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Agenda - Agenda Packets - Regular Meeting 4/6/1993
AGENDA SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND INDUSTRIAL DEVELOPMENT AUTHORITY DATE: April 6, 1993 TIME: 7:30 P.M. PLACE: COMMUNITY CENTER 625 South Pico San Jacinto, California 1.0 CALL TO ORDER Roll Call Moment of Silence for Reflection Pledge of Allegiance 2.0 REDEVELOPMENT AGENCY Convene the Redevelopment Agency in joint session with the City Council to conduct the following business: 2.1 PUBLIC HEARING Purchase of Water Facilities by Agency, Certificate of Participation Bonds and Sale of Said Facilities to the City RECOMMENDATION: Adopt Resolution No.RDA 93- approving Purchase and Sale Agreement Documents between the City of San Jacinto and the Redevelopment Agency, authorizing certain actions necessary in connection with the Sale of Water Bonds. RESOLUTION NO. RDA 93- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO APPROVING CERTAIN DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH 1 2.2 GRC-Redevelopment Consultants, Inc., Contract Amendment RECOMMENDATION: Amend the contract to allow for GRC- Redevelopment Consultants to perform the necessary additional services prescribed by SB1711 and Health and Safety Code 33344.5 to amend the Redevelopment Plan, in an amount not to exceed $10,000. 2.3 City Participation in Cooperative Public Relations Program RECOMMENDATION: Approve the City's participation in a cooperative public relations program with San Jacinto residential developers, for an amount not to exceed $12,000 over the next six months. Funds would come from the City's redevelopment program. Adjourn the Redevelopment Agency, and continue acting in the capacity of the City Council for the remainder of the agenda. 3.0 SPECIAL PRESENTATIONS 4.0 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. 5.0 CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and will be enacted by one motion by the City Council 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 specified items 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 minutes. 5.1 Minutes of Special Joint Meeting of March 2, 1993 RECOMMENDATION: Approve the Minutes of the Special Joint Meeting of March 2, 1993, as presented. 5.2 Minutes of Regular Meeting of March 2, 1993 RECOMMENDATION: Approve the Minutes of the Regular Meeting of March 2, 1993, as presented. 2 5.3 Minutes of Special Joint Meeting of March 16, 1993 RECOMMENDATION: Approve the Minutes of the Special Joint Meeting of March 16, 1993, as presented. 5.4 Minutes of Regular Meeting of March 16, 1993 RECOMMENDATION: Approve the Minutes of the Regular Meeting of March 16, 1993, as presented. 5.5 Minutes of Special Adjourned Meeting of March 18, 1993 RECOMMENDATION: Approve the Minutes of the Special Adjourned Meeting of March 18, 1993, as presented. 5.6 Minutes of Special Meeting of March 19, 1993 RECOMMENDATION: Approve the Minutes of the Special Meeting of March 19, 1993, as presented. 5.7 Minutes of the Special Adjourned Meeting of March 20, 1993 RECOMMENDATION: Approve the Minutes of the Special Adjourned Meeting of March 20, 1993, as presented. 5.8 Warrant Register RECOMMENDATION: Approve Warrant No. 31904 through 32066, dated March 31, 1993 in the amount of $480,91024 and payroll check numbers 22181 through 22282, dated March 26, 1993. 5.9 Treasurer's Report - January 1993 RECOMMENDATION: Receive and file. 5.10 Treasurer's Report - February 1993 RECOMMENDATION: Receive and file. 5.11 Financial Report - February 1993 RECOMMENDATION: Receive and file. 5.12 Ordinance Relating to the Sale of Aerosol Cans and Marker Pens RECOMMENDATION: Waive the reading in full and read by title only, and adopt (Second Reading) Ordinance No. 981 relating to the display and sale of aerosol containers and marker pens as a Graffiti Control Measure. ORDINANCE NO. 981 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, RELATING TO THE DISPLAY AND SALE OF AEROSOL CONTAINERS AND MARKER PENS AS A GRAFFITI CONTROL MEASURE 5.13 Notice of Completion - Bath Well Equipment and Grand Avenue Booster Pump RECOMMENDATION: Accept Bath Well Equipment improvements and the Grand Avenue Booster Pump and authorize City Clerk to file a Notice of Completion. 5.14 Agreement with County of Riverside Providing Drainage Improvements Location: On Lyon Avenue between 500 feet South of Cottonwood Avenue and 1000 feet North of Cottonwood Avenue RECOMMENDATION: Approve the Agreement with the County of Riverside for Providing Drainage Improvements. 5.15 Support to Establish Natural Gas Research and Development Program U.S. Department of Energy RECOMMENDATION: Adopt Resolution No. Supporting an Increase in Investment by the Department of Energy for Natural Gas Research, Development and Demonstration. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, URGING THE UNITED STATES DEPARTMENT OF ENERGY (DOE) TO ESTABLISH, AND THE PRESIDENT AND CONGRESS TO FUND, AN INCREASED NATURAL GAS RD & D PROGRAM 5.16 Surplus/Sale of Grand Avenue Well Equipment RECOMMENDATION: Adopt Resolution No. declaring equipment surplus, and authorize sale to Hawthorne Power Systems for a net revenue of $3,500.00. 5.17 Water Department- Vehicle Acquisition RECOMMENDATION: Approve the purchase of (1) 1993 1/2 ton pickup truck from Crest Chevrolet in the amount not to exceed $14,433.66. 5.18 Eligibility Application - Property Acquisitions Governing Purchase of Surplus Property RECOMMENDATION: Adopt Resolution No. authorizing City Manager, Finance Director, and Police Chief to acquire certain properties. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO AUTHORIZING CERTAIN CITY OFFICIALS AND/OR CITY EMPLOYEES TO ACQUIRE FEDERAL SURPLUS PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY 4 5.19 Reduction/Release of Bonds - Tract 24190 Location: East of Hewitt Street, South of Evans Street RECOMMENDATION: Reduce Bond #1151417, (Performance Bond) from $663,873.00 to $127,649.50, and release Bond # 1151418 (Labor and Material Bond) in the amount of $13,777.00. 5.20 Community Facilities District No. 1, 2, 3 and 87-1 Administration RECOMMENDATION: Approve agreement for consulting services for Mello -Roos Tax Administration with David Taussig & Associates, Inc., in the amount not to exceed $40,000.00 and $3,000.00 for out-of-pocket expenses. 5.21 Agreement with Phoenix Program (Restroom Maintenance and Main Street Cleaning) RECOMMENDATION: Approve the Contract Services Agreement with Phoenix Programs, Inc. for summer restroom maintenance and Main Street cleaning in an amount not to exceed $10,000. END OF CONSENT CALENDAR Motion by: Seconded by: to approve consent calendar items 5.1 through 5.21, and Resolution No. through Resolution No. , and Resolution No. RDA 93- through Resolution No. RDA 93- , and adopt Ordinance No. 981. 6.0 PUBLIC HEARINGS 6.1 Conceptual Specific Plan 2-88, Amendment #4 Applicant: P-R Equities Location: East of Hewitt Street, South of Esplanade Avenue to Mountain Avenue, and West of the Meridian Channel (Rose Ranch) RECOMMENDATION: Adopt Resolution No. approving Conceptual Specific Plan 2-88, Amendment 4, subject to the Findings of Fact. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO APPROVING THE FOURTH AMENDMENT TO THE RANCHO SAN JACINTO SPECIFIC PLAN PHASE II (SPECIFIC PLAN 2-88), LOCATED SOUTH OF ESPLANADE AVENUE, NORTH OF WASHINGTON AVENUE, EAST OF HEWITT STREET AND WEST OF THE MERIDIAN CHANNEL, SUBJECT TO FINDINGS OF FACT 5 6.2 Environmental Impact Assessment and Comprehensive Development Plan 1-93 Applicant: P-R Equities Location: South of Esplanade Avenue, East of Villines, with Rancho San Jacinto Phase II (Rose Ranch) RECOMMENDATION: Adopt a Negative Declaration and approve Comprehensive Development Plan 1-93 for Tract 24056 ;subject to the Findings of Fact. 7.0 CITY DEPARTMENTS 7.1 Chamber Request/Heritage Days Update - Vega RECOMMENDATION: 1. Approve San Jacinto Chamber of Commerce request to operate the Carnival on April 9, 10, 30 and May 1 beyond 10 p.m. which is allowed by City Ordinance with City Council approval. 2. Approve San Jacinto Chamber of Commerce request to operate a Heritage Days Western Dinner/Dance at Sallee Park on May 1, and Cinco de Mayo Dance on Main Street on May 1 from 10 p.m. to Midnight. 3. Approve the sale of liquor on public streets (Main Street) and Public Parks (Sallee). However, alcohol sales should be prohibited after 11 p.m. 7.2 Creation of CFD #4 - Chadwick RECOMMENDATION: Give Staff guidance relative to the questions in the Staff Report in order for the correct resolutions to be adopted creating CFD#4. 7.3 Utility Collections Update - Vega 8.0 MAYOR/ COUNCILMEMBER REPORTS/DISCUSSIONS 9.0 CLOSED SESSION 9.1 Pending Litigation Government Code Section 54956.9 - Assessment District 87-1 City of San Jacinto vs. PMC Corporation 9.2 Potential Litigation Pursuant to Government Code Section 54956.9 9.3 Potential Litigation Pursuant to Government Code Section 54956.9 9.4 Personnel Matters Pursuant to Government Code Section 54957 6 10.0 UNFINISHED BUSINESS 10.1 Notice of Completion Rancho San Jacinto (Phase I Landscaping), Settlement of Claims RECOMMENDATION: 1. Accept the Rancho San Jacinto Phase I Landscape Improvements completed by Western Landscape Construction and authorize the City Clerk to file a Notice of Completion. 2. Approve Settlement Agreement and Release of Claims 3. Approve a final change order increasing the contract amount by $100,000. 11.0 ADJOURNMENT Motion by: Vote: Seconded by: Action: to adjourn. I, Richard Brewer, City Clerk of the City of San Jacinto, do hereby certify that I caused to be posted the foregoing agenda this 1st day of April, 1993, as required by law. .1IA eputy City Clerk 7 STAFF REPORT TO: Honorable Mayor and Members of the City Council (Acting as the Board of Directors of the Redevelopment Agency) FROM: Anna Vega, Finance Director via Pamela S. Easter, City Manager DATE: April 6, 1993 SUBJECT: PUBLIC HEARING FOR THE PURCHASE OF WATER FACILITIES BY AGENCY CERTIFICATE OF PARTICIPATION BONDS AND SALE OF SAID FACILITIES TO THE CITY. RECOMMENDATION: Adopt attached Resolution Approving Purchase and Sale Agreement Documents between the City of San Jacinto and the Redevelopment Agency Authorizing Certain Actions Necessary in Connection with the Sale of Water Bonds. BACKGROUND: At the March 2, 1993 City Council meeting, the Council authorized the sale, execution and delivery of certificates of participation in the amount of $1,900,000. The certificates of participation will provide funds for the construction of a new one -million gallon reservoir at the Bath Well site, the installation of a iron/manganese filtration system for the Bath Well and the replacement of approximately 3000 water meters. The City Council has set the date of April 6, 1993 for a public hearing to consider the question of the agency acquiring certain real and personal property for the improvement of the City's water system selling that property to the City pursuant to an installment Purchase Agreement. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO APPROVING CERTAIN DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH WHEREAS, the City of San Jacinto, a municipal corporation of the State of California (the "City"), desires to acquire improvements to its water system. Pursuant to Section 38730 of the Government Code of the State of California the City is authorized to purchase real and personal property for the common benefit and in order to achieve its public purposes of providing water service in the City; and WHEREAS, the City desires to acquire the following water system improvements: (1) the Bath Well Reservoir, (2) the Bath Well Filtration System, (3) replacement water meters and (4) appurtenant water system improvements (the "Project"); and WHEREAS, Redevelopment Agency of the City of San Jacinto, a public corporation organized and existing under the laws of the State of California (the "Agency"), has adopted the San Jacinto Redevelopment Plan, San Jacinto Redevelopment Project Area which plan authorizes the Agency to construct water improvements; and WHEREAS, the Project will benefit the San Jacinto Redevelopment Project Area; and WHEREAS, pursuant to Sections 33430 and 33431 of the Health and Safety Code prior to selling real and personal property the Agency must hold a public hearing; and WHEREAS, a public hearing was duly called, noticed and held as provided by law and this Board of Directors is fully advised in the premises; and WHEREAS, the Agency desires to enter into a Installment Purchase Agreement by and between the City and the Agency, dated as of March 1, 1993, (the "Installment Purchase Agreement") pursuant to which the Agency provide for the issuance of Certificates of Participation, construct the Project from the Certificates of Participation proceeds and sell the Project to the City; and WHEREAS, the Agency desires to enter into a Trust Agreement, dated March 1, 1993, by and among the Agency, the City and Union Bank (the "Trustee") for the issuance of the Certificates of Participation; and WHEREAS, substantially all right, title and interest of the Agency under the Installment Purchase Agreement will be assigned to the Trustee pursuant to an Assignment Agreement by and between the Agency and the Trustee, dated as of March 1, 1993 (the "Assignment Agreement"); and WHEREAS, copies of each of the aforementioned documents have been presented to and considered by this Board of Directors; and NOW, THEREFORE, the Board of Directors of the Redevelopment Agency of the City of San Jacinto does hereby find, determine, resolve and order as follows: SECTION 1. The foregoing recitals, and each of them, are true and correct. 03/12/93 4967Q/2048/02 -2- SECTION 2. This Board of Directors approves the sale to the City of the real and personal property to be acquired by the Agency in regard to the Project. SECTION 3. The Trust Agreement, the Installment Purchase Agreement and the Assignment Agreement (collectively the "Financing Documents") are approved in substantially the form presented at this meeting. The Chairman and Secretary of the Agency are hereby authorized and directed, for and in the name of the Agency, to execute and deliver the Financing Documents with such changes, insertions and omissions necessary to carry out the interest of this Agency as said officers may approve, such approval to be conclusively evidenced by the execution and delivery thereof. ADOPTED, SIGNED AND APPROVED this 2nd day of March, 1993. Executive Director ATTEST: Secretary (SEAL) 03/12/93 4967Q/2048/02 -3- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. , Secretary of the Board of Directors of the Redevelopment Agency of the City of San Jacinto, do hereby certify that the foregoing resolution was duly adopted by the Board of Directors of said Agency at a regular meeting held on the day of , 1993, and that it was so adopted by the following vote: AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: ABSTAIN: DIRECTORS: Secretary of the Board of Directors of Redevelopment Agency of the City of San Jacinto (SEAL) 03/12/93 4967Q/2048/02 -4- STATE OF CALIFORNIA ) ) ss. COUNTY OF RIVERSIDE ) I, , Secretary of the Board of Directors of the Redevelopment Agency of the City of San Jacinto, do hereby certify that the above and foregoing is a full, true and correct copy of RESOLUTION NO. of said Board, and that the same has not been amended or repealed. DATED: , 1993 (SEAL) Secretary of the Board of Directors of Redevelopment Agency of the City of San Jacinto 03/12/93 4967Q/2048/02 -5- INSTALLMENT PURCHASE AGREEMENT ✓ and between REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, as Seller and CITY OF SAN JACINT©, as Purchaser Dated as of March 1993 relating to $1,900,000.00 CERTIFICATES OF PARTICIPATION (Water Improvement Project) TALE OF CONTENTS PAGE ARTICLE I RECITALS 101. Status and Powers of Agency ...... ,...„.. 102. Status and Powers of City ....... ,......., 103. Purpose of Agreement 104. Water Enterprise Fund 105. Public Benefi-i- 106. Acknowledgment of Assignment Agreement ..... ARTICLE II DEFINITIONS AND GENERAL PROVISIONS 201. Definitions in General 202. Rules of Construc-tion ARTICLE III SALE OF PROJECT; PURCHASE PRICE 301. Deposit of Moneys 302. Grant of Right of Entry and Occupancy 303. Construction of the Project 304. Changes to the Project 305. Payment of Project Costs 306. Sale of Project; Term 307. Installment Purchase Payments 30E. Interest Component 309. Payment in Lawful Money; No Set -Off 310. Covenant tc Budget and Appropriate 311. Title 312. Option to Prepay/Efeasance ART:CLE IV COVENANTS 401. Improvements 402. Maintenance and Utilities 403. Provisions Regarding insurance 404. Form of Insurance Policies; Delivery 405, Inability to Obtain insurance 406. Application of Net Proceeds of Insurance 407. Application of Net Proceeds of Condemnatio 408. Payment of Installment Purchase Payments ( i ) PAGE 409. Compliance with this Agreement 410. Payment cf Taxes 411. Observance of Laws and Regulations 41% . Maintain and Preserve the Project 413. Other Liens 414. Against Encumbrances of Sales 415. Prosecution and Defense of Suits 416. Recordation and Filing 417. Waiver of Laws 418. Compliance with Conditions Precedent 419. Power to Enter into Agreements 420. Further Assurances 421. Financial Reports 422. Agency Not Liable 423. Indemnification Due to Trustee 424. Authority to Operate the Project 425. Amount of Rates and Charaes 426. Furnishing Additional Information 427. quiet Enjoyment 428. Restriction Against Pledge 429. Assignment by Agency ..................... 430. No Violation of Other Aareements 431. Additional Contracts and Bonds ............... ARTICLE DISCLAIMER OF WARRANTIES; ACCESS 501. Disclaimer of Warranties 502, Agency Access to the Project ARTICLE VI EVENTS OF DEFAULT AND REMEDIES 601_. Events of Default Defined 602. Remedies on Default 603. Suits at Law or in Equity acid Mandamus 604. Non -Waiver 605. Remedies Not Exclusive 606. Status Ouc ARTICLE VII .DMINISTRATIVE PROVISIONS 701. Preservation and Inspection of Documents 702. Parties cf Interest 703. No Recourse Under Agreement PAGE 704. Notices 705. Binding Effect 706. Severability 707. Headings 708. Applicable Law 709. Agency and City Representatives 710. Form of Certificate of Officers 711. Amendment 712. Counterpart EXHIEITS Exhibit "A"_ Definitions Exhibit "B": Description of the Project E' "C e Installment Purchase Payments U Schedule cf _nstaiLn_i.