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HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 9/6/2000REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM# SUBJECT �-- DATE: VO IN FAVOR NEUTRAL NAME: 7I6k r LA), * f/ REPRESENTING: _5", F ADDRESS: �b✓✓� E , lM,4iu1 SIC�� CITY: -SA RI �i4/n1 I ELEPHONE: 9a, `f-i ,c;- / 1 IN OPPOSITION Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor wif call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO IIIE CITY CLERK PRIOR TO THE START OF THE MEETING 16732 Cedarwood Circle Cerritos, CA 90703-2845 August 18, 2000 Honorable Mayor and City Councilmembers City Hall Riverside/San Bernardino Counties Dear Mayor and Councilmembers: RIVERSIDE/SAN BERNARDINO ALZHEIMER'S ASSOCIATION 7TH ANNUAL MEMORY WALK BENEFIT - OCTOBER 21, 2000 As a secondary caregiver to my dementia -diagnosed veteran father for the past 1 1/2 years, the care that many spouses, adult children and professionals provide on a daily basis is appreciated. We know of the tremendous difficulties, mentally, physically, emotionally, and financially that impact the patient and families providing assisted care to our loved ones. For eleven years, the Riverside/San Bernardino Alzheimer's Association has been a life saving organization providing support, referral and advocacy services. On Saturday morning, October 21, 2000 this nonprofit group will sponsor an uplifting 7th Annual "Memory Walk" at the San Bernardino Museum in Redlands. This event will foster public awareness of Alzheimer's and Related Disorders while raising direly needed funds for care and a cure. To assist this effort, may your City please promote our cause by issuing a proclamation commending the Alzheimer's Association for their work and education to the public. A sample proclamation is on the reverse. If you do write a Proclamation, please mail document to Ms. Maureen Moncado at the local Alzheimer's address below. Further information about the Walk may be found on the internet at www.alzrivsb.org/wa1k2000.htm. Encouraging all your citizens, churches, synagogues, mosques to support the "Memory Walk" will help thousands of families in Riverside/San Bernardino Counties. Sincerely, Thomas Vracko r; Ms. Maureen Moncado, Riverside/San Bernardino Alzheimer's Association 1280 E. Cooley Dr, Ste. 12, Colton, California 92867 Phone: (909)370-0190 National Alzheimer's Assn., 70 East Lake St, Ste. 600, Chicago, IL 60601 PROCLAMATION CITY OF CALIFORNIA RIVERSIDE/SAN BERNARDINO CHAPTER ALZHEIMER'S ASSOCIATION 7TH ANNUAL "MEMORY WALK" WHEREAS, Alzheimer's Disease and Related Disorders are debilitating illnesses for patient and family; millions worldwide are affected mentally, physically, emotionally, and financially; and WHEREAS, Alzheimer's affects 4 million Americans including 55,000 in the Riverside/San Bernardino Counties, and 1 out of 4 families nationally; and WHEREAS, the Riverside/San Bernardino Alzheimer's Association has been an heroic nonprofit organization since 1989 providing support and referral services for thousands of families in Riverside/San Bernardino Counties; and perseveres to find a cure; and THEREFORE, BE IT RESOLVED, the Mayor and City Council of the City of , County of , California hereby commend the Riverside/San Bernardino Alzheimer's Association in all its effort to assist patients and families with Alzheimer's Disease and their untiring effort to find a cure. We encourage all residents of our City to participate in and contribute to the 7th Annual "Memory Walk" "fun raiser" event to be held Saturday morning, October 21, 2000 at the San Bernardino Museum in Redlands, California. BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to send copies of this proclamation to the Riverside/San Bernardino and National Alzheimer's Associations. Dated: Mayor, City of , 2000 California City Clerk s/ /00 AL \PROcl h Pilaster = Ugh' Pole Notes: I. Ail dimensions are In millimeters unless otherwise shown 2. Walls are to bockfFiled before railing is placed_ 3. Clearance to reinforcing steel in curb and rolling to be 25 min except as noted. Longitudinal reinforcement to stop of all expansion Joints. 4. For light pole and pilaster locations. see "Miscellaneous Details No. 2" sheet. 5. See Bridge plans for limits of tubular land railing. 6. For Electrical Details" see "Road Plans" 7. Galvanize roil assembly af ter fabrication. 8. Posts shall be normal to railing. 9. Tube splices shall be located In the tubes spanning deck or wall Joints. Increase Joint width in tubes to match expansion Joint width and Increase sleeve length correspondingly. 10. Top rail shall be continuous over not less than two posts except a short length Is permitted near deck Joints. t• For details of Pilaster see -Miscellaneous Details No. 5" sheet. 3X typ ALL DIMENSIONS ARE IN METERS UNLESS OTHERWISE SHOWN. 10 equal spaces (Tubular Hand Railing) 5 equal spaces !Fractured ` Rlb Texture) ID equal spaces !Tubular Hand Rolling) 5 equal spaces IF;'odured Rib Texture) OUTSIDE BARRIER ELEVATION 1:Ei0 DOKIcE .d War teem hot said mhet offi, i! tiii 'i C1Ili e"cR.; .5B DATE : Oct. '999 DUALS BY CO :LtiE AS `OWN Poi In: .A'±JOB vu: I pea Nc+EEP Of noes . A/7 10115/99 REVISION DESCRIPTION _e3q1 830 typ typ MAIN STREET BRIDGE MISCELLANEOUS DETAILS NO. 4 BIAS J54-593-00(459)3 FHWAi PLHL50775(004) etric . /-£ Pilaster = r £ U9ht Pole 530 T Tubular lard rolling Top of sidewalk £ Pilaster = £ Ught Pole 530 I Tubular ; .t.: railing.- Bottom of overhang Top of deck I, INSIDE BARRIER ELEVATION 1:50 C Pilaster ,_/—£ LIVE Pole 530 [8301830 tYP tYP Too of deck r£ Pilaster = £ Light Pole 530 Notes: i. Ail dimensions are in millimeters unless other/se shown 2. Walls are to backftled before rolling Is placed. 3. Clearance to reinforcing steel In curb and railing to be 25 min except as noted L ntillydl.n1 reinforcement to stop at oil expansion Joints. 4. For light ;We and pilaster locations. sae "Miscellaneous Details Ha. 2" sheet. 5. See Bridge plans for limits of tubular hand railing. 6. For Electrical Details. see "Road Plans" 7. Galvanize rail assembly after fabrication. 8. Posts shall be normal to rolling. 9. Tute splices shall be located in the tubes spanning deaf or wall Joints. Increase joint width In tubes to match expansion Joint width and Increase sleeve length correspondingly. l0. Top roll shall be continuous over not less than two posts ALL DIMENSIONS except a short length Is permitted near decx joints. ARE I N '.IETERS IL For details of Pilaster see'Miscelloneous Details UNLESS OTHERWISE No. 5' steel. SHDWN. OUTSIDE BARRIER El FVATION A*,. cNG°: _- -._. MAT( O L 199g DCT/LS Pr: Ca SCKC" AS.$t1f,11T1 Puy WIPP 1 o84 ` n` 3 "ham DATF• IOILS/99 830 1 830 tWP OW 578 CITY OF SAN JACINTO 1825 MAIN STREET BRIDGE MISCELLANEOUS DETAILS NO. 4 A mm Or v REvSxx+ CESq PT10N "'f°"d'� -. •++°.a _.., BIA. J54_593(5O(459)3 HWA1 PI HI- S/177- �.1/lrld\ Type V4502. 'Union Station", Hacco. see Detail This Sheet CoriCult In barrier, see Structure Plans Main Street Brice I— - easner 2 Hex Nuts For founaot — locations. Structure P one: Derail this Sheet Ion and see Ions 279 Dlo. Bose CO POST-P1150 DETAIL 13" NO Scale Removable Access Door 51 1411 [2.S Die AnCnOr Bpits 178 Dia. Bolt CirCle 4 Dolts-90*coort A I un t num Pipe Arm Spun A I um num Shoae Porceialn Socket x 160 Slip Fitter Stainless Steei Fasteners Factory prewired ana Tested Ballast in Pole TYPE V4502 LUMINA AE 0TAIL -C" No Scale Height AGENDA REGULAR MEETING SAN JACINTO CITY COUNCI September 6, 2000 - 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 by Pastor Don Robertson from the Shepard's House. San Jacinto 1.4 Pledge of Allegiance 1.5 Special Presentations ® Recognition - Sean Hyland s Chuck Rogness' Retirement ® Riverside/San Bernardino Chapter - Alzheimer's Association "Memory Walk" fund raiser event - October 21, 2000. • Commendations - Sergeant Bryan Vig, Sergeant Howard Ballard, Corporal Chris Holbrook, Officer Jeff Penn, Investigator Andrew Spillman, Investigator Shirley Williams, Investigator David O'Dowd Dispatcher Randy York, and Crime Scene Investigator Jennifer Royster. ® Lake Park Drive Bridge Update - Wad Faqih, Parson Brinckerhoff 2. PUBLIC COMMENTS: Any person may address the Council on any subject pertaining to City 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 Council. 3. PUBLIC HEARING: 3.1 CHANGE OF ZONE 2-00 Introduce Ordinance 1083 changing the zoning designation form R-2 (Two Family Residential) to C-2 (General Commercial) on the north side of Commonwealth approximately 500' east of San Jacinto Avenue. CITY DEPARTMENTS 4.1 Approve City Manager's Implementation Plan - Council Goals and Objectives 4.2 Introduce Ordinance No. 1082, Amending the Municipal Code and Adopt Resolution No. 2265 Reestablishing Water Rates and Related Policies 4.3 Provide Direction to League of California Cities Delegates Regarding Voting on Resolutions Affecting the City of San Jacinto 4.4 Resolution No. 2269 Amending the Fiscal Year 2000-2001 Budget - Increasing the Fiscal Year 2000-2001 Budget by Appropriating S27,466 in Fund No. 058 - Local Law Enforcement Block Grant Fund and S35,205 in Fund 060 - Law Enforcement Technology Equipment Purchase Grant Fund 5.0 CONSENT CALENDAR - CITY COUNCIL 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 to be removed and/or discussed. Anyone wishing to discuss a consent calendar item should come forward upon invitation of the Mayor; state their name, address and the consent calendar item number. Speakers should limit comments to three (3) minutes. 5.1 Approve Modification No. 2 to BIA Agreement - Lake Park Drive Bridge providing additional funding in the amount $643,193 5.2 Reject Claim Against the City of San Jacinto - Namia Allen 5.3 Reject Claim Against the City of San Jacinto - Collette Underwood 5.4 Approve Warrant Register for Warrants, Prepaid Checks and Payroll Checks 5.5 Approve Minutes of Regular Meeting of August 17, 2000 5.6 Approve Emergency Manager's Assistance Grant for Western County Disaster Net Radio. 5.7 Adopt Proclamation and Resolution No. 2254 Implementing the Cleanest County in the West Program 5.8 Approve Issuance of Truck Permit on Behalf of John Crean Homes MAYOR/COUNCIL MEMBER REPORTS/DISCUSSIONS CLOSED SESSION: 7.1 Conference wi 54956.8 Property: 223-227 E. Main St City Negotiator: Jake Wager Negotiating Party: Joe Sanchez Under Negotiation: Price and terms of payment 8. ADJOURNMENT th Real Property Nego eet ators Pursuant to Gov. Code Sec. 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. I, Grace Alvarez, City Clerk of the City of San Jacinto, do hereby certify that I caused to be posted the foregoing agenda this 30th day of August 2000, as required by law. September 6, 2000 TO: Honorable Mayor and Members of the City Council FROM: Information Planner SUBJECT: Change of Zone 2-00 APPLICANTS: Hsiuh Chin Lin 7860 Beach Blvd. Buena Park, CA 90620 RECOMMENDATION: AGENDA # 3.1 AND: City of San Jacinto 201 East Main Street San Jacinto, CA 92583 By motion, adopt a Negative Declaration and introduce Ordinance No. 1083 approving the Change of Zone 2-00 BACKGROUND: On July 12, 2000, the Planning Commission adopted a resolution recommending to the City Council that they approve Change of Zone 2-00. The project involves the consideration for a Change of Zone for 12 parcels located on the north side of Commonwealth, just east of San Jacinto Ave. The current zoning for the 12 parcels is R-2 (Two-family Residential), which is inconsistent with the General Plan. The change of zone would eliminate the inconsistencies between the General Plan and the Zoning Ordinance. ENVIRONMENTAL ANALYSIS: An environmental initial study has been conducted which has determined that this project will not have an impact on the environmental with the incorporation of mitigation measures. Therefore, a Mitigated Negative Declaration is recommended. DISCUSSION: The project involves the consideration of a Change of Zone of 12 parcels. The R-2 (two-family residential) zoning is inconsistent with the General Plan designation of Community Commercial. The surrounding zoning classification of the parcels ranges from General Commercial to Community Commercial. The surrounding area is mostly developed commercially. The area is located near the San Jacinto Super block and changing the zone from R-2 (two-family residential) to C-2 (General Commercial) would be more appropriate for the area. Furthermore, approval of the zone change would create commercial and job opportunities for the surrounding neighborhood, and would not impact the existing land use patterns and/or community plans, environmental plans or policies. r-ing—, !Hollywood i.. vide PACE Rite -Aid Staler Bros. trad C10) Com Tony's Sea Landing Metro 1? 0O ig ith Fitness Center I. 439-110-013 2. 439-110-035 3. 439-110-034 4. 439-110-033 5. 4'39-110-031 6. 439-110-030 7. 439-110-032 8. 439-1 10-014 9. 439-110-024 10.439-110-025 1 1.439-1 10-026 12.439-110-027 Avie, The area is located in the General Plan Land Use Area 5, which is an area in transition from rural agricultural uses to more urban commercial and residential uses. Furthermore, the General Plan lists Commonwealth Avenue as a Major cast west connector, coupled with commercial development adjacent. ATTACHMENTS: EXHIBIT "A" EXI-IIBIT "B" SITE MAP JULY 12, 2000 PLANNING COMMISSION MINUTES 0 1 INANCE NO: 1083 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING CHANGE OF ZONE 2-2000, RECLASSIFYING 12 PARCELS FROM R-2 (TWO-FAMILY RESIDENTIAL) TO C-2 (GENERAL COMMERCIAL) LOCATED ON THE NORTH SIDE OF COMMONWEALTH, JUST EAST OF SAN JACINTO AVE. THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On July 12, 2000, the Planning Commission conducted a public hearing and. recommended approval of a proposal to change the zone of the subject site, as shown on Exhibit "A" attached hereto and incorporated herein. Section 2. On September 6, 2000, the City Council conducted a public hearing and approved the Change of Zone of the subject site, as shown on Exhibit "A" attached hereto and incorporated herein. Section 3. That the official Zoning Map of the City Council is hereby amended by adding thereto Change of Zone 2-2000 as herein set forth. Section 4. That the official Zoning Ordinance 340, of the City Council is hereby amended by adding thereto Change of Zone 2-2000 as herein set forth. Section 5. That the zoning of the property in the City of San Jacinto, as shown on Exhibit "A" attached hereto and incorporated herein, is hereby established. Section 6. The City Clerk shall certify the adoption of this ordinance and cause the same to be published in a newspaper of general circulation printed and published in the County of Riverside, State of California. Introduced at a regular meeting of said City Council on the 6th day of September 2000. MOVED, PASSED, AND ADOPTED at a regular mee 21st Day of September, 2000 by the following vote. AYES: NOES: ABSENT: ATTEST lg of the City Council on the Mayor City Clerk CERTIFICATE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF SAN JACINTO, I hereby certify that the foregoing is a true copy of Ordinance No. 1080 duly adopted by the City Council of City of San Jacinto at a regular meeting thereof held the 21st day of September, 2000. WITNESS my hand and official seal of the City of San Jacinto this day of City Clerk. EXHIBIT "A" CHANGE OF ZONE 2-00 CITY OF SAN JACINTO Properties effected by Change of Zone 2-00 from R-2 (Two - Family Residential) to C-2 (Genera] Commercial) 1. 439-110-013 2. 439-110-035 3. 439-110-034 4. 439-110-033 5. 439-110-031 6. 439-110-030 7. 439-110-032 8. 439-110-014 9. 439-110-024 10. 439-110-025 11. 43 9-110-026 12. 439-110-027 FINDINGS OF FACT 1. The subject site is located within a known "X (Non -Shaded)" Flood Zone. 2. The existing General Plan is Community Commercial. The existing zoning is R-2 (two-family residential). 3. The proposed change of zone is in accordance with the objectives of General Plan. 4. The proposed change of zone will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. A.PN. 43e-11 2.30 A NO SI ILDINiS / i//i/// EXIST. PITNEBB CENTER / wa woo wee are. aMe- rEm- yM...ram/ 00.111 A.PN. 430-tt0-003 0.7 NO BUIlE.DIN000ee E 13008 v OM=WE (I 6 S B CT PR ERTY a rt. (vt Kees) .P.N. 430-110-018 NO ZONING Z NI se-� ZONE) FAIRLY 2 (GENERAL CO PO O Gamut Me tot ®—tee VACANT AORICULTURE 3103603500. D._MM eil.....I Mae M11R I MS** R.E.T. (AL ZONE) A.P.N. 4304t0 042 Y 29.I1O 014 Tilt lt- WPOitVlff SOMES S eemt .c Pout .wnr ewe , in, sure, met me 3. lM. PPOT esissants tarn. WHIM us-.1 , LEGAL DESCRIPTION lid G3lw3 132201,11.2. IOU OF IMP mlmmr mxww as a �etOR M�OdC:C ATOP OF fN�M PS a WPC x ®t�5. PACE 357 V WW1 N NA cnn Or 1K Darn TO330312Q its ma! COMM VAPPOPPak TE Du c.n It, IQt. (Vol 6 aCod5?t Y Wt armOso.) moo 331,..130,Celt NY a. NL MR10 unmet I. A. CAM 0m W® 4*.1 — 3. 91ttt t CI F R.OU CC ItHV hiT >EM t. 1E.mOC Mi) (mill 1Ml A NAV wua c..flca1 (®7 rn-1 O O. an PrvM tort (me) u3-t3t3 CITY OF BAN JACINTO; Alte" 1"3 C HANGE OF ZONE CZ NO. 1�1 .. .r *la . FOR 1 o 9 lt:M.UN acva::tm+' rx+sr !roam 4so-ram-els/ AVENUE C7MMONWEAL 27? SUBJECT PROPER 44. • •••. `.,. •. EXHIBIT EXISTING ZONING XXXXX CHANGE OF.ZONE NO. VACANT ESPLANADE VACANT VACANT FOOOD POST OFFICE AGRICULTURAL SCHOOL OFFICES VACANT I EXHIBIT " '> EXISTING USES CHANGE OF 2ON No. ZOOM VACANT � h AVENUE VACANT LEGEND SUBJECT PROPERTY. SINGLE FAMILY RESIDENSE MULTIPLE FAMILYRESIDENSE.' AGRICULTURAL AGRI -•" TURAL -® O®G ®Y ®QCwfl®_ ® Ems a®®-ss-.1; ma r ii its • mil ZOE WI E = s w_ o� -ems EXHIBIT EXISTING E AL PLAN CHANGE OF ZONE N.XXXX SUBJECT PROPERTY COMMUNITY COMMERCIAL PUBLIC/INSTITUTIONAL HIGH DENSITY. RESIDENTIAL MEDIUM DENSITY RESIDENTIAL. LOW DENSITY RESIDENTIAL Scale 1" = 400 ESPLANADE EXHIBIT " EXISTING CIRCULATION ELEMENT CHANGE OP ZONE NO. YZON LEGEND SUBJECT PROPERT(. NORTH 400 0 '400 >600 1200 Scole t= 400''c Project Title: Lead Agency: 3. Contact Person: 5. 6. 7. 8. Project Location: Project Sponsor: General Plan: Zoning: Environmental Review Change of Zone 2-00 City of San Jacinto 201 East Main St. San Jacinto, CA 92583 Dale Stubblefield Information Planner 909-487-7330 APN Number: see attached list Hsiuh Chin Lin/City initiated Community Commercial Two -Family Residential Description of Project: The project involves the consideration for a Change of Zone for 12 parcels located Southeast comer of the intersection of Commonwealth and San Jacinto Ave. The current zoning for the 12 parcels is inconsistent with the General Plan. The change of zone would eliminate the inconsistencies between the General Plan and the Zoning Ordinance making the zoning consistent with the General Plan. 9. Surrounding Land Uses and Setting The surrounding zoning of the parcels ranges from General Commercial, Community Commercial to Two -Family Residential. The surrounding area is mostly developed commercially. 10. Other Public Agencies whose approval is required? None Planning Commission Hearing July 11, 2000 AESTHETICS No Impact Generally, most of the sites are fully developed with a few parcels undeveloped. Furthermore, development of these unimproved lots could have an impact on the aesthetics of the area. However, with the proper installation of landscaping and on -site improvements, aesthetics of the property will be enhanced. Additionally, the approval of the Zone Change would not degrade or eliminate any scenic vistas. AGRICULTURE RESOURCES No Impact The Change of Zone will not degrade or eliminate any prime farmland or conflict with any existing zoning for agricultural use. AIR QUALITY Less Than Significant Impact The Change of Zone will not impact any air quality standards, nor will it result in a cumulatively increase the regional air quality. However, future development could impact the air quality. Grading activities will generate dust, smoke and odors. These impacts will be primarily short twin in nature, ceasing when construction is complete. Any new development would induce motor vehicle usage, which could detrimental effect to air quality levels. Individnnlly, this development will not have a significant impact on air quality in the South Coast Air Basin (SCAB), but the cumulative effects from the development of the site will contribute to the overall air quality problem in the SCAB. However, the establishment of commercial and industrial locations will increase shopping and job opportunities in the valley and increase the potential to reduce emissions. Trips will be shorter as valley residents will not have to travel out of the area. BIOLOGICAL RESOURCES No Impact The approval of the Change of Zone will not impact or offset any habitats. Furthermore, because many of the parcels are currently developed there will be no impact on endangered and/or threatened animals or their habitats as a result of the approval of the change of zone. CULTURAL RESOURCES No Impact Many of the properties are currently developed and the approval of the Change of Zone will not offset or destroy any historical or paleontological resources. Planning Commission Nearing July 12, 2000 2 GEOLOGY AND SOILS No Impact The sites are not located in a known seismic/fault hazard area. The sites are currently flat with no unique landforms or features.'; Approval of the zone change will not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death. HAZARDS AND No Impact Approval of the change of zone and the Conditional Use Permit will not increase the risk of upset, interfere with emergency response or adversely impact human health. HYDROLOGY AND WATER QUALITY No Impact The properties in question is located in Zones "X non -shaded", which is an area determined to be outside the 500-year flood plain. Additionally, future projects will generate site run off, which is considered to be local drainage flows. Facilities that convey local drainage to a regional system include local streets, ditches, open channels, and storm drains. Customarily, the entire cost of local drainage improvements is borne by the developer. On the other hand, regional drainage is the cumulative impact of local storm run off. Therefore, all local run off must be conveyed in a manner consistent wit the Regional Master Plan for the San Jacinto Area. LAND USE AND PLANNING No Impact The proposal involves a change of zone. The current zoning of the 12 properties is Two- family Residential which is inconsistent with the General Plan. The General Plan designation for these properties is Community Commercial. The proposals purpose is to change the current zoning to reflect the current General Plan designation. The surrounding area is in transition from residential uses to commercials uses. Additionally, approval of the zone change would create commercial and job opportunities for the surrounding neighborhood, and would not impact the existing land use patterns and/or community plans, environmental plans or policies. Planning Commission Hearing July 12, 2000 MINERAL RESOURCES No Impact Approval of the zone change will not generate a consumption or reduce existing ;mineral resources. NOISE No Impact Approval of the Change of Zone could cause a change in the intensity of the area and could impact the surrounding uses. However, any potential uses can be conditioned to mitigate any impacts. Hours of operation, construction of block walls, and installation o benns and landscaping can decrease noises to only be heard inside the project. POPULATION AND HOUSING No Impact The approval of the Change of Zone will not increase population and housing in the area. Additionally, the proposal is not expected to significantly decrease the supply of affordable housing in the community. Therefore, the proposal is not expected to affect population projections. PUBLIC SERVICE Less Than Significant The effects from the Change of Zone will place additional demands on existing public safety facilities and staffing levels. The most appropriate measures of adequate public safety services include: 1. Maintaining at least 1 sworn police officers per 1,000 persons; 2. Responding to all emergency fire calls within five minutes or less. Traditional funding sources for public safety service have been property and sales taxes. However, the revenue demands on the police and fire departments' 'operating and capital budgets exceed these revenue sources. Additionally, the additional vehicle trips generated by incremental development of the site increases the potential for automobile accidents or other emergency situations in the vicinity of the site further impacting public safety services. Therefore, any development will be conditioned to pay the Public Safety Equipment Fee, Public Safety Structure Fee, and Fire Station Mitigation Fee. RECREATION No Impact The approval of Change of Zone will not increase the demand on recreational resources. Planning Commission Hearing July 11, 2000 4 TRANSPORTATION / TRAFFIC Less than Significant The streets in the area include San Jacinto Avenue and Commonwealth Avenue. According to the San Jacinto General Plan, San Jacinto Avenue is designated as "Urban Arterial street with ultimate right-of-way dedication of 134'. Commonwealth Avenue is designated as an "Secondary Highway" with ultimate right-of-way dedication of 88'. Currently, both streets are under improved and dedication with improvements will be necessary when development occurs. Currently, the City Engineer conditions projects to dedicate and/or construct necessary improvements. Additionally, the traffic generated has the potential to impact regional roadways. Currently, any new development pays into the regional and local traffic mitigation fee. Construction of said improvements will 'be installed when warranted. UTILITIES AND SERVICE SYSTE No Impact The approval of a change of zone will not impact o equire additio Planning Commission Hearing July 12, 2000 5 LD. 0 ft i Bp t!ra O 1. 439-110-013 2. 439-110-035 3. 439-110-034 4. 439-110-033 5. 439-110-031 6. 439-110-030 7. 439-110-032 8. 439-110-014 9. 439-110-024 10. 439-110-025 11. 439-110-026 12. 439-110-027 C.ommoaniwiea1ith APPENDIX G Environmental Checklist Ec rm 1, project title: Change of Zone 2, Lead agency name and address: 3. Contact person and phone number: 4, Project location: APN NO.: See attached List 5 Project sponsor's name and address: Hsieh thin I in/city of Can ;Jacinto City of San Jacinto 201 E. Main St: San Jacinto, CA`92,R4' Dale Stubblefield 487-7330 6. General plan designation: Community Development 7. Zoning: Two Family Res. 8. Description of project (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) See Attached Environmental Review 9. Surrounding land uses and setting: Briefly describe the project 's: surround ings: See Attached Environmental Review 10. Other public agencies whose approval is required (e.g., permits, financing approval participation agreement.) See Attached Environmental Review ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Materials Agriculture Resources Cultural Resources Hydrology / Water Quality I1 Air Quality Geology /Soils Land Use / Planning 1 Final Text - October 26, 1998 Mineral Resources Public Services Utilities / Service Systems Noise Population ! Housing Recreation Transportation/Traffic Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) n the basis of this initial evaluation: EI I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. fI find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Dale Stubblefield Printed name June 27. 2000 Date City of San Jacinto For EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose 2 Final Text - October 26, 1998 sensitive receptors to pollutants, based on a project -specific screening analysis). All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or' less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially, Significant Impact" to a "Less Than Significant Impact." The lead agency must describe' the mitigation measures,' and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate; include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance Final Text - October 26, 1996 SAMPLE QUESTION Issues: I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? III. AIR QUALITY -- Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Less Than Significant Potentially With Significant Mitigation Impact Incorporation xx XX XX XX XX 4 Final Text - October 26, 1998 ay Conflict with or obstruct implementation of the applicable air quality plan? air quality standard or contribute an existing or projected air quality b) Violate any sbstantially`to violation? c) Result in a cumulatively (considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? CI) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL. RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or spe ialor rsta us specier es ibyn the local or regional plans, policies, California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural ies,rcommunit ordbntfi e ed in local or regional plans, po California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established or impede the Luse of native wildlife ive resident or anurserydcorridors,life sites? IXX 5 Final Text — October 26, 1998 e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic -related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18- 1-B of the Uniform Building Code (1994), creating substantial risks to life or property? XX XX XX XX XX XX XX txx 6 Final Text - October 26, 1998 e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VII HAZARDS AND HAZARDOUS MATERIALS -- Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII HYDROL 0CY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or waste discharge requirements? XX Ixx (XXI 7 Final Text - October 26, 1998 b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, avoiding zoningzordinance) adopted for the purpose 9 mitigating environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? XX XX XX XX XXX XX XX XX� 8 Final Text - October 26, 1998 X. MINERAL RESOURCES-- Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a ld aln a i oval ant mineral resource recovery general plan, specific plan or other land use plan? XI NOISE -- Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in standards local goeneral other plan or noise ordinance, or applicable agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodicdicinity increase in levels ambient noise levels in the project existing without the project? e) Fora project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? I. POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth in ew area, and either directly (for example, by proposing roP g businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace Sthetantial constructionumbers ofof repl l(cement housing ng housing, necessitating elsewhere? c) isplace of the Dconstruction substantial of rplacementshousing pelsewhere?acing 9 C L Li vs U XX ri 521 XXI Final Text - October 26, 1998 XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. RECREATION — a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? IXX XX XX XX XX XX XX XX 10 Final Text - October 26, 1998 g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts," bicycle racks)? XVi. UTILITIES AND SERVICE SYSTE Would the project a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? I II T XX XX XX 11 Final Text - October 26, 1998 XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce The number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact 12 Final Text - October 26, 1998 '.I MINUTES REGULAR MEETING SAN JACINTO PLANNING CO SSION July 12, 2000 - 6:30 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California 1.0 ORGANIZATION 1.0 CALL TO ORDER Commissioner Tavenner called the Regular meeting of the San Jacinto Planning commission to order at 6:33 p.m. at the Board Room of the San Jacinto Unified School District Offices at 2045 South San Jacinto Avenue, San Jacinto, California. The pledge of allegiance was led by Commissioner Brown Commissioners Present: Brown, Tavenner, Warneke and Dunlap Commissioners Absent: Meadows 2.0 LATE ITEMS None 3.0 ORAL COMMUNICATIONS None 4.0 CONSENT CALENDAR 4.1 Approval of Minutes of the Regular Meeting of the Planning Commission of April 12, 2000. 4.2 Approval of Minutes of the Regular Meeting of the Planning Commission of May 10, 2000 with the correction to change the date to May 10, 2000. 4.3 Approval of Minutes of the Regular Meeting of the Planning Commission of June 7, 2000. Attorney Martinez indicated the minutes of April 12, 2000 on page 3, paragraph 4, and was incorrect. It should have read as follows: Planning Commission Page 1 July 12, 2000 Attorney Martinez indicated the Planning Commission could generally impose Conditions of Approval if there is a reasonable relationship between the conditions and the impacts created by the projects. M/S/C (DUNLAP/BROWN) to approve Consent Cale with the modifications of Attorney Martinez. Ayes`. Dunlap, Brown, Warneke Noes: Tavenne dar Item No.'s 4.1, 4.2, and 4.3 4.4 Approval of an extension of one-year time for the current Tentative Tract Map No. 28858 for Engineering Resources of Southern California, Inc., on behalf of McCleish Group. 4-0 M/S/C ( Ayes: ARNEKE/BROWN) to approve Consent Calendar Item No. 4.4. Dunlap, Brown, Warneke, Tavenner 5.0 CONTINUED PUBLIC HEARINGS None 6.0 NEW PUBLIC HEARINGS 6.1 Change of Zone 2-00 Applicant: Hsiuh Chin Lin/City of San Jacinto A proposal to change the zone from R-2 (Two Family Residential) to C-2 (General Commercial) for 12 properties encompassing 7.25 acres and located approximately 600 ft east of San Jacinto Avenue on the north side of Commonwealth Avenue. Information Planner Stubblefield indicated the change of zone is appropriate to ensure the consistency of site zoning with the general plan. He recommended the Planning Commission adopt Resolution PC 00-06 recommending that the City Council Adopt the Mitigated Negative Declaration and approve Change of Zone 2-00. Commissioner Warneke asked if Mr. Lin owned all 12 properties. Planning Director Hults indicated he owned parcel No. 1. Planning Director Hults explained that the City expanded the zone change so that all the properties in the area are consistent with the general plan. Commissioner Tavenner inquired as to why this action could not be delayed until after the update to the general plan is completed. Planning Commission Page 2 July 12, 2000 Planning Director Hults'answered that this area will remain commercial due to the existing and recent commercial land uses in this area. Commissioner Tavenner opened the public hearing. s regarding the relationship between his and Mr. Charles Urick Jr. expressed conce Rite Aid's property line. Attorney Martinez stated that his concerns were a civ worked out between Rite Aid and himself. Commissioner Tavenner directed Mr. Urick to work and closed the public hearing. M/S/C (DUNLAP/BROWN) to adopt Resolution No. 00-06 recommending` that the City Council adopt a Mitigated Negative Declaration and approve Change of Zone 2- 00, subject to the Findings of Fact. Ayes: Tavenner, Brown, Dunlap, Warneke Noes: None matter, and would have to be th staff for further assistance, Planning Commission Page 3 July 12, 2000 FINDINGS OF FACT The subject site is located within a known "X (Non -Shaded)' Flood Zone. The existing General Plan is Community Commercial The existing zoning is`R-2 (two-family residential). The proposed change of zone is in accordance with the objectives of General Plan. The proposed change of zone will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity Planning Commission Page 4 July 12, 2000 TO:' FROM: September 6, 2000 AGENDA ITEM 4.1 The Honorable City Council Jake Wager, City Manager SUBJECT: Approve Implementation P RECOMMENDATION: an for City Council Goals and Objectives By motion, approve the City Manager's Implementation Plan for the City Council Goals and Objectives. BACKGROUND: At the August 3' Council meeting, a draft Implementation Plan of the City Council's Goals and Objectives was presented for the Council's consideration. In the Administrative report, staff indicated that this item would be returned to the Council for approval at the first regular meeting in September. As of the date of preparation of this administrative report, no comments have been received from the Council. A request was made to prepare a matrix of the information contained in the implementation plan. The concept of the matrix is to allow the reader to identify the topic, its current status, and the ultimate due date, all at a glance. The matrix is attached and will be updated for inclusion in each successive Council Agenda packet. JUSTIFICATION: A plan must be approved in order to track down the progress of the Goals and Objectives of the City Council. BUDGETARY IMPACT: Some of the expenditures related to the Council's Goals and Objectives have already been identified in the current Fiscal Year 2000-2001 Annual Budget. Implementation Plan Matrix INTRODUCTION TO IMPLEMENTATION PLAN On April 22, 2000, the City Council of the City of San Jacinto participated in a Team Building Workshop. One specific result of the Team Building Workshop was the development of a list of priorities.This document attempt to define in draft form the implementation of the Council's priorities. The structure of this Implementation Plan follows the City's organizational chart. So while originally a priority may have been designated under Capital Improvement you may find it under Community Development (i.e., Gateway/Monument Sign). CITY MANAGER'S OFFICE FINANCIAL PLAN This topic relates to the financial difficulties currently being experienced by the City of San Jacinto with respect to Community FacilitiesDistrict No. 2 (Rancho San Jacinto). and Assessment District 87-1 (former Scripps Center area on Ramona Expressway and Seventh Street). Based on the Council's directive CFD No. 2 has the highest priority given the complexity of the issues, the real cost being borne by the City, the large number of affected parcels, and again the large number of impacted homeowners. At this time, Best Best & Krieger is actively pursuing the necessary foreclosures. Additionally, a master developer is engaged with city representatives and a full workout exists in concept. A meeting was held with the City's financial advisor and legal counsel the week of July 24, 2000 to brief the City Manager on the current status. From this discussion, a recommendation was made to call a special Council meeting for August 8, 2000. At that Council meeting a draft Memorandum of Understanding between the City and the Elliot Group will be discussed. The next step will be to round out the team needed to finalize the workout solution. The City must retain a bond underwriter to assist in the potential refunding of the outstanding bonds. ' It is anticipated this will occur in the month of September. The target date for completing the workout remains December 2000. Although a bit less daunting Assessment District 87-1 also requires a final workout. Staff is presently in contact with a prospective master developer who is pursuing multiple avenues that will, if successful, resolve this outstanding issue, No firm dates have been provided to staff. Given our limited staff resources, our focus will continue to be on CFD No. 2. As time allows, efforts to work with the prospective 87-1 developer will continue. OPERATIONAL ASSESSMENT Closely related to a specific financial plan is the City of San Jacinto overall ability to manage in a proper and effective fashion all city financial matters. Given the general upheaval staff turnover experienced in the Finance Department and the passage of time since the City of San Jacinto has had a permanent Finance Director, it may be advisable to consider conducting an operational assessment of the Finance Department. Such an assessment would review internal controls, compliance with City Ordinances governing financial operations, as well as staffing needs. It may be particularly helpful to take holistic look at the financial management processes and procedures utilized by the City of San Jacinto if that is linked with a successful conclusion of the recruitment for a new Finance Director. However, this is not an inexpensive review. In discussing such an operational assessment with an accounting firm experienced in such work, the estimate for services is S10,000 to $25,000. Having the above -described assessment in hand could act as a blueprint for action for a newly hired Finance Director. STAFFING PLAN The City Council has recognized that a key to carrying out many of the priorities is to have the right amount of staff and then allocate that scarce resource in the most judicious fashion possible.With respect to any analysis that would relate to the development of a staffing plan, I am recommending that this be deferred. In the immediate future efforts need to remain focused on completing the recruitment of the Senior Management Team.'' This includes a new Police Chief, a new Finance Director, and a new City Clerk. It is anticipated that the Police Chief and Finance Director will now come `aboard by mid Fall 2000. The City Clerk would join the team approximately thirty days later (based on favorable action by the Council on August 3, 2000 for a revised job description). Currently underway are several miscellaneous employee recruitments (Maintenance Worker and Administrative Clerk). The Economic Development Specialist job description will also be before the City Council on August 3, 2000. There are several other Council priorities that will be affected based on how quickly staff can fill the Economic Development Specialist position. With respect to Public Safety, the Police Department has been asked to initiate an active recruitment effort to fill two positions. It is expected that process will be completed in 90-120 days. Additionally, staff is at the background check level for one other Police Officer position. This position could be filled within forty-five days. The Council also authorized an additional position with the Fire Department. It is anticipated that this position will be filled within the next sixty days. However, I am sure Council will recognize that since this is a contract -based relationship, the City's ability to influence or expedite the process is limited. Returning to the creation of a staffing plan, a couple of additional points need to be raised. Prior to the articulation of a staffing plan, I believe a few essential pieces need to fall into place. Foremost is our ability to flesh out the entire Management Team. In addition there arc several vacancies that will be filled in the near term as well as several new positions, which will also soon be filled. Developing a staffing plan prior to our ability to discern the impact of all these hires and the identification of issues resulting from operational assessments might be premature. I instead would counsel that this matter be tabled and that if any critical staffing needs become apparent these can be addressed through next year's budget process. 3 REVIEW OF ALL CITY AGREEMENTS The City Council has prudently requested that all current City agreements and contracts be reviewed by the City Attorney. The purpose of such a review would be to ascertain he compliance of any such agreement/contract by all involved parties. This project has been underway since early May 2000. The project has turned out to be larger in scope than previously anticipated. Staff has been working with the individual assigned to this project by Best, Best & Krieger. ' One effort being made currently to expedite the completion of this project is for City staff to act as an initial screen on the numerous agreements and contracts in order to separate current agreements from those that are completed or that have expired. The anticipated completion date for this exhaustive review is the end of the year 2000. The end product will be a matrix detailing pertinent information, highlighted dates relating to performance and actions requiring monitoring. WATER ISSUES At this time there appear to be three distinct issues relating to water. The first being a review of the City of San Jacinto's Water Fee Schedule. As of the date of preparation of this document, the water fee study is complete and will be presented to the City Council for discussion on August 3, 2000. In summary the study concludes that the City of San Jacinto 's water connection fees are substantially lower than surrounding water agencies and that the rates do not allow for the development of a capital improvement fund to be used to address future growth needs. The next issue that is currently being reviewed relates more to internal practices and policies relating to utility billings (late payment penalties, shut-off charges, etc.). The results of this review will be presented to the City Council on September 7, 2000. The last water related issue to be discussed relates to the development of a basin management plan for water recharge purposes. The development of such a plan involves four water agencies (City of San Jacinto, City of Hemet, Lake Hemet, Municipal Water District, and Eastern Municipal Water District). On August 3, 2000 a new effort (previous efforts have stalled for a variety of reasons) will formally begin with a meeting of the four agencies. Representing the City of San Jacinto will be Council Members Conner and Carlson Buydos. The items set for discussion can be categorized as elementary in nature. In essence they are considered as a foundation from which more detailed discussion can build from. From my perspective, the paramount issue will be a governance agreement wherein all the agencies involved will agree to a power sharing agreement. If it was not obvious before, a recent court case suspending a large development in Valencia, water availability will ultimately play a critical role in the future development of the San Jacinto Valley. Perhaps even more critical will be what entity will control the supply and distribution of future water needs in the San Jacinto Valley. Given the history of 4 water use agreement it is impossible to provide a timeline for a possible resolution to this highly complex and controversial issue. I do however recommend that the City Council consider having a closed session workshop on water litigation issues in the Fall of 2000. COMMUN TY PROMOTIONS One element of economic development entails strengthening a community's image both externally and internally. Community events are certainly one vehicle that can be used to raise general name recognition.' Without discounting the inherent value of such efforts, given the large number of fundamental issues already faced by the City of San Jacinto, community promotions must be viewed as a lower priority. In' addition, the team still being assembled needs to have an opportunity of familiarizing itself with the community and what resources may exist that can be capitalized on. Having made that statement, this does not mean that zero efforts will be expended. Opportunities already do exist that offer small but potentially rewarding results. By way of example, the Estudillo Mansion offers opportunities at this time for internal community image building events. Later in time as this project continues to develop, larger events (having a more regional appeal) can build on earlier efforts. Staff needs to begin formulating recommendations for policy issues relating to usage of the Estudillo Mansion. I expect some early recommendations may be forwarded to the City Council by the end of Year 2000. Other opportunities will also continue to present themselves. Some of these may be singular instances which momentarily heighten the community's profile. An example of this will be the opening of the Lake Park Drive Bridge. Vice Mayor Ayres is already working on various ideas for the celebratory event. Staff resources have been made available to him to assist in this effort. Community promotions are by their nature creative efforts. It has been my experience that the most creative ideas come from circumstance in which ideas are bounced off of each other. Here is one such idea, on December 31, 1999 the City of Bakersfield celebrated the advent of the new year by hosting First Night®. This is a non-alcoholic, family oriented New Year's Eve celebration centered on the arts. It is a dynamic event involving all ages, and all art forms (display, music, poetry, story telling, sculpture, etc.). The event started in Boston in 1976 as part of the nation's Bicentennial celebration. Today over 200 communities nationwide have joined in a new tradition of celebrating the New Year. Given the cost and complexity of organizing this event, most participating communities engage in a year long process. If the Council wishes, staff would initiate preliminary conversations in January 2001 with community groups and individuals in order to ascertain if sufficient interest exist for such an event to be held December 31, 2000. 5 INTERAGENCY 'RELATIONS ntaining a positive relationship with existing and future partners is rightfully identified as a Council priority. Interagency relations are also a way of raising the City of San Jacinto's profile. In my brief tenure, I have already participated in a number of regional meetings. I expect to further energize these types of contacts as time progresses. As my familiarity with issues and personalities continues, I hope to be able to speak in a stronger voice and provide the best professional representation on behalf of the city of San Jacinto. Since this is an on -going issue there is no specific timeline for accomplishments. This too is an on -going process. It is unclear to me at this time if a plan will emerge addressing this matter. What I do envision is that the senior management team including myself will commit to the City Council that customer satisfaction is a high priority. It is my expectation that this top down commitment to customer satisfaction will have a positive effect on all City of San Jacinto employees. By top -down commitment, I mean that the entire senior management group not just supports the concept of customer satisfaction but that it leads by example. Increased customer satisfaction can be achieved in numerous ways such as improved hours for the public to access to City services; the development of other portals for public access to City services (i.e., internet); the provision of rapid and reliable responses to public inquiries; and the development of materials designed to help citizens better understand how this municipality carries out its services. I believe that selling a continuing effort to improve levels of customer satisfaction is achievable, if it can be shown that with success comes improved efficiency (giving the right answer the first time eliminates repetitive and corrective efforts), improves unit morale (we are good), and provides a more positive work environment (less stress). As indicated earlier this will be an on -going everyday effort. Because of this there is no date for project completion. BRICK AND MORTAR PLAN Currently there is a fund balance of $690,500 in the Capital Improvement Reserve. The City Council had asked to review what options exist to provide additional office space at City Hall. Staff is currently developing those options and anticipates making a presentation to the City Council on August 17, 2000. Additionally, these funds may also he utilized to assist in the development of City -owned land for industrial purposes. 6 The City Councilidentified threespecific issues as requiring attention. Of the three issues two can be viewed as being of an internal nature. Those two issues are the need for additional rehabilitative work on the Police Department facility and developing a San Jacinto PAL program. In regards to the desired rehabilitation work, the Fire Department may be able to vacate space within the Police Department complex. This could occur in the relative short term. When this occurs, staff will then be able incorporate this additional space into the overall space needs of the Police Department. Given the fact that the Fire Department must receive approval through their internal process, it is difficult to establish a firm time frame. The PAL program is moving forward. The necessary paperwork has been submitted to the State PAL Program. Initial steps have already been taken for the use of school facilities. On July 30, 2000 an initial clean up of the proposed facility at Monte Vista Middle School will take place. The PAL Board of Directors is considering a grand opening in mid -to -late August. Finally preliminary contacts have been made with the San Jacinto Unified School District to discuss a strengthening of the relationship with the City of San Jacinto's Police Department. In early August 2000, the Interim Police Chief and the City Manager will meet again with senior district personnel to fully activate discussions centered on the establishment of a DARE program, and funding options for the creation of a School Resource Officer (SRO). The goal of these discussions will be to arrive at an affirmative conclusion prior to the end of the year 2000. COMMUNITY DEVELOPMENT DEPARTMENT GENERAL PLAN UPDATE Since April 22, 2000 significant progress has been made towards satisfying the Council goal of updating the City of San Jacinto's General Plan. In early July 2000 the City Council selected Cotton Beland Associates, Inc. to assist in this update. Over the next few months the public outreach effort will be energized. The outreach effort is intended to maximize input from San Jacinto residents and property owners. A more rifled approach will also take place with the selection of a General Plan Advisory Committee. At this point staff is prepared to start recruiting prospective candidates for the Advisory Committee, Staff is recommending that the Advisory Committee be limited to no more than nine individuals representing San Jacinto's diverse interests such as the development industry, single family property owners, residential tenants, business owners, as well as other interested groups. Staff anticipates asking prospective candidates to complete. an application and to then be available for an interview to be conducted by the Council's General Plan Committee (Vice Mayor 7 Ayres and Council Member Carlson Buydos). Following the interviews, recommendation would be forwarded to the City Council for consideration at the September 7, 2000 meeting. With respect to the balance of the process it is anticipated that the draft environmental document as well as the Draft General Plan will be available in late Spring 2000 for review. The estimated completion date for the entire process is set for the Fall of 200E Staff further anticipates keeping the City Council informed on the progress being made through the weekly general information memo as well as scheduling formal City • Council updates at regular intervals (every'5"' Council meeting, following September 7, 2000) . FLOOD CONTROL MASTER PLAN The Council also identified an updating of the City's Flood Control Master Plan as a priority. One of the components of the General Plan update does include an analysis of existing master plans (Sewer Master Plan, Water Master Plan, and the Flood Control Master Plan). This review will determine the adequacy of all of the above listed plans. Should any revisions be necessary staff would bring this forward to the Council for consideration. This would occur in the Spring of 2001. DEVELOPMENT IMPACT FEES Demonstrating the critical role played by a City's General Plan is that again as part of the General Plan update process a review of the City of San Jacinto's development impact fees will be conducted. The City's impact fees currently being assessed were established in the late 1980s or early 1990s. The review will not be sufficiently exhaustive to use as justification for any adjustment. However that review may indicate that an adjustment is warranted. At this time, staff is proceeding with the supposition that a through analysis is warranted and the cost for that analysis (estimated at $50,000 — 60,000) will be built into the FY 2001-2002 budget. REDEVELOPMENT PLAN The City Council expressed as one of its priorities a desire to revise the City of San Jacinto's Redevelopment Implementation Plan. Once again there is a natural tie-in to the updating of the City's General Plan. As the City Council is aware, Redevelopment Plans must be consistent with a city's General Plan. More specific to San Jacinto, the Redevelopment Plan limits the agency's ability to incur debt up to the year 2003. Obviously, this has the potential of a seriously impacting the agency's ability to influence and participate in future development. I am therefore recommending that immediately following the adoption of an updated general plan, the agency initiate an amendment to the Redevelopment Plan and incorporate within that amendment the necessary revisions to the agency's implementation plan. 8 INFILL DEVELOPMENT STANDARDS Recognizing the difficulty of applying modern land use planning approaches to older urban areas, the City of San Jacinto has a two -pronged approach to assist in the revitalization of the downtown core area. The first is the adoption of a revised zoning overlay that takes into consideration the unique physical attributes and limitation of the downtown area. The second aim' of the approach is the creation of a new of infill development standards. This work is currently under way and should be completed in draft form by November 2000. At that time the standards will be forwarded to the Planning Commission for action. Following the Planning Commission's approval, the standards will then be brought to the City Council for consideration. Estimating that date from this vantage point is difficult in that the time needed for evaluation by the Planning Commission is unknown. GATEWAY IMPROVEMENTS Since April 22, 2000, good progress has already been made on developing a monument entry sign at San Jacinto's gateway. On July 20, 2000, the City Council approved the monument entry sign concept and authorized the development of construction drawings. That effort should conclude by August 151' with construction anticipated to start October 15, 2000. MISCELLANEOUS DOWNTOWN IMPROVEMENTS Adding to the efforts to improve the downtown through a revised set of zoning law changes and new infill development standards, are some actual physical improvements suffering from deferred maintenance. Staff anticipates being able to start developing a comprehensive strategy, which encompasses substandard housing, property maintenance standards, abandoned vehicle abatement as soon as the Economic Development Specialist is aboard. This position will significantly affect staffs ability to address a number of pending issues. Efforts should commence by mid Fall 2000. The City Council has already commissioned a landscape architect to develop plans for landscaping and street furniture for placement on Main Street between Jordan and San Jacinto Avenue. Conceptual plans are due to the City Council on September 7, 2000. Another high visibility downtown improvement is the signalization of "Five -Points," this is scheduled to occur by mid -Spring 2001. Lastly as the Council is well aware significant progress is being made at the Lake Park Bridge. As reported at the July 20, 2000 City Council meeting, this project is two weeks ahead of schedule. 