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HomeMy WebLinkAboutResolution - 2745 STATE OF CALIFORNIA) RESOLUTION NO. 2745 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, AUTHORIZING ESTABLISHMENT OF WASTE MANAGEMENT FEES FOR THE IMPLEMENTATION AND ENFORCEMENT OF THE CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT ORDINANCE WHEREAS, the City of San Jacinto is mandated to comply with AB939 dealing with landfill waste diversion-, and WHEREAS, the City has adopted Ordinance 05-09, for the management of Construction and Demolition waste and such an ordinance is important to the City's ability to meet state mandated diversion requirements; and WHEREAS, the implementation, monitoring and enforcement of the Construction and Demolition Waste Ordinance will utilize valuable and limited City resources of City labor and contractor labor; and WHEREAS, the Construction and Demolition Waste Ordinance and state law allow a regulatory fee to be adopted to pay for the costs of administering a waste diversion program, and WHEREAS, the City of San Jacinto incurs costs for staff time utilized in processing applications for waste management and applications for exemptions and enforcement of such regulations, and may incur additional costs to retain consultants to assist the City in administering the Construction and Demolition Waste Ordinance; and WHEREAS, due to the lack of discretionary funds in the City's General Fund, it is necessary to establish regulatory fees in order to pay for costs incurred by the City for processing applications and administering the Construction and Demolition Waste Ordinance-, and WHEREAS, pursuant to Government Code section 66018 a notice of public hearing has been published ten days prior to the hearing, at least two times, in order to notify the public that the City will conduct a hearing on the proposed fee. Such notice included the time and place of the hearing, and a general explanation of the matter to be considered; THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES RESOLVE AS FOLLOWS- Section 1. Incorporation of Recitals. Thp City Counril hprphy 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. City Fee and Additional Costs. The City Manager or his/her designee is authorized to assess application fees, as set forth in Exhibit A attached hereto and incorporated by reference herein, against applications for approval of Construction and Demolition Waste diversion plans or for exceptions pursuant to Section 9.34.040 of the Construction and Demolition Waste Ordinance, in order to cover the City's cost of administering the Construction and Demolition Waste Ordinance. An Applicant may be required to pay for outside consultant costs, if such services are needed, to evaluate an application or application for exemption. Section 3- Time of Payment. Applicant shall pay the applicable fee at the time a Construction and Demolition Waste diversion plan or application for exception is submitted, and prior to issuance of a building permit. ,%W APPROVED, PASSED and ADOPTED at a regular meeting of the City Council on the 5th day of May, 2005 by the following vote: Ayes: Ayres, Ritchie, Shaw, Stubblefield, Buydos Nays: None Abstain: None Absent: None V, City of San Jacinto 14 By Chris Carlson-Ruydos, Mayor ATTEST: PI- i I I/�,w 1%,((/ 4�, o r o�t�hy L.. houinard, City Clerk APPROVED AS TO FORM: �4;AVttor ey�� Best Best & Krieger LLP PaVc 2 ol 2 DEPOSIT AGREEMENT This Deposit Agreement (the "Agreement") is entered to as of this ofJune, 2005, by the City of San Jacinto, a municipal corporation (the"City"), and Meritage Homes of California, Inc., a Califomia corporation ("Meritage"), with respect to the following facts. RECITALS A. On or about March 18, 2003, the Riverside County Flood Control and Water Conservation District (the"District") filed