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Agenda - Agenda Packets - Regular Meeting 12/1/2005 (2)
REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM #: ) SUBJECT: "'Pe'-R<- CeAt 1'1 geW DATE: fN FAVOR: NEUTRAL: ❑ IN OPPOSITION: ❑ Name: /2.4t,iA y /? co1� 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. AGENDA REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL DECEMBER 1, 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 Council Reorganization / Mayor and Vice Mayor Selection Special Presentations 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. 2.1 City Manager's monthly report 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.' 3.1 Warrants at 12/01/05 / Approve / Finance Director 3.2 Final Tract Map 32053-1 CNH Homes IV LTD / City Engineer a) Approve final tract map 32053-1 for recordation b) Authorize the Mayor to sign final tract map 32053-1 c) Authorize the City Manager to execute the subdivision agreement City Council Agenda December 1, 2005 Page 2 of 6 d) Authorize the City Clerk to release the final map for recordation 3.3 Final Tract Map 30639 Artisan Trails LLC / City Engineer a) Approve final tract map 32053-1 for recordation b) Authorize the Mayor to sign final tract map 32053-1 c) Authorize the City Manager to execute the subdivision agreement d) Authorize the City Clerk to release the final map for recordation 3.4 Resolution No. / A Resolution to rescind 2. Order of Business, Section 2.1 of the City of San Jacinto City Council Orientation Handbook and adopt a new Section 2.1 / Approve and Adopt / City Clerk 3.5 Resolution No. / A Resolution to close the City's buildings (Community Development, Finance, and Public Works) for employees' annual breakfast and potluck / Approve and Adopt / City Manager 3.6 Reimbursement to Nelson Development LLC for Line C Drainage Easement / Approve and Appropriate $21,874.74 from the City's Flood Control Mitigation Fees for a 32.5 ft strip of land / City Engineer 4. PUBLIC HEARING 4.1 Resolution No. / A Resolution certifying the results of an election adding property commonly known as San Jacinto Z LLC - Tract 28224-1 and 28224-2 into Community Facilities District (CFD) No. 2003-1 — Annexation No. 22) for police and fire services / Approve and Adopt / Special Tax Consultant and City Attorney 4.2 Landscaping, Lighting, and Park District No. 2 (LLPD No. 2) Annexation No. 11 (Empire Homes SJ 137 LP — T30481) / City Attorney a) Resolution No. / A Resolution initiating proceedings for the Annexation of property into LLPD No 2 — Annexation No. 11 / Approve and Adopt b) Resolution No. / A Resolution approving the Engineer's Report for Annexation No. 11 into LLPD No. 2 / Approve and Adopt c) Resolution No. / A Resolution declaring intention to annex property into LLPD No. 2 — Annexation No. 114 / Approve and Adopt City Council Agenda December 1, 2005 Page 3 of 6 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. 30 / Approve and Adopt Resolution No. / A Resolution ordering annexation of territory into LLPD No. 2 and levying assessment - Annexation No. 11 — T30481 4.3 Landscaping, Lighting, and Park District No. 2 (LLPD No. 2) Annexation No. 47 (San Jacinto Z LLC — T28224-1 & 28224-2) / City Attorney a) Resolution No. / A Resolution initiating proceedings for the Annexation of property into LLPD No 2 — Annexation No. 47 / Approve and Adopt b) Resolution No. / A Resolution approving the Engineer's Report for Annexation No. 47 into LLPD No. 2 / Approve and Adopt c) Resolution No. / A Resolution declaring intention to annex property into LLPD No. 2 —Annexation No. 47 / 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. 47 / Approve and Adopt Resolution No. / A Resolution ordering annexation of territory into LLPD No. 2 and levying assessment - Annexation No. 47 — T28224-1 and T28224-2 5. CITY DEPARTMENTS At the end of the scheduled City Department items, anyone wishing to discuss a consent calendar item should come forward upon invitation of the Mayor; state their name, address, and the consent calendar item number. Speakers should limit comments to three (3) minutes. 5.1 Market Assessment and Economic Development Strategies for the Ramona — Sanderson Corridor / Bill Lee of Economic Research Associates (ERA) presenter 5.2 EMWD Interceptor Sewer Presentation / Jeff Wall from EMWD will introduce consultants from Mark Messersmith, Krieger & Stewart to give presentation City Council Agenda December 1, 2005 Page 4 of 6 5.3 Professional Services Agreement with Albert A. Webb and Associates for Master Drainage Plan Update / Authorize consultant and staff to proceed with the study as outlined in the scope of work / City Engineer 5.4 Memorandum of Agreement between the City of San Jacinto and Continental Residential Inc / Approve / City Engineer 5.5 Resolution No. / A Resolution urging the County of Riverside and Riverside County Flood Control and Water Conservation District to implement the San Jacinto River State Two (2) Project / Approve and Adopt / City Manager and City Engineer 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 REAL PROPERTY NEGOTIATORS Pursuant to Government Code section 54956.8 Property: APN 437-045-011 Agency Negotiators: Barry McClellan, City Manager and representative(s) from the City Attorney's Office Negotiating Parties: La Donna R. Davis Under Negotiation: Price and Terms 7.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code section 54956.8 Property: APNs 437-045-014, 437-045-015, and 437-045-021 Agency Negotiators: Barry McClellan, City Manager and representative(s) from the City Attorney's Office Negotiating Parties: Rockne Joe Marley and Patricia Walsh Marley Under Negotiation: Price and Terms 7.3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code section 54956.8 Property: APNs 437-045-005, 437-045-017, and 437-045-018 Agency Negotiators: Barry McClellan, City Manager and representative(s) from the City Attorney's Office Negotiating Parties: Cindy Patricia Fite III City Council Agenda December 1, 2005 Page 5 of 6 Under Negotiation: Price and Terms 7.4 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code section 54956.8 Property: APNs 437-045-016 Agency Negotiators: Barry McClellan, City Manager and representative(s) from the City Attorney's Office Negotiating Parties: Vernon Ringham Under Negotiation: Price and Terms 7.5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code section 54956.8 Property: APNs 437-045-019 Agency Negotiators: Barry McClellan, City Manager and representative(s) from the City Attorney's Office Negotiating Parties: Alice P. Hernandez Under Negotiation: Price and Terms 7.6 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code section 54956.8 Property: APNs 437-045-001 Agency Negotiators: Barry McClellan, City Manager and representative(s) from the City Attorney's Office Negotiating Parties: Efrain J. Lopez Under Negotiation: Price and Terms 7.7 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code section 54956.8 Property: APNs 437-045-009 and 437-045-010 Agency Negotiators: Barry McClellan, City Manager and representative(s) from the City Attorney's Office Negotiating Parties: Tung Thanh Le / Tuyet Hong T. Nguyen Under Negotiation: Price and Terms 8. ADJOURNMENT If you challenge any action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council(c/o the City Clerk) at, or prior to, the public hearing. 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 City Council Agenda December 1, 2005 Page 6 of 6 required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final. It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact City Hall at(951) 537- 6358, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. I, Dorothy G. Chouinard, City Cferkof the City of San Jacinto, do hereby certf5 that I caused to de posted the foregoing agenda this 23"t day of November, 2005 as required by law. Dorothy L. Chouinard, City CCerk -111,4 r" `. ,,..."""„ AN JAC INTO MEMORANDUM TO: The Honorable Mayor and City Council Members FROM: Dorothy L. Chouinard, City Clerk DATE: November 30, 2005 SUBJECT: Addition to 12/1/05 Agenda In light of the fact that we are not going to have a meeting December 15, 2005, and Supervisor Stone would like a response from the City, City Manager McClellan will be asking to add this to tonight's agenda. A vote is required. City Clerk !Ir AGENDA ITEM December 1, 2005 City The Honorable Mayor and Members of the C ty Council FROM: Barry McClellan, City Manager SUBJECT: Request from Board of Supervisors for City Council Appointments to Blue Ribbon Committee to Assess the Need and Feasibility for a Homeless Shelter RECOMMENDATION: By motion, staff recommends that the City Council appoint two councilmembers to serve on the Riverside County Blue Ribbon Committee to determine the need and feasibility of a homeless shelter in the 3rd or 5th supervisorial districts. BACKGROUND: The County of Riverside has been considering the need for a homeless shelter, possibly in the San Jacinto Valley area. The Board of Supervisors took an action (Form 11 attached) to form a Blue Ribbon Committee to 1) identify the current and future unmet needs for homeless shelter services in districts three and five, 2) determine the feasibility of building a new homeless shelter to deal with the region's current and future unmet homeless needs, and 3) present its finding to the Board of Supervisors. The Board appointed the supervisors of the third and fifth districts to the committee and designated two seats on the committee for each city located in the third and fifth districts. Each city is requested to appoint two members and notifythe CountybyDecember 30th. The letter was received by staff after the agenda was published, and staff determined the importance of the issue warranted requesting this item be added to the agenda because of the timing. JUSTIFICATION: The City of San Jacinto clearly needs to be represented on this committee which encompasses two supervisorial districts and which will address an important regional issue. Approvals City Manager: 40M)Finance Director: Page 1 of 2 BUDGETARY IMPACT: There is no fiscal impact anticipated at this time. ATTACHMENTS: 1. Letter from Supervisor Stone. 2. Board of Supervisors Form 11 establishing the committee. Page 2 of 2 Coo of Plinsitur RECFrVED ;:., NOV CITY MANAGER'S OFFICE SUPERVISOR JEFF STONE THIRD DISTRICT November 21, 2005 City of San Jacinto Chris Buydos, Mayor San Jacinto, Ca. 92383 Dear Mayopuydos,. On October 17th, Riverside County Board of Supervisors voted unanimously to form a Blue Ribbon Committee. The sole purpose of this committee is to select a site for our homeless shelter. We have attached the action taken by the Board for your review. The Board of Supervisors' are ready to move forward, and ask for your participation in selecting two individuals to represent your city. Please respond in writing to Lori Stone- Rubin, Legislative Assistant,by December 30, 2005. We look forward to the city's involvement in this issue. Sincerely, • 11 Jeff tone Supervisor, Third District JS:re Attachment DISTRICT OFFICE: MENIFEE 29995 EVANS RoAn, SUITE 103 SUN CITY, CA 92586 RIVERSIDE OFFICE TOLL FREE 1-866-383-2203 HEMET OFFICE 4080 LEMON STREET,5TH FLOOR (951) 301-5414 • FAX: (951) 301-8571 1025 N. STATE STREET RIVERSIDE,CA 92501 HEMET, CA 92543 (951) 955-1030 VERNE LAURITZEN, CHIEF OF STAFF (951) 791-3490 FAx: (951) 955-2194 E-MAn.: district3@rcbos.org FAX: (951) 791-3465 SUBMITTAL TO THE BOARD OF SUPERVISORS Q ct COUNTY OF RIVERSIDE, STATE OF CALIFORNIA FROM: Supervisors Stone & Ashley SUBMITTAL DATE: October 17, 2005 SUBJECT: BLUE RIBBON COMMITTEE TO ASSESS THE NEED FOR AND DETERMINE THE FEASABLITITY OF BUILDING A NEW HOMELESS SHELTER IN THE THIRD OR FIFTH DISTRICT RECOMMENDED MOTION: That the Board of Supervisors: 1. Establish a blue ribbon committee to assess the need for and feasibility of establishing a new homeless shelter in the third or fifth district; 2. Appoint Supervisor Jeff Stone and Supervisor Marion Ashley, or their designees, to serve on the committee; and 3. Designate two seats on the committee for each city located in the third and fifth districts. Each city will choose its own representatives without the need for further Board action. BACKGROUND: The 2004/2005 County of Riverside Homeless Assessment Report published by the Institute for Urban Research and Development indicates that on any given day in Riverside County nearly 5,000 homeless adults and children live on the streets, in emergency shelters or other temporary housing facilities. This number is expected to increase as population grows in the County. The scope of the Blue Ribbon Committee will be to: identify the current and future unmet needs for homeless shelter services in districts three and five; determine the feasibility of building a new homeless shelter to deal with the region's current and future unmet homeless needs; and present its findings to the Board of Supervisors. nett * Je Stone Marion Ashley 1110 District Supervisor Fifth District Supervisor I tiI ✓ MINUTES OF THE BOARD OF SUPERVISORS On motion of Supervisor Ashley, seconded by Supervisor Stone and duly carried by unanimous vote, IT WAS ORDERED that the above matter is approved as recommended, with the inclusion of Supervisor Buster to serve on the committee and 1st District included in recommendation No. 3, and further to locate the facility to serve more than one district and/or one facility in each district. Ayes: Buster, Tavaglione, Stone, Wilson and Ashley Nays: None Nancy Romero Absent: None Cle h 0f1he Board Date: October 25, 2005 _ By• e— xc: Supvs. Stone & Ashley, Comte., CC3(2) Deptit AGENDA ITEM < < December 1, 2005 TO: The Honorable Mayor and CityCouncil Y FROM: Dorothy L. Chouinard, City Clerk SUBJECT: 1. Council Reorganization — Mayor and Vice Mayor Selection 2. Local Appointments List / Agency / Committee / Subcommittee / Appointments RECOMMENDATION: 1. Conduct the annual selection of Mayor and Vice Mayor 2. Review committee lists to prepare to update as needed at the next council meeting. BACKGROUND: Item No. 1 The process for selection is outlined below: 1. The meeting is turned over to the City Clerk. 2. The City Clerk will call for nominations for Mayor. Nominations need not be seconded to be effective. When nominations are sufficient a motion and second should be made to close nominations. 3. The City Clerk will then call for a voice vote (roll call vote by alphabetical order) on each nominee, in alphabetical order. 4. If there is only one nominee, that nominee shall be declared by acclamation and no vote taken. 5. The City Clerk will turn the meeting over to the Mayor. The Mayor then follows the same process outlined above for the selection of Vice Mayor. Approvals City Manager: 1 pr Finance Director: Page 1 of 2 Item No. 2 At the next CityCouncil meeting, staff will bringback the matter of Mayor/Council appointments 9 as representatives to other agencies and City Council committees and subcommittees. See the attached report. The last Local Appointments List (sometimes referred to as The Maddy List') was adopted December 18, 2004. Said report is the most current information. The City Clerk will add or delete committees, as required, prior to the December 6, 2005 agenda deadline. JUSTIFICATION: On October 17, 2002 the City Council adopted Resolution No. 2387 — "The City Council Guidebook." The Rules of Procedure are included in the guidebook and were adopted by the same resolution. BUDGETARY IMPACT: None ATTACHMENTS: • Exhibit A - Local Appointment List (Agency and Committee Appointments) from December 16, 2004 Minutes with addition(s) since adoption Page 2 of 2 Taken from the 12/16/04 Minutes: M/S/C (Ayres / Stubblefield) moved to make the following appointments: Land Use and Development Buydos, Shaw Committee (includes General Plan, Joint Committee with Planning Commissioners for development Issues) CDBG Review Ayres, Shaw Recycling & Refuse Shaw, Ritchie San Jacinto Levees Ayres, Buydos Economic Development Shaw, Buydos (includes staff, covers VEDC) Historic Preservation Stubblefield, Shaw Public Safety (includes Ayres, Stubblefield Riverside County Disaster Committee; and San Jacinto Disaster Ayres, City Manager, Police Response Committee) Chief, Finance Director, Hults Community Development Director, Battalion Fire Chief Chamber Liaison Shaw, City Manager backup Transportation (includes Hwy RTA— Ayres, Stubblefield 79, RCTC & RTA) RCTC — Buydos, Ayres All others — Ayres, Buydos Franchises Ritchie / Stubblefield Tribal Council Issues Buydos / Ritchie WRCOG Stubblefield / Ayres Water (includes Ground Water Buydos, Shaw Association, EMWD Planning Task Force) II Special Events (4th of July Stubblefield, Ritchie Parade, etc LLMD Stubblefield, Shaw Library Ritchie Ramona Pageant Ritchie Motion carried unanimously. Ayes: Ayres, Ritchie, Shaw, Stubblefield, Buydos Nays: None Absent: None Abstain: None Ad Hoc Committees: 1) Interviewers for Estudillo Mansion Committee Applicants / Historic Preservation Committee 2) Interviewers for Planning Commission Applicants / Shaw & Ritchie 3) Task Force for the Homeless / Shaw & City Manager 4) Mobile Home Park / Ayres & Stubblefield Additions , changes , deletions since original adoption 12/16/04 5/19/05 Naming of Community Facilities / Ayres & Ritchie AGENDA ITEM 3.1 December 01, 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 December 01, 2005 BACKGROUND: The following are the warrant and check numbers for this cycle: Warrant/Prepaid#s Cycle Dates Payroll Checks Cycle Date 73172-73388 December 01, 2005 17464-17480 December 01, 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: 12/01/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 73172 11/10/05 Hemet, city of REQUEST 11/2/05 State of the city breakfa 010-1200-412.31-20 10.00 70.00 REQUEST 11/2/05 State of the city breakfa 010-1700-417.31-20 10.00 REQUEST 11/2/05 State of the city breakfa 010-1400-414.31-20 10.00 REQUEST 11/2/05 State of the city breakfa 010-1110-411.31-20 10.00 REQUEST 11/2/05 State of the city breakfa 010-4200-410.31-20 10.00 REQUEST 11/2/05 State of the city breakfa 010-1700-417.31-20 10.00 REQUEST 11/2/05 State of the city breakfa 010-4100-410.31-20 10.00 73175 11/10/05 Albert a. webb associates 05-5487 08/01/05-09/24/05 engrng 039-4155-410.40-01 39,953.28 41,941.28 05-5487 08/28/05-09/24/05 engrng 039-4155-410.40-01 1,988.00 73176 11/10/05 Allen tire company 186200 Auto repair 010-7100-410.33-50 427.77 427.77 73177 11/10/05 American citi corp. 1054 May 2005 car wash fees 010-3300-431.33-50 35.69 45.59 1054 May 2005 car wash fees 010-1200-412.33-50 4.95 1054 May 2005 car wash fees 010-1400-414.33-50 4.95 73178 11/10/05 American rotary broom co., inc. 092614 Supplies 056-4150-410.33-50 357.69 357.69 73179 11/10/05 Applied earthworks inc. 1248-04 09/05 historic strc repor 028-6500-425.40-01 2,744.33 2,744.33 73180 11/10/05 At &t 10/22/05 STMT 10/05 telephone 010-6500-425.35-16 23.92 23.92 73181 11/10/05 B&w pipe &supply 72112 Supplies 010-7100-410.33-30 83.48 83.48 73182 11/10/05 Ballard gas #1159 54550 Propane 010-4150-410.33-30 10.27 10.27 73183 11/10/05 Barrow construction inc. REQUEST 11/2/05 Ramirez-550 w main street 099-9700-470.40-01 20,747.00 20,747.00 73184 11/10/05 Best best& krieger Ilp SEPTEMBER 2005 09/05 legal services 096-1111-411.30-90 4,460.00 62,413.70 SEPTEMBER 2005 09/05 legal services 050-1111-411.30-90 2,848.65 SEPTEMBER 2005 09/05 legal services 010-1111-411.30-90 31,640.38 SEPTEMBER 2005 09/05 legal services 010-1700-417.30-90 14,518.73 SEPTEMBER 2005 09/05 legal servcies 065-0000-201.08-10 4,548.71 SEPTEMBER 2005 09/05 legal services 065-0000-201.08-13 3,145.50 SEPTEMBER 2005 09/05 legal services 033-8850-500.30-91 514.35 SEPTEMBER 2005 09/05 legal services 102-1400-500.30-90 374.08 SEPTEMBER 2005 09/05 legal services 033-8850-500.30-91 363.30 73185 11/10/05 Best best & krieger Ilp REQUEST 11/14/5 Training course 010-1210-412.31-20 200.00 200.00 Page 1 City of San Jacinto Date: 12/01/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 73186 11/10/05 Blue ribbon plumbing 95743 Plumbing repair 010-1400-414.33-10 478.50 478.50 73187 11/10/05 Boot barn IVC001169 Leach boot purchase 010-4150-410.21-35 150.00 150.00 73188 11/10/05 Brinks home security STMT 10/24/05 10/22/05-11/21/05 alarm 010-6500-425.34-05 34.99 34.99 73189 11/10/05 C.s. legacy construction, inc. REQUEST 11/2/05 Progress payment#6 080-9100-450.40-01 64,843.33 58,359.00 REQUEST 11/2/05 Progress payment#6 080-0000-210.20-25 -6,484.33 73190 11/10/05 California debt& investment REQUEST 10/18/5 11/18/05 conf. s. mckay 102-1400-500.31-20 125.00 125.00 73191 11/10/05 California overnight 4888658 Postage 010-1700-417.21-10 29.81 430.88 4888658 Postage 010-3300-431.21-10 78.66 4899176 Postage 010-1700-417.21-10 16.32 4899176 Postage 010-3300-431.21-10 116.86 4923375 Postage 010-1700-417.21-10 11.63 4923375 Postage 010-3300-431.21-10 70.12 4934004 Postage 010-3300-431.21-10 93.95 4888658 Postage 033-8850-500.30-90 2.98 4888658 Postage 033-8850-500.30-90 2.97 4888658 Postage 102-1400-500.30-90 7.58 73192 11/10/05 Calpers REQUEST 11/4/05 10/27/05 ty4 contribution 085-0000-202.21-28 16,745.88 16,745.88 73193 11/10/05 Ced consolidated electrical 2983-440566 Supplies 050-9000-450.33-30 22.15 637.49 2983-440700 Supplies 025-7260-410.21-30 257.52 2983-440701 Supplies 025-7260-410.21-30 206.02 2983-440763 Supplies 025-7260-410.21-30 27.89 2983-440776 Supplies 025-7260-410.21-30 72.41 2983-440879 Supplies 010-1700-417.33-10 51.50 73194 11/10/05 Comserco 01/MA50214410 11/05 maintenance billing 010-4200-410.34-05 86.10 86.10 73195 11/10/05 Crafco inc 00405847 Supplies 010-4150-410.33-30 1,339.55 1,339.55 73196 11/10/05 Cutting edge staffing CA-4804016 10/15/05 temp employees 010-3300-431.30-90 824.60 22,006.76 CA-4808054 10/15/05 temp employees 010-3300-431.30-90 1,974.40 19839 10-09-05 temp employees 010-3300-431.30-90 4,014.44 19839 10-09-05 temp employees 029-8662-417.30-90 905.90 Page 2 City of San Jacinto Date: 12/01/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 73196... 11/10/05... Cutting edge staffing... 19839 10-09-05 temp employees 010-1400-414.10-04 1,121.84 22,006.76... 19839 10-09-05 temp employees 050-9000-450.10-04 288.00 19839 10-09-05 temp employees 055-4170-450.10-04 288.00 19887 10/16/05 temp employee 010-1400-414.10-04 790.50 19887 10/16/05 temp employee 010-7100-410.10-04 312.00 19887 10/16/05 temp employee 010-4150-410.10-04 352.00 19887 10/16/05 temp employee 050-9000-450.10-04 448.00 19887 10/16/05 temp employee 010-3300-431.30-90 2,736.80 19887 10/16/05 temp employee 029-8662-417.30-90 777.33 19938 10/23/05 temp employee 010-3300-431.30-90 3,558.60 19938 10/23/05 temp employee 050-9000-450.10-04 664.00 19938 10/23/05 temp employee 010-7100-410.10-04 512.00 19938 10/23/05 temp employee 010-4150-410.10-04 576.00 19938 10/23/05 temp employee 010-1400-414.10-04 755.63 19938 10/23/05 temp employee 029-8662-417.30-90 1,106.72 73198 11/10/05 Dale stubblefield REQUEST 10/28/5 Reimburse travel expenses 010-1100-411.21-10 294.90 294.90 73199 11/10/05 Darmar awards 4833 Plaque 010-4200-410.21-10 21.55 21.55 73200 11/10/05 Db backflow service 081405A Backflow testing 010-7100-410.34-05 157.19 615.11 100105A Backflow testing 010-7100-410.34-05 168.20 100105A1 Backflow testing 010-7100-410.34-05 35.00 100105A2 Backflow testing 010-7100-410.34-05 35.00 100105A3 Backflow testing 010-7100-410.34-05 35.00 100105A4 Backflow testing 010-7100-410.34-05 35.00 100105A5 Backflow testing 010-7100-410.34-05 35.00 100105A6 Backflow testing 010-7100-410.34-05 114.72 73201 11/10/05 Department of health services 0560382 7/1/04-06/30/05 water fee 050-9000-450.30-90 12,241.57 12,241.57 73202 11/10/05 E.s. babcock& sons, inc. AJ51877-0278 Analysis 050-9000-450.33-30 20.00 220.00 AJ51961-0278 Analysis 050-9000-450.33-30 60.00 AJ51703-0278 Analysis 050-9000-450.33-30 50.00 Page 3 City of San Jacinto Date: 12/01/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 73202... 11/10/05... E.s. babcock &sons, inc.... AJ52497-0278 Analysis 050-9000-450.33-30 90.00 220.00... 73203 11/10/05 Eastern municipal water district 10/20/05 462500 10/05 water 025-7250-410.35-10 743.51 10,822.06 10/19/05 667030 10/05 water 025-7250-410.35-10 1,990.92 10/18/05 788920 10/05 water 025-7250-410.35-10 57.45 10/18/05 788930 10/05 water 025-7250-410.35-10 34.00 10/18/05 898590 10/05 water 025-7250-410.35-10 156.67 10/20/05 940670 10/05 water 025-7250-410.35-10 7.34 10/19/05 940680 10/05 water 025-7250-410.35-10 850.01 10/19/05 940690 10/05 water 025-7250-410.35-10 24.73 10/19/05 940700 10/05 water 025-7250-410.35-10 11.01 10/19/05 945130 10/05 water 025-7250-410.35-10 1,880.25 10/19/05 947460 10/05 water 025-7250-410.35-10 696.08 10/20/05 962670 10/05 water 025-7250-410.35-10 936.39 10/21/05 147986 10/05 water 025-7100-410.35-10 7.34 10/20/05 166236 10/05 water 025-7250-410.35-10 779.38 10/21/05 166237 10/05 water 301-8833-500.35-10 11.01 10/20/05 166238 10/05 water 301-8833-500.35-10 2,635.97 73205 11/10/05 Employment development departn STMT 10/31/05 07/01/05-09/30/05 019-2250-419.36-99 8,393.00 8,393.00 73206 11/10/05 Esgil corporation SJT 10-05-3846 09/05 plan check services 010-3300-431.30-90 8,919.62 8,919.62 73207 11/10/05 Family sport &fitness 101005 10/05 gym fee 010-1100-411.11-10 20.00 500.00 101005 10/05 gym fees 010-1200-412.11-10 30.00 101005 10/05 gym fees 010-1210-412.11-10 10.00 101005 10/05 gym fees 010-1400-414.11-10 70.00 101005 10/05 gym fees 010-1700-417.11-10 40.00 101005 10/05 gym fees 010-3100-431.11-10 10.00 101005 10/05 gym fees 010-3300-431.11-10 60.00 101005 10/05 gym fees 010-4150-410.11-10 130.00 101005 10/05 gym fees 010-4200-410.11-10 10.00 101005 10/05 gym fees 010-7100-410.11-10 50.00 Page 4 City of San Jacinto Date: 12/01/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 73207... 11/10/05... Family sport &fitness... 101005 10/05 gym fees 010-7400-425.11-10 10.00 500.00... 101005 10/05 gym fees 085-0000-202.21-76 30.00 101005 10/05 gym fees 096-1700-417.11-10 30.00 73208 11/10/05 Fawcett, derrek REQUEST 11/1/05 Reim wat dep# 50006077 050-0000-229.08-70 120.89 120.89 73209 11/10/05 Fuller, tracy REQUEST 11/2/05 Reimburse task light 010-1400-414.21-10 43.09 301.63 REQUEST 11/14/5 Task lighting (1) 102-1400-500.21-10 43.09 REQUEST 11/14/5 Task lighting (5) 010-1400-414.21-10 215.45 73210 11/10/05 Hartford life insurance companies REQUEST 11/10/5 11/10/05 grp 109947 085-0000-202.21-29 2,253.84 2,253.84 73211 11/10/05 Hemet industrial supply 27207 Supplies 050-9000-450.33-30 16.70 43.08 27220 Supplies 010-4150-410.33-50 2.97 27249 Supplies 010-4150-410.33-50 23.41 73212 11/10/05 Hemet valley pipe & supply 94736 Supplies 010-4150-410.40-01 15.05 72.08 94736 Supplies 010-7100-410.40-01 15.05 94736 Supplies 050-9000-450.40-01 15.05 94736 Supplies 055-4170-450.40-01 15.04 94739CM Supplies 010-4150-410.40-01 -4.77 94739CM Supplies 010-7100-410.40-01 -4.76 94739CM Supplies 050-9000-450.40-01 -4.76 94739CM Supplies 055-4170-450.40-01 -4.76 94740 Supplies 010-4150-410.40-01 7.74 94740 Supplies 010-7100-410.40-01 7.74 94740 Supplies 050-9000-450.40-01 7.73 94740 Supplies 055-4170-450.40-01 7.73 73213 11/10/05 Hemet valley tool & supply 70889 Supplies 050-9000-450.21-80 286.83 385.21 70921 Supplies 010-4150-410.21-80 98.38 73214 11/10/05 Hi-way safety 51440 Supplies 010-4150-410.33-50 202.03 1,899.09 51696 Supplies 024-4150-410.21-36 1,697.06 73215 11/10/05 Home depot credit services 8233680 Supplies 010-4150-410.21-80 273.87 364.61 5131468 Supplies 010-1700-417.33-10 48.84 Page 5 City of San Jacinto Date: 12/01/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total_ 73215... 11/10/05... Home depot credit services... 2065073 Supplies 010-3300-431.21-10 41.90 364.61... 73216 11/10/05 Horizon water 11/09/05 CITY 10/25/05 drinking water 010-2500-425.21-10 28.00 115.00 11/09/05 MODULA 10/25/05 drinking water 010-3300-431.21-10 7.00 11/25/05 FINANC 10/25/05 drinking water 010-2500-425.21-10 31.00 10/28/05 VIRGIN 10/25/05 drinking water 010-1700-417.21-10 35.00 10/20/05 CORP 10/20/05 drinking water 010-4150-410.21-10 3.50 10/20/05 CORP 10/20/05 drinking water 010-7100-410.21-10 3.50 10/20/05 CORP 10/20/05 drinking water 050-9000-450.21-10 3.50 10/20/05 CORP 10/20/05 drinking water 055-4170-450.21-10 3.50 73217 11/10/05 Hughes supply inc. S120226426.001 Supplies 050-9000-450.33-30 1,163.44 1,163.44 73218 11/10/05 Icma retirement trust REQUEST 11/10/5 11/10/05 deferred comp 085-0000-202.21-29 2,850.00 2,850.00 73219 11/10/05 J &j automotive 020594 Supplies 010-4150-410.33-50 10.00 765.80 20654 Auto repair 010-4150-410.33-50 412.19 20803 Auto repair 010-7100-410.33-50 343.61 73220 11/10/05 John & heidi lawler REQUEST 11/1/05 Rem water dep #00001496 050-0000-229.08-70 21.01 21.01 73221 11/10/05 John deere landscapes 08828500 Supplies 010-7100-410.33-30 380.93 671.27 08828501 Supplies 010-7100-410.33-30 290.34 73222 11/10/05 Johnson power systems SW030058010 Supplies 050-9000-450.33-30 533.03 1,818.66 SW030059947 Supplies 050-9000-450.33-30 884.98 SW030058011 Supplies 050-9000-450.33-30 400.65 73223 11/10/05 Kammeyer&associates inc. 6426G 07/05 plan check 065-0000-201.06-20 1,210.00 10,890.00 6438M 09/05 plan check 010-3300-431.30-90 9,680.00 73224 11/10/05 Kerns, pauline REQUEST 11/3/05 Reim credit acct#00000799 050-0000-308.09-10 60.96 60.96 73225 11/10/05 Lancaster contract survey compan 05-133 Monuments 010-4149-410.40-01 1,332.00 1,332.00 73226 11/10/05 Leflore, adrian REQUEST 11/1/05 Rem water dep#20026002 050-0000-229.08-70 165.79 165.79 73227 11/10/05 Lincoln life REQUEST 11/10/5 11/10/05 deferred comp 085-0000-202.21-29 110.00 110.00 73228 11/10/05 Long beach uniform co. 725657 Uniforms 029-8662-417.30-90 43.05 43.05 73229 11/10/05 Mayers glass 13280 Water/fin window 322 main 010-1400-414.40-01 1,308.74 1,308.74 Page 6 City of San Jacinto Date: 12/01/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 73230 11/10/05 Mickey ibarra&associates, inc. 436 10/05 consulting services 010-2500-425.34-05 2,500.00 2,500.00 73231 11/10/05 Micro mobile 13909 Auto repair 056-4150-410.33-50 205.17 290.17 13779 Auto repair 010-4150-410.33-50 85.00 73232 11/10/05 Mission uniform services, inc. 17970685 Uniform supplies 050-9000-450.21-35 29.29 410.77 17970685 Uniform supplies 055-4170-450.21-35 15.28 17970686 Uniform supplies 010-7100-410.21-35 6.07 17970687 Uniform supplies 010-7100-410.21-35 24.57 17970688 Uniform supplies 010-4150-410.21-35 50.99 17963684 Uniform supplies 010-7400-425.34-05 24.27 17971576 Uniform supplies 050-9000-450.21-35 31.20 17971576 Uniform supplies 055-4170-450.21-35 12.76 17971577 Supplies 050-9000-450.21-35 6.07 17971578 Supplies 010-7100-410.21-35 24.57 17971579 Supplies 010-4150-410.21-35 50.99 17971587 Supplies 010-1400-414.21-10 17.49 17972463 Carpets mats 010-4150-410.21-35 6.07 17972464 Uniform supplies 010-7100-410.21-35 24.57 17972465 Uniform supplies 010-4150-410.21-35 51.60 17972474 Carpet mats 010-1400-414.33-10 17.49 17973371 Carpet mats 010-1400-414.33-10 17.49 73234 11/10/05 National safety compliance, inc. 31557 Analysis 010-1210-412.30-90 188.84 188.84 73235 11/10/05 Nextel communications REQUEST 10/10/5 10/05 cellular 010-1100-411.35-17 482.99 2,407.28 REQUEST 10/10/5 10/05 cellular 010-1200-412.35-17 89.62 REQUEST 10/10/5 10/05 cellular 010-1400-414.35-17 125.13 REQUEST 10/10/5 10/05 cellular 010-1700-417.35-17 133.12 REQUEST 10/10/5 10/05 cellular 010-3300-431.35-17 316.10 REQUEST 10/10/5 10/05 cellular 010-4150-410.35-17 246.46 REQUEST 10/10/5 10/05 cellular 010-4200-410.35-17 133.12 REQUEST 10/10/5 10/05 cellular 010-1700-417.35-17 149.66 Page 7 City of San Jacinto Date: 12/01/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 73235... 11/10/05... Nextel communications... REQUEST 10/10/5 10/05 cellular 010-7101-410.35-17 57.28 2,407.28... REQUEST 10/10/5 10/05 cellular 029-8662-410.35-17 116.98 REQUEST 10/10/5 10/05 cellular 050-9000-450.35-17 236.78 REQUEST 10/10/5 10/05 cellular 055-4170-450.35-17 59.81 REQUEST 10/10/5 10/05 cellular 096-1700-417.35-17 115.98 REQUEST 10/10/5 10/05 cellular 102-1400-500.35-17 59.81 REQUEST 10/10/5 Cellular equipment 096-1700-417.21-10 84.44 73237 11/10/05 Nixon-egli equipment 10507423 Supplies 056-4150-410.33-30 203.40 203.40 73238 11/10/05 Office depot 309612588-001 Office supplies 010-1400-414.21-10 10.87 347.81 311029687-001 Office supplies 010-1400-414.21-10 24.17 311124206-001 Office supplies 010-1400-414.21-10 28.82 311136759-001 Office supplies 010-1400-414.21-10 28.53 311136759-001 Office supplies 055-1400-414.21-10 85.14 311136759-001 Office supplies 050-1400-414.21-10 85.14 311136759-001 Office supplies 059-1400-414.21-10 85.14 73239 11/10/05 Overnight industrial 28915 Supplies 010-2500-425.21-10 63.44 376.44 28990 Supplies 010-2500-425.21-10 173.64 29004 Supplies 010-4150-410.21-10 41.49 29004 Supplies 010-7100-410.21-10 41.49 29004 Supplies 050-9000-450.21-10 41.50 29005 Supplies 010-7100-410.33-10 14.88 73240 11/10/05 P &d consultants, inc. 11003281 08/27/05-09/30/05 service 010-1700-417.30-90 11,638.13 11,638.13 73241 11/10/05 Pacific alarm svc., inc. R 55889 Alarm fees 010-1700-417.34-05 18.00 521.00 R 55889 Alarm fees 010-2500-425.34-05 87.00 R 55889 Alarm fees 050-9000-450.34-05 118.50 R 55889 Alarm fees 010-6500-425.34-05 38.00 R 55889 Alarm fees 010-4200-410.34-05 198.50 R 55889 Alarm fees 010-1400-414.34-05 61.00 73242 11/10/05 Party planners 979 Veterans day event 010-1700-417.34-05 1,500.00 1,500.00 Page 8 City of San Jacinto Date: 12/01/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 73243 11/10/05 Pip printing 79320 Office supplies 010-3300-431.21-10 118.70 118.70 73244 11/10/05 Pju telecomm 13155 Closed circut tv/recorder 010-1400-414.40-01 4,731.07 4,751.07 13340 Telephone 010-2500-425.21-10 20.00 73245 11/10/05 Platinium plus for business REQUEST 10/5/05 Target-finance-appliances 010-1400-414.40-01 514.01 7,941.81 REQUEST 10/5/05 Target-finance-appliances 010-1400-414.40-01 64.63 REQUEST 10/5/05 Target-finance-supplies 010-2500-425.21-10 34.60 REQUEST 10/5/05 Smart&final-cleaning supp 010-1400-414.40-01 106.19 REQUEST 10/5/05 Smart&final-supplies 010-2500-425.21-10 273.89 REQUEST 10/5/05 Office depot-supplies 010-4150-410.40-01 214.91 REQUEST 10/5/05 Office depot-supplies 010-7100-410.40-01 214.91 REQUEST 10/5/05 Office depot-supplies 050-9000-450.40-01 214.90 REQUEST 10/5/05 Office depot-supplies 055-4170-450.40-01 214.90 REQUEST 10/5/05 Homestead furniture 010-4150-410.40-01 296.00 REQUEST 10/5/05 Homestead furniture 010-7100-410.40-01 296.00 REQUEST 10/5/05 Homestead furniture 050-9000-450.40-01 296.00 REQUEST 10/5/05 Homestead furniture 055-4170-450.40-01 296.00 REQUEST 10/5/05 Csn office furniture 010-4150-410.40-01 220.25 REQUEST 10/5/05 Csn office furniture 010-7100-410.40-01 220.25 REQUEST 10/5/05 Csn office furniture 050-9000-450.40-01 220.25 REQUEST 10/5/05 Csn office furniture 055-4170-450.40-01 220.25 REQUEST 10/5/05 Lighting lockers 010-4150-410.40-01 576.98 REQUEST 10/5/05 Lighting lockers 010-7100-410.40-01 576.98 REQUEST 10/5/05 Lighting lockers 050-9000-450.40-01 576.98 REQUEST 10/5/05 Lighting lockers 055-4170-450.40-01 576.98 REQUEST 10/5/05 Pride of italy-lunch 010-1400-414.40-01 42.32 REQUEST 10/5/05 Hewlitt packard-gigabit 010-1400-414.40-01 376.15 REQUEST 10/5/05 Dukes-lunch-as400 install 010-1400-414.40-45 27.70 REQUEST 10/5/05 Lowes-as400 installation 010-1400-414.40-45 78.71 REQUEST 10/5/05 Graybar-software 010-1400-414.40-01 171.75 Page 9 City of San Jacinto Date: 12/01/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 73245... 11/10/05... Platinium plus for business... REQUEST 10/5/05 Target-kitchen supplies 010-4150-410.40-01 19.92 7,941.81... REQUEST 10/5/05 Target-kitchen supplies 010-7100-410.40-01 19.91 REQUEST 10/5/05 Target-kitchen supplies 050-9000-450.40-01 19.91 REQUEST 10/5/05 Target-kitchen supplies 055-4170-450.40-01 19.91 REQUEST 10/5/05 Ross-breakroom decor 010-4150-410.40-01 28.01 REQUEST 10/5/05 Ross-breakroom decor 010-7100-410.40-01 28.01 REQUEST 10/5/05 Ross-breakroom decor 050-9000-450.40-01 28.01 REQUEST 10/5/05 Ross-breakroom decor 055-4170-450.40-01 28.00 REQUEST 10/5/05 Oaktree-corner unit 010-4150-410.40-01 96.98 REQUEST 10/5/05 Oaktree-corner unit 010-7100-410.40-01 96.98 REQUEST 10/5/05 Oaktree-corner unit 050-9000-450.40-01 96.97 REQUEST 10/5/05 Oaktree-corner unit 055-4170-450.40-01 96.97 REQUEST 10/5/05 U-haul-moving boxes 010-1400-414.40-01 41.53 REQUEST 10/5/05 Walmart-misc materials 010-4150-410.40-01 99.55 REQUEST 10/5/05 Walmart-misc materials 010-7100-410.40-01 99.55 REQUEST 10/5/05 Walmart-misc materials 050-9000-450.40-01 99.55 REQUEST 10/5/05 Walmart-misc materials 055-4170-450.40-01 99.56 • 73249 11/10/05 Poster compliance center 752786-CA Office supplies 010-1210-412.21-10 50.01 50.01 73250 11/10/05 Potts, margaret REQUEST 11/1/05 Reim credit acct#10010005 050-0000-308.09-10 27.91 27.91 73251 11/10/05 Quality auto parts D792019 Supplies 010-7100-410.33-50 11.39 29.14 D794286 Supplies 010-7100-410.33-50 17.75 73252 11/10/05 Quast tree service 10/24/05 Tree triming 032-7150-410.40-01 1,400.00 1,400.00 73253 11/10/05 Ramona tire 153865 Auto repair 055-4170-450.33-50 1,028.99 1,028.99 73254 11/10/05 Reliable XMC43101 Office supplies 010-3300-431.21-10 145.44 869.48 DYY32500 Office supplies 010-1210-412.21-10 73.73 DYY32500 Office supplies 010-1110-411.21-10 22.35 DYY32500 Office supplies 010-2500-425.21-10 125.54 DYZ38400 Office supplies 050-1400-414.21-10 10.80 DYZ38400 Office supplies 055-1400-414.21-10 10.79 Page 10 City of San Jacinto Date: 12/01/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 73254... 11/10/05... Reliable... DYZ38400 Office supplies 059-1400-414.21-10 10.79 869.48... XN725900 Office supplies 010-3300-431.21-10 156.68 XN725900 Office supplies 010-1700-417.21-10 156.68 XN725900 Office supplies 096-1700-417.21-10 156.68 73255 11/10/05 Riverside county sheriff's SH0000003364 Correction 068-3100-431.34-05 -35,243.48 628,067.35 SH0000003364 Correction 068-3100-431.34-05 -12,108.92 SH0000003364 Correction 068-3100-431.34-05 -5,306.39 SH0000003364 Sheriff's motor/team traf 010-3100-431.34-05 35,243.48 SH0000003364 Community services office 010-3100-431.34-05 12,108.92 SH0000003364 C.s.o. ii (u/f) 010-3100-431.34-05 5,306.39 SH0000003912 07/01/05-07/20/05 010-3100-431.34-05 234,118.93 SH0000003912 07/01/05-07/20/05 034-3100-431.34-05 17,139.81 SH0000003912 07/01/05-07/20/05 064-3100-431.34-05 7,949.11 SH0000003912 07/01/05-07/20/05 dep sro 010-3100-431.34-05 1,336.56 SH0000003953 07/21/05-08/17/05 010-3100-431.34-05 331,762.99 SH0000003953 07/21/05-08/17/05 034-3100-431.34-05 20,262.43 SH0000003953 07/21/05-08/17/05 064-3100-431.34-05 10,596.80 SH0000003953 07/21/05-08/17/05 dep sro 010-3100-431.34-05 4,900.72 73257 11/10/05 Riverside, county of 5265 Assessor maps 010-1700-417.21-10 6.00 6.00 73258 11/10/05 Riverside, county of 90088-0509 09/05 services rendered 010-1110-411.30-90 637.50 4,792.57 90088-0509 09/05 services rendered 010-2500-425.34-20 4,155.07 73259 11/10/05 Rodriguez, mirella REQUEST 11/2/05 Mileage/phone allowance 010-1701-417.31-20 69.99 69.99 73260 11/10/05 Ron cavano 12-1015 Independence day photos 010-2510-425.40-04 524.50 524.50 73261 11/10/05 Sawaya, souheil REQUEST 11/3/05 Reim credit acct#00001519 050-0000-308.09-10 121.85 121.85 73262 11/10/05 Sharps ace hardware 659858 Supplies 010-4150-410.33-30 12.93 48.48 660137 Supplies 010-1400-414.40-01 35.55 73263 11/10/05 Smeal fire apparatus co. 23551 Spartan side mount pumper 082-3200-431.40-45 173,313.00 173,313.00 73264 11/10/05 So. california edison co. REQUEST 11/10/5 10/05 electricity 010-2500-425.35-14 1,608.07 36,382.11 REQUEST 11/10/5 10/05 electricity 010-3100-431.35-14 1,883.79 Page 11 City of San Jacinto Date: 12/01/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 73264... 11/10/05... So. california edison co.... REQUEST 11/10/5 10/05 electricity 010-4150-410.35-14 14.57 36,382.11... REQUEST 11/10/5 10/05 electricity 010-7400-425.35-14 1,433.94 REQUEST 11/10/5 10/05 electricity 025-7100-410.35-14 2,212.44 REQUEST 11/10/5 10/05 electricity 025-7250-410.35-14 885.71 REQUEST 11/10/5 10/05 electricity 025-7251-410.35-14 14.10 REQUEST 11/10/5 10/05 electricity 025-7252-410.35-14 1,351.61 REQUEST 11/10/5 10/05 electricity 025-7260-410.35-14 695.50 REQUEST 11/10/5 10/05 electricity 050-9000-450.35-14 18,392.46 REQUEST 11/10/5 11/05 electricity 010-4150-410.35-14 4.81 REQUEST 11/10/5 11/05 electricity 025-7250-410.35-14 4.45 REQUEST 11/10/5 11/05 electricity 025-7250-410.35-14 1.99 REQUEST 11/10/5 11/05 electricity 025-7260-410.35-14 269.58 REQUEST 11/10/5 11/05 electricity 301-8833-500.35-14 23.13 REQUEST 11/10/5 11/05 electricity 050-9000-450.35-17 7,585.96 73266 11/10/05 So. california edison co. REQUEST 11/01/5 Power @ ramona exp/eagle 041-4155-410.40-01 7,473.77 7,473.77 73267 11/10/05 So. california gas co. REQUEST 11/8/05 Gas 010-6500-425.35-12 4.93 165.93 REQUEST 11/8/05 Gas 010-3100-431.35-12 14.81 REQUEST 11/8/05 Gas 010-2500-425.35-12 16.20 REQUEST 11/8/05 Gas 010-7400-425.35-12 129.99 73268 11/10/05 Staples credit plan 79570 Office supplies 010-1400-414.21-10 53.85 624.82 79570 Office supplies 010-1400-414.40-45 290.91 76506 Office supplies 010-3300-431.21-10 280.06 73269 11/10/05 Stater bros 121131 Supplies 010-4150-410.40-01 8.79 37.20 121031 Supplies 010-7100-410.40-01 8.78 121031 Supplies 050-9000-450.40-01 8.78 121031 Supplies 055-4170-450.40-01 8.78 1211031 Supplies 050-9000-450.33-30 2.07 73270 11/10/05 Stetson engineers inc. 14084 08/05 engineering service 050-9000-450.40-01 234.44 234.44 73271 11/10/05 Steward, julienna REQUEST 11/1/05 Reim credit acct#00000698 050-0000-229.08-70 40.89 40.89 Page 12 City of San Jacinto Date: 12/01/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 73272 11/10/05 Strattons janitorial service 4472 10/05 city hall 010-2500-425.34-05 575.00 1,275.00 4473 10/05 community center 010-7400-425.34-05 700.00 73273 11/10/05 Toyota financial services REQUEST 11/8/05 Lease#010712 67154 063-1700-410.40-45 516.12 516.12 73274 11/10/05 Toyota financial services REQUEST 11/8/05 Lease#010712 67120 063-1700-410.40-45 516.12 516.12 73275 11/10/05 Tri buick pontiac gmc GCCS79073 Auto repair 010-3300-431.33-50 27.67 27.67 73276 11/10/05 Tri-lake consultants, inc. 3541 09/03/05-09/30/05 engnrng 010-4100-410.30-90 3,860.14 60,111.09 3545 09/03/05-09/30/05 engnrng 039-4155-410.40-01 200.00 3546 09/03/05-09/30/05 engnrng 052-9000-450.40-01 100.00 3547 09/03/05-09/30/05 engnrng 052-9000-450.40-01 1,757.50 3548 09/03/05-09/30/05 engnrng 083-4150-410.40-01 640.00 3550 09/03/05-09/30/05 engnrng 039-4155-410.40-01 80.00 3351 09/03/05-09/30/05 engnrng 039-4155-410.40-01 673.30 3552 09/03/05-09/30/05 engnrng 010-4149-410.40-01 4,390.00 3553 09/03/05-09/30/05 engnrng 039-4155-410.40-01 160.00 3554 09/03/05-09/30/05 engnrng 065-0000-201.06-47 452.50 3555 09/03/05-09/30/05 engnrng 041-4155-410.40-01 80.00 3556 09/03/05-09/30/05 engnrng 041-4155-410.40-01 2,577.31 3557 Plan check 065-0000-201.06-47 5,537.49 3558 Engineering servcies 065-0000-201.06-47 3,897.28 3559 Engineering services 065-0000-201.06-47 3,882.56 3560 Engineering servcies 065-0000-201.06-47 2,321.02 3561 Engineering servcies 065-0000-201.06-47 9,750.56 3562 Engineering servcies 065-0000-201.06-47 7,731.14 3563 Engineering servcies 065-0000-201.06-47 2,994.29 3566 Engineering servcies 065-0000-201.06-47 1,898.75 3565 Engineering servcies 065-0000-201.06-47 7,127.25 73278 11/10/05 Umali, carlo REQUEST 10/20/5 Mileage reimbursement 096-1700-417.31-15 50.93 50.93 73279 11/10/05 Underground service alert 2005110618 Supplies 050-9000-450.33-30 210.50 210.50 73280 11/10/05 Valley chronicle, the 03514642-001 City newsletter 010-1100-411.36-10 3,500.00 3,500.00 Page 13 City of San Jacinto Date: 12/01/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 73281 11/10/05 Valley service connection 2781 Clean up 338 n palomar 105-3320-431.34-05 1,256.29 1,256.29 73282 11/10/05 Verizon california 44334905 Telephone 010-7400-425.35-16 42.70 1,653.59 REQUEST 11/10/5 11/05 telephone 010-2500-425.35-16 240.19 REQUEST 11/10/5 11/05 telephone 010-3100-431.35-16 436.66 REQUEST 11/10/5 11/05 telephone 010-4150-410.35-16 31.85 REQUEST 11/10/5 11/05 telephone 010-3110-431.35-16 41.54 REQUEST 11/10/5 11/05 telephone 010-4200-410.35-16 149.24 REQUEST 11/10/5 11/05 telephone 010-7100-410.35-16 29.99 REQUEST 11/10/5 11/05 telephone 010-6100-425.35-16 28.24 REQUEST 11/10/5 11/05 telephone 010-7400-425.35-16 208.14 REQUEST 11/10/5 11/05 telephone 025-7252-410.35-16 237.50 REQUEST 11/10/5 11/05 telephone 050-9000-450.35-16 181.74 REQUEST 11/10/5 10/05 telephone 025-7252-410.35-16 25.80 73283 11/10/05 Vulcan materials company 400099 Supplies 050-9000-450.33-30 310.93 310.93 73284 11/10/05 Wetworks pool care STMT 11/1/05 11/05 services 010-8400-425.33-10 843.95 843.95 73285 11/10/05 Xerox corporation 13044545 06/30/05-09/30/05 lease 010-2500-425.34-05 2,409.74 3,371.90 13044559 08/30/05-09-30/05 lease 010-7400-425.34-05 185.28 13432067 Lease on copier 010-2500-425.34-05 776.88 73286 11/10/05 Young, michael REQUEST 11/3/05 Reim water dep#00001244 050-0000-229.08-70 60.00 60.00 73287 11/16/05 Melvin & rosalie blackburn REQUEST 11/16/5 Purchase warren road 065-0000-201.08-10 25,000.00 25,000.00 73290 11/23/05 Accela PS37554 Software 010-3300-431.40-45 4,315.00 4,315.00 73291 11/23/05 Action real estate solutions REQUEST 11/15/5 Reim wat dep#00001301 050-0000-229.08-70 310.92 310.92 73292 11/23/05 Alexander, anthony REQUEST 11/15/5 Reim wat dep#00001118 050-0000-308.09-10 38.56 38.56 73293 11/23/05 Alvarez, grace REQUEST 11/15/5 Reim seminar/mileage exp 010-1200-412.31-20 94.25 188.50 REQUEST 11/15/5 Reim seminar/mileage exp 010-4100-410.31-20 94.25 73294 11/23/05 Anady's trophies 53970 Plaque 010-4150-410.40-01 34.75 184.80 53970 Plaque 010-7100-410.40-01 34.75 53970 Plaque 050-9000-450.40-01 34.75 53970 Plaque 055-4170-450.40-01 34.75 Page 14 City of San Jacinto Date: 12/01/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 73294... 11/23/05... Anady's trophies... 54001 Plaque 096-1700-417.21-10 16.70 184.80... 