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HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 1/20/2005 CITY CLERK DOROTHY CHOUINARD AGENDA REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL JANUARY 20, 2005, 7:00 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California -. II 1. ORGANIZATION , 1 .1 Call to Order 1.2 Roll Call 1 .3 invocation 1.4 Pledge of Allegiance 1.5 Special Presentations 1 .5.1 Business Spotlight of the Month / Economic Development , Specialist 1 .5.2 WRCOG Year in Review — PowerPoint Presentation 2. PUBLIC COMMENTS: t it h n e Now is u cil mnoe e onu bhec agenda.ssAtlime i ao oncoil fo nh eey(3)u bminutes shall beusetd for/oeachf the Ciry Con person desiring to address the City Council. 3. PUBLIC HEARING 3.1 Public Hearing — At the conclusion of the Publiclic Hear6 ing gd and the into certification of the election results for adding CFD No. 2003-1 for Police and Fire Services aka Annexation No. 12 — CNH Homes; Byron Burbridge' and results of Jenifer la gelection idge /and Resolution No. _I A resolution certifying property to Community Facilities DandcANo. pt oCity Attorney and Specia03-01 / Annexation No. l —T31846 and T33106 / Approve Tax Consultant lic Hearing and the 3.2 Public Hearing non of the election relsult for addusion of the ngb31794 into CFD No. 2003-1 certification of for Police and Fire Services aka Annexation No. 13 —YH Washington LLC City Council Agenda January 20, 2005 Page 2 / Resolution No. / A resolution certifying the results of an election and of 5 adding property to Community Facilities District No. 2003-01 / Annexation No. 13 — T31794 / Approve and Adopt / City Attorney and Special Tax Consultant 4. CITY DEPARTMENTS 4.1 Approve new fire station size and design; award contract to STK for architect services and appropriate $170,000 from Fire Development Impact Fund to for architectural services / Battalion Fire Chief and City Manager 4.2 Indian Gaming Special Distribution Fund Local Government Mitigation Grant Applications for 2005/2006 / Direct staff and approve submittal due February 1, 2005 4.3 Resolution No. _/A Resolution establishing policies for advertising in City owned and operated bus shelters / Approve and Adopt/ City Manager and City Attorney 4.4 Dog Park - Ramona Animal Shelter and Valley Wide Recreation and Park District and City of San Jacinto / Approve free water to the Ramona Animal Shelter towards the operation of a dog park / Community Development Director 4.5 Purchase of Vactor Truck / Approve 1) specifications (see staff report); 2) interagency bid; Appropriate $225,565.11 from Sewer Reserve Fund; and Authorize purchase $275.565.11 / Interim Public Works !I Superintendent 4.6 Conditional Use Permit 10-04 / Southeast corner of Ramona Expressway and Seventh Street / Ratify Planning Commission's approval with Findings of Fact and Conditions of Approval - Applicant: Donald Richart RDG, Inc 551 N Yale Street Hemet, CA 92544 / Community Development Director 5. CONSENT CALENDAR The matters listed under Consent Calendar are considered routine and will be enacted by one motion by City Council Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the City Council, staff or the public requests a specified item be removed and/or discussed. City Council Agenda January 20, 2005 Page 3 of 5 Anyone wishing to discuss a consent calendar item should come forward upon invitation of the Mayor; state their name and address, and the consent calendar item number. Speakers should limit comments to three (3) minutes. 5.1 Warrants at 01/20/05 / Approve / Finance Director 5.2 December 2, 2004 Special Meeting Minutes / Approve ! City Clerk 5.3 December 16, 2004 Regular Minutes / Approve ! City Clerk 5.4 Resolution No. / A Resolution of initiation to annex territory (commonly known as T31246 - CNH Homes and T33106 - Byron Burbridge and Jennifer Kling-Burbridge) - Annexation No. 10 - into AD 2003-1 for road, street, and highway maintenance / Approve and Adopt / City Attorney and Special Tax Consultant 5.5 Resolution No. /A Resolution approving Engineer's Report and setting the Public Hearing to annex territory (commonly known as T31246 - CNH Homes and T33106 - Byron Burbridge and Jennifer Kling- Burbridge) - Annexation No. 10 - into AD 2003-1 for road, street, and highway maintenance / Approve and Adopt / City Attorney and Special Tax Consultant • 5.6 Resolution No. _ / A Resolution of initiation to annex territory (commonly known as T31794 — YH Washington LLC) - Annexation No. 11 - into AD 2003-1 for road, street, and highway maintenance / Approve and Adopt/ City Attorney and Special Tax Consultant 5.7 Resolution No. . _/ A Resolution approving Engineer's Report and setting public hearing for Annexation No. 11 into AD 2003-1 — commonly known as T31794 — YH Washington LLC / Approve and Adopt/ City Attorney and Special Tax Consultant 5.8 Resolution No. / A Resolution initiating proceedings for the levy and collection for Lighting, Landscaping, Park District No. 1 (LLPD No. 1) annual assessments FY 2005-06 / Approve and Adopt / Finance Director 5.9 Resolution No. / A Resolution initiating proceedings for the levy and collection for Lighting, Landscaping, Park District No. 2 (LLPD No. 2) annual assessments FY 2005-06 / Approve and Adopt / Finance Director 5.10 Rancho San Jacinto Basins and Channels — Rancho San Jacinto enhancements Phase 1 Part 2 / Approve bid specifications and authorize City Clerk to proceed with bid advertisement/ Interim Public Works Superintendent City Council Agenda January 20, 2005 Page 4 of 5 5.11 Main Street and Jordan Avenue I Approve and Appropriate $6,400 from General Fund for replacement and installation of one decorative streetlight at Main Street and Jordan Avenue / Interim Public Works Superintendent 5.12 Cost of living increase for Valley Service Connection Services / Approve 5% cost of living increase / City Manager 5.13 Ordinance No. __ / An Ordinance providing for the contribution of revenues for additional police services associated with CFD 2003-1 / Approve introduction of Ordinance No. ___ and by further motion read by title only: An Ordinance of the City of San Jacinto, California, providing for the contribution of revenues for additional police services associated with City of San Jacinto Community Facilities District No. 2003-1 . / City Manager and City Attorney 5.14 Final Parcel Map 32061 — Luiten Investments LP / Approve / City Engineer 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 6.1 Committee and/or Agency Agendas / Receive & File / City Clerk 7. CLOSED SESSION 7.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: APNs 431-150-002 & 431-150-029 Agency negotiator: Peter A. Cosentini, City Manager Negotiating parties: Donald Plueger; Under negotiation: Price and Terms 8. ADJOURNMENT If you challenge any action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council(c/o the City Clerk) at, or prior to, the public hearing. City Council Agenda January 20,2305 Page 5 of 5 CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land use made by the City Council as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final. It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act(ADA) in all respects. if, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact City Hall at (909) 487-7330, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. I, Dorothy L. CFwuinard, City C£erk of the City of San5acinto, do hereby certify that I caused to 6e posted the foregoing agenda this 14th.day of Janualy,2005 as required by law. AGENDA ITEM 3. I January 20, 2005 TO: The Honorable Mayor and Members of the City Council FROM: Special Tax Consultant and City Attorney SUBJECT: Proposed Resolution Certifying the Results of an election and adding property (known as CNH Homes - Tract 31246 and Byron Burbridge and Jennifer Kling-Burbridge — Tract 33106) into Community Facilities District No. 2003-1 for Police and Fire Services (CFD 2003-1, Annexation No. 12) RECOMMENDATION: By motion, approve and adopt Resolution No. certifying the results of an election and adding property to Community Facilities District No. 2003-01 BACKGROUND: The City Council and Planning Commission have recently identified the need for additional funding sources for police protection and fire protection and suppression services, especially those services that are created by new development within the City. In response to the need for additional funding for such services, the City Council formed Community Facilities District 2003-1 (the"District') and the levy of special taxes therein. On November 6, 2003, the City Council called an election of the landowners affected by the formation of the District and the levy of special taxes. The landowners approved the formation of the District and levy of special taxes with over a two-thirds majority vote of the voters voting. On June 3, 2004, the City Council approved the Future Annexation Area and a process to expedite the annexation of territory into the District. Several developers are developing certain real property within the boundaries of the Future Annexation Area. As a condition to receiving the building permits from the City, most developers must annex its territory into the District. Continental Residential Inc. (the "Developer") now desires to be annexed into the District in order to obtain building permits. JUSTIFICATION: The adoption of the resolution is required to annex the territory into the District. Approe, City Manager: Finance Director: BUDGETARY IMPACT: The annexation of the Developer's property into the District will have a beneficial impact to the City's budget in that, upon implementation of the proposed annexation, would assist in the funding of police and fire services that would otherwise come from the City's general fund. ATTACHMENTS: Resolution No. Page 2 of 2 STATE OF CALIFORNIA ) RESOLUTION NO. COUNTY OF SAN DIEGO ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY (CNH HOMES — TRACT 31246 AND BYRON BURBRIDGE AND JENNIFER KLING-BURBRIDGE — TRACT 33106) TO COMMUNITY FACILITIES DISTRICT NO. 2003-1 (CFD 2003-1 , ANNEXATION NO. 12) WHEREAS, the City Council of the City of San Jacinto (the "City Council"), has previously formed a Community Facilities District pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982" , being Chapter 2.5, Part 1 , Division 2, Title 5 of the Government Code of the State of California, said Article 3.5 thereof. The existing Community Facilities District being designated as COMMUNITY FACILITIES DISTRICT NO. 2003-1 (the "CFD No. 2003-1 "); and, WHEREAS, the City Council has also established a procedure to allow and provide for future annexations to CFD No. 2003-1 and the territory proposed to be so annexed in the future was designated as COMMUNITY FACILITIES DISTRICT NO. 2003-1 , FUTURE ANNEXATION AREA (the "Future Annexation Area"); and WHEREAS, at this time the unanimous consent to the annexation of certain territory within the Future Annexation Area to CFD No. 2003-1 has been received from the property owner or owners of such territory, and such territory has been designated as ANNEXATION NO. 12 (the "Annexed Area"); and WHEREAS, less than twelve (12) registered voters have resided within the territory of Annexed Area for each of the ninety (90) days preceding January 20, 2005, therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the "landowners" of such Annexed Area as such term is defined in Government Code Section 53317(f) and each such landowner who is the owner of record as of January 20, 2005, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within such Annexed Area; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the property within the Annexed Area to the qualified electors of the Annexed Area and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the Annexed Area; and WHEREAS, the City Clerk of the City of San Jacinto has caused ballots to be distributed to the qualified electors of the Annexed Area, has received and canvassed such ballots and made a report to the City Council regarding the results of such canvas, Page 1 of 3 a copy of which is attached as Exhibit A hereto and incorporated herein by this reference; and WHEREAS, at this time the measure voted upon and such measure did receive the favorable 213's vote of the qualified electors, and the City Council desires to declare the results of the election; and WHEREAS, a map showing the Annexed Area and designated as Annexation No. 12 (the "Annexation Map"), a copy of which is attached as Exhibit B hereto and incorporated herein by this reference, and a list of Assessor Parcel Numbers and landowners, a copy of which is attached as Exhibit C hereto and incorporated herein by this reference, has been submitted to the City Council . NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto, that SECTION 1 . Recitals. The above recitals are all true and correct. SECTION 2. Findings. This City Council does hereby determine as follows: A. The unanimous consent to the annexation of the Annexed Area to CFD No. 2003-1 has been given by all of the owners of the Annexed Area and such consent shall be kept on file in the Office of the City Clerk. B. Less than twelve ( 12) registered voters have resided within the territory of Annexed Area for each of the ninety (90) days preceding January 20, 2005, therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the "landowners" of such Annexed Area as such term is defined in Government Code Section 53317(f). C. The qualified electors of the Annexed Area have unanimously voted in favor of the levy of special taxes within the Annexed Area upon its annexation to CFD No. 2003-1 . SECTION 3. Annexed Area. The boundaries and parcels of territory within the Annexed Area and on which special taxes will be levied in order to pay for the costs and expenses of authorized public facilities are shown on the Annexation Map as submitted to and hereby approved by this City Council . SECTION 4. Declaration Of Annexation. The City Council does hereby determine and declare that the Annexed Area is now added to and becomes a part of CFD No. 2003-1 . The City Council, acting as the City Council of CFD No. 2003-1 , is hereby empowered to levy the authorized special tax within the Annexed Area. Page 2 of 3 SECTION 5. Notice. Immediately upon adoption of this Resolution, notice shall be given as follows: A. A copy of the annexation map as approved shall be filed in the Office of the County Recorder no later than fifteen ( 15) days after the date of adoption of this Resolution. B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the Office of the County Recorder no later than fifteen ( 15) days after the date of adoption of this Resolution. APPROVED, SIGNED and ADOPTED this 20th day of January, 2005, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By: Chris Carlson-Buydos, Mayor ATTEST: Dorothy L. Chouinard, City Clerk City of San Jacinto APPROVED AS TO FORM : City Attorney, City of San Jacinto Best, Best & Krieger, LLP. Page 3 of 3 C C Exhibit A Certificate of Election Official and Statement of Votes Cast STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF SAN JACINTO ) The undersigned, ELECTION OFFICIAL OF THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 SPECIAL ELECTION ANNEXATION NO. 12 in the City, held on January 20, 2005. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed to Community Facilities District No. 2003-1 of the City of San Jacinto for or against the Measure are full, true and correct. VOTES CAST ON PROPOSITION 1 : YES NO WITNESS my hand this 20th day of January, 2005 Dorothy L. Chouinard, City Clerk City of San Jacinto Page A-1 O E- a I c _ co ' `m ' 8 a� E = U U) O O) _ u) a) o o U 145 °) a • CO Li. 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C C IN CDk 0 -Sc§ a) 0 -D k a % r2 2 � \ § E 0 cst2 � ■ f c e = ■ O co co 6 >, ° \ leiwo cC £ a) c @ — = i t Y p co mw3 0 k o / N 0 0 k CICD t LL . 0 aZ k @ a) V � c)N @ @ _ ' § .0 rr cNi t O � � 2 n 7 Z a £ 'CB XI 2 112 - a . cci at 0 Zi 03 k CO 0- � k a k / C ■ 6 6 a # � oc Lo ® ƒ k - � � k 0 t � C @ � -af ja E \ C � \ 0 CV ko � rW $ § o -12 � C § � k ■ 0Z q Ea) 2al0 E ƒ § cp Co f § �E >, ist k0 kQ C C C Exhibit C List of Properties to be Annexed APN(S) Landowners 434-050-026 CNH Homes 434-050-003 Byron Burbridge and Jennifer Kling-Burbridge Page C-1 ••• (T C C AGENDA ITEM 3• r1 January 20, 2005 TO: The Honorable Mayor and Members of the City Council FROM: Special Tax Consultant and City Attorney SUBJECT: Proposed Resolution Certifying the Results of an election and adding property (known as YH Washington, LLC — Tract 31794) into Community Facilities District No. 2003-1 for Police and Fire Services (CFD 2003-1, Annexation No. 13) RECOMMENDATION: By motion, approve and adopt Resolution No. certifying the results of an election and adding property to Community Facilities District No. 2003-01. BACKGROUND: The City Council and Planning Commission have recently identified the need for additional funding sources for police protection and fire protection and suppression services, especially those services that are created by new development within the City. In response to the need for additional funding for such services, the City Council formed Community Facilities District 2003-1 (the"District') and the levy of special taxes therein. On November 6, 2003, the City Council called an election of the landowners affected by the formation of the District and the levy of special taxes. The landowners approved the formation of the District and levy of special taxes with over a two-thirds majority vote of the voters voting. On June 3, 2004, the City Council approved the Future Annexation Area and a process to expedite the annexation of territory into the District. Several developers are developing certain real property within the boundaries of the Future Annexation Area. As a condition to receiving the building permits from the City, most developers must annex its territory into the District. Continental Residential Inc. (the"Developer") now desires to be annexed into the District in order to obtain building permits. JUSTIFICATION: The adoption of the resolution is required to annex the territory into the District. Approv City Manager: Finance Director. __ BUDGETARY IMPACT: The annexation of the Developer's property into the District will have a beneficial impact to the City's budget in that, upon implementation of the proposed annexation, would assist in the funding of police and fire services that would otherwise come from the City's general fund. ATTACHMENTS: Resolution No. Page 2 of 2 STATE OF CALIFORNIA ) RESOLUTION NO. COUNTY OF SAN DIEGO ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY (YH WASHINGTON, LLC — TRACT 31794) TO COMMUNITY FACILITIES DISTRICT NO. 2003-1 (CFD 2003-1 , ANNEXATION NO. 13) WHEREAS, the City Council of the City of San Jacinto (the "City Council"), has previously formed a Community Facilities District pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982" , being Chapter 2. 5, Part 1 , Division 2, Title 5 of the Government Code of the State of California, said Article 3.5 thereof. The existing Community Facilities District being designated as COMMUNITY FACILITIES DISTRICT NO. 2003-1 (the "CFD No. 2003-1 "); and, WHEREAS, the City Council has also established a procedure to allow and provide for future annexations to CFD No. 2003-1 and the territory proposed to be so annexed in the future was designated as COMMUNITY FACILITIES DISTRICT NO. 2003-1 , FUTURE ANNEXATION AREA (the "Future Annexation Area"); and WHEREAS, at this time the unanimous consent to the annexation of certain territory within the Future Annexation Area to CFD No. 2003-1 has been received from the property owner or owners of such territory, and such territory has been designated as ANNEXATION NO. 13 (the "Annexed Area"); and WHEREAS, less than twelve (12) registered voters have resided within the territory of Annexed Area for each of the ninety (90) days preceding January 20, 2005, therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the " landowners" of such Annexed Area as such term is defined in Government Code Section 53317(f) and each such landowner who is the owner of record as of January 20, 2005, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within such Annexed Area; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the property within the Annexed Area to the qualified electors of the Annexed Area and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the Annexed Area; and WHEREAS, the City Clerk of the City of San Jacinto has caused ballots to be distributed to the qualified electors of the Annexed Area, has received and canvassed such ballots and made a report to the City Council regarding the results of such canvas, a copy of which is attached as Exhibit A hereto and incorporated herein by this reference; and Page 1 of 3 WHEREAS, at this time the measure voted upon and such measure did receive the favorable 2/3's vote of the qualified electors, and the City Council desires to declare the results of the election; and WHEREAS, a map showing the Annexed Area and designated as Annexation No. 13 (the "Annexation Map"), a copy of which is attached as Exhibit B hereto and incorporated herein by this reference, and a list of Assessor Parcel Numbers and landowners, a copy of which is attached as Exhibit C hereto and incorporated herein by this reference, has been submitted to the City Council. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto, that SECTION 1 . Recitals. The above recitals are all true and correct. SECTION 2. Findings. This City Council does hereby determine as follows: A. The unanimous consent to the annexation of the Annexed Area to CFD No. 2003-1 has been given by all of the owners of the Annexed Area and such consent shall be kept on file in the Office of the City Clerk. B. Less than twelve ( 12) registered voters have resided within the territory of Annexed Area for each of the ninety (90) days preceding January 20, 2005, therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the "landowners" of such Annexed Area as such term is defined in Government Code Section 53317(f). C. The qualified electors of the Annexed Area have unanimously voted in favor of the levy of special taxes within the Annexed Area upon its annexation to CFD No. 2003-1 . SECTION 3. Annexed Area. The boundaries and parcels of territory within the Annexed Area and on which special taxes will be levied in order to pay for the costs and expenses of authorized public facilities are shown on the Annexation Map as submitted to and hereby approved by this City Council. SECTION 4. Declaration Of Annexation. The City Council does hereby determine and declare that the Annexed Area is now added to and becomes a part of CFD No. 2003-1 . The City Council, acting as the City Council of CFD No. 2003-1 , is hereby empowered to levy the authorized special tax within the Annexed Area. SECTION 5. Notice. Immediately upon adoption of this Resolution, notice shall be given as follows: Page 2 of 3 A. A copy of the annexation map as approved shall be filed in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the Office of the County Recorder no later than fifteen ( 15) days after the date of adoption of this Resolution. APPROVED, SIGNED and ADOPTED this 20th day of January, 2005, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By: Chris Carlson-Buydos, Mayor ATTEST: Dorothy L. Chouinard, City Clerk City of San Jacinto APPROVED AS TO FORM : City Attorney, City of San Jacinto Best, Best & Krieger, LLP. Page 3 of 3 Exhibit A Certificate of Election Official and Statement of Votes Cast STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF SAN JACINTO ) The undersigned, ELECTION OFFICIAL OF THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 SPECIAL ELECTION ANNEXATION NO. 13 in the City, held on January 20, 2005. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed to Community Facilities District No. 2003-1 of the City of San Jacinto for or against the Measure are full, true and correct. VOTES CAST ON PROPOSITION 1 : YES NO WITNESS my hand this 20th day of January, 2005 Dorothy L. 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Z 0 CD vls 0) w M 'O C r '3 L 60 0 v � rn � � Z ++ caE N ` fEC d Zin O ,� n ` _ OL. :I-1iO IN03 cti a CD CL 63 c _ ca i mutt) r` O 0 NNN r :r 4 � X Q � a L a I- d O O O O L 2 on M O C ,O to E 9 9 9 9 — < d = r r r r 'a 0 •_ to Z LO Ln LO In a - u C) to ) to In in Sr CD Q C co C C -� O - 6 -- Cl) � 12 Q. 1- 8 2m c a) � 2ZE o0 � c QN O. co CZ N m m cCUd �E O GI fv .Co CO = N C Q O O ZU Exhibit C List of Properties to be Annexed APN(S) Landowners 551-020-007; 551-020-024; YH Washington LLC 551 -020-025; 551-020-026; 551 -030-017 Page C-1 RIVERSIDE COUNT IGENDA 4., J A FIRE DEPARTMENT 210 West San Jacinto Avenue • Perris,California 92570 • (969)940-6960 • Fax(909)940-6910 Craig E.Anthony January 10, 2005 Fire Chief Proudly serving the Peter Cosentini unincorporated City Manager areas of Riverside City of San Jacinto County and the P.O. Box 988 Cities of: San Jacinto, CA 92583 Banning • Dear Mr. Cosentini: Beaumont Ca>mesa Per your request the following information is provided for the proposed new fire station to be located in the southwestern portion of the city near Cottonwood Ave. and Sanderson Ave. Canyon Lake RECOMMENDATIONS: Coachella Desert not Springs • Approve the use of an Urban size fire station for this site. • Award a contract to STK for architect services, not to exceed $170,000 and Indian Wells authorize the City Manager to sign the contract. Indio • Approve the design concept of the fire station. • Appropriate $170,000 for the Fire Development Impact Fee to pay for Elsinore architectural services. `uinta BUDGETARY IMPACT: Moreno Valley •a Project Management $ 50,000 Palm Desert The cost of the property is projected to be: $ 100,000 Pew Structure construction costs are currently $285-$300 square foot. The Urban station is 6,832 sq. ft., cost is projected to be: $2,083,000 Rancho Mirage Furnishings for the station are estimated to be: $ 18,000 Architect and engineering costs are 6%-10% of the construction cost. San Jacinto Using the highest figure, the projected cost is: $ 170,000 Temecula The fire engine cost is projected to be: $ 318,000 The cost of the equipment for the engine is projected to be: $ 50,000 Board of Supervisors TOTAL COST $2,789,000 Bob Buster, The current balance in the Fire Reserve Fund is: $1,200,000 District l This leaves a balance of: $1,589,000 A loan from the general fund would be required to cover this John Tavaglione, Cost. This loan would be repaid from new Public Saf District 2 / Development Impact Fee. Jeff Stone, !! 2/-) District 3 {{r Roy Wilson, CRA E. ANTHONY District 4 Fire hief '- `on Ashley, Districts ATTACHMENTS: Urban fire station design Pictures of Riverside County Fire Station#8 Front and Side Elevations of Two Bay Fire Station ,/ f I. ,; r 1.- I rr. MOMS III a IMO T rrA' _ . . . . . . r . e 1 • .'. a .1e11 11111111111111 I- r — _ T - - T - - -. —..._ I I I I I 1 L . IF I 1 I 1 LL / 1 . '✓/ =INe iii1 c �1 ate: w °��[ mu m i, ! / a msel I ak ® ., ® —al I 0 1 , ,A saga , z m•••<p� I L — — --I f IIII1 • e - ,f'4 �y �__ f Poi ;"` II . ' li - - .141 - II r H H 1r = In = zr = a I 1 L _ 3 n o y8 . m 'P -0 22 _ - y i1 Y E 1^ ii t' Y 'Vl �tl kn.. • • • • • }A xi13 we 0 O , ii TC F ii • Th• I aHv,. k'• 'gym ,.. . . . . v ; 'aNF r .6 . .. . � p-F .i i 1ilMW . � b f j 1 . })t , 4 i } . . 4\'t d �� ____ 11 : 3 sI. T i" ! S V d4n'xY. ;ft! y dq 4p , y: 9 �,E` a . 'fram€ 2 r$' j. ' yy�v� x4 p5y �__y S 'ice— ✓ ( " et k F f wR A �y rFF& i � t 4 1. E ' $� ! e . k { , • .. _� 4. m4ra „„ a 1 . . an tx nrj ' . 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DATE: 2575 S.San Jacinto Ave. San Jacinto, California 92583-5318 AUGUST, 2004 Phone 909.925.2504 Pax.909.925.0244 Email:stk@stkinc.com AGENDA ITEM 4 .2 January 6, 2005 TO: Mayor and City Council FROM: Peter Cosentini, City Manager Tim Hults, Community Development Director SUBJECT: Indian Gaming Special Distribution Fund Local Government Mitigation Grant Applications for 2005/2006 RECOMMENDATION: Staff recommends that the City Council direct staff to prepare and submit Inidan Gaming Special Distribution Fund Local Government Mitigation Grant Applications Fiscal Year 2005/2006 funding, due to the Tribes on February 1 , 2005.. BACKGROUND: The City was involved with the Local Government Committee and the Tribal Alliance of Sovereign Indian Nations (TASIN) to secure funding from the Special Distribution Fund, a portion of which was designated to mitigate the impacts of Indian gaming on local governments. As a result of this effort, the Legislature allocated $25 Million to be awarded to local governments impacted by Indian Gaming for the 2004/2005 Fiscal Year. Of that amount, approximately $10.6 million was allocated to Riverside County and distributed based upon Individual Tribal Casino Accounts. The Individual Tribal Casino Accounts were based upon the payments made by the Tribes that entered into the compacts. The total amount available for the Soboba Tribal Casino Account was $690,356.00, of which $552,248 was available for distribution to the impacted local governments through the 60% Nexus and 20% Non-Nexus categories. The remaining 20% was allocated toward Tribes that have Casino's, but do not pay into the Special Distribution Fund. Ap r City Manager: Finance Director: ' 1 The City of San Jacinto submitted three applications to the Soboba Band of Luiseno Indians for sponsorship. The Tribe sponsored all three applications, which were then forwarded to the Indian Gaming Local Community Benefit Committee (CBC), for approval and certification. The City of San Jacinto received half the funding available and Riverside County received the other half. The following projects were funded: Project Description Funding Amount Fire Services Funds to mitigate lire services provided by $ 56.137 San Jacinto when an engine responds to the Casino to assist patrons. Police Services Funds to mitigate police services impacts $160,123 related to the Casino Road Improvements Funds to prepare the design for the $ 59,882* Ramona Expressway Road Improvement Project Total Amount $276,142 `Only the design portion of the project was funded. DISCUSSION: The process for the 2005/2006 is underway. On June 10, 2004, the budget conference approved the Senate proposal to provide $30 Million of the Special Distribution Funds for local government agencies impacted by Tribal gaming. When using the same formula as the last cycle, Riverside County will be eligible for 42% of the funds or approximately $12.6 Million. Individual Tribal allocations are not yet available. There are two categories of funding available to apply for funding, the 60% Nexus and the 20% Non-Nexus. To qualify for the 60% Nexus category, a local government must meet two of the following criteria: • Located within four miles of a casino • Partially borders the casino land • Maintains a major highway or road leading to the casino • Fully borders the casino land If a local government meets all four of the criteria, it is eligible for 50% of the 60% Nexus category (only Palm Springs meets all four). If a local government meets three of the criteria, it is eligible for 30% of the 60%. San Jacinto meets three of the criteria, therefore, eligible for 30%. Riverside County is also eligible for this category. It has not been determined if other agencies, such as the City of Hemet are eligible for funding under this category. Multi-year funding requests may be submitted. Types of Projects Eligible for Funding The following is a list of programs/projects that could be eligible for funding: • Law enforcement • Fire services • Behavioral health • Child care programs • Environmental impacts • Emergency medical services • Recreation and youth programs • Planning and adjacent land uses • Waste disposal • Water supplies • Public health • Roads Proposed Applications — 60% Nexus Category Total funding available and allocated in FY 2004/2005 for this category was $414,214.00, of which $204, 107 was allocated to San Jacinto. Total funds to be recommended are $934,484.00. Project Description Funding Amount Police Funds to mitigate police services impacts related to $434,484.00 Services the Casino. The City proposes the continued funding of the Police Sergeant and the Community Service Officer funded in FY 2004/05 and the addition of a Police Corporal and additional related services. The primary focus for the grant will be to address traffic related issues, including traffic collisions, driving under the influence enforcement programs and traffic safety programs. Ramona Funds for rehabilitation of the existing roadway, due $500,000.00 Expressway to impacts related to Casino guests traveling to and Road from the Casino. The fund will be used for the Improvements rehabilitation of the existing lanes. Improvements will be completed in phases, based upon funds allocated. Funding has been obtained for project design, road widening and additional signals, but not rehabilitation of the existing lanes. Total Amount S934,484.00 3 Tribal sponsorship shall confirm that the grant application has a reasonable relationship to a casino impact and satisfies at least one of the priorities identified. 05/23/2005 Deadline for Community Benefit Committee to forward their Recommendations to the County Executive Office (for compilation and forwarding to the State Controller). 06/01 /2005 Deadline for Executive Office to Summarize Community Benefit Committee Recommended Projects and Submit to State Controller. 06/30/2005 Deadline for Award of Grant Funding. 04/01 /2006 Deadline for County to provide an annual report to the Legislature detailing the specific projects funded by all grants in their jurisdiction. JUSTIFICATION: Funding awarded from the Special Distribution Fund must be used to mitigate the impacts related to the Casino. The proposed projects are based upon identified impacts related to Casino operations. BUDGETARY IMPACT: There is no impact to the City's General Fund. Applications funded would provide funding for programs and projects that address City related impacts, as a result of the Casino. The funds will help offset the impact of Indian Gaming to the City's General Fund. ATTACHMENTS: Attachment A Sample Grant Application Attachment B SB 621 Tribal Gaming Grant Application Procedures 5 SB 621 Local Government Mitigation Funding Application Page 2 Legal address of jurisdiction: Federal Tax ID Number: Contact Person: Phone: Fax: E-mail Address: Grant project is for: ❑ Law enforcement 0 Environmental impacts ❑ Waste disposal ❑ Fire services ❑ Emergency medical services 0 Water supplies ❑ Behavioral Health 0 Recreation & Youth programs ❑ Public Health ❑Child care programs ❑ Planning & adjacent land uses 0 Roads ❑Other (briefly describe) On a separate sheet(s) of paper, describe the impacts associated with the Tribal casino and/or gaming (please include historical data, if available). On a separate sheet(s) of paper, provide a complete description of the project, including the effect it will have on the specific impacts described above. What is the total cost of the project? Name other sources of funding that will be contributed to the project and the amount provided by each source: Will the project be competitively bid? 0 Yes 0 No Is the project subject to Public Works requirements? 0 Yes ❑ No What is the project time frame? For Completion by Tribal Government To be considered for funding , this application must include a formal letter of sponsorship from the Tribal Chairman, or designated authority, operating the Tribal casino for which mitigation is being requested. Is a formal Tribal sponsorship letter attached? 0 Yes 0 No Riverside County Indian Gaming Local Community Benefit Committee (CBC) Application Review First Page The applicant will determine the type of grant for which they are eligible to apply (60% Nexus, or either of two 20% Non-Nexus Grants' ) . This is to be indicated on the application . Only cities and the county are eligible to apply for the 60% Nexus grant. The applicant indicates the nexus criteria the jurisdiction meets by placing a circle around the applicable criteria (a minimum of two nexus criteria are required to be eligible for the 60% Nexus grant). II . The amount of SB 621 grant funding requested for the project through the application must be listed . Please do not list any other sources of funding in this area. III . Funding for multi-year grants are subject to availability of funding. IV. The authorized signor of the application is the individual who has been authorized by the local jurisdiction's governing body to represent the agency. Second Page VI . The legal address of the jurisdiction is required. VII . The contact person listed should be the individual most knowledgeable about the project and authorized to discuss all aspects, should additional information be required. VIII . The priority uses for SB 621 grant funds are listed in Government Code § 12715 (g). Please note that a portion of the Tribal government's review includes certification that the application satisfies at least one of the priorities. IX. When describing the impacts associated with the Tribal casino and/or gaming , it is important to remember that this question does not pertain to impacts of reservations. X. The total cost of the project should include costs funded by other sources , as well as the funding requested through the application. See the reference material attached to this document for an explanation of nexus and non-nexus grants. December 2004 Page 2 Riverside County Indian Gaming Local Community Benefit Committee (CBC) all local jurisdictions in the County, irrespective of any nexus to impacts from any particular Tribal casino. C. Twenty percent (20%) of each Individual Tribal Casino Account is available for discretionary grants to local jurisdictions impacted by Tribes that are not paying into the Indian Gaming Special Distribution Fund (Cahuilla and Augustine) . These grants will be made available to local jurisdictions in the County, irrespective of any nexus to impacts from any particular Tribal casino, and irrespective of whether the impacts presented are from a Tribal casino that is not paying into the Indian Gaming Special Distribution Fund. Grants awarded are limited to addressing service-oriented impacts and providing assistance with one-time large capital projects related to Indian gaming impacts. Special Notes: A grant may not be made for any purpose that would support or fund, either directly or indirectly, any effort related to opposition or challenge of Indian gaming in the State, and , to the extent any awarded grant funds are used for any prohibited purpose by any local government, upon notice given to the County by any Tribe from whose Individual Tribal Casino Account the awarded grant went toward that prohibited use, the grant shall terminate immediately and any funds unspent shall be made available for qualified nexus grants. II . A local government jurisdiction that is a recipient of a grant from an Individual County Tribal Casino Account or a County Tribal Casino Account shall provide notice to the public, either through a slogan , signage, or other mechanism, stating that the local government project has received funding from the Indian Gaming Special Distribution Fund and further identifies the particular Individual Tribal Casino Account from which the grant was derived. December 2004 Page 4 AGENDA ITEM 41 January 20, 2004 TO: The Honorable Mayor and City Council FROM: City Manager and City Attorney SUBJECT: Bus Shelter Advertising RECOMMENDATION: Consider and, by motion adopted by majority vote, adopt Resolution No. , entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ESTABLISHING POLICIES FOR ADVERTISING IN CITY OWNED OR OPERATED BUS SHELTERS BACKGROUND: The City currently owns bus shelters throughout the City. The shelters contain space for the display of posters for advertising purposes. In order to generate revenue, the City wishes to allow advertising within these display portions of those shelters. However, because of the potential for offensive material being requested for placement in the displays, the City could see a decrease in revenues from other advertisers whom do not wish to be associated with that offensive material. In addition, First Amendment principles provide that the City should not take sides on political or religious issues. Therefore, the City would like to establish policies for the placement of written materials in the City's bus shelters so that the revenue producing effects of the shelters can be maximized, in a manner consistent with First Amendment principles. As the City Attorney advised when the issue of regulating bus shelter advertising came up recently, certain First Amendment principles limit the extent to which the City can regulate such material. Generally, in a nonpublic forum such as these bus shelters (which are being offered to advertisers for revenue generation purposes), the City has the right to make distinctions in access on the basis of subject matter and speaker identity. However, the City cannot restrict the viewpoint of that subject matter or speaker. An example of subject matter regulation is, "No material concerning abortion." An example of viewpoint regulation is, "No pro-choice material." The first regulates an entire subject matter—abortion, while the second regulates one particular viewpoint about that subject—i.e, it is anti-choice. The first is permissible in a non-public forum. The second is not. Page 1 of 2 RVPUBUSB16B6491.1 `l/ The accompanying policies follow the First Amendment principles set forth above. Specifically, they establish the City's intent to limit the subject matter of written materials within the City's bus shelters to those that are true advertisements, i.e., those that propose a commercial transaction such as a retail store or a service to be sold. The accompanying policies would prohibit political or religious materials, so that the City would remain neutral in these matters. They also regulate certain subject matters (such as tobacco, alcohol and sexually-related materials) that would likely discourage other advertisers from locating in City bus shelters. The accompanying policies would specifically prohibit material: That contains references to, or pictures of, alcohol or tobacco products. That supports or opposes a candidate, issue or cause, or that advocates or opposes a religion, or belief. Advertising that is competitive to a business within 100 yards of the particular City Bus Shelter. That the City Engineer determines is likely to interfere with, mislead or distract traffic or conflict with any traffic control system or traffic circulation. That advertises any Adult Oriented Business, displays "Specified Anatomical Areas", or displays "Specified Sexual Activities", as those terms are defined in the City's Adult Business Ordinance (Ord. No. 1040). False or misleading information. Material that depicts violence, anti-social behavior, or illegal behavior. Material that holds up an individual or groups of people to public ridicule, derision, or defames any individual or group. Material that is obscene, profane or vulgar. JUSTIFICATION: The adoption of these policies is justified in order to regulate the subject matter of material that is going to be placed in the City's bus shelters, so that the City can promote its bus shelter advertising and generate revenue. BUDGETARY IMPACT: The approval of these policies is likely to have a positive budgetary impact in that it will encourage the location of advertisements within City bus shelters, which will generate revenue for the City. Attachment: Resolution No. Page 2 of 2 RV PU B\JS B1686491.1 STATE OF CALIFORNIA ) RESOLUTION NO. COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ESTABLISHING POLICIES FOR ADVERTISING IN CITY OWNED OR OPERATED BUS SHELTERS WHEREAS, the City of San Jacinto ("City") is authorized by California Constitution, Article XI , Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, pursuant to Government Code section 38774, the City may regulate the exhibition or posting of, among other things, pictures, signs, or advertisements in or on the street, or on or upon buildings, fences, billboards, or other structures, or on or upon any pole in any sidewalk, alley, street, lane, court, park, or other public place; and WHEREAS, the City Council has heretofore determined that the public health, safety and welfare of the public would be promoted by the provision of bus shelters at various locations within the City, which shelters are primarily meant to protect public transit riders from the wind, sun and rain; and WHEREAS, the City Council has also determined that advertising on such bus shelters can provide a ready source of revenue to the City; and WHEREAS, the City Council therefore wishes to hereby establish certain policies governing the placement of materials at City owned or operated bus shelters, consistent with the First Amendment principles that have been articulated by the courts; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred . NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto: SECTION 1 . Incorporation of Recitals. The City Council hereby finds and determines that the Recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein. SECTION 2. Approval of Policies. The City Council hereby approves the policies attached hereto as Exhibit "A" and incorporated herein by this reference. I _ RVPUBVSB1686490.1 SECTION 3. Severability. The provisions of this Resolution are hereby expressly made severable. If any provision(s) of this Resolution or its application to any person, material, place or circumstance is held to be invalid, that invalidity shall not affect other provisions or application of this Resolution that can be given effect without the invalid provision or application. SECTION 4. Effective Date. This Resolution shall become effective upon its adoption . APPROVED and ADOPTED, this 20th day of January, 2005, by the following vote Vote: Ayes: Nays: Abstain: City of San Jacinto by Dale Stubblefield, Mayor Pro Tern ATTEST: Dorothy Chouinard , City Clerk APPROVED AS TO FORM: BEST, BEST & KRIEGER LLP City Attorney _2_. RVPUBUSB1686490.I EXHIBIT "A" CITY OF SAN JACINTO POLICIES FOR ADVERTISING IN CITY BUS SHELTERS Scope. These policies apply to all written materials placed in or on bus shelters owned , operated or managed by the City of San Jacinto, California, or any other bus shelter located within any City right of way (collectively, "City Bus Shelters"). These policies shall apply regardless of whether the advertising in City Bus Shelters is administered by the City itself, a private entity or by another public agency. Intent. The City is permitting advertising on City Bus Shelter advertising panels for the sole purpose of generating revenue, and not for the purpose of creating a forum for expression. The intent of the City in establishing these policies and allowing for certain limited written communications on or in City Bus Shelters is hereby expressly declared to be not to create a public forum, but instead to create a non-public forum, as articulated by courts applying First Amendment principles, thereby allowing for the regulation of the content of such written communication by the City. The City Council hereby expressly declares that its intent in promulgating these policies is to regulate only the subject matter, and not the viewpoint, of any message or speaker wishing to place written communications on or in City Bus Shelters. An example of subject matter regulation is, "No material concerning abortion." An example of viewpoint regulation is, "No pro-choice material." The first regulates an entire subject matter— abortion, while the second regulates one particular viewpoint about that subject—le, it is anti-choice. The first is permissible in a non-public forum. The second is not. The City's intent, as expressed in this section, shall be used as a guide in interpreting these policies. City's Interests. The City Council hereby expressly finds that the City of San Jacinto has the following interests in regulating the subject matter content of written communications on or in City Bus Shelters, which interests, whether individually or collectively, are both legitimate and substantial: 1 . The City has a legitimate and substantial interest in maintaining a position of neutrality on political and religious issues. 2. The City has a legitimate and substantial interest in ensuring that those using bus shelters not be subject to violence if the subject matter is not restricted. 3. The City has a legitimate and substantial interest in earning revenue from the placement of written materials in and on City Bus Shelters and therefore a legitimate and substantial interest in preventing a reduction in income -3- RVPUBUSB1686490.1 earned from selling advertising space because commercial advertisers would be dissuaded from using the same forum commonly used by those wishing to communicate primarily political or religious messages. 4. The City has a legitimate and substantial interest in regulating the subject matter of written material in that allowing political or religious material could violate the Establishment Clause or other constitutional rights of citizens. 5. The City has a legitimate and substantial interest in avoiding the appearance of political or religious favoritism. 6. The City has a legitimate and substantial interest in promoting the economic prosperity of businesses located within the City. Regulations. Only material complying with the following regulations may be permitted in or on City Bus Shelters. 1 . Written material may be placed in or on City Bus Shelters only in accordance with these policies. 2. Written material may be placed in or on City Bus Shelters only in or on that portion of the City Bus Shelter that is specifically designed for such placement. 3. Written material may be placed in or on City Bus Shelters only if such written material is an advertisement, i.e. , it proposes a commercial transaction (as opposed to promoting or denigrating a belief or cause). Advertisements of City-sponsored or co-sponsored civic events and advertising of City economic and business development efforts will not be considered "non-commercial" for purposes of this section. 4. In addition to the limitation set forth in paragraph 3 of this section, the following written material is prohibited in or on City Bus Shelters: a. That containing references to, or pictures of, alcohol or tobacco products. b. That supporting or opposing a candidate, issue or cause, or that advocates or opposes a religion , or belief. c. Advertising that is competitive to a business within 100 yards of the particular City Bus Shelter. d . That which the City Engineer determines is likely -4_ RVPUBUSB\686490.I to interfere with, mislead or distract traffic or conflict with any traffic control system or traffic circulation . e. That which advertises any Adult Oriented Business, displays "Specified Anatomical Areas", or displays "Specified Sexual Activities", as those terms are defined in the City's Adult Business Ordinance (Ord . No. 1040) . f. False or misleading information. g. Material that depicts violence, anti-social behavior, or illegal behavior. h . Material that holds up an individual or groups of people to public ridicule, derision , or defames any individual or group. i. Material that is obscene, profane or vulgar. 5. These policies shall not be used to regulate, or be interpreted to regulate, any particular viewpoint, so long as the viewpoint relates to a permitted subject matter. The Public Works Director shall administer the Bus Shelter advertising program and shall provide potential advertisers with precise specifications required of their material for inclusion in City Bus Shelters. Unless otherwise stated herein, the determination of whether material is permitted or prohibited by these policies shall be made by the Public Works Director. -5.. RVPUBVSB1686490.1 c C C .I• ... . .............................. ................ .. • . AGENDA ITEM • January 20, 2005 TO: The Honorable Mayor and Members of the City Council FROM: Tim Hults, Community Development Director SUBJECT: Ramona Animal Shelter/Valley-Wide Recreation and Park District/City of San Jacinto Dog Park RECOMMENDATION: Staff recommends that the City Council authorize the City Manager to execute an agreement in a form acceptable to the City Attorney between the City and the Ramona Animal Shelter for the provision of free water to the Ramona Animal Shelter toward the operation of a dog park. It is recommended to have the General Fund pay the Water Fund for the water. BACKGROUND: Valley-Wide Recreation and Park District and the Ramona Animal Shelter have been in discussions about the establishment of a dog park on shelter grounds for approximately 6 months. The City was recently approached as a participant because the shelter is located within City boundaries (831 W. Seventh Street) and within the City Water Service area. The dog park would consist of about one acre of landscaped and fenced open space just east of the existing shelter parking lot. The dog park would not be supervised, but would be monitored by both shelter and Valley-Wide staff. All maintenance and liability would be provided by Valley-Wide. The City's participation would be in the form of free water to the park for as long as the park is in existence. Based upon the size of the park and the anticipated landscape improvements, the annual water consumption would be approximately 4-6 acre feet. Currently, the City charges $549-$710 per acre feet of water. As such, the value of the City's contribution to the dog park cooperative would range from approximately $2,200 to $4,260 per year. Approvals City Manager: Finance Director: Page 1 of 2 BUDGETARY IMPACT: As indicated above, the City would contribute less than $5,000 per year in free water. JUSTIFICATION: Dog parks are becoming quite popular throughout the region, as a number of them exist in the Coachella Valley. Additionally, both Valley-Wide and the Ramona Animal Shelter receive numerous inquiries about the establishment of a dog park. Furthermore, in the City of San Jacinto dogs are allowed in City parks, but are required to be on a leash. Additionally, in the City of Hemet dogs are not permitted in City parks. Valley-Wide does allow dogs in their parks, but they must be kept on a leash. Within the confines of the proposed dog park, dogs would be permitted to roam the park without being leashed. Supporting the establishment of the dog park would help to meet a perceived community need. Additionally, there is the potential that there would be a lower frequency of dogs in City parks as the dog park would provide an alternative for those dog owners that take their dogs to City parks for exercise. As such, there is the potential that there would be a reduction in dog owner conflicts, animal control enforcement concerns within City parks, and animal waste in City parks. ATTACHMENTS: • Aerial Photo Showing Proposed Location of Dog Park Page 2 of 2 rr�ff11,y F*'r% .• d �� n %r'/ 1 '+� ' .yy�. f. f t It 4"1,t' ,1 ' Yf ♦ y • , ".R « 'h'ir ,;,. r ? Y° \ �t. I} a ~ #i• "S leg r• � x yA�" " f t P 8.i�`•� -11 re illb ' e t w \ • Ate... S A • • 4. • E v / v R • ` 4" Ares -,7 f ,, T '.. a { Pali — ° , ' ; r��r A + . j" :•� ,, \.\ \ S a L .- £ x �� L. t . '�' + }} , ., 1 1 1 t t € .r. fir' tf I ; v� & r • c� + z*4/,; AS,"'�'• ".tjr ,r•-- _in. (I ` DOG PARK , L E _ 4 to w• 0/ " .. ` merit r .y "T '4'. +iU• ... tat "AY • _ 4 Y 'ti: • a " bi ' - .��. N '"f ...S .ma h . / t-ta • t F f,y . r' 1`L'M- x. ..r . Yi, t r . �y x - ,�,likk ; 7 '�}�` r. " _ J, k`- . w;y* x .: '� t�y'1 r�('s •., 1 _ _- �..__ _ ... _ 3 { ... C� • y 'PE ". 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T '+ 'F cetera 1+ J. ! : .. 4I 1 �! . 1: -4 :y :: . r :„. t. IV 14 a /k. `CYO' d .,a,*�r- tr,C4' or ''"� /+• �•4 - _ ' �.'la' 4 �' , f b . f .�` r , .. \_ ✓ 44, '4 li 1 : ' ' � x � . .41 and .6 L u i op• r : r t I 1 t t Y r {. J .A 4„ 0,,•.. ;{,n `4- 1,, •» a, /' ® ;�\ `r DOG PARK ✓ • / �{ .r_ _. y { • uZ K I. ' + ` x - M f �i; r .4 • , i �' '.L•y +K ' F ' Y '. rxr -• 4 i • r�' 4"'• fa+14 .. roc _ -.:—�] "' S. - w ' k I e " 'Iip yy " } ,. y ! rty e: -+.1r.i tr .a a •c � ,/ • .b., _ inw..e �.-.-- • 1 le r S4yS.% s :...- r{ii + , 3 ,� '%a H:r „" �4{sum^_ y - yy � ca9 - ?� . lit •, , .. ; ' , S "� ' ��� '�"°Y"+ r i 1 ►-- --- ' r' ' �llema � • ;a411 E. pi a p J r y z /o • I . * �i l.j_J4. /la lot- 44 " rOSI 4adS .rr' .R m r'-_tY 1' 1 • ` a. r +5 aria"4 F_,,r s x":i i. ] 7 ! 4 r • ' 4. ti� f �� .h i ". 2. Pilba , ' 1 a r p aCt 5 Jm C is a x Yso. - .. +�q� • Y n {Y •.,A -.'-i, '_.a I �. yy ! 5 F^ - mil r red :' 1 •-~ !I • - 4.•! xy . -I w rx* *xa`5, # t i : • 4' c �' x'' +.. . _ '�' t.� J 41.�` v x '*,"., 44.4.44.44,. §' ,.� � + t 44194 i'�[* yew—,,.'.may B im.`: :: x • :' 1 a ..y Ry 11i. 1 �i 4{,.1r. -i ,p �'. f ' �»„ r' ,F i 3 4' 4 fit. S`tv. r -'� -.: -~_ J _. � r d . [ _ - • d • ss4 rutty" " 1 Z,.,,, x x --�� y �11 c.l 4 ` �� `*•7x era ` r4' r 711J K, kJfrwai ... e x I 4. -. 'I' S { l,; �r' j �i 4.r =� K+ AGENDA ITEM 4 °5 January 20, 2005 TO: The Honorable Mayor and Members of the City Council FROM: Ed Starner, Interim Public Works Superintendent SUBJECT: Approve Purchase of Vector Truck RECOMMENDATION: Council to: 1. Approve specifications as attached; 2. Approve inter-agency bid; 3. Appropriate $225,565.11 from Sewer Reserve Fund; and 4. Authorize purchase $275,565.11 ($250,639.00 + tax $19,424.52 + 2.5% to cover additional cost, safety equipment, etc.= $275,565.11). BACKGROUND: The City of San Jacinto's Water/Wastewater Division is currently using portable jetting equipment to clean the sewer lines within the City. This piece of equipment is not adequate to clean current and future lines within the service area. The City of San Jacinto does not have the capability to remove debris from manholes adequately. JUSTIFICATION: With the purchase of the Vactor Truck, we will be able to effectively clean all sewer lines within our service area. We will also have the capability to remove debris in manholes as it builds up. This equipment will also be able to clean our storm drain catch basins, so that the storm water will better flow. BUDGETARY IMPACT: $50,000 in current budget 055.4170.450.4045 leaves a balance of $225,565.11 from the Sewer Reserve Fund —55 SEWER ENTERPRISE FUND. A total expenditure of $275,565.11 which would include 2%z% for purchase miscellaneous tools and safety equipment. Appro City Manager: r, Finance Director: rj Page 1 of 2 HAAKER EQUIPMENT COMPANY SINCE 1972 A CALIFORNIA CORPORATION o'- gria + )hV.+ 2070 N. WHITE AVENUE LA VERNE, CALIFORNIA 91750 (909) 598-2706 • FAX (909) 598-1427 PARTS DEPT. FAX (909) 594-0498 www.haaker.com October 18, 2004 Mr. Bill Jeffs CITY OF SAN JACINTO 207 Bissell San Jacinto CA 92582 Dear Mr. Jeffs: Hanker Equipment Company is pleased to offer the City of San Jacinto, the opportunity to purchase a new Vactor 2110-36 via an add-on/cooperative purchase. Valley Sanitary District advertised and received bids. Purchase Order #24740-03, dated October 30, 2003, for a Vactor 2100. Per specifications and bid number 43-03. Hacker Equipment Company is offering the City of San Jacinto the opportunity to purchase their unit at the same price and per the specifications enclosed. Standard and options included with this unit are as follows: ✓ Positive Displacement Blower ✓ Catch Basin Cleaning Water System, 20 GPM @ ✓ Single Engine 600 PSI With Handgun and '/z" X 35' Hose, Midship ✓ 1,000 Gallon Aluminum Water Tank Connection ✓ 3,600 CFM Positive Displacement Blower ✓ Full Opening Rear Door With Manual Locks (4) Vactor Manufacturing Variable Pressure Water ✓ 6" Drain Pipe With 10' Drain Hose Pump, Hydraulically Driven, Double Acting, ✓ (2) Nozzles With Tungsten Carbide Inserts (4) Single Piston, 60 GPM ® 2000 PSI Water ✓ Pipe Package: System (1) 8" X 3' Aluminum Pipe Extension (4) Hydraulic Tilt, Front Mounted, 600' Capacity (2) 8" X 5' Aluminum Pipe Extension Hose Reel (1) 8" X 6'6" Catch Basin Tube (4) Pressure Rodder Hose (4) 8" Overcenter Quick Clamps With Gaskets (4) Electronic-Over-Hydraulic, Four-Way Power ✓ Sealed Electrical System Boom ✓ Flexible Hose Guide ✓ Weatherproof Lockable Tool Box 16" X 14" X 36" (4) Fixed Boom, Front Mounted, 180° Rotation ✓ Water Pump Overspeed Controls (4) Remote Push Button Pendant Control with 15' ✓ Mud Flaps Of Cable ✓ Hydraulic Rear Door Locks ✓ Cylindrical, Exten Steel Debris Body ✓ Debris Body Flushout System ✓ Double Acting Hydraulic Dump Hoist ✓ Debris Body Load Limit Alarm 1 10" Stainless, Steel Ball Float Shut Off System Leasing Program — 0% Down: 5 Year — 3.75% Monthly $ 4,925.96 5 Year — 3. 83% 6-Month, in Advance $ 29,369.41 Thank you for your consideration and we look forward to meeting the City of Victorville's requirements. Sincerely, Michael Kennedy Sales Representative 60140. Valley Sanitary District T.�� L���t�f G it S1 B ? CRY High Pressure Positive Displacement �� , Sewer Cleaner Truck a Bid Documents and Specifications 1 1 t 1 1 September 9, 2003 Contract No 43-03 i I 1 1 c VALLEY v. �S NJ A, : . i , Dirr fors: I t A ysk : William R. Teague, President y " , 1., Richard Friestad, Vice-President Merritt W. Wiseman, Secretary/Treasurer arms 4 � f' P.J. Gillespie, Director Mike Duran, Director Recycling Wastewater`= General Manager: - Into Sale Water;`r Rex Sharp NOTICE INVITING BIDS t ra SEAL BIDS WILL BE RECEIVED FOR: One (1) new High Pressure Positive t Displacement Sewer Cleaner Truck pursuant to the specifications obtained from the purchasing agent until Tuesday October 21 , 2003 at 10:00 A.M. local time at Valley Sanitary District Administration office, 45-500 Van Buren Street, Indio California 92201 , at which time all bids will be publicly opened and read. re Valley Sanitary District reserves the right to reject any and all bids and to waive any minor A ; information or technical defects in a bid. Consideration will be given to difference in manufactures products. The District reserves the right to award contract to other than the lowest responsible bidder, if it is in the best interest of the District. Late bids will be returned to the bidder unopened. Telephonic or fax bids will not be accepted. F c z . I 1 Darrel Gray Collection System Supervisor Publish: September 18 & 25, 2003 3 45-500 VAN BUREN, iNDIO, CA 92201 (760) 347-2356 FAX (760) 347-9979 E-mail: vsd@cyberg8t.com a. It is understood that "approved equals" can be substituted for any specific item mentioned herein. "Approved equals" shall be subject to written approval by the General Manager. The burden of proof as to the type, function, and quality of any such substitution item, material or equipment shall upon the bidder. Acceptance by the General Manager of a substitution item proposed by the bidder shall not relieve the Bidder of the responsibility for full compliance with the Bid Documents and Specifications and for adequacy of the substitution. 13 . QUESTIONS : Any questions pertaining to the bid documents in this Invitation for bid should be directed to: Darrel Gray Collection System Supervisor, 45-500 Van Buren Street, Indio, CA. 92201 (760) 347-2356. 1.8 t`. t ii L. { 5 BIDDER AFFIDAVIT LL STATE OF California COUNTY OF Ins Angeles Bill Haaker , of lawful age, being first duly sworn on oath says Authorized Agent • 1 . (s)he is the duly authorized agent of Haaker E iuiprre.nt Company , the bidder - submitting the competitive bid which is attached to his statement, for the purpose of a certifying the facts pertaining to the existence of collusion among bidders and between bidders and district officials or employees, as well as facts pertaining to the given or z giving or offering of things of value to district personnel in return for special consideration in the letting of any contract pursuant to the bid to which this statement is attached. r 2. (s)he is fully aware of the facts and circumstances surrounding the marking of the bid to which this statement is attached and has been personally and directly involved in the proceedings leading to the submission of such bid; and r 3 . neither the bidder nor anyone subject to the bidder's direction or control has been a party; re ; a. to any collusion among bidders in restraint of freedom of competition by iagreement to bid at a fix price or to refrain from bidding. b. to any collusion with any district official or employee as to quantity, quality or price in the prospective contract, or as to other teams of such prospective contract, nor i if c. in any discussions between bidders any district official concerning exchange of o e r other thing of value for special consideration in the letting of a contract. ISIGNATURE OF AUTHORIZED AGENT Subsjbed and sworn tore me this 15th day of October , 2003 . FV atthc-- x u� March 16 , 2004 [, Signature of Notary ' ublic My Commission Expires The Bidder Affidavit must be completed, signed by an authorized anent, and notarized. _ _ a ---- - a 7 . ` �. ROB�fA A. 4 %�! Cornns�la► 2 :ate „-, Nottay Public - Ctomio K z ._y. Los Angde$ Cow �,,. � ptyC«,�,.�esl�rtb2L'Oa ,.a�� = . PROPOSAL BID SHEET Vendor Name: Haaker Egtiiprent °Siignature: D e: October 15 , 2003 BIDDER AGRESS TO FURNISH ONE (1) NEW HIGH PRESSURE POSITIVE DISPLACEMENT SEWER CLEANER TRUCK IN ACCORDANCE WITH THE MINIMUM BID SPECIFICATIONS AT THE PRICE SHOWN. $ 259 , 986 . 00 + Tax =$280 , 134 . 92 TOTAL - FOB INDIO, CA MAKE AND MODEL BIDDING VACPOR 2110 VALUE OF PARTS ON HAND AT LOCAL DEALER $ 500 , 000 . 00 TOTAL DELIVERY WILL BE MADE IN NOT MORE THAN 180-210 DAYS AFTER RECEIPT OF ORDER. OPTION Five (5) year Lease/Purchase Program $ 5 , 109 . 66 per month $ 60 , 315 . 84 per year 60 No Payments 5 Annual Payments $ 306 , 570 . 60 - 301, 579 . 20 Total five (5) year lease/purchase 9 CHASSIS AS SPECIFIED Conventional cab with diesel engine full tilting fiberglass hood with three-piece construction. S International 7400 or approved equal. Gross vehicle weight not less than 66,000 pounds. Wheelbase 244" maximum Cab to Axle 176.9" maximum with 63" minimum afterframe. Frame 23 .0 SM high-tensile steel, 120,000 PSI, 2,630,000 RBM with outer "C" channel reinforcement. ENGINE AS SPECIFIED Diesel turbo charged 300 HP at 2000 RPM minimum or equal with air to air aftercooling. California approved required. Piston displacement minimum of 530 cubic inches heavy duty. Maximum net torque not less than 1050 foot pounds at 1200 RPM. Air cleaner with restriction cab mounted gauge, 2 stage. High temperatures, water in fuel, low coolant and low oil pressure devices with alarm and shut L down. Full flow oil filter. Coolant filter. Fuel/water separator to be supplied; Racor 2100 with heater. Vertical muffler with a vertical exhaust pipe on the RHS with turnout. 1. ELECTRICAL AS SPECIFIED Storage battery two (2) maintenance free, 1100CCA total. Alternator shall be 12 volt, 100 amp, and minimum standard type. 1 Manual reset circuit breakers. 1 i. 1 STEERING AS SPECIFIED Power steering, SHEPARD M- 100/M-80 or equal dual cylinder. 18" steering wheel minimum. WHEELS AND TIRES Front Wheels - (2) aluminum disc 22.5 x 12.25, 10 stud hub piloted. Front Tires - (2) 425/65Rx22.5 Unisteel G286 Goodyear, 20 Ply or equal. 10,000 pound rating each. AS SPECIFIED Rear Wheels - (4) aluminum disc 22.5 x 8.25 - 10 stud hub piloted. =3; Rear Tires - (8) - 11Rx22.5 G-372 Goodyear or equal 14 Ply. SUSPENSION As required to conform to GV WR. Front springs - minimum 20,000 pounds capacity at ground with shock absorbers. ' SPECIFIED Rear - minimum 46,000 pounds capacity at ground each with rubber springs LIGHTING — CAB AND DRIVING Emergency flashers. Halogen long life headlamps (2). AS t IED Cab maker lights. Tail, turn and sidemarker lights to comply with FMVSS Regulations. CAB Conventional all steel. I Seats - Driver (Air ride) - Passenger (Air ride). Lumbar support driver. _S, F C I FI E Full tilt-away fiberglass hood with three piece construction and latches. Cigarette lighter and ashtray. Tinted safety glass throughout. 13 J`S .{- P h . & NBC' /„ M CATCH BASIN CLEANING SYSTEM — POSITIVE DISPLACEMENT BLOWER To be capable of conveyance of wet, slurry and submerged materials. Positive displacement blower must operate completely independent of water pump pressure and flow. The blower shall be a Roots Model 824RCS capable of 3650 CFM while simultaneously developing 16" HG. The blower shall have a maximum speed of 2250 RPM to minimize maintenance and external noise. A performance curve from the blower manufacturer shall be supplied with proposal. , . I Drive by means of transfer case from chassis engine. F. Transfer case to be connected to positive displacement blower by drive shaft without the use of lir kw bells. Engagement by means of air shift mechanism. r Intake tube size - 8" inside diameter. Rt Adequate tubes to clean to a depth of 22 feet below grade level. All extension tubes to be TV aluminum tube. A serrated catch basin nozzle will be provided. cf . Connections of extension pipes to be adjustable over-center type clamps. Adequate clamps to be supplied. A formed steel elbow shall be used as the transition from vertical to horizontal. Additional heavy rduty steel tube to be used horizontally to eliminate wear. A minimum amount of flex hose shall be used to reduce weight and increase life. Vertical section to be flexible hose approx. 