM: Rick Miller, City Clerk
Jeff Ballinger, City Attorney
SUBJECT: Waiver of Full Reading of Ordinance(s), and Reading by Title Only
RECOMMENDATION:
Staff recommends that the City Council, by motion, waive the full reading of any and all
ordinances on this meeting’s agenda, and authorize their reading by title only.
BACKGROUND:
Government Code Section 36934 requires that all ordinances shall be read in full either
at the time of their introduction or their passage. However, Government Code Section
36934 allows the waiver of this requirement by regular motion adopted by majority vote
if the title of the ordinance is read.
This waiver can be accomplished at the time of each ordinance action, or as a standing
waiver, accomplished as a consent calendar motion. In order to stream-line the process
for the passage of ordinances, the City Attorney and staff propose the second option,
which is the waiver of any and all ordinances on this agenda.
ALTERNATIVES:
Approval: Approve the addition of the attached language to all future agendas of the
City Council, thus waiving the full reading of all future ordinances.
Denial: Do not approve the agenda language and, instead, before the passage of any
ordinance and after the reading of its title, make a motion that must be adopted by
majority vote that allows a waiver of the full reading.
FISCAL IMPACT:
None
PACKET PAGE: 1
AGENDA ITEM 3A.1
May 20, 2014
TO: The Honorable Mayor and Members of the City Council
FROM: Thomas Prill, Finance Director
SUBJECT: Warrants and Disbursements – April 2014
RECOMMENDATION:
Staff recommends that the City Council review and approve Warrants and Disbursements for
the period of April 1 through April 30, 2014 in the amount of $ 2,302,813.41.
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 Pay Date Amount
Accounts Payable: # 108478-108745 Various $ 2,071,745.53
Payroll: Pay Period # 07 # 21849-21866 04/03/2014 $ 114,466.20
Includes Warrants, Direct Deposits, Taxes, Garnishments
Payroll: Pay Period # 08 # 21867-218483 04/17/2014 $ 116,601.68
Includes Warrants, Direct Deposits, Taxes, Garnishments
Electronic Funds Various $ 0.00
Total Disbursements – Period of April 1-30, 2014 $ 2,302,813.41
Prepared by: Judy Kelley, Account Clerk II
Known Councilmember Conflicts: Check #’s 108479, 108595, 108656, 108707, 108731.
FISCAL IMPACT:
Expenditures by warrant, payroll direct deposit and electronic funds (wire) transfers have been
appropriated in the adjusted FY 2013-14 budget.
ATTACHMENTS:
Accounts Payable Warrant Report – April 1-30, 2014
Note: Payroll information is on file in the Finance Department.
PACKET PAGE: 3
AGENDA ITEM 3A.2
PACKET PAGE: 5AGENDA ITEM 3A.2
PACKET PAGE: 6AGENDA ITEM 3A.2
PACKET PAGE: 7AGENDA ITEM 3A.2
PACKET PAGE: 8AGENDA ITEM 3A.2
PACKET PAGE: 9AGENDA ITEM 3A.2
PACKET PAGE: 10AGENDA ITEM 3A.2
PACKET PAGE: 11AGENDA ITEM 3A.2
PACKET PAGE: 12AGENDA ITEM 3A.2
PACKET PAGE: 13AGENDA ITEM 3A.2
PACKET PAGE: 14AGENDA ITEM 3A.2
PACKET PAGE: 15AGENDA ITEM 3A.2
PACKET PAGE: 16AGENDA ITEM 3A.2
PACKET PAGE: 17AGENDA ITEM 3A.2
PACKET PAGE: 18AGENDA ITEM 3A.2
PACKET PAGE: 19AGENDA ITEM 3A.2
PACKET PAGE: 20AGENDA ITEM 3A.2
PACKET PAGE: 21AGENDA ITEM 3A.2
PACKET PAGE: 22AGENDA ITEM 3A.2
PACKET PAGE: 23AGENDA ITEM 3A.2
PACKET PAGE: 24AGENDA ITEM 3A.2
PACKET PAGE: 25AGENDA ITEM 3A.2
PACKET PAGE: 26AGENDA ITEM 3A.2
PACKET PAGE: 27AGENDA ITEM 3A.2
PACKET PAGE: 28AGENDA ITEM 3A.2
PACKET PAGE: 29AGENDA ITEM 3A.2
PACKET PAGE: 30AGENDA ITEM 3A.2
PACKET PAGE: 31AGENDA ITEM 3A.2
PACKET PAGE: 32AGENDA ITEM 3A.2
PACKET PAGE: 33AGENDA ITEM 3A.2
PACKET PAGE: 34AGENDA ITEM 3A.2
PACKET PAGE: 35AGENDA ITEM 3A.2
PACKET PAGE: 36AGENDA ITEM 3A.2
PACKET PAGE: 37AGENDA ITEM 3A.2
PACKET PAGE: 38AGENDA ITEM 3A.2
May 20, 2014
TO: The Honorable Mayor and Members of the City Council
FROM: Habib Motlagh, City Engineer
SUBJECT: Ramona Expressway Widening Project Phase 2 - Eagle to Lake Park
Drive (CIP 15-002), authorization to advertise for bids
RECOMMENDATION:
Staff recommends that the City Council, by motion, adopt the plans and specifications
for the Ramona Expressway Widening Project – Eagle to Lake Park Drive and direct the
City Clerk to publicly advertise for bids.
DISCUSSION:
The proposed 2014-15 budget for capital improvements includes project #15-002,
entitled “Ramona Expressway Widening Project – Phase 2, Sanderson to Lake Park
Drive.” The funding for this project is primarily TUMF grant funding from WRCOG and
RCTC, with some additional funding from the DIF Streets fund. This project will
continue the city’s ongoing efforts to improve circulation.
The project will widen Ramona Expressway from 2 lanes to a minimum of 4 lanes and
possibly a continuous left turn pocket subject to budget availability. The ultimate
improvements to Ramona Expressway will be the responsibility of the adjacent property
owner when developed.
The preliminary schedule for this project is as follows:
· May 2014: Bid authorization, advertisement
· June 2014: Open bids and Award Contract
· July 2014: Award
· August 2014: Start Construction
During construction, the intersections of Vernon and Alessandro will be closed for a
minimum of 30 working days. There are no other closures anticipated other than for
short periods.
The City Engineer’s office has completed preparation of the plans and specifications,
the Traffic Engineer has prepared the signal & reviewed the striping, and the project is
now ready to advertise for bids from contractors. The County of Riverside
Transportation Department is currently reviewing the plans for work in the
unincorporated area.
PACKET PAGE: 39
AGENDA ITEM 3A.3
ALTERNATIVES:
Approval: Adopt the plans and specifications and direct staff to proceed with
advertisement.
Denial: Do not approve this item as presented, and provide staff with further direction.
FISCAL IMPACT:
Upon opening of bids, the City Engineer’s office and the Finance Department will review
the available budget and make any necessary recommendations for fully funding the
construction, which will be presented with the award approval request. No budget
action is requested at this time.
ATTACHMENTS:
· Site Plan & Cross Section
· City Clerk has complete set of plans and specifications
PACKET PAGE: 40
AGENDA ITEM 3A.3
PACKET PAGE: 41
AGENDA ITEM 3A.3
PACKET PAGE: 43
AGENDA ITEM 3A.3
May 20, 2014
TO: The Honorable Mayor and Members of the City Council
FROM: Mike Emberton, Assistant City Manager
SUBJECT: Revision to the Declaration of Local Emergency in San Jacinto due to
severely high and damaging winds.
RECOMMENDATION:
Staff recommends that the City Council, by motion, revise the declaration of a local
emergency under Government Code Section 8630 and City of San Jacinto Ordinance
1071, declaring a Local Emergency within the City of San Jacinto due to severely high
and damaging winds; and by further motion approve and adopt revised Resolution No.
3506 confirming the city manager/director of emergency services’ proclamation of
existence of a local emergency.
BACKGROUND:
Conditions of extreme peril to the safety of persons and property arose within the City of
San Jacinto due to high and damaging winds commencing on April 29, 2014.
Substantial wind damage, debris and blowing sand across all areas within the city have
affected property such as homes, businesses, and roadways for vehicle accessibility to
include emergency vehicles. The maintenance and recovery of critical infrastructure is
pertinent for public safety and this event appears to be a long term recovery effort.
With that in mind, and in order to maximize the available disaster assistance funds,
Office of Emergency Services staff is requesting that the revised resolution be adopted
with the revised language specifically requesting funds under the California Disaster
Assistance Act and from FEMA.
ALTERNATIVES:
1. Approve the revised declaration as requested.
2. Do not approve the revised declaration and provide staff with further direction.
FISCAL IMPACT:
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. Estimates
are still being obtained and evaluated. Budgetary assistance and reimbursement may
be available from Federal Emergency Management Agency (F.E.M.A.) for related costs,
if a wind damage declaration is made by the governor, for limited recovery efforts to
PACKET PAGE: 45
AGENDA ITEM 3A.4
critical infrastructure including: electrical, power, telecommunications, water supply,
public safety, and transportation.
ATTACHMENTS:
1. Revised Resolution No. 3506
2. Copy of Proclamation dated April 30, 2014
PACKET PAGE: 46
AGENDA ITEM 3A.4
24438.00000\8765690. 1
STATE OF CALIFORNIA ) RESOLUTION NO: 3506
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO RE-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, on April 29, 2014, severe winds began in Riverside and San Bernardino
Counties, bringing high winds for most of those counties, and continued for several days; and
WHEREAS, these wind storms have caused severe damage to both public and private
property, including many downed trees and downed power lines; and
WHEREAS, these storms have caused power outages for several thousand customers
throughout Riverside and San Bernardino Counties; and
WHEREAS, homes and other property have been damaged by the severe weather; 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 severe and long lasting winds, which began
on or about 8:00 a.m. on April 29, 2014, at which time the City Council of the City of San Jacinto
was not in session; and
WHEREAS, these conditions are, or are likely to be, beyond the control of the services,
personnel, equipment, and facilities of the City of San Jacinto; and
WHEREAS, the City Council of the City of San Jacinto was not in session on April 30,
2014, and could not immediately be called into session; and
WHEREAS, the City Manager, acting as the Director of Emergency Services, did
proclaim the existence of a local emergency within the City on April 30, 2014.
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 on April 30, 2014, 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
PACKET PAGE: 47
AGENDA ITEM 3A.4
24438.00000\8765690. 1
disaster or emergency relief funding.
BE IT FURTHER RESOLVED that the City Manager or his designee is hereby
designated as the authorized representative of the City of San Jacinto for the purpose of receipt,
processing and coordination of all inquiries and requirements necessary to obtain county, state
and federal relief assistance.
BE IT FURTHER RESOLVED that the City Clerk shall forward a copy of this Resolution
to the Governor of California, to the State Office of Emergency Services, and to the Riverside
County Emergency Services Division, with the request that the Governor proclaim the existence
of a State of Emergency throughout the impacted areas of the City of San Jacinto, and that the
City Council of the City of San Jacinto formally requests California Disaster Assistance Act
(CDAA) and Federal Emergency Management Agency (FEMA) funding. The City Clerk shall
forward a copy of this Resolution to all other appropriate county, state and federal agencies with
an interest therein.
PASSED, APPROVED and ADOPTED by the City Council of the City of San Jacinto at
a regular meeting of said Council held on the 20th day of May 2014, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
City of San Jacinto
____________________________
Alonso Ledezma, Mayor
ATTEST:
________________________
Richard Miller, City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER LLP
_______________________________
Jeff Ballinger, City Attorney
PACKET PAGE: 48
AGENDA ITEM 3A.4
PACKET PAGE: 49AGENDA ITEM 3A.4
May 20, 2014
TO: The Honorable Mayor and Members of the City Council
FROM: Rick Miller, City Clerk
SUBJECT: Minutes of May 6, 2014 - Regular Meeting
RECOMMENDATION:
Staff recommends that the City Council, by motion, approve the minutes of the Regular
Meeting held May 6, 2014.
ATTACHMENTS
· Draft Minutes of the May 6, 2014 – Regular Meeting
PACKET PAGE: 51
AGENDA ITEM 3A.5
ACTION MINUTES
JOINT REGULAR MEETING
OF THE SAN JACINTO CITY COUNCIL AND THE SUCCESSOR AGENCY TO
THE CITY OF SAN JACINTO REDEVELOPMENT AGENCY
May 6, 2014
6:30 p.m.
625 S. Pico Ave
San Jacinto Community Center, San Jacinto, CA 92583
1. ORGANIZATION
1.1 Call to Order
Mayor Alonso Ledezma called the Regular Meeting of the San Jacinto
City Council and the successor agency to the City of San Jacinto
Redevelopment Agency to order at 6:30 p.m.
1.2 Roll Call
Present: Bartel, Kotyuk, Miller, Ruiz, Ledezma
Absent: None
1.3 Invocation
Pastor Jeff Johnson gave the invocation.
1.4 Pledge of Allegiance
Jim Pangrazzi led the Pledge of Allegiance
1.5 Special Presentations
1.5.1 Proclamation Recognizing May is Mental Health Month
A representative was not present to receive the May is Mental
Health Month Proclamation.
1.5.2 Presentation of Awards for the Ramona Pageant Parade
Stephanie Borders presented the awards for the Ramona Pageant
Parade.
1.5.3 Proclamation Recognizing the Church of Latter Day Saints
PACKET PAGE: 53
AGENDA ITEM 3A.5
Action Minutes
May 6, 2014
____________________________________________________________________________________Page 2 of 6
Councilman Scott Miller read and presented the Proclamation to
members of the Church of Latter Day Saints
1.6 MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS
Council Members gave their reports.
2. PUBLIC COMMENTS:
Public Speakers:
· William Smith
· Jim Pangrazzi
3. JOINT CONSENT CALENDARS 9SECTIONS 3A DND 3B)
3A CONSENT CALENDAR
3A.1 Waiver of Full Reading of Ordinance(s), and Reading
by Title Only / Approve / City Clerk, City Attorney
3A.2 San Jacinto MDP Line C, Stage 2 Road Closure /
Approve / City Engineer
3A.3 Treasurer's Report at March 31, 2014 / Approve / City
Treasurer
3A.4 Second Reading of Ordinance No. 14-03, approving
and adopting Development Code Amendment No. 1-
14; Group Home Ordinance / Approve / Consultant
3A.5 Second Reading of Ordinance No. 14-04, approving
and adopting Development Code Amendment No. 2-
14; Reasonable Accommodation / Approve /
Consultant
3A.6 Minutes of April 15, 2014 - Regular Meeting /
Approve / City Clerk
3A.7 Cooperative Agreement - Riverside County for
Ramona Expressway Phase 2 / Approve / City
Engineer
3A.8 Final Tract 31979 / Approve / City Engineer
PACKET PAGE: 54
AGENDA ITEM 3A.5
Action Minutes
May 6, 2014
____________________________________________________________________________________Page 3 of 6
3A.9 Declaration of Local Emergency in San Jacinto due
to severely high and damaging winds. / Approve /
Assistant City Manager, City Clerk
3A.10 Resolution No. 3505 approving a job description to
establish a Streets and Parks Superintendent /
Approve / Assistant City Manager
3B CONSENT CALENDAR – SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN
JACINTO
Items Pulled from the Consent Calendar
Mayor Pro Tem Crystal Ruiz requested that Item 3A.10 be pulled for discussion.
A member of the public, Jim Pangrazzi requested to speak on Items 3A.9 and 3A.10.
M/S/C (Kotyuk/Ruiz) moved to approve the balance of the Consent Calendar.
Motion carried 5/0.
Ayes: Bartel, Kotyuk, Miller, Ruiz, Ledezma
Nays: None
Absent: None
Abstain: None
3A.10 Resolution No. 3505 approving a job description to
establish a Streets and Parks Superintendent /
Approve / Assistant City Manager
Assistant City Manager Mike Emberton presented the
staff report.
Public Speakers:
· Jim Pangrazzi
M/S/C (Kotyuk/Bartel) moved to approve Item 3A.10 as presented. Motion carried
5/0.
