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Agenda - Agenda Packets - Regular Meeting 7/21/2005 (2)
REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM #: SUBJECT: C ()-e'T /Y / ) DATE: IN FAVOR: O NEUTRAL: Li IN OPPOSITION: O Name: ' j I �' h i n 1j- e / Aggl Representing: Address: City: Telephone No.: Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. City Council Meeting July 21, 2005 Michael Fred Allen: The last presentation was really very interesting. I have four questions for the City Council and/or the City Attorney. Is the City Council required to conduct City Council business in Council or are they allowed to have secret meetings to decide city business? Which I think was a case in the recent termination of the City Manager, perhaps other cases And No. 2: what do the words, "agency" and"labor negotiators"mean in the July 5th City Council agenda? That was No. 3. (Sic) And three, is it legal to hold a Special Meeting or any meeting of the San Jacinto City Council outside the City limits of San Jacinto, such as the Hemet Public Library? The next one, No. 4, is: What steps can a citizen take if he or she feels their City Council is not following proper legal procedure in the conduct of city business either as individuals or as a body? Thank you. Message Page 1 of 2 Laura Cuthbert From: Jeff S. Ballinger[Jeff.Ballinger@ bbklaw.com] Sent: Friday, July 22, 2005 2:22 PM To: Laura Cuthbert Cc: Dorothy Chouinard; Tim Hults Subject: RE: Emailed transcript of a portion of 07-21-05 regular City Council Meeting Thanks Laura, As to Mr. Allen's questions: 1. Is the City Council required to conduct City Council business in Council or are they allowed to have secret meetings to decide city business? Which I think was a case in the recent termination of the City Manager, perhaps other cases. Answer: The City is,for the most part, required to conduct City business during open meetings, except as permitted by the Brown Act's "closed session" exceptions. One such exception happens to be employment decisions. It was during one such properly noticed and agendized closed session that the City Council decided to terminate the employment of the City Manager. And No. 2: what do the words, "agency" and "labor negotiators" mean in the July 5th City Council agenda? That was No. 3. (Sic) Answer: For purposes of the Brown Act, the term "agency" includes a local public agency such as the City. For purposes of the Brown Act, the term "labor negotiator" means anyone that the City has designated as the official that the City has designated for purposes of negotiating labor matters. In this case, the City designated its City Attorney as its labor negotiator, as many local public agencies throughout California do. And three, is it legal to hold a Special Meeting or any meeting of the San Jacinto City Council outside the City limits of San Jacinto, such as the Hemet Public Library? Answer: Generally meetings must be held within the jurisdiction of the City, subject to certain exceptions set forth in the Brown Act, such as the recent joint meeting with the City Council of the City of Hemet. Most recently, the City Council agendized a meeting following that properly noticed joint meeting with the City of Hemet, and adjourned to the City Hall in order to comply with the Brown Act. Since no discussion or action ever occured outside of the City of San Jacinto, no "meeting" as defined in the Brown Act was held outside of the City and thus no violation of the Brown Act occurred. The next one, No. 4, is: What steps can a citizen take if he or she feels their City Council is not following proper legal procedure in the conduct of city business either as individuals or as a body? Answer: Although the Brown Act provides various remedies for alleged violations of the Brown Act, Mr. Allen would need to seek the advice of his own attorney, since the City Attorney cannot provide legal advice to individual citizens. 7/22/2005 Message • Page 2 of Original Message From: Laura Cuthbert [mailto:LCuthbert©sanjacintoca.us] Sent: Friday, July 22, 2005 11:10 AM To: Jeff S. Ballinger Cc: Dorothy Chouinard Subject: Emailed transcript of a portion of 07-21-05 regular City Council Meeting Good morning, Jeff Per Dorothy's request, I am e-mailing you a portion of the July 21, 2005 Regular City Council meeting. This portion contains public comments by Mr. Michael Fred Allen. Thank you. Respectfully, Laura Cuthbert Deputy City Clerk City of San Jacinto, Calif. lcuthbert@sanjacintoca.us (951)537-6358 7/22/2005 AGENDA REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL JULY 21, 2005, 7:00 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California 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 American Red Cross / Sandy Lowry, Development Officer, Riverside County Chapter 1.5.2 Park Master Plan presentation / RHA Landscape Architects Planners Inc 1.5.3 Eastern Municipal Water District's San Jacinto Valley Interceptor Sewer Project, Phase 1 / Jeff D. Wall 1 .5.4 Northwest Mosquito and Vector Control District / Direct staff/ Dr. Major S Dhillon, District Manager 2. PUBLIC COMMENTS: Now is the time for the public to address the Council on any subject within the jurisdiction of the City Council not listed on the agenda. A limitation of three (3) minutes shall be set for each person desiring to address the City Council. 3. 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. If an item is pulled, it will be heard at the end of number 5. City Departments City Council Agenda July 21, 2005 Page 2 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. 3.1 Warrants at 07/21/05 / Approve / Finance Director 3.2 July 13, 2005 Special Meeting M inutes / Approve / City Clerk 3.3 Treasurer's Report at April 30, 2005 / Receive and File / Finance Director 3.4 Zone Change 3-05 and Tentative Tract 33509 to facilitate a residential development of 36 single-family lots and 1 detention basin lot located north of Esplanade Avenue between Mountain Avenue and Ramona Expressway / Community Development Director a) Approve second reading and adopt Ordinance No. 05-26 and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto, California approving Change of zone 3-05, re-zoning certain real properties located north of Esplanade Avenue between Mountain Avenue and Ramona Expressway from Commercial to R-1 (Single Family Residential) 3.5 California Asset Management Trust / Review CAMP application and authorize execution of application / City Treasurer and Finance Director 3.6 Estudillo Mansion Tree Trimming / Appropriate $4,500 to be utilized for tree trimming at the Mansion's grounds / Redevelopment Operations Manager 3.7 Purchase and installation of two (2) banner poles and two (2) decorative street lights / Approve and Appropriate $20,000 from the Undesignated, Unreserved Balance in the General Fund / Interim Public Works Director 3.8 Final Tract Map 24738 and Final Tract Map 24738-3 Bond Release — Forecast Homes, A.K. Hovnanian Company / Approve and Authorize Public Works Department to start the maintenance of activities associated with this project / City Engineer 3.9 ASA Server and related hardware / Approve and Appropriate $10,000 from Undesignated, Unreserved General Fund Balance to allow outside e-mail firewall / Finance Director 3.10 Diamond Valley Arts Council's grant request/ Approve $250 grant / Council Member Shaw City Council Agenda July 21, 2005 Page 3 of 5 3.11 Deposit Agreement between the City of San Jacinto and Meritage Homes of California Inc— Final Map No. 30942 / Approve and authorize City Manager to execute said agreement / City Attorney and City Engineer 3.12 Resolution No. / A Resolution amending procedures and requirements for the consideration of Development Agreements under Government Code Sections 65864 through 65869.5 inclusive / Approve and Adopt / City Attorney 4. PUBLIC HEARING 4.1 Landscaping, Lighting, and Park District No. 2 (LLPD No. 2) Annexation No. 43 (Temecula Valley LLC T30603) / City Attorney a) Resolution No. /A Resolution initiating proceedings for the Annexation of property into LLPD No 2 — Annexation No. 43 / Approve and Adopt b) Resolution No._/ A Resolution approving the Engineer's Report for Annexation No. 43 in to LLPD No. 2 / Approve and Adopt c) Resolution No. / A Resolution declaring intention to annex property into LLPD No. 2 — Annexation No. 43 / Approve and Adopt d) Public Hearing / At the conclusion of the public hearing if the City determines that a majority protest does not exist, by motion approve the certification of the election results for adding certain property into LLPD No 2 known as Annexation No. 43 / Approve and Adopt Resolution No. / A Resolution ordering annexation of territory into LLPD No. 2 and levying assessment - Annexation No. 43 — T30603 4.2 Ordinance No. 05-28 / An Ordinance approving a development agreement by and between the city of San Jacinto and Shea Homes / Approve introduction and first reading and by further motion read by title only: An Ordinance of the City council of the City of San Jacinto, California Approving a Development Agreement by and Between the City of San Jacinto and Shea Homes / City Attorney City Council Agenda July 21, 2005 Page 4 of 5 5. CITY DEPARTMENTS 5.1 Purchase of City Street Light System by Southern California Edison / Discussion and direct staff/Acting City Manager 5.2 Resolution No. / City Investment Policy / Review - Approve and Adopt/ Finance Director 5.3 Camera monitoring system on Main Street/Approve and appropriate $23,699.75 from the General Fund / Chief of Police 5.4 Non-compliance with San Jacinto Municipal Code regarding commercial vehicles parking with city limits / Approve standardizing commercial vehicle enforcement strategy with progressive levels of enforcement actions taken against repeat violators / Chief of Police 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 6.1 Committee and/or Agency Agendas / Receive and File / City Clerk 7. CLOSED SESSION 7.1 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (C) of Section 54956.9: one (1) potential case 7.2 CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Roger Crawford Employee Organization: Service Employees International Union 7.3 CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Roger Crawford Employee Organization: Management Association 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. 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 City Council Agenda July 21, 2005 Page 5 of 5 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. lf, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact City Hall at (951) 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. Chouinard, City CCerkof the City of San Jacinto, do hereby certib that I caused to be posted the foregoing agenda this 15tI day of jury, 2005 as required by Caw. AitsrtglA N14411 1, 5. I MI. American Mission Statement Red Cross Riverside County Chapter "To help peoprevent, for and respond to disasters" , .. _ . Ankkricampedc. ,,s1nsmA �zoil�b,TA ■ .....:i:,... _ ______ „:„ -... . . \M w - 1 ey A e. - ! � ,,,_.., ,.. „ Ilk , ...A 4, , - - Iiii 1 :1_ 1 i ( �..,'pity' .' ; . •• VI *uy 1 OA '. I . 44istrrio. -7::"'-- -d'Ir''''....... .."."'"777. 710-77:" - 1• ,..Ott:. ..:-7.7__ =--,• ,•••'‘1•01,11\•?.." I. 1 1/ it , r. ' . , 1 <. . t c w 6 . 7 r .. 6. ) 1.. .-j r ,. irin j to ll 0 , LE (11111) i'lli 00 ti , - 73 �/I °' t, " 914 tin al) ICS Cle I— A o N t • '' -NA. "" - -"ft...- to a.) Li) ci.) ... ir..., ..... (I.) in II U <, L 1 i al) i. • E 3k' l '. ,a,i*r :, ' iset 1. W APII I + cr) i _ ...• rro . „„,,, .. . 1 ,i, ;'. J fi-Ji.. j eT 1 { w .! F r v) .4t il ...0.4 W �1 1I U • a L = s 'tt` a •.O L. ,0 1` UrcirTef:; 0 ,..., . C C cm E w ..... u .. , . . )rs-, . - , IP, - ....-... - a,) E pe .— _ „,„, , 1 : .., E o cy-, c . . ,. _, . , . , „... , 0 pi .. III) (11) S.'`, s II COa= i I ... .40.-.! -4.4' . ' IcC . : ' E , . p E , 0 , . , cu E w i t , , , - , i_ r ri . iti riM'1 . :, 1 0 .. .. „... .... •.. ...._ ,,.- - it- . .• .. . Ti ; . • . Jr .100.:pkt • . . .6-Nr: "re . Qr 410 ••*) .____ Inn , •Imit r ,• * ilt iiiirni . , (17) O — IIMINLit I . _ 1= V.40411 :77:117 til) t, .13 (1) essommos W LICU CP k AP .4‘. et ... I moi C •— . ititlir 4.1. C c •_. 1 71- iti M I.. .. Sri. tilir' U VJ •41 N LE (1) .. ,. . CD (n E (((L1D111) 4 P t•cw6.i.,'', ... - 11 % - x i . 1•1...:...4, Jr, . ... , • . lIlIF----- American Red Cross Services International Social Services : 4110, tgi _. 1 .. w:ge ^.� .,:ki, •t. -, REG CRDES REC CRESCENT efrr- r slir ,�, `. the power of humanity `: ' id.. Q4110, ie. . , i ,i ' --,, , 44101 0 41 44/ P ,,:::..0 ii, 4y. • Tracing Services • International Disaster Welfare Inquiry 5 + American Red Cross Services • Red Cross is NOT a government agency & not funded by the Federal Government. • We are NOT funded by FEMA. • We rely solely on contributions from individuals, organizations and businesses. 6 is Role of Red Cross In Disaster American Red Cross Riverside Count ci,apte, • Notification and Initial Response by Volunteers Teams on Call 24/7/365 • Sheltering • Feeding b Victims and Emergency Personnel • Individual and Family Assistance Food, Clothing, Housing, Infant Supplies • Health and Mental Health Services ra Medicines, Eye Glasses, Medical Accessories Replaced b Counseling All Disaster Relief Is Provided Free. American Red Cross Disaster Relief San Jacinto Residents As Of July 2004 • 7 Incidents • 18 Cases ( Families) • 35 Adults • 24 Children • $7,786 Spent -I V CIE c I47, LI- a 4-1 o ,,,,, f , fp ipik, IT : ' W > Ok r :- Cl. CO O U mlil u V C e are y v a American Waysto Red Cross Riverside County Chapter Volunteer • Call (951) 656-4218 Contribute to the Work of the Red Cross -By Phone: (951) 656-4218 -By Internet: -www. RiversideCounty.RedCross.org -By Mail: -P.O. Box 55040, Riverside 92517-0040 10 z AGENDA ITEM July 21, 2005 TO: Mayor and City Council FROM: Tim Hults, Community Development Director SUBJECT: Park Master Plan Presentation by RHA Landscape Architects Planners, Inc. RECOMMENDATION: Staff recommends that the City Council receive and file the presentation. The presentation will include a brief overview of the process, explain the demographic findings, and present some park program concepts. BACKGROUND: The City of San Jacinto currently provides for the operation and maintenance of six public parks, a community center, a museum, and two historic properties. Over the past decade, the City realized limited growth and its existing facilities met the community's needs. With the increased housing construction, the City must plan for future parks and open space to serve existing and new residents. To facilitate this effort, the City initiated the completion of the User Fee Study, the Landscape Guidelines, and selected RHA to develop a Park Master Plan. Preparation of the Park Master Plan is underway. RHA has been reviewing development patterns and demographic information. Maps plotting existing and proposed development, as well as facilities, are also being completed. RHA, in conjunction with their sub-consultant, The Sports Management Group have conducted a number of meetings with city staff, organizations, local community groups, the San Jacinto Unified School District, Valley Wide Recreation District, and other interested parties. The information from the meetings will provide the base information on park and recreational amenities desired in the community. Approvals City Managcr:77114;) Finance Director: Several additional meetings are planned, including a community meeting in September. The September meeting was scheduled to be after the vacation season to utilize the school resources for additional advertising. JUSTIFICATION: Funding for the development of a Park Master Plan was included in the FY 2004/2005 Budget. The hiring of a firm that specializes in the development of Park Master Plans will provide the criteria and process for the future development of park facilities for the City of San Jacinto. BUDGETARY IMPACT: The FY 2004/2005 Budget included a capital project account for the development of the Park Master Plan. The cost of the Park Master Plan will be $97,000. 2 AGENDA Ls. EASTERN MUNICIPAL WATER DISTRICT SINCE 1950 Board of Directors President Randy A.Record June 21, 2005 Vice President David J.Slawson Richard R.Hall Habib M. Motlagh, P.E. Rodger D.Siems Ronald W.Sullivan City Engineer 201 E. Main St. Board Secretary San Jacinto, CA 92583 Rosemarie V.Howell General Manager Dear Mr. Motlagh, Anthony J.Pack Director of the Subject: Eastern Municipal Water District's San Jacinto Valley Metropolitan Water Interceptor Sewer Project, Phase 1 District of So.Calif Randy A.Record EMWD has finished the preliminary study for the San Jacinto Valley Treasurer Interceptor Sewer Project, Phase 1. This project will relieve capacity Joseph J.Kuchler,CPA restrictions in the existing 27-inch sewer main along Cottonwood Ave. and 24-inch sewer main along Palm Ave. A master-planned regional Legal Counsel interceptor sewer is urgently required in this area of the San Jacinto Redwine and Sherrill Valley given the tremendous growth being experienced, and the potential for further development. The attached exhibits show the alignment for the proposed sewer and the tributary areas being served by the existing sewers. Phase 1 will provide for the construction of approximately 21,000 linear feet of 24-inch, 30-inch, 36-inch, and 39-inch sewer along Esplanade Avenue, Santa Fe Avenue, Seventh Street, and Sanderson Avenue to the Sanderson Lift Station. We are proceeding with plan preparation at this time with the intent of starting construction early next year. As discussed, I can be available to present this project to the City of San Jacinto's Council, at a time that is convenient for you. If you have any questions, or need additional information, please feel free to call me at (951) 928-3777, extension 4448. Sincerely, �111 . W4t Jeff D. Wall, P.E. Senior Civil Engineer JDW/AGA:tIg Mailing Address: Post Office Box 8300 Perris,CA 92572-8300 Telephone: (951)928-3777 Fax: (951)928-6177 Location: 2270 Trumble Road Perris,CA 92570 Internet: www.emwd.org E. t o _ W AF IS , 111M3H $1 W l , -. z- 1 • 1S 02lv211i) ai v) , 1 zt N a E-, .. r • `-!iS OlNIOVf NVS i t r w O „0£ „YZ -... U1 E. Q CO 3AV 33 V1NVS a W A o Q M ( Z x c4 5 ri W U o c) IS %USIA VN3ne . . .. W W . . , _ ... A- A- is V11NVnr N,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,aja111ie,,,,.,,,,,1,,,,t,,,,a O 4 z z W a // x f cri 1S 3IVIS W d ti J d 1D Pr) is is .. y i 1 3AV - . ` '_ F ' • - ra, d ' JACINTO _ a '� ? 3AV 3NId .11VM �. r' ;-1 s 1 QfiY .1.. O •, i E- 0 ° t. c #' �- '` w r s ' + .. klil TC 44 BxCaeII _ . Ili c • �.t . A J a�� o W • =1I cn Q - 3 — W c Z 0 Z x ... o _ I__ . I- ,. ..iti . .... ...1 • .... L_Li f J Y'. Lo G z C. N O Q w Q ZALA " - NVS LJ 3AV t NOSJJ30 t I 0 ' J 6MPV Xi SL-t 6t\SL\1.6b Sanderson o ss 4 4` �•; � , ; -4. It Lift Station r =\ o l...r sod Ave, ® - 'Si.�i7 -, - • _ \ , Q _o i r r . V LJ Total Area: 1,880 acres 'T in Area Currently Sewered: 1,028 acres •4 • • 3 Estimated Population: 9,980 �w,° _.--s •ter 'illh _ Potential Development Area: 570 acres �. 0 81 1Alashin ton Ave. i ~ �` F161 -� o • U - � : w}.. mo .. — . . - ,. .,l /� � 4, A'ca • . / .�'. r � f t i• N. yam J7 f -+ '{ ir _• di c cy j Stetson Ave. - — - r t•- , \ ..eomper...N. ri • ' ‘ ', , -. LEGEND • H "" -:: ..... ...„--;.-m."..se____ EMWD Sewers r. :Existing Condition j Total Area: 16,020 acres `�.� �_� -27zr- - S, Sewers Over Capacity /4/4016,:.:, Area Currently Sewered: 5,710 acres ' , " =, Tributary Area r - Estimated Population: 52,200 '°�• st -; . -.' - Potential Development Area: 7,900 acres 0 7th & Palm p _ Tributary Area ` :' •' 4; "� 4` J Hewitt & Washington Y`� rii Depth to Diameter Ratio (d/D) N d `�_ t * - - 1 ® Peak Dry Weather Flow j -ati -•`sa►- _ ~ A 1 ' + ¶TrIbutay Area Map RECEIVED NORTHWEST MOSQUITO AND VECTOR JUL fl 200,k... CONTROL DISTRICT J v S. 1 NORTHWEST CITY MANAGER'S OFFICE Protecting the%bliesHealth MOSQUITO AND VECTOR CONTROL DISTRICT l—P t AGENDA / . 55 President July 6, 2005 George Read County of Riverside Vice President Thomas Buckley City of Lake Elsinore Mr. Peter Cosentini City Manager Secretary Gary Bradley, Ph.D. City of San Jacinto City of Riverside 201 East Main Street Trustee San Jacinto, California 92583 Terry Story-Deininger City of Corona Dear Mr. Cosentini: Trustee Dennis Stanfield County of Riverside Enclosed herewith is a proposal for providing vector control services to the city. The Board of Trustees of the District has hired Trustee Herb Higgins a consultant to assist us in this process. As outlined in the proposal, City of Norco there is "no cost to the city treasury" for providing these services. Major S. Dhillon, Ph.D. We are only asking the council to let the residents of the City of District Manager San Jacinto vote on the proposed assessment. After your review, I would also like to request that this item be agendized in some manner for the council meeting, where we can give a presentation and answer any questions. Thank you for your consideration of this matter. I look forward to working with you. Sincerely, Major S. Dhillon, Ph.D. District Manager MSD:rem Enclosure 1966 Compton Ave. • Corona, CA 92881-3318 • (951) 340-9792 • FAX (951) 340-2515 email: office@northwestmosquitovector.org EXECUTIVE SUMMARY OF VECTOR CONTROL SERVICES NORTHWEST MOSQUITO AND VECTOR CONTROL DISTRICT 1. A. The District provides full vector control including, but not limited to, mosquitoes, flies, rats, Africanized honeybees, black flies, midges, etc. B. The District has authority to take all necessary steps and to control vectors outside the city or county jurisdictions if vectors from that area are carrying nuisance or disease to its residents. 2. The District surveys and monitors vectors and vector-borne diseases. 3. The District has an enhanced public outreach program to educate residents about vectors and vector-borne diseases through pamphlets, presentations at schools, homeowners' associations, city councils and other groups. 4. The District has all of the necessary space including a state-of-the art laboratory with all the necessary equipment, to annex the City to the District. 5. A. The City and District will adopt resolutions. B. The District will submit an application to Local Agency Formation Commission (LAFCO) with proper fees. C. The District will act as conducting authority for hearings, etc. D. Annexation will only be concluded if assessment is approved by majority of property owners through a ballot process pursuant to Proposition 218. 6. The cost of the program will be equal to an average assessment of$7.40 per parcel per year in the newly annexed area. 7. The District will assume full responsibility and liability regarding vectors and vector-borne diseases. 8. The City will appoint a Board member to the Board of Trustees of the District. 9. The District will provide services upon completion of the annexation process or as negotiated. 10. The annexation process usually takes 6-8 months, but under special circumstances due to public health urgency, the annexation can be completed on an accelerated basis. VECTOR CONTROL BY NORTHWEST MOSQUITO AND VECTOR CONTROL DISTRICT BACKGROUND AND BENEFITS OF JOINING MOSQUITO AND VECTOR CONTROL DISTRICT In Southern California, cities enjoy the services of mosquito or vector control agencies. With few exceptions, these cities have joined the vector control districts (VCDs) to ensure area-wide vector control because of the following reasons: 1. NEED FOR SPECIALIZED AND EFFECTIVE VECTOR CONTROL SERVICES: The Mosquito Abatement Districts (MADs) have been in existence in California since 1915. The records consistently show that their quality and specialization of services is far superior to any attempt at vector control by any other entity or an individual city. Because of this aspect, most of the cities or county areas have joined the Districts. There are presently 50 Mosquito Abatement or Vector Control Districts in the State and their numbers are increasing due to the need for vector and vector- borne disease control. The Northwest Mosquito and Vector Control District has provided its services since 1959. 2. VECTORS/DISEASES DO NOT RECOGNIZE BOUNDARIES: Vectors migrate significant distances from their points of breeding. For example, mosquitoes are known to travel more than 20 miles from their breeding sources. Therefore, area-wide vector control measures result in better control of vectors and vector-borne diseases. Too often a vector problem in one area is caused by breeding habitats in close proximity to that area rather than in the area itself 3. NEW REGULATIONS: A. Endangered Species Act (ESA) B. Wetlands/Environment C. Pesticides 1 A. ENDANGERED SPECIES ACT: The endangered and threatened species of both animals and plants are protected by State and Federal laws. Under the Endangered Species Act of 1973, intentional or unintentional disturbance or destruction of such species is illegal and a heavy penalty can be imposed for violations. In California, there are currently over 100 wildlife and 120 plant species listed as endangered or threatened. Protection of these species is, sometime, in direct conflict with vector control practices. In Riverside County, some of the endangered species habitats overlap mosquito or other vector breeding areas; therefore, extreme caution and special strategies are implemented by the District to control vectors in these habitats. B. WETLANDS/ENVIRONMENT: Under a 1989 directive of the U.S. Congress, a report was prepared on the losses of wetlands in the United States during a 200-year time span. This report indicated that since the1780's, California has lost 91% of its wetlands. To avoid further deterioration of the natural resources and environments, laws, regulations and policies have been developed by the state and federal governments. To the contrary, wetlands are one of the major sources of mosquito production in California. In light of this scenario, District employees are trained and kept.current on the ESA, wetland and environmental issues to ensure that provisions of these rules and regulations are not violated during the implementation of proper mosquito and vector control activities. The District consistently communicates with U.S. Fish and Wildlife Services and is well respected by the Services for the District's role in the enhancement of habitat protections of such species while implementing state-of-the art control methods. The District uses specialized equipment and pesticides to accomplish this goal in wetlands and endangered species habitats. 7 C. PESTICIDES: Pursuant to state and federal Environmental Protection Agency (EPA) regulations, only certain pesticides can be utilized for mosquito and vector control. The District closely monitors the revised lists of such pesticides. Furthermore, it is a known fact that insects of public health importance are prone to rapid development of insecticide resistance. Therefore, the use of pesticides by the District is focused on the reduction of resistance through judicial use of pesticides, rotation and constant search for new materials. 4. CO-OPERATIVE AGREEMENT WITH THE STATE HEALTH DEPARTMENT: The District is a signatory to a cooperative agreement with the State of California Department of Health Services (DHS). The DHS also acts as a lead agency pertaining to physical and environmental modifications, for monitoring continuing education, and for obtaining permits for certain pesticide use by the District. 5. DETECTION OF NEW SPECIES OF VECTORS AND VECTOR-BORNE DISEASES: Undoubtedly, monitoring of new vector species and vector-borne diseases on an area-wide basis is much more effective than on a limited basis. The District implements regular monitoring and surveillance programs to detect any new vectors or vector-borne diseases and frequently shares this information with federal and state agencies. Specialized technical staff diligently performs such activities throughout the year. The District utilizes state-of-the-art equipment in surveillance and monitoring of vectors and vector-borne diseases. The District has the technical staff with the expertise to carry out research in various fields of vector ecology, biology and epidemiology. SPECIALIZED EQ UIPMENT: UIPMENT:Q Because of the complexity and variety of habitats producing vectors, the District owns and utilizes a variety of specialized equipment such as amphibious craft, all- terrain vehicle, hovercraft, fogging units, etc., to control vectors in various habitats. 3 The District owns and operates all equipment and vehicles. In addition, the District utilizes a helicopter on an as-needed basis to control mosquitoes in areas which are inaccessible by ground. 7. EXCHANGE OF INFORMATION: The District is a member of several scientific state, national and international mosquito and vector control associations. These organizations provide the latest information on laws, regulations, pesticides, wetlands, ESA, equipment and control technologies. Some of the staff members serve on several committees or Boards of such associations at the state, national and international levels. 8. STABLE FUNDING: The District performs only one specific service and therefore, no money is shuffled between departments. This gives the District continuous and stable funding to effectively carry out the duties at a desired level. 9. LIABILITY BURDEN: Within the last decade, regulatory laws, pesticide resistance, environmental awareness, arrival of new vectors and vector-borne diseases have occurred at an unprecedented pace. It is almost impossible to stay up to date on these changes on a casual basis. This requires full-time, dedicated manpower to address all of these issues. The District accomplishes this goal by in-house training and by being involved in a number of scientific training workshops, conferences and seminars at the state and national level. This up-to-date training and utilization of specialized equipment place the District in a very small risk category. By joining the District, the city transfers all its risk regarding vector control to the District. LEGAL AUTHORITY OF THE DISTRICT The Northwest Mosquito and Vector Control District was formed under the State Health and Safety Code, pursuant to Division 3, Chapter 5, Article 1, Section 2000 et seq. in 1959 in the County of Riverside. This empowers the District Board to: 4 "Take all necessary or proper steps for the control of mosquitoes flies or other vectors, either in the DISTRICT OR IN TERRITORY NOT IN THE DISTRICT BUT SO SITUATED WITH RESPECT TO THE DISTRICT THAT MOSQUITOES, FLIES OR OTHER VECTORS MAY DISPENSE FROM THE TERRITORY INTO THE DISTRICT." GENERAL FUNDING The statutory authority also allows the District to levy, by resolution or ordinance, a service charge or assessment against any or all parcels of land within the jurisdiction of the District to pay for the cost of inspection and protection against mosquitoes, flies or other vectors pursuant to existing resolution: The schedule of charges shall be made, reviewed, and adopted annually after notice and hearing in connection with the schedule. FOLLOWING THE HEARING, THE BOARD MAY CLASSIFY PARCELS OF PROPERTY ACCORDING TO THEIR USE IN RELATION TO THE COST OF VECTOR CONTROL. The Board may bill for the charges annually or more frequently. The charges shall be collected and paid by the County in the same manner as property taxes by the County. The service charge shall be reasonably related to the District's cost for providing the inspection or protection and shall not be deemed a tax of any kind. Any sum collected shall be used solely for purposes of vector control. To levy assessment in newly annexed area, the District must follow the procedure pursuant to Proposition 218 (vote by the residents to levy assessment). STATEMENT OF PROGRAM FOR THE CITY UNDER THE STATUTORY AUTHORITY OF THE STATE LEGISLATURE AND BOARD OF TRUSTEES, THE NORTHWEST MOSQUITO AND VECTOR CONTROL DISTRICT WILL IMPLEMENT A FULL VECTOR CONTROL PROGRAM FOR THE ENTIRE CITY, THEREBY RELIEVING THE CITY OF ITS VECTOR CONTROL OBLIGATIONS. The word "vector" refers to any insect or animal 5 capable of causing human discomfort, injury, harboring or transmitting the causative agents of human or animal disease. The services provided by the District will include abatement of: • Mosquitoes • Domestic flies • Blackflies • Biting midges • Africanized honey bees • Ticks • Rodents • Any other vector of significant importance detected in the future. These vectors carry diseases such as encephalitis, malaria, yellow fever, sleeping sickness, cholera, tularemia, plague, typhus, Lyme disease, etc. A regular monitoring and surveillance program will be carried out to detect any new vectors and, therefore, new vector-borne diseases. The Board of Trustees, upon determination, may add or delete any vector from the existing program. IMPLEMENTATION OF VECTOR CONTROL PROGRAM FOR THE CITY A comprehensive vector control program will be implemented by focusing on the following aspects: 1. A. SURVEILLANCE AND MONITORING OF VECTORS: The breeding sources of vectors are highly diversified and,therefore, all vectors will be monitored with the most advanced techniques and strategies. The monitoring will be carried out in above ground and under ground sources. Monitoring of rodents will also be extended to sewer systems and suspected vegetation growth areas. Ticks, although not a problem at this time, will also be monitored to assess vector population growth. 6 B. IDENTIFICATION OF INSECTS AND ANSWERING QUERIES: The District provides assistance to residents over the phone and at the counter in the identification of insects, control methods and general and specific answers regarding vectors and vector-borne diseases. 2. SURVEILLANCE AND MONITORING OF VECTOR-BORNE DISEASES: The available methodologies will be utilized on regular basis to monitor encephalitis (St. Louis, Western equine and West Nile virus), plague, Hantavirus, Arena virus and Lyme disease. Additionally, the District has the expertise to monitor other diseases if the need arises. The District also conducts encephalitis surveillance by collecting bird sera and other technology. 3. CONTROL PROGRAM: The District practices and utilizes three main strategies to control vectors in diversified habitats: a. Environmental manipulation. b. Biological. c. Chemical Because of a pesticide-cautious public, environmental laws and Endangered Species Act, National Pollutant Discharge Elimination System and other regulatory restrictions, the District will first exercise the environmental manipulation and Biological options. In the event these practices do not seem effective, the District will utilize pesticides to obtain immediate and proper control. It is extremely important to implement area-wide control practices to accomplish long-term effective vector control. If it becomes necessary to use pesticides, the District utilizes materials which are environmentally sound and are acceptable to professionals. 7 4. PUBLIC EDUCATION: The District recognized the importance of educating the public about mosquito and vector control programs. The role of public is extremely vital to obtain adequate control in certain vector producing areas. The District accomplishes this goal by educating the public through media, homeowners' associations, schools and directly disseminating pamphlets to residents. The District employs a full-time person to address this aspect. 5. ENFORCEMENT: Under the Mosquito Abatement District Act, the District employees are empowered to enter private, city, and state property and enforce the laws and regulations pertaining to vector control. This authority yields a timely control of various vectors. Under the statuary authority, the Board may impose a civil penalty of$1,000.00 per day for each day a violation exists. 6. RESPONSE TIME: In addition to on-going inspection, surveillance and abatement, the District directly responds to the "service requests" made by residents. Each service request is answered on the same day or the next working day and the resident is contacted during the process. PROCESS OF ANNEXATION OF SERVICES To provide vector control services to the City, the District has to follow the procedure set forth by LAFCO. The procedure and time required to complete this process is as follows: A. RESOLUTION OF CITY COUNCIL The City Council will adopt a resolution that vector control services by provided by the District. B. RESOLUTION BY DISTRICT: The District will adopt a resolution to provide services to the City. 8 C. APPLICATION TO LOCAL AGENCY FORMATION COMMISSION (LAFCO): 1. The District will submit an application to LAFCO with appropriate fees. 2. The District will pursue and obtain proper California Environmental Quality Act (CEQA) documents. 3. LAFCO will hold a public hearing within a time frame of receiving an application form from the District. 4. After approval, LAFCO will be requested to assign the District as a conducting authority. 5. LAFCO to make determination of how and when annexation will be considered "final" as finalization may be contingent upon the outcome of the ballot process. D. DISTRICT HEARINGS: 1. As a Conducting Authority, the District will hold "Protest Hearing." 2. Simultaneously, the District will initiate the process of"Benefit Assessment Hearing" pursuant to Proposition 218 (a ballot mail out). E. ADOPTION OF RESOLUTION BY THE DISTRICT: 1. Depending upon the outcome of public hearings and result of ballot mail out, the District will adopt a resolution ordering annexation. 2. The District will notify proper county authorities for assessment. 3. The District will notify LAFCO. F. LAFCO RECORDING: LAFCO makes proper recording and sends the documents to the State Board of Equalization for completing the process. 9 FUNDING FOR THE PROGRAM Under the statutory authority, the District will levy assessment fee against parcels of land within the annexed jurisdiction. This assessment fee is anticipated to be on the average between six and eight dollars per parcel per year. The assessment fee will be levied against each parcel according to the benefit received by each parcel. Therefore, all parcels might not be assessed equally. The reasons for such small assessment fees are that the District already exists as a vector control organization and it has all the necessary equipment and facility space. DATE OF TRANSITION The date for this transition is anticipated to be immediately after the annexation process is complete unless otherwise negotiated between the City and the District. to AGENDA ITEM 3.1 July 21, 2005 TO: The Honorable Mayor and Members of the City Council FROM: Bernie Simon— 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 July 21,2005. BACKGROUND: The following are the warrant and check numbers for this cycle: Warrant/Prepaid#s Cycle Dates Payroll Checks Cycle Date 71576-71743 July 21,2005 17188-17206 July 21,2005 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. Approvals City Manager:" Finance Director: Page 1 of 1 City of San Jacinto Date: 07/21/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 71576 6/30/05 Abm janitorial services 1995235 Cleaning fees 010-3100-431.33-10 148.00 1,058.00 1995232 Cleaning fees 010-3100-431.33-10 842.00 1999649 Cleaning fees 010-3100-431.33-10 68.00 71577 6/30/05 Aflac REQUEST 6/30/05 Ins prem june 2005 085-0000-202.21-27 1,210.66 1,210.66 71578 6/30/05 Aguilar, gustavo REQUEST 6/23/05 Reim dep acct#00001144 050-0000-229.08-70 102.57 102.57 71579 6/30/05 Al's kubota tractor 183181 Equipmemt 010-3200-431.40-45 2,185.91 2,185.91 183181 Equipmemt 010-0000-304.03-32 -2,185.91 183181 Equipmemt 065-0000-201.08-77 2,185.91 71580 6/30/05 All the kings flags discounts 050603 Services rendered 099-1700-417.34-05 1,700.00 1,700.00 71581 6/30/05 American rotary broom co., inc. 239114 Supplies 056-4150-410.33-50 187.85 187.85 71582 6/30/05 Arrow printing 4260 Office supplies 010-1100-411.21-10 19.93 343.73 4260 Office supplies 010-4100-410.21-10 19.94 4260 Office supplies 010-1200-412.21-10 19.94 4260 Office supplies 010-4150-410.21-10 19.93 4230 Office supplies 010-3100-431.36-10 263.99 71583 6/30/05 B &w pipe& supply 69964 Supplies 010-7100-410.33-30 157.77 157.77 71584 6/30/05 Bank of new york (byn) REQEUST 6/28/05 Remit ad 87-1 assessments 042-0000-101.11-80 30,000.00 30,000.00 71585 6/30/05 Best best& krieger Ilp MAY 2005 Professional services 096-1111-411.30-90 6,938.00 92,829.02 MAY 2005 Professional services 050-1111-411.30-90 2,210.42 MAY 2005 Professional services 010-1111-411.30-90 35,081.71 MAY 2005 Professional services 010-1700-417.30-90 25,056.69 MAY 2005 Professional services 065-0000-201.08-83 67.50 MAY 2005 Professional services 065-0000-201.08-10 10,333.37 MAY 2005 Professional services 065-0000-201.08-13 6,205.50 MAY 2005 Professional services 102-1400-500.30-90 243.00 MAY 2005 Professional services 102-1400-500.30-90 326.70 MAY 2005 Professional services 026-7190-500.30-91 706.18 MAY 2005 Professional services 026-7190-500.30-91 174.30 MAY 2005 Professional services 102-1400-500.30-90 162.00 Page 1 City of San Jacinto Date: 07/21/2005 Warrant Register Check DateVendorName Invoice Number Description Account Transaction Check Check d p Number Number Amount Total 71585... 6/30/05... Best best& krieger llp... MAY 2005 Professional services 102-1400-500.30-90 26.43 92,829.02... MAY 2005 Professional services 010-1700-417.30-90 5,297.22 71587 6/30/05 Bio-tox laboratories 13713 Analysis 010-3100-431.34-05 68.00 187.76 13721 Analysis 010-3100-431.34-05 119.76 71588 6/30/05 Bowman signs 175 Supplies 010-3300-431.21-10 226.86 226.86 71589 6/30/05 Bsn sports 91644994 Office supplies 010-7100-410.33-30 156.18 156.18 71590 6/30/05 Buchanan company, inc. 6244 Equipment 010-3100-431.40-45 4,490.00 4,490.00 71591 6/30/05 C.s. legacy construction, inc. REQUEST 6/23/05 Progress payment# 1 080-9100-450.40-01 112,987.71 112,987.71 71592 6/30/05 California overnight 4756702 Postage 010-1110-411.21-10 50.30 50.30 71593 6/30/05 Calpers REQUEST 6/30/05 Retirement contb 6/23 ty4 085-0000-202.21-28 11,227.50 11,227.50 71594 6/30/05 Ced consolidated electrical 2883-437504 Supplies 025-7260-410.21-30 177.74 177.74 71595 6/30/05 Clark,john REQUEST 6/21/05 Reimbursment auto equip 010-3100-431.33-50 72.72 72.72 71596 6/30/05 Comtronix of hemet 182 Services rendered 024-3100-431.33-50 160.00 160.00 71597 6/30/05 Corky's pest control, inc. 6/1/2005 Pest control 010-3100-431.33-10 125.00 125.00 71598 6/30/05 Counts unlimited, inc. 5193 Traffic data collection 022-4150-410.40-01 6,300.00 6,300.00 71599 6/30/05 David taussig & associates, inc. 5030058 Professional services 010-1700-417.30-90 5,083.66 10,370.38 5030144 Professional services 102-1400-500.30-90 1,634.09 5010066 Professional services 102-1400-500.30-90 148.47 5030055 Professional services 033-8850-500.30-90 286.52 5030078 Professional services 033-8850-500.30-90 1,631.29 5030077 Professional services 033-8850-500.30-90 882.62 5030056 Professional services 033-8850-500.30-90 524.98 5020236 Professional services 034-8850-500.30-90 178.75 1 71600 6/30/05 Dewey pest control 2539752 Services rendered 010-1700-417.33-10 30.00 190.00 2539750 Services rendered 010-2500-425.33-10 40.00 2563852 Services rendered 010-2500-425.33-10 40.00 2563853 Services rendered 010-2500-425.33-10 80.00 71601 6/30/05 Dewey's electric 6/16/2005 Services rendered 010-3100-431.33-10 199.60 199.60 Page 2 1 City of San Jacinto Date: 07/21/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 71602 6/30/05 Eastern municipal water district REQUEST 6/26/05 Plan check deposit fire 1 082-3200-431.40-01 2,000.00 2,000.00 71603 6/30/05 Eastern municipal water district 6/17/05 6670203 Utilities 025-7250-410.35-10 818.33 8,234.73 6/17/05 9574602 Utilities 025-7250-410.35-10 797.78 6/20/051662360 Utilities 025-7250-410.35-10 471.46 6/20/05 9406902 Utilities 025-7250-410.35-10 7.59 6/20/05 8985903 Utilities 025-7250-410.35-10 40.06 6/20/05 4625001 Utilities 025-7250-410.35-10 590.66 6/20/051662380 Utilities 025-7100-410.35-10 2,622.25 6/16/05 7889302 Utilities 025-7250-410.35-10 13.90 6/10/05 9217802 Utilities 025-7250-410.35-10 11.39 6/20/05 9406702 Utilities 025-7250-410.35-10 7.59 6/20/05 9626704 Utilities 025-7250-410.35-10 271.30 6/20/051478601 Utilities 025-7100-410.35-10 9.17 6/20/05 9451303 Utilities 025-7250-410.35-10 1,827.01 6/20/05 9407002 Utilities 025-7250-410.35-10 11.39 6/20/05 9406802 Utilities 025-7250-410.35-10 734.85 71605 6/30/05 Federal express 3-871-00758 Postage 096-1700-417.21-10 34.36 34.36 71606 6/30/05 Fleet services PO000000773 May 2005 010-1200-412.33-50 91.34 3,256.53 PO000000773 May 2005 010-1400-414.21-10 104.69 PO000000773 May 2005 010-3100-431.21-70 289.08 PO000000773 May 2005 010-1700-417.21-70 51.20 PO000000773 May 2005 010-3300-431.21-70 40.20 PO000000773 May 2005 010-4150-410.21-70 470.33 1 PO000000773 May 2005 010-1110-411.21-10 33.93 PO000000773 May 2005 010-7100-410.21-70 908.63 PO000000773 May 2005 050-9000-450.21-70 786.77 PO000000773 May 2005 010-3320-431.21-70 135.57 PO000000773 May 2005 055-4170-450.21-70 344.79 71607 6/30/05 Fuller, tracy 2005-620 Consulting services 050-1400-414.10-04 241.38 3,000.00 Page 3 City of San Jacinto Date: 07/21/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 71607... 6/30/05... Fuller, tracy... 2005-620 Consulting services 010-1400-414.10-04 2,758.62 3,000.00... 71608 6/30/05 Gensis construction REQUEST 6/24/05 Reim water dep#00001422 050-0000-229.08-70 450.00 450.00 71609 6/30/05 Hartford life insurance companies REQUEST 6/30/05 Grp# 109947 085-0000-202.21-29 1,883.84 1,993.84 REQUEST 6/30/05 Def comp conb 6/23/05 085-0000-202.21-29 110.00 71610 6/30/05 Hemet rubber stamp 46522 Office supplies 010-2510-425.40-04 1,270.75 1,270.75 71611 6/30/05 Hogle-ireland 8264 Professional services 010-1700-417.30-90 23.75 8,051.25 8264 Professional services 010-1700-417.30-90 950.00 8264 Professional services 010-1700-417.30-90 261.25 8264 Professional services 010-1700-417.30-90 902.50 8264 Professional services 010-1700-417.30-90 308.75 8264 Professional services 010-1700-417.30-90 665.00 8264 Professional services 010-1700-417.30-90 641.25 8264 Professional services 010-1700-417.30-90 71.25 8264 Professional services 010-1700-417.30-90 1,235.00 8264 Professional services 010-1700-417.30-90 308.75 8264 Professional services 010-1700-417.30-90 926.25 8264 Professional services 010-1700-417.30-90 380.00 8264 Professional services 010-1700-417.30-90 237.50 8264 Professional services 010-1700-417.30-90 23.75 8264 Professional services 010-1700-417.30-90 285.00 8264 Professional services 010-1700-417.30-90 23.75 8264 Professional services 010-1700-417.30-90 23.75 8264 Professional services 010-1700-417.30-90 95.00 8264 Professional services 010-1700-417.30-90 23.75 8264 Professional services 010-1700-417.30-90 23.75 8264 Professional services 010-1700-417.30-90 403.75 8264 Professional services 010-1700-417.30-90 237.50 71613 6/30/05 Home depot credit services 402280 Supplies 010-4150-410.33-30 52.98 197.10 2119630 Supplies 010-3320-431.21-10 71.02 Page 4 City of San Jacinto Date: 07/21/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 71613... 6/30/05... Home depot credit services... 1019631 Supplies 010-7100-410.33-30 73.10 197.10... 71614 6/30/05 Horizon water 5/31/05 POLICE Supplies 010-3100-431.35-10 84.00 83.70 6/14/05 VIR LEE Office supplies 010-1700-417.34-05 -14.30 6/14/05 MODULAR Office supplies 010-2500-425.34-05 14.00 71615 6/30/05 lcma retirement trust REQUEST 6/30/05 Def comp contb june 23 05 085-0000-202.21-29 692.31 692.31 71616 6/30/05 Infosend inc. 17988 Postage 050-1400-414.21-10 2,380.74 6,267.22 17070 Postage 059-8052-450.34-05 3,886.48 71617 6/30/05 Inland foundation eng. inc. 10388 Professional services 010-4149-410.40-01 160.00 160.00 71618 6/30/05 Js appraisal service 041520H Appraisal fee services 020-2200-419.30-90 3,834.00 3,834.00 71619 6/30/05 Kammeyer& associates inc. 6398M Professional services 010-3300-431.30-90 3,300.00 10,230.00 6398M Professional services 010-1700-417.30-90 1,540.00 6394M Professional services 010-3300-431.30-90 4,180.00 6394M Professional services 010-1700-417.30-90 1,210.00 71620 6/30/05 Lancaster contract survey compan 05-046 Services rendered 065-0000-201.06-45 1,560.00 1,560.00 71621 6/30/05 Lockaway storage REQUEST 6/24/05 Reim water dep# 10004117 050-0000-308.09-10 52.67 52.67 71622 6/30/05 Lynn & the boy's REQEUST 6/27/05 Band for 4th of july 010-2510-425.40-04 500.00 500.00 71623 6/30/05 March afb aero club REQEUST 6/27/05 4th of july fly over 2005 010-2510-425.40-04 500.00 500.00 1 71624 6/30/05 Matt chlor inc. 25D03 Software 050-1400-414.40-45 343.72 343.72 71625 6/30/05 Mayers glass 10993 Services renderd 010-1700-417.33-50 290.48 290.48 71626 6/30/05 Mission uniform services, inc. 17954683 Uniform supplies 050-9000-450.21-35 41.34 231.26 17954683 Uniform supplies 055-4170-450.21-35 12.76 17954686 Uniform supplies 010-4150-410.21-35 54.67 17951869 Office supplies 010-4150-410.21-35 58.06 17953776 Uniform supplies 010-4150-410.21-35 58.36 17954684 Uniform supplies 010-7100-410.21-35 6.07 71627 6/30/05 Napa auto parts 660438 Supplies 010-4150-410.33-50 6.21 120.51 660280 Supplies 010-4150-410.33-50 114.30 71628 6/30/05 National business furniture MF0757-ERC Funiture 099-1700-417.21-10 826.07 9,832.15 Page 5 City of San Jacinto Date: 07/21/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 71628... 6/30/05... National business furniture... ME0757-TIO Funiture 099-1700-417.21-10 548.84 9,832.15... ME0757-NAT Furniture 010-1700-417.40-45 5,000.00 ME0757-NAT Furniture 010-1701-417.40-45 342.68 ME0757-SIC Furniture 099-1700-417.21-10 1,957.84 ME1282-UNE Furniture 010-1400-414.40-45 1,156.72 71629 6/30/05 National crime prevention SA9259-140747 Supplies 010-3100-431.36-25 586.00 586.00 71630 6/30/05 National safety compliance, inc. 30529 Analysis 010-1210-412.30-16 190.64 190.64 71631 6/30/05 Office team 13421349 Temp employees 010-3300-431.30-90 631.44 1,122.56 13483355 Temp employees 010-3300-431.34-05 210.48 13521142 Temp employees 010-3300-431.30-90 280.64 71632 6/30/05 Overnight industrial 27667 Office supplies 010-2500-425.21-10 89.16 89.16 71633 6/30/05 Padumadasa, goluhewage REQUEST 6/23/05 Reim dep acct#00001080 050-0000-229.08-70 72.85 72.85 71634 6/30/05 Party planners 906 Services rendred 4th july 010-2510-425.40-04 1,745.00 3,490.00 907 Services rendred 4th july 010-2510-425.40-04 1,745.00 71635 6/30/05 Patton, nancy REQEUST 6/27/05 Reimb 4th of july celbrat 010-2510-425.40-04 285.27 285.27 71636 6/30/05 Penate,jauquin & ana REQUEST 6/24/05 Reim water acct#00001013 050-0000-229.08-70 172.04 172.04 71637 6/30/05 Perma JUNE 15, 2005 05-06 workers compensatio 018-0000-103.12-39 32,752.00 118,113.00 JUNE 15, 2005 05-06 general liability 020-2200-419.37-05 85,361.00 71638 6/30/05 Poster compliance center 702932 Supplies 010-1210-412.21-10 47.84 47.84 71639 6/30/05 Pre-paid legal services, inc. REQUEST 6/30/05 June 2005 085-0000-202.21-87 104.72 104.72 71640 6/30/05 Press enterprise 2744970 Advertimsent 010-1210-412.36-25 735.08 874.48 2754343 Advertisment 010-1700-417.36-25 87.66 6747014-SJ-007 Subscription 010-3100-431.36-10 51.74 71641 6/30/05 Pvp communications, inc. 6115 Services rendered 010-3100-431.40-45 633.27 633.27 71642 6/30/05 Quality auto parts D768734 Supplies 010-7100-410.21-35 84.33 92.77 D762585 Supplies 056-4150-410.33-50 8.44 71643 6/30/05 R.d.o. equipment company 26500 Services rendered 024-4150-410.40-45 797.92 797.92 71644 6/30/05 Reliable XD083700 Office supplies 010-2500-425.21-10 77.26 533.20 Page 6 City of San Jacinto Date: 07/21/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 71644... 