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HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 6/17/2004 (2)Steven rasarow- tKN/Mr.1K, inc. (macKey rarcei) rage i From: Steven Pasarow To: Ballinger, Jeffery; Hults, Tim; Williams, Randy Subject: ERN/MPJR, Inc. (Mackey Parcel) Jeff, As I understood the Agency's intentions for the Mackay Parcel, they requested that the following points be transmitted to Mackay by the Agency in order to continue with the negotiation process on these parcels. 1) The ERN to be executed by buyer within (insert # days) "to start the clock ticking", (no more free time, buyer either wants to do the deal or not since the Agency has other offers coming in). Deposit for the first six months of the ERN shall be due and payable with the executed agreement. (title issues on the parcels to be cleared during escrow not during the ERN period; deposit to be non-refundable, unless clear title cannot be conveyed to buyer by Agency, the unused portion of deposit shall be returned to buyer). 2) Buyer shall demonstrate to Agency during the first six month period of the ERN that a concerted effort is being made to acquire additional parcels necessary to complete an integrated development. Buyer's performance measures should include , IE, letter of interest, and purchase offer to be sent to owners of non -agency owned parcels, appraisals of these properties made at buyer's cost, if possible escrows should be opened by buyer for the acquisition of non -Agency owned parcels. Performance measures may include marketing of parcels to "end users" however, the Agency is interested in Mackay taking down the parcels whether or not they have an end user on line. 3) Purchase price of Agency parcels to be determined at the initiation of the DDA process based upon a new Agency appraisal of the parcels. 4) Buyer shall prepare a preliminary site plan (master plan) showing an integrated site development including the Agency and non -Agency owned parcels. All other aspects of the ERN shall remain unchanged. If there are other points that I missed, please let me know but this is what I picked up at the meeting. Steven. Overview of Purchase :fers for NE Corner Commo. ealth & San Jacinto Ave Site Information: Location: NEC Commonwealth and San Jacinto, APN 439-110-055 Approximately 1.98 acres net, 2.27 Gross Existing Conditions: Vacant Land, C-2 Zoning, Community Commercial General Plan Designation Appraised Value: $260,000 as of July, 2001, $280,000, Fall of 2002 Previous Offers: $ 75,000 from Denny's, $130,000 from Gary Spates and Paula Lawrence, $260,000 from Baker's Current Accepted Offer: $300,000 with Jacobs Development Current Altemative Offers: $525,000 for the NE comer exclusively, $627,300 for NE Comer and nearby agency property. Both offers from PSI —Pacific Southwest Investments Background: Over the past two years several offers from private parties to acquire the northeast corner of San Jacinto Ave and Commonwealth have been tendered to the agency. An exclusive right to negotiate offer from Jacobs Development, a principal party to the Walmart project across the street, was agreed to in principle. The offer was considered more favorable, by the Agency Board, than other pending offers because the principals expressed interest in pursuing adjoining sites and developing a larger and more cohesive development with Walmart. After several months of addressing title issues and formalizing a contract, the exclusive right to negotiate was submitted to the Agency for approval in May. No apparent progress had been made by Jacobs Development in acquiring the adjoining parcels during this time and substantial higher offers had been received. The Agency decided to postpone final approval of the ERN and research what progress has been made by Jacobs Development in acquiring the adjoining parcels and investigate the legitimacy of the recent offer by PSI. Staff inquired with Dennis Mackey, Senior Vice President of Jacobs Development, what progress had been made with the adjoining parcels and their response was: • They wanted to secure the ERN and their rights to the NE Corner of San Jacinto & Commonwealth before investing time and money on acquiring adjoining parcels. • They have been working with prospective end users regarding the potential sites and wanted to secure their interest before acquiring the property. • They have a long standing relationship with the property owners of a 3 acre site fronting Commonwealth, not far from the NE corner, and anticipate an amicable acquisition upon finding an end user. • They have recently hired Grubb & Ellis to start marketing the site Staff requested a history of developments and background of principals from PSI. PSI sent a letter with a list of past and current projects, but no background of the principals. They also raised their offer on the NE corner from the mid $400,000 to $525,000 and a separate offer to acquire adjoining Agency properties for an additional $102,300 or $627,300. Attachments: Marketing Flyer by Grubb & Ellis for Jacobs Development. Offers and Company Background Information from PSI San Jacinto, California For more information, contact Sandie Smith Senior Assodate 909.418.2033 sandie.smith@cbre.com Angie Nett Senior Marketing Specialist 909.418.2058 angie.nett@cbre.com CB Richard Ellis, Inc 4141 Inland Empire Blvd., Suite 100 Ontario, CA 91764 main: 909.418.2000 fax: 909.418.2100 SEC & NEC OF SAN JACINTO STR SAN JACINTO, CALIFORNIA PREMISES: Free -Standing Pads Shops ±1,000 - ±6,200 SF AVAILABILITY: Pads-3rd Qtr 2005 Shops-4th Qtr 2005 www.cbre.com DEMOGRAPHICS 2003 Est. Population 3 miles: 86,691 5 miles: 121,065 2003 Est. Avg. Family Household Income 3 miles: $46,604 5 miles: $50,150 CBRE CB RICHARD ELLIS,, 20cd Ykim l EIK; ix. the la/ameba e'we has ben declined horn trues believed rahohla. Adeperdetly(iim its weary erd rorryNeres. AM.ojd10 oYabm. asverploro et esliimles Lead and adw farm «Ith oinJ1 be evaluahnl by ywn Ere Ilmndd and legal oderam. You and you avian PSI May 15, 2004 Mr. Tim Hults Mr. Randy Williams Community Development Department City of San Jacinto 201 E. Main Street San Jacinto, California 92583 RE: NEC San Jacinto Street and Commonwealth Avenue, San Jacinto, California Letter of Intent to Purchase dated May 15, 2004 by Joe Konars and Steve Satkowiak Gentlemen, Per our recent telephone discussion, I am sending this revised Letter of Intent to register our interest in purchasing the above referenced property currently owned by the Redevelopment Agency of the City. We have developed, sold and leased retail commercial properties in Southern California since the mid 70's. We