Ayes: Bartel, Kotyuk, Miller, Ruiz, Ledezma
Nays: None
Absent: None
Abstain: None
PACKET PAGE: 55
AGENDA ITEM 3A.5
Action Minutes
May 6, 2014
____________________________________________________________________________________Page 4 of 6
4. PUBLIC HEARING
4.1 First Reading of Ordinance No. 14-06, Adopting Development
Agreement No. 1-14 between the City of San Jacinto and BROSH
- SOCAL PROPERTY, INC., a California corporation
Planning Consultant Mary Lanier presented the staff report.
Public Speakers:
· Jim Pangrazzi – 408 S. Kirby Street, San Jacinto, CA
Mayor Ledezma opened the Public Hearing at 7:32 p.m.
Mayor Ledezma closed the Public Hearing at 7:33 p.m.
M/S/C (Kotyuk/Ruiz) moved to approve Item 4.1 with an additional condition that the
park amenities be completed by the start of the 3rd phase of the project. Motion
carried 5/0.
Ayes: Bartel, Kotyuk, Miller, Ruiz, Ledezma
Nays: None
Absent: None
Abstain: None
5. STAFF REPORTS
5.1 Adoption of an Ordinance Adding Chapter 9.44 to Title 9 of the San
Jacinto Municipal Code Regarding Psychoactive Herbal Incense,
Psychoactive Bath Salts, and Other Synthetic Drugs.
Andrew Maiorano of the City Attorney’s office presented the staff report.
Council Member Kotyuk left dais at 7:50 pm
Council Member Kotyuk returned to the dais at 7:52 pm
Public Speakers:
· Jim Pangrazzi
M/S/C (Miller/Kotyuk) moved to approve Item 5.1 as presented. Motion carried 5/0.
Ayes: Bartel, Kotyuk, Miller, Ruiz, Ledezma
Nays: None
Absent: None
Abstain: None
PACKET PAGE: 56
AGENDA ITEM 3A.5
Action Minutes
May 6, 2014
____________________________________________________________________________________Page 5 of 6
5.2 San Jacinto Music, Culinary and Sustainability Festival
Development Director Sharon Paisley presented the staff report.
Public Speakers:
· Jim Pangrazzi
· Virginia Hancock
M/S/C (Kotyuk/Ruiz) moved to approve Item 5.2 with a modification, allowing for a
tiered budget of $50k, $40k, $30k, $20k and $10k over the five year period. As well
as instruct staff to research the new budget and see where changes can be made to
offset some of the cost. Motion carried 5/0.
Ayes: Bartel, Kotyuk, Miller, Ruiz, Ledezma
Nays: None
Absent: None
Abstain: None
5.3 Budget Workshop - Revenues, Finance & City Clerk
Item 5.3 was moved to the budget workshop meeting scheduled for May
13, 2014.
Mayor Alonso Ledezma recessed the Regular Meeting of the City Council and
adjourned the meeting at 9:18 p.m. and reconvened in Closed Session for the City
Council at 9:25 p.m.
6. CLOSED SESSION
6.1 CLOSED SESSION - CITY COUNCIL
6.1.1 CONFERENCE WITH LEGAL COUNSEL – EXISTING
LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Case: United States of America v. City of San Jacinto; Case
No. EDCV12-1966
There was no reportable action.
6.1.2 CONFERENCE WITH LEGAL COUNSEL – EXISTING
LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Case: Bilal-Varney, et al. v. City of San Jacinto; Case No.
EDCV12-02191
There was no reportable action.
PACKET PAGE: 57
AGENDA ITEM 3A.5
Action Minutes
May 6, 2014
____________________________________________________________________________________Page 6 of 6
6.2 CLOSED SESSION - SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO
NONE
7. ADJOURNMENT
With no further business before the City Council, Mayor Alonso Ledezma
adjourned the Regular Meeting of the City Council at 9:45 p.m.
City of San Jacinto
______________________
Alonso Ledezma, Mayor
ATTEST:
___________________
Richard Miller, City Clerk
Approved as read: ________
Approved as amended: ____
PACKET PAGE: 58
AGENDA ITEM 3A.5
May 20, 2014
TO: Mayor and City Council Members
FROM: Mary E. Lanier, Planning Consultant
SUBJECT: Ordinance No. 14-06, Approving Development Agreement No. 1-14 between
the City of San Jacinto and BROSH - SOCAL PROPERTY, INC., a California
corporation
RECOMMENDATION:
Staff recommends that the City Council, by motion, adopt Ordinance No.14-06 approving
Development Agreement No. 1-14 by and between the City of San Jacinto and BROSH -
SOCAL PROPERTY, INC., a California corporation and by further motion read by title only:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA ADOPTING DEVELOPMENT AGREEMENT 1-14 BEWTEEN THE CITY
OF SAN JACINTO AND BROSH - SOCAL PROPERTY, INC., A CALIFORNIA
CORPORATION
DISCUSSION:
On May 6, 2014 the City Council conducted the public hearing, introduced, conducted the
first reading and then approved Ordinance 14-06, Development Agreement 1-14 (5-0).
This second reading will adopt the Ordinance approving Development Agreement No. 1-
14, which will become effective in 30 days.
The Planning Commission, during the April 10, 2014 meeting, adopted Resolution No. 14-
06 recommending that the City Council approve Development Agreement No. 1-14 (5-0).
ENVIRONMENTAL ANALYSIS:
The project has been adequately analyzed in earlier adopted mitigated negative
declarations for the TTM. Therefore, a subsequent mitigated negative declaration is not
required, because there are no changed circumstances pursuant to Section 15162.
ATTACHMENTS:
· Ordinance No. 14-06
· Development Agreement No. 1-14
· Conditions of Approval
· Tentative Tract Map 34586
· Staff Report dated 5/06/2014
PACKET PAGE: 59
AGENDA ITEM 3A.6
STATE OF CALIFORNIA ) ORDINANCE NO. 14-06
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, ADOPTING DEVELOPMENT
AGREEMENT NO. 1-14 BETWEEN THE CITY OF SAN JACINTO
AND SO CAL BROSH SOCAL PROPERTY SOLUTIONS, INC.
WHEREAS, pursuant to Section 65864, et seq., of the California Government
Code, the City of San Jacinto (“City”) is authorized to enter into development agreements with
persons having legal or equitable interests in real property for the development of such property;
and
WHEREAS, So Cal Property Solutions (“Owner”) is the owner of Tentative Tract
Map 34586 with respect to the Development Agreement; and
WHEREAS, City and Owner now seek to enter into Development Agreement 1-14
attached hereto as Exhibit “A;” and
WHEREAS, the project covered under the Development Agreement generally
consists of a single family lot subdivision with 36 total residential units and other related
improvements (“Project”) and the purpose of Development Agreement is to provide partial
payment for the Kirby and Esplanade Avenue Traffic Signal; and
WHEREAS, Chapter 17.610 of the City’s Development Code sets forth the City’s
requirements for development agreements, and amendments and extensions thereof; and
WHEREAS, the Development Agreement is in accordance with Chapter 17.610 of
the Development Code; and
WHEREAS, the Development Agreement as proposed, includes a Development
Agreement fee to be paid by Owner to the City under the Development Agreement and payment
for a portion of the signal at Kirby and Esplanade Avenue; and
WHEREAS, the Development Agreement will eliminate uncertainty in planning and
provide for the orderly development of the Property, ensure progressive installation of necessary
improvements, provide for public services appropriate to the development of the Project, and
generally serve the purposes for which development agreements under Sections 65864 et seq.
of the Government Code are intended; and
WHEREAS, the project has been adequately analyzed in earlier adopted mitigated
negative declaration and a subsequent mitigated negative declaration is not required, because
there are no changed circumstances pursuant to Section 15162 of the California Environmental
Quality Act; and
WHEREAS, on April 10, 2014 the Planning Commission of the City of San Jacinto
(“Planning Commission”) conducted a duly noticed public hearing on Development Agreement 1-
14 at which time all persons wishing to testify in connection with Development Agreement 1-14
PACKET PAGE: 61
AGENDA ITEM 3A.6
2
were heard and Development Agreement 1-14 was comprehensively reviewed; and
WHEREAS, on May 6, 2014, pursuant to CEQA and in accordance with the
recommendation of the Planning Commission for the City of San Jacinto (the “Planning
Commission”), the City Council has determined that it can be seen with certainty that the
approval of the Development Agreement is not likely to have any effect on the environment, and
therefore further review is not necessary under CEQA and the CEQA Guidelines; and
WHEREAS, on May 6, 2014, the San Jacinto City Council conducted a duly
noticed public hearing concerning the Development Agreement, at which time all persons
wishing to do so had an opportunity to provide testimony regarding the Development Agreement,
and at which time the City Council thoroughly reviewed the Development Agreement; and
THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Incorporation of Recitals. The Recitals set forth above are incorporated
herein and made an operative part of this Ordinance as though fully set
forth herein.
Section 2. Findings. 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 adopts this Ordinance and approves
Development Agreement 1-14 based upon the following findings:
A. That the Development Agreement aids in the
continued and consistent implementation of the Tentative Tract
Maps, provides a financial benefit to the City in the form of the
increased Development Agreement Fee (as that term is defined in
the Development Agreement), and is therefore in the best interest of
the City.
B. That Development Agreement 1-14 is consistent with
the City’s General Plan and will allow the Owner to complete the
Project in a manner which the City Council previously found to be
consistent with the City’s General Plan, and which the Planning
Commission finds continues to be consistent therewith.
C. That Development Agreement 1-14 promotes the
public health, safety and welfare of the community because it will
permit and encourage the development of residential units in
accordance with the approved Tentative Maps, and will allow for the
most efficient and logical development of the real property governed
by the Development Agreement in the City.
PACKET PAGE: 62
AGENDA ITEM 3A.6
3
D. That the Project is covered under the Tentative Tract Maps,
which provides for a single-family planned unit development, is therefore
compatible with the uses authorized in, and the regulations prescribed for,
the zone in which the real property subject to the Development Agreement
is located, and will not adversely affect the orderly development of property
or the preservation of property values.
E. Extending the term of the Development Agreement is
consistent with the following General Plan Land Use Element goals and
policies, and will further important and officially recognized City wide goals
and policies, by allowing the Owner to develop the Project under the terms
of the Development Agreement:
(i) Land Use Element No. 4 – Manage and Direct Growth
– This Land Use Element encourages development consistent with
the zoning of the property and provide for adequate levels of public
services and facilities to be provided for the new development.
F. That Development Agreement 1-14 will provide the City with
important, tangible benefits including the increased Development
Agreement Fee provided for in the Agreement, and future development of
the Tentative Tract Maps.
Section 3. Adoption of Development Agreement 1-14. 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 hereby
adopts Development Agreement 1-14 as set forth in Exhibit “A”.
Section 4. CEQA. The City Council has reviewed the Project pursuant to CEQA and
in accordance with the recommendation of the Planning Commission for
the City of San Jacinto, the City Council has determined that the Project
has been adequately analyzed in earlier adopted mitigated negative
declarations, and a subsequent mitigated negative declaration is not
required because there are no changed circumstances pursuant to Section
15162. Further, it can be seen with certainty that the approval of the
Development Agreement is not likely to have any effect on the environment,
and therefore further review is not necessary under CEQA and the CEQA
Guidelines.
Section 5. Notice of Determination. Staff is directed to file a Notice of Determination
with the Riverside County Recorder’s Office within five (5) working days of
adoption of this Ordinance.
Section 6. Custodian of Records. The documents and materials that constitute the
record of proceedings on which these findings are based are located at the
PACKET PAGE: 63
AGENDA ITEM 3A.6
4
City Clerk’s office located at 595 S. San Jacinto Avenue, San Jacinto, CA
92583. The custodian for these records is the City Clerk.
Section 7. Severability. If any provision of this Ordinance or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect
other provisions or applications of this Ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of
this Ordinance are severable. The City Council hereby declares that it
would have adopted this Ordinance irrespective of the invalidity of any
particular portion thereof.
Section 8. Effective Date. This Ordinance shall become effective thirty (30) days
following its adoption.
Section 9. Publication. The City Clerk shall certify to the adoption of this Ordinance
and cause it, or a summary of it, to be published once within 15 days of
adoption in a newspaper of general circulation printed and published within
the City of San Jacinto, and shall post a certified copy of this Ordinance,
including the vote for and against the same, in the Office of the City Clerk in
accordance with Government Code § 36933.
Introduced at a regular meeting of the City Council on the 6st day of May, 2014.
ORDINANCE NO. 14-06
PASSED, APPROVED AND ADOPTED at an adjourned regular meeting of the City Council on
the 20th day of 6 May, 2014, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
City of San Jacinto:
______________________________
Alonzo Ledezma, Mayor
ATTEST:
_______________________________
Richard Miller, City Clerk
PACKET PAGE: 64
AGENDA ITEM 3A.6
EXHIBIT “A”
DEVELOPMENT AGREEMENT N0. 1-14
BY AND BETWEEN
THE CITY OF SAN JACINTO AND BOSCH SO CAL PROPERTY SOLUTIONS
PACKET PAGE: 65
AGENDA ITEM 3A.6
PACKET PAGE: 67AGENDA ITEM 3A.6
PACKET PAGE: 68AGENDA ITEM 3A.6
PACKET PAGE: 69AGENDA ITEM 3A.6
PACKET PAGE: 70AGENDA ITEM 3A.6
PACKET PAGE: 71AGENDA ITEM 3A.6
PACKET PAGE: 72AGENDA ITEM 3A.6
PACKET PAGE: 73AGENDA ITEM 3A.6
PACKET PAGE: 74AGENDA ITEM 3A.6
PACKET PAGE: 75AGENDA ITEM 3A.6
PACKET PAGE: 76AGENDA ITEM 3A.6
PACKET PAGE: 77AGENDA ITEM 3A.6
PACKET PAGE: 78AGENDA ITEM 3A.6
PACKET PAGE: 79AGENDA ITEM 3A.6
PACKET PAGE: 80AGENDA ITEM 3A.6
PACKET PAGE: 81AGENDA ITEM 3A.6
PACKET PAGE: 82AGENDA ITEM 3A.6
PACKET PAGE: 83AGENDA ITEM 3A.6
PACKET PAGE: 84AGENDA ITEM 3A.6
PACKET PAGE: 85AGENDA ITEM 3A.6
PACKET PAGE: 86AGENDA ITEM 3A.6
PACKET PAGE: 87AGENDA ITEM 3A.6
PACKET PAGE: 88AGENDA ITEM 3A.6
PACKET PAGE: 89AGENDA ITEM 3A.6
PACKET PAGE: 90AGENDA ITEM 3A.6
PACKET PAGE: 91AGENDA ITEM 3A.6
PACKET PAGE: 92AGENDA ITEM 3A.6
PACKET PAGE: 93AGENDA ITEM 3A.6
PACKET PAGE: 94AGENDA ITEM 3A.6
PACKET PAGE: 95AGENDA ITEM 3A.6
PACKET PAGE: 96AGENDA ITEM 3A.6
PACKET PAGE: 97AGENDA ITEM 3A.6
PACKET PAGE: 98AGENDA ITEM 3A.6
PACKET PAGE: 99AGENDA ITEM 3A.6
PACKET PAGE: 100AGENDA ITEM 3A.6
PACKET PAGE: 101AGENDA ITEM 3A.6
PACKET PAGE: 102AGENDA ITEM 3A.6
PACKET PAGE: 103AGENDA ITEM 3A.6
PACKET PAGE: 104AGENDA ITEM 3A.6
PACKET PAGE: 105AGENDA ITEM 3A.6
PACKET PAGE: 106AGENDA ITEM 3A.6
Page 1 of 1
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CONDITIONS OF APPROVAL
May 20, 2014
Development Agreement No. 1-14
Applicant: Brosh Socal Property, Inc
General Conditions
1. 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.
2. The applicant will comply with Conditions of Approval for Tentative Tract
34586.
3. The applicant shall pay any outstanding planning application or processing
fees within ten (10) days of City’s request therefor and prior to recordation
of the Development Agreement.
4. The Park is to be completed prior to commencement of the third phase of
project construction.
