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Agenda - Agenda Packets - Regular Meeting 7/1/2004
opra eT#P00 2Q& AGENDA ITEM 4.2 July 1, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Dorothy L. Chouinard, City Cler SUBJECT: Estudillo Mansion Committee Vacancy - Selection of Ad Hoc Committee to review Estudillo Mansion Committee Applicants RECOMMENDATION: By motion appoint an ad hoc committee: 1) to review the applications and interview applicants; and 2) make a recommendation back to the full Council on July 15, 2004 BACKGROUND: The Estudillo Mansion Committee was originally established on February 18, 1999 by Resolution No. 99-3 of the Redevelopment Agency. The Estudillo Mansion Committee serves as an advisory committee to the City Council. Thus, the City Council makes the appointments to the committee. City Council Resolution No. 2305 clarified the terms including: A) There are a total of nine members B) Four (4) members may reside outside of the city limits of San Jacinto C) Those members seated will remain until the new appointments are made On June 17, 2004 Council narrowed the committee from nine (9) members to (7), following three resignations. Three terms will expire on August 1, 2005, and three terms August 1, 2006 and one on August 2007. Currently, the August 2007 seat is to be filled by the current recruitment. The City Clerk ran display advertisements in the local newspapers to solicit interested individuals to apply. Notices were, also, posted at City Hall, the City Manager: (L J Finance Director: Page 1 of 2 Library and the School District Administration building. The applications are to be received by the City Clerk's office by close of business July 12, 2004. Copies of the received applications will be provided to Council for the July 15, 2004 agenda packet. The next regular meeting of the Estudillo Mansion Committee is scheduled for August 4, 2004. JUSTIFICATION: To remain in compliance with the Resolution 2305 appointments need to be made to fill the expiring terms. BUDGETARY IMPACT: None ATTACHMENTS: Current Estudillo Mansion Committee Member List with terms of office Resolution 2305 Resolution 99-3 Page 2 of 2 ESTUDILLO MANSION COMMITTEE MEMBER LIST Name Phone Term Betty Jo Dunham - Member 909-654-9191 2002-2006 P.O. Box 993 San Jacinto, CA 92581 Sam Gaines 909-288-1112 2003-2007 895 Torno Avenue.., :,. 909-487-0787 San Jacinto, CA 92583 Lucille R. Hedges 909-654-7778 2003-2007 971 Cypress Drive San Jacinto, Ca 92583 Del Kroker - Member 909-654-9270 2001-2005 2230-235 Lake Park Drive San Jacinto, CA 92583 Gwen Schlick - Member 909 654-4404 2001-2005 1238 Katrina Lane San Jacinto, CA 92583 Rebecca Schlosser - Member 909-654-4568 2002-2006 22440 San Jacinto Avenue San Jacinto, CA 92583 6/23/2004 RESOLUTION NO. 2305 A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA, ESTABLISHING AN ESTUDILLO MANSION COMMITTEE WHEREAS, on the 18th day of February, 1998, the Redevelopment Agency of the City of San Jacinto established an Estudillo Mansion Committee by the adoption of RDA 99-3, WHEREAS, in order to clarify the purpose, membership, and operating procedures for the Estudillo Mansion Committee and to establish that the Estudillo Mansion Committee is a Committee of the City of San Jacinto, rather than the Redevelopment Agency; WHEREAS, the Council wishes to ratify the make-up of the committee to include nine members, two of which may reside outside the City of San Jacinto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO AS FOLLOWS: Section 1. Estudillo Mansion Committee Established. The City Council hereby establishes an Estudillo Mansion Committee. Section 2. Purpose. The Committee is established for the purpose of advising on matters regarding the Estudillo Mansion. Section 3. Membership. The Estudillo Mansion Committee shall be comprised of nine members. Members shall be City residents, except that four members may reside outside the City. The Estudillo Mansion Committee shall be appointed by the City Council and be advisory to the Council. Members of the Estudillo Mansion Committee shall serve without compensation. Section 4. Appointment Term. To provide for staggered terms of office, three terms will expire on August 1, 2002, three will expire on August 1, 2003, and three terms will expire on August 1, 2005. All succeeding appointments to the Estudillo Mansion Committee shall be for a four-year term. A committee member whose term has expired shall continue to hold office until a successor has been appointed. Section 5. Vacancies and Removal of Members. Vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired term in the same manner as for an original appointment. Members may be -1- removed by the City Council for inefficiency or nonperformance of duty; misconduct; or malfeasance in office, or for having more than two unexcused absences, or four excused absences during a twelve-month period. Section 6. Meetings Conducted in Accordance with the Ralph M. Brown Act. Meetings of the Estudillo Mansion Committee shall be held in accordance with the Ralph M. Brown Act of the State of California to insure that all meetings are open to the public, that items to be discussed are included on an agenda which is posted a minimum of 72 hours in advance of a Committee meeting, and that there is opportunity for members of the public to address the Committee during meetings. Section 7. Organization. The Estudillo Mansion Committee shall elect a chair from its members. The Committee shall elect its own vice -chairperson and create and fill such other offices as it may determine it requires. The vice - chairperson shall preside in the absence of the chairperson. The Estudillo Mansion Committee shall hold meetings as required. A majority of the members of the Committee shall constitute a quorum. The Committee shall adopt rules for transaction of business and shall keep a written record of meetings, transactions, and findings which shall be a public record. Section 8. Subcommittees of the Committee. The Committee may organize into subcommittees in order to achieve its purpose. The chairpersons of these subcommittees shall be members of the Committee. Additional persons may be recruited to serve on the subcommittees. Section 9. Voting. A majority vote of a quorum of the Estudillo Mansion Committee shall be necessary to legally act on any matter before the Commission. Section 10. Conflict of Interest. Each member of the Committee may vote on all questions put to the Committee unless a conflict of interest or an appearance fairness question under state law is present. Section 11. Funding. The City of San Jacinto may provide financial support from its annual operating budget to the Estudillo Mansion Committee for its work and activities. Section 12. Staff Support. The City's Redevelopment Operations Manager or designee shall be staff liaison to support Committee tasks. Approved and adopted this 6th day of September, 2001, by the following vote: -2- Ayes: Ayres, Carlson-Buydos, Good, tJil1lams Noes: None Absent: Conner Abstain None Attest: Susan Matthew, City Clerk Patrick A. Williams, Mayor -3- RESOLUTION NO. RDA 99- 3 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, CALIFORNIA, ESTABLISHING AN ESTUDILLO MANSION COMMITTEE AND THE RULES OF PROCEDURE FOR THE MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES AND IDENTIFICATION OF THEIR PURPOSE AND TERMS OF OFFICE The purpose and intent of the Redevelopment Agency in adopting these rules is to provide directory guidelines relating to the conduct of public business by or on behalf of the Committee, and in the event of any non-compliance with or violation of any provision herein, such will not be deemed to affect the validity of any action taken, unless otherwise specifically provided by law, and to comply with the provisions of the Brown Act. The Committee is established for the purpose of overseeing and assisting the Redevelopment Agency on the restoration and future use of the Estudillo Mansion and work in an advisory capacity to the Executive Director and the Redevelopment Agency. The terms of office shall be for a period of four years, with the initial appointments having three terms of office for two years and drawn by lot at the first regular meeting of the Committee. The two year terms shall end February 1, 2001 and the four offices with four year terms shall end February 1, 2003. Staff support for the Committee shall be provided by the Community Development Department. All references to gender shall include the masculine, feminine and neuter. The following rules of the Committee are hereby adopted: 1. MEETINGS 1.1 REGULAR MEETINGS The Committee shall hold regular meetings at the Valley Wide Recreation District Conference Room, 901 W. Esplanade Avenue, San Jacinto, on the first Thursday of each month, beginning at 7:00 A.M., and the third Thursday of each month at 7:00 P.M. Additional meetings may be added as necessary. 1.2 ADJOURNED MEETINGS Any meeting may be adjourned to a time, place and date certain, but not beyond the next regular meeting. Once adjourned the meeting may not be reconvened. 1 1.3 NOTICE OF MEETINGS Posted notice is required of all meetings and shall be the responsibility of the Executive Director. 1.4 QUORUM Unless otherwise provided for, a majority of the Committee shall be sufficient to do business and motions may be passed 5-0 if only five members attend. 1.4.1 LEGALLY REQUIRED PARTICIPATION If a majority of the members shall be disqualified to vote on a matter by reason of actual or apparent conflict of interest, the Committee shall select by lot or other means of random selection, or by such impartial and equitable means as the Committee shall determine, that number of its disqualified members which, when added to the members eligible to vote, shall constitute a quorum. 1.5 MEETINGS TO BE PUBLIC All meetings of the Committee shall be open to the public. 2. ORDER OF BUSINESS 2.1 AGENDA The order of business of each meeting shall be as contained in the agenda prepared by the Executive Director. The agenda shall be a listing by topics of the subjects which shall be taken up for consideration in the following order: Call to Order Public Comments Continued Items Old Business New Business Adjournment Except with majority consent of the Committee, items may not be taken out of order. 2 Items to be considered for Committee action shall be submitted to the Executive Director no later than one week prior to the meeting for consideration. Staff reports for Committee action shall be submitted to the Executive Director no later than the One week preceding the meeting. All reports shall be submitted on the proper form with complete information as to the subject matter, recommendation, fiscal impact, and contain the necessary attachments and exhibits. 2.2 DELIVERY OF AGENDA Barring insurmountable difficulties, the agenda shall ordinarily be available to members and the general public each by 5:00 P.M. preceding the Meeting to which it pertains. 2.3 CALL TO ORDER Before proceeding with the business of the Committee, the Executive Director shall record the names of those members present and they shall be entered in the minutes. 2.4 PUBLIC COMMENTS Any person may address the Committee on any subject pertaining to business listed on the agenda during the Public Comments portion of the meeting. A limitation of three (3) minutes shall be set for each person desiring to address the Committee during the Public Comments designation on the agenda or will be allowed as those items come up for consideration by the Committee. 2.5 APPROVAL OF MINUTES Unless requested by a majority of the Committee, minutes of the previous meeting may approved without public reading if a copy of the minutes were previously furnished to each member of the Committee, and made available to the public. Minutes shall be prepared in accordance with the agenda format and as consistent as needed for the purpose of indexing legislative history. Minutes shall contain the necessary information for auditing and providing a clean paper trail and in no event anything less than the subject matter for consideration, the fiscal impact, identify contracting firms and individuals, and the action taken. With the exception of identifying individuals addressing the Committee, and their general remarks, the comments of Committee members shall be noted only when revising or amending a matter. The minutes shall reflect only the motion and vote of the Committee unless a member notes he wishes the record to reflect the purpose of his dissenting on a matter. Abstentions by members shall be so stated along with their basis for such abstentions. 3. PRESIDING OFFICER 3.1 PRESIDING OFFICER A. The Chairman shall be the Presiding Officer at all meetings of the Committee. In the absence of the Chairman, the Vice Chairman shall preside. In the absence of both the Chairman and Vice Chairman, the Committee shall elect a temporary presiding officer to serve until the arrival of the Chairman and Vice chairman or until adjournment, whichever first occurs. B. The offices of Chairman and Vice Chairman shall be deemed vacant upon the happening of any of the following: 1) The death of the holder of such office; 2) The loss or resignation from membership on the Committee by the holder of such office; At its first regular meting after the occurrence of a vacancy created by one of the foregoing events, the Committee shall select a successor to such office. 3.2 PARTICIPATION OF PRESIDING OFFICER The Presiding Officer may move, second and debate from the Chair, subject only to such limitations of debate as are imposed on all members, and he shall not be deprived of any of the rights and privileges of a member by reason of his acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. If he desires to personally engage in extended debate on questions before the committee, he should consider turning the Chair over to another member. 3.3 QUESTION OR MOTION TO BE STATED The Presiding Officer shall verbally restate or request the Executive Director to restate each question or motion immediately prior to calling for the vote. Following the vote the Presiding Officer shall verbally announce whether the question carried or was defeated. The Presiding Officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. 4 3.4 MAINTENANCE OF ORDER The Presiding Officer is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the Chair. All questions and remarks shall be addressed to the Chair. 4. RULES, DECORUM AND ORDER 4.1 POINTS OF ORDER The Presiding Officer shall determine all Points of Order subject to the right of any member to appeal to the Committee. If any appeal is taken, the question shall be "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order. 4.2 DECORUM AND ORDER - COMMITTEE MEMBERS Any member desiring to speak shall address the Chair and upon recognition by the Presiding Officer, shall confine himself to the question under debate. A member desiring to question the staff shall address his question to the Chair, in appropriate cases, who shall be entitled either to answer the inquiry himself or to designate some member of his staff for the purpose. C. A member, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer; unless a Point of Order is raised by another member; or unless the speaker chooses to yield to questions from another member. D. Any member called to order while he is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, he shall be permitted to proceed. If ruled to be not in order, he shall remain silent or shall alter his remarks so as to comply with the rules of the Committee. Members shall accord the utmost courtesy to each other, to city employees, and to the public appearing before the committee and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as motives and personalities. 5 F. Any member may move to require the Presiding Officer to enforce rules and the affirmative vote of a majority of the Committee shall require him to so act. 4.3 DECORUM AND ORDER - EMPLOYEES Members of the administrative staff and employees of the city shall observe the same rules of procedure and decorum applicable to members of the Committee. The Executive Director shall insure that all city employees observe such decorum. Any staff members, including the Contract Officer, desiring to address the Committee or members of the public shall first be recognized by the Chair. All remarks shall be addressed to the Chair and not to any one individual member or member of the public. 4.4 DECORUM AND ORDER - PUBLIC Members of the public attending Committee meetings shall observe the same rules of order and decorum applicable to the Committee. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Committee or while attending the Committee meeting may be ordered to leave the room by the Presiding Officer and such person may be barred from further audience before the Committee. Unauthorized remarks from the audience, stamping feet, whistles, yells and similar demonstrations shall not be permitted by the Presiding Officer, who may order such offenders to leave the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer. 4.5 ENFORCEMENT OF DECORUM As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the Committee may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited, representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the Committee from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. 6 4.6 PERSONAL PRIVILEGE The right of a member to address the Committee on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are assailed, questioned or impugned. 4.7 CONFLICT OF INTEREST All members are subject to the provisions of California Law, such as Chapter 7, Title 9, of the CaliforniaGovernment Code, relative to conflicts of interest, and to conflict of interest codes adopted by the city. Any member prevented from voting because of a conflict of interest shall refrain from debate and voting. Such member may choose to leave the Committee Chambers during debate and voting on the issue. 4.8 LIMITATION OF DEBATE Members normally should speak not more than once upon any one subject until every other member choosing to speak thereon has spoken. Members shall limit their statements to five (5) minutes each time they have the floor, unless the Committee, by majority vote approves an extended period. 4.9 DISSENTS, PROTESTS AND COMMENTS Any member shall have the right to express from, or protest to, or comment upon, any action of the Committee and have the reason entered in the minutes. If such dissent, protest or comment is desired to be entered in the minutes, this should be made clear by language such as "I would like the minutes to show that I am opposed to this action for the following reasons..:" 4.10 RULINGS OF CHAIR FINAL UNLESS OVERRULED In presiding over Committee meetings, the Presiding Officer shall refer to "Roberts Rules of Order" to decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by majority vote of the members present and voting, and shall be binding and legally effective for purposes of the matter under consideration. ADDRESSING THE COMMITTEE 5.1 MANNER OF ADDRESSING THE COMMITTEE 7 A. Any member of the public desiring to address the Committee shall proceed to the podium and wait to be recognized by the Presiding Officer. After being recognized, he shall state his name and address for the record. B. All remarks and questions shall be addressed to the Chair and not to any individual member, staff member or other person. Al! remarks shall be limited to the subject under consideration. No person shall enter into any discussion without being recognized by the Presiding Officer. C. Any member of the Committee who has been recognized by the Presiding Officer of the Committee for such purpose may address or respond to a member of the public who has addressed the Committee pursuant thereto. Such address or response shall be exercised only once for each member of the public, shall not exceed three minutes in length, and shall be deemed to express the individual position or opinion of the member offering the same and shall not be construed to bind the Committee or the city in any manner. Unless otherwise directed by the Committee, the restrictions imposed by Subsection A shall apply only to those portions of the Committee agenda during which members of the public are permitted to make public comments to the Committee. 5.2 TIME LIMITATION Any member of the public desiring to address the Committee shall limit his statement to three (3) minutes unless further time has ben granted by the Presiding Officer in the individual case. 5.3 ADDRESSING THE COMMITTEE AFTER MOTION IS MADE After a motion has been made no member of the public shall address the Committee without first securing permission by a majority vote of the Committee. 5.4 LIMITATIONS REGARDING PUBLIC COMMENTS AND REPORTS The making of public comments to the Committee by a member of the public during the "Public Comments" portion of the agenda shall be subject to the following limitations: 8 5.4.1 At any time, before or after the public comments is commenced, the Presiding Officer may request to direct the communication to the Executive Director during regular business hours, or in writing for subsequent submittal to members. 5.4.2 The Presiding Officer may limit the number of speakers heard on agenda topics at a single meeting. Those whose presentations are postponed shall be given priority at the next meeting during the "Public Comments" agenda item. 5.4.3 If it appears that several speakers desire to speak regarding a single topic, the Presiding Office may reasonably limit the number of speakers as to each side of an issue. In this regard, preference may be given to speakers who represent groups of persons who have designated a spokesperson. 5.4.4 No public comments shall be allowed to include charges or complaints against any employee of the city, regardless of whether such employee is identified in the presentation by name or by any other reference which tends to identify him. All charges or complaints against employees shall be submitted to the Contract Officer for appropriate action, to protec the rights of employees. 5.4.5 No section or subsection of these rules shall be construed as to prohibit the right of the public to the criticism of the policies, procedures, programs, or services of the city or the acts or omissions of the Committee. 5.5 PERSONS AUTHORIZED TO BE WITHIN THE DIOCESE No person except the city officials shall be permitted within the diocese area in front of the Committee table without the invitation or consent of the Presiding Officer. 6. MOTIONS 6.1 PROCESSING OF MOTIONS When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it. 6.2 MOTIONS OUT OF ORDER 9 The Presiding Officer may at any time, by majority consent of the Committee, permit a member to motion out of the regular agenda order. 6.3 DIVISION OF QUESTION If the question contains two or more divisionable propositions, the Presiding Officer may, and upon request of a member, shall divide same. 6.4 PRECEDENCE OF MOTIONS When a motion is before the Committee, no motion shall be entertained except the following, which shall have precedence in the following order: A. Adjourn B. Fix Hour of Adjournment C. Table D. Limit or Terminate Discussion E. Amend F. Postpone 6.5 MOTION TO ADJOURN (NOT DEBATABLE) A motion to adjourn shall be in order at any time, except as follows: A. When repeated without intervening business or discussion. B. When made as an interruption of a member while speaking. C. When discussion has been ended, and vote on a motion is pending. D. While a vote is being taken. A motion to adjourn "to another time" shall be debatable only as to the time to which the meeting is adjourned. 6.6 MOTION TO FIX HOUR OF ADJOURNMENT Such a motion shall be to set a definite time at which to adjourn and shall be undebatable and shall be unamendable except by unanimous vote. 6.7 MOTION TO TABLE A motion to table shall be used to temporarily by-pass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. 10 6.8 MOTION TO LIMIT OR TERMINATE DISCUSSION Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion prevails, a vote shall be taken on the main motion. 6.9 MOTION TO AMEND A motion to amend shall be debatable only as to the amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment. Amendments shall be voted first, then the main motion as amended. 6.10 MOTION TO CONTINUE Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set. 7. VOTING PROCEDURES 7.1 VOTING PROCEDURE In acting upon every motion, the vote shall be taken by manual audible means and the vote on each motion shall be entered in full upon the record. Members shall respond "aye", "nay", or "abstain", and any member not responding "no" or "abstain" or otherwise registering an objection shall have his vote recorded as "aye". The order of roll call voting shall be alphabetical with the Chair voting last. The Executive Director shall call the names of all members seated when a roll call vote is ordered or required. 7.2 ROLL CALL VOTING Any question before the Committee shall not require a roll call vote unless demanded by any member. It shall not be in order for members to explain their vote during the vote. Any member may change his vote before the next order of business. 7.3 FAILURE TO VOTE 11 Every member should vote unless disqualified for cause. 7.4 RECONSIDERATION Any member who voted with the majority may move to reconsider any action at the same meeting. After a motion for reconsideration has once been acted upon at the same meeting, no other motion for a reconsideration thereof shall be made without unanimous consent of the Committee at the same or subsequent meetings. 7.5 TIE VOTES Tie votes shall be lost motions. If a tie vote results at a time when less than all members of the Committee are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Committee, unless otherwise ordered by the Committee. The Redevelopment Agency of the City of San Jacinto, does hereby adopt the foregoing rules and procedures to be effective immediately. APPROVED AND ADOPTED this 18ttlay of February, 1999, by the following vote: AYES NOES ABSENT ABSTAI N ATTEST: Agency Members Conner, Good, Smedley, Williams and President Cornett None None None Pamela L. Lee, Agency Secretary r �z.rfr. ter_ 12 Approved by E It 1. n,C (f—i'fz Debbie Cornett, President AGENDA ITEM 5,4 July 1, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Steven G. Pasarow, Redevelopment Operations Manager SUBJECT: Acceptance of Supplemental Agreement for the use of Community Development Block Grant funds for FY 2004-2005 RECOMMENDATION: Approve the Supplemental Agreement with the County of Riverside the 2004- 2005 Fiscal Year and authorize the Mayor to execute the Agreement. BACKGROUND: In July 2002, the County of Riverside and the City of San Jacinto executed a Cooperation Agreement through which the City elected to participate with the County for the purpose of receiving Community Development Block Grant (CDBG) funds from the U. S. Department of Housing and Urban Development (HUD), and to assist and undertake essential community development and housing assistance activities pursuant to the Housing and Community Development Act of 1974, as amended. The City of San Jacinto receives CDBG funding through the County of Riverside Economic Development Agency under the Urban County Program. The Purpose of the CDBG Program is to enhance and maintain viable urban communities through the provision of decent housing, a suitable living environment and the expansion of economic opportunities, principally for low and moderate income persons. On November 20, 2003 and December 18, 2003, the City Council held public hearings for the purpose of allowing the public an opportunity to comment on the programs and projects proposed to be funded during the 2004-2005 Program Year. Page 1 of 2 The amount of CDBG funding available to the City of San Jacinto for FY 2004- 2005 is $222,090. Of that amount, 20% is available for Public Serice Programs and Activities and 80% is available for Public Facilities Proje s and Code Enforcement Activities. The supplemental Agreement is the official document that establishes the conditions under which the City and the public service organizations (subrecipients), will implement the program for FY 2004-2005. Six programs, projects and/or activities were approved by the City Council for funding and submitted to the County for approval, they are: PROGRAM 1) Senior Home Repair Program 2) Valley -Wide Recreation & Park Dist. Scholarship Prog. 3) San Jacinto Police Activities League 4) San Jacinto Museum Relocation to Estudillo Mansion 5) Neighbothood'Cleanup Program 6) Code Enforcement Program TOTAL FUNDS GRANTED: JUSTIFICATION: ALLOCATION $ 10,000 $ 5,000 $ 10,090 $ 50,000 $ _..,,1.000 , . $146,000 $222,O9i0 The Community Development Block Grant Program provides valuable funding for worthwhile capitol improvement projects and community service programs by non-profit organizations. The CDBG Program improves the quality of life for low and moderate income areas of the City_ BUDGETARY IMPACT: The City will receive an allocation of $222,090 in federal Community Development Block Grant funding through the County of Riverside Economic Development Agency for the Fiscal Year 2004-2005. Approval of the Supplemental Agreement will not have a significant budgetary impact. ATTACHMENTS: Supplemental Agreement (one original, two copies) Page 2 of 2 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 File: 0.653, 0.656, 3.SJ066, 3.7.108, 3.SJ109, 3.SJ110 SUPPLEMENTAL AGREEMENT FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS COUNTY 'OF RIVERSIDE of the State of California, herein called, "COUNTY," and the CITY OF SAN JACINTO, herein called "CITY," mutually agree as follows: 1. GENERAL. COUNTY and CITY have executed a Cooperation Agreement dated July 2, 2002, whereby CITY elected to participate with COUNTY, which has qualified as an "Urban County" for purposes of-receiving,,Community Development Block Grant (CDBG) funds,, and to assist .and, undertake essential community development and housing assistance activities pursuant to the Housing and Community Development Act of 1974, as amended, hereinafter referred to as "Act". Said Cooperation Agreement dated July 2, 2002, is incorporated herein by reference and made a part of this Agreement as if each and every provision was set forth herein. 2. PURPOSE. CITY promises and agrees to undertake and assist with the community development activities, within its jurisdiction, by utilizing the sum of $222,099, CDBG Entitlement Funds, as specifically identified in Exhibits A, B, C, D, E, and F are attached hereto and consist of 3 pages (each), and by this reference are incorporated herein, for the projects: 0.653 Senior Home Repair Program, $10,000. 0.656 Valley -Wide Recreation & Park District Scholarship Program, $5,000. 3.SJ066 San Jacinto Police Activities League, $10,090. 3.SJ108 San Jacinto Museum Relocation to Estudillo Mansion Project, $50,000. 3.SJ109 Neighborhood Clean -Up Program, $1,000. 3.SJ110 Code Enforcement Program, $146,000. CITY shall obtain COUNTY's approval, through its Economic Development Agency, of the project plans and specifications prior to CITY's construction of same when a project consists of a construction activity. 3. TERM OF AGREEMENT. The term of this Agreement for the projects shall be for a period of one (1) year from July 1, 2004 to June 30, 2005, and proceed consistent with the completion Page 1 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 schedule set forth in Exhibits A, B, C, D, E and F. In the event that the projects are not substantially completed by the time set forth in the completion schedule due to unforeseen or uncontrollable causes, the schedule for the completion of the project may be extended by the period of the enforced delay. Times of performance may also be extended in writing by the mutual agreement of CITY and COUNTY. If substantial progress toward completion in conformance with the completion schedule, as determined by COUNTY of the projects are not made during the term of the Supplemental Agreement, COUNTY may suspend or terminate this agreement by the procedures set forth in the Section titled "Termination", of this agreement and the entitlement funds associated with the projects may be reprogrammed by COUNTY after appropriate notice is given. 4. DISPOSITION OF FUNDS. COUNTY's Board of Supervisors shall determine the final disposition and distribution of all funds received by COUNTY under the Act consistent with the provisions of Paragraphs 2 and 3 of this Agreement. COUNTY, through its Economic Development Agency, shall: (1) Make payment of the grant funds to CITY as designated in Exhibits A, B, C, D, E and F; (2) It is the CITY's responsibility to monitor the projects activity of Exhibits A, B, C, D, E and F to ensure compliance with applicable federal regulations and the terms of this Agreement. CITY shall comply with timely drawdown of funds by submitting monthly requests for reimbursement. All disbursements of grant funds will be on a reimbursement basis and made within thirty (30) days after the CITY has submitted its letter identifying payments and documentation which supports expenditures. All authorized obligations incurred in the performance of the Agreement must be reported by June 4, 2004 for projects eligible under 570.201(e), Public Services; 3) The COUNTY will directly manage and monitor projects identified in Exhibits A, B, C, D, E and F. These projects have been determined to be Countywide, receiving grant funding from multiple sources; therefore, these projects will be managed and monitored by the COUNTY. 5. COOPERATION WITH HOUSING ACTIVITIES. CITY shall cooperate with COUNTY in undertaking essential community development and housing assistance activities, specifically urban renewal and public assistance housing, and shall assist COUNTY in carrying out its Strategic Plan of the Consolidated Plan and other requirements of the Community Development Block Grant Program. 6. LEAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL Page 2 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 QUALITY ACT (CEOA). Pursuant to Section 15051(d) of Title 14 of the Crlifornia Administrative Code, CITY is designated as the lead agency for the projects that are the subject matter of this Agreement. 7. HOLD HARMLESS AND INDEMNIFICATION. CITY shall comply with all applicable laws, rules and regulations, and shall indemnify, save and hold harmless COUNTY and its agency members and their respective agents, servants and employees of and from any and all liabilities, claims, debt, damages, demands, suits, actions and causes of action of whatsoever kind, nature or sort including, but not by way of limitation, wrongful death, expenses of the defense of said parties, and the paymentof attorney's- fees,.:, arising out of or in any manner connected with the, performance by CITY .. under this Agreement. 8. RECORDS AND INSPECTIONS. a. CITY shall establish and maintain records in accordance with 24 CFR Part 570 and Part 85 and OMB Circular A-87 as applicable and as they relate to the acceptance and use of federal funds under this Agreement. b. CITY shall maintain a separate account for CDBG Entitlement funds received as set forth in Exhibits (A, B, C, D, E and F). c. CITY shall, during the normal business hours, make available to COUNTY and to the Department of Housing and Urban Development for examination and copying all of its records and other materials with respect to matters covered by this Agreement. d. CITY shall not retain any program income as defined in Section 570.500 of Title 24 of the Federal Code of Regulations. Said program income shall be used only for the activities that are the subject of this Agreement. Further, all provisions of this Agreement shall apply to such activities. e. The CITY shall ensure projects that are serving limited clientele (570.208(a)(2)(i), that at least fifty-one percent (51%) of the persons benefiting from the CDBG funded activities are of low and moderate income and meet the program income guidelines attached as Exhibits (A, B, C, D, E and F). The CITY must provide the direct benefit documentation required. 9. FEDERAL REQUIREMENTS. CITY shall comply with the provisions of the Act and any amendments thereto and the federal regulations and guidelines now or hereafter enacted pursuant to the Page 3 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Act. More particularly, CITY is to comply with those regulations found in Part 85 and Part 570 of Title 24 of the Code of Federal Regulations. CITY is to comply with OMB Circular A-87, or any subsequent replacement. CITY is to abide by the provisions of the Community Development Block Grant Manual, prepared by COUNTY and cited in the above -mentioned Cooperation Agreement. City to comply with Section 3 of the Housing & Urban Development Act of 1968: as amended attached hereto as Exhibit "S". 10. INDEPENDENT CONTRACTOR. CITY and its agents, servants and employees shall act at all times in an independent capacity during the term of this Agreement, and shall not act as, shall not be, nor shall they in any manner be construed to be agents, officers or employees of the COUNTY. 11. TERMINATION. a. CITY. CITY may not terminate this Agreement except upon express written consent of COUNTY. b. COUNTY. Notwithstanding the provisions of Paragraph 11 a, COUNTY may suspend or terminate this Agreement upon written notice to CITY of action being taken and the reason for such action: (1) In the event CITY fails to perform the covenants herein contained at such times and in such manner as provided in this Agreement; and (2) In the event there is a conflict with any federal, state or Local law, ordinance, regulation or rule rendering any of the provisions of this Agreement invalid or untenable; or (3) In the event the funding from the Department of Housing and Urban Development referred to in Paragraphs 1 and 2 above is terminated or otherwise becomes unavailable. c. Upon suspension of this Agreement, CITY agrees to return any unencumbered funds which it has been provided by COUNTY. In accepting said funds, COUNTY does not waive any claim or cause of action it may have against CITY for breach of this Agreement. d. Upon suspension of this Agreement, CITY agrees not to incur any additional cost with regard to the projects that are cited in the written notice as necessitating the suspensions. 12. NONDISCRIMINATION. CITY shall abide by Sections 570.601 and 570.602 of Title 24 of the Federal Code of Regulations which requires that no person in the United States shall on the Page 4 of 8 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with Community Development funds. 13. PROHIBITION AGAINST CONFLICTS OF INTEREST a. CITY and its assigns, employees, agents, consultants, officers and elected and appointed officials shall become familiar with and shall comply with the CDBG regulations prohibiting conflicts of interest contained in 24 CFR 570.611, attached hereto as Exhibit "CI" and by this reference incorporated herein. b. CITY and its assigns, employees, agents, consultants, officers,,,.and,elected. and appointed officials shall become familiar with and shall comply with Section A-11 of the County's CDBG Policy manual, attached hereto as Exhibit "CI" and by this reference incorporated herein. c. CITY understands and agrees that no waiver of exception can be granted to the prohibition against conflict of interest except upon written approval of HUD pursuant to 24 CFR 570.611 (d). Any request by CITY for an exception shall first be reviewed by COUNTY to determine whether such request is appropriate for submission to HUD. In determining whether such request is appropriate for submission to HUD, COUNTY will consider the factors listed in 24 CFR 570.611 (e). d. Prior to any funding under this Agreement, CITY shall provide COUNTY with a list of all employees, agents, consultants, officers and elected and appointed officials who are in a position to participate in a decision making process, exercise any functions or responsibilities, or gain inside information with respect to the CDBG activities funded under this Agreement. CITY shall also promptly disclose to COUNTY any potential conflict, including even the appearance of conflict, that may arise with respect to the CDBG activities funded under this Agreement. e. Any violation of this section shall be deemed a material breach of this Agreement, and the Agreement shall be immediately terminated by the COUNTY. 14. PROJECT ELIGIBILITY. As to CITY or its claimants, COUNTY shall bear no liability for any later determination by the United States Government, the Department of Housing and Urban Development or any other person or entity that CITY is or is not eligible under 24 CFR Part 570 to receive CDBG funds. Page 5 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. USE OF PROPERTY. Whenever federal CDBG funds or program income are used, in whole or in part, for the purchase of equipment or personal property, the! property shall not be transferred from its originally funded use for a period of five (5) years from the date that the City is no longer a part of the urban COUNTY program. The CITY shall maintain an inventory for COUNTY review. 16. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY agrees to notify and to require any lessee or assignee to notify Riverside County Workforce Development Center/JTPA and GAIN Department of Public Social Services of any and all job openings that are caused by this project. 17. PUBLICITY. Any publicity generated by CITY for the project funded pursuant to this Agreement, during the term of this Agreement, will make reference to the Contribution of the County of Riverside Community Development Block Grant Program in making the project possible. 18. PROGRAM MONITORING AND EVALUATION. CITY shall be monitored and evaluated in terms of its effectiveness and timely compliance with the provisions of this Agreement and the effective and efficient achievement of the Program Objectives. Quarterly reports shall be due on the last day of the month immediately following the end of the quarter being reported. The quarterly written reports shall include, but shall not be limited to the following data elements: a. Title of program, listing of components, description of activities/operations. b. The projected goals, indicated numerically, and also the goals achieved (for each report period). In addition, identify by percentage and description, the progress achieved towards meeting the specified goals; additionally, identify any problems encountered in meeting goals. c. If CDBG funded Activity meets National Objective under 24 CFR 570.208 (a)(2)(i), SPONSOR shall report the following: 1) Total number of direct beneficiaries (clientele served) who are: • Moderate income • Low income • Very -low income 2) Percent of the Low/Moderate income beneficiaries Page 6 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3) Racial ethnicity of clientele 4) Number of Female Headed Households SPONSOR shall report beneficiary statistics monthly to EDA on the pre -approved Direct Benefit Form, and Self -Certification Form (certifying income, family size, and racial ethnicity) as required by HUD: Updated forms are to be provided to said SPONSOR by EDA should HUD implement changes during the term of this agreement. 19. ENTIRE AGREEMENT. It is expressly agreed that this Agreement together with the cooperation Agreement between the parties, embodies the entire agreement of the parties in relation to the subject matter thereof, and ,that .no other Agreement, or understanding, verbal or otherwise, relative to this subject matter, exists between the parties at the time of execution. 20. MINISTERIAL ACTS. The Executive Director of the COUNTY's Economic Development Agency or his or her designee(s) are authorized to take such ministerial actions as may be .necessary or appropriate to implement the terms, provisions, and conditions of this Agreement as it may be amended from time to time by COUNTY. // // // // // // // Page 7 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21. MODIFICATION OF AGREEMENT. This Agreement may be modified or amended only by a writing signed by the duly authorized and empowered representative of COUNTY and CITY respectively. DATED: ATTEST: Nancy Romero Clerk of the Board By: Deputy (Seal) DATED: COUNTY OF RIVERSIDE By: Chairman, Board of Supervisors ATTEST: CITY OF SAN JACINTO SH:BB:rn F95haredlCDHG13 RDISASupplAgree_04.5)066-110.doc By: Mayor Page 8 of 8 EXHIBIT A Page 1 of 3 SUPPLEMENTAL AGREEMENT FILE: 0.653 Sponsor: Central County United Way - Senior Home Repair Address: 2587 S. San Jacinto Ave., San Jacinto, CA 92583 Project Title: Senior Home Repair Program Location: City of San Jacinto and Central Riverside County Description: The Senior Home Repair Program provides minor repairs to homes ' of senior citizens ' (age 55 and older) : CDBG "funds" will ' be used"''far, staff salaries, equipment, supplies, travel expenses, and utility costs. Project Requirements: This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be completed and submitted to the County of Riverside Economic Development Agency on a monthly basis. Should no service be provided, submit the form indicating NO SERVICE. In addition, this is a multi funded project and will be administered by the Riverside County EDA as follows: Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency CDBG Funding Sources: Third District $5,000.00 City: San Jacinto Total Funding $10,000.00 $15,000.00 Cost CDBG Approved $15,000.00 Total CDBG Funding $15,000.00 EXHIBIT A Page 2 of 3 Timetable Implementation Schedule Milestone Program Services Submit Quarterly Report (in accordance to section 26 of Sponsor's Agreement) Semi -Annual Monitoring Site Visit Submit Final Claim for Reimbursement FILE: 0.653 Start Date Completion Date July 1, 2004 December 3, 2004 October 31, 2004 January 31, 2005 April 30, 2005 July 31, 2005 June 1,1 2005 Program Services Complete June 30, 2005 EXHIBIT A lge 3 of 3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM FROM PROJECT SUMMARY 3. PERIOD OF APPLICABILITY TO July 1, 2004 June 30, 2005 FILE: 0.653 1. NAME OF APPLICANT County of Riverside 2. APPLICATION/GRANT NUMBER B-02-UC-06-0506 4. X Original (each year) Revision, Date Amendment, Date 5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS Senior Home Repair Program 0.653 Exempt 8. ENTITY WITH RESP,ONSLBILLTY:;FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER Central County United Way - Senior Home Repair (909)929-7173 10. DESCRIPTION OF PROJECT: The Senior Home Repair Program provides minor repairs to homes of senior citizens (age 55 and older). CDBG funds will be used for staff salaries, equipment, supplies, travel expenses, and utility costs. ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a)(2)(i)(A) . CENSUS TRACT(S)/ENUMERATION DISTRICT(S) N/A 12. ANTICIPATED ACCOMPLISHMENTS: Provision of Service to 100 senior citizens. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) Public Services $15,000.00 14. Totals $15,000.00 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $15,000.00 EXHIBIT A Page 1 of 3 SUPPLEMENTAL AGREEMENT Sponsor: Valley -Wide Recreation & Park District FILE: 0.656 Address: P.O. Box 907, San Jacinto, CA 92581 Project Title: Valley -Wide Recreation & Park District Scholarship Program Location: Regional Facility, 901 W. Esplanade, San Jacinto, CA 92582 Description: The Valley -Wide Recreation and Park District provides scholarships to help individuals and families defray the cost of participating in- organized sports and' recreational 'activitie's'BG' "finds' will be used to supplement the current operating budget for these programs. Project Requirements: This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be completed and submitted to the County of Riverside Economic Development Agency on a monthly basis. Should no service be provided, submit the form indicating NO SERVICE. In addition, this is a multi funded project and will be administered by the Riverside County EDA as follows: Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency CDBG Funding Sources: Third District $10,000.00 City: San Jacinto Total Funding $ 5,000.00 $15,000.00 Cost CDBG Approved $15,000.00 Total CDBG Funding $15,000.00 EXHIBIT A 1.ge 2 of 3 Timetable Implementation Schedule Milestone FILE: 0.656 Start Date Completion Date Program Services July 1, 2004 Submit Quarterly Report (in accordance to section 26 of Sponsor's Agreement) Semi -Annual Monitoring Site Visit December 3, 2004 October 31, 2004 January 31, 2005 April 30, 2005 July Submit Final Claim for Reimbursement June 1, 2005 Program Services Complete June 30, 2005 EXHIBIT A Page 3 of 3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM FROM PROJECT SUMMARY 3. PERIOD OF APPLICABILITY TO July 1, 2004 June 30, 2005 FILE: 0.656 1. NAME OF 'APPLICANT County of Riverside 2. APPLICATION/GRANT NUMBER B-02-UC-06-0506 4. X Original (each year) Revision, Date Amendment, Date 5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS Valley -Wide Recreation & Park 0.656 Exempt District Scholarship Program . ENTITY WITH RESPONSIBILITY .TOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER Valley -Wide Recreation & Park District (909)654-1505 10. DESCRIPTION OF PROJECT: The Valley -Wide Recreation and Park District provides scholarships to help individuals and families defray the cost of participating in organized sports and recreational activities. CDBG funds will be used to supplement the current operating budget for these programs. ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a)(2)(i)(B) 11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) N/A 12. ANTICIPATED ACCOMPLISHMENTS: Provision of service to 425 youths. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) Public Services $15,000.00 14. Totals $15,000.00 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $15,000.00 EXHIBIT A Page 1 SUPPLEMENTAL AGREEMENT Sponsor: San Jacinto Pplice Activities League, Inc. Address: P.O. Box 681, San Jacinto, CA 92581 ILE: 3.SJ066 Project Title: San Jacinto Police Activities League Location: Monte Vista School, 181 N. Ramona Blvd., San Jacinto, CA 92583 Description: The San, Jacinto Police Activities League (PAL) provides services such, as sports, recreational activities, and tutoring for at -risk youth to prevent crime. CDBG funds will be used for staff salaries and benefits. Project Budget: Cost CDBG Approved 1) Architect/Engineer Design Costs $ $ 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance $10,090 10) Contingency TOTAL $10,090 EXHIBIT A Page 2 Timetable Implementation Schedule Milestone FILE: 3.SJ066 Start Date Completion Date (Option 1 - Public Service) Program Services July 1, 2004 Submit Quarterly Report (in accordance to section 26 of'Sponsor's'Agreement) Semi -Annual Monitoring Site Visit Submit Final Claim for Reimbursement Program Services Complete December 3, 2004 October 31, 2004 January 31, 2005 July 31, 2005 June 1, 2005 June 30, 2005 7XHIBIT A !age 3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM FROM PROJECT SUMMARY 3. PERIOD OF APPLICABILITY TO July 1, 2004 June 30, 2005 FILE: 3.SJ066 1. NAME OF APPLICANT County of Riverside 2. APPLICATION/GRANT NUMBER B-02-UC-06-0506 4. X Original (each year) Revision, Date Amendment, Date 5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS San Jacinto Police Activities 3.SJ066 Exempt League 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER San Jacinto Police Activities League, Inc. (909)487-6777 10. DESCRIPTION OF PROJECT: The San Jacinto Police Activities League (PAL) provides services such as sports, recreational activities, and tutoring for at - risk youth to prevent crime. CDBG funds will be used for staff salaries and benefits. ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a)(2)(i)(B) 11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) 12. ANTICIPATED ACCOMPLISHMENTS: Provision of recreational activites for over 750 at risk youth in the San Jacinto area. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) $ $ $ Public Services $10,090 14. Totals $10,090 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $10,090 EXHIBIT A Page 1 SUPPLEMENTAL AGREEMENT Sponsor: City of San Jacinto - Community Development Department Address: 248 E. Main Street, San Jacinto, CA 92583 Project Title: San Jacinto Museum Relocation to Estudillo Mansion Project Location: 150 South Dillon, San Jacinto, CA FILE: 3.SJ108 Description: The City of San Jacinto is proposing to relocate the San Jacinto Museum to the Estudillo Heritage Park and Historical Mansion. "MO safety issues and the requirements of the Americans with Disabilities Act (ADA) the current museum location can nolonger house the facility and its collection. CDBG funds will be used for architectural design and construction rehabilitation costs at the new facility site. Project Budget: Cost CDBG Approved 1) Architect/Engineer Design Costs $ $ 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs $50,000 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency TOTAL $50,000 'XHIBIT A :age 2 Timetable Implementation Schedule Milestone FILE: 3.SJ108 Start Date Completion Date (Option 2 - Public Facilities) Prepare Plans & Specifications July 1, 2004 November 1, 2004 Bid Documents & Review Bid Advertisement, Bid Review December 2004 February 2005 & Award Construction March 2005 May 2005 Notice of Completion June 2005 EXHIBIT A Page 3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM FROM PROJECT SUMMARY 3. PERIOD OF APPLICABILITY TO July 1, 2004 June 30, 2005 FILE: 3.SJ108 1. NAME OF APPLICANT County of Riverside 2. APPLICATION/GRANT NUMBER B-02-UC-06-0506 4. X Original (each year) Revision, Date Amendment, Date 5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS San Jacinto Museum Relocation 3.SJ108 Exempt to Estudillo Mansion Project 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER City of San Jacinto - Community Development Department (909)487-7330 10. DESCRIPTION OF PROJECT: The City of San Jacinto is proposing to relocate the San Jacinto Museum to the Estudillo Heritage Park and Historical Mansion. Due to safety issues and the requirements of the Americans with Disabilities Act (ADA) the current museum location can nolonger house the facility and its collection. CDBG funds will be used for architectural design and construction rehabilitation costs at the new facility site. ELIGIBILITY: 570.201 (c) BENEFIT: 570.208 (a)(2)(ii) 11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) 12. ANTICIPATED ACCOMPLISHMENTS: Architectural design & construct for rehab of the facility. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) $ $ $ Public Facilities $50,000 14. Totals $50,000 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $50,000 EXHIBIT A Page 1 SUPPLEMENTAL AGREEMENT Sponsor: City of San Jacinto - Community Development Department Address: 248 E. Main Street, San Jacinto, CA 92583 Project Title: Neighborhood Clean -Up Program ILE: 3. SJ 109 Location: CDBG qualified low and moderate income neighborhoods within the City of San Jacinto Description: -The City of San Jacinto Neighborhood Clean -Up Program provides services to low: and moderate income areas to help eliminate blighting conditions. CDBG funds will be used for staff salaries, equipment, and supplies. Project Budget: Cost CDBG Approved 1) Architect/Engineer Design Costs $ $ 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance $1,000 10) Contingency TOTAL $1,000 EXHIBIT A Page 2 Timetable Implementation Schedule Milestone FILE: 3.SJ109 Start Date Completion Date (Option 1 - Public Service) Program Services July 1, 2004 Submit Quarterly Report (in accordance to section 26 of Sponsor's Agreement) Semi -Annual Monitoring Site Visit Submit Final Claim for Reimbursement Program Services Complete December 3, 2004 October 31, 2004 January 31, 2005 Apri] 30; 20O5 July 31, 2005 June 1, 2005 June 30, 2005 XHIBIT A :age 3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM FROM PROJECT SUMMARY 3. PERIOD OF APPLICABILITY TO July 1, 2004 June 30, 2005 FILE: 3.SJ109 1. NAME OF APPLICANT County of Riverside 2. APPLICATION/GRANT NUMBER B-02-UC-06-0506 X Original (each year) Revision, Date Amendment, Date 5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS Neighborhood Clean -Up Program 3.SJ109 Categorically Excluded 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER City of San Jacinto - Community Development Department (909)487-7330 10. DESCRIPTION OF PROJECT: The City of San Jacinto Neighborhood Clean -Up Program provides services to low and moderate income areas to help eliminate blighting conditions. CDBG funds will be used for staff salaries, equipment, and supplies. ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a)(1)(i) 7.1. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) CT 435.04, BG 2; CT 435.06, BG 1; CT 435.07, BG 2; CT 435.08, BG 2; CT 435.09, BG 2; CT 435.10, BG 2 12. ANTICIPATED ACCOMPLISHMENTS: Provision of neighborhood cleanup services to low & moderateincome residents of San Jacinto. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) $ $ $ Public Services $1,000 14. Totals $1,000 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $1,000 8) Other Costs 9) Operation/Maintenance 10) Contingency EXHIBIT A Page 1 SUPPLEMENTAL AGREEMENT Sponsor: City of San Jacinto - Community Development Department Address: 248 E. Main Street, San Jacinto, CA 92583 Project Title: Code Enforcement Program Location: City of San Jacinto (ILE: 3.SJI 10 Description: The City of San Jacinto operates the Code Enforcement Program to improve property and building maintenance of tenants and landlords: Within qualifying areas, there are substandard housing and public nuisance conditionswhich need to be addressed. These areas will receive an enhanced level of service beyond that which is provided citywide. CDBG funds will be used for staff salaries, benefits, equipment, utilities, and contract services. Project Budget: Cost CDBG Approved 1) Architect/Engineer Design Costs $ $ 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs $146,000 TOTAL $146,000 ' XHIBIT A rage 2 Timetable Implementation Schedule Milestone FILE: 3.SJ110 Start Date Completion Date (Option 1 - Public Service) Program Services July 1, 2004 Submit Quarterly Report (in accordance to section <26,.-,- of Sponsor's Agreement) Semi -Annual Monitoring Site Visit Submit Final Claim for Reimbursement Program Services Complete December 3, 2004 October 31, 2004 January 31, 2005 Apri,1 30, 2005 July 31, 2005 June 1, 2005 June 30, 2005 EXHIBIT A Page 3 FILE: 3.SJ110 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1. NAME OF APPLICANT ANNUAL COMMUNITY DEVELOPMENT PROGRAM County of Riverside 2. APPLICATION/GRANT NUMBER PROJECT SUMMARY B-02-UC-06-0506 3 PERIOD OF APPLICABILITY FROM TO 4. X Original (each year) Revision, Date July 1, 2004 June 30, 2005 Amendment, Date 5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS Code Enforcement Program 3.SJ110 Exempt 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE 'PROJECT 9. TELEPHONE 'NUMBER City of San Jacinto - Community Development Department (909)487-7330 10. DESCRIPTION OF PROJECT: The City of San Jacinto operates the Code Enforcement Program to improve property and building maintenance of tenants and landlords. Within qualifying areas, there are substandard housing and public nuisance conditionswhich need to be addressed. These areas will receive an enhanced level of service beyond that which is provided citywide. CDBG funds will be used for staff salaries, benefits, equipment, utilities, and contract services. ELIGIBILITY: 570.202 (c) BENEFIT: 570.208 (a)(1)(i) 11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) CT 435.01, BG 3,4; CT 435.02, BG 2; CT 436, BG 1,2,3,4 12. ANTICIPATED ACCOMPLISHMENTS: Provision of code enforcement services to low & moderate residents of San Jacinto. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) $ $ $ Code Enforcement $146,000 14. Totals $146,000 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $146,000 Prohibition Against Conflicts of Interest EXHIBI CI , page 1 of 4 § 570.611 Conflict of interest. (a) Applicability. (1) In the procurement of supplies, equipment, construction, and services by recipients, and by subrecipients (including those specified at § 570.204(c)), the conflict of interest provisions in 24 CFR 85.36 and OMB Circular A 110, respectively, shall apply. (2) In all cases not governed by 24 CFR 85.36 and OMB Circular A-110, the provisions of this section shall apply. Such cases include the acquisition and dispositionof-real-property-,and_ the provision of assistance by,the recipient, by its subrecipients, or to individuals, businesses and other private entities under eligible activities which authorize such assistance (e.g., rehabilitation, preservation, and other improvements of private properties or faclilities pursuant to § 570.202, or grants, loans and other assistance to businesses, individuals and other private entities pursuant to § 570-203, § 570.204 or § 570.455). (b) Conflicts prohibited. Except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, the general rule is that no persons described in paragraph (c) of this section who eptercise or have exercised any functions or responsibilities with respect to DBG activities sisted under this part or who are in a position to participate in a decision .aking process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from a CDBG assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. For the UDAG program, the above restrictions shall apply to all activities that are a part of the UDAG project, and shall cover any such interest or benefit during, or at any time after, such person's tenure. (c) Persons covered. The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient, or of any designated public agencies, or subrecipients which are receiving funds under this part. (d) Exceptions: threshold requirements. Upon the written request of the recipient, HUD may grant an exception to the provisions of paragraph (b) of this section on a case -by -case basis when it determines that such an exception will serve to further the purposes of the Act and the effective and efficient administration of the recipient's program or project. An exception may be considered only after the recipient has provided the following: (1) A disclosure of the nature of the conflict, accompanied by n assurance that there has been public disclosure of the conflict and a scription of how the public disclosure was made; and Prohibition Against Conflicts of Interest EXHIBIT CI, page 2 of 4 (2) An opinion of the recipient's attorney that the interest for which the exception is sought would not Violate State or local law. (e) Factors to be considered for exceptions. In determining whether to grant a requested exception after the recipient has satisfactorily met the requirements of paragraph (d) of this section, HUD shall consider the cumulative effect of the following factors, where applicable: (1) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project which would otherwise not be available; (2) Whether an opportunity was provided, for,open,,competitive bidding or negotiation; (3) Whether the person affected is a member of a group or class of low or moderate income persons intended to be the beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (4) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted activity in question; (5) Whether the interest or benefit was present before the affected person was in a position as described in paragraph (b) of this section; (6) Whether undue hardship will result either to the recipient or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and (7) Any other relevant considerations. Prohibition Against Conflicts of Interest Exhibit CI, page 3 of 4 Community Dvlpmt. Block Grant Policy Manual I.D. # A-11 (pg. 1 of 2) TOPIC: CONFLICT OF INTEREST CODED RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY DATE: October 1989 This Conflict -Of Interest Code is written to comply with Federal,ReguhatAons (24 CFR Part 85). These Regulations. "Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments" require that grantees and sub -grantees will maintain a written code of standards of conduct governing the performance of their employees engaged in the award and administration of contracts. 