� INSTALLMENT PURCHASE AGREEMENT THIS INSTALLMENT PURCHASE AGREEMENT, made and entered into as of March 1, 1993, by and between the CITY OF SAN JACINTO (herein called the "City"), a municipal corporation, and REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO (herein called "Agency"), a public corporation: )ITNES 5 ET H: In consideration of the mutual covenants hereinafter contained and for other valuable consideration, the parties hereto do agree as follows: ARTICLE I RECITALS 101. Status and Powers of Agency. Agency is a Public corporation, organized and existing pursuant to the Community Redevelopment Law commencing at Section 33000 of the Health and Safety Code of the State of California and is authorized to sell real and personal property to the City and perform the actions and duties of the Agency more particularly described herein. 102. Status and Powers of City. City is a municipal corporation organized and existing pursuant to the laws of the Water Code of the Sate of California. 103. Purpose of Agreement. City is desirous of acquiring improvements to its water system. Pursuant to Section 38730 of the Government Code of the Sate of California the City is authorized to purchase real and personal property for the common benefit and in order to achieve its public purposes of providing water service in the City. To accomplish this purpose, the City and the Agency will enter into this installment Purchase Agreement to provide that the Agency will construct or cause tc be constructed the improvements to the City's water system and to sell said improvements to the City in consideration of the payment by City of installments of principal and interest on the unpaid purchase price. The purpose of this Agreement is to effectuate said transaction by setting forth the terms and conditions relating thereto. 104. Water Enterprise Eund. City has established a special fund of City designated the Water Enterprise Fund into which it deposits all Revenues of the Enterprise. 105. Public Benefit. This Agreement is for the benefit of the public and is in furtherance of the public purposes of City. 106. Acknowledgment of Assignment Agreement Agency and City acknowledge that Agency, on the date hereof is entering into an Assignment Agreement with Union Eank, as Trustee, that pursuant to said Assignment Agreement, Agency is assigning and transferring to the Trustee all of its rights under this Agreement, including, among others, its rights to exercise its remedies to enforce the receipt of such Installment Purchase Payments, as such rights and remedies are provided by this Agreement, and that the Trustee constitutes the assignee of Agency as referenced herein. ARTICLE II DEFINITIONS AND GENERAL PROVISIONS 201. Definitions in General. The terms defined in Exhibit "A" attached hereto and by this reference incorporated herein, as used and capitalized herein, shall, for all purposes of this Agreement, have the meanings ascribed to them in said Exhibit "A", unless the context clearly requires some other meaning. In addition, the term "Agreement" as used herein means this Installment Purchase Agreement. 202. Rules of Construction. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Unless the context otherwise indicates, words importing the singular number shall include the plural number and vice versa, and words importing persons shall include corporations and associations, including public bodies, as well as natural persons. The terms "hereby", "hereof", "hereto", "herein", "hereunder" and any similar terms, as used in this Agreement, refer to this Agreement. 02/24/93 45430 12048 '002 -2- ARTICLE III SALE OF PROTECT, PUPC EASE FR.ICE 301. Deposit cf Moneys. In order to induce City to purchase the Protect from Agency and to assure City that the moneys needed to pay the Project Costs will be available for this purpose without delay, Agency shall cause the Trustee to receive the Certificate proceeds and from said proceeds to deposit the following amounts in the following Funds held by the Trustee pursuant to the Trust agreement; $ is required to be deposited in the installment Purchase Payment Fund, Prepaid interest Account, heed by the Trustee pursuant to the Trust Agreement, $ in the Reserve Fund and the balance is required to be deposited in the Project Fund held by the Trustee. 302. Grant of Right Entry and Occupancy. In order to enable Agency to carry out the terms of this Agreement, to crovide for the construction cf the Pro-ect and for the occupancy of the Project and to exercise remedies in the event of a default by City under this Agreement, City hereby grants to Agency, its agents and its assigns an easement for access to the Project described in Exhibit "B" attached hereto, and to do and perform all acts necessary or appropriate for the aforesaid purposes. City represents and warrants that it is empowered to grant such easement for access and that such gran does not conflict with or violate the terms of any easement, lease, truss agreement or other agreement t0 which it is a party. 303. Construction of the Project. The Agency hereby agrees to cause the Project to be constructed, acquired and installed and hereby designates the City as its agent for the purpose of such construction, acquisition and installation. The City shall enter into contracts and provide for, as agent for the Agency, the complete construction, acquisition and installation of the Project. The City hereby agrees that it will cause the construction, acquisition and installation of the Project to be diligently performed after the deposit of funds with the Trustee pursuant to Section 301 hereof, and that it will use its best efforts to cause the construction, acquisition and installation of the Project to he completed by March 1, 1996, unforeseeable delays beyond the reasonable control of the City only excepted. It is hereby expressly understood and agreed that, except for the deposits set forth in Section 301 above, the Agency shall be under no liability of any kind or character whatsoever for the payment of any cost of the Project and that all such costs and expenses shall be paid by the City, regardless of whether the funds deposited in the Project Fund are sufficient to cover all such costs and 02/24/93 45430 2048/002 -3- expenses. If there is money -_n the Protect Fund after 'he completion of the Project, the City may direct the Agency and the Trustee that the money be spent for additional projects for - the benefit of the Enterprise or be transferred to the Redemption Fund for the redemption of Certificates cr transferred to the Installment Furchase Payment Fund. 304. Changes to the Proiect. The City may substitute or add other improvements and/or equipment for those listed as components of the Project in Exhibit E hereto, but only if the City first files with the Agency and the Trustee a statement of the City; (a) identifying the improvements and/or equipment to be substituted and the imi::rovements and/or equipment they replace in the Project and;or the improvements and/or equipment_ so be added; and (b) stating_ that the estimated costs of construction, acquisition and installation of the substituted improvements and/or equipment are not less than such costs for the improvements and/or equipment previously planned and/cr the Agency has additional Certificate proceeds to construct and/or acquire the additional_ improvements and/or equipment. 305. Payment of Proiect Costs. Payment for Project Costs, up to the total amount in the Project Fund, shall be made from the moneys held by the Trustee in the Project Fund, which moneys shall be disbursed for such purpose in accordance and upon compliance with .Article IV of the Trust Agreement. City shall be reimbursed from the Proiect Fund for any Project Costs heretofore or hereafter advanced by Cit amount in the Project Fund is insuffici acquisition cost for the Project and of agrees to contribute to the Agency the the balance of the acquisition cost in Costs. 306. Sale of Proiect; Term. ent her In the event the to pay the Project Costs, City amount necessary to pay full and other _roject (a) Sale of Proiect. In consideration of the payment, or the causing of the payment, of Installment Purchase Payments and any other amounts due and owing hereunder or under the Trust Agreement provided for in Section 306 hereof by City to Agency or its assignee, Agency hereby grants, conveys, bargains and sells to City, effective upon the date hereof, the Project, upon the terms and conditions set fcrth in this Agreement and City hereby accepts said grant, conveyance, bargain and sale upon said terms and conditions. 02 '24 %93 454430/2048/002 -4- (b) Term of Agreement. The term of this Agreement shay- commence upon the date hereof and shall terminate upon the occurrence of either of the following events: (a) the ear''-ier of payment in full of the Installment Purchase Payments and any ether amounts due and owing hereunder or under the Trust Agreement by City pursuant to the provisions of this Agreement cr March 1, 2025; or (b) a default by City and termination pursuant to Article VI hereof. 307. installment Purchase Payments. For the purchase of the ---- Yroe�t, City shall pay to Agency, its successors and assigns, from, but only from, Net Revenues, the installment Purchase Payments set forth in Exhibit "C" attached hereto and by this reference incoryorated herein. Agency hereby directs City to make such Installment Purchase Payments to the Trustee or to cause said Installment Purchase Payments to be made to the Trustee, for receipt on Agency's behalf and as assignee of the rights of Agency under this Agreement. The Installment Purchase Payments shall be payment for the Project. For each such annual period commencing with the period beginning on the date hereof, City shall make Installment Purchase Payments on the Installment Payment Dates during said annual period as more particularly set forth in Exhibit "C" Installment Purchase Payments for each annual payment period during, the term of this Agreement shall constitute the total amount due for said payment period, and shall be paid by City for and in consideration of the sale of the Project tc City. An amount equal _o the next succeeding Installment Purchase Payment shall be due from and payable by City on each of the installmment Payment Date: specified in said Exhibit "C"; provided, however, that, (i) City shall receive a credit against installment Purchase Payments in an amount equal to the amounts on deposit in the Installment Purchase Payment Fund established pursuant to the Trust Agreement on the fifteenth day preceding each Installment Payment Date; (ii) as provided in Section 403(d) of the Trust Agreement, City shall receive a credit against Installment Purchase Payments in an amount equal to the investment earnings on deposit in the Reserve Fund as reported to City pursuant tc Section. 402(b) of the Trust Agreement; and (iii) pursuant to the Trust Agreement, the amounts in said Reserve Fund shall be applied as a credit against the last installment Purchase Payments remaining prior to the expiration of the term of this Agreement, as provided in Section 403(e) of the Trust Agreement. 02/24/93 45430/2048/ 002 -5- As additional consideration for the purchase of the Project, City agrees to pay such additional amounts due and owing hereunder or under the Trust Agreement, including but nct limited to, amounts payable to the Trustee as may be necessary to make up any deficiency in the Reserve Fund and/or the Rebate Fund. 308. Interest Component. A portion of each Installment Purchase Payment is paid as, and represents the payment of a portion of the unpaid purchase price and interest on the unpaid purchase price. The interest component of each Installment Purchase Payment is set forth in Exhibit "C". 309. Payment in Lawful Money; No Set -Off. Each installment Purchase Payment shall be paid or caused to be paid b y City in lawful money of the United States of America, which at the time of payment is Legal tender for the payment of public and private debts, to or upon the order of Agency or its assignee at the principal corporate trust office of the Trustee in Panorama City, California, or such other place as Agency or its assignee shall designate. The principal amount of any such installment Purchase Payments accruing hereunder which is not paid on or prior to the applicable Installment Payment Date shall bear simple interest at the rate of ten percent (10%) per annum from the Payment Date until the same shall be paid. Notwithstanding any dispute between City and Agency, City shall make each and all Installment Purchase Payments when due and shall not withhold any Installment Purchase Payments pending the final resolution of such dispute nor shall City assert any right of set-off or counter -claim against its obligation to make Installment Purchase Payments as set forth herein. 310. Covenant to budget and Appropriate. City covenants that it will include in its annual budget and appropriate for the following Fiscal Year the Installment Purchase Payments and ctlier amounts due under the Installment Purchase Agreement and the Trust Agreement due on the installment Payment Dates in such following Fiscal Year. The Installment Purchase Payments and other amounts due under the Installment Purchase Agreement, any Bonds, any Contracts and the Trust Agreement are a special obligation of the City secured by an unrevocable and first lien of, and payable from, Net Revenues. City will furnish to the Trustee, as assignee of Agency, a Certificate stating that City has complied with this Section_ ne later than November 1st of each year in which the Certificates are outstanding. The covenants on the part of the City herein contained are deemed by the City tc be duties imposed by law and it shall be the duty of each and every public official of the City tc take such action and do such things as are required by law in the performance of the official duty of such officials tc enable 02/24/93 4543O/2048f002 r the City to carry out and perform the covenants and agreements in this Agreement agreed to be carried out and performed by the City. The installment Purchase Payments and payments of other amounts due under the Installment Purchase Agreement and the Trust Agreement shall be made unconditionally, without abatement, irrespective of any interference in the use by the City of the Project. 311. Title. From and after the Delivery Date, title to the Project, and each and every portion thereof, shall vest in City, provided, however, that title no the Project and each and every portion thereof remaining in City shall be subject to the subsequent payment of Installment Purchase Payments as described in Section 306 hereof, to the remedies of Agency and its assignee in the event of default as provided in Article VI hereof and to Permitted Encumbrances. 312. Option to Prepay Defeasance. Subject to the terms and conditions of this Section, Agency hereby grants an option to City to prepay the InstallmeIt Purchase Payments in whole or in part. Said option may be exercised with respect to Installment Purchase Payments due on and after February 15, .001, on any Installment Purchase Payment Date commencing on February 15, 2000. Said option shall be exercised by City by giving written notice to the Trustee, as the :agency's assignee, cf the exercise of such option a,._ least sixty (60) days prior to said Installment Purchase Payment Date. Such option shall be exercised in the event of prepayment in whole, or in part by depositing with said notice cash or investment securities which together with interest earned thereon which will provide an amount sufficient to pay the unpaid principal amount of the Certificates to be prepaid (but not less than $5,000) together with the interest component to be paid to the date of prepayment, plus a premium, if any, calculated by an amount equal to the following amount (expressed as a percentage of the principal amount prepaid) constituting a prepayment premium: Prepavment Dates Premium February 15, 2000 and August 15, 2000 102% February 15, 2001 and August 15, 2001 101% February 15, 2002 and thereafter 100% In the event of prepayment in part, the partial prepayment shall be applied by Agency or its assignee against Installment Purchase Payments in the manner directed by the City, and City shall cause to be provided to the Trustee a revised schedule cf Installment Purchase Payments reflecting said partial prepayment. 