PACKET PAGE: 107
AGENDA ITEM 3A.6
PACKET PAGE: 109AGENDA ITEM 3A.6
May 20, 2014
TO: The Honorable Mayor and Members of the City Council
FROM: Tom Prill, Finance Director
SUBJECT: Special Tax Annual Reporting
RECOMMENDATION:
Receive and File. This item is for informational purposes only.
DISCUSSION:
Senate Bill 165, filed with the Secretary of State on September 19, 2000, enacted the
Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act, which
applies to the City’s Community Facilities Districts (CFDs) adopted on or after January
1, 2001, requires that an annual report be filed with the City Council outlining the funds
collected and expended.
Some of the requirements of the Act are handled at the formation of the CFDs and other
requirements are handled through annual reports. The attached reports intend to
comply with Section 50075.3 or Section 53411 of the California Government Code that
states:
“The chief fiscal officer of the issuing local agency shall file a report with its governing
body no later than January 1, 2002, and at least once a year thereafter. The annual
report shall contain all of the following:
a. The amount of funds collected and expended.
b. The status of any project required or authorized to be funded as identified in
subdivision (a) of Section 50075.1 or Section 53410.”
As noted on the attached reports, the City has four CFDs at this time which fall under
the Act’s reporting requirements: CFD No. 2003-1 operating fund, CFD No. 2003-2
operating fund, CFD No. 2 bond proceeds and CFD No. 2002-1 operating fund.
FISCAL IMPACT:
None
ATTACHMENTS:
Community Facilities District No. 2003-1 Operating Fund
Community Facilities District No. 2003-2 Sewer Lift Operations Fund
PACKET PAGE: 111
AGENDA ITEM 3A.7
Community Facilities District No. 2 Special Tax Refunding Bonds 2002 Series A
Community Facilities District No. 2002-1 Special Tax Bonds 2002 Series A
PACKET PAGE: 112
AGENDA ITEM 3A.7
CFD No. 2003-1 (Public Safety) Funds
Senate Bill 165, filed with the Secretary of State on September 19, 2000, enacted the Local Agency
Special Tax and Bond Accountability Act. This Act requires that any local special tax or local bond
measure subject to voter approval contain a statement indicating the specific purposes of the special tax,
require that the proceeds of the special tax be applied to those purposes, require the creation of an
account into which the proceeds shall be deposited, and require an annual report containing specified
information concerning the use of the proceeds. The Act only applies to any local special tax measure
or local bond measure adopted on or after January 1, 2001 in accordance with Section 50075.1 or
Section 53410 of the California Government Code.
Some of the requirements of the Act are handled at the formation of the Special Tax District and others
are handled through annual reports. This Section of this report intends to comply with Section 50075.3 or
Section 53411 of the California Government Code that states:
“The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than
January 1, 2002, and at least once a year thereafter. The annual report shall contain all of the following:
(a) The amount of funds collected and expended.
(b) The status of any project required or authorized to be funded as identified in subdivision (a) of
Section 50075.1 or Section 53410.”
The requirements of the Act apply to the Operating Fund of Community Facilities District No. 2003-1.
Purpose of Special Tax
The types of services funded by the Special Tax A of Community Facilities District No. 2003-1 (the
“District”) include fire protection, fire suppression, and police protection.
Collections & Expenditures – (Accumulative)
Fund
Total Amount
Collected (1)
06/30/2013
Balance
Amount
Expended (1) Service Status
CFD No. 2003-1 Operating
Fund $11,322,634.67 $0.00 $11,322,634.67 Ongoing
(1) Represents amount levied since formation of the District minus delinquencies for 2010/11 through 2012/13 fiscal
years.
PACKET PAGE: 113
AGENDA ITEM 3A.7
CFD 2003-2 (Sewer Lift) Funds
Senate Bill 165, filed with the Secretary of State on September 19, 2000, enacted the Local Agency
Special Tax and Bond Accountability Act. This Act requires that any local special tax or local bond
measure subject to voter approval contain a statement indicating the specific purposes of the special tax,
require that the proceeds of the special tax be applied to those purposes, require the creation of an
account into which the proceeds shall be deposited, and require an annual report containing specified
information concerning the use of the proceeds. The Act only applies to any local special tax measure
or local bond measure adopted on or after January 1, 2001 in accordance with Section 50075.1 or
Section 53410 of the California Government Code.
Some of the requirements of the Act are handled at the formation of the Special Tax District and others
are handled through annual reports. This Section of this report intends to comply with Section 50075.3 or
Section 53411 of the California Government Code that states:
“The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than
January 1, 2002, and at least once a year thereafter. The annual report shall contain all of the following:
(c) The amount of funds collected and expended.
(d) The status of any project required or authorized to be funded as identified in subdivision (a) of
Section 50075.1 or Section 53410.”
The requirements of the Act apply to the Operating Fund of Community Facilities District No. 2003-2.
Purpose of Special Tax
The types of facilities and services provided and financed by Community Facilities District No. 2003-2 (the
“District”) include the maintenance of sewer facilities, such as the furnishing of services and materials for
ordinary and usual maintenance and operation and the servicing of such sewer facilities, including, but
not limited to the repair, removal, or replacement of all or any part of any improvement.
Collections & Expenditures – (Accumulative)
Fund
Total Amount
Collected
06/30/2013
Balance
Amount
Expended Service Status
Sewer Lift Operations
Fund $146,868.89 $0.00 $146,868.89 Ongoing
PACKET PAGE: 114
AGENDA ITEM 3A.7
CFD 2A Series 2002 Funds
Senate Bill 165 enacted the Local Agency Special Tax and Bond Accountability Act. This Act requires
that any local special tax/local bond measure subject to voter approval contain a statement indicating the
specific purposes of the special tax, require that the proceeds of the special tax be applied to those
purposes, require the creation of an account into which the proceeds shall be deposited, and require an
annual report containing specified information concerning the use of the proceeds. The Act only applies
to bonds issued on or after January 1, 2001 in accordance with Section 53410 of the California
Government Code.
Some of the requirements of the Act are handled at the formation (bond issuance) of the Special Tax
District and others are handled through annual reports. This Report intends to comply with Section 53411
of the California Government Code that states:
“The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than
January 1, 2002, and at least once a year thereafter. The Annual report shall contain all of the following:
(a) The amount of funds collected and expended.
(b) The status of any project required or authorized to be funded as identified in
subdivision (a) of Section 53410.”
The requirements of the Act apply to the bond proceeds of Community Facilities District No. 2 Special Tax
Refunding Bonds 2002 Series A dated October 10, 2002.
Purpose of Special Tax
The City Council of the City of San Jacinto (“City Council”) adopted Resolution #1797 to form Community
Facilities District No. 2 (“CFD No. 2”) (adopted January 3, 1989) and to issue bonds. On May 1, 1989,
special tax bonds totaling $26,000,000.00 were issued to finance improvements within the District. On
October 10, 2002, CFD 2A Series 2002 bonds were issued to redeem a portion of the outstanding CFD
No. 2 special tax bonds (1989). Proceeds from the bonds issued for CFD 2A Series 2002 were used to
satisfy the outstanding special tax liens for CFD No. 2.
Proceeds of the refunded CFD No. 2 bonds (1989) were used to finance the construction and/or
acquisition of certain street improvements, including grading, paving, curbs, gutters and sidewalks,
together with street lighting, drainage facilities, landscaping, sanitary sewer, water reservoir and pump
facilities and utility facilities. In addition to the improvements within the District boundaries, other
improvements lying outside of the District were included in the project since they were necessary to the
functioning of the District improvements. These offsite improvements included certain street
improvements, water supply and transmission facilities, sewer pipeline, grading, drainage facilities and
public utilities.
Reporting Requirements
Fund
Initial Deposit
06/30/2013
Balance
Expended
Amount
Status
Improvement Fund $832,000.00 $0.00 $832,000.00 Project Completed
Cost of Issuance Fund 982,040.00 0.00 982,040.00 Fund Closed
Refunding Fund 8,202,381.70 0.00 8,202,381.70 Fund Closed
Reserve Fund 748,800.00 763,652.16 0.00 Ongoing
PACKET PAGE: 115
AGENDA ITEM 3A.7
CFD 2002-1 (Rancho San Jacinto Phase 2) Funds
Senate Bill 165 enacted the Local Agency Special Tax and Bond Accountability Act. This Act requires
that any local special tax/local bond measure subject to voter approval contain a statement indicating the
specific purposes of the special tax, require that the proceeds of the special tax be applied to those
purposes, require the creation of an account into which the proceeds shall be deposited, and require an
annual report containing specified information concerning the use of the proceeds. The Act only applies
to bonds issued on or after January 1, 2001 in accordance with Section 53410 of the California
Government Code.
Some of the requirements of the Act are handled at the formation (bond issuance) of the Special Tax
District and others are handled through annual reports. This Report intends to comply with Section 53411
of the California Government Code that states:
“The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than
January 1, 2002, and at least once a year thereafter. The Annual report shall contain all of the following:
(a) The amount of funds collected and expended.
(b) The status of any project required or authorized to be funded as identified in
subdivision (a) of Section 53410.”
The requirements of the Act apply to the bond proceeds of Community Facilities District No. 2002-1
(Rancho San Jacinto Phase 2) dated October 10, 2002.
Purpose of Special Tax
The City Council of the City of San Jacinto (“City Council”) adopted Resolution #1797 to form Community
Facilities District No. 2 (“CFD No. 2”) (adopted January 3, 1989) and to issue bonds. On May 1, 1989,
special tax bonds totaling $26,000,000.00 were issued to finance improvements within the District. On
October 10, 2002, CFD 2002-1 (Rancho San Jacinto Phase 2) bonds were issued to redeem a portion of
the outstanding CFD No. 2 special tax bonds (1989). Proceeds from the bonds issued for CFD 2002-1
(Rancho San Jacinto Phase 2) were used to satisfy the outstanding special tax liens for CFD No. 2.
Proceeds of the refunded CFD No. 2 bonds (1989) were used to finance the construction and/or
acquisition of certain street improvements, including grading, paving, curbs, gutters and sidewalks,
together with street lighting, drainage facilities, landscaping, sanitary sewer, water reservoir and pump
facilities and utility facilities. In addition to the improvements within the District boundaries, other
improvements lying outside of the District were included in the project since they were necessary to the
functioning of the District improvements. These offsite improvements included certain street
improvements, water supply and transmission facilities, sewer pipeline, grading, drainage facilities and
public utilities.
Reporting Requirements
Fund
Initial Deposit
06/30/2013
Balance
Expended
Amount
Status
Cost of Issuance Fund $402,121.92 0.00 $402,121.92 Fund Closed
PACKET PAGE: 116
AGENDA ITEM 3A.7
May 20, 2014
TO: The Honorable Mayor and Members of the City Council
FROM: Jeff Ballinger, City Attorney
SUBJECT: Second Reading of Ordinance 14-05 Adding Chapter 9.44 to Title 9 of the
San Jacinto Municipal Code Regarding Psychoactive Herbal Incense,
Psychoactive Bath Salts, and Other Synthetic Drugs.
RECOMMENDATION:
Staff recommends that the City Council, by motion carried by majority vote, approve the
second reading of, and approve the adoption of, the accompanying ordinance
concerning Psychoactive Herbal Incense, Psychoactive Bath Salts and other synthetic
drugs, and by further motion read by title only:
An Ordinance of the City Council of the City of San Jacinto, California,
Adding a New Chapter 9.44 to Title 9 of the San Jacinto Municipal Code,
Regarding Psychoactive Herbal Incense, Psychoactive Bath Salts and
Other Synthetic Drugs, Prohibiting the Distribution and Sale of Certain
Intoxicating Chemical Compounds Known as Synthetic Drugs
DISCUSSION:
The City is authorized to pass regulations to address threats to the public health, safety
and welfare, including regulating the sale and use of synthetic drugs in a manner not
inconsistent with or duplicative of federal or state law. This authority includes the
authority to regulate derivatives or alterations of synthetic drugs regulated by state or
federal law; to regulate the provision, display for sale, distribution, sale, and
possessions of such synthetic drugs; and to allow for the revocation, suspension,
amendment, etc. of business licenses for violators of these regulations.
This ordinance was introduced at the May 6, 2014 City Council meeting. California law
requires both an introduction and a second reading (adoption) of an ordinance. The
ordinance will then become effective thirty (30) days thereafter. Therefore, this item is
agendized for second reading in order that the ordinance may become effective thirty
days thereafter.
FISCAL IMPACT:
This item is not expected to have a significant impact on the General Fund.