1) No employee, officer or agent of the grantee shall participate in the selection, in the award or in the administration of a contract supported by Federal Funds if a conflict of interest, real or apparent, would be involved. Such a conflict will arise when: i) The employee, officer or agent; ii) Any member of the immediate family; iii) His/Her partners, or; iv) An organization which employs, or is about to employ any of the above has a financial or other interest in the firm's selection for award. 3) The grantee's or sub -grantee's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to sub -agreements except as noted in Section 4. 4) A grantee's or sub -grantee's officers, employees or agents will be presumed to have a financial interest in a business if their financial interest exceeds the following: i) Any business entity in which the official has a direct or indirect investment worth one thousand dollars ($1,000) or more. ii) Any real property in which the official has a direct or indirect interest worth one thousand dollars ($1,000) or more. Prohibition Against Conflicts of Interest Exhibit CI, page 4 of 4 Community Dvlpmt. Block Grant Policy Manual I.D. # A-11 (pg. 2 of 2) TOPIC: CONFLICT OF INTEREST CODE RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY DATE: October 1989 iii)`"Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more iih value provided to, received by or promised to the official within 12 months prior to the time when the decision is made. iv) Any business entity in which the official is a director, officer, partner, trustee, employee, or holds any position of management. v) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the official within 12 months prior to the time when the decision is made. 5) For purposes of Section 4, indirect investment or interest means any investment or interest owned by the spouse or dependent child of an official, by an agent on behalf of an official, or by a business entity or trust in which the official, the official's agents, spouse, and dependent children own directly, indirectly, or beneficially a 10-percent interest or more. EXHIBIT "S", page 1 of 2 Economic Opportunities for Section 3 Residents and Section 3 Business Concerns Sec. 135.38 Section 3 clause. All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and .Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. EXHIBIT "S", page 2 of 2 E. The contractor will certify that any vacant employment positions,including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also appliesto the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). AGENDA ITEM 54' July 1, 2004 TO: 'The Honorable Mayor and Members of the City Council FROM: Steven G. Pasarow, Redevelopment Operations Manager SUBJECT: Resolution to Extend the Holding Period for Land Acquired for Low and Moderate Income Housing RECOMMENDATION: By motion, approve and adopt Resolution No. / A Resolution of the City Council of the City of San Jacinto, extending the time period in which the Redevelopment Agency of the City of San Jacinto may develop certain property acquired with L/M Housing Funds BACKGROUND: On September 2, 1999, the Redevelopment Agency Board authorized the acquisition of approximately 4.92 acres of residentially zoned property located on the south side of Seventh Street adjacent to the North Mountain Middle School. The property was purchased from the Shaver 138 Partnership for the agreed upon price of one dollar ($1.00) plus the payment of property taxes in arrears of $25,751.00. The site consists of four contiguous parcels ranging in size from 3,050 square feet to 3.22 acres. The site is not within the Redevelopment Project Area however Low and Moderate Income Housing funds were utilized to purchase the parcels. Section 33449 of the California Health and Safety Code authorizes the Agency to acquire land outside of the Project Area with Agency funds in order to provide housing for persons and/or families of low to moderate income. California Health and Safety Code Section 33334.16 requires that the Agency initiate housing activities on property purchased with Housing Funds within five (5) years of the date of acquisition. However, Section 33334.16 also permits the Agency to extend the initial five (5) year holding period for an additional five (5) years by a resolution of the City Council acting as the Agency's legislative body. The approval and execution of the attached resolution will allow the Agency an Approva City Manager: Finance Director: additional five years to initiate housing activities on these parcels or comply with the terms of Section 33334.16 which requires the Agency to sell the parcels and the proceeds, Tess the costs of sale, be deposited into the Agency's Housing Fund. JUSTIFICATION: The Agency purchased these parcels utilizing Low/Mod Housing funds with the intent of developing affordable housing at this location at a future date. The Agency intent is still to develop affordable housing at this location, either by itself or by causing affordable housing to be developed through a non-profit or for - profit housing developer before the end of the holding period extension. BUDGETARY IMPACT: The approval of the Resolution of Extension will cause no impact to either the General Fund or Low/Mod Housing Fund. Not approving the Resolution of Extension will require that the parcels be sold and the proceeds deposited into the Low/Mod Housing Fund. ATTACHMENTS: • Resolution of the City Council of the City of San Jacinto, extending the time period in which the Redevelopment Agency of the City of San Jacinto may develop certain property acquired with UM Housing Funds Map of Parcels 133-180-029, 031, 032 and 034 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA MADE PURSUANT TO HEALTH AND SAFETY CODE SECTION 33334.16, EXTENDING THE TIME PERIOD IN WHICH THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO MAY DEVELOP CERTAIN PROPERTY GENERALLY ACQUIRED WITH HOUSING FUNDS WHEREAS, the City Council of the City of San Jacinto ("City") approved and adopted a redevelopment plan ("Redevelopment Plan") for a redevelopment project area known as the San Jacinto Redevelopment Project Area ("Project Area"); and WHEREAS, the Redevelopment Agency of the City of San Jacinto ("Agency") is engaged in activities necessary to execute and implement the housing goals and objectives set forth in the Redevelopment Plan for the Project Area pursuant to the provisions of the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.) ("CRL"); and WHEREAS, On October 6, 1999 the Agency acquired certain property located outside of the Project Area ("Property"), using funds from the Agency's low and moderate income housing fund ("Housing Fund"), in order to develop housing for persons and families of low or moderate income; and WHEREAS, the Property is comprised of four (4) contiguous parcels totaling approximately five (5) acres generally located on the south side of Seventh Street adjacent to the North Mountain Middle School (Assessor Parcel Numbers: 433-180-029-8; 433-180-031-9; 433-180-032-0; and 433-180-034-2) and is more particularly described in Exhibit A attached to this resolution ("Resolution"); and WHEREAS, the Agency requires additional time to facilitate the development of hosing for persons and families of low and moderate income on the Property; and WHEREAS, CRL Section 33334.16 generally requires the Agency to initiate housing activities on property purchased with Housing Funds within five (5) years of the date the property was purchased, but permits the Agency to extend the initial five (5) year holding period for an additional five (5) years by a resolution of the City Council; and WHEREAS, pursuant to CRL Section 33334.16, the City Council, acting as the Agency's legislative body, reaffirms its intent to develop th Property for low and moderate income housing purposes and desires to extend the time period in which the Agency may develop the Property to October 6, 2009. 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 of the City of San Jacinto hereby finds and determines that the recitals of this Resolution are true and correct and incorporated into this Resolution. SECTION 2. Approval of Extension of Time to Develop Property. The City Council of the City of San Jacinto hereby authorizes and approves extending the time period in which the Agency may develop the Property for low and moderate income housing purposes to October 6, 2009. SECTION 3. Effective Date. This Resolution shall become effective upon its adoption. [Signatures on Following Page] APPROVED and ADOPTED, this day of following vote Vote: Ayes: Nays:' Abstain: ATTEST: Dorothy L. Chouinard, City Clerk City of San Jacinto 004, by the by Jim Ayres, Mayor, EXHIBIT "A" Description of Property [Attached Behind This Page] EXHIBIT "A" THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF LOT 18 OF H. T. HEWITT'S PLAT OF SAN JACINTO, AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 386 THEREOF, OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF FIRST STREET, NOW KNOWN AS SHAVER STREET AND MOUNTAIN AVENUE, AS SHOWN BY H. T. HEWITT'S PLAT OF SAN JACINTO, AS SHOWN EA' rUTAp ON FILE IN BOOK 8, PAGE 386 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; SAID INTERSECTION OF SAID CENTER LINES IS MARKED BY AN IRON PIN %" X 16"; THENCE WEST ON THE CENTER LINE OF SAID FIRST STREET, 121.22 FEET TO A POINT IN THE WEST BOUNDARY LINES (PRODUCED SOUTH TO THE CENTER OF THE STREET) OF LOT 18 IN SAID HEWITT'S PLAT; THENCE NORTH 0° 15' WEST ON THE WEST BOUNDARY LINE OF SAID LOT 18, A DISTANCE OF 610.28 FEET TO A POINT; THENCE EAST, 515.33 FEET TO A POINT; THENCE SOUTH 22° 18' WEST, 691.3 FEET TO THE CENTER LINE OF MOUNTAIN AVENUE; THENCE NORTH 45° 06' WEST ON THE CENTERLINE OF MOUNTAIN AVENUE, 182.55 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PORTION LYING WITHIN SHAVER STREET AND MOUNTAIN AVENUE. ALSO EXCEPT THEREFROM THAT PORTION CONVEYED TO THE SAN JACINTO UNIFIED SCHOOL DISTRICT SCHOOL FACILITIES CORPORATION BY GRANT DEED RECORDED DECEMBER 27, 1991, AS INSTRUMENT NO. 447031, OF OFFICIAL RECORDS. PARCEL 2: THAT PORTION OF LOT 18 OF H.T. HEWITT'S PLAT OF SAN JACINTO, AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 386 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF MOUNTAIN AVENUE, WHICH BEARS SOUTH 45° 06' EAST 182.55 FEET FROM THE INTERSECTION OF SAID CENTER LINE OF MOUNTAIN AVENUE WITH THE CENTER LINE OF FIRST STREET, AS SHOWN ON SAID MAP; THENCE NORTH 22° 18' EAST 976.41 FEET, MORE OR LESS, TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT; THENCE SOUTH 45° 06' EAST, ALONG THE NORTHEASTERLY LINE OF SAID LOT, 250 FEET; THENCE SOUTH 22° 13' WEST 976.41 FEET, MORE OR LESS, TO THE CENTER LINE OF MOUNTAIN AVENUE; THENCE NORTH 45° 06' WEST, ALONG THE CENTER LINE OF MOUNTAIN AVENUE, 250 FEET; TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PORTION IN MOUNTAIN AVENUE, AS SHOWN ON SAID MAP. ALSO EXCEPT THEREFROM THAT PORTION CONVEYED TO THE SAN JACINTO UNIFIED SCHOOL DISTRICT SCHOOL FACILITIES CORPORATION BY GRANT DEED RECORDED DECEMBER 27, 1991, AS INSTRUMENT NO. 447031, OF OFFICIAL RECORDS. PARCEL 3: THE WESTERLY 131.50 FEET OF THE NORTHERLY 220 FEET OF LOT 18 OF H. T. HEWITT'S PLAT OF SAN JACINTO, AS SHOWN BY MAP QN FILE IN BOOK 8, PAGE 386 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, SAID NORTHERLY 220 FEET BEING MEASURED FROM THE CENTER LINE OF SEVENTH STREET; EXCEPTING THEREFROM ANY PORTION THEREOF INCLUDED WITHIN SEVENTH STREET; SAID PROPERTY IS SHOWN AS A PORTION OF THAT CERTAIN NORTHWEST 5.09 ACRE PARCEL SHOWN ON RECORD OF SURVEY ENTITLED "MAP SHOWING THE RESUBDIVISION OF LOTS 15 AND 18 OF H. T. HEWITT'S PLAT OF SAN JACINTO, ON FILE IN BOOK 4, PAGE 13 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL 4: ALL THAT PORTION OF LOT 18 OF H. T. HEWITT'S PLAT OF SAN JACINTO, AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 386 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE CENTERLINE OF MOUNTAIN AVENUE, WHICH BEARS SOUTH 45° 06' 00" EAST, 182.55 FEET FROM THE INTERSECTION OF SAID MOUNTAIN AVENUE WITH THE CENTER LINE OF FIRST STREET, AS SHOWN ON SAID MAP; THENCE NORTH 32° 18' 00" EAST, 691.30 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING NORTH 22° 18' 00" EAST, 285.11 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT; THENCE NORTH 45° 06' 00" WEST ALONG SAID NORTHEASTERLY LINE; 180.82 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT; THENCE WEST ALONG THE NORTH LINE OF SAID LOT, 497.66 FEET TO THE NORTHWEST fORNER THEREOF; THENCE SOUTH 00° 15' 00" EAST ALONG THE WEST LINE OF SAID LOT, 391.52 FEET, MORE OR LESS, TO A POINT WHICH BEARS NORTH 00° 15' 00" WEST, 510.28 FEET FROM A POINT ON THE CENTER LINE OF FIRST STREET, WHICH POINT IS DISTANT 121.22 FEET WESTERLY FROM THE INTERSECTION OF SAID CENTER LINE OF FIRST STREET WITH THE CENTER LINE OF MOUNTAIN AVENUE, AS SHOWN ON SAID MAP; THENCE EAST, 515.33 FEET, MORE OR LESS, TO THE POINT OF BEGINNING; SAID PROPERTY IS ALSO SHOWN ON RECORD OF SURVEY SHOWING "MAP SHOWING THE RESUBDIVISION OF LOT 15 AND 18 OF H. T. HEWITT'S PLAT OF,SAN JACINTO," ON FILE IN BOOK 4, PAGE 13 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; EXCEPTING THEREFROM THE WESTERLY 131.50 FEET OF THE! NORTHERLY 220.00 FEET THEREOF, AS MEASURED FROM THE CENTER LINE OF SEVENTH STREET. ALSO EXCEPT THEREFROM THAT PORTION CONVEYED TO THE SAN JACINTO UNIFIED SCHOOL DISTRICT SCHOOL FACILITIES CORPORATION BY GRANT DEED RECORDED DECEMBER 27, 1991, AS INSTRUMENT NO. 447031, OF OFFICIAL RECORDS. T.R.A. 0/0-058 0/0- 059 POR. RO. SAN JAC/NTO V/EJO TH/S MAP /5 MAP ASSESSMENT PURPOSES ONLY MAY, /980 OBI netyery6Yk to and Yo' ry. pn$ca_ This is y es a co bnienkare al vivo . • AumtRked the d`.o;ti Noi.oivo. ,.ent s the land rn me: innd. arson. and cc reliance It ,�ke� m to reason Sof any 20 rI�N5 oe9'ricz MB. 8/51 Kum/er Ranch Tract Addition M.B. 8/386 Sl? H. T. Hewitt • Plat of San docinto im'hr J6 mar/.K M Dara,Rs. r/4J, R.tdr/16-6Y.Rz16I56 eslJ.6G6o ASSESSORS MAP' 8K 9,:3 FY... /8 RIVERSIDE MAP CAL/E AGENDA ITEM , 5-q July 1, 2004 TO: Mayor and City Council FROM: Peter Cosentini, City Manager SUBJECT: Riverside County Indian Gaming Local Community Benefit Committee (CBC) Agreements/Grant Funds — 2004-2005 for Fire Services; Police Services, Sand Ramona Expressway Road Improvements Design RECOMMENDATION: Staff recommends that the City Council: a) Approve and accept the grant funds in the following amounts: Fire Services $ 56,137.00 Police Services $160,123.00 Road Improvement Project $ 59,882.00 (Ramona Expressway Design) as sponsored by the Soboba Band of Luiserto Indians and certified by the Riverside County Indian Gaming Local Community; Benefit Committee, pursuant to California 2003 Senate Bill 621 Chapter 858; and b) Approve the City Managers execution of the Riverside County Indian Gaming Local Community Benefit Committee (CBC) Agreements/Grant Funds — 2004-2005 for Fire Services, Police Services, and Ramona Expressway Road Improvements Design, BACKGRQUND: During the past several years, the City has been involved with the Local Government Committee and the Tribal Alliance of Sovereign Indian Nations (TASIN) to secure funding from the Special Distribution Fund, a portion of which was designated to mitigate the impacts of Indian gaming on local governments. The Tribes which entered into compacts with the State of California were paying into this fund. During the last legislative cycle, the Legislature allocated $25 Million to be awarded to local governments impacted .by Indian Gaming. Of that amount, approximately $10.6 Million was allocated to Riverside County, to be distributed based upon Individual Tribal Casino Accounts. The Individual Tribal Casino Accounts were based upon the payments made by the Tribes that entered into the compacts. The total amount available for the Soboba Tribal Casino Account is $690,356.00, of which $652,248 is available for distribution to the impacted local governments through the 60% Nexus and 20% Non -Nexus categories. The remaining 20% was allocated toward Tribes that have Casino's, but do not pay into the Special Distribution Fund. Attachment A provides a breakdown of the funds by Tribal Casino Account. DISCUSSION: The City of San Jacinto submitted three applications to the Soboba Band of Luiseno Indians for sponsorship. The Tribe sponsored all three applications, which were then forwarded to the Indian Gaming Local Community Benefit Committee (CBC), for approval and certification. Two categories of funding were available for funding consideration, the 60% Nexus and the 20% Non -Nexus. To qualify for the 60% Nexus category, a local government had to meet the following criteria: ■ Located within four miles of a casino ■ Partially borders the casino land • Maintains a major highway or road leading to the casino ■ Fully borders the casino land if a local government meets all four of the criteria, it is eligible for 50% of the 60% Nexus category (only Palm Springs meets all four). If a local government meets three of the criteria, it is eligible for 30% of the 60%. Both San Jacinto and Riverside County meet three of the criteria, therefore, each are eligible for 30%. If a local government meets two of the criteria, it is eligible for 20% of the 60%, it is up to each local government to justify how it meets the criteria. Based upon the Nexus criteria, the City is eligible for 30% of the 60% Nexus category, as is the County. Since no other applications from other local governments were supported, the "waterfall clause" provided that the remaining 40% of the 60% be allocated evenly between the City and the County. The 60% Nexus Category was divided between the City of San Jacinto and the County of Riverside, due to the fact that both local governments met the same criteria. Only applications from San Jacinto and the County were supported by 2 the Tribe. The Tribe did not support any applications for the 20% Non -Nexus category. Therefore the CBC recommended the funds be divided evenly between San Jacinto and the County. Attachment B shows all of the applications supported by the Tribes, submitted to the CBC and the rankings. Page three of Attachment B, shows the applications supported by the Soboba Band of Luiseno Indians. Several of the projects submitted by the County were multi -year projects. The City did not submit multi- year projects this round, so that additional consideration could be given to programs or project to be funded. Projects funded, for the City of San Jacinto are shown in Table A. Road Improvements TABLE A Funds to mitigate fire services provided by San Jacinto when an engine responds to the Casino to assist patrons. Funds to mitigate police services impacts related to the Casino Funds to prepare the design for the Ramona Expressway Road Improvement Prdect *Only the design portion of the project was funded. The Agreements, included as Attachments C, D, and E, outline requirements, including the completion of an Audit to show that the funds are used to mitigate the impacts from the Casino. Also included are provisions that the funds cannot be used for any purpose that would support or fund, directly or indirectly, any effort related to opposition or challenge to Indian gaming in the state. Grants shall be terminated if utilized for the prohibited use. In addition, the recipient shall provide notice to the public, either through a slogan, signage, or other mechanism, which states that the local government project has received funding from the Indian Gaming Special Distribution Fund. $ 50,137 $160,123 The next step in the process is transmittal of the list of recommended projects to the State Controller's office. The list had to be submitted by June 25, 2004. The attached Agreements required review and signature by the City prior to the submittal of the list of projects to the State. The Agreements were received on Monday, June 21, 2004 and had to be returned to the County by Tuesday, June 22, 2004 to meet the State deadline of Friday, June 25, 2004. To ensure the City's allocation of funding, the City Manager executed the Agreements and forwarded them to the County. 3 The Board of Supervisors will approve the Agreements in July 2004. The Agreements will be effective for Fiscal Year 2004/2005. Additional information regarding the distribution of the funds will be forwarded to the City Council as soon as it becomes available. JUSTIFICATION: Funding awarded from the Special Distribution Fund must be used to mitigate the impacts related to the Casino. The City has identified impacts and submitted applications, that were supported by the Soboba Band of Luiseno Indians and certified by the Community Benefit Committee. The funding to be received will mitigate some of the existing Casino related impacts on the City of San Jacinto. BUDGETARY IMPACT: The City will realize a total of $276,142 to address impacts related to the Casino. Police and Fire services that are impacted by the Casino are funded by the City's General Fund. The funds will help offset the impact of Indian Gaming to the City's General Fund. ATTACHMENTS: ATTACHMENT A ATTACHMENT B ATTACHMENT C ATTACHMENT D ATTACHMENT E Individual Tribal Casino Account Amounts Applications Supported by the Soboba Band of Lulsetio Indians Agreement for Grant Funds — Fire Services Agreement for Grant Funds — Police Services Agreement for Grant Funds — Road Improvement Design 4 Individual Tribal Casino Accounts The State Controller has placed on their web page the allocations of each county regarding the distribution of SIN funds, pursuant to SB 621. These can be found at the following address: SOF Fund Distribution It Is our understanding that these are not final numbers due to some remaining questions, 4/29/2004 AMA CALIENTE CASINO 66Y, Nome Recommended AmaerIte ®➢Iles ,hirledlciloms 200505 2051107 2007N6 tden9Rs Aro. drrledloim N*d flooded Number of Yeas Ohm Samoa Boomed Reac4e Name Csmndral Clip Amount IUri551 11N 1 $ 5496 200905 AG 33 57,50 County 9hadll 1O Fs& dada, MIMI endePed Wads ere NhKtiiatMI5pdral vehicle Yr. 1-8541,450 Yr. 2.5159,4175 Yr. 3•SA00,Fri Yr 4.1506,971 Yr. A-L630,055 Total 6 Shedd' Omit rtilpmdda eddtlmat amppedlndsMh9, atch rose heaPk111,02bit not Bribed to. mw, IWlccphra.9pedel EMarcemni ltunau, Haerdoue Device Teem. Yr i.164t,460 Yr. 2. 6555075 yr. 9. prise 61 Yt. 4- 05,971 Yr. E-Sdad,053 Tutd 52,602.509 WA 1121,A81 W'A up to $653,975 up to 2580,351 up to 4803,971 0pio $899,053 AG25 57.2E Rancho Mope C0lremtary111f alp polre offices& to sestet the Shed!} m reatio tabled alb 41,087 1 46,5e7 58,527 WA WA Apt? C6os � ICIb' Emipna g to lemma *agrand m Reartr angtlrnout., Rral ''midland 5a tools, thermal "mpg camerae, andThesse equOment 5117,772 1 _ is recommencing 342,50 tan the Bps ReeeA Cmino account 9117,T72 WA WA 636,40E A0123 55.75 Bench:Adage Feu WNdsmmmted rader antis and Om bard -held lister unbend associated Patina for o1lcaa 5255I1 1 320511 828,111 td5k WA A025 54.Ta Raldm fffiasa ontakteb29Nr padvdm Belli Cmleblsd Breathing Appvelue $104000 1 3100,000 103,543 t9A R?A AG2A 81_76 Rancho Ntape Sired Improvements 4o 59e Rangy Rosa r Bob Rape Interests 10 Irkerdnnsa 1930,006 / Canty ur'�'�4 Petm purgeClrf-S a1,200; Cefiebfl koas 71,051 4; flendm NMOe • 71,C61,900 85a090 10 WA N4>, A01 61,00 . �.. County FIN girdle &of50 hgh fresaw Self. $m0,oeo . 1 32a491:0 WA tr0 tlfA. AGM 51.25 Cathedral City widening of the eedtay and mend/eppmediss grits north Lis of the Raman Road&i29c 8904000 1 Cv1I Rod* IOfc meld' 2,900,0W NIA NtA 80 AGM 50.Z Cacti Mend AtWmkq LNkonh2malrofom ft deputy DA, 1 sr. Inreatlse»r, 1 mpd Ifaasaitef Breeds of the three mega d ire musty end one oanyeidevkSrnMihmne edwold $1,149,490 5 The 1141e asekhg fud4 Sete MI Idbel accounts and Nem squat 1hdf Fmsram : arsardinsdf 5mi"on the mrat amplest receNW. Yr. 1-6961,159 Yr 2-i5a1,1S9 Yr 13501,153 Ye4-t581,193 Yr. f11391,1ds . Te2161,905.815 gg FM upb up to up to WI TOTAL 2004 5121,1351 6121911 436405 4535,076 3.9C0,351 3008571 Swarms tierroma M Crartr Ensnare mesa Nan& Agua CsIlenm Tribal Cufno Account 20% NmtNerna Reccmrnardad Arwood Yr. 2 2004f05 Yr. 5 - 200503 Yr. 4 2002207 Yr. 5 2007NE Avg. Jurisddlon Prokrdl Reeved N,mber of Years O5har Swraa Sponsored Armed ldentirler To cover appreaanabNs 200 hours of AG35 55.93 Desecl Hat Elga Pdlceafgar ove0me lheivmuld be dedicated to WSkmforcemeet $15,000 1 510,000 510,000 Salary for a drug pmrenllmracer io operate the dnrg eawarcfan program Staff isr wmmendInp the Ague Yr. 1-$51,210 Yr. 2-4M,210 Yr. 3- &.1,210 AO11 0.7.00 Palm Spdnge Poll® aimed et you'll. The program rester.561,210 s St B,B235an 331,957 531,337 531,317 *31,357 535,387 750 children each month a id 10 oTered FesahtWWo Yr.4-551,210 at no cost SO%eSpe 0T Aan eunt Yr. 5. 551,210 Total .b255,050 Yr. 1-551,210 Salary fora Pollen Activities League Yr. 2- 351,210 AG42 53.00 PalmrapnalsPelee OedaPAL) arrow. PA weekend 551210 5 Yr.4-1051210 �i,210 i51210 351,210 851,210 551210 youth programs, Yr. & 351,210 Tool 5255,050 Replacement of Fire Engine 445, Which at of palm Springsto Mnd AG40 43.40 Pain 9 slags p hetwem ha 6`pa aM servosIM major srlit corridors Agus CaOeMe Casinos 1 hi anted operating coal at b12,000 53505510 5226,294 Balancing and recmlEgurhg the AG37 47.33 Gourds Trraispadagm fnterrhenge a1 Palm tklverGen.Auhy $t,305000 1 S1,300,000 Trail - - Creation ere Linkers publlo safe* AG90 42.50 Crony Sheip Mailing racily al the Ben Clerk Pubic 11.000.000 1 80 Trahtlng Celle TOTAL 2004 3317,051 552J5W 553,557 352,557 552,557 praperedby ae,rlg Ease,hhe tbloe am % 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. NOTICES All correspondence and notices required or contemplated by this grant shall be delivered to t` respective parties at the addresses set forth below and are deemed submitted one day after the deposit in the United States mail, postage prepaid: Committee: County of Riverside Executive Office Attn: Ms. Jennifer Sargent 4080 Lemon Street, 4th Riverside, California 92501 Recipient: Mr. Peter Cosentini City of San Jacinto 201 E. Main Street San Jacinto, CA 92581 Or to such other address (es) as the parties may hereafter designate. 2. SOURCE AND SCOPE OF FUNDING A. This grant award ("Agreement") is valid and enforceable only if sufficient funds are available to the Committee from the California State's Indian Gaming Special Distribution Fund for the purposes of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the State of California, which may affect the provisions, terms, or funding of this Agreement in any manner. B. It is mutually agreed that if the State does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds. C. The Committee retains the option to amend this Agreement to reflect any reduction of funds. D. The grant funds shall be disbursed directly to the Recipient by the State Controller's Office. 3. TERM The term of this Agreement shall be from July 1, 2004, to and including June 30, 2005. This Agreement shall be subject to termination by the Committee immediately upon notice to the Recipient. Funds shall not be automatically renewed by the Committee upon or after the term of the Agreement except by either formal amendment or certified grants on multiyear basis as expressly approved by the Committee. 4. TERMINATION 1) Termination for cause: a. Due to Default or Breach of Agreement. Upon default by the Recipient in the performance of this Agreement or material breach of any of its provisions, Committee may, at the Committee's sole option, terminate this Agreement by written notice, which shall be effective upon receipt by Recipient. b. Due to State's Non -Appropriation. Termination may occur if no funds or insufficient funds are available for payments. Termination shall be effective immediately upon written notification of decrease or elimination of funds. 5. DEFINITIONS "Recipient" means any city, county, or special district to which an Agreement is awarded and which shall be accountable to the Committee for the use of funds provided. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. SCOPE OF WORK/PERFORMANCE AND REQUIREMENTS OF RECIPIENT A. Incorporation by Reference of the Application Submission of Recipient. The application submission of Recipient is hereby incorporated by reference to the extent that the application has not been altered or amended by the provisions of Attachment A hereto. B. Requirements per S.B. 621. (1) Recipient shall not use any part of this grant money for any purpose that would support or fund, directly or indirectly, any effort related to opposition or challenge to Indian gaming in the state, and, to the extent any awarded grant is utilized for any prohibited purpose by any local government, upon notice given to the county by any tribe from whose Individual Tribal Casino Account the awarded grant went toward that prohibited use, the grant shall terminate immediately and any moneys not yet used shall againbe, madeavailable for qualified nexus grants. (2) Recipient shall provide notice to the public, either through a slogan, signage, or other mechanism, which states that the local government project has received funding from the Indian Gaming Special Distribution Fund and which further identifies the particular Individual Tribal Casino Account from which the grant derives. For Recipients of the 20% discretionary grants from non-SDF-paying tribes, a list of all eight paying tribes shall be credited on such public notice. 7. REIMBURSEMENT OF FUNDS Notwithstanding any other provision herein, Recipient agrees to reimburse, in full, any and all funds received from the State Controller's Office, upon request of the Committee, where such funds as determined by the Committee are not, or have not been utilized by Recipient for their purpose as intended by SB 621. The terms and conditions of reimbursement shall be the sole discretion of the Committee and/or the state. 8. FISCAL AUDIT, REPORT AND RECORDS A. Every Recipient of funds shall provide a copy of their annual financial audit to the Committee covering the fiscal year that funds are received or services provided pursuant to this Agreement. Such audit shall be performed by an independent auditor, using generally accepted accounting principles. B. Every Recipient of funds shall provide a report of service performed as related to the use of grant moneys to the Committee on an annual basis. Such report shall contain all information required to enable the Committee to perform its duties. C. Such financial audits and reports of service performed shall be submitted to the Committee Chairperson, or designee, on or before February 15, 2005. D. The Committee reserves the right to conduct its own audit regarding the use of grant moneys by the Recipient. E. Every three years the State Auditor shall conduct an audit regarding the allotment and use of moneys from the Indian Gaming Special Distribution Fund by the Recipient of the grant moneys. Recipient shall fully cooperate with this audit and shall provide all requested information and/or documentation. F. Recipient shall retain such reports, and all records associated with this Agreement for at least five (5) years following the close of the fiscal year in which this Agreement is in effect or until any county, state or federal audit are completed, whichever is later. This obligation is not 3 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 terminated upon termination of this Agreement, whether by recession or otherwise. Recipi€ agrees to require any subcontractors to retain all records associated with the Agreement for the same time period. G. Books and records shall be maintained in accordance with general accounting standards for books and record keeping. 9. PUBLIC DISCLOSURE OF DOCUMENTS Recipient acknowledges and agrees that information, communications, and documents given by or to the Committee, and meetings involving Committee members, or staff may be subject to applicable law on public disclosures and/or public meetings. Recipient shall use its best efforts to cooperate with the Committee in order that it may fully comply with the requirements of such laws and regulations. 10. GOVERNING LAW AND VENUE A. This Agreement, and its construction and interpretation as to validity, performance and breach shall be construed under the laws of the State of California. In the event any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. B. The provision of the Government Claims Act (Government Code Section 900 et seq.) must be followed first for any disputes under this Agreement. C. All actions and proceedings arising in connection with this Agreement shall be tried and litigated exclusively in state or federal (if permitted by law and a party elects to file an acti=' in federal court) courts located in the County of Riverside, State of California. 11. SUBCONTRACTOR FOR WORK OR SERVICES A. Committee does not recognize subcontractors under this Agreement. Committee holds Recipient solely responsible for the performance of all duties and obligations under this Agreement. Recipient agrees and understands that Committee does not enter into, or assume any legal relationship with any subcontractor of Recipient for performance under this Agreement. Recipient agrees to remedy any and all breaches of any agreements with any subcontractor, and further agrees that Recipient may not look to Committee for any payment, liability, or assistance in the remedy of any actual or alleged breach. B. Any and all subcontractor(s) shall conform to all requirements of the Committee and any Agreement between the Recipient and Committee. Copies of subcontractor agreements between participating third parties, if any, and Recipient, shall be submitted to the Committee within 30 calendar days from the start date of the Agreement. C. An organizational chart should be provided by Recipient for any new Agreement term illustrating the roles and responsibilities of each subcontractor. Copies of all subcontractor permits, employee licenses or business, state and/or clinic licenses shall be on file with the Recipient in order for the subcontractor to perform the proposed services. Subcontractor agreements shall be updated each Agreement term. 12. INDEPENDENT CONTRACTOR It is understood and agreed that Recipient is an independent contractor and that no relationship of employer -employee exists between the Recipient and Committee. Neither Recipient, nor Recipient's officers, agents, employees or subcontractors, shall be entitled to any benefits payable to employees of Committee, including Worker's Compensation. Recipient agrees to indemnify and hold harmless the Committee for any cost or expense the Committee may incur as a result of any claim wherein the 4 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 claimant alleges any employee / employer relationship exists between the Claimant and the Committee. 13. INDEMNIFICATION Recipient shall indemnify and hold harmless the Committee from any liability whatsoever, including but not limited to, property damage, bodily injury, or death, based or asserted upon any services of Recipient, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement and Recipient shall defend at its sole expense and pay all costs and fees, including but not limited to, attorney fees, cost of investigation, defense and settlements or awards, on behalf of the Committee in any claim or action based upon such liability. With respect to any action or claim subject to indemnification herein by Recipient, Recipient shall, at their sole cost, have the right to use counsel of their choice and shall have the right toadjust, settle, or compromise any such action or claim without the prior consent of Committee; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes Recipient's indemnification to the Committee as set forth herein. Recipient's obligation hereunder shall be satisfied when Recipient has provided Committee the appropriate form of dismissal relieving the Committee from any liability for the action or claim involved. The specified insurance limits required in this Agreement shall in no way limit or circumscribe Recipient's obligations to indemnify and hold harmless the Committee herein from third party claims. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the Recipient from indemnifying the Committee to the fullest extent allowed by law. 14. INSURANCE Without limiting or diminishing the Recipient's obligation to indemnify or hold the Committee harmless, Recipient shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage's during the term of this Agreement. A. Workers' Compensation: If the Recipient has employees as defined by the State of California, the Recipient shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of the Committee, and, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement. B. Commercial General Liability: Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products and completed operations liability, personal and advertising injury, cross 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 liability coverage and employment practices liability, covering claims which may arise from or out of Recipient's performance of its obligations hereunder. Policy shall name the CEommittee as an Additior' Insured. Policy's limit of liability shall not be less than $1,000,000 per occurence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. C. Vehicle Liability: If Recipient's vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then Recipient shall maintain liability insurance for all owned, non -owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the Committee as an Additional Insured. D. General Insurance Provisions - All lines: 1) Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by Riverside County Risk Manager. If the County's Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. 2) The Recipient's insurance carrier(s) must declare its insurance deductibles or self -insured retentions. If such deductibles or self -insured retentions exceed $500,000 per occurrence such deductibles and/or retentions shall have the prior written consent of the County of Riverside's RiE Manager before the commencement of operations under this Agreement. Upon notification of deductibles or self insured retention's unacceptable to the Committee, and at the election of the Country's Risk Manager, Recipient's carriers shall either; 1) reduce or eliminate such deductibles or self -insured retention's as respects this Agreement with the Committee, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. 3) Recipient shall cause Recipient's insurance carrier(s) to furnish the County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the Committee receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage's set forth herein and the insurance required herein is in full force and effect. Recipient shall not commence operations until the Committee has been furnished original Certificate (s) of Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section:' An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance. 6 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4) It is understood and agreed to by the parties hereto and the insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary insurance, and the Committee's insurance and/or deductibles and/or self -insured retention's or self - insured programs shall not be construed as contributory. 5) Recipient shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement. 6) The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to the Committee. 7) Recipient agrees to notify Committee of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement. 15. ASSIGNMENT This Agreement shall not be assigned by Recipient, either in whole or in part, without prior written consent of Committee, as approved and authorized by formal action of the Committee. 16. ALTERATION AND/OR AMENDMENT No alteration, amendment, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. Only the Committee, by formal action, may authorize any alteration or revision to this Agreement on behalf of the Committee. The parties expressly recognize that individual Committee members, advisory committee members, or staff to the Committee is without authorization to either change or waive any requirements of this Agreement without formal action of the Committee. 17. WAIVER AND SEVERABILITY Any waiver by Committee of any breach of any one (1) or more terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same term of any other term herein. In the event any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 18. OFFICIAL DOCUMENTS Upon the Agreement approval by the Committee, one (1) completed set of this document will be sent to the Recipient. Such copy shall be the officially approved Agreement for the conduct of the approved project. 19. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties hereto with respect to the subject matter hereof and all prior or contemporaneous Agreements of any kind of nature relating to the same shall be deemed to be merged herein. Any modifications to the terms of this Agreement shall be by the provisions of the section entitled "Alteration and/or amendment" herein. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20. CERTIFICATION OF AUTHORITY TO EXECUTE THIS AGREEMENT Recipient certifies that the individual signing herein has authority to execute this Agreement on bell of Recipient, and may legally bind Recipient to the terms and conditions of this Agreement, and any attachments hereto. 21. COMPLIANCE WITH LAW Recipient shall, at its sole cost and expense, comply with all County, State, and Federal law now in force or which may hereafter be in force with regard to this Agreement. The judgment of any court of competent jurisdiction, or the admission of Recipient in any action against Recipient, whether Committee be a party thereto or not, that Recipient has violated any such ordinance or statute, shall be conclusive of that fact as between Recipient and Committee. 22. CONFLICTS IN INTERPRETATION In the event of conflict in interpretation by the parties of the provisions contained in the numbered sections of this Agreement and the provisions contained in the Attachments hereto, the provisions of the numbered sections of this Agreement shall prevail over those in Attachments hereto. 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT A: SCOPE OF WORK/PERFORMANCE TARGET OUTLINE G: tPropertylMTranISB621 Grant AgreetnentlFinal draft.doc 9 AGENDA REGULAR MEETING of the SAN JACINTO REDEVELOPMENT AGENCY JULY 1, 2004 immediately Following the Regular City Council Meeting San Jacinto Unified School District Board Room'• 2045 South San Jacinto Avenue, San Jacinto, California ORGANIZATION Call to Order Roll Call PUBLIC COMMENTS None PUBLIC HEARING: Now is the time for the public to address:the:Agency on any subject not listed on the agenda: Any person may address the Agency onany subject pertaining to Redevelopment Agency -business not listed bri the Agenda during'this portion of the' Meeting. 'A. limitation of three "(3) minutes shall be set, for each person T. desiring to uddress the Agency Directors, CITY DEPARTMENTS None CONSENT CALENDAR The matters listed under Consent Calendar are considered routine and will be enacted by one motion by Agency Members in the form listed: There will be no separate discussion on these items prior to the motion:unless members of the Redevelopment Agency, staff or the public requests a specified item be removed and/or discussed. Anyone wishing to discuss a consent calendar item should come forward upon invitation of the Agency Chairman; state their name, address and the consent calendar item number. Speakers. should limit comments to:three (3) minutes. 5.1 June 1, 2004 Regular Meeting Minutes / Approve / Agency Secretary Redevelopment Agency. Agenda July 1, 2004' Page 2 of 2 6. CHAIRPERSON / MEMBER REPORTS /DISCUSSIONS None 7. OPEN SESSIONANNOUNCEMENTS CLOSED SESSION: 7.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS CaliforniaGovernment Code Section 54956.8 Property: Assessor Parcel Number (APN) 439-110-093 Agency Negotiator: Peter A. Cosentini, RDA Executive Director Negotiating Parties: Joe Meyer doing business as San Jacinto LLC Under Negotiation: Price and Terms of Payment ADJOURNMENT '7, Voact4 4 eloae:eand, Seezet'an4 4 de Sa c:Paceito Recleueecimeeett,,fyeeteet, do dece4rty teen* that 1 caaaed to 6e boated the oiny a9e4da de 2,544 dacy o . uare: EON. etc ley/c ed taw: Sari?Jactnto;lJriified Scliool District Board Room 5 5o itli San;Jaento=Pvenue, San Jacinto, Califot e error-s RPERSON J MEMBER REPORTS 1, DISCUSSIO eveipprneri ouiriar MINUTES corramo ON (-Or-EP N (nrYloLoikd REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL JULY 1, 2004, 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 Mayor Jim Ayres called the regular meeting of the San Jacinto City Council to order at 7:10 pm. Roll Call Present: Ayres, Stubblefield, Shaw, Conner , Chris Absent: 1.3 Invocation — Rev. Bob Sauter, Faith Tabernacle, San Jacinto 1.4 Pledge of Allegiance Vice 1.5 Special Presentations 1.5.1 PAL (Police Activities League) building update / Appropriation for additional $60,000 from Park Development Fees to complete the building / Approve / Community Development Director Tim- - Advance Construction, local in valley 3499, no drywall, paint, windows, 48X48 boxing area, restrooms 91/2' ceilings, interior walls, prejob meeting 8:00 am Salee Park, couple of obstucticles; sewer line so can't use orig location. Have to remove tree and remove horseshoe pits; appropriation to finish bldg; 60,000 would finish incl mechanical from park funds; upon exec, for Mayor to sign; Conner - wood frame, stucco? Tim yes on slab; conner drawings Tim yes ? security — need tim what we have in other buildings Ken — can pw do any of the work; doing everything with contractor/tim Tim 90-120 days Chris — commendable for less than $50/sq ft ready to make a motion. aLik City Council Minutes July 1, 2004 Page 2 of 10 Chris moved approve allocation of $60,000 from parks funds Shaw 2nd passes 5/0 2. PUBLIC COMMENTS: Now is the time for the public to address the Council on any subject within the jurisdiction of the City Council not listed on the agenda. A limitation of three (3) minutes shall be set for each person desiring to address the City Council. 3. PUBLIC HEARING (\ 3.1 Resolution No. v/ a Resolution authorizing City Manager or Finance Director to execute Agreement for Security Deposits in lieu of Retention Agreements pursuant to Public Contract Code 22300; and authorize establishment of an annual administration fee for all new escrow agreements for security in lieu of retention / Approve and Adopt following Public Hearing / Finance Director Finance Director Bernie Simon gave the staff report. The contractor under public contract code 22300 they have these options: one now at sewer lift station; waqnt to est procedulwe and fee number of hrs, of staff time. We have suggested annuali3 5(�feo; also with city atty recommended a form and it is incl. Page 2 was missing from resol and it is in the handout. 3`d party fees — have to be paid by contractor. Again only applies to public contracts; duly published. Recommend adoption of resol. Chris — public works contracts — won't they charge that back to the city, Bernie probably if savy 7:23 pub hrg 7:24 closed no comments Conner - Moved to approve Ayres 2nd passes 5/0 3.2 Ordinance No. 04-14 / An Urgency Ordinance of the City Council of the City of San Jacinto, California, Increasing Signalization Development Impact Fees / Approve and adopt following public hearing (passage by 4/5 vote takes effect immediately) / City Engineer and City Attorney Habib Motlagh gave staff report; raises signal fees for signalization from 150 to 223.19 for single family housing, signal funds very low and unable to reimburse developer quickly. Conner ? reimbursement, questioned that if example give would collect $50,000 and the cost would be $125,000, Habib expl all signal fees waived and balance reimbursed City Council Minutes July 1, 2004 Page 3 of 10 up to $100,000, over $100,000 developer his dime. Habib have notified development community and haven't had any feedback. Publ hearing 7:28 opened. Closed 7:29 Ayres expl working to update fees structure,. Chris moved to approve Dale 2nd passes 5/0 4. CITY DEPARTMENTS 4.1 Resolution No. / A resolution certifying the results of an election and adding property to Community Facilities District No. 2003-1- Annexation No. 4A / Approve and Adopt / Special Tax Consultant and City Attorney Atty Brown gave staff report. Portion of previous annexation. Did the right thing to continue them. Recommendation to continue Western Pacific. Reviewed identification of new maps. 7:31 no public comments cont western pacific housing closed7:32. passes 9-2 more than 2/3 ok / John Brown Dale motion to approve 2nd Conner passes 5/0 4.2 Estudillo Mansion Committee Vacancy / Selection of ad hoc committee to review applications, interview applicants and make recommendation to Council / City Clerk Mayor recommend subcomm to do interview. Chris concurred, Dale and Conner willing to do it, disc of residents or outside. Resol amended 3 non residents. Ayres moved Shaw 2nd passes 5/0. 4.3 Lake Park Drive Well / Modifications to pumping capacity / Approve upgrades to the pumping capacity of Lake Park Drive Well and Appropriate additional funding in the amount of $200,000 for pump, stand-by generator, and motor control center / City Engineer Habib asked to cont to 7/15 Ayres moved Chris 2nd passes 5/0 4.4 Public Policy Issue: Lakes and Residential Developments / Adopt recommendation for Council to approve a policy decision to not allow lakes in the City / City Manager City Manager Peter Cosentini recommend policy not to allow as documented. Brought to light because of developer prefers to do lake in flood area and cost to bring in dirt is $6 mil. Also, concerned about sewer water used to fill. City Council Minutes July 1, 2004 Page 4 of 10 1) Sewage afluint — community image expl 'ick factor' — immagnine the names for SJ if CC choses to imbrace. 2) Attractive nuiance — esp children , becomes public health and safety; visited one in Temecula posted do not drink and wash hands after contact 3) Inherit responsibility being avoided sewer owner — growing more and more restrictive; fear factor EMWD should be taking the cost not homeowners — transfer of responsibility. City could inherit if HOA's abandon, the city can challenge legally but because of voting strength of these becomes difficult for cc to deny 4) Potable water — participating with ground water plan, no excess and potential critical; need to recharge with expensive imported water; 12 acre lake 50' evaporation and seepage is same as same area for park. 5) Pit process — if economy dives — project not built. Exp to be $400,000-to'/z mil more likely to be sensitive to economy downs shared experience in Hemet and asked that it not happen here. If allowed will cause proliferation other developers will do same. 6) Fear factor — his research — tour with Mr. Glen , gave other names regarding Logo del Sol. The concern is techneclogy not available to identify potential health hazards for humans from affluent sewage. Cosentini summarized points. Conner — I don't know that developer is going to pocket that much money. Brown explained what is being used in Lake Elsinore — combination of water. At the corner of sanderson and expressway 20 dirt haulers in 1 minute. Another issues is dust from haulers; golf courses would like to use affluent churcerarcy treated; we create affluent and we need to take care of it. Has reservations about comments — doesn't believe it is all bad. Ayres — commented on gravel trucks; we're short, we're low on dirt; think it creates a unique project. Chris — wanted to put this forward and didn't expect conclusions; need to keep affluent as part of the recharge; water conservation and recycling water; treashory is cleaner than thinks lots of prejudice in report; think there is ways to secure with bonds, etc; would like to have some engineering comments; would like have process with right professionals; go in with open mind; and develop conclusions based on objective reviews. We need to give choices and not just urban sprall of all 7200 sq ft lots. Atty has some. Dale — concurred with conner and Carlson-Buydos; agrees to enhance community and importance; ? Menifee Lakes Mayor — same water as proposed ; appreciate report believes bias in it and need to review on case by case basis. Shaw — willing to keep this open and discuss it. Jeff CSL Engineering; did the planning that brought this to light; not new concept in Inland Empire; 50 acres — meniffe 4 lakes; communities that people want to live in; City Council Minutes July 1, 2004 Page 5 of 10 gave some examples. Frank Webb with Dolphin Capital — putting treated water; EMWD supports; initial filling from well water; We think this is an upscale development; up to 16' boats, no gas powered; Harlan Glenn resume — Mayor has — know about water; agreed to gated community; developers not doing to just to save money; fishing available; people love water. Generic idea to look at what is going on. Frank Webb — Dolphin Capital manager — Murrieta CA. Harlan Glenn academic background — couldn't be here tonight; highlighted some of the accomplishments he has done. Knows lakes - ? opposition. Glenn similar issues any time goes into new area. EMWD will have trucery in approx 2006. If and when available they would like to have a place to put it. Gov law as to what you can and can't do with reclaimed water. According to Glenn — expl the evaporation and the rate and how it compares to single family useage. Turchery in org cnty pumped into ground water because less salinity. Safetiy issues — lake safety- children drown more in pools; if you fence then there is an illusion of safety and kids are not watched and then they are. No substitute for parents watching children. Temecula — Harvaston all truchery water- after 1 yr stublization Temecula will take over. A lake is living breathing eco system; accomplish something new and different in this area; urge cc tonight to meet Harlan — he is weak substitute.appreciates cc willingness to him. Mayor — sensitivity of project — what is timeline of decision about lakes; Frank — can't be delayed for much longer and that it will take longer while sj studies it. It is a way to set yourself apart from other inland empire communities; still wants to participate in work study sessions; couldn't come up with negatives for lakes. Conner ? to Webb — 600,000 cubic yds to import; disc cost; form S&D Dairy on Expressway. Chris this is not the only project out there. Webb passed out maps of their proposed project. The ponds are already here; type of securities; safety, overall ecology; etc. ? model community lakes — Harlan would know according to Webb. Webb — hoa required to hire competent water/lake management — certified lake management; Conner — 12 acre foot; there are probably about 50 acre there now with dairy. Webb noted that is not treated water; 2 wells — one not using —gave amount being pumped; have very high ground water level. Series of concentric wells — water to dewater; water was to be used from lake to water landscaping. Chris - ? project with lake. Webb — staff has been helpful the difficulty is that sj is very busy; posting requirements need in addition to after study; engineering, etc. very difficult; happy to do pilot project for city. Ayres - ? for Lavin — anything to add — thoughts from Bob — hasn't dealt with lake in city; some experience with using reclaimed water City Council Minutes July 1, 2004 Page r, of 10 Chris ? Tim what would you be looking for Tim didn't ask what it does existing resources: i.e. no water to fill with presently. John Brown — suggested that it could be conditioned to not be filled with potable water. Tim — purged water table that they would be working with Brown - on series on monitoring and mitigation impacts. Chris — likes something different to provide different choices; proximity to plant; disc. is this something we want to entertain; she believes it is possible; subcommittee review; John — can direct staff to do feasibility study on something they would recommend. Cost — candid of developer to review cost to bring in dirt vs doing lake; there is significant cost; what contributions cc would be comfortable with; Habib — doesn't have lot experience; some with Meniffee lake; the water table — is an expensive proposition; cautious drainage runoff — standards are different. Application he saw was short of amenities for lake — basicly saw perimeter. Webb - they proposed club house with amenities; 2 parks to be used for fishing — recognize they were short; because of out of time didn't continue to add. Chris move CC not disallow lakes in time for July predevlopmt mtg; outline issues; with prelim and city aty office — Steve Johnson water consultant and get information dialogue; particular appliciant might not be the pilot project. July 21st Dale 2nd Passes 5/0 4.5 Council Policy on setting dates for special events, sub-comChrismittee meetings, neighborhood meetings, groundbreakings, and grand openings, and other similar events / Adopt policy as outlined in staff report / City Manager Came to 2 categories; with strong convictions from one could be kicked to full CC Bid award determine if ground breaking and set time and place; city sponsored vs developer sponsored. Separate public and private already set 3 estudillo; reposo neighborhood mtg July 10, ray miner — dairy queen tomorrow Ayres moved to approve as presented. Chris suggested all 5 are consulted and 3 a go in present. Needs informed not last minute. Shaw 2"d passes 5/0. 4.6 Review of Quasi -Judicial Acts (Tentative Maps, CUPs, etc) by City Council / Approve and Adopt introduction and first reading of Ordinance No. An Ordinance adding section 2.32.080 of the San Jacinto Municipal Code relating to the Functions of the Planning Commission; and by further City Council Minutes July 1, 2004 Page 7 of 10 motion read by title only: An Ordinance of the City Council of the City of San Jacinto, California, adding Section 2.32.080 of the San Jacinto Municipal Code relating to the Functions of the Planning Commission Brown staff report - pretty self explanatory. Certain development approvals ought to come to CC for consideration; finding CC with a piece of puzzle — ping comm. acts without all their actions to cc. CC would see several in concert together; has been asked — and it would give cc whole process and would make process longer; after disc could make process more complicated if scheduling redone might not. Ken — appears less background in planning; how much does this usurp the ping comm.. do they become name only. I don't see cc has suffered. Attended San Diego ping mtg they felt that they were there but not really. Ayres — another level of process that sub comm. with 2 ping comm. and 2 cc. Gives developer chance to have heads up. Doesn't think that should go away. Feels if on ping comm. if I'm really necessary. Dale — the fortune to talk to Tim and Jeff; it could be perceived adding to process but believes it could be fluent; doesn't see limiting of the plgn comm. powers; problematic if there is a problem. Rely on predevelopment team; i.e. lakes should have gone to team; concern need teamwork incl ping comm.; Chris was not trying to degrade ping comm.; believes current ping comm. best one sj has ever had. Not all projects go through develpmt comm.. gives cc project in entirety; doesn't like to weigh in on some pieces. frustating not to be able to talk about whole project Conner — ping comm. hasn't always had experience the current ping comm.; need to see whole project. Chris moved to approve Conner 2nd John read ord title passes 4/1 Ayres dissenting 4.7 Council's Goals Process / City Manager Chris — suggested doing through a -mails informally. Peter ok with that. Ayres projects to Mgr for July 9t" mgr completed list to cc for review City Council Minutes July 1, 2004 Page 8 of 10 5. CONSENT CALENDAR 5.1 Warrant 07/01/04 / Approve / Finance Director 5.2 June 17, 2004 Minutes / Approve / City Clerk 5.3 Treasurer's Report at May 31, 2004 / Approve / Finance Director 5.4 Acceptance of Supplemental Agreement for the use of Community Development Grant (CDBG) funds for FY 2004-2005 / Approve and authorize the Mayor to execute the agreement / Redevelopment Operations Manager 5.5 Ramona Boulevard / Sanderson Avenue Waterline — Project No. 02-008 (Phase II) / Approve Notice of Completion and authorize release of retention in the amount of $52,621.92, thirty days after recordation of the Notice of Completion 5.6 Resolution No. / A Resolution extending the time period in which the Redevelopment Agency of the City of San Jacinto may develop certain property acquired with Low Mod Housing Funds / Approve and Adopt / Redevelopment Operations Manager 5.7 Delinquency Reports for 1915 Act Districts and Community Facilities District where bonds issued / Accept and File / Finance Director 5.8 Memorandum of Understanding for Joint Monitoring of Emergency Ambulance Services / Approve and authorize the Mayor to execute MOU / City Manager 5.9 Riverside County Indian Gaming Local Community Benefit Committee (CBC) Agreements / Grant Funds — 2004-2005 for Fire Services, Police Services, and Ramona Expressway Road Improvements Design / Approve and Accept Grant Funds and Authorize City Manager to execute agreement / City Manager Conner 5.4 Clerk 5.2 pulled Ayres motion to approve and balance, Chris 2nd passes 5/0 5.4 CDBG Funds — program museum relocation — is it relocating or bldg at new location. Ayres too late to change this. Conner doesn't remember when this. / Tim - CC made choices — reported to cnty in Feb. Peter reviewed his recollection Dale — recalled that museum wanted to build bldg; warnake still working with est man comm. to make it happen. Chris — museum not in mansion; parking, etc. Megan Brown — mtgs from City Council Minutes July 1, 2004 Page 9 of 10 Washington — application processor — Tim still hasn't received anything. Ayres it is just a place holder. 