HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 5/17/2022
AGENDA
SAN JACINTO CITY COUNCIL AND SUCCESSOR AGENCY TO THE SAN JACINTO
REDEVELOPMENT AGENCY – REGULAR MEETING
TUESDAY, MAY 17, 2022
5:30 PM CLOSED SESSION
6:30 PM OPEN SESSION
LIVE STREAM LINK: www.sanjacintoca.gov
COMMUNITY CENTER
625 S. Pico Avenue
San Jacinto, CA 92583
951-487-4339
City of San Jacinto Page 1 Updated 5/12/2022 4:19 PM
CRYSTAL RUIZ, MAYOR
PHIL AYALA, MAYOR PRO TEM
ALONSO LEDEZMA, COUNCILMEMBER
BRIAN HAWKINS, COUNCILMEMBER
MICHAEL HEATH, COUNCILMEMBER
This City Council meeting is being conducted in person and will be broadcast utilizing
Livestream video. The City Council meeting may be observed virtually by joining the link on the
City's website.
Public Comments will only be accepted in person during the meeting or in writing to the
City Clerk. Participants viewing the Livestream will not have a comment option.
For those wishing to email public comments for the May 17, 2022, City Council meeting, please
submit your comments to be read aloud at the meeting by the City Clerk. Email comments to
Julia Espinoza at jespinoza@sanjacintoca.gov. Please put "PUBLIC COMMENT" in the email
subject line. Email comments on matters not on the agenda must be received before the time the
Mayor calls the item for Public Comments. Email comments on the agenda items must be
received before the time the Mayor closes public comments on the agenda item. All email
comments shall be subject to the same rules as would otherwise govern speaker comments at the
Council meeting. Electronic comments on agenda items for May 17, 2022, may only be
submitted via email. Comments via text and social media (Facebook, Twitter, etc.) will not be
accepted.
Reading of Public Comments: The City Clerk will read all email comments, provided that the
reading shall not exceed three (3) minutes, or such other time as the Council may provide,
consistent with the time limit for speakers at a Council meeting. The email comments submitted
shall become part of the record of the Council meeting.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office
of the City Clerk at 951-487-7339. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure
accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II].
City of San Jacinto Page 2 Updated 5/12/2022 4:19 PM
1. ORGANIZATION
1.1. Public Comments on Closed Session Items
1.2. Closed Session
1.2.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code, § 54956.8)
Property: 434-292-017 and 434-292-018
City Negotiators: Rob Johnson, City Manager; Stuart McKibbin, City Engineer;
Michael Maurer, City Attorney
Negotiating Party: Frederic Monk, Marcus Monk, Kathleen Monk, and Perry De
Angelo
Under negotiation: Price and Terms of Payment
1.2.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code, § 54956.8)
Property: 434-292-019
City Negotiators: Rob Johnson, City Manager; Stuart McKibbin, City Engineer;
Michael Maurer, City Attorney
Negotiating Party: Jose Gonzalez
Under negotiation: Price and Terms of Payment
1.2.3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code, § 54956.8)
Property: 434-292-019
City Negotiators: Rob Johnson, City Manager; Stuart McKibbin, City Engineer;
Michael Maurer, City Attorney
Negotiating Party: Jose Gonzalez
Under negotiation: Price and Terms of Payment
1.2.4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code, § 54956.8)
Property: 434-292-021
City Negotiators: Rob Johnson, City Manager; Stuart McKibbin, City Engineer;
Michael Maurer, City Attorney
Negotiating Party: Mary Ellen Delgadillo
Under negotiation: Price and Terms of Payment
1.2.5. CONFERENCE WITH LEGAL COUNSEL
Existing Litigation (Gov. Code § 54956.9(d)(1))
City of San Jacinto, et al. v. The Jennie San Jacinto Properties Family Limited
Partnership, et al.; Riverside County Superior Court case number CVRI2201382
City of San Jacinto Page 3 Updated 5/12/2022 4:19 PM
1.3. Closed Session Report
1.4. Roll Call
1.5. Invocation
1.6. Pledge of Allegiance
1.7. Mayor / Council Member Reports / Discussions
1.8. Late Items
2. PUBLIC COMMENTS
3. JOINT CONSENT CALENDARS
3.A. Consent Calendar - City Council
3.A.1. Waiver of Full Reading of Ordinance(s), and Reading by Title Only
3.A.2. Minutes of the Regular City Council Meeting of May 3, 2022
RECOMMENDATION:
Staff recommends that City Council approve the minutes of the May 3, 2022,
Regular City Council Meeting.
Department: City Clerk
3.A.3. Warrants and Disbursements - April 2022
RECOMMENDATION:
Staff recommends that the City Council review and approve Warrants and
Disbursements for the period of April 2022 in the amount of $ 6,094,580.88.
Department: Finance
3.A.4. Report - Use of ARPA Funds
RECOMMENDATION:
Staff recommends that the City Council receive and file the report of the
ARPA funds.
Department: Finance
3.A.5. Resolution of Intention to Annex Territory into Community Facilities District No.
2003-1 and to Authorize the Levy of Special Taxes Therein
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution of Intention to
Annex Territory, commonly known as the site of Tommy's Car Wash and The
Habit Burger, into Community Facilities District No. 2003-1 and Authorize
the Levy of Special Taxes therein.
Department: Finance
City of San Jacinto Page 4 Updated 5/12/2022 4:19 PM
3.A.6. Resolution of Intention to Annex Territory into Community Facilities District No.
2020-1 and to Authorize the Levy of Special Taxes Therein
RECOMMENDATION
Staff recommends that the City Council adopt the Resolution of Intention to
Annex Territory, commonly known as the site of Tommy's Car Wash and The
Habit Burger, into Community Facilities District No. 2020-1 and Authorize
the Levy of Special Taxes therein.
Department: Finance
3.A.7. Approve California Choice Energy Authority Entering into a Long-Term
Resource Adequacy Agreement with Santa Paula Energy Storage, LLC on behalf
of San Jacinto Power
RECOMMENDATION:
That the City Council approve California Choice Energy Authority entering
into a long-term resource adequacy agreement with Santa Paula Energy
Storage, LLC on behalf of San Jacinto Power.
Department: Finance
3.A.8. Subdivision Agreement for Public Improvement and Security for Latham
Management and Consulting Services, Inc. Tract 37099
RECOMMENDATION:
Staff recommends that the City Council approve the Subdivision
Improvement Agreement for Latham Management and Consulting Services,
Inc. ("Developer") specific to Parcel/Tract 37099, in substantially the form set
forth in the accompanying agreements, and authorize the City Manager to
execute any other documents necessary to implement said agreements.
Department: Engineering
3.A.9. Memorandum of Understanding Drainage Improvements Tract 30084
RECOMMENDATION:
Staff recommends that the City Council approve the Memorandum of
Understanding with KB Home Coastal, Inc. and authorize the City Manager to
execute the Memorandum of Understanding (MOU).
Department: Engineering
3.A.10. Parcel Map 37099, Latham Management and Consulting Services, Inc.
RECOMMENDATION:
Staff recommends that the City Council approve Parcel Map 37099 for 4664,
for Latham Management and Consulting Services, Inc.
Department: Engineering
3.A.11. Esplanade Widening (CIP # 06-145) & San Jacinto Valley Raw Water
Conveyance Facilities Phase 1
RECOMMENDATION:
City of San Jacinto Page 5 Updated 5/12/2022 4:19 PM
Staff recommends that the City Council authorize City Attorney to amend the
Interagency Agreement with Eastern Municipal Water District (EMWD)
associated with the EMWD Raw Water Conveyance, to obtain $71,000
reimbursement for City environmental costs, and to obtain defense, hold
harmless and indemnify for any costs arising from EMWD's work, and
authorize the City Manager to execute the Amendment in a form as approved
by the City Attorney.
Department: Engineering
3.A.12. Approval of License Agreement on Tribal Trust Land for Traffic Light
Maintenance
RECOMMENDATION:
Staff recommends that the City Council approve the License Agreement with
the Soboba Band of Luiseno Indians.
Department: City Attorney
3.B. Consent Calendar - Successor Agency to the Redevelopment Agency of the City of
San Jacinto
4. DISCUSSION ITEMS
4.1. Adoption of Resolution No. 3915 -Adoption of Resolution of Necessity for the
Acquisition of A Permanent Roadway Easement Interest in a portion of that Certain
Real Property, by Eminent Domain, Located at the Southwest Corner of North
Vernon Avenue and Artesia Street, San Jacinto, California, More Particularly
Described as Assessor Parcel No. 434-292-017, In Riverside County, California, for
the Vernon Street Widening Project, in Riverside County, California
RECOMMENDATION:
Staff recommends that the City Council:
1) CONDUCT a hearing to consider the adoption of a resolution of necessity,
including providing all parties interested in the affected property and their
attorneys, or their representatives, an opportunity to be heard on the issues
relevant to the resolutions of necessity;
2) MAKE the following findings as hereinafter described in this report:
a) The public interest and necessity require the proposed project;
b) The project is planned or located in a manner that will be most compatible with
the greatest public good and the least private injury;
c) The real property to be acquired is necessary for the project;
d) The offer of just compensation has been made to the owner; and
3) ADOPT Resolution No. 3915 entitled:
RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A
PERMANENT ROADWAY EASEMENT IN A PORTION OF
CERTAIN REAL PROPERTY, BY EMINENT DOMAIN,
City of San Jacinto Page 6 Updated 5/12/2022 4:19 PM
LOCATED AT THE SOUTHWEST CORNER OF NORTH
VERNON AVENUE AND ARTESIA STREET, SAN JACINTO,
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
ASSESSOR PARCEL NO. 434-292-017, IN RIVERSIDE COUNTY,
CALIFORNIA, FOR THE FUTURE FULL-WIDTH WIDENING OF
VERNON AVENUE, IN RIVERSIDE COUNTY, CALIFORNIA
Department: City Attorney
4.2. Sister City Program
RECOMMENDATION:
Staff recommends that the City Council consider a request by Councilman
Ledezma to establish a sister city program with Cuquio, Jalisco, Mexico.
Department: Special Projects
4.3. FY 2022-23 Draft Budget Presentation
RECOMMENDATION:
Staff recommends that the City Council receive and file the budget presentation
for fiscal year 2022-23.
Department: Finance
5. CITY MANAGER UPDATE
6. FUTURE REQUESTS FROM CITY COUNCIL TO STAFF
7. ADJOURNMENT
DOCUMENTS RELATED TO OPEN SESSION AGENDAS (SB343) - 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.
I, Julia Espinoza, City Clerk of the City of San Jacinto, do hereby certify that I caused to be pos ted the
foregoing agenda this 12th day of May 2022 as requested by law.
Julia Espinoza, City Clerk
May 17, 2022
TO: City Council
REQUESTED BY: Julia Espinoza, Deputy City Clerk
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Minutes of the Regular City Council Meeting of May 3, 2022
RECOMMENDATION:
Staff recommends that City Council approve the minutes of the May 3, 2022, Regular City
Council Meeting.
ATTACHMENTS:
May 3, 2022 Regular Meeting Minutes
3.A.2
Packet Pg. 7
ACTION MINUTES
CITY COUNCIL – REGULAR MEETING
TUESDAY, MAY 3, 2022
6:30 PM OPEN SESSION
LIVE STREAM LINK: www.sanjacintoca.gov
COMMUNITY CENTER
625 S. PICO AVENUE
SAN JACINTO, CA 92583
951-487-7330
1. ORGANIZATION
Mayor Crystal Ruiz called the meeting to order at 6:30 pm.
1.1 Roll Call
Community Development Clerk Lori Matley conducted the roll call:
Present in person: Mayor Crystal Ruiz, Councilmember Brian Hawkins,
Councilmember Alonso Ledezma, and Councilmember Michael Heath
Teleconferenced in: Mayor Pro Tem Phil Ayala
1.2 Invocation
Pastor Tom Clayton gave the invocation.
1.3 Pledge of Allegiance
Councilmember Ledezma led the Pledge of Allegiance.
1.4 Special Presentation(s)
1.4.1. Birth Choice Month Proclamation
1.5 Mayor/Council Member Reports
Councilmembers provided their reports.
1.6 Late Items
There was one late item.
CRYSTAL RUIZ, MAYOR
PHIL AYALA, MAYOR PRO TEM
ALONSO LEDEZMA, COUNCILMEMBER
BRIAN HAWKINS, COUNCILMEMBER
MICHAEL HEATH, COUNCILMEMBER
3.A.2.a
Packet Pg. 8 Attachment: May 3, 2022 Regular Meeting Minutes (Minutes of the Regular City Council Meeting of May 3, 2022)
Late Item to Approve Acquisition of a Portion of Parcel 432-280-030 for Relocation of SCE
Utility Pole for Esplanade Widening Project
M/S/C (Ruiz/Ledezma) moved to approve a late item to be added onto the
consent calendar as item 3.A.8. Motion carried 5/0.
Ayes: Ayala, Ledezma, Heath, Ruiz, Hawkins
Nays: None
Absent: None
Abstain: None
2. PUBLIC COMMENTS
There were two public comments:
Chris Whitaker
Tamera Hanlon
3. CONSENT CALENDAR
3. A. Consent Calendar – City Council
3.A.1. Waiver of Full Reading of Ordinance(s) and Reading b y Title Onl y
3.A.2. Minutes of the Regular City Council Meeting of April 19, 2022/City
Clerk/Approved
3.A.3. Treasurer’s Report on March 31, 2022/Finance/Approved
3.A.4. Ordinance 22-05 Extending the Existing Franchise Granted to Southern
California Edison Company (“SCE”) to Transmit Electricity in the City and
Determining the Ordinances Exempt from the California Environmental
Quality Act/City Attorney/Approved
3.A.5. Subdivision Agreement for Public Improvements and Security for DR
Horton Tract 30379/Engineering/Approved
3.A.6. Subdivision Agreement for Public Improvements and Security for DR
Horton Tract 32582/Engineering/Approved
3.A.7. SB-1 Resolution No. 3912, Adopting Fiscal Year 2022/23 Road
Maintenance and Rehabilitation Account (RMRA
Projects)/Engineering/Approved
3.A.8. Approve Acquisition of a Portion of Parcel 432-280-030 for Relocation of
SCE Utility Pole for Esplanade Widening Project/Engineering/Approved
3.A.2.a
Packet Pg. 9 Attachment: May 3, 2022 Regular Meeting Minutes (Minutes of the Regular City Council Meeting of May 3, 2022)
M/S/C (Ledezma/Heath) moved to approve the Consent Calendar. Motion
carried 5/0.
Ayes: Heath, Hawkins, Ledezma, Ruiz, Ayala
Nays: None
Absent: None
Abstain: None
4. DISCUSSION ITEMS
4.1 Annual Financial Report, SAS 114 Report, and GAS report for the Fiscal Year
ended June 30, 2021
Deputy City Manager Thomas Prill and Terry Shea from Rogers, Anderson,
Malody, & Scott, LLP (RAMS) presented the staff report.
City Council received and filed the Annual Financial Report of the City of San
Jacinto for the fiscal year ended on June 30, 2021, and the “SAS 114” report
and the “GAS” report.
5. FUTURE REQUESTS FROM CITY COUNCIL TO STAFF
6. ADJOURNMENT
With no further business before the City Council, Mayor Ruiz adjourned the City Council's
Regular Meeting at 7:15 pm.
CITY OF SAN JACINTO:
________________________
Crystal Ruiz, Mayor
ATTEST:
_____________________________
Julia Espinoza, Deputy City Clerk
Approved as read:
Approved as amended:
3.A.2.a
Packet Pg. 10 Attachment: May 3, 2022 Regular Meeting Minutes (Minutes of the Regular City Council Meeting of May 3, 2022)
May 17, 2022
TO: City Council
REQUESTED BY: Erika Gomez, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Warrants and Disbursements - April 2022
RECOMMENDATION:
Staff recommends that the City Council review and approve Warrants and Disbursements for the
period of April 2022 in the amount of $ 6,094,580.88.
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:#135662-135985 Various 4,674,013.34
Payroll: Pay Period # 7 #253635-253639 4/7/2022 203,889.06
Includes Warrants, Direct Deposits, Taxes, Garnishments
Payroll: Pay Period # 8 #253640-253646 4/21/2022 210,993.24
Includes Warrants, Direct Deposits, Taxes, Garnishments
Electronic Funds Various 1,005,685.24
Total Disbursements – Period of April 1-30, 2022 6,094,580.88$
Prepared by: Tessa Murphy, Account Clerk III
Note: Payroll information is on file in the Finance Department.
FISCAL IMPACT:
Expenditures by warrant, payroll direct deposit and electronic funds (wire) transfers have been
appropriated.
ATTACHMENTS:
3.A.3
Packet Pg. 11
Warrant Register April 30, 2022
3.A.3
Packet Pg. 12
Warrant Register
City of San Jacinto 04/30/2022
Page 1
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135662 4/1/2022 American forensic nurses, inc.75828 2 blood draws 010-3100-431.34-05 122.44 122.44
135663 4/1/2022 Appleone employment services 01-6249035 W/e 03/19/22 010-1110-411.10-04 932.48 932.48
135664 4/1/2022 Babcock laboratories, inc.CC21605-0278 Analysis 050-9000-450.30-90 1,194.02 8,171.06
CC21741-0278 Analysis 050-9000-450.30-90 819.00
CC21738-0278 Iron & manganese by icpms 050-9000-450.30-90 134.40
CC21719-0278 Coliforms by mmo/mug&hpc 050-9000-450.30-90 84.00
CC22191-0278 Analysis 050-9000-450.30-90 2,315.06
CC22196-0278 Analysis 050-9000-450.30-90 1,194.02
CC22199-0278 General analysis 050-9000-450.30-90 31.50
CC22200-0278 Coliforms by mmo/mug&hpc 050-9000-450.30-90 84.00
CC22164-0278 Analysis 050-9000-450.30-90 2,315.06
135665 4/1/2022 Bank of america business card BOA032922 Town & country 010-1400-414.31-20 288.33 949.66
BOA032922 Town & country 010-1400-414.31-20 47.50
BOA032922 National notary assoc 010-1400-414.30-90 613.83
135666 4/1/2022 Bank of america business card BOA032922 Barco products 025-7100-410.34-05 4,224.53 4,462.94
BOA032922 Amazon 010-4200-410.33-10 23.91
BOA032922 White cap 010-4150-410.21-80 214.50
135667 4/1/2022 Bank of america business card BOA032922 Barco products 199-9999-425.40-01 9,785.22 9,785.22
BOA032922 Barco products 199-9999-425.40-01 -9,785.22
BOA032922 Barco products 199-9999-425.40-01 9,785.22
135668 4/1/2022 Bio-tox laboratories, inc.42549 Analysis 010-3100-431.34-05 313.00 549.00
42548 Analysis 010-3100-431.34-05 236.00
135669 4/1/2022 Castellano's towing & recovery 80709 Towing services 010-3100-431.30-90 240.00 240.00
135670 4/1/2022 Central county united way UNITEDWAY032322March 2022 contributions 085-0000-202.21-80 14.00 14.00
135671 4/1/2022 Core & main lp Q502499 Allegro meters 050-9000-450.33-30 13,825.19 13,825.19
135672 4/1/2022 Cricket consulting 1078 Scada integration 050-9000-450.30-90 900.00 900.00
135673 4/1/2022 Crossflow distributing, inc.7C2-B032322 Drinking water delivery 010-2500-425.21-10 49.50 93.00
7C2-A032322 Drinking water delivery 010-3100-431.21-10 43.50
135674 4/1/2022 Eastern municipal water district EMWD032922 Utlity water services 010-7100-410.35-10 30.24 9,941.03
3.A.3.a
Packet Pg. 13 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 2
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135674 4/1/2022 Eastern municipal water district EMWD032922 Utlity water services 025-7250-410.35-10 456.70 9,941.03
EMWD032922 Utlity water services 025-7252-410.35-10 53.48
EMWD032922 Utlity water services 055-4170-450.35-10 64.46
EMWD032922 Utlity water services 034-3200-431.35-10 248.07
EMWD032922 Utlity water services 301-8831-500.35-10 1,815.78
EMWD032922 Utlity water services 303-8831-500.35-10 298.91
EMWD032922 Utlity water services 304-8831-500.35-10 216.23
EMWD032922 Utlity water services 305-8831-500.35-10 70.63
EMWD032922 Utlity water services 306-8831-500.35-10 22.71
EMWD032922 Utlity water services 307-8831-500.35-10 17.78
EMWD032922 Utlity water services 308-8831-500.35-10 232.40
EMWD032922 Utlity water services 310-8831-500.35-10 101.42
EMWD032922 Utlity water services 311-8831-500.35-10 147.64
EMWD032922 Utlity water services 313-8831-500.35-10 261.57
EMWD032922 Utlity water services 317-8831-500.35-10 18.42
EMWD032922 Utlity water services 321-8831-500.35-10 367.51
EMWD032922 Utlity water services 323-8831-500.35-10 272.82
EMWD032922 Utlity water services 325-8831-500.35-10 42.02
EMWD032922 Utlity water services 326-8831-500.35-10 462.98
EMWD032922 Utlity water services 327-8831-500.35-10 678.31
EMWD032922 Utlity water services 330-8831-500.35-10 160.80
EMWD032922 Utlity water services 331-8831-500.35-10 135.79
EMWD032922 Utlity water services 332-8831-500.35-10 373.79
EMWD032922 Utlity water services 334-8831-500.35-10 27.93
EMWD032922 Utlity water services 338-8831-500.35-10 50.83
EMWD032922 Utlity water services 339-8831-500.35-10 5.50
EMWD032922 Utlity water services 341-8831-500.35-10 425.91
EMWD032922 Utlity water services 343-8831-500.35-10 726.91
EMWD032922 Utlity water services 345-8831-500.35-10 196.67
3.A.3.a
Packet Pg. 14 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 3
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135674 4/1/2022 Eastern municipal water district EMWD032922 Utlity water services 351-8831-500.35-10 207.19 9,941.03
EMWD032922 Utlity water services 355-8831-500.35-10 25.84
EMWD032922 Utlity water services 359-8831-500.35-10 396.73
EMWD032922 Utlity water services 362-8831-500.35-10 207.57
EMWD032922 Utlity water services 363-8831-500.35-10 376.29
EMWD032922 Utlity water services 364-8831-500.35-10 20.09
EMWD032922 Utlity water services 365-8831-500.35-10 59.43
EMWD032922 Utlity water services 376-8831-500.35-10 619.80
EMWD032922 Utlity water services 353-8831-500.35-10 43.88
135675 4/1/2022 Engie services (formerly opterra)90039747 Mv fees feb 2022 050-9000-450.34-05 704.01 2,699.26
90039749 Om fees feb 2022 050-9000-450.34-05 1,995.25
135676 4/1/2022 Family towing & recovery FTR031722A Towing services 010-3100-431.30-90 820.00 2,460.00
FTR031722B Towing services 010-3100-431.30-90 820.00
FTR031722C Towing services 010-3100-431.30-90 820.00
135677 4/1/2022 Frontier communications FRONTIER032822Telephone services 010-6500-425.35-16 52.82 52.82
135678 4/1/2022 Hasa inc 802249 Multi-chlor 050-9000-450.21-12 411.67 1,926.02
802250 Multi-chlor 050-9000-450.21-12 294.05
802251 Multi-chlor 050-9000-450.21-12 294.05
804544 Multi-chlor 050-9000-450.21-12 235.24
804545 Multi-chlor 050-9000-450.21-12 367.56
804541 Multi-chlor 050-9000-450.21-12 323.45
135679 4/1/2022 Hinderliter, de llamas & assoc SIN015689 Transactions tax 010-2500-425.30-90 600.00 600.00
135680 4/1/2022 Hirsch pipe & supply co., inc.8157716 10 ft tube 050-9000-450.21-12 163.01 180.61
8159425 Pvc cap slip 050-9000-450.21-12 17.60
135681 4/1/2022 Home depot credit services 1122039 Supplies 034-3200-431.33-10 528.63 528.63
135682 4/1/2022 Image source 25AR1421736 Xerox copies 010-4200-410.34-05 96.02 2,202.37
25AR1421736 Xerox copies 010-3100-431.34-05 508.90
25AR1421736 Xerox copies 010-2500-425.34-05 1,597.45
135683 4/1/2022 Infosend inc.205714 Data process/prep svcs 050-1400-414.34-05 831.19 10,661.80
3.A.3.a
Packet Pg. 15 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 4
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135683 4/1/2022 Infosend inc.205714 Data process/prep svcs 055-1400-414.34-05 831.20 10,661.80
206027 Postage deposit 050-1400-414.34-05 106.04
206027 Postage deposit 055-1400-414.34-05 106.03
206850 Adress change service 050-1400-414.34-05 59.00
206850 Adress change service 055-1400-414.34-05 59.00
207638 Data process/prep svcs 050-1400-414.34-05 2,038.54
207638 Data process/prep svcs 055-1400-414.34-05 2,038.55
207862 Programming fee 050-1400-414.34-05 225.00
207862 Programming fee 055-1400-414.34-05 225.00
209318 Data process/prep svcs 050-1400-414.34-05 2,071.13
209318 Data process/prep svcs 055-1400-414.34-05 2,071.12
135684 4/1/2022 Johnson, lucy JOHNSON032922Reimburse b.l. conf hotel 010-1701-417.31-20 472.04 472.04
135685 4/1/2022 Leslie's pool supplies, inc.00443-02-047862Granular pool shock 055-4170-450.21-12 294.43 294.43
135686 4/1/2022 Magner, tara MAGNER032122Reimburse baggage charges 010-9600-960.31-20 70.00 70.00
135687 4/1/2022 Maritza soto WATER032822 Refund water deposit 050-0000-229.08-70 26.20 70.48
WATER032822 Refund credit balance 050-0000-308.09-10 44.28
135688 4/1/2022 Mohammad raihan WATER032822 Refund water refund 050-0000-229.08-70 117.39 117.39
135689 4/1/2022 Nitesh patel WATER032822 Refund water refund 050-0000-229.08-70 92.03 92.03
135690 4/1/2022 O'reilly auto parts,inc.5531-195899 Brake cleaner 050-9000-450.33-50 4.34 4.34
135691 4/1/2022 Osborn, mathew OSBORN091521Meal per diem 011-1700-417.31-20 125.00 125.00
135692 4/1/2022 Randel,travis RANDEL091521 Meal per diem 011-1700-417.31-20 125.00 125.00
135693 4/1/2022 Rigoberto marroquin WATER032822 Refund water deposit 050-0000-229.08-70 21.05 21.05
135694 4/1/2022 Rutan & tucker 923632 Prof svcs through 2/28/22 010-1111-411.30-90 1,645.00 1,645.00
135695 4/1/2022 Seiu local 721 SEIU032322 March 2022 union dues 085-0000-202.21-43 2,276.13 2,276.13
135696 4/1/2022 Sesac 10533204 Music performance license 010-0000-103.12-34 1,055.76 1,055.76
135697 4/1/2022 Socal gas SOCALGAS022822Utility gas services 010-2500-425.35-12 260.74 861.18
SOCALGAS022822Utility gas services 010-6500-425.35-12 10.87
SOCALGAS022822Utility gas services 010-3100-431.35-12 176.43
3.A.3.a
Packet Pg. 16 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 5
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135697 4/1/2022 Socal gas SOCALGAS022822Utility gas services 010-4200-410.35-12 129.05 861.18
SOCALGAS022822Utility gas services 034-3200-431.35-12 284.09
135698 4/1/2022 Southern california edison SCE032822 Electricity services 010-4150-410.35-14 424.43 632.99
SCE032822 Electricity services 343-8831-500.35-14 41.60
SCE032822 Electricity services 010-4150-410.35-14 150.26
SCE032822 Electricity services 347-8831-500.35-14 4.67
SCE032822 Electricity services 347-8831-500.35-14 12.03
135699 4/1/2022 Southern hill nursery, inc 1947 Eastern redbuds 025-7100-410.34-05 424.13 424.13
135700 4/1/2022 State of california dept of justice 570427 Analysis 010-3100-431.34-05 315.00 350.00
570482 Analysis 010-3100-431.34-05 35.00
135701 4/1/2022 Sunrun installation services inc 032322REFUNDARefund permit 21-01208 011-0000-303.02-21 285.08 673.15
032322REFUNDARefund permit 21-01208 011-0000-308.06-01 3.34
032322REFUNDARefund permit 21-01208 011-0000-308.06-30 31.83
032322REFUNDBRefund permit 21-01534 011-0000-303.02-21 313.82
032322REFUNDBRefund permit 21-01534 011-0000-308.06-01 3.89
032322REFUNDBRefund permit 21-01534 011-0000-308.06-30 35.19
135702 4/1/2022 Technology unlimited, inc 359406 Lttr opener maint renewal 017-2290-418.34-05 235.00 235.00
135703 4/1/2022 Time warner cable 0055371031022 Internet service 010-3100-431.34-05 356.96 356.96
135704 4/1/2022 Tony's tires TONYSTIRE032322Tire patch 050-9000-450.33-50 25.00 25.00
135705 4/1/2022 Usa blue book 920017 Service line puller kit 050-9000-450.21-12 1,320.01 1,320.01
135706 4/1/2022 Verizon wireless 9901520834 Phone service 024-3100-431.21-90 144.79 5,503.57
9901910006 Phone service 010-1100-411.35-17 235.22
9901910006 Phone service 010-1200-412.35-17 98.57
9901910006 Phone service 011-1700-417.35-17 25.87
9901910006 Phone service 011-1700-417.21-80 459.13
9901910006 Phone service 010-3100-431.35-17 247.64
9901910006 Phone service 011-3300-431.35-17 54.65
9901910006 Phone service 010-3320-431.35-17 328.10
9901910006 Phone service 010-4140-410.35-17 160.86
3.A.3.a
Packet Pg. 17 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 6
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135706 4/1/2022 Verizon wireless 9901910006 Phone service 010-4140-410.21-80 459.13 5,503.57
9901910006 Phone service 010-4150-410.35-17 85.45
9901910006 Phone service 010-4200-410.35-17 63.75
9901910006 Phone service 010-7100-410.35-17 124.47
9901910006 Phone service 010-7100-410.21-80 459.13
9901910006 Phone service 010-7101-410.35-17 15.87
9901910006 Phone service 017-2290-418.35-17 281.20
9901910006 Phone service 017-2290-418.21-80 928.04
9901910006 Phone service 050-9000-450.35-17 256.70
9901910006 Phone service 050-9000-450.21-80 459.13
9901910006 Phone service 055-4170-450.35-17 103.37
9901910006 Phone service 055-4170-450.21-80 459.13
9901910006 Phone service 010-2500-425.35-17 53.37
135707 4/1/2022 White, kevin WHITE091521 Meal per diem 011-1700-417.31-20 125.00 125.00
135708 4/1/2022 William whitehead WATER032822 Refund water deposit 050-0000-229.08-70 72.49 72.49
135709 4/8/2022 Aarvig & associates, apc 120379 Defense costs #21-155896 020-2200-419.30-90 620.00 620.00
135710 4/8/2022 Anady's trophies, inc.116796 Name plates 010-1100-411.21-10 17.13 49.76
116735 Name plates 010-1100-411.21-10 32.63
135711 4/8/2022 Andy gump, inc.INV906852 Fence rent 3/23-4/19/22 010-9600-960.34-05 92.92 92.92
135712 4/8/2022 Aqua metric sales company, inc.INV0087639 Water meters 050-9000-450.33-30 16,163.52 16,163.52
135713 4/8/2022 Aramark uniform service 588000434652 Uniform service 010-4150-410.21-35 36.05 548.52
588000434647 Uniform service 010-7101-410.21-35 9.01
588000434647 Uniform service 010-7100-410.21-35 45.57
588000429215 Uniform service 010-4140-410.21-35 27.03
588000429215 Uniform service 055-4170-450.21-35 36.04
588000429215 Uniform service 010-4200-410.21-35 11.17
588000429215 Uniform service 050-9000-450.21-35 63.14
588000429200 Uniform service 010-7101-410.21-35 9.01
588000429200 Uniform service 010-7100-410.21-35 45.57
3.A.3.a
Packet Pg. 18 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 7
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135713 4/8/2022 Aramark uniform service 588000434658 Uniform service 010-4140-410.21-35 27.04 548.52
588000434658 Uniform service 055-4170-450.21-35 36.06
588000434658 Uniform service 010-4200-410.21-35 11.21
588000434658 Uniform service 050-9000-450.21-35 63.07
588000429209 Uniform service 010-4150-410.21-35 36.05
588000434648 Floor mats 010-4200-410.34-05 46.25
588000429202 Floor mats 010-4200-410.34-05 46.25
135714 4/8/2022 Arlington computer products INV41968 Microsoft surface laptop 017-2290-418.40-45 2,889.75 2,889.75
135715 4/8/2022 Arrow printing, inc.22864 City letterhead 010-2500-425.21-10 439.35 439.35
135716 4/8/2022 Babcock laboratories, inc.CC22483-0278 Coliforms by mmo/mug&hpc 050-9000-450.30-90 84.00 84.00
135717 4/8/2022 Calpers supplemental income plansCALPERS032822Sip #452544 085-0000-202.21-29 5,813.88 5,813.88
135718 4/8/2022 City net 2022-010067.R Outreach january 2022 010-9500-950.34-05 11,256.41 39,764.38
2022-010085 Emergency shltr jan 2022 010-9500-950.34-05 9,605.42
2022-020085 Emergency shltr feb 2022 010-9500-950.34-05 18,902.55
135719 4/8/2022 Dave's hauling 3212022 Channel clean up 010-4140-410.34-05 1,800.00 2,600.00
3252022 Easement clean up 025-7250-410.34-05 550.00
3282022 Easement clean up 025-7250-410.34-05 250.00
135720 4/8/2022 Department of conservation DEPTOFCON040522Smip fees 1/1-3/31/22 065-0000-201.08-68 1,377.51 1,308.63
DEPTOFCON040522Smip fees 1/1-3/31/22 010-0000-310.07-96 -68.88
135721 4/8/2022 Empower retirement, llc EMPOWER032822Group #109947 085-0000-202.21-29 950.00 950.00
135722 4/8/2022 Espinoza, julia ESPINOZA033122Reimb passport shipping 010-1110-411.21-65 44.85 44.85
135723 4/8/2022 Ewing incorporation 16284612 Brass flow meter 327-8831-500.34-05 939.60 1,573.64
16275642 Couplings & valve insert 199-9999-425.40-01 407.81
16275642 Couplings & valve insert 199-9999-425.40-01 -407.81
16275642 Couplings & valve insert 199-9999-425.40-01 407.81
16284681 Staples & valve insert 199-9999-425.40-01 226.23
16284681 Staples & valve insert 199-9999-425.40-01 -226.23
16284681 Staples & valve insert 199-9999-425.40-01 226.23
135724 4/8/2022 Executive image landscape & maint665 Mistletoe park repairs 025-7100-410.34-05 1,248.00 1,577.00
3.A.3.a
Packet Pg. 19 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 8
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135724 4/8/2022 Executive image landscape & maint660 Sallee repairs 025-7100-410.34-05 35.00 1,577.00
663 Rancho park repairs 025-7252-410.34-05 40.00
661 Main st dwntwn repairs 025-7250-410.34-05 60.00
656 Zone 20 repairs 320-8831-500.34-05 35.00
664 Zone 9 repairs 309-8831-500.34-05 129.00
651 Cty hall prkng lot repair 010-7100-410.34-05 30.00
135725 4/8/2022 Frontier communications FRONTIER040422Telephone services 010-3100-431.35-16 110.77 320.40
FRONTIER040422Telephone services 010-4200-410.35-16 209.63
135726 4/8/2022 Grainger 9252646741 Replacement ups battery 050-9000-450.33-30 373.97 373.97
135727 4/8/2022 Hemet valley tool, inc.161135 Water roller 010-7100-410.33-30 16.31 72.04
161126 Rototiller 010-7100-410.33-30 55.73
135728 4/8/2022 Hirsch pipe & supply co., inc.8169295 Economy test plugs 055-4170-450.21-12 17.70 17.70
135729 4/8/2022 Home depot credit services 8624488 Paint & rollers 025-7100-410.34-05 131.59 3,759.62
6010335 Supplies 010-4150-410.21-12 632.63
6514918 Supplies 025-7100-410.34-05 71.29
0272997 Board & stakes 010-7100-410.21-12 423.95
0184047 Cyclone 160 010-4150-410.21-12 2,500.16
135730 4/8/2022 Icma retirement trust ICMA032822 Group #300434 085-0000-202.21-29 3,038.56 3,188.18
ICMA032822 Group #300434 085-0000-202.21-28 149.62
135731 4/8/2022 Imperial sprinkler supply, inc 5025196-00 Stainless steel covers 330-8831-500.34-05 114.84 344.52
5025196-00 Stainless steel covers 305-8831-500.34-05 114.84
5025196-00 Stainless steel covers 313-8831-500.34-05 114.84
135732 4/8/2022 Infosend inc.206026 Set up fee 050-1400-414.34-05 900.00 1,800.00
206026 Set up fee 055-1400-414.34-05 900.00
135733 4/8/2022 Inland empire landscape, inc.38184 Install wood chips 313-8831-500.34-05 4,875.00 11,575.00
38203 Instll wood chips & roses 349-8831-500.34-05 6,700.00
135734 4/8/2022 Inland water works supply co.S1054016.002 Clamps 050-9000-450.21-12 200.77 200.77
135735 4/8/2022 Jeremy bishop PLAN033122 Refund deposit balance 065-0000-211.21-02 2,400.00 2,400.00
135736 4/8/2022 Johnson, rob JOHNSON040422Reimburse travel fees 010-9600-960.31-20 913.47 913.47
3.A.3.a
Packet Pg. 20 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 9
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135737 4/8/2022 Karl's tractor service 6423 Spring 2022 mowing 010-3320-431.34-05 195.00 1,020.00
6422 Spring 2022 mowing 010-3320-431.34-05 825.00
135738 4/8/2022 Magner, tara MAGNER040422Reimburse travel fees 010-9600-960.31-20 973.02 973.02
135739 4/8/2022 Magnolia environmental, llc 4123 Lead survey survey 199-9999-425.40-01 759.00 759.00
135740 4/8/2022 Martinez, ramon MARTINEZ040422Reimburse h/d/v expenses 010-2500-425.11-90 50.00 50.00
135741 4/8/2022 Murphy, tessa MURPHY040422Reimburse h/d/v expenses 010-2500-425.11-90 30.00 30.00
135742 4/8/2022 National safety compliance, inc.89466 Epn report 010-4140-410.34-05 7.00 136.00
89466 Epn report 010-3320-431.34-05 7.00
89466 Epn report 010-1400-414.34-05 7.00
89466 Epn report 011-1700-417.34-05 11.00
89466 Epn report 102-1400-500.34-05 11.00
89466 Epn report 010-1210-412.34-05 11.00
89325 Dqf fees 010-4150-410.34-05 22.50
89325 Dqf fees 010-7100-410.34-05 15.00
89325 Dqf fees 050-9000-450.34-05 20.00
89325 Dqf fees 055-4170-450.34-05 10.00
89325 Dqf fees 010-4140-410.34-05 7.50
89466 Epn report 055-4170-450.34-05 7.00
135743 4/8/2022 Nutrien ag solutions,inc(crop prod)47636302 Kleenup & activator 010-4150-410.21-14 1,850.99 1,959.74
47393213 Oil tote 010-4150-410.21-12 108.75
135744 4/8/2022 O'reilly auto parts,inc.5531-195703 Wiper blades 050-9000-450.33-50 57.72 57.72
135745 4/8/2022 Pacific products & services llc 30039 Wedge puller 010-4150-410.21-12 1,012.14 1,012.14
135746 4/8/2022 Prill, thomas PRILL040422 Reimburse h/d/v expenses 010-2500-425.11-90 544.44 544.44
135747 4/8/2022 Riverside county TL0000016132 November 2021 costs 010-4150-410.32-05 20,613.87 29,802.98
TL0000016181 December 2021 costs 010-4150-410.32-05 9,189.11
135748 4/8/2022 Riverside county fire department 234723 Fire protection services 010-3200-431.34-04 538,531.69 1,213,956.56
234723 Fire protection services 034-3200-431.34-04 675,424.87
135749 4/8/2022 Robin gilliland consulting RGC033122 Consulting services 010-9500-950.34-05 6,000.00 6,000.00
135750 4/8/2022 Sc fuels 2097751-IN Clarion 050-9000-450.33-30 1,312.93 1,312.93
3.A.3.a
Packet Pg. 21 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 10
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135751 4/8/2022 Siemens,inc.5620039127 Feb 2022 st light callout 010-4150-410.34-05 198.75 198.75
135752 4/8/2022 Southern california edison SCE033022 10335952/75904208 199-9999-425.40-01 5,000.00 5,000.00
135753 4/8/2022 Southern california edison SCE040422 Electricity services 010-4150-410.35-14 270.97 5,458.50
SCE040422 Electricity services 010-4200-410.35-14 18.18
SCE040422 Electricity services 025-7260-410.35-14 4,606.47
SCE040422 Electricity services 321-8831-500.35-14 45.13
SCE040422 Electricity services 010-4150-410.35-14 72.31
SCE040422 Electricity services 325-8831-500.35-14 17.24
SCE040422 Electricity services 330-8831-500.35-14 185.32
SCE040422 Electricity services 361-8831-500.35-14 216.26
SCE040422 Electricity services 391-8831-500.35-14 26.62
135754 4/8/2022 Staples business advantage, inc.3502943262 Liner waste 010-2500-425.21-10 27.34 2,267.05
3502943263 Cups & sd card 010-3100-431.21-10 72.13
3502943264 Sd card 010-3320-431.21-10 43.48
3502943265 Supplies 010-2500-425.21-10 15.30
3502943265 Supplies 010-1210-412.21-10 33.50
3502943266 Supplies 010-2500-425.21-10 49.47
3502943266 Supplies 010-1110-411.21-10 70.44
3502943267 Supplies 011-1700-417.21-10 15.27
3502943268 Supplies 011-1700-417.21-10 1.58
3502463718 Supplies 010-2500-425.21-10 591.72
3502463719 Supplies 010-3100-431.21-10 159.65
3502463720 Supplies 010-2500-425.21-10 117.29
3502463722 Supplies 010-1400-414.21-10 99.33
3502463723 Accordion file folders 010-1400-414.21-10 22.99
3502463725 Manila folders 010-3320-431.21-10 34.08
3502463727 Supplies 010-2500-425.21-10 82.62
3502463728 Supplies 010-1400-414.21-10 204.34
3502463729 Supplies 010-2500-425.21-10 210.17
3.A.3.a
Packet Pg. 22 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 11
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135754 4/8/2022 Staples business advantage, inc.3502463729 Supplies 011-1700-417.21-10 416.35 2,267.05
135755 4/8/2022 State of california dept of justice 561286 Fingerprinting 010-1210-412.30-90 96.00 388.00
561286 Fingerprinting 065-0000-211.21-02 130.00
561286 Fingerprinting 011-1700-417.30-90 17.00
567068 Fingerprinting 010-1210-412.30-90 64.00
567068 Fingerprinting 065-0000-211.21-02 17.00
567068 Fingerprinting 065-0000-211.21-02 64.00
135756 4/8/2022 Superior ready mix concrete, l.p.267010 Fill sand 050-9000-450.21-12 701.36 701.36
135757 4/8/2022 Talley metal supply, inc.50936 Rebar 010-7100-410.21-12 17.93 17.93
135758 4/8/2022 Time warner cable 0541420032722 Internet services 017-2290-418.34-20 5,020.91 5,020.91
135759 4/8/2022 Underground service alert 320220677 Monthly ticketing svc 050-9000-450.30-90 99.10 99.10
135760 4/8/2022 Usa blue book 927904 Gloves & chlorine 050-9000-450.33-30 142.18 7,446.28
927808 Supplies 050-9000-450.33-30 3,427.83
929480 Analyzer 050-9000-450.33-30 3,567.65
930947 Chlorine 050-9000-450.33-30 308.62
135761 4/8/2022 Vasquez, victor VASQUEZ040422Reimburse h/d/v expenses 010-2500-425.11-90 342.83 342.83
135762 4/8/2022 Viking maintenance services llc,inc 4253722 April cleaning services 010-2500-425.34-05 1,335.60 1,929.20
4253722 April cleaning services 010-4200-410.34-05 466.40
4253722 April cleaning services 010-7400-425.34-05 127.20
135763 4/8/2022 West coast arborists, inc 183275 Grid pruning 343-8831-500.34-05 11,776.00 16,042.00
183607 Grid pruning 309-8831-500.34-05 4,266.00
135764 4/8/2022 Xerox financial services 3148314 Copier lease 3/7-4/6/22 010-4200-410.34-05 437.05 2,823.41
3148314 Copier lease 3/7-4/6/22 010-3100-431.34-05 571.35
3148314 Copier lease 3/7-4/6/22 010-2500-425.34-05 1,815.01
135765 4/8/2022 Yanez, crystal v.YANEZ040422 Reimburse h/d/v expenses 010-2500-425.11-90 150.00 608.20
YANEZ040522 Reimburse h/d/v expenses 010-2500-425.11-90 458.20
135766 4/8/2022 Yarnall, rene YARNALL040522Reimburse travel expenses 010-9600-960.31-20 970.10 970.10
135767 4/8/2022 Youhouse, joseph YOUHOUSE040522Reimburse h/d/v expenses 010-2500-425.11-90 21.19 21.19
3.A.3.a
Packet Pg. 23 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 12
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135768 4/15/2022 Abm janitorial services 17003019 April 2022 services 010-3100-431.34-05 2,896.65 2,896.65
135769 4/15/2022 Adt security services, inc.912883966 Alarm srvice 4/22-5/21/22 010-6100-425.34-05 44.99 44.99
135770 4/15/2022 Aflac 778889 March 2022 premium 085-0000-202.21-27 1,424.96 1,424.96
135771 4/15/2022 American forensic nurses, inc.75863 4 blood draws 010-3100-431.34-05 244.88 244.88
135772 4/15/2022 Appleone employment services 01-6183026 W/e 1/22/22 010-1400-414.10-04 1,270.88 2,844.44
01-6253024 W/e 3/26/22 010-1110-411.10-04 932.48
01-6261336 W/e 4/2/22 010-1110-411.10-04 641.08
135773 4/15/2022 Aramark uniform service 588000440257 Uniform service 010-7101-410.21-35 9.01 136.88
588000440257 Uniform service 010-7100-410.21-35 45.57
588000440267 Uniform service 010-4150-410.34-05 36.05
588000440260 Floor mats 010-4200-410.34-05 46.25
135774 4/15/2022 Automated gate services, inc.66071528 Maintenance service 010-3100-431.33-10 250.00 250.00
135775 4/15/2022 B & w pipe & supply 170600 Valve box, pvc & cement 025-7100-410.34-05 301.65 722.40
170618 Supplies 025-7100-410.34-05 219.62
170691 Concrete 025-7100-410.34-05 13.56
170667 Parts 025-7100-410.34-05 16.61
170656 6" extension for vlv box 025-7100-410.34-05 26.28
170668 Parts 025-7100-410.34-05 9.81
170646 Emitter & staples 025-7100-410.34-05 134.87
135776 4/15/2022 Babcock laboratories, inc.CD20398-0278 Analysis 050-9000-450.30-90 1,194.02 1,592.24
CD20316-0278 Coliforms by mmo/mug&hpc 050-9000-450.30-90 84.00
CD20317-0278 Hexavalent chromium by ic 050-9000-450.30-90 314.22
135777 4/15/2022 Bcc benefit coordinators corp 10771 Group #eia00093 085-0000-202.21-46 4,155.14 9,149.68
10771 Group #eia00093 085-0000-202.21-52 592.34
BCCD041122 April 2022 premium 085-0000-202.21-32 4,337.20
BCCD041122 April 2022 premium 065-0000-201.08-64 65.00
135778 4/15/2022 California building standards CBSC040622 Cbsc fees 1/1/22-3/31/22 065-0000-201.09-03 514.00 462.60
CBSC040622 10% withheld 010-0000-310.07-96 -51.40
135779 4/15/2022 Calpers supplemental income plansCALPERS041122Sip #452544 085-0000-202.21-29 6,169.66 6,169.66
3.A.3.a
Packet Pg. 24 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 13
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135780 4/15/2022 Clark's towing and recovery S8045J Evidence tow 010-3100-431.30-90 70.00 13,405.00
S8044J Evidence tow 010-3100-431.30-90 3,755.00
S8047J Evidence tow 010-3100-431.30-90 4,790.00
S8046J Evidence tow 010-3100-431.30-90 4,790.00
135781 4/15/2022 Coast fitness repair shop 81455 50% dep for fitness equip 064-3100-431.40-45 16,956.72 16,956.72
135782 4/15/2022 Crime scene cleaners 20220328 Biohazard clean up 010-3100-431.34-05 950.00 950.00
135783 4/15/2022 Cubicle and office, inc 2095 Door add on & hardware 199-9999-425.40-01 3,315.22 3,315.22
2095 Door add on & hardware 199-9999-425.40-01 -3,315.22
2095 Door add on & hardware 199-9999-425.40-01 3,315.22
135784 4/15/2022 Dave's hauling 033122TRASH Trash service march 2022 301-8831-500.34-05 48.00 17,239.00
033122TRASH Trash service march 2022 307-8831-500.34-05 24.00
033122TRASH Trash service march 2022 308-8831-500.34-05 96.00
033122TRASH Trash service march 2022 311-8831-500.34-05 220.00
033122TRASH Trash service march 2022 313-8831-500.34-05 96.00
033122TRASH Trash service march 2022 320-8831-500.34-05 144.00
033122TRASH Trash service march 2022 321-8831-500.34-05 72.00
033122TRASH Trash service march 2022 322-8831-500.34-05 120.00
033122TRASH Trash service march 2022 325-8831-500.34-05 96.00
033122TRASH Trash service march 2022 326-8831-500.34-05 144.00
033122TRASH Trash service march 2022 327-8831-500.34-05 72.00
033122TRASH Trash service march 2022 329-8831-500.34-05 72.00
033122TRASH Trash service march 2022 330-8831-500.34-05 96.00
033122TRASH Trash service march 2022 331-8831-500.34-05 72.00
033122TRASH Trash service march 2022 332-8831-500.34-05 96.00
033122TRASH Trash service march 2022 338-8831-500.34-05 72.00
033122TRASH Trash service march 2022 341-8831-500.34-05 48.00
033122TRASH Trash service march 2022 343-8831-500.34-05 48.00
033122TRASH Trash service march 2022 345-8831-500.34-05 96.00
033122TRASH Trash service march 2022 346-8831-500.34-05 72.00
3.A.3.a
Packet Pg. 25 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 14
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135784 4/15/2022 Dave's hauling 033122TRASH Trash service march 2022 353-8831-500.34-05 48.00 17,239.00
033122TRASH Trash service march 2022 355-8831-500.34-05 24.00
033122TRASH Trash service march 2022 362-8831-500.34-05 24.00
033122TRASH Trash service march 2022 363-8831-500.34-05 120.00
033122TRASH Trash service march 2022 367-8831-500.34-05 72.00
033122TRASH Trash service march 2022 376-8831-500.34-05 568.00
033122TRASH Trash service march 2022 025-7252-410.34-05 24.00
033122TRASH Trash service march 2022 025-7252-410.34-05 48.00
033122TRASH Trash service march 2022 025-7252-410.34-05 24.00
033122TRASH Trash service march 2022 025-7252-410.34-05 24.00
033122TRASH Trash service march 2022 025-7100-410.34-05 24.00
033122TRASH Trash service march 2022 025-7100-410.34-05 120.00
033122TRASH Trash service march 2022 025-7100-410.34-05 808.00
033122TRASH Trash service march 2022 025-7252-410.34-05 1,349.00
033122TRASH Trash service march 2022 025-7100-410.34-05 72.00
033122TRASH Trash service march 2022 025-7100-410.34-05 150.00
033122TRASH Trash service march 2022 025-7250-410.34-05 168.00
033122TRASH Trash service march 2022 010-7100-410.34-05 24.00
033122TRASH Trash service march 2022 010-3100-431.34-05 24.00
033122TRASH Trash service march 2022 010-4150-410.34-05 320.00
422022 Channel clean up 010-4140-410.34-05 2,040.00
492022 Street clean up 010-4150-410.34-05 720.00
412022 March 2022 st clean up 010-4150-410.34-05 8,640.00
135785 4/15/2022 Dewey pest control inc.15028726 April 2022 service 034-3200-431.34-05 40.00 40.00
135786 4/15/2022 Eastern municipal water district EMWD041122A Feb swr/trsh settlement 055-0000-308.07-30 -57,216.04 181,477.30
EMWD041122A Feb swr/trsh settlement 055-0000-201.20-40 139,316.62
EMWD041122ABMarch swr/trsh settlement 055-0000-308.07-30 -71,712.23
EMWD041122ABMarch swr/trsh settlement 055-0000-201.20-40 171,088.95
135787 4/15/2022 Empower retirement, llc EMPOWER041122Group #109947 085-0000-202.21-29 950.00 950.00
3.A.3.a
Packet Pg. 26 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 15
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135788 4/15/2022 Engineered installation solutions 1124 Fitness court install 199-9999-425.40-01 28,500.00 28,500.00
1124 Fitness court install 199-9999-425.40-01 -28,500.00
1124 Fitness court install 199-9999-425.40-01 28,500.00
135789 4/15/2022 Espinosa, cynthia ESPINOSA041122Mileage reimbursement 010-1200-412.31-20 51.36 51.36
135790 4/15/2022 Executive image landscape & maint670 City hall repairs 010-7100-410.34-05 128.00 128.00
135791 4/15/2022 Eyemed vision care 165209646 April 2022 premium 085-0000-202.21-35 1,205.91 1,222.79
165209646 April 2022 premium 065-0000-201.08-64 16.88
135792 4/15/2022 Fedex corporation 9-621-94173 Freight late fee 011-1700-417.21-65 7.61 7.61
135793 4/15/2022 Frontier communications FRONTIER041122Telephone services 010-3100-431.35-16 93.17 93.17
135794 4/15/2022 Government finance officers assoc.2266310 Membership renewal 010-1400-414.30-16 150.00 150.00
135795 4/15/2022 Hemet industrial supply 56946 Parts 010-7100-410.21-12 198.82 448.32
56946 Parts 055-4170-450.21-12 141.97
56922 Hi temp thread locker 025-7100-410.34-05 107.53
135796 4/15/2022 Hemet valley tool, inc.161175 Champion ct7 cutter 025-7100-410.34-05 76.11 830.73
161366 Supplies 010-7100-410.33-30 296.89
161171 Holesaws 025-7100-410.34-05 27.08
161536 Bender & stepdrill 010-4150-410.21-12 268.61
161064 Trencher 010-7100-410.33-30 162.04
135797 4/15/2022 Hirsch pipe & supply co., inc.8172303 Parts 025-7100-410.34-05 28.30 28.30
135798 4/15/2022 Home depot credit services 3021784 Parts & supplies 010-4150-410.21-12 1,406.16 2,024.69
2011173 Parts & supplies 010-7100-410.21-12 287.99
2273583 Parts & supplies 010-7100-410.21-12 92.29
7111338 Parts & supplies 010-3100-431.33-10 238.25
135799 4/15/2022 Icma retirement trust ICMA041122 Group #300434 085-0000-202.21-29 3,038.56 3,038.56
135800 4/15/2022 Imperial sprinkler supply, inc 5031172-00 Calsense upgrades 343-8831-500.34-05 6,565.02 12,655.94
5031027-00 Calsense supplies 308-8831-500.34-05 6,090.92
135801 4/15/2022 Inland empire landscape, inc.38310 Maintenance march 2022 025-7250-410.34-05 225.00 48,491.83
38310 Maintenance march 2022 025-7100-410.34-05 800.00
38310 Maintenance march 2022 301-8831-500.34-05 2,411.75
3.A.3.a
Packet Pg. 27 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 16
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135801 4/15/2022 Inland empire landscape, inc.38310 Maintenance march 2022 303-8831-500.34-05 1,813.95 48,491.83
38310 Maintenance march 2022 305-8831-500.34-05 604.65
38310 Maintenance march 2022 306-8831-500.34-05 460.00
38310 Maintenance march 2022 307-8831-500.34-05 2,720.93
38310 Maintenance march 2022 308-8831-500.34-05 2,741.08
38310 Maintenance march 2022 311-8831-500.34-05 1,660.00
38310 Maintenance march 2022 313-8831-500.34-05 1,662.79
38310 Maintenance march 2022 321-8831-500.34-05 2,157.17
38310 Maintenance march 2022 323-8831-500.34-05 377.91
38310 Maintenance march 2022 325-8831-500.34-05 478.68
38310 Maintenance march 2022 326-8831-500.34-05 1,728.30
38310 Maintenance march 2022 327-8831-500.34-05 2,164.11
38310 Maintenance march 2022 329-8831-500.34-05 1,058.14
38310 Maintenance march 2022 330-8831-500.34-05 1,700.00