5 1/2' in length. Boom Support for Vacuum Tube Type of Mechanism : AS SPECIFIED. Front mount with hydraulic power up, down and hydraulic rotation by hydraulic cylinder(s). Boom to have provisions for manual over hydraulic operation in emergency situation. Boom and hose will release from debris tank when dumped to aid in cleaning. I All hydraulic components to be mounted below top of body to protect them from damage. Rotation: 180 degrees minimum. Lift: 16 foot, 6 inch vertical minimum. Lift Capacity: 700 pounds minimum. Reach: Vacuum hose shall be able to reach a minimum of 20 feet from vehicle center-line and 16 feet from edge of vehicle. Hydraulic System : Power to be supplied by means of engine driven pump with minimum capacity of 8 GPM. Main hydraulic tank will be used as supply source for hydraulic pump. 15 it to make contact with the ground when in the full 50 degree dump position. Hydraulic door lock mechanism shall be provided. The system shall be operated from the side of the truck. The system shall be designed as a sequential door grabber to engage locks without manual latches or screws requiring manual latching or loosening prior to door lock activation. System to be designed as a failsafe system if hydraulic pressure or system failure is experienced the door lock mechanism will remain locked. A knirilrIMED Gasket Rear Door - Neoprene replaceable 2" diameter minimum. Tank Drain - Tank to be equipped with a rear drain of minimum size of 6" with plastic coated fabric hose of 10 feet in length. A standard pipe assembly shall be used for discharge of liquid. The debris tank and fresh water tanks shall be plumbed to allow for interconnection. The system will be provided with all valving and connections accessible to the operator from ground level. An air gap will be supplied on debris tank with shutoff valve. The interior of the debris tank will be washed by a permanently installed spray nozzle assembly. Nozzles will allow for a flow of up to 80 GPM for thorough cleaning. Controls for spray nozzles will be located behind the cab, well forward of discharging debris Dedris Body Drain System : AS SPEC1FPED The unit will be equipped with a 6" front mounted drain system. The drain U. will be located at the front of the body to provide adequate debris / water separation. The drain plumbing will allow for the siphoning effect of the water to allow maximum liquid L. removal from the debris tank. A hinge screen will surround the discharge drain plumbing to aid liquid separation. Mounted on the exterior of the body will be a 6" air actuated knife valve to insure an air tight seal. A 10' section of lay flat hose will be affixed to the drain by means of a camlock fitting to allow for removal when drain is not in use. A splash shield will be located at bottom of rear door opening to keep rear bumper clear of discharging debris. The system will be designed to not make contact with the ground during dump operations. WATER SYSTEM — HIGH PRESSURE JETING POSITIVE DISPLACEMENT PUMP (80 GPM na 2000PSI) AS SPECIFIED Positive displacement pump water pressure to be completely independent of vacuum negative pressure or air volume. Pump to be run and controlled hydraulically. The unit will be capable of full vacuum operation while simultaneously varying the water flow throughout its 6. operating range. The hot shift power take off shall engage the hydraulic pump but not the water pump to eliminate unnecessary high pressure ball valve by-pass and water pump wear. All controls for stopping water pump and flow shall be at the hose reel. 17 an addition to the standard pump configuration and fully depend upon an additional element to the hydraulic drive configuration of the pump supplied. Mere change of nozzles or the use of manually manipulated ball valves will be deemed unacceptable. Finally, this system will be operable with a minimum l " diameter jet rodding hose that meets all required operating pressure and burst strength standards set forth in this specification. TELESCOPIC/ROTATING HOSE REEL WITH VERTICAL ROTATION T_ : Hose reel mounted on front of truck. A hose reel assembly will be mounted on an independent frame which can be removed from brackets attached permanently to main truck frame members. . The hose reel will be manufactured of 1/4" spun steel for added structural strength. This spun steel will require no internal or external reinforcements which could damage rodder hose. a „. Hose reel will have a minimum capacity of 800 feet of 1 " ID rodder hose. . Hose reel will be driven via hydraulic motor with dual drive chain design. The motor shall ii rte., control the reel speed and forward or reverse rotation. The hose reel drive shall be capable of retraction of the high pressure hose and nozzle at full pressure and full flow through 800 feet of hose. 1 The front mounted hose reel shall telescope a minimum of 15 inches on heavy duty bronze bushing. This extension will allow the operator to check fluids on tilt type cabs without tilting reel. The Er extension function also permits a minimum extension beyond the front bumper for travel. Li power from this extension will come from a hydraulic pump, not a hydraulic jack. The entire hose reel assembly will rotate on a large diameter ball bearing a minimum of 270 degrees. The 270 degrees will consist of 135 degrees on each side of centerline of the reel. The hose reel will rotate about the hose reel assembly centerline so the reel shall never extend beyond the truck width. r. The hose reel will include a pneumatically actuated lock which will positively lock the reel in any position across its operating range. In case of chassis engine failure, units with front mounted hose reel shall have a standby means of tilting the hose reel without the use of the chassis engine. The hose reel is to be equipped with an automatic wind guide. It is to provide the operator with complete hands-off operation so that his attention can be focused on line cleaning rather than guiding and wrapping the hose. It is to be chain driven directly from the hose reel shaft and equipped with a bearing supported lead screw with brass follower. The guide way is to be constructed of hard chrome for wear and corrosion resistance. An air-operated, preloaded, aluminum pinch roller with self-lubricating polyethylene ends for reel protection is to maintain hose placement on the reel. The wind guide is to have a free-wheeling provision for quick adjustment to compensate for hose length changes and/or repair and is to be equipped with dual polyurethane hose guide rollers. 19 HANDGUN Capacity - 20 GPM, 600 PSI maximum for safety. Gun to have two handles for operator safety and to reduce fatigue. 50 feet of 1/2 " hose. Deadman controls. Quick disconnects both at front and rear of unit. Spring, retractable hose reel located curbside at midship of unit. Rif zu ;4f ACCESSORIES AND ADDITIONAL EQUIPMENT E r Lower hose guide. Tank fill hose: 2- 1/2" x 15' hose with swivel end.Fr:t' I: Two (2 ) hose footage counters. Hose reel shall have a 2-way reading footage meter which shall continuously display the footage of the hose from either side. Nozzles: One each 15 degrees blockage type, 35 degrees standard. Hardened to 50 Rockwell. Nozzles to have Tungsten carbide inserts to increase life. Tube racks: Attached to unit to conveniently carry extension tubes. Tube access will be from ground level. i A folding swing down bracket mounted curb and street side to store aluminum vacuum tubes. Equipment storage: Lockable tool box, side mount 36" x 16" x 14". (Dimensions are approximate.) Also, one 96"x30x16 aluminum tool box. High temperature, low oil pressure shutdown on auxiliary engine. Adjustable hydrant wrench. IEmergency flare kit/triangles. Shall have a 3 " drain valve at water pump. Hand Light - heavy duty "Specialty Lighting" or approved equal with 15' of H.D. double cord coiled hose and plug receptacle located at hose reel. PAINTING 9 Complete unit cleaned with all weld slag removed. Cleaning to be in keeping with good and accepted industry practices. 21 nr.Y. ,na: a Pre-Production Meeting- A meeting between manufacturer and city will be arranged after award to finalize all mounting locations and installation details. Detailed line drawings will be supplied by manufacturer to identify all details. This vehicle is considered as an emergency response vehicle therefore local service and parts availablity is of major importance. Vendor must be able to display local supplies and service representation to the district. In addition the unit must be available for use after downtime report to vendor within 72 hours, local response to downtime incident must be within 24 hours. The district will examine first hand all service capabilities of vendor Bidder must provide a factory-trained representative to the district to train the employees for a maximum period of 16 hours after receipt and acceptance of equipment. Parts and emergency service shall be available within the County area for the vacuum/jet rodder. t'i' Bidder shall submit a list of factory trained service personal and dollar value of parts and local service facility within hundred-fifty miles of city. Bidders shall submit detailed literature of the vehicle they propose to furnish. aqp rr ar rr. Failure to submit this information is sufficient cause for rejection of bid. Vendor shall be responsible for application of California Vehicle Registration, exempt plates and weight certificates. Exempt plates are to be affixed to the unit prior to delivery. Exceptions to Specifications: The fact that a manufacturer chooses not to produce equipment or material to meet these specifications will not be considered sufficient cause to adjudge these specifications as restrictive. Bidder shall offer the equipment or material which comes closest to meeting these specifications. Where deviations from the specifications contained herein are necessary, the bidder shall note such deviations. Bidders shall state why, in their opinion, the equipment or materials they offer will render equivalent reliability, coverage and performance. Failure to detail all such deviations will compromise sufficient grounds for rejection of the entire proposal. I. .Award Criteria: The evaluation of proposals will be based on but not limited to the following: 1 . Conformance to specifications 2. Price 3. Delivery :r' " t= ter . 4. Warranty I= 5. The best weight distribution and lowest center of gravity Award will be made to the lowest responsible/responsible bidder meeting specifications. Any deviation from the technical specifications above must be explained in detail. Simply stating "Exceeds Specifications" is not an acceptable response. 23 VALLEY ; ANITARY PURCHASE ORDER : I .} ' z[ y`s 45-500 VAN Bl . ,cN INDIO, CA 92201 Purchase Order # 2 4 7 4 0 - 0 3 PHONE: (760) 347-2356 Vendor ID ''g ,`" FAX: (760) 347-9979 -a, Res"cling Watiowaeer SOO*Mac VENDOR SHIP TO Haaker Equipment Co . Valley Sanitary District 45 - 500 Van Buren Street Indio , CA 92201 Ship Via F.O.B. Terms PO Date Buyer 10 / 30 / 03 Darrel Gray Department Confirm To Collection Darrel Gray Line Ji Our Product ID Vendor Part Number Rewired Quantity Extended Unit Description Promised Unit Price Price VACTOR 211n 1 ea 259 986 . 0 ( I Sales Tax 7 . 75 % 20 , 148 . 9 : � ' I I i Total 280 , 134 . 9 1 ; F Auihonzed Si®nature JAN-03-2005 10: 13 HIAAKER EQUIP/TOTAL CLEAN 909 598 1427 P . 02 1 - r IHAAKER EQUIPMENT COMPANY Bill TABULATION REPORT PAGE OF BID DATE : �&) C'_, Z. l CO3 , BID NUMBER : v BUYER : a. i _. L. Sra , x J , G `r " t ttin, ;O to..C Cam- /�, PRODUCT REQUESTED : V .$ � 'a 1 1d - (i� c-e- i(� A V' QTY : , 1oc w J At.t.. Cc (Pt-it, vhE . 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Displacement Drive: Chassis driven, direct drive Inlet Volume: Up to 4500 CFM at 2200 RPM Vacuum Rating: Up to 18 In. (457 mm) Hg Transfer Case: Beltless, rated to 425 HP continuous Fully Hydraulic Boom: Cylinder actuated movement http://www.vactor.com/2100pd.asp 1/5/2005 Vactor Combination Sewer Cleaners Page 2 of 2 Pickup Hose: 8 in. (203 mm) diameter Debris Body Capacity: Up to 16 cu. yd. (12m3) Water Tank Capacity: 500 - 1500 gall ( 1893 L - 5678 L) Water Tank Aluminum (10 year warranty) Construction: Water Pump: Vactor Jet RodderTM Rating: 100 GPM at 2500 PSI Delivery at the 60 - 80 GPM at 2000 - 2500 PSI nozzle: Pump Action: Continuous flow or Jack hammer Pump Operating 13 cycles per minute Speed: Rear Door: Full opening, hydraulic latching ,m. i Mt d..`. . Tt . Combination Sewer Cleaners I HvdroEYxcavator i letters I Vaxiet http://www.vactor.com/2100pd.asp 1/5/2005 AGENDA ITEM 4 January 20, 2005 TO: The Honorable Mayor and Members of the City Council FROM: Tim Hults, Community Development Director/0 SUBJECT: Conditional Use Permit 10-04 Location: Southeast corner of Ramona Expressway and Seventh Street Applicant: Donald Richart RDG, Inc. 551 N Yale Street Hemet, California 92544 RECOMMENDATION: Ratify the Planning Commission approval of Conditional Use Permit 10-04 based on the Findings of Fact and Conditions of Approval, to permit the construction of a 5200 square foot convenience store with a drive-thru and a 16,040 square foot neighborhood commercial use. The project is located in the Neighborhood Commercial (C-1) zone at the southeast corner of Ramona Expressway and Seventh Street. BACKGROUND: On December 15, 2004 the Planning Commission approved Conditional Use Permit 10-04. The approval authorizes RDG, Inc. working on the behalf of Fryiz and Khader Hassan to construct a 5200 square foot convenience store with a drive-thru service window. The project also consists of a 6600 square foot lighted canopy under which are 8 multi-product fuel dispensers. The retail component includes a single story retail building of 16,040 square feet. This 2.35 acre project is located at the southeast corner of Ramona Expressway and Seventh Street adjacent to a proposed small lot senior gated community on the south and east property lines. Appro City Manager: Finance Director: A) , Page 1 of 9 Zoning for the site is C-1 (Neighborhood Commercial). In the C-1 zone, retail, restaurants, and grocery stores were identified as a permitted use. When the auto service station and the drive-thru elements were added a Conditional Use Permit became necessary. The retail uses as well as the convenience store/service station at this location would expand local employment opportunities and support the growing number of developments in this area. Based on religious beliefs, the owner would not have off-site beer and wine sales at the convenience store. However, if ownership does change it is possible that sales could include beer and wine. The ABC which controls beer and wine licenses finds that 3 active licenses issued within a census tract is considered an undue concentration. For the proposed use, the census tract is 435.11 and according to current ABC records, there is 1 active license, and therefore an undue concentration situation currently does not exist. The convenience store building is setback approximately 37 feet from the property line on Ramona Expressway and 22 feet from the property line along Seventh Street. The area at the rear of the sidewalks on Ramona Expressway and Seventh Street will be landscaped. The 7280 square foot canopy which covers the pump islands will be lighted and built incorporating the architectural features of the main building. As with other drive-thru projects, an integrated canopy structure will be required over the service window of the drive thru. Ramona Expressway shall be improved with a 20 foot landscaped area, as well as a centerline median, additional paving and new curb gutter and sidewalk. Seventh Street shall also receive improvements consisting of concrete sidewalks and handicapped ramps. A traffic report is to be prepared to determine if a traffic signal is warranted at the intersection of Ramona Expressway and Seventh Street. If the report determines that a traffic signal is needed the applicant will be required to install the signal prior to the issuance of a certificate of occupancy. In any case, commercial development does tend cause roadways to deteriorate faster than normal. To address this issue, the city has established a Community Facilities District for pavement management services. This project will be required, before and development occurs, to annex into this district. Accordingly, with the increase in non-residential development there is also a growing need to provide adequate Police and Fire protection. To meet this need, the city has established a number of Fire and Public Safety fees. These fees are for facilities and are intended to mitigate the effects of the ongoing service demand from the anticipated development. Therefore, the city has created financing districts to fund Fire and Police services. This project is conditioned to annex into these districts unless exempted by the ordinance establishing the districts. Page 2 of 9 JUSTIFICATION : The site is within the Neighborhood Commercial (C-1 ) with a General Plan designation of "Community Commercial." The surrounding properties are commercial with developing with residential uses, south and east of the site. BUDGETARY IMPACT: Additional sales tax revenue ATTACHMENTS: ■ Finding of Fact ■ Conditions of Approval ■ CEQA Document ■ Site Plan ■ Conceptual Building Elevations ■ Current Zoning Map Page 3 of 9 FINDINGS: To approve a Conditional Use Permit, the Commission shall make the following findings: 1 . That the proposed location of the Conditional Use is in accordance with the objectives of Article 17 of Ordinance 340 and the purposes of the zone in which the site is located. FACT: The site is zoned C-1 Neighborhood Commercial. Uses permitted within this zone include restaurants, grocery stores and service stations are a conditionally permitted use. Therefore, as conditioned, the use proposed is consistent with the objectives and goals in the C-1 zone with the approval of this Conditional Use Permit. 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity and does not contribute to loitering, public drunkenness, noise, obstructing pedestrian and vehicular traffic, parking, crime, interference with pedestrian corridors used by children, defacement and damage to structures. FACT: The project has been reviewed by City and County agencies and has been conditioned accordingly. Follow on reviews, inspections and monitoring by the City of San Jacinto and the County of Riverside will be done as needed to insure public health safety and welfare. FACT: The site is located within a proposed multi-use retail establishment. Times that alcoholic beverages can be served have been established by the Department of Alcoholic Beverage Control in order to reduce the potential of drunk driving and public disturbance. 3. That the proposed conditional use will comply with each of the applicable provisions of Article 17 of Ordinance 340. FACT: As conditioned, the use is consistent with the intent and purposes of Ordinance 340 and applicable provisions of the General Plan. As proposed, the use will not lessen the suitability of nearby like zoned property and would not interfere with pedestrian traffic or cause an increase in traffic hazards. Page 4 of 9 4. The proposed use will not lessen or impact the suitability of adjacent commercially zoned properties for commercial uses. FACT: The area is zoned Neighborhood Commercial and has a proposed General Plan as Community Commercial the adjacent properties to the north and west are also zoned for commercial uses. 5. The proposed use will not adversely affect the welfare of residents in the area or result in an undue concentration in the neighborhood of establishments dispensing alcoholic beverages, including beer and wine. FACT: ABC records indicate that 1 active license for off-site consumption of beer and wine is within 435. 11 census tract. A level above 3 licenses within this census tract is considered an undue concentration. Page 5 of 9 Conditions of Approval — Conditional Use Permit 10-04 Planning Department 1 . The use hereby permitted is for a 5200 square foot convenience store with a drive thru and fuel sales located on APN 433-455-015,thru -018. The effective date of issuance of this permit is the date it is ratified by the City Council. The applicant must activate the permit within two-years after ratification or it shall become null and void. 2. The applicant shall agree to indemnify, hold harmless, and defend the City, its officers, agents and employees, from any and all liability or claims that may be brought against the City arising out of its approval of this permit, or arising out of operation of the business, save and except that caused by City's active negligence. 3. Conditional Use Permit 10-04 shall comply with the Zoning Ordinance and development standards for the C-1 zoning district and shall substantially conform to the plan dated November 15, 2004 January 12, 2005. 4. All existing and new utilities adjacent to and on site shall be located underground as per Ordinance 820 5. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. 6. The site shall be fully and adequately lighted for easy observation of all areas. A lighting plan shall be prepared for the site. Exterior lighting shall be such type, location, orientation and screened in a manner which minimizes light glare to surrounding land uses. Exterior lighting at the site shall be designed to reduce light pollution. 7. Bicycle storage racks shall be provided and maintained. 8. Trash receptacles are required and shall be enclosed by a six (6) foot high solid masonry wall with solid view obstructing gates and a pedestrian entrance pursuant to City standards. 9. A license issued by the California Department of Alcohol Beverage Control for the sale of beer and wine. 10. The business shall have lighting to provide illumination for security and safety of parking and access areas 11 . The premise shall be posted to indicate this it is unlawful for any person to drink or consume any alcoholic beverage in any public place or posted premises. Page 6 of 9 12. No sale of alcoholic beverages shall be made from a drive-thru lane or drive-thru window. 13. The business shall be operated in such a manner that sound emitting from the premises shall not be audible beyond the boundaries on which it is located or from penetrating into adjoining lease spaces. 14. Signs located within the boundaries of the subject property shall be removed or be made to comply with the Sign Ordinance. 15. The signs indicated on the plans are not included with this approval. Any signs proposed for this development shall be designed in conformance with an approved sign program, and shall require separate application and approval by the Planning Department. 16. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas shall be provided by CC&R's or by deeds and shall be recorded concurrent with the Final Map or prior to the issuance of a building permit where no map is involved. 17. A minimum number of parking spaces shall be ninety (90). Parking shall be provided in accordance with City Ordinance Section 15.03 (8) (28). Space in the drive-thru isle shall be provided for seven cars. 18. A minimum of four (4) handicapped parking spaces shall be provided. 19. The parking areas shall be surfaced with Portland-Cement Concrete paving to a minimum 4-inch thickness over native soil compacted to 95% compaction or asphalt concrete with 2% inch thickness over 4 inches of Class II aggregate base compacted to 95% relative compaction or as recommended by the City Engineer. 20. Enhanced concrete paving shall be provided at the main access points on Ramona Expressway and Seventh Street. 21 . Final Architecture, Facade treatments, colors and textures proposed by this application shall be approved by the Planning Department. The final architecture plan shall include provisions for an integrated covered canopy over the exterior drive-thru window, with features and materials found in the main structure. 22. A detailed landscape and irrigation plan shall be submitted to the Planning Department. Page 7 of 9 23. Any proposed roof-mounted equipment shall be completely screened so as not to be visible from any street or private property adjacent to the project. The screening shall be an integral part of the building; details shall be provided to the Planning Department for review and approval . Any proposed change shall be reviewed and approved by the Planning Department. 24. If archaeological, paleontological or historical resources are uncovered during excavation or construction activities at the site, work in the affected area will cease immediately and a qualified person with appropriate expertise shall be consulted by the applicant regarding mitigation measures. If human remains are discovered, work in the affected area shall cease immediately and the County Coroner shall be notified. If it is determined that the remains might be those of a Native American, the California Native American Heritage Commission shall be notified and appropriate measures provided by State law shall be implemented. 25. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be substantial conformance with the approved grading plan. 26. Prior to issuance of Grading Permits the developer shall submit three (3) copies of a comprehensive grading plan. The plan shall comply with the Uniform Building Code, Chapter 70. The plan shall be drawn on 24" X 36" mylar by a registered civil engineer. 27. A grading permit shall be obtained from the City of San Jacinto prior to the commencement of any grading outside of the City-maintained road right- of-way. 28. Prior to the issuance of a building permit, a parcel merger shall be completed, combining the subject properties 29. Prior to issuance of Building Permits, the developer shall receive written clearance from the San Jacinto Unified School District. 30. Prior to issuance of Building Permits, the appropriate Flood Control Improvement shall be paid. 31 . Prior to issuance of a Building Permit, all applicable development fees effective at the time of issuance shall be paid. Page 8 of 9 32. Prior to issuance of Certificate of Occupancy, the developer shall construct a six (6) foot high solid decorative block perimeter wall between the residential and commercial zones. Said wall plans shall comply with the City Fence Guidelines and be subject to review and approval of the Planning Department. 33. The City has adopted the Transportation Uniform Mitigation Fee (TUMF) program, this project shall be subject to the payment of these fees prior to the issuance of building permits unless exempted by the ordinance establishing the TUMF program. The fees shall be subject to the provisions of the enabling ordinance and based upon the fee schedule in effect at the time of building permit issuance. 34. The project lies within an area subject to the Multi-Species Habitat Conservation Plan (MSHCP), this project shall pay the current fee prior to the issuance of building permits unless exempted by the ordinance establishing the MSHCP program. The fees shall be subject to the provisions of the enabling ordinance and based upon the fee schedule in effect at the time of building permit issuance. 35. A disclosure shall notify potential tenants of the existence of adjacent agricultural properties and agricultural uses 36. No commercial development will be permitted until the project has been annexed into City of San Jacinto financing districts CFD 2003-1 , AD #2003-01 , and Lighting Landscape and Park District #2. The parcels may be used for agricultural purposes without annexation into any financing districts. The City of San Jacinto may release this restriction by recording a notice of release. 37. A traffic study shall be conducted to determine if a crosswalk at the corner of Ramona Expressway and Seventh Street is warranted. (Added by Planning Commission) Page 9 of 9 sta- MEMORANDUM November 24, 2004 TO : Tim Hults, Communi Development Director FROM: Habib Motlag , City Engineer SUBJECT: Conditional Use Permit 10-04 — Ramona Expressway/Seventh St. Engineering Conditions of Approval With respect to the Conditions of Approval for the above referenced project, the City of San Jacinto requires that the land divider provide the following street improvements and/or road dedications in accordance with City of San Jacinto Ordinances. It is understood that the site plan correctly shows all existing easements , traveled ways , right-of-ways , and drainage courses . These ordinances and the following conditions are essential parts of requirements, occurring in ONE are as binding as though occurring in all. They are intended to be complimentary and to describe the conditions for a complete design of the improvements. All questions regarding the true meaning of the conditions shall be referred to the City Engineer's office. 1 . Drainage and flood control facilities and improvements shall be provided in accordance with Riverside County Flood Control and Water conservation District, and the City of San Jacinto requirement, and the following : a . This project is located within the limits of the San Jacinto Area Drainage Plan for which drainage fees have been adopted by the City. The developer and owners of this project shall maintain the onsite drainage facilities , open space , landscaping . Street lighting maintenance shall be provided by annexing to the Lighting District No. 2 prior to issuance of any permit. 2 . The developer shall provide water and sewer services to each lot in accordance with the requirements of the appropriate utility purveyor. This project is within the EMWD's water and City of San Jacinto's sewer service area . Water and sewer improvements shall be installed per EMWD Standards . 3 . On and off-site fire hydrants shall be installed as determined by the Fire Department. 4 . Prior to issuance of any grading permit, the developer shall comply with NPDES and S .W. P . P . P. requirements , and NOI must be submitted to Water Quality Board for review and approval . Additionally, grading , street, water, sewer, hydrology, drainage improvement plans , and final map shall be submitted as a package and reviewed concurrently. No grading permit shall be issued until City Engineer finds the plans in compliance with Conditions of Approval and City Ordinances. 5 . 6' wide concrete sidewalk and handicap ramps shall be constructed along Ramona Expressway and Seventh Street. Construction of sidewalk adjacent to driveways shall be in a manner to accommodate ADA Standards . 6 . The street, grading , striping , signal , water, sewer, and drainage improvement plans in addition to hydrological calculations and other supporting documents shall be submitted to the City for review and approval . The improvement shall be installed pursuant to Riverside County Transportation , Riverside County Flood Control , and Eastern Municipal Water District Standards. 7. Marbelite street lights as determined by the City Engineer shall be installed along all streets per SCE and Riverside County Standards . 8 . Existing power poles adjacent to this development shall be underground or relocated as appropriate per City and SCE regulations and requirements. 9 . The grading and construction of this project shall be done in a manner to perpetuate existing drainage patterns. Any deviation , increased or concentration of runoff requires drainage easements from effected property owners . 10 . Onsite drainage and irrigation runoff shall be contained within the perimeter landscape area prior to entering public right-of-way. 11 . Ramona Expressway along north side from Seventh Street to easterly boundary shall be improved with new asphalt paving and concrete curb , gutter, located 55' east of centerline, within 67' half-width dedicated right- of-way, including 7' wide landscape and hardscape median . 12 . Seventh Street from Expressway to southerly boundary shall be improved on the south side to provide for minimum of 20' new pavement, curb , and gutter, located 20' from centerline within 30' 1/2 width dedicated right-of- way. Additional improvement along the south side shall be installed to accommodate two thru north bound lanes , right and left turn pockets, as determined by City Engineer. 13 . The following shall be submitted to the City for review and approval prior to issuance of any permit or recordation of the final map: • Onsite paving and grading plans • Street Improvement Plans • Striping and signal plans • Water and Sewer Plan (on and offsite) • Drainage Plans • Hydrology and hydraulic report • Landscaping plans • SWPPP (for reference only) 14. Additional improvements (all corners) intersection of Seventh and Ramona Expressway shall be installed to provide for right, left and thru lanes (all directions) , as determined by City Engineer. A 20' landscape dedication along Ramona Expressway shall be given to the City prior to issuance of any grading permit. 15 . Prior to issuance of any permits , the applicant shall submit a traffic report to identify the need for a signal at the intersection of Seventh Street and Ramona Expressway, and if warranted , the applicant is required to install the signal prior to issuance of occupancy permit. Developer may receive up to $ 150 , 000 credit from City's Signal Mitigation Fees . 16. Ramona Expressway landscape median and improvements shall be designed in a manner to prevent overspraying and convey this runoff via underground pipes to parkway landscaping . RIVERSIDE COUNTY FIRE DEPARTMENT CONDITIONS DATED 9/27/04 CONDITIONAL USE PERMIT 10-04 (Formally CUP 9-04) 10 GENERAL CONDITIONS 10.FIRE.999 CASE — CITY CASE STATEMENT With respect to the comments for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: 10.FIRE.999 USE - #01A - SHELL/FPE/COMM THESE CONDITIONS ARE FOR SHELL BUILDING ONLY. Shell building will receive a shell final only. No Certificate of Occupancy (human occupant or and or materials) will be issued until the building occupant has been identified with their occupancy classification and have been conditioned by the Riverside County Fire Department. Occupant or tenant identification is imperative for oderly and prompt processing. Upon identification of the occupant or tenant a Fire Protection Analysis report maybe required prior to establishing the requirements for the occupancy permit. Failure to provide a comprehensive data analysis and/or technical information acceptable to the fire department may result in project delays. A complete commodity listing disclosing type, quantity, level of hazard and potential for "Reactivity" must be provided within 30 days. The foregoing is necessary to properly occupancy classify the building(s). Failure to provide comprehensive data and/or highly technical information, will result in project delay and requirement for complete Fire Protection Study review 10.FIRE.999 USE - #005 — ROOFING MATERIAL All buildings shall be constructed with class "B" roofing material as per California Building Code. 10.FIRE.999 MAP - #50 — BLUE DOT REFLECTORS Blue retroreflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 10.FIRE.999 USE* - #23 — MN REQ FIRE FLOW Minimum required fire flow shall be 1725 GPM for a 3 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Fire flow is based on type V-N construction per the 2001 UBC and Buildings(s) having a fire sprinkler system. 10.FIRE.999 USE - #20 — SUPER FIRE HYDRANT Super fire hydrant(s) (6"x 4"x 21/"), shall be located not less than 25 feet or more 165 feet from any portion of the building as measured along approved vehicular travel ways. 10.FIRE.999 USE - #84 — TANK PERMITS Applicant or Developer shall be responsible for obtaining under/aboveground fuel, chemical and mixed liquid storage tank permits, from the Riverside County Fire Department and Environmental Health Departments. Plans must be submitted for approval prior to installation. Aboveground fuel/mixed liquid tank(s) shall meet the following standard: Tank must be tested and labeled to UL2OS5 Protected Tank Standard or SWRI 93-01 . The test must include the Projectile Penetration Test and the Heavy Vehicle Impact Test. A sample copy of the tank' s label from an independent test laboratory must be included with your plans. (current plan check deposit base fee is $217.00 for first tank, each additional tank $32.00.) 10.FIRE.999 USE - #89 — RAPID HAZMAT BOX Rapid entry Hazardous Material data and key storage cabinet shall be installed on the outside of the building. Plans shall be submitted to the Riverside County Fire Department for approval prior to installation. (current plan check deposit base fee is $126.00.) 60. PRIOR TO GRADING PRMT ISSUANCE 60.FIRE.999 USE - #75 — WATER PLANS The applicant or developer shall separately submit two copies of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 80. PRIOR TO BLDG PRMT ISSUANCE 80.F .999 USE - #17A — BLDG PLAN CI ECK $ FOR EACH UThDING Building Plan check deposit base fee if $ 1,056.00, shall be paid in a check or money order to the Riverside County Fire Department after plans have been approved by our office. 80.FIRE.999 USE - #4 — WATER PLANS The applicant or developer shall separately submit two copies of the water system plans to the Fire Department for review and approval. Calculated velocities shall not exceed 10 feet per second. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed and approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 90. PRIOR TO BLDG FINAL INSPECTION 90.FIRE.999 USE - #45 — FIRE LANES The applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 90.FIRE.999 USE — 12 — SPRINKLER SYSTEM EACH BUILDING Install a complete fire sprinkler system per NFPA 13 1996 edition (13D and 13R system are not allowed) in all buildings requiring a fire flow of 1500 GPM or greater. Sprinkler system(s) with pipe sizes in excess of 4" in diameter will require the project structural engineer to certify (wet signature) the stability of the building system for seismic and gravity loads to support sprinkler system. All fire sprinkler risers shall be protected from and physical damage. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). A statement that the building(s) will be automatically fire sprinkled must be included on the title page of the building plans. (current sprinkler plan check deposit base fee is $614. 00 per riser) Applicant or developer shall be responsible to install a U.L. Central Station Monitored Fire Alarm System. Monitoring system shall monitor the fire sprinkler system(s) water flow, P.I.V. 's and all control valves. Plans must be submitted to the Fire Department for approval prior to installation. Contact fire department for guideline handout (current monitoring plan check deposit base fee is $ 192.00) 90.FIRE.999 USE - #83 — AUTO/MAN FIRE ALARM Applicant or developer shall be responsible to install a manual and automatic Fire Alarm System. Plans must be submitted to the Fire Department for approval prior to installation. (current plan check deposit base fee is $627.00) 90.FIRE. 999 USE - #27 — EXTINGUISHERS Install portable fire extinguishers with a minimum rating of 2A-10BC and signage. Fire extinguishers located in public areas shall be in recessed cabinets mounted 48" (inches) to center above floor level with maximum 4" projection from the wall. Contact Fire Dept lucent for proper placement of equipment prior to installation. 90.FIRE.999 USE - #36 — HOOD DUCTS IF APPLICABLE A U.L. 300 hood duct fire extinguishing system must be installed over the cooking equipment. Wet chemical extinguishing system must provide automatic shutdown of all electrical components and outlets under the hood upon activation. System must be installed by a licensed C-16 contractor. Plans must be submitted with current fee to Fire Department for review and approval prior to installation. NOTE: A dedicated alarm system is not required to be installed for the exclusive purpose of monitoring this suppression system. However, a new or pre-existing alarm system must be connected to the extinguishing system. (* separate fire alarm plans must be submitted for connection) (current plan check deposit base fee is $215 .00) C ( CITY OF SAN JACINTO ENVIRONMENTAL ASSESSMENT FORM : INITIAL STUDY Project Case Type (s) and Number(s) : Conditional Use Permits 10-04 Lead Agency Name : City of San Jacinto Address : 248 E. Main Street Contact Person : David Clayton Telephone Number: 909-487-7330 Applicant's Name: Donald L. Richert Address : RDG, Inc. 551 N Yale Street Hemet, CA 92544 I . PROJECT INFORMATION s. Project Description (Describe the whole action involved, including but not limited to project grading, later phases of the project, and any secondary, support, or off-site features necessary for its implementation): The Ramona Station Commercial Complex, located at the southeast corner of Seventh Street and the Ramona Expressway is the site of the proposed Conditional Use Permit. The project consists of a 5200 square foot convenience store with a drive thru, and a 6600 square foot canopy over the fuel dispensers. Also proposed is a 5,300 single story retail building and a second 10,740 square foot single story retail building. The project is located in the C-1 zoning district. B. Type of Project: Site Specific ® ; Citywide 0 ; Community ❑ ; Policy D . Two or more of the above may apply. A Site Specific Project involves fewer than 1000 property owners in a definable area and results in a change in existing land uses, zoning, open space designations or Community Plan land use designations. If Site Specific Project was checked fill out the remainder of this page. If Site Specific Project was not checked and the project covers a defined area, fill in only Item C "Total Project Area" and G below. C . Total Project Area :2.35 acres To the extent possible, fill out the remaining information for Item "C" as it applies to the project. Residential : Acres ; Lots ; Units ; Projected No. of Residents Commercial: Acres ; Lots 4 ; Sq. Ft. of Bldg. Area 21240 ; Est. No. of Employees Industrial: Acres ; Lots ; Sq. Ft. of Bldg. Area ; Est. No. of Employees Other: 1 D . Assessor's Parcel No(s) : 433-455-015, -016, -017 and -018 E. Street References : East side of Ramona Expressway; South of Seventh Street F. Section , Township & Range Description or reference/attach a Legal Description : G . Brief description of the existing environmental setting of the project site and its surroundings : The site is largely vacant with no occupied structures. Surrounding the site are naturally occurring weeds and grasses. At the intersection of the Ramona Expressway and Seventh Street is an improved roadway which terminates east of the project site, adjacent to the San Jacinto River Levee. II . APPLICABLE GENERAL PLAN LAND USE POLICIES AND ZONING This page must only be completed for proposals that qualify as Site Specific Projects. The information on this page is not required for projects which are not Site Specific; however, completion of this section is encouraged. A. Adopted Specific Plan Information 1 . Name and Number of Specific Plan , if any: 2 . Specific Plan Planning Area , and Policies , if any: B . Existing Zoning : Neighborhood Commercial (C-1 ) C . Proposed Zoning , if any: D. Adjacent and Surrounding Zoning : Neighborhood Commercial (C-1 ), Residential Trailer (R-T) 2 III . ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED : The environmental factors checked below ( ■ ) would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Less than Significant with Mitigation Incorporated" as indicated by the checklist on the following pages. Aesthetics Hazards & Hazardous Public Services • Materials Agriculture Resources Hydrology/Water Quality Recreation Air Quality Land Use/Planning Transportation/Traffic Biological Resources Mineral Resources Utilities/Service Systems Cultural Resources Noise Other Geology/Soils Population/Housing Mandatory Findings of Significance IV. DETERMINATION : On the basis of this initial evaluation: A PREVIOUS ENVIRONMENTAL IMPACT REPORT/NEGATIVE DECLARATION WAS NOT PREPARED I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project, described in this document, have been made or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION ✓ will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. A PREVIOUS ENVIRONMENTAL IMPACT REPORT/NEGATIVE DECLARATION WAS PREPARED I find that although the proposed project could have a significant effect on the environment NOTHING FURTHER IS REQUIRED because all potentially significant effects (a) have been adequately analyzed in an earlier DR or Negative Declaration pursuant to applicable legal standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Negative Declaration , including revisions or mitigation measures that are imposed upon the proposed project. 3 I find that although all potentially significant effects have been adequately analyzed in an earlier EIR or Negative Declaration pursuant to applicable legal standards, some changes or additions are necessary but none of the conditions described in California Code of Regulations, Section 15162 exist. An ADDENDUM to a previously-certified EIR or Negative Declaration has been prepared and will be considered by the approving body or bodies. I find that at least one of the conditions described in California Code of Regulations, Section 15162 exist, but I further find that only minor additions or changes are necessary to make the previous EIR adequately apply to the project in the changed situation; therefore a SUPPLEMENT TO THE ENVIRONMENTAL IMPACT REPORT is required that need only contain the information necessary to make the previous EIR adequate for the project as revised. I find that at least one of the following conditions described in California Code of Regulations, Section 15162, exist and a SUBSEQUENT ENVIRONMENTAL IMPACT REPORT is required: (1 ) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes have occurred with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any the following - (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR or negative declaration; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measures or alternatives; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous ER or negative declaration would substantially reduce one or more significant effects of the project on the environment, but the project proponents decline to adopt the mitigation measures or alternatives. a? Signature Date David Clayton For TIM HULTS. Community Development Director Printed Name 4 EVALUATION OF ENVIRONMENTAL IMPACTS: 1 ) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in its explanation following each question . A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e. g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e. g . the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level , indirect as well as direct, and construction as well as operational impacts . 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation incorporated, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EiR is required. 4) "Negative Declaration : Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses" as cited in Section VI may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier ER or negative declaration . California Code of Regulations, Section 15063 (c) (3) (D). In this case, a brief discussion should identify the following: (a) Earlier Analysis Used . Identify and state where they are available for review. (b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. (c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address the site-specific conditions for the project. 6) References to information sources for potential impacts (e.g . general plans, zoning ordinances) should be included . Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: (a) the significance criteria or threshold, if any, used to evaluate each question; and (b) the mitigation measure identified, if any, to reduce the impact to less than significant. 5 V. ENVIRONMENTAL ISSUES ASSESSMENT In accordance with the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 - 21178. 1 ), this Initial Study has been prepared to analyze the proposed project to determine any potential significant impacts upon the environment that would result from construction and implementation of the project. In accordance with California Code of Regulations, Section 15063, this Initial Study is a preliminary analysis prepared by the Lead Agency, the City of San Jacinto, in consultation with other jurisdictional agencies, to determine whether a Negative Declaration, Mitigated Negative Declaration, or an Environmental Impact Report is required for the proposed project. The purpose of this Initial Study is to inform the decision-makers, affected agencies, and the public of potential environmental impacts associated with the implementation of the proposed project. Less than Potentially Significant Less Than Significant with Significant No Impact Mitigation Impact Impact Incorporated AESTHETICS Would the project 1 . Scenic Resources a) Have a substantial effect upon a scenic • highway corridor within which it is located? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings and unique or landmark features; obstruct any prominent scenic vista or view open to • the public; or result in the creation of an aesthetically offensive site open to public view? Source: Site Visit Findings of Fact: The site is vacant and adjacent to the San Jacinto River Levee. The approval of this project will not impact to scenic vistas. Additionally, the site is flat with no rock outcroppings Mitigation: None Monitoring: Planning 2. Other Lighting Issues a) Create a new source of substantial light or glare • which would adversely affect day or nighttime views in the area? b) Expose residential property to unacceptable light • levels? 6 Less than Potentially Significant Less Than Significant with Significant No Impact Mitigation Impact Impact Incorporated Source: Site Visit Findings of Fact: The approval of the projects will produce higher levels of lighting adjacent to the Ramona Expressway. Outdoor parking lot lights and under canopy lights and other similar lights may effect near by proposed residential uses. Mitigation: A lighting plan shall be prepared for the site. Exterior lighting shall be of such type, location orientation and screening in a manner which minimizes light glare to surrounding land uses. Exterior lighting at the site shall be designed to minimize light pollution. Monitoring: AGRICULTURE RESOURCES Would the project 3. Agriculture a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) as shown on the maps • prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing agricultural use, or a Williamson Act (agricultural preserve) • contract (Riv. Co. Agricultural Land Conservation Contract Maps)? c) Cause development of non-agricultural uses within • 300 feet of agriculturally zoned property? d) Involve other changes in the existing environment which, due to their location or • nature, could result in conversion of Farmland, to non-agricultural use? Source: SJGP (MEA-IV-15) Findings of Fact: Within the last four years, the site has not been used for any agricultural use. The site remains unused. Mitigation : None Monitoring: AIR QUALITY Would the project 4. Air Quality Impacts • a) Conflict with or obstruct implementation of the applicable air quality plan? 7 Less than Potentially Significant Less Than Significant with Significant No Impact Mitigation Impact Impact Incorporated b) Violate any air quality standard or contribute substantially to an existing or projected air j • quality violation? j c) Result in a cumulatively considerable net increase of 1 any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air • quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors which are located within 1 mile of the project site to project • substantial point source emissions? e) Involve the construction of a sensitive receptor located within one mile of an existing • substantial point source emitter? f) Create objectionable odors affecting a substantial • number of people? Source: SJGP Findings of Fact: Grading Activities will generate short term dust, smoke and odors . As stated these will be primarily short term in nature and will cease when construction is completed. With the completion of construction commercial projects will induce additional motor vehicle usage into the area. Individually, these projects will not have a significant impact on air quality in the SCAB, but the cumulative effects from the project will contribute to the overall air quality problems in the SCAB. Mitigation: During construction and grading, the site will be watered to control dust. Regular sweeping and clean up of adjacent streets shall be undertaken. Mud and dirt shall be removed from construction equipment and vehicles prior to leaving the site. The proposed project is minor in nature when considering the increased amounts of emissions. Therefore the developer shall pay the carpool mitigation fee in effect at the time. Monitoring: BIOLOGICAL RESOURCES Would the project 5. Wildlife & Vegetation a) Conflict with the provisions of an adopted Habitat Conservation Plan , Natural • Conservation Community Plan, or other approved local, regional, or state conservation plan? 8 Less than Potentially Significant Less Than Significant with Significant No Impact Mitigation Impact Impact Incorporated b) Have a substantial adverse effect, either directly or through habitat modifications, on any endangered , or threatened species, as listed in Title 14 of the California Code of • Regulations (Sections 670.2 or 670.5) or in Title 50, Code of Federal Regulations (Sections 17. 11 or 17. 12)? c) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local • or regional plans, policies, or regulations, or by the California Department of Fish and Game or U. S. Wildlife Service? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident • migratory wildlife corridors, or impede the use of native wildlife nursery sites? Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional • plans, policies, regulations or by the California Department of Fish and Game or U . S. Fish and Wildlife Service? f) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but • not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? g) Conflict with any local policies or ordinances protecting biological resources, such as a • tree preservation policy or ordinance? Source: Site Visit Findings of Fact: A brief investigation of the site confirmed that evidence of threatened or endangered species was not found. As such, there will be no impact on endangered species or significant vegetation, flora or fauna were found . Mitigation: None Monitoring: Planning CULTURAL RESOURCES Would the project 9 Less than Potentially Significant Less Than Significant with Significant No Impact Mitigation Impact Impact Incorporated 6. Historic Resources • a) Alter or destroy an historic site? b) Cause a substantial adverse change in the significance of a historical resource as • defined in California Code of Regulations, Section 15064.5? Source: Site Visit Findings of Fact: The site has more recent construction on the property which would indicate that there is no historic resources on the property. Mitigation: None Monitoring: Archaeological Resources • a) Alter or destroy an archaeological site. b) Cause a substantial adverse change in the significance of an archaeological resource • pursuant to California Code of Regulations, Section 15064.5? c) Disturb any human remains, including those interred • outside of formal cemeteries? d) Restrict existing religious or sacred uses within the • potential impact area? Source: Site Visit Findings of Fact: As the site has been idle for a number of years, a review of appropriate materials and resources to determine if archaeological resources would impact the project. Mitigation: Prior to issuance of a building permit, an archaeological assessment shall be completed Monitoring: 8. Paleontological Resources Directly or indirectly destroy a unique • paleontological resource or site or unique geologic feature? Source: Site Visit Findings of Fact: The approval of the projects will not impact paleontological resources. Mitigation : None Monitoring: 10 Less than Potentially Significant Less Than Significant with Significant No Impact Mitigation Impact Impact Incorporated GEOLOGY AND SOILS Definitions for Land Use Suitability Ratings Where indicated below, the appropriate Land Use Suitability Rating(s) has been underlined . NA - Not Applicable S - Generally Suitable PS - Provisionally Suitable U - Generally Unsuitable R — Restricted a. VVould the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 9. Alquist-Priolo Special Studies or County Fault Hazard Zones Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo • Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? A-P Zones NA ✓ PS U R CFH Zones NA ✓ PS U R Source: Special Studies Zone Map review Findings of Fact: The site is not in a known seismic/fault hazard area. The site is predominately vacant with no unique landforms or features. Mitigation: None Monitoring: 10. Liquefaction Potential Zone Seismic-related ground failure, including • liquefaction? NA S ✓ PS U R Source: SJGP (MEA-IV-6) Findings of Fact: Liquefaction is generally not a problem in the San Jacinto area because ground water levels tend to be in excess of 30 feet deep. Recent drilling in the area of the San Jacinto River indicates a very deep water table. A hydrology study shall be conducted prior to development of the project are developed Mitigation: None Monitoring: 11 . Groundshaking Zone Strong seismic ground shaking? • NA S PS ✓ U R 11 Less than Potentially Significant Less Than Significant with Significant No Impact Mitigation Impact Impact Incorporated Source: SJGP (MEA-IV-6) Findings of Fact: Strong ground shaking accompany earthquakes generated by slippage on the San Jacinto or Casa Loma faults is probably the most important geologic hazard in the planning area. Evaluation of the intensity of the ground during large earthquakes during recent earthquakes indicate that the area is subject to particularly strong ground shaking. Mitigation: The project shall conform to building code requirements for construction within this ground shaking zone Monitoring: Building Department 12. Landslide Risk NA S ✓ PS U R Be located on a geologic unit or soil that is • unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, collapse, or rockfall hazards? Source: Site Visit, SJGP (MEA-IV-6) Findings of Fact: Land slides and slope instability are relatively minor hazards in the urbanized portions of the San Jacinto. They represent a severe hazard in the northern portion, where the valley floor intersects with the San Jacinto Mountains . This project is not located in the area where the valley floor intersects with the mountains. Mitigation: None Monitoring: 13. Ground Subsidence Be located on a geologic unit or soil that is unstable, or that would become unstable • as a result of the project, and potentially result in ground subsidence? Source: SJGP (MEA-IV-6) Findings of Fact: Settlement occurs along fault traces as a result of differential movement probably due to water extraction. This site is not located in a known subsidence area. Mitigation: None Monitoring: 14. Other Geologic Hazards • Such as seiche, mudflow or volcanic hazard? 12 Less than Potentially Significant Less Than Significant with Significant No Impact Mitigation Impact Impact Incorporated Source: Site Visit Findings of Fact: The site of the Parcel map is within the limits of a 100-year flood plain. Mitigation: Projects within this area shall comply with FEMA and City Engineer's requirements regarding development within the flood plain Monitoring: b. Would the project: 15. Slopes • a) Change topography or ground surface relief features? b) Create cut or fill slopes greater than 2: 1 or higher • than 10 feet? c) Result in grading that affects or negates subsurface • sewage disposal systems? Source: Plan Review Findings of Fact: The site is relatively flat. The proposal is not creating slopes higher than 10 feet and no slope will be greater than 50°/0 Mitigation: None Monitoring: 16. Soils • a) Result in substantial soil erosion or the loss of topsoil? b) Be located on expansive soil, as defined in Table 18- 1 -B of the Uniform Building Code (1994), • creating substantial risks to life or property? Source: U.S.D.A. Soil Conservation Service Soil Surveys Findings of Fact: The soil type in this area is not subject to expansion Mitigation: None Monitoring: 17. Erosion a) Change deposition, siltation or erosion which • may modify the channel of a river or stream or the bed of a lake? 13 Less than Potentially Significant Less Than Significant with Significant No Impact Mitigation Impact Impact Incorporated b) Result in any increase in water erosion either on or • off site? Source: U.S.D.A. Soil Conservation Service Soil Surveys Findings of Fact: The project would increase the amount of water runoff because there is an increase in impervious surfaces and roof tops. Mitigation: On site runoff shall b contained within the perimeter landscape area prior to entering the public right- of-way Monitoring: City Engineer 18. Wind Erosion and Blowsand from project either on or off site Be impacted by or result in an increase in wind • erosion and blowsand , either on or off site? Source: RCGP Findings of Fact: Wind driven erosion is a factor in this of area of San Jacinto. Mitigation: Soil amendments and similar techniques shall be used to reduce the occurrence of wind blown erosion Monitoring: HAZARDS AND HAZARDOUS MATERIALS Would the project 19. Hazards and Hazardous Materials a) Create a significant hazard to the public or the • environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions • involving the release of hazardous materials into the environment? c) Impair implementation of or physically interfere with an adopted emergency response plan • or an emergency evacuation plan? d) Emit hazardous emissions or handle hazardous or acutely hazardous materials, • substances, or waste within one-quarter mile of an existing or proposed school? 14 Less than Potentially Significant Less Than Significant with Significant No Impact , Mitigation Impact Impact Incorporated e) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section • 65962.5 and , as a result, would it create a significant hazard to the public or the environment? Source: SJGP Findings of Fact: The approval of the projects will not increase the risk of upset, interfere with emergency response or adversely impact human health. The site is near EMWD well sites. Based on the current designs of underground storage tanks, there is a reduced risk of leakage onto the well site. Mitigation: None Monitoring: 20. Airports • a) Result in an inconsistency with an Airport Master Plan? Require review by the Airport Land Use • Commission? c) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public • airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? d) For a project within the vicinity of a private airstrip, or heliport, would the project result • in a safety hazard for people residing or working in the project area? Source: SJGP Findings of Fact: The approval of the projects will not interfere with existing airport control zones. Mitigation: None Monitoring: 21 . Hazardous Fire Area Expose people or structures to a significant risk of loss, injury or death involving wildland • fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 15 Less than Potentially Significant Less Than Significant with Significant No Impact Mitigation Impact Impact Incorporated Source: SJGP Findings of Fact: The City General Plan indicates that the site is not located in a high fire hazard area. Mitigation: None Monitoring: HYDROLOGY AND WATER QUALITY Would the project 22. Water Quality Impacts a) Substantially alter the existing drainage pattern of the site or area, including the alteration • of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? b) Violate any water quality standards or waste • discharge requirements? c) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g. , the • production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? d) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide • substantial additional sources of polluted runoff? e) Place housing within a 100-year flood hazard area, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate • Map or other flood hazard delineation map? f) Place within a 100-year flood hazard area structures which would impede or redirect • flood flows? g) Otherwise substantially degrade water quality? • 16 Less than Potentially Significant Less Than Significant with Significant No Impact Mitigation Impact Impact Incorporated Source: SJGP, Flood insurance Map Findings of Fact: The project are not located within a 100 year flood zone Mitigation: None Monitoring: City Engineer, Building & Safety 23. Floodplains NA U R a) Substantially alter the existing drainage pattern • of the site or area, including the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? b) Changes in absorption rates or the rate and amount • of surface runoff? Expose people or structures to a significant risk of loss, injury or death involving flooding, • including flooding as a result of the failure of a levee or dam (Dam Inundation Area)? d) Changes in the amount of surface water in any water • body? Source: Project Map Findings of Fact: The approval of project will increase the amount of water runoff by reducing the amount undeveloped open area and the increase amount of impervious surfaces. Mitigation: The projects are conditioned to prepare and be given approval of project specific Water Quality Management Plan (WQMP) Monitoring: City Engineer LAND USE/PLANNING Would the project 24. Land Use • a) Result in a substantial alteration of the present or planned land use of an area? b) Affect land use within a city sphere of influence and/or within adjacent city or county • boundaries? 17 Less than Potentially Significant Less Than Significant with Significant No Impact Mitigation Impact Impact Incorporated Source: SJGP Findings of Fact: The General Plan calls for Community Commercial and MDR land uses . The draft General Plan also proposes the same combination of land uses . Mitigation: None Monitoring: Planning Department 25. Planning a) Be consistent with the site's existing or • proposed zoning? b) Be compatible with existing surrounding s zoning? c) Be compatible with existing and planned • surrounding land uses? d) Be consistent with the land use designations and policies of the Comprehensive • General Plan (including those of any applicable Specific Plan)? e) Disrupt or divide the physical arrangement of an established community (including a • low-income or minority community)? Source: SJGP, Zoning Ordinance Findings of Fact: The site and the uses proposed would have to conform to the C1 zoning district. Mitigation: None Monitoring: Planning Department MINERAL RESOURCES Would the project 26. Mineral Resources a) Result in the loss of availability of a known mineral resource in an area classified or • designated by the State that would be of value to the region or the residents of the State? b) Result in the loss of availability of a locally- important mineral resource recovery site • delineated on a local general plan, specific plan or other land use plan? c) Be an incompatible land use located adjacent to a State classified or designated area or S existing surface mine? 18 Less than Potentially Significant Less Than Significant with Significant No Impact Mitigation Impact Impact Incorporated d) Expose people or property to hazards from proposed, existing or abandoned quarries • or mines? Source: SJGP Findings of Fact: There are several sources of sand and gravel quarry operations in the area. These are all located in the northern part of the city, within Riverside County. The most significant mineral extraction operation is located adjacent to the San Jacinto River. This proposal is not located where it would impact mining operations. Mitigation: None Monitoring: NOISE Would the project result in Definitions for Noise Acceptability Ratings Where indicated below, the appropriate Noise Acceptability Rating(s) has been underlined. NA - Not Applicable A - Generally Acceptable B - Conditionally Acceptable C - Generally Unacceptable D - Land Use Discouraged 27. Airport Noise a) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public • airport or public use airport would the project expose people residing or working in the project area to excessive noise levels? NAVABCD b) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to • excessive noise levels? NAVABCD Source: SJGP Findings of Fact: The project is not located within the flight pattern of an existing airport or private airstrip Mitigation: None Monitoring: 19 Less than Potentially Significant Less Than Significant with Significant No Impact Mitigation Impact Impact Incorporated 28. Railroad Noise • NA ✓ A B C D Source: SJGP Findings of Fact: The project will not be impacted by railroad noise Mitigation: None Monitoring: 29. Highway Noise • NAVABCD Source: SJGP (MEA-ll-2) Findings of Fact: The Project may cause higher levels of truck traffic, however since the Ramona Expressway is a major roadway, noise from truck traffic is already significant. The approval of the projects should not result in impacts exceeding the noise thresholds established in the General Plan Noise Element. Mitigation: None Monitoring: 30. Other Noise • NA A B C D Source: Findings of Fact: Mitigation: Monitoring: 31 . Noise Effects on or by the Project a) A substantial permanent increase in ambient • ti noise levels in the project vicinity above levels existing without the project? b) A substantial temporary or periodic increase in ambient noise levels in the project vicinity • above levels existing without the project? c) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise • ordinance, or applicable standards of other agencies? 20 Less than Potentially Significant Less Than Significant with Significant No Impact Mitigation Impact Impact Incorporated d) Exposure of persons to or generation of excessive groundborne vibration or groundborne • noise levels? Source: Findings of Fact: The project may cause higher levels of car and truck traffic, however since the area is already the site of a major roadway and a vehicle noise is already significant. The approval of the projects should not result in impacts exceeding the noise thresholds established in the General Plan Noise Element. Mitigation: None Monitoring: POPULATION AND HOUSING Would the project 32. Housing a) Displace substantial numbers of existing • housing, necessitating the construction of replacement housing elsewhere? Create a demand for additional housing, particularly housing affordable to households earning • 80% or less of the County's median income? c) Displace substantial numbers of people, necessitating the construction of • replacement housing elsewhere? d) Affect a City Redevelopment Project Area? • e) Cumulatively exceed official regional or local • population projections? f) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly • (for example, through extension of roads or other infrastructure)? Source: SJGP }. Findings of Fact: The approval of these commercial project will not change housing in the area. Therefore, the proposal is not expected to affect population projections. Mitigation : None Monitoring: PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities or the need for new or physically altered governmental `icilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable ;rvice ratios, response times or other performance objectives for any of the public services: 21 Less than Potentially Significant Less Than Significant with Significant No Impact Mitigation Impact Impact Incorporated 33. Fire Services • Source: SJGP Findings of Fact: The project is within the 5 minute response time of Station 25. The effects of this proposal will increase the demand for fire services. Fire Station mitigation fees have been established . However, these fees are not intended to cover the demand for Fire Services. Mitigation : The project has been conditioned to annex into the Police and Fire CFD. Monitoring: 34. Police Services • Source: SJGP Findings of Fact: This tentative map is within the patrol area of the San Jacinto Police Department. As each parcel develops so will the increase in demand for police services. A public safety mitigation fee has been established these fees are collected prior to final inspection . However, this fee is insufficient to cover a projected demand for additional police services. Commercial development shall can be accomplished only after annexation into Police and Fire CFD's. Mitigation: Na commercial development will be permitted on any parcel unless and until the parcel has been annexed into City of San Jacinto financing districts CFD 2003-1 , AD #2003-01 , and Lighting Landscape and Park District #2. Monitoring: 35. Schools I • Source: SJGP Findings of Fact: The development of the projects being proposed in these conditional use permits, it is anticipated that there will be no impact to schools. Mitigation: None Monitoring: 36. Libraries • Source: SJGP Findings of Fact: No impact to libraries is anticipated Mitigation: None Monitoring: 37. Health Services I I I I • 12 Less than Potentially Significant Less Than Significant with Significant No Impact Mitigation Impact Impact Incorporated Source: SJGP Findings of Fact: The effect of this proposal is not expected to increase the demand for health services . Mitigation: None Monitoring: RECREATION 38. Parks and Recreation a) Would the project include recreational facilities or require the construction or expansion of • recreational facilities which might have an adverse physical effect on the environment? b) Would the project include the use of existing neighborhood or regional parks or other recreational facilities such that substantial • physical deterioration of the facility would occur or be accelerated? c) Is the project located within a C.S.A. or recreation and park district with a Community Parks • and Recreation Plan (Quimby fees)? Source: SJGP Findings of Fact: There is a continuing need for parks in the City of San Jacinto. However commercial project are exempt from park development requirements. Mitigation: None Monitoring: Building & Safety 39. Recreational Trails. • Source: SJGP Findings of Fact: This tentative tract is not located near City recreational trails. Mitigation: None Monitoring: TRANSPORTATION/TRAFFIC Would the project Less than Potentially Significant Less Than Significant with Significant No Impact Mitigation Impact Impact Incorporated 40. Circulation a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in • a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Result in inadequate parking capacity? • c) Exceed, either individually or cumulatively, a level of service standard established by • the county congestion management agency for designated road or highways? d) Result in a change in air traffic patterns, including either an increase in traffic levels • or a change in location that results in substantial safety risks? e) Alter waterborne, rail or air traffic? • f) Substantially increase hazards to a design feature (e.g. , sharp curves or dangerous • intersections) or incompatible uses (e.g. farm equipment)? g) Cause an effect upon, or a need for new or • altered maintenance of roads? h) Cause an effect upon circulation during the • project's construction? i) Result in inadequate emergency access or • access to nearby uses? j) Conflict with adopted policies supporting alternative transportation (e.g. bus • turnouts, bicycle racks)? Source: SJGP Findings of Fact: The roadways likely to be impacted by this project is Seventh Street and Ramona Expressway. According to the San Jacinto General Plan, the Ramona Expressway, is a primary north/south roadway is classified as a Major Roadway. The project will increase the amount of traffic in the immediate area because development is proposed . Mitigation: Both Seventh Street and the Ramona Expressway will be improved as conditioned by the City Engineer. The project is also conditioned to be annexed into a Pavement Management CFD . Monitoring: Building & Safety 41 . Bike Trails • 24 Less than Potentially Significant Less Than Significant with Significant No Impact Mitigation Impact Impact Incorporated Source: Findinas of Fact: The project is not in a bike trail system Mitigation: None Monitoring: UTILITY AND SERVICE SYSTEMS Would the project 42. Water a) Require or result in the construction of new water treatment facilities or expansion of • existing facilities, the construction of which would cause significant environmental effects? b) Have sufficient water supplies available to serve the project from existing entitlements and • resources, or are new or expanded entitlements needed? Source: City Engineer Findings of Fact: This project is located within the EMWD service area. Mitigation: When developed, the individual proposals will be conditioned to install water facilities as determined by the District Monitoring: 43. Sewer a) Require or result in the construction of new wastewater treatment facilities, including • septic systems, or expansion of existing facilities, the construction of which would cause significant environmental effects? b) Result in a determination by the wastewater treatment provider which serves or may service the project that it has adequate • capacity to serve the project's projected demand in addition to the provider's existing commitments? 