5.4 ConnerChris 2nd passes 5/0 9:18 RDA recessed pull 5.1 pulled city clerk I think that is a typo — should have been 5.2 recessed 9.20 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 6.1 Fund raiser for San Jacinto Police Activities League (PAL) — City sponsored golf tournament / Mayor /Mayor Pal Director Myra Wood's suggestion. Ken commented before meeting enormous amount of work; and potential Ig cost to city; following that dis suggestion pancake breakfast - raise more money with less effort. According to Greg Hillas need operations money. Suggested letter to special event Saturday am sept or oct coord with fire and police. Might work with dedication of bldg. Came out of public safety mtg. Location CDF would be great location. Conner — used to do that on Main St. has gone away. Nucleus of 10 people need to put golf thng together. Pancake not big money maker. Properly organized gold would raise more. Ken — he and peter met with hemet and valley restart and cnty; money req maybe later. Operations still going even if sold. Valley restart asking for help Conner - none Stubblefield — apologized for unable to be at budget adoption; estud man mtg on wed — excited july 3`d event — vendors, parade entries, concert, Chris — follow up mtg with ; water mtg this week, VEDC mtgs, rancho san Jacinto bond improvements, Mayor - Dairy Queen and Java Hut ground breaing Est express — ave 1000 passenger/mo asked to get another one on west end. Randy Willliams for parade report. Significant changes - on 3rd, evening event; start 6 pm 3 flyovers, about same no of participants; instead of 2 announcing will have 3; event will be filled KHEM; mansion — start before parade and during and after instead of just after. 40 vendors, tours of mansion; beer garden by Masonic lodge; awards immediately after parade. City Council Minutes July 1, 2004 Page 10 of Recess into closed session 9:34 p.m. CLOSED SESSION 7.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: APN Nos. 431-050-020; 431-050-016 & 431-050-014 Agency negotiator: City Engineer Negotiating parties: City of San Jacinto and Randolph A. Record, Anne M. Record, J. Phillip Galloway, Katherine E. Galloway, Anthony Iacono, Germaine Iacono Under negotiation: Price and Terms 7.2 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (One case) 8. ADJOURNMENT 10 ";" iroI'k,y `S MAYOR'S AGENDA REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL July 1, 2004, 7:00 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California 1. ORGANIZATION 1.1 CaII to Order ❑ Call meeting to order at p.m. 1.2 Roll Call 1.3 Invocation — Rev. Bob Sauter, Faith Tabernacle, San Jacinto ❑ Call on Rev. Sauter to lead invocation. 1.4 Pledge of Allegiance 1.5 Call on _\JIC to lead the Pledge of Allegiance 1.5.1 PAL (Police Activities League) building update / Appropriation for additional $60,000 from Park Development Fees to complete the building / Approve / Community Development Director ❑ Call on Community Development Direct Tim Hults to give the staff report ❑ Call for Public comment ❑ Call for Council discussion ❑ Call for motion and vote 2. PUBLIC COMMENTS: Now is the time for the public to address the Council on any subject within the jurisdiction of the City Council not listed on the agenda. A limitation of three (3) minutes shall be set for each person desiring to address the City Council 3. PUBLIC HEARING 3.1 Resolution No. Z / a Resolution authorizing City Manager or Finance Director to execute Agreement for Security Deposits in lieu of Retention Agreements pursuant to Public Contract Code 22300; and authorize establishment of an annual administration fee for all new escrow agreements for security in lieu of retention / Approve and Adopt following Public Hearing / Finance Director 0 Call on Finance Director Bernie Simon for staff report O Open Public Hearing at p.m. ❑ Take public comments O Close Public Hearing at p.m. ❑ Call for Council discussion ❑ Call for motion and vote 3.2 Ordinance No. 04-14 / An Urgency Ordinance of the City Council of the City of San Jacinto, California, Increasing Signalization Development Impact Fees / Approve and adopt following public hearing (passage by 4/5 vote takes effect immediately) / City Engineer and City Attorney ❑ Call on City Attorney John Brown and City Engineer Motlagh for staff report ❑ Open Public Hearing at p.m. ❑ Take public comments ❑ Close Public Hearing at p.m. ❑ Call for Council discussion ❑ Call for motion and vote 4. CITY DEPARTMENTS 4.1 Resolution No.2, A resolution certifying the results of an election and adding property to Community Facilities District No. 2003-1- Annexation No. 4A / Approve and Adopt / Special Tax Consultant and City Attorney Note: Western Pacific Housing has to be continued. ❑ Call on City Attorney John Brown for staff report ❑ Open Public Hearing at p.m. ❑ Continue Western Pacific Housing ❑ Take public comments ❑ Close Public Hearing at p.m. ❑ Call for Council discussion ❑ CaII on City Clerk Chouinard to open ballots and certify the results ❑ Call for motion and vote 4.2 Estudillo Mansion Committee Vacancy / Selection of ad hoc committee to review applications, interview applicants and make recommendation to Council / City Clerk Mayor's Agenda July 1, 2004 Page 2 of 6 ❑ Call on City Clerk Dorothy Chouinard for staff report ❑ Call for Council discussion ❑ Call for motion and vote 4.3 Lake Park Drive Well / Modifications to pumping capacity / Approve upgrades to the pumping capacity of Lake Park Drive Well and Appropriate additional funding in the amount of $200,000 for pump, stand-by generator, and motor control center / City Engineer ❑ Call on City Engineer Habib Motlagh for staff report ❑ Take public comments ❑ Call for Council discussion ❑ Call for motion and vote 4.4 Public Policy Issue: Lakes and Residential Developments / Adopt recommendation for Council to approve a policy decision to not allow lakes in the City / City Manager ❑ Call on City Manager Peter Cosentini for staff report ❑ Take public comments ❑ Call for Council discussion ❑ Call for motion and vote 4.5 Council Policy on setting dates for special events, sub -committee meetings, neighborhood meetings, groundbreakings, and grand openings, and other similar events / Adopt policy as outlined in staff report / City Manager ❑ Call on City Manager Cosentini for staff report ❑ Take public comments ❑ Call for Council discussion ❑ Call for motion and vote 4.6 Review of Quasi -Judicial Acts (Tentative Maps, CUPs, etc) by City Council / Approve a d Adopt introduction and first reading of Ordinance No. i fAn Ordinance adding section 2.32.080 of the San Jacinto Municipal ode relating to the Functions of the Planning Commission; and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto, California, adding Section 2.32.080 of the San Mayor's Agenda July I, 2004 Page 3 of 6 Jacinto Municipal Code relating to the Functions of the Planning Commission ❑ Call on City Attorney Brown for staff report ❑ Take public comments ❑ Call for Council discussion ❑ Call for motion and vote 4.7 Council's Goals Process / City Manager ❑ Call on City Manager Cosentini ❑ Call for Council discussion ❑ Call for motion and vote if required 5. CONSENT CALENDAR The matters listed under Consent Calendar are considered routine and will be enacted by one motion by City Council Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the City Council, staff or the public requests a specified item be removed and/or discussed. Anyone wishing to discuss a consent calendar item should come forward upon invitation of the Mayor; state their name and address, and the consent calendar item number. Speakers should limit comments to three (3) minutes. 5.1 Warrant 07/01/04 / Approve / Finance Director 5.2 June 17, 2004 Minutes / Approve / City Clerk 5.3 Treasurer's Report at May 31, 2004 / Approve / Finance Director 5.4 Acceptance of Supplemental Agreement for the use of Community Development Grant (CDBG) funds for FY 2004-2005 / Approve and authorize the Mayor to execute the agreement / Redevelopment Operations Manager 5.5 Ramona Boulevard / Sanderson Avenue Waterline — Project No. 02-008 (Phase II) / Approve Notice of Completion and authorize release of retention in the amount of $52,621.92, thirty days after recordation of the Notice of Completion 5.6 Resolution No'l / A Resolution extending the time period in which the Redevelopment Agency of the City of San Jacinto may develop certain property acquired with Low Mod Housing Funds / Approve and Adopt / Redevelopment Operations Manager Mayor's Agenda July 1, 2004 Page 4 of 6 5.7 Delinquency Reports for 1915 Act Districts and Community Facilities District where bonds issued / Accept and File / Finance Director 5.8 Memorandum of Understanding for Joint Monitoring of Emergency Ambulance Services / Approve and authorize the Mayor to execute MOU / City Manager 5.9 Riverside County Indian Gaming Local Community Benefit Committee (CBC) Agreements / Grant Funds — 2004-2005 for Fire Services, Police Services, and Ramona Expressway Road Improvements Design / Approve and Accept Grant Funds and Authorize City Manager to execute agreement / City Manager ❑ If no items are pulled for discussion, call for a motion and vote. ❑ If items are pulled, request a staff report, public comments, a motion, and a vote. ❑ Recess the Regular Meeting to consider the Redevelopment Agency Agenda at p.m. ❑ Reconvene the Regular Meeting at p.m. 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 6.1 Fund raiser for San Jacinto Police Activities League (PAL) — City sponsored golf tournament / Mayor 7. CLOSED SESSION 7.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: APN Nos. 431-050-020; 431-050-016 & 431-050-014 Agency negotiator: City Engineer Negotiating parties: City of San Jacinto and Randolph A. Record, Anne M. Record, J. Phillip Galloway, Katherine E. Galloway, Anthony Iacono, Germaine Iacono Under negotiation: Price and Terms 7.2 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (One case) Mayor's Agenda July 1, 2004 Page 5 of 6 8. ADJOURNMENT ❑ Call for motion and vote 0 Adjourn meeting at p.m. If you challenge any action of the City Council in court, you may be limited to raising only those issues you or someone &se raised at the public hearing described in this notice, or in written correspondence delivered to the City Council (c/o the City Clerk) at, or prior to, the public hearing. CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land use made by the City Council as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final. It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact City Hall at (909) 487-7330, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. Mayor's Agenda July I, 2004 Page 6 of 6 AMENDED AGENDA REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL JULY 1, 2004, 7:00 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California ORGANIZATION 1.1 Call to Order 1.2 Roll Call 1.3 Invocation — Rev. Bob Sauter, Faith Tabernacle, San Jacinto 1.4 Pledge of Allegiance 1.5 Special Presentations 1.5.1 PAL (Police Activities League) building update / Appropriation for additional $60,000 from Park Development Fees to complete the building / Approve / Community Development Director 2. PUBLIC COMMENTS: Now is the time for the public to address the Council on any subject within the jurisdiction of the City Council not listed on the agenda. A limitation of three (3) minutes shall be set for each person desiring to address the City Council. 3. PUBLIC HEARING 3.1 Resolution No. _ / a Resolution authorizing City Manager or Finance Director to execute Agreement for Security Deposits in lieu of Retention Agreements pursuant to Public Contract Code 22300; and authorize establishment of an annual administration fee for all new escrow agreements for security in lieu of retention / Approve and Adopt following Public Hearing / Finance Director 3.2 Ordinance No. 04-14 / An Urgency Ordinance of the City Council of the City of San Jacinto, California, Increasing Signalization Development Impact Fees / Approve and adopt following public hearing (passage by 4/5 vote takes effect immediately) / City Engineer and City Attorney City Council Amended Agenda July 1, 2004 Page 2 of 4 4. CITY DEPARTMENTS 4.1 Resolution No. / A resolution certifying the results of an election and adding property to Community Facilities District No. 2003-1- Annexation No. 4A / Approve and Adopt / Special Tax Consultant and City Attorney 4.2 Estudillo Mansion Committee Vacancy / Selection of ad hoc committee to review applications, interview applicants and make recommendation to Council / City Clerk 4.3 Lake Park Drive Well / Modifications to pumping capacity / Approve upgrades to the pumping capacity of Lake Park Drive Well and Appropriate additional funding in the amount of $200,000 for pump, stand-by generator, and motor control center / City Engineer 4.4 Public Policy Issue: Lakes and Residential Developments / Adopt recommendation for Council to approve a policy decision to not allow lakes in the City / City Manager 4.5 Council Policy on setting dates for special events, sub -committee meetings, neighborhood meetings, groundbreakings, and grand openings, and other similar events / Adopt policy as outlined in staff report / City Manager 4.6 Review of Quasi -Judicial Acts (Tentative Maps, CUPs, etc) by City Council / Approve and Adopt introduction and first reading of Ordinance No. An Ordinance adding section 2.32.080 of the San Jacinto Municipal Code relating to the Functions of the Planning Commission; and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto, California, adding Section 2.32.080 of the San Jacinto Municipal Code relating to the Functions of the Planning Commission 4.7 Council's Goals Process / City Manager 5. CONSENT CALENDAR The matters listed under Consent Calendar are considered routine and will be enacted by one motion by City Council Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the City Council, staff or the public requests a specified item be removed and/or discussed. Anyone wishing to discuss a consent calendar item should come forward upon invitation of the Mayor. state their name and address, and the consent calendar item number. Speakers should limit comments to three (3) minutes. City Council Amended Agenda July 1, 2004 Page 3 of 4 5.1 Warrant 07/01/04 / Approve / Finance Director 5.2 June 17, 2004 Minutes / Approve / City Clerk 5.3 Treasurer's Report at May 31, 2004 / Approve / Finance Director 5.4 Acceptance of Supplemental Agreement for the use of Community Development Grant (CDBG) funds for FY 2004-2005 / Approve and authorize the Mayor to execute the agreement / Redevelopment Operations Manager 5.5 Ramona Boulevard / Sanderson Avenue Waterline — Project No. 02-008 (Phase II) / Approve Notice of Completion and authorize release of retention in the amount of $52,621.92, thirty days after recordation of the Notice of Completion 5.6 Resolution No. _ / A Resolution extending the time period in which the Redevelopment Agency of the City of San Jacinto may develop certain property acquired with Low Mod Housing Funds / Approve and Adopt / Redevelopment Operations Manager 5.7 Delinquency Reports for 1915 Act Districts and Community Facilities District where bonds issued / Accept and File / Finance Director 5.8 Memorandum of Understanding for Joint Monitoring of Emergency Ambulance Services / Approve and authorize the Mayor to execute MOU / City Manager 5.9 Riverside County Indian Gaming Local Community Benefit Committee (CBC) Agreements / Grant Funds — 2004-2005 for Fire Services, Police Services, and Ramona Expressway Road Improvements Design / Approve and Accept Grant Funds and Authorize City Manager to execute agreement / City Manager 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 6.1 Fund raiser for San Jacinto Police Activities League (PAL) — City sponsored golf tournament / Mayor 111 i/g- STATE OF CALIFORNIA) I V COUNTY OF RIVERSIDE)ss t CITY OF SAN JACINTO) A RESOLUTION OF THE CITY COL OF SAN JACINTO, CALIFORN ESTABLISHMENT OF ESCROW SECURITY DEPOSITS IN LIEU OF ESTABLISHMENT OF FEES THEREF OCtt aihnui44/1 WHEREAS, the City of San Jacinto, from time to time, awards public contracts; and WHEREAS, the City withholds a portion of the contractor payments in a public contract or retention as security for contractor performance; and WHEREAS, Section 22300 (a) of the Public Contract Code allows that the contractor may substitute securities in lieu of the City withholding contract retention; and WHEREAS, Section 22300 (b) of the Public Contract Code allows that the contractor may request any retention money withheld by a City be placed in an escrow account for the benefit of the contractor and may be invested for the benefit of the contractor; and WHEREAS, Section 22300 of the Public Contract Code provides that the contractor must bear the cost of administering any escrow account and any other costs involved with any such investments, substitutions of investments, and trustee costs; and WHEREAS, the City of San Jacinto incurs costs for staff time utilized in processing applications for, and creation and maintenance of such escrow accounts; and WHEREAS, it is necessary to establish a service fee for costs incurred by the City for processing applications for escrow accounts, creation of escrow account agreements, and monitoring such accounts; and WHEREAS, pursuant to Government Code section 66018 a notice of public hearing has been published ten days prior to the hearing, at least two times, in order to notify the public that the City will conduct a hearing on the proposed fee. Such notice included the time and place of the hearing, and a general explanation of the matter to be considered; and Page 1 of 3 RVPUB\HAVI VA.SHANEt674156.1 THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES RESOLVE AS FOLLOWS: 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. Authorization. Upon request of the contractor, the City Manager or Finance Director is authorized to execute any escrow agreement, in the form attached hereto as Exhibit A, and incorporated by reference herein, for security deposits in lieu of retention under Public Contract Code 22300. Section 3. Amount of Deposit. All securities deposited with the City as monies withheld by a public agency to ensure performance under a contract shall have a present value that is equal to or greater than the retention amount. Section 4. City Fee and Additional Costs. The annual fee to cover the City's cost of administering such escrow agreements shall be Five Hundred and Thirty Dollars ($530.00) plus any additional hourly costs that are set forth in Exhibit B, attached hereto and incorporated by reference herein. The annual fee and additional hourly costs, if any, is based upon the study conducted by the City, attached hereto as Exhibit B, and does not exceed the estimated reasonable cost of providing the service for which the fee is charged. Hourly rates for City employees are in addition to any fees that shall also be charged to the contractor, for costs incurred by the City for outside consultants hired by the City to assist in the administration of such escrow agreements. Section 5. Time of Payment. Contractor shall pay the annual fee in advance and prior to execution of the escrow agreement. Payment shall be made on a yearly basis (every twelve months) until completion of the contract. Any additional costs of administering the escrow account will be paid monthly by the contractor. Section 6. Payment of Third Party Fees. If securities are to be deposited in lieu of withholding retention, contractor shall pay the annual fee in advance, plus any estimated trustee or custodian costs prior to execution of the escrow agreement. Payment shall be made on a yearly basis (every twelve months) until completion of the contract. Any additional costs of administering the escrow account will be paid monthly by the contractor. Page 2 of 3 R V PUB\H A V I V A S H ANE167415 6.1 APPROVED, PASSED and ADOPTED at a regular meeting of the City Council on the 1st day of July, 2004 by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By Jim Ayres, Mayor ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: City Attomey Best Best & Krieger LLP Page 3 of 3 RV PUB\H A V I V A S H ANE1674156.1 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO) and RESOLUTION NO. 2554 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, AUTHORIZING ESTABLISHMENT OF ESCROW AGREEMENTS FOR SECURITY DEPOSITS IN LIEU OF RETENTION AND ESTABLISHMENT OF FEES THEREFORE WHEREAS, the City of San Jacinto, from time to time, awards public contracts; WHEREAS, the City withholds a portion of the contractor payments in a public contract or retention as security for contractor performance; and WHEREAS, Section 22300 (a) of the Public Contract Code allows that the contractor may substitute securities in lieu of the City withholding contract retention; and WHEREAS, Section 22300 (b) of the Public Contract Code allows that the contractor may request any retention money withheld by a City be placed in an escrow account for the benefit of the contractor and may be invested for the benefit of the contractor; and WHEREAS, Section 22300 of the Public Contract Code provides that the contractor must bear the cost of administering any escrow account and any other costs involved with any such investments, substitutions of investments, and trustee costs; and WHEREAS, the City of San Jacinto incurs costs for staff time utilized in processing applications for, and creation and maintenance of such escrow accounts; and WHEREAS, it is necessary to establish a service fee for costs incurred by the City for processing applications for escrow accounts, creation of escrow account agreements, and monitoring such accounts; and WHEREAS, pursuant to Government Code section 66018 a notice of public hearing has been published ten days prior to the hearing, at least two times, in order to notify the public that the City will conduct a hearing on the proposed fee. Such notice included the time and place of the hearing, and a general explanation of the matter to be considered; and Page 1 of 3 R V P U B\ H A V I V A. S H AN E\67415 6. I THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES RESOLVE AS FOLLOWS: 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. Authorization. Upon request of the contractor, the City Manager or Finance Director is authorized to execute any escrow agreement, in the form attached hereto as Exhibit A, and incorporated by reference herein, for security deposits in lieu of retention under Public Contract Code 22300. Section 3. Amount of Deposit. All securities deposited with the City as monies withheld by a public agency to ensure performance under a contract shall have a present value that is equal to or greater than the retention amount. Section 4. City Fee and Additional Costs. The annual fee to cover the City's cost of administering such escrow agreements shall be Five Hundred and Thirty Dollars ($530.00) plus any additional hourly costs that are set forth in Exhibit B, attached hereto and incorporated by reference herein. The annual fee and additional hourly costs, if any, is based upon the study conducted by the City, attached hereto as Exhibit B, and does not exceed the estimated reasonable cost of providing the service for which the fee is charged. Hourly rates for City employees are in addition to any fees that shall also be charged to the contractor, for costs incurred by the City for outside consultants hired by the City to assist in the administration of such escrow agreements. Section 5. Time of Payment. Contractor shall pay the annual fee in advance and prior to execution of the escrow agreement. Payment shall be made on a yearly basis (every twelve months) until completion of the contract. Any additional costs of administering the escrow account will be paid monthly by the contractor. Section 6. Payment of Third Party Fees. If securities are to be deposited in lieu of withholding retention, contractor shall pay the annual fee in advance, plus any estimated trustee or custodian costs prior to execution of the escrow agreement. Payment shall be made on a yearly basis (every twelve months) until completion of the contract. Any additional costs of administering the escrow account will be paid monthly by the contractor. Page 2 of 3 RVPUB\HAVIVA.SHANE\674156.1 APPROVED, PASSED and ADOPTED at a regular meeting of the City Council on the 1st day of July, 2004 by the following vote: Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent: None Abstain: None City of San Jacinto By Jim Ayres, Mayor ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: City Attorney Best Best & Krieger LLP Page 3 of 3 RVPU13\FIAVI VA.SI-IANE16741 i6.1 EXHIBIT "A" TO CITY OF SAN JACINTO RESOLUTION Escrow Agreement for Security Deposits in Lieu of Retention [attached behind this page] Exhibit A RVPUB\I-IAVIVA.SHANE1674156.1 ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of San Jacinto, a municipal corporation whose address is 201 E. Main Street, San Jacinto, California 92583 hereinafter called "Owner," and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: (1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of San Jacinto, and shall designate the Contractor as the beneficial owner. (2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. (3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. (4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. Exhibit A RVPUB\HAVI VA.SHANE1674156.1 (6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. (7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. (8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. (10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: On behalf of Owner: On behalf of Contractor: City Manager or designee Title Name Name Signature Signature Address Address Exhibit A RVPUB\HAVIVA.SHANE\674156.1 On behalf of Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Owner Contractor City Manager, or designee Title Name Name Signature Signature Exhibit A RVPUB\HAVIVA.SHANE1674156.1 Exhibit A R VPUB\HAV I VA.SHANE1674156.1 7. CLOSED SESSION City Council Amended Agenda July 1, 2004 Page 4 of 4 7.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: APN Nos. 431-050-020; 431-050-016 & 431-050-014 Agency negotiator: City Engineer Negotiating parties: City of San Jacinto and Randolph A. Record, Anne M. Record, J. Phillip Galloway, Katherine E. Galloway, Anthony Iacono, Germaine Iacono Under negotiation: Price and Terms 7.2 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (One case) 8. ADJOURNMENT If you challenge any action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council (c/o the City Clerk) at, or prior to, the public hearing. CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land use made by the City Council as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final. It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. lf, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact City Hall at (909) 487-7330, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. 9. Do oe41', e(wuiaand, eitry efen4 el rite ettry Sax paee.443, do deeteiy ear* that % canoed to de pored tlse jo4e9d 9 a yexd4 thin 22t.4 chef q page, 2004 ad aeguvted fiy taco. AGENDA ITEM 3 . f July 1, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Bernie Simon", Finance Director SUBJECT: Resolution Authorizing Escrow Agreements for Security Deposits in Lieu of Retention and Establishment of Fees RECOMMENDATION: By Council motion, adopt resolution to: 1) Authorize City Manager or Finance Director to execute Escrow Agreement for Security Deposits in Lieu of Retention agreements pursuant to Public Contract Code 22300. 2) Authorize establishment of an annual administration fee for all new escrow agreements for security in lieu of retention. BACKGROUND: In accordance with Public Contract Code 22300, a contractor awarded a public bid may deposit money or securities in lieu of the City withholding retention or may request that all withheld retention be placed in an escrow account in the name of the public entity for the benefit of contractor. The contractor is responsible for any costs under the code. Staff is requesting specific authorization to open any escrow accounts as agreed in any such escrow agreement as requested under Public Contracting Code 22300 and invested in any and all securities, as allowed under PCC § 22300 (c). Staff is also requesting that Council establish a fee for setting up any contractor requested escrow accounts for security deposits in lieu of retention because of the time involved in setting up and then administering such accounts. Staff has calculated an annual fee to be charged the contractor for estimated time based on previous escrow agreements. R V PUB\HA V I V A SHAH E\67415 6.1 JUSTIFICATION: City must provide an escrow account in a public contract for retention when requested by the contractor. City should establish an annual fee to recover costs incurred by additional staff and consultant time to administer such an escrow account. BUDGETARY IMPACT: Budgetary impact is positive. City will now recover costs for staff and consultant time not currently charged to the contractor. ATTACHMENTS: Resolution No. Exhibit A — Estimated Annual Costs to Administer Escrow Agreements for Security Deposits in Lieu of Retention Exhibit B — Model Escrow Agreement For Security Deposits in Lieu of Retention 2 R V PUB\HA V I V A. SHANE167415 6.1 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO) and RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, AUTHORIZING ESTABLISHMENT OF ESCROW AGREEMENTS FOR SECURITY DEPOSITS IN LIEU OF RETENTION AND ESTABLISHMENT OF FEES THEREFORE WHEREAS, the City of San Jacinto, from time to time, awards public contracts; WHEREAS, the City withholds a portion of the contractor payments in a public contract or retention as security for contractor performance; and WHEREAS, Section 22300 (a) of the Public Contract Code allows that the contractor may substitute securities in lieu of the City withholding contract retention; and WHEREAS, Section 22300 (b) of the Public Contract Code allows that the contractor may request any retention money withheld by a City be placed in an escrow account for the benefit of the contractor and may be invested for the benefit of the contractor; and WHEREAS, Section 22300 of the Public Contract Code provides that the contractor must bear the cost of administering any escrow account and any other costs involved with any such investments, substitutions of investments, and trustee costs; and WHEREAS, the City of San Jacinto incurs costs for staff time utilized in processing applications for, and creation and maintenance of such escrow accounts; and WHEREAS, it is necessary to establish a service fee for costs incurred by the City for processing applications for escrow accounts, creation of escrow account agreements, and monitoring such accounts; and WHEREAS, pursuant to Government Code section 66018 a notice of public hearing has been published ten days prior to the hearing, at least two times, in order to notify the public that the City will conduct a hearing on the proposed fee. Such notice included the time and place of the hearing, and a general explanation of the matter to be considered; and Page I of 3 RVPUB\HAV IVASHANE1674156.1 THE CITY FOLLOWS: Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. COUNCIL OF THE CITY OF SAN JACINTO DOES RESOLVE AS 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. Authorization. Upon request of the contractor, the City Manager or Finance Director is authorized to execute any escrow agreement, in the form attached hereto as Exhibit A, and incorporated by reference herein, for security deposits in lieu of retention under Public Contract Code 22300. Amount of Deposit. All securities deposited with the City as monies withheld by a public agency to ensure performance under a contract shall have a present value that is equal to or greater than the retention amount. City Fee and Additional Costs. The annual fee to cover the City's cost of administering such escrow agreements shall be Five Hundred and Thirty Dollars ($530.00) plus any additional hourly costs that are set forth in Exhibit B, attached hereto and incorporated by reference herein. The annual fee and additional hourly costs, if any, is based upon the study conducted by the City, attached hereto as Exhibit B, and does not exceed the estimated reasonable cost of providing the service for which the fee is charged. Hourly rates for City employees are in addition to any fees that shall also be charged to the contractor, for costs incurred by the City for outside consultants hired by the City to assist in the administration of such escrow agreements. Time of Payment. Contractor shall pay the annual fee in advance and prior to execution of the escrow agreement. Payment shall be made on a yearly basis (every twelve months) until completion of the contract. Any additional costs of administering the escrow account will be paid monthly by the contractor. Payment of Third Party Fees. If securities are to be deposited in lieu of withholding retention, contractor shall pay the annual fee in advance, plus any estimated trustee or custodian costs prior to execution of the escrow agreement. Payment shall be made on a yearly basis (every twelve months) until completion of the contract. Any additional costs of administering the escrow account will be paid monthly by the contractor. Page 2 of 3 RVPUB\HAVI V A.SHANE\674156.1 APPROVED, PASSED and ADOPTED at a regular meeting of the City Council on the 1st day of July, 2004 by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By Jim Ayres, Mayor ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: City Attomey Best Best & Krieger LLP Page 3 of 3 RV PUB\HAVI V A.SHANE1674156.1 EXHIBIT "A" TO CITY OF SAN JACINTO RESOLUTION Escrow Agreement for Security Deposits in Lieu of Retention [attached behind this page] Exhibit A RVPUBIHAVI VA.SHANE1674156.1 ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of San Jacinto, a municipal corporation whose address is 201 E. Main Street, San Jacinto, California 92583 hereinafter called "Owner," and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: (1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of San Jacinto, and shall designate the Contractor as the beneficial owner. (2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. (3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. (4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. Exhibit A RVPUBIHAVI VASHANE1674156.1 (6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. (7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. (8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. (10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: On behalf of Owner: On behalf of Contractor: City Manager or designee Title Name Name Signature Signature Address Address Exhibit A R V PUB\H A V E V A S H ANE167415 6.1 On behalf of Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Owner Contractor City Manager, or designee Title Name Name Signature Signature Exhibit A RV PUB1H AVI V A. SHANE1674156.1 Exhibit "B" City of San Jacinto Estimated Annual Costs to Administer "Escrow Agreement for Security Deposits in Lieu of Retention Personnel Finance Director Accountant Account Clerk II Description Review Contract and execute, approve disbursement Setup project, review invoices, and approve disbursement amounts, track Retention payments and process final retention Process approved invoices and process additional check to bank and mail out - (two checks monthly) (majority of time for set-up and processing) Time Time Monthly Annual Cost 2 $ 162.57 0.5 6 $ 304.57 0.16 1.92 $ 60.66 Estimated Total Annual Cost $ 527.80 Finance Director Accountant Account Clerk II Benefits PERS-EE PERS-ER Med/Dent/Disab. Total Burdened Hourly Rate for Finance Staff As of June 5, 2004 Current Hourly Rate Employer Admin Benefits Costs O/H % $ 40.86 31.61% 3.32% 64.00% 25.52 31.61% 3.32% 64.00% 15.88 31.61% 3.32% 64.00% 7.00% 9.35% 15.26% 31.61% Employer Costs Med/Fica Workers Comp Unemployment Total Exhibit B Total Burdened Benefits Hourly & O/H Rate 98.93% $ 81.28 98.93% $ 50.76 98.93% $ 31.60 o% 1.45°% 1.31% DAM 3.32% RVPUBIHAVI VA.SHANE\674156.1 06/16/04 14:52 FAX 909 763 3410 HEMET PE CLASSIFIED t1002 •'r; �ie: 2x32.100 PRESS - ENTERPRISE •InMN""IIr�,IN11„AodlbYlnrlbnnnLrnY,nrnlnrplYMr4YRrM1r-Xr u,M:.^ qw r,p.ragrTrp,�wwa,wwaryni+r numW y,w p;runWuwn r - THE 4i ': Printed wamnTw ,r°7- Iqr��777 "4r �' 1 i� : Lombera, Atme t 2:48 pm ••rn^I Wednesday, Jun 16, 2004 r,Nri-nr,miuNr m"�'�iJu,li,�uiW�iy4rerndri 'm xrdl4tiZFLIZZIuWn'-�rnrxrW4ui,1=nl 743 N„ curt, ,,, J .12172yu r,f 7 ,f!�y�'N.af.n'NiT'n ..'�'�'_,19y ".Wu�:_.__._1:.3.rr'� I'` ly 474 W. Esplanade Ave. San Jacinto, CA 92583 n m rwmrr. nr, nu quit nqw n y rvryurrrNd p w xm, , d >r r m!^nn r wy r r ^: y ,nIR u I1 � r 'nnnn 4711nlFmrlli:igiN I.P iggiri t9 f'��IlTatjO tlrp¢il�aJplunpeitm�jpulr; ';I:' iIbr 0'!# (909) 487-7330 '11a.:::I'`�?l0lri: SAN JACINTO, CITY OFF �. �,d�: n' Ir. ddtese 201 E MAIN ST SAN JACINTO CA 92583 !I t., 103537 ,Cljelt: ' PI O,ortI )?y'I DOROTHY CHOUINARE !i !t Fa$ 4, (909) 487-6779 I ,uw... x.....:unam i4:nunI.;4.ww.^,......run::,, 1,11.:nu4l....4.6 x.le.rnw-n-a..,xJ,„/;rl„ dhdu.ur. . -r, ert-1 ;h4".9rm Tphr,w r nw 117,npn ,1 ,hfr"T yielfiel"Trnyn,1117 Ilriiii41, !I'ihihhheTheeuelui r Ad dh}Gtrj A oM rlilgrlllhgrhriotwipindxli!priniidi ', CJaSelii � tipn' Legais • P'OlieatitiiiS Hemet -San Jacinto Zonel '','I. Internet i i _y q iiOdit datgL.r 06-19-04 { , ,04 Bilet;lop 2 I .. ` .11;:i,- iEi te:,§pde•! LE —City i Iitjiv; Ad Liner e I Takerlb3i Lombera, Alma i . r.r•r^rgC•1 A^,• _.; :4 ma ,n•n.a lr .0Gl ":.1.i I.. I, ,it3!I)I4,40.44; 65.00x 5.14 agate lines µe("""_ OUPtid xni,.mfimindd,rr:mim,ur.111. ::,rin:,a,:::d1.1661P1M1ntiin. 909-763-3413 ,�r'•� 909-763-3410 Faxt .; Iu,:,-14.11Ira''raaidr'ieii.0.447:1,i.:-.lu.utlrtiu,alr„mde� Ad Copy: NOTICE OF PUBLIC HEARING BEFORE THE SAN JACINTO CITY COUNCIL REGARDING ADOPTION FEE FORESCROW AGREEMENTS RESOLUTION UTILIZED AS SECURITY DEPOSITS IN LIEU OF RETENTION NOTICE IS HEREBY GIVEN That al7:00 o.m. on July 1, 2004, or as soon thereafter os possible, a public hearing will be held,, pursuant to Government Code Section 66015, by the ClyCouncll of the City of San Jacinto et San Jacinto Unified School District Board Room 2045 South San Jadnto Avenue, San Jacinto, Cal- ifornia. The purpose of the public hearing is to consider adop- tion of a resolution establishing a service fee for escrow agree- ments utilised as security ance yfdeposes In lieu of retention withheld Public ContrractCCodee, The proposed resolutioncts awarded wouldn impose an annual fee of $530.00 plus any additional hourly costs related to the execution and maintenance of such escrow agreements. All Interested and are to hattend e Clty and onceming the proposed resolution. You are hereby advised that should you desire to legally challenge any action taken by the City Council with respectta the resolution, you maybe Ilmited to raising only those Issues and objections which you or someone else raised at or pdorto the time of the public hearing. -- Page 1.•--_.._..._..::-.__^......__.. __.. 6j19 • AGENDA ITEM 3•a). July 1, 2004 TO: The Honorable City Council FROM: City Engineer and City Attorney SUBJECT: Urgency Ordinance Updating Signalization Development Impact Fees RECOMMENDATION: Read title and, by motion approve and adopt (by four fifths vote), introduction and pass Ordinance No. 04-14, entitled, An Urgency Ordinance of the City Council of the City of San Jacinto, California, Increasing Signalization Development Impact Fees BACKGROUND: The City is authorized to establish and update development impact fees, which are meant to cover the costs of providing additional facilities as a result of new development. One such type of development impact fee is a traffic signalization development impact fee ("SDIF"). The City's current SDIF is $150.00 per EDU for single family residential projects, $100.00 per EDU for multi -family housing projects and $2,700 per acre for commercial projects. However, these amounts are too low to build the required traffic signals directly by the City. In addition, when a developer is conditioned to construct traffic signal improvements, a fee that is set too low does not allow the developer to recoup its costs through fee credits. As required by the Mitigation Fee Act (Gov. Code, §§ 66000 et seq.), the amount of the SDIF in the proposed ordinance is substantiated by a fee study conducted by the City's financial consultant, David Taussig & Associates, Inc.. The fee study is based on a total of 60 traffic signals that will be needed within the City as the result of new development. The fee study first determines the total number of equivalent dwelling units ("EDU") that are anticipated to be developed according to the current general Page 1 of 2 family residential, retail commercial, or non -retail commercial). It assigns a factor to each type of use, based on the amount of traffic that is expected to be generated by a particular type of use. Thus, a single family residence's average 10 daily trips is given a factor of 1. Multi -family residential uses are given a factor of .6, meaning that multi -family residences are expected to generate 60% of the trips that single family residential. Retail uses are given a factor of 49, meaning that retail uses are expected to generate 49 times the trips that single family residences will. This number has been given a 30% credit based on the amount of revenue the retail uses will generate to the benefit of the City's finances. Non - retail commercial uses are given a factor of 8, meaning that non -retail commercial uses are expected to generate 8 times the trips that single family residences will. Thus, the total number of EDU's is expected to be 40,352. The total number of EDUs (40,352) is then divided equally into the total cost of the 60 new signals that will be required by the new EDUs ($9,006,000). This results in a cost per EDU $223.19. This cost per EDU is then multiplied by the factor that is given above, thus resulting in a per EDU fee as follows: $223.19 for single family residential uses (e.g., 1 X $223.19) $133.91 for multi -family residential use (e.g., .60 X $223.19) $10,936.22 per acre for retail uses (e.g., 49 X $223.19) $1,785.51 per acre for non -retail uses (e.g., 8 X $223.19) Without adequate traffic signals in place, the public health, safety and welfare is directly and immediately affected. Traffic accidents resulting from inadequate traffic signalization causes property damage, bodily injury and death. Developers are unable to recoup their costs of improvements that they are conditioned to install. Therefore, the proposed ordinance is drafted as an urgency ordinance, meaning that it takes effect immediately. BUDGETARY IMPACT: The adoption of the accompanying ordinance will not have a positive financial effect in that is will provide for the construction of necessary traffic signals apportioned to new development as required by law. ATTACHMENT: Urgency Ordinance No. Page 2 of 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF SAN JACINTO ) ORDINANCE NO. 04-14 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, INCREASING SIGNALIZATION DEVELOPMENT IMPACT FEES WHEREAS, the City of San Jacinto ("City") is authorized by California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, the City Council of the City of San Jacinto ("City Council") has been informed and advised, and hereby finds, that future development within the City will result in traffic volumes exceeding the capacity of the current traffic signalization system ("Signalization System") as it presently exists; and WHEREAS, the City Council has been further informed and advised, and hereby finds, that if the capacity of the Signalization System is not enlarged, the result will be substantial traffic congestion in all parts of the City, with unacceptable levels of service throughout the City; and WHEREAS, the City Council has been further advised, and so finds that funds will be inadequate to fund construction of the Signalization System needed to avoid the unacceptable levels of traffic congestion and related adverse impacts. Absent a Signalization Development Impact Fee (SDIF), existing and known future funding sources will be inadequate to provide the necessary improvements to the Signalization System, resulting in an unacceptably high level of traffic congestion within and around the City; and WHEREAS, the City has undertaken a Development Impact Fee Justification Study — Traffic Fee Calculation, prepared pursuant to A.B. 1600, codified at California Government Code, Section 66000 et seq., and known as the Mitigation Fee Act (the "Nexus Study"), which Nexus Study is hereby incorporated by reference herein; and WHEREAS, the Nexus Study complies with the Mitigation Fee Act by establishing the basis for the imposition of the SDIF. In particular, the Nexus Study: 1. Identifies the purpose of the fees; 2. Identifies the use to which the fees will be put; 3. Demonstrates a reasonable relationship between the fee's use and the types of projects upon which the fees are imposed; 4. Demonstrates a reasonable relationship between the need for the public facilities and the types of developments upon which the fees are imposed; and RVPUB\SXK\673983.I 5. Demonstrates a reasonable relationship between the amount of the fees and the cost of the public facilities or portions of the facilities attributable to the development upon which the fees are imposed; and WHEREAS, the City Council has reviewed the Nexus Study, and hereby finds that future development within the City will substantially adversely affect the Signalization System, and that unless such development contributes to the cost of improving the Signalization System, the Signalization System will operate at unacceptable levels of service; and WHEREAS, the City Council hereby finds and determines that the failure to mitigate growing traffic impacts on the Signalization System within the City will substantially impair the ability of public safety services (police, fire and ambulance) to respond to emergencies. The failure to mitigate impacts on the Signalization System will adversely affect the public health, safety and welfare of citizens and businesses residing and conducting business within the City; and WHEREAS, the City Council finds and determines that pursuant to the City's police powers under Article IX, Section 7 of the California Constitution, and the City's statutory powers and duties under the Mitigation Fee Act, mitigation of the impacts on the Signalization System through the imposition of the SDIF on future development within the City is a proper and legitimate governmental purpose and exercise of such powers; and WHEREAS, the City Council further finds and determines that there is a reasonable and rational relationship between the use of the SDIF and the type of development projects on which the SDIF is imposed because the fees from the SDIF will be used to construct signalization improvements that help mitigate the traffic impacts and burdens on the Signalization System generated by such development and that are necessary to protect the safety, health and welfare of persons that travel to and from such development projects using the Signalization System; and WHEREAS, the City Council finds and determines that there is a reasonable and rational relationship between the need for the improvements to the Signalization System and the type of development projects on which the SDIF is imposed because the traffic and travel patterns created by such development will necessitate that persons traveling to and from such developments will access and utilize the Signalization System, and that the burdens created by the additional users of the Signalization System will be mitigated in part by the payment of the SDIF and its use for the planned improvements to the Signalization System; and WHEREAS, the City Council further finds and determines that the cost estimates set forth in the Nexus Study are reasonable cost estimates for constructing the Signalization System improvements, and that the estimated amount of the SDIF to be collected from new development pursuant to the provisions of this Ordinance is roughly proportional to the traffic burdens and demands on the Signalization System generated RVPUB\SSXK1673983.1 by new development, such that the fees collected from the new development do not exceed the fair share costs of the Signalization System improvements attributable to such new development; and WHEREAS, the City Council further finds and determines that the SDIF is not levied, collected, or imposed for general revenue purposes; and WHEREAS, the fees collected pursuant to this Ordinance shall be used to help pay for the construction and acquisition of the Signalization System improvements identified in the Nexus Study. The need for the improvements is related to new development because such development results in additional traffic thus creating the demand for the signalization improvements; and WHEREAS, pursuant to Government Code section 66016, prior to adopting this Ordinance, the City has held at least one open and public hearing, at which oral or written presentations could be made, as part of a regularly scheduled meeting; and WHEREAS, pursuant to Government Code Section 66016, notice of the time and place of the hearing, including a general explanation of the matter to be considered, and a statement that the data required by Government Code Section 66016 is available, was mailed at least 14 days prior to the hearing to any interested party who had filed a written request with the City for mailed notice of the meeting on new or increased fees or service charges; and WHEREAS, pursuant to Government Code Section 66016, at least 10 days prior to the meeting at which this Ordinance was adopted, the City made available to the public data indicating the amount of cost, or estimated cost, required to provide the service for which the fee or service charge is levied and the revenue sources anticipated to provide the service, including the fact that general fund revenues are not expected to be used to fund the signalization improvements; and WHEREAS, pursuant to Government Code Section 66018, notice of the time and place of the hearing, including a general explanation of the matter to be considered was published in accordance with Government Code Section 6062a by publication for 10 days in a newspaper regularly published once a week or oftener; and WHEREAS, at the time and place set for the hearing, the City Council duly considered that data and information provided by the public relative to the cost of the services for which the fees are proposed and all other comments, whether written or oral, submitted prior to the conclusion of the hearing; and WHEREAS, the City Council finds that the Nexus Study proposes a fair and equitable method for distributing the unfunded costs of improvements to the Signalization System; and RVPUB\SXK1673983.1 WHEREAS, the City Council hereby adopts the Nexus Study, which Study is attached hereto as Exhibit "A", and incorporates it herein as though set forth in full; and WHEREAS, California Government Code Section 36937 empowers the City to adopt, by four -fifths vote, an urgency ordinance, when such an ordinance is necessary for the immediate preservation of the public peace, health or safety; and WHEREAS, the City Council also finds that this urgency Ordinance is necessary to promote the immediate preservation of the public peace, health and safety by providing for the payment of fees that are sufficient to cause the construction of traffic signalization improvements that will prevent traffic accidents, which traffic accidents result in property damage, bodily injury and death. The adoption of this urgency Ordinance will enable the City to construct much needed traffic signal improvements, or to require developers to construct such improvements. Without an adequate SDIF, the City would not have sufficient funding to construct such improvements and developers who are conditioned to construct such improvements would not receive just and adequate fee credits for the improvement work performed; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have properly taken place. THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES ORDAIN AS FOLLOWS: Section 1. The City Council hereby finds and determines that Recitals of this Ordinance are true and correct and are hereby incorporated into this Ordinance as though fully set forth herein. Section 2. A SDIF in the following amounts shall be imposed on all new development of the following types within the City: LAND USE TYPE AMOUNT OF SDIF Single Family Residential' $223.19 per EDU Apartments $133.91 per EDU Retail $10,936.22 per acre Non -retail and Industrial $1,785.51 per acre Section 3: The purpose of the SDIF is to fund those certain improvements to the Signalization System described in Exhibit "A", the Nexus Study. The City shall expend the SDI F solely and exclusively for those purposes. Section 4: Credits for the Signalization System improvements shall be provided as follows. If a developer constructs a signalization improvement identified on the Signalization System as set forth in Exhibit "A", the developer shall 1 Single Family Residential includes condominium units. RVPUB1SXK\673983. I receive credit for the all costs associated with the arterial improvement based on approved unit cost assumptions for the Signalization System, or as otherwise established by the City Engineer. All excess construction credit must have prior approval from the City Council. Regardless of the actual cost incurred by the developer to construct an improvement to the Signalization System for which a credit is applicable, the amount of the fee credit shall not exceed the maximum amount determined by the most current unit cost assumptions for the Signalization System. Fee credits shall be provided in one of the following methods, or any combination thereof, which method or combination thereof may be determined in the City Engineer's discretion: (1) the fee credit may be applied against future SDIF; or (2) the fee credit may be paid back in cash. Section 5: If a developer is required to construct an improvement to the Signalization System that benefits property adjacent to the project, the developer may be reimbursed for a proportionate share of the cost, based on actual costs or the approved unit cost assumptions, whichever is less, for the Signalization System at the time of the agreement, of such improvements under special agreements with the City, contingent upon future fees contributed from other benefited developments. Section 6: The Community Development Director, or his/her designee, is hereby authorized to levy and collect the SDIF. Payment of the SDIF shall be as follows: The SDIF shall be paid in full for each development project at the time of issuance of each applicable building permit. ii. The fees required to be paid shall be the fee amounts in effect at the time of payment, not the date the Ordinance is initially adopted. iii. If all or part of any development project is sold prior to payment of the fee, the property shall continue to be subject to the requirement for payment of the fee. Section 7: All fees collected hereunder shall be transmitted to the Finance Director within thirty days for deposit, investment, accounting and expenditure in accordance with the provisions of this Ordinance and the Mitigation Fee Act. Section 8: The provisions of this Ordinance supercede any prior ordinance(s) and/or resolution(s) concerning the same subject matter hereof. Such prior ordinance(s) and/or resolutions(s) shall, upon the effective date hereof, be of no further force or effect. Section 9: The provisions of this Ordinance are severable and the invalidity of any section, paragraph, phrase, clause or part of this Ordinance shall not affect the validity or effectiveness of the remainder of this Ordinance. R V I'U B\SXK1673983.1 Section 10: The provisions of this Ordinance are severable and the invalidity of any section, paragraph, phrase, clause or part of this Ordinance shall not affect the validity or effectiveness of the remainder of this Ordinance. Section 11: The City Council hereby finds and determines that it can be seen with certainty that there is no possibility that this Ordinance may have a significant adverse effect on the environment. Thus, the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") because the adoption of development impact fees merely establishes a funding mechanism for the provision of future projects and does not authorize the construction or development of specific future projects in future locations; and, as such, this Ordinance is not "an essential step culminating in action which may affect the environment" and environmental review required under CEQA will be performed when projects funded by the SDIF are chosen and defined (Kaufman & Broad -South Bay, Inc. v. Morgan Hill Unified School District, (1993) 9 Cal.App.4th 464). Section 12: This urgency Ordinance was adopted by the necessary four -fifths vote of the members of the City Council pursuant to Government Code Sections 36934 and 36937 and shall take effect immediately upon its adoption. This Ordinance shall be in full force and effect immediately. Section 13: The City Clerk shall certify the adoption of this Ordinance and cause the same or a summary thereof to be published in the County of Riverside, State of California. Introduced and passed as an urgency ordinance at a regular meeting of the City Council on the 1st day of July, 2004 by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto by Jim Ayres, Mayor ATTEST: Dorothy L. Chouinard, City Clerk RVPUB\SXK\673983. I APPROVED AS TO FORM: John E. Brown, City Attorney Best Best & Krieger LLP RVPUB\SXK1673983. I David Taussig & Associates, Inc. DRAFT 06/04/2004 I. Future EDU Calculation Service Factor (Average Daily Trips) EXHIBIT A City of San Jacinto Traffic Signal Analysis Avg. Daily Adjusted Total Number of Trips per Pass -By Avg. Daily EDUs per Number Land Use Type Units/Acres Unit/Acre [1] Credit Trips Unit/Acre of EDUs Single Family Residential 24,714 10 0.00% 10 1.00 24,714 Apartments 2,291 6 0.00% 6 0.60 1,375 Retail 255 700 30.00% 490 49.00 12,495 Non -Retail 221 80 0.00% 80 8.00 1,768 Total 40,352 II. Inventory of Proposed Facilities Traffic Facility Facility Signals Cost [2] Traffic Signals 60 $9,006,000 Total Facilities Cost $9,006,000 III. Proposed Facility Standard and Cost Per EDU Facility Type Traffic Signals Facility Cost Per Facility Units Cost Unit Facility Unit Per 1,000 EDUs Per EDU each $150,100 1.49 $223.19 Total Cost Per EDU $223.19 VII. Developer Fees and Cost Financed by Fees per Unit/Acre Land Use Type EDUs per Fee per Cost Financed Unit/Acre Unit/Acre by Fees Single Family Residential 1.00 $223.19 $5,515,873 Apartments 0.60 $133.91 $306,794 Retail 49.00 $10,936.22 $2,788.736 Non -Retail 8.00 $1,785.51 $394,597 Total $9,006,000 Notes. [1] Trip rates based on SDAG 'Brief Guide of Vehicular Traffic Generation Rates...", July 1998. [2] Facility cost includes construction cost and consultant fees. K:Clients2\San Jadnto1AB1600 Fee Sludy\Feestudy_2.123 EXHIBIT "A" Development Impact Fee Justification Study — Traffic Fee Calculation [to be attached as following pages] RVPUB\SXK1673983.1 I)+,‘mT\t:,i(. & .SSocv:vTES, IN(. Public Finance and Urban Economics 1301 Dove Street, Suite 600 Newport Beach, CA 92660 To: Peter A. Cosentini Habib Motlagh Jeff Ballinger Tel (949) 955-1500 Fax (949) 955-1590 MEMORANDUM From: Andrea Roess & Kim Vail Date: June 4, 2004 RE: Development Impact Fee Justification Study — Traffic Fee Calculation INTRODUCTION The City of San Jacinto (the "City") is expected to undergo considerable growth in population, housing, and jobs as development occurs in the City. In order to adequately plan new development and identify the public facilities and costs associated with mitigating the impacts of new development, David Taussig & Associates, Inc. was retained by the City to update the existing impact fee program by preparing a new AB 1600 Development Impact Fee Justification Study ("Fee Study"). At the request of the City, DTA has prepared this memo to document the fee calculation for traffic signals only, so that the City may implement this fee prior to the completion of the Fee Study. This memo complies with Section 66000 et. seq. of the California Government Code by identifying additional traffic signals required by new development and calculating the fees that may be imposed to pay the costs of such facilities. POPULATION, HOUSING, AND EMPLOYMENT PROJECTIONS Future population, housing, and employment were projected based on development of currently vacant land zoned for residential, retail, and non -retail land uses. For the Fee Study, future residential development is classified as Single Family or Apartments. Future non-residential development is classified as Retail or Non -Retail. These classifications are the base for determining the impacts and allocating facilities costs to new development. LEGAL REQUIREMENTS TO JUSTIFY DEVELOPMENT IMPACT FEE The levy of impact fees is one authorized method of financing the public facilities necessary to mitigate the impacts of new development, as the levy of such fees provides funding to maintain an agency's required public facility standard for an increased service population. A fee is "a monetary exaction, other than a tax or special assessment, which is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project..." (California Peter A. Cosentini June 4, 2004 Page 2 Government Code, Section 66000). A fee may be levied for each type of capital improvement required for new development, with the payment of the fee occurring prior to the beginning of construction of a dwelling unit or non-residential building (or prior to the expansion of existing buildings of these types). Fees are often levied at final map recordation, issuance of a certificate of occupancy, or more commonly, at building permit issuance. The City has identified the need to levy impact fees to pay for traffic signals needed to serve new development in the City. Assembly Bill ("AB") 1600, which created Section 66000 et. seq. of the Government Code, was enacted by the State of California in 1987. AB 1600 requires that all public agencies satisfy the following requirements when establishing, increasing, or imposing a fee as a condition of approval for a development project: • Identify the purpose of the fee. • Identify the use to which the fee is to be put. If the use is financing public facilities, the facilities must be identified. • Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed. • Determine how there is a reasonable relationship between the need for a public facility and the type of development project on which the fee is being imposed. REQUIRED FACILITIES In order to meet the transportation demand of new development, the City has identified 60 traffic signals that must be constructed. NEXUS REQUIREMENT OF AB 1600 TABLE 1 TRAFFIC SIGNALS AB 1600 NEXUS TEST Identify Purpose of Fee Traffic Signals Identify Use of Fee Signalization Demonstrate how there is a reasonable relationship between the need for the public facility, the use of the fee, and the type of development project on which the fee is imposed New residential and non-residential development will generate additional residents and employees who will create additional vehicular and non -vehicular traffic. Signals will have to be installed to efficiently direct increased traffic flow. Thus there is a relationship between new development and the need for new transportation facilities. Fees collected from new development will be used exclusively for new traffic signals. Peter A. Cosentini June 4, 2004 Page 3 EDU CALCULATION The Equivalent Dwelling Unit ("EDU") concept was utilized to determine whether there is a reasonable relationship between the need for traffic signals and the land use class of the development on which a fee for traffic signals is being imposed. Traffic signal improvements will allow direct ingress and egress to the properties within the City, thereby benefiting these properties. The utility of traffic signal improvements is a function of the average number of vehicle trips per day generated by the use of the land served by the streets. Traffic engineers have developed traffic generation factors, which are related to the type of land use. Consequently, traffic generation factors are an appropriate basis for the apportionment of traffic signal improvement costs among the benefiting land use classes. The following table summarizes the traffic generation factors employed in the EDU calculation. TABLE 2 TRAFFIC EDU CALCULATION Land Use Number of Units/Acres Avg. Daily Trips per Unit/Acre ltl Adjusted Avg. Daily Trips per Unit/Acre EDUs per Unit/Acre Total Number of Traffic EDUs Single Family 24,714 10 10 1.00 24,714 Apartments 2,291 6 6 0.60 1,375 Retail 255 700 490 (21 49.00 12,495 Non -Retail 221 80 80 8.00 1,768 Total 40,352 [1] Trip rates based on SDAG "Brief Guide of Vehicular Traffic Generation Rates...", July 1998 [2] Total daily trips reduced by 30% pass by credit for retail property. Fees for the costs of traffic signal improvements have been calculated utilizing the above traffic generation factors. Costs have been allocated to each land use class based on its proportionate share of total project trips. APPORTIONMENT OF TRANSPORTATION ELEMENT COSTS Traffic signals benefit residents and employees by providing safe and efficient vehicular access to properties. Fees were calculated for each of the four land use categories based on the EDU factor derived from the number of average daily trips per dwelling unit (for residential units) or per acre of non-residential development as was presented in Table 2. Fee amounts to fmance the traffic signals are presented in Table 3. Details regarding the analysis related to transportation facilities are included in Exhibit A. Peter A. Cosentini June 4, 2004 Page 4 TABLE 3 FEE DERIVATION SUMMARY Land Use Type Number of Units/Acres EDUs per Unit/Acre Number of New EDUs Development Impact Fee per Unit or Acre Cost Financed by Fees Single Family 24,714 1.00 24,714 $223.19 $5,515,873 Apartments 2,291 0.60 1,375 $133.91 $306,794 Retail 255 49.00 12,495 $10,936.22 $2,788,736 Non -Retail 221 8.00 1,768 $1,785.51 $394,597 Total 40,352 $9,006,000 K:1Clients2\San Jacinto 1AB1600 Fee Study\documents\Traffic_memo.doc EXHIBIT A TRAFFIC SIGNAL FEE CALCULATION NOTICE OF A PUBLIC HEARING Thursday, July 1, 2004 NOTICE OF A PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF SAN JACINTO TO CONSIDER AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, INCREASING SIGNALIZATION DEVELOPMENT IMPACT FEES IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 66018, NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Council ("City Council") of the City of San Jacinto ("City") on Thursday July 1, 2004, at 7:00 p.m.. or as soon thereafter as the matter can be heard, at the San Jacinto Unified School District Board Room, 2045 South San Jacinto Avenue, San Jacinto, California. At the public hearing, the City Council will consider the adoption of an ordinance updating signalization impact fees for new developments within the City of San Jacinto. Any further information may be obtained by contacting Habib Motlagh, City Engineer at (909) 487-7342. Dated: June 17, 2004 By: The Press Enterprise Please publish June 19, 2004 and June 26, 2004 Please furnish two (2) Affidavits of Publication City Cl City of n Jacinto RVPUBTSE\661 G98 AGENDA ITEM 4.1 July 1, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Special Tax Consultant and City Attorney SUBJECT: Resolution regarding annexation of Territory into Community Facilities District No. 2003-1 (CFD 2003-) Annexation No. 4A for Police and Fire Services (CFD 2003-1 Annexation No. 4A) RECOMMENDATION: By motion, approve and adopt Resolution No. / a resolution certifying the results of an election and adding property to Community Facilities District No. 2003-1, regarding Annexation No. 4A. BACKGROUND: On June 17, 2004, the City Council continued annexation proceedings for three parcels that desire to annex into Community Facilities District No. 2003-1 (the "District") due to the failure of landowners of such parcels to complete a consent and waiver form, which is required to be submitted by all landowners in order to expedite the annexation process. The landowners have now completed the consent and waiver forms and desire to complete the annexation process. For your convenience, we have attached a list of Assessor Parcel Numbers (APN) to be annexed and the names of the landowners of such APNs. In order to complete the annexation process, the City Council must adopt the resolution authorizing the annexation of such parcels and call an election. JUSTIFICATION: The adoption of the resolution is required to annex the territory into the District. BUDGETARY IMPACT: The annexation of the developers' property into the District will have a beneficial impact to the City's budget in that, upon implementation of the proposed annexation, would assist in the funding of police and fire services that would otherwise come from the City's general fund. ATTACHMENTS: Resolution No.: Page 2 of 3 ATTACHMENT 1 List of Properties to be Annexed APN(S) Name of Landowners 435-292-003 Lloyd H., Mary E. and Noel Thibodeaux 435-292-002 Llyod B and Joyce D. Thibodeaux 439-070-052 Nelson Development LLC Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACITIES DISTRICT NO. 2003-1 (CFD 2003-1) (ANNEXATION NO. 4A TO CFD 2003-1) 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. 