54006 Plaque 096-1700-417.21-10 12.93 54279 Plaque 010-1700-417.21-10 16.17 73295 11/23/05 Andre landscaping service, inc. 8638 Trim oleander hedge 010-4150-410.33-30 1,200.00 1,200.00 73296 11/23/05 Apple-one employment services CA-4816212 11/05/05 temp employees 010-3300-431.30-90 1,178.00 5,452.48 CA-4812362 10/29/05 temp employees 010-3300-431.30-90 1,475.48 CA-4804016 10/15/05 temp employees 010-3300-431.30-90 824.60 CA-4808054 10/22/05 temp employees 010-3300-431.30-90 1,974.40 73297 11/23/05 Applied earthworks inc. 1248-05 10/05 historic strc repor 028-6500-425.40-01 1,882.76 1,882.76 73298 11/23/05 Archive management service 0015246 11/05 storage supplies 010-2500-425.30-90 80.27 80.27 73299 11/23/05 At &t 10/25/05 10/05 telephone 010-2500-425.35-16 208.38 208.38 73300 11/23/05 B & I construciton REQEUST 11/15/5 Reim wat dep#00001494 050-0000-229.08-70 380.85 380.85 73301 11/23/05 B &w pipe & supply 71943 Supplies 010-7100-410.33-30 94.77 365.35 71980 Supplies 010-7100-410.33-30 101.89 71961 Supplies 010-7100-410.33-30 168.69 73302 11/23/05 Barrow construction inc. REQUEST 11/15/5 Pacheco-674 san marcos pl 099-9700-470.40-01 9,125.00 9,125.00 73303 11/23/05 Beaza, hector REQUEST 11/15/5 Reim water certificate 050-9000-450.30-90 90.00 90.00 73304 11/23/05 Blue ribbon plumbing 95766 A/c repair 010-2500-425.33-30 1,350.67 1,420.17 95811 Plumbing repair 010-1400-414.33-10 69.50 73305 11/23/05 Bohn, cindy REQEUST 11/10/5 Reim travel expenses 050-1400-414.31-20 131.64 835.25 REQEUST 11/10/5 Reim travel expenses 055-1400-414.31-20 131.64 REQEUST 11/10/5 Reim travel expenses 059-1400-414.31-20 131.64 REQEUST 11/10/5 Reim travel expenses 050-1400-414.31-20 146.78 REQEUST 11/10/5 Reim travel expenses 055-1400-414.31-20 146.78 REQEUST 11/10/5 Reim travel expenses 059-1400-414.31-20 146.77 73306 11/23/05 Boot barn IVC0001242 Boot purchase 010-7100-410.21-35 150.00 242.12 IVC0001256 Boot purchase 055-4170-450.21-35 92.12 73307 11/23/05 Brown, david and marlana REQUEST 11/15/5 Reim credt acct#00001100 050-0000-308.09-10 113.58 113.58 73308 11/23/05 Calpers REQUEST 11/16/5 11/10/05 ty3 contribution 085-0000-202.21-28 48,538.93 48,538.93 Page 15 City of San Jacinto Date: 12/01/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 73309 11/23/05 Ced consolidated electrical 2983-440898 Supplies 010-7100-410.33-30 322.29 322.29 73310 11/23/05 Civic stone 2592 08/01/05-09/30/05 service 099-1700-417.21-10 4,981.00 4,981.00 73311 11/23/05 Consolitdated reprographics 015964 Office supplies 010-3300-431.21-10 47.13 47.13 73312 11/23/05 Curmi, colleen REQUEST 11/15/5 Reim credit acct#20019029 050-0000-308.09-10 187.07 187.07 73313 11/23/05 Cutting edge staffing 19887 10/16/05 temp employees 010-1400-414.10-04 790.50 19,207.76 19887 10/16/05 temp employees 010-4150-410.10-04 352.00 19887 10/16/05 temp employees 010-7100-410.10-04 312.00 19887 10/16/05 temp employees 050-9000-450.10-04 448.00 19887 10/16/05 temp employees 010-3300-431.30-90 2,736.80 19887 10/16/05 temp employees 029-8662-417.30-90 777.33 19839 10/09/05 temp employees 010-3300-431.30-90 4,014.44 19839 10/09/05 temp employees 010-1400-414.10-04 1,121.84 19839 10/09/05 temp employees 029-8662-417.30-90 905.90 19839 10/09/05 temp employees 050-9000-450.10-04 288.00 19839 10/09/05 temp employees 055-4170-450.10-04 288.00 19938 10/23/05 temp employees 010-3300-431.30-90 3,558.60 19938 10/23/05 temp employees 050-9000-450.10-04 664.00 19938 10/23/05 temp employees 010-1700-417.10-04 512.00 19938 10/23/05 temp employees 010-4150-410.10-04 576.00 19938 10/23/05 temp employees 010-1400-414.10-04 755.63 19938 10/23/05 temp employees 029-8662-417.30-90 1,106.72 73315 11/23/05 D.m.c. tree care 86 Trim/remove trees 032-7150-410.40-01 1,875.00 1,875.00 73316 11/23/05 Dillon, donna REQUEST 11/9/05 Reim wat dep#20010045 050-0000-229.08-70 162.69 162.69 73317 11/23/05 Dms properties REQUEST 11/15/5 Reim creidt acct#00000839 050-0000-308.09-10 49.26 49.26 73318 11/23/05 E.s. babcock &sons, inc. AJ52586-0278 Analysis 050-9000-450.33-30 48.00 158.00 AJ52609-0278 Analysis 050-9000-450.33-30 20.00 AK50203-0278 Analysis 050-9000-450.33-30 90.00 73319 11/23/05 Federal express 3-158-23019 Postage 010-1400-414.21-10 12.95 12.95 73320 11/23/05 Ferguson,praet&sherman 19124 Attorney fees 020-2200-419.30-90 495.75 495.75 Page 16 City of San Jacinto Date: 12/01/2005 Warrant Register h C eck Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 73321 11/23/05 Groove construction REQUEST 11/15/5 Reim credit acct#38009008 .050-0000-308.09-10 58.32 58.32 73322 11/23/05 Harris XT00003605 Office supplies 055-1400-414.21-10 53.00 159.00 XT00003605 Office supplies 050-1400-414.21-10 53.00 XT00003605 Office supplies 059-1400-414.21-10 53.00 73323 11/23/05 Hartford life insurance companies REQUEST 11/22/5 11/24/05 deferred comp 085-0000-202.21-29 2,253.84 2,253.84 73324 11/23/05 Heck, laura REQUEST 11/15/5 Reim wat dep#00001398 050-0000-229.08-70 8.59 8.59 73325 11/23/05 Hemet rubber stamp 47600 Office supplies ,010-1400-414.21-10 126.55 126.55 73326 11/23/05 Hemet valley tool & supply 115953 Safety glasses 055-4170-450.21-35 16.16 320.18 17999 Safety glasses 055-4170-450.21-35 17.19 170889 Supplies 050-9000-450.21-80 286.83 73327 11/23/05 Higgins, ligia REQUEST 11/15/5 Reim credit acct#00001419 050-0000-308.09-10 6.38 6.38 73328 11/23/05 Holdren, laura REQUEST 11/15/5 Reim credit acct#01160116 050-0000-308.09-10 117.82 117.82 73329 11/23/05 Home depot credit services 1125960 Supplies 010-1700-417.33-10 64.38 341.13 2019780 Supplies 010-4150-410.21-80 207.29 4019607 Supplies 010-4150-410.40-01 6.06 4019607 Supplies 010-7100-410.40-01 6.06 4019607 Supplies 050-9000-450.40-01 6.06 4019607 Supplies 055-4170-450.40-01 6.06 6574508 Supplies _010-1700-417.33-10 45.22 73330 11/23/05 Horizon water 11/9/05 FINANCE 11/09/05 drinking water 010-2500-425.21-10 21.00 21.00 73331 11/23/05 I.b. reprographics 59267 Office supplies 010-4100-410.21-10 25.91 25.91 73332 11/23/05 lcma retirement trust REQUEST 11/22/5 11/24/05 deferred comp 085-0000-202.21-29 2,850.00 2,850.00 73333 11/23/05 Infosend inc. 19440 Postage 050-1400-414.21-10 143.88 2,514.04 19440 Postage 055-1400-414.21-10 143.88 19440 Postage 059-1400-414.21-10 143.88 19636 Postage 050-1400-414.21-10 694.13 19636 Postage 055-1400-414.21-10 694.13 19636 Postage 059-1400-414.21-10 694.14 73334 11/23/05 J & r concrete prod. inc. 26094 Supplies 050-9000-450.33-30 397.60 397.60 Page 17 City of San Jacinto Date: 12/01/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 73335 11/23/05 Joe mcmillin 12535 Attorney fees 020-2200-419.30-90 1,498.50 1,498.50 73336 11/23/05 Kammeyer&associates inc. 6452G 09/05 plan check 065-0000-201.06-20 770.00 19,800.00 6453G 09/05 plan check 065-0000-201.06-20 1,210.00 6454G 09/05 plan check 065-0000-201.06-20 2,970.00 6455G 09/05 plan check 065-0000-201.06-20 990.00 6456G 09/05 plan check 065-0000-201.06-20 2,860.00 6457G 09/05 plan check 065-0000-201.06-20 2,310.00 6464G 09/05 plan check 065-0000-201.06-20 3,080.00 6465G 09/05 plan check 082-3200-431.40-01 440.00 6461G 09/05 plan check 065-0000-201.06-20 2,860.00 6462G 09/05 plan check 065-0000-201.06-20 440.00 6463G 09/05 plan check 065-0000-201.06-20 1,870.00 73337 11/23/05 Kill-n-bugs termite & pest control REQUEST 11/15/5 Pacheco-674 san marcos pl 099-9700-470.40-01 1,425.00 1,425.00 73338 11/23/05 La chemcial 18500 Supplies 050-9000-450.33-30 2,163.93 2,163.93 73339 11/23/05 Law offices of william g wheatley, 2661 Attorney fees 020-2200-419.30-90 2,769.57 2,769.57 73340 11/23/05 Lincoln life REQUEST 11/22/5 11/24/05 deferred comp 085-0000-202.21-29 110.00 110.00 73341 11/23/05 Local government commission 22152-05-M 11/05-11/06 dues 010-1700-417.30-16 75.00 75.00 73342 11/23/05 Martinez, casey REQUEST 11/15/5 Reim credit acct#00000642 050-0000-308.09-10 56.48 56.48 73343 11/23/05 Matt chlor inc. 1518 Supplies 050-9000-450.33-30 1,524.15 1,524.15 73344 11/23/05 Mayers glass 6/27/05 STMT Window repair/modular 010-1700-417.33-10 267.10 267.10 73345 11/23/05 Merrill, roark REQUEST 11/15/5 Reim credit acct#10015042 050-0000-308.09-10 31.38 31.38 73346 11/23/05 Mission uniform services, inc. S 52763 Uniform supplies 010-4150-410.21-35 3.40 158.92 17972462 Uniform supplies 055-4170-450.21-35 12.76 17972462 Uniform supplies 050-9000-450.21-35 31.81 17973363 Uniform supplies 010-4150-410.21-35 50.99 17972469 Uniform supplies 010-7400-425.34-05 43.04 17973361 Uniform supplies 010-4150-410.21-35 5.64 17973361 Uniform supplies 010-7100-410.21-35 5.64 17973361 Uniform supplies 050-9000-450.21-35 5.64 Page 18 City of San Jacinto Date: 12/01/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 73347 11/23/05 Murillo,jose REQUEST 11/15/5 Reim wat dep# 10006079 050-0000-229.08-70 19.92 19.92 73348 11/23/05 Nextel communications REQUEST 10/10/5 10/05 cellular 010-1110-411.35-17 81.96 81.96 73349 11/23/05 Office depot 312723654-001 Tv/vcr stand 010-1400-414.40-01 123.44 123.44 73350 11/23/05 Pacific trades REQUEST 11/15/5 Reim wat dep#00000490 050-0000-229.08-70 180.00 180.00 73351 11/23/05 Parker, ron and michelle REQUEST 11/15/5 Reim credit acct#00001279 050-0000-308.09-10 62.90 62.90 73352 11/23/05 Party planners 1037 10/17/05 sub committee 010-4100-410.21-10 240.00 404.00 1039 11/3/05 sub committee 010-4100-410.21-10 164.00 73353 11/23/05 Pierce plumbing 32000 Supplies 010-1700-417.33-10 50.41 966.33 32483 Supplies 010-4150-410.33-30 29.58 32485 Supplies 010-4150-410.33-10 58.57 32388 Supplies 050-9000-450.21-80 63.78 32391 Supplies 010-7100-410.21-80 45.84 32394 Supplies 010-4150-410.33-30 26.27 32395 Supplies 055-4170-450.33-30 50.14 32396 Supplies 055-4170-450.33-30 131.66 32399 Supplies 050-9000-450.33-30 36.44 32403 Supplies 010-7100-410.21-80 102.51 32480 Supplies 010-7100-410.21-80 54.81 32479 Supplies 050-9000-450.33-30 72.65 32489 Supplies 050-9000-450.33-30 68.82 32492 Supplies 010-7100-410.33-30 58.94 32494 Supplies 050-9000-450.33-30 38.11 32496 Supplies 010-4150-410.33-50 16.29 32497 Supplies 050-9000-450.33-30 11.07 32499 Supplies 050-9000-450.33-30 14.04 32501 Supplies 010-4150-410.33-50 36.40 73355 11/23/05 Pins and needles embroidery 4176 Uniform supplies 010-3300-431.21-35 335.10 421.30 4177 Uniform supplies 010-3300-431.21-35 86.20 73356 11/23/05 Pip printing 80709 Office supplies 010-4100-410.21-10 10.99 10.99 Page 19 City of San Jacinto Date: 12/01/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 73357 11/23/05 Press enterprise 9/1/05 STMT Advertisement 010-1700-417.36-25 1,677.92 3,898.22 9/1/05 STMT Advertisement 096-1700-417.36-25 1,525.50 9/1/05 STMT Advertisement 010-3320-431.21-10 308.80 9/1/05 STMT Advertisement 050-9000-450.33-30 154.40 9/1/05 STMT Advertisement 010-2510-425.40-14 231.60 73358 11/23/05 Quality auto parts D794628 Supplies 050-9000-450.33-50 4.83 33.69 D796135 Supplies 055-4170-450.33-50 11.10 D796263 Supplies 050-9000-450.33-50 1.61 D796638 Supplies 055-4170-450.33-50 16.15 73359 11/23/05 Rayne water conditioning, inc. 20406 Water service 024-3100-431.33-50 910.80 910.80 73360 11/23/05 Reliable DYV32501 Office supplies 010-4100-410.21-10 38.89 2,409.50 DYV32501 Office supplies 010-1100-411.21-10 10.36 DYY32502 Office supplies 010-2500-425.21-10 303.21 DZJ55300 Office supplies 010-1400-414.21-10 430.26 DZJ55300 Office supplies 010-2500-425.21-10 239.64 DZC88500 Office supplies 010-1400-414.21-10 49.74 SYT62400 Office supplies 010-1700-417.21-10 126.01 SYT62400 Office supplies 010-3300-431.21-10 251.98 XPT72300 Office supplies 010-3300-431.21-10 145.78 XPT72301 Office supplies 010-2500-425.21-10 78.85 XM792801 Office supplies 010-1700-417.21-10 302.22 XMM95501 Office supplies 010-4150-410.21-10 54.27 XMM95501 Office supplies 010-7100-410.21-10 54.27 I XMM95501 Office supplies 050-9000-450.21-10 54.27 XM792801 Office supplies 010-3300-431.21-10 215.49 I XMM95501 Office supplies 010-4200-410.21-10 54.26 73362 11/23/05 1Rightway REQUEST 11/1/05 Portable toilet/trustees 010-3100-431.34-05 182.50 182.50 73363 11/23/05 (Rodger,judy REQUEST 11/15/5 Reimburse travel expense 050-1400-414.31-20 128.87 386.62 REQUEST 11/15/5 Reimburse travel expense 055-1400-414.31-20 128.87 Page 20 City of San Jacinto Date: 12/01/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 73363... 11/23/05... Rodger, judy... REQUEST 11/15/5 Reimburse travel expense 059-1400-414.31-20 128.88 386.62... 73364 11/23/05 S.c.a.c.e.o. REQUEST 11/15/5 Membership dues 010-3320-431.30-16 100.00 100.00 73365 11/23/05 San jacinto ry REQUEST 11/9/05 Reim wat dep#20052548 050-0000-229.08-70 180.00 180.00 73366 11/23/05 Shannon richardson and cross, za LETTER OF 10/27 Settlement 020-2200-419.30-90 15,000.00 15,000.00 73367 11/23/05 Smart &final 245025 Supplies 010-3300-431.21-10 47.29 183.37 245025 Supplies 096-1700-417.21-10 47.28 245025 Supplies 010-1700-417.21-10 47.28 23617 Supplies 010-1700-417.21-10 13.84 23617 Supplies 010-3300-431.21-10 13.84 23617 Supplies 096-1700-417.21-10 13.84 73368, 11/23/05 Smith, kimberly REQUEST 11/15/5 Reim wat dep#01160161 050-0000-308.09-10 3.13 3.13 73369 11/23/05 Souper, george REQUEST 11/15/5 Reim wat dep# 00001574 050-0000-229.08-70 158.75 158.75 73370 11/23/05 Spraggs, tina REQEUST 11/15/5 Reim wat dep#20003167 050-0000-308.09-10 126.27 126.27 73371• 11/23/05 Staples credit plan 118061 Office equipment 010-1400-414.40-45 290.90 290.90 73372• 11/23/05 Starner, edward I. 11022005-01 10/03/05-11/02/05 consult 050-9000-450.10-04 750.00 750.00 73373 11/23/05 Stetson engineers inc. 14083 8/05 engineering services 050-9000-450.40-01 4,109.87 10,657.54 14083 08/05 engineering service 052-9000-450.40-01 6,264.82 14083 08/05 engineering service 050-9000-450.30-90 282.85 73374 11/23/05 Tac exterminators of hmt. 327-051101 Pest control 010-7400-425.34-05 60.00 60.00 73375 11/23/05 Tobias, nathan REQUEST 11/15/5 Reim wat dep#00001741 050-0000-229.08-70 48.07 48.07 73376 11/23/05 Trans union Ilc 10564272 10/05 credit check fees 050-1400-414.21-10 50.20 150.60 10564272 10/05 credit check fees 055-1400-414.21-10 50.20 10564272 10/05 credit check fees 059-1400-414.21-10 50.20 73377 11/23/05 Tri buick pontiac gmc BUCS89090 Auto repair 010-3300-431.33-50 949.19 1,949.19 BUCS89090 Auto repair 010-1700-417.33-50 500.00 BUCS89090 Auto repair 010-3320-431.33-50 500.00 73378 11/23/05 Tri-lake consultants, inc. 3542 09/02/05-9/30/05 engnrgn 065-0000-201.08-85 600.00 27,863.98 3542 09/02/05-9/30/05 engnrgn 065-0000-201.08-10 2,600.00 Page 21 City of San Jacinto Date: 12/01/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total 73378... 11/23/05... Tri-lake consultants, inc.... 3542 09/02/05-9/30/05 engnrgn 065-0000-201.08-83 160.00 27,863.98... 3542 09/02/05-9/30/05 engnrgn 010-1700-417.30-90 2,040.00 3542 09/02/05-9/30/05 engnrgn 010-1700-417.30-90 4,040.00 3543 09/02/05-9/30/05 engnrgn 010-1700-417.30-90 1,069.38 3544 09/02/05-9/30/05 code enf 029-8662-417.30-90 7,181.00 3576 Plan check 065-0000-201.06-47 10,173.60 73379 11/23/05 Umali, carlo REQUEST 11/15/5 Reimburse travel expense 096-1700-417.31-20 54.60 163.78 REQUEST 11/15/5 Reimburse travel expense 010-1700-417.31-20 54.59 REQUEST 11/15/5 Reimburse travel expense 010-3300-431.31-20 54.59 73380 11/23/05 United parcel service 000TT8707445 Postage 050-9000-450.33-30 14.23 14.23 73381 11/23/05 Valley service connection 2719 Pemberton-258 w 7th st 099-9700-470.40-01 630.00 26,873.90 2721 Torrence-1600 san jacinto 099-9700-470.40-01 961.33 2722 Bomar-3440 cottonwood #25 099-9700-470.40-01 755.95 2723 Warren-3440 cottonwood d6 099-9700-470.40-01 1,424.21 2823 Deusen-639 attenborough 099-9700-470.40-01 925.59 2825 Kugel-1600 san jacinto142 099-9700-470.40-01 1,350.46 2829 Packard-2230 lake park#5 099-9700-470.40-01 3,000.00 2878 Colangeli-461 santa rosa 099-9700-470.40-01 2,975.65 2880 Linker-1600 san jacinto 099-9700-470.40-01 2,059.16 2882 Cdbg-project#3.sj117 029-8660-410.30-10 9,131.42 2883 Wildhaber-390 w 7th #40 099-9700-470.40-01 2,484.13 2898 10/05 main st clean up 010-7100-410.34-05 808.50 2898 10/05 virgina lee/city 010-2500-425.33-10 367.50 73382 11/23/05 Valley wide recreation REQEUST 11/15/5 10/05 p.a.l. payroll reim 029-8660-410.30-12 1,283.17 1,283.17 73383 11/23/05 Vulcan materials company 414892 Supplies 010-4150-410.33-30 266.12 266.12 73384 11/23/05 W.w. grainger, inc. 441-583535-6 Supplies 050-9000-450.33-30 41.75 41.75 73385 11/23/05 Wahl, staci REQUEST 11/15/5 Reim credit acct#10010072 050-0000-308.09-10 61.14 61.14 73386 11/23/05 Western riverside council REQUEST 11/17/5 10/05 tumf fees 065-0000-201.08-80 318,912.00 318,912.00 73387 11/23/05 Wright septic tank pumping, inc. 59804 Septic pump animal hosp 055-4170-450.33-30 3,150.00 3,150.00 Page 22 City of San Jacinto Date: 12/01/2005 Warrant Register Check Check Date VendorName Invoice Number Description Account Transaction Check Number Number Amount Total , 73388 11/23/05 Xerox corporation 12373143 Lease on copier 010-4200-410.34-05 189.12 365.61 13569873 Lease on copier 010-7400-425.34-05 176.49 Total Checks 1,845,748.96 Page 23 AGENDA ITEM 3k December 1, 2005 TO: The Honorable Mayor and Members of the City Council FROM: Habib Motlagh, City Engineer SUBJECT: Final Tract Map 32053-1 — CNH Homes IV, LTD RECOMMENDATION: By motion: 1) approve final tract map 32053-1 for recordation; 2) authorize the Mayor to sign final tract map 32053-1; 3) authorize the City Manager to execute the subdivision agreement; and 4) authorize the City Clerk to release the final map for recordation. BACKGROUND: Final Tract Map 32053-1 is a 50.50 acre subdivision consisting of 95 residential lots, located south of First Street between Camino Los Banos and Ramona Expressway. The subdivision securing the improvements in the amount of $2,052,251. Additional bonding security (rider) will be submitted prior to release of final map for recordation for offsite sewer ($200,000) and storm drain ($250,000). The subdivision agreement follows the City Attorney's template provided for City use. Typically, prior to recordation of the final map, we request completion of annexation to LLPD No. 2, CFD 2003-1, and AD 2003-1, as well as approval of all on and offsite improvement plan. In this case, since the original property owner is not consenting to annexation to the special district, the map has tote recorded first. Also, there are offsite sewer and storm drain improvement which are not completed as of the date of this report. The developer is aware that no building or grading permits will be issued until completion of these outstanding issues. Approvals Cite Manager:__ C;39 Finance Director: Page 1 of 2 JUSTIFICATION: Final Tract Map 32053-1 has complied with the requirements of the Subdivision Map Act and the City of San Jacinto Subdivision Ordinance. Final Conditions of Approval will be met prior to issuance of grading or building permits. BUDGETARY IMPACT: Developer has paid the plan check and inspection fees associated with the review and approval of the final map and improvement plans. ATTACHMENTS: 1) Final Tract Map 32053-1 2) Subdivision Agreement Page 2 of 2 RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: CITY OF SAN JACINTO- 201 E. Main Street San Jacinto,Ca 92583 ATTN: City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recording fee,per Government Code Section 6103 CITY OF SAN JACINTO,CALIFORNIA By: City Clerk AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS FINAL TRACT MAP 32053-1 between THE CITY OF SAN JACINTO A California Corporation and CNH HOMES V, A NEVADA LLC RVPUBUS B\655491 AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS FINAL TRACT MAP 32053-1 I. PARTIES AND DATE. This Agreement for the Completion of Public Improvements("Agreement")is entered into as of this day of , 2005, by and between the City of San Jacinto, a California municipal corporation ("City") and CNH Homes V, a Nevada LLC, with their principal office located 2091 W. Florida Ave., Ste. 140,Hemet, CA 92545 ("Developer"). City and Developer are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." II. RECITALS. A. On 200_, Owner submitted to City an application for approval of a tentative tract map for real property located within City, a legal description of which is attached hereto as Exhibit"A"("Property"). The tentative tract map was prepared on behalf of Developer by Blaine A. Womer Civil Engineering and is identified in City records as Tract Map No. 32053. B. Developer's application for Tentative Tract Map 32053 was deemed complete on , 200_. On , 200_, the San Jacinto Planning Commission conditionally approved Developer's application for Tentative Tract Map No. 32053. C. Developer has not completed all of the work or made all of the public improvements required by San Jacinto's Municipal Code Section 16.24, the Subdivision Map Act (Government Code sections 66410 et semc.)("Map Act"),the conditions of approval for Tract No.32053-1,or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land. D. Pursuant to Section San Jacinto Municipal Code Section 16.24.010 (B) and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the public improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for Tract No. 32053-1. E. Developer's execution of this Agreement and the provision of the security are made in consideration of City's approval of the final map for Tract No. 32053-1. III. TERMS. 1.0 Effectiveness. This Agreement shall not be effective unless and until all three of the following conditions are satisfied: (a)Developer provides City with security of the type and in the amounts required by this Agreement; (b) Developer executes and records this Agreement in the RVPUB\MXM\606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 2 OF 14 (Updated:February,2001) Recorder's Office of the County of Riverside; (c) the City Council of the City ("City Council") approves the final map for Tract No. 32053-1 and(d) Developer records the Final Tract Map No. 32053-1 in the Recorder's Office of the County of Riverside. If the above described conditions are not satisfied, this Agreement shall automatically terminate without need of further action by either City or Developer, and Developer may not thereafter record the final map for Tract No. 32053-1. 2.0 Public Improvements. Developer shall construct or have constructed at its own cost, expense,and liability all improvements required by City as part of the approval of Tract No. 32053- 1,including,but not limited to,all grading,roads,paving,curbs and gutters,pathways,storm drains, sanitary sewers,utilities,drainage facilities,traffic controls, landscaping, street lights,and all other required facilities as shown in detail on the plans, profiles, and specifications which have been prepared by or on behalf of Developer for Tract Map No. 32053-1 ("Public Improvements"). The Public Improvements are more specifically described in Exhibit "B," which is attached hereto and incorporated herein by this reference. Construction of the Public Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. The Developer shall be responsible for the replacement,relocation,or removal of any component of any irrigation water system in conflict with the construction or installation of the Public Improvements. Such replacement,relocation,or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such water system. Developer further promises and agrees to provide all equipment,tools,materials,labor,tests,design work,and engineering services necessary or required by City to fully and adequately complete the Public Improvements. 2.1 Prior Partial Construction of Public Improvements. Where construction of any Public Improvements has been partially completed prior to this Agreement, Developer agrees to complete such Public Improvements or assure their completion in accordance with this Agreement. 2.2 Permits; Notices; Utility Statements. Prior to commencing any work, Developer shall,at its sole cost,expense,and liability,obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations,rules,and other requirements contained in any permit or license issued to Developer. Prior to commencing any work, Developer shall file a written statement with the City Clerk and the City Engineer, signed by Developer and each utility which will provide utility service to the Property, attesting that Developer has made all deposits legally required by the utility for the extension and provision of utility service to the Property. 2.3 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans and specifications for such Public Improvement have been submitted to and approved by the City Engineer, or his or her designee. Approval by the City Engineer shall not relieve Developer from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement. RVPUB\MXM\606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 3 OF 14 (Updated:February,2001) 2.4 Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal,state and local laws,ordinances,regulations,codes,standards,and other requirements. The Public Improvements shall be completed in accordance with all approved maps,plans,specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced. 2.5 Standard of Performance. Developer and its contractors,if any,shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner,and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses,permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement. 2.6 Alterations to Improvements. The Public Improvements in Exhibit "B" are understood to be only a general designation of the work and improvements to be done, and not a binding description thereof All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the Public Improvements,Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer's surety for this Agreement. 3.0 Maintenance of Public Improvements and Landscaping. City shall not be responsible or liable for the maintenance or care of the Public Improvements until City approves and accepts them. City shall exercise no control over the Public Improvements until accepted. Any use by any person of the Public Improvements, or any portion thereof,shall be at the sole and exclusive risk of the Developer at all times prior to City's acceptance of the Public Improvements. Developer shall maintain all the Public Improvements in a state of good repair until they are completed by Developer and approved and accepted by City, and until the security for the performance of this Agreement is released. Maintenance shall include, but shall not be limited to,repair of pavement,curbs, gutters, sidewalks,signals,parkways,water mains,and sewers;maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping,repairing, and maintaining in good and safe condition all streets and street improve- ments. It shall be Developer's responsibility to initiate all maintenance work,but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work RVPUB\MXM\606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 4 OF 14 (Updated:February,2001) necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance. 4.0 Construction Schedule. Unless extended pursuant to this Section 4.1 of this Agreement, Developer shall fully and adequately complete or have completed the Public Improvements within twelve(12)months following approval of the final map for Tract No.32053-1. 4.1 Extensions. City may,in its sole and absolute discretion,provide Developer with additional time within which to complete the Public Improvements. It is understood that by providing the security required under Section 13.0 et seq.of this Agreement,Developer and its surety consent in advance to any extension of time as may be given by City to Developer, and waives any and all right to notice of such extension(s). Developer's acceptance of an extension of time granted by City shall constitute a waiver by Developer and its surety of all defense of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder. In addition,as consideration for granting such extension to Developer,City reserves the right to review the provisions of this Agreement, including,but not limited to,the construction standards,the cost estimates established by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City's reasonable discretion. 4.2 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Developer has provided the City Engineer with written notice of Developer's intent to abandon or otherwise not complete required or agreed upon Public Improvements. 5.0 Grading. Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of Tract No.32053-1 shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements, including City's grading regulations. In order to prevent damage to the Public Improvements by improper drainage or other hazards,the grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement,and prior to City' s approval and acceptance of the Public Improvements and release of the Security as set forth in Section 13.0 et sec. of this Agreement. 6.0 Utilities. Developer shall provide utility services, including water,power, gas, and telephone service to serve each parcel, lot, or unit of land within Tract No. 32053-1 in accordance with all applicable federal,state,and local laws,rules,and regulations,including,but not limited to, the regulations, schedules and fees of the utilities or agencies providing such services. Except for commercial or industrial properties,Developer shall also provide cable television facilities to serve each parcel,lot,or unit of land in accordance with all applicable federal,state,and local laws,rules, and regulations, including, but not limited to, the requirements of the cable company possessing a RVPUB\MXM\606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 5 OF 14 (Updated:February,2001) valid franchise with City to provide such service within City's jurisdictional limits. All utilities shall be installed underground. 7.0 Fees and Charges. Developer shall,at its sole cost,expense,and liability,pay all fees, charges,and taxes arising out of construction of the Public Improvements,including,but not limited to, all plan check,design review, engineering, inspection, and other service fees, and any impact or connection fees established by City ordinance,resolution,regulation,or policy,or as established by City relative to Tract No. 32053-1. 8.0 City Inspection of Public Improvements. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements,maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur. 9.0 Default;Notice; Remedies. 9.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation,term,or condition of this Agreement,or if City determines there is a violation of any federal, state, or local law,ordinance,regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety,or both,to immediately remedy the default or violation ("Notice"). Developer shall substantially commence the work required to remedy the default or violation within ten (10) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice verbally, and Developer shall substantially commence the required work within twenty-four(24)hours thereof. Immediately upon City's issuance of the Notice, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs expenses as provided for in Section 10.0 of this Agreement. 9.2 Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to City within the time frame contained in the Notice,City may complete all remaining work,arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost,expense,and liability of Developer and its surety,without the necessity of giving any further notice to Developer or surety. City's right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any,or none of the required or agreed upon Public Improvements at the time of City's demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing,if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Developer or its surety the full cost and expense incurred. RVPUB\MXM\606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 6 OF 14 (Updated:February,2001) 9.3 Other Remedies. No action by City pursuant to Section 9.0 et seq. of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal,state,or local law. City may exercise it rights and remedies independently or cumulatively,and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance. 10.0 Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses,fees,and costs,including reasonable attorney's fees and costs,incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law. 11.0 Acceptance of Improvements; As-Built or Record Drawings. If the Public Improvements are properly completed by Developer and approved by the City Engineer,and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements,the City Council shall be authorized to accept the Public Improvements. The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer's obligation to complete the remainder of the Public Improvements within the time required by this Agreement. Upon the total or partial acceptance of the Public Improvements by City,Developer shall file with the Recorder's Office of the County of Riverside a notice of completion for the accepted Public Improvements in accordance with California Civil Code section 3093,at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefor. If Tract No. 32053-1 was approved and recorded as a single phase map, City shall not accept any one or more of the improvements until all of the Public Improvements are completed by Developer and approved by City. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City's acceptance or approval of any Public Improvements. Notwithstanding the foregoing,City may not accept any Public Improvements unless and until Developer provides one(1) set of"as-built" or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein. 12.0 Warranty and Guarantee. Developer hereby warrants and guarantees all Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement,including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one(1)year following completion of the work and acceptance by City("Warranty"). During the Warranty,Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements,in accordance with the current ordinances,resolutions,regulations,codes,standards, or other requirements of City,and to the approval of the City Engineer. All repairs,replacements,or RVPUB\MXM\606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 7 OF 14 (Updated:February,2001) reconstruction during the Warranty shall be at the sole cost,expense,and liability of Developer and its surety. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty,Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following City's acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer's warranty obligation under this section shall survive the expiration or termination of this Agreement. 13.0 Security; Surety Bonds. Prior to execution of this Agreement, Developer shall provide City with surety bonds in the amounts and under the terms set forth below("Security"). The amount of the Security shall be based on the City Engineer's approximation of the actual cost to construct the Public Improvements, including the replacement cost for all landscaping("Estimated Costs"). If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer shall adjust the Security in the amount requested by City. Developer's compliance with this provision (Section 13.0 et seq.) shall in no way limit or modify Developer's indemnification obligation provided in Section 16.0 of this Agreement. 13.1 Performance Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement,to protect City if Developer is in default as set forth in Section 8.0 et seq. of this Agreement,and to secure Developer's one-year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condition, Developer shall provide City a faithful performance bond in the amount of Two Million Fifty Two Thousand Two Hundred Fifty One Dollars and No Cents ($2,052,251.00), which sum shall be not less than one hundred percent (100%) of the Estimated Costs. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract No. 32053-1, and the total remaining security is not less than twenty-five percent (25%) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 12.0 of this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract No. 32053-1. 13.2 Labor&Material Bond. To secure payment to the contractors,subcontractors, laborers,material men,and other persons furnishing labor,materials,or equipment for performance of the Public Improvements and this Agreement,Developer shall provide City a labor and materials bond in the amount of Two Million Fifty Two Thousand Two Hundred Fifty One Dollars and No Cents ($2,052,251.00), which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The security provided under this section may be released by written authorization of the City Engineer after six (6)months from the date City accepts the final Public Improvements. The amount of such security shall be reduced by the total of all stop notice or mechanic's lien claims of which City is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of City's anticipated administrative and legal expenses arising out of such claims. RVPUB\MXM\606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 8 OF 14 (Updated:February,2001) 13.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best's rating of no less than A:VIII, shall be licensed to do business in California, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, the Developer or its surety shall secure the costs and reasonable expenses and fees, including reasonable attorney's fees and costs,incurred by City in enforcing the obligations of this Agreement. The Developer and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements,or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security. 13.4 Evidence and Incorporation of Security. Evidence of the Security shall be provided on the forms set forth in Exhibit"C",unless other forms are deemed acceptable by the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City,the forms and evidence of the Security shall be attached hereto as Exhibit"C"and incorporated herein by this reference. 14.0 Monument Security. Prior to City's execution of this Agreement, to guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot corners, and street centerline monuments for Tract No. 32053-1 in compliance with the applicable provisions of City's Municipal and/or Development Code ("Subdivision Monuments"), Developer shall deposit cash with City in the amount of Eight Thousand Seven Hundred Fifty Dollars and no cents ($8,750.00),which sum shall not be less than one hundred percent(100%)of the costs of setting the Subdivision Monuments as determined by the City Engineer. Said cash deposit may be released by written authorization of the City Engineer after all required Subdivision Monuments are accepted by the City Engineer,City has received written acknowledgment of payment in full from the engineer or surveyor who set the Subdivision Monuments, and provided Developer is not in default of any provision of this Agreement or condition of approval for Tract No. 32053-1. 15.0 Lien. To secure the timely performance of Developer's obligations under this Agreement, including those obligations for which security has been provided pursuant to Sections 13.0 et se . and 14.0 of this Agreement,Developer hereby creates in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose. As to Developer's default on those obligations for which security has been provided pursuant to Sections 13.0 et semc. and 14.0 of this Agreement,City shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this section. 16.0 Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials,officers,employees,and agents from any and all actual or alleged claims,demands, causes of action, liability, loss,damage,or injury,to property or persons,including wrongful death, 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 any acts,omissions,negligence,or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this RVPUB\MXM\606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 9 OF 14 (Updated:February,2001) 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 Agency, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of 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 Agency as determined by a court or administrative body of competent jurisdiction. Consultant's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by Agency, its elected officials, officers, employees, or agents. 17.0 Insurance. 17.1 Types;Amounts. Developer shall procure and maintain,and shall require its contractors to procure and maintain,during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below("Required Insurance"). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit. 17.1.1 General Liability. Developer and its contractors shall procure and maintain occurrence version general liability insurance,or equivalent form,with a combined single limit of not less than $1,000,000 per occurrence for bodily injury, personal injury, and property damage. 17.1.2 Business Automobile Liability. Developer and its contractors shall procure and maintain business automobile liability insurance, or equivalent form,with a combined single limit of not less than$1,000,000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible. 17.1.3 Workers'Compensation. Developer and its contractors shall procure and maintain workers' compensation insurance with limits as required by the Labor Code of the State of California and employers' liability insurance with limits of not less than $1,000,000 per occurrence, at all times during which insured retains employees. 17.1.4 Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than$1,000,000 per occurrence,shall be procured and maintained for a period of five (5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability. 17.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, RVPUB\ XM\606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 10 OF 14 (Updated:February,2001) agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses. 17.3 Additional Insured; Separation of Insureds. The Required Insurance shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Developer or its contractors,including materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insureds provisions,and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers. 17.4 Primary Insurance;Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City,its elected officials, officers, employees, agents, and volunteers. All policies for the Required Insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy. 17.5 Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 17.6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended,voided,reduced,canceled,or allowed to expire except on 30 days'prior written notice to City. 17.7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A:VIII. 18.0 Signs and Advertising. Developer understands and agrees to City's ordinances, regulations,and requirements governing signs and advertising structures. Developer hereby agrees with and consents to the removal by City of all signs or other advertising structures erected,placed, or situated in violation of any City ordinance,regulation,or other requirement. Removal shall be at the expense of Developer and its surety. Developer and its surety shall indemnify and hold City free and harmless from any claim or demand arising out of or incident to signs,advertising structures,or their removal. 19.0 Relationship Between the Parties. The Parties hereby mutually agree that neither this RVPUB\MXM\606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 11 OF 14 (Updated:February,2001) Agreement, any map related to Tract No. 32053-1, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership,joint venture, or agency between City and Developer. Developer's contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City. 20.0 General Provisions. 20.1 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power,right,and authority make this Agreement and bind each respective Party. 20.2 Cooperation;Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary,appropriate, or convenient to attain the purposes of this Agreement. 20.3 Construction;References;Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time,days,or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer,except as otherwise specified in this Agreement. All references to City include its elected officials,officers,employees,agents,and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 20.4 Notices. All notices,demands,invoices,and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice: CITY: DEVELOPER: City of San Jacinto CNH Homes V 201 E. Main Street 2091 W. Florida Ave., Ste. 140 San Jacinto, CA 92583 Hemet, CA 92545 Attn: Community Development Director Attn: Don Newell (909) 487-7330 Depending upon the method of transmittal,notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail. RVPUB\MXM\606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 12 OF 14 (Updated:February,2001) 20.5 Amendment;Modification. No supplement,modification,or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 20.6 Waiver. City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein,or City's waiver of any breach of this Agreement,shall not relieve Developer of any of its obligations under this Agreement,whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional. Developer agrees to waive, as a defense,counterclaim or set off,any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement,as well as the laws,rules,regulations,ordinances or resolutions of City with regards to the authorization,execution or performance of the Public Improvements or this Agreement. 20.7 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate,or transfer,either directly or by operation of law,this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void,and any assignee, hypothecatee,or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. 20.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors,heirs,personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation. 20.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 20.10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 20.11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside,California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394. RVPUB\MXM\606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 13 OF 14 (Updated:February,2001) 20.12 Attorneys'Fees and Costs. If any arbitration,lawsuit,or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property,the prevailing party,whether by final judgment or arbitration award,shall be entitled to and recover from the other party all costs and expenses incurred by the prevailing party,including actual attorneys'fees("Costs"). Any judgment,order,or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Costs,which shall include,without limitation, attorneys' and experts' fees, costs and expenses incurred in the following: (a) post judgment motions and appeals,(b)contempt proceedings,(c)garnishment,levy,and debtor and third party examination, (d) discovery, and (e) bankruptcy litigation. This section shall survive the termination or expiration of this Agreement. 20.13 Counterparts. This Agreement may be ex- utel in counterpart originals, which taken together, shall constitute one and the same instrum: CITY OF SAN JACINTO CNH Ho. • By: .Q 2A4 OCz14_ By: At4a ature) (signature) \ jj Barry McClellan, Latefif14 City Manager President City of San Jacinto ATTEST: By: By: (signature) (signature) Dorothy L. Chouinard City Clerk City of San Jacinto NOTE: DEVELOPER'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S BUSINESS ENTITY. RVPUB\MXM\606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 14 OF 14 (Updated:February,2001) ACKNOWLEDGMENT STATE OF CALIFORNIA } } COUNTY OF R/✓ER5/0E } On Oer. ,- z606— , 2005, before me, zogosegargari99/76d49 the undersigned notary public, personally appeared Zbn/AL� IVE. �JEGL , (x)personally known to me OR ( ) proved to me on the basis of satisfactory evidence to be the personV) whose name(, is/afe subscribed to the within instrument and acknowledged to me that he/sh&they executed the same in his/her/their authorized capacity(-ies-), and that by his/her-Aheir signatureO on the instrument the person(0, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. _ ___ __ //II +. PATRICIA L.EDWARDS ,T29 NOTARY PI RIC•CAIIFORNU N NZerr et , Riverside Canty Signature of Notary �'.*�Aly Comm.Expires Apr.24,2009 CAPACITY CLAIMED BY SIGNER: _Individual(s) Corporate _Partner(s) _Attorney-in-Fact _ Trustee(s) Subscribing Witness _ Guardian/Conservator Other SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) R V PUB\MXM\606513 SUBDIVISION IMPROVEMENT AGREEMENT (Updated:February,2001) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: *""Thomas F. Kerestesi, Mark McKinley, Greg McKinley, Thomas J. Burns, Elizabeth V. Wilson, jointly or severally*"" as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,arc hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November I,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day of February,2005. By David H.Rhodes,Executive Vice-President Q�.S•I•"AND•..POF''• GOMPPO yOP yJ,.cW 0R.4lF;�j ° t, GOP Rq�6 a 10 9 u 1967 a By: SO1 1936 ;`33 2 C' �Pa? Walter A.Crowell,Secretary :•7� 'ow P ,,,.aa�,a </FOP STATE OF CALIFORNIA )SS. COUNTY OF ORANGE On February 1,2005,before mc,Nita G.Hiffmcycr,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names arc subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal. w,♦ �.A_• ti /\- - - - " - a �., NITA G.HIFFMEYER .,,y L; COMM.#1543481 • g NOTARY PUBLIC CALIFORNIA 0 a n� ll" ORANGE COUNTY N Si�naturc 11 My comm.exalres Jan 10.2009)C CERTIFICATE The undersigned,as Executive Vice-President, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 1 3thdy of October 2005 �-- ., Bond No. 863974S By c �' /(-18-Artir\ David L.Kerrigan,Executive Vice-President ID-1380(Rev.2/05) STATE OF CALIFORNIA } } COUNTY OF ,Q/�/A-R5j, } On OzT /7> ZO05 , 2005, before me, , 3977t2/G'/A L . �j�/v, 2L15 , the undersigned notary public, personally appeared ?�DM�I LD /1/�L�JEG.L , - personally known to me -persei whose name/is/ere subscribed to the within instrument and acknowledged to me that he/shc/thcy executed the same in his/hr414eir authorized capacity(.ies}, and that by his/weir signaturefeal on the instrument the person, , or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. .t ^"+ � PATRICIA I.EDWARDS < ROTAR�, 572793OANIA —7.ir-7/e—,4(1 • ` 'A E Riverside County My Comm.Expires Apr.24,2009 E Signature of Notary CAPACITY CLAIMED BY SIGNER _Individual(s) Corporate _Partner(s) _Attorney-in-Fact _ Trustee(s) _ Subscribing Witness _ Guardian/Conservator Other SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) RVPUB\MXM\606513 SUBDIVISION IMPROVEMENT AGREEMENT A-1 (Updated:February,2001) EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY TRACT NO. 32053-1 RVPUB\MXM\606513 A-2 SUBDIVISION IMPROVEMENT AGREEMENT (Updated:February,2001) EXHIBIT "B" LIST OF PUBLIC IMPROVEMENTS TRACT NO. 32053-1 Street Improvement $1,445,376.00 Water Improvements $ 231,380.00 Sewer Improvements $ 207,660.00 Landscape Improvements $ 167,835.00 Total: $2,052,251.00 RVPUB\NOW606513 SUBDIVISION IMPROVEMENT AGREEMENT BA (Updated:February,2001) BOND NUMBER: 863974S EXHIBIT "C" SURETY BONDS AND OTHER SECURITY TRACT NO. 32053-1 As evidence of understanding the provisions contained in this Agreement, and of the Developer's intent to comply with same,the Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto: PERFORMANCE BOND PRINCIPAL AMOUNT: $2, 052, 251 . 00 MATERIAL AND LABOR BOND PRINCIPAL AMOUNT:$2, 052, 251 . 00 INCLUDED CASH MONUMENT SECURITY: $ 5)" °, Amount deposited per Cash Receipt No. io 57 Date: /v/3// -00 S RVPUB\MXM\606513 C-1 SUBDIVISION IMPROVEMENT AGREEMENT (Updated:February,2001) BOND NO. 863974S INITIAL PREMIUM: $32, 836. 00 SUBJECT TO RENEWAL CITY OF SAN JACINTO TRACT MAP NO. 32053-1 IMPROVEMENTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of San Jacinto,California("City")and CNH Homes V,a Nevada LLC ("Developers"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving,curbs and gutters,pathways,storm drains,sanitary sewers,utilities,drainage facilities,traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 32053-1 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated c % , 2005, ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS,Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement,and to guarantee and warranty the Public Improvements constructed thereunder. DEVELOPERS SURETY AND NOW,THEREFORE,Principal and INDEMNITY COMPANY ("Surety"), a corporation organized and existing under the laws of the State of IOWA ,and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of Two Million Fifty Two Thousand Two Hundred Fifty One Dollars and No Cents($2,052,251.00),said sum being not less than one hundred percent(100%)of the total cost of the Public Improvements as set forth in the Improvement Agreement,we bind ourselves,our heirs, executors and administrators,successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such,that if Principal,his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants,conditions,agreements,guarantees,and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent RVPUB\MXM\606513 SUBDIVISION IMPROVEMENT AGREEMENT C-2 (Updated:February,2001) and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby,and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,incurred by City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. Surety, for value received,hereby stipulates and agrees that no change,extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans,profiles, and specifications related thereto,or to the Public Improvements to be constructed thereunder,shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. This bond is executed and filed to comply with Section 66499 et seq. of the Government Code of California as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements. IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at Las Vegas, Nevada , this 13thday of October , 2005 . CNH HO 1:S V,' DEVELOPERS SURETY AND a Nevad L I EMNITY COMPANY Principal 1, S r, By: ` Pres ent rney-in-Fact p.3 CU) 1V t A .'VI IZABETH V. WILSON__ (print name) (print name) NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND. RVPUB\MXM\606513 SUBDIVISION IMPROVEMENT AGREEMENT C-3 (Updated:February,2001) STATE OF CALIFORNIA } } COUNTY OF ///ERS/,DET } On Gar. /7, 2DD5 , 2005, before me, f�ATi�21G�/f� L , Ej,)/fjj, j)S , the undersigned notary public, personally appeared bbAJAG , — personally known to me 9R to be the person(4 whose names) is/aye subscribed to the within instrument and acknowledged to me that he/fey executed the same in his/hor,4144ir authorized capacity(ies), and that by his/heir signature(s4 on the instrument the person 4, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. 3 -�� PATRICIA L.EDWARDS e Comm.11512ls3 �"rA, NOTARY PUSUC•CALIFORNIA r Rirenide County �My Comm.Expires Apr,24,2009 Signature of Notary CAPACITY CLAIMED BY SIGNER _Individual(s) _Corporate _Partner(s) _Attorney-in-Fact _ Trustee(s) Subscribing Witness _ GuardianiConservator Other • SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) State of NEVADA County of CLARK On the 13th day of October , in the year 2005 ,before me personally appeared ELIZABETH V. WILSON , known to me to be the Attorney-in-Fact of the DEVELOPERS SURETY AND INDEMNITY COMPANY that executed the within Instrument, known to me to be the person who executed the within Instrument,on behalf of the Corporation,therein names, and acknowledged to me that such Corporation executed the same. !Lid 127 . 6170/7/A__. �. GINA M. NOAHR - r Notary� Public-State of Yevada '' 1 'Y`_4 County d Clark `' GIN'M.HonHR My commission expires November 08, 2005 .,0.yam. ► + '+';:,;: November 9,zoos P ALL-PURPOSE ACKNOWLEDGMENT 1 1 1 State of California I ss. I County of /r/l"Ei45/De 1 On C!T /7 2005 before me, ,4'7R/d/t' L. • EL)/J �'D.5 I 1 / (DATE) (NOTARY) personally appeared bDAJ/9Lh At/ ze)LL. $ I SIGNER(S) / � v personally known to me - OR - El proved to me on the basis of satisfactory � I evidence to be the personae') whose name() I 1 is/afe subscribed to the within instrument and I acknowledged to me that he/shc/thoy executed � I the same in his/hzF- t-hf authorized 1 capacity(4e-s), and that by his/her/their / 1 I I signatures(8) on the instrument the person(1, I or the entity upon behalf of which the I person(,/ acted, executed the instrument. I I I ,J, ��^`;�- _ -PATRICIA t.EDWAROS_ _-J' I /°, 9 Cmn.t1512193 ' + .^hil NOTARRiPUBLIe CounryORNIA f� WITNESS my hand and official seal. I I '� R My Comm.Expires Apr.24,2009 I 1 ss ,L/ I 1 $ I I OPTIONAL. INFORMATION I The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- 1 I edgment to an unauthorized document. I � CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT � 1 H INDIVIDUAL 1 ❑ CORPORATE OFFICER 6a8Dl til on) YIPIoilefflE&I'r AxSRFen1En)T' I I TITLE OR TYPE OF DOCUMENT $ $ TITLE(S) I I 11 PARTNER(S) G-3 I I I ❑ ATTORNEY-IN-FACT NUMBER OF PAGES I • ❑ TRUSTEE(S) I ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT I ❑ OTHER: I I I 1 I 1 OTHER I I I I zt I I SIGNER IS REPRESENTING: RIGHT THUMBPRINT g I $ NAME OF PERSON(S)OR ENTITY(IES) a I OF E CNN I+OMES V, A NEVADA LC - SIGNER 12 1 I I • APA 5/99 VALLEY-SIERRA, 800-;6?-$;h9 11 BOND NO. 863974S INITIAL PREMIUM: $32, 836. 