38310 Maintenance march 2022 332-8831-500.34-05 1,284.88
38310 Maintenance march 2022 338-8831-500.34-05 1,058.14
38310 Maintenance march 2022 340-8831-500.34-05 65.00
38310 Maintenance march 2022 341-8831-500.34-05 604.65
38310 Maintenance march 2022 343-8831-500.34-05 982.56
38310 Maintenance march 2022 345-8831-500.34-05 1,148.83
38310 Maintenance march 2022 346-8831-500.34-05 735.66
38310 Maintenance march 2022 351-8831-500.34-05 476.67
38310 Maintenance march 2022 353-8831-500.34-05 1,216.67
38310 Maintenance march 2022 355-8831-500.34-05 498.84
38310 Maintenance march 2022 359-8831-500.34-05 346.67
38310 Maintenance march 2022 362-8831-500.34-05 434.00
38310 Maintenance march 2022 363-8831-500.34-05 3,048.45
38310 Maintenance march 2022 364-8831-500.34-05 108.33
38310 Maintenance march 2022 365-8831-500.34-05 305.85
3.A.3.a
Packet Pg. 28 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 17
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135801 4/15/2022 Inland empire landscape, inc.38310 Maintenance march 2022 376-8831-500.34-05 1,257.17 48,491.83
38310 Maintenance march 2022 386-8831-500.34-05 250.00
38310 Maintenance march 2022 050-9000-450.34-05 125.00
38310 Maintenance march 2022 349-8831-500.34-05 1,728.00
38311 Valve checks march 2022 025-7250-410.34-05 120.00
38311 Valve checks march 2022 025-7100-410.34-05 126.00
38311 Valve checks march 2022 308-8831-500.34-05 558.00
38311 Valve checks march 2022 313-8831-500.34-05 366.00
38311 Valve checks march 2022 321-8831-500.34-05 378.00
38311 Valve checks march 2022 323-8831-500.34-05 60.00
38311 Valve checks march 2022 326-8831-500.34-05 510.00
38311 Valve checks march 2022 332-8831-500.34-05 264.00
38311 Valve checks march 2022 343-8831-500.34-05 480.00
38311 Valve checks march 2022 345-8831-500.34-05 534.00
38311 Valve checks march 2022 346-8831-500.34-05 270.00
38311 Valve checks march 2022 362-8831-500.34-05 168.00
38311 Valve checks march 2022 364-8831-500.34-05 12.00
38311 Valve checks march 2022 365-8831-500.34-05 30.00
38311 Valve checks march 2022 351-8831-500.34-05 132.00
38311 Valve checks march 2022 311-8831-500.34-05 318.00
38311 Valve checks march 2022 338-8831-500.34-05 282.00
38311 Valve checks march 2022 353-8831-500.34-05 180.00
38311 Valve checks march 2022 376-8831-500.34-05 432.00
38311 Valve checks march 2022 303-8831-500.34-05 210.00
38311 Valve checks march 2022 325-8831-500.34-05 132.00
38311 Valve checks march 2022 329-8831-500.34-05 348.00
38311 Valve checks march 2022 305-8831-500.34-05 42.00
38311 Valve checks march 2022 307-8831-500.34-05 198.00
38311 Valve checks march 2022 301-8831-500.34-05 258.00
3.A.3.a
Packet Pg. 29 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 18
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135801 4/15/2022 Inland empire landscape, inc.38311 Valve checks march 2022 355-8831-500.34-05 72.00 48,491.83
38311 Valve checks march 2022 306-8831-500.34-05 60.00
38311 Valve checks march 2022 341-8831-500.34-05 168.00
38311 Valve checks march 2022 359-8831-500.34-05 156.00
38311 Valve checks march 2022 327-8831-500.34-05 324.00
38311 Valve checks march 2022 386-8831-500.34-05 72.00
38311 Valve checks march 2022 050-9000-450.34-05 6.00
38311 Valve checks march 2022 330-8831-500.34-05 228.00
38311 Valve checks march 2022 349-8831-500.34-05 198.00
38311 Valve checks march 2022 363-8831-500.34-05 360.00
135802 4/15/2022 Innovative growth lanscape 007 Woodchip installation 010-7100-410.34-05 8,190.00 9,500.00
006 Remove & upgrade calsense 343-8831-500.34-05 625.00
005 Remove & upgrade calsense 308-8831-500.34-05 685.00
135803 4/15/2022 Jim's backflow service JIMS033122 Repair backflow device 345-8831-500.34-05 75.00 75.00
135804 4/15/2022 Johnson, rob JOHNSON040522Reimb food 4 closed mtng 010-1100-411.31-20 54.10 54.10
135805 4/15/2022 Kaiser foundation health plan, inc 335231723672 May 2022 premium 085-0000-202.21-39 26,486.56 26,486.56
135806 4/15/2022 Lake hemet municipal water districtLHMWD040622DUtility water services 367-8831-500.35-10 146.65 1,112.46
LHMWD040622CUtility water services 302-8831-500.35-10 167.51
LHMWD040622BUtility water services 322-8831-500.35-10 754.35
LHMWD040622AUtility water services 367-8831-500.35-10 43.95
135807 4/15/2022 Marquez, ernest MARQUEZ040722Reimburse tuition 010-2500-425.31-20 349.99 349.99
135808 4/15/2022 Melendez consulting, inc.#0108-2022 March 2022 consulting svc 010-9600-960.34-05 3,000.00 3,000.00
135809 4/15/2022 Minuteman press, inc.59332 214 weekly notices 048-1400-414.36-10 174.32 174.32
135810 4/15/2022 New ramona cleaners NRC032222 Table runner dry cleaning 010-1100-411.31-20 119.98 119.98
135811 4/15/2022 O'reilly auto parts,inc.5531-466590A Remng bal of 5531-466590 055-4170-450.33-30 14.55 14.55
135812 4/15/2022 Online information services, inc.1118133 Utility exchange report 050-1400-414.34-05 77.90 450.73
1118133 Utility exchange report 055-1400-414.34-05 77.90
468300000343 Coll transactions fees 050-0000-308.09-10 294.93
135813 4/15/2022 Ortco, inc 22-062 Security fence rental 025-7252-410.34-05 1,500.00 37,400.00
3.A.3.a
Packet Pg. 30 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 19
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135813 4/15/2022 Ortco, inc 22-063 Demo & install @ rancho 025-7252-410.34-05 35,900.00 37,400.00
135814 4/15/2022 Overnight industrial supply,inc.22668 Cleaning supplies 010-4200-410.33-10 309.07 503.30
22669 Liners 025-7100-410.34-05 64.74
22669 Liners 025-7252-410.34-05 64.74
22669 Liners 376-8831-500.34-05 64.75
135815 4/15/2022 Pju telecomm, inc.31430 Telephone repairs 010-3100-431.33-10 190.31 190.31
135816 4/15/2022 Planetbids, inc.0422125 Pb sys vendor & bid mgmt 017-2290-418.34-05 4,234.32 4,234.32
135817 4/15/2022 Public trust advisors, llc 233306 Investment mgmt fee 010-2500-425.30-90 2,127.95 2,127.95
135818 4/15/2022 Regional conservation authority 040622MSHCP Mshcp fees march 2022 065-0000-201.08-81 58,160.00 58,160.00
135819 4/15/2022 Rightway site services, inc.299954 Rent & labor 3/30-4/26/22 010-3100-431.34-50 93.68 93.68
135820 4/15/2022 Riverside county PU0000005389 Fleet fuel feb 2022 010-2500-425.21-70 43.24 5,273.02
PU0000005389 Fleet fuel feb 2022 010-3320-431.21-70 292.91
PU0000005389 Fleet fuel feb 2022 011-3300-431.21-70 263.95
PU0000005389 Fleet fuel feb 2022 010-3100-431.21-70 383.14
PU0000005389 Fleet fuel feb 2022 055-4170-450.21-70 461.73
PU0000005389 Fleet fuel feb 2022 050-9000-450.21-70 956.54
PU0000005389 Fleet fuel feb 2022 010-4150-410.21-70 1,026.10
PU0000005389 Fleet fuel feb 2022 010-7100-410.21-70 828.72
PU0000005389 Fleet fuel feb 2022 010-4140-410.21-70 580.91
PU0000005389 Fleet fuel feb 2022 010-7101-410.21-70 435.78
135821 4/15/2022 Riverside county assessor-clerk-CLERK013122 Recordation services 400-0000-229.07-00 56.00 396.00
CLERK013122 Recordation services 179-9700-470.30-90 20.00
CLERK013122 Recordation services 010-3320-431.30-90 300.00
CLERK022822 Recordation services 179-9700-470.30-90 20.00
135822 4/15/2022 Riverside county sheriff departmentSH0000040743 Contract law bp #8 010-3100-431.34-04 778,520.89 883,699.13
SH0000040743 Contract law bp #8 010-3100-431.34-06 19,393.52
SH0000040743 Contract law bp #8 034-3100-431.34-04 85,784.72
135823 4/15/2022 Romeril plumbing & hardware 17692 Supplies 010-7101-410.21-12 100.80 1,651.82
17703 Supplies 010-7101-410.21-12 116.75
3.A.3.a
Packet Pg. 31 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 20
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135823 4/15/2022 Romeril plumbing & hardware 17738 Supplies 010-7101-410.21-12 130.83 1,651.82
17687 Supplies 345-8831-500.34-05 56.08
17687 Supplies 025-7100-410.34-05 45.50
17687 Supplies 025-7252-410.34-05 56.53
17676 Supplies 010-7400-425.33-10 84.22
17676 Supplies 025-7100-410.34-05 40.50
17676 Supplies 010-2500-425.33-10 30.71
17672 Supplies 010-7100-410.21-80 70.67
17672 Supplies 025-7100-410.34-05 66.97
17702 Supplies 323-8831-500.34-05 6.72
17702 Supplies 025-7100-410.34-05 32.35
17683 H75 ford key 010-3100-431.21-50 7.59
17718 Super glue 010-3100-431.21-50 3.25
17711 Supplies 010-2500-425.33-10 48.69
17711 Supplies 025-7100-410.34-05 113.45
17717 Supplies 025-7100-410.34-05 74.48
17739 Supplies 025-7100-410.34-05 116.88
17726 Supplies 025-7100-410.34-05 143.64
17726 Supplies 025-7100-410.34-05 11.74
17723 Supplies 025-7100-410.34-05 46.74
17723 Supplies 010-2500-425.33-10 14.97
17723 Supplies 025-7100-410.34-05 84.82
17730 Supplies 010-4150-410.21-12 54.15
17705 Supplies 010-4150-410.21-12 70.35
17740 Supplies 010-4150-410.21-12 22.44
135824 4/15/2022 Rose city label 155497 Junior police stars 010-3100-431.36-25 302.00 302.00
135825 4/15/2022 Row traffic safety inc 17424 Sign mount 010-4150-410.21-12 543.75 2,440.35
17423 Anchor w/ birdmount point 010-4150-410.21-12 1,896.60
135826 4/15/2022 Ruiz, crystal RUIZ041122 Meal per diem 010-1100-411.31-20 42.00 42.00
3.A.3.a
Packet Pg. 32 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 21
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135827 4/15/2022 Securtec district patrol, inc.0322-SJA March 2022 ticketing svc 056-4150-410.34-05 9,339.28 9,339.28
135828 4/15/2022 Southern california edison SCE041222 Electricity services 010-2500-414.36-97 5.57 9,398.35
SCE041222 Electricity services 010-4150-410.35-14 260.87
SCE041222 Electricity services 010-4200-410.35-14 17.74
SCE041222 Electricity services 025-7100-410.35-14 18.67
SCE041222 Electricity services 025-7250-410.35-14 176.31
SCE041222 Electricity services 025-7260-410.35-14 2,818.49
SCE041222 Electricity services 050-9000-450.35-14 1,297.37
SCE041222 Electricity services 055-4170-450.35-14 253.69
SCE041222 Electricity services 201-8850-500.35-14 167.94
SCE041222 Electricity services 301-8831-500.35-14 31.92
SCE041222 Electricity services 302-8831-500.35-14 18.53
SCE041222 Electricity services 303-8831-500.35-14 36.89
SCE041222 Electricity services 304-8831-500.35-14 41.83
SCE041222 Electricity services 305-8831-500.35-14 37.04
SCE041222 Electricity services 306-8831-500.35-14 37.65
SCE041222 Electricity services 309-8831-500.35-14 50.25
SCE041222 Electricity services 313-8831-500.35-14 38.89
SCE041222 Electricity services 316-8831-500.35-14 18.14
SCE041222 Electricity services 317-8831-500.35-14 18.32
SCE041222 Electricity services 321-8831-500.35-14 230.08
SCE041222 Electricity services 323-8831-500.35-14 55.88
SCE041222 Electricity services 325-8831-500.35-14 18.31
SCE041222 Electricity services 327-8831-500.35-14 29.53
SCE041222 Electricity services 329-8831-500.35-14 24.66
SCE041222 Electricity services 332-8831-500.35-14 -120.94
SCE041222 Electricity services 338-8831-500.35-14 63.73
SCE041222 Electricity services 353-8831-500.35-14 25.36
SCE041222 Electricity services 363-8831-500.35-14 20.58
3.A.3.a
Packet Pg. 33 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 22
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135828 4/15/2022 Southern california edison SCE041222 Electricity services 368-8831-500.35-14 54.61 9,398.35
SCE041222 Electricity services 309-8831-500.35-14 433.34
SCE041222 Electricity services 345-8831-500.35-14 1,123.60
SCE041222 Electricity services 321-8831-500.35-14 12.64
SCE041222 Electricity services 334-8831-500.35-14 111.84
SCE041222 Electricity services 376-8831-500.35-14 300.23
SCE041222 Electricity services 332-8831-500.35-14 153.04
SCE041222 Electricity services 310-8831-500.35-14 71.28
SCE041222 Electricity services 010-4150-410.35-14 570.33
SCE041222 Electricity services 010-4150-410.35-14 54.19
SCE041222 Electricity services 025-7260-410.35-14 467.44
SCE041222 Electricity services 309-8831-500.35-14 7.39
SCE041222 Electricity services 315-8831-500.35-14 4.94
SCE041222 Electricity services 322-8831-500.35-14 15.83
SCE041222 Electricity services 324-8831-500.35-14 27.84
SCE041222 Electricity services 326-8831-500.35-14 15.73
SCE041222 Electricity services 342-8831-500.35-14 10.82
SCE041222 Electricity services 354-8831-500.35-14 4.94
SCE041222 Electricity services 359-8831-500.35-14 11.71
SCE041222 Electricity services 367-8831-500.35-14 5.28
SCE041222 Electricity services 371-8831-500.35-14 4.94
SCE041222 Electricity services 373-8831-500.35-14 4.94
SCE041222 Electricity services 375-8831-500.35-14 6.02
SCE041222 Electricity services 403-8835-500.35-14 11.63
SCE041222 Electricity services 301-8831-500.35-14 22.51
SCE041222 Electricity services 309-8831-500.35-14 10.43
SCE041222 Electricity services 315-8831-500.35-14 12.04
SCE041222 Electricity services 345-8831-500.35-14 7.39
SCE041222 Electricity services 346-8831-500.35-14 7.39
3.A.3.a
Packet Pg. 34 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 23
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135828 4/15/2022 Southern california edison SCE041222 Electricity services 347-8831-500.35-14 17.53 9,398.35
SCE041222 Electricity services 349-8831-500.35-14 17.53
SCE041222 Electricity services 354-8831-500.35-14 12.04
SCE041222 Electricity services 359-8831-500.35-14 45.81
SCE041222 Electricity services 371-8831-500.35-14 12.04
SCE041222 Electricity services 373-8831-500.35-14 12.04
SCE041222 Electricity services 374-8831-500.35-14 9.18
SCE041222 Electricity services 375-8831-500.35-14 10.09
SCE041222 Electricity services 385-8831-500.35-14 17.09
SCE041222 Electricity services 386-8831-500.35-14 7.39
135829 4/15/2022 Southern california radar/laser 422121 Lidar certificates 024-3100-431.33-11 300.00 300.00
135830 4/15/2022 Staples business advantage, inc.3503477840 Office supplies 011-1700-417.21-10 29.35 1,431.86
3503477841 Office supplies 011-1700-417.21-10 28.81
3503477842 Office supplies 010-1200-412.21-10 54.14
3503477843 Office supplies 010-1110-411.21-10 54.18
3503477844 Office supplies 010-2500-425.21-10 173.04
3501982615 Office supplies 010-3100-431.21-10 41.04
3501982616 Office supplies 010-3100-431.21-10 167.67
3501982617 Office supplies 010-4200-410.21-10 875.64
3501982618 Office supplies 010-4200-410.21-10 7.99
135831 4/15/2022 Superion, llc (formerly sungard)350338 May 2022 maint fees 010-1400-414.34-05 5,072.38 5,072.38
135832 4/15/2022 Superior ready mix concrete, l.p.270493 Pump & mixer 010-4150-410.34-05 1,592.55 3,161.10
271178 Pump & mixer 025-7100-410.34-05 1,568.55
135833 4/15/2022 Talley metal supply, inc.51641 Sheet metal 010-7100-410.21-12 24.78 24.78
135834 4/15/2022 Tony's tires TONYSTIRE033122New tires 010-4140-410.33-50 430.00 430.00
135835 4/15/2022 Transamerica life insurance company2504558626 March 2022 premium 085-0000-202.21-59 176.32 176.32
135836 4/15/2022 Tri-state materials, inc 100530 Landscape materials 199-9999-425.40-01 1,608.19 1,608.19
100530 Landscape materials 199-9999-425.40-01 -1,608.19
100530 Landscape materials 199-9999-425.40-01 1,608.19
3.A.3.a
Packet Pg. 35 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 24
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135837 4/15/2022 Unitedhealthcare ins (ppo)8195696027823 April 2022 premium 085-0000-202.21-39 925.56 925.56
135838 4/15/2022 Voyager fleet systems, inc.8691587092213 Fleet fuel 024-3100-431.21-70 339.19 3,527.41
8691587092213 Fleet fuel 055-4170-450.21-70 926.46
8691587092213 Fleet fuel 050-9000-450.21-70 832.42
8691587092213 Fleet fuel 010-4150-410.21-70 502.54
8691587092213 Fleet fuel 010-4140-410.21-70 926.80
135839 4/15/2022 West coast arborists, inc 184264 Crew rental 319-8831-500.34-05 1,728.00 23,692.00
184267 Grid pruning & tree remvl 345-8831-500.34-05 6,994.00
183597 Grid pruning & tree remvl 308-8831-500.34-05 10,164.00
183886 Grid pruning 351-8831-500.34-05 4,806.00
135840 4/15/2022 Western riverside council 1125 Clean cty coalition dues 063-4150-410.30-90 6,000.00 10,561.26
1111 Solid waste cooperation 010-2500-425.30-90 4,561.26
135841 4/15/2022 Windstream (formerly paetec)74667191 Telephone service 010-3100-431.35-16 1,263.20 1,263.20
135842 4/15/2022 Wregis WR31657 Annual fee 048-1400-414.34-05 125.00 125.00
135843 4/15/2022 Zions bank ZION041322 Water loan payment 050-8800-450.60-10 140,032.34 144,007.17
ZION041322 Water loan payment 050-8800-450.60-15 3,974.83
135844 4/22/2022 Al's kubota tractor 227328 Antifreeze 010-4150-410.33-30 34.17 34.17
135845 4/22/2022 Alliance diesel, inc.3348 Bit report 050-9000-450.33-50 130.00 130.00
135846 4/22/2022 Allied global security services 0258 Standing guard security 199-9999-425.40-01 1,130.50 1,130.50
0258 Standing guard security 199-9999-425.40-01 -1,130.50
0258 Standing guard security 199-9999-425.40-01 1,130.50
135847 4/22/2022 Am-tec total security inc 622649 Verkada camera system 199-9999-425.40-01 9,513.97 9,513.97
622649 Verkada camera system 199-9999-425.40-01 -9,513.97
622649 Verkada camera system 199-9999-425.40-01 9,513.97
135848 4/22/2022 Appleone employment services 01-6268020 W/e 04/09/22 010-1110-411.10-04 932.48 932.48
135849 4/22/2022 Aramark uniform service 588000445672 Floor mats 010-4200-410.34-05 46.25 1,646.61
588000451498 Floor mats 010-4200-410.34-05 46.25
588000445677 Uniform service 010-4150-410.21-35 89.79
588000451491 Uniform service 010-7101-410.21-35 9.01
3.A.3.a
Packet Pg. 36 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 25
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135849 4/22/2022 Aramark uniform service 588000451491 Uniform service 010-7100-410.21-35 51.45 1,646.61
588000451515 Uniform service 010-4150-410.21-35 248.39
588000445680 Uniform service 010-4140-410.21-35 27.04
588000445680 Uniform service 055-4170-450.21-35 40.46
588000445680 Uniform service 010-4200-410.21-35 11.17
588000445680 Uniform service 050-9000-450.21-35 145.15
588000451523 Uniform service 010-4140-410.21-35 27.03
588000451523 Uniform service 055-4170-450.21-35 333.34
588000451523 Uniform service 010-4200-410.21-35 11.17
588000451523 Uniform service 050-9000-450.21-35 362.81
588000440273 Uniform service 010-4140-410.21-35 27.03
588000440273 Uniform service 055-4170-450.21-35 80.24
588000440273 Uniform service 010-4200-410.21-35 11.17
588000440273 Uniform service 050-9000-450.21-35 78.86
135850 4/22/2022 Asa hawkins & lam stotelmyre WATER041122 Refund water deposit 050-0000-229.08-70 59.34 59.34
135851 4/22/2022 B & w pipe & supply 170615 Tractor scoop 025-7100-410.34-05 57.09 154.97
170671 Concrete brick red 025-7100-410.34-05 6.79
170603 Concrete & valve box 025-7100-410.34-05 91.09
135852 4/22/2022 Bank of america business card BOA041922 Galls 024-3100-431.21-35 545.06 689.09
BOA041922 Walmart 010-3100-431.21-10 24.40
BOA041922 Amazon.com 010-3100-431.21-35 119.63
135853 4/22/2022 Bank of america business card BOA041922 Amazon.com 024-3100-431.21-35 914.44 914.44
135854 4/22/2022 Bank of america business card BOA041922 Amazon 010-4150-410.21-12 65.24 1,426.44
BOA041922 Amazon 199-9999-425.40-01 761.20
BOA041922 Amazon 199-9999-425.40-01 -761.20
BOA041922 Amazon 199-9999-425.40-01 761.20
BOA041922 Sunbelt rentals 010-7100-410.33-30 600.00
135855 4/22/2022 Bank of america business card BOA041922 Staples 010-3100-431.21-10 137.00 846.16
BOA041922 Amazon 024-3100-431.21-35 709.16
3.A.3.a
Packet Pg. 37 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 26
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135856 4/22/2022 Bank of america business card BOA041922 National fitness campaign 010-9500-950.30-90 430.25 1,818.50
BOA041922 National fitness campaign 010-0000-201.20-45 -5.68
BOA041922 National notary assoc 010-3320-431.21-10 21.96
BOA041922 National notary assoc 010-0000-201.20-45 -0.11
BOA041922 Monarch residential 010-3320-431.31-20 295.00
BOA041922 Eb code enforcement 010-3320-431.31-20 495.00
BOA041922 Icc 011-3300-431.30-16 265.00
BOA041922 Calbo 011-3300-431.30-16 295.00
BOA041922 Walmart 010-9500-950.30-90 22.08
135857 4/22/2022 Bank of america business card BOA041922 Ie-shrm 010-1210-412.31-20 20.00 498.49
BOA041922 Ie-shrm 010-1210-412.31-20 20.00
BOA041922 Amazon 010-1210-412.21-10 21.54
BOA041922 Amazon 010-1210-412.21-10 66.95
BOA041922 Ie-shrm 010-1210-412.31-20 70.00
BOA041922 Pihra 010-1210-412.31-20 300.00
135858 4/22/2022 Bank of america business card BOA041922 Amazon 050-9000-450.21-12 27.15 425.77
BOA041922 Amazon 010-7100-410.21-80 398.62
135859 4/22/2022 Bank of america business card BOA041922 Zoom 010-1200-412.30-90 54.99 3,360.17
BOA041922 Lowes 199-9999-425.40-01 1,172.90
BOA041922 Tractor supply 199-9999-425.40-01 913.46
BOA041922 Digitalbuyer.com 010-2500-425.21-10 362.60
BOA041922 Amazon 010-2500-425.21-10 24.86
BOA041922 Vista print 010-9500-950.36-10 45.65
BOA041922 American airlines 010-1200-412.31-20 30.00
BOA041922 Lyft 010-1200-412.31-20 58.66
BOA041922 American airlines 010-1200-412.31-20 30.00
BOA041922 Lyft 010-1200-412.31-20 45.75
BOA041922 Ontario airport 010-1200-412.31-20 84.00
BOA041922 Sheraton dallas 010-1200-412.31-20 537.30
3.A.3.a
Packet Pg. 38 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 27
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135860 4/22/2022 Bank of america business card BOA042022 Amazon 055-4170-450.21-35 36.96 1,424.51
BOA042022 Amazon 010-0000-201.20-45 -0.34
BOA042022 Costco 050-9000-450.21-35 97.82
BOA042022 Costco 010-0000-201.20-45 -0.90
BOA042022 Cues inc 055-4170-450.30-90 900.00
BOA042022 Amazon 050-9000-450.21-35 369.64
BOA042022 Amazon 010-0000-201.20-45 -3.44
BOA042022 Amazon 050-9000-450.21-12 25.00
BOA042022 Amazon 010-0000-201.20-45 -0.23
135861 4/22/2022 Best best & krieger, llp BBK032322 Total general fund 010-1111-411.30-90 19,421.68 27,176.26
BBK032322 Total econ dev 010-9600-960.30-90 3,642.00
BBK032322 Total agreement 011-1700-417.30-90 355.50
BBK032322 Total agreement 065-0000-211.21-31 1,104.00
BBK032322 Cdbg (non-reimburseable)199-9999-425.40-01 1,423.44
BBK032322 Esplanade widening row 199-9999-425.40-01 385.20
BBK032322 Shaver st signal imprvmnt 199-9999-425.40-01 583.74
BBK032322 Cfd 2020-1 400-0000-229.07-00 260.70
135862 4/22/2022 Bowman signs 2205 Rmv & replace door decals 199-9999-425.40-01 135.94 2,865.57
2205 Rmv & replace door decals 199-9999-425.40-01 -135.94
2205 Rmv & replace door decals 199-9999-425.40-01 135.94
2204 Frost payment windows 199-9999-425.40-01 462.19
2204 Frost payment windows 199-9999-425.40-01 -462.19
2204 Frost payment windows 199-9999-425.40-01 462.19
2203 Decals for office doors 010-2500-425.33-10 1,305.00
2206 Window panes 199-9999-425.40-01 309.94
2206 Window panes 199-9999-425.40-01 -309.94
2206 Window panes 199-9999-425.40-01 309.94
2206 Window pane & door decal 010-2500-425.33-10 652.50
135863 4/22/2022 Cellhire usa llc 2997895 Rental of small iridium 010-3130-431.21-18 48.11 96.22
3.A.3.a
Packet Pg. 39 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 28
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135863 4/22/2022 Cellhire usa llc 2997896 Rental of small iridium 010-3130-431.21-18 48.11 96.22
135864 4/22/2022 Cr&r incorporated 290020120040122Svc period 4/1/22-6/30/22 010-6500-425.34-05 86.73 86.73
135865 4/22/2022 Cricket consulting 1082 Vfd noise in flow meter 050-9000-450.30-90 758.00 758.00
135866 4/22/2022 Crossflow distributing, inc.7C2-B041322 Drinking water service 010-2500-425.21-10 45.00 93.00
7C2-A041322 Drinking water service 010-3100-431.21-10 48.00
135867 4/22/2022 D.m.c. tree care, inc 2056 Brush & debris clean up 322-8831-500.34-05 1,400.00 3,825.00
2055 Remove tree stumps 025-7100-410.34-05 575.00
2051 Remove tree stump 025-7100-410.34-05 1,650.00
2053 Remove broken tree limb 010-4150-410.34-05 200.00
135868 4/22/2022 Dave's hauling 4102022 Street clean up 010-3320-431.34-05 420.00 420.00
135869 4/22/2022 Dolores guzman WATER041122 Refund water deposit 050-0000-229.08-70 167.04 172.23
WATER041122 Refund credit balance 050-0000-308.09-10 5.19
135870 4/22/2022 Eastern municipal water district EMWD041922 Water utility services 010-7100-410.35-10 38.59 1,824.19
EMWD041922 Water utility services 025-7250-410.35-10 145.75
EMWD041922 Water utility services 310-8831-500.35-10 159.22
EMWD041922 Water utility services 311-8831-500.35-10 322.30
EMWD041922 Water utility services 321-8831-500.35-10 579.47
EMWD041922 Water utility services 331-8831-500.35-10 173.42
EMWD041922 Water utility services 334-8831-500.35-10 38.59
EMWD041922 Water utility services 339-8831-500.35-10 40.07
EMWD041922 Water utility services 351-8831-500.35-10 182.71
EMWD041922 Water utility services 376-8831-500.35-10 144.07
135871 4/22/2022 Espinosa, cynthia ESPINOSA041822Reimburse h/d/v expenses 010-2500-425.11-90 176.00 176.00
135872 4/22/2022 Espinoza, julia ESPINOZA041822Reimb mileage & parking 010-1110-411.31-20 81.35 81.35
135873 4/22/2022 Ewing incorporation 16294672 Green valve box 025-7100-410.34-05 117.21 117.21
135874 4/22/2022 Executive image landscape & maint668 Valve checks march 2022 025-7252-410.34-05 78.00 31,569.00
668 Valve checks march 2022 025-7252-410.34-05 30.00
668 Valve checks march 2022 025-7252-410.34-05 24.00
668 Valve checks march 2022 025-7250-410.34-05 42.00
3.A.3.a
Packet Pg. 40 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 29
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135874 4/22/2022 Executive image landscape & maint668 Valve checks march 2022 388-8831-500.34-05 6.00 31,569.00
668 Valve checks march 2022 025-7252-410.34-05 30.00
668 Valve checks march 2022 025-7252-410.34-05 42.00
668 Valve checks march 2022 025-7250-410.34-05 54.00
668 Valve checks march 2022 025-7252-410.34-05 102.00
668 Valve checks march 2022 010-7100-410.34-05 24.00
668 Valve checks march 2022 025-7252-410.34-05 162.00
668 Valve checks march 2022 025-7252-410.34-05 306.00
668 Valve checks march 2022 334-8831-500.34-05 18.00
668 Valve checks march 2022 339-8831-500.34-05 72.00
668 Valve checks march 2022 320-8831-500.34-05 198.00
668 Valve checks march 2022 025-7251-410.34-05 126.00
668 Valve checks march 2022 316-8831-500.34-05 12.00
668 Valve checks march 2022 025-7250-410.34-05 12.00
668 Valve checks march 2022 319-8831-500.34-05 18.00
668 Valve checks march 2022 025-7250-410.34-05 72.00
659 Valve checks march 2022 302-8831-500.34-05 24.00
659 Valve checks march 2022 310-8831-500.34-05 48.00
659 Valve checks march 2022 331-8831-500.34-05 72.00
659 Valve checks march 2022 317-8831-500.34-05 6.00
659 Valve checks march 2022 010-7100-410.34-05 66.00
659 Valve checks march 2022 025-7100-410.34-05 24.00
659 Valve checks march 2022 025-7250-410.34-05 18.00
659 Valve checks march 2022 025-7250-410.34-05 48.00
659 Valve checks march 2022 025-7100-410.34-05 54.00
659 Valve checks march 2022 339-8831-500.34-05 72.00
659 Valve checks march 2022 367-8831-500.34-05 102.00
659 Valve checks march 2022 025-7252-410.34-05 42.00
659 Valve checks march 2022 025-7252-410.34-05 24.00
3.A.3.a
Packet Pg. 41 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 30
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135874 4/22/2022 Executive image landscape & maint659 Valve checks march 2022 025-7252-410.34-05 18.00 31,569.00
659 Valve checks march 2022 322-8831-500.34-05 240.00
659 Valve checks march 2022 309-8831-500.34-05 72.00
659 Valve checks march 2022 025-7252-410.34-05 36.00
659 Valve checks march 2022 025-7100-410.34-05 36.00
659 Valve checks march 2022 025-7250-410.34-05 48.00
659 Valve checks march 2022 025-7250-410.34-05 18.00
659 Valve checks march 2022 025-7250-410.34-05 6.00
659 Valve checks march 2022 025-7250-410.34-05 30.00
659 Valve checks march 2022 025-7100-410.34-05 120.00
659 Valve checks march 2022 010-7100-410.34-05 96.00
659 Valve checks march 2022 304-8831-500.34-05 60.00
659 Valve checks march 2022 368-8831-500.34-05 12.00
677 Maintenance march 2022 025-7250-410.34-05 84.00
677 Maintenance march 2022 010-7100-410.34-05 306.00
677 Maintenance march 2022 025-7250-410.34-05 66.00
677 Maintenance march 2022 025-7250-410.34-05 66.00
677 Maintenance march 2022 010-7100-410.34-05 66.00
677 Maintenance march 2022 025-7250-410.34-05 66.00
677 Maintenance march 2022 025-7100-410.34-05 528.00
677 Maintenance march 2022 025-7250-410.34-05 72.00
677 Maintenance march 2022 025-7250-410.34-05 300.00
677 Maintenance march 2022 025-7100-410.34-05 360.00
677 Maintenance march 2022 025-7250-410.34-05 360.00
677 Maintenance march 2022 025-7100-410.34-05 540.00
677 Maintenance march 2022 025-7250-410.34-05 210.00
677 Maintenance march 2022 025-7250-410.34-05 48.00
677 Maintenance march 2022 025-7250-410.34-05 60.00
677 Maintenance march 2022 025-7100-410.34-05 540.00
3.A.3.a
Packet Pg. 42 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 31
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135874 4/22/2022 Executive image landscape & maint677 Maintenance march 2022 025-7250-410.34-05 780.00 31,569.00
677 Maintenance march 2022 025-7250-410.34-05 600.00
677 Maintenance march 2022 010-7100-410.34-05 420.00
677 Maintenance march 2022 025-7252-410.34-05 720.00
677 Maintenance march 2022 025-7252-410.34-05 9,120.00
677 Maintenance march 2022 025-7100-410.34-05 780.00
677 Maintenance march 2022 025-7251-410.34-05 1,020.00
677 Maintenance march 2022 025-7250-410.34-05 240.00
677 Maintenance march 2022 010-7100-410.34-05 300.00
677 Maintenance march 2022 302-8831-500.34-05 216.00
677 Maintenance march 2022 309-8831-500.34-05 1,488.00
677 Maintenance march 2022 310-8831-500.34-05 216.00
677 Maintenance march 2022 316-8831-500.34-05 48.00
677 Maintenance march 2022 317-8831-500.34-05 60.00
677 Maintenance march 2022 319-8831-500.34-05 180.00
677 Maintenance march 2022 320-8831-500.34-05 1,506.00
677 Maintenance march 2022 322-8831-500.34-05 1,363.20
677 Maintenance march 2022 331-8831-500.34-05 390.00
677 Maintenance march 2022 334-8831-500.34-05 480.00
677 Maintenance march 2022 339-8831-500.34-05 144.00
677 Maintenance march 2022 367-8831-500.34-05 360.00
677 Maintenance march 2022 368-8831-500.34-05 46.80
677 Maintenance march 2022 388-8831-500.34-05 120.00
677 Maintenance march 2022 025-7250-410.34-05 480.00
677 Maintenance march 2022 050-9000-450.34-05 210.00
676 Irrigation repairs 309-8831-500.34-05 28.00
675 Irrigation repairs 320-8831-500.34-05 85.00
671 Irrigation repairs 316-8831-500.34-05 600.00
669 Irrigation repairs 025-7100-410.34-05 330.00
3.A.3.a
Packet Pg. 43 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 32
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135874 4/22/2022 Executive image landscape & maint673 Irrigation repairs 025-7252-410.34-05 40.00 31,569.00
672 Irrigation repairs 025-7100-410.34-05 80.00
674 Irrigation repairs 025-7252-410.34-05 20.00
667 Installation 025-7100-410.34-05 2,606.00
135875 4/22/2022 Fedex corporation 7-718-01039 Freight 065-0000-211.21-02 45.49 84.40
7-709-87724 Freight 065-0000-211.21-02 38.91
135876 4/22/2022 Figueroa, david FIGUEROA041822Reimburse h/d/v expenses 010-2500-425.11-90 110.00 110.00
135877 4/22/2022 Fm lock and safe,inc.98523 Duplicate keys 025-7100-410.34-05 8.70 8.70
135878 4/22/2022 Frontier communications FRONTIER041822Telephone services 010-6100-425.35-16 52.84 137.48
FRONTIER041822Telephone services 050-9000-450.35-16 84.64
135879 4/22/2022 Gha technologies,inc.101208247 Adobe acrobat pro dc 017-2290-418.34-05 73.40 73.40
135880 4/22/2022 Harbor freight tools 979842 Nitrile gloves 055-4170-450.21-12 239.00 239.00
135881 4/22/2022 Hasa inc 807054 Multi-chlor 050-9000-450.21-12 452.10 1,038.15
807052 Multi-chlor 050-9000-450.21-12 318.14
807050 Multi-chlor 050-9000-450.21-12 267.91
135882 4/22/2022 Hernandez, yaneli HERNANDEZ041822Reimburse h/d/v expenses 010-2500-425.11-90 575.41 575.41
135883 4/22/2022 Hinderliter, de llamas & assoc SIN016060 March 2022 services 065-0000-211.21-02 2,500.00 2,500.00
135884 4/22/2022 Hitchcock, kimberly HITCHCOCK041422Reimb lunch meeting 010-1210-412.30-90 135.00 135.00
135885 4/22/2022 Home depot credit services 9125238 Maxblue shock 010-7101-410.21-12 39.13 942.12
9010067 Concrete blocks 010-4150-410.21-12 294.21
8512163 Parts & supplies 050-9000-450.21-12 158.24
5010313 Supplies 010-4150-410.21-12 450.54
135886 4/22/2022 Huster, david HUSTER041922Reimburse work boots 011-3300-431.21-35 259.43 259.43
135887 4/22/2022 Inland empire landscape, inc.38382 Irrigation repairs 025-7100-410.34-05 225.00 5,553.00
38382 Irrigation repairs 321-8831-500.34-05 185.00
38382 Irrigation repairs 346-8831-500.34-05 30.00
38382 Irrigation repairs 329-8831-500.34-05 460.00
38382 Irrigation repairs 301-8831-500.34-05 28.00
38382 Irrigation repairs 025-7250-410.34-05 7.00
3.A.3.a
Packet Pg. 44 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 33
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135887 4/22/2022 Inland empire landscape, inc.38382 Irrigation repairs 025-7250-410.34-05 102.00 5,553.00
38382 Irrigation repairs 359-8831-500.34-05 288.00
38382 Irrigation repairs 345-8831-500.34-05 280.00
38382 Irrigation repairs 307-8831-500.34-05 140.00
38382 Irrigation repairs 326-8831-500.34-05 347.00
38382 Irrigation repairs 349-8831-500.34-05 28.00
38382 Irrigation repairs 323-8831-500.34-05 240.00
38382 Irrigation repairs 308-8831-500.34-05 470.00
38382 Irrigation repairs 313-8831-500.34-05 205.00
38382 Irrigation repairs 376-8831-500.34-05 460.00
38382 Irrigation repairs 355-8831-500.34-05 306.00
38382 Irrigation repairs 305-8831-500.34-05 87.00
38382 Irrigation repairs 306-8831-500.34-05 35.00
38382 Irrigation repairs 327-8831-500.34-05 104.00
38382 Irrigation repairs 362-8831-500.34-05 79.00
38382 Irrigation repairs 351-8831-500.34-05 240.00
38382 Irrigation repairs 303-8831-500.34-05 62.00
38382 Irrigation repairs 386-8831-500.34-05 90.00
38382 Irrigation repairs 330-8831-500.34-05 66.00
38382 Irrigation repairs 325-8831-500.34-05 30.00
38382 Irrigation repairs 353-8831-500.34-05 90.00
38382 Irrigation repairs 343-8831-500.34-05 737.00
38382 Irrigation repairs 311-8831-500.34-05 65.00
38382 Irrigation repairs 341-8831-500.34-05 67.00
135888 4/22/2022 Innovative growth lanscape 009 Woodchip installation 341-8831-500.34-05 4,650.00 9,550.00
008 Woodchip installation 338-8831-500.34-05 4,900.00
135889 4/22/2022 Lift energy construction inc 041922REFUNDRefnd permit #22-00301 011-0000-303.02-21 173.56 190.82
041922REFUNDRefnd permit #22-00301 011-0000-308.06-01 2.23
041922REFUNDRefnd permit #22-00301 011-0000-308.06-30 15.03
3.A.3.a
Packet Pg. 45 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 34
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135890 4/22/2022 Luwanna warren WATER041122 Refund water deposit 050-0000-229.08-70 70.79 70.79
135891 4/22/2022 Marquez, ernest MARQUEZ041422Reimb class b lic renewal 055-4170-450.31-20 50.00 50.00
135892 4/22/2022 Martinez, ramon MARTINEZ041822Reimburse h/d/v expenses 010-2500-425.11-90 10.80 10.80
135893 4/22/2022 Maupin, marcee MAUPIN041822 Reimburse h/d/v expenses 010-2500-425.11-90 495.25 495.25
135894 4/22/2022 Mfi recovery center WATER041122 Refund water deposit 050-0000-229.08-70 124.19 124.19
135895 4/22/2022 Minuteman press, inc.59597 141 weekly notices 048-1400-414.36-10 136.37 136.37
135896 4/22/2022 Miracle recreation equipment co inc840414 Park slide 025-7100-410.34-05 7,651.31 35,260.35
840413 Park play structure 338-8831-500.34-05 27,609.04
135897 4/22/2022 Multi w systems, inc.32230431 Thompson trailer pump 010-4140-410.40-45 25,178.22 85,178.22
32230431 Thompson trailer pump 199-9999-425.40-01 60,000.00
135898 4/22/2022 Nearmap us, inc INV00535494 Annual subscriptions 017-2290-418.34-05 8,000.00 8,000.00
135899 4/22/2022 Neogov INV-23715 License renewals 017-2290-418.34-05 8,057.45 8,057.45
135900 4/22/2022 O'reilly auto parts,inc.5531-200599 Bluedef 055-4170-450.33-50 32.60 32.60
135901 4/22/2022 Ortco, inc 22-086 Recreation equip install 338-8831-500.34-05 11,550.00 11,550.00
135902 4/22/2022 Osborn, mathew OSBORN041822Reimburse mileage 011-1700-417.31-20 393.71 393.71
135903 4/22/2022 Overnight industrial supply,inc.22715 Cleaning supplies 025-7100-410.34-05 125.20 375.62
22715 Cleaning supplies 025-7252-410.34-05 125.20
22715 Cleaning supplies 376-8831-500.34-05 125.22
135904 4/22/2022 Padilla, miguel PADILLA041922Reimb cwea exam & mmbrshp055-4170-450.31-20 180.00 285.00
PADILLA041822Reimburse h/d/v expenses 010-2500-425.11-90 105.00
135905 4/22/2022 Plumbers depot, inc.PD-50730 Debris grabber 055-4170-450.21-12 202.96 4,838.43
PD-50793 Nozzles 055-4170-450.33-30 4,635.47
135906 4/22/2022 Press enterprise 0000539350 Legal advertising 065-0000-211.21-02 389.60 5,674.30
0000539350 Legal advertising 065-0000-211.21-02 575.50
0000539350 Legal advertising 033-0000-229.07-00 781.20
0000539350 Legal advertising 400-0000-229.07-00 2,823.00
0000539350 Legal advertising 048-2290-418.30-90 581.00
0000539350 Legal advertising 048-2290-418.30-90 524.00
3.A.3.a
Packet Pg. 46 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 35
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135907 4/22/2022 Ramona humane society, inc.COSJ33122 March 2022 services 010-3320-431.34-05 21,587.44 21,587.44
135908 4/22/2022 Rightway site services, inc.299956 Rent & labor 3/29-4/25/22 010-4200-410.34-05 401.25 401.25
135909 4/22/2022 Riverside county assessor-clerk-CLERK033122 March 2022 recordation 065-0000-211.21-02 50.00 100.00
CLERK033122 March 2022 recordation 065-0000-211.21-02 50.00
135910 4/22/2022 Riverside county fire department 041922CITYPROJPlan check fee 199-9999-425.40-01 696.00 696.00
135911 4/22/2022 Rogers,anderson,malody & scott, llp70164 Fy 20/21 audit 010-1400-414.30-90 7,850.00 7,850.00
135912 4/22/2022 Romeril plumbing & hardware 17674 Supplies 050-9000-450.21-12 65.28 274.66
17709 Supplies 010-4140-410.21-12 79.62
17684 Supplies 010-4140-410.21-12 129.76
135913 4/22/2022 Row traffic safety inc 17430 Street signs 010-4150-410.34-05 389.33 415.06
17426 Fitness court sign 010-4150-410.34-05 25.73
135914 4/22/2022 Sherry ramos WATER041122 Refund water deposit 050-0000-229.08-70 114.02 114.02
135915 4/22/2022 Southern california edison SCE041822 Electricity services 010-2500-425.35-14 2,144.71 3,505.33
SCE041822 Electricity services 025-7100-410.35-14 -41.74
SCE041822 Electricity services 025-7260-410.35-14 190.68
SCE041822 Electricity services 307-8831-500.35-14 126.11
SCE041822 Electricity services 308-8831-500.35-14 -21.90
SCE041822 Electricity services 320-8831-500.35-14 -78.62
SCE041822 Electricity services 326-8831-500.35-14 -191.74
SCE041822 Electricity services 329-8831-500.35-14 -39.29
SCE041822 Electricity services 365-8831-500.35-14 -36.17
SCE041822 Electricity services 376-8831-500.35-14 163.14
SCE041822 Electricity services 346-8831-500.35-14 202.26
SCE041822 Electricity services 010-4150-410.35-14 798.72
SCE041822 Electricity services 010-4150-410.35-14 22.09
SCE041822 Electricity services 301-8831-500.35-14 17.49
SCE041822 Electricity services 308-8831-500.35-14 4.47
SCE041822 Electricity services 319-8832-500.35-14 5.33
SCE041822 Electricity services 327-8831-500.35-14 5.98
3.A.3.a
Packet Pg. 47 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 36
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135915 4/22/2022 Southern california edison SCE041822 Electricity services 330-8831-500.35-14 4.86 3,505.33
SCE041822 Electricity services 334-8831-500.35-14 1.06
SCE041822 Electricity services 335-8831-500.35-14 1.21
SCE041822 Electricity services 336-8831-500.35-14 1.39
SCE041822 Electricity services 337-8831-500.35-14 0.78
SCE041822 Electricity services 339-8831-500.35-14 1.52
SCE041822 Electricity services 340-8831-500.35-14 4.47
SCE041822 Electricity services 342-8831-500.35-14 0.60
SCE041822 Electricity services 346-8831-500.35-14 4.47
SCE041822 Electricity services 347-8831-500.35-14 2.76
SCE041822 Electricity services 349-8831-500.35-14 2.76
SCE041822 Electricity services 350-8831-500.35-14 5.98
SCE041822 Electricity services 351-8831-500.35-14 19.56
SCE041822 Electricity services 357-8831-500.35-14 4.47
SCE041822 Electricity services 359-8831-500.35-14 17.49
SCE041822 Electricity services 366-8831-500.35-14 4.86
SCE041822 Electricity services 374-8831-500.35-14 4.86
SCE041822 Electricity services 376-8831-500.35-14 5.98
SCE041822 Electricity services 308-8831-500.35-14 7.17
SCE041822 Electricity services 319-8832-500.35-14 11.22
SCE041822 Electricity services 327-8831-500.35-14 9.42
SCE041822 Electricity services 330-8831-500.35-14 12.22
SCE041822 Electricity services 340-8831-500.35-14 7.17
SCE041822 Electricity services 346-8831-500.35-14 7.17
SCE041822 Electricity services 350-8831-500.35-14 9.42
SCE041822 Electricity services 351-8831-500.35-14 39.91
SCE041822 Electricity services 357-8831-500.35-14 7.17
SCE041822 Electricity services 366-8831-500.35-14 12.22
SCE041822 Electricity services 374-8831-500.35-14 12.22
3.A.3.a
Packet Pg. 48 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 37
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135915 4/22/2022 Southern california edison SCE041822 Electricity services 376-8831-500.35-14 9.42 3,505.33
135916 4/22/2022 Ssd alarm R-00364538 May 2022 alarm service 010-6500-425.34-05 38.00 648.50
R-00364538 May 2022 alarm service 010-2500-425.34-05 124.00
R-00364538 May 2022 alarm service 050-9000-450.34-05 191.50
R-00364538 May 2022 alarm service 010-4200-410.34-05 217.50
R-00364538 May 2022 alarm service 010-3100-431.34-05 77.50
135917 4/22/2022 Studio onextreme 1823 Large scale mural 131-2510-425.40-22 8,000.00 8,000.00
135918 4/22/2022 Sullens, preston SULLENS041822Reimburse h/d/v expenses 010-2500-425.11-90 111.39 111.39
135919 4/22/2022 Superior ready mix concrete, l.p.271950 Fill sand 050-9000-450.21-12 377.47 2,218.15
271949 Fill sand 050-9000-450.21-12 356.13
272761 Pump& mixer 010-4150-410.34-05 1,484.55
135920 4/22/2022 The altum group 7536 Proj mgmt dev review 011-1700-417.30-90 1,971.50 2,084.00
7535 Proj mgmt dev review 011-1700-417.30-90 112.50
135921 4/22/2022 Time warner cable 0543731041022 Internet service 017-2290-418.34-20 36.52 36.52
135922 4/22/2022 Tony's tires TONYSTIRE041322Tire patch and mounting 050-9000-450.33-50 45.00 45.00
135923 4/22/2022 Totalplan business interiors, inc.083149 Fire proof lateral file 010-1210-412.40-45 4,252.13 4,252.13
135924 4/22/2022 Tri lake consultants, inc.76948 General engineering svcs 010-4100-410.30-90 9,830.69 44,624.24
76949 Esplanade widening 199-9999-425.40-01 150.00
76950 State st line e-2 199-9999-425.40-01 4,933.75
76951 Emwd misc encroachments 011-4100-410.30-90 424.31
76952 Tr 30035 precise grading 065-0000-211.21-21 220.00
76953 San jac @ shaver tfc sgnl 199-9999-425.40-01 825.00
76954 Citywide slurry seal 199-9999-425.40-01 16,766.90
76955 Mountain ave rehab 199-9999-425.40-01 4,435.00
76956 San jac st pave/sw improv 199-9999-425.40-01 4,390.00
76957 Emwd ep 210216-1 065-0000-211.21-21 1,155.16
76958 Pm #33137 vacation of row 065-0000-211.21-02 240.00
76959 Fitness court 199-9999-425.40-01 1,253.43
76959 Fitness court 199-9999-425.40-01 -1,253.43
3.A.3.a
Packet Pg. 49 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 38
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135924 4/22/2022 Tri lake consultants, inc.76959 Fitness court 199-9999-425.40-01 1,253.43 44,624.24
135925 4/22/2022 Tri-state materials, inc 100756 Cali gld dg blend granite 199-9999-425.40-01 2,839.60 8,513.36
100756 Cali gld dg blend granite 199-9999-425.40-01 -2,839.60
100756 Cali gld dg blend granite 199-9999-425.40-01 2,839.60
100671 Cali gld dg blend granite 199-9999-425.40-01 5,673.76
100671 Cali gld dg blend granite 199-9999-425.40-01 -5,673.76
100671 Cali gld dg blend granite 199-9999-425.40-01 5,673.76
135926 4/22/2022 Tyler technologies, inc 025-375406 Implementation cnslt svc 011-1700-417.30-90 24,660.00 24,660.00
135927 4/22/2022 Usa blue book 941156 Meter adapters 050-9000-450.33-30 12,150.75 12,464.72
942692 Meter gasket rubber 050-9000-450.21-12 313.97
135928 4/22/2022 Willette, mitchell WILLETTE041822Reimburse h/d/v expenses 010-2500-425.11-90 594.18 594.18
135929 4/29/2022 American forensic nurses, inc.75944 4 blood draws 010-3100-431.34-05 244.88 244.88
135930 4/29/2022 Anady's trophies, inc.116932 Diamond award 010-3100-431.21-10 92.44 187.60
116664 Picture plates 010-2500-425.21-10 95.16
135931 4/29/2022 Andy gump, inc.INV915262 Fence rent 4/20-5/17/22 010-9600-960.34-05 92.92 92.92
135932 4/29/2022 Aramark uniform service 588000456668 Floor mats 010-4200-410.34-05 46.25 585.28
588000445670 Uniform service 010-7101-410.21-35 9.01
588000445670 Uniform service 010-7100-410.21-35 47.84
588000456692 Uniform service 010-4140-410.21-35 27.04
588000456692 Uniform service 055-4170-450.21-35 287.74
588000456692 Uniform service 010-4200-410.21-35 11.17
588000456692 Uniform service 050-9000-450.21-35 65.49
588000456683 Uniform service 010-4150-410.21-35 36.05
588000456666 Uniform service 010-7101-410.21-35 9.01
588000456666 Uniform service 010-7100-410.21-35 45.68
135933 4/29/2022 B & w pipe & supply 170820 Straw hats 050-9000-450.21-12 30.00 273.66
170820 Straw hats 050-9000-450.21-35 55.48
170746 Compost tractor scoop 025-7100-410.34-05 28.55
170778 Flags & pipe cutter 010-7100-410.21-12 159.63
3.A.3.a
Packet Pg. 50 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 39
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135934 4/29/2022 Babcock laboratories, inc.CD21347-0278 Iron & manganese 050-9000-450.30-90 134.40 302.40
CD21491-0278 Coliforms by mmo/mug&hpc 050-9000-450.30-90 84.00
CD21142-0278 Coliforms by mmo/mug&hpc 050-9000-450.30-90 84.00
135935 4/29/2022 Bank of america business card BOA042522 Amazon 017-2290-418.21-10 27.26 5,515.45
BOA042522 Amazon 017-2290-418.21-80 873.15
BOA042522 Tyler connect 017-2290-418.31-20 1,349.00
BOA042522 Amazon 017-2290-418.40-45 681.87
BOA042522 American airlines 017-2290-418.31-20 818.40
BOA042522 American airlines 011-3300-431.31-20 818.40
BOA042522 American airlines 011-1700-417.31-20 818.40
BOA042522 Network solutions 017-2290-418.34-05 128.97
135936 4/29/2022 Bank of america business card BOA042522 Lowes 010-2500-425.33-10 1,906.38 5,931.40
BOA042522 Fixture displays 010-2500-425.33-10 427.65
BOA042522 Fixture displays 010-0000-201.20-45 -32.62
BOA042522 Walmart 010-2500-425.33-10 154.75
BOA042522 Top grill 011-3300-431.31-20 60.12
BOA042522 Displays 260 010-2500-425.33-10 97.67
BOA042522 Uline 011-3300-431.21-10 208.24
BOA042522 Amazon 010-2500-425.33-10 8.69
BOA042522 Tyler 011-3300-431.31-20 1,099.00
BOA042522 Tyler 011-1700-417.31-20 1,099.00
BOA042522 San francisco airport 011-1700-417.31-20 902.52
135937 4/29/2022 Bank of america business card BOA042522 Constant contact 010-1200-412.30-90 135.00 1,724.99
BOA042522 Zoom 010-1200-412.31-20 14.99
BOA042522 Eb 2022 cphcc conference 010-1200-412.31-20 575.00
BOA042522 California cities assoc 010-1200-412.31-20 1,000.00
135938 4/29/2022 Bank of america business card BOA042522 Usps 010-1110-411.21-65 107.70 280.95
BOA042522 Usps 010-1110-411.21-65 209.15
BOA042522 Usps 010-1110-411.21-65 -26.95
3.A.3.a
Packet Pg. 51 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 40
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135938 4/29/2022 Bank of america business card BOA042522 Usps 010-1110-411.21-65 -8.95 280.95
135939 4/29/2022 Bank of america business card BOA042522 Canva 010-9600-960.30-90 74.91 2,083.67
BOA042522 Canva 010-9500-950.30-90 74.91
BOA042522 Canva 011-3300-431.30-90 74.91
BOA042522 Canva 011-1700-417.30-90 74.90
BOA042522 Ontario airport 010-9600-960.31-20 84.00
BOA042522 Friends of valley-wide 010-2510-425.40-13 600.00
BOA042522 Ontario airport 010-9600-960.31-20 84.00
BOA042522 American airlines 010-9600-960.31-20 60.00
BOA042522 American airlines 010-9600-960.31-20 60.00
BOA042522 Portola hotel & spa 010-9600-960.31-20 896.04
135940 4/29/2022 Berlitz languages, inc 0012742201141 Spanish proficiency test 010-1210-412.30-90 275.00 275.00
135941 4/29/2022 Bmw motorcycles of escondido,inc.43512 Headlight repairs 024-3100-431.33-50 213.49 213.49
135942 4/29/2022 Brady, robert (bob)BRADY042622 Reimb stblztion pln fees 199-9999-425.40-01 43.07 43.07
135943 4/29/2022 Calpers supplemental income plansCALPERS042522Sip #452544 085-0000-202.21-29 5,959.21 5,959.21
135944 4/29/2022 Central county united way UNITEDWAY042522April 2022 contributions 085-0000-202.21-80 14.00 14.00
135945 4/29/2022 Chambers group 35680 Temp planning assistant 011-1700-417.30-90 18,677.76 18,677.76
135946 4/29/2022 Dave's hauling 4232022 Channel clean up 010-4140-410.34-05 1,080.00 1,080.00
135947 4/29/2022 Empower retirement, llc EMPOWER042522Group #109947 085-0000-202.21-29 950.00 950.00
135948 4/29/2022 Engie services (formerly opterra)90041119 March 2022 om fees 050-9000-450.34-05 1,995.25 2,699.26
90041118 March 2022 mv fees 050-9000-450.34-05 704.01
135949 4/29/2022 Ewing incorporation 16294673 Roundup 010-4150-410.21-14 6,174.28 6,327.58
16515379 Drip emitter 025-7100-410.34-05 58.47
16515399 Normal closed valve 308-8831-500.34-05 94.83
135950 4/29/2022 Fedex corporation 7-724-83309 Freight 010-1200-412.21-65 51.89 51.89
135951 4/29/2022 Fm lock and safe,inc.98527 Duplicate keys 010-4140-410.21-12 13.05 180.34
98488 Duplicate keys 010-4140-410.21-12 6.53
99413 Duplicate keys 010-7100-410.21-12 160.76
3.A.3.a
Packet Pg. 52 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 41
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135952 4/29/2022 Frontier communications FRONTIER042522Telephone services 010-2500-425.35-16 115.48 231.80
FRONTIER042522Telephone services 050-9000-450.35-16 116.32
135953 4/29/2022 Hasa inc 809742 Hasachlor 050-9000-450.21-12 368.38 1,222.35
809743 Hasachlor 050-9000-450.21-12 401.87
809744 Hasachlor 050-9000-450.21-12 452.10