4A (the "Annexed Area"); and WHEREAS, less than twelve (12) registered voters have resided within the territory of Annexed Area for each of the ninety (90) days preceding July 1, 2004, 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 Govemment Code Section 53317(f) and each such landowner who is the owner of record as of July 1, 2004, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within such Annexed Area; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the property within the Annexed Area to the qualified electors of the Annexed Area and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the Annexed Area; and WHEREAS, the City Clerk of the City of San Jacinto has caused ballots to be distributed to the qualified electors of the Annexed Area, has received and canvassed such ballots and made a report to the City Council regarding the results of such canvas, a copy of which is attached as Exhibit A hereto and incorporated herein by this reference; and 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. 4A (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: SECTION 3. 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 July 1, 2004, 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. 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 . Page 2 of 3 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: 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. PASSED, APPROVED and ADOPTED this 1st day of July 2004, by the following vote: Ayes: Nays: Absent: Abstain: ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: City Attorney Best Best & Krieger, LLP By: Jim Ayres, Mayor 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. 4A in the City, held July 1, 2004. 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: WITNESS my hand this 1st day of July, 2004. YES NO Dorothy L. Chouinard, City Clerk City of San Jacinto A - 1 Exhibit B Annexation Map B-1 SHEET 1 OF 3 ANNEXATION MAP NO. 4A 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 the 22nd day of December, 2003, at the hour of 8 o'clock a.m. in Book 55 at pages 58-59, and as instrument number 2003-995886 in the office of the County Recorder of the County of Riverside, State of Califomia, which this Annexation Map affects. VICINITY MAP Mr c, ■■■1■MIL 11111111101 sr& ar '.■■ 'OR Q N AVE.RNA. ki 1�f�f�� PLIP E AVE. ■■■■s --=-■■■■■■■L MIN Exempt recording requested per CA Government Code § 6103 Prepared by David Taussig & Associates. Inc. (1) Filed in the office of the City Clerk of the City of San Jacinto this _ day of , 2004. Dorothy L. Chouinard, San Jacinto City Clerk (2) I hereby certify that the within map showing the proposed boundaries of Annexation No. 4A to City of San Jacinto Community Facilities District No. 2003-1, Riverside County, State of California, was approved by the City Council at a regular meeting thereof, held on this day of , 2004, by its Resolution No. Dorothy L. Chouinard, San Jacinto City Clerk (3) Filed this _ day of , 2004, at the hour of o'clock _m, in Book of Maps of Assessment and Community Facilities Districts at page and as Instrument No. in the office of the County Recorder of Riverside County, State of California. Gary L. Orso Assessor -County Clerk -Recorder of Riverside County By Deputy Fee Exempt recording requested, per CA Government Code §6103 SHEET 2 OF 3 ANNEXATION MAP NO. 4A TO CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 COUNTY OF RIVERSIDE STATE OF CALIFORNIA ENTERPRISE AVE. INVESTOR 435-292-003 435-292-002 Reference is hereby made to the Assessor maps of the County of Riverside for an exact description of the lines and dimensions of each lot and parcel. 4/ LEGEND - Boundaries of Annexation No. 4A to City of Son Jacinto Community Facilities District No. 2003-1 435-29n-nnn Assessor Parcel Number Prepared by David Taussig & Associates, Inc. SHEET 3 OF 3 ANNEXATION MAP NO. 4A TO CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 COUNTY OF RIVERSIDE STATE OF CALIFORNIA JUANITA ST. ESPLANADE AVE / J OAKWOOD ST. • 1 L- Reference is hereby made to the Assessor maps of the County of Riverside for an exact description of the lines and dimensions of each lot and parcel. LEGEND Boundaries of Annexation No. 4A to City of San Jacinto Community Facilities District No. 2003-1 439-070-052 Assessor Parcel Number Prepared by David Taussig & Associates, Inc. San Jacinto Annexation No. 4A to CFD 2003-1 Map Project Guide Annexation Map No. 4A Sheet Number Assessor Parcel Number(s) Tract Number(s) Project Name Land Owner / Developer Sheet 2 of 3 435-292-002 435-292-003 22347 Grand Industrial Park Thibodeaux, Lloyd B. & Joyce D. Thibodeaux, Lloyd H. & Mary; Thibodeaux Sheet 3 of 3 439-070-052 31717 Nelson Development Nelson Development, LLC 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 4.2 July 1, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Dorothy L. Chouinard, City ClerlY� ' SUBJECT: Estudillo Mansion Committee Vacancy"" - Selection of Ad Hoc Committee to review Estudillo Mansion Committee Applicants RECOMMENDATION: By motion appoint an ad hoc committee: 1) to review the applications and interview applicants; and 2) make a recommendation back to the full Council on July 15, 2004 BACKGROUND: The Estudillo Mansion Committee was originally established on February 18, 1999 by Resolution No. 99-3 of the Redevelopment Agency. The Estudillo Mansion Committee serves as an advisory committee to the City Council. Thus, the City Council makes the appointments to the committee. City Council Resolution No. 2305 clarified the terms including: A) There are a total of nine members B) Four (4) members may reside outside of the city limits of San Jacinto C) Those members seated will remain until the new appointments are made On June 17, 2004 Council narrowed the committee from nine (9) members to (7), following three resignations. Three terms will expire on August 1, 2005, and three terms August 1, 2006 and one on August 2007. Currently, the August 2007 seat is to be filled by the current recruitment. The City Clerk ran display advertisements in the local newspapers to solicit interested individuals to apply. Notices were, also, posted at City Hall, the Appr City Manager: Finance Director: Page 1 of 2 Library and the School District Administration building. The applications are to be received by the City Clerk's office by close of business July 12, 2004. Copies of the received applications will be provided to Council for the July 15, 2004 agenda packet. The next regular meeting of the Estudillo Mansion Committee is scheduled for August 4, 2004. JUSTIFICATION: To remain in compliance with the Resolution 2305 appointments need to be made to fill the expiring terms. BUDGETARY IMPACT: None ATTACHMENTS: Current Estudillo Mansion Committee Member List with terms of office Resolution 2305 Resolution 99-3 Page 2 of 2 ESTUDILLO MANSION COMMITTEE MEMBER LIST Name Phone Term Betty Jo Dunham - Member 909-654-9191 2002-2006 P.O. Box 993 San Jacinto, CA 92581 Sam Gaines 909-288-1112 2003-2007 895 Torno Avenue 909-487-0787 San Jacinto, CA 92583 Lucille R. Hedges 909-654-7778 2003-2007 971 Cypress Drive San Jacinto, Ca 92583 Del Kroker - Member 909-654-9270 2001-2005 2230-235 Lake Park Drive San Jacinto, CA 92583 Gwen Schlick - Member 909 654-4404 2001-2005 1238 Katrina Lane San Jacinto, CA 92583 Rebecca Schlosser - Member 909-654-4568 2002-2006 22440 San Jacinto Avenue San Jacinto, CA 92583 6/23/2004 RESOLUTION NO. 2305 A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA, ESTABLISHING AN ESTUDILLO MANSION COMMITTEE WHEREAS, on the 18th day of February, 1998, the Redevelopment Agency of the City of San Jacinto established an Estudillo Mansion Committee by the adoption of RDA 99-3, WHEREAS, in order to clarify the purpose, membership, and operating procedures for the Estudillo Mansion Committee and to establish that the Estudillo Mansion Committee is a Committee of the City of San Jacinto, rather than the Redevelopment Agency; WHEREAS, the Council wishes to ratify the make-up of the committee to include nine members, two of which may reside outside the City of San Jacinto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO AS FOLLOWS: Section 1. Estudillo Mansion Committee Established. The City Council hereby establishes an Estudillo Mansion Committee. Section 2. Purpose. The Committee is established for the purpose of advising on matters regarding the Estudillo Mansion. Section 3. Membership. The Estudillo Mansion Committee shall be comprised of nine members. Members shall be City residents, except that four members may reside outside the City. The Estudillo Mansion Committee shall be appointed by the City Council and be advisory to the Council. Members of the Estudillo Mansion Committee shall serve without compensation. Section 4. Appointment Term. To provide for staggered terms of office, three terms will expire on August 1, 2002, three will expire on August 1, 2003, and three terms will expire on August 1, 2005. All succeeding appointments to the Estudillo Mansion Committee shall be for a four-year term. A committee member whose term has expired shall continue to hold office until a successor has been appointed. Section 5. Vacancies and Removal of Members. Vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired term in the same manner as for an original appointment. Members may be -1- Ayes: Ayres, Carlson-Buydos, Good, Williams Noes: None Absent: Conner Abstain None Attest: Susan Matthew, City Clerk Patrick A. Williams, Mayor - 3 - RESOLUTION NO. RDA 99- 3 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, CALIFORNIA, ESTABLISHING AN ESTUDILLO MANSION COMMITTEE AND THE RULES OF PROCEDURE FOR THE MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES AND IDENTIFICATION OF THEIR PURPOSE AND TERMS OF OFFICE The purpose and intent of the Redevelopment Agency in adopting these rules is to provide directory guidelines relating to the conduct of public business by or on behalf of the Committee, and in the event of any non-compliance with or violation of any provision herein, such will not be deemed to affect the validity of any action taken, unless otherwise specifically provided by law, and to comply with the provisions of the Brown Act. The Committee is established for the purpose of overseeing and assisting the Redevelopment Agency on the restoration and future use of the Estudillo Mansion and work in an advisory capacity to the Executive Director and the Redevelopment Agency. The terms of office shall be for a period of four years, with the initial appointments having three terms of office for two years and drawn by lot at the first regular meeting of the Committee. The two year terms shall end February 1, 2001 and the four offices with four year terms shall end February 1, 2003. Staff support for the Committee shall be provided by the Community Development Department. All references to gender shall include the masculine, feminine and neuter. The following rules of the Committee are hereby adopted: 1. MEETINGS 1.1 REGULAR MEETINGS The Committee shall hold regular meetings at the Valley Wide Recreation District Conference Room, 901 W. Esplanade Avenue, San Jacinto, on the first Thursday of each month, beginning at 7:00 A.M., and the third Thursday of each month at 7:00 P.M. Additional meetings may be added as necessary. 1.2 ADJOURNED MEETINGS Any meeting may be adjourned to a time, place and date certain, but not beyond the next regular meeting. Once adjourned the meeting may not be reconvened. Items to be considered for Committee action shall be submitted to the Executive Director no later than one week prior to the meeting for consideration. Staff reports for Committee action shall be submitted to the Executive Director no later than the One week preceding the meeting. All reports shall be submitted on the proper form with complete information as to the subject matter, recommendation, fiscal impact, and contain the necessary attachments and exhibits. 2.2 DELIVERY OF AGENDA Barring insurmountable difficulties, the agenda shall ordinarily be available to members and the general public each by 5:00 P.M. preceding the Meeting to which it pertains. 2.3 CALL TO ORDER Before proceeding with the business of the Committee, the Executive Director shall record the names of those members present and they shall be entered in the minutes. 2.4 PUBLIC COMMENTS Any person may address the Committee on any subject pertaining to business listed on the agenda during the Public Comments portion of the meeting. A limitation of three (3) minutes shall be set for each person desiring to address the Committee during the Public Comments designation on the agenda or will be allowed as those items come up for consideration by the Committee. 2.5 APPROVAL OF MINUTES Unless requested by a majority of the Committee, minutes of the previous meeting may be approved without public reading if a copy of the minutes were previously furnished to each member of the Committee, and made available to the public. Minutes shall be prepared in accordance with the agenda format and as consistent as needed for the purpose of indexing legislative history. Minutes shall contain the necessary information for auditing and providing a clean paper trail and in no event anything less than the subject matter for consideration, the fiscal impact, identify contracting firms and individuals, and the action taken. With the exception of identifying individuals addressing the Committee, and their general remarks, the comments of Committee members shall be noted only when revising or amending a matter. The minutes shall reflect only the motion and vote of 3 3.4 MAINTENANCE OF ORDER The Presiding Officer is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the Chair. All questions and remarks shall be addressed to the Chair. 4. RULES, DECORUM AND ORDER 4.1 POINTS OF ORDER The Presiding Officer shall determine all Points of Order subject to the right of any member to appeal to the Committee. If any appeal is taken, the question shall be "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order. 4.2 DECORUM AND ORDER - COMMITTEE MEMBERS A. Any member desiring to speak shall address the Chair and upon recognition by the Presiding Officer, shall confine himself to the question under debate. B. A member desiring to question the staff shall address his question to the Chair, in appropriate cases, who shall be entitled either to answer the inquiry himself or to designate some member of his staff for the purpose. C. A member, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer; unless a Point of Order is raised by another member; or unless the speaker chooses to yield to questions from another member. D. Any member called to order while he is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, he shall be permitted to proceed. If ruled to be not in order, he shall remain silent or shall alter his remarks so as to comply with the rules of the Committee. E. Members shall accord the utmost courtesy to each other, to city employees, and to the public appearing before the committee and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as motives and personalities. 4.6 PERSONAL PRIVILEGE The right of a member to address the Committee on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are assailed, questioned or impugned. 4.7 CONFLICT OF INTEREST All members are subject to the provisions of California Law, such as Chapter 7, Title 9, of the California Government Code, relative to conflicts of interest, and to conflict of interest codes adopted by the city. Any member prevented from voting because of a conflict of interest shall refrain from debate and voting. Such member may choose to leave the Committee Chambers during debate and voting on the issue. 4.8 LIMITATION OF DEBATE Members normally should speak not more than once upon any one subject until every other member choosing to speak thereon has spoken. Members shall limit their statements to five (5) minutes each time they have the floor, unless the Committee, by majority vote approves an extended period. 4.9 DISSENTS, PROTESTS AND COMMENTS Any member shall have the right to express from, or protest to, or comment upon, any action of the Committee and have the reason entered in the minutes. If such dissent, protest or comment is desired to be entered in the minutes, this should be made clear by language such as "I would like the minutes to show that I am opposed to this action for the following reasons..." 4.10 RULINGS OF CHAIR FINAL UNLESS OVERRULED In presiding over Committee meetings, the Presiding Officer shall refer to "Roberts Rules of Order" to decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by majority vote of the members present and voting, and shall be binding and legally effective for purposes of the matter under consideration. ADDRESSING THE COMMITTEE 5.1 MANNER OF ADDRESSING THE COMMITTEE 7 5.4.1 At any time, before or after the public comments is commenced, the Presiding Officer may request to direct the communication to the Executive Director during regular business hours, or in writing for subsequent submittal to members. 5.4.2 The Presiding Officer may limit the number of speakers heard on agenda topics at a single meeting. Those whose presentations are postponed shall be given priority at the next meeting during the "Public Comments" agenda item. 5.4.3 If it appears that several speakers desire to speak regarding a single topic, the Presiding Office may reasonably limit the number of speakers as to each side of an issue. In this regard, preference may be given to speakers who represent groups of persons who have designated a spokesperson. 5.4.4 No public comments shall be allowed to include charges or complaints against any employee of the city, regardless of whether such employee is identified in the presentation by name or by any other reference which tends to identify him. All charges or complaints against employees shall be submitted to the Contract Officer for appropriate action, to protec the rights of employees. 5.4.5 No section or subsection of these rules shall be construed as to prohibit the right of the public to the criticism of the policies, procedures, programs, or services of the city or the acts or omissions of the Committee. 5.5 PERSONS AUTHORIZED TO BE WITHIN THE DIOCESE No person except the city officials shall be permitted within the diocese area in front of the Committee table without the invitation or consent of the Presiding Officer. MOTIONS 6.1 PROCESSING OF MOTIONS When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it. 6.2 MOTIONS OUT OF ORDER 9 6.8 MOTION TO LIMIT OR TERMINATE DISCUSSION Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion prevails, a vote shall be taken on the main motion. 6.9 MOTION TO AMEND A motion to amend shall be debatable only as to the amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment. Amendments shall be voted first, then the main motion as amended. 6.10 MOTION TO CONTINUE Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set. 7 VOTING PROCEDURES 7.1 VOTING PROCEDURE In acting upon every motion, the vote shall be taken by manual audible means and the vote on each motion shall be entered in full upon the record. Members shall respond "aye", "nay", or "abstain", and any member not responding "no" or "abstain" or otherwise registering an objection shall have his vote recorded as "aye". The order of roll call voting shall be alphabetical with the Chair voting last. The Executive Director shall call the names of all members seated when a roll call vote is ordered or required. 7.2 ROLL CALL VOTING Any question before the Committee shall not require a roll call vote unless demanded by any member. It shall not be in order for members to explain their vote during the vote. Any member may change his vote before the next order of business. 7.3 FAILURE TO VOTE 11 AGENDA ITEM 4.3 July 1, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Habib Motlagh, City Engineer(" SUBJECT: Lake Park Drive Well — Modifications to Pumping Capacity RECOMMENDATION: By motion, approve the upgrades to the pumping capacity of Lake Park Drive Well per City's Consultant Stetson Engineering recommendations of June 10, 2004 (see attached); and appropriate additional funding in the amount of $200,000, to increase pumping capacity to 3,000 GPM from the originally designed 2,000 GPM. BACKGROUND: On April 1, 2004, the City Council awarded the public works contract to Beylik Drilling, Inc., in the amount of $1,134,600.00, plus 15% contingency ($1,304,790.), for the drilling of the City's fourth water well, equipment, and waterline installation on Main Street. Even though the City's contractor encountered some problems at the beginning of the project with piles of old bridge structures (unknown to the Stetson Engineering during design), the contractor has been very successful in testing for water quality and quantity. During drilling of the well, soils looked promising for greater pumping capacity than the 2,000 GPM in the original design. Therefore, under the recommendation of Stetson Engineering the well was drilled from the original design of 1,000' in depth to 1400', to increase the potential to 3,000 GPM, at an estimated cost of $200,000 for pump, stand-by generator, and motor control center (upgrades to handle the 3,000 GMP equipment). Since the City is concern with the current operation of existing wells and water reliability, staff is recommending the upgrade of the pumping equipment, which upgrade/modifications' result will most likely be equivalent to drilling another well, achieving savings due to the economy of scale. Page 1 of 2 As of the writing of this report, the City's contractor Beylik Drilling is conducting a test to determine the pumping capacity of the new well at the 1,400' depth. Testing will continue for 48-hours. City's consultant, Stetson Engineering will present the final pumping test results at the meeting of July 1st JUSTIFICATION: Ensure the availability of reliable source of water to the customers within the City's Water Service Area at a reasonable cost. BUDGETARY IMPACT: Adequate funding is included in current Fiscal Year Budget 03-04, as project No. 02-22. Change orders year-to-date total $27,503, covering the extra work associated with the conflict with the old bridge piles. If we are to include the additional cost of $200,000 to approved contract and existing change orders, the total project cost is estimated at $1,362,103.00. Available funds in water bond are $1.5 Million. ATTACHMENTS: 1. Stetson Engineering Letter dated June 10, 2004 Page 2 of 2 DRAFT 1935-03 Covina June 10, 2004 Mr. Habib Motlagh 170-A Wilkerson Ave. Perris, CA 92570 SUBJECT: Modification of the Lake Park Drive Well Pumping Capacity Dear Mr. Motlagh: During drilling of the exploratory borehole for the Lake Park Drive Well, geologic data indicated the well site appeared to be in a highly productive aquifer. After providing this information to City staff, Stetson Engineers Inc. was informed the City of San Jacinto (City) is interested in increasing the well's design pumping capacity of 2,000 gallons per minute (gpm), as specified in the well construction specifications, to up to 3,000 gpm. Based on geologic and water quality data obtained from the exploratory borehole, the 3,000-gpm pumping capacity appears to be technically and economically feasible because of the following reasons. First, results from the exploratory borehole have confirmed the Lake Park Drive site is an excellent site for a water supply well. Good water -bearing formations (mostly poorly graded sand), found between depths of 600 and 1,200 feet below ground surface (bgs), suggest a high yield (production) well at small drawdowns. The quality of groundwater in these water -bearing formations appears to be excellent, with low levels of total dissolved solids and hardness. The contaminants of concern such as nitrate, iron, manganese, and arsenic have not been detected or detected just above the detection limits. More importantly, thick clay layers between 500 and 600 feet bgs have been identified which may Stephen B. Johnson, P.E. Vice President Stetson Engineers Inc. J:W obs119351031WellConstruction\MotlaghLtrO608.doc AGENDA ITEM 4 14 July 1, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Peter A. Cosentini, City Manager SUBJECT: Public Policy Issue of Lakes and Residential Developments RECOMMENDATION: The City Manager recommends that the Council approve a policy position that the City will not allow lakes in the City, for the reasons cited in this report. BACKGROUND: It recently came to my attention that we have a proposed subdivision that is incorporating a large lake in the middle of the subdivision. This residential subdivision is in the floodplain and needs approximately $6 Million worth of dirt, in order to build the pads to an elevation to comply with flood control requirements. This is the number Mr. Steve Slater gave me when I asked him how much it would cost to truck in the dirt, if you did not dig the 50' deep lake. Mr. Frank Web, his associate, stated the cost was $2.4 Million. The developer is using the dirt from the lake to avoid the expense of trucking in the dirt. Another issue is the fact that the developer intends to fill the large lake with sewage affluent from the wastewater treatment plant. They have proposed tertiary treated affluent that may be available from EMWD in approximately 2006- 07. I believe there are several important public policy issues involved in this type of proposal and I believe it is in the City's best interest that we deal with these issues at a policy level. That is why this issue is before you. Subsequently to my decision to bring this item to Council as a policy issue, Vice Mayor Buydos requested that this report be on the July 1, 2004 agenda and no later. I intended to invest a little more time in my research of this issue; however, I wanted to accommodate Vice Mayor Buydos, so I had to immediately write this report. Some of the issues are generally discussed because time was not available to do a more thorough review. Page 1 of 6 Image Destruction First of all, let us take the issue of what happens to our community's image when you fill these types of residential lakes with sewage affluent. From an image standpoint, I do not believe that it is in the city's best interest to fill residential lakes, which are intended to be amenities, with the affluent from the wastewater treatment plant. I do not believe it is in the City's best interest to be known as the community that adorns itself by filling its residential lakes with residual water from processed human feces and urine. This is better known as the "ick" factor in the wastewater treatment plant profession. They actually have a name for this. The mental pictures of this substance create negative images which are real in the minds of people. I can imagine the nicknames for our community that may follow, if the Council embraces this practice. In the last several years, the Council has stood vigilant and has politically fought off a variety of uses that were perceived to have a negative impact on the image of the City of San Jacinto. A trash transfer station and a halfway house for drug addicts come to mind. After these well fought battles to protect the image of the City of San Jacinto, to allow developers to dump large quantities of affluent from a sewer treatment plant in our front yards and call it an amenity, is in my opinion, beyond human comprehension. We have fought hard for a positive community image, let's not throw it away so a developer can cut some cost corners and put $2.3 to $6 Million in his pocket because he does not want to pay the freight to haul the required amount of dirt to do the project the right way. Attractive Nuisance Inevitably, creating these large lakes, filled with sewage affluent, will be an attractive nuisances for children. Children will eventually find their way into these lakes, which creates a public health and safety issue. During my tour with Mr. Frank Webb (developer), Harlan Glenn (engineer), and Mr. Dorian Johnson (builder), we visited a lake filled with affluent in Temecula. The lake had signs posted that said "Do not drink" and "wash hands after contact." What public health concerns exist that cause the signs to be posted? Due to the Council Members request to present this issue by July 1, 2004, I did not have an opportunity to research these public health dangers. Council should also refer to the "fear factor" section of this report that briefly discuss some other public health concerns. City May Inherit These Affluent Holding Facilities/EMWD Evades Financial Responsibility In my 25-years of experience with wastewater treatment plants, I have noticed that the State Regional Quality Control Board, over the years has become increasingly restrictive in terms of its regulatory requirements in handling this Page 2 of 6 waste water affluent. For example, years ago, treatment plants have been allowed to dump into the rivers. State Regional Water Quality Control Board has increasingly become restrictive in this regard to the point where they are now advising some treatment plants that this type of discharge will be restricted in the future. What future restrictive regulations will be placed on these holding basins for sewage affluent is anyone's guess? These regulations will add costs to an HOA that is intended to take care of these lakes, as proposed by the developer. Over time, as the state regulatory agency increases its regulations and maintenance requirements for these holding facilities, the corresponding costs for maintaining these facilities will go up. Currently, the citizens of an H.O.A. will be required to acquire a state permit in order to operate and maintain these holding facilities. These permits are technical and may require consultants to assist in acquiring and maintaining the state required permit. Somewhere along the line, the citizens who make up these home owners associations will wonder why they were placed in the wastewater maintenance business. This is rightfully a responsibility of EMWD. EMWD should be incurring the cost and responsibility of these facilities, not small groups of our citizens through homeowners associations. Concerned citizens will eventually find their way to the City Council who allowed this transfer of responsibility and the Council will be asked to relieve the citizens of this unreasonable burden that they inherited because developers wanted to save the cost of hauling dirt. The City could be the agency that inherits the long term maintenance of these facilities if HOA abandon the maintenance of these facilities. In regards to the maintenance of such lakes, the City does not want to end up maintaining these facilities. If developers propose an HOA, HOA's can be dissolved by their own design and then you have a facility that is no longer being maintained and becomes a nuisance. The City can legal challenge the dissolving of the H.O.A., but that puts the City in litigation with large numbers of citizens. Because of the on -going costs, these neighborhoods will eventually come to the City to take it over, as a public facility. Politically, it will be difficult for the Council to deny these requests due to the voting strength of these large neighborhoods. The Potable Water or Ground Water Filling Option Causes Higher Water Rates Even if you do not exercise the option to fill these types of lakes with wastewater, and the City allows the construction and the filling of it with potable water, I believe this is also a negative step for the City. Participating in the Ground Water Management Plan, and in dealing with the various water purveyors in the valley, I have become keenly aware that water is in critical supply and its future supply is in question. To create a public policy that creates lakes that use ground water that it is in short supply, I believe it is misguided. This public policy on lakes would fly in the face of conservation efforts currently underway. The bottom line is that future water rates will be rapidly escalating due to the rapid depletion of Page 3 of 6 our ground water supply and the need to recharge the ground water basin with expensive imported water. This public policy of allowing lakes will accelerate the already rapidly dropping ground water levels. This will cause the citizens of San Jacinto to pay higher water rates. The developer has stated that this 12 acre lake (50 ft. drop at its lowest point), after being filled, losses the same amount of water from seepage and evaporation, as it takes to irrigate a park of a similar size. My counter argument to this is that not only will this development use water to irrigate its park and landscaping requirements but it will also use a similar amount of water for lakes. I believe we can find other amenities that do not use water to give added value to our developments. The Pit Nuisance Another concern if the site is graded, which will be done in the beginning of the development process, and the economy takes a dive is that the City may be left with a large 50-ft deep pit in the ground. This is an attractive nuisance and a danger to children, and unsightly. If the grading is done and the economy slows down, and the project is not built, this can be a logical scenario. The developers stated that these would be $400,000 - $500,000 homes. In a slowing economy, these are the first type of homes that are not built, thus, making this subdivision a little bit more risky in terms of its build -out. Another possible problem with this issue, is that once abandoned, it would take approximately $2.3 to $6 Million (in today's dollars) to fill the hole. This creates a practical financial obstacle in resolving what would be a 50 foot pit in the middle of town. Tom Rafferty, engineer under Habib, shared a real story of this nature that currently exists in a neighboring city. One of these lakes projects went bad and today there exists a large pit in that community that is filled with weeds. Let's not let this happen to our town. Creating a Negative Precedent If the Council approves the use of lakes in residential development, I envision that many future developments in the northern part of town will use this option to save millions of dollars of the expense of trucking dirt in to elevate the pads to deal with flood control requirements. As we all know, much of the land in the northern part of town is low land that is subject to flooding. Flood control regulations require developers to elevate the pads so that life and property is protected from the dangers of flooding. It is very expensive to truck in the required dirt to meet these requirements. In this particular development, the Lago Del Sol development, the developer stands to save $2.3 to $6 Million in dirt hauling expenses if we allow them to dig a lake. If we allow this practice, I believe many future developments will want to dig lakes to reduce their expenses Page 4 of 6 and increase their profits. The economic advantage of lakes is obvious and I believe we will see a proliferation of lakes if we set the precedent to allow lakes with the Lago Del Sol project. The problems identified in this repot would multiply because I envision the development community proposing many lakes if we set this negative precedent. The Fear Factor: In my research of this policy issue of lakes, I met with Harlan Glenn who is an engineer with extensive experience with lakes. I went on a tour with Mr. Glenn of several of his lakes in the county and with the developers who were proposing to build the lake project in our community. I met with Dorian Johnson of Granite Homes and also Mr. Frank Web, Steve Slater, and Mike Record concerning the Lago Del Sol project. Harlan advised of a similar facility that was denied a permit by the Health Department to fill it with affluent wastewater, due to what he referred to as the "fear factor." The concern here is that the technology is not currently available to identify all the various viruses that may live in affluent, which could cause potential health problems for humans. In light of this exposure, Harlan shared that the Health Department refused the permit in light of these immeasurable health risks to the public. I think this raises a possible public health problem in having a potential proliferation of these pools of affluent within the community. After I shared my concerns with Mr. Frank Web, he stated that he is willing to do the project without a lake. JUSTIFICATION: Establish public policy governing the orderly development of the city; preserving the City's positive image and identity; protect the health and welfare of our residents; responsibly utilizing the City's natural resources; not create public policies that could create eye sores, nuisances, and dangers for children; not create public policy that accelerates water rates; not create public policy that could expose the public to unknown and immeasurable health risks; not shift financial and liability responsibility from EMWD, and give it to small groups of our citizens; not create public policy that subsides the cost of development and in return gives the citizens of San Jacinto exposure to financial expenses, litigation, and liability. BUDGETARY IMPACT: Unknown. Page 5 of 6 ATTACHMENTS: 1. Comments by representative of state regulatory agencies — Attachment I 2 Regulations for recycled water — Attached II (look at Page No. 53) PETER A. COSENTINI City Manager a Page 6 of 6 -c---rac-G-, ni itzi- Contacted State Regional Water Control Board, Santa Ana, Riverside It was stated that by them using recycled water they would not be able to let any run-off water go into the lake, i.e., storm drains. If storm water was to run into the lake that they would have to treat the water by either a vegetated swell or inlet filets. Also, they would not be able to discharge any of the water, since they will be using recycled water. They would have to ensure that the lake never overflowed and be discharged onto streets or into any water way. They may be required to get a Water Quality Certificate. It was also advised that they would need to contact Department of Health Services, San Diego, for approval and also the permitting would be through the Regional Control Board, Santa Ana, Riverside. Also would need to contact EMWD to see if their discharging to the lake would meet their discharging permit. California Department of Health Services (CDHS) They stated that there are a lot of concerns, but we would need to contacted EMWD. EMWD has the permit for discharging of recycled water and the project would have to follow what their permit dictates. This is from CDHS and State Regional Water Control Board. It was stated that there are a lot of concerns that would have to be addressed by EMWD. 1. Public exposure. 2. Any potable water on the site -cross -connections. 3. Signage. 4. Will any water be used from the lake for irrigation? 5. Will there be a park area by the lake and if so, what type of recreation? 6. Will not be approved for body contact. California Health Laws Related to Recycled Water June 2001 Edition "The Purple Book" i�TT4- ciiin. rsn,T c), California Health Laws Related to Recycled Water "The Purple Book" Excerpts from the Health and Safety Code, Water Code, and Titles 22 and 17 of the California Code of Regulations Last Update: June 2001 The document is meant to be an aid to staff of the Drinking Water Program within the Department of Health Services Division of Drinking Water and Environmental Management. It should not be relied upon by the regulated community as the State of Califomia's representation of the law, since the published codes are the only official representations of the law. Published codes are available on the Internet at http:llwww.leginfo.ca.govl (statutes) and http://ccr.oal.ca.govl (regulations). They are also available at law libraries — call your County Bar Association for the nearest location. Every effort has been made to assure the accuracy of this compilation. Readers who find and error or who are aware of an omission should contact Jeff Stone of DHS' Recycled Water Unit at jstonel a©dhs.ca.gov. California Health Laws Related to Recycled Water June 2001 Edition Table of Contents Table of Contents HEALTH AND SAFETY CODE Division 104. Environmental Health Services Part 12. Drinking Water Chapter 4. California Safe Drinking Water Act ARTICLE 7. Requirements and Compliance Section 116551. Augmentation of source with recycled water Chapter 5. Water Equipment and Control Page ARTICLE 2. Cross -Connection Control by Water Users Section 116800. Control of users 1 116805. Fees 2 116810. Certification of device testers 2 116815. Purple pipe for recycled water 2 116820. Violations 3 WATER CODE Division 7. Water Quality Chapter 2. Definitions Section 13050. Terris used in this division 4 13051. Injection well 7 13169. Groundwater protection program 7 13274. Public water system rights 8 Chapter 6. Financial Assistance ARTICLE 1. State Water Quality Control Fund Section 13400. Definitions 8 13401. Fund's continuing existence 8 ii California Health Laws Related to Recycled Water June 2001 Edition Table of Contents ARTICLE 2. Loans to Local Agencies Section 13410. Applications 9 13411. DHS consultation 9 13412. Repayment 10 13413. Construction halted under health department orders 10 13414. Funding monies repaid 10 13415. Loans for studies and investigations 11 13416. Election required to enter into loan contract 11 13417. Election procedure 11 13418. Tahoe moratorium 12 ARTICLE 2.5. Local Bonds Section 13425. Applications 13 13426. Consultation with DHS on determinations 13 13427. Agreement by applicant 13 13428. Clean Water Bond Guarantee Fund 14 13429. Investment of money in fund 14 13430. Limitation on authorization to guarantee bonds 14 13431. Limitation on amounts paid 14 13432. Annual fee 15 13433. Rules and procedures authority 15 ARTICLE 3. State Water Pollution Cleanup and Abatement Account Section 13440. Fund established 15 13441. Sources of payment into account; availability for expenditure 15 13441.5. Loans from fund to account 16 13442. Use of monies to assist in clean-up 16 13443. Use of money for unforeseen water pollution 16 Chapter 7. Reclamation ARTICLE 1. Title Section 13500. Title 17 ARTICLE 2. Legislative Findings and Intent Section 13510. Public interest 17 iii Califomia Health Laws Related to Recycled Water June 2001 Edition Table of Contents 13511. Findings 17 13512. Legislative intention 17 ARTICLE 3. Financial Assistance Section 13515. Authority to loan 17 ARTICLE 4. Regulation Section 13520. Recycling criteria 18 13521. DHS establish criteria 18 13522. Abatement by DHS or LHD order 18 13522.5. Reports 18 13522.6. Failure to report 19 13522.7. Injunction 19 13523. DHS recommendation requirement 19 13523.1. Master permit requirements 20 13523.5. Salinity exception 20 13524. Establishment of criteria 21 13525. TRO and injunction 21 13525.5. Violation 21 13526. Misdemeanor 21 13527. Priority in financial assistance 21 13528. DHS powers 22 13529. Unauthorized discharges of recycled water 22 13529.2 Requirements if unauthorized discharge occurs 22 13529.4 Penalties 23 ARTICLE 5. Surveys and Investigations Section 13530. Duties of the department 24 ARTICLE 6. Waste Water Regulation Section 13540. DHS authority for findings and regulations 24 13541. Waste well 24 ARTICLE 7. Waste Water Reuse Section 13550. Legislative findings 24 13551. Industry and irrigation for restricted use of potable water 25 prohibited; use of recycled water iv California Health Laws Related to Recycled Water June 2001 Edition Table of Contents 13552. Restriction on Sections 13550 and 13551 26 13552.2. Legislative findings 26 13552.4. Authority to require use of recycled water for residential 26 landscaping 13552.6. Legislative findings 27 13552.8. Recycled water for floor trap priming, cooling towers, and 27 air-conditioning 13553. Legislative findings 29 13553.1 Legislative findings 29 13554. Recycled water for toilet and urinal flushing 30 13554.2. DHS fees 30 13554.3. State Board fees 32 13555.2. Legislative intent 32 13555.3. Separate pipelines 32 13556. Acquisition and provision of recycled water for beneficial use 33 Chapter 7.5. Water Recycling Act of 1991 Section 13575. Recycling Act Title 33 13576. Legislative findings 34 13577. Water recycling goal 35 13579. Identification of potential uses 35 13580. Application for recycled water supply 36 13580.5 Agreements 36 13580.7 Public agency retail water suppliers 37 13580.8 Retail water supplier regulated by the PUC 38 13580.9 City of West Covina 39 13581. Formal mediation process 40 13581.2 Process for a retail water supplier regulated by the PUC 40 13582. Construction of chapter 41 13583. Noncompliance 41 Chapter 22. Graywater for Home Irrigation Section 14875. Application of chapter 41 14875.1. Department 41 14876. Graywater definition 41 14877. Graywater system definition 42 14877.1. DHS consult on standards 42 14877.2. Local administration 42 14877.3. City or county - more stringent 42 v California Health Laws Related to Recycled Water June 2001 Edition Table of Contents Title 22, CALIFORNIA CODE OF REGULATIONS DIVISION 4. ENVIRONMENTAL HEALTH CHAPTER 1. INTRODUCTION ARTICLE 1. Definitions Section 60001. Department 60003. Director 43 43 CHAPTER 2. REGULATIONS FOR THE IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ARTICLE 1. General Requirements and Categorical Exemptions Section 60100. General requirements 43 60101. Specific activities within categorical exempt classes 43 CHAPTER 3. WATER RECYCLING CRITERIA ARTICLE 1 Definitions Section 60301. Definitions 45 60301.100. Approved laboratory 45 60301.160. Coagulated wastewater 45 60301.170. Conventional treatment 45 60301.200. Direct beneficial use 45 60301.220. Disinfected secondary-2.2 recycled water 45 60301.225. Disinfected secondary-23 recycled water 45 60301.230. Disinfected tertiary recycled water 46 60301.240. Drift 46 60301.245. Drift eliminator 46 60301.250. Dual plumbed system 47 60301.300. F-Specific bacteriophage MS-2 47 60301.310. Facility 47 60301.320. Filtered wastewater 47 60301.330. Food crops 48 60301.400. Hose bibb 48 60301.550. Landscape impoundment 48 60301.600. Modal contact time 48 60301.620. Nonrestricted recreational impoundment 48 vi California Health Laws Related to Recycled Water June 2001 Edition Table of Contents 60301.630. NTU 49 60301.650. Oxidized wastewater 49 60301.660. Peak dry weather design flow 49 60301.700. Recycled water agency 49 60301.710. Recycling plant 49 60301.740. Regulatory agency 49 60301.750. Restricted access golf course 49 60301.760. Restricted recreational impoundment 50 60301.800. Spray irrigation 50 60301.830. Standby unit process 50 60301.900. Undisinfected secondary recycled water 50 60301.920. Use area 50 ARTICLE 2. Sources of Recycled Water Section 60302. Source specifications 50 ARTICLE 3. Uses of Recycled Water Section 60303. Exceptions 51 60304. Use of recycled water for Irrigation 51 60305. Use of recycled water for impoundments 53 60306. Use of recycled water for cooling 53 60307. Use of recycled water for other purposes 54 ARTICLE 4. Use Area Requirements. Section 60310. Use Area Requirements 55 ARTICLE 5. Dual Plumbed Recycled Water Systems Section 60313. General Requirements 59 60314. Report Submittal 59 60315. Design Requirements 60 60316. Operation Requirements 60 ARTICLE 5.1. Groundwater recharge Section 60320. Groundwater recharge 61 vii California Health Laws Related to Recycled Water June 2001 Edition Table of Contents ARTICLE 5.5. Other methods of treatment Section 60320.5. Other methods of treatment ARTICLE 6. Sampling and analysis Section 60321. Sampling and Analysis 62 62 ARTICLE 7. Engineering Report and Operational Requirements Section 60323. Engineering report 62 60325. Personnel 63 60327. Maintenance 63 60329. Operating records and reports 63 60331. Bypass 64 ARTICLE 8. General Requirement of Design Section 60333. Flexibility of design 64 60335. Alarms 64 60337. Power supply 65 ARTICLE 9. Reliability Requirements for Primary Effluent Section 60339. Primary treatment 65 ARTICLE 10. Reliabililty Requirements for Full Treatment Section 60341. Emergency storage or disposal 65 60343. Primary treatment 66 60345. Biological treatment 67 60347. Secondary sedimentation 67 60349. Coagulation 67 60351. Filtration 68 60353. Disinfection 68 60355. Other altematives to reliability requirements 69 viii California Health Laws Related to Recycled Water June 2001 Edition Table of Contents Title 17, CALIFORNIA CODE OF REGULATIONS DIVISION 1. STATE DEPARTMENT OF HEALTH SERVICES CHAPTER 5. SANITATION (ENVIRONMENTAL) GROUP 4. DRINKING WATER SUPPLIES ARTICLE 1. General Section 7583. Definitions 70 7584. Responsibility and scope of program 71 7585. Evaluation of hazard 72 7586. User supervisor 72 ARTICLE 2. Protection of Water System Section 7601. Approval of backflow preventers 73 7602. Construction of backflow preventers 73 7603. Location of backflow preventers 73 7604. Type of protection required 74 7605. Testing and maintenance of backflow preventers 77 * ix California Health Laws Related to Recycled Water June 2001 Edition Health and Safety Code HEALTH AND SAFETY CODE Division 104. Environmental Health Services Part 12. Drinking Water Chapter 4. California Safe Drinking Water Act Article 7. Requirements and Compliance 116551. Augmentation of source with recycled water The department shall not issue a permit to a public water system or amend a valid existing permit for the use of a reservoir as a source of supply that is directly augmented with recycled water, as defined in subdivision (n) of Section 13050 of the Water Code, unless the department does all of the following: (a) Performs an engineering evaluation that evaluates the proposed treatment technology and finds that the proposed technology will ensure that the recycled water meets or exceeds all applicable primary and secondary drinking water standards and poses no significant threat to public health. (b) Hold at least three duly noticed public hearings in the area where the recycled water is proposed to be used or supplied for human consumption to receive public testimony on that proposed use. The department shall make available to the public, not Tess than 10 days prior to the date of the first hearing held pursuant to this subdivision, the evaluations and findings made pursuant to subdivision (a). Chapter 5. Water Equipment and Control Article 2. Cross -Connection Control by Water Users 116800. Control of users Local health officers may maintain programs for the control of cross -connections by water users, within the users' premises, where public exposure to drinking water contaminated by backflow may occur. The programs may include inspections within water users premises for the purpose of identifying cross -connection hazards and determining appropriate backflow protection. Water users shall comply with all orders, instructions, regulations, and notices from the local health officer with respect to the installation, testing, and maintenance of backflow prevention devices. The local health California Health Laws Related to Recycled Water June 2001 Edition Health and Safety Code officer may collect fees from those water users subject to inspection to offset the costs of implementing cross -connection control programs. 116805. Fees (a) Local health officers may maintain programs, in cooperation with water suppliers, to protect against backflow through service connections into the public water supply, and, with the consent of the water supplier, may collect fees from the water supplier to offset the costs of implementing these programs. (b) The fees authorized under this section and under Section 116800 shall be limited to the costs of administering these programs. At the discretion of the water supplier, the fees collected from the water supplier by the local health officer may be passed through to water users. (c) Programs authorized under this section and Section 116800 shall be conducted in accordance with backflow protection regulations adopted by the department. (d) Nothing in this article shall prevent a water supplier from directly charging those water users required to install backflow prevention devices for the costs of the programs authorized in this section and Section 116800. 116810. Certification of device testers To assure that testing and maintenance of backflow prevention devices are performed by persons qualified to do testing and maintenance, local health officers may maintain programs for certification of backflow prevention device testers. The local health officer may suspend, revoke, or refuse to renew the certificate of a tester, if, after a hearing before the local health officer or his or her designee, the local health officer or his or her designee finds that the tester has practiced fraud or deception or has displayed gross negligence or misconduct in the performance of his or her duties as a certified backflow prevention device tester. The local health officer may collect fees from certified testers to offset the cost of the certification program provided pursuant to this section. The certification standards shall be consistent with the backflow protection regulations adopted by the department. 116815. Purple pipe for recycled water (a) All pipes installed above or below the ground, on and after June 1, 1993, that are designed to carry recycled water, shall be colored purple or distinctively wrapped with purple tape. 2 California Health Laws Related to Recycled Water Health and Safety Code June 2001 Edition (b) Subdivision (a) shall apply only in areas served by a water supplier delivering water for municipal and industrial purposes, and n no event shall apply to any of the following: (1) Municipal or industrial facilities that have established a labeling or marking system for recycled water on their premises, as otherwise required by a local agency, that clearly distinguishes recycled water from potable water. (2) Water delivered for agricultural use. (c) For purposes of this section, "recycled water" has the same meaning as defined in subdivision (n) of Section 13050 of the Water Code. 116820. Violations Any person who violates any provision of this article, violates any order of the local health officer pursuant to this article, or knowingly files a false statement or report required by the local health officer pursuant to this article is guilty of a misdemeanor punishable by a fine not exceeding five hundred dollars ($500) or by imprisonment not exceeding 30 days in the county jail or by both such fine and imprisonment. Each day of a violation of any provision of this article or of any order of the local health officer beyond the time stated for compliance of the order shall be a separate offense. 3 California Health Laws Related to Recycled Water June 2001 Edition Water Code WATER CODE Division 7. Water Quality Chapter 2. Definitions 13050. Terms used in this division As used in this division: (a) "State board" means the State Water Resources Control Board. (b) "Regional board" means any California regional water quality control board for a region as specified in Section 13200. (c) "Person" includes any city, county, district, the state, and the United States, to the extent authorized by federal law. (d) 'Waste" includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for purposes of, disposal. (e) 'Waters of the state" means any surface water or groundwater, including saline waters, within the boundaries of the state. (f) "Beneficial uses" of the waters of the state that may be protected against quality degradation include, but are not limited to, domestic, municipal, agricultural and industrial supply; power generation; recreation; aesthetic enjoyment; navigation; and preservation and enhancement of fish, wildlife, and other aquatic resources or preserves. (g) "Quality of the water" refers to chemical, physical, biological, bacteriological, radiological, and other properties and characteristics of water which affect its use. (h) "Water quality objectives" means the limits or levels of water quality constituents or characteristics which are established for the reasonable protection of beneficial uses of water or the prevention of nuisance within a specific area. California Health Laws Related to Recycled Water June 2001 Edition Water Code (i) "Water quality control" means the regulation of any activity or factor which may affect the quality of the waters of the state and includes the prevention and correction of water pollution and nuisance. (j) "Water quality control plan" consists of a designation or establishment for the waters within a specified area of all of the following: (1) Beneficial uses to be protected. (2) Water quality objectives. (3) A program of implementation needed for achieving water quality objectives. (k) "Contamination" means an impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. "Contamination" includes any equivalent effect resulting from the disposal of waste, whether or not waters of the state are affected. (I) (1) "Pollution" means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects either of the following: (A) The waters for beneficial uses. (B) Facilities which serve these beneficial uses. (2) "Pollution" may include "contamination." (m) "Nuisance" means anything which meets all of the following requirements: (1) Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. (2) Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. (3) Occurs during, or as a result of, the treatment or disposal of wastes. (n) "Recycled water" means water which, as a result of treatment of waste, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefor considered a valuable resource. 