02/2 i93 45430/2048/002 -7- In the event of prepayment of all of the Installment Purchase Payments from the proceeds of refunding certificates or other debt obligations in the manner to pay and discharge the Outstanding Certificates as provided in Section 902 of the Trust Agreement shall relieve the City from making further Installment Purchase Payments hereunder, provided, however, the City and the Agency agree that the City's obligation to make the Installment Purchase Payments hereunder remains notwithstanding the fact that said Installment Purchase Payments will be made on the City's behalf only from funds deposited in an escrow fund pursuant to this Section 312, but such City obligation shall be defeased. ARTICLE IV COVENANTS 401. Improvements. City shall have the right during the term of this Agreement to make additions or improvements to the Project, or tc permit such additions and improvements to be made. 402. Maintenance and Utilities. City shall maintain and repair the Project or cause the Project to be maintained and repaired and shall pay for, or otherwise arrange for the payment of, utility services, if any, supplied to the Project (which services shall include power, gas, telephone and all other utility services), all costs of operation of the Project and all costs of repair and replacement of the Project resulting from ordinary wear and tear or want of care. 403. Provisions Regarding Insurance. City shall maintain or cause to be maintained the following policies of insurance: (1) Insurance against loss or damage to any structures constituting any part of the Project, as is customarily maintained with respect tc works and properties of a like character, which may be carried in conjunction with any other policies of fire and extended coverage insurance; (2) Public Liability and Property Damage the minimum coverages of which shall be $1,000,000 for personal injury or death per person and $3,000,000 for personal injury or deaths of two or more persons in each accident or event, and property damage insurance in the minimum coverage of $100,000 per event, respectively, the property damage being subject to a maximum $5,000 deductible per accident. Such insurance may be maintained in the form of a minimum $3,000,000 single limit policy covering all such risks; 02/24/93 45430/2048/002 -8- (3) Worker's compensation insurance issued responsible carrier authorized under the laws of the California to insure employers against liability for ender the Worker's Compensation Insurance and Safety force in California, or any act hereafter enacted as or supplement thereto or in lieu thereof, such worker's compensation insurance to cover all persons employed in connection with the Project and to cover full liability for compensation under any such act aforesaid, based upon death or bodily injury claims made by, for or on behalf of any person incurring or suffering injury or death during or in connection with the Project or the business of the City. 404. Form of Insurance Polices; Delivery. by a State of compensation Act now in an amendment (a) All policies of insurance required by Section 403 of this Agreement shall provide or City shall provide that all proceeds thereunder relating to that portion of the Project damaged or destroyed shall be payable to the Trustee. The Trustee may collect and receive all m0neys relating to the Project which may become due and payable under any such policies and shall apply the Net Proceeds of such insurance as provided in this Agreement, All policies of insurance required by Section 403 of this Agreement shall provide that Agency or its assignee and City, shall be given thirty (30) days' notice of anv intended cancellation thereof or reduction of the coverage provided thereby. (b) City shall deliver, or cause to be delivered, to Agency and the Trustee no later than October 1st in each year a certificate, in such detail as Agency or the Trustee may reasonably request, stating that the City has complied with Section 403 of the Installment Purchase Agreement. If so requested in writing by Agency or the Trustee, City shall also deliver, or cause to be delivered to Agency or the Trustee duplicate originals or certified copies of each certificate insurance policy described in such schedule, provided, however, that delivery of the insurance policies under the provisions of this Section shall confer no responsibility upon Agency or the Trustee as to the sufficiency of coverage or amounts of said policies. In the event of failure of City to obtain or cause to be obtained the insurance required by Section 403 hereof, Agency or its assignee may obtain such insurance on behalf of City and may collect premiums thereof from City which the City shall be obligated to pay hereunder with interest at the rate of twelve percent (12%) on unpaid premiums. 405. Inability to Obtain Insurance. Notwithstanding the provisions of Section 403, if at anv time City shall be unable to obtain or maintain insurance to the extent required by Section 04E/002 -9- 403 on reasonable terms, either as to amounts or as to risks, the failure to maintain such insurance shall not constitute a default under this Agreement if City shall cause the employment of an independent insurance consultant having a favorable reputation for skill and experience in such matters, for the purpose of reviewing such insurance requirements and making recommendations respecting the types, amounts and provisions of reasonably obtainable insurance, including self-insurance, or the establishment of other generally accented forms of alternative protection that should be carried in lieu thereof, or the infeasibility of obtaining insurance, and if City shall comply with the recommendations made in such report. A signed copy of the report of the ;_nsurance consultant shall be filed with the Trustee and Agency, and the insurance requirements specified in Section 403 shall be deemed to be modified to conform with the recommendations in such report. 405. Application of Net Proceeds of Insurance. Any Net Proceeds of any such insurance required by this A areement relating to the loss or destruction of any part of the Project which is collected by the Trustee on behalf of City shay_ be paid, or cause to be paid by City to the Trustee for deposit in the Project Fund and City shall assure that such Net Proceeds are and shall be applied and disbursed as set forth below: (a) If City determines that such Net Proceeds are sufficient to repair, reconstruct or replace the damaged or destroyed portion of the Prciect, which determination shall be evidenced by a certificate executed by an Authorized Officer of City and filed with the Trustee as assignee of Agency, then City shall cause such portion of the Project to be repaired, reconstructed or replaced to at least the same good order, repair and condition as it was in prior to the damage or destruction, insofar as the same may be accomplished by the use cf said Net Proceeds, and City shall direct the Trustee to disburse said Net Proceeds for said urpose. Any balance of said Net Proceeds not required for such -enair, reconstruction or replacement shall be transferred by the Trustee to the Installment Purchase Payment Fund and City shall direct the Trustee that said balance be applied as prepayment of Installment Purchase Payments in accordance with Section 614 of the Trust Agreement, except that no such prepayment shall be in an amount less than $5,000. The City shall be obligated to continue to make Installment Purchase Payments required by this Agreement notwithstanding accident to or destruction cf all or a portion of the Prolect unless and until the Certificates and all amounts owed hereunder and under the Trust Agreement by the City are paid in full. 2; LLj93 ±543,%2048 j002 - 10- (b) in the event that such Net Proceeds are not sufficient to repair, reconstruct or replace the damaged or destroyed portion of the project, as evidenced ,hy a Certificate executed by an Authorized Officer of City and. filed with the Trustee, City shall direct the Trustee to apply such Net Proceeds, to the prepayment in full, on the next succeeding Payment Date, of the balance of the Installment Purchase Payments, or if such Net Proceeds are insufficient to prepay the balance of the Installment Purchase Payments in full then City shall direct the Trustee to apply such Net Proceeds to prepayment of Installment Purchase Payments except that no suc.n prepayment shall be in an amount less than $5,000. 407. Application of Net Proceeds of Condemnation. All Net Proceeds received in any condemnation proceeding undertaken by any governmental agency relating to all or a portion of the Project shall be paid by City or cause to be paid by City to the Trustee for deposit in the Installment Purchase Payment Fund and City shall assure that such Net Proceeds are applied and disbursed as set forth below: (a) If City determines that such condemnation has not materially affected the operation of the Project or the ability of City to meet any cf its obligations hereunder, as set forth in a certificate executed by an Authorized Officer of City and filed with the Trustee, as assignee cf Agency, and if such Net Proceeds are insufficient to enable City to prepay Installment Purchase Payments in full on the next succeeding Payment Date, City shall direct the Trustee to retain such Net Proceeds in the Installment Purchase Payment Fund and to cause such Net Proceeds to be applied as a credit against the next succeeding Installment Purchase Payments. The City shall be obligated to continue to make Installment Purchase Payments required by this Agreement notwithstanding condemnation of all or a portion cf the Project unless and until the Certificates and all amounts owed hereunder and under the Trust Agreement by the City are paid in full. (b) If City determines that such condemnation materially affected the operation of the Project or the of City to meet any cf its obligations hereunder as set a certificate executed by an Authorized Officer of City with the Trustee, as assignee of Agency, or if such Net are sufficient to enable City to prepay Installment Purchase Payments in full on the next succeeding Payment Date, City shall direct the Trustee to apply such Net Proceeds to the prepayment in full or (to the extent that such condemnation pertains only to a portion of the Project) in part on the next succeeding Installment Payment Date cf Installment Purchase Payments except that no such prepayment shall be in an amount less than $5,000. has ability forth in and filed Proceeds 02 24/93 45430/2048:C32 -11- 408. Payment of Installment Purchase Payments. Ci-y shall duly and punctually pay or cause to be paid the Installment Purchase Payments, at the dates and places and in the manner provided in this Agreement according to the true intent and meaning hereof and shall not directly or indirectly extend or assent to the extension of the Payment Dates of any Installment Purchase Payments. 409. Compliance with this Agreement. Agency and City will faithfully observe and perform or cause to be faithfully observed and performed all the covenants, conditions and requirements of this Agreement, and will not suffer or permit any default to occur hereunder, nor do or permit to be done in, upon or about the Project or any part thereof, anything that might in any way weaken, diminish or impair the operation thereof. Neither Agency nor City will do or permit anything to be done, or omit or refrain from doing anything, in any case where any such act done or permitted to be done, or any such omission of or refraining from action, would or might be a ground for cancellation or termination of this Agreement. 410. Payment of Taxes. City will pay or cause to be paid all taxes, assessments and other governmental charges, if any, that may be levied, assessed or charged upon the Project promptly as and when the same shall become due and payable; provided, however, that City shall not be required to pay any such tax, assessment, or charge, if the validity thereof shall concurrently be contested in good faith by appropriate proceedings, if City shall set aside, or cause to be set aside, reserves to be in a form and amount which is adequate with respect thereto and if City shall hold Agency and its assignee harmless as to any loss cr forfeiture which might arise from the nonpayment of any such item; and provided further, that City, upon the commencement of any proceedings to foreclose the lien of any such tax, assessment, or charge, will forthwith pay, or cause to be paid, any such tax, assessment or charge, unless contested in good faith as aforesaid. City will not suffer the Project or any part thereof, to be sold for any taxes, assessments cr other charges whatsoever, or to be forfeited therefor. Nothing herein contained shall be deemed to impose any liability to pay taxes, assessments or charges where none is imposed by law. 411. Observance of Laws and Regulations. City will well and truly keep, observe and perform or cause to be kept, observed and performed all valid and lawful obligations or regulations now or hereafter imposed on it by contract, or prescribed by any law of the United States, or of the State of California, or by any officer, beard or commission having jurisdiction or control, as a condition of the continued enjoyment of any and every right, privilege or franchise now owned or hereafter acquired by City, 02/'24,'93 45430/2048/002 -12- including its right to exist and carry on business as a public body, corporate and political, to the end that such rights, privileges and franchises shall be maintained and preserved, and shall not 'become abandoned, forfeited or in any manner- impaired. 412. Maintain and Preserve the Proect. City will operate, maintain and preserve, or will cause tc be operated, maintained and preserved, the Project in good repair and working order and will operate or cause to be operated the Project, in an efficient and economical manner. 413. Other liens. City shall keep or cause to be kept, the Project and all parts thereof free from judgments, from mechanics and materialmen's liens (except those arising from construction cf the Project) and free from all liens, claims, demands and encumbrances cf whatsoever nature or character, other than Permitted Encumbrances, and City shay_ keep or cause to be kept the Project free from any claim or liability which might impair or impede the operations of the Project; provided, however, that City shall not be required tc pay any such liens, claims or demands if the validity thereof shall concurrently be contested in good faith by appropriate proceedings, and if City shall set aside, or cause to be set aside, reserves deemed by it to be adequate with respect thereto and provided further, that City upon the commencement of any proceedings to foreclose the lien of any such charge or claim, will forthwith pay, or cause to be paid, any such charge or claim unless contested in good faith as aforesaid. Agency or its assignee, may, (after first giving City ten (10) days' written notice to comply therewith and failure Of City to sc comply within said ten-day period) defend against any and a__1 actions or proceedings in which the validity of this Agreement is or mictht be questioned, or may pay or compromise any claim or demand asserted in any such actions or proceedings; provided, however, that, in defending against such actions or proceedings or in paying or compromising such claims or demands, Agency shall not in any ?vent be deemed tc have waived or released City from liability for or on account of any of its covenants and warranties contained herein, or from its liability hereunder to defend the validity of this Agreement and the pledge herein made and tc perform such covenants and warranties. 114. Against Encumbrances or Sales. City shall not create cr suffer to be created any mortgage, pledge, lien, charge or encumbrance upon the Project, or upon any real cr personal property essential to the operation of the Project, other than Permitted Encumbrances. Except as expressiv provided in this Article IV, City shall promptly, at its own expense, take such action as may be necessary to discharge cr remove any such mortgage, pledge, lien, charge or encumbrance for which it is responsible, if the same shall arise at any time. City will not 02i'24/93 4543C,/2048/002 -13- sell or otherwise dispose of anv property essential to the proper operation of the Project, except as otherwise permitted by this Agreement. 415. Prosecution and Defense of Suits. City shall, promptly upon request of Agency or Trustee or their assignees from time to time take such action, or cause such action to be taken, as may be necessary or proper to remedy or cure any defect in or cloud upon the title to the Project as well as that portion of the Project affected by the Project whether now existing or hereafter developing and shall prosecute, or cause to be prosecuted, all such suits, actions and other proceedings as may be appropriate for such purpose and shall indemnify and save Agency and Trustee and its assignee harmless from all loss, cost, damage and expense, including attorneys fees, which they or any of them may incur by reason of any such defect, cloud, suit, action or proceedings. City shall defend against every suit, action or proceeding at any time brought against Agency or its assignee upon any claim arising cut of the rights of Agency or their assignee under this Agreement; provided, that Agency or its assignee at their election may appear in and defend any such suit, action or proceeding. City shall indemnify and hold harmless Agency or Trustee and their assignee against any and all liability claimed or asserted by any person, arising out of the rights of Agency or Trustee or their assignee under this Agreement. 416. Recordation and Filing. City shall record and file, or shall cause to be recorded and filed, this Agreement and all such documents as may be required by law (together with whatever else may be necessary or be reasonably required by Agency or its assignee), in such manner, at such times and in such places as may be required by law in order fully to preserve and protect the rights of Agency and its assignee under this Agreement. 417. Waiver of Laws. City shall not at any time insist upon or plead in any manner whatsoever, or claim or take the benefit or advantage of, or suffer, any stay or extension law now or at any time hereafter in force which may adversely affect the covenants and agreements contained in this Agreement and the benefit and advantage of any such law is hereby expressly waived by City to the extent that City may legally make such waiver. 418. Compliance with Conditions Precedent. Upon the date of delivery of this Agreement all conditions acts and things required by law or by this Agreement to have happened or to have been performed precedent to or in the execution of this Agreement shall exist, have happened and have been performed, and this Agreement shall be within every limit prescribed by law. 02 i22, 93 45430,'2 0481002 -14- 419. Power to Enter Into Agreements. (a) Citv is duly authorized to enter into this Agreement and the Trust Agreement. The provisions of this Agreement are and will be the valid and legally enforceable obligations of City in accordance with their terms and the terms of this Adreement. (b) Agency is duly authorized to enter into this Agreement, the Assignment Agreement and the Trust Agreement and to enter into the transactions contemplated by this Adreement, the Assignment Agreement and the Trust Agreement. Agency has duly authorized and executed this Agreement, the Assignment Agreement and the Trust Agreement. 