6/30/05... Reliable... XD083700 Office supplies 010-3300-431.21-10 178.81 533.20... XD083700 Office supplies 010-1700-417.21-10 178.82 DVR42600 Office supplies 010-1200-412.21-10 21.91 DVR42600 Office supplies 010-1210-412.21-10 50.74 DVR42600 Office supplies 010-1110-411.21-10 18.68 DVR42600 Office supplies 010-2500-425.21-10 6.98 71645 6/30/05 Riverside county department de artment 230231 Jan-march 2005 services 010-3200-431.34-05 214 392.23 214 392.23 , 71646 6/30/05 Riverside county sheriffs SH0000003562 Booking fees april 2005 010-3100-431.34-05 2,980.80 2,980.80 71647 6/30/05 Rod's automotive performance 150609005 Auto repair 010-3100-431.33-50 148.81 148.81 71648 6/30/05 Service employees international REQUEST 6/30/05 Assoc dues june 2005 085-0000-202.21-43 734.40 734.40 71649 6/30/05 Shred it 50125585 Services rendered 010-3100-431.21-10 85.10 85.10 71650 6/30/05 Sounds devine REQEUST 6/27/05 Services rendered 4th jul 010-2510-425.40-04 1,000.00 1,000.00 71651 6/30/05 Staples credit plan 36271 Office supplies 010-1700-417.21-10 124.64 983.27 36271 Office supplies 010-3300-431.21-10 18.31 36828 Office supplies 010-1400-414.40-45 420.16 36826 Office supplies 010-1400-414.40-45 420.16 71652 6/30/05 Staples credit plan 6182784 Supplies 010-3100-431.33-50 88.99 89.57 6182784 Supplies 010-3100-431.33-10 10.86 6182784 Supplies 010-3100-431.33-50 -10.28 71653 6/30/05 State of california dept of justice 522541 Analysis 010-3100-431.34-05 105.00 105.00 71654 6/30/05 Stater bros 1210609 Supplies 010-1700-417.31-20 14.22 51.61 1210608 Supplies 010-1700-417.21-10 37.39 1 71655 6/30/05 Stetson engineers inc. 13644 Professional services 050-9000-450.40-01 3.30 8,274.44 13644 Professional services 050-9000-450.40-01 2,681.48 13644 Professional services 052-9000-450.40-01 3,543.41 13644 Professional services 050-9000-450.40-01 1,023.12 13644 Professional services 055-4170-450.40-01 1,023.13 71656 6/30/05 Stk architecture, inc. 15556 Professional services 082-3200-431.40-01 3,625.00 14,073.72 15557 Professional services 082-3200-431.40-01 4,400.00 Page 7 IL City of San Jacinto Date: 07/21/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 71656... 6/30/05... Stk architecture, inc.... 18-171935 Professional services 083-4150-410.40-01 2,023.00 14,073.72... 15560 Professional services 082-3200-431.40-01 3,600.00 15559 Professional services 082-3200-431.40-01 425.72 71657 6/30/05 Strattons janitorial service 6059 Cleaning fees june 05 010-7400-425.34-05 700.00 2,400.00 6058 Cleaning fees June 05 010-1700-417.34-05 700.00 6057 Cleaning fees june 05 010-1700-417.34-05 425.00 6056 Cleaning fees city 6/05 010-2500-425.34-05 575.00 71658 6/30/05 Subbarayan krishnan, m.d. 3/22/05 HILLARD Physical class b 010-1210-412.30-90 265.00 645.00 3/22/05 JAQUEZ Class b cpe 010-1210-412.30-90 265.00 3/22/05 MCKAY Calss c cpe 010-1210-412.30-90 115.00 71659 6/30/05 Sunrise air conditioning 17286 Services renderd 010-1700-417.33-10 181.77 181.77 71660 6/30/05 Teaman, ramirez, & smith, inc. 2068 28575 Professional services 096-1400-414.30-90 3,985.00 12,297.50 2068 28574 Professional services 096-1400-414.30-90 1,312.50 2068 28573 Professional services 096-1400-414.30-90 7,000.00 71661 6/30/05 Thunder delfins, inc. REQEUST 6/27/05 Flight exhb sj 4thof july 010-2510-425.40-04 2,000.00 2,000.00 71662 6/30/05 Tri buick pontiac gmc BUC578460 Auto repair 010-2500-425.33-50 1,349.91 1,349.91 71663 6/30/05 Tri-lake consultants, inc. 3166 Professional services 010-1700-417.30-90 2,139.88 14,259.88 3164 Professional services 010-1700-417.30-90 6,200.00 3164 Professional services 010-1700-417.30-90 1,840.00 3164 Professional services 065-0000-201.08-10 1,240.00 3164 Professional services 065-0000-201.08-85 1,800.00 3164 Professional services 010-1700-417.30-90 1,040.00 71664 6/30/05 United way of hemet REQUEST 6/30/05 Contrib june 2005 085-0000-202.21-80 77.38 77.38 71665 6/30/05 Valley chronicle, the 6/8/05 Subscription 010-3100-431.36-10 19.00 19.00 71666 6/30/05 Valley diesel 4194 Auto repair 010-4150-410.33-50 209.89 209.89 71667 6/30/05 Valley service connection 2542 Vir lee clean up may05 010-7100-410.34-05 924.00 1,405.00 2542 City hall clean up may 05 010-2500-425.33-10 420.00 12880 Telephone 010-2500-425.35-16 61.00 71668 6/30/05 Valley wide recreation SEPT 2004 Services rendered 010-8400-425.34-05 4,833.34 7,033.34 Page 8 City of San Jacinto Date: 07/21/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 71668... 6/30/05... Valley wide recreation... 6/20/2005 4th july fireworks 010-2510-425.40-06 2,200.00 7,033.34... 71669 6/30/05 Vulcan materials company 282159 Supplies 010-4150-410.33-30 259.51 259.51 71670 6/30/05 Western farm service 602-64263 Supplies 010-4150-410.21-14 1,059.18 1,059.18 71671 6/30/05 Western highway products 362642 Supplies 010-1100-411.21-10 75.12 1,965.63 362818 Supplies 021-4150-410.40-01 1,890.51 71672 6/30/05 Western riverside council REQEUST 6/2/05 Tumf fees-may01-may31,05 065-0000-201.08-80 475,204.64 475,204.64 71673 6/30/05 Xerox corporation 10204835 Lease on copiers 010-3100-431.34-05 434.23 2,741.23 10453588 Lease on copier 010-7400-425.34-05 186.93 10351059 Lease on copiers 010-1700-417.34-05 2,120.07 71674 6/30/05 Zimmerman consulting engineers 1902 Professional services 065-0000-201.06-47 2,450.00 2,450.00 71675 6/30/05 San jacinto petty cash, city of REQUEST 6/30/05 Council member/luncheon 010-1100-411.31-20 15.00 176.29 REQUEST 6/30/05 City managers gas expense 010-1200-412.31-15 15.00 REQUEST 6/30/05 Comm devep lunch pc meet 010-1700-417.30-90 20.00 REQUEST 6/30/05 Comm devep/cmrta 010-1700-417.31-20 20.00 REQUEST 6/30/05 Comm devep/gasoline 010-1700-417.31-20 3.75 REQUEST 6/30/05 Comm devep/office supplie 010-2500-425.21-10 7.54 REQUEST 6/30/05 Buidling dept/gasoline 010-3300-431.21-70 40.00 REQUEST 6/30/05 Streets/parking fees 010-4150-410.31-20 40.00 REQUEST 6/30/05 Economic devp/chamber luc 096-1700-417.31-20 15.00 71676 6/30/05 Fuller, tracy 2005-627 Consulting services 010-1400-414.10-04 2,437.50 2,437.50 71677 6/30/05 Lincoln life REQUEST 6/30/05 Def comp contb June 23,05 085-0000-202.21-29 110.00 110.00 71680 7/8/05 A.a. chamberlain & assoc., inc. REQUEST 6/30/05 Allen 392 e main st 099-9700-470.40-01 245.00 245.00 71681 7/8/05 Accela MD050133 Software maint supp srvs 010-3300-431.34-05 12,927.24 12,927.24 71682 7/8/05 Accountemps 13486733 Temp employees 010-3300-431.30-90 569.17 569.17 71683 7/8/05 Albert a. webb associates 05-2612 Professional services 039-4155-410.40-01 6,069.00 6,069.00 71684 7/8/05 Alvarez, grace REQUEST 6/28/05 Tuition reimbursement 010-2500-425.31-20 1,386.49 1,386.49 71685 7/8/05 Amber/warren inc. dba 05-551 Services rendered 099-1700-417.21-10 2,635.36 2,635.36 71686 7/8/05 American building maint. 1875860 Mar 2005 cleaning fees 010-3100-431.33-10 842.00 842.00 Page 9 City of San Jacinto Date: 07/21/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 71687 7/8/05 Anady's trophies 52348 Supplies 099-1700-417.21-10 18.32 18.32 71688 7/8/05 Arrow garage doors A150 Supplies 010-2500-425.21-10 70.00 70.00 71689 7/8/05 Asbury environmental services 129302852 Services rendered 010-4150-410.33-30 3,558.57 3,558.57 71690 7/8/05 B &w pipe & supply 70039 Supplies 010-7100-410.33-30 104.86 476.61 70035 Supplies 010-7100-410.33-30 104.86 70028 Supplies 010-7100-410.33-30 191.21 70080 Supplies 010-7100-410.33-30 75.68 71691 7/8/05 Barrow construction inc. REQUEST 6/30/05 Holmes - 163 san jacinto 099-9700-470.40-01 3,300.00 3,300.00 71692 7/8/05 Brinks home security STMT 5/28/05 Alarm fees acct 109815720 010-3300-431.34-05 34.99 478.39 STMT 6/12/05 Alarm fees acct 104718523 010-1700-417.34-05 443.40 71693 7/8/05 Building permits bulletin MAY 2005 Subscription 1 yr 010-3300-431.21-10 99.00 99.00 71694 7/8/05 C r& r incorporated 27928 4/2/05 40yd box 029-8660-410.30-18 224.38 224.38 71695 7/8/05 California overnight 4757886 Postage 026-7190-500.30-90 7.44 80.74 4757886 Postage 010-3300-431.21-10 73.30 71696 7/8/05 Castellano's towing & recovery 47895 Towing fees 010-3300-431.33-50 30.00 30.00 71697 7/8/05 Ceres 050603 Professional services 099-1700-417.34-05 1,700.00 1,700.00 71698 7/8/05 Chevron STMT 6/3/05 Gasoline 024-3100-431.21-70 88.16 88.16 71699 7/8/05 Civic stone 2568 Professional services 099-9700-470.40-01 2,658.50 2,658.50 71700 7/8/05 Cotton/bridges/association 48171221.0000. Professional services 010-1700-417.30-90 25,589.30 25,589.30 71701 7/8/05 Cutting edge staffing 19026 Temp employees 010-3300-431.30-90 5,127.50 14,504.55 19026 Temp employees 010-1400-414.10-04 837.00 18661 Temp employees 010-3300-431.30-90 5,618.89 18661 Temp employees 010-1110-411.30-90 911.40 18661 Temp employees 010-1210-412.10-04 1,479.48 18661 Temp employees 010-1110-411.10-04 530.28 71702 7/8/05 David evans and associates, inc. 169883 Professional services 010-1700-417.30-90 1,263.51 34,549.39 171394 Professional services 010-1700-417.30-90 1,225.96 18-171935 Professional services 083-4150-410.40-01 2,023.00 Page 10 City of San Jacinto Date: 07/21/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 71702... 7/8/05... David evans and associates, inc.... 18-173000 Professional services 068-4149-410.40-01 30,036.92 34,549.39... 71703 7/8/05 Dewey's electric 6/10/05 Services rendered 028-7100-410.40-01 586.95 2,872.20 6/10/05 Services rendered 028-7100-410.40-01 2,166.50 6/10/05 Services rendered 028-7100-410.40-01 118.75 71704 7/8/05 Dudek & associates, inc. 20052767 Professional services 010-1700-417.30-90 6,744.48 6,744.48 71705 7/8/05 E.s. babcock & sons, inc. AF51556-0278 Analysis 050-9000-450.33-30 20.00 340.00 AF51519-0278 Analysis 050-9000-450.33-30 150.00 AF51195-0278 Analysis 050-9000-450.33-30 90.00 AF51007-0278 Analysis 050-9000-450.33-30 60.00 AF51064-0278 Analysis 050-9000-450.33-30 20.00 71706 7/8/05 Eastern municipal water district 6/21/05 1662370 Utilities 301-8833-500.35-10 11.39 11.39 71707 7/8/05 Elite fire protection 22905 Services rendered 010-1700-417.33-10 48.00 48.00 71708 7/8/05 Federal express 5-475-13026 Postage 010-2500-425.21-10 11.00 11.00 71709 7/8/05 Hogle-ireland 8331 Professional services 010-1700-417.30-90 190.00 9,072.50 8331 Professional services 010-1700-417.30-90 356.25 8331 Professional services 010-1700-417.30-90 1,045.00 8331 Professional services 010-1700-417.30-90 1,496.25 8331 Professional services 010-1700-417.30-90 475.00 8331 Professional services 010-1700-417.30-90 688.75 8331 Professional services 010-1700-417.30-90 332.50 8331 Professional services 010-1700-417.30-90 712.50 8331 Professional services 010-1700-417.30-90 190.00 8331 Professional services 010-1700-417.30-90 118.75 8331 Professional services 010-1700-417.30-90 261.25 8331 Professional services 010-1700-417.30-90 1,140.00 8331 Professional services 010-1700-417.30-90 617.50 8331 Professional services 010-1700-417.30-90 166.25 8331 Professional services 010-1700-417.30-90 308.75 8331 Professional services 010-1700-417.30-90 332.50 Page 11 City of San Jacinto Date: 07/21/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 71709... 7/8/05... Hogle-ireland... 8331 Professional services 010-1700-417.30-90 23.75 9,072.50... 8331 Professional services 010-1700-417.30-90 617.50 71711 7/8/05 Home depot credit services 7110925 Supplies 028-7100-410.40-01 29.49 29.49 71712 7/8/05 Horizon water 6/28 CITY Supplies 010-2500-425.21-10 35.00 35.00 71713 7/8/05 Hughes supply inc. S118547514.001 Supplies 050-9000-450.21-80 402.52 402.52 71714 7/8/05 Imageone 13591 Professional services 099-1700-417.30-90 7,458.44 7,458.44 71715 7/8/05 J & m air conditioning 83128 Services rendered 010-3100-431.33-10 240.00 240.00 71716 7/8/05 J & r concrete prod. inc. 24388 Supplies 050-9000-450.33-30 198.48 198.48 71717 7/8/05 Kill-n-bugs termite& pest control REQUEST 6/30/05 Holmes - 163 san jacinto 099-9700-470.40-01 2,575.00 2,575.00 -4 3127. 4 71718 7/8/05 La chemcial 333084 Supplies 050 9000 50 33 30 3 PP � 3,127.34 71719 7/8/05 Lancaster contract survey compan 05-064 Professional services 068-4149-410.40-01 20,985.00 20,985.00 71720 7/8/05 Malcolm smith motorsports 99412547 Auto repair 024-3100-431.33-50 4,322.25 4,322.25 71721 7/8/05 Matich corporation REQUEST 6/29/05 Progress pymt 3 010-4149-410.40-01 447,973.68 416,784.31 REQUEST 6/29/05 Progress pymt 3 022-4150-410.40-01 4,120.00 REQUEST 6/29/05 Progress pymt 3 022-4150-410.40-01 11,000.00 REQUEST 6/29/05 Progress pymt 3 022-0000-210.20-25 -46,309.37 71722 7/8/05 Micro mobile 12802 Supplies 050-9000-450.33-50 179.30 179.30 71723 7/8/05 Mission uniform services, inc. 17952827 Uniform supplies 010-4150-410.21-35 58.06 158.63 17955590 Uniform supplies 050-9000-450.21-35 6.07 17955592 Uniform supplies 010-4150-410.21-35 54.67 S 05840 Uniform supplies 010-4150-410.21-35 8.50 17955591 Uniform supplies 010-7100-410.21-35 31.33 71724 7/8/05 Office team 13560167 Temp employees 010-3300-431.30-90 491.12 491.12 71725 7/8/05 Overnight industrial 27422 Supplies 010-1700-417.21-10 63.44 63.44 71726 7/8/05 Party planners 904 Professional services 010-2510-425.40-12 2,110.55 3,110.55 905 Professional services 010-2510-425.40-12 1,000.00 71727 7/8/05 Pepperball technologies, inc. 0014193 Supplies 010-3100-431.31-20 450.00 450.00 71728 7/8/05 Pju telecomm 12949 Telephone 010-1700-417.33-10 260.00 321.00 Page 12 City of San Jacinto Date: 07/21/2005 Warrant Register tion Account Transaction Check Check Check Date VendorName Invoice Number Description Number Number Amount Total 71728... 7/8/05... Pju telecomm... 12880 Telephone 010-2500-425.35-16 61.00 321.00... 71729 7/8/05 Retired plumber& son 22239 Supplies 028-7100-410.40-01 1,800.00 1,800.00 71730 7/8/05 Riverside county of, HS0000001345 Shelter/field srvc 3/2005 010-3320-431.34-05 32,733.45 32,733.45 71731 7/8/05 Riverside county sheriffs SH0000003630 Booking fees 5/2005 010-3100-431.30-19 4,636.80 4,636.80 71732 7/8/05 Rosenow spevacek group inc. 16203 Professional services 096-1700-417.30-90 5,100.00 17,676.63 16203 Professional services 010-1700-417.30-90 10,435.00 16203 Professional services 099-1700-417.30-90 2,141.63 71733 7/8/05 Shi-software house international 25D03 Software license upgrade 050-1400-414.40-45 343.72 343.72 71734 7/8/05 Smart &final 40868 Supplies 010-2500-425.21-10 54.69 54.69 71735 7/8/05 Staples credit plan 21239 Office supplies 010-1700-417.21-10 182.10 349.05 21239 Office supplies 102-1400-500.40-45 166.95 71736 7/8/05 Tri-lake consultants, inc. 3167 Professional services 029-8662-417.30-90 13,485.70 13,485.70 71737 7/8/05 United green mark, inc. 5921749-00 Supplies 010-7100-410.33-30 243.79 685.17 5921748-00 Supplies 010-7100-410.33-30 398.41 5921437-01 Supplies 010-7100-410.33-30 42.97 71738 7/8/05 Valley chronicle, the 4517172-001 Advertisment 010-4200-410.21-10 180.40 541.20 4517173-001 Advertisment 010-4200-410.21-10 180.40 4517174-001 Advertisment 010-4200-410.21-10 180.40 71739 7/8/05 Valley diesel 4205 AutO repair 010-7100-410.33-50 288.57 288.57 71740 7/8/05 Valley service connection 2542 Main st clean up may 05 010-7100-410.34-05 924.00 1,344.00 2542 Vir/city clean up may 05 010-2500-425.33-10 420.00 71741 7/8/05 Valley steel and welding 10324 Services rendered 010-4150-410.33-50 25.00 25.00 71742 7/8/05 Xerox corporation 010453596 Lease on copiers 010-3100-431.34-05 184.15 368.59 010399920 Lease on copiers 010-4200-410.34-05 184.44 71743 7/7/05 State water resources control boar REQUEST 7/07/05 Notice of intent lyon bas 039-4155-410.40-01 687.00 687.00 Total Checks 1,905,442.34 Page 13 AGENDA 3. �- MINUTES SPECIAL MEETING OF THE SAN JACINTO CITY COUNCIL JULY 13, 2005 — 6:00 AM San Jacinto City Hall Conference Room 201 E Main Street, San Jacinto, California 1. ORGANIZATION • Call to Order Mayor Chris Carlson Buydos called the special meeting of the San Jacinto City Council to order at 6:04 a.m. • Roll Call Present: Jim Ayres, Chris Carlson Buydos, Robert Ritchie, Ken Shaw, Dale Stubblefield Absent: None 2. PUBLIC COMMENTS None 3. PUBLIC HEARING: None 4. CITY DEPARTMENTS: None 5. CONSENT CALENDAR None 6. CHAIRMAN / MEMBER REPORTS / DISCUSSION None Page 1 of 2 7. OPEN SESSION ANNOUNCEMENTS CLOSED SESSION: 7.1 PUBLIC EMPLOYEE APPOINTMENT: Title: Interim City Manager No reportable action. 8. ADJOURNMENT Following unanimous consent, Mayor Buydos adjourned the meeting at 6:23 a.m. City of San Jacinto By Chris Carlson Buydos, Mayor ATTEST: Dorothy L. Chouinard, City Clerk Page 2 of 2 AGENDA ITEM July 21, 2005 TO: The Honorable Mayor and Members of the City Council FROM: Bernie Simon, Finance Director SUBJECT: Treasurer's Report at April 30, 2005 RECOMMENDATION: Receive and File Treasurer's Report for April 30, 2005. BACKGROUND: Total Cash and City Investments decreased 0.14% during the month. This includes cash, cash in bank and cash with trustee. At April 30, 2005, $564,847 remains from the original $1.3 million loan from RCTC in 1998. Some of the largest expenditures during the month included items such as: • $1,130,500 to Western Riverside Council for March 2005 TUMF; ✓ $314,887 to the Riverside Sheriff's Dept for police services from 12/9/04 - 1/5/05; y $237,469 to the Riverside Fire Dept. for October - December 2004 fire protection services; • $186,265 to the County of Riverside for ERAF due from the RDA; and $182,073 to the Regional Conservation Authority of Riverside County for MSHCP fees for March 2005. The Treasurer's report is a "snapshot" report of our cash position on the last day of the month in all of our accounts. Approvals City Manager / Finance Director: Page 1 of 1 Page 1 CITY OF SAN JACINTO TREASURERS REPORT FOR THE MONTH ENDING APRIL 30,2005 3/31/2005 4/30/2005 % change 4/30/2005 COMPUTED INVESTMENT INSTITUTION INTEREST PURCHASE MATURITY PREV.MONTH CURRENT from prior MARKET ACCRUED TYPE SERIAL# RATE YIELD DATE DATE BALANCE BALANCE month VALUE INTEREST STATE POOL L.A.I.F. 2.724% 2.724% Various Open $25,204,787 $25,204,787 0.00% $25,261,218 $56,431 Money Market Bank of Hemet 1.490% 1.490% 11/1/2001 Open $1,814,081 $3,167,755 74.62% $3,167,755 n/a DEMAND Account Bank of Hemet 0.000% 0.00 Various Open $3,451,565 $2,395,326 -30.60% $2,395,326 n/a PAYROLL Account Bank of Hemet 0.000% 0.00 Various Open $63,412 $26,664 -57.95% $26,664 n/a IMPREST Account Bank of Hemet 0.000% 0.00 Various Open $2,500 $2,500 0.00% $2,500 n/a Cash on Hand 0.000% 0.00 Various n/a $600 $600 0.00% $600 n/a TOTAL CITY INVESTMENTS 8,FUNDS $30,536,945 $30,797,632 0.85% $30,854,063 $56,431 RESTRICTED CASH WITH FISCAL AGENT(BOND FUNDS Trustee CFD NO 2 Mutual Fund Union Bank Blkrock Prov.T-Fund 6711695201 2.570% 2.570% Various Open $321,415 $321,990 0.18% $321,990 n/a Mutual Fund Union Bank Blkrock Prov.T-Fund 6711695202 2.570% 2.570% Various Open $0 $0 0.00% $0 n/a Mutual Fund Union Bank Blkrock Prov.T-Fund 6711695203 2.570% 2.570% Various Open $0 $0 0.00% $0 n/a Mutual Fund Union Bank Blkrock Prov.T-Fund 6711695204 2.570% 2.570% Various Open $14,929 $14,956 0.18% $14,956 n/a Corporate Obligations Union Bank Bayerische Lankbk GIC 6711695204 4.050% 4.050% 10/10/2002 9/1/2014 $748,800 $748,800 0.00% $748,800 n/a Mutual Fund Union Bank Blkrock Prov.T-Fund 6711695205 2.570% 2.570% Various Open $40,480 $40,552 0.18% $40,552 n/a Mutual Fund Union Bank Blkrock Prov.T-Fund 6711695206 2.570% 2.570% Various Open $837,655 $839,152 0.18% $839,152 n/a Mutual Fund Union Bank Blkrock Prov.T-Fund 6711695207 2.570% 2.570% Various Open $234 $0 -100.00% $0 n/a Mutual Fund Union Bank Blkrock Prov.T-Fund 6711695208 2.570% 2.570% Various Open $0 $235 100.00% $235 n/a Mutual Fund Union Bank Blkrock Prov.T-Fund 6711695301 2.570% 2.570% Various Open $197 $197 0.00% $197 n/a Mutual Fund Union Bank Blkrock Prov.T-Fund 6711695401 2.570% 2.570% Various Open $846 $848 0.24% $848 n/a Mutual Fund Union Bank Blkrock Prov.T-Fund 6711695501 2.570% 2.570% Various Open $15,030 $15,057 0.18% $15,057 n/a TOTAL CFD NO 2 $1,979,586 $1,981,787 0.11% $1,981,787 n/a 1993 RDA SAN JACINTO TAX ALLOCATION BONDS Mutual Fund Union Bank Blkrock Prov.T-Fund 7-15639 2.370% 2.370% Various Open $335,790 $336,390 0.18% $336,390 n/a ASSESSMENT DISTRICT 94-1 Money Market Union Bank Alamo Capital 678544857 1.230% 1.230% Various Open $22,415 $22,415 0.00% $22,415 n/a Cash Union Bank Blkrock Prov.T-Fund 7-15777 2.570% 2.570% Various Open $0 $0 0.00% $0 n/a TOTAL ASSESSMENT DISTRICT 94-1 $22,415 $22,415 0.00% $22,415 n/a 1997 WATER IMPROVEMENT REVENUE BONDS Mutual Fund Union Bank Blkrock Prov.T-Fund 7-15980 2.570% 2.570% Various Open $1,461,728 $1,370,555 -6.24% $1,370,555 n/a Mutual Fund Union Bank Blkrock Prov.T-Fund 7-15980-06 2.570% 2.570% Various Open $206,741 $207,111 0.18% $207,111 n/a TOTAL 1997 WATER IMPROV. $1,668,469 $1,577,666 -5.44% $1,577,666 n/a 2002 WATER REVENUE BONDS Mutual Fund Union Bank Blkrock Prov.T-Fund 6-711682901 2.360% 2.360% Various Open $0 $276 100.00% $276 n/a Mutual Fund Union Bank Blkrock Prov.T-Fund 6-711682902 2.360% 2.360% Various Open $52,459 $0 -100.00% $0 n/a I Mutual Fund Union Bank Blkrock Prov.T-Fund 6-711682903 2.360% 2.360% Various Open $170,000 $0 -100.00% $0 n/a TOTAL 2002 WATER REVENUE BONDS $222,459 $276 -99.88% $276 n/a 1999 RDA SOBOBA TAX ALLOCATION BONDS Mutual Fund Union Bank Blkrock Prov.T-Fund 7-16274 2.570% 2.570% Various Open $88,355 $88,513 0.18% $88,513 n/a Prepared By: City Accountant 6/28/2005 Page 2 CITY OF SAN JACINTO TREASURERS REPORT FOR THE MONTH ENDING APRIL 30,2005 3/3112005 4/30/2005 % change 4/30/2005 COMPUTED INVESTMENT INSTITUTION INTEREST PURCHASE MATURITY PREY.MONTH CURRENT from prior MARKET ACCRUED TYPE SERIAL# RATE YIELD DATE DATE BALANCE BALANCE month VALUE INTEREST ASSESSMENT DISTRICT 87-1 Cash BNY Bank of New York 411795 0.000% 0.000% Various Open $666 $666 0.00% $666 n/a RCTC LOAN Money Market USB US Bank 95-444672 1.940% 1.940% Various Open $563,918 $564,847 0.16% $564,847 n/a TOTAL CASH WITH FISCAL AGENT $4,881,658 $4,572,560 -6.33% $4,572,560 n/a TOTAL ALL FUNDS $35,418,603 $35,370,192 -0.14% $35,426,623 $56,431 I CERTIFY THAT THESE INVESTMENTS COMPLY WITH ALL STATE LAWS PERTAINING TO THE INVESTMENT OF LOCAL AGENCY FUNDS AND THE CITY OF SAN JACINTO'S INVESTMENT POLICIES.CITY OF SAN JACINTO MEETS OR EXCEEDS THE SIX MONTH CASH FLOW REQUIREMENTS AS PER GOVERNMENT CODE 53646(/b)(3). t ES W.POTTS,TREASURER City of San Jacinto Prepared By: City Accountant 6/28/2005 Large Expenditures for Treasurer's Report[Over$40,000] Checks Written During Month of April 2005 Check Date Payee Amount Details 70668 04/07/05 Riverside County Fire Dept $ 237,468.89 Contract Services for 10/2004-12/2004 period 70810 04/21/05 Riverside County Sheriffs Dept $ 314,886.62 Contract Services for 12/9/04-1/5/05 period 70965 04/29/05 County of Riverside $ 186,264.76 ERAF:$157,487.08=San Jacinto Project Area+ +$30,777.68=Soboba Project Area 70873 04/25/05 Regional Conservation Authority $ 182,073.00 March 05 MSHCP Fees 70874 04/25/05 Western Riverside Council $ 1,130,500.00 March 05 TUMF 70696 04/07/05 Tri-Lake Consultants $ 45,639.96 Professional Services 70826 04/21/05 Tri-Lake Consultants $ 59,534.98 Professional Services 70964 04/29/05 Eastern Municipal Water District $ 606,317.02 RDA Pass-Through Property Taxes SUBTOTAL CHECKS $ 2,762,685.23 Wire transfers to fiscal agent $ - See detail below Other wires: First American Title $ 138,434.95 For the purchase of West San Jacinto Fire Station(#2)land Specifically APN 431-150-002 and APN 431-150-029 SUBTOTAL WIRES $ 138,434.95 TOTAL LARGE DISBURSEMENTS $ 2,901,120.18 Transfers of Funds to Fiscal Agents and Payments Out by Fiscal Agents on Behalf of City or RDA To Fiscal Agents: 411795 $ - Remit AD 87-1 Assessments to Trustee[by check above] 671 168 2901 $ - 2002 Water Revenue Bonds 671 169 5201 $ - CFD#2(5200) 671 169 5208 $ - CFD#2(5200) 671 169 5502 $ - 2002 Local Agency Revenue Bonds,Series A(Tranche A) 671 169 5503 $ - 2002 Local Agency Revenue Bonds,Series A(Tranche B) 671 169 5504 $ - 2002 Local Agency Revenue Bonds,Series A(Tranche C) 70001 5639 $ - 1993 RDA San Jacinto Tax Allocation Bonds 70001 5777-00 $ - AD 94-1 70001 5980 $ - 1997 Water Improvement Bonds 70001 6274-01 $ - 1999 RDA Soboba Tax Allocation Bonds Total transfers to trustee funds for debt $ service requirements Fiscal Agents Paid Out: 411795 $ - AD 87-1 Interest 671 168 2902 $ 52,458.75 2002 Water Revenue Bonds Interest 671 168 2903 $ 170,000.00 2002 Water Revenue Bonds Principal 671 169 5202 $ - CFD#2 Interest Prepayment 2002 Series A 671 169 5208 $ - CFD#2 Special Tax Prepayments 2002 Series A 671 169 5301 $ - CFD#2 P&12002 Subordinate Series B 671 169 5502 $ - CFD#2 2002 Local Agency Revenue Bonds Debt Svcs Fund Tranche A 671 169 5503 $ 639,045.00 CFD#2 2002 Local Agency Revenue Bonds Debt Svcs Fund Tranche B 671 169 5504 $ - CFD#2 2002 Local Agency Revenue Bonds Debt Svcs Fund Tranche C 70001 5639 $ - 1993 RDA San Jacinto Tax Allocation Bonds 70001 5777-00 $ - AD 94-1 P&I 70001 5980 $ 93,735.00 1997 Water Improvement Bonds 70001 6274-01 $ - 1999 RDA Soboba Tax Allocation Bonds $ 955,238.75 2005-04 Apr Treasurers Report.xls-April Large Checks-Page 1 of 1 Fctwided 7/al 1°5 Phil Anaelides, State Treasurer Inside the State Treasurer's Office L .-)ca1 Agency investment Fund (LA1F PMIA Performance Report LAIF Performance Report Average Quarter Ending 3131/05 Daily Quarter to Maturity Date Yield Date Yield (in days) Apportionment Rate: 2.38% 5/19/2005 _ 7 - 178 Earnings Ratio: .00006516177802079 5/20/2005 2.87 2.77 178 Fair Value Factor: .996466418 5/21/2005 2.87 2.77 178 5/22/2005 2.87 2.78 178 5/23/2005 2.87 2.78 174 5/24/2005 2.88 2.78 173 5/25/2005 2.89 2.78 170 5/26/2005 2.90 2.78 174 PMIA Average Monthly Effective Yields 5/27/2005 2.90 - 2.79 174 5/28/2005 2.90 2.79 174 April 2005 2.724% 5/29/2005 2.90 2.79 174 March 2005 2.542% 5/30/2005 2.90 2.79 174 February 2005 2.368% 5/31/2005 2.93 2.79 170 6/1/2005 2.94 2.80 175 Pooled Money Investment Account Portfolio Composition $60.4 Billion 4/30/05 Loans Treasuries Corporate Bonds 8.87% 1361a, 2 39% Mortgages 0.95% Commercial Paper 14.85% Agencies 25.4> Time Deposits 11.30% a% .2 AGENDA ITEM `l July 21, 2005 TO: The Honorable Mayor and Members of the City Council 1 FROM: Tim Hults, Community Development Director ` SUBJECT: Adoption and Second Reading of Ordinance 05-26, approving Zone Change 3-05 on land located north of Esplanade Avenue between Mountain Avenue and Ramona Expressway. RECOMMENDATION: By motion, approve second reading and adopt Ordinance No. 05-26 and by further motion read by title only AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING CHANGE OF ZONE 3-05, RE- ZONING CERTAIN REAL PROPERTIES LOCATED NORTH OF ESPLANADE AVENUE BETWEEN MOUNTIAN AVENUE AND RAMONA EXPRESSWAY FROM COMMERCIAL TO R-1 (SINGLE FAMILY RESIDENTIAL) BACKGROUND: On July 7, 2005, the City Council introduced Ordinance No. 05-26 to change the zoning designation from Commercial to Single Family Residential (R-1) for the entire property. That action authorized the future development of a residential development on that property. The Zone Change is now back before the City Council for adoption and second reading. JUSTIFICATION: This action will bring the zoning classification of the property into conformance with the proposed use. BUDGETARY IMPACT: Approvals None anticipated. City Manager: Finance Director: Page 1 of 2 ATTACHMENT: ■ Ordinance 05-26 Page 2 of 2 STATE OF CALIFORNIA ) ORDINANCE NO: 05-26 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING CHANGE OF ZONE 3-05, RE-ZONING CERTAIN REAL PROPERTIES LOCATED NORTH OF ESPLANADE AVENUE BETWEEN MOUNTAIN AVENUE AND RAMONA EXPRESSWAY FROM COMMERCIAL TO R-1 (SINGLE FAMILY RESIDENTIAL). THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On May 26, 2005, the Planning Commission conducted a public hearing and recommended approval of a proposal to Change the Zoning for the subject site, as shown on Exhibit "A" attached hereto and incorporated herein, from Commercial (C) to R-1 (Single Family Residential). Section 2. On July 7, 2005, the City Council conducted a public hearing and approved the Change of Zone of the subject site, as shown on Exhibit "A" attached hereto and incorporated herein from Commercial (C)to R- 1 (Single Family Residential). Section 3. That the official Zoning Map of the City Council is hereby amended by adding thereto Change of Zone 3-05 as herein set forth. Section 4. That the official Zoning Ordinance 340, of the City Council is hereby amended by adding thereto Change of Zone 3-05 as set forth herein. Section 5. That the zoning of the property in the City of San Jacinto, as shown on Exhibit "A" attached hereto and incorporated herein, is hereby established as R-1, Single Family Residential. Section 6. The City Clerk shall certify the adoption of this ordinance and cause the same to be published in a newspaper of general circulation printed and published in the County of Riverside, State of California. Introduced at a regular meeting of said City Council on the 7th day of July 2005. MOVED, PASSED, AND ADOPTED at a 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 CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) I, Dorothy L. Chouinard, hereby certify that the foregoing is a true copy of Ordinance No. duly adopted by the City Council of City of San Jacinto, California at a regular meeting thereof held the day of _ , 2005. WITNESS my hand and official seal of the City of San Jacinto this day of , 2005. Dorothy L. Chouinard, City Clerk IN THE CITY OF SAN JACINTO, CALIFORNIA SEC.28,T.4S.,R.IW. ZONE CHANGE PLAT EXHIBIT "A" ORDINANCE 05-26 SITE• , tt came iI VICINITY iTHOMAS BROS.PAGE 810-F3 / i OWNER APPLICANT SRG ACREAGE1/2 LOT 22 7IE NELSON FAMILY TRUST OW ESIRHEERING LARGE SFD ' APN: 433-100-005 I P.O.BOX 14127 SPRINGS EX. ZONING C-1 WARM SPRINGS STATION 303 E.RCRIDA AVE STE 201 FREAIONT CA.34532 NEMEI CA 92543 I PROP. GEN. PLAN LOW DENSITY RESIDENTIAL N 45'10'44'E 859.2 i' ASSESSOR'S PARCEL NOS. 50930407 \ W i NUMBER OF LOTS ACREAGE LOT SIZE W > 37.IOTS(7203 SQUARE FOOT MN) 9.44 AC. T2W MN a i DESCRIPTION 18 8F�MAX a THE NORTMVESTFALY HALF OF LOT 22 OF NT HE-NUTS PLAT OF SAN JACINTO. V '0— IN THE CITY OF SAN JACINTO,COUNTY OF RIVERSIDE,STATE OF CAUFORNIA AS L7 Q= 1,1 V/I SHOWN BY LAP ON FILE N BOOK 5,F/A3 358 OF MAPS,SANDIEGO COUNTY RECORDS. Zul ♦I/ N U- R EX. "BONE C�I 4I' cEoMMST�NG/PROPOSED ZONING pQ.. L w M L Lu m z COMMERCIAL Ll I '�` PROPOSED LAND USE EXISTING LAND USE po• X Z T2W 80.FT.MIN_RESIDENTAL VACANT/RESIDENTIAL cO LU i �v�i u GENERAL PLAN DESIGNATION C - 1,_ Z W Z LOW DENSITY RESIDENTIAL 3 PROP. ZONE R-1 al `m2 UFO N ADJACENT LAND USE PUBLIC UTILITIES n RESIDENTIAL a Z I a uT z Ili NORTH.VACANTIRESIDENTIAL OAS-SOUTHERN CAUFORNA GAS CO. a v GEN. PLAN DESIGNATION LOW DENSITY RESIDENTIAL 01 EASLVACAMIRESIOENTAL ELECTRIC•SOUTHERN CALIFORNIA EDISONOD. Y SOUTH-RESIDENTIAL WATER•EASTERN MUNICIPAL WATER DISTRICT Z WEST-RESILEMWL SEWER-CITY OF SAN JACINTOLAQ p TELEPHONE ON m FLOOD ZONE CABLE-AOBPIRA AeA S N ce I 05505E CCOSO.ZONE >54 71• 71' ESTIMATE OF EARTHWORK QUANTITIES y'2 441 N 45'07'42" E 876.37' cuT 2003 C.V. ZF FILL 30300C.Y. ZT I I SRINANSUBS. 9003CY. C1 7 L'Up IMPORT 3E1000C.Y. U;<2 SLY 1/2 LOT 22 0 p z LARGE ACREAGE BFD _-1 ¢ APR 647-130-008 E z ib. EX. ZONING C-1 Cik) n a N tiZ w f7 a SCALE 1"=60' CC GRAPHIC S1A1 F EL 50 120 180 210 SEAL SEAL APPROVED BY: OATS IN THE CITY Of SAN JACINTO,CALIFORNIA 3 ET NO.:r ,f���'`�` - + ENGINEERING — A CIVIL ENGINEERS ZONE CHANGE PLAT 1 ►aw PREPARED BY: DATE _ - — _ OF ' 9• 803 E RORIDA AVE STE At Prop:P31)TT88TTT ?vc.N' Maul G8T3F] FBI 1831)Tfi8dTT5 -IFItE ICE NO. EAR DATE IT% DATE OF%M80n 01 0A a� J A,DAAi I IVAA M T001 T01.0.8 1 4i[L July 21, 2005 AGENDA ITEM The Honorable City y Council FROM: Jim Potts, City Treasurer and Bernie Simon, Finance Director Subject: CAMP Application and review of CAMP program RECOMMENDATION: By motion, to review and execute the California Asset Management Trust application, to invest in shares of the Trust and individual shares. BACKGROUND/DISCUSSION: Due to other pressing priorities the CAMP application was not completed at the time the Resolution was passed and approved. It is now a priority due to the increase of investment funds available. Resolution NO. 2532 was passed, approved and adopted on April 1, 2004 authorizing the City of San Jacinto to join CAMPS. The California Asset Management Program (CAMP) was established in 1989 as a Joint Powers Authority (JPA) to provide to local California governments with investment management services for the proceeds of debt issues and related administrative services ensure compliance with all aspects of Treasury Department's arbitrage rebate regulations. In 1997, at the request of participants, CAMP began managing general funds for California public entities as well. Currently CAMP has approximately $680 million in public assets under management. The Program consists of the California Asset Management Trust, a professionally managed money market portfolio, which offers daily liquidity and a competitive money market rate of return. The Trust is used for the temporary investment of funds pending their expenditure. As part of CAMP's services, public agencies may also establish individual, professionally managed investment under separate contract with the program's investment advisor. The individual portfolios permit public agencies to have an investment portfolio tailored to their specific investment needs and objectives. Approvals City Manager: ____,/______ Finance Director: Some of the key benefits of the JPA are as follows: • Safety: Standard and Poor's, one of the nationally recognized rating agencies, reviews the assets of the Trust each week. For the Trust to maintain the "Aam" rating, the portfolio must meet certain credit rating standards and not exceed the average maturity allowed by S&P. In addition, all cash and securities are held by a third-party custodian, Bank of New York-Western Trust • Daily liquidity: The City of San Jacinto may make withdrawals any time (same day if CAMP is notified by 9:00 a.m.) and there is no limit on the number of transactions • Competitive money market yields • Unlimited deposits and withdrawals • Interest earned daily and credited monthly • Individually managed portfolios which can be invested solely in securities permitted by the City of San Jacinto investment policy or trust indenture • Services to ensure compliance with Treasury Department's arbitrage regulations for bond proceeds including arbitrage tracking, expenditure tests, annual estimates of rebate liability and rebate calculations on Installment Computation Dates. • Monthly portfolio reports CAMP is governed by a five-member board of highly respected California treasurers and finance directors. Public Financial Management provides day-to- day-portfolio management and program administrative services. PFM is a leading investment advisor providing investment services exclusively to the public sector. PFM has been serving public agencies for more than 20 years and currently manages more than $10 billion in public assets. Cost As with all money market funds and with the State of California's pooled investment fund, LAIF, all expenses of the Trust are deducted from the yield. There are no out-of-pocket expenses for money invested in the Trust. If the City of San Jacinto were to use an individual portfolio, the cost is 10 basis points (1/10 of 1%) of the assets under management for the first $25 million and 8 basis points (0.0008) for assets over $25 million. The CAMP Cash Reserve Portfolio is a long-established, very safe short- term investment alternative. FISCAL IMPACT: Becoming a participant of CAMP would allow the City of San Jacinto to have another investment tool and to potentially have a higher yield for short term investments and allow the diversity of funds as dictated by the investment policy. ATTACHMENTS: 1. Account Registration Form 2. Declaration of Trust 3. Resolution No. 2532 4. CAMP Annual Report 2003 alOOP CALIFORNIA ASSET MANAGEMENT PROGRAM JOIN POWERS AUTHORITY ATTACHMENT B ACCOUNT REGISTRATION FORM INSTRUCTIONS Please complete Parts I through III of the Account Registration Form and Schedule A (required only for bond proceeds), and return them to the Investment Adviser. If you have any questions concerning any part of the Account Registration Form, please call the toll-free number 1-800-729- 7665 for assistance. PART I. REGISTRATION Name of Public Agency: City of San Jacinto Mailing Address: 201 E. Main Street City: San Jacinto , CA Zip: 92583 Type of Public Agency: City [County, County Board of Education, County Superintendent of Schools, City, City and County, Regional Transportation Commission,Public Corporation,Public District, Other(Name)] Tax ID Number: 95-6000780 City of San Jacinto Account Title: Bernard Sirron, Finance Director Primary Contact Name: Tide: Telephone: (951) 487-7340 Fax: (931) 654-3728 E-Mail: bsiroon@sanjacintoca.us Secondary Contact Name: Jim Potts Tide: Treasurer Telephone: (951) 487-0011 Fax: (951) 487-0711 E-Mail: B-1 PART IL WITHDRAWAL INSTRUCTIONS (Choose all that apply;wire,ACH,or check) By Wire: The Trust agrees to honor all properly authorized wire transfer requests in accordance with the terms of the Information Statement that is then current. At any time, you may change (a) wiring instructions, (b) authorized representatives, (c)other information. However, you agree that we may rely on the information previously supplied by you until we receive authorized written notification of any change on forms prescribed by the Program. Changes will become effective on the Business Day following receipt of written notice by the Investment Adviser. The Investment Adviser is hereby authorized to act upon instructions received by telephone by the authorized representative(s) listed below to have amounts withdrawn from this account with the Program and wired only to the Federal Reserve member bank account designated below, unless changed by written instructions to the Investment Adviser. It is understood that the Trust will be under no obligation to honor, in whole or in part,any transfer request which (a) exceeds available funds with the Program, (b) is provided by any person other than the authorized persons designated below, (c) is not in accordance with any other requirements stated herein. Bank Name: Bank of Hemet ABA Number: 1222-34194 • Account Name: City of San Jacinto Account Number: 4918934601 Bank Address: 1497 S. San Jacinto St_ sa-, Jacinto CA 92383 0 By ACH: An information packet for Next Day ACH transfers will be sent to you. ❑ By Check: Please complete the endosed Signature Authorization Card,and order checks by choosing either: 0 Small checkbook(50 checks) 0 Large checkbook(300 checks) Public Agency hereby authorizes the Custodian to honor checks drawn by it or on its behalf on the account of California Asset Management Trust and to effect a redemption of sufficient shares in the appropriate Trust account to cover payment of such checks. Public Agency understands that (1) this privilege may be terminated at any time by the Trust or the Custodian and neither shall incur any liability to it for honoring such checks, or for effecting redemptions to pay such checks, or for returning checks which have not been accepted; (2) all checks drawn will require the exact number of signatures as is indicated in Part III. Authorized Representatives; (3) no check shall be issued or honored, or redemption effected, for any amounts represented by shares,unless payment for such shares has been made in full and any checks given in such payment have been collected through normal banking channels;(4) shares purchased by check must be recorded on the Trust's books at least 10 Business Days before a redemption can be effected; and (5) this privilege is subject to all of the terms and conditions contained in the California Asset Management Program Information Statement. Prior notification should be given to the Trust by calling the Investment Adviser at the toll-free number(1-800-729-7665)for a check or checks totaling more than$500,000. B-2 PART III. CERTIFICATION AND SIGNATURES The undersigned certify that: City of San Jacinto Name of Public Agency S. The undersigned affirm that Public Agency has received and read the Trust's Information Statement and agrees to be bound by its terms. 0 The Ordinance/Resolution enclosed herewith, authorizing Public Agency to become a Participant in the California Asset Management Trust,is in effect. ❑ The Ordinance/Resolution has been previously submitted and is in effect. El For bond proceeds, the undersigned further certify that the amounts shown on Schedule A - Deposit Information for Bond Proceeds, - represent the total original proceeds of the related bonds. The undersigned certify that any �- (number) of persons signing below as authorized representatives have the full authority and capacity to open an account with the Program, and to invest funds in and withdraw funds from the Program. The undersigned agree that the certifications, instructions, and authorizations contained in this Account Registration Form will remain in effect until the Investment Adviser receives written notice of change. Authorized Representatives: City of San Jacinto (Name of Public Agency,Trustee or other Fiduciary,if applicable) Name: Chris Carlson Buydos Signature: Title: Mayor Date: Name: Dale Stubblefield Signature: Tide: Vice Mayor Date: Name: Jim Potts Signature: City Treasurer Tide: Date: Additional signatures,if any,may be added on a separate sheet. additional sheet attached Finance Official: Date: Attest: Secretary/Clerk: Date: B-3 PART III. CERTIFICATION AND SIGNATURES The undersigned certify that: City of San Jacinto Name of Public Agency 9 - The undersigned affirm that Public Agency has received and read the Trust's Information Statement and agrees to be bound by its terms. The Ordinance/Resolution enclosed herewith, authorizing Public Agency to become a Participant in the California Asset Management Trust,is in effect. 0 The Ordinance/Resolution has been previously submitted and is in effect. ❑ For bond proceeds, the undersigned further certify that the amounts shown on Schedule A- Deposit Information for Bond Proceeds, - represent the total original proceeds of the related bonds. The undersigned certify that any -a— (number) of persons signing below as authorized representatives have the full authority and capacity to open an account with the Program, and to invest funds in and withdraw funds from the Program. The undersigned agree that the certifications, instructions, and authorizations contained in this Account Registration Form will remain in effect until the Investment Adviser receives written notice of change. City of San Jacinto Authorized Representatives: (Name of Public Agency,Trustee or other Fiduciary,if applicable) Name: Bernard Simon Signature: Title: Finance Director Date: Name: Signature: Title: Date: Name: Signature: Tide: Date: Additional signatures,if any,may be added on a separate sheet. Finance Official: Date: Attest: Secretary/Clerk: Date: B-3 SCHEDULE A- DEPOSIT INFORMATION FOR BOND PROCEEDS ONLY Name and Full Title of Bond Issue: Date Bond Issue Settled: Purpose of Bond Issue: 1. Original proceeds of bond issue (par, less any bond and underwriting discount, plus any premium and accrued interest): $ 2. Total amount of bond proceeds available for deposit into CAMP: $ 3. Difference between 1. and 2.,if any: $ $0.00 The difference,if any,results from: (a) reimbursement on closing date for prior advances Yes ❑ No❑ (b) Payment on closing date of accumulated invoices then due and payable Yes 0 No❑ (c) other (explain): 4. Names and amounts of other related bond funds, (e.g. debt service, sinking fund, debt service reserve fund, revenue fund or other funds that are or may be deemed to be proceeds of the bond issue),if any: 5. Bond yield calculated pursuant to the rebate regulations: °% 6. Official statement enclosed? Yes 0 No ❑ 7. Information return for tax-exempt governmental obligations (8038G) enclosed? Yes ❑ No ❑ 8. Is the Non-Arbitrage Certificate or other related document enclosed? Yes 0 No ❑ 9. Is the 6-month spending exception applicable to this issue? Yes 0 No ❑ 10. Is the 18-month spending exception applicable to this issue? Yes 0 No ❑ 11. Is the 2-year spending exception applicable to this issue? Yes 0 No 0 If YES,has the Participant elected to pay a penalty in lieu of Rebate or to pay rebate if the spending thresholds are not met? Penalty 0 Rebate 0 12. Is the small issuer exception applicable to this issue? Yes ❑ No ❑ B-4 13. Is the increased small issue exception for the construction of public school facilities applicable to this issue? Yes 0 No ❑ 14. Is the issue excepted from rebate because the proceeds are proceeds of a transitional bond pool? Yes 0 No ❑ 15. Deposit made by(CHOOSE ONE): ❑Wire (complete sending bank information below) 0 Check Wire Sent From(Bank Name,Address): ABA Number Account Name: Account Number. Date: B-5 A LI i r.,) CALIFORNIA ASSET MANAGEMENT PROGRAM )('I T PO%°tR$ Ai'1Elt)RITlr CALIFORNIAASShT�� �l�L��l� AG ,�1�I l\T TRUST :, k. D F CLARATION : ' :, ii, , .,, Dated as of December 15, 1989,as amended and restated as of February 28, 2005 50 California Street Suite 2300 San Francisco California 94111 Phone (800) 729-7665 Fax (415) 982-4513 ©2005 California Asset Management Program Table of Contents ARTICLE I. DEFINITIONS 2 ARTICLE II. NAME,PURPOSE AND REPRESENTATIONS 3 Section 2.1. Name 3 Section 2.2. Purpose 3 Section 2.3. Representations of Participants and Investors 4 ARTICLE III. TRUSTEES 4 Section 3.1. Initial Trustees 4 Section 3.2. Number,Qualification,Election and Term of Trustees 4 Section 3.3. Resignation and Removal 5 Section 3.4. Vacancies 5 ARTICLE IV. POWERS OF TRUSTEES 5 Section 4.1. General 5 Section 4.2. Investments 6 Section 4.3. I.,egal Title 6 Section 4.4. Issuance and Redemption of Shares 6 Section 4.5. Borrowing Money and Lending Trust Property 7 Section 4.6. Delegation and Committees 7 Section 4.7. Collection and Payment 7 Section 4.8. Expenses and Limits Thereon 7 Section 4.9. Litigation 7 Section 4.10. Manner of Acting and By-Laws 7 Section 4.11. Miscellaneous Powers 8 ARTICLE V. INVESTMENT ADVISORY AND OTHER SERVICES TO TRUST 8 Section 5.1. Investment Adviser and Approval of Agreements 8 Section 5.2. Other Activities of Investment Adviser 9 Section 5.3. Other Services to the Trust 9 ARTICLE VI. LIMITATIONS OF LIABILITY 9 Section 6.1. No Personal Liability 9 Section 6.2. Non-Liability and Indemnification of Trustees and Others 10 Section 6.3. Surety Bond Required 10 Section 6.4. No Duty of Investigation and Notice in Trust Instruments 10 Section 6.5. Reliance on Experts 10 Section 6.6. Immunity from Liability,etc 11 Section 6.7. Further Restriction of Duties and Liabilities 11 ARTICLE V1I. SHARES OF BENEFICIAL INTEREST 11 Section 7.1. Beneficial Interest 11 Section 7.2. Rights of the Shareholders 11 Section 7.3. Establishment of a Trust 12 Section 7.4. Register of Shares 12 Section 7.5. Transfer of Shares 12 Section 7.6. Notices 12 Section 7.7. Approval Powers 13 Section 7.8. Series and Classes of Shares 13 -1- ARTICLE VIII. REDEMPTIONS 14 Section 8.1. Redemptions 14 Section 8.2. Suspension of Right of Redemption 15 Section 8.3. Redemptions to Reimburse Trust for Loss on Nonpayment for Shares or for Other Charges 15 Section 8.4. Redemptions Pursuant to Constant Net Asset Value Policy 15 Section 8.5. Redemptions in Kind 15 Section 8.6. Minimum Investment 16 ARTICLE IX. DETERMINATION OF NET ASSET VALUE,NET INCOME AND DISTRIBUTIONS 16 By-Laws to Govern Net Asset,Net income and Distribution Procedures 16 ARTICLE X. DURATION,TERMINATION AND AMENDMENT 16 Section 10.1. Duration 16 Section 10.2. Termination of Trust 16 Section 10.3. Amendment Procedure 17 Section 10.4. Merger,Consolidation and Sale of Assets 17 ARTICLE XI. MISCELLANEOUS 18 Section 11.1. Governing Law 18 Section 11.2. Counterparts 18 Section 11.3. Adoption by California Public Agencies 18 Section 11.4. Certificates 18 Section 11.5. Provisions in Conflict with Law or Regulations 18 Section 11.6. Index and Headings for Reference Only 19 Section 11.7. Successors in Interest 19 -11- THIS DECLARATION OF TRUST, made as of December 15, 1989 by the Initial Participants, is amended and restated as of February 28, 2005. Capitalized terms used herein shall have the meanings specified in Article I. WITNESSETH WHEREAS, Section 6502 of the Act provides that "if authorized by their legislative or other governing bodies,two or more public agencies by agreement may jointly exercise any power common to the contracting parties";and WHEREAS, Section 6509.7(a) of the Act provides that "two or more public agencies that have the authority to invest funds in their treasuries may,by agreement,jointly exercise that common power"; and WHEREAS, Section 6500 of the Act defines "Public Agency" to include "any state department or agency, a county, county board of education, county superintendent of schools, city, public corporation,public district,regional transportation commission of this state"; and WHEREAS, Section 6509.7(b) of the Act provides that in addition to those public agencies listed in Section 6500, the definition of"Public Agency" also includes "a nonprofit corporation whose membership is confined to public agencies or public officials";and WHEREAS, the Initial Participants are both California Public Agencies and are both authorized to invest funds pursuant to the Government Code of the State of California;and WHEREAS, the Initial Participants have been authorized by their legislative or other governing bodies, and desire to agree by this Declaration of Trust,to jointly exercise their common power to invest funds through creation of the Trust as a separate entity under the Act;and WHEREAS,the Initial Participants anticipate that other California Public Agencies as defined by the Act, as it may be amended from time to time, may wish to become Participants by adopting and executing this Declaration of Trust and thus becoming parties to it; and WHEREAS,Section 6509.7(a) of the Act provides that Public Agencies' funds invested pursuant to an agreement entered into under the Act may be invested as authorized under subdivision (o) of Section 53601 of the California Government Code; and WHEREAS, Section 53601 of the California Government Code, subdivision (o), makes shares of beneficial interest issued by the Trust eligible investments for Public Agencies;and WHEREAS, Public Agencies that do not wish to become parties to this Declaration of Trust, but that wish to acquire Shares of Beneficial Interest issued by the Trust, may do so on terms provided hereunder and in accordance with the By-Laws governing the Trust. NOW, THEREFORE, the Initial Participants hereby declare that all money and property contributed to the Trust established under this Declaration of Trust shall be held and managed in trust for the benefit of holders, from time to time, of the Shares of Beneficial Interest issued hereunder and subject to the provisions hereof. 