that certain eminent domain action (the "Action") entitled Riverside County Flood Control and Water Conservation District v. Carrillo, Riverside County Superior Court Case No. RIC 390374, for the purpose of taking an approximately 4.8- acre parcel of real property(the "Property") owned by Juvenal Carrillo identified by Assessor's Parcel No. 431-160-010 that the District needed to construct certain flood control facilities with the Citv. The Action is still pending, and the District has not yet obtained a final judgment granting it title to the PropeTty. B. Meritage is the owner of the real property that is the subject of that certain Tentative Tract Map No. 30942 approved by the City on or about May 8, 2003, A copy of the Map is attached hereto as Exhibit"A" and is incorporated herein by this reference. On June 2, 2005, the City approved the Map as a final map. That Map was recorded on ; 2005 in the Official Records of the Riverside County Recorder as Instrument No. 2005- C. The City desires that Meritage acquire and dedicate, and Meritage has agreed to acquire and dedicate, to the City a portion of the Property for the purpose of providing public right of way(the "ROW") for the construction of a portion Of IVY CTest Road (the"Road"), subject to the terms and conditions set forth below. AGREEMENT NOW, THEREFORE, in consideration of the recitals and for other good and valuable consideration, the City and Meritage agree as follows: I. Acquisition of Right of Way. (a) Meritage agrees to use its reasonable best efforts to acquire, at its sole expense and as soon as is reasonably practicable, a portion of the Property(the "Acquired Property") from the District for the ROW. The City shall, in its reasonable discretion, determine the amount of acreage needed for the ROW; provided,however, that such acreage shall not exceed one-half(0.5) acre, The anticipated locations of the Acquired Property and the ROW are depicted on Exhibit"B" attached hereto and incorporated herein by this reference. (h) The City acknowledges and agrees that as of the date of this Agreement, the District has not obtained fee title to the Property, that assuming the District obtains fee title to the Property and before the District may sell any of the Property to third parties such as Meritage, the District must, according to its rules and regulations and applicable law, first -I- RVPUB'SALVADOR SALAZAR\694908.2 determine whether any portion of(fie Property constitutes excess property which the District may I%W sell, and that if the District determines that none of the Property is excess property, Meritage will not be able to Purchase any portion of the Property for the ROW, (e) To the extent that Meritage is unable to purchase the Acquired Property frorn the District, the City agrees to use its reasonable bust efforts to promptly and diligently exercise its power of eminent domain to acquire the Acquired Property. Meritage shall reimburse the City for all costs and expenses, including attorney's fees and the costs and expenses of litigation, reasonably incurred by the City in connection with any condemnation action or lawsuit required to accomplish such acquisition, Meritage understands and agrees that notwithstanding any provision of this Section I(c) to the contrary, the City's agreement hcrein does not constitute a promise or a commitment by the City to obtain, through the exercise of its power of eminent domain, any interest in the Property, and prior to the date that the City approves the use of its power of eminent domain as contemplated in this Section I(c) in accordance with the California Eminent Domain Law, the City reserves its full legislative police power authority with respect thereto; provided, however, that to the extent the City does not acquire, or is legally prohibited from acquiring, the Acquired Property through the exercise of its power of eminent dornain, Meritage shall have no further obligations to the City under this Agreement or otherwise with respect to the Acquired Property, the ROW, or the construction of the Road. The City shall disburse all of the unexpended Deposit(as defined herein)to Meritage, and Meritage shall be entitled to compLete the development of the Map as though the ROW had been acquired and dedicated to the City and the Road had been constructed. 