135954 4/29/2022 Hdl coren & cone, inc SIN016530 Prop tax svcs 010-2500-425.30-90 3,722.20 3,722.20
135955 4/29/2022 Hi-way safety, inc.128455 Aluminum proj signs 199-9999-425.40-01 1,258.37 1,258.37
135956 4/29/2022 Hirsch pipe & supply co., inc.8210796 Parts 050-9000-450.21-12 186.83 214.22
8211748 Parts 050-9000-450.21-12 27.39
135957 4/29/2022 Home depot credit services 6521613 Supplies 010-4140-410.21-12 725.99 2,373.51
7275049 Supplies 050-9000-450.21-12 30.67
6022650 Supplies 010-4150-410.21-12 400.22
54672 Supplies 034-3200-431.33-10 1,216.63
135958 4/29/2022 Icma retirement trust ICMA042522 Group #300434 085-0000-202.21-29 3,038.56 3,188.18
ICMA042522 Group #300434 085-0000-202.21-28 149.62
135959 4/29/2022 Inland water works supply co.S1055148.001 Clfc clamp 050-9000-450.21-12 685.13 685.13
135960 4/29/2022 Innovative growth lanscape 011 Install woodchips 359-8831-500.34-05 3,375.00 5,155.00
010 Install calsense sensor 308-8831-500.34-05 1,780.00
135961 4/29/2022 Interpreters unlimited, inc 306528 Interpreting services 010-3100-431.34-05 24.75 24.75
135962 4/29/2022 Jav electric 6162 Replc light & instll cage 199-9999-425.40-01 1,491.00 2,856.35
6162 Replc light & instll cage 199-9999-425.40-01 -1,491.00
6162 Replc light & instll cage 199-9999-425.40-01 1,491.00
6163 Repairs 010-7400-425.33-10 1,365.35
135963 4/29/2022 Jim's backflow service JIMS042522 Install backflow device 025-7100-410.34-05 1,353.41 1,869.51
JIMS041022A Backflow test & repairs 355-8831-500.34-05 166.10
JIMS041022B Backflow test 025-7250-410.34-05 50.00
JIMS041022C Backflow test 305-8831-500.34-05 50.00
JIMS041022D Backflow test 332-8831-500.34-05 50.00
JIMS041022E Backflow test 025-7250-410.34-05 50.00
3.A.3.a
Packet Pg. 53 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 42
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135963 4/29/2022 Jim's backflow service JIMS041022F Backflow test 025-7250-410.34-05 50.00 1,869.51
JIMS041022G Backflow test 332-8831-500.34-05 50.00
JIMS041022H Backflow test 321-8831-500.34-05 50.00
135964 4/29/2022 Magner, tara MAGNER042022Meal per diem 010-9600-960.31-20 70.00 70.00
135965 4/29/2022 Marne diaz WATER042122 Refund water deposit 050-0000-229.08-70 52.13 78.28
WATER042122 Refund credit balance 050-0000-308.09-10 26.15
135966 4/29/2022 Matley, lori MATLEY042522 Reimb mileage & parking 011-1700-417.31-20 159.52 159.52
135967 4/29/2022 Murray reynolds WATER042122 Refund water deposit 050-0000-229.08-70 130.63 130.63
135968 4/29/2022 Nutrien ag solutions,inc(crop prod)47886748 Ranger pro 010-4140-410.21-14 1,271.16 1,862.91
47831704 Turf trax & activator 010-4140-410.21-14 439.28
47746025 Turf trax 010-4140-410.21-14 152.47
135969 4/29/2022 O'reilly auto parts,inc.5531-204034 Wiper blades 055-4170-450.33-50 67.38 74.44
5531-204037 Funnel 055-4170-450.33-50 7.06
135970 4/29/2022 Pirot's towing inc.10959 Evidence tow 010-3100-431.30-90 250.00 500.00
10991 Evidence tow 010-3100-431.30-90 250.00
135971 4/29/2022 Riverside county sheriff departmentSH0000040823 Contract law bp #9 010-3100-431.34-04 898,962.26 1,008,917.09
SH0000040823 Contract law bp #9 010-3100-431.34-06 23,935.68
SH0000040823 Contract law bp #9 034-3100-431.34-04 86,019.15
135972 4/29/2022 San jacinto petty cash, city of CASH042522 Replenish petty cash 010-2500-425.21-10 246.04 246.04
135973 4/29/2022 Seiu local 721 SEIU042522 April 2022 dues 085-0000-202.21-43 2,148.26 2,148.26
135974 4/29/2022 Socal gas SOCALGAS042522Utility gas services 010-2500-425.35-12 50.86 243.02
SOCALGAS042522Utility gas services 010-3100-431.35-12 73.08
SOCALGAS042522Utility gas services 010-4200-410.35-12 34.83
SOCALGAS042522Utility gas services 034-3200-431.35-12 84.25
135975 4/29/2022 Southern california edison SCE042522 Electricity services 010-4150-410.35-14 379.72 666.06
SCE042522 Electricity services 010-4150-410.35-14 244.50
SCE042522 Electricity services 010-4150-410.35-14 -0.01
SCE042522 Electricity services 347-8831-500.35-14 4.64
SCE042522 Electricity services 360-8831-500.35-14 10.60
3.A.3.a
Packet Pg. 54 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 43
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135975 4/29/2022 Southern california edison SCE042522 Electricity services 347-8831-500.35-14 10.80 666.06
SCE042522 Electricity services 360-8831-500.35-14 15.81
135976 4/29/2022 Staples credit plan - ch 9980302865 Supplies 010-2500-425.21-10 287.04 421.87
9980302865 Supplies 011-1700-417.21-10 134.83
135977 4/29/2022 Statewide emergency services 2759 Hazardous waste clean up 010-4150-410.34-05 13,309.35 13,309.35
135978 4/29/2022 Studio onextreme 1823 Large scale mural 131-2510-425.40-22 20,500.00 20,500.00
135979 4/29/2022 Sunrise at parkhill Z22-042522 Reimburse 50% sce 322-8831-500.35-14 162.68 432.17
Z22-042522 Reimburse 50% lhmwd 322-8831-500.35-10 269.49
135980 4/29/2022 Sunrun installation services inc 042022REFUNDRefund permit 22-01420 011-0000-303.02-21 229.56 255.91
042022REFUNDRefund permit 22-01420 011-0000-308.06-01 2.92
042022REFUNDRefund permit 22-01420 011-0000-308.06-30 23.43
135981 4/29/2022 Superion, llc (formerly sungard)346061 March 2022 maint fee 010-1400-414.34-05 5,072.38 5,072.38
135982 4/29/2022 Time warner cable 0604517041122 Internet service 017-2290-418.34-20 739.79 1,097.23
0055371041022 Internet service 010-3100-431.34-05 357.44
135983 4/29/2022 Verizon wireless 9904233133 Phone services 010-1100-411.35-17 237.97 2,820.12
9904233133 Phone services 010-1200-412.35-17 99.41
9904233133 Phone services 011-1700-417.35-17 76.51
9904233133 Phone services 010-3100-431.35-17 247.64
9904233133 Phone services 011-3300-431.35-17 55.13
9904233133 Phone services 010-3320-431.35-17 318.02
9904233133 Phone services 010-4140-410.35-17 118.57
9904233133 Phone services 010-4150-410.35-17 81.66
9904233133 Equipment charges 010-4150-410.21-80 803.32
9904233133 Phone services 010-4200-410.35-17 63.37
9904233133 Phone services 010-7100-410.35-17 130.04
9904233133 Phone services 010-7101-410.35-17 23.36
9904233133 Phone services 017-2290-418.35-17 169.91
9904233133 Phone services 050-9000-450.35-17 254.75
9904233133 Phone services 055-4170-450.35-17 88.85
3.A.3.a
Packet Pg. 55 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Warrant Register
City of San Jacinto 04/30/2022
Page 44
Check
Number
Check Date Vendor Name Invoice Number Description Account
Number
Transaction
Amount
Check
Total
135983 4/29/2022 Verizon wireless 9904233133 Phone services 010-2500-425.35-17 51.61 2,820.12
135984 4/29/2022 West coast arborists, inc 184696 Crew rental 322-8831-500.34-05 5,759.36 13,529.36
184805 Grid pruning 349-8831-500.34-05 2,754.00
184734 Crew rental 359-8831-500.34-05 4,800.00
184801 Grid pruning 316-8831-500.34-05 216.00
135985 4/29/2022 Yarnall, rene YARNALL042022Meal per diem 010-9600-960.31-20 70.00 70.00
Total Checks 4,674,013.34
3.A.3.a
Packet Pg. 56 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Page 1
CITY OF SAN JACINTO
ELECTRONIC FUNDS TRANSFER REPORT
April 1 - 30, 2022
DATE PAYEE AMOUNT REASON
04/05/2022 CalPers 34,863.86 Retirement
04/05/2022 CalPers 409.40 Health Premium
04/05/2022 CalPers 180.17 Retirement
04/07/2022 CalPers 25.66 Retirement
04/18/2022 Paymentus 5,501.75 Payment Process Transaction Fees
04/20/2022 CDTFA 10,362.00 SJP Q1 EES Return
04/20/2022 Enterprise FM 18,189.52 Monthly Vehicle Lease & Maintenance
04/25/2022 CalPers 34,794.12 Retirement
04/25/2022 CalPers 3,137.76 Replacement Benefit
04/25/2022 Direct Energy Business Marketing 389,797.54 SJ Power - Energy Purchase
04/25/2022 Exelon Generation Company, LLC/ Constellation Energy Generation 177,228.20 SJ Power - Energy Purchase
04/25/2022 Duran Messa, LLC 6,695.00 SJ Power - Energy Purchase
04/25/2022 Calpine Energy Service 76,350.00 SJ Power - Energy Purchase
04/25/2022 NRG Power Marketing 72,500.00 SJ Power - Energy Purchase
04/25/2022 Gateway Energy Storage 8,000.00 SJ Power - Energy Purchase
04/25/2022 Morgan Stanley Capital Group, Inc 75,500.00 SJ Power - Energy Purchase
04/25/2022 TGP Energy Management, LLC 45,312.50 SJ Power - Energy Purchase
3.A.3.a
Packet Pg. 57 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
Page 2
CITY OF SAN JACINTO
ELECTRONIC FUNDS TRANSFER REPORT
April 1 - 30, 2022
DATE PAYEE AMOUNT REASON
04/25/2022 3 Phases Renewables 16,500.00 SJ Power - Energy Purchase
04/25/2022 Voyager Wind Expansion, LLC 3,647.17 SJ Power - Energy Purchase
04/25/2022 Sierra Pacific Industries 2,019.70 SJ Power - Energy Purchase
04/25/2022 California Choice Energy 24,670.89 SJ Power - Energy Purchase, Sales & Admin
1,005,685.24
3.A.3.a
Packet Pg. 58 Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)
May 17, 2022
TO: City Council
REQUESTED BY: Tom Prill, Deputy City Manager
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Report - Use of ARPA Funds
RECOMMENDATION:
Staff recommends that the City Council receive and file the report of the ARPA funds.
DISCUSSION:
The American Rescue Plan Act (ARPA) was signed into law by the President on March 11,
2021. The Fiscal recovery Funds are intended to provide support to State, local, and Tribal
governments in responding to the impact of COVID -19 and in their efforts to contain COVID-19
on their communities, residents, and businesses. The Secretary of the Treasury (Treasury) has
adopted as final the interim final rule published on May 17, 2021, with amendments. One of the
most notable amendments enables recipients to claim a standard allowance for revenue loss of up
to $10 million dollars. The provisions in this final rule are effective April 1, 2022.
On July 13, 2021, the City received its first of two installments of the $11,773,274 in ARPA
funds allocated to the City. The second installment is expected in July 2022.
On August 17, 2021, the City Council approved an initial project list for the use of ARPA funds.
The initial projects were designed to meet specific categories in the final rule and maximize
community benefit, while also prioritizing community desires (as documented by Measure V
poll results). ARPA funds must be obligated by December 31, 2024, and expended by December
31, 2026. Despite only expending 5.7% of ARPA funds so far, staff is confident that the funds
will be expended timely, especially considering the costly nature of the infrastructure projects.
Recently, City staff submitted the first Project and Expenditure Report required by the Treasury
regarding the use of ARPA funds. Project and Expenditure Reporting is required quarterly
hereafter. As suggested by the Treasury, the City elected to take claim the $10 million dollar
standard allowance, which is accompanied by streamlined compliance reporting requirements.
As a result, all but the three major infrastructure projects were re-categorized to the Revenue
Loss category. A complete summary of original and final categorizations is attached.
FISCAL IMPACT:
There is no fiscal impact with the reporting of the use of ARPA funds.
ATTACHMENTS:
ARPA Summary Report - 03-31-22 - for City Council
ARPA Category Summary
3.A.4
Packet Pg. 59
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Prior Current Total
Item #Description Estimate Expenditures Expenditures Expenditures Remaining
Category D - Investments to Infrastructure
1 New Grand Well 2,500,000.00 - 35,404.55 35,404.55 2,464,595.45
2 New Grand Well Treatment Plant 2,500,000.00 - - - 2,500,000.00
3 Bath Well Treatment Plant 2,500,000.00 - - - 2,500,000.00
Category C - Revenue Loss
1 Lead Service Line Replacement Program 100,000.00 - - - 100,000.00
2 SCADA Replacement 400,000.00 - - - 400,000.00
3 Cottonwood Lift Station 75,000.00 - 65,834.38 65,834.38 9,165.62
4 Sewer Main Line Replacement (Tahquitz)500,000.00 - 735.00 735.00 499,265.00
5 Parkside Village Stormwater Basin 155,000.00 - - - 155,000.00
6 Sanderson Stormwater Culverts 500,000.00 - - - 500,000.00
7 Mobile Bypass Pump 60,000.00 - - - 60,000.00
8 Civic Center/Main Street/Broadband 150,000.00 - - - 150,000.00
9 Community Development Software Upgrade 379,500.00 - 128,772.50 128,772.50 250,727.50
10 City Hall Queue Management System 12,000.00 - 8,400.00 8,400.00 3,600.00
11 Soofa Sign 18,000.00 - 18,000.00 18,000.00 -
3.A.4.a
Packet Pg. 60 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Prior Current Total
Item #Description Estimate Expenditures Expenditures Expenditures Remaining
12 City Hall Front Lobby/Office Remodel 80,000.00 - 81,804.04 81,804.04 (1,804.04)
13 Community Center Remodel 90,000.00 - 73,677.59 73,677.59 16,322.41
14 Fitness Court at Mistletoe Park 186,000.00 - 205,637.33 205,637.33 (19,637.33)
15 Splashpad at Sallee Park 700,000.00 - - - 700,000.00
16 Small Business Grants 150,000.00 - 52,500.00 52,500.00 97,500.00
17 Early Childhood Development Site Grants 29,774.00 - - - 29,774.00
18 City Net - Year 2 costs with "Rapid Rehousing"503,000.00 - - - 503,000.00
19 Local Business Development Incentives 150,000.00 - - - 150,000.00
20 Family Services Agency - Program Assistance - - - - -
21 Community Foundation 35,000.00 - - - 35,000.00
11,773,274.00 - 670,765.39 670,765.39 11,102,508.61
3.A.4.a
Packet Pg. 61 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #D-1 - New Grand Well - Design/Engineering/Construction
CIP #20-004 - ARPA Subcategory 5.13
Estimate: $2,500,000
Start date: 04/28/21 - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
06/14/2021 Kyle Groundwater, Inc.Professional services - May 5,708.35
06/30/2021 Kyle Groundwater, Inc.Professional services - June 11,830.00
08/23/2021 Kyle Groundwater, Inc.Professional services - July 10,938.75
08/27/2021 Riverside County Assessor-Clerk-Recorder Fees 50.00
10/31/2021 Press Enterprise Legal advertising 1,676.60
11/07/2021 Kyle Groundwater, Inc.Professional services - Aug-Oct 3,436.25
01/17/2022 Kyle Groundwater, Inc.Professional services - Nov-Dec 1,764.60
Current expenditures 35,404.55
Prior expenditures -
Total 35,404.55
Estimate 2,500,000.00
Remaining 2,464,595.45
3.A.4.a
Packet Pg. 62 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #D-2 - New Grand Well Treatment Plant - Design/Engineering/Construction
CIP #22-010 - ARPA Subcategory 5.10
Estimate: $2,500,000
Start date: TBD - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 2,500,000.00
Remaining 2,500,000.00
3.A.4.a
Packet Pg. 63 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #D-3 - Bath Well Treatment Plant - Design/Engineering/Construction
CIP #22-005 - ARPA Subcategory 5.10
Estimate: $2,500,000
Start date: TBD - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 2,500,000.00
Remaining 2,500,000.00
3.A.4.a
Packet Pg. 64 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-1 - Lead Service Line Replacement - Initial inspection
Project "ARPA-A" - ARPA Subcategory 6.1
Estimate: $100,000
Start date: TBD - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 100,000.00
Remaining 100,000.00
3.A.4.a
Packet Pg. 65 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-2 - SCADA Replacement
CIP #22-011 - ARPA Subcategory 6.1
Estimate: $400,000
Start date: TBD - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 400,000.00
Remaining 400,000.00
3.A.4.a
Packet Pg. 66 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-3 - Cottonwood Lift Station
CIP #CP-003A - ARPA Subcategory 6.1
Estimate: $75,000
Start date: 02/01/22 - End date: 02/02/22
TRANS DATE VENDOR DESCRIPTION AMOUNT
02/02/2022 Multi W Systems, Inc.Sewage pump system upgrade 65,834.38
Current expenditures 65,834.38
Prior expenditures -
Total 65,834.38
Estimate 75,000.00
Remaining 9,165.62
3.A.4.a
Packet Pg. 67 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-4 - Sewer Main Line Replacement (Tahquitz)
CIP #CP-003B - ARPA Subcategory 6.1
Estimate: $500,000
Start date: 10/13/21 - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
10/13/2021 Tri Lake Consultants, Inc.Engineering services 135.00
12/14/2021 Tri Lake Consultants, Inc.Engineering services 600.00
Current expenditures 735.00
Prior expenditures -
Total 735.00
Estimate 500,000.00
Remaining 499,265.00
3.A.4.a
Packet Pg. 68 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-5 - Parkside Village Stormwater Basin - Design/Engineering/Construction
CIP #22-003 - ARPA Subcategory 6.1
Estimate: $155,000
Start date: TBD - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 155,000.00
Remaining 155,000.00
3.A.4.a
Packet Pg. 69 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-6 - Sanderson Stormwater Culverts - Design/Engineering/Construction
CIP #22-012 - ARPA Subcategory 6.1
Estimate: $500,000
Start date: TBD - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 500,000.00
Remaining 500,000.00
3.A.4.a
Packet Pg. 70 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-7 - Mobile Bypass Pump
Project "ARPA-B" - ARPA Subcategory 6.1
Estimate: $60,000
Start date: 03/18/22 - End date: 03/18/22
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 60,000.00
Remaining 60,000.00
3.A.4.a
Packet Pg. 71 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-8 - Civic Center/Main Street Broadband - Design/Engineering
CIP #22-013 - ARPA Subcategory 6.1
Estimate: $150,000
Start date: TBD - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 150,000.00
Remaining 150,000.00
3.A.4.a
Packet Pg. 72 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-9 - Community Development Software Upgrade
Project "ARPA-C" - ARPA Subcategory 6.1
Estimate: $379,500
Start date: 03/03/21 - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
03/31/2021 Tyler Technologies, Inc.Consulting services - Mar 21 5,318.75
04/30/2021 Tyler Technologies, Inc.Consulting services - Apr 21 8,602.50
05/31/2021 Tyler Technologies, Inc.Consulting services - May 21 9,435.00
06/30/2021 Tyler Technologies, Inc.Consulting services - June 21 9,758.75
07/31/2021 Tyler Technologies, Inc.Consulting services - July 21 4,486.25
08/31/2021 Tyler Technologies, Inc.Consulting services - Aug 21 1,757.50
09/30/2021 Tyler Technologies, Inc.Consulting services - Sept 21 6,243.75
10/31/2021 Tyler Technologies, Inc.Consulting services - Oct 21 16,927.50
11/30/2021 Tyler Technologies, Inc.Consulting services - Nov 21 16,187.50
12/31/2021 Tyler Technologies, Inc.Consulting services - Dec 21 11,007.50
01/31/2022 Tyler Technologies, Inc.Consulting services - Jan 22 11,932.50
02/28/2022 Tyler Technologies, Inc.Consulting services - Feb 22 27,115.00
Current expenditures 128,772.50
Prior expenditures -
Total 128,772.50
Estimate 379,500.00
3.A.4.a
Packet Pg. 73 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-9 - Community Development Software Upgrade
Project "ARPA-C" - ARPA Subcategory 6.1
Estimate: $379,500
Start date: 03/03/21 - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Remaining 250,727.50
3.A.4.a
Packet Pg. 74 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-10 - City Hall Queue Management System
Project "ARPA-D" - ARPA Subcategory 6.1
Estimate: $12,000
Start date: 07/08/21 - End date: 07/08/21
TRANS DATE VENDOR DESCRIPTION AMOUNT
07/08/2021 QLess, Inc.Virtual set-up & training 8,400.00
Current expenditures 8,400.00
Prior expenditures -
Total 8,400.00
Estimate 12,000.00
Remaining 3,600.00
3.A.4.a
Packet Pg. 75 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-11 - Soofa Sign
CIP #18-007 - ARPA Subcategory 6.1
Estimate: $18,000
Start date: 07/20/21 - End date: 07/19/24
TRANS DATE VENDOR DESCRIPTION AMOUNT
07/20/2021 Soofa, Inc.Sign lease 12,000.00
08/23/2021 Soofa, Inc.Sign lease 6,000.00
Current expenditures 18,000.00
Prior expenditures -
Total 18,000.00
Estimate 18,000.00
Remaining -
3.A.4.a
Packet Pg. 76 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-12 - City Hall Front Lobby/Office Remodel
CIP #22-014 - ARPA Subcategory 6.1
Original Estimate: $60,000 - Adjusted Estimate: $80,000
Start date: 06/15/21 - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
06/15/2021 Shademaker, Inc.Deposit on awning 1,362.50
09/15/2021 Travis Randel Lobby reconfiguration supplies 779.56
09/22/2021 New Horizon Carpets Carpet installation 1,689.00
09/27/2021 Bil-Den Construction Company City Hall renovation 9,540.00
10/01/2021 Cubicle and Office, Inc.Remodel 7,576.03
10/04/2021 Bil-Den Construction Company Remove drinking fountain 972.00
10/08/2021 Cubicle and Office, Inc.Room enclosure 8,160.47
10/11/2021 Graphic Installations, Inc.Photos with measurements for murals 400.00
10/25/2021 Amazon Wall-mounted card holder 71.76
10/25/2021 Costco Lobby monitor for QLess 440.99
10/25/2021 Amazon TV & monitor mounts & HDMI 122.66
10/31/2021 Arlington Computer Products ET-cord 6,095.85
11/22/2021 Amazon Dual monitor arms 357.70
11/22/2021 Logitech Keyboards & mouse 65.21
11/22/2021 Amazon Keyboards, mouse & mounts 201.10
11/22/2021 Logitech Keyboards & mouse 65.22
12/06/2021 Monster Media, Inc.Matte laminate 2,900.10
12/20/2021 Romeril Plumbing & Hardware Cordmate 19.56
12/20/2021 TotalPlan Business Interiors Counter & Lobby reconfiguration 21,711.63
12/27/2021 Amazon IT supplies 2,445.14
12/28/2021 Arlington Computer Products Monitor 1,940.59
12/29/2021 Am-Tec Total Security, Inc.Install 16 network drops 2,920.00
3.A.4.a
Packet Pg. 77 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-12 - City Hall Front Lobby/Office Remodel
CIP #22-014 - ARPA Subcategory 6.1
Original Estimate: $60,000 - Adjusted Estimate: $80,000
Start date: 06/15/21 - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
12/31/2021 Arlington Computer Products Monitors 3,531.56
01/10/2022 Cubicle and Office, Inc.Cubicle installation 1,450.00
01/10/2022 Bil-Den Construction Company Electric work 515.00
01/24/2022 Lowes Surge protectors & mounts 207.52
01/25/2022 Graphic Installations, Inc.Install custom murals 1,337.00
02/04/2022 TotalPlan Business Interiors 5-drawer lateral file & lobby remodel 5,410.32
02/25/2022 Shi.com Kiosk stand for lobby 438.26
03/21/2022 Amazon Microphones returned (922.69)
Current expenditures 81,804.04
Prior expenditures -
Total 81,804.04
Original Estimate 60,000.00
Adjustment 20,000.00
Estimate 80,000.00
3.A.4.a
Packet Pg. 78 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-12 - City Hall Front Lobby/Office Remodel
CIP #22-014 - ARPA Subcategory 6.1
Original Estimate: $60,000 - Adjusted Estimate: $80,000
Start date: 06/15/21 - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Remaining (1,804.04)
3.A.4.a
Packet Pg. 79 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-13 - Community Center Remodel
CIP #22-015 - ARPA Subcategory 6.1
Original Estimate: $80,000 - Adjusted Estimate: $90,000
Start date: 08/23/21 - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
08/23/2021 Uprint City logo backdrops 756.32
08/23/2021 Amazon 5 floor mats 1,462.70
08/23/2021 Amazon Curtains & hooks 282.68
08/23/2021 Amazon Draping & rods 343.60
09/20/2021 Amazon Draping 233.44
09/20/2021 Amazon Draping 405.11
09/20/2021 Amazon Remodel supplies 46.94
10/20/2021 Enko Systems, Inc.Council Chambers AV install 70,000.00
11/22/2021 Monster Media, Inc.Matte laminate 146.80
Current expenditures 73,677.59
Prior expenditures -
Total 73,677.59
Original Estimate 80,000.00
Adjustment 10,000.00
3.A.4.a
Packet Pg. 80 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-13 - Community Center Remodel
CIP #22-015 - ARPA Subcategory 6.1
Original Estimate: $80,000 - Adjusted Estimate: $90,000
Start date: 08/23/21 - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Estimate 90,000.00
Remaining 16,322.41
3.A.4.a
Packet Pg. 81 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-14 - Fitness Court at Mistletoe Park
CIP #22-009 - ARPA Subcategory 6.1
Original Estimate: $186,000
Start date: 07/01/21 - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
07/13/2021 The Thomsen Company, Inc.Survey services 1,830.00
07/27/2021 Inland Foundation Engineering, Inc.Geotechnical investigation 5,000.00
08/18/2021 Tri Lake Consultants, Inc.Engineering services 1,100.00
08/26/2021 National Fitness Campaign LP Fitness Court installation 121,369.44
09/30/2021 Press Enterprise Legal advertising 1,142.00
10/07/2021 Tri Lake Consultants, Inc.Engineering services 3,708.75
10/13/2021 Tri Lake Consultants, Inc.Engineering services 4,215.00
11/02/2021 C.S. Legacy Construction, Inc.Work completed 17,992.54
11/17/2021 Tri Lake Consultants, Inc.Engineering services 645.00
12/14/2021 Tri Lake Consultants, Inc.Engineering services 2,233.36
12/23/2021 C.S. Legacy Construction, Inc.Work completed 33,604.85
12/23/2021 C.S. Legacy Construction, Inc.Liquidated damages (4,372.63)
01/26/2022 Tri Lake Consultants, Inc.Engineering services 2,016.48
01/27/2022 Engineered Installation Additional scope of work 2,872.63
02/15/2022 D.M.C. Tree Care, Inc.Remove trees 1,500.00
02/22/2022 American Fence Co., Inc.Temp fence 2/10-4/9/22 471.30
02/22/2022 Tri Lake Consultants, Inc.Engineering services 4,031.78
03/01/2022 Engineered Installation Additional scope - concrete redo 1,531.38
03/03/2022 Superior Ready Mix Concrete Concrete services 1,488.38
03/16/2022 Engineered Installation Additional scope of work 342.07
03/21/2022 Innovative Growth Landscape Woodchip installation 2,915.00
3.A.4.a
Packet Pg. 82 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-14 - Fitness Court at Mistletoe Park
CIP #22-009 - ARPA Subcategory 6.1
Original Estimate: $186,000
Start date: 07/01/21 - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures 205,637.33
Prior expenditures -
Total 205,637.33
Estimate 186,000.00
Remaining (19,637.33)
3.A.4.a
Packet Pg. 83 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-15 - Splashpad at Sallee Park
CIP #22-016 - ARPA Subcategory 6.1
Original Estimate: $700,000
Start date: TBD - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 700,000.00
Remaining 700,000.00
3.A.4.a
Packet Pg. 84 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-16 - Small Business Grants
CIP #22-017 - ARPA Subcategory 6.1
Original Estimate: $150,000
Start date: 03/16/21 - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
03/16/2021 Amer-Mex Mfg., Inc.Small Business Grant program 7,500.00
03/16/2021 Bolo's Barber Shop Small Business Grant program 7,500.00
03/16/2021 Nachos Auto Electric Small Business Grant program 10,000.00
03/16/2021 Rachel's Beauty Salon Small Business Grant program 10,000.00
03/16/2021 San Diego Screw Products Small Business Grant program 7,500.00
03/16/2021 Tita's Beauty Salon Small Business Grant program 10,000.00
Current expenditures 52,500.00
Prior expenditures -
Total 52,500.00
Estimate 150,000.00
Remaining 97,500.00
3.A.4.a
Packet Pg. 85 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-17 - Early Childhood Development Grants
CIP #22-018 - ARPA Subcategory 6.1
Original Estimate: $250,000 - Adjusted Estimate: $0
Start date: TBD - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Original Estimate 250,000.00
Adjustment (220,226.00)
Estimate 29,774.00
Remaining 29,774.00
3.A.4.a
Packet Pg. 86 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-18 - City Net Year 2 Costs with "Rapid Rehousing"
Project "ARPA-G" - ARPA Subcategory 6.1
Original Estimate: $0 - Adjusted Estimate: $220,000
Start date: 07/01/23 - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Original Estimate 350,000.00
Adjustment 153,000.00
Estimate 503,000.00
Remaining 503,000.00
3.A.4.a
Packet Pg. 87 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-19 - Local Business Development Incentives
CIP #22-019 - ARPA Subcategory 6.1
Original Estimate: $150,000
Start date: TBD - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 150,000.00
Remaining 150,000.00
3.A.4.a
Packet Pg. 88 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-20 - Family Services Agency
Project "ARPA-E" - ARPA Subcategory 6.1
Original Estimate: $100,000
Start date: TBD - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Original Estimate 100,000.00
Adjustment (100,000.00)
Estimate -
Remaining -
3.A.4.a
Packet Pg. 89 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-21 - Community Foundation
Project "ARPA-F" - ARPA Subcategory 6.1
Original Estimate: $35,000
Start date: TBD - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 35,000.00
Remaining 35,000.00
3.A.4.a
Packet Pg. 90 Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
FINAL ARPA ALLOCATION SCHEDULE
Original
Item #Description
Original
Estimate
Final Item
#Description Final Estimate
Category D - Investments to Infrastructure Category D - Investments to Infrastructure
1 New Grand Well 2,500,000.00 1 New Grand Well 2,500,000.00
2 New Grand Well Treatment Plant 2,500,000.00 2 New Grand Well Treatment Plant 2,500,000.00
3 Bath Well Treatment Plant 2,500,000.00 3 Bath Well Treatment Plant 2,500,000.00
4 Lead Service Line Replacement Program 100,000.00 Category C - Revenue Loss
1 Lead Service Line Replacement Program 100,000.00
5 SCADA Replacement 400,000.00
2 SCADA Replacement 400,000.00
6 Cottonwood Lift Station 75,000.00
3 Cottonwood Lift Station 75,000.00
7 Sewer Main Line Replacement (Tahquitz)500,000.00
4 Sewer Main Line Replacement (Tahquitz)500,000.00
8 Parkside Village Stormwater Basin 155,000.00
5 Parkside Village Stormwater Basin 155,000.00
9 Sanderson Stormwater Culverts 500,000.00
6 Sanderson Stormwater Culverts 500,000.00
10 Mobile Bypass Pump 60,000.00
7 Mobile Bypass Pump 60,000.00
11 Civic Center/Main Street/Broadband 150,000.00
8 Civic Center/Main Street/Broadband 150,000.00
Category A - Public Health and Economic Impacts
1 Community Development Software Upgrade 379,500.00 9 Community Development Software Upgrade 379,500.00
2 City Hall Queue Management System 12,000.00 10 City Hall Queue Management System 12,000.00
3 Soofa Sign 18,000.00 11 Soofa Sign 18,000.00
4 City Hall Front Lobby/Office Remodel 60,000.00 12 City Hall Front Lobby/Office Remodel 80,000.00
5 Community Center Remodel 80,000.00 13 Community Center Remodel 90,000.00
3.A.4.b
Packet Pg. 91 Attachment: ARPA Category Summary (Report - Use of ARPA Funds)
CITY OF SAN JACINTO
FINAL ARPA ALLOCATION SCHEDULE
Original
Item #Description
Original
Estimate
Final Item
#Description Final Estimate
6 Fitness Court at Mistletoe Park 186,000.00 14 Fitness Court at Mistletoe Park 186,000.00
7 Splashpad at Sallee Park 700,000.00 15 Splashpad at Sallee Park 700,000.00
8 Small Business Grants 150,000.00 16 Small Business Grants 150,000.00
9 Early Childhood Development Site Grants 250,000.00 17 Early Childhood Development Site Grants 29,774.00
10 City Net - Year 2 costs with "Rapid Rehousing"350,000.00 18 City Net - Year 2 costs with "Rapid Rehousing"503,000.00
11 Local Business Development Incentives 150,000.00 19 Local Business Development Incentives 150,000.00
12 Family Services Agency - Program Assistance 100,000.00 20 Family Services Agency - Program Assistance -
13 Community Foundation 35,000.00 21 Community Foundation 35,000.00
11,910,500.00 11,773,274.00
3.A.4.b
Packet Pg. 92 Attachment: ARPA Category Summary (Report - Use of ARPA Funds)
May 17, 2022
TO: City Council
REQUESTED BY: Erika Gomez, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution of Intention to Annex Territory,
commonly known as the site of Tommy’s Car Wash and The Habit Burger, into Community
Facilities District No. 2003-1 and Authorize the Levy of Special Taxes therein.
DISCUSSION:
The City Council and Planning Commission previously identified the need for additional funding
for police protection and fire protection and suppression services. This includes funding for
increased service levels necessitated by new development within the City. In response, the City
Council formed Community Facilities District 2003-1 (the "CFD") and the levy of special taxes
therein.
The City levies a special tax on eligible parcels within the CFD to mitigate the added cost of
providing public safety services to new development. The adoption of the Resolution of Intention
is required to annex the territory into the CFD. The Resolution of Intention approves the CFD
annexation boundaries and sets the Public Hearing date for June 21, 2022, during a regularly
scheduled City Council meeting. A ballot will be mailed to the property owner(s) within the
annexation territory to vote for or against the annexation.
The property owner(s) have submitted a Petition to annex into Community Facilities District No.
2003-1 as a funding mechanism for police protection and fire protection and suppression
services.
FISCAL IMPACT:
This development is expected to be retail commercial, and therefore exempt from the special tax.
Accordingly, the annexation has no immediate impact on the City’s budget . However, if the use
of any of the parcels within the annexed territory changes, the parcel may become subject to the
special tax. At which point, the special tax would be levied consistent with the attached Rate and
Method of Apportionment.
ATTACHMENTS:
CFD 2003-1 Annex 63 - Resolution 3914 of Intention
CFD 2003-1 Annex 63 - Exhibit A Boundary Map
CFD 2003-1 Annex 63 - Exhibit B RMA
3.A.5
Packet Pg. 93
Resolution No. 3914
Page 1 of 10
STATE OF CALIFORNIA ) RESOLUTION NO. 3914
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO DECLARING ITS INTENTION TO
ANNEX TERRITORY INTO COMMUNITY FACILITIES
DISTRICT NO. 2003-1 AND TO AUTHORIZE THE LEVY
OF SPECIAL TAXES THEREIN
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 63
WHEREAS, the City Council (the "Council") of the City of San Jacinto (the
"City") has previously conducted proceedings to establish Community Facilities
District No. 2003-1 (the "CFD") pursuant to the Mello-Roos Community Facilities Act
of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of D ivision 2 of Title 5,
commencing at Section 53311, of the California Government Code; and
WHEREAS, the Council has received a petition (including waivers) from the
landowner requesting that it annex into the CFD under the Act to provide for the costs
of services, and the Council now desires to commence proceedings to annex territory
into the CFD as described herein; and
WHEREAS, under the Act, this Council, as the legislative body for the CFD, is
empowered with the authority to annex territory to the CFD and now desires to
undertake proceedings to annex territory to the CFD.
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City
Council of the City of San Jacinto as follows:
SECTION 1. This Council hereby finds and determines that public
convenience and necessity require that territory be added to the CFD.
SECTION 2. The name of the existing CFD is "City of San Jacinto Community
Facilities District No. 2003-1."
3.A.5.a
Packet Pg. 94 Attachment: CFD 2003-1 Annex 63 - Resolution 3914 of Intention (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ)
Resolution No. 3914
Page 2 of 10
SECTION 3. A general description of the territory included in the existing CFD
is hereinafter described as follows: All that property and territory as originally
included in the existing CFD heretofore recorded as Instrument No. 2003-
995886 in the office of the County Recorder for the County of Riverside on
December 22, 2003, in Book 55 at Page 58-59 of Maps of Assessments and
Community Facilities Districts, to which map reference is hereby made, and as
such map was amended as a result of prior annexations.
A description of the boundaries and territory proposed to be annexed is as
follows: All that territory proposed to be annexed to the CFD is as shown on
the Annexation Map for Annexation No. 63 to the CFD, on file with the City
Clerk, the boundaries of which territory are hereby preliminary approved and
to which map reference is hereby made for further particulars. The area
proposed to be annexed to the CFD is as shown on the Annexation Map
identified in Exhibit A. The City Clerk is hereby directed to cause to be
recorded such Annexation Map, showing the territory to be ann exed, in the
office of the County Recorder of the County of Riverside within fifteen days of
the date of adoption of this resolution.
SECTION 4. The type of services financed by the CFD and pursuant to the Act
shall consist of those services described as follows: (a) police protection
services, including but not limited to criminal justice services, and (b) fire
protection and suppression services. It is presently intended that the services
will be provided, without preference or priority, to the existing territory in the
CFD and the territory proposed to be annexed to the CFD.
SECTION 5. Except to the extent that funds are otherwise available to the
CFD to pay for the services, a special tax sufficient to pay the costs thereof ,
secured by recordation of a continuing lien against all non-exempt real
property in the CFD (including the property to be annexed thereto), is intended
to be levied annually within the CFD and collected in the same manner as
ordinary ad valorem property taxes, or in such other manner as this Council
shall determine including direct billing of the affected property owners. The
proposed rate and method of apportionment of the special tax among the
parcels of real property within the CFD, as now in existence and following the
annexation proposed herein, in sufficient detail to allow each landowner within
the territory proposed to be annexed to the CFD to estimate the maximum
amount such owner will have to pay, are described in Exhibit B to this
Resolution of Intention.
3.A.5.a
Packet Pg. 95 Attachment: CFD 2003-1 Annex 63 - Resolution 3914 of Intention (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ)
Resolution No. 3914
Page 3 of 10
SECTION 6. The special tax proposed to be levied for services to be supplied
within the territory proposed to be annexed will be equal to the special taxes
levied to pay for the same services in the CFD, except that a higher or lower
special tax may be levied within the territory proposed to be annexed to the
extent that the actual cost of providing the services in that territory is higher or
lower than the cost of providing those services in the CFD. Notwithstanding
the foregoing, the special tax may not be levied at a ra te which is higher than
the maximum special tax authorized to be levied pursuant to the CFD Rate
and Method in Exhibit B.
SECTION 7. Notice is given that on Tuesday, June 21, 2022, at 6:30 p.m. or
as soon thereafter as the matter may be heard, in the regular meeting place of
this Council at the City of San Jacinto, Community Center, 625 S. Pico
Avenue, San Jacinto, California, and the same are hereby appointed and fixed
as the time and place when and where this Council, as legislative body for the
CFD, will conduct a public hearing on the annexation of territory to the CFD,
and consider and finally determine whether the public interest, convenience ,
and necessity require said annexation of territory to the CFD and the levy of
said special tax therein.
SECTION 8. The City Clerk is hereby directed to cause notice of said public
hearing to be given by publication one time in a newspaper of general
circulation in the area of the CFD, including the area to be annexed to the
CFD. The publication of the notice shall be completed at least seven days
before the date herein set for said hearing. The City Clerk may also cause a
copy of such notice to be mailed to the registered voters and landowners
within the territory proposed to annexed, which shall be mailed a t least fifteen
days before the date of said hearing. The notice shall be substantially in the
form of Exhibit C hereto.
SECTION 9. This Resolution shall take effect upon its adoption.
3.A.5.a
Packet Pg. 96 Attachment: CFD 2003-1 Annex 63 - Resolution 3914 of Intention (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ)
Resolution No. 3914
Page 4 of 10
PASSED, APPROVED, and ADOPTED this 17th day of May 2022 by the
following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
City of San Jacinto
______________________________
Crystal Ruiz, Mayor
ATTEST:
Julia Espinoza, City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER LLP
__________________________________
Michael J. Maurer, City Attorney
3.A.5.a
Packet Pg. 97 Attachment: CFD 2003-1 Annex 63 - Resolution 3914 of Intention (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ)
Resolution No. 3914
Page 5 of 10
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)
CITY OF SAN JACINTO)
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY
that the foregoing Resolution No. 3914 was passed, approved, and adopted at the
Regular Meeting of the San Jacinto City Council held on May 17, 2022.
AYES:
NAYS:
ABSENT:
ABSTAIN:
WITNESS MY HAND AND OFFICIAL SEAL this 17th day of May, 2022.
______________________________
Julia Espinoza, City Clerk
City of San Jacinto
3.A.5.a
Packet Pg. 98 Attachment: CFD 2003-1 Annex 63 - Resolution 3914 of Intention (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ)
Resolution No. 3914
Page 6 of 10
EXHIBIT A
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 63
ANNEXATION MAP
3.A.5.a
Packet Pg. 99 Attachment: CFD 2003-1 Annex 63 - Resolution 3914 of Intention (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ)
Resolution No. 3914
EXHIBIT B
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 63
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
3.A.5.a
Packet Pg. 100 Attachment: CFD 2003-1 Annex 63 - Resolution 3914 of Intention (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ)
Resolution No. 3914
EXHIBIT C
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 63
NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY GIVEN that at 6:30 p.m. on June 21, 2022, or as soon thereafter
as practicable, the City Council of the City of San Jacinto (the "City Council") will hold a
public hearing on the Annexation of territory ("Annexation No. 63") to City of San Jacinto
Community Facilities District No. 2003-1 (the "CFD"), the proposed rate, and method of
apportionment of the special tax (the "Special Tax") to be levied on certain property
within Annexation No. 63. It is anticipated that the public hearing may be held virtually
by teleconference or web conference only. The virtual location will be identified on the
agenda, in accordance with the Brown Act, for the meeting during which this public
hearing will be conducted. If held in person, the public hearing wil l be conducted at the
Council Chambers, 625 South Pico, San Jacinto , California. Please check the agenda,
which will be posted on the City's website, prior to the meeting for the location of the
public hearing and related instructions.
On May 17, 2022, the City Council adopted Resolution No. 3914 (the "Resolution of
Intention"), declaring its intention to annex Annexation No. 63 to the CFD pursuant to
the Mello-Roos Community Facilities Act of 1982, as amended, commencing with
Section 53311 of the California Government Code (the "Act"), and to levy Special Taxes
to finance police services, fire protection, and suppression services.
The following are types of services to be provided for and financed by Annexation No.
63:
(a) police protection services, including but not limited to criminal justice services, and
(b) fire protection and suppression services. It is presently intended that the services will
be provided, without preference or priority, to the existing territory in the CFD and the
territory proposed to be annexed to the CFD.
Except where funds are otherwise available, a special tax sufficient to pay for such
services and related incidental expenses authorized by the Act, secured by recordation
of a continuing lien against all non -exempt real property in the CFD, will be levied
annually within the boundaries of the CFD and Annexation No. 63. Commencing with
Fiscal Year 2003-04, a Maximum Special Tax shall be levied as follows: Special Tax A
(1) $350 per unit for Single-Family Property; (2) $262.50 per unit for Apartment
Property; (3) $0.119 per SF of Floor Area for Non-Retail Commercial/Industrial Property.
3.A.5.a
Packet Pg. 101 Attachment: CFD 2003-1 Annex 63 - Resolution 3914 of Intention (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ)
Resolution No. 3914
Special Tax B (1) $600.00 per unit for Single-Family Property; (2) $450.00 per unit for
Apartment Property; (3) $0.204 per SF of Floor Area for Non -Retail
Commercial/Industrial Property. The Special Tax B is a one -time special tax that shall
be collected by the City at the time a building permit for new construction is issued for
an Assessor's Parcel of Taxable Property. For each subsequent fiscal ye ar, the
Maximum Special Tax A and Special Tax B shall be increased by the percentage
change in the Consumer Price Index with a maximum annual increase of six percent
(6.00%) and a minimum increase of two percent (2.00%) of the amount in effect in the
previous Fiscal Year.
Any taxpayer that believes that the amount of the Special Tax assigned to a Parcel is in
error may file a written notice with the CFD Administrator appealing the levy of the
Special Tax. This notice is required to be filed with the CFD Adm inistrator during the
fiscal year the error is believed to have occurred. The City and/or CFD Administrator will
then promptly review the appeal and, if necessary, meet with the taxpayer. If the City
and/or CFD Administrator verifies that the tax should be changed, the Special Tax levy
shall be corrected, and, if applicable in any case, a credit shall be applied to the Special
Tax levied on such parcel in the subsequent fiscal year.
The Special Tax, as levied pursuant to Section D of the Rate and Method of
Apportionment, shall be collected in the same manner and at the same time as ordinary
ad valorem property taxes; provided, however, that the CFD may direct bill the Special
Tax, may collect Special Taxes at a different time or in a different manner if nece ssary,
to meet the financial obligations of Annexation No. 63 and the CFD, or as otherwise
determined appropriate by the City.
The Special Tax shall be levied in perpetuity to fund Public Services provided to
Annexation No. 63 of the CFD.
If at least 12 persons have been registered to vote within the territory to be annexed to
the CFD for each of the 90 days preceding the close of the public or protest hearing, the
vote in the special election shall be by the registered voters of Annexation No. 63 with
each voter having one vote. In that event, the special election shall be conducted by the
Registrar of Voters of the County of Riverside and shall be held on a date selected by
the City Council, and the ballots for the special election shall be distributed to the
qualified electors of Annexation No. 63 by mail with return postage prepaid, and the
special election shall be conducted as a mail ballot election.
If, at the time of the close of the protest hearing, less than 12 persons have been
registered to vote within the territory of Annexation No. 63, the vote shall be by the
landowners of Annexation No. 63, with each landowner of record at the close of the
protest hearing having one vote for each acre or portion of an acre of land that he or
3.A.5.a
Packet Pg. 102 Attachment: CFD 2003-1 Annex 63 - Resolution 3914 of Intention (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ)
Resolution No. 3914
she owns within Annexation No. 63. In that event, the special election shall be
conducted by the City Clerk.
At the hearing, the testimony of all interested persons, including all taxpayers or
persons owning property in the area, for or against the annexation of Annexation N o. 63
to the CFD, the extent of Annexation No. 63, the furnishing of a specified type or types
of public facilities or services, will be heard. If 50 percent or more of the registered
voters residing within the territory proposed to be annexed to the CFD, or the owners of
one-half or more of the area of the land in the territory proposed to be annexed to the
CFD and not exempt from the Special Tax, file written protests against the annexation
of Annexation No. 63 to the CFD, and protests are not withdrawn so as to reduce the
value of the protests to less than a majority, no further proceedings to annex Annexation
No. 63 to the CFD or to levy the Special Tax shall be taken for a period of one year from
the date of the decision of the City Council. If the majo rity protests of the registered
voters or the landowners are only against the furnishing of a specified type or types of
facilities or services within Annexation No. 63 or against levying a specified special tax,
those types of facilities or services or the specified special tax shall be eliminated from
the resolution of annexation. Protests can be delivered or mailed to the City Clerk at 595
S. San Jacinto Avenue, San Jacinto, CA 92583.
All capitalized terms not defined herein shall be as defined in the Re solution of Intention
to Annex Territory to the CFD. The complete texts of the Resolution of Intention to
Annex Territory to the CFD, the proposed Rate and Method of Apportionment of the
Special Tax among parcels of real property in the CFD and Annexation No. 63, and the
Boundary Map of Annexation No. 63 are on file in the office of the City Clerk and
available for public inspection.
If you have any questions, please call NBS at (800) 676 -7516.
Sincerely,
Julia Espinoza, City Clerk
City of San Jacinto
3.A.5.a
Packet Pg. 103 Attachment: CFD 2003-1 Annex 63 - Resolution 3914 of Intention (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ)
ANNEXATION MAP NO. 63 OF
CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2003-1
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF SAN JACINTO THIS ________ DAY OF ______________,
20___.