9 INDUSTRIAL PARK CONCEPT Over the next sixty days, the City Manager, City Engineer, and Planning Director will begin assembling a conceptual layout for a proposed industrial park on City -owned property. It is anticipated that the conceptual plans will be available for review by City Council shortly after November 1, 2000. COMPREHENSIVE PROPERTY IMPROVEMENT STRATEGY One of the issues raised at the April 22, 2000 workshop was the development of a more comprehensive effort to improve the overall appearance of the City of San Jacinto particularly older neighborhoods. If staffs efforts are successful work would then include repaving San Jacinto Avenue between 'Idyllwild Drive and Ramona Expressway. Construction is scheduled to commence in late August 2000. Along a similar vein, work on Lyon Avenue is approximately one year out. Sidewalk improvements are also scheduled for State Street. These improvements are being funded by a Caltrans grant. A submittal to Caltrans is scheduled for mid September with construction to follow in April 2001. This represents the first project of the Corridor Improvement Program. Based on recent discussion with Flood Control, the Line "E" Project construction has slipped to March 2001. Right-of-way negotiations will be underway within the next forty-five days. In September Council will be asked to consider a request for an export permit relating to Line "E", on behalf of Eastern Municipal Water District. ENGINEERING DEPARTMENT STREET IMPROVEMENTS On April 22, 2000 the City Council identified a number of streets as requiring immediate attention. Staff has subsequently begun working on addressing that need. The first proposed action is scheduled for the August 3, 2000 City Council meeting at which time staff will ask for authorization to bid scheduled improvements for Ramona Boulevard and Young Street. Construction on these improvements would commence in early October. On San Jacinto Avenue, the City Council recently approved the construction of a waterline and associated repaving. Staff is working with Riverside County in an effort to persuade them to also participate in paving San Jacinto Avenue. 10 SAN JACINTO LEVEE This project would extend permanent levee 1000 ft east of State Street in a westerly direction to west of the Centennial Bridge. City Council retained the services ` of a consultant to assess the flood risk from the San Jacinto rRiver. That report is due in approximately two weeks. As a cautionary note, preliminary reports do not show the potential for substantial damage to existing development. 11 TO: The Honorable City Council FROM: Interim Finance Director SUBJECT: Introduce Ordinance 1082 amending the Municipal Code and Adopt Resolution No. 2265 Reestablishing Water Rates and Related Policies RECOMMENDATION: 1. By motion, waive the reading in full and read by title only Ordinance 1082. 2. By motion, introduce Ordinance 1082 amending the Municipal Code. 3. By motion, adopt Resolution No. 2265 reestablishing water rates and related policies. BACKGROUND: This matter began with a discussion of water billing practices, policies and procedures and how they related to the loss of revenue to the Water Enterprise Fund. These recommended actions address the following specific areas: 1. Some past policies related to collections and delinquencies had resulted in loss of revenue. Staff previously requested Council to suspend the existing policies until staff could propose some workable solutions. The recommendations address those issues and put in place policies that are reflective of actual practice and that are programmed into the utility billing system. 2. Some clean up language was needed in the Municipal Code in the areas of notification of non-payment, discontinuance of service and landlord responsibility for non-payment by tenants. 3. There are a number of charges and fees that were previously contained in an ordinance that were deleted in the codification process. These charges and fees are included in Resolution No. 2265. The first sentence of Section 13.08.020 of the Municpal Code, titled Outside -city service, reads "The rates and compensation to be charged for water furnished outside the city by the city for family, private, public, municipal and other purposes shall be fixed from time to time by resolution." Resolution No. 1766 was the last one to establish outside -city rates. Section 7 of that resolution read "Pursuant to Council Policy, no new water service shall be installed outside the City limits after the effective date of this Resolution." Resolution No. 2073, adopted October 20, 1992, repealed Resolution No. 1766 and established one set of water rates. Section 2 of Resolution No. 2073 reads "The City of San Jacinto shall charge and collect from each subscriber to water service amounts according to the following rates:" t appears, on the surface, that the Council made a conscious decision t0 discontinue the ate differential for service outside the City. On the other hand, neither the staff report on the agenda item nor the minutes make any specific reference to discontinuing the outside differential rate, so it could have been an oversight on the part of staff. Additionally, Section 13.08.020 of the Municipal Code was not repealed. Staff requests direction from the City Council whether to bring hack outside the City differential rates or an amendment to the Municipal Code requiring annexation to the City in order to receive water service. JUSTIN ICATION: The recommended actions will update and solidify the billing and collection process . BUDGETARY IMPACT: There is no budgetary impact from this action, but it will give staff the authority needed to collect fees and penalties. ATTACHMENTS: 1. Ordinance 1082 2. Resolution No. 2265 RESOLUTION NO. 2265 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ADJUSTING WATER RATES AND OTHER WATER AND SEWER RELATED FEES WHEREAS, the water rate structure currently established for subscribers of water through the water system of the City of San Jacinto is contained in Resolution No. 97-18, and WHEREAS, the City of San Jacinto has caused to be prepared a Master Plan of the City's water service area, which identified capital improvement needs required for both current development and future development; and WHEREAS, the City Council supported a multi -year water rate increase schedule to keep water rate increases to more manageable increases; and WHEREAS, the City Council desires to provide quality water at a competitive price to the citizens of the City of San Jacinto. THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of San Jacinto adopted the following: Section 1. That Resolution No. 97-18 is hereby repealed. Section 2. The City of San Jacinto shall charge and collect from each subscriber to water service amounts according to the following rates: A. Minimum Rate - A monthly base charge according to the size of the subscriber's meter as follows: Meter Size Basic Monthly Charge 5/8" $9.93 3/4" $9.93 $15.52 1 1/2' $29.81 2" $44.72 3" $47.83 4' $81.99 6" $149.07 8" $216.15 Construction $41.60 Consumption Charge - All customers shall pay the following rates on all water consumed in addition to their monthly base charge: For meter size 5/8" and 3/4" 500 - 1,500 cf 1,500+ cf $0.99 per 100 cf $1.37 per 100 cf For meter size 1" to 2" 0 - 2,000 cf 2,000+ cf $0.99 per 100 cf $1.37 per 100 cf For meter size larger than 2" For all water consumed, the charge shall be $1.05 per 100 cf For Construction Meters For all water consumed, the charge shall be $1.27 per 100 cf C. Temporary Meters - A rental fee of $36.00 per month, plus a charge of $2.50 per day, shall be imposed for each temporary meter in addition to a consumption charge of $1.37 per 100 cf of water used during the rental period. Deposits for temporary meters shall be $450.00. Meter relocation fee of $25.00 per move. Fire Meters - The rate shall be the same basic monthly charge depending upon size of meter. Section 3. The rates established in this resolution shall be effective upon the monthly billing period which commences in July, 2000, billed in August, 2000. All subsequent annual rate increases shall become effective July 1, of each successive year and shall apply to the water consumption in the preceding billing period. Section 4. All monthly charges and consumption rates shown above shall be increased annually by the following percentages: 2001-02 2002-03 2003-04 +7.5 % +7.5% +5% 2004-05 2005-06 2006-07 +5% +5% +5% Section 5. The following are delinquent penalties and special charges: Deposit Single Family Residential Multi -Family Residential Commercial Deposits to be increased to the equivalent of two months average billing upon any delinquent payment. Delinquent Penalty 48 Hour Shut Off Notice Water Reconnect Fee Tampering Fee Water Meter Reinstallation Fee Meter Valve Replacement Fee Emergency Water Turn On Fee (Applies to requests for same day service received after 3:00 P.M.) Emergency Shut Off Fee Collections Charges (Applies to all accounts that are delinquent 30 days or more) Returned Check Charge Special Utility Account Research Fee (Administrative charge for special requests for utility account research beyond the basic billing reports currently generated by the system) Meter Installation Charge Currently As Follows: 3/4" 1" 1-3/4" 2" 4" $400.00 $500.00 $750.00 $1,000.00 $2,000.00 Meter Testing (If requested by consumer) $25.00 $50.00 $50.00 per unit $100.00 10% of Total Utility Bill $25.00 Flat fee $50.00 Flat fee $50.00 Flat fee plus actual cost of damages $50.00 Flat fee $75.00 Flat fee $50.00 Flat fee $25.00 Flat fee $35.00 Flat fee $35.00 per check $35 per hour Per Ordinance Damages to any city property shall be charged actual cost. APPROVED AND ADOPTED this 6`h day of September, 2000, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Patrick A. Williams, Mayor ATTEST: Grace Alvarez, City Clerk TO: FROM: The Honorable City Council Jake Wager, City Manager SUBJECT: Provide Direction to League of California Cities Delegates Regarding Vo Resolutions Affecting the City of San Jacinto RECOMMENDATION: ing on Provide direction to Voting Delegates, Mayor Williams and Council Member Conner for the League of California Cities Annual Conference. BACKGROUND: On July 6, 2000, the City Council appointed Mayor Williams as the City's voting representative and Council Member Conner as an alternate to be present at the League of California Cities Annual Conference in Anaheim, California on September 7 through September 9, 2000. At each annual conference, delegates are asked to vote on a series of resolutions. These resolutions are directed at achieving one of the following objectives: a. Focus public or media attention on a issue of major importance; b. Establish a general direction for the League around which more detailed policies may be developed; c. Consider important issues not adequately addressed by the League's Board or its policy committees; d. Amend League By -Laws (2/3 vote of delegates). The Council may wish to instruct its delegates (Mayor Williams and Council Member Conner), on the Council's preference with respect to the proposed Annual Conference Resolutions. In an effort to assist the Council, staff has reviewed the thirteen Annual Conference resolutions submitted for consideration. None of the thirteen are found to be objectionable. Of the thirteen Resolutions slated for a vote, staff had specific comments on five proposed resolutions. Those resolutions and comments are as follows:' Resolution No. 8 (Kaenel). This Resolution recommends changes in waste management legislation. It proposes emphasizing implementation rather than relying on mathematical accounting for purposes of assessing waste reduction compliance. It also recommends use o non -burn transformation technology, which is currently prohibited. Resolution No. 9 (Wager) this Resolution recognizes that non -point source pollution is a problem created by all of us and that its resolution should be shared by all. Recently, we saw an instance where the California Regional Water Quality Control Board (Santa Ana Region) was proposing rather draconian measures relating to storm run-off. These rules would have impacted quite dramatically San Jacinto's future development. The burden was being imposed on upstream agencies as opposed to all concerned parties. Resolution No. 10 (Kaenel) this Resolution recommends legislation requiring bottlers to use more recycled plastic. This effort could help create additional demand for recycled plastic thus expanding the market for recycled plastic. Resolution No. 11. (Hults) this resolution regulates mitigation of primary and secondary school facilities impacted by new development. The proposed resolution, if implemented, would enforce the terms of the Cooperation Agreement between the City and the School District and would reduce potential liability for conditioning new construction to mitigate impacts on the district. Resolution No. 13 (Backlund) speed of motorists continues to be a priority topic at neighborhood meetings. This resolution supports legislation to allow local governments ability to double fines in school zones. Staff did not review the proposed by-law changes of the League of California Cities. Should the Council desire, they may wish to comment on those proposed By -Laws. JUSTIFICATION: By providing direction to delegates, the City Council unanimously would participate as a whole in the resolutions being voted on at this Annual League's Conference. BUDGETARY IMPACT: The following Budget Account Funds could be utilized to offsetthe expenses associated with the registration fees and lodging of the City's Delegates: Fund 010-2500-425-3100 - Non Departmental $155,00 Fund 010-1100-411-3100 - City Council Travel, Conferences, and Memberships - $2,020.00 Fund 096-9700-470-3100 - Redevelopment - Travel, Conferences, and Memberships - $2,020.00 ATTACHMENTS: 1. League of California Cities Resolutions 2. League of California Cities By -Laws Note: The times for policy committee meetings published in the Annual Conference Resolutions packet was inaccurate. Listed below are the correct committees and times. Please note the changes when making plans to attend policy committee meetings. This replaces page iv in the Annual Conference Resolutions packet ill. LOCATION OF MEETINGS Policy Committee meetings will be as follows: Wednesday, September 6, 2000 -- 3 p.m. and 4:30 p.m. Anaheim Hilton & Towers 777 Convention Way Anaheim Policy Committee Thursday Committees Administrative Services Housing, Comm. & Econ. Development Environmental Quality **(TCPW will not meet) Friday Committees Employee Relations Community Services Public Safety **(Revenue and Taxation will not meet) Time 3 p.m. 3 p m. 3 p.m 4:30 p.m. 4:30 p.m. 4:30 p.m. > > > > > > > > > > > > > > > > > > > > > > >> > > > > >> > > > > > > > > > General Resolutions Committee (Friday, September 8, 2000 at 9 a.m.) Anaheim Convention Center > > > > > > > > > > > >7, > > >7, > > > > > > > >9 > > > > General Assembly at the Annual Business Meeting (Saturday, September 9, 2000, at 9 a.m.) Anaheim Convention Center > > > > > >> > > > > >>> > > > > > > > > > >> > > > > > > > > > > > > > > iv EMBERS OF THE LEAGUE BOARD 0 3CTORS MEMBERS OF LEAGUE POLICY CO EES MEMBERS OF GENERAL RESOLUTIONS COMMITTEE Note to City Managers and City Clerks: Please make immediate distribution to the mayor and to other city officials planning to attend the 2000 Annual Conference. If additional copies are required, we urge you to reproduce them in your city or, print a copy from the League's CITYLINK Web site (httpa/ WWW cacities.org), click on "What's New". Additional copies are not available from the League, but a limited number will be available at the Conference RE: TRANSMITTAL OF LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE RESOLUTIONS Th II. packet contains: Information and Procedure Guidelines for Annual Conference Resolutions III. Location of Meetings IV. Membership of General Resolutions Committee V. Preliminary History of Resolutions VI. Annual Conference Resolutions * * * * * * * * * * * * * * * * * * * * * * * * * PLEASE BRING THIS PACKET WITH YOU TO THE ANNUAL CONFERENCE — — September 7-9, 2000 Anaheim -- -- -- * * * * * * * * * * * * * * * * * * * * * * * * * * . INFORMATION AND PROCEDURE Resolutions Contained in this Packet. The League bylaws provide that resolutions shall be referred by the president to an appropriate policy committee for review and recommendation. Resolutions with committee recommendations shall then be referred to the General Resolutions Committee at the annual conference. This year 13 resolutions have been presented for consideration by the annual conference and referred to the League policy committees. Each of the policy committees met August 3 or 4 to review proposed resolutions and to formulate preliminary recommendations prior to the annual conference. The sponsors of the resolutions were notified of the time and place of those meetings. This packet contains a copy of all resolutions that have been received and assigned to policy committees. The source of the resolutions, the policy committees to which they were assigned, and the preliminary recommendations of the policy committees to the General Resolutions Committee are indicated. The recommended actions reported in this packet are preliminary. Consideration of Resolutions at Conference. Another meeting of policy committees will be held at the annual conference on Wednesday, September 6. The location for each of these meetings is shown on page iv. During these hearings, any city official wishing to discuss any resolution will have an opportunity to address the policy committee concerned. The General Resolutions Committee will meet at 9 a.m. on Friday, September 8, in the Anaheim Convention Center, to consider the reports of the policy committees, The committee includes one representative from each of the League's regional divisions, functional departments, and standing policy committees, as well as additional city officials appointed by the League president. The General Assembly will convene at 9 a.m. on Saturday, September 9, during the Annual Business Meeting in the Anaheim Convention Center to consider the report of the General Resolutions Committee. Resolutions considered by the General Assembly will retain the numbers assigned to them in this document. Initiative Resolutions. For those issues that develop after the normal 60-day deadline, a resolution may be introduced with a petition signed by designated voting delegates of 10 percent of all member cities (48 valid signatures required) and presented to the president of the League no later than 24 hours prior to the time set for convening the Annual Business Session of the General Assembly. This year, the deadline is Friday, September 8, 2000, 9 a.m. If the parliamentarian finds that a petitioned resolution is substantially similar in substance to a resolution already under consideration, the petitioned resolution will be disqualified. Any questions concerning the resolutions procedure should be directed to Marian Avila in the Sacramento office of the League, (916) 658-8224. John Ferraro, President League of California Cities Council President, Los Angeles II . GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS Policy development is a vital and ongoing process within the League. The prmcipal means for . . deciding polistanding cy on the important issues facing cities and the League is through the policy . . committees and the board of directors. The process allows for timely consideration of issues in a changing environment and assures broad city officials the opportunity to both initiate and influence policy decisions. This influence may be exercised directly through participaflon as a policy committee member or as a city official visiting a committee meeting to advance a position on an issue under the committee's purview If committee membership or personal attendance is not feasible, city officials may affect policy decisions indirectly through department or division representatives on the policy committees or the board of directors Annual conference resolutions constitute an additional process for developing League policies. It is recommended that resolutions adhere to the following criteria. Guidelines for Annual Conference Resolutions 1. The issue addressed in the resolution has a direct relation to municipal affairs. 2. The issue is not of a purely local or regional concern. 3. Generally, the recommended policy should not restate existing League policy. 4. The resolution should be directed at achieving one of the following objectives: (a) Focus public or media attention on an issue of major importance to cities. (b) Establish a general direction for the League by setting forth general principles around which more detailed policies may be developed by the policy committees and board of directors. (c) Consider important issues not adequately addressed by the policy committees and board of directors. (d) Amend the League bylaws. Resolutions to amend the League bylaws will require a two-thirds vote by the General Assembly for approval. iii Policy Committee meetings will be as follows: Wednesday, September 6, 2000 3 p.m. and 4:30 p.m. Anaheim Hilton & Towers 777 Convention Way Anaheim Policy Committee Employee Relations Community Services Public Safety **(Revenue and Taxation Administrative Services Housing. Comm. & Econ. Environmental Quality **(TCPVV will not meet) will not meet) Development Time 3 p.m. 3 p.m. 3 p.m. 4:30 p.m. 4:30 p.m. 4:30 p.m. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> General Resolutions Committee (Friday, September 8, 2000 at 9 am.) Anaheim Convention Center >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> General Assembly at the Annual Business Meeting (Saturday, September 9, 2000, at 9 am.) Anaheim Convention Center >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> iv hair: Vice Chair: Parliamentarian: League'',;|�/`�`����'������� Annual Conference ~~ Anaheim _September , 2000��� Beverly O'Neill, Mayor, Long Beach � Oscar Rios, Mayor, ^Watsonville Arlen Gregorio, Attorney at Law, San Francisco 8te;:AaoyAguilar, Council Member, Scotts Valley Robert Allen, Council Member, Selma Sheldon Baker, Council Member, Glendale UonBankhemd. Council Member, Fu||eduo ` Ken Blake, Council c |0omb�LoPa|mo ` Betty Boyle, Council Membef,Pino|e Mar; Bradley, Director ofFinance, Sunnyvale JaweaCooper, Mayor, Elk Grove Rosemary Corbin, Mayor, Richmond Barbara Dillon, Dir. Human Resources, Fairfield Nancy Dillon, City Clerk, Thousand Oaks Dennis Downs, Fire Chief, Ventura Pat Eklund, Mayor, Novato Tony Ferrara, Mayor Pro Tem.Arroyo Grande Denise Giordano, Mayor Pro Tem. Manteca Nancy Goodrich, Assistant Chief nfPolice, San Diego Tom Haas, City Attorney, VYa|nutCreek Terry Henderson, Council KAember, LaCluinta Carol Herrera, Council Member, Diamond Bar Sandy Hilliard, Mayor, Yuba City Mary Lou Holt, Maynr.Ynuntvi||e Lisbeth Hovxurd, Council Momber, Dublin Sam Jackson, City Attorney, Sacramento RobortJehn. Council [Nambnr. Cloverdale Wayne Johnson, Mayor Pro Tem, Brawley Maureen Kane, Council Member, |Riverside ' Barbara Kaufman, Supervisor, San Francisco Gregory Kind, Dir. Community Svcs., La Habra Napoleon Madrid, Mayor, Delano Rosario Marin, Council Member, Huntington Park Carol McCauley, Deputy Mayor, Oceanside Tony Melo, Mayor, Mt. Shasta Mark Montemayo[Mayor Pro Tem.West Sacramento William Morris, Public Svcs. Director, Costa Mesa Diana Noume.Council Member, Hesperia Alex Padilla, Council Member, Los Angeles Jim Perrine.Mayor, k3uhnu HnnyT. Price, Vice Mayor, Fairfield DanSeunrd. Council Member, Santa Barbara Ramon Silver, City Administrator, Huntington Beach ` Steve Sinxoniun.Mayor Pro Tem.LaHabra . Armour Smith, Vice Mayor, K8uUeato Suzan Smith, Council Member, Claremont Thomas Sullivan, Planning Director, K8onaga Richard Tefank'Chief ofPolice, Buena Park JimTha|man. Mayor Pro Tom. Chino Hills Jack Walker, Vice Mayor, Sunnyvale Alice Woody. Council NYember, San Jose V HISTORY OF RESOLUTIONS Resolutions have been grouped by policy committees to which they have been assigned. Please note some resolutions may have been asand to more than one committee. These resolutions are rioted by this sign (+). KEY TO REVIEWING BODIES 1. Policy Committee - Preliminary 2, Policy Committee - Final 3. General Resolutions Committee 4. General Assembly Action Footnotes * Subject matter covered in another resolution ' Policy Committee will make final recommendation at September 6 meeting *** Existing League policy '* Local authority presently exists KEY TO ACTIONS TAKEN Approve Disapprove No Action R - a - Aa - Aaa - Ra - Raa - Da - Na - Refer to appropr for study Amend Approve as amended Approve with additional amendment(s) e policy committee Amend and refer as amended to appropriate policy committee for study Additional amendments and refer Amend (for clarity or brevity) and Disapprove Amend (for clarity or brevity) and take No Action Withdrawn by Sponsor [Procedural Note: Resolutions that are approved by the General Resolutions Committee, as well as all qualified petitioned resolutions, are reported to the floor of the General Assembly. At the 1998 Annual Conference, the League General Assembly approved Resolution #2, which established a procedure to give the General Assembly the additional opportunity to consider any resolutions approved by League policy committees but not approved by the General Resolutions Committee. Following the adoption of Resolution #2-1998, League policy now provides that: Every resolution initially recommended for approval and adoption by all the League policy committees to which the resolution is assigned, but subsequently recommended for disapproval, referral or no action by the General Resolutions Committee, shall then be placed on a consent agenda for consideration by the General Assembly. The consent agenda shall include a brief description of the bases for the recommendations by both the policy committee(s) and General Resolutions Committee, as well as the recommended action by each. Any voting delegate may make a motion to pull a resolution from the consent agenda in order to request the opportunity to fully debate the resolution. If, upon a majority vote of the General Assembly, the request for debate is approved, the General Assembly shall have the opportunity to debate and subsequently vote on the resolution.] vi Resolutions have been grouped by policy committees to which they have been assigned. Please note some resolutions may have been assigned to more than one committee. These resolutions are noted by this sign (*). Number Key Word Index Reviewing Body Action ADRAINISTRATIVE SERVICES POLICY COMMITTEE 1 2 3 4 1 Revising and Updating Bylaws for the League of California Cities A' Skateboarding and Inline Skating A COMMUNITY SERVICES POLICY COMMITTEE +2 Skateboarding and Inline Skating A 3 School Gardens D 4 Senior Adult Day Services A Utilization of Governor's Workforce Investment Act (WIA) Discretionary Funds A CalWORKs Performance Incentives A EMPLOYEE RELATIONS POLICY COMMITTEE Utilization of Governor's Workforce InvestmentAct (WIA) Discretionary Funds +6 CaIWORKs Performance Incentives ENVIRONMENTAL QUALITY POLICY COMMITTEE 7 Liability Insurance for Brownfield Clean -Ups A 8 Changes in Current Recycling Law Aa 9 Non -Point Source Pollution . 10 Reusable and Recycled Products a ** HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT POLICY COMMITTEE 11 Educational Facility Needs Aa I 12 Building Code for Workforce Investment Act (WIA) A One -Stop Centers PUBLIC SAFETY POLICY COMMITTEE 13 Increased Traffic Fines in School Zones A 1 In principle vii REVENUE AND TAXATION POLICY COMMITTEE ote No resolutions were assigned to this policy committee. TRANSPORTATION AND PUBLIC WORKS POLICY COMMITTEE NI ote No resolutions committee. ere assigned to this policy RESOLUTIONS INITIATED BY PETITION Resolution General Committee Assembly Recommendation Action P©licy\acres1table00.doc Propcased; Ai ended League..$y3aws ate Language for Rage 5 of the Greer' Ra The League board approved the draft bylaws at its April meeting to allow time for member review of the proposed bylaws and feedback, The League board respondedto. feedback it received at its July board meeting, at which time it approved the following modification to page 5 of the proposed amended bylaws. Please substitute the language below for the language that presently occurs on page 5 for section 2 on the green pages. Section 2. Increase in Dues. As may be Warranted, the League Board of i f tern b two-thirds (2/3)".ote may increase the preceding year's dues schedule after notice anc justification to the Member Csities. as provided in Section 1 The League Board may in crease dues up to ten percent( %) annually In no event will acity.;'s' dues increas more than $5,000 per year, This change has the. effect of retaining the bylaws' present two-thirds vote requirement for dues increases. The earlier draft had proposed a majority vote, consistent with the League's general support for majority (as opposed to super -majority) vote requirements. In addition, both the League board and the Administrative Services policy committee have created mechanisms to consider additional suggestions and feedback on the League's bylaws on an ongoing basis in the coming year. G:ILEGALWs\BOARD\SubPg00.doc 2 2. RESOLUTION RELATING TO SKATEBOARDING AND INLINE SKATING Source: Community Services Policy Committee Referred to: Administrative Services and Community Services Policy Committees Preliminary Recommendation to General Resolutions Committee: Administrative Services Policy Committee — Approve. .Community Services Policy Committee — Approve. Final Recommendation to General Resolutions Committee: WHEREAS, section 831.7 of the Government Code defines 'hazardous recreational activities;" and WHEREAS, Health & Safety Code sections 115800 and 115800.1 provide that skateboarding and !Nine skating only fall within the definition of "hazardous recreational activity" when certain requirements are met; and WHEREAS, the provision under Health & Safety Code sections 115800 and 115800.1 defining skateboarding and inline skating as a "hazardous recreational activity" has a sunset clause of January 1, 2003; and WHEREAS, recreational directors throughout the United States declare skating produces qualities such as discipline, determination, happiness, self-esteem, a sense of accomplishment, stress releasecharacter building, camaraderie, physical fitness, and a positive attitude; and WHEREAS, California has become the skateboarding and inline skating capital of the world, with an increase in participants exceeding 700 percent during the 1990s. This creates a need to provide youth and adults a safe place to perform their maneuvers and demonstrate their skills without destroying public and private property; and WHEREAS, cities and counties are building skate parks throughout California to meet the recreational needs of youth and adults, resulting in many public agencies finding that their skate parks are a benefit to the community and are not creating predicted problems; and WHEREAS, if skateboarding and inline skating are permanently classified as a "hazardous recreational activity" and there is proper signage as to wearing of safety equipment when skating, local public agencies can continue to have immunity for skating activity accidents; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, September 9, 2000, that the League support an amendment to Government Code section 831.7 to permanently include skateboarding and inline skating within the definition of "hazardous recreational activity;' and be it further RESOLVED, that the League support amendments to Health and Safety Code section 115800 and 115800.1 to eliminate the sunset date of January 1, 2003 and to allow local public agencies operating a park or facility, maintained for the purposes of recreational skating use, which is not supervised on a regular basis, to include inline skating, as well as skateboarding in the adoption of an ordinance and posting of signs requiring any person gathering within the boundaries of the park or facility to wear a helmet, elbow pads, and knee pads, and failure to do so may be subject to citation. FZESOLUTIONS REFERRED TO COMMUNITY SERVICES POLICY COMMITTEE 4-2. RESOLUTION RELATING TO SKATEBOARDING AND INLINE SKATING Resolution referred also to Administrative Sentices Policy Committee. For recornmeridation, see Administrative Services section, 3 RESOLUTION RELATING TO SCHOOL GARDENS Source Los Angeles County Division Referred to: Community Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Disapprove. Final Recommendation to General Resolutions Committee: WHEREAS, school children, particularly in urban areas, are increasingly separated from agriculture and natural environments, missing important learning opportunities; and WHEREAS, children's health can be positively impacted through hands-on education and activities involving gardening; and WHEREAS, the State of California's Superintendent of Education has initiated the "A Garden in Every School" program, recognizing the importance of school gardens; and WHEREAS; educators, parents, and students have expressed their interest in pursuing school gardens; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, September 9, 2000, that the League support legislation to provide technical assistance and regulatory support for the development of school gardens and on -going teacher training and materials to promote garden sustainability, and to encourage schools to partner with district agricultural associations to implement programs that may be currently available. DD>)>>>>>>>>>>>> 4. RESOLUTION RELATING TO SENIOR ADULT DAY SERVICES Source: Los Angeles County Division Referred to: Community Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve. Final Recommendation to General Resolutions Committee: WHEREAS, the fastest growing segment of the population in the United States is in the 85+ age range of our society; and WHEREAS, this special adult population includes many seniors who suffer from Alzheimer's disease and related dementia disorders and need specialized community -based care services and programs to maintain their independence within their respective communities; and WHEREAS, California cities are dedicated to enhancing and improving the quality of life for all senior adults within cities; now, therefore, be it 4 RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, September 9, 2000, that the League support legislation that improves and expands the availability of adult day services and programs throughout the State of California. ))• >) )i> )) RESOLUTION RELATING TO UTILIZATION OF GOVERNOR'S WORKFORCE INVESTMENT ACT (VV1A) DISCRETIONARY FUNDS Source: City of Los Angeles Referred to: Community Services and Employee Relations Policy Commit ees Preliminary Recommendation to General Resolutions Cornmittee: * Community Services Policy Committee -- Approve. • Employee Relations Policy Committee Approve. Final Recommendation to General Resolutions Committee: WHEREAS, the League of California Cities has a strong commitment to the improvement of educational and employment prospects for disadvantaged youth; and WHEREAS, one of the goals of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education, and WHEREAS, having youth that are well prepared to enter the workforce is essential to California's economic future; and WHEREAS, the Governor may reserve up to 15 percent of the state's WIA allocation; and WHEREAS, WIA requires cities to provide more services to youth without additional funding, the number of youth that will be employed under the WIA is significantly below the number that were served under the Job Training Partnership Act; and WHEREAS, low-income youth in our cities still have extremely high unemployment rates; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, September 9, 2000. that the League support legislation to allocate the state's entire youth allotment to the Local Workforce investment Boards. )) >> >) >> >> 4,6, RESOLUTION RELATING TO CALWORKS PERFORMANCE INCENTIVES Source: City of Los Angeles Referred to: Community Services and Employee Relations Policy Committees Preliminary Recommendation to General Resolutions Committee: • Community Services Policy Committee — Approve. e Employee Relations Policy Committee — Approve. Final Recommendation to General Resolutions Committee: WHEREAS, on August 22, 1996, the president signed federal welfare reform legislation that shifted control of assistance for families and children from the federal government to the states; and 5 VVHEREAS, in accordance with federal vvelfare reform legislation, the state developed the ailiomia Work Opportunity and Responsibility for Kids (CaIWORKs) program that offers parents 5ervices to help them find jobs; and VVHEREAS, CaIWORKs Performance Incentives offer: counties a tangible incentive (dollars regiven for each participant that secures employment) to help CaIWORKs participants secure and retain employment; and WHEREAS, many counties, such as Los Angeles, have collaborated with hundreds of oomrnunity partners to develop self-sustaining plans that are funded primarily by CaIWORKs Performance Incentives; and WHEREAS, implementation of these plans is contingent on future state funding of CaIWORKs Performance Incentives; and WHEREAS, the proposed freeze in Performance Incentive funding will seriously impact the ability of local government to provide services designed to promote the long-term self-sufficiency of low-income youth and their families; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in 'Anaheim, September 9, 2000, that the League support legislation to allow counties to retain the full amount of the Performance Incentives they earn. >> >> >> >> >> >> >> RESOLUTIONS REFERRED TO EMPLOYEE RELATIONS POLICY COMMITTEE +5. RESOLUTION RELATING TO UTILIZATION OF GOVERNOR'S WORKFORCE INVESTMENT ACT (WIA) DISCRETIONARY FUNDS Resolution #5 referred also to Community Services Policy Committee. For recommendation, see Community Services section. »» >> >> >> +6. RESOLUTION RELATING TO CALWORKS PERFORMANCE INCENTIVES Resolution #6 referred also to Community Services Policy Committee. For recommendation, see Community Services section. >> >> >> >> >> >> >> RESOLUTIONS REFERRED TO ENVIRONMENTAL QUALITY POLICY COMMITTEE 7 RESOLUTION RELATING TO LIABILITY INSURANCE FOR BROWNFIELD CLEAN-UPS Source: Los Angeles County Division Referred to: Environmental Quality Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve. Final Recommendation to General Resolutions Committee: WHEREAS, expected population growth poses challenges to California's ability to provide jobs and housing to millions more residents; and 6 WHEREAS, the United States Environmental Protection Agency and the State of California riave identified redevelopnient of Linderutilized and contaminated properties (t3rovitinf9elds) in California's urban areas as a way to make more productive use of already developed land and bring icbs to where they are needed; and WHEREAS, lack of certainty regarding costs to clean up contaminated property can pose a rinajor barrier to property owners obtaining financing for clean up and redevelopment and liability ip.tisurance can addre,ss this barrier; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, September 9, 2000, that the League support legislation to establish a state - sponsored contamination -related liability insurance program to encourage the redevelopment of brownfield properties; and be it further RESOLVED. that the League encourage the state to proceed with the implementation of existing investment tax credit programs. >> >> >> >> »» >> >> 8. RESOLUTION RELATING TO CHANGES IN CURRENT RECYCLING LAW Source: Los Angeles County Division Referred to: Environmental Quality Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as amended Final Recommendation to General Resolutions Committee: WHEREAS, the California Integrated Waste Management Act of 1989 (AB 939), as amended, requires cities and counties to divert 25 and 50 percent of their solid waste from landfills or "transformation" facilities by 1995 and the year 2000, respectively; and WHEREAS, the failure to comply with the Act's requirements, including mathematically substantiating achievement of the waste diversion mandates, may subject a local jurisdiction to penalties of up to $10,000 per day; and WHEREAS, several California jurisdictions have struggled to mathematically demonstrate achievement of the 25 percent diversion for 1995 and many more are expected to face an even greater struggle to mathematically demonstrate achievement of the 50 percent requirement for the year 2000 for several reasons, including deficiencies in the current diversion measurement system and a whole host of problems associated with numerical accounting; and WHEREAS, jurisdictions are spending an inordinate amount of time and resources doing "number crunching" which, given the limited resources available, would be best used to implement waste diversion programs that keep the waste away from landfills; and WHEREAS, the statistical accuracy and margin of error of the existing system the California Integrated Waste Management Board uses to measure jurisdictions' achievement of the waste diversion requirements of state law need to be evaluated, and the board needs to develop appropriate policies that take this margin of error into account as it evaluates jurisdictions' compliance with the waste reduction requirements of state law; and WHEREAS, leading edge transformation technologies have the potential to divert a large portion of the waste stream that is currently destined for landfill disposal and incineration, however, 7 ,ere are provisions in current state law that treat these technologies the sarne way as incineration that have become a major impediment to their development; and WHEREAS, markets for recyclable matenals have lagged behind the supply of materials being crlected as a result of the prograrns implemented by jurisdictions. and the state has not done enough ii to help develop markets for recyclables and assst jurisdctions in meeting the waste diversion . . requirements of state levy; and WHEREAS, the geographical separation betvveen jurisdictions throughout the state and Sacramento has hampered communication between jurisdictions and the California Integrated Waste Nanagernent Board and, therefore, the ability of the board to effectively assist them in achieving the waste diversion requirements of state law; now, therefore. be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim. September 9, 2000, that the League: 1. Continue to support legislation to provide changes to the Act that will a) Place more emphasis on implementation of waste diversion programs and less on strict mathematical accounting; b) Require the California Integrated Waste Management Board to evaluate the level of accuracy of the existing system the board uses to measure jurisdictions' achievement of the waste diversion requirements of state law and develop appropriate policies, in consultation with local jurisdictions, to account for any inaccuracies in the system; c) Encourage the development of non -burn transformation technologies by providing full diversion credit for the waste jurisdictions sent to non -burn transformation facilities; d) Require the board to expand its market development activities, including providing more funding for research and development of markets for recyclable materials; e) Require the California Integrated Waste Management Board to staff its existing regional offices with personnel that can assist jurisdictions in carrying out the requirements of the act; and 2. Approve the incorporation of the proposed legislative changes into the League's 2000 State Legislative Platform. >> >> >> » >> >> 9 RESOLUTION RELATING TO NON -POINT SOURCE POLLUTION Source: City of Huntington Beach Referred to: Environmental Quality Policy Committee Preliminary Recommendation to General Resolutions Committee: Policy Committee will make final recommendation at September 6 meeting. Final Recommendation to Genera! Resolutions Committee: WHEREAS, we all share in the recreational and environmental benefits of clean ocean water, migrating birds, and fishing; and WHEREAS, all California cities share in the economic benefits of living along our nation's coast; and WHEREAS, a study conducted in 1998 by San Francisco State University identified $14 billion in direct revenue generated by California's beaches, with little of this revenue going back to coastal cities; and WHEREAS, non point source pollution is a problem created by all of us and should, therefore, be shared by all of us; and WHEREAS, the coastal cities of California share the responsibility for reducing air pollution with upstream, inland cities, so should inland cities share the responsibility for reducing pollution ontained in urban runoff with downstream. coastal cities because we all live upwind and downstream; and WHEREAS, the League of California Cities generally supports a watershed management approach to water quality; and WHEREAS, the State of California has recognized the need to play a role in building shared infrastructure to meet broad community needs such as highways and bridges; and WHEREAS, it follows that the State of California should extend those broad community needs to include non -point and urban runoff; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, September 9, 2000, that the League support the concept that all California cities should share in the responsibility for solving the non -point source of pollution problem; and be it further RESOLVED, that the League of California Cities encourage the State of California to play an active role in building infrastructure improvements to reduce the likelihood that pollution contained in urban runoff will reach our coastal waters. 10 RESOLUTION RELATING TO REUSABLE AND RECYCLED PRODUCTS Source: City of Los Angeles Referred to: Environmental Quality Policy Committee Preliminary Recommendation to General Resolutions Committee: Amend, and policy committee will make final recommendation at September 6 meeting. Final Recommendation to General Resolutions Committee: WHEREAS, the City of Los Angeles has long promoted the use of reusable and recycled products through its purchasing practices, educational efforts, and policy initiatives; and WHEREAS, approximately 3.6 million tons of solid waste are currently being landfilled each year by the City of Los Angeles; and WHEREAS, the costs of collecting and landfilling those wastes are estimated to be over $200 million annually; and WHEREAS, the City of Los Angeles is required by state law to reduce, reuse and/or recycle 50 percent of all solid waste by 2000 and 75 percent by 2020; and 9 HEREAS; over 14 years ago the as Angeles City Council voted to require implementation ywide recycling plan:and WHEREAS, in 1990 the city disposed of 253597 tons of plastic (6.5 percent of total disposed aste street) and in 1995 the city plastic waste stream reached 364,092 tons (10 percent of total disposed waste stream); and WHEREAS, plastics comprise one of the fastest growing portions of t uickly replacing other more commonly recycled materials; and WHEREAS, an industry leader is leading the beverage industry to increase its use of polyethylene terephthalate plastic (PET) and moving away from the use of easily recycled glass and aluminum for its beverage containers; and he waste stream and are WHEREAS, according to the U.S. EPA, the national recycling rate for PET soft drink containers has declined dramatically from a high of 53.3 percent in 1994 to 35.5 percent in 1997 and has now reached a critical stage; and WHEREAS, reversal of declining PET recycling rates requires a significant commitment by the beverage industry to increase both the supply and the demand for recycled plastic; and WHEREAS, experience in California had demonstrated that the most effective program to ase recycling rates is container deposit legislation; and WHEREAS, the leaders in the beverage industry have vigorously lobbied against deposit legislation that would increase recycling rates in other states; and WHEREAS, it is widely acknowledged that the use of recycled PET, in the production of beverage containers would have a positive impact on the value of recycled PET; and therefore the market for material collected through curbside and buyback programs; and WHEREAS, a beverage industry leader announced in 1990 that it would use 25 percent recycled plastic in its bottles but stopped in 1994 and is currently using only minimal amounts of recycled plastic; and WHEREAS, FDA -approved technology exists to incorporate recycled PET into new beverage containers, and proven technology for refillable plastic bottles also exists, and both of these processes are currently being used by industry leaders for their overseas markets; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, September 9, 2000, that the League support legislation to urge the beverage industry to make a commitment to use significant amounts of recycled PET in their bottles for markets in the United States, thereby closing the loop and getting the best and highest use out of their bottles, as well as returning a measure of profitability to the operations of our nation's public and private recycling programs; and be it further RESOLVED, that the League of California Cities support legislation to urge the industry to increase its use of recycled PET, as well as support deposit legislation and other policies that significantly increase the collection of plastic bottles; and be it further RESOLVED, that the League of California Cities support legislation to urge the beverage industry to use recycled plastic and support policies to increase national recycling rates for plastics. 10 Proposed Revised League Bylaws Revised April.13, 2000 Page 32 (c) Terms. The term length for department representatives on the League Board is established in Article VII, section 2(c). The term of office of all other newly elected officers is one year."' The term of office of all newly elected department officers commences immediately on the adjournment of the Annual Conference.'3° {d) Vacancies.i'I A vacancy in the office of President shall be is filled for the unexpired term by the succession of the First Vice -President. A vacancy in the office of the First Vice -President, or Second Vice-President/Secretary of the department shall -be is filled by appointment by the department President of -the -department . The person so appointed shall be a member of such department. eL132 A vacancy in the office of department director is filled as provided in Article VII, section;5(a), (e) Duties. {i) President. The President presides at department meetings and has such other powers and duties as may be prescribed by any department bylaws, {ii) First Vice -President. The First Vice -President carries on the duties of the President in the President's temporary absence or incapacity and has such other powers and duties as may be prescribed by any department bylaws. (iii) Second Vice-PresidentfSecretary. The Second Vice- PresidentlSecretary carries on the duties of the First Vice -President in the. First Vice -President's temporary absence or incapacity and has such other powers and duties as may be prescribed by any department bylaws. 129 The one year term is suggested to conform to division officer term lengths (see Article IX, section 7(c) of proposed amended bylaws: 130 This is consistent with the bylaws' provisions for board member terms. See Article VII, section 4(d). 131 New Article XII, section 2 defines a vacancy. 132 See new section 3 in this article. Typeface Conventions: Deleted language from existing bylaws language shown, in strikeouts; new or added language shown in italics. Proposed Revised League Bylaws Revised April 13, 2000 Page 33 (iv) Director. The department keeps the division membership apprised of League Board activities and serves as a liaison between the department and the LeagueBoard.'33 (0 Resignation. Except as provided in Article VI , section 6 for members of the League Board. a department officer's resignation is effective upon receipt in writing by Me department's President or Second Vice -President/ Secretary, unless a later date is specified in the letter. 13' Section 3: Voting. The representatives of each Member City may cast collectively one vote on department matters.135 A majority of the votes cast is necessary for a decision:' 36 Section 4 Department Meetings. Departments meet at the Annual Conference and a other times and places as they find necessary,137 Section 5 Department Bylaws. Departments may adopt their own bylaws. Such bylaws may not conflict with the League's bylaws. In the event of conflict between a department's bylaws and League bylaws, the League's bylaws will prevail, the League's bylaws also prevail when the department does not have bylaws or the department's bylaws are silent.138 This language is suggested as consistent with the Board's present view of the role of the department director.` f 34 Typically bylaws provide procedures for resignations. f 35 Note that Article Xl, section 4 allows departments to adopt a different voting allocation in their bylaws. 136 See Article Xl for additional information about voting. f 37 This language is adapted from existing bylaws section 2, Article VI. 138 Since it is somewhat unusual to have subentities be able to adopt bylaws, the bylaws committee wanted to be particularly clear on the relationship between the League's bylaws and a sub -entity's bylaws. Typeface Conventions:- Deleted language from existing bylaws languageshown in ctnkeeuts, new or added language shown in italics. Proposed Revised League Bylaws Revised April 13, 2000 Page 34. Article XI Votin W Section 1: Voice Vote Except as in cases w otherwise provided, all voting in meetings of the General Assembly of the League, its divisions and departments is by voice vote shall be viva vc,. Section 2: Alternative Methods, If the presiding official cannot determine the outcome of the voice vote or three or more Member Cities request, an alternative method of voting may be used. An alternative voting method may be by any means (show of hands, written ballot, etc.) which allows the presiding official to accurately determine the outcome of the vote. Section 3: Roll Call Votes. unless -a- A roll call is may be demanded by representatives of three or more Member GCities. Section 4: One City One Vote. , iri which caoo Except as otherwise provided in a department's bylaws,'40 the representatives of each Member City present and in good standing chJll cast collectively cast one vote; A majority of the votes cast shall -be is necessary for a decision. Article`X// : Qualifications #o Hald C3ffice and <Vacae�cies14' '$ectissn 1: Eli ibility;fo Hold Office: (a) In -General. Excepting the office of Executive Director, no person shall be e eligible to hold officin the League or any League; division or department thereof unless he ^r ri the individual is officially.in: city municipal. service:in a MemberCity at the time;.' of his or her the person's election orappointmeent. In cashe or she vhould leave municipal se^:lde-during hiris -or her tee in..,of office as an officer of the League or any .. division or department thereof, his` or her office shall be deemed vacant 'provided, ? Qualifications to hold office were previously addressed in Article VII. ' 140 This language would allow the Mayors and Council Members department, for example, to allow each mayor and council member one vote: 141 Qualifications to hold office were previously addressed in Article VII. Typeface Conventions: Deleted language from existing bylaws language shown in strikeouts; new or added language shown in italics. Proposed Revised Lea Revised April 13, 2D0 pace 35 ue Byta h ev r, he or she shall c elected or appointed.14' (f) Length of Service. An individual who has occupied an elected League Board office (as defined in Article VII, section 2(d))for nine months (275 days) or more is ineligible to stand for election for that same ofceagain."3 Section 2: Vacancies: (a) Vacancy Defined. A League office becomes vacant when an individual resigns or leaves city service. (b) Effective Date of Vacancy Caused by Leaving City Service. The effective date of a vacancy caused by a departure from city service is three months (92 days) after an individual ceases to occupy the same or comparable city office as the individual had when the individual was elected or appointed to League office. '"4 (c) Effective Date of Resignations, For the effective dates of resignations, see Article VII, section 6 (effective date of League Board resignations), Article IX, section 8 (effective date of regional division officer resignations), and Article X, section 2(0 (effective date of department officer resignations). (d) Filling Vacancies, Vacancies will be filled as provided in these bylaws, see Article VII, section 5 (filling League Board vacancies), Article IX, section 7(d) (filling regional division officer vacancies), and Article X, section 2(d) (filling department officer vacancies) 142 Given the long time frame (three months) before a vacancy associated with leaving city service occurs (and the specific effective dates associated with vacancies caused by resignations), it appeared that the language relating to holding office until successors are elected or appointed was no longer necessary (or might even create a conflict). 143 This is a bylaws committee recommendation. The committee selected nine months as the threshold, the suggestion is that this term be defined to mean a certain number of days, to avoid controversy over what constitutes a month. Staffs understanding was that this restriction would only apply to League Board officers -not. ail board members or department and division officers: 144 This is the bylaws committee's recommendation on how to resolve the difficulties in the current bylaws identified by the nominating committee relating to vacancies and when/how they are filled. The suggestion is that the term "three months" be defined as a certain number of days, to avoid controversy over what constitutes a month. Typeface Conventions: Deleted language from existing bylaws language shown in strikeouts; new or added language shown in italics. Proposed Revised League Bylaws Revised April 13, 2000 Page 36 'Article Xlll t Financest45 Section 1: Fladat Year. The fiscal year of the Leagueshall be is the calendar year. Section 2 Budget., Net, less than fifteen -days prior to the budget meeting of the ..League Board of DEr-eotors'eash year, the Executive Director shall cause to be prepared Will distribute to the Board a .detailed budget setting-ferth describing the estimated revenues and 'expenditures for the 'ensuing fiscal year budgetary period and shall subrnit, such budget'to the ,Board of..Director& for it's the -League Board's consideration and approval Section 3: Limitation of Expenditures. The League Beard ef-Birecter-s shalt may not 'incur indebtedness- imexcess of the'estimated or actual revenues fOr the ensuing fiscal - year, ,without the, approval 'of the League's General, Assembly. Section 4:'Annual Audit.., The League's accounts of the L guo shall he audited by a'certified public' accountant upon the close Of the i eag ei eaGh after the close of each -fiscal'year. Section. S:,Special Assessment for League Building: ;By resolution approved_ majority -of those cities present and voting thereon 'atan- Conference, a special assessment.may'be levied for the establishment of a permanent headquarters ofFce building in Sacramento as specified in the resolution.'"