00 SUBJECT TO RENEWAL CITY OF SAN JACINTO TRACT MAP 32053-1 IMPROVEMENTS LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of San Jacinto,California("City")and CNH Homes V,a Nevada LLC ("Developer"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving,curbs and gutters,pathways,storm drains,sanitary sewers,utilities,drainage facilities,traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 32053-1 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated - / , 2005 ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials,provisions,or other supplies,or terms used in,upon, for,or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 15 (commencing with section 3082) of Part 4 of Division 3 of the California Civil Code, with respect to such work or labor,that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. DEVELOPERS SURETY AND NOW, THEREFORE, Principal and INDEMNITY COMPANY ("Surety"), a corporation organized and existing under the laws of the State of IOWA , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials,provisions, and other supplies used in, upon, for or about the performance of the Public Improvements,and all persons,companies or corporations renting or hiring teams,or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid RVPUB\MXM\606513 C-4 SUBDIVISION IMPROVEMENT AGREEMENT (Updated:February,2001) excepting the Principal, the sum of Two Million Fifty Two Thousand Two Hundred Fifty One Dollars and No Cents ($2,052,251.00), said sum being not less than 100% of the total cost of the Public Improvements under the terms of the Improvement Agreement,we bind ourselves,our heirs, executors and administrators,successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal,his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials,provisions, or other supplies or machinery used in,upon, for or about the performance of the Public Improvements,or for work or labor thereon of any kind,or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted,withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor,and all other applicable laws of the State of California and rules and regulations of its agencies,then said Surety will pay the same in or to an amount not exceeding the sum specified herein. As part of the obligation secured hereby,and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,incurred by City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. This bond is executed and filed to comply with Section 66499 et seq.of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for construction of the Public Improvements or performance of the Improvement Agreement. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies,and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the California Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Surety, for value received,hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto,or to the Public Improvements to be constructed thereunder,shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. RVPUB\MXM\606513 C-S SUBDIVISION IMPROVEMENT AGREEMENT (Updated:February,2001) IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at Las Vegas, Nevada this 1 3th day of October , 2005 , CNH HOME V, D ELOPERS SURETY AND A Nevada LL INDEMNITY COMPANY 1 Principal Sur y )4.4By: By: President orney- n Fact DLL t\-1.4) �J,v ELIZABETH V. WILSON (print name) (print name) NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND. RVPUB\MXM\606513 C-6 SUBDIVISION IMPROVEMENT AGREEMENT (Updated:February,2001) State of NEVADA County of CLARK On the 13th day of October , in the year 2005 , before me personally appeared ELIZABETH V. WILSON , known to me to be the Attorney-in-Fact of the DEVELOPERS SURETY AND INDEMNITY COMPANY that executed the within Instrument, known to me to be the person who executed the within Instrument,on behalf of the Corporation, therein names, and acknowledged to me that such Corporation executed the same. :Votary Public-State of',Ievarta IV: GINA M.cNOAHR GINA M. NOAHR - • 0 ' Wry Appointment Expires November 8,2005 "°01"'2301"i AMENDEDMy commission expires November 08, 2005 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Thomas F. Kerestesi, Mark McKinley, Greg McKinley, Thomas J. Burns, Elizabeth V. Wilson, jointly or severally*** as their true and lawful Attomcy(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorneys)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,arc hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day of February,2005. By: ,r .l'ANp MPANI' David H.Rhodes,Executive Vice-President Sq FO , O F O p,P0 co 09' ou :112: OCT. F ':<c Z 2 OCT.5 �c) T E u: 10 : E W 1967 .03 By: sot. 1936 a' oZ CFO C/ P��Pa= Walter A.Crowell,Secretary '-,7 !pyyp,,.44 STATE OF CALIFORNIA )5S. COUNTY OF ORANGE On February I,2005,before me,Nita G.Hiffineyer,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names arc subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal. � NITA G.HIFFMEYER o 'r�Y�24.. COMM.#1543481 y • NOTARY PUBLIC CALIFORNIAv Signature J� l ORANGE COUNTY bw„ MY Comm.expires Jan.10,2009 CERTIFICATE The undersigned,as Executive Vice-President,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,arc in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 1 3 tly of October 2005 ,, By "� Bond No. 863974S David L.Kerrigan,Executive Vice-President ' ID-1380(Rev.2/05) 1 BOND NO. 863974S IfSCibICO. DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed$5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of$100 billion for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch,Suite 200 Irvine,CA 92614 (949)263 3300 www.InscoDico.com ID-1498(Rev.5/03) AGENDA ITEM 1 • 3 December 1, 2005 TO: The Honorable Mayor and Members of the City Council FROM: Habib Motlagh, City Engineer SUBJECT: Final Tract Map 30639 — Artisan Trails, LLC RECOMMENDATION: By motion: 1) approve final tract map 30639 for recordation; 2) authorize the Mayor to sign final tract map 30639; 3) authorize the City Manager to execute the subdivision agreement; and 4) authorize the City Clerk to release the final map for recordation. BACKGROUND: Final Tract Map 30639 is a 13.18 acre subdivision consisting of 57 residential lots, located between Meridian Street ad Washington Avenue and east of Beringer Drive. The subdivision securing the improvements in the amount of $512,016.15 has been submitted and is available for your review at the City Clerk's office. The subdivision agreement follows the City Attorney's template provided for City use. As conditioned of this project, the developer annexed to the city's LLPD No. 2 on April 25, 2005. JUSTIFICATION: Final Tract Map 30639 has complied with the requirements of the Subdivision Map Act, the City of San Jacinto Subdivision Ordinance, and Final Conditions of Approval. All improvement plans have been approved in accordance with the Engineering Conditions of Approval. Approvals Cite Manager: Finance Director: Page 1 of 2 BUDGETARY IMPACT: Developer has paid the plan check and inspection fees associated with the review and approval of the final map and improvement plans. ATTACHMENTS: 1) Final Tract Map 30639 2) Subdivision Agreement Page 2 of 2 IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 1 OF 3 SHEETS TRACT NO. 30639 OWNFY'S_STATrMEI BEING A SUBDIVISION OF A PORTION OF LOT 9 IN TRACT NO. 23963 AS SHOWN BY MAP ON WE KM STATE THAT 00 ARE ME aM11ERS DF TIC LARD INCLUDED FILE IN BOOK 239, PAGES 10 THROUGH 22, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE WMM NNE SWdNSIOM SHOWN NEEON.TIME WE MC TIE ONLY PERSONS COUNTY, CALIFORNIA. • COMET COET IS NECESSARY TO PASS CLEIR TREE To SAR LAMq EMT _RECORDER'S STATEMENT WE CONSENT TO THE MAXIM AND RECORDRA Of THIS SUBDIVISION MAP As SMONH 1WMIM TIE DISTINCTIVE IDRODI ENE. WE HER[TT DEDICATE JAMES W. UNLAND t ASSOCIATES...CIVIL ENGINEERS APRIL 2002 TIED DM DAY Or ZOOS.AT TO PUBLIC USE FOR STREET AND PUIRC UMHTY PURPOSES,LOTS'A' .N ROOM OF MPS. THROUGH'O'.ACCUSER.. WE ALSO NOWAY DEDICATE TO MUSIC USE ME AT PAGE .AT THE ROLR3r Of ME CITY H'PUBLIC UTIUn EASEMENT MD THE LANDSCAPE AGM. LANDSPE EASEMENT AS SHOWN HEREON. TAX COLLECTOR'S CERTIFICATE CLERK Of SMO. NO. SUMECT ONLY TO THE MINE-NERRDICED STREET.RISK mixt AHD PUBLIC I HEIE.Y OMR TINT ACCORDING TO ME RECORDS OF M.5 OFFICE. FEE ACCESS MUTTS AND EASOEMS.'11E HERBY GRANT TO EASTERN MUNICIPAL AS OF T10 OATL THDIE ME NO UEM AGHAST ME PKIPERTY SHOWN WATER DISTINCT('OSAICT)A PERPETUAL EASEMENT AIM RIGHT OF WAY TO ON THE WRIBLI MAP FOR UMPA)STATE,COUNTY,MUNICIPAL,OR LOCAL LAWRY W.1VA I.COUNTY ASSESSOR-CLMR-RECORDER CONSTRUCT,MAINTAIN,ENLARGE.RECONSTRUCT,REMOVE AM RANCE.ORNATE, TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES.EXCEPT TAXES INSPECT.REPAIR.RIMY(AM RELOCATE SLYVEE AND/OR WATER FACILITIES.ALL. OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN BUT MOT ITT AS SCAM ON THIS MAP MIMI THE SUBDIVISION ANO EMDIN='WATER AKI/OR SAYABLE.RICH ARE ES7MTED TOE S . VT: .DEPUTY SEWER EASEMENT'MIRED MOM lOG[IIIER TM TIE TIER OF ACCESS TO AND FROM SAD EASEMENT FOR THE PURPOSE OF EERCISING DIE REEDITS OWED M SAID (MM. GRANTOR RETAILS 1M RIGHT TO USE T12 EASEMENT AREA PROVIDED TAT DATED: •2005 SUBDIVISION GUARANTEE ON SOU.Nor CONSTRUCT CAI ERECT ILFILDMG3.MAs0P.T WALL ON S.MASONRY DMNMI FENCES AND OMER STRUCTURES OR MIOVEIEMES.OR PLAIT MI wow 1REES OR PAIL M.00REU•COUNTY TAX COLLECTOR SHIMS,OR CHANGE ENE SM0ACE GRADE OR INSTALL P0VAIEIT-0AED PREMISS F15T AYERICAN IDLE NSIRAMCE COMPANY MTNOII ENE PROS WRITTEN COSER1 OF THE DRTRCT. NTT DEIUTY ENGINEER'S STATEMENT ARTISAN ERMIA.TIC.A FALRORM LASTED LA RIRY COMPANY BE MUM COMNRTIES.LAC.A FAIEORIM LASTED UMRJTY COMER TAX BOND CERTIFICATE I STATE THAT 1 AM A REGISTEREDMINCERCTRL MINCER Or THE STATEATE OF OF A CORRECTLY REPRESENTS AND T 4 54 MAP COMA TING OF MREE(3) ITS I NERERY CERTIFY TAT A BOAR W THE SUM E$ HAS KEN HUTS U IING A .2A SURVEY IMGE URINES V7 5 - E ECURD AND FILED WITH M BOARD 0 SI.M1IE1MSORT E M COUNTY VSIOII DURING APRTL 140W MIT ALL YOMUIEMIS SHOWN HEREON OF RIVERSDL CAROM,C0110TI1011ED UPON M NriERT E Au ACTUALLY EXIST MC M�POSITIONS ARE CORRECET 51MOWM,OR i.SINIOTA,YANMACNIM M[MQ TAXES,STATE.COIMTY,MUNICPAL OR LOOM..AND ALL SPECIAL ACREE- REENNT BE THEE MONUMENTS WILL. SM CC:MANCE WM ME min Of TIC EMT TO DIABE ASSESSMENTS COLLECTED AS TAXES.WHICH AT THE TIME OF maw Of ME SURVEY TO E RETRACED. TIE SURVEY IS TRUE ARO COMPLETE THIS LEAP WAIN THE COUNTY RECORDER ARE A LAN MANGE SAD MOP- AS SHORN. PUTT BUT KIT TIT PAYABLE AND SAID KIND KM EER MAY APPROVED TRUSTEE IY SLED BOARD OF SUPERVISOR. /- 1'. FAST AIEWN.M TYRE INSURANCE COMPANY,A CALIFORNIA CORPORAT ION, wr[¢ •2003 CASH TAX MCw/m:SIL E. 7DD3 . N AS M1/SEEE MCP DEED OF TRUST RECORO(D FORUM IL 2003,AS M0.24IO2 IN51RUMM KI O O N.M T MO.20-12B727. TICLA RECORDS,RIVERSIDE COUNTY. MNCT ROMO PAN. I f • 04 li-N! CAUFORNIA / 1 'I� CLERK OF 11E BOARD Df SUPERVISORS COMITY TAX COLLECTOR J W.UILARO N.W ` 1!1/L/d[�-13/.W inn.. Ixsn.iwl EEPRESREGISTERED OWL EMON[E2 ENGINEER ,V1 Ha ' U7 MINNM NI �T SECRETARY— T: DEPUTY M" DEPUTY f..r WI° / da jr2 LAT MCLI»A M. IUiIIjB*G CITY FtllrtlfFB'S STATFMF(!I BENEFICIARY EASTERN MUNICIPAL WATER DISTRICT ACCEPTANCE STATEMENT: MIN Of AMRICA NATIONAL ASSOCLROM C MSUS�i10 TOAfrzT1A E T IS)HAVE THAT TRH[SUMMON SHO TRH*ANNEXED WN P emncc n,UNDO DEED OF TRUST EC MARCH 24,2003, 11ERERY STATE THAT ME EASEMENTS ORARED ON THIS MP TOM CONSISTING EREON rs OF THREE(3)THE SAE M IT APPEARED ON TIE + INSTRUMENT OCT 21305-2 3 2I1I.OFFIac( EASTERN MRRCPAL WATER OSTRCT ARE HEREIN'ACCEPTED MID M GRANTEE TENTATIVE MAP;TINT ALL THE PROVISIONS OF M SUBOYITI C MAP U� COMAS TO M RECORDATION THEREOF IT ITS pMY AIlrIMORZED Wi10ER. OCT ANO Of M CTT Of EMI IACMTO ORDINANCE NO.B73 AYE IIIAA�y BEDS COMPL ED WTN AM I AM seisms THAT TIES IMP IS RBEL R SCENT 'TIOMlI[JLL1l NAWNC! IL 0TIC 0 ' /1 - M SHOW wTE1H fI-al xoM DCINTV SEa1ETARY OF INC EASTERN MUNICIPAL WATER DISTRICT AND TIE MED Or —YLI�' T� V ' NOTARY ACKNOWLEDGEMENT DIRECTORS TIEIROF ACTING CITY c STAR or CAUEORMA 1 SIGNATURE OMISSIONS' an.SSAAyMIi�,IAALLrE11e Fog {AEE1-��� A 1 R.C.E.I V Y/L D [-D/2 1 Mf19F M 6-L'r C'I ca geTY OF RENRrsCD6'I.f4 ss ate 33-1i,; ONDUoM.r I.7 COG BEFORE ME.l isf P1.CorvocT) WEARY PUBLIC, PURSUANT TO SECTION BBUB OF M SUMMON MAP ACT.M MOMATURES Of CITY ACCEPTANCE STATEMENT �• ME FOLLOWING OWHDRS OF EASEMENTS AND/OR OMER INTERESTS AVE BEEN PERSONALLY APPEARED r SH.M11 RRs4NAllr MITRED THE CRT Or SAN AACMTO.COUNTY Or RIVERSIDE,STATE OF CAIEORMA NAOMI TO ME(M APPEARED B ME.01.'•Fw_,. I r ) IT AIM TIIR0IDII ITS DULY AUTHORIZED OFFICERS AT A RENNIN MEETING TO E M PERsCMS)WHOSE NME(S)IS/ME SUISCRI7D 10 THE M'INN M EASEMENT FOR ONE DTCM,ELAM OR OMER MEDLAR,N mac Of EASTERN Of 2005,NFREIV APPROVES SAID FINE MAP AND ACCEPTS ME INSTRUMENT AND AC0NO0LEDOED TO ME TAT IE/SIE/AET EXECUTED M MUNICIPAL WATER DISTRICT,PER DOCNET RECORDED*ROOK 43,PAGE 161 OF DEDICATIONS SWAM HEREON FOR MUSIC ROAD. AMC MAY AND SAME N MRL�� AUTHORIZED CAMa A TT((ES).AND THAT GT M MOMS DEEDS. OMS OF SR DE IM 00 COUNTY,CALEOR . LANDSCAPE MAINTENANCE PURPOSES.ME M E ACCEPTANCE OF E arty Or NO SIGNATURE(5)ON M NSTRUIENT M PERSON(S),ON M ENTRY CRY STREETS S COTMOENNT UPON ME COMPLETION OF AU.STREET IMPROVEMENTS UPON BEHALF OF ARCH M PERSON(S)ACTED,EYECUEO ME INSTRUMENT. M LAMENT FOR[RARER OR KITH POE LANES,CONDUITS 00 IACESCROIIMD TAM/TICS AND CALIFORMA HANiffD,�M- 0(MIAL SEAL E0150M COMPANY. ATI MINT RECORDED AUGUST 2 PURPOSES.Ai FAVON OF�N AS INSTRUMENT((',�(�(�5�J1R� DOTED DNS Mr Of 2aos ���(RT i NO.320232 OF OFFICIAL RECORDS Of P RESRE COIMTY,CALIFORNIA.J 1LM1lTV.COURT BUSHES M MAYOR CITY E SAN JACINTO _ MY COMMISSION EXPIRES t lk`I SI.7.DELP PUBLIC WORKS DIRECTOR APPROVAL THE STREET D[DIC HORS All UIV THE MINN EASEMENTS SHOWN ON AST an Of SAN JACINTO 0 NOTARY ACKNOWLEDGEMENT *7*570 MAR ARE IERER7 APPROVED THIS DAT OF 2005. PLANNING COMMISSION STATEMENT THIS IMP,TRACT NO.30B3B MC,IS SIGNANTLY THE SANE AS TENTATIVE CO STATE FORNN. ) S5 MACY MAP IC.30939.SOLO TENTATIVE TRACT MAP WAS APPROVED IT I� /E E PIRLC NORM DIRECTOR.an OF SAN AHy1T0 TINE CRT Of SAN 00007O PLANTAINS COMRSSION ANACCORDANCE WTMN aM •/3tdCD BEFORE MIL E_MYI ___ wormy MILK. M LAW IN A DULY AUMOREED MUTING HELD AUGUST 21.2002. n PEIGONALLKNOWN TOYMrr s(GEB.�R.R,•/PIDiBMEsia-MF+1 PERSONALLY f-eWIMRcc> NOTARY ACKNOWLEDGEMENT �� Cm Of MN.ACINTO•CALIFORNIA. To E ME PERSON(s)WHOSE SAME(5)'MARE SUBSUMED TO ME MEWM INSTRUMENT AND ACKNOWLEDGED To ME TAT 1lTYPWITEY EXECUTED M STATE OF CALIFORNIA ) n • {(�r3[f E ' 2 SALE IN URIMER 1R M0NORTEO CAPAOTY(ES),AND TWAT BY IIIS1AA * COUNrr OF RVERSIE ) - Q �fl� � C TIER SIONTIME(5)ON M INSTRUMENT M PERSON(S),OR M[M1111' 0 04rAl Ma M. /Q�Q �. 2f� /'T\SEA an E SAM THIS _ JJACITO PLANNING 2COMMIE*. UPON MALE OF MBLH TIN PERMS)ACTED,EXECUTED ME MSIRNOT. WR�I R[ Lt` P4000 70T APPrARm OO esaNAUY AS `E • we 4 WIXESS MY OFTICIAL SEAL. ATIOWN TO ME N'.�"" -'�•�'�� _•"`� ^RIlIIE) h Q * li .l._ _Z TOE M RRSW(S)WHOSE NAAE(S)MARE MRSCAED TO M WR111M I �O Y�TR� INSTRUMENT MO ACKNOWLEDGED IO M THAT TH AATTY(HB RR/THEY EXECUTED THE BL/�� (��EZ� ' ` C MT A. COE BUSINESS IS M Is ENE"90M 5)ON Al 7R YM THE PEERSOM(S),AM OTTIC�/ v TYC IV WtN A l 3 WI COMMISSION EXPIRES a00/ UPON EEWF w RICK RE IEISM(S)ACTED,EXECUTED M INSTMRIEMT. MN MY HAD AND OnICMI SEAL. • OF ___S REPORT ` �0?�;1 y ' 'A PRELIMINARY SOILS REPORT WAS PREPARED SY JOIN R.TREY.SKI. E NEGESS S M T EX' ---'/ DATED OCTOBER I.2ROL AS ROMAN[°R'M NCALM Mt SAFETY COOL O MR Al NY COMYISSIOM EXPIRES Apo it hoot u J> CIV I \�' R14-3-4067 IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 2 OF 3 SHEETS ENGINEER'S NM Of ND TRACT NO. 30639 LOT SQ. FOOTAGE: r. THE ROOM Of AVENUE SE TDR TM 4W S THE CENrtBER N CURVE DATA ORMEWASHROOMKD A S ma er n't R 14.9N SWISE0 AND e0aN0[71 R L i LOT NO: S.F. LOT N0: Sc. o9rvr room As Neru'tt•[R 4Le.231/tau. BEING A SUBDIVISION OF A PORTION OF LOT 9 IN TRACT NO. 23963 AS SHOWN BY MAP ON 33 45'�Y• 4am' 37.N' 20.00E r 7,711 S.F. 30 7.131 S.F. 2. TRACT NO.30aN CONTAIN 13.1e GROSS ACID WITHIN 11E 34' scst'az• sax' 42.19' u.sr 2 7,527 S.F. 31 7.4N SF san07M NODG. FILE IN BOOK 239, PAGES 10 THROUGH 22, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE 35 a•5o'9E toasts' I1,43' S.r• 3 7,712 S(. » 7,311 SS. 3. ( ) MOICATES 4L19REU 4 RECORD PLR MIL 239/10-22COUNTY, CALIFORNIA. 0 or:3'm• nam• u2o• 4.Y• 7.205 S.F. 33 7.407 S.F. 37 2rm'00' 2m.m' 9.45' u21• 3 7,205 S.F. 34 9•654 S.F. 4. ( ) INDICATES RECORD DATA PER M.a 239/10-22. s tIr5T02' Aam'/10-22. JAMES W. UNLAND & ASSOCIATES...CIVIL ENGINEERS APRIL 2002 O0.Y' Iats• 7 7,7.203 tr.SS. 34E0 3a 17.0»S.F. 7 S.F. 39 s.F. s f 1•I7'4I• 100.00• 20.00• aka' a 7,205 S.F. 37 7,444 3.1. s. INDICATESDA PER EL RECORD TA a 211/78-80. CURVE DATA Y 04•11EAr MOO' 4.45' 2.22E 10 7,563 S.F. 0 12.338 S.F. 41 37A4'11• 4000E 35.9E 1a33' 9 7,I03 S.F. IS ],w S.F. a • MGM FOUND NONLeEM AS NOTED. 0 100 200 300 400 11 7.740 S.F. Y 12230 SS. R L r 42 Sra'a• a.m' 0.01E 1E02' 13 7,4E Ss. 41 7,475 S.F. 7. Nwilwommm 0 I S LP.RUSH TSOO[D 4Cr 24102 UNLESS 23 2rN'31' 0040 23.Se' 12.03E N LTtSAe' 40.00' 20.12E ILY' 13 9,m7 S.F Y 4en if. OTTE/NMI NOTED. (�'.CO'STD.'Al sc.,F; 1'. 100 24 If0E31' 100.m' 2aY• 12.30' N 1T0'14• 10000' 70.7E 15.Ar 14 E313 Si. 43 12033 S.F. u 14•20•Y' 2r.00' 71.a1' 33.9E 45 STOVE 10am' Y.m' 2Lr' ,3 ],2]9 if. 44 An7 S.F. e. SET NAIL AND TAG STAINED RCE 24112.M TOP OF CLW AT ri 1,b4 S.F. V 0.210 if. Y 0r1YY' I00.m' 14.30' 7.15' PEQDNOATION OF SIDE LOT ONES•EGA AND aC.A(9rv.CO. CURVE DATA b strr's' lam' ir.24• 151.5r 17 13.983 SS. Y 7211 S.F. SOS Y.00.) © /� R L T 27 wort Seam' r.N' Y.b' 47 4r5740• Aa00' 33.9E Ii.r' le 11,323 S.F. 47 7.423 S.F. •"� b 10A2'01• NEW 54.24' 27.2E Y 4ru'm' 1a0D' ».e3' Ian' II 7220 S.F. Y ].Im S.F. 9. SET 1'I.P.TANGO RR 24102,FLUME OR SET NAIL AM TAG 1 2rs 12• •00.m LM70' 119.91' 49 04.1317. 1MOE 7.37' 5.r' IO 10.00 S.F. Y 4.Ob S.F. b 2Tf0IY 100.m' 47,9E 34.2Y R.C.E.24102 M TOP OF CONCRETE DOCK WALL OR M CONCRETE 2r2Yb• 317.00 271.n• 13E51' xt 7214 SS. m 7,423 I.F. r00TN0 AT ALL REM LOT GONERS UNLESS OTHERWISE MOWED. s XSE04' 10.m' 25.12E /Lr' m Ir•a'I4' 100.m' n.sz' 9.N' 22 729 S3'. 51 7.3N S.F. rrsb0' 400.m 727.80' 1fa23' 31 drools' 4am' 5,17E 14.0E St 4ra5'r' km' 0.74E_ 'ion' T] 7.173 S.F. 32 7.7N S.F. 10. (A) IIDKJl0 A RENAL SEARING. aT01'12• 500.m 574.13E tA.Y' 32 fl•Y•13' 234.00' Y.2r 14.22E 52 2,TOSE0• ALOE ,40.24E 151,0E 24 7.214 SS. 57 7,423 S.F. 4T06'I2' 470.00 35.33e' ,DADA{]' Q 33 I7,5417' loam' war 15.4E 23 11,200 S.F. 54 7123 S.F. 22.311'I2. 174.00 19.9E 94.73' a 04•21172. 32a00' 23.24E 1Ler 7,4 S.F. I72n S.F. 26 311 T. MONUMENT : 2rsE12' 500.00 19725E 9.9E 55 worn- 52am a 27 1 ' 3L ' Ii.0E n7.YI S.F.. 57 8.lm S.F. 22.34'12• 534.00 707.51' 105.12' LOT 10 50 0r19A4• Slam• 31.1E 29,10E » 7234 S.F. O N.2'1.1.111TN TK'RC2.3tYY M{Ls'Of 3/4'LP. 11'17'09• 517m Ift.r' 54.02' 57 0r07'31• Y.00' Lu' 121' w/nuo'13.sR7.7WSM.4 I.�2»/Io-zz. 1 arsine 347.00 a.N• 33.11E i M. B. 239 / 10 - 22 ,� OIt Ir17'14' seam 133.71' 4af0' iD.PE on.nuns M UN OF comma°R 12 3T14'r' b0.00 IN.19' 0L7Y Ag-_✓ap9, M.a 2»/10-22. 1S 7rY•l4- 240.00 3b.9r Iwo' / "Gy CURVE DATA 11 774'11' 3M00 Ir.9]' ram' N17ro1't7'w 4 pl n.cowman noses'R.c.E taw,own R S O orb'Y• slam' aL19' f.12E ALL 239/10-22 15 3T20YM• 240.00 140.73E 13.02E 14 2E54'le' 20,00 I34.30' r.41' 0'� N'A• © IS' 59 a'00'53' 474m' 3.21' - IM1' O FP.Y IA FAGfi3 0.GE 31574',10040,NO REF. 17 ,rol'3Y 100.m 24.Y' 122E f 115E5E WE MEa o4'33A2' 474.00' )LTA' S7.5T ACCLP17O AS PROLO40AMN OF NNE FAST LINE OF to worm' ILO' 1a21' e.20' • T 0 y R/O LOT,! NY saw /., rASEWEMr MAIL II ora's' Qam' n.9' 3e.r' TRACT M0.21SN-9 R lad:Itre-DADA 19 arte's• 1a00• 35.Y• te91' LEI t• 'Wilk Nsr31.54Y it 0om'Y• 474.00' 0.80• 0.4E 20 zran 234.o' a' µu' c��1 '07 2 s'Y POR. LOT 9 9 43 or27•m• 470.00' r.33• 34.73' ' 22 3rY'm' 234.00' 9L91' N.a' Y'' ' IS wane dam' r.m' Y.IO' UNE DATA ��� UNE DATA 4 r C OA', •t"N'3�Sy M.B. 239/10-22 ,t� 45 1r4T23' , 300.00' N.N• sia' O KENN LOATIN W WARING LOWS 4/:Ol\ Q . WOE. I ' • ' '391, T 3 M.rot•m note ss raorsw 1r.9' t, -�00� ._m,tp (y,� N1rsolrE it., 4� s . 4 N4rollew 25.N' 5i NOrorsY as.u' • '9, C: p . - ,.� - [;^/I• u.ls• �GO \^ N3.." -E._ 5 M21.37'»11 noir 57 M009Y»1r at.or .$ :47 ` . Mer31'u-E 1 CT- s 013'12.21•[ lap' 0 NOroY3e'W 47.a' (V st u.,�N` p OT 3'04.�,•i,.40 ABOVE El 7 M2ru'21•E 24.50 5e N2r22•21Y N.43' ,4. - _ 1A I Nsr1s'»• 3LN r N2r22.27Y 75.00' / / 0 oi�, D] • ©•.,-:. ',ft.,. W i .p-13 ©,'- 9 tarn'orr 39.54 41 M2r51L7Y(R)' 74.1E 5 2 'J m - '" •F+ _ •- `L fa D. Ik 10 Ntes'Y1! 14.N u M2Wu"3I'E 70.0.E 0 •4• •4• -?p✓t �� ��i' � I NyBEC��..• o To a; a= t2 44 w , . I1 MN'r'Y'M Sam N N20'b'tIY N.n' / © ? �EI� ' ''� ^,] + 'o`'.- `/1`�2..7.• .�o �t $Y . JO' 13 r444•m•Yb Sin N Ntr2r21"E ,20.34E {_ 02 4f�.,' E' Q I tJ Nerm'YY Y.0 9 N2r22'tl'C 17.9E \ O + `� �- rt, I6 L' /. /V, A' -�©f 0 -10 \�(\1/ 14 N7r,2',0Y 25.73 N M4rOPor• 73.m' 0) /O +3p M el lee DIN,4m AI . I � R) 15 N74.12'li'W 41.04 57 NW 13.35•W 40.23' +0.,, ♦ Q "� ^,• I) IS N74.12'U'W 11.31 ea -Nx13'i3'W n.ar ry 4/ Q _ p Fez / •, p /-- ,4 17 Nor].•»'[ n.a r Nlrsru•E ni3' u r�yz� ] 4w `� y m� m 4•(;17� n N2ru'21t 3.a• 70 N3rsrset 37.11E �' 7C5'L'7•'se'm �'U' Q O TJY p17e O m •"n.4, . 1. © Q� IFS �. N.rwsrw17 NIrSl•lIY 3IL34 7I iW'aY0•E O.OS' 0 R _ . Q --.ID 4455 aa, 1 IT+ E Q I 4�20 MS1.3rlew :ear 72 NSr13's'W 3E44' 4• 1+ m +1OI. ,� t III, ,� ZZ 1M P I : `9 N.N'21 112040'55Y 50.0E 73 N3r3Y34.: 29.a' I Q 56 4t_ L1 m O_O D'%,0 ,T7 I ©/ Om m fly 71•r• ,[[ ,07 • 3 \ u M00'01'»Y' 35.7E 74 Ms7Y34Y iS.N' m �'yo�Q,Q ,s2'l3 I..a _ �'�u -3011 --9 , 1 Rr n N1rorsew 39.0E n N3rW54Y ta4iE Nir1A9 ) 1M;� 4'4• •021rQ'0 (Y, r M7a C. :0'1� ' 'LM� se sl• M NIr1fE07•W s0.m' n armlet 4120E • ""44 Q.. O`, ID Q. '+>' 20''.��"\<� ��sa ('1„ C. ..,� I .: ,J. 1 23 NIr1r0YW 1LOW 77 tarsals's 4440E 54 m 44 1�01 m 4• p 1T �, 24 N4r41'41Y "-20.7E n N1ra3'YY 30.41E 0 I7 IO�O` Ati C' - 0/'(%4j ❑ - Q. f0 -Wiry. a17 11612.31117 0 27 M34'00'01' b.Y' T M14Y1'YY 112E LOT 10 ` Nilr7x•2 r SW.,pyyy •.'r z sa 4, ." ,,, 6 2S r;N I.O .• • 1 F to b N0r31'uY 31,r' r N1r39'YY 10.7E I• /O Y =E 3!.. ^•�...8 y, •..� 41> ._�'�s i��, 1� San' 1 b 110E31'32Y 5Gm' 41 Nt I•sb1Y 2279' n 'h A. 27•,�l••"2 7:; .,3i 4 s IDr31•.T2Y 21.10E 42 110077's•19 7Ln' I 37 ;;�{ C - ,.4 r'DD i ' '�1 _ I I 31 Nu'1Y071Y 25.33E e3 NOrW'»Y 70.13' / 141 `� w 1I0m' _4..7r 10f.Y' r.35' 40.33E (ILSE f3 r 112.29Ea 1172r 6241' 4a75' IIO.r' 10aa' _N0007'» 33 N32.37'071! 24.m' N RDr0Y»'W 107.0E { 10.01E 'o 33 N3r37b711 24.9Y 9 NOr0Y0'W 70.0E M! 1'[ lts.a7' 34 1ar55'2]Y 21.r' r ,N7.01.27•W Y.N' R 35 N3rs'o7•E 21.54' 87 047.01.2711• 30.00' i w POR. LOT 9 31 Mm'm'u'W 24.50' 00 37 N.3rs9'orgl) MY' I M.B. 239/10-22 34 1115.37'34 24.50' n N3r39.07Y gas' / \ . 0 8 Y N3nEm EYR) u.Y' WASHINGTON Nr92'2r0 w 142ae3_ AVENUE 41 NSr2412 75.Y• - - - - - - - - O Al M34•30'271r 15.5E : - - - - s 433 NNs'lr w 31.0E I I I I I I I ���VJJJ N284s•I511/ San' I 45 N2r454EW 24.m 23 24 I• I I 25 I 26 I I 27 I 28 I I 29 30 I 1 CURVE DATA1 7 u Y NOr0os1F eLlr I 1 1 I 1 © A 9 L T ; 47 40007•3Y 4as' EASEMENT NOTES: I I 1 I I I I I I 47 05'23'Y• _470.0E 44.25E 22.14' 2 Y 11000r3EW lam' M. B. 211 / 78 - 80 N ,72532E 23.00E �11' 2113E 9 NOrol'lf'W 9a03' © AN 134001 Fs FOR TOLE LTME0 5(3 0 7 Oft 'M�. 70 lr4x'07' IMm' 539E rit3' 50 N00'07'»17 10a0' UNO[Rm01R0 MOMS POMO=IN FAVOR m NOTE 1'•tMSGI[5{'PALE DEDICATED NERE011 70 41'w'47• 48.00' 35.00' 1232• L•=1 51 10r0Y»•w 53.95' OF SOUTHERN CMiGRNA EDSON,ERRANT R 71 41•4443• 4a00• 33.00' 1E32' 52 1 M2r22'21 Y 9321' ESTEEM NG.320237•RECORDED AUGUST 24. LA1•SCAPE[AMEN 7 TO PUNK USE a 4'WATER AND/GR AVER 0 72 4r0r2e• Y.OE 35.b' Ids'' 19L O.a ('3<[DETAILS NUT 3) 001I M.WORM!DETECT. TO EASTERN n 04.19•38' 526.00' LE14' 29.10' IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 3 OF 3 SHEETS TRACT NO. 30639 BEING A SUBDIVISION OF A PORTION OF LOT 9 IN TRACT NO. 23963 AS SHOWN BY MAP ON FILE IN BOOK 239, PAGES 10 THROUGH 22, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. JAMES W. UNLAND & ASSOCIATES...CIVIL ENGINEERS APRIL 2002 N4S30.3a'E 4 CO 11- 5.00' 2 + 'I'G 4'-- N� 1 Ln 112.3W(11) 1IErarnrw m.ss, LOT 30 • N1,r0r33•E J \ 10.0' ?C \ N2r22Yrt ` y} LOT/7 w. DETAIL 'A' DETAIL 'B' 1-=40• 1'y0• / N3r30b7T 1:r• fteC� ,, \ wr3rn— —AVENUE — —— Rxa'orc .221E �T ,1 ..f / r -�� 3.r e‘C s.r aao• "Y o � 1 lur532 1•E i Q.. gt6���0k ' ,,. LOT 14 H2r37.3•r O s.� O GG LOT 31 '��=2iT s 3.33' R t3o 4.W • LOT 23 Y rr2RY1 0Q) 1 �� .z/z/.. N2022'21•E t ,.3R• .,� LOT 22 LOT 15 \ ,'' LOT 30 / \/ `. hc M�sm�rtR) 3 DETAIL 'C' DETAIL 'D' DETAIL 'E' E. I'=/0' 1'=40' 1'=40' gi i _ CURVE DATA 0 L' © I L T Z I or.. 531.00' 57.00' 20.33. E 2 0r12'42• 521.00' 57.03' 20.51' OO ..0d5lCA115 4'I.U.E.DEDICATED HEREON 3 03.20•r• 520.00' 32.r' 111.03' PIJC TO USE 0.'11141111 YILE/.. LIVER . 0T2R'21r 531A0' 32.33' ILIR' ELSE1O17 QM7 1T IRRE0N TO E 5 21.3I'44' MOO' I 011.13' 53.24' p NIMCIIY.I54101 01510ICT. 0 21.51'50• 291.00' 111.04' 55.21' 7 21.17.22' 2r.00' 105.2r 53.N' 1=., R 21.17'24' 211.00' 1r 2 .13' 54.70' 3 x RY-3-4 RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: CITY OF SAN JACINTO 201 E. Main Street San Jacinto, Ca 92583 ATTN: City Clerk SPACE ABOVE THIS LINE FOR RECORDERS USE Exempt from recording fee,per Government Code Section 6103 CITY OF SAN JACINTO,CALIFORNIA • By: City Clerk AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS FINAL TRACT MAP 30639 between THE CITY OF SAN JACINTO A California Corporation and Artisan Trails, LLC a California Limited Liability Company R V PUBUSB\65549I AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS FINAL TRACT MAP 30639 I. PARTIES AND DATE. This Agreement for the Completion of Public Improvements("Agreement")is entered into as of this_ day of D�.c<,nbt.:2'005,by and between the City of San Jacinto,a California municipal corporation ("City") and Artisan Trails, LLC, A California Limited Liability Company, with their principal office located 160 South Cypress Street, Orange, Ca 92688 ("Developer"). City and Developer are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." II. RECITALS. A. On /ky 3 , 200.1ZOwner submitted to City an application for approval of a tentative tract map for real property located within City, a legal description of which is attached hereto as Exhibit"A"("Property"). The tentative tract map was prepared on behalf of Developer by Unland &Associates Civil Engineering and is identified in City records as Tract Map No. 30639. B. Developer's application for Tentative Tract Map 30639 was deemed complete on //d a3,Zai2. On August 21, 2002, the San Jacinto Planning Commission conditionally approved Developer's application for Tentative Tract Map No. 30639. C. Developer has not completed all of the work or made all of the public improvements required by San Jacinto's Municipal Code Section 16.24, the Subdivision Map Act (Government Code sections 66410 et seq.) ("Map Act"),the conditions of approval for Tract No.30639, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land. D. Pursuant to Section San Jacinto Municipal Code Section 16.24.010 (B) and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the public improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for Tract No. 30639. E. Developer's execution of this Agreement and the provision of the security are made in consideration of City's approval of the final map for Tract No. 30639. III. TERMS. 1.0 Effectiveness. This Agreement shall not be effective unless and until all three of the following conditions are satisfied: (a) Developer provides City with security of the type and in the RVPUB\MXM\606513 PAGE 2 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated:February,2001) amounts required by this Agreement; (b) Developer executes and records this Agreement in the Recorder's Office of the County of Riverside; (c) the City Council of the City ("City Council") approves the final map for Tract No 30639 and(d)Developer records the Final Tract Map No 30639 in the Recorder's Office of the County of Riverside. If the above described conditions are not satisfied,this Agreement shall automatically terminate without need of further action by either City or Developer, and Developer may not thereafter record the final map for Tract No 30639. 2.0 Public Improvements. Developer shall construct or have constructed at its own cost, expense, and liability all improvements required by City as part of the approval of Tract No 30639, including,but not limited to, all grading,roads,paving, curbs and gutters, pathways, storm drains, sanitary sewers,utilities,drainage facilities,traffic controls,landscaping,street lights,and all other required facilities as shown in detail on the plans, profiles, and specifications which have been prepared by or on behalf of Developer for Tract Map No 30639 ("Public Improvements"). The Public Improvements are more specifically described in Exhibit "B," which is attached hereto and incorporated herein by this reference. Construction of the Public Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. The Developer shall be responsible for the replacement,relocation,or removal of any component of any irrigation water system in conflict with the construction or installation of the Public Improvements. Such replacement,relocation,or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such water system. Developer further promises and agrees to provide all equipment,tools,materials,labor,tests,design work,and engineering services necessary or required by City to fully and adequately complete the Public Improvements. 2.1 Prior Partial Construction of Public Improvements. Where construction of any Public Improvements has been partially completed prior to this Agreement, Developer agrees to complete such Public Improvements or assure their completion in accordance with this Agreement. 2.2 Permits; Notices; Utility Statements. Prior to commencing any work, Developer shall,at its sole cost,expense,and liability,obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations,rules,and other requirements contained in any permit or license issued to Developer. Prior to commencing any work, Developer shall file a written statement with the City Clerk and the City Engineer, signed by Developer and each utility which will provide utility service to the Property, attesting that Developer has made all deposits legally required by the utility for the extension and provision of utility service to the Property. 2.3 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans and specifications for such Public Improvement have been submitted to and approved by the City Engineer, or his or her designee. Approval by the City Engineer shall not relieve Developer from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement. RVPUB\MXM\606513 PAGE 3 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated:February,2001) 2.4 Quality of Work;Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal,state and local laws,ordinances,regulations,codes,standards,and other requirements. The Public Improvements shall be completed in accordance with all approved maps,plans,specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced. 2.5 Standard of Performance. Developer and its contractors,if any,shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner,and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement. 2.6 Alterations to Improvements. The Public Improvements in Exhibit "B" are understood to be only a general designation of the work and improvements to be done, and not a binding description thereof. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the Public Improvements,Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer's surety for this Agreement. 3.0 Maintenance of Public Improvements and Landscaping. City shall not be responsible or liable for the maintenance or care of the Public Improvements until City approves and accepts them. City shall exercise no control over the Public Improvements until accepted. Any use by any person of the Public Improvements,or any portion thereof,shall be at the sole and exclusive risk of the Developer at all times prior to City's acceptance of the Public Improvements. Developer shall maintain all the Public Improvements in a state of good repair until they are completed by Developer and approved and accepted by City, and until the security for the performance of this Agreement is released. Maintenance shall include,but shall not be limited to,repair of pavement, curbs,gutters, sidewalks,signals,parkways,water mains,and sewers;maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping,repairing, and maintaining in good and safe condition all streets and street improve- ments. It shall be Developer's responsibility to initiate all maintenance work,but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work RVPUB\MXM\606513 PAGE 4 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated:February.2001) necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance. 4.0 Construction Schedule. Unless extended pursuant to this Section 4.1 of this Agreement, Developer shall fully and adequately complete or have completed the Public Improvements within twelve (12) months following approval of the final map for Tract No 30639. 4.1 Extensions. City may,in its sole and absolute discretion,provide Developer with additional time within which to complete the Public Improvements. It is understood that by providing the security required under Section 13.0 et seq.of this Agreement,Developer and its surety consent in advance to any extension of time as may be given by City to Developer, and waives any and all right to notice of such extension(s). Developer's acceptance of an extension of time granted by City shall constitute a waiver by Developer and its surety of all defense of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder. In addition,as consideration for granting such extension to Developer,City reserves the right to review the provisions of this Agreement,including,but not limited to, the construction standards,the cost estimates established by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City's reasonable discretion. 4.2 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Developer has provided the City Engineer with written notice of Developer's intent to abandon or otherwise not complete required or agreed upon Public Improvements. 5.0 Grading. Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of Tract No 30639 shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements, including City's grading regulations. In order to prevent damage to the Public Improvements by improper drainage or other hazards,the grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement,and prior to City' s approval and acceptance of the Public Improvements and release of the Security as set forth in Section 13.0 et se . of this Agreement. 6.0 Utilities. Developer shall provide utility services, including water,power, gas, and telephone service to serve each parcel,lot,or unit of land within Tract No 30639 in accordance with all applicable federal, state, and local laws,rules, and regulations, including,but not limited to,the regulations, schedules and fees of the utilities or agencies providing such services. Except for commercial or industrial properties,Developer shall also provide cable television facilities to serve each parcel,lot,or unit of land in accordance with all applicable federal,state,and local laws,rules, and regulations, including, but not limited to, the requirements of the cable company possessing a R V PUB\MXM\606513 PAGE 5 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated:February,2001) valid franchise with City to provide such service within City's jurisdictional limits. All utilities shall be installed underground. 7.0 Fees and Charges. Developer shall,at its sole cost,expense,and liability,pay all fees, charges,and taxes arising out of construction of the Public Improvements,including,but not limited to, all plan check,design review,engineering,inspection,and other service fees,and any impact or connection fees established by City ordinance,resolution,regulation,or policy,or as established by City relative to Tract No 30639. 8.0 City Inspection of Public Improvements. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur. 9.0 Default; Notice; Remedies. 9.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation,term,or condition of this Agreement,or if City determines there is a violation of any federal, state, or local law, ordinance,regulation,code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety,or both,to immediately remedy the default or violation ("Notice"). Developer shall substantially commence the work required to remedy the default or violation within ten (10) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice verbally, and Developer shall substantially commence the required work within twenty-four(24)hours thereof. Immediately upon City's issuance of the Notice, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs expenses as provided for in Section 10.0 of this Agreement. 9.2 Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to City within the time frame contained in the Notice,City may complete all remaining work,arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost,expense,and liability of Developer and its surety,without the necessity of giving any further notice to Developer or surety. City's right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any,or none of the required or agreed upon Public Improvements at the time of City's demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing,if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Developer or its surety the full cost and expense incurred. RVPUB\MXM\606513 PAGE 6 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated:February,2001) 9.3 Other Remedies. No action by City pursuant to Section 9.0 et sec,. of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal,state,or local law. City may exercise it rights and remedies independently or cumulatively,and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance. 10.0 Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses,fees,and costs,including reasonable attorney's fees and costs,incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law. 11.0 Acceptance of Improvements., As-Built or Record Drawings. If the Public Improvements are properly completed by Developer and approved by the City Engineer,and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements,the City Council shall be authorized to accept the Public Improvements. The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer's obligation to complete the remainder of the Public Improvements within the time required by this Agreement. Upon the total or partial acceptance of the Public Improvements by City,Developer shall file with the Recorder's Office of the County of Riverside a notice of completion for the accepted Public Improvements in accordance with California Civil Code section 3093,at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefor. If Tract No 30639 were approved and recorded as a single phase map, City shall not accept any one or more of the improvements until all of the Public Improvements are completed by Developer and approved by City. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City's acceptance or approval of any Public Improvements. Notwithstanding the foregoing,City may not accept any Public Improvements unless and until Developer provides one(1) set of"as-built" or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein. 12.0 Warranty and Guarantee. Developer hereby warrants and guarantees all Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement,including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City,for a period of one(1)year following completion of the work and acceptance by City("Warranty"). During the Warranty,Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements,in accordance with the current ordinances,resolutions,regulations,codes,standards, or other requirements of City,and to the approval of the City Engineer. All repairs,replacements,or R VPUB\MXM\606513 PAGE 7 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated:February,2001) reconstruction during the Warranty shall be at the sole cost,expense,and liability of Developer and its surety. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty,Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following City's acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer's warranty obligation under this section shall survive the expiration or termination of this Agreement. 13.0 Security; Surety Bonds. Prior to execution of this Agreement, Developer shall provide City with surety bonds in the amounts and under the terms set forth below("Security"). The amount of the Security shall be based on the City Engineer's approximation of the actual cost to construct the Public Improvements, including the replacement cost for all landscaping("Estimated Costs"). If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer shall adjust the Security in the amount requested by City. Developer's compliance with this provision (Section 13.0 et seg.) shall in no way limit or modify Developer's indemnification obligation provided in Section 16.0 of this Agreement. 13.1 Performance Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement,to protect City if Developer is in default as set forth in Section 8.0 et seq. of this Agreement, and to secure Developer's one-year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condition, Developer shall provide City a faithful performance bond in the amount of Five Hundred Twelve Thousand Sixteen Dollars and Fifteen Cents($512,016.15),which sum shall be not less than one hundred percent (100%) of the Estimated Costs. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract No. 30639, and the total remaining security is not less than twenty- five percent(25%)of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 12.0 of this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract No. 30639. 13.2 Labor&Material Bond. To secure payment to the contractors,subcontractors, laborers,material men,and other persons furnishing labor,materials,or equipment for performance of the Public Improvements and this Agreement,Developer shall provide City a labor and materials bond in the amount of Five Hundred Twelve Thousand Sixteen Dollars and Fifteen Cents ($512,016.15),which sum shall not be less than one hundred percent(100%)of the Estimated Costs. The security provided under this section may be released by written authorization of the City Engineer after six(6)months from the date City accepts the final Public Improvements. The amount of such security shall be reduced by the total of all stop notice or mechanic' s lien claims of which City is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of City's anticipated administrative and legal expenses arising out of such claims. RVPUB\MXM\606513 PAGE 8 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated:February.2001) 13.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best's rating of no less than A:VIII, shall be licensed to do business in California, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security,the Developer or its surety shall secure the costs and reasonable expenses and fees,including reasonable attorney's fees and costs,incurred by City in enforcing the obligations of this Agreement. The Developer and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements,or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security. 13.4 Evidence and Incorporation of Security. Evidence of the Security shall be provided on the forms set forth in Exhibit"C",unless other forms are deemed acceptable by the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City,the forms and evidence of the Security shall be attached hereto as Exhibit"C"and incorporated herein by this reference. 14.0 Monument Security. Prior to City's execution of this Agreement, to guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot corners, and street centerline monuments for Tract No 30639 in compliance with the applicable provisions of City's Municipal and/or Development Code ("Subdivision Monuments"), Developer shall deposit cash with City in the amount of Six Thousand Three Hundred Eighty Four dollars and Zero cents ($6,384.00),which sum shall not be less than one hundred percent(100%)of the costs of setting the Subdivision Monuments as determined by the City Engineer. Said cash deposit may be released by written authorization of the City Engineer after all required Subdivision Monuments are accepted by the City Engineer,City has received written acknowledgment of payment in full from the engineer or surveyor who set the Subdivision Monuments, and provided Developer is not in default of any provision of this Agreement or condition of approval for Tract No 30639. 15.0 Lien. To secure the timely performance of Developer's obligations under this Agreement, including those obligations for which security has been provided pursuant to Sections 13.0 et seq. and 14.0 of this Agreement, Developer hereby creates in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose. As to Developer's default on those obligations for which security has been provided pursuant to Sections 13.0 et seq.and 14.0 of this Agreement,City shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this section. 16.0 Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials,officers,employees,and agents from any and all actual or alleged claims,demands, causes of action,liability,loss,damage, or injury,to property or persons,including wrongful death, 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 any acts,omissions,negligence,or willful misconduct of Developer, its personnel, employees, agents,or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this BVPUB\MXM\606513 PAGE 9 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated:February,2001) 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 Agency, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of 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 Agency as determined by a court or administrative body of competent jurisdiction. Consultant's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by Agency, its elected officials, officers, employees, or agents. 17.0 Insurance. 17.1 Types;Amounts. Developer shall procure and maintain,and shall require its contractors to procure and maintain,during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below ("Required Insurance"). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit. 17.1.1 General Liability. Developer and its contractors shall procure and maintain occurrence version general liability insurance,or equivalent form,with a combined single limit of not less than $1,000,000 per occurrence for bodily injury, personal injury, and property damage. 17.1.2 Business Automobile Liability. Developer and its contractors shall procure and maintain business automobile liability insurance, or equivalent form,with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible. 17.1.3 Workers'Compensation. Developer and its contractors shall procure and maintain workers' compensation insurance with limits as required by the Labor Code of the State of California and employers' liability insurance with limits of not less than $1,000,000 per occurrence, at all times during which insured retains employees. 17.1.4 Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than$1,000,000 per occurrence,shall be procured and maintained for a period of five (5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability. 17.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, RVPUBWIXM\606513 PAGE 10 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated:February,2001) agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses. 17.3 Additional Insured; Separation of Insureds. The Required Insurance shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Developer or its contractors,including materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insureds provisions,and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers. 17.4 Primary Insurance;Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City,its elected officials, officers, employees, agents, and volunteers. All policies for the Required Insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy. 17.5 Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 17.6 Term;Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended,voided,reduced,canceled,or allowed to expire except on 30 days'prior written notice to City. 17.7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A:VDT. 18.0 Signs and Advertising. Developer understands and agrees to City's ordinances, regulations, and requirements governing signs and advertising structures. Developer hereby agrees with and consents to the removal by City of all signs or other advertising structures erected,placed, or situated in violation of any City ordinance,regulation,or other requirement. Removal shall be at the expense of Developer and its surety. Developer and its surety shall indemnify and hold City free and harmless from any claim or demand arising out of or incident to signs,advertising structures,or their removal. 19.0 Relationship Between the Parties. The Parties hereby mutually agree that neither this RVPUB\MXM\606513 PAGE 11 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated:February.2001) Agreement, any map related to Tract No 30639, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership,joint venture, or agency between City and Developer. Developer's contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City. 20.0 General Provisions. 20.1 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power,right,and authority make this Agreement and bind each respective Party. 20.2 Cooperation;Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary,appropriate, or convenient to attain the purposes of this Agreement. 20.3 Construction;References;Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time,days,or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer,except as otherwise specified in this Agreement. All references to City include its elected officials,officers,employees,agents,and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 20.4 Notices. All notices,demands,invoices,and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice: CITY: DEVELOPER: City of San Jacinto Artisan Trails, LLC 201 E. Main Street 160 South Cypress Street, Suite 100 San Jacinto, CA 92583 Orange, CA 92688 Attn: Community Development Director Attn: Robert T. Shiota (909)487-7330 Depending upon the method of transmittal,notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail. RVPUB\MXM\606513 PAGE 12 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated:February,2001) 20.5 Amendment;Modification. No supplement,modification,or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 20.6 Waiver. City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein,or City's waiver of any breach of this Agreement,shall not relieve Developer of any of its obligations under this Agreement,whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional. Developer agrees to waive,as a defense,counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement,as well as the laws,rules,regulations,ordinances or resolutions of City with regards to the authorization,execution or performance of the Public Improvements or this Agreement. 20.7 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate,or transfer,either directly or by operation of law,this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void,and any assignee, hypothecatee,or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. 20.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors,heirs,personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation. 20.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 20.10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 20.11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside,California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394. R VPUB\MXM\606513 PAGE 13 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated:February,2001) 20.12 Attorneys'Fees and Costs. If any arbitration,lawsuit,or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property,the prevailing party,whether by final judgment or arbitration award,shall be entitled to and recover from the other party all costs and expenses incurred by the prevailing party,including actual attorneys' fees ("Costs"). Any judgment,order,or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Costs, which shall include, without limitation, attorneys' and experts' fees, costs and expenses incurred in the following: (a) post judgment motions and appeals, (b)contempt proceedings,(c)garnishment,levy,and debtor and third party examination, (d) discovery, and (e) bankruptcy litigation. This section shall survive the termination or expiration of this Agreement. 