5 Califomia Health Laws Related to Recycled Water June 2001 Edition Water Code (o) "Citizen or domiciliary" of the state includes a foreign corporation having substantial business contacts in the state or which is subject to service of process in this state. (p) (1) "Hazardous substance" means either of the following: (A) For discharge to surface waters, any substance determined to be a hazardous substance pursuant to Section 311(b)(2) of the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.). (B) For discharge to groundwater, any substance listed as a hazardous waste or hazardous material pursuant to Section 25140 of the Health and Safety Code, without regard to whether the substance is intended to be used, reused, or discarded, except that "hazardous substance" does not include any substance excluded from Section 311 (b)(2) of the Federal Water Pollution Control Act because it is within the scope of Section 311(a)(1) of that act. (2) "Hazardous substance" does not include any of the following: (A) Nontoxic, nonflammable, and noncorrosive stomiwater runoff drained from underground vaults, chambers, or manholes into gutters or storm sewers. (B) Any pesticide which is applied for agricultural purposes or is applied in accordance with a cooperative agreement authorized by Section 116180 of the Health and Safety Code, and is not discharged accidentally or for purposes of disposal, the application of which is in compliance with all applicable state and federal laws and regulations. (C) Any discharge to surface water of a quantity Tess than a reportable quantity as determined by regulations issued pursuant to Section 311(b)(4) of the Federal Water Pollution Control Act. (D) Any discharge to land which results, or probably will result, in a discharge to groundwater if the amount of the discharge to land is Tess than a reportable quantity, as determined by regulations adopted pursuant to Section 13271, for substances listed as hazardous pursuant to Section 25140 of the Health and Safety Code. No discharge shall be deemed a discharge of a reportable quantity until regulations set a reportable quantity for the substance discharged. 6 California Health Laws Related to Recycled Water June 2001 Edition Water Code (q) (1) "Mining waste" means all solid, semisolid, and liquid waste materials from the extraction, beneficiation, and processing of ores and minerals. Mining waste includes, but is not limited to, soil, waste rock, and overburden, as defined in Section 2732 of the Public Resources Code, and tailings, slag, and other processed waste materials, including cementitious materials that are managed at the cement manufacturing facility where the materials were generated. (2) For the purposes of this subdivision, "cementitious material" means cement, cement kiln dust, clinker, and clinker dust. (r) "Master recycling permit" means a permit issued to a supplier or a distributor, or both, of recycled water, that includes waste discharge requirements prescribed pursuant to Section 13263 and water recycling requirements prescribed pursuant to Section 13523.1. 13051. Injection well As used in this division, "injection well" means any bored, drilled, or driven shaft, dug pit, or hole in the ground into which waste or fluid is discharged, and any associated subsurface appurtenances, and the depth of which is greater than the circumference of the shaft, pit, or hole. 13169. Groundwater protection program (a) The state board is authorized to develop and implement a groundwater protection program as provided under the Safe Drinking Water Act, Section 300 and following of Title 42 of the United States Code, and any federal act that amends or supplements the Safe Drinking Water Act. The authority of the state board under this section includes, but is not limited to, the following: (1) To apply for and accept state groundwater protection grants from the federal government. (2) To take any additional action as may be necessary or appropriate to assure that the state's groundwater protection program complies with any federal regulations issued pursuant to the Safe Drinking Water Act or any federal act that amends or supplements the Safe Drinking Water Act. (b) Nothing in this section is intended to expand the authority of the state board as authorized under the Porter -Cologne Water Quality Control Act (Div. 7 (commencing with Sec. 13000) Wat. C.). 7 California Health Laws Related to Recycled Water June 2001 Edition Water Code 13274. Public water system rights (a) Notwithstanding any other provision of law, any public water system regulated by the State Department of Health Services shall have the same legal rights and remedies against a responsible party, when the water supply used by that public water system is contaminated, as those of a private land owner whose groundwater has been contaminated. (b) For purposes of this section, "responsible party" has the same meaning as defined in Section 25323.5 of the Health and Safety Code. Chapter 6. Financial Assistance Article 1. State Water Quality Control Fund 13400. Definitions As used in this chapter, unless otherwise apparent from the context: (a) "Fund" means the State Water Quality Control Fund. (b) "Public agency" means any city, county, city and county, district, or other political subdivision of the state. (c) "Facilities" means: (1) facilities for the collection, treatment, or export of waste when necessary to prevent water pollution, (2) facilities to recycle wastewater and to convey recycled water, (3) facilities or devices to conserve water, or (4) any combination of the foregoing. 13401. Fund's continuing existence (a) The State Water Quality Control Fund is continued in existence. The following moneys in the fund are appropriated, without regard to fiscal years, for expenditure by the state board in making loans to public agencies in accordance with this chapter: 8 California Health Laws Related to Recycled Water June 2001 Edition Water Code (1) The balance of the original moneys deposited in the fund. (2) Any money repaid to the fund. (3) Any remaining balance of the money in the fund deposited therein after the specific appropriations for loans to the South Tahoe Public Utility District, the North Tahoe Public Utility District, the Tahoe City Public Utility District, the Truckee Sanitary District, and to any other govemmental entity in the areas served by such districts have been made. (b) Notwithstanding subdivision (a), upon the order of the state board, the money in the State Water Quality Control Fund shall be transferred to the State Water Pollution Control Revolving Fund. Article 2. Loans to Local Agencies 13410. Applications Applications for construction loans under this chapter shall include: (a) A description of the proposed facilities. (b) A statement of facts showing the necessity for the proposed facilities and showing that funds of the public agency are not available for financing such facilities and that the sale of revenue or general obligation bonds through private financial institutions is impossible or would impose an unreasonable burden on the public agency. (c) A proposed plan for repaying the loan. (d) Other information as required by the state board. 13411. DHS consultation Upon a determination by the state board, after consultation with the State Department of Health, that (a) the facilities proposed by an applicant are necessary to the health or welfare of the inhabitants of the state, (b) that the proposed facilities meet the needs of the applicant, 9 California Health Laws Related to Recycled Water June 2001 Edition Water Code (c) that funds of the public agency are not available for financing such facilities and that the sale of revenue or general obligation bonds through private financial institutions is impossible or would impose an unreasonable burden on the public agency, (d) that the proposed plan for repayment is feasible, (e) in the case of facilities proposed under Section 13400(c)(1) that such facilities are necessary to prevent water pollution, (f) in the case of facilities proposed under Section 13400(c)(2) that such facilities will produce recycled water and that the public agency has adopted a feasible program for use thereof, and (g) in the case of facilities proposed under Section 13400(c)(3) that such facilities are a cost effective means of conserving water, the state board, subject to approval by the Director of Finance, may loan to the applicant such sum as it determines is not otherwise available to the public agency to construct the proposed facilities. 13412. Repayment No loan shall be made to a public agency unless it executes an agreement with the state board under which it agrees to repay the amount of the loan, with interest, within 25 years at 50 percent of the average interest rate paid by the state on general obligation bonds sold in the calendar year immediately preceding the year in which the loan agreement is executed. 13413. Construction halted under health department orders It is the policy of this state that, in making construction loans under this article, the state board should give special consideration to facilities proposed to be constructed by public agencies in areas in which further construction of buildings has been halted by order of the State Department of Health or a local health department, or both, or notice has been given that such an order is being considered; provided, however, that the public agencies designated in this section shall otherwise comply with and meet all requirements of other provisions of this chapter. 13414. Funding monies repaid All money received in repayment of loans under this chapter shall be paid to the State Treasurer and credited to the fund. 10 California Health Laws Related to Recycled Water June 2001 Edition Water Code 13415. Loans for studies and investigations (a) Loans may be made by the state board to public agencies to pay not more than one- half of the cost of studies and investigations made by such public agencies in connection with waste water reclamation. (b) Not more than a total of two hundred thousand dollars ($200,00) shall be loaned pursuant to this section in any fiscal year, and not more than fifty thousand dollars ($50,000) shall be loaned to any public agency in any fiscal year pursuant to this section. In the event that less than two million dollars ($2,000,000) is available in any fiscal year for loans under this article, then not more than 10 percent of the available amount shall be available for loans for studies and investigations pursuant to this section. (c) Applications for such loans shall be made in such form, and shall contain such information, as may be required by the state board. (d) Such loans shall be repaid within a period not to exceed 10 years, with interest at a rate established in the manner provided in Section 13412. 13416. Election required to enter into loan contract Before a public agency may enter into a contract with the state board for a construction loan under this chapter, the public agency shall hold an election on the proposition of whether or not the public agency shall enter into the proposed contract and more than 50 percent of the votes cast at such election must be in favor of such proposition. 13417. Election procedure The election shall be held in accordance with the following provisions: (a) The procedure for holding an election on the incurring of bonded indebtedness by such public agency shall be utilized for an election of the proposed contract as nearly as the same may be applicable. Where the law applicable to such agency does not contain such bond election procedure, the procedure set forth in the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) Part 1, Division 2, Title 5 of the Govemment Code), as it may now or hereafter be amended, shall be utilized as nearly as the same may be applicable. (b) No particular form of ballot is required. 11 California Health Laws Related to Recycled Water June 2001 Edition Water Code (c) The notice of the election shall include a statement of the time and place of the election, the purpose of the election, the general purpose of the contract, and the maximum amount of money to be borrowed from the state under the contract. (d) The ballots for the election shall contain a brief statement of the general purpose of the contract substantially as stated in the notice of the election, shall state the maximum amount of money to be borrowed from the state under the contract, and shall contain the words "Execution of contract —Yes" and "Execution of contract —No." (e) The election shall be held in the entire public agency except where the public agency proposes to contract with the state board on behalf of a specified portion, or of specified portions of the public agency, in which case the election shall be held in such portion or portions of the public agency only. 13418. Tahoe moratorium Notwithstanding any provision of this chapter or any other provision of law, including, but not limited to, the provisions of Chapter 47 and 137 of the Statutes of 1966, First Extraordinary Session, Chapter 1679 of the Statutes of 1967, Chapter 1356 of the Statutes of 1969, and Chapter 920 of the Statutes of 1970, or the provisions of any existing loan contract entered into pursuant to this chapter or any other such provision of law, there shall be a two-year moratorium following the effective date of this section on that portion of the principal and interest payments otherwise required in repayment of funds heretofore loaned to the North Tahoe Public Utility District, the Tahoe City Public Utility District, the South Tahoe Public Utility District, the Truckee Sanitary District, the Squaw Valley County Water District, and the Alpine Springs County Water District pursuant to this chapter or any act of the Legislature authorizing a state loan for the purpose of permitting any such agency to construct necessary sewage and storm drainage facilities to prevent and control water pollution in the area served by such agency, equal in percentage, as determined by the Department of Finance, to the percentage of property tax revenues lost to the agency by reason of the adoption of Article XIIIA of the Califomia Constitution, unless moneys are otherwise available for such repayment from state allocations or the sale of bonds authorized on or before July 1, 1978, but unissued. The provisions of this section do not apply to any sums which are required to be repaid immediately or in accordance with an accelerated time schedule pursuant to a duly entered stipulated judgment between the State of California and the Tahoe City Public Utility District. Interest on loans shall accrue during the moratorium period and be repaid by the recipients of the loans, in addition to the normal principal and interest payments. 12 California Health Laws Related to Recycled Water June 2001 Edition Water Code Article 2.5 Local Bonds 13425. Applications Applications for guarantees for local agency bonds under this chapter shall include: (a) A description of the proposed facilities. (b) A financing plan for the proposed facilities, including the amount of debt and maximum term to maturity of the proposed local agency bond issue and identification of sources of revenue that will be dedicated to payment of principal and interest on the bonds. (c) Other information as required by the state board. The state board may provide that the application may be combined with applications for any other source of funds administered by the state board. 13426. Consultation with DHS on determinations The state board, subject to approval by the Director of Finance, may agree to provide a guarantee pursuant to this article for all or a specified part of the proposed local agency bond issue upon making, after consultation with the State Department of Health Services, all of the following determinations: (a) The facilities proposed by an applicant are necessary to the health or welfare of the inhabitants of the state and are consistent with water quality control plans adopted by regional boards. (b) The proposed facilities meet the needs of the applicant. (c) The proposed bond issue and plan repayment are sound and feasible. (d) In the case of facilities proposed under paragraph (2) of subdivision (c) of Section 13400, the facilities will produce recycled water and the applicant has adopted a feasible program for the use of the facilities. The state board may adopt criteria for ranking and setting priorities among applicants for those guarantees. 13427. Agreement by applicant No guarantee shall be extended to any applicant unless it executes an agreement with the state board under which the applicant agrees to the following provisions: 13 Califomia Health Laws Related to Recycled Water June 2001 Edition Water Code (a) To proceed expeditiously with, and complete, the proposed project. (b) To commence operation of the project on completion, and to properly operate and maintain the work in accordance with applicable provisions of law. (c) To issue bonds and to levy fines, charges, assessments, or taxes to pay the principal of, and interest on, the bonds as described in the application. (d) To diligently and expeditiously collect those levies, including timely exercise of available legal remedies in the event of delinquency or default. (e) To act in accordance with such other provisions as the state board may require. 13428. Clean Water Bond Guarantee Fund Notwithstanding Section 13340 of the Govemment Code, the money in the Clean Water Bond Guarantee Fund, which is hereby created, is continuously appropriated to the state board without regard to fiscal years for the purposes of this chapter. 13429. Investment of money in fund Money in the Clean Water Bond Guarantee Fund not needed for making payments on guaranteed bonds pursuant to this chapter shall be invested pursuant to law. All proceeds of the investment shall be deposited in that fund to the extent permitted by federal law. 13430. Limitation on authorization to guarantee bonds The state board's authorization to guarantee bonds under this article shall be limited to bonds with a total principal amount of not more than 10 times the amount in the Clean Water Bond Guarantee Fund at the time the state board determines to extend each guarantee pursuant to Section 13426. 13431. Limitation on amounts paid Under no circumstances shall the amount paid out as a result of bond guarantees extended pursuant to this article exceed the amount in the Clean Water Bond Guarantee Fund. This article does not express or imply any commitment by the state board or any other agency of the state to pay any money or levy any charge or tax or otherwise exercise its faith and credit on behalf of any local agency or bondholder beyond the funds in the Clean Water Bond Guarantee Fund. 14 California Health Laws Related to Recycled Water June 2001 Edition Water Code 13432. Annual Fee The state board may charge an annual fee not to exceed one -tenth of 1 percent of the principal amount of each bond issue that it guarantees for guarantee coverage. The state board may charge a lesser amount. The proceeds of any fee shall be paid into the Clean Water Bond Guarantee Fund. 13433. Rules and procedures authority The state board shall, by regulation, prescribe rules and procedures for all of the following: (a) To pay money from the Clean Water Bond Guarantee Fund to an insured local agency or bondholder in the event that the amount in the local agency's bond reserve fund falls below a minimum amount, or in the event of failure by the local agency to pay the principal of, or interest on, an insured bond issue on time, as the state board may require. (b) To require, by court action if necessary, a local agency to raise sewer service charges, levy additional assessments, collect charges or assessments, or foreclose or otherwise sell property as needed to prevent a reduction in the local agency's bond reserve fund, or to prevent default, or to collect funds to repay to the fund any payments made pursuant to subdivision (a). Article 3. State Water Pollution Cleanup and Abatement Account 13440. Fund established There is in the State Water Quality Control Fund the State Water Pollution Cleanup and Abatement Account (hereinafter called the "account"), to be administered by the state board. 13441. Sources of payment into account; availability for expenditure There is to be paid into the account all moneys from the following sources: (a) All moneys appropriated by the Legislature for the account. (b) All moneys contributed to the account by any person and accepted by the state board. 15 California Health Laws Related to Recycled Water June 2001 Edition Water Code (c) One-half of all moneys collected by way of criminal penalty and all moneys collected civilly under any proceeding brought pursuant to any provision of this division. (d) All moneys collected by the state board for the account under Section 13304. The first unencumbered five hundred thousand dollars ($500,000) paid into the account in any given fiscal year is available without regard to fiscal years, for expenditure by the state board in accordance with the provisions of this article. The next unencumbered five hundred thousand dollars ($500,000), or any portion thereof, deposited in any given fiscal year, is available for expenditure by the state board for the purposes of this article, subject to the provisions set forth in Section 28 of the Budget Act of 1984 (Chapter 258 of the Statutes of 1984). The next unencumbered one million dollars ($1,000,000) deposited in the account in any given fiscal year is available for expenditure by the state board for the purposes of Section 13443. The remaining unencumbered funds deposited in the account in any given fiscal year is available without regard to fiscal years to the state board for expenditure for the purposes set forth in Section 13442. 13441.5. Loans from fund to account The State Treasurer, when requested by the state board and approved by the Director of Finance, shall transfer moneys in the nature of a loan from the State Water Quality Control Fund to the account created pursuant to Section 13440, which shall be repayable from the account to such fund; provided, that the moneys transferred from the fund to the account shall not exceed the sum of twenty-five thousand dollars ($25,000) at any one time. 13442. Use of monies to assist in clean-up Upon application by a public agency with authority to clean up a waste or abate the effects thereof, the state board may order moneys to be paid from the account to the agency to assist it in cleaning up the waste or abating its effects on waters of the state. The agency shall not become liable to the state board for repayment of such moneys, but this shall not be any defense to an action brought pursuant to subdivision (b) of Section 13304 for the recovery of moneys paid hereunder. 13443. Use of money for unforeseen water pollution Upon application by a regional board that is attempting to remedy a significant unforeseen water pollution problem, posing an actual or potential public health threat, and for which the regional board does not have adequate resources budgeted, the state board may order moneys to be paid from the account to the regional board to assist it in responding to the problem. 16 Califomia Health Laws Related to Recycled Water June 2001 Edition Water Code Chapter 7 Reclamation Article 1. Title 13500. Title This chapter shall be known as and may be cited as the Water Recycling Law. Article 2. Legislative Findings and Intent 13510. Public interest It is hereby declared that the people of the state have a primary interest in the development of facilities to recycle water containing waste to supplement existing surface and underground water supplies and to assist in meeting the future water requirements of the state. 13511. Findings The Legislature finds and declares that a substantial portion of the future water requirements of this state may be economically met by beneficial use of recycled water. The Legislature further finds and declares that the utilization of recycled water by local communities for domestic, agricultural, industrial, recreational, and fish and wildlife purposes will contribute to the peace, health, safety and welfare of the people of the state. Use of recycled water constitutes the development of "new basic water supplies" as that term is used in Chapter 5 (commencing with Section 12880) of Part 6 of Division 6. 13512. Legislative intention It is the intention of the Legislature that the state undertake all possible steps to encourage development of water recycling facilities so that recycled water may be made available to help meet the growing water requirements of the state. Article 3. Financial Assistance 13515. Authority to loan In order to implement the policy declarations of this chapter, the state board is authorized to provide loans for the development of water reclamation facilities, or for 17 California Health Laws Related to Recycled Water June 2001 Edition Water Code studies and investigations in connection with water reclamation, pursuant to the provisions of Chapter 6 (commencing with Section 13400) of this division. Article 4. Regulation 13520. Recycling criteria As used in this article "recycling criteria" are the levels of constituents of recycled water, and means for assurance of reliability under the design concept which will result in recycled water safe from the standpoint of public health, for the uses to be made. 13521. DHS establishes recycling criteria The State Department of Health Services shall establish uniform statewide recycling criteria for each varying type of use of recycled water where the use involves the protection of public health. 13522. Abatement by DHS or local health officer (a) Whenever the State Department of Health Services or any local health officer finds that a contamination exists as a result of the use of recycled water, the department or local health officer shall order the contamination abated in accordance with the procedure provided for in Chapter 6 (commencing with Section 5400) of Part 3 of Division 5 of the Health and Safety Code. (b) The use of recycled water in accordance with the uniform statewide recycling criteria established pursuant to Section 13521, for the purpose of this section, does not cause, constitute, or contribute to, any form of contamination, unless the department or the regional board determines that contamination exists. 13522.5. Reports (a) Except as provided in subdivision (e), any person recycling or proposing to recycle water, or using or proposing to use recycled water, within any region for any purpose for which recycling criteria have been established, shall file with the appropriate regional board a report containing information required by the regional board. (b) Except as provided in subdivision (e), every person recycling water or using recycled water shall file with the appropriate regional board a report of any material change or proposed change in the character of the recycled water or its use. 18 California Health Laws Related to Recycled Water June 2001 Edition Water Code (c) Each report under this section shall be swom to, or submitted under penalty of perjury. (d) This section shall not be construed so as to require any report in the case of any producing, manufacturing, or processing operation involving the recycling of water solely for use in the producing, manufacturing, or processing operation. (e) Except upon the written request of the regional board, a report is not required pursuant to this section from any user of recycled water which is being supplied by a supplier or distributor for whom a master recycling permit has been issued pursuant to Section 13523.1. 13522.6. Failure to report Any person failing to furnish a report under Section 13522.5 when so requested by a regional board is guilty of a misdemeanor. 13522.7. Injunction The Attorney General, at the request of the regional board, shall petition the superior court for the issuance of a temporary restraining order, temporary injunction or permanent injunction, or combination thereof, as may be appropriate, requiring any person not complying with Section 13522.5 to comply forthwith. 13523. DHS recommendation requirement (a) Each regional board, after consulting with and receiving the recommendations of the State Department of Health Services and any party who has requested in writing to be consulted, and after any necessary hearing, shall, if in the judgment of the board, it is necessary to protect the public health, safety, or welfare, prescribe water reclamation requirements for water which is used or proposed to be used as reclaimed water. (b) The requirements may be placed upon the person reclaiming water, the user, or both. The requirements shall be established in conformance with the uniform statewide reclamation criteria established pursuant to Section 13521. The regional board may require the submission of a preconstruction report for the purpose of determining compliance with the uniform statewide reclamation criteria. The requirements for a use of reclaimed water not addressed by the uniform statewide reclamation criteria shall be considered on a case -by -case basis. 19 California Health Laws Related to Recycled Water June 2001 Edition Water Code 13523.1. Master permit requirements (a) Each regional board, after consulting with, and receiving the recommendations of, the State Department of Health Services and any party who has requested in writing to be consulted, with the consent of the proposed permittee, and after any necessary hearing, may, in lieu of issuing waste discharge requirements pursuant to Section 13263 or water reclamation requirements pursuant to Section 13523 for a user of reclaimed water, issue a master reclamation permit to a supplier or distributor, or both, of reclaimed water. (b) A master reclamation permit shall include, at least, all of the following: (1) Waste discharge requirements, adopted pursuant to Article 4 (commencing with Section 13260) of Chapter 4. (2) A requirement that the permittee comply with the uniform statewide reclamation criteria established pursuant to Section 13521. Permit conditions for a use of reclaimed water not addressed by the uniform statewide water reclamation criteria shall be considered on a case -by -case basis. (3) A requirement that the permittee establish and enforce rules or regulations for reclaimed water users, goveming the design and construction of reclaimed water use facilities and the use of reclaimed water, in accordance with the uniform statewide reclamation criteria established pursuant to Section 13521. (4) A requirement that the permittee submit a quarterly report summarizing reclaimed water use, including the total amount of reclaimed water supplied, the total number of reclaimed water use sites, and the locations of those sites, including the names of the hydrologic areas underlying the reclaimed water use sites. (5) A requirement that the permittee conduct periodic inspections of the facilities of the reclaimed water users to monitor compliance by the users with the uniform statewide reclamation criteria established pursuant to Section 13521 and the requirements of the master reclamation permit. (6) Any other requirements determined to be appropriate by the regional board. 13523.5. Salinity exception A regional board may not deny issuance of water reclamation requirements to a project which violates only a salinity standard in the basin plan. 20 California Health Laws Related to Recycled Water June 2001 Edition Water Code 13524. Establishment of criteria No person shall recycle water or use recycled water for any purpose for which recycling criteria have been established until water recycling requirements have been established pursuant to this article or a regional board determines that no requirements are necessary. 13525. TRO and injunction Upon the refusal or failure of any person or persons recycling water or using recycled water to comply with the provisions of this article, the Attorney General, at the request of the regional board, shall petition the superior court for the issuance of a temporary restraining order, preliminary injunction, or permanent injunction, or combination thereof, as may be appropriate, prohibiting forthwith any person or persons from violating or threatening to violate the provisions of this article. 13525.5. Violation Any person recycling water or using recycled water in violation of Section 13524, after such violation has been called to his attention in writing by the regional board, is guilty of a misdemeanor. Each day of such recycling or use shall constitute a separate offense. 13526. Misdemeanor Any person who, after such action has been called to his attention in writing by the regional board, uses recycled water for any purpose for which recycling criteria have been established prior to the establishment of water recycling requirements, is guilty of a misdemeanor. 13527. Priority in financial assistance (a) In administering any statewide program of financial assistance for water pollution or water quality control which may be delegated to it pursuant to Chapter 6 (commencing with Section 13400) of this division, the state board shall give added consideration to water quality control facilities providing optimum water recycling and use of recycled water. (b) Nothing in this chapter prevents the appropriate regional board from establishing waste discharge requirements if a discharge is involved. 21 California Health Laws Related to Recycled Water June 2001 Edition Water Code 13528. DHS powers No provision of this chapter shall be construed as affecting the existing powers of the State Department of Health Services. 13529. Unauthorized discharges of recycled water The Legislature hereby finds and declares all of the following: (a) The purpose of Section 13529.2 is to establish notification requirements for unauthorized discharges of recycled water to waters of the state. (b) It is the intent of the Legislature in enacting this section to promote the efficient and safe use of recycled water. (c) The people of the state have a primary interest in the development of facilities to recycle water to supplement existing water supplies and to minimize the impacts of growing demand for new water on sensitive natural water bodies. (d) A substantial portion of the future water requirements of the state may be economically met by the beneficial use of recycled water. (e) The Legislature has established a statewide goal to recycle 700,000 acre-feet of water per year by the year 2000 and 1,000,000 acre-feet of water per year by the year 2010. (f) The use of recycled water has proven to be safe and the State Department of Health Services is drafting regulations to provide for expanded uses of recycled water. 13529.2. Requirements if unauthorized discharge occurs (a) Any person who, without regard to intent or negligence, causes or permits an unauthorized discharge of 50,000 gallons or more of recycled water, as defined in subdivision (c), or 1,000 gallons or more of recycled water, as defined in subdivision (d), in or on any waters of the state , or causes or permits such unauthorized discharge to be discharged where it is, or probably will be, discharged in or on any waters of the state, shall, as soon as (1) that person has knowledge of the discharge, (2) notification is possible, and 22 California Health Laws Related to Recycled Water June 2001 Edition Water Code (3) notification can be provided without substantially impeding cleanup or other emergency measures, immediately notify the appropriate regional board. (b) For the purposes of this section, an unauthorized discharge means a discharge not authorized by waste discharge requirements pursuant to Article 4 of Chapter 4 (commencing with Section 13260), water reclamation requirements pursuant to Section 13523, a master reclamation permit pursuant to Section 13523.1, or any other provision of this division. (c) For the purposes of this section, "recycled water" means wastewater treated as "disinfected tertiary 2.2 recycled water," as defined or described by the State Department of Health Services or wastewater receiving advanced treatment beyond disinfected tertiary 2.2 recycled water. (d) For purposes of this section, "recycled water" means "recycled water," as defined in subdivision (n) of Section 13050, which is treated at a level Tess than "disinfected tertiary 2.2 recycled water," as defined or described by the State Department of Health Services. (e) The requirements in this section supplement, and shall not supplant, any other provisions of law. 13529.4. Penalties (a) Any person refusing or failing to provide the notice required by Section 13529.2, or as required by a condition of waste discharge requirements requiring notification of unauthorized releases of recycled water as defined in Section 13529.2, may be subject to administrative civil liability in an amount not to exceed the following: (1) For the first violation, or a subsequent violation occurring more than 365 days from a previous violation, five thousand dollars ($5,000). (2) For a second violation occurring within 365 days of a previous violation, ten thousand dollars ($10,000). (3) For a third or subsequent violation occurring within 365 days of a previous violation, twenty-five thousand dollars ($25,000). (b) The penalties in this section supplement, and shall not supplant, any other provisions of law. 23 Califomia Health Laws Related to Recycled Water June 2001 Edition Water Code Article 5. Surveys and Investigations 13530. Duties of the department The department, either independently or in cooperation with any person or any county, state, federal, or other agency, or on request of the state board, to the extent funds are allocated therefor, shall conduct surveys and investigations relating to the reclamation of water from waste pursuant to Section 230. Article 6 Waste Water Regulation 13540. DNS authority for findings and regulations No person shall construct, maintain or use any waste well extending to or into a subterranean water -bearing stratum that is used or intended to be used as, or is suitable for, a source of water supply for domestic purposes. Notwithstanding the foregoing, when a regional board finds that water quality considerations do not preclude controlled recharge of such stratum by direct injection, and when the State Department of Health Services, following a public hearing, finds the proposed recharge will not impair the quality of water in the receiving aquifer as a source of water supply for domestic purposes, recycled water may be injected by a well into such stratum. The State Department of Health Services may make and enforce such regulations pertaining thereto as it deems proper. Nothing in this section shall be construed to affect the authority of the state board or regional boards to prescribe and enforce requirements for such discharge. 13541. Waste well As used in this article, "waste well" includes any hole dug or drilled into the ground, used or intended to be used for the disposal of waste. Article 7. Waste Water Reuse 13550. Legislative findings (a) The Legislature hereby finds and declares that the use of potable domestic water for nonpotable uses, including, but not limited to, cemeteries, golf courses, parks, highway landscaped areas, and industrial and irrigation uses, is a waste or an unreasonable use of the water within the meaning of Section 2 of Article X of the Califomia Constitution if recycled water is available which meets all of the following conditions, as determined by 24 California Health Laws Related to Recycled Water June 2001 Edition Water Code the state board, after notice to any person or entity who may be ordered to use recycled water or to cease using potable water and a hearing held pursuant to Article 2 (commencing with Section 648) of Chapter 1.5 of Division 3 of Title 23 of the California Code of Regulations: (1) The source of recycled water is of adequate quality for these uses and is available for these uses. In determining adequate quality, the state board shall consider all relevant factors, including, but not limited to, food and employee safety, and level and types of specific constituents in the recycled water affecting these uses, on a user -by -user basis. In addition, the state board shall consider the effect of the use of recycled water in lieu of potable water on the generation of hazardous waste and on the quality of wastewater discharges subject to regional, state, or federal permits. (2) The recycled water may be furnished for these uses at a reasonable cost to the user. In determining reasonable cost, the state board shall consider all relevant factors, including, but not limited to, the present and projected costs of supplying, delivering, and treating potable domestic water for these uses and the present and projected costs of supplying and delivering recycled water for these uses, and shall find that the cost of supplying the treated recycled water is comparable to, or less than, the cost of supplying potable domestic water. (3) After concurrence with the State Department of Health Services, the use of recycled water from the proposed source will not be detrimental to public health. (4) The use of recycled water for these uses will not adversely affect downstream water rights, will not degrade water quality, and is determined not to be injurious to plantlife, fish, and wildlife. (b) In making the determination pursuant to subdivision (a), the state board shall consider the impact of the cost and quality of the nonpotable water on each individual user. (c) The state board may require a public agency or person subject to this article to fumish information which the state board determines to be relevant to making the determination required in subdivision (a). 13551. Industry and irrigation for restricted use of potable water prohibited: use of recycled water A person or public agency, including a state agency, city, county, city and county, district, or any other political subdivision of the state, shall not use water from any 25 California Health Laws Related to Recycled Water June 2001 Edition Water Code source of quality suitable for potable domestic use for nonpotable uses, including cemeteries, golf courses, parks, highway landscaped areas, and industrial and irrigation uses if suitable recycled water is available as provided in Section 13550; however, any use of recycled water in lieu of water suitable for potable domestic use shall, to the extent of the recycled water so used, be deemed to constitute a reasonable beneficial use of that water and the use of recycled water shall not cause any loss or diminution of any existing water right. 13552. Restrictions on Sections 13550 and 13551 The amendments to Sections 13550 and 13551 of the Water Code made during the first year of the 1991-92 Regular Session are not intended to alter any rights, remedies, or obligations which may exist prior to January 1, 1992, pursuant to, but not limited to, those sections or Chapter 8.5 (commencing with Section 1501) of Part 1 of Division 1 of the Public Utilities Code. 13552.2. Legislative findings (a) The Legislature hereby finds and declares that the use of potable domestic water for the irrigation of residential landscaping is a waste or an unreasonable use of water within the meaning of Section 2 of Article X of the Califomia Constitution if recycled water, for this use, is available to the residents and meets the requirements set forth in Section 13550, as determined by the state board after notice and a hearing. (b) The state board may require a public agency or person subject to this section to submit information that the state board determines may be relevant in making the determination required in subdivision (a). 13552.4. Authority to require use of recycled water for residential landscaping (a) Any public agency, including a state agency, city, county, city and county, district, or any other political subdivision of the state, may require the use of recycled water for irrigation of residential landscaping, if all of the following requirements are met: (1) Recycled water, for this use, is available to the user and meets the requirements set forth in Section 13550, as determined by the state board after notice and a hearing. (2) The use of recycled water does not cause any Toss or diminution of any existing water right. 26 California Health Laws Related to Recycled Water June 2001 Edition Water Code (3) The irrigation systems are constructed in accordance with Chapter 3 (commencing with Section 60301) of Division 4 of Title 22 of the Califomia Code Regulations. (b) This section applies to both of the following: (1) New subdivisions for which the building permit is issued on or after March 15, 1994, or, if a building permit is not required, new structures for which construction begins on or after March 15, 1994, for which the State Department of Health Services has approved the use of recycled water. (2) Any residence that is retrofitted to permit the use of recycled water for landscape irrigation and for which the State Department of Health Services has approved the use of recycled water. (c) (1) Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to any project which only involves the repiping, redesign, or use of recycled water for irrigation of residential landscaping necessary to comply with a requirement prescribed by a public agency under subdivision (a). (2) The exemption in paragraph (1) does riot apply to any project to develop recycled water, to construct conveyance facilities for recycled water, or any other project not specified in this subdivision. 13552.6. Legislative findings (a) The Legislature hereby finds and declares that the use of potable domestic water for floor trap priming, cooling towers, and air-conditioning devices is a waste or an unreasonable use of water within the meaning of Section 2 of Article X of the Califomia Constitution if recycled water, for these uses, is available to the user, and the water meets the requirements set forth in Section 13550, as determined by the state board after notice and a hearing. (b) The state board may require a public agency or person subject to this section to submit information that the state board determines may be relevant in making the determination required in subdivision (a). 13552.8. Recycled water for floor trap priming, cooling towers, and air- conditioning (a) Any public agency, including a state agency, city, county, city and county, district, or any other political subdivision of the state, may require the use of recycled water in floor 27 Califomia Health Laws Related to Recycled Water June 2001 Edition Water Code trap priming, cooling towers, and air-conditioning devices, if all of the following requirements are met: (1) Recycled water, for these uses, is available to the user and meets the requirements set forth in Section 13550, as determined by the state board after notice and a hearing. (2) The use of recycled water does not cause any Toss or diminution of any existing water right. (3) If public exposure to aerosols, mist, or spray may occur, appropriate mist mitigation or mist control is provided, such as the use of mist arrestors or the addition of biocides to the water in accordance with criteria established pursuant to Section 13521. (4) The person intending to use recycled water has prepared an engineering report pursuant to Section 60323 of Title 22 of the Califomia Code of Regulations that includes plumbing design, cross -connection control, and monitoring requirements for the public agency, which are in compliance with criteria established pursuant to Section 13521. (b) This section applies to both of the following: (1) New industrial facilities and subdivisions for which the building permit is issued on or after March 15, 1994, or, if a building permit is not required, new structures for which construction begins on or after March 15, 1994, for which the State Department of Health Services has approved the use of recycled water. (2) Any structure that is retrofitted to permit the use of recycled water for floor traps, cooling towers, or air-conditioning devices, for which the State Department of Health Services has approved the use of recycled water. (c) (1) Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to any project which only involves the repiping, redesign, or use of recycled water for floor trap priming, cooling towers, or air-conditioning devices necessary to comply with a requirement prescribed by a public agency under subdivision (a). (2) The exemption in paragraph (1) does not apply to any project to develop recycled water, to construct conveyance facilities for recycled water, or any other project not specified in this subdivision. 28 California Health Laws Related to Recycled Water June 2001 Edition Water Code 13553. Legislative findings (a) The Legislature hereby finds and declares that the use of potable domestic water for toilet and urinal flushing in structures is a waste or an unreasonable use of water within the meaning of Section 2 of Article X of the Califomia Constitution if recycled water, for these uses, is available to the user and meets the requirements set forth in Section 13550, as determined by the state board after notice and a hearing. (b) The state board may require a public agency or person subject to this section to furnish whatever information may be relevant to making the determination required in subdivision (a). (c) For the purposes of this section and Section 13554, "structure" or "structures" means commercial, retail, and office buildings, theaters, auditoriums, schools, hotels, apartments, barracks, dormitories, jails, prisons, and reformatories, and other structures as determined by the State Department of Health Services. (d) Nothing in this section or Section 13554 applies to a pilot program adopted pursuant to Section 13553.1. 13553.1. Legislative findings (a) The Legislature hereby finds and declares that certain coastal areas of the state have been using sea water to flush toilets and urinals as a means of conserving potable water; that this practice precludes the beneficial reuse of treated wastewater and has had a deleterious effect on the proper wastewater treatment process, and has led to corrosion of the sea water distribution pipelines and wastewater collection systems; and that this situation must be changed. (b) There is a need for a pilot program to demonstrate that conversion to the use of recycled water in residential buildings for toilet and urinal flushing does not pose a threat to public health and safety. (c) A city that is providing a separate distribution system for sea water for use in flushing toilets and urinals in residential structures may, by ordinance, authorize the use of recycled water for the flushing of toilets and urinals in residential structures if the level of treatment and the use of the recycled water meets the criteria set by the State Department of Health Services. 29 California Health Laws Related to Recycled Water June 2001 Edition Water Code 13554. Recycled water for toilet and urinal flushing (a) Any public agency, including a state agency, city, county, city and county, district, or any other political subdivision of the state, may require the use of recycled water for toilet and urinal flushing in structures, except a mental hospital or other facility operated by a public agency for the treatment of persons with mental disorders, if all of the following requirements are met: (1) Recycled water, for these uses, is available to the user and meets the requirements set forth in Section 13550, as determined by the state board after notice and a hearing. (2) The use of recycled water does not cause any Toss or diminution of any existing water right. (3) The public agency has prepared an engineering report pursuant to Section 60323 of Title 22 of the Califomia Code of Regulations that includes plumbing design, cross -connection control, and monitoring requirements for the use site, which are in compliance with criteria established pursuant to Section 13521. (b) This section applies only to either of the following: (1) New structures for which the building permit is issued on or after March 15, 1992, or, if a building permit is not required, new structures for which construction begins on or after March 15, 1992. (2) Any construction pursuant to subdivision (a) for which the State Department of Health Services has, prior to January 1, 1992, approved the use of recycled water. (c) Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to any project which only involves the repiping, redesign, or use of recycled water by a structure necessary to comply with a requirement issued by a public agency under subdivision (a). This exemption does not apply to any project to develop recycled water, to construct conveyance facilities for recycled water, or any other project not specified in this subdivision. 13554.2. DHS fees (a) Any person or entity proposing the use of recycled water shall reimburse the State Department of Health Services for reasonable costs that department actually incurs in performing duties pursuant to this chapter. 30 California Health Laws Related to Recycled Water June 2001 Edition Water Code (b) (1) Upon a request from the person or entity proposing the use of recycled water, the State Department of Health Services shall, within a reasonable time after the receipt of the request, provide an estimate of the costs that it will reasonably incur in the performance of its duties pursuant to this chapter. (2) For purposes of implementing subdivision (a), that department shall maintain a record of its costs. In determining those costs, that department may consider costs that include, but are not limited to, costs relating to personnel requirements, materials, travel, and office overhead. The amount of reimbursement shall be equal to, and may not exceed, that department's actual costs. (c) With the consent of the person or entity proposing the use of recycled water, the State Department of Health Services may delegate all or part of the duties that department performs pursuant to this chapter within a county to a local health agency authorized by the board of supervisors to assume these duties, if, in the judgment of that department, the local health agency can perform these duties. Any person or entity proposing the use of recycled water shall reimburse the local health agency for reasonable costs that the local health agency actually incurs in the performance of its duties delegated pursuant to this subdivision. (d) (1) Upon a request from the person or entity proposing the use of recycled water, the local health agency shall, within a reasonable time after the receipt of the request, provide an estimate of the cost it will reasonably incur in the performance of its duties delegated under subdivision (c). (2) The local health agency, if delegated duties pursuant to subdivision (c), shall maintain a record of its costs that include, but is not limited to, costs relating to personnel requirements, materials, travel, and office overhead. The amount of reimbursement shall be equal to, and may not exceed, the local health agency's actual costs. (e) The State Department of Health Services or local health agency shall complete its review of a proposed use of recycled water within a reasonable period of time. That department shall submit to the person or entity proposing the use of recycled water a written determination as to whether the proposal submitted is complete for purposes of review within 30 days from the date of receipt of the proposal and shall approve or disapprove the proposed use within 30 days from the date on which that department determines that the proposal is complete. (f) An invoice for reimbursement of services rendered shall be submitted to the person or entity proposing the use of recycled water subsequent to completion of review of the 31 California Health Laws Related to Recycled Water June 2001 Edition Water Code proposed use, or other services rendered, that specifies the number of hours spent by the State Department of Health Services or local health agency, specific tasks performed, and other costs actually incurred. Supporting documentation, including receipts, logs, timesheets, and other standard accounting documents, shall be maintained by that department or local health agency and copies, upon request, shall be provided to the person or entity proposing the use of recycled water. (g) For the purposes of this section, "person or entity proposing the use of recycled water" means the producer or distributor of recycled water submitting a proposal to the department. 13554.3. State Board fees The State Water Resources Control Board may establish a reasonable schedule of fees by which it is reimbursed for the costs it incurs pursuant to Sections 13553 and 13554. 13555.2. Legislative intent The Legislature hereby finds and declares that many local agencies deliver recycled water for nonpotable uses and that the use of recycled water is an effective means of meeting the demands for new water caused by drought conditions or population increases in the state. It is the intent of the Legislature to encourage the design and construction of water delivery systems on private property that deliver water for both potable and nonpotable uses in separate pipelines. 13555.3. Separate pipelines (a) Water delivery systems on private property that could deliver recycled water for nonpotable uses described in Section 13550, that are constructed on and after January 1, 1993, shall be designed to ensure that the water to be used for only potable domestic uses is delivered, from the point of entry to the private property to be served, in a separate pipeline which is not used to deliver the recycled water. (b) This section applies to water delivery systems on private property constructed within either of the following jurisdictions: (1) One that has an urban water management plan that includes the intent to develop recycled water use. (2) One that does not have an urban water management plan that includes recycled water use, but that is within five miles of a jurisdiction that does have an 32 Califomia Health Laws Related to Recycled Water June 2001 Edition Water Code urban water management plan that includes recycled water use, and has indicated a willingness to serve the water delivery system. (c) This section does not preempt local regulation of the delivery of water for potable and nonpotable uses and any local goveming body may adopt requirements which are more restrictive than the requirements of this section. 13556. Acquisition and provision of recycled water for beneficial use In addition to any other authority provided in law, any water supplier described in subdivision (b) of Section 1745 may acquire, store, provide, sell, and deliver recycled water for any beneficial use, including, but not limited to, municipal, industrial, domestic, and irrigation uses, if the water use is in accordance with statewide recycling criteria and regulations established pursuant to this chapter. Chapter 7.5. Water Recycling Act of 1991 13575. Recycling Act title (a) This chapter shall be known and may be cited as the Water Recycling Act of 1991. (b) As used in this chapter, the following terms have the following meanings: (1) "Customer" means a person or entity that purchases water from a retail water supplier. (2) "Entity responsible for groundwater replenishment" means any person or entity authorized by statute or court order to manage a groundwater basin and acquire water for groundwater replenishment. (3) "Recycled water" has the same meaning as defined in subdivision (n) of Section 13050. (4)'Recycled water producer" means any local public entity that produces recycled water. (5) "Recycled water wholesaler" means any local public entity that distributes recycled water to retail water suppliers and which has constructed, or is constructing, a recycled water distribution system. 33 California Health Laws Related to Recycled Water June 2001 Edition Water Code (6) "Retail water supplier" means any local entity, including a public agency, city, county, or private water company, that provides retail water service. (7) "Retailer" means the retail water supplier in whose service area is located the property to which a customer requests the delivery of recycled water service. 13576. Legislative findings The Legislature hereby makes the following findings and declarations: (a) The State of California is subject to periodic drought conditions. (b) The development of traditional water resources in Califomia has not kept pace with the state's population, which is growing at the rate of over 700,000 per year and which is anticipated to reach 36 million by the year 2010. (c) There is a need for a reliable source of water for uses not related to the supply of potable water to protect investments in agriculture, greenbelts, and recreation and to replenish groundwater basins, and protect and enhance fisheries, wildlife habitat, and riparian areas. (d) The environmental benefits of recycled water include a reduced demand for water in the Sacramento -San Joaquin Delta which is otherwise needed to maintain water quality, reduced discharge of waste into the ocean, and the enhancement of groundwater basins, recreation, fisheries, and wetlands. (e) The use of recycled water has proven to be safe from a public health standpoint, and the State Department of Health Services is updating regulations for the use of recycled water. (f) The use of recycled water is a cost-effective, reliable method of helping to meet California's water supply needs. (g) The development of the infrastructure to distribute recycled water will provide jobs and enhance the economy of the state. (h) Retail water suppliers and recycled water producers and wholesalers should promote the substitution of recycled water for potable water and imported water in order to maximize the appropriate cost-effective use of recycled water in Califomia. (i) Recycled water producers, retail water suppliers, and entities responsible for groundwater replenishment should cooperate in joint technical, economic, and 34 California Health Laws Related to Recycled Water June 2001 Edition Water Code environmental studies, as appropriate, to determine the feasibility of providing recycled water service. (j) Retail water suppliers and recycled water producers and wholesalers should be encouraged to enter into contracts to facilitate the service of recycled and potable water by the retail water suppliers in their service areas in the most efficient and cost-effective manner (k) Recycled water producers and wholesalers and entities responsible for groundwater replenishment should be encouraged to enter into contracts to facilitate the use of recycled water for groundwater replenishment if recycled water is available and the authorities having jurisdiction approve its use. (I) Wholesale prices set by recycled water producers and recycled water wholesalers, and rates that retail water suppliers are authorized to charge for recycled water, should reflect an equitable sharing of the costs and benefits associated with the development and use of recycled water. 