420. Further Assurances. Whenever and so often as rednested so to do by Agency or its assignee, City will promptly execute and deliver or cause to be executed and delivered all such other and further instruments, documents or assurances, and promptly do or cause to be done ail such other and further things, as may be necessary or reasonably required in order further and more fully to vest in Agency or its assignee all rights, interest, powers, benefits, privileges and advantages conferred or intended to be conferred upon Agency and its assignee by this Agreement. 421. Financial Reports. Within two hundred and ten (210) days after the close of each Fiscal Year of City, City will furnish, or cause to be furnished, to Agency and its assignee detailed certified reports of audit, based on an examination sufficiently complete, prepared by an independent certified public accountant, covering the operations of City and its general fund and of the Project for said fiscal year. Such audit report shall include statements of the status of each account pertaining to the Project, showing the amount and source of deposits therein, the amount and purpose of the withdrawals therefrom and the balance therein at the beginning and end of said fiscal year. 422. Agency Not Liable. Neither Agency nor its assignee nor its members, officers, agents or employees shall be liable to City or to any other person whomsoever for any death, injury or damage that may result to any person or property by or from any cause whatsoever in, on or about the Project. City shall indemnify, or cause indemnification of, and hold Agency and Trustee, their assignees, its and their members, officer, agents and employees harmless from, and defend each of them against, any and all claims, Liens andjudgments for death of or injury to any person or damage to property whatsoever occurring in, on or about the Proect. 02/24/93 4543Q/2048/002 -15- 423. Indemnification Due to Trustee. City shall pay, or cause to be paid, to Agency and the Trustee as assignee of Agency, fees, compensation and expenses due under the Trust Agreement upon periodic billing therefor by Agency and the Trustee as assignee of Agency. In addition, City shall and hereby agrees to indemnify, or cause indemnification of, and hold, or cause to be held, Agency and the Trustee as assignee of Agency harmless from and against all claims, losses and damages, including legal fees and expenses, arising out of (i) the use, maintenance, condition or management of, or from any work or thing done on, the Project by City, (ii) any breach or default on the part of City in the performance of any of its obligations under this Agreement, (iii) any act of negligence of City, or of any of its or their accents, contractors, servants, employees or licensees with respect to the Project, (iv) the authorization of payment of the Project Costs by City, or (v) the defense (pursuant to Section 415 hereof) against actions or proceedings in which the validity of this Agreement is or might by questioned and the payment or compromise of claims or demands asserted in any such actions or proceedings, all to the extent permitted by law. Indemnifica.ion for any tort mentioned in this Section shall be limited to the extent and in the amounts provided for by California law. No indemnification will be made under this Section or elsewhere in this Agreement for wilful misconduct, gross negligence, negligence or breach of duty by the Trustee, its officers, agents, employees, successors or assigns. Such indemnification shall survive termination of this Agreement and discharge of the Certificates. 424. Authority to {operate the Project. City shall assure that the Project is operated pursuant to complete and lawful authority. No permits, rights, franchises or privileges relating thereto shall be allowed to lapse or be forfeited so long as the same shall be necessary for the ownership or operation of the Project. City shall procure, or cause to be procured, the extension or renewal of each and every permit, right, franchise or privilege so expiring and necessary or desirable for the ownership or operation of the Project as such. 425. Amount of Revenues. The City shall fix, prescribe and collect revenues for water service which will be at least sufficient to yield during each Fiscal Year Net Revenues equal to one hundred ten percent (110%) of Debt Service. The City may make adjustments from time to time in such revenues and may make such classification thereof as it deems necessary, but shall not reduce the revenues then in effect unless the Net Revenues from such reduced revenues will at all times be sufficient to meet the requirements of this section. 0. 2 / 4543 0%2048,i 0u2 -16- 426. Furnishing Additional Informatics. City shall, from time to time, furnish or cause to be furnished to Agency or to the Trustee as assignee cf Agency such data regarding the Project as shall be reasonably reouested in order to enable whichever shall be requesting the information to determine whether there has been compliance with the covenants, terms and provisions of this Agreement and of the Trust Agreement. 427. luiet Enjoyment. The parties hereto mutually covenant that City, so long as it shall keep and perform the covenants and agreements herein contained, shall at all times during the term of this Agreement peaceably and quietly, have, hold and enjoy the Project without suit, trouble or hindrance from Agency subject to Agency's right of entry and occupancy and reentry as set forth in Sections 302 and 602 hereof. 428. Restriction Against Pledge. Agency shall not pledge Installment Purchase Payments or other amounts derived from the Project or from rights of Agency under this Agreement nor shall Agency encumber or place any lien upon the Project, except as otherwise provided in this Agreement and the Trust Agreement. 429. Assignment by .gencl. Encept pursuant to the Assignment Agreement and except as otherwise set forth herein, Agency shall not assign this Assignment, its rights to receive Installment Purchase Payments or its duties and obligations hereunder. 430. No Violation of Other Agreements. (a) City hereby represents that neither the execution and delivery of this Agreement and the Trust Agreement, nor the fulfillment of and compliance with the terms and conditions hereof and thereof, nor the consummation of the transactions contemplated hereby .or thereby, conflicts with or results in a breach of terms or violation of any other agreement to which City is a party or by which City is bound, or constitutes a default under any cf the foregoing, or results in the creation or imposition of any lien, charge or encumbrance whatsoever upon any of the property cr asses of City, or upon the Project, except Permitted Encumbrances. (b) Agency hereby represents that neither the execution and delivery of this Agreement, the Assignment Agreement and the Trust Agreement, nor the fulfillment of and compliance with the terms and conditions hereof and thereof, nor the consummation of the transactions contemplated hereby or thereby, conflicts with cr results in a breach of terms or violation of any other agreement to which Agency is a party or by which Agency is bound, or constitutes a default under any of the foregoing, or results 02 /24 "93 4543p%2048 /CO2 -17- in the creation or imposition of any lien, charge or encumbrance whatsoever upon any of the property or assets of Agency, or upon the Project, except Permitted Encumbrances. 431. Additional Contracts and Bonds. The City may at any time execute any Contract or issue anv Bonds, as the case may be in accordance herewith; provided: (1) The Net Revenues for the most recent audited Fiscal Year preceding the date of adoption by the City Council of the City of the resolution authorizing the the issuance of such Bonds or the date of the executions cf such Contracts, as the case may be, as evidenced by both a calculation prepared by the City and a special report prepared by an Independent Certified Public Accountant en such calculation on file with the City, shall have produced a sum equal to at least one hundred ten percent (110%) of the Debt Service for such Fiscal Year; and (2) The Net Revenues for the most recent audited Fiscal Year preceding the date of the execution of such Contract or the date of adoption by the City Council of the City of the resolutions authorizing the issuance of such Bonds as the case may be, including adjustments to give effect to increases or decreases in the Revenues approved and in effect as of the date of calculation, as evidenced by both a calculation prepared by the City and a special report prepared by an Independent Certified Public Accountant or independent financial advisor en such calculation on file with the City, shall have produced a sum equal to at least one hundred ten percent (110%) of the Debt Service for such Fiscal Year plus the Debt Service which would have accrued had such Contract been executed or Bonds been issued at the beginning of such Fiscal Year; and (3) The estimated Net Revenues for the then current Fiscal Year and for each Fiscal Year thereafter to and including the first complete Fiscal Year after the latest Date of Operation of any uncompleted Project, as evidenced by a certificate on file with the City, plus (after giving effect to the completion of all uncompleted projects) an allowance for estimated Net Revenues for each of such Fiscal Years arising from any increase in the Revenues estimated to be fixed and prescribed and which are economically feasible and reasonably considered necessary based on projected operations for such period, as evidenced by a certificate on file with the City, shall produce a sum equal to at least one hundred ten percent (110%) of the estimated Debt Service for each of such Fiscal Years, after giving effect to the execution of all Contracts and the issuance of all Bonds 02i24'93 45430/2048 CO2 -18- estimated to be required to be executed or issued tc pay the costs cf completing all uncompleted projects, assuming that all such Contracts and bonds have maturities, interest rates and proportionate principal repayment provisions similar to the Contract last executed or then being executed cr the 'Sends last issued or then being issued for the purpose of acquiring and constructing any of such uncompleted projects. ARTICLE V DISCLAIMER OF WARRANTIES; ACCESS 501. Disclaimer of Warranties. Neither Agency nor its assignee make any warranty or representation, either express or implied, as to the value, design, condition, merchantability or fitness for any particular purpose or fitness for the use contemplated by the City of the Project or any portion thereof, or any other representation or warranty with respect to the Project or any portion thereof. In no event shall Agency or its assignee be liable for incidental, indirect, special or consequential damages in connection with this Agreement or the existence, furnishing, or functioning of the Project or City's use of the Project, except such damages as may arise by reason of a breach of this Agreement by Agency or its assignee. 502. Agency Access to theProject. agrees that Agency and its assignee shall have such rights cf access to the Project as may be reasonably necessary to cause the proper maintenance of the Project and otherwise to have right of access to the Project in the event of failure by City to perform its obligations hereunder. ARTICLE VI EVENTS OF DEFAULT AND REMEDIES 01. Events of Default Defined. The following shall be "events of default" under this Agreement and the terms "events cf default" and "default" shall mean, whenever they are used in this Agreement, with respect to the Project, any one or more of the following events, namely: (a) Failure by City to pay any Installment Purchase Payment cr other payment required to be paid hereunder at the time specified herein; 02; 24/93 45430/2048 /002 -19- (b) Failure by City to observe and perform any covenant, condition or agreement on its part to be observed or performed, ether than as referred to in clause (a) of this Section, for a period of thirty (30) days after written notice specifying such failure and requesting than it be remedied has been given to City by Agency or its assignee; provided, however, that Agency or its assignee may, upon written request of City prier to the expiration of such thirty (30) day period, consent to an extension of such time in order to cure such failure if corrective action has been instituted by City and is being diligently pursued and will, in the judgment of Agency or its assignee, be diligent'_•✓ pursued until the default is corrected; (c) A court having jurisdiction shall enter a decree or order for relief in respect of City in an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of City or for any substantial part of its property, or ordering the winding up or liquidation of its affairs, and such decree or order shall remain unstayed and in effect for a period of sixty (60) days; or (d) City shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case under anv such law, or shall consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian, sequestrator (or similar official) of City for any substantial part of its property, or shall make any general assignment for the benefit of creditors, or shall fail generally to pay its debts as they become due or shall take any corporate action in furtherance of any of the foregoing. 502. Remedies on Default. In each and every such case during the continuance of an Event of Default specified in clause (d) in Section 501, the Agency shall, and for any other such Event cf Default the Agency may, by notice in writing to the City, declare the entire principal amount of the unpaid Installment Purchase Payments and the accrued interest thereon to be due and payable immediately, and upon any such declaration the same shay_ become immediately due and payable, anything contained herein to the contrary notwithstanding. This section however, is sub=ect to the condition than if at any time after the entire principal amount of the unpaid Installment Purchase Payments and the accrued interest thereon shall have been so declared due and payable and before any judgment or decree for the payment of the moneys due shall have been obtained or entered the City shall deposit with the Agency a sum sufficient to pay the unpaid 02/2, 93 45430/2048/002 -20- principal amount of the Installment Purchase Payments due prior to such declaration and the accrued interest thereon, with interest on principal amount of such overdue installments, at the rate or rates applicable to the remaining unpaid principal balance of the Installment Purchase Payments, and the reasonable expenses cf the Agency, and any and all other defaults known to the Agency (other than in the payment of the entire prin_cu.pal amount cf the unpaid Installment Purchase Payments and the accrued interest thereon due and payable solely by reason of such declaration) shall have been made good or cured to the satisfaction of the Agency or provision deemed by the Agency to be adequate shall have been made therefor, _hen and in every such case the Agency, by written notice to the City, may rescind and annul such declaration and its consequences; but no such rescission and annulment shall extend to or shall affect any subsequent default or shall Impair or exhaust any right or power consecuent thereon. ?ach and all cf the remedies given to Agency or its assignee or by any law now cr hereafter enacted are cumulative and the exercise of one right or remedy shall not impair the right to Agency or its assignee to exercise any or all other remedies. 603. Suits at Law or in Equity and Mandamus. In addition to the remedies set forth in Section 602 hereof, in case one or more of the events of default shall happen, then and in every such case, Agency or its ass-i"'nee shall be entitled to proceed to protect and enforce the rights vested in the Agency by this Agreement by such appropriate judicial proceeding as Agency or its assignee shall deem most effectual to protect and enforce any such right, either by suit in equity or by action at law, whether for the specific performance of any covenant or agreement contained in this Agreement or by law. The provisions of this Agreement and the duties of City and of the officers, agents and employees thereof shall be enforceable by Agency or its assignee by mandamus or other appropriate suit, action or proceeding in any court of competent jurisdiction. (a) Without limiting the generality of the foregoing, Agency and its assignee shall have the right: (i) Accounting. By action or suit in equity to require the City and its officers, agents and employees to account as the trustee of an express trust. (ii) Injunction. By action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of Agency or its assignee. 02/24/93 45430/2048/002 (iii) Mandamus. By mandamus or ether suit, action or proceeding at law or equity to enforce its or their rights against City and its and any of its officers, agents, and employees, and to compel it or them to perform and carry out its and their duties and obligations under the law and its and their covenants and agreements with City as provided herein. 04. Non -Waiver. Nothing in this :article VI or in any other provision of this Agreement shall affect or impair the obligation of City, which is to pay the Installment Purchase Payments, as herein provided. No delay or omission of Agency or its assignee to exercise any right or power arising upon the happening of anv event of default shall impair any such right or power or shall be construed to be a waiver of any such event of default or any accuiescence therein, and every power and remedy given by this Article VI to Agency and its assignee may be exercised from time to time and as often as shall) be deemed expedient by Agency or its assignee. 