20.13 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument. CITY OF SAN JACINTO Artisan Trails,LLC By: 6� By: '— (signature) ignature) Barry McClellan, City Manager Robert T. Shiota Pier A. Cesentini+ Managing Member City of San Jacinto ATTEST: By: By: (sign ure) (signature) Dorothy L. Chouinard City Clerk City of San Jacinto NOTE: DEVELOPER'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S BUSINESS ENTITY. R V PUB\MXM\606513 PAGE 14 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated:February,2001) ACKNOWLEDGMENT STATE OF CALIFORNIA } } COUNTY OF° k 5 } On ' ___\Lk` \'1) . , 2005, before me, L-15 r 'NA . L;(1xL ag_�Ul , the undersigned notary public, personally appeared 9.--Voei- 'r fj'V I b4'ec , ( )personally known to me OR ( proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ e- subscribed to the within instrument and acknowledged to me that he/sly executed the same in his/heritticif authorized capacity(ies), and that by his/her heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. W C ^ ESS my hand and official seal. .12/1_,t------ Signature of Notary ,v4eislIftati...oialt..11b..Arl ♦�s"rw�., LISP M.COWDEROY CAPACITY CLAIMED BY SIGNER: Imo r Grrmtnission*13574389 _Individual(s) • Iytst�tM>,�I�,u�fC-California _Corporate ir..wob'F" BQ g%21,2006 _Partner(s) "ii .:e Attorney-in-Fact Trustee(s) Subscribing Witness _ Guardian/Conservator Other SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) RVPUB\MXM\606513 SUBDIVISION IMPROVEMENT AGREEMENT (Updated:February.2001) STATE OF CALIFORNIA } } COUNTY OF } On , 2005, before me, , the undersigned notary public, personally appeared , — personally known to me OR —proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary CAPACITY CLAIMED BY SIGNER _Individual(s) _Corporate Partner(s) Attorney-in-Fact _ Trustee(s) Subscribing Witness _ Guardian/Conservator Other SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) RVPUB\MXM\606513 SUBDIVISION IMPROVEMENT AGREEMENT A-1 (Updated:February,2001) EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Real property in the City of San Jacinto, County of Riverside, State of California, described as follows: TENTATIVE TRACT 30639, BEING A SUBDIVISION OF A PORTION OF THE FOLLOWING: LOT 9 OF TRACT 23963, AS SHOWN BY MAP ON FILE IN BOOK 239 PAGE(S) 10 THROUGH 22, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. APN: 438-050-056-5 R V PUB\MXM\606513 SUBDIVISION IMPROVEMENT AGREEMENT A-2 (Updated:February.2001) EXHIBIT "B" LIST OF PUBLIC IMPROVEMENTS Street Improvements $245,190.15 Sewer Improvements $123,827.00 Water Improvements $123,168.00 Landscaping Improvements, $ 19,831.00 Total $512,016.15 R V PUB\MXM\6065I 3 B I SUBDIVISION IMPROVEMENT AGREEMENT (Updated:February,2001) EXHIBIT "C" SURETY BONDS AND OTHER SECURITY TRACT NO. 30639 As evidence of understanding the provisions contained in this Agreement, and of the Developer's intent to comply with same,the Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto: PERFORMANCE BOND PRINCIPAL AMOUNT: $512,016.15 Attorney-in-fact: Steven R. Bonilla Surety: Developers Surety and Indemnity Company Address City: MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $512,016.15 Attorney-in-fact: Steven R. Bonilla Surety: Developers Surety and Indemnity Company Address City: CASH MONUMENT SECURITY: $ GI° / Amount deposited per Cash Receipt No. 7 2 0/ Date: -7/ G- /2'c'r-j R VPUB\MXM\606513 C-1 SUBDIVISION IMPROVEMENT AGREEMENT (Updated:February,2001) BOND NO. 829892S INITIAL PREMIUM: $10,240.00/2 YEAR TERM SUBJECT TO RENEWAL CITY OF SAN JACINTO TRACT MAP NO. 30639 IMPROVEMENTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of San Jacinto, California("City")and Artisan Trails,LLC,A California Limited Liability Company ("Developers"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor,materials,tools, equipment,services,and incidentals for all grading,roads,paving,curbs and gutters,pathways,storm drains,sanitary sewers, utilities,drainage facilities,traffic controls,landscaping,street lights,and all other required facilities for Tract Map No 30639 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated �c • 4, , 2005, ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS,Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement,and to guarantee and warranty the Public Improvements constructed thereunder. ENNI MPANY NOW,THEREFORE,Principal and DEVELOPERS SURETY AND I� ('Surety' ), a corporation organized and existing under the laws of the State of IOWA ,and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of Five Hundred Twelve Thousand Sixteen Dollars and Fifteen Cents ($512,016.15), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators,successors and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION is such,that if Principal,his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants,conditions,agreements,guarantees,and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent RVPUBIMXM\606513 C_2 SUBDIVISION IMPROVEMENT AGREEMENT (Updated:February,2001) and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby,and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,incurred by City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. Surety,for value received,hereby stipulates and agrees that no change,extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans,profiles, and specifications related thereto,or to the Public Improvements to be constructed thereunder,shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. This bond is executed and filed to comply with Section 66499 et seq. of the Government Code of California as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements. IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at SAN DIEGO , this 16TH day of MAY, 2005 ARTISAN TRAILS LLC DEVELOPERS SURETY AND INDEMNITY COMPANY Principal Surety By: By: President Attorney-in-Fact STEVEN R. BONILLA (print name) (print name) NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND. RVPUB\MXM\6065 I 3 SUBDIVISION IMPROVEMENT AGREEMENT C-3 (Updated:February,2001) STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO On 5 ""/ C.)_5 , before me, D. KOHL PERSONALLY APPEARED STEVEN R. BONILLA personally known to me(or proved to me on the basis of satisfactory evidence)to be the person/whose name( is/afe subscribed to the within instrument and acknowledged to me that he/s0/th,6 executed the same in his/hh'F/tl4r authorized capacity(ise),and that by his/h4-/tier signature/on the instrument the erson or the entityupon behalfD.KOHL P (.� Px Commission# 1411686 of which the person(,)acted, executed the instrument. ' :` Notary Public•California ` ) es( Q0 WITNESS my hand and official seal. �+MGbnNn•6pf+M Y�P►t6.2007� /,Signature This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CA CITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHE CUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER LE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: �• OF DOCUMENT SIGNER IS RE PSENTING: NAME OF PERSO (S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ID-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT BOND NO. 829892S INITIAL PREMIUM: INCLUDED WITH PERFORMANCE BON SUBJECT TO RENEWAL CITY OF SAN JACINTO TRACT MAP 30639 IMPROVEMENTS LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of San Jacinto, California("City")and Artisan Trails,LLC,A California Limited Liability Company ("Developer"), have executed an agreement for work consisting of, but not limited to,the furnishing all labor,materials,tools,equipment,services,and incidentals for all grading,roads,paving,curbs and gutters,pathways,storm drains,sanitary sewers, utilities,drainage facilities,traffic controls,landscaping,street lights,and all other required facilities for Tract Map No 30639("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated ?mil c - /, ,2005 ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal p 1 is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials,provisions,or other supplies,or terms used in,upon,for,or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 15 (commencing with section 3082) of Part 4 of Division 3 of the California Civil Code,with respect to such work or labor,that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. NOW, THEREFORE, Principal and DEVELOPERS SURETY AND INDEM re COMPANY ( ty"), a corporation organized and existing under the laws of the State of IOWA ,and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements,and all persons,companies or corporations renting or hiring teams,or implements or machinery,for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid RVPUB\MXM\606513 C-4 SUBDIVISION IMPROVEMENT AGREEMENT (Updated:February,2001) excepting the Principal, the sum of Five Hundred Twelve Thousand Sixteen Dollars and Fifteen Cents($512,016.15),said sum being not less than 100%of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal,his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials,provisions,or other supplies or machinery used in,upon,for or about the performance of the Public Improvements,or for work or labor thereon of any kind,or fail to pay any of the persons named in California Civil Code Section 3181,or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant,or for any amounts required to be deducted,withheld,and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor,and all other applicable laws of the State of California and rules and regulations of its agencies,then said Surety will pay the same in or to an amount not exceeding the sum specified herein. As part of the obligation secured hereby,and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,incurred by City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. This bond is executed and filed to comply with Section 66499 et seq.of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor,materials, or equipment for construction of the Public Improvements or performance of the Improvement Agreement. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies,and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the California Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Surety,for value received,hereby stipulates and agrees that no change,extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans,profiles, and specifications related thereto,or to the Public Improvements to be constructed thereunder,shall in any way affect its obligations on this bond,and it does hereby waive notice of any such change, extension of time, alteration,or addition. RVPUBIMXM1606513 C_5 SUBDIVISION IMPROVEMENT AGREEMENT (Updated:February,2001) IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at SAN DIEGO , this 16TH day of MAY, 2005 ARTISAN TRAILS LLC DEVELOPERS SURETY AND INDEMNITY COMPANY Principal Surety By: By: /7,7-/C74-- nt Attorney-in-Fact Ubz.rb STEVEN R. BONILLA (print name) (print name) NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND. RVPUBIMXM1606513 C-6 SUBDIVISION IMPROVEMENT AGREEMENT (Updated:February,2001) STATE OF CALIFORNIA 1. SS. COUNTY OF SAN DIEGO On /� —G, � , before me, D. KOHL PERSONALLY APPEARED STEVEN R. BONILLA personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(,whose name(/ is/a fe subscribed to the within instrument and acknowledged to me that he/s0/th,¢5)executed the same in his/h,f-/t/ 2r authorized capacity(ip),and that by his/yl•/th f r D. signature on the instrument the person('7, or the entity upon behalf �` KOHL Commission# 1411686 �'of which the person(/'acted, executed the instrument. "%; ., Nolary Public•California ^� son Coupr . WITNESS my hand and official seal. j Phi Comm.bpMNApr1b.2007� Signature This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CA !CITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHE CUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER LE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: • OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSO )OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE \ ID-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Rajan Patel, Steven R. Bonilla, S. Smith-Bowman, D. Kohl, jointly or severally"** as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bends,undertakings and contracts of suretyship giving and granting unto said Attorneys)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,arc hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November I,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorncy(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hcrcby is,authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorncy or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vicc President and attested by their respective Secretary this I st day of February,2005. By: David H.Rhodes,Executive Vicc-Presidcnt ,����V,AND NO�•°•• CiMPPOR O G l�;Z% hG o9< cr° OCT. ,<— Z - OCT.5 10 o 1967 37 By: ��°; 1 9 3 6 It° Walter A.Crowell,Secretary '%'7 • W /Dp •'as .......,,,.*,,, °? STATE OF CALIFORNIA )SS. COUNTY OF ORANGE On February I,2005,before me,Nita G.Hiffincycr,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names arc subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal. ►. 00. $ ' 'o Pc ..y.� NITA G.HIFFMEYER a r.'l COMM.#1543481 Signature • ' c - NOTARY PUBLIC CALIFORNIA C .�J/ V , ORANGE COUNTY • MY Comm.expires Jan.iQ 24119 t CERTIFICATE The undersigned,as Exccutivc Vicc-Presidcnt,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,arc in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 16TH day of MAY , 2005 r - _____,_ By David L.Kerrigan,Exccutivc Vice-President ID-I380(Rev.2/05) Ir15C%ICD DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed$5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of$100 billion for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch,Suite 200 Irvine,CA 92614 (949)263 3300 www.InscoDico.com ID-1498(Rev.5/03) AGENDA ITEM December 1 , 2005 TO: The Honorable Mayor and Members of the City Council FROM: Dorothy L. Chouinard, City Clerk" SUBJECT: Proposed resolution to rescind Order of Business, Section 2.1 of the City of San Jacinto City Council Orientation Handbook adopted by Resolution 2387 October 17, 2002 and adopt a new section for Order of Business, Section 2.1 RECOMMENDATION: By motion, approve and adopt Resolution No. / A Resolution rescinding 2. Order of Business, Section 2.1 of the City of San Jacinto City Council Orientation Handbook and adopting a new Section 2.1 of the aforementioned. BACKGROUND: On October 17, 2002 the City Council adopted a City Council Orientation handbook. The section that deals with Section 2.1 Agenda is to be updated by the adoption of said proposed resolution. In anticipation of the on-line agenda to begin January 2006, staff believes it is prudent to update the titles of subjects considered on the Council's agendas. JUSTIFICATION: Because the City of San Jacinto City Council Orientation Handbook was adopted by Resolution No. 2387, which identified the topics of the subjects on the agenda and the order they would be considered, it is necessary to rescind Section 2.1 of the 2. Order of Business BUDGETARY IMPACT: None Approvals City Manager: / Finance Director: NA- Page 1 of 4 ATTACHMENTS: ■ Exhibit A - A list of order of topics of subjects on the agenda; and updated information on the staff report. ■ Resolution No. ■ Resolution No. 2387 ■ Page 14 and 15 of City of San Jacinto City Council Orientation Handbook Page 2 of 4 Exhibit A AGENDA topics of subjects: Organization Call to Order Invocation Pledge of Allegiance Special Presentations Public Comments Consent Calendar Public Hearings Staff Reports and/or other presentations (formerly City Departments) Mayor and Council Member Report / Discussion Closed Session The staff report will have the following categories: To: The Honorable Mayor and City Council Members From: Name of Department Head, Title Subject: Identifies the specific matter of the issue before Council. RECOMMENDATION: Staff's recommendation and specific action required by Council. Most will begin with "By motion" and if several actions are required each step will be identified in the following order: a), b), c), d), etc. Ideally, the legislative body would be able to make the motion taken verbatim from this recommendation. SUMMARY: Optional Field — Generally this category will be used when there are more than two pages in length, which requires a concise summary of the report. Unless the report is lengthy, summaries should cover no more than two paragraphs. BACKGROUND: State the issue and why it is on the agenda. Review the history (Review the background relating to the issue.) Page 3 of 4 DISCUSSION: This is the main body of the report. Review all research findings here. Discuss the key issues, providing analysis and review staff conclusions. Subheadings may be used in this section (i.e. analysis). ALTERNATIVES: Identify alternatives that Council may want to consider. Discuss their pros and cons. The alternative may be included within the discussion section if applicable. FISCAL IMPACT: Review the fiscal impact of the alternatives presented to the legislative body. Address the source of funding. Be specific about any budget modifications of appropriations needed specifying accounts for fund transfers. ATTACHMENTS: A list of all the attachments connected to a staff report. Page 4 of 4 STATE OF CALIFORNIA ) RESOLUTION NO. COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, TO APPROVE THE RESCINDING OF SECTION 2.1 OF THE 2. ORDER OF BUSINESS FROM THE CITY OF SAN JACINTO CITY COUNCIL ORIENTATION HANDBOOK AND ADOPTING A NEW SECTION 2.1 AGENDA OF AFOREMENTIONED HANDBOOK WHEREAS, On October 17, 2002, the City Council adopted Resolution No. 2387 approving the City of San Jacinto City Council Orientation Handbook. WHEREAS, in 2. Order of Business, Section 2.1 Agenda is to be updated by the adoption of said proposed resolution; and WHEREAS, in anticipation of the on-line agenda to begin January 2006, staff believes it is prudent to update the order and titles of subjects considered on the Council's agendas. NOW, THEREFORE, BE IT RESOLVED, ordered, and determined by the City Council of the City of San Jacinto as follows: a) Rescind 2. ORDER OF BUSINESS Section 2.1 Agenda of the City of San Jacinto City Council Orientation Handbook b) Approve and adopt the following: 2. ORDER OF BUSINESS 2.1 Agenda The order of business of each meeting shall be as contained in the agenda prepared by the City Clerk. The agenda shall be a listing by topics of the subjects, which may be taken up for consideration in the following order: Organization Call to Order Invocation Pledge of Allegiance Special Presentations Public Comments Consent Calendar Public Hearings Page 1 of 2 Staff Reports and/or other presentations (formerly City Departments) Mayor and Council Member Report / Discussion Closed Session Except with majority consent of the Council, items may not be taken out of order. When it has not appeared on the posted agenda, the City Attorney will advise if and when an item may be added to the agenda at a meeting. Items requested by the public to be considered for City Council action shall be submitted to the City Manager no later than two weeks prior to the meeting for consideration. Council agenda requests and Staff Reports for Council action shall be submitted to the City Clerk no later than nine (9) days preceding the Council meeting. The City Manager may adjust the 'noon Tuesday' deadline depending on circumstances. All reports shall be submitted on the proper form with complete information as to the subject matter, recommendations, fiscal impact, and contain the necessary attachments, exhibits and approving signatures. PASSED, APPROVED AND ADOPTED, this 1st day December, 2005, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By Chris Carlson Buydos, Mayor City of San Jacinto ATTEST: Dorothy L. Chouinard, City Clerk page 2„f 2 STATE OF CALIFORNIA ) RESOLUTION NO. 2387 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, PROVIDING RULES OF PROCEDURE FOR CITY COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES BY REPEALING RESOLUTIONS NO. 99-56, NO. 2321, AND NO. 2341AND ADOPTING THE CITY COUNCIL ORIENTATION HANDBOOK WHEREAS, the purpose and intent of the City Council in adopting This Resolution is to provide a single, comprehensive directory of guidelines relating to the conduct of public business by or on behalf of the City Council. In the event of any non—compliance with or violation of any provision of this Resolution, such will not be deemed to affect the validity of any action taken, unless otherwise specifically provided by law. All references to gender in this Resolution include the masculine, feminine and neuter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO, DOES HEREBY RESOLVE: Section 1: Resolution Number 99-56, Resolution Number 2321, and Resolution Number 2341 are hereby repealed in their entirety. Section 2: The City Council Orientation Handbook, attached hereto and incorporated by reference herein, is hereby adopted by the City of San Jacinto City Council. APPROVED AND ADOPTED this 17th day of October, 2002 by the following vote: Ayes: Ayres, Carlson-Buydos, Good, Conner Nays: None 1 Absent: None Abstain: None City of San Jacinto by(J rn,es M. Conner ATTEST: Du/writ/id orothy L. houinard, City Clerk 1.7.6 Closed Session Minutes J Pursuant to Section 54957.2 of the California Government Code, the Cit Clerk may be required to attend a closed session of the ill City Council and keep and enter in a minute book a record of J topics discussed and decisions made at each meeting. The • confidentiality of such minutes shall be maintained pursuant to said section of the Government Code Section 54957.2. J 2. ORDER OF BUSINESS J 2.1 Agenda J The order of business of each meeting shall be as contained in the J agenda prepared by the City Clerk. The agenda shall be a listing by topics of the subjects, which may be taken up for consideration in the following order: J Organization Call to Order J Invocation Pledge of Allegiance Special Presentations Public Comments III Public Hearings 1 City Departments Consent Calendar NI Mayor and Council Member Reports / Discussions 1 Closed Sessions Adjournment x Except with majority consent of the Council, items may not be taken out of 1 order. The City Attorney will advise if and when an item may be added to NE the agenda at a meeting v'hen it has not appeared on the posted agenda. Items requested by the public to be considered for City Council action w we shall be submitted to the City Manager no later than two weeks prior to the meeting for consideration. Council agenda requests and Staff Reports for Council action shall be submitted to the City Clerk no later than seven (7) ter days preceding the Council meeting. The City Manager may adjust the 'noon Tuesday' deadline depending on circumstances. All reports shall be I` submitted on the proper form with complete information as to the subject Pr City of San Jacinto Council Orientation Handbook Page 14 of 76 I, matter, recommendations, fiscal impact, and contain the necessary attachments, exhibits and approving signatures. 2.2 Delivery of Agenda Barring insurmountable difficulties, the agenda shall ordinarily be delivered to Council Members each Friday preceding the Thursday meeting to which it pertains. The agenda shall also be available to the general public at the time it is delivered to the City Co uncil. 2.3 Call to Order Before proceeding with the business of the Council, the City Clerk shall record the names of those Council Members present and they shall be entered in the minutes. -!! 2.4 Public Comments Any person may address the Council on any subject pertaining to City { listed on the agenda during the Public Comments portion of business not 9 the meeting. A limitation of three (3) minutes shall be set for each person desiring to address the Council during the Public Comments designation on the agenda (see 5.2). Public Comments on items listed on the agenda will be allowed on those items as they come up for consideration by the Council with a three (3) minute limitation set for each speaker. 2.5 Consent Calendar Items of a non-controversial and routine nature shall be placed on the consent calendar. All items may be approved by one blanket motion upon unanimous consent. Any Council Member may request that any items be withdrawn from the consent calendar for separate consideration. However, any Council Member may abstain from voting on any consent calendar item without requesting its removal from the consent calendar, and the City Clerk shall record such abstentions in the minutes. 2.5.1 Approval of Minutes 1 Unless requested by a majority of the City Council, minutes of the previous meeting may be approved without public reading if the City Clerk has previously furnished each Council Member with a _ 0) City of San Jacinto Council Orientation Handbook Page15of76 ' I - JI AGENDA ITEM December 1, 2005 TO: The Honorable Mayor and Members of the CityCouncil Y FROM: Barry McClellan, City Manager SUBJECT: Proposed Resolution for Holiday hours of City Buildings during observance of the annual employee holiday breakfast and potluck RECOMMENDATION: By motion, approve and adopt Resolution No. / A resolution to temporarily close the City buildings Community Development - 248 E. Main Street; Finance - 322 E. Main Street; Public Works — 270 Bissel Place on: a) Tuesday, December 13, 2005 from 7:30 a.m. to 9:00 .m. and b) Tuesday December 20, 2005 from 12:00 p.m. to 1:00 p.m. BACKGROUND: a) Traditionally, the Administration and Community Development offices have closed for the annual employee breakfast. Staff is requesting that this tradition be continued. b) Administration and Community Development previously did not close their doors in the past for the annual potluck. This action left many employees out of the festivities due to having to cover the numerous customer service counters. JUSTIFICATION: To enable all City employees to participate in these annual traditions. BUDGETARY IMPACT: None ATTACHMENTS: None Approvals City Manager: Finance Director: ", Page 1 of 1 STATE OF CALIFORNIA ) RESOLUTION NO. COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING THE TEMPORARY CLOSING OF THE COMMUNITY DEVELOPMENT, FINANCE, AND PUBLIC WORKS BUILDINGS ON PROPOSED DATES IN OBSERVANCE OF THE ANNUAL EMPLOYEE HOLIDAY BREAKFAST AND POTLUCK WHEREAS, traditionally, the Administration and Community Development offices have closed for the annual employee breakfast; and WHEREAS, Administration and Community Development previously did not close their doors in the past for the annual potluck; and WHEREAS, this action left many employees out of the festivities due to having to cover the numerous customer service counters. NOW, THEREFORE, BE IT RESOLVED, ordered, and determined by the City Council of the City of San Jacinto as follows: By motion, approve the temporary closing of the City Offices Community Development - 248 E. Main Street; Finance - 322 E. Main Street; Public Works — 270 Bissel Place on: a) Tuesday, December 13, 2005 from 7:30 a.m. to 9:00 .m. and b) Tuesday December 20, 2005 from 12:00 p.m. to 1:00 p.m. PASSED, APPROVED AND ADOPTED, this 1st Day of December 2005, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By Chris Carlson Buydos, Mayor City of San Jacinto Page 1 of 2 ATTEST: Dorothy L. Chouinard, City Clerk Page 2 of 2 AGENDA ITEM '3. December 1, 2005 TO: The Honorable Mayor and Members of the City Council FROM: Habib Motlagh, City Engineer SUBJECT: Reimbursement to Nelson Development, LLC — Line "C" Drainage Easement RECOMMENDATION: By motion appropriate storm drain funds to reimbursement Nelson Development, LLC in the amount of$21,871.74 for a 32.5' strip of land drainage easement for future Line "C" construction. BACKGROUND: Nelson Development, LLC dedicated through the recordation of final parcel map 31717, a 32.5'strip of land along Santa Fe Avenue for the future construction of Line "C." Based on the fee credit estimate done by Stuart E. McKibbin of Riverside County Flood Control and Water Conservation District (RCFC&WCD), Nelson Development, LLC is eligible for $21,871.74 flood control mitigation fees for the 32.5'dedication of land. Due to the fact that the project has fully been completed and all mitigation fees paid, including $43,481.50 in flood control mitigation fees, staff is requesting reimbursement to Nelson Development in the amount of fee credit estimated by RCFC&WCD. JUSTIFICATION: It is appropriate to reimburse developer for the value of the property using the assessed value, due to the fact that the established mitigation fees for development of Tract 31717 were paid in full per City's Ordinance 907. Approvals City Manager: Finance Director: Page 1 of 2 BUDGETAR Y IMPACT: Appropriation of $21,871.74 from the City's Flood Control Mitigation Fees to reimburse developer for its fair market value of property dedicated to the City for future construction of Line "C." ATTACHMENTS: 1. Letter from RCFC&WCD dated November 18, 2004 2. Sheet 2 of 2 — Final Parcel Map 31717 Page 2 of 2 03/30/2005 10: 36 9096961111 NELSON DEVELOPM• PAGE 02/03 1/1 WARREN D.WILLIAMS ee t v 1995 MARKET STREET General hQ 2gt-r.Chicf�inccr �. a `a RIVERSIDE,CA 92501 951.955.1200 951.788.9965 FAX oe .S t v"n 9I549.1 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT November 18,2004 Mr. Habib Motlagh. City Engineer City of San Jacinto • • ' 201 East Main.Street San Jacinto, CA 925g3 Tear Mr.Motlagh: Re: ADP Fee Credit Estimate San Jacinto ADP Line C Parcel Map 31717 The District received a request, dated July 13, 2004, for ADP right of way credit for Parcel Map 31717. In accordance with the District's letter dated November 24, 2003, Parcel Map 31717 ' proposed to dedicate a 32.5' strip of land for the future construction of Line C of the San Jacinto Master Drainage Plan. ''.‘'-'s4 According to the "Rules and Regulations for Administration of Area Drainage Plans",the total credit for the parcel can not exceed its fee obligation. The ADP fees for the subject parcel is estimated as follows: - PM 31717 10 acres $5,402 $54,020 -_. Total Pee Obli!ation: $54 020• According to Section W.c.1 of the Rules and Regulations, credit for right of way dedication will be determined by a valuation of property using the assessed value of the property as shown on the last "equnIi7rd assessment roll". The project credit for Parcel Map 31717 was calculated as follows: ._,'4.0,, .2.).', .. E,j4:; ... .r. t rilli �l�rki!•q t':91iLr L')y;',i1 it (iI' ,r` :.._ _ Lime C Esplanade Ave. 0.46 $0 $2.1,871.74 $21,871.74 /Santa Fe'St. „---_ , Total ADP Project Credit(1V,h):�$21871.74 . 2'd 8LS"ON 14d90:S 502,2'62'atW 03/30/2005 10: 36 909696005 NELSON DEVELOP.: PAGE 03/03 91549.1 Mr.Habib Motlagh -2- November 18,2004 Re: ADP pee Credit estimate San Jacinto ADP Line C Parcel Map 31717 Right of way requirements are based on the 1993 San Jacinto Regional ADP update, Since the total ADP fee obligation exceeds the total ADP right of way credit,the District recommends that the City collect the balance of the fee obligation and issue no excess fee credit If you have any questions concerning the ADP credits, please contact Art Diaz of our Project Planning section at 951.955.1345. Very truly yours, STUART E.MCKJBBIN Chief of Planning Division • Enclosure: Right of way credit estimate backup c: Kent Allen Shelley Kain(with cost backup) Project Planning: San Jacinto ADP fee credit notebook AM:b1j • E'd 84,S'ON Wd9O:S SOL7-'6Z'ddW /N THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE,STATE OF CALIFORNIA SHEET 20F2SHEETS PARCEL MAP /VD. 37777 SURVEYOR'S NOTES: MONUMENT NOTES: -- 1. THIS SUBDIVISION CONTAINSIO AC.GROSS,8.32 AC.NET. LOT 23 OF MIDWAY RANCH TRACT,AS SHOWN BY MAP ON FILE IN BOOK 8,PAGE 50 OF 2. THIS SU80N SbN CONTAINS 3 PARCELS,PLUS DEDICATIONS. 0 FD.TBRASS DISC W/PJ/.STAMPEDTLCE26108'FLUSH IN MAPS,IN THE CITY OF SAN JACINTO,COUNTY OF RIVERSIDE,STATE OF CALIFORNIA, CONC.IN LIEU OF 1.1I4'IP.WIRIV.CO.SURV.PLASTIC PLUG DR. S ( ) INDICATES RECORD DATA PER LLB-8050. 1r PERR.S.67194.ACCEPT.AS C.L.INT.OFJUANITA ST.0 RECORDS OF RIVERSIDE COUNTY CALIFORNIA,T.5S.,R.1W.,SEC.3. ESPLANADE AVE- • 0FD.1"COPPER-WELD FLUSH IN CONC.STAMPED NECE 26406' THE THOMSEN COMPANY, INC. ✓UNE 2004 .. () INDICATES RECORD DATA PER R.S.6794. PER CR.96/174,ACCEPT.AS C.L.INT.OF SANTA FE AVE& 5. () INDICATES RECORD DATA PER P.M.184MOi1. ESPLANADE AVE. W^ N82571214 55'E)@IAS5590T) 11656.4 l'NM(1855.44): ©. JT'�/\-�- L 627AT - - &SF.N'INDICATES MONUMENTS SEARCHED FOR BUT FOUND NOTHING. 30FD.1"LP.DN.1.a WPP STAMPED'COUNTY SURY'VE PERKS �---I ESPLANADE 6589T 115600)(j5999T) ,� AVENUE 87I94.ACCEPT.AS C.L.INT.OF SANTA FE AVE.&OAKWOOD ST. 7. LOT CORNERS ADJACENT TO STREETS REFERENCED BY LEAD W I If PL&TAG S 7200'IN CURB ON EXTENSION OF LOT LINES, T-- _- - _- - -- __ ©_ ___ SF N� EXCEPT AT CORNER CUTBACKS,UNLESS OTHERWISE NOTED. �FD.3NT I.P.DN.0.7,BENT,NO TAD,NO REF_NOT ACCEPTED AS ia- 5 PROP.CORNER LOCATION.SET NOTHING. 1�'I 326V�-.I Y -- 57p.18' • e. LOT CORNERS ADJACENT TO SUBDIVISION BOUNDARY REFERENCED BY 05 FD,r I.P.DR.Q/',TAGGED RC.E.26408'PER P.M.11M14041. -�i 1 1 N 4 BRASS NAIL 6 TAG'PIS 7200'IN WALL ON EXTENSION OF PARCEL LINES, NOT ACCEPT.AS PROP.CORNER LOCATION.SET 1'I.P.WPP 320117.1 S.F.N. EXCEPT AT CORNER STREET FRONTAGE,UNLESS OTHERWISE NOTED. STAMPED'PLS 7200'. Qs 3 PARCEL 1 a •INDICATES FOUND MONUMENT AS NOTED. • EASEMENT NOTE(S): 3.99 AC GROSS 10. 0 INDICATES SET 9'0.0./P.WI PLASTIC PLUG 3T T W STAMPED'PIS 720P FLUSH.UNLESS OTHERWISE NOTED. PURSUANT TO SECTION 68436 Of THE SUBONISION MAP ACT,THE PRIVATE EASEMENT 2.78 AC NET �--W 11. •O INDICATES SET 1'COPPER-WELD STAMPEO'PLS SIGNATURES OF THE FOLLOWING OWNERS OF EASEMENTS AND/OR OTHER RE-(AWED HEREON LJ LOT'A' a' 720P FLUSH FOR CENTER LINE MONUMENT. INTERESTS HAVE BEEN DARTED j,rI ' nI- co A RKM-OFWAY FOR ONE DITCH.FLUME OR OTHER AQUEDUCT ACROSS ItlTRI211 ow - 12-MONUMENTS SET PER CRY OF SAN JACINTO/RIVERSIDE COUNTY ORD. THE SAN OF ANYRIVER, R AS RESERVED R LYING VEDTO EACH ND ID EVERY OWNER AND NO.461.5 BASIS OF BEARINGS THE SAN JACINTORNER,AS RESERVED TO EACH AND EVERY OWNER OF 3i.5D' LANDS IN THE RANCHO SAN JACINTO VIEJO,HIS HERS&ASSIGNS,BY • 1 �-1 LINE DATA DECREE OF PARTRION OF SAID RANCHO,REC.IN BK 43 PG.161 OF DEEDS, • 1 r 1 BEARING DIST. THE BASIS OF BEARING FOR TINS SURVEY RECORDS OF SAN DIEGO COUNTY,CALIFORNIA.(CERTAIN OF SAID RIGHTS 1 N/5'0412W �,� Z 13R10 PERTH.WOS 1988 CAI,IFORFBA A RIGHTS-0E-WAY ARE NOT VESTED IN FRUTTVALE MUTUAL WATER CO.) ZC E 8 PER NAD83 COORDINATES. (BLANKET ESMT.) g- 11 2 NB9'SERQW 75A0 A PERMANENT EASEMENT AND RIOHi-Of-WAY GRANTEO70 CffQENS u ; 3 NOS'0458'E 39BT CURVE DATA 4 N89'S85W 55Jq • DOMESTIC WATER COMPANY,A CORPORATION,FOR THE CONVEYANCE OF y` 1 j T,. 5 N89'565WW 17D.00 * 0 R L T WATER IN,OVER AND ACROSS THE LAND HEREIN DESCRIBED,TOGETHER Q 47 -1 WITH CERTAIN WATER AND WATER RIGHTS,AS MORE PARTICULARLY S_) B N00'0414TE 47.01' 1 81201700' 20A0. 31A2 20A0 DESCRIBED IN THE DEED REC.MAR.18,1928,IN BK.663,PG.591 OF DEEDS. Ll) " C 7 N89'S85NPW I 20.01' 2 69'SBDP 10.09 1570 SBB SAID EASEMENT CANNOT BE LOCATED FROM RECORDS.SAID EASEMENT IS 11'i-T Et 4 PARCEL 2 ,cQ"' :� �5 LOCATED IN STREETS,EXCEPT AT WATER METER CONNECTION POINTS. a1 LL§. m P g 75 AN EASEMENT FOR PURPOSES HERON STATED,AND RIGHTS INCIDENTAL i.-1 E/ 3.80 AC GROSS /•, '� .X N THERETO AS PROVIDED IN AN INST.REC.OCT.19,1911 Be BK 340 PG.99 OF L�B m 3.54 AC NET G�'rq� ? O DEEDS FOR DRCHES,FLUMES,AQUEDUCTS AND INCIDENTAL PURPOSES IN w ���` LE j,',N, DEEDS FAVOR OF SAN JACINTO LAND COMPANY,A COPORATION.SAID EASEMENT I' 3 l Q Tu O Q - CANNOT BE LOCATED FROM RECORDS. PP` y1 DI Lu MI F W • - AN EASEMENT FOR THE HEREINAFTER SPECIFIC PURPOSE AND INCIDENTAL T'"4'\9 Q �R Q n PURPOSES.IN FAVOR OF CITIZENS WATER COMPANY OF SAN JACINTO,A ^� v I; i I _ I/ CORPORATION,IN INST.REC.DEC.4,1911,N BK 341 P(4.195;MAR.28,1917, y g IN BK..160,PG.96 6 JAN.5,1922 IN BK 538 PG.503.ALL OF DEEDS,RECORDS _ 4 S OF RIVERSIDE COUNTY,CALIFORNIA.SAID EASEMENT FOR MAINS AND 1 3 LATERALS CANNOT BE LOCATED FROM RECORDS. C= ] / 1 -13 i _ _• _------ • AN EASEMENT FOR THE HEREINAFTER SPECIFIC PURPOSE AND INCIDENTAL 0' 3D 6D 120' 180 210' PURPOSES,IN FAVOR OF EASTERN MUNICIPAL WATER DISTRICT,IN INST. S 1 GRAPHIC SCALE IN FEET REC.MAY 5,1972 AS INST.NO.58825,OF OFFICIAL RECORDS OF RIVERSIDE 3259 Ml7C - . �.-L-�Y 1- 1 COUNTY,CALIFORNIA.SAID EASEMENT FOR WATER MANS AND LATERALS _ AND CANNOT BE LOCATED FROM THE RECORDS. 594.72. el T.5.A�R>W.]SEC.3,B.B.AL A NN'S8TKW 86023' AN EASEMENT FOR INCIDENTAL PURPOSES W FAVOR OF SOUTHERN 3 C1T Y O SAN' JACINTO CALIFORNIA EDISON COMPANY,AS FURTHERLY DESCRIBED IN INST.NEC A3268 ESPLANADE DEC.11,1881,AS INST.NO.12BI59,O.R.OF RIVERSIDE COUNTY, PARCEL 3 LOT'0' AVENUE CALIFORNIA ` Y. - 9 ' SITE Z A AN FA PINFAVOROFTHEPUBLICFORPUCLIC ROAD, DEDICATION. GC a 2.22 AC GROSS < COMMONWEALTH AVENUE INCIDENTAL PURPOSES AS SET FORTH N A DECLARATION OF DEOICA7ION. a 2.00 AC NET� -� E o REC.APRIL 2,1982 AS INSTRUMENT NO.56640,O.R. (`C • 33' 30' A AN EASEMENT FOR PURPOSES HEREIN STATED,AND RIGHTS INCIDENTAL N S THERETO AS PROVIDED ININST.NO.326696,OR,REC.SEP.20,1991 FOR L LL 'W U N PUBLIC ROAD,PUBLIC UTILITY AND INCIDENTAL PURPOSES IN FAVOR CF 591.77 F � AVENUE MENLO f THE CITY OF SAN JACINTO,A MUNICIPAL CORPORATION,AFFECTING THATZ 1tFJl / _ PORTION OF LOT 23 OF MIDWAY RANCH TRACT AS SHOWN BY MAP ON FLE Q N39'S359'N 66027(660(N�I89'S352'E 660.061 _/ IN BK.B OF MAPS,PG.50,O.R.OF RIVERSIDE COUNTY,CµFORNIA a 30'•. co 4 ADEDICATION OF)FEET ADORIONµRKTIR-OF-WAY TO SANTA FEAVE Lin MIDWAY-RANCH-1 TRACT k OAKLAND AVENUE '`. ,-- INCLUDING THAT PORTION OF LOT 23 OF MIDWAY RANCH TRACT,M.B.8/50, Ti M.B.TANGENT TO THE WEST LINE OF SANTA FE AVE.RIGHTOF.WAY. Q CO N - AA BJ'SO CIT OF. 1-IEMET A//�� A PORTION OF LOT 24 p VICINITY MAP• DEDICATION OF AN EASEMENT TO PUBLIC USE FOR CONSTRUCTION AND c r•o PER DEED REC. 2000-52269 OAKWOOD ST. NOT TO SCALE MAINTENANCE OF DRAINAGE FACAt71E9. -1 -, T/{OXAS BIP0.4.PAGE 81 COOBO 84,2004 ELUTION 1 / AGENDA ITEM I . December 1, 2005 TO: The Honorable Mayor and Members of the City Council FROM: Special Tax Consultant and City Attorney SUBJECT: Approve and Adopt Resolution No. Certifying the Results of an election and adding property (known as San Jacinto Z, LLC -Tract 28224-1 &28224-2) into Community Facilities District No. 2003-1 for Police and Fire Services (CFD 2003-1, Annexation No. 22) RECOMMENDATION: By motion, approve and adopt Resolution No. certifying the results of an election and adding property to Community Facilities District No. 2003-1. BACKGROUND: The City Council and Planning Commission have recently identified the need for additional funding sources for police protection and fire protection and suppression services, especially those services that are created by new development within the City. In response to the need for additional funding for such services, the City Council formed Community Facilities District 2003-1 (the "District') and the levy of special taxes therein. On November 6, 2003, the City Council called an election of the landowners affected by the formation of the District and the levy of special taxes. The landowners approved the formation of the District and levy of special taxes with over a two-thirds majority vote of the voters voting. On June 3, 2004, the City Council approved the Future Annexation Area and a process to expedite the annexation of territory into the District. Several developers are developing certain real property within the boundaries of the Future Annexation Area. As a condition to receiving building permits from the City, most developers must annex their territory into the District. The developer, San Jacinto Z, LLC, now desires to annex Tract Nos. 28224-1 & 28224-2 into the District in order to obtain building permits. JUSTIFICATION: The adoption of the resolution is required to annex the territory into the District. Approvals City Manager: (3E Finance Director: BUDGETARY IMPACT: The annexation of the developer's property into the District will have a beneficial impact to the City's budget in that, upon implementation of the proposed annexation, it would assist in the funding of police and fire services that would otherwise come from the City's general fund. ATTACHMENTS: Resolution No. Attachment A-1 — Rate and Method of Apportionment Page 2 of 2 Attachment A-1 RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2003-1 OF THE CITY OF SAN JACINTO A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels in Community Facilities District No. 2003-1 of the City of San Jacinto ("CFD No. 2003-1") and collected each Fiscal Year commencing in Fiscal Year 2003-2004,in an amount determined by the Council through the application of the appropriate Special Tax for"Developed Property"as described below. All of the real property in CFD No. 2003-1,unless exempted by law or by the provisions hereof,shall be taxed for the purposes,to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage"means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map,parcel map,condominium plan,or other recorded County parcel map. "Act"means the Mello-Roos Community Facilities Act of 1982,as amended,being Chapter 2.5,Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No.2003-1: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes(whether by the County or otherwise);the costs to the City,CFD No. 2003-1 or any designee thereof of complying with City or CFD No. 2003-1 disclosure requirements;the costs associated with responding to public inquiries regarding the Special Taxes;the costs of the City,CFD No.2003-1 or any designee thereof related to an appeal of the Special Tax;and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2003-1 for any other administrative purposes of CFD No. 2003-1,including attomey's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Apartment Property"means any Assessor's Parcel of Residential Property that consists of a building or buildings comprised of attached residential units available for rental, but not purchase,by the general public and under common management. "Assessor's Parcel Map"means an official map of the Assessor of the County designating parcels by Assessor's Parcel number. City of San Jacinto October 30,2003 Community Facilities District No.2003-1 Page 1 "CFD Administrator" means an official of the City, or designee thereof, responsible for calculating the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD No.2003-1" means Community Facilities District No. 2003-1 of the City. "City" means the City of San Jacinto. "Consumer Price Index"means the Consumer Price Index published by the U.S. Bureau of Labor Statistics for"All Urban Consumers" in the Los Angeles-Anaheim-Riverside Area, measured as of the month of December in the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published,the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the City of Los Angeles. "Council" means the City Council of the City, acting as the legislative body of CFD No. 2003-1. "County" means the County of Riverside. "Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for new construction was issued after March 1, 2003 and as of March 1 of the previous Fiscal Year. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Floor Area" for any Non-Residential Property means the total square footage of the building(s)located on such property,measured from outside wall to outside wall,exclusive of overhangs, porches, patios, carports, or similar spaces attached to the building but generally open on at least two sides. The determination of Floor Area shall be made by reference to the building permit(s)issued for such Assessor's Parcel. "Land Use Class" means any of the classes listed in Table 1 and Table 2. "Maximum Special Tax" means the Maximum Special Tax A and/or Maximum Special Tax B, as applicable. "Maximum Special Tax A"means the Maximum Special Tax A,determined in accordance with Section C.1 below,that can be levied in any Fiscal Year on any Assessor's Parcel. "Maximum Special Tax B"means the Maximum Special Tax B,determined in accordance with Section C.2 below,that can be levied on any Assessor's Parcel of Taxable Property on a one-time basis, at the time a building permit for new construction is issued for such Assessor's Parcel. "Non-Residential Property" means all Assessor's Parcels for which a building permit(s) was issued for a non-residential use. City of San Jacinto October 30,2003 Community Facilities District No.2003-1 Page 2 "Non-Retail Commercial/Industrial Property" means all Assessor's Parcels of Developed Property that are considered Non-Residential Property and that are not Retail Commercial Property. "Property Owner Association Property" means, for each Fiscal Year, any Assessor's Parcel within the boundaries of CFD No. 2003-1 that was owned by or irrevocably offered for dedication to a property owner association,including any master or sub-association,as of January 1 of the previous Fiscal Year. "Proportionately" means that the ratio of the actual Special Tax A levy to the Maximum Special Tax A is equal for all Assessor's Parcels of Developed Property. "Public Property" means, for each Fiscal Year, (i)any property within the boundaries of CFD No. 2003-1 that was owned by or irrevocably offered for dedication to the federal government,the State, the City or any other public agency as of January 1 of the previous Fiscal Year;provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use; or(ii)any property within the boundaries of CFD No. 2003-1 that was encumbered, as of January 1 of the previous Fiscal Year, by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Retail Commercial Property"means all Assessor's Parcels of Non-Residential Property for which the building permit was issued for a retail sales tax generating use or which is being used primarily for a retail sales tax generating use, as determined by the CFD Administrator. However, if the land use of an Assessor's Parcel changes, and such Assessor's Parcel no longer generates retail sales tax,such Assessor's Parcel shall no longer be considered Retail Commercial Property and shall be classified and taxed according to its use, as determined by the CFD Administrator. "Single Family Property"means all Assessor's Parcels of Residential Property for which building permits have been issued for detached residential units, excluding Apartment Property. "Special Tax" means the Special Tax A and/or Special Tax B, as applicable. "Special Tax A" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property to fund the Special Tax Requirement. "Special Tax B" means the one-time Special Tax which is paid directly to the City at the time a building permit for new construction is issued for an Assessor's Parcel of Taxable Property. City of San Jacinto October 30,2003 Community Facilities District No.2003-1 Page 3 "Special Tax Requirement" means that amount required in any Fiscal Year to meet the needs of CFD No. 2003-1 to: (i)pay for fire protection and suppression services(ii)pay for police protection services(iii)pay Administrative Expenses;less(iv)a credit for any funds available to reduce the annual Special Tax levy, as determined by the CFD Administrator. "State" means the State of California. "Taxable Property"means all of the Assessor's Parcels within the boundaries of CFD No. 2003-1 which are not exempt from the Special Tax pursuant to law or Section E below. "Undeveloped Property" means,for each Fiscal Year, all Taxable Property not classified as Developed Property. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within CFD No. 2003-1 shall be classified as Developed Property or Undeveloped Property and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Section C. Residential Property shall be assigned to Land Use Classes 1 and 2 based on the type of structure located on the Assessor's Parcel. Non-Retail Commercial/Industrial Property shall be assigned to Land Use Class 3. C. MAXIMUM SPECIAL TAX RATE 1. Special Tax A The Special Tax A is an annual Special Tax that shall be levied on Developed Property to fund the Special Tax Requirement. a. Developed Property (i) Maximum Special Tax A The Maximum Special Tax A for Fiscal Year 2003-2004 for each Land Use Class is shown below in Table 1. City of'San Jacinto October 30,2003 Community Facilities District No.2003-1 Page 4 TABLE 1 Maximum Special Tax A for Developed Property For Fiscal Year 2003-2004 Community Facilities District No. 2003-1 Land Use Class Description Maximum Special Tax A 1 Single Family Property $350 per unit 2 Apartment Property $262.50 per unit Non-Retail 3 $0.119 per SF of Floor Area Commercial/Industrial Property (ii) Increase in the Maximum Special Tax A On each July 1,commencing on July 1,2004,the Maximum Special Tax A shall be increased based on the percentage change in the Consumer Price Index with a maximum annual increase of six percent(6%)and a minimum annual increase of two percent(2%)per Fiscal Year. (iii) Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Taxes that can be levied for all Land Use Classes located on that Assessor's Parcel. b. Undeveloped Property No Special Tax A shall be levied on Undeveloped Property. City of San Jacinto October 30,2003 Community Facilities District No.2003-1 Page 5 2. Special Tax B The Special Tax B is a one-time Special Tax that shall be paid directly to the City at the time a building permit for new construction is issued for an Assessor's Parcel of Taxable Property. a. Maximum Special Tax B The Maximum Special Tax B for Fiscal Year 2003-2004 for each Land Use Class is shown below in Table 2. TABLE 2 Maximum Special Tax B For Fiscal Year 2003-2004 Community Facilities District No. 2003-1 Land Use Class Description Maximum Special Tax B 1 Single Family Property $600 per unit 2 Apartment Property $450 per unit Non-Retail 3 Commercial/Industrial $0.204 per SF of Floor Area Property b. Increase in the Maximum Special Tax B On each July 1, commencing on July 1, 2004,the Maximum Special Tax B shall be increased based on the percentage change in the Consumer Price Index with a maximum annual increase of six percent(6%)and a minimum annual increase of two percent(2%) per Fiscal Year. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX 1. Special Tax A Commencing with Fiscal Year 2003-2004 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement. The Council shall levy the Special Tax A until the amount of Special Taxes equals the Special Tax Requirement. The Special Tax A shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax A as needed to satisfy the Special Tax Requirement. City of San Jacinto October 30,2003 Community Facilities District No.2003-1 Page 6 Notwithstanding the above, under no circumstances will the Special Tax A levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within CFD No. 2003-1. 2. Special Tax B Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall levy the Special Tax B on each Assessor's Parcel that is subject to the Special Tax B at 100%of the applicable Maximum Special Tax B. The Special Tax B shall be collected by the City at the time a building permit for new construction is issued for an Assessor's Parcel of Taxable Property. E. EXEMPTIONS No Special Tax shall be levied on Retail Commercial Property,Property Owner Association Property or Public Property. However, should an Assessor's Parcel no longer be classified as Retail Commercial Property,Property Owner Association Property or Public Property,its tax-exempt status will be revoked. F. APPEALS AND INTERPRETATIONS Any landowner or resident may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal,all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant,the CFD Administrator shall eliminate or reduce the Special Tax on the appellant's property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination,the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the City Clerk,provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFD Administrator's determination. Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment. City of San Jacinto October 30,2003 Community Facilities District No.20034 Page 7 G. MANNER OF COLLECTION The Special Tax A shall be collected in the same manner and at the same time as ordinary ad valorem property taxes;provided,however,that in Fiscal Year 2004-05 and each Fiscal Year thereafter,CFD No. 2003-1 may directly bill the Special Tax A,may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. Commencing in Fiscal Year 2003-04,the Special Tax B shall be paid directly to the City. H. TERM OF SPECIAL TAX The Special Tax A and Special Tax B shall be levied as long as necessary to fund items(i) and (ii)of the Special Tax Requirement. K:\Clients2\San Jacinto\Mello\Police&Fire CFD\RMA\servicesrma9.doc City of San Jacinto October 30,2003 Community Facilities District No.2003-1 Page 8 STATE OF CALIFORNIA ) RESOLUTION NO. COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY (KNOWN AS SAN JACINTO Z, LLC — TRACT NOS. 28224- 1 & 28224-2) TO COMMUNITY FACILITIES DISTRICT NO. 2003-1 (CFD 2003-1, ANNEXATION NO. 22) WHEREAS, the City Council of the City of San Jacinto (the "City Council"), has previously formed a Community Facilities District pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, said Article 3.5 thereof. The existing Community Facilities District being designated as COMMUNITY FACILITIES DISTRICT NO. 2003-1 (the "CFD No. 2003-1"); and, WHEREAS, the City Council has also established a procedure to allow and provide for future annexations to CFD No. 2003-1 and the territory proposed to be so annexed in the future was designated as COMMUNITY FACILITIES DISTRICT NO. 2003-1, FUTURE ANNEXATION AREA (the "Future Annexation Area"); and WHEREAS, at this time the unanimous consent to the annexation of certain territory within the Future Annexation Area to CFD No. 2003-1 has been received from the property owner or owners of such territory, and such territory has been designated as ANNEXATION NO. 22 (the "Annexed Area"); and WHEREAS, less than twelve (12) registered voters have resided within the territory of the Annexed Area for each of the ninety (90) days preceding December 1, 2005, therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the "landowners" of such Annexed Area as such term is defined in Government Code Section 53317(f) and each such landowner who is the owner of record as of October 20, 2005, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within such Annexed Area; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the property within the Annexed Area to the qualified electors of the Annexed Area and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the Annexed Area; and WHEREAS, the City Clerk of the City of San Jacinto has caused ballots to be distributed to the qualified electors of the Annexed Area, has received and canvassed such ballots and made a report to the City Council regarding the results of Page 1 of 3 such canvas, a copy of which is attached as Exhibit A hereto and incorporated herein by this reference; and WHEREAS, at this time the measure voted upon and such measure did receive the favorable 2/3's vote of the qualified electors, and the City Council desires to declare the results of the election; and WHEREAS, a map showing the Annexed Area and designated as Annexation No. 22 (the "Annexation Map"), a copy of which is attached as Exhibit B hereto and incorporated herein by this reference, and a list of Assessor Parcel Numbers and landowners, a copy of which is attached as Exhibit C hereto and incorporated herein by this reference, has been submitted to the City Council. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto, that: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Findings. This City Council does hereby determine as follows: A. The unanimous consent to the annexation of the Annexed Area to CFD No. 2003-1 has been given by all of the owners of the Annexed Area and such consent shall be kept on file in the Office of the City Clerk. B. Less than twelve (12) registered voters have resided within the territory of Annexed Area for each of the ninety (90) days preceding December 1, therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the "landowners" of such Annexed Area as such term is defined in Government Code Section 53317(f). C. The qualified electors of the Annexed Area have unanimously voted in favor of the levy of special taxes within the Annexed Area upon its annexation to CFD No. 2003-1. SECTION 3. Annexed Area. The boundaries and parcels of territory within the Annexed Area and on which special taxes will be levied in order to pay for the costs and expenses of authorized public facilities are shown on the Annexation Map as submitted to and hereby approved by this City Council. SECTION 4. Declaration Of Annexation. The City Council does hereby determine and declare that the Annexed Area is now added to and becomes a part of CFD No. 2003-1. The City Council, acting as the City Council of CFD No. 2003-1, is hereby empowered to levy the authorized special tax within the Annexed Area. SECTION 5. Notice. Immediately upon adoption of this Resolution, notice shall be given as follows: Page 2 of 3 1 A. A copy of the annexation map as approved shall be filed in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. APPROVED, SIGNED and ADOPTED this 1st day of December, 2005, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By: Chris Carlson Buydos, Mayor ATTEST: Dorothy L. Chouinard, City Clerk City of San Jacinto APPROVED AS TO FORM: City Attorney, City of San Jacinto Best, Best & Krieger, LLP. Page 3 of 3 Exhibit A Certificate of Election Official and Statement of Votes Cast STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) ss. CITY OF SAN JACINTO The undersigned, ELECTION OFFICIAL OF THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 SPECIAL ELECTION ANNEXATION NO. 22 in the City, held on December 1, 2005. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed to Community Facilities District No. 2003-1 of the City of San Jacinto for or against the Measure are full, true and correct. VOTES CAST ON PROPOSITION 1: YES NO WITNESS my hand this day of , 2005 Dorothy L. Chouinard, City Clerk City of San Jacinto Page A-1 Exhibit B SHEET 1 OF 3 ANNEXATION MAP NO. 22 TO CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 COUNTY OF RIVERSIDE STATE OF CALIFORNIA Reference is hereby made to that certain map entitled "Amended Boundaries of City of San Jacinto Community Facilities District No. 2003-1, County of Riverside, State of California," filed (1) Filed in the office of the City Clerk of the City of San Jacinto the 22nd day of December, 2003, at the hour of 8 o'clock a.m. in Book 55 at pages 58-59, and this day of 2005. number 2003-995886 in the office of the CountyRecorder of the Countyof as instrument Riverside, State of California, which this Annexation Map affects. +\ / RECORD RD.�V Dorothy L. Chouinard, San Jacinto City Clerk 17‘C '' VICINITY MAP �� J; (2) I hereby certify that the within map showing the proposed boundaries of Annexation No. 22 to City of San Jacinto 4. Community Facilities District No. 2003-1, Riverside County, State of California, was approved by the City Council at a regular Q u; BERGINS . meeting thereof, held on this day of , 2005, N O R ck r�r A ,9AMONA EX _ by its Resolution No. + oO .. 418 V >. p a 0 5 See • `) � t m i.Sheet 2 Dorothy L. Chouinard, San Jacinto City Clerk COTTONWOOD ST. — a I IN , . PEACHST.9 a p MAIN ST. (3) Filed this day of , 2005, at the hour of o'clock_m, Q , in Book of Maps of Assessment and Community Facilities SEVENTH ST. a Districts at page and as Instrument No. in 2 S ••VER ST. U the office of the County Recorder of Riverside County, State of California. a .- E EVANS • Larry W. Ward ESPLANVE AVE y 2 H 4:"...4 Assessor-County Clerk-Recorder of Riverside County > a COMMO EAL H Amh Q H V EATON AVE. Y W " By FRUITVALE AVE. Deputy i Q�F Fee Exempt recording requested, per CA Government Code§6103 Prepared by David Taussig & Associates, Inc. SHEET 2 OF 3 ANNEXATION MAP NO. 22 TO CITY OF SAN JACINTO SEVENTH sr. COMMUNITY FACILITIES DISTRICT NO. 2003-1 IIIMCOUNTY OF RIVERSIDE �,�I� STATE OF CALIFORNIA -31 �•�ii LEGEND ••, , •� Boundaries of Annexation No. 22 , •� to City of San Jacinto Community ,,,,,'. Facilities District No. 2003-1 Ass essor Parcel Line m 0 1. n z n m Reference is hereby made to the Assessor maps of the County of Riverside for a description of the lines and dimensions of each lot and parcel. Q. i Prepared by David Toussig & Associates, Inc. SHEET 3 OF 3 ANNEXATION MAP NO. 22 TO CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 COUNTY OF RIVERSIDE STATE OF CALIFORNIA Assessor Parcel Numbers within the Boundaries of City of San Jacinto CFD No. 2003-1 Annexation No. 22: 433- 150-053 433-451 -022 433-453-012 433-454-018 433- 150-057 433-451 -023 433-453-013 433-454-019 433-451 -001 433-451 -024 433-453-014 433-454-020 433-451 -002 433-451 -025 433-453-015 433-454-021 433-451 -003 433-451 -026 433-453-016 433-454-022 433-451 -004 433-452-001 433-453-017 433-454-023 433-451 -005 433-452-002 433-454-001 433-454-024 433-451 -006 433-452-003 433-454-002 433-454-025 433-451 -007 433-452-004 433-454-003 433-455-001 433-451 -008 433-452-005 433-454-004 433-455-002 433-451 -009 433-452-006 433-454-005 433-455-003 433-451 -010 433-452-007 433-454-006 433-455-004 433-451 -011 433-453-001 433-454-007 433-455-005 433-451 -012 433-453-002 433-454-008 433-455-006 433-451 -013 433-453-003 433-454-009 433-455-007 433-451 -014 433-453-004 433-454-010 433-455-008 433-451 -015 433 453 005 433-454-011 433-455-009 433-451 -016 433-453-006 433-454-012 433-455-010 433-451 -017 433-453-007-4 3-007 433-454-013 433-455-011 433-451 -018 433-453-008 433-454-014 433-455-012 433-451 -019 433-453-009 433-454-015 433-455-013 433-451 -020 433-453-010 433-454-016 433-455-014 433-451 -021 433-453-011 433-454-017 433-456-001 Exhibit C 03-1 San Jacinto Annexation No. 22 to CFD 2003-1 Map Project Guide 1 Boundary Map Annexation No. 22 Assessor Parcel Tract Project Sheet Number Number(s) Number Name Land Owner / Developer 2 433-150-053, 28224 Robert Zuckerman / 433-150-057, San Jacinto Z, LLC 433-451-001 through 433-451-026, 433-452-001 through 433-452-007, lT 433-453-001 through 433-453-017, 433-454-001 through 433-454-025, 433-455-001 through 433-455-014, 433-456-001 Note: This map project guide is included to help identify properties within the CFD, but this guide is not intended for County of Riverside recordation with the Annexation map it refers to. AGENDA ITEM December 1, 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. 11 (Empire Homes SJ 137 LP — Tract No. 30481) (LLPD No. 2, Annexation No. 11) 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. 11") b. Resolution No. Approving the Engineer's Report for the Annexation of Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 11"). c. Resolution No. Declaring Intention to Annex Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 11"). 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 Resolution No. Ordering Annexation of Territory to Landscaping, Lighting and Park District No. 2 and Levying Assessments. Approvals City Manager: Finance Director: BACKGROUND: In connection with the development of property owned by Empire Homes SJ 137 LP in the City of San Jacinto, County of Riverside (Tract No. 30481), 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 December 1, 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 December 1, 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 December 1, 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 Page 2 of 3 proposed to be 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 EMPIRE HOMES SJ 137 LP TRACT NO. 30481) TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2) ANNEXATION NO. 11 AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT (LLPD NO. 2 ANNEXATION NO. 11) 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. 30481, in the City of San Jacinto, County of Riverside, and shall be designated "Annexation No. 11 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. 11 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 1st day of December, 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. 11 to Landscaping, Lighting and Park District No. 2 Legal Description Assessor Parcel Number: 431-090-002 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 EMPIRE HOMES SJ '137 LP, TRACT NO. 30481) (LLPD NO. 2, ANNEXATION NO. 11) WHEREAS, on December 1 , 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 arid 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. 11 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 1st day of December, 2005, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By, u 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. 11: CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Preliminary Date: December 1, 2005 Confirmed Date: December 1, 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. 11 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. 11 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 11 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. 11 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. 30481, and is designated as Zone 11. Future annexations will be assigned Zone designations; e.g. Zone 12, Zone 13, Zone 13A, Zone 14, 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 11 Improvements The improvements included in Zone 11 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,junction structures, detention basins, and overflow 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. 11 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 11, 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. 11 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 11 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. 11 is estimated to be $94,992.87. The maximum annual assessment per Assessment Unit (AU—also equivalent to one single-family dwelling unit) for the 2006-2007 fiscal year is $753.91 per lot in Tract No. 30481 (126 residential lots). LLPD No.2-Engineer's Report 3 Annexation No. 11 okoFEss C( . F Fo B-FRIEDRIC & ASSOC., C. e JOHN A. FRIEDRICH, P.E. No. C27861 ASSESSMENT ENGINEER Exp.3/31/a6 04)- CI c POI?`� Date: //-Z/"�5 LLPD No.2-Engineer's Report 4 Annexation No. 11 APPENDIX EXHIBITS Exhibit"A" - Boundary Map Exhibit "B" - Cost Estimate Exhibit"C" - Assessment Spread 6 o A c N 1 fi L. I i;n 1 4iOw H 3nrYw e i a: 8$0 g C NC u a mU CC t) N ss 0 �a _ Z qi x M!r'N'v 1]21.N' � MO 37. II ^ 4 n IS flPirll 1 9 Rp 0 0 m % i f I \.'g. .k _ if wwlmram y,\� yi 1`3 p -Mr ..*''' n I'i � N ! N I 'a 9R�Iea '1 ... .. 'I ,..,,.y18 I .-e, ..td..--- ' # ki' - !3 ) , 11 , V i R 1..16 -# ' — I :O ' I a • I :a.I `,.. -!.1 I) % ) our . .ilk . .7 , ,. WI C I �� w t �,ep F 53 " V �I I I N I\, MOM. 21 1� ^ W e I I CO Y I---D I A.-Z-='-... \ g .. .' ''. — I R 1 i : 6. rRI 4. ,a•�. u D ri I kr° .'° . . / 1 I Y 1 I R =I ma ‘14. , ,n mN 2 6 81\t. I m µl,,, i 11 K / 9W 1 It' s`� .. IIS t' v ' a I. I ."ate . ' 1 I . I h •.. ' I �� 7 9 A2 ji ... ;,,, ,.... , , 0 _ IL z=c K,r,rsew _ _ _ '3 A V 0 0 0 M N 0 1 1 0 0 1 1 CITY OF SAN JACINTO LIGHTING,LANDSCAPING AND PARK DISTRICT NO.2 Annexation No.11 (Zone 11) COST ESTIMATE Street Lights 8 Tratfcc Signals Park Maintenance Landscape Maintenance Storm Drain Mani. Graffiti Removal TOTALS Item Quantity Unit Unit Cost Cost/Mo. I Cosi/Yr. Cost/Mo. I Cost/Yr. Cost/Mo. I Cost/Vr. Cost/Mo. I Cost/Yr. Cost/Mo. Cost/Yr. Per Month I Per Year I Tract No.30481 • (126 Residential Lots) Street 1 fights aM Traffic Signalt Street Lights 9.500 tumen(In-tract) 35 Ea. $9.62 /mo $336.70 $4.040.40 $336.70 S4,040.40 Leas General Benefit$9.62/Ughtx 3.7$lights ($36.08) ($432-90) ($36.08) ($432.90) 22,000 lumen(Cottonwood Aso) I 1 Ea. $14.08 /mo $14.08 $168.96 $14.08 $168.96 Lees General Benefit:$14.08/Light z 0.6 Lights= ($7.04) ($84.48) (87.04) ($84.48) • Traffic Signals-Cottonwood Ave$Kirby St 8 Cottonwood Ave$Lyon Ave Maintenance Cost/Signal2 L.S. 5278.67 /mo $557.33 56.688.00 $557.33 $6.688.00 Energy Cost($55/Sgnal/Month) 2 L.S. $55.00 /mo $t10.00 $1.320.00 $110.00 $1,320.00 Less General Benefit(80%for'Pass-through' Traffic and 30%for the non-project segments surrounding the signet=90%)-both signals ($600.60) ($7,207.20) ($600.60) ($7,207.20) Note'.Assessments for future traffic signals shall not be collected until said signals are installed. Park Maintenanca Resurface Tot Lot-3 year intervals 2,688 x 1/3 S.F. $0.620/yr S61.23 $734.72 $61.23 $734.76 Resurface Basketball Cotet-5 year intervals 3,836 z 1/5 S.F. $3.50/yr $223.77 $2.685.20 S223.77 52.685.24 Park Equipment Maintenance 8 Replacement 1 LS. $150/yr $12.50 $150.00 $12.50 $150.00 Park#1 Landscaping(Lot 132) 88,860 S.F. $0.091 /yr $673.86 $8,086.26 $673.86 $8,086.26 Park#2 Landscaping(Lot 129) 43,600 S.F. $0.091 /yr $330.63 $3,967.60 $330.63 $3,967.60 Park#3 Landscaping(Lot 127) 55,785 S.F. $0.081 /yr $423.04 $5,076.44 $423.04 $5,076.44 Open Space Landscaping Lots 128 Detention Basin 12,675 S.F. $0.088/yr $92.95 $1.115.40 $92.95 $1,115.40 Lots 131 Detention Basin 19,405 S.F. $0.088/yr $142.30 $1,707.64 S142.30 $1,707.64 legation Water 220,325 S.F. $0.061 /yr $1,494.54 $17,934.46 E1,494.54 E17,934.46 J annsrape Maintenance(Parkways) Cottonwood Ave(10'wide) 3,180 S.F. $0.088/yr $23.32 $279.84 $23.32 $279.84 Sandlewood St(Backyards-8'wide) 3,750 S.F. $0.088/yr $27.50 $330.00 $27.50 $330.00 Irngallon Water 6,930 S.F. $0.061 /yr $47.01 S564.10 $47.01 $564.10 Ctorm fkain Maintenance Storm Drains 8 Catch Basins 13 Men-hr. $50 hno $650.00 $7900.00 $650.00 $7,800.00 Detention Basins 15 Alen-Ir. $60/mo $750.00 $9,000.00 $750.00 $9,000.00 Graffiti Removal 1 LS. $330 hno $330.00 $3,960.00 $330.00 $3.960.00 Subtotal,Maintenance and Servicing $374.40 $4,492.78 $3,454.81 $41,457.71 $97.83 $1,173.94 51,400.00 $18,800.00 $330.00 $3,960.00 $5,657.04 $67,884.43 Contingency(10%) $37.44 $449.28 S345.48 $4,145.77 $9.78 8117.39 8140.00 $1,680.00 $33.00 $396.00 $565.70 $6,788.44 TOTAL,Maintenance and Servicing $411.84 $4,942.06 S3,800.29 $46,603.48 $107.81 81,291.34 $1,540.00 $18,480.00 $363.00 $4.356.00 $6,222.74 $74,672.88 lnridnntal Costs Assessment Engineer 1 LS. $3,150 /yr $17.37 S208.48 $180.31 $1,923.74 $4.64 $54.47 $84.96 $779.56 $15.31 $183.75 $262.50 $3.150.00 Legal Counsel 1 LS. $2,975 /yr $16.41 $196.89 $151.41 $1,516.86 $4.29 $51.45 $81.35 $736.25 $14.46 $173.54 $247.92 $2.975.00 City Administration 1 LS. $2,475 /yr $13.65 $163.80 $125.96 $1,511.51 $3.57 $42.80 $61.04 $612.51 $12.03 $144.38 $206.25 $2,475.00 City Inspection Costs 1 L.S. $5,350 /yr $29.51 $354.08 $272.27 $3,287.30 $7.71 $92.52 $110.33 $1,324.01 $26.01 $312.09 $445.83 $5,350.00 County Collection Fees 1 LS. $210 /yr $1.16 $13.90 $10.69 $128.25 $0.30 $3.63 $4.33 $51.97 $1.02 $12.25 $17.50 $210.00 Miscellaneous 1 L.S. $1,980 /yr $10.92 S131.04 $100.77 $1,209.21 $2.66 $34.24 $40.83 $490.01 $9.63 $115.50 $165.00 $1,980.00 Reserve Fund 1 LS. $4,180 /yr $23.05 $276.60 $212.73 $2,552.76 $6.02 $72.24 $86.21 $1,034.52 $20.32 $243.84 $348.33 $4,180.00 TOTAL,Incidental Costs $20,320 /yr $112.07 $1,344.79 I $1.034.14 I 512.409.62 $29.28 5351 35 0419.07 $5,028.84I S98.78 $1,185.36 $1,693.33 $20,320.00 • Conlnbutinns la the Dic_t ici Developer $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL AMOUNT TO ASSESSMENT $523.90 $6,286.85 54,834.43 $58.013.10 $136.89 $1,642.69 $1,959.07 $23,508.84 $461.78 $5,541.36 $7,916.07 $94,992.87 I Assessment per Lot e $753.91 I u..oesmbe.In 111n4 0 4 _ .... __.. CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 11 (Zone 11) ASSESSMENT SPREAD Parcel I Proposed Assessable Asmt. Storm Dollars Assessment Identification I Property Owner Name Land Use Acreage Units Street Lights Park Landscape Drain Graffiti per AU per Parcel TRACT No.30481 (126 Residential Lots) Lot 1 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 2 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 3 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 4 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 5 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 6 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 7 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 8 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 9 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 10 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 11 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 12 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 13 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 14 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 15 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 16 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 17 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 18 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 19 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 20 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 21 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 22 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 23 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 24 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 25 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 26 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 27 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 28 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 29 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 30 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 31 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 32 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 33 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 34 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 35 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 36 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 37 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 38 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 C-1 Exhibit "C" CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 11 (Zone 11) ASSESSMENT SPREAD Parcel Proposed Assessable Asmt. Storm Dollars Assessment Identification Property Owner Name Land Use Acreage Units Street Lights Park Landscape Drain Graffiti per AU per Parcel Lot 39 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 40 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 41 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 42 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 43 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 44 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 45 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 46 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 47 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 48 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 49 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 50 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 51 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 52 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 53 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 54 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 55 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 56 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 57 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 58 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 59 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 60 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 61 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 62 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 63 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 64 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 65 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 66 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 67 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 68 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 69 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 70 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 71 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 72 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 73 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 74 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 75 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 76 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 77 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 C-2 Exhibit "C" CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 11 (Zone 11) ASSESSMENT SPREAD Parcel Proposed Assessable Asmt. Storm Dollars Assessment Identification Property Owner Name Land Use Acreage Units Street Lights Park Landscape Drain Graffiti per AU per Parcel Lot 78 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 79 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 80 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 81 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 82 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 83 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 84 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 85 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 86 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 87 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 88 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 89 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 90 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 91 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 92 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 93 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 94 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 95 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 96 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 97 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 98 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 99 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 100 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 101 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 102 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 103 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 104 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 105 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 106 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 107 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 108 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 109 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 110 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 111 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 112 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 113 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 114 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 115 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 116 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 C-3 Exhibit "C" CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 11 (Zone 11) ASSESSMENT SPREAD Parcel Proposed Assessable Asmt. Storm Dollars Assessment Identification Property Owner Name Land Use Acreage Units Street Lights Park Landscape Drain Graffiti per AU per Parcel Lot 117 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 118 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 119 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 120 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 121 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 122 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 123 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 124 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 125 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 126 Empire Homes SJ 137 LP R1 n/a 1.00 $49.90 $460.42 $13.04 $186.58 $43.98 $753.91 $753.91 Lot 127 Empire Homes SJ 137 LP Park 0 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Lot 128 Empire Homes SJ 137 LP DB 0 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Lot 129 Empire Homes SJ 137 LP Park I --- 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Lot 130 Empire Homes SJ 137 LP Park 1 0 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Lot 131 Empire Homes SJ 137 LP DB 0 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Lot 132 Empire Homes SJ 137 LP FZ/Park 0 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TRACT No.30481 Totals 126.00 $6,286.85 $58,013.10 $1,642.69 $23,508.84 $5,541.36 $94,992.87 Legend: DB Detention Basin FZ Fault Zone OS Open Space Current Ownership: Empire Homes SJ 137 LP,a California limited partnership Applicant: Empire Homes Address: 20 Corporate Park,Suite 240 Address: 20 Corporate Park, Suite 240 Irvine,CA 92606 Irvine, CA 92606 Assessor Parcel Map: 431-090-002 C-4 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 EMPIRE HOMES SJ 137 LP, TRACT NO. 30481) (LLPD NO. 2, ANNEXATION NO. 11) 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. 11 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. 11 is all the property which is identified by Riverside County Assessor's Parcel Number 431-090-002. Upon the completion of the annexation proceedings, the property which comprises Annexation No. 11 will be designated as Zone 11 of the District ("Zone 1"). The boundaries of Annexation No. 11 or Zone 11 are further described and shown in the Report. The territory included within Zone 11 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. 11 and the Page 3 of 6 assessments which are proposed to be levied on the assessable lots and parcels of property within Zone 11 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. 11 or Zone 11 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. 11 or Zone 11, 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. Hearinq. 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 December 1, 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. 11 or Zone 11 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. 11 or Zone 11 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 1st day of December, 2005, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By: Chris Carlson Buydos ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: City Attorney, City of San Jacinto Best, Best & Krieger, LLP. Page 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 EMPIRE HOMES SJ 137 LP, TRACT NO. 30481) TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2) AND LEVYING ASSESSMENTS FOR FISCAL YEAR 2005-06 (LLPD NO. 2, ANNEXATION NO. 11) WHEREAS, on December 1, 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. 11" and "Zone 11," 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. 11 to and Zone 11 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. 11 is described in the Report and includes all of the property located within Tract No. 30481 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. 11, 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. 11 and as contained in the Report, is confirmed. Such annexed territory is designated as Zone 11 of the Assessment District. The territory comprising Annexation No. 11 and Zone 11 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 11 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. 11 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 11 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 11 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 11. 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 1 ADOPTED, SIGNED AND APPROVED this 1st day of December, 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. 11 in the City, held on December 1, 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 December, 2005 Dorothy L. Chouinard, City Clerk City of San Jacinto Page 5 of 5 S A N JACINTO TRANSMITTAL December 1, 2005 To: Honorable Mayor and members of the City Council From: Sandy McKay Special Districts Administrator Subj: Public Hearing Agenda Item 4.3.a—LLPD #2 Annex. 47, Tract 28224 -1 and -2 Public Hearing Agenda Item 4.3.c—LLPD #2 Annex. 47, Tract 28224 -1 and -2 S Please note that the above listed resolutions need to replace the resolutions that are currently found in your agenda. The current resolutions list incorrect APN's. The revised resolutions show the correct APN's. This does not affect the public notices, therefore the annexation process can move forward as typical. Please note Attorney e-mail stating that only the Resolution of Initiation and the Resolution of Intention need to be replaced. • 248 E. Main Street, San Jacinto, CA 92583— Special Districts • Message Page 1 of 1 Sandy McKay Illr n 1. h h From: Mrunal Mehta Shah [m u a s a @bbklaw.com] Sent: Tuesday, November 29, 2005 7:22 PM To: Sandy McKay Cc: Jeff S. Ballinger Subject: San Jacinto LLPD NO. 2/Annex No.47 & 11 -Replacement Resolutions Attachments: RV_PUB-704064-v1-CITY OF SAN JACINTO LLPD NO. 2 ANNEX NO. 47 RESOLUTION OF INITIATION.DOC; RV_PUB-704065-v1-SAN JACINTO LLPD NO. 2 ANNEX NO. 47 RESOLUTION OF INTENTION.DOC; RV_PUB-704068-v1-SAN JACINTO LLPD NO. 2 ANNEX NO. 11 RESOLUTION OF INITIATION.DOC; RV_PUB-704069-v1-SAN JACINTO LLPD NO. 2 ANNEX NO. 11 RESOLUTION OF INTENTION.DOC Hi Sandy - Per our discussion, here are the replacement resolutions which show the accurate APN descriptions. Only the Resolution of Initiation and Resolution of Intention need to be replaced. Mrunal Mehta Shah Associate Best Best& Krieger, LLP 3750 University Avenue Riverside, CA 92501 Phone: (951) 826-8259 Fax: (951) 686-3083 • e-mail: mrunaLshah@bbklaw.com ************************************************************************************ IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment) . ************************************************************************************ ************************************************************************************ This email and any files transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and delete the email you received. ************************************************************************************ • 12/1/2005 • AGE NJ IDA ITEM 4.3_A 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 SAN JACINTO Z, LLC TRACT NOS. 28224-1 & 28224-2) TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2)ANNEXATION NO. 47 AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT (LLPD NO. 2 ANNEXATION NO. 47) 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 servicingof street lights, traffic signals, graffiti P 9 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 Nos. 28224-1 & 28224-2, in the City of San Jacinto, County of Riverside, and shall be designated "Annexation No. 47 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. 47 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 1st day of December, 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. 47 to Landscaping, Lighting and Park District No. 2 Legal Description Assessor Parcel Number: 433-150-053; 433-150-057; 433-451-001 through 433-451- 026; 433-452-001 through 433-452-017; 433-454-001 through 433-454-025; 433-455- 001 through 433-454-014; 433-456-001 • • A N Co A ITEM 4.3_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 SAN JACINTO Z, LLC, TRACT NOS. 28224- 1 & 28224-2) (LLPD NO. 2, ANNEXATION NO. 47) 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 necessaryor convenient for 9 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. 47 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. 47 is all the property which is identified by Riverside County Assessor's Parcel Numbers 433-150-053; 433-150-057; 433- 451-001 through 433-451-026; 433-452-001 through 433- 452-017; 433-454-001 through 433-454-025; 433-455-001 through 433-454-014; 433-456-001. Upon the completion of the annexation proceedings, the property which comprises Annexation No. 47 will be designated as Zone 47 of the District ("Zone 47"). The boundaries of Annexation No. 47 or Zone 47 are further described and shown in the Report. The territory included within Zone 47 is generally located in the City of San Jacinto, County of Riverside. Upon completion of the annexation proceedings, such territory shall be detached from existing Landscaping, Lighting and Park District No. 1. SECTION 5. Report and Assessments. The Report, which is on file with the City Clerk of the City Council, and which has been • presented to the City Council at the meeting at which this resolution is adopted, is approved. Reference is made to the Page 3of6 • Report for a full and detailed description of the Improvements, the boundaries of Annexation No. 47 and the assessments which are proposed to be levied on the assessable lots and parcels of property within Zone 47 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. 47 or Zone 47 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. 47 or Zone 47, 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 December 1, 2005, at the San Jacinto Unified School District Board Room, located at 2045 S. San Jacinto Avenue, San Jacinto, California. SECTION 8. Notice of Hearing and Ballots. The City Clerk of the City Council shall mail notice of the proposed annexation and the proposed assessments and of the time and place of the public hearing, as specified in Section 7 hereof, to the record • owner of each assessable parcel of property identified in the Report. Such notice shall specify the total amount of the Page 4 of 6 assessment chargeable to all the property within Annexation • No. 47 or Zone 47 to Landscaping, Lighting and Park District No. 2, the amount chargeable to each owner's particular parcel, the duration of the assessments, the reason for the assessments and the basis upon which the amount of the proposed assessments was calculated, together with the date, time and location of the public hearing on the proposed assessments as specified in Section 7 hereof. The notice shall include, in a conspicuous place, thereon, a summary of the procedures applicable to the completion, return and tabulation of the assessment ballots, which will accompany the notice and shall include a statement that the existence of a majority protest will result in the assessments not being levied, and that a majority protest will exist if, upon the conclusion of the hearing, ballots submitted in opposition to the assessments exceed the ballots submitted in favor of the assessments. Each such notice mailed to owners of identified parcels within Annexation No. 47 or Zone 47 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 1st day of December, 2005, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By: Chris Carlson Buydos ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: City Attorney, City of San Jacinto Best, Best & Krieger, LLP. • Page 6 of 6 • Pri-44411PI S A N JACINTO TRANSMITTAL December 1, 2005 To: Honorable Mayor and members of the City Council From: Sandy McKay Special Districts Administrator Subj: Public Hearing Agenda Item 4.2.a—LLPD #2 Annex. 11, Tract 30481 Public Hearing Agenda Item 4.2.c—LLPD #2 Annex. 11, Tract 30481 • Please note that the above listed resolutions need to replace the resolutions that are currently found in your agenda. The current resolutions list incorrect APN's. The revised resolutions show the correct APN's. This does not affect the public notices, therefore the annexation process can move forward as typical. Please note Attorney e-mail stating that only the Resolution of Initiation and the Resolution of Intention need to be replaced. • 248 E. Main Street, San Jacinto, CA 92583—Special Districts • Message Page 1 of 1 Sandy McKay • From: Mrunal Mehta Shah [mrunal.shah@bbklaw.com] Sent: Tuesday, November 29, 2005 7:22 PM To: Sandy McKay Cc: Jeff S. Ballinger Subject: San Jacinto LLPD NO.2/Annex No. 47 & 11 -Replacement Resolutions Attachments: RV_PUB-704064-v1-CITY OF SAN JACINTO LLPD NO. 2 ANNEX NO. 47 RESOLUTION OF INITIATION.DOC; RV_PUB-704065-v1-SAN JACINTO LLPD NO. 2 ANNEX NO. 47 RESOLUTION OF INTENTION.DOC; RV_PUB-704068-v1-SAN JACINTO LLPD NO. 2 ANNEX NO. 11 RESOLUTION OF INITIATION.DOC; RV_PUB-704069-v1-SAN JACINTO LLPD NO. 2 ANNEX NO. 11 RESOLUTION OF INTENTION.DOC Hi Sandy - Per our discussion, here are the replacement resolutions which show the accurate APN descriptions. Only the Resolution of Initiation and Resolution of Intention need to be replaced. Mrunal Mehta Shah Associate Best Best& Krieger, LLP 3750 University Avenue Riverside, CA 92501 Phone: (951) 826-8259 Fax: (951) 686-3083 • e-mail: mrunal.shah@bbklaw.com ************************************************************************************ IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment) . ************************************************************************************ ************************************************************************************ This email and any files transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and delete the email you received. ************************************************************************************ • 12/1/2005 AGE1J EDA ITEM 4.2_A • 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 EMPIRE HOMES SJ 137 LP TRACT NO. 30481) TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2) ANNEXATION NO. 11 AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT (LLPD NO. 2 ANNEXATION NO. 11) 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. 30481, in the City of San Jacinto, County of Riverside, and shall be designated "Annexation No. 11 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. 11 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 1st day of December, 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. 11 to Landscaping, Lighting and Park District No. 2 Legal Description Assessor Parcel Number: 431-090-046-1 & 431-090-048-3 • • A G NJ ID ITEM 4.2 _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 EMPIRE HOMES SJ 137 LP, TRACT NO. 30481) (LLPD NO. 2, ANNEXATION NO. 11) 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. 11 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. 11 is all the property which is identified by Riverside County Assessor's Parcel Numbers 431-090-046-1 & 431-090-048- 3. Upon the completion of the annexation proceedings, the property which comprises Annexation No. 11 will be designated as Zone 11 of the District ("Zone 1"). The boundaries of Annexation No. 11 or Zone 11 are further described and shown in the Report. The territory included within Zone 11 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. 11 and the Page3of6 assessments which are proposed to be levied on the • assessable lots and parcels of property within Zone 11 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. 11 or Zone 11 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. 11 or Zone • 11, 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 December 1, 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. 11 or Zone 11 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. 11 or Zone 11 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 1st day of December, 2005, by the • following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By: Chris Carlson Buydos ATTEST: • Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: City Attorney, City of San Jacinto Best, Best & Krieger, LLP. • Page 6 of 6 AGENDA ITEM ya December 1, 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. 47 (San Jacinto Z, LLC — Tract No. 28224-1 & 28224-2) (LLPD No. 2, Annexation No. 47) 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. 47") b. Resolution No. Approving the Engineer's Report for the Annexation of Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 47"). c. Resolution No. Declaring Intention to Annex Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 47"). 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 Resolution No. Ordering Annexation of Territory to Landscaping, Lighting and Park District No. 2 and Levying Assessments. Approvals City Manager: Finance Director: BACKGROUND: In connection with the development of property owned by San Jacinto Z, LLC in the City of San Jacinto, County of Riverside (Tract No. 28224-1 & 28224-2), 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 December 1, 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 December 1, 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 December 1, 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 Page 2 of 3 proposed to be 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 SAN JACINTO Z, LLC TRACT NOS. 28224-1 & 28224-2) TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2)ANNEXATION NO. 47 AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT (LLPD NO. 2 ANNEXATION NO. 47) 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 Nos. 28224-1 & 28224-2, in the City of San Jacinto, County of Riverside, and shall be designated "Annexation No. 47 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. 47 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 15t day of December, 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. 47 to Landscaping, Lighting and Park District No. 2 Legal Description Assessor Parcel Number: 433-150-047, 433-150-048, 433-150-053 and 433-150-055 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 San Jacinto Z, LLC, TRACT NOS. 28224-1 & 28224-2) (LLPD NO. 2, ANNEXATION NO. 47) WHEREAS, on December 1, 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. 47 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 1st day of December, 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. 47: CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Preliminary Date: December 1, 2005 Confirmed Date: December 1, 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. 47 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. 47 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 47 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. 47 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 Nos. 28224-1 and 28224-2, and is designated as Zone 47. Future annexations will be assigned Zone designations; e.g. Zone 48, Zone 49, Zone 49A, Zone 50, 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. These tracts will become a private gated community, with all interior infrastructure to be maintained by the residents through a homeowner's association. The only public improvements to be maintained are outside of the tracts' boundary. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Zone 47 Improvements The improvements included in Zone 47 to be installed, operated, serviced, and maintained are street lighting and traffic signals, and parkway landscaping. Also included is graffiti removal. The aforementioned improvements are all on the periphery of the tract. All in-tract improvements will be maintained by a homeowner's association. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. 47 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 47, 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.47 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 47 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. 47 is estimated to be $53,120.45. The maximum annual assessment per Assessment Unit (AU—also equivalent to one single-family dwelling unit) for the 2006-2007 fiscal year is $238.21 per lot in Tract No. 28224-1 (86 residential lots) and Tract No. 28224-2 (137 residential lots). There are a total of 223 residential lots within this tract, LLPD No.2-Engineer's Report 3 Annexation No.47 otOFESS/Qv, �`, P' FR� -14 Fo,Q -FRI RI & ASSOC., INC. c 0 z JOHN A. FRIEDRICH, P.E. No. c27861 ASSESSMENT ENGINEER ic Exp.3/31/06 4. VIL ail cP1-06 Date: //— LLPD No.2-Engineer's Report 4 Annexation No.47 APPENDIX EXHIBITS Exhibit"A" - Boundary Map Exhibit"B" - Cost Estimate Exhibit"C" - Assessment Spread SNETT,OE2 EXHIBIT "A" BOUNDARY MAP LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 ANNEXATION NO. 47 for the CITY OF SAN JACINTO FISCAL YEAR 2004-200E ZONE 47 s wm wm w.m v.m wm wm w.n w.m-w.m wm'-w.rc wm m _ so �8 at ,°.°° 9 qq ^^ so TN iH1 � 2 I $4 85 16 17 s8 I 110 ;11 g12 113 ;14 y15 ?16 i17 16 g19 .2p �21 .2Y a43 � 24 s25 I's g a �T ii i�i + e e e e i e 6 $ 9 10 t II�iiiielp. SITE �\ _Asps mos. qm' .°m qm R.m' w qm' wm w q wAr ., s, m> : ' =w_1> m�'_ .m' !Pm J I MOW' -R1 a L3i➢!'r_E COURTU,NO v><�R Rm AVE�3— Y`E. « s BR_OOKMERE M--°srorsr'ROAD , " 'n'• °_agtiAmM /I .8 m +- soy-` ��\ rrt a2.r __�,� _ qT G -4�BROCKMERE+. - " 1_.., /i �� • LO.. ® ¢ggIlk o'* 55 s. (� a« \\ 26r. 13 - ` . t yam• T S m x56'1e 57 a58 `Y s\ I 6 i«B me0^ �� Ai m« 61 59 �� 4• I s 14 / /-' / •» „R nE« — BOm ._m 60 \ r -�' a 5 as 15 VICINITYW MAP /. yam �� PC1. oft i_ 52 \0 ;69 - .+" E 1 I ,,, 28 �g imm 1 c 79m 71 t:, 61 1 aI- I— .,. 4 s 16 i k 1 § -x 4 1°° T N. . 68 ••. 1 i I k 29 6 �� FILED sw+r,arrm OFFICE OF ov COY n°�bti.,STATE THE elf° �;r is ,x S�m 62 t TR 2822-0-1 8 s t7 rx,-Or., —a.a _2.— / / .A 72a ggk �. \\ Iso 3 S E®^ Q 77m L Spm _ e„ wv r.2r .\4\ xla 30 s�—rmm�� N cm CLERK / - 00 :z. �s. �•S. • 2 u$ 49 • 19 /b 2 _�: 76 1.,^ loan o. 66 65 • 63 31 - 3s Tm W RRE sr.rz°�21C�r°rwEeo r.L° nrs wnm�:rcou"n III 75• a wmA �AIN7 4LBA•N r.m' n_RD_ ion' ` _j____I ... 2p m N or —-_ __ ___ _ 74� ip 48 .47 46 rm -1°6°' m°r si.. •.. '0jr •°m I,R-�>:. ' n COURTLAND w-v— Lam"°'«LY N cm CLERK RAMONA -_ bm. 45 s 44 aP 42 a 41 i 40 �39 <36 g3� s36 g35 pp34r s•lu B.I. ,,. . q __�� .��._�� •••• ..._ -,__.. �, - '°4°' r« 4 g33 g32 3 45 47 46 THE ASSSAgrt NUMBER FOR EACH LOT OR PARCEL WNW 'yL EXPRE SSWAY%�R� - - .. _ �c oa-nerf 6 M ASSQLMY PARCEL?ARAM AS -�-! ••LL. e4.y•gin; ::��4T S;'. _ - _ qn' S..Er THE COUNTY a RRu9DE AacssoRS OFF.. �-�-r- WA. ..... ••• _•• .R_.. aitrittTIlli 73C:: s: THE MO w°°Ilpawn FOR El.LOT OR nwCO.OF • -�_r� COUNTY ASTTISSOR. ••••' _•• ..._........ _.m__... .... ._•.:L'. TAM wm«R THE DISTRICT APE sRowi w THE ASSESSORS '�S,� PARCEL WITS OR fLF TRE OFFICE a THE RNER9DE - LEGEND —4, STREET UWT __------—_- L•.. •I rOluTn uRDsawRlc T . ASSESSMENT EKTRLT NOUN., MI CATCH BASK STORY/DOWN (5,0%';TRACT NO. 28224-1 & 28224-2I \ ro1' • SCALE —i•.—_H re ..Ere- 6 p 2 Q 01.1,4 Ql � r o00 9� r: 3 ��E\ 1. � • J �0iz. �2 N ' � Ye J.- 6,_ Q 2 �Q �WW Z },Ir o qY I W - 0 5 `3 s vUiR ly 2 4 C 0 n ip n ::5; , WI I _ OQ 1 ..P 1 Illialt 1 fli �pa■Ik d Y ,; \ :. —ily 1 M� fa \ L1' �\ J ' / AN I11 f Y 1. t O o $ 'II < 11 F I144 b 11 11... 1 N IIJ W m :':; 1 N 13•. 01 a0 /dila- A� L..`i IDILW I!lq ,I 1 7:.... \ / § _ pp\ \ N 01 03 .'OPmc „mo �poa 'eID �1• .. 11 (II r.z, r 1 b oA `�11I Z z 9 Ir scLvw.'1•'• H ID>a�sa+n auc»'' i............ 11 4 ': :: • 1 n 0 11:6;:•,t. 1 cc kLpR 11118E .LA 1111 . 9 m tiiii� e, � .gll;. It 1 1I1 _ M in �1»« •K. a 1 ' Avvr are • 111:1•' .1 I I1 ya 1 1 1..:; 1 e' IIk u .n A..A, 1 ' I ra : 2, M Y ,11.'„i,l. . '2-0,A-,,s...., :4a ..,L .. .. II ,_,_ , . . • . . - 20,,,,, '.' .. .. .. . ... . L V NN * ..` l 133HS 335 1 CITY OF SAN JACINTO LIGHTING,LANDSCAPING AND PARK DISTRICT NO.2 Annexation No.47 (Zone 47) COST ESTIMATE Item Quantity Unit Unit Cost Street Lights a Traffic Signals Park Maintenance Landscape Maintenance Storm Drain Maint. Graffiti Removal TOTALS Cost/Mo. I Cost/Yr. Cost/MO. I Cost/Yr. Cost/Mo. I Cost/Yr. Cost/Mo. I Cost/Yr. Cost/Mo. I CostNo Per Month I Per Year Tract Nos.28224-1 and 28224-2 (223 Residential Lots) Street Lights and Traffic Signal Street Lights 9,500 lumen(Seventh St 2 Ea. $9.62 Imo $19.24 5230.88 . . ..._,........_, _ 2230.88 .. Si9.24 _,Less General Benefit$9.62/Ughtx 125 LIgMs= • .($12.03) ($144.30)F .._ _ _: - . . .