1 ARTICLE I. DEFINITIONS Except as otherwise expressly provided for in this Declaration of Trust, or unless the context otherwise requires, as used throughout this Declaration of Trust the following terms shall have the respective meanings specified below. Act: The Joint Exercise of Powers Act, Section 6500 et seq. of Title 1, Division 7, Chapter 5 of the Government Code of the State of California. Affiliate: As to any person, any other person who owns beneficially, directly or indirectly, 1% of the outstanding capital stock or equity interest of such person or of any other person who controls, is controlled by or is under common control with such person, or is an officer, retired officer, director, employee,partner or Trustee of such person or of any other person who controls,is controlled by or is under common control with such person. By-Laws: The By-Laws of the Trust made as of December 15, 1989, as amended and restated from time to time. Cash Reserve Portfolio: A short-term money market portfolio of the Trust which is divided into two Series of Shares,the Participant Shares Series and the Investor Shares Series. Certificate of Determination: An instrument, a copy of which is attached hereto as Exhibit A and incorporate by reference here, which has been approved by a majority of the Trustees establishing a Class or Series of Shares of a particular Class and setting forth therein the relative rights, preferences, approval powers, and terms and conditions of each Series or Class, as may be provided in such instrument. Class. The designation of Shares issued by the Trust which is currently limited to one class known as the "Cash Reserve Portfolio Class of Shares." Declaration of Trust: The Declaration of Trust made as of December 15, 1989 by the Initial Participants,as amended and restated as of February 28,2005. Information Statement: A disclosure document which describes in detail the management, policies and operations of the Pool, risks attendant to investments in the Trust,and other matters related to the Trust and the Pool. Initial Participants: Monterey Peninsula Water Management District and Placer County. Investment Advisory Agreement: The Amended and Restated Investment Advisory Agreement made as of May 14,2004 by and between the Trust and PFM Asset Management LLC. Investor Agreement. An agreement entered into between the Investor and the Trust in connection with the Investor's purchase of shares of Investor Shares Series. Investor Shares Series: Shares in the Trust held by Investors. Shares of Investor Shares Series have no voting rights. 2 Investors: Public Agencies that acquire Shares of Investor Shares Series issued by the Trust without executing the Declaration of Trust and on such other terms as provided in the Declaration of Trust and By-Laws. Participant Shares Series: Shares in the Trust held by Participants. Shares of Participant Shares Series have voting tights conferring approval powers in proportion to the number of full and fractional Shares held by each Participant. Participants: Initial Participants and any subsequent Participants that are Public Agencies that join the Trust by executing the Declaration of Trust and who may acquire shares of Participant Shares Series. Public Agency: As that term is defined in Section 6500 and Section 6509.7 of the Act. Series: Subdivision of Shares within a Class. Each Series has rights, privileges, preferences and restrictions applicable to that Series as more fully set forth in a Certificate of Determination with respect to such Series. The Shares issued by the Trust within the Cash Reserve Portfolio Class of Shares are currently designated into two Series,the Participant Shares Series and Investor Shares Series. Shareholders: Public Agencies that own Shares of a Class within the Trust or a Series within a Class. Shares: Units of beneficial interests issued by the Trust and generally refers to shares of any one or more Series or Classes,or of all Series and Classes,as may apply. Trust: The California.Asset Management Trust formed pursuant to Section 6502 of the Act. Trustees: Individuals appointed by the Board of Trustees and approved by Participants pursuant to the Declaration of Trust and By-Laws to manage the Trust's activities on behalf of the Trust. So for as may be practicable,the Trustees shall conduct the Trust's activities, execute all documents and sue or be sued under that name,which name (and the word "Trust"wherever used herein) shall refer to the Trustees as Trustees, and not as individuals or personally, and shall not refer to the officers, employees, agents or Participants of the Trust. If the Trustees determine that the use of that name is not advisable, they may use another designation or adopt another name under which the Trust may hold property or conduct its activities. ARTICLE II. NAME,PURPOSE AND REPRESENTATIONS Section 2.1. Name. The name of the trust created hereby is CALIFORNIA ASSET MANAGEMENT TRUST. The Trust shall constitute a separate public entity within the meaning of Section 6507 of the Act. Section 2.2. Purpose. The purpose of the Trust is to provide California Public Agencies, both the Participants and the Investors,with an instrumentality or agency to pool their proceeds of debt issues and other funds and to facilitate the investment of and accounting for such funds. Public Agencies of the State of California, authorized under the Act, as may be amended from time to time, or other applicable California statutes, as shall be in effect from time to time, to enter into joint arrangements of this nature, may become Participants after their governing bodies have adopted and executed this Declaration of Trust. Investors 3 may invest in the Shares of the Trust without becoming Participants by executing an Investor Agreement containing the representations and warranties, covenants and agreements referenced herein as applicable to the Investors. Section 2.3. Representations of Participants and Investors. Each Participant and each Investor (by execution of an Investor Agreement), represents and warrants to the other Participants and Investors,but only as to itself,as follows: (a) The Shareholder is duly organized and validly existing as a Public Agency of the State of California, as that term is defined in Sections 6500 and 6509.7(b) of the Act, as may be amended from time to time, and has full legal right, power and authority to enter into this Declaration of Trust or the Investor Agreement, as may be applicable, to observe and perform its obligations hereunder or thereunder and to invest its assets as provided herein or therein; and by all necessary official actions the Shareholder has duly authorized and approved the execution of this Declaration of Trust or the applicable Investor Agreement, as the case may be, the observance and performance of its obligations hereunder or thereunder and the investment of its assets as provided herein or therein. (b) This Declaration of Trust with respect to each Participant and Investor Agreement with respect to each Investor constitutes a legal, valid and binding obligation of the Shareholder enforceable against the Shareholder in accordance with its respective terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles relating to or limiting creditors rights generally,and by the application of equitable remedies in appropriate cases. ARTICLE III. TRUSTEES Section 3.1. Initial Trustees. By the execution of this Declaration of Trust, the Initial Participants appoint the following five individuals to serve as initial Trustees: Bruce Buel Earl Corin Nancy E. Hicks James S. Kennedy Robert C. Leland Section 3.2. Number, Qualification, Election and Term of Trustees. The number of Trustees shall be fixed from time to time by resolution of the Trustees;provided, however, that the number of Trustees shall not be less than three and not greater than fifteen and shall not be less than the number of classes of California Public Agencies entitled to representation on the Board of Trustees as provided in the By-Laws. All Trustees shall be members of the governing body, officers or full-time employees of California Public Agencies. Other than the initial Trustees and Trustees named to fill vacancies as provided in Section 3.4.,the Trustees shall be appointed by the Board of Trustees and approved annually by the Participants. Except in the event of resignations or removals pursuant to Section 3.3., each Trustee shall hold office until his or her successor is appointed and approved by the Board of Trustees and the Participants and qualified to serve as Trustee. Each Trustee shall either sign this Declaration of Trust or agree in writing to be bound by it. 4 Section 3.3. Resignation and Removal. Any Trustee may resign his or her trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered to the other Trustees, and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. A Trustee who has ceased to be qualified as provided in the By-Laws,who has died, who has been judged incompetent or bankrupt, or for whom a guardian or conservator has been appointed, shall be deemed to have resigned as of the date of such disqualification,death, adjudication or appointment. Any Trustee may be removed, with or without cause, by the action of two-thirds of the remaining Trustees. Upon the resignation or removal of a Trustee, such former Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust property held in the name of the resigning or removed Trustee. Upon the incapacity or death of any Trustee, his or her legal representative shall execute and deliver such documents as the remaining Trustees shall require as provided in the preceding sentence. The Superior Court of the City and County of San Francisco, California, may at the suit of any Participants holding at least 10% of the Shares, remove from office any Trustee in case of fraudulent or dishonest acts or gross abuse of authority or discretion with reference to the Trust and may bar from reelection any Trustee so removed for a period determined by the Court. Section 3.4. Vacancies. The term of office of a Trustee shall terminate and a vacancy shall occur in the event of the disqualification,death,resignation,removal,bankruptcy,adjudicated incompetence or other incapacity to perform the duties of the office of a Trustee. No such vacancy shall operate to annul this Declaration of Trust or to remove any existing agency created pursuant to the terms of this Declaration of Trust. In the case of an existing vacancy, including a vacancy existing by reason of an increase in the number of Trustees, the remaining Trustees shall fill such vacancy by the appointment of such other person as they in their discretion shall see fit and as is qualified as provided herein and in the By-Laws. If there shall be no remaining Trustee, any Participant may petition the Superior Court of the City and County of San Francisco to appoint a Trustee who is qualified as provided herein and by the By-Laws. Any such appointment shall not become effective, however, until the person appointed shall have accepted in writing such appointment and agreed in writing to be bound by the terms of this Declaration of Trust. An appointment of a Trustee may be made in anticipation of a vacancy to occur at a later date by reason of resignation, provided that such appointment shall not become effective prior to such resignation. Whenever a vacancy in the number of Trustees shall occur,until such vacancy is filled as provided in this Section 3.4., the Trustees in office, regardless of their number, shall have all the powers granted to the Trustees and shall discharge all the duties imposed upon the Trustees by this Declaration of Trust. ARTICLE IV. POWERS OF TRUSTEES Section 4.1. General. The Trustees shall have exclusive and absolute control over the Trust property and over the affairs of the Trust to the same extent as if the Trustees were the sole owners of the Trust property in their own right, but with such powers of delegation as may be permitted by this Declaration of Trust. The Trustees shall have power to conduct the affairs of the Trust and carry on its operations in any and all of its branches and maintain offices both within and without the State of California,and to do all such other things and execute all such instruments as the Trustees deem necessary, proper or desirable in 5 order to promote the interests of the Trust although such things are not herein specifically mentioned. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of a power to the Trustees. The enumeration of any specific power herein shall not be construed as limiting the aforesaid powers. Such powers of the Trustees may be exercised without order of or resort to any court. Notwithstanding the foregoing, the investment powers of the Trustees under this Declaration of Trust shall be subject to any restrictions upon the manner of exercising such powers imposed by the laws of the State of California, including Section 53635 of Title 5, Division 7, Part 1, Chapter 4,Article 2 of the Government Code, as in effect on the date of adoption of this Declaration of Trust by the Initial Participants and as may be amended from time to time. In the event that such Initial Participants (or any successor Participants designated as described below) cease to be parties to this Declaration of Trust, the Trustees shall designate other Participants as successor Participants for purposes of this Section. Section 4.2. Investments. The Trustees shall have the power to subscribe for, invest in, reinvest in, purchase or otherwise acquire, own,hold,pledge, sell, assign, transfer, exchange,distribute,lend or otherwise deal in or dispose of investments of every nature and kind,provided such investment is (in the sole and absolute discretion of the Trustees) consistent with the investment objectives and policies set forth in the Trust's Information Statement, as most recently amended or supplemented, and to exercise any and all rights, powers and privileges of ownership or interest in respect of any and all such investments of every kind and description,including without limitation,the right to consent and otherwise act with respect thereto, with power to designate one or more persons, firms,associations or corporations to exercise any of such rights,powers and privileges in respect of any of such investments. Section 4.3. Legal Title. Legal title to all the Trust property shall be vested in the Trustees as joint tenants, except that the Trustees shall have power to cause legal title to any Trust property to be held by or in the name of one or more of the Trustees,or in the name of the Trust,or in the name of any other person as nominee, on such terms as the Trustees may determine,provided that the interest of the Trust therein is appropriately protected. The right, title and interest of the Trustees in the Trust property shall vest automatically in each person who may hereafter become a Trustee. Upon the resignation, removal, incapacity, disqualification or death of a Trustee such Trustee shall automatically cease to have any right, title or interest in any of the Trust property, and the right,title and interest of such Trustee in the Trust property shall vest automatically in the remaining Trustees. Such vesting and cessation of title shall be effective whether or not conveyancing documents have been executed and delivered. Section 4.4. Issuance and Redemption of Shares. The Trustees shall have the power to issue, sell,repurchase, redeem, retire, cancel, acquire,hold, resell, reissue, dispose of, transfer, and otherwise deal in Shares and, subject to the provisions hereof, to apply to any such repurchase, redemption, retirement, cancellation or acquisition of Shares any funds or property of the Trust, whether capital or surplus or otherwise, to the full extent now or hereafter permitted by California law. 6 Section 4.5. Borrowing Money and Lending Trust Property. Subject to applicable law, the Trustees shall have power to borrow money or otherwise obtain credit and to secure the same by mortgaging, pledging or otherwise subjecting as security the assets of the Trust, to endorse, guarantee, or undertake the performance of any obligation, contract or engagement of any other person and to lend Trust property. Section 4.6. Delegation and Committees. The Trustees shall have power to delegate from time to time to such of their number or to officers, employees or agents of the Trust the doing of such things and the execution of such instruments either in the name of the Trust or the names of the Trustees or otherwise as the Trustees may deem expedient, to the same extent as such delegation is permitted by law and consistent with the By-Laws. Section 4.7. Collection and Payment. The Trustees shall have power to collect all property due to the Trust;to pay all claims,including taxes, against the Trust property; to prosecute, defend, compromise or abandon any claims relating to the Trust property; to foreclose any security interest securing any obligation by virtue of which any property is owed to the Trust; and to enter into releases,agreements and other instruments. Section 4.8. Expenses and Limits Thereon. The Trustees shall have the power to incur and pay any expenses which in the opinion of the Trustees are necessary or incidental to carry out any of the purposes of this Declaration of Trust. The Trustees shall fix the compensation of all officers and employees who are not Trustees. Section 4.9. Litigation. The Trustees shall have the power to engage in and to prosecute,defend,compromise, abandon, or adjust, by arbitration or otherwise, any actions, suits, proceedings, disputes, claims, and demands relating to the Trust or the Trust property, and, out of the Trust property, to pay or to satisfy any debts, claims or expenses incurred in connection therewith, including those of litigation, and such power shall include without limitation the power of the Trustees or any appropriate committee thereof, in the exercise of their or its good faith business judgment, consenting to dismiss any action, suit, proceeding, dispute, claim, or demand, derivative or otherwise, brought by any person, including a Participant or an Investor in such Participant's or Investor's own name or in the name of the Trust, whether or not the Trust or any of the Trustees may be named individually therein or the subject matter arises by reason of business for or on behalf of the Trust. Section 4.10. Manner of Acting and By-Laws. Except as otherwise provided herein or in the By-Laws, any action to be taken by the Trustees may be taken by a majority of the Trustees present at a meeting of Trustees (a quorum being present). The Trustees may adopt By-Laws not inconsistent with this Declaration of Trust to provide for the conduct of the affairs of the Trust and may amend or repeal such By-Laws. 7 Section 4.11. Miscellaneous Powers. The Trustees shall have the power to: (a) employ or contract with such persons as the Trustees may deem desirable for the transaction of the affairs of the Trust; (b) to the extent permitted by law, enter into joint ventures, partnerships and any other combinations or associations; (c) remove Trustees or fill vacancies in or add to their number, elect and remove such officers and appoint and terminate such agents or employees as they consider appropriate, and appoint from their own number and others, and terminate, any one or more committees which may exercise some or all of the power and authority of the Trustees as the Trustees may determine; (d) purchase,and pay for out of Trust property,insurance policies insuring the Trustees, officers, employees, agents, Participants, investment advisers, distributors, or independent contractors of the Trust against all claims arising by reason of holding any such position or by reason of any action taken or omitted by any such person in such capacity, whether or not constituting negligence, or whether or not the Trust would have the power to indemnify such person against such liability; (e) to the extent permitted by law, indemnify any person with whom the Trust has dealings to such extent as the Trustees shall determine; (f) determine and change the fiscal year of the Trust and the method by which its accounts shall be kept; and (g) adopt a seal for the Trust but the absence of such seal shall not impair the validity of any instrument executed on behalf of the Trust. In addition to these specific powers,the Trustees shall also have all other powers consistent with the Act and the laws of California governing California business trusts and reasonably necessary from time to time to carry out the purposes of the Trust as set forth in Section 2.2. ARTICLE V. INVESTMENT ADVISORY AND OTHER SERVICES TO TRUST Section 5.1. Investment Adviser and Approval of Agreements. The Trustees are responsible for the general policies of the Trust and for such general supervision of the business of the Trust conducted by all officers, agents, employees, advisers, managers or independent contractors of the Trust as may be necessary to insure that such business conforms to the provisions of this Declaration of Trust. However, the Trustees shall not be required personally to conduct all the business of the Trust,and consistent with their ultimate responsibility as stated above,the Trustees shall have the power to appoint,employ or contract with any person (including one or more of themselves or any corporation, partnership, or Trust in which one or more of them may be directors, officers, stockholders, partners or trustees) as the Trustees may deem necessary or proper for the transaction of the business of the Trust. The Trustees may in their discretion, from time to time, enter into an investment advisory or management contract whereby the other party to such contract shall undertake to furnish the Trust such management, investment advisory or supervisory, administrative, accounting,legal, statistical,research,and promotional facilities and services,and such other facilities and services, if any, as the Trustees may in their discretion determine. The Trustees may authorize the investment adviser to effect purchases, sales, loans or exchanges of portfolio securities of the Trust on behalf of the Trustees or may authorize any officer, employee or Trustee to effect such purchases, sales, loans or exchanges pursuant to recommendations of the investment adviser, all without further action by the Trustees. Any such purchases, sales, loans and exchanges shall be deemed to have been authorized by all of the Trustees. The Trustees shall have the power to determine the compensation and other terms of employment or contract of the investment adviser or any other person whom they may employ or with whom they may contract; provided, however, that any determination to employ or contract with any Trustee or any person of which a Trustee is an Affiliate, shall be valid only if made, approved or ratified 8 by a majority of the Trustees who are not Affiliates of such person. The Trustees may exercise broad discretion in allowing the investment adviser to administer and regulate the operations of the Trust, to act as agent for the Trust, to execute documents on behalf of the Trustees,and to make decisions which conform to general policies and general principles previously established by the Trustees. Section 5.2. Other Activities of Investment Adviser. Subject to and as limited by the terms and conditions of any Investment Advisory Agreement or other agreement between the Trust and the investment advisor, the investment adviser shall not be required to administer the investment activities of the Trust as its sole and exclusive function and may have other business interests and may engage in other activities similar or in addition to those relating to the Trust, including the rendering of services and advice to other persons and the management of other investments (including investments of the investment adviser and its Affiliates). The investment adviser shall be required to use its best efforts to present a continuing and suitable investment program to the Trust which is consistent with the investment policies and objectives of the Trust. Section 5.3. Other Services to the Trust. The Trustees may, from time to time in their discretion, enter into contracts or agreements with independent contractors to carry out the following functions: (1) transfer agent and dividend disbursing agent; (2) administrator, to maintain the books and records of the Trust, to supervise all aspects of the Trust's operations, including periodic updating of the Trust's Information Statement, to prepare the Trust's tax returns and periodic reports to Shareholders, to compute the Trust's daily net asset value and yield, to provide office space, equipment and facilities necessary for the Trust's operations and to provide such other administrative services as the Trustees may require; (3) distributor, to act as the Trust's sales agent for the distribution of the Shares, (4) customer service agent, to provide information to California Public Agencies which are Participants or Investors or are interested in becoming Participants or Investors; (5) custodian bank, to hold all money and securities constituting the Trust property; (6) independent certified public accountants, to perform an annual audit and provide such other services as the Trustees may require, and (7) legal counsel. The foregoing specific list shall not prevent the Trustees from employing other persons to provide such advice, assistance or services as the Trustees may, from time to time, require to carry out the purposes of the Trust as set forth in Section 2.2. ARTICLE VI. LIMITATIONS OF LIABILITY Section 6.1. No Personal Liability. No Participant shall be subject to any personal liability whatsoever to any person in connection with the Trust property or the acts, obligations or affairs of the Trust. Subject to Section 6.2., no Trustee, officer, employee or agent of the Trust shall be subject to any personal liability whatsoever to any person in connection with Trust property or the acts, obligations or affairs of the Trust, and all such persons shall look solely to the Trust property for satisfaction of claims of any nature arising in connection with the affairs of the Trust. No Participant,Trustee,officer,employee,or agent,as such, of the Trust, made a party to any suit or proceeding to enforce any such liability, shall be held to any personal liability. The Trust shall indemnify and hold each Participant harmless from and against all claims and liabilities to which such Participant may become subject by reason of its being or having been 9 a Participant and shall reimburse such Participant for all legal and other expenses reasonably incurred by it in connection with any such claim or liability; provided that such indemnity or reimbursement shall be made from assets (or proceeds thereof or income therefrom) of the one or more Series of Shares of the Trust in respect of which such claim or liability arose and not from the assets (or proceeds or income therefrom) of any other Series of Shares of the Trust. The rights accruing to a Participant under this Section 6.1. shall not exclude any other right to which such Participant may be lawfully entitled,nor shall anything herein contained restrict the right of the Trust to indemnify or reimburse a Participant in any appropriate situation even though not specifically provided herein. Section 6.2. Non-Liability and Indemnification of Trustees and Others. No Trustee, officer, employee or agent of the Trust shall be liable to the Trust, to its Shareholders, or to any Participant, Trustee, officer, employee or agent thereof for any action or failure to act (including, without limitation, the failure to compel, in any way, any former or acting Trustee to redress any breach of trust), except for its,his or her own bad faith,willful misfeasance,gross negligence or reckless disregard of duty. Each Trustee, officer, employee and agent of the Trust shall be indemnified as provided in the By-Laws and to the fullest extent provided by California law. Section 6.3. Surety Bond Required. The Trustees shall obtain a surety bond in such amounts and with such terms as they shall determine pursuant to Section 6505.1 of Title 1, Division 7, Chapter 5 of the Government Code of the State of California. Section 6.4. No Duty of Investigation and Notice in Trust Instruments. No purchaser, lender, transfer agent or other person dealing with the Trustees or any officer, employee or agent of the Trust shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by such officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of such officer, employee or agent. Every obligation, contract, instrument, certificate, Share or other security of the Trust and undertaking, and every other document executed in connection with the Trust, shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration of Trust or in their capacity as officers, employees or agents of the Trust. Every written obligation, contract, instrument, certificate, Share or other security of the Trust or undertaking made or issued by the Trustees shall recite that it is executed by them not individually, but as Trustees under this Declaration of Trust, and that the obligations of any such instruments are not binding upon any of the Trustees or Participants individually, but bind only the Trust property, but the omission of such recital shall not operate to bind the Trustees or Participants individually. Section 6.5. Reliance on Experts. Each Trustee,officer and employee of the Trust shall,in the performance of his or her duties,be fully protected with regard to any act or any failure to act resulting from reliance in good faith upon the books of account or other records of the Trust, upon an opinion of counsel, or upon reports made to the Trust by any of its officers or employees or by the investment adviser, administrator, transfer agent, custodian, distributor accountants, appraisers or other experts or consultants selected with reasonable care by the Trustees,officers or employees of the Trust. 10 Section 6.6. Immunity from Liability, etc. All of the privileges and immunities from liability, all exemptions from laws, ordinances and rules, and all pension, relief, disability, workmen's compensation, and other benefits which apply to the activity of Trustees, officers, agents or employees of the Initial Participants and any additional Participants when performing their functions within the territorial limits of their respective Public Agencies, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties associated with the Trust. Section 6.7. Further Restriction of Duties and Liabilities. Without limiting the foregoing provisions of this Article VI, the Trustees, officers, employees, agents, and Participants of the Trust shall in no event have any greater duties or liabilities than those imposed by applicable law as shall be in effect from time to time. ARTICLE VII. SHARES OF BENEFI CIAL INTEREST Section 7.1. Beneficial Interest. The interest of the Shareholders hereunder shall be divided into transferable units to be called Shares. The number of Shares authorized hereunder is unlimited. Except as otherwise provided in this Section 7.1. and in Section 7.8. hereof, each Share shall represent an equal proportionate interest in the net assets of the Trust. Each Share of any Class of Shares created by the Trustees, whether or not the Trustees have created more than one Series of Shares of such Class, shall represent an equal proportionate interest in the assets of that Class with each other Share in that Class. The Trustees may divide or combine the Shares of any Class into a greater or lesser number of Shares of that Class or any Series of that Class without thereby changing the proportionate interests of each Share of that Class in the assets of that Class. There is hereby established and designated one Class of Shares known as the "Cash Reserve Portfolio" Class. This Class of Shares shall be divided into two Series of Shares, within the same portfolio, a "Participant Shares Series" and an "Investor Shares Series." Subject to the provisions of Section 7.8. hereof, the Trustees may authorize the creation of additional Classes of Shares (the proceeds of which may be invested in other portfolios with investment objectives different from the "Cash Reserve Portfolio" Class) and such series of Shares of such additional Classes as the Trustees may deem appropriate. All Shares issued hereunder,including,without limitation, Shares issued in connection with a dividend in Shares or a division of Shares, shall be fully paid and nonassessable. Except as expressly provided herein, or in the action of the Trustees in creating any new Series of a Class, no division of Shares into Series shall result in the creation of a preference as to dividends or distributions or a preference in the event of any liquidation, termination or winding up of the Trust. All references to Shares in this Declaration of Trust shall be deemed to be Shares of any one or more Series or Classes,or of all Series and Classes,as the context may require. Section 7.2. Rights of the Shareholders. The ownership of the Trust property of every description and the right to conduct the affairs of the Trust herein before described are vested exclusively in the Trustees, and the Shareholders shall have no interest therein other than the beneficial interest conferred by their Shares, and they shall have no right to call for any partition,division,dividend or distribution of any property,profits,rights or interests 11 of the Trust nor can they be called upon to assume any losses of the Trust or suffer an assessment of any kind by virtue of their ownership of the Shares beyond their beneficial interests in the Shares. The Shares shall be personal property giving only the rights specifically set forth in this Declaration of Trust. The Shares shall not entitle the holder to preference, preemptive, appraisal, conversion or exchange rights, except as the Trustees may determine. Section 7.3. Establishment of a Trust. It is the intention of the Trustees and the Shareholders to create the relationship of Trustee and beneficiary between the Trustees and each Shareholder from time to time. It is not the intention of the Trustees and the Shareholders to create a general partnership,limited partnership,joint stock association, corporation,bailment or any form of legal relationship other than a trust. Nothing in this Declaration of Trust shall be construed to make the Shareholders, either by themselves or with the Trustees,partners or members of a partnership or a joint stock association. Section 7.4. Register of Shares. A register shall be kept at the principal office of the Trust or at such place as the Trustees shall designate containing the names and addresses of all the Shareholders and the number of Shares held by them respectively and a record of all transfers thereof. Such register shall be conclusive as to which California Public Agencies are the holders of the Shares and which California Public Agencies shall be entitled to receive distributions or otherwise to exercise or enjoy the rights of Participants or Investors. No Shareholder shall be entitled to receive payment of any distribution, nor to have rights given to it as herein or in the By-Laws provided, until its correct name and address has been given to the transfer agent or such other officer or agent of the Trustee as shall keep the register. The Trustees, in their discretion, may but need not authorize the issuance of Share certificates and promulgate appropriate rules and regulations as to their use. Section 7.5. Transfer of Shares. Shares shall be transferable on the records of the Trust only by the record holder thereof or by its agent thereunto duly authorized in writing, upon delivery to the transfer agent of a duly executed instrument of transfer, together with such evidence of the genuineness of each such execution and authorization and of other matters as may reasonably be required. Upon such delivery the transfer shall be recorded on the register of the Trust. Until such record is made, the Shareholder of record shall be deemed to be the holder of such Shares for all purposes hereunder and neither the Trustees nor any transfer agent nor any officer, employee or agent of the Trust shall be affected by any notice of the proposed transfer. No Shares may be transferred to a transferee other than a California Public Agency or the Trust itself. Any attempted transfer to any other person shall be void and of no effect. Section 7.6. Notices. Any and all notices and communications to which a Shareholder may be entitled shall be deemed duly given or made if delivered in person or mailed, postage prepaid, addressed to the Shareholder of record at its address as recorded on the register of the Trust. In addition to any other notice or communication to which a Shareholder may be entitled, each Shareholder shall be entitled to notice of any amendment to this Declaration of Trust or of any matter which is approved by the Participants. 12 Section 7.7. Approval Powers. The following matters taken by the Trustees shall require the approval of a majority of the holders of outstanding voting Shares: (i) the appointment of Trustees as provided in Section 3.2., (ii) liquidation of any Class of Shares or Participant Shares Series as provided in Section 7.8.(e), termination of the Trust as provided in Section 10.2., (iv) amendment of this Declaration of Trust to the extent provided in Section 10.3., (v) merger, consolidation or sale of assets of the Trust as provided in Section 10.4., (vi) a change in the investment restrictions or fundamental policies set forth in the Information Statement, except as set forth therein, and (vii) such additional matters relating to the Trust as may be required by this Declaration of Trust or the By-Laws or as the Trustees may consider necessary or desirable. Only Participants shall be entitled to exercise such approval powers in proportion to the number of full and fractional Shares held by each Participant. Investors shall have no voting rights. Shares shall not be cumulated for the purpose of approving Trustees. Until Shares are issued, the Trustees may exercise all rights of the Participants and may take any action required by law, this Declaration of Trust or the By-Laws to be taken by the Participants. The By-Laws may include further provisions for the approval of the Participants and related matters. Section 7.8. Series and Classes of Shares. The following provisions are applicable regarding the Series or Classes of Shares of the Trust established and designated by Section 7.1. hereof and shall be applicable if the Trustees shall establish and designate additional Classes or Series of a Class as provided in that Section: (a) The number of Shares of each Series or Class that may be issued shall be unlimited. (b) All consideration received by the Trust for the issue or sale of Shares of a particular Class (whether or not Shares of such Class have been divided into Series), together with all assets in which such consideration is invested or reinvested, all income, earnings,profits and proceeds thereof,including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from reinvestment of such proceeds in whatever form the same may be, shall irrevocably belong to Shares of that Class for all purposes, subject only to the rights of creditors, and shall be so recorded upon the hooks of account of the Trust. In the event that there are any assets,income, earnings,profits, or proceeds thereof, or funds or payments of the Trust which are not readily identifiable as belonging to any particular Class, the Trustees shall allocate them among any one or more of the Classes established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Classes for all purposes. (c) The assets belonging to each particular Class shall be charged with the liabilities of the Trust in respect of that Class, as will all expenses, costs,charges and reserves attributable to that Class,and any general liabilities, expenses, costs, charges or reserves of the Trust which are not readily identifiable as belonging to any particular Class shall be allocated and charged by the Trustees to and among any one or more of the Classes established and designated from time to time in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders in all Classes for all purposes. 13 (d) Except as otherwise provided in the Certificate of Determination of the Trustees creating a Series of Shares of a particular Class, all dividends and distributions on Shares of a particular Class shall be distributed pro rata to the holders of that Class in proportion to the number of Shares of that Class held by such holders at the date and time of record established in the By-Laws for the payment of such dividends or distributions. (e) In the event of the liquidation of a particular Series of a Class or of an entire Class, the Participants or Investors in that Series or Class, as the case may be, which is being liquidated shall be entitled to receive,when and as declared by the Trustees, the excess of the assets belonging to Shares of that Class over the liabilities attributable to Shares of the Class. The holders of Shares of any such Class shall not be entitled thereby to any distribution upon liquidation of any other Series or Class. The assets so distributable to the Participants or Investors, as the case may be, in any Class shall be distributed among such Participants or Investors in proportion to the number of Shares of that Class, whether in one or more Series, held by them and recorded on the books of the Trust. The liquidation of any particular Series or Class in which there are Shares then outstanding held by Participants may be authorized by an instrument in writing, without a meeting, signed by a majority of the Trustees then in office, subject to the affirmative vote of a majority of the outstanding voting Shares of that Series or Class held by Participants. (f) The Trustees shall have the authority to provide that the holders of Shares of any Series or Class shall have the right to convert or exchange such Shares for or into Shares of one or more other Series or Class in accordance with such requirements and procedures as may be established by the Trustees. (g) The Trustees shall have the power to determine the designations, preferences, privileges, limitations and rights, including approval and dividend rights, of each Series or Class of Shares. Subject to the provisions of this Section 7.8., all Shares of all Series or Classes shall have identical rights and privileges. (h) The establishment and designation of any Series or Class of Shares in addition to those established and designated in Section 7.1. hereof shall be effective upon the execution by a majority of the then Trustees of an instrument setting forth such establishment and designation and the relative rights, preferences, approval powers, restrictions, limitations as to dividends, qualifications, and terms and conditions of redemption of such Series or Class or as otherwise provided in such instrument. At any time that there are no Shares outstanding of any particular Series or Class previously established and designated,the Trustees may by an instrument executed by a majority of their number abolish that Series or Class and the establishment and designation thereof. Each instrument referred to in this paragraph shall constitute an amendment to this Declaration of Trust. ARTICLE VIII. REDEMPTIONS Section 8.1. Redemptions. In case any Shareholder at any time desires to dispose of its Shares, it may deposit a written request or other such form of request as the Trustees may from time to time authorize, at the office of the transfer agent or at the office of any bank or trust company, either in or outside of California which is a member of the Federal Reserve System and which the transfer agent has designated in writing for that purpose, to have the Shares redeemed by the Trust at the net asset value thereof per Share next determined after such deposit as provided in the By-Laws. Payment for redemption shall be made to the 14 Shareholder within the number of business days specified in the Trust's current Information Statement, unless the date of payment is postponed pursuant to Section 8.2. hereof, in which event payment may be delayed beyond such period. Section 8.2. Suspension of Right of Redemption. The Trustees may declare a suspension of the right of redemption or postpone the date of payment or redemption for the whole or any part of any period (i) during which the New York Stock Exchange is closed other than customary weekend and holiday closings, (ii) during which trading on the New York Stock Exchange is restricted, or (iii) during which an emergency exists as a result of which disposal by the Trust of securities owned by it is not reasonably practicable or it is not reasonably practicable for the Trust fairly to determine the value of its net assets. Such suspension shall take effect at such time as the Trustees shall specify, but not later than the close of business on the business day next following the declaration of suspension, and thereafter there shall be no right of redemption or payment on redemption until the Trustees shall declare the suspension at an end, except that the suspension shall terminate in any event on the first day on which the New York Stock Exchange shall have reopened or the period specified in (ii) or (iii) shall have expired (as to which the determination of the Trustees shall be conclusive). In the case of a suspension of the right of redemption, a Shareholder may either withdraw its request for redemption or receive payment based on the net asset value existing after the termination of the suspension. Section 8.3. Redemptions to Reimburse Trust for Loss on Nonpayment for Shares or for Other Charges. The Trustees shall have the power to redeem Shares owned by any Shareholder to the extent necessary (i) to reimburse the Trust for any loss it has sustained by reason of the failure of such Shareholder to make full payment for Shares purchased by such Shareholder, or (ii) to collect any charge relating to a transaction effected for the benefit of such Shareholder which is applicable to Shares as provided in the Information Statement. Any such redemption shall be effected at the redemption price determined in accordance with Section 8.1. hereof. Section 8.4. Redemptions Pursuant to Constant Net Asset Value Policy. The following provisions shall apply to any Series, or multiple Series of a Class or Classes of Shares invested in the same portfolio, of investments of the Trust during any period that the Trustees,in their discretion, establish a policy of maintaining a constant net asset value per Share. If for any reason the net income of the Trust attributable to such Shares invested in the same portfolio shall,at the time of any determination thereof in accordance with Section 9.1. hereof, be a negative amount, then the Trustees shall have power to cause the number of outstanding Shares of such Series or multiple Series of a Class or Classes of Shares invested in the same portfolio to be reduced by requiring each Shareholder to contribute to the capital of the Trust such Shareholder's proportionate part of the total number of Shares which have an aggregate current net asset value equal as nearly as may be practicable to the amount of the Trust's net loss in respect of such portfolio. Each Shareholder, by becoming a registered holder of Shares,agrees to make any such contribution which may be required. Section 8.5. Redemptions in Kind. Payment for Shares redeemed pursuant to Section 8.1. may, at the option of the Trustees, or such officer or officers as they may duly authorize for the purpose,in their complete discretion be made in cash, or in kind, or partially in cash and partially in kind. In case of payment in kind, the Trustees, or 15 their delegate, shall have absolute discretion as to what security or securities shall be distributed in kind and the amount of the same, and the securities shall be valued for purposes of distribution at the figure at which they were appraised in computing the net asset value of the Shares. Section 8.6. Minimum Investment. The Trustees shall have the power to fix the minimum investment for Shareholders expressed in dollars or Shares, or both. Whenever a Shareholder's investment is less than the minimum established by the Trustees, the Trustees may redeem the Shares of such Shareholder, provided thirty days prior notice is given to such Shareholder. if the Trustees increase the minimum investment to an amount greater than it was at the time of the investment of any Shareholder, the investment of such Shareholder shall not be redeemed solely because it is less than such minimum amount without such Shareholder's consent. ARTICLE IX. DETERMINATION OF NET ASSET VALUE,NET INCOME AND DISTRIBUTIONS By-Laws to Govern Net Asset,Net Income and Distribution Procedures. The Trustees, in their absolute discretion, may prescribe and shall set forth in the By-Laws such bases and times for determining the per Share net asset value of the Shares, the net income of the Trust, and the declaration and payment of distributions, as they may deem necessary or desirable. ARTICLE X. DURATION,TERMINATION AND AMENDMENT Section 10.1. Duration. The Trust shall continue without limitation of time but subject to the provisions of this Article X. Section 10.2. Termination of Trust. (a) The Trust may be terminated by the vote of the majority of the authorized Trustees, subject to approval of the holders of not less than two-thirds of the holders of outstanding voting Shares. Upon the termination of the Trust: (i) The Trust shall carry on no activities except for the purpose of winding up its affairs; (i) The Trustees shall proceed to wind up the affairs of the Trust and all of the powers of the Trustees under this Declaration of Trust shall continue until the affairs of the Trust shall have been wound up, including the power to fulfill or discharge the contracts of the Trust, collect its assets, sell, convey, assign, exchange, transfer or otherwise dispose of all or any part of the Trust property to one or more persons at public or private sale for consideration which may consist in whole or in part of cash, securities or other property of any kind, discharge or pay its liabilities, and do all other acts appropriate to liquidate its business; provided that any sale, conveyance, assignment, exchange,transfer or other disposition of all or substantially all the Trust property shall require approval in accordance with Section 10.4. hereof;and 16 (iii) After paying or adequately providing for the payment of all liabilities, and upon receipt of such releases, indemnities and refunding agreements as they deem necessary for their protection,the Trustees may distribute the remaining Trust property,in cash or in kind or partly in cash and partly in kind,among the Shareholders according to their respective beneficial interests. (b) After termination of the Trust and distribution to the Shareholders as herein provided, a majority of the Trustees shall execute and lodge among the records of the Trust an instrument in writing setting forth the fact of such termination, and the Trustees shall thereupon be discharged from all further liabilities and duties hereunder, and the rights and interests of all Shareholders shall thereupon cease. Section 10.3. Amendment Procedure. (a) This Declaration of Trust may be amended by the vote of the Trustees, subject to approval of such amendment by a majority of the holders of outstanding voting Shares. The Trustees may also amend this Declaration of Trust without such approval to change the name of the Trust or any Series or Class,to establish and designate additional Series or Classes, to supply any omission herein or to correct or supplement any ambiguous, defective or inconsistent provision hereof,or if they deem it necessary,to conform this Declaration of Trust to the requirements of applicable laws or regulations, or to eliminate or reduce any taxes which may be payable by the Trust or the Shareholders,but the Trustees shall not be liable for failing to do so. (b) No amendment may be made under this Section 10.3. which would change any rights with respect to any Share by reducing the amount payable thereon upon liquidation of the Trust, or by diminishing or eliminating any approval rights pertaining thereto, except with the vote of a majority of the Trustees and the approval of the holders of two-thirds of the outstanding voting Shares. Nothing in this Declaration of Trust shall permit its amendment to impair the exemption from personal liability of the Participants,Trustees,officers,employees and agents of the Trust or to permit assessments upon the Shareholders. (c) A certificate signed by a majority of the Trustees setting forth an amendment and reciting that it was duly adopted by the Trustees and, if applicable, by the majority of the outstanding voting Shares, or a copy of the Declaration of Trust as amended, and executed by a majority of the Trustees, shall be conclusive evidence of such amendment when lodged among the records of the Trust. Section 10.4. Merger, Consolidation and Sale of Assets. To the extent permitted by law, the Trust may merge into or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially all of the Trust property, including its good will, upon such terms and conditions and for such consideration when and as authorized by vote of a majority of the Trustees and approved by the holders of two-thirds of the outstanding voting Shares. 