25 Less than Potentially Significant Less Than Significant with Significant No Impact Mitigation Impact Impact Incorporated Source: City Engineer Findings of Fact: Sewer service is provided by the EMWD Mitigation : The applicant will be conditioned to provide improvements to EMWD standards when the parcels are developed Monitoring: EMWD 44. Solid Waste a) Is the project served by a landfill with sufficient • permitted capacity to accommodate the project's solid waste disposal needs? b) Comply with federal, state, and local statutes and regulations related to solid wastes • (including the CIWMP (County Integrated Waste Management Plan)? Source: City of San Jacinto Findings of Fact: Since no changes to uses are proposed under this amendment, no change to solid waste is anticipated Mitigation: None Monitoring: 45. Utilities Would the project impact the following facilities requiring or resulting in the construction of new facilities or the expansion of existing facilities; the construction of which could cause significant environmental effects? a) Electricity? • b) Natural gas? • c) Communications systems? • d) Storm water drainage? • e) Street lighting? • f) Maintenance of public facilities, including roads? • g) Other governmental services? • h) Conflict with adopted energy conservation plans? • /6 Less than Potentially Significant Less Than Significant with Significant No Impact Mitigation Impact Impact Incorporated Source: Planning Department Findings of Fact: The appropriate agencies have been contact with regard to this project, those comments have been forwarded to the applicant Mitigation : None Monitoring: OTHER 46. Other: • Source: Findings of Fact: Mitigation : Monitoring: 47. Other: • Source: Findings of Fact: Mitigation : Monitoring : 48. Other • Source: Findings of Fact: Mitigation : Monitoring: MANDATORY FINDINGS OF SIGNIFICANCE 49. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant • or animal community, reduce the number or restrict the range of a rare, or endangered plant or animal to eliminate important examples of the major periods of California history or prehistory? 27 C Less than Potentially Significant Less Than Significant with Significant No Impact Mitigation Impact Impact Incorporated Source: This review Findings of Fact: This review indicates that no substantial impact on the environment or habitat of fish or wildlife would occur 50. Does the project have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals? (A short-term impact on the environment • is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) Source: This review Findings of Fact: No short-term or long term impacts on the environment are expected. 51 . Does the project have impacts which are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of an individual project are considerable when viewed in • connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects as defined in California Code of Regulations, Section 15130)? Source: This review Findings of Fact: No impacts are expected 52. Does the project have environmental effects which will cause substantial adverse effects on • human beings, either directly or indirectly? Source: This review Findings of Fact: Nor direct or indirect impacts on human beings are expected VI . EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration . California Code of Regulations, Section 15063 (c) (3) (D). In this case, a brief discussion should identify the following: Earlier Analyses Used, if any: Location Where Earlier Analyses, if used, are available for review: 28 O. C N V! _... C U C6 A n rs N C G CC/3 fl. O CU 0 0 U) 000 0 dd OL N w U) = to O D D .s O I— t_ U) Cr) YJ � U) a c .. ..Y e- Nd ��` U Orr a) to t) ,+ C N • UQ' c� O.. (6 r r a- N N M H 4 N 0i U d d N O n00 a) QUUUUO [lw � 2MOdaCGcXXXMCCCCWIXIXECU) CO ow oi- ®o rp ,a, _ 9 V. Nam' bf . A e„,A lv n rya , #vPxife1 2 ' y4 Y'�vR rSv i•.t y5}1. v 0. %d.,,$ a t"M k ""'.vyypa',s+; :. l , Nf 3 ;n ra ,.. i '&'. n 4'Su. s, ,. ,c R , a' • atra , '� \ \ f/ \ { M „vi 'V.f -t IBH ink . 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' I i ' i i F § a o © c ! noon 1ikA Fai4a 1 i I i i 1 ab 0 El rell 6a Inc AGENDA ITEM 5.1 January 20, 2005 TO: The Honorable Mayor and Members of the City Council FROM: Bernie Simonl Finance Director SUBJECT: Approve Warrant Register for Warrants, Prepaid Checks, and Payroll Checks RECOMMENDATION: By motion, approve the warrant register for the warrants and prepaid items and payroll checks issued since the last Council meeting, for the period ending January 20, 2005 BACKGROUND: The following are the warrant and check numbers for this cycle: Warrant/Prepaid #s Cycle Dates Payroll Checks Cycle Date 69853-69966 January 20,2005 16925-16937 January 20,2005 Payroll information is available for Council review in the Finance Department. JUSTIFICATION: All warrants, pre-paid checks and payroll checks require Council approval. BUDGETARY IMPACT: Adequate funds have been budgeted to cover the subject expenses. ATTACHMENTS: 1 — Detailed listing of invoices paid and warrant register. 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ORGANIZATION Mayor Jim Ayres called the Special Meeting of the San Jacinto City Council to order at 6:50 p.m. Present: Jim Ayres, Chris Carlson-Buydos, Jim Conner, Ken Shaw, Dale Stubblefield Absent: None 2. PUBLIC COMMENTS None 3. PUBLIC HEARING: None 4. CITY DEPARTMENTS: 4.1 Resolution No. 2643 /A Resolution certifying the results of the 2004 City Council Election / Approve and Adopt/ City Clerk M/S/C (Ayres / Conner) moved to approve and adopt Resolution 2643 / A resolution certifying the results of the 2004 City Council Election held in San Jacinto on November 2, 2004 and certifying the results of the 2004 City Council and City Treasurer Election (Jim Ayres, Chris Carlson Buydos, and Robert Ritchie to serve as City Council Members for full four (4) year terms and City Treasurer James W. Potts to serve a full four (4) year term) 5. CONSENT CALENDAR 5.1 Resolution No. /A Resolution approving certain Joint Community Facilities Agreements (JCFA) between the City and the San Jacinto School District concerning the Community Facilities District No. 2004-5 of the San Jacinto Unified School District/ Approve and Adopt and authorize the City Manager to execute the same / City Attorney Page 1 of 2 Note: This item was rolled to the Regular Meeting's Consent Calendar directly following this meeting by unanimous consensus. 6. CHAIRMAN / MEMBER REPORTS / DISCUSSION None 7. OPEN SESSION ANNOUNCEMENTS CLOSED SESSION: None 8. ADJOURNMENT Following unanimous consensus, Mayor Ayres adjourned the Special Meeting at 6:56 p.m. Page 2 of 1 AGENDA ITEM 6 January 20, 2005 TO: The Honorable Mayor and Members of the City Council FROM: Special Tax Consultant and City Attorney SUBJECT: Proposed Resolution initiating annexation of territory(Commonly known as CNH Homes — Tract 31246 and Byron Burbridge and Jennifer Kling- Burbridge—Tract 33106) into Assessment District No. 2003-01 (AD 2003- 1), Annexation No. 10 for Road, Street and Highway Maintenance (AD 2003-1 Annexation No. 10) RECOMMENDATION: By motion, approve and adopt Resolution No. _ / a resolution of initiation to annex territory into AD 2003-1. BACKGROUND: The City Council and Planning Commission have recently identified the need for additional funding sources for the maintenance of certain streets, roads and highways due to the creation of new development within the City. On October 6, 2003, in response to the need for additional funding for such services, the City Council formed Assessment District 2003- 1 (the "District") and the levy of assessments therein upon those parcels of land which benefit from such maintenance. CNH Homes, Byron Burbridge and Jennifer Kling- Burbridge (the "Developer") are developing certain real property near the boundaries of the District. The Developer will receive the benefits described above if the Developer annexes into the District. The Developer now desires to receive such benefits and annex such real property into the District. JUSTIFICATION: The adoption of the resolution is required to begin the annexation process into the District Approv City Manager: Finance Director: A BUDGETARY IMPACT: The annexation of the Developer into the District will have a beneficial impact to the City's budget in that, upon implementation of the proposed annexation to the District, it would assist in the funding of the maintenance of certain roads, streets, and highways that would otherwise come from the City's general fund. ATTACHMENTS: Resolution No.: Page 2 of 2 STATE OF CALIFORNIA ) RESOLUTION NO. COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, INITIATING THE ANNEXATION OF CNH HOMES TRACT 31246 AND BYRON BURBRIDGE AND JENNIFER KLING-BURBRIDGE TRACT 33106 TO ASSESSMENT DISTRICT 2003- 1 (AD 2003-1 ) PURSUANT TO THE BENEFIT ASSESSMENT ACT OF 1982 (AD 2003-1 , ANNEXATION NO. 10) WHEREAS, the City Council pursuant to Resolution No. 2485, dated November 6, 2003, formed Assessment District No. 2003-1 (the "District") pursuant to the Benefit Assessment District Act of 1982 (the "Act") for the purpose of annually levying assessments on all land within the District to pay the costs of street, road and highway maintenance within said district; and WHEREAS, the City Council has now determined that certain property that will receive the benefit of such maintenance should be annexed to the District; and WHEREAS, the territory proposed to be annexed to the District (the "Territory") is shown on a map showing thereof entitled "Annexation Map No. 10 To Assessment District No. 2003-1 , City Of San Jacinto, County Of Riverside, State Of California" (the "Annexation Map"), attached hereto as Exhibit "A" . NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto: Section 1 . Annexation. The City Council hereby proposes to annex to the District that certain real property more particularly described and shown on the map attached hereto as Exhibit "A" and incorporated by reference herein, for the purpose of annually levying assessments on all such land to pay the costs of street, road and highway maintenance as described in Section 3 hereof. Section 2. Boundaries and Designation. The property to be included within the proposed boundaries of Annexation No. 10 is described and shown on the map attached hereto as Exhibit "A" and incorporated by reference herein (the "Annexation Area"). Section 3. Road Maintenance. The services proposed to be financed through the revenue derived from the assessments is to include maintenance of those streets, roads, or highways within the Annexation Area. Page 1 of 3 Section 4. Report. The City Engineer is ordered to prepare or cause to be prepared and filed with the City Clerk a report regarding the proposed Annexation No. 10 and the assessments to be levied on the land therein to pay the estimated annual costs of the street, road and highway maintenance described in Section 3 hereof in the fiscal year 2004-2005 in accordance with Government Code section 54703 et seq. , Government Code section 53753, and Article XIIID of the Constitution of the State of California. Said report shall contain all of the following: (a) A description of the service proposed to be financed through the revenue derived from the assessment to the property located within the Annexation Area. (b) A description of each lot or parcel of property with the Annexation Area that is subject to the benefit assessment. The assessor's parcel number shall be a sufficient description of the parcel . (c) The amount of the proposed assessment for each parcel within the Annexation Area. In the case of an assessment to be collected in installments pursuant to paragraph (2) of subdivision (a) of Government Code section 54711 , the report shall set forth the number of annual installments and the fiscal years during which they are to be collected, and fix the maximum amount of each annual installment. (d) The basis and schedule of the assessment within the Annexation Area. APPROVED, SIGNED and ADOPTED, this 20th day of January, 2005, by the following vote: Ayes: Nays: Abstain: Absent: City of San Jacinto By Chris Carlson-Buydos, Mayor Page 2 of 3 ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM : City Attorney, City of San Jacinto Best, Best & Krieger, LLP Page 3 of 3 f O I C ca a) C Lei I N O C U -- N ` O V co co clry co C U N = O 5 I :' 0 ) _ o U 0 o_ _co N pp) _ a1 Q 0 raO -- -p .-. 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N `t o X C a cc C c c Q in W C r v s N C 5 .§ v 0 ti o ^� Q _ r L a) - f = Q C 2 d cZ E n 350 cri 0 � �' 1- OZ N E2 Co 0° 13 x d H N Q' N COo a C s• i ir a zo AGENDA ITEM 5, 5 January 20, 2005 TO: The Honorable Mayor and Members of the City Council FROM: Special Tax Consultant and City Attorney SUBJECT: Proposed Resolution for approval of Engineer's Report and Setting Public Hearing for the Annexation of Property into Assessment District No. 2003- 01 (AD 2003-1) (Commonly known as CNH Homes—Tract 31246 and Byron Burbridge and Jennifer Kling-Burbridge—Tract 33106)for Road, Street and Highway Maintenance (AD 2003-1, Annexation No. 10) RECOMMENDATION: By motion, approve and adopt Resolution No. _ / a resolution approving engineer's report and setting public hearing for the annexation of territory into Assessment District No. 2003-1. BACKGROUND: The City Council may initiate proceedings at this meeting to annex certain territory owned by CNH Homes, Byron Burbridge and Jennifer Kling-Burbridge into Assessment District 2003-1 (the "District"). In order to expedite the annexation process, the City Council may also approve the engineer's report and set a time, date and place for the public hearing. Approval of the engineer's report and setting a time, date and place for the public hearing is required in order to proceed with the annexation process. The engineer's report sets forth the rate of the assessment in accordance with the benefit received by each parcel. JUSTIFICATION: The adoption of the resolution is required to continue the annexation process. Approval of the resolution at this meeting will expedite the annexation process. APPro City Manager. Finance Director: BUDGETARY IMPACT: The annexation of CNH Homes into the District will have a beneficial impact to the City's budget in that, upon implementation of the proposed annexation to the District, it would assist in the funding of the maintenance of certain roads, streets, and highways that would otherwise come from the City's general fund. ATTACHMENTS: Resolution No. Engineer's Report Page 2 of 2 STATE OF CALIFORNIA ) RESOLUTION NO. COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING ASSESSMENT ENGINEER'S REPORT AND APPOINTING TIME AND PLACE FOR HEARING PROTEST TO THE PROPOSED ANNEXATION (COMMONLY KNOWN AS CNH HOMES — TRACT 31246 AND BYRON BURBRIDGE AND JENNIFER KLING-BURBRIDGE — TRACT 33106) TO ASSESSMENT DISTRICT 2003-01 (AD 2003-1 ) PURSUANT TO THE BENEFIT ASSESSMENT ACT OF 1982 (AD 2003-1 , ANNEXATION NO. 10) WHEREAS, the City Council pursuant to Resolution No. 2485, dated November 6, 2003, formed Assessment District No. 2003-1 (the " District") pursuant to the Benefit Assessment District Act of 1982 (the "Act") for the purpose of annually levying assessments on all land within the District to pay the costs of street, road and highway maintenance within said district; and WHEREAS, the City Council has initiated proceedings for the annexation of certain property to the District, pursuant to Resolution No. _ approved on January 20, 2005 (the "Resolution of Initiation"); and WHEREAS, as ordered by the City Council, David Taussig and Associates has prepared and filed with the City Clerk a report regarding the assessments to be levied and collected from the owners of such annexed property to pay the costs of streets, roads and highway maintenance. WHEREAS, the City Council desires to pass upon such report and appoint a time and place for hearing protests to the proposed annexation and the levy of assessments therein. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto: Section 1 . Report. The report of David Taussig and Associates (the " Report") contains all matters required by the Act and is, therefore, in proper form and does not require modification. The Report is hereby adopted, passed upon and preliminarily approved. Section 2. Assessments. The assessments which are proposed to be levied on all parcels of assessable land within the territory to be annexed to the District are based on special benefits conferred upon each such parcel from the payment of the cost of the maintenance of streets, roads and highways. Page 1 of 3 Section 3. Proportionate Benefit. The proportionate special benefit derived by each such parcel has been determined in relationship to the entirety of the capital cost of such the maintenance of streets, roads and highways. The amount of the assessment shall not exceed the reasonable cost of the proportional special benefit conferred on that parcel . Section 4. Hearing. The public hearing for protest to the annexation of certain property described in the Resolution of Initiation and the levy of assessments therein in accordance with and for the purposes set forth in the Report is hereby set for 7:00 pm on February 3, 2005 at San Jacinto Unified School District Board Room, located at 2045 South San Jacinto Avenue, San Jacinto, California. Section 5. Notice. The City Clerk is hereby directed to mail notice of the proposed annexation, filing of the Report, and the time and place of the public hearing, as specified in Section 4, to all persons owning real property proposed to be annexed whose names appear on the last equalized assessment roll for taxes of the County of Riverside, or who are known to the City Clerk. The form of such notice shall conform in all respects with the requirements of the Act and shall include an assessment ballot whereon the property owner may indicate his or her support or opposition to the proposed assessment. Upon the completion of the mailing of said notices, the City Clerk shall file with the City Council a declaration setting forth the time and manner of the compliance with the requirements of this resolution for mailing notices. APPROVED, PASSED and ADOPTED, this 20th day of January, 2005, by the following vote: Ayes: Nays: Abstain: Absent: City of San Jacinto By Chris Carlson-Buydos, Mayor Page 2 of 3 ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM : City Attorney, City of San Jacinto Best, Best & Krieger Page 3 of 3 I ) ENGINEER' S REPORT ANNEXATION NO. 10 TO ASSESSMENT DISTRICT No. 2003-1 OF THE CITY OF SAN JACINTO January 10, 2005 c c ENGINEER'S REPORT ANNEXATION NO. 10 TO ASSESSMENT DISTRICT NO. 2003-1 CITY OF SAN JACINTO Prepared for Prepared by CITY OF SAN JACINTO DAVID TAUSSIG & ASSOCIATES, INC. 201 East Main Street 1301 Dove Street, Suite 600 San Jacinto, CA 92583 Newport Beach, CA 92660 (951) 654-7337 (949) 955-1500 c c c TABLE OF CONTENTS Part Page Introduction 1 Part I: Description of the Services to be Financed 2 Part II: Description of Assessment District 3 Part III: Amount of the Prepared Assessment and Assessment Roll 4 Part IV: Basis and Schedule of Assessment 6 Exhibits A-1 : Assessment Diagram A-2: Tract Maps for Zone 17 B: Assessment Roll C: Detailed Cost Estimate: Zone 17 D: Cost of Services Summary E: Cash Flow Model: Zone 17 Page i .+ s rF� �:.:, i INTRODUCTION In accordance with the Resolution of the City Council of the City of San Jacinto, California, initiating the annexation of certain real property to Assessment District No. 2003-01 (hereinafter referred to as the "Assessment District or AD No. 2003-1"), pursuant to the Benefit Assessment Act of 1982 (hereinafter referred to as the "Resolution of Initiation"), adopted by the City Council of the City of San Jacinto (hereinafter referred to as the "Council"), in connection with the proceedings for Annexation No. 10 to Assessment No. 2003-1 , David Taussig & Associates, Inc. herewith submits the Engineer's Report for Annexation No. 10 to AD No. 2003-1 (the "Report"), consisting of four (4) parts as follows: PART I - DESCRIPTION OF THE SERVICES TO BE FINANCED A description of the street maintenance services to be provided by the Assessment District for Annexation No. 10 is discussed in this part. PART II - DESCRIPTION OF ASSESSMENT DISTRICT A description of the property within each zone of benefit within Annexation No. 10 is contained in this part of the Report. PART III - AMOUNT OF THE PROPOSED ASSESSMENT AND ASSESSMENT ROLL This part includes the amount of the proposed assessment. PART IV - BASIS AND SCHEDULE OF ASSESSMENT This part discusses the methodology used to allocate the assessment based on the benefit received by property within Annexation No. 10. Engineer's Report Page 1 City of San Jacinto Annexation No. 10 to Assessment District No. 2003-1 January 10, 2005 PART I. DESCRIPTION OF THE SERVICES TO BE FINANCED The Assessment District is intended to finance the costs associated with the maintenance of interior streets within the boundaries of Annexation No. 10, including street sweeping, slurry seal, grind and overlay of existing pavement, and replacement of damaged curb, sidewalk, and pavement. Each type of service is described below. Street Sweeping This service shall consist of cleaning the streets within Annexation No. 10 by City of San Jacinto ("City") forces or by contract with outside forces. The streets will be cleaned on a monthly basis, consistent with the current level of service for existing streets within the City limits. Slurry Seal This service shall consist of providing a slurry seal, or asphaltic coating over pavement areas within Annexation No. 10 on an average interval of four years. The service shall be performed by City forces or by public works contract, and shall include all required striping and traffic control associated with the work. Slurry seal operations will not occur in interval years where grind and overlay or replacement activities, as described below, are scheduled. Grind and Overlay This service shall consist of grinding out the upper 2 inches (approximately) of asphalt paving and replacing with a new layer of asphalt, on an average interval of twelve years. The service shall be performed by City forces or by public works contract, and shall include all required striping and traffic control associated with the work. Grinding and overlay operations shall not occur within interval years where Remove and Reconstruct operations, as described below, are scheduled. Remove and Reconstruct It is estimated that approximately every 36 years the asphaltic layer of the pavement structural section will need to be removed and replaced. In addition it is assumed that 10% of curb and sidewalk improvements will need to be repaired or replaced, due to normal damage and deterioration. This service shall consist of such removals and replacements and shall be performed by City forces or by public works contract, and shall include all required striping and traffic control associated with the work. Engineer's Report Page 2 City of San Jacinto Annexation Na 10 to Assessment District No. 2003-1 January 10, 2005 PART II. DESCRIPTION OF ASSESSMENT DISTRICT For purposes of determining the benefits associated with the costs of services provided by the Assessment District, Annexation No. 10 has been divided into one zone of benefit ("Zone") based on location as described below and shown on the assessment diagram located in Exhibit A-1 . Zone 17 Zone 17 consists solely of Tract Nos. 31246 and 33106, Assessor Parcel Number ("APN") 434-050- 003, and 434-050-026, and encompasses approximately 42.66 acres. There are 143 residential lots located in Tract Nos. 31246 and 33106. Maps of Tract Nos. 31246 and 33106 are provided in Exhibit A-2. Engineer's Report Page 3 City of San Jacinto Annexation No. 10 to Assessment District No. 2003-1 January 10, 2005 PART III. AMOUNT OF THE PREPARED ASSESSMENT AND ASSESSMENT ROLL WHEREAS, the City Council pursuant to Resolution No. 2485, dated November 6, 2003, formed AD No. 2003-1 pursuant to the Benefit Assessment District Act of 1982 (the "Act") for the purpose of annually levying assessments on all land within the Assessment District to pay the costs of street, road and highway maintenance within said district; and WHEREAS, the City Council has now determined that certain property that will receive the benefit of such maintenance should be annexed to the Assessment District; and WHEREAS, previously the City Council of the City of San Jacinto, California, did, pursuant to the provisions of the Benefit Assessment Act of 1982, adopt its Resolution of Initiation, for the purpose of annually levying assessments for the maintenance of streets, roads and highways within Annexation No. 10, and, WHEREAS, said Resolution of Initiation, as required by law, did direct the City Engineer to prepare or cause to be prepared and file a Report, regarding the proposed Annexation No. 10 to AD No. 2003-1 and the assessments to be levied on the land therein to pay the estimated annual costs of the street, road and highway maintenance. For particulars, reference is made to the resolution forming AD No. 2003-1 and the Resolution of Initiation as previously adopted, and NOW, THEREFORE, David Taussig and Associates, Inc., at the direction of the City Engineer, pursuant to the Benefit Assessment Act of 1982, does hereby submit the following: 1 . Pursuant to the provisions of law and the Resolution of Initiation, the costs and expenses of the street maintenance to be performed in Annexation No. 10 to the Assessment District have been assessed upon the parcels of land in Annexation No. 10 to the Assessment District benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. 2. A diagram is attached in Exhibit A-1, showing Annexation No. 10 to the Assessment District, as well as the boundaries of the respective parcels and subdivisions of land within said Annexation No. 10 to the Assessment District as the same existed at the time of the passage of said Resolution of Initiation, each of which subdivisions of land or parcels or lots respectively have been identified by Assessor Parcel Number upon said Diagram and in said Assessment Roll. 3. An Assessment Roll is attached in Exhibit B, containing the maximum assessment per lot for fiscal year 2005-2006. Notwithstanding the above, the City will not levy an assessment for services related to road facilities that have not been accepted for maintenance by the City. Engineer's Report Page 4 City of San Jacinto Annexation No. 10 to Assessment District No. 2003-1 January 10, 2005 4. By virtue of the authority contained in said Benefit Assessment Act of 1982 and by further direction and order of the legislative body, the following assessment is hereby made to cover the costs and expenses of the street maintenance for Annexation No. 10 to the Assessment District based on the costs and expenses, as set forth in Part IV: FY 2005-06 Total No. of FY 2005-06 Zone Annual Assessment Residential Assessment per Lots [1] Residential Lot [1] 17 $29,457 143 $205.99 [1] If total number of lots within a Zone changes based on recordation of final maps, the total annual cost will be reallocated to the actual number of residential lots within such Zone. The maximum amount of such annual assessment for the Assessment District shall increase annually beginning July 1, 2006, by an amount equal to the percentage change in the Engineering News-Record Construction Cost Index for Los Angeles, measured as of the month of December in the calendar year which ends in the previous fiscal year, with a maximum annual increase of six percent (6.00%) and a minimum annual increase of zero percent (0.00%) of the amount in effect in the previous fiscal year. Engineer's Report Page 5 City of San Jacinto Annexation No. 10 to Assessment District No. 2003-1 January 10, 2005 PART IV. BASIS AND SCHEDULE OF ASSESSMENT Assessments levied pursuant to the Benefit Assessment Act of 1982 must be based on the benefit to the parcel, which will be derived from the provision of the services. The services to be financed by the assessments levied within each Zone are the maintenance of interior streets within such Zone. Therefore, the services financed by a given Zone provide direct and special benefit to property within such Zone. Typically, identification of the benefits associated with maintenance services is the first step in developing the assessment spread methodology. The Assessment District will provide short term and long teen maintenance of the streets within each Zone. The resulting benefits to the residential lots within each Zone consist of, but are not limited to: 1 . Safe vehicular and pedestrian access; and 2. Clean and presentable streets and gutters. In order to allocate the assessments in proportion to the direct benefits that each parcel will receive from the services, an in-depth analysis was performed for each Zone since each Zone has its own interior street facilities. The analysis entailed three component tasks: (1) identification of service costs, (2) allocation of costs, and (3) calculation of assessments, as described below. Costs of Services Maintenance costs for each type of service were calculated for each Zone based on the paving area, length of curb, and area of sidewalk within such Zone as determined from available maps and improvement plans, and unit prices as discussed below. The unit price per curb-mile per year was calculated using the City's current annual budget for street sweeping divided by the monthly service (in curb-miles). This unit price is applied to the total curb- miles for the annexed Zone. Weighted average unit prices were applied to construction items such as slurry seal, asphalt paving, concrete curb, and concrete sidewalk based on data from recent projects of similar size within the same geographic area. Other items such as traffic control, striping, and mobilization were added as lump sum items to more closely approximate total bid prices. A summary of the cost estimates for the annexed Zone is provided in Exhibit C. Ten percent was added to the estimated maintenance costs for construction administration. An additional $21 .65 per single-family residential lot was added for annual administration of Annexation No. 10 to the Assessment District. The cost of services is summarized in Exhibit D. Engineer's Report Page 6 City of San Jacinto Annexation No. 10 to Assessment District No. 2003-1 January 10, 2005 Allocation of Cost Zone 17 is expected to be developed with single-family residential lots only, all of which receive similar benefit from the maintenance of interior street facilities within such zone. Therefore the cost of services for such Zone is allocated equally to each single-family residential lot within the Zone. Annual Assessment In order to determine the annual assessment for each Zone, a 36-year cash flow was prepared for Zone 17 (see Exhibit E). The cash flow sets forth the expected annual assessment revenue along with the projected annual cost for each type of service based on the costs identified in Part IV above and the service intervals described in Part I, assuming that the revenues and costs escalate by an average rate of 3. 1% per year. As not all services are provided each year, the amount of funds required from a particular Zone will vary from year to year. The fiscal year 2005-06 annual assessment was calculated such that the annual assessment revenues in any year plus the expected fund balance remaining from previous annual assessments will provide sufficient revenue to fund the services required in any given year, assuming that revenues and costs escalate by an average rate of 3. 1% per year. The following table sets forth the total fiscal year 2005-06 assessment for the annexed Zone as well as the fiscal year 2005-06 maximum assessment per residential lot. Schedule of Assessments FY 2005-06 Total No. of FY 2005-06 Zone Annual Assessment [1] Residential Assessment per Lots [2] Residential Lot [1, 2] 17 $29,457 143 $205.99 [1] Annual Assessments are subject to annual escalations between 0% and 6% per year. [2] If total number of lots within a Zone changes based on recordation of final maps, the total annual cost will be reallocated to the actual number of residential lots within such Zone. Engineer's Report Page 7 City of San Jacinto Annexation No. 10 to Assessment District No. 2003-1 January 10, 2005 In conclusion, it is my opinion that the assessments for the above-referenced Assessment District have been spread in direct accordance with the benefits that each parcel receives from the street maintenance services. Dated: January 10, 2005. QROf tSbJpn� Abk• QO, N 4. RGl F2` David Taussig and Associates, Inc. co �C 2 • No. C23473 �t I -*/ & rs,� G�� ENG*' 4t•,/ Assessment Consultant TF �EQ=� Cityof San Jacinto �.F CAt .. County of Riverside State of California I, Dorothy L. Chouinard, City Clerk of the City of San Jacinto, California do hereby certify that the foregoing assessment, together with the Diagram attached thereto, was filed in my office on the 11th day of January 2005. MVOalOW/Y44(1 Dorothy L. Chouinard City erk of the City of San Jacinto County of Riverside State of California KAClients215anJaciotovoadmaintlAnnexNo. 101engrpt_annexl0_finaljevised 2.doc Engineer's Report Page 8 City of San Jacinto Annexation No. 10 to Assessment District No. 2003-1 January 10, 2005 EXHIBIT A-1 ENGINEER'S REPORT ASSESSMENT DIAGRAM E. c cd 8 c m o t.. m w0 o U .2 E co co t O w cv > C 2 2 a) N U C u c7 _T U U o C N U ccmOO OE O O aJ C O E �' C 15 5 ,� c m io U U o m U a o = 63 GS° pq 18 Coco §im ' U L8o > U N 1.6 co o c co 0 it) 3 0 CUp 0 U - C E U U a) U O co U CO C EO` , O S R O a) a) E N U — 0 N O c E -72 =0 E 'ff U m m "- N a, c6 Cc�i OSO O •` V. 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City of San Jacinto Annexation No. 10 to Assesssment District No. 2003-1 FY 2005-06 Assessment Roll FY 2005-06 APN Tract Lot Assessment Zone 17 434-050-003 33106 1 $205.99 434-050-003 33106 2 $205.99 434-050-003 33106 3 $205.99 434-050-003 33106 4 $205.99 434-050-003 33106 5 $205.99 434-050-003 33106 6 $205.99 434-050-003 33106 7 $205.99 434-050-003 33106 8 $205.99 434-050-003 33106 9 $205.99 434-050-003 33106 10 $205.99 434-050-003 33106 11 $205.99 434-050-003 33106 12 $205.99 434-050-003 33106 13 $205.99 434-050-003 33106 14 $205.99 434-050-003 33106 15 $205.99 Subtotal: S3,089.85 434-050-026 31246 1 $205.99 434-050-026 31246 2 $205.99 434-050-026 31246 3 $205.99 434-050-026 31246 4 $205.99 434-050-026 31246 5 $205.99 434-050-026 31246 6 $205.99 434-050-026 31246 7 $205.99 434-050-026 31246 8 $205.99 434-050-026 31246 9 $205.99 434-050-026 31246 10 $205.99 434-050-026 31246 11 $205.99 434-050-026 31246 12 $205.99 434-050-026 31246 13 $205.99 434-050-026 31246 14 $205.99 434-050-026 31246 15 $205.99 434-050-026 31246 16 $205.99 434-050-026 31246 17 $205.99 434-050-026 31246 18 $205.99 434-050-026 31246 19 $205.99 434-050-026 31246 20 $205.99 434-050-026 31246 21 $205.99 434-050-026 31246 22 $205.99 434-050-026 31246 23 $205.99 434-050-026 31246 24 $205.99 434-050-026 31246 25 $205.99 434-050-026 31246 26 $205.99 434-050-026 31246 27 $205.99 434-050-026 31246 28 $205.99 434-050-026 31246 29 $205.99 434-050-026 31246 30 $205.99 434-050-026 31246 31 $205.99 434-050-026 31246 32 $205.99 434-050-026 31246 33 $205.99 434-050-026 31246 34 $205.99 434-050-026 31246 35 $205.99 434-050-026 31246 36 $205.99 434-050-026 31246 37 $205.99 434-050-026 31246 38 $205.99 434-050-026 31246 39 $205.99 Page 1 of 3 David Taussig & Associates, Inc. City of San Jacinto Annexation No. 10 to Assesssment District No. 2003-1 FY 2005-06 Assessment Roll FY 2005-06 APN Tract Lot Assessment 434-050-026 31246 97 $205.99 434-050-026 31246 98 $205.99 434-050-026 31246 99 $205.99 434-050-026 31246 100 $205.99 434-050-026 31246 101 $205.99 434-050-026 31246 102 $205.99 434-050-026 31246 103 $205.99 434-050-026 31246 104 $205.99 434-050-026 31246 105 $205.99 434-050-026 31246 106 $205.99 434-050-026 31246 107 $205.99 434-050-026 31246 108 $205.99 434-050-026 31246 109 $205.99 434-050-026 31246 110 $205.99 434-050-026 31246 111 $205.99 434-050-026 31246 112 $205.99 434-050-026 31246 113 $205.99 434-050-026 31246 114 $205.99 434-050-026 31246 115 $205.99 434-050-026 31246 116 $205.99 434-050-026 31246 117 $205.99 434-050-026 31246 118 $205.99 434-050-026 31246 119 $205.99 434-050-026 31246 120 $205.99 434-050-026 31246 121 $205.99 434-050-026 31246 122 $205.99 434-050-026 31246 123 $205.99 434-050-026 31246 124 $205.99 434-050-026 31246 125 $205.99 434-050-026 31246 126 $205.99 434-050-026 31246 127 $205.99 434-050-026 31246 128 $205.99 Subtotal: $26,366.72 Total Assessment for Zone 17: $29,456.57 Total FY 2005-06 Assessment: $29,456.57 KAClients2\San Jacinto koadmaint\Annex No. 10\Assessment_Roll.rpt Page 3 of 3 EXHIBIT C ENGINEER'S REPORT DETAILED COST ESTIMATE : ZONE 17 David Taussig Associates, Inc. City of San Jacinto Detailed Cost Estimate AD No. 2003-1 , Annexation No. 10 Zone 17 Tract No. 31246 & 33106 Curb Curb- Cost Per Length Miles Curb-Mile Annual Cost (Street Sweeping 12,275 2.324811 185.58 $431 .44 Quantity Units Unit Price Cost Slurry Seal: Mobilization 1 I.s. $4, 124.00 $4, 124 Place slurry seal 258,017 s.f. $0. 10 $26,602 Crack Seal @ 20% of slurry seal cost - I.s. - $5,320 Striping 1 I.s. $3,608.50 $3,609 Traffic Control 1 I.s. $3,608.50 $3,609 Total $43,263 Quantity Units Unit Price Cost Grind and Overlay Mobilization 1 I.s. $4, 124.00 $4,124 Grind 258,017 s.f. $0.03 $7,980 0. 15' asphaltic concrete paving overlay 2,709 tons $36.09 $97,761 Striping 1 I.s. $3,608.50 $3,609 Traffic Control 1 Ls. $3,608.50 $3,609 Total $1171082 Quantity Units Unit Price Cost Remove and Reconstruct Mobilization 1 l.s. $15,465.00 $15,465 Remove concrete curb @ 10% of total quantity 1 ,227.5 I.f. $1 .03 $1 ,266 Remove sidewalk @ 10% of total quantity 6,751 .25 s.f. $0. 15 $1 ,044 Grind 0.33' AC paving 258,017 s.f. $0.07 $17,823 construct 6" curb @10% of total quantity 1,227.5 I.f. $7.84 $9,618 construct 6' wide sidewalk @ 10% of total quantity 6,751 .25 s.f. $1 .80 $12, 181 construct 0.25' AC paving 4,515.30 tons $36.09 $162,935 Striping 1 I.s. $3,608.50 $3,609 Traffic control 1 I.s. $3,608.50 $3,609 Total $227,548 KAClients2\San Jacinto\madmaintlAnnex No. 101[ExhibitsC&E.xls]Exhibit C EXHIBIT D ENGINEER'S REPORT COST OF SERVICES SUMMARY 0 cn \ p eEo %8cE i.e. aE w a \ � CD >- E u. § 2k <to E to 8 f to R § { = 2 R 0 < r CI 4 \ CO > 0 • $ § } 2S co C as / < k C IX § � � k C ° 0 § 'CS ° Ek 0 fa § ■ Co 2 E } k - To / k c - < > E § g ; wLL � 0 ® & / 0 f c a D — $ $ c Cu 0 � � � Co ® ( o - § kk < • u © c® / 2 2 } 0.1 ] cv CV aI - aa / % 2 t SI q coC / 6 kk � � k § � \ f of s t } 2 - f mi co k jo \ o 2t C \ C2 k � k ( ® q � < IsEI % � F Y EXHIBIT E ENGINEER'S REPORT CASH FLOW MODEL : ZONE 17 David Taussig Associates, Inc. City or San Jacinto Street Maintenance Allocation 111 AD No. 2003-1 Annexation No. 10 Zone 17 Tract Nos. 31246 & 33108 FY Projected Year Begin- Annual Fund Balance Assessment Street Slurry Grind and Remove & Construction District Total Annual (Revenue ning Revenue Sweeping Seal Overlay Reconstruct Administration Admin Expenditure Minus Cost) 1 2005 $29,457 $431 $43 $3,096 $3,571 $25,886 2 2006 $30,370 $445 $44 $3,192 $3,681 $52,575 3 2007 $31 ,312 $459 $46 $3,291 $3,795 $80,092 4 2008 $32,282 $473 $47,412 $4,789 $3,393 $56,067 $56,307 5 2009 $33,283 $487 $49 $3,498 $4,034 $85,556 6 2010 $34,315 $503 $50 $3,607 $4,159 $115,712 7 2011 $35,379 $518 $52 $3,718 $4,288 $146,802 8 2012 $36,475 $534 $53,571 $5,410 $3,834 $63,349 $119,929 9 2013 $37,606 $551 $55 $3,952 $4,558 $152,976 10 2014 $38,772 $568 $57 $4,075 $4,700 $187,049 11 2015 $39,974 $585 $59 $4,201 $4,845 $222,177 12 2016 $41 ,213 $604 $163,808 $16,441 $4,332 $185,185 $78,205 13 2017 $42,491 $622 $62 $4,466 $5,150 $115,545 14 2018 $43,808 $642 $64 $4,604 $5,310 $154,043 15 2019 $45,166 $662 $66 $4,747 $5,475 $193,734 16 2020 $46,566 $682 $68,390 $6,907 $4,894 $80,874 $159,427 17 2021 $48,009 $703 $70 $5,046 $5,819 $201 ,617 18 2022 $49,498 $725 $72 $5,202 $6,000 $245,115 19 2023 $51 ,032 $747 $75 $5,364 $6,186 $289,961 20 2024 $52,614 $771 $77,273 $7,804 $5,530 $91 ,378 $251 ,197 21 2025 $54,245 $794 $79 $5,701 $6,575 $298,868 22 2026 $55,927 $819 $82 $5,878 $6,779 $348,015 23 2027 $57,661 $845 $84 $6,060 $6,989 $398,687 24 2028 $59,448 $871 $236,287 $23,716 $6,248 $267,122 $191 ,013 25 2029 $61,291 $898 $90 $6,442 $7,429 $244,875 26 2030 $63,191 $926 $93 $6,641 $7,659 $300,407 27 2031 $65,150 $954 $95 $6,847 $7,897 $357,660 28 2032 $67,170 $984 $98,650 $9,963 $7,060 $116,857 $308,172 29 2033 $69,252 $1 ,014 $101 $7,278 $8,394 $369,030 30 2034 $71 ,399 $1 ,046 $105 $7,504 $8,654 $431 ,774 31 2035 $73,612 $1 ,078 $108 $7,737 $8,923 $496,463 32 2036 $75,894 $1,112 $111 ,464 $11 ,258 $7,977 $131,809 $440,548 33 2037 $78,247 $1 ,146 $115 $8,224 $9,484 $509,310 34 2038 $80,672 $1,182 $118 $6,479 $9,778 5580,204 35 2039 $83,173 $1,218 $122 $8,742 $10,082 $653,295 36 2040 $85,752 $1,256 $662,410 $66,367 $9,013 $739,045 $2 Totals $1,901 ,704 $27,853 $456,761 $400,096 $662,410 $154,712 $199,870 $1 ,901 ,702 Number of Single Family Residential Lots 143 Year 1 Cost per Residential Lot $205.99 Iti Assumes costs and annual assessment revenue escalate at an average rate of 3.10%. KYlarasNm JadtdenadrnalnilAnna No.9'EatiPa EjiliSNen AGENDA ITEM 5i January 20, 2005 TO: The Honorable Mayor and Members of the City Council FROM: Special Tax Consultant and City Attorney SUBJECT: Proposed Resolution initiating annexation of territory (Commonly known as YH Washington, LLC—Tract 31794) into Assessment District No. 2003-01 (AD 2003-1), Annexation No. 11 for Road, Street and Highway Maintenance (AD 2003-1 Annexation No. 11) RECOMMENDATION: By motion, approve and adopt Resolution No. _ / a resolution of initiation to annex territory into AD 2003-1. BACKGROUND: The City Council and Planning Commission have recently identified the need for additional funding sources for the maintenance of certain streets, roads and highways due to the creation of new development within the City. On October 6, 2003, in response to the need for additional funding for such services, the City Council formed Assessment District 2003- 1 (the "District") and the levy of assessments therein upon those parcels of land which benefit from such maintenance. YH Washington LLC (the "Developer') is developing certain real property near the boundaries of the District. The Developer will receive the benefits described above if the Developer annexes into the District. The Developer now desires to receive such benefits and annex such real property into the District. JUSTIFICATION: The adoption of the resolution is required to begin the annexation process into the District. Arlie City Manager: vr 17L_____ Finance Director: BUDGETARY IMPACT: The annexation of the Developer into the District will have a beneficial impact to the City's budget in that, upon implementation of the proposed annexation to the District, it would assist in the funding of the maintenance of certain roads, streets, and highways that would otherwise come from the City's general fund. ATTACHMENTS: Resolution No.: Page 2 of 2 STATE OF CALIFORNIA ) RESOLUTION NO. COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, INITIATING THE ANNEXATION OF YH WASHINGTON, LLC. - TRACT 31794 TO ASSESSMENT DISTRICT 2003-1 (AD 2003-1 ) PURSUANT TO THE BENEFIT ASSESSMENT ACT OF 1982 (AD 2003-1 , ANNEXATION NO. 11 ) WHEREAS, the City Council pursuant to Resolution No. 2485, dated November 6, 2003, formed Assessment District No. 2003-1 (the " District") pursuant to the Benefit Assessment District Act of 1982 (the "Act") for the purpose of annually levying assessments on all land within the District to pay the costs of street, road and highway maintenance within said district; and WHEREAS, the City Council has now determined that certain property that will receive the benefit of such maintenance should be annexed to the District; and WHEREAS, the territory proposed to be annexed to the District (the "Territory") is shown on a map showing thereof entitled "Annexation Map No. 11 To Assessment District No. 2003-1 , City Of San Jacinto, County Of Riverside, State Of California" (the "Annexation Map"), attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto: Section 1 . Annexation. The City Council hereby proposes to annex to the District that certain real property more particularly described and shown on the map attached hereto as Exhibit "A" and incorporated by reference herein, for the purpose of annually levying assessments on all such land to pay the costs of street, road and highway maintenance as described in Section 3 hereof. Section 2. Boundaries and Designation. The property to be included within the proposed boundaries of Annexation No. 11 is described and shown on the map attached hereto as Exhibit "A" and incorporated by reference herein (the "Annexation Area"). Section 3. Road Maintenance. The services proposed to be financed through the revenue derived from the assessments is to include maintenance of those streets, roads, or highways within the Annexation Area. Section 4. Report. The City Engineer is ordered to prepare or cause to be prepared and filed with the City Clerk a report regarding the Page 1 of 3 proposed Annexation No. 11 and the assessments to be levied on the land therein to pay the estimated annual costs of the street, road and highway maintenance described in Section 3 hereof in the fiscal year 2005-2006 in accordance with Government Code section 54703 et seq. , Government Code section 53753, and Article XIIID of the Constitution of the State of California. Said report shall contain all of the following: (a) A description of the service proposed to be financed through the revenue derived from the assessment to the property located within the Annexation Area. (b) A description of each lot or parcel of property with the Annexation Area that is subject to the benefit assessment. The assessor's parcel number shall be a sufficient description of the parcel . (c) The amount of the proposed assessment for each parcel within the Annexation Area. In the case of an assessment to be collected in installments pursuant to paragraph (2) of subdivision (a) of Government Code section 54711 , the report shall set forth the number of annual installments and the fiscal years during which they are to be collected, and fix the maximum amount of each annual installment. (d) The basis and schedule of the assessment within the Annexation Area. APPROVED, SIGNED and ADOPTED, this 20th day of January, 2005, by the following vote: Ayes: Nays: Abstain: Absent: City of San Jacinto By Chris Carlson-Buydos, Mayor Page 2of3 ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM : City Attorney, City of San Jacinto Best, Best & Krieger, LLP Page 3of3 E 2 I .__ c ✓ Y c N c Op 0 s tO Y O N O : asm 0 Z _ Ca _ O N N N L.L 46 Co) a` U O 0 7 :2.` O O U d O O N E N co)c U o 'p O in o a) c `° a`) o f a) c o c 0 m U s V o c c U v '� m N N CO ' -p Z 30 c U N c 33 N U o • p m t0 a N '00 ) C L Q 0 U co-O c c E U ) 'P C) a CU r C N > o '7 E `— > N co ' CD O U L Z p _o O7 Q '0 cu O a V O J i C C -p 'C O '�O iai 0. O T T N .73 • N � O Co_ CO p �- O co L-.. N ' p U 0_ O v C) -0 x i p 0 m a) 2 is c m ns t M cc —i n c I p L-.. cc:c CO ca c U -a" rZ+ _ T O M U § CO i0 0C) a) re — -o C) Z. c _ T ca -O r O03 v 6 c .. co c cgs n I a OU N O. 0 N O CD N $ '— _a NU E s• ONOWQ ..lc .i O •= c/) 2 • 2 E O ~ -a a m X r Z l .0 . Q W ccZZCoct =aYaso Fri.� Q F- UO , ECO U Et N — o __.. 4 , 3NV Z Z —J - _ N 4= 7 a DzHZCt < af0 � vw z lk O Co ¢ u_ U E20 � � N -,.� , k MI=EMOi Eon _c 4) / m , CO c [0 0Q¢ LL O tom " •-• � y W X Z O. 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C u O 0 A r 4-1 O V = MS co 6 O T. - 7. 7, . 1 ^ fil2 A w L 0 CC) .5 / CI Z m - = ,O I. wyd w �j 1 m a' ti d ¢ pC Y N o limo;"' a a x f� J 4". ▪ 4• la 2 0 0 C N C O • W I r. W to Z ►n V) a) § a 0 r 0 -I .i ti a) E -I 0 2U) C 0 \ Ek \ is 0 q3 2 C.) k 0) >- >- CD / a) o § 0 E a � ƒ CD a) $ •0 1 - It Q CD � � �_ \ CD Z a . r 'p e2 as \ 0 � 1- � � 10CD1%- w ZCO a � 9999tC � - 7,.. ■ 00o0 a. � $ 9999fc � � kintok2x @ ■ C « = @ C . C CO \ m C 2 / r t § � � - mot # C as E k 2S CO.0 CD CO k c ■ - ■ IL" gm = 0022 e � 0 < Cu) & ƒ « J2 AGENDA ITEM -51 January 20, 2005 TO: The Honorable Mayor and Members of the City Council FROM: Special Tax Consultant and City Attorney SUBJECT: Proposed Resolution for approval of Engineer's Report and Setting Public Hearing for the Annexation of Property into Assessment District No. 2003- 01 (AD 2003-1) (Commonly known as YH Washington, LLC—Tract 31794) for Road, Street and Highway Maintenance(AD 2003-1,Annexation No. 11) RECOMMENDATION: By motion, approve and adopt Resolution No. _ / a resolution approving engineer's report and setting public hearing for the annexation of territory into Assessment District No. 2003-1. BACKGROUND: The City Council may initiate proceedings at this meeting to annex certain territory owned by YH Washington, LLC into Assessment District 2003-1 (the "District"). In order to expedite the annexation process, the City Council may also approve the engineer's report and set a time, date and place for the public hearing. Approval of the engineer's report and setting a time, date and place for the public hearing is required in order to proceed with the annexation process. The engineer's report sets forth the rate of the assessment in accordance with the benefit received by each parcel. JUSTIFICATION: The adoption of the resolution is required to continue the annexation process. Approval of the resolution at this meeting will expedite the annexation process. BUDGETARY IMPACT: The annexation of YH Washington, LLC into the District will have a beneficial impact to the City's budget in that, upon implementation of the proposed annexation to the District, it would assist in the funding of the maintenance of certain roads, streets, and highways that would otherwise come from the City's general fund ATTACHMENTS: Approv Resolution No. city Manager: Engineer's Report Finance Director: STATE OF CALIFORNIA ) RESOLUTION NO. COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING ASSESSMENT ENGINEER'S REPORT AND APPOINTING TIME AND PLACE FOR HEARING PROTEST TO THE PROPOSED ANNEXATION (COMMONLY KNOWN AS YH WASHINGTON, LLC — TRACT 31794) TO ASSESSMENT DISTRICT 2003-01 (AD 2003-1 ) PURSUANT TO THE BENEFIT ASSESSMENT ACT OF 1982 (AD 2003-1 , ANNEXATION NO. 11 ) WHEREAS, the City Council pursuant to Resolution No. 2485, dated November 6, 2003, formed Assessment District No. 2003-1 (the " District") pursuant to the Benefit Assessment District Act of 1982 (the "Act") for the purpose of annually levying assessments on all land within the District to pay the costs of street, road and highway maintenance within said district; and WHEREAS, the City Council has initiated proceedings for the annexation of certain property to the District, pursuant to Resolution No. _ approved on January 20, 2005 (the " Resolution of Initiation"); and WHEREAS, as ordered by the City Council, David Taussig and Associates has prepared and filed with the City Clerk a report regarding the assessments to be levied and collected from the owners of such annexed property to pay the costs of streets, roads and highway maintenance. WHEREAS, the City Council desires to pass upon such report and appoint a time and place for hearing protests to the proposed annexation and the levy of assessments therein. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto: Section 1 . Report., The report of David Taussig and Associates (the " Report") contains all matters required by the Act and is, therefore, in proper form and does not require modification. The Report is hereby adopted, passed upon and preliminarily approved. Section 2. Assessments. The assessments which are proposed to be levied on all parcels of assessable land within the territory to be annexed to the District are based on special benefits conferred upon each such parcel from the payment of the cost of the maintenance of streets, roads and highways. Page 1 of 3 Section 3. Proportionate Benefit. The proportionate special benefit derived by each such parcel has been determined in relationship to the entirety of the capital cost of such the maintenance of streets, roads and highways. The amount of the assessment shall not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Section 4. Hearing. The public hearing for protest to the annexation of certain property described in the Resolution of Initiation and the levy of assessments therein in accordance with and for the purposes set forth in the Report is hereby set for 7:00 pm on February 3, 2005 at San Jacinto Unified School District Board Room, located at 2045 South San Jacinto Avenue, San Jacinto, California. Section 5. Notice. The City Clerk is hereby directed to mail notice of the proposed annexation, filing of the Report, and the time and place of the public hearing, as specified in Section 4, to all persons owning real property proposed to be annexed whose names appear on the last equalized assessment roll for taxes of the County of Riverside, or who are known to the City Clerk. The form of such notice shall conform in all respects with the requirements of the Act and shall include an assessment ballot whereon the property owner may indicate his or her support or opposition to the proposed assessment. Upon the completion of the mailing of said notices, the City Clerk shall file with the City Council a declaration setting forth the time and manner of the compliance with the requirements of this resolution for mailing notices. APPROVED, PASSED and ADOPTED, this 20th day of January, 2005, by the following vote: Ayes: Nays: Abstain: Absent: City of San Jacinto By Chris Carlson-Buydos, Mayor Page 2 of 3 ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM : City Attorney, City of San Jacinto Best, Best & Krieger Page 3 of 3 ENGINEER' S REPORT ANNEXATION NO. 11 TO ASSESSMENT DISTRICT No. 2003-1 OF THE CITY OF SAN JACINTO January 10, 2005 ENGINEER'S REPORT ANNEXATION NO. 11 TO ASSESSMENT DISTRICT NO. 2003-1 CITY OF SAN JACINTO Prepared for Prepared by CITY OF SAN JACINTO DAVID TAUSSIG & ASSOCIATES, INC. 201 East Main Street 1301 Dove Street, Suite 600 San Jacinto, CA 92583 Newport Beach, CA 92660 (951) 654-7337 (949) 955-1500 TABLE OF CONTENTS Part Page Introduction 1 Part I: Description of the Services to be Financed 2 Part II: Description of Assessment District 3 Part III: Amount of the Prepared Assessment and Assessment Roll 4 Part IV: Basis and Schedule of Assessment 6 Exhibits A-1 : Assessment Diagram A-2: Tract Map for Zone 18 B: Assessment Roll C: Detailed Cost Estimate: Zone 18 D: Cost of Services Summary E: Cash Flow Model: Zone 18 Page i In conclusion, it is my opinion that the assessments for the above-referenced Assessment District have been spread in direct accordance with the benefits that each parcel receives from the street maintenance services. �0F t.Swdi Dated: January 10, 2005. Q ;- t:y 74C) Q<(\t N Al. 6,0 c2, David Taussig and Associates, Inc. LLI No. C23473 l[Li I cc K__________ `1, ENG �C,� � / Assessment onsultant �� City of San Jacinto f Qf. CAI j' County of Riverside State of California I, Dorothy L. Chouinard, City Clerk of the City of San Jacinto, California do hereby certify that the foregoing assessment, together with the Diagram attached thereto, was filed in my office on the 11th day of January 2005 . mVVthA141 Dorothy L. Chouinard City Clerk of the City of San Jacinto County of Riverside State of California K:1Clients2\San lacintolroadmaintMAnnex No. I Rengrpt_annexl l_final_2.doc Engineer's Report Page 8 City of San Jacinto Annexation No. 11 to Assessment District No. 2003-1 January 10, 2005 Allocation of Cost Zone 18 is expected to be developed with single-family residential lots, park property, flood control property, and public streets. Only the single-family residential lots receive benefit from the maintenance of interior street facilities within such zone. Therefore, the cost of services for such Zone is allocated equally to each single-family residential lot within the Zone, while the flood control property, park, and public streets are exempted. Annual Assessment In order to determine the annual assessment for each Zone, a 36-year cash flow was prepared for Zone 18 (see Exhibit E). The cash flow sets forth the expected annual assessment revenue along with the projected annual cost for each type of service based on the costs identified in Part IV above and the service intervals described in Part I, assuming that the revenues and costs escalate by an average rate of 3. 1 % per year. As not all services are provided each year, the amount of funds required from a particular Zone will vary from year to year. The fiscal year 2005-06 annual assessment was calculated such that the annual assessment revenues in any year plus the expected fund balance remaining from previous annual assessments will provide sufficient revenue to fund the services required in any given year, assuming that revenues and costs escalate by an average rate of 3. 1% per year. The following table sets forth the total fiscal year 2005-06 assessment for the annexed Zone as well as the fiscal year 2005-06 maximum assessment per residential lot. Schedule of Assessments FY 2005-06 Total No. of FY 2005-06 R Zone Annual Assessment [1] esidential Assessment per Lots [2] Residential Lot [1, 2] 18 $13,909 62 $224.34 [1] Annual Assessments are subject to annual escalations between 0% and 6% per year. [2] If total number of lots within a Zone changes based on recordation of final maps, the total annual cost will be reallocated to the actual number of residential lots within such Zone. Engineer's Report Page 7 City of San Jacinto Annexation Na I1 to Assessment District No. 2003-1 January 10, 2005 PART IV. BASIS AND SCHEDULE OF ASSESSMENT Assessments levied pursuant to the Benefit Assessment Act of 1982 must be based on the benefit to the parcel, which will be derived from the provision of the services. The services to be financed by the assessments levied within each Zone are the maintenance of interior streets within such Zone. Therefore, the services financed by a given Zone provide direct and special benefit to property within such Zone. Typically, identification of the benefits associated with maintenance services is the first step in developing the assessment spread methodology. The Assessment District will provide short term and long term maintenance of the streets within each Zone. The resulting benefits to the residential lots within each Zone consist of, but are not limited to: 1 . Safe vehicular and pedestrian access; and 2. Clean and presentable streets and gutters. In order to allocate the assessments in proportion to the direct benefits that each parcel will receive from the services, an in-depth analysis was performed for each Zone since each Zone has its own interior street facilities. The analysis entailed three component tasks: (1) identification of service costs, (2) allocation of costs, and (3) calculation of assessments, as described below. Costs of Services Maintenance costs for each type of service were calculated for each Zone based on the paving area, length of curb, and area of sidewalk within such Zone as determined from available maps and improvement plans, and unit prices as discussed below. The unit price per curb-mile per year was calculated using the City's current annual budget for street sweeping divided by the monthly service (in curb-miles). This unit price is applied to the total curb- miles for the annexed Zone. Weighted average unit prices were applied to construction items such as slurry seal, asphalt paving, concrete curb, and concrete sidewalk based on data from recent projects of similar size within the same geographic area. Other items such as traffic control, striping, and mobilization were added as lump sum items to more closely approximate total bid prices. A summary of the cost estimates for the annexed Zone is provided in Exhibit C. Ten percent was added to the estimated maintenance costs for construction administration. An additional $21 .65 per single-family residential lot was added for annual administration of Annexation No. 11 to the Assessment District. The cost of services is summarized in Exhibit D. Engineer's Report Page 6 City of San Jacinto Annexation No. 11 to Assessment District No. 2003-1 January 10, 2005 4. By virtue of the authority contained in said Benefit Assessment Act of 1982 and by further direction and order of the legislative body, the following assessment is hereby made to cover the costs and expenses of the street maintenance for Annexation No. 11 to the Assessment District based on the costs and expenses, as set forth in Part IV: FY 2005-06 Total No. of FY 2005-06 Zone Annual Assessment Residential Assessment per Lots [11 Residential Lot [1] 18 $13,909 62 $224.34 [1] If total number of lots within a Zone changes based on recordation of final maps, the total annual cost will be reallocated to the actual number of residential lots within such Zone. The maximum amount of such annual assessment for the Assessment District shall increase annually beginning July 1, 2006, by an amount equal to the percentage change in the Engineering News-Record Construction Cost Index for Los Angeles, measured as of the month of December in the calendar year which ends in the previous fiscal year, with a maximum annual increase of six percent (6.00%) and a minimum annual increase of zero percent (0.00%) of the amount in effect in the previous fiscal year. Engineer's Report Page 5 City of San Jacinto Annexation Na 11 to Assessment District No. 2003-1 January 10, 2005 PART III. AMOUNT OF THE PREPARED ASSESSMENT AND ASSESSMENT ROLL WHEREAS, the City Council pursuant to Resolution No. 2485, dated November 6, 2003, formed AD No. 2003-1 pursuant to the Benefit Assessment District Act of 1982 (the "Act") for the purpose of annually levying assessments on all land within the Assessment District to pay the costs of street, road and highway maintenance within said district; and WHEREAS, the City Council has now determined that certain property that will receive the benefit of such maintenance should be annexed to the Assessment District; and WHEREAS, previously the City Council of the City of San Jacinto, California, did, pursuant to the provisions of the Benefit Assessment Act of 1982, adopt its Resolution of Initiation, for the purpose of annually levying assessments for the maintenance of streets, roads and highways within Annexation No. 11 , and, WHEREAS, said Resolution of Initiation, as required by law, did direct the City Engineer to prepare or cause to be prepared and file a Report, regarding the proposed Annexation No. 11 to AD No. 2003-1 and the assessments to be levied on the land therein to pay the estimated annual costs of the street, road and highway maintenance. For particulars, reference is made to the resolution forming AD No. 2003-1 and the Resolution of Initiation as previously adopted, and NOW, THEREFORE, David Taussig and Associates, Inc., at the direction of the City Engineer, pursuant to the Benefit Assessment Act of 1982, does hereby submit the following: 1 . Pursuant to the provisions of law and the Resolution of Initiation, the costs and expenses of the street maintenance to be performed in Annexation No. 11 to the Assessment District have been assessed upon the parcels of land in Annexation No. 11 to the Assessment District benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. 2. A diagram is attached in Exhibit A-1, showing Annexation No. 11 to the Assessment District, as well as the boundaries of the respective parcels and subdivisions of land within said Annexation No. 11 to the Assessment District as the same existed at the time of the passage of said Resolution of Initiation, each of which subdivisions of land or parcels or lots respectively have been identified by Assessor Parcel Number upon said Diagram and in said Assessment Roll. 3. An Assessment Roll is attached in Exhibit B, containing the maximum assessment per lot for fiscal year 2005-2006. Notwithstanding the above, the City will not levy an assessment for services related to road facilities that have not been accepted for maintenance by the City. Engineer's Report Page 4 City of San Jacinto Annexation No. 11 to Assessment District No. 2003-1 January 10, 2005 PART H. DESCRIPTION OF ASSESSMENT DISTRICT For purposes of determining the benefits associated with the costs of services provided by the Assessment District, Annexation No. 11 has been divided into one zone of benefit ("Zone") based on location as described below and shown on the assessment diagram located in Exhibit A-1 . Zone 18 Zone 18 consists solely of Assessor Parcel Numbers ("APN") 551-020-024, 551-020-025, 551-020- 026, and 551-030-017, and encompasses Tract No. 31794. Zone 18 is approximately 22.31 acres. There are 62 residential lots located in Tract No. 31794 as well as a park. In addition, located within the Assessor Parcel boundaries, but outside of Tract No. 31794 are flood control property and public streets. A map of Tract No. 31794 is provided in Exhibit A-2. Engineer's Report Page 3 City of San Jacinto Annexation No. 11 to Assessment District No. 2003-1 January 10, 2005 PART I. DESCRIPTION OF THE SERVICES TO BE FINANCED The Assessment District is intended to finance the costs associated with the maintenance of interior streets within the boundaries of Annexation No. 11 , including street sweeping, slurry seal, grind and overlay of existing pavement, and replacement of damaged curb, sidewalk, and pavement. Each type of service is described below. Street Sweeping This service shall consist of cleaning the streets within Annexation No. 11 by City of San Jacinto ("City") forces or by contract with outside forces. The streets will be cleaned on a monthly basis, consistent with the current level of service for existing streets within the City limits. Slurry Seal This service shall consist of providing a slurry seal, or asphaltic coating over pavement areas within Annexation No. 11 on an average interval of four years. The service shall be performed by City forces or by public works contract, and shall include all required striping and traffic control associated with the work. Slurry seal operations will not occur in interval years where grind and overlay or replacement activities, as described below, are scheduled. Grind and Overlay This service shall consist of grinding out the upper 2 inches (approximately) of asphalt paving and replacing with a new layer of asphalt, on an average interval of twelve years. The service shall be performed by City forces or by public works contract, and shall include all required striping and traffic control associated with the work. Grinding and overlay operations shall not occur within interval years where Remove and Reconstruct operations, as described below, are scheduled. Remove and Reconstruct It is estimated that approximately every 36 years the asphaltic layer of the pavement structural section will need to be removed and replaced. In addition it is assumed that 10% of curb and sidewalk improvements will need to be repaired or replaced, due to normal damage and deterioration. This service shall consist of such removals and replacements and shall be performed by City forces or by public works contact, and shall include all required striping and traffic control associated with the work. Engineer's Report Page 2 City of San Jacinto Annexation No. 11 to Assessment District No. 2003-1 January 10, 2005 INTRODUCTION In accordance with the Resolution of the City Council of the City of San Jacinto, California, initiating the annexation of certain real property to Assessment District No. 2003-01 (hereinafter referred to as the "Assessment District or AD No. 2003-1"), pursuant to the Benefit Assessment Act of 1982 (hereinafter referred to as the "Resolution of Initiation"), adopted by the City Council of the City of San Jacinto (hereinafter referred to as the "Council"), in connection with the proceedings for Annexation No. 11 to Assessment No. 2003-1, David Taussig & Associates, Inc. herewith submits the Engineer's Report for Annexation No. 11 to AD No. 2003-1 (the "Report"), consisting of four (4) parts as follows: PART I - DESCRIPTION OF THE SERVICES TO BE FINANCED A description of the street maintenance services to be provided by the Assessment District for Annexation No. 11 is discussed in this part. PART II - DESCRIPTION OF ASSESSMENT DISTRICT A description of the property within each zone of benefit within Annexation No. 11 is contained in this part of the Report. PART III - AMOUNT OF THE PROPOSED ASSESSMENT AND ASSESSMENT ROLL This part includes the amount of the proposed assessment. PART IV - BASIS AND SCHEDULE OF ASSESSMENT This part discusses the methodology used to allocate the assessment based on the benefit received by property within Annexation No. 11. Engineer's Report Page 1 City of San Jacinto Annexation No. II to Assessment District No. 2003-1 January 10, 2005 EXHIBIT A-1 ENGINEER'S REPORT ASSESSMENT DIAGRAM 5 E. s a; m L ,,_ a)as 8 o o coas CO �� wsoE o = o' Y O a) a a) N p L L--a . 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ID re o " J 4 i it E. o p 0 -C > _�r_ ry y W I< aC aD U V 4 % co / O LLWSH 4 p O l 2 cc r 1 I vats Fa 0 ns I • inn auwovrMis •c c o c Ea a 1S 34 v1Nv8 Cu Si N (NI R Im m . , _o L C▪ oi 2 U N $ OWOC) o _ a CD I 0 ON (1 ?: 1 1S 31Y18 ,y 4. ou ai- a3 itorte 1 i , a N �E M o E �-E, o 3A v W7Vd i m 0 c m W �a ai onL V. _a CDO c aLila >44 .