($1203) _ ($144,30)1 22.000 lumen(Ramona Expressway) 16 Ea. 514.08 Imo $225 28 52,703.36 $225.28 52.703.36 Traffic Signals-Seventh St @ Ramona Exprwy &Main St l Ramona Exprwy Maintenance Cost/Signal 2 L S 5278 67 /mo $557.33 $6.688.00 $557.33 $6,688.00 Energy Cost($55/SignaVMonth) 2 L S $55.D0 rmo $110.00 $1,320.00 $110.00 51,320.00 Less General Benefit(60%for'Pass-through' • Traffic and 30%for the non-project segments surroundurg the signal=90%)-both Owlets , ($600.60) .(57,20720)t . ..($600,60 Note.Assessments for future traffic signals shall not be collected until said signals are installed. Landscape Maintenance(Parkways) Ramona Eoprvry(36'wide w/8'sidewalk) 84.110 S.F. $0.038 /yr $616.81 $7,401.68 $616.51 $7,401.68 Seventh Ave Parkway(4'wide) 470 S.F. $0.088 /yr 53.45 $41.36 $3.45 $41.36 Irrigation Water 84.580 S.F. $0.081 /yr $573.73 $6,884.81 $573.73 $6,864.81 Graffiti Removal 1 L.S. $400 /m0 $400.00 $4,800.00 $400.00 84,800.00 Subtotal,Maintenance and Servicing $299.23 $3,590.74 $0.00 $0.00 $1,193.99 $14,327.85 $0.00 $0.00 $400.00 $4,800.00 $1,89322 $22,718.59 Contingency(10%) $29.92 $359.07. $0.00 $0.00 $119.40 $1,432.79 50.00 50.00 $40.00 $480.00 $189.32 S2271.86 TOTAL.Maintenance and Servicing $329.15 $3,949.81 $0.00 $0.00 $1,313.39 515,760.64 $0.00 $0.00 5440.00 $5,280.00 $2,082.54 324,990.45 Incidental Cost$ • Assessment Engineer 1 LS. 55,500 /yr $72.44 $869.29 $0.00 $0.00 $289.06 $3,468.67 $0.00 $0.00 $96.84 51,162.04 $458.33 $5,500.00 Legal Counsel 1 L.S. $5200 lyr $6649 582188 $0.00 $0.00 S273.29 $3,279.47 $0.00 $0.00 $91.55 51,098.66 $433.33 55,200.00 City Administration 1 LS. $4,300 /yr $56.64 $679.63 $0.00 $0.00 $225.99 $2,711.87 $0.00 $0.00 $75.71 $908.51 $368.33 $4,300.00 City Inspection Costs 1 LS. $6200 /yr $50 49 S821.88 $0.00 $0.00 $273.29 $3,279.47 $0.00 $0.00 $91.55 $1,098.66 $433.33 S5,200.00 County Collection Fees 1 LS. $230 /yr $3.03 S36.35 50.00 $0.00 $12.09 $145.05 $0.00 $0.00 $4.05 $48.59 S19.17 3230.00 Miscellaneous 1 L.S. $2,500 /yr $32.93 S395.13' 50.00 S0.00 $131.39 $1,576.67 $0.00 $0.00 $44.02 5528.20 $208.33 $2,500.00 Reserve Fund I LS. $5,200 /yr $68.49 S821.88 $0.00 $0.00 5273.29 $3,279.48 $0.00 $0.00 $91.55 $1,098.60 $433.33 $5,200.00 TOTAL,Incidental Costs $28,130 /yr $370.50 $4,446.03 $0.00 $0.00 $1,478.39 S17,740.66 $0.00 $0.00 5495.27 $5,943.27 $2,344.17 $28,130.00 Contributions to the District Developer $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 • TOTAL AMOUNT TO ASSESSMENT $699.65 $8,395.85 $0.00 S0.00 $2,791.77 $33,501.30 $0.00 $0.00 $935.27 $11,223.27 54,426.70 $53,120.45 Note' Maintenance assessments for the future Ramona Expressway street lights and parkway landscaping shall begin when said improvements are constructed I Assessment per Lot= $238.21 November 10,2005 Page 1 of 1 Exhibit"B" CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 47 (Zone 47) ASSESSMENT SPREAD Parcel Proposed Asmt. Street Lights Storm Dollars Assessment Identification Property Owner Name Land Use Acreage Units and Traffic Park Landscape Drain Graffiti per AU/ per Parcel (Lot Number) Code (acres) (AU) Signals Maint. Maint. Maint. Removal Parcel($) ($) I I TRACT Nos.28224-1 and 28224-2(223 Residential Lots) I TRACT No.28224-1 (86 Residential Lots) Lot 1 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 2 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 3 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 4 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 5 San Jacinto Z,LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 6 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 7 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 8 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 9 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 10 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 11 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 12 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 13 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 14 San Jacinto Z,LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 15 San Jacinto Z,LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 16 San Jacinto Z,LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 17 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 18 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 19 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 20 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 21 San Jacinto Z,LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 22 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 23 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 24 San Jacinto Z,LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 25 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 26 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 27 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 28 San Jacinto Z,LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 29 San Jacinto Z,LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 30 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 31 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 32 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 33 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 34 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 35 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 36 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 C-1 Exhibit "C" CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 47 (Zone 47) ASSESSMENT SPREAD Parcel Proposed Asmt. Street Lights Storm Dollars Assessment Identification Property Owner Name Land Use Acreage Units and Traffic Park Landscape Drain Graffiti per AU/ per Parcel (Lot Number) Code (acres) (AU) Signals Maint. Maint. Maint. Removal Parcel($) ($) Lot 37 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 38 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 39 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 40 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 41 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 42 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 43 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 44 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 45 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 46 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 47 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 48 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 49 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 50 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 51 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 52 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 53 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 54 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 55 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 56 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 57 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 58 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 59 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 60 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 61 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 62 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 63 San Jacinto Z,LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 64 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 65 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 66 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 67 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 68 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 69 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 70 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 71 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 72 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 73 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 74 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 75 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 C-2 Exhibit "C" CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No.47 (Zone 47) ASSESSMENT SPREAD Parcel ' Proposed Asmt. Street Lights Storm Dollars Assessment Identification Property Owner Name Land Use Acreage Units and Traffic Park Landscape Drain Graffiti per AU/ per Parcel (Lot Number) Code (acres) (AU) Signals Maint. _ Maint. Maint. Removal Parcel($) ($) Lot 76 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 77 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 78 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 79 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 80 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 81 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 82 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 83 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 84 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 85 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 86 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 TRACT No.28224-1 Totals 86.00 $3,237.86 $0.00 $12,919.78 $0.00 $4,328.26 $20,485.91 TRACT No.28224-2(137 Residential Lots) Lot 1 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 2 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 3 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 4 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 5 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 6 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 7 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 8 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 9 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 10 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 11 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 12 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 13 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 14 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 15 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 16 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 17 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 18 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 19 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 20 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 21 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 22 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 23 San Jacinto Z,LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 24 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 C-3 Exhibit "C" CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No.47 (Zone 47) ASSESSMENT SPREAD Parcel Proposed Asmt. Street Lights Storm Dollars Assessment Identification Property Owner Name Land Use Acreage Units and Traffic Park Landscape Drain Graffiti per AU/ per Parcel (Lot Number) Code (acres) (AU) Signals Maint. Maint. Maint. Removal Parcel($) ($) Lot 25 San Jacinto Z,LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 26 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 27 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 28 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 29 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 30 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238 21 $238.21 Lot 31 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 32 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 33 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 34 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 35 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 36 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 37 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 38 San Jacinto Z,LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 39 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 40 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 41 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 42 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 43 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 44 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 45 San Jacinto Z,LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 46 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 47 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 48 San Jacinto Z,LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 49 San Jacinto Z,LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 50 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 51 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 52 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 53 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 54 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 55 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 56 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 57 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 58 San Jacinto Z,LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 59 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 60 San Jacinto Z,LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 61 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 62 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 63 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 C-4 Exhibit "C" CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No.47 (Zone 47) ASSESSMENT SPREAD Parcel Proposed Asmt. Street Lights Storm Dollars Assessment Identification Property Owner Name Land Use Acreage Units and Traffic Park Landscape Drain Graffiti per AU/ per Parcel (Lot Number) Code (acres) (AU) Signals Maint. Maint. Maint. Removal Parcel($) ($) Lot 64 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 65 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 66 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 67 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 68 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 69 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 70 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 71 San Jacinto Z,LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 72 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 73 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 74 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 75 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 76 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 77 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 78 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 79 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 80 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 81 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 82 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 83 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 84 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 85 San Jacinto Z,LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 86 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 87 San Jacinto Z,LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 88 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 89 San Jacinto Z,LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 90 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 91 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 92 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 93 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 94 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 95 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 96 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 97 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 98 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 99 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 100 San Jacinto Z,LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 101 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 102 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 C-5 Exhibit "C" CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No.47 (Zone 47) ASSESSMENT SPREAD Parcel Proposed Asmt. Street Lights Storm Dollars Assessment Identification Property Owner Name Land Use Acreage Units and Traffic Park Landscape Drain Graffiti per AU/ per Parcel (Lot Number) Code (acres) (AU) Signals Maint. Maint. Maint. Removal Parcel($) ($) Lot 103 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 104 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 105 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 106 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0 00 $50.33 $238.21 $238.21 Lot 107 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 108 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 109 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 110 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 111 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 112 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 113 San Jacinto Z,LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 114 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 115 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 116 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 117 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 118 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 119 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 120 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 121 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 122 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 123 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 124 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 125 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 126 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 127 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 128 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 129 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 130 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 131 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 132 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 133 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 134 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 135 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 136 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 Lot 137 San Jacinto Z, LLC R1 n/a 1.00 $37.65 $0.00 $150.23 $0.00 $50.33 $238.21 $238.21 TRACT No.28224-2 Totals 137.00 $5,157.99 $0.00 $20,581.51 $0.00 $6,895.01 $32,634.54 1 TRACT Nos.28224-1 and 28224-2 Totals 223.00 $8,395.85 $0.00 $33,501.30 $0.00 $11,223.27 $53,120.45 C-6 Exhibit "C" CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No.47 (Zone 47) ASSESSMENT SPREAD l Parcel Proposed Asmt. Street Lights Storm Dollars Assessment Identification Property Owner Name Land Use Acreage Units and Traffic Park Landscape Drain Graffiti per AU/ per Parcel (Lot Number) Code (acres) (AU) Signals Maint. Maint. Maint. Removal Parcel($) ($) I I I I I I I I I I 1 II 1 Current Ownership: San Jacinto Z,LLC,A California Limited Liability Company Applicant: Continental Communities Address: 1532 S.Santa Fe Avenue, Build C,#302 Address: 23293 Ventura Blvd. San Jacinto,CA 92583 Woodland Hills,CA 91364 Assessor's Parcel Numbers: 433-150-047,433-150-048,433-150-053 and 433-150-055 C-7 Exhibit"C" STATE OF CALIFORNIA ) RESOLUTION NO. COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) COUNCIL RESOLUTION OF THE CITY 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 SAN JACINTO Z, LLC, TRACT NOS. 28224- 1 & 28224-2) (LLPD NO. 2, ANNEXATION NO. 47) 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. 47 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. 47 is all the property which is identified by Riverside County Assessor's Parcel Numbers 433-150-047, 433-150-048, 433- 150-053 and 433-150-055. Upon the completion of the annexation proceedings, the property which comprises Annexation No. 47 will be designated as Zone 47 of the District ("Zone 47"). The boundaries of Annexation No. 47 or Zone 47 are further described and shown in the Report. The territory included within Zone 47 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. 47 and the Page 3 of 6 assessments which are proposed to be levied on the assessable lots and parcels of property within Zone 47 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. 47 or Zone 47 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. 47 or Zone 47, 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 December 1, 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. 47 or Zone 47 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. 47 or Zone 47 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 1st day of December, 2005, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By: Chris Carlson Buydos ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: City Attorney, City of San Jacinto Best, Best & Krieger, LLP. Page 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 SAN JACINTO Z, LLC, TRACT NOS. 28224- 1 & 28224-2) TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2) AND LEVYING ASSESSMENTS FOR FISCAL YEAR 2005-06 (LLPD NO. 2, ANNEXATION NO. 47) WHEREAS, on December 1, 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. 47" and "Zone 47," 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. 47 to and Zone 47 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. 47 is described in the Report and includes all of the property located within Tract Nos. 28224-1 & 28224-2 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. 47, 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. 47 and as contained in the Report, is confirmed. Such annexed territory is designated as Zone 47 of the Assessment District. The territory comprising Annexation No. 47 and Zone 47 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 47 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. 47 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 47 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 47 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 47. 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 1st day of December, 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. 47 in the City, held on December 1, 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 December, 2005 Dorothy L. Chouinard, City Clerk City of San Jacinto Page 5 of 5 CITY OF SAN JACINTO LLPD #2 ANNEXATION # 47 December 1, 2005 BALLOT LOG APN Tract Number Property Owner Name Consent &Waiver Amount of Annual "Yes" "No" Received Assessment Votes Votes 1 1 28224 Continental Communities Yes $56,298.44 Total Amount of Annual Assessments: $ 56,298.44 The Annexation passes if the landowners with the majority number of votes, vote in favor of the annexation CITY OF SAN JACINTO LLPD #2 ANNEXATION # 11 December 1, 2005 BALLOT LOG APN Tract Number Property Owner Name Consent&Waiver Amount of Annual "Yes" "No" Received Assessment Votes Votes 1 1 J _� L. 30481 Empire Homes Yes $94,992.87 Total Amount of Annual Assessments: $ 94,992.87 The Annexation passes if the landowners with the majority number of votes, vote in favor of the annexation CITY OF SAN JACINTO CFD 2003-1 ANNEXATION # 22 December 1, 2005 BALLOT LOG Consent & APN Tract Number Property Owner Name Waiver #of Votes to "Yes" "No" Received Cast Votes Votes II �JI I ii )0 28224 Continental Communities Yes 30 MOM v- . -.wrr SAN ACINTO MEMORANDUM TO: The Honorable Mayor and City Council Members FROM: Dorothy L. Chouinard, City Clerk V'`— DATE: November 28, 2005 SUBJECT: December 1, 2005 Agenda Please note the following: • The agenda package that went out on Wednesday did not have the RDA Agenda packet. It is now attached to this memo. • It was brought to my attention that the earlier council packets went out with two 3.6. Therefore, please remove one and insert the 3.5 in its correct chronological order. • It may appear that 5.1 is missing. However, it is a presentation and there is no staff report. If you have any questions or concerns, please don't hesitate to contact me. City Clerk • • SAN JACINTO VALLEY INTERCEPTOR SEWER - PHASE I * EAERNMUNIC1PALST T SINCE 1950 December 1 , 2005 ML= — ' — — Mt — — i M — .-- M — — ..... — MB 111 SAN JACINTO VALLEY INTERCEPTOR SEWER - PHASE EXISTING SEWER • . .,,,may, * Alignment T` Sanderson �,, • S e w e r s h e d — 16,020 acres Lift Station m:1 • (25 sq. mi.) Ill ; .• .s. Vu Total Area:1880acres Population Served — 52,200 * R Area Currently Sewered:1,028 acres •ii,} o. Estimated Population:9,980 + All of City of San Jacinto ,� _ Potential Development Area:570 acres VifaFhimm�n Fw9 , . _ Projected Population — . _ 124,000 Existing Sewer Flowing - Full. . .No Available Capacity r.= _i SEWERING AGENCIES LEGEND EMWD ,fr = EMWD Sewers f Existing Condition Total Area:16,020 acres • City of San Jacinto Sewers Over Capacity Area Currently Sewered:5,710 acres _ Tributary Area ,...„,,,it_ Estimated Population:52,200 Q 7th&Palm • Potential Development Area:7,900 acres - 4 City of Hemet Tributary Area 0 Hewitt&Washington , Depth to Diameter Ratio(d!D) N + , r 71 " L H M W D Mil Peak Dry Weather Flow 4 * -- - - '' ,• . Figure 1 `. Wry Peak Wet WeatherRi;ittie I -eige �` TtibutaryAreaMap EXISTING COMMUNITIES • Growth - - Approved Plans Occupancy Rates __ _—... Elm — - — 7 I — — N — — no — _:: t® — g4 — - M -ME SAN JACINTO VALLEY INTERCEPTOR SEWER - PHASE I PROPOSED PROJECT Sanderson Ave. (north s - of Cottonwood Ave.) to San Jacinto St. (at • A7 Esplanade Ave.) 3SQ� 39", 36" 30" & 24" • diameter ,,. : • 21 ,000 feet (4 miles) _ Rnrr • $12,000,000 to 30559 . t � $14,000,000 it- rn-- .-. 7, :-'. : 's•••‘.,.r.7"-"C—‘,I F_,,,1 .: z - nNA^r ,; ; k 4 :. . _ - - .r } ALIGNMENT .JMVCNW:AL-I! ,• AY , J Xvin,�,<La-I: a" EMWD s Sanderson n .- f, 9 , . Sewage Lift Station �..I • 1. ', 5n .., � • _...__• dICWAY „2 ST i,:. ; Sanderson Ave. & Easements is "i- �.•�y t,-,{. r . 1 — EXISTING SEWERS PROPOSED ALIGNMENT TENTATIVE MAPS ( TRACTS UNDER CONSTRUCTION '-'" n Seventh St. } LEGEND �`°.. ...... "" A Santa Fe Ave. 4~ Esplanade Ave. • San Jacinto Ave. SAN JACINTO VALLEY INTERCEPTOR SEWER - PHASE I ti ,..ibe, . l Sanderson F5 °�.+ PROJECT BENEFITS �S�R tatlOn cottonwood It ' _ . �,� - Public Health ht... ti . t,,... 4.,. Provide for Commercial IIIIR. r . & Industrial Growth I Increased Tax Revenue Iri us - - f417._ III I —1-- ~' for City M(': � ',F' Accommodate Residential N 0 1 250 2 500 "5.000 7.500 J 1 I A Fee - I I r Developments Approximate Scde LEGEND t Provide for Future Capacity Deficient Sewer ER HDR a:xa. DC PI Connections1 W- -- EMD Trunk Sewers ���j SP OS NE RC RIVER I Interagency EMWD Sewer RR OS-R NE BP Figure 2 San Jacinto Valley LDR P - OP San Jacinto Valley Interceptor Alignment Interceptor Alignment MDR Es CC City of San Jacinto General Plan I Land Use Map(Revised Version) SAN JACINTO VALLEY INTERCEPTOR SEWER - PHASE I CONSTRUCTION ISSUES Ten (10) month construction period Large diameter (24"— 39") sewers with deep trenches (15' — 30') Sandy silty soils Narrow streets Safety (residents and contractor) Minimize inconveniences to the public Maintain access to residences and businesses SAN JACINTO VALLEY INTERCEPTOR SEWER - PHASE I TYPICAL TRENCH DETAIL 60't 28,t SPACE REQUIRED FOR $ Trench 2' 13'± 3' 3' 13'± 12'± EQUIPMENT/ •MATERIALS Excavated Material � I N EXCAVATED ! > t • Equipment / Materials MATERIAL /LEI�j • TRENCH • 42'f �—(SHIELD TRENCH WIDTH 1/2 DEPTH REQUIRED 1 15' 63'± LQ 20' 751k PROPOSED 39" SEWER 25' 88'± 30' 100'± L— me MB — ...million I — — ,_ — I S SAN JACINTO VALLEY INTERCEPTOR SEWER - PHASE I SANDERSON AVENUE Trench Depth — 20'± w EM Sewer Location — W • 37' west of q_ 4 Construction Requirements 500 - Trench Width — 26'± 1490 '''''' .a.0 .156,`-"" "' " / 1150 - Excavated Material 36'± `w.PROM= 30'5511191 IV ' ' Equipment & Materials — 12'± 22 23 24 25 26 27 M 29 30 31 32 LEGEND Traffic Control TRAFFIC AREA i -. I I EQUIPMENT AND MATERIALS - - rMcr32..2 SEWER TRENCH - - Maintain one lane of , i k EXCAVATED MATERIALS __1,- ;� -`" traffic in each direction - ERE - Maintain until work in d -- 111. • r :_ _a_ Sanderson Ave. is complete ° `° At the end of each day: I ® :. MCI 33420 ZOZ SANDERSQN AVENUE _�� _ _ - - __. °� ��_ =_ 5.51E194 MOWN/ ewe - - Backfill and compact � �nu7 ®� vuM.v,9 rTA.33 ^ti" -- 3ME 1'-N STA.2,.99.99 TO SfA.33W0.00 3 - trenches - Place temporary p Y pavement for driveways ill - = 111.1............. -- - IIIL- M M — 7 _-- N — — I — — m M III SAN JACINTO VALLEY INTERCEPTOR SEWER - PHASE I SEVENTH STREET '9 : : E7CQINE.lOP Oi PAVEMENT _-_ H w : o.Fn a awn ----- -- 64- M ' 1520 1520 Trench Depth — 281± 1510 ,,,a Sewer Location — on CL g \11.if won 44 Construction Requirements �MAI �`tII. , I V; — Trench Width — 35'± _ mae 75 76 77 79 7q .0 a, -- -- a2 53 a< .7AVENUE — Excavated Material — 52'± T : - Equipment & Materials — 12'± Traffic Control r - LEGEND g - Closed to Through Traffic II / i SEVENTH STREET I I EQUIPMENT AND MATERIALS <�' (/hJ�;�� — SEWER TRENCH . - Open to Local Traffic wry/ li ��; EXCAVATED MATERIAL E li I i. we = - —ma ow ..r.. =`MMINI. rover r�oa.ow mic _ _ — usi[xr ua•cwu,w 7�w°min.' � — ED..,,,,.. «.— MADMS.•. _,1. r - '"�wPUN AND PROFILE o-ae�z_• E :�.+w.. m.®r — :,•� R47lW0.00 TO STAaay00.00 fit• —:— NMI --_-- Ill= ' MN — — -' M — M 1111 SAN JACINTO VALLEY INTERCEPTOR SEWER — PHASE I TYPICAL STREET CLOSURE DRIVEWAY DRIVEWAY OR OR I STREET STREET CLOSED TO THROUGH TRAFFIC L a/W BUT AVAILABLE TO: Local Traffic iR/W R/W c c Emergency Vehicles Mail Delivery DRIVEWAY DRIVEWAY Utility Operations OR OR 1 cSTREET STREET c R/W troy AT END OF EACH DAY --R74*-f R/W CONTRACTOR IS REQUIRED TO: 1 C Backfill and Compact Trench DRIVEWAY DRIVEWAY Place Temporary Pavement OR OR STREET STREET $' Clean Work Area Place Temporary Traffic Striping Open Street to Traffic 3 fR714h c c LEGEND NM EXISTING PAVEMENT 11 WORK AREA = —' — --Ci.iiamS M ......... MINO MI= gii.. A ma_ --am di la-= VONNUMONI M - -MINIIIM-?2'.'-• - ' - M SAN JACINTO VALLEY INTERCEPTOR SEWER - PHASE I TYPICAL INTERSECTIONS ce i1L . CONSTRUCT AT NIGHT WHERE !� POSSIBLE AND IF APPROVED BY CITY iI __L_ i111 I� J , � � R/w I R/W - �`____ __ 4_` i ONE HALF OF INTERSECTIONS WILL -� i ! REMAIN OPEN AT ALL TIMES II} ! One Lane in Each Direction or i1 c One Lane with Flagmen LEGEND EXISTING PAVEMENT WORK AREA .^-- • TEMPORARY PAVEMENT II.__ —_ - - — = s— - - � mum mom Ems III SAN JACINTO VALLEY INTERCEPTOR SEWER - PHASE I SUMMARY ISSUES Schedule Safety • Minimize inconveniences to the public Maintain access to residences and businesses SOLUTIONS Maintain one lane of traffic in each direction at all times for Sanderson Avenue Seventh Street and Santa Fe Avenue will be closed to through traffic only during working hours each day — Available to local traffic, emergency vehicles, mail, delivery, and utility operations — During non-working hours, streets will be open to through traffic mimmicsa gm am Ella mom MN MB Ill SAN JACINTO VALLEY INTERCEPTOR SEWER - PHASE I SUMMARY (Continued) SOLUTIONS Meetings with affected businesses Detailed construction drawings and specifications reviewed and approved by City staff - Sequence of construction - Working hours - Traffic control drawings - Advanced public notification Newspapers Special signs Written notifications �= �� El= join N — M_ m — — = imm •no—'"=" WIMP •••—="" ""'" =mom= Imo al SAN JACINTO VALLEY INTERCEPTOR SEWER MEM PHASE! SCHEDULE 2005/2006 CAPITAL IMPROVEMENT PROGRAM 18-Nov-05 15:28 Activity Activity Marne Ong Rem Start Finish 2006 2007 ID Dur Dur Cet'Nov Dec Jan Feb Mar Apr I May I Jun I Jul I Aug Sep Oct Nov I Dec Jan IFeb l Mar I Apr I May]Jun I Jul SEWER 969 577 10-Nov-04 05-Jun-07 A SJV INTERCEPTOR SEWER 969 577 10-Nov-04 05-Jun-07 A Far Planning 153 0 19-Nov-04 30-May-05 A A Prelim Des 85 0 31-May-05 23-Aug-OS A A Final Design 125 93 24-Aug-05 06-Feb-06 Fin es n A BP 21 21 07-Feb-06 27-Feb-06 Bid/Award 69 69 28-Feb-06 07-May-06 Construction 304 304 08-May-06 07-Mar-07 ConsIbucticin Admin Closeout 90 90 08-Mar-07 05-Jun-07 Ms Layout w/codes-by type,stage,I Engineering Administration Page 1 of 1 06-Nov-05 SJV INTERCEPTOR SEWER - _ .... _ dB _ _ AGENDA ITEM .� December 1, 2005 TO: The Honorable Mayor and Members of the City Council FROM: Habib Motlagh, City Engineer SUBJECT: Professional Service Agreement with Albert A. Webb and Associates for Master Drainage Plan Update RECOMMENDATION: By motion approve the professional service agreement with Albert A. Webb and Associates in the amount of $808,945, for the preparation of Master Drainage Plan Update; and authorize the consultant and city staff to proceed with the study as outlined in the attached scope of work. BACKGROUND: Currently there are four master drainage plans in place within the City of San Jacinto. Three of these were prepared by the Riverside County Flood Control District (the San Jacinto, Northwest Hemet, and Little Lake Master Plans). The fourth plan in the city's Northwest Improvement Plan. These documents have become dated and do not adequately address the current development patterns in the City, as well as not covering the entire city limits. To remedy this situation, we have included funds in the budget during the last 3- years (pending general plan update) to prepare an updated master drainage plan. The updated master plan will include several elements: it will document the existing flood control facilities in the City; it will review the existing master plans and develop alternative facility locations and sizes; and it will include a CEQA document for environmental compliance as well as an update to the drainage fee charged to new development which goes toward construction of the master drainage facilities. The new drainage plan will be adopted by both the City and the County, and the facilities identified in the plan would be owned and maintained by RCFC. Approvals City Manager: Finance Director: Page 1 of 3 In February 2005, City Staff issued a request for proposals to local consultants with expertise in master drainage planning. Proposals were received the following month, and staff from both the City and RCFC met to review the proposals and select a consultant. Three proposals were received, and from these three it was determined that Albert A. Webb Associates was best suited to perform the study. The consultant was selected in April, and contract negotiations began in May. Negotiations to establish the scope for the engineering work were concluded in August. During the negotiation process there were lengthy delays this fall due to an uncertainty as to the necessary scope of work for environmental surveys. While City Staff is still working to determine exactly what is required to comply with the MSHCP, the scope of work which is being presented in this report represents a worst case scenario, assuming that focused surveys for many different species will be needed. The schedule which Webb has provided shows that the engineering study will take 14 months to complete. Once the engineering study has proceeded sufficiently, the environmental document will also begin. The timeline to complete all necessary surveys and have an approved CEQA document is nine months, beginning 11 months into the engineering study. This assumes that the environmental document will be a Mitigated Negative Declaration. If an Environmental Impact Report (EIR) is needed, several more months will be added to the project schedule, and additional cost will be incurred as well. The schedule of work prepared by Webb is attached to this report. City and Riverside County Flood Control staff,along with Webb and Associates, have carefully prepared the scope of work to be sure that the City Council and Planning Commission are given the opportunity to review and comment on the drainage study as it is being prepared. During the study period, while the different alignment sizes and locations are being studied, Webb has included three work sessions with the Council and/or Commission within their scope of work. In addition, once the Drainage Plan is complete,it will return to the Council for adoption. Because the drainage plan will serve as a planning document for both the City and the County Flood Control District, the two agencies have been diligently working together during all phases of the master plan update, thus far. The District has offered to evenly share the cost of the study with the city, with the city taking the lead in administering the consultant's contract. The contract with Webb Associates has been prepared using the standard professional services agreement provided by the City Attorney's office, and is attached to this report. Staff recommends that the Council approve the contract and authorize staff and the consultant to begin work on the MDP Update. Page 2 of 3 JUSTIFICATION: An updated Master Drainage Plan is needed to ensure that adequate flood control infrastructure is built as the City develops. The existing master drainage plans for San Jacinto do not cover the entire City, and do not take into account the City's current growth. By updating the master drainage plan both the City and the development community will have a more reliable study to use as the City grows. BUDGETARY IMPACT: The total cost of the MDP update as shown in the schedule of values prepared by Webb Associates is $808,945. It is unlikely that the study will actually cost this much, since this number assumes that focused environmental surveys will be needed throughout the City. Additionally, this cost assumes that the environmental document will be an Mitigated Negative Declaration. If an EIR is needed, there will be additional costs incurred, as enumerated in the schedule of values. Within the schedule of values, there are two items, #6 and #7, which correspond to the design and permitting of the Lyon Avenue Basin. The cost for this work is $130,600. These costs are the sole responsibility of the City, and will be paid through funds already committed to the Lyon Avenue Basin in the 05-06 budget ($300,000 available — Project No. 05-111). All other costs, items 1-5, totaling $678,344 will be evenly shared between the City and Riverside County Flood Control District. Thus, the City's share of the contract for items 1-5 is $339,172. $300,000 is currently available for drainage plan updates (project No. 02-024). Since the project completion will extend to next fiscal year, staff suggests an allocation of $39,172 in next year's fiscal year budget. ATTACHMENTS: • Professional Services Agreement for MDP Update (12 pages) • Scope of Work for Drainage Plan Update (14 pages) • Schedule of Values for Drainage Plan Update (16 pages) • Schedule of Work for Drainage Plan Update (1 page) • Letter of Support from RCFC & WCD (1 page) Page 3 of 3 CITY OF SAN JACINTO PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this /571' day of ,Zkcem,6e-r", 2005 by and between the City of San Jacinto, a municipal organization organized under the laws of the State of California with its principal place of business at 201 East Main Street, Sari Jacinto, California 92583 ("City") and Albert A. Webb Associates, a Corporation with its principal place of business at 3788 McCray Street Riverside, CA 92506 ("Consultant"). City and Consultant are sometimes individually referred to as "Party"and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing engineering services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for the San Jacinto MDP/ADP Update ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to fyrnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional environmental consulting'services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be as shown in Exhibit "B" attached hereto and incorporated herein by reference, unless earlier terminated as provided RVPUB\DRD\560830 1 herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other persdnnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: 3.2.5 City's Representative. The City hereby designates Habib Motlagh, City Engineer, or his designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the R V PUB\DRD\560830 2 City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Scott Hildebrandt, Vice President, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. RVPUB\DRD\560830 3 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2)Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. 3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of three (3) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations RVPUB\DRD\560830 4 performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.10.5 Separation of Insureds; No Special 'Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of prdtection afforded to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. R V PUB\DRD\560830 5 3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.10.8 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed #gag, 9'5, QQ without written approval of City's Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work RVPUB\DRD\560830 6 which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization and written scope of work from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Name Address Attn: Contact Person RVPUB\DRD\560830 7 City: City of San Jacinto 201 East Main Street San Jacinto, California 92583 Attn: Habib Motlagh, Engineering Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk, and City agrees to indemnify and hold Consultant harmless from any damages or claims arising from City's changes or re-use of the Documents & Data without Consultant's consent. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, `written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disolosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. RVPUB\DRD\560830 8 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, to the extent arising out of any negligent acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a.writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws' of the State of California. Venue shall be in Riverside County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. RVPUB\DRD\560830 9 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, RVPUB\DRD\560830 10 sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. RVPUB\DRD\560830 11 CITY OF SAN JACINTO CONSULTANT By: By: Name Scott R. Rd etirandt� City Manager Vice President Attest: City Clerk Approved as to Form: Best Best&Krieger LLP City Attorney RVPUB\DRD\560830 12 EXHIBIT "A" SCOPE OF SERVICES RVPUB\DRD\560830 1 SCOPE OF WORK Task 1.1 Initial Base Sheet Development Webb Associates will meet one time with the City and the District and determine what topography is available for the project area and what topography should be used for the project. Furthermore, mapping and drafting standards — including sheet title blocks, legends, scales, text styles, text sizes, line styles, and line weights — will be agreed upon in this meeting. Webb Associates will obtain the agreed upon topography and prepare a base map that includes basic planimetric features (street names, existing drainage facility size, flow rate, return period, etc.). A Draft Base map will be submitted to the City and the District for Review. Comments from the Draft Base Map will be included in the final base map. Deliverables: Minutes of Meeting with RCFCWCD and City(5%) Draft Base Map(70%) Final Base Map(100%) Time to Complete(2 months) 1.2 Existing Drainage System Facility Inventory Webb Associates will gather information (as built plans and field investigation) on existing drainage facilities within the City that are 36" or larger. With the District's help, Webb Associates will also collect information from Hemet systems that have impact on San Jacinto drainage. Webb Associates will prepare an existing facilities exhibit that will be used as part of the final MPD maps and report. Additionally, Webb.Associates will prepare a summary sheet(size,type, length)of the existing facilities. Deliverables: Existing Facility Exhibit(With Summary Matrix) (100%) Time to Complete(2 months) 1.3 Existing Master Plan Coordination Albert A. Webb Associates will combine the Little Lake, NW Hemet, San Jacinto Area, and the New Improvement Plans into one exhibit and submit the exhibit to the City and the District for review. Deliverables: MDP Coordination Exhibit(100%) Time to Complete(2 weeks) G:\2005\05-9035\Revised Items for Proposal\Scope of Work.doc 1 1.4 Engineering Design Criteria and Standards Webb Associates will meet one time with the City engineering staff and the District's planning staff to establish the standards and criteria that will be used to size the drainage facilities in the updated MDP. After the meeting, a draft MOU will be circulated to the City and the District for comments and clarification. Comments will be incorporated into a final design standards and criteria MOU. Deliverables: Meeting Minutes (5%) Draft MOU(70%) Final MOU(100%) Time to Complete(1 month) 1.5 Initial Needs Assessment And Constraint information Webb Associates will meet with the City and discuss the initial needs that the City has. It is anticipated that there will be up to three meetings with the City work group and an additional meeting with the City Council Drainage sub group. These meetings will result in direction being given as to which portions of the revised ADP should be analyzed first. A technical memorandum will be written that summarizes the decisions made in these meetings. This memo will also set forth direction for an orderly completion of the MDP studies. Deliverables: Meeting Minutes(up to 4 meetings) (25%) Draft Initial Needs and Constraints Technical Memo (70%) Final Initial Needs and Constraints Technical Memo (100%) Time to Complete(2 months) 2.1 Watershed Parameter Characterization Webb Associates will meet one time with the City and the District to discuss the parameters that will be used in the 100-Year and 10-Year hydrological models. Especially of importance in this Task is the rainfall data that will be used. Additionally, the modeling software that will be used in this analysis will be discussed and agreed upon. Deliverables: Draft Hydrological Parameter MOU(65%) Final Hydrological Parameter MOU(100%) Time to Complete(1 month) G:\2005\05-9035\Revised Items for PiopvsaI\Scope of Work.doc 2 2.2 Watershed Delineation and Hydrological Analysis In this Task, Albert A. Webb Associates will obtain approximate flow rates and volumes to be used in the Alternatives Analysis. Major system sub areas for the MDPs — including the previously unplanned area near Warren Road — will be delineated. Preliminary unit hydrograph and rational method analysis of the sub-areas will be performed to obtain approximate flow rates and volumes to be used in the Alternatives Analysis. Also, Webb Associates will identify potential sites that can be used as infiltration basins. Webb Associates will explore the feasibility of converting existing detention basins into infiltration basis, as well as constructing new basins. All analysis done throughout the project will take into consideration the future expansion of the San Jacinto Levee. An analysis will be made on all alignments that are affected by the proposed levee to see how they will operate with and without the proposed levee in place. Deliverables: Watershed Sub-area Work Map (20%) Preliminary hydrology report(100%) Time to Complete(3 months) 2.3 Existing Drainage Facility Hydraulic Capacities Albert A. Webb Associates will analyze the capacity of the exiting facilities identified in Task 1.3. (If existing facilities are situated downstream of proposed facilities, they will be analyzed using WSPG. If the existing facilities are upstream of proposed facilities, they will be analyzed using normal depth calculations). Albert A. Webb Associates will prepare a report that summarizes the capacity of the existing facilities. Deliverables: Draft Existing Facility Capacity Report(70%) Final Existing Facility Capacity Report(100%) Time to Complete(2 months) 3.1 Alternatives Formulation And Feasibility Analysis Albert A. Webb Associates will meet up to three times with the City and the District to formulate up to four alternatives. Webb Associates will prepare a draft technical memo that describes the various alternatives. These alternatives will be used to justify the selection of the Least Environmentally Damaging Practicable Alternative (LEDPA). The LEDPA finding will consider maintenance, right of way, and construction cost analysis. Albert A. Webb Associates will incorporate comments on the draft technical memo into the final alternatives technical memo. Payment for Task 3.1 and Task 3.2 will be linked together. Deliverables: Minutes from Alternatives Analysis Kick off Meeting(5%) Draft Technical Memo describing the alternatives (10%) Final Technical Memo describing the alternatives (15%) G:\2005\05-9035\Reviscd Items for Proposal\Scope of Work.doe 3 3.2 Preliminary Sizing and Hydraulics Albert A. Webb Associates will preliminarily size the facilities required for the alternatives developed as part of Task 3.1. Normal depth calculations will be used to size the facilities if they are located upstream of existing facilities. WSPG will be used to size facilities located downstream of existing facilities. Additionally, WSPG will be used to size all facilities in the preferred alternative. Deliverables: Normal Depth calculation Memo Alternatives Exhibits showing Normal Depth Facility Sizes (WSPG of Facility if Downstream, Normal depth if upstream) Draft facility size Technical Memo(65%) Alternatives exhibits showing preliminary facility sizes (75%) Final Facility Size Technical Memo (100%) Time Task 3.1 & 3.2 (6 months) 3.3 Water Quality Evaluation For Regional Facilities The District and the City wish to include Regional BMPs as part of the Master Plan. To this end Albert A. Webb Associates will meet up to three times with the City and the District to discuss potential regional BMP locations and types. With the information gained from these meetings, Albert A. Webb Associates will meet up to two times with the Santa Ana Regional Water Quality control Board to discuss criteria for Regional BMP's. Based upon these meetings, Albert A. Webb Associates will prepare a Technical memo that discusses the feasibility, location, and preliminary sizing of Regional BMP's. Deliverables: Minutes from Meeting with City and District(15%) Minutes From Meeting(s)with RWQCB (50%) Technical Memo Describing Feasibility/Location of Regional Facilities(100%) Time to Complete(3 months) 3.4 Preliminary Construction Cost Estimate Albert A. Webb Associates will use District cost sheet to calculate construction costs for the various Alternatives. A draft cost report will be submitted to the District and the City for review. Comments will be incorporated into a final "Preliminary Cost Estimate Report". Preliminary ADP cost estimates will be determined as part of the Task. Final ADP costs will be included as part of the Final Report in Task 4.2 Deliverables: Draft Preliminary Cost Estimate Report (base on normal depth calculations) (70%) Final Preliminary Cost Estimate Report(100%) Time to Complete (2 months) G:\2005\05-9035\Revised Itcros for Proposal\Scope of Work.doc 4 3.5 Phasing and Implementation Program Once the Alternatives Analysis has been completed, a phasing and implementation program kick off meeting will be held. The various Alternatives will be analyzed. Some facilities may be dependent in other facilities and this will be noted. Based on this meeting a draft implementation plan will be prepared by Webb Associates. This plan will consider both interim and ultimate facilities. Review comments by the City & District will be incorporated into a Final Phasing and Implementation Plan. Deliverables: Minutes from Kickoff Phasing Meeting(10%) Draft Implementation Plan(70%) Final Implementation Plan (100%) Time to Complete(1.5 months) 3.6 Approval Albert A. Webb Associates will set up a meeting between the City and District and review the Alternatives; following that, Albert A. Webb Associates will have up to three n with the PlanningCommission and/or CityCouncil to go over the work sessions Alternatives. Based upon these meetings and work sessions, it is anticipated that the District and City will approve a preferred alternative. Deliverables: Minutes From Meetings with City and