605. Remedies Not Exclusive. No remedy herein or by law conferred upon or reserved to Agency or the Trustee as its assignee is intended to be exclusive of any other remedy, but each such remedy is cumulative and in addition to every other remedy, and every remedy given hereunder or now or hereafter existing, at law or in ecruity or by statute or otherwise may be exercised without exhausting and without regard to anv other remedy conferred :_ by any law. i5 any remedial action is discontinued or abandoned, the Agency and the Trustee shall be restored to their former positions. 606. Status ouo. In case any suit, action or proceed- ing to enforce any right or exercise any remedy shall be brought or taken and then discontinued or abandoned, or shall be determined adversely to Agency and its assignee, then, and in every such case, Agency and its assignee shall be restored to it former position and rights and remedies as if no such suit, action or proceedings had been brought or taken. ARTICLE VII ADMINISTRATIVE PROVISIONS 701. Preservation and Inspection of Documents. Documents received by Agency or its assignee or City under the provisions of this Agreement shall be retained in their respective possessions and shall be subject at all reasonable times to the inspection of the other party hereto and its assigns, agents and representatives, any of whom may make copies thereof. 02/24/93 45430/2048/002 -22- 702. Parties of Interest. Nothing in this Agreement, expressed or implied, is intended to or shall be construed tc confer upon or to give to any person or party other than Agency, its assignee, and City any rights, remedies or claims under or by reason of this Agreement or anv covenants, condition or stipulation hereof; and all covenants, stipulations, promises and agreements in this Agreement made by or on behalf of Agency or its assignee or City shall be for the sole and exclusive benefit of Agency, its assignee and City. 703. Ne Recourse Under vc;reement. All covenants, stipulations, promises, agreements and obligations of the parties hereto contained in this Agreement shall be deemed tc be the covenants, stipulations, promises, agreements and obligations of the parties hereto, respectively, and not of any member, officer, employee or agent of the parties_ hereto in an individual capacity, and no recourse shall be had for the payment of the Installment Purchase Payments or for any claim based thereon or under this Agreement against any member, officer, emp'Cvee or agent of the parties hereto. 704. Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when delivered or deposited in the United States mail in registered form with postage fully prepaid: ro ..cenc Redevelopment Agency of the Cicy cf San Jacinto F.U. Box 488 San Jacinto, California 92583 Attention: Executive Director If to Trustee as Assignee: Union Bank 14500 Roscoe Boulevard Panorama City, California 91402 Attention: Corporate Trust Department If to City: City of San Jacinto F.O. Box 488 San Jacinto, California 92583 Attention: City Manager The parties hereto, by notice given hereunder, may, respectively designate different addresses to which subsequent notices, certificates or other communications will be sent. 02/2 _'93 45430/2048/002 -23- 705. Finding Effect. This Agreement shall inure to the benefit of and shall be binding upon Agency, City and the Certificate Owners and their respective successors and assigns. 706. Severability. If any one or more of the covenants, stipulations, promises, agreements or obligations provided in this Agreement on the part of Agency or City to be performed should be determined by a court of competent jurisdiction to be contrary to 'law, then such covenant, stipulation, promise, agreement or obligation shall be deemed and construed to be severable from the remaining covenants, stipulations, promises, agreements and obligations herein contained and shall in no way affect the validity of the other provisions of this Agreement. 707. Headings. Any headings preceding the text of the several Articles and Sections hereof, and any table of contents cr marcrina_ notes appended to copies hereof, shall be solely for convenience or reference and shall not constitute a part of this Agreement, nor slail the,/ affect its meaning, construction cr effect. 708. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 709. Agency and City Representatives. Whenever under the provisions of this Agreement the approval of Agency or its assignee or City is required, or Agency cr its assignee or City are rewired to take some action at the request of the other, such approval of such request may be given for Agency by an Authorized Officer of Agency, for assignees of Agency by an authorized representative thereof, and for City by an Authorized Officer of City, and any party hereto shall be authorized to rely upon any such approval or request. 710. Form of Certificate of Officers. Every certificate with respect to compliance with a condition or covenant provided for in this Agreement and which is precedent to the taking of any action under this Agreement shall include: (a) A statement that the person making cr giving such certificate has read such covenant or condition and the definitions herein relating thereto; (b) A brief statement as to the nature and scope of the examination or invest gation upon which the statements or opinions contained in such certificate are based; Os'/2 93 45430./2048/002 (c) A statement that, in the opinion of the signer, he has made or caused to be made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (d) A statement as to whether, in the opinion of the signer, such condition or covenant has been complied with. A certificate may be based, insofar as its relates to legal matters, upon a certificate or opinion of or representations by counsel, unless the persons provided the certificate know that the certificate er representations with respect to the matters upon which the certificate may be based are erroneous, or in the exercise of reasonable care should have known that the same were erroneous. 711. amendment. This Agreement may be amended in writing by agreement of City and Agency, as long as the Insurance folicy is in effect, for the purpose of (a) curing any ambiguity or cf curing, correcting, or supplementing any defective provision contained herein, or (b) in regard to questions arising under the Agreement which City may deem necessary or desirable and not inconsistent with the provisions of this Agreement, provided that no such amendment pursuant to (a) or (b) of this Section 711 shall adversely affect the interests of the Certificate Owners. This 'agreement may also be amended at any time for any purpose by written agreement among all the parties hereto, but no such amendment shall become effective unless and until approved by the Owners of a maierity in aggregate principal amount of Certificates then Outstanding; provided that no such amendment shall impair the right of any Cwner to receive his proportionate share of any Installment Purchase Payment in accordance with his Certificate. 712. CounteL-part. This Installment Purchase Agreement may be executed in counterpart. 02/24/93 45430/204-8/002 -25- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their respective names by their duly authorized officers as cf the date first above written. REDEVELOPMENT AGENCY OF THE CITY OF $AN JACINTO, as Seller Lv: Ev: resident Secrete. CITY OF SAN JACINTO, as Purchaser [Mayor ATTEST: City Clerk O 2r'93 5L130/2048%OO2 -26- EXHIBIT "A" DEFINITIONS Any terms not defined herein shall have the same meaning as set forth in the Installment Purchase Agreement. Aoencv. The term "Agency" means the Redevelopment Agency of the City of San Jacinto. Assignment Aoreement. The term "Assignment Agreement" means that certain Assignment Agreement by and between Agency and Trustee dated as of the date hereof, as supplemented or amended from time to time. Authorized Officer. The term "Authorized Officer", when used with respect to City, means the Mayor, City Manager, City Clerk or any deputy or assistant of the City Manager designated by the City Manager or any other officer of City which is designated by the City Council of City as an Authorized Officer. The term "Authorized Officer", when used with respect to Agency, means the President, any Vice President, Secretary, Assistant Secretary or Treasurer of Agency or any other officer of Agency which is designated by the Board of Directors of Agency as an Authorized Officer. Bond Counsel. The term "Bond Counsel" means a nationally recognized law firm specializing in the area of tax-exempt municipal finance. Bonds. The term "Bonds" means all revenue bonds or notes of the City authorized, executed, issued and delivered by the City, the payments of which are on a parity with the Installment Purchase Payments and which are secured by the Net Revenues of the City. Certificate Year. The term "Certificate Year" means with respect to the Certificates, the period beginning on the Delivery Date and ending on February 2B, 1994 and, thereafter, the period beginning on March 1 of each year and ending on the last day of February of the subsequent year or until there are no longer any Certificates Outstanding. Certificates. The term "Certificates" means the certificates of participation delivered by Trustee pursuant to the Trust Agreement, and which evidence an undivided right to receive a proportionate share of Installment Purchase Payments made under the Installment Purchase Agreement. 02/24/93 4543Q/2048/002 A-1 Certificate Register. The term "Certificate Register" means the books for registration maintained by Trustee pursuant to Section 611 of the Trust Agreement. ty. The term "City" means City of San Jacinto Code, The term "Code" means the Internal Revenue Code of 1986, as amended, and any regulations, rulings, judicial decisions, notices, announcements, and other releases of the United States Treasury Department or Internal Revenue Service interpreting and construing it. Completion Date. The term "Completion Date" means the date that all Project Costs have been paid as evidenced by a certificate of an Authorized Officer of City filed with Trustee as provided in Section 401(f) of the Trust Agreement. Contracts. The term "Contracts" means the Installment Purchase Agreement and any amendments and supplements thereto, and all contracts of the City authorized and executed by the City, the payments under which are on a parity with the Installment Purchase Payments and which are secured by the Net Revenues of the City. Cost of Issuance. The term "Cost of Issuance" means all items of expense directly or indirectly payable by or reimbursable to the Agency or the City and related to the authorization, execution and delivery of the Installment Purchase Agreement and the _rust Agreement and the re'_ated sale of the Certificates, including, but not related to, costs cf preparation and reproduction of documents, costs of rating agencies and costs to provide information required by rating agencies, municipal bond insurance, filing fees, initial fees and charges of the Trustee, fees and charges of the Agency, legal fees and charges, fees and expenses of consultants and professionals, fees and expenses of the financial adviser, fees and charges for preparation, execution and safekeeping cf the Certificates and any other charge, cost or fee in connection with the original sale, execution and delivery of the Certificates. Debt Service. The term "Debt Service" means, for any Fiscal Year, the sum of (1) the interest accruing during such Fiscal Year on all outstanding Bonds, assuming that all outstanding serial Bonds are retired as scheduled and that all outstanding term Bonds are prepaid or paid from sinking fund payments as scheduled (except to the extent that such interest is to be paid from the proceeds of sale of any Bonds), (2) that portion of the principal amount of all outstanding serial Bonds maturing on the next succeeding principal payment date that 02/24/93 45430/2048/002 A-2 would have accrued during such Fiscal Year if such principal amount were deemed to accrue daily in equal amounts from the preceding principal payment date or during the year preceding the first principal payment date, as the case may be, (3) that portion of the principal amount of all outstanding term Bonds required to be prepaid or paid cn the next succeeding prepayment date (together with the prepayment premiums, if any, thereon) that would have accrued during such Fiscal Year if such principal amount (and prepayment premiums) were deemed to accrue daily in equal amounts from the preceding prepayment date or during the vear preceding the first prepayment date, as the case may be, and (4) that portion of any payments, including the Installment Purchase Payments, required to be made at the times provided in the Contracts that would have accrued during such Fiscal Year if such payments were deemed to accrue daily in equal amounts from, in each case, the preceding payment date of interest or principal or the date of the pertinent Contract, as the case may be. For purposes of this definition, any Contract orEonds issued cr to be issued by the City which bears interest at a variable rate shall for all purposes hereunder be assumed to bear interest at a fixed rate equal to the higher of (i) 8% and (ii) the average variable rate borne over the preceding twelve (12) months by outstanding variable rate debt issued by the City or, if no such variable rate debt is at the time outstanding, by ' .ariable rate debt for winch the interest rate is computed by reference to an index comparable to that utilized in determining the interest rate for the Contract then proposed to be entered into or the Bonds then proposed to be issued. Delivery Date. The term "Delivery Date" means the date of delivery of the Certificates tc the initial purchaser or purchasers thereof. Federal_ Securities. The term "Federal Securities" means bills, certificates of indebtedness, notes, bonds, or similar securities which are direct, non callable obligations of the United States of America, CATS, TIGERS, STRPS or defeased municipal bonds rated AAA by S&P or Aaa by Moody's. "Independent Financial Consultant," or "Independent Certified Public Accountant" means any individual or firm engaged in the profession involved, appointed by the City, and who, or each of whom, has a favorable reputation in the field in which his/her opinion or certificate will be given, and: (1) Is in fact independent and not under domination of the City; 02/24/93 4543C/2048:002 -3 (2) Does not have any substantial interest, direct or indirect, with the City; and 1s not connected with the City as an officer or employee of the City, but who may be regularly retained to make reports to the City. Installment Payment Dates. The term "Installment Payment Dates" shall mean the fifteenth day of February and August or if such date is not a Business Day, the preceding Business Day. Installment Purchase Agreement. The term "Installment Purchase Agreement" means that certain Installment Purchase Agreement, dated as of the date hereof, by and between Agency and City, as supplemented or amended from time to time. Installment Purchase Payment Fund. The term "Installment Purchase Payment Fund" means the account by that name established under, and held by Trustee pursuant to. Section 402 of the Trust Agreement. Installment Purchase Payments. The term "Installment Purchase Payments" means Installment Purchase payments payable by City to Agency or its assignee pursuant to the Agreement as more particularly set forth in Exhibit "B" attached to the Agreement. Maintenance and Operation Expenses. The term "Maintenance and Operation Expenses" means the reasonable and necessary costs paid or incurred by City for maintaining and operating the Water Enterprise, determined in accordance with generally accepted accounting principles, including all reasonable expenses of management and repair and other expenses necessary to maintain and preserve the Water Enterprise in good repair and working order, and including all administrative costs of City that are charged directly or apportioned to the maintenance and operation of the Water Enterprise, such as salaries and wages of employees, overhead, insurance, taxes (if any) and insurance premiums, and including all other reasonable and necessary costs of City or charges required to be paid by it to comply with the terms of the Installment Purchase Agreement and the Trust Agreement, such as compensation, reimbursement and indemnification of Trustee; but excluding in all cases depreciation, replacement and obsolescence charges or reserves therefor and amortization of intangibles or other bookkeeping entries of a similar nature. Net Proceeds. The term "Net Proceeds", when used with respect to any insurance cr condemnation award, means the gross proceeds from such insurance or condemnation award, paid with respect to the Project, remaining after payment therefrom of all expenses incurred in the collection of such gross proceeds. 02/24/93 45430/2048 002 Net Revenues. The term Net Revenues" means, for any Fiscal Year, the Revenues for such Fiscal Year less the Maintenance and Operation Expenses for such Fiscal Year. Nonpurpose Investment. The term "Nonpurpose Investment" means any "investment property" within the meaning of Section 1.148-8T(e) of the Regulations in which Gross Proceeds are invested other than the Installment Purchase Acreement. Owner. The term: "Owner" or "Certificate Owner" or "Owner of Certificates" or any similar term, when used with respect to the Certificates, means any person who is the owner as shown on the Certificate Register of any Outstanding fully registered Certificate. Payment Dates. The term "Payment Dates" means March 1 and September 1 of each year, commencing September 1, 1993. Permitted Encumbrances. The term "Permitted Encumbrances" means as of any particular time: Liens for and valorem taxes and assessments, if any, not delincauent or which City may, pursuant to Section 413 of the Installment Purchase Agreement, permit to remain unpaid. i1) The Instalment Purchase Agreement. (iii) The Assignment Agreement. (iv) The Trust Agreement. (v) Easements, rights of way and other rights, reservations, covenants, conditions or restrictions which do not impair or impede construction or operation of the Project as evidenced by the certificate of an Authorized Officer filed with Trustee. Permitted Investments. The term "Permitted Investments" means: (A) Direct obligations of the United States of America (including obligations issued or held in book -entry form on the books of the Department of the Treasury) cr obligations the principal of and interest on which are unconditionally guaranteed by the United States of America. ` 5430%204 (B) Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by any of the following federal agencies and provided such obligations are backed by the full faith and credit of the United States of America (stripped securities are only permitted if they have been stripped by the agency itself): 1. U.S. Export-import Bank (Etiimbank). Direct obligations cr fu11v guaranteed certificates of beneficial ownership. 