ATTACHMENT:
Ordinance No. 14-05
PACKET PAGE: 117
AGENDA ITEM 3A.8
1
STATE OF CALIFORNIA ) ORDINANCE NO. 14-05
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO, CALIFORNIA, ADDING A NEW
CHAPTER 9.44 TO TITLE 9 OF THE SAN JACINTO
MUNICIPAL CODE, REGARDING PSYCHOACTIVE
HERBAL INCENSE, PSYCHOACTIVE BATH SALTS AND
OTHER SYNTHETIC DRUGS, PROHIBITING THE
DISTRIBUTION AND SALE OF CERTAIN INTOXICATING
CHEMICAL COMPOUNDS KNOWN AS SYNTHETIC
DRUGS
WHEREAS, California State Law, through the recently enacted Health & Safety
Code Sections 11357.5 and 11375.5, prohibits the sale or any other distribution of
certain synthetic drugs often marketed as “bath salts” or “incense” in response to
increased incidents, particularly among adolescents, resulting from the use of these
drugs; and
WHEREAS, according to the National Institute on Drug Abuse (“NIDA”), synthetic
cannabinoid compound or synthetic cannabinoid derivative products (hereinafter
“psychoactive herbal incense”) contain dried, shredded plant material and chemical
additives that are responsible for psychoactive (mind-altering) effects. NIDA also
confirms that these products are sold under many names including Spice, K2, fake
weed, Yucatan Fire, Skunk, Moon Rocks and others. Labels on psychoactive herbal
incense products often claim the products contain “natural” psycho-active material taken
from a variety of plants, but chemical analyses shows that the active ingredients in
psychoactive herbal incense are synthetic (or designed) cannabinoid compounds. For
many years, psychoactive herbal incense mixtures have been easy to purchase in head
shops, gas stations, and via the Internet. Some psychoactive herbal incense products
are sold as “incense,” often closely resemble potpourri, and are often sold with a
warning label that the products “are not for human consumption.” Like marijuana,
psychoactive herbal incense is abused mainly by smoking, but can sometimes be mixed
with marijuana or prepared as an herbal infusion for drinking; and
WHEREAS, because the chemicals in psychoactive herbal incense have a high
potential for abuse and no medical benefit the Drug Enforcement Administration (“DEA”)
has designated the five active chemicals most frequently found in psychoactive herbal
incense as Schedule I controlled substances, making it illegal to sell, buy, or possess
them under federal law. These five chemicals are also included in Health and Safety
Code Section 11357.5, subdivision (b)(1)-(5) as the chemicals specifically prohibited by
Section 11357.5; and
PACKET PAGE: 119
AGENDA ITEM 3A.8
2
WHEREAS, according to NIDA, psychoactive herbal incense products are
popular among young people and, of the illicit drugs used by high school seniors,
psychoactive herbal incense is second only to marijuana; and
WHEREAS, psychoactive herbal incense often causes users to have
experiences similar to marijuana, while some users experience even stronger psychotic
effects such as extreme anxiety, paranoia, and hallucinations. Psychoactive herbal
incense abusers who have been taken to Poison Control Centers report symptoms that
include rapid heart rate, vomiting, agitation, confusion, and hallucinations. Nationwide,
the American Association of Poison Control Centers (“AAPCC”) reports 343 calls of
exposure to psychoactive herbal incense in just the first two months of 2014 and 2,643
exposures in 2013. The AAPCC claims that psychoactive herbal incense can cause
dangerous health effects, is made specifically to be abused, and is not tested for safety;
and
WHEREAS, there is an emerging family of drugs commonly referred to as “bath
salts” or “psychoactive bath salts” that contain one or more chemicals relating to
cathinone, an amphetamine-like stimulant found naturally in the Khat plant. According
to the NIDA, psychoactive bath salts typically take the form of a white or brown
crystalline powder and are sold in small plastic or foil packages labeled “not for human
consumption.” Psychoactive bath salts are often sold in drug stores under a variety of
brand names, such as Ivory Wave, Bloom, Cloud Nine, Lunar Wave, Vanilla Sky, White
Lightning, and Scarface and users of psychoactive bath salts can experience euphoria,
increased sociability, and sex drive, while others experience paranoia, agitation, and
hallucinatory delirium. Some users even display psychotic and violent behavior, with
deaths being reported in several instances; and
WHEREAS, in October 2011, the DEA placed three common synthetic
cathinones found in psychoactive bath salts under emergency ban pending further
investigation and, in July 2012, President Obama signed the Synthetic Drug Abuse
Prevention Act of 2012 (as part of the Federal Drug Administration Safety and
Innovation Act) permanently making two of them illegal along with psychoactive herbal
incense. On April 12, 2013, the DEA used its emergency scheduling authority to
schedule three more types of synthetic cannabinoids, temporarily designating them as
Schedule I substances; and
WHEREAS, the Analog Drug Law codified in California Health and Safety Code
Section 11400 provides that selling a drug that is an analog of a scheduled controlled
substance is a crime subject to criminal prosecution; and
WHEREAS, according to NIDA, although federal law prohibits chemically similar
“analogues” of the specifically banned types of psychoactive herbal incense and
psychoactive bath salts, manufacturers are expected to respond by creating new drugs
different enough from the banned substances to evade current legal restriction. For
example, after the cathinone mephedrone was banned in the United Kingdom in 2010, a
chemical called naphyrone quickly replaced it, and is now being sold as “jewelry
cleaner” under the name “Cosmic Blast”; and
PACKET PAGE: 120
AGENDA ITEM 3A.8
3
WHEREAS, the AAPCC reports 104 calls of exposure to psychoactive bath salts
nationwide in just the first two months of 2014 and 995 exposures in 2013. The AAPCC
claims that psychoactive bath salts are among the worst substances the AAPCC has
ever seen, has not been tested, and can have permanent side effects; and
WHEREAS, to avoid the threat to public health, safety, and welfare that would
occur if these intoxicating synthetic chemical compounds were permitted in the City and
to ensure the individual or business which possesses, provides, distributes or sells
Synthetic Drugs as defined herein is a threat to public health, safety and welfare and, as
such, is subject to the City's administrative, criminal and civil enforcement procedures
(set forth in Sections 1.24.010, 1.28.010 to 1.28.140 inclusive, and Chapter 8.44 of Title
8 of the San Jacinto Municipal Code) and, in the case of a business, prohibition against
the issuance of a business license (pursuant to Chapter 5.04 of the San Jacinto
Municipal Code); and
WHEREAS, the City Council hereby finds that virtually every community in
California has recognized the danger of Synthetic Drugs which have been documented
to cause hallucinations, agitation, psychosis, aggression, suicidal and homicidal
ideations, cannibalism and death. While state and federal law prohibit certain
compounds that are used to create synthetic drugs, they are not comprehensive enough
to eliminate the distribution and sale of all Synthetic Drugs in the City. Specifically, the
Council finds that the makers of Synthetic Drugs continually alter the composition of the
compounds in their products so as to not come under the purview of state and federal
law and other laws and regulations attempting to prohibit the sale of Synthetic Drugs. In
fact, products which plainly are being marketed for use of Synthetic Drugs are now
being packaged with advertisements stating that the product does not contain the
compounds specifically banned by state or federal law. Thus, the City Council finds that
in order to implement an effective measure prohibiting the distribution and sale of
Synthetic Drugs, it is necessary to look at all factors related to the sales and marketing
of Synthetic Drugs. These factors will help City officials determine whether a product
that does not come under the purview of state or federal law is nevertheless a Synthetic
Drug because it is intended for recreational drug use; and
WHEREAS, while the question of whether a given product is being distributed or
sold for use as a recreational drug must be determined on a case-by-case basis, the
City Council finds that the following evidentiary factors are helpful in determining
whether a given product is in fact a Synthetic Drug:
1. Marketing: Synthetic Drugs are rarely, if ever, suitable for their marketed uses.
For example, a Synthetic Drug in the form of a powder might be marketed as “glass
cleaner,” even though the powder cannot reasonably be used to clean glass.
2. Sales Location: Synthetic Drugs are typically sold in liquor stores, smoke
shops and gas stations, yet Synthetic Drugs are marketed as products that are not
typically sold by these businesses. For example, Synthetic Drugs are often marketed as
bath salts, spice, incense, potpourri, skin treatments, cleaning products and plant food;
PACKET PAGE: 121
AGENDA ITEM 3A.8
4
however, these types of products are typically not sold in liquor stores, smoke shops or
gas stations.
3. Warning Labels: Synthetic Drugs often use warning labels such as: “not for
human consumption” and “not for purchase by minors.” Bona fide bath salts, incense,
cleaning products and the like do not typically bear such labels. Of particular relevance
are labels that indicate a given product does not contain chemical compounds banned
by state law, which bona fide bath salts, incense, cleaning products and the like would
not have any reason to advertise.
4. Price: Synthetic Drugs are typically more expensive than products that are
used for Synthetic Drug's marketed use. For example, a Synthetic Drug marketed as
“glass cleaner” might be priced at $50.00 for an eighth of an ounce, while bona fide
glass cleaner is priced at approximately $5.00 for 26 ounces.
5. Similarity to Illicit Street Drugs: Synthetic Drugs often resemble illicit street
drugs and/or use brand names and packaging that are designed to make the product
appear similar to illicit street drugs. For example, many Synthetic Drugs are sold as
white powders packaged in vials (resembling cocaine) or dyed green to appear similar
to marijuana. Additionally, brand names are often similar to street slang for illicit drugs
and have no relation to the products that are purportedly being sold. These brand
names are always changing, but include “Eight Ballz,” “Spice,” “Black Mamba,” “K-2,”
“Puff,” “Sugar Sticks,” “Green Buddha,” “Diablo Botanical Incense,” “Scooby Snax
Potpourri,” “Grape Ape Herbal Incense,” “Aurora Incense,” “Three Monkey Incense,”
“Mr. and Mrs. Marley.” “Cloud 9 Incense,” and a group of Synthetic Drugs marketed as
from “The Spice Guy”; and
WHEREAS, the City Council further finds that, given the recent state and federal
laws making the certain identified chemicals in psychoactive herbal incense and
psychoactive bath salts illegal and the public peace, health, safety and welfare concerns
associated with the sale and use of psychoactive herbal incense and psychoactive bath
salts as mentioned herein, the City finds that the sale and the use of psychoactive
herbal incense and psychoactive bath salts each create a nuisance that threatens the
health, safety, and property of users, their families, and any person or property nearby
and therefore, by adding Chapter 9.44 to the San Jacinto Municipal Code by this
Ordinance, wishes to prohibit, without encroaching upon any field of law occupied by
state or federal law, the sale and use of psychoactive herbal incense and psychoactive
bath salts (as those phrases are defined in this Ordinance) in the City. To avoid the
threat to public health, safety, and welfare that would occur if these intoxicating
synthetic chemical compounds were permitted in the City and to ensure the individual or
business which possesses, provides, distributes or sells Synthetic Drugs as defined
herein is a threat to public health, safety and welfare and, as such, is subject to the
City's administrative, criminal and civil enforcement procedures (set forth in Sections
1.24.010, 1.28.010 to 1.28.140 inclusive, and Chapter 8.44 of Title 8 of the San Jacinto
Municipal Code) and, in the case of a business, prohibition against the issuance of a
business license (pursuant to Chapter 5.04 of the San Jacinto Municipal Code); and
PACKET PAGE: 122
AGENDA ITEM 3A.8
5
WHEREAS, an effective way to prevent and abate the health, safety and welfare
concerns that exist as a result of the marketing, distribution and sale of Synthetic Drugs
in manners that brazenly seek to circumvent State and Federal Law is through the
enforcement of the City's administrative, criminal and civil enforcement procedures and
through the prohibition against the issuance of a business license. Because the
chemical composition of Synthetic Drugs is constantly evolving, it is necessary to look at
the circumstances surrounding the marketing (including price), distribution or sale of any
given product to determine if the product is being provided, distributed or sold as a
recreational drug. This ordinance shall not apply to any activity already regulated by
Health and Safety Code Sections 11357.5, 11375.5, 11401, the federal Controlled
Substances Act or pre-empted by any State or Federal law or regulation; and
WHEREAS, by enacting this Ordinance, the City ordains that nothing herein shall
be deemed to conflict with federal law, including but not limited to its treatment of
controlled substances, state law, including but not limited to Health and Safety Code
Section 11357.5 and Section 11375.5, or otherwise or to license any activity that is
prohibited thereunder except as mandated by such laws.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated in full
herein by this reference.
SECTION 2. A new Chapter 9.44 entitled "Psychoactive Herbal Incense,
Psychoactive Bath Salts and Other Synthetic Drugs" is hereby added to Title 9 of the
San Jacinto Municipal Code and shall read as follows:
“Chapter 9.44
PSYCHOACTIVE HERBAL INCENSE, PSYCHOACTIVE BATH SALTS AND OTHER
SYNTHETIC DRUGS
9.44.010 Purpose and intent.
9.44.020 Definitions.
9.44.030 Provision, display for sale, sale or distribution of synthetic drugs
prohibited.
9.44.040 Provision, display for sale, sale or distribution of substances claimed
or represented to be synthetic drugs prohibited.
9.44.050 Possession of synthetic drugs prohibited.
9.44.060 Public nuisance.
9.44.070 Summary abatement.
9.44.080 Revocation of business license.
9.44.090 Penalties.
9.44.100 Seizure of evidence.
9.44.110 Exclusions.
PACKET PAGE: 123
AGENDA ITEM 3A.8
6
9.44.010 Purpose.
Recreational use of psychoactive herbal incense, psychoactive bath salts and
similar products known as “synthetic drugs” has been documented to cause
hallucinations, agitation, psychosis, aggression, suicidal and homicidal ideations,
cannibalism and death. While state and federal laws and regulations prohibit some
synthetic drugs, the makers of these drugs continually alter the composition of the
compounds in their products so as to escape the purview of these laws and regulations.
It is the purpose and intent of this Chapter to prohibit the sale or use of psychoactive
herbal incense and psychoactive bath salts, as those terms are defined herein, in the
City in order to protect and preserve the public peace, safety, health, and welfare of
those within the City and to provide the City with reasonable measures to address the
dangers to the community posed by synthetic drugs, including those not regulated by
state or federal law. Nothing in this Chapter shall be construed to cease or limit or
encroach in any way upon any field of law occupied by federal law or by the laws of the
state of California.
The prohibition of psychoactive herbal incense and psychoactive bath salts is
necessary and in the interests of the public health, safety and general welfare because
there is the substantial likelihood of the sale and use of these illegal drugs in the City of
San Jacinto. The sale and use of psychoactive herbal incense and psychoactive bath
salts in the City would result in undesirable impacts to the community. Among these
impacts are: increased potential for the sale of these controlled substances to minors
and adults for their use, increased dependency on these controlled substances,
increased harm to the users of these controlled substances, and increased risk of injury
to persons or property by users of these controlled substances.
9.44.020 Definitions.
[The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:]
Business shall have the same meaning as the term is defined in section 5.04.030 of this
Municipal Code.
Code enforcement officer shall have the same meaning as the term is defined in section
8.44.020 of this Municipal Code.
Consume, consuming or consumption shall mean to ingest, inhale, inject, smoke or
snort (insufflate).
Distribute, distributing, or distribution shall mean to furnish, give away, exchange,
transfer, deliver or supply, whether for monetary gain or not.
Person shall include any natural person, business, firm, company, corporation, public
corporation, club, trust, partnership, association or similar organization.
PACKET PAGE: 124
AGENDA ITEM 3A.8
7
Possess, possessing or possession shall mean to have for consumption, distribution or
sale in one's actual or constructive custody or control, or under one's authority or power,
whether such custody, control, authority or power be exercised solely or jointly with
others.
Provide, providing or provision shall mean offering to distribute or sell a product or
substance to any person.
Psychoactive bath salts shall mean any crystalline or powder product that contains a
synthetic chemical compound that, when consumed, elicits psychoactive or
psychotropic stimulant effects. The term "psychoactive bath salts" includes without
limitation:
(1) Products that elicit psychoactive or psychotropic stimulant effects and
contain any of the following intoxicating chemical compounds:
(A) Cathinone (2-amino-1-phenyl-1-propanone), 4- methylmethcathinone (2-
methylamino-1-(4-methylphenyl)propan-1-one), 4-methoxymethcathinone (1-(4-
methoxyphyenyl)-2-(methylamino)propan-1-one), MDPV (methylenedioxypyrovalerone),
MDMA (3, 4- methylenedioxy-N-methylamphetamine), methylene (3,4-methylenedioxy- N-
methylcathinone), methcathinone (2-(methylamino)-1-phenyl-propan-1- one), flephedrone
(4-fluoromethcathinone), 3-FMC (3- fluoromethcathinone), ethcathinone (2-ethylamino-1-
phenyl-propan-1-one), butylone (13-keto-N-methylbenzodioxolylbutanamine), a-PPP (a-
pyrrolidinopropiophenon), MPPP (4'-methyl-a-pyrrolidinopropiophenone), MDPPP (3',4'-
methylenedioxy-a-pyrrolidinopriopiophenone), a-PVP (1- phenyl-2-(1-pyrrolidinyl)-1-
pentanone) or naphyrone (1-naphthalen-2-yl-2- pyrrolidin-1-ylpentan-1-one);
(B) Any derivative of the above listed intoxicating chemical compounds;
(C) Any synthetic substance and its isomers with a chemical structure
similar to the above listed compounds;
(D) Any chemical alteration of the above listed intoxicating chemical
compounds; or
(E) Any other substantially similar chemical structure or compound; and
(2) Products that elicit psychoactive or psychotropic stimulant effects and are
marketed under any of the following trade names: Bliss, Blizzard, Blue Silk, Bonzai
Grow, Charge Plus, Charlie, Cloud Nine, Euphoria, Hurricane, Ivory Snow, Ivory Wave,
Lunar Wave, Ocean, Ocean Burst, Pixie Dust, Posh, Pure Ivory, Purple Wave, Red
Dove, Scarface, Snow Leopard, Stardust, Vanilla Sky, White Dove, White Night and
White Lightning. The term "psychoactive bath salts" shall not include any product,
substance, material, compound, mixture or preparation that is specifically excepted by
the California Uniform Controlled Substances Act ("UCSA") (Health and Safety Code §§
11000 et seq.), listed in one of the UCSA's schedules of controlled substances (Health
and Safety Code §§ 11053-11058), regulated by one of the UCSA"s Synthetic Drug
Laws (Health and Safety Code §§ 11357.5, 11375.5 and 11401), regulated by the
PACKET PAGE: 125
AGENDA ITEM 3A.8
8
Federal Controlled Substances Act (the "CSA") (21 USC §§ 81 et seq.) or approved by
the Food and Drug Administration ("FDA").