District Staff(25%) Minutes from Planning Commission Work Sessions(100%) Time to Complete(3 months) 4.1 Preparation of Draft Report Once a preferred Alternative is selected and approved by the City and the District, Albert A. Webb Associates will prepare a Draft Report. The Draft Report will include the following: • An executive summary • A summary of the data collection effort indicating the information collected • A description of the existing watershed conditions including drainage improvements • A discussion of the hydraulic analyses of the existing system to determine hydraulic capacities of the drainage elements • A report and map showing the environmental and physical constraints that must be considered in developing the master plans for the area • A detailed description of the hydrologic modeling methodology • A summary of the results of the ultimate watershed hydrologic analyses G:\2005\05-9035\Revised Items for Proposal\Scope of Worlcdoc 5 • A discussion of the master drainage plan alternatives, including a discussion of the preferred alternative and the rational for its selection • A discussion of the preliminary construction cost to implement the preferred plans • A discussion of the phasing and implementation plan • A summary of the proposed drainage fee for implementation of the preferred plan Two copies of the Draft Report will be submitted to the City and the District for review. Additionally, a multimedia CD containing the MDP information will be prepared. The CD will be interactive and will allow users to easily scroll through and access all the information associated with the MDP. The CD will be organized as follows: • Report • Existing Condition • Proposed(MDP) Condition and Facilities • Plan and profile sheets • Street Capacity Calculations • Land Use Map Soils Map • Precipitation Map Each screen page will include links to print, back or home. The home page will include a link to the Adobe website for Acrobat Reader download. The intent of the Interactive Master Drainage Plan is to provide the basic data and management tools for spatial analysis and decision support, as one component of a wider range of informational products and services offered. Deliverables: Draft Report(including final cost,hydraulics, and plans of preferred alternative(100%) Draft MDP"CD"(100%) Time to Complete(2 months) 4.2 Final Report Once the City and District have reviewed and commented on the Draft Report, Albert A. Webb Associates will incorporate changes into a Final Report. Additionally, changes to the Multimedia CD will be addressed and a final Multimedia CD will be submitted with the Final Report. Three copies of the final reports will be provided to both the City and the District. Final reports will contain a CD with all the information and exhibits in .pdf or other approved format. The MDP and report will be stamped by a Civil Engineer licensed in the State of California. The content of the report will include, but will not necessarily be limited to, the following: • Hydraulic sizing calculations for proposed drainage facilities • Stage-storage-discharge calculations for proposed detention basins. Supporting data will include hydraulic backup for the outflow rating curves and conceptual G:\ZOOS\05-9035\Revised Items for Proposal\Scope of Work.doe 6 basins grading plans used to determine storage elevation relationships for proposed basins • Hydrologic calculations for the post-developed watershed condition • Cost estimating data collected from various sources • Cost estimating computation sheets with supporting backup • A table of hydrologic constants used to develop the sub-watershed models. Each line on the table will include the following sub-watershed characteristics: watercourse length, length to centroid, highest elevation along watercourse, lowest elevation along watercourse, slope, basin factor, lag time, rainfall, loss rate and low loss rate • A table of sub-area characteristics, including sub-area ID, sub-area acreage, land use, soil group, cover type and%impervious • A hydrologic network schematic Deliverables: Final Report(100%) MDP"CD" (100%) Time to Complete(1.5 months) 4.3 Final Exhibits Final exhibits for each study area will be prepared to a 1" = 800' scale digital format compatible with Microstation Version 8. Final exhibits will be legibly reproducible on a Xerox or blue line copying machine. The post-developed watershed hydrology maps will also be prepared in the same scale and in digital format. Exhibits to the report are anticipated to include,but not be limited to the following: • General Vicinity Map • Hydrology maps for the post-developed watershed conditions • Constraints maps showing the environmentally sensitive areas where endangered species habitat and other critical constraints may occur and areas subject to potential State and/or Federal jurisdiction • Existing Flood Insurance Rate Maps • Preferred Alternative Drainage Master Plan Maps at 1"=800' scale • Plan and profile drawings (at 1" = 200' scale) showing the preferred alternative master drainage plan facilities on 11 x 17 sheets All exhibits will be submitted to the City and the District for review. Comments will be incorporated into final submittal. Deliverables: Draft Exhibits(80%) Final Exhibits (20%) Time to Complete(1 month) G:\2005\05-9035\Revised Items for Proposal\Scope of Worlcdoc 7 4.4 Appendices to Report The following will be submitted as appendices to the Final Report: • Compendium of data collected including summaries of interviews conducted with City and District staff, and collected at public input meetings and agency coordination meetings • Hydraulic capacity calculations for existing facilities • Environmental Report including Constraints Analysis, Planning Level Jurisdictional Delineation, General Biological Assessment of areas to be impacted by proposed facilities and mitigation plan recommendations in accordance with Phase 5 Deliverables: Summary Report of Minutes and Data Hydraulic Capacity Calculations Environmental Analysis Reports (100%) Time to Complete(1 month) 4.5 Meetings There are 13 meetings included as part of Tasks 1.1-3.6. In addition, it is planned that there will be up to 8 additional meetings with the City and District for coordination. Additional meetings beyond those specified in this scope of work will be billed on a time and materials basis. Deliverables: Minutes from All Meetings Attended (8 Meetings @12.5% per meeting) G:\2005\05-9035\Revised Items for Proposal\Scope of Work.doc 8 After receipt of 75%plans of proposed alignments and any alternative alignments, Webb Associate's Planning & Environmental Services Department will commence with the following scope. The deliverables for each scope have been identified within each task. 5.1 Biological Resources Studies This task will include a General Biological Habitat Assessment, Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) compliance surveys and analysis, and a Jurisdictional Delineation for the project. For a more detailed scope of work included in this task please refer to Attachment A, Scope of Work, Biological Technical Report and Jurisdictional Delineation, San Jacinto Master Drainage Plan, San Jacinto, Riverside, California. The following assumptions are incorporated into the proposed fee: • San Jacinto MDP linear facility alignments and basin location per Albert A. Webb Associates Exhibit 1 • All survey work will be limited to the "Project Area" consisting of the 110-acre proposed detention basin and an average 100-foot-wide construction footprint for linear facilities. Based on the project overlay map provided by Albert A. Webb Associates (Exhibit 1) the estimated total survey acreage is approximately 250 acres of land. • To satisfy MSHCP requirements, habitat assessments and focused plant and animal surveys will target portions of the project coinciding with MSHCP Survey Areas. Potentially suitable habitat and the presence of sensitive species will be noted outside the MSHCP Survey Areas during general biological surveys and during miscellaneous assessments and surveys within the Project Area. This proposal does not include for and additional focused surveys not addressed in the attached scope of work. • The cost estimate for various focused surveys is based upon the project overlay to the MSHCP Survey Areas and is generally estimated to include a maximum of 130 acres for focused plant surveys, 250 acres for focused burrowing owl surveys, 20 depressions for wet season fairy shrimp surveys, and not more than three linear kilometers for least Bell's vireo surveys. If additional focused surveys are required, the existing contract can be augmented to allow for the additional surveys. • The attached scope of work does not include the preparation of permit applications (e.g., Army Corps 404, CDFG 1602, or Regional Water Quality Control Board 401 authorizations) or the processing of'those applications. • The scope of work does no include the preparation of a mitigation plan for impacts to sensitive resources. • This proposal does not include supervision of or attendance at meetings not specifically address in the attached scope of work. G:\2005\05-9035\Revised Items for Proposal\Scope of Work.doc 9 5.1a General Biological Habitat Assessment and MSHCP Species Specific Habitat Assessments A General Biological Habitat Assessment will be conducted under this subtask for the project area. All flora and fauna observed in the project area will be recorded. Habitat Suitability Assessments for narrow endemic plants, burrowing owl, San Bernardino kangaroo rat, Los Angeles pocket mouse, least Bell's vireo and listed fairy shrimp will also be conducted under this task. Under this task a Biological Technical Report, which documents the findings of the General Biological Habitat Assessment and Habitat Suitability Assessments for species required under the MSHCP, will be provided. Up to three meetings are included in this task for coordination with Albert A. Webb Associates, Glenn Lukos Associates, the City of San Jacinto, and/or the Riverside County Flood Control and Water Conservation District. (Tasks I-IV, 50%of XIII, and 50%of XVII of Attachment A are included under this task, Task 5.1 a) Deliverables: Draft Biological Technical Report(70%) Final Biological Technical Report(100%) Time to Complete(3-6 months *based on final site plan) Note: Permission to access the survey areas and keys or combinations to locked gates must be obtained by the client and provided prior to start of work. 5.1b MSHCP Focused Surveys, Consistency Analysis and DBESP, Jurisdictional Delineation Task 5.1a above will identify what MSHCP focused surveys, if any, need to be conducted. Task 5.1a above will also identify if a Jurisdictional Delineation, MSHCP Section 6.1.2 Functions and Values Assessment, or MSHCP Determination of Biologically Equivalent or Superior Preservation (DBESP) are required, and if so to what extent. Once the additional surveys have been identified, the scope and fee associated with Task 5.1b will be revised and submitted to the City of San Jacinto and the Riverside County Flood Control and Water Conservation District for review and approval. Focused surveys for narrow endemic plants, burrowing owl, least Bell's vireo, southwestern willow flycatcher, small mammal trapping for San Bernardino kangaroo rat and Los Angeles pocket mouse, and a wet season fairy shrimp survey are included under this task. A delineation of on site federal and state jurisdiction as well as MSHCP Section 6.1.2 Functions and Values Assessment and DBESP, for unavoidable impacts, will also be conducted under this task. Under this task the Biological Technical Report prepared under Task 5.1b above, will be augmented to include findings of the focused biological surveys, the DBESP analysis, G:\2005\05-9035\Revised Items for Proposal\Scope of Work.doc 10 and a MSHCP consistency analysis. Under this task a Delineation Report, which documents the findings concerning Army Corps and California Department of Fish and Game (CDFG)jurisdiction in the project area, will be provided. Up to three meetings are included in this task for coordination with Albert A. Webb Associates, Glenn Lukos Associates,the City of San Jacinto, and/or the Riverside County Flood Control and Water Conservation District. (Tasks V-XII, 50% of XIII, XIV-XVI, and 50% of XVII of Attachment A are included under this task,Task 5.1b) Deliverables: Draft Biological Technical Report (augmented to include focused survey results) and Jurisdictional Delineation (70%) Final Biological Technical Report (augmented to include focused survey results) and Jurisdictional Delineation (100%) Time to Complete(4-8 months *from completion of 5.la) Note: Permission to access the survey areas and keys or combinations to locked gates must be obtained by the client and provided prior to start of work. 5.2 Cultural Resources Evaluation The proposed alignments and any alternatives will also be surveyed by a cultural resource specialist for impacts related to archaeological, paleontological and historical resources that might occur during construction and operation of the proposed MDP facilities. The following assumptions are incorporated into the proposed fee: • San Jacinto MDP linear facility alignments and basin location per Albert A. Webb Associates Exhibit 1 • All survey work will be limited to the "Project Area" consisting of the 110-acre proposed detention basin and an average 100-foot-wide construction footprint for linear facilities. Based on the project overlay map provided by Albert A. Webb Associates (Exhibit 1) the estimated total survey acreage is approximately 1,000 acres of land. Deliverables: Cultural Resource Evaluation Report(100%) Time to Complete(6-9 months *based on final site plan) Note: Permission to access the survey areas and keys or combinations to locked gates must be obtained by the client and provided prior to start of work. G:\2005\05-9035\Revised Items for Proposal\Scope of Work.doc 11 5.3 Air Quality Analysis An air quality analysis will be prepared to analyze the impacts to air quality from construction and operation of the proposed project. This report will be used to support the Mitigated Negative Declaration or the Draft EIR. The following assumptions are incorporated into the proposed fee: • San Jacinto MDP linear facility alignments and basin location per Albert A. Webb Associates Exhibit 1 Deliverables: Air Quality Analysis Report(100%) Time to Complete(3 months *based on final site plan) 5.4 Hazardous Materials Database Search A Hazardous Material Database Search will be conducted and a report provided for documented hazardous materials or hazardous waste sites in or along the project alignment and basin location. Federal and State lists will be searched. This report will be used to support the Mitigated Negative Declaration or the Draft EIR The following assumptions are incorporated into the proposed fee: • San Jacinto MDP linear facility alignments and basin location per Albert A. Webb Associates Exhibit 1 Deliverables: Hazardous Materials Database Report(100%) Time to Complete(3 months *based on final site plan) G:\2005\05-9035\Reviscd Items for Proposal\Scope of Work.doc 12 5.5 CEQA Document Preparation Based upon receipt of the signed MOU between the City of San Jacinto and the Riverside County Flood Control and Water Conservation District (District), stipulating the Lead Agency and defining the CEQA process between the two agencies, the Initial Study will be initiated. The following sub-Tasks have been included to provide an estimate for preparation of a Mitigated Negative Declaration and an Environmental Impact Report (EIR)as an Add-on Task, if prepared. Printing,noticing in the newspaper and distribution costs for the Initial Study/Mrtigated Negative Declaration and EIR are not included in this task. These items will be billed monthly as reimbursable items. 5.5a - Initial Study/Mitigated Negative Declaration Technical studies prepared under Task 5.1 will be used for the support of the Initial Study/Mitigated Negative Declaration (MND) document. Under this task Webb will prepare no more than three (3) Screencheck Initial Study/MIND drafts, which means the District and City, along with respective legal counsel will have no more than three review periods, the last being a final, cursory look-through, before release of the IS/MIND for public review. The District and the City shall approve the document prior to its release for public review. Under this task, Webb will prepare, circulate, and notice on behalf of the City and the District, the Initial Study for its 30-day public review period. Webb will also prepare a Notice of Determination for lead agency approval and signature. It is anticipated that the City of San Jacinto will adopt their General Plan Update and associated EIR in August or September 2005. The MND prepared for the proposed MDP facilities will be able to tier off the General Plan EIR document. Deliverables: 1st Screencheck Initial Study/MIND 2nd Screencheck Initial Study/1VL D 3M/Final Screencheck Initial Study/MIND Public Review Document—Initial Study/MND Notice of Determination Time to Complete 1st Screencheck (3-9 months from completion of all technical studies) Having two agencies and legal counsels involved in the proposed MDP project will undoubtedly require substantial meetings and coordination. Although Webb Associates will utilize email as the primary means of communication between the parties, to disseminate information, documents etc, there will be substantial time set aside under this Task to facilitate this project. Deliverables: Meetings related to Biological Resources Studies Meetings related to Cultural Resources Studies Meetings related to Initial Study/MIND G:\2005\05-9035\Revised Items for Proposal\Scope of Workdoc 13 5.5b - Environmental Impact Report (Add-on Task) Webb Associates will prepare the Draft Environmental Impact Report(EIR) utilizing the technical studies prepared under Task 5.1. Under this task Webb will prepare no more than three (3) Screencheck Draft EIRs, which means the District and City, along with respective legal counsel will have no more than three review periods, the last being a final, cursory look-through, before release of the document for public review. The District and the City shall approve the Draft EIR prior to its release for public review. Under this task, Webb will prepare, circulate, and notice on behalf of the City and District, the Draft EIR for its 45-day public review period. This task will also include preparation and posting of a Notice of Preparation and a Notice of Completion. Deliverables: Notice of Preparation 1st Screencheck Draft EIR 2nd Screencheck Draft EIR 3rd Screencheck Draft EIR Public Review Document—Draft EIR 1st Screencheck Final EIR Final EIR Notice of Completion Time to Complete (12-18 months from the completion of Task 5.2a and the distribution of the Notice of Preparation) This task will also include meetings and coordination related to preparation of the Draft and Final EIRs. Deliverables: Meetings related to 1st Screencheck Draft EIR Meetings related to 2nd Screencheck Draft EIR Meetings related to Final EIR G:\2005\05-9035\Revised Items for Proposal\Scope of Work.doc 14 SCHEDULE OF VALUES 1.1 Initial Base Sheet Development $18,200 1.2 Initial Drainage System Facility Inventory $18,360 1.3 Existing Master Plan Coordination $3,820 1.4 Engineering Design Criteria and Standards $7,910 1.5 Initial Needs Assessment and Constraint Information $8,170 2.1 Watershed Parameter Characterization $6,910 2.2 Watershed Delineation and Hydrological Analysis $41,060 2.3 Existing Drainage Facility Hydraulic Capacities $24,580 3.1 Alternatives Formulation and Feasibility Analysis $31,125 3.2 Preliminary Sizing and Hydraulics $55,405 3.3 Water Quality Evaluation for Regional Facilities $18,190 3.4 Preliminary Construction Cost Estimate $13,960 3.5 Phasing and Implementation Program $11,030 3.6 Approval $11,320 4.1 Preparation of Draft Report $18,295 4.2 Final Report $12,060 4.3 Final Exhibits $42,005 4.4 Appendices to Report $8,905 4.5 Meetings $20,050 5.1 Biological Resources Studies 5.1.a General Biological Habitat Assessment and MSHCP Species Specific Habitat Assessments $56,670 5.1.b MSHCP Focused Surveys, Consistency Analysis and DBESP, Jurisdictional Delineation $162,225 G:\2005\05-9035\Revised Items for Proposal\Schedule of Values.doc 1 5.2 Cultural Resources Evaluation $21,745 5.3 Air Quality Analysis $10,560 5.4 Hazardous Materials Database Search $10,480 5.5 CEQA Document Preparation 5.2a* Initial Study/Mtigated Negative Declaration $45,310 Subtotal $678,344 *5.2b Environmental Impact Report(Add-on Task) $166,950 6 Lyon Avenue Basin- Design 6.1 Final Construction Drawings For Lyon Ave Basin $25,350 6.2 Lift Station Design For Lyon Ave Basin $12,250 6.3 Engineer's Cost Estimate for Lyon Ave Basin $1,500 6.4 Specifications for Lyon Ave Construction $3,500 6.5 Coordination of Lyon Ave Basin $20,500 6.6 Hydrology and Hydraulic Report For Lyon Basin $6,500 6.7 Erosion Control (NOI and SWPPP)For Lyon Basin $9,250 7 Lyon Avenue Basin - CEQA 7.1 Background Research and Project Description $3,500 7.2 Initial Study $13,500 7.3 Technical Studies $21,000 7.4 Meetings and Coordination $13,750 Subtotal $130,600 Total $808,945 (Not Including EIR for MDP Revision) G:12005\05-9035\Revised Items for Proposal\Schedule of Values.doc 2 Attachment A SCOPE OF WORK BIOLOGICAL TECHNICAL REPORT AND JURISDICTIONAL DELINEATION SAN JACINTO MASTER DRAINAGE PLAN SAN JACINTO,RIVERSIDE COUNTY,CALIFORNIA TASK I. REVIEW EXISTING MATERIALS Existing maps,documents,datahases,and correspondence relative to the proposed project will be reviewed and analyzed. Included in this task will be a review of the Multiple Species Habitat Conservation Plan(MSHCP),California Natural Diversity Database(CNDDB),Federal Register, previous biological documentation prepared for the vicinity,and information regarding wildlife corridors on or near the project site. TASK II. CONDUCT GENERAL BIOLOGICAL SURVEYS GLA biologists shall conduct general biological surveys for the overall Project Area,recording all flora and fauna observed on site in field notes. Should any sensitive species and/or habitats be identified during performance of general surveys,their descriptions shall be recorded in field notes and locations will be indicated on a map of the site(to be included in the Biological Technical Report). Lists of all flora and fauna identified on site shall be included in Floral and Faunal Compendia prepared for inclusion in the final biological technical report. TASK III. CONDUCT HABITAT SUITABILITY ASSESSMENTS Pursuant to Sections 6.1.2, 6.1.3,and 6.3.2 of the MSHCP,GLA biologists will conduct habitat suitability assessments for sensitive species with special survey requirements under the MSHCP. Portions of the Project Area occur within the Narrow Endemic Plant Species Survey Area, Burrowing Owl Survey Area,and the Mammal Survey Area for the San Bernardino kangaroo rat and the Los Angeles pocket mouse. Conduct Habitat Assessment for Sensitive Plants Portions of the Project Area occur within Survey Area Number 3 of the Narrow Endemic Plant Species Survey Area. Within portions of the Project Area that coincide with the corresponding Survey Area,GLA will conduct habitat assessments for the target species. In coordination with vernal pool mapping as required by MSHCP Section 6.1.2,GLA biologists will conduct habitat assessments for sensitive plants associated with vernal pools.In addition,to satisfy CEQA beyond the MSHCP requirements,GLA will assess the remainder of the Project Area for sensitive plants with the potential to occur. Within areas of suitable habitat,GLA biologists will conduct focused surveys to determine the presence/absence of sensitive plants for the Project Area[See Task V below]. Conduct Habitat Assessment for Burrowing Owls Portions of the Project Area occur within the MSHCP Burrowing Owl Survey Area. Pursuant to Section 6.3.2,GLA biologists will conduct a habitat assessment for the burrowing owl. The habitat assessment will be conducted following protocol recognized by the California Department of Fish and Game(CDFG)and the MSHCP. Biologists will walk potentially suitable areas within the Project Area(corresponding to the Survey Area)to identify natural burrows and other artificial openings with the potential to support burrowing owls. Potentially suitable burrow complexes will be mapped and identified for the purpose of focused surveys. Based on the project overlay map provided by Webb&Associates, and assuming a 100-foot- wide construction area for linear facilities,it is estimated that approximately 400 acres of land will require a habitat assessment for the burrowing owl. Within areas of suitable habitat,GLA biologists will conduct focused surveys for the burrowing owl [See Task VI below]. Conduct Habitat Assessment for Sensitive Mammals Portions of the proposed Master Drainage Plan occur within the MSHCP Mammal Survey Area for the San Bernardino kangaroo rat(SBKR)and Los Angeles pocket mouse(LAPM). Pursuant to Section 6.3.2,a biologist will conduct a habitat assessment for the small mammal species within the proposed work area for the above-referenced facility lines. Within areas of suitable habitat,a trapping study will be conducted to determine the presence/absence of the SBKR and LAPM[See Task VIII below]. Conduct Habitat Assessment for Sensitive Riparian Birds Pursuant to MSHCP Section 6.1.2,GLA biologists will assess any riparian areas within the Project Area for the potential to support sensitive riparian birds as required by Section 6.1.2. Specifically,biologists will conduct habitat assessments for the least Bell's vireo, southwestern willow flycatcher, and western yellow-billed cuckoo. Within areas of suitable habitat,biologists will conduct focused surveys for the riparian species[See Tasks VIII and IX below]. Conduct Habitat Assessment for Listed Fairy Shrimp Pursuant to MSHCP Section 6.1.2,GLA biologists will conduct habitat assessments within the Project Area for listed fairy shrimp. Section 6.1.2 requires habitat assessments for all seasonally ponded depressions with the potential to support listed shrimp,including vernal pools and natural ephemeral pools,as well as stock ponds and other artificial depressions. Listed shrimp requiring habitat assessments include the Riverside fairy shrimp,Vernal.Pool fairy shrimp,and Santa Rosa Plateau fairy shrimp. GLA biologists will assess the Project Area prior to start of the wet season and again following the first significant rainfall of the 2005-2006 wet season to identify areas that will require a wet season fairy shrimp survey. Within areas of suitable habitat, GLA will conduct focused surveys to determine the presence/absence of listed fairy shrimp[See Task X below]. TASK IV. PREPARE MAP OF VEGETATION TYPES AND SENSITIVE HABITATS GLA biologists will prepare a map of existing vegetation types and sensitive habitats for the Project Area. The map will specifically include MSHCP Riparian/Riverine Areas and Vernal Pools. The mapping will be performed on an aerial photograph less than two years old. All flora and fauna identified on site during vegetation mapping will be included in floral and faunal compendia prepared for the property. TASK V. CONDUCT FOCUSED SURVEYS FOR SENSITIVE PLANTS As referenced above,portions of the Project occur within the MSHCP Narrow Endemic Plant Species Survey Area,but the Project does not coincide with the Criteria Plant Species Survey Area. Within areas of suitable habitat as identified through habitat suitability assessments for the Narrow Endemic Plant Survey Area,GLA biologists shall conduct focused surveys to determine the presence/absence of Narrow Endemic Plants. Within areas of suitable habitat,GLA will conduct focused plant surveys for an adequate number of visits to cover the range of flowering periods for each potential species. Based on the project overlay map provided by Webb& Associates(dated September 9,2005),we estimate that approximately 130 acres(including the proposed detention basin and a 100-foot-wide construction footprint for linear facilities)fall within the Narrow Endemic Plant Survey Area and will potentially require focused plant surveys. If additional focused surveys are required,the existing contract can be augmented to allow for the additional surveys. In addition,through general surveys conducted for the remainder of the Project Area,GLA biologists will note any other sensitive plants in order to satisfy requirements under CEQA, beyond the requirements of MSHCP. The identification of any sensitive plant species within the Project Area will be recorded in field notes and their locations will be noted on a map to be submitted with the final Biological Technical Report. All flora and fauna identified on site during performance of focused surveys will be included in floral and faunal compendia prepared for the property, TASK VI. CONDUCT FOCUSED BURROWING OWL SURVEYS Within areas of suitable habitat as identified through habitat suitability assessments,GLA biologists shall conduct focused surveys for burrowing owls. Biologists will conduct focused surveys during both the peak-wintering season(December 1—January 31)and the peak-breeding season (April 15 through July 15). Focused surveys will be conducted following protocols recognized by CDFG and the MSHCP,which require a minimum of four surveys(for both wintering and breeding surveys)within potentially suitable areas to confirm the absence of burrowing owls. The presence of burrowing owls will be determined based on direct observation and/or the presence of recent diagnostic sign(i.e.,whitewash,pellets,bones, feathers,etc.). Locations of burrowing owls will be shown on a map included with the Biological Technical Report. Based on the project overlay map provided by Webb&Associates,we estimate a maximum of 250 acres coinciding with the MSHCP Burrowing Owl Survey Area that may require focused surveys. If additional focused surveys are required,the existing contract can be augmented to allow for the additional surveys. TASK VII. CONDUCT SMALL MAMMAL TRAPPING Within areas of suitable habitat corresponding to project areas coinciding with the Project portions within the MSHCP Mammal Survey Area,a biologist holding a valid 10(a)(1)(A) permit from the U.S.Fish and Wildlife Service(USFWS)will conduct a trapping study to determine the presence/absence of SBKR and LAPM. Locations of any sensitive mammals detected through trapping will be shown on a map included with the Biological Technical Report. TASK VIII. CONDUCT FOCUSED SURVEYS FOR LEAST BELL'S VIREO Within areas of suitable habitat as identified through habitat suitability assessments,GLA biologists will conduct focused surveys for the least Bell's vireo following USFWS survey protocol guidelines. Survey guidelines require a minimum of eight surveys conducted between April 10 and July 31. Survey visits are to be conducted at least 10 days apart to maximize detection of the species. Surveys will be conducted by walking the length of each polygon to determine the presence/absence of vireos through vocal recognition and/or visual observation. The USFWS protocol sets a maximum of three linear kilometers per biologist per day. Based on a review of an aerial photograph for the Project Area, it is assumed that less than three linear kilometers of suitable habitat is present. If additional focused surveys are required,the existing contract can be augmented to allow for the additional surveys. A complete list of all riparian birds,including any other special-status species observed will be compiled during focused surveys. TASK IX. CONDUCT WET SEASON FAIRY SHRIMP SURVEY Within areas of suitable habitat as identified through habitat suitability assessments,a biologist holding a valid 10(a)(I)recovery permit from USFWS will conduct a protocol wet season survey for listed fairy shrimp. Surveys will be conducted following USFWS survey protocol guidelines. Seasonally ponding depressions will be monitored following the first significant rainfall of the 2005-2006 season. Following the initial inundation,USFWS guidelines require that a ponding feature be sampled every 14 days until the feature is no longer ponded,or until 120 days of continuous ponding,in order to confirm the absence of listed fairy shrimp. This scope of work assumes a maximum of 20 ponded depressions requiring focused surveys for the maximum survey effort. If additional depressions are identified requiring focused surveys,then the existing contract can be augmented to all for the additional surveys. In addition,this task only covers a single complete wet season protocol survey. Although the USFWS survey protocol identifies two surveys(either a wet season and dry season survey,or two wet surveys),the MSHCP identifies a single survey protocol(either one wet or one dry season survey). If a dry season survey,or second wet season survey is ultimately required,the existing contract can be augmented to allow for these additional surveys. TASK X. DELINEATE ON SITE FEDERAL AND STATE AGENCY JURISDICTION A field team of regulatory specialists will delineate Corps jurisdictional boundaries within the project site. The field team will investigate specific conditions relating to jurisdictional criteria such as evidence of ordinary high water marks,wetland vegetation indicator species,hydric soils,and appropriate hydrology,all as outlined in the 1987 U.S.Army Corps of Engineers Wetland Delineation Manual(1987 Manual). These data will be recorded on the aerial photograph for use in preparing jurisdictional maps and a letter report. Potential for on site mitigation will also be noted. The methodology set forth in the 1987 Manual generally requires that,in order to be considered a wetland,the vegetation,soils,and hydrology of an area exhibit at least minimal hydric characteristics. While the manual provides great detail in methodology and allows for varying special conditions,a wetland should normally meet the following three criteria. • more than 50 percent of the dominant plant species at the site must be typical of weilands,(i,e., rated as Facultative or wetter in the National.List of Plant Species that Occur in Wetlands'); • soils must exhibit physical and/or chemical characteristics indicative of permanent or periodic saturation(e.g.,a gleyed color,or mottles with a matrix of low chroma indicating a relatively consistent fluctuation between aerobic and anaerobic.conditions);and 'Reed, P.R. Jr. 1988. National List of Plant Species that Occur in Wetlands. U.S. Fish and Wildlife Service Biological Report 88(26.10). • hydrologic characteristics must indicate that the ground is saturated to within 12 inches of the surface for at least five percent of the growing season. A field team of regulatory specialists will delineate CDFG jurisdictional boundaries within the project site. All intermittent and ephemeral streams,rivers,creeks,dry washes,sloughs,blue-line streams,and watercourses with subsurface flows,canals,aqueducts,irrigation ditches,and other means of water conveyance,and lakes will be examined for indicators of CDFG jurisdiction. These indicators include biologic components of aquatic systems(such as riparian vegetation)and physical features(such as a bed or channel,banks,levees,instream features such as logs or snags,and flood plains). Measurements of this jurisdiction will be taken at periodic intervals along the drainage and mapped onto a 200-scale topographic map. Isolated wetlands(such as vernal pools)are generally not considered to be within CDFG jurisdiction. This scope of work includes two one-day meetings with the Corps and CDFG at the site to verify the delineation. Based on the project overlay map provided by Webb&Associates,we estimate approximately 10 linear miles of proposed linear facilities that need to evaluated for Corps and CDFG jurisdiction. This scope of work considers the need to assess all proposed linear facilities. If the additional proposed facilities are later introduced requiring additional delineation fieldwork,the existing contract can be augmented to allow for the additional work. TASK XL CONDUCT FUNCTIONS AND VALUES ASSESSMENT For areas of Corps/CDFG jurisdiction, MSHCP Riparian/Riverine Areas, and/or vernal pools identified within the Project Area,GLA will prepare a functions and values assessment of the relevant resources. The assessment will evaluate the functions and values of riparian/riverine areas,vernal pools, and fairy shrimp habitat as defined by Section 6.1.2 of the MSHCP as they relate to Covered Species. The functional assessment will be used to analyze pre-and post- project conditions of these habitats and based on several factors including effect on specific species listed in the plan. TASK XII. PROVIDE PRELIMINARY RESULTS OF SURVEYS GLA will provide preliminary results in the form of memorandums following completion of habitat assessments,jurisdictional delineation,and focused surveys. Not to exceed three(3)interim reports. TASK XIII. PREPARE BIOLOGICAL TECHNICAL REPORT A biological technical report will document the findings of the general and focused biological surveys and habitat assessments. The biological technical report will provide a full description of the existing conditions on the site including vegetation communities(vegetation map included), sensitive plants or animals identified onsite(sensitive species map to be included),and a discussion of sensitive plants and animals not identified onsite and why they are not expected to occur on the property. The biological technical report will evaluate project impacts to biological resources, including special status species;and will develop mitigation measures where project impacts to biological resources have been determined to be significant. TASK XIV. PREPARE JURISDICTIONAL DELINEATION REPORT A regulatory specialist will prepare a letter report to document the findings concerning Corps and CDFG jurisdiction on the site. The report will document the extent of jurisdiction,assess wetland- related biological resources,and discuss permitting strategies. Documentation will consist of(l) field data sheets(as an appendix), (2)color photographs of representative jurisdictional areas(and non jurisdictional areas that could be mistaken for jurisdiction),(3)a topographic map of the limits of jurisdictional areas(the map will show all points at which measurements were made and soil pits examined),and,if applicable,(4)a table showing the area of Corps and CDFG jurisdiction for each drainage and tributary. TASK XV. PREPARE MSHCP CONSISTENCY ANALYSIS Through coordination with Albert A.Webb&Associates,GLA will prepare an MSHCP Consistency Analysis that evaluates the proposed Project's compliance with the requirements of the MSHCP. The consistency analysis is expected to be a summary document that will present an argument of compliance with MSHCP Sections 6.1.2,6.1.3,6.1.4,and 6.3.2. In addition,the analysis will evaluate consistency with respect to the Project's relationship with Reserve Assembly, including potential conservation based on occurrence within the MSHCP Criteria Area. TASK XVI. PREPARE DBESP ANALYSIS If the Master Drainage Plan will result in unavoidable impacts to MSHCP Riparian/Riverine Areas, vernal pools,listed fairy shrimp,and/or the listed riparian birds(Section 6.1.2);and/or if the project cannot satisfy the 90-percent avoidance criteria for identified Narrow Endemic Plants,burrowing owls,or MSHCP mammals(SBKR/LAPMVI),then a Determination of Biologically Equivalent or Superior Preservation(DBESP)must be made for the Project. GLA will prepare an analysis to evaluate whether the Project would satisfy the DBESP requirement. TASK XVII. COORDINATION AND MEETINGS GLA will coordinate with Albert A.Webb&Associates,the City of San Jacinto,and Riverside County Flood Control while completing the scope of work This task will allow for attendance of up to six meetings with the project proponents,as well as additional miscellaneous meetings and coordination with Webb&Associates. vol. r v ., 1 -"A'' ; a.r' t'-;�► at fit, ' - s t ;.in`'wrt 1 T. Kr el. o '�J .' .*: b' 't - is ;:.•.4 h� .cam 1 %- ,,.. .+t� tr (' i�_ '7'9� .; ' Ifi, _. +..• Lop 1 to , "� ' a ,r+ ,fit:�'` l`•;'w YH laC�i.t yi4'tsT •...1' .L t tC fC:+'- 'y� • sy x'...:. ;.4, •,)r 3 _C I mo?" + , ' =le.. ©VA: a _ `'rin j4A l '� �A • - ':Yuri �' 3�7�+ea-W In ter_ � i lee' f I. JAtllr� `A,'� - �% l y , �.; 1 * �J], ijM �.7'^1,...y'y�s c �2R 3 • ,�. .' D �' ,L D _ 1 m_ � • f lf i a :. , a ' «ry4`. , fi 7, sw sr , r•o Ilan-. ix� `re v,qo— : '� j�'� -r :,M i tis r C1•4{'. 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'.„,r,.,..• , , t '� 'w.. sel I1.111 .1I r`M A c r y , ' .II -2 r\tV:," ... 4- ►_ :- yy! , It's ° �- ` 11 A i �' ..".....„.0. i N. r'aR K�i!'''� 71 '•+ r 'fit; s �$147_T� -i. r ., q. • a i f' t •� y. +' s + • ,v. 7 . +oar r ,, y ' i y ,, ` : e. r ,'.\ �4 ,� ,* 1 ;, r +[��9 w. i ! �j .tljl i�x�tj l •'4a r' -` { s+ � '`. i 'YY.r,>,r.i.r yt '�'° 1� 1�,1r''Vr;j' _ S•r,. r ,:e �' ~.st: , t', A a r o y! / ,f a-, Zs ti.'�yp7 �y-�' l .fit L 3.-'!,9 s t'-11Z, -` y I 2 r- rY' `•! .r ��� iar -f'-j �I'2X4i.: '47'Y'• -5 a,-1'; S .e' Sot Y'` ¢ J 5 t Attachment B Lyon Avenue Detention Basin • A-1 C:\2005\05-9035\Revised Items for Proposal\Detention Basin_P)LReviseddoc ALBFRT A.WEBB ASS OCIATE EXHIBIT "A" SCOPE OF SERVICES Final Construction Drawings BUDGET • Prepare final construction drawings for Lyon Avenue Detention Basin which includes- $25,350 0 Grading of the Basins; 0 Design of inlet and outlet structures; 0 Design of low flow/water quality system; 0 Design of connector pipe between the two basins. • Design basin lift station, including pump design, piping, pump station intake enclosure, and appurtenances. $12,250 • Prepare Engineer's cost estimate for basin construction $ 1,500 • Prepare specifications for basin construction $ 3,500 • Coordinate and process plans with City of San Jacinto and Riverside County Flood Control and Water Conservation District $20,500 • Prepare final Hydrology and Hydraulic report supporting basin design and surrounding Master Plan facilities $ 6,500 • Erosion Control $ 9,250 0 Prepare Notice of Intent and submit to California State Regional Water Quality Control Board. 0 Prepare Storm Water Pollution Prevention Plan (SWPPP) and Report, and file application per NPDES requirements. TOTAL, FINAL DESIGN PHASE $ 78,850 The final design services outlined above will be provided on a lump sum basis, for a total fee of $78,850. Services will be billed monthly, on percent-complete basis. Reimbursable expenses (i.e., prints,photocopies, mileage, postage, outside services, etc.) are not included in this contract fee and would be provided on a time and material basis, in accordance with our current schedule of fees. NOTE: Scope does not include Electrical Engineering design for development of pump system for the City's lift station. A-2 G:\2005\05-9035\Revised Items for Proposal\Detention Basin_PX_Revised.doc ALBERTA.WEBBASSOCIATES EXHIBIT "B" SCOPE OF SERVICES CEQA COMPLIANCE BUDGE T Task 1. Background Research& Project Description $ 3,500 Working with the City and Webb Engineering, will put together a complete project description of the basin, including sizing, capacity, inlet/outlet flows, water quality treatment etc. As part of this task we will compile relevant environmental documents which can be used for background research from surrounding projects, if any, from the City Planning Department. Task 2. Initial Study $13,500 Under this task, Webb Associates will prepare an Initial Study checklist pursuant to CEQA and the City of San Jacinto's CEQA Guidelines. It is assumed that the Initial Study Checklist, along with the special studies prepared under Task 3, will support a Mitigated Negative Declaration for this project. Our scope of work includes one round of review, and one round of revisions. Printing and distribution of the CEQA document for public review is assumed to be handled by the City of San Jacinto. The only special studies included in our scope of services are listed below. No other permits or regulatory approvals are included in this scope of services. Task 3. Technical Studies $21,000 Given the type of project(detention basin), most of the impacts related to the project will be the physical disturbance of the site itself. Therefore, it is anticipated that the following technical studies will be needed in order to support the Mitigated Negative Declaration. An air quality analysis will be prepared to analyze the construction impacts of building the basin. Because the City of San Jacinto must meet the requirements of the Multiple Species Habitat Conservation Plan (MSHCP), we have included the cost to prepare a General Biological Assessment, along with a focused spring Western Burrowing Owl Survey. Lastly, our scope will include a Phase I cultural resource evaluation which includes a survey for Paleontological resources. , These studies will be used to substantiate the findings of the Initial Study from Task 2 above. No other special studies or permits are included in our scope of services. Task 4. Meetings and Coordination $13,750 Upon authorization, Webb Associates will coordinate and meet with the City of San Jacinto (6 meetings max.) and any other agencies related to the environmental analysis of the Lyon Avenue Basin. B-1 G:\2005\05-9035\Revised Items for Proposal\Detention Besinj'X_Revised.doc ALBERTA.WEBB ASSOCIATES EXHIBIT "C" COMPENSATION The environmental and final design phase services outlined in Exhibits "A" and "B" will be provided for the following lump sum fees: Final Construction Drawings $ 78,850 Environmental Services $ 51,750 Total Contract Amount $ 130,600 Total fees for the services outlined in Exhibit "A" and "B" shall not exceed$130,600 without prior authorization from Client. Charges will be billed monthly on a percentage complete basis. Charges for in-house and subcontracted printing, copying, and postage, as well as mileage, telephone tolls, and electronic distance measuring equipment are included in this contract. Purchased services and/or other services not specifically listed above or in Exhibits "A" and/or "B", will be billed on a time and material basis, in addition to the contract amounts shown above, in accordance with our current Schedule of Fees. Checking and/or filing fees are not included in this contract, and shall be paid by the client directly to the appropriate governmental agency. All invoices shall be due and payable upon receipt. If invoices remain unpaid after 30 days, consultant shall cease work on project, and interest of 1.5%per month on unpaid balances shall be charged. NOTE: We have drafted this proposal to include services on a percent-complete basis,up to a certain initial fee cap. If we determine that our total fees will exceed this amount, due to circumstances beyond our control,we will request additional authorization from client prior to continuing with work. C-1 G:\2005\05 9035\Revised Items for Proposal\Detention Basin_PX_Revised.doc ALBERTA.WEBB ASSOCIATES , k a .,t IL u. S 1,6 x a !4 • x g5yz —p dF' M I , ^1 S r� I e1 i. R x3 . r il N 3 1 II 1 m 6 _, 0 _,__orl— 4 g 41 iII - E ., 3 a-. y, T t f Q C o rn _ = v t s 8 m m o s g o _ F 3 E 3 C C :ii + f ILL MIv: i °,1 x- , i A' ::'^Y � i6 6 ~ 24 7 — 3 - g $1 l - FI E EE _ r ... _a: ijL i i $ F a S . 4 F a ` 11 e 3 E 9 ag11 a1a .s ; ° gt a •o ` . r0l' _ & 3 1 a y a a 3 5 s' g m tad I 1 g $ r > 3, u@ 3- 1 s 5 z ? S a s i m a uo n : r a i 3 O . i 5 4 4 1 i ! I �a x I= s' T. B $ o . L 1 a 5 a ! g 3 3 , a i 3 x 3 a 1 . i1 ! Esa - s 5. 3 T. t. 3a d Sci •• aa a M n nn a e a 7, ve a+ .n v i ui M vi N u�i � 2 NOV.23.2025 4:30PM N0.412 P.2i2 W AR.�1N WILLIAMS so 1995 MARKET STREET Goleral Manager-ChicdEngineer r RIVERSIDE,CA 92501 c� 951.955.1200 • y 951.7883965 FAX Y� ` 103552 nc�e� eT � RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT November 23, 2003 Mr. Habib Motlagh City of San Jacinto 201 East Maim Street San Jacinto, CA 92583 Dear Mr. Motlagh: Re: San Jacinto Valley Master Drainage Plan In reference to the District's letter to you dated August 24,,2005, regarding the Request for Proposals for the revision of the City's Master Drainage Plan, the District is willing to enter into a cost sharing agreement to fund up to fifty percent(50%)of the contract price. Due to revisions made to the environmental scope of the project to comply with MSHCP requirements, the original amount of S464,795.00bas been increased to S678,344.00. 41111 If you have any questions,please contact Stuart McKibbin at 951,955.1212. V truly y firs, LI , WARREN D. II, IAMS General Manager-Chief ling neer C: Stuart McKibbin AD:blj:bjp • ZB 39dd 371d1 IZI' 91128E126606 05:9T SeeZ/EZ/TT AGENDA ITEM . - December 1, 2005 TO: The Honorable Mayor and City Council FROM: City Manager and City Engineer SUBJECT: Memorandum of Agreement between City of San Jacinto and Continental Residential, Inc. RECOMMENDATION: Approve Memorandum of Agreement between City of San Jacinto and Continental Residential, Inc. BACKGROUND: Continental Residential, Inc. is the owner of Tentative Tract Map No. 31097. One of the conditions of the project's approval included the construction of drainage facilities to convey the balance of offsite runoff to Line "E". The maintenance of these facilities would then be turned over to the Riverside Flood Control and Water Conservation District ('RCFC"). This requirement is representative of the City's desire to see permanent, rather than interim, drainage facilities implemented. As the result of negotiations between Continental and the City, Continental has agreed to fulfill this condition by entering into a the accompanying Memorandum of Agreement. The basic deal points of the Memorandum of Agreement are: • Continental to design and construct Lines G and G-3. • Costs of Line G-3 would be subject to a reimbursement agreement, to be negotiated between the City, RCFC and Continental. Any amount not reimbursed would be made available to Continental as drainage fee credits. • City would issue certificates of occupancy to 80% of the homes within the tract, but only after Continental has completed the following: (i) cause RCFC to approve plans for Line G-3, (ii) solicit bids for construction of Line G-3, (iii) award a contract and cause construction of Line G-3 to be initiated, and (iv) provide the interim flood control measures described in the Project's mass grading permit and rough grading permit until construction of Line G and Line G-3 is complete. Approvals City Manager: �5D Finance Director: Page 1 of 2 i • No additional certificates of occupancy will be issued until Lines G and G-3 are completed. • The City will construct the Lyon Avenue drainage basin. • The City will issue a grading permit for the project once letters of credit have been posted by Continental, covering the costs of constructing Lines G and G-3. • Continental has also agreed to participate with other developers in the vicinity in reimbursing the City the costs of acquiring necessary rights of way for Line "E". Specifically, Continental is required to post letters of credit to cover the easement acquisition costs, which includes any environmental and appraisal costs. JUSTIFICATION: This Agreement is justified because it furthers the City's policy of implementing permanent, rather than temporary, drainage solutions required as the result of new development within the community. BUDGETARY IMPACT: This Agreement is not anticipated to have any direct negative budgetary impact. Instead, it is likely to have a positive budgetary impact in that it will assist in the implementation of storm drainage facilities. A subsequent reimbursement agreement will be brought back to the City Council for approval, providing for reimbursement and fee credits, per the Agreement. ATTACHMENT: • Memorandum of Agreement between City of San Jacinto and Continental Residential, Inc. Page 2 of 2 MEMORANDUM OF AGREEMENT This Memorandum of Agreement ("Agreement") is made this 1st of December, 2005, by and between Continental Residential, Inc., a California corporation ("Continental") and the City of San Jacinto ("City") with reference to the facts set forth below. RECITALS A. Continental owns approximately 63.22 acres of real property located in the City of San Jacinto, at the northeast corner of Estrella Street and Palm Avenue, south of De Anza Drive ("Property"). On July 8, 2004, City approved Vesting Tentative Tract Map 31097 ("Tentative Map"), authorizing the development of 214 residential lots and a 5.07 acre park on the Property. Continental intends to develop a residential subdivision on the Property consistent with the Tentative Map ("Project"). B. Tentative Map Engineering Condition of Approval No. 10, as amended ("Condition No. 10"), requires Continental to construct a portion of certain regional drainage facilities known as Line G-3, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Line G-3"). Other developers with development projects in the City are similarly obligated to construct other portions of Line G-3. The City, in cooperation with the Riverside County Flood Control District ("RCFC") is obligated to design Line G-3 and to design and construct regional drainage facilities known as Line G, more particularly described on Exhibit `B" attached hereto and incorporated herein, ("Line G") and a retention basin near the intersection of Lyon Avenue and De Anza Drive ("Retention Basin") that will serve Line G. C. The City has asked Continental and other developers in the City to assist with design and construction of Line G and Line G-3. Continental has agreed to provide such assistance on the terms and conditions set forth below. NOW, THEREFORE, in consideration of the foregoing Recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. Design and Construction of Line G-3. Continental agrees to construct or cause the construction of Line G-3 and to bear the costs associated with design and construction of Line G- 3 to its connection into the EMWD Reservoir (collectively the "Line G-3 Costs"). Line G-3 Costs shall include any required right-of-way acquisition costs. 