2. Farmers Home Administration (FHA). ertificates of beneficial ownership. Federal Fivancina Bank. Federal Housing Administration Debentures (FHA). General Services s'vr Lion. Par-icipation certificates. Government National Mortgage Association (GNMA or "Ginnie Mae"). GNMA-guaranteed mortgage -backed bonds; GNMA-guaranteed pass -through obligations (not acceptable for certain cash -flow sensitive issues). 7. U.S. Maritime Administration. Guaranteed Title XI financing. 8. U.S. Department of Housing and Urban Development (HUD). Project Notes; Local Authority Bonds; New Communities Debentures - U.S. government guaranteed debentures; U.U. Public Housing Notes and Bonds - U.S. government guaranteed public housing notes and bonds. C. Bonds, debentures, notes cr other evidence of indebtedness issued or guaranteed by any of the following non -full faith and credit U.S. government agencies (stripped securities are only permitted if they have been stripped by the agency itself): 1. Federal Home Loan Bank System. Senior debt obligations. 2. Federal Home Loan Mortgage Agency (FHLMC or "Freddie Mac"). Participation Certificates; senior debt obligations. 02/24 93 4543-'2048/002 A-6 3. Federal National Mortgage Association (FNMA or "Fannie Mae"). Mortgage -backed securities and senior debt obligations (excluded are stripped mortgage securities which are valued greater than par on the portion of unpaid principal.). 4. Student Loan Marketing Association (SLNA or "Sallie Mae") Senior debt obligations. 5. Resolution Funding Corp. (REFCORP). Only the interest component of REFCORP strips which have been stripped by request to the Federal Reserve Bank of New York in book entry form are acceptable. D. Money market funds registered under the Federal Investment Company Act of 1940, whose shares are registered under the Federal Securities Act of 1933, and having a rating by S&P of AAAm-G, AAAm, or AR_.. E. Certificates of 'deposit secured at all times by collateral described in (A) and,or (B) above. CD's must have a one year or less maturity. Such certificates must be issued by commercial banks, savings and loan associations or mutual savings banks whose short term obligations are rated A or better by S&P. Should the institution not have an adequate S&P rating, then its CD would be acceptable if the following collateral levels are maintained. The collateral must be held by a third party and the bondholders must have a perfected first security interest in the collateral. (a) if valued daily - 102% (b) if valued weekly - 103% (c) if valued monthly - 106% (d) if valued quarterly - 106% F. Certificates of deposit, savings accounts, deposit accounts or money market deposits which are fully insured by FDIC or FSLIC. G. Investment agreements, including GICs. H. Commercial paper rated, at the time of purchase, "Prime - 1" by Moody's or "A-1" or better by S&P. I. Bonds or notes issued by any state or municipality which are rated by Moody's or S&P in one of the two highest rating categories assigned by such agencies. 02/24/93 45430/2048,' 002 A-7 J. Federal funds or bankers acceptances with a maximum term of one year of any bank which has an unsecured, uninsured or unauaranteed obligation rating of "Prime - 1" or " 3n .� or better by D"_ocdyi s and ''A-1" " or rn cr better by sap. Repurchase agreements provide for the transfer of securities from a dealer bank cr securities firm (seller borrower) to a municipal entity (buyer lender), and the transfer of cash from a municipal entity to the dealer bank or securities firm with an agreement that the dealer bank or securities firm will repay the cash plus a yield to the municipal entity in exchange for the securities at a specified date. Repurchase ctreements must satisfy the following criteria: 1. Repos must be between the municipal entity and a dealer bank or securities firm. a. Primary dealers on the Federal Reserve reporting dealer list which fall under the jurisdiction of the SIPC and which are rated A or better by Standard ,& Poor's Corporation and Moody's, or b. Banks rated "A" or above by Standard & Poor's Corporation and Moody's Investors Service. the follow transfer are: 1:. The written repo contract must include a. SeourHties which are aocertable for (1) Direct U.S. governments, or {2) Federal agencies backed by the full faith and credit of the U.S. government (and FNMA & FMAC). b. The term of the repo may be up_to inct: 30 days. c. The collateral must be delivered to the municipal entity, trustee (if trustee is not supplying the collateral) or third party acting as agent for the trustee (if the trustee is supplying the collateral) before/simultaneous with payment (perfection by possession of certificated securities). 02/24 93 45430/2048/002 A-8 d. The trustee has a perfected first priority security interest in the collateral. e. Collateral is free and clear of third -party liens and in the case of SIPC broker was not acquired pursuant to a repo or reverse repo. f. Failure to maintain_ the requisite collateral percentage, after a two day restoration period, will require the trustee tc liquidate collateral.. g. Valuation of Collateral. (1) The securities must be valued weekly, marked -to -market at current market price plus accrued interest. (a) The value of collateral must be equal to 104% of the amount of cash transferred by the municipal entity to the dealer bank or security firm under the repo plus accrued interest. If the value of securities held as collateral slips below 104% of the value of the cash transferred by municipality, then additional cash and/or acceptable securities must be transferred. If, however, the securities used as collateral are FNMA or FNAC, then the value of collateral must equal 105%. 3. Legal opinion which pust be delivered the municipal entity: a. Repo meets guidelines under state law for legal investment of public funds. L. Pre -refunded municipal bonds rated "Aaa" by MM9oody's and "AAA" bv S&P. If, however, the issue is only rated by S&P (i.e., there is no Mood-'s rating), then the pre -refunded bonds must have been pre -refunded with cash, direct U.S. or U.S. guaranteed obligations, or AAA rated pre -refunded municipals to satisfy this condition. M. Shares in the Franklin Adjustable U.S. Government Securities Fund or any other similar fund invested solely in securities directly guaranteed by the U.S. government or its agencies and rated "hAAF" by S&P or comparable ratings bv Moody's. 02 /24,/93 45430/2048 002 da_ Tonal Notes Any state -administered pool investment fund -n ,which the issuer 1S statutorily permitted or reouired to invest. DSRF investments should be valued at a fair market value and marked to market annually if maturity is longer than one year. DSRF investments may not have maturities emtending beyond 5 vearss. Project. The term "Project" means improvements to the hater Enterprise, including equipment, all as more fully described ii Exhibit . attached to this lastaliment Purchase Agreement. Project Costs. The term "Protect Costs" means all costs of pavment of, or reimbursement for, acquisition, construction and financing of the Pr i}ect including but not limited to, architect and engineering fees, construction contractor payments, costs of feasibility and other reports, inspection costs, oe_`m;.t fees, filing and recording costs, printing costs, reproduction and binding costs, fees and charges of the Trustee, legal fees and charges, financial and other professional consultant fees in connection with the foregoing. Prof eot. Fund. The term ,'Project Fund" means the fund by that name established under, and held by Trustee pursuant to, Section 401 of the Trust Agreement. Rebate Fund. The term "Rebate Fund" means the fund by that name estal;Lished under and held by Trustee pursuant to Section 711 of the Trust Agreement. Rebate Regulations. The term "Rebate Regulations" means the Proposed and Temporary Treasury Regulations issued under Section 148(f) of the Code. Record Date. The term "Record Date" shall mean the close of business on the fifteenth day of the month preceding a Payment Date, whether or not such day is a business day Redemption Fund. The term. "Redemption Fund" means the fund by that name established under, and held bv Trustee pursuant to, Section 615 of the Trust oreement. Reserve Fund. The term Reserve Fund" means the account by that name established under, and held bv Trustee pursuant to, Section 4_03 of the Trust Acreement. C2 /24/93 45430/2048/002 A-10 Reserve Reauiremente The term "Reserve Requirement" means the least of (i) 10°o of the original proceeds of the Certificates, (ii )maximum Annual Debt Service on the Certificates, or (i__) 125° of Average Annual Debt Service on the Certificates, as certified in writing by tie City to the Trustee. Revenues. The term "Revenues" means all income, rents, rates, fees, charges and other moneys derived from the ownership or operation of the City's Water Enterprise, including, without __=iting the generality of the foregoing, (I) all income, rents, rates, fees, charges, business interruption insurance proceeds or other moneys derived by the City from the sale, furnishing and supplying of the water or other services, facilities, and commodities sold, furnished or supplied through the facilities of or in the conduct or operation of the business of the Water Enterprise, ius (2) the earnings on and income derived from the investment of such income, rents, rates, fees, charges, or other moneys, including City reserves, plus (3) the proceeds of any stand-by or water availability charges collected by the City, but excluding in all cases customer deposits or any other deposits or advances subject to refund until such deposits or advances have become the property of the City. Tar Certificate. The term "Tax Certificate" means that certain Tax Certificate executed on the Delivery Date by the City with respect to the Certificates Trust Agreement. The term "Trust Agreement" means that certain Trust Agreement dated the date hereof, by and between Trustee, City and Agency relating to the Water improvement, as supplemented or amended from time to time. Trustee. The term "Trustee" means Union Bank at its corporate trust office in Panorama City, California, or its successor in interest acting as trustee under the Trust Agreement and as assignee of Agency pursuant tc the Assignment Agreement Water Enterprise. The term "Water Enterprise" means the City's water system together with all additions and improvements thereto. Water Enterprise Fund. The term "Water Enterprise Fund" means the fund by that name established by the City into which all Revenues are deposited. 02/24/93 45430/2048/002 A-11 EXHIBIT B Description of the I'roject Bath Well Reservoir - One million gallon reservoir at Bath Weil Site. Bath Well Filtration System - Iron/manganese filtration plant at the Bath Well Site. Water :'eter Replacement - Replacement of 3000 water meters throughout the system. 02/24/93 4543C/2048/002 B-1 Schedule of Installment Purchase Pavments On the fifteenth day of February precedincr each March and the fifteenth day of August precedina each September 1st as follows: INSTALLMENT ME '. T DATES .MOUNT ATTRIEJJTAELE AMOUNT . TTRIEUTAELE TO PRINCIPAL TO INTEREST 02 ?4'03 454—,/.2048/002 STAFF REPORT TO: Honorable Mayor and Members of the City Council Sitting as the Redevelopment Agency and Industrial Development Authority FROM: Brian McNabbl, Director of Community Development via Pamela S. Easter, City Manager DATE: April 6, 1993 SUBJECT: GRC-REDEVELOPMENT CONSULTANTS, INC., CONTRACT AMENDMENT NEIGHBORHOOD City Wide RECOMMENDATION Staff recommends that the City Council amend the contract to allow for GRC- Redevelopment Consultants to perform the necessary additional services prescribed by SB1711 and Health and Safety Code 33344.5 to amend the Redevelopment Plan, in an amount not to exceed $10,000. BACKGROUND GRC-Redevelopment is under contract with the City to prepare an amended Redevelopment Plan for a 4000 acre expansion to the Redevelopment Project area. The contract was awarded by the Council in September, 1991, and included a scope of services based upon the Redevelopment law in effect at that time. Subsequent changes in Redevelopment law (SB1711) require GRC to prepare an additional map detailing urbanization on a parcel by parcel basis. As such, an amendment to the contract is necessary to change the scope of services to comply with the new State requirements. As of January, 1993, GRC estimated that they had incurred an additional 80 hours preparing the newly required map. Furthermore, GRC anticipates that an additional 120 hours will be required to complete the detailed map mandated by SB1711. The cost for these additional items is anticipated to be approximately $10,000. However, due the fact that SB1711 has only been in effect since January 1, 1993, GRC has not yet prepared such a map. As such, GRC proposes to bill the City for the additional tasks on a time and materials basis. Attachments: 1. Contract Amendment Request Letter dated January 6, 1993 F.aiDEVELOIDMENT CuN8ULTANT8, INC. January 6, 1993 Ms. Pam Easter, Executive Director San Jacinto Redevelopment Agency c/o Mr. Brian McNabb 201 S. Main Street San Jacinto, CA 92383 Subject: Request for Contract Amendment Dear Ms. Easter: The recent passage of Senate Bill 1711 put into law (effective January 1, 1993) some important changes to the redevelopment planning process. Chief among these is a change in the definition of urbanization, more particularly the definition of an area which is an integral part of an area developed for urban uses. In addition to changing this definition, the legislature also specified a procedure for documenting in the preliminary report [ref. Health and Safety Code Section 33344.5] which properties in a redevelopment project area are vacant, which vacant properties may be exempt from the urbanization requirement, and which properties are developed. Since there are no grandfather provisions in the legislation which would exempt San Jacinto, it will be necessary to amend our existing agreement to add the following additional services: Preparation of a map for inclusion in the Preliminary Report which identifies the properties in the Project Area which (i) are of irregular form and shape and inadequate size for proper usefulness and development; (ii) are laid outin disregard of the contour and other topography or physical characteristics of the ground or surrounding conditions; and (iii) are vacant but which are in integral part of an urban area because they are surrounded, or substantially surrounded, by parcels which have been or are developed for urban uses. To meet this additional requirement of the law, it will be necessary to create a parcel map (since a map showing individual parcels was not provided to us by the City), to manually plot on the map the development status of all 801 parcels in the proposed Project Area and, in the case of vacant properties, to make a parcel by parcel determination whether parcels meet any of the exemptions described above. Further,' tore, the development status of public properties, includ- ing streets and the acreage of the "developed" portions of streets must be determined. The map showing urbanization must be large enough to allow the reader to determine the status of each property but small enough to duplicate and include in the Preliminary Report. Our work in recent months has anticipated a contract amendment in that we have already begun preparation of the parcel map, and we have started to analyze data at the level needed to satisfy the more stringent requirements of the new legislation. We lave not yet started to plot individual parcels to determine their development status or to determine which vacant parcels are sur- rounded or substantially surrounded by developed parcels. Also, we have not yet determined the 2220 East Alosta Avenue, Suite 2G5, Glendora, California 91740 Telephone: (818) 963-9997 Fax: (818) % 5123 street area which is an integral part of an urbanized area. Thus far, we estimate that we have incurred an additional 80 hours in services to meet the new legal requirements. We expect that an additional 120 hours will be required to prepare the map at the level of detail required by SB1711. Total estimated additional costs would come to about $10,000 when map duplication costs are included. We propose to bill for this additional work on a time and materials basis and will try to keep the fee within the indicated estimate, although we cannot firmly commit to thatfigure. This is because there is no precedent from which we can draw to provide a more refined cost estimate for these new services. If we are able to complete the tasks for less than the estimated amount, the Agency would then realize the savings. This letter amendment to our contract is being sent in two signed counterparts. Please indicate Agency acceptance of the terms and services described herein by returning one signed copy to GRC. Sin ely, irice E. Russe President Pam Easter, Executive Director Date STAFF REPORT TO: Honorable Mayor and Members of the City Council (Acting as the Board of Directors