13577. Water recycling goal This chapter establishes a statewide goal to recycle a total of 700,000 acre-feet of water per year by the year 2000 and 1,000,000 acre-feet of water per year by the year 2010. 13579. Identification of potential uses (a) In order to achieve the goals established in Section 13577, retail water suppliers shall identify potential uses for recycled water within their service areas, potential customers for recycled water service within their service areas, and, within a reasonable time, potential sources of recycled water. (b) Recycled water producers and recycled water wholesalers may also identify potential uses for recycled water, and may assist retail water suppliers in identifying potential customers for recycled water service within the service areas of those retail water suppliers. (c) Recycled water producers, retail water suppliers, and entities responsible for groundwater replenishment may cooperate in joint technical, economic, and environmental studies, as appropriate, to determine the feasibility of providing recycled water service and recycled water for groundwater replenishment consistent with the criteria set forth in paragraphs (1) to (3), inclusive, of subdivision (a) of Section 13550 and in accordance with Section 60320 of Title 22 of the California Code of Regulations. 35 Califomia Health Laws Related to Recycled Water June 2001 Edition Water Code 13580. Application for recycled water supply (a) A retail water supplier that has identified a potential use or customer pursuant to Section 13579 may apply to a recycled water producer or recycled water wholesaler for a recycled water supply. (b) A recycled water producer or recycled water wholesaler that has identified a potential use or customer pursuant to Section 13579 may, in writing, request a retail water supplier to enter into an agreement to provide recycled water to the potential customer. (c) A customer may request, in writing, a retailer to enter into an agreement to provide recycled water to the customer. (d) (1) An entity responsible for groundwater replenishment that is a customer of a retail water supplier and that has identified the potential use of recycled water for groundwater replenishment purposes may, in writing, request that retail water supplier to enter into an agreement to provide recycled water for that purpose. That entity may not obtain recycled water for that purpose from a recycled water producer, a recycled water wholesaler, or another retail water supplier without the agreement of the entity's retail water supplier. (2) An entity responsible for groundwater replenishment that is not a customer of a retail water supplier and that has identified the potential use of recycled water for groundwater replenishment purposes may, in writing, request a retail water supplier, a recycled water producer, or a recycled water wholesaler to enter into an agreement to provide recycled water for that purpose. 13580.5. Agreements (a) (1) Subject to subdivision (e) of Section 13580.7, a retail water supplier that receives a request from a customer pursuant to subdivision (c) of Section 13580 shall enter into an agreement to provide recycled water, if recycled water is available, or can be made available, to the retail water supplier for sale to the customer. (2) Notwithstanding paragraph (1), in accordance with a written agreement between a recycled water producer or a recycled water wholesaler and a retail water supplier, the retail water supplier may delegate to a recycled water producer or a recycled water wholesaler its responsibility under this section to provide recycled water. 36 California Health Laws Related to Recycled Water June 2001 Edition Water Code (b) A customer may not obtain recycled water from a recycled water producer, a recycled water wholesaler, or a retail water supplier that is not the retailer without the agreement of the retailer. (c) If either a recycled water producer or a recycled water wholesaler provides a customer of a retail water supplier with a written statement that it can and will provide recycled water to the retailer, the retail water supplier shall, not later than 120 days from the date on which the retail water supplier receives the written statement from the customer, by certified mail, return receipt requested, submit a written offer to the customer. A determination of availability pursuant to Section 13550 is not required. (d) If the state board pursuant to Section 13550 makes a determination that there is available recycled water to serve a customer of a retail water supplier, the retail water supplier, not later than 120 days from the date on which the retail water supplier receives a copy of that determination from the customer, by certified mail, retum receipt requested, shall submit a written offer to the customer. 13580.7. Public Agency Retail Water Suppliers (a) This section applies only to a retail water supplier that is a public agency. (b) A customer may request, in writing, a retail water supplier to enter into an agreement or adopt recycled water rates in order to provide recycled water service to the customer. The retail water supplier, by certified mail return receipt requested, shall submit a written offer to the customer not later than 120 days from the date on which the retail water supplier receives the written request from the customer. (c) If no rate is in effect for recycled water service within the service area of a retail water supplier, the rate and conditions for recycled water service shall be established by contract between the retail water supplier and the customer, not later than 120 days from the date on which the customer requests a contract, or, by resolution or ordinance by the retail water supplier, not later than 120 days from the date on which the retail water supplier receives the customer's written request for an ordinance or resolution. (d) A rate for recycled water service established by contract, ordinance, or resolution, shall reflect a reasonable relationship between the amount of the rate and the retail cost of obtaining or producing the recycled water, the cost of conveying the recycled water, and overhead expenses for providing recycled water service. Capital costs of facilities required to serve the customer shall be amortized over the economic life of the facility, or the length of time the customer agrees to purchase recycled water, whichever is Tess. The rate shall not exceed the estimated reasonable cost of providing the service, and 37 Califomia Health Laws Related to Recycled Water June 2001 Edition Water Code any additional costs agreed to by the customer for recycled water supplemental treatment. (e) The rate for recycled water shall be comparable to, or less than, the retail water supplier's rate for potable water. If recycled water service cannot be provided at a rate comparable to, or less than, the rate for potable water, the retail water supplier is not required to provide the recycled water service, unless the customer agrees to pay a rate that reimburses the retail water supplier for the costs described in subdivision (c). (f) The offer required by subdivisions (c) and (d) of Section 13580.5 shall identify all of the following: (1) The source for the recycled water. (2) The method of conveying the recycled water. (3) A schedule for delivery of the recycled water. (4) The terms of service. (5) The rate for the recycled water, including the per -unit cost for that water. (6) The costs necessary to provide service and the basis for determining those costs. (g) This section does not apply to recycled water service rates established before January 1, 1999, or any amendments to those rates. 13580.8. Retail water supplier regulated by the PUC (a) This section applies only to a retail water supplier that is regulated by the Public Utilities Commission. (b) Rates for recycled water that is provided to the customer by a retail water supplier regulated by the Public Utilities Commission shall be established by the commission pursuant to Section 455.1 of the Public Utilities Code. A regulated water utility may request the commission to establish the rate or rates for the delivery of recycled or nonpotable water, with the objective of providing, where practicable, a reasonable economic incentive for the customer to purchase recycled or nonpotable water in place of potable water. 38 California Health Laws Related to Recycled Water June 2001 Edition Water Code (c) A regulated water utility may propose a rate or rates for recycled or nonpotable water by tariff or by contract between the retail water supplier and the customer. Where the rate or rates are set by contract, the water utility and its customer shall meet, confer, and negotiate in good faith to establish a contract rate. (d) The commission shall, as appropriate, provide a discount from the general metered rate of the water utility for potable water by either of the following means: (1) Passing through to the customer the net reduction in cost to the water utility in purchasing and delivering recycled or nonpotable water as compared to the cost of purchasing and delivering potable water. (2) Granting to the customer a uniform discount from the water utility's general metered potable water rate when the discount in paragraph (1) is determined to be an insufficient incentive for the customer to convert to the use of recycled or nonpotable water. If the commission provides for a discount pursuant to this paragraph that is greater than the water utility's reduction in cost, the commission shall authorize the water utility to include the aggregate amount of that discount in its revenue requirements to be applied to, and recovered in, rates that are applicable to all general metered customers. 13580.9. City of West Covina (a) Notwithstanding any other provision of law, and except as otherwise previously provided for in a contract agreed to by the customer and the City of West Covina, if the purchaser, contractor, or lessee of, or successor to, all or a portion of the water utility owned by the City of West Covina is a retail water supplier that is regulated by the Public Utilities Commission, rates for recycled or nonpotable water service to a closed hazardous waste and solid waste facility located within the boundaries of the City of West Covina for the purposes of inigation, recreation, or dust suppression or any other use at that facility shall be established in accordance with subdivisions (a) to (e), inclusive, of Section 13580.7, and if there is a failure to agree on the terms and conditions of a recycled or nonpotable water supply agreement for the delivery of water for those purposes by that purchaser, contractor, lessee, or successor, Section 13581 shall apply. (b) For the purpose of this section, nonpotable water that is not the result of the treatment of waste shall be treated as the equivalent of recycled water if it is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefor considered a valuable resource, if the use of that water will not adversely affect downstream water rights, degrade water quality, or be injurious to plant life, fish, or wildlife, as provided by statute or by regulations of the State Department of Health Services and the state board or a regional board, as appropriate. 39 Califomia Health Laws Related to Recycled Water June 2001 Edition Water Code 13581. Formal mediation process (a) If there is a failure to agree on terms and conditions of a recycled water supply agreement involving a retail water supplier that is a public agency within 180 days from the date of the receipt of a request for recycled water pursuant to subdivision (c) of Section 13580, a written statement pursuant to subdivision (c) of Section 13580.5, or a determination of availability pursuant to subdivision (d) of Section 13580.5, any party may request a formal mediation process. The parties shall commence mediation within 60 days after the mediation request is made. If the parties cannot agree on a mediator, the director shall appoint a mediator. The mediator may recommend to the parties appropriate terms and conditions applicable to the service of recycled water. The cost for the services of the mediator shall be divided equally among the parties to the mediation and shall not exceed twenty thousand dollars ($20,000). (b) If the parties in mediation reach agreement, both parties together shall draft the contract for the recycled water service. The parties shall sign the contract within 30 days. (c) If the parties in mediation fail to reach agreement, the affected retail water supplier shall, within 30 days, by resolution or ordinance, adopt a rate for recycled water service. The agency action shall be subject to validating proceedings pursuant to Chapter 9 (commencing with Section 860) of Part 2 of Title 10 of the Code of Civil Procedure, except that there shall not be a presumption in favor of the retail water supplier under the action taken to set the rate for recycled water service. The mediator shall file a report with the superior court setting forth the recommendations provided to the parties regarding appropriate terms and conditions applicable to the service of recycled water. Each party shall bear its own costs and attomey's fees. 13581.2. Process for a retail water supplier regulated by the PUC If the retail water supplier is regulated by the Public Utilities Commission, and there is a failure to agree on terms and conditions of a recycle water supply agreement with a customer within 180 days from the date of the receipt of a request for recycled water pursuant to subdivision (c) of Section 13580, a written statement pursuant to subdivision (c) of Section 13580.5, or a determination of availability pursuant to subdivision (d) of Section 13580.5, the matter shall be submitted to the Public Utilities Commission for resolution, and the commission shall determine a contract rate or rates for recycled water as provided in Section 13580.8. 40 Califomia Health Laws Related to Recycled Water June 2001 Edition Water Code 13582. Construction of chapter This chapter is not intended to alter either of the following: (a) Any rights, remedies, or obligations which may exist pursuant to Article 1.5 (commencing with Section 1210) of Chapter 1 of Part 2 of Division 2 of this code or Chapter 8.5 (commencing with Section 1501) of Part 1 of Division 1 of the Public Utilities Code. (b) Any rates established or contracts entered into prior to January 1, 1999. 13583. Noncompliance (a) If a retail water supplier that is a public agency does not comply with this chapter, the customer may petition a court for a writ of mandate pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure. (b) If a retail water supplier is regulated by the Public Utilities Commission and does not comply with this chapter, the Public Utilities Commission may order the retailer to comply with this chapter after receiving a petition from the customer specifying the provisions of this chapter with which the retailer has failed to comply. Chapter 22. Graywater for Home Irrigation 14875. Application of chapter This chapter applies to the construction, installation, or alteration of graywater systems for subsurface irrigation and other safe uses. 14875.1. Department Definition "Department" means the Department of Water Resources. 14876. Graywater definition "Graywater" means untreated wastewater which has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and which does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. Graywater includes wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs but does not include wastewater from kitchen sinks or dishwashers. 41 Califomia Health Laws Related to Recycled Water June 2001 Edition Water Code 14877. Graywater system definition "Graywater system" means a system and devices, attached to the plumbing system for the sanitary distribution or use of graywater. 14877.1. Consultation with DHS on standards (a) On or before January 1, 1997, the department, in consultation with the State Department of Health Services and the Center for Irrigation Technology at California State University, Fresno, shall adopt standards for the installation of graywater systems. In adopting these standards, the department shall consider, among other resources, "Appendix J," as adopted on September 29, 1992, by the International Association of Plumbing and Mechanical Officials, the graywater standard proposed for the latest edition of the Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials, the City of Los Angeles Graywater Pilot Project Final Report issued in November 1992, and the advice of the Center for Irrigation Technology at Califomia State University, Fresno, on the installation depth for subsurface drip irrigation systems. (b) The department shall include among the approved methods of subsurface irrigation, but shall not be limited to, drip systems. (c) The department shall revise its graywater systems standards as needed. 14877.2. Local administration A graywater system may be installed if the city or county having jurisdiction over the installation determines that the system complies with standards adopted by the department. 14877.3. City or county —more stringent After a public hearing, a city or county may adopt, by ordinance, standards that prohibit the use of graywater or standards that are more restrictive than the standards adopted by the department, as appropriate for the local area. 42 California Health Laws Related to Recycled Water June 2001 Edition Title 22 Title 22 Code of Regulations DIVISION 4. ENVIRONMENTAL HEALTH CHAPTER 1. INTRODUCTION ARTICLE 1. DEFINITIONS 60001. Department Whenever the term "department" is used in this division, it means the State Department of Health Services, unless otherwise specified. 60003. Director Whenever the term "director" is used in this division, it means the Director, State Department of Health Services, unless otherwise specified. CHAPTER 2. REGULATIONS FOR THE IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ARTICLE 1. GENERAL REQUIREMENTS AND CATEGORICAL EXEMPTIONS 60100. General requirements The Department of Health Services incorporates by reference the objectives, criteria, and procedures as delineated in Chapters 1, 2, 2.5, 2.6, 3, 4, 5, and 6, Division 13, Public Resources Code, Sections 21000 et seq., and the Guidelines for the Implementation of the California Environmental Quality Act, Title 14, Division 6, Chapter 3, California Administrative Code, Sections 15000 et seq. 60101. Specific activities within categorical exempt classes The following specific activities are determined by the Department to fall within the classes of categorical exemptions set forth in Sections 15300 et seq. of Title 14 of the California Administrative Code: (a) Class 1: Existing Facilities. Califomia Health Laws Related to Recycled Water June 2001 Edition Title 22 (1) Any interior or exterior alteration of water treatment units, water supply systems, and pump station buildings where the alteration involves the addition, deletion, or modification of mechanical, electrical, or hydraulic controls. (2) Maintenance, repair, replacement, or reconstruction to any water treatment process units, including structures, filters, pumps, and chlorinators. (b) Class 2: Replacement or Reconstruction. (1) Repair or replacement of any water service connections, meters, and valves for backflow prevention, air release, pressure regulating, shut-off and blow -off or flushing. (2) Replacement or reconstruction of any existing water supply distribution lines, storage tanks and reservoirs of substantially the same size. (3) Replacement or reconstruction of any water wells, pump stations and related appurtenances. (c) Class 3: New Construction of Small Structures. (1) Construction of any water supply and distribution lines of less than sixteen inches in diameter, and related appurtenances. (2) Construction of any water storage tanks and reservoirs of less than 100,000 gallon capacity. (d) Class 4: Minor Alterations to Land. (1) Minor alterations to land, water, or vegetation on any officially existing designated wildlife management areas or fish production facilities for the purpose of reducing the environmental potential for nuisances or vector production. (2) Any minor alterations to highway crossings for water supply and distribution lines. 44 California Health Laws Related to Recycled Water June 2001 Edition Title 22 CHAPTER 3 WATER RECYCLING CRITERIA ARTICLE 1 DEFINITIONS 60301. Definitions 60301.100. Approved laboratory "Approved laboratory" means a laboratory that has been certified by the Department to perform microbiological analyses pursuant to section 116390, Health and Safety Code. 60301.160. Coagulated wastewater "Coagulated wastewater" means oxidized wastewater in which colloidal and finely divided suspended matter have been destabilized and agglomerated upstream from a filter by the addition of suitable floc forming chemicals. 60301.170. Conventional treatment "Conventional treatment" means a treatment chain that utilizes a sedimentation unit process between the coagulation and filtration processes and produces an effluent that meets the definition for disinfected tertiary recycled water. 60301.200. Direct beneficial use "Direct beneficial use" means the use of recycled water that has been transported from the point of treatment or production to the point of use without an intervening discharge to waters of the State. 60301.220. Disinfected secondary-2.2 recycled water "Disinfected secondary-2.2 recycled water" means recycled water that has been oxidized and disinfected so that the median concentration of total coliform bacteria in the disinfected effluent does not exceed a most probable number (MPN) of 2.2 per 100 milliliters utilizing the bacteriological results of the last seven days for which analyses have been completed, and the number of total coliform bacteria does not exceed an MPN of 23 per 100 milliliters in more than one sample in any 30 day period. 60301.225. Disinfected secondary-23 recycled water "Disinfected secondary-23 recycled water" means recycled water that has been oxidized and disinfected so that the median concentration of total coliform bacteria in the disinfected effluent does not exceed a most probable number (MPN) of 23 per 100 45 California Health Laws Related to Recycled Water June 2001 Edition Title 22 milliliters utilizing the bacteriological results of the last seven days for which analyses have been completed, and the number of total coliform bacteria does not exceed an MPN of 240 per 100 milliliters in more than one sample in any 30 day period. 60301.230. Disinfected tertiary recycled water "Disinfected tertiary recycled water" means a filtered and subsequently disinfected wastewater that meets the following criteria: (a) The filtered wastewater has been disinfected by either: (1) A chlorine disinfection process following filtration that provides a CT (the product of total chlorine residual and modal contact time measured at the same point) value of not less than 450 milligram -minutes per liter at all times with a modal contact time of at least 90 minutes, based on peak dry weather design flow; or (2) A disinfection process that, when combined with the filtration process, has been demonstrated to inactivate and/or remove 99.999 percent of the plaque - forming units of F-specific bacteriophage MS2, or polio virus in the wastewater. A virus that is at least as resistant to disinfection as polio virus may be used for purposes of the demonstration. (b) The median concentration of total coliform bacteria measured in the disinfected effluent does not exceed an MPN of 2.2 per 100 milliliters utilizing the bacteriological results of the last seven days for which analyses have been completed and the number of total coliform bacteria does not exceed an MPN of 23 per 100 milliliters in more than one sample in any 30 day period. No sample shall exceed an MPN of 240 total coliform bacteria per 100 milliliters. 60301.240. Drift "Drift" means the water that escapes to the atmosphere as water droplets from a cooling system. 60301.245. Drift eliminator "Drift eliminator" means a feature of a cooling system that reduces to a minimum the generation of drift from the system. 46 Califomia Health Laws Related to Recycled Water June 2001 Edition Title 22 60301.250. Dual plumbed system "Dual plumbed system" or "dual plumbed" means a system that utilizes separate piping systems for recycled water and potable water within a facility and where the recycled water is used for either of the following purposes: (a) To serve plumbing outlets (excluding fire suppression systems) within a building or (b) Outdoor landscape irrigation at individual residences. 60301.300. F-Specific bacteriophage MS-2 "F-specific bacteriophage MS-2" means a strain of a specific type of virus that infects coliform bacteria that is traceable to the American Type Culture Collection (ATCC 15597B1) and is grown on lawns of E. coli (ATCC 15597). 60301.310. Facility "Facility" means any type of building or structure, or a defined area of specific use that receives water for domestic use from a public water system as defined in section 116275 of the Health and Safety Code. 60301.320. Filtered wastewater "Filtered wastewater" means an oxidized wastewater that meets the criteria in subsection (a) or (b): (a) Has been coagulated and passed through natural undisturbed soils or a bed of filter media pursuant to the following: (1) At a rate that does not exceed 5 gallons per minute per square foot of surface area in mono, dual or mixed media gravity, upflow or pressure filtration systems, or does not exceed 2 gallons per minute per square foot of surface area in traveling bridge automatic backwash filters; and (2) So that the turbidity of the filtered wastewater does not exceed any of the following: (A) An average of 2 NTU within a 24-hour period; (B) 5 NTU more than 5 percent of the time within a 24-hour period; and 47 Califomia Health Laws Related to Recycled Water June 2001 Edition Title 22 (C) 10 NTU at any time. (b) Has been passed through a microfiltration, ultrafiltration, nanofiltration, or reverse osmosis membrane so that the turbidity of the filtered wastewater does not exceed any of the following: (1) 0.2 NTU more than 5 percent of the time within a 24-hour period; and (2) 0.5 NTU at any time. 60301.330. Food crops "Food crops" means any crops intended for human consumption. 60301.400. Hose bibb "Hose bibb" means a faucet or similar device to which a common garden hose can be readily attached. 60301.550. Landscape impoundment "Landscape impoundment" means an impoundment in which recycled water is stored or used for aesthetic enjoyment or landscape irrigation, or which otherwise serves a similar function and is not intended to include public contact. 60301.600. Modal contact time "Modal contact time" means the amount of time elapsed between the time that a tracer, such as salt or dye, is injected into the influent at the entrance to a chamber and the time that the highest concentration of the tracer is observed in the effluent from the chamber. 60301.620. Nonrestricted recreational impoundment "Nonrestricted recreational impoundment" means an impoundment of recycled water, in which no limitations are imposed on body -contact water recreational activities. 48 California Health Laws Related to Recycled Water June 2001 Edition Title 22 60301.630. NTU "NTU" (Nephelometric turbidity unit) means a measurement of turbidity as determined by the ratio of the intensity of light scattered by the sample to the intensity of incident light as measured by method 2130 B. in Standard Methods for the Examination of Water and Wastewater, 20th ed.; Eaton, A. D., Clesceri, L. S., and Greenberg, A. E., Eds; American Public Health Association: Washington, DC, 1995; p. 2-8. 60301.650. Oxidized wastewater. "Oxidized wastewater" means wastewater in which the organic matter has been stabilized, is nonputrescible, and contains dissolved oxygen. 60301.660. Peak dry weather design flow "Peak Dry Weather Design Flow" means the arithmetic mean of the maximum peak flow rates sustained over some period of time (for example three hours) during the maximum 24-hour dry weather period. Dry weather period is defined as periods of little or no rainfall. 60301.700. Recycled wateragency. "Recycled water agency" means the public water system, or a publicly or privately owned or operated recycled water system, that delivers or proposes to deliver recycled water to a facility. 60301.710. Recycling plant "Recycling plant" means an arrangement of devices, structures, equipment, processes and controls which produce recycled water. 60301.740. Regulatory Agency "Regulatory agency" means the Califomia Regional Water Quality Control Board(s) that have jurisdiction over the recycling plant and use areas. 60301.750. Restricted access golf course "Restricted access golf course" means a golf course where public access is controlled so that areas irrigated with recycled water cannot be used as if they were part of a park, playground, or school yard and where irrigation is conducted only in areas and during periods when the golf course is not being used by golfers. 49 Califomia Health Laws Related to Recycled Water June 2001 Edition Title 22 60301.760. Restricted recreational impoundment "Restricted recreational impoundment" means an impoundment of recycled water in which recreation is limited to fishing, boating, and other non -body -contact water recreational activities. 60301.800. Spray irrigation "Spray irrigation" means the application of recycled water to crops to maintain vegetation or support growth of vegetation by applying it from sprinklers. Section 60301.830. Standby Unit Process. "Standby unit process" means an alternate unit process or an equivalent altemative process which is maintained in operable condition and which is capable of providing comparable treatment of the actual flow through the unit for which it is a substitute. 60301.900. Undisinfected secondary recycled water. "Undisinfected secondary recycled water" means oxidized wastewater. 60301.920. Use area "Use area" means an area of recycled water use with defined boundaries. A use area may contain one or more facilities. ARTICLE 2. SOURCES OF RECYCLED WATER. 60302. Source specifications. The requirements in this chapter shall only apply to recycled water from sources that contain domestic waste, in whole or in part. 50 California Health Laws Related to Recycled Water June 2001 Edition Title 22 ARTICLE 3. USES OF RECYCLED WATER. 60303. Exceptions The requirements set forth in this chapter shall not apply to the use of recycled water onsite at a water recycling plant, or wastewater treatment plant, provided access by the public to the area of onsite recycled water use is restricted. 60304. Use of recycled water for irrigation (a) Recycled water used for the surface irrigation of the following shall be a disinfected tertiary recycled water, except that for filtration pursuant to Section 60301.320(a) coagulation need not be used as part of the treatment process provided that the filter effluent turbidity does not exceed 2 NTU, the turbidity of the influent to the filters is continuously measured, the influent turbidity does not exceed 5 NTU for more than 15 minutes and never exceeds 10 NTU, and that there is the capability to automatically activate chemical addition or divert the wastewater should the filter influent turbidity exceed 5 NTU for more than 15 minutes: (1) Food crops, including all edible root crops, where the recycled water comes into contact with the edible portion of the crop, (2) Parks and playgrounds, (3) School yards, (4) Residential landscaping, (5) Unrestricted access golf courses, and (6) Any other irrigation use not specified in this section and not prohibited by other sections of the Califomia Code of Regulations. (b) Recycled water used for the surface irrigation of food crops where the edible portion is produced above ground and not contacted by the recycled water shall be at least disinfected secondary-2.2 recycled water. (c) Recycled water used for the surface irrigation of the following shall be at least disinfected secondary-23 recycled water. (1) Cemeteries, 51 Califomia Health Laws Related to Recycled Water June 2001 Edition Title 22 (2) Freeway landscaping, (3) Restricted access golf courses, (4) Omamental nursery stock and sod farms where access by the general public is not restricted, (5) Pasture for animals producing milk for human consumption, and (6) Any nonedible vegetation where access is controlled so that the irrigated area cannot be used as if it were part of a park, playground or school yard (d) Recycled wastewater used for the surface irrigation of the following shall be at least undisinfected secondary recycled water: (1) Orchards where the recycled water does not come into contact with the edible portion of the crop, (2) Vineyards where the recycled water does not come into contact with the edible portion of the crop, (3) Non food -bearing trees (Christmas tree farms are included in this category provided no irrigation with recycled water occurs for a period of 14 days prior to harvesting or allowing access by the general public), (4) Fodder and fiber crops and pasture for animals not producing milk for human consumption, (5) Seed crops not eaten by humans, (6) Food crops that must undergo commercial pathogen -destroying processing before being consumed by humans, and (7) Omamental nursery stock and sod farms provided no irrigation with recyded water occurs for a period of 14 days prior to harvesting, retail sale, or allowing access by the general public. (e) No recycled water used for irrigation, or soil that has been irrigated with recycled water, shall come into contact with the edible portion of food crops eaten raw by humans unless the recycled water complies with subsection (a). 52 Califomia Health Laws Related to Recycled Water June 2001 Edition Tide 22 60305. Use of recycled water for impoundments. (a) Except as provided in subsection (b), recycled water used as a source of water supply for nonrestricted recreational impoundments shall be disinfected tertiary recycled water that has been subjected to conventional treatment. (b) Disinfected tertiary recycled water that has not received conventional treatment may be used for nonrestricted recreational impoundments provided the recycled water is monitored for the presence of pathogenic organisms in accordance with the following: (1) During the first 12 months of operation and use the recycled water shall be sampled and analyzed monthly for Giardia, enteric viruses, and Cryptosporidium. Following the first 12 months of use, the recycled water shall be sampled and analyzed quarterly for Giardia, enteric viruses, and Cryptosporidium. The ongoing monitoring may be discontinued after the first two years of operation with the approval of the department. This monitoring shall be in addition to the monitoring set forth in section 60321. (2) The samples shall be taken at a point following disinfection and prior to the point where the recycled water enters the use impoundment. The samples shall be analyzed by an approved laboratory and the results submitted quarterly to the regulatory agency. (c) The total coliform bacteria concentrations in recycled water used for nonrestricted recreational impoundments, measured at a point between the disinfection process and the point of entry to the use impoundment, shall comply with the criteria specified in section 60301.230 (b) for disinfected tertiary recycled water. (d) Recycled water used as a source of supply for restricted recreational impoundments and for any publicly accessible impoundments at fish hatcheries shall be at least disinfected secondary-2.2 recycled water. (e) Recycled water used as a source of supply for landscape impoundments that do not utilize decorative fountains shall be at least disinfected secondary-23 recycled water. 60306. Use of recycled water for cooling (a) Recycled water used for industrial or commercial cooling or air conditioning that involves the use of a cooling tower, evaporative condenser, spraying or any mechanism that creates a mist shall be a disinfected tertiary recycled water. 53 California Health Laws Related to Recycled Water June 2001 Edition Title 22 (b) Use of recycled water for industrial or commercial cooling or air conditioning that does not involve the use of a cooling tower, evaporative condenser, spraying, or any mechanism that creates a mist shall be at least disinfected secondary-23 recycled water. (c) Whenever a cooling system, using recycled water in conjunction with an air conditioning facility, utilizes a cooling tower or otherwise creates a mist that could come into contact with employees or members of the public, the cooling system shall comply with the following: (1) A drift eliminator shall be used whenever the cooling system is in operation. (2) A chlorine, or other, biocide shall be used to treat the cooling system recirculating water to minimize the growth of Legionella and other micro- organisms. 60307. Use of recycled water for other purposes (a) Recycled water used for the following shall be disinfected tertiary recycled water, except that for filtration being provided pursuant to Section 60301.320(a) coagulation need not be used as part of the treatment process provided that the filter effluent turbidity does not exceed 2 NTU, the turbidity of the influent to the filters is continuously measured, the influent turbidity does not exceed 5 NTU for more than 15 minutes and never exceeds 10 NTU, and that there is the capability to automatically activate chemical addition or divert the wastewater should the filter influent turbidity exceed 5 NTU for more than 15 minutes: (1) Flushing toilets and urinals, (2) Priming drain traps, (3) Industrial process water that may come into contact with workers, (4) Structural fire fighting, (5) Decorative fountains, (6) Commercial laundries, (7) Consolidation of backfill around potable water pipelines, (8) Artificial snow making for commercial outdoor use, and 54 California Health Laws Related to Recycled Water June 2001 Edition Title 22 (9) Commercial car washes, including hand washes if the recycled water is not heated, where the general public is excluded from the washing process. (b) Recycled water used for the following uses shall be at least disinfected secondary- 23 recycled water: (1) Industrial boiler feed, (2) Nonstructural fire fighting, (3) Backfill consolidation around nonpotable piping, (4) Soil compaction, (5) Mixing concrete, (6) Dust control on roads and streets, (7) Cleaning roads, sidewalks and outdoor work areas and (8) Industrial process water that will not come into contact with workers. (c) Recycled water used for flushing sanitary sewers shall be at least undisinfected secondary recycled water. ARTICLE 4. USE AREA REQUIREMENTS. 60310. Use area requirements (a) No irrigation with disinfected tertiary recycled water shall take place within 50 feet of any domestic water supply well unless all of the following conditions have been met: (1) A geological investigation demonstrates that an aquitard exists at the well between the uppermost aquifer being drawn from and the ground surface. (2) The well contains an annular seal that extends from the surface into the aquitard. (3) The well is housed to prevent any recycled water spray from coming into contact with the wellhead facilities. 55 California Health Laws Related to Recycled Water June 2001 Edition Title 22 (4) The ground surface immediately around the wellhead is contoured to allow surface water to drain away from the well. (5) The owner of the well approves of the elimination of the buffer zone requirement. (b) No impoundment of disinfected tertiary recycled water shall occur within 100 feet of any domestic water supply well. (c) No irrigation with, or impoundment of, disinfected secondary-2.2 or disinfected secondary-23 recycled water shall take place within 100 feet of any domestic water supply well. (d) No irrigation with, or impoundment of, undisinfected secondary recycled water shall take place within 150 feet of any domestic water supply well. (e) Any use of recyded water shall comply with the following: (1) Any irrigation runoff shall be confined to the recyded water use area, unless the runoff does not pose a public health threat and is authorized by the regulatory agency. (2) Spray, mist, or runoff shall not enter dwellings, designated outdoor eating areas, or food handling facilities. (3) Drinking water fountains shall be protected against contact with recycled water spray, mist, or runoff. (f) No spray irrigation of any recycled water, other than disinfected tertiary recycled water, shall take place within 100 feet of a residence or a place where public exposure could be similar to that of a park, playground, or school yard. (g) All use areas where recycled water is used that are accessible to the public shall be posted with signs that are visible to the public, in a size no less than 4 inches high by 8 inches wide, that include the following wording : "RECYCLED WATER - DO NOT DRINK". Each sign shall display an intemational symbol similar to that shown in figure 60310-A. The Department may accept alternative signage and wording, or an educational program, provided the applicant demonstrates to the Department that the altemative approach will assure an equivalent degree of public notification. 56 California Health Laws Related to Recycled Water June 2001 Edition Title 22 (h) Except as allowed under section 7604 of title 17, Califomia Code of Regulations, no physical connection shall be made or allowed to exist between any recycled water system and any separate system conveying potable water. (i) The portions of the recycled water piping system that are in areas subject to access by the general public shall not include any hose bibbs. Only quick couplers that differ from those used on the potable water system shall be used on the portions of the recycled water piping system in areas subject to public access. 57 California Health Laws Related to Recycled Water June 2001 Edition Title 22 Water Recycling Criteria FIGURE 60310-A 58 California Health Laws Related to Recycled Water June 2001 Edition Title 22 ARTICLE 5. DUAL PLUMBED RECYCLED WATER SYSTEMS. 60313. General requirements. (a) No person other than a recycled water agency shall deliver recycled water to a dual - plumbed facility. (b) No recycled water agency shall deliver recycled water for any intemal use to any individually -owned residential units including free-standing structures, multiplexes, or condominiums. (c) No recycled water agency shall deliver recycled water for intemal use except for fire suppression systems, to any facility that produces or processes food products or beverages. For purposes of this Subsection, cafeterias or snack bars in a facility whose primary function does not involve the production or processing of foods or beverages are not considered facilities that produce or process foods or beverages. (d) No recycled water agency shall deliver recycled water to a facility using a dual plumbed system unless the report required pursuant to section 13522.5 of the Water Code, and which meets the requirements set forth in section 60314, has been submitted to, and approved by, the regulatory agency. 60314. Report submittal (a) For dual -plumbed recycled water systems, the report submitted pursuant to section 13522.5 of the Water Code shall contain the following information in addition to the information required by section 60323: (1) A detailed description of the intended use area identifying the following: (A) The number, location, and type of facilities within the use area proposing to use dual plumbed systems, (B) The average number of persons estimated to be served by each facility on a daily basis, (C) The specific boundaries of the proposed use area including a map showing the location of each facility to be served, (D) The person or persons responsible for operation of the dual plumbed system at each facility, and 59 California Health Laws Related to Recycled Water June 2001 Edition Title 22 (E) The specific use to be made of the recycled water at each facility. (2) Plans and specifications describing the following: (A) Proposed piping system to be used, (B) Pipe locations of both the recycled and potable systems, (C) Type and location of the outlets and plumbing fixtures that will be accessible to the public, and (D) The methods and devices to be used to prevent backflow of recycled water into the public water system. (3) The methods to be used by the recycled water agency to assure that the installation and operation of the dual plumbed system will not result in cross connections between the recycled water piping system and the potable water piping system. This shall include a description of pressure, dye or other test methods to be used to test the system every four years. (b) A master plan report that covers more than one facility or use site may be submitted provided the report includes the information required by this section. Plans and specifications for individual facilities covered by the report may be submitted at any time prior to the delivery of recycled water to the facility. 60315. Design requirements The public water supply shall not be used as a backup or supplemental source of water for a dual -plumbed recycled water system unless the connection between the two systems is protected by an air gap separation which complies with the requirements of sections 7602 (a) and 7603 (a) of title 17, Califomia Code of Regulations, and the approval of the public water system has been obtained. 60316. Operation requirements (a) Prior to the initial operation of the dual -plumbed recycled water system and annually thereafter, the Recycled Water Agency shall ensure that the dual plumbed system within each facility and use area is inspected for possible cross connections with the potable water system. The recycled water system shall also be tested for possible cross connections at least once every four years. The testing shall be conducted in accordance with the method described in the report submitted pursuant to section 60314. The inspections and the testing shall be performed by a cross connection 60 Califomia Health Laws Related to Recycled Water June 2001 Edition Title 22 control specialist certified by the Califomia-Nevada section of the American Water Works Association or an organization with equivalent certification requirements. A written report documenting the result of the inspection or testing for the prior year shall be submitted to the department within 30 days following completion of the inspection or testing. (b) The recycled water agency shall notify the department of any incidence of backflow from the dual -plumbed recycled water system into the potable water system within 24 hours of the discovery of the incident. (c) Any backflow prevention device installed to protect the public water system serving the dual -plumbed recycled water system shall be inspected and maintained in accordance with section 7605 of Title 17, Califomia Code of Regulations. ARTICLE 5.1. GROUNDWATER RECHARGE 60320. Groundwater recharge (a) Reclaimed water used for groundwater recharge of domestic water supply aquifers by surface spreading shall be at all times of a quality that fully protects public health. The State Department of Health Services' recommendations to the Regional Water Quality Control Boards for proposed groundwater recharge projects and for expansion of existing projects will be made on an individual case basis where the use of reclaimed water involves a potential risk to public health. (b) The State Department of Health Services' recommendations will be based on all relevant aspects of each project, including the following factors: treatment provided; effluent quality and quantity; spreading area operations; soil characteristics; hydrogeology; residence time; and distance to withdrawal. (c) The State Department of Health Services will hold a public hearing prior to making the final determination regarding the public health aspects of each groundwater recharge project. Final recommendations will be submitted to the Regional Water Quality Control Board in an expeditious manner. 61 California Health Laws Related to Recycled Water June 2001 Edition Title 22 ARTICLE 5.5. OTHER METHODS OF TREATMENT 60320.5. Other methods of treatment Methods of treatment other than those included in this chapter and their reliability features may be accepted if the applicant demonstrates to the satisfaction of the State Department of Health that the methods of treatment and reliability features will assure an equal degree of treatment and reliability. ARTICLE 6. SAMPLING AND ANALYSIS 60321. Sampling and analysis (a) Disinfected secondary-23, disinfected secondary-2.2, and disinfected tertiary recycled water shall be sampled at least once daily for total coliforrn bacteria. The samples shall be taken from the disinfected effluent and shall be analyzed by an approved laboratory. (b) Disinfected tertiary recycled water shall be continuously sampled for turbidity using a continuous turbidity meter and recorder following filtration. Compliance with the daily average operating filter effluent turbidity shall be determined by averaging the levels of recorded turbidity taken at four-hour intervals over a 24-hour period. Compliance with turbidity pursuant to section 60301.320 (a)(2)(B) and (b)(1) shall be determined using the levels of recorded turbidity taken at intervals of no more than 1.2-hours over a 24- hour period. Should the continuous turbidity meter and recorder fail, grab sampling at a minimum frequency of 1.2-hours may be substituted for a period of up to 24-hours. The results of the daily average turbidity determinations shall be reported quarterly to the regulatory agency. (c) The producer or supplier of the recycled water shall conduct the sampling required in subsections (a) and (b). ARTICLE 7. ENGINEERING REPORT AND OPERATIONAL REQUIREMENTS 60323. Engineering report (a) No person shall produce or supply reclaimed water for direct reuse from a proposed water reclamation plant unless he files an engineering report. 62 California Health Laws Related to Recycled Water June 2001 Edition Title 22 (b) The report shall be prepared by a properly qualified engineer registered in California and experienced in the field of wastewater treatment, and shall contain a description of the design of the proposed reclamation system. The report shall clearly indicate the means for compliance with these regulations and any other features specified by the regulatory agency. (c) The report shall contain a contingency plan which will assure that no untreated or inadequately treated wastewater will be delivered to the use area. 60325. Personnel (a) Each reclamation plant shall be provided with a sufficient number of qualified personnel to operate the facility effectively so as to achieve the required level of treatment at all times. (b) Qualified personnel shall be those meeting requirements established pursuant to Chapter 9 (commencing with Section 13625) of the Water Code. 60327. Maintenance A preventive maintenance program shall be provided at each reclamation plant to ensure that all equipment is kept in a reliable operating condition. 60329. Operating records and reports (a) Operating records shall be maintained at the reclamation plant or a central depository within the operating agency. These shall include: all analyses specified in the reclamation criteria; records of operational problems, plant and equipment breakdowns, and diversions to emergency storage or disposal; all corrective or preventive action taken. (b) Process or equipment failures triggering an alarm shall be recorded and maintained as a separate record file. The recorded information shall include the time and cause of failure and corrective action taken. (c) A monthly summary of operating records as specified under (a) of this section shall be filed monthly with the regulatory agency. (d) Any discharge of untreated or partially treated wastewater to the use area, and the cessation of same, shall be reported immediately by telephone to the regulatory agency, the State Department of Health, and the local health officer. 63 California Health Laws Related to Recycled Water June 2001 Edition Title 22 60331. Bypass There shall be no bypassing of untreated or partially treated wastewater from the reclamation plant or any intermediate unit processes to the point of use. ARTICLE 8. GENERAL REQUIREMENTS OF DESIGN 60333. Flexibility of design The design of process piping, equipment arrangement, and unit structures in the reclamation plant must allow for efficiency and convenience in operation and maintenance and provide flexibility of operation to permit the highest possible degree of treatment to be obtained under varying circumstances. 60335. Alarms (a) Alarm devices required for various unit processes as specified in other sections of these regulations shall be installed to provide warning of: (1) Loss of power from the normal power supply. (2) Failure of a biological treatment process. (3) Failure of a disinfection process. (4) Failure of a coagulation process. (5) Failure of a filtration process. (6) Any other specific process failure for which waming is required by the regulatory agency. (b) All required alarm devices shall be independent of the normal power supply of the reclamation plant. (c) The person to be wamed shall be the plant operator, superintendent, or any other responsible person designated by the management of the reclamation plant and capable of taking prompt corrective action. (d) Individual alarm devices may be connected to a master alarm to sound at a location where it can be conveniently observed by the attendant. In case the reclamation plant is 64 California Health Laws Related to Recycled Water June 2001 Edition Title 22 not attended full time, the alarm(s) shall be connected to sound at a police station, fire station or other full time service unit with which arrangements have been made to alert the person in charge at times that the reclamation plant is unattended. 60337. Power supply The power supply shall be provided with one of the following reliability features: (a) Alarm and standby power source. (b) Alarm and automatically actuated short-term retention or disposal provisions as specified in Section 60341. (c) Automatically actuated long-term storage or disposal provisions as specified in Section 60341. ARTICLE 9. RELIABILITY REQUIREMENTS FOR PRIMARY EFFLUENT 60339. Primary treatment Reclamation plants producing reclaimed water exclusively for uses for which primary effluent is permitted shall be provided with one of the following reliability features: (a) Multiple primary treatment units capable of producing primary effluent with one unit not in operation. (b) Long-term storage or disposal provisions as specified in Section 60341. Note: Use of primary effluent for recycled water is no longer allowed. (repeal of Section 60309, effective December 2000] ARTICLE 10. RELIABILITY REQUIREMENTS FOR FULL TREATMENT 60341. Emergency storage or disposal (a) Where short-term retention or disposal provisions are used as a reliability feature, these shall consist of facilities reserved for the purpose of storing or disposing of untreated or partially treated wastewater for at least a 24-hour period. The facilities shall include all the necessary diversion devices, provisions for odor control, conduits, and pumping and pump back equipment. All of the equipment other than the pump back 65 Califomia Health Laws Related to Recycled Water June 2001 Edition Title 22 equipment shall be either independent of the normal power supply or provided with a standby power source. (b) Where long-term storage or disposal provisions are used as a reliability feature, these shall consist of ponds, reservoirs, percolation areas, downstream sewers leading to other treatment or disposal facilities or any other facilities reserved for the purpose of emergency storage or disposal of untreated or partially treated wastewater. These facilities shall be of sufficient capacity to provide disposal or storage of wastewater for at least 20 days, and shall include all the necessary diversion works, provisions for odor and nuisance control, conduits, and pumping and pump back equipment. All of the equipment other than the pump back equipment shall be either independent of the normal power supply or provided with a standby power source. (c) Diversion to a less demanding reuse is an acceptable altemative to emergency disposal of partially treated wastewater provided that the quality of the partially treated wastewater is suitable for the less demanding reuse. (d) Subject to prior approval by the regulatory agency, diversion to a discharge point which requires lesser quality of wastewater is an acceptable altemative to emergency disposal of partially treated wastewater. (e) Automatically actuated short-term retention or disposal provisions and automatically actuated long-term storage or disposal provisions shall include, in addition to provisions of (a), (b), (c), or (d) of this section, all the necessary sensors, instruments, valves and other devices to enable fully automatic diversion of untreated or partially treated wastewater to approved emergency storage or disposal in the event of failure of a treatment process and a manual reset to prevent automatic restart until the failure is corrected. 60343. Primary treatment All primary treatment unit processes shall be provided with one of the following reliability features: (a) Multiple primary treatment units capable of producing primary effluent with one unit not in operation. (b) Standby primary treatment unit process. (c) Long-term storage or disposal provisions. 66 California Health Laws Related to Recycled Water June 2001 Edition Title 22 60345. Biological treatment All biological treatment unit processes shall be provided with one of the following reliability features: (a) Alarm and multiple biological treatment units capable of producing oxidized wastewater with one unit not in operation. (b) Alarm, short-term retention or disposal provisions, and standby replacement equipment. (c) Alarm and Tong -term storage or disposal provisions. (d) Automatically actuated long-term storage or disposal provisions. 60347. Secondary sedimentation All secondary sedimentation unit processes shall be provided with one of the following reliability features: (a) Multiple sedimentation units capable of treating the entire flow with one unit not in operation. (b) Standby sedimentation unit process. (c) Long-term storage or disposal provisions. 60349. Coagulation (a) All coagulation unit processes shall be provided with the following mandatory features for uninterrupted coagulant feed: (1) Standby feeders, (2) Adequate chemical stowage and conveyance facilities, (3) Adequate reserve chemical supply, and (4) Automatic dosage control. 67 Califomia Health Laws Related to Recycled Water June 2001 Edition Title 22 (b) All coagulation unit processes shall be provided with one of the following reliability features: (1) Alarm and multiple coagulation units capable of treating the entire flow with one unit not in operation; (2) Alarm, short-term retention or disposal provisions, and standby replacement equipment; (3) Alarm and Tong -term storage or disposal provisions; (4) Automatically actuated Tong -term storage or disposal provisions, or (5) Alarm and standby coagulation process. 60351. Filtration All filtration unit processes shall be provided with one of the following reliability features: (a) Alarm and multiple filter units capable of treating the entire flow with one unit not in operation. (b) Alarm, short-term retention or disposal provisions and standby replacement equipment. (c) Alarm and long-term storage or disposal provisions. (d) Automatically actuated long-term storage or disposal provisions. (e) Alarm and standby filtration unit process. Section 60353. Disinfection (a) All disinfection unit processes where chlorine is used as the disinfectant shall be provided with the following features for uninterrupted chlorine feed: (1) Standby chlorine supply, (2) Manifold systems to connect chlorine cylinders, 68 California Health Laws Related to Recycled Water June 2001 Edition Title 22 (3) Chlorine scales, and (4) Automatic devices for switching to full chlorine cylinders. Automatic residual control of chlorine dosage, automatic measuring and recording of chlorine residual, and hydraulic performance studies may also be required. (b) All disinfection unit processes where chlorine is used as the disinfectant shall be provided with one of the following reliability features: (1) Alarm and standby chlorinator, (2) Alarm, short-term retention or disposal provisions, and standby replacement equipment; (3) Alarm and long-term storage or disposal provisions; (4) Automatically actuated long-term storage or disposal provisions; or (5) Alarm and multiple point chlorination, each with independent power source, separate chlorinator, and separate chlorine supply. 60355. Other alternatives to reliability requirements Other altematives to reliability requirements set forth in Articles 8 to 10 may be accepted if the applicant demonstrates to the satisfaction of the State Department of Health that the proposed altemative will assure an equal degree of reliability. 