2. Design and Construction of Line G. Continental agrees to design and construct or cause the design and construction of Line G. The City agrees to use good faith efforts to reimburse Continental for the cost of constructing Line G, including, if feasible, in conjunction with RCFC ("Line G Reimbursement"). The City's Line G Reimbursement shall not exceed one million dollars ($1,000,000) hereunder unless other funding becomes available to City for reimbursement. Continental shall not be entitled to reimbursement for the costs of designing Line G, which costs shall be borne exclusively by Continental. The parties shall enter into a cooperative agreement with RCFC providing for Line G Reimbursement ("Reimbursement Continental/Coventry Acres MOU 20244-184/2120734.4 RVPUBUSB\704275.1 Agreement") within sixty (60) days of entering into this Agreement, or as soon as reasonably practical. The City agrees to use reasonable efforts to cause Line G, which is currently identified in the City's and/or RCFC capital improvement program, to become a funded project such that Line G Reimbursement can be made to Continental pursuant to the Reimbursement Agreement. Such cooperation shall include good faith efforts on the part of the City to seek funds from other sources, including, without limitation, RCFC to pay the Line G Reimbursement. The parties acknowledge that funds available for reimbursement to Continental may not be sufficient to provide full Line G Reimbursement. Any such shortfall shall be paid to Continental in the form of drainage fee credits ("Drainage Fee Credits"). Drainage Fee Credits may be transferred and/or sold by Continental, in Continental's sole and absolute discretion, to any other development within the master plan area pursuant to RCFC guidelines. 3. Certificates of Occupancy. The City shall issue final certificates of occupancy for eighty percent (80%) of the residences authorized for the Project prior to completion of Line G and Line G-3; provided, however that prior to issuance of the first certificate of occupancy, Continental shall perform all of the following: (i) cause RCFC to approve plans for Line G-3, (ii) solicit bids for construction of Line G-3, (iii) award a contract and cause construction of Line G-3 to be initiated, and (iv) provide the interim flood control measures described in the Project's mass grading permit and rough grading permit until construction of Line G and Line G-3 is complete. 4. Retention Basin. The City shall construct the Retention Basin, defined above. Any City delay in constructing the Retention Basin shall not delay Continental's design and construction of Line G and shall not be cause for withholding the Grading Permit, final certificates of occupancy or any other permit or approval from Continental, except as noted in Paragraph (3) herein. 5. Issuance of Grading Permit. The City agrees to issue a permit authorizing grading of the Property in two phases (the "Grading Permit") as follows: 5.1 Provided Continental has posted improvement bonds in an amount sufficient to cover the costs of constructing Line G and Line G-3, as determined in the City's reasonable discretion, City hereby agrees to permit mass grading of the Property within ten (10) days of receiving Continental's complete application therefor, including compliance with comments from City and RCFC plan review. The parties acknowledge that Continental submitted a mass grading application on November 1, 2005 and the City shall issue the Grading Permit as soon as reasonably practical taking into consideration both the review and comments of RCFC, if any, and Continental's provision of complete plans. The parties agree that RCFC does not have formal approval authority over the issuance of grading permits, but instead will be consulted with by the City. 5.2 Continental agrees to modify all improvement plans for the Project as reasonably necessary due to the accelerated construction of Line G. Upon City's approval of such modified improvement plans (which approval shall not be unreasonably withheld, conditioned or delayed) and provided Continental has provided the City with the irrevocable letter of credit required pursuant to Section 8 below, the Grading Permit shall permit Continental to perform activities necessary to complete grading on the Property, including, without limitation, to perform rough, finish and precise grading. Continental/Coventry Acres MOU 20244-184/2120734.4 RVPUBUSB\704275.1 6. Issuance of Other Permits. Subject to the provisions of this Agreement, and provided Continental is not in default hereunder, City agrees to issue all other permits and approvals required to develop the Project, including, without limitation, precise grading plans, improvement plans and building permits, upon normal and typical review of applications for such permits. The parties agree that final certificates of occupancy beyond those for the first 80% of the Project (pursuant to Paragraph 3) may be withheld pending completion of Line G and Line G-3. No other permits or approvals necessary for development of the Project may be withheld pending completion of Line G or Line G-3 except as noted in Paragraph 3 herein. 7. Acquisition of Line E Easements and Rights of Way. In addition to Line G-3 and Line G, the City's Master Drainage Plan also contemplates development of a regional drainage facility downstream of the EMWD Reservoir known as Line E, including, without limitation, any costs incurred in performing appraisals, environmental studies and right of way acquisition costs ("Line E"). The Tentative Map conditions of approval do not require Continental to construct or contribute to development of Line E. Nevertheless, Continental hereby agrees to reimburse the City for any costs directly incurred by the City to acquire the easements and rights of way necessary to construct Line E ("Easement Costs"). The parties acknowledge and agree that other developers within the vicinity are also obligated to negotiate and acquire rights of way and easements required for Line E. As such, the parties do not expect the City to incur any Easement Costs. Any delay in acquiring Line E easements or rights of way shall not delay issuance of the Grading Permit, precise grading plans, improvement plans, building permits, certificates of occupancy or other permits and approvals for the Project, except as noted in Paragraph 3 herein. 8. Letters of Credit. Continental shall provide City with an irrevocable letter of credit, the form of which shall be subject to the reasonable approval of the City Attorney, for the Easement Costs, as reasonably determined by an appraiser mutually acceptable to City and Continental. 9. Engineering Resources Contract. Promptly after entering in this MOU, Continental shall enter into an agreement with Engineering Resources providing for the design of Line G. 10. Environmental Compliance. The parties acknowledge that further compliance with the California Environmental Quality Act is or may be required for the western segment of Line G-3, as it enters into the EMWD Reservoir ("Environmental Compliance"). If necessary, the parties agree to use their best efforts to cause such Environmental Compliance to be complete on or before March 1, 2006, provided Continental timely provides applicable environmental reports and studies to the City. The City agrees to act as lead agency for purposes of Environmental Compliance if feasible and to use its best efforts to obtain RCFC cooperation necessary to complete timely Environmental Compliance. Continental shall provide the City with all applicable environmental reports and studies as soon as they become available. 11. Cooperation; Assignment. The parties acknowledge that this Agreement will require their respective ongoing mutual cooperation and good faith to administer and the parties shall cooperate in good faith to timely implement this Agreement. This Agreement is not assignable, in whole or in part, by the parties, without the prior written consent of the other party. Any assignment inconsistent herewith shall be void and shall constitute a material default under this Agreement. Continental/Coventry Acres MOU 20244-184/2120734.4 RVPUBUSB\704275.I I 12. Attorney's Fees and Costs. In the event either party commences litigation for specific performance or damages for the breach of this Agreement, the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney fees and court costs incurred. 13. Entire Agreement; Amendment. This Agreement sets forth the entire agreement between the parties and supercedes all prior discussions, negotiations, understandings or agreements between the parties with respect to the subject matter of this Agreement, all of which are merged herein. No amendment, alteration or variation of this Agreement shall be valid or binding unless in writing signed by both parties. 14. Severability. In the event any term, covenant, condition, provision, or agreement contained herein is held to be invalid, void, or otherwise unenforceable, by any court of competent jurisdiction, such holding shall in no way affect the validity or enforceability of any other term, covenant, condition, provision, or agreement contained herein. 15. Governing Law. This Agreement shall be interpreted, construed, and enforced in accordance with the laws of the State of California. 16. Recitals. The recitals set forth above are incorporated herein by this reference. [Remainder of page left blank intentionally] Continental/Coventry Acres MOU 20244-184/2120734.4 RVPUBUSB\704275. 17. Authority. Each of the parties hereto has the full right and authority to enter into this Agreement, and the officer, agent or other representative executing this Agreement on behalf of it has the full right and authority to fully commit and bind it to this Agreement This Agreement is executed by the parties or their duly authorized representatives. Date: CITY OF SAN JACINTO Chris Carlson Buydos Mayor Date: Continental Residential, Inc., a California corporation By: Name: Title: APPROVED AS TO FORM: BEST BEST & KRIEGER LLP By: City Attorney Continental/Coventry Acres MOU 20244-184/2120734.4 RVPUBUSB\704275.1 EXHIBIT"A" Tract No. 31097 THAT CERTAIN REAL PROPERTY LOCATED IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE FULLY DESCRIBED AS FOLLOWS: A portion of Farm Lots 138, 139, 141, and 142 if 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, California. Continental/Coventry Acres MOU 20244-184/2120734.4 RVPUBVSB\704275.1 EXHIBIT "B" Depiction of Regional Drainage Facilities known as Line G , 404111* 409 , 41" 1 • 41611' 1 1 .g •*.• Continental/Coventry Acres MOU 20244-184/2120734 4 RVPUB\JSB\704275 1 AGENDA ITEM December 1, 2005 TO: The Honorable Mayor and City Council FROM: City Manager and City Attorney SUBJECT: Implementation of San Jacinto River, Stage Two (2) RECOMMENDATION: Consider and, by motion adopted by majority vote, adopt Resolution No. , entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, URGING THE COUNTY OF RIVERSIDE AND RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO IMPLEMENT THE SAN JACINTO RIVER, STAGE TWO (2) PROJECT BACKGROUND: City staff and its consultants are currently working closely with the Riverside County Flood Control District to implement the San Jacinto River, Stage Four (4) levee project. This has been designated as one of, if not the, top priorities in the City. However, one of the "missing links" in a comprehensive and regional levee system is the implementation of Stage Two (2) of the levee project, which is outside of the City's territorial jurisdiction. Although Stage Two (2) is outside of the City's territorial jurisdiction, its implementation affects the City's ability to effectively implement Stage Four (4) because of perceived impacts to property owners outside of the City of completing Stage Four(4) without Stage (2). Therefore, at a recent City Council meeting, staff was asked to bring back a resolution encouraging the County and the Riverside County Flood Control District to implement Stage Two (2). Accompanying this staff report is such a resolution. JUSTIFICATION: The adoption of this resolution is intended to establish City policy that Stage Two (2) be implemented by the County and the Riverside County Flood Control District. This implementation will provide for a comprehensive and regional levee system to safeguard the lives and properties of residents of the County as well as the City. Approvals City Manager: /3Diti Page 1 of 2 Finance Director: •&, RVPUB\JSB\704211.1 BUDGETARY IMPACT: The approval of this resolution will have no direct budgetary impact. ATTACHMENT: • Resolution No. Page 2 of 2 RVPUB\JSB\704211.1 STATE OF CALIFORNIA ) RESOLUTION NO. COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, URGING THE COUNTY OF RIVERSIDE AND RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO IMPLEMENT THE SAN JACINTO RIVER, STAGE TWO (2) PROJECT WHEREAS, the City of San Jacinto and its residents experienced widespread devastation to personal and real property as the result of the extensive flooding that occurred within the San Jacinto Valley during the 1980 winter season, which was unusually rainy; and WHEREAS, the City Council of the City of San Jacinto has set, as its highest priorities, the funding and implementation of the San Jacinto River, Stage Four (4) project in order to protect the health, safety, welfare and property of those within western portion of the City, which would potentially be affected by excessive rain; and WHEREAS, the recent experience in New Orleans and other Southern communities as the result of Hurricane Katrina has reinforced the need to provide safe and reliable levee systems in order to protect the health, safety, welfare and property of residents; and WHEREAS, the City Council wishes to encourage the implementation by the County of Riverside and the Riverside County Flood Control and Water Conservation District of the San Jacinto River, Stage Two (2) project, as the "missing link" in a comprehensive and regional levee system. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto: SECTION 1. Incorporation of Recitals. The City Council hereby finds and determines that the Recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein. SECTION 2. Implementation of San Jacinto River, Stage Four. The City Council hereby urges the County of Riverside and the Riverside County Flood Control and Water Conservation District to implement, with all deliberate speed, the San Jacinto River, Stage Two (2) project, in order to protect the Page 1 of 2 RVPUBUSB\704207.1 health, safety, welfare and property of those within potentially affected areas of that project. City staff is encouraged to work with the County of Riverside and the Riverside County Flood Control and Water Conservation District by providing information and other assistance as may be appropriated by the City Council. SECTION 3. Effective Date. This Resolution shall become effective upon its adoption. APPROVED and ADOPTED, this 1st day of December, 2005, by the following vote: Vote: Ayes: Nays: Abstain: City of San Jacinto by Chris Carlson-Buydos, Mayor ATTEST: Dorothy Chouinard, City Clerk Page 2 of 2 RVPUBUSB\704207.I AGENDA ITEM 6.1 December 1, 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 NOV 072005 CITY MANAGER'S E RIVERSIDE COUNTY TRA NSPOR TA TION COMMISSION www.rctc.org AGENDA* *Actions may be taken on any item listed on the agenda 9:00 a.m. Wednesday, November 9, 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 - October 12, 2005 6. 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.) 1111 Riverside County Transportation Commission Agenda November 9, 2005 Page 2 7. 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. 7A. QUARTERLY FINANCIAL STATEMENTS Overview This item is for the Commission to receive and file the Quarterly Financial Statements for the period ended September 30, 2005. 7B. SINGLE SIGNATURE AUTHORITY REPORT O vervie w This item is for the Commission to receive and file the Single Signature Authority Report for the first quarter ended September 30, 2005. 7C. INTERFUND LOAN ACTIVITY REPORT Overview This item is for the Commission to receive and file the Interfund Loan Activity Report for the month ended September 30, 2005. 7D. 2005 TRANSPORTATION ENHANCEMENT PROGRAM FUNDING RECOMMENDATIONS Overview This item is for the Commission to: 1) Allocate Transportation Enhancement (TE) funds as presented in the Technical Advisory Committee funding recommendations listing; and, 2) Submit proposed TE funding recommendations to Caltrans Headquarters. Riverside County Transportation Commission Agenda November 9, 2005 Page 3 7E. DEVELOPMENT OF PROJECT MANAGEMENT DATABASE Overview This item is for the Commission to: 1) Approve the development and implementation of a Project Management Database to be funded by Local Transportation Funds; and, 2) Issue a Request for Proposal for the development and implementation of a Project Management Database. 7F. TUMF REGIONAL ARTERIAL PRIORITY PROJECT RECOMMENDATION FOR THE CITY OF RIVERSIDE Overview This item is for the Commission to: 1) Approve the City of Riverside's Van Buren Boulevard widening project from Andrew to Garfield Streets 'as eligible for TUMF Regional funding pursuant to the Commission's call for projects; and, 2) Program $905,000 in TUMF Regional funds for construction of the project in FY 2006 plus up to 10% in construction contingency costs ($90,500) pursuant to the TUMF Nexus Study. 7G. EXPANSION OF COMMUTESMART.INFO TRAFFIC MAP Overview This item is for the Commission to receive and file this report on the real time traffic information map expansion project as hosted on the regional rideshare website, www.CommuteSmart.info. Riverside County Transportation Commission Agenda November 9, 2005 Page 4 7H. FISCAL YEAR 2005-2006 SHORT RANGE TRANSIT PLAN AMENDMENT: RIVERSIDE TRANSIT AGENCY - TRANSIT CENTERS Overview This item is for the Commission to: 1) Amend the FY 2005-06 Short Range Transit Plan for the Riverside Transit Agency to include the Program of Projects for the continued development of transit centers located in Riverside County; 2) Direct staff to program funding in the amount of $1,963,097 in Transportation Uniform Mitigation Fees administered through Western Riverside Council of Governments and $96,140 in Federal Transit Administration's Section 5309 funds; and, 3) Include the projects in the Regional Transportation Improvement Program. 71. FISCAL YEAR 2006-2010 MEASURE "A" FIVE YEAR CAPITAL IMPROVEMENT PLAN FOR LOCAL STREETS AND ROADS FOR THE CITIES OF BEAUMONT AND INDIO Overview This item is for the Commission to approve the FY 2006-10 Measure "A" Five Year Capital Improvement Plan for Local Streets and Roads for the Cities of Beaumont and Indio. 7J. AMENDMENT TO MEASURE "A" CAPITAL IMPROVEMENT PLAN FOR LOCAL STREETS AND ROADS FOR THE CITIES OF DESERT HOT SPRINGS AND PALM SPRINGS Overview This item is for the Commission to approve the amendment to the: 1) FY 2005 Measure "A" Capital Improvement Plan for Local Streets and Roads for the City of Desert Hot Springs; and, 2) FY 2006 Measure "A" Capital Improvement Plan for Local Streets and Roads for the City of Palm Springs. Riverside County Transportation Commission Agenda November 9, 2005 Page 5 7K. FUND TRANSFER AGREEMENT NO. 06-45-550 FOR OPERATION OF A FREEWAY SERVICE PATROL PROGRAM IN RIVERSIDE COUNTY Overview This item is for the Commission to: 1) Approve the Fund Transfer Agreement No. 06-45-550 with the State of California Department of Transportation for the Riverside County Freeway Service Patrol program in the amount of S 1 ,175,933 in State funding for FY 2005-06; and, 2) Authorize the Chairman, pursuant to Legal Counsel review, to execute the Agreement on behalf of the Commission. 7L. REQUEST FROM THE CITY OF BANNING TO REPROGRAM FISCAL YEAR 2004-2005 SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM FUNDS Overview This item is for the Commission to approve the request from the City of Banning to reprogram FY 2004-05 SB 821 funds. 7M. COMMUTER RAIL PROGRAM UPDATE Overview This item is for the Commission to receive and file the Commuter Rail Program Update as an information item. 7N. STATE AND FEDERAL LEGISLATIVE UPDATE Overview This item is for the Commission to: 1) Approve the following change in state bill position: SB 1024 (Perata D-Oakland) — Change from OPPOSE to SUPPORT WITH AMENDMENTS; and, 2) Receive and file the State and Federal Legislative Update as an information item. Riverside County Transportation Commission Agenda November 9, 2005 Page 6 8. PRESENTATION — INLAND EMPIRE TRANSPORTATION COALITION Overview This item is for the Commission to receive a re n p se tation on the Inland Empire Transportation Coalition from Bob Wolf. 9. 2009 MEASURE "A" WESTERN COUNTY HIGHWAY PROGRAM TEN-YEAR STRATEGIC PLAN DEVELOPMENT AND NEGOTIATION OF BECHTEL INFRASTRUCTURE CONTRACT AMENDMENT Overview This item is for the Commission to authorize staff to negotiate a contract amendment to Agreement No. 05-31-561 with Bechtel Infrastructure to provide a scope, schedule and cost to support the Commission's effort to develop a 2009 Measure "A" Western County Highway Ten-Year Strategic Plan including: a) An assessment on the status and issues of completing delivery of the Western County Highway Program for the 1989 Measure "A"; and, b) An objective based assessment of the Western County 2009 Measure "A" Highway Program (including the Mid County Parkway) as generally described in the agenda item. 10. STRATEGIC PARTNERSHIP ADVISOR REQUEST FOR QUALIFICATIONS AND REQUEST FOR PROPOSALS O vervie w This item is for the Commission to approve the release of a request for qualifications (RFQ) and request for proposals (REP), if necessary, for Strategic Partnership Advisor services. Riverside County Transportation Commission Agenda November 9, 2005 Page 7 11. MID COUNTY PARKWAY PROJECT — APPROVAL OF AGREEMENT NO. 06-72-555 WITH JACOBS CIVIL INC. TO REVISE THE SCOPE OF WORK FOR THE DEVELOPMENT OF A PROJECT REPORT AND ENVIRONMENTAL DOCUMENT Overview This item is for the Commission to: 1) Approve Agreement No. 06-72-555, Amendment No. 2 to Agreement No. 04-31-018 to Jacobs Civil Inc. for incorporation of the three new alternatives identified during the Value Analysis Study process for the Mid County Parkway (MCP) project for an amount of $4,845,385; 2) Authorize the use of $4,845,385 of commercial paper until such time as additional TUMF funding is approved for the MCP project, at which time the TUMF funding will replace commercial paper to the extent that it is available; and, 3) Authorize the Chairman, pursuant to Legal Counsel review, to execute the agreement on behalf of the Commission. 12. RIVERSIDE COUNTY COMMUTER RAIL FEASIBILITY STUDY Overview This item is for the Commission to: 1) Receive and file the draft Commuter Rail Feasibility Final Report; and, 2) Advance Scenario 3 (Perris Valley Line/Commuter/San Jacinto) and Scenario 7 (I-215/Commuter/Temecula) as optimal commuter rail routes warranting future study for inclusion in the next RTP update. 13. PRESENTATION — TUMF UPDATE Overview This item is for the Commission to receive a TUMF Update from Rick Bishop, WRCOG Executive Director. 14. ITEMS PULLED FROM CONSENT CALENDAR AGENDA Riverside County Transportation Commission Agenda November 9, 2005 Page 8 15. 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/Conferences • 91 Toll Road Advisory Committee • Major Investment Study (MIS) Committee • Mobile Source Review Committee (MSRC) • Regional Transportation Agencies Coalition (RTAC) • SCAG Regional Council • SCAG Transportation and Communications Committee • Southern California Regional Rail Authority (SCRRA) 16. CLOSED SESSION ITEM A. CONFERENCE WITH LEGAL COUNSEL: EXISTING LITIGATION Pursuant to Subdivision (a) of Government Code Section 54956.9 Case Nos. RIC 386647 and C-05-01525 JSW B. CONFERENCE WITH LEGAL COUNSEL: ANTICIPATED LITIGATION Pursuant to Subdivision (b) of Government Code Section 54956.9 C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code Section 54956.8 Item APN _ Property Owner(s) 571-170-002 1 571-270-006 Cordova Property 571-320-008 580-080-012 580-090-001 580-090-005 580-090-006 581-100-066 2 581-130-001 Jalem Productions 581-130-002 581-140-001 581-140-003 581-140-005 581-140-008 Riverside County Transportation Commission Agenda November 9, 2005 Page 9 17. ADJOURNMENT The next Commission meeting is scheduled to be held at 9:00 a.m., Wednesday, December 14, 2005, Board Room, County of Riverside Administrative Center, 4080 Lemon Street, Riverside. AGENDA ITEM 5 MINUTES RIVERSIDE COUNTY TRANSPORTA TION COMMISSION MINUTES Wednesday, October 12, 2005 1. CALL TO ORDER The Riverside County Transportation Commission was called to order by Chair Robin Lowe at 9:10 a.m., in the Board Room at the County of Riverside Administrative Center, 4080 Lemon Street, Riverside, California, 92501. 2. PLEDGE OF ALLEGIANCE At this time, Commissioner Chris Buydos led the Commission in a flag salute. 3. ROLL CALL Commissioners/Alternates Present Commissioners Absent Marion Ashley Frank West Roger Berg Daryl Busch Roy Wilson Robert Crain Bob Buster Gregory S. Pettis Chris Buydos Kelly Seyarto Mary Craton Jeff Stone Juan M. DeLara Michael H. Wilson Frank Hall Barbara Hanna Terry Henderson Hank Hohenstein Robin Lowe Dick Kelly Bob Magee Ron Meepos Jeff Miller Ameal Moore Shenna Moqeet Ronald Oden Mike Perovich Ron Roberts Mary Roche John F. Tavaglione Riverside County Transportation Commission Minutes October 12, 2005 Page 2 4. PUBLIC COMMENTS There were no requests to from the public to speak. 5. APPROVAL OF MINUTES - September 14, 2005 M/S/C (Ashley/Henderson) to approve the September 14, 2005 minutes as submitted. 6. ADDITIONS/REVISIONS Eric Haley, Executive Director, noted additions/revisions to the following agenda items: • Agenda Item 7A, "Request for Proposal to Update Measure "A" Revenue Forecast". • Agenda Item 9, "Approval of Agreement No. 06-33-548, Amendment No. 2 to Agreement No. 03-31-014, with Chong Partners Architecture to Prepare Construction Plans for a Parking Structure for the North Main Corona Metrolink Station". • Agenda Item 10, "Approval of Alameda Corridor East (ACE) Trade Corridor Rail Crossing Grade Separation Priority List". 7. CONSENT CALENDAR Eric Haley commented on Agenda Item 7A, "Request for Proposal to Update Measure "A" Revenue Forecast", noting current revenues exceed adjusted forecasts for 2008,'which reinforces the need to update revenue forecasts. Commission Mary Craton requested clarification of the trip cost for Agenda Item 7E, "Western Riverside Measure "A" Specialized Transit Program: Inland AIDS Project". Tanya Love, Program Manager, responded the FY 2005.06 cost per trip was $115, noting that this service is highly specialized due to the needs of the riders. M/S/C (Henderson/Oden) to approve the following Consent Calendar items: Riverside County Transportation Commission Minutes October 12, 2005 Page 3 7A. REQUEST FOR PROPOSAL TO UPDATE MEASURE "A" REVENUE FORECAST Approve the release of a request for proposals (RFP) to update the Measure "A" revenue forecast. 7B. APPROVAL OF AGREEMENT NO. 06-31-518 FOR ADVANCE TO THE CITY OF INDIO 1 ) Approve Agreement No. 06-31-518, "Agreement for Advancement of 2009 Measure "A" Local Streets and Roads Funds," to advance up to $4,000,000 of new Measure "A" funds to the City of Indio (Indio) utilizing proceeds from the commercial paper program; and, 2) Authorize the Chairman, pursuant to Legal Counsel review, to execute the agreement on behalf of the Commission. 7C. INTERFUND LOAN ACTIVITY REPORT Receive and file the Interfund Loan Activity Report for the month ended August 31 , 2005. 7D. FISCAL YEAR 2005-2006 SHORT RANGE TRANSIT PLAN AMENDMENT AND ALLOCATION OF LOCAL TRANSPORTATION FUNDS TO PALO VERDE VALLEY TRANSIT AGENCY Amend Palo Verde Valley Transit Agency's Short Range Transit Plan (SRTP) and allocate $34,142 in Local Transportation Funds (LTF) for payment on a trolley purchase. 7E. WESTERN RIVERSIDE MEASURE "A" SPECIALIZED TRANSIT PROGRAM: INLAND AIDS PROJECT 1) Allocate $1 1,000 in Western Riverside Measure "A" Specialized Transit funding to Inland AIDS Project; and, 2) Approve Agreement No. 06-26-545, Amendment No. 1 to Agreement No. 04-26-511, with Inland AIDS Project for provision of specialized transit services in Western Riverside County. Riverside County Transportation Commission Minutes October 12, 2005 Page 4 7F. FISCAL YEAR 2006-2010 MEASURE "A" FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR LOCAL STREETS AND ROADS FOR THE CITY OF CATHEDRAL CITY Approve the FY 2006-2010 Measure "A" Five-Year Capital Improvement Plan for Local Streets and Roads for the City of Cathedral City. 7G. SURPLUS MADISON STATION GROUNDS 1) Declare the property identified as the former Madison Station Grounds (4.15 acres) located on Railroad Avenue between Madison Street and Jefferson Avenue in Riverside, APN Nos. 230-233-013, 230-245-013, 230-245-015, 230-253-010 as surplus; and, 2) Authorize staff to initiate the sixty (60) day public agency notification period and, if no interest is expressed, authorize the Executive Director to offer the parcel for sale. 7H. COMMUTER RAIL PROGRAM UPDATE Receive and file the Commuter Rail Program Update as an information item. 8. REPORT ON PLANNING AND PROGRAMMING ISSUES Anne Mayer, Division Head, Programming and Administration, provided an overview of the development of a project delivery plan to address planning and programming issues for the 2009 Measure "A" program and a summary of key decisions that will impact plan development and implementation. 9. APPROVAL OF AGREEMENT NO. 06-33-548, AMENDMENT NO. 2 TO AGREEMENT NO. 03-31-014, WITH CHONG PARTNERS ARCHITECTURE TO PREPARE CONSTRUCTION PLANS FOR A PARKING STRUCTURE FOR THE NORTH MAIN CORONA METROLINK STATION Stephanie Wiggins, Rail Department Manager, provided background information that led to the planning effort of a parking structure at the North Main Corona Metrolink Station. She reviewed how the facility would be utilized and the number parking spaces that would be added. In referencing the revision to the agenda item, she noted that staff is only requesting design phase approval at this point. The report provides an estimate of the Riverside County Transportation Commission Minutes October 12, 2005 Page 5 construction costs. Staff is working towards ensuring that the State will be able to allocate the money for construction, prior to requesting Commission approval of the total design and construction project budget. M/S/C (Tavaglione/Henderson) to: 1) Approve Agreement No. 06-33-548, Amendment No. 2 to Agreement No. 03-31-014 to prepare the plans, specifications and cost estimate (PS&E) for the amount of $900,665 and a total not to exceed amount of $1,294,853; and, 2) Authorize the Chairman, pursuant to Legal Counsel review, to execute the agreement on behalf of the Commission. 10. APPROVAL OF ALAMEDA CORRIDOR EAST (ACE) TRADE CORRIDOR RAIL CROSSING GRADE SEPARATION PRIORITY LIST Stephanie Wiggins briefed the Commission on the purpose and process for updating the rail crossing grade separation priority list. She reviewed current and forecasted gate down times including cause and impact. She then addressed the concern expressed at the Plans and Programs Committee regarding the change in priority for the Avenue 48/Dillion Road crossing. Commissioner John Tavaglione asked if the impact of traffic diverting off freeways onto parallel routes was factored into the evaluation criteria and if the gate down time included train switching movements onto spurs. J.D. Douglas, Kimley-Horn and Associates, responded that the forecasts used for 2030 traffic are based on congested speeds on freeways that divert onto arterials. With respect to gate down time, it was not possible to obtain enough field data to include any switching movements. Commissioner Tavaglione spoke on the importance on having an accurate data and how it impacts other data in prioritizing the grade separation priority list, and proposed that the Commission take the necessary steps to obtain accurate data. Commissioner Barbara Hanna commented that Banning city staff is looking at other funding mechanisms for the Sunset Avenue grade crossing and the possibility of replacing it with the Hargrave grade crossing. It was the determination of the Commission that Riverside County projects remain on the priority list. Riverside County Transportation Commission Minutes October 12, 2005 Page 6 Eric Haley added that based on a precedent by the City of Riverside, it is within bounds for a city, with sufficient justification, to change their project priorities. Also, if there is intent to use the congressional earmark, it would require language in the federal bill to adjust those dollars. Commissioner Bob Buster noted increasing dependence on local funding for grade separation projects and suggested seeking other sources of funding such as a bond issue or increasing the percentage of sales tax that he believes would be supported by the voters based on projects that would be accomplished. Grade separations can no longer be treated as an elective program. In response to Commissioner Shenna Moqeet's question regarding the frequency of the updating the priority list, Stephanie Wiggins responded that an update will be conducted every three to four years. Eric Haley, in response to some of the comments and questions raised during the discussion, noted that data development during the 2001-2002 timeframe produced a response that support for grade separations was locally and geographically focused with narrow interest levels. However, he believes this is rapidly changing. Also, the federal bill should produce between $31 and $39 million for grade separation projects that the Commission will need to determine the allocations. Lastly, he concurred that the Commission needs to identify and seek other sources of local funds. . In response to Commissioner Tavaglione's question regarding information collected from the railroads, Stephanie Wiggins responded that the railroads provided the average daily number of trains, which was confirmed with Metrolink. She also noted that staff is requesting approval of the list based upon group tiers as they reflect the priority and the overall project rankings are not anticipated to change. Commissioner Tavaglior,e requested that in future data collection, physical counts are taken for areas known for frequent offloading as accurate data is not being received from the railroads. Accurate data is required when setting priorities on grade crossings. Commissioner Roy Wilson concurred with Commission Buster's comments to address funding sources. This issue needs to be elevated to a high priority for an ad hoc committee. Riverside County Transportation Commission Minutes October 12, 2005 Page 7 Chair Lowe agreed with the formation of an ad hoc committee to include appropriate stakeholders such as WRCOG, CVAG, and SanBAG. She noted there may need to be a refocusing of priorities. She encouraged the Commission to convey this information to their respective councils as well as the development community and advocate aggressively on this issue. The Commission concurred with the recommendation to form an ad hoc committee. Eric Haley indicated that staff will look at the collection of physical counts of switching movements due to the reluctance of the railroads to provide any operational information. Also, staff will bring the topic of frequency of review to the ad hoc committee as bi-annual updates would have statically valid information. M/S/C (Busch/Ashley) to: 1) Review the Average Daily Traffic counts for the Avenue 48/ Dillon Road Crossing; and, 2) Approve the Alameda Corridor East (ACE) Trade Corridor Rail Crossing Grade Separation Priority List based on Group Tiers. 11 . ITEMS PULLED FROM CONSENT CALENDAR AGENDA There were no items pulled from the Consent Calendar. 12. COMMISSIONERS / EXECUTIVE DIRECTOR'S REPORT A. Commissioner Jeff Miller notified the Commission of a tour set up by SCAG and WRCOG of the L.A. Harbor and Alameda Corridor on October 27`h related to goods movement. He also recommended as a topic for the ad hoc committee to look at forming an advocacy group comprised of public agencies, fire and police associations, chambers of commerce, and business community. B. Eric Haley announced: • A $7 million allocation from the California Transportation Commission (CTC) for the SR 60 HOV project. • A $17 million reallocation of Traffic Congestion Relief Program (TCRP) funds for the 60/91/215 interchange project. Riverside County Transportation Commission Minutes October 12, 2005 Page 8 • The appointment of Mike Perovich as Caltrans Director of District 8 and welcomed him to the Commission. • The retirement of Marilyn Williams, Director of Regional Programs and Public Affairs, highlighting her contributions to the agency and the region. 13. ADJOURNMENT There being no further business for consideration by the Riverside County Transportation Commission, the meeting adjourned at 10:22 a.m. The next Commission meeting is scheduled to be held at 9:00 a.m., on Wednesday, November 9, 2005, at the County of Riverside Administrative Center, 4080 Lemon Street, Board Room, Riverside, California, 92501 . Respectfully submitted, Naty Kopenhaver Clerk of the Commission Mgt Riverside Transit Agency Riverside Transit Agency foo° Board of Directors Meeting Meeting No. 2005-10A November 17, 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 - TO COACH OPERATOR, RON DICKEY, FOR WINNING REGIONAL BUS ROADEO AND FOR HIS PARTICIPATION IN INTERNATIONAL BUS ROADEO MAKE PRESENTATION 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 NOVEMBER 17, 2005 EM RECOMMENDATION 6. APPROVAL OF MINUTES — OCTOBER 27, 2005, BOARD MEETING (P. 5) APPROVE 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 — October 2005 (P. 12) RECEIVE AND FILE B. Ridership Report — October 2005 (P. 24) RECEIVE AND FILE C. Personnel Report — October 2005 (P. 29) RECEIVE AND FILE D. Transportation Center Report — October 2005 (P. 34) RECEIVE AND FILE E. On-Time Performance Report — October 2005 (P. 39) RECEIVE AND FILE F. Board Administrative Committee Meeting — 9/14/05 Draft Minutes (P. 45) RECEIVE AND FILE G. Board Budget and Finance Committee Meeting — 10/12/05 Minutes (P. 47) RECEIVE AND FILE H. Board Operations Committee Meeting — 9/7/05 Minutes (P. 50) RECEIVE AND FILE I. Agency Credit Card Statement for October (P. 52) RECEIVE AND FILE J. Cash Flow Projections (P. 54) RECEIVE AND FILE Board Budget and Finance Committee Reviewed and Recommended (11/9/05 Meeting) K. Authorization for Travel to Attend the American Public Transportation Association's (APTA) TranslTech Information Technology Conference (P. 55) APPROVE Board Budget and Finance Committee Reviewed and Recommended (11/9/05 Meeting) RTA BOARD OF DIRECTORS MEETING PAGE 3 NOVEMBER 17, 2005 =M RECOMMENDATION L. Grant Filing Resolution for Fiscal Year 2006-07 California Department of Transportation (Caltrans) Transportation Planning Grant Application (P. 57) APPROVE Board Budget and Finance and Board Administrative Committees Reviewed. Board Budget and Finance Committee Recommended(11/9/05 Meeting) M. Holiday Events' Schedule (P. 81) APPROVE Board Administrative and Board Operations Committees Reviewed. Board Operations Committee Recommended (11/9/05 Meeting) N. Free Bus Rides on New Year's Eve (P. 83) APPROVE Board Budget and Finance, Board Administrative, and Board Operations Committees Reviewed. Board Budget and Finance and Board Operations Committees Recommended(11/9/05 Meeting) O. Authorization to Award a Contract to Bridgestone/Firestone for Tire Leasing Services (P. 85) APPROVE Board Budget and Finance Committee Reviewed and Recommended(11/9/05 Meeting) 8. FISCAL YEAR 2004/2005 FINANCIAL AUDIT RESULTS (P. 87) RECEIVE AND FILE Board Budget and Finance Committee Reviewed (11/9/05 Meeting) 9. FISCAL YEAR 2006 MIDYEAR BUDGET UPDATE/REQUEST FOR SHORT RANGE TRANSIT PLAN (SRTP) AND BUDGET AMENDMENT (P. 133) APPROVE Board Budget and Finance Committee Reviewed and Recommended (11/9/05 Meeting) 10. REVIEW SETTLEMENT FUNDS ALLOCATION REVIEW 11. BOARD MEMBER COMMENTS AND REMARKS ,2. ANNOUNCEMENTS RTA BOARD OF DIRECTORS MEETING PAGE 4 NOVEMBER 17, 2005 13. NEXT MEETING Regular Meeting of the RTA Board of Directors Thursday, December 15, 2005 2:00 p.m. RTA Conference Room 1825 Third Street Riverside, CA 92507-3484 14. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957 TO REVIEW THE PERFORMANCE OF THE CHIEF EXECUTIVE OFFICER 15. ADJOURNMENT , Riverside Transit Agency, Riverside, CA Page 1 of 3 Horne I&te trap 'Wait RIDING PROGRAMS FARES& MARKETING AGO Rf""`ido Transit Agrowty THE BUS &EVENTS PASSES &MEDIA RTA Site Search Quick Links <<Pre_v_igp.a Page. Home> >Boar Route Schedules EmQLQymmenn Rules And Policies Board Agenda 12005 Meetly$ Meeting No.2005-10A i November 17,2005 12:00 p.m.11825 Third Street i Riverside, Transportation NOW 92507 Trip Planner PLEASE NOTE: Passes....$._Tickets Online Transit Links Any person with a disability who requires a modification or accommodation in order to partic this meeting should contact the RTA Clerk of the Board,telephone number(951)565-5044. than two business days prior to the meeting to enable RTA to make reasonable arrangemer Contact information assure accessibility to this meeting. ►Email Us The Board Chairman kindly requests that cell phones be turned off during the meeting. ►Comments Form NOTE:These documents are in PDF format.You must have a recent version of the Acrobs Customer Information Center: software installed on your computer.cgt_the._Acrobat Readgr..egltware. 1-800-800-7821 or (951)565-5002 BOARD AGENDA MEETING-11/17/05 Meeting 1825 Third Street P.O. Box 59968 Riverside,CA 92517-1968 AGENDA COVER.'Word File (951)565-5000 ITEM; RECOMMENDATION 1 CALL TO ORDER MOS This Web site complies with 2.SELF-INTRODUCTIONS Section 508 requirements. 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 authc law.Comments shall be limited to matters not listed on the agenda.Members of the public n comment on any matter listed on the agenda at the time that the Board considers that matte person's presentation is limited to a maximum of three(3)minutes 5.PRESENTATION-TO COACH OPERATOR,RON DICKEY,FOR WINNING REGIONAL ROADEO AND FOR HIS PARTICIPATION IN INTERNATIONAL BUS ROADEO MAKE http://www.riversidetransit.com/BoardAgendas/ba 05-1 0A.html 11/22/2005 Riverside Transit Agency, Riverside, CA Page 2 of 3 PRESENTATION 6.APPROVAL OF MINUTES-OCTOBER 27,2005.BOARD MEETING(P.5)APPROVE 7.CONSENT CALENDAR All items on the Consent Calendar will be approved by one motic there will be no discussion on individual items unless a Board member or member of the pul requests a specific item be pulled from the calendar for separate discussion A.RTA Financial Profile--October 2005(P.12)RECEIVE AND FILE B.Ridership Report-October 2005(P.24)RECEIVE AND FILE C.Personnel Report-October 2005(P.29)RECEIVE AND FILE D.Transportation Ce_n er Report -October 2005(P.34)RECEIVE AND FILE E.On-Time Performance Report-October 2005(P.39)RECEIVE AND FILE F.Board Administrative Committee Meeting- 9/14/105 Draft Minutes(P.45) RECEIVE AND FILE G. Board Budge and Finance Committee Meeting-10/12/05 Minutes(P.47) RECEIVE AND FILE H.Board....Op.eraiona.cQmmittee._Meeting-9/7/05 Minutes(P.50)RECEIVE AND FILE I.Agency Credit Card Statement for October(P.52)RECEIVE AND FILE J.Cash Flow Projections(P.54)RECEIVE AND FILE Board Budget and Finance Committee Reviewed and Recommended(11/9/05 Meeting) K.Authorization for Travel to Attend the American Public Transportation Association's(APTA)TranslTech Information Technology Conference(P.55) APPROVE Board Budget and Finance Committee Reviewed and Recommended(11/9/05 Meeting) L.Gr�rLEiling.Resolution_for.Fiscal Year 2006-Q7,California Department of Transportation(Caltrans)Transportation Planning_Grant-A pl.ication(P.57) APPROVE Board Budget and Finance and Board Administrative Committees Reviewed. Board Budget and Finance Committee Recommended(11/9/05 Meeting) M.Holiday Events'Schedule(P.81)APPROVE Board Administrative and Board Operations Committees Reviewed.Board Operations Committee Recommended(11/9/05 Meeting) N.Free Bus Rides on New Years Eve(P.83)APPROVE Board Budget and Finance,Board Administrative,and Board Operations Committees Reviewed.Board Budget and Finance and Board Operations Committees Recommended(11/9/05 Meeting) http://www.riversidetransit.com/BoardAgendas/ba 05-1 0A.html 11/22/2005 Riverside Transit Agency, Riverside, CA Page 3 of 3 O.Authorization_to Award_a Contract to Bridgestone/Firestone for Tire Leasing. Services(P.85)APPROVE Board Budget and Finance Committee Reviewed and Recommended(11/9/05 Meeting) 8.FISCAL YEAR 2004/2005 FINANCIAL AUDIT RESULTS(P.87)RECEIVE AND FILE Board Budget and Finance Committee Reviewed(11/9/05 Meeting) 9. FISCAL YEAR 2006 MIDYEAR BUDGET UPDATE/REQUEST FOR SHORT RANGE TR. PLAN.,(SRTP)._AND_BUDGET_AMENDMENT.(P. 133)APPROVE Board Budget and Finance Committee Reviewed and Recommended(11/9.05 Meeting) 10.REVIEW SETTLEMENT FUNDS ALLOCATION REVIEW 11.BOARD MEMBER COMMENTS AND REMARKS 12.ANNOUNCEMENTS 13.NEXT MEETING Regular Meeting of the RTA Board of Directors Thursday.December 1 2.00 p.m.RTA Conference Room 1825 Third Street Riverside.CA 92507-3484 14.CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957 TO REVI PERFORMANCE OF THE CHIEF EXECUTIVE OFFICER 15.ADJOURNMENT Riding The Bus I Programs&Events I Fares&Passes I Marketing&Media.I About R Copyright©1998-2005 by the Riverside Transit Agency.All rights reserved. Site Designed and Maintained by Zhaopo Studios. http://www.riversidetransit.com/BoardAgendas/ba 05-10A.html 11/22/2005 WRCOG Western Riverside Council Of Governments Technical Advisory Committee AGENDA Thursday, November 17, 2005 9:30 a.m. County of Riverside Administrative Center 4th Floor, Conference Room C&D 1. CALL TO ORDER (Chair Beth Groves) 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS At this time members of the public can address the Technical Advisory 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. 5. CONSENT CALENDAR All items listed under the Consent Calendar are considered to be routine and may be enacted by one motion. Prior to the motion to consider any action by the Agency, any public comments on any of the Consent Items will be heard. There will be no separate action unless members of the Agency request specific items be removed from the Consent Calendar. A. Minutes from the September 15, 2005 Technical Advisory Committee meeting are available for consideration. P. 1 Requested Action: 1. Approve minutes. B. Solid Waste Program Activities Update Barbara Spoonhour P. 5 Requested Action: 1. Receive and file. C. Legislative Report Danielle Maxson P. 7 Requested Action: 1. Receive and file. D. Financial Report for October 2005 Scott Higginbotham P. 19 Requested Action: 1. Receive and file. E. County of Riverside Proposed Rick Bishop P. 23 Anti-graffiti Ordinance Requested Action: 1. Review Proposed County Ordinance 733.2 and provide input to WRCOG. F. Clean Cities Program Activities Update Barbara Spoonhour P. 33 Requested Action: 1. Receive and file. 6. REPORTS/DISCUSSION A. Report from League of California Cities Dave Willmon P. 35 Regional Representative Requested Action: 1. Receive report. B. SCAG Compass 2°/0 Strategy: Opportunities Joe Carreras P. 37 for Demonstration Projects Requested Action: 1. Receive report. C. TUMF Program Activities Update Ruthanne Taylor Berger P. 41 Requested Action: 1. Receive report. D. WRCOG / Caltrans Grant to Examine Danielle Maxson P. 45 Transit Oriented Development Requested Action: 1. Receive report. 7. ITEMS FOR FUTURE AGENDAS Members Members are invited to suggest additional items to be brought forward for discussion at future Technical Advisory Committee meetings. 8. GENERAL ANNOUNCEMENTS Members/Guests Members/Guests are invited to announce items/activities which may be of general interest to the Technical Advisory Committee. 9. NEXT MEETING: The TAC is DARK on December 15, 2005. The next Technical Advisory Committee meeting is scheduled for January 19, 2006, 9:30 a.m., County Administrative Center, 4th Floor, Conference Room C&D. 10. ADJOURNMENT San Jacinto Library News Page 1 of 1 Laura Cuthbert From: Terri P [terri_saj@riverside.lib.ca.us] Sent: Tuesday, November 22, 2005 4:06 PM To: Laura Cuthbert Subject: San Jacinto Library News San Jacinto Library is offering a Holiday Film Festival on Mondays at 4pm, beginning November 21 running through December 19. The films will be geared toward children ages 4-11 years and will include an hour of visual presentations, crafts or games, raffle prizes and snacks. Such favorite characters as Jiminy Cricket, Mr.Magoo, and Snoopy will be presented, in addition to the all-time feature gems of Rudolph the Red-Nose Reindeer, the Christmas Story and Grandma Got Run Over by a Reindeer. The Monday afternoon programs will run through Monday, December 19 and are offered as a free public service for all children in the community. San Jacinto Library also offers a weekly preschool story hour every Tuesday at 10 a.m. Santa's Coming to Town and stopping by the San Jacinto Library on December 10 at 10 a.m. He will bring with him the San Jacinto Fire Department and Sparky the Dog to talk about holiday fire safety. We will also have crafts and other fun for the whole family. Y Hope this is good news for the city council members. Terri Tern Pilate San Jacinto Library Branch Manager 500 Idyllwild Drive San Jacinto, CA 92583 (951) 654-8635 11/22/2005