of the Redevelopment Agency) FROM: Pamela S. Easter and Brian McNabb DATE: April 6, 1993 SUBJECT: CITY PARTICIPATION IN A COOPERATIVE PUBLIC RELATIONS PROGRAM Recommendation: Approve the City's participation in a cooperative public relations program with San Jacinto developers, for an amount not to exceed $12,000 over the next six months. Money would come from the City's redevelopment funds. Background: Over the last one and one half to two years, the City has been exploring with our developers the formation of an advertising council to assist in the success of developments in San Jacinto. This is consistent with the City's Mission Statement and our Economic Development Program. Due to the continuing slowdown of new residential home sales, several of the developers recently expressed an interest in moving ahead with the advertising council. Sandra King, of King Communications, was suggested as a potential person to coordinate the program. Sandra has met now twice with representatives of the development community and staff to discuss a potential program. The concept of the advertising council's program would be a six-month trial concept of promoting San Jacinto as "a great place to live," with the names of developers/tracts taking a secondary position. The developers and Sandra King feel that it is important to raise the awareness of San Jacinto to the potential new home buyer who may be coming from the Los Angeles basin or other areas of the Inland Empire. This is especially true in view of the recent opening of May Ranch in Perris, that is doing a lot of publicity and is offering a very affordable home. The campaign would include signage (billboards and other signs), some media, and other special public relations activities that would be decided upon by our developers, staff and Sandra King. It is anticipated the budget for the six-month program would be $75,000 - $100,000, depending on the number of participants. Page Two At a recent meeting of developers and staff, a monthly contribution of $2,000 for a six- month period was decided upon. The five developers in attendance were interested in participating. Over the next several weeks, we will be contacting the other developers to determine their interest and potential participation. The developers want to be sure that all, or nearly all, of the residential developers participate. At this point, we are requesting that the City Council, acting as the Redevelopment Agency, consider whether the City should be a contributing member of the Ad Council. The City would be an equal contributing member of the Ad Council, contributing $2,000 a month for a six-month period out of redevelopment agency funds. If you wish, your decision could be based on a participation rate of at least six developers agreeing to be part of the Ad Council. At the end of six months, the program would be evaluated and there would be a determination by all of whether to continue. In her submittal of a residential public relations program for San Jacinto, Sandra King also submitted some concepts for an industrial public relations program that would be tied, themewise, to our proposed residential program. We will be following up on this and presenting further information to the Council. STAFF REPORT TO: Mayor and Members of the City Council FROM: Pamela L. Lee, Deputy City Clerk DATE: April 6, 1993 SUBJECT: Minutes of Special Joint Meeting of March 2, 1993 RECON®VIENDATION Approve the Minutes of the Special Joint Meeting of March 2, 1993, as presented. MINUTES SPECIAL JOINT MEETING SAN JACINTO AND HEMET CITY COUNCIL CH 2, 1993 '" 1.0 CALL TO ORDER The Special Meeting was called to order at 6:05 P.M. by Mayor Hafliger at the Community Center, 625 South Pico, San Jacinto, California. San Jacinto: Present: Councilmembers Ford, Leahy, Solorio and Mayor Hafliger Absent: Councilmember Wlliams Hemet: Present: Councilmembers Almanrode, Tandy, Van Arsdale and Mayor Wolford Absent: Councilmember Schroeder A Moment of Silence was Observed for Reflection. The Pledge of Allegiance was led by Mayor Hafliger At the hour of 6:10 P.M. Councilmember Williams arrived in Council Chambers. 2.0 ORDER OF BUSINESS 2.1 Joint Powers Authority Agreement City Attorney Cox made a brief presentation as contained in the staff report on file with the City Clerk, basically outlining the revisions suggested at the previous joint meeting. Councilmember Almanrode requested a time limitation for budget adoption prior to approval of at least one month. Read comments from Councilmember Schroeder. Suggested that Councilmember Schroeder's comments be addressed by him at a joint meeting with Councilmember Van Arsdale, and some others may actually be addressed during the general discussion. The following concerns and comments were brought up: 1) Provide a copy of the Government Code cited on Page 1, Article I, item 1.2, which is also available in the Hemet Law Library. March 2, 1993 2) Clarify the lawfully required powers. Staff advised intent is not to have to go back to Councils for every authorization, i.e., routine matters setting meetings dates. Staff clarified that the authority could approve contracts, which would have first had budget approval by each city individually. The authority would not approve matters which had not been previously approved through the budget approval process of each City. It would be presumed that each of the City representatives of the authority would have their City support for approval and reflect the desires of their City Council. Approvals for such things as bonds, would require adoption of an ordinance by each City respectively, prior to issuance. Changing the terminology of "lawfully" required approvals would not really change the meaning one way of the other. Some concern voiced that the document could be worded to death until only attorneys could understand. Felt a degree of cooperative effort was needed to make the venture successful and trust that representatives would take guidance from their respective Councils. Clarified that the City Attorneys for both Hemet and San Jacinto were satisfied with the existing language of the agreement. Concern that authority and approvals being delegated to others, specifically two representatives of Council and they were not elected by the people to delegate such authority. Staff and Council clarified again for some, that the approval process would be through each City approving the budget and the JPA would simply carry out the mandates of the budget. 3) Identified that the JPA concept had been working in Southern California since 1930 and there was a need to evaluate how this could be beneficial and the prospect of including Banning, Beaumont, Perris, Hemet and San Jacinto. Should look at the minimum percentage of savings, realizing that the savings may actually equate to better service provided and not actual dollar savings. Suggested that Councilmembers meet one on one with staff to gain a complete understanding and resolve all issues of concern. March 2, 1993 4) Felt that the two Councils would have to first agree to an interest in the concept and make an effort to work cooperatively. Each City should air their differences in their own chambers. 5) Felt that more study was needed, along with public input prior to any action. 6) Clarified that the news report that this was a foregone conclusion was incorrect. A MOTION was made by Councilmember Almanrode, seconded by Councilmember Tandy to conduct a public hearing and advertise through a display ad, once each in the morning and afternoon. Motion carried on a 4-0 vote with Councilmember Schroeder absent. A *MN was made by Councilmember Ford to instruct staff to set up a public hearing or possibly a joint public hearing. Motion failed for lack of a second. In response to San Jacinto Council inquiries, staff advised that the decision was up to the Council and that a public hearing was not legally required. A MOTION was made by Councilmember Ford, seconded by Councilmember Leahy to direct staff to advertise a public hearing most appropriate. Motion failed on a 2-3 vote with Councilmembers Solorio, Wlliams and Mayor Nagger dissenting. Those dissenting felt the concept was a good one and that further amendments could be accomplished in the future. The public had not given any negative feed back to the concept and they felt comfortable with the existing document. More details would be addressed in each of the sub -agreements for joint services. A MOTION was made by Councilmember Solorio, seconded by Councilmember Williams to approve the JPA as presented. Motion carried on a 3-2 vote with Councilmembers Ford and Leahy dissenting. Those dissenting would prefer a public hearing to hear from the public prior to taking action, especially since only two of the Council had benefit of in-depth study of the issue. 3 March 2, 1993 Staff darified that if the Hemet City Council were to approve an amended agreement the amendments would have to come back to the San Jacinto City Council for approval and acceptance. 2.2 Joint Recycling Services COUNCIL CONSENSUS that the Recyding be presented at the same time as the Light Rail presentation, at another joint meeting on March 16, 1993, at 5:30 P.M. at the San Jacinto Council Chambers. The meeting of the 16th to be kept light and the special could then run until 8:00-8:15 P.M. if needed. Councilmember Van Arsdale advised there would be a Task Force meeting on March 12, 1993, at 3:00 P.M. to discuss the program. 3.0 ADJOURNMENT There being no further business, COUNCIL CONSENSUS to adjourn. The hour of adjournment being 7:30 P.M. Submitted by Deputy City Clerk 4 Approved Henry Hafliger, Mayor STAFF REPORT TO: Mayor and Members of the City Council FROM: Pamela L. Lee, Deputy City Clerk DATE: April 6, 1993 SUBJECT: Minutes of Regular Meeting March 2, 1993 RECOMMENDATION: Approve the Minutes of the Regular Meeting of March 2, 1993, as presented. MINUTES SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND INDUSTRIAL DEVELOPMENT AUTHORITY CH 2, 1993 1.0 CALL TO ORDER The Regular Meeting of the San Jacinto City Council was called to order at 7:55 P.M. by Mayor Hafliger at the Community Center, 625 South Pico, San Jacinto, California. Present: Councilmembers Ford, Leahy, Solorio, Williams and Mayor Hafliger Absent: None Moment of Silence for Reflection dispensed with. Pledge of Allegiance dispensed with. Convened the Redevelopment Agency in joint session with the City Council to conduct the following business: 2.0 REDEVELOPMENT AGENCY 2.1 Tri-Party Agreement - Edelbrock Industrial Development Bonds, Substitution of Trustee A MOTION was made by Board Member Leahy, seconded by Board Member Ford, acting in their capacity as the Industrial Development Authority of the Redevelopment Agency to approve the Tri-Party Agreement and authorize the Chairman to execute the agreement. Motion carried on a 5-0 vote. 2.2 Advance of Funds to Assessment District 87-1 A MOTION was made by Board Member Ford, seconded by Board Member Williams, acting in their capacity as the Redevelopment Agency to Adopt Resolution No. 93-1, authorizing the Finance Director to advance the transfer $21,900.00 from the Redevelopment Agency to Assessment District 87-1, for the purpose of paying the interest due on bonds. Motion carried on a 5-0 vote. March 2, 1993 RDA NO. 93-1 A RESOLUTION OF THE EXECUTIVE BO 1 OF THE CITY OF SAN JACINTO RED • PMENT AGENCY, CAUFORNIA, AUTH • ` ZING ADVANCEMENT OF FUNDS TO SPECIAL ASSESSMENT DISTRICT NO. 87-1 2.3 Water Revenue Bonds Public Works Director made a presentation as contained in the staff report on file with the City Clerk. Amended the Resolution to authorize issuance not in excess of $1,900,000. The funding amount was based upon the existing water rate and the approximate revenue to be generated over the operating costs. Fritz Stradling, Bond Counsel, explained the purpose of the bond issuance and the mechanism being proposed, the alternatives and recommended the RDA as the entity to utilize. In response to Council inquiry, advised that the benefit must be to the area and that finding had been made. Mr. Evans, in response to Council inquiries, advised the proposal would make the most significant improvements to solve some of the problems of the past, not all, i.e., filtration on both wells, reservoir storage and allow water delivery in the event of a fire emergency. A TION was made by Councilmember Ford, seconded by Councilmember Wlliams, acting in their capacity as the City Council and the Redevelopment Agency, to adopt Resolution No. 2104, and RDA No. 93-2, authorizing the Sale, Execution and Delivery of Certificates of Participation; Appoint Stradling, Yocca, Carlson & Rauth as Bond Council, Union Bank as Trustee and, Westhoff Martin as Underwriter; Authorize distribution of the Official Statement; and authorize the City Manager to sign the necessary documents. Motion carried on a 5-0 vote. RESOLUTION NO. 2104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO AUTHORIZING THE SALE, EXECUTION AND DEUVERY OF NOT MORE $1,900,000 PRINCIPAL +'UNT OF CERTIFICATES OF PARTICIPATION AND APPROVE CERTAIN DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THE TH 2 March 2, 1993 RESOLUTION NO. RDA 93-2 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO AUTHORIZING THE SALE, EXECUTION AND DEUVERY OF NOT MORE $1,900,000 PRINCIPAL •UNT OF CERTIFICATES OF PARTICIPATION AND APPROVE CERTAIN DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION TFIE TFI There being no further business, the Redevelopment Agency adjourned. The hour of adjournment being 8:30 P.M. 3.0 SPECIAL PRESENTATIONS 3.1 Welcome and Presentation to Nina Gromova, and Ludmila Levchenko, in conjunction with their Sister City visit to the San Jacinto Valley Presentations were made by Former Mayor Frances Boykin. 4.0 PUBLIC COMMENTS None 5.0 CONSENT CALENDAR A MOTION was made by Councilmember Leahy, seconded by Councilmember Ford to approve the consent calendar as presented. Motion carried on a 5-0 vote, except item 5.5, on a 4-0-1 vote with Mayor Hafliger abstaining for a possible conflict of interest. 5.1 Warrant Register Approved Warrant No. 31581 through 31730, dated February 28, 1993 in the amount of $350,912.74 and payroll check numbers 21878 through 21977, dated February 12, 1993. 5.2 Environmental Impact Assessment and Zoning Ordinance Amendment 2-92 Applicant: City Initiated Waived the reading in full and read by title only, and adopted Ordinance No. 979 amending Ordinance No. 340 approving Zoning Ordinance Amendment 2-92. 3 March 2, 1993 ORD CE NO. 979 AN ORDI CE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING ZONING ORDINANCE AMENDMENT 2-92, AMENDING ORDI CE 340, HEREBY SHING ARTICLE 4A 5.3 Zoning Ordinance Arnendment 1-93 Applicant: City Initiated Waived the reading in full and ready by title only, and adopt Ordinance No. 980 approving Zoning Ordinance Amendment 1-93. AN ORDI CALIFORNIA, ORDI CE NO. 980 CE OF THE CITY COUNCIL OF THE CITY OF DING ORDI E I, CLE 14B, EST SPECIFIC ZONE JACI NTO, SHING THE 5.4 Riverside County - Concrete Cross Gutter Construction Agreement Approved the Cooperative Agreement with the County of Riverside for the construction of a concrete cross gutter on the south side of Ramona Expressway across San Jacinto Avenue. 5.5 Bond Release - Tract 25307 (Steven Fendrik: Cottonwood Partners) Location: Southwest corner of Cottonwood Avenue and Palm Avenue Released Performance Bond #1172853 in the amount of $28,983.08, and Released Monument Bond in the amount of $4,000.00. 5.6 Bond Releases - Tracts 24738-1, 24738-2 (Forecast Corp.) Location: Cottonwood Avenue and Seventh Street on Kirby Street Released Performance Bond #206292S in the amount of $362,877.00, and Released Performance Bond #223403S in the amount of $336,012.00; Accepted Performance Bond #206292S in the amount of $36,266.00 for Tract 24738-1. 5.7 Reduction of Bonds - Tract 24330-3 (Wnctward Homes) Location: North of the Ramona Expressway, west of Chase Street Reduced Labor and Material Bond #206338S from $46,031.00 to $6,905.00, and Performance Bond #2063385 from S46,031.00 to $6.905.00. 4 March 2, 1993 6.0 PUBLIC HEARINGS 6.1 Community Facilities District #3 Annexation #4 Mayor Hafliger opened the public hearing. A MOTION was made by Councilmember Solorio, seconded by Councilmember Ford to continue the hearing to March 16, 1993. Motion carried on a 5-0 vote. 6.2 Community Development Block Grant (CDBG) Program 19th Year 1993- 9M Assistant to the City Manager Anderson made a presentation as contained in the staff report on file with the City Clerk. Mayor Hafliger opened the public hearing. Ruby Goin, Girl Scout House, advised that the un-reinforced brick building funded three years ago incurred damage and needed repairs to the roof and rear portion of the building, as well as, reinforcement. In addition they needed tables, chairs and a handicap access. They serve 44 troops in the San Jacinto Valley. In response to Council inquiry to substantiate low and moderate income of those serviced, stated that could be obtained from the San Gorgonio Council, that all served were from the San Jacinto Valley and the majority were well below the moderate range. Eleanor Passel, Senior Citizen Guild, stated the Community Center, which serves meals to hundreds daily, had problems with the old stove and the pilot going out, causing many complaints regarding the smell of gas in the building. Requested that the stove be replaced. Staff to follow up on the matter of the gas smell in the Community Center. In addition, in the future, staff to hold workshops on the application process for CDBG to assure compliance by applicants to the process and criteria to avoid disqualification. There being no further testimony to present, Mayor Hafliger closed the public hearing. 5 March 2, 1993 A MOTION was made by Coundlmember Leahy, seconded by Councilmember Williams to reprogram $10,000 in 17th year CDBG funds approved for the Library/Lounge Reading room (3.5SJ023) and apply such funds towards 19th year CDBG projects; and approve projects list as follows for submittal to Riverside County. Motion carried on a 5-0 vote. Curb, Gutter & Sidewalk Project Refurbishment of Community Center Alternatives to Domestic Violence Boxing Club Senior Day Care Valley Teen Insight $57, 800 Kitchen $35,500 $ 3,200 $ 4,000 $ 4,000 $ 3,500 Staff and Fire Marshall to expedite and follow up on gas smell at Community Center for safety reasons. 