acquire only a few properties each year at the direction of those tenants we are working with. This allows us to conduct our business in a preferred style . A recent development in the adjacent City of Hemet included Pep Boys Automotive Service Center and Burger King Restaurant. A copy of the flyer prepared in marketing the site is attached. We have long standing relationships with several major retail tenants as well, including Goodyear Tire and Rubber Company, 7-11 Food Stores, EZ Lube, to name a few. In response to your request for a history of developments, I am enclosing three pages with an asterisk (*) denoting those projects currently under construction with a rendering of an EZ Lube project in San Marino, California. The services of Laurich Properties, whose principal offices are located in Las Vegas, Nevada and Rancho Mirage, California have been utilized on occasion. You may wish to visit their web site at www.laurichproperties.com I trust the attached documentation will meet with our acceptance and approval. We look forward to working with you on this project.. Sincerel CITY OF SANS JACINTO t1AY 1 8 2004 DEPARTMENT OF COMMUNITY DEVELOPMENT PACIFIC SOUTHWESTERN INVESTMENTS 629 Edith Way Long Beach, CA 90807 (562) 981-0957 fax (562) 981-0487 joekonars@charter. net JOE B. KONARS Completed Projects and under construction* 1987 through April 2004 1. Mobil Oil Service Station 16925 Foothill Boulevard, Fontana 2. Exxon Oil Company — Service Station 8900 Beverly Boulevard, Whittier 3. Midas Muffler 215 N. Azusa Avenue, W Covina 4. 7-11 Market West Ramsey Street, Banning 5. 7-11 Market 1594 W. 7th Street, Upland 6. 7-11 Market 17710 Foothill Blvd. Fontana 7. 7-11 Market-PWS Laundry -Pioneer Take Out, Chevron Service Station 855 West Alosta Avenue, Glendora 8. Bob's Big Boy Restaurant -Exxon Oil Company Service Station -El Polio Loco — Office Building Oxnard / Saviers Road, Oxnard 9. Goodyear Tire and Rubber Service Center 801 Lincoln, Venice 10. Carl's Jr. — Goodyear Service Center 1415 Diamond Bar Boulevard, Diamond Bar 11. International House of Pies 1200 Baldwin Avenue, Arcadia 12. International House of Pies 10580 Lakewood Blvd. Downey 13. Goodyear Tire Center 9100 Firestone Blvd. Downey 14. Taco Bell — Winston Tire 13000 Telegraph Road, Santa Fe Springs 15. LaViccio's Market 200 E. La Veta, Orange 16. 7-11 / Chief Auto Parts 4417 E. Rosecrans Avenue, Compton 17. 7-11 Food Store — Chief Auto Parts 5621-23 Mission Boulevard, Ruhidoux 18. Pep Boys — Burger King 2050 W. Florida Avenue, Hemet 19. El Pollo Loco -Burger King 14325-14329 Lakewood Boulevard, Downey 20. Pep Boys 9350 Whittier Boulevard, Pico Rivera 21. Pep Boys 4645 Pacific Coast Highway, Long Beach 22. * Farmer Boys Restaurant 81951 Highway #111, Indio 23. Wendy's Hamburgers 187 Mountain Avenue, Upland 24. Pep Boys 6800 Warner Avenue, Huntington Beach 25. Pep Boys 4046 Grand Avenue, Chino 26. Van's Athletic Shoes Moreno Valley 27. Van's Shoes — Taco Bell 11620 Imperial Highway, Norwalk 28. Pep Boys 1240 N. Azusa Avenue,. Covina 29. Carl's Jr. Restaurant Palmdale 30. Conroys Flower Shops 12565 Lakewood Boulevard, Downey 31. Econo-Lube N Tune- Conroys 14229 Imperial Highway, La Mirada 32. Pay Less Shoe Source 10801 Hawthorne Boulevard, Lennox 33. 7-11— Beauty Supply — Food 913 S. Prairie Avenue, Inglewood 34. 7-11 Food Store 1100 S. La Brea Avenue, Inglewood 35. 6 Unit Apartment Complex 3722 Howard Street, Los Alamitos 36. Residence 18802 Mauna Loa, Azusa 37. Single Family Residence 110 Country Club Road, Glendora 38. Single Family Residence 30 Corinthian Walk, Long Beach 39. Single Family Residence 2721 Hidden Hills Way, Corona 40. Winchell Donut House Balboa Boulevard at A Street, Newport Beach 41. EZ Lube 8122 Masi Drive, Rancho Cucamonga 42. EZ Lube 305 N. Citrus Street, Covina 43. Auto Zone 211 N. Katella Avenue, Orange 44. EZ Lube 18544 Ventura Boulevard, Tarzana 45. EZ Lube 4359 Sunset Boulevard, Los Angeles 46. *EZ Lube 2995 Huntington Drive, San Marino 47. *EZ Lube 3232 E. Chapman Avenue, Orange '-a`-ei,e 11"X„,04!J t' , y/.04 a ii-''-' ' .,;•..? ' -..":",,, e',;; „A°4-`, ..,.. ' , .4../..' -7,..r r,_ ;:. . . fl 971"-* EZiLUBE ee,,C RPM'S Alegre MacKenzie LLU iPCFTTf L AWNING t A ,,L.LPA LIN:ILA:1.1LO ",M9.2 LETTER OF INTENT THIS LETTER OF INTENT TO PUCHASE REAL PROPERTY is made and entered into this 15th day of May 2004 and constitutes an agreement by which Joe Konars and Steve Satkowiak, (Buyers) and the Re -Development Agency and City Council of the City of San Jacinto (Sellers) agree to buy and sell the subject real property on the terms and conditions essentially as set forth herein. The property consists of approximately 86,248 square feet of net building area and is described as the North East Corner of San Jacinto Street and Commonwealth Avenue, in the City of San Jacinto, Riverside County, Califomia. The property is also referenced as Riverside County Assessor's number #439- 110-093, together with all rights, easements, licenses, permits, benefits, improvements, betterments, accretions and interests appurtenant thereto (collectively the Property) upon which to develop, maintain and operate a 3,500 square foot Restaurant with Drive Thru provision and patio dining area and approximately 15,000 square feet of commercial office, retail and accessory uses including parking, landscape and signage as approved by the parties and the city of San Jacinto's planning and budding department. 1. PURCHASE PRICE: Five hundred twenty-five thousand and no/100 Dollars ($525,000.00) DEPOSIT: Ten Thousand and no/100 Dollars ($10,000.00) into interest bearing account with escrow holder. This deposit shall remain refundable to buyer until the expiration of the contingency period. CLOSING FUNDS: At close of escrow buyer shall deposit in cash or certified funds the balance of the purchase price plus buyers estimated closing costs, pro -rations and charges. 2. ESCROW: The parties shall enter into an escrow with First American Title Insurance Company. 3. CLOSE OF ESCROW: The date a Grant Deed is recorded in the name of the Buyer. Close shall occur on or before 8-31-2004. 4. CONDITION OF TITLE: As approved in writing by Buyer within ten (10) days of its receipt of a preliminary title report, including legible copies of all covenants, conditions, restrictions, easements and rights of way of record. 5. TITLE POLICY: Title shall be evidenced by the willingness of the title company to issue its ALTA Extended coverage form policy of Title Insurance in the amount of the purchase price showing title vested in Buyer, subject to the approved condition of title. 