________________________________________
CITY CLERK
CITY OF SAN JACINTO
RIVERSIDE COUNTY, CALIFORNIA
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OF ANNEXATION NO. 63 TO
CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO, AT A MEETING THEREOF, HELD
ON THE _____ DAY OF ______________, 20___, BY ITS RESOLUTION NO. __________________.
________________________________________
CITY CLERK
CITY OF SAN JACINTO
RIVERSIDE COUNTY, CALIFORNIA
FILED THIS ________ DAY OF ______________, 20___, AT THE HOUR OF _______ O’CLOCK __M, IN BOOK ________ OF
MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE ______ IN THE OFFICE OF THE COUNTY
RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
____________________________
DEPUTY
COUNTY RECORDER
COUNTY OF RIVERSIDE, CALIFORNIA
FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR PARCELS, REFERENCE IS MADE TO THE MAPS
OF THE ASSESSOR, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
REFERENCE IS HEREBY MADE TO THAT CERTAIN MAP ENTITLED “AMENDED PROPOSED BOUNDARY MAP OF CITY
OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA”
FILED THE 22ND DAY OF DECEMBER, 2003, AT THE HOUR OF 8:00 O’CLOCK A.M. IN BOOK 55 OF MAPS OF
ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGES 58-59 AND AS INSTRUMENT NO. 2003-995886 IN
THE OFFICE OF THE COUNTY RECORDER FOR THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, WHICH THIS
ANNEXATION MAP AFFECTS. CERTAIN ANNEXATION PROCEEDINGS HAVE BEEN CONDUCTED WHICH HAVE ADDED
OTHER TERRITORY TO THIS COMMUNITY FACILITIES DISTRICT NO IDENTIFIED IN THIS BOUNDARY MAP.
CITY OF SAN JACINTO
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
439-111-003
439-111-004
LA ENTRADA
ESPLANADE AVE
SAN JACINTO AVESAN JACINTO AVEESPLANADE AVE
Sheet 1 of 1
Source: Riverside County GIS
Geographic Coordinate Reference: GCS North American 1983
Projection: NAD 1983 StatePlane California VI FIPS 0406 Feet
¬«79
¬«79
R
AMO
N
A
E
X
P
YSTATE STWARREN RDSANDERSON AVEMAIN ST
COTTONWOOD AVE
ESPLANADE AVE
M
O
U
N
T
A
I
N
A
V
E
RAMONA EXPY
SAN JACINTO AVE
R
A
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A
B
L
V
D LAKE PARK D
R
ESPLANADA AVE
C I T Y O F S A N J A C I N T O
C I T Y O F S A N J A C I N T O
Annexation Boundary
Annexation Parcels
Parcels 0 100 20050 Feet
O
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P
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3.A.5.b
Packet Pg. 104 Attachment: CFD 2003-1 Annex 63 - Exhibit A Boundary Map (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ)
City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 1
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2003-1
OF THE CITY OF SAN JACINTO
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in Community
Facilities District No. 2003-1 of the City of San Jacinto ("CFD No. 2003-1") and collected each
Fiscal Year commencing in Fiscal Year 2003-2004, in an amount determined by the Council through
the application of the appropriate Special Tax for "Developed Property" as described below. All of
the real property in CFD No. 2003-1, unless exempted by law or by the provisions hereof, shall be
taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor’s Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area
shown on the applicable final map, parcel map, condominium plan, or other recorded County
parcel map.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs
directly related to the administration of CFD No. 2003-1: the costs of computing the Special
Taxes and preparing the annual Special Tax collection schedules (whether by the City or
designee thereof or both); the costs of collecting the Special Taxes (whether by the County
or otherwise); the costs to the City, CFD No. 2003-1 or any designee thereof of complying
with City or CFD No. 2003-1 disclosure requirements; the costs associated with responding
to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2003-1 or any
designee thereof related to an appeal of the Special Tax; and the City’s annual administration
fees and third party expenses. Administrative Expenses shall also include amounts estimated
or advanced by the City or CFD No. 2003-1 for any other administrative purposes of CFD
No. 2003-1, including attorney’s fees and other costs related to commencing and pursuing to
completion any foreclosure of delinquent Special Taxes.
"Apartment Property" means any Assessor's Parcel of Residential Property that consists of
a building or buildings comprised of attached residential units available for rental, but not
purchase, by the general public and under common management.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating
parcels by Assessor's Parcel number.
3.A.5.c
Packet Pg. 105 Attachment: CFD 2003-1 Annex 63 - Exhibit B RMA (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ)
City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 2
"CFD Administrator" means an official of the City, or designee thereof, responsible for
calculating the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"CFD No. 2003-1" means Community Facilities District No. 2003-1 of the City.
"City" means the City of San Jacinto.
"Consumer Price Index" means the Consumer Price Index published by the U.S. Bureau of
Labor Statistics for "All Urban Consumers" in the Los Angeles - Anaheim - Riverside Area,
measured as of the month of December in the calendar year which ends in the previous
Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall
be another index as determined by the CFD Administrator that is reasonably comparable to
the Consumer Price Index for the City of Los Angeles.
"Council" means the City Council of the City, acting as the legislative body of CFD No.
2003-1.
"County" means the County of Riverside.
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a
building permit for new construction was issued after March 1, 2003 and as of March 1 of
the previous Fiscal Year.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Floor Area" for any Non-Residential Property means the total square footage of the
building(s) located on such property, measured from outside wall to outside wall, exclusive
of overhangs, porches, patios, carports, or similar spaces attached to the building but
generally open on at least two sides. The determination of Floor Area shall be made by
reference to the building permit(s) issued for such Assessor’s Parcel.
"Land Use Class" means any of the classes listed in Table 1 and Table 2.
"Maximum Special Tax" means the Maximum Special Tax A and/or Maximum Special
Tax B, as applicable.
"Maximum Special Tax A" means the Maximum Special Tax A, determined in accordance
with Section C.1 below, that can be levied in any Fiscal Year on any Assessor’s Parcel.
"Maximum Special Tax B" means the Maximum Special Tax B, determined in accordance
with Section C.2 below, that can be levied on any Assessor’s Parcel of Taxable Property on a
one-time basis, at the time a building permit for new construction is issued for such
Assessor’s Parcel.
"Non-Residential Property" means all Assessor’s Parcels for which a building permit(s)
was issued for a non-residential use.
3.A.5.c
Packet Pg. 106 Attachment: CFD 2003-1 Annex 63 - Exhibit B RMA (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ)
City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 3
"Non-Retail Commercial/Industrial Property" means all Assessor’s Parcels of
Developed Property that are considered Non-Residential Property and that are not Retail
Commercial Property.
"Property Owner Association Property" means, for each Fiscal Year, any Assessor’s
Parcel within the boundaries of CFD No. 2003-1 that was owned by or irrevocably offered
for dedication to a property owner association, including any master or sub-association, as of
January 1 of the previous Fiscal Year.
"Proportionately" means that the ratio of the actual Special Tax A levy to the Maximum
Special Tax A is equal for all Assessor’s Parcels of Developed Property.
"Public Property" means, for each Fiscal Year, (i) any property within the boundaries of
CFD No. 2003-1 that was owned by or irrevocably offered for dedication to the federal
government, the State, the City or any other public agency as of January 1 of the previous
Fiscal Year; provided however that any property leased by a public agency to a private entity
and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in
accordance with its use; or (ii) any property within the boundaries of CFD No. 2003-1 that
was encumbered, as of January 1 of the previous Fiscal Year, by an unmanned utility
easement making impractical its utilization for other than the purpose set forth in the
easement.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a
building permit has been issued for purposes of constructing one or more residential
dwelling units.
"Retail Commercial Property" means all Assessor’s Parcels of Non-Residential Property
for which the building permit was issued for a retail sales tax generating use or which is
being used primarily for a retail sales tax generating use, as determined by the CFD
Administrator. However, if the land use of an Assessor’s Parcel changes, and such
Assessor’s Parcel no longer generates retail sales tax, such Assessor’s Parcel shall no longer
be considered Retail Commercial Property and shall be classified and taxed according to its
use, as determined by the CFD Administrator.
"Single Family Property" means all Assessor’s Parcels of Residential Property for which
building permits have been issued for detached residential units, excluding Apartment
Property.
"Special Tax" means the Special Tax A and/or Special Tax B, as applicable.
"Special Tax A" means the annual special tax to be levied in each Fiscal Year on each
Assessor's Parcel of Developed Property to fund the Special Tax Requirement.
"Special Tax B" means the one-time Special Tax which is paid directly to the City at the
time a building permit for new construction is issued for an Assessor’s Parcel of Taxable
Property.
3.A.5.c
Packet Pg. 107 Attachment: CFD 2003-1 Annex 63 - Exhibit B RMA (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ)
City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 4
"Special Tax Requirement" means that amount required in any Fiscal Year to meet the
needs of CFD No. 2003-1 to: (i) pay for fire protection and suppression services (ii) pay for
police protection services (iii) pay Administrative Expenses; less (iv) a credit for any funds
available to reduce the annual Special Tax levy, as determined by the CFD Administrator.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No.
2003-1 which are not exempt from the Special Tax pursuant to law or Section E below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified
as Developed Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2003-1 shall be classified as
Developed Property or Undeveloped Property and shall be subject to Special Taxes in
accordance with the rate and method of apportionment determined pursuant to Section C.
Residential Property shall be assigned to Land Use Classes 1 and 2 based on the type of
structure located on the Assessor's Parcel. Non-Retail Commercial/Industrial Property shall
be assigned to Land Use Class 3.
C. MAXIMUM SPECIAL TAX RATE
1. Special Tax A
The Special Tax A is an annual Special Tax that shall be levied on Developed
Property to fund the Special Tax Requirement.
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for Fiscal Year 2003-2004 for each
Land Use Class is shown below in Table 1.
3.A.5.c
Packet Pg. 108 Attachment: CFD 2003-1 Annex 63 - Exhibit B RMA (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ)
City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 5
TABLE 1
Maximum Special Tax A for Developed Property
For Fiscal Year 2003-2004
Community Facilities District No. 2003-1
Land Use Class Description Maximum Special Tax A
1 Single Family Property $350 per unit
2 Apartment Property $262.50 per unit
3 Non-Retail
Commercial/Industrial Property $0.119 per SF of Floor Area
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2004, the Maximum Special
Tax A shall be increased based on the percentage change in the
Consumer Price Index with a maximum annual increase of six
percent (6%) and a minimum annual increase of two percent (2%) per
Fiscal Year.
(iii) Multiple Land Use Classes
In some instances an Assessor’s Parcel of Developed Property may
contain more than one Land Use Class. The Maximum Special Tax
that can be levied on an Assessor’s Parcel shall be the sum of the
Maximum Special Taxes that can be levied for all Land Use Classes
located on that Assessor’s Parcel.
b. Undeveloped Property
No Special Tax A shall be levied on Undeveloped Property.
3.A.5.c
Packet Pg. 109 Attachment: CFD 2003-1 Annex 63 - Exhibit B RMA (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ)
City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 6
2. Special Tax B
The Special Tax B is a one-time Special Tax that shall be paid directly to the City at
the time a building permit for new construction is issued for an Assessor’s Parcel of
Taxable Property.
a. Maximum Special Tax B
The Maximum Special Tax B for Fiscal Year 2003-2004 for each Land Use
Class is shown below in Table 2.
TABLE 2
Maximum Special Tax B
For Fiscal Year 2003-2004
Community Facilities District No. 2003-1
Land Use Class Description Maximum Special Tax B
1 Single Family Property $600 per unit
2 Apartment Property $450 per unit
3
Non-Retail
Commercial/Industrial
Property
$0.204 per SF of Floor Area
b. Increase in the Maximum Special Tax B
On each July 1, commencing on July 1, 2004, the Maximum Special Tax B
shall be increased based on the percentage change in the Consumer Price
Index with a maximum annual increase of six percent (6%) and a minimum
annual increase of two percent (2%) per Fiscal Year.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2003-2004 and for each following Fiscal Year, the
Council shall determine the Special Tax Requirement. The Council shall levy the
Special Tax A until the amount of Special Taxes equals the Special Tax
Requirement.
The Special Tax A shall be levied Proportionately on each Assessor’s Parcel of
Developed Property at up to 100% of the applicable Maximum Special Tax A as
needed to satisfy the Special Tax Requirement.
3.A.5.c
Packet Pg. 110 Attachment: CFD 2003-1 Annex 63 - Exhibit B RMA (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ)
City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 7
Notwithstanding the above, under no circumstances will the Special Tax A levied
against any Assessor’s Parcel of Residential Property for which an occupancy permit
for private residential use has been issued be increased by more than ten percent as a
consequence of delinquency or default by the owner of any other Assessor’s Parcel
within CFD No. 2003-1.
2. Special Tax B
Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the
Council shall levy the Special Tax B on each Assessor’s Parcel that is subject to the
Special Tax B at 100% of the applicable Maximum Special Tax B. The Special Tax
B shall be collected by the City at the time a building permit for new construction is
issued for an Assessor’s Parcel of Taxable Property.
E. EXEMPTIONS
No Special Tax shall be levied on Retail Commercial Property, Property Owner Association
Property or Public Property. However, should an Assessor’s Parcel no longer be classified
as Retail Commercial Property, Property Owner Association Property or Public Property, its
tax-exempt status will be revoked.
F. APPEALS AND INTERPRETATIONS
Any landowner or resident may file a written appeal of the Special Tax on his/her property
with the CFD Administrator, provided that the appellant is current in his/her payments of
Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must
be paid on or before the payment date established when the levy was made. The appeal must
specify the reasons why the appellant claims the Special Tax is in error. The CFD
Administrator shall review the appeal, meet with the appellant if the CFD Administrator
deems necessary, and advise the appellant of its determination. If the CFD Administrator
agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax
on the appellant’s property and/or provide a refund to the appellant. If the CFD
Administrator disagrees with the appellant and the appellant is dissatisfied with the
determination, the appellant then has 30 days in which to appeal to the Council by filing a
written notice of appeal with the City Clerk, provided that the appellant is current in his/her
payments of Special Taxes. The second appeal must specify the reasons for its disagreement
with the CFD Administrator’s determination.
Interpretations may be made by the Council by ordinance or resolution for purposes of
clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.
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City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 8
G. MANNER OF COLLECTION
The Special Tax A shall be collected in the same manner and at the same time as ordinary ad
valorem property taxes; provided, however, that in Fiscal Year 2004-05 and each Fiscal Year
thereafter, CFD No. 2003-1 may directly bill the Special Tax A, may collect Special Taxes at
a different time or in a different manner if necessary to meet its financial obligations, and
may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as
permitted by the Act. Commencing in Fiscal Year 2003-04, the Special Tax B shall be paid
directly to the City.
H. TERM OF SPECIAL TAX
The Special Tax A and Special Tax B shall be levied as long as necessary to fund items (i)
and (ii) of the Special Tax Requirement.
K:\Clients2\San Jacinto\Mello\Police&Fire CFD\RMA\servicesrma9.doc
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EXHIBIT B
CITY OF JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2003-1
MAXIMUM SPECIAL TAX A FOR
DEVELOPED PROPERTY
Land Use
Class Description Fiscal Year 2003-04
Maximum Special Tax A [1]
1 Single Family Property $350.00 per unit
2 Apartment Property $262.50 per unit
3 Non-Retail Commercial/Industrial
Property $0.119 per SF of Floor Area
[1] On each July 1, commencing July 1, 2004, the Maximum Special Tax A for Developed Property
shall be increased by the percentage change in the Consumer Price Index with a maximum annual
increase of six percent (6.00%) and a minimum increase of two percent (2.00%) of the amount in
effect in the previous Fiscal Year.
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EXHIBIT C
CITY OF JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2003-1
MAXIMUM SPECIAL TAX B
Land Use
Class Description Fiscal Year 2003-04
Maximum Special Tax B [1]
1 Single Family Property $600.00 per unit
2 Apartment Property $450.00 per unit
3 Non-Retail Commercial/Industrial
Property $0.204 per SF of Floor Area
[1] On each July 1, commencing July 1, 2004, the Maximum Special Tax B for property where a
building permit has been issued shall be increased by the percentage change in the Consumer Price
Index with a maximum annual increase of six percent (6.00%) and a minimum increase of two
percent (2.00%) of the amount in effect in the previous Fiscal Year.
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Packet Pg. 114 Attachment: CFD 2003-1 Annex 63 - Exhibit B RMA (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ)
May 17, 2022
TO: City Council
REQUESTED BY: Erika Gomez, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: CFD 2020-1 Annex 5 - Resolution of Intent - DWSJ
RECOMMENDATION
Staff recommends that the City Council adopt the Resolution of Intention to Annex Territory,
commonly known as the site of Tommy’s Car Wash and The Habit Burger, into Community
Facilities District No. 2020-1 and Authorize the Levy of Special Taxes therein.
DISCUSSION
The City Council and Planning Commission previously identified the need for a financing
mechanism for maintenance and services on improvements related to new development within
the City. In response, the City Council formed Community Facilities District 2020-1 (the "CFD")
and approved the levy of special taxes therein. The CFD provides funding for services including,
but not limited to, the maintenance of landscaped areas, parkways, and median improvements
throughout the CFD, and the maintenance and servicing of streetlights, traffic signals, and
appurtenant facilities (the "Services"). The Rate and Method of Apportionment ("RMA") of the
CFD defines multiple types of property that may be levied a special tax and utilizes tax zones to
allow future development to annex to the CFD rather than forming a new C FD for each new
development. The RMA also defines a Contingent Special Tax, which would be levied only if
the developer failed to perform maintenance of certain improvements to the City's standards.
The City levies taxes on eligible parcels within the CFD to mitigate the added cost of providing
the Services to new development. The adoption of the Resolution of Intention is required to
annex the territory into the CFD. The Resolution of Intention approves the CFD annexation
boundaries and sets the Public Hearing date for June 21, 2022, during a regularly scheduled City
Council meeting. A ballot will be mailed to the property owner(s) within the annexation territory
to vote for or against the annexation.
The property owner(s) have submitted a Petition to annex into Community Facilities District No.
2020-1 as a funding mechanism for the Services.
FISCAL IMPACT:
The annexation of territory into the CFD will assist in mitigating the cost of funding the
Services. This project will not be levied the Contingent Special Tax unless the developer fails to
perform maintenance to the City's standards. In that case, the Contingent Special Tax would be
collected in addition to the Special Tax. Both collected taxes would increase annually by a factor
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Packet Pg. 115
equal to the annual change in the April-to-April Riverside-San Bernardino-Ontario CPI-U Index
up to a maximum factor of 5%.
In the Fiscal Year 2022/23, it is anticipated that the CFD will collect $3,743.06 in special tax
revenue based upon full project buildout and, if applicable, $12,766.00 in Contingent Special
Tax revenue.
ATTACHMENTS:
CFD 2020-1 Annex. No. 5 - Resolution 3913 of Intention
CFD 2020-1 Annex. No. 5 - Boundary Map
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Resolution No. 3913
Page 1 of 21
STATE OF CALIFORNIA ) RESOLUTION NO. 3913
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN J ACINTO DECLARING INTENTION TO ANNEX
TERRITORY TO SAN JACINTO COMMUNITY FACILITIES
DISTRICT NO. 2020-1 AND ADOPTING A MAP OF THE
AREA PROPOSED TO BE ANNEXED THERETO
(ANNEXATION NO. 5 TO CFD 2020-1 (TAX ZONE NO. 6))
WHEREAS, the City Council (the “City Council”) of the City of San Jacinto
(the “City”) has established San Jacinto Community Facilities District No. 2020-1,
County of Riverside, State of California (the “District”) for the purpose of levying special
taxes on parcels of taxable property therein for the purpose of providing certain services
which are necessary to meet increased demands placed upon the City as a result of the
development of said real property; and
WHEREAS, it is necessary that certain parcels of property be annexed to
the District in order that they may be developed and receive the benefit of services
which will be financed by the annual levy of special taxes on said property sufficient to
pay the costs of such services and costs incidental thereto; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing
with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California
Government Code, commonly known as the “Mello-Roos Community Facilities Act of
1982,” (the “Act”) to annex territory to the District by complying with the procedures set
forth in said Article 3.5;
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the
City Council of the City of San Jacinto, as follows:
Section 1. Recitals. The above recitals are true and correct and are
hereby incorporated into this resolution.
Section 2. Name of District. The name of the existing Community
Facilities District is San Jacinto Community Facilities District No. 2020-1, County of
Riverside, State of California.
Section 3. Intention. The City Council declares its intention to conduct
proceedings pursuant to said Article 3.5 for the annexation to the District of the territory
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described in Exhibit “A” attached hereto. The City Council determines that the public
convenience and necessity require that such territory be annexed to the District.
Section 4. Description of Territory Proposed To Be Annexed;
Annexation Map. The territory which is included in the District is described on the map
of the District recorded on May 20, 2020 in Book 85 of Maps of Assessment and
Community Facilities Districts, page 14, and as Instrument No 2020-0214738 in the
official records of the County of Riverside. The territory proposed to be annexed to the
District is described in Exhibit “A” attached hereto and by this reference made a part
hereof. Such territory is also shown and described on the map thereof entitled
“Annexation Map No. 5, Community Facilities District No. 2020-1 (Tax Zone No. 6) of
the City of San Jacinto, County of Riverside, State of California,” which is on file with the
City Clerk (the “Annexation Map”).
Section 5. Types of Services; Incidental Expenses; Plan for Providing
Services. A general description of the services which are to be funded with the
revenues from special taxes which are to be levied on parcels of taxable property within
the District is set forth in Exhibit “B” attached hereto and by reference made a part
hereof. The District shall also finance costs associated with the determination of the
amount of and the levy and collection of special taxes which are levied to provide such
services and costs otherwise incurred in order to carry out its authorized purposes. The
services described above shall be provided, as needed, throughout the District and the
territory proposed to be annexed thereto for the b enefit of all owners of property and
residents of the District and the territory proposed to be annexed thereto. All owners of
taxable parcels of property within the District and the territory proposed to be annexed
thereto shall pay special taxes at the same rate to finance the annual cost of providing
such services. The services to be provided and financed by the District, as previously
described, are necessary to meet increased demands placed upon the City as a result
of development occurring within the District and the territory proposed to be annexed
thereto.
Section 6. Special Taxes. Except where funds are otherwise available,
special taxes sufficient to pay the costs of the services described in Section 5 above
and the annual administrative expenses of the City and the District in determining,
apportioning, levying and collecting such special taxes, shall be annually levied within
the territory proposed to be annexed to the District. Pursuant to Section 53340 of the
California Government Code, the special taxes shall be collected in the same manner
and at the same time as ordinary ad valorem property taxes; provided however, that the
District may collect Special Taxes at a different time or in a different manner if
necessary to meet its financial obligations. The rates and method of apportionment of
said special taxes shall be as set forth in Exhibit “C” attached hereto and by this
reference made a part hereof.
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Section 7. Adoption of Annexation Map. Pursuant to Section 3110.5 of
the Streets and Highways Code, the City Council adopts the Annexation Map as the
map of the area proposed to be annexed to the District. Pursuant to Section 3111 of
said Code, the City Clerk shall file the original of the Annexation Map in her office and
shall file a copy of the Annexation Map with the County Recorder of the County of
Riverside no later than 15 days prior to the date of the hearing specified in Section 8
hereof.
Section 8. Hearing. A public hearing on the proposed annexation of
said territory to the District shall be held at 6:30 p.m. on Tuesday, June 21, 2022, in the
San Jacinto Community Center, located at 625 S. Pico Avenue, San Jacinto, California.
Section 9. Notice. The City Clerk shall publish a notice of the time and
place of said hearing as required by Section 53322 of the California Governme nt Code,
and shall also give notice of the hearing by first class mail to each registered voter and
landowner within the territory proposed to be annexed to the District as prescribed by
Section 53339.4 of said Code. Said notice shall be published at least seven (7) days
and mailed at least fifteen (15) days before the date of the hearing and shall contain the
information required by said Section 53339.4.
Section 10. Description of Voting Procedures. The voting procedures to
be followed in conducting the election on th e proposition with respect to the levy of
special taxes within the territory proposed to be annexed to the District to shall be as
follows:
(a) If at the time of the close of the public or protest hearing
(hereinafter referred to as the “protest hearing”) at least 12 persons are
registered to vote within the territory proposed to be annexed to the District, the
election shall be conducted by the City Clerk, and shall be held on a date
selected by the City Council in conformance with the provisions of Sectio n 53326
of the California Government Code (“Section 53326”) and pursuant to the
applicable provisions of law regulating elections of the City, insofar as they may
be applicable, and pursuant to Section 53326 the ballots for the election shall be
distributed to the qualified electors of the territory proposed to be annexed to the
District by mail with return postage prepaid and the election shall be conducted
as a mail ballot election.
(b) If at the time of the close of the protest hearing, and for at least the
preceding 90 days, less than 12 persons have been registered to vote within the
territory proposed to be annexed to the District, and pursuant to Section 53326,
the vote is therefore to be by the landowners of that territory, with each
landowner of record at the close of the protest hearing having one vote for each
acre or portion of an acre of land that he or she owns, the election shall be
conducted by the City Clerk as follows:
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(1) The election shall be held on the earliest date following the
conclusion of the protest hearing upon which it can be held pursuant to
Section 53326 which may be selected by the City Council, or such earlier
date as the owners of land within the territory proposed to be annexed to
the District and the City Clerk agree and concur is acceptable.
(2) Pursuant to Section 53326, the election may be held earlier
than 90 days following the close of the protest hearing if the qualified
electors of the territory proposed to be annexed to the District waive the
time limits for conducting the election set forth in Section 53326 by
unanimous written consent and the City Clerk concurs in such earlier
election date as shall be consented to by the qualified electors.
(3) Pursuant to Section 53326, ballots for the election shall be
distributed to the qualified electors by the City Clerk by mail with return
postage prepaid or by personal service.
(4) Pursuant to applicable provisions of law regulating elections
of the City which govern the conduct of mail ballot elections, and Division
4 (commencing with Section 4000) of the California Elections Code with
respect to elections conducted by mail, the City Clerk shall mail or deliver
to each qualified elector an official ballot in a form specified by the City
Council in the resolution calling the election, and shall also mail or deliver
to all such qualified electors a ballot pamphlet and instructions to voter,
including a sample ballot identical in form to the official ballot but identified
as a sample ballot, a statement pursuant to Section 9401 o f the said
Code, an impartial analysis by the City Attorney pursuant to Section 9280
of the said Code with respect to the ballot proposition contained in the
official ballot, ballot arguments and rebuttals, if any, pursuant to Sections
9281 to 9287, inclusive, of said Code, a return identification envelope with
prepaid postage thereon addressed to the City Clerk for the return of
voted official ballots, and a copy of this resolution; provided, however, that
such statement, analysis and arguments may be waived with the
unanimous consent of all the landowners of the territory proposed to be
annexed to the District and shall be so stated in the resolution adopted by
the City Council calling the election.
(5) The official ballot to be mailed or delivered by the City Clerk
to each landowner-voter shall have printed or typed thereon the name of
the landowner-voter and the number of votes to be voted by the
landowner-voter, and shall have appended to it a certification to be signed
by the person voting the official ballot which shall certify that the person
signing the certification is the person who voted the official ballot, and if
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the landowner-voter is other than a natural person, that he or she is an
officer of or other person affiliated with the landowner-voter entitled to vote
such official ballot, that he or she has been authorized to vote such official
ballot on behalf of the landowner-voter, that in voting such official ballot it
was his or her intent, as well as the intent of the landowner-voter, to vote
all votes to which the landowner-voter is entitled based on its land
ownership on the proposition set forth in the official ballot as marked
thereon in the voting square opposite such proposition, and further
certifying as to the acreage of the landowner-voter’s land ownership within
the territory proposed to be annexed to the District.
(6) The return identification envelope delivered by the City Clerk
to each landowner-voter shall have printed or typed thereon the following:
(i) the name of the landowner, (ii) the address of the landowner, (iii) a
declaration under penalty of perjury stating that the voter is the landowner
or the authorized representative of the landowner entitled to vote the
enclosed ballot and is the person whose name appears on the
identification envelope, (iv) the printed name and signature of the voter, (v)
the address of the voter, (vi) the date of signing and place of execution of
said declaration, and (vii) a notice that the envelope contains an official
ballot and is to be opened only by the City Clerk.
(7) The information-to-voter form to be mailed or delivered by
the City Clerk to the landowner-voters shall inform them that the official
ballots shall be returned to the City Clerk properly voted as provided
thereon and with the certification appended thereto properly completed
and signed in the sealed return identification envelope with the certification
thereon completed and signed and all other information to be inserted
thereon properly inserted by 5:00 o’clock p.m. on the date of the election.
(8) Upon receipt of the return identification envelopes, which are
returned prior to the voting deadline on the date of the election, the City
Clerk, shall canvass the votes cast in the election, and shall file a
statement with the City Council at its next regular meeting regarding the
results of such canvass and the election.
The procedures set forth in this section for conducting the election may be
modified as the City Council may determine to be necessary or desirable by a resolution
subsequently adopted by the City Council.
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PASSED, APPROVED, and ADOPTED this 17th day of May 2022, by the following
vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
City of San Jacinto
________________________________
Crystal Ruiz, Mayor
ATTEST:
Julia Espinoza, City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER LLP
__________________________________
Michael J. Maurer, City Attorney
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Packet Pg. 122 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3913 of Intention (CFD 2020-1 Annex 5 - Resolution of Intent - DWSJ)
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY
that the foregoing Resolution No. 3913 was passed, approved, and adopted at the
Regular Meeting of the San Jacinto City Council held on the 17th day of May, 2022.
AYES:
NAYS:
ABSENT:
ABSTAIN:
WITNESS MY HAND AND OFFICIAL SEAL this 17th day of May, 2022.
________________________________
Julia Espinoza, City Clerk
City of San Jacinto
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EXHIBIT “A”
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN
JACINTO, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
APN: 439-111-003 and 439-111-004
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B-1
EXHIBIT “B”
DESCRIPTION OF SERVICES
The types of services proposed to be provided for and financed by the proposed
District are:
(a) the maintenance of landscaped areas, parkways and medians improvements
throughout the District and public rights-of-ways, including, but not limited to, street
trees, fencing, irrigation systems, sidewalks, drainage systems, graffiti removal,
replacement, furnishing of water, electric current or energy, gas, or other illuminating
agent for the operation of any improvement within the District; and
(b) the maintenance and servicing of streetlights, traffic signals and appurtenant
facilities, including, but not limited to furnishing of electric current, materials, contracted
services, and the necessary maintenance, replacement, and repair required to keep the
improvements in operational and satisfactory condition; and
(c) any other services authorized under the Act.
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EXHIBIT “C”
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2020-1
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax shall be levied and collected in Community Facilities Dist rict No. 2020-1,
City of San Jacinto (“CFD 2020-1”) each Fiscal Year, in an amount determined by the
application of the procedures described below. All of the Taxable Property (as defined
below) in CFD 2020-1, unless exempted by the provisions hereof, shal l be taxed for the
purposes, to the extent and in the manner herein provided.
I. DEFINITIONS
The terms used herein shall have the following meanings:
“Accessory Dwelling Unit” means a secondary residential unit of limited size, as
defined in California Government Code Section 65852.1 as that may be amended from
time to time, that shares a Parcel with a Unit of Single Family Detached Property.
"Acre or Acreage" means the land area of an Assessor’s Parcel as shown on an
Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the
event the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage
for any Assessor’s Parcel shall be determined by t he CFD Administrator based upon the
applicable final map, parcel map, condominium plan, or other recorded County parcel
map or calculated using available spatial data and GIS. The square footage of an
Assessor’s Parcel is equal to the Acreage of such parcel multiplied by 43,560.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5, Division 2 of Title 5 of the Government Act of the State of California.
“Administrative Expenses” means the following actual or reasonably estimated costs
directly related to the administration of CFD 2020 -1: the costs of computing the Annual
Special Tax Requirement and the annual Special Tax and of preparing the annual
Special Tax collection schedules; the costs of collecting the Special Taxe s, including
any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s
Office; the costs of the City or designee in complying with the disclosure requirements
of the California Government Code (including the Act), including p ublic inquiries
regarding the Special Taxes; the costs of the City or designee related to an appeal of
the Special Tax; and the costs of commencing and pursuing to completion any
foreclosure action arising from delinquent Special Taxes in CFD 2020-1.
“Affordable Housing Property” means, in any Fiscal Year, all or a portion of any
Assessor’s Parcel within the boundaries of CFD 2020 -1 that is subject to a deed
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restriction, resale restriction, or regulatory agreement recorded in favor of the City of
San Jacinto that restricts Unit rents or prices chargeable to lower income households.
“Affordable Multi-Family Property” means Multi-Family Property that is also
Affordable Housing Property.
“Affordable Single Family Attached Property” means Single Family Attached
Property that is also Affordable Housing Property.
“Affordable Single Family Detached Property” means Single Family Detached
Property that is also Affordable Housing Property.
“Agricultural Property” means all Assessor’s Parcels of Developed Property in CFD
2020-1 that are used for farming or agriculture according to Assessor’s Data or as
otherwise known by the CFD Administrator.
“Annual Services Costs” means the amounts required to fund services authorized to
be funded by CFD 2020-1.
“Annual Special Tax Requirement” means that amount with respect to CFD 2020-1
determined by the City Council or designee as required in any Fiscal Year to pay: (1)
the Administrative Expenses, (2) the Annual Services Costs, (3) the Contingent Special
Tax Requirement, (4) any amount required to establish or replenish any reserve or
replacement fund established in connection with CFD 2020-1, and (5) reasonably
anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes
levied in the previous Fiscal Year.
“Assessor’s Data” means Acreage or other Parcel information contained in the
records of the County Assessor.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel
Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County
designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that
number assigned to such Assessment’s Parcel by the County for pu rposes of
identification.
"Backup Contingent Special Tax" means the Backup Contingent Special Tax
applicable to each Assessor’s Parcel of Taxable Property, as determined in accordance
with Section III below.
"Backup Special Tax" means the Backup Special Tax applicable to each Assessor’s
Parcel of Taxable Property, as determined in accordance with Section III below.
“Boundary Map” means that map recorded with the County Recorder’s office on the
20th day of May in Book 85 at Page 14 as Document Number 2020 -0214738.
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“Building Square Foot(age)” means the structure square footage as shown in the
building permit issued or as contained in the County Assessor’s Data.
“CFD 2020-1” means the Community Facilities District No. 2020 -1, City of San Jacinto,
County of Riverside, State of California.
“CFD Administrator” means an official of the City, or designee or agent or consultant,
responsible for administering the Special Tax in accordance with this Rate and Method
of Apportionment.
“City” means the City of San Jacinto, County of Riverside, California.
“City Council” means the City Council of the City, acting as the legislative body of CFD
2020-1.
“Commercial Property” means all Assessor’s Parcels of Developed Property for which
a building permit was issued for a comme rcial use, according to Assessor’s Data or as
otherwise known by the CFD Administrator.
“Contingent Services” means those services to be provided initially by a POA or a
property owner where an irrevocable offer of dedication, public easement or other
instrument allows for the dedication of improvements to the City so that the City or
contractor(s) of the City may provide such services should the POA or property owner
be unable to provide the Contingent Services to the City’s standards or pay for the costs
of such services. The actual services that are considered Contingent Service may differ
within each Tax Zone.
“Contingent Special Tax” means that amount levied in each Fiscal Year on each
Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax Requirement.
“Contingent Special Tax Requirement” means that amount with respect to each Tax
Zone as required in any Fiscal Year if the POA is unable to provide the Contingent
Services to the City’s standards or pay for the costs of Contingent Services incurred or
otherwise payable.
“County” means the County of Riverside, California.
“Developed Property” means, in any Fiscal Year, all Taxable Property in CFD 2020 -1
for which a building permit for new construction was issued by the City prior to June 1 of
the preceding Fiscal Year. Agricultural Property used for farming or agriculture is
considered Developed Property even if no structure is on the Parcel.
“Exempt Property” means all property located within the boundaries of CFD 2020 -1
which is exempt from the Special Tax pursuant to Section V below.
“Fiscal Year” means the period from July 1st of any calendar year through June 30th of
the following calendar year.
3.A.6.a
Packet Pg. 128 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3913 of Intention (CFD 2020-1 Annex 5 - Resolution of Intent - DWSJ)
C-4
“Future Annexation Area” means the area designated for future annexation to CFD
2020-1 as shown in the CFD 2020-1 Boundary Map, as may be amended from time to
time.
“GIS” means a geographic information system.
“Industrial Property” means all Assessor’s Parcels of Developed Property for which a
building permit was issued for an industrial use, according to Assessor’s Data or as
otherwise known by the CFD Administrator.
“Maximum Contingent Special Tax” means the maximum Contingent Special Tax
authorized for levy in any Fiscal Year that may apply to Taxable Property as described
in Section III.
“Maximum Special Tax” means the maximum Special Tax authorized for levy in any
Fiscal Year that may apply to Taxable Property as described in Section III.
“Mixed Use Property” means all Assessor’s Parcels of Developed Property that have
more than one property classifications, allowing for both residential and other use types
on each such Assessor’s Parcel. For an Assessor’s Parcel of Mixed Use Property, the
Special Tax shall be calculated and levied for each use type present on the Assessor’s
Parcel.
“Multi-Family Property” means, in any Fiscal Year, all Parcels of Developed Property
for which a building permit or use permit has been issued for construction of a
residential structure with five or more Units that share a single Assessor’s Parcel
Number, are offered for rent to the general public, and cannot be purchased by
individual homebuyers, according to Assessor’s Data or as otherwise known by the
CFD Administrator.
“Non-Residential Property” means all Assessor’s Parcels of Developed Property for
which a building permit was issued, that is not used for people to live in, and does not
include Agricultural Property, Commercial Property, Multi-Family Property, Industrial
Property or Public Property, according to Assessor’s Data or as otherwise known by the
CFD Administrator.
“Parcel” means a lot or parcel with a parcel number assigned by the Assessor of the
County.
“Property Owner’s Association” or “POA” means any property owner’s association
established to provide Contingent Services within a Tax Zone.
“Property Owners Association Property” means any property within the boundaries
of CFD 2020-1 which is (a) owned by a property owners’ association or (b) designated
with specific boundaries and acreage on a final subdivision map as property owner
association property. As used in this definition, a property owner association includes
any master or sub-association.
3.A.6.a
Packet Pg. 129 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3913 of Intention (CFD 2020-1 Annex 5 - Resolution of Intent - DWSJ)
C-5
“Proportionately” means, for Developed Property that the ratio of the Special Tax levy
to the Assigned Special Tax or the Backup Special Tax is equal for all Assessors’
Parcels of Developed Property within CFD 2020-1. For Undeveloped Property,
“Proportionately” means that the ratio of the actual Special Tax levy to the Maximum
Special Tax is equal for all Assessor’s Parcels of Undeveloped Property within CFD
2020-1.
“Public Property” means any property within the boundaries of CFD 2020 -1 owned by,
irrevocably offered or dedicated to, or for which an easement for purposes of public or
private road right-of-way making the property unusable for any other purpose has been
granted to the federal government, the State of California, the County, the City, or any
local government or other public agency.
“Single Family Attached Property” means, in any Fiscal Year, all Parcels of
Developed Property for which a building permit or use permit was issued for
construction of a residential structure consisting of two or m ore Units that share
common walls, have separate Assessor’s Parcel Numbers assigned to them (except for
a duplex triplex, or fourplex unit, which may share a Parcel with another duplex, triplex
or fourplex Unit(s)), and may be purchased by individual homebuyers (which shall still
be the case even if the Units are purchased and subsequently offered for rent by the
owner of the Unit), including such residential structures that meet the statutory definition
of a condominium project contained in Civil Code Section 4125, according to Assessor’s
Data or as otherwise known by the CFD Administrator.
“Single Family Detached Property” means, in any Fiscal Year, all Parcels of
Developed Property for which a building permit was issued for construction of a Unit
that does not share a common wall with another Unit, according to Assessor’s Data or
as otherwise known by the CFD Administrator.
“Special Tax” means the amount levied in each Fiscal Year on each Assessor’s Parcel
of Taxable Property to fund the Annual Special Tax Requirement.
“Tax Escalation Factor” means a factor equal to the annual change in the April-to-
April Riverside-San Bernardino-Ontario CPI-U Index up to a maximum factor of 5% that
will be applied annually after Fiscal Year 2020/21 to increase the Maximum Special Tax
rates shown in Section III.
“Tax Zone” means a mutually exclusive geographic area within which the Special Tax
may be levied pursuant to this Rate and Method of Apportionment. All of the Taxable
Property within CFD 2020-1 at the time of its formation is within Tax Zone No. 1.
Additional Tax Zones may be created when property is annexed to CFD 2020 -1, and a
separate Maximum Special Tax shall be identified for property within the new Tax Zone
at the time of such annexation. The Assessor’s Parce ls included within a new Tax Zone
3.A.6.a
Packet Pg. 130 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3913 of Intention (CFD 2020-1 Annex 5 - Resolution of Intent - DWSJ)
C-6
when such Parcels are annexed to CFD 2020-1 shall be identified by Assessor’s Parcel
number in the annexation documents at the time of annexation.
“Taxable Property” means all Parcels within the boundary of CFD 2020-1 that are not
Exempt Property, or exempt from the Special Tax pursuant to the Act or Section V
below.
“Undeveloped Property” means all Parcels of Taxable Property that are not
Developed Property.
“Unit” means any individual single family detached or attached home, townhome,
condominium, apartment, or other residential dwelling unit, including each separate
living area within a half-plex, duplex, triplex, fourplex, or other residential structure. An
Accessory Dwelling Unit that shares a Parcel with a Unit of Sin gle Family Detached
Property, Single Family Attached Property shall not be considered a separate Unit for
purposes of calculating the Special Tax.
“Welfare Exempt Property” means all Parcels within the boundaries of CFD 2020 -1
that have been granted a welf are exemption pursuant to Section 53340 (c) under the
Act under subdivision (g) of Section 214 of the Revenue and Taxation Code by the
County.
II. DETERMINATION OF TAXABLE PARCELS
On or about July 1 of each Fiscal Year, the CFD Administrator shall determi ne the valid
Assessor’s Parcel Numbers for all Taxable Property within CFD 2020 -1. If any
Assessor’s Parcel Numbers are no longer valid from the previous Fiscal Year, the CFD
Administrator shall determine the new Assessor’s Parcel Number or Numbers that ar e
in effect for the current Fiscal Year. To the extent a Parcel or Parcels of Taxable
Property are subdivided, consolidated or otherwise reconfigured, the Maximum Special
Tax rates shall be assigned to the new Assessor’s Parcels pursuant to Section III. Th e
CFD Administrator shall also determine: (i) the Tax Zone within which each Parcel is
located; (ii) which Parcels are Developed Property and Undeveloped Property; (iii) the
number of Units each Parcel contains; (iv) the property type, i.e. Single Family
Detached Property, etc; and (iv) the Annual Special Tax Requirement for the Fiscal
Year.
III. SPECIAL TAX - METHOD OF APPORTIONMENT
All Taxable Property shall be subject to a Special Tax defined as follows.
The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual
Special Tax Requirement shall be apportioned to each Parcel within CFD 2020 -1 by the
method shown below.
First. Determine the Annual Special Tax Requirement.
3.A.6.a
Packet Pg. 131 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3913 of Intention (CFD 2020-1 Annex 5 - Resolution of Intent - DWSJ)
C-7
Second. Levy the Special Tax on each Parcel of Developed Property,
Proportionately, up to the Maximum Special Tax described in the table
below to satisfy the Annual Special Tax Requirement.
Third. If additional monies are needed to satisfy the Annual Special Tax
Requirement after the first step has been completed, the Special Tax shall
be levied Proportionately on each Assessor’s Parcel of Undeveloped
Property up to 100% of the Maximum Special Tax for Undeveloped
Property.
Under no circumstances will the Special Tax levied against any Assessor’s Parcel of
Developed Property be increased by more than 10% as a consequence of
delinquency or default by the owner of any other Assessor’s Parcel within CFD No.
2020-1.
TABLE 1
SPECIAL TAX RATES – TAX ZONE NO. 1
FISCAL YEAR 2020/21*
Property Type
Special Tax
Rate Per
Expected
Special Tax
Revenue
Commercial Property $1,585.20 Acre $13,601.00
Undeveloped Property $1,585.20 Acre $13,601.00
*On each July 1, commencing on July 1, 2021, the
Maximum Special Tax Rate and Expected Special Tax
Revenue for each Tax Zone shall be increased by the Tax
Escalation Factor.
3.A.6.a
Packet Pg. 132 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3913 of Intention (CFD 2020-1 Annex 5 - Resolution of Intent - DWSJ)
C-8
TABLE 2
CONTINGENT SPECIAL TAX RATES – TAX ZONE NO. 1
FISCAL YEAR 2020/21*
Property Type
Contingent
Special Tax
Rate
Per
Expected
Contingent
Special Tax
Revenue
Commercial Property $5,406.45 Acre $46,387.30
Undeveloped Property $5,406.45 Acre $46,387.30
*On each July 1, commencing on July 1, 2021, the
Maximum Special Tax Rate and Expected Contingent
Special Tax Revenue for each Tax Zone shall be increased
by the Tax Escalation Factor.
Maximum Special Taxes
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within each
Tax Zone shall be the greater of the Special Tax as show in Table 1 or the Backup
Special Tax.
The Maximum Contingent Special Tax for each Assessor’s Parcel of Taxable Property
within each Tax Zone shall be the greater of the Contingent Special Tax as show in
Table 2 or the Backup Contingent Special Tax.
Backup Special Taxes
The Backup Special Tax for each Assessor’s Parcel of Taxable Property within each
Tax Zone shall be the rate per Acre that results in the Expected Special Tax Revenue
for each Tax Zone.
The Backup Contingent Special Tax for each Assessor’s Parcel of Taxable Property
within each Tax Zone shall be the rate per Acre that results in the Expected Contingent
Special Tax Revenue for each Tax Zone.
A different Maximum Special Tax rate may be identified in Tax Zones added to CFD
2020-1 as a result of future annexations.
In some instances, an Assessor’s Parcel of Developed Property may contain more than
one type of property. The Maximum Special Taxes levied on an Assessor’s Parcel shall
be the sum of the Maximum Special Taxes for all Units located on that Assessor’s
Parcel.
IV. FORMULA FOR PREPAYMENT OF SPECIAL TAX OBLIGATIONS
The Special Tax may not be prepaid.
3.A.6.a
Packet Pg. 133 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3913 of Intention (CFD 2020-1 Annex 5 - Resolution of Intent - DWSJ)
C-9
V. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of
Special Tax, no Special Taxes shall be levied on Public Property, except as otherwise
provided in Sections 53317.3 and 53317.5 of the Act.
Additionally, Welfare Exempt Property shall be reimbursed for Special Tax levied and
paid. A property owner must provide documentation of the exemp tion within one
calendar year after having paid the Special Taxes for which an exemption has been
granted. A refund of the amount of Special Taxes paid for the Fiscal Year the exemption
has been granted will be provided to the owner of Welfare Exempt Prope rty who was
granted the exemption.
VI. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT
The City reserves the right to make minor administrative and technical changes to this
document that do not materially affect the rate and method of apportioning the Special
Tax. In addition, the interpretation and application of any section of this document shall
be at the City’s discretion. Interpretations may be made by the City by ordinance or
resolution for purposes of clarifying any vagueness or ambiguity in this Rate and
Method of Apportionment of Special Tax.
VII. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes, provided that the City may directly bill the Specia l
Tax, may collect the Special Tax at a different time or in a different manner if needed to
meet the financial obligations of CFD 2020-1, and may collect delinquent Special Taxes
through foreclosure or other available methods.
A Special Tax shall continue to be levied and collected within CFD 2020-1, as needed
to fund the Annual Special Tax Requirement, in perpetuity.
VIII. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD
Administrator claiming that the amount or application of the Special Tax is not correct.
The appeal must be filed not later than one calendar year after having paid the Special
Taxes that are disputed, and the appellant must be current in all payments of Special
Taxes. In addition, during the term of the appeal process, all Special Taxes levied must
be paid on or before the payment date established when the levy was made.
The appeal must specify the reasons why the appellant claims the Special Taxes are in
error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD
Administrator deems necessary, and advise the appellant of its determination.
3.A.6.a
Packet Pg. 134 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3913 of Intention (CFD 2020-1 Annex 5 - Resolution of Intent - DWSJ)
C-10
If the property owner disagrees with the CFD Administrator’s decision relative to the
appeal, the owner may then file a written appeal with the City Council whose
subsequent decision shall be final and binding on all interested parties. If the decision of
the CFD Administrator or subsequent decision by the City Council requires the Special
Taxes to be modified or changed in favor of the property owner, no cash refund shall be
made for prior years’ Special Taxes, but an adjustment shall be made to credit future
Special Taxes.
This procedure shall be exclusive and its exhaustion by any property owner shall be a
condition precedent to filing any legal action by such owner.
3.A.6.a
Packet Pg. 135 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3913 of Intention (CFD 2020-1 Annex 5 - Resolution of Intent - DWSJ)
C-1
CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2020-1
ATTACHMENT 1
SPECIAL TAX RATES
Tax
Zone APNs
Base
Year* Rate
Expected Special
Tax Revenue
2
436-360-011, 436-360-
013,
436-360-014 & 436-360-
015
2021/22 $1,875.59/Acre $14,123.22
3
432-130-016, 432-130-
017, 432-130-018, 432-
130-020,
432-130-022 & 432-130-
024
2022/23 $358.97/Acre $12,463.58
4
439-070-020, 439-070-021
&
439-070-031
2022/23 $530.20/Acre $7,550.10
5 434-102-001 2022/23 $10,428.92/Acre $6,778.80
6 439-111-003 & 439-111-
004 2021/22 $1,641.69/Acre $3,743.06
* On each July 1, commencing on July 1 of the Base Year, the Maximum Special Tax
Rate and Expected Special Tax Revenue for each Tax Zone shall be increased by the
Tax Escalation Factor.
CONTINGENT SPECIAL TAX RATES
Tax
Zone APNs Base Year* Rate
Expected
Contingent
Special Tax
Revenue
2
436-360-011, 436-360-
013,
436-360-014 & 436-360-
015
2021/22 $3,196.49/Acre $24,069.60
3 432-130-016, 432-130-
017, 432-130-018, 432-2022/23 $1,206.40/Acre $41,886.20
3.A.6.a
Packet Pg. 136 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3913 of Intention (CFD 2020-1 Annex 5 - Resolution of Intent - DWSJ)
C-2
130-020,
432-130-022 & 432-130-
024
4
439-070-020, 439-070-021
&
439-070-031
2022/23 $1,123.42/Acre $15,997.44
5 434-102-001 2022/23 $38,265.23/Acre $24.872.40
6 439-111-003 & 439-111-
004 2021/22 $5,599.12/Acre $12,766.00
* On each July 1, commencing on July 1 of the Base Year, the Maximum Special Tax
Rate and Expected Contingent Special Tax Revenue for each Tax Zone shall be
increased by the Tax Escalation Factor.
3.A.6.a
Packet Pg. 137 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3913 of Intention (CFD 2020-1 Annex 5 - Resolution of Intent - DWSJ)
ANNEXATION MAP NO. 5 OF
CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2020-1
ANNEXATION NO. 5 (TAX ZONE NO. 6)
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF SAN JACINTO THIS ________ DAY OF ____________,
20____.
________________________________________
CITY CLERK
CITY OF SAN JACINTO
RIVERSIDE COUNTY, CALIFORNIA
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OF ANNEXATION NO. 5 TO CITY
OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2020-1 ANNEXATION NO. 5 (TAX ZONE NO. 6), COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO, AT A
MEETING THEREOF, HELD ON THE _____ DAY OF ____________, 20____, BY ITS RESOLUTION NO.
__________________.
________________________________________
CITY CLERK
CITY OF SAN JACINTO
RIVERSIDE COUNTY, CALIFORNIA
FILED THIS ________ DAY OF ____________, 20____, AT THE HOUR OF _______ O’CLOCK __M, IN BOOK ________ OF
MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE ______ IN THE OFFICE OF THE COUNTY
RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
____________________________
DEPUTY
COUNTY RECORDER
COUNTY OF RIVERSIDE, CALIFORNIA
FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR PARCELS, REFERENCE IS MADE TO THE MAPS
OF THE ASSESSOR, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
REFERENCE IS HEREBY MADE TO THAT CERTAIN MAP ENTITLED “PROPOSED BOUNDARY MAP OF CITY OF SAN
JACINTO COMMUNITY FACILITIES DISTRICT NO. 2020-1, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA” FILED THE
20TH DAY OF MAY, 2020, AT THE HOUR OF 11:04 O’CLOCK A.M. IN BOOK 85 OF MAPS OF ASSESSMENT AND
COMMUNITY FACILITIES DISTRICTS AT PAGE 14 AND AS INSTRUMENT NO. 2020-0214738 IN THE OFFICE OF THE
COUNTY RECORDER FOR THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, WHICH THIS ANNEXATION MAP
AFFECTS. CERTAIN ANNEXATION PROCEEDINGS HAVE BEEN CONDUCTED WHICH HAVE ADDED OTHER
TERRITORY TO THIS COMMUNITY FACILITIES DISTRICT NO IDENTIFIED IN THIS BOUNDARY MAP.
CITY OF SAN JACINTO
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
439-111-003
439-111-004
LA ENTRADA
ESPLANADE AVE
SAN JACINTO AVESAN JACINTO AVEESPLANADE AVE
Sheet 1 of 1
Source: Riverside County GIS
Geographic Coordinate Reference: GCS North American 1983
Projection: NAD 1983 StatePlane California VI FIPS 0406 Feet
¬«79
¬«79
R
AMO
N
A
E
X
P
YSTATE STWARREN RDSANDERSON AVEMAIN ST
COTTONWOOD AVE
ESPLANADE AVE
M
O
U
N
T
A
I
N
A
V
E
RAMONA EXPY
SAN JACINTO AVE
R
A
M
O
N
A
B
L
V
D LAKE PARK D
R
ESPLANADA AVE
C I T Y O F S A N J A C I N T O
C I T Y O F S A N J A C I N T O
Annexation Boundary / Tax Zone No. 6
Annexation Parcels
Parcels 0 100 20050 Feet
O
R
A
M
O
N
A
E
X
P
Y
3.A.6.b
Packet Pg. 138 Attachment: CFD 2020-1 Annex. No. 5 - Boundary Map (CFD 2020-1 Annex 5 - Resolution of Intent - DWSJ)
May 17, 2022
TO: City Council
REQUESTED BY: Tom Prill, Deputy City Manager
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: SJP - Long-Term RA Agreement with Santa Paula Energy Storage
RECOMMENDATION:
That the City Council approve California Choice Energy Authority entering into a long-term
resource adequacy agreement with Santa Paula Energy Storage, LLC on behalf of San Jacinto
Power.
BACKGROUND:
On December 6, 2016, City Council adopted Ordinance No. 16 -12, Establishing the San Jacinto
Community Choice Aggregation (CCA) Program, San Jacinto Power (SJP). SJP began serving
customers in April 2018. As a CCA, SJP is required to meet certain state-mandated obligations,
including those required by the California Public Utilities Commission (CPUC).