Psychoactive herbal incense shall mean any organic product consisting of plant material
that contains a synthetic stimulant compound that, when consumed, elicits psychoactive
or psychotropic euphoric effects. The term "psychoactive herbal incense" includes
without limitation:
(1) Products that elicit psychoactive or psychotropic euphoric effects and contain
any of the following chemical compounds:
(A) Cannabicyclohexanol (2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-
methylnonan-2-yl)phenol), JWH-018 (naphthalene-1-yl-(1-pentylindol-3-yl)methanone),
JWH-073 (napththalen-1-yl-(1-butylindol-3-yl)methanone), JWH-200 ((1-(2-morpholin-4-
ylethyl)indol-2-yl)-naphthalen-1-ylmethanone), HU-210 ((6aR,1OaR)-9-
(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,1Oa-tetrahydrobenzo
[c]chromen-1-ol), CP 47, 497 (2-[(1R,3S)-3- hydroxycyclohexyl]-5-(2-methyloctan-2-
yl)phenol) CP 47,497 (2-[1R,3S)-3- hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol) or
AM-2201 (1-[(5-fluoropentyl)-1H-indol-3-yl]-(napthalen-1-yl)methanone);
(B) Any derivative of the above listed intoxicating chemical compounds;
(C) Any synthetic substance and its isomers with a chemical structure
similar to the above listed intoxicating chemical compounds;
(D) Any chemical alteration of the above listed intoxicating chemical
compounds; or
(E) Any other substantially similar chemical structure or compound; and
(2) Products that elicit psychoactive or psychotropic euphoric effects and are
marketed under any of the following names: K2, K3, Spice, Genie, Smoke, Potpourri,
Buzz, Spice 99, Voodoo, Pulse, Hush, Mystery, Earthquake, Black Mamba, Stinger,
Ocean Blue, Stinger, Serenity, Fake Weed and Black Mamba. The term "psychoactive
herbal incense" shall not include any product, substance, material, compound, mixture,
or preparation that is specifically excepted by the UCSA (Health and Safety Code §§
11000 et seq.), listed in one of the UCSA's schedules of controlled substances (Health
and Safety Code §§ 11053—11058) regulated by one of the USCA's Synthetic Drug
Laws (Health and Safety Code §§ 11357.5, 11375.5 and 11401), regulated by the CSA
(21 USC §§ 81 et seq.) or approved by the FDA.
Psychoactive or psychotropic stimulant effects shall mean affecting the central nervous
system or brain function to change perception, mood, consciousness, cognition or
behavior in ways that are similar to the effects of cocaine, methylphenidate or
amphetamines.
PACKET PAGE: 126
AGENDA ITEM 3A.8
9
Psychoactive or psychotropic euphoric effects shall mean affecting the central nervous
system or brain function to change perception, mood, consciousness, cognition or
behavior in ways that are similar to the effects of cannabis.
Sell, selling or sale shall mean to furnish, exchange, transfer, deliver or supply for
monetary gain.
Synthetic drug shall include psychoactive bath salts and psychoactive herbal incense,
as those terms are defined hereinabove.
9.44.030 Provision, display for sale, sale or distribution of synthetic
drugs prohibited.
(a) It is unlawful for any person to provide, display for sale, distribute or sell any
synthetic drug within the City of San Jacinto.
(b) Merely disclaiming a synthetic drug as "not safe for human consumption" will
not avoid the application of this section.
9.44.040 Provision, display for sale, sale or distribution of substances
claimed or represented to be synthetic drugs prohibited.
(a) It is unlawful for any person to claim or represent that a product that person is
providing, displaying for sale, distributing or selling is a synthetic drug within the City of
San Jacinto.
(b) To determine if a person is claiming or representing that a product is a
synthetic drug, the enforcing officer may consider any of the following evidentiary
factors:
(1) The product is not suitable for its marketed use (such as a crystalline
or powder product being marketed as "glass cleaner");
(2) The business providing, displaying for sale, distributing or selling the
product does not typically provide, distribute or sell products that are used for that
product's marketed use (such as a liquor store selling "plant food");
(3) The product contains a warning label that is not typically present on
products that are used for that product's marketed use (such as "not for human
consumption," "not for purchase by minors," or "does not contain chemicals banned by
section 11357.5");
(4) The product is significantly more expensive than products that are
used for that product's marketed use (such as half of a gram of a substance marketed
as "glass cleaner" costing $50.00);
(5) The product resembles an illicit street drug (such as cocaine,
methamphetamine or marijuana); or
PACKET PAGE: 127
AGENDA ITEM 3A.8
10
(6) The product's name or packaging uses images or slang referencing an
illicit street drug (such as "Eight Ballz" or "Green Buddha").
(c) Merely disclaiming a substance claimed or represented to be a synthetic drug
as "not safe for human consumption" will not avoid the application of this section.
9.44.050 Possession of synthetic drugs prohibited.
It is unlawful for any person to possess any synthetic drug within the City of San
Jacinto.
9.44.060 Public nuisance.
(a) It is a public nuisance for any person to provide, display for sale, distribute or
sell any synthetic drug within the City of San Jacinto.
(b) It is a public nuisance for any person to allow the provision, display for sale,
distribution or sale of any synthetic drug on property owned, controlled or managed by
such person within the City of San Jacinto.
(c) It is a public nuisance for any person to provide, display for sale, distribute or
sell any substance claimed or represented to be a synthetic drug within the City of San
Jacinto.
(d) It is a public nuisance for any person to allow the provision, display for sale,
distribution or sale of any substance claimed or represented to be a synthetic drug on
property owned, controlled or managed by such person within the City of San Jacinto.
(e) To determine if a person is claiming or representing that a substance or
product is a synthetic drug, the enforcing officer may consider any of the evidentiary
factors set forth in section 9.44.030 of this Chapter.
(f) A criminal conviction is not required for establishing the occurrence of
nuisance activity pursuant to this Chapter. The occurrence of nuisance activity may be
established by documented evidence that the nuisance activity was witnessed by a
code enforcement officer, peace officer or other witness willing to testify.
(g) The remedies set forth in this Chapter are cumulative and additional to any
and all other legal remedies available whether set forth elsewhere in the San Jacinto
Municipal Code, or in state or federal laws, regulations, or case law.
9.44.070 Summary abatement.
Because the use of synthetic drugs has been documented to cause
hallucinations, agitation, psychosis, aggression, suicidal and homicidal ideations,
cannibalism and death, any violation of this Chapter presents a grave and imminent
danger not only to the person consuming the synthetic drug, but also to the public at
large. If the code enforcement officer, based on the facts then known, determines that a
PACKET PAGE: 128
AGENDA ITEM 3A.8
11
violation of this division presents an imminent danger or hazard or is imminently
injurious to the public health or safety, then that violation is punishable by the summary
abatement procedures set forth section 8.44.080 of this Municipal Code.
9.44.080 Revocation of business license.
No person holding a city business license and owning or operating a business in
the city may use that business to provide, distribute or sell any synthetic drug or any
substance claimed or represented to be a synthetic drug. A violation of this section by
the holder of a city business license, shall constitute grounds for modification,
suspension, revocation, or any combination thereof, of said license.
9.44.090 Penalties.
Established by resolution of the City of San Jacinto City Council.
(a) Misdemeanor violation. Failure to comply with any of the requirements of this
division is a misdemeanor punishable by imprisonment in the city or county jail for a
period not exceeding six months or by fine not exceeding $1,000.00, or by both,
provided that where the city attorney determines that such action would be in the
interest of justice, he/she may specify in the accusatory pleading that the offense shall
be an infraction.
(b) Infraction violation. Where the city attorney determines that, in the interest of
justice, a violation of this division is an infraction, such infraction is punishable by a fine
not exceeding $100.00 for a first violation, a fine not exceeding $200.00 for a second
violation of the same provision within one year, and a fine not exceeding $500.00 for
each additional infraction violation of the same provision within one year. An infraction is
not punishable by imprisonment. A person charged with an infraction shall not be
entitled to a trial by jury and shall not be entitled to have the public defender or other
counsel appointed at public expense to represent him/her, unless he/she is arrested
and not released on his/her written promise to appear, his/her own recognizance or a
deposit of bail. However, any person who has previously been convicted two or more
times during any 12-month period for any violation of this division for a crime made
punishable as an infraction shall be charged with a misdemeanor upon the third
violation.
(c) The fine amounts set forth above may be modified, from time to time, by city
council resolution. In no event shall such fine amounts exceed the amounts authorized
by state law.
9.44.100 Seizure of evidence.
Any product(s) or substance(s) possessed, provided, distributed or sold in
violation of any provision of this Chapter shall be seized by the enforcing officers and
removed, stored and disposed of in accordance with law.
PACKET PAGE: 129
AGENDA ITEM 3A.8
12
9.44.110 Exclusions.
(a) This Chapter shall not apply to drugs or substances lawfully prescribed or to
intoxicating chemical compounds that have been approved by the federal Food and
Drug Administration or which are specifically permitted by California law, including
without limitation, intoxicating chemical compounds that are specifically excepted by the
California Uniform Controlled Substances Act (Health and Safety Code § 11000 et
seq.).
(b) This Chapter shall not apply to drugs or substances that are prohibited by
state or federal law, including without limitation, California Health and Safety Code §§
11357.5, 11375.5, 11401 and the Federal Controlled Substances Act.
(c) This Chapter shall not be deemed to prescribe any act that is positively
permitted, prohibited or preempted by any state or federal law or regulation.”
SECTION 3. If any section, subsection, sentence, clause, phrase or word of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have adopted this Ordinance, and each and every section, subsection, sentence,
clause, or phrase not declared invalid or unconstitutional without regard to whether any
portion or the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. This Ordinance supersedes and voids all prior ordinances,
resolutions, and other Council actions which are inconsistent with its terms.
SECTION 5. Based on the entire record before the City Council, and all written
and oral evidence presented to the City Council, the City Council hereby finds that this
ordinance is exempt from review under the California Environmental Quality Act
(“CEQA”), pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
SECTION 6. This Ordinance shall take effect thirty (30) days after the date of its
adoption, and prior to the expiration of the fifteen (15) days from the passage thereof,
the Ordinance or a summary of the Ordinance shall be published at least once in the
Press Enterprise, a newspaper published and circulated in the City of San Jacinto, and
thereupon and thereafter this ordinance shall take effect and be in force according to
law.
PACKET PAGE: 130
AGENDA ITEM 3A.8
13
PASSED, APPROVED AND ADOPTED by the City Council of the City of San
Jacinto, California, at a regular meeting of the City Council held on the ____ day of
_____________, 2014.
City of San Jacinto
______________________________
By: Alonso Ledezma, Mayor
ATTEST:
______________________________________
Rick Miller, City Clerk
APPROVED AS TO FORM:
______________________________________
Best Best & Krieger LLP
City Attorney
PACKET PAGE: 131
AGENDA ITEM 3A.8
14
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
I, , City Clerk of the City of San Jacinto, California, do hereby certify that the
foregoing Ordinance was regularly introduced and duly passed and adopted at a regular
meeting of the City Council of the City of San Jacinto, California, duly held the __ day of
_________ 2014, by the following vote of the Council:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of San Jacinto, California, this __ day of _______ 2014.
Rick Miller, City Clerk
PACKET PAGE: 132
AGENDA ITEM 3A.8
May 20, 2014
TO: The Honorable Mayor and Members of the City Council
FROM: Mary Lanier, Planning Consultant
SUBJECT: Ordinance No. 14-07, Adopting Amendment No. 1 to the Western
Riverside County Transportation Uniform Mitigation Fee Program
Ordinance of 2009
RECOMMENDATION:
Staff recommends that the City Council, by motion, introduce Ordinance No. 14-07,
approving and adopting Amendment No. 1 to the Western Riverside County
Transportation Uniform Mitigation Fee Program Ordinance of 2009.
BACKGROUND:
The City of San Jacinto is a Member Agency of the Western Riverside Council of
Governments (“WRCOG”), a joint powers agency comprised of the County of Riverside,
March JPA, and seventeen cities located in Western Riverside County. Acting in
concert, the WRCOG Member Agencies developed a plan whereby the shortfall in funds
needed to enhance the capacity of the Regional System of Highways and Arterials due
to new development in Western Riverside County could be made up in part by a
Transportation Uniform Mitigation Fee (“TUMF”) on future residential, commercial and
industrial development. As a Member Agency of WRCOG and as a TUMF Participating
Jurisdiction, the City participated in the preparation of a certain “Western Riverside
County Transportation Uniform Mitigation Fee Nexus Study,” (“2009 Nexus Study”) later
adopted by the WRCOG Executive Committee. The City adopted the 2009 Nexus
Study and Ordinance No. 14-07 to implement the TUMF Program in the City of San
Jacinto.
Pursuant to the Mitigation Fee Act (Gov. Code §§ 66000 et seq.), WRCOG, upon
recommendation of the WRCOG Executive Committee, now desires to amend the
TUMF Ordinance to include the following exemption:
· Exempt non-profit 501(c)(3) organizations who build new, single-family
homes, specifically constructed and adapted for qualifying severely
disabled veterans injured in a theatre of combat operations.
PACKET PAGE: 133
AGENDA ITEM 4.1
On April 7, 2014, the WRCOG Executive Committee reviewed the attached revised
TUMF Program Ordinance template and recommended TUMF Participating
Jurisdictions amend their TUMF ordinances to reflect the changes.
DISCUSSION:
The revised TUMF Ordinance recommendation to exempt non-profit 501(c)(3)
organizations from paying TUMF is specific in that it limits the exemption to new,
specially adapted homes for severely disabled veterans who are the recipients of a
Veterans Administration Specially Adapted Housing (SAH) Grant or its equivalent.
There have been three homes built in Western Riverside County that meet this criterion
in the cities of Temecula, Winchester, and Corona.
The following outlines the key points of the exemption:
• The new Exemption is solely for new single-family homes built by a non-profit
organization for any qualifying veteran disabled during a theatre of war.
• The Veteran’s Administration prequalifies the disabled veteran applicant by
approving a special SAH grant (grant is used by non-profit to help pay the
mortgage).
• The Non-profit organization raises the funding, helps the recipient choose the
property location, builds the specially adapted home, and works with the City to
pay for all permits.
• The City handles the permit applicant the same as any other TUMF exemption
process, by assessing only their own local fees, e.g. DIF, etc.
FISCAL IMPACT:
There is no fiscal impact to the City from this exemption. The estimated $1 million
impact to the TUMF program is over the 35 year life of the TUMF Program and is
considered high, given the high-level VA SAH grant qualifications. This short-fall is
anticipated to be approximately one million dollars and will be accounted for in the 2014
Network Update.
ATTACHMENTS:
· Ordinance No. 14-07
PACKET PAGE: 134
AGENDA ITEM 4.1
20323.00004\8669782.2
STATE OF CALIFORNIA ) ORDINANCE NO. 14-07
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
AN ORDINANCE OF THE CITY OF SAN JACINTO AMENDING
ORDINANCE NO. 09-23 TO INCLUDE NEW EXEMPTIONS FOR
NEWLY CONSTRUCTED SPECIALLY ADAPTED HOMES FOR
SEVERELY DISABLED VETERANS UNDER THE WESTERN
RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION
FEE (TUMF) PROGRAM
The City Council of the City of San Jacinto “(City”) ordains as follows:
Section 1. Title.
This Ordinance shall be known as Amendment No. 1 to the “Western Riverside
County Transportation Uniform Mitigation Fee Program Ordinance of 2009”
(“Ordinance”).
Section 2. Findings.
A. The City is a member agency of the Western Riverside Council of
Governments (“WRCOG”), a joint powers agency comprised of the County of Riverside,
the March Joint Powers Authority, and 17 cities located in Western Riverside County.
Acting in concert, the WRCOG Member Agencies developed a plan whereby the
shortfall in funds needed to enlarge the capacity of the Regional System of Highways
and Arterials in Western Riverside County (the “Regional System”) could be made up in
part by a Transportation Uniform Mitigation Fee (“TUMF”) on future residential,
commercial and industrial development.
B. WRCOG, upon the recommendation of the WRCOG Executive
Committee, now desires to adopt one new exemption under the Western Riverside
County Transportation Uniform Mitigation Fee Program Ordinance of 2009. The
exemption is for newly constructed, specially adapted homes for severely disabled
veterans designed for maximum freedom movement and the ability to live more
independently at no cost to qualifying disabled veterans.
C. The City Council finds and determines that the new exemption because of
its small number of estimated properties, will not threaten the reasonable and rational
relationship between the use of the TUMF and the type of development projects on
which the fees are imposed because the fees will be used to construct the
transportation improvements that are necessary for the safety, health and welfare of the
residential and non-residential users of the development in which the TUMF will be
levied. The City Council has also estimated the cost of the new exemption and
understands that the TUMF fees will not be used to cover the fair share of these
exempted properties on the Regional System.
PACKET PAGE: 135
AGENDA ITEM 4.1
20323.00004\8669782.2
Section 3. Definitions.