6. CONTINGENCIES TO CLOSE OF ESCROW: (a) Buyers approval of the legal description of the premises and matters disclosed by all title documents delivered to buyer at sellers expense, including a preliminary title commitment to issue its ALTA form policy dated after the date of this agreement. (b) Buyers approval of An ALTA survey of the property. (c) Buyers approval of a color coded map Page 2 May 15, 2004 Tim Hults Randy Williams plotting all easements disclosed by the title commitment and or survey. (d) Buyers approval of Restrictions imposed by the Agency, if any, not yet recorded.. (e) Inspections and Studies. On or before the expiration of the contingency period buyer shall have approved the results of any and all inspections, investigations, tests, and studies, including without limitation, investigations with regard to zoning, building codes and other governmental regulations, architectural inspections and approvals, engineering tests, economic feasibility studies and soils, seismic and geologic reports) with respect to the property as buyer may elect to make or obtain. The costs of all inspections and tests shall be borne by buyer. Buyer shall have the right to enter the premises for purposes of conducting such inspections and tests. (e) Buyers ability to obtain all building and sign permits required by buyer for its intended use of the property. (f) IN THE EVENT BUYER HAS NOT SATISFIED ITSELF WITH RESPECT TO THE PROPERTY AND CONDITIONS TO ITS DEVELOPMENT ON OR BEFORE SIXTY (60) DAYS FOLLOWING MUTUAL EXECUTION OF THIS LETTER, THIS AGREEMENT SHALL TERMINATE AUTOMATICALLY. In the event of such termination, Escrow Holder shall return the initial deposit to buyer plus accrued interest and neither buyer or seller shall have any further or continuing obligation to the other. 7. COSTS AND EXPENSES. The title policy shall be paid by Seller, except that the cost of the ALTA shall be paid by buyer. Escrow fees shall be shared equally. Seller to pay all transfer taxes. Taxes and assessments shall be pro -rated to close of escrow. 8. HAZARDOUS WASTE — SEISMIC ZONE: To the best of sellers knowledge and belief AND without investigation, there is no evidence of contamination , hazardous waste or toxic substances in existence on or below the surface of the land, nor is the property within a DELINEATED SPECIA STUDIES ZONE that encompasses a potentially or recently active trace of an earthquake fault. 9. LEGAL FEES: In the event legal action is commenced by any party to this agreement against the other, to enforce the provisions hereof, the prevailing party shall be entitled to have and recover from the other party all costs and expenses of suit including reasonable attorney fees. 10. BROKERAGE FEES: NONE. PURCHASER IS A LICENSED REAL ESTATE BROKER PURCHASING FOR HIS OWN ACCOUNT Page 3 May 15, 2004 Tim Hults Randy Williams 11. FINANCING CONTINGENCY: NONE. 12. Sellers warrant that there are no leases in effect oral or written and that exclusive possession shall be given buyer at close. 13. NO RESTRICTIONS: There shall be no restrictions, requirements, prohibitions, or limitations imposed against the property without buyers written approval following acceptance hereof. 13. Sewer. Seller warrants purchasers ability to connect to the municipal sewer system as required with payment of customary connection charges. 14. Expiration: This letter shall expire by its own terms on May 31, 2004. A formal offer to purchase shall be prepared by purchaser containing the provisions hereof and such other terms and provisions as contained in similar contracts for the purchase of Real Property upon acceptance by seller. This letter is our letter of intent or agreement. It is intended as a discussion of terms leading to a mutually agreeable form of purchase contract. We look forward to working with you, the Agency and Planning Staff on this transaction. If you have any questions or need further information, please feel free to call me. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. Steve Satkowiak Page 4 May 15, 2004 Tim Hults Randy Williams Approved and Accepted this day of May , 2004 Tim Hults Community Development Director City of San Jacinto, Califomia I sincerely appreciate your timely response to this letter and will make myself available personally or by telephone to discuss any issue with you. Please contact the undersigned with your intention to proceed with this transaction. Sincerely, CU\TO OCPAR MEN OF COMMUNi1Y OE\!ELOPMENT May 25, 2004 Mr. Tim Hults Mr. Randy Williams Community Development Department City of San Jacinto 201 E. Main Street San Jacinto, California 92583 RE: NEC San Jacinto Street and Commonwealth Avenue, San Jacinto, California Revised Letter of Intent to Purchase dated May 25, 2004 by Joe Konars and Steve Satkowiak Gentlemen, Per our recent telephone discussion, I am sending this revised Letter of Intent to register our interest in purchasing the above referenced property currently owned by the Redevelopment Agency of the City. We have developed, sold and leased retail commercial properties in Southern California since the mid 70's. We acquire only a few properties each year at the direction of those tenants we are working with. This allows us to conduct our business in a preferred style . A recent development in the adjacent City of Hemet included Pep Boys Automotive Service Center and Burger King Restaurant. A copy of the flyer prepared in marketing the site is attached. We have long standing relationships with several major retail tenants as well, including Goodyear Tire and Rubber Company, 7-11 Food Stores, EZ Lube, to name a few. In response to your request for a history of developments, I am enclosing three pages with an asterisk (*) denoting those projects currently under construction with a rendering of an EZ Lube project in San Marino, California. The services of Laurich Properties, whose principal offices are located in Las Vegas, Nevada and Rancho Mirage, California have been utilized on occasion. You may wish to visit their web site at www.laurichproperties.com I trust the attached documentation will meet with our acceptance and approval. We look forward to working with you on this project.. PACIFIC SOUTHWESTERN INVESTMENTS 629 Edith Way Long Beach, CA 90807 (562) 981-0957 fax (562) 981-0487 joekonars@charter.net LETTER OF INTENT THIS LETTER OF INTENT TO PUCHASE REAL PROPERTY is made and entered into this 25th day of May 2004 and constitutes an agreement by which Joe Konars and Steve Satkowiak, (Buyers) and the Re -Development Agency and City Council of the City of San Jacinto (Sellers) agree to buy and sell the subject real property on the terms and conditions essentially as set forth herein. The property consists of approximately 106,708 square feet of net land area and is described as the North East Corner of San Jacinto Street and Commonwealth Avenue, in the City of San Jacinto, Riverside County, California. The property is also referenced as Riverside County Assessor's numbers #439-110-093, #439- 110-025, #439-110-031 and #439-110-32 together with all rights, easements, licenses, permits, benefits, improvements, betterments, accretions and interests appurtenant thereto (collectively the Property) upon which to develop, maintain and operate a 3,500 square foot Restaurant with Drive Thru provision and patio dining area and approximately 15,000 square feet of commercial office, retail and accessory uses including parking, landscaping and signage as approved by the parties and the city of San Jacinto's planning and building department. 