17 ARTICLE XI. MISCELLANEOUS Section 11.1. Governing Law. This Declaration of Trust is executed by the Initial Participants and delivered in the State of California and with reference to the laws thereof, and the rights of all parties and the validity and construction of every provision hereof shall be subject to and consented according to the laws of the State of California. Section 11.2. Counterparts. This Declaration of Trust may be simultaneously executed in several counterparts, each of which shall be deemed to be an original, and such counterparts,together, shall be constituted one and the same instrument,which shall be sufficiently evidenced by any such original counterpart. Section 11.3. Adoption by California Public Agencies. A Public Agency of the State of California may become a Participant of this Trust by taking appropriate action to adopt this Declaration of Trust,furnishing the Trust with satisfactory evidence that such action has been taken, and signing a counterpart of this Declaration of Trust. A copy of this Declaration of Trust may be adopted through incorporation by reference into an ordinance or resolution of such Public Agency, and a certified copy of such ordinance or resolution shall constitute satisfactory evidence of adoption contemplated by this Section. Section 11.4. Certificates. Any certificate executed by an individual who, according to the records of the Trust, appears to be a Trustee hereunder, or Secretary or Assistant Secretary of the Trust, certifying to: (a) the number or identity of Trustees or Shareholders, (b) the due authorization of the execution of any instrument or writing, (c) the form of any vote passed at a meeting of Trustees, (d) the number of Trustees present or voting at any meeting, (e) the form of any By-Laws adopted by or the identity of any officers elected by the Trustees, or (f) the existence of any fact or facts which in any manner relate to the affairs of the Trust, shall be conclusive evidence as to the matters so certified in favor of any person dealing with the Trustees and their successors. Section 11.5. Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with applicable laws and regulations, the conflicting provisions shall be deemed superseded by such laws or regulations to the extent necessary to eliminate such conflict; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination. (b) If any provision of this Declaration of Trust shall be held invalid or unenforceable, such invalidity or unenforceability shall pertain only to such provision and shall not in any manner affect any other provision of this Declaration of Trust in any jurisdiction. 18 Section 11.6. Index and Headings for Reference Only. The index and headings preceding the text, articles and sections hereof have been inserted for convenience and reference only and shall not be construed to affect the meaning, construction or effect of this Declaration of Trust. Section 11.7. Successors in Interest. This Declaration of Trust and the By-Laws shall be binding upon and inure to the benefit of the undersigned Initial Participants and their successors and assigns, and every Shareholder and its successors and assigns. 19 IN WITNESS WHEREOF, the undersigned have executed this Declaration of Trust as of the date first herein above set forth. MONTEREY PENINSULA WATER PLACER COUNTY MANAGEMENT DISTRICT By: /s/ Dick Heuer By: /s/ Alex Ferreira Name:Dick Heuer Name:Alex Ferreira Title: Chairman Title: Chairman,Board of Supervisors The undersigned Public Agency hereby represents that the governing body of the undersigned has duly adopted by appropriate action the Declaration of Trust of the California Asset Management Trust dated as of December 15, 1989,as amended and restated as of February 28, 2005;hereby executes such Declaration of Trust and, by such execution, hereby becomes a party to and Participant of the Trust and agrees to be bound by all the provisions of the Declaration of Trust. Date: Public Agency: By: Name: Title: 20 EXHIBIT A CERTIFICATE OF DETERMINATION OF CALIFORNIA ASSET MANAGEMENT TRUST (PARTICIPANT SHARES SERIES AND INVESTOR SHARES SERIES) We, the undersigned Trustees of the California Asset Management Trust ("Trust"), a California Joint Exercise of Powers Authority, formed pursuant to Section 6500 of the Joint Exercise of Powers Act,Title 1,Division 7,Chapter 5 of the Government of the State of California,and a common law trust established under a Declaration of Trust dated as of December 15, 1989, as amended and restated as of February 28, 2005 ("Declaration of Trust") (capitalized terms used herein, unless otherwise provided, have the meaning assigned in the Declaration of Trust),do hereby adopt the following: WHEREAS, the Declaration of Trust authorizes the Trustees to divide the shares of beneficial interest ("Shares") into any number of Classes and Series of Classes and determine the rights, preferences, privileges and restrictions granted to or imposed upon any of the such Classes or Series of Classes of Shares; and WHEREAS, the Declaration of Trust authorizes two Series of Shares of the Cash Reserve Portfolio Class, consisting of Participant Shares Series and Investor Shares Series with each Share representing an equal proportionate Share in the net assets of the Class; and WHEREAS, the Participant Share Series consists of Shares issued and outstanding to Participants in the Trust with rights,preference, privileges and restrictions as more fully set forth herein and in the Declaration of Trust and By-Laws;and WHEREAS, the Trustees wish to designate the rights, preferences, privileges and restrictions of the Participant Shares Series and the Investor Share Series. NOW,THEREFORE,BE IT RESOLVED,as follows: (a) Participant Shares Series. The rights, preferences, privileges and restrictions granted to or imposed upon the Participant Shares Series are as follows: 1. Voting Rights. Except as otherwise expressly provided by law, the By-Laws as adopted as of December 15, 1989, as amended and restated as of February 28, 2005 ("By-Laws"), or the Declaration of Trust, Participant Shares have exclusive voting rights on the following matters: (a) the appointment of Trustees, (b) liquidation of any Participant Shares Series, or any Class of Shares held in whole or in part by Participants, (c) termination of the Trust, (d) amendment of the Declaration of Trust, (e) merger, consolidation or sale of assets of the Trust, (f) change in the investment restrictions or fundamental policies set forth in the Information Statement, and (g) such other matters relating to the Trust as may be required by the By-Laws or the Declaration of Trust or as the Trustees may consider necessary or desirable to obtain the approval of the holders of the Participant Shares Series;and 2. Dividends. The holders of the Participant Shares Series shall be entitled to receive dividends and distributions as may be determined by the Trustees, in accordance with the By- Laws and the Declaration of Trust, and all such dividends and distributions shall be distributed pro rata to each holder of the Participant Shares Series in proportion to the number of Shares of the Participant A-1 Shares Series held by such holder at the date and time of record established by the By-Laws for the payment of such dividends and distributions;and 3. Liquidation. In the event of any liquidation of the Participant Shares Series,each holder of the Participant Shares Series shall be entitled to receive,when and as declared by the Trustees in accordance with the By-Laws and the Declaration of Trust, the net asset value of each Share of the Participant Shares Series held by the Participant.The holders of the Participant Shares Series shall not be entitled to any distribution upon liquidation of any other Series.The assets so distributable to the holders of the Participant Shares Series shall be distributed in proportion to the number of Shares of the Participant Shares Series held by each holder and recorded on the books of the Trust; and 4. Redemption. The holder of the Participant Shares Series shall have the right at any time to redeem Shares of the Participant Shares Series at the net asset value per Share with payment for the Shares of the Participant Shares Series redeemed to be made by the Trustees to such holder either in cash or in kind or partially in cash and partially in kind, as may be determined by the Trustees,in their complete discretion,or by such officer or officers as the Trustees may duly authorize for this purpose. RESOLVED,FURTHER, (b) Investor Shares Series. The rights, preferences, privileges and restrictions granted to or imposed upon the Investor Shares Series are as follows: 1. Voting Rights. Except as otherwise expressly provided by law, the Investor Shares Series shall have no voting rights;and 2. Dividends. The holders of the Investor Shares Series shall be entitled to receive dividends and distributions as may be determined by the Trustees, in accordance with the By-Laws and the Declaration of Trust, and all such dividends and distributions shall be distributed pro rata to each holder of the Investor Shares Series in proportion to the number of Shares of the Investor Shares Series held by such holder at the date and time of record established by the By-Laws for the payment of such dividends and distributions;and 3. Liquidation. In the event of any liquidation of the Investor Shares Series, each holder of the Investor Shares Series shall be entitled to receive,when and as declared by the Trustees,in accordance with the By-Laws and the Declaration of Trust, the net asset value of each share of the Investment Shares Series. The holders of the Investor Shares Series shall not be entitled to any distribution upon liquidation of any other Series. The assets so distributable to the holders of the Investor Shares Series shall be distributed in proportion to the number of Shares of the Investor Shares Series held by each holder and recorded on the books of the Trust;and 4. Redemption. The holder of the Investor Shares Series shall have the right at any time to redeem Shares of the Investor Shares Series at the net asset value per Share with payment for the Shares of the Investor Shares Series redeemed to be made by the Trustees to such holder either in cash or in kind or partially in cash and partially in kind, as may be determined by the Trustees, in their complete discretion,or by such officer or officers as the Trustees may duly authorize for this purpose. A-2 VERIFICATION BY WRITTEN DECLARATION Robert C. Leland declares under penalty of perjury under the laws of the State of California that he has read the foregoing Certificate and knows the contents thereof and that the same is true of his own knowledge. Dated: February 28, 2005 By: /s/ Robert C. Leland Name: Robert C. Leland Steve Dial declares under penalty of perjury e jury under the laws of the State of California that he has read the foregoing Certificate and knows the contents thereof and that the same is true of his own knowledge. Dated: February 28,2005 By: /s/ Steven Dial Name: Steven Dial William J. Zenoni declares under penalty of perjury under the laws of the State of California that he has read the foregoing Certificate and knows the contents thereof and that the same is true of his own knowledge. Dated: February 28,2005 By: /s/William J. Zenoni Name:William J. Zenoni Deborah S. Bailey declares under penalty of perjury under the laws of the State of California that she has read the foregoing Certificate and knows the contents thereof and that the same is true of her own knowledge. Dated: February 28,2005 By: /s/ Deborah S. Bailey Name: Deborah S. Bailey A-3 lames S. Kennedy declares under penalty of perjury under the laws of the State of California that he has read the foregoing Certificate and knows the contents thereof and that the same is true of his own knowledge. Dated: February 28,2005 By: /s/James S. Kennedy Name:James S. Kennedy Charles Lomeli declares under penalty of perjury under the laws of the State of California that he has read the foregoing Certificate and knows the contents thereof and that the same is true of his own knowledge. Dated: February 28,2005 By: /s/ Charles Lomeli Name: Charles Lomeli Paul S. Gibson declares under penalty of perjury under the laws of the State of California that he has read the foregoing Certificate and knows the contents thereof and that the same is true of his own knowledge. Dated:February 28,2005 By: /s/ Paul S. Gibson Name:Paul S. Gibson A-4 {THIS PAGE INTENTIONALLY LEFT BLANK ] [ THIS PAGE INTENTIONALLY LEFT BLANK ] ..- ..> :;�, \ i 4'f:j " �� �� jj�( 2 j� it IN y 4i a1 L J f it N A A Y M ANAG1 ME R i�AM ORS A 50 CALIFORNIA STREET SUITE 2300 SAN FRANCISCO CALIFORNIA 94111 PHONE (800) 729-7665 FAX (415) 982 4513 `mCalifornia Asset Management Program is a Service Mark of the California Asset Management Trust STATE OF CALIFORNIA) RESOLUTION NO. 2532 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO) A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA, AUTHORIZING CITY OF SAN JACINTO THE "PUBLIC AGENCY" TO JOIN WITH OTHER PUBLIC AGENCIES AS A PARTICIPANT OF THE CALIFORNIA ASSET MANAGEMENT TRUST AND TO INVEST IN SHARES OF THE TRUST AND IN INDIVIDUAL PORTFOLIOS WHEREAS, Section 6502 of Title 1, Division 7, Chapter 5 of the Government Code of the State of California (the "Joint Exercise of Powers Act") provides that, if authorized by their legislative or other governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting parties; and WHEREAS, under Section 6500 of the Joint Exercise of Powers Act, a "public agency" includes, but is not limited to, any California county, county board of education, county superintendent of schools, city, city and county, public corporation, public district, regional transportation commission or state department or agency; and WHEREAS, public agencies which constitute local agencies, as that term is defined in Sections 53600 and 53630 of Title 5, Division 2, Part 1, Chapter 4, Article 2 of the Government Code of the State of California (the "California Government Code"), are authorized pursuant to Sections 53601, 53635, and/or Section 53635.2 thereof to invest all money belonging to, or in the custody of, the local agency in certain specified investments; and WHEREAS, the California Asset Management Trust (the "Trust") was established, pursuant to and in accordance with the Joint Exercise of Powers Act, by a Declaration of Trust, made as of December 15, 1989 and as subsequently amended (the "Declaration of Trust"), as a vehicle for public agencies to jointly exercise their common power to invest bond proceeds and other funds; and WHEREAS, pursuant to and in accordance with the Joint Exercise of Powers Act, the Public Agency desires to join the other public agencies which are or will be Participants of the Trust by adopting and executing the Declaration of Trust, a form which is on file in the office of the Finance Director; and WHEREAS, the Public Agency is a "public agency" as that term is defined in Section 6500 the Joint Exercise of Powers Act and a "local agency" as that term is defined in Sections 53600 and 53630 of the California Government Code; WHEREAS, the Public Agency is otherwise permitted to be a Participant of the Trust and to invest funds in the Trust and in the individual portfolios to be managed by the Investment Adviser to the Trust ("Individual Portfolios"); and WHEREAS, a program guide describing the Trust and the Individual Portfolios (the "Program Guide") is on file in the office of the Finance Director; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Jacinto, California, as follows: Section 1. The Public Agency shall join with other public agencies pursuant to and in accordance with the Joint Exercise of Powers Act by executing the Declaration of Trust and thereby becoming a Participant in the Trust, which Declaration of Trust is hereby approved and adopted. A copy of the Declaration of Trust, which is available in the office of the Finance Director, shall be filed with the minutes of the meeting at which this Resolution was adopted. The Mayor is hereby authorized to execute, and the City Clerk is hereby authorized to attest and deliver, the Declaration of Trust. Section 2. The Public Agency is hereby authorized to purchase shares in the Trust from time to time with available funds of the Public Agency, and to redeem some or all of those shares from time to time as such funds are needed. Section 3. The Public Agency is hereby authorized to invest available funds of the Public Agency from time to time in one or more Individual Portfolios managed by the Investment Adviser to the Trust and described in the Program Guide. Section 4. The appropriate officers, agents and employees of the Public Agency are hereby authorized and directed in the name and on behalf of the Public Agency to take all actions and to make and execute any and all certificates, requisitions, agreements, notices, consents, warrants and other documents, and any changes, amendments, modifications, or waivers thereto which they, or any of them, might deem necessary or appropriate in order to accomplish the purposes of this Resolution. Section 5. This Resolution shall take effect at the earliest date permitted by law. PASSED, APPROVED and ADOPTED this 1st day of April, 2004, by the following vote: Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield Nays: None Abstain: Ayres Absent: None City of San Jacinto J C� . • by Ayres, ayor ATTEST: orothy L. Ch uinard, City Clerk ,-...r 1. ' \ r all CALIFORNIA ASSET MANAGEMENT PROGRAM JOINT POWERS AUI IIORI•IY w< mac. _r mum y., ..ffYfff /IN 4 fa.jrii . .are. - �'.j �..�_,. Annual Report December 31 , 2003 50 California Street, Suite 2300 San Francisco, CA 94111 (800) 729-7665 camponune.corn Report from Investment Advisor A second year of historically low interest rates challenged investors to maximize investment income while protecting principal against a rise in rates that could erode market values. Short- term rates, captive to the overnight bank lending rate set by the Federal Reserve, moved hardly at all as the 1.25% Fed Funds rate of last January stepped down 25 basis points in June to its current 1.00% rate. However intermediate and longer-term rates were highly volatile, with the two-year Treasury rate moving over a range of about 1.00% during the year. FEDERAL FUNDS vs TWO-YEAR TREASURY The Fed Funds rate—at 1.00% the lowest it has been in 46 years— resulted from the Federal 2.00% Reserve's determination to boost growth as the economy struggled 1.50% to regain its footing after the �,111. ,••14 II terrorist attack and the mild too°i° �. recession that retarded economic output during the fall of 2001. A low inflation rate gave the Federal 0.50% I I Reserve the latitude to move the M M M M M M M M M M M M O O O O O O O O O O funds interest rates to near zero. m o 0 0 C) o M N Co, M CO CO CO N CO Co, L" In fact for much of the year the N CO iF LO (O CO O, O N "real" interest rate (the difference InnTwo Year Treasury - Fed Funds between the federal funds rate and the rate of inflation) was actually negative. Easy money was accompanied by a highly stimulative fiscal policy. Spending by the Federal government grew substantially in 2003 and significant Federal tax cuts boosted consumer spending power. The Federal spending increase was related in part to the war in Iraq, but also extended to a host of domestic programs, while the tax cuts helped to boost corporate profits and supported growth in retail sales which accounts for roughly 2/3 of final demand for goods and services. Growth in gross domestic product—the broadest measure of economic performance—accelerated from 2.2% in 2002 and 1.9% in the first half of 2003 to 6.1% in the last six months of the year, and the overall growth rate of 4.3% represented solid performance, although the result was somewhat disappointing when compared with growth rates at this point in other recent business cycles. An improved economic outlook in the second half the year boosted the equity markets. From a low in March, the Dow Jones Industrial Average rallied to finish the year up 25.32%, and the NASDAQ index of smaller stocks rose 50.01%. For both these were the best performances since 1999. Of course the stock markets have a long way to go: even after 2003's performance, $1,000 invested in the broad market S&P 500 index on January 2, 1999 would have been worth only about $905 at the end of 2003 for a five year annual return of-2%. The growth in the rate of economic output was accompanied by a declining rate of inflation; by year-end the consumer price index had risen only 1.1% compared with levels a year earlier. This resulted from strong improvements in productivity and declining unit labor costs that enabled CAMP Annual Report December 31, 2003 businesses to raise output and improve profits without raising prices. Indeed productivity growth was the strongest since 2001. One unfortunate result of the CPI vs. PRODUCTIVITY productivity gains was s.00°i° continued weakness in the job 500°,° market. Payrolls declined by 4.00% 61,000 during the year, hardly 3.00% satisfactory to either job 2.00% "=-� ----�® seekers or political leaders, and t.00% the manufacturing sector lost o.or° over 500000 jobs in the year, N- N- N- °° C, 0) 0) C, C, C � � NNNc- an a? 9 Q) p) 9 Q) pp p O pp O O pp O O p O O continuing a trend that began in the Fall of 2000. Z Z Z Z Z Z Z CPI —Productivity For most of the year we managed the CAMP Cash Reserve portfolio to maximize yield in a stable to declining rate environment. The primary strategy was to maintain a relatively long weighted average maturity to capture the somewhat higher rates available in 9-12 month investments. We also redoubled our efforts to seek out investments that offered higher value and met CAMP's strict credit standards. The result was another year when the CAMP Cash Reserve portfolio performed quite favorably when compared with its peers. Most economists expect that the next move by the Federal Reserve will be to raise short term interest rates, although the timing is subject to much debate. When such a move comes it will be the first since early 2000, and even if the rises come in small increments, they could have a significant impact on the markets, given the very low current level of rates. Four factors are likely to impact the timing of a rise in rates: sustained growth in non-farm payrolls, an unfavorable trend in the currently benign inflation rate, a significant drop in the value of the U.S. dollar in the foreign exchange markets, and the domestic and international political situation. This is a volatile mix that makes it particularly difficult to forecast market behavior. It could take some months—or even the remainder of the year—for the situation to become clear and the Fed to begin to raise rates. More important for the market, though, is the anticipation of a move. In recent years the market has often led the Fed in raising and lowering rates in expectation of changes in Fed policy. Under such circumstances investors could push rates higher much before the Fed takes its first steps. This year, as in each of the past 14 years, we will work diligently to produce a competitive return to CAMP participants without exposing the portfolio to any undue risk that could impact the net asset value in the current highly uncertain marketplace. Respectfully, Marty Margolis Nancy Jones Michael R. Varano Program Manager Portfolio Managers PFM Asset Management LLC February 13, 2004 CAMP Annual Report' December 31, 2003 I About CAMP CAMP is a California JPA established in 1989 by the treasurers and finance directors of several California local agencies. It was created to provide professional investment services to California public agencies at a reasonable cost. Public Agency Focus Since it was established, the program's single focus has been serving the investment needs of its public agency participants. The Trust's activities are directed by a Board of Trustees, all of whom are financial officials of California public agencies. CAMP's Board of Trustees contracts for services with professional service providers who are industry leaders in their fields. As a result, the Trust is accountable solely to the participants in the Program. Over time, the Trust has adapted to meet CAMP Average Annual Net Assets Since 1997 the changing needs of its participants. Initially, the Trust was formed to assist 800 California public agencies with investing 700 - f proceeds of tax-exempt bonds and boo complying with the arbitrage regulations. y500 { Responding to the expressed needs of its _c400 . ' F participants, the Trust was later modified '" I to provide for investment of operating 300 funds and capital reserves. The value 200 the Program provides to its public agency 100 participants is evident in the growth of the Trust's assets (see chart). 97 98 99 00 01 02 03 Investment Options Currently, CAMP offers participants both the CAMP money market portfolio (the Cash Reserve Portfolio) rated "AAAm" by Standard & Poor's, and individually managed portfolios, which are not a part of the Trust but are available under a separate agreement with the Program's investment advisor. Money Market Portfolio. The Trust's Cash Reserve Portfolio is a short-term money market portfolio, which seeks to preserve principal, provide daily liquidity and earn a high level of income, consistent with its objectives of preserving principal. This pooled fund offers participants: . Standard & Poor's"AAAm" rating • Daily liquidity . 11 a.m. transaction deadline • No minimum deposit • Unlimited deposits and withdrawals . Unlimited sub-accounting to track multiple revenue sources or projects . Interest earned daily and credited monthly . Competitive money market rates CAMP Annual Report— December 31, 2003 I Individually Managed Portfolios For those Participants who wish to invest funds at fixed rates or for a term that is longer than the usual maturity of the pool, the Trust has arranged for its investment adviser to provide separately managed individual portfolios. Individually managed investment portfolios, which are not part of the Trust, are available under a separate agreement with PFM Asset Management LLC, the Program's investment advisor. An individually managed portfolio provides a public agency with: . Primary focus on safety and liquidity • Professional portfolio management to enhance earnings and manage risk . Customized portfolios structured in accordance with each agency's investment policy and cash flow needs . Competitive shopping for every security to seek the most favorable price and execution . Earnings enhanced by capitalizing on market opportunities ▪ Third-party custody of all assets to provide the highest GASB 3 rating • Investment management and third-party custodian services at significantly reduced costs Services To simplify investing, CAMP also offers a variety of cash management tools to assist public agencies in effectively managing their cash, such as automatic transfers, which help participants minimize the effort of transferring funds, and check writing, which allows the participants to keep their funds fully invested until the check clears. CAMP also provides unlimited sub- accounting, which allows participants to easily track investments for .Ngr ,ramA . t different funds or entities. CAMP's = ; Internet site allows participants to � � � `ti �,• *- access account information and • v" - � _ initiate transactions on-line at ;, camp aces , CAMP also provides a number of I � byandfor ` specialized services for bond proceeds F' 4 � i�fornia.Pui�Gc Agencies" ' to help participants comply with complex arbitrage rebate regulations. These services include expenditure _ • tests and arbitrage rebate tracking. We Value Your Participation The Board of Trustees is committed to managing the Trust in a manner that meets the investment and associated record-keeping and cash management needs of California public agencies. We are interested in your feedback. For additional information, please call us at (800) 729-7665 or visit us online at camp . CAMP Annual Report December 31, 2003 I Report of Independent Auditors Program Participants California Asset Management Trust We have audited the accompanying statement of assets and liabilities of the California Asset Management Trust Cash Reserve Portfolio (the Portfolio), including the statement of net assets, as of December 31, 2003, and the related statements of operations and changes in net assets for each of the two years in the period then ended, and the financial highlights for each of the five years in the period then ended. These financial statements and financial highlights are the responsibility of the Portfolio's management. Our responsibility is to express an opinion on these financial statements and financial highlights based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements and financial highlights are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements and financial highlights. Our procedures included confirmation of securities owned as of December 31, 2003, by correspondence with the custodian and brokers. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In our opinion, the financial statements and financial highlights referred to above present fairly, in all material respects, the financial position of the California Asset Management Trust Cash Reserve Portfolio as of December 31, 2003, the results of its operations and changes in its net assets for each of the two years in the period then ended, and the financial highlights for each of the five years in the period then ended, in conformity with accounting principles generally accepted in the United States. � yo,LLp Los Angeles, California February 13, 2004 Cash Reserve Portfolio Statement of Assets and Liabilities December 31, 2003 (000) Assets Investments $ 988,739 Cash 115 Accrued interest receivable 970 Total assets 989,824 Liabilities Payable for securities purchased 249,861 Management fees payable 88 Custodian fees payable 24 Audit fees payable 20 Legal fees payable 31 Other expenses payable 209 Total liabilities 250,233 Net assets $ 739,591 Net asset value per share (applicable to 739,595,745 outstanding shares of beneficial interest, unlimited authorization) $1.00 The accompanying notes are an integral part of these financial statements. CAMP Annual Report" December 31, 2003 I Cash Reserve Portfolio Statement of Net Assets December 31, 2003 Face Amortized Amount Cost (000) (000) Bankers'Acceptances(2.84%): Fleet National Bank $ 6,000 1.13% 5/3/2004 $ 5,977 Rabobank(NY) 15,000 1.09% 1/20/2004 14,991 21,000 Total Bankers'Acceptances (Original Cost$20,957) 20,968 Certificates of Deposit(14.87%): Barclays Bank(NY) 60,000 1.04% 2/17/2004 60,000 Wells Fargo Bank 25,000 1.08% 1/8/2004 25,000 25,000 1.08% 1/9/2004 25,000 110,000 Total Certificates of Deposit(Original Cost$110,000) 110,000 Asset-Backed Commercial Paper(19.84%): Edison Asset Securitization 10,000 1.09% 1/9/2004 9,998 Sheffield Receivable Corporation 25,000 1.10% 1/9/2004 24,994 8,000 1.10% 1/20/2004 7,995 36,800 1.08% 1/22/2004 36,777 Yorktown Capital LLC 10,000 1.08% 1/5/2004 9,999 45,000 1.08% 1/14/2004 44,982 11,966 1.08% 1/16/2004 11,961 146,766 Total Asset-Backed Commercial Paper(Original Cost$146,619) 146,706 Commercial Paper(4.72%): Dexia Delaware LLC 35,000 1.07% 2/26/2004 34,942 35,000 Total Commercial Paper(Original Cost$34,940) 34,942 U.S. Government&Agency Obligations(59.65%): Federal Home Loan Bank Notes(Callable) 8,000 1.33% 7/2/2004 7,997 Federal Home Loan Mortgage Corporation Discount Notes 16,000 1.02% 2/17/2004 15,979 7,400 1.32% 10/7/2004 7,325 7,500 1.54% 12/2/2004 7,394 Federal Home Loan Mortgage Corporation Notes 49,945 0.99% 4/15/2004 50,337 45,345 0.98% 5/15/2004 46,020 Federal Home Loan Mortgage Corporation Notes (Callable) 25,000 1.43% 9/3/2004 25,000 Federal Home Loan Mortgage Corporation Separately Traded Registered Interest and Principal Securities (STRIPS) Principal Only 1,188 1.50% 9/15/2004 1,176 Federal National Mortgage Association Discount Notes 2,400 0.98% 1/9/2004 2,399 16,700 0.99% 1/21/2004 16,691 20,500 1.02% 2/18/2004 20,472 25,000 1.05% 3/1/2004 24,956 20,335 0.91% 5/28/2004 20,260 The accompanying notes are an integral part of these financial statements. CAMP Annual Report' December 31, 2003 I Cash Reserve Portfolio Statement of Net Assets(continued) December 31, 2003 Face Amortized Amount Cost (000) (000) U.S.Government&Agency Obligations(59.65%) (continued): Federal National Mortgage Association Mortgage-Backed Security Discount Notes $ 25,000 1.13% 1/5/2004 $ 24,997 19,367 1.12% 3/1/2004 19,331 50,000 1.11% 3/25/2004 49,871 20,000 1.11% 4/1/2004 19,944 10,000 1.11% 4/1/2004 9,972 40,000 1.11% 4/1/2004 39,889 18,000 1.18% 5/3/2004 17,928 8,235 1.31% 9/1/2004 8,162 Federal National Mortgage Association Notes 5,000 1.07% 2/13/2004 5,023 Total U.S. Government&Agency Obligations(Original Cost 440,915 $441,444) 441,123 Repurchase Agreements(31.77%): Bear Stearns 95,000 1.08% 1/2/2004 95,000 (Dated 12/31/03, repurchase price$95,006, collateralized by Federal National Mortgage Association Certificates, 4.50%, maturing 10/1/2033, market value$98,135) Morgan Stanley 140,000 1.00% 1/5/2004 140,000 (Dated 12/31/03, repurchase price $140,012, collateralized by Federal Home Loan Mortgage Corporation Certificates, 0%, maturing 3/1/2004, market value$142,806) 235,000 Total Repurchase Agreements(Original Cost$235,000) 235,000 $ 988,681 Total Investments(133.69%) (Original Cost$988,959) 988,739 Other Liabilities in Excess of Other Assets(-33.69%) (249,148) Net Assets(100.00%) $ 739,591 Cash Reserve Portfolio Statement of Operations Year Ended December 31, (000) 2003 2002 Income Interest $ 9,440 $ 12,043 Total income 9,440 12,043 Expenses Management fees 1,037 958 Custodian fees 100 88 Audit fees 26 24 Legal fees 87 25 Other expenses 18 38 Total expenses 1,268 1,133 Net investment income 8,172 10,910 Net realized gains on investments 53 296 Net increase in net assets resulting from operations $ 8,225 $ 11,206 The accompanying notes are an integral part of these financial statements. CAMP Annual Report- December 31, 2003 Cash Reserve Portfolio Statement of Changes in Net Assets Year Ended December 31, (000) 2003 2002 Increase(decrease) in net assets Operations Net investment income $ 8,172 $ 10,910 Net realized gains on investments 53 296 Net increase in net assets resulting from operations 8,225 11,206 Distributions Net investment income (8,172) (10,910) Net realized gains on investments (53) (296) Decrease in net assets from distributions (8,225) (11,206) Capital share transactions Shares issued 2,135,226 1,939,114 Shares redeemed (2,187,133) (1,797,600) Shares issued in lieu of cash distributions 8,225 11,206 Net (decrease) increase from capital share transactions (43,682) 152,720 Net assets Beginning of year 783,273 630,553 End of year $ 739,591 $ 783,273 Cash Reserve Portfolio Financial Highlights For a share outstanding throughout each period Year Ended December 31, 2003 2002 2001 2000 1999 Net asset value, beginning of year $ 1.000 $ 1.000 $ 1.000 $ 1.000 $ 1.000 Operations Net investment income .011 .017 .041 .062 .050 Total from operations .011 .017 .041 .062 .050 Distributions Net investment income (.011) (.017) (.041) (.062) (.050) Total distributions (.011) (.017) (.041) (.062) (.050) Net asset value,end of year $ 1.000 $ 1.000 $ 1.000 $ 1.000 $ 1.000 Ratios/Supplemental Data Net assets,end of year(000) $739,591 $783,273 $630,553 $407,895 $247,342 Total return 1.06% 1.75% 4.14% 6.38% 5.13% Ratio of expenses to average net assets 0.16% 0.17% O.17% 0.19% 0.20% Ratio of net investment income to average net assets 1.05% 1.68% 3.90% 6.24% 4.96% The accompanying notes are an integral part of these financial statements. CAMP Annual Report December 31, 2003 I Notes to Financial Statements The California Asset Management Trust (the Trust) was established on December 15, 1989 as a nontaxable investment portfolio under provisions of the California Joint Exercise of Powers Act to provide California Public Agencies with comprehensive investment management, accounting and arbitrage rebate calculation services for proceeds of tax-exempt financings. Accordingly, no provision for income tax is required in the financial statements. The Trust currently provides one short-term investment portfolio—the Cash Reserve Portfolio (the Portfolio), which commenced operations on March 22, 1995. An elected Board of Trustees is responsible for the overall management of the Trust, including formation and implementation of its investment and operating policies. An objective of the Portfolio is to maintain a net asset value of $1 per share, but there can be no assurance that the net asset value will not vary from $1. Shares are issued and redeemed at the net asset value per share next determined after receipt of a request. All participation in the Portfolio is voluntary. The Portfolio has not provided or obtained any legally binding guarantees to support the value of shares. The financial statements of the Trust are prepared in conformity with accounting principles generally accepted in the United States. The preparation of financial statements in conformity with accounting principles generally accepted in the United States requires management to make estimates and assumptions that affect the amounts and disclosures reported in the financial statements and accompanying notes. Actual results could differ from those estimates. The significant accounting policies are as follows: 1. Investments held are stated at amortized cost, which approximates fair value. Fair value is determined by reference to quoted market prices. It is the Trust's policy to compare amortized cost and fair value of investments periodically throughout the month and as of the last business day of each month. 2. Investment transactions are accounted for on trade date. Costs used in determining realized gains and losses on the sale of investments are those of the specific securities sold. Interest income is recorded using the accrual method. Discounts and premiums are accreted and amortized, respectively, to interest income over the lives of the respective securities. 3. Dividends from net investment income are declared on a daily basis and paid on the last day of the month. Dividends paid are automatically reinvested in each account by the purchase of additional shares of the Portfolio. 4. The Trust may invest cash in repurchase agreements collateralized by U.S. Government and Agency obligations. Securities pledged as collateral for repurchase agreements are held by the Trust's custodian bank until maturity of the repurchase agreement. Provisions of the repurchase agreements ensure that the market value of the collateral is sufficient in the event of default; however, in the event of default or bankruptcy by the other party to the agreement, realization and/or retention of the collateral may be subject to legal proceedings. The contract creating the California Asset Management Trust specifies the types of investments that can be made by the Portfolio with available cash. Cash can be invested in the following: 1. United States Treasury notes, bonds, bills or certificates of indebtedness or other obligations for which the full faith and credit of the United States is pledged for the payment of principal and interest. 2. Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. CAMP Annual Report December 31, 2003 Notes to Financial Statements (continued) 3. Repurchase agreements with respect to securities described in (1) or (2) above, provided that the term thereof is one year or less. 4. Bills of exchange or time drafts drawn on and accepted by a commercial bank (otherwise known as bankers' acceptances) which are eligible for purchase by the Federal Reserve System; provided that such bankers' acceptances may not exceed 180 days maturity or 40% of the assets of the Pool; and further provided that the accepting bank has the highest short-term letter and numerical rating as provided by Moody's Investors Service, Inc. (Moody's) or Standard & Poor's Rating Agency (Standard & Poor's); 5. Negotiable certificates of deposit issued by a national or state-chartered bank or a state or federal savings and loan association or by a state-licensed branch of a foreign bank, provided that no more than 30% of the assets of the Pool may be invested in certificates of deposit; and further provided that the senior debt obligations of the issuing institution are rated "AA" or better by Moody's or Standard & Poor's. 6. Commercial paper of "prime" quality of the highest ranking or of the highest letter and numerical rating as provided by Moody's, Fitch Financial Services, Inc. (Fitch) or Standard & Poor's; provided that the issuing corporation is organized and operating within the United States, has total assets in excess of $500 million and has an "A" or higher rating for its debt, other than commercial paper, if any, as provided by Moody's, Fitch, or Standard & Poor's; and provided further that its maturity may not exceed 270 days. The Pool may not own more than 10% of the outstanding commercial paper of any single corporate issue; no more than 25% of the assets of the Pool may be invested in commercial paper; and no more than 10% of the assets of the Pool may be invested in the commercial paper of any single corporate issuer. Effective August 14, 2001, the Portfolio entered into an agreement with PFM Asset Management LLC (PFMAM) to provide investment management services to the Portfolio, including investment advisory, distribution, shareholder accounting and certain administrative services. Fees for such services are calculated at an annual rate of .17% of the average daily net assets of the Portfolio up to $200 million, .15% on the next $200 million, .13% on the next $200 million, and .12% on such assets in excess of $600 million. For the years ended December 31, 2003 and 2002, fees for the services of PFMAM represent an effective annual rate of .14% and .15%, respectively, of average daily net assets. In accordance with these contracts, PFMAM is obligated to reimburse the Portfolio for the amount by which annual operating expenses, including investment management, custodian, legal and audit fees exceed .22% of average daily net assets. There were no reimbursements to the Portfolio for the years ended December 31, 2003 and 2002. Under Governmental Accounting Standards (GAS), state and local governments, including school districts and other municipal entities, are required to classify their investments, excluding pools managed by governments and mutual funds similar to the Trust, in prescribed categories of credit risk. For the information of the participants of the Trust, the December 31, 2003 investments have been classified as Category 1 investments. Category 1 includes investments that are insured or registered or for which the securities are held by the Trust or their agent in the respective Trust's name. Category 2 includes uninsured and unregistered investments for which the securities are held by the broker's or dealer's trust department or agent in the respective Trust's name. Category 3 includes uninsured and unregistered investments for which the securities are held by the broker's and dealer's trust department or agent, but not in the Trust's name. CAMP Annual Report' December 31, 2003 I • '''tt'v \ Trustees and Officers Service Providers President Investment Advisor, Administrator, Rebate Agent& Robert C. Leland Transfer Agent Director of Finance PFM Asset Management LLC City of Fairfield 50 California Street, Suite 2300 San Francisco, CA 94111 Vice President Steve Dial Custodian Director of Administration and CFO BNY Western Trust Company San Joaquin Council of Governments 550 Kearny Street San Francisco, CA 94108 Treasurer William). Zenoni Independent Auditors Finance and Administration Manager Ernst&Young LLP Alameda County Water District 515 S. Flower Street Los Angeles, CA 90071 Deborah S. Bailey Associate Superintendent, Business Services Legal Counsel Modesto City Schools Nossaman, Guthner, Knox& Elliot LLP 50 California Street, 34th Floor James S. Kennedy San Francisco, CA 94111 Treasurer-Tax Collector-County Clerk Yuba County Charles Lomeli Treasurer-Tax Collector-County Clerk Solano County Barbara L. Underwood Director of Finance/Treasurer City of Vista camp . (800) 729-7665 phone (415) 982-4513 fax AGENDA ITEM _} July 21, 2005 TO: The Honorable Mayor and Members of the City Council FROM: Steven G. Pasarow, Redevelopment Operations Manager SUBJECT: Request by Estudillo Mansion Committee for Funds for Tree Trimming at the Mansion Grounds RECOMMENDATION: 1) Review the Estimate from Quast Tree Service to perform tree trimming through out the Mansion Grounds. 2) By Motion, Approve funding from the unreserved Parks Development Fund in the amount of $4,500 to be utilized for tree trimming at the Mansion Grounds. BACKGROUND: The Estudillo Mansion Committee was established on February 18, 1999 by Resolution No. 99-3. The Estudillo Mansion Committee serves as an advisory committee to the City Council on all matters directly concerning the Estudillo Mansion and the Mansion Grounds. The Committee has requested that Quast Tree Service provide an estimate to trim all of the trees at the Mansion grounds and the Committee hereby provides this estimate to the City Council for its review. The Mansion Committee has reviewed and approved this estimate at its regular meeting of July 6, 2005. Approvals City Manager: '/ti Finance Director: Page 1 of 2 JUSTIFICATION: To maintain the Mansion trees in a healthy state and to enhance the aesthetic look of the Mansion grounds for the general public. BUDGETARY IMPACT: Implementing the entire suggested tree trimming sequence at one time will cost $4,500. ATTACHMENTS: • Estimate dated 6/22/05 for tree trimming from Quast Tree Service Page 2 of 2 1 QUAST TREE SERVICE c FlBORI D toy INSURED • CONTRACTORS LICENSE NO. 299319 1225 S. STATE ST. PHONE 654-2444 FAX 654-9525O P. 0. BOX 63, SAN JACINTO, CA 92581 WE ACCEPT- DISCOVER - VISA - MASTERCARD ISA Emily Quast 6/22/2005 WE-6681A Name ESTUDILLO MANSION Date Street RESTORATION COMMITTEE / Qy Cross Street L;, � j � ! 1 City SAN JACINTO, CA 654-7778 Phone Number Billing Address Submitted By City Accepted By JOB DESCRIPTION PAYABLE ON COMPLETION OF WORK PRICE P .. _3 E<IL4.t.4.-a) .L.C 6i/ s_QA_A_ roc_, 11 Ca ,gyp.\w.S k-11,E C DU. C,h{/3 ) k.e. .) cA- tact__ LeirvA Vi1,�,� f +gip 4z�. 4 �. " %\.`lL'.