� 145 Finances were previously addressed in Article IX 146 See also section 4 in Article XV, relating to disposition of League property upon dissolution. Typeface Conventions: Deleted language from existing bylaws language shown in strikeouts; new or added language shown in italics. Pii osot gev(sed (:Teague Byta�vs Revised April 13, 2 00 Page 37 Article XIV: Prohibited Transactions"' Section 1: Loans. Except as permitted by California Nonprofit Corporation Law,' 48 the League may not make any loan of money or property to, or guarantee the obligation of, any director or officer. This 'prohibition does not prohibit the League from advancing funds to a League director or officer for expenses reasonably anticipated to be incurred in performance of their duties as an officer or director, so long as such individual would be entitled to be reimbursed for such expenses under League Board policies absent that advance. 47 This is new language reflecting addition of a' standard bylaw provision. 48 Section 7235 of the Corporations Code provides: (a) undless prohibiteby the articles or bylaws, a corporation may loan money propertyto, or guarantee the obligation of, any director or officer of the corporation or ofits parent, affiliate or subsidiary provided: (1) The bearcf determines the loan or guaranty may reasonably be expected tjenefitthe. corporation. (2) Prior to consummating the transaction or any part thereof, the loan or guaranty is either: (A) Approved by the members (Section-5434), without counting the vote of the director or officer, if a member, or (B) Approved by the vote of a majority of the directors then- in office, without counting the Vote -of the director who into receive the loan,or the benefit of the guaranty. (b) Notwithstanding subdivision (a), a corporation may advance money to a director or officer of the corporation or of its parent, affiliate or subsidiary, y for anexpenses reasonably anticipated to be incurred inthe performance of the duties of the director or officer of the corporation or of its'parent, affiliate or subsidiary, provided that in the absence of such an advance the director or officer would be entitled to be reimbursed for these expenses by the corporation, its parent, affiliate, or subsidiary. (c) The provisions of subdivisions (a) and (b) do not apply to credit unions, or to the payment. of premiums in whole or in part by a corporation on a life insurance policy on the life of a director or officer so long as repayment to thecorporation of the amount paid by it is secured. by the proceeds of the policy and its cash surrender value, or to loans permitted under any statute regulating any special class of corporations. Typeface Conventions: Deleted language from existing bylaws language shown in strikeouts', new or added language shown in italics. Proposed Revised League By[ Revised April 13, 2000 Page 38, Section g: Self -Dealing andCommon Directorship Transactions.' (a) Self -Dealing Transactions. A self -dealing transaction is a transaction to which the League is a party and in which one or more of its directors has a material financial interest. {b) Common Directorships. 'Common directorships"occur when the League: enters into a transaction with an organization in which one of fhe League directors also serves on the organizations board. ` (c) Pre -Transaction Approval. To approve a transaction involving either self - dealing or a common directorship, the League Board shall deterrriine, before the' transaction, that (i) The League is entering into the transaction for its own bone The transaction is fair and reasonable to the League at the time; and air) After reasonable investigation, the League Board determines that it could not have obtained a more advantageous arrangement with reasonable effort under the circumstances. Such determinations shall be made by the League Board in good faith, with knowledge` of the material facts concerning the transaction and the`director's interest in the transaction, without counting the vote of the interested director or directors. 149 See generally Cal. Corp. Code § 7233 (establishing these requirements) Note that interested or common directors may be counted in determining the existence of a quorum in a board or committee meeting that approves such transactions. See Cal. Corp. Code § 7234; Typeface Conventions: Deleted language from existing bylaws language shown in strikeouts, new or added language shown in italics. Proposed Revised League Byla' Revised April 13, 2000. Page 3 (t) Post-Tran. action Approval. When it is riot. reasonably practicable to obtain hoard approve/ before entering into such transactions, a Board committee may approve such transaction in a manner consistent with the requirements in the preceding paragraph, provided that, at its next meeting, the full Board determines in good faith that the League Board committee's apprcvai Of the transaction was consistent with such requirements and that it was not reasonably practical to obtain advance approval by the lu!' Board, and ratifies the transaction by a majority Of the directors then in office without the vote of any interested director 75° Arir"�1e X47 : M scel ate s'5 Section Indemnification' Indemnity Authorized. To the extent allowed by California Nonprofit Corporation Law,' 3 the League may indemnify and advance expenses toots agents in connection with any proceeding, and in accordance with that law. For purposes of this section, "agent" includes directors, officers, employees, other League agents, and persons formerly occupying these positions'54 (b) Approval of indemnity. An individual seeking indemnification shall make a written request to the League Board in each case. 1 ,fee Cal. Corp: Code § 7233 (specifying under what circumstances aself=dealing transaction is void or voidable) 151 Previously, the "miscellaneous" article was Article XII. 152 This is new language reflecting addition of a standard bylaw provision. 153 The scope of indemnity for mutual benefit corporations is governed by Corporations Code section 7237, which is excerpted in the footnotes below. 154 Section 7237(a) provides in pertinent part: For the purposes of this section, "agent' means any person who is or was a director, officer, employee or other agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another foreign or domestic corporation, partnership, joint venture,trust or other enterprise, or was a director, officer, employee or agent of a foreign or domestic corporation which was a predecessor corporation of the corporation or of another enterprise at the request of such predecessor corporation . See Cal. Corp. Code 7237(a). Typeface Conventions: Deleted language from existing bylaws language shown in trikeoutc; new or added language shown in italics, Proposed Revised League Bylaws RevisedApril 13, 20Cf0 Page 4ti. Success on the Merits. To the extent that the individual has been successful on the merits, the League Board will promptly authorize indemnification in accordance with California Nonprofit Corporation Law.'55 (ii) Other instances. Otherwise, the League Board shall promptly. determine, by a vote of a majority of a quorum consisting of directors who are not parties to the proceeding, whether, in the specific case, the agent has met the applicable standard of conduct under California law„'sfi and, if so, will authorize indemnification to the extent permitted. (c) Advancing Expenses. To the extent allowed by under California Nonprofit Corporation Law,157 the League Board may authorize an advance of expenses incurred by or on behalf of an agent of this corporation in defending any proceeding prior to final disposition. The League Board shall find that 55 Section 7237(d) provides To the extent that an agent of a corporation has been successful on the merits in defense of any proceeding referred to in subdivision (b) or (c) or in defense of anyclaim, issue or matter therein, the agent shall be indemnified against expenses actually and reasonably incurred by the agent in connection therewith. See Cal.Corp. Code § 7237(d), 156 These standards are largely contained in section 7237(b) or section 7237(c), which provide` (b) A corporation shall have, power to indemnify any person ... if such person acted in good faith and in a manner such person reasonably believed to be in the best interests of the corporation and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful. . (c) A corporation shall have power to indemnify any person ... if such person acted in good faith, in a manner such person believed to be in the best interests of the corporation and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances .. See Cal. Corp. Code § 7237(b) and (c) (with exceptions). 157 Section 7237(a) provides in pertinent part .."expenses" includes without limitation attorneys' fees and any expenses of establishing a right to indemnification under subdivision (d) or paragraph (3) of subdivision (e). See Cal. Corp. Code § 7237(a). Typeface Conventions: Deleted language from existing bylaws language shown in strikeouts; new or added language shown in italics. ; a i d R Vlsed t Re, cd April 13, 20 riio By e guested advances are reasonable; and t2) before any advance is rarode, the agent vi/i submit a vrriften i dea al iig satisfactory to :the League Board to repay the advance unless if is aaltarnately determined that the accent is entitled to indemnification for the expenses under this section. ecti sn . Insurance.'The League Board may authorize the purchase of insurance ore behalf or any agent against any liability asserted against or incurred by the agent in such capacity or arising out of the agent's status as such, and such insurance may provide for coverage against liabilities beyond the League's corporation's authority to indemnify an agent under law. Section 3: Contracts and Execution of Instruments. 'SS All contracts entered into on behalf of the League shall be authorized by the League Board, or by the person or persons upon whom the League Board confers such power from time to time. Except as otherwise provided by law, every check, draft, promissory note, money order, or other evidence of indebtedness of the League shall be signed by the persons authorized to do so by the League Board. Section,4 Disposition of Upon Dissolution.i8D The League's properties and assets are irrevocably dedicated to the fulfillment of the League's purposes as described in Article II. No part of the League's net earnings, properties and assets, on dissolution or otherwise, may inure to the benefit of any private person. On liquidation or dissolution, the League's net assets shall be distributed to the League's Member Cities consistent with the provisions of the California Nonprofit Corporations Law relating to mutual benefit corporations then in effect 158 This is new language reflecting addition of a standard bylaw provision. See also Cal. Corp. Code § 7237(i) (authorizing insurance). 159 This is new language reflecting addition of a standard bylaw provision 160 This section reinforces the League's status as a mutual benefit corporation and protects cities' interests in their investment in the League's headquarter building. See also Cal. Corp. § 8717 (assets upon dissolution must be distributed according to bylaws): Typeface Conventions: Deleted language from existing bylaws language shown in strikeouts; new or added language shown in italics: Proposed Revised LeagueByla Revised April 13, 2000 Page 22 Section 16: Policy Changes. Any policy of the Logue established by the League's General Assembly of -the Loaguo may be changed by the League's Board of -: I: ir-er tGw of- ho L a ue upon ratification of such proposed change by a majority of the regional divisions representing a majority of the IV/member Coities of the League within the time period specified by the League Board. Article V/ll Officers93 Section 4-4-1: id►ent ty. The officers of the League shall be are a President, a First Vice -President. a Second Vice-President/Treasurer, a Junior Immediate Past President, and an Executive Director. Section 2: Election. The League Board elects the League's President, First Vice - President and Second Vice -President for terms of one year. The election occurs at the League Board's organization meeting at the conclusion of the Annual Conference. Section 3: Vacancies. A vacancy in the office of President shall -be is filled until at the next meeting of the League Board by the succession of the First Vice -President to that office. A vacancy in the office of First Vice -President, or Second Vice- President/Treasurer, shall be is filled for the unexpired term by appointment of a member of the League Board of Diroctora. 'A vacancy in the office of the Junior Immediate Past President shall bo is filled for the unexpired term by the last Past President continuing to hold a city municipal office. The "officers" sections of the bylaws were previously located in Article IV." Most bylaws address officers in a specific article, as proposed here. Section numbers and titles are proposed to make the article user - friendlier 94 Presently the bylaws are silent on how and when League officers are elected, and for what term. The suggested language is intended to reflect present practice. See Cal. Corp. Code § 7151(c)(5) (suggesting bylaws address this issuer 95 The changes to this section addresses what could be an anomalous result, which is a short term succession by the first vice president which is effective only until the next board meeting, but then makes no provision for what would happen in the event the board could not make a decision on a permanent successor. As such, the proposed change is part of the fulfillment of the, nominating committee's directive to reconcile conflicting provisions of existing bylaws Article IV, section 11 (vacancies in League officer positions) and Article VII (eligibility to hold office), New ArticleXII, section 2 defines a vacancy. Typeface Conventions: Deleted language from existin in strikeouts; new or added language shown in italics. bylaws language sho Proposed Reev sec league Bylaws Revised April 1.3, 200t? Page 2 A aoanoy in tie office -of P r Junior Past Preside t shall ocot irr�llaelestcl'iar appointed riat�nic Section 4: Duties of LeagueElected Officers?' (a) President. The President presides at all Board meetings and the Annual Conference. The President has such other powers and duties as may be prescribed by these bylaws or the League Board. (b) First Vice -President, The First Vice -President carries on the duties of the President in the President's temporary absence or incapacity. The First Vice -President has such other powers and duties as maybe prescribed by these bylaws or the League Board. (c) Second Vice -President. The Second Vice -President carries on the duties of the President in the President's and First Vice -President's temporary absence or incapacity. The Second Vice -President has such other powers and duties as maybe prescribed by these bylaws or the League Board. Section 12 5 Executive Director and League Employees. (a) Employment. The League' Board of Directors shall an Executive Director and employs, or causes to be employed, such other persons as may be necessary who need not be League members of the League of California Cities. The Executive Director and employees so selected shall perform such duties and receive such compensation as the League Board of-Direotors may from time to time prescribe. 96 The elimination of the third paragraph is proposed inasmuch as it is redundant of the proposed new language in Article XII, section 2. (See also, similar proposed conforming changes to articles relating to departments, divisions and general board vacancies). 97 Nonprofit organization bylaws typically contain an explanation of officer duties. Note that we have not specifically described the Immediate Past. President's duties. 98 Derivation: This section was previously in Article IV, section 12. This is in the officers section because the Executive. Director is defined as an officer and performs required duties. Typeface: Conventions: Deleted language from existing bylaws language "shown in strikeouts; new or added language shown in italics. Proposed Revised League; Bylaws Revised April 13, 2000 Page 24, (b) Specific DutiesThe Executive Director pen`c so causes to be performed the following functions: (�) Corporate Secretary, These duties include 0 keeping a full and complete record of the proceedings of the. League Board,'ii) giving such notices as may be proper and necessary, iii} keeping minute books for the League. iv) executing such instruments necessary to carry out Board directives and policies, and v) complying with such other record -keeping and reporting requirements of California Nonprofit Corporation Law, (2) Chief Financial Officer. These duties include i) having charge of and custody of and receiving, safeguarding, disbursing and accounting for all League funds, ii) depositing and investing such funds in such institutions and investments as approved by the League Board, iii) maintaining the League's financial books and records, iv) preparing and submitting such accounting and tax forms as may be required by local, state and federal law. (c) Insurance Bonds.1°0 Thc. Board of Directors shall require bonds to be furnished by a AD employees handling the finances of the League shall be insured1' such amount as it shall the League Board deems desirable or necessary, said such insurance bond to be approved by the League Board or a`committee designated by the League. Board Preside -FAT' and the premiums therefore to be paid by the League. 99 Nonprofit corporation law requires organizations like the League to have a secretary and chief financial officer. See Cal, Corp. Code § 7213 (allowing any number of offices to be held by the same person). Typically, these roles are assigned in the bylaws. Presently these functions are performed for the League by staff under the direct supervision of the Executive Director and ultimate supervision of the League Board. The language suggested is an effort to demonstrate compliance with the state's legal requirements in a manner that reflects the League's present practices. 100 This was previously in Article IV, section 12 (second paragraph). 101 This has been the League's practice. 102 The thought underlying this suggestion is that perhaps the Board may wish to delegate this upervisory function to its finance committee. typeface Conventions; Deleted language from existing bylaws language shown in strikeouts; new or added language shown in italics. Proposed Revised League Bylaws Revised April '13, 2000 Page 25 Art6cle !3f �: Regional [3ivisions"' Section l: Listing. (a} Existing Regional Divisions. There shall be formed within-t alifen?ia Cities is comprised of the following regional divisions: Central Valley; Channel Counties; Desert -Mountains East Bay, Imperial County Inland Empire, Los Angeles County; Monterey Bay, North Bay; Orange County, Peninsula; Redwood Empire, Riverside County, Sacramento Valley, San Diego County and- South San Joaquin Valley'°A , and such additional regional divisions as may be formed from time to time and approved by the Board of Directors:'°5 e League e 103 Divisions were previously addressed in Article V. 104 Note the formatting and suggested changes were to make the divisions section of the bylaws more consistent with the departments section. The goal was to make the listing easier to read. 105 The process for creating new divisions and departments under the bylaws is not altogether clear or consistent The stricken language seems to suggest new divisions may be created by Board action alone, while the fact that divisions are listed in the bylaws suggests a bylaws amendment is necessary. One option is to have the process for creating new departments and divisions be the same and occur through a bylaws amendment. Such language is suggested in a new section immediately following the language which is the subject of this footnote. Typeface Conventions: Deleted language from existing bylaws language shown in ctrifeouts, new or added language shown in italics. Proposed Revised League Bylaws Revised April 13, 2000 Page 26 (b) New Divisions. Additions! divisions maybe formed hrough an amendment o these. bylaws (Article XVI). Section 2: Purposes and Functions . The purposes and functions of regional divisions of the League shall -be are as follows: (a) To promote interest in the problems of city municipal government and administration among the officers and employees of cities within such divisions. (b) To assist the League officials of the League of California Cities in formulating policies and -rendering service by expressing to said League, through. resolutions duly adopted, the recommendations of the regional divisions. Resolutions adopted by regional divisions to beconsidered at the Annual Conference shall be submitted in the manner provided by Article VI Vil-l. (c} To take action consistent with the -general League policy of the League of California Cities as duly adopted by the League's General Assembly of the L ague or by the League's Board of Directors of the L ague. Regional divisions may take, and no action in conflict with such policies. however, that n Nothing in the foregoing d-to limits or restricts the regional division activities of-the-regional-divisiQns-in matters of purely local interest and concern. (d) To meet not less than once every three months, provided that the League Annual Conference of the League of California Cities may be considered one such meeting of a regional division. Section 3: Names of Divisions. Each regional division shall be termed will identify itself as a division of the League of California Cities. A distinctive name by which the division shall be known shall be adopted and shall be used as a prefix to the League of California Cities, such as: Inland Empire Division League of California Cities Section 4: Boundaries of-tional-Divisions: The Tferritorial boundaries of each regional division shall may be fixed by said each division subject to the approval of the League's General Assembly: Typeface Conventions: Deleted language from existing bylaws language shown in strikeouts; new or added language shown in italics. Proposed Revised League Bylaws Revised April 13, 2000 Page 27 Section 5: Membership . All cities within the boundaries of the a regional division may become members of and participate in the activities of that the regional divisions. A city may join a different regional division with the approval of both the existing and proposed division, and the League's Board.10° Section 6: Voting aadnal-Divisions The representatives of each Member City shall may cast collectively one vote on division matters, and a majority of the votes cast shall --be is necessary for a decision.'07 Section 7:'°a i)fficers` (a) Identity. Thorn hall bes e!eGted by the mnmharehip of e Each regional division shall elects a President, a Vice -President, a representative on the League Board of Directors'09 and a Secretary, and such other officers as sash any"° regional division bylaws may establish. (b) Election Timing. Such ele tion shall k� League of California Cities. Each regional division elects its officers at the regional division' meeting immediately preceding the League's Annual Conference, unless another date is provided by any '11 regional division's bylaws. 106 From time to time a city has wanted to switch divisions; this is the process the League has used, although it may be helpful to memorialize the process in the bylaws. 107 See Article Xl for additional information about voting. 108 This language is from existing bylaws Article V, section 7. 109 The goal underlying this suggestion is to reflect the language of Article VII, section 4(b) (providing for division representatives on the League board) and to reinforce the notion of the director's ties to the division. 110 Not all divisions have bylaws: 111 Not all divisions have bylaws. 112 This language is consistent with that used in section 7(c), which allows the commencement of officer terms to be specified in division bylaws. Whenever possible, an effort has been made to use similar language for similar situations. Typeface Conventions: Deleted; language from existing bylaws language shown' in strikeouts; new or added language shown in italics. Proposed Revised League Bylaws Revised April 13, 2000 Page 28 c) Terms. (I) Directors' Terms and Commencement Dates. The term of office and commencement date for regional division representatives on the League Board are established in Article VII, section 2 (c) (term length) and 4(d) (teen commencement). (ii) Other Officers' Terms and Commencement Dates. The term of office of all other newly elected officers is one year"' Biennial elections may be bald -only -if a A majority of the members may amend any"' regional division bylaws to provide for two year terms for regional division officers."' The term of office -of -.a- Except for representatives on the League Board, all newly elected officers' terms shall commence immediately upon election unless another date is provided by tho any regional division's bylaws."' (d) Vacancies, n the event of a vacancy in any regional division office,such vacancy shall -be is filled by election at the next regular meeting of such division. The fact that such a vacancy will be so filled shall be included in the notice of such meeting. This requirement also applies to a vacancy in the office of regional division director, as provided in Article VII, section 5(b). 113 The terms of division officers were a matter of inference under the language of the existing bylaws. The suggestion is to make the one-year presumptive term length express. 114 Not all divisions have bylaws. 115 Note that this sentence previously appeared at the end of section 7 of Article V. 116 Not all divisions have bylaws. 7 Note that this term commencement is different than that for the. League board (whose terms commence upon adjournment of the Annual Conference) and than that being proposed for department officers (the proposal for which is also to begin upon adjournment of the Annual Conference). 118 New Article xli, section 2 defines a vacancy. Typeface Conventions. Deleted language from existing bylaws language shoinrn in sue; new or added languageshown in italics. Proposed Revised League Bylaws Revised April 13, 2000 Page 29 Duties: I) President. The President presides at all regional division meetings and has such other powers and duties as may be prescribed by any division bylaws. (ii) Vice -President. The Vice -President carries on the duties of ttie> President in the President's temporary absence or incapacity and has such other powers and duties as may be prescribed by any division bylaws. (iii) Secretary. The Secretary a) immediately notify/es the League of California Cities of any change in the regional division officers of the division, b) records the minutes of all division meetings of -the -division and sends one copy thereof to the League headquartei o f ctho gnqu Leaof C o aliforni e fa Cities, and c) skull -prepares and mails all notices of the meetings of the division and sends ono a copy thereof to the League headquarters office of the League of California Cities. (iv) Director. The regional division. Director keeps the division membership apprised of League Board activities and serves as a liaison between the regional division and the League Board12° Section 8: Resignation. Except as provided in Article VII, section 6 for members of the League Board, a regional division officer's resignation is effective upon receipt in writing by the division's President or Secretary, unless a later date is specified in the letter.12> Section 9: Regional Division Bylaws. Regional divisions may`adopt their own bylaws governing local operations provided such bylaws do not conflict with those of the director. 119 The existing; bylaws do not specify the President and Vice -President's duties. 120 This language is suggested as consistent with the Boards present view of the role of the division, 121 Typically bylaws provide procedures for resignations. Typeface Conventions: Deleted language from existing bylaws language shown in strikeouts; new or added language, shown in italics. Proposed Revised League Bylaws Revised April 1'3, 2000 Page 30 . Division bylaws may not conflict with the League's bylaws In the event of a conflict between a division's bylaws and League bylaws, the League's bylaws will prevail; the League's bylaws also prevail when the division does not have bylaws or the division's bylaws are silent.122 Article X VI: Departments 12s Section Listing. Thera me =hereb r create # kh folio ing de artmants of the gue, to wit: a} Existing Departments. The League includes the following functional deparirnents; department of Mayors -and Council Members 'Deparme ;ref City Attorneys Department of Fiscal Officers Department of Public Works Officers Department of City Managers Department of Planning and Community Development Department of`Polioe Chiefs Department of Fire Chiefs Qepa4iment-ef Recreation, Parks and Community Services Department of City Clerks Department of Personnel and- Employee Relations 124 122 Since it is somewhat unusual to have subentities be able to adopt bylaws, the bylaws committee wanted to be particularly clear on the relationship between the League's bylaws and a sub -entity's bylaws. 123 Departments were previously addressed in Article VI; the name of the article is proposed to be changed for consistency with the division article: 124 The process for creating new divisions and departments under the bylaws is not altogether clear or consistent. The stricken language seems to suggest new departments may be created by an Annual Conference resolution (requiring a majority vote), while the fact that departments are listed in the bylaws suggests a bylaws amendment is necessary. One option is to have the process for creating new departments and divisions be the same and occur through a bylaws amendment Such language is suggested in a new section immediately following the language which is the subject of this footnote. Typeface Conventions: Deleted language from existing bylaws language shown in strikeouts; new or added language shown in italics, Proposed vied League Bylaw. Revised April 1 . 2 l0iil Page 3'I endment to these bylaws (ArticleXVl). Additional departments may be formed through an fs own President, First. Vice President and Second m membership and shall hold meetings of the I °25 ik vacancy in 'dent shall occur when any such ofticer'fails tc retain the sa e c :a: w 126 Section : Office (a) Identity. Each department elects a President, a First Vice --President, ;a Second Vice-President/Secretary, a representative on the League Board,127 and such other officers as the department's bylaws may establish. (b) Election Timing. Each department elects its officers at the department's business session at the League's Annual Conference,128 unless the department's bylaws provide otherwise, 25 This language combines the topic of department officers with meetings. The proposed new. language separates the two into separate sections and contains language which parallels the organizational provisions for regional divisions. By including this additional detail, there is some hope of sparing departments the trouble of adopting individual bylaws. 12F This is suggested to make the bylaws consistent with section 7 of Article IX relating to regional divisions, which does not have this language.' The suggested change also would avoid duplication/inconsistency with Article XII, section 2. 127 The goal underlying this suggestion is to reflect the language of Article VII, section 4(a) (providing for department representatives on the League board) and to reinforce the notion of the director's ties to the department. 128 This language is more consistent with the election timing language for League officers in general Whenever possible an effort has been made to use similar language for similar situations. reface Conventions: deleted language from existing bylavirs language shown in s#ikeouts; new or added language shown in italics. Proposed Revs d League 1,3yla; Revised April 13, 2Cli}0 Page 42 Bache '. : P rliamen ary Author ty Governing Ru(c:. Subject to the provisions of these bylaws, i obert's`Rules cif .Order or such other parliamentary rules as maybe adopted by ttte League Board' t shah prevail at all.rrieetings of the League, the League ' Board of Directcro, and in all departments and regional divisions. Section :Seal, The League Board of Diroctor� has slam provided a suitable seal for the League which is shall be in circularfsrn and which shall`contas the following inscrrptcn: "LEAGUE OF CALIFORNIA CITIES INCORPORATED NOVEMBER 4, 1932, CALIFORNIA" 1s2 The seal may be affixed to corporate instruments, but any failure to affix it does no affect the instrument's validity.163 Section 7Governing Law. In all matters not specified in these bylaws. or in the event these bylaws are inconsistent with applicable law, the provisions of California Nonprofit Corporation Law then in effect applies. "The additional language allows the Board to adopt another set of parliamentary procedures (for example, Sturgis). The language relating to parliamentary procedure was previously in Article XII, section 2. 6`This language is from Article XII, section 1 of existing bylaws. 163 This is new language reflecting addition of a standard bylaw provision. 64 Thin is new language reflecting addition of a standard bylaw provision.," Typeface Conventions Deleted language from existing bylaws language shown in strikeouts; new or added language shown in italics. Fri used Revised League Byte Revised April 13, 2000 Page 43 Artacle )Ci//il:`Amendments'm5 section 1: Considerati"can. A"rAmenclalehts—These bylaws may be amended at a nn r �r fercn. a .#+F,a y_14 L e by a two thirds vote of the League's General Assembly orbya mail ballot to Member Cities.3s6 A two-thirds vote of approval is necessary to amend these bylaws. Section 2: Who May Propose. Amendments may be proposed by; the League Board or by petition of ten percent of Member Cities.'$' The proponent may specify whether the amendment is considered at the General Assembly or by mail ballot. Section 3: Board Review. r,,, Anyamendmentproposed by petition shall be have first been nrepar 4ri in ;Air tin„ n submitted to the League Board ef- Dir-ectors in writing for its review on or before tFla se 4 d d + e tha nnnfe Fenn ' in' Section 4: Procedure for Mail Balloting. (a) Mailing. The proposed amendment, along with explanatory materials and a ballot, shall be mailed by first class mail to each Member City's governing body for consideration and action. Explanatory materials may include the League Board's recommendation and reasons following its review pursuant to section 3 of this Article. (a) Time Frame for Action. Member Cities shall have at least 45 days to cast their vote on the proposed amendment. Ballots shall be cast by mailing the Member City's ballot by first class mail to the League's principal office in Sacramento. 165 Previously, the "amendments" article was Article XIII. The changes are suggested to clarify the procedure for proposing and considering amendments, which was ambiguous with respect to what extent the resolutions process applied to the amendment process. There also appeared to be the potential of timing difficulties in providing for Board review as late as the second day of the Annual Conference (see existing bylaws Article XIII, section 1), 166 This is an option that has been helpful in Kansas. 167 This threshold is borrowed from the petition process for resolutions in Article VI, section 2. Typeface Conventions: Deleted language from existing bylaws language shown in strikeouts; new or added language shown in italics. Proposed Revised League Byla Revised April 13, 2000 Page 44 (c) Ballot Tabulation and Results Announcement. The League Board will appoint a counting committee of three of its members to count the votes cast by mail ballot. The counting committee will submit its count to the League Board,` which shall canvass the ;rote and announce the results. icy Section 5: Procedure for Consideration by General Assembly. (a) Notice. The meeting notice required by Article V, section 3 for League meetings shall include notice of any proposal to amend the League's bylaws, along with the subject of the proposed amendment(s). (b) Consideration by General Assembly. The proposed amendment. along with any action by the League Board pursuant to section 3 of this Article, shall be considered by the General Assembly along with any resolutions presented pursuant to Article Vi. Section 6: Effective Date. After approval, SLIGh amendments shall o into effect immediately unless otherwise specified in the amendment. Section 7: Protest and Suspension until Next Conference. If, within sixty days after the adoption of any amendment, one-third or more of the Member Cities submit a written protest against such amendment, it shall the amendment is automatically be suspended until the next Annual Conference, when it may be taken up again for reconsideration and: vote as in the first instance. tegalijs'.bcarall Article XVI (relating to bylaws amendments), section .1 ("A two-thirds vote of approval is necessary to amend these bylaws."), and Article XI (relating to voting), section 4 (tying outcomes to the number of votes cast), are nstructive in determining the number of votes necessary for a proposed bylaws amendment to pass via mail ballot. Read together, these suggest two-thirds of those cities responding to the mail ballot must vote in favor of the proposed bylaw amendment for the amendment to be approved. This reading is also consistent with Article V (relating to membership meetings), section 6 (defining a quorum as "[tjhe presence of the voting delegates (or alternate) from a majority of Member Cities registered to attend the Annual Conference" - emphasis added), since ultimately a quorum is tied to the number of cities registered to attend the conference, as opposed to the number of Member Cities in general. Note too that the bylaws contain a protective provision that allows one-third or more of Member Cities to submit a written protest of any bylaws amendment, which requires the amendment to be suspended and voted upon at the next Annual Conference. See section 7 of Article XVI. (Footnote added 7100 in response to. inquiry) Typeface Conventions: Deleted language from existing bylaws languageshown n , new or added language shown in italics. Section 1. AGUE OF CALIFORNIA CITIES BYLAWS (Last amended October 24, 1995) ARTICLE I NAME This corporation shall be known as the Leagu ARTICLE II PURPOSES Cal is Cities. Section 1. The purposes of this corporation shall he the promotion of the general welfare o the cities of this state and the general improvement and facilitation of every branch of municipal government and administration by the following cooperative means: (a) The fostering of conferences of city officials and the maintenance of a central office of information and research for the practical study of matters pertaining to municipal government; (b) The stimulation of greater interest and more active civic consciousness among the people as to the importance and significance of matters relating to municipal government and administration; (c) The publication and circulation of an official magazine, or magazines, and other publications or special reports on municipal government and administration of interest to cities; (d) Sponsoring or supporting necessary or desirable legislation which will be beneficial to the municipalities of the state generally, and opposing legislation injurious thereto; (e) The securing of harmony of action among cities and other governmental agencies in matters that affect the rights and liabilities of the cities of the state, and transmitting to all levels of government the problems of cities and the facts and experiences upon which to formulate urban policies. ARTICLE III - MEMBERSHIP Section 1. Member Cities Any city of the State of California may, by proper action of its legislative body, by the payment of annual dues as prescribed in Section 1 of Article X hereof and by the payment of the special assessment prescribed pursuant to Section 5 of Article IX, become a Member City and as such is entitled to all the services and privileges of the League. Section 2. All duly accredited officers and employees of Member Cities shall be members of this corporation. Section 3, Honorary Members. Any person who has rendered conspicuous service for the improvement of municipal government may, by the vote of the Board of Directors, be granted an honorary membership in the 1 League Bylaws Amended October 24, 1995 g:\mss\member\rid\board\bylaws.doc League. . Al ex -president not have a voice or vote in the League shall be hTonoraembers Honorary Members as Such shall y of the meetings of the League. ART.ICL Board The affairs of the Lc D - BOARD OF DIRECTORS shall be conducted by a Board of Directors composed of the following: The Junior Past President of the League, who shall serve for a term of one year, immediately succeeding his or her term as President; (b) Ten Directors -at -Large, 1) who shall serve fora term of one year 2) who shall be elected by the Board at its organization meeting, and 3) at least one of whom shall be a representative of a srnall city; (c) One Director to be elected from each of the regional divisions and departments of the League who shall serve for a term of two years; A President, First Vice -President and Second Vice -President of the League; and Members of the National League of Cities Board of Directors who hold an office in a C al forma city. Directors shall hold office until their successors are elected and qualified or, if they sit on the Board by virtue of their membership on the National League of Cities Board of Directors, until their terms on the National League of Cities Board of Directors expire. Section 2. Staggered Terms. The terms of the Directors shall be staggered, so that the terms of approximately one-half of the members of the Board shall expire each year. The terms of the Directors from the departments of Fiscal Officers, Public Works Officers, Mayors and Council Members, Planning and Community Development, Fire Chiefs, City Clerks and the following regional divisions: Central Valley, Imperial County, Inland Empire, Monterey Bay, North Bay, Redwood Empire, Sacramento Valley and San Diego County shall expire in the even -numbered years; and the terms of the Directors in the departments of City Attorneys, City Managers, Police Chiefs, Recreation, Parks and Community Services, Personnel and Employee Relations and the following regional divisions: Channel Counties, Desert -Mountain., East Bay, Los Angeles County, Orange County, Peninsula, Riverside County, and South San Joaquin Valley shall expire in the odd -numbered years. Section 3 Election of Directors. Departmental Directors whose terms of office are about respective departments at the time of the Annual Conference. 2 League Bylaws Amended October 24. 1995 expire shall be elected by their g:\mss\mem her\rid\board\bvlaws.d oc Regional Directors whose terms are about to expire shall be e regional division immediately preceding the Annual Conference, Directors -at -Large shall be elected by the Board at its organization meeting, The term of office of all newly elected. Directors shall commence immediately on the adjournment of the Annual Conference, provided that the Board shall meet prior to the adjournment o the Annual Conference for the purpose of organization. Only city officials from Member Cities of th4 League of California Cities are eligible for membership on the Board of Directors. Section 4. Additional Directors. In the event of the creation of additional divisions or departments of the League, each division or department shall elect a representative to the Board of Directors, provided that, when a new department is created at any Annual Conference, the Board of Directors shall select a Director to represent such department until it organizes and elects a Director in the regular manner. The Board of Directors shall fix the initial term of any such Director from a new division or department at either one or two years, so as to keep the number of terms expiring on alternate years as nearly equal as possible. Section 5. Vacancy. In the event of a vacancy in a departmental directorship, the president of the department shall become a member of the Board of Directors, or shall appoint a member of his or her department to fill the vacancy, and the person filling the vacancy shall hold office for the remainder of the term for which his or her predecessor was elected. If a vacancy occurs in the regional division directorship, the regional division in question shall elect a new Director at the next regular meeting of the regional division. The person elected to fill such vacancy in a regional division directorship shall hold office for the remainder of the term for which his or her predecessor was elected. A vacancy shall occur in a departmental directorship, regional division directorship or at -large directorship when any such director fails to retain the same or similar elected or appointed municipal position. Section 6. Regulations. The Board of Directors shall adopt such regulations for its government as it may deem necessary, which regulations shall make provision for adequate notice to all members of said Board of all meetings thereof. Section 7. Executive Committee. There is hereby created an Executive Committee of the Board of Directors to consist of the following: the President, the First Vice -President, the Second Vice-President/Treasurer, the Junior Past President, and the Executive Director. 3 League Bylaws Amended October 24, 1995 g:lmss\member\ridlboardlbylaws.doc The Executive Committee shall have authority to act for the Board of Directors at intervals between meetings of said Board, provided that no action of said committee shall be binding upon said Board unless authorized or approved by the Board of Directors. Section 8. Quorum Except as herein otherwise provided, a majority of the Board shall constitute a quorum for the transaction of all business. Except as herein otherwise provided, any action of the Board shall require a majority vote of the Directors voting on the action. Section 9. Compensation --Directors. The Directors shall not receive any compensation for their services as such, but, by resolution of the. Board, shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of their duties. Section 1.0. . Reports of Directors. Th.e duties of the Board of Directors shall include the making of an annual report to the members of the League at the regular Annual Conference showing the work done by the League and its various departments, the financial condition of the League, and a statement with respect to plans for further work and proposed policies of the League. Section l 1, Officers. The officers of the League shall be a President, a First Vice -President, a Second Vice- President/Treasurer, a Junior Past President, and an Executive Director. A vacancy in the office of President shall be filled until the next tsteeting of the Board by the succession of the First Vice -President to that office. A vacancy in the office of First Vice -President, or Second Vice-President/Treasurer, shall be filled for the unexpired term by appointment of a member of the Board of Directors. A vacancy in the office of the Junior Past President shall be filled for the unexpired term by the last Past President continuing to hold a municipal office: A vacancy in the office of President, First Vice -President, Second Vice -President or Junior Past President shall occur when any such officer fails to retain the same or similar elected or appointed municipal position. Section 12. Executive Director and League Employees. The Board of Directors shall select an Executive Director and employ, or cause to be employed, such other persons as may be necessary who need not be members of the League of California Cities. The Executive Director and employees so selected shall perform such duties and receive such compensation as the Board of Directors may from time to time prescribe. The Board of Directors shall require bonds to be furnished by all employees handling the finances of the League in such amount as it shall deem desirable or necessary, said bond to be approved by the President, and the premiums therefore to be paid by the League 4 League Bylaws Amended October 24, 1995 g:\mss\member\rid\board\bylaws.doe Section 13. Special Corn Special committees may be authorized by the Board for the purpose of studying municipal problems, conducting training, making legislative recommendations or other appropriate League service. The chair of each such committee appointed by the President shall, on the completion of the committee's work, make a report to the Board or General Assembly in such form as the Executive Director may request. Section 1.4. Headquarters, The Board of Directors shall establish and maintain headquarters in the City of Sacramento, California, and may establish and maintain branch offices in such other cities as it may deem necessary. Section 15. Policy Changes. Any policy of the League established by the General Assembly of the League may be changed by the Board of Directors of the League upon ratification of such proposed change by a majority of the regional divisions representing a majority of the member cities of the League within the time period specified by the Board. ARTICLE V - REGIONAL DIVISIONS Section 1. Regional Divisions. There shall be formed within the League of California Cities the following regional divisions: Central Valley, Channel Counties, Inland Empire, Desert -Mountain, East Bay, Imperial County, Los Angeles County, Monterey Bay, North Bay, Orange County, Peninsula, Redwood Empire, Riverside County, Sacramento Valley, San Diego County and South San Joaquin Valley, and such additional regional divisions as may be formed from time to time and approved by the Board of Directors. Section 2. Purposes and Functions of Regional Divisions. The purposes and functions of regional divisions of the League shall be as follows: (a) To promote interest in the problems of municipal government and administration among the officers and employees of cities within such divisions. (b) To assist the officials of the League of California Cities in formulating policies and rendering service by expressing to said League, through resolutions duly adopted, the recommendations of the regional divisions. Resolutions adopted by regional divisions to be considered at the Annual Conference shall be submitted in the manner provided by Article VIII. (c) To take action consistent with the general policy of the League of California Cities as duly adopted by the General Assembly of the League or by the Board of Directors of the League, and no action in conflict with such policies shall be taken by said regional divisions provided, however, that nothing in the foregoing shall be construed to limit or restrict the activities of the regional divisions in matters of purely local interest and concern. 5 League Bylaws Amended October 24, 1995 g:\msslmember\rid`,board lbylaws.doc the (d) To meet not less than once every three months, provided that the Annual Conference of agtte of California Cities may be considered one such meeting of a regional division. Section 3. Na s of Divisions. regional division shall be termed a division of the League of California Cities. A. distinctive name by which the division shall be known shall be adopted and shall be used as a prefix to the League of California Cities, such as: Inland Empire Division League of California Cities Section 4, Boundaries of Regional Divisions. Territorial boundaries of each regional division shall be fixed by said division subject to the approval of the General Assembly. Section 5. lbiembership of Regional Divisions. All cities within the boundaries of the regional division may become members of and participate in the activities of the regional divisions. Section 6. Voting and Regional Divisions. The representatives of each Member City shall cast collectively one vote, and a majority of the votes cast shall be necessary for a decision. Section 7. Officers of the Regional Divisions. There shall be elected by the membership of each regional division a President, a Vice -President, and a Secretary, and such other officers as such regional division may establish. Such election shall be held annually or biennially at the meeting of said regional division held next preceding the Annual Conference of the League of California Cities. The term of office of all newly elected officers shall commence immediately upon election unless another date is provided by the regional division bylaws. In the event of a vacancy in any regional division office, such vacancy shall be filled by election at the next regular meeting of such division. The fact that such a vacancy will be so filled shall be included in the notice of such meeting. Biennial elections may be held only if a majority of the members amend regional division bylaws to provide for two year terms for regional division officers. Section 8. Duties of Regional Division Secretary. The Secretary of each regional division shall immediately notify the League of California Cities of any change in the officers of the division, record the minutes of all meetings of the division and send one copy thereof to the headquarters office of the League of California Cities, and shall prepare and mail all notices of the meetings of the division and send one copy thereof to the headquarters office of the League of California Cities. 6 League Bylaws Amended October 24, 1995 g:\mss\member\rid\board\bylaws.doc Section 9. Regional Division Bylaws Regional divisions may adopt their own bylaws governing local operations provided such bylaws do not conflict with those of the League of California Cities. ARTICLE VI DEPARTMENTAL ORGANIZATION Section 1. Departments. There are hereby created the following departments of the League, to wit` Department of Mayors and Council Members Department of City Attorneys Department of Fiscal Officers Department of Public Works Officers Department of City Managers Department of Planning and Community Development Department of Police Chiefs Department of Fire Chiefs Department of Recreation, Parks and Community Services Department of City Clerks Department of Personnel and Employee Relations Other departments may be created by resolution at the Annual Conference. Section 2. Organization. Each department shall elect its own President, First Vice -President and Second Vice- President/Secretary from its own membership and shall hold meetings of the department at the time of the Annual Conference and may provide for departmental meetings at such other times and places as it may deem necessary. A vacancy in the offices of President, First Vice -President, or Second Vice - President shall occur when any such officer fails to retain the same or similar elected or appointed municipal position. A vacancy in the office of President shall be filled for the unexpired term by the succession of the First Vice -President. A vacancy in the office of the First Vice -President, or Second Vice-President/Secretary of the department shall be filled by appointment by the President of the department. The person so appointed shall be a member of such department. All voting shall be as provided in Section 1 of Article XI. ARTICLE VII - QUALIFICATIONS TO HOLD OFFICE Section 1. Eligibility to Hold Office. Excepting the office of Executive Director, no person shall be eligible to hold office in the League or any division or depaitment thereof unless he or she is officially in municipal service at the time of his or her election or appointment. In case he or she should leave municipal service during his or her term of office as an officer of the League or any division or department thereof, his or her office shall be deemed vacant; provided, however, he or she shall continue to hold such office until his or her successor is elected or appointed. 7 League Bylaws Amended October 24, 1995 gnmsslmemberlrid\boardlbylaws.doc ARTICLE Section1. Annual Confere The regular Annual Conference of the League of California Cities shall be held at such time and at such place as the Board of Directors shall determine. In case of any unusual conditions or extraordinary emergency, the Board of Directors may, in its discretion, change such time or place of meeting. Prior to each Annual Conference the Executive Director shall communicate with the officers of each of the departments of the League requesting the appointment of a conference program committee. The Executive Director shall give such assistance in preparing the program for each department as the President and program committee thereof may request. The program for the meetings of the General Assembly shall be arranged by the Executive Director after conference with, and subject to the approval of, the Board of Directors, which program shall be devoted to subjects of general interest to all city officials as distinguished from subjects which are of interest to a particular department only. Any official or officials of a Member City may, with the approval of the city council, be designated a delegate or delegates to any conference of the League, provided, that the mayor of such city shall be ex officio delegate to the conference of the League. Delegates to the Annual Conference shall constitute the General Assembly of the League of California Cities. Section 2. Special Meetings. Special meetings of the League may be called by the Board of Directors and shall be called by the Board upon the written request of forty Member Cities, Section 3. Notice of Meetings. Notice shall be given to all Member Cities of the time and place of all regular and special meetings by mailing a written or printed notice at least fifteen days prior to said meetings, or by publishing a notice thereof at least two weeks prior to said meeting in the official publication of the League; provided, however, that failure to receive such notice shall not invalidate any proceedings at such meeting. Section 4. Parliamentarian. The Board shall appoint a Parliamentarian to resolve procedural issues. Section 5. Resolutions. (a). - Resolutions Committee The President shall appoint a committee on Resolutions thirty (30) days prior to each Annual Conference, which committee shall consist of not less than thirty (30) city officials. The President shall appoint to the committee a representative of each policy committee, regional division and functional 8 League Bylaws Amended October 24. 