1. PURCHASE PRICE: Six hundred twenty-seven thousand three hundred and no/100 Dollars ($627,300.00) DEPOSIT: Ten Thousand and no/100 Dollars ($10,000.00) into interest bearing account with escrow holder. This deposit shall remain refundable to buyer until the expiration of the contingency period. CLOSING FUNDS: At close of escrow buyer shall deposit in cash or certified funds the balance of the purchase price plus buyers estimated closing costs, pro -rations and charges. 2. ESCROW: The parties shall enter into an escrow with First American Title Insurance Company. 3. CLOSE OF ESCROW: The date a Grant Deed is recorded in the name of the Buyer. Close shall occur on or before 8-31-2004. 4. CONDITION OF TITLE: As approved in writing by Buyer within ten (10) days of its receipt of a preliminary title report, including legible copies of all covenants, conditions, restrictions, easements and rights of way of record. 5. TITLE POLICY: Title shall be evidenced by the willingness of the title company to issue its ALTA Extended coverage form policy of Title Insurance in the amount of the purchase price showing title vested in Buyer, subject to the approved condition of title. 6. CONTINGENCIES TO CLOSE OF ESCROW: (a) Buyers approval of the legal description of the premises and matters disclosed by all title documents delivered to buyer at sellers expense, including a preliminary title commitment to issue its ALTA form policy dated after the date of this agreement. (b) Buyers approval of An ALTA survey of the property. (c) Buyers approval of a color coded map Page 2 May 15, 2004 Tim Hults Randy Williams plotting all easements disclosed by the title commitment and or survey. (d) Buyers approval of the provisions of a Disposition and Development Agreement by the Agency, if any, not yet recorded. (e) Inspections and Studies. On or before the expiration of the contingency period buyer shall have approved the results of any and all inspections, investigations, tests, and studies, including without limitation, investigations with regard to zoning, building codes and other governmental regulations, architectural inspections and approvals, engineering tests, economic feasibility studies and soils, seismic and geologic reports) with respect to the property as buyer may elect to make or obtain. The costs of all inspections and tests shall be borne by buyer. Buyer shall have the right to enter the premises for purposes of conducting such inspections and tests. (e) Buyers ability to obtain all building and sign permits required by buyer for its intended use of the property. (f) IN THE EVENT BUYER HAS NOT SATISFIED ITSELF WITH RESPECT TO THE PROPERTY AND CONDITIONS TO ITS DEVELOPMENT ON OR BEFORE SIXTY (60) DAYS FOLLOWING MUTUAL EXECUTION OF THIS LETTER, THIS AGREEMENT SHALL TERMINATE AUTOMATICALLY. In the event of such termination, Escrow Holder shall return the initial deposit to buyer plus accrued interest and neither buyer or seller shall have any further or continuing obligation to the other. 7. COSTS AND EXPENSES. The title policy shall be paid by Seller, except that the cost of the ALTA shall be paid by buyer. Escrow fees shall be shared equally. Seller to pay all transfer taxes. Taxes and assessments shall be pro -rated to close of escrow. 8. HAZARDOUS WASTE — SEISMIC ZONE: To the best of sellers knowledge and belief AND without investigation, there is no evidence of contamination , hazardous waste or toxic substances in existence on or below the surface of the land, nor is the property within a DELINEATED SPECIA STUDIES ZONE that encompasses a potentially or recently active trace of an earthquake fault. 9. LEGAL FEES: In the event legal action is commenced by any party to this agreement against the other, to enforce the provisions hereof, the prevailing party shall be entitled to have and recover from the other party all costs and expenses of suit including reasonable attorney fees. 10. BROKERAGE FEES: NONE. PURCHASER IS A LICENSED REAL ESTATE BROKER PURCHASING FOR HIS OWN ACCOUNT Page 3 May 15, 2004 Tim Hults Randy Williams 11. FINANCING CONTINGENCY: NONE. 12. Sellers warrant that there are no leases in effect oral or written and that exclusive possession shall be given buyer at close. 13. NO RESTRICTIONS: There shall be no restrictions, requirements, prohibitions, or limitations imposed against the property without buyers written approval following acceptance hereof. 13. Sewer. Seller warrants purchasers ability to connect to the municipal sewer system as required with payment of customary connection charges. 14. Expiration: This letter shall expire by its own terms on May 31, 2004. A formal offer to purchase shall be prepared by purchaser containing the provisions hereof and such other terms and provisions as contained in similar contracts for the purchase of Real Property upon acceptance by seller. This letter is our letter of intent or agreement. It is intended as a discussion of terms leading to a mutually agreeable form of purchase contract. We look forward to working with you, the Agency and Planning Staff on this transaction. If you have any questions or need further information, please feel free to call me. IN WITNESS WHEREOF, the parties hereto have executed this agreement as o e d-y and year first above written. eve Satkowiak Page 4 May 15, 2004 Tim Hults Randy Williams Approved and Accepted this day of May , 2004 Tim Hults Community Development Director City of San Jacinto, California I sincerely appreciate your timely response to this letter and will make myself available personally or by telephone to discuss any issue with you. Please contact the undersigned with your intention to proceed with this transaction. Sincerely, o'Konars FROM : TOWNEKOUNTRYINUESTMENTS PHONE NO. : 310 438 0713 Jun. 02 2004 1118RM P1 - AGENDA REGULAR MEETING of the SAN JACINTO REDEVELOPMENT AGENCY June 3, 2004 Immediately Following the Regular City Council Meeting San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California ORGANIZATION 1.1 CaII to Order 1.2 Roll CaII 2. PUBLIC COMMENTS Now is the time for the public to address the Agency on any subject not listed on the agenda. Any person may address the Agency on any subject pertaining to Redevelopment Agency business not listed on the Agenda during this portion of the Meeting. A limitation of three (3) minutes shall be set for each person desiring to address the Agency Directors. 