In June 2021, the CPUC adopted Decision 21-06-035 (Mid-Term Reliability Order) or MTR.
The MTR Order seeks to ensure that there are sufficient resources available to ensure electric
grid reliability and to meet the state’s greenhouse gas (GHG) emission reduction goals for the
electricity sector and imposes procurement requirements on all load-serving entities (LSEs),
including CCAs.
The MTR orders the procurement of 11,500 MW of new generation resources to come online in
the years 2023-2026, with all the resources coming from zero-emitting sources or non-fossil fuel
resources. SJP’s MTR requirement for the four-year period is 10 MW. All LSEs must contract
for clean resources, such as renewable energy, stand-alone battery storage, renewable energy
plus battery storage, and demand response. Contracts must be for ten years or greater from the
initial project delivery to the end of the term.
To meet the requirements of the MTR Order, California Choice Energy Authority (CalChoice)
joined with Desert Community Energy and Clean Energy Alliance to issue a joint Request for
Proposals for MTR in January 2022. Over 100 unique offers from 22 developers were received.
Additionally, CalChoice, on behalf of SJP and its other member agencies, continues to seek out
projects that meet the MTR requirements and engage in bilateral negotiations.
CalChoice and its legal and technical team have negotiated an agreement with developer esVolta
for the Santa Paula Energy Storage, LLC project (Santa Paula Energy Storage). T he project is
for stand-alone battery storage located in Santa Paula, California, with a commercial delivery
date of August 2023.
As a condition of the agreement, Santa Paula Energy Storage recognizes and accepts the secured
deposit account in the name of the City of San Jacinto (City) as credit and collateral, and no
3.A.7
Packet Pg. 139
other security or credit backing will be required of the City. Santa Paula Energy Storage, upon
approval by the City and CalChoice, will execute a joinder to the Intercreditor and Collater al
Agency Agreement, ensuring the protection of the City’s General Fund.
The agreement does not fulfill the entire MTR requirement; therefore, staff will be returning in
the upcoming months with additional contract approval requests.
Certain information contained within the agreement is market sensitive and, as such, is protected
by the Cost Confidentiality Policy and has therefore been redacted.
FISCAL IMPACT:
Not to exceed $126,000 annually to begin August 2023 for a period of up to ten years and five
months. The total not-to-exceed amount of the agreement is $1,312,500. There will be
sufficient revenues generated to cover operating expenses, including power procurement, and to
fund reserves to provide financial and rate stability to the program.
ATTACHMENTS:
CCEA for SJ-Santa Paula_Storage RA Agreement_Proposed Execution Version_4-27-2022
3.A.7
Packet Pg. 140
Proposed Execution Version
IN FRONT OF THE METER
ENERGY STORAGE RESOURCE ADEQUACY AGREEMENT
COVER SHEET
Seller: Santa Paula Energy Storage, LLC, a Delaware limited liability company
Buyer: California Choice Energy Authority, a California joint powers authority, on behalf of City
of San Jacinto, a California municipal corporation (d/b/a San Jacinto Power)
Description of Project: Santa Paula Energy Storage
Contract Amounts:
RA Attributes: 2 MW NQC
Local RA Attributes: 2 MW
Flexible RA Attributes: 4 MW EFC, Category 3
Payment Quantity: 2 MW
Contract Price: $5,250.00/MW
Milestones:
Milestone Date
Interconnection Agreement Executed
Site Control Completed
Construction Start Completed
Commercial Operation Deadline October 15, 2023
Expected Initial Delivery Date January 1, 2024
Delivery Term: 10 Contract Years
3.A.7.a
Packet Pg. 141 Attachment: CCEA for SJ-Santa Paula_Storage RA Agreement_Proposed Execution Version_4-27-2022 (SJP - Long-Term RA Agreement with
i
Energy Storage Resource Adequacy Agreement Form
TABLE OF CONTENTS
ARTICLE 1: DEFINITIONS ..........................................................................................................1
1.1 Contract Definitions .................................................................................................1
1.2 Rules of Interpretation ...........................................................................................17
ARTICLE 2: TERM .....................................................................................................................19
2.1 Effectiveness ..........................................................................................................19
2.2 Term .......................................................................................................................19
ARTICLE 3: PROJECT DEVELOPMENT .................................................................................19
3.1 Project Construction...............................................................................................19
3.2 Interconnection ......................................................................................................20
3.3 Metering .................................................................................................................20
3.4 Progress Reports ....................................................................................................20
3.5 Remedial Action Plans ...........................................................................................20
3.6 Standalone Energy Storage Incentives ...................................................................20
ARTICLE 4: INITIAL DELIVERY DATE .................................................................................21
4.1 Timing of the Initial Delivery Date .......................................................................21
4.2 Conditions Precedent to the Initial Delivery Date .................................................21
4.3 Cooperation in Connection with Initial Delivery Date ..........................................23
4.4 Confirmation of Initial Delivery Date ....................................................................23
ARTICLE 5: TRANSACTION ....................................................................................................23
5.1 Product ...................................................................................................................23
5.2 Purchase and Sale Obligation ................................................................................24
5.3 Allocation of CAISO Payments and Costs ............................................................25
ARTICLE 6: OPERATIONS ........................................................................................................25
6.1 Operations ..............................................................................................................25
6.2 Charging Energy ....................................................................................................25
6.3 Standard of Care ....................................................................................................25
6.4 Buyer’s Compliance Obligations; Certification of Product ...................................25
6.5 Scheduling..............................................................................................................26
6.6 Information Sharing and Shared Learning .............................................................26
6.7 Changes in Law......................................................................................................27
ARTICLE 7: EVENTS OF DEFAULT; REMEDIES ..................................................................28
7.1 Events of Default ...................................................................................................28
7.2 Remedies; Declaration of Early Termination Date ................................................30
7.3 Termination Payment .............................................................................................30
7.4 Notice of Payment of Termination Payment .........................................................31
7.5 Disputes with Respect to Termination Payment ....................................................31
7.6 Rights and Remedies Are Cumulative ...................................................................31
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ARTICLE 8: FORCE MAJEURE ................................................................................................31
8.1 Force Majeure ........................................................................................................31
ARTICLE 9: INVOICING AND PAYMENT .............................................................................32
9.1 Invoicing ................................................................................................................32
9.2 Payment..................................................................................................................33
9.3 Payment Adjustments; Billing Errors ....................................................................33
9.4 Billing Disputes .....................................................................................................33
9.5 Netting of Payments ...............................................................................................33
ARTICLE 10: PERFORMANCE ASSURANCE ........................................................................34
10.1 Seller’s Development Security ..............................................................................34
10.2 Seller’s Delivery Term Security ............................................................................34
10.3 First Priority Security Interest in Cash or Cash Equivalent Collateral ..................34
10.4 Seller Financial Information ..................................................................................35
10.5 Buyer Credit Support .............................................................................................35
ARTICLE 11: SAFETY ...............................................................................................................37
11.1 Safety .....................................................................................................................37
11.2 Reporting Serious Incidents ...................................................................................38
11.3 Remediation ...........................................................................................................38
ARTICLE 12: TAXES ..................................................................................................................38
12.1 Taxes ......................................................................................................................38
12.2 Cooperation ............................................................................................................38
ARTICLE 13: LIMITATIONS .....................................................................................................38
13.1 No Consequential Damages ...................................................................................38
13.2 Waiver and Exclusion of Other Damages ..............................................................39
ARTICLE 14: REPRESENTATIONS; WARRANTIES; COVENANTS ...................................40
14.1 Seller’s Representations and Warranties ...............................................................40
14.2 Buyer’s Representations and Warranties ...............................................................41
14.3 General Covenants .................................................................................................42
14.4 Covenants of Seller ................................................................................................42
ARTICLE 15: INDEMNITIES .....................................................................................................43
15.1 Indemnity by Seller ................................................................................................43
15.2 Notice of Claim ......................................................................................................43
15.3 Defense of Claims ..................................................................................................43
15.4 Subrogation of Rights ............................................................................................44
15.5 Rights and Remedies are Cumulative ....................................................................44
ARTICLE 16: INSURANCE ........................................................................................................44
16.1 Insurance ................................................................................................................44
16.2 Evidence of Insurance ............................................................................................46
16.3 Failure to Comply ..................................................................................................46
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ARTICLE 17: RECORDS AND AUDIT RIGHTS......................................................................46
17.1 Operations Logs .....................................................................................................46
17.2 Records and Audit..................................................................................................46
17.3 General Audit Right ...............................................................................................46
17.4 State Auditor ..........................................................................................................46
17.5 Data Request Cooperation .....................................................................................46
17.6 Access Rights .........................................................................................................47
ARTICLE 18: ASSIGNMENT .....................................................................................................47
18.1 General Prohibition on Assignments .....................................................................47
18.2 Collateral Assignment ............................................................................................47
18.3 Permitted Assignment by Seller.............................................................................47
18.4 Permitted Assignment by Buyer ............................................................................47
18.5 Unauthorized Assignment; Costs ...........................................................................48
ARTICLE 19: DISPUTE RESOLUTION ....................................................................................48
19.1 Governing Law ......................................................................................................48
19.2 Dispute Resolution .................................................................................................48
ARTICLE 20: CONFIDENTIAL INFORMATION ....................................................................49
20.1 Confidential Information .......................................................................................49
20.2 Permitted Disclosures ............................................................................................49
20.3 Remedies ................................................................................................................49
ARTICLE 21: GENERAL PROVISIONS ...................................................................................50
21.1 Entire Agreement; Integration; Exhibits ................................................................50
21.2 Amendments ..........................................................................................................50
21.3 Survival ..................................................................................................................50
21.4 Waivers ..................................................................................................................50
21.5 No Agency, Partnership, Joint Venture or Lease ...................................................50
21.6 Severability ............................................................................................................50
21.7 Mobile Sierra .........................................................................................................51
21.8 Counterparts ...........................................................................................................51
21.9 Electronic Delivery ................................................................................................51
21.10 No Recourse to Members of Buyer .......................................................................51
21.11 Lockbox Account ...................................................................................................51
21.12 Forward Contract ...................................................................................................51
21.13 Further Assurances.................................................................................................52
ARTICLE 22: NOTICES ..............................................................................................................52
22.1 Addresses for the Delivery of Notices ...................................................................52
22.2 Time of Delivery ....................................................................................................52
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APPENDICES
Appendix I – Description of Project & Units .............................................................................. I-1
Appendix II –Operational Characteristics ...................................................................................II-1
Appendix III – Progress Reporting Form .................................................................................. III-1
Appendix IV – Certification for Commercial Operation ........................................................... IV-1
Appendix V-A – Form of Letter of Credit .............................................................................. V-A-1
Appendix V-B – Form of Guaranty ........................................................................................ V-B-1
Appendix VI – Project Safety Plan and Documentation ........................................................... VI-1
Appendix VII – MUA Decision Attestation ............................................................................. VII-1
Appendix VIII – Notices ......................................................................................................... VIII-1
Appendix IX – Approved Contractors ....................................................................................... IX-1
Appendix X – Not Used .............................................................................................................. X-1
Appendix XI – Not Used ........................................................................................................... XI-1
Appendix XII – Workforce Development and Community Investment Obligations ............... XII-1
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ENERGY STORAGE RESOURCE ADEQUACY AGREEMENT
This Energy Storage Resource Adequacy Agreement (“Agreement”) is made by and
between the buyer (“Buyer”) and the seller (“Seller”) as of May 24, 2022 (“Effective Date”), in
each case as set forth on the cover sheet (“Cover Sheet”) to this Agreement. Seller and Buyer are
referred to each individually as a “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, Seller intends to develop, design, permit, construct, own, and operate the
Project; and
WHEREAS, Seller desires to sell, and Buyer desires to purchase, on the terms and
conditions set forth in this Agreement, the Product;
NOW THEREFORE, in consideration of the mutual covenants and agreements herein
contained, and for other good and valuable consideration, the sufficiency and adequacy of which
are hereby acknowledged, the Parties agree to the following:
ARTICLE 1: DEFINITIONS
1.1 Contract Definitions. Capitalized terms used in this Agreement have the
following meanings, unless otherwise specified:
“Affiliate” of a Person means any other Person that (a) directly or indirectly controls the
specified Person; (b) is controlled by or is under direct or indirect common control with the
specified Person; or (c) is an officer, director, employee, representative or agent of the Person. For
the purposes of this definition, “control”, when used with respect to any specified Person, means
the power to direct the management or policies of the specified Person, directly or indirectly,
through one or more intermediaries.
“Agreement” has the meaning set forth in the preamble.
“Ancillary Services” has the meaning set forth in the CAISO Tariff.
“Availability Incentive Payments” has the meaning set forth in the CAISO Tariff.
“Availability Standards” has the meaning set forth in the CAISO Tariff.
“Balancing Authority” has the meaning set forth in the CAISO Tariff.
“Bankrupt” means with respect to any entity, such entity that (a) files a petition or
otherwise commences, authorizes or acquiesces in the commencement of a proceeding or cause of
action under any bankruptcy, insolvency, reorganization or similar Law, (b) has any such petition
filed or commenced against it which remains unstayed or undismissed for a period of ninety (90)
days, (c) makes an assignment or any general arrangement for the benefit of creditors, (d)
otherwise becomes bankrupt or insolvent (however evidenced), (e) has a liquidator, administrator,
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receiver, trustee, conservator or similar official appointed with respect to it or any substantial
portion of its property or assets, or (f) is generally unable to pay its debts as they fall due.
“Bid” has the meaning set forth in the CAISO Tariff.
“Business Day” means any day except a Saturday, Sunday, or a Federal Reserve Bank
holiday in California.
“Buyer” has the meaning set forth in the preamble to this Agreement.
“Buyer Group” has the meaning set forth in Section 15.1(a).
“Buyer’s Event of Default” means a Party’s Event of Default where Buyer is the
Defaulting Party.
“CAISO” means the California Independent System Operator Corporation or any
successor entity performing similar functions.
“CAISO Grid” means the system of transmission lines and associated facilities of the
Participating Transmission Owners that have been placed under the CAISO’s operational control.
“CAISO Markets” has the meaning set forth in the CAISO Tariff.
“CAISO Tariff” means the CAISO Fifth Replacement FERC Electric Tariff and protocol
provisions, including any CAISO-published procedures or business practice manuals, as they may
be amended, supplemented or replaced (in whole or in part) from time to time.
“California State Auditor” means the auditor that may audit Seller in accordance with
Section 17.4.
“Capacity Adjustment Date” has the meaning set forth in Section 6.7(a).
“Capacity Attributes” means, any and all of the following attributes of the Project that
may be counted toward Compliance Obligations:
(a) RA Attributes,
(b) Local RA Attributes,
(c) Flexible RA Attributes, and
(d) Other Capacity Attributes.
“CARB” means the California Air Resources Board or any successor entity performing
similar functions.
“CEC” means the California Energy Commission or any successor entity performing
similar functions.
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“CEQA” means the California Environmental Quality Act of 1970.
“Change Notice” has the meaning set forth in Section 6.7(a).
“Change of Control” means any circumstance in which esVolta, LP ceases to own,
directly or indirectly through one or more intermediate entities, more than fifty percent (50%) of
the outstanding equity interests in Seller; provided that in calculating ownership percentages for
all purposes of the foregoing clause:
(a) any ownership interest in Seller held by esVolta, LP indirectly through one
or more intermediate entities shall not be counted towards esVolta, LP’s ownership interest in
Seller unless esVolta, LP directly or indirectly owns more than fifty percent (50%) of the
outstanding equity interests in each such intermediate entity; and
(b) ownership interests in Seller owned directly or indirectly by any Lender
(including any tax equity provider) shall be excluded from the total outstanding equity interests in
Seller.
“Charging Energy” means the amount of Energy withdrawn from the Utility Distribution
Company’s electrical system, Participating Transmission Owner’s electrical system, the CAISO
Grid, or otherwise, to be stored by the Project.
“Claims” has the meaning set forth in Section 15.1(a).
“Collateral Agent” has the meaning set forth in the Security Agreement.
“Collateral Assignment Agreement” has the meaning set forth in Section 18.2(b).
“Commercial Operation Date” means the date stated in Seller’s Notice, substantially in
the form of Appendix IV, upon which the Project became Commercially Operable.
“Commercial Operation Deadline” means the date that is seventy-five (75) days before
the Expected Initial Delivery Date, as set forth on the Cover Sheet.
“Commercial Operation Milestone” means the Project becoming Commercially
Operable on or before the Commercial Operation Deadline.
“Commercially Operable” with respect to the Project, is a condition occurring after such
time as Mechanical Completion has occurred, commissioning is complete, the Project has been
released by the EPC Contractor to Seller for commercial operations, and permission to operate has
been formally obtained from the applicable transmission or distribution utility.
“Compliance Actions” means actions to comply with Seller’s obligations under the
Agreement with respect to obtaining, maintaining, conveying or effectuating Buyer’s use of all of
the Capacity Attributes and Resource Adequacy associated with the Project in order for Buyer to
meet its Compliance Obligations at levels equal to the Contract Amount, which may include
making physical modification to the design of the Project.
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“Compliance Obligations” means the RAR, Local RAR, Flexible RAR, and any other
resource adequacy or capacity procurement requirements imposed on Load Serving Entities (as
defined in the CAISO Tariff) by the CPUC pursuant to the CPUC Decisions, by the CAISO, by
the WECC, or by any other Governmental Authority having jurisdiction.
“Compliance Showings” means the total combination of (a) through (d) below that a Load
Serving Entity (as defined in the CAISO Tariff) is required to make to the CPUC pursuant to the
CPUC Decisions, or to any Governmental Authority having jurisdiction: (a) Local RAR
compliance or advisory showings (or similar or successor showings), (b) RAR compliance or
advisory showings (or similar or successor showings), (c) Flexible RAR compliance or advisory
showings (or similar or successor showings), and (d) other Capacity Attributes compliance or
advisory showings (or similar or successor showings).
“Conditions Precedent” has the meaning set forth in Section 4.2.
“Confidential Information” has the meaning set forth in Section 20.1.
“Confirmation Notice” has the meaning set forth in Section 6.7(a).
“Contract Amounts” has the meaning set forth in Section 5.2(a).
“Contract Price” means the amount specified in Section 5.2(d).
“Contract Year” means a period of twelve (12) consecutive months; the first Contract
Year shall commence on the Initial Delivery Date; and each subsequent Contract Year shall
commence on the anniversary of the Initial Delivery Date. The final Contract Year may be a
period of less than twelve (12) consecutive months.
“Contractor” means the EPC Contractor and its subcontractors, as well as Seller or
Seller’s Affiliates if any such entities are developing, constructing, operating or maintaining the
Project during the Term, and any Person under contract with Seller or Seller’s Affiliates for the
purpose of developing, constructing, operating or maintaining the Project during the Term.
“Costs” means, with respect to the Non-Defaulting Party, brokerage fees, commissions and
other similar third party transaction costs and expenses reasonably incurred by such Party either
in terminating any arrangement pursuant to which it has hedged its obligations or entering into
new arrangements that replace this Agreement; and all reasonable attorneys’ fees and expenses
incurred by the Non-Defaulting Party in connection with the termination of this Agreement.
“Cover Sheet” has the meaning set forth in the preamble to this Agreement.
“CPM” means “Capacity Procurement Mechanism” and has the meaning set forth in the
CAISO Tariff and is inclusive of any successor mechanisms authorized by CAISO.
“CPM Capacity” has the meaning set forth in the CAISO Tariff.
“CPUC” or “Commission” means the California Public Utilities Commission or any
successor entity performing similar functions.
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“CPUC Decisions” means CPUC Decisions 04-01-050, 04-10-035, 05-10-042, 06-04-040,
06-06-064, 06-07-031, 07-06-029, 08-06-031, 09-06-028, 10-06-036, 11-06-022, 12-06-025, 13-
06-024, 14-06-050, and any other existing or subsequent decisions, resolutions or rulings related
to resource adequacy, as may be amended from time to time by the CPUC.
“CPUC General Order No. 167” issued by the CPUC directs the implementation and
enforcement of standards for the maintenance and operation of electric generating facilities and
power plants and can be found at the link below:
http://docs.cpuc.ca.gov/PUBLISHED/GENERAL_ORDER/108114.htm
“Credit Rating” means, with respect to any entity, the rating then assigned to such entity’s
unsecured, senior long-term debt obligations (not supported by third party credit enhancements)
or if such entity does not have a rating for its senior unsecured long-term debt, then the rating then
assigned to such entity as an issuer rating by S&P or Moody’s. If ratings by S&P and Moody’s are
not equivalent, the lower rating shall apply.
“Damage Payment” means the dollar amount equal to the total amount required to be
posted by Seller as Development Security pursuant to Section 10.1.
“Defaulting Party” means the Party that is subject to an Event of Default.
“Delay Notice” has the meaning set forth in Section 4.1(c)(i).
“Delivered Quantities” has the meaning set forth in Section 5.2(c).
“Delivery Term” has the meaning set forth in Section 2.2(b).
“Delivery Term Security” means (i) cash in an amount equal to forty dollars ($40.00) per
kilowatt of the Payment Quantity, (ii) Guaranty in an amount equal to forty dollars ($40.00) per
kilowatt of the Payment Quantity, or (iii) a Letter of Credit in an amount equal to forty dollars
($40.00) per kilowatt of the Payment Quantity.
“Development Security” means (i) cash or (ii) a Letter of Credit in an amount equal to
forty dollars ($40.00) per kilowatt of the Payment Quantity.
“Disclosing Party” has the meaning set forth in Section 20.2.
“Disclosure Order” has the meaning set forth in Section 20.2(a).
“Disclosure Request” has the meaning set forth in Section 20.2(b).
“Early Termination Date” has the meaning set forth in Section 7.2(a).
“EFC” or “Effective Flexible Capacity” has the meaning given to “Effective Flexible
Capacity” in the CAISO Tariff.
“Effective Date” has the meaning set forth in the preamble.
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“Electric System Upgrades” means any upgrades, including, Network Upgrades,
Distribution Upgrades, or Interconnection Facilities (as these terms are defined in the CAISO
Tariff), that are determined to be necessary by the CAISO, Participating TO, or Utility Distribution
Company as applicable, to physically and electrically interconnect the Project to the Utility
Distribution Company’s/Participating TO’s electric system for delivery of Energy from the Project
such that the Project can provide Product at all times during the Delivery Term.
“Energy” means three-phase, 60-cycle alternating current electric energy, measured in
MWhs.
“Environmental Costs” means costs incurred in connection with acquiring and
maintaining all environmental permits and licenses for the Product, and the Product’s and Project’s
compliance with all applicable environmental Laws, rules and regulations, including capital costs
for pollution mitigation or installation of emissions control equipment required to permit or license
the Product or Project, all operating and maintenance costs for operation of pollution mitigation or
control equipment, costs of permit maintenance fees and emission fees as applicable, and the costs
of all emission reduction credits, marketable emission trading credits, and any costs related to
greenhouse gas emissions, required by any applicable environmental Laws, rules, regulations, and
permits to operate, and costs associated with the disposal and clean-up of hazardous substances
introduced to a Site or the Project.
“EPC Contract” means the Seller’s engineering, procurement and construction contract
with the EPC Contractor.
“EPC Contractor” means Seller’s engineering, procurement and construction contractor
or such Person performing those functions.
“Event of Default” means a Seller’s Event of Default, Buyer’s Event of Default or a
Party’s Event of Default.
“Exigent Circumstance” means actual or imminent harm to life or safety, public health,
third-party owned property, including a Site, or the environment due to or arising from the Project
or portion thereof.
“Expected Initial Delivery Date” means the expected initial delivery date set forth on the
Cover Sheet.
“FERC” means the Federal Energy Regulatory Commission or any successor entity
performing similar functions.
“Flexible RA Attributes” means any and all flexible resource adequacy attributes, as may
be identified at any time during the Delivery Term by the CPUC, CAISO or other Governmental
Authority having jurisdiction that can be counted toward Flexible RAR, exclusive of any RA
Attributes, Local RA Attributes, or Other Capacity Attributes.
“Flexible RAR” means the flexible resource adequacy requirements established for Load
Serving Entities (as defined in the CAISO Tariff) by the CPUC pursuant to the CPUC Decisions,
or by any other Governmental Authority having jurisdiction.
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“Force Majeure” means any event or circumstance which wholly or partly prevents or
delays the performance of any material obligation arising under this Agreement, but only if and to
the extent (x) such event is not within the reasonable control, directly or indirectly, of the Party
seeking to have its performance obligation excused thereby, (y) the Party seeking to have its
performance obligation excused thereby has taken all reasonable precautions and measures in
order to prevent or avoid such event or mitigate the effect of such event on such Party’s ability to
perform its obligations under this Agreement and which by the exercise of due diligence such Party
could not reasonably have been expected to avoid and which by the exercise of due diligence it
has been unable to overcome, and (z) such event is not the direct or indirect result of the negligence
or the failure of, or caused by, the Party seeking to have its performance obligations excused
thereby. Additionally:
(a) Force Majeure may include:
(i) acts of God, including landslide, lightning, earthquake, storm, hurricane,
flood, drought, tornado, or other natural disasters and weather related events affecting an entire
region which caused failure of performance;
(ii) interruptions to supply or transportation delays or accidents affecting
delivery of equipment caused by an event that would otherwise satisfy the definition of a Force
Majeure event as defined above;
(iii) sabotage, riot, acts of terrorism, war and acts of public enemy, epidemics,
pandemics and quarantines; or
(v) restraint by court order or other Governmental Authority.
(b) Force Majeure does not include:
(i) a failure of performance of any third party, including Participating TO,
Utility Distribution Company, or any other party providing electric interconnection, distribution
or transmission service (except to the extent that such failure was caused by an event that would
otherwise satisfy the definition of a Force Majeure event as defined above);
(ii) breakage or malfunction of equipment (except to the extent that such failure
was caused by an event that would otherwise satisfy the definition of a Force Majeure event as
defined above);
(iii) a strike, work stoppage or labor dispute limited only to any one or more of
Seller, Seller’s Affiliates, the EPC Contractor or subcontractors thereof or any other third party
employed by Seller to work on the Project;
(iv) Seller’s ability to sell the Product at a price greater than the price set forth
in this Agreement or Buyer’s ability to purchase the Product at a price lower than the price set
forth in this Agreement;
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(v) Seller’s inability to obtain permits or approvals of any type for the operation
or maintenance of the Project, unless caused solely by an event of Force Majeure of the specific
type described in any of subsections (a)(i) through (a)(iv) above;
(vi) Seller’s inability to complete interconnection by the Expected Initial
Delivery Date, unless such delay is caused solely by an event of Force Majeure of the specific type
described in any of subsections (a)(i) through (a)(iv) above;
(vii) Seller’s inability to obtain sufficient Charging Energy, fuel, power or
materials to operate the Project, except if Seller’s inability to obtain sufficient Charging Energy,
fuel, power or materials is caused solely by an event of Force Majeure of the specific type
described in any of subsections (a)(i) through (a)(iv) above; or
(viii) Seller’s failure to obtain additional funds, including funds authorized by a
state or the federal government or agencies thereof, to supplement the payments made by Buyer
pursuant to this Agreement.
“Force Majeure Failure” has the meaning set forth in Section 8.1(d).
“Gains” means, with respect to any Party, an amount equal to the present value of the
economic benefit to it, if any (exclusive of Costs), resulting from the termination of this
Agreement. Factors used in determining the economic benefit to a Party may include, without
limitation, reference to information supplied by one or more third parties, which shall exclude
Affiliates of the Non-Defaulting Party, including without limitation, quotations (either firm or
indicative) of relevant rates, prices, yields, yield curves, volatilities, spreads or other relevant
market data in the relevant markets, comparable transactions, forward price curves based on
economic analysis of the relevant markets, settlement prices for comparable transactions at liquid
trading hubs, all of which should be calculated for the remaining Delivery Term to determine the
value of the Product.
“Generally Accepted Accounting Principles” means the standards for accounting and
preparation of financial statements established by the Federal Accounting Standards Advisory
Board (or its successor agency) or any successor standards adopted pursuant to relevant SEC rule.
“Governmental Approval” means all authorizations, consents, approvals, waivers,
exceptions, variances, filings, permits, orders, licenses, exemptions, notices to and declarations of
or with any Governmental Authority and shall include those siting and operating permits and
licenses, and any of the foregoing under any applicable environmental Law, that are required for
the development, use and operation of the Project, including any approvals required under the
CEQA.
“Governmental Authority” means any federal, state, provincial, local or municipal
government, any political subdivision thereof or any other governmental, congressional or
parliamentary, regulatory, or judicial instrumentality, authority, body, agency, department, bureau,
or entity with authority to bind a Party at law, including CAISO; provided, however, that
“Governmental Authority” shall not in any event include any Party.
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“Guarantor” means a Person having a Credit Rating of at least A- with an outlook
designation of “stable” from S&P or A3 with an outlook designation of “stable” from Moody’s.
“Guaranty” means a guaranty issued by a Guarantor in the form and substance set forth
in Appendix V-B or as otherwise deemed acceptable by Buyer.
“Hazardous Substance” means, collectively, (a) any chemical, material or substance that
is listed or regulated under applicable Laws as a “hazardous” or “toxic” substance or waste, or as
a “contaminant” or “pollutant” or words of similar import, (b) any petroleum or petroleum
products, flammable materials, explosives, radioactive materials, asbestos, urea formaldehyde
foam insulation, and transformers or other equipment that contain polychlorinated biphenyls, and
(c) any other chemical or other material or substance, exposure to which is prohibited, limited or
regulated by any Laws.
“IDD Cure Period” has the meaning set forth in Section 4.1(c)(i).
“IDD Delay Damages” means liquidated damages in an amount equal to (a) the total
Development Security amount required hereunder, divided by (b) one hundred eighty (180).
“Indemnifiable Loss(es)” has the meaning set forth in Section 15.1(a).
“Initial Delivery Date” has the meaning set forth in Section 2.2(b).
“Interconnection Agreement” means the agreement(s) and associated documents (or any
successor agreement and associated documentation approved by FERC or the CPUC) by and
among Seller and, as applicable, the Utility Distribution Company, the Participating Transmission
Owner, and the CAISO, governing the terms and conditions of the interconnection of the Project
with the Utility Distribution Company’s or CAISO’s grid, including any description of the plan
for interconnecting the Project to the applicable grid.
“Intercreditor and Collateral Agency Agreement” means that certain Intercreditor and
Collateral Agency Agreement, dated as of January 22, 2018, by and among River City Bank, as
Collateral Agent, the Secured Creditors from time to time party thereto, and Member.
“Interest Rate” has the meaning set forth in Section 9.2.
“Joinder” has the meaning set forth in the Intercreditor and Collateral Agency Agreement.
“Joint Powers Act” means the Joint Exercise of Powers Act of the State of California
(Government Code Section 6500 et seq.).
“Joint Powers Agreement” means that certain Joint Powers Agreement dated August 12,
2012, as amended, under which Buyer is organized as a Joint Powers Authority in accordance with
the Joint Powers Act.
“Law” means any statute, law, treaty, rule, regulation, ordinance, code, Permit, enactment,
injunction, order, writ, decision, authorization, judgment, decree or other legal or regulatory
determination or restriction by a court or Governmental Authority of competent jurisdiction,
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including any of the foregoing that are enacted, amended, or issued after the Effective Date, and
which become effective during the Term; or any binding interpretation of the foregoing.
“Lender” means, collectively, any Person (i) providing senior or subordinated
construction, interim, back leverage or long-term debt, equity or tax equity financing or
refinancing for or in connection with the development, construction, purchase, installation or
operation of the Project, whether that financing or refinancing takes the form of private debt
(including back-leverage debt), equity (including tax equity), public debt or any other form
(including financing or refinancing provided to a member or other direct or indirect owner of
Seller), including any equity or tax equity investor directly or indirectly providing financing or
refinancing for the Project or purchasing equity ownership interests of Seller or its Affiliates for
purposes of providing financing or refinancing for the Project, and any trustee or agent or similar
representative acting on their behalf, (ii) providing interest rate or commodity protection under an
agreement hedging or otherwise mitigating the cost of any of the foregoing obligations or (iii)
participating in a lease financing (including a sale leaseback or leveraged leasing structure) with
respect to the Project.
“Letter of Credit” means one or more irrevocable, standby letters of credit issued by a
U.S. commercial bank or a foreign bank with a U.S. branch with such bank having a Credit Rating
of at least A- with an outlook designation of “stable” from S&P or A3 with an outlook designation
of “stable” from Moody’s, in a form substantially similar to the letter of credit set forth in Appendix
V-A.
“LIBOR” means the London Interbank Offered Rate for the corresponding deposits of
U.S. dollars.
“Licensed Professional Engineer” means a person acceptable to Buyer in its reasonable
judgment who (a) is licensed to practice engineering in California in accordance with applicable
Law including Cal. Bus. & Prof. Code §§ 6700 et seq., (b) has training and experience in the power
industry specific to the technology of the Project, (c) has no economic or familial relationship,
association, or nexus with Seller or Buyer, other than to meet the obligations of Seller pursuant to
this Agreement, (d) is not a representative of a consultant, engineer, contractor, designer or other
individual involved in the development of the Project or of a manufacturer or supplier of any
equipment installed at the Project, and (e) is licensed in an appropriate engineering discipline for
the required certification being made.
“Local Capacity Area” has the meaning set forth in the CAISO Tariff.
“Local RA Attributes” means any and all resource adequacy attributes or other locational
attributes related to a Local Capacity Area, as may be identified at any time during the Delivery
Term by the CPUC, CAISO or other Governmental Authority having jurisdiction, associated with
a physical location or point of electrical interconnection within the CAISO’s Balancing Authority,
that can be counted toward a Local RAR.
“Local RAR” means the local resource adequacy requirements established for Load
Serving Entities (as defined in the CAISO Tariff) by the CPUC pursuant to CPUC Decisions, or
by any other Governmental Authority having jurisdiction. Local RAR may also be known as local
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area reliability, local resource adequacy, local resource adequacy procurement requirements, or
local capacity requirement in other regulatory proceedings or legislative actions.
“Lockbox Account” has the meaning set forth in the Security Agreement.
“Lockbox Account Control Agreement” has the meaning set forth in the Security
Agreement.
“Lockbox Arrangement Documents” means, collectively, the Intercreditor and Collateral
Agency Agreement, the Security Agreement, and the Lockbox Account Control Agreement.
“Losses” means, with respect to any Party, an amount equal to the present value of the
economic loss to it, if any (exclusive of Costs), resulting from termination of this Agreement.
Factors used in determining economic loss to a Party may include, without limitation, reference to
information supplied by one or more third parties, which shall exclude Affiliates of the Non-
Defaulting Party, including without limitation, quotations (either firm or indicative) of relevant
rates, prices, yields, yield curves, volatilities, spreads or other relevant market data in the relevant
markets, comparable transactions, forward price curves based on economic analysis of the relevant
markets, settlement prices for comparable transactions at liquid trading hubs, all of which should
be calculated for the remaining Delivery Term to determine the value of the Product. If the Non-
Defaulting Party is the Seller, then “Losses” shall exclude any loss of federal or state tax credits,
grants, or benefits related to the Project or generation therefrom or any costs or fees related to the
Site or Project.
“Mechanical Completion” means that (a) all components and systems of the Project have
been properly constructed, installed and functionally tested according to EPC Contract
requirements in a safe and prudent manner that does not void any equipment or system warranties
or violate any permits, approvals or Laws; (b) the Project is ready for testing and commissioning,
as applicable; and (c) Seller has provided written acceptance to the EPC Contractor of mechanical
completion as that term is specifically defined in the EPC Contract.
“Member” means City of San Jacinto.
“Member Lockbox Arrangement” has the meaning set forth in Section 10.5(a).
“Member Performance Security” means (a) cash deposited in an escrow agreement on
terms and conditions satisfactory to Seller or (b) Letter of Credit, in either case in an amount
reasonably agreed to by the Parties.
“Monthly Payment” or “MP” has the meaning set forth in Section 5.2(d).
“Moody’s” means Moody’s Investors Service, Inc., or its successor.
“MUA Decision” has the meaning set forth in Section 4.2(m).
“Must Offer Obligations” means Seller’s obligation to Bid or cause Seller’s SC to Bid
the Project into the CAISO Markets due to delivery of the Product to Buyer and in accordance
with the CAISO Tariff.
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“MW” means megawatts in alternating current, unless expressly stated in terms of direct
current.
“NERC” means the North American Electric Reliability Corporation or any successor
entity performing similar functions.
“Non-Availability Charges” has the meaning set forth in the CAISO Tariff.
“Non-Defaulting Party” has the meaning set forth in Section 7.2.
“Non-Spinning Reserve” has the meaning set forth in the CAISO Tariff.
“Notice” unless otherwise specified in this Agreement, means written communications by
a Party to be delivered by hand delivery, United States mail, overnight courier service, or electronic
messaging (e-mail).
“Notice of Claim” has the meaning set forth in Section 15.2(a).
“Notify” means to provide a Notice.
“NQC” or “Net Qualifying Capacity” has the meaning given to “Net Qualifying
Capacity” in the CAISO Tariff.
“Operational Characteristics” means the operational characteristics set forth in
Appendix II.
“Other Capacity Attributes” means, exclusive of RA Attributes, Local RA Attributes,
and Flexible RA Attributes, any (a) current or future capacity characteristics or attributes,
including the ability to generate or charge at given capacity levels, the ability to ramp up or down
at a given rate, flexibility or dispatchability attributes, and locational attributes, as may be
identified at any time during the Delivery Term by any applicable Law, or voluntary or mandatory
program of any Governmental Authority or other Person, (b) certificate, tag, or credit, intended to
commoditize or otherwise attribute value resulting from or associated with the characteristics set
forth in subsection (a) of this definition, and (c) any accounting construct so that the characteristics
or values set forth in subsections (a) or (b) hereof may be counted toward any Compliance
Obligations.
“Participating Transmission Owner” or “Participating TO” means an entity that (a)
owns, operates and maintains transmission lines and associated facilities or has entitlements to use
certain transmission lines and associated facilities and (b) has transferred to the CAISO operational
control of such facilities or entitlements to be made part of the CAISO Grid.
“Party” or “Parties” has the meaning set forth in the preamble of this Agreement.
“Party’s Event of Default” has the meaning set forth in Section 7.1(b).
“Payment Quantity” has the meaning set forth in Section 5.2(d).
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“Performance Assurance” means collateral provided by Seller to Buyer to secure Seller’s
obligations under this Agreement and includes Development Security and Delivery Term Security.
“Permit” means any waiver, exemption, variance, franchise, permit, authorization,
consent, ruling, certification, license or similar order of or from, or filing or registration with, or
notice to, any Governmental Authority that authorizes, approves, limits or imposes conditions
upon a specified activity.
“Person” means any individual, sole proprietorship, corporation, limited liability
company, limited or general partnership, joint venture, association, joint-stock company, trust,
incorporated organization, institution, public benefit corporation, unincorporated organization,
government entity or other entity.
“Pricing Node” or “PNode” has the meaning set forth in the CAISO Tariff.
“Product” has the meaning set forth in Section 5.1(a).
“Progress Report” means a reasonably detailed progress report including the items set
forth in Appendix III.
“Project” means the energy storage facility described in Appendix I, as such may be
revised from time to time in accordance with this Agreement.
“Project Safety Plan” means Seller’s written plan that includes the Safeguards and plans
to comply with the Safety Requirements, as such Safeguards and Safety Requirements are
generally outlined in Appendix VI.
“Prudent Operating Practice” means those practices, methods, codes and acts engaged
in or approved by a significant portion of the electric power industry and applicable to energy
storage facilities during the relevant time period, or any of the practices, methods and acts which,
in the exercise of reasonable judgment in light of the facts known at the time a decision is made,
that could have been expected to accomplish a desired result at reasonable cost consistent with
good business practices, reliability, safety and expedition. Prudent Operating Practices are not
intended to be limited to the optimum practices, methods, or acts to the exclusion of others, but
rather to those practices, methods and acts generally accepted or approved by a significant portion
of the electric power industry in the relevant region, during the relevant time period, as described
in the immediately preceding sentence. Prudent Operating Practices also includes taking
reasonable steps to ensure that:
(a) Safeguards are implemented and maintained for the Project and at each Site
and are sufficient to address reasonably foreseeable incidents;
(b) equipment, material, and supplies are sufficient and accessible to operate
the Project safety and reliably;
(c) operating personnel are trained, equipped, and capable of responsible
operation and maintenance of the Project and at each Site, including identifying and responding to
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System Emergencies, emergencies, or Exigent Circumstances originating from or impacting the
Project or Site;
(d) the Project’s material components and control systems are designed,
manufactured, and configured to meet the standard of durability and safety generally used for
electric power or energy storage facilities operating in the relevant region; and
(e) the Project is appropriately designed, operated, maintained, monitored, and
tested to ensure it continues to function safely, reliably, and consistent with the intended design
specifications, applicable Laws, and Permits, and over the complete range of environmental
conditions reasonably expected to occur at each Site.
“RA Attributes” means, any and all resource adequacy attributes, exclusive of any Local
RA Attributes, Flexible RA Attributes and Other Capacity Attributes, as may be identified at any
time during the Delivery Term by the CPUC, CAISO or other Governmental Authority having
jurisdiction, that can be counted toward RAR and Local RAR.
“Receiving Party” has the meaning set forth in Section 20.2(b).
“Regulation Down” has the meaning set forth in the CAISO Tariff.
“Regulation Up” has the meaning set forth in the CAISO Tariff.
“Reliability Organization” means an “Electric Reliability Organization” as defined in
Section 215(a)(2) of the Federal Power Act or a “regional entity” as defined in Section 215(a)(7)
of the Federal Power Act.
“Remedial Action Plan” has the meaning set forth in Section 3.5.
“Remediation Event” means the occurrence of any of the following with respect to the
Project or a Site: (a) an Exigent Circumstance; (b) a Serious Incident; (c) a change in the nature,
scope, or requirements of applicable Laws, Permits, codes, standards, or regulations issued by
Governmental Authorities which requires modifications to the Safeguards; (d) a material change
to the manufacturer’s guidelines that requires modification to equipment or the Project’s operating
procedures; (e) a failure or compromise of an existing Safeguard; (f) Notice by Buyer pursuant to
Section 11.1 that the Project Safety Plan is not consistent with the Safety Requirements; or (g) any
actual condition related to the Project or a Site that would reasonably be expected to adversely
impact the safe construction, operation, or maintenance of the Project or a Site.
“Remediation Period” means the time period between the first occurrence of the
Remediation Event and the resolution of such Remediation Event which period may not exceed a
total of ninety (90) days; provided, however, that Seller may request to extend the Remediation
Period by up to ninety (90) days if Seller is unable to resolve the Remediation Event within the
initial ninety (90) day period despite exercising diligent efforts (and Buyer shall not unreasonably
withhold approval of such extension), and Seller may request an additional extension of the
Remediation Period of up to ninety (90) days if Seller is unable to resolve the Remediation Event
within the ninety (90) day extension period despite exercising diligent efforts, which Buyer may
approve or reject in its sole discretion. The Remediation Period may not, under any circumstance,
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continue for more than two hundred and seventy (270) days from the first occurrence of the
Remediation Event.
“Requirements” means Prudent Operating Practices and all applicable requirements of
Law, the Utility Distribution Company, the Transmission Provider, Governmental Approvals, the
CAISO, CPUC, CARB, FERC, NERC and WECC.
“Resold Product” has the meaning set forth in Section 5.1(b).
“Resource Adequacy” means the procurement obligation of load serving entities,
including Buyer, as such obligations are described in CPUC Decisions D.04-10-035 and D.05-10-
042 and subsequent CPUC decisions addressing Resource Adequacy issues, as those obligations
may be altered from time to time, and all other capacity procurement obligations established by
any other entity, including the CAISO.
“Resource Adequacy Plan” has the meaning set forth in the CAISO Tariff.
“Resource Adequacy Requirement” or “RAR” means the Resource Adequacy or
successor program requirements established by the CPUC, CAISO or any other regional entity,
including submission of a Supply Plan or Resource Adequacy Plan.
“RMR” means “Reliability Must-Run” and has the meaning set forth in, and as used in,
the CAISO Tariff.
“RMR Contract” has the meaning set forth in the CAISO Tariff.
“RMR Generation” has the meaning set forth in the CAISO Tariff.
“S&P” means Standard and Poor’s Financial Services, LLC (a subsidiary of The McGraw-
Hill Companies, Inc.) or its successor.
“Safeguard” means any procedures, practices, or actions with respect to the Project, a Site
or Work for the purpose of preventing, mitigating, or containing foreseeable accidents, injuries,
damage, release of hazardous material or environmental harm.
“Safety Remediation Plan” means a written Notice from Seller to Buyer containing
information about a Remediation Event, including (a) the date, time and location of first
occurrence, (b) the circumstances surrounding cause, (c) impacts, and (d) detailed information
about Seller’s plans to resolve the Remediation Event.
“Safety Requirements” means Prudent Operating Practices, CPUC General Order No.
167, and all applicable safety-related (construed broadly) requirements of Law, the Utility
Distribution Company, the Transmission Provider, Governmental Approvals, the CAISO, CARB,
FERC, NERC and WECC.
“Scheduling Coordinator” or “SC” has the meaning set forth the CAISO Tariff. Under
the terms of this Agreement, the SC may be Seller or Seller’s designated agent (i.e., a third-party).
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“SEC” means the U.S. Securities and Exchange Commission, or any successor entity
performing similar functions.
“Security Agreement” means the Security Agreement, dated as of January 22, 2018,
between Member and Collateral Agent, as collateral agent for the benefit of the Secured Creditors,
or any successor agreement generally available to Member’s creditors.
“Security Interest” has the meaning set forth in Section 10.3(a).
“Seller” has the meaning set forth in the preamble to this Agreement.
“Seller’s Event of Default” has the meaning set forth in Section 7.1(a).
“Serious Incident” means a harmful event that occurs on a Site during the Term arising
out of, related to, or connected with the Project or the Site that results in any of the following
outcomes: (a) any injury to or death of a member of the general public; (b) the death or permanent,
disabling injury to operating personnel, Seller’s Contractors or subcontractors, Seller’s employees,
agents, or consultants, or authorized visitors to the Site; (c) any property damage greater than three
hundred thousand dollars ($300,000.00); (d) release of hazardous material above the limits, or
violating the requirements, established by Permits, codes, standards, regulations, Laws or
Governmental Authorities; (e) environmental impacts exceeding those authorized by Permits or
applicable Law.
“Settlement Amount” means the Non-Defaulting Party’s Costs and Losses, on the one
hand, netted against its Gains, on the other. If the Non-Defaulting Party’s Costs and Losses exceed
its Gains, then the Settlement Amount shall be an amount owing to the Non-Defaulting Party. If
the Non-Defaulting Party’s Gains exceed its Costs and Losses, then the Settlement Amount shall
be zero dollars ($0). The Settlement Amount does not include consequential, incidental, punitive,
exemplary or indirect or business interruption damages.
“Shortfall” means any difference between a Delivered Quantity and a Contract Amount.
“Showing Month” incorporates each day of each calendar month of the Delivery Term
that is the subject of the Compliance Showings, as set forth in the CPUC Decisions. For illustrative
purposes only, pursuant to the CPUC Decisions in effect as of the Effective Date, the monthly
Compliance Showings made in June are for the Showing Month of August and the annual
Compliance Showing made in October is for the twelve (12) Showing Months of the following
year.
“Site(s)” means the real property on which the Project is located, as identified in Appendix
I.
“Site Control” means that Seller owns the Site and the Project or has demonstrable
contractual real property rights to the Site sufficient for the permitting, control, development and
operation of the Project.
“Spinning Reserve” has the meaning set forth in the CAISO Tariff.
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“Standalone Energy Storage Incentives” means (a) all federal tax credits associated with
the construction or ownership from the Facility (including credits under Sections 38, 45, 46 and
48 of the Internal Revenue Code of 1986, as amended), and (b) any federal, subsidies or other like
benefits relating in any way to the Facility, including a cash grant available under Section 1603 of
Division B of the American Recovery and Reinvestment Act of 2009, in lieu of federal Tax credits
or any similar or substitute payment available under subsequently enacted federal legislation.
“Supply Plan” has the meaning set forth in the CAISO Tariff.
“Supplying Party” has the meaning set forth in Section 20.2(b).
“System Emergency” has the meaning set forth in the CAISO Tariff.
“Tax” or “Taxes” means all U.S. federal, state and local and any foreign taxes, levies,
assessments, surcharges, duties and other fees and charges of any nature imposed by a
Governmental Authority, whether currently in effect or adopted during the Term, including ad
valorem, excise, franchise, gross receipts, import/export, license, property, sales and use, stamp,
transfer, payroll, unemployment, income, and any and all items of withholding, deficiency,
penalty, additions, interest or assessment related thereto.
“Term” has the meaning set forth in Section 2.2(a).
“Terminated Transaction” has the meaning set forth in Section 7.2(a).
“Termination Payment” has the meaning set forth in Section 7.3.
“Transmission Provider” means the CAISO.
“Utility Distribution Company” has the meaning set forth in the CAISO Tariff.
“WECC” means the Western Electricity Coordinating Council or its successor entity with
similar functions.
“Work” means (a) work or operations performed by a Party or on a Party’s behalf; and (b)
materials, parts or equipment furnished in connection with such work or operations; including (i)
warranties or representations made at any time with respect to the fitness, quality, durability,
performance or use of “a Party’s work”; and (ii) the providing of or failure to provide warnings or
instructions.
1.2 Rules of Interpretation. In this Agreement, except as expressly stated otherwise
or unless the context otherwise requires:
(a) headings and the rendering of text in bold and italics are for convenience
and reference purposes only and do not affect the meaning or interpretation of this Agreement;
(b) words importing the singular include the plural and vice versa and the
masculine, feminine and neuter genders include all genders;
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(c) the words “hereof”, “herein”, and “hereunder” and words of similar import
shall refer to this Agreement as a whole and not to any particular provision of this Agreement;
(d) a reference to an article, section, paragraph, clause, Party, appendix, or
exhibit is a reference to that section, paragraph, clause of, or that Party, appendix, or exhibit to,
this Agreement unless otherwise specified;
(e) a reference to a document or agreement, including this Agreement means
such document, agreement or this Agreement including any amendment or supplement to, or
replacement, novation or modification of this Agreement, but disregarding any amendment,
supplement, replacement, novation or modification made in breach of such document, agreement
or this Agreement;
(f) a reference to a Person includes that Person’s successors and permitted
assigns;
(g) the term “including” means “including without limitation” and any list of
examples following such term shall in no way restrict or limit the generality of the work or
provision in respect of which such examples are provided;
(h) references to any statute, code or statutory provision are to be construed as
a reference to the same as it may have been, or may from time to time be, amended, modified or
reenacted, and include references to all bylaws, instruments, orders and regulations for the time
being made thereunder or deriving validity therefrom unless the context otherwise requires;
(i) in the event of a conflict, a mathematical formula or other precise
description of a concept or a term shall prevail over words providing a more general description
of a concept or a term;
(j) references to any amount of money shall mean a reference to the amount in
United States Dollars;
(k) words, phrases or expressions not otherwise defined herein that (i) have a
generally accepted meaning in Prudent Operating Practice shall have such meaning in this
Agreement or (ii) do not have well known and generally accepted meaning in Prudent Operating
Practice but that have well known and generally accepted technical or trade meanings, shall have
such recognized meanings;
(l) the terms “year” and “calendar year” mean the period of months from
January 1 through and including December 31; the term “month” means a calendar month unless
otherwise indicated, and a “day” means a 24-hour period beginning at 12:00:01 a.m. and ending
at 12:00:00 midnight; provided that a “day” may be 23 or 25 hours on those days on which daylight
savings time begins or ends, respectively;
(m) unless otherwise specified herein, where the consent of a Party is required,
such consent shall not be unreasonably withheld or unreasonably delayed;
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(n) when an action is required to be completed on a Business Day, such action
must be completed prior to 5:00 p.m. on such day, Pacific Standard time, and actions occurring
after 5:00 p.m. (such as the delivery of a Notice) will be deemed to have occurred on the following
Business Day;
(o) all references to Product mean each and all components of the Product
unless the context infers a particular component of Product; and
(p) each Party acknowledges that it was represented by counsel in connection
with this Agreement and that it or its counsel reviewed this Agreement and that any rule of
construction to the effect that ambiguities are to be resolved against the drafting party shall not be
employed in the interpretation of this Agreement.
ARTICLE 2: TERM
2.1 Effectiveness.
(a) Upon Effective Date.
(i) Upon execution by both Parties, this Agreement shall be in full force
and effect, enforceable and binding in all respects as of the Effective Date.
(ii) Seller shall deliver to Buyer on or before the Effective Date correct
and complete copies of: (A) Seller’s most recent annual report, audited consolidated financial
statements, and unaudited consolidated financial statements; and (B) Seller’s organizational
documents (including any certification of formation, certification of incorporation, charter,
operating agreement, partnership agreement, bylaws, or similar documents) and any amendments
thereto.
2.2 Term.
(a) The “Term” of this Agreement shall commence upon the Effective Date
and shall continue until the expiration of the Delivery Term (unless terminated earlier in
accordance with the terms of this Agreement).
(b) The “Delivery Term” is the period commencing on the Initial Delivery
Date and continuing for the number of Contract Years specified on the Cover Sheet. The “Initial
Delivery Date” is the first day of the first Showing Month for which Product is delivered; provided
that the Initial Delivery Date may not occur until satisfaction of the Conditions Precedent, as set
forth in Article 4.
ARTICLE 3: PROJECT DEVELOPMENT
3.1 Project Construction.
(a) Seller has achieved Site Control as of the Effective Date.
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(b) Seller shall develop, design and construct the Project in timely fashion in
order to perform Seller’s obligations under this Agreement.
(c) Seller has caused the following to occur as of the Effective Date
(“Construction Start”): (i) acquisition of all Governmental Approvals necessary for the
construction of the Project, (ii) engagement of each Contractor, (iii) execution of the EPC Contract
and issuance of a full notice to proceed thereunder that authorizes the Contractor to mobilize to
the Site and begin physical construction (including, at a minimum, excavation for foundations or
the installation or erection of improvements, as applicable) at the Site, and (iv) ordering of all
essential equipment and supplies, in each case (i)-(iv), as reasonably necessary so that physical
construction of the Project may begin and proceed to completion without foreseeable interruption
of material duration.
3.2 Interconnection. Seller has executed and delivered all necessary Interconnection
Agreements as of the Effective Date. Seller shall (a) comply with all terms and conditions
contained in the Interconnection Agreement as necessary for the safe and reliable delivery of the
Product and (b) arrange, schedule and be responsible for any and all electric distribution and
transmission service including any Governmental Approvals required for the foregoing. Seller
shall fulfill all contractual, metering and applicable interconnection requirements, including
Electric System Upgrades and those requirements set forth in the Utility Distribution Company’s
applicable tariffs, the Participating Transmission Owner’s applicable tariffs, the CAISO Tariff and
implementing CAISO standards and requirements, so as to be able to deliver the Product to Buyer.
3.3 Metering. At Seller’s expense, Seller shall obtain and maintain a single CAISO
resource ID dedicated exclusively to the Project and shall install, or cause to be installed, all
necessary metering and telemetry required by the CAISO to deliver the Product.