->v,-% CAI (o v.e�S wit. ) - .e ❑ Leave Firewood ❑ Remove Firewood Firewood will not be split unless specified. NOTICE TO OWNER: Contractors are required by law to be licensed and regulated by the contractor's state license board. Any questions concerning a contractor may be referred to the registrar of the board whose address is: Contractors' State License Board, 9132 Bradshaw Rd., Sacramento, CA 95827. — 800/321-2752 Date Completed Date Scheduled Leave Amount Paid Arrive Total Time Lunch Min. Foreman Finish Craw Return Equipment AP-QTS-10 7e5•31C0 AGENDA ITEM ) , J July 21, 2005 TO: The Honorable Mayor and Members of the City Council FROM: Barry McClellan, Interim Director of Public Works SUBJECT: Request for Appropriation For Purchase And Installation Two Banner Poles And For Two Decorative Street Lights RECOMMENDATION: Staff recommends that City Council appropriated $20,000 from the undesignated, unreserved balance in the General Fund to account 010.4150.410.3330. BACKGROUND: As part of the mid-year budget adjustments on January 20, 2005, the City Council appropriated $6400 to purchase two decorative streetlights. One streetlight is to replace the one damaged at Main and Jordan streets. The second streetlight will be stored and will be immediately available in the event of future damage to any decorative light. Cost for the two lights, tax and freight included is estimated at $7000. However, funds were not appropriated to purchase two larger, stronger poles designed to display banners across Main Street. The existing decorative streetlights are not designed to carry the weight and wind load associated with a large banner placed across the width of a street. The approximate cost for two "Banner Poles", tax and freight included, is $11,500. Installation would be approximately $1500. JUSTIFICATION: The two decorative streetlights have been on order since early May and the vendor now projects delivery in late July. Initially, the vendor provided a delivery date of early June, and a purchase order was not issued. Subsequently, the funds ($6400) appropriated in January are no longer available in the new fiscal year's budget, and a re-appropriation is necessary. Further, if Council desires installation of banner poles, the cost estimate to do so is $13,000. The timeline to receive the banner poles is approximately 12-weeks. Installation would take approximately two weeks. Approval. City Manager: .r/r� Finance Director: Page 1 of 2 BUDGETARY IMPACT: This appropriation will result in a reduction of $20,000 in the undesignated, unreserved General Fund balance. However, $6400 of that was unexpended in 2004/05 Fiscal Year and returned to the undesignated, unreserved General Fund balance. Page 2 of 2 AGENDA ITEM 'J. July 21 , 2005 TO: The Honorable Mayor and Members of the City Council FROM: Habib Motlagh, City Engineer SUBJECT: Final Tract Map No's 24738 and 24738-3 Bond Release — Forecast Homes, A.K. Hovnanian Company RECOMMENDATION: By motion, release in their entirety Subdivision Bond No's # 223785S for Tract 24738 and 223783S for Tract 24738-3; notify developer and Surety Company of City's action; and authorize Public Works Department to officially start the maintenance of facilities associated to this development project. BACKGROUND: The guarantee period has expired and staff has received no complaints from the residents of this development associated to the workmanship of the developer's installed improvements. Therefore, staff recommends the full release of bonds for these two subdivisions. JUSTIFICATION: Abide by the terms of the subdivision agreement entered between the City of San Jacinto and Forecast Development on November 5, 1991. BUDGETARY IMPACT: None anticipated — Property owners in this subdivision are already annexed to the City's LLPD No. 1. Approvals ATTACHMENTS: None s.,,�� City Manager: "�'a Finance Director: Page 1 of 1 AGENDA ITEM .3, r1 July 21, 2005 TO: The Honorable Mayor and Members of the City Council FROM: Bernie Simori, Finance Director SUBJECT: Appropriate $10,000 for ISA Server Hardware and Software RECOMMENDATION: By motion, and majority vote, approve and appropriate $10,000 from Undesignated, Unreserved General Fund Balance for an ISA Server for outside email firewall. BACKGROUND: The County is "tightening" security due to recent breaches in internet security involving County Courts and other departments. Unfortunately, security is never convenient and the City is feeling the effects of the added security issues as part of the County system. Staff has been advised that the Riverside County Security Office will require that the City use additional security to access the email server remotely via the internet. There are a couple of solutions: 1) Use VPN accounts; This would require software configuration on each computer accessing email server remotely along with a $10 per user monthly fee, 2) Purchase a server to use specifically as an Internet Security and Acceleration Server. The best and most flexible solution would be solution 2, the ISA server. After an initial outlay for hardware, software, and set up, users could access email remotely from any computer with internet access. The ISA server would provide a firewall between the internet and the Blackberry and Exchange servers. Approvals City Manager: Aii4 Finance Director: % Page 1 of 2 It is estimated that the cost would be about $10,000. The estimate amount is based on the cost that was quoted to the City of Perris some time ago. JUSTIFICATION: Would improve security to allow remote access to email from any computer over the internet. BUDGETARY IMPACT: Decrease Undesignated, Unreserved General Fund Balance by $10,000 with an appropriation to expenditure line item 010-2500-425-4045. ATTACHMENTS: ISA Server Information Page 2 of 2 Microsoft Internet Security & Acceleration Server: Product Overview Page 1 of 11 Microsoft.com Home I Site Map `i,«es.f" Search Microsoft.com for: . Windows Server System Go Microsoft Internet Security and Acceleration Server'°:. ISA Server Home Site Map I Worldwide I Free Newsletters Product Information 0Product Information How to Buy Technical Resources Product Overview Downloads Updated: February 15, 2005 Support Community ► What Is ISA Server 2004? Partners Microsoft Internet Security and Acceleration (ISA) Server 2004 is the advanced Solutions for... ► stateful packet and application-layer inspection firewall, virtual private network ISA Server on TechNet (VPN), and Web cache solution that enables enterprise customers to easily maximize existing information technology (IT) investments by improving Windows Server System ► network security and performance. ISA Server 2004 is available in two versions: standard edition and enterprise edition. Information included in this product overview includes features and capabilities in both versions, unless otherwise specified. ISA Server 2004 provides advanced protection, ease of use, and fast, secure access for all types of networks. ISA Server is particularly well suited for .3 protecting large enterprise network configurations requiring multiple firewall arrays in disparate locations that are running Microsoft client and server ® applications, such as Microsoft Office, Office Outlook Web Access 2003, Office SharePoint Portal Server 2003, Internet Information Services (IIS), Routing and Remote Access, Active Directory directory service, and many other Microsoft Try the new applications, servers, and services. Microsoft Office ISA Server contains a full featured, application-layer aware firewall that helps System:Order or download trial protect organizations of all sizes from attack by both external and internal threats. ISA Server performs deep inspection of Internet protocols such as software today > Hypertext Transfer Protocol (HTTP), which enables it to detect many threats that traditional firewalls cannot detect. The integrated firewall and VPN architecture of ISA Server support stateful filtering and inspection of all VPN traffic. The firewall also provides VPN client inspection for Microsoft Windows Server 2003-based quarantine solutions, helping to protect networks from attacks that enter through a VPN connection. In addition, a completely new user interface, wizards, templates, and a host of management tools help administrators avoid common security configuration errors. Top of page Screen Shots ISA Server 2004 has a completely redesigned user interface. To see for yourself, visit the ISA Server 2004 Server Screen Shots page. Top of_page Usage Scenarios ISA Server 2004 provides value to IT managers, network administrators, and information security professionals who are concerned about the security, http://www.mi crosoft.com/i saserver/evaluation/overview/default.m spx 7/12/2005 Microsoft Internet Security & Acceleration Server: Product Overview Page 2 of 11 performance, manageability, or reduced cost of network operations. ISA Server is equally beneficial for small, medium, and large organizations that can benefit from ISA Server stateful firewall, VPN, and Web caching capabilities. Common usage scenarios for ISA Server 2004 include: • E-mail Access for Mobile Employees. Provide secure e-mail access to employees outside your corporate network, including Microsoft Exchange Server 2003 and other mail servers. • Establish a VPN for Remote Users. Provide secure access to intranet information for remote users, including access to corporate resources hosted on servers running IIS and other Web servers. ▪ Create Encrypted Tunnels with Partners. Enable secure access to corporate network information for partners, including remote access and site- to-site extranet VPNs. • Remote Access for Mobile Employees. Provide employees secure remote access to only the corporate network resources they require. • Link_Branch_Offices Together. Enable branch offices to communicate securely with the main office over the Internet using highly secure site-to-site VPN connections. • Control and Protect from Malicious Traffic. Control corporate users' Internet access and protect clients from malicious Internet traffic. • Cache Content for Performance. Ensure fast access to your most frequently used Web content, thereby reducing corporate bandwidth usage costs and speeding up Web connections for corporate network users. Providing Secure E-Mail Access to Employees Outside the Corporate Network ISA Server 2004 provides a unique level of protection for Outlook Web Access Web sites. With the easy-to-use interface of ISA Server 2004, organizations can quickly set up Web publishing rules that enforce secure forms-based authentication. ISA Server 2004 also helps stop attacks against e-mail servers, both through Secure Sockets Layer(SSL) decryption (SSL bridging), which enables SSL traffic to be statefully inspected for malicious code, and through stateful HTTP filtering, which provides deep inspection of HTTP application content. In addition, ISA Server can authenticate users. Authentication prevents anonymous connections from reaching your mail server. Preventing anonymous connections prevents anonymous user logon attempts, which represent a key attack vector aimed at internal mail servers. ISA Server leverages the existing multifactor authentication currently used in organizations and provides secure authentication and authorization, whether the remote mail scenarios use Remote Authentication Dial-In User Service (RADIUS), RSA SecurlD, or Windows-based authentication methods. This enables ISA Server to prevent dangerous anonymous requests from reaching Exchange Server. Forms-based authentication provides further protection by performing attachment blocking and session time-out. Attachment blocking prevents users from accessing attachments using Outlook Web Access. Session time-out http://www.microsoft.com/i saserver/evaluation/overview/default.m spx 7/12/2005 Microsoft Internet Security & Acceleration Server: Product Overview Page 3 of 11 prevents user e-mail sessions from being left open indefinitely for others to use. ISA Server 2004 Enterprise Edition helps protect against situations where users cannot access e-mail because of firewall downtime. ISA Server tightly integrates with Windows Network Load Balancing (NLB). NLB significantly increases firewall uptime by allowing online array members to take over for other array members that are offline. In addition, ISA Server's integrated support for NLB improves user e-mail experience by enhancing firewall performance with an intelligent load-balancing algorithm that minimizes the chance that any ISA Server computer in an array will become overburdened by network traffic. Figure 1 illustrates how ISA Server helps secure e-mail access for employees outside the corporate network. .. Outlook I (RPC,RPC/HTTP) ExchangeBrowser Front End (Outlook Web Access, Internet Outlook Mobile � Access) Other 0.00' (POP,IMAP) ISA Serker 2004 Other orgs (SMTP) Corporate Network Figure 1.ISA Server 2004 enables you to securely and easily make e-mail available to employees outside the corporate network Providing Secure Access to Intranet Information for Remote Users ISA Server 2004 uses Web and server publishing rules to securely publish information over the Internet. Publishing information to Internet users makes computing resources inside the corporate network available to users outside the network. The ISA Server integrated Web and server publishing wizards automate common tasks and reduce the risk of misconfiguration. In addition, link translation for publishing Web servers allows for intelligent translation of internal links into publicly accessible URLs. ISA Server can also inspect Web and other network traffic for legitimacy, such as enforcing valid URLs. In addition, ISA Server can authenticate users through existing authentication frameworks, which allows you to block potentially unwanted and dangerous anonymous requests from reaching published servers. You can significantly improve remote access availability by using ISA Server 2004 Enterprise Edition. Integrated support for Windows NLB provides failover and load balancing for published Web servers and other published network services, such as Microsoft SQL Server, File Transfer Protocol (FTP), and Simple Mail Transfer Protocol (SMTP). When an ISA Server 2004 Enterprise Edition NLB array member becomes unavailable, other members of the NLB array take over for the downed server. Access stops only when all members of the array are http://www.mi crosoft.com/i saserver/evaluation/overview/default.m spx 7/12/2005 Microsoft Internet Security & Acceleration Server: Product Overview Page 4 of 11 unavailable. Figure 2 illustrates how ISA Server can help protect your corporate network while making intranet information available over the Internet. WebInternet <1;1_,.. Servers) ISA Server 2004 Client Corporate Network Figure 2.ISA Server 2004 enables you to securely and easily publish Intranet information over the Internet Enabling Secure Access to Corporate Network Information for Partners Using the ISA Server 2004 integrated VPN gateway capability, you can securely connect business partners to your corporate network using a site-to-site VPN connection over the Internet while limiting their access to specific servers and applications. ISA Server encrypts all information exchanged between the partner and corporate network, which ensures data confidentiality and prevents data from being stolen or modified by Internet criminals. The secure VPN site-to-site link provides partners with a transparent, secure, encrypted access to corporate extranets. Users on the corporate and partner networks are never aware that the connection moves through a VPN connection and never need to reconfigure their applications to use the site-to-site VPN link between offices. In addition, VPN gateway servers authenticate with each other twice: one authentication takes place for the computers creating the connection and the second authentication takes place for the user account responsible for the VPN site-to-site link. This double authentication provides the highest level of security available for VPN site-to-site connections today. After computers and the point-to-point user account are authenticated, ISA Server enforces strong access controls over what traffic is allowed over the VPN connection. Strong access control limits a partner's ability to roam the corporate network and provides access to only required resources. ISA Server can also apply deep application-layer inspection for a number of network protocols, which further helps protect your corporate network from advanced application-layer attacks that presently plague corporate networks. Uptime and stateful inspection firewall policy are critical to a secure remote access and site-to-site VPN solution. ISA Server 2004 Enterprise Edition increases availability for both VPN servers and gateways with integrated support http://www.microsoft.com/isaserver/evaluation/overview/default.mspx 7/12/2005 Microsoft Internet Security & Acceleration Server: Product Overview Page 5 of 11 for Windows NLB. When all members of the NLB array are unavailable, VPN connections are also no longer available. In addition, the Enterprise Edition centralized management model allows you to apply highly secure access policy to ISA Server 2004 Enterprise Edition VPN servers from the ISA Server Management console at a single location. Figure 3 shows how ISA Server can protect your corporate network while making relevant information available to your partners. _....._.._•_,-). ISA Serves 2004 �` Corporate Internet \\,...,_(1.0) Partner Figure 3.With ISA Server 2004,you can provide your partners with secure access to relevant corporate information Providing Remote Access to Required Corporate Network Resources for Employees Through advanced application-layer inspection, ISA Server 2004 helps protect your corporate network from unmanaged remote computers accessing the corporate network through a VPN by inspecting and analyzing VPN remote access client traffic to block worms and viruses. You can use ISA Server to assign flexible network policies to VPN users and groups, allowing them access to specific servers and applications, while blocking them from connecting to other resources on the corporate network. ISA Server provides advanced security by quarantining VPN remote access clients that do not meet preconfigured corporate policies regarding installation of software updates, antivirus software, or other specific computer configurations. Figure 4 shows how ISA Server helps protect the corporate network while providing remote access to employees. http://www.microsoft.com/isaserver/evaluation/overview/default.mspx 7/12/2005 Microsoft Internet Security & Acceleration Server: Product Overview Page 6 of 11 ISA Selves 2004 Cj Internet Remote �� --- Users Corporate Network Figure 4.ISA Server 2004 enables you to provide employees with secure and flexible remote access to your corporate network while helping to protect the network from malicious traffic Enabling Branch Offices to Communicate Securely with the Main Office Over the Internet An ISA Server 2004 VPN gateway enables an administrator to join entire networks together through VPN site-to-site links. For example, if your company has one or more branch offices, you can use ISA Server to connect all your branch offices to your main office VPN gateway. The Internet Protocol security (IPsec) tunnel mode VPN protocol support in ISA Server enables the firewall administrator to set strong access controls, including user, group, site, computer, protocol, and application-layer specific controls over traffic moving through the VPN site-to-site link. With these strong access controls in place, users on the local network can access only allowed content on the remote network, and remote network users can access only the designated local network resources. Strong ISA Server access controls allow employees to access information they require to accomplish their work, and block access to all other computer resources. Branch office firewall management for globally distributed enterprises can be challenging. Branch offices often do not have qualified IT staff to manage local firewalls. ISA Server 2004 Enterprise Edition solves this problem by enabling centralized management of all firewalls in the organization. From a main office location, an enterprise firewall administrator can manage Enterprise Edition firewall arrays at all branch offices. The Enterprise Edition integrated support for Windows NLB makes sure that VPN site-to-site links have the highest possible uptime. Figure 5 illustrates how ISA Server helps provide secure connections between your branch offices and the main office. http://www.mi crosoft.com/i saserver/evaluation/overview/default.mspx 7/12/2005 Microsoft Internet Security & Acceleration Server: Product Overview Page 7 of 11 Er ISA Selves 2004 Q..... ,„...---0---. � � J .-, .cam—__---' Internet ISA Selves 2004 Corporate Branch Office Figure 5.ISA Server 2004 helps provide secure communications between your branch offices and the main office Controlling Internet Access and Protecting Clients from Malicious Traffic on the Internet With ISA Server 2004, you can easily control and apply Internet access policies for your user populations, as well as protect users from malicious Internet traffic. Flexible firewall policies allow for Web site blocking as well as content filtering, both to improve user productivity and to block inappropriate content. ISA Server features built-in integration with Active Directory, enabling you to build custom access controls for different organizational roles and job levels based on Active Directory users and groups. In addition, stateful application-layer filtering in ISA Server enables you to improve the reliability of your environment by protecting your client computers and servers from advanced attacks. For example, advanced HTTP filtering in ISA Server blocks the use of embedded applications, such as common peer-to-peer and instant messaging applications. ISA Server traffic filtering also thwarts many common forms of Internet attack by preventing access to internal clients from the outside, checking inbound reply traffic for validity, and verifying that third-party add-ins contain no worms or viruses. Figure 6 illustrates how ISA Server controls Internet access and helps protect clients from malicious traffic on the Internet. http://www.microsoft.com/i saserver/evaluation/overview/default.m spx 7/12/2005 Microsoft Internet Security & Acceleration Server: Product Overview Page 8 of 11 'l Clients Internet ISA Selves 2004 fa. . ,,......71/411 Corporate etwork Figure 6.ISA Server 2004 controls Internet traffic and helps protect clients from malicious traffic Ensuring Fast Access to the Most Frequently Used Web Content Caching capabilities in ISA Server 2004 ensure fast access to popular Web content. ISA Server can send specific requests to upstream caching servers if the downstream cache is full. Figures 7 and 8 show how ISA Server uses its downstream and upstream caching capabilities to provide fast access to frequently used Web content. Corporate ./" Network Internet Cache (downstream) Cache (downstream) Branc h ) Branch Office Office Figure 7. Downstream caching provides rapid access to popular Web content http://www.microsoft.com/i saserver/evaluation/overview/default.m spx 7/12/2005 Microsoft Internet Security & Acceleration Server: Product Overview Page 9 of 11 1 4% Cache Corporate Network Cache (upstream) Figure 8. Upstream caching is available when downstream caches are full In addition to routing Web requests to upstream and downstream Web caching servers, ISA Server 2004 Enterprise Edition supports the Cache Array Routing Protocol (CARP) for arrays of Web caching servers. The intelligent CARP algorithm significantly increases the Web access speed and reliability with its fault tolerance and load balancing features. CARP provides fault tolerance by allowing Web browsers to bypass downed members of the array and connect through live array members. In addition, CARP caching arrays automatically load balance Web connections so that no array member is overwhelmed by Web browser traffic. ISA Server 2004 Enterprise Edition caching arrays are also efficient. Web content is never stored twice, which greatly increases the amount of Web content that can be cached by a single array. Caching arrays have the potential for significantly reducing the amount of Internet bandwidth required for Web connections. This is especially important for branch offices that would otherwise require expensive Internet connections to obtain Web content. Top of page Providing High Availability, Real-Time Failover, and Connection Load Balancing for Inbound and Outbound Connections Today's connected business depends on constant and reliable Internet access. ISA Server 2004 Enterprise Edition helps increase uptime for inbound and outbound connections through firewall arrays with integrated NLB support, which enables ISA Server enterprise arrays to provide enhanced uptime by automatically and transparently moving connections away from downed firewalls. Users never need to reconfigure client computers, and firewall policy never needs to be manually updated if one or more array members become unavailable. In addition to providing real-time failover for downed ISA Server 2004 Enterprise Edition array members, integrated support for NLB enables automatic load balancing of connections made through ISA Server array members. Load balancing optimizes performance and enhances the Internet experience by preventing a single array member from becoming overwhelmed by network traffic. The Enterprise Edition smart NLB algorithm evenly distributes http://www.microsoft.com/i saserver/eval uati on/overview/default.mspx 7/12/2005 AGENDA ITEM ; I C July 21, 2005 TO: Mayor and City Council FROM: Timothy M. Hults, Acting City Manager .i' SUBJECT: The Diamond Valley Arts Council — Request for $1 ,000 Donation RECOMMENDATION: By motion approve a $250 donation to The Diamond Valley Arts Council. BACKGROUND: Richard Leitz, Chairman of the Diamond Valley Arts Council, made a request for a donation at the May 5, 2005 Council meeting. Mr. Leitz was instructed to send a written request to the City Manager. See attached letter. Former City Manager Cosentini asked the Council how they would like to proceed. Council Member Shaw responded. Therefore, per Council Member Ken Shaw's direction, staff is bringing forward for Council's consideration a request from The Diamond Valley Arts Council for a grant of $250.00. JUSTIFICATION: Contributing to a local non-for-profit organization aimed at advancing the arts and creating a community in the San Jacinto Valley. BUDGETARY IMPACT: One-time donation can be offset by utilizing $250.00 of the City's allocated funds for unexpected special events (01025104254012), leaving a remaining fund balance of $6,750 for the remaining Fiscal Year 2005-06. ATTACHMENTS: 1. Request form The Diamond Valley Arts Council dated May 6, 2005 Approvals City Manager: _� Finance Director: Page 1 of 1 The Diamond Valley Arts Council Phone: (951)651-1964 eMail: info.DVAC@verizon.net 140 East Stetson,PMB#297, Hemet, CA 92543 j "Advancing the Arts— Creating Community" RECEIVED CITY OF SAN .JAC?NTO r: AY May 6, 2005 Y` C Y CLERK San Jacinto City Council 201 E. Main Street San Jacinto, CA 92583 Dear Mayor Buydos and Members of the Council: Thank you for the opportunity to address the council during the Public Comments item on the agenda of your meeting on May 5, 2005. As was stated at the meeting, the purpose of The Diamond Valley Arts Council, as an umbrella organization for all of the various visual and performing arts, is to promote awareness of and encourage greater participation in the arts and cultural opportunities in the region. We Intend to partner with public and private agencies in developing programs and creating opportunities the will enrich the cultural, economic, and intellectual life of the community. Y In keeping with our goals, our council is presenting "A Tribute To American Heroes" on Monday, May 30, 2005 at the Ramona Bowl Amphitheatre featuring the 40-member Navy Band Southwest Wind Ensemble, a free concert and art show for our community. We are seeking financial support for this event from individuals and businesses in the area. We are also asking the City of San Jacinto to support this event with a one-time grant of $1000 to help assure the viability of this community-wide event honoring our American heroes. Once again, we thank you for the opportunity to bring this request to you and we look forward to partnering with you in the future in our continuing efforts to "Advance the Arts and Create Community". Appreciatively, r , 7v it Ciia( Richard Leitz, Chairman The Dialnond Valley Arts CounciC AGENDA ITEM 3 . 11 July 21, 2005 TO: The Honorable Mayor and Members of the City Council FROM: City Attorney and City Engineer SUBJECT: Deposit Agreement for Right of Way Acquisition RECOMMENDATION: Approve and authorize Mayor to execute Deposit Agreement between City of San Jacinto and. Meritage Homes of California, Inc., a California corporation (Meritage). BACKGROUND: The City of San Jacinto has approved Final Map No. 30942, a project now being developed by Meritage. As part of the project, the developer is required to acquire, construct and dedicate certain portion along the easterly side of Street A within the tract map. However, the developer does not own this portion of the property to accommodate the required street. In order to deal with these types of situations, the California Government Code allows the City to enter into a reimbursement or deposit agreement, whereby the City will, if the developer is first unable to do so after exercising diligent efforts, attempt to acquire the necessary right of way interest. The developer, in turn, agrees to reimburse the City for its costs, including engineering, legal and right of way costs. In this case the developer has already deposited, as good faith, with the City the sum of One Hundred Thousand Dollars ($100,000.00) in the form of a cashier's check to effectuate the acquisition of this portion of right of way. The accompanying agreement has been drafted in order to allow the City to be reimbursed the costs that the City incurs in assisting the developer in meeting the acquisition and construction of the portion of Street A as conditioned under the Tract Map No. 30942. Approvals City Manager: 'TQt{m Finance Director: Page 1 of 2 RVPUBUSB\696472.I RVPUB\SALV ADOR.SALAZAR\697175.I JUSTIFICATION: This agreement is justified because it will enable the City to ensure that the southeasterly portion of Street A could be acquired and constructed in accordance with the conditions of approval imposed under the tract request and that the City is fully reimbursed for the costs that the City incurs in acquiring the necessary right of way. BUDGETARY IMPACT: The approval of this agreement would have a beneficial impact to the City's budget in that it will ensure that the City is reimbursed for its costs in acquiring the necessary rights of way. ATTACHMENTS: • Deposit Agreement Page 2 of 2 RVPUBUSB\696472.1 RV PUB\SALV ADOR.SALAZAR\697175.1 DEPOSIT AGREEMENT This Deposit Agreement (the "Agreement") is entered to as of this of June, 2005, by the City of San Jacinto, a municipal corporation (the"City"), and Meritage Homes of California, Inc., a California 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 City. The Action is still pending, and the District has not yet obtained a final judgment granting it title to the Property. 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 Crest 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: 1. 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. (b) 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 -1- RVPUB\SALVADOR.SALAZAR\694908.2 determine whether any portion of the Property constitutes excess property which the District may 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. (c) To the extent that Meritage is unable to purchase the Acquired Property from the District, the City agrees to use its reasonable best 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 1(c) to the contrary, the City's agreement herein 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 1(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 domain, 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 commercially 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 Meritage 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 ($100,000.00) (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- RV PUB\S ALV ADOR.S ALAZAR\694908.2 eminent domain, the Citymaydraw upon the Deposit to reimburse itself for costs and expenses P � p reasonably incurred in connection with such acquisition as provided for in Section 1(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 shall provide to Meritage invoices,billing statements,receipts, and other documents indicating the costs and expenses 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, Meritage shall pay the City the Deficit. (c) To the extent that Meritage purchases the Acquired Property from the District and promptly following the City's acceptance of Meritage's offer of dedication of the Acquired Property to the City, the City shall, at Meritage's sole option and direction: (i) 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 the Map or otherwise. 5. Notice. Any notice,payment, credit or instrument required or permitted 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 92612-2510 ATTN: Bart Hayashi Any party may change such address by notice given to the other parties as provided herein. 6. Indemnification. Meritage shall defend, indemnify, and hold harmless 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 Meritage 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 reimbursement of the City Indemnitees for all legal expenses and costs reasonably incurred by -3- RVPUB\SALV ADOR.SALAZAR\694908.2 each of them. Notwithstanding any of the foregoing to the contrary, Meritage shall not be obligated to defend, indemnify, or hold harmless the City Indemnitees 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. Assignment. 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 determined 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 made. 11. No Waiver. This Agreement is intended to effectuate a compromise among the parties. 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 Agreement. 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. [Remainder of Page Intentionally Left Blank— Signature Page to Follow] -4- RVPUB\SALVADOR.SALAZAR\694908.2 IN WITNESS WHEREOF, the parties have executed this Deposit Agreement as of the date first set forth above. "CITY" "MERITAGE" City of San Jacinto Meritage Homes of California, Inc. By: By: Name: Name: Title: City Manager Title: Approval as to Form: By: Name: Title: City Attorney [Signature Page to Deposit Agreement] -5- RV PUB\SALV ADOR.SALAZAR\694908.2 EXHIBIT "A" (Tentative Tract Map No. 30942) 6381/1 -1- RV PUB\SALVADOR.SALAZAR\694908.2 --- KLL OF.TTNTAT NU TRACT NO.30 TRACT N O. 30942 TOTAL LOTS: NUMBERED LOTS 1 THROUGH SHEET 2 OF 5 SHEETS HROUGH 77 AND LETTERED LOIS A THROUGH H GROSS ACREAGE: 19.17 ACRES IN THE CRY OF SAN JACINTO, COUNTY OF RIVERSIDE, NET ACREAGE: 14.46 ACRES - STATE OF CALIFORNIA BEING A SUBDIVISION OF THE SOUTH HALF OF THE NORTH HALF OF THE WEST HALF FARM LOT 152 OF THE LANDS OF THE SAN JACINTO LAND ASSOCIATION, AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 357 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CAUFORNIA. ADAMS - SllcttltN CIVIL ENGINEERS, INC. JAN A. ADAMS, R.C.E. 21687 DATE OF SURVEY: DECEMBER, 2004 BASIS OF BEARINGS LOT TABULATION LOT A PUBLIC STREET 1.53 THE BEARINGS SHOWN HEREON ARE BASED UPON THE BEARING SHOWN PUBLIC STREET 0.80 LOT B ALONG THE CENTERLINE OF COTTONWOOD AVENUE BEING NORTH 89'54'42" LOT PUBIC STREET 0.60 NEST AS SHOWN ON A A RECORD OF SURVEY OF"SAN JACINTO MOP UNE LOT C PUBLIC STREET 0.60 E',FILED IN BOOK 110,PAGES 70 THROUGH 7B OF RECORDS.OF SURVEY, RECORDS OF SAID COUNTY. LOT E PUBLIC SIIRLI 0.53 LOT F PUBLIC STREET 0.32 • LOT C PUBLIC STREET 0.50 ENGINEER'S NOTES: LOT H LANDSCAPE AREA 0.03 1. SET 1'P,TAG="BCE 21687',FLUSH,AT ALL REAR LOT CORNERS ANGIE POINTS,B.C'S EC'S,AND,CORNER CUTBACKS SET LEAD&TAG TANGO 21687'W T6P OF CURB DI LIEU OF FRONT LOT CORNERS ON 90E LOT UNES.PROECTW AND FOR B.C'S AND E.C/S PRO,ECTED PERPDOOLIR CR RADIAL FROM CENTERLINE UNLESS.OTHERNISE NOTED. ADDITIONAL.INFORMATION 2 FAU.OR THINMI? SHORN WNL BE SET IN ACCORDANCE WITH THE NONUMENTARON AGREEMENT PURSUANT TO THE PROWSIDNS CF SEVEN 66434.2 CF TIE SUBDIN90N FOR THIS YAP. - 1-AU.PUBUC Sf:RNCE MID PUBLIC UTILITIES INSTALLS NNW THIS TRACT SHALL BE PLACED MAP ACT,THE"FOLLOWING IS PRONDED FOR INFORMATIONAL PURPOSES ONLY,AND IS NOT WENDED TO AFFECT RECORD TITLE INTEREST: UNDERGROUND. 4. TNIS TRACT'CONTMIS 19.17 ACRES CROSS BE PROJECT IS NOT*THIN DESIGNATED FLOOD ZONE AREA THERE ARE NO WATERCOURSES ON OR OFF THE SITE 5. DRAINAGE EASEIENTS SHALL BE KEPT FREE FROM ALL BUILDINGS MID OBSTRUCTIONS. NOTE: ( )INORATES.RECORD DATA PER R.S.B.110/70-78. ASSESSOR Pb).431-160-002 [ )INDICATES RECORD DATA PER PARCEL M4P 29646,P.N.B.199/42. EASEMENTS IODATES 6d OMY ID BE.JIOMO"T. m AN EASDLIIT IN FAVOR OF SOUTHERN CAUFORNIA EDISON COMPANY,A CORPORATION FOR POLES AND CONDUITS AND INCIDENTAL PURPOSES,RECORDED MONUMENTS NOTES: CF TEMMBER OAI 5,RE TOM AS INSTRUMENT NO.116939 ORDS •WECATES RUE MONUMENT AS NOTED. m THE EFFECT OF AN EASEMENT 30 FEET ON EACH SIDE OF SECTION LINES FOR-PUBLIC HIGHWAYS,AS ENFORCE BY PETITION DATED JANURY 9,1959 AS INSTRUAENT.NO. 32692 OF CFFK7AL RECORDS OF RIVFRODE COUNTY, 1: LETTERED 1015 ARE FOR LANDSCAPE/OPEN SPACE STREET MID P11BUC U7UTY PURPOSES.,W CALIFORNIA B,ARE.NOT SEPARATE BALDING STE5. RIGHTS OF WAY FOR ONE OROH,FLUME OROTHER V AOUFDUCT,ACROSS THE LANDSOF ANY OTHER OVER �'SHEET NUMBER LYING BETTIES IQ MID THE SAN MOWS RIVER, AS RESERVED TO EACH AND EVERY ONNER OF LMNO IN THE RANCHO SAN JACINTO NEJO,INS HORS OR A 090115,BY DECREE CF PRRRON OF SAID RANCHO, RECORDED HI BOCK 43,PAGE 161 OF DEEDS,RECORDS OF SAN DECO COUNTY,CALIFORNIA.(NOT LOCATABLE) Al 1'I FLUSH,PE STAMP®'. TR. NO. 30335 P095, / . PER At C MB 326/53-58 PMB. 6.LOT.ACC.AB'NW COIL CO77 W OD AMIE OF FARM 152. 1322.01' - - N69'S4'42'W ¢ ,292.01'(1292.09') - r FD.3/4'I.P.W/TAG / O .2 STAMPED'R.E 154Y,ON J �j 4 r,.$ 0.5',PER R.S.B.110/70-78. it g! t R.S.B. 110 / 70-73 Le w MAP OF THE LU j3 SAN JACINTO LAND ASSOCIATION a FD.2'I.P.W/TAG STAMPED 'Hr F.D.1'I.P..NO TAG, •oN.1.0'. © �- 247 4230'.FLUSH,PER TR. 1 DER RSB 1i0/70=76 A ____ r 24735-2 M.B.233/29-31. ,_ Q �"] �I ;FD.3/4'I.P.W/TAG FD.1 1/4'BRASS CAP' 20 19 18 117 116, 15 14 , 13 12 11 10 ' 9 - 8 1 STAMPED'12.E 1547'.UP STAMPED"LS47 -20'.FLUSH. J __._ 0.4'.PER R.S.B.110/70-78. PER 79.3473e-2 M.B. • 1 SAN JACINTO LAND ASSOCIATIONJ 233/29-31. L0. A- 7 2 it 1 ' ROANOKE STREET II _ -� 1Y1 • 1_.9 / a57 SANa. • _ $ / W._ 34 • 35 : • 48 49 62 6., 6 3 I .g ISO/\� 21 So' 1 I5LY 1/2. N'N 1.l I 1{ *o �x 22 m 5 33 36 47 50 0 61 64 I., 5 4 ,.I 5 N g W _ _ � - a I 4 .. - S.I 32 37 °II I 46 51 l0 III 60 65 I - PADDOCK WAY �,, `i.' 23 .. o N I FARM LOT 152v. LOT F Z 1.13 - - }1 38 (o 145 52 t. 59 I66 coil 73 74 l n 4 x I1 I oJ m o E W 25 30 39 iS,\ 44 . 53 a\ 58 67 72 75 I o I- 1x / 26 ..'�/.. L9 40 . I 43 54 �� 57 56 'I 71 76 _ • 27 28 a all 55 56 I E9 70 77 i PER R.S.B.110/70-76.ACC. JJJ� LLOOT 15 SECM.NW 1/4 OF FARM 2 ❑( N89'54'24'91 I 1291.87'(1291.75') L j___. _...._ ____ ___ -J RUSH,NO REF. FO.1'I.P.NO TAG.FLUSH. I i 1 BENT AT TOP.R.S.B. NW -76.MCC AS SW GCB),, -_ - - NW 1/4.FARM LOT 152. 14i - / BOUNDARY CONTROL AND SHEET INDEX \1 SCALE1'4 120' eEYHVIF/BTAffT N r+ /�j i�� W 03-829e 1, 0 TI �?nT. EXHIBIT "B" (Anticipated Locations of the Acquired Property and the ROW) 6381/I -2- R VPUB\SALV ADOR.SA LAZAR\694908.2 "`°F'°'1'E TAADT"O 71 T TRACT N O. 31296 T 2 OF 5 SHEETS NATAL LOTS: 1LOTSFA I LATE 1 THROUGH!K N10 GROSS ACRC1 LDIS A TACRES K PCIEAM 1:10.1E ACRES 1°°2 ACRES IN THE CRY OF SAN JACINTO, COUNTY OF RIVERSIDE. STATE OF CAUFORNIA EKING A SU90INSION OF THE NORTH RAIF OP THE NORMINEST QUARTER OF FORM LOT 152 OF THE LANDS OF THE SAN JACINTO LAND ASSOCIAMXI, AS SHOIRI BY SLAP ON PILE IN BOOK 6. PACE 357 OF NAPS, RECORDS OF SAN DIEGO COUNTY. CALIFORNIA. . ACMES - STREETER CIVIL ENGINEERS, INC. JAN A. ADAMS, R.C.E 21687 DATE Of SURVEY:JUNE 2004 BASIS Of BEARINGS LOT TATAXADON 11E DEAACS WW1 IEAECN ARE BASED UPON 111E iEARINC SO tin A M81C mat UT AOIfS ALCNO THE CENTERLINE OF COTTON00 AVENUE OEM 11rSF42. LOT II PUKE SIFT 1.74 AM UNIT AS SIOYRM ON A A RECORD OF SURVEY OF''SAN JACINTO OOP LIME LOT C PUBLIC tR(T OM ALRQ C.RED M 1100K 110.PAGES 70 T1R$A1I 7B OF RECORDS OF BURLEY. LOT D KOLEC SI MT SAS We RFC OF SAD COUNTY. LOT E MOST"MA 114 A0113 LOU LAMME AREA CM NXS LOT 0 PP1.1C 131EfI A33 AOLS ENGINEERS NOTES: LOT N PtlBIIC SIM 0117 AMES UK I UIi6CMC MIA CA ALREI L ay re.=cm 1Ni mem7'.F119L AT ILL sIEAMN SOP CORNERS.MOLE POINTS.LC/ LOT J PLOW 17NET ORS AOC EL ER OI®'L MD CORER SET LEAD A TAO'ROE EL6er•TOP OF O1R fI WV LOT K LMUSCME IRO COS AWLS PROM LOT owns 01 SOE LOF U16 PROOCm AID FOR RAS NO 00/3 rEac U7 P176000LAR DR RAW RIM DENTERL E MISS m1ERNEE 1016). ADDITIONAL INFORMATION 2. ML 110F1[RES anal el K 4T N A.YdBNECO LAN TEE YOF361TATKN IEIEVENT R76UAilf 70 TEE 1701tSINS G SEC11M K6L2 Cr LEE°�+� FaRlssw. WOES 1 ILL RUNE SOME NO MILK 110IEF3 UMW WIN 111E TRACT MLL RC PULS NAP ROT.1O MIMED O 19 641 O RN MiP151 64 651, 0A7,MO 1f ROT PIRUO®W Nfii:T wag 111E MOM . 1RO01W.An 4, NHS WI CORMS MO AGES MOSE 11E PROEM 6 POT N11M M9OLATED R007 I0E NEL HERE ME NO U1ERIX RSK ON OR Off 1E SSE A BOICAFNR SET PEN SM*141 10 O%NTT 1116).7070 N01E: A DRANME Mar MILL BE NM FIE:MON ALL NOW NO WgRICIONS. ASl1.Otf Nap-YO-1N ()BOOM KUM BAG POI RSA IE7/111-75. NOTES ( T bate Sez•D DATA la P .YM fM•.FILL iK/4. L (CTIDT®LOTS ATE FOR WOSCJf[/0'01 SPACE.RLUC SNIT;AO NODES BMW T1 eT 52226121 ARE 1CT YPMAx MON SRS Ostar WAR ASOPAAEMS NOTES: • NWAE MOO 1214101 AS NOTED. 14 r v•WW1. mow I I- i / / &EXX��7R.�,NIO.80330 >K v.►/CK u wr,RUM PP NJ I I/ ALB 82�/68 fiC I wm Ra*CrOM LA14 11. n6 t�a Aa. I ! d I / L K M mP u /P•uP ) ( V L EX RT1N IMPROY B .a NSA mho-n A I . WI. 36 TO N n u I a C3IW.HEETO oro.1Aa H' k w1 ILO I 5 R I • 1 I- 6 1 ria u aAa .1' r I l,,`A a a. b 7 n x Ilk �p�/ . 4114 m Malw F y L��tL•q yz r I��ii 1 SI 11 3. 1•4'' . 1 S w • >-▪ PLO.r V.• AO SHAM 4 r illik1N ' '.... ' Wel INTO As 14 21 IO ,a srN•m v a1WM 11Ye • 80B4s' s• /� Pifro I6 o float isl 1'OP 1E N726-L ��.. 'NE w T1 at Paan•-n J' I I F I 8At• •JACIN—o HO IFJ w 7L Q / 1 • 1 /1� / - - - ■ —`5 4-1--(r— �- —1\1 ' }`U vi I ((— rt I 1 3 BOUNDARY CONTROL AND SHEET INDEX g R acvl P•to 6 Jx 07-14M • AGENDA ITEM July 21, 2005 TO: The Honorable Mayor and City Council FROM: City Attorney SUBJECT: Resolution to Amend the Rules and Procedures for processing Development Agreements RECOMMENDATION: Consider and by motion approve the proposed amendment to the procedures and requirements for processing development agreements. BACKGROUND: In 2002 the City Council adopted rules and procedures for processing development agreement applications. The rules and procedures as currently adopted require the review and recommendation of all development agreements by the Planning Commission before the City Council can take action on a development agreement request. However, the City Council has found and determined that it may be necessary for the City Council to substitute the City Council as the Planning Commission for certain development agreement requests. The proposed amendment to the rules and procedures for the processing of development agreement would allow the City Council to exercise original jurisdiction over certain development agreement requests for which a recommendation from the Planning Commission would otherwise be required. The criteria to substitute the City Council as the Planning Commission is that the development agreement request will have either major significance, major economic impact on the city or an unusual potential impact upon the community. A new section to the resolution establishing the rules and procedures will be added to outline this amendment. As with all development agreements, development agreements still be considered public hearings before the City Council before execution. Approvals City Manager: ;77 Finance Director: RVPUB\SALVADOR.SALAZAR\697144.1 1 BUDGETARY IMPACT: The execution of development agreements, as proposed, would benefit the City's general fund since the Development Agreement request would be processed more expeditiously. In addition, it is expected that the amendment to the rules and procedures for the processing of development agreements, as proposed, would create a further incentive to build, which will benefit of the City's Police/Fire services CFD. ATTACHMENT: • Resolution Amending The Rules And Procedures For The Processing Of Development Agreement Requests RVPUB\SALVADOR.SALAZAR\697144.1 2 STATE OF CALIFORNIA ) RESOLUTION NO. 05 - COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO AMENDING PROCEDURES AND REQUIREMENTS FOR THE CONSIDERATION OF DEVELOPMENT AGREEMENTS UNDER GOVERNMENT CODE SECTIONS 65864 THROUGH 65869.5, INCLUSIVE WHEREAS, the City of San Jacinto (the "City") in 2002 adopted rules and procedures for the consideration of development agreement requests under Government Code Sections 65864 through 65869.5, inclusive; and WHEREAS, Section 401 of the procedures and requirements allow for all development agreements to be considered at a public hearing before the Planning Commission, and after the hearing by the Planning Commission, the Planning Commission shall make its recommendation in writing to the City Council. WHEREAS, the City Council has determined that the Council may be more appropriate for reviewing certain Development Agreement requests that will have either major significance, major economic impact on the city or an unusual potential impact upon the community; and WHEREAS, the adoption of an amendment to the procedures and requirements for consideration of applications for development agreements is not a "project" subject to the requirements of the California Environmental Quality Act because it is an organizational or administrative activity of government which is political and which will not cause a direct or reasonably foreseeable indirect change in the environment as set forth in Public Resources Code Section 21083 and Section 15378 of the California Environmental Quality Act Guidelines. NOW, THEREFORE, the City Council of the City of San Jacinto, California, finds, determines and orders as follows: SECTION 1: The rules and procedures are hereby amended to add Section 401.1 to read as follows: Section 401.1 Authority of City Council to Substitute the City Council as the Planning Commission for the Certain Development Agreement Requests. As to any development agreement application brought before the city council either upon application by a developer, request by city Page 1 of 4 1 staff, or by request of one or more council members of this purpose, the city council may vote to substitute the city council as the planning commission and act upon such development agreement without planning commission's advice or recommendation. However, the City Council shall have the authority upon finding and determining that the development agreement will have either major significance, major economic impact on the city or an unusual potential impact on the community. The City Council in acting pursuant to this section shall be bound to the same procedural and substantive requirements as the planning commission would be if the planning commission were acting. There shall be no right o reconsideration or administrative appeal of any decision made by the city council pursuant to this section. All inconsistencies or conflicting provisions of this Resolution are hereby deemed amended as necessary to conform such conflicting or inconsistent provisions with this section. this section shall not be operative in any particular case where tis section onflicts with any preempting state or federal law or judicial decision, but shall be fully operative in all other cases. SECTION 2: The City Manager is instructed to amend such application forms, checklists and other documents as he considers necessary to implement the procedures and requirements. SECTION 3. Effective Date. This Resolution shall be effective immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 21st day of July, 2005, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By Chris Carlson Buydos, Mayor Page 2 or4 ATTEST: Dorothy Chouinard, City Clerk APPROVED AS TO FORM: City Attorney, City of San Jacinto Best, Best & Krieger, LLP Page 3 of 4 CERTIFICATION STATE OF CALIFORNIA ) ) ss. COUNTY OF RIVERSIDE ) I, , City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. of the City Council and that the same has not been amended or repealed. DATED: , 2005. (SEAL) City Clerk, City of San Jacinto Page 4 of 4 AGENDA ITEM 1 July 21, 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. 43 (Temecula Valley, LLC — Tract No. 30603) (LLPD No. 2, Annexation No. 43) 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. 43") b. Resolution No. Approving the Engineer's Report for the Annexation of Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 43"). c. Resolution No. Declaring Intention to Annex Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 43"). 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. Approvals City Manager: Finance Director: �j BACKGROUND: In connection with the development of property owned by Temecula Valley, LLC in the City of San Jacinto, County of Riverside (Tract No. 30603), 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 July 21, 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 July 21, 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 July 21, 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 TEMECULA VALLEY, LLC TRACT NO. 30603)TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2) ANNEXATION NO. 43 AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT (LLPD NO. 2 ANNEXATION NO. 43) 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. 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. 30603, in the City of San Jacinto, County of Riverside, and shall be designated "Annexation No. 43 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. 43 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 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 21ST day of July, 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 EXHIBIT A Annexation No. 43 to Landscaping, Lighting and Park District No. 2 Legal Description Assessor Parcel Number: 431-180-018, 431-180-020, 431-180-021, and 431-180-061 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 TEMECULA VALLEY, LLC, TRACT NO. 30603) (LLPD NO. 2, ANNEXATION NO. 43) WHEREAS, on July 21, 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 passage of Resolution No. , are hereby preliminarily approved and confirmed. Page 1 of 2 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. 43 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 21st day of July, 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. 43: CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Preliminary Date: July 21, 2005 Confirmed Date: July 21, 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. 43 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. 43 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 43 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. 43 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. 30603, and is designated as Zone 43. Future annexations will be assigned Zone designations; e.g. Zone 44, Zone 45, Zone 45A, Zone 46, 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 43 Improvements The improvements included in Zone 43 to be installed, operated, serviced, and maintained are street lighting and traffic signals; parkway, park and open space 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. 43 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 43, 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.43 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 (CPI) 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 43 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. 43 is estimated to be $109,212.74. The maximum annual assessment per Assessment Unit (AU—also equivalent to one single-family dwelling unit) for the 2005-2006 fiscal year is $537.99 per lot in Tract Nos. 30306 (203 residential lots). LLPD No. 2-Engineer's Report 3 Annexation No.43 o� RFp BFRED CH ASSOC., IN. s F� fi�or JOHN A. FRIEDRICH, P.E. ASSESSMENT ENGINEER No. C27861 Exp.3/31/06 / / CIVIL �� Date: 7- / -gs" LLPD No.2-Engineer's Report 4 Annexation No.43 APPENDIX EXHIBITS Exhibit "A" - Boundary Map Exhibit "B" - Cost Estimate Exhibit "C" - Assessment Spread EXHIBIT "A" BOUNDARY MAP • LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 ANNEXATION NO. 43 for the CITY OF SAN JACINTO - FISCAL YEAR 2004-2005 I _ ----- - ZONE 4$ — — - - -- - --- ....