2. Construction of Road' Promptly following acquisition of the Acquired Property by Meritage or the City, Meritage shall construct the Road in accordance with applicable ordinances and regulations of the City then in effect. Meritage shall perform all of its obligations hereunder and shall conduct all operations with respect to the construction of the Road in a good, workmanlike and cornmercially reasonable manner, with the standard of diligence and care normally employed by duly qualified persons utilizing their best efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken. 3. Dedication of the Acquired Property. Promptly following acquisition of the Acquired Property by Meritage, Meritage shall offer to dedicate the Acquired Property to the City, and the City shall accept such offer of dedication not more than thirty (30) days after Mcritage makes such offer. 4. Deposit. (a) The City acknowledges and agrees that Meritage has already deposited with the City the sum of One Hundred Thousand Dollars (SI 00,000.00) (the"Deposit") in the form of a cashier's check. The City shall hold the Deposit in a segregated account, and shall use the Deposit solely for the purposes contemplated by this Agreement, (b) To the extent that Meritage is unable to purchase the Acquired Property from the District and the City acquires the Acquired Property through the exercise of its power of -2- YVPUB%SALVAD0R SALAZAR,694908.2 eminent domain, the City may draw upon the Deposit to reimburse itself for costs and expenses ,%W reasonably incurred in connection with such acquisition as provided for in Section I(c). The City shall disburse any remaining unexpended portion of the Deposit to Meritage as provided for in Section 2(c). To the extent that the Deposit is not sufficient to reimburse the City in full, the City shalt provide to Meritage invoices,billing staterrentg, receipts, and other documents indicating the costs and expenscs incurred by the City, the draws against the Deposit, and any deficit (the"Deficit"). Within fifteen (15) days of Meritage's receipt of such documents, Mcritage shall pay the City the Deficit. (c) To the extent that Meritage put-chases the Acquired Property from the District and promptly following the City's acceptance of Meritage'sOffeTaf dedication of the Acquired Property to the City, the City shall, at Meritage's sole option and direction: 0) Disburse to Meritage all of the Deposit then remaining; and (ii) Credit all or any portion of the Deposit then remaining against development impact fees or other fees payable by Meritage to the City in connection with tile Map or otherwise. 5. Notice. Any notice, payment, credit or instniment required or pen-nitted to be given hereunder will be deemed received upon personal delivery or 24 hours after deposit in any United States mail depository, first class postage prepaid and addressed to the party for whom intended as follows: If to the city: City of San Jacinto 248 East Main Street San Jacinto, CA 92583 ATTN: City Manager If to Meritage: Meritage Homes of California, Inc. 19600 Fairchild Road, Suite 100 Irvine, CA 92612-25 10 ATTN: Bart Hayashi Any party may change such address by notice given to the other parties as provided herein. 