1995 g:\mss\member\rid\board\bylaws.doc department of the League, and he or she shall also appoint a chairperson and vice chairperson of tat committee and such additional members as the Presidentdeems necessary to recognize the multiplicity of functions not represented by other nominations including but not limited to board and commission members, professional staff and geographic and population balance: At least forty-five (45) days prior to each Annual Conference, each policy committee, regional division and functional department shall nominate at least one of its members to, the President for appointment to the committee on Resolutions. In the event the full committee is not in attendance at the annual meeting, the President shall appoint a sufficient number of officials in attendance to achieve a total of thirty (30): No less than two-thirds (2/3rds) of the membership of the Committee on Resolutions shall be mayors and council members. Except for resolutions of courtesy, commendation, appreciation or condolence, no resolution expressing the opinion or policy of the League on any question shall be considered or discussed, by the Conference, unless it has been first submitted to, and reported on, by said Committee on Resolutions. (b). Procedure for Review. Resolutions shall originate from city officials, the regional divisions, departments, policy committees, or Board of Directors or by means of being included in a petition signed by designated voting delegates of ten percent (10%) of the number of member cities. Except for resolutions presented directly to the President of the League contained in a petition signed by designated voting delegates of ten percent (10%) of the number of member cities, all resolutions shall be submitted to the Resolutions Committee, at the League office, not later than sixty (60) days prior to the opening general session of the Annual Conference. All resolutions submitted to the Resolutions Committee shall be referred by the President to an appropriate policy committee for review and recommendation prior to the opening general session of the Annual Conference, and such resolutions with recommendations shall be reported to the Committee on Resolutions at the Annual Conference. c). Resolutions Proposed by Petition. A designated voting delegate of a city may present by petition a resolution to the President of the League for consideration by the Resolutions Committee. The petition must contain the specific language of the resolution, a statement requesting consideration by the General Assembly and must be signed by designated voting delegates of ten percent (10%) of the number of member cities. The signed petition must be presented to the President of the League no later than twenty-four (24) hours prior to the time set for convening of the Business Session of the General Assembly. If the President finds that the petition has been signed by designated voting delegates of ten percent (10%) of the number of member cities, the petition shall be reviewed by the Parliamentarian and then presented to the Chair of the Resolutions Committee. If such petition resolutions are submitted prior to final action on resolutions by the Resolutions Committee, they will be considered by the Resolutions Committee following consideration of other resolutions. The resolution contained in the petition, along with action of the Resolutions Committee, shall be considered by the General Assembly following consideration of other resolutions. (d). Miscellaneous Procedural Matters. If the Parliamentarian finds that a resolution submitted by petition is identical to or substantially similar in substance to a resolution already under consideration, the petitioned resolution will be disqualified. 9 League Bylaws Amended October 24, 1995 g:\msslmember\rid\board\bylaws.doc In order to facilitate such petition resolutions, a list;of v during the Conference to any voting delegate upon request ng delegates shall be made available No resolution shall be considered or adopted unless it has some direct affairs. ation to raunicipa No resolution shall ever be adopts debate thereon. Resolutions adopted by the General Assembly of the League meeting in Annual Conference and such policies as are not inconsistent therewith adopted by the Board of Directors shall constitute the policy of the League. d until an opportunity has been afforded for full and free Section 6. Credentials. It shall be the duty of the President, on the first day of the Annual Conference to appoint a Credentials Committee of three (3). In case of dispute it shall be the duty of this committee to determine the right of a member to vote. TICLE IX - FINANCES Section 1. Fiscal Year. The fiscal year of the League shall be the calendar ye Section 2. Budget. Not less than fifteen days prior to the budget meeting of the Board of Directors each year, the Executive Director shall cause to be prepared a detailed budget setting forth the estimated revenues and expenditures for the ensuing fiscal year and shall submit such budget to the Board of Directors for its consideration and approval. Section 3. Limitation of Expenditures. The Board of Directors shall not incur indebtedness in excess of the estimated or actual revenues for the ensuing fiscal year, without the approval of the General Assembly. Section 4. Annual Audit. There shall be an annual audit of the accounts of the League by a certified public accountant upon the close of the League's fiscal year. Section 5. Special Assessment for League Building. By resolution approved by a majority of those cities present and voting thereon at an Annual Conference, a special assessment may be levied for the establishment of a permanent headquarters office building in Sacramento as specified in the resolution. 10 League Bylaws Amended October 24, 1995 g:imss\memberlrid\board\bvlaws,doc Proposed. Revised League Byla Revised April 13, 2000 Page 12 (b) Referral to Policy Committees: All resolutions submitted to the Resolutions Committee may?'sh-ail be referred by the League President to an appropriate policy committee for review and recommendation prior to the opening general session of the Annual Conference, and such resolutions with recommendations shall may reported to the Resolutions Committee on -Resolutions at the Annual Conference: The inability of a policy committee to make a recommendation on any resolution does not preclude the Resolutions. Committee from acting upon it.'e Section 5: Resolutions Proposed by Petition5' (a) Presentation by Voting Delegate. A designated voting delegate of may present by petition a resolution to the League President of the L. gue for. consideration by the Resolutions Committee. These resolutions are known as "petitioned resolutions."' (b) Contents. The petition shall must contain the specific language of the resolution, a statement requesting consideration by the League's General Assembly and shall must be signed by designated voting delegates of ten percent{4-0%) of the number ofi Member oCities. (c) Time Limit for Presentation. The signed petition shall must be presented to the League President of the i eague no later than twenty-four -(-24) hours prior to the time set for convening of the Eusinees Sooion-of-theLeague's General Assembly 57 The suggestion is this be discre petitioned resolution to a policy committee. nary in the event timing difficulties prevent the submittal of a 58 These language changes are suggested to respond to question are unable to make a recommendation because of quorum difficulties. 59 Derivation: This section was originally section 5(c) of Article VIII of the existing bylaws hich arise when policy committees 60 This phrase is used in section 5(d), but otherwise the references to these kinds of resolutions are inconsistent. Accordingly, there are suggested language changes throughout this section to make the reference to "petitioned resolutions" consistent. 61 A goal throughout the proposed bylaws is the consistent use of terminology. This proposed change is part of an overall effort to be consistent in how the bylaws refer to the General Assembly. Note to program planning committee: the timing in this section of the bylaws means that the Resolutions Committee meeting must be scheduled within 24 hours of the General Assembly. Typeface Conventions: Deleted language from existing bylaws>language shown in strikeouts; new or added language shown in italics. Proposed!::Ptoposeet Revised League Bylaws Revised April t3, 2000 Page 1 3 (c0 Parliamentarian Review. If the League President finds that the petition has been signed by designated voting delegates of ten percent ; ;'of the number of Mmember Collies, the petition shall be reviewed by the Parliamentarian and then presented to the cehair of the Resolutions Committee.2 If the Parliamentarian finds that a resolution submitted by petition is identical to or substantially similar in substance' to a resolution already under consideration, the petitioned resolution will be disqualified.s3 4 (e)Consideration by General Assembly. 'The petitioned resolution co tai ed it the petitier�, along with the action of the Resolutions Committee, zhatl will be considered by the League's General Assembly following consideration of other resolutions. (d} Miscellaneous Procedural Mattors' If fhe Parliamentarian finds that a rem „+ „„++ ,� b etiti n is d + + Or substantially similar.in substance petitioned resolution will be disqualifiod. 6s (fj Availability of List of Voting Delegates In order to facilitate such petition rresoltution,s,-a A list of voting delegates shall be made available during the Annual Conference to any designatedvoting delegate.,upon request.ss 62 The suggested changes in capitalization are made for consistency with preceding bylaws language. 63 Derivation: This provision was previously listed under "Miscellaneous Procedural Issues" in Article VIII, section 5(d) (first paragraph). 64 The existing language is arguably ambiguous (what happens if a petitioned resolution is submitted after final action on resolutions by the Resolutions Committee?) and did not seem to add anything to Article VI, section 3(e) (requiring that the Resolutions Committee must review all resolutions). 65 This section has been moved to new section 5(d) in Article VI. 66 Derivation: This provision was previously listed under "Miscellaneous Procedural Issues" in Article VIII, section 5(d) (second paragraph). The reference to "designated" voting delegate is for consistency with other references in the bylaws. Typeface Conventions: Deleted language from existing bylaws language shown in ctrikcouts; new or added language shown in italics. Proposed Revised League Bylaws Revised April 13, 2000 Page 14 No re sei rtOnshall baoonsidered or adopted unless it has sortie direct relation Section 6: Full Debate.adapted until an opportunity has been afford a �' eG—deba e t eon. The opportunity for full and free debate on each resolution shall occur prior to adoption of a resolution.' ng in Annual Conference and such policies as are not inconcistont her Directors shall constitute the policy of the League.69 Article V/l IV: Board' of Directors70 Section 1>• Role and Powers. Subject to the provisions and limitations of California Nonprofit Corporation Law, any other applicable laws, and the provisions of these bylaws, the League's activities and affairs are exercised by or under the direction of the League's Board of Directors: The League Board is responsible for the overall supervision, control and direction of the League. The League Board may delegate the management of the League's affairs to any person or group, including a committee, provided the League Board retains ultimate responsibility for the actions of such person or group. 67 This language has been moved to section 1 (last sentence) in Article VI. 68 Denvation: This provision was previously listed under "Miscellaneous Procedural Issues" in Article Viii, section 5(d) (fourth paragraph). 69 This language has been moved to section 1 (first sentence) in Article VI. 70 The "board of directors" section of the bylaws was previously located in Article IV. Section numbers and titles are proposed to make the article user -friendlier. 71 This new language reflects the addition of standard bylaw provision for membership associations. California's nonprofit corporation law requires the board's retention of ultimate responsibility. See Cal: Corp. Code § 7210 ("all corporate powers shall be exercised by or under the direction of the board"). Typeface Conventions: Deleted language from existing bylaws` language shown. in strikeout , new or added language shown in italics. Proposed Revised League Bylaws Revised April 13, 2000 Page 15 Section -2. Composition . The affairs of the League's shall b ^ z� Board of D re to s'is composed of the following. The Junior Immediate Past President72 of the League, who shall serves for a term of one year, immediately succeeding his or her term as President; Ten Directors -at -Large, who shall serve for a term of one year (2) who shall be are elected` by the League Board` at its organization meeting, and (3} at least one of whom shall -be is a representative of a small city, One Director to be elected from each of the regional divisions and departments of the League, each of whom shall serves for a term of two years; A President, First Vice -President and Second Vice -President of the League. who each serve a term of one year' and are elected pursuant to Article VIt, section 2, and (e) Members of the National League of Cities Board of. Directors who hold an office in a Califor-nia-c Member City.'¢ 72 Mosforganizations use the term "immediate past president" instead of "junior past president." 73 This language is proposed to be inserted for consistency with the rest of the section, which indicates how long each director serves; See also new Article Vlil, section 2, which also specifies a year term for the officers. 74 This change is proposed for consistency with Article X, section 1(a) and to remove any ambiguity concerning whether NLC representatives must be from member cities. Typeface Conventions: Deleted language from existing bylaws language shown in strikeouts, new or added language shown in italics. Proposed Revised League;Byla Revised April 13, 2000 Page '16 Directors shalt hold office until their successors are elected and qualified or, if they sit on the League Board by virtue of their membership on the National League of Cities Board of Directors, until their terms on the National League of Cities Board of Directors expire conclude. Section 3::.Staggered Terms. The terra that the terms of approximately one-half o expire each year. of the Directors shall -tie are staggered, so tie members of the League Board matt (a) Even -Numbered Year Terms. The terms of the Directors from the departments of Fiscal Officers, Public Works Officers, Mayors and Council Members, Planning and Community Development, Fire Chiefs, City Clerks and the following regional divisions: Central Valley, Imperial County, Monterey Bay, North Bay, Redwood Empire. Sacramento Valley and San Diego County shall expire in the even -numbered years; and . (b) Odd -Numbered Year Terms. 4The terms of the Directors in the department of City Attorneys, City Managers, Police Chiefs, Recreation, Parks and Community Services, Personnel and Employee Relations and the following regional divisions: Channel Counties, Inland Empire, Desert -Mountain, East Bay, Los Angeles County, Orange County, Peninsula, Riverside County and South San Joaquin Valley shalt expire in the odd -numbered years. Section 3 4: Election of Directors (a) Department Directors. Unless their respective department bylaws provide otherwise,' Departmental Directors 76 are elected by their respective departments at the time of the Annual Conference. 75 Some departments do indeed provide for a mail ballot preceding the Annual Conference to elect all their officers, including their representative on the League's board. See also Art. X, § 2(b) (relating to election timing for department officers and allowing department bylaws to control). Note, however, that the bylaws provide that all directors, irrespective of their election date, begin their term on the League board at the same time. See Art. VII§ 4(d) (providing all directors' terms begin upon adjournment of the annual conference). 76 The language which referred to "directors whose terms are about to expire" being elected seemed circular. Typeface Conventions: Deleted language from existing -bylaws language shown` . in strikeouts; new or added language shown in italics. Proposes! l e ise€1 Lea ue pp Revised April t 3, 2ggci . Page '1Z (b) Division Director . Unless their respective regional division's bylaws provide otherwise;," Regional Directors whose terms are about to expire shall be 7' are elected at the et regional division meeting immediately preceding the Annual Conference. {c) At -Large Directors, Directors -at -Large Ali- are elected by the League Board at its organization meeting. (d) Commencement of Terms. The term of office of all newly elected Directors <> mall commences immediately on the adjournment of the Annual Conference, provided that however the newly constituted Board shall may meet prior to the adjournment of the Annual Conference for the purpose of organization. eligiblo for membership on the Board of Directors.T9 (e)-Sestl+r . Additional Directors. In the event of the creation of additional regional divisions or departments of the League, each regional division or department shall may elect a representative to the League Board of Directors,. prove ed that1 v� When a new department or regional division is created at any Annual Conference, the League Board of Director& shall may select a Director to represent such department or regional division until it "the entity organizes and elects a Director in the regular manner_ The League Board of -Directors shall may fix theinitial term of any such Director from a new regional division or department at either one or two years, so as to keep the number of terms expiring on alternate years as nearly equal as possible. 77 Some division bylaws provide for earlier elections. See also Art. IX, § 7(b) (relating to election timing for division officers and allowing division bylaws to control). Note, however, that the bylaws provide that all directors, irrespective of their election date, begin their term on the League board at the same time. See Art. VII § 4(d) (providing all directors' terms begin upon adjournment of the annual conference). 78 The language which referred to "directors whose terms are about to expire' being elected seemed circular. 79 This requirement has been moved to Article XII, section 1 so as to make it applicable for all League offices. Typeface Conventions: Deleted language from existing bylaws language shown in strikeout ; new or added language shown in italics. .Proposed Revised League Revised April 13, 2000 Page 18 ectien 5: Vacancies. (a) Departmental Directorships. in the event of a vacancy in a departmental directorship, the president of the department shall may become a member of the League Board of Directors,$° or shall may appoint a member of his or her department to fill the vacancy.. , and t The person filling the vacancy shall holds office for the remainder of the term for which his or her predecessor was elected. (b) Regional Division Directorships. If a vacancy occurs in the regional. division directorship, the regional division in question shall may elect a new Director at the next regular meeting of the regional division. The person elected to fill such vacancy in a regional division directorship shall holds office for the remainder of the term for which his or her predecessor was elected. directorship or directorship when any ouch director falls to rot ainthe came e aimilar elected or appointed municipal position.' Section 6: Resignation. Any Director resignation is effective upon receipt in writing by the League's President or Executive Director, unless a later date is specified in the letter. $2 Sec tion 7: Nleetings and Meeting Notice. The Board shall meet no fewer than four times a year. Notice of regularly scheduled Board meetings shall be mailed to each Director at least 14 days before any such meeting. A good faith effort shall be made to provide notice of any emergency board meetings (for example, by first-class mail, personal or telephone notification, including a voice messaging system or other system or technology designed to record and communicate messages, telegraph, facsimile, electronic mail, or other electronic means). All meeting notices shall include the date, place, and time of the meeting.83 80 Note that this means that the president can occupy both offices simultaneously. 81 This deletion is suggested to avoid duplication/inconsistency with Art de Xll, section 2. 82 Typically bylaws provide procedures for resignations. 83 Board meeting notice provisions are typically included in non-profit bylaws. See Cal. Corp. Code§' 7151(c)(2) (suggesting bylaws contain directors meeting notice provisions). Under the current bylaws, the manner in which notice is given is determined by Board policy (see stricken language immediately following, in section8). The bylaws committee may wish to review the time periods to insure they meet city officials' needs. Typeface Conventions: Deleted language from existing bylaws language shown in etrikcoutc; new or added language shown in italics. Propssed Revised League Bylaws Revised April 13, 200{ Page 19 Section 6 8: Policies Regulations. The League Board of Directors such regu arm policies for its government as it may deems necessa uiations-shall make provision for adequate notice to all members-e i eetinus thereof.°4 may adopt rhich Section ' 9. Executive Committee. (a) Composition. There is hereby created an The Executive Cornirtittee of the League Board of Directors to consists of the following: the League's President, the First Vice -President, the Second Vice-Presidentrrreasurer, the Junior Immediate Past President, and the Executive Director. (b) Authority. The Executive Committee shall have has authority to act for the League Board of Directors at intervals between Board meetings of said Board, provided that no action of aid committee shall the Executive Committee is be binding upon said the League Board unless authorized or approved by the Board of Directors. Section 8-10: Quorum and Voting, Except as herein otherwise provided in these bylaws, a majority of the members of the League Board shall constitutes a quorum for the transaction of all business. Except as herein otherwise provided in these bylaws, any action of the League Board shall -requires a majority vote of the Directors voting on the action. Proxy voting is not allowed» Section -11: Compensation -Directors. The Directors shall do not receive any compensation for their services asp such, but --by resolution of the, with Board approval, shall may be entitled to reimbursement for actual and necessary expenses incurred in the performance of their duties.' Section 10-12: Reports of Directors, The League Board's duties of the Board of Directors shall include-the-making-of-anaproviding an annual report to the -League 84 Provisions for board meeting notice are proposed to be included in the bylaws (see section 7 above). Also, the board refers to its regulations as "policies." 85 This is a bylaws committee recommendation to address a situation that arose several years ago in a contested officer election. Note that this is not intended to affect the existing board policy relating to board alternates. 86 Presently reimbursements are authorized by Board policy (as opposed to a resolution). Typeface Conventions: Deleted language from existing bylaws language shown in strikeouts; new or added language shown in italics. Proposed Revised League Byla Revised April 13, 2000 Page 20 members of fhe League a#the regular Annual Conference' showing the League's work:. , the Leagues'financial condition of th gage and a statement with respect to the League's plans forfurthe(work and proposed policies of the L quo ' Section 13. Standard of Dare,$$. (a) General, A Director shall perform the Director's duties, including duties on any committee on which the Director serves, in good faith, in a manner the Director believes to be in the best interests of the League and with such care, including reasonable inquiry, as an ordinarily prudent person in a like situation would use under similar circumstances. (b) Reliance on Information. In performing' the Director's duties, the Directoris'- entitled to rely on information;; opinions, reports, or statements, including financial statements and other financial data, prepared or presented by. �} 'One or more League officers or employees whom the Director believes to be reliable and competent as to the matters presented; (2) Counsel, independent accountants, or other persons as to matters which the Director believes to be within such person's professional or expert competence; or 1 A Board committee upon which the Director does not serve, as to matters within the committee's designated authority, provided that the Director believes the committee merits confidence, The Director may rely on such information, opinions, reports, or statements as long as the Director acts in good faith after reasonable inquiry (when the need for such inquiry is indicated by the circumstances) and as long as the Director has no knowledge which would suggest that such reliance is unwarranted. 87 Typically the executive director and president have provided this report. The proposed changes are to reduce excess verbiage. 88 This new language reflects the addition of standard bylaw provision for nonprofit organizations. See Cal. Corp. Code § 7231 (providing that a director that performs the director's duties according to these standards has is not liable for any alleged failure fo properly discharge the individual's obligations as a director). Typeface Conventions:. Deleted language from existing bylaws language shown in stnilkeouts; new or added language shown in italics. Proposed Revised league Bylaws Revised' April 13, 2U0t}. Page 21; rcc Non -Liability. An individual who performs the duties of a Director in accordance with this section will not be liable for any failure or alleged failure to discharge that person's obligations as a Director, including, without limiting the generality of the preceding, any actions or omissions which are inconsistent with the League's nonprofit purposes. Section 3-94: Special Committees. The League Board may establish advisory committees for the purpose of to studying city municipal problems, conducting training, makeiag legislative recommendations or other appropriate League service. The chair of each such committee is appointed by the League President for that President's term89 and shall, on the completion of the committee's work, make a may be asked to report to the League Board or General Assembly it a enh orm as th - ea itiy rlireGtor m .t -Feq i :st 90 headquarters in the Ci branch -offices -in sash other i€ics as it may deem necessary. 99 Section 15: Right to Inspect Records. Every Director has a right at any reasonable time to inspect and copy all League books, records and documents of every kind and to inspect the League's physical property.92 39 There was some concern that the exi r advisory committee chairs. 90 Derivation: This language, as proposed to be modified, was originally section 13 of Article IV. The proposed language puts the section into the active voice and removes what appears to be excess verbiage. The suggestion is to make committee reports optional: 91- See new section 2 of Article I. sting bylaw language was unclear on the length of the term fo 92 This new language reflects the addition of standard bylaw provision for nonprofit organizations: See Cal: Corp. Code § 8333 (characterizing this right as °absolute"). Typeface Conventions: Deleted language from existing bylaws language shown in strikeouts new or added language shown in italics. Proposed Revised League Byla Revised April 13, 2000 Page 2 Article t!; Purposes' Section 1: General" The League's purposes are the promotion of California cities'. the general welfare of the cities of this state and the adm isiratio by the following cooperative means - (a) The -fostering of Organizing' conferences of city officials and thmaintnance sf maintaining a central office of information and research for the practical study of matters pertaining to city municipal government;'° (b) The stimulation of Stimulating greater interest and more active civic consciousness among the people as to the importance and significance of matters relating to city i tHlioipai government and administration; (aj The publication and circulation of Publishing an officia magazines, and other publications or special reports on city administration of interest -to -cities; agazine, or government and (d) Sponsoring or supporting necessary or desirable legislation which will be beneficial to California cities the --municipalities of the state generally, and opposing injurious legislation injurious thereto, (e) The cSecuring of harmony of action" among cities and other governmental; agencies in matters that affect California cities'the rights and liabilities of the cities of 8 Derivation: This is from Article II, section 1 of existing League bylaws, with numbering modified for consistency and some streamlining of the language for ease of use. 9 "Fostering" seemed like an odd word choice. 10 In some contexts, the use of the term "municipal' or "municipalities" could arguably create an ambiguity in the bylaws. To avoid this, the proposal is to use the more specific term "city" in place of "municipality" and "municipal" throughout the bylaws. 11 This language is proposed to be stricken on the theo interfere with local actions and prerogatives. hat the: League does not generally endeavor to Typeface Conventions: Deleted language from existing bylaws language shown in ctrikeoutc; new or added language shown in italics. - legali Proposed Revised League Bylaws Revised April 13, 2000 Page 3 the sue, and r tansmitting to.all levels of govrnmthe problems ofi cities and the facts and experiences upon which to formulate urban'2 policies. Section 2: Board Prerogatives. The League Board may adopt and revise mission statements arid 'strategic plans to strengthen'and focus the League's efforts in service tc cities. Article III: Membership Section 1: Qualificationtr+ics.:- (a) Cities. Any city, or city and county," ^++"v� �,,,e State f in California may, by gaslative-body by the payment of annual dues as prescribed in Section 1 of Article lU X hereof and -by the payment of the special assessment Prescribed pure nt to cam+.;�: � � i , r,�,o_l;t, become a Member City and as such is entitled to ail -the League services and privileges of the Loaguo.15 (b) Officers and Employees. All u-aoorredited officers and employees of Member Cities shall be are members of the League##pis-seeratiea.'s Section 2: Termination. Membership is suspended or terminated whenever any of the following occur (a) The Member City resigns by giving written notice to the League, (b) The Member City does not pay dues, fees or assessments in the amounts and terms set by the League Board or 12'Historically, the League has not limited itself to only urban policies. i 3 This language is suggested in recognition of the League board's current efforts n this regard. 14 This proposed language reflects the eligibility of those entities which are both cities and counties (San Francisco) for League membership. 15 Derivation: This is language from existing bylaws Article Ill, section 1, with proposed modifications to reflect the fact that payment of the special assessment imposed to finance the League headquarters building is not an ongoing requirement for League membership. The remaining, stricken language seemed to be surplusage. 16 Derivation: This language is from Article Ill, section 2 of existing League bylaws, modified to be less', is (for example, it was not clear what "duly accredited" city officers and employees are). Typeface Conventions: Deleted language from existing bylaws language shown in strikeouts; new or added language shown in italics. Proposed Revised League ,Bylaws Revised April 13, 2000 Page 4 (e An event occurs that makes the Member City ineligible for membership." Section 3: Honorary Members. Any person vvho has given rcndered conspicuous service for the improvement of city municipal government may, by the vote of the League Board +f D ;ors, be granted an honorary membership in the. League. All ex - presidents of the League are shall bo Honorary Members. Honorary Members as such shall do not have a voice or vote in any of the meetings of the League and do not have membership status in the League for purposes of state and federal laws.'$ Section 4: Non -Liability. No Member City is liable for the debts or obligations of the League' Article IV IX: Dues20 Section 1: Dues -Establishment. The League Board establishes the League's dues annually according to city population. For the purpose of this section, t The population of each city is shall be the population determined used by the State Controller in making the most recent allocation of subventions to cities.' Il"r....! n 14en1 Ilsyz e 17 This is new language reflecting addition of standard bylaw provision for membership associations. See Cal. Corp. Code § 7341(c) (requiring termination procedures to be included in bylaws). An example of the latter, (section 2(c)) would be disincorporation., 19 Derivation` This language is from Article Ill; section 3 of existing League bylaws. The new language clarifies that the existence of honorary memberships does not affect the League's status as an association of public entities under state or federal law. 19 This is new language reflecting addition of standard bylaw provision. 20 Derivation: This language is from Article X of existing League bylaws (most bylaws put the "dues section closer to the "membership" section). 21 Derivation: This language is from Article X, section 1 of existing League bylaws. Typeface Conventions: Deleted language from existing bylaws language shown iri strikeouts; new or added language shown in italics. Proposed Revised League Bylaws Revised Aprill3, 2000 Page 5 this Article. Cus ter > at ( similar pop! tuber Cities will__be equa 22 n no event shall the annual d he dues of other Member 2 Section 2: Increase in Dues. As may be warranted, the League Board of Directors- by a 4iatn fhi d f71'.2\ 2'� ttnta ::.may increase the preceding year's dues echodule after notice and justification to the Member Ccities., as provided? in Section 1 The League Board25 may increase dues up to ten percent .0-%) 2 annually. In no event will a city's dues increase by more than $5,000 per year.27 Section 3. Ratification by Regional Divisions. (a) Any change in dues inerease adopted by the League Board of Directors as provided for in Section 2 above shall which exceeds the "consumer price index" for the preceding twelve months shall be submitted to the regional divisions for ratification. For purposes of this section, the consumer price index will be the California consumer price index for all urban consumers calculated by the California Department of Industrial Relations or its state or federal successor. (b) Ratification by a majority of the regional divisions representing a majority of the Member Cities constitutes approval of the dues change increase. Regional divisions shallFaust-respond to the submittal of the proposed dues change incr ass- 22;This language is partially incorporated into new section 1 of Article IV. Note hat the League has had a practice of waiving new cities' first year dues, which seems to make the second sentence of this section unnecessary. 23 This provision has been moved to section 2. 24 The bylaws committee recommends that dues be set by a majority vote. 25 A very small point: The bylaws were generally inconsistent in their references to the League board. The modifications reflect an effort to consistently refer to the board as "the League Board." 26 The current thinking in legal drafting is that including both words and numbers to represent numerical values is unnecessarily redundant Accordingly, the proposal is to remove the redundancy wherever it occurs in the bylaws: 27 Denvation: This language is from Article X; section 1 of existing League bylaws. Typeface Conventions: Deleted language from existing bylaws language shown in strikeouts; new or added language shown in italics. Proposed Revised League Byl Revised April 13, 2000 Page 6 within 60 calendar days from thc date of brnittal y the League Board's notice of the change of Directors. Regional divisions not responding within 60 calendar days chall be are considered as having ratified the dues change increase. Section 4; Delinquency. Any ember City of the League whois delinquent in dues, fees or assessments may be suspended or have that member's membership terminated as provided in Article 111, section Article V # II#: Membership Meetings29 Section 1: Annual Conference. (a) Time and Place. The League's regular Annual Conference of the League of` ch I -lac is held at each the time and at -such place as the League Board of Directors shall determines. - In case of any unusual conditions or extraordinary emergency, the League Board of Directors may, in its discretion, change sush the time or place of the meeting. (h) Conference Program Planning,'; Prior to each Annual Conference, the executive Director shall communicate wi} he of e, of ach-^ f-the departments of thi ittee. The Executive Director shall give such assistance fr preparing the program for each department as the President and program committge thereof request. Directors, which program shall be devoted to subjects ofgereral interost to all city 28 New language reflecting addition of standard bylaw provision for membership associations. 29 The "meetings' section of the bylaw are proposed to make the article user -friendlier. was previously located in Article VIII. Section numbers and titles 30 To address the discrepancy between what the bylaws require and the practice has been, the proposal is that the board simply be given authority to devise a conference program planning process (through its policies). Also note that the reference to "President" in this section was a bit ambiguous inasmuch as the preceding sentence referred to communicating with the department officers; there also seems to be confusion between the general conference sessions and the official proceedings of the "General Assembly." Typeface Conventions: Deleted language from existing bylaws'language shown in strikeouts; new or added language shown in italics. 1 Proposed Revised League Bylaw Revised April 13, 2000 Page '7, The League Board shall establish an Annual Conference program planning process. that provides for input from representative segments of the League's membership.' (c) City Delegates as General Assembly. Any official or offtcleis of a Member City may, with the approval of the city council, be designated a the city's designated voting delegate or alternate delegates' to any nnn erence r f the League meeting,— legate to the conference of the League. 33 Designated voting delegates (or their alternates) registered to attend" the Annual Conference shall constitute the League's General Assembly of the League t California Cittec.35 Section 2: special filleetings. Special meetings of the Leaguemay be called by the League Board of Directors and shall be called by the League Board upon the written request of forty Member Cities. This suggests that the conference program planning process be made part of the Board's policy manual. 32 As a matter of practice, the Leagues policy has been to allow an exchange of a city's voting card between the designated voting delegate and the alternate. The Leagues practice has also been to allow the designated voting delegate and the alternate to pass the city's voting card to another official from the same city in the event the designated voting delegate or alternate is unable to attend the General Assembly. The process has involved a personal appearance before the Credentials Committee. to make the substitution. 33 The original language seemed confusing. The proposed language is an effort to clarify that each city gets one voting delegate. The language allowing"officials" to be appointed seems to allow for the designation of one or more alternate voting delegates, although the concept could be stated more directly. The language relating to the mayor being an ex officio delegate seemed to suggest the mayor could not serve as a voting delegate, which is inconsistent with city and League practice. 34 There has reportedly been an issue in the pastas to whether delegates must be registered to attend the conference, Since the proposed language ties the quorum for the General Assembly to the presence of a majority of voting delegates from Member Cities, see Article V, section 5, the suggestion is to incorporate the registration requirement in the definition of what constitutes the General Assembly. If the board is uncomfortable with this, an alternative into simply require checking in with the credentials committee and measuring a quorum from who has checked in with the credentials committee. This would require a conforming change to section 6 of this article 35 Note that the bylaws will treat the phrase "Leagues General Assembly" as a sort of defined term and there are a number of proposed modifications to references to the Assembly to be more consistent and avoid any, ambiguities that inconsistencies may create. Typeface Conventions: Deleted language from existing bylaws language shown in strikeouts; new or added language shown in italics. -Proposed i,Fteytsed l eague Bylaws Revised April 13, 000 Pace ti Section 3: Notice of Meetings. Notice shall be given to all Member Cities of the time and place of all regular and special meetings by mailing a written or-prhated notice at least fifteen days prior to sa4d36 each meetings, or by publishing a notice thereof of the meeting at least two weeks prior to said -the meeting in the official publication of the League; provided, however, that failure to receive such notice snail does riot invalidate any proceedings at such meeting. Section 4: Parliamentarian. The League President Board shall appoint a Parliamentarian to resolve procedural issues at the League's Genera/Assembly and in Resolutions Committee meetings.' Section 6 5: Credentiais.38 it shall be the duty oft The League President, on the first day of the -Annual Conference, to shall appoint a three -person Credentials Committee of-three-(3) no later than the first day of the Annual Conference. In case of dispute,at- sign `{ �'�sE,d -of this committee to determines the right of a member to vote. Section : f uorum. The presence of the voting delegate (or alternate) from a majority of Member Cities registered to attend the Annual Conference constitutes a quorum at the League's General Assembly. A majority of the quorum is necessary for decision.39 Section 7: Voting. Voting at the League's General Assembly is by display of voting cards, unless a roll call vote is requested by voting delegates from three or more Member Cities'`° A voting card will be issued to each city's designated voting delegate upon presentation of evidence of the delegate's designation by the city. This information is also considered by the Credentials Committee in making its determinations. 36 Generally, the proposed changes have endeavored to remove language which might arguably be accused of being 'legalese" on the theory that the bylaws should be as easy to read as possible. 37 In recent years, the board itself has not specifically approved the appointment of the Parliamentarian; this is a proposal to conform the bylaws to present practice. An alternative is to conform practice to the previous bylaw language. The Parliamentarian has assisted the Resolutions Committee. The credentials section was previously in Articlehill (meetings), section 6. It was included' in this section, since it seemed generally applicable to all League meetings. 39 Typically, bylaws provisions establish quorum requirements. 40 This was one of the areas in which the League's practice is inconsistent with its bylaws. The bylaws committee recommended allowing the use of the voting cards The three -member threshold for requesting a roll call vote is consistent with existing bylaws Article XI, section 1 (which is still Article XI in these proposed amended bylaws, with multiple sections). Typeface Conventions: Deleted language from existing bylaws language shown in t;trkcouts; new or added language shown in italics. Proposed Revised League Bylaws Revised April 93, 2000 Page 9 Article VI Membership Resolutions41 Section 5-1: Resolutions. Role and Scope of Resolutions. Resolutions adopted by the League's General Assembly of the League meeting in at Annual Conferences and such Board policies as are not inconsistent therewith with such resolutions shad constitute the League policy of -the -League.' No resolution shall be considered or pled. un ess it ha All resolutions shall have some direct relation to city issues municipal affairc.4 Section 2: Origination. Resolutions shall may originate from city officials, city councils, 44 the regional divisions, departments. policy's committees, or Board of - Directors or by means of being included in a petition signed by designated voting delegates of ten percent (.10 ) of the number of mMember cCities. 41 The process for annual conference resolutions was previously part of the "meetings" section of the bylaws was previously located in Article VIII. The proposal is to give the resolutions process its own article to reduce the length of the meetings article. In addition, as with all articles, section numbers and titles are proposed to make the article user -friendlier. 42 Derivation: This provision was previously listed under "Miscellaneous Procedural Issues" in. Article VIII, section 5(d) (fifth paragraph) of the existing bylaw language. 43 Derivation.* This provision was previously listed under 'Miscellaneous Procedural Issues' in Article VIII, section (d) (third paragraph). The reference to"municipal affairs" was a bit ambiguous. It is a legal term of art relating to charter city jurisdiction. The proposal is to use the broader phrase "city issues" to remove any potential ambiguity.', 44 This language is from Article VIII; section 5(b) of the existing bylaws. The inclusion of city councils among the possible proponents of resolutions is a proposal to conform the bylaws to present practice. .. 45 Note that policy committees are not established through the bylaws (as, for example, department and divisions are), but instead are creatures of board policy. 45 Derivation: This provision was previously the first sentence in section 5(b) of Article VIII. Typeface Conventions. Deleted language from existing bylaws language. shown in strikeouts; new or added language shown in italics. Proposed Revised League Bylaws Revised April 13, 2000 Page 10 Section 3: '{,a-} Resolutions Comm (a) Committee Size and Creation. The League President48 sha-U appoints a committeeon Resolutions Committee' sixty thirty (30) days prior to each Annual Conference, which committee shall consist of not less than thirty( city officials.5° (b) Appointments. The League President shall appoint to the Resolutions Coommittee a representative of from each policy committee, regional division and functional department of the League. The League President, and he or she shall also appoints a committee chairperson and vice chairperson of the committee and may appoint such additional members as the League President deems necessary to recognize the multiplicity of functions not represented by other nominations, including :. but not limited to board and commission members, professional staff and geographic and population balance: (c) Committee Nominations: At least forty five (15) seventy-five51 days prior to each Annual Conference, the presiding official from52 each policy committee, regional division and functional department shall may nominate at least one of its members to the League President for appointment to the committeen Resolutions Committee. 47 Derivation: This provision was previously section 5(a) of. Article Vill. 45 This is the first specific reference to the League's President in the bylaws. To avoid ambiguity, since the bylaws also provide for department and division presidents, the suggestion is to refer to the League president as the League president in all sections except those that specifically designate the League's officers. 49 An effort has been made throughout this section to be consistent in how the Resolutions Committee is referred to (the references are inconsistent in the existing bylaws). 50 The bylaws committee recommends the appointment of the committee be made consistent with the timing for submittal of resolutions. See Existing Bylaws, Art VIII, section 5b. 51 This change is suggested to reflect the change suggested in the preceding footnote, to give the League president the benefit of the nominations before the president must name the committee. 52 This language is suggested to reflect the fact that these nominations are typically made by policy committee chairs and department and division presidents. Typeface Conventions: Deleted language from existing'' bylaws language shown in ctrikcoutc; new or added language shown in italics. Proposed Revised League Byla Revised April 13, 2000 Page 11 (d) Minimum Committee Size and Composition. In the event the full committee is not in attendance at the aAnnual Conference53 meeting, the League President shall appoint a sufficient number of officials in attendance to achieve a total of thirty No less fewer than two-thirds (213rds) of the membership of the Resolutions. Committee on Resolution& shall be mayors and council members. e) Committee Consideration of Proposed Resolutions. Except for resolutions of courtesy, commendation, appreciation or condolence, no resolution expressing the opinion or policy of the League on any question shall may be considered or discussed by the League's General Assembly Conferonco,' unless it has been first submitted to, and reported on, by said -the Resolutions Committee one. Section'4. Procedure for Review. (a) Timing. Except for petitioned resolutions presented directly to the President of the -League contai�'ari r petits n igned b de ign to am#in� 4e!eg tes o ten fiber cities, all resolutions shall be submitted to the Resolutions Committee, at the League's headquarters offico, not later than sixty {603 days prior to the opening general session of the League's General 'Assembly Annual Conference. se ' 53 This change is to achieve consistency in references to the conference. 54 The reference to a resolution being discussed by the "conference" is arguably ambiguous inasmuch as resolutions are discussed by and acted upon by the League's "General Assembly" under the terms of the bylaws. 55 Derivation: This section was originally section 5(b) of Article VIII of the existing bylaws. 56 Again, the changes are proposed to achieve more consistency in the bylaws' language relating to the General Assembly, which is only a sub -portion of the Annual Conference as a whole. The goal is to avoid inconsistencies that could create ambiguities. Typeface Conventions: Deleted language torn r existing bylaws language shown. in ctrikoouts; new or added language shown in italics. ' ES0LUTIONS REFERRED TO HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT POLICY COMMITTEE I 1. RESOLUTION RELATING TO SUPPORT LOCAL GOVERNMENT INVOLVEMENT IN THE REQUIREMENT OF MITIGATION FOR PRIMARY AND SECONDARY SCHOOL FACILITIES Source: Los Angeles County Division Referred try HoLising, Community and Econorilic Development Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as amended. Final Recommendation to General Resolutions Committee: WHEREAS, investing in education is crucial, if the state is to prepare our children for the challenges of the future; and WHEREAS, there is a tremendous need for new school facilities to meet increased enrollment demand of an ever-growing youth population; and WHEREAS, SB 50 was passed by the Legislature in 1998 and imposed the most significant facility finance and developer fee reform since 1986; and WHEREAS, SB 50 capped school developer fees at $1.93 per square foot for residential construction and $0.31 per square foot for commercial construction; and WHEREAS, local governments are prohibited from denying a development project where a developer has paid fees in compliance with the limits described in SB 50; and WHEREAS, SB 50 restricts the ability of municipalities to fully address the unique needs and challenges of their communities and mitigate environmental effects of a development project on school facilities beyond payment of statutory impact fees; and WHEREAS, it is necessary to require new development to more equitably and adequately fund the construction of new school facilities: and WHEREAS. SB 50 restricts municipality ability to fully exercise its land use authority; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, September 9, 2000, that the League support legislation to provide for local governments to work in partnership with school districts, the state and developers to further refine the scope of SB 50 to adequately fund educational facilities; and be it further RESOLVED, that the League of California Cities allocate resources to a task force to develop and suggest refinements to SB 50 that would allow municipalities a greater role and flexibility in mitigating impacts of development, and ensure that school facilities are available commensurate with the incoming population of new development. 11 1 2 RESOLUTION RELATING TO BUILDING CODE FOR WORKFORCE INVESTMENT ACT (MA) ONE -STOP CENTERS Source: City of Los Angeles Referred to: Housing, Community and Economic Development Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve. Final Recommendation to General Resolutions Committee: WHEREAS, the goal of the Workforce Investment Act is to provide integrated services, including those operated by the Employment Development Department (EDD) under WIA Title Ill; and WHEREAS, the primary mechanism for providing integrated services is through the One -Stop Centers; and WHEREAS, the One -Stop Centers are operated under the auspices of local units of government, and WHEREAS, the State of California Executive Order D86-90 establishes seismic requirements for state employees that are significantly more stringent than those established by local units of government. and WHEREAS, these seismic requirements are creating a barrier to co -location of EDD staff to One -Stop Centers; and WHEREAS, the cost of making the structural changes necessary to meet the higher state standards is greater than the benefit of making such changes; and WHEREAS, co -location of EDD staff to One -Stop Centers will have significant benefit for California residents; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, September 9, 2000, that the League support legislation to exempt EDD leases from the requirements of Executive Order D66-90 when the leases are for the purpose of co - locating EDD staff into a One -Stop facility that meets the seismic requirements of the local governmental entity. ))))))))))))))>>>> RESOLUTIONS REFERRED TO PUBLIC SAFETY POLICY COMMITTEE 13. RESOLUTION RELATING TO INCREASED TRAFFIC FINES IN SCHOOL ZONES Source: Los Angeles County Division Referred to: Public Safety Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve. Final Recommendation to General Resolutions Committee: WHEREAS, the safety and well being of our children is paramount; and WHEREAS, due to the growth of our youth population, the volume of traffic in our school zones has increased dramatically; and 12 WHEREAS, there is a need to find innovative means to discourage speed in school zones and p reserve the well being of our youth; and WHEREAS, targeted enforcement has been shown to have a positive impact in reducing s eed in areas, and WHEREAS, a proactive approach to school traffic safety must be taken before injury or death occurs; and WHEREAS, in order to affirm our resolve that no price is too high in order to protect the lives of our children; and WHEREAS, the doubling of traffic fines in our school zones will send a message to our commuters that behavior must be modified and our children must be protected; and WHEREAS, an increase in traffic fines will draw greater attention to the penalty for unsafe speeds, increase awareness of this safety issue, and serve as a tool to modify behavior of drivers; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, September 9, 2000, that the League support legislation to provide for a local government's ability to double the fine for traffic violations in school zones in an attempt to reduce speed of drivers and protect our youth. >) >) >> )) >> [Note: No resolutions were assigned to the Revenue and Taxation Policy Committee nor the Transportation, Communications and Public Works Policy Committee.] 13 I. ANNUAL CONFERENCE RESOLUTIONS RESOLUTIONS REFERRED TO ADMINISTRATIVE SERVICES POLICY COMMITTEE RESOLUTION RELATING TO REVISING AND UPDATING BYLAWS FOR THE LEAGUE OF CALIFORNIA CITIES Source: Board of Directors Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve in principle. (Including Board approved amendment see attached blue page. The committee will further review the bylaws as part of its 2001 work program.) Final Recommendation to General Resolutions Committee: (Note: Adoption of amendments or revisions of the League bylaws requires a two-thirds vote of the General Assembly at the Annual Conference.) WHEREAS, the bylaws for the League of California Cities, which were approved several decades ago and have been amended as needed from time to time, are in need of a comprehensive review and update; and WHEREAS, the board of directors has conducted a thorough review of the bylaws and prepared proposed revised bylaws that address the three objectives of (a) making the bylaws easier to use, (b) bringing the bylaws up-to-date with current legal standards on what a nonprofit's bylaws should contain, and (c) addressing inconsistencies and ambiguities contained in the current bylaws; and WHEREAS, information concerning the bylaws revision has been available to city officials for several months on the Internet, the revised bylaws have been distributed to all cities for review, and a summary of major policy issues addressed in the revision is enclosed with this resolution; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, September 9, 2000, that the League approve the proposed revised bylaws for the League of California Cities that are incorporated herein by reference. Additional information concerning resolution #1 was available on the League's web site www.cacities.org). Background information also was mailed with the resolutions packet and was distributed at the League Executive Forum in Monterey. The background information (enclosed with this resolutions packet) includes: • A cover letter addressing the process for development and consideration of the revised bylaws. • A two -page table summarizing major policy changes to the bylaws (yellow pages). • The proposed revised bylaws (green pages). • The current bylaws, last revised in 1995 (yellow pages). Note: Please substitute the amended Section 2 text (found on the blue sheet following this page) for the text on page 5 (green pages) of the proposed bylaws amendments. ifundatitief 4. ue of California Cities Proposed League Bylaws Amendments (Annual Conference Resolution #1) July 2000 1.400 K S Sacramento. CA 9581-1 916 688 8200 FAX 916.6 8.8240 0 cac ties,crg Background After last year's annual conference, the League board appointed a bylaws committee to review and present recommendations on the League's bylaws. The bylaws committee is comprised of League board members: Helen Kawagoe, City Clerk, Carson John Russo, Council Member, Oakland Ruth Vreeland, Council Member, Monterey The committee presented its recommendations to the League hoard. The League hoard approved the attached proposed amendments at the board's April 2000 meeting. Process: For Membership Approval At the League Annual Conference Under the League's existing bylaws, amendments to the bylaws require a two-thirds vote of the general assembly at the annual conference. See Bylaws, art. XIII, § 1 (full text in footnote below*). The League board considered these amendments at its April meeting, in order to give the membership an adequate opportunity to study and digest the proposed changes prior to the early September conference. The proposed bylaw amendments will be distributed to cities with the packet of annual conference resolutions and will be considered by the Administrative Services Committee, the General Resolutions Committee and General Assembly. The bylaw amendments are the initiative of the League's board of directors and reflect a great deal of effort on the part of the bylaws committee. The existing bylaws provision on making amendments reads as follows: These bylaws may be amended at any Annual Conference of the League by a two-thirds vote of the General Assembly, provided the proposed amendment shall have first been prepared in writing and submitted to the Board of Directors on or before the second day of the conference in accordance with the procedure for submitting resolutions specified in Article VIII. Such amendment shall go into effect immediately unless otherwise specified in the amendment. If, within sixty days after the adoption of any amendment, one-third or more of the Member Cities submit a written protest against such amendment, it shall automatically be suspended until the next Annual Conference, when it may be taken up again for reconsideration and vote as in the first instance. Summary of Proposed Bylaws Amendments The proposed revisions fall into four categories: • Policy issues identified by the nominating committee and other known problem areas where the bylaws do not provide ready answers to questions that have arisen over the past ten years; Provisions that are usually found in non-profit corporation bylaws, but are absent in the League's; • Efforts to streamline and make consistent the language in the existing bylaws; and • Efforts to identify and avoid problems before they arise. The proposed amendments reflect an effort to make the bylaws easier to use through formatting, more section titles, white space and a table of contents. In addition to reflecting the changes in "redlined" form, the proposed amended bylaws (see attached on green paper) include extensive footnotes with explanations of the reasons underlying the proposed change, the source of the language and background on League practices. Also for the membership's convenience and reference, a copy of the existing bylaws is included in this packet (see attached on yellow paper). A table summarizing the nature of the changes proposed is attached for League members' convenience. Attachments: 1) Table Summarizing Changes (yellow pages) 2) Proposed Amended Bylaws (green pages) 3) Current Bylaws (yellow pages) g'VegafljsVhoardAOObylwcvr doc Sum t ary:of Major Policy Change To League Bylaws Is u tp3a ' he ': F rund In p x Su yn.