The following new definition shall be added to Ordinance No. 09-23:
“Disabled Veteran” means any veteran who is retired or is in process of medical
retirement from military service who is or was severely injured in a theatre of combat
operations, and has or received a letter of eligibility for the Veterans Administration
Specially Adapted Housing (SAH) Grant Program.”
“Non-Profit Organization” means an organization operated exclusively for exempt
purposes set forth in section 501(c)(3) of the Internal Revenue Code, and none of its
earnings may inure to any private shareholder or individual. In addition, it may not be an
action organization, i.e., it may not attempt to influence legislation as a substantial part
of its activities and it may not participate in any campaign activity for or against political
candidates. For the purposes of the TUMF Program the non-profit must be a 501(c)(3)
charitable organization as defined by the Internal Revenue Service.
Section 4. Exemption: Specially Adapted Homes for Severely Disabled
Veterans
The following new exemption shall be added to Ordinance No. 09-23:
“New homes, constructed by non-profit organizations, specially adapted and
designed for maximum freedom of movement and independent living for qualified
Disabled Veterans.”
Section 5. Effect.
No provisions of this Ordinance shall entitle any person who has already paid the
TUMF to receive a refund, credit or reimbursement of such payment because of this
new exemption.
Section 6. Severability.
If any one or more of the terms, provisions or sections of this Ordinance shall to
any extent be judged invalid, unenforceable and/or voidable for any reason whatsoever
by a court of competent jurisdiction, then each and all of the remaining terms, provisions
and sections of this Ordinance shall not be affected thereby and shall be valid and
enforceable.
Section 7. Judicial Review.
In accordance with State law, any judicial action or proceeding to attack, review,
set aside, void or annul this Ordinance shall be commenced within ninety (90) days of
the date of adoption of this Ordinance.
PACKET PAGE: 136
AGENDA ITEM 4.1
20323.00004\8669782.2
Section 8. Effective Date.
This Ordinance shall take effect thirty (30) days after its adoption.
Section 9. Full Force and Effect.
Except to the extent specifically modified or amended hereunder, all of the terms,
covenants, and conditions of Ordinance No. 09-23 shall remain in full force and effect
between the Parties hereto.
PASSED, APPROVED AND ADOPTED by the City Council of the City of San
Jacinto, California, at a regular meeting of the City Council held on the ____ day of
_____________, 2014.
AYES:
NAYS:
ABSENT:
ABSTAIN:
City of San Jacinto
______________________________
By: Alonso Ledezma, Mayor
ATTEST:
______________________________________
Richard Miller, City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
______________________________________
Jeffrey S. Ballinger, City Attorney
PACKET PAGE: 137
AGENDA ITEM 4.1
May 20, 2014
TO: The Honorable Mayor and Members of the City Council
FROM: Habib Motlagh, City Engineer
SUBJECT: Updated Noise Survey – Ramona Expressway (Phase I)
RECOMMENDATION:
Staff recommends that the City Council, by motion, receive and file the updated
Ramona Expressway Noise Study dated May 6, 2014.
DISCUSSION:
In 2009, prior to start of construction of Ramona Expressway Phase I between
Sanderson Avenue and Eagle Road, Council directed staff to update the study at the
conclusion of the construction. Page 6-2 of the report dated May 6, 2014, prepared by
RK Engineering, indicates that, with the exception of one area, all other locations
experienced a reduction in noise level. The reduction of the noise can be contributed to
the use of recycled rubber asphalt in this area and the smoother road surface compared
to previous conditions. The Traffic Engineer is recommending that the City monitor the
conditions in the future.
ALTERNATIVES:
Approval: Approve the study prepared by RK Engineering.
Denial: Do not approve the study, and provide staff direction as appropriate.
FISCAL IMPACT:
There is no particular fiscal impact associated with this item for the next 3 to 5 years.
ATTACHMENTS:
· Excerpts of May 6, 2014 report. Full report is available at City Clerk’s office
PACKET PAGE: 139
AGENDA ITEM 5.1
RK engineering
group, inc.
May 6, 2014
Mr. Habib Motlagh
CITY OF SAN JACINTO
170 Wilkerson Avenue, Suite D
San Jacinto, CA 92570-220
engii ering
engineering • parking
Subject: REVISED Ramona Expressway (SR-79) (State Street to Lyon Avenue)
Noise Monitoring Assessment, City of San Jacinto
Dear Mr. Motlagh:
RK ENGINEERING GROUP, INC. (RK) has completed the follow-up noise monitoring
assessment for the Ramona Expressway (SR-79) Expansion project. RK completed the
original noise assessment on March 25, 2009. Since the completion of the noise
assessment, the City has requested that a follow-up study be conducted comparing the
pre-improvement and post-improvement noise level difference as a result of the Ramona
Expressway Expansion project.
The proposed project was assessed with respect to roadway noise propagating from
Ramona Expressway to the adjacent land uses along the improved corridor. Specifically, RK
performed Year 2014 noise measurements at the same previously monitored locations
(2009), and conducted an additional two (2) long-term measurements where noise levels
were of a concern. RK compared the results of the noise measurements to the City's noise
standards defined in the City's General Plan.
The project is expected to meet the noise standards based upon existing conditions and the
improvements to Ramona Expressway. RK ENGINEERING GROUP, INC. is pleased to
provide THE CITY OF SAN JACINTO with this noise monitoring assessment. If you have any
questions regarding this study or need further review, please call us at (949) 474-0809.
Sincerely,
RK ENGINEERING GROUP, INC.
ket- Lit
Mike Dickerson, INCE
Noise/Air Specialist
Attachments
0
T
6/1
{{4 .-\ c‹.
\d
No. 20285 cril
Exp. 09/30/1c DD
CI vI \-;---'e/
oF pkv.\
Robert Kahn, P.E.
Principal
MD:dt/RK10427.doc
IN:0328-2014-01
10 00 . )1,1( ,tiffL 2:30
nt".`, p!): he,I( h. calii -nia 92600
t.1 94 ,1,474.0609 fa n 'L49.-174.0'0
http://www.rkengineer.com PACKET PAGE: 141
AGENDA ITEM 5.1
REVISED RAMONA EXPRESWAY (SR-79)
(STATE ST. TO LYON AVE.)
NOISE MONITORING ASSESSMENT
City of San Jacinto, California
Prepared for:
CITY OF SAN JACINTO
c/o Tri-Lake Consultants
170 Wilkerson Avenue, Suite D
San Jacinto, CA 92570-220
Prepared by:
RK ENGINEERING GROUP, INC.
4000 Westerly Place, Suite 280
Newport Beach, CA 92660
Michael Dickerson
Robert Kahn, P.E.
May 6, 2014
MD:dt..RK10427.doc
JA 1:0328 2014 01 PACKET PAGE: 142
AGENDA ITEM 5.1
Table of Contents
Section Page
1.0 Introduction
1.1 Purpose of Analysis and Study Objectives
1.2 Site Location and Study Area
1-1
1 -1
1 -1
2.0 Fundamentals of Noise 2-1
2.1 Sound, Noise and Acoustics 2-1
2.2 Frequency and Hertz 2-1
2.3 Sound Pressure Levels and Decibels 2-1
2.4 Addition of Decibels 2-1
2.5 Human Responses to Changes in Noise Levels 2-2
2.6 Noise Descriptors 2-2
2.7 Traffic Noise Prediction 2-4
2.8 Sound Propagation 2-4
3.0 Regulatory Setting 3-1
3.1 Federal Regulations 3-1
3.2 State Regulations 3-1
3.2 City of San Jacinto Noise Regulations 3-2
4.0 Study Method and Procedures 4-1
4.1 Measurement Procedures and Criteria 4-1
4.1.1 Noise Measurements 4-2
4.1.2 Noise Measurement Locations 4-2
4.1.3 Noise Measurement Timing and Climate 4-3
5.0 Existing Noise Environment 5-1
5.1 Traffic Data 5-1
5.2 Short-term Noise Measurement Results 5-1
5.3 Long-term Noise Measurement Results 5-2
6.0 Recommendations and Conclusion 6-1
6.1 Recommendations 6-1
6.2 Conclusion 6-2
PACKET PAGE: 143
AGENDA ITEM 5.1
List of Attachments
Exhibits
Location Map A
Noise Monitoring Location Map B
Tables
Roadway Parameters and Vehicle Distribution 1
Short-term Noise Measurement Data (Previous/Current) 2
LT1 (Windsong Lane Cul-de-sac) Noise Levels (dBA) 3
LT2 (Acorn Drive — Heritage Ranch Mobile Home Park) Noise Levels (dBA) 4
Noise Measurements Summary 5
Appendices
City of San Jacinto Noise Element and Noise Ordinance A
Short-Term Photographs and Field Measurement Data B
Long-Term Photographs and Field Measurement Data C
PACKET PAGE: 144
AGENDA ITEM 5.1
1.0 Introduction
1.1 Purpose of Analysis and Study Objectives
The purposes of this acoustical assessment are to investigate, assess, measure, and
compare the Ramona Expressway (SR-79) Pre-Expansion and Post-Expansion roadway noise
levels. RK completed the original noise assessment on March 25, 2009. Since the
completion of the noise assessment, the City of San Jacinto has requested that a follow up
study be conducted comparing the newly constructed (buildout) scenario to the previously
conducted study.
This assessment was conducted and compared to the noise standards set forth by the
State, Local, and Federal agencies. Consistent with the City's Noise Guidelines, a significant
impact related to noise would occur if the current conditions are determined to 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 agencies.
The following is provided in this report:
• A description of the study area
• Information regarding the fundamentals of noise
• A description of the federal, state, and local noise guidelines and standards
• An exterior analysis of traffic noise impacts to the project study area
• A comparison of the current and previous noise monitoring assessments
1.2 Site Location and Study Area
The project site is located along Ramona Expressway between State Street and
Lyon Avenue, in the City of San Jacinto. The general location of the project is shown in the
Location Map, Exhibit A. The Ramona Expressway Expansion project consisted of
improving the roadway segment (State Street to Lyon Avenue) from 4 lanes to 6 lanes by
adding pavement and increasing the near-lane/ far-lane widths to approximately 82 feet.
PACKET PAGE: 145
AGENDA ITEM 5.1
NJ NNV18 1331 A11VNOLLN3INI 1DVd SII-11 PACKET PAGE: 146AGENDA ITEM 5.1
2.0 Fundamentals of Noise
This section of the report provides basic information about noise and presents some of the
terms used within the report.
2.1 Sound, Noise and Acoustics
Sound is a disturbance created by a moving or vibrating source and is capable of being
detected by the hearing organs. Sound may be thought of as mechanical energy of a
moving object transmitted by pressure waves through a medium to a human ear. For
traffic, or stationary noise, the medium of concern is air. Noise is defined as sound that is
loud, unpleasant, unexpected, or unwanted.
2.2 Frequency and Hertz
A continuous sound is described by its frequency (pitch) and its amplitude (loudness).
Frequency relates to the number of pressure oscillations per second. Low-frequency sounds
are low in pitch (bass sounding) and high-frequency sounds are high in pitch (squeak).
These oscillations per second (cycles) are commonly referred to as Hertz (Hz). The human
ear can hear from the bass pitch starting out at 20 Hz all the way to the high pitch of
20,000 Hz.
2.3 Sound Pressure Levels and Decibels
The amplitude of a sound determines it loudness. The loudness of sound increases or
decreases, as the amplitude increases or decreases. Sound pressure amplitude is measured
in units of micro-Newton per square inch meter (N/m2), also called micro-Pascal (pPa).
One pPa is approximately one hundred billionths (0.00000000001) of normal atmospheric
pressure. Sound pressure level (SPL or L P ) is used to describe in logarithmic units the ratio
of actual sound pressures to a reference pressure squared. These units are called decibels
and abbreviated dB.
2.4 Addition of Decibels
Because decibels are on a logarithmic scale, sound pressure levels cannot be added or
subtracted by simple plus or minus addition. When two (2) sounds or equal SPL are
combined, they will produce an SPL 3 dB greater than the original single SPL.
In other words, sound energy must be doubled to produce a 3 dB increase.
If two (2) sounds differ by approximately 10 dB the higher sound level is the predominant
sound.
PACKET PAGE: 147
AGENDA ITEM 5.1
2.5 Human Response to Changes in Noise Levels
In general, the healthy human ear is most sensitive to sounds between 1,000 Hz and
5,000 Hz, (A-weighted scale) and it perceives a sound within that range as being more
intense than a sound with a higher or lower frequency with the same magnitude. For
purposes of this report as well as with most environmental documents, the A-scale
weighting is typically reported in terms of A-weighted decibel (dBA). Typically, the human
ear can barely perceive the change in noise level of 3 dB. A change in 5 dB is readily
perceptible, and a change in 10 dB is perceived as being twice or half as loud. As
previously discussed, a doubling of sound energy results in a 3 dB increase in sound, which
means that a doubling of sound energy (e.g. doubling the volume of traffic on a highway),
would result in a barely perceptible change in sound level.
2.6 Noise Descriptors
Noise in our daily environment fluctuates over time. Some noise levels occur in regular
patterns, others are random. Some noise levels are constant, while others are
sporadic. Noise descriptors were created to describe the different time-varying noise levels.
Following are the most commonly used noise descriptors along with brief definitions.
A -Weighted Sound Level
The sound pressure level in decibels as measured on a sound level meter using the
A-weighted filter network. The A-weighting filter de-emphasizes the very low and very
high frequency components of the sound in a manner similar to the response of the
human ear. A numerical method of rating human judgment of loudness.
Ambient Noise Level
The composite of noise from all sources, near and far. In this context, the ambient noise
level constitutes the normal or existing level of environmental noise at a given location.
Community Noise Equivalent Level (CNEL)
The average equivalent A-weighted sound level during a 24-hour day, obtained after
addition of five (5) decibels to sound levels in the evening from 7:00 to 10:00 PM and
after addition of ten (10) decibels to sound levels in the night before 7:00 AM and after
10:00 PM.
Decibel (dB)
A unit for measuring the amplitude of a sound, equal to 20 times the logarithm to the
base 10 of the ratio of the pressure of the sound measured to the reference pressure,
which is 20 micro-pascals.
PACKET PAGE: 148
AGENDA ITEM 5.1
dB(A)
A -weighted sound level (see definition above).
Equivalent Sound Level (LEQ)
The sound level corresponding to a steady noise level over a given sample period with the
same amount of acoustic energy as the actual time varying noise level. The energy average
noise level during the sample period.
Habitable Room
Any room meeting the requirements of the Uniform Building Code or other applicable
regulations which is intended to be used for sleeping, living, cooking or dining purposes,
excluding such enclosed spaces as closets, pantries, bath or toilet rooms, service rooms,
connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility
rooms, and similar spaces.
L(n)
The A-weighted sound level exceeded during a certain percentage of the sample time. For
example, L10 in the sound level exceeded 10 percent of the sample time. Similarly L50,
L90 and L99, etc.
Noise
Any unwanted sound or sound which is undesirable because it interferes with speech and
hearing, or is intense enough to damage hearing, or is otherwise annoying. The State
Noise Control Act defines noise as "...excessive undesirable sound...".
Outdoor Living Area
Outdoor spaces that are associated with residential land uses typically used for passive
recreational activities or other noise-sensitive uses. Such spaces include patio areas,
barbecue areas, jacuzzi areas, etc. associated with residential uses; outdoor patient
recovery or resting areas associated with hospitals, convalescent hospitals, or rest homes;
outdoor areas associated with places of worship which have a significant role in services or
other noise-sensitive activities; and outdoor school facilities routinely used for educational
purposes which may be adversely impacted by noise. Outdoor areas usually not included
in this definition are: front yard areas, driveways, greenbelts, maintenance areas and
storage areas associated with residential land uses; exterior areas at hospitals that are not
used for patient activities; outdoor areas associated with places of worship and principally
used for short-term social gatherings; and, outdoor areas associated with school facilities
PACKET PAGE: 149
AGENDA ITEM 5.1
that are not typically associated with educational uses prone to adverse noise impacts (for
example, school play yard areas).
Percent Noise Levels
See L(n).