3. PUBLIC HEARING: None 4. CITY DEPARTMENTS: None 5. CONSENT CALENDAR The matters listed under Consent Calendar are considered routine and will be enacted by one motion by Agency Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the Redevelopment Agency, staff or the public requests a specified item be removed and/or discussed. Anyone wishing to discuss a consent calendar item should come forward upon invitation of the Agency Chairman; state their name, address and the consent calendar item number. Speakers should limit comments to three (3) minutes. None 6. CHAIRPERSON / MEMBER REPORTS / DISCUSSIONS None 7. OPEN SESSION ANNOUNCEMENTS CLOSED SESSION Redevelopment Agency Agenda June 3, 2004 Pace 2 of 2 7.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS California Government 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 8. ADJOURNMENT 9. Dowt/9 4. e4(o ilaad. Soo:eta 1 oa de Sag 1paeiato ,Xiedeadoftke rt 49eaey, do lome4 ce e4y slat 9 waded to 6e footed 6'uf°t00f a9" I dle2&l do f 4 7/tof 2004, as segudred 6g faw. step .n rasarow - Lt<N/Mrurc, inc. tmacKey rarcei) rage From: "Steven Pasarow" <spasarow@sanjacintoca.us> To: <jsballenger@bbklaw.com>, "Randy Williams" <rilliams@sanjacintoca.us>, "Tim Hults" <thults@sanjacintoca.us> Date: 6/4/04 9:22AM Subject: ERN/MPJR, Inc. (Mackey Parcel) Jeff, As I understood the Agency's intentions for the Mackay Parcel, they requested that the following points be transmitted to Mackay by the Agency in order to continue with the negotiation process on these parcels. 1) The ERN to be executed by buyer within (insert # days) "to start the clock ticking", (no more free time, buyer either wants to do the deal or not since the Agency has other offers coming in). Deposit for the first six months of the ERN shall be due and payable with the executed agreement. (title issues on the parcels to be cleared during escrow not during the ERN period; deposit to be non-refundable, unless clear title cannot be conveyed to buyer by Agency, the unused portion of deposit shall be returned to buyer). 2) Buyer shall demonstrate to Agency during the first six month period of the ERN that a concerted effort is being made to acquire additional parcels necessary to complete an integrated development. Buyer's performance measures should include , IE, letter of interest, and purchase offer to be sent to owners of non -agency owned parcels, appraisals of these properties made at buyer's cost, if possible escrows should be opened by buyer for the acquisition of non -Agency owned parcels. Performance measures may include marketing of parcels to "end users" however, the Agency is interested in Mackay taking down the parcels whether or not they have an end user on line. 3) Purchase price of Agency parcels to be determined at the initiation of the DDA process based upon a new Agency appraisal of the parcels. 4) Buyer shall prepare a preliminary site plan (master plan) showing an integrated site development including the Agency and non -Agency owned parcels. All other aspects of the ERN shall remain unchanged. If there are other points that I missed, please let me know but this is what I picked up at the meeting. Steven. COMMUNITY DEVELOPMENT DIRECTOR AGENDA TIM HULTS REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL JUNE 3, 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 Roll Call 1.3 Invocation — Rev. Bob Sauter, Faith Tabernacle, San Jacinto 1.4 Pledge of Allegiance 1.5 Special Presentations 1.5.1 Proclamation / Anna Martin — Cancer Research Fundraiser 1.5.2 Presentation by David Willmon — League of California Cities Representative 1.5.3 Presentation by Washington Representative Joni Goodman 1.5.4 Business Spotlight of the Month / Economic Development Specialist 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 approving future annexation of territory into Community Facilities District No. 2003-01 (CFD 2003-1) / Continued from May 20, 2004 / Approve / Special Tax Consultant and City Attorney City Council Agenda June 3, 2004 Page 2 of 4 4. CITY DEPARTMENTS 4.1 Council Goals Process / City Manager 4.2 Budget Hearing Fiscal Year 2004-2005 / Review and direct staff for final adoption June 17, 2004 / Finance Director and 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. 5.1.1 Warrant Register for Warrants, Prepaid Checks, and Payroll Checks Period Ending 06/03/04 / Approve / Finance Director 5.1.2 Treasurer's Report at April 30, 2004 / Approve / Finance Director 5.1.3 Ordinance 04-13 / An Ordinance of the City Council acting as the Legislative body of Community Facilities District No. 2 authorizing the levy of a special tax within Community Facilities District (CFD) No. 2 / Approve second reading and Adopt Ordinance 04-13 and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto, California, acting as the Legislative Body of Community Facilities District No. 2 authorizing the levy of a special tax within community Facilities District No. 2 / Finance Director 5.1.4 Main Street, Soboba Road, Esplanade Avenue, and Artesia Street Pavement Rehabilitation / Award Public Works Contract to Matich Corporation of San Bernardino for the sum of $1,076,076 plus 15% contingency, Authorize City Clerk to reject all other bids received and Authorize Mayor to Execute the contract / City Engineer Public Works Bid Award 5.1.5 Spending Plan for the Supplemental Law Enforcement Services Fund (SLESF) Grant (FY2003) / Approve / Chief of Police 5.1.6 Traffic Report at Intersection of Ramona Expressway and Eagle Drive / Adopt traffic report dated May 3, 2004 / Authorize implementation of recommendations as presented in the report / City Engineer City Council Agenda June 3, 2004 Page 3 of 4 5.1.7 Solid Waste Rate Increase / Approve tipping fee pass thru rate increase requested by CR&R Disposal / City Manager 5.1.8 Sale of City's Police vehicles to Riverside County Sheriffs Department / Approve sale of vehicles for the amount of $275,000 / City Manager 5.1.9 Eastern Municipal Water District Sewer Negotiations / Support City's negotiating