69 California Health Laws Related to Recycled Water June 2001 Edition Title 17 Title 17 Code of Regulations DIVISION 1. STATE DEPARTMENT OF HEALTH SERVICES CHAPTER 5. SANITATION (ENVIRONMENTAL) GROUP 4. DRINKING WATER SUPPLIES ARTICLE 1. GENERAL 7583. Definitions In addition to the definitions in Section 4010.1 of the Health and Safety Code, the following terms are defined for the purpose of this Chapter (a) "Approved Water Supply" is a water supply whose potability is regulated by a State of local health agency. (b) "Auxiliary Water Supply" is any water supply other than that received from a public water system. (c) "Air -gap Separation (AG)" is a physical break between the supply line and a receiving vessel. (d) "AWWA Standard" is an official standard developed and approved by the American Water Works Association (AWWA). (e) "Cross -Connection" is an unprotected actual or potential connection between a potable water system used to supply water for drinking purposes and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome, and potable. By-pass arrangements, jumper connections, removable sections, swivel or changeover devices, or other devices through which backflow could occur, shall be considered to be cross -connections. (f) "Double Check Valve Assembly (DC)" is an assembly of at least two independently acting check valves including tightly closing shut-off valves on each side of the check valve assembly and test cocks available for testing the watertightness of each check valve. (g) "Health Agency" means the Califomia Department of Health Services, or the local health officer with respect to a small water system. (h) "Local Health Agency" means the county or city health authority. Califomia Health Laws Related to Recycled Water June 2001 Edition Title 17 (i) "Reclaimed Water" is a wastewater which as a result of treatment is suitable for uses other than potable use. (j) "Reduced Pressure Principle Backflow Prevention Device (RP)" is a backflow preventer incorporating not Tess than two check valves, an automatically operated differential relief valve located between the two check valves, a tightly closing shut-off valve on each side of the check valve assembly, and equipped with necessary test cocks for testing. (k) "User Connection" is the point of connection of a user's piping to the water supplier's facilities. (I) "Water Supplier" is the person who owns or operates the public water system. (m) "Water User" is any person obtaining water from a public water supply. 7584. Responsibility and scope of program The water supplier shall protect the public water supply from contamination by implementation of a cross -connection control program. The program, or any portion thereof, may be implemented directly by the water supplier or by means of a contract with the local health agency, or with another agency approved by the health agency. The water supplier's cross -connection control program shall for the purpose of addressing the requirements of Sections 7585 through 7605 include, but not be limited to, the following elements: (a) The adoption of operating rules or ordinances to implement the cross -connection program. (b) The conducting of surveys to identify water user premises where cross -connections are likely to occur, (c) The provisions of backflow protection by the water user at the user's connection or within the users premises or both, (d) The provision of at least one person trained in cross -connection control to carry out the cross -connection program, (e) The establishment of a procedure or system for testing backflow preventers, and (f) The maintenance of records of locations, tests, and repairs of backflow preventers. 71 California Health Laws Related to Recycled Water June 2001 Edition Title 17 7585. Evaluation of hazard The water supplier shall evaluate the degree of potential health hazard to the public water supply which may be created as a result of conditions existing on a user's premises. The water supplier, however, shall not be responsible for abatement of cross -connections which may exist within a user's premises. As a minimum, the evaluation should consider: the existence of cross -connections, the nature of materials handled on the property, the probability of a backflow occurring, the degree of piping system complexity and the potential for piping system modification. Special consideration shall be given to the premises of the following types of water users: (a) Premises where substances harmful to health are handled under pressure in a manner which could permit their entry into the public water system. This includes chemical or biological process waters and water from public water supplies which have deteriorated in sanitary quality. (b) Premises having an auxiliary water supply, unless the auxiliary supply is accepted as an additional source by the water supplier and is approved by the health agency. (c) Premises that have intemal cross -connections that are not abated to the satisfaction of the water supplier or the health agency. (d) Premises where cross -connections are likely to occur and entry is restricted so that cross -connection inspections cannot be made with sufficient frequency or at sufficiently short notice to assure that cross -connections do not exist. (e) Premises having a repeated history of cross -connections being established or re-established. 7586. User supervisor The health agency and water supplier may, at their discretion, require an industrial water user to designate a user supervisor when the water user's premises has a multipiping system that convey various types of fluids, some of which may be hazardous and where changes in the piping system are frequently made. The user supervisor shall be responsible for the avoidance of cross -connections during the installation, operation and maintenance of the water user's pipelines and equipment. 72 California Health Laws Related to Recycled Water June 2001 Edition Title 17 ARTICLE 2. PROTECTION OF WATER SYSTEM 7601. Approval of backflow preventers Backflow preventers required by this Chapter shall have passed laboratory and field evaluation tests performed by a recognized testing organization which has demonstrated their competency to perform such tests to the Department. 7602. Construction of backflow preventers (a) Air -gap Separation. An Air -gap separation (AG) shall be at least double the diameter of the supply pipe, measured vertically from the flood rim of the receiving vessel to the supply pipe; however, in no case shall this separation be Tess than one inch. (b) Double Check Valve Assembly. A required double check valve assembly (DC) shall, as a minimum, conform to the AWWA Standard C506-78 (R83) adopted on January 28, 1978 for Double Check Valve Type Backflow Preventive Devices which is herein incorporated by reference. (c) Reduced Pressure Principle Backflow Prevention Device. A required reduced pressure principle backflow prevention device (RP) shall, as a minimum, conform to the AWWA Standard C506-78 (R83) adopted on January 28, 1978 for Reduced Pressure Principle Type Backflow Prevention Devices which is herein incorporated by reference. 7603. Location of backflow preventers (a) Air -gap Separation. An air -gap separation shall be located as close as practical to the user's connection and all piping between the user's connection and the receiving tank shall be entirely visible unless otherwise approved in writing by the water supplier and the health agency. (b) Double Check Valve Assembly. A double check valve assembly shall be located as close as practical to the user's connection and shall be installed above grade, if possible, and in a manner where it is readily accessible for testing and maintenance. (c) Reduced Pressure Principle Backflow Prevention Device. A reduced pressure principle backflow prevention device shall be located as close as practical to the user's connection and shall be installed a minimum of twelve inches (12") above grade and not more than thirty-six inches (36") above grade measured from the bottom of the device and with a minimum of twelve inches (12") side clearance. 73 California Health Laws Related to Recycled Water June 2001 Edition Title 17 7604. Type of protection required. The type of protection that shall be provided to prevent backflow into the public water supply shall be commensurate with the degree of hazard that exists on the consumers premises. The type of protective device that may be required (listed in an increasing level of protection) includes: Double check Valve Assembly --(DC), Reduced Pressure Principle Backflow Prevention Device —(RP) and an Air gap Separation —(AG). The water user may choose a higher level of protection than required by the water supplier. The minimum types of backflow protection required to protect the public water supply, at the water users connection to premises with various degrees of hazard, are given in Table 1. Situations not covered in Table 1 shall be evaluated on a case -by -case basis and the appropriate backflow protection shall be determined by the water supplier or health agency. 74 Califomia Health Laws Related to Recycled Water June 2001 Edition Title 17 TABLE 1 TYPE OF BACKFLOW PROTECTION REQUIRED Degree of Hazard Minimum Type of Backflow Prevention (a) Sewage and Hazardous Substances (1) Premises where there are waste water pumping and/or AG treatment plants and there is no interconnection with the potable water system. This does not include a single-family residence that has a sewage lift pump. A RP be provided in lieu of an AG if approved by the health agency and water supplier. (2) Premises where hazardous substances are handled in AG any manner in which the substances may enter the potable water system. This does not include a single-family residence that has a sewage lift pump. A RP may be provided in lieu of an AG if approved by the health agency and water supplier. (3) Premises where there are irrigation systems into which RP fertilizers, herbicides, or pesticides are, or can be, injected. (b) Auxiliary Water Supplies (1) Premises where there is an unapproved auxiliary water AG supply which is interconnected with the public water system. A RP or DC may be provided in lieu of an AG if approved by the health agency and water supplier. (2) Premises where there is an unapproved auxiliary RP water supply and there are no interconnections with the public water system. A DC may be provided in lieu of a RP if approved by the health agency and water supplier. RP 75 California Health Laws Related to Recycled Water June 2001 Edition Title 17 (c) Recycled water (1) Premises where the public water system is used to AG supplement the recycled water supply. (2) Premises where recycled water is used, other than as RP allowed in paragraph (3), and there is no interconnection with the potable water system. (3) Residences using recycled water for landscape irrigation as part of an approved dual plumbed use area established pursuant to sections 60313 through 60316 unless the recycled water supplier obtains approval of the local public water supplier, or the Department if the water supplier is also the supplier of the recycled water, to utilize an altemative backflow protection plan that includes an annual inspection and annual shutdown test of the recycled water and potable water systems pursuant to subsection 60316(a). DC (d) Fire Protection Systems (1) Premises where the fire system is directly supplied from DC the public water system and there is an unapproved auxiliary water supply on or to the premises (not interconnected). (2) Premises where the fire system is supplied from the public water system and interconnected with an unapproved auxiliary water supply. A RP may be provided in lieu of an AG if approved by the health agency and water supplier. (3) Premises where the fire system is supplied from the public water system and where either elevated storage tanks or fire pumps which take suction from private reservoirs or tanks are used. (4) Premises where the fire system is supplied from the public water system and where recycled water is used in a separate piping system within the same building. AG DC DC 76 California Health Laws Related to Recycled Water June 2001 Edition Title 17 (e) Dockside Watering Points and Marine Facilities (1) Pier hydrants for supplying water to vessels for any RP purpose. (2) Premises where there are marine facilities. RP (f) Premises where entry is restricted so that inspections for RP cross -connections cannot be made with sufficient frequency or at sufficiently short notice to assure that do not exist. (g) Premises where there is a repeated history of cross- RP connections being established or re-established. Section 7605. Testing and maintenance of backflow preventers (a) The water supplier shall assure that adequate maintenance and periodic testing are provided by the water user to ensure their proper operation. (b) Backflow preventers shall be tested by persons who have demonstrated their competency in testing of these devices to the water supplier or health agency. (c) Backflow preventers shall be tested at least annually or more frequently if determined to be necessary by the health agency or water supplier. When devices are found to be defective, they shall be repaired or replaced in accordance with the provisions of this Chapter. (d) Backflow preventers shall be tested immediately after they are installed, relocated or repaired and not placed in service unless they are functioning as required. (e) The water supplier shall notify the water user when testing of backflow preventers is needed. The notice shall contain the date when the test must be completed. (f) Reports of testing and maintenance shall be maintained by the water supplier for a minimum of three years. * * 77 AGENDA ITEM I-/.5 July 1, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Peter A. Cosentini, City Manager SUBJECT: Council Policy on Setting Dates for Special Events, Sub -Committee Meetings, Neighborhood Meetings, Groundbreakings, and Grand Openings and other Similar Events RECOMMENDATION: It is recommended that the City Council adopt the recommended Council Policy as identified in this report, for the setting the time and date of special events and other events. BACKGROUND: Vice Mayor Buydos requested that the Council adopt a policy that would govern how time and dates for special events are determined; this would include Sub - Committee meetings of the Council, neighborhood meetings, special events, groundbreakings, and other similar events. I have taken input on this issue from a couple Council Members and suggest the following policy: 1. For meetings such as Sub -Committees meetings of the City Council and neighborhood meetings, where by design only two Council Members are intended to attend, then, it would be the policy of the City Council that a date and time would not be set for such meetings until both Council Members have consensus on an agreed upon date and time. 2. For special events such as groundbreakings or dedications or celebratory dinners or social parties or gatherings of the City Council, where it is envisioned by design that the entire Council could attend, then it would be the policy of the City Council that no such times and dates of these gatherings of the City Council would occur unless a majority (3) of the members of the City Council have consensus on such a date and time. The exception to this policy is that if one Councilmember has a strong objection then this over rides the consensus of the majority and the issue is placed on the next agenda for consideration by the full Council. City Manager: Page 1 of 2 Finance Director: Determining Ground Breakings — City sponsored ground breakings will be determined by the full Council at the Council meeting where the City project has its bid awarded. Private ground breakings set by private business will be considered private events that staff and elected officials can attend. Because they are private events, no city funds will be expended on these private events. JUSTIFICATION: Build consensus on a policy that governs special events that impacts Council Members. BUDGETARY IMPACT: None. ATTACHMENTS: None. Page 2 of 2 AGENDA ITEM 16 June 17, 2004 TO: The Honorable City Council FROM: City Attorney SUBJECT: Review of Quasi -Judicial Acts (Tentative Maps, CUPs, etc.) by City Council RECOMMENDATION: By motion (majority vote required), approve first reading and adopt introduction of Ordinance No. / An Ordinance adding Section 2.32.080 of the San Jacinto Municipal Code relating to the functions of the Planning Commission; and by further motion read by title only: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ADDING SECTION 2.32.080 OF THE SAN JACINTO MUNICIPAL CODE RELATING TO THE FUNCTIONS OF THE PLANNING COMMISSION BACKGROUND: Development approvals take two forms, quasi-judicial and legislative. Quasi- judicial actions involve the application of existing rules to a set of circumstances, such as a tentative map, a variance request, a conditional use permit (CUP) or a site development plan review. A legislative act involves the creation of new rules, such as a general plan amendment, zoning ordinance, specific plan, development agreement or PUD ordinance. By state law, a legislative act requires the approval of the City Council. However, the City is authorized to establish any number of methods of approval of quasi-judicial acts. The City of San Jacinto's municipal code concerning quasi-judicial acts currently provides for approval of quasi-judicial acts such as maps, variances, CUPS, site development plan review by the Planning Commission. CUP's are subject to ratification by the City Council. Occasionally, developers seek approval of a quasi-judicial act along with a legislative act. For example, the "Trails" project recently came before the Council for a specific plan adoption. The Planning Commission had already acted on a Page 1 of 4 map for that project, although that map could not have been developed had the Council disapproved the specific plan. In some cases, a legislative act is required. In others, the developer may simply wish to seek a legislative act. However, most often, developers will not seek a legislative act, since the City's authority to deny such a legislative act is generally broader than non -legislative acts. The most common legislative act that is voluntarily sought by developers is development agreements, since such agreements provide certainty to the developer in the development of his or her project. For instance, a developer may seek the approval of a tentative map. However, without the approval of, say, a general plan amendment or specific plan adoption, the tentative map may not be consistent with the general plan or the applicable zoning. Recently, some on the City Council have expressed a desire to also review quasi-judicial acts (such as tentative maps) when the corresponding legislative act comes before the City Council. In response, City staff has tried to include in the City Council's agenda packets for such legislative acts, a copy of recent tentative maps that were approved by the Planning Commission. However, because the City's ordinance concerning the approval process for quasi-judicial acts has not been amended, in these situations, the City Council technically (i.e., legally) does not approve or disapprove the quasi-judicial act (i.e., the tentative map). Instead, if the City Council should decide that the project (i.e., the map) is not desirable, the City Council could deny the corresponding legislative act. Thus, the City Council, in effect although not expressly so stated, has the ability to prevent a tentative map from being developed. The City Attorney has been asked to provide advise on whether and how the City Council may be given the authority to substantively review quasi-judicial acts that also involve a legislative act on the part of the City Council. The City Council may substantively review quasi-judicial acts that involve a legislative act on the part of the City Council. This may be done by amending the City's Municipal Code governing the role of the Planning Commission. A copy of a proposed Municipal Code amendment accompanies this memorandum. California's Subdivision Map Act (Gov't Code, § 66410 et seq.) and the State Planning and Zoning Law (Gov't Code, § 65100) give the City broad authority to determine the process for approving quasi-judicial acts. Thus, approval of quasi-judicial acts legally may be accomplished under local ordinance by one of at least three different means: (1) An advisory agency (i.e., the Planning Commission, the Community Development Director, etc.) is authorized to approve, conditionally approve, or deny quasi-judicial acts. (2) An advisory agency is not authorized to exercise approval power, but reports its recommendation to the City Council. (3) No advisory agency at all (quasi-judicial acts are submitted directly to the City Council). (See California Subdivision Map Page 2 of 4 Act and the Development Process, Daniel J. Curtin, Jr. & Robert E. Merritt, § 5.7, p. 117 (C.E.B. 2003).) The suggested change that is contained in the accompanying draft ordinance is a variation of items (1) and (2) above. The Planning Commission would be the final approving authority for quasi-judicial acts that do not involve legislative acts by the City Council, such as specific plan adoptions or general plan amendments, while the Planning Commission would be merely a recommending authority for those quasi-judicial acts that require a legislative act by the City Council. Since the City's Municipal Code and Zoning Ordinance currently provide for final approval of quasi-judicial acts by the Planning Commission, the method for changing this process would be through an ordinance. Whether the City wishes to adopt this ordinance amendment is therefore a policy decision. It involves a question of the level of authority the City Council wishes to retain and the amount that it wishes to grant to the Planning Commission. In this regard, one legal commenter has stated: "For most local agencies, the planning commission is the 'advising agency' with the authority to approve, conditionally approve, or disapprove the tentative map, subject to the right of appeal to the city council Other jurisdictions provide by local ordinance that the planning commission is merely advisory to the legislative body, that the advisory agency is a city official or a committee composed of city officials, or that the entire matter is to be heard and decided by the legislative body. Generally, large jurisdictions have a single advisory agency hearing officer while the smallest jurisdictions retain all authority in the governing body. Most agencies, however, have the planning commission as the advisory agency." (Curtin, supra at § 9.8, pp. 228-229.) Obviously, there are good policy reasons for either method of processing tentative maps. The City Council may, as a policy matter, like to see the "entire project" all at once, rather than appearing to have only a piece of the project before it. From a CEQA perspective, having the entire project before the City Council could appear "cleaner" since it would remove any argument that the City is "piece-mealing" the project. However, we believe that such a "piece-mealing" argument would likely fail. There is also a good argument that under CEQA the modified approach would allow the Planning Commission to make a recommendation on a project to the City Council before the applicable CEQA public review period' is over since the ultimate decision on the project will not be made until it reaches the City Council. This could streamline the process. Countervailing policy reasons also exist. For example, the bifurcation of quasi- judicial acts into two categories (those with legislative act and those without) could be seen as cumbersome by the development community. Also, the Planning Commission may perceive that it is not entrusted with authority. With 1 Normally, 21 days for negative declarations and mitigated negative declarations and 45 days for EIRs. Page 3 of 4 regard to the streamlining that the proposed process could lead to, some may perceive such streamlining as evading the purpose of the public review process, since the Planning Commission would thereby be making its recommendation, perhaps without the benefit of the full public review period. Finally, as Curtin notes above, as the City grows, it might be more appropriate for these approvals to be handled by another body, thus allowing the City Council to take up broader policy decisions. We wish to point out that these are primarily policy decisions, meant to be decided by the Council. We offer them only for the benefit of the Council being able to make a well -reasoned decision. As a legal matter, by requiring a formal written appeal from parties who might wish to sue based on a project (rather than having the map automatically brought to the City Council) the current process reduces the risk of a successful challenge and also could reduce the scope of issues that could be raised in such litigation. However, this reduction in risk is likely small, since even under the current process, someone wishing to challenge a quasi-judicial act that also involves a legislative act would likely be appealing the legislative act as well as the quasi-judicial act itself and would likely throw in every possible argument that could be made. Thus, we believe the legal benefits to one process or the other are minimal and this remains primarily a policy decision of the Council. Therefore, the City Council can amend its Municipal Code to allow for the substantive review of quasi-judicial acts when accompanied by legislative acts of the City. The accompanying ordinance provides that whenever a quasi-judicial act is accompanied by a legislative act, the quasi-judicial act will be recommended by the Planning Commission and acted on by the City Council. Such quasi-judicial acts that the City would be reviewing would include: tentative maps, vesting maps, parcel maps, extension of any tentative maps, variances, conditional use permits, site development plan reviews. BUDGETARY IMPACT: The adoption of the accompanying ordinance likely will not have a positive or negative financial effect. ATTACHMENT: Ordinance No. Page 4 of 4 AGENDA ITEM Lf July 1, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Peter A. Consentini, City Manager SUBJECT: Council's Goals Process RECOMMENDATION: It is recommended that the Council go through the goals process outlined in this report. BACKGROUND: Whenever I come to work for a new Council, I believe it is healthy for our relationship to go through a goals process that gives the new manager an idea of what the Council wants to accomplish. In our limited resources environment, it is important that I know the priorities of the Council so I can allocate our limited resources on the projects the Council believes are most important. We also need to discuss a tracking system for the goals. Council wanted to consider a tracking system from Vice Mayor Buydos. The attached staff report dated September 14, 2000 was given to me by Vice Mayor Buydos for discussion. City Manage Finance Director: /1/4- Page 1 of 3 THE PROCESS: The goals process will include two segments: Segment I — Identify the Council's Goals - Council and staff will go through a goals process. Step 1: As a starting point, Council will review the most current status report on the former goals (copy attached). Council will also review the most recent copy of the Council follow-up report to view the projects, programs, and assignments that staff is currently pursuing, at the direction of Council. Step 2: One at a time, Council Members will take turns articulating goals. Each Council Member will take turns stating a goal until all goals are stated. Staff will be available to assist the Council with input and advice. Step 3: After all goals are listed, staff and Council will take each Council goal and discuss a scope of work for each goal. This is an important part of the process because staff can give the Council the benefit of their experience. Council Members can easily identify what they want; however, staff may be more familiar with the technical aspects, processes, and programs that can best deliver the desired product. Step 4: The Council's goals will be typed out on a sheet of paper so the Council can go through a voting and prioritization process, so the Council can prioritizes their goals. This will complete the first segment of the goals process. Segment II — Funding Determination Once the Council has identified and prioritized the goals, staff will then proceed to estimate the cost associated with the implementation of the Goals. Staff will identify optional funding sources in a report that will be developed and delivered at a future regular Council meeting to consider the implementation and funding of the goals. Page 2 of 3 JUSTIFICATION: It is wise to have a newly formed Council go through a goals process to determine the new direction of the Council. BUDGETARY IMPACT: to be determined: I Segment II of process is completed. eter A. Cosentini City Manager ATTACHMENTS: 1. Sample Tracking System — Staff Report Dated 09/14/2000 2. Old Goal's Report 3. Council Follow-up Report 4. Staff Input to Goals Process 5. Initial Goals Listing of May 20, 2004 Page 3 of 3 DATE: STAFF REPORT September 14, 2000 SUBJECT: Update on JPC Actions, Legislation and Staff Activities The format of the report has been modified, and a table added to specifically monitor our progress in reaching and obtaining the Goals for 2000. This report on JPA staff activities covers the period July 13, 2000 - September 14, 2000. It is an information and status report on selected staff and JPC-directed activities. In addition to this report, there are separate update reports on the activities of the Caretaker Cooperative Agreement program and the March Inland Port. ECONOMIC DEVELOPMENT CONVEYANCE (EDC) Letter from Defense Finance Accounting Service (DFAS) dated August 1, 2000 was received with respect to payment of disputed lease payments. Staff responded with a request for debt determination on August 16, 2000. POTENTIAL REUSE PROJECTS Exclusive Right to Negotiate. At the July 2000 JPC meeting, the Commission selected Lennar Partners to be the Master Developer for West March. Staff and Lennar are meeting on elements that will result in the formulation of an Exclusive Right to Negotiate for the West March property. Weapons Storage Area. Since the Weapons Storage Area is part of the area included for negotiations with the West March Master Developer, Pyro Spectaculars is amending their proposal to lease the property to utilize the existing facilities, under a termed -lease. This property is being surveyed for transfer, with transfer anticipated by the end of the year. Additionally, at the request of City of Riverside Council members, Pyro Spectaculars held a public meeting on August 1, 2000, and no members of the public attended this meeting. Their business plan has been reviewed and determined to be complete. U.S. Veterans Initiative. A proposal was presented to the Commission for action at the February meeting. That proposal was approved. U.S. Vets have supplied the additional information, and that information is being forwarded to Byrd & Associates for review and concurrence that the business plan is complete. Staff has initiated a lease request with the AFBCA for the properties and facilities U.S. Vets included in their business plan. Once the lease arrangement with the AFBCA is known, U.S. Vets and staff will commence with documentation for site control and entitlement to implement the business plan of U.S. Vets. MARCH JJA HOMELESS ASSISTANCE PLAN In March, the JPA filed a complaiIli in U.S. District Court stating that the actions of the Department of Health and Human Services (HHS) in l 994 were illegal, and the JPA is now awaiting court action on that filing- Al the direction of the Commission, staff is now working with two of the homeless assistance providers that were included in the JPA=s proposed Homeless Assistance Plan. Dates for actual occupancy and program services are undetermined. UTILITIES Water and Sewer. Transfer of the Water and Sewer Systems is included on the zero -cost economic development conveyance. The AFBCA is completing the environmental work on the transfer of the two systems, and a deed transfer may be completed in Year 2001. Staff met with Western Municipal Water District (WMWD) on July 11, 2000 regarding preparation of the water and wastewater systems. A business plan and proposal should be forthcoming in Fall 2000. WMWD has requested $4,000,000 in federal assistance for the construction of a wastewater reclamation and reuse facility improvement at the March sewage treatment plant through Proposition 13 funds. Natural Gas. Segregation of the natural gas system has been completed by the SC Gas Company. Electric. The AFRC has segregated the electric system; however, segregation of the system is not a complete segregation, as the circuits that serve the cantonment, as well as non -cantonment are fed by the electrical substations within the cantonment. Through three recent power outages, this has been found to be highly problematic. The Chair and Executive Director met with Mr. Randall Yim, Deputy Under Secretary of the Department of Defense regarding the issue of the electric system pursuant to the letter addressed to Mr. Yim by the Chair of July 7, 2000. Telecommunications. As of J anuary 1, 2000, the Air Force Reserves assumed the operation and the maintenance of the telecommunications system until the surplus portion of the systems is transferred to the March JPA via the economic development conveyance process. The exception to this is maintenance of the system in the Green Acres housing area, and that responsibility will remain with the Caretaker program. CONSULTING ASSISTANCE Lobbying assistance in Washington, D.C. - Copeland, Lowery & Jacquez. Lynn Jacquez has been working with staff regarding designation under the Military Airport Program and on other potential FAA sources of funds. Periodically she assists with the recruitment of cargo carriers, and s continues to monitor other general DC actions that may affect the reuse of March. An additional project for potential funding in 2000 has been submitted to FAA. Page -2- Infrastructure Inventory & Analysis Plan. Psomas and WMWD are under way with the mapping and aerial controls for the infrastructure Inventory and Analysis Plan. Full inventory with field verification should be completed by the end of the year, with master planning completed three months thereafter.Completion infrasttructure de sv lopment to support base reuse effortslan will ermit the March A, utility p��o� and master developers to p Record of Survey. Psomas was selected to provide record of survey for parcels to be transferred on West March. Records of survey for the first parcels shall be recorded by the end of the year, which will facilitate transfer of property by deed as well. REDEVELOPMENT Red_ e]opment Project #1 RA-98-01: CDFProject Preliminary plans must be completed by October 2000 and 90% working drawings by January 2001. These dates are critical so project funding can be secured under the State=s 2001/2002 budget. Geotechnical and survey work has been conducted. F Di Staff has shown various facilities for a couple of movies lately. No commitment has been made to date. The hospital and Green Acres Estates continue to be of great interest for filming. LEGISLATIVE UPDATE No reportable actions. FORE]GN TRADE ZONE APPLICATION The Department of Commerce approved the designation of a Foreign Trade Zone at March in August 2000. See agenda item No. 12b for further detail. ADMINISTRATIVE ACTIVITIES Stafn Recruitment of the Airport Manager position ended with five applicants being interviewed on June 22, 2000, however after extending an offer for employment, the position has not been filled. The opening created by the resignation of the Executive Director is being addressed by the creation of a recruitment package. Interviews were held on September 14 and 15, 2000_ It is anticipated that appointment will be made at the October 2000 meeting. Trade and Commerce (T&C) Grant Funding requests to partially match the TEA-21 grant for the Oleander Avenue Extension and an application to provide the cash match to the OEA were both approved in January. Annual' BudPels Annual budgets for the JPA, the Redevelopment Agency, and the Airport Authority were approved at the June JPC meeting. Each budget was reviewed by the TAC in May, the Commission=s Finance Committee. Confl ict of ]nterest Codes The JPA is required to review and amend, if necessary, its Conflict of Interest Codes in 2000. A biennial report is then to be submitted to the State. This must be done by October 1, 2000. Mark etin A new marketing economic development brochure for the March Inland Port. CCB - 9/14/00 W:VPClupdate-sep' rpt.wpd Page -4- The March Joint Powers Authority GOALS FOR 2000 4t its annual Planning meeting, the March Joint Powers Commission reviewed its accomplishments for 1999 and its objectives for the new year. As a result of that discussion, the following Goals are proposed to be approved by the JPC as work program objectives for 2000. Goal / Objective Status Real Property Disposition Begin implementation of the March JPA approved Homeless Assistance Plan by initiating acquisition of the properties from the Air Force and leasing those properties to the approved homeless assistance providers. Providers contacted, no commitment to commencement dates. Obtain resolution to the suit against the U.S. Department of Health and Human Awaiting a court date. Services in the U.S. District Court. Obtain the Final Record of Decision on real property at March Air Force Base. Issued for most of March. ROD awaiting HHS lawsuit. Amend the approved Economic Development Conveyance Application to include all parcels included in the Final Record of Decision. See above. Obtain 3-5 of the properties included in the Economic Development Conveyance through deed transfer. Facilitate the conveyance of Public Benefit Transfers to approved agencies. Enter into formal iness systems, including the issuance arrangements e of a Request forQual fi� p s cationsals for the naltural gas and telecommunications systems. Pursue the option of lease -backs with the Department of Defense non -cantonment island properties on March AFB. Prepare and implement a long-term business plan for the maintenance, upgrade and operation of Green Acres Estates, including the establishment of a Trust Fund for Capital Replacement. Draw -down the Caretaker Program so that the program can be phased out completely in 2001. Legal survey and description work commenced June 2000. West March Parcels to commence transfer by end of year. On -going. Request for proposals from current providers have been requested. N o 2�pgotiations have taken place. March JPA may consider going out with RFP by Fall 0. Position of the March JPA still stands. No reportable action by the Air Force. No reportable action. No reportable action. Infrastructure / Site Preparation Complete the final engineering, property acquisition, bid process and construction of Property acquisition phase currently underway. Project bid plans to be completed the Oleander Avenue Extension (TEA-2l) project. October 2000. Purchase all SKR Mitigation Credits required on property that will be owned or \ Currently being acquired, as authorized by the Commission. controlled by the March JPA. Develop a plan and study the upgrade of the Sewage Treatment Plan, including the demarcation of March / Riverside service capacity areas, Infrastructure Inventory and Analysis Plan was initiated April 2000. Additionally WMWD has applied for Proposition 13 funds to upgrade the Sewage Treatment Plant, Complete the Infrastructure Inventory and Analysis Plan funded by OEA. See above. Seek funds to develop a Project Study Report for the Van Buren Interchange. No reportable action. Submit an application for funding for ASite Demolition at Arnold Heights@ to the Economic Development Administration. Property has not transferred. Staff will commence with contact with EDA to draft an application to submit, once property has transferred. Complete the Area Drainage Master Plan for the March JPA. Proposed Plan to be submitted November 2000 for consideration. Solicit funding for the development of storm drain improvements to the Heacock and Oleander Storm Drains to alleviate infrastructure deficiencies at March Inland Port No reportable action. March Inland Port Aviation Infrastructure Complete the design, engineering, bid specifications, bid process, construction, and installation of improvements to the instrumentation landing system (ILS) to Category Final plans have FAA approval. March JPA is working with AFRC to finalize the plans for authorization to bid the project. Two (CAT -II) standards. No reportable action. Solicit funding to construct taxiway widening projects. FAA expressed concerns August 2000. March JPA • Airport. Obtain designation as a Military Airport Program (MAP)working MAP application has been filed. on those issues to seek designation FY 2001. Solicit funding through an FAA earmark for the development and installation of a fueling system to serve March Inland Port. March Inland Port Development Complete the Philips Consumer Electronics facility for occupancy and operation by /t,P Pnfl of June. No reportable action. Occupancy issued June 2000. :omplete engineering and design plans and proceed with construction of the facility nd associated infrastructure for the California Department of Forestry and Fire 'rotection planned air attack base at March Inland Port. Engineering plans commenced June 2000, and Preliminary Plans (35%) are scheduled for completion October 2000, with Working Drawings (95%) to be completed by January 2001. Construction is estimated to be funded for commencement in July 2001. fn cooperation with the March Inland CargoPort Development, LLC, initiate the development of a speculative ramp -side facility. No reportable action. Assist and facilitate the development and expansion of the March Air Field Museum. Master Plan has been approved and plans are underway for implementation of their project. Pursue the option to purchase land to the south and east of March Inland Port to preserve for future growth and expansion of the airport. No reportable action. Protect March Air Reserve Base and the March inland Port from land use encroachment and incompatible uses through joint planning efforts with the member jurisdictions. Initiated Aviation Overlay Zone work July 2000. Ordinance is scheduled for completion October 2000, with all jurisdictions then proceeding with the ordinance adoption process. March Inland Port Operations Continue to host the Boeing Corporation for test flight operations. On -going. Seek a fixed base operator for March Inland Port, including the option of being a fixed base operator for the Air Force Reserve Command at March, either through joint venture, contract or otherwise. Negotiate and implement an Operating Agreement with the Air Force Reserve Command. Promote and market the March Inland Port and pursue air cargo operators in cooperation with the March Inland CargoPort Development, LLC. Property Development & Partnership Complete the selection and negotiate a business agreement with a Master Developer(s) for West March EDC properties. Negotiate with utility purveyors for the development, operation and serving of the March JPA Planning Area. Promote March as the terminus of the High Speed Rail (Mag Lev) demonstration oroiect, including the otential location of a maintenance facility and technology No reportable action. Currently in progress. On -going. Attended Air Cargo Conference in Alaska. Responded to requests by carriers -issued proposals. Looking to conduct follow-up visits from the April visits to cargo carriers. Selected Lennar Partners July 2000. Currently working on the negotiations of an Exclusive Right to Negotiate. No reportable action. Position and resolution passed April 2000. center. Enter into a long-term agreement for the operation of the Golf Course. Completed in May 2000. Pursue leasing of the Weapons Storage Area to an appropriate tenant. Ready to lease, upon transfer of the property in late 2000. Negotiation of multiple redevelopment project with public and private investments interested in entering a Disposition and Development Agreement. Various on -going activities. Procure long-term financing as the Agency, including a bond issuance for the No reportable action. construction of the Air Attack Base ramp facility. Legislative Agenda Obtain the designation as a Foreign Trade Zone for the March Inland Port from the U.S. Department of Commerce. Hearing - February 2000 held Reporting/Determination anticipated September 2000 Promote and strengthen the military missions at March Air Reserve Base, by seeking allocation of C-17s to March. On -going efforts, assist the AFRC and Legislative delegation as appropriate Obtain federal aviation funding for the civilian aviation fueling system. In progress with Copeland Lowry and Jacquez. Obtain State funding through the Defense Adjustment Program Fund, and petition for continuance of the Fund and program. On -going. Negotiate and enter into an Aviation Fuel Tax Collection Sharing agreement with the No reportable action. County of Riverside. Compljoint of March Inland Port and future growth andmember deve pment of thefor areathe second phaseservices to be init ated thereaftermeeting. First product due October 2000, with compatibility Assignment 1. Soboba TIER I Coordinate Phase I and Phase II or Ibarra Professional Services Agreement — City Manager Wager meeting with Mickey Ibarra on January 21, 2002 Amendment No. 1 — Extending the PSA with Mickey Ibarra & Associates for an additional 11-month. Copy of application of land into trust received on April 10, 2002. Staff to commence review for completeness. Comments submitted on 6/12/2002 to BIA Re: Environmental Assessment 8/13/2002 — Soboba Band of Luiseno Indians withdrew BIA application — Soboba to resubmit application with territory additions and changes to the scope of work Professional Service Agreement with Mickey Ibarra & Associates extended by City Council 1/09/2003 Meeting between the City and BIA/Soboba Band of Luisefio Indians being coordinated by Mickey Ibarra- Tentative Date May 15, 2003 Annexation withdrawn PSA with Mickey Ibarra re -negotiated 10/16/2003 Negotiations with Tribal Council/City Council to start soon—1s`joint meeting took place 06/17/2004 2. EDA Grant/Sewer Lift Station & Waterline A. Secure all funds necessary (Pending USFWS Clearance) B. Complete all procedural issues with EMWD relating to EDA/County funds (USFWS Clearance received 4/25/02) C. Obtain Council approval of modified EMWD Agreement EMWD reviewing engineer's estimate for lift station — City will take the lead on the bid advertisement, contract award, and project administration; EMWD to inspect the lift station; City will be the lead for design waterline project, advertisement, award of contract and inspection. D. Meeting scheduled for 5/14/02between City and EMWD to discuss final funding of water/sewer project E. Revised agreement approved by EMWD Board F. Notice to Bid Authorization approved by City Council on 6/20/02; G. Plans and Specifications available — Bid Opening 8/30/2002 Revised 06/23/04 Responsible Party/ Estimated Due Date Cosentini 10/14/2001 COMPLETE 02/21/2002 COMPLETE Hults In Progress COMPLETE 6/20/02 H. Bid Award scheduled for 9/5/2002 06/05/02 I. Construction work scheduled to start October 7, 2002 and to be 06/20/02 completed by July 3, 2003 — high water levels causing delay of project — sewer force realigned J. Ramona Boulevard/Sanderson Avenue Waterline Under Construction — Estimated Completion June 21, 2004 - Completed TIER I - COMPLETION Assignment 1. Tonv's Sea Landing Close escrow with Valley Bank. 2. SGT Negotiations Complete remaining M.O.U. 3.Competition Park Monitor all CUP issues associated with this use — Operations ceased 6/07/2002 4. Connectivity Project Complete connectivity project arrangement with Riverside County: A. Council Approval B. Complete Installation — County MIS staff on site at San Jacinto installing wiring C. Final physical improvements to accommodate equipment D. PC's being installed week of 9/16/2002 E. Connectivity Employee Training taking place F. Connectivity and e-mail complete 5.CFD No. 2002-1 A. Implementation of M.O.U. B. City Council action of 3/7/02 allowed the scheduled foreclosure sales of CFD No. 2 to occur on March 21st and March 28`h. C. On Monday, June 3, 2002, staff met with development team to discuss land use entitlement process and discuss LLPD # 2 impact D. Eight Tentative Tract Maps applications received 5/3/02 for Rancho San Jacinto Development — Planning Commission Public Hearing scheduled for 8/21/2002 E. Preliminary hydrology review comments completed 07/29/2002 F. Formation election for CFD # 2002-1 held successfully 9/10/2002 G. Long Term Extension of Time for Development Agreement 1-89 Responsible Party/ Estimated Due Date Wager/Lanier 12/21/2001 COMPLETE Wager/Bohn/Matthew/Floyd 01 / 11 /2002 COMPLETE Hults COMPLETE Wager/Simon 9/20/2001 12/06/2001 6/2002 COMPLETE Wager/Simon 04/2002 COMPLETE being discussed with developer (11/21/2002 C.C. action) H. Extension of Development Agreement 1-89 scheduled for Planning Commission 01/16/2003; P.H. before City Council scheduled for 02/06/2003 — Ordinance approving Development Agreement introduced on 02/06/2003; second reading scheduled for 02/20/2003 TIER II Assignment 1. Warwick Erosion Problem A. Complete Eminent Domain — Pre judgment possession deposit in the amount of $7,452 placed with the State of California Deposits Fund on December 2001. B. Drainage improvements- complete. C. City working with developer to complete punch list items for Tract 24738. D. Court Hearing for purchase of property pending 3. Grant Applications On going effort to identify grant opportunities for all phases of municipal operations A. Rehabilitation and Improvement of Existing Rancho Area Non - Motorized Trail Submitted October 2002 (2nd Attempt) — Denied B. City Makeover Program - $75,000 Grant Application with MWD Approved C. Landscape Conservation Demonstration Program Grant Application with EMWD - $25,000 (Estudillo Mansion) — Grant Approved 02/19/2003 D. Alcoholic Beverage Control Grant Application in the amount of $51,422 to be utilized on an ABC licensee compliance project— 04/17/2003 4. On -going maintenance and enhancement of web page 5. Comprehensive Sign Ordinance — Review and Modification The review must specifically address billboards — Marco Martinez of BB&K providing recommendation to City to conduct a survey of all signs in the City prior to starting any type of signage abatement program 6. Comprehensive Truck Use — Review and Modifications Review to encompass weight limits, truck routes, and hours of operation; permitting, and truck parking (done). Weight limits and wide load permits must have the review of City Attorney and must comply with recent legislation approved by FAA. Responsible Party/ Estimated Due Date BB&K 12/06/2001 4/22/02- COMPLETE On -going On -going Hults 05/01/2002 Hults/Motlagh/Simmons 07/01/2002 TIER II COMPLETION Assignment 1. Year End Report Publish Year End Report, mail out to all residents, and business Publish 2nd year end report prior to State of the City speech — Available for distribution 10/09/2002 and mailed to City residents and business November 2002 — 3rd Year publication completed October 2003 2. Implementation Plan II A. Submit draft to City Council for review and comment B. Adopt Implementation Plan II 3. Water Development Fees Resolution Review policy issues with Water Committee and issue report to City Council 4. Road Projects Secure authorization to obtain bids and commence construction. A. Miscellaneous Pavement Rehabilitation (Lyon, Pepperwood/Lori Ann, Lake Park Drive, Tract 24054 and Virginia Lee Parking Lot) — Bid Awarded and project under construction — Project Complete 4/4/2002 B. Sanderson Avenue Rehabilitation (Esplanade to Cottonwood) — Bid Opening 2/24/2002 — Bids opened 2/24/02; contract awarded 3/7/02. Construction under way — Estimated opening of road 6/14/2002 Idyllwild Drive Improvements — Deleted from FY 2002-2003 budget due to Measure "A" fund shortfall 5. Deputy City Clerk Hire A. Review application submitted B. Set interviews and make offer C. Start date 6. Road Projects A. Ramona Boulevard Sidewalks — Bid Advertisement started 10/24/2002 — Bid opening scheduled for November 25, 2002 Responsible Party/ Estimated Due Date Wager/Alvarez 11/30/2001 COMPLETE Lanier/Williams 11/2002 COMPLETE Cosentini/Alvarez Wager 9/21/2001 11/15/2001 COMPLETE Motlagh/Lavin COMPLETE Motlagh 04/09/2002 COMPLETE 07/14/2002 COMPLETE Wager/Bohn 9/10/2001 9/21/2001 10/15/2001 COMPLETE COMPLETE 06/09/2003 B. Contract Awarded to EPS, Inc. 01/09/2003 — Start of Construction 02/18/2003, estimated completion 05/18/2003 7. Estudillo Porch & Balcony A. Secure Council authorization to go out to bid — contract awarded to Mackone Development on November 15, 2001 B. Construction Complete 5/28/2002 8. GIS Hire A. Interview candidates B. Candidate to be in place — Carlo Umali started his employment with the City of San Jacinto December 17, 2001 9. Council Team Building Session Date has been set (January 12, 2002), and a facilitator has been selected. 10. Grant Applications On going effort to identify grant opportunities for all phases of municipal operations A. LLEBG — Acceptance of Grant B. Non -Motorized Trails — Application did not rank high enough for funding C. The California Heritage Fund Grant Program — grant application submitted by Mary Lanier for $50,000 grant towards Estudillo Mansion Improvements —Notification of Grant Approval received 5/8/2002 11. Five Point Traffic Signal A. Authorization to Proceed with Bid Advertisement pending Caltrans approval to proceed with construction and obligation of CMLG funds. B. Authorization to Advertise and Award Project received 08/28/2002 — Bid advertisement started August 30, 2002 C. Bid opening scheduled for 10/03/2002; contract award by City Council 10/17/2002; anticipated start of construction 12/2002; and anticipated project completion 04/30/2003 12. Sallee Park Renovation A. Presentation to Council by Sam Goepp B. City, Valley Wide and School District staff to develop Master Plan and timeline for submittal to all legislative bodies C. Construction plans for Sallee Park submitted to the City for review 08/02/2002 and subsequently approved. Hults/Lanier 9/20/2001 05/28/2002 COMPLETE Hults/Bohn Week of 9/3/2001 11/15/2001 COMPLETE Wager/Council 10/18/2001 COMPLETE On -going COMPLETE COMPLETE 05/2002 Motlagh COMPLETE Wager/Hults 12/06/2001 COMPLETE 07/09/2002 D. Bids received — construction project awarded to Adame Landscaping Co. Anticipated project completion 02/01/2003 E. Work under construction — park renovation complete 13. Resolution of pending personnel issues 14. Ground Water Management Plan A. Continue efforts to establish Groundwater Management Plan — Final issue needing resolution is Lake Hemet Municipal Water District's stream diversion B. Interim Principles for Water Management scheduled for approval by City Council 07/24/2003 - Approved 15. Skyview Park Wall A. Bid Award scheduled before City Council - Council rejected all bids pending comprehensive review of Park Development Funds B. Council approved construction of block wall on 08/21/2003 — construction scheduled to start 09/15/2003 — Block wall completed 16. Noble Trucking A. Follow up on summary judgment hearing action November 12, 2001 B. Seek federal lawsuit dismissal C. Superior court judge dismissed motion for summary judgment. D. Additional hearing set for mid -September 2002 E. 02/19/2003 - Extension of time requested to file appellate brief. F. Settlement completed — payment made 17. Downtown Improvements A. Final plans to Council B. Bid solicitation — Bid Opening January 24, 2002 C. Bid Award with changes to scope of work in order to reduce construction cost — City Council on 2-21-2002, rejected all bids received 1/24/2002 and directed staff to meet with landscape architect to work on changes to the project, reducing the scope of work. D. Landscape architect revising the Downtown Plans — plans delivered to City Hall 5/8/2002 E. Re -advertisement of bids — May 2003 F. Bids received 07/07/2003 — Bid award scheduled for 07/24/2003 G. Project Under Construction — completion pending delivery of one street light — Notice of Completion approved 6/17/2004 02/01/2003 COMPLETE Cosentini/Durden On -going COMPLETE Cosentini 3/1/2002 9/23/2002 COMPLETE 09/05/2002 10/03/2003 COMPLETE BB&K Must follow Superior Court action (Fall 2002) COMPLETE Motlagh/Hults 10/4/2001 01/24/2002 02/21/2002 12/2002 COMPLETE Assignment 1. Line E TIER III Continue to work with flood control for alternate Line "E" project. Present options to Council — RCFC & EMWD resumed talks on Line E Meeting scheduled @ Riverside County Flood Control on 3-4-2002 — RCFC and EMWD working together and trying to obtain R-O-W for project — Estimated Notice to Bid — December 2002 Agreement with RCFC&WCS for Construction of Line "E" Scheduled for January 23, 2003 - Agreement ratified by Board of Supervisors 02/11/2003 Bid advertisement scheduled for April 2003; construction estimated to begin in early June 2003 Public Works Contract Awarded by RCFC&WCD 08/2003 Project under construction 2. Adelphia Franchise Agreement Pending approval of franchise agreement with City of Hemet and completion of bankruptcy proceedings. City Manager to contact Jeff Ballinger regarding status of franchise renewal and bankruptcy proceedings. Franchise negotiations to start soon — Extension of franchise agreement scheduled for Council approval on 7/1/2004 3. Levee Project A. Finish environmental assessment; identify Phase II in association with flood control — review of draft environmental assessment complete. Final Biological Assessment Report Complete by CH2MHILL. B. City to enter into a Cooperative Agreement with RCFC for the preliminary engineering and environmental permits associated with the construction of this project C. Phase II Development — Albert A. Webb & Associates selected as RCFC&WCD and City's consultant for completion of environmental permits and preliminary engineering D. PSA with Albert A. Webb & Associates and Cooperative Agreements between City and RCFC&WCD approved on 12/05/2002 4. General Plan Responsible Party/ Estimated Due Date Motlagh Pending submission by RCFC Cosentini Motlagh 02/2002 09/05/2002 Hults Complete all elements of General Plan — Notice or Preparation of CEQA document comment period expired 12/28/2001. Several entities commented. Preparation of Draft GP and EIR underway. First draft of the General Plan Received 09/05/2003 — Community Workshops scheduled for 9/17/2003 and 9/25/2003 5. Flood Control Master Plan 06/2003 Commission consulting firm to update flood control master plan — City Motlagh Engineer recommends that RCFC take charge of the City's Flood Control Plaster Plan Upon completion of General Staff requested RCFC&WCD assistance in the update of the City's Plan Update Master Drainage Plan upon completion of the City's General Plan 6. Street Sign Replacement Lavin Complete street sign replacement program for FY 2001-2002: A. 1st Phase — main thoroughfares B. 2nd Phase — on -going maintenance/replacement C. Council authorized staff to acquire $19,503 worth of street signs for Phase II of street sign replacement 08/27/2003 — Street signs ordered and installed in an on -going basis. More funds being requested in FY 2004-05 to complete the street sign replacement program throughout the City. 2/14/02 on -going 7. Budget Manuals/2001-2002Budget Process Simon Prepare how-to budget manual in advance of FY 2003-2004 budget 02/28/2003 preparation start-up 8. Well Projects Motlagh/Lavin A. Work with Water Committee to identify water well sites — 2/28/2002 — Joint Meeting of the City Councils of Hemet and San Jacinto directed both cities Ad -Hoc Committee Members to meet and discuss further the construction of a new well B. Water Ad -Hoc Committee scheduled for 5/29/02 @ 7:30 a.m. — Technical Committee from both cities to meet in June 2002 to identify water reservoir locations and future well sites C. Technical Committee recommendation for reservoir and well sites submitted to Council Ad -Hoc Committees for consideration on 07/29/2002- EMWD has indicated preferred site is not available D. Staff to prepare additional information in preparation of grant application. E. Plans and specifications for new well underway — Bid process 02/28/2002 completed and public works contract awarded 4/1/2004. Project under construction. 9. Hwy 79 Final Realignment Hults A. Final Realignment - Continue to work with General Plan 12/31/2003 Committee, consultants, and other agencies to identify the final route. 10. EMWD/City Sewer Boundary Resolve in agreement form with EMWD sewer collection/transmission issue — Agreement between City of Hemet and EWMD for sewer collection/transmission distributed to Water Ad Hoc Committee for review and comments City Attorney drafting new agreement between the City of San Jacinto and EMWD. Check with Jeff Ballinger regarding status of new agreement. First meeting with EMWD held on 12/23/2003. Second meeting scheduled for July 7, 2004 Wager/Motlagh 12/28/2001 TIER III COMPLETION Assignment 1. VEDC Workplan Present to Council a VEDC workplan for balance of FY 2001-2002 Response letter sent to VEDC on 12/20/2001 requesting VEDC's workplan. 