6. Intictrinification. Meritage shalt defend, indemnify, and hold barmless City, its elected officials, officers, employees, and agents (the "City Indemnitees") from and against any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to this Agreement or the performance of Mcritage or the City of any of their respective obligations under this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines,judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the **AW reimbursement of the City Indemnitces for all legal expenses and costs reasonably incurred by -3- RVPCB�SALVADOR.SALAYAR�'�949()8.2 each of them. Notwithstanding any of the foregoing to the contrary, Meritage shall not be obligated to defend, indemnify, or hold harmless the City Inderrinitees from or against any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is,caused solely and exclusively by the negligence or willful misconduct of one or more of the City Indemnitees as determined by a court or administrative body of competent jurisdiction. Meritage's obligations under this Section 6 shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by any of the City Indemnities-, provided, however, that Meritage shall have a right of setoff against any such proceeds. 7. Amendments. This Agreement may be amended as circumstances necessitate by written agreement executed by all of the parties� 8. Assigtiment. No party shall assign, delegate, or transfer this Agreement or any of the rights or interests in this Agreement without the prior written consent of all of the other parties, which consent shall not be unreasonably withheld. Subject to the foregoing restriction, the provisions of this Agreement shall be binding upon and inure to the benefit of all affiliates, subsidiaries, assigns, and successors-in-interest of the parties. 9. Governing Law. This Agreement is governed by the laws of the State of California. 10. Severability. If any provision of this Agreement is finally deten-nined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be deemed to be severed or deleted from this Agreement, and the balance of this Agreement shall remain in effect at the option of the party or parties for whose benefit such invalid, illegal or unenforceable provision was Tnade. 11. No Waiver. This Agreement is intended to effectuate a compromise among the par-ties. By executing this Agreement a party neither admits the correctness of a disputed contention of another party nor waives any position or right. 12, Entire Aweement. This Agreement contains the entire agreement between the City and Meritage, and supersedes all prior negotiations, understandings, or agreements, with respect to the subject matter hereof. 13, Signatures. The individuals executing this Agreement represent and warrant that they have the legal capacity and authorization to do so on behalf of their respective legal entities. lRemainder ofPage Intentionally L�fr Blank— Signature Page to Follow] -4- RVPLMSALVADORSALAZAR�694Q08 2 IN WITNESS WHEREOF,the parties have executed this Deposit Agreement as of the �ftw date first set forth above. "CITY" "MFRITAGE" City of San Jacinto Meritage Homes of California, Inc. By: By: Name: Name: Title: City Manager Title: Approval as to Form: By: Name: Title: CityAttomey [Signature Page to Deposil,4greementj RVPUB'%SALVADOR W-AZAR�694909 2 EXHIBIT "A" 14*W (Tentative Tract Map No. 30942) "Naw 1#6w 6381/ RVPUWSALVADOR SALAZAR\694909 2 -1 gi Or TIENI nkocr NTa 3os*2 SHEET 2 Of 5 SHEETS TOTAL LOM- NUWSERED LOU I THROUGH 77 TRACT NO. 30942 AND LEMERED LM A THRAM H GROSS ACREAGE- 19.17 ACRES IN THE CITY Or SAN IJACINTO, COUN7Y OF RIVERSIDE, Mu MMLADE, 14.65 AI STATE OF CALIFORNIA BEING A SLIRDINASION OF THE SOUTH HALF OF THE NORTH NALF OF THE WE57 HXF FARM LOT t52 OF THE LANDS OF THE SAN JACIN70 LAND ASSOCIADON AS SHOWN BY MAP DN FILE IN ROOK 9, LAGE 3.57 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, ADAMS — STREETER CML ENGINEERS. INC. JAN A. ADAMS, R.C.E. 2108-1 DATE OF SlJRVEyr DECEMBER. 