position for expanding the City's sewer collection line maintenance function to include the newly developing areas of the City / City Manager 5.1.10 Conditional Use Permit 1-04 / Wireless Communications Facility / Ratify the approval of Planning Commission's Conditional Use Permit 1-04 based on the Findings of Fact and Conditions of Approval, allowing the construction of two 45-foot high fully stealthed mono -palms to be located at the northeast corner of a 2.65 acre commercial parcel at 1283 Ramona Expressv)ay 5.1.11 Conditional Use Permit 12-03 / Construction of a 527 unit mini - storage facility / Ratify the approval of Conditional Use Permit 12- 03 based on the Findings of Fact and Conditions of Approval, allowing the construction of a 527 unit mini storage facility on a 75,000 square foot parcel, located within a multi -tenant mixed use commercial/industrial complex at the southwest corner of Esplanade Avenue and Santa Fe Avenue 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS None 7. CLOSED SESSION 7.1 CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: Roger Crawford Employee Organization: Police Officers Association 7.2 CONFERENCE WITH LABOR NEGOTIATOR Agency designated representative: Roger Crawford Employee Organization: Sergeants Association 7.3 CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: Roger Crawford Employee Organization: Management Association City Council Agenda June 3, 2004 Page 4 of 4 7.4 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. Dowrkry 4. elwuacasd. ear, etelk ad tle ea, oi Sao paeinto, dal e4 ea apt rlar 9 eauaed to de feosted t4 e dd egoor1 agenda aid 284 da f od , 2004 as acguined 4 law. AMENDED AGENDA REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL AND JOINT MEETING WITH SOBOBA BAND OF LUISENO MISSION INDIANS OF THE SOBOBA RESERVATION, CALIFORNIA JUNE 17, 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 Roll Call 1.3 Invocation — Rev. Randy Leeper, Faith Tabernacle, San Jacinto 1.4 Pledge of Allegiance 1.5 Special Presentations 1.5.1 Business Spotlight of the Month / Quast Tree Service, Tom Quast — Recipient / Economic Development Specialist 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. JOINT MEETING OF THE SAN JACINTO CITY COUNCIL AND THE SOBOBA COUNCIL OF THE BAND OF LUISENO MISSION INDIANS OF THE SOBOBA RESERVATION, CALIFORNIA 3.1.1 Community Development Issues / Opportunities and Objectives / Discussion and Direction / City Council requested 3.1.2 Domenigoni Property / Discussion and Direction / Soboba Council requested City Council Amended Agenda June 17, 2004 Page 2 of 5 3.1.3 Greater Horse Shoe Property / Discussion and Direction / Soboba Council requested 3.1.4 Horse Shoe Property / Negotiate agreement to mitigate City's concems for City's support of Horse Shoe Property Application / Discussion and Direction / City Manager requested 3.1.5 Soboba Sign Project and City Sign Ordinance / Discussion and Direction / Soboba Council requested 4. PUBLIC HEARING 4.1 Annexation of Property to Landscaping, Lighting and Park District No. 2 — (LLPD No. 2) Annexation No. 18 — APNs 435-071-013, 435-040-016, 435-055-055 / City Attorney 4.1.1 Resolution No. _ / A Resolution initiating proceedings for the Annexation of property into LLPD No. 2 — Annexation No. 18 ? Approve and Adopt 4.1.2 Resolution No. / A Resolution approving the Engineer's Report for the annexation of property to LLPD No. 2 — Annexation No. 18 / Approve and Adopt 4.1.3 Resolution No. _ / A Resolution declaring intention to annex property into LLPD No. 2 — Annexation No. 18 / Approve and Adopt / 4.1.4 Public Hearing — If the City Council determines that a majority protest does not exist, approve and adopt Resolution No. _ / A Resolution ordering annexation of territory to LLPD No. 2 (Annexation No. 18) and levying assessments 5. CITY DEPARTMENTS 5.1 Resolution No. / A resolution certifying the results of an election and adding property to Community Facilities District No. 2003-1- Annexation No. 4 / Approve and Adopt / Special Tax Consultant and City Attorney 5.2 City Attorney Retainer Agreement with Best Best & Krieger LLP / Approve and Authorize City Manager to execute agreement / City Attorney P'h City Council Amended Agenda June 17, 2004 Paae 3 of 5 5.3 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 6. 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. 6.1 Warrant Register for Warrants, Prepaid Checks, and Payroll Checks Period Ending 06/17/04 / Approve / Finance Director 6.2 Memorandum of Understanding regarding preparation of Water Management Plan for the Hemet/San Jacinto Management Plan / Robert W. Hargreaves, City Attorney - Special Counsel for Water Matters and City Manager 6.3 Resolutions regarding the November 2, 2004 Consolidated Election / City Clerk 6.3.1 Resolution No. / A Resolution of the City Council of the City of San Jacinto calling a General Municipal Election on November 2, 2004 / Approve and Adopt 6.3.2 Resolution No. _ / A Resolution of the City Council of the City of San Jacinto adopting regulations for the candidates for elective office, pertaining to the electorate and the costs thereof for the General Municipal Election on November 2, 2004 / Approve and Adopt 6.4 Resolution No. / A resolution reducing the Estudillo Mansion V " 1 Committee Members from nine to seven / Approve and Adopt /� if " Community Development Director 6"'vt 6.5 Conflict of Interest Code / City Manager or his designee to review code, file a statement of review with City Clerk, and have Code revised as necessary / Direct / City Manager 6.6 Police Officers Association and Sergeants Association negotiated contract for severance / Approve $300,000 appropriation from General Fund / City Manager City Council Amended Agenda June 17, 2004 Page 4 of 5 6.7 Notice of Completion - Downtown Improvements / Approve and Authorize release of retention in the amount of $62,249.10, thirty (30) days after recordation of the Notice of Completion / City Engineer 6.8 Notice of Completion — First and Seventh Street Sidewalks and Miscellaneous Improvements / Approve and Authorize release of retention in the amount of $40,031.00 thirty (30) days after recordation of the Notice of Completion / City Engineer 6.9 Irrevocable Offers of Dedication of Rights -of -Way — Seventh and Sanderson Avenue / Accept Irrevocable Offers of Dedication for the northeast, northwest, and southwest corners of Seventh Street and Sanderson Avenue to accommodate the traffic signal installation by Lennar Communities associated with T30462 / City Engineer 6.10 Resolution No. / A resolution authorizing City Manager or Finance Director to execute escrow agreement for security deposits in lieu of retention and authorizing establishment of an annual administration fee for all new escrow agreements for security in lieu of retention / Approve and Adopt / Finance Director 6.11 Landscaping, Lighting, and Park District No. 1 (LLPD No. 1) Accept the Engineer's Report for LLPD No. 1 / Approve and Adopt Resolution No. / A Resolution declaring the City's intention to levy and collect assessments within LLPD No. 1 for Fiscal Year 2004-2005 and giving NOTICE of setting the time and place of the hearing on the levy of the proposed assessment / Finance Director 6.12 Notice and Call for Special Meeting of the San Jacinto City Council June 30, 2004 / Receive and File / City Clerk 7. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 7.1 Committee and / or Agency Agendas / Receive and File / City Clerk 8. CLOSED SESSION 8.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: APN 431-110-008 City Council Amended Agenda June 17, 2004 Page 5 of 5 Agency negotiator: City Manager Negotiating parties: City of San Jacinto and Rocky Glen LLC Under negotiation: Price and Terms 8. ADJOURNMENT If you challenge any action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council (c/o the City Clerk) at, or prior to, the public hearing. CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land use made by the City Council as a result of a proceeding in which by law a hearing is 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. T. Dowt4 4. efwuiewed, eery ele4 od else t o f Sa o r 'd-te. do kor4 en* time 9 eaaaed to 6e Aeated toe pupal agaeda ties 14` day oil pure. 2004 as Requited 4 &ton. AGENDA REGULAR MEETING of the SAN JACINTO REDEVELOPMENT AGENCY June 17, 2004 Immediately Following the Regular City Council Meeting San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, Califomia 1. ORGANIZATION 1.1 Call to Order 1.2 Roll CaII 2. PUBLIC COMMENTS None 3. PUBLIC HEARING: Now is the time for the public to address the Agency on any subject not listed on the agenda. Any person may address the Agency on any subject pertaining to Redevelopment Agency business not listed on the Agenda during this portion of the Meeting. A limitation of three (3) minutes shall be set for each person desiring to address the Agency Directors. 4. CITY DEPARTMENTS None 5. CONSENT CALENDAR The matters listed under Consent Calendar are considered routine and will be enacted by one motion by Agency Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the Redevelopment Agency, staff or the public requests a specified item be removed and/or discussed. Anyone wishing to discuss a consent calendar item should come forward upon invitation of the Agency Chairman; state their name, address and the consent calendar item number. Speakers should limit comments to three (3) minutes. 5.1 May 20, 2004 Regular Meeting Minutes / Approve / Agency Secretary Redevelopment Agency Agenda June 17, 2004 Page 2 of 2 5.2 June 3, 2004 Regular Meeting Minutes / Approve / Agency Secretary 6. CHAIRPERSON / MEMBER REPORTS / DISCUSSIONS None 7. OPEN SESSION ANNOUNCEMENTS CLOSED SESSION 8. ADJOURNMENT T. Daaotiv 4. elroutaaad. Seeoetay 4 tk Sat l7aeutta Redevelop:me t ffgeeey, do lately ear.* tkoe 9 caaaed to le ko tki Ample" a ye rda die lltk da9 4 peace, 2004, as aegutaed 4 law. AELEiliA 5 -1 MINUTES REGULAR MEETING OF THE SAN JACINTO REDEVELOPMENT AGENCY MAY 20, 2004 9:07 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California 1. ORGANIZATION 1.1 Call to Order Chairman Jim Ayres called the Regular Meeting of the San Jacinto Redevelopment Agency to order at 9:07 p.m. 1.2 Roll CaII Present: Ayres, Carlson-Buydos, Conner, Shaw, Stubblefield Absent: None 2. PUBLIC COMMENTS None 3. PUBLIC HEARING: None 4. CITY DEPARTMENTS 5. CONSENT CALENDAR 5.1 May 6, 2004 Regular Meeting Minutes / Approve / Agency Secretary M/S/C (Carlson-Buydos / Stubblefield) moved to approve Consent Calendar Items 5.1 as presented. Motion carried 5/0. Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent: None Abstain: None Redevelopment Agency Minutes May 20, 2004 Page 2of2 6. CHAIRPERSON / MEMBER REPORTS / DISCUSSIONS None 7. OPEN SESSION ANNOUNCEMENTS CLOSED SESSION None 8. ADJOURNMENT Chairman Ayres adjourned the San Jacinto Redevelopment Agency meeting at 9:08 p.m. San Jacinto Redevelopment Agency by Jim Ayres, Chairman ATTEST: Dorothy L. Chouinard, Agency Secretary MINUTES REGULAR MEETING OF THE SAN JACINTO REDEVELOPMENT AGENCY JUNE 3, 2004 9:55 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, Califomia 1. ORGANIZATION 1.1 CaII to Order Chairman Jim Ayres called the Regular Meeting of the San Jacinto Redevelopment Agency to order at 9:55 p.m. 1.2 Roll CaII Present: Ayres, Carlson-Buydos, Conner, Shaw, Stubblefield Absent: None 2. PUBLIC COMMENTS None 3. PUBLIC HEARING: None 4. CITY DEPARTMENTS Done 5. CONSENT CALENDAR Done 6. CHAIRPERSON / MEMBER REPORTS / DISCUSSIONS None 7. OPEN SESSION ANNOUNCEMENTS CLOSED SESSION i Redevelopment Agency Minutes June 3, 2004 Pace 2 of 2 7.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS California Government Code Section 54956.8 Property: Assessors Parcel Numbers (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 No reportable action 8. ADJOURNMENT Chairman Ayres adjourned the San Jacinto Redevelopment Agency meeting at 10:12 p.m. ATTEST: Dorothy L. Chouinard, Agency Secretary San Jacinto Redevelopment Agency by Jim Ayres, Chairman AGENDA ITEM 6.11 June 17, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Tim Hults, Community Development Director'1 SUBJECT: Reduction in the Number of Estudillo Mansion Committee Members RECOMMENDATION: By motion, approve a reduction in the number of members on the Estudillo Mansion Committee from nine to seven. BACKGROUND: The Estudillo Mansion Committee was established as an advisory committee to the City Council in 1998 for activities related to the Estudillo Mansion. On September 6, 2001, the City Council approved Resolution 2305 which set the number of permanent Committee members at nine persons, all appointed by the City Council. On June 7, 2004, at a rescheduled regular meeting of the Estudillo Mansion Committee, a motion was made, seconded and unanimously approved by all members present to reduce the number of Committee members from nine to seven. JUSTIFICATION: The Estudillo Mansion Committee members determined that this nine member body was too large for an advisory committee and should be reduced for the following reasons: 1) All nine members are rarely available on any given date to meet as a committee for the purpose of conducting normal business; 2) A nine member committee requires that at the minimum, a