— - ,:. L LYON AVENUE 'E. 31 - 32 ¢33 $34 8 SS R 36 37 38 39 `40 41 =42 =43 =44 =45 46 =47 =40 "49 = 50 -e 51 1 I Oofrau•oaD NE ? A C i i e i E .. ��c 40-y i--1B--eH-!�Y'-D O�iBdr .lL4L-t1JL LL��4L 1�f t- 1 sz s .nr ENCHANTED - -\_ �� -t'oe I c j- L ��,,,I iwn W € 53 1 1 PROJECT �% I. wwIi��1•-�^in -®^iY•'^'0'-4 e I iwn '■ (. ff `p pp cc c 14 € p116 a 1pi I , SITE f I 1� 2,n9,r • r-""131f130 1129 1128 4127 ■126 i125 ■t24 8723 122 [1271 1 120 119 118 `117 `+•* I Ik 14 ! I I EsPLARYX-% s 26 R I.i�a �I,.06 144 , j ,a.. t 115 41 1 55 1 I • lininr .. dm �r lob 1 EEE132 p133 `134 p135 136 1137 138 138 F140 p1N 142 aayyll o US 96 99 i 114 I� 4 277v II i Y R Y 9 { i Nli r6 J PIK yy 1`•'.�r o 1• li C Ir1 # .F_9LW -Jiff-J`! m.-SF—�_ . 146 R 97 TI t� 26 [[�� - .-- - an• _ _ _ y 100 113 5. I VICINITY YAP i^ ,a,s [I LONOBRANCH 4 ROAD k" 1 1 Iz t• ,5 R1 i3I. ,ss7 __t6� rc `v5 .147 f e-. 101 112 {I =14 58 �, }\ it, 154 �153�152�151 �150;149 ,� I♦.u1 n �� to [f -i 24 eY, 188 165 1^u f 156 aw 9� �� 102 111 � 59 I ; or NLEDsw�.TNE wc no For CITY CLERK s"h or COY v t O ,ws ,,.s y��fuv , uu ,fueR °�UI3 1 Ala a 164 157 MB 4 197 198 8..v i 1 103 11011 1 u x ,rs9 E 186 I. 1�� S164 4 9 RI f. aei622 ¢ iN1k 170 = 163 • i 158 .a.. s • 6 I iip 104 109 kl I€ 61 1. 1 I5I I. I rs ..r. ..s 187 t 196 199 k of I r '� ram w THE OFFICE OF ME COUNTY NUMMI,COUNTY • p CAUFORM,THIS_wY I 2 11s f D I 171 .i 162 .159 C 183 `- s..• F ..s 9 v ., 1 of 105 108 11 I 62r k `° I �M•rnsIOE.suYc2v. r' I 1�,.." .a4P- o . 1 B8 195 200 e 1 R1 "� 84 65 66 _67 68 69 I Its 20 I, 111i 1�2 a a 1�2 BI C' ma> M.P.94 ,u ,.s ,,.v 106 107 +i. 63 k r _ ._.�sa I CRY CLERK (_Z cos ` 161 I`p 160 k' 189 194 kIc 1I C "�� __ . __iL_RB_ILL.-6/L -e 19 173 .� 181 € to �? 201 �� 90 4_ __� _ - __ _ V R.N DRIVE 'vim ' __._........_\� It I. _ 1 °h,..a as a,. 1 pl v Kv 1 �IjR v E ,.v eI nm vo 1 Is-I: wrs I I 10 193 �1��i 2�2 �` ny [ __ ^1 1 I1 �i`Le 'DE ASSESSMENT MASER MP EACR LOT OR PARCEL BM. 18 174 1175. 176 1177 1178_179 180` r5 �@_ E-- �... a B4 83 82 81 80 79 � •_1 h THE oma. 6 SHE ASSESSOR'S PARCEL Kama.as J1 191 192 203 i 1 u8 �_1a,t7 ... ?_... . ASSIGNED BY ME COIN,Or IMMIX ASSESSOR'S MICE. f�f 17 n.11: 240 -0.•'_3Ly_ A,' 1 I:i os ..... HUCKLEBERRY LANE „ __s.a _r 1 85 PARK ' r`° ...I: •Mw - a'•'r -:e.s--�. ,o• •K ,� -a I TE LINES AM OR MC! E LAM ON OR PARCEL R' ' :is LANDMC wIM THE pLE M NE ICE ON THE EEssoR•s 16 - ,..s .ae• I.s .-�.e"'v• Ig B6 p Q�,Ft C ,�;�, ,a;. is COW"wssm�Mani iR NE OFFICE Or ME RRt%OE ���c"'ii` .m v .s E v r 1 I �'i 15 1,14 113 1 12 E C r 11 10 9 8 7 1 6 1 5 4 1 3 g 2 y�1 _ r(°- B 7 R g 1'10-, P I -- 1 1 ;1i 1 1 LE �- um � wm .s •m PINE •AVENUE I —__.. _ 1 �1!•-_.LL-� +_ �i 1 7-9 s7R¢*uoR BOGIE lANOSUFAND ------------------- - 1 " / .mmFort as.RIC*eu»�M.Rr caws., r i TRACT NO. 30603 ' N o ' IISCALE (s FEU I.aa.-MCC 100 R. CITY OF SAN JACINTO LIGHTING,LANDSCAPING AND PARK DISTRICT NO.2 Annexation No.43 (Zone 43) COST ESTIMATE Street Lgals&Traffic Signals Park Maintenance Landscape Maintenance Storm Drain Maint. Graffiti Removal TOTALS Item Quantity Unit Unit Cost Cost/Mo. Cost/Yr. Cost/Mo. Costar. Cost/Mo._ Cost/Yr. Cost/Mo. Cost/Yr. Cost/Mo. Cost/Yr. Per Month Per Year Tract No.30603 (203 Residential Lots) Ctreat l ightts and Traffc S'gnel Street Lights 9,500 lumen(In-tract 8 Pine Ave) 55 Ea. $9.62 /mo S529.10 $6,349.20 $529.10 $6,349.20 Less General Benefit:$9.62/Light x 12 Lights= ($115.44) ($1,385.28 ($115.44) (51,385.28) 22,000 lumen(Esplanade Ave,Lyon Ave&7th St)I 13 Ea. $14.08 /mo $183.04 $2,19648 $183.04 $2,196.48 Less General Benefit:514.08/Light x 5.5 Lights= ($77.44) ($929.28 ($77.44) ($929.28) Traffic Signals-Esplanade Ave©Lyon Ave &Seventh St @ Lyon Ave Maintenance Cost/Signal 2 L.S. $278.67 Imo $557.33 $6,688.00 $557.33 $6,688.00 Energy Cost(555/Sign al/Month) 2 L.S. S55.00 /mo $110.00 $1,320.00 $110.00 51,320.00 Lees General Benefit(60%for"Pass-through' Traffic and 30%for the ran-project segments surrounding the signal=90%)-both signals ($600.60) (57.207.20 ($600.60) ($7,207.20) Note:Assessments for future traffic signals shall not be collected until said signals are installed. Park Maintenance Resurface Tot Lot-3 year intervals 2,827x 1/3 S.F. 50.820 /yr $64.39 $772.71 $64.39 $772 68 Resurface Basketball Court-5 year intervals 7.713 x 1/5 S.F. $3.50 /yr $449.93 $5,399.10 $449.93 $5,399.16 Park Lighting Energy(6-9,500 lumen lights) 6 EA. $9.62 /mo $57.72 $692.64 $57.72 $692.64 Park Equipment Maintenance&Replacement 1 L.S. $750 /yr $62.50 S750.00 $62.50 $750.00 Park Landscaping 137,910 S.F. $0.091 /yr $1,045.82 $12.549.81 $1,045.82 $12,549.81 Open Space Landscaping 23,086 S.F. $0.091 /yr $175.07 $2,100.83 $175.07 $2,100.83 Irrigation Water 160.996 S.F. $0.081 /yr $1,092.09 S13,105.07 I $1,092.09 573,105.07 1 sp,dscane Maintenance Esplande Ave(19'wide) 22,978 S.F. 50.088 /yr $168.51 $2,022.06 $168.51 $2,022.06 Pine Ave(4'wide) 7,281 S.F. $0.088 /yr $53.39 $640.73 $53.39 $640.73 Pine Ave(10'wide) 2,853 S.F. $0.088 /yr $20.92 $251.06' $20.92 S251.06 64 Seventh St(18'wide) 7,5 S.F. $0.088 /yr $55.47 $665.63 I $55.47 $665.63 Lyon Ave(19'wide) 30,111 S.F. 50.088 /yr $220.81 $2.649.77 $220.81 $2,649.77 Irrigation Water 70,787 S.F. 50.081 /yr $480.17 $5,762.06 $480.17 55,762.06 (Storm Drain Maintenance Storm Drains&Catch Basins 20 Man-hr. S50 /mo $1,000.00 $12,000.00 $1,000.00 $12,000.00 Graffiti Removal 1 L.S. $275 Imo $275.00 53,300.00 E275.00 $3,300.00 Subtotal.Maintenance and Servicing $585.99 $7,031.92 $2,947.51 $35,370.16 $999.28 $11,991.32 $1,000.00 $12,000.00 $275.00 $3,300.00 $5,807.78 $69,693.40 Con5ngency(10%) S58.60 S703.19 $294.75 $3,537.02 $99.93 $1,199.13I $100.00 $1,200.00 $27.50 $330.00 $580.78 $6,969.34 TOTAL,Maintenance and Servicing $644.59 $7,735.11 $3,242.26 S38,907.18 $1,099.20 $13,190.45 I $1,100.00 $13,200.00 $302.50 $3,630.00 $6,388.56 $76,662.74 Assessment Engineer 1 L.S. $5.040 /yr $42.38 $508.53 $213.15 $2,557.86 $72.26 $067.17 $72.32 $867.80 $19.89 $238.65 S420.00 $5,040.00 Legal Counsel 1 L.S. $4,770 /yr $40.11 $481.28 $201.74 $2,420.83 $68.39 $820.72 I $68.44 $821.31 $18.82 $225.86 $397.50 $4,770.00 City Administration 1 L.S. $3,975 /yr $33.42 $401.07 $168.11 $2,017.36 $56.99 $683.93I $57.04 $684.43 $15.68 $188.22 S331.25 $3,975.00 City Inspection Costs 1 L.S. $5,665 /yr $72.86 $874.28 $366.47 $4,397.58 $124.24 $1,490.8811 $124.33 $1,491.96 $34.19 $410.29 $722.08 $8,665.00 County Collection Fees 1 L.S. $225 /yr $1.89 $22.70 $9.52 $114.19 $3.23 S38.71 1 $3.23 $38.74 50.89 $10.65 $18.75 $225.00 Miscellaneous 1 L.S. $3,170 /yr $26.65 $319.85 $134.07 $1,608.81 $45.45 S545.42I $45.48 $545.82 $12.51 $150.10 $264.17 $3,170.00 Reserve Fund 1 L.S. $6,705 /yr $56.38 $676.56 $283.57 $3,402.84 $96.14 $1,153.68 1 $96.21 $1,154.52 $26.46 $317.52 $558.75 $6.705.00 TOTAL,Incidental Costs $32,550 /yr $273.69 $3,284.27 $1,376.62A $16,519.46 $466.71 $5.600.51- $467.05 $5,604.58 $128.44 $1,541.29 52,712.50---S32,550.00 1Cordriburinns to the niatdrt Developer $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 S0.00 $0.00 TOTAL AMOUNT TO ASSESSMENT $918.28 $11,019.38 $4,618.89 $55,426.64 $1,565.91 $18,790.97I $1,567.05 $18,804.58 $430.94 $5,171.29: $9,101.06 $109,212.74 Note:Assessments for the maintenance of all interim storm drain facilities shall stop when they are no longer used. I Assessment per Lot= $537.99 1 July 8,2005 B-1 Exhibit"B" 1 CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 43 (Zone 43) ASSESSMENT SPREAD Parcel Proposed Asmt. Storm Dollars Assessment Identification Property Owner Name Land Use Acreage Units Street Lights Park Landscape Drain Graffiti per AU/ per Parcel (Lot Number) Code (acres) (AU) Maint. Maint. Maint. , Removal Parcel($) , ($) I TRACT No. 30603(203 Residential Lots) Lot 1 Temecula Valley, LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 2 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 3 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 4 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 5 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 6 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 7 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 8 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 9 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 10 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 11 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 12 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 13 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 14 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 15 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 16 Temecula Valley, LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 I Lot 17 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 18 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 19 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 20 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 21 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 22 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 Y $25.47 $537.99 $537.99 Lot 23 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 24 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 25 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 26 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 27 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 28 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 29 Temecula Valley,LLC, R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 30 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 1 Lot 31 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 32 Temecula Valley, LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 33 Temecula Valley, LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 34 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 35 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 36 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 37 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 38 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 C-1 Exhibit"C" CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No.43 (Zone 43) ' ASSESSMENT SPREAD Parcel Proposed Asmt. Storm Dollars Assessment Identification Property Owner Name Land Use Acreage Units Street Lights Park Landscape Drain Graffiti per AU/ per Parcel (Lot Number) Code (acres) (AU) Maint. Maint. Maint. Removal Parcel($) ($) Lot 39 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 40 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 41 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 42 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 43 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 44 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 45 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 46 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 47 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 48 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 49 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 50 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 51 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 52 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 53 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 54 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 55 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 56 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 57 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 58 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 59 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 60 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 61 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 62 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 1 Lot 63 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 64 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 65 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 66 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 67 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 68 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 69 Temecula Valley,LLC' R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 70 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 71 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 72 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 73 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 74 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 75 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 76 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 77 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 C-2 Exhibit"C" CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 43 (Zone 43) ASSESSMENT SPREAD Parcel Proposed Asmt. Storm Dollars Assessment Identification Property Owner Name Land Use Acreage Units Street Lights Park Landscape Drain Graffiti per AU/ per Parcel (Lot Number) Code (acres) (AU) _ Maint. Maint. Maint. Removal Parcel($) ($) Lot 78 Temecula Valley, LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 79 Temecula Valley, LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 80 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 81 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 82 Temecula Valley, LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 83 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 84 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 85 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 86 Temecula Valley, LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 87 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 88 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 89 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 90 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 91 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 92 Temecula Valley, LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 93 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 94 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 95 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 96 Temecula Valley, LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 97 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 98 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 99 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 100 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 101 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 102 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 103 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 104 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 105 Temecula Valley, LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 106 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 107 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 108 Temecula Valley, LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 109 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 110 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 111 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 112 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 113 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 114 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 115 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537 99 $537,99 Lot 116 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 C-3 Exhibit "C" CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 43 (Zone 43) ASSESSMENT SPREAD Parcel Proposed Asmt. Storm Dollars Assessment Identification Property Owner Name Land Use Acreage Units Street Lights Park Landscape Drain Graffiti per AU/ per Parcel (Lot Number) Code (acres) (AU) Maint. Maint. Maint. Removal Parcel($) ($) Lot 117 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 118 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 119 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 120 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 121 Temecula Valley, LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 122 Temecula Valley, LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 123 Temecula Valley, LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 124 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 125 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 126 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 127 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 128 Temecula Valley, LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 129 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 130 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 131 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 132 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 133 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 134 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 1 Lot 135 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 136 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 137 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 138 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 139 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 140 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 141 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 142 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 143 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 144 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 145 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 146 Temecula Valley, LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 147 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 148 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 149 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 150 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 151 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 152 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 153 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 154 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 155 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 C-4 Exhibit"C" CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No.43 1 (Zone 43) ASSESSMENT SPREAD Parcel Proposed Asmt. Storm Dollars Assessment Identification Property Owner Name Land Use Acreage Units Street Lights Park Landscape Drain Graffiti per AU/ per Parcel (Lot Number) Code (acres) (AU) Maint. Maint. Maint. Removal Parcel($) ($) . Lot 156 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 157 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 158 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 159 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 160 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 161 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 162 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 163 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 164 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 165 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 166 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 167 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 168 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 169 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 170 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 171 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 172 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 173 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 174 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 175 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 j Lot 176 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 1 Lot 177 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 178 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 179 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 180 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 181 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 182 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 183 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 184 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 185 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 186 Temecula Valley,LLC• R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 187 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 188 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 189 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 190 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 191 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 192 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 193 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 194 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 C-5 Exhibit"C" CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No.43 (Zone 43) ASSESSMENT P S READ Parcel Proposed Asmt. Storm Dollars Assessment Identification Property Owner Name Land Use Acreage Units Street Lights Park Landscape Drain Graffiti per AU/ per Parcel (Lot Number) Code (acres) (AU) Maint. Maint. Maint. Removal Parcel($) ($) ' Lot 195 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 196 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 ' Lot 197 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 198 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 199 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 200 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 201 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 202 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Lot 203 Temecula Valley,LLC R1 n/a 1.00 $54.28 $273.04 $92.57 $92.63 $25.47 $537.99 $537.99 Tract No.30603 1 203.00 $11,019.38 $55,426.64 $18,790.97 $18,804.58 $5,171.29 $109,212.74 t Current Ownership: Temecula Valley, LLC,a Delaware Limited Liability Company Applicant: Lennar Communities Inland Address: 391 North Main Street, Suite 301 Address: Same Corona,CA 92880 Assessor's Parcel Numbers: 431-180-018,431-180-020,431-180-021,and 431-180-061 C-6 Exhibit"C" 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 TEMECULA VALLEY, LLC, TRACT NO. 30603) (LLPD NO. 2, ANNEXATION NO. 43) 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. 43 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. 43 is all the property which is identified by Riverside County Assessor's Parcel Numbers 431-180-018, 431-180-020, 431- 180-021, and 431-180-061. Upon the completion of the annexation proceedings, the property which comprises Annexation No. 43 will be designated as Zone 43 of the District ("Zone 43"). The boundaries of Annexation No. 43 or Zone 43 are further described and shown in the Report. The territory included within Zone 43 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 Improvements, the boundaries of Annexation No. 43 and the Page 3 of 6 assessments which are proposed to be levied on the assessable lots and parcels of property within Zone 43 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. 43 or Zone 43 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. 43 or Zone 43, 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 July 21, 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 No. 43 or Zone 43 to Landscaping, Lighting and Park District Page 4 of 6 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. 43 or Zone 43 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 21 ST day of July, 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 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 TEMECULA VALLEY, LLC, TRACT NO. 30603) TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2) AND LEVYING ASSESSMENTS FOR FISCAL YEAR 2005-06 (LLPD NO. 2, ANNEXATION NO. 43) WHEREAS, on July 21, 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. 43" and "Zone 43," 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. 43 to and Zone 43 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. 43 is described in the Report and includes all of the property located within Tract No. 30603 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. 43, 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. 43 and as contained in the Report, is confirmed. Such annexed territory is designated as Zone 43 of the Assessment District. The territory comprising Annexation No. 43 and Zone 43 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 43 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. 43 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 43 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 43 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 43. 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 21st day of July, 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. 43 in the City, held on July 21, 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 July, 2005 Dorothy L. Chouinard, City Clerk City of San Jacinto Page 5 of 5 07/06/05 14:48 FAX 909 763 3410 HEMET PE CLASSIFIED a 002 I„n ,,ln,•I,gnamn,.,rllgninlnlnimirio,,,,IN„r.N-,namewwwnm1.lrnnm,u,,,nu,n,l.lww,uwm 1l lel.ln itnl lrllrynlnunlmrl d w cr.iro mpieimfn 1011,.r„rrr,,,v,n., n,.,r,,, ,nram,. nr7mr.-wn 1rm nrmi rmning,VW,nMwruw.,wM1 11i • • • • • CILASallFITE'ID''!I ,�� �I r Di, rl;' I I 474 W.Esplanade Ave. j' H •liAtlI,IV'I,IE RT,I SI N I' J' ,I S ', 1III IIII'll l!j l.li ii I' San Jacinto,CA 92583 !PRESS" Printed by:Lombera,Alma 1i11111v1i1111'..,r,." Ad#: 6921639 951-763-3413 ' 1 at:z:4z pm 951-763-3410 Fax 1 • EN 'E _ I RPRISE I day,Jul oe,2005 I':_��__ _-.._...__. ......a...,.......��,.���,.., --._...__......,.,.__..,rvy,._.."...,..��.��.�„��.�.�.�_,.,.I� ....,I,,,,, urwr I n .ITn;i,u,r,hln,l r,u on'Wednesday, ' n",.,,,,,,„„,r,�,,..nu,u„•r,luu,wwuwuu,nuu,Uu,,.,:.,.i,.,uuwwwu,wuur,w.wuw,xn-rr,,wuu,alit,N.,wl.iJlYlw,.mJ,.Iw,whN,Y„IMn,114 W r,uuwruwwuYoulo,r,nu,rums,r,u,n,nwuluuiuinwruviuwiiulw�u--nrwaoluM u' r „nun �I, 1 ,F,On,hlIp0,,ghnn,n,,nn,l,,,;hn,,;,I,i IIIIRO er'ull,mjlannma:rt.:Im7,I ACCOpi]nt,[nfo rrn� tilon ruaini moll llerllllems ii;acio''' • jPih CITY OF III, Ad Copy: Name:' SAN JACINTO,33O al, '•. I � NOTICE OF HEARING anal#�j (951)4$ ON ANNEXATION OF PROPERTY TO Address: 201 MAIN ST LANDSCAPING,LIGHTING AND PARK DISTRICT NO.2 OF THE CITY OF SAN JACINTO(ANNEXATION NO.43) I,i I I AND ASSESSMENTS PROPOSED TO BE LEVIED ON THAT PROPERTY FOR FISCAL YEAR 2005-06 83 .I, NOTICE IS HEREBY GIVEN that al7;00o'clockp•in.on July 21,2005 in the San Jacinto Unified Ct -• - ---• -JA CA , 925 .,,1,cl !I' School DistrictBoard Room of 2045 South San Jacinto Avenue,San Jacinto,California,the City SAN# ,,,, •I, . „r7, ,l.1, Council of the city of San Jacinto('Cltyn)will conduct a public hearing regarding the annexation Ac , of certain property,generohy located on North of Esplanade Avenue between Pine Avenue and 103537 Lyon Avenue.South of Seventh street in the City of San Jacinto,County of Riverside,to Land- Client: soaping,Lighting and Park District No.2(•District')as Annexation No,43 which,if annexed,will , become Zane 43 of the District,and the assessments which am proposed to be levied on parcels Placed'by:' SANDY McKAY , Of properly in Zone 43 for fiscal year 2005-06.According to the CJty's records you are the record owner of a parcel or parcels of property within Zone 43 which is or are sublectto the levy of the (951)487-6779 I proposed assessments,The total emoard of the assessments which are proposed to he levied Fax#:' for tlscaI year 2005-Orion arcelsinZona43is5133r50523.The amount of the annual assessment 'I„ ;,."•1,., ' which Is proposed to be levied on each parcel In Zone 43 is as follows: Trott Number Annual Assessment Amount Per Parcel n.lrl rrnryn 11III,IYIIIIrI111LOW Ad Information �!. Itliilll ' 30603 S657.66 --II'•" • liWU „ pl"I'ism lilt lilrntun,euW;lea Classrficattorr Le gals q..ilia, _ The assessments are proposed to be levied to pay the annual cost of The installation,operation, title I 1 In ,. ,„,. la ' I maintenance and servicing of street lighting-traffic signals:parkway and pork/open space landscaping;park facilities;and drainage facilities(pipe,catch basins,junction structures,and IPublications1 Hemet-San Jacinto Zone I conrecllonS10flOod Control channeh.Also included is graffiti removal,and any other appunenant IINI improvements("Improvements")in the District. , Internet II' ', The total amount of the assessments which ore proposed 10 be levied on parcels of property I , In Zone 43 is equal to the amount of the estimated annual cost of the insldildtiort,operation, 'I maintenance and servicing of the Imsessment which Is provements within Zone 43 far the 2005-06 fiscal ytar.The I amount of the I baled on the basis of the proportionatesppeeclol d benefe it derived ed by the parcel in relationswhip totthe ' ;,', entirety of the costs that ore related to lee intonation,operation,maintenance and servicing of ''I the Improvements for said fiscal year and was determined by dividing the estimated annual Cast by the number of units of benefit within Zone 43.The assessments will be levied on all parcels I;' within Zone 43 so long as such assessments are necessary to pay the annual cost of tho instal- 1 I,,'I lotion,operation,maintenance end servicing Of the Improvements in zone 43. The City Council has determined that the amount of the assessment which will be levied per parcel for each parcel In Zone 43 in future fiscal years may be increased by the percentage in. crease in the Consumer Price index-An Urban Consumers far the Los Angeles-Anchheim• , I•I I Riverside Area provided Mettle amount of the assessment Is not Increased by more than seven ' l: , and ono-half percent Oil%)in any fiscal year and provided Mat the amount of the assessment I ' 'I j :''I to be levied on anyparcel in any fiscal year shall not in oily event exceed the reasonable costs il aF1he proportlonol special benefit conferred on the parcel.Property owners who vote Assess- Ii, silos Batters n support of the levy of the proposed assessment will also be voting in support of .- ..._.,,...' II I T•i, I IIof te.1 ...................... !I, iJ F�'�"i!';1': I'���„^y'` fuM an increase in the ennue amount assessments to be levied In re fiscalyears. Start da 07-09-05 At the conclusion of the public hearing,the City Clear wit tabulate the assessment ballots r submitted.and not withdrawn,in support of or opposition to the levy of the proposed assess- ' Stop'date:. 07-09-05 meats.A majority protest will exist it the assessment ballots submitted,and not withdrawn,in I' opposition to the levy of the proposed assessments exceed the assessment ballots submitted, Insertions:, 2 it and nat withdrawn,In favor of the levy of the proposed assessments,weightin those assessment ':;.:.tit'"'"....j •''I'j'rl';;�1I II which chthassssmentf the ballotrispsubm ed.Iftheresed assessment isamoM�rilypr be Imposed otestagaon the instlth levy of far Ratelcodea' D d .. .. ...... .............._..... ''-. .,.d,r�117r,I,dJ,II,,r1,,,;1 :,,1„, proposedassessments,the property willriot be annexedto the Isilid an the City Council will , LE-City hat levy the proposed assessments on parcels of property within the District, Ad type:: Ad Liner DATED;July 11,2005 f III Dorothy Choulnard ',I i' , 1/,• Alma City CIerR Taken t9 . Lombera, I• I. ..,l„ City of San Jacinto Sized'13x72,960 :;" :, •."..._.. I T/s Bill sized 219.0Ox 5.14 agate lines 1I Ilt1 II Amourlt'duei' :_ .. .. $123.45' j I,}Illl,j!Ii '1'r.1,nw it ,nnu,"„„i„III I..1 0.._. ,,,,, ,,,,,,,,,,,,,,,,,.,",,r/1,rr,,:i,,.,d„e„.i,l,1.,.,.,•I,S,i,'1:I,.I.„"1•1„:„rn,ell • --- Pape 1 -- AGENDA ITEM � 3\ July 21, 2005 TO: The Honorable Mayor and City Council FROM: City Attorney SUBJECT: Development Agreement RECOMMENDATION: Consider, read title and by motion adopted by majority vote, waive further reading and introduce Ordinance No. 05-28, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF SAN JACINTO AND SHEA HOMES" BACKGROUND: The developer, Shea Homes, received approval by the Planning Commission of a development project allowing them construct a residential development project. The developer, upon preparation of grading plans for the development of the previously approved residential project, found that it is more efficient to facilitate grading activities to have all soil in a stockpile on the property. However, stockpiles are currently not a permitted use under city regulations. Therefore, in order the permit the temporary stockpile of clean soil for grading purposes it is necessary to enter into a development agreement. The proposed development agreement has been prepared in accordance with the proposed rules and regulations for the review and processing of development agreement requests in the City. City staff is of the opinion that the proposed development agreement to permit a temporary stockpile use is of major significance to the City of San Jacinto because it sets up a policy and direction for future similar requests. In addition, allowing a stockpile use without adequate provisions for its removal, as those provisions contained in this Development Agreement, could create a major unusual potential impact upon the community. Approvals City Manager: /414 Finance Director: ' R VP U B\SALVAD O R.SALAZAR\697172.1 1 Therefore the City Councils can, in its discretion, review the development agreement without the advise and recommendation from the Planning Commission. As with all development agreements, this development agreement was advertised as a public hearing before the City Council. Therefore, all legal prerequisites have been satisfied. BUDGETARY IMPACT: The execution of this development agreement, as proposed, would benefit the City's general fund since the Development Agreement provides for a mechanism to ensure the stockpile is removed and the city retains a fixed amount for entering into the agreement. ATTACHMENT: ■ Ordinance Adopting a Development Agreement by and between the City of San Jacinto and Shea Homes. RVPUB\SALVADOR.SALAZAR\697172.1 2 STATE OF CALIFORNIA ) ORDINANCE NO. 05-28 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF SAN JACINTO AND SHEA HOMES THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES ORDAIN AS FOLLOWS: Section 1. On June 2, the City Council considered a request by Shea Homes Limited Partnership, a California Limited Partnership ("Shea Homes") to place a temporary stockpile use in conjunction with a previously approved development project Tract Map No. 31886 (the "Property"). Section 2. The City Council upon considering Shea Homes requests determined that in order to approve a temporary stockpile use in conjunction with a previously approved development project required approval of a development agreement. Section 3. Pursuant to the Procedures and Requirements for processing of Development Agreements, the City Council may substitute as the Planning Commission for the review and recommendation for certain Development Agreement requests when the City Council finds and determines that a development agreement will have either major significance, major economic impact on the City or an unusual potential impact upon the community. Section 4. The City Council hereby finds and determines that a development agreement to permit a temporary stockpile use in conjunction with a previously approved residential development project is of major significance as it sets policy and direction for future similar requests. Further, allowing a stockpile without adequate provisions for its removal as those outlined in the Development Agreement could create a major unusual potential impact upon the community. Section 5. City staff has prepared and Shea Homes (the "Developer") has reviewed and has concurred with the terms and conditions of the development agreement as set forth in Exhibit "A", and incorporated herein by this reference with the same force and effect as set forth in full. Section 6. On July 21 , 2005, the City Council conducted a duly noticed public hearing on the Development Agreement at which time all persons wishing to testify in connection with the Development Agreement were heard and the Application was fully examined; and at said public hearing, the City Council found that: Page 1 of 4 A. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan because the General Plan Land Use Element Policy No 12 which encourages homebuilders to suggest innovative housing techniques which meet the City's housing objectives and provide adequate housing in more efficient ways and this Development Agreement will aid in the implementation of this Policy. B. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located because the City Council finds that the stockpile will be for a limited time frame and the soil in it will be use to facilitate the grading and development of the previously approved residential development tract. Therefore, the Development Agreement is compatible with the City's General Plan. C. The Development Agreement is in conformity with public convenience, general welfare and good land use practice as approving the location of a stockpile in the property will facilitate the development of a previously approved residential development project on the property. D. The Development Agreement will be beneficial to the health, safety and general welfare as it sets forth mechanisms to provide the removal of the stockpile in a timely fashion, as well as facilitate the construction of public improvements, services and public safety facilities. E. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values as it aids in the development of the previously approved residential development plan, which has been found by the Planning Commission to be consistent with the City's general plan. Section 7. Based on the findings contained in this Ordinance, the City Council hereby adopts the Development Agreement attached hereto as Exhibit "A" and incorporated by reference herein. Section 8. This Ordinance shall take effect 30 days after its final passage. Section 9. The City Council hereby finds that the adoption of the Development Agreement will not have a significant effect on the environment because all of the procedures of the California Environmental Quality Act have been met with respect to the Development Agreement in that the stockpile activity is covered by the general Page 2 of 4 rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. In this Development Agreement, it can be seen with certainty that there is no possibility that the Stockpile activity in question may have a significant effect on the environment, therefore, this activity is not subject to CEQA. Section 10. The City Clerk shall certify the adoption of this ordinance and cause the same to be published in the County of Riverside, State of California. Introduced at a regular meeting of the City Council on the 21st day of July, 2005. APPROVED, PASSED, and ADOPTED at Regular Meeting of the San Jacinto City Council on the day of , 2005. Ayes: Nays: Absent: Abstain: City of San Jacinto by Chris Carlson Buydos, Mayor ATTEST: Dorothy L. Chouinard, City Clerk Page 3 of 4 EXHIBIT "A" DEVELOPMENT AGREEMENT Page 4 of 4 JI Recorded at request of: ) Clerk, CITY Council ) CITY of San Jacinto ) ) When recorded return to: ) CITY of San Jacinto ) 201 East Main Street ) San Jacinto, CA 92583 ) Attention: CITY Clerk ) ) Exempt from Filing Fees, Government Code Section 6103 DEVELOPMENT AGREEMENT NO. [ ] A DEVELOPMENT AGREEMENT BETWEEN CITY OF SAN JACINTO and SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, RVPUB\SALV ADOR.SALAZAR\694113.1 DEVELOPMENT AGREEMENT NO. [ 1 This Development Agreement(hereinafter"Agreement")is entered into as of this day of July, 2005 by and between the CITY of San Jacinto, California (hereinafter "CITY"), and Shea Homes Limited Partnership, A California Limited Partnership (hereinafter "DEVELOPER/OWNER"): RECITALS WHEREAS,CITY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property,pursuant to Section 65864, et seq. of the Government Code; and WHEREAS, DEVELOPER/OWNER has requested CITY to enter into a development agreement and proceedings have been taken in accordance with the rules and regulations of CITY; and WHEREAS,by electing to enter into this Agreement,CITY shall bind future CITY Councils of CITY by the obligations specified herein and limit the future exercise of certain governmental and proprietary powers of CITY; and WHEREAS,the terms and conditions of this Agreement have undergone extensive review by CITY and the CITY Council and have been found to be fair,just and reasonable; and WHEREAS, the best interests of the citizens of the CITY of San Jacinto and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS, DEVELOPER/OWNER is the owner of certain real property(the"Property") located at within the CITY,as more particularly shown and described on the site map attached hereto as Exhibit"A" and incorporated herein by this reference ; and WHEREAS,DEVELOPER/OWNER received approval from the CITY to construct a single family residential project (the "Development Project") on the Property. As part of development activities, however, DEVELOPER/OWNER proposes to stockpile approximately 500,000 cubic yards (the "Stockpile") of dirt on a temporary basis in order to facilitate the development of the Project under Tract Map No. 31886. WHEREAS, stockpile is not a permitted use under current CITY regulations; WHEREAS, approval of this Agreement and other ministerial permits would permit the developer to stockpile dirt on the Property on a temporary basis; -1- RVPUBUSB\694113.1 WHEREAS,the intent of this Agreement is to allow the developer to temporarily Stockpile suitable fill material for future use in conjunction with the Project. WHEREAS,the temporary Stockpile permitted hereby shall not be used to permit earth fill to be temporarily stored for resale purposes; and WHEREAS, DEVELOPER/OWNER proposes to locate the Stockpile in the area more particularly shown on the site map attached hereto as Exhibit"B"; and WHEREAS DEVELOPER/OWNER proposes to store suitable fill dirt in the Stockpile for a maximum period of 18(eighteen)months following the Effective Date. DEVELOPER/OWNER has made this request because it desires to import dirt to the Property and it is more efficient to have all dirt on-site to develop the subsequent phases of the Project; and WHEREAS CITY recognizes that DEVELOPER/OWNER is requesting to stockpile the dirt in order to more efficiently develop the approved Project; and WHEREAS CITY wishes to enter into this Development Agreement in order to ensure the maintenance of the Stockpile in CITY for the term of this Agreement and the ability of DEVELOPER/OWNER to return the Property to its original condition and not become a liability or a nuisance to CITY. In addition, CITY is concerned with the impacts the Stockpile may have to adjoining properties. Therefore,DEVELOPER/OWNER must address,in a report to be submitted to the CITY for their review and approval, the following: Dust Control Measures, Temporary Landscaping, Delivery Trucks To And From The Site, Erosion Control Measures Aesthetic Appearance Of The Stockpile, And Long Term Impact To The CITY. WHEREAS,all of the procedures of the California Environmental Quality Act have been met with respect to the Project and the Agreement in that the stockpile activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. In this Agreement it can be seen with certainty that there is no possibility that the Stockpile activity in question may have a significant effect on the environment, therefore, this activity is not subject to CEQA; and WHEREAS, this Agreement and the Stockpile are consistent with the San Jacinto General Plan and any Specific Plan applicable thereto; and -2- RVPUBUSB\694113.1 WHEREAS, all actions taken and approvals given by CITY have been duly taken or approved in accordance with all applicable legal requirements for notice,public hearings,findings, votes, and other procedural matters; and WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly storage of dirt as permitted under the Stockpile, and generally serve the purposes for which development agreements under Section 65864, et seq. of the Government Code are intended; and WHEREAS, DEVELOPER/OWNER has incurred and will in the future incur substantial costs in order to assure development of the Project in accordance with this Agreement; and COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. DEFINITIONS AND EXHIBITS. 1.1 Definitions. The following terms when used in this Agreement shall be defined as follows: 1.1.1 "Agreement" means this Development Agreement. 1.1.2 "CITY"means the CITY of San Jacinto,a political subdivision of the State of California. 1.1.3 "City Council"means the duly elected City Council of the City of San Jacinto. 1.1.4 "Commencement Date" means the date the Term of this Agreement commences. 1.1.5 "Development Agreement Policies" means those certain development agreement policies approved by CITY pursuant to Resolution No. 2358, adopted on July 18,2002. 1.1.6 "Effective Date"means the date the ordinance approving and authorizing this Agreement becomes effective. 1.1.7 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of CITY governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision -3- RVPUBUSB\694113.1 requirements,the maximum height and size of proposed buildings,the provisions for reservation or dedication of land for public purposes,and the design,improvement and construction standards and specifications applicable to the development of the Property. "Land Use Regulations" does not include any CITY ordinance, resolution, code, rule,regulation or official policy, governing: (A) the conduct of businesses, professions, and occupations; (b) taxes (special or general) and assessments; (c) the control and abatement of nuisances; (d) the granting of encroachment permits and the conveyance of rights and interests that provide for the use of or the entry upon public property; (e) the exercise of the power of eminent domain. 1.1.9 " DEVELOPER/OWNER" means the persons and entities listed as DEVELOPER/OWNER on page 1 of this Agreement and their successors in interest to all or any part of the Property. 1.1.10 "Mortgagee"means a mortgagee of a mortgage,a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns. 1.1.11 "Project" means the development of the Property as previously approved by the CITY. 1.1.12 "Property" means the real property described on Exhibit "A" and shown on Exhibit "B" to this Agreement. 1.1.13 "Reservation of Rights" means the rights and authority excepted from the assurances and rights provided to DEVELOPER/OWNER under this Agreement and reserved to CITY under Section 3.3 of this Agreement. 1.1.14 "Stockpile"means the plan for the location of the Stockpile on the Property as set forth in Exhibit "B". 1.1.15 "Stockpile Plan"means the information and plan for the location and amount of dirt to be stockpiled on the Property as set forth in Exhibit "C". 1.2 Exhibits. The following documents are attached to,and by this reference made a part of, this Agreement: -4- RVPUBUSB\694113.1 Exhibit "A" -- Legal Description and Map of the Property. Exhibit "B"—Location of Stockpile. Exhibit "C" — Stockpile Plan. 2. GENERAL PROVISIONS. 2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Stockpiling on the Property is hereby authorized and shall be carried out in accordance with the terms of the Development Plan and this Agreement. 2.2 Ownership of Property. DEVELOPER/OWNER represents and covenants that it is the owner of the fee simple title to,or has an equitable interest in,the Property or a portion thereof. 2.3 Term. The term of this Agreement shall commence on the date(the"Commencement Date")that is the Effective Date,and shall continue for a period of 18 (eighteen)months thereafter, unless this term is modified or extended pursuant to the provisions of this Agreement. Thereafter, the DEVELOPER/OWNER shall have no vested right under this Agreement. 2.4 Assignment. 2.4.1 Right to Assign. DEVELOPER/OWNER shall have the right to sell,transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq.) to any person, partnership,joint venture,firm or corporation at any time during the Term of this Agreement;provided,however,that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent: (a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale,transfer or assignment of all or a part of the Property. (b) Concurrent with any such sale, transfer or assignment, DEVELOPER/OWNER shall notify CITY,in writing,of such sale,transfer or assignment and shall provide CITY with an executed agreement("Assignment and Assumption Agreement"), in a form reasonably acceptable to CITY,by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties, obligations, agreements, covenants, waivers of DEVELOPER/OWNER under this Agreement, including, without limitation, the covenant not to sue and waiver contained in Section 7.5 hereof. Any sale, transfer or assignment not made in strict compliance with the -5- RVPUBVSB\694113.1 foregoing conditions shall constitute a default by DEVELOPER/OWNER under this Agreement. Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser,transferee or assignee,but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed. 2.4.2 Release of Transferring Owner. Notwithstanding any sale, transfer or assignment, a transferring DEVELOPER/OWNER shall continue to be obligated under this Agreement with respect to the transferred Property or any transferred portion thereof, unless such transferring DEVELOPER/OWNER is given a release in writing by CITY, which release shall be provided by CITY upon the full satisfaction by such transferring DEVELOPER/OWNER of the following conditions: (a) DEVELOPER/OWNER no longer has a legal or equitable interest in all or any part of the Property subject to the transfer. (b) DEVELOPER/OWNER is not then in default under this Agreement. (c) DEVELOPER/OWNER has provided CITY with the notice and executed agreement required under Paragraph (b) of Subsection 2.4.1 above. (d) The purchaser, transferee or assignee provides CITY with security equivalent to any security previously provided by DEVELOPER/OWNER to secure performance of its obligations hereunder. 2.4.3 Subsequent Assignment. Any subsequent sale,transfer or assignment after an initial sale,transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section. 2.4.4 Sale to Public and Completion of Construction.The provisions of Subsection 2.4.1 shall not apply to the sale or lease(for a period longer than one year) of any lot that has been finally subdivided and is individually(and not in"bulk")sold or leased to a member of the public or other ultimate user. This Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: (a) The lot has been finally subdivided and individually (and not in "bulk")sold or leased(for a period longer than one year)to a member of the public or other ultimate user; and, (b) A certificate of occupancy has been issued for a building on the lot, and the fees for such lot set forth in this Agreement have been paid. -6- RVPUBUSB\694113.1 2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by written consent of all parties in the manner provided for in Government Code Section 65868 and Article 5 of the Development Agreement Policies. This provision shall not limit any remedy of CITY or DEVELOPER/OWNER as provided by this Agreement. 