Loading...
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