quorum of five members must be present to hold a business meeting; and Page 1 of 3 3) The large number of committee members makes it difficult for all members to properly voice opinions and reach a consensus on business issues before the committee For the above reasons, the Estudillo Mansion Committee requests that the City Council approve a reduction in the number of Committee members from the current nine positions to seven positions and that the three current vacancies on the Committee not be filled, thereby reducing the number of Committee Members by attrition. With a reduction of Committee members to seven, a quorum would consist of four members present for a meeting to be properly conducted. BUDGETARY IMPACT: Reducing the number of Estudillo Committee Members from nine to seven will not result in any budgetary impact. ATTACHMENTS: 1) Resolution No. _, A Resolution amending Resolution No. 2305,reducing the number of appointed members on the Estudillo Mansion Committee from nine (9) to seven (7). 2) Resolution No 2305 Page 2 of 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA, REDUCING THE NUMBER OF APPOINTED MEMBERS ON THE ESTUDILLO MANSION COMMITTEE WHEREAS, the Estudillo Mansion Committee was established by the Redevelopment Agency of the City of San Jacinto on February 18, 1998 by adoption of Resolution 99-3; and WHEREAS, on September 6, 2001 the City Council of the City of Jacinto resolved to establish an Estudillo Mansion committee for purpose of advising on matters regarding the Estudillo Mansion by adoption of Resolution No. 2305; and WHEREAS, Section 3 of Resolution No. 2305 specifies that the Estudillo Mansion Committee shall be comprised of nine (9) appointed members. NOW THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto, Resolution 2305 is amended as follows: vote: Section 3: The City Council shall appoint seven members to the Estudillo Mansion Committee. APPROVED and ADOPTED this 17th day of June, 2004 by the following Ayes: Nays: Absent: Abstain: ATTEST: Dorothy L. Chouinard, City Clerk City of San Jacinto by Jim Ayres, Mayor 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 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: Ayes: Ayres, Carlson-Buydos, Good, Williams Noes: None Absent: Conner Abstain None Attest: Susan Matthew, City Clerk Patrick A. Williams, Mayor AGENDA ITEM Co " 4 June 17, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Tim Hults, Community Development Director SUBJECT: Reduction in the Number of Estudillo Mansion Committee Members RECOMMENDATION: By motion, approve a reduction in the number of members on the Estudillo Mansion Committee from nine to seven. BACKGROUND: The Estudillo Mansion Committee was established as an advisory committee to the City Council in 1998 for activities related to the Estudillo Mansion. On September 6, 2001, the City Council approved Resolution 2305 which set the number of permanent Committee members at nine persons, all appointed by the City Council. On June 7, 2004, at a rescheduled regular meeting of the Estudillo Mansion Committee, a motion was made, seconded and unanimously approved by all members present to reduce the number of Committee members from nine to seven. JUSTIFICATION: The Estudillo Mansion Committee members determined that this nine member body was too large for an advisory committee and should be reduced for the following reasons: 1) All nine members are rarely available on any given date to meet as a committee for the purpose of conducting normal business; 2) A nine member committee requires that at the minimum, a quorum of five members must be present to hold a business meeting; and Approvals City Manager: Finance Director: Page 1 of 3 3) The large number of committee members makes it difficult for all members to properly voice opinions and reach a consensus on business issues before the committee For the above reasons, the Estudillo Mansion Committee requests that the City Council approve a reduction in the number of Committee members from the current nine positions to seven positions and that the three current vacancies on the Committee not be filled, thereby reducing the number of Committee Members by attrition. With a reduction of Committee members to seven, a quorum would consist of four members present for a meeting to be properly conducted. BUDGETARY IMPACT: Reducing the number of Estudillo Committee Members from nine to seven will not result in any budgetary impact. ATTACHMENTS: 1) Resolution No. , A Resolution amending Resolution No. 2305,reducing the number of appointed members on the Estudillo Mansion Committee from nine (9) to seven (7). 2) Resolution No 2305 Page 2 of 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA, REDUCING THE NUMBER OF APPOINTED MEMBERS ON THE ESTUDILLO MANSION COMMITTEE WHEREAS, the Estudillo Mansion Committee was established by the Redevelopment Agency of the City of San Jacinto on February 18, 1998 by adoption of Resolution 99-3; and WHEREAS, on September 6, 2001 the City Council of the City of Jacinto resolved to establish an Estudillo Mansion committee for purpose of advising on matters regarding the Estudillo Mansion by adoption of Resolution No. 2305; and WHEREAS, Section 3 of Resolution No. 2305 specifies that the Estudillo Mansion Committee shall be comprised of nine (9) appointed members. NOW THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto, Resolution 2305 is amended as follows: vote: Section 3: The City Council shall appoint seven members to the Estudillo Mansion Committee. APPROVED and ADOPTED this 17th day of June, 2004 by the following Ayes: Nays: Absent: Abstain: ATTEST: Dorothy L. Chouinard, City Clerk City of San Jacinto by Jim Ayres, Mayor 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 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: Noes: Absent: Abstain Attest: Ayres, Carlson-Buydos, Good, l•lilliams None Conner None Susan Matthew, City Clerk I (_ Patrick A. Williams, Mayor 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 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. vote: Approved and adopted this 6th day of September, 2001, by the following _2- Ayes: Ayres, Carlson-Buydos, Good, Williams Noes: None Absent: Conner Abstain None Attest: Art .0 Susan Matthew, City Clerk ids a-L___0` Patrick A. Williams, Mayor -3- 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 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. vote: Approved and adopted this 6th day of September, 2001, by the following - 2 - Ayes: Ayres, Carlson-Buydos, Good, Williams Noes: None Absent: Conner Abstain None Attest: Susan Matthew, City Clerk Patrick A. Williams, Mayor -3-