2.6 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: (a) Expiration of the stated Term of this Agreement as set forth in Section 2.3. (b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement. (c) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement. (d) Completion of the Project and removal of the Stockpile in accordance with the terms of this Agreement including issuance of all required occupancy permits and acceptance by CITY or applicable public agency of all required dedications. (e) Termination of this Agreement based on any default of DEVELOPER/OWNER and following the termination proceedings required by Articles 7 and 8 of the Development Agreement Policies. Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement,no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement that has occurred prior to such termination or with respect to any obligations that are specifically set forth as surviving this Agreement. Upon such termination, any development impact fee or deposit paid by DEVELOPER/OWNER to CITY in connection with this agreement shall be retained by CITY. 2.7 Notices . (a) As used in this Agreement, "notice" includes, but is not limited to, the communication of notice,request,demand,approval,statement,report,acceptance,consent,waiver, appointment or other communication required or permitted hereunder. (b) All notices shall be in writing and shall be considered given either: (i)when delivered in person to the recipient named below; or(ii)on the date of delivery shown on the return -7- RVPUBUSB\694113.1 receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below;or(iii)on the date of delivery shown in the records of the telegraph company after transmission by telegraph to the recipient named below. All notices shall be addressed as follows: If to CITY: City of San Jacinto 201 East Main Street San Jacinto, CA 92583 Attn: City Manager Telephone: (951) 487-7342 Facsimile: (951) 654-3728 Copy to: Best, Best & Krieger, LLP 3750 University Ave. Riverside, CA 92501 Attn: City Attorney Telephone: (951) 686-1450 Facsimile: (951) 686-3083 If to DEVELOPER/OWNER: Shea Homes Limited Partnership, a California Limited Partnership 655 Brea Canyon Road Walnut, CA 91789 Attn: Helen Gula Telephone: (951) 739-9717 (c) Either party may,by notice given at any time,require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 3. STOCKPILE ON THE PROPERTY. 3.1 Rights to Stockpile. Subject to the terms of this Agreement including the Reservation of Rights,DEVELOPER/OWNER shall have a vested right to Stockpile dirt in accordance with,and to the extent of, this Agreement. 3.2 Effect of Agreement on CITY's Land Use Regulations. Except as otherwise provided under the terms of this Agreement including the Reservation of Rights, the rules, regulations and -8- RVPUBUSB\694113.1 official policies governing permitted uses of the Property,whether in effect on the Effective Date or subsequently adopted. In connection with any subsequently imposed Development Approvals and except as specifically provided otherwise herein, CITY may exercise its discretion in accordance with the CITY's Land Use Regulations then in effect,as provided by this Agreement,including,but not limited to, the Reservation of Rights. CITY shall accept for processing, review and action all applications for subsequent development approvals,and such applications shall be processed in the same manner and the CITY shall exercise its discretion,when required or authorized to do so,to the same extent it would otherwise be entitled in the absence of this Agreement. 3.3 Reservation of Rights. 3.3.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following regulations shall apply to the Stockpile of dirt as permitted on the Property: (a) Processing fees and charges of every kind and nature imposed by CITY to cover the estimated actual costs to CITY of processing applications for Stockpile approval or for monitoring compliance with any approvals granted or issued for the Stockpile. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings,records,hearings,reports,recommendations, appeals and any other matter of procedure. (c) Regulations,policies and rules governing engineering and construction standards and specifications applicable to public and private improvements, including, without limitation,all uniform codes adopted by the CITY and any local amendments to those codes adopted by the CITY,including,without limitation,the CITY's Building Code,Plumbing Code,Mechanical Code, Electrical Code, Fire Code and Grading Code. (d) Regulations that may be in material conflict with this Agreement but that are reasonably necessary to protect the residents of the project or the immediate community from a condition perilous to their health or safety. To the extent possible, any such regulations shall be applied and construed so as to provide DEVELOPER/OWNER with the rights and assurances provided under this Agreement. (e) Regulations that are not in material conflict with this Agreement or the Development Plan. Any regulation, whether adopted by initiative or otherwise,limiting the rate or timing of development of the Property shall be deemed to materially conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (f) Regulations that are in material conflict with the Stockpile Plan; provided DEVELOPER/OWNER has given written consent to the application of such regulations to development of that Property in which the DEVELOPER/OWNER has a legal or equitable interest. -9- RVPUBUSB\694113.1 (g) Regulations that impose, levy, alter or amend fees, charges in accordance with Government Code Section 66000 et seq.", or Land Use Regulations relating to consumers or end users, including, without limitation, trash can placement, service charges and limitations on vehicle parking. (h) Regulations imposed by other public agencies although enforced or collected by CITY. 3.3.2 Subsequent Development Approvals. This Agreement shall not prevent CITY,in acting on subsequent development approvals and to the same extent it would otherwise be authorized to do so absent this Agreement, from applying subsequently adopted or amended Land Use Regulations that do not materially conflict with this Agreement. 3.3.3 Modification or Suspension by State or Federal Law. In the event that State, County or Federal laws or regulations,enacted after the Effective Date of this Agreement,prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations;provided,however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 3.3.4 Intent. The parties acknowledge and agree that CITY is restricted in its authority to limit certain aspects of its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its police power that cannot be or are not expressly so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such power and authority that cannot be or is not by this Agreement's express terms so restricted. 3.4 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of CITY possess authority to regulate aspects of the Stockpile on the Property separately from or jointly with CITY and this Agreement does not limit the authority of such other public agencies. Further,Developer agrees that the stockpiling may be subject to other state and federal regulations such as the NPDES, and that this Agreement is not authorizing the Developer to stockpile in violation of other applicable regulations. Developer shall be solely responsible for complying with any and all such applicable regulations 4. PUBLIC BENEFITS. 4.1 Intent. The parties acknowledge and agree that allowing stockpiling on the Property will facilitate development and result in substantial public benefit by increasing development in the CITY. Further , DEVELOPER/OWNER and CITY acknowledge and agree that this Agreement confers substantial private benefits on DEVELOPER/OWNER that should be balanced by -10- RVPUBUSB\694113.1 commensurate public benefits. Accordingly,the parties intend to provide consideration to the public to balance the private benefits conferred on DEVELOPER/OWNER by providing more fully for the satisfaction of the public needs resulting from the Project. 4.2 Stockpile Development Fee. 4.2.1 Amount of Fee. the DEVELOPER/OWNER has agreed to deposit with the CITY cash,cashier's check or money order(or other immediately available funds)an amount of two hundred and fifty thousand dollars ($250,000.00). The CITY will retain said $250,000.00 cash deposit if a grading permit for the Property is not issued within 16-months from the approval of a stockpile permit. Additionally,DEVELOPER/OWNER shall upon issuance of a grading permit and the posting of required bonds, $150,000.00 of the$250,000.00 shall be returned to Developer, and that the balance,$100,000.00,may be retained by the CITY to cover costs associated with the review and approval of the stockpile plan. The payment of the Stockpile Development Fee shall provide no vested right to DEVELOPER/OWNER or any other person to Stockpile on the Property. 4.2.2 Time of Payment. The Stockpile Development Fee shall be paid in accordance with the terms stated under section 4.2.1 4.3 Development Agreement Fee. 4.3.1 Development Agreement Fee. In consideration for the benefits provided in this Agreement and in addition to any other Stockpile Development Fee required to be paid under this Agreement,DEVELOPER/OWNER shall pay to the CITY a Development Agreement Fee. The Development Agreement Fee shall be $100,000 (Note this fee requires the developer to pay only $100,000 whether as part of the Stockpile Development Fee or the Development Agreement Fee). 4.3.2 Time of Payment. The Development Agreement Fee shall be paid upon execution of this agreement. 4.3.3 Other Development Impact Fees. Nothing contained in this Agreement shall be construed as reducing or otherwise limiting DEVELOPER/OWNER obligation to pay any and all other Development Impact Fees imposed by the CITY in accordance with Government Code Section 66000 et seq. 5. REVIEW FOR COMPLIANCE. 5.1 Periodic Review. The CITY shall review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance by DEVELOPER/OWNER with the terms of the Agreement in accordance with Article 6 of the Development Agreement Policies. DEVELOPER/OWNER shall submit an Annual Monitoring Report,in a form acceptable to the CITY Manager,within ten(10)days after written notice from the -11- RVPUBUSB\694113.1 CITY Manager. The Annual Monitoring Report shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the annual review and administration fee shall be set annually by resolution of the CITY Council. 5.2 Special Review. A special review of compliance with this Agreement maybe made either by agreement of the parties or by initiation in one or more of the following ways: (a) Recommendation of the Planning staff; (b) Affirmative vote of at least four(4)members of the Planning Commission; or (c) Affirmative vote of at least three(3) members of the CITY Council. 5.3 Procedure. (a) During either a periodic review or a special review,DEVELOPER/OWNER shall be required to demonstrate good faith compliance with the terms of the Agreement. The burden of proof on this issue shall be on DEVELOPER/OWNER. (b) Upon completion of a periodic review or a special review, the Community Development Director shall submit a report to the Planning Commission setting forth the evidence concerning good faith compliance by DEVELOPER/OWNER with the terms of this Agreement and his or her recommended finding on that issue. The Planning Commission shall consider such report at a public hearing. The CITY Manager shall provide notice to OWNER at least ten(10)days prior to the hearing by the Planning Commission. (c) If the Planning Commission finds and determines on the basis of substantial evidence that DEVELOPER/OWNER has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded. (d) If the Planning Commission finds and determines on the basis of substantial evidence that DEVELOPER/OWNER has not complied in good faith with the terms and conditions of this Agreement, the Commission may recommend to the CITY Council to modify or terminate this Agreement. DEVELOPER/OWNER may appeal a Planning Commission determination pursuant to this Section 5.3(d) pursuant to CITY's rules for consideration of appeals in zoning matters then in effect. Notice of default as provided under Section 6.3 of this Agreement shall be given to DEVELOPER/OWNER prior to or concurrent with proceedings under Section 5.4 and Section 5.5. 5.4 Proceedings Upon Modification or Termination.If,upon a finding under Section 5.3, CITY determines to proceed with modification or termination of this Agreement, CITY shall give written notice to DEVELOPER/OWNER of its intention so to do.The notice shall be given at least -12- RVPUBVSB\694113.1 ten calendar days prior to the scheduled hearing and shall contain: (a) The time and place of the hearing; (b) A statement as to whether or not CITY proposes to terminate or to modify the Agreement; and, (c) Such other information that the CITY considers necessary to inform OWNER of the nature of the proceeding. 5.5 Hearing on Modification or Termination.At the time and place set for the hearing on modification or termination, DEVELOPER/OWNER shall be given an opportunity to be heard. DEVELOPER/OWNER shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on DEVELOPER/OWNER. If the CITY Council finds, based upon substantial evidence, that DEVELOPER/OWNER has not complied in good faith with the terms or conditions of the Agreement, the CITY Council may terminate this Agreement or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the CITY. The decision of the CITY Council shall be final, subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure. 5.6 Certificate of Agreement Compliance. If, at the conclusion of a Periodic or Special Review, DEVELOPER/OWNER is found to be in compliance with this Agreement, CITY shall, upon request by DEVELOPER/OWNER, issue a Certificate of Agreement Compliance ("Certificate")to OWNER stating that after the most recent Periodic or Special Review and based upon the information known or made known to the Community Development Director and CITY Council that(1)this Agreement remains in effect and(2)DEVELOPER/OWNER is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. DEVELOPER/OWNER may record the Certificate with the County Recorder. Whether or not the Certificate is relied upon by assignees or other transferees or DEVELOPER/OWNER, CITY shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review,but was concealed from or otherwise not known to the Community Development Director or CITY Council. 6. DEFAULT AND REMEDIES. 6.1 Remedies in General. It is acknowledged by the parties that CITY would not have entered into this Agreement if it were to be liable in damages under this Agreement,or with respect to this Agreement or the application thereof. In general,each of the parties hereto may pursue any remedy at law or equity available for the -13- RV PUBUSB\694113.1 breach of any provision of this Agreement, except that CITY shall not be liable in damages to DEVELOPER/OWNER,or to any successor in interest of DEVELOPER/OWNER,or to any other person, and DEVELOPER/OWNER covenants not to sue for damages or claim any damages: (a) For any breach of this Agreement or for any cause of action that arises out of this Agreement; or (b) For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement; or (c) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. 6.2 Specific Performance. The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other non-monetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons: (a) Money damages are unavailable against CITY. (b) Due to the size, nature and scope of the Stockpile, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation,DEVELOPER/OWNER may be foreclosed from other choices it may have had to utilize the Property or portions thereof DEVELOPER/OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money that would adequately compensate OWNER for such efforts. 6.3 Termination or Modification of Agreement for Default of DEVELOPER/OWNER. CITY may terminate or modify this Agreement for any failure of OWNER to perform any material duty or obligation of DEVELOPER/OWNER under this Agreement,or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default"); provided, however, CITY may terminate or modify this Agreement pursuant to this Section only after providing written notice to DEVELOPER/OWNER of default setting forth the nature of the default and the actions, if any, required by DEVELOPER/OWNER to cure such default and, where the default can be cured, DEVELOPER/OWNER has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time,has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. 6.4 Termination of Agreement for Default of CITY. DEVELOPER/OWNER may -14- RVPUBUSB\694113.1 terminate this Agreement only in the event of a default by CITY in the performance of a material term of this Agreement and only after providing written notice to CITY of default setting forth the nature of the default and the actions, if any, required by CITY to cure such default and, where the default can be cured,CITY has failed to take such actions and cure such default within 60 days after the effective date of such notice or,in the event that such default cannot be cured within such 60 day period but can be cured within a longer time,has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. 7. LITIGATION. 7.1 General Plan Litigation. CITY has determined that this Agreement is consistent with its General Plan(hereinafter the"General Plan")and that the General Plan meets all requirements of law. CITY shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless DEVELOPER/OWNER, its agents, officers and employees from any claim, action or proceeding against CITY,its agents,officers,or employees to attack,set aside,void,or annul the approval of the General Plan. DEVELOPER/OWNER shall promptly notify CITY of any such claim, action or proceeding,and DEVELOPER/OWNER shall cooperate in the defense. If DEVELOPER/OWNER fails to promptly notify CITY of any such claim,action or proceeding,or if DEVELOPER/OWNER fails to cooperate in the defense, CITY shall not thereafter be responsible to defend, indemnify, or hold harmless DEVELOPER/OWNER. DEVELOPER/OWNER may in its discretion participate in the defense of any such claim, action or proceeding. 7.2 Third Party Litigation Concerning Agreement. DEVELOPER/OWNER shall defend, at its expense,including attorneys'fees,indemnify,and hold harmless CITY,its agents,officers and employees from any claim, action or proceeding against CITY,its agents,officers,or employees to attack,set aside,void,or annul the approval of this Agreement,or the approval of any permit granted pursuant to this Agreement. CITY shall promptly notify DEVELOPER/OWNER of any claim, action,proceeding or determination included within this section 7.2,and CITY shall cooperate in the defense. If CITY fails to promptly notify DEVELOPER/OWNER of any such claim, action, proceeding or determination,or if CITY fails to cooperate in the defense,DEVELOPER/OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may in its discretion participate in the defense of any such claim, action,proceeding or determination. 7.3 Environmental Assurances. DEVELOPER/OWNER shall indemnify and hold CITY, its officers,agents,and employees free and harmless from any liability,based or asserted,upon any act or omission of DEVELOPER/OWNER, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal,state or local law,ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions,and DEVELOPER/OWNER shall defend,at its expense,including attorneys'fees,CITY, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. CITY may in its discretion participate in the defense of any such action. -15- RVPUB\JSB\694113.1 7.4 Reservation of Rights. With respect to Section 7.1 herein,DEVELOPER/OW NER reserves, and with respect to Sections 7.2 and 7.3 herein, CITY reserves, the right to either (1) approve the attorney(s)that the indemnifying party selects,hires or otherwise engages to defend the indemnified party hereunder,which approval shall not be unreasonably withheld,or(2)conduct its own defense;provided,however,that the indemnifying party shall reimburse the indemnified party forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor. 7.5 Challenge to Existing Land Use Approvals. By accepting the benefits of this Agreement, DEVELOPER/OWNER, on behalf of itself and its successors in interest, hereby expressly agrees and covenants not to sue or otherwise challenge any land use approval affecting the Property and in effect as of the Effective Date. Such agreement and covenant includes, without limitation,the covenant against any direct suit by DEVELOPER/OWNER or its successor in interest, or any participation, encouragement or involvement whatsoever that is adverse to CITY by DEVELOPER/OWNER or its successor in interest,other than as part of required response to lawful orders of a court or other body of competent jurisdiction.DEVELOPER/OWNER hereby expressly waives, on behalf of itself and its successors in interest, any claim or challenge to any land use approval affecting the Property and in effect as of the Effective Date. In the event of any breach of the covenant or waiver contained herein,CITY shall,in addition to any other remedies provided for at law or in equity,be entitled to: (a) impose and recover(at any time, including after sale to a member of the public or other ultimate user) from the party breaching such covenant or waiver, the full amount of any fees paid by DEVELOPER/OWNER that the breaching party would have been required to pay in the absence of this Development Agreement; and (b) impose any subsequently adopted land use regulation on those land use approvals for which the breaching party had not,as of the time of such breach,obtained a building permit. DEVELOPER/OWNER hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." By initialing below,DEVELOPER/OWNER hereby waives the provisions of Section 1542 in connection with the matters that are the subject of the foregoing waivers and releases. -16- RVPUBUSB\694113.1 Owner's Initials 7.6 Survival. The provisions of Sections 7.1 through 7.6, inclusive, shall survive the termination of this Agreement. 8. MORTGAGEE PROTECTION. The parties hereto agree that this Agreement shall not prevent or limit DEVELOPER/OWNER, in any manner, at DEVELOPER/OWNER's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage,deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request,from time to time,to meet with DEVELOPER/OWNER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property,or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for giving notices,shall be entitled to receive written notification from CITY of any default by DEVELOPER/OWNER in the performance of DEVELOPER/OWNER's obligations under this Agreement. (c) If CITY timely receives a request from a mortgagee requesting a copy of any notice of default given to DEVELOPER/OWNER under the terms of this Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten(10)days of sending the notice of default to DEVELOPER/OWNER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof,pursuant to foreclosure of the mortgage or deed of trust,or deed in lieu of such foreclosure, shall take the Property,or part thereof,subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of DEVELOPER/OWNER's obligations or other affirmative covenants of DEVELOPER/OWNER hereunder, or to guarantee such performance; provided, -17- RVPUBVSB\694113.1 however,that to the extent that any covenant to be performed by OWNER is a condition precedent to the performance of a covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement. 9. MISCELLANEOUS PROVISIONS. 9.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the Riverside County Recorder by the Clerk of the CITY Council within ten(10)days after the CITY enters into the Agreement,in accordance with Section 65868.5 of the Government Code. If the parties to this Agreement or their successors in interest amend or cancel this Agreement,or if the CITY terminates or modifies this Agreement as provided herein for failure of the DEVELOPER/OWNER to comply in good faith with the terms and conditions of this Agreement, the CITY Clerk shall have notice of such action recorded with the Riverside County Recorder. 9.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly referred to herein. No testimony or evidence of any such representations,understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 9.3 Severability.If any term,provision,covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing,the provision of the Public Benefits set forth in Section 4 of this Agreement,including the payment of the Development Impact Fees set forth therein, are essential elements of this Agreement and CITY would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid,void or unenforceable,this entire Agreement shall be null and void and of no force and effect whatsoever. 9.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 9.5 Section Headings. All section headings and subheadings are inserted for convenience -18- RVPUBUSB\694113.1 only and shall not affect any construction or interpretation of this Agreement. 9.6 Singular and Plural. As used herein, the singular of any word includes the plural. 9.7 Joint and Several Obligations. If at any time during the Term of this Agreement the Property is owned,in whole or in part,by more than one DEVELOPER/OWNER,all obligations of such DEVELOPER/OWNER under this Agreement shall be joint and several,and the default of any such DEVELOPER/OWNER shall be the default of all such DEVELOPER/OWNER. Notwithstanding the foregoing, no DEVELOPER/OWNER of a single lot that has been finally subdivided and sold to such DEVELOPER/OWNER as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as expressly provided for herein. 9.8 Time of Essence. Time is of the essence in the performance of.the provisions of this Agreement as to which time is an element. 9.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 9.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 9.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods,earthquakes,other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control,(including the party's employment force),government regulations,court actions(such as restraining orders or injunctions), or other causes beyond the party's control. If any such events shall occur, the Term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance,provided that the Term of this Agreement shall not be extended under any circumstances for more than five(5) years. 9.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 9.13 Successors in Interest. The burdens of this Agreement shall be binding upon,and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with -19- RVPUBVSB\694113.1 regard to development of the Property: (a)is for the benefit of and is a burden upon every portion of the Property; (b)runs with the Property and each portion thereof; and(c)is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 9.14 Counterparts. This Agreement may be executed by the parties in counterparts,which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 9.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 9.16 Stockpile as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the stockpile on the property is a private undertaking, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms,covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and DEVELOPER/OWNER is that of a government entity permitting the placement of a stockpile subject to the terms and conditions of this Agreement and the owner of such property. 9.17 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time,the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 9.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain. 9.19 Agent for Service of Process. In the event DEVELOPER/OWNER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California,or it is a foreign corporation,then in any such event,DEVELOPER/OWNER shall file with the Community Development Director,upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon -20- RVPUBUSB\694113.1 DEVELOPER/OWNER. If for any reason service of such process upon such agent is not feasible, then in such event DEVELOPER/OWNER may be personally served with such process out of this County and such service shall constitute valid service upon DEVELOPER/OWNER. DEVELOPER/OWNER is amenable to the process so served,submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto.DEVELOPER/OWNER for itself, assigns and successors hereby waives the provisions of the Hague Convention(Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters,20 U.S.T. 361, T.I.A.S. No. 6638). 9.20 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation,partnership or business entity and warrants and represents that he or she/they has/have the authority to bind DEVELOPER/OWNER to the performance of its obligations hereunder. -21- RVPUBVSB\694113.1 IN WITNESS WHEREOF,the parties hereto have executed this Development Agreement on the last day and year set forth below. DEVELOPER/OWNER Shea Homes Limited Partnership, a California limited partnership By: Title: Authorized Agent Dated: By: Title: Authorized Agent Dated: CITY CITY OF SAN JACINTO By: Name: Title: City Manager Dated: APPROVED AS TO LEGAL FORM: BEST BEST & KRIEGER LLP CITY Attorney -22- RVPUBVSB\694113.1 [Signature Page to Development Agreement No. - J -23- RVPUBUSB\694113.1 EXHIBIT "A" LEGAL DESCRIPTION AND MAP OF THE PROPERTY Exhibit A RVPUBUSB\694113.1 EXHIBIT "B" LOCATION OF STOCKPILE ON PROPERTY Exhibit B RVPUBUSB\694113.1 EXHIBIT "C" STOCKPILE PLAN (Location of Stockpile on Property) Exhib' RVPUBUSB\694113.1 AGENDA ITEM 5 / July 21, 2005 TO: Mayor and City Council FROM: Tim Hults, Acting City Manager SUBJECT: Purchase of City Street Lighting System by Southern California Edison RECOMMENDATION: Provide staff with direction. BACKGROUND: Per Council direction, on August 27, 2003, former City Manager Cosentini contacted Robert Lopez, Region Manager for Southern California Edison Company to continue the sale negotiations for the purchase of the City-Owned street lighting system by Southern California Edison. Per Bob Lopez response of June 27, 2005 (see attached), Edison is interested in the City's proposition and is ready to discuss the options with the City for its street lighting system. However, in order to proceed with these negotiations, Edison is requesting a deposit in the amount of $6,340 to complete an inventory of the City's street lighting system. It shall be noted that if the City decides to move forward with the sale, the $6,340 deposit would be applied to the cost of conversion within the purchase agreement. JUSTIFICATION: Follow up on Council direction as it relates to the sale of the City street lighting system to Edison. Approvals City Manager: �� Finance Director: . 1 BUDGETARY IMPACT: If Council wishes to move forward with the sale of its street lighting system to Edison, $6,340 would be required from the City's undesignated general fund to cover the cost of a street lighting inventory required by Edison. ATTACHMENTS: 1 . Follow up — Log No. 86 dated August 27, 2003 2. Response from Southern California Edison dated June 27, 2005 Council Follow-up Page 1 07/12/2005 SUBJECT: Sale of City's Street Lighting System LOG NO.: 86 DATE: August 27, 2003 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Public Works '0( DESCRIPTION: Staff to contact SCE to find out if this agency is still interested in purchasing the street lighting system from the City. Edison wants to wait until April 2004 to see if their finances can do the deal. ACTION/COMMENTS: SUBJECT: Vosburg Litigation LOG NO.: 91 DATE: August 16, 2003 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Ballinger 2005 DESCRIPTION: Staff to gear up the Vosburg litigation and proceed. ACTION/COMMENTS: Pleadings in progress; January 16, 2004—Hearing occurred. Judge gave owner 30-day to provide a plan and financing. Owner has stated he wants to demolish and now he says he wants to rehabilitate the building. We have asked him to produce proof that he can perform. Hearing before judge scheduled for November 17, 2004; Jeff Ballinger to represent the City on this hearing. Doctor Primero wants to rehab building. 1 SOUTHERN CALIFORNIA Robert Lopez EDISON' Region Manager An EDISON INTERNATIONAL,Company RECEIVED June 27, 2005 J U N 3 0 2005 Peter Cosentini, City Manager CITY MANAGER'S OFFICE City of San Jacinto 201 E. Main Street San Jacinto, Ca. 92580 Re: Purchase of Street Lights Mr. Cosentini, Sorry for the delay in responding back to the City of San Jacinto's request for Southern California Edison (SCE)to purchase their city-owned street lights. This has been an active request since 2000, but unfortunately the energy crisis required SCE to pull our offer off the table until we were financially stable again. SCE is still very much interested this proposition and is ready to sit down and discuss the options with the City of San Jacinto at this time. In order to proceed with the city's request, we would need an advance in the amount of$6,340 to complete an inventory of your system. If the city decides to move forward with the sale, this amount would be applied to the cost of conversion within the purchase agreement. If ou have any questions please give me a call at 951-928-8208. Sincere , Robert Lopez Region Manager 26100 Menifee Road Romoland.CA 92585-9752 951-928-8208 Fax 951-928-8308 robert.Iopez@sce.com AGENDA ITEM July 21, 2005 TO: The Honorable City Council ( FROM: Jim Potts, City Treasurer and Bernie Simon, Finance Director Subject: Review of City Investment Policy RECOMMENDATION: By motion, approve revised City Investment Policy and adopt Resolution No. BACKGROUND: The City Council last reviewed its investment policy on April 1, 2004. A City Investment Policy is legally required and gives investment direction to the Treasurer and Staff. The policy cannot be more liberal than that allowed by California Government Code §53600 Et. Seq., however, it can be more restrictive. The changes to the Investment policy would allow the Finance Director and the Treasurer the ability to invest in allowable securities as detailed within guidelines of the investment policy and within durations to not effect cash flow. Additionally, the City's Auditor has recommended specific language be added to the Statement of Investment Policy to clarify the City and California Government code section order regarding conflicts. This language was added in Section X of the Statement of Investment Policy. Also, a change has been made to add roman numerals to the Statement of Investment Policy. The City's Investment Portfolio is increasing in overall dollars significantly enough that the City is leaving investment revenue "on the table". This could be changed without increasing risk by investing in government agencies and for longer durations. All changes to the investment policy are bolded, in italics or have a strikeout through them. Approvals City Manager: tl Finance Director: 1 JUSTIFICATION: Section 53646 of the Government Code of the State of California requires the City to review its investment policy annually and make revisions if necessary. BUDGETARY IMPACT: None. ATTACHMENTS: 1. Resolution No. 2. Exhibit "A" Statement of Investment Policy STATE OF CALIFORNIA) RESOLUTION NO. COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO) A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA, STATEMENT OF INVESTMENT POLICY WHEREAS, Section 53646 of the Government Code of the State of California requires that the Treasurer or Chief Fiscal Officer shall annually render to the legislative body of his/her agency for review and/or amendment, a Statement of Investment Policy; and WHEREAS, any changes to the City's Statement of Investment must be considered in public session of legislative body; and WHEREAS, the City's Statement of Investment Policy has not been reviewed since April 1, 2004. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Jacinto hereby rescinds previous investment policy resolutions and approves the City of San Jacinto Statement of Investment Policy, as attached hereto in Exhibit "A". APPROVED, PASSED and ADOPTED this 21 st day of July 2005, by the following vote: Ayes: Nays: Abstain: Absent: City of San Jacinto Chris Carlson Buydos, Mayor ATTEST: Dorothy L. Chouinard, City Clerk 1 Exhibit "A" CITY OF SAN JACINTO STATEMENT OF INVESTMENT POLICY PURPOSE The purpose of this Policy Statement is to identify policies and procedures to organize and formalize investment related activities. It is intended that this policy statement pertain to all investment activities and all funds under the direct authority of the City of San Jacinto. II OBJECTIVES The objectives of this policy statement are: A. Safety: It is the primary duty and responsibility of the Treasurer to protect, preserve and maintain cash and investments placed in his/her trust on behalf of the citizens of the City of San Jacinto. Investments in marketable securities should be those with low sensitivity to market risk. B. Liquidity: An adequate percentage of the investment portfolio shall be maintained in liquid short-term securities, which can be converted to cash if necessary to meet disbursement requirements of the City. Since all cash requirements cannot be anticipated, investments in securities shall be those with active secondary or resale markets. C. Return on Investment: The investment portfolio shall be designed to attain a market-average rate of return throughout budgetary and economic cycles, taking into account the City's risk constraints. Yields should become a consideration only after the basic requirements of safety and liquidity have been met. III DIVERSIFICATION It is the policy of the City to diversify its investment portfolio. Assets shall be diversified to eliminate the risk of loss resulting from over concentration of assets in a specific maturity, a specific issuer or a specific class of security. In establishing specific diversification strategies, the following general policies shall apply: 2 A. Portfolio Maturities shall be matched versus liabilities to avoid undue concentration to a specific maturity sector. B. Maturities selected shall provide for stability of income and liquidity. IV DELEGATION OF INVESTMENT AUTHORITY Authority to manage the City of San Jacinto's investment program is derived from the City Council. Management responsibility for the investment program is hereby delegated to the City Treasurer and the Finance Director. Level one investments can only be made by joint approval of the City Treasurer and Finance Director. The Finance Director or his designee can make level two investments. Level 1 - Investments Brokered Securities Percentage United States Treasury Bills, Notes and Bonds 0 to 100% Negotiable Certificates of Deposit 0 to 10% Obligations issued by U.S. Government Agencies 0 to 100% Commercial Paper 0 to 15% Medium Term Notes 0 to 20% Repurchase Agreements 0 to 10% Time Deposits 0 to 25% Mutual Funds (Limited to US Treasuries) 0 to 18% Mutual Funds (Limited to US Govt. Sec.) 0 to 18% Other Investment Instruments Percentage United States Treasury Bills, Notes and Bonds-Direct 0 to 100% California Asset Management Program (directed portfolio) (%as per above) Level 2 — Investments Brokered Securities None Other Investment Instruments Money Market Funds (non-brokered) 0 to 20% Local Agency Investment Fund (LAIF) 0 to 90% California Asset Management Trust (CAMP) 0 to 50% Investments may not be made in the following financial instruments: Corporate Stocks Reverse Repurchase Agreements Inverse Floaters Range Notes Mortgage Derived Interest-only Strips Derivatives 3 Treasurer and Finance Director to invest in allowable securities as detailed in investment policy within durations to not effect cash flow. V SAFEKEEPING AND CUSTODY A third party custodian designated by the Treasurer and Finance Director will hold all brokered securities. All transactions entered into shall be conducted on a delivery versus payment basis evidenced by safekeeping receipts. VI USE OF BROKERS AND DEALERS The Treasurer and Finance Director must utilize brokers and dealers of government securities and other investments in making investments. Only brokers/dealers who are licensed and in good standing with the California Department of Securities, the Securities and exchange Commission, the National Association of Securities Dealers or other applicable self-requlatory bodies may be used to provide this service. Before engaging in investment transactions with a broker/dealer, the Treasurer and Finance Director shall receive from the firm a signed form certifying that the individual responsible for the City's with the firm has reviewed the Investment Policy and that the firm agrees to undertake reasonable efforts to prevent imprudent transactions involving the City's funds. VII PRUDENT MAN RULE The City of San Jacinto adheres to the guidance provided by the "prudent investment standard" set down in Government Code Section 53600.3. This section states; "When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency." VIII ETHICS AND CONFLICT OF INTEREST Officers and employees involved in the investment process from personal business activity that could conflict with the proper execution of the investment program, or which could impair their ability to make impartial investment decisions. 4 IX MONTHLY REPORTING The Treasurer shall submit a monthly investment report to the City Council. This report shall describe all investment transactions during the month, as well as all required elements of the monthly report as prescribed below: A. Type of Investment B. Financial institution involved C. Date of maturity D. Amount of deposit or cost of the security E. Current market value of securities with maturity in excess of twelve (12) months F. Rate of interest and yield G. Statement relating the report to the Statement of Investment Policy H. Statement that there are sufficient funds to meet the City's obligations for the next 6 months Amount of accrued interest J. Purchase dates K. Percentage distribution to each investment X GOVERNMENT CODE ORDER The City of San Jacinto and San Jacinto Redevelopment Agency are governed by the California Government Code Section§53600 Et. Seq, and the City's Statement of Investment Policy for all investment activities. If any section of the City's Investment policy conflicts with the Government Code Section, the Government Code Section shall supersede the City's Statement of Investment Policy. Any information not covered by the Statement of Investment Policy is covered in Government Code Section §53600 Et. Seq., and said code section should be referred to. Previous Review Dates November 3, 1993 February 3, 2000, amended April 5, 2001, amended August 1, 2002, reviewed; no changes April 1, 2004, amended 5 AGENDA ITEM July 21, 2005 TO: The Honorable Mayor and Members of the City Council FROM: Mitch Alm, Chief of Police SUBJECT: Proposal to Install a Camera Monitoring System on Main Street RECOMMENDATION: By motion approve and authorize the expenditures, appropriation of $$23,699.75 general fund to install a camera monitoring system on Main Street. The Chief of Police and the Public Safety Sub-Committee recommend this system. BACKGROUND: The use of camera monitoring systems in public areas has been expanding across the United States, including cities within Riverside County. The utilization of electronic and camera systems to enhance law enforcement operations in the public is encouraged. The result of adding video cameras along Main Street will be two-fold; they will act as a deterrent to criminal violations, and assist in investigations if crimes do occur. The City of San Jacinto Public Safety Sub-Committee has requested that a camera monitoring system be installed on Main Street between San Jacinto Blvd. and Jordan Streets. The Police Department recently installed a similar system on the station site. The local vendor to complete the installation was PJU Telecomm, Inc. of Hemet. The entire camera monitoring system would include ten industrial strength cameras, and a sixteen channel digital video recorder. The system is capable of recording ten days of images, and can be remotely accessed with the computer network at the City Hall. BUDGETARY IMPACT: The cost of the camera system is $33,699.75 of which $10,000.00 was already budgeted in FY 2005-06 account #010-3100-431-4045. Approvals City Manager: Finance Director: Page 1 of 2 ATTACHMENTS: 1. Letter from PJU Telecom, Inc. describing project. 2. Proposal from PJU Telecomm, Inc. Page 2 of 2 F_,/ 2005 6:11 PM FROM: Fax Flu Telecomm, Ir,c. TO: 9 654-5600 PAGE: 002 OF 002 PJU Telecomm, Inc. 2491 Grand Teton Ave. Hemet, Ca. 92544 Voice 951-925-9007 Fax 951-765-1749 C . License 833554 6/5/2005 City of San Jacinto Re: Main Street Surveillance System Scope of Project: Provide video surveillance of Main Street from Five Points east to Jordon Ave. Primary coverage to be the intersections of Five Points, Sheriff and Main, Jordon and Main, and sidewalks from Five Points to Jordon. Cameras are to be attached to the following: Virginia Lee — 3 cameras City Hall — 2 cameras Light Standard between 5an Jacinto Ave and Sheriff— 2 cameras Light Standard west of Five Points on Main - 3 cameras Recording Media: A 16 channel digital video recorder shall be installed in City Hall. The digital recorder shall archive approximately 10 days of images before being recorded over. The digital video recorder shall be interfaced into City Hall's computer network for remote viewing. Up to 16 cameras can be attached to the digital video recorder. Aesthetics: Keeping the ascetics of Main Street in mind, PJU Telecomm, Inc. has selected a camera that is small yet offers all the features of an industrial strength camera that is needed for an outdoor environment. The camera measures 11" L x 2.9" W x 2.7" H. Installation: By using existing cabling and wireless technology, no streets or sidewalks will have to be dug up for construction. 1 6/8/2005 6:10 PM FROM: Fax PJU Telecomm, Inc_. TO: 9 654-5600 PAGE: 002 OF 002 ei jp PJU TELECOMM, Inc. Pro oSal 2491 Grand Teton Ave. Hemet, Ca. 92544 IIIIIIIIIII IIIIIIIIIIIII Voice 951-925-9007 Q05060101 Facsimile 951-765-1749 6/1/2005 Ca.License 833554 Since 1985 Printed: 6/8/2005 6:09:22 PM �111111111111111 Proposal Expires. 