� s .r.. , u' 'xx `> r x s Article I' . sections 2 and 3, page 5 • • Board vote requirement for dues changes modified from two-thirds vote to a majority vote Division ratification necessary if increase exceeds CPI Elimination of $50.000 dues cap (but retains $5,000 annual limit on individual city dues increases) (�enfit tic tt min Article V; section 6, page 8 • Presence of voting delegates from a majority of cities attending the annual conference constitutes -a quorum Majority of quorum necessary for decision u , Article VI, sections 3 and 4, pages 10-11 Article VII, section 7, page 18 : • General Resolutions Committee appointment process moved up to coincide with deadlines for submitting resolutions Inability of policy committees to make a recommendation does not preclude General Resolutions Committee from acting 3t$tt 14-day notice of board meetings required, except for emergency meetings (which require a good faith effort to give 48 hours notice) No fewer than 4 board meetings a year asArticle VII, section 10. page 19 • • No proxy voting allowed No change to board policy relating to designation of board alternates Ct ttj Li ..1f Glii q. is X t Article VIII, section 3, page 22 • Creates an automatic succession of first vice president to president orm y t: I3,1vttrB ;' Article IX, section 1(b), page 25 • Clarifies that new divisions require bylaws amendment >mbrc (("j > "`ht�"1° ywyy �4p'g ssF d h a � ..�' � ..b'.eS £${�ijr Yeti-.'- Y W i-` } f�.'`"�`*a�'}�'a +dam ( 'Le"✓ }3„-'�'�a � "#. FE.rv..+ A♦ M 3�rv'K•. S`+*t ��` � i �� y� £ Article X, section 1ib)s page e Clarifies that new departments require bylaws amendment a Article XI, sections 2 and 3, page 34 . Allows use of alternative voting methods when voice voting makes it difficult to determine outcomes • Allows departments, in their bylaws, to deviate from "one -city one-vote' rule ' tt�lt '° Article XII, sections 1 and �, pages 34-35 • Limits circumstances under which board officer may be reelected to served same office (if has erin office for more than nine months, is ineligible for reelection) Creates an effective date for vacancy caused by leaving city service as 3 months after ceases to hold same or similar office held when originally elected to office s Article XIII, section 2 page 6 • Allows two -year -(or other time horizon) budget 1C e• . . ' Article XIV, pages 37-39 • Reflects California nonprofit lays/ requirements for director disqualifications in transactions in which they have an interest n im n. • Article XVI, pages 43-44 • Clarifies that amendments may be proposed by board or petition Allows mail balloting for amendments Clarifies General Assembly consideration procedures for amendments Proposed nlOrided Bytaws forth+ League of California Cities CorIterrts Page cleI: General ............... ...::.. ......:.......... uu............ ..,.....Luau.;:.• .. Section 1: Corporation Name....... .......::.........`::....,. ......... Section 2: Offices...... ...- >................... ........: ,.........:.: Section 3: Compliance with Governing Laws.. .......,:., ,...,::...,, . rticle ll: Purposes.. .......:.......::..................................L Section 1: General: .....♦: .,.....: ... ....:.... ... . Section 2: Board Prerogatives ....: ........`........;. ........ ........ Article 11 Membership ... :..: ..........2 Section 1:'Qualification ... :. ......:.......• (a) Cities..........:........ .......:.. .....;'..... ...; . ..... .... . ........ (b) Officers and Employees ..... ......,::............ ... ..:. ........ ........ ....: Section 2 Termination............................. .........: .......... ........... Section 3: Honorary Members- .,.:..-.....:. ........c Section 4:"Non-Liability...: ..... ... ............ .::........:;.............. ... ...... : .. Article IV Dues ...:.�:. .a..................• Section 1 Establishment.... ....:.. ........... ................ ......... .... ...:.......:;: Section 2: Increase in Dues .... ...::.-.':,:. ...•..:::....... .. 5 Section 3: Ratification by Regional Divisions 5 Section 4 Delinquency 6 Article V Membership Meetings 6 Section 1: Annual Conference 6 (a) Time and Place 6 (b) Conference Program Planning 6 (c) City Delegates as General Assembly 7 Section 2: Special Meetings 7 Section 3: Notice of Meetings 8 Section 4: Parliamentarian 8 Section 5: Credentials 8 Bylaws Contents, continue Section 6: Quorurri < :: Section 7: Voting ..:::. • Page ticIe VI: Membership Resolutions... . ..... . ... . " .. . ........: 9 Section 1: Role and Scope of Resolutions....._._......... 9 Section 2: Origination.............. ...:. ............ .............. ....... ,...,...;...... 9 Section 3: Resolutions Committee ........, ` 10 (a) Committee Size and Creation ......:. ................ ....,...,. 10 (b) Appointments ... ...,:. 10 (c) Committee Nominations .... ................ . .... ....... .,....... 10 (d) Minimum Committee Size and Composition:.....:: 11 (e) Committee Consideration of Proposed Resolutions... .. .....11 Section 4: Procedure for Review............................`...,...` .......:........:::........ 11 (a) Timing ::......,.. 11 (b) Referral to Policy Committees:..........' ........ ........ .12 Section 5: Resolutions Proposed by Petition .............. .......: ,...... ........ ...... .. 12 (a) Presentation by Voting Delegate.......... ... ........:. ...... .......:... ....... 12 (b) Contents....:.... ...�. ........... .... ,..... .......: .......:........:... ....... 12 (c) Time Limit for Presentation . .....::... ....>: .,....... ........: .,....;..., ....... 12 (d) Parliamentarian Review ...... ....... ........ ......... 13 (e) Consideration by General' Assembly ................. ........... (f) Availability of List of Voting Delegates...:: Section 6: Full Debate:..;.:!.... ..: .... ......... .....:::: ........... , 14 Article -VII: Board of -©hectors. • ... ......•.... • ..:..:........:...........14' Section 1: Role and Powers.... ; ..::....: .....::. ... ....:.... ..,.:... ..,..:::. 14 Section 2: Composition ...:. ... :.......... .: ........: .....:... ...:.:..... .... 15 Section 3: Staggered Terms 16 (a) Even -Numbered Year Terms... .. . ........ ........ ... ...... . .....::::...... ..;16 (b) Odd -Numbered Year Terms 16 Section 4: Election of Directors 16 (a) Department Directors ...:..:..... ... .... ..... :..,... ......:... ..... ..:.:16 (b) Division Directors 17 (c) At -Large Directors 17 (d) Commencement of Terms 17 (e) Additional Directors 17 Section5: Vacancies..... .. ....... .............. :.......... ...... ......... ..... ... :....... ........ :.: 18 (a) Departmental Directorships (b) Regional Division -Directorships 18 1$. Bylaws Con eats, continued Section 6: Resignation ....:: . Section 7: Meetings and Meeting Notice .: ......... ........-----..'.. . ,..,. .. ,..... ........ 18' Section 8: Policies..................... Section 9: Executive Committee ... ........ ...........:.... ........:. (a) Composition........ ......,... .--..:•.....-.: 19 (b) Authority................ . ..... : 19 Section 10: Quorum and Voting ..: ............. ..i... ...... .......s. .....,......... 19 Section 11: Compensation' .......:.........' ,... ,,:. ,...... ..... 19 Section 12: Reports of Directors .: ........... .... ..... ,.... ....... ; ,...,..:......... 19 Section 13: Standard of Care .....`.. .. ..... .......::. ,..., :............. 20 (a) General................ ..... , ..:: .: 20 (b) Reliance on Information ... ......:....... ... ........... 20 (c) Non -Liability ......::. ........' ...........,.....:: :.......::.. ,.... 21 Section 14: Special Committees .:'.. ...... .....•.... ....-.. ....,........,. Section 15: Right to Inspect Records.... ......::....,.,.: ............... . 21 Section 16: Policy. Changes .. .....::......... `. ......:......:........ .22 Article VIII- Officers ......... ...................................................................22 Section 1: Identity.......... . ...:.... . ...... ....... . ...... . ....... „` ,.,... .:: ......:: :; 22 Section 2: Election :. .....::.... ..... .......:: ....,..::....,.., .. ...., 22 Section 3:; Vacancies.......;: . ....... ........'. ......... :. .......:: .......:,.... , ..:: 22 Section 4 Duties of League Elected Officers....::' ......... . ............................... ...: 23 (a) President 23 (b) First Vice -President 23 (c) Second Vice -President 23 Section 5. Executive Director and League Employees :: .,:;:::.. .::............................. 23 (a) Employment........ .. ............. .:... ... ::..,: ...:..:;. ....:........................... 23 (b) Specific Duties. .. . ... . .........-.,.:,:....,. -.................... .,:::... .,....... 24 (1) Corporate Secretary......... . . . . . .. ......... ......... .......: ..-...., ,....::: 24 (2) Chief Financial Officer 24 (c) Insurance 24 Article IX: Regional Divisions ..................:„ .25 Section 1;: Listing 25 (a) Existing Regional Divisions 25 (b) New Divisions 26 Section 2 Purposes and Functions .......... ....... . ... ........ . ...:.... ...... ... ..... ...... .. ...:26 Section 3: Names of Divisions 26 111 Bylaws Contents, cantinue Section 4: Boundaries Section 5: Membership Section 6: Voting .......,.' Section 7: Officers (a) Iden Pag 6 • •27 • (b) Election Timing ...... ................. ........ .......:. ......... ..... ..... ..:. 27 (c) Terms .......: ......... . ....... ...... ... ....: .....: ....,. . ,25 (I) Directors' Terms and Commencement Dates ... ......... .......... ........:. 28 (ii) Other Officers' Terms and Commencement Dates ........... ..: ......... 28 (d) Vacancies .:. .......:. .......... ...... 28 {e) Duties, . ..... ......:.. .......` ............. .....,.. , 29. (i) President .......:: . ......:: ............ ........; 29 (ii) Vice -President..... • .......... .....r:•........!:..... ... ..,.....29 {iii) Secretary ........ ... ..... .......; ...,... ,....,..•.. 29. (iv) Director .,,.....:;. ......'.. ........ .......::..29 Section 8: Resignation ........ ....... ... ......: ,..,.,..; .. ...,::, .....: ......:. 29 Section 9: Regional Division Bylaws .......:........:. .......: ..... ........29. Article X ®apartments i •.Y s.�Yi YYY.. Y.. ei• Section [ tasting .............. :::.• ..,....: ,,....., : .....::,:...,..:.. 30'. {a) Existing Departments ......... ....... .............. ........ ......::. ............... 30 (b) New Departments.................. ..:.:.. ........ ....::.. .......:: ......... .....:.:.. 31 Section 2._Off•icers ;.....:; ...::..................... ......:......... ......:: .....:::.,.. (a) Identity .....:.: ....::::: ...::..:: .:...:. ....:.:.; ....... ...., ......: ........ 31 (b) Election Timing ...::. .;: ...::: ......:.. .......::.. .....:.. 31 (c) Terms ..... ... :... .....:.......:::.......: ........................ .....::. ......::. ......:.. ......:.: ..........32 .(d) Vacancies :. ... . .... ..........:.... ... :..: ......:;.... ..;........ .;..32 {e) Duties 32 {i) President ..:::.. ...... ....... :. ...;:::. ..... `:;. ...... ......:;: ...... ...,: ....... ,32 {ii) First Vice -President : ..............:; :......:......... 32 {iii) Second Vice-President/Secretary32 {iv) Director 33 -(f) Resignation: 33 Section 3: Voting 33 Section 4; Depattment Meetings.:. ........ ...... ::.... ......:... ..... .:......:;... 33 Section 5: `Department Bylaws 33 Article XI Voting A. Bylaws Contents, continued Section 1: Voice Vote ........:.... . Section 2: Alternative Methods Section 3: Roll Call Votes..:.....:.: Section 4: One City One Vote..., • cle XII Qualifications to Hold Office and Vacancies...: e. •. Si.. a ulu... a:. 34 4 4 Section 1: Eligibility to Hold Office:. .......... ........ ....... ....... .......::........: 34 (a) In General ..... .....:. ......:... ......:: ........ ......::.......::... . ...`::.........34 (b) Length of Service ..:. .......:. ............ ........ ....... ,....,..:........35 Section 2: Vacancies ...... . .....::. ......... .......:: ....,.. ........: , ....... ......♦ ..,...... 35 (a) Vacancy Defined ....' . .... . ........: ......... ....... . ,.....: .....,.:. 35 (b) Effective Date of Vacancy Caused by Leaving City -Service .......:...... (c) Effective Date of Resignations ...... ......... ............... .,..;.,.,,.,.. 35 (d) Filling Vacancies ...:: ................. ......:. 35 Article X111: Finances .........'. A • • 36 Section1: Fiscal Year .....,:........:: ....:..:: ,... ....... ......... .... ;::.. .....:.. : 36 Section 2: Budget:::. .....:.......: :...................... .. ........ ............. ..::........:36 Section 3: Limitation of Expenditures 36 Section 4: Annual Audit 36 Section 5 Special Assessment for League Building 36 isle XIV: Prohibited Transactions .............. ..................... .:...:........ 7° Section 1: Loans 37 Section 2: Self -Dealing and Common Directorship Transactions 38 (a) Self -Dealing Transactions ........: ::.................... .:; .::: .......... ......:.: 38 (b) Common Directorships 38 (c) Pre -Transaction Approval 38 (d) Post -Transaction Approval 39 Article XV: Miscellaneous 39` Section 1: Indemnification 39 (a) Indemnity Authorized 39 (b) Approval of Indemnity ' 39 Byla s Contents; cotttmuea (i) Success on the Merits..... •• `..,.:. ... (ii) Other Instances.............. ••• . ..., (c} Advancing Expenses.... ...... ........ .......�.: Section 2: Insurance ......;`... ...... . , ..,.:..... .,.r.. .......... Section 3: Contracts and Execution of Instruments :..,..` ,...,..:::.. Section 4: Disposition of Assets Upon Dissolution ....... .......::..: Section 5: Parliamentary Authority ....... ........... .... ............ Section 6: Seal____. ...... ....... ..........................................:. Section 7: Governing Law:;....:. Article XVI: Amendments ........... ................... .......G........ • Page 0 40 40 .41 41 . 42 42 42 •......: ........: e. 4 Section 1: Consideration .::......::.: ......:......,. .... 43 Section 2: Who May Propose :.....: ......... .....::.............. .:: ..,... ....... ........ 43 Section 3: Board Review :: .....:.. ......:........ . ........ ..........., . 43 Section 4: Procedure for Mail Balloting,...,, :......::.. ........................ . ....: ....... ...43 (a} Mailing .....::. ......:................. ....,:.43 (b) Time Frame For Action .... ........:... ,....... 43 (c) Ballot Tabulation and Results Announcement .::............. 44 Section 5: Procedure for Consideration by General Assembly.: : ......... ............. .:.44 (a) Notice.. (b) Consideration 1):::G:.::...........44 y eneral Assembly..,::: ........:........' Section 6: Effective. Date .. ......... ....... :. ..................... ......... ............:.... Section"7: Protest and Suspension until Next Conference___ .`. ........ ......... ..........44 Mega] stboardticcrylasws00toc.doc': April 13, 2000 vi Proposed Amended' Bylaws for League of California Cities Article 1: lae General he Section 1: Corporation Name. This corporation is2 shall be known as the League of California Cities (the League),s Section 2: Offices. The principal office of this corporation shall be located in Sacramento, California.' The League Board of Directors (League Board)5 may establish such other League offices, as it deems necessary to the effective conduct o League programs. Section 3Compliance with Governing Laws. In all matters not specified in these bylaws, or in the event these bylaws do not comply with applicable law, the California Nonprofit Corporation Law applies.' 1 Typeface Conventions: Deleted language from existing bylaws language shown Instrikeouts; new o added language shown in italics. 2 The bylaws as presently drafted are inconsistent in their use of the imperative "shall" (sometimes the bylaws use the word "must instead); frequently the bylaws just use the present tense. To address these inconsistencies; the proposed amended bylaws use the term "shall" whenever the bylaws are specifically directing that something occurs. Whenever descriptive (as opposed to directive) language seems adequate, the proposed amendments suggest using the simpler; present tense form of the verb for readability. The phrase "may" is used to indicate that some action is permitted (as opposed to mandatory). 3 Derivation: This is the language of existing Article I, section 1 from the League's bylaws. 4 This is new language reflecting addition of standard bylaw provision. 5 For consistency and word economy, the proposed amendments to the bylaws suggest simply describing the League's Board of Directors as the Board;" amendments to that effect are sprinkled throughout the draft. 6 The headquarters language is proposed to be moved from existing bylaws Article IV, section 14. That section previously read "The Board of Directors shall establish and maintain headquarters in the City of Sacramento, California, and may establish and maintain branch offices in such other cities as it may deem necessary. 7 This is new language reflecting addition of standard bylaw provision. AGENDA REGULAR MEETING SAN JACINTO REDEVELOPMENT AGENCY September 6, 2000 Immediately Following the Regular City Council Meeting SJUSD 2045 South San Jacinto Avenue San Jacinto, California 1 ORGANIZATION 1.1 Call to Order 1.2 Roll Call 2. PUBLIC COMMENTS: Any Person May Address the Board on Any Subject Pertaining to 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 Board. 3. PUBLIC HEARING: None 4. AGENCY DEPARTMENTS 4.1 Approve Amendment No. 1 to Owner Participation Agreement - Hemet/San Jacinto Habitat for Humanity - 632 E. Old Second Street 4.2 Approve Plans and Specifications for City's Entry Monument Sign and authorize staff to proceed with Bid Advertisement. 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 Agency, staff or the public requests a specified item to be removed and/or discussed. Anyone wishing to discuss a consent calendar item should come forward upon invitation of the Agency President, state their name, address and the consent calendar item number. Speakers should limit comments to three (3) minutes. 5.1 Approve Minutes of Regular Meeting of August 17,2000 PRESIDENT/BOARD MEMBER REPORTS/DISCUSSIONS CLOSED SESSION: None ADJOURNMENT I, Grace Alvarez, Secretary of the San Jacinto Redevelopment Agency, do hereby certify that I caused to be posted the foregoing agenda this 30th day of August 2000, as required by law. MINUTES AGENDA ITEM NO. 5.1 SPECIAL MEETING SAN JACINTO REDEVELOPMENT AGENCY August 17, 2000 Immediately Following the Regular City Council Meeting SJUSD 2045 S. San Jacinto Avenue San Jacinto, California ORGANIZATION Agency President Williams called the special meeting of the San Jacinto Redevelopment Agency to order at 7:52 p.m., with the following members present: Ayres, Carlson Buydos, Good, Conner, and Williams. Absent: None 2. PUBLIC COMMENTS: None. 3. PUBLIC HEARING: None 4. AGENCY DEPARTMENTS 4.1 Authorize Andre Landscape Services to Perform Additional services related to the Installation and Maintenance of Landscaping on La Entrada Landscape Median Agency President Williams called on Planning Director Hults who presented his staff report dated August 17, 2000, and asked that the Redevelopment Agency authorize Andre Landscape Services to perform additional services in the amount of $21,115, for the installation of Landscaping on La Entrada. The scope of the work includes installation of landscape plant material and irrigation. The plant materials will be planted in distinct clusters. He added the landscape improvements would enhance the commercial are of La Entrada. Agency Member Ayres asked what had happened to the plan that had previously been submitted to the previous Council for approval years back. Planning Director Hults mentioned the previous plan included plant material that would involve extensive maintenance work after its installation. The proposed planting material is consistent, however, not the same. Agency Member Conner asked who had designed the project, and if the current contract with Andre Landscaping Services had a provision to add extra work to the current contract. Planning Director Hults responded that staff had designed the landscaping plan with the assistance from Andre Landscaping Services. Agency Council Brown responded that a provision exists in Andre Landscape Services for the Council/Agency to authorize additional work under the same contract. He further advised it was sufficiently legal, and Agency could go forward with the project. Agency Member Ayres asked about the tentative timeline for the project. Andre Landscaping responded the work could be completed in approximately two weeks. Agency Member Conner was concerned about the additional cost for maintenance charged to the LLMD. Planning Director Hults responded Andre Landscaping Services had agreed to do the maintenance after its installation at no additional cost to the City. M/S/C (GOOD/AYRES) to authorize Andre Landscape Services to Perform Additional Services related to the Installation and Maintenance of Landscaping on La Entrada Median. Ayes: Ayres, Conner, Good, Carlson Buydos, and Williams Noes: None 5. CONSENT CALENDAR 5.1 Approve Minutes of Regular Meeting of July 10, 2000 M/S/C (AYRES/CONNER) to approve Consent Calendar Item No. 5.1 as submitted. Ayes: Ayres, Conner, Good, Carlson Buydos, and Williams Noes: None 6. ADJOURNMENT: There being no further business to conduct, Agency President Williams adjourned the Redevelopment Agency special meeting at the hour of 8:49 p.m. Grace Alvarez Agency Secretary TO: FROM: SUBJECT: September 6, 2000 AGENDA ITEM 4.2 Honorable Mayor and Members of the City Council (Sitting as the Redevelopment Agency Board) Information Planner Approval plans and specifications for the entry monument, and authorize staff to proceed with bid advertisement. - Gaudet Design Group. RECOMMENDATION: By motion, approve the plans and specifications for the entry monument, and authorize staff to proceed with bid advertisement. BACKGROUND: At the February 13, 2000, City Council meeting, the Council made a budget amendment of $25,000 to create an entry monument for the City. Additionally, on June 15, 2000, the approved the conceptual plan for the entry monument and authorized Gaudet Design Group to proceed with construction drawings. The project is listed in the Redevelopment Implementation Plan, and would be located at southeast corner of Ramona Expressway and Sanderson Avenue. JUSTIFICATION: The installation of the City Entrance Monument Sign will enhance the appearance of the City's Gateway and help promote economic development activities. BUDGETARY IMPACTS: The source of funds will be Redevelopment in the amount of $25,000. This amount is currently included in the FY 1999/2000 Redevelopment Budget. ATTACHMENTS: 1- Construction Drawings prepared by Gaudet Design Group \ rnonum.,t September 6, 2000 AGENDA ITEM 4.1 TO: The Honorable Board of Directors FROM: Planning Director SUBJECT: Amend Owner Participation Agreement with the Habitat for Humanity - Hemet/San Jacinto Chapter RECOMMENDATION: By motion, amend the Owner Participation Agreement with the Habitat for Humanity - Hemet/San Jacinto Chapter by adding $5,500 for the installation of a septic system and the associated regarding necessary to accommodate the tank and the leach fields. BACKGROUND: On April 6, 2000 the Redevelopment Agency Board approved an agreement with Habitat for Humanity - Hemet/San Jacinto Chapter to reimburse them for the cost of the off -site improvements and fees related to the construction of their new home on Old Second Street. The estimated cost of the improvements was approximately $17,000, and contemplated connection to an EMWD sewer line. However, after further investigation it was determined that the closest sewer line is in Hewitt Street, more than 400 feet west of the property. JUSTIFICATION: The cost to install the septic system is less than the cost to extend the sewer from Hewitt Street. Additionally, the time frame to let a public works contract for the sewer line extension would substantially delay the project and leave the site in a partial state of construction for an unreasonable length of time. BUDGETARY IMPACT: The source of funds is Redevelopment, Housing Activities 099-9700-470-4000. There is currently $150,000 budgeted for miscellaneous infrastructure for downtown area residential uses. ATTACHMENTS: - Amended Agreement OWNER PARTICIPATION AGREEMENT HABITAT FOR HUMANITY, HEMET/SAN JACINTO AFFILIATE, INC. THIS OWNER PARTICIPATION AGREEMENT ("Agreement") is entered into this 20th day of March, 2000 by and between the REDEVELOPMENT AGENCY OF. THE CITY OF SAN JACINTO, CALIFORNIA, a public body, corporate and politic ("Agency"), and HABITAT FOR HUMANITY, HEMET/SAN JACINTO AFFILIATE, INC., a California non-profit public benefit corporation ("Participant"). The Agency and the Participant hereby agree as follows: 1. DEFINITIONS. 1.1 Agency. The term "Agency" shall mean the REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, a municipal corporation, having its offices at 201 East Main Street, San Jacinto, California 92583. 1.2 CC&Rs. The term "CC&Rs" shall mean that certain Declaration of Covenants, Conditions and Restrictions attached hereto as Exhibit "D" and incorporated herein by reference. 1.3 Certificate of Completion. The term "Certificate of Completion" shall mean that certain Certificate of Completion attached hereto as Exhibit "C" and incorporated herein by reference. 1.4 City. The term "City" shall mean the CITY OF SAN JACINTO, a municipal corporation, having its offices at 201 East Main Street, San Jacinto, California 92583. 1.5 Participant. The term "Participant" shall mean HABITAT FOR HUMANITY, HEMET/SAN JACINTO AFFILIATE, INC., a California non-profit public benefit corporation, including any permitted nominee, assignee or successor -in -interest as herein provided. 1.6 Project. The term "Project" shall mean the development of one (1) single-family residence on the Site, together with parking, landscaping, and related improvements, for use by a low or moderate income family. 1.7 Redevelopment Plan. The term "Redevelopment Plan" shall mean the Redevelopment Plan for the San Jacinto Redevelopment Project Area ("Project Area"), which was adopted by Ordinance Number 754 of the City Council on June 28, 1983, as amended from time to time. A copy of the Redevelopment Plan is on file in the office of the City Clerk of the City. The Redevelopment Plan is incorporated herein by this reference and made a part hereof as though fully set forth herein. 276/018275-0006/3304776.1 a03/21/00 1.8 Schedule of Performance. The te Performance" shall mean that certain Schedule a Exhibit "B" and incorporated herein by reference. 1.9 Site. The term "Site" shall mean that certain real property located in the City of San Jacinto, State of California, commonly known as 632 East Old Second Street, more particularly described on Exhibit "A" attached hereto and incorporated herein by reference. 2. PURPOSE OF AGREEMENT. The purpose of this Agreement is to effectuate the Redevelopment Plan for the Project Area by providing certain financial assistance to Participant for the rehabilitation of the Site within the Project Area. The rehabilitation of the Site within the Project Area and the fulfillment generally of this Agreement are in the best interests of the City and the welfare of its residents and are in accordance with the public purposes and provisions of applicable federal, state, and local laws and regulations, under which the Project has been undertaken and is being assisted. 3. DEVELOPMENT OF THE PROJECT. 3.1 Plans and Specifications. The Participant shall develop the Project upon the Site in accordance with construction drawings, working specifications and related documents that have been submitted to and approved by the Agency in advance and in writing. Participant shall submit such plans and drawings within the time specified in the Schedule of Performance. 3.2 Permits. Before commencement of development of the Project, Participant shall obtain any and all permits and approvals which may be required by the City or any other governmental agency with jurisdiction. 3.3 Governmental Approvals. Notwithstanding anything herein contained to the contrary, it is expressly understood by the parties hereto that the Agency makes no representations or warranties with respect to the approvals required by any other governmental entity or with respect to approvals hereinafter required from the City or the Agency. 3.4 Agency Financial Assistance. Agency shall provide Participant with certain financial assistance to assist in the development of the Project (the "Agency Financial Assistance"). The Agency Financial Assistance shall include Agency's funding or partial funding of the construction of certain improvements described below, and Agency's payment or partial payment of certain development and permit fees described below. The total combined amount of the Agency Financial Assistance for improvements and related fees shall not exceed S DOLLARS --(-i7,000)TWENTY-TWO THOUSAND FIVE HUNDRED ($22,500)(as amended r 9/6/2000). 27 6/018275-0006/3304776.1 a08/ 28/00 (a)Improvements. Agency shall reimburse Participant the costs of constructing the improvements as described on Exhibit "E" (as amended 9/6/2000) attached hereto and incorporated herein by reference. All improvement plans shall be designed on the City of San Jacinto plan sheets and such improvements shall be constructed to the satisfaction of the City Engineer and Building Official in accordance with current City standards. (b)Development and Permit Fees. Agency shall reimburse Participant for the development and peimit fees as described on Exhibit "E" (as amended 9/6/2000) attached hereto and incorporated herein by reference. 3.5 Costs of Development and Related Fees. Except for the ixTrovements and related fees expressly set forth in Section 3.4 above (not to exceed $22,500), the cost of developing the Project or any portion thereof, shall be borne by the Participant. 3.6 Construction Schedule. Prior to the dates set forth in the Schedule of Performance, except as mutually agreed in writing by Participant and Agency, Participant shall: (i) submit all required construction drawings, working specifications and related documents for approval by the Agency, (ii) commence construction of the Project, and (iii) complete construction of the Project. The Project shall be deemed complete upon the issuance of a Certificate of Completion as provided in Section 3.9. 3.7 Right of Access. Representatives of Agency and City shall have the reasonable right of access to the Site during the period of construction for the purposes of this Agreement, including, but not limited to, the inspection of the work being performed. 3.8 Nondiscrimination During Construction. Participant, for itself and its successors and assigns, agrees that during the rehabilitation of the Project, Participant will not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, marital status, ancestry or national origin. 3.9 Certificate of Completion. Upon written request by Participant, and upon satisfactory completion of the Project, Agency shall issue to Participant a Certificate of Completion substantially in the form attached hereto as Exhibit "C". The Certificate of Completion shall be, and shall so state, a conclusive determination of satisfactory completion of the Project required by this Agreement, and a full compliance with the terms of this Agreement relating to commencement and completion of the Project. 276/018275-0006/3304776.1 a08/28/00 3.10 Sale or Transfer of the Prolect. The Participant covenants that Participant shall not transfer the Site or any of its interests therein except to a qualified buyer as provided for in the CC&R attached hereto as Exhibit "D" and incorporated herein by reference. 3.11 Insurance and Indemnification. (a) Insurance. Prior to the commencement of any construction by Participant of the Project, Participant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to Agency, during the entire term of construction, the following policies of insurance: (i) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than either (i) a combined single limit of ONE MILLION DOLLARS ($1,000,000.00) or (ii) bodily injury limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) per person, ONE MILLION DOLLARS ($1,000,000.00) per occurrence and ONE MILLION DOLLARS ($1,000,000.00) products and completed operations and property damage limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) per occurrence and ONE MILLION DOLLARS ($1,000,000.00) in the aggregate. (ii) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Participant, Agency and the City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by the Participant in the course of carrying out the work or services contemplated in this Agreement. (iii) Builder's Risk Insurance. A policy of "builder's risk" insurance covering the full replacement value of all of the improvements to be constructed by Participant pursuant to this Agreement. All of the above policies of insurance shall be primary insurance and shall name Agency, City, and their officers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against Agency, City, and their officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or cancelled without providing thirty (30) days prior written notice by registered mail to Agency and City. In the event any of said policies of insurance are cancelled, the Participant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 3.11(a) to the Executive Director. No work or services under this Agreement shall commence until the 276/018275-0006/3304776.1 a03/16/00 -4- appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by Agency. Participant shall provide in all contracts with contractors, subcontractors, architects and engineers that said contractor, subcontractor or engineer shall maintain the same policies of insurance required to be maintained by Participant pursuant to this Section 3.11(a). The Participant agrees that the provisions of this Section 3.11(a) shall not be construed as limiting in any way the extent to which the Participant may be held responsible for the payment of damages to any persons or property resulting from the Participant's activities or the activities of any person or persons for which the Participant is otherwise responsible. (b) Indemnification. During the period of construction of any of the improvements pursuant to this Agreement and until such time as is issued a Certificate of Completion for the Project, Participant agrees to and shall indemnify and hold the Agency and the City harmless from and against all liability, loss, damage, cost or expenses (including reasonable attorneys' fees and court costs) arising from or as a result of the death of any person or any accident, injury, loss, or damage whatsoever caused to any person or to the property of any person which shall occur on the Site and which shall be directly or indirectly caused by the acts done thereon or any errors or omissions of the Participant or its agents, servants, employees or contrac- tors. Participant shall not be responsible for (and such indemnity shall not apply to) any acts, errors or omissions of the Agency or the City or their respective agents, servants, employees or contractors. Agency and City shall not be responsible for any acts, errors or omissions of any person or entity except Agency and City and their respective agents, servants, employees or contractors, subject to any and all statutory and other immunities. The provisions of this Section 3.11 shall survive the termination of this Agreement. Participant's indemnification of Agency and City under this Section specifically extends to any claim or liability arising out of Participant's acts or omissions with respect to or affecting adjacent properties or property owners, including but not limited to the Notice of Consent to Use Land, recorded as Document No. 1999-457466 in the County Recorder's Office attached hereto as Exhibit "F" and incorporated herein by reference. 276/016275-0006/3304776.1 804/06/00 -5- 4. USE OF THE SITE. 4.1 Uses. Participant, for itself and its successors and assigns, covenants and agrees that it shall devote the Site to single-family low to moderate income residential use in conformance with the Redevelopment Plan, the applicable zoning restrictions, this Agreement, and the CC&Rs. 4.2 CC&Rs. Concurrently with the execution of this Agreement, Participant shall execute the CC&Rs and have the CC&Rs recorded against the Site. The CC&Rs shall be signed and acknowledged by all parties having record title interest in the Site, shall make the Agency and City parties thereto and shall be enforceable by the Agency and the City. 4.3 Maintenance of Site. Participant covenants and agrees for itself, its successors and assigns, and every successor in interest to the Site or any part thereof, that, after Agency's issuance of its Certificate of Completion the Participant shall be responsible for maintenance of all improvements that may exist on the Site from time to time in first-class condition and repair, and shall keep the Site free from any accumulation of debris or waste materials.. Participant shall also maintain all landscaping in a healthy condition, including replacement of any dead or diseased plants. The foregoing maintenance obligations shall run with the land in accordance with and for the term of the CC&R's. 4.4 Form of Nondiscrimination Clauses. Participant shall refrain from restricting the rental, sale or lease of the Site on the basis of race, religion, creed, color, national origin, ancestry, marital status or sex of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: (a) In deeds: The grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, religion, creed, color, national origin, ancestry, marital status, handicap status or sex in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the land herein conveyed. The forgoing covenants shall run with the land. 276/018275-0006/3304776.1 a03/16/00 -6- (b) In leases: The lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions: that there shall be no discrimination against or segregation of, any person or group of persons, on account of race, religion, creed, color, national origin, ancestry, marital status, handicap status or sex in the leasing, subleasing, transferring, use or enjoyment of the land herein leased, nor shall lessee itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, tenants, subtenants or vendees in the land herein leased. (c) In contracts: There shall be no discrimination against, or segregation of, any person or group of persons, on account of race, religion, creed, color, national origin, ancestry, marital status, handicap status or sex in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the land. 5. ENFORCEMENT. 5.1 Events of Default. In the event either party defaults in the performance or observance of any covenant, agreement or obligation set forth in this Agreement, and if such default remains uncured for a period of thirty (30) days after written notice thereof shall have been given by the non -defaulting party, or, in the event said default cannot be cured within said time period, the defaulting party has failed to commence to cure such default within said thirty (30) days and diligently prosecute said cure to completion, then the non -defaulting party may declare an event of default to have occurred hereunder. 5.2 Remedies. In addition to any other rights or remedies that may be available and subject to the requirements of Section 5.1 above, either party to this Agreement may institute a legal or equitable action to cure, correct or remedy any default, to recover damages for any default or to obtain any other remedy consistent with the purposes of this Agreement. If either party defaults hereunder by failing to perform any of its obligations herein, each party agrees that the other shall be entitled to the judicial remedy of specific performance, and each party agrees (subject to its reserve right to contest whether in fact a default does exist) not to challenge or contest the appropriateness of such remedy. In this regard, Participant specifically 276/028275-0006/3304776.1 a04/06/00 -7- acknowledges that Agency is entering into this Agreement for the purpose of assisting in the redevelopment of the Site and not for the purpose of enabling Participant to speculate with land. 5.3 No Waiver. Waiver by either party of the performance of any covenant, condition or promise shall not invalidate this Agreement, nor shall it be considered a waiver of any other covenant, condition or promise. Waiver by either party of the time for performing any act shall not constitute a waiver of time for performing any other act or an identical act required to be performed at a later time. The delay or forbearance by either party in exercising any remedy or right as to any default shall not operate as a waiver of any other default or of any rights or remedies or to deprive such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. 5.4 Rights and Remedies are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by any party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by another party. 5.5 Attorneys' Fees. In the event of litigation between the parties arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and other costs and expenses incurred in addition to whatever other relief to which it may be entitled. 6. MISCELLANEOUS. 6.1 Governing Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 6.2 Notices. Formal notices, demands, and communications between Agency, City and Participant shall be sufficiently given if personally delivered or dispatched by registered or certified mail, postage prepaid, return receipt requested, to the addresses set forth above. All notices shall be deemed to be received as of the earlier of actual receipt by the addressee thereof or the expiration of forty-eight (48) hours after depositing in the United States Postal System in the manner described in this Section. 6.3 Conflicts of Interest. No member, official, or employee of Agency shall have any personal interest, direct or indirect, in this Agreement nor shall any such member, official, or employee participate in any decision relating to this Agreement which affects his personal interests or the interests of any cor- poration, partnership, or association in which he is, directly or indirectly, interested. 276/018275-0006/3304776.1 a04/06/00 -8- 6.4 Nonliability of Agency Officials and Employees. No member, official, employee, or consultant of Agency or City shall be personally liable to Participant, or any successor in interest of Participant, in the event of any default or breach by Agency or for any amount which may become due to Participant or to its successor, or on any obligations under the terms of this Agreement. 6.5 Books and Records. (a) Maintenance of Books and Records. Participant shall prepare and maintain all books, records and reports necessary to substantiate Participant's compliance with the terms of this Agreement or reasonably required by the Agency. (b) Right to Inspect. The Agency shall have the right, upon not less than seventy-two (72) hours notice, at all reasonable times, to inspect the books and records of the Participant pertaining to the Project as pertinent to the purposes of this Agreement. Said right of inspection shall not extend to documents privileged under attorney -client or other such privileges. 6.6 Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made by written instrument or endorsement thereon and in each such instance executed on behalf of each party hereto. 6.7 Merger of Prior Agreements and Understandings. This Agreement and all documents incorporated herein contain the entire understanding among the parties hereto relating to the transactions contemplated herein and all prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged herein and shall be of no further force or effect. 6.8 Assurances to Act in Good Faith. Agency and Participant agree to execute all documents and instruments and to take all action and shall use their best efforts to accomplish the purposes of this Agreement. Agency and Participant shall each diligently and in good faith pursue the satisfaction of any conditions or contingencies subject to their approval. 6.9 Severability. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If, however, any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 276/018275-0006/3304776.1 a03/16/00 -9- IN WITNESS WHEREOF the Agency and Participant have executed. this Agreement as of the date first written above. By : ecretary APPROVED AS TO FORM: "AGENCY" REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, CALIFORNIA, La public boy, corporate and politic By: Agency Counsel Executive "PARTICIPANT" HABITAT FOR HUMANITY, HEMET/SAN JACINTO AFFILIATE, INC., a California non-profit public benefit corporation By: Its: By: Its: I- 04'47/ 27 6/018275-0006/3304776‘1 a03/16/00 -10- EXHIBIT "A" LEGAL DESCRIPTION OF THE SITE [To be inserted] 276/016275-0006/3304776.1 a03/16/00 EXHIBIT "A" TO OWNER PARTICIPATION AGREEMENT EXHIBIT "A" LEGL DESCRIPTION OF THE SITE Legal Description Lots 1 of R.C. Allen's Subdivision , of Lot 17 in Block "C" of H.T. Hewitt's Plat of San Jacinto, as shown by Map on file in Book 1 of maps, page 36, Records of San Diego County, California_ Excepting therefrom the west 6.55 feet of the north 96.13 feet thereof. 7 JACINTO, COUNTY OF RIVERSIDE , STATE OF CALIFORNIA A PORTION OF LOT 1 OF R. C. Al 1 FN'S SUBDIVISION OF LOT 17 , BLOCK " C • OF H. T. HEWITT'S PLAT OF SAN JACINTO AS SHOWN BY MAP ON FILE IN BOOK I OF MAPS , PAGE 36 RECORDS OF SAN DIEGO COUNTY , CALIFORNIA , BEING IN SECTION 35 , TOWNSHIP 4 SOUTH , RANGE I WEST , S. B. B. M. GREG J. LEHR L.S. 6095 COLD 1 NW 5r''S•E 1107 54' 573 Fd. I'll'14 FIRE NOT 1E6101C. PLAN, NO REF. Y" 0.1 'EMI' IP 1qr CANED IANFMil, L1.A.44 CDC.IMf 44115r RY.I141.10 JT. NI1111'1TE • 455' 9 NI 12131 13 NI1F "s ( •S ; IC? g sw N 10•—E t 41t.D R N IN 45'46-15 Fd. I'tt• MUSS DISK STAMP NOT FLUSR PER N0 IRE I t6•RN) OLT, 50, I10.N T' 44.11' 4 ND st c,I •'7 _ r N 10' E 1 .0' Rte. EYAW3 CI1SD'1 I FEBRUARY , 1999 Mar 11.11' C 110.0'1 Milt- 1.1. W / TA6 NOT llil&F. FLU'N, NO REF..AllErTED A7 TOT COI. 7ErTM... LS C. 9 EARCHE 11 1:� I NO SOLUDENT1 12 45• 14 (45.') I (45') TI.I"LP. NO Ai LU1N, NO ALL. MMEITED AS IDr SET TAG LS 015 15 17 FiD 45' 45' 19 20 45 SHEET 1 OF 1 SHEE RECORDE S STATEMENT FEED THIS DAY or MAY 1999 ATSp 00 44, D4 WOK / OF RECORDS OF SURVEY AT PAGE AT THE REOSJESTOF THE COUNTY SURVEYOR. NO. _ o 'C'Y 8 FEE 4PW. 00 GARY L. •:..• ; COUNTY • I9 P.K . RECORDER EY: ,•_ O, +„ DEPVrY SURVEYOR'S STATEMENT THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE I.SHD SUIT VBYOR3' ACT AT THE REQUEST OF )4PN' IOA NUHAR I II COUNTY SURVEYOR'S STATEMENT. ma MAP HAS IIEEN EXAMINED IN A ANCE M TN SECTION 1744 OF THE LAND SURVEYORS' ACT THI5 2 DAY OF 1-1A , 1991. 5. Y AS, COUNTY SURVEYOR , LS. 4M1 THE PROPERTY SHOWN HEREON IS IN ACCORDANCE WITH LOT LINE ADIUSTMENT NO. 410 RECORDED ON 1fC. 111 111D AS INITTRI111ENT No. 441157 APPROVED EY THE CITY OF IAN IACENTO COMMUNITY DEVELOPMENT DEPARTMENT STREET C 3 rd STREET 1 15141' <N11•ID'46"R' 44T.00'.> S MEAL OASIS OF 0EARIN65 FI. R•NAIL• TM LS 505. FWW IN UNCAE1F Avow RIN. AICEPIED AS MONUMENT PR MD 214 /16•60 EXPIRATION D,4,1"5 d. I'IL• 0MSS ay. IN CONC. NAMED LS 5011. 1WU MI ND II6 /14•IO0 SURVEYOR'S NOTES o 1FT 1•1/. PW1u W/ TAN 1.1 4015 • Fl. moduor AS NIIED. ( ) RECORD INFO PER N6 I / 54. C 7 AICMD INFO IFR AID 6 / !!4. I 1 REORD Ohl PER AS 60 127. C ) Ron INFO PER( ND LI4 / 14•AY) INE RAMS OF 8FARIN65 FOR 711I1 tURY(Y It TUE rE OF EVANS 1/11E1T AS SHOWN ID OE N111AS'40"W 1 MD tW /16• 3. RIY.00.99.17 Description 1. Participant to submit plans and drawings for the Project to the Agency 2. Participant to commence development of the Project 3. Participant to complete development of the Project On or before 5/18/1999. Within 545 days of commencement. 276/016275-0006/33047761 a03/16/00 EXHIBIT "B" TO OWNER PARTICIPATION AGREEMENT CERTIFICATE OF COMPLETION RECORDING REQUESTED BY ) AND WHEN RECORDED MAIL TO: REDEVELOPMENT AGENCY OF ) THE CITY OF SAN JACINTO ) 201 East Main Street San Jacinto, CA 92583 ) [Space ove This ine For Recorder's Use] HABITAT FOR HUMANITY CERTIFICATE OF COMPLETION OF CONSTRUCTION AND DEVELOPMENT WHEREAS, by an Owner Participation Agreement dated , 2000, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, a public body, corporate and politic ("Agency") and HABITAT FOR HUMANITY, HEMET/SAN JACINTO AFFILIATE, INC., a California non-profit public benefit corporation ("Participant"), Participant has developed the real property ("Site"), legally described in Exhibit "A," by constructing or causing to be constructed the improvements thereon ("Project") according to the terms and conditions of said Owner Participation Agreement ("OPA"); and WHEREAS, pursuant to Section 3.9 of the OPA, promptly after completion of the Project, as therein defined, Agency shall furnish Participant with a Certificate of Completion upon written request therefor by Participant; and WHEREAS, the issuance by Agency of the Certificate of Completion shall be conclusive evidence that the construction of the Project or any discrete phase or portion thereof, conforms to the OPA; and WHEREAS, Participant has requested that Agency furnish Participant with the Certificate of Completion; and WHEREAS, Agency has conclusively determined that the construction of the Project conforms to the OPA; NOW THEREFORE: 1. As provided in the OPA, Agency does hereby certify that the construction of the Project has been satisfactorily performed and completed, and that such development and construction work complies with the OPA. 276/018275-0006/3304776.2 a04/06/00 EXHIBIT "C" TO OWNER PARTICIPATION AGREEMENT 2. This Certificate o evidence of compliance with or Participant to any holder of mortgage security money loaned of improvements and development Completion does not cons satisfaction of any obligation o a mortgage or any insurer of a o finance the work of construction on the Site, or any part thereof. IN WITNESS WHEREOF, Agency has executed this of this day of 2000. REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO Bv: Executive Director ATTEST: Agency Secretary 276/016275-0006/3304776.1 a03/16/00 EXHIBIT "C" TO OWNER PARTICIPATION AGREEMENT EXHIBIT "D" DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO 201 EAST MAIN Street SAN JACINTO, CA 92583 [Space Above This Line For Recorder's Use] AND DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ("Declaration") is entered into this 20th day of MARCH , 2000, by and between HABITAT FOR HUMANITY, HEMET/SAN JACINTO AFFILIATE, a California non-profit public benefit corporation ("Participant") and REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, CALIFORNIA, a public body, corporate and politic ("Agency"). WHEREAS, Participant has acquired the real property in the City of San Jacinto, County of Riverside, State of California ("Site") described in Exhibit "A" attached hereto and incorporated herein by this reference; WHEREAS, said Site is situated within the Redevelopment Project Area ("Project Area") in the City of San Jacinto ("City"), the Project Area being specifically described in the Redevelopment Plan ("Redevelopment Plan") for the Project Area; and WHEREAS, pursuant to the Redevelopment Plan, Participant has entered into an Owner Participation Agreement ("OPA") with the Agency which OPA places certain restrictions on the Site. Said Redevelopment Plan and OPA (i) are on file and may be reviewed in the office of the executive director of the Agency ("Executive Director"), in the San Jacinto City Hall and (ii) are each incorporated herein by this reference and made a part hereof as though fully set forth herein. WHEREAS, Participant, Agency, and City intend, in exchange for the entering into of the OPA by the Agency, that the Participant hold, sell, and convey the Site subject to the covenants, conditions, restrictions, and reservations set forth in this Declaration and that the Agency and City shall have the right and power to enforce the covenants, conditions, restrictions, and reservations as provided herein. 276/018275-0006/3304776.1 a03/16/00 EXHIBIT "D" TO OWNER PARTICIPATION AGREEMENT NOW, THEREFORE, Participant, Agency and City declare, covenant and agree, by and for themselves, their heirs, executors and assigns, and all persons claiming under or through them that the Site shall be held, transferred, encumbered, used, sold, conveyed, leased and occupied subject to the covenants and restrictions hereinafter set forth, which covenants are established expressly and exclusively for the use and benefit of the Agency and City. 1. Participant, its successors, assigns and any successor in interest shall develop, use and maintain the Site for use as a single family residence in conformance with the OPA, the Redevelopment Plan, and this Declaration. 2. The following occupancy standards shall be applied to the residential use of the Site, and shall determine the minimum and maximum number of persons who may reside in the residential unit. Deviations from these standards may be allowed only with the written approval of the Agency Executive Director or his designee. Number of Minimum Number Maximum Number Bedrooms of Persons of Persons 0 1 2 1 1 3 2 2 5 3 4 7 3. In the event of a sale or other conveyance of the Site: (a) Participant shall make the Site available to a qualified buyer at an affordable housing cost for persons and families of very low, low or moderate income. (b) The qualified buyer may not have an income exceeding 80% of the area median income level as defined in Health & Safety Code §50052.5. (c) The terms "affordable housing costs," "persons and families of low or moderate income," and "very low income", shall have the same meanings as defined by Sections 50052.5, 50093 and 50105 of the California Health & Safety Code, respectively, or as such sections are amended or substituted. (d) In the event of the subsequent sale of the Site by the qualified buyer, the Participant shall have the right of first refusal in the purchase of the Site. For the purposes of this section, a conveyance or transfer of the Site to the heirs or devisees of the qualified buyer, resulting from the death or incapacity thereof, shall be deemed not to be a sale of the Site. 276/018275-0006/3304776.1 a04/06/00 EXHIBIT "D" TO OWNER PARTICIPATION AGREEMENT 4. Participant covenants and agrees for itself, its successors and assigns, and every successor in interest to the Site or any part thereof, that Participant shall be responsible for maintenance of all improvements that may exist on the Site from time to time, and shall keep the Site free from any accumulation of debris or waste materials. Participant shall also maintain all landscaping in a healthy condition, including replacement of any dead or diseased plants. Participant hereby waives any notice, public hearing, and other requirements of the public nuisance laws and ordinances of the City that would otherwise apply. 5. If any owner of the Site defaults on the performance of any of its obligations hereunder, the Agency or City, their employees, contractors and agents may, at their sole option, and after making reasonable demand of the owner of the Site that it cure said default, enter onto the Site for the purpose of curing the default. In making an entry, the Agency or City shall give the owners of the Site or their representative, reasonable notice of the time and manner of said entry and said entry shall only be at such times and in such manners as is reasonably necessary to carry out this Declaration. In such event, the owner of the Site shall reimburse the Agency or City for all costs and expenses related to the curing of said default. If the Agency or City is not reimbursed for such costs by the owner of the Site within 30 days after giving notice thereof, the same shall be deemed delinquent, and the amount thereof shall bear interest thereafter at a rate of ten percent (10%) per annum until paid. Any and all delinquent amounts, together with said interest, costs and reasonable attorneys fees shall be a personal obligation of the owner of the Site as well as a lien and charge, with power of sale, upon the Site. The Agency may bring an action at law against the owner of the Site to pay any such sums. The lien provided for in this Section 5 may be recorded by the Agency as a Notice of Lien against the Site in the Office of the County Recorder, County of Riverside, signed and acknowledged, which Notice of Lien shall contain a statement of the unpaid amount of costs and expenses. The priority of such lien when so established against the Site shall date from the date such notice is filed of record and shall be prior and superior to any right, title, interest, lien or claim which may be or has been acquired or attached to such real property at the time of recording of such lien, but shall be junior and subordinate to matters having a priority prior to the date such notice is recorded; provided that, however, said lien shall be subordinate to any bona fide mortgage or deed of trust and any purchaser at any foreclosure or trustee's sale under any such bona fide mortgage or deed of trust. Such lien shall be for the use and benefit of the person filing the same, and may be enforced and foreclosed in a suit or action brought in any court of competent jurisdiction. Any such lien may be enforced by the Agency or City by taking either or both of the following actions concurrently or separately (and by exercising either of the 276/018275-0006/3304776.1 a03/16/00 EXHIBIT "D" TO OWNER PARTICIPATION AGREEMENT remedies set forth below shall not prejudice or waive its rights to exercise the remedy): (i) bring an action at law against the defaulting party personally obligated to pay such lien or (ii) foreclose such lien in accordance with the provisions of Section 2924 of the California Civil Code applicable to the exercise of powers of sale or mortgages and deeds of trust, or any other manner permitted by California law. Upon the timely curing of any default for which such lien was recorded, the City or Agency shall record an appropriate release of such lien, and sign any other documents reasonably necessary to satisfy title insurance requirements, upon payment by the owner of the Site of a reasonable fee to cover the costs of preparing and recording such release, together with the payment of such other costs, including without limitation, reasonable attorneys fees, court costs, interest or other fees which have been incurred. 