2004 SMS OF SEARINGS LOT TABULATION �E BEA�ANGS t1I HERLM ARE 3ASED UPON THE 8EARING SHO� ��T puffic�Mj :.5� AL�G THC C!NTFRI OF�OTTONWONOO IVENUC TEND NORTH RRI )T PAVC STREET UK �Sl AS SHOM W A A RE:DPO X SURI OF-SAN JACINla)MDP JME LOT C PUI a�I mo E�. FLED IN SOON 110. PAOEZ N THROIJW 74� RECUP�S.�WRWY L07 0 Pv�aprr �&o RLECORDS OF�lqo COUNTY. WT E PLIRI FIREET 053 LOT 9 PJ8X S�EE-1 032 040NEER'S MOM: LOT �IJC STREET am 1, WT I'P,TAM-�2JMMr.�M AT�REM iO7 DOMI 011 PON%VCE� tC.1 AND CONZMEM a[PI SET LEM a TAG-RDE Zk&Br IN NDF OF MIRA A LOE)OF �l[4T 1SORKERS ON SaF LOT JWS.PmJEaTM AND FM D C'S AND E.0 S PRDI PERI Ot RADII MOM aNI Man. L WI MOAN.011 K SET AM�CORI WAR NE MONUREI�FHT AWITIONA.INFORWIPON PaR M MAP. PLMVI TO THE PROIvcw�OF SEFTON 664&k2 OF THE SkJowsui 3. 0C.PUBLIC SDI A0 PdWJC U�IES NaI WINE!*AS TRACT THAE,a MIXED U&P�k Td�FOI IS PIALVTO ITS WORMAITI KNOM 01 AND S NDT VERDI 70�CT REXRD TITLE WTEICS1. 4. ENS TRIIII 19%7 AORES MOSS. �MMECT S MQT AI DI F.�4� 1I ARE MD AI ON OR OEF ENE SI & �AGT EIII SMI BIT KIP7 EREE FIGIO�B61DWM AND 00MOr" HIM MDAI wcona,DAA PER N-5 8 1 lqp�-o 'a. L NOMI ADM"Wk AER PARM MAP 2"A5,F."a I s@/AL EASEMENTS �71$IIDUI TO BE-�XAVN M 0 LASEMLMT IN FAVOR Y�NMM tJ�A 0I COMMIT.A MIRPORIED4 FOR PI COATI AND INODENITA?"M RECAtDED MONUMENTS NOTES; SEPTEMIA,M 195�AS WHRUMENT 4c 11693D 9 MAI FOIHAD UDNI 4 MOM. OF DFICIAL RI X gnETT or AA EAMBkr 30 PRE7 ON EACH AE OF SECTIVIA I s EGA R,Buc HSHAA�AS[%ADLflM ly N CITIES PETI OZED AHJAAT 9,1159 AS I MO. I allI LaM AI LANDSCAPE/0I SPACE.SITIDET AND PI UDUTY PURPOSES. 31 9 OFTI RED=OF lfl�tll)l DWIMIN, AW ME W SEPARATE RI 91 WFORI HIGHtS OT WAY rW ME 3 PLLM'OP OTHER S`tLl MEMBER Aculwa.�m rK LANDS 7 AAA otHER DINNER LAW BETMEEM!MRJ AND TLIt SO MAW RIVER, AS"AI n EXN MD AMEI 0*0 OF VMD V TME ROOK SAN JkDN10 11EA,NIS NI GO ��TV ADORE oE PAINI OF SAII,RAAAMI I%w RI IN M 13,P�151 0'OEM PLUMES 1,1 P.�VTAA 0MAPEn a sAMi No MuI uI�tauiiv&�mur I�ATAALE) &I ELI 143' 21AAA. Tn. NO 1."s PRO ANI ARC A. MR 3NI5153-50 OF FAINT A ta GOTTION041DO APE" ZZ Do 51 aw, PE�R. R.5J3. t 30 MAF J F 0 2 a. /TAC STAMMPED BAN J'ACLNTI) LANE) ASSOCiATIrN F) r UE "I T.n,ON IT Rw ow III PER 7. `PFP6 ED 3.14'I-P WrAG 2D .9. ir 161 1D �A 3 ?7 9 p VAI&ED'R.E.1547 LIP FU` I ltzp",�Lrn.5� . I I I POR R."-IXO/70-70L PER� .III;� - JI LAND ASscclA 233�2� SAN ��L 4 El 3 54 E, 36 .7 So cl ! I 22 -1 . 5 4 to PO 3 0 . 4c 51 37 IFARM LOT 152 LC7 L -1 52 IGF 59 Ol Ind 3c 39 41 r/ 5F �7 216 12 21 -5 M.I'I` .0 TAa 0.at'. T 50 70 77 M Rjer AM. 27 2�1 As 52 WA Mrs OF FAAM 129�67'(129%75) P., L El ET CIA. ,a Put,.4, SENT AT TOP.�.al!l A= AN"CME�, L EAr lj�F�W7 IST- souNbARY CONTROL AND SHEET INDEX EXHIBIT "B" ,low (Anticipated Locations of the Acquired Property and the ROW) �gftw 104W 638111 -2- IZVPUB�SALVADOR.SALAZAW,694908,2 54 TRACT NO. 31296 Dim P.of 5 SHEM W,�10111 trrl=K*00" m!1# ILI *4NP- N THE M OF SAN ACINTC). COUNTY OF HNEMME. STATE OF CAUFORNK son A susbmsm or lkt WDWH KoLr OF TdE NORTHWEST QL44M OF F"LOr T52 OF THE LANDS OP THE�AAC*tM LAND ASSOCMOI�AS"M W MP ON ME 10 BOOK 9,PAQE 3"Of x4m,RmOrm or w Dna awm.GqFw*iL AWAS-9MMM CML BIGHARSp Nt, dAM OL AWAS, FLCX. 216457 ONT OF SURMe',JUNE 2004 W$OF DEAMMOS LOT TARLAX" m wam vow Mom am mm"vc jc�&am WIA "=gm ut am �w ODCMMW m coymmOm MOM MM MM W-WAr w a X"A aw gm �m rm m A A�a�OP W JAMM"tDE LN a fac Tpw &W Am r'.M-0 IW DOW llik P�70 nRWCH Ml OF A90"t Of M*�T, LF 0 P==W m 00 WWMZF�� m I �m �4 MRF �W M AM M: P�MO M Ml DELNams LOT PEOPW w m Ler i mcallon &0 Acm im wNwarvalmulu WK MMMAWA on mm WIMP%ff���M� Eit'i L m�MogLUMaMm z mINAMMME MMUMMMMAOMW x nwllm�muw� MUMM I*a Wr w 2x pawtMom mu K w w wu6m No OKWWM� WES m mm 30mm Ram m %�V% muw.%".-5 wo'M ---- ---------- HEET 4 H 4 -1) 11 V 4 � mw zi, JWLM Ln L A a AS Or Tj 11. IN 10M. w Ji 40 140 BOUNDARY CONTROL AND sHEET ma