-� U• 0 au Z T �" 3Av NOA7 12 pp ib leQ 1 EC W wytcjc c A H 5 '� W CC CI o w lS ABM = 0 a g g C C / / 0 3 ri O .Q O o CO r 0 8 i S OO ` in :LS d8OwOS w r d� Q w 1 rah, co NN Q mo "'• ouJ h�~� 0 2 � TZUro 0 %\\) 1 (.5 t- zF- zitQin y 2 °-FowoIL 3 CoXZoFW Cozw } AG ~ t CoCO Z 2UOc�n N aaTr w Q C O 0) N Q O tO .a°+ c c w Inv o yG o 0 ' ow° u Et v= al a ' " °a • o 1S 13WHH Ewow al aYi . <ou c 0. i. a coi" C ..; f / 'V Oytio u ayyz C p � � laC • G V y 6 C W N N —Th po a m H W Z mt C 9 6 11) y 7 a N C0 ai 0 r' 1 G IX ix 2 ix O N Io Z W W Lf) x in t EXIIIBIT A-2 ENGINEER'S REPORT TRACT MAP FOR ZONE 18 hi W W $N w XS� - 9 iSl 9 6 ! K 3 a 15 Y ee gr gy��d 7 EiWt 4 ' " S L, QQ 16! 1 5 s G Y 9 § d S@y@f j : ri i: E3fE 9 4 11 eII11 Inc a P. 441 �� g i9 S a ; EC y'�a .� 98 5 �� E t P _ 1ji vy l 4 flit f l as erg €h Ells §14 $ - abc 8 , i z $ Avg 0,z; i§ fix q E€' u s 2yC s di gg gg - a = B @ Rik 2 @ 9ydoa d d 2 dad p§E Y Y. & � q$ E 3 3 39 .: 6'�0 l '° It i5 hit t 4 9 S !11 i \ 4 , a, 1 11 ► 1 - rtri Nr) il i ,e" * ,,,ebetAri. Alt iii - — —- - — - — - — zoo z � 43 $ 7 SW . Rk-- � `/ © 4 a v o �� ��; ill 4 i O 4 p If 0 ti � i 1, A t� I : O\ft.: 71- '� 1e / A g.q • nil La 4; `tt, 41 /' `-y `` - P /I st,q■ s91S --_-`. .� P1�5 M / di EXHIBIT B ENGINEER'S REPORT ASSESSMENT ROLL David Taussig & Associates, Inc. City of San Jacinto Annexation No. 11 to Assesssment District No. 2003-1 FY 2005-06 Assessment Roll a FY 2005-06 APN Tract Lot Assessment Zone 18 551 -020-024 31794 31 $224.34 551-020-024 31794 32 $224.34 551-020-024 31794 33 $224.34 551-020-024 31794 34 $224.34 551-020-024 31794 35 $224.34 551-020-024 31794 36 $224.34 551-020-024 31794 37 $224.34 551-020-024 31794 38 $224.34 551-020-024 31794 39 $224.34 551-020-024 31794 40 $224.34 551-020-024 31794 41 $224.34 551-020-024 31794 59 $224.34 551-020-024 31794 61 $224.34 551-020-024 31794 62 $224.34 Subtotal: $3,140.76 551-020-025 31794 1 $224.34 551-020-025 31794 2 $224.34 551-020-025 31794 3 $224.34 551 -020-025 31794 4 $224.34 551-020-025 31794 5 $224.34 551-020-025 31794 15 $224.34 551-020-025 31794 16 $224.34 551-020-025 31794 22 $224.34 551-020-025 31794 23 $224.34 551-020-025 31794 24 $224.34 551-020-025 31794 25 $224.34 551-020-025 31794 26 $224.34 551-020-025 31794 27 $224.34 551 -020-025 31794 28 $224.34 551-020-025 31794 29 $224.34 551 -020-025 31794 30 $224.34 551-020-025 31794 42 $224.34 551-020-025 31794 43 $224.34 551-020-025 31794 44 $224.34 551-020-025 31794 45 $224.34 551-020-025 31794 46 $224.34 551-020-025 31794 47 $224.34 551-020-025 31794 48 $224.34 551-020-025 31794 49 $224.34 551-020-025 31794 50 $224.34 551-020-025 31794 51 $224.34 551-020-025 31794 52 $224.34 551 -020-025 31794 53 $224.34 551-020-025 31794 54 $224.34 551-020-025 31794 55 $224.34 551-020-025 31794 56 $224.34 551-020-025 31794 57 $224.34 551-020-025 31794 58 $224.34 551 -020-025 31794 60 $224.34 Subtotal: $7,627.56 551-020-026 31794 6 $224.34 551-020-026 31794 7 $224.34 551-020-026 31794 8 $224.34 551-020-026 31794 9 $224.34 Page 1 of 2 EXHIBIT C ENGINEER'S REPORT DETAILED COST ESTIMATE : ZONE 18 David Taussig Associates, Inc. City of San Jacinto Detailed Cost Estimate AD No. 2003-1 , Annexation No. 11 Zone 18 Tract No. 3194 Curb Curb- Cost Per Length Miles Curb-Mile Annual Cost Street Sweeping 5,690 1 .0E52 185.58 $199.99 Cantity bits bt Price Cost Slurry Seal: Mobiliation 1 I.s. $2,5F0 42,58 Place slurry seal 112,455 s.f. $0. 10 $11 ,594 CraclSeal (i )% of slurry seal cost - I.s. - D2,319 Striping 1 I.s. $2,530 $2,58 Traffic Control 1 I.s. $2,530 $2,58 Total $21 ,645 Ci>3ntity bits lit Price Cost Grind and Overlay Mobiliation 1 I.s. $4,124.00 $4, 124 Grind 112,455 s.f. $0.03 $3,48 0. 15'asphaltic concrete paving overlay 1 , 181 tons $36.09 $42,608 Striping 1 I.s. $2,580 $2,58 Traffic Control 1 I.s. $2,530 $2,58 Total $55,366 Gantity bits tit Price Cost Remove and Reconstruct Mobiliation 1 I.s. $10,310.00 $10,310 Remove concrete curb ©3% of total qantity 569 I.f. $1 .03 $587 Remove sidewalI@3% of total qantity 3, • 29.50 s.f. S0.15 1484 Grind 0.33'AC paving 112,455 s.f. $0.07 W8 construct 6"curb @% of total qantity 569 l.f. 6B4 $4 458 construct 6'wide sidewall( 0% of total qantity 3, 129.50 s.f. ff 1 .80 $E1646 construct 0.25'AC paving 1 ,9696 tons $36.09 $7,014 Striping 1 I.s. $2,530 $2,58 Traffic control 1 Ls. $2,530 $2,58 Total $105,422 K\Clients2\San Jacintolroadmaint\Annex No. 114Exhibit C.xls]Sheetl EXHIBIT D ENGINEER'S REPORT COST OF SERVICES SUMMARY k - � % § k - k 87 — >- E c -- § - 2 < Th i 2 \ . - \ 2 07 k o> 0 \ - } a)o al C — J < & 0 Oc k \ Q 5 0 fk / « kD k io ® k I. w \ \ LO CU El 0 co \ � e / wLLe k k / / \ E / § w E $ 8 m k ) e k 0 Cu kk co = � a2 $ k2 C / ° 2 ƒ 0 • co as c cn = a { 0 $ 2 CO CO - '- � 2a 6 0 2 k \ k $ § § � CV # { % G - - \ k wo \ J tt - e # a ) ( Co 2 ' Jk - 2 3E EXHIBIT E ENGINEER'S REPORT CASH FLOW MODEL : ZONE 18 David Taussig Associates, Inc. City of San Jacinto Street Maintenance Allocation [1] AD No. 2003-1, Annexation No. 11 Zone 18 Tract No. 31794 Projected Fund FY Annual Balance Year Begin- Assessment Street Grind and Remove & Construction District Total Annual (Revenue ning Revenue Sweeping Slurry Seal Overlay Reconstruct Administration Admin Expenditure Minus Cost) 1 2005 $13,909 $200 $20 $1 ,342 $1,562 $12,347 2 2006 $14,340 $206 $21 $1 ,384 $1,611 $25,076 3 2007 $14,785 $213 $21 $1,427 $1 ,661 $38,200 4 2008 $15,243 $219 $23,721 $2,394 $1 ,471 $27,805 $25,638 5 2009 $15,716 $226 $23 $1 ,517 $1 ,765 $39,588 6 2010 $16,203 $233 $23 $1,564 $1 ,820 $53,971 7 2011 $16,705 $240 $24 $1 ,612 $1 ,876 $68,800 8 2012 $17,223 $248 $26,802 $2,705 $1 ,662 $31 ,417 $54,606 9 2013 $17,757 $255 $26 $1 ,714 $1 ,994 $70,368 10 2014 $18,307 $263 $26 $1 ,767 $2,056 $86,619 11 2015 $18,875 $271 $27 $1 ,822 $2,120 $103,374 12 2016 $19,460 $280 $77,462 $7,774 $1 ,878 $87,394 $35,440 13 2017 $20,063 $288 $29 $1,936 $2,254 $53,250 14 2018 $20,685 $297 $30 $1,996 $2,323 $71,612 15 2019 $21 ,326 $307 $31 $2,058 $2,395 $90,542 16 2020 $21 ,988 $316 $34,217 $3,453 $2,122 $40,108 $72,422 17 2021 $22,669 $326 $33 $2,188 $2,546 $92,545 18 2022 $23,372 $336 $34 $2,256 $2,625 $113,292 19 2023 $24,096 $346 $35 $2,325 $2,707 $134,681 20 2024 $24,843 $357 $38,661 $3,902 $2,398 $45,317 $114,207 21 2025 $25,614 $368 $37 $2,472 $2,877 $136,944 22 2026 $26,408 $380 $38 $2,548 $2,966 $160,385 23 2027 $27,226 $391 $39 $2,627 $3,058 $184,553 24 2028 $28,070 $404 $111,736 $11,214 $2,709 $126,062 $86,561 25 2029 $28,940 $416 $42 $2,793 $3,251 $112,251 26 2030 $29,838 $429 $43 $2,879 $3,351 $138,737 27 2031 $30,762 $442 $44 $2,969 $3,455 $166,044 28 2032 $31,716 $456 $49,356 $4,981 $3,061 $57,854 $139,906 29 2033 $32,699 $470 $47 $3,156 $3,673 $168,932 30 2034 $33,713 $485 $48 $3,254 $3,787 $198,859 31 2035 $34,758 $500 $50 $3,354 $3,904 $229,713 32 2036 $35,836 $515 $55,767 $5,628 $3,458 $65,369 $200,180 33 2037 $36,946 $531 $53 $3,566 $4,150 $232,976 34 2038 $38,092 $548 $55 $3,676 $4,279 $266,789 35 2039 $39,273 $565 $56 $3,790 $4,411 $301 ,651 36 2040 $40,490 $582 $306,891 $30,747 $3,908 $342,128 $13 Totals $897,946 $12,911 $228,524 $189,198 $306,891 $73,752 $86,657 $897,933 Number of Single Family Residential Lots 62 Year 1 Cost per Residential Lot $224.34 11J Assumes costs and annual assessment revenue escalate at an average rate of 3.10%. KxCienta &n JatlntoVoaSnaNlWne:No.61(Exhbll Eslat5hedt 1 AGENDA ITEM 5, 8 January 20, 2005 TO: The Honora le Mayor and Members of the City Council FROM: Bernie Simon, Finance Director SUBJECT: Proposed Resolution Initiating Proceedings for the Levy and Collection for Lighting, Landscaping, Park District No.1 (LLPD No. 1) Annual Assessments for FY 2005-06 RECOMMENDATION: By motion, approve and adopt Resolution of Initiation ordering District Engineer to prepare and to file a report related to maintenance of public improvements in the City of San Jacinto for Lighting, Landscaping Park District No. 1 (LLPD No. 1) for the FY 2005-2006 Property Tax Roll. BACKGROUND: For this purpose, District Engineer refers to the Consulting Civil Engineering firm of GFB-Friedrich, Inc., who will be the assessment engineer. The Assessment District is divided among five zones with assessments involving over 9,000 individual parcels. Resolution of Initiation starts the assessment procedure in action for the FY 2005-2006 tax roll that would be adopted on or about July 2005. No new parcels are being annexed into LLPD No. 1, with the exception of those tracts or APNs already conditioned to join LLPD No. 1 or infill projects in the older areas. Staff will present the Engineer's Report for approval and set a public hearing date for any public protest or input when such report is available. Should there be no majority protest, City Council may then adopt a resolution confirming a diagram and authorizing the levy of assessments in LLPD No. 1 at the following meeting. LLPD No. 1 is a pre-proposition 218 district that has no cost escalation clause The maximum assessment cannot be increased without a vote of landowners. App vacs City Manager: Finance Director. JUSTIFICATION: Starts annual work on annual assessment district levy required by California Streets and Highways Code section 22622. BUDGETARY IMPACT: No cost is attributed by this action. ATTACHMENTS: Resolution of Initiation — LLPD No. 1 Resolution No. Page 2 of 2 STATE OF CALIFORNIA ) RESOLUTION NO: COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF INITIATION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 1 , AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2005-06 (LLPD NO. 1 FY 05-06 LEVY) WHEREAS, heretofore the City of San Jacinto Landscaping, Lighting and Park District No. 1 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code ( §22500, et. seq. ); and WHEREAS, California Streets and Highways Code §22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the City Engineer to prepare and file a report related to annual maintenance and assessment in such a district; and WHEREAS, no new improvements or substantial changes in existing improvements are proposed for said Landscaping, Lighting and Park District No. 1 ; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto, as follows: Section 1 : The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. Section 2: The City Engineer, or designated District Engineer, hereby is ordered and directed to prepare an annual report as specified in California Streets and Highways Code §§22565, et. seq. , with respect to City of San Jacinto Landscaping, Lighting and Park District No. 1 for Fiscal Year 2005-06 Page 1 of 2 Section 3: The City Clerk shall certify to the adoption of this Resolution. APPROVED, SIGNED and ADOPTED this 20th day of January, 2005: City of San Jacinto By: Chris Carlson-Buydos, Mayor ATTEST: Dorothy L. Chouinard, City Clerk City of San Jacinto APPROVED AS TO FORM: City Attorney, City of San Jacinto Best, Best & Krieger, LLP. CERTIFICATE I , Dorothy L. Chouinard, City Clerk of the City of San Jacinto, do certify that the foregoing Resolution No. was passed, adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 20th day of January, 2005, by the following vote: Ayes: Nays: Absent: Abstained: WITNESS MY HAND AND OFFICIAL SEAL this 20th day of January, 2005. Dorothy L. Chouinard, City Clerk City of San Jacinto Page 2 of 2 AGENDA ITEM 5'9 January 20, 2005 TO: The Honorable e Mayor and Members of the City Council FROM: Bernie Simon.. Finance Director SUBJECT: Proposed Resolution Initiating Proceedings for the Levy and Collection for Lighting, Landscaping, Park District No.2 (LLPD No. 2) Annual Assessments for FY 2005-06 RECOMMENDATION: By motion, approve and adopt Resolution Initiating Proceedings for the Levy and Collection for Lighting, Landscaping, Park District No.2 (LLPD No. 2) Annual Assessments for FY 2005-06 and ordering District Engineer to prepare and to file a report related to maintenance of public improvements in City of San Jacinto Lighting, Landscaping Park District No. 2 (LLPD No. 2) for the FY 2005-2006 Property Tax Roll BACKGROUND: For this purpose, District Engineer refers to the Consulting Civil Engineering firm of GFB-Friedrich, Inc. The Assessment District is divided among the original area and twenty-eight annexation areas called zones with assessments involving over 2,800 individual parcels. There are currently another six zones in progress to be annexed with approximately another 800 parcels. The Resolution of Initiation starts the legal procedure so that the City may eventually place LLPD No. 2 assessments on the FY 2005-2006 tax roll. Staff will present the Engineer's Report for approval and set a public hearing date for any public protest or input when such report is available. Should there be no majority protest, City Council may then adopt a resolution confirming a diagram and authorizing the levy of assessments in LLPD No. 2 at the following meeting. LLPD No. 2 is a post proposition 218 district. In future years, assessments could be increased by the CPI, not to exceed 7.5%, but never above the actual costs incurred to maintain the facilities of the district. Approvals City Manager: Finance Director. JUSTIFICATION: Starts annual work on Assessment District required by California Streets and Highways Code section 22622. BUDGETARY IMPACT: No cost is attributed by this action. ATTACHMENTS: Resolution of lnitiation-LLPD No. 2 Resolution No. STATE OF CALIFORNIA ) RESOLUTION NO: COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, INITIATING PROCEEDINGS PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 FOR THE LEVY AND COLLECTION OF THE ANNUAL ASSESSMENTS AND ORDERING THE DISTRICT'S ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2, AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2005-06 (LLPD NO. 2, FY 05-06 LEVY) WHEREAS, heretofore the City of San Jacinto Landscaping, Lighting and Park District No.2 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code ( §22500, et. seq. ); and WHEREAS, California Streets and Highways Code §22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the District's Engineer to prepare and file a report related to annual maintenance and assessment in such a district; and WHEREAS, no new improvements or substantial changes in existing improvements are proposed for said Landscaping, Lighting and Park District No. 2 (LLPD No. 2); and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto, as follows: Section 1 : The Recitals, as set forth in this Resolution, are in all respects true and correct. Section 2: The District's Engineer hereby is ordered and directed to prepare an annual report as specified in California Streets and Highways Code §§22565, et. seq. , with respect to City of San Jacinto Landscaping, Lighting and Park District No.2 for Fiscal Year 2005- 06. Section 3: The City Clerk shall certify to the adoption of this Resolution. Page 1 of 2 Passed, Adopted and Approved this 20th day of January, 2005. City of San Jacinto By: Chris Carlson-Buydos, Mayor ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: Best, Best & Krieger City Attorney, City of San Jacinto CERTIFICATE I , Dorothy L. Chouinard, City Clerk of the City of San Jacinto, do certify that the foregoing Resolution No. was passed, adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 20th day of January 2005, by the following vote: AYES: NAYS: ABSENT: ABSTAINED: WITNESS MY HAND AND OFFICIAL SEAL this 20th day of January, 2005. Dorothy L. Chouinard, City Clerk City of San Jacinto State of California Page 2of2 AGENDA ITEM i 0 January 20, 2005 TO: The Honorable Mayor and Members of the City Council FROM: Ed Starner, Interim Public Works Superintendent SUBJECT: Rancho San Jacinto Basins and Channels Rancho San Jacinto Enhancements — Phase I (Part 2) RECOMMENDATION: By motion, adopt the plans and specifications for Rancho San Jacinto Basins and Channels; and authorize the City Clerk to proceed with bid advertisement. BACKGROUND: The City Council at its meeting of January 22, 2004 approved the appropriation of $805,000 from Community Facilities District No. 2 (CFD No. 2) bond proceeds for landscape improvements, and directed staff to work with the Council's Lighting Landscape Park Sub-Committee to come up with a list of proposed improvements for Rancho San Jacinto area, utilizing CFD No. 2 funds. Staff and Council Sub-Committee met to discuss the proposed improvements. Staff also conducted field inspections to assess the condition of existing infrastructure and needs for upgrades. Subsequently on October 21, 2004, Council awarded a public works contract for Rancho San Jacinto Play Areas Improvements, which was Part 1 of the proposed improvements. Part 2, which is presented for plan adoption and bid advertisement encompasses improvements to basins and channels. This work was purposely held back due to weather time-frame. The following is the proposed timeline for the construction of this project: Bid Opening March 1 , 2005 Bid Award March 17, 2005 Start Construction April 4, 2005 Project Complete July 2, 2005 Plans and specifications are available in the City Clerk's Office for City Council review. Approvals City Manager: Finance Director: Page 1 of 2 JUSTIFICATION: Implementation of Community Facilities District No. 2 improvements, carrying out the bond holders wishes for landscape improvements in Rancho San Jacinto. BUDGETARY IMPACT: The park playground improvements already obligated for Phase 1 Part 1 is $274,790. Phase 1 Part 2 is estimated at $972,306. The complete total projected cost is $1 ,247,096. Council has appropriated $805,000 for these two projects. Staff will come back to Council with an additional appropriation of $442,096 from one or more of the following sources: General Fund Reserve. Park Development Impact Fees, or Development Agreement Funds. ATTACHMENTS: • List of Improvements Page 2 of 2 aa N N a fl m « IL C 1 E � a a $ o $ eel a r1rrrN ;- r m N t9 '00 1 v 3 4 y " , a I Y' k 0 n I i IA eu N 0 • O a so r 0 en O and 01 aO es! co to in CI. N c7 r 0 In r OD C� ea NNO) a tp id MOO N conig a «3 r rn y L O n u_ cD V' (D OD 'Q N "It r... Z r a O r chh r CO 0 N . 1 O) = Z N ye r co CD CD i0 T J el I 69 06 I Ol 0 +3 00 I: O) co co in co N (O O I. 0 0 ' O to O N OV O00 Q r d V - aOr O � Oc: � (6O Co m y r r O N N r I- Lo q = 69 aa Co IY W ' V) . M. 0 I- OI P) E Ili ma' 2 O) IL CO 0 ` C LL O n R Cr) N Ol cco CO r a W Q c0 O Ni 1ci 1-- r O h T co a N a N r r N r r CO a r N 00 z cA co z , 1- In en tit 0 -1 p o �D f V m ILa Lp 8 gci OOOM en N CJ OD O O - z m a � • V)ED a ra in � 69 � a. fil Co N J r a w a IF/) z i a C.) V z lc( N I- a En re re ° w o 20 O -1` ' wwwwwwv I up , in F E E � _ id I- zz zzzz J O acts _1:I a Ill ? zz ? zzzz Q1_ I- I- = G a W O U i- waC0aaaa I- gD mtZ i- aJ0 mUUmUC I- = JOa 0 .) 00 0 u) CI- C I- AGENDA ITEM 5• I January 20, 2005 TO: The Honorable Mayor and Members of the City Council FROM: Ed Starner, Interim Public Works Superintendent SUBJECT: Council Appropriation of General Funds RECOMMENDATION: By motion, Council appropriation of unreserved General Funds in the amount of $6400.00 for replacement and installation of one (1) decorative streetlight on Main Street @ Jordan Avenue in the City of San Jacinto. BACKGROUND: The existing streetlight was damaged in a hit and run accident. The Public Works Streets Division has contacted Pacific Utility Installation, Inc. for a proposal to remove, replace and install a new decorative streetlight. JUSTIFICATION: The existing streetlight was damaged beyond repair in a hit and run accident. This fixture needs to be removed, replaced and installed. BUDGETARY IMPACT: Allocation of unreserved General Funds in the amount of $6400 to Account # 010.4150.410.3330. ATTACHMENTS: 1 . Proposal from Pacific Utility Installation, Inc. Appro t s City Manager: Finance Director: Page 1 of 1 12/ 01 / 2004 17: 39 7149706915 PAGE 01 a Pacific INSTALLATION , INC . 4542 E. Eisenhower Circle 714 , 970.6430 Anaheim, California 92807 FAX 7 1 4 . 9 7 0. 6 2 8 7 FAX COVER SHEET DATE: 12-1 -04 TO: Barry Muicock I City of San Jacinto Public Works PHONE. 909-654-4041 FAX: 909-487-7382 FROM: Kevin Freck NUMBER OF PAGES INCLUDING COVER: jr RE: Decorative Lighting Proposal • hi Barry: Here is our proposal for your review. If you have any questions, please feel free to give me a call at 714-970-430. Re - ctful `' eck Pacific Utility Installation inc. kev inapac ificuti lity.com tr4C . I • Providing quality workmanship with extraordinary service to Southern California's 8ullderlDeveloper. Et I 12/01 / 2004 17: 39 7149706915 PAGE 02 Qac ific INSTALLATION , I N C . December 112004 City of San Jacinto Publle_Works Mr. Seery Mulcock 270 Bissell Place San Jacinto, CA 92582 Mr. Mulcock: Pacific Utility installation is pleased to provide the following quotation for the Installation of (1 ) decorative streetlight in the city of San Jadnto. This proposal was prepared using information provided by City of San Jacinto Public Works; SCOPE OF WORK Cf TY STREET LIGHT Includina Base Me Luminaire V' Wire 1 . Sentry SAL 4VP 51418' Aluminum. Pole 1 EA 1 . Sentry SCP —NB-175MH-240V Luminaire 1 EA Color. Forest Given 'TOTAL AU. ITEMS $6,327.39 • Please allow 8-10 weeks A.R.O for streetlight • Proposal includes removal of existing pole. Any additional work exceeding this scope of work is to be determined on a time & material basis. (see Owners' Conditions attached) All of the above work to be completed In a substantial and workmanlike manner according to standard practices for the sum of, Six Thousand Tyrgp(y Seven Ooliars 8 Thirty Nine Cents (18.327.391 The entire amount of contract to be paid within: 30 days after completion. Unless otherwise specified, the following are terms of this Proposal and Contract: All permits, inspection and engineering fees are to be paid by you; Compaction is to be obtained by flooding; All footage Is to be measured upon completion; Ground water, rock and/or exceptionally hard ground, if encountered will be at cost plus and/or renegotiated; and no resurfacing is included herein. My alteration or deviation from the above specifications Involving extra cost of material or labor will only be executed upon written orders for same, and will become an extra charge over sum mentioned in this contract. All agreements must be made in writing. All billing Is net 30 days. We reserve the right to ones; a service charge of 1 '4% per month on all past due billings. In the event either party institutes legal action hereto, the prevailing party shall be entitled to reasonable attorney's fees and costs. This proposal, upon acceptance, shall become a part of the contract for the above-described work. Proposal pricing Is valid for 30 days from date of quote. We appreciate the opportunity to compete for your business if t can be of any further assistance please feel free to contact me at 800.598.0008 or on my mobile at 714.231 .8723. I lI a .4111 '} Arty Installation, Inc, ACCEPTANCE You ere hereby authorteed to furnish all materials and labor required to complete the work mentioned In the above proposal, for which we agree to pay the amount mentioned in said proposal, and according to the terms thereof. X. Date Signature Title BID Page 'I of 2 Office 114 . 170 . 4430 For 711 . 970 17t7 s541 E . Eisenlower Cirtlr , tneheim Co 92307 1 tense 1733201 12/ 01 / 2004 17: 39 7149706915 PAGE 03 General Conditions A. Proposal is bawd upon consultant's plans subject to change. Riverside Electric, Prelim SBC, Prelim CATV and consultants sleeve plan only et time of bid. B. Additional trench, over proposed footage, will be al contract price, C. My other trench required not listed on proposal will be negotiated at the time of need. D. Additional trench, over proposed footage, will be at contract price. E. My other conduit required, not listed on proposal, will be negotiated at the time of need. F. Additional sand, ovwpropose4 footage, will be at contractor price. G. My other send required, not listed on proposal, will be negotiated at the time of need. H. Equipment b labor rates at a 4-hour minimum: 1, Construction Supervisor $45.O0 per hour 2. Backhoe W/pperator $80.00 per hour 3. Backhoe W/Rock Bucket S110.00 per hour (plus cost of bucket teeth) 4. Backhoe W/Compaction Wheel $90.00 per hour 5. Backhoe (CAT448) W/Breaker $175.00 +20% per hour 6. Foreman $42.O0 per hour T. Laborer $32.O0 per hour 8. 5 Yd. Dump Truck VI/Driver $65.00 per hour 9. Dozer W/Operetor $8O.00 per hour 10. Stomper W/Operator S8O.O0 par hour it. Water Truck W/Driver 548.00 per hour 12. Compressor W/Toofs $250.00 per day 13. 2" Suction Pump W/Hose $90.00 per day 14. 3" Sucdon Pump W/Hose $110.00 per day Rock Clause: With standard 18" bucket only. In the event that soli conditions or the presence of rock impede the excavation by a CASE 580 backhoe or the equivalent, sub- contractor shall be reimbursed at the cost +20& for the necessary equipment and labor required to achieve the excavation. Weather Clause: Any additional work and/or materials required to repair damage caused by bad weather (rain and/or heavy wind) will be the responsibility of the developer end shall be contracted on a time and material basis as needed. K. Steel right-of-way plates for construction access shall beat $20.00 per day, per plate, with a $950.00 delivery charge per delivery/pickup order. L Gas riser pads H required will be at a negotiated price at time of need M. Bore work shall be contracted on a time and material basis. N. Riser Conduits: In the event that riser conduits at meter cabinets are recessed more than 8- Into foundation footing, the sub-contractor shall be reimbursed at hourly rates for labor and equipment necessary to tunnel under rooting exposing the riser conduits. O. Builder is responsible for all permits and Inspection and engineering fens, P. Builder ht responsible for all permanent asphalt replacement. Sub-contract will only place temporary asphalt patch on any roadwork. G. Builder shall furnish and pay for construction water/meter location. R. Assumes CATV furnished and installed system within builder joint main/service trench. BID Para(e 1 :71 1 Oflise 114 . 970 6430 foe 714 . 970 . 6281 4597 E . Ehsenhorer ( 1 . ( 14 . Anaheim , Co 92901 Ut + ase 6133707 AGENDA ITEM S f �� January 20, 2005 TO: Mayor and City Council FROM: Peter Cosentini, City Manager SUBJECT: Cost of Living Increase for Valley Service Connection Services RECOMMENDATION: It is recommended that the City Council approve a 5% cost of living increase in the rate charged for services from Valley Service Connection. BACKGROUND: Attached is a request from Mary Snow requesting that the City approve a 5% increase in the rate that they charge for the services of Cleaning in and around Main Street. Valley Services Connection provides a variety of maintenance services in and around Downtown, City Hall, and the Virginia Lee. The 5% rate increase is due to salary increases and cost of living increases. The total contract is in the neighborhood of $17,400. The increase equates to approximately $800.00 increase per year for services rendered. JUSTIFICATION: Proper compensation for the services rendered to the City. BUDGETARY IMPACT: Staff will allocate the appropriate amount of money during the mid-year budget process to cover the increase of this expenditure for the remainder of the fiscal year. Approva ATTACHMENTS: City Manager: 1 . Memorandum from Mary Snow dated 1/5/2005 Finance Director: 1 MEMORANDUM To: Bernie Simon From: Mary Snow, Program Director Date: January 5, 2005 Subject: Main Street Maintenance Contracts Dear Bernie: Attached please find Valley Service Connection contracts for The City of San Jacinto Main Street maintenance and City Hall maintenance. We have increased our hourly rate from $20 to $21 due to cost of living increases and salary adjustments. If this increase is a problem, please let us know. Sincerely Mary Snow Valley Service Connection A program of Central County United Way 418 E. Florida Ave. Hemet, CA 92543 (951) 929-7173 www.ccuw.ow - ,} (4,L__,, Valley Service Connection Contract for Main Street Maintenance effective January 1, 2005 Proposal: General Street Maintenance: $21 per hour/$12.0 1 2/yr. Blow and/or sweep all sidewalks and gutters on Main Street from San Jacinto to Jordan. Also including 'z block of sidewalks North and South each side street. Pick up all loose litter on street, sidewalk, and planters. . Empty trash containers, replace bags. Blow stamped concrete. Additional maintenance requests, such as painting and power washing, will be addressed as requested and billed on a time and materials basis at our current labor rate of $20 per hour. United Way' s Valley Service Connection will provide the services outlined above and will provide the equipment and tools necessary to complete the proposed work. This proposal includes one man for 11 hours each week. All of our employees are bonded and insured. Monthly service invoices will be submitted to The City of San Jacinto, Main Street Maintenance. Mary Snow Program Director Proposal Accepted By Date C4:<'>: t, ( 1 Valley Service Connection Contract for Maintenance effective January 1 , 2005 Proposal 1 : General Exterior Maintenance: $4,368.00/yr. Wash sidewalks in front and side of City Hall and wash sidewalks in front of the Virginia Lee weekly. Power wash sidewalks as necessary. Blow walkways around Virginia Lee weekly. Remove trash and blow rear parking lot of City Hall weekly. Clean front windows at City Hall and front windows of Virginia Lee weekly. Additional maintenance requests, such as cleaning canopies and power washing exterior walls, will be addressed as requested and billed on a time and materials basis at our current labor rate of $21 per hour. United Way' s Valley Service Connection will provide the services outlined above and will provide the equipment and tools necessary to complete the proposed work. This proposal includes one man on the for premises 4 hours each week. Proposal 2: Parking Lot Maintenance: $1 ,092.00/ yr. Remove trash and blow rear parking lot of the Virginia Lee weekly. Additional requests to maintain parking lot will be addressed as requested and billed on a time and materials basis at our current labor rate of $21 per hour. United Way' s Valley Service Connection will provide the services outlined above and will provide the equipment and tools necessary to complete the proposed work. This proposal includes one man on the for premises 1 hour each week. All of our employees are bonded and insured. Monthly service invoices will be submitted to The City Of San Jacinto, City Hall Clean-up. Mary Snow Program Director ti Proposal Accepted by: Date: (-T,; AGENDA ITEM 5 ' t<3 January 20, 2004 TO: The Honorable Mayor and City Council FROM: City Manager and City Attorney SUBJECT: Funding of Additional Police Officer RECOMMENDATION: Read title and, by motion adopted by majority vote, introduce Ordinance No. ,OJ entitled, AN ORDINANCE OF THE CITY OF SAN JACINTO, CALIFORNIA, PROVIDING FOR THE CONTRIBUTION OF REVENUES FOR ADDITIONAL POLICE SERVICES ASSOCIATED WITH CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 BACKGROUND: In 2003, the City Council approved a CFD that establishes a funding mechanism for additional police and fire protection services. The City is currently experiencing the need for increased traffic-related police services. At the same time, the City is also currently seeking to establish and staff a second fire station on the western end of the City. However, because the CFD raises revenues from new development, at this time, there is not sufficient revenue in the CFD to fund both the second fire station personnel and the additional traffic-related police officer. Therefore, one alternative is to have the City fund the additional police officer from the City's other non-CFD funds (i.e., the City's general fund) during the current fiscal year, with a commitment from the CFD to repay the amount during the next fiscal year, with interest. At that time, it is expected that the CFD will have sufficient funding to cover all of these expenses. The proposed amount to be contributed is $100,000. The City Attorney's office has reviewed this alternative and believes that it is legally permissible under the CFD law. In order to do so, an ordinance must be adopted that specifies the amount of the contribution and the purposes for which the contribution may be used. The accompanying ordinance does this. Page 1 of 2 RVPUBUJSB1686489.1 JUSTIFICATION: The adoption of this ordinance is justified in order to provide for the current funding of an additional police officer while at the same time protecting the funds of the CFD in order to allow for the scheduled staffing of a second fire station. BUDGETARY IMPACT: The approval of this ordinance will have a short term impact on the City's non-CFD funds (i.e., its general fund) in that those funds will be spent on the provision of additional police services. However, because the CFD is required to pay back the contribution in the next fiscal year, with interest, this impact will be only for a short while, and the City's money will be earning interest as well as being put to use for additional public safety services. Attachment: Ordinance No. Page 2 of 2 RVPUBUSB1686489.1 STATE OF CALIFORNIA ) ORDINANCE NO. 05- oI COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) AN ORDINANCE OF THE CITY OF SAN JACINTO, CALIFORNIA, PROVIDING FOR THE CONTRIBUTION OF REVENUES FOR ADDITIONAL POLICE SERVICES ASSOCIATED WITH CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 WHEREAS, the City Council ("City Council") of the City of San Jacinto ("City") has previously formed a Community Facilities District pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1 , Division 2, Title 5 of the Government Code of the State of California, said Article 3.5 thereof, the Community Facilities District being designated as Community Facilities District No. 2003-1 (the "CFD No. 2003-1 "); and WHEREAS, CFD No. 2003-1 was established by the City Council for the purposes of financing the costs of additional police protection services, including , but not limited to, criminal justice services and additional fire protection and suppression services within and surrounding the area of CFD No. 2003-1 and the costs associated with the determination of the amount of collection of taxes, the payment of taxes and costs otherwise incurred in order to carry out the authorized purposes of the CFD No. 2003-1 ; and WHEREAS, the City Council is authorized by California Government Code section 53314.8 to provide by ordinance that for a period of time specified in the ordinance that the City may contribute from any source not otherwise prohibited by law, any specified amount for purposes set forth in the ordinance, including , for the provision of authorized services and the payment of expenses incidental thereto, and further that such contribution shall not constitute an indebtedness of the City; and WHEREAS, the City Council has determined that a very real and true need now exists for the addition of an extra peace officer in order to conduct primarily traffic-related law enforcement services, including, but not limited to, apprehending and arresting/citing drivers who are speeding or driving while intoxicated; and WHEREAS, the City Council therefore desires to provide for the contribution of City funds to CFD No. 2003-1 during the City's 2004-2005 fiscal year in an amount necessary to add an extra peace office for such purposes, with a commitment from the CFD to pay such contribution back to the City's general fund during the City's 2005-2006 fiscal year, with interest accruing at an annual rate of _ percent per annum. THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES ORDAIN AS FOLLOWS: RVPUBUSB\686487.1 Section 1 . The City Council hereby adopts the recitals of this Ordinance as true and correct and such recitals are hereby incorporated by reference as though fully set forth in the text of this Ordinance. Section 2. Pursuant to Government Code section 53314.8, the City Council may, at any time during the City's 2004-2005 fiscal year contribute, from any source of revenue not otherwise prohibited by law, an amount no greater than Two Hundred and Five Thousand Dollars ($205,000) to CFD No. 2003-1 for the purpose of adding to the City's current contract with the Riverside County Sheriffs Department one (1 ) additional peace officer to conduct primarily traffic-related law enforcement services, including , but not limited to, apprehending and arresting/citing drivers who are speeding or driving while intoxicated, and the payment of expenses incidental thereto. This contribution shall not constitute an indebtedness or liability of the City of San Jacinto. Section 3. No later than the end of the City's 2005-2006 fiscal year, CFD No. 2003-1 shall repay to the City the amount specified in Section 2 hereof, with interest accruing at an annual rate of _ percent per annum. Section 4. This Ordinance shall take effect 30 days after its final passage. Section 5. The City Council hereby finds that the adoption of this Ordinance will not have a significant effect on the environment for the following reasons: A. Pursuant to a determination by the City that the approval of this Ordinance is exempt from further review under the California Environmental Quality Act because, pursuant to Title 14 of the California Code of Regulations Section 15378, subdivision (b)(4), the approval of this Ordinance is not a project because it is merely the creation of government funding mechanisms or other governmental fiscal activity. Therefore, City staff is hereby directed to file a Notice of Exemption upon adoption of this Ordinance. Section 6: The City Clerk shall certify the adoption of this Ordinance and cause the same or a summary thereof to be published in he County of Riverside, State of California. Introduced at a regular meeting of the City Council on the 20th day of January, 2005 by the following vote: AYES: NAYS: ABSENT: RVPUBUSB1686487.1 ABSTAIN : City of San Jacinto by Dale Stubblefield, Mayor Pro Tern ATTEST: Dorothy L. Chouinard, City Clerk APRPOVED AS TO FORM: John Brown, City Attorney RVPUBUSB1686487.1 AGENDA ITEM 5, fLI January 20, 2005 TO: The Honorable Mayor and Members of the City Council FROM: Habib Motlagh►yC Cityay Engineer SUBJECT: Final Parcel Map 32061— Luiten Investments, L.P. RECOMMENDATION: By motion approve Final Parcel Map 32061 for recordation, pending the approval of the final map by the City. BACKGROUND: Final Parcel Map 32061 is a 36.6 gross acre subdivision into two commercial lots, located on the northeast corner of Cottonwood Avenue and Sanderson Avenue. Parcel 1 is approximately 8.8 acres and Parcel 2 is approximately 27.8 acres. The parcel map is a financing subdivision — no development is proposed as part of this application. Since this is a financing map and annexation to LLPD No. 2 and CFD 2003-1 will take place concurrently with development of each parcel. JUSTIFICATION: Final Parcel Map 32061 complies with the requirements of the Subdivision Map Act, the City of San Jacinto Subdivision Ordinance, General Plan designation, and the conditions of approval as conditioned by the Planning Commission on December 9, 2004. BUDGETARY IMPACT: Developer has paid the associated final map plan checking fees. ATTACHMENTS: 1 . Final Parcel Map 32061 Appr Is City Manager: Page 1 of 1 Finance Director: Pt! 111 11111 P 1 11 ! mor 1! 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SY MONS S1H6Mlall MINXES 3YaBlO 13S 3 at • It 1-4 a 2/Z 39d '9® 700E SY tl9112 laws MOSS 0300V1 WC i 0Y31 N34.E01t ri. area frau3S 3a3S0Nri .Q *Mau roman WN Saw ECU JNMI34/3 0316/011 i 3141a Na all T1. Oral on .l S1113100 0 NY JD 11390H 112.033 teed own VWa%131a O 55337V 0313E1fll 93LY710B /// ' 703BN CM SY11Ifl1OM @a10! 9LCIWO • 7/./91 ANd %SiS Rd M3d '98 I. < > NOLLd0a90 3YY31 ad 73N - [ ] 9c-If/95 SE Mad WA - I ( 11 TE-d9/BI mid 330e 11d led 73N - ( ) 3/0 00021141111G1 I 41700Z 'N3B113AON BVW S'Td 'OYmOf10 'Y lf1Vd tNI '0N1/13ANf1S vans 310 $ = I90Z£ 'ONI !Wit TI`3�2Ivd �� M�34AON :A3 COTS f6 d0 3LYa I1t 1 III iN Z :5133kNd VINN03IlV3 3O 3IV.IS `301SN3AIM SO .I.INRO3 psi=.I :3 V3S swam `OINIJVf NVS 10 LID 3111 NI WIMP MS 1333N4 3 d0 3 133H5 AGENDA ITEM 6.1 January 20, 2005 TO: The Honorable Mayor and Members of the City Council FROM: Dorothy L. Chouinard, City Clerk Er\ SUBJECT: Committee and/or Agency Agendas RECOMMENDATION: rN,Nt G,�t (, Receive and file. BACKGROUND: Information per Council's request. JUSTIFICATION: None BUDGETARY IMPACT: None ATTACHMENTS: Library RCTC RTA VEDC W ROG Apple City Manager: Finance Director: f Page 1 of 1 L ,..„. Mtn Riverside Transit Agency IS Riverside Transit Agency vir . Board of Directors Meeting 0 Meeting No. 2004-11A December 16, 2004 4 2:00 p.m. 1825 Third Street Riverside, CA 92507 PLEASE NOTE : The Chairman of the Board kindly requests that cell phones be turned off during the meeting ITEM RECOMMENDATION 1 . CALL TO ORDER I. SELF-INTRODUCTIONS 3. FLAG SALUTE 4. PUBLIC COMMENTS — NON-AGENDA ITEMS RECEIVE COMMENTS Members of. the public may address the Board regarding any item within the subject matter jurisdiction of the Board; however, no action may be taken on off-agenda items unless authorized by law. Comments shall be limited to matters not listed on the agenda. Members of the public may comment on any matter listed on the agenda at the time that the Board considers that matter. Each person's presentation is limited to a maximum of three (3) minutes 5. EMPLOYEES' OF THE YEAR PRESENTATION MAKE PRESENTATION 6. PRESENTATION OF AWARD TO FIRST VICE CHAIRMAN OF THE BOARD JIM AYRES IN RECOGNITION OF FIVE YEARS OF SERVICE AND PRESENTATION OF PLAQUE TO DIRECTOR JIM VENABLE IN RECOGNITION OF HIS SERVICE AS A BOARD MEMBER (P. 4) MAKE PRESENTATIONS Any Person with a disability who requires a modification or accommodation in order to participate in this meeting should contact the RTA Clerk of the Board, telephone number (909) 565-5044, no less than two business days prior to this meeting to enable RTA to make reasonable arrangements to assure accessibility to this meeting. J4 ' RTA BOARD OF DIRECTORS MEETING PAGE 2 DECEMBER 16, 2004 EM RECOMMENDATION 7. APPROVAL OF MINUTES — NOVEMBER 18, 2004, BOARD MEETING (P. 6) APPROVE 8. CONSENT CALENDAR All items on the Consent Calendar will be approved by one motion and there will be no discussion on individual items unless a Board member or member of the public requests a specific item be ' pulled from the calendar for separate discussion A. RTA Financial Profile — November 2004 (P. 14) RECEIVE AND FILE B. Ridership Report — November 2004 (P. 26) RECEIVE AND FILE C. Personnel Report — November 2004 (P. 31 ) RECEIVE AND FILE D. Transportation Center Report — November 2004 (P. 36) RECEIVE AND FILE E. On-Time Performance Report — November 2004 (P. 41 ) RECEIVE AND FILE F. Board Administrative Committee Meeting — 11 /10/04 Minutes (P. 47) RECEIVE AND FILE G. Board BRT Ad-Hoc Committee Meetings — 6/4/03, 7/2/03, 12/3/03, and 12/18/03 Minutes (P. 49) RECEIVE AND FILE H. Board -Budget and Finance Committee Meeting — 11 /3/04 Minutes (P. 57) , RECEIVE AND FILE I. Transportation NOW Meetings' Attendees — November (P. 60) RECEIVE AND FILE J . Agency Credit Card Statement for December 2004 (P. 62) RECEIVE AND FILE K. Cash Flow Projections (P. 64) RECEIVE AND FILE Board Budget and Finance Committee Reviewed and Recommended (12/1/04 Meeting) L. Update on Physician's Verification of Disability for ADA Certification (P. 65) RECEIVE AND FILE Board Administrative Committee Reviewed and Recommended (12/8/04 Meeting) x, RTA BOARD OF DIRECTORS MEETING PAGE 3 'CEMBER 16, 2004 ITEM RECOMMENDATION M. Authorization to Award a Contract to Hazelrigg Risk Management Services for Third Party Administration of the Agency's Workers' Compensation Liability and Medical Bill Review (P. 67) APPROVE Board Budget and Finance and Board Administrative Committees Reviewed and Recommended (12/1/04 and 12/8/04 Meetings) N. Regional Workers' Compensation Statistical Profile (P. 70) RECEIVE AND FILE Board Budget and Finance and Board Administrative Committees Reviewed and. Recommended (12/1/04 and 12/8/04 Meetings) 9. TAXI DEMONSTRATION PROGRAM COST STATUS AND RECOMMENDATION OF FUNDING ALTERNATIVES (P. 84) APPROVE Board Budget and Finance Committee Reviewed and Recommended (12/1/04 Meeting) 10. CLOSE PUBLIC HEARINGS AND ADOPT PROPOSED FARE STRUCTURE MODIFICATION (P. 89) CLOSE PUBLIC HEARINGS/APPROVE 11 . ELECTIONS OF BOARD OFFICERS (P. 96) HOLD ELECTION 12. RTA BOARD MEETINGS'. CALENDAR FOR 2005 (P. 98) APPROVE 13. BOARD MEMBER COMMENTS AND REMARKS 14. ANNOUNCEMENTS 15. NEXT MEETING Regular . Meeting of the RTA Board of Directors Thursday, January 27, 2005 2:00 p.m. RTA Conference Room 1825 Third Street Riverside, CA. 92507-3484 ; o. ADJOURNMENT RIVERSIDE COUNTY TRANSPORTATION COMMISSION www. rctc. org AGENDA * *Actions may be taken on any item listed on the agenda 9:00 a.m. Wednesday, January 12, 2005 BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside In compliance with the Americans with Disabilities Act and Government Code Section 54954. 2, if special assistance is needed to participate in a Commission meeting, please contact the Clerk of the Commission at (951) 787- 7141. Notification of at least 48 hours prior to meeting time will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting. 1 . CALL TO ORDER 2 . ROLL CALL 3 . PUBLIC COMMENTS (Public Comment Section is for items not listed on the agenda. Comments relating to an item listed on the agenda will be taken at the time that the item is discussed.) 4. APPROVAL OF MINUTES - December 8, 2004 5 . ADDITIONS/REVISIONS (The Commission may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Commission subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Commission. If there are less than 2/3 of the Commission members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of the agenda. ) 6 . CONSENT CALENDAR - All matters on the Consent Calendar will be approved in a single motion unless a Commissioners) requests separate action on specific item (s). Items pulled from the Consent Calendar will be placed for discussion at the end of the agenda. Riverside County Transportation Commission Agenda January 12, 2005 Page 2 6A . STATUS REPORT ON THE COMMERCIAL PAPER PROGRAM Overview This item is for the Commission to receive and file the status report on the Commercial Paper program . 6B . INTERFUND LOAN ACTIVITY REPORT Overview This item is for the Commission to receive and file the Interfund Loan Activity Report for the month ended November 30 , 2004 and December 31 , 2004. 6C . CONTRACTS COST AND SCHEDULE REPORT Overview This item is for the Commission to receive and file the Quarterly Contracts Cost and Schedule Report the months of September, October, and November 2004 . 6D . REQUEST FOR PROPOSAL TO CONDUCT PRELIMINARY ENGINEERING AND PREPARE A PROJECT REPORT AND ENVIRONMENTAL DOCUMENT FOR THE I-215/SR 74/" G" STREET INTERCHANGE IN PERRIS Overview This item is for the Commission to : 1 ) Direct staff to prepare and advertise a Request for Proposal (RFP) for consultant services to provide preliminary engineering services and preparation of a Caltrans Project Report ( PR) and NEPA/CEQA Environmental Document ( ED) for the development of the 1-21 5 /SR 74/"G " Street Interchange in Perris; 2) Form a selection committee, comprised of representatives from RCTC , Caltrans, and City of Perris staffs, to review , evaluate, and rank all RFP' s received ; and , 3) Authorize staff to negotiate a contract with the top ranked consultant and bring back a recommendation to the Commission for contract award . Riverside County Transportation Commission Agenda January 12, 2005 Page 3 6E. APPROVE AGREEMENT NO . 05-31 -532 WITH CH2M HILL FOR THE PRELIMINARY ENGINEERING SERVICES FOR THE PREPARATION OF A PROJECT REPORT AND ENVIRONMENTAL DOCUMENT FOR THE STATE ROUTE 79 REALIGNMENT PROJECT Overview This item is for the Commission to : 1 ) Approve Agreement No . 05-31 -532, Amendment No . 1 to Agreement No . 02-31 -043 , with CH2M Hill based on the negotiated project scope , schedule , and cost for a not to exceed amount of $ 10, 937 , 728 for the realignment of SR 79 in the vicinity of the Cities of San Jacinto and Hemet for the development of a Project Report and Environmental Document; 2) Authorize the Executive Director, pursuant to Legal Counsel review , to execute amendments for non cardinal changes to the scope of work up to a maximum contingency amount of $ 2, 220 , 926 for a not to exceed total contract amount of $ 15 , 153 , 151 (includes original contract value of $ 1 , 994,497 ) ; and , 3) Authorize up to $ 13 , 158 , 654 of Western County Regional TUMF funds to the contract recognizing the Commission' s commitment to deliver a future six lane facility on the realigned portion of State Route 79 for $ 132 , 000,000 of future Measure " A" and $ 83 , 293 ,000 of TUMF, inclusive of this action; and , 4) Authorize the Chairman , pursuant to Legal Counsel review , to execute the agreement on behalf of the Commission . Riverside County Transportation Commission Agenda January 12, 2005 Page 4 6F . APPROVE AGREEMENT NO . 05-31 -533 WITH SC ENGINEERING TO PROVIDE ADDITIONAL ENGINEERING AND ENVIRONMENTAL STUDIES FOR PROPOSED IMPROVEMENTS TO STATE ROUTE 91 FROM MARY STREET TO 7TH STREET Overview This item is for the Commission to : 1 ) Approve Agreement No . 05-31 - 533 , Amendment No . 1 to Agreement No . 02-31 -009 , with SC Engineering to extend the limits of the SR 91 HOV widening project to finalize the Project Approval and Environmental Document ( PA/ED ) based on the negotiated project scope , schedule, and cost for a total amount of $ 306 , 216 ; and , 2) Authorize the Chairman , pursuant to Legal Counsel review , to execute the agreement on behalf of the Commission . 6G . AWARD AGREEMENT NO . 05-33-523 FOR THE CONSTRUCTION OF THE RIVERSIDE-DOWNTOWN METROLINK STATION PARKING LOT IMPROVEMENT Overview This item is for the Commission to : 1 ) Award Agreement No . 05-33-523 to Hillcrest Contracting , Inc . for the construction of the Riverside-Downtown Metrolink Station parking lot improvement for the amount of $ 388 ,445 . 50 plus a contingency amount of $ 50 ,000 , to cover unknown potential change orders encountered during construction , for a total not to exceed amount of $438 , 445 . 50; 2) Authorize the Chairman , pursuant to Legal Counsel review , to execute the agreement on behalf of the Commission ; and , 3) Amend the Commuter Rail capital budget by $ 188 , 500 and Commuter Rail Short Range Transit Plan to reflect changes . Riverside County Transportation Commission Agenda January 12, 2005 Page 5 6H . RESERVE POLICY FOR LOCAL TRANSPORTATION FUNDS Overview This item is for the Commission to : 1 ) Establish a transit operators ' reserve policy of 10 % for Coachella Valley and Palo Verde Valley apportionment areas; 2) Establish a transit operators' reserve policy of 10 % for each of the transit operators (public bus and commuter rail) in the western Riverside County apportionment area ; and , 3) Revise the Funding Disbursement Policy so that 100 % of the operating funds are allocated and disbursed with two-twelfths of the 100 % disbursed the first month and the remainder (ten-twelfths) disbursed over the next eleven months . 61 . CITIZENS ADVISORY COMMITTEE/SOCIAL SERVICES TRANSPORTATION ADVISORY COMMITTEE Overview This item is for the Commission to approve the membership roster for the Citizens Advisory Committee/Social Services Transportation Advisory Committee (CAC/SSTAC) effective January 2005 . 6J . AWARD OF AGREEMENT NO . 05-45-531 FOR CALL BOX SUPPORT SERVICES Overview This item is for the Commission to : 1 ) Award Agreement No . 05-45-531 to Bernard J . Arroyo for Call Box Consultant services for a one-year period from January 3 , 2005 through December 31 , 2005 with four (4) one-year options; and , 2) Authorize the Chairman , pursuant to Legal Counsel review, to execute the agreement on behalf of the Commission . Riverside County Transportation Commission Agenda January 12, 2005 Page 6 6K . AMENDMENT TO FISCAL YEAR 2005 MEASURE "A" CAPITAL IMPROVEMENT PLAN FOR LOCAL STREETS AND ROADS FOR THE CITY OF PALM SPRINGS Overview This item is for the Commission to approve the amendment to the FY 2005 Measure "A" Capital Improvement Plan for Local Streets and Roads for the City of Palm Springs . 6L. APPROVE FUNDING AGREEMENT NO . 05-25-536 WITH LACMTA, OCTA, SANBAG , VCTC, SCAG , AND CALTRANS FOR THE MULTI - COUNTY GOODS MOVEMENT ACTION PLAN Overview This item is for the Commission to : 1 ) Approve Agreement No . 05-25- 536 with LACMTA , OCTA, SANBAG , VCTC , SCAG , and Caltrans for the Multi-County Goods Movement Action Plan in the amount of $ 125 , 000 ; 2) Authorize the Chairman , pursuant to Legal Counsel review , to execute the agreement on behalf of the Commission ; 3) Allocate an additional $ 125 , 000 of re-allocated LTF funds and increase the FY 2004-05 rail operating budget to accommodate the allocation ; and , 4) Amend the FY 2004-05 Commuter Rail Short Range Transit Plan to reflect these changes . 6M . COMMUTER RAIL PROGRAM UPDATE Overview This item is for the Commission to receive and file the Commuter Rail Program Update as an information item . 6N . RCTC POLICY PROHIBITING EMPLOYMENT OF EX-OFFICIO , NON- VOTING BOARD MEMBERS Overview This item is for the Commission to amend the RCTC Personnel Policies and Procedures to allow the ex-officio member of RCTC to be eligible for employment following resignation from the Commission . Riverside County Transportation Commission Agenda January 12, 2005 Page 7 7 . AWARD OF AGREEMENT NO . 05-31 -530 TO JACOBS CIVIL INC . TO PROVIDE PHASE II OF ENGINEERING SERVICES RELATED TO THE MID COUNTY PARKWAY PROJECT FOR THE PREPARATION OF A PROJECT REPORT AND ENVIRONMENTAL DOCUMENT Overview This item is for the Commission to : 1 ) Approve Agreement No . 05-31 -530, Agreement No . 04-31 -018 , with Jacobs Civil Inc. for the Mid County Parkway Project to develop a Project Report and Environmental Document based on the negotiated project scope, schedule and cost that is attached to this agenda item for a not to exceed amount of $ 22 ,025 , 928 ; 2) Authorize the Executive Director, pursuant to Legal Counsel review , to execute amendments for non cardinal changes to the scope of work up to a maximum contingency amount of $4, 108 ,456 for a not to exceed total contract amount of $ 26 , 134, 384; 3 ) Authorize the commitment of $ 8 , 303 ,000 of Western County Regional/CETAP TUMF funds and $ 17 , 831 , 384 of commercial paper funds to the contract, and authorize interfund borrowing , if necessary , to support the project's short term cash flow needs; and , 4) Authorize the Chairman, pursuant to Legal Counsel review , to execute the agreement on behalf of the Commission . 8 . AWARD OF AGREEMENT NO . 05-25-535 FOR THE WESTERN RIVERSIDE COUNTY COMMUTER RAIL FEASIBILITY STUDY Overview This item is for the Commission to : 1 ) Award Agreement No . 05-25-535 for the Western Riverside County Commuter Rail Feasibility Study for a not to exceed amount of $ 150 ,000; 2) Authorize the Chairman , pursuant to Legal Counsel review, to execute the agreement on behalf of the Commission; 3) Allocate an additional $ 150,000 of re-allocated LTF funds and increase the FY 2004-05 rail operating budget to accommodate the allocation ; and , 4) Amend the FY 2004-05 Commuter Rail Short Range Transit Plan to reflect these changes . Riverside County Transportation Commission Agenda January 12, 2005 Page 8 9 . STATE AND FEDERAL LEGISLATIVE STATUS REPORT Overview This item is for the Commission to : 1 ) Approve the Proposed 2005-2006 State and Federal Legislative Programs ; 2) Adopt the following bill positions and associated policy positions: SUPPORT — ACA 4 ( Plescia, R-San Diego ) ; and , 3) Receive and file the State and Federal Legislative Status Report as an information item . 10 . ITEMS PULLED FROM CONSENT CALENDAR AGENDA 11 . COMMISSIONERS / EXECUTIVE DIRECTOR'S REPORT Overview This item provides the opportunity for the Commissioners and the Executive Director to report on attended and upcoming meetings/conferences and issues related to Commission activities, including a proposal to change the Commission 's March meeting date . 12. CLOSED SESSION ITEM A. CONFERENCE WITH LEGAL COUNSEL: EXISTING LITIGATION Pursuant to Government Code Section 54956 . 9 (a ) B . CONFERENCE WITH LEGAL COUNSEL : ANTICIPATED LITIGATION Pursuant to Government Code Section 54956 . 9 (b) C . CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code Section 54956 . 8 13. ADJOURNMENT The next Commission meeting is scheduled to be held at 9 : 00 a. m . , Wednesday, February 9 , 2005, Board Room , County of Riverside Administrative Center, 4080 Lemon Street, Riverside. RIVERSIDE COUNTY TRANSPORTATION COMMISSION EXECUTIVE COMMITTEE (COMMISSIONERS MARION ASHLEY, CHRIS BUYDOS, BOB BUSTER, TERRY HENDERSON , ROBIN LOWE, JEFF MILLER, JEFF STONE, JOHN TAVAGLIONE, MIKE WILSON, ROY WILSON) 8 :00 A . M . Wednesday, January 12, 2005 County of Riverside Administrative Center Conference Room "A" 4080 Lemon Street, 3`d Floor, Riverside In compliance with the Americans with Disabilities Act and Government Code Section 54954. 2, if you need special assistance to participate in an Executive Committee meeting, please contact the Clerk of the Commission at (909) 787- 7141. Notification of at least 48 hours prior to meeting will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting. 1 . CALL TO ORDER 2. PUBLIC COMMENTS 3 . AUTHORIZATION TO RECRUIT FOR NEW POSITIONS AND APPROVAL OF CONTRACT TO PERFORM RECRUITMENT Overview Increasing demands from RCTC staff due to ongoing commitments as well as future changes in staffing as a result of impending retirement plans of senior staff members is a concern which needs to be addressed . It is proposed that the Executive Committee provide authorization to recruit for new positions and to approve a contract to assist in the recruitment. 4. RCTC POLICY PROHIBITING EMPLOYMENT OF EX-OFFICIO , NON-VOTING BOARD MEMBERS Overview In reviewing policies in place for several major transportation organizations, they do not have a policy in place wherein a governor's appointee is not eligible to seek employment from these organizations . This item is on the Executive Committee to be discussed . However, since the Commission is charged with approving its Personnel Rules and Regulations , this is on the agenda for the full Commission for action . 5 . AMEND FEES FOR RECORD REQUESTS Overview Requests for records continue to increase due to a number ongoing and upcoming projects and studies . It has been a number of years since the Commission has reviewed the cost to produce records . It is proposed that the Commission amend the fee it charges for copies of records from 50 cents for the first page and 10 cents for each subsequent page(s) . 6 . ADJOURNMENT The next meeting is scheduled to be held at 8 :00 a . m . , Wednesday, February 9 , 2005 , ROTC Conference Room "A " , 4080 Lemon Street, 3`d Floor Conference Room , Riverside. I Z < < < < < < Qaaaaa /0/ /� o cccccccccccccccccccccccc V J - CCC C C C C C C C C C ' ^ alO O O O O O O O O O O 0 VJ O C.) C.) L.) C...) U U U U C.) U C.) ,J 0 0 0 0 0 0 U U 0 0 C.) U CO H. 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Q Q aa) O o 0 a) C a) O _c I.7 N 5 LL v) Z O Sc o . .a H CD E n E cn fL a) RTA I Riverside Transit Agency I Get On & Go! Page 1 of 2 rtla . . .. . . ... .. ..L'.' ' ::rk P � 4t'4 .1 ` ` W F �. ' e». . i 4� • • ! _ i SOILS S. ,_• F • f Y ' 't I Contact I Comments Bus Information About RTA News Room NM I Search Site 1 BOARD MEETING CALENDAR FOR 2005 Plan Your Trip Unless otherwise notified, all meetings in 2005 will convene at 2 : 00 p.m. in the Board Room at the Riverside Transit Agency, 1825 Third Street, Riverside, CA. Riders ' Alert January 27 July 28 February 24 No August Board Meeting March 24 September 22 MISSION STATEMENT April 28 October 27 The RiversideTransit Agency, May 26 November 17 Riverside County's multi-modal transportation provider, shall June 23 December 16 provide 10f a variety of transportation needs in a cost- effective and efficient manner, All meetings are set for the fourth Thursday of each month with the exception for all residents in our member of the meetings to be held in November and December. The meetings In these communities, The Agency is two months have been scheduled for the third Thursday of the month because committed to providing safe, of the Thanksgiving and Christmas holidays. There is no meeting scheduled for reliable, courteous, accessible, and user-friendly transit August. services to our customers, Any questions regarding Board meeting dates and times should be directed to Maricela Hernandez, Clerk of the Board, at 951-565-5044. All buses are ilsi accessible to persons with disabilities. • sr "tit .. t � to N; TRANSPORTATION NOW y" i w #ii B!I The Riverside Transit Agency's Transportation NOW is a coalition of local concerned citizens dedicated to promoting and expanding transportation alternatives. The group's include advocating for balanced federal, state and local policies for transportation alternatives, in addition to educating individuals, businesses and local organizations about the community-wide importance of transportation. Everyone is welcome to attend our meetings. Pass Area t.++«• //..,..n„ .•.,,aro;.la+, nnoa rnm /itdaatinnc/nnt;rea html 1 /1 2/2005 RTA I Riverside Transit Agency I Get On & Go ! Page 2 of 2 Meets the first Friday of each month at 12 noon, alternating locations. Corona/ Norco Meets the second Thursday of each month, 9 : 30 a.m., alternating locations. Moreno Valley/Perris Meets the second Wednesday of each month, 11 :30 a.m., alternating locations. QUARTERLY ADA COMMITTEE MEETING You are invited to join Riverside Transit Agency riders and staff for quarterly ADA committee meetings. The meetings address various subjects relating to operations of RTA Paratransit and fixed route bus service. Any person with a disability who requires a modification or accommodation in order to participate in this meeting should contact Mary Arden, telephone number (951) 565-5066, no fewer than two business days prior to the meeting to enable RTA to make reasonable arrangements to assure accessibility to this meeting . Unless otherwise notified, all meetings will convene at 11: 00 a.m. in the Conference Room at the Riverside Transit Agency, 1825 Third Street, Riverside, CA. February 3, 2005 I Riverside May 5, 2005 I Hemet (THIS MEETING WILL BE HELD AT THE RTA HEMET OFFICE, 700 SCARAMELLA CIRCLE, HEMET, CA.) August 8, 2005 I Riverside November 3, 2005 I Riverside I HOME I CONTACT US I COMMENTS I SITE MAP I PLAN A TRIP I RIDERS' ALERT I Riverside Offices: 1825 Third Street, P.O. Box 59968, Riverside, CA 92517-1968 (951) 565-5000 Copyright © 1998-2004 by the Riverside Transit Agency. All rights reserved. Site Designed and Maintained by Zhappo Studios. 1,t+n- //,,n,n,, r;, rarc;rlatranc;t nnm/Aifaat;nrrc/nntirPc html 1 /12/2005 VALLEY ECONOMIC DEVELOPMENT CORPORATION HEMET • SAN IACINTO • RIVERSIDE COUNTY BOARD OF DIRECTORS MEETING WEDNESDAY, December 15, 2004 @ 7:00 A.M. VEDC Offices, 800 E. Florida Ave., Ste A AGENDA CALL TO ORDER & INTRODUCTIONS: Chairman Wright APPROVAL OF AGENDA APPROVAL OF MINUTES CORRESPONDENCE: Secretary Hippert FINANCIAL REPORT: Treasurer Christie EXECUTIVE DIRECTOR' S REPORT: Diane Wirth COMMENTS ACTION ITEMS 1 . Nominating Committee — L. Poggenpohl 2. GIS update — D. Wirth 3 . Annual Meeting — B. Wright 4. Workforce/Community Survey 5 . Joint VEDC/COC Board Meeting — Tuesday January 4, 2005 5 :30pm - ? 6. Committee Reports a. Strategic Planning — Eric Gosch b. Finance — Diane Graff 7. Other NEW BUSINESS ADJOURNMENT Valley Economic Development Corporation Is a 501(c)6 and Is a true public/private partnership. 800 E. Florida Ave., Suite Al Hemet, CA 92543 Tel: (951) 652-7688 • Fax; (951) 652-7618 C WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY REVISED AGENDA Monday, December 6, 2004 1 : 00 p. m. Riverside County Administrative Center First Floor Annex — Board Hearing Room 4080 Lemon Street Riverside, CA 92501 1 . CALL TO ORDER — Chairman Robin Lowe 2. ROLL CALL 3. PUBLIC COMMENT At this time members of the public may address the RCA Board of Directors regarding any items within the subject matter jurisdiction of the Board that are not separately listed on this agenda. Members of the public will have an opportunity to speak on agendized items at the time the item is called for discussion. No action may be taken on items not listed on the agenda unless authorized by law. Any person wishing to address the Board on any matter, whether or not it appears on this agenda, is requested to complete a Request to Speak form available at the door. The completed form is to be submitted to the Secretary prior to an individual being heard. Whenever possible, lengthy testimony should be presented to the Board in writing and only pertinent points presented orally. 4. BOARD MEMBER COMMENTS 5. MINUTE APPROVAL — November 1 , 2004 6. CONSENT CALENDAR: No Items. 7. POLICY CALENDAR: 7. 1 Consideration and Possible Approval of Resolution No. 04-11 in Support of an Environmental Enhancement Mitigation Program Grant Application for Wilson Valley Conservation Resource Acquisition Project 7.2 Consideration and Possible Approval of Resolution No. 04-12 Establishing a Fee Credit and Waiver Policy RCA BOARD OF DIRECTORS AGENDA Page 2 of 3 December 6, 2004 7.3 Consideration and Possible Approval of Resolution No. 04-13 Establishing Procedures and Requirements for Implementation of the Western Riverside County Multiple Species Habitat Conservation Plan 7.4 Consideration and Possible Approval of the 2005-06 Legislative Platform 7.5 Consideration and Possible Approval of 2005 Meeting Schedule 7.6 Consideration Ratification of Implementation and Administration Guidelines Committee Membership 8. PROGRAM ADMINISTRATIVE ISSUES 8. 1 Monthly Financial Report 9. GENERAL MANAGER'S REPORT 9. 1 Funding Coordination Committee — Land Acquisition Prioritization 9.2 Update on Land Acquisitions 9.3 Update on Formation of Committees / Meetings 10. ITEMS FOR NEXT MEETING Board members are invited to suggest additional items to be brought forward for discussion . 11 . CLOSED SESSION : With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.9: No items. RCA BOARD OF DIRECTORS AGENDA ?age 3 of 3 December 6, 2004 12. ADJOURNMENT Meeting to be adjourned to January 10, 2005 Riverside County Administrative Center First Floor Annex - Board Hearing Room 4080 Lemon Street Riverside, CA 92501 i . STAFF REPORT December 6, 2004 Agenda Item No. 7.6 Regional Conservation Authority Consideration of Ratification of Implementation and Administration Guidelines Advisory Committee Membership Staff Contact: Best Best & Krieger LLP (951 ) 686-1450 Background : A Regaional Conservation Authority Ad Hoc Committee, the Implementation and Administration Guidelines Advisory Committee ("Committee"), was previously appointed by the RCA Chair and ,ubsequently ratified by the RCA Board . The purpose of the Committee is to perform the duties previously undertaken by the MSHCP Stakeholders Advisory Group which was to make recommendations concerning MSHCP implementation. Two additional members, the County of Riverside and the Center for Biological Diversity, have been proposed for membership to the Committee. The proposed membership list is attached. Staff Recommendation: Ratify Implementation and Administration Guidelines Advisory Committee Membership List. Attachments: Implementation and Administration Guidelines Advisory Committee Proposed Membership List RVPUB\MO\685024. 1 % • c •a .c t • • 1- = 0 c U co a) a) 2 ate) 0 oJDn a), 70 as � r a) ° 3 0 C = CD co U .Q a) E .� �+ U '� . ca V Q a) V a) O .0 o VUU �a o m0 � •c g ���// E t UUU c ° E m 'E ° LL Q 3 a) a) a N 2 m Fa H -° c E ca :o Q /0� ° a�i `oY o 2 .� o E o o a �' 2 I V 0 — vj U C a 12- 0 E Y >, .c y - O) N O CO� > w n3 mUUUw • o m � � E0 a) 11 co CD � a) tn � aai ° � OOOoRm o Loco0v c U ._ m i al -0 ° Yix Er cc> Lc' a) c ca E o - m imE Q ,d, It) omowcnm ¢ a. -f6 E � cL , n o c a) I. '- o U - E CO .— • O cEvi n Z 5ZN >, � a) ca; Eo c O 1 a a 0 N U N (0 °_ Gad• o MECDCa) C o U as I- a) — O `o L. a) m t Q •O = N a) mac' aOa n 1-2 N � V- a) � � " ass a Q. 0 2 -pr QO C t W = U •— a a) I.N a) Ca .� c N c > ° vrn � ° � a o � � ° °rz ° a) Li •c °- = - c o C Cl) 15 .E d c3af)) •▪r▪ . 5m c°n > -o0oEn o i. O Q V C E N V ° •cu N en m L. �` Q - co Ca ° 0ca W c °) Off) � COc -aN L6 00 E L 0 C — d 1- 2fa2 ti CD a) Z' `� > a) °) mac ° o ° J CO car ® , N m c ° E 2- 0 , � cDE a) 00 2 I- a) c ° `o cz n0m °) -c c -c ca 3 m 0 m m � . N 0 U N >Z aa) NNc 2 ` caa) N6 v > E — > �. Cm) -0 _o f0O OOcom ▪° cB ° .� mOOao EoaE � N E . . WotmD - . UU .n . U1— ° °QE . � cp � ta) c`aa°)i W Q.' r ( irivuicflti000) orc•Ico 4- LC) ° u) ° ° E �/ Q. Q `n Em E E EO ' O c U F n E ° N 0 u°) a u) a) c ° •- V) a) O L > a) o a) a ° -o ca a) ..c m otQ LI-, C a V o E a) 0 -c L. r) `a) Est o awan -0 s• ° o _co6 m I- E a, o wcn IC @422e 15 : 39 7877991 me PAGE @ NLaIt in in m $ w k e 7 \ § 0 r CI CO CO g m e § Lu § f e 1 e m - © § k CO & — a = ef � 1- © « C > . . . . b § § Q _ § % 7 / i 2 . — z41 7 R COCOc § Q = 2si ¢ 2 2 � � ® ema 77 # 7 f _ ■ Wt - c 'Cr - CV % ,- - \ 52S 48 20 N 2 » n - r » Qe 7fi CU U w O - 2 m « w » n e / _ ki 12 ILI k k k k@ m e f { § k e e ƒ ( R ( § E ( ( k a Z E o f 2 ( / q / 6. 6 2 w $ q _ mf - S 7 q > E : i. C4 1- a 6.1 n _ n 15 ) k ) ) / ) $ k § - � ` » \ % % / % � \ p I & i / A f } E " k I E oii $ • \ / � ) k / = ° (5 3 $ P 2 / k § § ) ) R k 4 ) § 2 a £ 7 co ac' cC. ; I _ § S « a , t 0 T § 2 ° J t ] / E i- $ 7 000 > EJ R ® e e $ 2 2 S 1 P Q § - 2 c pc ' a . j = : m J / E u- _ V a) $ ° I ƒ J E / } . - f f = ® ) / ! I $ c„, LLPD NO. 2/ANNEXATION NO. 35 Property Owners: GMAC MODEL HOME FINANCE, INC. APN: 438-050-055 Developer: LENNAR COMMUNITIES annual assessments therein as described in paragraph C. above. Owner further desires and requests that the proceedings to annex into LLPD No. 2 and authorize the levy of such annual assessments be consummated as soon as possible in order to enable the Owner to proceed with the timely development of the Project. E. Article XDID and the Implementation Act require among other things that all new assessments must comply with the provisions of Article XtIID and the Implementation Act. Among the provisions of Article )(DID and the Implementation Act which apply to the levy of new assessments is the requirement that the City Council conduct a public hearing not less than 45 days after mailing a notice of the proposed assessment (the "Notice") to record owners of each parcel upon which a special benefit conferred from the Improvements and upon which an assessment will be levied to finance the maintenance, operation and servicing of such Improvements. Such notice must contain an assessment ballot whereby the record owner may indicate his or her support to or opposition to the proposed assessment (the "Assessment Ballot"). F. Owner acknowledges that as the record owner of the Property Owner has the right to insist that any Notice and Assessment Ballot be mailed to Owner not less than 45 days prior to the date of the public hearing pertaining to the levy of the proposed annual assessment. While Owner acknowledges that Owner has such right, in order to expedite the levy of annual assessments on the Property to finance the maintenance, operation and servicing of the Improvements and thus satisfy the condition of the approval of the Entitlements as described in paragraph C. above, Owner requests that the public hearing referred to in paragraph E. above be held and conducted on April 7, 2005. The Notice and Assessment Ballots will be mailed to the Owner on or before March 31 , 2005, which will be less than 45 days after mailing of the Notice and Assessment Ballot. G. Election Code Section 4000 provides that a special election to authorize the levy of a special tax may be conducted by mail if such an election is held on one of the following established mail ballot election dates (the "Established Mailed Ballot Election Dates"): (a) the first Tuesday after the first Monday in May of each year, (b) the first Tuesday after the first Monday in June of each even-numbered year or (c) the last Tuesday in August of each year. The Act provides, however, that any such special election time limit specified by the Act or requirement pertaining to the conduct of such a special election may be waived with the unanimous consent of the qualified electors and the concurrence of the official conducting the election. As is stated below, it is proposed that such special election (the "Special Election") shall be held on April 7, 2005, a date which will be less than ninety (90) days from the date of the Public Hearing and not on a date specified in Elections Code section 4000. NOW, THEREFORE, in furtherance of the foregoing recitals, the undersigned, acting for and on behalf the Owner, does hereby petition the City Council of the City of San Jacinto and agree as follows: 2 RVPUB\MUM1690723.1 LLPD NO. 2/ANNEXATION NO. 35 Property Owners: GMAC MODEL HOME FINANCE, INC. APN: 438-050-055 Developer: LENNAR COMMUNITIES 1 . In order to satisfy the condition of approval of the Entitlements and to assure the financing of the maintenance, operation, and servicing of the Improvements, the Owner hereby consents to the annexation of the Property of LLPD No. 2 pursuant to the Assessment Law. 2. As the record owner of the Property, Owner hereby waives the notice period required pursuant to the Assessment Law that mandates that the City send the Notice and Assessment Ballot to the record owner of all property proposed to be assessed not less than 45 days prior to the public hearing upon the proposed assessment. Owner waives any protest, complaint or legal action of any nature whatsoever pertaining to the shortening this time period pertaining to the notice of the proposed assessment and the date for conducting such public hearing. 