6. The provisions of this Declaration do not limit the right of any mortgagee or beneficiary under a deed of trust which secures construction or permanent financing to foreclose or otherwise enforce any mortgage, deed of trust or other encumbrance upon the Site or any portion thereof, or the right of any mortgagee or beneficiary under a deed of trust to exercise any of its remedies for the enforcement of any pledge or lien upon the Site; provided, however, that in the event of any foreclosure under any such mortgage, deed of trust or other lien or encumbrance, or a sale pursuant to any power of sale included in any such mortgage or deed of trust, the purchaser or purchasers and their successors and assigns and the Site shall be and shall continue to be subject to all of the conditions, restrictions and covenants contained herein. 7. The covenants contained in this Agreement shall remain in effect during the duration of the Redevelopment Plan, except for the covenants against discrimination, which shall remain in perpetuity. 8. The Agency, its successors and assigns are deemed the beneficiary of the covenants contained herein, without regard to technical classification and designation. The covenants shall run in favor of the Agency, its successors and assigns, and the City of San Jacinto, without regard to whether the Agency has been, remains or is an owner of any land or interest therein. 9. The provisions contained herein are covenants running with the land and shall bind the Participant and the successors and assigns of the Participant to the Site. 10. The Agency, City, and Participant, and their successors and assigns, shall have the right to consent and agree to change or eliminate, in whole or in part, any of the covenants or restrictions contained in this Declaration without the consent of any tenant, lessee, easement holder, licensee, mortgagee, 276/016275-0006/3304776.1 a03/16/00 EXHIBIT "D" TO OWNER PARTICIPATION AGREEMENT trustee, beneficiary under a deed of trust or any other person or entity having any interest less than a fee in the Site, except any beneficiary under a deed of trust which secures construction or permanent financing. The covenants and restrictions contained in this Declaration shall not benefit or be enforceable by any owner of any other real property within or outside the Project Area, or any person or entity having an interest in any such other real property. Any amendments to the Redevelopment Plan which change the uses or development permitted on the Site or otherwise change any of the restrictions or controls of the Redevelopment Plan not applying to the Site shall not require the consent of the Participant. 11. There shall be no discrimination or segregation of any person, or group of persons, on account of race, religion, color, national origin, ancestry, creed, marital status, handicap status or sex in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site or any part thereof, nor shall the Participant itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Site. 12. The Participant shall refrain from restricting the rental, sale or lease of the Site on the basis of race, religion, creed, color, national origin, ancestry, marital status or sex of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: (a) In deeds: The grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, religion, creed, color, national origin, ancestry, marital status, handicap status or sex in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the land herein conveyed. The forgoing covenants shall run with the land. 276/018275-0006/3304776.1 a03/16/00 EXHIBIT "D" TO OWNER PARTICIPATION AGREEMENT (b) In leases: The lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions: that there shall be no discrimination against or segregation of, any person or group of persons, on account of race, religion, creed, color, national origin, ancestry, marital status, handicap status or sex in the leasing, subleasing, transferring, use or enjoyment of the land herein leased, nor shall lessee itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, tenants, subtenants or vendees in the land herein leased. (c) In contracts: There shall be no discrimination against, or segregation of, any person or group of persons, on account of race, religion, creed, color, national origin, ancestry, marital status, handicap status or sex in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the land. 13. Miscellaneous. (a) Modification. This Declaration may not be modified, terminated or rescinded, in whole or in part, except by a written instrument duly executed and acknowledged by the parties hereto, their successors or assigns and duly recorded in the Office of the County Recorder, County of Riverside. (b) Governing Law. This Declaration shall be governed by and construed in accordance with the laws of the State of California. (c) Severability. The invalidity or unenforceability of any provision of this Declaration with respect to a particular party or set of circumstances shall not in any way affect the validity and enforceability of any other provision hereof, or the same provision when implied to another party or to a different set of circumstances. (d) Notices. Any notice to be given under this Declaration shall be given by personal delivery or by depositing the same in the United States Mail, certified or registered, postage prepaid, at the following address: 276/016235-0006/3304776.1 a03/16/00 EXHIBIT "D" TO OWNER PARTICIPATION AGREEMENT Agency: City: Declarant: San Jacinto Redevelopment Agency 201 East Main Street San Jacinto, CA 92853 Attn: Executive Director City of San Jacinto 201 East Main Street San Jacinto, CA 92853 Attn: City Manager Habitat for Humanity, Hemet/San Jacinto Affiliate, Inc. 191 South Columbia Street Hemet, CA 92544 Any notice delivered personally shall be effective upon delivery. Any notice given by mail as above provided shall be effective forty-eight (48) hours after deposit in the mails. Any party may change address for notice by giving written notice of such change to the other party. (e) Counterparts. This Declaration may be executed in any number of counterparts each of which shall be an original but all of which shall constitute one and the same document. 276/018275-0006/3304776.1 a03/16/00 EXHIBIT "D" TO OWNER PARTICIPATION AGREEMENT IN WITNESS WHEREOF, Agency and Participant have executed this Declaration. ATTEST: "AGENCY" REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, CALIFORNIA, Ia p blic bod, orporate and politic By: By: Secretary APPROVED AS TO FORM: Agency Counsel "PARTICIPANT" HABITAT FOR HUMANITY, HEMET/SAN JACINTO AFFILIATE, INC., a California non-profit public benefit corporation By: Its: By: 276/018275-0006/3304776.1 a03/18/00 EXHIBIT "D" TO OWNER PARTICIPATION AGREEMENT Permits: EXHIBIT E HABITAT FOR HUMANITY HEMET/SAN JACINTO AFFILIATE INC. REQUEST FOR REDEVELOPMENT FUNDS for OLD SECOND STREET January 1, 1999 thru December 31, 1999 $3,096.92 $3,845.00 $2,566.90 $9,508.00 City of San Jacinto Water/Sewer School Fees Off -Sites: Utilities: $ 200.00 Edison $ 276.00 Telephone $ 250.00 Temp Power pole $ 400.00 Water Meter Lot Preparation $ 1,600.00 Soils Test $ 1,500.00 Extra Soil $ 3,000.00 Grading of Lot $ 266.00 Equipment Rental $ 5,500.00 Septic Tank/re-grading $12,902.00 TOTAL: $22,500.00 Modification to include septic tank and re -grading garage area due to lack of sewer hook-up on Old Second Street. Construction disc oldsecjc 08-28-00 S. Desgro STATE OF CALIFORNIA COUNTYOF RIVERSIDE On MARCH 20, 2000 , before me, JOANN S. GRAHAM, NOTARY PUBLIC **SHARON DESGRO AND HARRIS MOORE** personally appeared , personally known to me (or prcoved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is ere subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/tier(t_Q;, authorized capacity(les), and that by his/heOffeir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITN ESS my hand and official seal. Signature W(,( ' CC&R'S } STATE OF CALIFORNIA }ss. COUNTY OF (This area for official notarial seal) o Ann S. Graham Comm. #11292,69 NOTARY PUBLIC - CALIFORNIA, RIVERSIDE COUNTY 0 Comm. Exp. April 21, 2001 On , before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. (This area for official notarial seal) WITNESS my hand and official seal. Signature RECORDING REQUESTED BY Habi at for Humanity P.O. Box 1574 San ,Jacinto, CA 92583-1574 WHEN RECORDED MAIL TO NAME I3abitat for Humanity MAILING P.O. Box 1574 ADDREss San Jacinto CITY. STATE CA ZIPCODE 92583-1574 DOC ft 3S99_4574 s Conformed Copy 10/15/1999 Gary L Orso Assessor -County Clerk -Recorder SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE TITLE(S) NOTICE OF CONSENT TO USE LAND LS-201 • Recording Requested By Habitat for Humanity When Recorded Mail To Habitat for Humanity P.O. Box 1574 San Jacinto, CA 92583-1574 Space above this line for recorder's use NO1ICE OF CONSENT TO USE LAND This notice relates to the following described land located in the City of San Jacinto, County of Riverside State of California: A Portion of Lot 1 of R.C. Allen's subdivision of Lot 17, Block C, of H. T. Hewitt's Plat of San Jacinto, as Shown by Map on file in Book 1 of Maps, Page 36, Records of San Diego County, California, being described as follows: Beginning at the Southwest Corner of said Lot 1; thence N00 degrees 03'21"W, along the West line of said Lot 1, 122.10 feet; Thence N89 degrees 56'39"E, 6.55 feet; Thence SOO degrees 03' 21"E, 122.11 feet to a point on the South Line of said Lot 1; Thence N89 degrees 55'49"W, along said South Line, 6.55 feet, to the Point of Beginning, containing 800 sq.ft. The right of the public or any person to make any use whatsoever of the above described land or any portion thereof (other than any use expressly allowed by a written or recorded map, agreement, deed or dedication) is by permission, and subject to control, of owner: Section 813, Civil Code This permission is subject to the following restrictions: Compliance with ordinances and codes or other regulations of the City of San Jacinto governing the use, possession and occupancy ofland within the City of San Jacinto Dated: /0, 1‘;/, Habitat for Humanity, Hemet/San Jacinto iliate, Inc. By: 's ore, resi By: Carole Scarpelli, Secret State of California County of Riverside ) ss. On October 14 , 1999, before me, a notary public, personally appeared Harris Moore, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. State of California ) ss. County of Riverside DEBRA L. TURNER COMM.,1158927 n NOTARY PUBLIC - CALIFORNIA RIVERSIDE comm. 1.4 My Comm E:Vires On October 14 , 1999, before me, a notary public, personally appeared Carole Scarpelli, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. DEBRA L. TURNER COMM.I1158927 NOTARY PUBLIC - CALIFORNIA RIVERS1DE COUNTY My Comm. E:vires Oct.18, 2001 CITY OF SAN JACINTO MONUMENT SIGN (South East Corner: Ramona Expressway & Sanderson Ave.) SHEET INDEX: PHASE L1.0 CONSTRUCTION PLAN ..... .............. ......... I L1.1 LAYOUT PLAN L1.2 GRADING PLAN L1.3 CONSTRUCTION DETAILS & SIGNAGE L1.4 CONSTRURCTION NOTES ........... ..... ........... .......... I L2.0 PLANTING PLAN II L2.1 PLANTING DETAILS & SPECIFICATIONS II L3.0 IRRIGATION PLAN II L3.1 IRRIGATION DETAILS & SPECIFICATIONS II L4.0 LIGHTING LAYOUT & SPECIFICATIONS I I- Lu Lu co TW 1463.25 FG 1461.75 GRATE AND BASIN PART #961 & #916 TD 1461.35 (BOW 1461.13) (TC 1460.95) Join Existing Top of Curb a) 0 ot6 CO TP 1469.75 TW 1463.25 OF .INTIr" 4" PVC DRAIN LINE MIN. 2% SLOPE (TC 1462.79) (BOW 1462.89) TP 1469.75 Join Existing Top of Curb A SCALE: 1 /8" = 1.-0" GRADING LEGEND FINISH FLOOR ELEVATION FF FINISHED GROUND ...... FG FINISHED SURFACE FS TOP OF ROCK FORMATIONTORE HIGH POINT ......... ...... FINISH PAD ELEVATION PAD PLANTER AREA PA TOP OF CURB TO TOP OF DRAIN TV BACK OF WALK... BOW TOP OF STAIR TOE BOTTOM OF STAIR DOS TOP OF PILASTERTP BOTTOM OF PILASTER BS BOTTOM OF POOL- BOP POINT OF CONNECTIONS PDC EXISTING ELEVATION (100.5D) FINISHED ELEVATION 101.50 PROPERTY LINE --- CENTERUNE NOTE: 1. Ply of Son Jodi° proVdo M fi molorlaL Carrboolor noponobis for rowing mid obnpocion. 2. Dove bld abornols, cAy of tban Jodolo provides rough Ando conodeclod pod so deigned Ix corm rnorornent. Ocudet Dczt=roup Dakted2 SM. z z I Iry tS L .2 iV Visually High Radial Smooth Plaster Monument Wail By La Habra Stucco, X-17 Misty ELEVATION: MONUMENT SIGN WALL 0 v.. 0 0 0 0 II, tro EH:14 rip YT NO ri.N RI aitit,36c-ip NT REV 1/44' QUI TE phoouc 7-6240 ©11.- X 8X 16' PRECISION CONC. BLK. CIADJACENT MONUMENT WALL PER CONST. PLAN AND DETAILS. CS-1_4 VERT. BARS BEND IN FrG. AS SHOISN. SEE PLAN VIEW. On BAR HORIZ. TIES 8,- 0.0 MAX AS SHOVIN, SEE PLAN VIEW. 012 RoRIZ. LEG ON VERT. REBAR, 01/2" MORTAR SETTING BED GROUT FILL SCUD. OSTAcNED STONE VEENER BY CORONADO, STONE PRODUCTS" VIRGINIA LEDGE, COLOR: FIN.JE DRY STACKED 909/357-8259 @CONC. FIG. 2000 P.S.I. 0 28 DAYS. ()FINISH GRADE 05-15 BAR HORIZ, EA. WAY : 1, POUR CONC. FTG. AGAINST FIRM UNDISTURBED SOIL OR PROPERLY RECOMPACTED FILL PER siRucTscas REPORT STACKED STONE VENEER COLUM SECTION NOT TO SCALE Pre -cast City Logo Design by Phmappla Groin Designs 800/771-4595 Font 16") E MONUMENT LETTERING & LOGO s Inter. Corp., Font (10') SECTION SCALE: 1/0-.1.-0" 010" NICE 4 Hal CONC. CAP BLOCK OPLASTER-PROVIDE 3ff.,BRO021 COAT MID 1 /11' 91100111 FiNISHIngolcIR COLOR COATED Efr HABRA X -17, CAM. MISTY 909/853-3510 C f4 WO. BARS • 32' CID ALT. BENDS IN FTC. AS SHORN. erigw41101724" 1Z. BARS CONT, IN WALL AS • 0.C. &MOT FILL All CELL W/ REINFORCING OW X NM PRECISION CONC. moor. • (E)Zb WilAasPER CONST. PLAN. (f)CONC. FM, 2500 P.S.I. 0 2a DAYS. 04-.4 HCRiZ. BAR CONT, RI. FTC. AT TOP AND AT BOTTOM RIVER ROCK CIROUNOCOVER CROCK TYPE iT) BE CHOOSEN BY TEcT) 0 la" HIGH CONC. RECESSED LIGHT WALL (..0 SOLACE ilUM/NATINO FIXTURE 0 2 LAYER PEA GRAVEL GROUND COVER FOR LIGHTING WELL NOTE: AGAINST FIRM OR PROPERLY PER STRUCTURAL PLASTERED SIGN WALL WITH CAP & LIGHTING WELL SECTION NOT TO SCALE AN Letters To Be Matthews Inter. Corp. Cast Iron Formed 'Project Mount:ad' W/ Anodized Satin Shea" Finnish (800)628.8439 Palotino Simi -Bold Font (20") 2"- 11" OM. I OrAt RIVER ROCK GIMOKOCOvER FILTER FABRIC COMPACTED SUB- MADE FRISH foor_ a" MN. saw G.C. MI) I • FINNISH MACE IPlExpoYab/.2" MMUS 11011EDGES . nEv..ALL ruprIta CUM 111UWLL M. PER . 2COO • 0 1.10 FIVERMESH IFORCEMENT PER YARD CONC. IENER11007... aut CONT. • won., I. mon( 3CO85 JOINTS AT 117-0- D.C. SAL SPALIM3 AI CyPAIIISION JOINTS • 20 -0- D.C. SAL SPACING AND AT ALL CHANGES II DIRECTON. S. JOIN All 0711131 PAYED SURPACES FUIVI. MLESS NOTED OTHDYNTsE 3. APPLY PRE-01E1M1l WEED CONTROL' SURFLMe TO RCM TO MOUND COVER CONC. CURB AND RIVER ROCK GROUNDCOVER mom IIPACM1 CAE( NM vow= LIVER 411,10 X111122111N1 PROJECT MOUNT DETAIL WI SPACERS AND THREADED STUDS SET IN ADHESIVE SECTION SCALE: 1/4"-V-0" SECTION NOT TO SCALE 1h1lSA 0 co z • < I ra- n z I 2 1 8 : I. CONTRACTOR'S CONSTRUCTION WORK RESPONSIBILITIES: Ill. A. SCOPE OF WORK: THE CONTRACTOR SHALL PROVIDE ALL LABOR, MATERIALS TRANSPORTATION AND SERVICES NECESSARY TO FURNISH AND INSTALL ALL CONSTRUCTION ELEMENTS AS SHOWN ON THE DRAWINGS AND SPECIFIED HEREIN. B. CONFORMANCE: ALL CONSTRUCTION WORK SHALL CONFORM TO APPUCADLE I now COUNTY AND/OR STATE CODES. REGULATIONS AND RULES. C. UCENSE: ALL WORK SHALL BE PERFORMED BY A CAI/FORAM UCENSED CONTRACTOR. D. PERMITS AND INSPECTIONS: THE CONTRACTOR SHALL OBTAIN, COORDINATE AND PAY FOR ANY AND ALL PERMITS, FEES AND AGENCY INSPECTIONS AS REWIRED. E. INSURANCE: THE CONTRACTOR SHALL CARRY ALL WORKMAN'S COMPENSATION, roam TJABILITY ANT) PROPERTY DAMAGE INSURANCE AS REQUIRED BY ALL APPLICABLE CODES, AND THE CITY OF SAN JACINTO F. SITE VERIFICATION: PRIOR TO COMMENCEMENT OF WORK. THE CONTRACTOR SHALL VERIFY, AT THE JOB SITE. ALL CONOMONS AND DIMENSIONS SHOWN ON THE PLANS AFFECTING THE INTENDED DESIGN OF THE LANDSCAPE WORK. ANY DISCREPANCIES SHALL BE REPORTED TO TEE OWNER (JOB SUPERINTENDENT) IMMEDIATELY. G. I lIAR F FOR ENCROACHMENT: THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY ENCROACHMENT ONTO AOJ.WENT PROPERTY, RIGHT-OF-WAYS. FART -RENTS. SET -BACKS OR ANY OTHER LEGAL PROPERTY RESTRICTIONS EITHER MARKET) OR UNMARKED. H. COORDINATION OF ACTIVITIES: THE CONTRACTOR WALL BE RESPONSIBLE FOR COORDINATION OF HIS ACTIVITIES WITH ALL OTHER TRADES THROUGH THE OWNER (JOB SUPERINTENDENT). T. FIELD STAKING PAX TO INSTALLATION, THE CONTRACTOR SHALL LOCATE BY STAKES, OR OTHER MEANS. ALL CONSTRUCTION ELEMENTS AS DELREATTED ON THE PLANS FOR APPROVAL BY THE CITY REPRESENTATIVE AND LANDSCAPE ARCHITECT. J. NOTIFICATION OF DISCREPANCIES ANY OtsuitPANCES BETWEEN THE FIELD CONDITIONS AND THE CONTRACT DOCUMENTS AND/OR THE DESIGN INTENT AFFECTING THE SUCCESSFUL COMPLETION AND COST OF THE PROJECT SHALL EE REPORTED TO THE CITY SUPERINTENDENT) AND LANDSCAPE ARCHITECT NMEOLATELY. ALL WORK RELATED TO THE PROBLEM AREA SHALL CEASE UNTIL THE DISCREPANCIES HAVE BEEN RESOLVED BY THE OWNER (JOB REPRESENTATIVE OR LANDSCAPE ARCHITECT IN WRITING. ANY CONTINUATION OF WORK PRIOR TO THE RESOLUTION OF DISCREPANCIES IS AT THE CONTRACTORS RISK AND EXPENSE. K. ITAR F FOR DAMAGE: THE CONTRACTOR SHALL BE LIABLE FOR DAMAGE TO ALL UTILITIES, CONSTRUCTION, IRRIGATION AND PLANTING ELEMENTS, LIFsING OR NEW. MARKED CR UNMARRED, AND SHALL REPAIR OR REPLACE ANY DAMAGED IMPROVEMENTS IN A MANNER ACCEPTABLE TO THE CITY REPRESENTATIVE L. LIABLE FOR LOSS: THE CONTRACTOR SHALL BE RESPONSIBLE AND I IAR F FOR ANY LOSS TO HIS EQUIPMENT, PARTS AND MATERIALS ON THIS PROJECT UNTIL COMPLETION AND ACCEPTANCE OF THE JOB IN WRITING BY THE CITY REPRESENTATIVE TA, WRITTEN GUARANTEE: ALL WORK SHALL BE GUARANTEED BY THE CONTRACTOR AS TO THE MATERIAL AND WORKMANSHIP FOR A PERIOD OF ONE YEAR FOLLOWING THE DATE OF FINAL ACCEPTANCE OF PROJECT. THE CONTRACTOR SHAU. PROVIDE A WRITTEN GUARANTEE ON HIS LETTERHEAD AT THE WE OF THE FERAL INSPECTION. N. Wm, TEN CERTIFICATION: THE CONTRACTOR SHALL PROVIDE A WRITTEN CERTIFICATION THAT THE CONSTRUCTION WORK IS INSTALLED IN FULL COSIPLJANCE WITH THE CONTRACT DOCUMENTS. ANY APPROVED SI,IBSTITTJflONS OR DEVIATIONS FROM THE PLANS OR SPECIFICAIIONU SHALL BE NOTED. THIS CERTIFICATION SHALL BE ON THE CONTRACTORS LETTERHEAD WITH HIS SIGNATURE AND CALIFORNIA CONTRACTOR'S LICENSE NUMBER. II. OWNER'S CONSTRUCTION WORK RESPONSIBILITIES: A. CONSTRUCTION RESPONSIBILITIES: THE CONTRACTOR WILL BE DIRECTLY RESPONSIBLE FOR ALL ASPECTS OF CONSTRUCTION NCLUOING ALL CONSTRUCTION INSPECTIONS. ALL FIELD MEETINGS SHALL BE INITIATED BY THE CONTRACTOR AND COORDINATED THROUGH THE CM REPRESENTATIVE TO THE LANDSCAPE ARCHITECT. TEE LANDSCAPE ARCHITECT SHALL BE IN A SUPPORT OBSERVATION ROLE TO THE CITY REPRESENTATIVE PROVIDING INTERPRETIVE ADVICE ONLY IN ACCORDANCE WITH THE OBSERVATION SCHEDULE AS NOTED. B. DETERMINING LEGAL AND PHYSICAL ELEMENTS: CITY ENGINEERING STAFF SHALL ASSIST IN DETERMINING PROPERTY LINES. RIGHT-OF-WAYS. TRACT BOUNDARIES. GRADES, EASEMENTS, UTILITY LOCATIONS (ALEKNE AND BELOW GRADE) ANY OTHER LEGAL OR PHYSICAL ELEMENTS, AS REQUIRED. FOR THE SUCCESSFUL COMPLETER OF THE WORK. CONTRACTOR SHALL NOT BE PERMITTED TO PROCEED WITH ANY WORK WITHOUT DETERMINATION OF THE ABOVE INFORMATION. C. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ROUGH AND FINISH GRADE AND DRAXAGE OF ALL CONSTRUCTION ELEMENTS AT SPECIFIED GRADIENT. D. SITE DISCREPANCIES: ALL DISCREPANCIES IN SITE CONDIDONS, DRAWINGS OR SPECIFICATIONS 9441 BE BROUGHT TO THE ATTENTION OF THE CITY REPRESENTATIVE AND LANDSCAPE ARCHITECT IMMEDIATELY. IT IS THE CITY REPRESENTATIVES RESPONSIBILITY TO CONSULT THE LANDSCAPE ARCHITECT PRIOR TO ANY FURTHER WORK IN THAT AREA. ANY UNREPORTED WAYRPANCY AND CONTINUED WORK WITHOUT WRITTEN AUTHORIZATION FROM THE CRY REPRESENTATIVE AND LANDSCAPE ARCHITECT SHALL BE AT THE CONTRACTOR'S RISK AND EXPENSE. E. CONTRACT FULFILLMENT: ALL QUESTIONS RELATING TO INTERPRETATION OF THE DRAWINGS AND SPECIFICATIONS, DUALITY OF WORK AND ACCEPTABLE FULFILLMENT Cr INTENT OF THE CONTRACT DOCUMENTS SHALL BE DECIDED BY THE CITY REPRESENTATIVE AND LANDSCAPE ARCHITECT CONCURRENTLY. REQUIRED FIELD OBSERVATION WORK: A REQUIRED FIELD OBSERVATION WORK: THESE PLANS WERE PREPARED WITH THE UNDERSTANDING THAT 'THE OWNER OF SA.4) PLANS WILL USE OAUDET DESIGN GROUP TO PROVIDE CONTRACT SERVICES INCLUDING FIELD OBSERVATION SERVICES DURING CONSTRUCTION. FAILURE TO USE CANJDET DESIGN CROUP TO PROVIDE AND COMPLETE THE FIELD OBSERVATION SERVICES SET FORTH HEREIN WILL SIGNIFICANTLY INCREASE THE RISK OF LOSS RESULTING. AMONG OTHER CAUSES, FROM MISINTERPRETATION OF THERETO, AND FAILURE TO DETECT ERRORS AND OMISSIONS IN THE PLANS AND SPECIFICATIONS BEFORE THEY BECOME COSTLY MISTAKES BUILT INTO THE PROJECT, THEREFORE, IN THE EVENT 1 THAT GAIRTET MAW, GROUP IS OTHERWISE PRECLUDED FROM COABILETING TIE FIELD OBSERVATION SERVICES SET FOMM HEREIN, THE OWNER, OR ANSEQUENT OWNER ONOVOLLN_S OR CORPORATIONS WHO HAVE PURCHASED THESE PLANS WITH THE PROJECT). AGREES TO HOLD HARMLESS, INDEMNIFY. AM) DEFEND GADGET DESIGN GROUP AND THEIR CONSULTANTS FROM AM) AGAINST ANY AND ALL CLAIMS. IV, LANDSCAPE ARCHITECT'S CONSTRUCTION FIELD OBSERVATION SCHEDULE: A. FIELD OBSERVATION COCRONATIONC THE FOLLOWING 08SERVATONS SHALL BE NOTATED BY THE CONTRACTOR AND COORDINATED THROUGH THE CITY REPRESENTATIVE. THE CONTRACTOR SHALL NOTIFY THE CITY REPRESENTATIVE AND LANDSCAPE ARCHITECT NOT LESS THAN FORTY-EIGHT (48) HOURS N ADVANCE OF ANY OBSERVATION. CONTINUED WORK WITHOUT OBSERVATION OF THESE PHASES OF WORK S Al THE CONTRACTOR'S MIX WITH ANY REQUIRED CHANGE OR MODIFICATIONS AT THE CONTRACTOR'S EXPENSE. TILE COY REPRESENTATIVE SHALL INFORM THE LANDSCAPE ARCHITECT AS TO THE PURPOSE AND TINE OF THE OBSERVATION FORTY-EIGHT (48) HOURS IN ADVANCE. B. CONTRACTOR ORIENTATION/PRECONSTRUCTION MEETING: THIS MEETING SHALL BE CONDUCTED TO DISCUSS THE SPECIFICATIONS, POSSIBLE DISCREPANCIES, SITE CONOMONS AND OTHER ASPECTS OF THE PROJECT consmucnoN WORK SUCH AS PERSONNEL SCHEDULE AND REQUIREMENTS FOR STARTING WORK. PRIOR TO THE MEETING, CONTRACTOR SHALL THOROUGHLY ACQUAINT HERSELF WITH SITE CONETITIONS AND THE PLANS, DETAILS AND SPECIFICATIONS. C. CONSTRUCTION STAKING AND LAYOUT OBSERVATION: THIS OBSERVATION SHALL BE PERFORMED AFTER ALL CONSTRUCTION ELEMENTS, FLOW LINES AM) FINISH GRADES HAVE BEEN LOCATED IN THE FIELD, BUT PRIOR TO FORMING OR EXCAVATING Q. FINAL OBSERVATION/PROJECT CERTIFICATION: THIS OBSERVATION VISIT WILL BE PERFORMED TO REVIEW ALL ASPECTS OF THE CONTRACTED WORK PRIOR TO RELEASING THE PROJECT TO THE CITY. V. SCOPE OF LANDSCAPE CONSTRUCTION: A. BASE SHEETS: BASE SHEETS WERE DERIVED FROM PLANS: PREPARED BY: TERME CONSMTANTS HAW WWI RILED; TOPO MAP B. SOILS REPORT: mre SOILS REPORT UTILIZED IN THE PREPARATION OF THE CONSTRUCTTON PLANS AND DETAILS IS AVAILABLE UPON REQUEST FROM CITY ENGINEER. C. CONCRETE AND MASONRY NOTES: I. THE CONTRACTOR SHALL NOTFY THE CITY REPRESENTATIVE AND LANDSCAPE ARCHITECT OF ANY DISCREPANCIES BETWEEN THE PLANS, DETAILS AND NOTES. 2. NOTES ANY) DETAIL REFERENCES: THE FOLLOWING NOTES AND TYPICAL DETAILS REFERENCE APPLY TO ALL DRAWINGS UNLESS NOTED OTHERWISE: 3. LICENSE: THE CONCRETE CONTRACTOR SHALL BE A C-8 CALIFORNIA LICENSED CONCALTL CONTRACTOR. THE MASONRY CONTRACTOR SHALL BE A C-2,3 CALIFORNIA LICENSED MASONRY CONTRACTOR. 4. UNIFORM BUILDING CODE: ALL CONSTRUCTION AND WORKMANSHIP SHALL CONFORM TO THE CURRENT EDITION OF THE UNIFORM BUILDING CODE. 5, FIELD VERIFICATION: CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND SITE CONDITIONS BEFORE STARTING WORK. THE CITY REPRESENTATIVE AND LANDSCAPE ARCHITECT SHALL BE NOTIFIED OF ANY DISCREPANCIES. IL METHODS OF CONSTRUCTION: THE CONTRACT DRAWINGS AND SPECIFICATIONS REPRESENT THE FINISHED STRUCTURE UNLESS OTHERWISE SHOWN. THEY DO NOT NDICATE THE METHOD OF CONSTRUCTION, THE CONTRACTOR SHALL SUPERVISE AND DIRECT THE WORK AND SHALL BE Rix FLY RESPONSIBLE FOR ALL CONSTRUCTION MEANS, METHODS, TECHNIQUES. SEQUENCES AND PROCEDURES. 7, SAFETY PROCEDURES: OBSERVATION VISITS TO THE ATE BY FIELD REPRESENTATIVES OF THE LANDSCAPE ARCHITECT MOLL NOT INCLUDE REVIEW OF THE PROTECTIVE MEASURES CR THE CONSTRUCTION PROCEDURES REQUIRED FOR THE FINISHED STRUCTURE B. SOILS COMPACTION: ALL EXISTING FILL SOIL AND DISTURBED NATURAL SOILS ARE TO BE EXCAVATED AND REPLXED WITH PROPERLY COMPACTED FILL AT SOX DRY DENSITY. ALL rum. BACKFTLLING. RECOMPACTON, ETC., IS TO BE ACCOMPLISHED ONLY UNDER THE suPERvlsroN OF A SOILS ENGINEER. , INSPECTIONR ALL EXCAVATIONS ARE TO BE INSPECTED AND APPROVED BY A SOILS ENGINEER PRIOR TO THE PLACEMENT OF NIT FILL OR REINFORCING STEEL O. SLEEVE COORDINATION: ALL PPE SLEEVING FOR DRAINAGE, IRRIGATION MID ELECTRICAL SERVICE, BENEATH OR EMBEDDED IN CONCRETE OR MASONRY WALLS SHALL BE LOUTERATED WITH THE APPROPRIATE SUBCONTRACTORS THROUGH THE GAMER (JOB SUPERINTENDENT) AND APPROVED BY THE OWNER. 11. ROCK AND SAND SPECIFICATIONS AGGREGATES FOR CONCRETE SHALL BE NATURAL SAND NH) ROCK CONFORMING TO MTN C33. 12. AGGREGATES: AGGREGATES FOR MORTAR MID GROUT SHALL BE NATURAL SAND NE ROCK CONFORMING TO ASTIA C-144 AND C-404. 13, CEMENT: CEMENT SHALL BE PORTLAND CEMENT CONFORMING To AsTIA o-15D, TYPE V 14, CONCRETE BLOCK: ALL CONCRETE BLOCK SHALL CONFORM TO ASH/ C-90, GRADE N. 15. MORTAR: MORTAR SHALL BE TYPE S' MIXED IN THE PROPORTIONS OF 1 PART PORTLAND CEMENT TO 1/2 TO 1/4 PARTS LIME PUTTY TO 2-1/4 TO 3 TIMES THE QUANTITY OF THE CEMENT PLUS LAE PUTTY PARTS OF SAND. 18. GROUT: GROUT SHALL ATTAIN A MINIMUM COMPRESSIVE STRENGTH OF 2,000 PSI AT 28 DAYS AND SHALL BE MIXED IN PROPORTIONS OF 1 PART PORTLAND CEMENT TO 1/10 PART LAW PUTTY TO 2 TO 3 PARTS SAM) TO A MAXIMUM OF 2 PARTS GRAVEL. Ti. LYIINCI ALL CEMENT, AGGREGATE, REINFORCING STEEL STRUCTURAL STEEL ETC. SHALL BE FROM TESTED STOCK. COPIES OF TEST REPORTS SHALL BE FUFNISIED TO THE OWNER (JOB SUPERINTENDENT UPON REQUEST. 11/1. COMPRESSIVE STRENGTH OF CONCRETE: ALL CONCRETE SHALL ATTAIN A MINIMUM COMPRESSIVE STRENGTH OF 2,000 PSI AT 28 DAYS. (5.2 SK/YD). TB, REBARS: LAP ALL BARS IN CONCRETE A MINIMUM OF THIRTY SIX (38) TIMES THE DIAMETER OF THE REINFORCING BAR (2.-8" MINIMUM) AT ALL SPLICES, LAP ALL BARS IN MASONRY A INTINIUM OF FORTY (4LI TIMES THE DIAMETER OF THE REINFORCING BAR (2.-8 MIEANTLIII) AT ALL SPLICES, UNLESS NOTED OTHERWSE. SPOOLS OF' HORIZONTAL RERAN IN WALLS AND FOOTINGS SHALL BE STAGGERED. REINFORCING STEEL SHALL CONFORM TO ASTII A8I5, GRADE to AND MIA! I ER Am asni leis, GRADE BO. #5 AND L 20. DOWELS: DOWELS FOR WALLS SHALL BE SAME SIZE AND SPACING AS THE WALL REINFORCEMENT AND SHALL LAP WITH THE REINFORCING BAR AS NOTED ABOVE UNLESS NOTED OTHERWISE. 21. SECURE INSERTS: ANCHOR BOLTS, DOWELS, INVERTS, ETC., SHALL BE SECURELY TIED IN PLACE PRIOR 70 THE POURING OF ANY CONCRETE OR GROUT. All EXPOSED STEEL SHALL BE HOT DIPPED GALVANIZED. 22. WELDING: WELDING OF REINFORCING STEEL SHALL CONFORM TO AWS D12-1 USING PROPER LOW HYDROGEN ELECTRODES, 23. MINIMUM ROHL it COVERAGE: 'THE FOLLOWING TANTRUM CLEAR DISTANCES BETWEEN REINFORCING STEEL AND FACE OF CONCRETE SHALL BE MAINTAINED UNLESS NOTED OTHERWISE: SLABS ON EARTH CENTER OF SLAB CONCRETE BELOW GRADE. FORMED 2' CONCRETE BELOW GRADE, UNFORMED (POURED AGAINST EARTH) 3" MAXIMUM SLUMP Al ALL CONCRETE FLATWORK SHALL NOT LB.I.ED 4", MAXIMUM WATER -CEMENT RATIO FOR ALL CONCRETE FLATWORK SHALL NOT EXCEED .55 24. GROUTING: ALL MASONRY SHALL BE REINFORCED GROUTED SOLID MASONRY UNLESS NOTED OTHERWISE. GROUT SOLID ALL CELLS WHICH CONTAIN RERAN, BOLTS, ETC. GROUT SOLID ALL CELLS BELOW GRADE. ALL REINFORCEMENT. BOLTS. ETC, IN MASONRY SHALL HAVE A MENTMUM GROUT COVERAGE OF 3/4. 25. SPECIFICATIONS TESTING AS REQUIRED BY CITY ENGRIEE11 28. FIELD TESTING. CONTINUOUS INSPECTION SHALL BE PROVIDED BY A its! NG LABORATORY FOR ALL FIELD WELDING, CONCRETE WITH SPECIFIED COMPRESSIVE STRENGTH or 2.500 PSI OR GREATER. MASONRY SHALL HAVE CONTINUOUS INSPECTION WHERE NOTES ARE CALLED FOR IN DRAWINGS. 27. FOCMNGS: FOOTINGS SHALL BE Cr THE SIZE AND TYPE AS INDICATED ON THE CONSTRUCTION DETAIL DRAWINGS. 213. BACKFILL MASONRY CONTRACTOR STALL BE RESPONRIN FOR BACKFILUNG ALL WALLS TO GRADES PER PLAN, FINISH GRADING FOR RUNOFF SWALE BEHIND ALL MAUS, PERFORATED DRAIN LINES COMPUTE. WATERPROOFING ALL WALLS BELOW GRADE AND ALL EXCAVATION NECESSARY FOR THE EXECUTION OF MASONRY WORK. RELATIVELY NON - EXPANSIVE FILL SHALL BE USED IN BACKFILUNG BEHIND WALLS. ALL RETAINING WALLS SHALL BE ADEQUATELY SHORED DURING THE BACTOILL OPERATION. 29. FINISH: CONCRETE COLORS AND FINISHES SHALL BE PER CONSTRUCTION PLANS, COLORS AS SPECIFIED ON THE CONSTRUCTER PLAN SHALL BE OF TIE INTEGRAL TYPE UNLESS NOTED OTHERWISE. 30. 31, THICKNESS OF CONCRETE ALL CONCRETE FLATWORK SHALL BE A MINIMUM OF 4" DICK. NOSE ALL EDGES AS SHOWN ON THE DETAILS. SLOPE LIGHT WELL TO DRAIN: ALL CONCRETE ELATION SHALL SLOPE FOR POSITIVE DRAINAGE AT A MINIMUM OF 2% IN THE DIRECTION OF SITE DRAINAGE AS INDICATED ON THE CONSTRUCTION PLAN, 32. COLD JOINTS: CONCRETE CONSTRUCTED FROM 'THESE PLANS SHALL MEET ALL ENGINEER'S OR ARCHITECT'S MILKS, DRIVEWAYS. CONCRETE DECKS AND PADS. AND TOPS OF CURBS. ETC. FLUSH. 33. EXPANSION JOINTS: EXPANSION JOINT SPACING IN CONCRETE FLAT OCCURS AT ALL CHANGES IN OPECTION AND SHALL NOT LxvLED A MAXIMUM SPACING OF 15' ON CENTER. EXPANSION JOINT MATERIAL SHALL BE AS APPROVED BY THE MY REPRESENTATIVE. 34. 35. FINISH: STUCCO/PLASTER FINISHES SHALL BE PER CONSTRUCTION PLANS, COLORS AS SPECIFIED ON THE CONSTRUCTION PLAN SHALL BE OF THE INTEGRAL 171.1.. SAMPLES: PROVIDE THE COY REPRESENTATIVE WITH A 2' X 2' SAMPLE Cr sTucce/PLAsTEB FLASHES AS NOTED ON THESE PLANS. SAMPLES SHALL BE APPROVED BY TEE CITY REPRESENTATIVE ANO LANDSCAPE ARCHITECT AT THE SITE PRIOR TO FINAL APPLICATION. Goutiet IHXk3fl TLoup 1176106-Iii;;I4or;aiiiTII Eduntt &treat Cr./arrla 41307 mumadean $10.60213867 Fax L1.4 PLANT LEGEND SYMBOL PLANT NAME DTL QNT. SIZE SPACING REMARKS WASHINGTONIA FIUFERA CALIFORNIA FAN PALM A 4 15' B.T.H. MATCHED AS SHOWN MIN. TRUNK DIA. 30 0 ABOVE_ 4INISH GRAPE QPROSOPIS CHILENSIS CHILEAN MESQUITE B 3 " �pX MATCHED AS SHOWN LOW BRANCHING BACCHARIS CENTENNIAL HYBRID COYOTE BRUSH C 42 5 GAL 24" O.C. AGAVEEAMERICANAPLANTC CENTURY PLANT 8 15 GAL As SHOWN 0 zl z 0 Z Inn Y L2.0 1! 1=1i= alma • - • - 0 jr-11=-1t41741 0 RpmAu. CROWN SHALL BE 1 ABOVE FINISH GRADE AVOID PLANTING 9-TRUSS DIRECTLY IN FRONT OF IRRIGATION SPRAY HEADS PROVIDE CLEARANCE WHEN POSSIBLE ® 3' HIGH WATER RETENTION BASIN. FORM FROM PLANT PIT EXCAVATION. MAY BE RAKED OUT PRIOR TO OTHER "IOW AS DIRECTED BY LANDSCAPE ARCHITECT FINISH GRADE FERTILIZER TABLETS PER PLANTING NOTES PREPARED BACKFILL PER PLANTING NOTES 50% SITE SOIL 20% WASHEa4sLASIER SAND 20% PEAT "Axls" SOIL CONDONER 0 5" ZONE OF OVER - EXCAVATED AND RE - COMPACTED NATIVE SOIL CAL SHRUB AND VINE PLANTING SECTION NOT TO SCALE C) PROTECTIVE COLLAR 0 1 / DIA. GALV. CABLE LENGTH AS REQUIRED 0 6-1 /2" TURMUCKLE 0 1 /2' DIA. X 40' SCH. 40 PVC. WI-IfTE PIPE, WIRE IN PIA& 0 4' HIGH WATER PETERSON BASIN. FORM FROM PLANT PIT EXCAVATION. MAY BE RAKED OUT PRIOR TO OTHER WORK AS DIRECTED BY LANDSCAPE ARCHITECT 2- DIA. X 15 GA. GALV. IRON PIPE STAKES 2.-0. LENGTH. DRILL TWO 5 IRA. HOLES 3/ 4" FROST TOP TO SECURE WIRE 0 FINISH GRADE 0 FERTILIZER TABLETS PER Karmic NOTES ®TREE ROOTBALL: 5 A 15 GAL 1' ABOVE GRADE. 24" BOX A LARGER 3- ABOVE GRADE, TAPER ROOTBALL TO GRADE el PREPARED BACKFILL PER PLANTING NOTES 50% STTE SOIL 20% WASH%ASTER SAND 29% PEAT 10% 'AxN" SOIL COMMONER ZONE OF OVER- RATED AND RE- ACTED NATIVE SOIL E GET. TREE ROOTBALL AND AERATION int TRUNK GUARDS TREES IN TURF AREAS *TREES NOT WITHIN RIGHT-OF-WAY OSTANDARD & MULTI -TRUNK SPECIMEN TREE '8" iv'Y SECTION NOT TO SCALE LANDSCAPE PLANTING SPECIFICATIONS 1. GENERAL A. The Landscape Contractor shall furnish all labor, equipment, materials and services fcr the complete kueiWkai as described by the landscape planting and irrigation drawings and In these specilicalons. B. My deviation from the pin or apedications Is to have a prior written apporval by the City Repreeentalve. C. Al materiels end workmanship shall be of highest guilty. Work shell meat the receiremenia of all governing codes, ordinances, laws, e(c., relethig to the work. D. Una al work la completed and accepted by the City, the Landscape Car/tractor hell assume all risks end bear al losses Whig materlas and equipment E. During the course of the contract (including maintenance period), the Landscape Contrecbr shell provide and maintain pubic ilablity and property damage Insurance. The minimum snout of pubic liabilty Insurance shal be as leaked by the City of San Jacinto. The minimum armored of properly damage inarence shall also be as required by the City of San JadMo. F. The Landscape Ccreractor etwi repair work derneged by hen or make payment for each raper. Should the Landscape Contractx have his work damaged by anothe Contractor he Is In nuke arrangements meth the other Contractor for the Conte. repair or that Cordrecife payment for the mimic G. Quanttles pion for plant materials specified for 'On -canter (O.C.) apadng are sham for convenience only and we subordinate to the apedng given. contraIs to apply a suffident quantify of plants to fulfil the spacing requIrenente. 2. WEED CONTROL A The Landscape Contractor le to remove al weeds andir unwanted grasses (Indudng the roots) adding In the landscape areas. B. Al landscape areas are to receive the pre -emergent herbicide 'Suntan' per menufacirefe Inetructions. Applications of the herdcide shall be done by pommel licensed to hands agriculture! chemicals. 3. SOIL CONOMONING AND GRADING A. Rough Grading other than that noted on the landscape drawings Is by the General Contr. Finish grading is the nesponsiblity die Landscape Contractor. Finish grading MR consist of raking all areas In. smooth grade, rob -tiling the soil to a depth el& and removing al roam or dodo of 2' diameter or larger. Removal of minor amounts of construction wale la included. Finish grade is to be 2' beiow top of radioed arta end sidewalk,. B. Al landscape areas we to receive an even application of 6 cubic yards of wood bark (stabilzed with nitrogen and mineral), 30 pounds of 62120 fedi:ter, 10 parr* of soil weir for each 1,000 aquae feet. The above amendments are the be incorporated untomrly Into the 10p r of fa C. Al rock or unbroken soli dads over l' In diameter brought to the striae are to be removed from the ale D. Remove exiting Phase I nark mulch as necessary for pararg beds. 4. PLANTING A Ai plants ire to have a planting plt 2 times the diameter of the retrial and equal to Rs depth. The pint pit Is b be baddled (after posioning of Pint) with a mbriure as noted on the planting details. D. Waterig of plants is take piece irtmedislely after piing. E. Mulch all shrub end pinta areas with the specified rock top-dllesskiti• F. Planting labiate As Indicated by lie Meas. Plant tablets shell be 'Agrifomf planting teaks. They Mal be utilized according to container size. 1. Three (3) tablets par One (1) gallon container. 2. Five (5) tablets per Five (5) gallon container. 3. Ten (10) tablets per Fifteen (15) Gaon container. 4. Fourteen (14) Web per 36--24box containers. 5. Eighteen (18) tablets per 48' box centsintf- G. Supporting of trees la to be per Mali 0 ORGANIC TWINE BY NURSERY ® 0 FROND NODE BASE W/OBLONG CONFIGURATION. C) PALM TRUNK TO BE STRAIGHT AND 0 INSTALLED VERTrCAL(PLUMB). 0 SAND BACKFILL 0 FINISH GRADE ® ROOTBALL ® FINISHED GRADE O FERT1UZER TABLETS PER SPECIFICATIONS PLANT PM BACKFILL 100X WASHED PLASTER SAND. ® ROOTBALL DRAINUNE AND 0 AERATION RISER PER DOT. *H. IN THIS SHEET. N AU. BACKfiLL TO BE WATER Anti, DURING PLANTING FOR MAXIMUM STABILITY. ALM TREE PLANTING DETAIL SECTION NOT TO SCALE 5. CLEAN UP A At Me completion of al plating operations. the premises ere to be left neat and dean. Al surplus insterlate, nursery lags and vase are In be removed from the Ma. 6. MAINTENANCE A The Landscape Contractor le to maintain al landscape areas for a period of (180) =lender days from the dale of completion, erstablehed by the City or hi representative. al areas are to be kept well watered, free of weeds, unwanted grimes and trash &Am Mk period. B. An appicallon of farther (18.88) le to be nine et 30-day Intervals ding the maintenance period, and at the completion of the maharanee period. C. Maintenance Is to Inducts control and treatment of al plant diseases end plait peas encountered during tNe period. Applcalons of Maracas Is to be performed bye Licensed Chemical Applicator. D. The sprInider system Is to be chadcad for coverage at each watering. Methadon% such as city heeds, adjustment of heads, etc., are to be corrected on the spot. More serious defects are to be reported Irnmedafely In the Owner for correction by the Sprinkler Contractor, or corrected Immedlably by the Landscape Conirecbr If contract Included sprinter Inetalation. 7. GUARANTEE A. All pint material less than 24' km SED3 shall be guaranteed for a period of (4) months. Al 24' box :mild end lager (Including Palms) shell be guaranteed for a period of one year. C3usrardee period commences from is time of final impaction and acceptance by the City Rap. pints used for replecenant Mal be the Sine kind and aka as istdrialy planted. They are to be planted followho the original plans and speclications. End of Spedfications I. (") z 01 Z u) us 1— o 4 0 — a. I J z 16 5 CI, El. ad 1-L2.1 AUTOMATIC CONTROLLER "A" 33 STATION DEPENDENT EIXIODCYCWorkIP ELEC. CIRCUfT AND LOCA TO BE DETERMINED IN FIELD BY CITY REP. INSTALL POWER CONNECTION TO NOTED LOCATION ON PLAN MIRING PHASE I STA: Al VALVE: 1' G.P.M: 12 STA: A2 VALVE: 1' G.P.M: 6 STA: VALVE: 1" G.P.M: PLAN VIEW IRRIGATION LEGEND !NKr Kni2ER 1 PPM 143. • POINT OF COMMON TO T MEM. TONE PHOYEED BYTHE CM OF MN JAGINI9 BEM MOO:UM DEVICE riffil LOCKNO E3C1.011URE) Mire"""V" e'n".19' DEM. V 1.4.1 it PIRRIATION CONTROLIER • MU. MOUNT riesNie-r''' RUM. 'PP Lil ® IiiblOTS MITTEL VALVE* POI. PIM MIN [EMS" Lai • CUM COMER NW VI RC DETPJVP 44.1 PRI11161111 RYOULAIOR !MOO MO PPRINO WOE MEI PM OP VALVE IMMO COLFUN FRUMP. RRNIATGIN 11.-.14 TEMP. MINI MAC COWMEN row 1' WE VALVE MTH FF... MREADED NM W 101116 WM RVMAD NU IIAMIPIO t211 DETALIT IA1 • *MI MAO RPM= UT! &WPM 420 LIEEAL Tf Lit • "MEE ELMER CM FP= REER RAMORD 1404 DUAL 4' Lil — .... ... IMMURE OUPPLY LIE I' tal. 10 PIC LAM& ME &BCE Ka 40 PVC ...•41...2. STAllON LEGEND STA CONTROLLER & SUDAN WYE, YAM S IN INCHES FLOW N GALURES PER INURE NOTE: 1. Weir sevloo to this wee Is prepoeud. Whir no oinks oriole et Ns erns (dodo clarelnps) the city Seri Jackdo is weir lo be Inololecl *thin one your. 2. %Valor Ince sonioe all be oonuldeted red al thin contract A osier bud( shell OW to de woe per work mod drivers mintier' oll 250 pions oll weer. During he Intl month or smoberhrrent, weetrinp WA max Mica per week el to memo rotten. & Water truck ormloe to continuo ilvouph-out the .pod molrienence period. I L .0 14' Br a I 1. jaSAN JAC INTO same, eir. ovi iamb ow WIRRIATION DETAILS & SPECIFICATIONS CITY OF SAN JACINTO MONUMENT SIGN rrrwdr LIGHTING LEGEND Ilia MI - -- r IMF E-1 'Ir' iwr MIT - i .-n l,t WW1 mue ra *Nu ♦ sr R atm. =IN 1E-21 • a•TRx,`aTi"n°01 a+aJioRn. at WI .w t >AR wa. NM 1E-31 - NV INNOT TV. RICINS114 R.qT i VI R Rl6 we IE-41 Its. RR R>ac t to Y ma. NM NOTE: 1. FOR BULLET LIGHT, THE CONTRACTOR SHALL INSTALL IN CONCRETE PER MANUFACTURER RECOMMENDATIONS/DETAILS. 2. AU. FASTENERS AND ADJUSTMENT DEVICES TO BE VANDAL RESISTANT. 3. SIGNAGE UGHTS TO BE LOCATED IN LIGHTING WELL SCHEMATICUOIMNO NOTES 1. THE SCHEMATIC LIGHTING PLANS ARE FOR THE IDENTIFICATION AND LOCATION Of FIXTURES ONLY. 2. THE ELECTRICAL CONTRACTOR SHALL BE RESPONSIBLE FOR THE PROVISION AND INSTALLATION OF ALL ELECTRICAL EQUIPMENT AS NECESSARY TO INSURE A COMPLETE AGENCY APPROVED INSTALLATION IN CONFORMANCE WITH THE ELECTRICAL ENGINEERING DOCUMENTS. 3. THE ELECTRICAL CONTRACTOR SHALL BE RESPONSIBLE FOR ALL PERMITS AND ANY OR ALL SHOP DRAWINGS THAT MAY BE REQUIRED TO OBTAIN SAID PERMITS. THE CONTRACTOR SHALL APPLY FOR ALL PERMITS AND PAY FOR SAME. 4. THE ELECTRICAL CONTRACTOR SHALL VERIFY EXACT LOCATION (OBTAIN LOCATION APPROVAL) OF AU. LIGHTING FIXTURES WITH THE LANDSCAPE ARCHITECT AND CITY REP. PRIOR TO ELECTRICAL ROUGH —IN. 5. THE ELECTRICAL CONTRACTOR SHALL COORDINATE HIS WORK WITH OTHER TRADES AND INSTALL ALL NECESSARY SLEEVES. STUB —OUTS, ETC. AS REQUIRED. 6. ALL ELECTRICAL WORK SHALL COMPLY WITH THE LOCAL CODES AND BUILDING DEPARTMENT REQUIREMENTS. ALL MATERIALS SHALL BE NEW AND BEAR U.L LABELS. 7. REFER TO THE CONSTRUCTION PLANS FOR COMPLETE DESCRIPTION OF ALL RELATED CONSTRUCTION IMPROVEMENTS. 8. ALL LIGHT FIXTURES SHALL BE INSTALLED PER MFG. DETAILS AND WRITTEN SPECIFICATIONS. 9. THE CONTRACTOR SHALL VERIFY ALL CONDITIONS AND DIMENSIONS SHOWN ON THE PLANS AT THE SITE PRIOR TO COMMENCEMENT Of ANY WORK UNDER THIS CONTRACT. 10. THE CONTRACTOR SHALL CARRY ALL WORKMAN'S COMPENSATION. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE AS REQUIRED BY THE CITY OF SAN JACINTO. 11. THE CITY REP. SHALL DECIDE ALL QUESTIONS RELATING TO 'INTERPRETATION' OF THE DRAWINGS AND THE ACCEPTABLE FULFILLMENT OF THE CONTRACT. 12. THE CONTRACTOR SHALL AT ALL TIMES PROTECT HIS WORK FROM DAMAGE AND THEFT AND REPLACE ALL DAMAGED OR STOLEN PARTS AT HIS EXPENSE UNTIL THE WORK IS ACCEPTED IN WRITING BY THE CITY. 13. EXTREME CARE SHALL BE EXERCISED IN EXCAVATING AND WORKING NEAR EXISTING UTILITIES. CONTRACTOR SHALL VERIFY THE LOCATION AND CONDITION OF ALL UTILITIES AND BE RESPONSIBLE FOR DAMAGE TO ANY UTIUTIES. 14. WIRING SHALL BE ROUTED TO AVOID CONFLICT WITH STATIONARY ELEMENTS IN SUCH A MANNER AS TO CONFORM WITH THE VARIOUS DETAILS, AND TO UTILIZE IRRIGATION TRENCHES WHERE POSSIBLE. 15. ELECTRICAL CONTRACTOR SHALL SUBMIT TO OWNER AND LANDSCAPE DESIGNER, A SHOP DRAWING INDICATING HOOK—UP, CIRCUIT DATA, INSTALLATION DETAILS, AND SWITCH AND TIMING DEVICES FOR COMPLETE OPERATIN SYSTEM. Gau�Detlo, Grasp L4. TO: 4.4,X177.1; S NI 'JACINTO September 6, 2000 Honorable Vice Mayor Ayres Honorable Council Member Carlson Buydos Honorable Council Member Good FROM: City Manager SUBJECT: Advance Material for CFD No. 2 - Closed Session Meeting September 6, 2000 - 5:00 p.m. CONFIDENTIAL Enclosed is a draft M.O.U. prepared by the City Attorney for review and consideration at the September 6, 2000 - Closed Session. The M.O.U. outlines the rights and responsibilities of both the City of San Jacinto and the Elliot Group. Should the M.O.U. be satisfactory to the Council, staff would forward the M.O.U. to the Elliot Group for their consideration and execution. Following their execution, the M.O.U. would return to the Council in open session for approval. My hope would be to shoot for the September 21, 2000 meeting. Our ability to do this will be largely dependent on how quickly the Elliot Group can move. CITY MANAGER LAW OFFICES BEST BEST & KR TO: Honorable Members of the City Council and City Manager FROM: Kyle A Snow and Kim A. Byrens RE: Proposed Form of Memorandum of Understanding regarding Community Facilities District No 2. Introduction This memo is prepared in connection with the closed session meeting that will be held by the City Council's special committee for CFD No. 2. As you are aware, CFD No. 2 has been and continues to be in default. The Elliot Group is the owner of approximately 80% of the outstanding bonds and as such, has sought to reach an acceptable workout scenario with the City. Attached is a proposed form of Memorandum of Understanding (the "MOU") which attempts to resolve some of the outstanding issues with the Elliot group and satisfy the requirements of existing law and the goals of the City Council. Background CFD No. 2 was formed and issued bonds in 1989. The original principal amount was $28,000,000, of which approximately $20,000,000 remains outstanding. The bonds are secured by the payment of Special Taxes levied on the real property within the CFD. The Special Tax has two components, the "A" tax which is levied solely for the purpose of paying debt service on the bonds and the "B" tax which is levied to pay for police and fire services, but is also pledged to the repayment of the bonds in the event of delinquencies. It is our understanding that the bonds have been in default as a result of several large undeveloped properties having failed to pay the Special taxes. As a result those properties which have been developed have been taxed at the maximum rates for both the A tax and the B tax. It is our understanding that there has been litigation against the City by the Elliot group as a result of the City's failing to commence foreclosure proceedings in a timely manner and as a result of the City's failing to use the B tax to pay debt service on the bonds, when it was obligated to do so. As a result, there is a judgment against the City in the amount of $250,000 in favor of the bond owners. Additionally, the court awarded the Elliot Group attorney's fees in the amount of $50,000. RVPIJMICAB \578418 LAW OFFICES OF BEST BEST & KRIEGER Goals The MOU attempts to achieve the following goals for the City and the Elliot Group. The goals set out in the MOU are the following: Create a situation where the City of San Jacinto does not have bonds outstanding and held by the investing public which are in default. 2. Separate the homeowners from the undeveloped property. 3 Create an immediate savings for the homeowners and protect them from being taxed longer than the maturity date of the outstanding bonds 4. Place the undeveloped property in the hands of a group that has the wherewithal and the motivation to develop it. 5. Create an environment for controlled and acceptable development ofthe undeveloped property in the City. 6. Satisfy the judgment and all other legal claims against the City with respect to this CFD. Conclusion As will be explained in our meeting with you, the MOU attempts to address these concerns and goals. The consultants are seeking you direction in order to successfully negotiate a transaction that is satisfactory to the City and the residents within CFD No.2. Attachment: Memorandum of Understanding RVPUB \KAB \ 578418 2 KYLE A. SNOW KIM A. BYRENS MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING dated as of , is made and entered into by and between the CITY OF SAN JACINTO, a municipal corporation and political subdivision of the State of California (the "City") and [THE ELLIOT GROUP], a (the "Bond Owner"). RECITALS A. The City has formed its Community Facilities District No. 2 ("CFD No. 2") and, in connection therewith, has issued its 1989 Special Tax Bonds in the original principal amount of $28,000,000 (the "1989 Bonds"). B. The 1989 Bonds are secured by special taxes levied by the City on property within the boundaries of CFD No. 2 according to a rate and method of apportionment (the "Special Taxes"). C. The Special Taxes levied against those parcels listed in Exhibit D attached hereto and incorporated herein by this reference (the "Parcels") are delinquent. D. In connection with the delinquent Special Taxes levied against the Parcels, the City has initiated judicial foreclosure proceedings in the Superior Court of the County of Riverside entitled as follows: (1) Case No. (2) , Case No. ; (3) , Case No. ; and (4) , Case No. (collectively, the "Foreclosure Actions") and anticipates that it will obtain a Judgment in Judicial Foreclosure and Order of Sale for each of the Foreclosure Actions (collectively, the "Judgments"). E. Upon the receipt by the City of the Judgments, the Sheriff will conduct foreclosure sales pursuant to which the Parcels shall be offered for sale (the "Foreclosure Sales"). It is anticipated that the Foreclosure Sales will be conducted in the Riverside County Courthouse at , Riverside California 92502, on dates which will be determined pursuant to law and the Riverside County Sheriff's Department (collectively, the "Sale Dates"). F. Bond Owner owns $ of outstanding 1989 Bonds constituting % of the outstanding principal amount of the 1989 Bonds. G. The City and Bond Owner wish to enter into this Memorandum with respect to the Parcels to provide for (i) Bond Owner tendering cash sufficient to pay the costs of sale and the City's costs relating to the foreclosure actions relating to the Parcels; (ii) terms of transfer of the Parcels to Bond Owner upon Bond Owner waiving the minimum bid price for the Parcels; (iii) the terms and conditions for the refunding of the 1989 Bonds; (iv) the terms and conditions for the formation of a proposed community facilities district on the Parcels and the terms of bonds to be issued by the proposed community facilities district; and (v) [the terms of future development of the Parcels by Bond Owner]. RVPUBTAB\5 77719 H. The City has found and determined that the actions to be taken by the City and the Bond Owner will not materially adversely effect the interests of the owners of the 1989 Bonds which are not a party to this Memorandum. NOW THEREFORE, IN CONSIDERATION of the above recitals, the covenants and agreements made herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I DEFINED TERMS Section 1. Definitions. Unless the context otherwise requires or unless otherwise defined in the Recitals hereof, the Capitalized terms used in this Agreement shall have the meanings specified in this Section 1. All references herein to "Articles," Sections" and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Agreement and the words "herein," "hereof" "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or subdivision hereof "Additional Delinquencies" means the Special Taxes, if any, levied on the Parcels that are, or are anticipated to be, delinquent as of the Sale Date and which are not included in the Judgment. The Additional Delinquencies are set forth on Exhibit A attached hereto and incorporated herein. "Bond Law" means the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code. "Bonds" means the 1989 Bonds. "Business Day" means a day on which the City administrative offices are open for business. "Cash" means (i) currency of the United States of America, (ii) cashier's check(s) currently dated and payable to the City, drawn and paid through a California banking or savings and loan institution, or (ii) an amount credited by wire transfer into the Escrow. "City Costs" means the prorata share of the costs incurred by the City for the administrative expenses, attorneys' fees and litigation costs associated with the Foreclosure Actions and set forth in the Judgements and including any additional costs incurred, or anticipated to be incurred, by the City through the Sale Date and not included in the Judgments attributable to the Parcels. The City Costs shall be enumerated for each of the Foreclosure Actions to the Bond Owner in a certificate in the form set forth on Exhibit A attached hereto and incorporated herein. "Costs of Sale" means those costs that must be paid in cash by the City to the levying officer pursuant to the Bond Law and Code of Civil Procedure Section 701.590(b) in the event that City acquires the parcel by credit bid. The Costs of Sale shall be enumerated for each of the Foreclosure RVPUB \KAB \ 577719 2 Actions to the Bond Owner incorporated herein. n a certificate in the form set forth on Exhibit A attached hereto "Escrow" means an escrow account opened by Bond Owner w satisfactory to the City. th a bank or institution "Memorandum" means this Memorandum and all Exhibits attached hereto and incorporated herein. "Treasurer" means the Treasurer of the City. ARTICLE H FORECLOSURE ACTIONS Section 2.1 Opening of Escrow. For purposes of implementing this Memorandum, Bond Owner shall open an escrow account with a bank or institution acceptable to the Treasurer no later than seven (7) Business Days prior to each respective Sale Date. Bond Owner shall pay all costs of the Escrow, any title insurance premiums, all recording fees and any applicable transfer taxes. No interest will be paid on any amounts deposited into Escrow. Section 2.2 Payment to Treasurer; Deposits to Escrow by Bond Owner No later than seven (7) Business Days prior to any Sale Date, Bond Owner shall deposit into Escrow the following: (i) Cash in an amount equal to the sum of the Costs of Sale and the City Costs, (ii) Signed Escrow instructions substantially in the foim attached hereto as Exhibit B and incorporated herein, and (iii) a Certificate of Bond Owner stating that he is holder of % of the outstanding principal amount of Bonds, and that as such, the amount of Special Taxes owing against such parcel are hereby waived and that the City has no further liability to make any payment with respect to the payment of Special Taxes on the Parcels acquired in the Foreclosure Action on the Sale Date . Section 2.3. Deposit of Quitclaim Deed by City; Escrow Instructions. A. No later than seven (7) Business Days prior to any Sale date, City shall deposit a quitclaim deed of the respective Parcel in favor of Bond Owner. B. If a third party purchases any Parcel at the Foreclosure Sale by a cash or credit bid, then this Memorandum may be terminated. RVPUBICAB \ .577719 3 C. If a third party opens an Escrow with respect to the Parcel and makes deposits thereto in compliance with the Procedure no later than the close of business on the seventh day prior to the Sale Date and deposits 1989 Bonds and Cash ( if any), and such third party instructs the Treasurer to apply such 1989 Bonds and Cash in satisfaction of the Judgment, then this Memorandum may be terminated at the City's option. D. If the Foreclosure Sale is stayed by operation of law for more than 30 days, then this Memorandum may be terminated. E. Upon the occurrence of one of the events described in Sections 2.3(3), 2.3(C) or 2.3(D) hereof, then the Bond Owner may determine that there is insufficient property constituting the Parcels remaining to acquire and prohibiting Bond Owner from consummating the remaining provisions of this Memorandum. Bond Owner may give notice to the City that this Memorandum is terminated. F. If this Memorandum is terminated for the reasons stated in Sections 2.3(B), 2.3(C) or 2.3(D) the Cash deposited into Escrow pursuant to Section 2.2 shall be returned to Bond Owner and the quitclaim deed deposited into Escrow pursuant to Section 2.2 shall be returned to the City; provided however, that any costs incurred from the opening of the Escrow shall be paid from the Cash deposited therein. Section 2.4 City Credit Bid. Provided that Bond Owner has made the deposits into Escrow required by Section 2.2 and provided further that this Memorandum has not been terminated, a representative of the City shall attend each Foreclosure Sale on each respective Sale Date and shall give the levying officer a written receipt crediting the minimum bid as stated in the Judgment, and shall pay to the levying officer the Costs of Sale in Cash. Section 2.5 Distribution of Cash; Closing of Escrow. A. Provided that the City has purchased the Parcels by credit bid on behalf of Bond Owner pursuant to Section 6 hereof, the parties agree that the following transfers shall be made: (i) the Cash deposited into Escrow by Bond Owner will be delivered from Escrow to the Treasurer; (ii) the quit claim deed will be delivered from Escrow to Bond Owner; (iii) A copy of the deed of sale that is executed by the levying officer with respect to the Parcel and delivered to the City pursuant to Code of Civil Procedure Section 701.660 will be delivered to Bond Owner when available. B. The City will apply the Cash deposited into Escrow pursuant to Section 2.2(B)(i) in payment of the Costs of Sale and the City Costs. Any Cash remaining in excess of the actual Costs of Sale and City Costs shall be returned to Bond Owner. In the event the Cash deposited into Escrow pursuant to Section 2.2(B)(i) is insufficient to pay the City Costs and the Costs of Sale in full, Bond Owner shall immediately pay, in Cash, the shortfall to the Treasurer. RVPUB \KAB \ 577719 4 C. The City shall deliver to Bond Owner a satisfaction of judg ent, in recordable form, with respect to the Judgment. ARTICLE III 1989 BONDS RESTRUCTURING Section 3.1 Bond Restructuring. In consideration for the actions to be undertaken pursuant to this Memorandum, the City hereby agrees that it will use its best efforts to refinance the 1989 Bonds by refunding bonds of CFD No. 2 (the "Refunding Bonds"). The terms of the refinancing are generally agreed to by Bond Owner and City as follows: (a) The Refunding Bonds will be concurrently issued in two series, senior lien refunding bonds (the "Senior Bonds") and junior lien refunding bonds (the "Subordinate Bonds"). The Senior Bonds will be offered to the investing public. (b) Proceeds of the Senior Bonds will be used for the following purposes, (i) to currently refund and redeem all 1989 Bonds which are not currently owned by Bond Owner, (ii) to fund a reserve fund, (iii) to pay the costs of issuance with respect to the Refunding Bonds, including legal fees expended by Bond Owner for litigation against the City with respect to the Special Taxes in an amount not to exceed [$230,000], (iv) to redeem a portion of the 1989 Bonds owned by Bond Owner, and (v) to pay the judgment against the City in favor of the owners of the 1989 Bonds in the amount of [$ 1. (c) The Subordinate Bonds will be issued concurrently with the Senior Bonds in a principal amount not exceeding the remaining principal amount of the 1989 Bonds not redeemed by the Senior Bonds. The Subordinate Bonds will be delivered to Bond Owner in exchange for all 1989 Bonds owned by Bond Owner which have not otherwise have been redeemed or prepaid. (d) The terms of the Refunding Bonds shall comply with the provisions of Sections 53362.5 and 53363.2(e) of the California Government Code. Additionally, residential property within CFD No. 2 shall receive an annual serving of special taxes of not less than 5% commencing in the first year of debt service on the Refunding Bonds. (e) The Bond Owner recognizes that its interest in the Parcels represents of ownership of real property within CFD No. 2. To the extent necessary, Bond Owner will cooperate with City in any continuing disclosure obligation. RVPUB\KAB\577719 5 Section 3.2 Formation of New CFD; Issuance of CFD Bonds. (a) All parcels acquired by Bond Owner under this Memorandum and any subsequent agreement shall be the subject matter of a new community facilities district ("CFD No. ") . The City will use its best efforts to form CFD No. over the acquired Parcels. Bond Owner will deposit the amount of $ , which amount will be sufficient to pay for the costs of formation of CFD No. and the issuance of bonds thereof Upon the successful completion of the formation of the CFD No. , City will use its best efforts to issue bonds of CFD No. (the "CFD Bonds") in an amount not exceeding the principal amount of Subordinate Bonds outstanding. Bond Owner and City will exchange Subordinate Bonds for CFD Bonds. Upon the issuance of the CFD Bonds, any funds which have been deposited by Bond Owner for the formation of CFD No. and the issuance of the CFD Bonds and which have not been so expended, shall be returned to Bond Owner. (b) CFD Bonds will be secured solely by the Special Taxes to be levied within the new CFD at the rates set forth in Exhibit E attached hereto and by this reference incorporated herein, and will have no claim or right to pay from special taxes levied by CFD No. 2. Concurrently with the issuance of CFD Bonds, the City will record a notice of cessation of special tax lien with respect to CFD No. 2 Special Taxes, but solely on the acquired Parcels. (c) The CFD Bonds will not be transferable until there has been established a cash funded reserve fund and the value of the real property exceeds the outstanding principal amount of CFD Bonds by 3 to 1. ARTICLE IV DEVELOPMENT OF PARCELS Section 4.1 Development of Parcels. Upon the successful formation of CFD No. and the issuance of the CFD Bonds, Bond owner will proceed to develop the parcels for residential and commercial development. City hereby agrees to use its best efforts to assist Bond Owner with the development pursuant to the policies and practices of the City with respect to residential and commercial development. Additionally, City will undertake to assist Bond Owner with rezoning parcels as residential. Bond Owner will be responsible for the payment of all connection fees and development fees charged by City for each residential or commercial equivalent dwelling unit, according to the rates charged by City at the time of such development. Moneys currently on deposit in the Improvement Fund of the 1989 Bonds shall be transferred to an Improvement Fund for the Senior Bonds. Moneys in the Improvement Fund shall be used for the purposes of repairing a replacing plants and irrigation systems on City owned landscape within and surrounding CFD No.2. RVPUBICAB \5777I9 6 ARTICLE V MISCELLANEOUS Section 5.1 Hold Harmless. Bond Owner, on behalf of itself and its officers, employees, shareholders, members, agents, representatives, parents, subsidiaries, affiliates, successors, executors, administrators, and assigns, (collectively, the "Releasing Parties") hereby fully and irrevocably releases, waives, acquits and discharges the City and its elective or appointive boards, council members, officers, employees, agents, representatives, successors, executors, administrators, and assigns, jointly and severally (collectively, the "Released Parties"), of and from any and all claims, rights, grievances, demands and causes of action of every kind whatsoever for damages, loss, or injury of every kind, nature or description whether known or unknown, existing or potential, anticipated or unanticipated, or which may hereafter be sustained, which the Releasing Parties (or any one of them alone) as or asserts, or may hereafter have or assert, including, without limitation, any liabilities, losses, demands, claims, and causes of action, by reason of any liability, matter, cause, fact, thing or act or omission based upon, arising out of, related to, or having any connection with this Memorandum. To this end, the Releasing Parties, jointly and severally, expressly waive and relinquish all rights and benefits under California Civil Code Section 1542, which states as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Section 5.2 Indemnification. The Releasing Parties further agree, jointly and severally, to indemnify, protect, defend with counsel acceptable to the Released Parties, and hold harmless the Released Parties, from any and all claims, demands, damages, debt, liabilities, obligations, costs, expenses, causes of action, or damages of any nature, including attorneys' fees, by reason of any liability, matter, cause, fact, thing or act or omission based upon, arising out of, related to, or having any connection with this Memorandum. Section 5.3 Cooperation; Additional. Bond Owner and City acknowledge that it may be necessary to execute documents other than those specifically referred to herein in order to complete the transactions contemplated by this Memorandum. Therefore, each party hereto hereby agrees to cooperate with each other by executing such other documents or taking such other action as may be reasonably necessary to complete the transactions contemplated by this Memorandum in accordance with the intent of the parties as evidenced in this Memorandum. Section 5.4 Amendment. This Memorandum may be amended only by a written instrument executed by the parties hereto or their successors in interest. Section 5.5 Waiver. All waivers of this Memorandum must be in writing and signed by the appropriate authorities of the parties hereto. RVPUB \KAB \ 577719 7 Section 5.6 Severability If any provision of this Memorandum shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining portions hereof shall not, in any way, be affected or impaired thereby. Section 5.'7 Integration. This Memorandum constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and all prior and contemporaneous agreements, representations, negotiations and understandings of the parties hereto, oral or written, are hereby superseded and merged herein. Section 5.8 Notices, Demands and Communication. Formal notices, demands and communications between Bond Owner and City hereunder shall be sufficiently given if personally served, delivered by Federal Express or other nationally recognized overnight delivery service or mailed by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of Bond Owner or City, as set forth below. Such written notices, demands and communications may be sent in the same manner to such other address as a party may from time to time designate for such party by notice given as provided in this Section. Such notices, etc., shall be deemed received upon delivery if personally served, three (3) business days after sending by registered or certified mail, return receipt requested or one (1) business day after sending by Federal Express or other nationally recognized overnight delivery service. If to City: City of San Jacinto [address] With a copy to: If to Bond Owner: With a copy to: Kim A. Byrens, Esq. Best Best & Krieger LLP 3750 University Avenue 400 Mission Square Riverside, CA 92501 Section 5.9 Interpretation. The rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this RVPUB KAB \ 577719 8 or The Section rf��`..'