Sound Level (Noise Level)
The weighted sound pressure level obtained by use of a sound level meter having a
standard frequency-filter for attenuating part of the sound spectrum.
Sound Level Meter
An instrument, including a microphone, an amplifier, an output meter, and frequency
weighting networks for the measurement and determination of noise and sound levels.
Single Event Noise Exposure Level (SENEL)
The dBA level which, if it lasted for one (1) second, would produce the same A-weighted
sound energy as the actual event.
2.7 Traffic Noise Prediction
Noise levels associated with traffic depend on a variety of factors: (1) volume of traffic,
(2) speed of traffic, (3) auto, medium truck (2 — 6 wheels) and heavy truck percentage
(3 axle and greater), and sound propagation. The greater the volume of traffic, higher
speeds and truck percentages equate to a louder volume in noise. A doubling of the
Average Daily Traffic (ADT) along a roadway will increase noise levels by approximately
3 dB; reasons for this are discussed in the sections above.
2.8 Sound Propagation
As sound propagates from a source it spreads geometrically. Sound from a small, localized
source (i.e., a point source) radiates uniformly outward as it travels away from the source in
a spherical pattern. The sound level attenuates at a rate of 6 dB per doubling of distance.
The movement of vehicles down a roadway makes the source of the sound appear to
propagate from a line (i.e., line source) rather than a point source. This line source results
in the noise propagating from a roadway in a cylindrical spreading versus a spherical
spreading that results from a point source. The sound level attenuates for a line source at a
rate of 3 dB per doubling of distance.
As noise propagates from the source, it is affected by the ground and atmosphere. Noise
models use hard site (reflective surfaces) and soft site (absorptive surfaces) to help calculate
PACKET PAGE: 150
AGENDA ITEM 5.1
predicted noise levels. Hard site conditions assume no excessive ground absorption
between the noise source and the receiver. Soft site conditions such as grass, soft dirt or
landscaping attenuate noise at an additional rate of 1.5 dB per doubling of distance.
When added to the geometric spreading, the excess ground attenuation results in an
overall noise attenuation of 4.5 dB per doubling of distance for a line source and 6.0 dB
per doubling of distance for a point source.
Research has demonstrated that atmospheric conditions can have a significant effect on
noise levels when noise receivers are located 200 feet from a noise source. Wind,
temperature, air humidity and turbulence can further impact how far sound can travel.
TYPICAL SOUND LEVELS FROM
INDOOR AND OUTDOOR NOISE SOURCES
COMMON OUTDOOR NOISE LEVEL COMMON INDOOR
NOISE LEVELS (dBA) NOISE LEVELS
110 Rock Band
Jet Flyover at 1000 ft.
100 Inside Subway Train (New York)
Gas Lawn Mower at 3 ft.
90
Diesel Truck of 50 ft. Food Blender at 3 ft.
Noise Urban Daytime
80
Garbage Disposal at 3 ft.
Shouting at 3 ft.
Gas Lawn Mower at 100 ft.
70
Vacuum Cleaner at 10 ft.
Commercial Area
Heavy Traffic at 300 ft. Normal Speech at 3 ft.
60
Large Business Office
Dishwasher Next Room
50
Quiet Urban Daytime
Small Theatre. Large Conference
Quiet Urban Nighttime
40 Room (Background)
Quiet Suburban Nighttime
30
Library
Bedroom at Night
Quiet Rural Nighttime Concert Hall (Background)
20
Recording Studio
10
Threshold of Hearing
0
PACKET PAGE: 151
AGENDA ITEM 5.1
rn THIS PAGE INTENTIONALLY LEFT BLANK PACKET PAGE: 152AGENDA ITEM 5.1
3.0 Regulatory Setting
The proposed project is located in the City of San Jacinto and noise regulations are
addressed through the various federal, state, and local government agencies. The agencies
responsible for regulating noise are discussed below.
3.1 Federal Regulations
The adverse impact of noise was officially recognized by the federal government in the
Noise Control Act of 1972, which serves three (3) purposes:
• Publicize noise emission standards for interstate commerce
• Assist state and local abatement efforts
• Promote noise education and research
The Federal Office of Noise Abatement and Control (ONAC) was originally tasked with
implementing the Noise Control Act. However, it was eventually eliminated leaving other
federal agencies and committees to develop noise policies and programs. Some examples
of these agencies are as follows: The Department of Transportation (DOT) assumed a
significant role in noise control through its various agencies; The Federal Aviation Agency
(FAA) is responsible to regulate noise from aircraft and airports; The Federal Highway
Administration (FHWA) is responsible to regulate noise from the interstate highway system;
The Occupational Safety and Health Administration (OSHA) is responsible for the
prohibition of excessive noise exposure to workers.
The Federal government and the State advocate that local jurisdiction use their land use
regulatory authority to arrange new development in such a way that "noise sensitive" uses
are either prohibited from being constructed adjacent to a highway or, or alternatively that
the developments are planned and constructed in such a manner that potential noise
impacts are minimized.
Since the Federal government and the State have preempted the setting of standards for
noise levels that can be emitted by the transportation source, the County is restricted to
regulating the noise generated by the transportation system through nuisance abatement
ordinances and land use planning.
3.2 State Regulations
Established in 1973, the California Department of Health Services Office of Noise Control
(ONC) was instrumental in developing regularity tools to control and abate noise for use by
local agencies. One significant model is the "Land Use Compatibility for Community Noise
Environments Matrix." The matrix allows the local jurisdiction to clearly delineate
compatibility of sensitive uses with various incremental levels of noise.
PACKET PAGE: 153
AGENDA ITEM 5.1
The State of California has established noise insulation standards as outlined in Title 24 and
the Uniform Building Code (UBC) which in some cases requires acoustical analyses to
outline exterior noise levels and to ensure interior noise levels do not exceed the interior
threshold. The State mandates that the legislative body of each county and city adopt a
noise element as part of its comprehensive general plan. The local noise element must
recognize the land use compatibility guidelines published by the State Department of
Health Services. The guidelines rank noise land use compatibility in terms of normally
acceptable, conditionally acceptable, normally unacceptable, and clearly unacceptable.
3.3 City of San Jacinto Noise Regulations
The City of San Jacinto outlines their noise regulations and standards within the Noise
Element from the General Plan (Appendix A). For purposes of this analysis, the City of San
Jacinto's Noise Element, Table N-1 (Page N-7 from the General Plan) is used as the exterior
noise threshold.
Roadway Noise Regulation
According to the City of San Jacinto's General Plan the maximum acceptable exterior level
for exterior noise along roadways is 65 dBA CNEL. Sensitive land uses are permitted in
areas with the ambient noise levels in excess of 65 dBA CNEL if mitigation is provided to
reduce interior noise level to 45 dBA CNEL or less.
PACKET PAGE: 154
AGENDA ITEM 5.1
4.0 Study Method and Procedures
To determine the noise level impact, RK conducted both long-term and short-term noise
measurements at specific receptor locations in 2009 and in 2014 within Ramona
Expressway (State Street to Lyon Avenue) Corridor. RK compared the noise level results to
each other and to the City's Noise Standards.
The following describes the measurement procedures, measurement locations, and noise
modeling procedures and assumptions.
4.1 Measurement Procedures and Criteria
Noise measurements were taken to determine the 2009 and 2014 noise levels. A noise
receiver or receptor is any location in the noise analysis in which noise might produce an
impact. The following criteria are used to select measurement locations and receptors:
• Locations expected to receive the highest noise impacts, such as first row of houses
• Locations that are acoustically representative and equivalent of the area of concern
• Human land usage
• Sites clear of major obstruction and contamination
RK conducted the sound level measurements in accordance to the City's of San Jacinto and
Caltrans technical noise specifications. All measurement equipment meets American
National Standards Institute (ANSI) specifications for sound level meters (S1.4-1983
identified in Chapter 19.68.020.AA). The following gives a brief description of the Caltrans
Technical Noise Supplement procedures for sound level measurements:
• Microphones for sound level meters were placed five (5) feet above the ground for
all measurements
• Sound level meters were calibrated (Larson Davis CAL 200) before and after each
measurement
• Following the calibration of equipment, a wind screen was placed over the
microphone
• Frequency weighting was set on "A" and slow response
• Results of the long-term noise measurements were recorded on field data sheets
• During any short-term noise measurements any noise contaminations such as
barking dogs, local traffic, lawn mowers, or aircraft fly-overs were noted
• Temperature and sky conditions were observed and documented
PACKET PAGE: 155
AGENDA ITEM 5.1
4.1.1 Noise Measurements
Short-term Measurements
Using a Larson Davis 712 Type 2 sound level meter, several short-term (10-minute) noise
measurements were recorded at specific locations in 2009 and then again in 2014. The
Leq, Lmin, Lmax, L2, L8, L25, and L50 statistical data was recorded over 10-minute periods.
The information was utilized to define the noise characteristics for the project. Short-term
noise measurement data and photos are provided in Appendix B.
Long-term Measurements
Long-term noise measurements (24-hour) were conducted at specific locations in April
2014 to verify noise levels within the backyards of residences along Ramona Expressway.
The long-term measurements establish the baseline noise levels within the backyards of
residences along Ramona Expressway in 2014. The Leq, Lmin, Lmax, L2, L8, L25, and L50
were recorded over hourly intervals. Noise measurement data was analyzed to determine
average, peak and minimum noise levels during the measurement time. Long-term noise
measurement data and photos are provided in Appendix C.
4.1.2 Noise Measurement Locations
Short-term Measurements
Short-term noise monitoring locations were selected based on the distance from the
centerline of Ramona Expressway and represent potential noise sensitive areas. Short-term
noise monitoring Location 1 (ST1) is located along Ramona Expressway, approximately 70
feet north of the centerline of Ramona Expressway feet (on City right-of-way). ST2 is
located along Ramona Expressway, approximately 65 feet south of the centerline of
Ramona Expressway feet (on City right-of-way). ST3 is located along Ramona Expressway,
approximately 110 feet south of the centerline of Ramona Expressway feet (along frontage
road, Idyllwild Drive). ST4 is located along Ramona Expressway, approximately 60 feet
north of the centerline of Ramona Expressway feet (on City right-of-way).
An additional two short-term measurements were conducted on the opposite side of
existing screening walls along Ramona Expressway. These measurements were taken to
confirm the 2014 post-expansion noise level results within noise sensitive areas (existing
residences) along Ramona Expressway (from State Street to Lyon Avenue).
ST5 is located along Ramona Expressway, approximately 80 feet south of the centerline of
Ramona Expressway feet (10 feet south of the park fence). ST6 is located along Ramona
Expressway, approximately 85 feet south of the centerline of Ramona Expressway feet,
(cul-de-sac at Windsong Lane), 10 feet south of existing 6 foot screen wall.
PACKET PAGE: 156
AGENDA ITEM 5.1
Exhibit B illustrates the proximity of the short-term noise monitoring locations. Table 2
outlines the short-term noise measurement results at the various locations. Appendix B
includes photos, field sheet, and measured noised data.
Long-term Measurements
Long-term noise monitoring locations were also selected based on the distance from the
centerline of Ramona Expressway, and represent potential noise sensitive areas of concern
(where the exterior noise level was thought to be above 65 dBA CNEL). Long-term noise
monitoring Location 1 (LT1) is located is located along Ramona Expressway, approximately
85 feet south of the centerline of Ramona Expressway feet, (cul-de-sac at Windsong Lane),
10 feet south of existing 6 foot screen wall, and represents the existing noise levels within
backyards for residences located south side of Ramona Expressway. LT2 is located along
Acorn Drive, within the Heritage Ranch Mobile Home Park, and represents the noise levels
at the backyards for the mobile homes that are directly adjacent to Ramona Expressway.
Exhibit B illustrates the proximity of the long-term noise monitoring locations. Table 3 and
4 outlines the long-term noise measurement results at the existing site. Appendix C
includes photos, field sheet, and measured noise data.
4.1.3 Noise Measurement Timing and Climate
Short-term noise measurements were recorded during daytime hours and were recorded
between the hours of 2:00 PM and 4:00 PM, on April 16, 2014. Noise measurements
were conducted during the same approximate time when originally conducted in 2008.
Noise measurements were conducted in 10-minute intervals during the indicated time
schedule.
Long-term noise measurements were recorded over a 24-hour period from on April 16t h ,
2014 from 12:00 AM to 12:00 AM the next day (April 17t h , 2014). Noise measurement
data was conducted in one-hour time intervals.
At the beginning and ending of the monitoring process, the sky was clear, the temperature
was approximately 86 degrees Fahrenheit, and the wind was less than two miles per hour.
PACKET PAGE: 157
AGENDA ITEM 5.1
-/'
-P THIS PAGE INTENTIONALLY LEFT BLANK PACKET PAGE: 158AGENDA ITEM 5.1
5.0 Existing Noise Environment
Ambient noise measurements were conducted at the specific locations along the Ramona
Expressway corridor on April 16, 2014. In addition, traffic counts were taken to monitor
the traffic volumes and vehicle classifications along the roadway segment. Noise
measurement data indicates that traffic noise propagating from Ramona Expressway is the
primary source of noise impacting the local residences.
5.1 Traffic Data
Table 1 shows the results of the traffic count and parameters along Ramona Expressway
segment. The previous 2009 volumes had an ADT of 17,268, while the April 2014
volumes had an ADT of 15,198. In addition, the vehicle classification (auto vs. medium
trucks vs. heavy trucks) was recorded. The number of medium and heavy trucks along
Ramona Expressway has increased from 4.54% and 1.57% respectively, to 9.02% and
2.81%.
5.2 Short-Term Noise Measurement Results
The results of the short-term measurements are presented in Table 2. In addition, Table 2
shows the short-term measurements that were recorded in February 2009. The noise
measurements recorded the sound pressure levels in dBA in 3-second intervals, which have
been used to calculate the minimum, maximum, L2, L8., L25, L50, and Leq averaged over
10-minute intervals for each noise measurement.
Noise monitoring was conducted at six (6) different locations to document existing
ambient noise levels. Two additional short-term measurements were conduct at additional
locations along the Ramona Expressway corridor (when comparing the previous study to
the current study). The previous study did document the existing noise levels within the
backyards for the specified roadway segment. These two additional measurements were
conducted to document noise levels behind the existing screening walls at the property
lines. During the monitoring phase weather conditions were documented. Noise
monitoring data printouts are included in Appendix B.
Noise measurement data indicates that currently the noise levels near the sensitive
receptors experience noise ranging from 52.3 to 68.4 dBA Leq during daytime hours.
Noise levels vary depending on distance from centerline of roadway, time of day, and
traffic speeds, screen walls (heights), and activities. Compared to the previous 2009 noise
assessment, all short-term measurements decreased in noise level, with the exception of
one location, ST2.
ST1, ST3, and ST4 sensitive receptors experienced a reduction of noise levels ranging from
4.7 to -2.2 dBA Leq, depending on the location of the measurement.
PACKET PAGE: 159
AGENDA ITEM 5.1
ST2 experienced an increase of 2.7 dBA, and represents the sensitive receptors located
along the south side of Ramona Expressway (from State Street to Lyon Avenue). Even
through the south side of Ramona Expressway experienced an increase of 2.7 dBA
(along the City's right-of-way), an existing 5 to 6 foot wall separates the City's right-of-way
from the residential units backyards. The increase is considered not significant.
Additional noise measurements were conducted behind the wall to confirm the existing
noise levels along the corridor.
The increase in noise level at ST2 occurred as a result of a very high maximum noise event
(such as a loud car passing by) during the short-term 10 minute measurement. The high
event noise level would affect the Leq during the measurement period. Even though the
2014 Leq measurement was louder than the 2009 Leq level, the L50 level (noise level that
occurs 50% of the time) actually dropped in 2014 when compared to 2009. This means
that one or two loud vehicles that we measured in 2014 could be increasing the short-term
noise level.
The decrease in noise level at the remaining locations can be attributed to the decrease in
traffic along Ramona Expressway.
The two additional noise measurements (ST5 and ST6) were taken along the south side of
Ramona Expressway to further document the traffic noise levels to the residential units
located south of Ramona Expressway. ST6 was performed near long-term monitoring
location 1.