3.4 Progress Reports. Within fifteen (15) days after the close of each calendar quarter,
starting with the first calendar quarter following the Effective Date and until the Commercial
Operation Date, Seller shall provide to Buyer a Progress Report in a Notice and agree to regularly
scheduled meetings between representatives of Buyer and Seller to review such quarterly reports
and discuss Seller’s progress.
3.5 Remedial Action Plans. If Seller anticipates that it will not be able to timely
satisfy the Commercial Operation Milestone, except as the result of Force Majeure or a Buyer’s
Event of Default, Seller shall submit to Buyer no later than thirty (30) days prior to the relevant
deadline a remedial action plan (“Remedial Action Plan”), which will describe in detail the actual
delay, any anticipated delay beyond the scheduled deadline, the cause of the delay, and Seller’s
proposed course of action to achieve the Initial Delivery Date by the Expected Initial Delivery
Date. Delivery of a Remedial Action Plan shall not relieve Seller of any obligation under this
Agreement.
3.6 Standalone Energy Storage Incentives. Seller shall have exclusive rights to any
Standalone Energy Storage Incentives and Buyer shall not own nor have the right to share in any
benefits associated with such Standalone Energy Storage Incentives.
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ARTICLE 4: INITIAL DELIVERY DATE
4.1 Timing of the Initial Delivery Date.
(a) Timely Initial Delivery Date. Seller shall cause the Initial Delivery Date
to occur on, and not prior to, the Expected Initial Delivery Date.
(b) Early Initial Delivery Date. If Seller wishes for the Initial Delivery Date
to occur prior to the Expected Initial Delivery Date, Seller may provide Buyer with a written
request for a specified earlier date, so long as such written request is provided at least one (1) year
prior to the Expected Initial Delivery Date. If Buyer agrees to the requested earlier date, the Parties
shall execute a written amendment to this Agreement memorializing the agreement that each
reference to the Expected Initial Delivery Date in this Agreement shall thereafter be deemed a
reference to such earlier date.
(c) Failure to Meet Expected Initial Delivery Date.
(i) Seller shall provide Buyer with advance Notice of any delay in
achieving the Initial Delivery Date on the Expected Initial Delivery Date, including a true and
reasonably detailed explanation of the cause of such delay (“Delay Notice”), at least ninety (90)
days in advance of the Expected Initial Delivery Date (or, if Seller’s anticipation of such delay
does not arise until after such advance window, then as soon as reasonably possible following such
anticipation arising). For each day beginning with the day after the Expected Initial Delivery Date
until and including the date on which the Initial Delivery Date occurs, for a period beyond the
Expected Initial Delivery Date lasting no more than one hundred eighty (180) days (“IDD Cure
Period”), Seller shall pay IDD Delay Damages to Buyer. Buyer shall invoice Seller for the amount
of any IDD Delay Damages. Buyer may draw any IDD Delay Damages that are due to Buyer from
the Development Security after providing an invoice for the amounts due. Notwithstanding the
foregoing, if Seller fails to achieve the Initial Delivery Date by the Expected Initial Delivery Date
due to Force Majeure or a Buyer’s Event of Default, subject to the notice requirements in Section
8.1, the IDD Cure Period shall be extended on a day-for-day basis for such events, and no IDD
Delay Damages shall be required to be paid for such period of delay due to Force Majeure or
Buyer’s Event of Default.
(ii) Each Party agrees that (A) the damages that Buyer would incur due
to Seller’s delay in achieving the Expected Initial Delivery Date would be difficult or impossible
to predict with certainty and (B) the IDD Delay Damages are an appropriate approximation of such
damages.
4.2 Conditions Precedent to the Initial Delivery Date. Seller shall take all actions
and obtain all approvals necessary to meet the obligations of this Agreement and to deliver the
Product to Buyer pursuant to the terms of this Agreement. The following obligations of Seller are
conditions precedent to the Initial Delivery Date (collectively, the “Conditions Precedent”) and
must be satisfied at least seventy-five (75) days before the Initial Delivery Date, unless a different
deadline is set forth below, in which case such other deadline shall govern, to Buyer’s reasonable
satisfaction:
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(a) Seller shall have provided to Buyer updated correct and complete copies of
the items identified in Section 2.1(a)(ii).
(b) Seller shall have secured all CAISO and Governmental Approvals as are
necessary for the safe and lawful operation and maintenance of the Project and to enable Seller to
deliver the Product to Buyer, including at the Contract Amounts.
(c) Seller has secured and maintained Site Control.
(d) On or before the Commercial Operation Deadline, Seller shall have caused
the Project to become Commercially Operable.
(e) Seller shall have provided to Buyer a certification of Seller and a Licensed
Professional Engineer, substantially in the form attached hereto as Appendix IV, demonstrating (i)
that the Commercial Operation Date has occurred and (ii) satisfactory completion of the Project at
the Site.
(f) Seller shall have provided to Buyer all documentation reasonably
acceptable to Buyer demonstrating that the Project successfully completed all applicable testing
and registration procedures required by CAISO to Bid into the CAISO Markets.
(g) Seller shall have executed and complied with any necessary Interconnection
Agreement(s) and installed any necessary metering to deliver Product to Buyer, in each case in
accordance with the CAISO Tariff and any applicable tariffs of the Utility Distribution Company
and the Participating Transmission Owner.
(h) On or before the Initial Delivery Date, Seller shall have provided Delivery
Term Security to Buyer as required by Section 10.2.
(i) As of the Initial Delivery Date, no Event of Default on the part of Seller
shall have occurred and be continuing and no Remediation Event shall have occurred and remain
unresolved.
(j) Seller shall have submitted to Buyer a Project Safety Plan.
(k) Seller shall have obtained certification of Product in accordance with the
CAISO Tariff and CPUC requirements applicable to Product (i) resulting in certifications of not
less than the Contract Amounts and (ii) so as to ensure the Project is fully deliverable such that
Seller is able to deliver Product in the Contract Amounts to Buyer for purposes of counting towards
Buyer’s Compliance Obligations.
(l) As of the dates required under Section 5.2(b) and Section 5.2(c), as
applicable, (i) Seller shall have submitted, or shall have caused its SC to have submitted, a Notice
to Buyer including Seller’s proposed Supply Plan for the first Showing Month in accordance with
Section 5.2(b) and (ii) Seller shall have submitted, or shall have caused its SC to have submitted,
a Supply Plan to CAISO in accordance with Section 5.2(c).
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(m) Seller shall have provided to Buyer an attestation, in the form attached
hereto as Appendix VII, that Seller is following all of the rules set forth in CPUC Decision 18-01-
003 on Multiple-Use Application Issues, issued January 17, 2018, regarding the multiple-use
applications of energy storage facilities (the “MUA Decision”).
(n) Seller shall have delivered to Buyer all insurance documents required under
Article 16.
(o) As of the Initial Delivery Date, Seller shall have paid Buyer for all amounts
owing under this Agreement, if any, including IDD Delay Damages, if any.
4.3 Cooperation in Connection with Initial Delivery Date. The Parties agree that,
in order for Seller to achieve the Initial Delivery Date, the Parties may have to perform certain of
their Delivery Term obligations in advance of the Initial Delivery Date. The Parties shall cooperate
with each other in order for Buyer to be able to utilize the Product beginning on the Initial Delivery
Date and Seller agrees to cause the Project’s SC to cooperate in order to achieve the same.
4.4 Confirmation of Initial Delivery Date. Once each of the Conditions Precedent
has been satisfied by Seller (other than any Condition Precedent that may only be satisfied as of
the Initial Delivery Date), Seller shall certify such satisfaction to Buyer in a Notice confirming the
anticipated occurrence of the Initial Delivery Date. Buyer shall Notify Seller of any disagreement
that Seller has satisfied such Conditions Precedent (with reasonable detail in regard to each
Condition Precedent) within fifteen (15) Business Days of Seller’s Notice. On or promptly
following the Initial Delivery Date (in no event later than five (5) Business Days thereafter), Buyer
shall provide a Notice to Seller confirming the occurrence of the Initial Delivery Date.
ARTICLE 5: TRANSACTION
5.1 Product.
(a) During the Delivery Term, Seller grants, pledges, assigns and otherwise
commits and shall deliver to Buyer, for Buyer’s exclusive use, all Capacity Attributes that may be
calculated or derived from the Operational Characteristics, which must be exclusively from the
Project (collectively, the “Product”), pursuant to the terms and conditions contained herein.
Operational Characteristics shall not be modified during the Term.
(b) In addition to the Capacity Attributes, the Product includes the exclusive
right to claim the Contract Amounts as an incremental resource for purposes of CPUC D.21-06-
035. During the Delivery Term Buyer shall have the exclusive right to claim the Contract Amounts
as an incremental resource for purposes of CPUC D.21-06-035.
(c) Buyer shall have the right to re-sell all or a portion of the Product purchased
under this Agreement (“Resold Product”).
(d) Product does not confer to Buyer any right to dispatch or receive Energy or
Ancillary Services from the Project.
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5.2 Purchase and Sale Obligation.
(a) For each day of each Showing Month during the Delivery Term, Seller
agrees to deliver all Capacity Attributes of Product to Buyer, including in the amounts and
categories set forth on the Cover Sheet (“Contract Amounts”).
(b) No later than fifteen (15) Business Days prior to the applicable Compliance
Showing deadlines for each Showing Month, Seller shall submit, or cause its SC to submit, a
Notice to Buyer which includes Seller’s proposed Supply Plan for such Showing Month in a format
and to a platform as Notified by Buyer to Seller prior to such deadline. No later than ten (10)
Business Days before the applicable Compliance Showing deadlines for each Showing Month,
Buyer may Notify Seller of any administrative or typographical corrections to the Supply Plan and
Seller shall implement any such corrections in the Supply Plan that it submits, or causes to be
submitted, to the CAISO. In the event that Buyer does not Notify Seller of any such corrections
to the proposed Supply Plan, Seller shall submit the Supply Plan to CAISO as it was proposed by
Notice to Buyer.
(c) After following the procedure in Section 5.2(b), Seller shall submit, or cause
to be submitted, a Supply Plan to CAISO, in accordance with the applicable Compliance Showing
deadlines for each Showing Month, to identify and confirm the Product to be delivered to Buyer
(or, with regard to Resold Product, Buyer’s designee) for each day within the applicable Showing
Month. For each of the Capacity Attributes of Product that Seller submits in its Supply Plan in the
applicable Showing Month, Seller shall not submit an amount greater than the Contract Amount
of each of the respective Capacity Attributes. The lowest daily quantity that Seller submits for
each of the Capacity Attributes in a Supply Plan shall be deemed to be the amount of the respective
Capacity Attributes that Seller has delivered for such Showing Month (“Delivered Quantities”).
(d) For all Capacity Attributes of the Product that Seller delivers during the
Delivery Term in accordance with this Agreement, Buyer shall, in accordance with Article 9, pay
Seller a monthly payment (“Monthly Payment” or “MP”) as follows:
MP = (DQ / CA) × PQ × CP
where,
DQ = The sum of the Delivered Quantities of all RA Attributes, Local RA
Attributes, and Flexible Attributes;
CA = The sum of the Contract Amounts of all RA Attributes, Local RA
Attributes, and Flexible Attributes;
PQ = The payment quantity set forth on the Cover Sheet (“Payment
Quantity”); and
CP = The contract price set forth on the Cover Sheet (“Contract Price”).
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5.3 Allocation of CAISO Payments and Costs.
(a) Except as may otherwise be provided in this Agreement, Seller shall retain
any revenues it may receive from and pay all costs charged by, the CAISO or any other third party
with respect to the Product or Project.
(b) To the extent that the Project is subject to the terms of the Availability
Standards, Non-Availability Charges, and Availability Incentive Payments of the CAISO Tariff,
the Parties agree that any Availability Incentive Payments are for the benefit of Seller and for
Seller’s account and that any Non-Availability Charges are the responsibility of Seller and for
Seller’s account.
ARTICLE 6: OPERATIONS
6.1 Operations. Seller shall at all times retain operational control of the Project and
be responsible for operation and maintenance of the Project.
6.2 Charging Energy. Seller shall be responsible for procuring and delivering all of
the Charging Energy to the Project and paying all of the associated costs of such Charging Energy.
6.3 Standard of Care. In performing all of its obligations under this Agreement,
including in its scheduling, interconnection, operation and maintenance of the Project, Seller shall
comply with all Requirements and Safety Requirements.
6.4 Buyer’s Compliance Obligations; Certification of Product.
(a) During the Term, Seller shall take all actions, including executing all
documents or instruments, complying with all applicable registration, certification and reporting
requirements of all applicable Governmental Authorities and other Persons, as such requirements
may be amended from time to time, that are necessary to ensure that Buyer can use Product,
including enabling Buyer to apply Product towards Buyer’s Compliance Obligations, or sell
Resold Product, at all times during the Delivery Term. Promptly following Buyer’s written
request, Seller agrees to take all actions and execute or provide any documents, information, or
instruments with respect to Product reasonably necessary to enable Buyer to comply with the
requirements of any Governmental Authority.
(b) During the Delivery Term, Seller shall, at no cost to Buyer, obtain and
maintain CAISO and all applicable Governmental Authority certification(s) for all elements of the
Product for which certification is or may become required in order to enable Buyer to receive and
use such Product, including use of such Product to satisfy its Compliance Obligations. If Buyer is
required under applicable Law to obtain such certification, Seller shall take all actions within its
control to ensure that Buyer is able to secure such certification. Seller, at no cost to Buyer, shall
take all other actions during the Delivery Term, including submission of all reports and other
filings with CAISO and applicable Governmental Authorities, that are required to be taken by
Seller to ensure that Buyer can receive the Product and shall take all actions within its control to
assist Buyer in taking actions required to be taken by Buyer with regard to receipt of Product.
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6.5 Scheduling.
(a) Seller shall be the SC or shall designate a qualified third party to fulfill such
role for the Project in order to deliver Product to Buyer during the Delivery Term in accordance
with the terms of this Agreement. Seller shall be solely responsible for all costs associated with
the SC. Seller shall take, or cause its SC to take, all necessary steps to qualify itself and the Project
in such other manner identified and approved by the CAISO and CPUC that permits Seller to
provide Product to Buyer.
(b) Seller shall comply, and shall cause SC to comply, with all applicable
CAISO Tariff provisions, CPUC Decisions and all other applicable rules, requirements or Laws,
including any Bidding of the Project to meet any Must Offer Obligations, in order to deliver the
Product to Buyer and allow Buyer to use the Product to satisfy Buyer’s Compliance Obligations.
(c) Buyer shall have no liability for the failure of Seller or SC to comply with
any applicable Law, Requirements, or other requirement of the Transmission Provider or Utility
Distribution Company, including any penalties, charges or fines imposed for such noncompliance
except to the extent that such noncompliance is due to Buyer’s failure to comply with its
obligations under this Agreement. In no event shall Buyer be required to use or change its
utilization of its owned or controlled assets or market positions to minimize a Shortfall.
(d) Seller shall not accept, and shall cause the Project’s SC to not accept, any
proposed CPM or RMR designation by the CAISO unless and until Buyer has agreed to accept
such designation in a Notice. In addition, Seller shall promptly Notify, or cause the Project’s SC
to promptly Notify, Buyer within one (1) Business Day of the time Seller or the SC receives a
proposal from CAISO to designate any portion of the Product as CPM Capacity or RMR
Generation. During the Delivery Term, Buyer has exclusive right to enter into a RMR Contract
with respect to the Product or any component thereof, provided that the RMR Contract would not
require the Project to operate beyond the Operational Characteristics or beyond the end of the
Delivery Term.
6.6 Information Sharing and Shared Learning. Seller understands and
acknowledges that Buyer is entering into this Agreement in part to gain operational and market
information regarding the performance, efficiency, operations, maintenance, and multiple uses of
energy storage and storage assets as an integral part of Buyer’s portfolio of assets to meet its
customers’ needs as well as to gain an understanding of the impact of energy storage on load
forecasting as a load serving entity. Throughout the Delivery Term, Seller agrees to share such
information with Buyer, including meter data and hourly charging and discharging data but
excluding cost or similar proprietary information, upon Buyer’s request, with such information to
be treated by Buyer as Confidential Information. Seller shall provide such applicable meter data
to Buyer in a format and to a platform specified by Buyer that is reasonably acceptable to Seller.
For information related to Seller’s multiple uses of the Project, Seller shall promptly provide
Notice to Buyer any time it provides any services, attributes, or products from the Project to a third
party.
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6.7 Changes in Law.
(a) In the event of any change in Requirements by the CPUC, CAISO, or other
Governmental Authority or Person (in each case, other than a Party) having jurisdiction over
Capacity Attributes that results in an increase or decrease to the amount of Capacity Attributes
(other than Other Capacity Attributes) that may be calculated or derived from the Operational
Characteristics (including in the case of a new category of Capacity Attributes), then either Party
shall provide Notice to the other Party as soon as practicable following knowledge of such change
specifying the altered amounts of Capacity Attributes of Product (“Change Notice”). Following
a Change Notice, Buyer will confirm via Notice to Seller the amended Contract Amounts and
Payment Quantity based on such change and the date that Seller shall commence delivery of such
amended amounts (“Confirmation Notice”); provided that, in the case of an increase to the
amount of Capacity Attributes that may be calculated or derived from the Operational
Characteristics, Buyer shall have sole discretion over whether to accept a corresponding increase
to any Contract Amount and the Payment Quantity; provided further that, if Buyer declines to
accept any such increase, Seller shall have the right to sell to third parties any Capacity Attributes
resulting from such increase that are in excess of the Contract Amounts. The Contract Amounts
and Payment Quantity shall automatically adjust upon the date set forth in the Confirmation Notice
(“Capacity Adjustment Date”) without further need for the Parties to amend this Agreement.
Until the Capacity Adjustment Date, Seller shall continue to deliver the Contract Amounts of the
Capacity Attributes of Product as stated prior to the Confirmation Notice, unless otherwise
required by Law or other Requirements. In the event that Buyer disputes the altered amounts of
Capacity Attributes that may be calculated or derived from the Operational Characteristics as set
forth in the Change Notice, the Parties shall resolve such dispute in accordance with the dispute
resolution procedures set forth in Section 19.2.
Notwithstanding the provisions of this Section 6.7(a), if Buyer sends a Change Notice that
indicates that a decrease to the amount of Capacity Attributes will trigger a reduction of the total
Monthly Payments that Seller will receive for the twelve (12)-month period following the Capacity
Adjustment Date by ten percent (10%) or more of the total Monthly Payments received by Seller
in the immediately preceding twelve (12)-month period, then Seller may send a Notice to Buyer
of its intent to terminate this Agreement. Buyer and Seller shall then engage in good faith
negotiations to resolve the effects of the change to the Requirements with respect to the Capacity
Attributes and the percentage reduction of total Monthly Payments, if any. If Buyer and Seller are
unable, within sixty (60) days after delivery of such Notice, to agree upon changes to this
Agreement or to resolve issues relating to the change in Requirements with respect to the Capacity
Attributes, then Seller may send a Notice designating a day, no earlier than the day such Notice is
deemed to be received and no later than twenty (20) days after such Notice is deemed to be
received, as an early termination date of this Agreement. If Seller terminates this Agreement
pursuant to this Section 6.7(a), then neither Party shall have any further liability to one another
other than with respect to any liabilities or obligations that have accrued as of the date of
termination set forth in the Notice. Notwithstanding the foregoing, Seller shall have no right to
terminate this Agreement pursuant to this provision if, and for so long as, Buyer has received a
Confirmation Notice and Buyer agrees to pay a Monthly Payment equal to ninety percent (90%)
of the amount that is equal to the total Monthly Payments received by Seller in the immediately
preceding twelve (12)-month period, divided by twelve (12).
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(b) In the event a centralized capacity market develops within the WECC
region, Buyer will have exclusive right to offer, bid, or otherwise submit the Product for re-sale in
such markets, or to cause Seller or Seller’s SC to do so, and Buyer shall retain and receive any and
all related revenues.
(c) If a change in CAISO, CPUC or other Governmental Authority
Requirements renders this Agreement or any provisions hereof incapable of being performed or
administered, then either Party may request that Buyer and Seller enter into negotiations to make
the minimum changes to this Agreement necessary to make this Agreement capable of being
performed and administered, while attempting to preserve to the maximum extent possible the
benefits, burdens, and obligations set forth in this Agreement as of the Effective Date. Upon
delivery of such a request, Buyer and Seller shall engage in such negotiations in good faith. If
Buyer and Seller are unable, within sixty (60) days after delivery of such request, to agree upon
changes to this Agreement or to resolve issues relating to changes to this Agreement, then either
Party may submit issues pertaining to changes to this Agreement to the dispute resolution process
set forth in Section 19.2. Notwithstanding the foregoing, (i) a change in cost shall not in and of
itself be deemed to render this Agreement or any of the provisions hereof incapable of being
performed or administered, or constitute, or form the basis of, a Force Majeure, and (ii) all of
unaffected provisions of this Agreement shall remain in full force and effect during any period of
such negotiation or dispute resolution.
ARTICLE 7: EVENTS OF DEFAULT; REMEDIES
7.1 Events of Default.
(a) Seller will be deemed a Defaulting Party upon the occurrence of any of the
following (each, a “Seller’s Event of Default”):
(i) Seller fails to satisfy a Performance Assurance requirement set forth
in Article 10 and Seller fails to provide replacement Performance Assurance within ten (10)
Business Days of Buyer’s written demand therefor in accordance with Article 10;
(ii) any material misrepresentation or omission, in any metering or
submetering, Supply Plan, report, or Notice with regard to delivery of the Product, or undue delay
or withholding of such data, report or Notice, which misrepresentation or undue delay or
withholding is not cured within ten (10) Business Days of Buyer’s receipt thereof;
(iii) Seller intentionally or knowingly delivers, or attempts to deliver
Product that is not produced by the Project;
(iv) Seller fails to pay IDD Delay Damages in accordance with Section
4.1(c);
(v) Seller fails to achieve the Initial Delivery Date prior to the expiration
of the IDD Cure Period, as such IDD Cure Period may be extended for Force Majeure or a Buyer’s
Event of Default; or
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(vi) Any failure by Seller in a Showing Month to deliver Delivered
Quantities to Buyer equal to the Contract Amounts in accordance with Section 5.2; provided that
a Seller’s Event of Default shall not be deemed to have occurred under this Section 7.1(a)(vi) if
such failure has not been preceded by two (2) or more such failures in separate Showing Months
within the last six (6) months and Seller provides Buyer with substitute Capacity Attributes that
are acceptable to Buyer in Buyer’s reasonable discretion in the amount of such Shortfall and for
the time period of such Shortfall.
(vii) For the avoidance of doubt: (1) a Seller’s Event of Default shall be
deemed to have occurred under Section 7.1(a)(vi) if Seller fails to provide Buyer with substitute
Capacity Attributes in accordance with Section 7.1(a)(vi); (2) the amount described in Section
7.1(a)(vi) shall be owed by Seller to Buyer on a separate and additional basis for each of any two
(2) failures under Section 7.1(a)(vi) occurring within any six (6) month period; and (3) the amount
described in Section 7.1(a)(vi) represents Buyer’s direct damages as a result of a failure by Seller
to deliver Delivered Quantities to Buyer equal to the Contract Amounts in accordance with Section
5.2 and is in addition to Seller’s indemnity obligations under Article 15 for any third-party Claims,
including any penalties or fines imposed by CAISO or the CPUC.
(b) Either Party will be deemed a Defaulting Party upon the occurrence of any
of the following (each, a “Party’s Event of Default”):”
(i) the failure by such Party to make, when due, any payment required
pursuant to this Agreement and such failure is not remedied within ten (10) Business Days after
Notice thereof;
(ii) any representation or warranty made by such Party under this
Agreement is false or misleading in any material respect when made or when deemed made or
repeated, and such default is not remedied within thirty (30) days after Notice thereof, or such
longer additional period, not to exceed an additional sixty (60) days, if the Defaulting Party is
unable to remedy such default within such initial thirty (30) day period despite exercising diligent
efforts;
(iii) the failure by such Party to perform any material covenant or
obligation set forth in this Agreement, including any failure by Seller to comply with Sections 5.1,
5.2, or 6.4 or with any Requirement or Safety Requirement in accordance with Section 6.3, in any
case except to the extent constituting a separate Event of Default, and such failure is not remedied
within thirty (30) days after Notice thereof, or such longer additional period, not to exceed an
additional ninety (90) days, if the Defaulting Party is unable to remedy such default within such
initial thirty (30) day period despite exercising diligent efforts;
(iv) such Party becomes Bankrupt;
(v) such Party assigns this Agreement or any of its rights hereunder
other than in compliance with Article 18; or
(vi) such Party consolidates or amalgamates with, or merges with or into,
or transfers all or substantially all of its assets to, another entity and, at the time of such
consolidation, amalgamation, merger or transfer, the resulting, surviving or transferee entity fails
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to assume all the obligations of such Party under this Agreement to which it or its predecessor was
a party by operation of Law or pursuant to an agreement reasonably satisfactory to the other Party.
7.2 Remedies; Declaration of Early Termination Date. If an Event of Default with
respect to a Defaulting Party has occurred, the other Party (“Non-Defaulting Party”) shall have
the following rights:
(a) to send Notice, designating a day, no earlier than the day such Notice is
deemed to be received and no later than twenty (20) days after such Notice is deemed to be
received, as an early termination date of this Agreement (“Early Termination Date”) that
terminates this Agreement (the “Terminated Transaction”) and ends the Delivery Term effective
as of the Early Termination Date;
(b) to accelerate all amounts owing between the Parties, and to collect as
liquidated damages (i) the Damage Payment, in the case of an Event of Default by Seller occurring
before the Initial Delivery Date, including an Event of Default under Section 7.1(a)(v), or (ii) the
Termination Payment calculated in accordance with Section 7.3 below, in the case of any other
Event of Default by either Party;
(c) to withhold any payments due to the Defaulting Party under this Agreement;
(d) to suspend performance; or
(e) to exercise any other right or remedy available at law or in equity, including
specific performance or injunctive relief, except where an express and exclusive remedy or
measure of damages is provided under this Agreement;
provided, that payment by the Defaulting Party of the Damage Payment or Termination Payment,
as applicable, shall constitute liquidated damages and the Non-Defaulting Party’s sole and
exclusive remedy for any Terminated Transaction and the Event of Default related thereto.
7.3 Termination Payment. The Termination Payment (“Termination Payment”) for
a Terminated Transaction shall be the aggregate of the Settlement Amount plus any or all other
amounts due to or from the Non-Defaulting Party, as of the Early Termination Date, netted into a
single amount. The Non-Defaulting Party shall calculate a Settlement Amount for the Terminated
Transaction as of the Early Termination Date. Third parties supplying information for purposes of
the calculation of Gains or Losses may include, without limitation, dealers in the relevant markets,
end-users of the relevant product, information vendors and other sources of market information.
The Settlement Amount shall not include consequential, incidental, punitive, exemplary, indirect
or business interruption damages. Without prejudice to the Non-Defaulting Party’s duty to
mitigate, the Non-Defaulting Party shall not have to enter into replacement transactions to establish
a Settlement Amount. Each Party agrees and acknowledges that (a) the actual damages that the
Non-Defaulting Party would incur in connection with a Terminated Transaction would be difficult
or impossible to predict with certainty, (b) the Damage Payment or Termination Payment
described in Section 7.2 or this Section 7.3, as applicable, is a reasonable and appropriate
approximation of such damages, and (c) the Damage Payment or Termination Payment described
in Section 7.2 or this Section 7.3, as applicable, is the exclusive remedy of the Non-Defaulting
Party in connection with a Terminated Transaction but shall not otherwise act to limit any of the
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Non-Defaulting Party’s rights or remedies if the Non-Defaulting Party does not elect a Terminated
Transaction as its remedy for an Event of Default by the Defaulting Party.
7.4 Notice of Payment of Termination Payment. As soon as practicable after a
Terminated Transaction, Notice shall be given by the Non-Defaulting Party to the Defaulting Party
of the amount of the Damage Payment or Termination Payment and whether the Termination
Payment is due to or from the Non-Defaulting Party. The Notice shall include a written statement
explaining in reasonable detail the calculation of such amount and the sources for such calculation.
The Termination Payment shall be made to or from the Non-Defaulting Party, as applicable, within
ten (10) Business Days after such Notice is effective.
7.5 Disputes with Respect to Termination Payment. If the Defaulting Party disputes
the Non-Defaulting Party’s calculation of the Termination Payment, in whole or in part, the
Defaulting Party shall, within five (5) Business Days of receipt of the Non-Defaulting Party’s
calculation of the Termination Payment, provide to the Non-Defaulting Party a detailed written
explanation of the basis for such dispute. Disputes regarding the Termination Payment shall be
determined in accordance with Article 19.
7.6 Rights and Remedies Are Cumulative. Except where an express and exclusive
remedy or measure of damages is provided, the rights and remedies of a Party pursuant to this
Article 7 shall be cumulative and in addition to the rights of the Parties otherwise provided in this
Agreement.
ARTICLE 8: FORCE MAJEURE
8.1 Force Majeure.
(a) Effect of Force Majeure. A Party shall not be considered to be in default
in the performance of its obligations to the extent that the failure or delay of its performance is due
to a Force Majeure event, and the non-affected Party shall be excused from its corresponding
performance obligations for the period of the affected Party’s failure or delay of performance. The
burden of proof for establishing the existence and consequences of an event of Force Majeure lies
with the Party initiating the claim.
(b) Notice of Force Majeure. The Party desiring to invoke the Force Majeure
event as a cause for delay in its performance of, or failure to perform, any obligation hereunder,
shall provide prompt Notice to the other Party in the form of a letter identifying the event of Force
Majeure and describing in detail the particulars of the occurrence giving rise to the Force Majeure
event including the expected duration, when known, and the effect of such Force Majeure event.
Failure to provide timely Notice constitutes a waiver of a claim of Force Majeure. Promptly, but
in any event within ten (10) days after a Notice is given pursuant to the preceding sentence, the
Parties shall meet to discuss the basis and terms upon which the arrangements set out in this
Agreement shall be continued taking into account the effects of such event of Force Majeure.
(c) Mitigation of Force Majeure. The suspension of a Party’s performance
under this Agreement due to a claim of Force Majeure shall be of no greater scope and of no longer
duration than is required by the Force Majeure event. A Party suspending performance due to
Force Majeure shall take, or cause to be taken, such action as may be necessary to void, or nullify,
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or otherwise to mitigate, in all material respects, the effects of such event of Force Majeure. The
Parties shall take all reasonable steps to resume normal performance under this Agreement after
the cessation of any Force Majeure event. If Seller cannot meet the Expected Initial Delivery Date
as a result of a Force Majeure event declared by Seller in accordance with this Agreement, then
Seller shall work diligently to resolve the effect of the Force Majeure and provide evidence of its
efforts promptly upon Buyer’s written request.
(d) Force Majeure Failure. Notwithstanding any provision to the contrary,
Buyer shall have the right, but not the obligation, to terminate this Agreement after the occurrence
of the following, each constituting a “Force Majeure Failure”:
(i) if during the Delivery Term:
(A) due to a Force Majeure event, Seller is unable to meet its
obligations under this Agreement (including any failure to deliver Delivered Quantities to Buyer
equal to the Contract Amounts) on more than one hundred eighty (180) days within any three
hundred sixty-five (365) day period; or
(B) the Project is destroyed or rendered inoperable by an event
of Force Majeure; provided that Seller may repair or restore the Project if: (1) Seller provides to
Buyer within the sixty (60) day period following the conclusion of the Force Majeure event a
certificate from a non-affiliated, licensed professional engineer attesting that the Project can be
restored to original operational status within the six (6) month period following the conclusion of
the Force Majeure event; (2) Seller provides Buyer with Notice of Seller’s election to repair or
restore the Project within the sixty (60) day period following the conclusion of the Force Majeure
event; and (3) Seller completes such repair or restoration to original operational status within the
six (6) month period following the conclusion of the Force Majeure event;
(ii) if Seller is unable, due to a Force Majeure event, to achieve the
Initial Delivery Date by one hundred eighty (180) days after the Expected Initial Delivery Date.
(e) Effect of Termination for Force Majeure Failure. If Buyer exercises its
termination right in connection with a Force Majeure Failure under Section 8.1(d), then this
Agreement shall terminate without further liability of either Party to the other, effective upon the
date set forth in Buyer’s Notice of termination, subject to each Party’s satisfaction of all of the
final payment and survival obligations set forth in Section 21.3.
ARTICLE 9: INVOICING AND PAYMENT
9.1 Invoicing. Seller shall make good faith efforts to deliver an invoice, in arrears, to
Buyer no sooner than ten (10) Business Days after the end of each Showing Month of the Delivery
Term for all amounts due from Buyer to Seller under this Agreement, including, as applicable: (a)
the Monthly Payment, and (b) other compensatory adjustments required by this Agreement,
including adjustments for Taxes. Each invoice shall (i) contain data sufficient to document and
verify all amounts included therein, including any relevant records, invoices, or settlement data
from CAISO, necessary to verify the accuracy of any amount and (ii) be in a format specified by
Buyer.
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9.2 Payment. Buyer shall make payment to Seller by wire transfer or ACH payment
to the bank account provided on each monthly invoice. Buyer shall pay undisputed invoice
amounts by the twenty-third (23rd) day of the month following the month in which the invoice
was provided by Seller. If such due date falls on a weekend or legal holiday, such due date shall
be the next Business Day. Any undisputed portion of the invoice amount paid after the due date
will be considered late and will bear interest on the unpaid balance. If the amount due is not paid
on or before the due date or if any other payment that is due and owing from one Party to another
is not paid on or before its applicable due date, a late payment charge shall be applied to the unpaid
balance and shall be added to the next billing statement. Such late payment charge shall be
calculated based on an annual interest rate equal to the three-month LIBOR, plus two percent (2%)
(the “Interest Rate”). If the due date occurs on a day that is not a Business Day, the late payment
charge shall begin to accrue on the next succeeding Business Day.
9.3 Payment Adjustments; Billing Errors. Payment adjustments shall be made if
Buyer or Seller discovers there have been good faith inaccuracies in invoicing that are not
otherwise disputed under Section 9.4 or an adjustment to an amount previously invoiced or paid
is required due to a correction of data by CAISO. If the required adjustment is in favor of Buyer,
Buyer’s next monthly payment shall be credited in an amount equal to the adjustment. If the
required adjustment is in favor of Seller, Seller shall add the adjustment amount to Buyer’s next
monthly invoice. Adjustments in favor of either Buyer or Seller shall bear interest at the Interest
Rate, until settled in full, in accordance with Section 9.2, accruing from the date on which the
adjusted amount should have been due.
9.4 Billing Disputes. A Party may, in good faith, dispute the correctness of any invoice
or any adjustment to an invoice rendered under this Agreement or adjust any invoice for any
arithmetic or computational error within twelve (12) months of the date of the invoice, or
adjustment to an invoice, was rendered. In the event an invoice or portion thereof, or any other
claim or adjustment arising hereunder, is disputed, payment of the undisputed portion of the
invoice shall be required to be made when due. Any invoice dispute or invoice adjustment shall
be in writing and shall state the basis for the dispute or adjustment. Payment of the disputed
amount shall not be required until the dispute is resolved. Upon resolution of the dispute, any
required payment shall be made within five (5) Business Days of such resolution along with
interest accrued at the Interest Rate from and including the original due date to but excluding the
date paid. Inadvertent overpayments shall be returned via adjustments in accordance with Section
9.3. Any dispute with respect to an invoice is waived if the other Party is not notified in accordance
with this Section 9.4 within twelve (12) months after the invoice is rendered or subsequently
adjusted, except to the extent any misinformation was from a third party not affiliated with any
Party and such third party corrects its information after the twelve (12) month period. If an invoice
is not rendered within twelve (12) months after the close of the month during which performance
occurred, the right to payment for such performance is waived.
9.5 Netting of Payments. The Parties hereby agree that they shall discharge mutual
undisputed debts and payment obligations due and owing to each other on the same date through
netting, in which case all amounts owed by each Party to the other Party for the purchase and sale
of Product during the monthly billing period under this Agreement or otherwise arising out of this
Agreement, including any related damages, interest, and payments or credits, shall be netted so
that only the excess amount remaining due shall be paid by the Party who owes it.
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ARTICLE 10: PERFORMANCE ASSURANCE
10.1 Seller’s Development Security. To secure its obligations under this Agreement,
Seller shall deliver the Development Security to Buyer within thirty (30) days of the Effective
Date. Seller shall maintain the Development Security in full force and effect and Seller shall within
five (5) Business Days after any draw thereon replenish the Development Security in the event
Buyer collects or draws down any portion of the Development Security for any reason permitted
under this Agreement other than to satisfy a Termination Payment. Upon the earlier of (a) Seller’s
delivery of the Delivery Term Security, or (b) sixty (60) days after termination of this Agreement,
Buyer shall return the Development Security to Seller, less the amounts drawn in accordance with
this Agreement. If the Development Security is a Letter of Credit and the issuer of such Letter of
Credit (i) fails to maintain the minimum Credit Rating specified in the definition of Letter of
Credit, (ii) indicates its intent not to renew such Letter of Credit and such Letter of Credit expires
prior to the Expected Initial Delivery Date, or (iii) fails to honor Buyer’s properly documented
request to draw on such Letter of Credit by such issuer, Seller shall have ten (10) Business Days
to either post cash or deliver a substitute Letter of Credit that meets the requirements set forth in
the definition of Development Security.
10.2 Seller’s Delivery Term Security. To secure its obligations under this Agreement,
Seller shall deliver Delivery Term Security to Buyer on or before the Initial Delivery Date. Seller
shall maintain the Delivery Term Security in full force and effect, and shall within five (5) Business
Days after any draws made by Buyer in accordance with this Agreement (other than to satisfy a
Termination Payment) replenish the Delivery Term Security (except in the case of a Guaranty, as
to which there is no obligation of Seller to replenish), until the following have occurred: (a) the
Delivery Term has expired or terminated early; and (b) all payment obligations of Seller then due
and payable under this Agreement, including compensation for penalties, Termination Payment,
indemnification payments or other damages are paid in full (whether directly or indirectly such as
through set-off or netting). Following the occurrence of both events, Buyer shall promptly return
to Seller the unused portion of the Delivery Term Security. If the Delivery Term Security is a
Letter of Credit and the issuer of such Letter of Credit (i) fails to maintain the minimum Credit
Rating set forth in the definition of Letter of Credit, (ii) indicates its intent not to renew such Letter
of Credit and such Letter of Credit expires prior to the end of the Delivery Term, or (iii) fails to
honor Buyer’s properly documented request to draw on such Letter of Credit by such issuer, Seller
shall have ten (10) Business Days to deliver substitute Delivery Term Security that meets the
requirements set forth in the definition of Delivery Term Security. If the Delivery Term Security
is a Guaranty and the Guarantor (i) fails to maintain the minimum Credit Rating set forth in the
definition of “Guarantor,” (ii) becomes Bankrupt, or (iii) fails to honor Buyer’s properly demanded
payment in accordance with the terms of the Guaranty, Seller shall have ten (10) Business Days to
deliver substitute Delivery Term Security that meets the requirements set forth in the definition of
Delivery Term Security.
10.3 First Priority Security Interest in Cash or Cash Equivalent Collateral.
(a) To secure its obligations under this Agreement, and until released as
provided herein, Seller hereby grants to Buyer a present and continuing first-priority security
interest (“Security Interest”) in, and lien on (and right to net against), and assignment of the
Development Security, Delivery Term Security, any other cash collateral and cash equivalent
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collateral posted pursuant to Sections 10.1 and 10.2 and any and all interest thereon or proceeds
resulting therefrom or from the liquidation thereof, whether now or hereafter held by, on behalf
of, or for the benefit of Buyer, and Seller agrees to take all action as Buyer reasonably requires in
order to perfect Buyer’s Security Interest in, and lien on (and right to net against), such collateral
and any and all proceeds resulting therefrom or from the liquidation thereof. Upon or any time
after the occurrence of a Seller’s Event of Default or a Party’s Event of Default on the part of
Seller, an Early Termination Date resulting from a Seller’s Event of Default or a Party’s Event of
Default on the part of Seller, or an occasion provided for in this Agreement where Buyer is
authorized to retain all or a portion of the Development Security or Delivery Term Security, Buyer
may do any one or more of the following (in each case subject to the final sentence of this Section
10.3):
(i) Exercise any of its rights and remedies with respect to the
Development Security and Delivery Term Security, including any such rights and remedies under
Law then in effect;
(ii) Draw on any outstanding Letter of Credit issued for its benefit and
retain any cash held by Buyer as Development Security or Delivery Term Security; and
(iii) Liquidate all Development Security or Delivery Term Security (as
applicable) then held by or for the benefit of Buyer free from any claim or right of any nature
whatsoever of Seller, including any equity or right of purchase or redemption by Seller.
(b) Buyer shall apply the proceeds of the collateral realized upon the exercise
of any such rights or remedies to reduce Seller’s obligations under this Agreement (Seller remains
liable for any amounts owing to Buyer after such application), subject to Buyer’s obligation to
return any surplus proceeds remaining after these obligations are satisfied in full.
10.4 Seller Financial Information. If requested by Buyer, Seller shall deliver to Buyer
(a) within one hundred twenty (120) days following the end of each fiscal year, a copy of Seller’s
annual report containing unaudited consolidated financial statements for such fiscal year, if
available, (or audited consolidated financial statements for such fiscal year, if otherwise available)
and (b) within sixty (60) days after the end of each of its first three fiscal quarters of each fiscal
year, a copy of such Seller’s quarterly report containing unaudited consolidated financial
statements for such fiscal quarter, if available. In all cases the statements shall be for the most
recent accounting period and shall be prepared in accordance with Generally Accepted Accounting
Principles. This information shall be deemed to be Confidential Information for purposes of this
Agreement.
10.5 Buyer Credit Support.
(a) To secure Buyer’s obligations under this Agreement, Seller shall have the
right to execute a Joinder, which shall allow Seller to become a “PPA Provider” and “Secured
Creditor” for all purposes under the Lockbox Arrangement Documents for so long as Member is
subject to the Security Agreement and the Lockbox Account Control Agreement (or any successor
arrangement generally available to Member’s creditors and permitted under Section 10.5(b)(iii))
(the current arrangement under the Lockbox Arrangement Documents and any successor
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arrangement thereto generally available to Buyer’s creditors is the “Member Lockbox
Arrangement”); provided, however, that if Member provides Member Performance Security, then
so long as Buyer (or Member, as applicable) is not in default under this Agreement or any of the
Lockbox Arrangement Documents, Buyer may, at the direction of its Member’s City Council,
request the dissolution of the Member Lockbox Arrangement and Seller hereby agrees that (x) its
security interest under the Member Lockbox Arrangement shall terminate, without further action,
effective upon the termination of the security interests of all other PPA Providers under the
Member Lockbox Arrangement and (y) if requested by Buyer or Member, Seller would promptly
execute a written termination statement confirming such termination in accordance with the
Lockbox Arrangement Documents.
(b) Under the Member Lockbox Arrangement:
(i) Buyer shall cause Member to provide notice to Seller of the
termination of all security interests under the Security Agreement or the termination of any other
Lockbox Arrangement Document.
(ii) Buyer further agrees it will cause Member to not grant any
additional security interests or permit any party to have payment or enforcement rights (i) under
the Security Agreement on terms more favorable than those currently offered to Seller, or (ii) under
any arrangement similar to the Security Agreement that is generally available to Member’s
creditors unless Seller is offered the right to participate in such arrangement on terms no less
favorable than those offered to the other participants.
(iii) In addition, so long as Buyer (or Member, as applicable) is not in
default under this Agreement and Member is not in default under any of the Lockbox Arrangement
Documents, Buyer may request the dissolution of the current Member Lockbox Arrangement in
order to permit Member to enter into a substantially similar successor Member Lockbox
Arrangement and, provided that Seller is allowed to become a PPA Provider (or its equivalent)
and Secured Creditor (or its equivalent) under the successor Member Lockbox Arrangement, Seller
hereby agrees that (x) its security interest under the Security Agreement shall terminate, without
further action, effective upon the termination of the security interests of all other PPA Providers
under the Security Agreement and the grant and perfection of a security interest under the
successor Member Lockbox Arrangement, and (y) if requested by Buyer, Seller would promptly
execute a written termination statement confirming such termination in accordance with Section
7.12 of the Security Agreement.
(c) If Buyer causes Member to provide Member Performance Security, then
Buyer shall maintain, or cause Member to maintain, the Member Performance Security in full
force and effect until the following have occurred: (i) the Delivery Term has expired or terminated
early; and (ii) all payment obligations of Buyer arising under this Agreement, including
compensation for penalties, Termination Payment, indemnification payments or other damages are
paid in full (whether directly or indirectly such as through set-off or netting). Following the
occurrence of both events, Seller shall promptly return to Buyer the unused portion of the Member
Performance Security. If the Member Performance Security is a Letter of Credit and the issuer of
such Letter of Credit (i) fails to maintain the minimum Credit Rating set forth in the definition of
Letter of Credit, (ii) indicates its intent not to renew such Letter of Credit and such Letter of Credit
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expires prior to the time that Seller is required to return the Member Performance Security, or (iii)
fails to honor Seller’s properly documented request to draw on such Letter of Credit by such issuer,
Buyer shall have five (5) Business Days to either post, or cause Member to post, cash or deliver,
or cause Member to deliver, a substitute Letter of Credit that meets the requirements set forth in
this Agreement.
ARTICLE 11: SAFETY
11.1 Safety.
(a) Seller shall, and shall cause any Affiliates performing any design,
construction, operation or maintenance of the Project and Contractors to, design, construct,
operate, and maintain the Project and conduct all Work or cause all Work to be conducted in
accordance with the Safety Requirements. Seller shall, and shall cause its Affiliates and
Contractors to, take all actions to comply with the Safety Requirements.
(b) Prior to Seller’s execution of a Contractor’s contract solely with respect to
the operation and maintenance of the Project after the Initial Delivery Date (i) with a value of
$500,000 or more (calculated on an aggregated basis with any other contract with such Contractor)
or (ii) relating to any element of the Work that involves significant safety considerations, Seller
shall demonstrate to Buyer’s reasonable satisfaction that the Contractor has the qualifications,
experience, and safety record to operate and maintain the Project, as applicable; provided that
Seller has pre-approved the Contractors set forth in Appendix IX. During the period that a
Contractor is conducting Work, Seller shall cause the Contractor to meet and comply with the
Safety Requirements.
(c) Seller shall document a Project Safety Plan and incorporate the Project
Safety Plan’s features into the design, development, construction, operation, and maintenance of
the Project. Seller shall submit for Buyer’s review a Project Safety Plan, in a format reasonably
acceptable to Buyer, which must demonstrate (A) Seller’s plans to comply with the Safety
Requirements and (B) Seller’s consideration of the Project Safety Plan items in Part Two (Project
Design and Description) of Appendix VI. Upon Notice to Buyer, Seller may deviate from any
specific procedures identified in the Project Safety Plan while designing, developing, constructing,
operating, or maintaining the Project, if in Seller’s judgment, the deviation is necessary to design,
develop, construct, operate, or maintain the Project safely or in accordance with the Safety
Requirements.
(d) Throughout the Delivery Term, Seller shall update the Safeguards and the
Project Safety Plan as required by Safety Requirements or as necessitated by a Safety Remediation
Plan. Seller shall provide such updated Project Safety Plan to Buyer within thirty (30) days of any
such updates. Throughout the Delivery Term, Buyer shall have the right to request Seller to
provide its Project Safety Plan, or portions thereof, and demonstrate its compliance with the Safety
Requirements within thirty (30) days of Buyer’s Notice.
(e) Seller shall remove any Contractor that engages in repeated, material
violations of the Project Safety Plan or Safety Requirements, unless doing so would present an
ongoing material adverse effect to the operation of the Project.
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11.2 Reporting Serious Incidents. Seller shall provide Notice of a Serious Incident to
Buyer within five (5) Business Days of occurrence. The Notice of Serious Incident must include
the time, date, and location of the incident, the Contractor involved in the incident (as applicable),
the circumstances surrounding the incident, the immediate response and recovery actions taken,
and a description of any impacts of the Serious Incident. Seller shall cooperate and provide
reasonable assistance, and cause each of its Contractors to cooperate and provide reasonable
assistance, to Buyer with any investigations and inquiries by Governmental Authorities that arise
as a result of the Serious Incident.
11.3 Remediation.
(a) Seller shall resolve any Remediation Event within the Remediation Period.
Within ten (10) days of the date of the first occurrence of any Remediation Event, Seller shall
provide a Safety Remediation Plan to Buyer for Buyer’s review.
(b) Seller shall cooperate, and cause each of its Contractors to cooperate, with
Buyer in order for Seller to provide any report relating to a Remediation Event, in a form and level
of detail that is acceptable to Buyer which incorporates information, analysis, investigations or
documentation, as applicable or as requested by Buyer.
ARTICLE 12: TAXES
12.1 Taxes. Seller shall pay or cause to be paid all Taxes (a) on or with respect to the
Project and (b) on or with respect to the sale and making available of Product to Buyer that are
imposed on Product prior to its delivery to Buyer at the time and place contemplated under this
Agreement. Buyer shall pay or cause to be paid all Taxes on or with respect to the delivery to and
purchase by Buyer of Product that are imposed on Product at and after its delivery to Buyer at the
time and place contemplated under this Agreement (other than withholding or other Taxes imposed
on Seller’s income, revenue, receipts or employees), if any. If a Party is required to remit or pay
Taxes that are the other Party’s responsibility hereunder, such Party shall promptly pay the Taxes
due and then seek and receive reimbursement from the other for such Taxes. In the event any sale
of Product hereunder is exempt from or not subject to any particular Tax, Buyer shall provide
Seller with all necessary documentation within thirty (30) days after the Effective Date to evidence
such exemption or exclusion. If Buyer does not provide such documentation, then Buyer shall
indemnify, defend, and hold Seller harmless from any liability with respect to Taxes from which
Buyer claims it is exempt.
12.2 Cooperation. Each Party shall use reasonable efforts to implement the provisions
of and administer this Agreement in accordance with the intent of the Parties to minimize all Taxes,
so long as no Party is materially adversely affected by such efforts. The Parties shall cooperate to
minimize Tax exposure; provided, however, that neither Party shall be obligated to incur any
financial or operational burden to reduce Taxes for which the other Party is responsible hereunder
without receiving due compensation therefor from the other Party.
ARTICLE 13: LIMITATIONS
13.1 No Consequential Damages. EXCEPT TO THE EXTENT PART OF AN
EXPRESS REMEDY OR MEASURE OF DAMAGES HEREIN, OR PART OF AN ARTICLE
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15 INDEMNITY CLAIM, OR INCLUDED IN A LIQUIDATED DAMAGES CALCULATION,
OR ARISING FROM FRAUD OR INTENTIONAL MISREPRESENTATION, NEITHER
PARTY SHALL BE LIABLE TO THE OTHER OR ITS INDEMNIFIED PERSONS FOR ANY
SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR
LOSSES OR DAMAGES FOR LOST REVENUE OR LOST PROFITS, WHETHER
FORESEEABLE OR NOT, ARISING OUT OF, OR IN CONNECTION WITH THIS
AGREEMENT.
13.2 Waiver and Exclusion of Other Damages.
(a) EXCEPT AS EXPRESSLY SET FORTH HEREIN, THERE IS NO
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. THE PARTIES
CONFIRM THAT THE EXPRESS REMEDIES AND MEASURES OF DAMAGES PROVIDED
IN THIS AGREEMENT SATISFY THE ESSENTIAL PURPOSES HEREOF. ALL
LIMITATIONS OF LIABILITY CONTAINED IN THIS AGREEMENT, INCLUDING,
WITHOUT LIMITATION, THOSE PERTAINING TO SELLER’S LIMITATION OF
LIABILITY AND THE PARTIES’ WAIVER OF CONSEQUENTIAL DAMAGES, SHALL
APPLY EVEN IF THE REMEDIES FOR BREACH OF WARRANTY PROVIDED IN THIS
AGREEMENT ARE DEEMED TO “FAIL OF THEIR ESSENTIAL PURPOSE” OR ARE
OTHERWISE HELD TO BE INVALID OR UNENFORCEABLE.
(b) FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS AND
EXCLUSIVE REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS
REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE
REMEDY, THE OBLIGOR’S LIABILITY SHALL BE LIMITED AS SET FORTH IN SUCH
PROVISION, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE
WAIVED.
(c) TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID
HEREUNDER ARE LIQUIDATED, INCLUDING UNDER SECTIONS 4.1(c), 7.1(a)(iv), 7.2
AND 7.3, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR
IMPOSSIBLE TO DETERMINE, THAT OTHERWISE OBTAINING AN ADEQUATE
REMEDY IS INCONVENIENT, AND THAT THE LIQUIDATED DAMAGES CONSTITUTE
A REASONABLE APPROXIMATION OF THE ANTICIPATED HARM OR LOSS. IT IS THE
INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES
AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR
CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY,
WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR
PASSIVE. THE PARTIES HEREBY WAIVE ANY RIGHT TO CONTEST SUCH PAYMENTS
AS AN UNREASONABLE PENALTY.
(d) THE PARTIES ACKNOWLEDGE AND AGREE THAT MONEY
DAMAGES AND THE EXPRESS REMEDIES PROVIDED FOR HEREIN ARE AN
ADEQUATE REMEDY FOR THE BREACH BY THE OTHER OF THE TERMS OF THIS
AGREEMENT, AND EACH PARTY WAIVES ANY RIGHT IT MAY HAVE TO SPECIFIC
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PERFORMANCE WITH RESPECT TO ANY OBLIGATION OF THE OTHER PARTY
UNDER THIS AGREEMENT.
ARTICLE 14: REPRESENTATIONS; WARRANTIES; COVENANTS
14.1 Seller’s Representations and Warranties. As of the Effective Date, Seller
represents and warrants as follows:
(a) Seller is a limited liability company, duly organized, validly existing and in
good standing under the laws of the State of California, and is qualified to conduct business in the
State of California and each jurisdiction where the failure to so qualify would have a material
adverse effect on the business or financial condition of Seller.
(b) Seller has the power and authority to enter into and perform this Agreement
and is not prohibited from entering into this Agreement or discharging and performing all
covenants and obligations on its part to be performed under and pursuant to this Agreement. The
execution, delivery and performance of this Agreement by Seller has been duly authorized by all
necessary action on the part of Seller (evidence of such due authorization Seller shall provide to
Buyer if requested) and does not and will not require the consent of any trustee or holder of any
indebtedness or other obligation of Seller or any other party to any other agreement with Seller.
(c) The execution and delivery of this Agreement, consummation of the
transactions contemplated herein, and fulfillment of and compliance by Seller with the provisions
of this Agreement will not conflict with or constitute a breach of or a default under any Law
presently in effect having applicability to Seller, subject to any permits that have not yet been
obtained by Seller, the documents of formation of Seller or any outstanding trust indenture, deed
of trust, mortgage, loan agreement or other evidence of indebtedness or any other agreement or
instrument to which Seller is a party or by which any of its property is bound.