` Memorandum-__-___ `.` ` ` .` ` '`^ convenience only, and shall not be construed to limit or extend the meaning of this Memorandum. Section 5.10 Counterparts. This Memorandum may be executed in counterparts, each of which shall be deemed an original. IN WITNESS WBEREOF, the parties hereto have executed this Memorandum as of the date and year first above written. . . . C.' Clerk THE CITY OF SAN JACINTO By: u`ao13m-A.B\57719 9 Reference: Escrow Officer: Your Escrow No. (APN All capitalized terms used herein shall have the meanings ascribed thereto in the attached Memorandum (the "Memorandum") dated as of , by and between the City of San Jacinto, a municipal corporation and political subdivision of the State of California (the "City") and a ("Bond Owner"). Pursuant to the Memorandum, under separate cover, you will be receiving following from Bond Owner: (i) Cash in the amount of $ In addition, subject to termination of the Agreement and cancellation of this Escrow, under separate cover, you will be receiving the following from the City: (i) A quitclaim deed of the City for County of Riverside Assessor's Parcel No. Upon notification, in writing, by the Treasurer that the Agreement is terminated pursuant to Section 5 of the Agreement, you are authorized and instructed to promptly return the Cash deposited into Escrow buy Bond Owner to Bond Owner and to promptly return the quitclaim deed deposited into Escrow by the City to the City. Upon notification, in writing, by the Treasurer that the City has purchased APN on behalf of the Bond Owner, you are authorized and instructed to deliver the Cash deposited by Bond Owner into Escrow to the City and to deliver the quitclaim deed to Bond Owner. Bond Owner shall be responsible for paying all costs of the escrow, any title insurance premiums, all recording fees and any applicable transfer taxes. Please acknowledge your acceptance and agreement to comply with these instructions by signing the enclosed copy of this letter and returning a copy to me by facsimile and return the hard RVPUB \KAB \577719 A-1 copy original to me by U.S. Mail. Notwithstanding the foregoing, your taking of any of the actions described in these instructions shall constitute evidence of your agreement to comply with all of the instructions contained in this letter. Thank you for your cooperation and assistance in this transaction. CITY OF SA NI JACINTO By: Title: BOND OWNER By: Title: ACCEPTED AND AGREED to this day of By: Title: "Escrow Holder" RVPUB \KAB \ 577719 A-2 insert date City Treasurer City of San Jacinto [Address] Dear City Treasurer: All capitalized ten is used herein shall have the meanings ascribed thereto in the Memorandum (the "Memorandum") dated as of , by and between the City of San Jacinto, a municipal corporation and political subdivision of the State of California (the "City") and a ("Bond Owner"). Pursuant to Section 2.2 of the Memorandum, Bond Owner has deposited into Escrow the fol owing: A. Cash in the amount of $ The Treasurer is hereby directed to apply $ of the Cash in satisfaction of the Judgment. The Bond Owner of more than 75% of the principal amount of 1989 Bonds outstanding has waived the payment by the City of the judgment amount to the Bond Fund. The City has made a finding that the Bond Owners waiver of such amounts will not materially adversely effect the rights of the 1989 Bond owners not a party to the Memorandum. By: Title: ACCEPTED AND AGREED to this day of City Treasurer City of San Jacinto RVPUB \KAB\ 577719 B-1 Recording Requested by and when recorded return to: QUITCLAIM DEED The undersigned grantor(s) declare(s): Documentary transfer tax is $0.00. This conveyance is made without consideration. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned, hereby quitclaims, releases and remises to all of the undersigned's right, title and interest in and to the following described real property: IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the day and year first above written. Dated: RVPUB\KAB\577719 C-1 ALL-PURPOSE ACKNO State of California County of On , before me, personally appeared [] personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument Witness my hand and official seal. Notary CAPACITY CLAIMED BY SIGNER H NDIVIDUAL(S) [ OFFICER(S) (TITLE[S]): [] PARTNER(S) [] ATTORNEY -IN -FACT [] TRUSTEE(S) [] CHAIRPERSON/MAYOR [] OTHER SIGNER IS REPRESENTING: RVPUB \KAB \ 577719 C-2 RVPUB\KAB\577719 D-1 PROPOSED RATE & METIIOD OF APPORTIONMENT OF SPECIAL TAXES RVPUB \KAB \577719 E- 1 NOTICE AND CALL OF SPECIAL MEETING OF THE SAN JACINTO CITY COUNCIL TO THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF SAN JAC AND TO THE CITY CLERK. NOTICE IS HEREBY GIVEN that a special meeting of the City Council of the City of San Jacinto is hereby called to be held on Wednesday, September 6, 2000, commencing at 5:00 p.m. at San Jacinto Unified School District Board Room located at 2045 S. San Jacinto Avenue, San Jacinto, California. Said special meeting shall be for the following purposes: 1.1 Public Comment 1.2 Closed Session Items 1.2.1 Conference with Legal Counsel — Existing Litigation (Cal. Gov. Code Section 54956(a)): City of San Jacinto v. Chrnelnicki et al., Case No. RIC 303831 1.2.2 Conference with Legal Counsel — Existing Litigation (Cal. Gov. Code Section 54956(a)): City of San Jacinto v. California State Board of Equalization. Case No. 3343114 1.2.3 Conference with Legal Counsel — Existing Litigation (Cal. Gov. Code Section 54956(a)): Elliott Assoc. L.P. v. City of San Jacinto. Case No. RIC 309354 1.2.4 Conference with Legal Counsel — Existing Litigation (Cal. Gov. Code Section 54956(a)): City of San Jacinto v. P.R. Equities, et al., Case Nos. RIC 341872 & 311796. 1.2.5 Conference with Legal Counsel — Existing Litigation (Cal. Gov. Code Section 54956(a)): City of San Jacinto v. Radaker. Case No. 304649. 1.2.6. Conference with Legal Counsel — Existing Litigation (Cal. Gov. Code Section 54956(a)): City of San Jacinto v. South Shores Pet Clinic. Case No. RIC 338493. 1.2.7 Conference with Legal Counsel — Pending Litigation (Cal. Gov. Code Section 54956(b)): Two (2) Potential Cases. August 30, 2000 ayor of the City of San Jacinto Grace Alvarez, City Clerk of the City of San Jacinto, do hereby certify that I caused to be posted the foregoing agenda this 30th day of August 2000, as required by law. NOTICE AND CALL OF SPECIAL MEETING OF THE SAN JACINTO CITY COUNCIL TO THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF SAN JAC AND TO THE CITY CLERK. NOTICE IS HEREBY GIVEN that a special meeting of the City Council of the City of San Jacinto is hereby called to be held on Wednesday, September 6, 2000, commencing at 5:00 p.m. at San Jacinto Unified School District Board Room located at 2045 S. San Jacinto Avenue, San Jacinto, California. Said special meeting shall be for the following purposes: 1.1 Public Comment 1.2 Closed Session Items 1.2.1 Conference with Legal Counsel — Existing Litigation (Cal. Gov. Code Section 54956(a)): City of San Jacinto v. Chmelnicki et al., Case No. RIC 303831 1.2.2 Conference with Legal Counsel — Existing Litigation (Cal. Gov. Code Section 54956(a)): City of San Jacinto v. California State Board of Equalization. Case No. 3343114 1.2.3 Conference with Legal Counsel — Existing Litigation (Cal. Gov. Code Section 54956(a)): Elliott Assoc. L.P. v. City of San Jacinto. Case No. RIC 309354 1.2.4 Conference with Legal Counsel — Existing Litigation (Cal. Gov. Code Section 54956(a)): City of San Jacinto v. P.R. Equities, et al., Case Nos. RIC 341872 & 311796. 1.2.5 Conference with Legal Counsel — Existing Litigation (Cal. Gov. Code Section 54956(a)): City of San Jacinto v. Radaker. Case No. 304649. 1.2.6. Conference with Legal Counsel — Existing Litigation (Cal. Gov. Code Section 54956(a)): City of San Jacinto v. South Shores Pet Clinic. Case No. RIC 338493. 1.2.7 Conference with Legal Counsel — Pending Litigation (Cal. Gov. Code Section 54956(b)): Two (2) Potential Cases. August 30, 2000 Mayor of the City of San Jacinto I, Grace Alvarez, City Clerk of the City of San Jacinto, do hereby certify that I caused to be posted the foregoing agenda this 30th day of August 2000, as required by law. LAW OFFICES OF BEST BEST & KRIEGER LLP MEMORANDUM August 29, 2000 TO: Honorable Members of the City Council and City Manager FROM: Kyle A. Snow and Kim A. Byrens RE: Proposed Form of Memorandum of Understanding with The Elliot Group regarding Community Facilities District No 2. Introduction This memo is prepared in connection with the closed session meeting that will be held by the City Council's special committee for CFD No. 2. As you are aware, CFD No. 2 has been and continues to be in default. The Elliot Group is the owner of approximately 80% of the outstanding bonds and as such, has sought to reach an acceptable workout scenario with the City. Attached is a proposed form of Memorandum of Understanding (the "MOU") which attempts to resolve some of the outstanding issues with the Elliot group and satisfy the requirements of existing law and the goals of the City Council. Background CFD No. 2 was formed and issued bonds in 1989. The original principal amount was $28,000,000, of which approximately $20,000,000 remains outstanding. The bonds are secured by the payment of Special Taxes levied on the real property within the CFD. The -Special Tax has two components, the "A" tax which is levied solely for the purpose of paying debt service on the bonds and the "B" tax which is levied to pay for police and fire services, but is also pledged to the repayment of the bonds in the event of delinquencies. It is our understanding that the bonds have been in default as a result of several large undeveloped properties having failed to pay the Special taxes. As a result those properties which have been developed have been taxed at the maximum rates for both the A tax and the B tax. It is our understanding that there has been litigation against the City by the Elliot group as a result of the City's failing to commence foreclosure proceedings in a timely manner and as a result of the City's failing to use the B tax to pay debt service on the bonds, when it was obligated to do so. As a result, there is a judgment against the City in the amount of $250,000 in favor of the bond owners. Additionally, the court awarded the Elliot Group attorney's fees in the amount of $50,000. RVPUB\KAB\578418 LAW OFFICES OF BEST BEST & KRIEGER L Goals The MOU attempts to achieve the following goals for goals set out in the MOU are the following: he City and the Elliot Group. The Create a situation where the City of San Jacinto does not have bonds outstanding and held by the investing public which are in default. Separate the homeowners from the undeveloped property. Create an immediate savings for the homeowners and protect them from being taxed longer than the maturity date of the outstanding bonds. Place the undeveloped property in the hands of a group that has the wherewithal and the motivation to develop it. Create an environment for controlled and acceptable development of the undeveloped property in the City. 6. Satisfy the judgment and all other legal claims against the City with respect to this CFD. Conclusion As will be explained in our meeting with you, the MOU attempts to address these concerns and goals. The consultants are seeking you direction in order to successfully negotiate a transaction that is satisfactory to the City and the residents within CFD No.2. Attachment: Memorandum of Understanding RVPUBTAB \578418 2 KYLE A. SNOW KIM A. BYRENS MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING dated as of , is made and entered into by and between the CITY OF SAN JACD•TTO, a municipal corporation and political subdivision of the State of California (the "City") and [THE ELLIOT GROUP], a (the "Bond Owner"). RECITALS A. The City has formed its Community Facilities District No. 2 ("CFD No. 2") and, in connection therewith, has issued its 1989 Special Tax Bonds in the original principal amount of $28,000,000 (the "1989 Bonds"). B. The 1989 Bonds are secured by special taxes levied by the City on property within the boundaries of CFD No. 2 according to a rate and method of apportionment (the "Special Taxes"). C. The Special Taxes levied against those parcels listed in Exhibit D attached hereto and incorporated herein by this reference (the "Parcels") are delinquent. D. In connection with the delinquent Special Taxes levied against the Parcels, the City has initiated judicial foreclosure proceedings in the Superior Court of the County of Riverside entitled as follows: (1) , Case No. ; (2) , CaseNo. ; (3) , Case No. ; and (4) , Case No. (collectively, the "Foreclosure Actions") and anticipates that it will obtain a Judgment in Judicial Foreclosure and Order of Sale for each of the Foreclosure Actions (collectively, the "Judgments"). E. Upon the receipt by the City of the Judgments, the Sheriff will conduct foreclosure sales pursuant to which the Parcels shall be offered for sale (the "Foreclosure Sales"). It is anticipated that the Foreclosure Sales will be conducted in the Riverside County Courthouse at , Riverside California 92502, on dates which will be determined pursuant to law and the Riverside County Sheriff's Department (collectively, the "Sale Dates"). F. Bond Owner owns $ of outstanding 1989 Bonds constituting % of the outstanding principal amount of the 1989 Bonds. G. The City and Bond Owner wish to enter into this Memorandum with respect to the Parcels to provide for (i) Bond Owner tendering cash sufficient to pay the costs of sale and the City's costs relating to the foreclosure actions relating to the Parcels; (ii) terms of transfer of the Parcels to Bond Owner upon Bond Owner waiving the minimum bid price for the Parcels; (iii) the terms and conditions for the refunding of the 1989 Bonds; (iv) the terms and conditions for the formation of a proposed community facilities district on the Parcels and the terms of bonds to be issued by the proposed community facilities district; and (v) [the terms of future development of the Parcels by Bond Owner]. RVPUB\KAB\577719 H. The City has found and determined that the actions to be taken by the City and the Bond Owner will not materially adversely effect the interests of the owners of the 1989 Bonds which are not a party to this Memorandum. NOW THEREFORE, IN CONSIDERATION of the above recitals, the covenants and agreements made herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE DEFINED TERMS Section 1. Definitions. Unless the context otherwise requires or unless otherwise defined in the Recitals hereof, the Capitalized terms used in this Agreement shall have the meanings specified in this Section 1. All references herein to "Articles," Sections" and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Agreement and the words "herein," "hereof," "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or subdivision hereof. "Additional Delinquencies" means the Special Taxes, if any, levied on the Parcels that are, or are anticipated to be, delinquent as of the Sale Date and which are not included in the Judgment. The Additional Delinquencies are set forth on Exhibit A attached hereto and incorporated herein. "Bond Law" means the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code. "Bonds" means the 1989 Bonds. "Business Day" means a day on which the City administrative offices are open for business. "Cash" means (i) currency of the United States of America, (ii) cashier's check(s) currently dated and payable to the City, drawn and paid through a California banking or savings and loan institution, or (ii) an amount credited by wire transfer into the Escrow. "City Costs" means the prorata share of the costs incurred by the City for the administrative expenses, attorneys' fees and litigation costs associated with the Foreclosure Actions and set forth in the Judgements and including any additional costs incurred, or anticipated to be incurred, by the City through the Sale Date and not included in the Judgments attributable to the Parcels. The City Costs shall be enumerated for each of the Foreclosure Actions to the Bond Owner in a certificate in the form set forth on Exhibit A attached hereto and incorporated herein. "Costs of Sale" means those costs that must be paid in cash by the City to the levying officer pursuant to the Bond Law and Code of Civil Procedure Section 701.590(b) in the event that City acquires the parcel by credit bid. The Costs of Sale shall be enumerated for each of the Foreclosure RVPUB\KAB\577719 2 Actions to the Bond Owner in a certificate in the form set forth on Exhib incorporated herein. "Escrow" means an escrow account opened by Bond Owner with a bank o satisfactory to the City. A attached hereto and institution "Memorandum" means this Memorandum and all Exhibits attached hereto and incorporated herein. "Treasurer" means the Treasurer of the City. ARTICLE II FORECLOSURE ACTIONS Section 2.1 Opening of Escrow. For purposes of implementing this Memorandum, Bond Owner shall open an escrow account with a bank or institution acceptable to the Treasurer no later than seven (7) Business Days prior to each respective Sale Date. Bond Owner shall pay all costs of the Escrow, any title insurance premiums, all recording fees and any applicable transfer taxes. No interest will be paid on any amounts deposited into Escrow. Section 2.2 Payment to Treasurer; Deposits to Escrow by Bond Owner No later than seven (7) Business Days prior to any Sale Date, Bond Owner shall deposit into Escrow the following: (i) Cash in an amount equal to the sum of the Costs of Sale and the City Costs, (ii) Signed Escrow instructions substantially in the form attached hereto as Exhibit B and incorporated herein, and (iii) a Certificate of Bond Owner stating that he is holder of % of the outstanding principal amount of Bonds, and that as such, the amount of Special Taxes owing against such parcel are hereby waived and that the City has no further liability to make any payment with respect to the payment of Special Taxes on the Parcels acquired in the Foreclosure Action on the Sale Date . Section 2.3. Deposit of Quitclaim Deed by City; Escrow Instructions. A. No later than seven (7) Business Days prior to any Sale date, City shall deposit a quitclaim deed of the respective Parcel in favor of Bond Owner. B. If a third party purchases any Parcel at the Foreclosure Sale by a cash or credit bid, then this Memorandum may be terminated. RVPUB\KAII\577719 C. If a third party opens an Escrow with respect to the Parcel and makes deposits thereto in comphance with the Procedure no later than the close of business on the seventh day prior to the Sale Date and deposits 1989 Bonds and Cash ( if any), and such third party instructs the Treasurer to apply such 1989 Bonds and Cash in satisfaction of the Judgment, then this Memorandum may be terminated at the City's option. D. If the Foreclosure Sale is stayed by operation of law for more than 30 days, then this Memorandum may be terminated. E. Upon the occurrence of one of the events described in Sections 2.3(B), 2.3(C) or 2.3(D) hereof, then the Bond Owner may determine that there is insufficient property constituting the Parcels remaining to acquire and prohibiting Bond Owner from consummating the remaining provisions of this Memorandum. Bond Owner may give notice to the City that this Memorandum is terminated. F. If this Memorandum is terminated for the reasons stated in Sections 2.3(B), 2.3(C) or 2.3(D) the Cash deposited into Escrow pursuant to Section 2.2 shall be returned to Bond Owner and the quitclaim deed deposited into Escrow pursuant to Section 2.2 shall be returned to the City; provided however, that any costs incurred from the opening of the Escrow shall be paid from the Cash deposited therein. Section 2.4 City Credit Bid. Provided that Bond Owner has made the deposits into Escrow required by Section 2.2 and provided further that this Memorandum has not been terminated, a representative of the City shall attend each Foreclosure Sale on each respective Sale Date and shall give the levying officer a written receipt crediting the minimum bid as stated in the Judgment, and shall pay to the levying officer the Costs of Sale in Cash. Section 2.5 Distribution of Cash; Closing of Escrow. A. Provided that the City has purchased the Parcels by credit bid on behalf of Bond Owner pursuant to Section 6 hereof, the parties agree that the following transfers shall be made: (i) the Cash deposited into Escrow by Bond Owner will be delivered from Escrow to the Treasurer; (ii) the quit claim deed will be delivered from Escrow to Bond Owner; (iii) A copy of the deed of sale that is executed by the levying officer with respect to the Parcel and delivered to the City pursuant to Code of Civil Procedure Section 701.660 will be delivered to Bond Owner when available. B. The City will apply the Cash deposited into Escrow pursuant to Section 2.2(B)(i) in payment of the Costs of Sale and the City Costs. Any Cash remaining in excess of the actual Costs of Sale and City Costs shall be returned to Bond Owner. In the event the Cash deposited into Escrow pursuant to Section 2.2(B)(i) is insufficient to pay the City Costs and the Costs of Sale in full, Bond Owner shall immediately pay, in Cash, the shortfall to the Treasurer. RVPUMKAB\577719 4 C. respect The City shall deliver to Bond Owner a satisfaction of judgment, in recordable form, with' to the Judgment. ARTICLE t t 1989 BONDS RESTRUCTURING 3.'1 tructuring. Inconsideration for the actions to be undertaken pursuant to this Memorandum, the City hereby agrees that it will use its best efforts to refinance the 1989 Bonds by refunding bonds of CFD No. 2 (the "Refunding Bonds"). The terms of the re generally agreed to by Bond Owner and City as follow Section Bond Res s: nancing are (a) The Refunding Bonds will be concurrently issued in'two series, senior lien refunding bonds (the "Senior Bonds") and junior lien refunding bonds (the "Subordinate Bonds"). The Senior Bonds will be offered to the investing public. (b) Proceeds of the Senior Bonds will be used for the following purposes, nd and redeem (i) to currently refu owned by Bond Owner, (ii) to fund a reserve fund, (iii) to pay the costs of issuance with respect to the Refunding Bonds, including legal fees expended by Bond Owner for litigation against the City with respect to the Special Taxes in an amount not to exceed [$230,000], (iv) to redeem a portion of the 1989 Bonds owned by Bond Owner, and (v) to pay the judgment against the City in favor of the owners of the 1989 Bonds in the amount of {$ 1. 1989 Bonds w ch are not cu entry (c) The Subordinate Bonds will be issued concurrently with the Senior Bonds in a principal amount not exceeding the remaining principal amount of the 1989 Bonds not redeemed by the Senior Bonds. The Subordinate Bonds will be delivered to Bond Owner in exchange for all 1989 Bonds owned by Bond Owner which have not otherwise have been redeemed or prepaid. (d) The terms of the Refunding Bonds shall comply with the provisions of Sections 53362.5 and 53363.2(e) of the California Government Code. Additionally, residential property within CFD No. 2 shall receive an annual serving of special taxes of not less than 5% commencing in the first year of debt service on the Refunding Bonds. (e) The Bond Owner recognizes that its interest in the Parcels represents of ownership of real property within CFD No. 2. To the extent necessary, Bond Owner will cooperate with City in any continuing disclosure obligation. RVPUB\KAB\577719 5 Section 3.2 Formation of New CFD; Issuance of CFD Bonds. (a) Al parcels acquired by Bond 0' ner under th s Memorandum and y subsequent agreement shall be the subject matter of a new community facilities district ("CFD No. __") The City will use its best efforts to form CFD No. over the acquired Parcel s. Bond Owner will deposit the amount of $ , which amount will be sufficient topay for the costs of formation of CFD No. and the issuance of bonds thereof. Upon the successful completion of the formation of the CFD No. , City will use its best effort t issue bonds of CFD No. (the "CFD Bonds") in an amount not exceeding the principal amount of Subordinate Bonds outstanding. Bond Owner and City will exchange Subordinate Bonds for CFD Bonds. Upon the issuance of the CFD Bonds, any funds which have been deposited by Bond Owner for the formation of CFD No. and the issuance of the CFD Bonds and which have not been so expended, shall be returned to Bond Owner. s 0 (b) CFD Bonds will be secured solely by the Special Taxes to be levied within the new CFD at the rates set forth in Exhibit E attached hereto and by this reference incorporated herein. and will have no claim or right to pay from special taxes levied by CFD No. 2. Concurrently with the issuance of CFD Bonds, the City will record a notice of cessation of special tax lien with respect to CFD No. 2 Special Taxes, but solely on the acquired Parcels. (c) The CFD Bonds will not be transferable until there has been established a cash funded reserve fund and the value of the real property exceeds the outstanding principal amount of CFD Bonds by 3 to 1. ARTICLE IV DEVELOPMENT OF PARCELS Section 4.1 Development of Parcels. Upon the successful formation of CFD No. and the issuance of the CFD Bonds, Bond owner will proceed to develop the parcels for residential and commercial development. City hereby agrees to use its best efforts to assist Bond Owner with the development pursuant to the policies and practices of the City with respect to residential and commercial development. Additionally, City will undertake to assist Bond Owner with rezoning parcels as residential. Bond Owner will be responsible for the payment of all connection fees and development fees charged by City for each residential or commercial equivalent dwelling unit, according to the rates charged by City at the time of such development. Moneys currently on deposit in the Improvement Fund of the 1989 Bonds shall be transferred to an Improvement Fund for the Senior Bonds. Moneys in the Improvement Fund shall be used for the purposes of repairing a replacing plants and irrigation systems on City owned landscape within and surrounding CFD No.2. R V P UB\KAB\577719 6 ARTICLE V SCELLANEOUS Section 5.1 Hold Harmless. Bond Owner, on behalf of itself and its officers, employees, shareholders, members, agents, representatives, parents, subsidiaries, affiliates, successors, executors, administrators, and assigns, (collectively, the "Releasing Parties") hereby fully and irrevocably releases, waives, acquits and discharges the City and its elective or appointive boards, council members, officers, employees, agents, representatives, successors, executors, administrators, and assigns, jointly and severally (collectively, the "Released Parties"), of and from any and all claims, rights, grievances, demands and causes of action of every kind whatsoever for damages, loss, or injury of every kind, nature or description whether known or unknown, existing or potential, anticipated or unanticipated, or which may hereafter be sustained, which the Releasing Parties (or any one of them alone) as or asserts, or may hereafter have or assert, including, without limitation, any liabilities, losses, demands, claims, and causes of action, by reason of any liability, matter, cause, fact, thing or act or omission based upon, arising out of, related to, or having any connection with this Memorandum. To this end, the Releasing Parties, jointly and severally, expressly waive and relinquish all rights and benefits under California Civil Code Section 1542, which states as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Section 5.2 Indemnification. The Releasing Parties further agree, jointly and severally, to indemnify, protect, defend with counsel acceptable to the Released Parties, and hold harmless the Released Parties, from any and all claims, demands, damages, debt, liabilities, obligations, costs, expenses, causes of action, or damages of any nature, including attorneys' fees, by reason of any liability, matter, cause, fact, thing or act or omission based upon, arising out of, related to, or having any connection with this Memorandum. Section 5.3 Cooperation; Additional. Bond Owner and City acknowledge that it may be necessary to execute documents other than those specifically referred to herein in order to complete the transactions contemplated by this Memorandum. Therefore, each party hereto hereby agrees to cooperate with each other by executing such other documents or taking such other action as may be reasonably necessary to complete the transactions contemplated by this Memorandum in accordance with the intent of the parties as evidenced in this Memorandum. Section 5.4 Amendment. This Memorandum may be amended only by a written instrument executed by the parties hereto or their successors in interest. Section 5.5 Waiver. All waivers of this Memorandum must be in writing and signed by the appropriate authorities of the parties hereto. RVPUB\KAB\577719 7 Section 5.6 Severability If any provision of this Memorandum shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining portions hereof shall not, in any way, be affected or impaired thereby. Section 5.7 Integration. This Memorandum constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and all prior and contemporaneous agreements, representations, negotiations and understandings of the parties hereto, oral or written, are hereby superseded and merged herein. Section 5.8 Notices, Demands and Communication. Formal notices, demands and communications between Bond Owner and City hereunder shall be sufficiently given if personally served, delivered by Federal Express or other nationally recognized overnight delivery service or mailed by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of Bond Owner or City, as set forth below. Such written notices, demands and communications may be sent in the same manner to such other address as a party may from time to time designate for such party by notice given as provided in this Section. Such notices, etc., shall be deemed received upon delivery if personally served, three (3) business days after sending by registered or certified mail, return receipt requested or one (1) business day after sending by Federal Express or other nationally recognized overnight delivery service. If to City: City of San Jacinto [address] With a copy to: If to Bond Owner: With a copy to: Kim A. Byrens, Esq. Best Best & Krieger LLP 3750 University Avenue 400 Mission Square Riverside, CA 92501 Section 5.9 Interpretation. The rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this RVPUMKAB \577719 8 Memorandum or any amendments or exhibits hereto. The Section headings are for purposes o convenience only, and shall not be construed to limit or extend the meaning of this Memorandum. Section 5a0 Counterparts. This Memorandum may be executed in counterparts, each of which shall be deemed an original IN WITNESS WHEREOF and year first above written. ATTEST: the parties hereto have executed this Memorandum as of the date BOND OWNER: By: THE CITY OF SAN JACINTO By: City Clerk RVPUB\KAB\577719 9 Reference: Escrow Officer: [insert date Instructions to Escrow Depository Your Escrow (APN All capitalized terms used herein shall have the meanings ascribed thereto in the attached Memorandum (the "Memorandum") dated as of , by and between the City of San Jacinto, a municipal corporation and political subdivision of the State of California (the "City") and a ("Bond Owner"). Pursuant to the Memorandum, under separate cover, you will be receiving following from Bond Owner: (i) Cash in the amount of $ In addition, subject to termination of the Agreement and cancellation of this Escrow, under separate cover, you will be receiving the following from the City: (i) A quitclaim deed of the City for County of Riverside Assessor's Parcel No. Upon notification, in writing, by the Treasurer that the Agreement is terminated pursuant to Section 5 of the Agreement, you are authorized and instructed to promptly return the Cash deposited into Escrow buy Bond Owner to Bond Owner and to promptly return the quitclaim deed deposited into Escrow by the City to the City. Upon notification, in writing, by the Treasurer that the City has purchased APN on behalf of the Bond Owner, you are authorized and instructed to deliver the Cash deposited by Bond Owner into Escrow to the City and to deliver the quitclaim deed to Bond Owner. Bond Owner shall be responsible for paying all costs of the escrow, any title insurance premiums, all recording fees and any applicable transfer taxes. Please acknowledge your acceptance and agreement to comply with these instructions by signing the enclosed copy of this letter and returning a copy to me by facsimile and return the hard RVPUB\KAB\577719 A- 1 copy original to me by U.S. Mail. Notwithstanding the foregoing, described in these instructions shall constitute evidence of your agreement instructions' contained in this letter. your taking of any of the actions to comply with all of the Thank you for your cooperation and assistance in this transaction. CITY OF SAN JACINTO ACCEPTED AND AGREED to this day of By: Title: "Escrow Holder" RVPUB\KAB\577719 A-2 City Treasurer City of San Jacinto [Address] Dear City Treasurer: All capitalized terms used herein shall have the meanings ascribed thereto in the Memorandum (the "Memorandum") dated as of , by and between the City of San Jacinto, a municipal corporation and political subdivision of the State of California (the "City") and ,a ("BondOwner"). Pursuant to Section 2.2 of the Memorandum, Bond Owner has deposited into Escrow the following: A. Cash in the amount of $ The Treasurer is hereby directed to apply $ of the Cash in satisfaction of the Judgment. The Bond Owner of more than 75% of the principal amount of 1989 Bonds outstanding has waived the payment by the City of the judgment amount to the Bond Fund. The City has made a finding that the Bond Owners waiver of such amounts will not materially adversely effect the rights of the 1989 Bond owners not a party to the Memorandum. By: Title: ACCEPTED AND AGREED to this day of City Treasurer City of San Jacinto RVPUB\KAB\577719 B-1 Recording Requested by and when recorded return QUITCLAIM DEED The undersigned grantor(s) declare(s): Documentary transfer tax is $0.00. This conveyance is made without consideration. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned, hereby quitclaims, releases and remises to all of the undersigned's right, title and interest in and to the following described real property: IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the day and year first above written. Dated: RVpUBV(AB\577719 C-1 State of California County of On , before personally appeared [[ personally known to [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL(S) [] OFFICER(S) (TITLE[S]): [] PARTNER(S) [] ATTORNEY -IN -FACT [ ] TRUSTEE(S) [ ] CHAIRPERSON/MAYOR [ ] OTHER SIGNER IS REPRESENTING: RVPUB\KAB \577719 C-2 RVPUBV(AB\577719 D-1 PROPOSED RATE & METHOD OF APPORTIONMENT OF SPECIAL T ES R V PUB\KAEI\577719 E-1 ARTICLE X - DUES Section 1. Dues The annual dues schedule for Member Cities shall be established by the Board of Directors subject to the limitation on dues increases provided by Section 2 and 3 of this Article. Dues for new Member Cities will be equal to the dues of other Member Cities with similar populations. In no event shall the annual dues for any city exceed a total amount of $50,000, and no city's dues will increase more than $5,000 per year. For the purpose of this section, the population of each city shall be the population determined by the State Controller in making the most recent allocation of subventions to cities. Section 2. Increase in Dues. As may be warranted the Board of Directors by a two-thirds (2/3) vote may increase the dues schedule after notice and justification to the cities, as provided in Section 1 up to ten percent (10%) annually. Section 3. Ratification by Regional Divisions. Any dues increase adopted by the Board of Directors as provided for in Section 2 above shall be submitted to the regional divisions for ratification. Ratification by a majority of the regional divisions representing a majority of the Member Cities constitutes approval of the dues increase. Regional divisions must respond to the submittal of the dues increase within 60 calendar days from the date of submittal by the Board of Directors. Regional divisions not responding within 60 calendar days shall be considered as having ratified the dues increase. ARTICLE XI - VOTING Section 1. Voting. Except in cases where otherwise provided, all voting in meetings of the General Assembly of the League, its divisions and departments shall be viva voce, unless a roll call is demanded by representatives of three or more cities, in which case the representatives of each Member City present and in good standing shall cast collectively one vote. A majority of the votes cast shall be necessary for a decision. ARTICLE XII - MISCELLANEOUS Section 1. Seal. The Board of Directors shall provide a suitable seal for the League which shall be in circular form and which shall contain the following inscription: "LEAGUE OF CALIFORNIA CITIES INCORPORA 1'ED NOVEMBER 4, 1932 CALIFORNIA" 11 League Bylaws Amended October 24, 1995 g:\mss\member\rid\board\bylaws.doc Section 2. Governing Rules. Subject to the provision of these bylaws, Robert's Rules of Order shall prevail at all meetings of the League, the Board of Directors, and in all departments. ARTICLE XIII - AMENDMENTS Section 1. Amendments. These bylaws may be amended at any Annual Conference of the League by a two-thirds vote of the General Assembly, provided the proposed amendment shall have first been prepared in writing and submitted to the Board of Directors on or before the second day of the conference in accordance with the procedure for submitting resolutions specified in Article VIII. Such amendment shall go into effect immediately unless otherwise specified in the amendment. If, within sixty days after the adoption of any amendment, one-third or more of the Member Cities submit a written protest against such amendment, it shall automatically be suspended until the next Annual Conference, when it may be taken up again for reconsideration and vote as in the first instance. 12 League Bylaws Amended October 24, 1995 g:lmss\member\rid\board\bylaws.doc The Honorable City Council Interim Finance Director Increase in Budget for Special Funds RECOMMENDATION: By motion, adopt Resolution No. 2269 increasing the fiscal year 2000-2001 budget by appropriating $27,466 in Fund No. 058 Local Law Enforcement Block Grant Fund and $35,205 in Fund 060, Law Enforcement Technology Equipment Purchase Grant Fund. BACKGROUND: The Police Department was awarded two grants last fiscal year; a Local Law Enforcement Grant in the amount of $27,466 and a California Law Enforcement Technology Equipment Purchase Grant of $35,205. The grant funds were received in April and June 2000, respectively. These funds were inadvertently omitted from the fiscal year 2000-2001 budget. The Law Enforcement Block Grant will be used to replace a K-9, to purchase a computerized voice stress analyzer and to purchase crime prevention materials. The California Law Enforcement Technology Equipment Purchase Grant will be used to purchase a computer system for the CAL -GANG (a state-wide data base of known gang members) and Parole L.E.A.D.S. (Law Enforcement Agency Directory Service, a state- wide data base of parolees) programs, a TRAC system (Technology to Recover Abducted Kids), night vision equipment, crime prevention multi -media equipment and digital cameras. JUSTIFICATION: The grant funds must be spent or returned to the grantor. BUDGET a 3 Y IMPACT: The Local Law Enforcement Block Grant requires matching funds of $2,747 that are provided for in the Police Department's fiscal year 2000-2001 budget. ATTACHMENTS: 1. Resolution No. 2269 RESOLUTION NO. 2269 SOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA AUTHORIZING AN INCREASE IN THE FISCAL YE " 2000-2001 BUDGET WHEREAS, the City of San Jacinto adopted a budget for Fiscal Year 2000-2001 on June 15; and WHEREAS, the budgets for two Special Funds were inadvertently omitted from that action; and WHEREAS, the grants given to these two funds will revert to the grantors if the money on hand is not expended; NOW, THEREFORE, BE IT RESOLVED by the City Council as follows: SECTION 1. Fund No. 058, entitled Local Law Enforcement Block Grant. Account No. 058-3100-431-4045, Machinery and Equipment is hereby appropriated in the amount of $27,466 to be expended as follows: Computer Voice Stress Analyzer $13,612 Replace K-9 6,900 Crime Prevention Materials 6,954 Total $27,466 SECTION 2. Fund No. 060, entitled Law Enforcement Technology Equipment Purchase. Account No. 060-3100-431-4045, Machinery and Equipment is hereby appropriated in the amount of $35,205 two be expended as follows: Computer System $ 2,250 TRAC System 10,236 Night Vision Equipment 10,950 Crime Prevention Multi -media Equipment 10,152 Digital Cameras 1,617 Total $35,205 APPROVED AND ADOPTED AYES: NOES: ABSTAIN: ABSENT: his 6th day of September 2000, by the following vote: Mayor ATTEST: City Clerk September 7, 2000 TO: The Honorable City Council FROM: Interim Finance Director SUBJECT: Reject Application for Leave to File a Late Claim AGENDA ITEM 5.2 RECOMMENDATION: By motion, application of Namia Allen to file a late claim. BACKGROUND: This application was submitted to the Claims Manager of Public Entity Risk Management Authority, of which the City is a member, and he recommends that it be rejected. A copy of the application is available in the Finance Department for review. JUSTIFICATION: The formal rejection of a claim against the City is required by Government Code Section 911.8. BUDGETARY IMPACT: There is no budgetary impact as a result of this action. ATTACHMENTS: 1. Letter from PERMA dated August 14, 2000 A public agennv ince 1.9E15 77-57U pringfield Lane_ Suite lA Palm Deqe_ft [A g2.2111 phone rB13,3611.4Rtifi fax r51113BEL3e64 PULiLIL EaLita Riak Mar -lawn -leer Autheriaa August 14, 2000 George Kaenel Director of Finance City of San Jacinto 201 East Main Street San Jacinto, California 92581 RE: Namia Allen v. City of San Jacinto Date of Loss : 08/04/99 File Number JS0015 Dear Mr. Kaenel: PERMA is in receipt of the above -captioned application for leave to file late claim filed against the City of San Jacinto by attorney Eugene Iredale on behalf of claimant Namia Allen. We request that you take the action indicated below: APPLICATION FOR LEAVE TO FILE LATE CLAIM: Deny the Application under Government Code § 911.8. Please copy PERMA on the notice to the claimant. Thank you for your assistance in this matter. If you have any questions or concerns, please feel free to contact me. Regards, Diego Santana Claims Specialist TO: FROM: SUBJECT: The Honorable City Council Interim Finance Director Reject Claim Against the City RECOMMENDATION: By motion, reject the claim of Collette Underwood. BACKGROUND: This claim was submitted to the Claims Manager of Public Entity Risk Management Authority, of which the City is a member, and he recommends that it be rejected. A copy of the claim is available in the Finance Department for review. JUSTIFICATION: The formal rejection of a claim against the City is required by Government Code Section 913 . BUDGETARY IMPACT: There is no budgetary impact as a result of this action. ATTACHMENTS: 1. Letter from PERMA dated August 28, 2000 1E IFe maiink Public Entity Risk Management Authority August 28, 2000 George Kaenel Director of Finance City of San Jacinto 201 East Main Street San Jacinto, California 92583 RE: Collette Underwood v. City of San Jacinto Date of Loss : 02/21/00 A public File Number : JS0016 agency Dear Mr. Kaenel: since 1985 PERMA is in receipt of the above -captioned claim filed against the City of San Jacinto by claimant Collette Underwood. We request that you now take the action indicated below: CLAIM REJECTION: Written rejection of claim by authorized board/officer in accordance with Government Code Section 913. • 77-57E3 iringfield Lane Suite 1A Paim Desert CA 92211 phone 50.350.4955 Please copy PERMA on the notice to the claimant. Thank you for your assistance in this matter. If you have any questions or concerns, please feel free to contact me. Regards, Diego Santana Claims Specialist TO: The I lonorable City Council FROM: George Kaenel - Interim Finance Director S1JBJECT: Approve Warrant Register for Warrants, Prepaid Checks and Pa roil Checks RECOMMENDATION: By motion, approve the warrant register for the warrants and prepaid items d pay issued since the last Council Meeting. BACKGROUND: The following are the warrant and check #s for this cycle Warrant/Prepaid It's Cycle Dates 54989 - 55073 September 07, 2000 Payroll Checks 12985 - 13014 5.4 Cycle Date September 07, 2000 Payroll information is available for Council review in the Finance Department. JUSTIFICATON: 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 accounts payable and pre -paid checks. PREPARED08/25/2000, 14:41:10 PROGRAM: GM346L Bank of Hemet BANK 00 Bank of Hemet ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 1 ACCOUNTING PERIOD 2001/02 REPORT NUMBER 3 CHECK VENDOR VENDOR VOUCHER P.O. DATE NO NO NAME NO NO ACCOUNT REMITTANCE AMQUNT CHECK (NET OP DISC)RETAIN) TOTAL 50809* 1037 KEN SOUTHERN 003273 03/15/1999 010-3100-431.31-20 24.00 - 24.00 - * 50822* 770 O.K. ASSOC. INC. 003439 03/15/1999 021-4150-410.34-05 003437 03/15/1999 021-4150-410.34-05 003278 03/15/1999 021-4150-410.34-05 003277 03/15/1999 021-4150-410.34-05 003372 03/15/1999 021-4150-410.34-05 003438 03/15/1999 021-4150-410.34-05 51147* 947 MIGUEL SOTO 003950 04/30/1999 065-0000-229.08-67 51225* 947 CRUMP & CO. 004216 05/15/1999 051-9000-450.40-01 51359* 2344 RIVERSIDE COUNTY SHERIFF' 004383 05/31/1999 065-0000-201.06-15 51821* 947 PULCIANO F. VASQUEZ 000223 07/31/1999 065-0000-229.08-67 55006 946 A-1 LOCK & KEY SERVICE 000542 09/07/2000 010-2500-425.33-10 000684 09/07/2000 021-4150-410.33-30 55007 931 AL'S KUBOTA TRACTOR LAWNM 000525 09/07/2000 021-4150-410.33-30 55008 2936 ALBERT A. WEBB ASSOCIATES 006034 09/07/2000 010-2500-425.30-90 55009 952 ARROW PRINTING 000649 09/07/2000 010-3300-431.21-10 000653 09/07/2000 010-2500-425.21-10 55010 992 AT & T 000457 09/07/2000 010-2500-425.35-16 000458 09/07/2000 010-3100-431.35-16 000459 09/07/2000 010-7400-425.35-16 000460 09/07/2000 021-4150-410.35-16 000461 09/07/2000 050-9000-450.35-16 000462 09/07/2000 010-2500-425.35-16 000463 09/07/2000 025-7252-410.35-16 000464 09/07/2000 010-6100-425.35-16 55011 985 B & W PIPE & SUPPLY 000469 09/07/2000 000673 09/07/2000 028-7100-410.40-01 025-7100-410.33-10 405.32 - 377.40 - 395.45 - 397.35 - 403.05 - 335.95 - 2,314.52 - * 50.00 - 50.00 - * VOIDED 2,769.18 - 2,769.18 - * VOIDED 10.0°- 10.00- * VOIDED VOIDED 62.39 50.48 1,405.93 576.47 PREPARED08/25/2000, 14:41:10 PROGRAM: GM346L Bank of Hemet BANK 00 Bank of Hemet ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER CHECK VENDOR VENDOR VOUCHER P.O. DATE NO NO NAME NO NO ACCOUNT PAUB 2 ACCOUNTING PERIOD 2001/02 REPORT NUMBER 3 REMITTANCE AMOL (NET OF DISC/RETAIN) CHECK TOTAL 55012 998 BRYAN VIG 000643 000645 000646 09/07/2000 09/07/2000 09/07/2000 010-3100-431.31-20 010-3100-431.31-20 010-3100-431.31-20 55013 242 C.E.D. 000477 09/07/2000 025-7100-410.33-10 000635 09/07/2000 025-7252-410.33-30 000669 09/07/2000 025-7100-410.33-10 000670 09/07/2000 025-7252-410.33-30 000671 09/07/2000 025-7260-410.21-30 55014 2789 CARL SIMMONS 000535 09/07/2000 010-3100-431.31-20 55015 2938 CDE RESOURCES, INC. 000696 09/07/2000 022-4150-410.40-0 55016 2455 CENTRAL COUNTY UNITED WAY 000641 09/07/2000 065-0000-103.12-07 55017 553 CITY OF HEMET 000662 09/07/2000 022-4150-410.40-01 55018 2464 COMSERCO 000676 09/07/2000 025-7252-410.40-45 000677 09/07/2000 025-7100-410.33-10 55019 2911 COTTONWOOD GROWERS 000472 09/07/2000 028-7100-410.40-01 000672 09/07/2000 028-7100-410.40-01 55020 252 COZAD AND THOMSEN, INC. 000524 09/07/2000 010-4100-410.30-90 000664 09/07/2000 010-4100-410.30-94 55021 2917 DALE, BRADEN & HINCHCLIFF 000515 09/07/2000 020-2200-419.30-90 55022 2782 DIANA TAVENNER 000638 09/07/2000 010 1700-417.30-90 55023 949 E.S. BABCOCK & SONS, INC. 000490 09/07/2000 050-9000-450.33-30 000504 09/07/2000 050-9000-450.33-30 000526 09/07/2000 052-9012-450.40-01 000642 09/07/2000 050-9000-450.33-30 000660 09/07/2000 050-9000-450.33-30 55024 460 EASTERN MUNI.WATER DIST. 000465 09/07/2000 025-7250-410.3 595.00 476.00 476.00 ,547.00 61.22 54.05 39.47 52.10 362.95 569.79 357.00 357.00 6,450.00 6.450.00 44.86 544.86 20,000.00 20,000.00 668.56 147.97 816.53 592.63 592.63 ,185.26 270.00 270.00 540.00 * 794.2 794.2 00.00 100.00 44.00 48.00 84.00 15.00 540.00 731.00 0 592.3 47.00' 569:79 357.00 6,450 00 544.86 20,000 00 81653 .26 540.00' 794.21 100.00 731` 00 PREPARED08/25/2000, 14:41:10 PROGRAM: GM346L Bank of Hemet BANK 00 Bank of Hemet ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 3 NG PERIOD 2001/02 REPORT NUMBER 3 CHECK VENDOR VENDOR VOUCHER P.O. DATE NO NO NAME NO NO ACCOUNT REMIT NCE AMOUNT (NET OF DISC/RETAIN) TOTAL 55024 460 EASTERN MUNI.WATER DIST. 000674 000675 55025 947 EQUIPMENT SUPPLY CO. 000523 55026 476 ESGIL CORPORATION 000693 55027 2744 FAMILY SPORT & FITNESS 000446 000447 000448 000449 000450 000451 000452 000453 000454 000455 000456 55028 484 FEDERAL EXPRESS 000628 55029 566 HEMET NEWS 000496 000661 55030 299 HEMET RUBBER STAMP 000682 55031 582 HEMET VALLEY PIPE & SUPPL 000470 000473 000474 55032 591 HINDERLITE, DE LLMAS 000533 55033 2641 HOME DEPOT CREDIT SERVICE 000697 000698 000699 000700 000701 000702 000703 000704 000705 09/07/2000 025-7250-410.35-10 09/07/2000 025-7250-410.35-10 21.20 10 .04 623.57 09/07/2000 055-4170-450.33-30 236.31 236.31 09/07/2000 010-3300-431.30-90 1,443.52 1,443.52 09/07/2000 010-1200-412.11-10 10.00 09/07/2000 010-1400-414.11-10 30.00 09/07/2000 010-1700-417.11-10 10.00 09/07/2000 010-3100-431.11-10 310.00 09/07/2000 010-3300-431.11-10 30.00 09/07/2000 011-7400-425.11-10 10.00 09/07/2000 021-4150-410.11-10 60.00 09/07/2000 025-7250-410.11-10 20.00 09/07/2000 050-9000-450.11-10 90.00 09/07/2000 096-9700-470.11-10 10.00 09/07/2000 099-9700-470.11-10 10.00 590.00 09/07/2000 010-2500-425.21-10 21.46 21.46 09/07/2000 010-1700-417.36-25 144.90 09/07/2000 010-1700-417.36-25 203.46 348.36 09/07/2000 010-2500-425.21-10 27.42 27.42 09/07/2000 09/07/2000 09/07/2000 028-7100-410.40-01 028-7100-410.40-01 028-7100-410.40-01 09/07/2000 010-2500-425.30-90 09/07/2000 021-4150-410.33-30 09/07/2000 021-4150-410.33-30 09/07/2000 021-4150-410.33-30 09/07/2000 021-4150-410.33-30 09/07/2000 021-4150-410.33-30 09/07/2000 021-4150-410.33-30 09/07/2000 055-4170-450.33-30 09/07/2000 055-4170-450.33-30 09/07/2000 055-4170-450.33-30 99.18 86.09 68.51 253.78 * 317.74 317.74 194.84 91.76 38.33 105.11 67.69 225.87 144.26 97.77 57.95 623.57 236.31 1,443.52 590.00 21.46 348.36 27.42 253.78 317.74 PREPAREDO8/25/2000, 14:41:10 PROGRAM: GM346L Bank of Hemet BANK 00 Bank of Hemet ACCOUNTS PAYABLE CHECK REGISTER BY, BANK NUMBER CHECK VENDOR vENDOR VOUCHER P.O. DATE NO NO NAME NO NO ACCOUNT PAGE 4 ACCOUNTING PERIOD 2001/02 REPORT NUMBER 3 REMITTANCE AMOUNT (NET OF DISC/RETAIN) TOTAL 55033 2641 HOME DEPOT CREDIT SERVICE 000706 000707 000708 000709 000710 09/07/2000 09/07/2000 09/07/2000 09/07/2000 09/07/2000 050-9000-450.33-10 028-7100-410.40-01 055-4170-450.33-30 010-2500-425.33-10 028-7100-410.40-01 55035 611 INLAND CHEVROLET 000531 09/07/2000 099-9700-470.34-05 55036 616 INLAND FOUNDATION ENG. IN 000665 09/07/2000 052-9012-450.40-01 55037 2118 JOE'S SHEET METAL 000527 09/07/2000 025-7100-410.33-30 55038 2797 KATHY MEADOWS 000640 09/07/2000 010-1700-417.30-90 55039 2740 KEITH KNOTEK 000534 09/07/2000 010-3100-431.31-20 55040 732 MISSION UNIFORM SERVICES, 000631 09/07/2000 021-4150-410.21-35 000632 09/07/2000 025-7100-410.21-35 000633 09/07/2000 055-4170-450.21-35 000634 09/07/2000 021-4150-410.21-35 000678 09/07/2000 010-7400-425.34-05 55041 770 O.K. ASSOC. INC. 55042 1296 OASIS IRRIGATION 55043 780 OVERNIGHT INDUSTRIAL 55044 813 P.D. PETTY CASH 000466 09/07/2000 056-4150-450.34-05 000467 09/07/2000 056-4150-450.34-05 000468 09/07/2000 025-7252-410.33-30 000471 09/07/2000 025-7100-410.21-35 000528 000529 000530 09/07/2000 09/07/2000 09/07/2000 010-3100-431.21 60 010-3100-431.21-50 010-3100-431.31-20' 55045 2661 PACIFIC STATES CORPORATIO 000521 09/07/2000 056-4150-450.34-05 000522 09/07/2000 056-4150-450.34-05 55046 1001 PIERCE PLUMBING 000475 09/07/2000 025-7100-410.33-10 000476 09/07/2000 025-7100-410.33-10 314.51 96.91 160.69 157.18 51.64 804.51 48.00 48.00 2,000.00 2,000.00 40.95 40.95 100.00 100.00 357.00 357.00 133.00 221.10 214.00 58.35 20.70 647.15 343.43 330.43 673.86 74.02 174.02 03.2 103.2 45.64 68.83 7.00 121.47 3,142.00 181.18 3,323.18 45.83 67.46 1,804.51 48.00 2,000.00 40.95 100.00` 357.00; 647.15 673 86 174.02 103.21 121.47 3.323.18 PREPAREDOB/25/2000, 14:41:10 PROGRAM: GM346L Bank of Hemet BANK 00 Bank of Hemet ACCOUNTS PAYABLE CHECK REGISTER. BY BANK NUMBER CHECK VENDOR vENDOR VOUCHER P.O. DATE NO NO NAME NO NO ACCOUNT PAGE 5 ACCOUNTING PERIOD 2001/02 REPORT NUMBER 3 REMITTANCE' EMOt1IIT (NET OF DISC/RETAIN) TOTAL 55046 1001 PIERCE PLUMBING 000491 09/07/2000 000492 09/07/2000 000493 09/07/2000 000494 09/07/2000 000495 09/07/2000 000505 09/07/2000 000506 09/07/2000 000507 09/07/2000 000510 09/07/2000 000511 09/07/2000 000512 09/07/2000 55047 924 PIONEER AMERICAS, INC. 000489 09/07/2000 55048 2606 PRESS ENTERPRISE 000543 09/07/2000 55049 597 QUALITY AUTO PARTS 000497 09/07/2000 000509 09/07/2000 000629 09/07/2000 000630 09/07/2000 000666 09/07/2000 000667 09/07/2000 000668 09/07/2000 000685 09/07/2000 000686 09/07/2000 000687 09/07/2000 000688 09/07/2000 000689 09/07/2000 000690 09/07/2000 55050 837 QUAST TREE SERVICE 000514 09/07/2000 55051 2894 RADEK HORKEL 000648 09/07/2000 55052 2927 RANDY YORK 000647 09/07/2000 55053 2405 RELIABLE 000498 09/07/2000 000499 09/07/2000 000500 09/07/2000 000501 09/07/2000 000650 09/07/2000 000651 09/07/2000 000652 09/07/2000 055-4170-450.33-30 055-4170-450.33-30 055-4170-450.33-30 055-4170-450.33-30 055-4170-450.33-30 021-4150-410.33-30 021-4150-410.33-30 021-4150-410.33-30 021-4150-410.33-30 021-4150-410.33-30 021-4150-410.33-30 050-9000-450.33-30 010-1210-412.36-25 010-3300-431.33-30 021-4150-410.33-50 021-4150-410.33-50 021-4150-410.33-50 025-7100-410.33-10 025-7100-410.33-10 025-7100-410.33-10 021-4150-410.33-50 021-4150-410.33-50 021-4150-410.33-50 021-4150-410.33-50 021-4150-410.33-50 021-4150-410.33-50 021-4150-410.34-05 010-3100-431.31-20 010-3100-431.31-20 010-1200-412.21-10 010-1400-414.21-10 010-1700-417.21-10 010-2500-425.21-10 010-2500-425.21-10 096-9700-470.21-10 010-1700-417.21-10 27.51 27.35 79.21 50.27 274.35 15.25 41.28 56.54 2.88 11.59 3.22 702.74 1,671.61 1,671.61 1,710.28 1,710.28 5.92 28.97 18.19 15.81 11.83 43.56 4.93 16.08 5.26 14.26 43.67 42.17 85.94 336.59 2,800.00 2,800.00' 702.74 1,671.61 1,710.28 336.59 2,800.00 39.00 39.00 * 39.00 42.64 42.64 * 42.64 23.88 52.50 12.96 144.96 19.65 135.56 141.73 PREPARED08/25/2000, 14:41:10 PROGRAM: GM346L Bank of Hemet BANK 00 Bank of Hemet ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER CHECK VENDOR VENDOR VOUCHER P.O. DATE NO NO NAME NO NO ACCOUNT PAGE 6 ACCOUNTING PERIOD 2001/02 REPORT NUMBER 3 REMIT ANCE AMQQN1 (NET OF DISCJRETAIN) CHECK TOTAL 55053 2405 RELIABLE 55054 947 RIVERSIDE COUNTY OFFFICE 000683 09/07/2000 059-8052-450.34-05 55055 1762 RONALD PROZE 000695 09/07/2000 055-4170-450.31-20 55056 2836 SIERRA COMPUTER SYSTEMS I 000663 09/07/2000 010-3300-431.40-01 55057 440 SMART & FINAL 000679 09/07/2000 010-2500-425.21-10 000680 09/07/2000 010-1100-411.21-10 55058 2377 SPARKS HEATING & AIR 000654 09/07/2000 010-7400-425.33-10 55059 420 STAPLES 000479 000480 000481 000482 000483 000484 000485 000486 000487 55060 2781 STEVE WARNEKE 09/07/2000 09/07/2000 09/07/2000 09/07/2000 09/07/2000 09/07/2000 09/07/2000 09/07/2000 09/07/2000 010-3100-431.21-10 010-2500-425.21-10 074-0000-103.12-25 010-3100-431.21-10 010-1700-417.21-10 050-9000-450.21-10 025-7100-410.21-35 021-4150-410.33-30 010-3100-431.21-10 000636 09/07/2000 010-1700-417.30-90 55061 2898 SUBBARAYAN KRISHNAN, M.D. 000536 000537 000538 000539 09/07/2000 09/07/2000 09/07/2000 09/07/2000 55062 2393 SUNRISE AIR CONDITIONING 000508 09/07/2000 55063 2403 TIM DUNLAP 000637 09/07/2000 55064 947 TRI-STATE SEMINAR ON THE 000694 09/07/2000 55065 372 UNION BANK 000516 09/07/2000 000517 09/07/2000 000518 09/07/2000 010-1210-412.30-90 010-1210-412.30-90 010-1210-412.30-90 010-1210-412.30-90 010-2500-425. 