The community equivalent noise level (CNEL) for all short-term measurements was
calculated based on the traffic count data.
5.3 Long-Term Noise Measurement Results
The results of the long-term measurements are presented in Tables 3 and 4. Table 3
indicates the noise level of LT1, located in the cul-de-sac of Windsong Lane (behind the
existing 6 foot wall). The measured CNEL was 56.5 dBA which is below the City's exterior
65 dBA CNEL standard.
Table 4 indicates the noise level of LT2, located along Acorn Drive, which represents the
1" row residential units that are directly adjacent to Ramona Expressway (within Heritage
Ranch Mobile Home Park). The measured CNEL was 61.1 dBA. The noise level is below the
City's 65 dBA CNEL exterior noise standard.
PACKET PAGE: 160
AGENDA ITEM 5.1
6.0 Recommendations and Conclusion
RK has completed the noise monitoring assessment for the Ramona Expressway
Improvement project, located in the City of San Jacinto. The proposed project was
assessed with respect to roadway noise propagating from Ramona Expressway to the
adjacent land uses along the improved corridor (State Street to Lyon Avenue). Specifically,
RK performed Year 2014 noise measurements at the same previously monitored locations
(2009), and conducted an additional two (2) short-term and long-term measurements
where noise levels were of a concern. RK compared the results of the noise measurements
to the City's noise standards defined in the City's General Plan. Table 5 provides a
comparative summary of noise measurements from 2009 and 2014.
The CNEL was calculated for monitoring locations. The CNEL for ST1 through ST4 is above
the City's 65 dBA CNEL standard; however, the monitoring locations were conducted
within the City's right-of-way along Ramona Expressway. These locations are not
considered outdoor living areas. Therefore, additional measurements (ST5 — ST6, and LT1 —
LT2) were conducted behind the existing screening walls (property line walls) to document
the traffic noise levels near/within the backyards of the residential units where backyards
are directly adjacent to Ramona Expressway. When comparing the noise level results for
ST5. ST6, LT1 and LT2 to the City's 65 dBA CNEL standard, the levels are below the City's
65 dBA CNEL standard. Therefore the impact is less than significant.
As previously stated, the long-term measurements were conducted over a 24-hour period
where as the short-term measurements were done for a short ten-minute period during
one hour. Using the short-term measurements and the hourly traffic counts, RK was able
to calculate the estimated CNEL at the measurement locations. Table 6 shows a
comparison between the short-term and long-term measurements (at or near S6/L1 and
S4/L2) along Ramona Expressway. It should be noted that both long-term measurements
within the residential areas (behind existing walls) were currently less than the City's noise
level standard of 65 dBA CNEL.
6.1 Recommendations
The noise level results indicated that the 2014 noise level measurements are below the
City's 65 dBA CNEL standard, based on the 2014 noise level measurements within the
residential areas, However, RK recommends the following as traffic volumes increase along
Ramona Expressway:
• Conduct follow-up noise readings at noise sensitive locations to determine
compliance to the City's exterior 65 dBA CNEL standard. In the event the noise
levels exceed the 65 dBA CNEL standard, a soundwall feasibility study should be
conducted to determine the feasibility and appropriate wall heights to ensure
PACKET PAGE: 161
AGENDA ITEM 5.1
noise levels remain below the City's 65 dBA CNEL standard. Soundwall study
should detail the required wall heights (e.g., 7 foot tall) at the specified
segment, to ensure the noise levels remain below the standard.
6.2 Conclusions
The following conclusions for the noise monitoring assessment are listed below:
• Compared to the previous 2009 noise assessment, all short-term measurements
decreased in noise level, with the exception of one location, ST2. ST1, ST3, and ST4
sensitive receptors experienced a reduction of noise levels ranging from 3.0 to 5.1
dBA Leq, depending on the location of the measurement. ST2 (south side of
Ramona Expressway) experienced an increase of 2.3 dBA Leq.
• The increase in noise level at ST2 occurred as a result of a very high maximum noise
event (such as a loud car passing by) during the short-term 10 minute
measurement. The high event noise level would affect the Leq during the
measurement period. Even though the 2014 Leq measurement was louder than the
2009 Leq level, the L50 level (noise level that occurs 50% of the time) actually
dropped in 2014 when compared to 2009. This means that one or two loud
vehicles that we measured in 2014 could be increasing the short-term noise level.
• The decrease in noise level at the remaining locations can be attributed to the
decrease in traffic along Ramona Expressway.
• Two additional short-term measurements where conducted along south side of
Ramona Expressway (ST5 and ST6). Measurements were conducted behind existing
property line wall (separating City right-of-way from backyards).
• All long-term noise monitoring locations were below the City's exterior 65 dBA
CNEL noise standard. Therefore the impact is less than significant.
• As traffic volumes increase along Ramona Expressway follow-up noise readings at
noise sensitive locations should be conducted to determine compliance to the City's
exterior 65 dBA CNEL standard. In the event the noise levels exceed the 65 dBA
CNEL standard, a soundwall feasibility study should be conducted to determine the
feasibility and appropriate wall heights to ensure noise levels remain below the
City's 65 dBA CNEL standard. Soundwall study should detail the required wall
heights (e.g., 7 foot tall) at the specified segment, to ensure the noise levels remain
below the standard.
PACKET PAGE: 162
AGENDA ITEM 5.1
TABLE 2
Previous (2/18/2009) Short-term Noise Monitoring Levels (dBA)1
Date'
Site
No.
Time
Started Leq L max Lmin 12 18 125 L50
Estimated
CNEL Comments
2/18/2009 1 3:13 PM 73.5 86.0 43.8 80.5 77.0 74.0 69.3 76.1
Ambient noise from city
traffic along Ramona Expy.
30' from C/L.
2/18/2009 2 3:00 PM 66.0 77.8 45.4 73.9 71.5 69.5 66.9 68.6
Ambient noise from city
traffic along Ramona Expy.
95' from C/L.
2/18/2009 3 3:35 PM 63.7 76.8 51.1 71.6 69.0 66.3 63.9 66.3
Ambient noise from city
traffic along Ramona Expy.
135' from C/L.
2/18/2009 4 2:32 PM 69.4 83.6 44.4 78.7 75.0 71.8 67.0 72.4
Ambient noise from city
traffic along Ramona Expy.
52' from C/L.
Current (4/16/2014) Short-term Noise Monitoring Levels (dBA)
Date'
Site
No.
Time
Started Leq Lmax Lmin L2 L8 L25 L50
Estimated
CNEL3 Comments
4/16/2014 1 3:15 PM 2 68.4 84.2 40.3 76.5 72.9 68.7 63.9 71.4
Ambient noise from city
traffic along Ramona Expy.
70' from C/L.
4/16/2014 2 3:30 PM 2 68.3 83.9 40.9 76.2 72.2 68.1 64.4 71.3
Ambient noise from city
traffic along Ramona Expy.
65' from C/L.
4/16/2014 3 3:00 PM 2 60.7 82.2 40.3 69.1 63.4 59.9 55.1 63.7
Ambient noise from city
traffic along Ramona Expy.
110' from C/L.
4/16/2014 4 2:45 PM 2 66.4 81.5 43.4 75.5 71.1 662.2 60.2 70.2
Ambient noise from city
traffic along Ramona Expy.
120' from C/L.
4/16/2014 5 2:00 PM 2 60.8 76.3 36.1 70.4 64.6 59.7 54.7 64.6
Ambient noise from city
traffic along Ramona Expy.
85' from C/L.
4/16/2014 6 3:20 PM 2 52.3 71.6 38.4 59.5 56.1 52.4 49.2 55.3
Ambient noise from city
traffic along Ramona Expy.
85' from C/L.
1 Noise measurement data was taken on-site and complied from previous acoustical studies completed by
RK Engineering Group (Ramona Expressway Expansion Project Acoustical Study)
2 Noise measurements were taken for approximately 10 minutes at the site.
3 CNEL was estimated based upon the collect 24 hr. traffic volumes and vehicle distribution.
isfrktablesIRK10427TB.xls
1N:0328-2014-01
PACKET PAGE: 163
AGENDA ITEM 5.1
TABLE 3
LT1 (Windsong Lane Cul-de-sac) Noise Levels (dBA)
Time'
Date
(Feb 2008)
Date
(4/16/14) Change in Noise Level
Leq(h)2 Leq(h)
12:00AM N/A 44.1 N/A
1:00AM N/A 42.1 N/A
2:00AM N/A 41.3 N/A
3:00AM N/A 43.5 N/A
4:00AM N/A 47.6 N/A
5:00AM N/A 49.1 N/A
6:00AM N/A .51.3 N/A
7:00AM N/A 51.3 N/A
8:00AM N/A 58.2 N/A
9:00AM N/A 51.0 N/A
10:00AM N/A 60.0 N/A
11:00AM N/A 52.4 N/A
12:00PM N/A 49.1 N/A
1:00PM N/A 52.9 N/A
2:00PM N/A 50.3 N/A
3:00PM N/A 51.9 N/A
4:00PM N/A 52.2 N/A
5:00PM N/A 51.6 N/A
6:00PM N/A 60.0 N/A
7:00PM N/A 55.2 N/A
8:00PM N/A 48.5 N/A
9:00PM N/A 47.7 N/A
10:00PM N/A 50.2 N/A
11:00PM N/A 49.1 N/A
CNEL N/A 56.5 N/A
1 Shaded grey area indicates evening and nighttime hours.
2 Long-term measurement was not performed during the previous Ramona Expressway Noise Study for the Improvement
project
jirktablesIRK104271B.xls
1N:0328-2014-01
PACKET PAGE: 164
AGENDA ITEM 5.1
TABLE 4
LT2 (Acorn Drive - Heritage Ranch Mobile Home Park) Noise Levels (dBA)
Time'
Date
(Feb 2008)
Date
(4/16/14) Change in Noise Level
Leq(h)2 Leq(h)
12:00AM N/A 46.9 N/A
1:00AM N/A 45.7 N/A
2:00AM N/A 44.5 N/A
3:00AM N/A 49.2 N/A
4:00AM N/A 53.8 N/A
5:00AM N/A 55.4 N/A uom NAA.,.., 51;3. N/A
7:00AM N/A 55.9 N/A
8:00AM N/A 57.7 N/A
9:00AM N/A 59.7 N/A
10:00AM N/A 58.9 N/A
11:00AM N/A 57.4 N/A
12:00PM N/A 57.9 N/A
1:00PM N/A 60.2 N/A
2:00PM N/A 58.5 N/A
3:00PM N/A 59.5 N/A
4:00PM N/A 59.3 N/A
5:00PM N/A 59.6 N/A
6:00PM N/A 57.5 N/A
7:00PM N/A 55.5 N/A
8:00PM N/A 54.9 N/A
9:00PM N/A 54.4 N/A
10:00PM N/A 52.7 N/A
11:00PM N/A 53.7 N/A
CNEL N/A 61.1 N/A
2 Shaded grey area indicates evening and nighttime hours.
2 Long-term measurement was not performed during the previous Ramona Expressway Noise Study for the Improvement
project
j:/rktables/RK10427TB.xls
JAI:0328-2014-01
PACKET PAGE: 165
AGENDA ITEM 5.1
TABLE 5
Noise Measurements Summary'
Noise
Monitoring
Location 2
Description of Monitoring Location
Previous CNEL
or
Estimated CNEL
Current CNEL or
Estimated CNEL
Change in
Noise Level
ST -1 Meter was placed approximately 70' north of Ramona
Expressway C/L and 10' south of exsiting wall. 76.1 71.4 -4.7
2.7 ST-2 Meter was placed approximately 65' south of Ramona
Expressway C/L and 10' north of exsiting wall. 68.6 71.3
ST-3 Meter was placed approximately 60' south of Ramona
Expressway C/L and 10' north of exsiting wall. 66.3 63.7 -2.6
ST-4 Meter was placed approximately 60' north of Ramona
Expressway C/L and 10' south of exsiting wall. 72.4 70.2 -2.2
ST-5
Meter was placed approximately 85' south of Ramona
Expressway C/L and 10' south of exsiting fence. Meter
was placed within the park field.
64.6 N/A
N/A ST-6
Meter was placed approximately 85' south of Ramona
Expressway C/L and 10' south of exsiting wall. Located
behind wall at the end of the Windsong cul de sac.
55.3
LT-1
Windsong Lane (cul-de-sac) behind existing 6ft wall,
Ramona Expressway is located on north side of wall.
Meter was located near same location as ST-6.
56.5 N/A
LT-2 Acorn Drive - Adjacent to Ramona Expressway (within
Heritage Ranch Mobile Home Park Community)
61.1 N/A
Noise measurement data was taken on-site and complied from previous acoustical studies completed by
RK Engineering Group (Ramona Expressway Expansion Project Acoustical Study)
2 Refer to Appendix B and C for field data
irktables/RK10427TB.xls
IN:0328-2014-01
PACKET PAGE: 166
AGENDA ITEM 5.1
TABLE 6
Comparison of Long-Term vs. Short-Term Measurements
Location Duration CNEL (d BA)
Le o
3pm
(dBA)
Comments
Ll Long-Term 56.5 51.9 Within the residential development on the south
side of the roadway
S6 Short-Term 55.3 52.3 Within the residential development on the south
side of the roadway
L2
S4
Long-Term 61.1 59.5 Within the residential development on the north
side of the roadway
Short-Term 70.2 1 (64.2) 66.4 1 (60.4)
Outside the residential development on the
roadway side of the wall near L2
1 S4 was located on the roadway side of the wall, whereas L2 was located on the mobile home park of the wall. The number in parenthis is
the estimated number taking into account noise reduction of the wall.
jirktables/RK10427TB.xls
IN:0328-2014-01
PACKET PAGE: 167
AGENDA ITEM 5.1
May 20, 2014
TO: The Honorable Mayor and Members of the City Council
FROM: Habib Motlagh, City Engineer
SUBJECT: Updated Speed Survey
RECOMMENDATION:
Staff recommends that the City Council, by motion, adopt the updated speed survey,
dated May 7, 2014, for fifteen (15) roadway segments within the City of San Jacinto
prepared by RK Engineering and direct Public Works Department to implement the
speed signs.
DISCUSSION:
State law requires the update of speed surveys in order for the Police Department to
enforce the posted speed limits. At the request of the Police Department, RK
Engineering prepared the updated speed survey to include 15 segments at various
locations. The Exhibit “B” (attached) of this report identifies the existing and the
proposed limits. Also, attached are pages 1-1 to 5-5 of the speed survey discussing
various issues reviewed and analyzed as part of said report.
ALTERNATIVES:
Approval: Approve the study prepared by RK Engineering and direct staff to post new
speed limits.
Denial: Do not approve the study, and provide staff direction as appropriate.
FISCAL IMPACT:
There is no particular fiscal impact associated with this item. The change in speed limit
will be implemented by the Public Works Department, as part of their routine
maintenance activities.
ATTACHMENTS:
Summary Report by RK Engineering, dated May 7, 2014. Full Report is available at
City Clerk’s office.
PACKET PAGE: 169
AGENDA ITEM 5.2
PACKET PAGE: 171AGENDA ITEM 5.2
PACKET PAGE: 172AGENDA ITEM 5.2
PACKET PAGE: 173AGENDA ITEM 5.2
PACKET PAGE: 174AGENDA ITEM 5.2
PACKET PAGE: 175AGENDA ITEM 5.2
PACKET PAGE: 176AGENDA ITEM 5.2
PACKET PAGE: 177AGENDA ITEM 5.2
PACKET PAGE: 178AGENDA ITEM 5.2
PACKET PAGE: 179AGENDA ITEM 5.2
PACKET PAGE: 180AGENDA ITEM 5.2
PACKET PAGE: 181AGENDA ITEM 5.2
PACKET PAGE: 182AGENDA ITEM 5.2
PACKET PAGE: 183AGENDA ITEM 5.2
PACKET PAGE: 184AGENDA ITEM 5.2
PACKET PAGE: 185AGENDA ITEM 5.2
PACKET PAGE: 186AGENDA ITEM 5.2
PACKET PAGE: 187
AGENDA ITEM 5.2