A RESOLUTION OF THE SALTON COMMUNITY SERVICES DISTRICT ESTABLISHING RULES OF PROCEDURE FOR THE ARCHITECTURAL COMMITTEE AND RELATED ACTIVITIES

WHEREAS, the Salton Community Services District Board of Directors recognizes that it is in the best interest of the Community to efficiently and fairly conduct Architectural Committee Meetings; and

WHEREAS, the State Legislature of California and the electorate of the District has empowered the District with specific duties and responsibilities regarding enforcing tract covenants, conditions, and restrictions (CC&R’s) as well as architectural control consistent with a tracts specific CC&R’s; and

WHEREAS, the Brown Act also sets parameters concerning the activities of such a committee as the architectural committee; and

NOW, THEREFORE, BE IT RESOLVED that the Salton Community Services District Board of Directors does now and hereby establish the following policies and operating procedures for CC&R enforcement and the architectural approval process of developments within the boundaries of the district.

FURTHER, that the following is the architectural committees procedure for determining if a proposed real estate development project conforms to the CC&R’s of its’ particular tract :

1. At a duly noticed and held meeting of the architectural committee said committee shall review all of the real estate development projects on the agenda on an individual basis to verify compliance with the specific CC&R’s of the tract in which a project is to be built.
2. No plan review determination shall take longer than 12 business days from the time an architectural plan approval is properly submitted to the district office.
3. A majority vote is necessary to approve a specific project. To complete the approval process the plan will require one director signature per 85-4.

FURTHER, That the architectural committee shall meet on a regular biweekly schedule or/and as frequently as needed.

FURTHER, That the committee shall consist of 5 seats that shall be filled by appointment. Each Director shall appoint one member to one seat. The term of an architectural committee seat is defined as a two-year period. The two year period is defined as: beginning on the first Friday in December following the general election and expires 24 months later.

FURTHER, that if a committee seat becomes vacant through death, resignation, or otherwise before the expiration of that seats’ two year appointment term than the Director that appointed that seat shall appoint another person to fulfill the remainder of that term, but if the director that originally made that seats appointment is no longer in office than that seat shall be filled by consensus of the Board of Directors to fulfill the term of that seat.

FURTHER, That potential committee members should be willing to participate in biweekly meetings for a two year period and demonstrate the ability and willingness to learn to read plans for setbacks, elevations, easements, etc.., and must be citizens at large residing within district boundaries

FURTHERMORE, that citizen complaint about possible CC&R violations will be handled in the following manner:

1. All complaints about possible CC&R violations must be initiated by a member of the public by filling out a complaint form at the district office. Architectural Committee Members and the Investigator are strictly forbidden from initiating, facilitating, or supplementing any complaints.
   All citizen complaints must be in writing on the districts’ official CC&R complaint form and signed by the complainant. Under no circumstances shall a committee member approach or survey the location or the principals involved therein of the alleged violation for the purpose of gathering information or forming an opinion of the situation.
2. After the district has received a duly executed complaint form, the district shall summons the Investigator to document the alleged infraction.
   The method in which an Investigator documents possible violations is determined by the investigator’s job description.
3. After the Investigator has completed the documentation process the district shall deliver the entire file to the Recording Secretary of the Architectural Committee who shall place the matter on the agenda of the next committee meeting.
4. If the committee deems, via resolution or motion, that more documentation is required, then they shall request, via aforementioned action that the district re-dispatch the Investigator to investigate the original complaint.
5. If, after all procedures have been properly followed and the Architectural Committee believes that a CC&R violation exists, then by motion shall issue first, and second if necessary, demand letters to the owner of record.
6. If after the committee carries out these specific instructions, the alleged violator fails to acknowledge, in writing, that the alleged violation no longer exists then the committee may request, via resolution or motion that the district once again dispatch the Investigator to document the scene. After re-documentation, the committee shall determine by resolution or motion if the alleged violation still exists and if the committee determines that it does, they shall make, via resolution or motion, a recommendation to the Board of Directors.
7. If the alleged violator does respond in writing that the situation has been remedied then the district shall dispatch the investigator to document the compliance.
8. After the committee is satisfied that the situation has been remedied then it shall deliver, by certified mail, a letter to the alleged violator informing them that the Architectural Committee is appreciative of their cooperation in resolving the matter and that the matter has been totally resolved.

This resolution is adopted this day ____________________

By the Board of Directors of the Salton Community Services District

_____________________________ ___________________________

Rosa Reagles, Secretary, of the Dr. Stanley Rouhe, President

Board of Directors of the Salton Community Services District