7/1/2005 Customer: 1621 , , , L.H, City of San Jacinto -Office City of San Jacinto -Office 201 E. Main St. 201 E. Main St. San Jacinto, CA 92583 San Jacinto, CA 92583 USA USA IIIIIIIiiiiiiilikluilluillil Contact Lt. Alm 951-654-7337 Proposed by: Ty Heslep Business: 951-654-7337 Business 2: 951-654-7337 I FAX: 951-654-3728 Mobile: Email: Proposed Work: Item Description Quantity Disc% ,, ... . '. ': `: 'l'otal M5 ML581000E WIRELESS 5.8 GHz TRANS/REC/ANTENNA KIT Each 2 1000' RANGE, WEATHER ENCLOSURE M5 MS581000 WIRELESS 5.8 GHz TRANS/REC/ANTENNA KIT Each 3 1000' RANGE NV NV-214AM VIDEO TRANSCEIVER, TO 750', UTP Each 6 SO CVC-550EX BULLET CAMERA, WEATHERPROOF, AUTO IRIS Each 10 5-50MM DD DS2A16C16 DIGITAL VIDEO REC, 16 CAM MULTI, 160GB Each 1 AX ALTV244 4 CAMERA POWER SUPPLY, 24VAC Each 2 APC BK500 500VA/300 WATT UPS Each 1 TRP ISOBAR ISOBLOK PREMIUM SURGE SUPPRESSOR Each 3 PJU MISC CUSTOMER TO PROVIDE 220 / 110 VAC POWER Each 1 AT REMOTE LOCATIONS EQUIPMENT 1 1 INSTALL KIT 1 1 (T)Labor 1 120 PJU CONDUIT PATHWAY/FACILITIES: ALL PATHWAYS ARE 1 EXISITNG, OR PROVIDED BY OTHERS PJU Telecomm, Inc. CANNOT BE RESPONSIBLE OF EXISTING CONDUIT CONDITIONS. ADDITIONAL CHARGES MAY BE APPLIED. PJU TERMS 1 TERMS: 50% DOWN, BALANCE ON COMPLETION PJU LEASE 1 LEASE AVAILABLE Approved By X * Proposal Total: $33,699.75 Please sign and print your name. *Sales tax not included in Proposal Total. AGENDA ITEM July 21, 2005 TO: The Honorable Mayor and Members of the City Council FROM: Lt. Mitch Alm SUBJECT: Non-compliance with SJMC regarding commercial vehicles parking within the city limits. RECOMMENDATION: The San Jacinto Police Department recommends the implementation of a standardized commercial vehicle enforcement strategy with progressive levels of enforcement actions taken against repeat violators. As an optional part of this program, the purchase of a commercial vehicle "boot"would be necessary. BACKGROUND: Currently the San Jacinto Police Department strategy for commercial vehicle parking violations is to issue a parking citation to the violator's vehicle, post a violation letter that explains the municipal code and hope that the violator pays their fine and complies in the future. The current enforcement strategy has resulted in 100 citations from August 2004 thru March 2005. Analysis revealed that 9% of violators had multiple violations. One vehicle has been cited six times, two vehicles have been cited four times, one vehicle has been cited three times and five vehicles have been cited two times. Objective: Main objective of the creation of a standardized enforcement program is to reduce community complaints and increase compliance by the owners or operators of commercial vehicles. This can be done through progressive enforcement levels for repeat violators of this San Jacinto ordinance. Level 1: Any violator who has been issued one or two commercial parking citations will be expected to pay the fine on their own merit and at the time the citation is issued will receive an information sheet informing them of areas in the city that is currently authorized for short term parking for commercial vehicles. Approvals City Manager: T"b Finance Director: Page 1 of 6 Level 2: If a violator is issued a third or forth citation a violation letter will be mailed to the registered owner of the cited vehicle informing them that their vehicle or trailer has been issued multiple commercial parking citations and additional citations could result in the vehicle being towed. Level 3: If a violator is issued five or more citations their vehicle/trailer will be towed pursuant to the California Vehicle Code section 22651(i)(1) V.C. which states: When any vehicle, other than a rented vehicle, is found upon a highway or any public lands, or is removed pursuant to this code, and it is known that the vehicle has been issued five or more notices of parking violations to which the owner or person in control of the vehicle has not responded within 21 calendar days of notice of citation issuance or citation issuance or 14 calendar days of the mailing of a notice of delinquent parking violation to the agency responsible for processing notices of parking violation or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which no certificate has been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owner's record has not been cleared pursuant to Chapter 6(commencing with Section 41500)of Division 17, the vehicle may be impounded until that person furnishes to the impounding law enforcement agency proof that all parking penalties due for the vehicle have been cleared. Reporting& Tracking Requirements: In order to keep track of the citations and letters a database will be created and utilized by personnel of the Police Department. The citations and letters will be entered, maintained and updated by personnel assigned to the traffic bureau. Tracking will be entered into the database by the following: license plates, vehicle/trailer description, violation location and date. A list of repeat violators will be provided to patrol and code enforcement personnel so that high incident locations and repeat offenders can be readily identified and appropriate enforcement action taken. Vehicle Disabling Issues: The use of a vehicle "boot"poses some logistical and financial issues for the City of San Jacinto. Several Inland Empire cities that use the device were contacted and expressed reservations about it due to potential city liability issues. The primary issue cited was the potentially substantial cargo value contained within commercial trailers and the vehicle being disabled at its present location for potentially an extended period of time. The vehicle could then be targeted by thieves at a substantial monetary loss of cargo. Personnel contacted indicated that some potential city liability could arise from these type incidents. No further details were provided. A second issue raised was the logistical problems caused by the use of this device. Generally commercial vehicle operators arrive in town late in the evening or depart very early in the mornings. In order for the device to be removed, all Page 2 of 6 past due citations must be paid in full to City of San Jacinto. Police Department lobby hours are from 0900-1500 Monday -Thursday and 0900-1200 on Friday. Commercial vehicle operators will be required to wait until the business office opens or some other means of accepting citation payments will have to be created. A third issue is the legal requirement placed upon the City by Vehicle Code Section 22651.7, governing the ability of the City use the "boot". That Code section provides that the City can only boot a vehicle when one of the following two circumstances is present: (1) the vehicle has been issued 4 or more notices of parking violation that are delinquent because the owner or person in charge of the vehicle has not responded to the City within 21 days of the notice of citation issuance or 14 days from the mailing of a notice of delinquent citation; or (2)the vehicle owner has been issued 5 or more notices for failure to pay a fine or failure to appear for the traffic violation Cities contacted have essentially discontinued use of the "boot" due to either one of or a combination of the issues mentioned above. Each city has instead chosen to wait and tow the vehicles when legally permitted by the California Vehicle Code. The City Attorney's assessment of the legal requirements necessary to implement a"boot" system is that, based on the burdensome requirements of the Vehicle Code, the towing option is a more effective and immediately implemented method without the additional expense and requirements associated with the "boot". BUDGETARY IMPACT: Non-"Boot" Option (As proposed)—None. "Boot" Option - The budgetary impact will be minimal with initial equipment and accessory purchase costs estimated at no more than $1500.00. Minimal staff time (Code Enforcement and Police Department) will be required at current number of repeat violators. The long-term revenue projection from increased parking violation collections is also minimal. OPTIONS: 1. Non-"Boot" — San Jacinto Police Department personnel would implement the above standardized enforcement policy and tracking requirements. Any vehicle with five or more unpaid citations would be subjected to towing as permitted by the vehicle code. 2. "Boot" — The purchase of all necessary equipment would be required and the additional requirements imposed by the vehicle code. The parking enforcement tracking Page 3 of 6 requirements would be implemented and personnel training in the use and application of disabling equipment conducted. RECOMMENDATION: The San Jacinto Police Department recommends that the City of San Jacinto adopt the standardized enforcement policy without purchasing the equipment necessary to disable commercial vehicles ("boot"). The decision is based on the low number of repeat offenders that are near the threshold necessary to apply these type devices. In addition, the costs associated with this equipment and the legal requirements necessary for its use currently outweigh the potential gain in compliance with the ordinance. The ability to immediately tow repeat violators when five unpaid citations exist also mitigates the need for a disabling device. ATTACHMENTS: 1. San Jacinto Municipal Code section regarding commercial vehicle parking. 2. California Vehicle Code 22651.7 Page 4 of 6 Attachment #1 SJMC 10.16.210 — Commercial Vehicles A. No commercial vehicle,as defined in subsection(F)(1)of this section,shall be parked in or adjacent to a residential district(as defined under residential zoning laws)on public or private property except for the purpose of loading or unloading. B. No commercial vehicle shall be parked on a public roadway in or adjacent to a commercial district(as defined in commercial zoning laws)expect for the purpose of loading or unloading. C. No commercial vehicle shall be parked on a public roadway in or adjacent to an industrial district(as defined in industrial zoning laws) for more than twenty-four(24)hours. D. No unattached commercial trailer shall be parked on any public roadway except for purposes of loading and unloading property and/or goods. E. Special permission may be granted to exempt commercial vehicle from subsections A,B,and C of this section only under extreme circumstances.This permission may be granted by the chief of police or his designee. Such exemption shall not exceed seventy-two (72)hours in residential areas and one hundred twenty(120)hours in commercial areas. F. A"commercial vehicle"is defined as,but not limited to the following: 1. Any vehicle or combo with a weight of ten thousand (10,000)pounds or more gross weight; 2. Tire size of seventeen(17)inches; 3. Any truck,tractor,or trailer used to transport property or goods; 4. This section does not apply to pickup trucks and/or travel type trailers,horse trailers.(Ord. 1033 $21, 1997) Page 5 of 6 Attachment #2 California Vehicle Code Section 22651.7 "In addition to, or as an alternative to, removal, any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or any regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations, of a jurisdiction in which a vehicle is located may immobilize the vehicle with a device designed and manufactured for the immobilization of vehicles, on a highway or any public lands located within the territorial limits in which the officer or employee may act if the vehicle is found upon a highway or any public lands and it is known to have been issued five or more notices of parking violations which are delinquent because the owner or person in control of the vehicle has not responded to the agency responsible for processing notices of parking violation within 21 calendar days of notice of citation issuance or citation issuance or 14 calendar days of the mailing of a notice of delinquent parking violation, or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which no certificate has been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owner's record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17. The vehicle may be immobilized until that person furnishes to the immobilizing law enforcement agency all of the following: (a) Evidence of his or her identity. (b) An address within this state at which he or she can be located. (c) Satisfactory evidence that the full amount of parking penalties has been deposited for all notices of parking violation issued for the vehicle and any vehicles registered to the registered owner of the immobilized vehicle and that bail has been deposited for all traffic violations of the registered owner that have not been cleared. The requirements in subdivision(c) shall be fully enforced by the immobilizing law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records. A notice of parking violation issued to the vehicle shall be accompanied by a warning that repeated violations may result in the impounding or immobilization of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail, or both, have been deposited that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county in which the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is immobilized. Evidence of current registration shall be produced after a vehicle has been immobilized or, at the discretion of the immobilizing law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person." Page 6 of 6 AGENDA ITEM 6.1 July 21, 2005 TO: The Honorable Mayor and Members of the City Council FROM: Dorothy L. Chouinard, City Clerk SUBJECT: Committee and/or Agency Agendas RECOMMENDATION: Receive and file. BACKGROUND: Information per Council's request. JUSTIFICATION: None BUDGETARY IMPACT: None ATTACHMENTS: Library RCTC RTA VEDC WROG Approvals City Manager: Finance Director: Page 1 of 1 RECEIVED ER'SOF - JUL 1 2 2005 CF RIVERSIDE COUNTY TRANSPORTA TION COMMISSION www.rctc.org AGENDA* *Actions may be taken on any item listed on the agenda 9:00 a.m. Wednesday, July 13, 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. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC COMMENTS (Items not listed on the agenda) 5. APPROVAL OF MINUTES - June 2, 2005 (*Minutes for the June 3, 2005 meeting will be presented at the next meeting.) 6. PUBLIC HEARING - FISCAL YEAR 2005-2006 ALLOCATION OF FUNDING FOR RIVERSIDE COUNTY TRANSIT SERVICES Page 1 O vervie w This item is for the Commission to: 11 Conduct a public hearing at the July 13, 2005 Commission meeting on the proposed Program of Projects; 2) Approve the FY 2005-06 Federal Transit Administration's Section 5307 and 5311 Program of Projects for Riverside County; 3) Direct staff to add projects into the Regional Transportation Improvement Plan; 4) Approve the FY 2005-06 Local Transportation Fund and State Transit Assistance fund allocations for transit; Riverside County Transportation Commission Agenda July 13, 2005 Page 2 5) Adopt Resolution No. 05-01 1 , "Resolution of the Riverside County Transportation Commission to Allocate State Transit Assistance Funds; and, - 6) Direct staff to prioritize analysis and discussion of the disparity between ridership and operating cost at the Transit Policy Committee. 7. 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.) 8. CONSENT CALENDAR - All matters on the Consent Calendar will be approved in a single motion unless a Commissioner(s) requests separate action on specific item(s). Items pulled from the Consent Calendar will be placed for discussion at the end of the agenda. 8A. INTERFUND LOAN ACTIVITY REPORT Page 19 Overview This item is for the Commission to receive and file the Interfund Loan Activity Report for the month ended May 31 , 2005. 8B. ADOPTION OF RESOLUTION NO. 05-010, "A RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION AMENDING AND ADOPTING LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT" Page 21 Overview This item is for the Commission to adopt Resolution No. 05-010, "A Resolution of the Riverside County Transportation Commission Amending and Adopting Local Guidelines for Implementing the California Environmental Quality Act." Riverside County Transportation Commission Agenda July 13, 2005 Page 3 8C. ADOPTION OF ORDINANCE NO. 05-001, "AN ORDINANCE AMENDING THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION ADMINISTRATIVE CODE" Page 59 Overview This item is for the Commission to adopt Ordinance No. 05-001, "An Ordinance Amending the Riverside County Transportation Commission Administrative Code", the policy for handling tort claims. 8D. STIP FUND TRADE FOR CITY OF DESERT HOT SPRINGS - PIERSON ROAD PROJECT Page 71 Overview This item is for the Commission to approve trading State Transportation Improvement Program (STIP) Regional Improvement Program (RIP) funds currently programmed on the Pierson Road rehabilitation and minor widening project with federal Surface Transportation Program (STP) funds in the amount of $627,000. 8E. STATE ROUTE 91 - LA SIERRA AND VAN BUREN INTERCHANGES MEASURE "A" FUNDING Page 73 Overview This item is for the Commission to: 1 ) Approve a FY 2005-06 budget amendment to change the description of the_ $7.6 million of Western County Measure "A" Local Circulation Interchange funds for the SR 91 Van Buren Interchange project to the La Sierra Interchange project; and, 2) Approve the reduction of $7.6 million to the $15.540 million commitment of Western County Measure "A" Local Circulation Interchange funds to the La Sierra Interchange project and make those funds available to the Van Buren Interchange project. Riverside County Transportation Commission Agenda July 13, 2005 Page 4 8F. APPROVE AGREEMENT NO. 06-31-505, AMENDMENT NO. 1 TO AGREEMENT NO. 03-31-061, WITH DMJM + HARRIS FOR CONSTRUCTION MANAGEMENT SERVICES ON THE STATE ROUTE 74 SEGMENT II PROJECT FROM WASSON CANYON TO 7TH STREET Page 76 Overview This item is for the Commission to: 1 ) Approve Agreement No. 06-31-505, Amendment No. 1 to Agreement No. 03-31-061 , with DMJM + Harris for additional construction management services to support construction of the Measure "A" State Route 74 Segment II Project from Wasson Canyon to 7th Street, for an additional base amount of $1 ,025,000 and a total not to exceed agreement amount of $3,525,000; and, 2) Authorize the Chairman, pursuant to Legal Counsel review, to execute the agreement on behalf of the Commission. 8G. APPROVE AGREEMENT NO. 06-33-504, AMENDMENT 5 TO AGREEMENT NO. 02-33-029, WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. FOR FINAL DESIGN OF THE NEW RIVERSIDE-DOWNTOWN METROLINK STATION EAST SIDE PARKING LOT Page 79 Overview This item is for the Commission to: 1) Approve Agreement No. 06-33-504, Amendment 5 to Agreement No. 02-33-029, with Engineering Resources of Southern California, Inc. (ER) for Final Design of the new Riverside-Downtown Metrolink Station East Side Parking Lot for an additional base amount of $275,645 for a total not to exceed agreement value of $897,241 ; and, 2) Authorize the Chairman, pursuant to Legal Counsel review, to execute the agreement on behalf of the Commission. Riverside County Transportation Commission Agenda - July 13, 2005 Page 5 8H. FISCAL YEAR 2005-2006 MEASURE "A" COMMUTER ASSISTANCE BUSPOOL SUBSIDY FUNDING CONTINUATION REQUESTS Page 93 Overview This item is for the Commission to: 1) Authorize payment of $1 ,645/month per buspool for the period July 1 , 2005 to June 30, 2006 to the existing Riverside, Moreno Valley, Corona, and Mira Loma buspools; and, 2) Require subsidy recipients to meet monthly buspool reporting requirements as support documentation to receive payments. 81. MEASURE "A" SPECIALIZED TRANSPORTATION PROGRAM - REQUEST FOR PROPOSAL: NON-EMERGENCY MEDICAL TRANSPORTATION Page 100 Overview 1) Authorize staff to enter into a professional services agreement with A-M-M-A to: a) Develop a Request for Proposal for Non-Emergency Medical Transportation services; b) Provide technical assistance to develop community outreach opportunities; and, c) Review existing Measure "A" specialized transportation programs; 2) Allocate up to $20,000 in Western Riverside Measure "A" Specialized Transportation funds to cover A-M-M-A's services; 3) Amend the Measure "A" Specialized Transit Budget to reflect the allocation of funds; and, 4) Authorize the Chairman, pursuant to Legal Counsel review, to execute the agreement on behalf of the Commission. 8J. FISCAL YEAR 2006-2010 MEASURE "A" FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR LOCAL STREETS AND ROADS Page 112 Overview This item is for the Commission to approve the FY 2006-10 Measure "A" Five-Year Capital Improvement Plans for Local Streets and Roads. Riverside County Transportation Commission Agenda July 13, 2005 Page 6 8K. FISCAL YEAR 2005-2006 SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM FUNDING RECOMMENDATIONS Page 119 Overview This item is for the Commission to approve the FY 2005-06 SB 821 Bicycle and Pedestrian Facilities Program recommended funding. 8L. APPROVE AGREEMENT NO. 06-45-501 FOR ANALOG CELLULAR SERVICE FOR THE CALL BOX PROGRAM Page 127 Overview This item is for the Commission to: 1) Approve Agreement No. 06-45-501 to Cingular Wireless for analog cellular service for the Riverside County Call Box Program in an amount not to exceed S48,000; and, 2) Authorize the Chairman, pursuant to Legal Counsel review, to execute the agreement on behalf of the Commission. 8M. AWARD OF AGREEMENT NO. 06-45-507 FOR ENHANCED ACCESSIBILITY AND "B" AND "C" SITE MITIGATION IMPROVEMENTS FOR THE RIVERSIDE COUNTY CALL BOX PROGRAM Page 129 Overview This item is for the Commission to: 1 ) Award Agreement No. 06-45-507 to Comarco Wireless Technologies, Inc., for enhanced accessibility and "B" and "C" site mitigation improvements to the Riverside County Call Box Program; and, 2) Authorize the Chairman, pursuant to Legal Counsel review, to execute the agreement, on behalf of the Commission. 8N. COMMUTER RAIL PROGRAM UPDATE Page 131 O vervie w This item is for the Commission to receive and file the Commuter Rail Program Update as an information item. Riverside County Transportation Commission Agenda July 13, 2005 Page 7 80. STATE AND FEDERAL LEGISLATIVE UPDATE Page 150 Overview This item is for the Commission to adopt the following bill position and associated policy position: SUPPORT - SB 561 (Runner and Torlakson). 9. PRESENTATION - RIVERSIDE COUNTY INFRASTRUCTURE DESIGN PROGRAM Overview This item is for the Commission to receive a presentation from Bob Johnson, Riverside County Planning Director, on the County's Infrastructure Design Program. 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 meetings/conferences and any other items related to Commission activities. Boards/Committees • 91 Toll Road Advisory Committee • Major Investment Study (MIS) Committee • Mobile Source Review Committee (MSRC) • Regional Transportation Agencies Consortium (RTAC) • SCAG Regional Council • SCAG Transportation and Communications Committee • Southern California Regional Rail Authority (SCRRA) 12. CLOSED SESSION ITEM A. CONFERENCE WITH LEGAL COUNSEL: EXISTING LITIGATION Pursuant to Government Code Section 54956.9 (a) Case No.: RIC 39221 1 B. CONFERENCE WITH LEGAL COUNSEL: ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9 (b) Riverside County Transportation Commission Agenda July 13, 2005 Page 8 C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code Section 54956.8 Item APN Property Owner(s) 317-110-038 1 317-130-034 Gretzel Hunt 317-130-035 2 317-110-034 Mararei/Pinnacle Real Estate 317-110-035 Holdings/RTM, Inc. 279-190-034 279-240-009 282-030-003 3 282-030-004 Gary L. and Patricia McMillan 282-030-005 282-030-006 282-030-008 13. ADJOURNMENT The next Commission meeting is scheduled to be held at 9:00 a.m., Wednesday, September 14, 2005, Board Room, County of Riverside Administrative Center, 4080 Lemon Street, Riverside. AGENDA ITEM 5 MINUTES RIVERSIDE COUNTY TRANSPORTA TION COMMISSION MINUTES Thursday, June 2, 2005* *Minutes for the June 3, 2005 meeting will be presented at the next meeting. 1. CALL TO ORDER The Riverside County Transportation Commission was called to order by Vice Chairman Marion Ashley at 2:40 p.m., in the Flores 4 Conference Room at the La Quinta Resort, 49-499 Eisenhower Drive, La Quinta, California, 92253. 2. PLEDGE OF ALLEGIANCE At this time, Vice Chairman Ashley led the Commission in a flag salute. 3. ROLL CALL Commissioners/Alternates Present Commissioners Absent Marion Ashley Chris Buydos Roger Berg Percy Byrd Daryl Busch Robert Crain Bob Buster Ron Meepos Mary Craton Ronald Oden Juan M. DeLara Roy Wilson* Frank Hall Barbara Hanna Terry Henderson Hank Hohenstein Robin Lowe** Dick Kelly Bob Magee Jeff Miller Ameal Moore Shenna Moqeet Gregory S. Pettis Ron Roberts Kelly Seyarto Jeff Stone John F. Tavaglione Frank West Michael H. Wilson Riverside County Transportation Commission Minutes June 2, 2005 Page 2 *Commissioner Roy Wilson assigned his proxy vote to Vice Chairman Ashley. A letter has been filed with the Clerk of the Commission. **Chair Robin Lowe arrived after the meeting was called to order. 4. PUBLIC COMMENTS There were no requests from the public to speak. 5. APPROVAL OF MINUTES M/S/C (Hohenstein/Busch) to approve of the May 11, 2005 minutes as submitted. 6. PUBLIC HEARING — ADOPTION OF THE PROPOSED BUDGET FISCAL YEAR 2005-2006 Theresia Trevino, Chief Financial Officer, presented the proposed Budget for FY 2005-06, reviewing the following areas: • Revenue Sources • Expenditures • Management Services • Non-Capital Program • Capital Program • Expenditure Breakdown by Function • Measure "A" Administration In response to Commissioner Ameal Moore's request for the status of the Riverside Transit Agency's (RTA) request to continue funding of the taxi demonstration program with Measure "A" Specialized Transit funds instead of Local Transportation Fund (LTF) funds, Eric Haley, Executive Director, responded that the taxi program as a demonstration program has a termination point. The Commission's policy position is if the taxi program is to be continued as part of the regular transit services, it would be funded by LTF. Commissioner Moore stated that part of the rationale for the renewal of Measure "A" related to specialized transit included demonstration projects and therefore the taxi program should be funded with Measure "A" funds. Riverside County Transportation Commission Minutes June 2, 2005 Page 3 Eric Haley clarified for the Commission that the 2002 election for the renewal of Measure "A" is prospective to the 2009 Measure "A" program and therefore recommended not to jump start the 2009 program in terms of subsidizing transit service and rely on the considerable revenue flow from LTF. M/S/C (Tavaglione/Roberts) to adopt the proposed Budget for Fiscal Year 2005-2006. 7. ADDITIONS/REVISIONS Vice Chair Ashley noted revisions to the following Agenda Items: • Agenda Item 8L, "Approval of Memorandum of Understanding No. M- 24-016 Between RCTC, the County of Riverside and the City of Temecula to Fund the Western County Freeway Strategic Study" • Agenda Item 10, "Approval of Agreement No. 05-31-563 Scope of Services and Cost Proposal with Parsons Brinckerhoff Quade & Douglas to Perform the Western County Freeway Strategic Study" • Agenda Item 13, "Presentation - Coachella Valley Association Of Governments" 8. CONSENT CALENDAR M/S/C (Tavaglione/Henderson► to approve the following Consent Calendar items: No - Miller, Agenda Item 8L 8A. ADOPTION OF RESOLUTION NO. 05-008, "RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION ESTABLISHING THE COMMISSION'S APPROPRIATIONS LIMIT FOR FISCAL YEAR 2005-2006" Adopt Resolution No. 05-008, "Resolution of the Riverside County Transportation Commission Establishing the Commission's Appropriations Limit for Fiscal Year 2005-2006". 8B. INTERFUND LOAN ACTIVITY REPORT Receive and file the Interfund Loan Activity Report for the month ended April 30, 2005. Riverside County Transportation ortation Commission Minutes June 2, 2005 Page 4 8C. DISADVANTAGED BUSINESS ENTERPRISE REPORT FOR FISCAL YEAR 2004-2005 AND PROPOSED GOAL FOR FISCAL YEAR 2005- 2006 1) Adopt 6.46% as its DBE overall annual goal for Federal FY 2005-2006 (from October 1 , 2005 to September 30, 2006); 2) Post the proposed DBE overall annual goal for FY 2005-2006 and receive comments for 45 days; and, 3) Submit the amended DBE Program and the Annual Goal to the FTA, FHWA, and Caltrans District 8. 8D. APPROVAL OF AGREEMENT NO. 05-65-557, AMENDMENT NO. 1 TO AGREEMENT NO. 04-65-077, WITH RAHIMIAN MANAGEMENT AND CONSULTING, INC. AND AGREEMENT NO. 05-65-559, AMENDMENT NO. 2 TO THE AGREEMENT NO. 04-65-041, BETWEEN THE ORANGE COUNTY TRANSPORTATION AUTHORITY, RIVERSIDE COUNTY TRANSPORTATION COMMISSION, AND FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY FOR THE RIVERSIDE COUNTY TO ORANGE COUNTY MAJOR INVESTMENT STUDY 1) Approve Agreement No. 05-65-557, Amendment No. 1 to Agreement No. 04-65-077, with Rahimian Management and Consulting, Inc. to increase the services budget by $120,000 to accommodate extra project management work; 2) Approve Agreement No. 05-65-559, Amendment No. 2 to the Agreement No. 04-65-041 , between the Orange County Transportation Authority, Riverside County Transportation Commission, and Foothill/Eastern Transportation Corridor Agency for the Riverside County to Orange County Major Investment Study; and, 3) Authorize the Chair, pursuant to Legal Counsel review, to execute the agreements on behalf of the Commission. 8E. APPROVAL OF MEMORANDUM OF UNDERSTANDING NO. M-24-015 BETWEEN THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY (RCA) AND THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) CONCERNING THE TRANSFER OF FUNDS FROM RCTC TO RCA TO MEET MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) OBLIGATIONS 1) Approve Memorandum of Understanding No. M-24-01 5 between the Western Riverside County Regional Conservation Authority (RCA) and the Riverside County Transportation Commission (RCTC) concerning the transfer of funds from RCTC to RCA to meet MSHCP obligations; and, • Riverside County Transportation ortation Commission Minutes June 2, 2005 Page 5 2) Authorize the Chair, pursuant to Legal Counsel review, to execute the memorandum of understanding on behalf of the Commission. 8F. REQUEST FOR PROPOSAL TO PREPARE THE PLANS, SPECIFICATIONS AND COST ESTIMATE (PS&E) FOR THE INTERSTATE 215/STATE ROUTE 60 HIGH OCCUPANCY VEHICLE (HOV) CONNECTORS 1) Prepare and advertise a Request for Proposal (RFP) for consultant services to prepare the final construction plans, specifications, and cost estimate for the construction of the I- 215/SR 60 HOV Connectors at the East Junction of 1-215 with State Route 60 (East Junction); 2) Form a selection committee, comprised of representatives from RCTC, Caltrans, County of Riverside, City of Riverside and City of Moreno Valley staff, to review, evaluate, interview, and rank all participating consultant teams; and, 3) Authorize staff to negotiate a contract with the top ranked team and bring back a recommendation to the Commission for contract award. 8G. APPROVAL OF FUNDING FOR DESIGN OF THE INTERSTATE 215/ STATE ROUTE 60 HIGH OCCUPANCY VEHICLE (HOV) CONNECTORS Approve $2,213,250 of Congestion Mitigation and Air Quality (CMAQ) program funds and $286,750 of Measure "A" funds as local match for the design phase of the I-215/SR 60 East Junction HOV Connector. 8H. 2005 TRANSPORTATION ENHANCEMENTS CALL FOR PROJECTS 1) Criteria included in the Transportation Enhancements (TE) Call for Projects that will be used for evaluating TE project applications; and, 2) Release of a Call for Projects for TE funds in June 2005. Riverside County Transportation Commission Minutes June 2, 2005 Page 6 81. REPROGRAMMING OF TRAFFIC CONGESTION RELIEF (TCR) PROGRAM FUNDS TO THE STATE ROUTE 91 EASTBOUND AUXILIARY LANE PROJECT FROM STATE ROUTE 241 TO STATE ROUTE 71 1 ) Approve the reprogramming of Traffic Congestion Relief (TCR) Program funds from the SR 91/Green River interchange/auxiliary lane and SR 71/SR 91 connector project to the SR 91 eastbound auxiliary lane project from SR 241 to SR 71 ; and, 2) Authorize the Executive Director, pursuant to Legal Counsel review, to execute the required agreement or concurrence for transfer of TCR funds. 8J. APPROVAL OF AGREEMENT NO. 05-41-556 WITH SAN BERNARDINO ASSOCIATED GOVERNMENTS FOR FISCAL YEAR 2005-2006 COMMUTER ASSISTANCE PROGRAM 1) Approve Agreement No. 05-41-556 with the San Bernardino Associated Governments (SANBAG) as part of the Commission's continuing bi-county partnership with SANBAG to deliver commuter and employer rideshare services for FY 2005- 06; and, 2) Authorize the Chair, pursuant to Legal Counsel review, to execute the agreement on behalf of the Commission. 8K. APPROVAL OF AGREEMENT NO. 05-41-558 WITH THE MOBILE SOURCE AIR POLLUTION REDUCTION REVIEW COMMITTEE 1 ) Approve Agreement No. 05-41-558 with the Mobile Source Air Pollution Reduction Review Committee (MSRC) to develop a transit itinerary software interface for the regional ridematching system in the amount of $225,000; and, 2) Authorize for the Chair, pursuant to Legal Counsel review, to execute the agreement on behalf of the Commission. Riverside County Transportation Commission Minutes June 2, 2005 Page 7 8L. APPROVAL OF MEMORANDUM OF UNDERSTANDING NO. M-24-016 BETWEEN RCTC, THE COUNTY OF RIVERSIDE AND THE CITY OF TEMECULA TO FUND THE WESTERN COUNTY FREEWAY STRATEGIC STUDY 1) Approve Memorandum of Understanding (MOU) No. M-24-016 between RCTC, the County of Riverside and the City of Temecula to fund the Western County Freeway Strategic Study; 2) Authorize the Executive Director or his designee to revise the MOU subject to discussions with the County of Riverside and the City of Temecula in order to expedite the execution of the MOU; and, 3) Authorize the Executive Director, pursuant to Legal Counsel review, to execute the MOU on behalf of the Commission. 8M. FISCAL YEAR 2005-2006 - FY 2007-2008 SHORT RANGE TRANSIT PLANS 1) Review and approve, in concept, the FY 2005-06 - FY 2007-08 Short Range Transit Plans for the cities of Banning, Beaumont (collectively Pass Transit System), Corona, Riverside, Palo Verde Valley Transit Agency, Riverside Transit Agency, SunLine Transit Agency and RCTC's Regional Rail program; and, 2) Review and approve for implementation the Riverside Transit Agency's Taxi Program Coordination/Transition Plan as part of RTA's overall service profile. 8N. PALO VERDE VALLEY - FISCAL YEAR 2005-2006 UNMET TRANSIT NEEDS HEARING AND ADOPTION OF RESOLUTION NO. 05-007, "RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION ADOPTING A FINDING THAT THERE ARE NO UNMET TRANSIT NEEDS THAT ARE REASONABLE TO MEET IN THE PALO VERDE VALLEY AREA." 1) Make a finding that based upon a review of the requests for services received through the "Unmet Transit Needs Hearing" process, review of existing services and proposed improvements to the available services, there are no unmet transit needs which can be reasonably met in the Palo Verde Valley; 2) Reaffirm the Commission's definition of "Unmet Transit Needs" and "Reasonable to Meet" standards; and, Riverside County Transportation Commission Minutes June 2, 2005 Page 8 3) Adopt Resolution No. 05-007, "Resolution of the Riverside County Transportation Commission Adopting a Finding That There are No Unmet Transit Needs That are Reasonable to Meet in the Palo Verde Valley Area." 80. FISCAL YEAR 2005-2006 MINIMUM FARE REVENUE RATIO FOR RIVERSIDE TRANSIT AGENCY AND SUNLINE TRANSIT AGENCY Reaffirm the methodology used to calculate the required farebox recovery ratio and approve the FY 2005-06 minimum fare revenue to operating expense ratio of 17.73% for Riverside Transit Agency and 17.22% for SunLine Transit Agency. 8P. RIVERSIDE TRANSIT AGENCY'S REQUEST TO REVISE FISCAL YEAR 2002-2003 AND FISCAL YEAR 2003-2004 LOCAL TRANSPORTATION FUND CLAIMS FOR OPERATING FUND DEFICIT 1 ) Amend the Riverside Transit Agency's (RTA) Short Range Transit Plans for FY 2002-03 and FY 2003-04 for funding of operating fund deficits in the amounts of $1 ,478,780 and $205,048, respectively, for a total of $1 ,683,828, pending approval by RTA's Board of Directors; and, 2) Disburse $1,683,828 in Local Transportation Funds (LTF) to the RTA from its allocated and unclaimed LTF reserves. 8Q. APPROVAL OF AGREEMENT NO. 05-45-553 WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION FOR FREEWAY SERVICE PATROL SERVICE ON VARIOUS CONSTRUCTION AREAS IN RIVERSIDE COUNTY 1 ) Approve Agreement No. 05-45-553 with the State of California Department of Transportation for Freeway Service Patrol service on various construction areas in Riverside County; and, 2) Authorize the Chairman, pursuant to Legal Counsel review, to execute the agreement on behalf of the Commission. • Riverside County Transportation Commission Minutes June 2, 2005 Page 9 8R. PROPOSED METROLINK BUDGET FOR FISCAL YEAR 2005-2006 1) Adopt the preliminary FY 2005-06 Metrolink Operating and Capital Budget; and, 2) Allocate RCTC's funding commitment to the Southern California Regional Rail Authority (SCRRA) in an amount not to exceed $6,937,200 comprised of $4,686,500 in Local Transportation Fund (LTF) funds for train operations and maintenance-of-way, and $2,250,700 for capital projects to be funded by $1 ,883,500 in FTA Section 5307 funds and $367,200 in LTF funds. 8S. COMMUTER RAIL PROGRAM UPDATE Receive and file the Commuter Rail Program Update as an information item. 8T. STATE AND FEDERAL LEGISLATIVE UPDATE Receive and file the State and Federal Legislative Update as an information item. 9. APPROVAL OF RAIL STATION JOINT DEVELOPMENT GUIDELINES Elizabeth Mahoney, SCRRA Market Development Administrator, presented the proposed Rail Station Joint Development Guidelines highlighting the following areas: • Concepts of Transit Oriented Development and Joint Development • FTA Guidelines and Regulations • State Funding Restrictions • City Zoning and Land Use Designations • Scope and Scale of Joint Development • Potential Development Opportunities for RCTC • Primary Goals, Policies, and Standards for Guidelines Stephanie Wiggins, Rail Department Manager, reviewed the Implementation Process and Procedures. Riverside County Transportation Commission Minutes June 2, 2005 Page 10 Commissioner John Tavaglione recommended preceding the Request for Proposal (RFP) with a Request for Qualifications (RFQ) to ensure receipt of proposal from qualified candidates. He then requested clarification on the deposit fee to which Stephanie Wiggins responded that the deposit fee would be collected at the exclusive negotiating agreement stage and would be used to assist the Commission in evaluating the proposal. She noted that it is a good faith effort and consistent with best practices. Commissioner Bob Buster recommended that the Commission exercise caution in entering the development / redevelopment arena and expressed concern that the grant of authority may put the Commission in conflict with itself due to increased traffic by intensifying uses of RCTC land. He also noted the potential issues that may result from the surrounding neighborhoods. Eric Haley explained that the origin of this effort is due to increasingly refined proposals at some of the Metrolink stations. The purpose of the guidelines is to provide the Commission as tool to systematically address these proposals. He then restated the Commission's partnership commitment with the host jurisdictions. In response to Commissioner Roger Berg's comment regarding expanding the guidelines to address the needs of future stations, Stephanie Wiggins responded that guidelines have been developed to include both current and future stations. To Commissioner Buster's comments, Stephanie Wiggins reiterated the Commission's commitment to work with the local jurisdictions, noting that every central point of a key decision process includes input from the local jurisdiction. Commissioner Jeff Miller requested that the guidelines and implementation process more clearly reflect the inclusion of the local jurisdictions in the decision process. M/S/C (Miller/Hohenstein) to approve the Rail Station Joint Development Guidelines and include a Request for Qualification and the inclusion of local jurisdictions in the process. Riverside County Transportation Commission Minutes June 2, 2005 Page 11 10. APPROVAL OF AGREEMENT NO. 05-31-563 SCOPE OF SERVICES AND COST PROPOSAL WITH PARSONS BRINCKERHOFF QUADE & DOUGLAS TO PERFORM THE WESTERN COUNTY FREEWAY STRATEGIC STUDY Hideo Sugita, Deputy Executive Director, reviewed the scope of services and cost proposal to perform the Western County Freeway Strategic Study. In response to Commissioner Buster's request for clarification of the study area, Hideo Sugita responded that study will assess the current congestion impacts on the existing freeway system that includes State Routes 60 and 91 and Interstates 10, 15 and 215 in Western Riverside County including the eastbound State Route 91 to northbound State Route 71 connector. Commissioner Buster then suggested that Hideo Sugita act as the gatekeeper to ensure outside sources do not interfere with the study. M/S/C (Henderson/Stone) to: 1► Approve Agreement No. 05-31-563 scope of services and cost ($115,000 including contingency) with Parsons Brinckerhoff Quade & Douglas (PBQ&D) to perform the Western County Freeway Strategic Study, subject to the City of Temecula and the County of Riverside agreeing to fund the study; and, 2) Authorize the Executive Director to execute the agreement with PBQ&D to perform the Western County Freeway Study, subject to Recommendation No. 1 and Legal Counsel review. No - Miller 11. ITEMS PULLED FROM CONSENT CALENDAR AGENDA • There were no agenda items pulled from the Consent Calendar. 12. COMMISSIONERS / EXECUTIVE DIRECTOR'S REPORT A. Eric Haley reported: • The CTC will be holding a focus meeting on June 9th regarding Proposition 42 funds. • Anne Mayer, Division Head of Programming and Administration, June 16`h will be in Sacramento for the new allocation formula debate. At this time, Chair Lowe arrived at the meeting. Riverside County Transportation Commission Minutes June 2, 2005 Page 12 13. PRESENTATION - COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS John Wohlmuth, CVAG Executive Director, presented CVAG's Transportation Planning, reviewing the following areas: • Population Growth: Actuals, Projections, and Trends • CVAG Origin - Destination Survey covering household trips, travel times, and top destinations for residents and visitors Allyn Waggle, CVAG Director of Transportation, presented the CVAG Transportation Project Priority Study (TPPS) and TUMF, reviewing the following areas: • TPPS Evaluation, Qualifying, and Bonus Criteria • TPPS Network • TUMF Boundaries and Analysis • Nexus Study • Preliminary Boundary Recommendation John Wohlmuth then reviewed the Southeastern Bypass Study, the South Valley Parkway project, Center for Demographic Research, and the Taxi Regulation Study. Commission Buster requested coordination between CVAG and the Western Riverside Council of Governments (WRCOG) from a traffic analyst, assessment, and legal perspectives to ensure the soundness of both TUMF programs. John Wohlmuth responded that coordination is occurring between the agencies and noted that both agencies utilize Parson Brinckerhoff as the consultant for the TUMF programs. 14. CLOSED SESSION ITEMS A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Section 54956.8 Negotiating Parties: RCTC - Executive Director or Designee Property Owners - See List of Property Owners Item APN Property Owners) 569-020-014 569-020-016 1 569-020-022 Goodhart 569-020-023 569-040-005 569-040-006 Riverside County Transportation Commission Minutes June 2, 2005 Page 13 There was no announcement for the Closed Session item. 15. ADJOURNMENT There being no further business for consideration by the Riverside County Transportation Commission, the meeting adjourned at 4:32 p.m. The Commission meeting will be continued at 8:00 a.m., on Friday, June 3, 2005, at the La Quinta Resort, 49-499 Eisenhower Drive, La Quinta, CA 92253. Respectfully submitted, Naty Kopenhaver Clerk of the Commission I Riverside Transit Agency Riverside Transit Agency Board of Directors Meeting Meeting No. 2005-6A June 23, 2005 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 2. 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. PRESENTATION OF ANNIVERSARY AWARD TO PATTY GOODWIN IN RECOGNITION OF TEN YEARS OF SERVICE MAKE PRESENTATION 6. APPROVAL OF MINUTES — MAY 26, 2005, BOARD MEETING (P. 5) APPROVE 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 (951) 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. RTA BOARD OF DIRECTORS MEETING PAGE 2 June 23, 2005 -EM RECOMMENDATION 7. 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 — May 2005 (P. 11) RECEIVE AND FILE B. Ridership Report — May 2005 (P. 23) RECEIVE AND FILE C. Personnel Report— May 2005 (P. 28) RECEIVE AND FILE D. Transportation Center Report — May 2005 (P. 33) RECEIVE AND FILE E. On-Time Performance Report — May 2005 (P. 38) RECEIVE AND FILE F. Board Administrative Committee Meeting — 5/9/05 Minutes (P. 44) RECEIVE AND FILE G. Board Budget and Finance Committee Meeting — 5/12/05 Minutes (P. 47) RECEIVE AND FILE H. ADA Quarterly Meeting — 5/5/05 Minutes (P. 51) RECEIVE AND FILE I. Agency Credit Card Statement for May (P. 53) RECEIVE AND FILE J. Cash Flow Projections (P. 55) RECEIVE AND FILE Board Budget and Finance Committee Reviewed and Recommended (6/1/05 Meeting) K. Authorization for Travel to Attend the American Public Transportation Association's (APTA) Annual Meeting and EXPO (P. 56) APPROVE Board Budget and Finance Committee Reviewed and Recommended 6/1/05 Meeting) L. Authorization for Travel to Attend the ARM Tech Conference for Risk Retention Pools in Tamaya, New Mexico, July 31 — Aug 3, 2005 (P. 57) APPROVE Board Budget and Finance Committee Reviewed and Recommended (6/1/05 Meeting) RTA BOARD OF DIRECTORS MEETING PAGE 3 JUNE 23, 2005 ,'EM RECOMMENDATION M. Adopt FY 2005/2006 Disadvantaged Business Enterprise (DBE) Goal (P. 59) APPROVE Board Budget and Finance Committee Reviewed and Recommended (6/1/05 Meeting) N. Authorization to Award a Contract to Natural Gas Systems Inc. (NGS), for Preventative Maintenance and Repair Services for the Agency's CNG Fueling Stations in Riverside and Hemet (P. 69) APPROVE Board Budget and Finance Committee Reviewed and Recommended (6/1/05 Meeting) O. Authorization to Award a Contract to Handbill Printers for the Printing of the Agency's Ride Guide and Bus System Maps (P. 71) APPROVE Board Budget and Finance and Board Administrative Committees Reviewed and Recommended (6/1/05 and 6/8/05 Meetings) 8. AUTHORIZATION TO AWARD MULTIPLE, ON-CALL SERVICE CONTRACTS FOR BUS MARKETING, COMMUNITY OUTREACH FOR BUS RAPID TRANSIT INFRASTRUCTURE IMPROVEMENT PROJECT (BRTIIP), WEB-SITE DESIGN AND PRINTING SERVICES (P. 73) APPROVE Board Budget and Finance and Board Administrative Committees Reviewed and Recommended (6/1/05 and 6/8/05 Meetings) 9. REQUEST TO CLOSE PUBLIC HEARING AND ADOPT THE FISCAL YEAR 2006 OPERATING BUDGET, CAPITAL BUDGET, AND SHORT RANGE TRANSIT PLAN (SRTP) (P. 77) CLOSE PUBLIC HEARING ADOPT/APPROVE RTA BOARD OF DIRECTORS MEETING PAGE 4 June 23, 2005 'EM RECOMMENDATION 10. BOARD MEMBER COMMENTS AND REMARKS 11. ANNOUNCEMENTS 12. NEXT MEETING Regular Meeting of the RTA Board of Directors Thursday, July 28, 2005 2:00 p.m. RTA Conference Room 1825 Third Street Riverside, CA 92507-3484 13. ADJOURNMENT VALLEY ECONOMIC DEVELOPMENT CORPORATION HEMET • SAN JACINTO • RIVERSIDE COUNTY BOARD OF DIRECTORS MEETING Tuesday,July 12,2005, 7:45 a.m. Riverside County,Workforce Development Center 1075 N State Street,Hemet,CA AGENDA CALL TO ORDER& INTRODUCTIONS: Chair Gosch APPROVAL OF AGENDA APPROVAL OF MINUTES ACTION ITEMS 1. Diane's Review (5 minute-Executive Session) Eric Gosch DISCUSSION Consider changing future board meetings for 2005 to the first Wednesday of each month. (5 minutes) Eric Gosch EXECUTIVE DIRECTOR'S REPORT (5 minutes) Diane Wirth CORRESPONDENCE (1 minute) Secretary Christie FINANCIAL REPORT (5 minutes) Treasurer Torres COMMITTEE REPORTS 1. Strategic Planning (3 minutes) Tricia Williams 2. ByLaws / VEDC Foundation (10 minutes) Bonnie Wright 3. Marketing (3 minutes)—Ad for Chamber Map Lynda Poggenpohl 4. Membership (3 minutes) Diane Wirth Best, Best & Krieger, Hemet Escrow, VIP Tots, & Maurer Color Graphics 5. E2B2(5 minutes) Phil Pendley 6. Finance (2 minutes) Myrna Torres 7. Nominating — n/a OLD BUSINESS 1. Fundraising: cruise or subcontractor to obtain additional VEDC investors on commission basis (5 minutes) Diane Wirth 2. Update on 1-215 South Corridor Economic Development Summit Eric Gosch Sponsorship — Oct. 7, 2005, $5,000 (3 minutes) NEW BUSINESS 1. Workforce / Commuter Survey—discussion on next steps with the data we now have.(5 minutes) Eric Gosch 2. 25 acre site for Transit Sales International (40 jobs; 2-3,000 sq ft for office space; area for cleanup of buses; balance is open space for storage; access to main highways but does not require direct highway visibility) (10 minutes) Diane Wirth Next meeting: Wednesday, August 3, 2005 at 7:45 a.m. NEW LOCATION: Riverside County, Workforce Dev. Ctr, 1075 N State Street, Hemet, CA ADJOURNMENT Valley Economic Development Corporation 800 E. Florida Ave., Ste A, Hemet, CA 92543 951.652.7688/951.652.7618 (fax)/www.vedc.com VALLEY ECONOMIC DEVELOPMENT CORPORATION HEMET • SAN JACINTO • RIVERSIDE COUNTY BOARD OF DIRECTORS MEETING Tuesday, June 7, 2005, 7:45 a.m. Riverside County, Workforce Development Center 1075 N State Street, Hemet, CA Meeting Minutes Present: A. Hipped, B. Christie, B. Wright, C. Gordon, D. Bender, E. Gosch, J. Tate, M. Castello, M. McIntyre, M. Torres, P. Williams, P. Odencrans, R. Williams, R. Dozier, S. Garrett, D. Baker, D. Wirth Absent: B. Meza, D. Loth, L. Van Arsdale, L. Poggenpohl, M. McKinlay, P. Pendley, R. Ziemer, CALL TO ORDER & INTRODUCTIONS: Chair E Gosch Meeting called to order at 7:50 AMB APPROVAL OF AGENDA— P. Williams / 2nd M McIntyre APPROVAL OF MINUTES — B. Wright/ 2nd M Torres INTRODUCTIONS ACTION ITEMS 1. SWAT team needed to complete VEDC Foundation for 501(c)3 status Bruce Wallis recommends 5 board members (4 from executive board — Chairman, Vice-Chair, Secretary, Treasurer and one at large from board) Bylaws Committee meeting to include going over proposed bylaws for foundation — needed to be complete by June 29, 2005 A Hippert/2nd M Castello 2. Approval of Count of Riverside EDA Agreement— Chair will sign, will also find out what is needed to show support of water museum, Eric will check with Randy Record J Tate / 2nd B Wright DISCUSSION EXECUTIVE DIRECTOR'S REPORT: Diane Wirth + Hemet-Ryan Air Show 6/11/05, Susan will set up at 5:00 am, anyone that is able to work the booth, please let Diane know. Commuter/Workforce Survey is almost complete, to be presented to the board soon, invite all VEDC investors for a lunch or something. Breakfast Series (Roundtable Series)will be held by Patrion Mortgage and City of San Jacinto for the month July 05. Got vacant land report from City of Hemet, R. Dozier to check on status for County's report. 7A workshop to be held the end of Aug., received good feedback Economic Forecast event had 237 in attendance, good response in having students interact with business people, raised 19K, all responses have been positive FACETS 3rd quarter event, more info to follow 4th quarter event could possible be a virtual bus tour of the Valley, M McKinlay has an online system we could use CORRESPONDENCE: Secretary Christie FINANCIAL REPORT: Treasurer Torres— M Mclntryre / 2nd P Williams Fundraising ideas — Updated Investors list went out along with Potential Investors — Investors Grid, please see if anyone on list is someone you know and can make contact with. Goal of finance committee is to increase private funds to 50%, lessening the public funds invested 1. San Jacinto Valley 2005 Economic Forecast— Summary COMMITTEE REPORTS 1. Strategic Planning -Tricia Williams, Chair & Board Liaison — May 10 — see minutes 2. Marketing - Kevin Troutman, Chair/ Lynda Poggenpohl, Board Liaison — OCBJ (1/4 page), updated Folder, Meeting June 27 3. Membership - Barbara Sterk, Chair/ Eric Gosch, Board Liaison — Chair resigned, need to re-evaluate committee's responsibility 4. Workforce Development— Phil Pendley, Chair& Board Liaison —see minutes and list, E2 B 2 5. Finance — Myrna Torres, Chair& Board Liaison — Mike Mclntrye and Mike Costello on this committee also; Budget statement is being broken down more - Diane working with bookkeeper, 20 year anniversary— Fundraising ideas— Cruises for Members —will address further 6. By-Laws —to meet and review foundations and regular by-laws 7. Nominating —to be discussed with by-law committee NEW BUSINESS 1. 1-215 South Corridor Economic Development Summit Sponsorship — Oct. 7, 2005, $5,000 — material previously sent out, Christi Gordon & Diane to speak with TMG about questions presented by board 2. Executive Committee to discuss Diane's Review Next meeting: Tuesday, July 12, 2005 at 7:45 a.m. NEW LOCATION: Riverside County, Workforce Dev. Ctr, 1075 N State Street, Hemet, CA ADJOURNMENT — 9:30 AM Respectfully Submitted Bobbie Christie Secretary Meeting Agendas Page 1 of 2 Western Riverside Council of Governments ,'Ras..» local copilot...Provide :!Iona!«. ,- Pee' n 4080 Lemon Street,3rd Floor,MS 1032 Phone: (!b1)$U-7U5 W R C V G Riverside, CA 92601-367e Fax: (981)787.7991 -tirru ti } s;. ,ees Aden es4• MemberAgencies Etc,,-,,, ;r;<�z are _ Staff Contact L , ;'.-'r ; Meeting Schedules ' ymenttRFQRFPs Contact Us e t .I 4, Executive Committee Agenda (Click on Agenda Item Number to view staff reports) 4 Please note there will be no Executive Committee Meeting for the month of July. Technical Advisory Committee Agenda ,i h4.g1 (Click on Agenda Item Number to view staff reports) ; Please note the next Technical Advisory Committee , ` y' , If 1 Meeting is scheduled for July 21st. . Administration & Finance Committee Agenda Public Works' Technical • Advisory Committee Agenda (Please note location) F...- » r » Planning Directors' Technical , ; »: -'' Advisory Committee Agenda (Please note location) : » : • •: ; General Assembly Agenda t • http://www.wrcog.cog.ca.us/ag.htm 7/13/2005 11141rAt WRCOG Western Riverside Council Of Governments Business Session AGENDA Thursday, June 30, 2005 Approximately: 7:45 — 8:20 P.M. At this time members of the public can address the Executive Committee regarding any items with the subject matter jurisdiction of the Committee 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. Whenever possible,lengthy testimony should be presented to the Committee in writing and only pertinent points presented orally. 1. Minutes from the June 24, 2004 General Assembly meeting Requested Action: 1. Approve minutes. 2. WRCOG Fiscal Year 2005/06 Budget Requested Action: 1. Adopt the Budget for Fiscal Year 2005106. 3. Election of Chair and Vice Chair for Fiscal Year 2005-06 Requested Action: 1. The Executive Committee recommends that Councilmember Jeff Miller, City of Corona, be appointed as WRCOG Executive Committee Chair, and that Supervisor Marion Ashley, County of Riverside, be appointed as WRCOG Executive Committee Vice-Chair for Fiscal Year 2005-06. 4. Presentation of the Norton Younglove Air Quality Award and the Patricia Ann Wilson Outstanding Community Service Award 5. Achieving the Vision --together 6. Thank you to WRCOG Participants 7. Adjourn Business Session