(d) This Agreement has been duly executed and delivered by Seller. This
Agreement is a legal, valid and binding obligation of Seller enforceable in accordance with its
terms, except as limited by laws of general applicability limiting the enforcement of creditors’
rights or by the exercise of judicial discretion in accordance with general principles of equity.
(e) The Project is located in the State of California.
(f) Seller will be responsible for obtaining all permits necessary to construct
and operate the Project and Seller will be the applicant on any CEQA documents.
(g) Seller is familiar with conflict of interest Laws, including the California
Political Reform Act, and Buyer’s board policies governing conflicts of interest; Seller is in
compliance with such Laws and board policies and does not know of any facts that would violate
such Laws and board policies; Seller and its officers and agents have not, directly or indirectly,
offered, paid, promised, or authorized the giving of money or anything of value to any employee,
director, officer of Buyer or governmental official in Riverside County, California or Los Angeles
County, California for the purpose of influencing any act or decision of such employee, director,
officer or government official in her official capacity; no officer or agent of Seller (i) is a
government official in Riverside County, California or Los Angeles County, California or a family
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member of a government official in Riverside County, California or Los Angeles County,
California or (ii) has a personal, business, or other relationship or association with any government
official in Riverside County, California or Los Angeles County, California, or family member
thereof, who may have responsibility for or oversight of any activities of Buyer; Seller does not
employ any government official in Riverside County, California or Los Angeles County,
California, or family member thereof.
14.2 Buyer’s Representations and Warranties. As of the Effective Date, Buyer
represents and warrants as follows:
(a) Buyer is a joint powers authority and a validly existing community choice
aggregator, duly organized, validly existing and in good standing under the laws of the State of
California and the rules, regulations and orders of the CPUC, and is qualified to conduct business
in each jurisdiction of the Joint Powers Agreement members. All Persons making up the governing
body of Buyer are the elected or appointed incumbents in their positions and hold their positions
in good standing in accordance with the Joint Powers Agreement and other Law.
(b) Buyer has the power and authority to enter into and perform this Agreement
and is not prohibited from entering into this Agreement or discharging and performing all
covenants and obligations on its part to be performed under and pursuant to this Agreement, except
where such failure does not have a material adverse effect on Buyer’s performance under this
Agreement. The execution, delivery and performance of this Agreement by Buyer has been duly
authorized by all necessary action on the part of Buyer and does not and will not require the consent
of any trustee or holder of any indebtedness or other obligation of Buyer or any other party to any
other agreement with Buyer.
(c) The execution and delivery of this Agreement, consummation of the
transactions contemplated herein, and fulfillment of and compliance by Buyer with the provisions
of this Agreement will not conflict with or constitute a breach of or a default under any Law
presently in effect having applicability to Buyer, the documents of formation of Buyer or any
outstanding trust indenture, deed of trust, mortgage, loan agreement or other evidence of
indebtedness or any other agreement or instrument to which Buyer is a party or by which any of
its property is bound.
(d) This Agreement has been duly executed and delivered by Buyer. This
Agreement is a legal, valid and binding obligation of Buyer enforceable in accordance with its
terms, except as limited by laws of general applicability limiting the enforcement of creditors’
rights or by the exercise of judicial discretion in accordance with general principles of equity.
(e) Buyer warrants and covenants that with respect to its contractual obligations
under this Agreement, it will not claim immunity on the grounds of sovereignty or similar grounds
with respect to itself or its revenues or assets from (i) suit, (ii) jurisdiction of court (provided that
such court is located within a venue permitted in law and under this Agreement), (iii) relief by way
of injunction, order for specific performance or recovery of property, (iv) attachment of assets, or
(v) execution or enforcement of any judgment; provided, however that nothing in this Agreement
shall waive the obligations or rights set forth in the California Tort Claims Act (Government Code
Section 810 et seq.).
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(f) Buyer is a “local public entity” as defined in Section 900.4 of the
Government Code of the State of California.
14.3 General Covenants. Each Party covenants that commencing on the Effective Date
and continuing throughout the Term it shall continue to be duly organized, validly existing and in
good standing under the laws of the jurisdiction of its formation and to be qualified to conduct
business in the State of California and each jurisdiction where the failure to so qualify would have
a material adverse effect on its business or financial condition.
14.4 Covenants of Seller. Seller covenants to and for the benefit of Buyer that
throughout the Delivery Term (unless another time period is specified):
(a) Seller will (i) acquire and maintain all Governmental Approvals necessary
for the construction, operation, and maintenance of the Project consistent with Safety
Requirements, including any approvals required from the City of Santa Paula under the CEQA,
(ii) Notify Buyer of any material modifications or lapse in renewal of Governmental Approvals,
and (iii) at Buyer’s request, provide to Buyer digital copies of any Governmental Approvals.
(b) Seller will use reasonable efforts to ensure that all employees hired by
Seller, and its Contractors, that will perform construction work or provide services at the Site
related to construction of the Project are paid wages at rates not less than those prevailing for
workers performing similar work in the locality as provided by applicable California Law, if
any. Nothing herein shall require Seller or its Contractors to comply with, or assume liability
created by other inapplicable provisions of any California labor Laws. Buyer agrees that Seller’s
obligations under this Section 14.4(b) will be satisfied upon the execution of a project labor
agreement related to construction of the Project.
(c) Seller shall perform the obligations related to workforce development and
community investment set forth in Appendix XII.
(d) Seller will deliver the Product to Buyer free and clear of all liens, security
interests, claims and encumbrances or any interest therein or thereto by any Person.
(e) Seller will take no action or permit any Person (other than Buyer) to take
any action that would impair in any way Buyer’s ability to rely on the Project in order to satisfy
its Compliance Obligations.
(f) Seller shall not transfer or assign the right to claim the Contract Amounts
as an incremental resource for purposes of CPUC D.21-06-035 to any Person other than Buyer.
(g) Seller shall operate the Project during the Delivery Term in accordance with
Appendices I and II and Safety Requirements.
(h) Seller shall comply with all Utility Distribution Company, Participating
Transmission Owner, and CAISO Tariff requirements applicable to energy storage facilities.
(i) Seller shall follow all the rules set forth in Appendix A of the MUA
Decision.
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ARTICLE 15: INDEMNITIES
15.1 Indemnity by Seller.
(a) Seller shall defend, indemnify and hold harmless Buyer, its directors,
officers, agents, attorneys, employees, and representatives (“Buyer Group”) from and against all
third party claims, demands, losses, liabilities, penalties, and expenses, including reasonable
attorneys’ and expert witness fees, however described (collectively, “Claims”), which arise out of
or relate to or are in any way connected with (i) Seller’s delivery of the Product to Buyer, (ii)
Seller’s ownership, development, construction, operation or maintenance of the Project, including
the Site(s); (iii) Seller’s actions or inactions, including Seller’s breach of this Agreement or other
agreements related to the development, construction, ownership, operation or maintenance of the
Project or Site (including any Claims relating to a Shortfall); (iv) any environmental matters
associated with the Project, including the disposal and transportation of Hazardous Substances by
or on behalf of the Seller or at the Seller’s direction or agreement; (v) any agreement between
Seller or its Affiliates and a third party; or (vi) Seller’s violation of any applicable Law,
Requirements, or other requirements of Transmission Provider, Utility Distribution Company,
NERC, WECC or Reliability Organization; in each case including any loss, claim, action or suit,
for or on account of injury to, bodily or otherwise, or death of, persons, or for damage to or
destruction or economic loss of property belonging to Buyer, Seller, excepting only such losses,
to the extent solely caused by the willful misconduct or gross negligence of a member of the Buyer
Group (collectively, “Indemnifiable Losses”).
(b) Seller shall defend, indemnify and hold harmless the Buyer Group harmless
from and against all Claims incurred by or brought against Buyer in connection with
Environmental Costs.
15.2 Notice of Claim.
(a) Notice of Claim. Subject to the terms of this Agreement and upon
obtaining knowledge of an Indemnifiable Loss for which it is entitled to indemnity under this
Article 15, Buyer will promptly Notify Seller in writing of any Claim which Buyer has determined
has given or could give rise to an Indemnifiable Loss under Section 15.1. The Notice is referred
to as a “Notice of Claim.” A Notice of Claim will specify, in reasonable detail, the facts known
to Buyer regarding the Indemnifiable Loss.
(b) Failure to Provide Notice. A failure to give timely Notice or to include
any specified information in any Notice as provided in this Section 15.2 will not affect the rights
or obligations of any Party hereunder except and only to the extent that, as a result of such failure,
any Party which was entitled to receive such Notice was deprived of its right to recover any
payment under its applicable insurance coverage or was otherwise materially damaged as a direct
result of such failure and, provided further, Seller is not obligated to indemnify Buyer for the
increased amount of any Indemnifiable Loss which would otherwise have been payable to the
extent that the increase resulted from the failure to deliver timely a Notice of Claim.
15.3 Defense of Claims. If, within ten (10) days after giving a Notice of Claim
regarding a Claim to Seller pursuant to Section 15.2(b), Buyer receives Notice from Seller that
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Seller has elected to assume the defense of such Claim as provided in the last sentence of Section
15.2(b), Seller will not be liable for any legal expenses subsequently incurred by Buyer in
connection with the defense thereof; provided, however, that if Seller fails to take reasonable steps
necessary to defend diligently such Claim within ten (10) days after receiving Notice from Buyer
that Buyer believes Seller has failed to take such steps, or if Seller has not undertaken fully to
indemnify Buyer in respect of all Indemnifiable Losses relating to the matter, Buyer may assume
its own defense, and Seller will be liable for all costs or expenses, including attorneys’ fees, paid
or incurred in connection therewith. Without the prior written consent of Buyer, Seller will not
enter into any settlement of any Claim which would lead to liability or create any financial or other
obligation on the part of Buyer for which Buyer is not entitled to indemnification hereunder;
provided, however, that Seller may accept any settlement without the consent of Buyer if such
settlement provides a full release to Buyer and no requirement that Buyer acknowledge fault or
culpability. If a firm offer is made to settle a Claim without leading to liability or the creation of
a financial or other obligation on the part of Buyer for which Buyer is not entitled to
indemnification hereunder and Seller desires to accept and agrees to such offer, Seller will give
Notice to Buyer to that effect. If Buyer fails to consent to such firm offer within ten (10) days
after its receipt of such Notice, Buyer may continue to contest or defend such Claim and, in such
event, the maximum liability of Seller to such Claim will be the amount of such settlement offer,
plus reasonable costs and expenses paid or incurred by Buyer up to the date of such Notice.
15.4 Subrogation of Rights. Upon making any indemnity payment, Seller will, to the
extent of such indemnity payment, be subrogated to all rights of the Buyer against any third party
in respect of the Indemnifiable Loss to which the indemnity payment relates; provided that (a)
Seller is in compliance with its obligations under this Agreement in respect of such Indemnifiable
Loss, and (b) until Buyer recovers full payment of its Indemnifiable Loss, any and all claims of
the Seller against any such third party on account of said indemnity payment are hereby made
expressly subordinated and subjected in right of payment to Buyer’s rights against such third party.
Without limiting the generality or effect of any other provision hereof, Buyer and Seller shall
execute upon request all instruments reasonably necessary to evidence and perfect the above-
described subrogation and subordination rights.
15.5 Rights and Remedies are Cumulative. The rights and remedies of a Party
pursuant to this Article 15 are cumulative and in addition to the rights of the Parties otherwise
provided in this Agreement, except with respect to any expressly exclusive remedies herein.
ARTICLE 16: INSURANCE
16.1 Insurance. Throughout the Term, Seller shall procure and maintain the following
insurance coverage and require and cause its Contractors to maintain the same levels of coverage.
For the avoidance of doubt, the obligations of Seller in this Section 16.1 constitute a material
obligation of this Agreement.
(a) Workers’ Compensation and Employers’ Liability.
(i) If it has employees, workers’ compensation insurance indicating
compliance with any applicable labor codes, acts, Laws or statutes, California state or federal,
where Seller performs Work.
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(ii) Employers’ liability insurance will not be less than one million
dollars ($1,000,000.00) for injury or death occurring as a result of each accident. With regard to
bodily injury by disease, the one million dollar ($1,000,000) policy limit will apply to each
employee.
(b) Commercial General Liability.
(i) Commercial general liability insurance, including products and
completed operations and personal injury insurance, in a minimum amount of two million dollars
($2,000,000) per occurrence, and an annual aggregate of not less than five million dollars
($5,000,000), endorsed to provide contractual liability in said amount, specifically covering
Seller’s obligations under this Agreement and including Buyer as an additional named insured.
(ii) An umbrella insurance policy in a minimum limit of liability of ten
million dollars ($10,000,000).
(iii) Defense costs shall be provided as an additional benefit and not
included within the limits of liability. Such insurance shall contain standard cross-liability and
severability of interest provisions.
(c) Business Auto.
(i) Business auto insurance for bodily injury and property damage with
limits of one million dollars ($1,000,000) per occurrence.
(ii) Such insurance shall cover liability arising out of Seller’s use of all
owned (if any), non-owned and hired vehicles, including trailers or semi-trailers in the
performance of this Agreement.
(d) Construction All-Risk Insurance. During the construction of the Project
prior to the Commercial Operation Date, construction all-risk form property insurance covering
the Project during such construction periods, and naming Seller (and Lender if any) as the loss
payee.
(e) Contractor’s Pollution Liability.
(i) If the scope of Work involves areas of known pollutants or
contaminants, pollution liability coverage will be required to cover bodily injury, property damage,
including clean-up costs and defense costs resulting from sudden, and accidental conditions,
including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis,
toxic chemicals, hydrocarbons, liquids or gases, waste materials or other irritants, contaminants or
pollutants into or upon land, the atmosphere or any water course or body of water shall be
maintained.
(ii) The limit will be at least two million dollars ($2,000,000.00) each
occurrence for bodily injury and property damage.
(iii) The policy will endorse Buyer as additional insured.
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16.2 Evidence of Insurance. Within ten (10) days after the Effective Date and upon
annual renewal thereafter, Seller shall deliver to Buyer certificates of insurance evidencing the
coverage required under this Agreement. These certificates shall specify that Buyer shall be given
at least thirty (30) days prior Notice by Seller in the event of any material modification, reduction,
cancellation or termination of coverage. Such insurance shall be primary coverage without right
of contribution from any insurance of Buyer.
16.3 Failure to Comply. If Seller fails to comply with any of the provisions of this
Article 16, Buyer may, but is not obligated, to purchase the insurance coverage required under
Section 16.1 and set off the cost thereof from any amounts owed by Buyer to Seller under this
Agreement.
ARTICLE 17: RECORDS AND AUDIT RIGHTS
17.1 Operations Logs. Seller shall maintain a complete and accurate log of all material
operations on a daily basis. Such log will include, but not be limited to, information on charging,
discharging, availability, maintenance performed, outages, electrical characteristics of the energy
storage systems and similar information relating to the availability, testing and operation of the
Project. Seller shall provide this information electronically to Buyer on a monthly basis. At the
request of Buyer, the CPUC, or the staff of the CPUC, Seller shall provide all records
demonstrating that the Project is operated and maintained in accordance with Requirements.
17.2 Records and Audit.
(a) Seller shall provide access to such financial records and personnel required
by Buyer in order to facilitate Buyer’s compliance with applicable Law and Generally Accepted
Accounting Principles.
(b) To facilitate payment and verification, each Party shall maintain all books
and records necessary for billing and payments, including copies of all invoices under this
Agreement, for a period of at least five (5) years or as otherwise required by Law. Seller will make
all records available to Buyer at its principal place of business during normal working hours.
17.3 General Audit Right. Buyer has the right during normal working hours, and after
reasonable Notice, to examine Seller’s records to the extent reasonably necessary to verify (a)
Seller’s compliance with this Agreement (including Section 14.4), (b) the accuracy of any
statement including the Project Safety Plan or other documents that supplement this Agreement,
and (c) any charge, or computation made pursuant to this Agreement. If such examination reveals
any material inaccuracy, necessary adjustments shall be made promptly.
17.4 State Auditor. In accordance with Government Code Section 8546.7, Seller may
be subject to audit by the California State Auditor with regard to Seller's performance of this
Agreement if the compensation under this Agreement exceeds ten thousand dollars ($10,000.00).
17.5 Data Request Cooperation. Each Party shall use reasonable efforts to assist the
other Party in gathering information for and preparing responses to data requests and other
inquiries from Governmental Authorities or Public Records Act requests that are related to or
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associated with the Project, delivery of Product or this Agreement, subject to the requirements of
Article 20.
17.6 Access Rights. Buyer, its authorized agents, employees and inspectors, have, while
observing and abiding by safety and security procedures of the Parties, the right of ingress to and
egress from the Project, including the Site(s) with reasonable advance Notice and for any purposes
connected with this Agreement. To the extent reasonably possible, Buyer will limit its requests to
access the Project or the Site to normal business hours and coordinate its emergency activities with
the safety and security departments, if any, of the Project operator. Seller shall keep Buyer advised
of current procedures for contacting the Project operator’s safety and security departments.
ARTICLE 18: ASSIGNMENT
18.1 General Prohibition on Assignments. Except as provided below, neither Party
may assign this Agreement or its rights or obligations under this Agreement, without the prior
written consent of the other Party, which consent shall not be unreasonably withheld, conditioned
or delayed. Any Change of Control of Seller or direct or indirect change of control of Buyer
(whether voluntary or by operation of law) will be deemed an assignment and will require the prior
written consent of the other Party, which consent shall not be unreasonably withheld, conditioned
or delayed.
18.2 Collateral Assignment.
(a) Subject to the provisions of this Section 18.2, Seller has the right to assign
this Agreement as collateral for any financing or refinancing of the Project.
(b) In connection with any collateral assignment of this Agreement for purposes
of the financing or refinancing of the Project by Seller, Buyer agrees to work in good faith with
Seller and Lender to agree upon a consent to collateral assignment of this Agreement (“Collateral
Assignment Agreement”). The Collateral Assignment Agreement must be in form and substance
agreed to by Buyer, Seller and Lender.
18.3 Permitted Assignment by Seller. Except as may be precluded by, or would cause
Buyer to be in violation of the Political Reform Act (Cal. Gov. Code section 81000 et seq.) or the
regulations thereto, Cal. Government Code section 1090, Buyer’s Conflict of Interest Code/Policy
or any other conflict of interest Law, Seller may, without the prior written consent of Buyer,
transfer or assign this Agreement, including through a Change of Control, to an Affiliate of Seller.
18.4 Permitted Assignment by Buyer. Buyer may assign its interest in this Agreement
to City of San Jacinto without Seller’s consent, provided that City of San Jacinto is a validly
existing community choice aggregator, duly organized, validly existing and in good standing under
the laws of the State of California and the rules, regulations and orders of the CPUC at such time
and either (i) City of San Jacinto and this Agreement are still subject to a Member Lockbox
Arrangement for the benefit of Seller in accordance with Section 10.5 or (ii) City of San Jacinto
has provided other performance assurance reasonably acceptable to Seller; provided, further, that
in each such case, no fewer than fifteen (15) Business Days before such assignment Buyer (x)
notifies Seller of such assignment and (y) provides to Seller a written agreement signed by the
Person to which Buyer wishes to assign its interests stating that such Person agrees to assume all
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of Buyer’s obligations and liabilities under this Agreement. Any assignment by Buyer, its
successors or assigns under this Section 18.4 shall be of no force and effect unless and until such
Notice and agreement by the assignee have been received and accepted by Seller.
18.5 Unauthorized Assignment; Costs.
(a) Any assignment or purported assignment in violation of this Article 18 is
void.
(b) No assignment of this Agreement shall be effective unless such assignment
is memorialized in a written agreement signed by the assignee and, except in connection with a
collateral financing, in which agreement the assignee assumes all of the assignor’s obligations and
liabilities under this Agreement.
(c) Seller shall be responsible for Buyer’s reasonable costs associated with the
preparation, review, execution and delivery of documents in connection with any assignment of
this Agreement, including without limitation reasonable attorneys’ fees.
ARTICLE 19: DISPUTE RESOLUTION
19.1 Governing Law. This Agreement and the rights and duties of the Parties hereunder
shall be governed by and construed, enforced and performed in accordance with the laws of the
State of California, without regard to principles of conflicts of law. The Parties agree that any suit,
action or other legal proceeding by or against any Party (or its Affiliates or designees) with respect
to or arising out of this Agreement shall be brought in the federal courts of the United States Central
District of California, or the courts of the State of California sitting in the County of Los Angeles,
California.
19.2 Dispute Resolution. In the event of any dispute arising under this Agreement,
within ten (10) days following the receipt of a written Notice from either Party identifying such
dispute, the Parties shall meet, negotiate and attempt, in good faith, to resolve the dispute quickly,
informally and inexpensively. If the Parties are unable to resolve a dispute arising hereunder within
the earlier of either thirty (30) days of initiating such discussions, or within forty (40) days after
Notice of the dispute, the parties shall submit the dispute to mediation prior to seeking any and all
remedies available to it at law in or equity. The Parties will cooperate in selecting a qualified
neutral mediator selected from a panel of neutrals and in scheduling the time and place of the
mediation as soon as reasonably possible, but in no event later than thirty (30) days after the request
for mediation is made. The Parties agree to participate in the mediation in good faith and to share
the costs of the mediation, including the mediator’s fee, equally, but such shared costs shall not
include each Party’s own attorneys’ fees and costs, which shall be borne solely by such Party. If
the mediation is unsuccessful, then either Party may seek any and all remedies available to it at
law or in equity, subject to the limitations set forth in this Agreement. To the fullest extent
permitted under applicable Law, any statute of limitations applicable to a dispute that is mediated
by the Parties pursuant to this Agreement shall toll during any period in which such dispute is
being mediated in accordance with this Section 19.2.
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ARTICLE 20: CONFIDENTIAL INFORMATION
20.1 Confidential Information. Throughout the Term, neither Party shall disclose (a)
the non-public terms or conditions of this Agreement or (b) information disclosed to such Party by
the other Party that is (i) marked or expressly identified as “confidential” and (ii) accompanied by
a statutory reference to the applicable section of the Public Records Act pursuant to which such
information may be kept confidential (collectively, “Confidential Information”) to a third party.
20.2 Permitted Disclosures. A Party may disclose Confidential Information: (a) to the
Party’s Affiliates and the Party’s and its Affiliate’s employees, counsel, accountants, advisors,
lenders, or equity investors who have a need to know such information and have agreed to keep
such terms confidential; (b) in order to comply with any applicable Law or any exchange,
regulation, Balancing Authority, control area or Transmission Provider rule, or order issued by a
court or entity with competent jurisdiction over the disclosing Party (“Disclosing Party”), other
than to those entities set forth in subsection (c); or (c) in order to comply with any applicable
regulation, rule, or order of the CPUC, CEC, or FERC.
(a) Procedure for Permitted Disclosures. In connection with requests made
pursuant to Section 20.2(b) (“Disclosure Order”), each Party shall, to the extent practicable, use
reasonable efforts to: (A) Notify the other Party prior to disclosing the Confidential Information
and (B) prevent or limit such disclosure. After using such reasonable efforts, the Disclosing Party
shall not be: (I) prohibited from complying with a Disclosure Order or (II) liable to the other Party
for monetary or other damages incurred in connection with such disclosures of the Confidential
Information.
(b) Disclosure Requests. If a Party (“Receiving Party”) receives a request
from a third party for access to, or inspection, disclosure or copying of, any of the other Party’s
(the “Supplying Party”) Confidential Information (“Disclosure Request”), then the Receiving
Party shall provide Notice and a copy of the Disclosure Request to the Supplying Party promptly
after receipt of the Disclosure Request. Within three (3) Business Days of receipt of such Notice,
the Supplying Party may provide a Notice to the Receiving Party stating that the Supplying Party
believes there are reasonable legal grounds for denying or objecting to the Disclosure Request and
will seek a protective order or other judicial determination to protect the confidential information,
in such case, the Supplying Party will cover all of its own costs and further agrees to indemnify
and pay any and all costs incurred by Receiving Party as a result of the Supplying Party’s attempts
to protect from disclosure the information. If the Supplying Party does not seek or does not receive
a protective order or other judicial determination protecting the Confidential Information, the
Receiving Party may disclose the Confidential Information, which disclosure will not be
considered a violation of this Agreement. The Parties recognize that Buyer is a public entity subject
to the provisions of the California Public Records Act, and that disclosures made thereunder shall
not be considered a violation of this Agreement.
20.3 Remedies. Except as provided in Section 20.2 with respect to the Parties’ permitted
disclosures, the Parties shall be entitled to all remedies available at law or in equity to enforce, or
seek relief in connection with, this confidentiality obligation.
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ARTICLE 21: GENERAL PROVISIONS
21.1 Entire Agreement; Integration; Exhibits. This Agreement constitutes the entire
agreement and understanding between Seller and Buyer with respect to the subject matter hereof
and supersedes all prior agreements relating to the subject matter hereof, which are of no further
force or effect. The Cover Sheet and any exhibit, appendix, or other attachment hereto is an integral
part hereof and is made a part of this Agreement by reference. This Agreement shall be considered
for all purposes as prepared through the joint efforts of the Parties and shall not be construed
against one Party or the other as a result of the preparation, substitution, submission or other event
of negotiation, drafting or execution hereof.
21.2 Amendments. This Agreement may only be amended, modified or supplemented
by an instrument in writing executed by duly authorized representatives of Seller and Buyer;
provided, that, for the avoidance of doubt, this Agreement may not be amended by electronic mail
communications.
21.3 Survival. Applicable provisions of this Agreement shall continue in effect after
termination, to the extent necessary to enforce or complete the duties, obligations or
responsibilities of the Parties arising prior to termination. Notwithstanding anything to the
contrary in this Agreement, (i) all rights under Sections 15.1 through 15.5 (Indemnities) and any
other indemnity rights survive the end of the Term without limit, (ii) all audit rights under Sections
17.2 and 17.3 survive the end of the Term for an additional one (1) year, or as required by
applicable Law, (iii) all rights and obligations under Article 20 (Confidentiality) survive the end
of the Term without limit, and (iv) all provisions relating to limitations of liability survive without
limit.
21.4 Waivers. Waiver by a Party of any default by the other Party shall not be construed
as a waiver of any other default. Any waiver of a default under this Agreement must appear in a
writing signed by the waiving Party.
21.5 No Agency, Partnership, Joint Venture or Lease. Seller and the agents and
employees of Seller shall, in the performance of this Agreement, act in an independent capacity
and not as officers or employees or agents of Buyer. Under this Agreement, Seller and Buyer
intend to act as Product seller and Product purchaser, respectively, and do not intend to be treated
as, and shall not act as, partners in, co-venturers in or lessor/lessee with respect to the Project, the
Product or any business related to the Project. This Agreement shall not impart any rights
enforceable by any third party other than a permitted successor or assignee bound to this
Agreement or, to the extent set forth herein, any Lender or indemnitee. In no event shall Buyer’s
receipt or review of any Seller submission, or Buyer’s monitoring of Project data or cooperation
in Project operations be construed as an assumption of any responsibility, liability or obligation of
Seller for the design, construction or operation of the Project.
21.6 Severability. In the event that any provision of this Agreement is unenforceable
or held to be unenforceable, the Parties agree that all other provisions of this Agreement have force
and effect and shall not be affected thereby. The Parties shall, however, use their best endeavors
to agree on the replacement of the void, illegal or unenforceable provision(s) with legally
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acceptable clauses which correspond as closely as possible to the sense and purpose of the affected
provision and this Agreement as a whole.
21.7 Mobile Sierra. Notwithstanding any provision of this Agreement, neither Party
shall seek, nor shall they support any third party seeking, to prospectively or retroactively revise
the rates, terms or conditions of service of this Agreement through application or complaint to the
FERC pursuant to the provisions of the Federal Power Act, absent prior written agreement of the
Parties. Further, absent the prior written agreement in writing by both Parties, the standard of
review for changes to the rates, terms or conditions of service of this Agreement proposed by a
Party, a non-Party, or the FERC acting sua sponte shall be the “public interest” standard of review
set forth in United States Gas Pipe Line Co. v. Mobile Gas Service Corp., 350 U.S. 332 (1956) and
Federal Power Commission v. Sierra Pacific Power Co., 350 U.S. 348 (1956), and clarified by
Morgan Stanley Capital Group, Inc. v. Public Util. Dist. No. 1 of Snohomish, 554 U.S. 527 (2008)
and NRG Power Mrkt’g, LLC v. Maine Pub. Util. Comm’n, 558 U.S. 165 (2010).
21.8 Counterparts. This Agreement may be executed in one or more counterparts, all
of which taken together shall constitute one and the same instrument and each of which shall be
deemed an original.
21.9 Electronic Delivery. This Agreement may be duly executed and delivered by a
Party by execution and electronic format (including portable document format (.pdf)) delivery of
the signature page of a counterpart to the other Party, provided that any digital signatures are in
compliance with California Code of Regulations, Title 2, Division 7, Chapter 10, Sections 22000
– 22005.
21.10 No Recourse to Members of Buyer. Buyer is organized as a Joint Powers
Authority in accordance with the Joint Exercise of Powers Act of the State of California
(Government Code Section 6500, et seq.) pursuant to its Joint Powers Agreement and is a public
entity separate from its constituent members. Except as set forth in Section 21.11, Buyer shall
solely be responsible for all debts, obligations and liabilities accruing and arising out of this
Agreement. Except as otherwise set forth in this Agreement with respect to the Member Lockbox
Arrangement, Seller shall have no rights and shall not make any claims, take any actions or assert
any remedies against any of Buyer’s constituent members, or the employees, directors, officers,
consultants or advisors or Buyer or its constituent members, in connection with this Agreement.
21.11 Lockbox Account. For so long as the Member Lockbox Arrangement exists,
Buyer’s obligations to make payments with respect to this Agreement are to be made solely from
the Member Lockbox Account, as set forth in the applicable Member Security Agreement. For so
long as either (a) the Member Lockbox Arrangement exists or (b) Member has provided and
continues to maintain Member Performance Security for the benefit of Seller, obligations to make
payments under this Agreement do not constitute any kind of indebtedness of Member or create
any kind of lien on, or security interest in, any property or revenues of Member, except as set forth
in the Member Lockbox Arrangement or Member Performance Security, as applicable.
21.12 Forward Contract. The Parties intend that this Agreement constitutes a “forward
contract” within the meaning of the U.S. Bankruptcy Code, and Buyer and Seller are “forward
contract merchants” within the meaning of the U.S. Bankruptcy Code. Each Party agrees that, for
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all purposes of this Agreement, each Party waives and agrees not to assert the applicability of the
provisions of 11 U.S.C. § 366 in any bankruptcy proceeding wherein such Party is a debtor. In
any such proceeding, each Party further waives the right to assert that the other Party is a provider
of last resort to the extent such term relates to 11 U.S.C. §366 or another provision of 11 U.S.C. §
101-1532.
21.13 Further Assurances. Each of the Parties hereto agree to provide such information,
execute and deliver any instruments and documents and to take such other actions as may be
necessary or reasonably requested by the other Party which are not inconsistent with the provisions
of this Agreement and which do not involve the assumptions of obligations other than those
provided for in this Agreement, to give full effect to this Agreement and to carry out the intent of
this Agreement.
ARTICLE 22: NOTICES
22.1 Addresses for the Delivery of Notices. Any Notice required, permitted, or
contemplated hereunder shall be in writing, shall be addressed to the Party to be notified at the
address set forth on Appendix VIII or at such other address or addresses as a Party may designate
for itself from time to time by Notice hereunder.
22.2 Time of Delivery. Each Notice required, permitted, or contemplated hereunder
shall be deemed to have been validly served, given or delivered as follows: (a) if sent by United
States mail with proper first class postage prepaid, three (3) Business Days following the date of
the postmark on the envelope in which such Notice was deposited in the United States mail; (b) if
sent by a regularly scheduled overnight delivery carrier with delivery fees either prepaid or an
arrangement with such carrier made for the payment of such fees, the next Business Day after the
same is delivered by the sending Party to such carrier; (c) if sent by electronic communication
(including electronic mail or other electronic means) and if concurrently with the transmittal of
such electronic communication the sending Party provides a copy of such electronic Notice by
hand delivery, United States mail, or express courier, at the time indicated by the time stamp upon
delivery; or (d) if delivered in person, upon receipt by the receiving Party. Notwithstanding the
foregoing, Notices of outages or other scheduling or dispatch information or requests, may be sent
by electronic communication and shall be considered delivered upon successful completion of
such transmission.
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SIGNATURES
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as
of the Effective Date.
SANTA PAULA ENERGY STORAGE,
LLC
By:
Name:
Title:
CALIFORNIA CHOICE ENERGY
AUTHORITY, a California joint powers
authority
By:
Name:
Title:
Acknowledged: City of San Jacinto, a California municipal corporation (d/b/a San Jacinto Power)
CITY OF SAN JACINTO
By:
Name:
Title:
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APPENDIX I
DESCRIPTION OF PROJECT
The following describes the Project to be constructed, operated and maintained by Seller through
the Term in accordance with the Agreement.
A. PROJECT DESCRIPTION
Project name: Santa Paula Energy Storage
Technology type: Lithium-Ion Battery Energy Storage
Project physical address: 132 North 13th Street, Santa Paula, CA 93060
Interconnection:
CAISO transmission access charge area (e.g. PG&E): SCE
Point of interconnection: SCE Wakefield Substation 66 kV bus
Existing zone (e.g. NP-15): SP-15
PNode: TBD
CAISO Resource ID: TBD
B. PROJECT SIZE
Nameplate capacity (NQC): 15 MW
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The following describes the Operational Characteristics to determine the amount of Capacity
Attributes of Product generated by the entire Project, including Capacity Attributes of Product
associated with portions of the Project that are being purchased by third parties. The Capacity
Attributes of Product being sold and transferred under this Agreement are limited to the Contract
Amounts set forth on the Cover Sheet.
APPENDIX II
OPERATIONAL CHARACTERISTICS
The following describes the Operational Characteristics to determine the amount of
Capacity Attributes of Product.
Physical Location and Point of Interconnection
Shall be as set forth in Appendix I-A.
Discharging and Charging
Maximum continuous discharge power (Dmax): 15 MW
Minimum continuous discharge power (Dmin): .25 MW
Maximum discharge duration at constant Dmax : 4 (hours)
Maximum continuous charge power (Cmax): -15 MW
Minimum continuous charge power (Cmin): - .25 MW
Maximum charge duration at constant Cmax: 4.7 (hours)
Amount of Energy released to fully discharge: 60 MWh
Amount of Energy required to fully charge: 70.6 MWh
Round-trip efficiency: 85 %
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Ramp Rates
Dmin to Dmax: 15 MW/second
Cmin to Cmax: -15 MW/second
Dmax to Dmin: -15 MW/second
Cmax to Cmin: 15 MW/second
System Response Time
Idle to Dmax: 1 second
Idle to Cmax: 1 second
Dmax to Cmax: 1 second
Cmax to Dmax: 1 second
Dmin to Cmin: 1 second
Cmin to Dmin: 1 second
Discharge Start-up time (from notification to Dmin): 5 seconds
Charge Start-up time (from notification to Cmin): 5seconds
Discharge Start-up Fuel: 9 MMBtu
Starts and other Run Time Limitations
Start limitations: None
Run hour limitations: None
The minimum run time after a Discharge Start-up is 0 seconds
The minimum run time after a Charge Start-up is 0 seconds
The minimum down time after a shutdown is 0 seconds
Ancillary Services (defined terms below have the meaning found in the CAISO Tariff as of the
Effective Date):
At ISO conditions, normal efficiency mode:
Spinning Reserves: Range: -15 to 15 MW
Non-Spinning Reserves: Range: -15 to 15 MW
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Regulation Up: Range: -15 to 15 MW
Regulation Down: Range: -15 to 15 MW
Black Start capability (if applicable):
Other:
Voltage Services
Generator voltage regulation range (+/-): 0.90 volts per unit
Maximum reactive power leading: 15 mega volt amps reactive (MVar)
Maximum reactive power lagging: 15 mega volt amps reactive (MVar)
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APPENDIX III
PROGRESS REPORTING FORM
Each Progress Report must include the following items:
1. Executive Summary.
2. Project description.
3. Site plan of the Project.
4. Description of any material planned changes to the Project or the Site.
5. Schedule showing progress on Project construction generally and achieving the
Commercial Operation Milestone and the Initial Delivery Date.
6. Summary of activities during the previous month, including any OSHA labor hour reports.
7. Forecast of activities scheduled for the current calendar quarter.
8. Written description about the progress relative to the Commercial Operation Milestone and
the Initial Delivery Date, including whether Seller is on schedule with respect to the same.
9. List of issues that are likely to potentially affect achievement of the Commercial Operation
Milestone and the Initial Delivery Date.
10. Progress and schedule of the EPC Contract, all major equipment supply agreements,
Governmental Approvals, technical studies, and financing arrangements.
11. Pictures, in sufficient quantity and of appropriate detail, in order to document construction
and interconnection progress.
12. Compliance with workforce and prevailing wage requirements.
13. Any other documentation reasonably requested by Buyer.
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APPENDIX IV
CERTIFICATION
FOR COMMERCIAL OPERATION
This certification of commercial operation (“Certification”) is delivered by each of
_______ (“Seller”) and ________ (“Engineer”) to California Choice Energy Authority, a
California joint powers authority (“Buyer”) in accordance with the terms of that certain Energy
Storage Resource Adequacy Agreement dated _______ (“Agreement”) by and between Seller and
Buyer. All capitalized terms used in this Certification but not otherwise defined herein shall have
the respective meanings assigned to such terms in the Agreement.
Seller and Engineer each hereby certifies and represents to Buyer the following, severally
and not jointly:
(1) The Project became Commercially Operable on [ ].
(2) The Project has been constructed in accordance with Appendix I of the Agreement.
(3) The Project has been constructed in accordance with the Project Safety Plan.
(4) The Project is capable of producing and delivering Capacity Attributes of Product
in the Contract Amounts, and a performance test was conducted to confirm this
capability.
(5) Seller has designed and built the Project to have a design life for the Delivery Term
in accordance with Prudent Operating Practices.
(6) The design and construction of the Project was carried out by the original
equipment manufacturer or other qualified organization in accordance with the
designs and requirements of the original equipment manufacturer.
SELLER: ENGINEER:
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
License
Number:
LPE Stamp:
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APPENDIX V-A
FORM OF LETTER OF CREDIT
[Issuing Bank Letterhead and Address]
IRREVOCABLE STANDBY LETTER OF CREDIT NO. [XXXXXXX]
Date:
Bank Ref.:
Amount: US$[XXXXXXXX]
Expiry Date:
Beneficiary:
California Choice Energy Authority
44933 Fern Avenue
Lancaster, CA 93534
Attn: Executive Director
Ladies and Gentlemen:
By the order of __________ (“Applicant”), we, [insert bank name and address] (“Issuer”) hereby
issue our Irrevocable Standby Letter of Credit No. [XXXXXXX] (the “Letter of Credit”) in favor
of California Choice Energy Authority, a California joint powers authority (“Beneficiary”), for an
amount not to exceed the aggregate sum of U.S. $[XXXXXX] (United States Dollars [XXXXX]
and 00/100), pursuant to that certain Energy Storage Resource Adequacy Agreement dated as of
______ and as amended (the “Agreement”) between Applicant and Beneficiary. This Letter of
Credit shall become effective immediately and shall expire on [Insert Date] which is one year after
the issue date of this Letter of Credit, or any expiration date extended in accordance with the terms
hereof (the “Expiration Date”).
Funds under this Letter of Credit are available to Beneficiary by presentation on or before the
Expiration Date of a dated statement purportedly signed by your duly authorized representative,
in the form attached hereto as Exhibit A, containing one of the two alternative paragraphs set forth
in paragraph 2 therein, referencing our Letter of Credit No. [XXXXXXX] (“Drawing Certificate”).
The Drawing Certificate may be presented by (a) physical delivery, (b) as a PDF attachment to an
e-mail to [bank email address] or (c) facsimile to [bank fax number [XXX-XXX-XXXX]]
confirmed by [e-mail to [bank email address]]. Transmittal by facsimile or email shall be deemed
delivered when received.
The original of this Letter of Credit (and all amendments, if any) is not required to be presented in
connection with any presentment of a Drawing Certificate by Beneficiary hereunder in order to
receive payment.
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We hereby agree with the Beneficiary that all documents presented under and in compliance with
the terms of this Letter of Credit, that such drafts will be duly honored upon presentation to the
Issuer on or before the Expiration Date. All payments made under this Letter of Credit shall be
made with Issuer’s own immediately available funds by means of wire transfer in immediately
available United States dollars to Beneficiary’s account as indicated by Beneficiary in its Drawing
Certificate or in a communication accompanying its Drawing Certificate.
Partial draws are permitted under this Letter of Credit, and this Letter of Credit shall remain in full
force and effect with respect to any continuing balance.
It is a condition of this Letter of Credit that the Expiration Date shall be deemed automatically
extended without an amendment for a one year period beginning on the present Expiration Date
hereof and upon each anniversary for such date, unless at least one hundred twenty (120) days
prior to any such Expiration Date we have sent to you written notice by overnight courier service
that we elect not to extend this Letter of Credit, in which case it will expire on the date specified
in such notice. No presentation made under this Letter of Credit after such Expiration Date will be
honored.
Notwithstanding any reference in this Letter of Credit to any other documents, instruments or
agreements, this Letter of Credit contains the entire agreement between Beneficiary and Issuer
relating to the obligations of Issuer hereunder.
This Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits
(2007 Revision) International Chamber of Commerce Publication No. 600 (the “UCP”), except to
the extent that the terms hereof are inconsistent with the provisions of the UCP, including but not
limited to Articles 14(b) and 36 of the UCP, in which case the terms of this Letter of Credit shall
govern. In the event of an act of God, riot, civil commotion, insurrection, war or any other cause
beyond Issuer’s control (as defined in Article 36 of the UCP) that interrupts Issuer’s business and
causes the place for presentation of the Letter of Credit to be closed for business on the last day
for presentation, the Expiration Date of the Letter of Credit will be automatically extended without
amendment to a date thirty (30) calendar days after the place for presentation reopens for business.
Please address all correspondence regarding this Letter of Credit to the attention of the Letter of
Credit Department at [insert bank address information], referring specifically to Issuer’s Letter of
Credit No. [XXXXXXX]. For telephone assistance, please contact Issuer’s Standby Letter of
Credit Department at [XXX-XXX-XXXX] and have this Letter of Credit available.
[Bank Name]
___________________________
[Insert officer name]
[Insert officer title]
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(DRAW REQUEST SHOULD BE ON BENEFICIARY’S LETTERHEAD)
Drawing Certificate
[Insert Bank Name and Address]
Ladies and Gentlemen:
The undersigned, a duly authorized representative of California Choice Energy Authority, a
California joint powers authority, 44933 Fern Avenue Lancaster, CA 93534, as beneficiary (the
“Beneficiary”) of the Irrevocable Letter of Credit No. [XXXXXXX] (the “Letter of Credit”) issued
by [insert bank name] (the “Bank”) by order of __________ (the “Applicant”), hereby certifies to
the Bank as follows:
1. Applicant and Beneficiary are party to that certain Energy Storage Resource Adequacy
Agreement dated as of ___________, 2022 (the “Agreement”).
2. Beneficiary is making a drawing under this Letter of Credit in the amount of U.S.
$___________ because a Seller’s Event of Default (as such term is defined in the
Agreement) has occurred or other occasion provided for in the Agreement where
Beneficiary is authorized to draw on the Letter of Credit has occurred.
OR
Beneficiary is making a drawing under this Letter of Credit in the amount of
U.S. $___________, which equals the full available amount under the Letter of Credit,
because Applicant is required to maintain the Letter of Credit in force and effect beyond
the expiration date of the Letter of Credit but has failed to provide Beneficiary with a
replacement Letter of Credit or other acceptable instrument within thirty (30) days prior to
such expiration date.
3. The undersigned is a duly authorized representative of California Choice Energy Authority
and is authorized to execute and deliver this Drawing Certificate on behalf of Beneficiary.
You are hereby directed to make payment of the requested amount to California Choice Energy
Authority by wire transfer in immediately available funds to the following account:
[Specify account information]
California Choice Energy Authority
_______________________________
Name and Title of Authorized Representative
Date___________________________
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APPENDIX V-B
FORM OF GUARANTY
This Guaranty (this “Guaranty”) is entered into as of [_____] (the “Effective Date”) by and
between [_____], a [______] (“Guarantor”), and California Choice Energy Authority, a
California joint powers authority (together with its successors and permitted assigns, “Buyer”).
Recitals
A. Buyer and [SELLER ENTITY], a _____________________ (“Seller”), entered into that certain
Energy Storage Resource Adequacy Agreement (as amended, restated or otherwise modified from
time to time, the “RA Agreement”) dated as of [____], 2022.
B. Guarantor is entering into this Guaranty as Delivery Term Security to secure Seller’s obligations
under the RA Agreement, as required by Section 10.2 of the RA Agreement.
C. It is in the best interest of Guarantor to execute this Guaranty inasmuch as Guarantor will derive
substantial direct and indirect benefits from the execution and delivery of the RA Agreement.
D. Initially capitalized terms used but not defined herein have the meaning set forth in the RA
Agreement.
Agreement
1. Guaranty. For value received, Guarantor does hereby unconditionally, absolutely and
irrevocably guarantee, as primary obligor and not as a surety, to Buyer the full, complete
and prompt payment by Seller of any and all amounts and payment obligations now or
hereafter owing from Seller to Buyer under the RA Agreement, including, without
limitation, compensation for penalties, the Termination Payment, indemnification
payments or other damages, as and when required pursuant to the terms of the RA
Agreement (the “Guaranteed Amount”), provided, that Guarantor’s aggregate liability
under or arising out of this Guaranty shall not exceed [XXXXXXXXXX] ($XXXXX) (the
“Liability Limit”). The Parties understand and agree that any payment by Guarantor or
Seller of any portion of the Guaranteed Amount shall thereafter reduce Guarantor’s
maximum aggregate liability hereunder on a dollar-for-dollar basis. This Guaranty is an
irrevocable, absolute, unconditional and continuing guarantee of the full and punctual
payment and performance, and not of collection, of the Guaranteed Amount and, except as
otherwise expressly addressed herein, is in no way conditioned upon any requirement that
Buyer first attempt to collect the payment of the Guaranteed Amount from Seller, any other
guarantor of the Guaranteed Amount or any other Person or entity or resort to any other
means of obtaining payment of the Guaranteed Amount. In the event Seller shall fail to
duly, completely or punctually pay any Guaranteed Amount as required pursuant to the RA
Agreement, Guarantor shall promptly pay such amount as required herein.
2. Demand Notice. For avoidance of doubt, a payment shall be due for purposes of this
Guaranty only when and if a payment is due and payable by Seller to Buyer under the terms
and conditions of the RA Agreement. If Seller fails to pay any Guaranteed Amount as
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required pursuant to the RA Agreement for ten (10) Business Days following Seller’s
receipt of Buyer’s written notice of such failure (the “Demand Notice”), then Buyer may
elect to exercise its rights under this Guaranty and may make a demand upon Guarantor (a
“Payment Demand”) for such unpaid Guaranteed Amount. A Payment Demand shall be
in writing and shall reasonably specify in what manner and what amount Seller has failed
to pay and an explanation of why such payment is due and owing, with a specific statement
that Buyer is requesting that Guarantor pay under this Guaranty. Guarantor shall, within
five (5) Business Days following its receipt of the Payment Demand, pay the Guaranteed
Amount to Buyer.
3. Scope and Duration of Guaranty. This Guaranty applies only to the Guaranteed Amount.
This Guaranty shall continue in full force and effect from the Effective Date until the
following have occurred: (x) all Guaranteed Amounts have been paid in full (whether
directly or indirectly through set-off or netting of amounts owed by Buyer to Seller) and
the Delivery Term has expired or terminated early or (y) replacement Delivery Term
Security is provided in an amount and form required by the terms of the RA Agreement.
Further, this Guaranty (a) shall remain in full force and effect without regard to, and shall
not be affected or impaired by any invalidity, irregularity or unenforceability in whole or
in part of this Guaranty, and (b) subject to the preceding sentence, shall be discharged only
by complete performance of the undertakings herein. Without limiting the generality of the
foregoing, the obligations of the Guarantor hereunder shall not be released, discharged, or
otherwise affected and this Guaranty shall not be invalidated or impaired or otherwise
affected for the following reasons:
(i) the extension of time for the payment of any Guaranteed Amount,
or
(ii) any amendment, modification or other alteration of the RA
Agreement, or
(iii) any indemnity agreement Seller may have from any party, or
(iv) any insurance that may be available to cover any loss, except to the
extent insurance proceeds are used to satisfy the Guaranteed Amount, or
(v) any voluntary or involuntary liquidation, dissolution, receivership,
insolvency, bankruptcy, assignment for the benefit of creditors, reorganization,
arrangement, composition or readjustment of, or other similar proceeding affecting,
Seller or any of its assets, including but not limited to any rejection or other
discharge of Seller’s obligations under the RA Agreement imposed by any court,
trustee or custodian or any similar official or imposed by any law, statue or
regulation, in each such event in any such proceeding, or
(vi) the release, modification, waiver or failure to pursue or seek relief
with respect to any other guaranty, pledge or security device whatsoever, or
(vii) any payment to Buyer by Seller that Buyer subsequently returns to
Seller pursuant to court order in any bankruptcy or other debtor-relief proceeding,
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or
(viii) those defenses based upon (A) the legal incapacity or lack of power
or authority of any Person, including Seller and any representative of Seller to enter
into the RA Agreement or perform its obligations thereunder, (B) lack of due
execution, delivery, validity or enforceability, including of the RA Agreement, or
(C) Seller’s inability to pay any Guaranteed Amount or perform its obligations
under the RA Agreement, or
(ix) any other event or circumstance that may now or hereafter constitute
a defense to payment of the Guaranteed Amount, including, without limitation,
statute of frauds and accord and satisfaction;
provided that Guarantor reserves the right to assert for itself any defenses, setoffs or
counterclaims that Seller is or may be entitled to assert against Buyer (except for such defenses,
setoffs or counterclaims that may be asserted by Seller with respect to the RA Agreement, but that
are expressly waived under any provision of this Guaranty).
4. Waivers by Guarantor. Guarantor hereby unconditionally waives as a condition
precedent to the performance of its obligations hereunder, with the exception of the
requirements in Paragraph 2, (a) notice of acceptance, presentment or protest with respect
to the Guaranteed Amounts and this Guaranty, (b) notice of any action taken or omitted to
be taken by Buyer in reliance hereon, (c) any requirement that Buyer exhaust any right,
power or remedy or proceed against Seller under the RA Agreement, and (d) any event,
occurrence or other circumstance which might otherwise constitute a legal or equitable
discharge of a surety. Without limiting the generality of the foregoing waiver of surety
defenses, it is agreed that the occurrence of any one or more of the following shall not
affect the liability of Guarantor hereunder:
(i) at any time or from time to time, without notice to Guarantor, the
time for payment of any Guaranteed Amount shall be extended, or such
performance or compliance shall be waived;
(ii) the obligation to pay any Guaranteed Amount shall be modified,
supplemented or amended in any respect in accordance with the terms of the RA
Agreement;
(iii) any (a) sale, transfer or consolidation of Seller into or with any other
entity, (b) sale of substantial assets by, or restructuring of the corporate existence
of, Seller or (c) change in ownership of any membership interests of, or other
ownership interests in, Seller; or
(iv) the failure by Buyer or any other Person to create, preserve, validate,
perfect or protect any security interest granted to, or in favor of, Buyer or any
Person.
5. Subrogation. Notwithstanding any payments that may be made hereunder by the
Guarantor, Guarantor hereby agrees that until the earlier of payment in full of all
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Guaranteed Amounts or expiration of the Guaranty in accordance with Section 3, it shall
not be entitled to, nor shall it seek to, exercise any right or remedy arising by reason of its
payment of any Guaranteed Amount under this Guaranty, whether by subrogation or
otherwise, against Seller or seek contribution or reimbursement of such payments from
Seller.
6. Representations and Warranties. Guarantor hereby represents and warrants that (a) it
has all necessary and appropriate [limited liability company][corporate] powers and
authority and the legal right to execute and deliver, and perform its obligations under, this
Guaranty, (b) this Guaranty constitutes its legal, valid and binding obligations enforceable
against it in accordance with its terms, except as enforceability may be limited by
bankruptcy, insolvency, moratorium and other similar Laws affecting enforcement of
creditors’ rights or general principles of equity, (c) the execution, delivery and performance
of this Guaranty does not and will not contravene Guarantor’s organizational documents,
any applicable Law or any contractual provisions binding on or affecting Guarantor,
(d) there are no actions, suits or proceedings pending before any court, governmental
agency or arbitrator, or, to the knowledge of the Guarantor, threatened, against or affecting
Guarantor or any of its properties or revenues which may, in any one case or in the
aggregate, adversely affect the ability of Guarantor to enter into or perform its obligations
under this Guaranty, and (e) no consent or authorization of, filing with, or other act by or
in respect of, any arbitrator or Governmental Authority, and no consent of any other Person
(including, any stockholder or creditor of the Guarantor), that has not heretofore been
obtained is required in connection with the execution, delivery, performance, validity or
enforceability of this Guaranty by Guarantor.
7. Notices. Notices under this Guaranty shall be deemed received if sent to the address
specified below: (i) on the day received if served by overnight express delivery, and (ii)
four (4) Business Days after mailing if sent by certified, first class mail, return receipt
requested. If transmitted by facsimile, such notice shall be deemed received when the
confirmation of transmission thereof is received by the party giving the notice. Any party
may change its address or facsimile to which notice is given hereunder by providing notice
of the same in accordance with this Paragraph 7.
If delivered to Buyer, to it at [____]
Attn: [____]
Fax: [____]
If delivered to Guarantor, to it at [____]
Attn: [____]
Fax: [____]
8. Governing Law and Forum Selection. This Guaranty shall be governed by, and
interpreted and construed in accordance with, the laws of the United States and the State
of California, excluding choice of law rules. The Parties agree that any suit, action or other
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legal proceeding by or against any party (or its affiliates or designees) with respect to or
arising out of this Guaranty shall be brought in the federal courts of the United States or
the courts of the State of California sitting in the City and County of Los Angeles,
California.
9. Miscellaneous. This Guaranty shall be binding upon Guarantor and its successors and
assigns and shall inure to the benefit of Buyer and its successors and permitted assigns
pursuant to the RA Agreement. No provision of this Guaranty may be amended or waived
except by a written instrument executed by Guarantor and Buyer. This Guaranty is not
assignable by Guarantor without the prior written consent of Buyer. No provision of this
Guaranty confers, nor is any provision intended to confer, upon any third party (other than
Buyer’s successors and permitted assigns) any benefit or right enforceable at the option of
that third party. This Guaranty embodies the entire agreement and understanding of the
parties hereto with respect to the subject matter hereof and supersedes all prior or
contemporaneous agreements and understandings of the parties hereto, verbal or written,
relating to the subject matter hereof. If any provision of this Guaranty is determined to be
illegal or unenforceable (i) such provision shall be deemed restated in accordance with
applicable Laws to reflect, as nearly as possible, the original intention of the parties hereto
and (ii) such determination shall not affect any other provision of this Guaranty and all
other provisions shall remain in full force and effect. This Guaranty may be executed in
any number of separate counterparts, each of which when so executed shall be deemed an
original, and all of said counterparts taken together shall be deemed to constitute one and
the same instrument. This Guaranty may be executed and delivered by electronic means
with the same force and effect as if the same was a fully executed and delivered original
manual counterpart.