3. By granting the consents and making the waivers contained herein Owner does not waive Owner's right granted pursuant to the Assessment Law to provide written or oral testimony at the public hearing in support of or opposition to the assessment(s) proposed to be levied against the Property or to complete and submit an Assessment Ballot in support of or opposition to such assessment(s). In addition, by granting the consents and making the waivers contained herein Owner does not waive any right that Owner may have to challenge either administratively or in a court of law or equity the validity of any assessment levied or proposed to be levied against the Property. 4. As the record owner of the Property, Owner hereby waives the notice period required pursuant to the Assessment Law that mandates that the City send the Notice and Assessment Ballot to the record owner of all property proposed to be assessed not less than 45 days prior to the public hearing upon the proposed assessment. Owner waives any protest, complaint or legal action of any nature whatsoever pertaining to the shortening this time period pertaining to the notice of the proposed assessment and the date for conducting such public hearing. In addition, Owner waives any right which Owner may have to have the Special Election conducted on a date specified in Elections Code Section 4000. By: Date: o3/3a/ S� Title: 02O-eI P By: Date: Title: 3 RVPUB\MUM\690723.1 LLPD NO. 2/ANNEXATION NO. 35 Property Owners: GMAC MODEL HOME FINANCE, INC. APN: 438-050-055 Developer: LENNAR COMMUNITIES ATTACHMENT A OWNER OF THE PROPERTY The Owner of the Property is: GMAC MODEL HOME FINANCE, INC. A - 1 RVPUB\MUM\690723.1 LLPD NO. 2/ANNEXATION NO. 35 Property Owners: GMAC MODEL HOME FINANCE, INC. APN: 438-050-055 Developer: LENNAR COMMUNITIES ATTACHMENT B DESCRIPTION OF THE PROPERTY Assessor Parcel Number: 438-050-055 B - 1 RVPUB\MUM1690723.1 AGENDA ITEM 413 April 7, 2005 TO: Honorable Mayor and Members of the City Council FROM: City Attorney SUBJECT: Approve and Adopt Resolutions Annexing Property to Landscaping, Lighting and Park District No. 2 (LLPD No. 2) of the City of San Jacinto — Annexation No. 36 (Lennar Homes — Tract No. 30660) (LLPD No. 2, Annexation No. 36) RECOMMENDATION: 1. By motion, approve and adopt the following Resolutions: a. Resolution No. Initiating Proceedings for the Annexation of Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 36") b. Resolution No. Approving the Engineer's Report for the Annexation of Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 36"). c. Resolution No. Declaring Intention to Annex Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 36"). 2. Conduct Public Hearing and at the conclusion of the public hearing if the City Council determines that a majority protest does not exist, by motion, approve and adopt the following Resolution: a. Resolution No. Ordering Annexation of Territory to Landscaping, Lighting and Park District No. 2 and Levying Assessments ("Annexation No. 36"). Approvals City Manager. Finance Director. /6% BACKGROUND: In connection with the development of property owned by GMAC Model Home Finance Inc. in the City of San Jacinto, County of Riverside (Tract No. 30660), the City has required that the property be annexed to LLPD No. 2 to finance the cost of maintaining and servicing various improvements that will benefit the property within that development. The property proposed to be annexed to the district will receive the special benefit of the improvements and will be assessed to pay the costs of installation, operation, maintenance and/or servicing of street lights, traffic signals, landscaped areas, municipal parks, drainage facilities, graffiti removal and incidental expenses of the assessment district. Staff is recommending that the City Council take all action that is necessary to annex the property to LLPD No. 2 during the City Council meeting on April 7, 2005. The owners of the property proposed to be annexed to LLPD No. 2 have waived all notice requirements pertaining to these annexation proceedings and have agreed to conduct the public hearing on any date deemed advisable by the City Council. The first step is to adopt the Resolution Initiating Proceedings, which initiates the annexation process by ordering the Engineer of Record, GFB-Friedrich & Associates, Inc. , to prepare the Engineer's Report, describing in detail the improvements to be financed by the assessment district, the estimated cost of such improvements and the special benefits that the property within the assessment district will receive. The next step in the annexation proceedings is to adopt a resolution approving the Engineer's Report and a resolution declaring the City Council's intention to annex the property to LLPD No. 2. The resolution of intention also schedules the public hearing on the annexation and the levy of the assessments upon the property proposed to be annexed to the District for April 7, 2005. The purpose of the public hearing is to hear testimony from any interested persons and to consider objections or protests, if any, to the proposed assessments. As required by the Act, notices and assessment ballots have been mailed to the record owner of the property proposed to be annexed to the District with instructions to vote and return the ballot to the City before the conclusion of the public hearing on April 7, 2005. At the conclusion of the public hearing, the City Council should direct the City Clerk to tally the assessment ballots submitted and to determine whether a majority protest exists. A majority protest exists if assessment ballots submitted in opposition to the proposed assessments exceed assessment ballots submitted in favor of the proposed assessments. If a majority protest exists, the City may not annex the property to the District or levy the assessments. If a majority protest does not exist, the City Council may proceed with the recommended action described above. If annexed, the District would finance the cost of maintaining and servicing various improvements that will benefit the property proposed to be Page 2 of 3 annexed to the District, including street lights, traffic signals, landscaping, drainage facilities and graffiti removal. JUSTIFICATION : The adoptions of the resolutions are required to annex the territory into the District. BUDGETARY IMPACT: No cost is attributed to this action. ATTACHMENTS: Resolution Nos. and Page 3 of 3 STATE OF CALIFORNIA ) RESOLUTION NO. COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO INITIATING PROCEEDINGS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR THE ANNEXATION OF PROPERTY (COMMONLY KNOWN AS LENNAR HOMES, TRACT NO. 30660) TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2) ANNEXATION NO. 36 AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT (LLPD NO. 2 ANNEXATION NO. 36) WHEREAS, it has been determined by the City Council ("City Council") of the City of San Jacinto ("City") that the public interest, convenience and necessity require the installation, operation, maintenance and/or servicing of street lights, traffic signals, graffiti removal, landscape, drainage facilities and any improvements appurtenant thereto, as set forth in Section 22525 of the California Streets and Highways Code; and WHEREAS, the City Council has determined that, to finance such facilities and the maintenance and servicing thereof, certain property that will receive benefit from the maintenance and servicing of such facilities should be annexed to existing Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District"); and WHEREAS, the proceedings for the annexation of such property to the District are authorized by and will be conducted pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the California Streets and Highways Code; and WHEREAS, the City Council has also determined that proceedings for the levy of assessments on such property to pay the costs of the maintenance and servicing of such facilities during fiscal year 2005-06 should also be conducted pursuant to Chapter 3 (commencing with Section 22620) of Part 2 of Division 15 of the California Streets and Highways Code. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: SECTION 1 . The City Council proposes to annex certain property to the District pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 25000) of Division 15 of the California Streets and Highways Code. Page 1 of 3 SECTION 2. Improvements. The Improvements which shall be provided for the property proposed to be annexed to the District by and through the assessments levied annually thereon shall include the following: (a) the installation or construction of public lighting, facilities, including, but not limited to, street lights; (b) the installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands; (c) the installation or construction of park or recreational facilities; (d) the installation or construction of any facilities which are appurtenant to any improvements listed in (a) through (d) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, irrigation, drainage, and electrical facilities; and (e) the maintenance and servicing of any of the foregoing. SECTION 3. The property to be specifically charged for the maintenance and servicing of such improvements shall include all of the land located within Tract No. 30660, in the City of San Jacinto, County of Riverside, and shall be designated "Annexation No. 36 to Landscaping, Lighting and Park District No. 2". SECTION 4. The property described in Exhibit "A" which is proposed to be included within the proposed boundaries of Annexation No. 36 to the District may be presently included in Landscaping, Lighting and Park District No. 1 of the City of San Jacinto. Upon the completion of proceedings for the annexation of such property to the District it shall be detached from such other district. SECTION 5. GFB-Friedrich and Associates, Inc. , the District's engineer ("Engineer"), is ordered to prepare and file a report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of Part 2 of Division 15 of the California Streets and Highways Code with respect to the annexation of the property described in Section 3 hereof to the District and the levy of assessments on such property to pay the costs of the maintenance and servicing of the improvements described in Page 2 of 3 Section 2 hereof during fiscal year 2005-06. Upon completion, the Engineer shall file said report with the City Clerk of the City Council for submission to the City Council. ADOPTED, SIGNED AND APPROVED this 7th day of April, 2005, by the following vote: Ayes: Nays: Absent: Abstained: City of San Jacinto By, Chris Carlson Buydos, Mayor ATTEST: Dorothy L. Chouinard, City Clerk, APPROVED AS TO FORM : City Attorney, City of San Jacinto Best, Best & Krieger, LLP Page 3 of 3 EXHIBIT A Annexation No. 36 to Landscaping, Lighting and Park District No. 2 Legal Description Assessor Parcel Number: 438-050-051 Page A-1 STATE OF CALIFORNIA ) RESOLUTION NO. COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO APPROVING ENGINEER'S REPORT FOR THE ANNEXATION OF PROPERTY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2) OF THE CITY OF SAN JACINTO (COMMONLY KNOWN AS LENNAR HOMES, TRACT NO. 30660) (LLPD NO. 2, ANNEXATION NO. 36) WHEREAS, on April 7, 2005, the City Council of the City of San Jacinto ("City Council" ), adopted Resolution No. initiating proceedings for the annexation of property to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District") and ordered GFB - Friedrich and Associates Inc. , the Engineer of Record, to prepare and file a report in accordance with Section 22565 of the California Streets and Highways Code ("Code"); and WHEREAS, the Engineer of Record has filed with the City Clerk its report ("Engineer's Report") containing the matters specified in Section 22565 through 22574 of the Code; and WHEREAS, the Engineers Report has been duly presented by the City Clerk to the City Council for consideration and has been fully considered by the City Council, and this City Council finds that each and every part of the Engineers Report is sufficient, and that no portion of the report requires or should be modified in any respect. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto, as follows: SECTION 1 . The Engineers estimate of the itemized costs and expenses of the installation, operation, maintenance and/or servicing of street lights, traffic signals, graffiti removal, landscaping, drainage facilities and any improvements appurtenant thereto and the incidental expenses in connection therewith, contained in the Engineer's Report shall be, and each of them are hereby, preliminarily approved and confirmed. SECTION 2. The diagrams showing the property proposed to be annexed to the District referred to and described in the Engineers Report and the boundaries of the property proposed to be annexed to said District as the same existed at the time of Page 1 of 2 passage of Resolution No. , are hereby preliminarily approved and confirmed. SECTION 3. The proposed assessments upon the property proposed to be annexed to the District are in proportion to the estimated benefit to be received by said property, respectively, from said improvements and of the incidental expenses thereof, as contained in the Engineer's Report. SECTION 4. Said Report shall stand as the Engineer's Report for the purposes of all subsequent proceedings for Annexation No. 36 to the District. SECTION 5. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. ADOPTED, SIGNED AND APPROVED this 7th day of April , 2005, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By, Chris Carlson Buydos, Mayor ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM : City Attorney, City of San Jacinto Best, Best & Krieger, LLP. Page 2 of 2 ENGINEER'S REPORT Annexation No. 36: CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Preliminary Date: April 7, 2005 Confirmed Date: April 7, 2005 INTRODUCTION Pursuant to the order of the City Council of the City of San Jacinto , this report is prepared in compliance with the requirements of Article 4, Chapter 1 , Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the Annexation No . 36 to the district known as LANDSCAPING, LIGHTING AND PARK DISTRICT NO . 2 in the CITY OF SAN JACINTO (hereinafter referred to as "District") . This District, by special benefit assessments , provides funding for the installation, operation, maintenance and servicing of street lights and traffic signals ; the installation, maintenance and servicing of landscaped areas (parkways , medians, open space, detention/retention basins , etc.) ; the installation, operation, maintenance and servicing of municipal parks; the installation, operation, maintenance and servicing of drainage facilities; and graffiti removal from horizontal and vertical surfaces which are appurtenant to the above items ; all of which are located in public rights-of-way or easements in the District. Reference is hereby made to the: ENGINEER'S REPORT Formation of CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Fiscal Year 2002-2003 , that was confirmed on April 4, 2002, and is hereinafter referred to as the "Master Engineer' s Report, " which is hereby incorporated herein as though set forth in full. BOUNDARIES OF DISTRICT The proposed boundary of Annexation No . 36 to the District is completely within the City Limits of the City of San Jacinto and is shown on the Boundary Map (attached hereto as Exhibit "A" and incorporated herein by reference and on file in the office of the City Clerk at the San Jacinto City Hall) . Exhibit "A" serves as the Assessment Diagram for Zone 36 of the District and a copy of said Exhibit "A" may be found in the Appendix to this Report. The boundary includes the parcels of land that are located in the vicinity of street lighting, landscaping, drainage and/or park improvements that were , or soon will be, installed as a condition of approval of a land development project; the operation and maintenance of which will be funded by this assessment district. All parcels of real property included within the District are described in detail on maps on file in the Riverside County Assessor' s office or by a tract and parcel number legal description. Zones The 1972 Act provides for areas within a district to be classified into different zones . Annexation No . 36 to Landscaping, Lighting and Park District No . 2 is comprised of a single zone. The costs of the installation, operation, maintenance and servicing of the various improvements and facilities within this zone will be separately determined, and incidental costs will be prorated by the number of lots and added to determine the total cost. This zone is comprised of Tract No. 30660, and is designated as Zone 36. Future annexations will be assigned Zone designations ; e. g. Zone 37, Zone 38 , Zone 38A, Zone 39, etc. , as appropriate . IMPROVEMENTS The authorized facilities and items of servicing and maintenance are described in the "Master Engineer's Report. " Said description is included within this report by reference. A copy of said " Master Engineer's Report" is on file in the Office of the City Clerk of the City of San Jacinto and may be reviewed, or a copy obtained, at City Hall during normal business hours . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Zone 36 Improvements The improvements included in Zone 36 to be installed, operated, serviced, and maintained are street lighting and traffic signals ; parkway and detention basin landscaping; and drainage facilities (pipe, catch basins , junction structures , retention/detention basins and drainage pumps) . Also included is graffiti removal . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Plans and Specifications The plans and specifications showing and describing the general nature, location and extent of the improvements to be operated and maintained within Annexation No . 36 are on file in the office of the City Clerk and are incorporated herein by reference . FINANCIAL ANALYSIS The estimated annual cost requirements for Zone 36, for the improvements described in the "Improvements" section of this report, are summarized in Exhibit "B, " attached hereto and incorporated herein by reference, in the Appendix to this report. Estimated costs are shown for each improvement or facility , and for incidental costs to be funded by the District. LLPD No. 2 - Engineer's Report 2 Annexation No. 36 Notes: 1 . Incidental Costs are prorated in proportion to the respective servicing and maintenance costs for each facility or improvement. Future annexations will be treated in a similar manner. METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the total assessments among all assessable lots or parcels in proportion to the estimated special benefit to be received by each lot or parcel from the improvements . Said method is described in the "Master Engineer's Report" and is included within this report by reference. A copy of said " Master Engineer's Report" is on file in the Office of the City Clerk of the City of San Jacinto and may be reviewed, or a copy obtained, at City Hall during normal business hours . ASSESSMENT FORMULA The basic formula used to calculate the amount allocated to each lot or parcel within the District for each type of improvement or facility is described in the "Master Engineer's Report. " Said formula, including but not limited to , the table entitled " ASSESSMENT FORMULA USING ASSESSMENT UNIT (AU) METHOD , " and subsections entitled Special Benefit Analysis, Street Classification and corresponding General Benefit ( %) , and Assessment of Public Property is included within this report by reference . LIMITATION ON INCREASE OF ANNUAL ASSESSMENT The City Council intends to increase assessments, on an annual basis when necessary, in accordance with the Consumer Price Index for all Urban Consumers for the Los Angeles- Anaheim-Riverside area, published by the United States Department of Labor, Bureau of Labor Statistics ; provided however, that any such annual increase shall not exceed seven and one-half percent (7 .5 %) . The current Southern California telephone number for the Consumer Price Index (CPI) Hotline is (310) 235-6884 . ASSESSMENT SPREAD The individual Zone 36 assessments , tabulated by Assessor' s Parcel Number or other form of identification, are shown on the Assessment Spread on file in the Office of the City Clerk of the City of San Jacinto and attached hereto as Exhibit " C . " The total annual cost of the improvements described in the "Improvements " section of the report for Annexation No . 36 is estimated to be $35 ,599 .20. The maximum annual assessment per Assessment Unit (AU - also equivalent to one single-family dwelling unit) for the 2005-2006 fiscal year is $423 . 80 per lot in Tract No . 30660 (84 residential lots) . LLPD No. 2 - Engineer's Report 3 Annexation No. 36 4 / d ., 4.( P /FO a : -F • Ei CH ASSOC . , INC. Z �' �cHN A. FRIEDRICH, P. E. O C� Z ' No. C27861 ASSESSMENT ENGINEER * Exp. 3/31 /06 4. 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COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO DECLARING INTENTION TO ANNEX PROPERTY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2), TO LEVY AND COLLECT ASSESSMENTS ON SUCH PROPERTY FOR FISCAL YEAR 2005-06 AND PROVIDING NOTICE OF TIME AND PLACE OF A HEARING ON THE PROPOSED ANNEXATION AND THE PROPOSED ASSESSMENTS, DETERMINING DURATION OF SUCH ASSESSMENTS AND ANNUAL INCREASES IN AMOUNTS THEREOF AND PROVIDING FOR ELECTION THEREON FOR THE PROPERTY (COMMONLY KNOWN AS LENNAR HOMES, TRACT NO. 30660) (LLPD NO. 2, ANNEXATION NO. 36) WHEREAS, the City Council ("City Council") of the City of San Jacinto ("City") has initiated proceedings for the annexation of certain property to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District"), pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code ("Act"), for the installation, operation, maintenance and/or servicing of street lights, traffic signals, graffiti removal, landscaping, drainage facilities and any improvements appurtenant thereto as provided in Section 22525 of the California Streets and Highways Code; and WHEREAS, as ordered by the City Council, GFB - Friedrich and Associates, Inc. has filed with the City Clerk a report regarding the assessments which are proposed to be levied and collected from the owners of assessable property within the District to pay the costs of the installation, operation, maintenance and servicing of street lighting, traffic signals, graffiti removal and improvements appurtenant thereto, and that report has been presented to and considered by the City Council; and WHEREAS, upon the annexation of such property to the District, and to the extent such property is included within Landscaping, Lighting and Park District No. 1 and the assessments levied thereby finance the such improvements provided by the District, it should be detached from Landscaping, Lighting and Park District No. 1 . WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to Section 22587 of the Streets and Highways Code to, among other things, fix and give notice of the time and place of a public hearing on said report, the proposed annexation of such property to the District and the proposed assessments. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: Page 1 of 6 SECTION 1 . Findings. The City Council of the City of San Jacinto finds that: (a) The foregoing recitals are true and correct; (b) The report of GFB - Friedrich and Associates, Inc. (the "Report') contains all matters required by Sections 22565 through 22574 of the Streets and Highways Code and may, therefore, be approved by the City Council; (c) The assessments, which are proposed to be levied for fiscal year 2005-06 on all parcels of assessable property that are proposed to be annexed to Landscaping, Lighting and Park District No. 2, are based on special benefit conferred upon each such parcel from the payment of the cost of the installation, operation, maintenance and/or servicing of street lighting, traffic signals, graffiti removal, landscaping, drainage facilities and appurtenant improvements; (d) The proportionate special benefit derived by each such parcel has been determined in relationship to the entirety of the capital cost of the installation, operation, maintenance and servicing of street lighting, traffic signals, graffiti removal , landscaping, drainage facilities and appurtenant improvements; and (e) The amount of the assessment which is proposed to be assessed on each such parcel is based upon and will not exceed the reasonable cost of the proportional special benefit conferred on that parcel. SECTION 2. Intention. The City Council declares that it intends to annex the property described in Section 4 to the District, to detach such property from Landscaping, Lighting and Park District No. 1 , and to levy assessments on all lots and parcels of assessable property which are proposed to be annexed to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto for fiscal year 2005-06 in the amount set forth in the Report. Such assessments will be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments. Page 2of6 SECTION 3. Improvements. The Improvements which shall be provided for the property proposed to be annexed to the District by and through the assessments levied annually thereon shall include the following: (a) the installation or construction of public lighting, facilities, including, but not limited to, street lights; (b) the installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands; (c) the installation or construction of park or recreational facilities; (d) the installation or construction of any facilities which are appurtenant to any improvements listed in (a) through (d) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, irrigation, drainage, and electrical facilities; and (e) the maintenance and servicing of any of the foregoing. • SECTION 4. Annexation to Assessment District. The distinctive designation of the annexation is "Annexation No. 36 to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto." The property which is proposed to be annexed to the District and which comprises Annexation No. 36 is all the property which is identified by Riverside County Assessor's Parcel Numbers 438-050-051 . Upon the completion of the annexation proceedings, the property which comprises Annexation No. 36 will be designated as Zone 36 of the District ("Zone 36"). The boundaries of Annexation No. 36 or Zone 36 are further described and shown in the Report. The territory included within Zone 36 is generally located in the City of San Jacinto, County of Riverside. Upon completion of the annexation proceedings, such territory shall be detached from existing Landscaping, Lighting and Park District No. 1 . SECTION 5. Report and Assessments. The Report, which is on file with the City Clerk of the City Council, and which has been presented to the City Council at the meeting at which this resolution is adopted, is approved. Reference is made to the Report for a full and detailed description of the Page 3 of 6 Improvements, the boundaries of Annexation No. 36 and the assessments which are proposed to be levied on the assessable lots and parcels of property within Zone 36 for fiscal year 2005-06. SECTION 6. Duration of Assessments and Inflation Increases and Election Thereon. The assessments shall be levied on all parcels of assessable property within Annexation No. 36 or Zone 36 of the District, as identified in the Report, so long as the assessments are necessary to finance the Improvements specified in Section 3 and the maintenance and servicing thereof. The assessment amounts contained in the Report shall be subject to an annual adjustment or increase in an amount equal to the percentage increase in the Consumer Price Index — All Urban Consumers for the Los Angeles — Anaheim — Riverside Area; provided however that the amount of the assessment to be levied on any assessable parcel in any fiscal year shall not be increased by more than seven and one—half percent (7.5%), and the amount of the assessment to be levied on any parcel in any fiscal year shall not in any event exceed the actual total cost of the proportional special benefit conferred on that parcel . The assessment ballots, which are to be mailed to the owners of assessable parcels of property in Annexation No. 36 or Zone 36, as provided in Section 8 hereof, shall clearly indicate that the property owners are voting on the duration of and annual increases in the amount of the assessments as specified above. SECTION 7. Hearing. The time and place of the hearing required by Section 22587 through 22594 of the Streets and Highways Code concerning the proposed annexation of the property described in Section 4 hereof to the District, the proposed detachment from Landscaping, Lighting and Park District No. 1 , and the assessments which are proposed to be levied for fiscal year 2005-06 is set for 7:00 p.m. on April 7, 2005, at the San Jacinto Unified School District Board Room, located at 2045 S. San Jacinto Avenue, San Jacinto, California. SECTION 8. Notice of Hearing and Ballots. The City Clerk of the City Council shall mail notice of the proposed annexation and the proposed assessments and of the time and place of the public hearing, as specified in Section 7 hereof, to the record owner of each assessable parcel of property identified in the Report. Such notice shall specify the total amount of the assessment chargeable to all the property within Annexation Page 4 of 6 No. 36 or Zone 36 to Landscaping, Lighting and Park District No. 2, the amount chargeable to each owner's particular parcel, the duration of the assessments, the reason for the assessments and the basis upon which the amount of the proposed assessments was calculated, together with the date, time and location of the public hearing on the proposed assessments as specified in Section 7 hereof. The notice shall include, in a conspicuous place, thereon, a summary of the procedures applicable to the completion, return and tabulation of the assessment ballots, which will accompany the notice and shall include a statement that the existence of a majority protest will result in the assessments not being levied, and that a majority protest will exist if, upon the conclusion of the hearing, ballots submitted in opposition to the assessments exceed the ballots submitted in favor of the assessments. Each such notice mailed to owners of identified parcels within Annexation No. 36 or Zone 36 to Landscaping, Lighting and Park District No. 2 shall contain a ballot which includes the City's address for receipt of any ballot when completed by any owner receiving such notice whereby each such owner may indicate his or her name, reasonable identification of the parcel and support or opposition to the proposed assessments. SECTION 9. That the Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. ADOPTED, SIGNED AND APPROVED this 7th day of April, 2005, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By: Chris Carlson Buydos Page 5 of 6 ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM : City Attorney, City of San Jacinto Best, Best & Krieger, LLP. Page 6of6 STATE OF CALIFORNIA ) RESOLUTION NO. COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ORDERING THE ANNEXATION OF TERRITORY (COMMONLY KNOWN AS LENNAR HOMES, TRACT NO. 30660) TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2) AND LEVYING ASSESSMENTS FOR FISCAL YEAR 2005-06 (LLPD NO. 2, ANNEXATION NO. 36) WHEREAS, on April 7, 2005, the City Council ("City Council") of the City of San Jacinto ("City") adopted Resolution No. declaring its intention to annex certain territory to Landscaping, Lighting and Park District No. 2 ("Assessment District"), which was designated for purposes of such proceedings as "Annexation No. 36" and "Zone 36," and scheduling a public hearing thereon; and WHEREAS, by Resolution No. , the City Council approved the report of GFB-Friedrich and Associates, Inc. , the Engineer of Record ("Report") which contained, among other matters, the proposed assessments to be levied for fiscal year 2005-06 upon assessable lots and parcels of land within the territory which comprises Annexation No. 36 to and Zone 36 of the Assessment District; and WHEREAS, pursuant to Section 53753 of the Government Code, notice of the proposed annexation and the proposed assessments and of the time and place of the public hearing thereon was mailed to the record owner of each parcel of property identified in the Report and further directed that each such mailed notice contain an assessment ballot upon which the property owner could indicate his or her support or opposition to the proposed assessments; and WHEREAS, the City Council has conducted the public hearing with respect to the annexation of the territory proposed to be annexed to the Assessment District and has received a report from the City Clerk regarding the tabulation of the assessment ballots submitted, and not withdrawn, in support of or opposition to the proposed assessments advising that the ballots which were received were voted in favor of the proposed assessments and that a majority protest does not therefore exist; and WHEREAS, by Resolution No. , the City Council determined that upon the annexation of such property to the Assessment District it should be detached from Landscaping, Lighting and Park District No. 1 to the extent the assessments levied thereby finance the same improvements provided for by the Assessment District. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: Page 1 of 5 SECTION 1 . Findings. The findings recited in the preceding paragraphs are true and correct. SECTION 2. Assessment District. The Assessment District is Landscaping, Lighting and Park District No. 2 of the City of San Jacinto. The territory which is proposed to be annexed to the Assessment District and which comprises Annexation No. 36 is described in the Report and includes all of the property located within Tract No. 30660 in the City of San Jacinto, County of Riverside. SECTION 3. Improvements. The Improvements which shall be provided for the property proposed to be annexed to the District by and through the assessments levied annually thereon shall include the following: (a) the installation or construction of public lighting, facilities, including, but not limited to, street lights; (b) the installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands; (c) the installation or construction of park or recreational facilities; (d) the installation or construction of any facilities which are appurtenant to any improvements listed in (a) through (d) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, irrigation, drainage, and electrical facilities; and (e) the maintenance and servicing of any of the foregoing. SECTION 4. Annexation; Designation of Zone; Detachment. The territory comprising Annexation No. 36, as described in Section 2 hereof, is annexed to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto. The diagram of the Assessment District, as modified to include Annexation No. 36 and as contained in the Report, is confirmed. Such annexed territory is designated as Zone 36 of the Assessment District. The territory comprising Annexation No. 36 and Zone 36 of the Assessment District shall be and is detached from Landscaping, Lighting and Park District No. 1 of the City of San Jacinto. Page 2 of 5 SECTION 5. Levy of Assessments; Annual Increases; Duration. The assessments proposed to be levied on the lots and parcels within Zone 36 of the Assessment District for fiscal year 2005-06 in the amounts set forth in the Report and in the assessment ballot mailed to and returned by the owners of the property comprising Annexation No. 36 shall be and are confirmed and levied. Pursuant to Section 6 of Resolution No. , and as specified in such ballot, the annual amount of the assessment to be levied on each parcel of property in Zone 36 of the Assessment District shall be subject to an annual adjustment or increase in an amount equal to the percentage increase in the Consumer Price Index-All Urban Consumers for Los Angeles - Anaheim - Riverside Area; provided, however, that the amount of the assessment to be levied on any parcel in any fiscal year shall not be increased by more than seven and one-half percent (7.5%) and the amount of the assessment to be levied on any parcel in any fiscal year shall not, in any event, exceed the actual total cost of the proportional special benefit conferred on that parcel. The assessments shall be levied annually on assessable lots and parcels of property in Zone 36 so long as the assessments are necessary to finance the cost of the operation, maintenance and servicing of the improvements specified in Section 3 within and for Zone 36. SECTION 6. Filing With the County Auditor. The City Clerk shall cause the diagram and assessment as confirmed and levied hereby to be filed with the County Auditor of the County of Riverside as required by Section 22641 of the Streets and Highways Code. SECTION 7. That the Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. Page 3 of 5 ADOPTED, SIGNED AND APPROVED this 7th day of April, 2005, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By: Chris Carlson Buydos, Mayor ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: City Attorney, City of San Jacinto Best, Best & Krieger, LLP. Page 4 of 5 Certificate of Election Official and Statement of Votes Cast STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF SAN JACINTO ) The undersigned, ELECTION OFFICIAL OF THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 SPECIAL ELECTION ANNEXATION NO. 36 in the City, held on April 7, 2005. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto for or against the Measure are full, true and correct. VOTES CAST ON PROPOSITION 1 : YES NO WITNESS my hand this day of April, 2005 Dorothy L. Chouinard, City Clerk City of San Jacinto Page 5 of 5 LLPD NO. 2/ANNEXATION NO. 36 Property Owner: GMAC MODEL HOME FINANCE, INC. APN(s): 438-050-05I Developer: LENNAR COMMUNITIES ASSESSMENT BALLOT ASSESSMENTS FOR FISCAL YEAR 2005-06 FOR ANNEXATION NO. 36 (ZONE 36) OF LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 OF THE CITY OF SAN JACINTO To be voted, this ballot must be returned to the City Clerk of the City of San Jacinto prior to the conclusion of the public hearing which is to be held at 7:00 p.m. on April 7, 2005, in the San Jacinto Unified School District Board Room located at 2045 South San Jacinto Avenue, San Jacinto, California. In order to vote this ballot, you must indicate your support for or opposition to the following proposition by placing a "+" in the appropriate box, insert the name(s) of the property owner(s) and the street address or County Assessor's parcel number of your property in the appropriate blanks, and sign the ballot. PROPOSITION: Shall assessments be levied on SUPPORT certain parcels of property in Landscaping, Lighting and Park District No. 2 of the City of San Jacinto identified as Annexation No. 36 and Zone 36 for OPPOSE fiscal year 2005-06 in the amount of $35,599.20 for the parcel(s) identified below, and shall the amount of such assessments to be levied in future fiscal years be subject to increase by the percentage increase in the Consumer Price Index for all Urban Consumers for the Los Angeles-Anaheim-Riverside area provided that such annual increase does not exceed seven and one-half percent (7 %2%) in any fiscal year? Lennar Homes of California signing on behalf of GMAC GMAC MODEL HOME FINANCE, INC. BY: , . ITS : P, P ASSESSOR'S PARCEL NUMBER: 438-050-051 RVPUB\MUM\690731 .1 LLPD NO. 2/ANNEXATION NO. 36 Property Owners: GMAC MODEL HOME FINANCE, INC. APN: 438-050-051 Developer: LENNAR COMMUNITIES RETURN TO CITY CLERK NO LATER THAN THURSDAY, MARCH 31 , 2005 BY 5 :00 P.M. CONSENT AND WAIVER THIS CONSENT AND WAIVER OF OWNER IS ADDRESSED TO THE CITY COUNCIL OF THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND CONSENTS TO THE INITIATION OF PROCEEDINGS TO CONSIDER THE ANNEXATION OF PROPERTY TO A LANDSCAPE MAINTENANCE DISTRICT PURSUANT TO THE "LANDSCAPING AND LIGHTING ACT OF 1972" BEING PART 2 OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA TO INCLUDE PROPERTY OWNED BY OWNER AND FURTHER CONSENTS TO AND WAIVES CERTAIN RIGHTS REGARDING THE SHORTENING OF TIME FOR CONDUCTING A PUBLIC HEARING AND ASSESSMENT BALLOT PROCEDURE IN CONJUNCTION THEREWITH. The undersigned hereby represents and warrants that: A. The undersigned is the owner (the "Owner") identified in Attachment A hereto, or the representative of the Owner legally authorized to grant the consents and make the waivers herein for and on behalf of the Owner, of fee title to that certain real property (the "Property") located in the City of San Jacinto, County of Riverside, State of California, (the "City") more particularly described in Attachment B hereto which is incorporated herein by this reference. The undersigned has the legal right to make the representations, grant the consents and warranties and make the agreements as provided for herein for and on behalf of the Owner. B. The City has approved certain land use entitlements (the "Entitlements") to authorize the development of the Property (the "Project"). C. As a condition of approval of the Entitlements, the Property is required to be annexed to Lighting, Landscaping and Park District No. 2 of the City ("LLPD No. 2") to finance the ongoing maintenance, operation and servicing of street lighting, street trees and medians (collectively, the "Improvements"). The City proposes to annex the property LLPD No. 2 pursuant to the Landscaping and Lighting Act of 1972 (California Streets and Highways Code Section 22500 and following) (the "1972 Act") and to authorize the levy of annual assessments within LLPD No. 2 to finance such maintenance, operation and services pursuant to the 1972 Act, Article XIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (California Government Code Section 53750 and following) (the "Implementation Act") (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the "Assessment Law"). D. Owner desires to satisfy the condition of approval of Entitlements through the establishment of LLPD No. 2 and the authorization to annex into LLPD No. 2 and the levy 1 RVPUBIMUM1690724.1 LLPD NO. 2/ANNEXATION NO. 36 Property Owners: GMAC MODEL HOME FINANCE, INC. APN: 438-050-051 Developer: LENNAR COMMUNITIES annual assessments therein as described in paragraph C. above. Owner further desires and requests that the proceedings to annex into LLPD No. 2 and authorize the levy of such annual assessments be consummated as soon as possible in order to enable the Owner to proceed with the timely development of the Project. E. Article X)D and the Implementation Act require among other things that all new assessments must comply with the provisions of Article XIIID and the Implementation Act. Among the provisions of Article MILD and the Implementation Act which apply to the levy of new assessments is the requirement that the City Council conduct a public hearing not less than 45 days after mailing a notice of the proposed assessment (the "Notice") to record owners of each parcel upon which a special benefit conferred from the Improvements and upon which an assessment will be levied to finance the maintenance, operation and servicing of such Improvements. Such notice must contain an assessment ballot whereby the record owner may indicate his or her support to or opposition to the proposed assessment (the "Assessment Ballot"). F. Owner acknowledges that as the record owner of the Property Owner has the right to insist that any Notice and Assessment Ballot be mailed to Owner not less than 45 days prior to the date of the public hearing pertaining to the levy of the proposed annual assessment. While Owner acknowledges that Owner has such right, in order to expedite the levy of annual assessments on the Property to finance the maintenance, operation and servicing of the Improvements and thus satisfy the condition of the approval of the Entitlements as described in paragraph C. above, Owner requests that the public hearing referred to in paragraph E. above be held and conducted on April 7, 2005 . The Notice and Assessment Ballots will be mailed to the Owner on or before March 31 , 2005, which will be less than 45 days after mailing of the Notice and Assessment Ballot. G. Election Code Section 4000 provides that a special election to authorize the levy of a special tax may be conducted by mail if such an election is held on one of the following established mail ballot election dates (the "Established Mailed Ballot Election Dates"): (a) the first Tuesday after the first Monday in May of each year, (b) the first Tuesday after the first Monday in June of each even-numbered year or (c) the last Tuesday in August of each year. The Act provides, however, that any such special election time limit specified by the Act or requirement pertaining to the conduct of such a special election may be waived with the unanimous consent of the qualified electors and the concurrence of the official conducting the election. As is stated below, it is proposed that such special election (the "Special Election") shall be held on April 7, 2005 , a date which will be less than ninety (90) days from the date of the Public Hearing and not on a date specified in Elections Code section 4000. NOW, THEREFORE, in furtherance of the foregoing recitals, the undersigned, acting for and on behalf the Owner, does hereby petition the City Council of the City of San Jacinto and agree as follows: 2 RVPUB\MUM1690724.1 LLPD NO. 2/ANNEXATION NO. 36 Property Owners: GMAC MODEL HOME FINANCE, INC. APN: 438-050-051 Developer: LENNAR COMMUNITIES 1 . In order to satisfy the condition of approval of the Entitlements and to assure the financing of the maintenance, operation, and servicing of the Improvements, the Owner hereby consents to the annexation of the Property of LLPD No. 2 pursuant to the Assessment Law. 2. As the record owner of the Property, Owner hereby waives the notice period required pursuant to the Assessment Law that mandates that the City send the Notice and Assessment Ballot to the record owner of all property proposed to be assessed not less than 45 days prior to the public hearing upon the proposed assessment. Owner waives any protest, complaint or legal action of any nature whatsoever pertaining to the shortening this time period pertaining to the notice of the proposed assessment and the date for conducting such public hearing. 3 . By granting the consents and making the waivers contained herein Owner does not waive Owner's right granted pursuant to the Assessment Law to provide written or oral testimony at the public hearing in support of or opposition to the assessment(s) proposed to be levied against the Property or to complete and submit an Assessment Ballot in support of or opposition to such assessment(s). In addition, by granting the consents and making the waivers contained herein Owner does not waive any right that Owner may have to challenge either administratively or in a court of law or equity the validity of any assessment levied or proposed to be levied against the Property. 4. As the record owner of the Property, Owner hereby waives the notice period required pursuant to the Assessment Law that mandates that the City send the Notice and Assessment Ballot to the record owner of all property proposed to be assessed not less than 45 days prior to the public hearing upon the proposed assessment. Owner waives any protest, complaint or legal action of any nature whatsoever pertaining to the shortening this time period pertaining to the notice of the proposed assessment and the date for conducting such public hearing. In addition, Owner waives any right which Owner may have to have the Special Election condu ed a date specified in Elections Code Section 4000. By: / Date: 1 Title: et,/ co n —re By: Date: Title: 3 RVPUB\MUM1690724.1 LLPD NO. 2/ANNEXATION NO. 36 Property Owners: GMAC MODEL HOME FINANCE, INC. APN: 438-050-051 Developer: LENNAR COMMUNITIES ATTACHMENT A OWNER OF THE PROPERTY The Owner of the Property is: GMAC MODEL HOME FINANCE, INC. A - 1 RVPUBIMUM1690724.I LLPD NO. 2/ANNEXATION NO. 36 Property Owners: GMAC MODEL HOME FINANCE, INC. APN: 438-050-051 Developer: LENNAR COMMUNITIES ATTACHMENT B DESCRIPTION OF THE PROPERTY Assessor Parcel Number: 43 8-050-051 B - 1 RVPUB\MUM\690724.I AGENDA ITEM 4 .� April 7, 2005 TO: Honorable Mayor and Members of the City Council FROM: City Attorney SUBJECT: Approve and Adopt Resolutions Annexing Property to Landscaping, Lighting and Park District No. 2 (LLPD No. 2) of the City of San Jacinto — Annexation No. 37 (Lennar Homes — Tract No. 30661) (LLPD No. 2, Annexation No. 37) RECOMMENDATION: 1. By motion, approve and adopt the following Resolutions: a. Resolution No. Initiating Proceedings for the Annexation of Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 37") b. Resolution No. Approving the Engineer's Report for the Annexation of Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 37"). c. Resolution No. Declaring Intention to Annex Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 37"). 2. Conduct Public Hearing and at the conclusion of the public hearing if the City Council determines that a majority protest does not exist, by motion, approve and adopt the following Resolution: a. Resolution No. Ordering Annexation of Territory to Landscaping, Lighting and Park District No. 2 and Levying Assessments ("Annexation No. 37"). Approvals City Manager. �a Finance Director. BACKGROUND: In connection with the development of property owned by GMAC Model Home Finance Inc. in the City of San Jacinto, County of Riverside (Tract No. 30661 ), the City has required that the property be annexed to LLPD No. 2 to finance the cost of maintaining and servicing various improvements that will benefit the property within that development. The property proposed to be annexed to the district will receive the special benefit of the improvements and will be assessed to pay the costs of installation, operation, maintenance and/or servicing of street lights, traffic signals, landscaped areas, municipal parks, drainage facilities, graffiti removal and incidental expenses of the assessment district. Staff is recommending that the City Council take all action that is necessary to annex the property to LLPD No. 2 during the City Council meeting on April 7, 2005. The owners of the property proposed to be annexed to LLPD No. 2 have waived all notice requirements pertaining to these annexation proceedings and have agreed to conduct the public hearing on any date deemed advisable by the City Council. The first step is to adopt the Resolution Initiating Proceedings, which initiates the annexation process by ordering the Engineer of Record, GFB-Friedrich & Associates, Inc. , to prepare the Engineer's Report, describing in detail the improvements to be financed by the assessment district, the estimated cost of such improvements and the special benefits that the property within the assessment district will receive. The next step in the annexation proceedings is to adopt a resolution approving the Engineer's Report and a resolution declaring the City Council's intention to annex the property to LLPD No. 2. The resolution of intention also schedules the public hearing on the annexation and the levy of the assessments upon the property proposed to be annexed to the District for April 7, 2005. The purpose of the public hearing is to hear testimony from any interested persons and to consider objections or protests, if any, to the proposed assessments. As required by the Act, notices and assessment ballots have been mailed to the record owner of the property proposed to be annexed to the District with instructions to vote and return the ballot to the City before the conclusion of the public hearing on April 7, 2005. At the conclusion of the public hearing, the City Council should direct the City Clerk to tally the assessment ballots submitted and to determine whether a majority protest exists. A majority protest exists if assessment ballots submitted in opposition to the proposed assessments exceed assessment ballots submitted in favor of the proposed assessments. If a majority protest exists, the City may not annex the property to the District or levy the assessments. If a majority protest does not exist, the City Council may proceed with the recommended action described above. If annexed, the District would finance the cost of maintaining and servicing various improvements that will benefit the property proposed to be Page 2 of 3 annexed to the District, including street lights, traffic signals, landscaping, drainage facilities and graffiti removal. JUSTIFICATION : The adoptions of the resolutions are required to annex the territory into the District. BUDGETARY IMPACT: No cost is attributed to this action. ATTACHMENTS: Resolution Nos. and Page 3 of 3 STATE OF CALIFORNIA ) RESOLUTION NO. COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO INITIATING PROCEEDINGS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR THE ANNEXATION OF PROPERTY (COMMONLY KNOWN AS LENNAR HOMES, TRACT NO. 30661 ) TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2) ANNEXATION NO. 37 AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT (LLPD NO. 2 ANNEXATION NO. 37) WHEREAS, it has been determined by the City Council ("City Council") of the City of San Jacinto ("City") that the public interest, convenience and necessity require the installation, operation, maintenance and/or servicing of street lights, traffic signals, graffiti removal, landscape, drainage facilities and any improvements appurtenant thereto, as set forth in Section 22525 of the California Streets and Highways Code; and WHEREAS, the City Council has determined that, to finance such facilities and the maintenance and servicing thereof, certain property that will receive benefit from the maintenance and servicing of such facilities should be annexed to existing Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District"); and WHEREAS, the proceedings for the annexation of such property to the District are authorized by and will be conducted pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the California Streets and Highways Code; and WHEREAS, the City Council has also determined that proceedings for the levy of assessments on such property to pay the costs of the maintenance and servicing of such facilities during fiscal year 2005-06 should also be conducted pursuant to Chapter 3 (commencing with Section 22620) of Part 2 of Division 15 of the California Streets and Highways Code. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: SECTION 1 . The City Council proposes to annex certain property to the District pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 25000) of Division 15 of the California Streets and Highways Code. Page 1 of 3 SECTION 2. Improvements. The Improvements which shall be provided for the property proposed to be annexed to the District by and through the assessments levied annually thereon shall include the following: (a) the installation or construction of public lighting, facilities, including, but not limited to, street lights; (b) the installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands; (c) the installation or construction of park or recreational facilities; (d) the installation or construction of any facilities which are appurtenant to any improvements listed in (a) through (d) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, irrigation, drainage, and electrical facilities; and (e) the maintenance and servicing of any of the foregoing. SECTION 3. The property to be specifically charged for the maintenance and servicing of such improvements shall include all of the land located within Tract No. 30661 , in the City of San Jacinto, County of Riverside, and shall be designated "Annexation No. 37 to Landscaping, Lighting and Park District No. 2". SECTION 4. The property described in Exhibit "A" which is proposed to be included within the proposed boundaries of Annexation No. 37 to the District may be presently included in Landscaping, Lighting and Park District No. 1 of the City of San Jacinto. Upon the completion of proceedings for the annexation of such property to the District it shall be detached from such other district. SECTION 5. GFB-Friedrich and Associates, Inc. , the District's engineer ("Engineer"), is ordered to prepare and file a report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of Part 2 of Division 15 of the California Streets and Highways Code with respect to the annexation of the property described in Section 3 hereof to the District and the levy of assessments on such property to pay the costs of the maintenance and servicing of the improvements described in Page 2 of 3 Section 2 hereof during fiscal year 2005-06. Upon completion, the Engineer shall file said report with the City Clerk of the City Council for submission to the City Council. ADOPTED, SIGNED AND APPROVED this 7th day of April, 2005, by the following vote: Ayes: Nays: Absent: Abstained: City of San Jacinto By, Chris Carlson Buydos, Mayor ATTEST: Dorothy L. Chouinard, City Clerk, APPROVED AS TO FORM : City Attorney, City of San Jacinto Best, Best & Krieger, LLP Page 3of3 EXHIBIT A Annexation No. 37 to Landscaping, Lighting and Park District No. 2 Legal Description Assessor Parcel Number: 438-050-052 Page A-1 STATE OF CALIFORNIA ) RESOLUTION NO. COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO APPROVING ENGINEER'S REPORT FOR THE ANNEXATION OF PROPERTY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2) OF THE CITY OF SAN JACINTO (COMMONLY KNOWN AS LENNAR HOMES, TRACT NO. 30661 ) (LLPD NO. 2, ANNEXATION NO. 37) WHEREAS, on April 7, 2005, the City Council of the City of San Jacinto ("City Council"), adopted Resolution No. initiating proceedings for the annexation of property to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District") and ordered GFB - Friedrich and Associates Inc. , the Engineer of Record, to prepare and file a report in accordance with Section 22565 of the California Streets and Highways Code ("Code"); and WHEREAS, the Engineer of Record has filed with the City Clerk its report ("Engineer's Report") containing the matters specified in Section 22565 through 22574 of the Code; and WHEREAS, the Engineer's Report has been duly presented by the City Clerk to the City Council for consideration and has been fully considered by the City Council, and this City Council finds that each and every part of the Engineer's Report is sufficient, and that no portion of the report requires or should be modified in any respect. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto, as follows: SECTION 1 . The Engineer's estimate of the itemized costs and expenses of the installation, operation, maintenance and/or servicing of street lights, traffic signals, graffiti removal, landscaping, drainage facilities and any improvements appurtenant thereto and the incidental expenses in connection therewith, contained in the Engineer's Report shall be, and each of them are hereby, preliminarily approved and confirmed. SECTION 2. The diagrams showing the property proposed to be annexed to the District referred to and described in the Engineer's Report and the boundaries of the property proposed to be annexed to said District as the same existed at the time of Page 1 of 2 passage of Resolution No. , are hereby preliminarily approved and confirmed. SECTION 3. The proposed assessments upon the property proposed to be annexed to the District are in proportion to the estimated benefit to be received by said property, respectively, from said improvements and of the incidental expenses thereof, as contained in the Engineer's Report. SECTION 4. Said Report shall stand as the Engineer's Report for the purposes of all subsequent proceedings for Annexation No. 37 to the District. SECTION 5. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. ADOPTED, SIGNED AND APPROVED this 7th day of April, 2005, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By, Chris Carlson Buydos, Mayor ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM : City Attorney, City of San Jacinto Best, Best & Krieger, LLP. Page 2of2 ENGINEER'S REPORT Annexation No. 37: CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Preliminary Date: April 7, 2005 Confirmed Date: April 7, 2005 INTRODUCTION Pursuant to the order of the City Council of the City of San Jacinto, this report is prepared in compliance with the requirements of Article 4, Chapter 1 , Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the Annexation No. 37 to the district known as LANDSCAPING, LIGHTING AND PARK DISTRICT NO . 2 in the CITY OF SAN JACINTO (hereinafter referred to as "District") . This District, by special benefit assessments, provides funding for the installation, operation, maintenance and servicing of street lights and traffic signals ; the installation, maintenance and servicing of landscaped areas (parkways, medians , open space, detention/retention basins , etc.); the installation, operation, maintenance and servicing of municipal parks ; the installation, operation, maintenance and servicing of drainage facilities ; and graffiti removal from horizontal and vertical surfaces which are appurtenant to the above items ; all of which are located in public rights-of-way or easements in the District. Reference is hereby made to the: ENGINEER'S REPORT Formation of CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Fiscal Year 2002-2003 , that was confirmed on April 4, 2002, and is hereinafter referred to as the "Master Engineer's Report, " which is hereby incorporated herein as though set forth in full. BOUNDARIES OF DISTRICT The proposed boundary of Annexation No . 37 to the District is completely within the City Limits of the City of San Jacinto and is shown on the Boundary Map (attached hereto as Exhibit "A" and incorporated herein by reference and on file in the office of the City Clerk at the San Jacinto City Hall) . Exhibit "A" serves as the Assessment Diagram for Zone 37 of the District and a copy of said Exhibit " A " may be found in the Appendix to this Report. The boundary includes the parcels of land that are located in the vicinity of street lighting, landscaping, drainage and/or park improvements that were , or soon will be, installed as a condition of approval of a land development project; the operation and maintenance of which will be funded by this assessment district. All parcels of real property included within the District are described in detail on maps on file in the Riverside County Assessor's office or by a tract and parcel number legal description. Zones The 1972 Act provides for areas within a district to be classified into different zones . Annexation No . 37 to Landscaping, Lighting and Park District No . 2 is comprised of a single zone. The costs of the installation, operation, maintenance and servicing of the various improvements and facilities within this zone will be separately determined, and incidental costs will be prorated by the number of lots and added to determine the total cost. This zone is comprised of Tract No. 30661 , and is designated as Zone 37 . Future annexations will be assigned Zone designations; e. g . Zone 38 , Zone 39, Zone 39A, Zone 40, etc. , as appropriate . IMPROVEMENTS The authorized facilities and items of servicing and maintenance are described in the "Master Engineer' s Report. " Said description is included within this report by reference. A copy of said "Master Engineer's Report" is on file in the Office of the City Clerk of the City of San Jacinto and may be reviewed, or a copy obtained, at City Hall during normal business hours. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Zone 37 Improvements The improvements included in Zone 37 to be installed, operated, serviced, and maintained are street lighting and traffic signals; parkway and detention basin landscaping; and drainage facilities (pipe, catch basins , junction structures , retention/detention basins and drainage pumps) . Also included is graffiti removal. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Plans and Specifications The plans and specifications showing and describing the general nature, location and extent of the improvements to be operated and maintained within Annexation No . 37 are on file in the office of the City Clerk and are incorporated herein by reference. FINANCIAL ANALYSIS The estimated annual cost requirements for Zone 37, for the improvements described in the "Improvements" section of this report, are summarized in Exhibit "B , " attached hereto and incorporated herein by reference, in the Appendix to this report. Estimated costs are shown for each improvement or facility , and for incidental costs to be funded by the District. LLPD No. 2 - Engineer's Report 2 Annexation No. 37 Notes : 1 . Incidental Costs are prorated in proportion to the respective servicing and maintenance costs for each facility or improvement. Future annexations will be treated in a similar manner . METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the total assessments among all assessable lots or parcels in proportion to the estimated special benefit to be received by each lot or parcel from the improvements . Said method is described in the "Master Engineer 's Report" and is included within this report by reference . A copy of said " Master Engineer's Report" is on file in the Office of the City Clerk of the City of San Jacinto and may be reviewed, or a copy obtained, at City Hall during normal business hours . ASSESSMENT FORMULA The basic formula used to calculate the amount allocated to each lot or parcel within the District for each type of improvement or facility is described in the "Master Engineer's Report. " Said formula, including but not limited to , the table entitled "ASSESSMENT FORMULA USING ASSESSMENT UNIT (AU) METHOD , " and subsections entitled Special Benefit Analysis , Street Classification and corresponding General Benefit ( %) , and Assessment of Public Property is included within this report by reference. LIMITATION ON INCREASE OF ANNUAL ASSESSMENT The City Council intends to increase assessments, on an annual basis when necessary, in accordance with the Consumer Price Index for all Urban Consumers for the Los Angeles- Anaheim-Riverside area, published by the United States Department of Labor, Bureau of Labor Statistics ; provided however, that any such annual increase shall not exceed seven and one-half percent (7 .5 %) . The current Southern California telephone number for the Consumer Price Index (CPI) Hotline is (310) 235-6884 . ASSESSMENT SPREAD The individual Zone 37 assessments, tabulated by Assessor's Parcel Number or other form of identification, are shown on the Assessment Spread on file in the Office of the City Clerk of the City of San Jacinto and attached hereto as Exhibit "C. " The total annual cost of the improvements described in the "Improvements" section of the report for Annexation No . 37 is estimated to be $20, 161 .44 . The maximum annual assessment per Assessment Unit (AU - also equivalent to one single-family dwelling unit) for the 2005-2006 fiscal year is $428.97 per lot in Tract No. 30661 (47 residential lots) . LLPD No. 2 - Engineer's Report 3 Annexation No. 37 tCA 1iypFESSIp;,� . �/� /r ' FR /F0tte. — 7 E ' RI H • . y 0 OHN A . FRIEDRICH , P. E. No. C27861 ASSESSMENT ENGINEER Ac Exp. 3/31 /06 4. 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COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO DECLARING INTENTION TO ANNEX PROPERTY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2), TO LEVY AND COLLECT ASSESSMENTS ON SUCH PROPERTY FOR FISCAL YEAR 2005-06 AND PROVIDING NOTICE OF TIME AND PLACE OF A HEARING ON THE PROPOSED ANNEXATION AND THE PROPOSED ASSESSMENTS, DETERMINING DURATION OF SUCH ASSESSMENTS AND ANNUAL INCREASES IN AMOUNTS THEREOF AND PROVIDING FOR ELECTION THEREON FOR THE PROPERTY (COMMONLY KNOWN AS LENNAR HOMES, TRACT NO. 30661 ) (LLPD NO. 2, ANNEXATION NO. 37) WHEREAS, the City Council ("City Council") of the City of San Jacinto ("City") has initiated proceedings for the annexation of certain property to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District"), pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code ("Act"), for the installation, operation, maintenance and/or servicing of street lights, traffic signals, graffiti removal , landscaping, drainage facilities and any improvements appurtenant thereto as provided in Section 22525 of the California Streets and Highways Code; and WHEREAS, as ordered by the City Council , GFB - Friedrich and Associates, Inc. has filed with the City Clerk a report regarding the assessments which are proposed to be levied and collected from the owners of assessable property within the District to pay the costs of the installation, operation, maintenance and servicing of street lighting, traffic signals, graffiti removal and improvements appurtenant thereto, and that report has been presented to and considered by the City Council; and WHEREAS, upon the annexation of such property to the District, and to the extent such property is included within Landscaping, Lighting and Park District No. 1 and the assessments levied thereby finance the such improvements provided by the District, it should be detached from Landscaping, Lighting and Park District No. 1 . WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to Section 22587 of the Streets and Highways Code to, among other things, fix and give notice of the time and place of a public hearing on said report, the proposed annexation of such property to the District and the proposed assessments. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: Page 1 of 6 SECTION 1 . Findings. The City Council of the City of San Jacinto finds that: (a) The foregoing recitals are true and correct; (b) The report of GFB - Friedrich and Associates, Inc. (the "Report') contains all matters required by Sections 22565 through 22574 of the Streets and Highways Code and may, therefore, be approved by the City Council; (c) The assessments, which are proposed to be levied for fiscal year 2005-06 on all parcels of assessable property that are proposed to be annexed to Landscaping, Lighting and Park District No. 2, are based on special benefit conferred upon each such parcel from the payment of the cost of the installation, operation, maintenance and/or servicing of street lighting, traffic signals, graffiti removal , landscaping, drainage facilities and appurtenant improvements; (d) The proportionate special benefit derived by each such parcel has been determined in relationship to the entirety of the capital cost of the installation, operation, maintenance and servicing of street lighting, traffic signals, graffiti removal, landscaping, drainage facilities and appurtenant improvements; and (e) The amount of the assessment which is proposed to be assessed on each such parcel is based upon and will not exceed the reasonable cost of the proportional special benefit conferred on that parcel. SECTION 2. Intention. The City Council declares that it intends to annex the property described in Section 4 to the District, to detach such property from Landscaping, Lighting and Park District No. 1 , and to levy assessments on all lots and parcels of assessable property which are proposed to be annexed to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto for fiscal year 2005-06 in the amount set forth in the Report. Such assessments will be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments. Page 2of6 SECTION 3. Improvements. The Improvements which shall be provided for the property proposed to be annexed to the District by and through the assessments levied annually thereon shall include the following: (a) the installation or construction of public lighting, facilities, including, but not limited to, street lights; (b) the installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands; (c) the installation or construction of park or recreational facilities; (d) the installation or construction of any facilities which are appurtenant to any improvements listed in (a) through (d) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, irrigation, drainage, and electrical facilities; and (e) the maintenance and servicing of any of the foregoing. SECTION 4. Annexation to Assessment District. The distinctive designation of the annexation is "Annexation No. 37 to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto." The property which is proposed to be annexed to the District and which comprises Annexation No. 37 is all the property which is identified by Riverside County Assessor's Parcel Numbers 438-050-052. Upon the completion of the annexation proceedings, the property which comprises Annexation No. 37 will be designated as Zone 37 of the District ("Zone 37"). The boundaries of Annexation No. 37 or Zone 37 are further described and shown in the Report. The territory included within Zone 37 is generally located in the City of San Jacinto, County of Riverside. Upon completion of the annexation proceedings, such territory shall be detached from existing Landscaping, Lighting and Park District No. 1 . SECTION 5. Report and Assessments. The Report, which is on file with the City Clerk of the City Council, and which has been presented to the City Council at the meeting at which this resolution is adopted, is approved. Reference is made to the Report for a full and detailed description of the Page 3 of 6 Improvements, the boundaries of Annexation No. 37 and the assessments which are proposed to be levied on the assessable lots and parcels of property within Zone 37 for fiscal year 2005-06. SECTION 6. Duration of Assessments and Inflation Increases and Election Thereon. The assessments shall be levied on all parcels of assessable property within Annexation No. 37 or Zone 37 of the District, as identified in the Report, so long as the assessments are necessary to finance the Improvements specified in Section 3 and the maintenance and servicing thereof The assessment amounts contained in the Report shall be subject to an annual adjustment or increase in an amount equal to the percentage increase in the Consumer Price Index — All Urban Consumers for the Los Angeles — Anaheim — Riverside Area; provided however that the amount of the assessment to be levied on any assessable parcel in any fiscal year shall not be increased by more than seven and one—half percent (7.5%), and the amount of the assessment to be levied on any parcel in any fiscal year shall not in any event exceed the actual total cost of the proportional special benefit conferred on that parcel . The assessment ballots, which are to be mailed to the owners of assessable parcels of property in Annexation No. 37 or Zone 37, as provided in Section 8 hereof, shall clearly indicate that the property owners are voting on the duration of and annual increases in the amount of the assessments as specified above. SECTION 7. Hearing. The time and place of the hearing required by Section 22587 through 22594 of the Streets and Highways Code concerning the proposed annexation of the property described in Section 4 hereof to the District, the proposed detachment from Landscaping, Lighting and Park District No. 1 , and the assessments which are proposed to be levied for fiscal year 2005-06 is set for 7:00 p. m. on April 7, 2005, at the San Jacinto Unified School District Board Room, located at 2045 S. San Jacinto Avenue, San Jacinto, California. SECTION 8. Notice of Hearing and Ballots. The City Clerk of the City Council shall mail notice of the proposed annexation and the proposed assessments and of the time and place of the public hearing, as specified in Section 7 hereof, to the record owner of each assessable parcel of property identified in the Report. Such notice shall specify the total amount of the assessment chargeable to all the property within Annexation Page 4 of 6 No. 37 or Zone 37 to Landscaping, Lighting and Park District No. 2, the amount chargeable to each owner's particular parcel, the duration of the assessments, the reason for the assessments and the basis upon which the amount of the proposed assessments was calculated, together with the date, time and location of the public hearing on the proposed assessments as specified in Section 7 hereof. The notice shall include, in a conspicuous place, thereon, a summary of the procedures applicable to the completion, return and tabulation of the assessment ballots, which will accompany the notice and shall include a statement that the existence of a majority protest will result in the assessments not being levied, and that a majority protest will exist if, upon the conclusion of the hearing, ballots submitted in opposition to the assessments exceed the ballots submitted in favor of the assessments. Each such notice mailed to owners of identified parcels within Annexation No. 37 or Zone 37 to Landscaping, Lighting and Park District No. 2 shall contain a ballot which includes the City's address for receipt of any ballot when completed by any owner receiving such notice whereby each such owner may indicate his or her name, reasonable identification of the parcel and support or opposition to the proposed assessments. SECTION 9. That the Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. ADOPTED, SIGNED AND APPROVED this 7th day of April, 2005, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By: Chris Carlson Buydos Page 5 of 6 ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: City Attorney, City of San Jacinto Best, Best & Krieger, LLP. Page 6 of 6 STATE OF CALIFORNIA ) RESOLUTION NO. COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ORDERING THE ANNEXATION OF TERRITORY (COMMONLY KNOWN AS LENNAR HOMES, TRACT NO. 30661 ) TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2) AND LEVYING ASSESSMENTS FOR FISCAL YEAR 2005-06 (LLPD NO. 2, ANNEXATION NO. 37) WHEREAS, on April 7, 2005, the City Council ("City Council") of the City of San Jacinto ("City") adopted Resolution No. declaring its intention to annex certain territory to Landscaping, Lighting and Park District No. 2 ("Assessment District"), which was designated for purposes of such proceedings as "Annexation No. 37" and "Zone 37," and scheduling a public hearing thereon; and WHEREAS, by Resolution No. , the City Council approved the report of GFB-Friedrich and Associates, Inc. , the Engineer of Record ("Report") which contained, among other matters, the proposed assessments to be levied for fiscal year 2005-06 upon assessable lots and parcels of land within the territory which comprises Annexation No. 37 to and Zone 37 of the Assessment District; and WHEREAS, pursuant to Section 53753 of the Government Code, notice of the proposed annexation and the proposed assessments and of the time and place of the public hearing thereon was mailed to the record owner of each parcel of property identified in the Report and further directed that each such mailed notice contain an assessment ballot upon which the property owner could indicate his or her support or opposition to the proposed assessments; and WHEREAS, the City Council has conducted the public hearing with respect to the annexation of the territory proposed to be annexed to the Assessment District and has received a report from the City Clerk regarding the tabulation of the assessment ballots submitted, and not withdrawn, in support of or opposition to the proposed assessments advising that the ballots which were received were voted in favor of the proposed assessments and that a majority protest does not therefore exist; and WHEREAS, by Resolution No. , the City Council determined that upon the annexation of such property to the Assessment District it should be detached from Landscaping, Lighting and Park District No. 1 to the extent the assessments levied thereby finance the same improvements provided for by the Assessment District. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: Page 1 of 5 SECTION 1 . Findings. The findings recited in the preceding paragraphs are true and correct. SECTION 2. Assessment District. The Assessment District is Landscaping, Lighting and Park District No. 2 of the City of San Jacinto. The territory which is proposed to be annexed to the Assessment District and which comprises Annexation No. 37 is described in the Report and includes all of the property located within Tract No. 30661 in the City of San Jacinto, County of Riverside. SECTION 3. Improvements. The Improvements which shall be provided for the property proposed to be annexed to the District by and through the assessments levied annually thereon shall include the following: (a) the installation or construction of public lighting, facilities, including, but not limited to, street lights; (b) the installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands; (c) the installation or construction of park or recreational facilities; (d) the installation or construction of any facilities which are appurtenant to any improvements listed in (a) through (d) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, irrigation, drainage, and electrical facilities; and (e) the maintenance and servicing of any of the foregoing. SECTION 4. Annexation; Designation of Zone; Detachment. The territory comprising Annexation No. 37, as described in Section 2 hereof, is annexed to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto. The diagram of the Assessment District, as modified to include Annexation No. 37 and as contained in the Report, is confirmed. Such annexed territory is designated as Zone 37 of the Assessment District. The territory comprising Annexation No. 37 and Zone 37 of the Assessment District shall be and is detached from Landscaping, Lighting and Park District No. 1 of the City of San Jacinto. Page 2 of 5 SECTION 5. Levy of Assessments; Annual Increases; Duration. The assessments proposed to be levied on the lots and parcels within Zone 37 of the Assessment District for fiscal year 2005-06 in the amounts set forth in the Report and in the assessment ballot mailed to and returned by the owners of the property comprising Annexation No. 37 shall be and are confirmed and levied. Pursuant to Section 6 of Resolution No. , and as specified in such ballot, the annual amount of the assessment to be levied on each parcel of property in Zone 37 of the Assessment District shall be subject to an annual adjustment or increase in an amount equal to the percentage increase in the Consumer Price Index-All Urban Consumers for Los Angeles - Anaheim - Riverside Area; provided, however, that the amount of the assessment to be levied on any parcel in any fiscal year shall not be increased by more than seven and one-half percent (7.5%) and the amount of the assessment to be levied on any parcel in any fiscal year shall not, in any event, exceed the actual total cost of the proportional special benefit conferred on that parcel . The assessments shall be levied annually on assessable lots and parcels of property in Zone 37 so long as the assessments are necessary to finance the cost of the operation, maintenance and servicing of the improvements specified in Section 3 within and for Zone 37. SECTION 6. Filing With the County Auditor. The City Clerk shall cause the diagram and assessment as confirmed and levied hereby to be filed with the County Auditor of the County of Riverside as required by Section 22641 of the Streets and Highways Code. SECTION 7. That the Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. Page 3 of 5 ADOPTED, SIGNED AND APPROVED this 7th day of April, 2005, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By: Chris Carlson Buydos, Mayor ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM : City Attorney, City of San Jacinto Best, Best & Krieger, LLP. Page 4 of 5 Certificate of Election Official and Statement of Votes Cast STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF SAN JACINTO ) The undersigned, ELECTION OFFICIAL OF THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 SPECIAL ELECTION ANNEXATION NO. 37 in the City, held on April 7, 2005. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto for or against the Measure are full, true and correct. VOTES CAST ON PROPOSITION 1 : YES NO WITNESS my hand this day of April , 2005 Dorothy L. Chouinard, City Clerk City of San Jacinto Page 5of5 LLPD NO. 2/ANNEXATION NO. 37 Property Owner: GMAC MODEL HOME FINANCE, INC. APN(s): 438-050-052 Developer: LENNAR COMMUNmES ASSESSMENT BALLOT ASSESSMENTS FOR FISCAL YEAR 2005-06 FOR ANNEXATION NO. 37 (ZONE 37) OF LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 OF THE CITY OF SAN JACINTO To be voted, this ballot must be returned to the City Clerk of the City of San Jacinto prior to the conclusion of the public hearing which is to be held at 7:00 p.m. on April 7, 2005 , in the San Jacinto Unified School District Board Room located at 2045 South San Jacinto Avenue, San Jacinto, California. In order to vote this ballot, you must indicate your support for or opposition to the following proposition by placing a "+" in the appropriate box, insert the name(s) of the property owner(s) and the street address or County Assessor's parcel number of your property in the appropriate blanks, and sign the ballot. PROPOSITION: Shall assessments be levied on I SUPPORT certain parcels of property in Landscaping, Lighting and Park District No. 2 of the City of San Jacinto OPPOSE identified as Annexation No. 37 and Zone 37 for fiscal year 2005-06 in the amount of $20,161 .44 for the parcel(s) identified below, and shall the amount of such assessments to be levied in future fiscal years be subject to increase by the percentage increase in the Consumer Price Index for all Urban Consumers for the Los Angeles-Anaheim-Riverside area provided that such annual increase does not exceed seven and one-half percent (7 ''/2%) in any fiscal year? Lennar Homes of California signing on behalf of GMAC GMAC MODEL HOME FINANCE, INC. BY: ` r;i ' � /c ITS: V t'CP_ 4P111 - ASSESSOR' S PARCEL NUMBER: 438-050-052 RVP B\MUM1690732.1 LLPD NO. 2/ANNEXATION NO. 37 Property Owners: GMAC MODEL HOME FINANCE, INC. APN: 438-050-052 Developer: LENNAR COMMUNITIES RETURN TO CITY CLERK NO LATER THAN THURSDAY, MARCH 31 , 2005 BY 5 :00 P.M. CONSENT AND WAIVER THIS CONSENT AND WAIVER OF OWNER IS ADDRESSED TO THE CITY COUNCIL OF THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND CONSENTS TO THE INITIATION OF PROCEEDINGS TO CONSIDER THE ANNEXATION OF PROPERTY TO A LANDSCAPE MAINTENANCE DISTRICT PURSUANT TO THE "LANDSCAPING AND LIGHTING ACT OF 1972" BEING PART 2 OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA TO INCLUDE PROPERTY OWNED BY OWNER AND FURTHER CONSENTS TO AND WAIVES CERTAIN RIGHTS REGARDING THE SHORTENING OF TIME FOR CONDUCTING A PUBLIC HEARING AND ASSESSMENT BALLOT PROCEDURE IN CONJUNCTION THEREWITH. The undersigned hereby represents and warrants that: A. The undersigned is the owner (the "Owner") identified in Attachment A hereto, or the representative of the Owner legally authorized to grant the consents and make the waivers herein for and on behalf of the Owner, of fee title to that certain real property (the "Property") located in the City of San Jacinto, County of Riverside, State of California, (the "City") more particularly described in Attachment B hereto which is incorporated herein by this reference. The undersigned has the legal right to make the representations, grant the consents and warranties and make the agreements as provided for herein for and on behalf of the Owner. B. The City has approved certain land use entitlements (the "Entitlements") to authorize the development of the Property (the "Project"). C. As a condition of approval of the Entitlements, the Property is required to be annexed to Lighting, Landscaping and Park District No. 2 of the City ("LLPD No. 2") to finance the ongoing maintenance, operation and servicing of street lighting, street trees and medians (collectively, the "Improvements"). The City proposes to annex the property LLPD No. 2 pursuant to the Landscaping and Lighting Act of 1972 (California Streets and Highways Code Section 22500 and following) (the "1972 Act") and to authorize the levy of annual assessments within LLPD No. 2 to finance such maintenance, operation and services pursuant to the 1972 Act, Article XII D of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (California Government Code Section 53750 and following) (the "Implementation Act") (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the "Assessment Law"). D. Owner desires to satisfy the condition of approval of Entitlements through the establishment of LLPD No. 2 and the authorization to annex into LLPD No. 2 and the levy 1 RVPUB\ MUM1690794.I LLPD NO. 2/ANNEXATION NO. 37 Property Owners: GMAC MODEL HOME FINANCE, INC. APN: 438-050-052 Developer: LENNAR COMMUNITIES annual assessments therein as described in paragraph C. above. Owner further desires and requests that the proceedings to annex into LLPD No. 2 and authorize the levy of such annual assessments be consummated as soon as possible in order to enable the Owner to proceed with the timely development of the Project. E. Article MELD and the Implementation Act require among other things that all new assessments must comply with the provisions of Article MED and the Implementation Act. Among the provisions of Article MID and the Implementation Act which apply to the levy of new assessments is the requirement that the City Council conduct a public hearing not less than 45 days after mailing a notice of the proposed assessment (the "Notice") to record owners of each parcel upon which a special benefit conferred from the Improvements and upon which an assessment will be levied to finance the maintenance, operation and servicing of such Improvements. Such notice must contain an assessment ballot whereby the record owner may indicate his or her support to or opposition to the proposed assessment (the "Assessment Ballot"). F. Owner acknowledges that as the record owner of the Property Owner has the right to insist that any Notice and Assessment Ballot be mailed to Owner not less than 45 days prior to the date of the public hearing pertaining to the levy of the proposed annual assessment. While Owner acknowledges that Owner has such right, in order to expedite the levy of annual assessments on the Property to finance the maintenance, operation and servicing of the Improvements and thus satisfy the condition of the approval of the Entitlements as described in paragraph C. above, Owner requests that the public hearing referred to in paragraph E. above be held and conducted on April 7, 2005. The Notice and Assessment Ballots will be mailed to the Owner on or before March 31 , 2005, which will be less than 45 days after mailing of the Notice and Assessment Ballot. G. Election Code Section 4000 provides that a special election to authorize the levy of a special tax may be conducted by mail if such an election is held on one of the following established mail ballot election dates (the "Established Mailed Ballot Election Dates"): (a) the first Tuesday after the first Monday in May of each year, (b) the first Tuesday after the first Monday in June of each even-numbered year or (c) the last Tuesday in August of each year. The Act provides, however, that any such special election time limit specified by the Act or requirement pertaining to the conduct of such a special election may be waived with the unanimous consent of the qualified electors and the concurrence of the official conducting the election. As is stated below, it is proposed that such special election (the "Special Election") shall be held on April 7, 2005, a date which will be less than ninety (90) days from the date of the Public Hearing and not on a date specified in Elections Code section 4000. NOW, THEREFORE, in furtherance of the foregoing recitals, the undersigned, acting for and on behalf the Owner, does hereby petition the City Council of the City of San Jacinto and agree as follows: 2 RVPUB\MUM\690794.1 LLPD NO. 2/ANNEXATION NO. 37 Property Owners: GMAC MODEL HOME FINANCE, INC. APN: 438-050-052 Developer: LENNAR COMMUNITIES 1 . In order to satisfy the condition of approval of the Entitlements and to assure the financing of the maintenance, operation, and servicing of the Improvements, the Owner hereby consents to the annexation of the Property of LLPD No. 2 pursuant to the Assessment Law. 2. As the record owner of the Property, Owner hereby waives the notice period required pursuant to the Assessment Law that mandates that the City send the Notice and Assessment Ballot to the record owner of all property proposed to be assessed not less than 45 days prior to the public hearing upon the proposed assessment. Owner waives any protest, complaint or legal action of any nature whatsoever pertaining to the shortening this time period pertaining to the notice of the proposed assessment and the date for conducting such public hearing. 3 . By granting the consents and making the waivers contained herein Owner does not waive Owner's right granted pursuant to the Assessment Law to provide written or oral testimony at the public hearing in support of or opposition to the assessment(s) proposed to be levied against the Property or to complete and submit an Assessment Ballot in support of or opposition to such assessment(s). In addition, by granting the consents and making the waivers contained herein Owner does not waive any right that Owner may have to challenge either administratively or in a court of law or equity the validity of any assessment levied or proposed to be levied against the Property. 4. As the record owner of the Property, Owner hereby waives the notice period required pursuant to the Assessment Law that mandates that the City send the Notice and Assessment Ballot to the record owner of all property proposed to be assessed not less than 45 days prior to the public hearing upon the proposed assessment. Owner waives any protest, complaint or legal action of any nature whatsoever pertaining to the shortening this time period pertaining to the notice of the proposed assessment and the date for conducting such public hearing. In addition, Owner waives any right which Owner may have to have the Special Election conducted on a date specified in Elections Code Section 4000. By: Date: ��� Title: fin 0 o R-e'./ 1 r4 f By: Date: Title: 3 RVPUB\MUM1690794.1 LLPD NO. 2/ANNEXATION NO. 37 Property Owners: GMAC MODEL HOME FINANCE, INC. APN: 438-050-052 Developer: LENNAR COMMUNITIES ATTACHMENT A OWNER OF THE PROPERTY The Owner of the Property is: GMAC MODEL HOME FINANCE, INC. A - 1 RVPUBIMUM1690794.1 LLPD NO. 2/ANNEXATION NO. 37 Property Owners: GMAC MODEL HOME FINANCE, INC. APN: 438-050-052 Developer: LENNAR COMMUNITIES ATTACHMENT B DESCRIPTION OF THE PROPERTY Assessor Parcel Number: 438-050-052 B - 1 RVPUB\MUM1690794.1 AGENDA ITEM 4 5 April 7, 2005 TO: Honorable Mayor and Members of the City Council FROM: City Attorney SUBJECT: Approve and Adopt Resolutions Annexing Property to Landscaping, Lighting and Park District No. 2 (LLPD No. 2) of the City of San Jacinto — Annexation No. 38 (Continental Residential, Inc. — Tract No. 31097) (LLPD No. 2, Annexation No. 38) RECOMMENDATION: 1. By motion, approve and adopt the following Resolutions: a. Resolution No. Initiating Proceedings for the Annexation of Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 38") b. Resolution No. Approving the Engineer's Report for the Annexation of Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 38"). c. Resolution No. Declaring Intention to Annex Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 38"). 2. Conduct Public Hearing and at the conclusion of the public hearing if the City Council determines that a majority protest does not exist, by motion, approve and adopt the following Resolution: a. Resolution No. Ordering Annexation of Territory to Landscaping, Lighting and Park District No. 2 and Levying Assessments ("Annexation No. 38"). Approvals City Manager. 114,41 e- . Finance Director. ', BACKGROUND: In connection with the development of property owned by Continental Residential, Inc. in the City of San Jacinto, County of Riverside (Tract No. 31097), the City has required that the property be annexed to LLPD No. 2 to finance the cost of maintaining and servicing various improvements that will benefit the property within that development. The property proposed to be annexed to the district will receive the special benefit of the improvements and will be assessed to pay the costs of installation, operation, maintenance and/or servicing of street lights, traffic signals, landscaped areas, municipal parks, drainage facilities, graffiti removal and incidental expenses of the assessment district. Staff is recommending that the City Council take all action that is necessary to annex the property to LLPD No. 2 during the City Council meeting on April 7, 2005. The owners of the property proposed to be annexed to LLPD No. 2 have waived all notice requirements pertaining to these annexation proceedings and have agreed to conduct the public hearing on any date deemed advisable by the City Council . The first step is to adopt the Resolution Initiating Proceedings, which initiates the annexation process by ordering the Engineer of Record, GFB-Friedrich & Associates, Inc. , to prepare the Engineer's Report, describing in detail the improvements to be financed by the assessment district, the estimated cost of such improvements and the special benefits that the property within the assessment district will receive. The next step in the annexation proceedings is to adopt a resolution approving the Engineer's Report and a resolution declaring the City Council's intention to annex the property to LLPD No. 2. The resolution of intention also schedules the public hearing on the annexation and the levy of the assessments upon the property proposed to be annexed to the District for April 7, 2005. The purpose of the public hearing is to hear testimony from any interested persons and to consider objections or protests, if any, to the proposed assessments. As required by the Act, notices and assessment ballots have been mailed to the record owner of the property proposed to be annexed to the District with instructions to vote and return the ballot to the City before the conclusion of the public hearing on April 7, 2005. At the conclusion of the public hearing, the City Council should direct the City Clerk to tally the assessment ballots submitted and to determine whether a majority protest exists. A majority protest exists if assessment ballots submitted in opposition to the proposed assessments exceed assessment ballots submitted in favor of the proposed assessments. If a majority protest exists, the City may not annex the property to the District or levy the assessments. If a majority protest does not exist, the City Council may proceed with the recommended action described above. If annexed, the District would finance the cost of maintaining and servicing various improvements that will benefit the property proposed to be Page 2of3 annexed to the District, including street lights, traffic signals, landscaping, drainage facilities and graffiti removal . JUSTIFICATION : The adoptions of the resolutions are required to annex the territory into the District. BUDGETARY IMPACT: No cost is attributed to this action. ATTACHMENTS: Resolution Nos. and Page 3 of 3 STATE OF CALIFORNIA ) RESOLUTION NO. COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO INITIATING PROCEEDINGS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR THE ANNEXATION OF PROPERTY (COMMONLY KNOWN AS CONTINENTAL RESIDENTIAL, INC., TRACT NO. 31097) TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2) ANNEXATION NO. 38 AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT (LLPD NO. 2 ANNEXATION NO. 38) WHEREAS, it has been determined by the City Council ("City Council") of the City of San Jacinto ("City") that the public interest, convenience and necessity require the installation, operation, maintenance and/or servicing of street lights, traffic signals, graffiti removal, landscape, drainage facilities and any improvements appurtenant thereto, as set forth in Section 22525 of the California Streets and Highways Code; and WHEREAS, the City Council has determined that, to finance such facilities and the maintenance and servicing thereof, certain property that will receive benefit from the maintenance and servicing of such facilities should be annexed to existing Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District"); and WHEREAS, the proceedings for the annexation of such property to the District are authorized by and will be conducted pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the California Streets and Highways Code; and WHEREAS, the City Council has also determined that proceedings for the levy of assessments on such property to pay the costs of the maintenance and servicing of such facilities during fiscal year 2005-06 should also be conducted pursuant to Chapter 3 (commencing with Section 22620) of Part 2 of Division 15 of the California Streets and Highways Code. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: SECTION 1 . The City Council proposes to annex certain property to the District pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 25000) of Division 15 of the Page 1 of 3 California Streets and Highways Code. SECTION 2. Improvements. The Improvements which shall be provided for the property proposed to be annexed to the District by and through the assessments levied annually thereon shall include the following: (a) the installation or construction of public lighting, facilities, including, but not limited to, street lights; (b) the installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands; (c) the installation or construction of park or recreational facilities; (d) the installation or construction of any facilities which are appurtenant to any improvements listed in (a) through (d) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, irrigation, drainage, and electrical facilities; and (e) the maintenance and servicing of any of the foregoing. SECTION 3. The property to be specifically charged for the maintenance and servicing of such improvements shall include all of the land located within Tract No. 31097, in the City of San Jacinto, County of Riverside, and shall be designated "Annexation No. 38 to Landscaping, Lighting and Park District No. 2". SECTION 4. The property described in Exhibit "A" which is proposed to be included within the proposed boundaries of Annexation No. 38 to the District may be presently included in Landscaping, Lighting and Park District No. 1 of the City of San Jacinto. Upon the completion of proceedings for the annexation of such property to the District it shall be detached from such other district. SECTION 5. GFB-Friedrich and Associates, Inc. , the District's engineer ("Engineer"), is ordered to prepare and file a report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of Part 2 of Division 15 of the California Streets and Highways Code with respect to the annexation of the property described in Section 3 hereof to the District and the levy of assessments on such property to pay the costs of the Page 2 of 3 maintenance and servicing of the improvements described in Section 2 hereof during fiscal year 2005-06. Upon completion, the Engineer shall file said report with the City Clerk of the City Council for submission to the City Council . ADOPTED, SIGNED AND APPROVED this 7`h day of April, 2005, by the following vote: Ayes: Nays: Absent: Abstained: City of San Jacinto By, Chris Carlson Buydos, Mayor ATTEST: Dorothy L. Chouinard, City Clerk, APPROVED AS TO FORM: City Attorney, City of San Jacinto Best, Best & Krieger, LLP Page 3 of 3 EXHIBIT A Annexation No. 38 to Landscaping, Lighting and Park District No. 2 Legal Description Assessor Parcel Number: 434-040-018 434-040-033 431 -070-014 431 -090-025 431 -090-026 431 -090-027 431 -090-040 Page A-1 STATE OF CALIFORNIA ) RESOLUTION NO. COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO APPROVING ENGINEER'S REPORT FOR THE ANNEXATION OF PROPERTY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2) OF THE CITY OF SAN JACINTO (COMMONLY KNOWN AS CONTENENTAL RESIDENTIAL, TRACT NO. 31097) (LLPD NO. 2, ANNEXATION NO. 38) WHEREAS, on April 7, 2005, the City Council of the City of San Jacinto ("City Council"), adopted Resolution No. initiating proceedings for the annexation of property to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District") and ordered GFB - Friedrich and Associates Inc. , the Engineer of Record, to prepare and file a report in accordance with Section 22565 of the California Streets and Highways Code ("Code"); and WHEREAS, the Engineer of Record has filed with the City Clerk its report ("Engineer's Report") containing the matters specified in Section 22565 through 22574 of the Code; and WHEREAS, the Engineer's Report has been duly presented by the City Clerk to the City Council for consideration and has been fully considered by the City Council, and this City Council finds that each and every part of the Engineer's Report is sufficient, and that no portion of the report requires or should be modified in any respect. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto, as follows: SECTION 1 . The Engineer's estimate of the itemized costs and expenses of the installation, operation, maintenance and/or servicing of street lights, traffic signals, graffiti removal, landscaping, drainage facilities and any improvements appurtenant thereto and the incidental expenses in connection therewith, contained in the Engineer's Report shall be, and each of them are hereby, preliminarily approved and confirmed. SECTION 2. The diagrams showing the property proposed to be annexed to the District referred to and described in the Engineer's Report and the boundaries of the property proposed to be annexed to said District as the same existed at the time of Page 1 of 2 passage of Resolution No. , are hereby preliminarily approved and confirmed. SECTION 3. The proposed assessments upon the property proposed to be annexed to the District are in proportion to the estimated benefit to be received by said property, respectively, from said improvements and of the incidental expenses thereof, as contained in the Engineer's Report. SECTION 4. Said Report shall stand as the Engineer's Report for the purposes of all subsequent proceedings for Annexation No. 38 to the District. SECTION 5. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. ADOPTED, SIGNED AND APPROVED this 7th day of April, 2005, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By, Chris Carlson Buydos, Mayor ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM : City Attorney, City of San Jacinto Best, Best & Krieger, LLP. Page 2 of 2 ENGINEER'S REPORT Annexation No. 38: CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Preliminary Date: April 7, 2005 Confirmed Date: April 7, 2005 INTRODUCTION Pursuant to the order of the City Council of the City of San Jacinto, this report is prepared in compliance with the requirements of Article 4, Chapter 1 , Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the Annexation No. 38 to the district known as LANDSCAPING, LIGHTING AND PARK DISTRICT NO . 2 in the CITY OF SAN JACINTO (hereinafter referred to as "District") . This District, by special benefit assessments , provides funding for the installation, operation, maintenance and servicing of street lights and traffic signals; the installation, maintenance and servicing of landscaped areas (parkways , medians, open space, detention/retention basins , etc.) ; the installation, operation, maintenance and servicing of municipal parks ; the installation, operation, maintenance and servicing of drainage facilities; and graffiti removal from horizontal and vertical surfaces which are appurtenant to the above items; all of which are located in public rights-of-way or easements in the District. Reference is hereby made to the : ENGINEER'S REPORT Formation of CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Fiscal Year 2002-2003 , that was confirmed on April 4 , 2002, and is hereinafter referred to as the "Master Engineer's Report, " which is hereby incorporated herein as though set forth in full. BOUNDARIES OF DISTRICT The proposed boundary of Annexation No. 38 to the District is completely within the City Limits of the City of San Jacinto and is shown on the Boundary Map (attached hereto as Exhibit "A" and incorporated herein by reference and on file in the office of the City Clerk at the San Jacinto City Hall) . Exhibit "A " serves as the Assessment Diagram for Zone 38 of the District and a copy of said Exhibit " A" may be found in the Appendix to this Report. The boundary includes the parcels of land that are located in the vicinity of street lighting, landscaping, drainage and/or park improvements that were, or soon will be, installed as a condition of approval of a land development project; the operation and maintenance of which will be funded by this assessment district. All parcels of real property included within the District are described in detail on maps on file in the Riverside County Assessor's office or by a tract and parcel number legal description. Zones The 1972 Act provides for areas within a district to be classified into different zones . Annexation No . 38 to Landscaping, Lighting and Park District No. 2 is comprised of a single zone. The costs of the installation, operation, maintenance and servicing of the various improvements and facilities within this zone will be separately determined, and incidental costs will be prorated by the number of lots and added to determine the total cost. This zone is comprised of Tract No. 31097, and is designated as Zone 38 . Future annexations will be assigned Zone designations ; e .g . Zone 39, Zone 40, Zone 40A, Zone 41 , etc. , as appropriate. IMPROVEMENTS The authorized facilities and items of servicing and maintenance are described in the "Master Engineer's Report. " Said description is included within this report by reference . A copy of said "Master Engineer's Report" is on file in the Office of the City Clerk of the City of San Jacinto and may be reviewed, or a copy obtained, at City Hall during normal business hours . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Zone 38 Improvements The improvements included in Zone 38 to be installed, operated, serviced, and maintained are street lighting and traffic signals ; parkway and park landscaping ; park equipment and hardscape, and drainage facilities (pipe, catch basins and junction structures) . Also included is graffiti removal . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Plans and Specifications The plans and specifications showing and describing the general nature, location and extent of the improvements to be operated and maintained within Annexation No. 38 are on file in the office of the City Clerk and are incorporated herein by reference. FINANCIAL ANALYSIS The estimated annual cost requirements for Zone 38 , for the improvements described in the "Improvements" section of this report, are summarized in Exhibit "B , " attached hereto and incorporated herein by reference, in the Appendix to this report. Estimated costs are shown for each improvement or facility , and for incidental costs to be funded by the District. LLPD No. 2 - Engineer's Report 2 Annexation No. 38 Notes : 1 . Incidental Costs are prorated in proportion to the respective servicing and maintenance costs for each facility or improvement. Future annexations will be treated in a similar manner. METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the total assessments among all assessable lots or parcels in proportion to the estimated special benefit to be received by each lot or parcel from the improvements . Said method is described in the "Master Engineer' s Report" and is included within this report by reference. A copy of said " Master Engineer's Report" is on file in the Office of the City Clerk of the City of San Jacinto and may be reviewed, or a copy obtained, at City Hall during normal business hours. ASSESSMENT FORMULA The basic formula used to calculate the amount allocated to each lot or parcel within the District for each type of improvement or facility is described in the "Master Engineer's Report. " Said formula, including but not limited to, the table entitled "ASSESSMENT FORMULA USING ASSESSMENT UNIT (AU) METHOD, " and subsections entitled Special Benefit Analysis , Street Classification and corresponding General Benefit ( %) , and Assessment of Public Property is included within this report by reference. LIMITATION ON INCREASE OF ANNUAL ASSESSMENT The City Council intends to increase assessments , on an annual basis when necessary , in accordance with the Consumer Price Index for all Urban Consumers for the Los Angeles- Anaheim-Riverside area, published by the United States Department of Labor, Bureau of Labor Statistics; provided however, that any such annual increase shall not exceed seven and one-half percent (7 .5 % ) . The current Southern California telephone number for the Consumer Price Index (CPI) Hotline is (310) 235-6884 . ASSESSMENT SPREAD The individual Zone 38 assessments , tabulated by Assessor's Parcel Number or other form of identification, are shown on the Assessment Spread on file in the Office of the City Clerk of the City of San Jacinto and attached hereto as Exhibit "C. " The total annual cost of the improvements described in the "Improvements" section of the report for Annexation No. 38 is estimated to be $ 105 ,506 .99 . The maximum annual assessment per Assessment Unit (AU — also equivalent to one single-family dwelling unit) for the 2005-2006 fiscal year is $493 .02 per lot in Tract Nos . 31097 (214 lots) . LLPD No. 2 - Engineer's Report 3 Annexation No. 38 �i� r ( . , . FR , -FRI D C & ASSOC. , INC.y9-.0.,ae1/404 :z JOHN A . FRIEDRICH, P. E. ici 7 Na c27861 % i ASSESSMENT ENGINEER Exp. 3/31 /OB / 4.. .g q Date: 2 CIVIL/ �P cJ -•25 CP cur n-' LLPD No. 2 - Engineer's Report 4 Annexation No. 38 APPENDIX EXHIBITS Exhibit " A" - Boundary Map Exhibit "B" - Cost Estimate Exhibit " C" - Assessment Spread i 1I. Is'i IIX ;II: i x 0 a _._ aII x I ga cal Of g€ - /;• JR11 Sg xi o / tR R QtiZp 2a I gi gIy . gR gl 2NR lie §7 6- Z g ` a a Q c p l\ €^ Pet � T a e ee mQti0 ` Q I il Lag $ ate¢ W c. ° CI Z1Q W j 4 W t.. Q N a � , �ex� [a is�� 1 °mufin tt at • ,. 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O `m M lO eO nmO p NM 0OfO n 00O eNO ' e0 C N ( O O O O a 0 0 0 0 0 0 0 0 0 0 Z U U o N N N N N N N N N N N N N N N N m l= Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 t a m J J J J J J J J J J . . . . . J J J J J J ` mu H STATE OF CALIFORNIA ) RESOLUTION NO. COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO DECLARING INTENTION TO ANNEX PROPERTY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2), TO LEVY AND COLLECT ASSESSMENTS ON SUCH PROPERTY FOR FISCAL YEAR 2005-06 AND PROVIDING NOTICE OF TIME AND PLACE OF A HEARING ON THE PROPOSED ANNEXATION AND THE PROPOSED ASSESSMENTS, DETERMINING DURATION OF SUCH ASSESSMENTS AND ANNUAL INCREASES IN AMOUNTS THEREOF AND PROVIDING FOR ELECTION THEREON FOR THE PROPERTY (COMMONLY KNOWN AS CONTINENTAL RESIDENTIAL, TRACT NO. 31097) (LLPD NO. 2, ANNEXATION NO. 38) WHEREAS, the City Council ("City Council") of the City of San Jacinto ("City") has initiated proceedings for the annexation of certain property to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District"), pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code ("Act"), for the installation, operation, maintenance and/or servicing of street lights, traffic signals, graffiti removal, landscaping, drainage facilities and any improvements appurtenant thereto as provided in Section 22525 of the California Streets and Highways Code; and WHEREAS, as ordered by the City Council, GFB - Friedrich and Associates, Inc. has filed with the City Clerk a report regarding the assessments which are proposed to be levied and collected from the owners of assessable property within the District to pay the costs of the installation, operation, maintenance and servicing of street lighting, traffic signals, graffiti removal and improvements appurtenant thereto, and that report has been presented to and considered by the City Council; and WHEREAS, upon the annexation of such property to the District, and to the extent such property is included within Landscaping, Lighting and Park District No. 1 and the assessments levied thereby finance the such improvements provided by the District, it should be detached from Landscaping, Lighting and Park District No. 1 . WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to Section 22587 of the Streets and Highways Code to, among other things, fix and give notice of the time and place of a public hearing on said report, the proposed annexation of such property to the District and the proposed assessments. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: Page 1 of 6 SECTION 1 . Findings. The City Council of the City of San Jacinto finds that: (a) The foregoing recitals are true and correct; (b) The report of GFB - Friedrich and Associates, Inc. (the "Report") contains all matters required by Sections 22565 through 22574 of the Streets and Highways Code and may, therefore, be approved by the City Council ; (c) The assessments, which are proposed to be levied for fiscal year 2005-06 on all parcels of assessable property that are proposed to be annexed to Landscaping, Lighting and Park District No. 2, are based on special benefit conferred upon each such parcel from the payment of the cost of the installation, operation, maintenance and/or servicing of street lighting, traffic signals, graffiti removal, landscaping, drainage facilities and appurtenant improvements; (d) The proportionate special benefit derived by each such parcel has been determined in relationship to the entirety of the capital cost of the installation, operation, maintenance and servicing of street lighting, traffic signals, graffiti removal, landscaping, drainage facilities and appurtenant improvements; and (e) The amount of the assessment which is proposed to be assessed on each such parcel is based upon and will not exceed the reasonable cost of the proportional special benefit conferred on that parcel. SECTION 2. Intention. The City Council declares that it intends to annex the property described in Section 4 to the District, to detach such property from Landscaping, Lighting and Park District No. 1 , and to levy assessments on all lots and parcels of assessable property which are proposed to be annexed to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto for fiscal year 2005-06 in the amount set forth in the Report. Such assessments will be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments. Page 2 of 6 SECTION 3. Improvements. The Improvements which shall be provided for the property proposed to be annexed to the District by and through the assessments levied annually thereon shall include the following: (a) the installation or construction of public lighting, facilities, including, but not limited to, street lights; (b) the installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands; (c) the installation or construction of park or recreational facilities; (d) the installation or construction of any facilities which are appurtenant to any improvements listed in (a) through (d) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, irrigation, drainage, and electrical facilities; and (e) the maintenance and servicing of any of the foregoing. SECTION 4. Annexation to Assessment District. The distinctive designation of the annexation is "Annexation No. 38 to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto." The property which is proposed to be annexed to the District and which comprises Annexation No. 38 is all the property which is identified by Riverside County Assessor's Parcel Numbers 434-040-018; 434-040-033; 431 - 070-014; 431 -090-025; 431 -090-026; 431 -090-027; 431 -090- 040. Upon the completion of the annexation proceedings, the property which comprises Annexation No. 38 will be designated as Zone 38 of the District ("Zone 38"). The boundaries of Annexation No. 38 or Zone 38 are further described and shown in the Report. The territory included within Zone 38 is generally located in the City of San Jacinto, County of Riverside. Upon completion of the annexation proceedings, such territory shall be detached from existing Landscaping, Lighting and Park District No. 1 . SECTION 5. Report and Assessments. The Report, which is on file with the City Clerk of the City Council, and which has been presented to the City Council at the meeting at which this resolution is adopted, is approved. Reference is made to the Page 3of6 Report for a full and detailed description of the Improvements, the boundaries of Annexation No. 38 and the assessments which are proposed to be levied on the assessable lots and parcels of property within Zone 38 for fiscal year 2005-06. SECTION 6. Duration of Assessments and Inflation Increases and Election Thereon. The assessments shall be levied on all parcels of assessable property within Annexation No. 38 or Zone 38 of the District, as identified in the Report, so long as the assessments are necessary to finance the Improvements specified in Section 3 and the maintenance and servicing thereof The assessment amounts contained in the Report shall be subject to an annual adjustment or increase in an amount equal to the percentage increase in the Consumer Price Index — All Urban Consumers for the Los Angeles — Anaheim — Riverside Area; provided however that the amount of the assessment to be levied on any assessable parcel in any fiscal year shall not be increased by more than seven and one—half percent (7.5%), and the amount of the assessment to be levied on any parcel in any fiscal year shall not in any event exceed the actual total cost of the proportional special benefit conferred on that parcel. The assessment ballots, which are to be mailed to the owners of assessable parcels of property in Annexation No. 38 or Zone 38, as provided in Section 8 hereof, shall clearly indicate that the property owners are voting on the duration of and annual increases in the amount of the assessments as specified above. SECTION 7. Hearing. The time and place of the hearing required by Section 22587 through 22594 of the Streets and Highways Code concerning the proposed annexation of the property described in Section 4 hereof to the District, the proposed detachment from Landscaping, Lighting and Park District No. 1 , and the assessments which are proposed to be levied for fiscal year 2005-06 is set for 7:00 p. m. on April 7, 2005, at the San Jacinto Unified School District Board Room, located at 2045 S. San Jacinto Avenue, San Jacinto, California. SECTION 8. Notice of Hearing and Ballots. The City Clerk of the City Council shall mail notice of the proposed annexation and the proposed assessments and of the time and place of the public hearing, as specified in Section 7 hereof, to the record owner of each assessable parcel of property identified in the Report. Such notice shall specify the total amount of the Page 4 of 6 assessment chargeable to all the property within Annexation No. 38 or Zone 38 to Landscaping, Lighting and Park District No. 2, the amount chargeable to each owner's particular parcel , the duration of the assessments, the reason for the assessments and the basis upon which the amount of the proposed assessments was calculated, together with the date, time and location of the public hearing on the proposed assessments as specified in Section 7 hereof. The notice shall include, in a conspicuous place, thereon, a summary of the procedures applicable to the completion, return and tabulation of the assessment ballots, which will accompany the notice and shall include a statement that the existence of a majority protest will result in the assessments not being levied, and that a majority protest will exist if, upon the conclusion of the hearing, ballots submitted in opposition to the assessments exceed the ballots submitted in favor of the assessments. Each such notice mailed to owners of identified parcels within Annexation No. 38 or Zone 38 to Landscaping, Lighting and Park District No. 2 shall contain a ballot which includes the City's address for receipt of any ballot when completed by any owner receiving such notice whereby each such owner may indicate his or her name, reasonable identification of the parcel and support or opposition to the proposed assessments. SECTION 9. That the Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. Page 5 of 6 ADOPTED, SIGNED AND APPROVED this 7th day of April , 2005, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By: Chris Carlson Buydos ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM : City Attorney, City of San Jacinto Best, Best & Krieger, LLP. Page 6of6 STATE OF CALIFORNIA ) RESOLUTION NO. COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ORDERING THE ANNEXATION OF TERRITORY (COMMONLY KNOWN AS CONTENENTAL RESIDENTIAL, TRACT NO. 31097) TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2) AND LEVYING ASSESSMENTS FOR FISCAL YEAR 2005-06 (LLPD NO. 2, ANNEXATION NO. 38) WHEREAS, on April 7, 2005, the City Council ("City Council") of the City of San Jacinto ("City") adopted Resolution No. declaring its intention to annex certain territory to Landscaping, Lighting and Park District No. 2 ("Assessment District"), which was designated for purposes of such proceedings as "Annexation No. 38" and "Zone 38," and scheduling a public hearing thereon; and WHEREAS, by Resolution No. , the City Council approved the report of GFB-Friedrich and Associates, Inc. , the Engineer of Record ("Report") which contained, among other matters, the proposed assessments to be levied for fiscal year 2005-06 upon assessable lots and parcels of land within the territory which comprises Annexation No. 38 to and Zone 38 of the Assessment District; and WHEREAS, pursuant to Section 53753 of the Government Code, notice of the proposed annexation and the proposed assessments and of the time and place of the public hearing thereon was mailed to the record owner of each parcel of property identified in the Report and further directed that each such mailed notice contain an assessment ballot upon which the property owner could indicate his or her support or opposition to the proposed assessments; and WHEREAS, the City Council has conducted the public hearing with respect to the annexation of the territory proposed to be annexed to the Assessment District and has received a report from the City Clerk regarding the tabulation of the assessment ballots submitted, and not withdrawn, in support of or opposition to the proposed assessments advising that the ballots which were received were voted in favor of the proposed assessments and that a majority protest does not therefore exist; and WHEREAS, by Resolution No. , the City Council determined that upon the annexation of such property to the Assessment District it should be detached from Landscaping, Lighting and Park District No. 1 to the extent the assessments levied thereby finance the same improvements provided for by the Assessment District. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: Page 1 of 5 SECTION 1 . Findings. The findings recited in the preceding paragraphs are true and correct. SECTION 2. Assessment District. The Assessment District is Landscaping, Lighting and Park District No. 2 of the City of San Jacinto. The territory which is proposed to be annexed to the Assessment District and which comprises Annexation No. 38 is described in the Report and includes all of the property located within Tract No. 31097 in the City of San Jacinto, County of Riverside. SECTION 3. Improvements. The Improvements which shall be provided for the property proposed to be annexed to the District by and through the assessments levied annually thereon shall include the following: (a) the installation or construction of public lighting, facilities, including, but not limited to, street lights; (b) the installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands; (c) the installation or construction of park or recreational facilities; (d) the installation or construction of any facilities which are appurtenant to any improvements listed in (a) through (d) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, irrigation, drainage, and electrical facilities; and (e) the maintenance and servicing of any of the foregoing. SECTION 4. Annexation; Designation of Zone; Detachment. The territory comprising Annexation No. 38, as described in Section 2 hereof, is annexed to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto. The diagram of the Assessment District, as modified to include Annexation No. 38 and as contained in the Report, is confirmed. Such annexed territory is designated as Zone 38 of the Assessment District. The territory comprising Annexation No. 38 and Zone 38 of the Assessment District shall be and is detached from Landscaping, Lighting and Park District No. 1 of the City of San Jacinto. Page 2of5 SECTION 5. Levi of Assessments; Annual Increases; Duration. The assessments proposed to be levied on the lots and parcels within Zone 38 of the Assessment District for fiscal year 2005-06 in the amounts set forth in the Report and in the assessment ballot mailed to and returned by the owners of the property comprising Annexation No. 38 shall be and are confirmed and levied. Pursuant to Section 6 of Resolution No. , and as specified in such ballot, the annual amount of the assessment to be levied on each parcel of property in Zone 38 of the Assessment District shall be subject to an annual adjustment or increase in an amount equal to the percentage increase in the Consumer Price Index-All Urban Consumers for Los Angeles - Anaheim - Riverside Area; provided, however, that the amount of the assessment to be levied on any parcel in any fiscal year shall not be increased by more than seven and one-half percent (7.5%) and the amount of the assessment to be levied on any parcel in any fiscal year shall not, in any event, exceed the actual total cost of the proportional special benefit conferred on that parcel. The assessments shall be levied annually on assessable lots and parcels of property in Zone 38 so long as the assessments are necessary to finance the cost of the operation, maintenance and servicing of the improvements specified in Section 3 within and for Zone 38. SECTION 6. Filing With the County Auditor. The City Clerk shall cause the diagram and assessment as confirmed and levied hereby to be filed with the County Auditor of the County of Riverside as required by Section 22641 of the Streets and Highways Code. SECTION 7. That the Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. Page 3 of 5 ADOPTED, SIGNED AND APPROVED this 7th day of April , 2005, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By: Chris Carlson Buydos, Mayor ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM : City Attorney, City of San Jacinto Best, Best & Krieger, LLP. Page 4 of 5 Certificate of Election Official and Statement of Votes Cast STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF SAN JACINTO ) The undersigned, ELECTION OFFICIAL OF THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 SPECIAL ELECTION ANNEXATION NO. 38 in the City, held on April 7, 2005. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto for or against the Measure are full, true and correct. VOTES CAST ON PROPOSITION 1 : YES NO WITNESS my hand this day of April, 2005 Dorothy L. Chouinard, City Clerk City of San Jacinto Page 5 of 5 AGENDA ITEM 4-4 April 7, 2005 TO: The Honorable Mayor and Members of the City Council FROM: Special Tax Consultant and City Attorney SUBJECT: Approve and Adopt Resolution No. Confirming Assessment and Ordering Road, Street and Highway Maintenance for the Annexation of Certain Property(Known as Western Pacific Tract 32155) into Assessment District No. 2003-1. (AD 2003-1, Annexation No. 14) RECOMMENDATION: By motion, approve and adopt Resolution No. annexing territory into Assessment District No. 2003-1, confirming the levy of assessments therein and ordering the maintenance of roads streets and highways. AD 2003-1, Annexation No. 14 commonly referred to as Tract No. 32155. BACKGROUND: On March 17, 2005, the City Council initiated proceedings to annex certain territory owned by Western Pacific Housing Assessment District 2003-1 (the "District"). In order to complete such proceedings in accordance with assessment district law, the City Council must approve the annexation, confirm the assessment as provided for in the engineer's report and approve the assessment diagram, and order the maintenance of roads, streets and highways within the District. JUSTIFICATION: The adoption of the resolution is required to complete the annexation process. BUDGETARY IMPACT: The annexation of the Western Pacific Housing property into the District will have a beneficial impact to the City's budget in that, upon implementation of the proposed annexation to the District, it would assist in the funding of the maintenance of certain roads, streets, and highways that would otherwise come from the City's general fund. ATTACHMENTS: Approvals Resolution No.: City Manager: i Finance Director: j# STATE OF CALIFORNIA ) RESOLUTION NO. COUNTY OF RIVERSIDE )ss. CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION, FOR THE ANNEXATION OF CERTAIN PROPERTY (WESTERN PACIFIC HOUSING — TRACT 32155) TO ASSESSMENT DISTRICT NO. 2003-1 (AD 2003-1 ) PURSUANT TO THE BENEFIT ASSESSMENT ACT OF 1982, ORDERING MAINTENANCE WORK THEREIN AND CONFIRMING THE DIAGRAM AND ASSESSMENT (AD 2003-1 , ANNEXATION NO. 14) WHEREAS, the CITY COUNCIL of the CITY OF SAN JACINTO, CALIFORNIA, has initiated proceedings for the annexation of certain property into Assessment District 2003- 1 of and levy of the annual assessment in a special benefit district created pursuant to the terms of the "Benefit Assessment Act of 1982", being Chapter 6.4 of Part 1 of Division 2 of the Government Code of the State of California (the "Act"), Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the " Implementation Act") (the Act, Article XIIID and the Implementation Act may be referred to collectively herein as the "Assessment Law"), (the "District"), and, WHEREAS, at this time all notice and public hearing requirements relating to the annexation of certain property into the District and the levy of the annual assessments within the District have been met or duly waived, and, WHEREAS, the City Council received and preliminarily approved a report from the Assessment Engineer (the "Assessment Engineer's Report"), and, WHEREAS, subsequent to the City Council's preliminary approval of the Engineer's Report, it was determined that one of the residential parcels to be annexed into the District was required to be used as a retention basin, and, WHEREAS, the Assessment Engineer determined that such parcel would receive no benefit from the assessment and has amended the Engineer's Report to reflect such benefit in its final Engineer's Report dated March 8, 2005 (the "Final Engineer's Report"), which is attached hereto as Exhibit "A" , and, WHEREAS, this City Council is now satisfied with the assessment and diagram and all other matters as contained in the Assessment Engineer's Report, as amended, as now submitted for final consideration and approval, and, Page 1 of 6 WHEREAS, the assessment ballots mailed to the record owners of all properties within the proposed annexation area did reflect the increased per parcel assessment amount as set forth in the Final Engineer's Report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Jacinto, California, as follows: SECTION 1 : Recitals. The above recitals are all true and correct. SECTION 2: Procedures. This City Council hereby finds and determines that the procedures for the consideration of the levy of the assessments have been undertaken in accordance with the Assessment Law. SECTION 3: Assessment Ballot Procedures. Assessment ballots were mailed as required by Assessment Law to the record owners of all properties within proposed annexation area which are proposed to be assessed. The assessment ballots that were completed and received by the City Clerk prior to the close of the public hearing have been tabulated in accordance with the procedures established by Assessment Law and this City Council and the results of such tabulation have been submitted to this City Council. This City Council hereby finds that the assessment ballots submitted in favor of the levy of assessments as shown in the Final Assessment Engineer's Report as weighted in accordance with Assessment Law exceed the assessment ballots submitted in opposition to such levy also as weighted in accordance with Assessment Law. Therefore, no majority protest to the levy of assessments within the District has been found to exist. SECTION 4: Annexation to District. This City Council hereby orders the annexation of the property listed in Exhibit "B" attached hereto to the District. SECTION 5: Determination and Confirmation. Based upon the Final Assessment Engineer's Report and the testimony and other evidence presented at the public hearing, the City Council hereby makes the following determinations regarding the maximum assessments proposed to be levied: a. The proportionate special benefit derived by each individual parcel to be assessed has been determined Page 2 of 6 in relationship to the entirety of the cost of the operations and maintenance expenses. b. The assessments will not exceed the reasonable cost of the proportional special benefit conferred on each parcel. c. Only the special benefits will be assessed. d. There are no parcels within the District that are owned or used by a local government, the State of California or the United States. The maximum assessments as shown in the Assessment Engineer's Report will be increased each Fiscal Year without further compliance with the assessment ballot procedures required under the Assessment Law by the annual increase in the Consumer Price Index (CPI), during the preceding year ending in March, for All Urban Consumers for the Riverside County area. SECTION 6: Ordering of Maintenance. The public interest and convenience requires, and this legislative body does hereby order the maintenance work to be made and performed as said maintenance work is set forth in the Assessment Engineer's Report and as previously declared and set forth in the Resolution of Intention. SECTION 7: Filing with City Clerk. The above-referenced diagram and assessment shall be filed in the Office of the City Clerk. Said diagram and assessment, and the certified copy thereof, shall be open for public inspection. SECTION 8: Effective Date. This Resolution of Annexation shall take effect immediately upon its adoption. Page 3 of 6 APPROVED, SIGNED AND ADOPTED at a Regular Meeting of the City Council of the City of San Jacinto on the 7th day of April, 2005, by the following vote, to wit: Ayes: Nays: Absent: Abstain: City of San Jacinto By: Chris Carlson Buydos, Mayor ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM : City Attorney, City of San Jacinto Best, Best & Krieger, LLP Page 4 of 6 EXHIBIT "A" CITY OF SAN JACINTO ASSESSMENT DISTRICT NO. 2003-1 ANNEXATION NO. 14 ENGINEER'S REPORT Page 5 of 6 ENGINEER' S REPORT ANNEXATION NO. 14 TO ASSESSMENT DISTRICT No. 2003-1 OF THE CITY OF SAN JACINTO March 8, 2005 ENGINEER' S REPORT ANNEXATION NO. 14 TO ASSESSMENT DISTRICT NO. 2003-1 CITY OF SAN JACINTO Prepared for Prepared by CITY OF SAN JACINTO DAVID TAUSSIG & ASSOCIATES, INC. 201 East Main Street 1301 Dove Street, Suite 600 San Jacinto, CA 92583 Newport Beach, CA 92660 (951) 654-7337 (949) 955-1500 TABLE OF CONTENTS Part Page Introduction 1 Part I: Description of the Services to be Financed 2 Part II: Description of Assessment District 3 Part III: Amount of the Prepared Assessment and Assessment Roll 4 Part IV: Basis and Schedule of Assessment 6 Exhibits A- 1 : Assessment Diagram A-2: Tentative Tract Map for Zone 21 B : Assessment Roll C: Detailed Cost Estimate: Zone 21 D: Cost of Services Summary E: Cash Flow Model: Zone 21 Page i INTRODUCTION In accordance with the Resolution of the City Council of the City of San Jacinto, California, initiating the annexation of certain real property to Assessment District No. 2003-01 (hereinafter referred to as the "Assessment District or AD No. 2003-1"), pursuant to the Benefit Assessment Act of 1982 (hereinafter referred to as the "Resolution of Initiation"), adopted by the City Council of the City of San Jacinto (hereinafter referred to as the "Council"), in connection with the proceedings for Annexation No. 14 to Assessment No. 2003- 1 , David Taussig & Associates, Inc. herewith submits the Engineer' s Report for Annexation No. 14 to AD No. 2003-1 (the "Report"), consisting of four (4) parts as follows: PART I - DESCRIPTION OF THE SERVICES TO BE FINANCED A description of the street maintenance services to be provided by the Assessment District for Annexation No. 14 is discussed in this part. PART II - DESCRIPTION OF ASSESSMENT DISTRICT A description of the property within each zone of benefit within Annexation No. 14 is contained in this part of the Report. PART III - AMOUNT OF THE PROPOSED ASSESSMENT AND ASSESSMENT ROLL This part includes the amount of the proposed assessment. PART IV - BASIS AND SCHEDULE OF ASSESSMENT This part discusses the methodology used to allocate the assessment based on the benefit received by property within Annexation No. 14. Engineer's Report Page 1 City of San Jacinto Annexation No. 14 to Assessment District No. 2003-1 March 8, 2005 PART I. DESCRIPTION OF THE SERVICES TO BE FINANCED The Assessment District is intended to finance the costs associated with the maintenance of interior streets within the boundaries of Annexation No. 14, including street sweeping, slurry seal, grind and overlay of existing pavement, and replacement of damaged curb, sidewalk, and pavement. Each type of service is described below. Street Sweeping This service shall consist of cleaning the streets within Annexation No. 14 by City of San Jacinto ("City") forces or by contract with outside forces. The streets will be cleaned on a monthly basis, consistent with the current level of service for existing streets within the City limits. Slurry Seal This service shall consist of providing a slurry seal, or asphaltic coating over pavement areas within Annexation No. 14 on an average interval of four years. The service shall be performed by City forces or by public works contract, and shall include all required striping and traffic control associated with the work. Slurry seal operations will not occur in interval years where grind and overlay or replacement activities, as described below, are scheduled. Grind and Overlay This service shall consist of grinding out the upper 2 inches (approximately) of asphalt paving and replacing with a new layer of asphalt, on an average interval of twelve years. The service shall be performed by City forces or by public works contract, and shall include all required striping and traffic control associated with the work. Grinding and overlay operations shall not occur within interval years where Remove and Reconstruct operations, as described below, are scheduled. Remove and Reconstruct It is estimated that approximately every 36 years the asphaltic layer of the pavement structural section will need to be removed and replaced. In addition it is assumed that 10% of curb and sidewalk improvements will need to be repaired or replaced, due to normal damage and deterioration. This service shall consist of such removals and replacements and shall be performed by City forces or by public works contract, and shall include all required striping and traffic control associated with the work. Engineer's Report Page 2 City of San Jacinto Annexation No. 14 to Assessment District No. 2003-1 March 8, 2005 PART II. DESCRIPTION OF ASSESSMENT DISTRICT For purposes of determining the benefits associated with the costs of services provided by the Assessment District, Annexation No. 14 has been divided into one zone of benefit ("Zone") based on location as described below and shown on the assessment diagram located in Exhibit A-1 . Zone 21 Zone 21 consists of Tentative Tract No. 32155, Assessor Parcel Number ("APN") 431-140-009. Tract No. 32155 encompasses approximately 74.83 acres, and includes 253 residential lots, a park, detention basin, future Eastern Municipal Water District lift station, and future Cottonwood Avenue realignment. A map of Tract No. 32155 is provided in Exhibit A-2. Engineer's Report Page 3 City of San Jacinto Annexation No. 14 to Assessment District No. 2003-1 March 8, 2005 PART III. AMOUNT OF THE PREPARED ASSESSMENT AND ASSESSMENT ROLL WHEREAS, the City Council pursuant to Resolution No. 2485, dated November 6, 2003, formed AD No. 2003-1 pursuant to the Benefit Assessment District Act of 1982 (the "Act") for the purpose of annually levying assessments on all land within the Assessment District to pay the costs of street, road and highway maintenance within said district; and WHEREAS, the City Council has now determined that certain property that will receive the benefit of such maintenance should be annexed to the Assessment District; and WHEREAS, previously the City Council of the City of San Jacinto, California, did, pursuant to the provisions of the Benefit Assessment Act of 1982, adopt its Resolution of Initiation, for the purpose of annually levying assessments for the maintenance of streets, roads and highways within Annexation No. 14, and, WHEREAS, said Resolution of Initiation, as required by law, did direct the City Engineer to prepare or cause to be prepared and file a Report, regarding the proposed Annexation No. 14 to AD No. 2003-1 and the assessments to be levied on the land therein to pay the estimated annual costs of the street, road and highway maintenance. For particulars, reference is made to the resolution forming AD No. 2003-1 and the Resolution of Initiation as previously adopted, and NOW, THEREFORE, David Taussig and Associates, Inc., at the direction of the City Engineer, pursuant to the Benefit Assessment Act of 1982, does hereby submit the following: 1 . Pursuant to the provisions of law and the Resolution of Initiation, the costs and expenses of the street maintenance to be performed in Annexation No. 14 to the Assessment District have been assessed upon the parcels of land in Annexation No. 14 to the Assessment District benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. 