2002-03 Workplan submitted 3/27/02 — Letter requesting more specific workplan mailed to VEDC 4/5/02 — Contract with Scope of Services pending approval by VEDC Meeting with City of Hemet VEDC Subcommittee scheduled for 03/12/2003 at 5:30 p.m. Contract with VEDC approved — Payment for FY 2003-04 made. 2. So. Ca. Edison A. SCE New Franchise Agreement approved 4-4-2002 3. Infill Housing & Neighborhood Strategy Present to Council a comprehensive infill housing and neighborhood strategy plan. A. Study Session before the City Council B. Submit to City Council (Regular Meeting) 4. Acquisition of Sweeper/Striper Place into service new City street sweeper. Publish street sweeping schedule for the general public 5. Hwy 79 Interim Realignment A. Interim Realignment — Develop cooperative agreement with Caltrans and County of Riverside for the interim realignment of SR 79 from Gilman Springs Rd. to Ramona Expressway B. Official relinquishment effective 07/30/2002 6. Park Manor Demolition 7. Estudillo Mansion Grounds Master Plan Responsible Party/ Estimated Due Date Wager Pending submission from VEDC 04/26/02 COMPLETE Wager 04/04/2002- COMPLETE Hults/Lanier 10/25/01 11/15/01 COMPLETE Lavin 12/26/01 03/22//02 COMPLETE Hults 06/06/2002 COMPLETE Hults/Lanier 03/08/2002 COMPLETE Hults/Lanier Prepare draft outline of phases for grounds development October 18, 2001 COMPLETE 8. Urban Water Plan Lavin Work with Water Committee to select urban water plan consultant 10/15/2001 Complete development of an urban water plan. Draft Urban Water Management Plan to be distributed to Water Ad- 3/2002 Hoc Committee on 02/15/2002 Presentation by Stetson Engineering occurred on 4/4/2002 4/4/2002 COMPLETE 9. Lake Park Drive Block Wall Motlagh Design, bid, and construct block wall on Lake Park Drive by Soboba COMPLETE Springs Mobile Estates. SUBJECT: CR&R Negotiations LOG NO.: 19 DATE: June 5, 2003 Council Follow-up Page 1 06/23/2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council DESCRIPTION: Cosentini 2004 Council established a Council Sub -Committee made out of Council Members Jim Conner and Ken Shaw and City Manager Cosentini to engage in contract negotiations with the City's Trash Hauler contractor CR&R to explore options. Some of the key issues are more community clean up and street bid system. ACTION/COMMENTS: Negotiations began July 15, 2003. Next meeting with Council Sub -Committee and staff scheduled for 9/23/2003 at 3:30 p.m. — on -going. SUBJECT: Council Goals LOG NO.: 59 DATE: August 7, 2003 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Conner DESCRIPTION: Cosentini 2004 Council Member Conner requested that during Council discussion of goals, staff start with the presentation of the former Council's goals, which included three different tiers. Meeting cancelled; staff to include Council's Goals in regular Council Meeting for discussion, as permitted. ACTION/COMMENTS: Meeting set for 02/28/2004. Meeting to be re -scheduled due to conflict with other city events on the 28th of February. Coming back at regular Council meeting. SUBJECT: Sale of City's Street Lighting System LOG NO.: 86 DATE: August 27, 2003 REQUESTED BY ASSIGNED TO Council DESCRIPTION: Lavin ESTIMATED COMPLETION DATE 2004 ACTUAL COMPLETION DATE Staff to contact SCE to find out if this agency is still interested in purchasing the street lighting system from the City. Edison wants to wait until April 2004 to see if their finances can do the deal. ACTION/COMMENTS: SUBJECT: Administrative Policy — Press Relations LOG NO.: 88 DATE: August 16, 2003 REQUESTED BY Council DESCRIPTION: ESTIMATED COMPLETION ASSIGNED TO DATE Cosentini 2004 ACTUAL COMPLETION DATE Council requested that City Manager create an administrative policy on press relations. The components shall be as follows: 1) City Manager is to approve all formal written press releases; 2) Press inquiries on specific projects and topics of department heads is okay; 3) Department Heads should run input on negotiations by the manager; negotiations are usually handled by City Manager or the Chief Negotiator; and 4) Department Heads shall be the only ones within the department to speak to the press; line staff shall not be making representations for the department. ACTION/COMMENTS: 2 SUBJECT: Vosburg Litigation LOG NO.: 91 DATE: August 16, 2003 REQUESTED BY ASSIGNED TO ESTIMATED COMPLETION DATE ACTUAL COMPLETION DATE Council Ballinger 2004 DESCRIPTION: Staff to gear up the Vosburg litigation and proceed. ACTION/COMMENTS: Pleadings in progress; January 16, 2004 — Hearing occurred. Judge gave owner 30-day to provide a plan and financing. SUBJECT: Seventh Street Railroad Crossing LOG NO.: 98 DATE: September 4, 2003 REQUESTED BY Council DESCRIPTION: ESTIMATED COMPLETION ASSIGNED TO DATE Motlagh June 2004 ACTUAL COMPLETION DATE Staff was asked to add the Seventh Street Railroad Crossing to the City's 5-Year Capital Improvement Project, which will enable the City to process the crossing improvement request through Public Utilities Commission and Riverside County Transportation Commission. ACTION/COMMENTS: SUBJECT: RDA Pass Thru Agreements Review LOG NO.: 107 DATE: September 19, 2003 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Manager Hults/Simon/Hughes June 2004 DESCRIPTION: Staff to review RDA Pass Thru Agreements for appropriate money allocation. ACTION/COMMENTS: SUBJECT: Standards for dead ends on the cul-de-sacs LOG NO.: 113 DATE: September 18, 2003 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Hults 11/20/2003 DESCRIPTION: Staff to bring back the issue of standards for cul-de-sacs. This issue recently came up in relationship to a subdivision where it was apparent that there were no standards for cul-de-sacs. ACTION/COMMENTS: 4 SUBJECT: Creation of Written Policy Governing Street Improvement Agreements in City's Right -of -Way LOG NO.: 138 DATE: October 9, 2003 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE City Manager Motlagh 01/01/2004 DESCRIPTION: Staff to bring back for Council's approval a policy governing agreements to defer public improvements. Staff should deal with placing some enforcement mechanisms in the policy for Council's consideration. ACTION/COMMENTS: Item is scheduled to be reviewed by Pre -Development Sub - Committee. SUBJECT: Levee Alignment Option LOG NO.: 142 DATE: October 17, 2003 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Motlagh 2004 DESCRIPTION: Council approved a preferred levee alignment and directed staff to develop a strategy to move intendum with the levee approval that would move forward the issue of looking at a master plan for the levee in areas where a plan has not yet been developed; staff to work with other agencies and sub -committees to develop this strategy. Staff to bring back the issue if the master plan request is going to delay the project. It was staff's perception that it is not the Council's intent to hold the project for the master plan request. ACTION/COMMENTS: SUBJECT: Interim Park Fee Measures LOG NO.: 148 DATE: October 24, 2003 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council DESCRIPTION: Hults 2004 Staff to bring forward some type of interim measure to assist our lack of park fee. This is a policy on definition of park that defines that drainage basins are not parks and there are such issues. Tim to provide a paragraph to be included in the park specifications stating that no park credit shall be given to developers for drainage basins. ACTION/COMMENTS: SUBJECT: Joint Projects with Valley Wide Park & Recreation District LOG NO.: 149 DATE: November 6, 2003 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council DESCRIPTION: Staff March 2004 Staff to bring back a report that outlines potential cooperative efforts that the City can engage in with Valley Wide Parks and Recreations Districts, and the topics are: 1) Park Standards — currently being written by Bob and Tim; 2) Park Maintenance — Sam to give proposal if interested in providing maintenance service to the City; 3) Park planning has been contracted out 4) Identification of a 50 ac. Regional park site — 50 acre park identified and to be included in the general plan update; and 5) Park Master Plan may be done depending on Council direction on other issues to be presented. ACTION/COMMENTS: Meeting scheduled for December 9, 2003. Subsequent meeting(s) to be scheduled. 6 SUBJECT: Druding Park LOG NO.: 153 DATE: November 6, 2003 REQUESTED BY ASSIGNED TO Council DESCRIPTION: Mayor Ayres ESTIMATED COMPLETION DATE Unknown ACTUAL COMPLETION DATE Council renamed Druding Park to Veterans Park; within the motion was the Mayor's commitment to do fundraising to erect a monument in monument in memory of Mr. Druding. ACTION/COMMENTS: SUBJECT: The Oak Tree Controversy — Tract 31035 LOG NO.: 154 DATE: November 6, 2003 REQUESTED BY ASSIGNED TO Council Hults DESCRIPTION: ESTIMATED COMPLETION DATE 05/06/2004 ACTUAL COMPLETION DATE A large oak tree was at issue in Tract 31035. Council directed staff to bring Valley Crest to evaluate the tree to see if the tree can be moved. If tree can successfully be moved, staff is to move it. If the tree cannot be removed, then an appropriate landscaping plan for oak replacement is to be provided as mitigation by developer. ACTION/COMMENTS: 7 SUBJECT: Assembly of God Church Land Exchange LOG NO.: 156 DATE: November 6, 2003 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Hults DESCRIPTION: Staff to bring back a report exploring the potential altematives for the sale of a City parcel located behind the Assembly of God Church; including the exchange of parcels with the Church. Staff also authorized the appraisal of the property in the process. ACTION/COMMENTS: SUBJECT: Council Policy on Annexation for Property near the City within County Jurisdiction LOG NO.: 157 DATE: November 6, 2003 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council DESCRIPTION: Hults 05/06/2004 Staff to bring back an agreement with the county that would have the County to adhere to City Standards in developing outside but near the City. Staff to also take the policy position that we are to challenge development right outside the City in the County area that does not first annexes into the City. Staff is free to challenge within the CEQA process those developments that do not annex into the City first. This would give the city entitlement authority to ensure that the standards are implemented and that these developments are included in the City's CFD and LLPD's district. ACTION/COMMENTS: SUBJECT: Estudillo Mansion Volunteer Program LOG NO.: 168 DATE: December 4, 2003 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council DESCRIPTION: Tim Hults July 2004 Staff to develop a volunteer program to help open the Estudillo Mansion Park Site and Mansion. The direction of Council was to not open the site prematurely and to wait until the grounds are done and things are completed at the site to open the grounds to the public. ACTION/COMMENTS: SUBJECT: Lyon Avenue Detention Basin Purchase Grading and Construction LOG NO.: 173 DATE: December 18, 2003 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Motlagh DESCRIPTION: Council authorized, after the purchase of the property, the grading and construction of a retention basin to be funded through drainage mitigation fees. Council also authorized the use of the special district for the ongoing maintenance of this phase. Estimated cost $350,000.00. This would occur after Phase I and Phase II Environmental Studies on the property. This action would also follow the engineering stage to make sure that the 20 acres are suitable for a drainage basin. ACTION/COMMENTS: 9 SUBJECT: Moving the Museum to the Estudillo Mansion Site LOG NO.: 176 DATE: December 18, 2003 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council DESCRIPTION: Hults 02/02/2004 Staff to take to the Estudillo Mansion Committee and the Museum Association, the issue of placing the Museum at the Estudillo Mansion site and bring back a recommendation for Council's consideration. ACTION/COMMENTS: SUBJECT: Standards for Utility Boxes LOG NO.: 180 DATE: December 18, 2003 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council DESCRIPTION: Motlagh/Hults 03/04/2004 Staff to implement standards for utility boxes and the placement of underground utilities and out of the way. Staff would either look at standards or start requiring to be installed underground as conditions of approval or look at phasing these utilities underground as a requirement of the franchise agreement. ACTION/COMMENTS: 10 SUBJECT: Park Standards/Park Maintenance Standards LOG NO.: 186 DATE: December 18, 2003 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Lavin 02/05/2004 DESCRIPTION: Bob Lavin to bring forward the park standards from Valley Wide and their Park Maintenance Standards for adoption by the City so we can take on their standards. ACTION/COMMENTS: SUBJECT: Water/Sewer Master Plan LOG NO.: 187 DATE: December 18, 2003 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Lavin 04/18/2004 DESCRIPTION: Staff to bring back in approximately 4-months a water master plan for Council's consideration. ACTION/COMMENTS: SUBJECT: Policies for Hwy. 79 intersections LOG NO.: 194 DATE: January 6, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Vice Mayor Buydos/ Tim Hults/Habib March 1, 2004 City Manager Cosentini Motlagh 02/05/2004 DESCRIPTION: After a discussion at the General Plan Sub -Committee meeting on January 5, 2004, with Vice Mayor Buydos, we came to the conclusion that it was in the City's best interest to identify the types of on ramps and interchanges that we are going to recommend to the agencies that are designing Hwy. 79. This will allow us to articulate standards, right-of-way, footage needs, and design that will affect development around these areas. We can accomplish this through a moratorium or establishing quickly the policies and procedures that will affect the interchanges and the on -ramps to Hwy 79. ACTION/COMMENTS: SUBJECT: Rancho San Jacinto Bond Improvements LOG NO.: 202 DATE: January 22, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Bob Lavin July 2004 DESCRIPTION: Staff to bring back the plans and specifications for bid advertisement for the approved improvements for Rancho San Jacinto. ACTION/COMMENTS: Schedule being developed. 12 SUBJECT: Sewer Negotiations with EMWD LOG NO.: 204 DATE: January 22, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council City Manager/ April 2004 DESCRIPTION: Staff to bring back through the Council Water Sub -Committee a review of the negotiations and what input and direction of negotiations shall take. Recommendation shall come back to the Council. ACTION/COMMENTS: SUBJECT: New Fire Station LOG NO.: 209 DATE: February 5, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Barron February 2005 DESCRIPTION: Council authorized staff to proceed with the purchase of the second site in the area of Sanderson and Cottonwood. Council also authorized staff to purchase all the sites, if and when those opportunities arise. ACTION/COMMENTS: 13 SUBJECT: Idy11wi1d Drive Right Turn Lanes LOG NO.: 210 DATE: February 5, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Motlagh DESCRIPTION: Council authorized staff to proceed with right -turn lanes only from Idyllwild Drive onto State Street going north and south direction. ACTION/COMMENTS: SUBJECT: P.A.L. Building LOG NO.: 219 DATE: February 19, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Hults August 2004 May 24, 2004 DESCRIPTION: Council authorized staff to put out a request for proposal for a stick and stucco structure in Sallee Park for the new P.A.L. building. ACTION/COMMENTS: Done — Council gave new direction to staff. 14 SUBJECT: Museum Building LOG NO.: 222 DATE: February 19, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Hults 05/06/2004 DESCRIPTION: Staff to bring back a report that identifies where the museum can be built; staff is to check with Office of Historic Preservation to find out if the Council's desired site, which is the Estudillo Mansion site can be used in light of the City's recent grant and its limitations for use of the grounds. Staff shall also have a back up position and shall consult with the Museum Association if the feds do not allow the City to go on the Estudillo Mansion Grounds; Association is also to provide a recommendation to Council for an alternative site for the new museum building. Another City owned property site, like a park site comes to mind as a logical alternative. Museum Association available funding is $100,000, which may be sufficient to build the building, provided the City finds a City owned parcel where this building can be built. ACTION/COMMENTS: SUBJECT: Skyview Park Drainage Project LOG NO.: 223 DATE: March 04, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Motlagh July 2004 DESCRIPTION: Staff to proceed with the $35,000 appropriation to install drainage improvements at Skyview Park that will take the street runoff (nuisance runoff) that is entering the park due to severing park during the park wall construction project. ACTION/COMMENTS: SUBJECT: Warwick Wall Project and Drainage LOG NO.: 225 DATE: March 04, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Motlagh May 2004 DESCRIPTION: Council through the Mid -Year budget adjustment process appropritated$10,000 for the Warwick Wall; City Engineer is to bring back a drainage plan for the wall for Council's review prior to moving forward with the project. ACTION/COMMENTS: SUBJECT: Development Agreement Fee Road Projects LOG NO.: 226 DATE: March 04, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Motlagh DESCRIPTION: Council approved the use of development agreement fee money for the following projects: 1) $200,000 addition to the Measure "A" funds to the Main Street Pavement Rehabilitation so that the Soboba Road section can be completed; 2) $150,000 to the Kirby Avenue Pavement Rehabilitation , which is anticipated to be completed Fall 2004; 3) $150,000 for Esplanade Avenue project, which will be done in conjunction with the Main Street project, which will be advertise in April 2004; and 4) $200,000 for De Anza Drive Improvements. ACTION/COMMENTS: 16 SUBJECT: County Tax Collector Public Sales Green Belts in Soboba and Peacock Well 28 Site LOG NO.: 227 DATE: March 04, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Manager Ballinger/Motlagh/ May 2004 Hults DESCRIPTION: There were four green belt areas in the Soboba Springs Village IV (Tract 21900), and one well site in Rancho San Jacinto that was not properly transferred (deeded) to the City. Consequently, County Tax Collector was to sell the property. Staff intervened in the process of acquiring all parcels back. ACTION/COMMENTS: Property off tax sale; tile needs to be cleared. SUBJECT: Exterior Painting of Community Center LOG NO.: 229 DATE: March 04, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REOUESTED BY ASSIGNED TO DATE DATE Manager/Mayor Lavin May 2005 June 11, 2004 DESCRIPTION: Staff to pursue the painting of the community center with redevelopment funds that can be transferred from the facade program. ACTION/COMMENTS: Completed. 17 SUBJECT: Riverside County Sheriff's Contract — Law Enforcement Services LOG NO.: 230 DATE: March 18, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Cosentini 05/20/2004 DESCRIPTION: Staff to bring back the transition plan for implementing the Riverside County Sheriff's Department as the Law Enforcement Agency providing Police Services to the community. This would include the meet and confer process with the labor unions to deal transition issues. ACTION/COMMENTS: SUBJECT: The Paul Garrett Deal LOG NO.: 232 DATE: April 1, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Cosentini/Hults April 2005 DESCRIPTION: Following the closed session, the City Council reported out into open session that they came into an agreement with Mr. Paul Garrett regarding his development agreement. Under the terms of this agreement, the City will collect $750,000 within ten days of Mr. Garrett receiving an executed copy of the contract and would pay another $750,000 after 500 units from his development had pulled building permits. This includes the 238 units that have been bought and are under construction by Western Pacific Housing. Staff is to track the units for Mr. Garrett's development so that when the 500 building permits have been pulled on his development, the City will bill him for another $750,000. ACTION/COMMENTS: 18 SUBJECT: Dan Horn — 61 Unit Apartment Complex (Low Mod Housing) LOG NO.: 234 DATE: April 1, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Ballinger/Hults August 2004 DESCRIPTION: Staff to bring back low income housing project for Council's consideration after staff deals with the various conditions made by Vice Mayor Buydos. ACTION/COMMENTS: SUBJECT: Lake Park Drive Well No. 4 LOG NO.: 235 DATE: April 1, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Motlagh August 2004 DESCRIPTION: Council awarded the Public Works Contract to Beylik Drilling, Inc. for the water well project. Habib will proceed to implement the project. ACTION/COMMENTS: 19 SUBJECT: $1.3 Million Paving Project LOG NO.: 236 DATE: April 1, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Motlagh September 2004 DESCRIPTION: Council approved the plan and specifications for the $1.2 Million Pavement Rehabilitation for Main Street, Esplanade Avenue, and Soboba Road. Habib to proceed as authorized. ACTION/COMMENTS: SUBJECT: Mining Ordinance LOG NO.: 237 DATE: April 1, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Hults July 2004 DESCRIPTION: Council requested that further information come back to Council prior to approving the proposed City's Mining Ordinance. The information coming back will include hours of operation, no blasting, additional provisions for dust and street cleaning, and ensuring that the reclamation projects are implemented, as well as associated mitigation and security for the reclamation operations. It was also requested that a fee or tax be established for this type of operation. One of the options coming back is to do nothing (status quo). ACTION/COMMENTS: 20 SUBJECT: Hemet -Ryan Air Show Contribution LOG NO.: 238 DATE: April 1, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Williams 06/05/2004 DESCRIPTION: Staff to contact Hemet -Ryan Air Show organizer by April 15, 2004, to see if the City can obtain a booth at this event in return for the City's $1,500 contribution; if so, we are to staff a booth with at least with the City's Economic Development Specialist and Information Planner. Event is taking place on June 5, 2004. Contribution is contingent on the City's ability to set up a booth at this event. ACTION/COMMENTS: SUBJECT: Temporary Use Permit for Used Lot Car Sales LOG NO.: 241 DATE: April 1, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Buydos/Conner Hults/Ballinger 06/03/2004 DESCRIPTION: Vice Mayor Buydos and Council Member Conner expressed concern about the temporary uses of car dealerships coming into town and setting up shop and parking lots over the weekend. They were sentiments on both sides of the issue. Staff to come back with the temporary use permit process or zoning ordinance so Council can have a discussion of the issue and provide staff direction for this type of uses. This should also include itinerary vendors like knife sharpeners and flower sales off the street. Staff to initiate some code enforcement after hours and/or weekends to deal with the itinerary vendors. ACTION/COMMENTS: 21 SUBJECT: Housing Rehab LOG NO.: 243 DATE: April 15, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Hults Jun3 2004 DESCRIPTION: Staff to publish full page ads in the local newspapers (Spanish/English), as well as radio advertisement on housing rehabilitation program for the community. ACTION/COMMENTS: SUBJECT: Complete Towing LOG NO.: 247 DATE: April 15, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Mayor Cosentini/Nichols August 2004 DESCRIPTION: Mark Henley of Complete Towing requested that his company be given the opportunity to be listed in the City's towing companies to provide services to the Police Department, provided he meets the City's requirements for this type of service. ACTION/COMMENTS: 22 SUBJECT: Zoning Code Text Amendment LOG NO.: 252 DATE: April 15, 2004 REQUESTED BY Vice Mayor Buydos ESTIMATED ACTUAL COMPLETION COMPLETION ASSIGNED TO DATE DATE John Brown July 2004 DESCRIPTION: John Brown to bring back a zoning ordinance amendment that will give Council the discretion to approve or disapprove tentative maps. ACTION/COMMENTS: SUBJECT: The Trails Specific Plan LOG NO.: 257 DATE: April 15, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Hults 2005 DESCRIPTION: Staff to bring back for Council's approval, if the unique lot in the subdivision does not conform to the zoning code. ACTION/COMMENTS: 23 SUBJECT: Advertisement in Bus Shelter LOG NO.: 258 DATE: April 15, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Council Member Shaw/ August 2004 Staff DESCRIPTION: Council Member Shaw and staff are to look at various options for the running of the bus shelter advertisement. ACTION/COMMENTS: SUBJECT: New Telephone System LOG NO.: 259 DATE: April 15, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Simon April 2005 DESCRIPTION: Staff to come back in one year to report the savings of a new system to the city. ACTION/COMMENTS: 24 SUBJECT: New Telephone System Protocol LOG NO.: 260 DATE: April 15, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Simon April 2005 DESCRIPTION: Staff is to ensure the new system have protocol that the callers have access to an operator, if they so wish to, at any time. ACTION/COMMENTS: SUBJECT: Commercial Property Development Joining the CFD LOG NO.: 261 DATE: April 15, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Hults October 2004 05'28'2004 DESCRIPTION: Staff to bring back our CFD ordinance that requires commercial property to be included in the CFD. Council wants to make it easier on commercial property to join the CFD as discussed by staff at the meeting. Commercial property is to be annexed to the CFD by final occupancy, not prior to building permit as it is required of residential projects. ACTION/COMMENTS: Completed. 25 SUBJECT: Downtown Parking LOG NO.: 262 DATE: April 15, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Staff July 2004 DESCRIPTION: Randy Williams to meet with Wayne Jewelers and the other downtown merchants to try to strike an understanding as to who will be utilizing the parking on Main Street and who shall park in the public parking lot south of Main Street between San Jacinto Avenue and Sheriff Avenue. ACTION/COMMENTS: SUBJECT: BIA Funding for Fire Service LOG NO.: 263 DATE: April 15, 2004 REQUESTED BY Vice Mayor Buydos ESTIMATED ACTUAL COMPLETION COMPLETION ASSIGNED TO DATE DATE Cosentini/Ibarra August 2004 DESCRIPTION: Staff to check to see if BIA will pay the City for providing fire services. Vice Mayor Buydos stated that BIA currently pays the state for fire service to the reservation. The thought here is to have BIA reimburse the City for the fire services we provide. ACTION/COMMENTS: 26 SUBJECT: 4-Year Work Plan Accomplishments LOG NO.: 265 DATE: May 5, 2004 REQUESTED BY Vice Mayor Buydos ESTIMATED ACTUAL COMPLETION COMPLETION ASSIGNED TO DATE DATE City Manager 05/30/2004 05 26 2004 DESCRIPTION: Vice Mayor Buydos requested information regarding the last 4-years of positive resolutions that have been adopted; the good works that have been done by the various City Departments and the Council regarding one-time expenditures of money, such as the electric cars, and the general plan update; and a variety of other issues that might have been accomplished in the last four years. ACTION/COMMENTS: Completed — report provided to Council through General Information. SUBJECT: Cope Proclamation LOG NO.: 266 DATE: May 5, 2004 REOUESTED BY Vice Mayor Buydos ESTIMATED ACTUAL COMPLETION COMPLETION ASSIGNED TO DATE DATE City Manager/ May 6, 2004 May 6, 2004 City Clerk DESCRIPTION: Vice Mayor requested a proclamation be prepared and presented to the Cope's at a future Council meeting recognizing the Cope's accomplishments recently celebrated in the Press Enterprise. ACTION/COMMENTS: 27 SUBJECT: Complete Towing Application for City's Tow List LOG NO.: 267 DATE: May 17, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Mayor City Manager/ July 2004 05/14/2004 Chief of Police DESCRIPTION: The Mayor referred to staff the request from Complete Towing to be included in the City's tow List. Staff is to make the interested contractor aware of the requirements and process to be included in the City's tow list. ACTION/COMMENTS: SUBJECT: Form for proper placement on Agenda LOG NO.: 270 DATE: May 6, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Manager City Clerk August 2004 DESCRIPTION: Staff has had some problems with placing some items on the Council agenda properly; staff now will create a form that will accompany staff reports, so the Department Heads can clearly communicate with the city Clerk where on the agenda each item shall be placed. ACTION/COMMENTS: 28 SUBJECT: P.A.L. Building LOG NO.: 271 DATE: May 6, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Hults ASAP DESCRIPTION: Council directed staff to do whatever was necessary to complete the P.A.L. building, and not to bring back to Council for any further approvals. Council gave authority to do whatever design and product necessary to make it work within the allocated budget. ACTION/COMMENTS: SUBJECT: Expansion of Virginia Lee — Modular Offices on Fifth Street LOG NO.: 272 DATE: May 6, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Hults/Lancaster July 2004 DESCRIPTION: Council approved $130,000 in general fund moneys and gave authority to place modular buildings behind Virginia Lee for staffing space needs. ACTION/COMMENTS: 29 SUBJECT: Soboba Band of Luiseno Indians Meeting Request LOG NO.: 273 DATE: May 6, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Mayor City Manager May 2004 May 24, 2004 DESCRIPTION: Council directed staff to put forward to the Tribe the proposed dates for a joint meeting, which are the next two regular Council meetings, starting at 7:00 p.m. This was in response to the Tribe's request to meet. ACTION/COMMENTS: Meeting confirmed for June 17, 2004. SUBJECT: Code Enforcement Presentation LOG NO.: 274 DATE: June 4, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Mayor Ayres Hults 7/15/2004 DESCRIPTION: Code Enforcement staff and Mr. Hults are to prepare a presentation to the Council in regards to the accomplishments of Code Enforcement in the last year, especially in light of our added personnel. ACTION/COMMENTS: 30 SUBJECT: Implement Trash Rate Increase LOG NO.: 275 DATE: June 4, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Simon 08/01/2004 DESCRIPTION: Finance staff to implement the 1.8°•0 tipping fee/gate fee increase by City Council. ACTION/COMMENTS: SUBJECT: San Jacinto River Levee Project Follow Up LOG NO.: 276 DATE: June 4, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Mayor Ayres Hults July 2004 DESCRIPTION: Staff to bring back for Council's formal approval a resolution that formally request filing for our levee project. Letters of support will accompany the resolution to Ken Calvert and Jerry Lewis' offices and other representatives who might have a hand in helping us. Letters of support shall come from farming interest, EMWD, RCFC, developers, Farm Bureau, Domenigoni, the Valley Group, the Action Group. ACTION/COMMENTS: 31 SUBJECT: Neighborhood Meeting with Caravana Mobilehome Park LOG NO.: 277 DATE: May 21, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Mayor Ayres City Manager 06/08/2004 06/08/2004 DESCRIPTION: Mayor Ayres requested a neighborhood meeting at Caravana Mobilehome Park to talk about current issues. Staff implemented the request. ACTION/COMMENTS: SUBJECT : Neighborhood Meeting with The Estates at Rancho San Jacinto LOG NO.: 278 DATE: May 21, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Mayor Ayres City Manager 06/07/2004 06/07/2004 DESCRIPTION: Mayor Ayres requested a neighborhood meeting at the Estates at Rancho San Jacinto to talk about current issues. Staff implemented the request. ACTION/COMMENTS: 32 SUBJECT: Billing and Reimbursement LOG NO.: 279 DATE: June 4, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE City Manager Mimi Rodriguez/ December 2004 Tim Hults/Habib Motlagh/ Grace Alvarez/Jeff Ballinger DESCRIPTION: City Manager has directed staff to work on the City's billing and reimbursement system so that charges to developers are properly implemented. ACTION/COMI'kMENTS: SUBJECT: Sale of City's Police Cars LOG NO.: 280 DATE: June 4, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Council Bernie Simon August 2004 DESCRIPTION: Staff to follow-up and bill the County for the sale of City's Police cars in the amount of $275,000. ACTION/COMMENTS: 33 SUBJECT: Space Meeting -Dart Horn's Notification LOG NO.: 281 DATE: June 4, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Mayor Ayres/Vice Mayor City Manager August 2004 Buydos DESCRIPTION: The President of the HOA of the Estates at Rancho San Jacinto is going to send to City Manager a sign up sheet from the Estates Neighborhood meeting and the Manager will make sure that all the people who gave their addresses will be mailed a notice when the Dan Horn's project comes back to Council for consideration. ACTION/COMMENTS: SUBJECT: Mello Roos Run Out -Sherrie Bullare LOG NO.: 282 DATE: June 4, 2004 REQUESTED BY Mayor AyresNice Mayor Buydos ESTIMATED ACTUAL COMPLETION COMPLETION ASSIGNED TO DATE DATE City Manager July 2004 DESCRIPTION: Staff to call Ms. Sherrie Bullare via telephone (909-240-0861) regarding her property at 1335 Camino Rosaleen and letting her know when the Mello Roos for the above -mentioned property comes to an end. ACTION/COMMENTS: 34 SUBJECT: Traffic Warrant Study Arroyo Viejo and Esplanade Avenue LOG NO.: 283 DATE: June 4, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Mayor AyresNice Mayor 1-labib Motlagh September 2004 Buydos DESCRIPTION: Staff to do a traffic survey to see if the warrants at the intersection of Arroyo Viejo and Esplanade warrant a traffic signal. The last warrant study had warrants at justifiable levels on Esplanade, however, the traffic on Arroyo Viejo did not meet the warrants necessary for a stop sign. Staff to re -do the warrants at the intersection, specifically the Arroyo Viejo section. ACTION/COMMENTS: SUBJECT: Traffic Warrant East/West on Esplanade LOG NO.: 284 DATE; June 4, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Mayor Ayres/Vice Mayor Habib Motlagh October 2004 Buydos DESCRIPTION: Staff to order a warrant study going east/west bound on Esplanade near San Jacinto Avenue intersection. ACTION/COMMENTS: 35 SUBJECT: Ground Breaking for Miscellaneous Pavement Rehabilitation LOG NO.: 285 DATE: June 4, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Mayor Ayres Grace Alvarez June 18, 2004 DESCRIPTION: Mayor requested that a groundbreaking ceremony be coordinated on June 18, 2004 on Soboba Road at Village IV of Soboba Springs. ACTION/COMMENTS: SUBJECT: Estudillo Mansion Historic Dedication Plaque (Jerry Lewis Event) LOG NO.: 286 DATE: June 4, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Mayor Ayres Peter Cosentini/ 07/31/2004 Randy Williams DESCRIPTION: Mayor Ayres requested that staff draft the proposed language for the plaque to be dedicated during the July 315t dedication ceremony for the Estudillo Mansion site being dedicated as a historic landmark. The plaque language needs to be consistent with whatever protocol is consistent with that type of plaque dedications. This dedication will be done during Congressman Jerry Lewis visit. ACTION/COMMENTS: 36 SUBJECT: Options on Governance for Groundwater Management Plan LOG NO.: 287 DATE: June 4, 2004 REQUESTED BY Vice Mayor Buydos ESTIMATED ACTUAL COMPLETION COMPLETION ASSIGNED TO DATE DATE Peter Cosentini/ Bob Hargreaves DESCRIPTION: Vice Mayor asked for a staff report at the Council Subcommittee level to discuss and review options on the governance structure for the groundwater management plan. Recommendations of the Subcommittee will be presented to the full Council. ACTION/COMMENTS: SUBJECT: Dedication of Estudillo Mansion Site as a Historic Site LOG NO.: 288 DATE: June 4, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Mayor Ayres Peter Cosentini/ Randy Williams DESCRIPTION: Mayor Ayres has asked that a special event be designated for Saturday, July 31, 2004 at 5:00 p.m., to dedicate the Estudillo Mansion Site as a historic Site. This event will be in conjunction with the event Congressman Jerry Lewis has been invited to attend and participate in the dedication. This will be a private dinner, by invitation only. It will be a barbeque with a casual setting. Nick Jones is going to be requested to do the barbeque. A plaque dedication will be done; staff to coordinate plaque wording with National Park Service standards (see follow up # 286). ACTION/COMMENTS: 37 SUBJECT: Deferred Development Agreements Subcommittee Direction LOG NO.: 289 DATE: June 4, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Mayor Ayres Peter Cosentini/ December 2004 Habib Motlagh/ Grace Alvarez DESCRIPTION: Staff went to the Council Pre -Development Subcommittee to get direction on the City's deferred development agreement policy. The existing agreements between the City and various property owners are very generic when it comes to implementing the public works improvements that the property owners have promised to perform for the City. There is no trigger when the improvements are to occur. Staff wanted to get direction as when this would be appropriate to perform. The Subcommittee gave the following direction: o Get more information in regards to which of these agreements were recorded o Dates of the agreements in the database o Identify the level of security that has been required o Clarify the current policy that is outlined in the City's Municipal Code, which requires a level of security of the actual cost of installing the improvements; Habib to write a memo on reasonable cost for basis of the deposit. City Manager is to send out this memo to all staff clarifying which shall be happening from right now going forward, consistent with the current ordinance Once the information is compiled, staff is to present this information to the Council Pre - Development Subcommittee for further review of the issue. ACTION/COMMENTS: SUBJECT: Reimbursement from BIA to City for Fire Services LOG NO.: 290 DATE: June 4, 2004 REQUESTED BY Vice Mayor Buydos ESTIMATED ACTUAL COMPLETION COMPLETION ASSIGNED TO DATE DATE Peter Cosentini August 2004 DESCRIPTION: Staff to check to see if the Bureau of Indian Affairs will pay the City for providing Fire Service. Vice Mayor Buydos stated that BIA currently pays the State of Califomia for fire service to the reservation. The though here is to have the BIA to reimburse the City for the fire service we provide. ACTION/COMMENTS: 38 SUBJECT: Notification of City Impact Fee Meeting LOG NO.: 291 DATE: June 15, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Mayor Ayres Peter Cosentini August 2004 DESCRIPTION: Mayor Ayres requested to be notified of the next impact fee meeting where the staff meets with the development community to discuss mitigation impact fees. Staff will notify the Mayor of the date so he may attend. ACTION/COMMENTS: SUBJECT: Certification of Horseshoe Property Use LOG NO.: 292 DATE: June 16, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Mayor AyresNice Mayor Peter Cosentini September 2004 Buydos DESCRIPTION: During a Neighborhood meeting at Soboba Springs Mobilehome Park, we advised the citizenry that the City will advise them of the Tribe's plans were once it was known. We will send a letter to the Mobilehome Park once we know the Tribe's direction. ACTION/COMMENTS: 39 SUBJECT: Traffic Controls coming off Soboba Bridge LOG NO.: 293 DATE: June 15, 2004 REQUESTED BY Mayor Ayres Vice Mayor Buydos ESTIMATED ACTUAL COMPLETION COMPLETION ASSIGNED TO DATE DATE Peter Cosentini/ September 2004 Bob Lavin DESCRIPTION: At the Soboba Springs Mobilehome Park Neighborhood meeting we heard from the park residents of the need for some type of speed control signage coming off the bridge going east. Staff will look into this issue. ACTION/COMMENTS: SUBJECT: Blue Fountain Mobile Home Park - Neighborhood Meeting LOG NO.: 294 DATE: June 17, 2004 ESTIMATED ACTUAL COMPLETION COMPLETION REQUESTED BY ASSIGNED TO DATE DATE Mayor Ayres Peter Cosentinii June 23, 2004 DESCRIPTION: Mayor Ayres requested staff to coordinate a neighborhood meeting with Blue Fountain Mobile Home Park Residents for June 23, 2004, at 9:00 a.m. The usual notices are being sent out to the residents and staff members have been invited to attend. ACTION/COMMENTS: 40 January 8, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Peter A. Consentini, City Manager SUBJECT: Input from Staff on Council Goals In my eight months with the City, I have had an opportunity to observe the operations to the point where I believe I have a fair view of the big picture. I would note that given our point in history that development related issues are probably the most time sensitive issues that need to be addressed by the City. Because of that, one of our most significant goals for the City of San Jacinto has already been accomplished. This is the CFD for the funding of police and fire personnel. Besides this important completed project, I believe the second most important time -sensitive development related project for the City to complete is the updating of the development impact fees. This project will capture the appropriate amount of money needed to update our infrastructure and public buildings to properly accommodate our build out. I am happy to report that this project in underway with the Council approving a contract for a consultant. In addition to this project, other time -sensitive development projects that we need to put in place as soon as possible are: general plan completion; development code and zoning revisions; master drainage plan. All these projects are time - sensitive in my mind, because the City has already annexed large amounts of property into the City limits, so these lands have a right to build now. These planning oriented projects are important goals because they will guide the development in a way the Council deems desirable for the community. The completion of the water and sewer master plans are also important projects. These documents will look at the long-term infrastructure needs of those systems and the replacement and maintenance of those city facilities. Another project of great importance is to bring the deficit positions of both water and sewer funds back to a balanced position. I believe these are critical issues related to both the water and sewer funds. Page 1 of 2 The current re -negotiations of the CR&R trash hauler contract should be on the Council's radar screen as a goal. This project gives the City an opportunity to upgrade its service delivery system and also an opportunity to evaluate the franchise fee. Another contract that should be in the Council's goals list is the Adelphia Franchise Contract. These negotiations can give the City an opportunity to enhance its position on cable related issues for the community. Given the importance that Council has placed on Lyon Avenue realignment and construction project, I believe this project should be in the Council's goals list. Also attached is a copy of the Council's most recent Council Follow Up Report. These are the projects Council currently has requested staff to pursue. Also attached is other input from staff for Council's Goals. eter A. Cosentini City Manager Page 2 of 2 DATE: TO: FROM: RE: Memorandum December 22, 2003 Peter Cosentini, City Manager Robert Lavin, Public Works Superintendent Information Requested On Department Goals As you have requested, please see the list below for FY 2003/2004 department goals from Public Works: o Drilling of new well at Lake Park Bridge o Replacement of water lines at 6th and Mistletoe o Water and Sewer master plans o Landscape renovations of Rancho San Jacinto o Maintenance reduction of LLPD #1 landscape and park sites o Establishing of landscape standard's o Uniform street name signs replacement program Please let me know if you have any questions or concerns. MEMORANDUM June 17, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Peter A. Cosentini, City Manager SUBJECT: Initial Goals List It was my perception that the Council was not done with the list of goals so I am coming back so Council can finish your listing. The attached listing is the initial listing of the Council's Goals articulated at the regular Council meeting of May 20, 2004. 1. Mayor Ayres — The completion of the San Jacinto River Levee project and acquiring sufficient funding 2. Vice Mayor Buydos — Complete the General Plan 3. Council Member Stubblefield —Widening of Ramona Expressway and maintenance 4. Council Member Shaw — 61 unit apartment of low moderate housing 5. Councilmember Conner — Completion of the restoration of the Estudillo Mansion, porch, balcony, and carriage house. Get the project done and open to the public 6. Vice Mayor Buydos — Develop a development impact fee to assist with the Estudillo Mansion 7. Mayor Ayres — Completion of Hwy 79 and other important regional roads in and out of the City. 8. Vice Mayor Buydos — Next operational fire station completed and staffed 9. Councilmember Stubblefield — Development of Downtown Plan for residential rehabilitation, development of guidelines and housing design standards 10. Councilmember Shaw — Estudillo Mansion site and Museum building and coordinating the two for a successful merge 11. Councilmember Conner — Infill housing — economically develop and build housing in the infill areas of the City 12. Mayor Ayres — Seventh Street RR crossing and Idyllwild Drive 13. Vice Mayor Ayres — Resolve the Trust Application issue surrounding the horseshoe property 14. Councilmember Stubblefield — Park Master Plan 50 acre regional park 15. Councilmember Shaw — PAL building; build as soon as possible 16. Councilmember Conner — Sphere of Influence Re-evaluation (Expressway to Bridge Street); farmers interested in annexation through the Alessandro area 17. Mayor Ayres — Wal-Mart. Open in 2005 18. Vice Mayor Buydos — Integrated economic development plan, demographic information to attract developers 19. Councilmember Stubblefield — Entryways to the City and City monuments 20. Councilmember Shaw — A program to advertise in bus shelters and buy more bus shelters 21. Councilmember Conner — RDA properties in the City. We are running out of time; we need a more aggressive approach in RDA 22. Mayor Ayres — June 1, 2004 Housing Rehabilitation Program — large and push forward 23. Vice Mayor Ayres — Water and Sewer, Groundwater Management Plan and successful completion, and operations in water and sewer master plan 24. Councilmember Stubblefield — New City Hall and funding 25. Councilmember Conner — New Civic Center and funding 26. Councilmember Shaw Uptown Civic Association Parking in Downtown AGENDA ITEMS1 July 01, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Bernie Simon — Finance Director SUBJECT: Approve Warrant Register for Warrants, Prepaid Checks, and Payroll Checks RECOMMENDATION: By motion, approve the warrant register for the warrants and prepaid items and payroll checks issued since the last Council meeting, for the period ending July 01, 2004 BACKGROUND: The following are the warrant and check numbers for this cycle: Warrant/Prepaid # s Cycle Dates Payroll Checks Cycle Date 67766-67968 July 01, 2004 16656-16666 July 01,2004 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. Page 1 of 1 City of San Jacinto Warrant Register Date:07/01/04 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 67766 6/10/04 Jam -it graphics ` REQUEST 6/8/04 Banners for parade 010-2510-425.40-04 1,077.50 1,077.50 67769 6/15/04 A-1 lock & key service 30016 Keys/locks changed 010-3100-431.21-16 4,025.38 4,025.38 67770 6/15/04 Calpers REQUEST 6/14/04 Pers ret cont 6/10/04 ty3 085-0000-202.21-28 8,119.39 8,119.39 67771 6/15/04 Hall, chris REQUEST 6/14/04 Subsistence 7 day nasro 010-3100-431.31-20 280.00 280.00 67772 6/15/04 Hartford life insurance companies REQUEST 6/14/04 Grp# 109947 def comp cont 085-0000-202.21-29 1,745.38 1,745.38 67773 6/15/04 Howard ballard REQUEST 6/14/04 Severance 6/15 to 6/28/04 010-3100-431.10-01 2,518.16 2,518.16 67774 6/15/04 lcma retirement trust REQUEST 6/14/04 Def comp contb 6/10/04 085-0000-202.21-29 715.38 715.38 67775 6/15/04 Lincoln life REQUEST 6/14/04 Def comp contb 6/10/04 085-0000-202.21-29 210.00 210.00 67776 6/15/04 Preston, tim REQUEST 6/14/04 Severance 6/15 to 6/28/04 010-3100-431.10-01 1,739.54 1,739.54 67777 6/15/04 Ritchie, robert REQUEST 6/14/04 Severance 6/15 to 6/28/04 010-3100-431.10-01 1,872.46 1,872.46 67778 6/15/04 Southern, ken REQUEST 6/14/04 Severance 6/15 to 6/28/04 010-3100-431.10-01 2,518.16 2,518.16 67779 6/15/04 Zamarripa, francisco REQUEST 6/14/04 REQUEST 6/14/04 Severance 6/15 to 6/28/04 Severance 6/01 to 6/14/04 010-3100-431.10-01 010-3100-431.10-01 1,656.92 1,656.92 3,313.84 67780 6/16/04 Bank of new york (byn) REQUEST 6/15/04 Remit ad 87 assessments 042-0000-101.11-80 44,000.00 44,000.00 67781 6/16/04 Pju telecomm 11512 11513 Telephones new system Telephones new system 010-2500-425.40-45 010-2500-425.40-45 2,641.34 7,275.26 9,916.60 67782 6/17/04 Mark peel construction, inc. 3787 3787 Services rendered Services rendered 010-4150-410.33-30 025-0000-201.20-95 50.00 9,180.00 9,230.00 67800 6/24/04 Cutting edge staffing 16523 16523 16523 16716 16716 16716 Temp employees Temp employees Temp employees Temp employees Temp employees Temp employees 010-3300-431.30-90 010-7100-410.10-04 010-3100-431.10-04 010-7100-410.10-04 010-3300-431.30-90 010-1110-411.10-04 5,889.89 548.28 542.64 426.44 4,993.32 210.80 12,611.37 67801 6/24/04 David taussig & associates, inc. 4050215 4050243 Professional servcies Professional services 010-1700-417.30-90 039-4155-410.40-01 3,965.13 1,289.42 5,254.55 67802 6/24/04 Kustom signals inc. 25592 Supplies 024-3100-431.40-45 8,094.70 8,094.70 67803 6/24/04 Lancaster contract survey compan 04-001 Professional services 022-4150-410.40-01 1,370.00 3,330.00 Page 1 City of San Jacinto Warrant Register Date:07/01 /04 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 67803... 6/24/04... Lancaster contract survey compan 03-073 04-015 04-052 Professional services Professional services Professional servcies 054-9000-450.40-01 010-6500-425.34-05 099-1700-417.34-05 575.00 835.00 550.00 3,330.00... 67804 6/24/04 Laserlock specialties, inc. 206 Supplies 024-3100-431.40-45 495.65 495.65 67805 6/24/04 Malcolm smith motorsports 99335333 5030279 Repairs Repairs 024-3100-432.33-50 024-3100-432.33-50 643.57 1,317.68 1,961.25 67806 6/24/04 Moblie modular mangement REQUEST 6/4/04 REQUEST 6/4/04 Final payment office bldg Office building(modular) 010-3300-431.40-01 010-3300-431.40-01 6,418.38 57,765.45 64,183.83 67807 6/24/04 Pju telecomm Q200304071720 Police station phones 064-3100-431.40-45 12,760.99 12,760.99 67808 6/24/04 Pvp communications, inc. 2604 Supplies 024-3100-431.40-45 3,287.42 3,287.42 67809 6/24/04 R.h.f. inc 42627 42628 Supplies Supplies 024-3100-432.33-50 024-3100-432.33-50 70.00 70.00 140.00 67810 6/24/04 Sbso evoc REQUEST 6/22/04 Training motorcycle renta 024-3100-431.31-20 600.00 600.00 67811 6/24/04 Staples credit plan 32780 Office supplies/equipment 064-3100-431.40-45 12,822.75 12,822.75 67812 6/24/04 State water resources board REQUEST 6/16/04 Annual notice of grd h20 050-9000-450.30-90 345.00 345.00 67813 6/24/04 Vest, kevin REQUEST 6/10/04 Reimbursement 010-3100-431.33-50 141.06 141.06 67814 6/24/04 Williams, randy REQUEST 5/19/04 REQUEST 5/19/04 Travel reimbrusement Travel reimbrusement 010-1700-417.31-20 010-1100-411.31-20 194.73 183.21 377.94 67817 7/1/04 A-1 lock & key service 30017 29985 29983 29959 29931 Supplies Supplies Supplies Supplies Supplies 010-3100-431.21-80 010-2500-425.33-30 010-3100-431.33-10 010-3100-431.21-90 010-7400-425.21-10 40.41 90.07 46.34 9.34 35.00 221.16 67818 7/1/04 Accela REQUEST 6/9/04 REQUEST 6/9/04 7 additional users Workflow 010-3300-431.40-45 010-3300-431.40-45 25,222.12 4,182.05 29,404.17 67819 7/1/04 Advanced telemetry systems 13074 Servcies rendered 055-4170-450.40-45 5,074.82 5,074.82 67820 7/1/04 Ahmad, zahur REQUEST 6/07/04 Reimb water dep# 30014008 050-0000-229.08-70 122.93 122.93 67821 7/1/04 All the kings flags discounts 6697 Supplies 010-2510-425.40-04 266.76 266.76 Page 2 City of San Jacinto Warrant Register Date:07/01 /04 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 67822 7/1/04 American forensic nurses 18203 Analysis 010-3100-431.34-05 96.00 96.00 67823 7/1/04 Anady's trophies 46528 Supplies 010-1110-411.21-10 9.16 9.16 67824 7/1/04 Andre landscaping service, inc. 19332 19335 19336 19311 Maint june 2004 Maint june 2004 Maint June 2004 Maint June 2004 301-8833-500.34-05 010-6500-425.34-05 010-7100-410.34-05 010-7100-410.34-05 2,300.00 500.00 480.00 25,971.32 29,251.32 67825 7/1/04 Archive management service 68193 Storage fees 010-1110-411.21-10 50.00 50.00 67826 7/1/04 Arizona pipe line REQUEST 6/07/04 Reimb water dep# 17028 050-0000-229.08-70 374.39 374.39 67827 7/1/04 Arrow printing 3759 3775 3775 3775 3775 3772 Supplies Office supplies Office supplies Office supplies Office supplies Office supplies 050-9000-450.21-10 010-1700-417.21-10 010-4100-410.21-10 010-1100-411.21-10 010-1110-411.21-10 010-1400-414.21-10 1,804.81 123.52 123.52 360.00 123.51 641.11 3,176.47 67828 7/1/04 Auto glass pros 6761 Supplies 010-4150-410.33-50 190.00 190.00 67829 7/1/04 Aviles, elias REQUEST 6/07/04 Reimb water dep# 10008109 050-0000-229.08-70 12.09 12.09 67830 7/1/04 Bell, shannon REQUEST 6/10/04 Reimb water dep# 40002404 050-0000-229.08-70 20.02 20.02 67831 7/1/04 Best best & krieger Ilp 06/06/2004 06/06/2004 06/06/2004 06/06/2004 06/06/2004 06/06/2004 06/06/2004 06/06/2004 06/06/2004 06/06/2004 06/06/2004 06/06/2004 Professional servcies Professional servcies Professional servcies Professional servcies Professional servcies Professional servcies Professional servcies Professional servcies Professional servcies Professional servcies Professional servcies Professional servcies 096-1111-411.30-90 050-1111-411.30-90 010-1111-411.30-90 065-0000-201.08-10 065-0000-201.08-60 026-7190-500.30-91 026-7190-500.30-91 026-7190-500.30-91 026-7190-500.30-91 033-8850-500.30-91 033-8850-500.30-91 033-8850-500.30-91 25,749.44 7,874.75 42,659.37 1,449.31 135.00 109.82 99.32 84.91 24.91 1,891.04 33.29 150.00 80,417.16 Page 3 City of San Jacinto Warrant Register Date:07/01/04 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 67831... 7/1/04... Best best & krieger Ilp... 06/06/2004 Professional servcies 102-1400-500.30-90 156.00 80,417.16... 67832 7/1/04 Blue ribbon plumbing 6/15/04 Servcies rendered 010-3100-431.33-10 198.81 198.81 67833 7/1/04 C r & r incorporated 5385 Sweeper waste 056-4150-410.35-18 1,004.53 1,004.53 67834 7/1/04 C r & r incorporated REQUEST 6/16/04 Proceeds may 2004 059-8052-450.34-05 86,472.15 86,472.15 67835 7/1/04 California contractors supplies, 18727 18727 Supplies Supplies 050-9000-450.21-35 055-4170-450.21-35 111.22 111.22 222.44 67836 7/1/04 California overnight 4344091 Postage 010-1110-411.21-10 14.46 14.46 67837 7/1/04 Car wash depot MAY 2004 MAY 2004 MAY 2004 May 2004 May 2004 May 2004 010-3320-431.33-50 010-1200-412.33-50 010-3100-431.33-50 8.90 4.95 18.80 32.65 67838 7/1/04 Ced consolidated electrical 2983-428482 2983-428415 2983-428481 2983-428613 2983-427945 2983-426697 Supplies Supplies Supplies Supplies Supplies Supplies 025-7260-410.21-30 025-7260-410.21-30 025-7260-410.21-30 025-7260-410.21-30 010-7100-410.33-30 010-7100-410.33-30 78.10 36.89 453.97 25.87 35.89 97.02 727.74 67839 7/1/04 Chevron 6/4/04 STMT Gasoline 010-3100-431.21-70 7.86 7.86 67840 7/1/04 Clarke, cynthia REQUEST 6/9/04 Mileage reimbursement 010-3300-431.31-20 67.50 67.50 67841 7/1/04 Comserco 01/MA50212147 Maint billing 6-1 to 6/30 010-3100-431.34-05 542.75 542.75 67842 7/1/04 Comtronix of hemet 41542 41542 Auto repair Supplies 010-1200-412.33-50 010-3100-431.33-50 160.00 160.00 320.00 67843 7/1/04 Costco - temecula 6/25/04 Supplies 010-2500-425.21-10 138.92 138.92 67844 7/1/04 Courtney, debbie REQUEST 6/07/04 Reimb water dep# 40029048 050-0000-229.08-70 149.24 149.24 67845 7/1/04 D.m.c. tree care 6/6/04 6/6/04 Servcies rendered Servcies rendered 032-7150-410.40-01 032-7150-410.40-01 5,625.00 1,125.00 6,750.00 67846 7/1/04 Dan marana construction REQUEST 6/10/04 Reimb water dep# 28035 050-0000-229.08-70 107.87 107.87 67847 7/1/04 Daniel m. blumberg, ph.d. 5/13/04 Evaluations 010-3100-431.21-90 1,500.00 1,500.00 67848 7/1/04 Darmar awards 4140 Supplies 010-3100-431.21-90 34.48 34.48 Page 4 City of San Jacinto Warrant Register Date:07/01/04 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 67849 7/1/04 David taussig & associates, inc. 4040351 Professional services 039-4155-410.40-01 4,018.31 4,018.31 67850 7/1/04 Db backflow service 60604A Services rendred 010-7100-410.33-30 30.00 30.00 67851 7/1/04 Delagado razo, carmen REQUEST 6/10/04 Reimb water dep# 40026114 050-0000-229.08-70 25.58 25.58 67852 7/1/04 Dewey pest control 1857667 1857665 Pest control Pest control 010-2500-425.34-05 010-2500-425.34-05 40.00 30.00 70.00 67853 7/1/04 Dominquez,laura REQUEST 6/07/04 Reimb water dep# 10031037 050-0000-229.08-70 39.65 39.65 67854 7/1/04 E.s. babcock & sons, inc. AE41618-278 AE42049-278 AF41074-0278 AF41072-0278 AF40959-0278 AF40399-0278 AF40163-0278 AF40595-0278 AF40551-0278 AF40363-0278 Analysis Analysis Analysis Analysis Analysis Analysis Supplies Analysis Analysis Analysis 050-9000-450.30-90 050-9000-450.30-90 050-9000-450.30-90 050-9000-450.30-90 050-9000-450.30-90 050-9000-450.30-90 050-9000-450.30-90 050-9000-450.30-90 050-9000-450.30-90 050-9000-450.30-90 30.00 90.00 12.00 48.00 20.00 20.00 48.00 160.00 48.00 2,445.00 2,921.00 67855 7/1/04 Eastern municipal water district 6/8/04 15886502 6/8/04 4379602 6/8/04 9539902 Utilities Utilities Utilities 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 35.78 55.86 32.28 123.92 67856 7/1/04 El informador del valle 11-03-796 Advertisment 099-1700-417.36-25 1,107.00 1,107.00 67857 7/1/04 Esgil corporation SJT 05-04-3180 SJT 04-04-3115 Services rendered Services rendered 010-3300-431.30-90 010-3300-431.30-90 2,677.34 30,627.51 33,304.85 67858 7/1/04 Excel steam 2219 Janitorial maint may 2004 010-3100-431.33-10 625.00 625.00 67859 7/1/04 Family sport & fitness 131 131 131 131 131 131 May 2004 May 2004 May 2004 May 2004 May 2004 May 2004 010-1100-411.11-10 010-1200-412.11-10 010-1400-414.11-10 010-1700-417.11-10 010-3300-431.11-10 010-4150-410.11-10 20.00 20.00 60.00 30.00 30.00 150.00 810.00 Page 5 City of San Jacinto Warrant Register Date:07/01 /04 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 67859... 7/1/04... Family sport & fitness... 131 131 131 131 131 131 131 131 May 2004 May 2004 May 2004 May 2004 May 2004 May 2004 May 2004 May 2004 010-4200-410.11-10 010-7100-410.11-10 010-7400-425.11-10 050-9000-450.10-01 085-0000-202.21-76 096-1700-417.11-10 010-3100-431.11-10 099-1700-417.11-10 10.00 10.00 10.00 10.00 40.00 20.00 390.00 10.00 810.00... 67861 7/1/04 Federal express 1-827-82982 1-827-23934 1-827-23934 Postage Postage Postage 102-1400-500.21-10 010-1111-411.30-90 010-3100-431.21-10 11.88 11.88 15.50 39.26 67862 7/1/04 Flair, harry a. REQUEST 6/10/04 Reimb water dep# 60003096 050-0000-229.08-70 106.68 106.68 67863 7/1/04 Fleet services APRIL 2004 APRIL 2004 APRIL 2004 APRIL 2004 APRIL 2004 APRIL 2004 APRIL 2004 APRIL 2004 APRIL 2004 APRIL 2004 April 2004 April 2004 April 2004 April 2004 April 2004 April 2004 April 2004 April 2004 April 2004 April 2004 010-1200-412.33-50 010-1400-414.21-10 010-3100-431.21-70 010-1700-417.21-70 010-3300-431.21-70 021-4150-410.21-70 010-4200-410.21-70 010-7100-410.21-70 050-9000-450.21-70 010-3320-431.21-70 47.33 63.69 2,762.42 70.72 67.32 342.73 200.98 433.73 1,130.81 116.11 5,235.84 67864 7/1/04 Foster, cindy REQUEST 6/10/04 Reimb water dep# 90025080 050-0000-229.08-70 43.83 43.83 67865 7/1/04 Gaudet design group 831 Servcies rendered 080-9100-450.40-01 15,068.00 15,068.00 67866 7/1/04 Genesis construction REQUEST 6/7/04 REQUEST 6/7/04 REQUEST 6/7/04 REQUEST 6/7/04 Progress payment #19 Progress payment #19 Progress payment # 2 Progress payment # 2 054-9000-450.40-01 054-0000-210.20-25 052-9000-450.40-01 052-0000-210.20-25 56,560.00 -2,828.00 223,070.00 -22,307.00 254,495.00 67867 7/1/04 Gosch ford FOCS299947 Auto repair 010-1200-412.33-50 184.37 184.37 Page 6 City of San Jacinto Warrant Register Date:07/01/04 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 67868 7/1/04 Government finance officers asso 0039871 Membership dues 010-1400-414.30-16 200.00 200.00 67869 7/1/04 Granger's plumbing 5/29/04 777 Services rendered Services rendered 010-7400-425.33-10 010-7400-425.33-10 56.62 775.35 831.97 67870 7/1/04 Hemet building & garden center 2621 2620 Supplies Supplies 050-9000-450.33-30 050-9000-450.33-30 15.09 15.09 30.18 67871 7/1/04 Hemet industrial supply 24154 24151 24151 23599 Supplies Supplies Supplies Supplies 010-4150-410.33-50 050-9000-450.33-30 055-4170-450.33-30 055-4170-450.33-30 11.28 71.05 71.05 19.23 172.61 67872 7/1/04 Hemet valley pipe & supply 83925 83930 83940 83961 Supplies Supplies Supplies Supplies 055-4170-450.33-30 055-4170-450.33-30 055-4170-450.33-30 010-7100-410.33-10 1.15 142.67 14.18 99.05 257.05 67873 7/1/04 Hi -way safety 38607 Supplies 022-4150-410.40-01 476.79 476.79 67874 7/1/04 Home depot credit services 6154720 Supplies 010-7100-410.21-80 110.61 110.61 67875 7/1/04 I.b. reprographics 44499 44525 45661 Supplies Office supplies Office supplies 022-4150-410.40-01 010-4100-410.21-10 010-4200-410.21-10 147.06 26.02 49.56 222.64 67876 7/1/04 Imsoftech 13102 Servcies rendered 050-1400-414.40-45 4,465.00 4,465.00 67877 7/1/04 Inland foundation eng. inc. 7136 Professional services 022-4150-410.40-01 450.00 450.00 67878 7/1/04 Inland water works supply co. 139566 139279 Supplies Supplies 050-9000-450.33-30 050-9000-450.33-30 366.35 59.80 426.15 67879 7/1/04 Internal revenue service 04-052 03-173 04-015 04-052 Case# 507540302 withold Case# 507540302 withold Case# 507540302 withold Case# 507540302 withold 065-0000-201.07-94 065-0000-201.07-94 065-0000-201.07-94 065-0000-201.07-94 342.50 143.75 208.75 137.50 832.50 67880 7/1/04 J & j automotive 18987 Auto repair 010-4150-410.33-50 479.19 479.19 67881 7/1/04 J & m air conditioning 79299 79332 Services rendered Servcies rendered 010-7400-425.34-05 010-3100-431.33-10 138.00 66.00 1,404.00 Page 7 City of San Jacinto Warrant Register Date:07/01/04 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 67881... 7/1/04... J & m air conditioning... 79341 Servcies rendered 010-3100-431.40-45 1,200.00 1,404.00... 67882 7/1/04 J & r concrete prod. inc. 20129 Supplies 050-9000-450.33-30 450.40 450.40 67883 7/1/04 Johnson machinery SW030049673 SW030049672 Supplies Supplies 050-9000-450.33-30 050-9000-450.33-30 381.04 532.54 913.58 67884 7/1/04 Johnson, dart REQUEST 6/07/04 Reimb water dep# 50002106 050-0000-229.08-70 22.24 22.24 67885 7/1/04 Jones, tarry REQUEST 6/07/04 Reimb water dep# 10003045 050-0000-229.08-70 156.56 156.56 67886 7/1/04 Joni b. goodman 03-9 Consultant fee march/apr 010-2500-425.30-90 1,600.00 1,600.00 67887 7/1/04 Kammeyer & associates inc. 6295G 6295G 6294T Professional servcies Professional servcies Landscape services 065-0000-201.06-20 028-7100-410.40-01 010-3300-431.30-90 977.50 170.00 170.00 1,317.50 67888 7/1/04 La chemcial 285596 285704 287229 Supplies Supplies Supplies 050-9000-450.33-30 050-9000-450.33-30 050-9000-450.33-30 1,494.71 1,331.15 906.18 3,732.04 67889 7/1/04 Lancaster inspection services 04-12 June 07,to June 18, 04 010-3300-431.10-04 2,850.00 2,850.00 67890 7/1/04 Main street realty REQUEST 6/10/04 REQUEST 6/10/04 Reimb water dep# 50021056 Reimb water dep# 10003080 050-0000-229.08-70 050-0000-229.08-70 99.68 98.30 197.98 67891 7/1/04 Matich corporation 50402 Services rendered 010-4149-410.40-01 22,500.00 22,500.00 67892 7/1/04 Mb painting MAY 31, 2004 Servcies rendered 010-7400-425.33-10 1,900.00 1,900.00 67893 7/1/04 Mc call's meter sales & service 9560 Supplies 050-9000-450.40-01 3,626.87 3,626.87 67894 7/1/04 Mejia, armando REQUEST 6/10/04 Reimb water dep# 60019038 050-0000-229.08-70 146.18 146.18 67895 7/1/04 Merrill, roark REQUEST 6/10/04 Reimb water dep# 10001023 050-0000-229.08-70 138.69 138.69 67896 7/1/04 Metaffef, andriana n. REQUEST 6/07/04 Reimb water dep# 60024013 050-0000-229.08-70 46.57 46.57 67897 7/1/04 Mickey ibarra & associates, inc. 221 Consultant fee april 04 010-2500-425.30-90 2,500.00 2,500.00 67898 7/1/04 Mike mccomas auto body repair 5/25/04 Auto repair 010-4150-410.33-50 1,891.96 1,891.96 67899 7/1/04 Miller pump service, inc. 2075 Supplies 050-9000-450.33-30 200.00 200.00 67900 7/1/04 Millholland, edith REQUEST 6/7/04 Reimbure dep # 50024078 050-0000-229.08-70 133.69 133.69 67901 7/1/04 Mission uniform services, inc. 17901997 17900035 Supplies Supplies 010-4150-410.21-35 010-7400-425.33-10 49.09 29.13 346.92 Page 8