010-1700-417 -10 0-90 055-4170-450.31-20 092-9700-470.60-15 092-9700-470.60-10 043-8501-450.60-15 31.24 2,383.05 2,383 05 632.25 632.25 46.00 46.00 36.87 134.70 171.57 105.00 105.00 462.89 325.87 1,763.53 246.28 493.39 62.71 62.69 62.69 132.47 3,612.52 100.00 100.00 265.00 265.00 115.00 115.00 760.00 345.96 345.96 100.00 100.00 120.00" 120.00: 26;943.92 20000.00 18,250.63 31.24 2383.05 632.25 46.00 171.57 105.00 ,612.52 100.00 760.00 345.`96 100.00 120.00 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 7 ACCOUNTING PERIOD 2001/02 raErxuzEooe/us/0000. 14.41'10 panozumo: GmsesL Bank of Hemet BANK oo Bank of Hemet cHFxCY, vMmaR VENDOR vinJCHBR P.O. DATE NO NO NAME NO NO (NET OF DISC/RETAIN) TOTAL '',���� 55065 srz lNco0 Bamo 000519 000soo oonS«o onoS*1 ssoss ane« USA BLUE BOOK ssosr soo VALLEY ELECTRIC o 0000 os o7 0000 os/or/0000 o9/or/0000 043'e501-450.60-10 oso-s000-«so.so-so 092-9700-470.30-90 043-e501-450.30-90 zo,000.00_ 3,671.23 ` 2'866.89 '2,003.06 - 9],735.7] ^ 000soo os/or/0000 oso-snno-«So.ss-so z,%sz.so - ---,-�e' 4z�z 000«ee oo/or/0000 050-9000-450.33-10 537.03 000sos os/or/0000 050-9000-450-33-10 1'273.67 - 1'810.70 * ' ssose s«o VALLEY WIDE RECREATION 000«re 09/07/2000 010-e400'425.34-05 000sso 09/07/2000 025-7250-410.34-05 ssoss orse nzLcAx MATERIALS comrnNY 000691 oo/or/u000 021'4150-410.33-30 ssoro 10e3 WESTERN oIzIom MAGAZINE 000sso 09/07/2000 010-1210-412.36-25 55071 316 wEozEam HIoemar eRoonozo 000513 os/or/0000 021-4150«1o.as-so ssoro orss wILLIAM A. BROWN 000sss os/ur/u000 010-1700-417.30-90 ssora sor XEROX CORPORATION 0000ss os or 000n 055-4170-450.21-10 000sss oo or 0000 025-7100-410.21-35 000ssr os/or/0000 021-4150-410.21-10 000sse oo/or/onoo 010-2500-425.34-05 000sss 09/07/2000 010-2500-425.34-05 - 0006e1 os/or/0000 010-2500-425.21-10 BANK/CHECK TOTAL ALL BANKS/CHECKS TOTAL 100.00 � 1oo'oo ^ 65.94� ' 65.93 .' '65.93 155°71 249,49 114.05�� ' 717'05 9],735.7]^'--.' � � 1,252.34�' ' 1,810.70 �s,49 .� mm��* 167'478.31� '� -' , 172,648.16 -�� 172,648.16 PREPARED 08/28/2000, 10:09:15 PROGRAM: GM313U GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED BY GROUP UPDATED BY 00057 PREPAIDS 02/2001 MIMIR MIMIR MIMIR City of San Jacinto ACCOUNTS PAYABTP UPDATE LIST TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE 5600 08/16/2000 000766 00 010-1200-412.31-20 SEMINAR J. WAGER ATTEND 1600 08/15/2000 000726 00 010-1700-417.36-25 FILING FEES 5700 08/24/2000 000767 00 025-7250-410.33-30 BACKFLOW TESTING 400 08/14/2000 000714 00 085-0000-202.21-35 VISION INSURANCE PREMIUM 500 08/14/2000 000715 00 085-0000-202.21-36 VISION INSURANCE PREMIUM 600 08/14/2000 000716 00 065-0000-201.08-64 VISION INSURANCE PREMIUM 4300 08/15/2000 000753 00 010-2500-425.35-16 UTILITY PHONE BILLING 4400 08/15/2000 000754 00 010-3100-431.35-16 UTILITY PHONE BILLING 4500 08/15/2000 000755 00 025-7252-410.35-16 UTILITY PHONE BILLING 4600 08/15/2000 000756 00 050-9000-450.35-16 UTILITY PHONE BILLING 4700 08/15/2000 000757 00 010-2500-425.35-16 UTILITY PHONE BILLING 4800 08/15/2000 000758 00 010-3100-431.35-16 UTILITY PHONE BILLING 4900 08/15/2000 000759 00 021-4150-410.35-16 UTILITY PHONE BILLING 5000 08/15/2000 000760 00 010-7400-425.35-16 UTILITY PHONE BILLING 5100 08/15/2000 000761 00 025-7252-410.35-16 UTILITY PHONE BILLING 00/00/0000 0055003 08/24/2000 0000472 EYE CARE OF AMERICA 00/00/0000 0054990 08/14/2000 0000472 EYE CARE OF AMERICA 00/00/0000 0054990 08/14/2000 0000472 EYE CARE OF AMERICA 00/00/0000 0054990 08/14/2000 0000526 GENERAL TELEPHONE CO. 00/00/0000 0054999 08/15/2000 0000526 GENERAL TELEPHONE CO. 00/00/0000 0054999 08/15/2000 0000526 GENERAL TELEPHONE CO. 00/00/0000 0054999 08/15/2000 0000526 GENERAL TELEPHONE CO. 00/00/0000 0054999 08/15/2000 0000526 GENERAL TELEPHONE CO. 00/00/0000 0054999 08/15/2000 0000526 GENERAL TELEPHONE 00/00/0000 0054999 08/15/2000 CO. 0000526 GENERAL TELEPHONE CO. 00/00/0000 0054999 08/15/2000 0000526 GENERAL TELEPHONE CO.' 00/00/0000 0054999 08/15/2000 0000526 GENERAL TELEPHONE CO. 00/00/0000 0054999 08/15/2000 00/00/0000 0054997 08/15/2000 0002479 CALIFORNIA DEBT & INVESTM REQUEST 00/00/0000 0055002 08/16/2000 N 0001046 COUNTY CLERK & RECORDER REQUEST N 0002862 DB BACKFLOW SERVICE STMT N REQUEST N REQUEST N REQUEST N STMT N STMT N STMT N STMT N STMT N STMT N STMT N STMT N STMT N 170.00 78.00 1,472 73 373.90_; 182.57 13.16 176.27 289.14 288.04 3 61`.11 326.57 313.62 128 47 142.21 196.56 PREPARED 08/28/2000, 10:09:15 PROGRAM: GM313U GROUP NUMBER ACCOUNTING GROUP USER ID GROUP CREATED BY GROUP UPDATED BY PERIOD: 00057 PREPAIDS 02/2001 MIMIR MIMIR MIMIR City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE 5200 08/15/2000 000762 00 055-4170-450.35-16 UTILITY PHONE BILLING 5300 08/15/2000 000763 00 010-2500-425.35-16 UTILITY PHONE BILLING 5400 08/15/2000 000764 00 010-3100-431.35-16 UTILITY PHONE BILLING 5500 08/15/2000 000765 00 050-9000-450.35-16 UTILITY PHONE BILLING 1300 08/14/2000 000723 00 085-0000-202.21-29 DEFERRED COMPENSATION FOR AUGUST 10, 2000 1700 08/16/2000 000727 00 010-2500-425.31-20 ANNUAL CONFERENCE WILLIAM 0000526 GENERAL TELEPHONE C,GRP-. STMT 00/00/0000 0054999 08/15/2000 N 0000526 GENERAL TELEPHONE C,GRP-. STMT 00/00/0000 0054999 08/15/2000 N 0000526 GENERAL TELEPHONE C,GRP-. STMT 00/00/0000 0054999 08/15/2000 N 0000526 GENERAL TELEPHONE CO. 00/00/0000 0054999 08/15/2000 0000607 ICMA RETIREMENT TRUST 00/00/0000 0054994 08/14/2000 0000684 LEAGUE OF CALIF.CITIES CONNER, WAGER ATTENDING 00/00/0000 0055000 08/16/2000 1200 08/14/2000 000722 00 085-0000-202.21-29 DEFERRED COMPENSATION FOR AUGUST 10, 2000 1500 08/14/2000 000725 00 059-8052-450.34-05 TOTAL REFUSE/RECYCLING FOR 7/1-7/31/00 700 08/14/2000 000717 00 085-0000-202.21-39 HEALTH INSURANCE PREMIUM 800 08/14/2000 000718 00 085-0000-202.21-40 HEALTH INSURANCE PREMIUM 900 08/14/2000 000719 00 065-0000-201.08-64 HEALTH INSURANCE PREMIUM 1400 08/14/2000 000724 00 085-0000-202.21-28 PERS RETIREMENT CONTRIB. AUGUST 10, 2000 1800 08/15/2000 000728 00 025-7250-410.35-14 UTILITY ELECTRIC BILLING 1900 08/15/2000 000729 00 025-7252-410.35-14 UTILITY ELECTRIC BILLING 2000 08/15/2000 000730 00 010-2500-425.35-14 UTILITY ELECTRIC BILLING 0000691 LINCOLN NATIONAL 00/00/0000 0054993 08/14/2000 0000770 O.K. ASSOC. INC. 00/00/0000 0054996 08/14/2000 STMT N REQUEST N REQUEST N REQUEST N REQUEST N 0002462 PACIFICARE OF CALIFORNIA REQUEST 00/00/0000 0054991 08/14/2000 N 0002462 PACIFICARE OF CALIFORNIA 00/00/0000 0054991 08/14/2000 0002462 PACIFICARE OF CALIFORNIA 00/00/0000 0054991 08/14/2000 0000830 PERS 00/00/0000 0054995 08/14/2000 0000447 SO. CALIFORNIA EDISON 00/00/0000 0054998 08/15/2000 0000447 SO. CALIFORNIA EDISON 00/00/0000 0054998 08/15/2000 0000447 SO. CALIFORNIA EDISON 00/00/0000 0054998 08/15/2000 REQUEST N REQUEST N REQUEST N CO STMT N CO. S N CO . - STMT N 71.27 487.87 565.93 172.54 742.31 975.00 2,810.69 29,423.28 18,505.01 1,499 42 318 96 9,662 34 1,300.69 939.75' 951.21' PREPARED 08/28/2000, 10:09:15 PROGRAM: GM313U GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED BY GROUP UPDATED BY 00057 PREPAIDS 02/2001 MIMIR MIMIR MIMIR City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE` 2100 08/15/2000 000731 00 010-6100-425.35-14 UTILITY ELECTRIC BILLING 2200 08/15/2000 000732 00 021-4150-410.35-14 UTILITY ELECTRIC BILLING 2300 08/15/2000 000733 00 025-7100-410.35-14 UTILITY ELECTRIC BILLING 2400 08/15/2000 000734 00 050-9000-450.35-14 UTILITY ELECTRIC BILLING 2500 08/15/2000 000735 00 050-9000-450.35-14 UTILITY ELECTRIC BILLING 2600 08/15/2000 000736 00 010-7400-425.35-14 UTILITY ELECTRIC BILLING 2700 08/15/2000 000737 00 025-7251-410.35-14 UTILITY ELECTRIC BILLING 2800 08/15/2000 000738 00 010-3100-431.35-14 UTILITY ELECTRIC BILLING 2900 08/15/2000 000739 00 025-7260-410.35-14 UTILITY ELECTRIC BILLING 3000 08/15/2000 000740 00 025-7260-410.35-14 UTILITY ELECTRIC BILLING 3100 08/15/2000 000741 00 050-9000-450.35-14 UTILITY ELECTRIC BILLING 3200 08/15/2000 000742 00 025-7250-410.35-14 UTILITY ELECTRIC BILLING 3300 08/15/2000 000743 00 025-7252-410.35-14 UTILITY ELECTRIC BILLING 3400 08/15/2000 000744 00 010-2500-425.35-14 UTILITY ELECTRIC BILLING 3500 08/15/2000 000745 00 010-6100-425.35-14 UTILITY ELECTRIC BILLING 0000447 SO. CALIFORNIA EDISON CO. STMT 00/00/0000 0054998 08/15/2000 N 0000447 SO. CALIFORNIA EDISON CO. STMT 00/00/0000 0054998 08/15/2000 N 0000447 SO. CALIFORNIA EDISON CO. STMT 00/00/0000 0054998 08/15/2000 N 0000447 SO. CALIFORNIA EDISON CO. STMT 00/00/0000 0054998 08/15/2000 N 0000447 SO. CALIFORNIA EDISON CO. 00/00/0000 0054998 08/15/2000 0000447 SO. CALIFORNIA EDISON CO. 00/00/0000 0054998 08/15/2000 STMT N MT N 0000447 SO. CALIFORNIA EDISON CO. STMT 00/00/0000 0054998 08/15/2000 N - 0000447 SO. CALIFORNIA EDISON CO. STMT 00/00/0000 0054998 08/15/2000 N 0000447 SO. CALIFORNIA EDISON CO. 00/00/0000 0054998 08/15/2000 0000447 SO. CALIFORNIA EDISON CO. 00/00/0000 0054998 08/15/2000 0000447 SO. CALIFORNIA EDISON 00/00/0000 0054998 08/15/2000 S N STMT N CO. STMT N , 0000447 SO. CALIFORNIA EDISON CO. STMT 00/00/0000 0054998 08/15/2000 N 0000447 S0. CALIFORNIA EDISON CO 00/00/0000 0054998 08/15/2000 S N 0000447 S0. CALIFORNIA EDISON CO. ST 00/00/0000 0054998 08/15/2000 0000447 S0. CALIFORNIA EDISON CO 00/00/0000 0054998 08/15/2000 N STMT N 52.31 178.78" 974.45 10,257.72_s 32.65 974.68 12.96 1,103 19 481.96' 10,046 54 80 34 559.63 919.37 1,278 72 57.60'? PREPARED oa/zn/zono' 10'09.15 gmOomAM. Gm313o ACCOUNTS PAYABLE UPDATE LIST City of San Jacinto PAGE 4 REPORT NUMBER 6 oR)or NUMBER . AccoorTImo eEoIoo. Gnonn naEo ID � oRone cRooxroo BY . GROUP UPDATED BY � 000sr eREeAIoo oz/zoo1 MIMIo aIMIR mImIn rnAmo# TRANS DATE nnocoEo Bo AccnrmT mrmm*En DESCRIPTION 1 DESCRIPTION 2 3600 08/15/2000 000746 uu 025-7100-410.35-14 UTILITY ELECTRIC BILLING sroo 08/15/2000 000747 uu 010-7400-425.35-14 UTILITY ELECTRIC BILLING saoo 08/15/2000 000748 uu 025-7251-410.35-14 UTILITY ELECTRIC BILLING ayno / ono 000749 uu 025-7260-410.35-14 UTILITY ELECTRIC BILLING 4000 08/15/2000 000750 uu 050-9000-450.35-14 nzzLzzr ELECTRIC BILLING 4100 08/15/2000 000751 oo 050-9000-450.35-14 UTILITY ELECTRIC BILLING «zoo 08/15/2000 000752 oo 010a1no-«a1.as-1« UTILITY ELECTRIC BILLING syno 08/15/2000 000ray uo 050-9000-450.35-14 UTILITY ELECTRIC BILLING 1000 08/14/2000 000720 uu 085-0000-202.21-46 LIFE,Aoao'aro'Lzo ImaoouN sRomzmn 1100 08/14/2000 000721 uu 085-0000-202.21-47 LIFE'Aoao'aro'Lro Imoosum; rRumzmm saoo oa/z«/znoo 000768 uu 010-1200-412.36-25 EMPLOYEE REcoomIrIom AxAa 100 08/14/2000 000711 oo oas-0000 zoz.z1az ooNruL ImanRxmocE PREMIUM zno 08/14/2000 000712 uu 085-0000-202.21-31 DENTAL ImaoaxmocE PREMIUM aoo 08/14/2000 000713 oo 065-0000-201.08-64 oExoxuL ImonsouncE PREMIUM GROUP TOTALS sy zz7'yrn.as enoJ P.O. vEmDoo nEmDon NAME INVOICE NUMBER DUE DATE coEcK# coEco oxmE rreE LAST TRANS 0000447 m}. CALIFORNIA ooInom co. ozxT uu/uu/uuuu 0054998 08/15/2000 m 0000447 SO. CALIFORNIA oozoCN CO. ozMr on/uu/uuuu 0054998 08/15/2000 m 0000447 SO. CALIFORNIA EozooN co. ocMz uu/un/uuuu 0054998 un/zs/zuuu m 0000447 SO. CALIFORNIA ooIoom co. ozMz nu/ou/uuuu 0054998 08/15/2000 lw 0000447 oo` cAuzronmzAoozoom co. o7zxr uu/uo/uuou 0054998 ua/zs/zuuu m 0000447 SO. CALIFORNIA oozoom co. oTnT uu/un/uuuu 0054998 on/zs/zuuu m 0000447 SO. CALIFORNIA oozoomCO. ozmT uu/oo/uuuu 0054998 08/15/2000 m_ 0000447 SO. CALIFORNIA oozoom co. oTmz uu/uu/uuuu 0054998 08/15/2000 _m 0000419 ozAmoaanx zmo. ccmxgAmr REQUEST uu/uo/uuuo 0054992 08/14/2000 m' 0000419 ozxNDAao zmo. coMsguvY REQUEST ou/un/uuuu 0054992 08/14/2000 N� 0000947 czuxY'oSEA zAmDzomRuOoEoz ' oo/uo/uuuu 0055004 08/24/2000 ' .m � 0002780 UNITED CONCORDIA REQUEST ou/uu/uuuu 0054989 ua/z*/zuuu . �m ^ �' ' 0002780 coxIzoo comcooDIA REQUEST uu/uo/uuuu 0054989 08/14/2000 -m 0002780 UNITED CONCORDIA REQUEST uu/uu/uuuu 0054989 08/14/2000 ',m 1,234'94��� 13.82 484.47 15,172.81 PREPARED 08/25/2000, 13:33:44 PROGRAM: GM313U City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST PAGE 1 REPORT NUMBER 69 GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED BY GROUP UPDATED BY • 00747 ACCOUNTS PAYABLES 12/2000 MIMIR MIMIR MIMIR TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR VENDOR NAME DESCRIPTION 1 DESCRIPTION 2 INVOICE NUMBER DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE 100 06/30/2000 006034 00 010-2500-425.30-90 0002936 ALBERT A. WEBB ASSOCIATES 00-0936 1,405.93 PREPARATION OF ANALYSIS FOR 100 YEAR FLOOD PLAIN 06/30/2000 0000000 00/00/0000 COUNT: AMOUNT: GROUP TOTALS 1 1,405.93 PREPARED 08/25/2000, 13:33:27 PROGRAM: GM313U GROUP NUMBER ACCOUNTING GROUP USER ID GROUP CREATED BY GROUP UPDATED BY PERIOD: 00054 ACCOUNTS PAYABLES 02/2001 MIMIR MIMIR MIMIR City at San Jacinto ACCOUNTS PAYABLE UPDATE LIST TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE 9700 09/07/2000 000542 00 010-2500-425.33-10 SERVICES RENDERED 8000 09/07/2000 000525 00 021-4150-410.33-30 SUPPLIES 1200 09/07/2000 000457 00 010-2500-425.35-16 TELEPHONE SERVICE 1300 09/07/2000 000458 00 010-3100-431.35-16 TELEPHONE SERVICE 1400 09/07/2000 000459 00 010-7400-425.35-16 TELEPHONE SERVICE 1500 09/07/2000 000460 00 TELEPHONE SERVICE 1600 09/07/2000 000461 00 TELEPHONE SERVICE 1700 09/07/2000 000462 00 TELEPHONE SERVICE 021-4150-410.35-16 050-9000-450.35-16 010-2500-425.35-16 1800 09/07/2000 000463 00 025-7252-410.35-16 TELEPHONE SERVICE 1900 09/07/2000 000464 00 010-6100-425.35-16 TELEPHONE SERVICE 2400 09/07/2000 000469 SUPPLIES 3200 09/07/2000 000477 SUPPLIES 9000 09/07/2000 000535 SUBSISTENCE FOR SEMINAR 00 028-7100-410.40-01 00 025-7100-410.33-10 00 010-3100-431.31-20 ATTENDING: C. SIMMONS 2700 09/07/2000 000472 00 028-7100-410.40-01 SUPPLIES 7900 09/07/2000 000524 00 010-4100-410.30-90 CONSTRUCTION OBSERVATION MERIDIAN 0000946 A-1 LOCK & KEY SERVICE 26190 09/07/2000 0000000 00/00/0000 0000931 AL'S KUBOTA TRACTOR LAWNM 98820 09/07/2000 0000000 00/00/0000 0000992 AT & T 09/07/2000 0000000 00/00/0000 0000992 AT & T 09/07/2000 0000000 00/00/0000 0000992 AT & T 09/07/2000 0000000 00/00/0000 0000992 AT & T 09/07/2000 0000000 00/00/0000 0000992 AT & T 09/07/2000 0000000 00/00/0000 0000992 AT & T 09/07/2000 0000000 00/00/0000 0000992 AT & T 09/07/2000 0000000 00/00/0000 0000992 AT & T 09/07/2000 0000000 00/00/0000 0000985 B & W PIPE & SUPPLY 09/07/2000 0000000 00/00/0000 0000242 C.E.D. 09/07/2000 0000000 00/00/0000 0002789 CARL SIMMONS 09/07/2000 0000000 00/00/0000 0002911 COTTONWOOD GROWERS 09/07/2000 0000000 00/00/0000 0000252 COZAD AND THOMSEN, INC. 09/07/2000 0000000 00/00/0000 STMT N STMT N STMT N STMT N STMT N STMT N STMT T 50.00 3.98 29.06 29.05 306.11 22.40 3.80 13.33 6 .22 357.00 592.63 270.00 PREPARED 08/25/2000, 13:33:27 PROGRAM: GM313U GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED BY GROUP UPDATED BY 00054 ACCOUNTS PAYABTPS 02/2001 MIMIR MIMIR MIMIR City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST PAGE REPORT NUMBER TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 7000 09/07/2000 000515 00 020-2200-419.30-90 RAUL NAVARRO VS CITY OF SAN JACINTO 4500 09/07/2000 000490 00 050-9000-450.33-30 SUPPLIES 5900 09/07/2000 000504 00 050-9000-450.33-30 SUPPLIES 8100 09/07/2000 000526 00 052-9012-450.40-01 SUPPLIES 2000 09/07/2000 000465 00 025-7250-410.35-10 UTILITY WATER BILLING 7800 09/07/2000 000523 00 055-4170-450.33-30 SUPPLIES 100 09/07/2000 000446 00 010-1200-412.11-10 AUGUST ATTENDANCE 200 09/07/2000 000447 00 010-1400-414.11-10 AUGUST ATTENDANCE 300 09/07/2000 000448 00 010-1700-417.11-10 AUGUST ATTENDANCE 400 09/07/2000 000449 00 010-3100-431.11-10 AUGUST ATTENDANCE 500 09/07/2000 000450 00 010-3300-431.11-10 AUGUST ATTENDANCE 600 09/07/2000 000451 00 011-7400-425.11-10 AUGUST ATTENDANCE 700 09/07/2000 000452 00 021-4150-410.11-10 AUGUST ATTENDANCE 800 09/07/2000 000453 00 025-7250-410.11-10 AUGUST ATTENDANCE 900 09/07/2000 000454 00 050-9000-450.11-10 AUGUST ATTENDANCE PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK# CHECK DATE TYPE LAST TRANS DISC/RETAINAGE 09/07/2000 0000000 00/00/0000 N 0002917 DALE, BRADEN & HINCHCLIFF 4338001 09/07/2000 0000000 00/00/0000 N 0000949 E.S. BABCOCK & SONS, INC. 120179 09/07/2000 0000000 00/00/0000 N 0000949 E.S. BABCOCK & SONS, INC. 25780 09/07/2000 0000000 00/00/0000 N 0000949 E.S. BABCOCK & SONS, INC. 25825 09/07/2000 0000000 00/00/0000 N 0000460 EASTERN MUNI.WATER DIST. STMT 09/07/2000 0000000 00/00/0000 N 0000947 EQUIPMENT SUPPLY CO. 5030 09/07/2000 0000000 00/00/0000 N 0002744 FAMILY SPORT & FITNESS STMT 0002744 FAMILY SPORT & FI 09/07/2000 0000000 00/00/0000 0002744 FAMILY SPORT & FITNESS 09/07/2000 0000000 00/00/0000 SS 0002744 FAMILY SPORT & FITNESS 09/07/2000 0000000 00/00/0000 0002744 FAMILY SPORT & FITNESS 09/07/2000 0000000 00/00/0000 0002744 FAMILY SPORT & FITNESS 09/07/2000 0000000 00/00/0000 0002744 FAMILY SPORT & FITNESS 09/07/2000 0000000 00/00/0000 0002744 FAMILY SPORT & FITNESS 09/07/2000 0000000 00/00/0000 0002744 FAMILY SPORT & FITNESS 09/07/2000 0000000 00/00/0000 AMOUNT 794.21 44.00 48.00 592.33 236.31 10.00 30.00 10.00 310.00 30.00 10.00 60.00 20.00 90.00 PREPARED 08/25/2000' 13.33:27 PRonRmx/ nmszsn Gncme mnnBusn . Acconxozmo PEozno. ononn ooEa zo . oomzP CREATED BY . GROUP UPDATED BY � 00054 AcCcmuTo PAYoBLEo oz/zoo1 mzMIn mzmzn momzR city of San Jacinto ACCOUNTS PAYABLE UPDATE LIST Toxuxo# TRANS DATE VOUCHER on ACCOUNT mrnMBusn DESCRIPTION 1 DESCRIPTION 2 1000 0e/07/2000 AooUaz ATTENDANCE 1100 0e/07/2000 AUGUST ATTENDANCE 5100 0e/07/2000 uovEnTzaImo FEES 2500 0e/07/2000 SUPPLIES 2800 0e/07/2000 SUPPLIES 000455 oo 0e6-e700-470.11-10 000456 oo 0ee-e700-470.11-10 000496 oo 010-1700-417.36-25 000470 oo 028-7100-410.40-01 000473 oo 028-7100-410.40-01 2e00 0e/07/2000 000474 oo SUPPLIES 0000 0e/07/2000 000sss oo SALES TAX xuzorr AGREEMENT osoo o 000531 oo vnHzc`� MAINTENANCE 8200 oe/or/z000 000527 oo SUPPLIES oyoo 0e/07/2000 000534 oo 010-3100-431.31-20 SUBSISTENCE FOR SEMINAR AzzEumImo. K. nNozEK 2100 0e/07/2000 000466 oo 056-41504so.s4-os oomPazEn nEmzxL 2200 o / 000 000467 oo 056-4150-450.34os ommPazEn noomAL 2300 09/07/2000 000468 oo 025-7252-410.33-30 SUPPLIES 2600 0e/07/2000 000471 oo 025-7100-e10.21-35 SUPPLIES osoo 0e/07/2000 000528 oo 010-3100-431.21-60 REzmomzaE PETTY CASH Pnno P.O. vEwDnn vEmonn NAME DUE DATE CHECK# CHECK DATE TYPE LAST TRANS INVOICE NUMBER 0002744 FAMILY aPonz a FzzmEoo anrxr 0e/07/2000 0000000 oo/oo/0000 m 0002744 FAMILY oPonz a FITNESS aTozr 0e/07/2000 0000000 oo/oo/0000 N 0000sss HEwEz mEwa 0e/07/2000 0000000 oo/oo/0000 04524795001 m 0000noz oEoEz VALLEY PIPE a onPPL 55576 0e/07/2000 0000boo oo/oo/0000 N 0000582 HuMEzvnLLEr PIPE a anPPL 55160 0e/07/2000 0000000 oo/oo/0000 N 0000saz oEMEz VALLEY PIPE a onPPI, 55148 09/07/2000 0000000 oo/oo/0000 ` N ' 0000591 oINuEnLzTE, DE /xMuS 4628 � 09/07/2000 0000000 oo/oo/0000 N 0000611 INLAND cHnnraoLEz 09/07/2000 0000000 oo/oo/0000 0002118 JOE'S SHEET METAL 09/07/2000 0000000 oo/oo/0000 0002740 xEzzH nNozEK 09/07/2000 0000000 oo/oo/0000 0000770 O.K. ASSOC. INC. 09/07/2000 0000000 oo/oo/0000 0000770 O.K. ASSOC. INC. 09/07/2000 0000000 oo/oo/0000' 0001296 OASIS IRRIGATION 09/07/2000 000000u oo/oo/0000 0000780OVEnNzcHzzuDnazRIAu 09/07/2000 0000000 oo/oo/0000 0000813 P.D. PETTY CASH 09/07/2000 0000000 oo/oo/0000 N AyOUNT�'����� PREPARED oo/zs/z000' 13.33.27 e000axuy: Gm313n City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST ' PAGE 4 REPORT NUMBER 5 ganne nxnmaEa . AccnnmTI»G PERIOD: GROUP ooEa zo � GROUP CREATED BY ' GROUP nPznmEo BY � 000s« mCconmTa euYxuyLEo oz/zoo1 mzmzo MIMIR mImIo zRuma# TRANS ouzE vonCoEo Bo oCConrmr mnnmsEu DESCRIPTION 1 DESCRIPTION 2 eooJ P.O. vEmoou voomDou NAME DUE DATE cHEcK# CHECK DATE TYPE LAST TRANS INVOICE NUMBER 8400 09/07/2000 000529 oo 010-3100-431.21-50 REIMBURSE PETTY CASH nsoo 09/07/2000 000szo oo 010-3100-431.31-20 REIMBURSE PETTY orSa � rxoo 09/07/2000 000521 oo 056-4150-450.3-os ozoEEz SWEEPING uoGnaz rroo 09/07/2000 000szz oo 056-4150-450.34-05 azuEEz awEEeImn unonaz z000 09/07/2000 000475 oo 025-7100-410.ss -zo aneeLIEa 3100 09/07/2000 000476 oo 025-7100-410.ss -zo oneeLIEa 4600 on/or/z000 000491 oo 055-4170-450.33-30 SUPPLIES 4700 09/07/2000 000492 oo 055-4170-450.33-30 SUPPLIES 4800 09/07/2000 000493 oo 055-4170-450.zz -zo SUPPLIES 4900 09/07/2000 000494 oo 055-4170-450.33-30 onePLInm s000 09/07/2000 SUPPLIES x000 09/07/2000 SUPPLIES 6100 09/07/2000 SUPPLIES 055-4170-450.33-30 021-4150-410.33-30 021-4150-410.33-30 xzoo 09/07/2000 000sor oo 021-4150-410.33-30 SUPPLIES xsoo 09/07/2000 000szo oo 021-4150-410.ss -so SUPPLIES 09/07/2000 0000000 oo/oo/0000 0001001 PIERCE eLn»maINn 09/07/2000 0000000 oo/oo/0000 0001001 PIERCE eLrm«BImo 09/07/2000 0000000 oo/oo/0000 0001001 PIERCE ezUnmaINn 09/07/2000 0000000 oo/oo/0000 0001001 PIERCE eLomBImo 09/07/2000 0000000 oo/oo/0000 0001001 PIERCE eLonBImn 09/07/2000 0000000 oo/oo/0000 0001001 PIERCE eLonmaINn oy/or/z000 000000» »»/»»/»»»» 000looz PIERCE PLUMBING oy/or/0000 0000000 oo/oo/0000 000zooz PIERCE PLUMBING oe/or/0000 o»»»»»» »»/»»/»»»» 0001001 PIERCE PLUMBING oy/or/0000 0000000 »»/»»/»»»» 0001001 PIERCE PLUMBING oy/or/0000 0000000 Oo/oo/0000 0001001 PIERCE ezansaI»xs oy/or/0000 0000000 oo/oo/000O 68.83 09/07/2000 0000000 oo/oo/0000 09/07/2000 0000000 oo/oo/0000 09/07/2000 0000000 oo/oo/0000 0000813 P.D. PETTY caoa REQUEST m 0000813 P.D. PETTY cAoa REQUEST N 0002661 PACIFIC azuzEo cooeonxcrzn sssr m 0002661 PACIFIC azuzEa cooeonAzzn ssrz N ororr N - oruyz._ N PREPARED 08/25/2000, 13:33:27 PROGRAM: GM313U GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED BY GROUP UPDATED BY 00054 ACCOUNTS PAYABLES 02/2001 MIMIR MIMIR MIMIR City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST PAGE 5 REPORT NUMBER TRANS* TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 6600 09/07/2000 000511 00 021-4150-410.33-30 SUPPLIES 6700 09/07/2000 000512 00 021-4150-410.33-30 SUPPLIES 4400 09/07/2000 000489 00 050-9000-450.33-30 SUPPLIES 9800 09/07/2000 000543 00 010-1210-412.36-25 ADVERTISING FEES 5200 09/07/2000 000497 00 010-3300-431.33-30 SUPPLIES 6400 09/07/2000 000509 00 021-4150-410.33-50 SUPPLIES 6900 09/07/2000 000514 00 021-4150-410.34-05 TREES TRIMMED 5300 09/07/2000 000498 00 010-1200-412.21-10 SUPPLIES 5400 09/07/2000 000499 00 010-1400-414.21-10 SUPPLIES 5500 09/07/2000 000500 00 010-1700-417.21-10 SUPPLIES 5600 09/07/2000 000501 00 010-2500-425.21-10 SUPPLIES 3400 09/07/2000 000479 00 010-3100-431.21-10 SUPPLIES 3500 09/07/2000 000480 00 010-2500-425.21-10 SUPPLIES 3600 09/07/2000 000481 00 074-0000-103.12-25 EMPLOYEE COMPUTER PURCHAS 3700 09/07/2000 000482 00 010-3100-431.21-10 SUPPLIES 09/07/2000 0000000 00/00/0000 0002606 PRESS ENTERPRISE 09/07/2000 0000000 00/00/0000 0000597 QUALITY AUTO PARTS 09/07/2000 0000000 00/00/0000 0000597 QUALITY AUTO PARTS 09/07/2000 0000000 00/00/0000 0000837 QUAST TREE SERVICE 09/07/2000 0000000 00/00/0000 0002405 RELIABLE 09/07/2000 0000000 00/00/0000 0002405 RELIABLE 09/07/2000 0000000 00/00/0000 0002405 RELIABLE 09/07/2000 0000000 00/00/0000 0002405 RELIABLE 09/07/2000 0000000 00/00/0000 0000420 STAPLES 09/07/2000 0000000 00/00/0000 0000420 STAPLES 09/07/2000 0000000 00/00/0000 0000420 STAPLES 09/07/2000 0000000 00/00/0000 0000420 STAPLES 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 PROJ P.O. VENDOR VENDOR NAME DUE DATE CHECK# CHECK DATE TYPE LAST TRANS INVOICE NUMBER 0001001 PIERCE PLUMBING 27882 N 0001001 PIERCE PLUMBING 27893 N 0000924 PIONEER AMERICAS, INC. 53649 N 1022518 N D364629 N D366712 STMT N SST54700 N SST54700 N SST54700 N SST54700 N STMT N OUNT SC/RETAINAGE 1.59 3.22 1,710.28 5.92 28.97 2,800.00 23.88 52.50 12.96 144.96 462.89 325.87 1,763.53 246.28 PREPARED ua/as/auuu' 13.33.27 PROGRAM: omazao GROUP NUMBER . AccoroTImo PERIOD: GROUP USER zo . GROUP CREATED BY . GROUP UroarEo BY . uu s4 accornmS easAsLEo oa/zuuz MIMIR MImIa mzmIR City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST roxmS# TRANS DATE voncaER Bo ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 aauu 09/07/2000 uuu«aa uu 010-1700-417.21-10 SUPPLIES aouu 09/07/2000 uuu«a« uu usu-yuuu-*su.az-zu SUPPLIES «uuu 09/07/2000 uuu«as uu 025-7100-410.21-35 SUPPLIES «zuu 09/07/2000 uuu«as uu uaz-«zsu-«zu.aa-au SUPPLIES «auu 09/07/2000 000487 uu uzu-azuu-«az.az-zo SUPPLIES yzuu 09/07/2000 uuusas uu uzu zazu-«za.au-yu EmPLosMonrr PoYacIAL yauu 09/07/2000 000537 uu uzu-zazu-«za.au-yu EMPLOYMENT PHYaIAL yauu 09/07/2000 uuusaa uu 010-1210-412.30-90 EMPLOYMENT PeYacIxuL y«uu 09/07/2000 uuusay uu uzu-zazu-«za.au-yu EMPLOYMENT PHracIxuL sauu 09/07/2000 uuusua uu uzu asuu-«as.aa zu AIR comoIzIomImn MuImzsNA 7100 09/07/2000 uuuszs uu 092-9700-470.60-15 aoeoBA SPRINGS REDEVELOP PROJECT 7200 09/07/2000 000517 uu 092-9700-470.60-10 aoeoBA aPozmoa REoonnsLoP PROJECT 7300 09/07/2000 uuusza uu u*a-asuz-«su.su-zs aoeoeA aPRI»n»a PROJECT 7400 09/07/2000 uuuszy uu u«a-asuz-«su.su-zu aoeoeA aPRIxx»a PROJECT 7500 09/07/2000 uuusau uu usu-yuuu-«su.au-yu WATER IMPROVEMENT PROJECT INVOICE NUMBER uuuu«au STAPLES ozMT 09/07/2000 ouuuuou uu/oo/uuou N uuou«ao STAPLES ozoT 09/07/2000 uuouuuu uu/uo/uuuu m ouuu«au STAPLES o7rT 09/07/2000 uuuuuuu ou/uu/uoou m.D. RABED000 _ N uuuaaya SUBBARAYAN uRIaoNAN, M.D. czmSz000 09/07/2000 uuuouuo uu/uu/ouuo m ouuaaya azoBBAaArAN nRIaamAN' M.D. HozMz000 09/07/2000 uuuuuuu 00/08/0000 — zx ' .o. vzunDa000 09/07/2000 0000000 00/00/0000 N' 09/07/2000 »»»«»»» »»/»»/»»»» N azzMT 26,943.92 PRoJ P.O. nEmoom VENDOR mzmxE DUE DATE ceEcK# CHECK DATE TYPE LAST TRANS uuuu«zu STAPLES 09/07/2000 uuuuuou »»/»»/»»»» ouuu«au STAPLES 09/07/2000 uouuuoo ou/ou/uuuu uuuzaya SUBBARAYAN xRIaonAoo' 09/07/2000 uuuuuuu »»/»»/»»»» ouuzaya an13exuRoomv nRIaemxun' 0000372 zovIom BANK 09/07/2000 uuuuuuu ou/uU/Vuuu 0000372 nmIom 09/07/2000 »»»»»»» 0000372 UNION 09/07/2000 uuuuuuu 0000372 UNION 09/07/2000 uo»»»»» 0000372 UNION 09/07/2000 uuuuuuu BANK oo/uu/uuuo BANK uu/uo/uuou BANK� uu/ou/Vuuu BANK uo/uu/ouuu 20,000.00 18'250'63��m��� 20,000-00 3,671.23 PREPARED 08/25/2000, 13:33:27 PROGRAM: GM313U GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED BY GROUP UPDATED BY 00054 ACCOUNTS PAYABLES 02/2001 MIMIR MIMIR MIMIR City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE 9500 09/07/2000 000540 00 092-9700-470.30-90 SOBOBA SPRINGS PROJECT 9600 09/07/2000 000541 00 043-8501-450.30-90 SOBOBA SPRINGS PROJECT 5700 09/07/2000 000502 00 050-9000-450.33-30 SUPPLIES 4300 09/07/2000 000488 00 050-9000-450.33-10 SUPPLIES 5800 09/07/2000 000503 00 050-9000-450.33-10 SUPPLIES 3300 09/07/2000 000478 00 010-8400-425.34-05 SALLEE POOL MAINTENANCE 8700 09/07/2000 000532 00 025-7250-410.34-05 GRAFITTI REMVOAL PROGARM 6800 09/07/2000 000513 00 021-4150-410.33-30 SUPPLIES COUNT: AMOUNT: GROUP TOTALS 98 127,295.58 0000372 UNION BANK 5 09/07/2000 0000000 00/00/0000 N 0000372 UNION BANK 18 09/07/2000 0000000 00/00/0000 N 0002084 USA BLUE BOOK 358316 09/07/2000 0000000 00/00/0000 N 0000360 VALLEY ELECTRIC 345 09/07/2000 0000000 00/00/0000 N 0000360 VALLEY ELECTRIC 336 09/07/2000 0000000 00/00/0000 N 0000340 VALLEY WIDE RECREATION REQUEST 09/07/2000 0000000 00/00/0000 N 0000340 VALLEY WIDE RECREATION 1070 09/07/2000 0000000 00/00/0000 N 0000316 WESTERN HIGHWAY PRODUCTS 333122 09/07/2000 0000000 00/00/0000 N 2,866.89 2,003.06 1,252.34 537.03 1,273.67 4,833.34 1,659.75 1,823.28 PREPARED 08/25/2000, 13:33:27 City or San Jacinto PROGRAM: GM313U GROUP NUMBER 00056 ACCOUNTS PAYABLES ACCOUNTING PERIOD: 02/2001 GROUP USER ID MIMIR GROUP CREATED BY MIMIR GROUP UPDATED BY MIMIR ACCOUNTS PAYABLE UPDATE LIST TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE 5700 09/07/2000 000684 00 021-4150-410.33-30 0000946 A-1 LOCK & KEY SERVICE 26285 12.39 SUPPLIES 09/07/2000 0000000 00/00/0000 N 2200 09/07/2000 000649 00 010-3300-431.21-10 0000952 ARROW PRINTING 1677 113.14 SUPPLIES 09/07/2000 0000000 00/00/0000 N 2600 09/07/2000 000653 00 010-2500-425.21-10 0000952 ARROW PRINTING 1661 463.33 SUPPLIES 09/07/2000 0000000 00/00/0000 N 4600 09/07/2000 000673 00 025-7100-410.33-10 0000985 B & W PIPE & SUPPLY 41204 33.19 SUPPLIES 09/07/2000 0000000 00/00/0000 N 1600 09/07/2000 000643 00 010-3100-431.31-20 0000998 BRYAN VIG REQUEST 595.00 SUBSISTENCE FOR SEMINAR B. VIG ATTENDING 09/07/2000 0000000 00/00/0000 N 1800 09/07/2000 000645 00 010-3100-431.31-20 0000998 BRYAN VIG REQUEST 476.00 SUBSISTENCE FOR SEMINAR B. VIG ATTENDING 09/07/2000 0000000 00/00/0000 N 1900 09/07/2000 000646 00 010-3100-431.31-20 0000998 BRYAN VIG REQUEST 476.00 SUBSISTENCE FOR SEMINAR B. VIG ATTENDING 09/07/2000 0000000 00/00/0000 N 800 09/07/2000 000635 00 025-7252-410.33-30 0000242 C.E.D. 2983-12667 54.05 SUPPLIES 09/07/2000 0000000 00/00/0000 N 4200 09/07/2000 000669 00 025-7100-410.33-10 0000242 C.E.D. 2983-12618 39.47 SUPPLIES 09/07/2000 0000000 00/00/0000 N 4300 09/07/2000 000670 00 025-7252-410.33-30 0000242 C.E.D. 2983-12463 52.10 SUPPLIES 09/07/2000 0000000 00/00/0000 N 4400 09/07/2000 000671 00 025-7260-410.21-30 0000242 C.E.D. 2983-12502 362.95 SUPPLIES 09/07/2000 0000000 00/00/0000 N 6900 09/07/2000 000696 00 022-4150-410.40-01 0002938 CDE RESOURCES, INC. 800004 6,450.00 LAKE PARK DRIVE/GILMAN 09/07/2000 0000000 00/00/0000 N 1400 09/07/2000 000641 00 065-0000-103.12-07 0002455 CENTRAL COUNTY UNITED WAY 342 544.86 ALESSANDRO/MEAD CLEAN UP 09/07/2000 0000000 00/00/0000 N 3500 09/07/2000 000662 00 022-4150-410.40-01 0000553 CITY OF HEMET STMT 20,000.00 ESPLANADE/KIRBY INTERSECT 09/07/2000 0000000 00/00/0000 N 4900 09/07/2000 000676 00 025-7252-410.40-45 0002464 COMSERCO 60580166 668.56 SUPPLIES 09/07/2000 0000000 00/00/0000 N PREPARED 08/25/2000, 13:33:27 PROGRAM: GM313U GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED BY GROUP UPDATED BY 00056 ACCOUNTS PAYABLES 02/2001 MIMIR MIMIR MIMIR City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST PAGE REPORT NUMBER TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE 5000 09/07/2000 000677 SUPPLIES 4500 09/07/2000 000672 SUPPLIES 3700 09/07/2000 000664 CONSTRUCTION OBSERVATION 1100 09/07/2000 000638 PLANNING COMMISSIONER 1500 09/07/2000 000642 SUPPLIES 3300 09/07/2000 000660 SUPPLIES 4700 09/07/2000 000674 UTILITY WATER BILLING 4800 09/07/2000 000675 UTILITY WATER BILLING 6600 09/07/2000 000693 SERVICES RENDERED 100 09/07/2000 000628 MAIL SUPPLIES 3400 09/07/2000 000661 ADVERTISING FEES 5500 09/07/2000 000682 SUPPLIES 7000 09/07/2000 000697 SUPPLIES 7100 09/07/2000 000698 SUPPLIES 7200 09/07/2000 000699 SUPPLIES 00 025-7100-410.33-10 00 028-7100-410.40-01 00 010-4100-410.30-94 MERIDIAN 00 010-1700-417.30-90 00 050-9000-450.33-30 00 050-9000-450.33-30 00 025-7250-410.35-10 00 025-7250-410.35-10 00 010-3300-431.30-90 00 010-2500-425.21-10 00 010-1700-417.36-25 00 010-2500-425.21-10 00 021-4150-410.33-30 00 021-4150-410.33-30 00 021-4150-410.33-30 0002464 COMSERCO 09/07/2000 0000000 00/00/0000 0002911 COTTONWOOD GROWERS 09/07/2000 0000000 00/00/0000 0102650500100 N 088318 N 0000252 COZAD AND THOMSEN, INC. 0011041 09/07/2000 0000000 00/00/0000 N 0002782 DIANA TAVENNER 09/07/2000 0000000 00/00/0000 REQUEST N 0000949 E.S. BABCOCK & SONS, INC. 120506 09/07/2000 0000000 00/00/0000 N 0000949 E.S. BABCOCK & SONS, INC. 120428 09/07/2000 0000000 00/00/0000 N 0000460 EASTERN MUNI.WATER DIST. STMT 09/07/2000 0000000 00/00/0000 N 0000460 EASTERN MUNI.WATER DIST. STMT 09/07/2000 0000000 00/00/0000 N 0000476 ESGIL CORPORATION 09/07/2000 0000000 00/00/0000 0000484 FEDERAL EXPRESS 09/07/2000 0000000 00/00/0000 0000566 HEMET NEWS 09/07/2000 0000000 00/00/0000 0000299 HEMET RUBBER STAMP 09/07/2000 0000000 00/00/0000 SJT0800933 N 552356165 N 04524947001 N 28311 N 0002641 HOME DEPOT CREDIT SERVICE STMT 09/07/2000 0000000 00/00/0000 N 0002641 HOME DEPOT CREDIT SERVICE STMT 09/07/2000 0000000 00/00/0000 N 0002641 HOME DEPOT CREDIT SERVICE STMT 09/07/2000 0000000 00/00/0000 N 147.97 592.63 270.00 100.00 15.00 540.00 21.20 10.04 1,443.52 21.46 203.46 27.42 194.84 91.76 38.33 PREPARED no/zs/znnn' 13.33.27 raoanuM. GM313o GROUP NUMBER ACCOUNTING GROUP USER zo ozuzoP czuzArEo BY GROUP UPDATED BY nnnss Accoo»mS eoaAoLEa nz/znn1 MzMza mzMza MzMza City of San Jacinto PAGE 10 accoomzo sAraBTm UPDATE Lzoz REPORT NUMBER 5 zoxNa# TRANS DATE voocHEa eo AccoorT mrmmsER DESCRIPTION 1 DESCRIPTION 2 7300 09/07/2000 000700 nn 021-4150-410.33-sn SUPPLIES 7400 09/07/2000 000701 nn 021-4150-410.33-sn SUPPLIES rsnn 09/07/2000 000702 nn 021-4150-410.33-30 aoeeLIEa 7600 09/07/2000 nnnrns nn 055-4170-450.33-30 aoeeLzEa 7700 ny/nr/znnn 000704 nn 055-4170-450.33-30 aoeeLzEa 7800 09/07/2000 000705 nn 055-4170-450.33-30 aoeeLIEa 7900 09/07/2000 000706 nn 050-9000-450.33-10 aoeeLzEa onnn 09/07/2000 nnnrnr nn 028-7100-410.40n1 ooeeLzEo 8100 09/07/2000 000708 nn 055-4170-450.33sn aoeeLzEa oznn ny/nr/znnn 000709 nn 010-2500-425.331n aUeeLzEa osnn ny/nr/znnn 000710 nn 028-7100-410.40-01 aoeeLzEa sonn ny/ sss nn 052-9012-450.40-01 WATERLINE cnNozRoczzom 1300 09/07/2000 000640 nn 010-1700-417.30-90 PLANNING COMMISSIONER 400 09/07/2000 000631 nn 021-4150-410.21-35 UNIFORM SUPPLIES snn ny/nr/znnn nnnssz nn 025-7100-410.21-35 UNIFORM SUPPLIES PacJ P.O. nEmooa VENDOR oouyo INVOICE NUMBER DUE DATE ceEco# caEco DATE TYPE LurrTRANS ' 0002641 aomE oEenz caEozz aEnvzcE ozno 09/07/2000 nnnnnnn no/nn/nnnn N 0002641 aomE oEenz caEozz aEavzcEazn«r ny/nr/znnn nnnnnnn nn/nn/nnnn m 0002641 HOME DEPOT coEozz oEovzcE ouMT ny/nr/znnn nnnnnnn oo/oo/0000 N' 0002641 HOME DEPOT CoEozz oEovzcE SzMz 09/07/2000 nnnnnnn oo/oo/0000 m 0002641 aonE oEeoz cnEozz oEovzcE SzMz ny/nr/znnn nnnnnnn oo/oo/0000 m ' 0002641 000E DEPOT cREozz SERVICE ozrT ny/nr/znnn nnnnnnn 00/00/0000 N 0002641 HOME oEeoz CREDIT oEonzcE azMT ny/nr/znnn nnnnnnn oo/oU/0000 N 0002641 HOME oEeoz cREozz oEovzcE azMT ny/nr/znnn nnnnnnn oo/oo/0000 N' 0002641 HOME oEeoz cREozz SERVICE ozoT ny/nr/znnn nnnnnnn oo/oo/0000 N 0002641 HOME DEPOT cREorr SERVICE oorT ny/nr/znnn nnnnnnn oo/oo/0000 zu 0002641 oomE oEeoz cREozz SERVICE ozsz ' 09/07/2000 0000000 oo/oo/0000 N 09/07/2000 0000000 oo/oo/0000 - �m .- 0002797 KATHY MaoDowo REQUEST os/or/z000 0000000 oo/oo/oUbU .m 0000732 MISSION UNIFORM SERVICES, STMT 09/07/2000 0000000 oo/oo/000U m 0000732 m000zcN UNIFORM oEovzcEo,/aoMT' ' 09/07/2000 0000000 00/00/0000 zo PREPARED 08/25/2000, 13:33:27 PROGRAM: GM313U GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED BY GROUP UPDATED BY 00056 ACCOUNTS PAYABLES 02/2001 MIMIR MIMIR MIMIR City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE 600 09/07/2000 UNIFORM SUPPLIES 000633 700 09/07/2000 000634 UNIFORM SUPPLIES 5100 09/07/2000 000678 UNIFORM SUPPLIES 200 09/07/2000 000629 SUPPLIES 300 09/07/2000 000630 SUPPLIES 3900 09/07/2000 000666 SUPPLIES 4000 09/07/2000 000667 SUPPLIES 4100 09/07/2000 000668 SUPPLIES 5800 09/07/2000 000685 SUPPLIES 5900 09/07/2000 000686 SUPPLIES 6000 09/07/2000 000687 SUPPLIES 6100 09/07/2000 000688 SUPPLIES 6200 09/07/2000 000689 SUPPLIES 6300 09/07/2000 000690 SUPPLIES 00 055-4170-450.21-35 00 021-4150-410.21-35 00 010-7400-425.34-05 00 021-4150-410.33-50 00 021-4150-410.33-50 00 025-7100-410.33-10 00 025-7100-410.33-10 00 025-7100-410.33-10 00 021-4150-410.33-50 00 021-4150-410,33-50 00 021-4150-410.33-50 00 021-4150-410.33-50 00 021-4150-410.33-50 00 021-4150-410.33-50 2100 09/07/2000 000648 00 010-3100-431.31-20 MILEAGE REIMBUSEMENT 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 0000732 MISSION UNIFORM SERVICES, STMT N 0000732 MISSION UNIFORM SERVICES, STMT N 0000732 MISSION UNIFORM SERVICES, STMT N 0000597 QUALITY AUTO PARTS D366783 N 0000597 QUALITY AUTO PARTS D368823 N 0000597 QUALITY AUTO PARTS D367212 N 0000597 QUALITY AUTO PARTS D367958 N 0000597 QUALITY AUTO PARTS D366963 N 0000597 QUALITY AUTO PARTS D369229 N 0000597 QUALITY AUTO PARTS D365644 N 0000597 QUALITY AUTO PARTS D368722 N 0000597 QUALITY AUTO PARTS D367021 N 0000597 QUALITY AUTO PARTS D367086 N 0000597 QUALITY AUTO PARTS D368687 N 0002894 RADEK HORKEL REQUEST N 214.00 58.35 20.70 18.19 15.81 11.83 43.56 4.93 16.08 5.26 14.26 43.6 42.17 85.94 39.00 PREPARED 08/25/2000, 13:33:27 PROGRAM: GM313U GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED BY GROUP UPDATED BY 00056 ACCOUNTS PAYABLES 02/2001 MIMIR MIMIR MIMIR City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST PAGE 12 NUMBER 5 TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE 2000 09/07/2000 000647 00 010-3100-431.31-20 MILEAGE REIMBUSEMENT 2300 09/07/2000 000650 00 010-2500-425.21-10 SUPPLIES 2400 09/07/2000 000651 00 096-9700-470.21-10 SUPPLIES 2500 09/07/2000 000652 00 010-1700-417.21-10 SUPPLIES 5600 09/07/2000 000683 00 059-8052-450.34-05 REFUND OF SOLID WASTE DISPOSAL FEES 6800 09/07/2000 000695 00 055-4170-450.31-20 SEMINAR R.PROZE, R.BARSZ S.CAMBRA ATTENDING 3600 09/07/2000 000663 00 010-3300-431.40-01 PROJECT MANAGEMENT 5200 09/07/2000 000679 00 010-2500-425.21-10 SUPPLIES 5300 09/07/2000 000680 00 010-1100-411.21-10 SUPPLIES 2700 09/07/2000 000654 00 010-7400-425.33-10 AIR CONDITIONER REPAIR 900 09/07/2000 000636 00 010-1700-417.30-90 PLANNING COMMISSIONER 1000 09/07/2000 000637 00 010-1700-417.30-90 PLANNING COMMISSIONER 6700 09/07/2000 000694 00 055-4170-450.31-20 SEMINAR FEES R.PROZE, R.BARSZ, S.CAMBRA ATTEND 6400 09/07/2000 000691 00 021-4150-410.33-30 SUPPLIES 6500 09/07/2000 000692 00 010-1210-412.36-25 ADVERTISING FEES 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 09/07/2000 0000000 00/00/0000 0002927 RANDY YORK REQUEST N 0002405 RELIABLE SVC33000 N 0002405 RELIABLE SVC33000 N 0002405 RELIABLE SVC33000 N 0000947 RIVERSIDE COUNTY OFFFICE REQUEST N 0001762 RONALD PROZE REQUEST N 0002836 SIERRA COMPUTER SYSTEMS I 26829 N 0000440 SMART & FINAL 32100 N 0000440 SMART & FINAL 42100 N 0002377 SPARKS HEATING & AIR 34265 N 0002781 STEVE WARNEKE REQUEST N 0002403 TIM DUNLAP REQUEST N 0000947 TRI-STATE SEMINAR ON THE REQUEST N 0002798 VULCAN MATERIALS COMPANY 676957 N 0001083 WESTERN CITIES MAGAZINE 34579 N 42.64 19.65 135.56 141.7 _..R� 2,383.05 632.25 46.00 36.87 134.70 105.00 100.00 100.0. 120.00 56.05 450.00 PREPARED 08/25/2000, 13:33:27 PROGRAM: GM313U GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED BY GROUP UPDATED BY 00056 ACCOUNTS PAYABLES 02/2001 MIMIR MIMIR MIMIR TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 1200 09/07/2000 000639 00 010-1700-417.30-90 PLANNING COMMISSIONER 2800 09/07/2000 000655 00 055-4170-450.21-10 COPIER SERVICE 2900 09/07/2000 000656 00 025-7100-410.21-35 COPIER SERVICE 3000 09/07/2000 000657 00 021-4150-410.21-10 COPIER SERVICE 3100 09/07/2000 000658 00 010-2500-425.34-05 COPIER SERVICE 3200 09/07/2000 000659 00 010-2500-425.34-05 COPIER SERVICE 5400 09/07/2000 000681 00 010-2500-425.21-10 COPIER SERVICE COUNT: AMOUNT: GROUP TOTALS 82 43,946.65 City, of San Jacinto ACCOUNTS PAYABLE UPDATE LIST PROJ P.O. VENDOR VENDOR NAME DUE DATE CHECK# CHECK BATE TYPE LAST TRANS' 0002796 WILLIAM A. BROWN 09/07/2000 0000000 00/00/0000 0000307 XEROX 09/07/2000 0000000 0000307 XEROX 09/07/2000 0000000 0000307 XEROX 09/07/2000 0000000 0000307 XEROX 09/07/2000 0000000 0000307 XEROX 09/07/2000 0000000 0000307 XEROX 09/07/2000 0000000 CORPORATION 00/00/0000 CORPORATION 00/00/0000 CORPORATION 00/00/0000 CORPORATION 00/00/0000 CORPORATION 00/00/0000 CORPORATION 00/00/0000 INVOICE NUMBER REQUEST N 076691671 N 076691671 N 076691671 N AGENDA MINUTES REGULAR MEETING SAN JACINTO CITY COUNCIL August 17, 2000 SJUSD Board Room 2045 S. San Jacinto Avenue San Jacinto, California 1. ORGANIZATION 1.1 Mayor Williams called the regular City Council meeting to order at 7: 07 p.m., with the following members present: Ayres, Good, Carlson Buydos, and Williams (Conner arrived at 7:22 p.m.) Absent: None Lt. Patricia Poochigian, The Salvation Army gave the invocation. The pledge of allegiance was led by Vice Mayor Ayres. SPECIAL PRESENTATIONS - None 2. PUBLIC COMMENTS: None 3. PUBLIC HEARING: None 4. CITY DEPARTMENTS 4.1 Receive Oral Report from Andre Landscape Service Mayor Williams called on Parks Superintendent Sanchez who introduced Joe Cotroneo for the presentation of Andre Landscape Service monthly report, and addressed the Council on the City's plan of action in response to the complaints received at the neighborhood meeting of Saturday, August 12, 2000. Mr. Cotroneo provided the City with a written monthly report detailing the extra work performed for the City at no charge, and as a courtesy to the City for keeping their services. No action taken. 5.0 CONSENT CALENDAR - CITY COUNCIL Adopt Resolution No's 2262, authorizing signers for bank accounts at Bank of Hemet; Resolution No. 2263, authorizing a facsimile signature agreement for bank accounts at Bank of Hemet; Resolution No. 2264, authorizing a wire transfer agreement between the City and Bank of Hemet; and Resolution No. 2267, authorizing an automated clearing house agreement between the City and Bank of Hemet. 5.2 Reject Claim Against the City of San Jacinto - Kathi Allen 5.3 Adopt Resolution No. 2266 Declaring San Jacinto Police Department Vehicles as Surplus to the Needs of the City 5.4 Ordinance No. 1080 - Downtown Overlay Zone - Second Reading (Waive the Reading in full and read by title only) 5.5 Approve Warrant Register for Warrants, Prepaid Checks and Payroll Checks 5.6 Receive Treasurer's Report - July 2000 5.7 Approve Minutes of Regular Meeting of August 3, 2000 5.8 Approve the Final Extension of Time - Tract 27797- A 43-lot Single Family Subdivision on Approximately 8.39 acres, located on the South Side of Quandt Ranch Road and the Northerly Extension of Western Village Drive Council Member Carlson Buydos asked for clarification of Consent Calendar Item No. 5.3 regarding the process the City has established for declaring surplus property. Commander Backlund explained the process the department follows to declare surplus property. The process entails the unmarking of city vehicles and subsequent sale at an auction, with a 10% profit margin to the broker. Vice Mayor Ayres asked that corrections be made to the Minutes of August 3, 2000, vote action for Agenda Item No. 4.2 - Ayes: Good, Carlson Buydos, and Williams. Noes: Ayres and Conner. Council Member Conner arrived to the meeting at 7:22 p.m. 2 M/S/C (CARLSON BUYDOS/AYRES) to approve Consent Calendar Item No.'s 5.1 - 5.8, with corrections to Page No. 6 of City Council Minutes of August 3, 2000. Ayes: Ayres, Good, Carlson Buydos, Conner, and Williams Noes: None 6.0 MAYOR/COUNCIL MEMBER REPORTS/DISCUSSIONS 6.1 Mayor Williams reported on the Neighborhood meeting at Rancho Park on August 12, 2000. 6.2 Council Member Good reported on the Estudillo Mansion meeting changes to the 1St and 3' Saturdays of the month at the Estudillo Mansion. The Committee is also considering the operations of a library in the Mansion, as well as the various requests from the public for the use of the facilities. She requested the City provide a staff member to coordinate and process the requests of the facilities to expedite the process to the public. City Manager Wager responded the City needs to address different issues before giving consideration for the public use of the Mansion facilities. Some of these issues are: consumption of alcohol, liability insurance, etc. This item is addressed in the City's Goals and Objectives Implementation Plan being presented to the Council for approval at the first meeting in September. 6.3 Council Member Conner reported on the tour of the Lake Park Drive Bridge on August 4", WRCOG upcoming meeting of August 28th, VEDC meeting on August 4`11, and RTA open house at the Hemet Airport. 6.4 Vice Mayor Ayres reminded the rest of the Council regarding the dedication of Skyview Park on Saturday, August 12' from 8:30 a.m. - 10:30 a.m. He also reported Congresswoman Bono will be one of the speakers at the Bridge Inauguration on December 2, and the interest of Mr. Dirk Gaudet in assisting the City with the design of the Millennium Bridge Monument, and the Master Plan for the Estudillo Mansion. 6.5 Council Member Carlson Buydos reported on the meeting attended earlier in the morning regarding Groundwater Management. Mayor Williams recessed to the Redevelopment Agenda at 7:52 p.m. 3 7.0 CLOSED SESSION: 7.1 Conference with Legal Counsel - ,Litigation: Park Manor No action taken. 8.0 ADJOURNMENT at 9:30 p.m. Grace Alvarez, City C: erk AGENDA ITEM 5 TO: The Honorable City Council FROM: Raul A. Ramos, Chief of Police SUBJECT: Emergency Managers Assistance Grant for Western County Disaster Net Radio RECOMMENDATION: Authorize the Emergency Services Coordinator to apply for an Emergency Managers Assistance Grant to install a Western County Disaster Net Radio. BACKGROUND: All organizations within the Riverside County Operational Area must have a common mode of communication to be able to communicate with each other during an emergency situation. East County and West County have a common frequency for disaster communications and coordination. Our City currently does not have a radio equipped to use this frequency. The Emergency Managers Assistance Grant provides funds to help pay for emergency services and equipment. The grant funds are provided by FEMA and the program is administered by the Emergency Services Office of the Riverside County Fire Department The radio is to be provided at no cost to the City. The normal cost of the radio alone is $1470. The total cost of the antenna, power supply, and installation is $1158.83. The grant will pay 51% of this cost, or $591.00, leaving the cost to the City of $567.83. The radio will be installed in the Police Dispatch Center. JUSTIFICATION: The Western County Disaster Net Radio will provide emergency communications with other agencies in western Riverside County. BUDGETARY IMPACT: The city's cost of $567.83 would be taken from 010-3100-431-2190, Other Supplies. ATTACHMENTS: 1. Estimate from Comtronix of Hemet A0(1-23 -00 WED 10:30 FAX NO, 9o9955p- P. 03/03 6-01 -.200 3. 08PM FRG. COIITRON I COMThONIX OF HEMET 3501 Tanya Avenue Suite H HEMET, CALIFORNIA 92545 TEL (909) 925.7539 FAX (909) 925.8306 KIN; : MIDLAND PA,R.I.'S / EQ.0 1 PMENT Qrr FART NUMBER utScRIPTION - -- I CO-36 BASE ANTENNA I. 290 CLAMP SET Z Z5620 PO14ER StIl'I'Ll" IAEMET .43O.9 925 8306 P. N VC) I CJE INVOICE NUMBER: - - 34 U:414 INVOICE DATE: 06/01/00 P. O. NUMZER: ACCOUNT NtiMITEK - -100 I S/N; UNIT f; ......... SERV! CE PERFORMED INSTALLATION Or BASE STAT oN , ANTENNA AND ACCTS , WI Li. CHECK FOR PROPER OPERATJONS , TECH t NAM 5 BR I AN STANGE sIGNATURE D* : viT : --10001 PRICE EXTENDED 450,00 55.00 125,00 450-00 55,00 125.00 STATUS RATE HOURS EXTENDED hILYT ZONE TECH-RT S0,00 6.00 480,00 LABOR TOTAL EQUIP/PARTS TOTAL. MILEAGE * TRAVEL SHIPPING SUB TOTAL TAX FINAL TOTAL RATE 0,00 480.00 630.00 0.00 0.00 1110.00 45.63 $1L5S.83 TERMS; cAal ON DELIvERT FULL PAYMENT RLQO. SIGNATURE ET CUSTOMER OR AUTHORIZED REPRESENTATWE CONSTITUTES ACCEPTANCE OF woRKIMANSHIP, MATERIALS, AND INVOICING TERMS. TO: FROM: The Honorable City Council Planning Director SUBJECT: Adopt Proclamation and Resolution No. 2254 Imple County in the West Program RECOMMENDATION: en ing the Cleanest By motion, adopt the attached Proclamation and Resolution No. 2254 implementing the Cleanest County in the West. BACKGROUND: The Western Riverside Council of Governments (WRCOG) is embarking upon a program called the Cleanest County in the West. The program contains two main elements, a litter abatement element and an illegal dumping element. The intent of the program is to reduce the amount of litter, reduce the occurrences of illegal dumping, clean-up member communities, increase container recycling and enhance community pride. The structure of the litter abatement program revolves around special events or large venues. Essentially, the program would provide for the collection of beverage containers at these events. Additionally, educational materials will be created and distributed at these events, distributed curbside by local waste collection haulers and disseminated by local governments with utility bills. Also, community "pride" clean-up events will be conducted, slogan and coloring contests will be created, clean campus competitions will be established, and adopt a street and neighborhood campaigns will be commenced. The illegal dumping abatement campaign will entail the systematic and coordinated clean up of impacted streets, vacant lots and other blighted properties. Additionally, stepped -up code enforcement programs in targeted areas and educational programs advocating the reporting of illegal dumping are also intended to reduce illegal dumping. Once areas are cleaned up, neighborhood pride signs will be posted encouraging continued participation and the reporting of illegal dumping to law enforcement. JUSTIFICATION The programs will increase beverage container recycling, increase AB939 diversion rates and reduce the blight associated with litter and illegal dumping. BUDGETARY IMPACT: Funding for the litter abatement program is proposed to be derived by pooling WRCOG member agencies allocations of recycling and litter abatement funds from the Department of Conservation's Division of Recycling. Funding for the illegal dumping abatement campaign will be derived from grants made available by the California Integrated Waste Management Board. WRCOG is working with the appropriate agencies to get the necessary funding to help member communities institute the programs ATTACHMENTS: 1 - Proclamation 1 - Resolution 2254 PROCLAMATION Research by Keep America Beautiful, Inc. found that people litter because: They feel no sense of ownership, even though areas such as parks and beaches are public property. They believe someone else -a park maintenance, city employee, or highway worker -will pick up after them. Litter has already accumulated. Litter is a costly problem. Highway departments spend millions of tax dollars and many hours annually picking up litter thereby utilizing money and time needed for more important services. Local, state, and federal governments also spend needed and valuable resources removing litter left by careless motorists, tourists, and residents. WHEREAS, the City of San Jacinto has concluded that the elimination of litter and illegal dumping will improve the regions environmentally, aesthetically, and economically; and WHEREAS, a plan submitted to the California Department of Conservation's Division of Recycling for funding under the California Beverage Container and Litter Reduction Act by the Western Riverside Council of Governments on behalf of its member jurisdictions encompasses the principal and policies of the Riverside County Cleanest County in the West Champaign; and WHEREAS, the Cleanest County in the West Program identifies the methods and means by which litter and illegal dumping can be reduced or eliminated through a comprehensive, integrated, area -wide, and regional litter reduction and illegal dumping elimination program which compliments the individual cities Source Reduction and Recycling Elements, while improving communication, enhancing public educational efforts, and instilling community pride in our neighborhoods; and WHEREAS, participation in the Cleanest County in the West Program minimizes individual jurisdictional duplication of effort, achieves economies of scale and provides assistance to all participating jurisdictions in eliminating litter and illegal dumping while increasing the recycling of beverage containers and other recyclables; and NOW THEREFORE, THE CITY OF SAN JACINTO DOES HEREBY PROCLAIM on this 6`'' day of September 2000, that it proudly joins its fellow Inland Empire cities and the County in implementing the Cleanest County in the West Program, and endorses its objectives, policies, and implementation steps. Knowledgeable and confident that the program will create cleaner, more environmentally sound, and economically viable neighborhoods and communities. As part of this program, we urge individuals, nonprofit organizations, and businesses to pledge their willingness to support our efforts in truly making Riverside County "The Cleanest County in the West". Mayor City Clerk RESOLUTION NO. 2254 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ADOPTING AND IMPLEMENTING THE CLEANEST COUNTY IN THE WEST PROGRAM WHEREAS, the City of San Jacinto has concluded that the elimination of litter and illegal dumping will improve the region environmentally, aesthetically, and economically. WHEREAS, the City of San Jacinto authorizes and empowers WRCOG Staff to execute and apply for funding under the California Beverage Container and Litter Reduction Act. WHEREAS, the plan submitted to the California Department of Conservation's Division of Recycling for funding under the California Beverage Container and Litter Reduction Act encompasses the principle and policies of the Riverside County Cleanest County in the West Campaign. WHEREAS, participation in the Cleanest County in the West Program minimizes individual jurisdictional duplication of effort, achieves economies of scale and provides assistance to all participating jurisdictions in eliminating litter and illegal dumping while increasing the recycling of beverage containers and other recyclables. WHEREAS, The Cleanest County in the West Program identifies the methods and means by which litter and illegal dumping can be reduced or eliminated through a comprehensive, integrated, area -wide, and regional litter reduction and illegal dumping program which complements the individual cities' Source Reduction and Recycling Elements, while improving communication, enhancing public education efforts, and instilling community pride in our neighborhoods. NOW, THEREFORE, BE IT RESOLVED that the City of San Jacinto endorses and agrees to participate cooperatively in the Cleanest County in the West Program, its objectives, policies, and implementation steps, thereby creating cleaner, more environmentally sound, and economically viable neighborhoods and communities. MOVED, `PASSED, AND ADOPTED by he City Council of the 'City of San Jacinto on the 6th day of September 2000. Mayor Attest: TO: FROM: SUBJECT: September 6, 2000 AGENDA ITE # 5.8 The Honorable City Council ake Wager, City Manager Issuance of truck per RECOMMENDATION: By motion, approve truck permit. BACKGROUND: on behalf of John Crean Homes. igation fee as proposed by John Crean Homes and authorize staff to issue On Monday, August 28, 2000, staff met with representatives of John Crean Homes '(herein after referred to as (the Developers). The purpose of the meeting was to discuss City required mitigation for the issuance of a truck permit to allow the movement of approximately 125,000 cubic yards of dirt. This dirt is to be utilized for a single family housing development located at the northeast corner of Eaton and Sanderson in the City of Hemet. The dirt needed originates from the San Jacinto Reservoir and is part of an Eastern Municipal Water District (EMWD) project. Staff is of the opinion that local roads will be damaged due to the significant number of trips of heavily weighed trucks that will be required to move the amount of dirt necessary. Additionally, for traffic control purposes, the trucks will be restricted to a particular route (see attached route) over the thirty -day period estimated as necessary to complete the project. The route was selected in consultation with the Police Department, the City Engineer, and the City Manager. Consideration was given to selecting a route with minimal traffic and residential impact as well as selecting roads deemed most able to suffer the projected number of trips. At the August 28th meeting, the developer agreed to mitigate the projected impact by paying .50C a cubic yard and to limit traffic to the proposed route. In addition to the mitigation fee and route, the developer has also agreed to a deposit of $20,000 - $25,000 and to pay the outstanding balance within two of the completion of the dirt hauling. The developer is also being requested to provide certificates of insurance as well as making some provisions for street cleaning as determined by City. In many respects this project represents a significant precedent. Staff has been asked to undertake a comprehensive review of all regulations, rules, and ordinances that govern all trucking operations in the City of San Jacinto. The purpose of such a review would be to establish comprehensive policies relating to truck traffic impacts throughout the City of San Jacinto. At the time this report was being prepared, staff was still waiting for formal correspondence developer. This letter will be forwarded to the City Council under separate cover immediately upon receipt. JUSTIFICATION: Payment of local roads. 0 e itigation fee relating to the issuance of a truck permits is required to off -set damage to BUDGETARY IMPACT: Pay en t received will help off -set repairs to roads caused by heavy truck traffic. EASTERN MUNICIPAL WATER DISTRICT PROPOSED TRUCK ROUTE ALTERNATIVE NO. 4 PLOT KALI: NT Nr3674:: PLOT DATE: 08-08-2000 C. REBER P.A4411.1 NANNING n(2919.plan24) carl@plan miffiinfm__