2. A diagram is attached in Exhibit A-1 , showing Annexation No. 14 to the Assessment District, as well as the boundaries of the respective parcels and subdivisions of land within said Annexation No. 14 to the Assessment District as the same existed at the time of the passage of said Resolution of Initiation, each of which subdivisions of land or parcels or lots respectively have been identified by Assessor Parcel Number upon said Diagram and in said Assessment Roll. 3. An Assessment Roll is attached in Exhibit B, containing the maximum assessment per lot for fiscal year 2005-2006. Notwithstanding the above, the City will not levy an assessment for services related to road facilities that have not been accepted for maintenance by the City. Engineer's Report Page 4 City of San Jacinto Annexation No. 14 to Assessment District No. 2003-1 March 8, 2005 4, By virtue of the authority contained in said Benefit Assessment Act of 1982 and by further direction and order of the legislative body, the following assessment is hereby made to cover the costs and expenses of the street maintenance for Annexation No. 14 to the Assessment District based on the costs and expenses, as set forth in Part IV: FY 2005-06 Total No. of FY 2005-06 Zone Annual Assessment Residential Assessment per Lots [1] Residential Lot [1] 21 $48,842 253 $193.05 [1] If total number of lots within a Zone changes based on recordation of final maps, the total annual cost will be reallocated to the actual number of residential lots within such Zone. The maximum amount of such annual assessment for the Assessment District shall increase annually beginning July 1 , 2006, by an amount equal to the percentage change in the Engineering News-Record Construction Cost Index for Los Angeles, measured as of the month of December in the calendar year which ends in the previous fiscal year, with a maximum annual increase of six percent (6.00%) and a minimum annual increase of zero percent (0.00%) of the amount in effect in the previous fiscal year. Engineer's Report Page 5 City of San Jacinto Annexation No. 14 to Assessment District No. 2003-1 March 8, 2005 PART IV. BASIS AND SCHEDULE OF ASSESSMENT Assessments levied pursuant to the Benefit Assessment Act of 1982 must be based on the benefit to the parcel, which will be derived from the provision of the services. The services to be financed by the assessments levied within each Zone are the maintenance of interior streets within such Zone. Therefore, the services financed by a given Zone provide direct and special benefit to property within such Zone. Typically, identification of the benefits associated with maintenance services is the first step in developing the assessment spread methodology. The Assessment District will provide short term and long term maintenance of the streets within each Zone. The resulting benefits to the residential lots within each Zone consist of, but are not limited to: 1 . Safe vehicular and pedestrian access; and 2. Clean and presentable streets and gutters. In order to allocate the assessments in proportion to the direct benefits that each parcel will receive from the services, an in-depth analysis was performed for each Zone since each Zone has its own interior street facilities. The analysis entailed three component tasks: ( 1) identification of service costs, (2) allocation of costs, and (3) calculation of assessments, as described below. Costs of Services Maintenance costs for each type of service were calculated for each Zone based on the paving area, length of curb, and area of sidewalk within such Zone as determined from available maps and improvement plans, and unit prices as discussed below. The unit price per curb-mile per year was calculated using the City' s current annual budget for street sweeping divided by the monthly service (in curb-miles). This unit price is applied to the total curb- miles for the annexed Zone. Weighted average unit prices were applied to construction items such as slurry seal, asphalt paving, concrete curb, and concrete sidewalk based on data from recent projects of similar size within the same geographic area. Other items such as traffic control, striping, and mobilization were added as lump sum items to more closely approximate total bid prices. A summary of the cost estimates for the annexed Zone is provided in Exhibit C. Ten percent was added to the estimated maintenance costs for construction administration. An additional $21 .65 per single-family residential lot was added for annual administration of Annexation No. 14 to the Assessment District. The cost of services is summarized in Exhibit D. Engineer's Report Page 6 City of San Jacinto Annexation No. 14 to Assessment District No. 2003-1 March 8, 2005 Allocation of Cost Zone 21 is expected to be developed with single-family residential lots, park property, a detention basin, an Eastern Municipal Water District lift station, and the Cottonwood Avenue realignment. Only the single-family residential lots receive benefit from the maintenance of interior street facilities within such zone. Therefore, the cost of services for such Zone is allocated equally to each single-family residential lot within the Zone, while the detention basin, park property, future Eastern Municipal Water District lift station, and future Cottonwood Avenue realignment are exempted. Annual Assessment In order to determine the annual assessment for each Zone, a 36-year cash flow was prepared for Zone 21 (see Exhibit E). The cash flow sets forth the expected annual assessment revenue along with the projected annual cost for each type of service based on the costs identified in Part IV above and the service intervals described in Part I, assuming that the revenues and costs escalate by an average rate of 3. 1% per year. As not all services are provided each year, the amount of funds required from a particular Zone will vary from year to year. The fiscal year 2005-06 annual assessment was calculated such that the annual assessment revenues in any year plus the expected fund balance remaining from previous annual assessments will provide sufficient revenue to fund the services required in any given year, assuming that revenues and costs escalate by an average rate of 3 . 1 % per year. The following table sets forth the total fiscal year 2005-06 assessment for the annexed Zone as well as the fiscal year 2005-06 maximum assessment per residential lot. Schedule of Assessments FY 2005-06 Total No. of FY 2005-06 Zone Annual Assessment [1] Residential Assessment per Lots [2] Residential Lot [1, 2] 21 $48,842 253 $ 193.05 [1] Annual Assessments are subject to annual escalations between 0% and 6% per year. [2] If total number of lots within a Zone changes based on recordation of final maps, the total annual cost will be reallocated to the actual number of residential lots within such Zone. Engineer's Report Page 7 City of San Jacinto Annexation No. 14 to Assessment District No. 2003-1 March 8, 2005 In conclusion, it is my opinion that the assessments for the above-referenced Assessment District have been spread in direct accordance with the benefits that each parcel receives from the street maintenance services. Dated: March 7, 2005. QROFESSipN O 5'� \ David Taussig and Associates, Inc. k, G,� co co 2j Nil.: C23,473 I n 4- / Assessmee1/4..4.---- 7.7,% nsultant J'J. /`7! EN6���`�, �Q' !� City of San Jacinto -9T€ pQ-�/ County of Riverside OlCA��F� State of California I, Dorothy L. Chouinard, City Clerk of the City of San Jacinto, California do hereby certify that the foregoing assessment, together with the Diagram attached thereto, was filed in my office on the 8th day of March 2005 . ---P-M0 tl 1>Okotum‘ a/tel rAN • �O Dorothy L. Chouinard " ' City C rk of the City of San Jacinto 0 ( \ • , APR. 2✓, 18:. ;_. l J County of Riverside \\........\* 0.itipott, szi / * State of California K:\Clients2\San Jacinto\roadmaint\P.nnex No. 14\engrpt_annex 14_final.doc Engineer's Report Page 8 City of San Jacinto Annexation No. 14 to Assessment District No. 2003-1 March 8, 2005 EXHIBIT A-1 ENGINEER'S REPORT ASSESSMENT DIAGRAM - tb O o I c • C a) "C a) (4. 0 Y co N U co Y U o a U y a) o O :5 U 4— a) C O E C 4- C CO o U °� 3 CIS 0 3 LL o CV) �+ L d p) a) N C L a) O� U O CO N cC -C 'O O ca 7 CO30 N .� a O C cc0 f9 m COC O a) N c0 7 Cl)E a) E o 5 o 0 3 E cEU— o m o U L U o = 0 U O c• y 0 L CD a) Co o .O -0 Z V O C U O Ca 0 E Go v) E 4-- c Cl) c0 U c�0 o m o a) E N Cl) co co co o E a ca " .O -O a .T+ - - _a t1 N0 2 N h o -c c O N a) a) as d cC6 N Cn a) a co Y W co N y > > O C "O N N C9 N a) U 4- C) N a) O O 4- C m a) o o J �, 'a U m E o o m o a o m >, r 2 rn 3 _C v o m am U CO co) p` 0° -o N 'O -C O CO _ CO C > O c6 a) a) ate) — L N -p 2 E U a) is J 2 O' J V) a) C COIL) C C O Ct O- . 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City of San Jacinto • Annexation No. 14 to Assesssment District No. 2003-1 FY 2005-06 Assessment Roll FY 2005-06 APN Tract Lot Assessment Zone 21 431-140-009 32155 1 $193.05 431-140-009 32155 2 $ 193.05 431-140-009 32155 3 $ 193.05 431-140-009 32155 4 $193.05 431-140-009 32155 5 $193.05 431-140-009 32155 6 $193.05 431-140-009 32155 7 $193.05 431-140-009 32155 8 $193.05 431-140-009 32155 9 $ 193.05 431-140-009 32155 10 $193.05 431-140-009 32155 11 $ 193.05 431-140-009 32155 12 $ 193.05 431-140-009 32155 13 $ 193.05 431-140-009 32155 14 $193.05 431-140-009 32155 15 $193.05 431-140-009 32155 16 $193.05 431-140-009 32155 17 $193.05 431-140-009 32155 18 $ 193.05 431-140-009 32155 19 $ 193.05 431-140-009 32155 20 $ 193.05 431-140-009 32155 21 $193.05 431-140-009 32155 22 $ 193.05 431-140-009 32155 23 $193.05 431-140-009 32155 24 $193.05 431-140-009 32155 25 $193.05 431-140-009 32155 26 $193.05 431-140-009 32155 27 $ 193.05 431-140-009 32155 28 $ 193.05 431-140-009 32155 29 $ 193.05 431-140-009 32155 30 $ 193.05 431- 140-009 32155 31 $ 193.05 431-140-009 32155 32 $193.05 431-140-009 32155 33 S193.05 431-140-009 32155 34 $193.05 431-140-009 32155 35 $ 193.05 431-140-009 32155 36 $193.05 431-140-009 32155 37 $ 193.05 431-140-009 32155 38 $ 193.05 431-140-009 32155 39 $193.05 431-140-009 32155 40 $193.05 431-140-009 32155 41 $193.05 431-140-009 32155 42 $193.05 431-140-009 32155 43 $ 193.05 431-140-009 32155 44 $ 193.05 431-140-009 32155 45 $ 193.05 431-140-009 32155 46 $ 193.05 431-140-009 32155 47 $193.05 431-140-009 32155 48 $193.05 431-140-009 32155 49 $193.05 431-140-009 32155 50 $ 193.05 431-140-009 32155 51 $ 193 .05 431-140-009 32155 52 $193.05 431-140-009 32155 53 $ 193.05 Page 1 of 5 David Taussig & Associates, Inc. City of San Jacinto Annexation No. 14 to Assesssment District No. 2003-1 FY 2005-06 Assessment Roll FY 2005-06 APN Tract Lot Assessment 431-140-009 32155 54 $ 193.05 431-140-009 32155 55 $ 193.05 431-140-009 32155 56 $193.05 431-140-009 32155 57 $193.05 431-140-009 32155 58 $ 193 .05 431-140-009 32155 59 $ 193.05 431-140-009 32155 60 $ 193.05 431- 140-009 32155 61 $ 193.05 431-140-009 32155 62 $ 193.05 431-140-009 32155 63 $ 193.05 431-140-009 32155 64 $ 193.05 431-140-009 32155 65 $193.05 431-140-009 32155 66 $ 193.05 431-140-009 32155 67 $193 .05 431-140-009 32155 68 $ 193.05 431-140-009 32155 69 $ 193.05 431-140-009 32155 70 $ 193.05 431-140-009 32155 71 $ 193.05 431-140-009 32155 72 $ 193.05 431-140-009 32155 73 $193.05 431-140-009 32155 74 $ 193.05 431-140-009 32155 75 $ 193.05 431-140-009 32155 76 $193.05 431-140-009 32155 77 S193.05 431-140-009 32155 78 $193.05 431-140-009 32155 79 $193.05 431-140-009 32155 80 $ 193.05 431-140-009 32155 81 $193.05 431-140-009 32155 82 $ 193.05 431-140-009 32155 83 $ 193.05 431-140-009 32155 84 $ 193.05 431-140-009 32155 85 $193.05 431-140-009 32155 86 $193.05 431-140-009 32155 87 S193.05 431-140-009 32155 88 $193.05 431-140-009 32155 89 $ 193.05 431-140-009 32155 90 $ 193.05 431-140-009 32155 91 $ 193.05 431-140-009 32155 92 $ 193.05 431-140-009 32155 93 $ 193.05 431-140-009 32155 94 $193.05 431-140-009 32155 95 $193 .05 431- 140-009 32155 96 $ 193.05 431-140-009 32155 97 $ 193.05 431-140-009 32155 98 $ 193.05 431-140-009 32155 99 $ 193.05 431-140-009 32155 100 $ 193.05 431-140-009 32155 101 $ 193.05 431-140-009 32155 102 $193.05 431-140-009 32155 103 S193.05 431-140-009 32155 104 $193.05 431-140-009 32155 105 $ 193.05 431-140-009 32155 106 $ 193.05 431-140-009 32155 107 $ 193.05 431-140-009 32155 108 $ 193.05 Page 2 of 5 David Taussig & Associates, Inc. City of San Jacinto Annexation No. 14 to Assesssment District No. 2003-1 FY 2005-06 Assessment Roll FY 2005-06 APN Tract Lot Assessment 431-140-009 32155 109 $ 193.05 431-140-009 32155 110 $ 193.05 431-140-009 32155 111 $ 193.05 431-140-009 32155 112 $ 193.05 431-140-009 32155 113 $ 193.05 431-140-009 32155 114 $ 193.05 431- 140-009 32155 115 $ 193.05 431-140-009 32155 116 $193.05 431-140-009 32155 117 $193.05 431-140-009 32155 118 $ 193.05 431-140-009 32155 119 $193.05 431-140-009 32155 120 $ 193.05 431-140-009 32155 121 $ 193.05 431-140-009 32155 122 $ 193.05 431- 140-009 32155 123 $ 193.05 431-140-009 32155 124 $ 193.05 431-140-009 32155 125 $193.05 431-140-009 32155 126 $ 193.05 431-140-009 32155 127 $193.05 431-140-009 32155 128 $193.05 431-140-009 32155 129 $193.05 431-140-009 32155 130 $193.05 431-140-009 32155 131 $ 193.05 431-140-009 32155 132 $ 193 .05 431-140-009 32155 133 $ 193.05 431-140-009 32155 134 $ 193.05 431-140-009 32155 135 $ 193.05 431-140-009 32155 136 $ 193.05 431-140-009 32155 137 $ 193.05 431- 140-009 32155 138 $193.05 431-140-009 32155 139 $193.05 431-140-009 32155 140 $193.05 431-140-009 32155 141 $ 193 .05 431-140-009 32155 142 $ 193.05 431-140-009 32155 143 $ 193.05 431-140-009 32155 144 $ 193.05 431-140-009 32155 145 $ 193.05 431-140-009 32155 146 $193.05 431-140-009 32155 147 $193.05 431-140-009 32155 148 $193.05 431-140-009 32155 149 $193.05 431-140-009 32155 150 $ 193.05 431-140-009 32155 151 $ 193.05 431-140-009 32155 152 $ 193.05 431-140-009 32155 153 $ 193.05 431- 140-009 32155 154 $ 193.05 431-140-009 32155 155 $193.05 431-140-009 32155 156 $193.03 431-140-009 32155 157 $ 193.05 431-140-009 32155 158 $ 193.05 431-140-009 32155 159 $ 193.05 431-140-009 32155 160 $ 193.05 431-140-009 32155 161 $ 193.05 431-140-009 32155 162 $193.05 431-140-009 32155 163 $193.05 Page 3 of 5 David Taussig & Associates, Inc. City of San Jacinto Annexation No. 14 to Assesssment District No. 2003-1 FY 2005-06 Assessment Roll FY 2005-06 APN Tract Lot Assessment 431-140-009 32155 164 $ 193.05 431-140-009 32155 165 $ 193.05 431-140-009 32155 166 $193.05 431-140-009 32155 167 $193.05 431- 140-009 32155 168 $193.05 431-140-009 32155 169 $193.05 431-140-009 32155 170 $ 193.05 431-140-009 32155 171 $ 193.05 431-140-009 32155 172 $ 193.05 431-140-009 32155 173 $ 193.05 431-140-009 32155 174 $ 193 .05 431-140-009 32155 175 $ 193.05 431-140-009 32155 176 $ 193.05 431-140-009 32155 177 $193.05 431-140-009 32155 178 $193.05 431-140-009 32155 179 $193.05 431-140-009 32155 180 $193 .05 431-140-009 32155 181 $ 193.05 431-140-009 32155 182 $ 193 .05 431-140-009 32155 183 $ 193.05 431-140-009 32155 184 $ 193 .05 431-140-009 32155 185 $193.05 431-140-009 32155 186 $ 193.05 431-140-009 32155 187 $193.05 431-140-009 32155 188 $ 193.05 431-140-009 32155 189 S193.05 431-140-009 32155 190 $193 .05 431-140-009 32155 191 $ 193.05 431-140-009 32155 192 $ 193.05 431-140-009 32155 193 $ 193.05 431-140-009 32155 194 $ 193.05 431-140-009 32155 195 $ 193.05 431-140-009 32155 196 $193.05 431-140-009 32155 197 $193.05 431-140-009 32155 198 $193 .05 431-140-009 32155 199 $ 193.05 431-140-009 32155 200 $ 193.05 431-140-009 32155 201 $ 193 .05 431-140-009 32155 202 $ 193.05 431-140-009 32155 203 $ 193.05 431-140-009 32155 204 $193.05 431-140-009 32155 205 $193.05 431-140-009 32155 206 $193.05 431-140-009 32155 207 $ 193.05 431-140-009 32155 208 $193.05 431-140-009 32155 209 $ 193.05 431-140-009 32155 210 $ 193.05 431-140-009 32155 211 $ 193.05 431- 140-009 32155 212 $193.05 431- 140-009 32155 213 $193.05 431-140-009 32155 214 $193.05 431- 140-009 32155 215 $ 193.05 431-140-009 32155 216 $ 193.05 431-140-009 32155 217 $ 193.05 431-140-009 32155 218 $ 193.05 Page 4 of 5 David Taussig & Associates, Inc. City of San Jacinto Annexation No. 14 to Assesssment District No. 2003-1 FY 2005-06 Assessment Roll FY 2005-06 APN Tract Lot Assessment 431-140-009 32155 219 $ 193.05 431-140-009 32155 220 $ 193.05 431-140-009 32155 221 $ 193.05 431-140-009 32155 222 $ 193.05 431-140-009 32155 223 $193.05 431-140-009 32155 224 $ 193.05 431-140-009 32155 225 $193 .05 431-140-009 32155 226 $ 193.05 431-140-009 32155 227 $ 193.05 431-140-009 32155 228 $ 193.05 431-140-009 32155 229 $ 193.05 431-140-009 32155 230 $ 193.05 431-140-009 32155 231 $ 193.05 431-140-009 32155 232 $193.05 431-140-009 32155 233 S193.05 431-140-009 32155 234 3193.05 431-140-009 32155 235 $193.05 431-140-009 32155 236 $193.05 431-140-009 32155 237 $ 193.05 431-140-009 32155 238 $193.05 431-140-009 32155 239 $ 193.05 431-140-009 32155 240 $193.05 431-140-009 32155 241 $ 193.05 431-140-009 32155 242 $193.05 431-140-009 32155 243 $ 193.05 431-140-009 32155 244 $ 193.05 431-140-009 32155 245 $193.05 431-140-009 32155 246 S193.05 431-140-009 32155 247 $ 193.05 431-140-009 32155 248 $193.05 431-140-009 32155 249 $193.05 431-140-009 32155 250 $193.05 431-140-009 32155 251 $ 193.05 431-140-009 32155 252 $ 193.05 431-140-009 32155 253 $ 193.05 Total Assessment for Zone 21 : $48,841.65 Total FY 2005-06 Assessment: $48,841.65 K:\Clients2\San Jacinto\roadmaint\Annex No. 14\Assessment_Roll.rpt Page 5 of 5 EXHIBIT C ENGINEER'S REPORT DETAILED COST ESTIMATE : ZONE 21 David Taussig & Associates, Inc. City of San Jacinto Detailed Cost Estimate AD No. 2003-1 , Annexation No. 14 Zone 21 Tentative Tract No. 32155 Curb Curb- Cost Per Length Miles Curb-Mile Annual Cost ) Street Sweeping 23, 100 4.375 185.58 $811 .91 Quantity Units Unit Price Cost Slurry Seal: Mobilization 1 I.s. $2,577.50 $2,578 Place slurry seal 464,000 s.f. $0.10 $47,838 Crack Seal @ 20% of slurry seal cost - I.s. - $9,568 Striping 1 I.s. $2,577.50 $2,578 Traffic Control 1 I.s. $2,577.50 $2,578 Total $65,139 Quantity Units Unit Price Cost Grind and Overlay Mobilization 1 I.s. $4,124.00 $4, 124 Grind 464,000 s.f. $0.03 $14,352 0. 15' asphaltic concrete paving overlay 4,872 tons $36.09 $175,806 Striping 1 I.s. $2,577.50 $2,578 Traffic Control 1 I.s. $2,577.50 $2,578 Total $199,437 Quantity Units Unit Price Cost Remove and Reconstruct Mobilization 1 I.s. $10,310.00 $10,310 Remove concrete curb @ 10% of total quantity 2,310 I.f. $1 .03 $2,382 Remove sidewalk @ 10% of total quantity 12,705 s.f. $0. 15 $1 ,965 Grind 0.33' AC paving 464,000 s.f. $0.07 $32,052 construct 6" curb @10% of total quantity 2,310 I.f. $7.84 $18,100 construct 6' wide sidewalk @ 10% of total quantity 12,705 s.f. $1 .80 $22,923 construct 0.25' AC paving 8,120 tons $36.09 $293,010 Striping 1 I.s. $2,577.50 $2,578 Traffic control 1 I.s. $2,577.50 $2,578 Total $385,897 K:1Clients2\San Jacinto\roadmaint\Annex No. 141[Exhibit C.xls]sheetl EXHIBIT I) ENGINEER'S REPORT COST OF SERVICES SUMMARY / kRN. - Sa. 2 o GBw 3 0 < C >- E 2 co / k co jkc) f _ •- co- 0 § r � ® Q < / k \ ) \ ( k \ \ moc ccJ ® k_ 2 _ c 8 a — \ \ « o § § g — Zm ) 0 e \ $ . '0 a)g . 7 coco To § ZQ \ % x X II C . to % wLL � 0 + / om E _ to / co c \ ve a £ � e 0 cos C.) k Co Ca 2 / < — 0 3 © 2u) 7 \ cu/ co f 3 : \ g \ / o RI: •\ a W / i \ 2 / \ j \ \ n \ k 42 K z w O - # ag 05.01 / 2 o CO 1- \ g ƒ k . } j _ % EXHIBIT E ENGINEER'S REPORT CASH FLOW MODEL : ZONE 21 David Taussig & Associates, Inc. City of San Jacinto Street Maintenance Allocation [1] AD No. 2003-1 Annexation No. 14 Zone 21 Tentative Tract No. 32155 FY Projected Annual Fund Balance Year Begin- Assessment Street Grind and Remove & Construction District Total Annual (Revenue ping Revenue Sweeping Slurry Seal Overlay Reconstruct Administration Admin Expenditure Minus Cost) 1 2005 $48,842 $812 $81 $5,477 $6,371 $42,471 2 2006 $50,356 $837 $84 $5,647 $6,568 $86,260 3 2007 $51 ,917 $863 $86 $5,822 $6,772 $131 ,405 4 2008 $53,527 $890 $71 ,387 $7,228 $6,003 $85,507 $99,425 5 2009 $55,186 $917 $92 $6,189 $7,198 $147,413 6 2010 $56,897 $946 $95 $6,381 $7,421 $196,888 7 2011 $58,660 $975 $98 $6,579 $7,651 $247,897 8 2012 $60,479 $1 ,005 $80,659 $8,166 $6,782 $96,613 $211 ,763 9 2013 $62,354 $1 ,037 $104 $6,993 $8,133 $265,984 10 2014 $64,287 $1 ,069 $107 $7,210 $8,385 $321 ,886 11 2015 $66,280 $1 ,102 $110 $7,433 $8,645 $379,520 12 2016 $68,334 $1 ,136 $279,030 $2 ,017 $7,663 $315,846 $193,272 14 2017 $70,453 $1 ,171 $1$121 $8,146 $9,474 $256,435 14 2018 $72,637 $1 ,207 $124 $8,398 $9,768 $321 ,555 15 2010 $74,888 $1 ,245 $8,659 $123,340 $275,425 17 2021 $77,210 $1 ,323 $102,972 $10,426$132 $8,927 $10,383 $344,646 17 2021 $79,603 $1 ,323 18 2022 $82,071 $1 ,364 $136 $9,204 $10,705 $416,012 19 2023 $84,615 $1 ,407 $141 $9,489 $11 ,037 $489,591 20 2024 $87,238 $1 ,450 $116,347 $11 ,780 $9,783 $139,361 $437,469 21 2025 $89,943 $1 ,495 $150 $10,087 $11 ,731 $515,680 22 2026 $92,731 $1 ,541 $154 $10,399 $12,095 $596,316 23 2027 $95,606 $1 ,589 $159 $10,722 $12,470 $679,452 24 2028 $98,570 $1 ,639 $402,490 $40,413 $11 054 $455,596 5,596 $410,79622,426 25 2029 $101 ,625 $1 ,689 26 2030 $104,776 $1 ,742 $174 $11 ,750 $13,666 $501 ,906 27 2031 $108,024 $1 ,796 $180 $12,114 $14,090 $595,840 28 2032 $111 ,372 $1 ,851 $148,534 $15,039 $12,490 $177,914 $529,298 29 2033 $114,825 $1 ,909 $191 $12,877 $14,977 $629,146 30 2034 $118,384 $1 ,968 $197 $13,276 $15,441 $732,090 31 2035 $122,054 $2,029 $203 $13,688 $15,920 $838,224 32 2036 $125,838 $2,092 $167,826 $16,992 $14,112 $201 ,022 $763,040 33 2037 $129,739 $2,157 $216 $14,550 $16,922 $875,857 34 2038 $133,761 $2,224 $222 $15,001 $17,447 $992,172 35 2039 $137,908 $2,292 $229 $15,466 $17,988 $1 ,112,092 36 2040 $142,183 $2,364 $1 ,123,375 $112,574 $15,945 $1 ,254,257 $17 Totals $3,153,173 $52,416 $687,725 $681 ,520 $1 ,123,375 $254,504 $353,617 $3,153,156 Number of Single Family Residential Lots 253 Year 1 Cost per Residential Lol $193.05 tl] Assumes costs and annual assessment revenue escalate at an average rate of 3.10%. K:1CIIents21San JacintotroadmaintMnnex No. 141Exhibit E.xls]Sheetl EXHIBIT "B" CITY OF SAN JACINTO ASSESSMENT DISTRICT NO. 2003-1 ANNEXATION NO. 14 NOTICE OF RECORDATION OF ASSESSMENT AND DIAGRAM STATEMENT OF ASSESSMENT NOTICE IS HEREBY GIVEN to all owners of real property liable to be assessed to pay the costs and expenses of the sewer improvements to be constructed under proceedings conducted by the CITY COUNCIL of the CITY OF SAN JACINTO, CALIFORNIA, pursuant to the terms and provisions of the "Benefit Assessment Act of 1982", being Chapter 6.4 of Part 1 of Division 2 of the Government Code of the State of California, for a special assessment district, said special assessment district known and designated as Assessment District No. 2003-1 (the "Assessment District"). You are hereby notified that on , 2005, the Assessment and Diagram to pay the costs and expenses of said construction were recorded in my office. The assessment will be collected on your property tax bill in annual installments beginning in the 2005-2006 fiscal year. The maximum assessment amount for the 2005-2006 fiscal year is as stated in this Notice. DATED: , 2005 Dorothy L. Chouinard, City Clerk City of San Jacinto State of California Identified Parcel: Confirmed assessment: Assessment Number: 2003- 1 For 2005-06 Fiscal Years Assessor's Parcel Number(s): 431-140-009-2 Assessment: $48,841.65 Page 6 of 6 AD 2003-1/Annexation No. 14 Property Owner: WESTERN PACIFIC HOUSING APN: 431-140-009-2 Developer: DR HORTON ASSESSMENT BALLOT City of San Jacinto Assessment District No. 2003-1 Annexation No. 14 This assessment ballot is for the use of the owner of the parcels identified below (the "Identified Parcel") which are located within the boundaries of the proposed City of San Jacinto Assessment District No. 2003-1 ("Assessment District"). Please advise the City Clerk of the City of San Jacinto at (909) 487-7339 if you are not the owner of the Identified Parcels. This assessment ballot may be completed by the owner of the Identified Parcel or a legally authorized representative of such owner to express such owner's support for or opposition to the assessment proposed to be levied on the Identified Parcel for the Assessment District. The amount of the proposed assessment is set forth below. You must follow the instructions accompanying this ballot in completing this assessment ballot to insure that this assessment ballot will be accepted. Certification of Voter: I certify under penalty of perjury that I am the owner of the Identified Parcel or a representative of such owner and am legally authorized to complete this assessment ballot on behalf of such owner. Signat - of res .,' completing this assessment ballot Do you support or oppose the levy of the assessment set SUPPORT 114 forth below on the Identified Parcel? OPPOSE ❑ Assessment No.: 2003-1 Proposed assessment: Identified Parcels: APN : 431 -140-009-2 Western Pacific Housing 2005-2006 Fiscal Year 16755 Von Karman Avenue, Suite 200 Irvine, CA 92606 Maximum Assessment: $48,841 .65 RV PUB\MRUNAL.S HAH\690651.1 Assessment District 2003-1/Annexation No. 14 Property Owners: WESTERN PACIFIC HOUSING APN: 431-140-009-2 Developer: DR HORTON 2. As the record owner of the Property, Owner hereby waives the notice period required pursuant to the Assessment Law that mandates that the City send the Notice and Assessment Ballot to the record owner of all property proposed to be assessed not less than 45 days prior to the public hearing upon the proposed assessment. Owner waives any protest, complaint or legal action of any nature whatsoever pertaining to the shortening this time period pertaining to the notice of the proposed assessment and the date for conducting such public hearing. In addition, Owner waives any right Owner may have to have the public hearing or canvassing of the ballots conducted on a date specified in Elections Code Section 4000. 3 . By granting the consents and making the waivers contained herein Owner does not waive Owner's right granted pursuant to the Assessment Law to provide written or oral testimony at the public hearing in support of or opposition to the assessment(s) proposed to be levied against the Property or to complete and submit an Assessment Ballot in support of or opposition to such assessment(s). In addition, by granting the consents and making the waivers contained herein Owner does not waive any right that Owner may have to challenge either administratively or in a court of law or equity the validity of any assessment levied or proposed to be levied against the Property based on any basis other than those consented to and waived herein. By: Date: `-th ios Title: �l`1 .� ir— By: Date: Title: RVPUB\MRUNAL.SHAH\690199.1 3 AGENDA ITEM 5 April 7, 2005 TO: The Honorable Mayor and Members of the City Council FROM : Habib Motlagh( ity Engineer SUBJECT: 2005 Downtown San Jacinto Pavement Rehabilitation - Project No's 05-107 , 05-108 , and 05-120 RECOMMENDATION: By motion: 1 ) Award Public Works Contract to Matich Corporation in the sum of $998 ,998 . 00 , plus 15% contingency for 2005 Downtown San Jacinto Pavement Rehabilitation ; 2) appropriate an additional $ 133, 848.00 from development agreement funds (01041494104001 ) , to fully offset the completion of this work; 3) authorize staff to add Ramona Boulevard Pavement Rehabilitation between State Street and Potter Road to the 2005 Downtown San Jacinto Pavement lhabilitation; 4) authorize the Mayor to execute the public works contract with Matich Corporation ; and 5) direct the City Clerk to reject the other bids received . BACKGROUND : On February 17 , 2005, Council authorized the City Clerk to proceed with public works bid advertisement for pavement rehabilitation of several roads within downtown San Jacinto. Subsequently on March 22 , 2005 , four bids were received ranging from $998,998 to $ 1 ,308,082 . Matich Corporation was the low responsive/responsible bidder ($998 ,998) . This contractor has previously performed capital improvement projects for the City and their work has been found satisfactory. Construction is anticipated to begin on April 20, 2005, and be completed by July 20 , 2005 . The project encompasses several streets within Downtown area (see attached vicinity map) ; most of the pavement rehabilitation consists of asphalt overlays, with some full removal and replacement where the roadway is beyond asphalt repairs. Approvals City Manager: lily Finance Director: Page 1 of 2 As you recall , rehabilitation of Ramona Boulevard is part of the current budget. This project has been on hold until completion of sewer main on Ramona Boulevard by Alexander Communities. The sewer project however is being delayed due to ground water issues and for this reason , we recommend to negotiate a change order as part of the contract to complete the pavement rehabilitation between State Street and Potter Road . This segment of the road may have to be closed to thru traffic during construction. JUSTIFICATION: Improve roadway conditions in the core of the City. BUDGETARY IMPACT: An additional $ 133, 848 is needed to fully offset the cost of construction (contract amount and contingency); development impact fees can be utilized to offset the additional funding needed for the work to be performed . Other funding being utilized , includes: Project No. Project Description Funding Account No. 05-107 Asphalt Improvements - $ 700 ,000 01041494104001 Older Sections of Town 05-108 Paving of Dirt Roads $ 100, 000 01041494104001 05-120 Downtown Parking Lot $ 215 ,000 07489004104001 02-016 Ramona Boulevard Rehab $300, 000* 02241504104001 * Additional funding may be required upon negotiations with Matich Corporation for the completion of Ramona Boulevard from State Street to Potter Road . ATTACHMENTS: 1 . Bid Results — March 22, 2005 2 . Staff Report dated February 17, 2005 Page 2 of 2 r 0 6 N Z T 1 0 a0 U C C c6 d Lai ro a o Q T 4- 0 o .+ C a m o E LU a o y � 3 U 0 a) C 0 0 Cn 0 0 a Q >• >- >- >- a C 0 a (0 m U) Cl) a) a) 0a� C 0 0 0 0 0 0 0 0 I+ 00 0 0 N O O fD CO O O V O of V ch co - :a Op O r O Vr T T T W Ce 4.1 wC t, W C , E- (t G. d p a p O m 4- N C •V R U, � O Co c0 N N N c C N - rn 3r, c o a 0o 0_ 6 C coC E o• Q CS 17; 0 0) 7. O D U c 0 Q- C U •4 _ is 0 N U to a 5 E m m O a E m 'a N COU QSfn AGENDA ITEM 41 Co February 17, 2005 TO: The Honorable Mayor and Mem ybers of the City Council FROM: Habib Motlagh, City Engineer SUBJECT: Old Town Pavement Rehabilitation — Project No's 05-107 , 05-108, and 05-120 RECOMMENDATION: Adopt plans and specifications and authorize City Clerk to proceed with bid advertisement for rehabilitation of selected roads within downtown San Jacinto. BACKGROUND : During the Fiscal Year 2004-05 budget process , Council allocated $700,000 from development agreement money for pavement rehabilitation in the older part of town. An additional , $ 100,000 from development agreement funds was allocated for paving of dirt roads , and $215 ,000 from Car Pool Mitigation money was put towards improvements in the downtown parking lot at Fifth and Sheriff Avenue. These three projects are being combined by the Engineer's office into one set of plans and specifications. The rehabilitation to be done will take place on the streets shown on attached exhibits . For detail on the extent of the pavement rehabilitation , refer to the attached vicinity map which shows the locations of the recommended work. The rehabilitation is almost entirely asphalt overlays, with some full removal and replacement where the roadway is beyond asphalt repairs. Timing of the project is as follows: o Bid Advertisement February 20 , 2005 o Bid Opening March 22 , 2005 o Award Contract April 7, 2005 o Start of Construction April 20 , 2005 o Estimated Completion July 20, 2005 pprovals City Manager: } Finance Director: �t/ / Page 1 of 2 It is the City Engineer's understanding that additional development agreement funds are available at this time, and may be used for this project. An amended budget will be requested at the time the contract is awarded to cover the additional work. JUSTIFICATION : Improvement of deteriorated roadways within the older area of San Jacinto. BUDGETARY IMPACT: Adequate funding exists to offset cost of pavement rehabilitation . Downtown parking lot improvements are funded by carpool mitigation funds. All other work is funded by development agreement money. ATTACHMENTS : 1 . Vicinity Map Page 2 of 2 02/ 08/ 2005 10 : 17 9099438416 TRI LAKE PAGE 04 C Ak a + x raggi e w w Li SONVB SO1 z Z.. zTic E- tit * '3AY 301.3'115111 /\ En W o z Sofia Nt.,,,n,,,,„aAV Gull NVE4S3'7Y -C co a o 6 w 0� F wViVw a t{ • AI [QV01401 a ^ C'CV .1 lc; Ci ri 'IA if ad nons i al Q , i . ;� - '3AY O,LN[nvf NYS iz 3( ODld F.� w z ` = . e° -' AY oT11c n1s3 o y 3.4 YLNVS '1S 3.LY1S `JP ai "Vi "0 a4^ < liO pa r o '' ci '3AV ITIVd x z i , s . 7 Z M �ti � d raiy w •�<4 Ceri �� '3AV NOA1 OSI Ca) Cm? �„P. p*' Cr 4- '1S A911131 AGENDA ITEM 5/A April 7, 2005 TO: The Honorable Mayor and Members of the City Council FROM : Habib Motlagh' -City Engineer SUBJECT: De Anza Lift Station , Gravity Sewer, Force Main , and Water Main - Notice of Completion RECOMMENDATION: By motion: 1 ) approve the Notice of Completion for De Anza Lift Station , Gravity Sewer, Force Main , and Water Main; and 2) authorize the City Manager to release escrow retention funds to Union Bank of California ($ 113 ,763.25 as of 2/28/2005) , thirty (30) days after recordation of the Notice of Completion . BACKGROUND : On September 5, 2002, the City Council awarded a public works contract to Genesis Construction for the sum of $ 1 ,688,678 , plus 10% contingency ($1 ,857, 545.00). Subsequently, on October 1 , 2002 , the Notice to Proceed was issued to start the work on October 14, 2002 and to fully complete all the scheduled work by July 10 , 2003. As the Council may recall , Genesis Construction encountered high ground water levels in the area the project took place, resulting in considerable delays of project completion . Finally, on March 23, 2005, EMWD forwarded to this office their acceptance letter for this project (attachment No. 2) . The cost of the project was also greatly impacted by the problems encountered in the project area. The final cost of the project is $2.4 Million, which included installation of a lift station , 15" gravity sewer main , 8" force main on Sanderson Avenue between Ramona Expressway and EMWD treatment plant, as well as construction of water main along Sanderson Avenue between Ramona Boulevard and Ramona Expressway. As it stands right now, there are on-going discussion between the City's legal counsel and the contractor's legal counsel regarding additional compensation for alleged damages incurred by contractor. Approvals City Manager: /L Finance Director: Page 1 of 2 JUSTIFICATION : The acceptance of the project and release of funds is necessary to comply with the contract provisions, and US Department of Commerce Economic Development Grant guidelines. BUDGETARY IMPACT: Project funding is offset by Eastern Municipal Water District and City of San Jacinto Federal EDA grand funds, through a cooperative agreement between the two agencies. City of San Jacinto's contribution is $ 1 , 888 ,000 , with the remaining cost of the project funded by EMWD. ATTACHMENTS : 1 . Notice of Completion 2 . EMWD Letter of Acceptance Dated March 23 , 2005 Page 2 of 2 WHEN RECORDED RETURN TO : CITY CLERK: City of San Jacinto 201 E. Main Street San Jacinto , Ca 92583 NOTICE OF COMPLETION FOR RECORDERS USE ONLY Notice is hereby given by the undersigned owner, the fee simple owner of the project site and a political subdivision of the State of California , that a public work of improvement described as De Anza Lift Station , Gravity Sewer, Force Main , and Water Line has been completed and was accepted by the undersigned awarding authority on the date hereof. The Contractor on such work was Genesis Construction , with a fixed location at 170 E. Oakland Avenue, Hemet, California 92543 , and the surety bond is with Safeco Insurance Company of America, located at 2677 North Main Street, Santa Ana , California 92705 . The real property upon which said work was performed is in the City of San Jacinto , County of Riverside, State of California and described as: Sanderson Avenue between Ramona Expressway and Cottonwood Avenue, and Ramona Boulevard east of Sanderson Avenue. Date: April 7 , 2005 City of San Jacinto (Date of Completion) (Name of Political Subdivision) By Title: City Engineer STATE OF CALIFORNIA COUNTY OF RIVERSIDE I hereby certify that I am the City Clerk of the City Council of the City of San Jacinto, California the political subdivision which executed the foregoing notice and on whose behalf I make this verification : and that the same is true. I certify under penalty of perjury that the foregoing is true and correct. Executed at San Jacinto, California on April 7, 2005. City Clerk 3- 29-05 ; 9 : OOAM ; EMWD I I, SPECJT I ON DEPT ; 9286110 # S.F. EN-66.4 (Rev. 4/04) EASTERN MUNICIPAL WATER Di5TR IC T SINCE 1950 Mall I'd of Direcrur:r Rand A Retold March 23, 2005 I •ice Provident Da% id I. SI.iw ,on Riehar It. 1-I:III RUdLtl D. Siems DeAnza Lift Station Ronald \, . St uivan Tract No. San Jacinto, CA water system 13"rrr'I '•e`'t'r'tr ''' C.O. No. 64236 sewer system xx Rn12m.uic \ Iloo CII COW! II i/r„rr,'r,• I . D. No. 17 Anthony 1. rack water and Di,•e,7,n• n/ ,ne S.A. No. 31 sewer system .1/eitopolintn II finer District of Sit. ( un/. Romlc A. Rccurd City of San Jacinto hi>cph I . K whin t 'I' \ Joe Van Sickle 201 East Main Street Lean, Cranny! San Jacinto, CA 92583 Redwine aoJ Sherrill Madam: You are advised that the above referenced Lift Station, in the City of San Jacinto, is installed conjunction with agreements required for the filing of a final map and is complete to the satisfaction of this District. Said system is hereby accepted by the District as part of its distribution and/or collection system. Sincerely, G . � otry.0 For James E. Wyatt Director of Field Engineering JEW/Iz cc: Records Management File Engineering Tract File Developer llailiu;' Ir/i/Itcc: Post Office 13uN 8300 Perris. CA Q2572-8300 'felephone: (95I ) 92ti-3 777 Fax• 195I ) 92R-6177 Lured/mt. 2270 Trumhlc Road Perris, CA 92570 Interne!: www.em )\ �I,org AGENDA ITEM 6, 3 April 7, 2005 TO : The Honorable Mayor and Members of the City Council FROM: Ed Starner, Interim Public Works Superintendent SUBJECT: Approve Purchase of Electrical Control Panel for Bath Booster Station RECOMMENDATION : Council to: 1 . Approve specifications as attached ; 2. Appropriate $ 150 ,000.00 from Undesignated , Unreserved Water Fund Equity; and 3. Authorize City Manager to purchase upon receiving 2 bids BACKGROUND: The Control Panel at the Bath Booster Pump site has been failing on an average of 3 times a week. This significantly reduces water pressure in our system and in some cases we have a total loss of water within our system . This condition has escalated significantly in the last few months. JUSTIFICATION : The City of San Jacinto's Water/Wastewater Division has an alarming concern about not having water for our customers. This could be very detrimental if there is a fire within our city. This also puts our system in non compliance with the California Department of Health Services when our pressure goes below 20 p.s. i . Our existing panel is of the age that we are no longer capable of having it rebuilt. BUDGETARY IMPACT: This was proposed to be included in the 2005 — 2006 budget. But due to the rapid deterioration of the panel it will need to be replaced immediately. This will require an appropriation of $ 150,000. 00 to account 050. 9000.450.3330. Approvals ATTACHMENTS : City Manager: '•-( YJ- 1 . Specifications Finance Director: al Page 1 of 1 GENERAL SPECIFICATIONS FOR CONTROL CENTER FOR THE BATH BOOSTER STATION 1) Supply a new Square D Model 6, Nema 3R motor control center (3 sections each). 2) Each Section will have Toshiba 751IP, 460V,"H7" series VFD with circuit breaker disconnect and line reactor, inner door mounted keypad. Each section will have a 5K BTU A/C (installed backside). 3) The existing motor controller enclosure will be used as a main breaker service disconnect, cable pull section and new PLC control panel. A new backpan & door will be supplied. 4) The PLC/pull section will have a new Allen/Bradley SLC500 PLC with a Pane/view HMI. All motor control pilot devices will be located on the inner door of that section 5) A new 15KVA Square D "Mini-Power Zone" Transformer/load panel will be installed on the outside of the structure. This will supply 120/240 V power for the control & air conditioners. 6) Controller includes complete PLC & HMI programming, three days of start-up & training, and AutoCAD engineered drawings. 7) Installation includes all electrical installation, concrete pad for new structure, underground conduit & cable, and removal of old equipment. AGENDA ITEM 6,5 April 07, 2005 TO The Honorable Mayor and Members of the City Council FROM: Steven G. Pasarow, Redevelopment Operations Manager ,6 (� SUBJECT: Proposal by the Estudillo Restoration Association to prepare and execute a Holiday Celebration Event at the Estudillo Mansion and grounds on December 10, 2005. RECOMMENDATION: Approve the concept plan to allow the members of the Estudillo Restoration Association (ERA) to plan and execute a Holiday Celebration Event on Saturday, December 10, 2005 at the Estudillo Mansion and grounds. BACKGROUND: The City of San Jacinto has held an annual tree lighting and holiday celebration event in Hoffman Park for the past several years. The community has come to enjoy and expect this event in celebration of the holidays. This event typically includes tree lighting, snow for the children to play in, entertainment, live reindeer and refreshments. JUSTIFICATION: The ERA desires to plan, organize and execute a holiday celebratory event utilizing the Estudillo Mansion and grounds as the locale instead of Hoffman Park. This does not preclude the City from holding its own tree lighting in Hoffman Park as in past years however; the ERA's plan is that their event be the main City holiday season celebration event. The ERA is proposing that its members will provide all services necessary to plan, organize and execute this event and to act as guides for tours of the mansion (if restoration is complete) and grounds, traffic control and overall event coordination. The ERA wishes to utilize this event to promote community awareness of the City and of the Estudillo Mansion and the Estudillo family history as well as generate interest in the preservation of the Mansion and grounds. Approvals City Manager: 17/7K? Finance Director. Page 1 of 2 This proposal in concept form was discussed at a regular meeting of the Estudillo Mansion Committee held on November 3, 2004. During that meeting, the Committee approved the concept and asked that the ERA prepare a memo for presentation to the City Council for the 2005 holiday season. If the City Council should approve of this event concept, the ERA will begin planning the event and bring more formal event plans back to the City Council for final approval later in the year. BUDGETARY IMPACT: The City budgets funds for City sponsored events like the Fourth-of-July, Veteran's Day and the annual Tree Lighting Event during the normal budgetary process. In 2004, the City's budget for the tree lighting event was $1 ,500. The ERA plans to hold several fund raisers during the year to raise funds for this public event. Depending upon how much funding is actually raised during the period up to the event; the ERA may or may not request the City to provide supplementary assistance for this community event. It is not known how much, if any, City funds may be needed until more details become available. If the ERA should require supplementary funding assistance from the City, they will provide a budget breakdown when it brings a formal plan back to the City Council for final approval. ATTACHMENTS: Memo dated February 18, 2005: Proposal to the Committee of Seven/San Jacinto City Council Page 2 of 2 PROPOSAL TO TIE COMMITTEE OF SEVEN/SAN JACINTO CITY COUNCIL Date: February 18, 2005 What we would like to do: Permission to plan and execute a Holiday _ celebration at the Estudillo Mansion. Mansion lighting, tree Iighting and a visit from Santa. Details to be presented or finalized by Committee Members. Why we want to do it: Promote community awareness and invite participation in the development of the Francisco Estudillo Historical Park How we want to do it: Utilizing volunteers to receive, act as guides, and provide traffic control for the guests. The number of volunteers will be adequate to the number attending. When we would like to do it: From 5:00 p.m.-8:00 pa. on ____yDecember 10, 2005. Who has to approve what we want to do: Submitted to the Committee of Seven for the City of San Jacinto for their perusal and approval, upon which said proposal will become an item for the agenda of the City Council for March:, 2005. We hereby request acknowledgment of referral to the agenda 11- Questions may be directed to Del Kroker at 654-9270. Respectfully submitted, Del Kroker, Member of Estudillo Restoration Association t • d dS2 : TO SO 20 JeW ' .-.3r- aoaaaatu aoueui e6ed btu spnoadtht uo!laldwoa jo ao!loN '4 :S1N3WHOV11V •spuns lueweeJ6y luewdolanaa ao 'saes loedwl luewdolanaa ){Jed 'amesa21 puny leJeua0 :saoinos 6u!mo!lok eqj jo wow Jo auo walk 960'Ziip$ jo uolle!Jdedde Ieuo!1!ppe ue tam Ilounoa of Noeq awoo !l!M gels •speraid onnl asail .iok 000'908$ pale!idadde sey I!ounoa •960`Ll7Z`6$ s! ism pa}oafoJd lelol eleidwoo ail '90£'ZL6$ le pelew!lse s! Z lied I. aseyd '06L'17LZ$ sI I. 1-led I aseyd J01 pale6!Igo Apeei a sluewanadw! punoa6Aeld Need all :13Vd u A21V13Jaf18 •suo!s!nad pa uoo all yl!M I(ldwoo of &i sseoeu s! spunk jo eseeiaa pue loafed an jo eoueldaooe ayl :N0I1VoId11Sf1P '06'9£81i76Z$ seen Ism loaluoo Ielol ayl •loafed ay; uo auop )IJom paI!ouooaJ of anp lunowe lowluoo all JeA0 9£'9£i`81.$ leuol3!ppe ue pue 99'1,1,911 jo lunowe ayl u! Jai = e6uego auo penadde Ala 941 Vonn Ieu!6!Jo NI of uo!l!ppe uI '900Z '9Z IGenagas Aq )IJ0M palnpayos ayl lie eleldwoo of pue 1700Z '6Z JagwenoN uo )lJonn ayl llels of panss! sem paaoad 01 e0!1ON ayl '1700Z '91, JagwenoN uo 'Alluenbesgns •Aoua6u!luoo (yogi, snld '00'06L' 7LZ$ jo lunowe all u! 'all 'uo!lonalsuoa ,(oe6a-1 •S•O 01 heJ1Uoo s)IJOM o!lgnd e papJeme I!ounoa APO eq '1700Z '6Z aegolo0 u0 :aNf1021J)IoVB •uo!laldwoa jo ao!loN ayl ko uollepaooei Jaw step (0£) Aim '69'£917'6Z$ jo lunowe all u! uo!luelaa jo asealaa ail ez!aoylne (Z pue :sluewanadwl eaay ' Id olu!oer ues ogoue21 .Jok uo!laldWOO 10 GOWN ayl enadde (I, :uogow ice :NOIIVON3WWO3321 uo!laldwoa jo eo!loN —slueweAoadwl e9JV Aeld olu!oer ues oyoue21 :la3f 8ns (112 luepueluuedns s)IaoM o!lgnd WIJalul 'Jewels P3 :W021d ounoa Ella all ko sJeqwen pue JoAeW algeaouoH au :01 900Z 'L I!ady W31I VaN39V WHEN RECORDED RETURN TO: CITY CLERK: City of San Jacinto 201 E. Main Street San Jacinto, Ca 92583 NOTICE OF COMPLETION FOR RECORDERS USE ONLY Notice is hereby given by the undersigned owner, the fee simple owner of the project site and a political subdivision of the State of California, that a public work of improvement described as Rancho San Jacinto Play Area Improvements has been completed and was accepted by the undersigned awarding authority on the date hereof. The Contractor on such work was C. S. Legacy Construction , Inc. and the surety bond is with Arch Surety Insurance Company. The real property upon which said work was performed is in the City of San Jacinto, County of Riverside, State of California and described as: Rancho San Jacinto Play Area Improvements. Date: March 9, 2005 City of San Jacinto (Date of Completion) (Name of Political Subdivision) By Title: Public Works Superintendent STATE OF CALIFORNIA COUNTY OF RIVERSIDE I hereby certify that I am the City Clerk of the City Council of the City of San Jacinto, California the political subdivision which executed the foregoing notice and on whose behalf I make this verification: and that the same is true. I certify under penalty of perjury that the foregoing is true and correct. Executed at San Jacinto, California on , 2005. vo . 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'. ,,-„i k. - . 1 ' 1 . _i,•'.4., ' ., .P4, • . ..-'ir•7 1 41 i*. a fi ,'.4, .. '.. ,t Ttt t I • . .'We 1. ...r., 0.11 ,kt . te '..'• i ' , • , • 1 • . .,. , ,„ • .,- . • , • • . .- .44.• - , 4- ' . ; . . k .... ' 'Cli.' • . 12 I. x.. • ' el• A!, ,' ,, . ' / I t • i t, ": • 1 ' , I :I 'a I•A ' 1 ... 4-.,'. ,' .1 4 .1_ ,• . . "• ' % 1 t 13 . ,44.1 , . :41: \ : t.4 • .1•':/j,' t .; • . ,`v .• r • '' r(t.', ,y(. O. . ; .. II! -.• ..i 1 b • .lik• , : ..• I... It\.' I A •'S I. ,‘i,'i , •.,) kIll , . . ' ! I 1 I , I III :LI' , ' 1 i I , ,‘ . . '141 I • I . • ,•Jr ,,, . '.. • , . 1 t • k ,i,o • . - zi g ,•.e.,; , . ,/ i , •-• .; ' • - . -,. .., . • / t 1V. t : . . li 4.., I '• 1. '... ‘ , -,... . - r ; •1 . ; . ; • I • t • • _ * ' 4 • I 199VESTMENTS TATE PR®Pj.m..% 555 E. Florida Avenue • Hemet, California 92543 (951 ) 652-6416 • FAX (951 ) 652-8039 9 March 2005 Mr. Peter Cosentini City of San Jacinto 201 E. Main St. San Jacinto, Calif 92583 Dear Mr. Cosentini: As requested, I have researched the commercial property located on State street assessors parcel numbers 435-040-016,435-055-055 & 435-071-013. Subject property consists of three parcels of land (6.83 acres as per assessors rolls), and a partially completed commercial building with gross floor area of 27,000 square feet. Floor area as per owners estimate. Aran Incorporated,the owner of the property,has expressed interest in selling or leasing the property under the following terms. SALE. $4,500.000.00 with new owner to finish construction. LEASE . Ground floor $ 1 .25 per square foot gross. Second floor $ 1 . 10 per square foot gross . Seller has not entered into any contractual leases or rental agreements at this time. Research shows a purchase price of ONE HUNDRED FORTY SIX THOUSAND FIVE HUNDRED DOLLARS ($146,500.00) for all three parcels on August 29, 2001 . There is an existing construction} loan of TWO MILLION THREE HUNDRED SEVENTY FIVE THOUSAND DOLLARS($2,375,000.00). Sincerely, 9. L. P1 Jim Potts Broker Property Profile RIVERSIDE— I Prepared By: Prepared For: Parcel Number: 435- 040-016 Phone: Ownership: CORP Owner 1 : AZAN INC Pg-Grd: Owner 2: Census: 0435 . 022 Site Address: Zoning: Site City/State: SAN JACINTO CA 92582 Tract: 00000 - 00 Mail Address: 531 W DEVONSHIRE AVE Lot/Block: P- 0002 / Mail City/State: HEMET CA 92543 Flood Panel: Legal Description: 1 . 32 ACRES M/ L IN POR PAR 2 PM 060 /016 PM 12112 Property Characteristics Use Description: VACANT COMMERCIAL PROPERTY Year Built: Square Feet: Pool: Beds/Baths: Additional: View: Num Stories: Roof: Gar SqFt: Num Units: Heat/Cool: Gar Type: Lot Size: 1 . 32 A Fireplace: Car SqFt: Gas: Half Bath: Gar Type2: Sewer: 3/4 Bath: Out Imp: Electric: StSurf: Water: Sale/Loan Information Last Trans W/O $: Last Trans W/O $ Doc#: Sale Date: 8I0 O01. Doc Number: 417311 Buyer AZAN INC Sale Amount: $ 146 , 500 Cost per SqFt: Seller: 1st Trust Deed: Loan Type: Lender: FIRST AMER SAV +Adds: Prey Date: Title: Prey Amout: Assessment/Tax Information Assessed Value: $ 46 , 543 Tax Amount: $ 53=' J12 Land Value: $ 46 , 543 Status: CUR Improvement: 5o Tax Rate Area: 010 ( .a '°, % Improvement: 0 t Exempt: Tax Year: 2003 -2004 Copyright DataQuick Information Systems 1998-2000. The above information is sourced from public information and is not guaranteed. Profile R Property Profile RIVERSIDE I� Prepared By: Prepared For: Parcel Number: 435 - 055 - 055 Phone: Ownership: CORP Owner 1 : AZAN INC Pg-Grd: Owner 2: Census: 0435 . 022 Site Address: Zoning: Site City/State: SAN JACINTO CA 92582 Tract: 00000 - 00 Mail Address: 531 W DEVONSHIRE AVE Lot/Block: P-0001 / Mall city/State: HEMET CA 92543 Flood Panel: Legal Description: 4 . 77 ACRES M/L IN POR PARS 1 & 2 PM 060 / 016 PM 121 Property Characteristics Use Description: VACANT COMMERCIAL PROPERTY Year Built: Square Feet Pool: Beds/Baths: Additional: View: Num Stories: Roof: Gar SqFt: Num Units: Heat/Cool: Gar Type: Lot Size: 4 . < ' A Fireplace: Car SqFt: Gas: Half Bath: Gar Type2: Sewer: 3/4 Bath: Out Imp: Electric: StSurf: Water: Sale/Loan Information Last Trans W/O $: Last Trans W/O $ Doc#: Sale Date: 08 /29/ 2001 + Doc Number: 417311 Buyer: AZAN INC Sale Amount: $ 14 6 , 500 F Cost per SqFt: Seller: KIRTLAND , MARK & 1st Trust Deed: $27 , 865 Loan Type: /FIX/ Lender: SELLER +Addl: Prey Date: Title: ORANGE COAST TITLE Prey Amout: Assessment/Tax Information Assessed Value: $ 168 , 101 Tax Amount: $ 1 , 863 . . Land Value: $ 168 , 101 Status: CUR Improvement: $ 0 Tax Rate Area: 010035 Improvement: 0% Exempt: Tax Year: 2003 -2004 Copyright DataQuick Information Systems 1998-2000. The above information Is sourced from public information and is not guaranteed. Profile RI Property Profile RIVERSIDE I Prepared By: Prepared For: Parcel Number: 435- 071 - 013 Phone: Ownership: CORP Owner 1 : AZAN INC Pg-Grd: Owner 2: Census: 0435 . 022 Site Address: Zoning: CM Site City/State: SAN JACINTO CA 92582 Tract: 00000 - 00 Mail Address: 531 W DEVONSHIRE AVE Lot/Block: P- 0002 Mail City/State: HEMET CA 92543 Flood Panel: Legal Description: . 74 ACRES M/L IN POR PAR 2 PM 060/ 016 PM 12112 Property Characteristics Use Description: VACANT COMMERCIAL PROPERTY Year Built: Square Feet: Pool: Beds/Baths: Additional: View: Num Stories: Roof: Gar SqFt: Num Units: Heat/Cool: Gar Type: Lot Size: 32 , 234 Fireplace: Car SqFt: Gas: Half Bath: Gar Type2: Sewer: 314 Bath: Out Imp: Electric: StSurf: Water: Sale/Loan Information Last Trans W/O $: Last Trans W/O $ Doc#: Sale Date: 08 / 29 / 2001 + Doc Number: 417311 Buyer: AZAN INC Sale Amount: $ 146 , 500 F Cost per SqFt: Seller: KIRTLAND , MARK & 1st Trust Deed: $ 27 , 865 Loan Type: / FIX/ Lender: SELLER +Addl: Prey Date: Title: ORANGE COAST TITLE Prey Amout: Assessment/Tax Information Assessed Value: $ 104 , 670 Tax Amount: $ 1 , 137 . 38 Land Value: $ 104 , 670 Status: CUR Improvement: $ 0 Tax Rate Area: 010035 % Improvement: 0 % Exempt: Tax Year: 2003-2004 Copyright DataQuick Information Systems 1998-2000. The above information is sourced from public information and is not guaranteed. Profile Re • DOC a 2001 -43. 7311 .. RECORDING REQUESTED BY A .;e 00/20/2001 00 :00a Fe. :f0 .00 Pale 1 of 2 Doe T Tax Paid ORANGE COAST TITLE CO. r Recorded in Official Records County of Riverside AND WHEN RECORDED MAIL THIS DEED AND TAX STATEMENTS TO: i Gary i. , Orso Assessor , County Clerk 4 Recorder NNE AZAN INCORPORATED ADDRE98 350 STEPHEN5 AVE 111111! liii 01111 11111 11111 11111 VIII! Ill IlII lilt I R4 RIVERSIDE , CA 92501 L J Title Order No. R- 2 0 0 5 81 - 2 M s U PAGE SIZG DA PCOR Noc0R MP MSc 3, EscrowNo. 15582 -T 1 a l Assessor'sParcelNo. 435 -055 -055 / 435 -071 A43 DL Date August 2 , 200/1r -krt 4. hV v` OO�^ A R L COPY toND REPUTA NDHM EXAM T K GRANT DEED DL The undersigned declares that the documentary transfer tax is $ 161 . 15 and is computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale . (`V FOR A VALUABLE CONSIDERATION , receipt of which is hereby acknowledged , NARK KIRTLAND and BERTHA KIRTLAND , husband and wife as joint tenants do hereby GRANT to 4AAZAN INCORPORATED , a California corporation the following described real property in the City of , County of RIVERSIDE , State of California : THAT PORTION OF PARCELS 1 AND 2 OF PARCEL MAP 12 , 112 , AS SHOWN BY PARCEL MAP N FILE IN BOOK 60 PAGES 16 AND 17 OF PARCEL MAPS , RECORDS OF RIVERSIDE COUNTY , CALIFORNIA , MORE PARTICULARLY DESCRIBED ON EXHIBIT " A " ATTACHED HERETO AND MADE A PART HEREOF . >0194a-4472-4---C-2?-49 .1 ( b ittL MARK KIRTLAND BERTHA KIRTLAND STATE OF CALIP RNIA, COUNTY OF bra 5 Hi &E&ES }SS. FOR NOTARY SEAL OR STAMP On 4 - 1 u1 ' 01 before me , a Notary Public in and for said State , personally appeared HARK KIRTLAND and BERTHA KIRTLAND , personally known CO 121a (or proved to me on the basis of satisfactory ‘ evidence ) to be the persons whose names are subscribed to the within instrument and > MARC9JN0 acknowledged to me that they executed the same in _ '�� MACIAS their authorized capacities , and that by their s ,7.1. Commisskm # 1?.?$Oj3 signatures on the instrument the persons , or the Z y '`_" - California� � Nosy Public ntity on behalf of which the persona acted , r OR1ip z executed the instrument . `-J./ LOSAngelesCOUT1iy - - *Caning Ava.2003 WITNESS my hand and official seat MAIL TAX STATEMENTS AS DIRECTED ABOVE SSSl 270A REM. 7/94 Order No. R-200581 -2 SCHEDULE "A" The land referred to in this report is situated in the County of Riverside, State of California, and is described as follows: That portion of Parcels I and 2 of Parcel Map 12. 112, as shown by Parcel map on file in book 60 pages 16 and 17 of Parcel maps. records of Riverside County, California, described as follows: Beginning at the most Westerly corner of said Parcel 2 most Westerly corner being distant 30 feet Southeasterly from the center line Grand Avenue, as shown on said map. • Thence along the exterior boundary of said Parcel 2 of the following distances: South 44 degrees 56' 27" East. 650.69 feet: South 44 degrees 57' 48" West;205.96 feet; South 44 degrees 57' 56" East, 630.22 feet: North 44 degrees 44' 43' 21 " East, 36.36 feet; • North 69 degrees 58' 12 East 109.40 feet, North 0 degrees 04' 55" West. 290.08 feet: To the true point of beginning. Thence; South 89 degrees 59' 56" East, 485.00 feet; North 0 degrees 04' 55" West. 391 .64 feet; Thence along the Northerly boundary of said parcels 1 and 2 North 45 degrees 00' 11 " West 568.04 feet, to an angel point on salt Parcel I : Thence South 44 degrees 57' 48" West. 118.52 feet; Thence South 0 degrees 05' 49" East, 235.32 feet; Thence South 0 degrees 04' 19" West 474.29 To the True point of beginning. Said legal description is pursuant to that certain certificate of compliance (LLA 7-89) issued by the Community Developmer Department. City of San Jacinto as evidenced by document recorded December 3, 1989 as instrument no. 425516 of Office Records. ‘t E/ 4r . r IIIIIIIIIIIII111III1811IIIIIIIIIIIIIIIII IIIIIIIIIII BB28 z$i fa WA r 0, w . to 0 0 w t: d a� % CO 1 1 .51" . a . I• I ((�� I • ' 'Si N ' ` 0 0 I ; I (1 II • 0 _ _ I - _ I u o 0 C D b +` O $ v S as, , • al Jpdi . N M N // 'a • `C.11,� t' O • ' O o �' a ` P Q n , , As \ 'u O — — ram nods — — — — - s rC + ' , . - + - V - 71 c 0 o ,. 1JJ�11S , \ .�Fof ueY ah»vo". .,.., J1ty1S ' ill o as - • + _ - - - _ •' _ — __ — _ _ r _ __ _ __ _ _ _ ! _ ., �} o 18 e m m a 0 Nkk \ • 1 frl • 1, b arta FaC �, 4�. ,. , ; dda E pti Cidd y �. m O nO \ N ' ' N r n : v �e4 j ` ti- p � ! ` oJRV Z a 4 ' � • ` CS- ' a .N. I; L., a$ �� A " O� ••Se . P cot, a.--, a ! ,0 / na r1 �i to • • ® g " = Q ° / aV . k. 000 , : 0 4 A . g poe ti t 8W5 dq S. i S -3 N p .4 �g• NR SZ DI " .s Vat" N. R c N I � " III '.. ', • , o r 001..100WIlll I Description : Rinerside, CA Assessor Map 435. 7 Page : 1 of 1 Order: m Comment : c I •• �/ > 1 J I \ - - -• a•• tr 133 • HV039 `h � '4 fop a _. I 'N , _ _ _ _ -(4 q J'r '. I I N Ma Vs 4gP�' 'f .. \ n - - - - - I _ C]`i 11 It .- I I tit I I $ It III fie. {I I. 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W 3 o • • P IY I LI I a N "< - - - W 20 N O `li� • I� m I I •'1/1 it eN h Q 1 I• II 1.. ^ Y N U Q 1 b I' - I • -� I = I - I - I "I I • o � Ci t It. . • y t� h : a p i > Y .. b o i q i. y C 6 I p 1 a+ .I I 1. -- j p ID N ]Y Y mg 2 ICI _ I fl x I 1 l' I r• 1 1• I - I I i �r 1= - _ I,.- - •- � Q tib , Ja • . °Y'9[z / ./On Co nr a 0.NA CI i \ e - ...�. — -3RN 3�I V s- - ON$819 ' en2.«5, m N o . . % a 0 K : ; :1/4(71 Ei w V V _ - �` _ ._ _ _ _ _ O Q® 0 = 6'l0l ,igllllll it / 011011111 a,, . s � ag Description : Riverside, CA Assessor Map 435. 4 Page : 1 of 1 Order: m Comment : 1 . 0 •ww........,ee) , �� p! In it JA6 - YVOJ.0 `+� t: ^ f • i . ••34V HD'033 hg a 2 in saA` H r., / IITTT Dv- i 4- • cn aPpe p,,y 'JL / t l i o I ea ea I 4 . Q ° O slfir•, •' t3 ®Pao r1 4.1 4 J P I I 2 !Zk ,w ` �. 4 _ . _ _ _ _ % rx P ' Y,L rY 'b g! W J° We . I • a c l or, a.` ^ CL N = 4 _ _ - _ - � _ _ _ s � n Ca .N .r S. a .1 -I . 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Nd ..` Nee Ip y a. : i.v .r• I a � ` c� 0 aO S w1 c 'sia. a a - I /p \ k$ O ® O 01 9 •. eO 8 ` .6 Q o `� Q 2 � VV in.el y: y N se .a �C' a s .e a a n�V a aqC I - _• I I IA Q I ^. t..r or 9 •. I :r , a 0Ii RI ._• •.r a .e e.•a• r .nt.'s, y_ .,rs, a .,e..;J o ; • y - qQ ire o a..n.. .r. „0 a O ti ai F•n �' I f ) rrY]M"131 '� ^ i _ /YIIMV O lJ ^ $ 3.4Iv- . ..r..... - -0N{1 9 ���� o j Q a g 4 'I � • • w 4 : ; = nowo o 'e I2 a 2 ' t ; YR io - 1 � a or • . . • n i • gIa . • a 9 . Rw . 4I i 5Ei Z E � of •" w . Fz ‘ a K . 51 yy } C ii i i. ii a o • in . g * 4. .pr . . . t . a ; r • 9 . • Description : Riverside, CA Assessor Map 435 . 5 Page : 1 of 1 Order : m Comment : DOC 13 Z0031000876 12/24/2P0e9ea1 : ofAleee : 36 .00 RECORDATION REQUESTED BY: Recorded in Official Records Countay of Riverside Cary L . Clerk t1\t s`aa`serl, Co`u`ntlyLe` ���������I����������MAIL T0: II IIIIItI1�LN�11I Il�fI��1t WHEN RECORDED 1ST CENTENNIAL BANK REAL ESTATE LENDING DEPARTMENT 101 E. REDLANDS BLVD., SUITE 106 REDLANDS, CA 92373 M S u PAGE SIZE OA PCOR NOCOR Sin MSC SEND TAX NOTICES TO: ( AZAN INCORPORATED, a California Corporation ( V11 1 — 1� 531 W. DEVONSHIRE AVENUE HEMET. CA 92543 --- — — A R L COPY LONG REFUND NCND EXAM r+ CONSTRUCTION DEED OF TRUST 3 `VG THIS DEED OF TRUST is dated December 18, 2003, among AZAN INCORPORATED, a California Corporation, whose address is 531 W. DEVONSHIRE AVENUE, HEMET, CA 92543 ("Trustor"); 1ST CENTENNIAL BANK, whose address is REAL ESTATE LENDING DEPARTMENT, 101 E. REDLANDS BLVD., SUITE 106, REDLANDS, CA 92373 (referred to below sometimes as "Lender" and sometimes as 'Beneficiary"); and 1ST CENTENNIAL BANK, whose address is 101 E. REDLANDS BLVD., SUITE 106, REDLANDS, CA 92373 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Trustor Irrevocably grants, transfers and assigns to Trustee In trust, with power of sale, for the benefit of Lender as Beneficiary, all of Truslor's right, title, and Interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, Improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in RIVERSIDE County, State of California: See EXHIBIT 'ONE", which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set forth herein. The Real Property or its address is commonly known as 500 S. STATE STREET, SAN JACINTO, CA 92583. The Assessor's Parcel Number for the Real Property is 435-040-016-7 Trustor presently assigns to Lender (also known as Beneficiary In this Deed of Trust) all of Trustor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. This is an absolute assignment of Rents made in connection with an obligation secured by real properly pursuant to California Civil Code Section 2938. In addition, Trustor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF THE TRUSTOR UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE TO SECURE ANY ANDGNMENT OF RENTS AND THE SECURITY INTEREST IN ALL OF RUSTOR S OBLIGATIONS UNDER THAT CERTAIN CRONSTRUCTIONS AND PERSONAL LOAN AGREEMENT BETWEEN RUSTOR AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and In a timely manner perform all of Trustor's obligations under the Note, this Deed of Trust, and the Related Documents. CONSTRUCTION MORTGAGE. This Deed of Trust is a "construction mortgage" far the purposes of Sections 9-334 and 2A-309 of the Uniform Commercial Code, as those sections have been adopted by the State of California. POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) coiled the Rents from the Property. Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve Its value. Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1 ) During the period of Trustor's ownership of the Properly, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been, DEED OF TRUST Loan No: 0173384980 (Continued) Page 2 except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Properly by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of The Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Properly; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, Including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, al Trustor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and warranties contained herein are based on Trustor's due diligence In investigating the Property for Hazardous Substances. Trustor hereby (1 ) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under any such laws; and (2) agrees to Indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Trustor's ownership or Interest in the Property, whether or not the same was or should have been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of This Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other party the right to remove, any timber, minerals (Including oil end gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Trustor has notified Lender In writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty 10 Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. Construction Loan. If some or all of the proceeds of the loan creating the Indebtedness are to be used to construct or complete construction of any Improvements on the Property, the Improvements shall be completed no later than the maturity date of the Note (or such earlier dale as Lender may reasonably establish) and Trustor shall pay in full all costs and expenses in connection with the work. Lender will disburse loan proceeds under such terms and conditions as Lender may deem reasonably necessary to insure that the interest created by this Deed of Trust shall have priority over all possible Hens, including those of material suppliers and workmen. Lender may require, among other things, that disbursement requests be supported by receipfed bills, expense affidavits, waivers of liens, construction progress reports, and such other documentation as Lender may reasonably request. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale ar transfer, without Lender's prior written consent, of all or any part of the Real Properly, or any Interest In the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or Interest In the Real Property; whether legal, beneficial or equitable; whether voluntary or Involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease—option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Trustor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty—five percent (25%) of the voting stock, partnership interests or limited liability company Interests, as the case may be, of such Trustor. However, this option shall not be exercised by Lender if such exercise is prohibited by applicable law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Trustor shall pay when due (and in all events at least ten (10) days prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and Impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority over or equal to the Interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust. Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's Interest in the Property is not jeopardized. if a lien arises or is filed as a result of nonpayment, Trustor shall within fifteen (15) days after the lien arises or, If a lien is filed, within fifteen (16) days after Trustor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Trustor shad defend itself and Lender and shall satisfy any adverse judgment before enforcement against DEED OF TRUST Loan No: 0173384980 (Continued) Page 3 the Property. Trustor shall name Lender as an additional obligee under any surety bond furnished In the contest proceedings. Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any lime a written statement of the taxes and assessments against the Property. Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Trustor will upon request of Lender furnish to Lander advance assurances satisfactory to Lender that Trustor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to Insuring the Property ere a part of this Deed of Trust. Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Properly in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lander. Trustor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional Insureds in such liability insurance policies. Additionally, Trustor shall maintain such other insurance, Including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Notwithstanding the foregoing, in no event shall Trustor be required to provide hazard insurance in excess of the replacement value of the improvements on the Real Property. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to Ume the policies or certificates of insurance In form satisfactory to Lander, including stipulations that coverages will not be cancelled or diminished without al least ten (10) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage In favor of Lender will not be impaired in any way by any act, omission or default of Trustor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property Is located In a special flood hazard area, for the full unpaid principal balance of the loan end any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Trustor fails to do so within fifteen (15) days of the casualty. If in Lender's sole judgment Lender's security interest In the Property has been impaired, Lender may, at Lender's election, receive and retain the proceeds of any Insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If the proceeds are to be applied to restoration and repair, Trustor shall repair or replace the damaged or destroyed Improvements In a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost of repair or restoration if Trustor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Trustor as Trustor's interests may appear. Trustor's Report on Insurance. Upon request of Lender, however not more than once a year, Trustor shall furnish to Lander a report on each existing policy of insurance showing: (1) the name of the Insurer; (2) the risks Insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy. Trustor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's Interest in the Properly or If Trustor rails to comply with any provision of this Deed of Trust or any Related Documents, Including but not limited to Trustor's failure to discharge or pay when due any amounts Trustor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Trustor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, Including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lander for such purposes will then bear interest at the rale charged under the Note from the date Incurred or paid by Lender to the date of repayment by Trustor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be heated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Truslor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any He insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the evens any action or proceeding Is commenced that questions Trustor's title or the interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at Trustor's expense. Trustor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. DEED OF TRUST Loan No: 0173384980 (Continued) Page 4 Survival of Representations and Warranties. All representations, warranties, and agreements made by Trustor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect until such time as Trustor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to eminent domain and inverse condemnation proceedings are a part of this Deed of Trust: Proceedings. If any eminent domain or inverse condemnation proceeding is commenced affecting the Properly, Trustor shall promptly notify Lender in writing, and Trustor shall promptly take such steps as may be necessary to pursue or defend the action and obtain the award. Truslor may be the nominal party in any such proceeding, but Lender shall be entitled, at its election, to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Trustor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If any award is made or settlement entered into in any condemnation proceedings affecting all or any part of the Property or by any proceeding or purchase in lieu of condemnation, Lender may at its election, and to the extent permitted by law, require that all or any portion of the award or settlement be applied to the Indebtedness and to the repayment of all reasonable costs, expenses, and attorneys' fees Incurred by Trustee or Lender in connection with the condemnation proceedings. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (1 ) a specific tax upon this type of Deed of Trust or upon all or any pad of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Trustor which Trustor Is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Trustor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Trustor either (1) pays the tax before It becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to lime. Security Interest. Upon request by Lender, Trustor shell execute financing statements and take whatever other action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Truslor shall assemble any Personal Property not affixed to the Properly in a manner and at a place reasonably convenient to Trustor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which Information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a pad of this Deed of Trust: Further Assurances. Al any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, rafted, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1 ) Trustor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary In writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney-In-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Trustor and at Trustor's expense. For such purposes, Truster hereby irrevocably appoints Lander as Trustor's attorney-in-fact far the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to In the preceding paragraph. FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyence and shall execute and deliver to Trustor suitable statements of termination of any financing statement an file evidencing Lender's security interest in the Rents and the Personal Property. Lender may charge Trustor a reasonable reconveyance fee al the lime of reconveyance. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: Payment Default. Trustor fails to make any payment when due under the Indebtedness. DEED OF TRUST Loan No: 0173384980 (Continued) Page 5 Other Defaults. Trustor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Trustor. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or In any of the Related Documents. If such a failure is curable and if Trustor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, It may be cured (and no Event of Default will have occurred) if Trustor, after Lender sends written notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) If the cure requires more than fifteen (15) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. Default on Other Payments. Valium of Truslor within the lime required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. False Statements. Any warranty, representation or statement made or furnished to Lender by Trustor or on Trustor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security Interest or lien) at any Urns and for any reason. Insolvency. The dissolution or termination of Trustor's existence as a going business, the Insolvency of Trustor, the appointment of a receiver for any part of Trustor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by Judicial proceeding, self—help, repossession or any other method, by any creditor of Trustor or by any governmental agency against any property securing the Indebtedness. This Includes a garnishment of any of Trustor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Trustor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and If Trustor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Trustor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event al a death, Lender, at its option, may, but shah not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A materiel adverse change occurs in Trustor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender In good faith believes itself insecure. Right to Cure. If such a failure is curable and if Trustor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Trustor, after Lender sends written notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Dead of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Election of Remedies. Election by Lender to pursue any remedy shell not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Foreclosure by Sale. Upon an Event of Default under this Deed of Trust, Beneficiary may declare the entire Indebtedness secured by this Deed of Trust immediately due and payable by deNvery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold the Property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed of Trust, the Note, other documents requested by Trustee, and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of the notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shag sell the Property at the time and place fixed by it in the notice of sale, either as a whole or in separate parcels, and In such order as it may determine, al public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement in accordance with applicable law. Trustee shall deliver to such purchaser its deed conveying Me Property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee or Beneficiary may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by few in effect al the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. Judicial Foreclosure. With respect to aft or any part of the Real Properly, Lender shall have the right in lieu of foreclosure by power of sale DEED OF TRUST Loan No: 0173384980 (Continued) Page 6 to foreclose by judicial foreclosure in accordance with and to the full extent provided by California law. UCC Remedies, With respect to all or any pad of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code, including without limitation the right to recover any deficiency In the manner and to the full extent provided by California law. Collect Rents. lender shall have the right, without notice to Trustor to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Trustor irrevocably designates Lender as Trustar's attorney-in-fact to endorse Instruments received in payment thereof in the name of Trustor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise Its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lenders right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Tenancy at Sufferance. If Trustor remains In possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Trustor, Truslor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or by law. Notice of Sale. Lender shall give Trustor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Properly may be made in conjunction with any sale of the Real Property. Sale of the Properly. To the extent permitted by applicable law, Trustor hereby waives any and all rights to have the Property marshalled. In exercising its rights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate safes. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender Incurs that in Lender's opinion are necessary at any time far the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expanses covered by this paragraph Include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic slay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal lees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The fallowing provisions relating to the powers and obligations of Trustee are part of this Deed of Trust: Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Trustor. (a) join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; (b) join In granting any easement or creating any restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Obligations to Notify. Trustee shall not be obligated to notily any other party of a pending sale under any other trust deed or lien, or of any action or proceeding in which Trustor, Lender, or Trustee shall be a party, unless the action or proceeding is brought by Trustee. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice end sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded In the office of the recorder of RIVERSIDE County, State of California. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page where this Deed of Trust is recorded, and the name and address of the successor trustee, and the instrument shall be executed end acknowledged by Lender or Its successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution. Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. NOTICES. Any notice required to be given under this Deed of Trust shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimiie (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the DEED OF TRUST Loan No: 0173384980 (Continued) Page 7 beginning of this Deed of Trust. Trustor requests that copies of any notices of default and sale be directed to Trustor's address shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any party may change Its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors. STATEMENT OF OBLIGATION FEE. Lender may collect a fee, not to exceed the maximum amount permitted by law, for furnishing the statement of obligation as provided by Section 2943 of the Civil Code of California. FACSIMILE AND COUNTERPART. This document may be signed In any number of separate copies, each of which shall be effective as an original, but all of which taken together shall constitute a single document. An electronic tramsmisslon or other facsimile of this document or any related document shall be deemed an original and shall be admissible as evidence of the document and the signers execution. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon request, a certified statement of nel operating income received from the Property during Trustor's previous fiscal year In such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Arbitration. Trustor and Lender agree that all disputes, claims and controversies between them whether Individual, joint, or class in nature, arising from this Dead of Trust or otherwise, Including without limitation contract and tort disputes, shall be arbitrated pursuant to the Rules of the American Arbitration Association in effect at the time the claim Is filed, upon request of either party. No act to take or dispose of any Property shall constitute a waiver of this arbitration agreement or be prohibited by this arbitration agreement. This Includes, without limitation, obtaining injunctive relief or a temporary restraining order; Invoking a power of sale under any deed of trust or mortgage; obtaining a writ of attachment or Imposition of a receiver; or exercising any rights relating to personal property, including taking or disposing of such property with or without judicial process pursuant to Article 9 of the Uniform Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or reasonableness of any act, or exercise of any right, concerning any Property, including any claim to rescind, reform, or otherwise modify any agreement relating to the Property, shall also be arbitrated, provided however that no arbitrator shall have the right or the power to enjoin or restrain any act of any parry. Trustor and Lender agree that In the event of an action for judicial foreclosure pursuant to California Code of Civil Procedure Section 726, or any similar provision In any other state, the commencement of such an action will not constitute a waiver of the right to arbitrate and the court shall refer to arbitration as much of such action, Including counterclaims, as lawfully may be referred to arbitration. Judgment upon any award rendered by any arbitrator may be entered in any court having Jurisdiction. Nothing in this Deed of Trust shall preclude any party from seeking equitable relief from a court of competent Jurisdiction. The statute of limitations, estoppel, waiver, Inches, and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed the commencement of en action for these purposes. The Federal Arbitration Act shall apply to the construction, Interpretation, and enforcement of this arbitration provision. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other Interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by, construed and enforced In accordance with federal law and the laws of the State of California. This Deed of Trust has been accepted by Lender In the Slate of California. Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of RIVERSIDE County, State of California. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender In exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent Is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unentorceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations staled in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust shall be binding upon and Inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. DEED OF TRUST Loan No: 0173384980 (Continued) Page 8 Time Is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waive July. All parties to this Deed of Trust hereby waive the right to any Jury trial In any action, proceeding, or counterclaim brought by any party against any other party. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined In this Deed of Trust shall have the meanings attributed to such terms In the Uniform Commercial Code: Beneficiary. The word "Beneficiary" means 1ST CENTENNIAL BANK, and its successors and assigns. Borrower. The word 'Borrower" means AZAN INCORPORATED, a California Corporation, and all other persons and entitles signing the Note in whatever capacity. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default. The word 'Default" means the Default set forth in this Deed of Trust in the section tilled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLAl, the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., Chapters 6,5 through 7,7 of Division 20 of the California Health and Safety Code, Section 25100, et seq., or other applicable stale or federal laws, rules, or regulations adapted pursuant thereto. Event of Default. The words 'Event of Default" mean any of the events of default set forth In this Deed of Trust in the events of default section of this Deed of Trust. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, Including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or fisted under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, Interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's obligations under this Dead of Trust, together with Interest on such amounts as provided in this Deed of Trust. Lender. The word "Lender" means 1ST CENTENNIAL BANK, its successors and assigns. Note. The word "Note" means the promissory note dated December 18, 2003, In the original principal amount of $2,375,500.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations ol, and substitutions for the promissory note or agreement. NOTICE TO TRUSTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Properly. The words "Personal Property' mean ail equipment, fixtures, and other articles of personal property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; Together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. The words "Personal Property° also include all tangible and intangible items obtained or owned by, or in the possession of Trustor that are directly or Indirectly related to the acquisition, development, design, construction, permitting, marketing, or habitation of the Real Property or the Improvements to be constructed on the Real Property, whether heretofore or hereafter Issued, prepared, or executed, Including without limitation all permits, licenses, authorizations and approvals, trademarks and tradenames, and any and all land use entitlements, development rights, sewer capacity, approvals, density allocations and other rights or approvals relating to or authorizing the development or occupancy of the Property, plus all utility or other deposits, reimbursement rights, studies, tests, contracts, plans and specifications, relating to the Property and Improvements. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Properly. The words "Real Property' mean the real property, interests and rights, as further described in this Deed of Trust. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed In connection with the Indebtedness. Rents. The word "Rents" means all present and luture leases, rents, revenues, income, Issues, royalties, profits, and other benefits derived from the Property together with the cash proceeds of the Rents. Trustee. The word 'Trustee" means 1ST CENTENNIAL BANK, whose address Is 101 E. REDLANDS BLVD., SUITE 106, REDLANDS, CA 92373 and any substitute or successor trustees. Trustor. The word 'Trustor means AZAN INCORPORATED, a California Corporation. DEED OF TRUST Loan No: 0173384980 (Continued) Page 9 TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR AGREES TO ITS TERMS, INCLUDING THE VARIABLE RATE PROVISIONS OF THE NOTE SECURED BY THIS DEED OF TRUST, TRUSTOR: AZAN INCORP ED, A ALI c r - NIA CORPORATION By: a } , ABBAS RAMAZAN, - resident I • • N INCORPORATED, a California Corporation �' CERTIFICATE OF ACKNOWLEDGMENT STATE OF lin ) fTC )rni Q ) ) e- ) SS COUNTY OF -h`Berr> nrelyno )On "Delember ! /f rayl n ,i nL personally appeared ABBAS RA AZAN, personally known to me to be the persoh(jQ. whose names) is/9r/. subscribed to the within Instrument and acknowledged to me that he/Sltlyty executed the same in his/l1`(/tlyir authorized capacity(fbet and that by his/lied/thdir signature( on the Instrument the personIC, or the entity upon behalf of which the person acted, executed the instrument. ftWITNESS my hand and official seal •� ' Notary Public • Colifornla C. \1`h% Son Bernardino County MYConm. E>Wlressep la Sign • ure a. �,S La) •1 . Li / 12 _ _ al) (DO NOT RECORD) REQUEST FOR FULL RECONVEYANCE (To be used only when obligations have been paid In full) To: , Trustee The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums secured by this Deed of Trust have been fully paid and satisfied. You ere hereby directed, upon payment to you of any sums owing to you under the terms of this Deed of Trust or pursuant to any applicable statute, to cancel the Note secured by this Deed of Trust (which is delivered to you together with this Deed of Trust), and to reconvey, without warranty, to the parties designated by the terms of this Deed of Trust, the estate now held by you under this Deed of Trust. Please mall the reconveyance and Related Documents to: • Dale: Beneficiary: BY: Its: LASER mu lending. Wr. 5.21.50.002 tepr Harland fIna milli %flown• Inc 'all. 2003 All Air,, H•••rv•d, - CA th1CFTWICFM.PLM MO ITC m-,,61 PR-le EXHIBIT " ONE" That portion of Parcel (s) 1 and 2 of Parcel Map No . 12112, in the City of San Jacinto, as shown by map on file in Book 60, Page(s) 16 through 17, inclusive, of Parcel Maps, in the Office of the County Recorder of Riverside County, California, described as follows: Beginning at the most Westerly corner of said Parcel 2 most Westerly corner being distant 30 feet Southeasterly from the center line Grand Avenue, as shown on said Map; thence along the exterior boundary of said Parcel 2 of the following distances; thence South 44° 58'27' East, 650.69 feet; South 44° 57' 48 " West, 205 .96 feet; thence South 44° 57 ' 58 " East, 630 .22 feet; thence North 44° 43 ' 21 " East, 36 .36 feet; thence North 89° 58 ' 12" East, 109 .40 feet; thence North 0° 04' 55 " West, 290.08 feet, to the true point of beginning; thence South 89° 59' 56 " East, 485 .00 feet; thence North 0° 04' 55 " West, 391 .84 feet; thence along the Northerly boundary of said Parcels 1 and 2 North 45° 00' 11 " West, 568 .04feet, to an angle point on said Parcel 1 ; thence South 44° 57' 48 " West, 118 .52 feet; thence South 0° 05' 49 " East, 235.32 feet; thence South 0° 04' 19 " West, 474.29 feet, to the true point of beginning, pursuant to that certain Certificate of Compliance (ILA 7-89) issued by the Community Development Department, City of San Jacinto as evidenced by document recorded December 3, 1989 as Instrument No . 425516 , of Official Records. AGENDA ITEM 5 7 April 7, 2005 TO: The Honorable Mayor and Members of the City Council FROM: City Attorney SUBJECT: Ordinance No. 05-11 for consideration and adoption of an Amendment to the Redevelopment Plan for the Original Area of the San Jacinto Redevelopment Project Extending the Plan Effectiveness Deadline and the Tax Increment Receipt Deadline by Up to Two Years RECOMMENDATION: By motion, approve introduction and first reading of Ordinance No. 05-11 and by further motion read by title only: AN ORDINANCE OF THE CITY OF SAN JACINTO EXTENDING THE PLAN EFFECTIVENESS DEADLINE AND THE TAX INCREMENT RECEIPT DEADLINE FOR THE ORIGINAL AREA OF THE REDEVELOPMENT PLAN FOR THE SAN JACINTO REDEVELOPMENT PROJECT BY UP TO TWO YEARS BACKGROUND: California Senate Bill 1096 ("SB 1096") which was approved by the Governor on August 5, 2004, requires all redevelopment agencies to make an allocation in the 2004-05 and the 2005-06 fiscal years to the Education Revenue Augmentation Fund ("ERAF"). Pursuant to SB 1096 the Agency will make a payment of $186,264.76 to the ERAF fund for the 2004-05 fiscal year. To mediate the effects of the mandated 2004-05 and 2005-06 ERAF payments on redevelopment agencies, SB 1096 additionally amended the California Redevelopment Law to allow redevelopment agencies to extend the effectiveness of, and the timeframe to, receive tax increment revenues for Approvals City Manager: T Finance Director: Page 1 of 3 RV PUB\HAV IVA.SHANE\691331_1 redevelopment plans adopted on or before December 31 , 1993. Such redevelopment plans may be extended by one year for each year in which an ERAF payment is made pursuant to SB 1096, for a total extension of up to two years. This time extension applies to redevelopment plans for which the effectiveness of the redevelopment plan is more than ten years but less than twenty years from the last day of the fiscal year in which an ERAF payment is made pursuant to SB 1096. The amendment to the redevelopment plan may be implemented by an ordinance of the legislative body that includes certain required findings, and does not require any noticing, hearings or documentation. In accordance with California Law, redevelopment plans adopted prior to January 1 , 1994 must establish a timeframe for the redevelopment plan of not more than 40 years or 2014, whichever is later. Additionally, an agency may receive tax increment for up to 10 years after the effectiveness of the redevelopment plan . In 1983, the City Council adopted Ordinance No. 754, adopting the Redevelopment Plan for the San Jacinto Redevelopment Project for the redevelopment project area therein defined as the "Original Area". On December 20 , 1994 the City Council adopted Ordinance No. 1006 which, among other things, provides that the effectiveness of the Redevelopment Plan as to the Original Area expires on June 28, 2023 ("Effectiveness Deadline"), and that the Agency's authority to receive property taxes under the Redevelopment Plan as to the Original Area expires on June 28, 2033 ("T/I Deadline"). Pursuant to CRL Section 33333.6(e)(2)(C), the aforementioned Effectiveness Deadline and T/I Deadline have been extended for one ( 1 ) year pursuant to an ordinance of the City Council in order to help mitigate the fiscal impact of the Agency's payment to the Educational Revenue Augmentation Fund ("ERAF") required pursuant to CRL Section 33681 .9 for the 2003-2004 fiscal year. The current Effectiveness Deadline for the Original Area is June 28, 2024 and the current T/I Deadline for the Original Area is June 28, 2034. JUSTIFICATION : Adopting the attached ordinance will extend the effectiveness of the Redevelopment Plan as to the Original Area and the ability to receive tax increment and pay indebtedness as applies to the Original Area, for up to two (2) additional years. If the City Council adopts the attached ordinance, on the date the Agency makes the 2004-2005 ERAF payment, the new Effectiveness Deadline for the Redevelopment Plan as to the Original Area will be June 28, 2025 and the T/I Deadline will be June 28, 2035. In addition, if the City Council adopts the attached ordinance, on the date the Agency makes the 2005-2006 ERAF payment, the Effectiveness Deadline for the Redevelopment Plan as to the Original Area will be June 28, 2026 and the T/I Deadline will be June 28, 2036. Extending the Effectiveness Deadline and the T/I Deadline of the Redevelopment Plan for the Original Area will allow the Agency to reissue bonds at a more Page 2 of 3 RVPUB\HAVIVA.SHANE\691331 .1 favorable finance rate, providing additional funds which the Agency will use for various Agency projects within the City. BUDGETARY IMPACT: The recommended action has no negative fiscal impact; however the Agency will receive tax increment for up to two (2) additional years. ATTACHMENTS: • Ordinance No. 05-11 Page 3 of 3 R V P UBIHAV IV A.S HAN E1691331.1 STATE OF CALIFORNIA ) ORDINANCE NO. COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO AN ORDINANCE OF THE CITY OF SAN JACINTO EXTENDING THE PLAN EFFECTIVENESS DEADLINE AND THE TAX INCREMENT RECEIPT DEADLINE FOR THE ORIGINAL AREA OF THE REDEVELOPMENT PLAN FOR THE SAN JACINTO REDEVELOPMENT PROJECT BY UP TO TWO YEARS WHEREAS , pursuant to the provisions of the California Community Development Law ("CRL") (Health and Safety Code Section 33000 et seq.), on June 28, 1983 , the City Council of the City of San Jacinto ("City Council") enacted Ordinance No. 754, adopting a Redevelopment Plan for the San Jacinto Redevelopment Project ("Redevelopment Plan") for the redevelopment project area therein defined (the "Original Area"); and WHEREAS , the Redevelopment Plan was subsequently amended by the City Council on December 28, 1993 by Ordinance No. 992 ("Amendment No. 1 ") in order to, among other things, include certain territory in the Redevelopment Plan (the "Added Area"); and WHEREAS, on February 20 , 1996, the City Council duly passed and adopted Ordinance No. 1021 ("Amendment No. 3") , which removed a certain portion of the Added Area from the Redevelopment Plan ; and WHEREAS, pursuant to the provisions of the CRL the San Jacinto Redevelopment Agency ("Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan; and WHEREAS, on December 20, 1994 the City Council adopted Ordinance No. 1006 which, among other things, provides that the effectiveness of the Redevelopment Plan as to the Original Area expires on June 28, 2023 ("Effectiveness Deadline") . WHEREAS, Ordinance No. 1006 also provides, among other things, that the Agency's authority to receive property taxes under the Redevelopment Plan as to the Original Area expires on June 28, 2033 ("T/I Deadline"). WHEREAS, pursuant to CRL Section 33333.6(e)(2)(C), the aforementioned Effectiveness Deadline and T/I Deadline have been extended for one (1 ) year pursuant to an ordinance of the City Council in order to help mitigate the fiscal impact of the Agency's payment to the Educational Revenue Augmentation Fund ("ERAF") required pursuant to CRL Section 33681 . 9 for the 2003-2004 fiscal year. The current Effectiveness Deadline for the Original Area is June 28, 2024 and the current T/I Deadline for the Original Area is June 28, 2034. RV PUB\HAVIVA.SHANE\691314.I WHEREAS, the aforementioned Effectiveness Deadline and T/I Deadline may be extended pursuant to CRL Section 33333.6(e)(2)(D)(ii) by one ( 1 ) year for each year a payment is made to the Educational Revenue Augmentation Fund ("ERAF"), as required by CRL Section 33681 . 12 for the 2004-2005 and the 2005-2006 fiscal years, for a total extension of up to two (2) years under CRL Section 33333.6(e)(2)(D)(ii) . WHEREAS, the City Council may extend the Effectiveness Deadline and T/I Deadline by adopting an ordinance that includes the findings required by CRL Section 33333.6(e)(2)(D)(ii) ("Ordinance") in order to help mitigate the fiscal impact of the Agency's required ERAF payments for the 2004-2005 and 2005-2006 fiscal years. WHEREAS , the Redevelopment Plan for the Original Area was established prior to December 31 , 1993, and the Effectiveness Deadline for the Redevelopment Plan as to the Original Area is more than ten ( 10) years but less than twenty (20) years from the last day of the fiscal year in which an ERAF payment will be made pursuant to CRL Section 33681 . 12 . WHEREAS, the Agency desires to extend its Effectiveness Deadline and T/I Deadline in accordance with CRL Section 33333.6(e)(2)(D)(ii) ; and WHEREAS, Agency staff has determined that extending the Effectiveness Deadline and the T/I Deadline are actions exempt from the requirements of the California Environmental Quality Act ("CEQA"), pursuant to: (i) State CEQA Guidelines Section 15061 (b)(3) , because it can be seen with certainty that such approval will not involve commitment to any specific project which may result in a potentially significant physical impact on the environment, and (ii) State CEQA Guidelines Section 15378(b) , because such approval constitutes the creation of a funding mechanism and/or other governmental fiscal activity. THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, DOES ORDAIN AS FOLLOWS : Section 1 . Findings. In accordance with CRL Section 33333.6(e)(2)(D)(ii), the City Council hereby finds the following: ( 1 ) The Agency is in compliance with the requirements of CRL Section 33334.2, and accordingly, has allocated not less than twenty (20) percent of tax received by the Agency pursuant to CRL Section 33670 for the purpose of increasing, improving and preserving the community's supply of low and moderate income housing available at affordable housing costs. (2) The Agency has adopted a five-year implementation plan in accordance with the requirements of CRL Section 33490, said plan was last updated and adopted on December 16, 2004 by Resolution No. 04-02 of the Agency Board . RV PUB\HAVIVA.SHANE1691314. I (3) The Agency is in compliance with CRL Section 33413 (a) and (b), including the requirement under CRL Section 33413(b)(4) to adopt an affordable housing plan as part of the five-year implementation plan required under CRL Section 33490 . A housing component was included as part of the five-year implementation plan adopted on December 16, 2004 by Resolution No. 04-02 of the Agency Board . (4) The Agency is not subject to sanctions pursuant to CRL Section 33334. 12(e) for failure to expend , encumber or disburse and excess surplus. Section 2. Pursuant to CRL Section 33333 .6(e)(2)(D)(ii) , the City Council of the City hereby extends the Effectiveness Deadline and the T/I Deadline of the Redevelopment Plan for the Original Area for one (1 ) additional year for each year an ERAF payment is made pursuant to CRL Section 33681 . 12. Section 3. On the date the Agency makes the 2004-2005 ERAF payment, the Effectiveness Deadline for the Original Area of the Redevelopment Plan shall be extended for one year from June 28 , 2024 to June 28, 2025, and the T/I Deadline shall be extended for one year from June 28, 2034 to June 28, 2035 . Section 4. On the date the Agency makes the 2005-2006 ERAF payment, the Effectiveness Deadline for the Original Area of the Redevelopment Plan shall be extended for one year from June 28, 2025 to June 28, 2026, and the T/I Deadline shall be extended for one year from June 28, 2035 to June 28 , 2036. Section 5. The Redevelopment Plan shall remain in full force and effect, unmodified except as specifically amended by this Ordinance or any other ordinance of the City Council amending the Redevelopment Plan . Section 6. The Director of Finance is hereby authorized and directed to undertake such actions and execute such documents as may be reasonably necessary or convenient to the carrying out and administration of the actions authorized by this Ordinance. Section 7. The City Council hereby directs City staff to file a Notice of Exemption upon adoption of this Ordinance. Section 8. The City Clerk shall certify the adoption of this Ordinance and cause the same or a summary thereof to be published in the County of Riverside, State of California. RVPUB\HAVIVA.SHANE1691314.1 Introduced at a regular meeting of the City Council on the 7th day of April , 2005. Approved and adopted at regular meeting of the City Council on the day of , 2005, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto by Chris Carlson-Buydos, Mayor ATTEST: Dorothy L. Chouinard , City Clerk APPROVED AS TO FORM : City Attorney Best Best & Krieger LLP RVPUB\HAVI VA.SHANE\691314.1 Certification: I , Dorothy Chouinard , City Clerk of the City of San Jacinto do hereby certify that the foregoing Ordinance No. was passed and adopted by the City Council of the City of San Jacinto at a regular meeting thereof, held on the day of , 2005, and that the foregoing is full , true and correct copy of said Ordinance. By: Dorothy Chouinard , City Clerk, City of San Jacinto R V PU B\HA V 1 V A.SHAN E\691314. 1 AGENDA ITEM 5' v April 7, 2005 TO: The Honorable Mayor and City Council FROM: City Manager and City Attorney SUBJECT: Purchase and Sale Agreement for Vacant Lot (APN No. 437- 046-001 (Lots 1, 2 & 3)) — FELIPE LOPEZ and MICAELA LOPEZ (Sellers) RECOMMENDATION: Approve Purchase and Sale Agreement between the City of San Jacinto and Felipe and Micaela Lopez and authorize the City Manager to execute the same, including any other necessary documents to close escrow; and appropriate $210,000 General Fund Brick and Mortar. BACKGROUND: City Staff has negotiated the acquisition by the City of certain vacant real property located in the downtown area. The property is located on the Northeast corner of Third and Sheriff. The property is approximately 20,000 square feet in size and is currently unimproved. The property could be used for parking for City employees, or perhaps the general public. The basic deal points of the purchase are as follows: • Purchase Price -- $210,000 • 30 day escrow. • City to pay escrow costs. BUDGETARY IMPACT: The approval of the Agreement will require an expenditure of $210,000. However, the need for parking has been recognized as important to the City. Therefore, City Staff believes that this expenditure is appropriate. ATTACHMENT: • Purchase and Sale Agreement Approvals// City Manager: � �J Finance Director: RVPUB\SB1691393.1 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT ("Agreement") is entered into this _day of , 2005, for reference purposes only, by and between the CITY OF SAN JACINTO, a California municipal corporation ("Buyer") and FELIPE LOPEZ and MICAELA LOPEZ, husband and wife as joint tenants (collectively "Sellers"). Buyer and Sellers are sometimes referred to individually as "Party" and collectively as the "Parties" in this Agreement. RECITALS A. Sellers are the owners in fee of certain real property commonly described as a portion of Assessor Parcel No. 437-046-001 in the City of San Jacinto, County of Riverside, State of California more fully described in Exhibit A attached hereto and incorporated herein by reference (" Property " ). B. Buyer desires to purchase the Property from Sellers and Sellers desire to sell the Property to Buyer, upon the terms and provisions set forth herein. NOW, THEREFORE, in consideration of the above facts and for the covenants and agreements contained herein, the Parties hereto agree as follows: TERMS 1. PURCHASE. Buyer agrees to buy and Sellers agree to sell and convey the Property for the purchase price and upon the terms and conditions hereinafter set forth. 2. ESCROW. Upon execution of this Agreement by the Parties, the Parties shall open an escrow (the "Escrow") with First American Title Company (the `Escrow Holder"), for the purpose of consummating the purchase and sale of the Sellers' interest in the Property as described herein. The Parties shall execute and deliver to Escrow Holder such escrow instructions prepared by Escrow Holder as may be required to consummate the transaction contemplated by this Agreement. Any such instructions shall not conflict with, amend, or supersede any provisions of this Agreement. If there is any inconsistency between such instructions and this Agreement, this Agreement shall control unless the parties expressly agree in writing otherwise. The Escrow Instructions shall include the following terms and conditions of sale: RVPUBUSG1669472.1 - 1 - 2.1 Purchase Price. The total purchase price for the Property shall be the sum of TWO HUNDRED AND TEN THOUSAND DOLLARS and No Cents ($210,000.00). The purchase price shall be paid by Buyer to Sellers in cash at the Close of Escrow. Buyer shall deposit prior to Close of Escrow the funds required to be deposited by it in order to allow the Escrow to close. 2.2 Close of Escrow. A. Escrow shall close on or before thirty (30) days following the execution of this Agreement (the "Close of Escrow"). If Escrow is not in a condition to close by the Close of Escrow, Escrow shall be closed as soon as possible thereafter. B. In the event that the escrow contemplated under this Agreement is unable to close due to a condition of tide that prevents Sellers from transferring title of the Property free and clear of any liens or encumbrances to the Buyer, and the Buyer thereafter seeks to acquire the Property by eminent domain, Sellers agree to waive any right to challenge or object to the condemnation proceedings and the Sellers' right to acquire the Property by eminent domain. 2.3 Condition of Title to Property. Sellers shall cause the conveyance of their interests in the Property to Buyer as evidenced by a CLTA Standard Form Policy or Binder of Title Insurance ("Title Policy") issued by First American Title Company (the "Title Company") in an amount equal to the purchase price. The Title Policy shall show as exceptions with respect to the Property only matters approved in writing by Buyer. Notwithstanding the foregoing, any exceptions to title representing monetary liens or encumbrances are hereby disapproved by Buyer, and Escrow Holder is hereby authorized and instructed to cause the reconveyance, partial reconveyance, or subordination, as the case may be, of any such monetary exceptions to Buyer's title to the Property at or prior to the Close of Escrow. 2.4 Escrow and Closing Costs. A. Because of Buyer's status as a public agency, no documentary transfer tax will be payable with respect to this conveyance, pursuant to California Revenue and Taxation Code Section 11922. Similarly, no recording fees will be payable with respect to the recording of the Grant Deed, pursuant to Government Code Section 27383. Buyer shall pay the cost of the Tide Policy, the Escrow fees, and all other costs and expenses incurred herein. B. To the extent that Sellers have prepaid any taxes or assessments attributable to the Property, Sellers shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Sellers, at Sellers' sole cost, in obtaining said refund, if any, however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. RVPUBUSG1689472.1 - 2 - 2.5 Deposit of Funds and Documents. A. Prior to the Close of Escrow, Buyer shall deposit into Escrow (i) all Escrow and Closing Costs as described above; (ii) the purchase price to be paid to Sellers through Escrow; (iii) such other documentation as is necessary to close Escrow. B. Prior to the Close of Escrow, Sellers shall deposit into Escrow (i) the properly executed Grant Deed for conveyance of their interests in the Property to Buyer, and (ii) such other documents, and sums, if any, as are necessary to close Escrow in conformance herewith. 2.6 Buyer's Conditions Precedent to Close of Escrow. The Close of Escrow is subject to the following conditions: (a) All representations and warranties of Sellers set forth in this Agreement shall be true and correct as of the date of the Close of Escrow; and (b) Sellers shall timely perform all obligations required by the terns of this Agreement to be performed by it. 2.7 Sellers' Conditions Precedent to Close of Escrow. The Close of Escrow is subject to the following conditions: (a) All representations and warranties of Buyer set forth in this Agreement shall be true and correct as of the date of the Close of Escrow; and (b) Buyer shall timely perform all obligations required by the terms of this Agreement to be performed by it. (c) Buyer shall provide a letter, to the following effect, for purposes of compliance with I.R.C., § 1031 : "The City of San Jacinto (the "City") is authorized to acquire property by condemnation. The City has made an offer to pay just compensation to acquire a certain real property described as APN 437-046-001 (the "Property"). The offer is a preliminary step required before a public agency can proceed with eminent domain. The Property is sought to be acquired for a public use. The City negotiated in good faith to acquire the Property and to pay just compensation for its acquisition. If the acquisition had not been successful, then staff for the City would have recommended initiation of eminent domain proceedings to acquire the Property." RVPUB\ISG\689472.1 - 3 - 3. REPRESENTATIONS AND WARRANTIES OF SELLER. Sellers make the following representations and warranties with respect to the Property, each of which shall survive Close of Escrow: (a) The execution and delivery of this Agreement by Sellers, Sellers' performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which Sellers are at present a party or by which Sellers are bound; (b) Sellers will not enter into any agreements or undertake any new obligations prior to Close of Escrow which will in any way burden, encumber or otherwise affect their interests in the Property without the prior written consent of Buyer; (c) To Sellers' knowledge, no litigation and no governmental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the property is pending, proposed or threatened; (d) Sellers have or shall have paid, before Close of Escrow, their pro rata share of all taxes and assessments levied and assessed against the Property. If not paid prior to Close of Escrow, Sellers hereby authorize Escrow Holder to disburse to the taxing authority, from funds otherwise due to Sellers, an amount sufficient to satisfy their. pro rata share of said taxes and/or assessments; and (e) Sellers are aware of their obligation under California Health and Safety Code Section 25359.7 to disclose any knowledge that they may have regarding any release of Hazardous Substances (as defined by applicable federal, state and local statutes, rules and regulations) upon or under the Property. Sellers warrant and represent to Buyer that Sellers are not aware of any such Hazardous Substances having been generated, stored or disposed of upon or under the Property. 4. ACKNOWLEDGEMENT OF FULL BENEFTTS AND RELEASE. A. By execution of this Agreement, Sellers, on behalf of themselves, their successors and assigns, hereby acknowledge that this Agreement provides full payment for the acquisition of the Property by Buyer, and Sellers hereby expressly and unconditionally waive any claim for damages, relocation assistance benefits, interest, loss of goodwill, severance damages, claims for inverse condemnation or unreasonable precondemnation conduct, or any other compensation or benefits other than as already expressly provided for in this Agreement, it being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer and that just compensation has been paid for the Property. RVPUB\ISG\689472.1 - 4 - B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Sellers, on behalf of themselves, their successors and assigns, hereby full release Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage that has been sustained by Sellers, or may be sustained by Sellers, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Sellers to indemnify Buyer for damages that may arise as a result of Buyer's efforts to construct improvements on the Property. C. Sellers hereby acknowledge they either have consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the provisions of the California Civil Code section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Sellers acknowledge that they may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs, or expenses in the future. Nevertheless, Sellers hereby acknowledge that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waived any and all rights that they may have under California Civil Code section 1542, or under any statute or common law or equitable principal of similar effect. This acknowledgement and release shall survive the Close of Escrow. 5. REMEDIES. If Sellers default under this Agreement, then Buyer may, at Buyer's option, terminate the Escrow or initiate an action for specific performance of this Agreement, in addition to pursuing any other rights or remedies that Buyer may have at law or in equity. If Buyer defaults under this Agreement, then Sellers may, at Sellers' option, terminate the Escrow or pursue any rights or remedies that Seller may have at law or in equity. 6. MISCELLANEOUS. A. Notice. Any notice to be given or other document or documents to be delivered to either party by the other hereunder may be delivered in person, by facsimile, or may be deposited in the United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows: RVPUB\ISG\689472.1 - 5 - Seller: Felipe Lopez Michaela Lopez c/o Ben Rodriguez, Realtor Coast Brokers, Inc. 30030 Corte Cantera Temecula, CA 92591 (951) 541-1308 Buyer: Best, Best & Krieger, LIP Attn: Jeff S. Ballinger 400 Mission Square 3750 University Avenue Post Office Box 1028 Riverside, California 92502 Facsimile: (951) 686-3083 Any notice or other document sent by registered or certified mail as aforesaid shall be deemed to have been effectively served or delivered at the expiration of twenty-four (24) hours following the deposit of said notice or other document in the United States mail. B. Time of Essence. Time is of the essence with respect to each and every provision hereof. C. Assignment. This Agreement shall not be assignable by any party without prior written consent of the other party; provided, however, Seller may assign their rights hereunder. D. Governing Law. All questions with respect to this Agreement, and the rights and liabilities of the parties hereto, shall be governed by the laws of the State of California. E. Inurement. Subject to the restrictions against assignment as herein contained, this Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, estates, heirs and legatees of each of the parties hereto. F. Attorney's Fees. In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney's fees and costs. G. Entire Agreement. This Agreement contains the entire Agreement of the parties hereto, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein. RVPUB\ISG\689472.1 - 6 - H. Additional Documents. All parties hereto agree to execute any and all additional documents and instruments necessary to carry out the terms of this Agreement. I. No Merger. All warranties, representations, acknowledgements, releases, covenants and obligations contained in this Agreement shall survive delivery and recordation of the Grant Deed. J. Authority to Execute on Behalf of Buyer. Peter Cosentini represents to Sellers that he is the City Manager of the Buyer and that he is authorized by Buyer to execute this Agreement on its behalf. K. Ratification. This Agreement is subject to approval and ratification by the City Council of the City of San Jacinto. L. Counterparts. This Agreement may be signed in counterparts or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. EXECUTED on the date or dates set forth below. This Agreement shall be effective as of the date signed by all parties. [Signatures on the following page] RVPUB\ISG\689472.1 - 7 - SIGNATURE PAGE TO PURCHASE AND SALE AGREEMENT DATE: BUYER: CITY OF SAN JACINTO Peter Cosentini, City Manager ATTEST: By: City Clerk SELLERS: DATE: By: Felipe Lopez DATE: By: Micaela Lopez APPROVED AS TO FORM AND CONTENT: DATED: BEST, BEST & KRIEGER, LLP By: City Attorney RVPUB\ISG\689472.1 - 8 - EXHIBIT A TO PURCHASE AND SALE AGREEMENT Legal Description of Property LOTS 1, 2 AND 3 IN BLOCK 11 OF THE TOWN OF SAN JACINTO, AS SHOWN BY MAP ON FILE IN BOOK 7 PAGE 329 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA [PORTION APN 437-046-001] RVPUBVSG1689472.1 EXHIBIT A AGENDA ITEM 6. 1 April 7, 2005 TO: The Honorable Mayor and Members of the City Council FROM : Vice Mayor Stubblefield and Council Member Jim Ayres SUBJECT: Letter of support to oppose relocation of CDF's air attack base for fire suppression from Hemet Ryan Airport to March Air Reserve Base RECOMMENDATION : By motion, approve letter of support to be signed by Mayor Budyos regarding the retention of CDF (California Department of Forestry) air attack base for fire suppression at Hemet Ryan Airport. BACKGROUND: CDF has had an air attack base at Hemet Ryan Airport since 1967, and the most active in the nation based on a recent study. Since time is a critical factor in fire suppression, locating the air attack team and equipment to the most land at risk is essential to successful containment of wild fires. JUSTIFICATION: A letter of support is needed to assist the efforts to retain the air attack fire suppression closest to where it is most needed . BUDGETARY IMPACT: None directly. ATTACHMENTS: ■ CDF — Hemet Ryan Airport vs MARB by Steve Field (Legislative Assistant for Supervisor Jeff Stone) Approv City Manager: Finance Director: Pr Page 1 of 1 CDF - Hemet/Ryan vs. MARB By: Stevie Field Legislative Assistant for Supervisor Jeff Stone CDF has been located at HRA since approximately 1967. Currently based at FIR, CDF has 1 OV- l0A Bronco Air Attack, AA-310, 2 S2-T's, Tanker T-72 and T-73 and 1 UH-1H Super Huey, Helicopter 301 . According to all my research, which you will find included in this report, the Hemet-Ryan Base is one of a network of air attack bases throughout California, however, is the most active in the nation. Air attack bases have been strategically located at appropriate airports to provide tactical air support to fire suppression efforts in California. Much of the information below was taken from a document entitled: "Hemet-Ryan Air Attack Base Relocation Study " (Study) written by State of California Department of Forestry and Fire Protection, Richard A Wilson Director. The County generates approximately $120,000 per year in landing fees and gas purchases. This is 7% of the HRA overall revenues. I mention this because it has been stated that the purpose for retaining CDF at HR is strictly for financial gain which is not true as HR will sustain itself either way. Interesting information taken from the Study is as follows: 1 . Four existing airports were evaluated for feasibility, San Bernardino International Airport; French Valley Airport; Hemet-Ryan Airport and March Air Reserve Base. 2. HR provides initial attack services to over 830,000 acres of state responsibility area and hundreds of thousands of acres of federal and local responsibility lands. 3 . The initial attack success rate is a measure of how well CDF performs its primary mission of suppressing unwanted fires before they exceed ten acres in size. The success rate in Riverside County is 90%. This is the area that would be most negatively affected by any relocation of the air attack base currently at HRA. 4. "During the peak of California's annual wild land fire season, spread rates on fires often reach 1-4 miles per hour". 5. `Because the difference of just 15 minutes can mean an additional mile of fire spread, additional structures and critical watersheds threatened, effective incident action plans must be developed quickly. Ineffective incident action plans often result in horrible consequences. Time is an enormously critical factor in the success or failure of CDF's initial attack response". 6. "One of CDF's most important air attack base is Hemet-Ryan". 7. "In December 1997, the Board of Supervisors informed CDF that the long-term future use of HRA as a fire-fighting base would not be compatible with the recreational uses now being planned for that airport. The Board also indicated its desire for CDF to remain in Riverside County; however, they see the CDF presence at MARE rather than at HRA". ***Important note: This was not an action taken by all Supervisors. This was a letter initiated only by former Supervisor Jim Venable. The findings and recommendations of the Study are as follows: 1 . French Valley Airport and San Bernardino Airports were excluded for various reasons. The only airports conducive to CDF's needs were HRA and MARB. 2. "Because of climate, topography, fuels, weather, assets at risk and other geographic and demographic factors, the area served by HRA includes some of the most seriously imperiled lands in the State. The concentration of high hazard fire locales in southwestern Riverside County is remarkable and, as stated, coincides with much of the area served by HRA". Intuitively, therefore, it can be concluded that any relocation of the air attack base away from these areas must necessarily result in an increase to the number of fires exceeding the ten-acre failure threshold because retardant delivery is slowed in the critical initial attack phase". 3 . "If CDF relocates to MARE the subsequent lowering of service affects approximately 190,478 acres". 4. "The current level of service reflects, in a significant way, the present locations of CDF's two southernmost air attack bases — HRA and Ramona. Since the Forest Service has already moved its air assets from HRA, some lower level of initial attack success is anticipated on SRA lands in southwestern Riverside, Orange and northern San Diego counties. Any move of the Hemet-Ryan Air Attack Base that further separates the two existing facilities will slow present retardant delivery levels and result in some degradation to the level of service on lands currently served along with an accompanying reduction in the initial attack success rate '. 5. "There have been approximately 100 initial attack failures during a five year period in HR initial attack area. This is an average of 20 per year. 6. "Since it can be reasonably assumed that any change in air base location will negatively impact the initial attack delivery system and result in an increase in the number of initial attack failures, there must be a corresponding increase to the cost of fire suppression bourn by the State's General Fund and an increase in Citizen loses as a result of these initial attack failures". 7. "Also to be considered is from where the "next due" aircraft will be dispatched. By increasing the distance between Ramona and Ryan Air Attack bases, the anticipated arrival of additional aircraft is also increased. Another factor that must also be considered is the reload component — the further the distance from base to fire incident, the longer the turnaround time the aircraft has before it returns with its next load of retardant. Both of these factors can greatly reduce the efficacy of tactical aircraft, increase aircraft commitment requirements to achieve a desired drop frequency and volume of retardant delivery and increase the total costs for fire suppression and loss to wildland fires". 2 8. Ryan Air Attack base has been the most active air attack base in the State of California and probably the world for many years. As demonstrated earlier, this activity is due to its location to extremely hazardous and populated state responsibility areas. This Study does point out that of the other choices MARB would have the least negative effect on the current fire protection system. Additional confidential sources revealed that the pilots that fight the fires out of HRA have strong opinions about staying at HRA for public safety. The California Fire Pilots Association (CFPA) also stated that upon request, they would write a letter stating their position, supporting the base at HRA. There are 51 members in this association. It has also been recommended that we contact former County Supervisor Kay Cineceros, who works with or for the Fire Safe Council in Idyllwild for a letter of support. Other concerns that have come to my attention as a result of this research include: 1 . The public has not been made aware of this situation and the impacts it could have on fire protection of the region. 2. The Federal Government could at any time revoke the lease that CDF may have at MARB, before during or after improvements and investments have been made. 3. The County of Riverside has the largest of all contractual agreements with CDF. 4. The safety extension will better accommodate C-130's, SP2-H's, and P-3's, although they have operated out of Hemet-Ryan for years with the current runway dimensions. 5. The runway length is currently 4,315', and will be 5,300' after the safety extension. The runway width is currently 100', and will remain 100' after the extension is completed. 6. The runway extension can be constructed at essentially any time. The FAA has funds available on an ongoing basis. It has not been designed yet, nor has the environmental process been completed, but neither of these issues is a significant obstacle. 3 AGENDA ITEM 5 < <-3 January 20, 2004 TO: The Honorable Mayor and City Council FROM: City Manager and City Attorney SUBJECT: Funding of Additional Police Officer RECOMMENDATION: Read title and, by motion adopted by majority vote, introduce Ordinance No. 05,oi entitled , AN ORDINANCE OF THE CITY OF SAN JACINTO, CALIFORNIA, PROVIDING FOR THE CONTRIBUTION OF REVENUES FOR ADDITIONAL POLICE SERVICES ASSOCIATED WITH CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 BACKGROUND: In 2003, the City Council approved a CFD that establishes a funding mechanism for additional police and fire protection services. The City is currently experiencing the need for increased traffic-related police services. At the same time, the City is also currently seeking to establish and staff a second fire station on the western end of the City. However, because the CFD raises revenues from new development, at this time, there is not sufficient revenue in the CFD to fund both the second fire station personnel and the additional traffic-related police officer. Therefore, one alternative is to have the City fund the additional police officer from the City's other non-CFD funds (i.e., the City's general fund) during the current fiscal year, with a commitment from the CFD to repay the amount during the next fiscal year, with interest. At that time, it is expected that the CFD will have sufficient funding to cover all of these expenses. The proposed amount to be contributed is $ 100,000. The City Attorney's office has reviewed this alternative and believes that it is legally permissible under the CFD law. In order to do so, an ordinance must be adopted that specifies the amount of the contribution and the purposes for which the contribution may be used . The accompanying ordinance does this. j Page 1 of 2 RVPUBIJSB1686489.1 i JUSTIFICATION: The adoption of this ordinance is justified in order to provide for the current funding of an additional police officer while at the same time protecting the funds of the CFD in order to allow for the scheduled staffing of a second fire station. BUDGETARY IMPACT: The approval of this ordinance will have a short term impact on the City's non-CFD funds (i.e. , its general fund) in that those funds will be spent on the provision of additional police services. However, because the CFD is required to pay back the contribution in the next fiscal year, with interest, this impact will be only for a short while, and the City's money will be earning interest as well as being put to use for additional public safety services. Attachment: Ordinance No. Page 2 of 2 RVPUBWSB1686489.1 STATE OF CALIFORNIA ) ORDINANCE NO. 05- 0 / COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) AN ORDINANCE OF THE CITY OF SAN JACINTO, CALIFORNIA, PROVIDING FOR THE CONTRIBUTION OF REVENUES FOR ADDITIONAL POLICE SERVICES ASSOCIATED WITH CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 WHEREAS, the City Council ("City Council") of the City of San Jacinto ("City") has previously formed a Community Facilities District pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1 , Division 2, Title 5 of the Government Code of the State of California, said Article 3.5 thereof, the Community Facilities District being designated as Community Facilities District No. 2003-1 (the "CFD No. 2003-1 "); and WHEREAS, CFD No. 2003-1 was established by the City Council for the purposes of financing the costs of additional police protection services, including, but not limited to, criminal justice services and additional fire protection and suppression services within and surrounding the area of CFD No. 2003-1 and the costs associated with the determination of the amount of collection of taxes, the payment of taxes and costs otherwise incurred in order to carry out the authorized purposes of the CFD No. 2003-1 ; and WHEREAS, the City Council is authorized by California Government Code section 53314.8 to provide by ordinance that for a period of time specified in the ordinance that the City may contribute from any source not otherwise prohibited by law, any specified amount for purposes set forth in the ordinance, including, for the provision of authorized services and the payment of expenses incidental thereto, and further that such contribution shall not constitute an indebtedness of the City; and WHEREAS, the City Council has determined that a very real and true need now exists for the addition of an extra peace officer in order to conduct primarily traffic-related law enforcement services, including , but not limited to, apprehending and arresting/citing drivers who are speeding or driving while intoxicated ; and WHEREAS, the City Council therefore desires to provide for the contribution of City funds to CFD No. 2003-1 during the City's 2004-2005 fiscal year in an amount necessary to add an extra peace office for such purposes, with a commitment from the CFD to pay such contribution back to the City's general fund during the City's 2005-2006 fiscal year, with interest accruing at an annual rate of _ percent per annum. THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES ORDAIN AS FOLLOWS: RVPUBUSB\686487.I Section 1 . The City Council hereby adopts the recitals of this Ordinance as true and correct and such recitals are hereby incorporated by reference as though fully set forth in the text of this Ordinance. Section 2. Pursuant to Government Code section 53314.8, the City Council may, at any time during the City's 2004-2005 fiscal year contribute, from any source of revenue not otherwise prohibited by law, an amount no greater than Two Hundred and Five Thousand Dollars ($205,000) to CFD No. 2003-1 for the purpose of adding to the City's current contract with the Riverside County Sheriffs Department one (1 ) additional peace officer to conduct primarily traffic-related law enforcement services, including, but not limited to, apprehending and arresting/citing drivers who are speeding or driving while intoxicated , and the payment of expenses incidental thereto. This contribution shall not constitute an indebtedness or liability of the City of San Jacinto. Section 3. No later than the end of the City's 2005-2006 fiscal year, CFD No. 2003-1 shall repay to the City the amount specified in Section 2 hereof, with interest accruing at an annual rate of _ percent per annum . Section 4. This Ordinance shall take effect 30 days after its final passage. Section 5. The City Council hereby finds that the adoption of this Ordinance will not have a significant effect on the environment for the following reasons: A. Pursuant to a determination by the City that the approval of this Ordinance is exempt from further review under the California Environmental Quality Act because, pursuant to Title 14 of the California Code of Regulations Section 15378, subdivision (b)(4), the approval of this Ordinance is not a project because it is merely the creation of government funding mechanisms or other governmental fiscal activity. Therefore, City staff is hereby directed to file a Notice of Exemption upon adoption of this Ordinance. Section 6: The City Clerk shall certify the adoption of this Ordinance and cause the same or a summary thereof to be published in he County of Riverside, State of California. Introduced at a regular meeting of the City Council on the 20th day of January, 2005 by the following vote: AYES: NAYS: ABSENT: RVPUBUSB1686487.1 ABSTAIN: City of San Jacinto by Dale Stubblefield , Mayor Pro Tern ATTEST: Dorothy L. Chouinard, City Clerk APRPOVED AS TO FORM: John Brown, City Attorney RVPUBUSB1686487.I Chairman's Agenda Regular Meeting of the Redevelopment Agency of the City Of San Jacinto January 20, 2005 Immediately Following the Regular City Council Meeting San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California 1 . ORGANIZATION 1 .1 Call to Order ❑ Call the Regular meeting of the Redevelopment Agency of the City of San Jacinto to order at p.m . 1 .2 Roll Call ❑ For the record announce those Directors present and absent. 2. PUBLIC COMMENTS None 3. PUBLIC HEARING : Now is the time for the public to address the Agency on any subject not listed on the agenda. Any person may address the Agency on any subject pertaining to Redevelopment Agency business not listed on the Agenda during this portion of the Meeting. A limitation of three (3) minutes shall be set for each person desiring to address the Agency Directors. 4. CITY DEPARTMENTS 4.1 RDA pass through payment to San Jacinto Unified School District (SJUSD) for FY 2003-04 / Approve $300,000 advance pass through to SJUSD FY 2003-04 / Finance Director ❑ Call on Bernie Simon , Finance Director, to give the Staff Report ❑ Call for public comments ❑ Call for Council discussion ❑ Call for motion and vote 4.2 Refunding of 1993 RDA Tax Allocation Bond Issue of $4,130,000 / Approval to proceed including direction to staff to assemble a financing team for that purpose / Finance Director U Call on Bernie Simon, Finance Director, to give the Staff Report ❑ Call for public comments U Call for Council discussion ❑ Call for motion and vote 5. CONSENT CALENDAR The matters listed under Consent Calendar are considered routine and will be enacted by one motion by Agency Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the Redevelopment Agency, staff or the public requests a specified item be removed and/or discussed. Anyone wishing to discuss a consent calendar item should come forward upon invitation of the Agency Chairman; state their name, address and the consent calendar item number. Speakers should limit comments to three (3) minutes. 5.1 January 6, 2005 Minutes / Approve / City Clerk 5.2 Certificate of Completion in Accordance with the Disposition and Development Agreement (DDA) by and between the Redevelopment Agency of the City of San Jacinto and Robert E. Doran / Approve / Redevelopment Operations Manager ❑ If no items are pulled for discussion, call for a motion and vote. ❑ If items are pulled , request a staff report, public comments, a motion, and a vote. 6. CHAIRPERSON / MEMBER REPORTS / DISCUSSIONS None Recess RDA meeting at p. m . and reconvene meeting for Closed Session at p. m . 7. OPEN SESSION ANNOUNCEMENTS CLOSED SESSION 7.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code 54956.8 Page 2 of 3 Property: City - APN s 433-180-029, 433-180-031 , 433-180-032, 433- 180-34 City / Agency Negotiator: City Manager / Executive Director Negotiating Parties: Dan Horn & Dana Horn dba Palm Desert Development Company Under Negotiation : Price or terms of payment or both 8. ADJOURNMENT ❑ Following a motion , second and vote, adjourn the meeting at p.m . It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. If as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact City Hall at (909) 487-7330, at least 48 hours prior to the meeting to inform us of your par ticula -needs and to determine if accommodation is feasible. If you challenge any action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council (c/o the City Clerk) at, or prior to, the public hearing. Page 3 of 3