[Signature on next page]
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IN WITNESS WHEREOF, the undersigned has caused this Guaranty to be duly executed
and delivered by its duly authorized representative on the date first above written.
GUARANTOR:
[_______]
By:______________________________
Printed Name:__________________
Title:____________________________
BUYER:
[_______]
By:______________________________
Printed Name:__________________
Title:____________________________
By:______________________________
Printed Name:__________________
Title:____________________________
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APPENDIX VI
PROJECT SAFETY PLAN AND DOCUMENTATION
Project Safety Plan Elements:
Part One: Safety Requirements and Safety Programs
Identify the applicable safety-related codes, standards, and regulations (CSR) which govern the
design, construction, operation, maintenance of the Project using the proposed technology.
Describe the Seller’s and the Seller’s Contractor(s)’ safety programs and policies. Describe
Seller’s compliance with any safety-related industry standards or any industry certifications
(American National Standards Institute (ANSI), International Organization for Standardization
(ISO), etc.), if applicable.
Part Two: Project Design and Description
Describe Seller’s safety engineering approach to select equipment and design systems and the
Project to reduce risks and mitigate the impacts of safety-related incidents, including cascading
failures, excessive temperatures, thermal runaways, fires, explosions, disk fractures, hazardous
chemical releases.
Describe the results of any failure mode effects analyses (FMEA) or similar safety engineering
evaluations. In the case of lithium ion batteries, describe the safety-related reasons, including
design features and historical safety records, for selecting particular anode and cathode materials
and a particular manufacturer.
Provide a list of major facility components, systems, materials, and associated equipment, which
includes but is not limited to, the following information:
a) Equipment manufacturer’s datasheet, model numbers, etc.,
b) Technical specifications,
c) Equipment safety-related certifications (e.g. UL),
d) Safety-related systems, and
e) Approximate volumes and types of hazardous materials expected to be on Site.
Part Three: Project Safety Management
Identify and describe any hazards and risks to life, safety, public health, property, or the
environment due to or arising from the Project. Describe the Seller’s applicable site-specific safety
plans, risk mitigation, Safeguards and layers of protection, including but not necessarily limited
to:
a) Engineering controls,
b) Work practices,
c) Administrative controls,
d) Personal protective equipment and procedures,
e) Incident response and recovery plans,
f) Contractor pre-qualification and management,
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g) Operating procedures,
h) Emergency plans,
i) Training and qualification programs,
j) Disposal, recycle, transportation and reuse procedures, and
k) Physical security measures.
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APPENDIX VII
MUA DECISION ATTESTATION
This attestation is delivered by _______(“Seller”) to California Choice Energy Authority, a
California joint powers authority (“Buyer”) in accordance with the terms of that certain Energy
Storage Resource Adequacy Agreement dated _______ (“Agreement”) by and between Seller and
Buyer. All capitalized terms used in this attestation but not otherwise defined herein shall have
the respective meanings assigned to such terms in the Agreement.
Seller hereby certifies and represents to Buyer, as of the date set forth below, that with regard to
the Project, Seller is following all the rules set forth in Appendix A of CPUC Decision 18-01-003
on Multiple-Use Application Issues, issued January 17, 2018, regarding the multiple-use
applications of energy storage facilities.
EXECUTED by SELLER this ________ day of _____________, 20__.
Signature:
Name:
Title:
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APPENDIX VIII
NOTICES
SELLER BUYER
All Notices:
Name: Santa Paula Energy Storage, LLC
Street: 65 Enterprise, 3rd Floor
City: Aliso Viejo, CA. 92656
Attn: Development
Phone: (949) 330-6300
Email: Lizette.Vidrio@esVolta.com
With a copy to:
Rishad Olpadwala, Vice President
Development
65 Enterprise, 3rd Floor
Aliso Viejo, CA 92656
Rishad.Olpadwala@esVolta.com
All Notices:
California Choice Energy Authority
Attn: Cathy DeFalco
44933 Fern Avenue
Lancaster, CA 93534
Phone: 805-260-9047
E-mail: Cathy@CalChoice.org
Invoices:
Attn: Lizette Vidrio
Phone: (949) 330-6300
E-mail: Lizette.Vidrio@esVolta.com
Invoices:
Attn: Brian Goldstein
Phone: 215-498-0175
Email: cceainvoices@pacificea.com
Scheduling:
Attn: Lizette Vidrio
Phone: (949) 330-6300
Email: Lizette.Vidrio@esVolta.com
Scheduling:
Attn: Brian Goldstein
Phone: 215-498-0175
Email: cceainvoices@pacificea.com
Payments:
Attn: Lizette Vidrio
Phone: (949) 330-6300
E-mail: Lizette.Vidrio@esVolta.com
Payments:
Attn: Brian Goldstein
Phone: 215-498-0175
Email: cceainvoices@pacificea.com
Wire Transfer:
BNK:
ABA:
ACCT:
Wire Transfer:
BNK: Wells Fargo
ABA:121000248
ACCT: *****8540
Emergency Contact:
Attn: Lizette Vidrio, Director of Asset
Management
Phone: (949) 330-6300
E-mail:Lizette.Vidrio@esVolta.com
Emergency Contact:
Attn: Cathy DeFalco
Phone: 805-260-9047
E-mail: Cathy@CalChoice.org
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APPENDIX IX
APPROVED CONTRACTORS
1. Hitachi Energy USA Inc.
2. Goldstar Construction, Inc.
3. DynaPower Company
4. MMR Constructors, Inc.
5. Powin Energy Corporation
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APPENDIX X
[NOT USED]
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APPENDIX XI
[NOT USED]
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APPENDIX XII
WORKFORCE DEVELOPMENT AND COMMUNITY INVESTMENT OBLIGATIONS
Seller shall conduct outreach with qualified local contractors, so that local firms have a fair
opportunity to compete for Project construction contracts. In addition, Seller shall require that
construction contractors utilize locally sourced labor to the extent practicable.
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END OF AGREEMENT
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May 17, 2022
TO: City Council
REQUESTED BY: Stuart McKibbin, City Engineer
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Subdivision Improvement Agreement - KPC/Latham Mgmt Tr 37099
RECOMMENDATION:
Staff recommends that the City Council approve the Subdivision Improvement Agreement for
Latham Management and Consulting Services, Inc. (“Developer”) specific to Parcel/Tract
37099, in substantially the form set forth in the accompanying agreements, and authorize the
City Manager to execute any other documents necessary to implement said agreements.
DISCUSSION:
On May 17, 2016, Developer submitted an application for approval of tentative tract map for real
property located within the City. The tentative parcel map was prepared on behalf of Developer
by Blaine A. Womer, Civil Engineering, and is identified in City records as Parcel/Tract Map
No. 37099.
As per Sections 13.1 and 13.2 of the agreements, Developer shall provide the City with security
bonds in the amount based on the Engineer's approximation of the actual cost to construct the
applicable public improvements. In this instance, the security bonds are equal to 150% of the
Engineer's estimate, as the improvement plans have not been finalized, and the one-year term has
been extended to a two-year term at Developer's request.
Pursuant to Chapter 16.24 of the San Jacinto Municipal Code and the applicable provisions of
the Subdivision Map Act, Developer and City shall enter into these Agreements for the timely
construction and completion of the public improvements and the furnishing of the security;
therefore, acceptable to the City Engineer and City Attorney, for Parcel/Tract 37099.
Developer's execution of this Agreement and the provision of the security are made in
consideration of City's approval of the final maps for Parcel/Tract 37099.
FISCAL IMPACT:
The Council's discussion on this topic and approval of this agreement is not anticipated to have
any significant fiscal impact. All costs associated with completion of the conditioned public
improvements are the responsibility of the developer.
ATTACHMENTS:
Subdivision Agreement - Latham Tr 37099
3.A.8
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May 17, 2022
TO: City Council
REQUESTED BY:
APPROVED BY:
SUBJECT:
Stuart McKibbin, Contract City Engineer
Robert A. Johnson, City Manager
Memorandum of Understanding Drainage Improvements Tract 30084
RECOMMENDATION:
Staff recommends that the City Council approve the Memorandum of Understanding with KB
Home Coastal, Inc. and authorize the City Manager to execute the Memorandum of
Understanding (MOU).
DISCUSSION:
On July 17, 2003, the City of San Jacinto Planning Commission approved a tentative tract map
for Tract 30084 subject to conditions of approval, including the construction of certain drainage
improvements. The City approved a final map, which was recorded in 2006.
The drainage improvements that the Developer constructed did not function as the City and
Developer intended. This is evidenced by flooding that occurs at the intersection of Cottonwood
and Warren. The flooding is caused by runoff from the Developer’s project as well as other
neighboring properties. As such, the City Engineer did not accept the improvements and
therefore the Developer has not satisfied the Drainage Condition.
The San Jacinto Valley Master Drainage Plan was adopted in 2014, after the Cove had received
its conditions of approval, and proposes Line Y (RCB and channel) to drain the area, but Line Y
may cost nearly $30,000,000 and is years away. As the Developer’s Cove residential
development is being completed in the next few months, it is in the City’s interest to mitigate the
flooding of the Warren/Cottonwood intersection as soon as possible. Therefore, in lieu of
constructing modified improvements to satisfy the Drainage Condition, the City Engineer has
agreed to accept the Developer’s provision of plans and specifications related to certain regional
drainage improvements, which serve the Tract and neighboring properties. The Developer
would also cost share with a $162,500 fair share contribution to the cost to construct such
improvements, as substantial compliance with the Drainage Condition.
The construction of the mitigation measures consist of a pump station near the
Warren/Cottonwood intersection, a force main to take the water north of the MWD aqueduct ,
and a small concrete channel along the eastside of Warren Road to discharge into an existing
concrete drainage facility near Scott Street. The project will be added to the City’s Capital
Improvement Program.
At this time the cost for the improvements is estimated to be $600,000 to $700,000, with the
remainder of the funding to come from a future cost-share agreement with the Riverside County
Flood Control & Water Conservation District.
3.A.9
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FISCAL IMPACT:
The proposed improvements are estimated to cost $600,000 - $700,000. KB Home Coastal,
Inc.’s contribution is $162,000, plus the engineering work to prepare the plans and specifications
for the project. A future Funding Agreement with Flood Control & Water Conservation District
would cover the remaining project cost.
ATTACHMENTS:
MOU with KB Home
3.A.9
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MEMORANDUM OF UNDERSTANDING
Drainage Improvements for Tract No 30084
This Memorandum of Understanding is entered into between the City of San Jacinto, a
municipal corporation and KB Home Coastal Inc., a California Corporation, as of ________,
2022.
RECITALS
A. On July 17, 2003, the City of San Jacinto Planning Commission approved a tentative tract
map for Tract 30084 subject to conditions of approval, including the construction of certain public
improvements. The City approved a final map, which was recorded in 2006 as document no. 2006-
0478654.
B. The Cove Specific Plan requires Developer to construct certain drainage improvements per
the Engineering conditions of approval dated October 15, 2002 (the “Drainage Conditions”).
C. To ensure Developer’s completion of the Public Improvements, the City and Developer
entered into a Subdivision Improvement Agreements for Tract 30084, dated March 2, 2006, which
requires Developer to complete the improvements required by the Drainage Condition.
D. The Subdivision Improvement Agreement charges the City Engineer with determining
whether Developer has properly completed the improvements and whether to approve the
improvements.
E. The drainage improvements that Developer constructed did not function as City and
Developer intended, as evidenced by flooding occurring at the intersection of Cottonwood and
Warren caused by runoff from the developer’s project as well as other neighboring properties. The
City Engineer did not accept the improvements and therefore Developer has not yet satisfied the
Drainage Condition.
G. In lieu of constructing modified improvements to satisfy the Drainage Condition, the City
Engineer is willing to accept Developer’s provision of plans and specifications related to certain
regional drainage improvements serving the Tract and neighboring properties, together with
Developer’s payment of a fair share amount of the cost to construct such improvements, as
substantial compliance with the Drainage Conditions.
UNDERSTANDINGS OF THE PARTIES
1. Developer will, at its sole cost and expense, prepare and furnish to the City plans and
specifications (“Plans”) for a pump, pump housing, controller board, force main and
concrete channel serving the Tract 30084 and neighboring properties (the “Regional
Drainage Improvements”),
2. Within thirty days of execution of this Memorandum of Understanding, Developer shall
pay the amount of ONE HUNDRED AND SIXTY TWO THOUSAND FIVE
3.A.9.a
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HUNDRED DOLLARS ($162,500) to City for Developer’s fair share of the Regional
Drainage Improvements.
3. The Plans shall be subject to the City Engineer’s approval and acceptance in the City
Engineer’s sole discretion.
4. The City Engineer’s acceptance of the Plans and Developer’s payment of the fair share
amount shall constitute Developer’s substantial compliance with the Drainage Condition.
5. The City shall use Developer’s fair share payment to offset the City’s costs of constructing
the Regional Drainage Improvements.
6. This Memorandum of Understanding shall in no way limit, modify, release or otherwise
affect any agreement between the Parties or any obligations of Developer related to
completion of the Tract.
KB HOMES CITY OF SAN JACINTO
___________________________ _____________________________
By: City Manager
___________________________
By:
Concurrence:
______________________________
City Clerk
______________________________
City Manager
Approved to Form:
______________________________
City Attorney
3.A.9.a
Packet Pg. 265 Attachment: MOU with KB Home (Memorandum of Understanding Drainage Improvements Tract 30084)
May 17, 2022
TO: City Council
REQUESTED BY:
APPROVED BY:
SUBJECT:
Stuart McKibbin, City Engineer
Robert A. Johnson, City Manager
Parcel Map 37099
RECOMMENDATION:
Staff recommends that the City Council approve Parcel Map 37099 for 4664, for Latham
Management and Consulting Services, Inc.
DISCUSSION:
Parcel Map 37099 proposes to subdivide certain underlying parcel into 8 parcels. The site,
owned by Latham Management and Consulting Services, Inc. is located northwest corner of
Main Street and Ramona Expressway.
To comply with the Conditions of Approval, the applicant has executed a Subdivision
Improvement Agreement and posted bonds for completion of the public improvements and
submitted an in-lieu fee to guarantee the survey monumentation of the parcel map.
The City Engineer reviewed the tract map and recommends Council approval.
FISCAL IMPACT:
The applicant paid the necessary fees and deposits to prepare the parcel map for recordation.
There is no fiscal impact to City of San Jacinto.
ATTACHMENTS:
Parcel Map
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3.A.10.a
Packet Pg. 267 Attachment: Parcel Map (Parcel Map 37099)
3.A.10.a
Packet Pg. 268 Attachment: Parcel Map (Parcel Map 37099)
3.A.10.a
Packet Pg. 269 Attachment: Parcel Map (Parcel Map 37099)
3.A.10.a
Packet Pg. 270 Attachment: Parcel Map (Parcel Map 37099)
May 17, 2022
TO: City Council
REQUESTED BY:
APPROVED BY:
Stuart McKibbin, City Engineer
Robert A. Johnson, City Manager
SUBJECT: Esplanade Widening & San Jacinto Valley Raw Water Conveyance
Facilities Phase 1
RECOMMENDATION:
Staff recommends that the City Council authorize City Attorney to amend the Interagency
Agreement with Eastern Municipal Water District (EMWD) associated with the EMWD Raw
Water Conveyance, to obtain $71,000 reimbursement for City environmental costs, and to obtain
defense, hold harmless and indemnify for any costs arising from EMWD's work, and authorize
the City Manager to execute the Amendment in a form as approved by the City Attorney.
DISCUSSION:
The City and EMWD have projects located within Esplanade Avenue between Warren Road and
Sanderson Avenue. EMWD’s San Jacinto Valley Raw Water Conveyance Facilities Phase 1
Program consists of the installation of 6 miles of large water transmission pipelines, and cathodic
protection of EMWD’s facilities, as well as the construction of a chlorination facility near the
Northeast corner of Esplanade Avenue and Warren Road. The City’s Esplanade Avenue Street
Improvements include widening Esplanade Avenue between Sanderson and Warren Road, along
with installation of sidewalk, curb and gutter, and two new traffic signals, one at Warren Road
and Esplanade Avenue and the other at Cawston Avenue and Esplanade Avenue.
On March 2, 2021 the Council approved an Interagency Agreement with EMWD that assists in
coordinating the two projects and outlines the responsibilities of the City and EMWD regarding
items such as utility relocations, reimbursements, inspectors, and shared resources.
Since then, EMWD’s contractor’s start date along Esplanade has slipped due to delays with
fabrication and delivery of pipe, and utility conflicts. Moreover, the City has already mitigated
for environmental impacts of the City’s project and EMWD’s project is within the same
construction footprint of the City’s widening project. As the agencies are cooperating in the
project and mitigating the same impacts, EMWD has agreed to contribute towards the City’s
mitigation expenses and to defend and indemnify the City against any claims related to EMWD’s
portion of the project.
Amendment No. 1 to the Interagency Agreement is necessary to cover EMWD reimbursing the
City for their $71,000 fair share of the City’s cost of environmental mitigation and the cost to
obtain the environmental permits; and to defend, hold harmless, and indemnify the City against
any challenges to EMWD’s implementation of its project in accordance with the City’s
environmental permits.
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If Council approves the proposed terms for Amendment No. 1, the City Attorney’s office will
draft and finalize Amendment No. 1 for execution by all parties. If any substantive changes are
required, the agreement would be brought back to City Council for further consideration.
FISCAL IMPACT:
As part of Amendment No. 1, EMWD agrees to reimburse $71,000 to the City of San Jacinto for
its fair share of environmental mitigation and the cost to obtain environmental permits.
ATTACHMENTS:
Esplanade Avenue Vicinity Map
Esplanade Avenue EMWD Interagency Agreement
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WARREN ROADESPLANADE AVE.ALABASTE AVE.CINNABAR AVE.CAWSTON AVE.SANDERSON AVE.EATON AVE.
7TH STREET
EETTIRIRKKAALL
INTERAGENCY AGREEMENT PROJECT COORDINATION AREA
LEGEND:
3.A.11.a
Packet Pg. 273 Attachment: Esplanade Avenue Vicinity Map (Esplanade Widening & San Jacinto Valley Raw Water
3.A.11.b
Packet Pg. 274 Attachment: Esplanade Avenue EMWD Interagency Agreement (Esplanade Widening & San Jacinto Valley Raw Water Conveyance Facilities
3.A.11.b
Packet Pg. 275 Attachment: Esplanade Avenue EMWD Interagency Agreement (Esplanade Widening & San Jacinto Valley Raw Water Conveyance Facilities
3.A.11.b
Packet Pg. 276 Attachment: Esplanade Avenue EMWD Interagency Agreement (Esplanade Widening & San Jacinto Valley Raw Water Conveyance Facilities
3.A.11.b
Packet Pg. 277 Attachment: Esplanade Avenue EMWD Interagency Agreement (Esplanade Widening & San Jacinto Valley Raw Water Conveyance Facilities
3.A.11.b
Packet Pg. 278 Attachment: Esplanade Avenue EMWD Interagency Agreement (Esplanade Widening & San Jacinto Valley Raw Water Conveyance Facilities
3.A.11.b
Packet Pg. 279 Attachment: Esplanade Avenue EMWD Interagency Agreement (Esplanade Widening & San Jacinto Valley Raw Water Conveyance Facilities
3.A.11.b
Packet Pg. 280 Attachment: Esplanade Avenue EMWD Interagency Agreement (Esplanade Widening & San Jacinto Valley Raw Water Conveyance Facilities
3.A.11.b
Packet Pg. 281 Attachment: Esplanade Avenue EMWD Interagency Agreement (Esplanade Widening & San Jacinto Valley Raw Water Conveyance Facilities
3.A.11.b
Packet Pg. 282 Attachment: Esplanade Avenue EMWD Interagency Agreement (Esplanade Widening & San Jacinto Valley Raw Water Conveyance Facilities
3.A.11.b
Packet Pg. 283 Attachment: Esplanade Avenue EMWD Interagency Agreement (Esplanade Widening & San Jacinto Valley Raw Water Conveyance Facilities
3.A.11.b
Packet Pg. 284 Attachment: Esplanade Avenue EMWD Interagency Agreement (Esplanade Widening & San Jacinto Valley Raw Water Conveyance Facilities
3.A.11.b
Packet Pg. 285 Attachment: Esplanade Avenue EMWD Interagency Agreement (Esplanade Widening & San Jacinto Valley Raw Water Conveyance Facilities
3.A.11.b
Packet Pg. 286 Attachment: Esplanade Avenue EMWD Interagency Agreement (Esplanade Widening & San Jacinto Valley Raw Water Conveyance Facilities
3.A.11.b
Packet Pg. 287 Attachment: Esplanade Avenue EMWD Interagency Agreement (Esplanade Widening & San Jacinto Valley Raw Water Conveyance Facilities
May 17, 2022
TO: City Council
REQUESTED BY: Michael Maurer, City Attorney
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Approval of License Agreement on Tribal Trust Land for Traffic Light
Maintenance
RECOMMENDATION:
Staff recommends that the City Council approve the License Agreement with the Soboba Band
of Luiseno Indians.
DISCUSSION:
The Soboba Economic Development Corporation is in the process of developing a new retail
center at the corner of Lake Park Drive and Soboba Road, on the site previously referred to as
the Horseshoe Grande, across Lake Park Drive from the Casino. In order to develop the site, the
SEDC needs to install a traffic signal on Lake Park Drive. Some of the signal facilities and other
improvements will be on Tribal land, and the City needs an agreement to be able to access the
Tribal land and maintain the signal.
The development site was part of the fee-to-trust process completed several years ago prior to the
opening of the Casino. The site was originally owned by the Soboba Band of Luiseno Indians
and is now held in trust by the federal government for the benefit of the Tribe. Under federal law,
the Tribal Council may grant a license to enter the site, provided that the license is less than
seven years in duration. The Tribe may apply to the federal government for a more permanent
license.
The proposed License Agreement allows the City to access the site for six years and 364 days.
During this time, the Tribe will develop the site and apply for a more permanent easement for the
City. The City and Tribe will continue to work together to reach a permanent solution. If, for any
reason, an easement is not granted, either the license will be extended or access to Lake Park
Drive will be restricted.
The License Agreement is being presented to the Tribal Council for approval. If a signed License
Agreement is not received prior to the City Council meeting, staff will recommend this item be
continued.
FISCAL IMPACT:
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There is no fiscal impact associated with this item. The Tribe will be installing the traffic signal
and has agreed to defend and indemnify the City for any claims resulting from the License
Agreement.
ATTACHMENTS:
DRAFT License Agreement
ATTACHMENTS:
San Jacinto - (Draft) Temporary Access License
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LICENSE AGREEMENT
This License and Agreement (“License”) is entered into as of April __, 2022, by and
between the Soboba Band of Luiseno Indians (“Tribe”) and the City of San Jacinto (“City”).
RECITALS
A. The Tribe desires to grant the City a temporary right of way on tribal trust land
adjacent to the east side of Lake Park Drive, a City street which varies in width
from center line.
B. In response to a request from the Tribe which needs access to Lake Park Drive to
construct the Tribe’s economic development project, the City has approved the
Tribe’s street widening plans and the location of upgraded traffic signal lights on
Lake Park Drive adjacent to 23121 Soboba Road, San Jacinto, CA 92583. The
purpose of the upgraded traffic signal lights is to serve an economic development
project at that site (Development).
C. The purpose of the temporary right of way is to permit the City access to maintain
new traffic signal lights which will be located on land held in trust for the Tribe by
the United States ("trust land").
D. The Development intends to include a traffic signal to serve vehicles entering
and exiting the Development and Lake Park Drive. Given the current right-of-
way and existing constraints, Lake Parke Drive will have to be widened and
portions of the traffic signal facilities will have to be located on the
Development property, which the United States holds in trust for the Tribe. The
purpose of the temporary right of way is to permit the City to have unimpeded
access to the traffic signal facilities for maintenance and public safety.
E. The Act of February 5, 1948 (25 U.S.C. 323-328) authorizes the Tribe to grant a
right-of-way easement to the City with the approval of the Secretary of the
Interior through the Bureau of Indian Affairs, which may take an undetermined
amount of time. The purpose of this License, therefore is to establish a
temporary right of access to the traffic signal facilities while the Tribe and City
diligently pursue a permanent easement through the Bureau’s application
process.
F. 25 U.S.C. § 81 authorizes the Tribe to grant a license on property held in trust
for the Tribe for a period of less than seven (7) years. The Tribe therefore
3.A.12.a
Packet Pg. 290 Attachment: San Jacinto - (Draft) Temporary Access License (Approval of License Agreement on Tribal Trust Land for Traffic Light
intends to grant this License to City for the purposes and upon the terms set
forth herein.
NOW, THEREFORE, in consideration of the foregoing recitals and promises and the
following promises, covenants and agreements, and for other good and valuable consideration
the receipt and sufficiency of which is hereby acknowledged by both parties hereto, the parties
hereby agree as follows:
AGREEMENT
1. Grant of License. The Tribe grants to the City and its agents, employees, consultants,
designees and contractors a right-of-way onto a portion of the Development site
described in Exhibit A for a period not to exceed six (6) years and three hundred sixty-
four (364) days from the Effective Date. The property subject to this License is more
particularly identified in Exhibit “A,” attached hereto and shown on the diagram at
Exhibit “B” attached hereto. This License shall be solely for the purpose of enabling the
City to utilize and maintain facilities for a traffic signal at Lake Park Drive and the
entrance to the Development, and to perform all other tasks that are necessary or
convenient to operation of the traffic signal. The Tribe hereby waives any right to
payment from City for this License or for the proposed right of way, and the Tribe
hereby waives any right to require the City to make any deposit to cover the cost of any
potential damages relating to the use of the License.
2. Effective Date. This License shall be deemed to be effective upon either the state of
installation or the start of operation. The Tribe shall notify the City of the effective
date of the License.
3. Restrictions. This License does not authorize the City to grant any easements or
similar rights to any entity including but not limited to utility companies, local or state
government agencies, or private persons. All easements and similar rights which
encumber the Development Site, including the land within the area of this License,
must be granted only by the Tribe in compliance with applicable law. The City may
grant temporary access to other entities to the area covered by this License for
purposes related to scope of the License, for example, for maintenance and repair.
4. Indemnification. The Tribe shall indemnify and hold the City, its City Council, and
its members, contractors, agents, consultants and employees harmless from any
liability for damage caused by the acts or omissions of the Tribe or any of its
employees, contractors or agents in relation to this License; and shall reimburse the
City for any damage caused to any City facilities within the License Area.
5. Right-of-Way Application. The Tribe and the City shall cooperate to diligently
prepare and pursue an application to be filed with the U.S. Department of Interior,
3.A.12.a
Packet Pg. 291 Attachment: San Jacinto - (Draft) Temporary Access License (Approval of License Agreement on Tribal Trust Land for Traffic Light
Bureau of Indian Affairs pursuant to 25 U.S.C. Secs. 323-328 and 25 C.F.R. Part
169 to grant the City a permanent right-of-way easement covering the License Area
(the “Easement”). The Tribe shall be responsible for all costs of the application and
shall perform all tasks necessary to prepare, grant and perfect the Easement. If the
application is approved prior to the expiration of this License, this License shall be
deemed to merge with rights granted in the right-of-way easement.
6. Extension. The Tribe acknowledges and agrees that the traffic signal on Lake Park
Drive is necessary for traffic to ingress and egress the Development and that the City
must have continuous, uninterrupted and immediate access to the traffic signal
facilities for maintenance and public safety. Therefore, prior to the expiration of this
License, the Tribe shall either: (a) obtain approval for and perfection of the Easement,
or (b) extend (or re-issue) this License for the maximum amount of time allowed by
law. At least one (1) year prior to expiration of this License, the Tribe shall notify the
City of the status of the Tribe’s application for the City's Easement.
7. Default. If the application for a permanent right of way is not granted or if the Tribe
fails to extend this License, or if this License for any other reason becomes
ineffective, then the Tribe acknowledges and agrees that the City must cause the
traffic signal to cease to function and therefore must close access between Lake Park
Drive and the Development. The Tribe shall grant all rights necessary for the City to
render the traffic signal ineffective and to block vehicular access between the
Development and Lake Park Drive. The Tribe shall hold the City harmless and defend
and indemnify the City against any action resulting from the City’s termination of the
traffic signal and of access to Lake Park Drive. The terms of this Paragraph shall
survive termination of this License.
8. Limited Waiver of Sovereign Immunity. The Tribe, through approval of this License
by its Tribal Council, hereby waives its sovereign immunity and treaty rights against
suit, liability, judgment and collection with respect to the obligations and duties under
(1) this License and (2) the laws of the State of California and the laws of the United
States to the extent either or both relates to the subject matter of the transaction
contemplated by this License; and Tribe hereby agrees to the exclusive jurisdiction of
and venue in the Superior Court of California for the County of Riverside with respect
to all such suit, liability, judgment and collection, except with respect to those suits,
liabilities, judgments and collections subject to the exclusive jurisdiction of the United
States for which Tribe hereby agrees to the exclusive jurisdiction of and venue in the
United States District Court for the Central District of California or such other
jurisdiction and venue where required by law. The terms of this Paragraph shall
survive termination of this License.
9. Expiration. This temporary access permit shall expire six (6) years and three hundred
and sixty-four days from the date of signing. Prior to the expiration of the temporary
3.A.12.a
Packet Pg. 292 Attachment: San Jacinto - (Draft) Temporary Access License (Approval of License Agreement on Tribal Trust Land for Traffic Light
access permit, if no easement pursuant to paragraph 5 above has been granted, the
Tribe and the City shall meet to determine the method by which continued permission
to access this area shall be authorized. If no easement pursuant to paragraph 5 above
has been granted, the Tribe and the City shall meet no later than five (5) years and
three hundred sixty-four (364) days from the effective date of this temporary access
permit.
10. General Terms. This is an integrated agreement representing the entire understanding
of the parties as to those matters contained herein, and supersedes and cancels any
prior oral or written understanding or representations with respect to matters covered
hereunder. The unenforceability, invalidity or illegality of any provision(s) of this
License shall not render the other provisions unenforceable, invalid or illegal. This
License may not be modified or altered except in writing signed by both parties. Each
party hereby represents and warrants that the execution, delivery, and performance of
this License has been duly and validly authorized by each party, and each individual
executing this License hereby represents and warrants that he or she has the full power
and authority to execute the same on behalf of the named parties. Nothing contained
herein will be construed as creating any joint venture, partnership, or agency, or as
making any party the fiduciary of any other. This License may be executed in
counterparts, each of which will be deemed an original, and all of which, taken
together, will constitute but a single instrument.
IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of
the date set forth in the preamble above.
CITY OF SAN JACINTO SOBOBA BAND OF INDIANS
(“City”) ("Tribe")
By: By:
Robert A. Johnson Isaiah Vivanco
City Manager Chairman
Date: ___ __, 2022 Date: ___ __, 2022
3.A.12.a
Packet Pg. 293 Attachment: San Jacinto - (Draft) Temporary Access License (Approval of License Agreement on Tribal Trust Land for Traffic Light
May 17, 2022
TO: City Council
REQUESTED BY: Michael Maurer, City Attorney
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Resolution 3915 - Resolution of Necessity
RECOMMENDATION:
Staff recommends that the City Council:
1)CONDUCT a hearing to consider the adoption of a resolution of necessity, including
providing all parties interested in the affected property and their attorneys, or their
representatives, an opportunity to be heard on the issues relevant to the resolutions of
necessity;
2)MAKE the following findings as hereinafter described in this report:
a)The public interest and necessity require the proposed project;
b)The project is planned or located in a manner that will be most compatible with the
greatest public good and the least private injury;
c)The real property to be acquired is necessary for the project;
d)The offer of just compensation has been made to the owner; and
3)ADOPT Resolution No. 3915 entitled:
RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A
PERMANENT ROADWAY EASEMENT IN A PORTION OF CERTAIN
REAL PROPERTY, BY EMINENT DOMAIN, LOCATED AT THE
SOUTHWEST CORNER OF NORTH VERNON AVENUE AND ARTESIA
STREET, SAN JACINTO, CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS ASSESSOR PARCEL NO. 434-292-017, IN RIVERSIDE
COUNTY, CALIFORNIA, FOR THE FUTURE FULL-WIDTH
WIDENING OF VERNON AVENUE, IN RIVERSIDE COUNTY,
CALIFORNIA
DISCUSSION:
The City Council is being asked to consider the adoption of a resolution of necessity for the
interest in the parcel listed below. This interest is required for the City of San Jacinto’s (“City”)
Vernon Street Widening Project (“Project”). The portion of Vernon Avenue between Artesia and
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First Street is more narrow than the portions north of Artesia and south of First, which have been
fully improved. Acquiring right-of-way to widen Vernon will avoid the “bottleneck” currently
occurring in this area and allow the full expanse of Vernon Avenue to be fully improved. The
widening work may be included within another roads improvement project or separately bid out
at a future point in time.
The City obtained an appraisal of the affected property from Santolucito Dore Group, Inc. and
made an offer of just compensation to the property owner pursuant to California Government
Code section 7267.2. Property profiles from First American Title and DataTree were ordered to
determine the identity of the record owner. Following standard public records and due diligence
searches for ownership information, a notice of this public hearing was mailed to the property
owner.
The power of eminent domain is used by the City only as a last resort to obtain interests
necessary for projects after 1) negotiations have stalled; or 2) the owner has requested that the
City proceed directly to eminent domain for tax or other advantages; or 3) the eminent domain
process is necessary to clear the title to the property. In this case, an offer of just compensation
has been made to the owners for the full Fair Market Value as determined by appraisals. City
staff attempted to negotiate amicable settlements in good faith, and will continue to do so
throughout the process. California’s definition of Fair Market Value is one of the most inclusive
definitions in the United States and requires the appraiser to consider the highest and best use of
the property and the appraiser to consider the highest price a willing buyer and seller would
agree to. The City’s appraisals must use this definition of Fair Market Value.
California eminent domain law provides that a public entity may not commence with eminent
domain proceedings until its governing body has adopted a Resolution of Necessity, which may
only be adopted after the governing body has given each party with an interest in the affected
property, or their representatives, a reasonable opportunity to appear and be heard on the
following matters:
1) The public interest and necessity require the proposed project;
2) The project is planned or located in a manner that will be most compatible with the
greatest public good and the least private injury;
3) The real property to be acquired is necessary for the project; and
4) The offers of just compensation have been made to the property owner.
Since an agreement has not been reached with the owner of the parcel, acquisition by eminent
domain is the City’s last option. The initiation of the eminent domain process is accomplished by
the City’s adoption of a resolution of necessity for the affected property.
The record owner must be afforded an opportunity to appear at the hearing and lodge objections.
A notice of this hearing was sent by first class mail on May 2, 2022, to each record owner in
accordance with Section 1245.235 of the California Code of Civil Procedure. The notice stated
the City’s intent to consider the adoption of a resolution, the right of the property owner to
appear and be heard on these issues, and that failure to file a written request to appear would
result in a waiver of the right to appear and be heard. The City scheduled this hearing at which
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all persons who filed a written request in compliance with applicable law may appear and be
heard.
DESCRIPTION OF PROPERTY TO BE ACQUIRED:
This property is owned by Frederic Monk (1/3rd interest), Marcus Monk (1/3rd interest),
Kathleen Monk (1/6th interest), Perry De Angelo (1/6th interest). The property consists of 1.26
acres of vacant land and is located on the southwest corner of North Vernon Avenue and Artesia
Street in the City of San Jacinto. The property’s does not have a situs address, and is most
commonly identified as Assessor Parcel Nos. 434-292-017.
The proposed acquisition is a permanent easement in a portion of the certain real property
consisting of 9,258 square feet.
HEARINGS AND REQUIRED FINDINGS:
The recommended action of the City Council pertains to the acquisition of a permanent roadway
easement interest in a portion of certain real property known as Assessor Parcel No. 434-292-017
owned by Frederic Monk, Marcus Monk, Kathleen Monk and Perry DeAngelo (collectively
referred to as the “Property Owners”).
The above four required findings are addressed as follows:
Finding 1: Public Interest and Necessity Require the Project
Vernon Avenue is a north-south street connecting Ramona Expressway on the north with
Main Street on the south. Vernon Avenue has been fully improved except for the portion
between Artesia Street to 1st Street. This portion of Vernon Avenue has only been
improved on the east side. The City is planning to widen the west side of Vernon Avenue
by installing curb, gutter, sidewalk, and pavement. To complete the Project, additional
property along the west side of Vernon Avenue will be needed. This Project requires
right of way acquisitions from four properties, including a 9,258 square foot permanent
roadway easement interest from a portion of the Property owned by the Property Owners.
Finding 2: The Project is Planned or Located in a Manner Most Compatible with
Greatest Public Good and Least Private Injury
The 9,258 square foot Subject Property is residentially zoned and it is currently
unimproved and vacant. The proposed acquisition is located along the eastern boundaries,
adjacent to Vernon Avenue. There are no site improvements within the acquisition area.
Given that the Subject Property is vacant, the impacts due to construction in the manner
proposed are minimal and not anticipated to negatively impact the remainder parcel. To
move this project elsewhere would require significant reconstruction of street
infrastructure, cause a greater impact in the new location as well as to nearby residents,
and be much more costly at the expense of local taxpayers.
Finding 3: The Real Property to be Acquired is Necessary for the Project
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The existing half-width right of way for Vernon Avenue is 33 feet, and the ultimate full -
width right of way is 63 feet. The existing pavement is at the existing right of way limit
and as the roadway is improved to full-width, the ultimate right of way is required.
Finding 4: The Offer of Just Compensation Has Been Made
Appropriate sources, including property profiles from First American Title and property
research from DataTree, were used to confirm and identify the parties with an interest in
the property affected by the Project. Santolucito Dore Group, Inc. conducted an appraisal
for the property and determined the fair market value of the property to be acquired. On
March 21, 2022, the City made an offer of just compensation for the amount of
$38,000.00 to the property owners to purchase the permanent roadway easement interest
in a portion of certain real property as established by the approved appraisal and as
required by Section 7267.2 of the California Government Code. The Property Owners
responded and indicated that they would consider selling the entire APN to the City, but
were not interested in selling just the right of way needed by the City.
Although a negotiated settlement may still be possible for the real property cited above, it
would be appropriate to commence the procedures to acquire the property through
eminent domain, to ensure that the City has possession of the real property, which is
necessary in order for the City to begin construction of the Project.
ENVIRONMENTAL ANALYSIS:
The proposed Project, which involves the acquisition of an easement for street widening and
installing of curb, gutter, sidewalk, and pavement upgrades to an existing street, is exempt from
further environmental review under the California Environmental Quality Act (Pub. Resources
Code, § 21000 et seq.). Specifically, State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et
seq.) section 15301 (existing facilities) exempts the proposed Project from further environmental
review, as it involves alterations to an existing street and would not expand the use beyond that
designated in the City’s General Plan. Additionally, the Project is exempt pursuant to State
CEQA Guidelines section 15304 (minor alteration to land), as it involves minor public
alterations of land to accommodate the planned roadway. The Project is also exempt pursuant to
State CEQA Guidelines section 15305 (minor alteration in land use limitations), as it involves
the acquisition of an easement for roadway purposes and will not result in any changes in land
use or density. None of the exceptions to the categorical exemptions listed above apply to the
Project. The site is not located in a particularly sensitive environment. The Project would not
result in cumulative impacts, as it involves the acquisition of an easement to effectuate a road
pursuant to the City’s General Plan. There are no unusual circumstances surrounding this
acquisition, the site is not located on a scenic highway or hazardous waste site, and there would
not be a substantial adverse change in the significance of a historical resource as the site is
adjacent to disturbed roadway. Additionally, the project is also exempt from further
environmental review under CEQA Guidelines section 15061 (b) (3) Common Sense Exemption,
as it can be seen with certainty that the construction of the missing segment of Vernon Avenue to
General Plan specifications, will not have a direct or indirect impact to the Environment. No
further environmental review or findings are required prior to the City’s action on the proposed
Resolution of Necessity.
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FISCAL IMPACT:
The associated cost for said acquisition to the City is the appraised value, $38,000.00. Therefore,
the attached City Resolution No. 3915 amends the Adopted FY 2022/23 budget for revenues and
expenditures associated with the Resolution of Necessity. The $38,000.00 would be expended
from Fund #027 (SB1 RMRA).
ATTACHMENTS:
Resolution No. 3915
Map
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Resolution No. 3915
Page 1 of 10
STATE OF CALIFORNIA ) RESOLUTION NO. 3915
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A PERMANENT
ROADWAY EASEMENT IN A PORTION OF CERTAIN REAL PROPERTY, BY
EMINENT DOMAIN, LOCATED AT THE SOUTHWEST CORNER OF NORTH
VERNON AVENUE AND ARTESIA STREET, SAN JACINTO, CALIFORNIA,
MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 434-292-
017, IN RIVERSIDE COUNTY, CALIFORNIA, FOR THE FUTURE FULL-WIDTH
WIDENING OF VERNON AVENUE, IN RIVERSIDE COUNTY, CALIFORNIA
WHEREAS, the City of San Jacinto (“City”) proposes to acquire a permanent
roadway easement interest in a portion of real property, located in Riverside County,
California, more particularly described as Assessor Parcel No. 434-292-017, for the future
full-width widening of Vernon Avenue in Riverside, California, pursuant to the authority
granted to it by section 37350.5 of the California Government Code; and
WHEREAS, pursuant to section 1245.235 of the California Code of Civil
Procedure, the City scheduled a public hearing for May 17, 2022, at 6:30 p.m., at the City
of San Jacinto Community Center, located at 625 S. Pico Avenue, San Jacinto, California,
92583, and gave to each person whose property is to be acquired and whose name and
address appeared on the last equalized county assessment roll, notice and a reasonable
opportunity to appear at said hearing and be heard on the matters referred to in section
1240.030 of the California Code of Civil Procedure; and
WHEREAS, said hearing has been held by the City, and the affected property
owners were afforded an opportunity to be heard on said matters; and
WHEREAS, the City may now adopt a Resolution of Necessity pursuant to section
1240.040 of the California Code of Civil Procedure;
NOW, THEREFORE, THE CITY DOES HEREBY RESOLVE AND DECLARE
AS FOLLOWS:
4.1.a
Packet Pg. 299 Attachment: Resolution No. 3915 (Resolution 3915 - Resolution of Necessity)
Resolution No. 3915
Page 2 of 10
Section 1. Compliance with California Code of Civil Procedure.
There has been compliance by the City with the requirements
of section 1245.235 of the California Code of Civil Procedure
regarding notice and hearing.
Section 2. Public Use. The public use for the permanent roadway
easement interest in a portion of the certain real property to
be acquired is for future full-width widening of Vernon Avenue
in Riverside, California. Section 37350.5 of the California
Government Code authorizes the City to acquire, by eminent
domain, property necessary for such purposes.
Section 3. Description of Property. Attached and marked as Exhibit “A”
are the legal definitions, and legal description, respectively, of
the interest to be acquired by the City, which describe the
general location and extent of the property with sufficient
detail for reasonable identification.
Section 4. Findings. The City hereby finds and determines each of the
following:
a) The public interest and necessity require the proposed
project;
b) The proposed project is planned or located in the
manner that will be most compatible with the greatest
public good and least private injury;
c) The properties defined, described, and depicted in
Exhibit “A” are necessary for the proposed project;
and
d) The offers required by section 7267.2 of the California
Government Code was made.
Section 5. Use Not Unreasonably Interfering with Existing Public
Use. Some or all of the real property affected by the interest
to be acquired is subject to easements and rights-of-way
appropriated to existing public uses. The legal descriptions of
these easements and rights-of-way are on file with the City
and describe the general location and extent of the
easements and rights-of-way with sufficient detail for
reasonable identification. In the event the herein described
use or uses will not unreasonably interfere with or impair the
4.1.a
Packet Pg. 300 Attachment: Resolution No. 3915 (Resolution 3915 - Resolution of Necessity)
Resolution No. 3915
Page 3 of 10
continuance of the public use as it now exists or may
reasonably be expected to exist in the future, counsel for the
City is authorized to acquire the herein described property
subject to such existing public use(s) pursuant to section
1240.510 of the California Code of Civil Procedure.
Section 6. More Necessary Public Use. Some or all of the real property
affected by the interest to be acquired is subject to easements
and rights-of-way appropriated to existing public uses. To the
extent that the herein described use or uses will unreasonably
interfere with or impair the continuance of the public use as it
now exists or may reasonably be expected to exist in the
future, the City finds and determines that the herein described
use or uses are more necessary than said existing public use.
Counsel for the City is authorized to acquire the herein
described real property appropriated to such existing public
uses pursuant to section 1240.610 of the California Code of
Civil Procedure. Staff is further authorized to make such
improvements to the affected real property that it determines
are reasonably necessary to mitigate any adverse impact
upon the existing public use.
Section 7. Further Activities. Counsel for the City is hereby authorized
to acquire the hereinabove described real property in the
name of and on behalf of the City by eminent domain, and
counsel is authorized to institute and prosecute such legal
proceedings as may be required in connection therewith.
Legal counsel is further authorized to take such steps as may
be authorized and required by law, and to make such security
deposits as may be required by order of court, to permit the
City to take possession of and use said real property at the
earliest possible time. Counsel is further authorized to correct
any errors or to make or agree to non-material changes in the
legal description of the real property that are deemed
necessary for the conduct of the condemnation action, or
other proceedings or transactions required to acquire the
subject real property. Counsel is further authorized to reduce
or modify the extent of the interests or property to be acquired
so as to reduce the compensation payable in the action where
such change would not substantially impair the construction
4.1.a
Packet Pg. 301 Attachment: Resolution No. 3915 (Resolution 3915 - Resolution of Necessity)
Resolution No. 3915
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and operation for the project for which the real property is
being acquired.
Section 8. Effective Date. This Resolution shall take effect upon
adoption.
PASSED, APPROVED AND ADOPTED this 17th day of May, 2022.
AYES:
NAYS:
ABSENT:
ABSTAIN:
CITY OF SAN JACINTO
_______________________________
Crystal Ruiz, Mayor
ATTEST:
__________________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER LLP
__________________________________
Michael J. Maurer, City Attorney
4.1.a
Packet Pg. 302 Attachment: Resolution No. 3915 (Resolution 3915 - Resolution of Necessity)
Resolution No. 3915
Page 5 of 10
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
I, Julia Espinoza, City Clerk of the City of San Jacinto, do hereby certify that
the foregoing Resolution No. 3915 was 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 17th day of May 2022:
AYES:
NAYS:
ABSENT:
ABSTAIN:
WITNESS MY HAND AND OFFICIAL SEAL this 17th day of May 2022.
_____________________________
Julia Espinoza, City Clerk
4.1.a
Packet Pg. 303 Attachment: Resolution No. 3915 (Resolution 3915 - Resolution of Necessity)
Resolution No. 3915
Page 6 of 10
EXHIBIT A
Legal Definition
The following is the definition of legal rights to be acquired by the City of San
Jacinto:
4.1.a
Packet Pg. 304 Attachment: Resolution No. 3915 (Resolution 3915 - Resolution of Necessity)
Resolution No. 3915
Page 7 of 10
“Permanent Roadway Easement” refers to a non-exclusive permanent and
perpetual easement and right of way in favor of the City, and to its successors, and
assigns, hereinafter described together with the right to forever construct, maintain,
improve, alter, relocate, inspect, occupy, and use for the construction and maintenance
of streets and underground lines, power poles, public utilities, and other public uses, as
determined necessary by the City together with all necessary rights incidental thereto, on,
over, under, and across the property in connection with the exercise of any easement
rights described herein.
Property Owner shall not erect or construct, or permit to be erected or constructed,
any building, structure, or improvement on, over, or under any portion of the easement,
or plant trees or any other vegetation on any portion of the easement except with the prior
written consent of the City, its successors and assigns.
The City shall have the right to trim, cut or clear away any trees, brush, or other
vegetation from time to time as determined in its sole discretion, without payment of
additional compensation.
No other easements shall be granted on, under, or over the easement without the
prior written consent of the City, its successors, and assigns.
The ground elevations of the roadway upon completion of construction shall not
be further increased or decreased without the prior written consent of the City.
Property Owner shall not cause, directly, indirectly, or negligently, any interference
with or harm to the rights conveyed hereunder.
4.1.a
Packet Pg. 305 Attachment: Resolution No. 3915 (Resolution 3915 - Resolution of Necessity)
Resolution No. 3915
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Packet Pg. 306 Attachment: Resolution No. 3915 (Resolution 3915 - Resolution of Necessity)
Resolution No. 3915
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Packet Pg. 307 Attachment: Resolution No. 3915 (Resolution 3915 - Resolution of Necessity)
Resolution No. 3915
Page 10 of 10
4.1.a
Packet Pg. 308 Attachment: Resolution No. 3915 (Resolution 3915 - Resolution of Necessity)
4.1.b
Packet Pg. 309 Attachment: Map (Resolution 3915 - Resolution of Necessity)
4.1.b
Packet Pg. 310 Attachment: Map (Resolution 3915 - Resolution of Necessity)
May 17, 2022
TO: City Council
REQUESTED BY:
APPROVED BY:
SUBJECT:
Robert Brady, Special Projects Director
Robert A. Johnson, City Manager
Sister Cities Program
RECOMMENDATION:
Staff recommends that the City Council consider a request by Councilman Ledezma to establish
a sister city program with Cuquio, Jalisco, Mexico.
DISCUSSION:
The City of San Jacinto previously participated in the Sister City program in 1991. The landing
of a historic airplane flight in 1937 resulted in the City of San Jacinto adopting the Russian City
of Zhukovsky as its sister city. On July 14, 1937, three Russian pilots landed their plane in a San
Jacinto farmer's cow pasture after flying a distance of 6,305 miles non -stop from Moscow. The
transpolar flight lasted 62 hours and 17 minutes, establishing a world record for the distance of a
non-stop flight. The intended destination for the experimental plane was San Diego, but due to
fog, the crew was forced to find an alternative location to land. The flight was one of several
experimental flights to determine the feasibility of commercial routes from Moscow to the
United States. The City of Zhukovsky was chosen as the sister city since it was home to the
Mikhail Gromov Flight Research Institute, an aviation school named for the Commander of the
flight.
The City entered into an agreement with the City of Zhukovsky, located in the Moscow region of
Russia, to establish a friendship and cultural exchanges between the communities with the intent
of improving relations between the United States and the former Union of Soviet Socialist
Republics. The agreement stated that the cities would annually coordinate exchanges between
official delegations, educational representatives, youth groups, business persons, and sports
organizations to share cultural information about the activities of the people living and working
in each City.
Although the annual exchanges have not occurred as outlined in the agreement, San Jacinto and
Zhukovshy have commemorated their relationship on several occasions over the years. In 1995,
a delegate from Zhukovsky, Lena Nazarova, provided a Russian Salt Urn that was presented to
the City. During July of 2007, a historical marker was placed on Cottonwood Avenue at Fire
Station #78 near the landing site to recognize the 70th anniversary of the flight. The most recent
event was held almost five years ago, on July 14, 2017, at Fire Station #78 to celebrate the 80 th
anniversary of the flight.
Sister Cities International is a nonprofit organization that embraces creating and str engthening
diplomatic and economic partnerships between international communities and U.S. cities. The
4.2
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Sister City concept began in 1956 when U.S. President Dwight D. Eisenhower called for people-
to-people exchanges at a special White House Summit on citizen diplomacy. Originally proposed
as part of the National League of Cities, the program became an independent nonprofit
organization in 1967. Sister Cities International is the national membership organization for
sister city programs in the United States. The network represents more than 2,500 communities
in 125 countries around the world.
As an international membership organization, Sister Cities International officially certifies,
represents, and supports partnerships between U.S. cities, counties, states, and similar
jurisdictions in other countries to ensure their continued commitment and success. Sister Cities
International's stated goals are to:
Develop municipal partnerships between U.S. cities, counties, and states and similar
jurisdictions in other nations.
Provide opportunities for city officials and citizens to experience and explore other
cultures through long-term community partnerships.
Create an atmosphere in which diplomatic, economic, and community
development/cultural relationships can be implemented and strengthened.
Typically, cities agree to become sister cities based on cultural, economic, social, or historical
links that they have in common.
San Jacinto is currently not an active member of Sister Cities International and has not
participated in the program for many years. The diplomatic, economic, and cultural benefits the
City has received over the years from its relationship with Zhukovsky have been positive but
minimal.
Councilman Ledezma has requested that the City Council consider working with the town of
Cuquio, Jalisco, Mexico, to establish a Sister City partnership. The Municipality of Cuquio (both
the town and municipality share the same name) is located in central -western Mexico,
approximately 28 miles northeast of Guadalajara. The municipality covers an area of 248 square
miles and has a population of approximately 20,000 as of 2020. The municipality includes 174
towns, with the town of Cuquio having the largest population of approximately 5,000 residents.
The town of Cuquio is centrally located in the municipality. Over 80% of the towns (140) have a
population less than 100 inhabitants.
Agriculture is the primary economic activity in the municipality. Crops include corn sorghum,
oats, tomatoes, and beans. Cattle, pigs, goats, sheep, and poultry are raised in the region. The
primary industrial activities include pottery, manufacture of wood products, huaraches footwear,
and embroidery. The mining of magnesium, silver, lime, and quarry stone also contributes to the
local economy.
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Sister Cities International has adopted various policies to guide the formation of a Sister City
relationship including, but not limited, to the following:
A Sister City or Sister Cities relationship is formed when the mayor or highest electe d
official from a U.S. community and a community in another country or territory sign a
formal agreement on behalf of their communities endorsing a "sister city" relationship.
A new partnership will be considered official only when Sister Cities internati onal has
received a signed copy of the sister city agreement. The document(s) must be signed by
the top elected/appointed official of both communities.
Sister Cities International members may establish more than one sister city partnership in
any given country.
Sister Cities International shall formally recognize only those relationships by
cities/members in good standing (i.e., who are current on membership dues) in its
Membership Directory or on its website.
City Council consideration to enter into a Sister Cities relationship with the town of Cuquio,
Mexico, should include the stated purpose and goals of the Sister Cities International program
and any benefits San Jacinto would receive from the partnership.
FISCAL IMPACT:
The annual Sister Cities membership fee is $810. Funding for the membership fee and any other
costs associated with membership and cultural exchanges (travel, lodging, food, materials, staff
time, etc.) have not been budgeted. The annual cost of a Sister City program will depend on t he
level of interaction between the cities.
4.2
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May 17, 2022
TO: City Council
REQUESTED BY: Tom Prill, Deputy City Manager
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: FY 2022-23 Draft Budget Presentation
RECOMMENDATION:
Staff recommends that the City Council receive and file the budget presentation for fiscal year
2022-23.
DISCUSSION:
The FY 2022-23 Draft Budget will be presented. Documents were not available as of the time of
publishing the Agenda. However, a package will be distributed to City Council prior to the
meeting.
FISCAL IMPACT:
There is no fiscal impact at this time.
4.3
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