7.0 CITY DEPARTMENTS None At the hour of 8:55 P.M. Council recessed. At the hour of 9:00 P.M. the Council reconvened with all members present. 8.0 MAYOR/ COUNCILMEMBER REPORTS/DISCUSSIONS 8.1 City Clerk Vacancy City Manager Easter provided a guideline to the process and the time frame under which the Council needed to act. In response to Council inquiries, advised that it was a Council policy decision whether to appoint a member of staff or to seek a citizen volunteer. Some comments and concerns voiced: 1) The position had evolved over the years to something which takes schooling and background and the obvious choice would be a staff person, as it had been for the last 8-9 years, felt it needed to be put to a vote to be an appointed position who meet established requirements, but for now need to look within the community for a appointee. 6 March 2, 1993 2) Since appointment is not legally mandated need to advertise for applicants and if, in the best public interest, a suitable applicant is not found, fill with staff until the next election. 3) Comparison made of the Hemet City Clerk and the expectation to possess the same abilities for $125 a month. City Manager Easter advised that the expectations were a guideline on the items which would be helpful, and in the case of Hemet, the Clerk learned the necessary requirements and then developed the position to its current level. The guideline is merely something to assist in evaluating an appointee. COUNCIL CONSENSUS to direct staff to advertise for applicants and coordinate interviews tentatively for March 18, 1993 at 6:00 P.M. Concern voiced and discussed regarding the upcoming Council retreat: 1) Send mixed messages to staff regarding spending. Would like postponement until July. 2) Funds previously budgeted for the retreat. Would not be fair to the new Council not to go forward, and is needed both the old and new to assist in setting goals and objectives. The gain outweighs the cost. 3) Concern that the expense was too much, although it would be an opportunity to develop a team effort for the benefit to the community, now perhaps was not a good time. 4) Uncertain on the costs and whether or not in line with what is normal and how it fits into the overall budget picture. 5) Offer made to give up Council stipend for 10 months to offset cost. City Manager Easter advised that the mid -year budget adjustments would be presented to Council at the next meeting. However, this was the time for Council to get together and establish priorities. Every effort had been made to minimize the costs, keeping it local and selecting a reasonably priced facilitator, which average between $3,500-14,000. COUNCIL CONSENSUS to have the retreat March 19-20, 1993. Staff confirmed for Council that a joint session of Planning Commission and City Council would be March 17, 1993, at 6:00 P.M. for a briefing on redevelopment project area. March 2, 1993 9.0 CLOSED SESSION City Attorney Cox advised there would be no need for a closed session on item 9.1 and item 9.2 would be brought back on March 16, 1993. 9.1 Personnel Matters Pursuant to Government Code Section 54957 9.2 Potential Threatening Litigation Pursuant to Government Code Section 54956.9 10.0 ADJOURNMENT There being no further business, A MOTION was made by Councilmember Ford, seconded by Councilmember Leahy to adjourn. Motion carried on a 5-0 vote. The hour of adjournment being 9:35 P.M. Submitted by Deputy City Clerk 8 Approved by Henry Hafliger, Mayor 5.3 STAFF REPORT TO: Mayor and Members of the City Council FROM: Pamela L. Lee, Deputy City Clerk DATE: April 6, 1993 SUBJECT: Minutes of Special Joint Meeting March 16, 1993 RECOMMENDATION: Approve the Minutes of the Special Joint Meeting of March 16, 1993, as presented. MINUTES SPECIAL JOINT MEETING SAN JACINTO AND HEMET CITY COUNCIL MARCH 16, 1993 1.0 CALL TO ORDER The Special Joint Meeting of the City Council was called to order at 5:35 P.M. by Mayor Hafliger at the Community Center, 625 South Pico, San Jacinto, California. San Jacinto: Present: Councilmember Ford, Solario, Williams, and Mayor Hafliger Absent: Councilmember Leahy Hemet: Present: Councilmember Schroeder, Tandy, Van Arsdale and Mayor Wolford Absent: Councilmember Almanrode Also Present: Riverside County Board of Supervisor Kay Ceniceros A Moment of Silence was observed for Reflection The Pledge of Allegiance was led by Mayor Hafliger 2.0 ORDER OF BUSINESS 2.1 Commuter Rail Service to San Jacinto Valley City Manager Guzetta reported on the historical aspects of the issue, relating that the rail service was proposed as part of Measure A and there would be a need for the Councils to take a position on support or opposition. At the hour of 5:40 P.M. Councilmember Leahy arrived in Council Chambers. Mr. Guzetta advised that less funding would be available, partly due to the recession and the revised standards for Highway 91 and 215 improvements. Hideo Sugita, Asst. Dir. Riverside County Transportation Commission (RCTC), gave a presentation as outlined in the staff report on file with the City Clerk. Clarified that the correct figures were, $25 million had actually been spent, not $6 million, and that $19 million was Measure A funds. Provided some back ground on various ballot measures and propositions related to funding. Identified commuter rail services proposed and already in operation. Explained that they were about to close on the right-of-way 1 March 16, 1993 acquisition and needed to know if the San Jacinto Valley supported the rail service before finalizing the acquisition. Further, stated that the line would have to be in place by the year 2000 or would have to refund $6 million to the state. The failure of Proposition 156 further impacted the funding and the funding available was a 50/50 match which may fall short, due to the reduced revenue sources of about S40 million. Supervisor Ceniceros clarified that the original cost projections and standards had not been approved by Sacramento, which had resulted in currently higher safety standards being mandated. Further, the use of TDA funds would reduce the availability for streets, put the intent is to shift the traffic burden from the streets to the rail system and there would be a need to underwrite the local benefit. A consolidated decision of the valley was needed immediately to continue competition for the funding or to give up funding opportunities that may not be gotten back. RCTC Representative, in response to inquiries, advised a decision would be needed prior to March 30, 1993, the date for closure on the acquisition for the future. The estimated branch line cost, including related properties was estimated to be $25 million, of which $19 million would be Measure A funds. There would be a need for matching funds for capital dollars and the only immediate revenue source might be TDA funds which could be presumably distributed or the possibility that the County Board of Supervisors and the majority of cities would agree to amend Measure A Basically the funds are committed and used or lost on the proposal. Use of funds elsewhere could not occur without an amended plan. There would be no contractual obligation if the line were rejected later on since a financial plan still needed to be adopted, at which time Santa Fe may claim so economic losses. Ridership would be projected low in the beginning and would grow with time. All proposed rail systems were on schedule unless delayed by weather and the extension east of Pomona. Would need to address what people would support on a bond issue and compete for the discretionary TDA funds. Clarified that the revenue short fall was the result of 1) no prior agreement on the scope of projects, 2) a hard recession and 3) and not receiving the state rail bond funds expected. Assured both Councils that the Highway 79 project would not be impacted by the decision on the rail issue. The decisions made by each City on the rehabilitation at each station would help determine the ultimate cost. Councils could in the future meet and decided to terminate. Santa Fe to retain freight rights and this could be the only window of opportunity to make an acquisition. Both uses would share lines if compatible. A feasibility study in 1989 came back positive on the proposal. March 16, 1993 A Council suggestion was to rezone railways as transportation corridors. A MOTION was made by Councilmember Schroeder, seconded by Councilmember Tandy to support the concept of a rail system in a unified position and direct staff to initiate the process. Motion carried on a 4-0 vote, with Councilmember Almanrode absent. A MOTION was made by Councilmember Leahy, seconded by Councilmember Solorio to support the concept of a rail system in a unified position and direct staff to initiate the process. Motion carried on a 4-0 vote. City Manager Easter advised RCTC that on the extension to the San Jacinto Valley, the City of San Jacinto was interested in pursuing a station in San Jacinto and that potential locations were available. RCTC Representative advised that the acquisition would include a line up to the Agri -Empire property and in the near future would have to look at what needed to be done and the cost, and the Commission could begin a request for proposal to begin work and incorporate the comments of both City Managers on the study. Consensus of both Councils to the County to aggressively pursue the rail system concept. Supervisor Ceniceros advised it would take energetic action to derail it. Speakers were present from the Chambers of Commerce from both Hemet and San Jacinto, and also their Transportation Planning Group and Committee, voicing support for the actions taken by both Councils. 3.0 ADJOURNMENT There being no further business the Hemet City Council adjourned and the San Jacinto City Council recessed to their regular meeting at 7:30 P.M. The hour being 6:45 P.M. Submitted by Approved by Deputy City Clerk Henry Hafliger, Mayor STAFF REPORT TO: Mayor and Members of the City Council FROM: Pamela L. Lee, Deputy City Clerk DATE: April 6, 1993 SUBJECT: Minutes of Regular Meeting March 16, 1993 RECOMMENDATION: Approve the Minutes of the Regular Meeting of March 16, 1993, as presented. MINUTES SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND INDUSTRIAL DEVELOPMENT AUTHORITY MARCH 16, 1993 1.0 CALL TO ORDER The Regular Meeting of the San Jacinto City Council was called to order at 7:30 P.M. by Mayor Hafliger at the Community Center, 625 South Pico, San Jacinto, California. Present: Councilmembers Ford, Leahy, Solorio, Williams and Mayor Hafliger Absent: None A Moment of Silence was dispensed with The Pledge of Allegiance was dispensed with At the hour of 7:30 P.M. the City Council convened the Redevelopment Agency in joint session with the City Council to conduct the following business: 2.0 REDEVELOPMENT AGENCY 2.1 Grisham & Associates Housing Management Contract Community Development Director McNabb made a presentation as contained in the staff report on file with the City Clerk. In response to Council inquiries, advised the hourly rate would be for 60 hours per month for the first two months, and 40 hours thereafter, for a maximum of $25,000, with the provision that an extension would be reviewed and approved by the City Manager or the Community Development Director. Projected to have project started within 6 months. A deal would have to be justified, and there was a cancellation clause with 15 day notice. Clarified that the Vosburg Hotel owner had some reluctance, due to his consultant's prior bad experiences with RDA, and meetings have been conducted to resolve any concerns. Mark Grisham, advised many conversations had been conducted with the Vosburg Hotel owner, but no specific plan had been formulated for the vacant land. Felt it would make sense to combine new development with the existing and all would be in the RDA Important issue was that participation needed to be voluntary and would encourage, motivate, and educate property owners to be comfortable with the RDA In addition to the Vosburg, would be March 16, 1993 looking at in -fill construction of single family houses with granny flats in back, handicap housing and condo units with the emphasis on ownership outright of lease to own. Perhaps some housing around the Estudillo Mansion. The focus would be on several projects at once. A MO11ON was made by Councilmember Leahy, seconded by Councilmember Solorio, acting in their capacity as the City Council and the Redevelopment Agency, to award the contract to Grisham and Associates for housing management services necessary to implement the Redevelopment Plan in an amount not to exceed $95.00 per hour for a total not to exceed $25,000. City Manager to bring back any additional for Council authorization along with an update and Mr. Grisham to do a log of activities. Motion carried on a 5-0 vote. 2.2 Estudillo Mansion Update Community Development Director McNabb made a presentation as contained in the staff report on file with the City Clerk. Identified for Council the various options for involvement and sources of funding for a rehabilitation of the structure and the possible participation with the County. A MO11ON was made by Councilmember Williams, seconded by Councilmember Leahy, acting in their capacity as the City Council and the Redevelopment Agency to direct staff to discontinue negotiations with Riverside County Parks and Open Space and seek private acquisition. Motion carried on a 5-0 vote. 2.3 Redevelopment Project Base Year Assessment and Taxing Agency Transmittal Community Development Director McNabb made a presentation as contained in the staff report on file with the City Clerk. A MO11ON was made by Board Member Leahy, seconded by Chairman Hafliger, acting in their capacity as the Redevelopment Agency, to adopt Resolution No. 93-3 establishing the Proposed Base Year Assessment Roll for the San Jacinto Redevelopment Project, Amendment 1; and authorizing the transmittal of a Map, Boundary Description and a Statement to taxing Officials and Agencies; and authorizing payment of a filing fee to the State Board of Equalization. Motion carried on a 5-0 vote. 2 March 16, 1993 RESOLUTION NO. 93-3 A RESOLUTION OF THE SAN JACINTO REDEVELOPMENT AGENCY EST. = SHING THE PROPOSED = ` E YEAR ASSESSMENT ROLL FOR THE SAN JACINTO REDEVELOPMENT PROJECT, AMENDMENT NO. 1; AND AUTHORIZING THE TRANSMITTAL OF A' - s NDARY DESCRIPTION, AND A STATEMENT TO TAXING OFFICIALS AND AGENCIES; AND AUTHORIZING PAYMENT OF A FILING FEE TO THE STATE BO * " 1. OF EQUALIZATION There being no further business of the Redevelopment agency, their meeting was adjourned. The hour of adjournment being 8:05 P.M. 3.0 SPECIAL PRESENTATIONS 3.1 Employee Service Recognition Mayor Hafliger made presentations in recognition to employees; Linda Jo Rose, 15 years of service; Jennifer Royster, 5 years service; and Ross Chadwick for 5 years of service. 4.0 PUBLIC COMMENTS None 5.0 CONSENT CALENDAR Staff requested that item 5.5 be pulled from the consent calendar for staff action. A MOTION was made by Councilmember Leahy, seconded by Councilmember Williams, to approve the consent calendar as presented and amended with the exception of item 5.5 which was pulled. Motion carried on a 5-0 vote. 5.1 Minutes of Regular Meeting - February 16. 1993 Approved the Minutes of the Regular Meeting of February 16, 1993, as amended: Former City Clerk Armster felt there were some improprieties in statements made and would like the more in depth comments made by Councilmembers which he felt related to the insurrection within his department. In addition, the comments regarding the CUP (Item 5.8) were not complete enough to reflect what he considered to be "stone throwing" and comments were not reflected to be made during the 3 March 16, 1993 correct portion of the agenda. Finally, concerned that the minutes did not come for presentation to the Council timely enough. Councilmember Leahy objected to the summarization of comments in the minutes. Council Consensus to the amendment to Page 7, first paragraph, delete from the motion "matter back to the Planning Commission or a public hearing". 5.2 Minutes of Special Meeting - February 18, 1993 Approved the Minutes of the Special Meeting of February 18, 1993, as presented. 5.3 Minutes of Special Meeting - February 23. 1993 Approved the Minutes of the Special Meeting of February 23, 1993, as presented. Former City Clerk Armster referenced the revised posting of the agenda and the Mayor's recommendation and felt the Brown Act had been violated by the Mayor changing his recommendation at the meeting. Wanted to set the record straight that he was unable to speak at the meeting and that his position was put aside and a Deputy City Clerk placed in charge of Parliamentary Procedure without obtaining his permission to do so and that was why he resigned. Although racial bias was stated, it was not the motivating factor in his resignation. Requested that the minutes be sent back and rewritten prior to approval. City Attorney Cox advised that purely because an action was taken different from the recommendation did not constitute a violation of the Brown Act, the item itself was agendized and was in compliance. In response to the Council, advised it was their decision to approve the minutes as presented or to request they be amended or rewritten. Councilmember Leahy was the only Council with a different recollection on the minutes. 5.4 Warrant Register Approved Warrant No. 31731 through 31903, dated March 15, 1993 in the amount of $501,162.27 and payroll check numbers 22083 through 22180, dated March 12, 1993. 4 March 16, 1993 Councilmember Leahy concerned regarding the purchase of Council badges, and agreed to return the old badge in her possession for historical preservation. Council consensus that the matter had been previously discussed. 5.6 Ordinance - Sale of Aerosol Cans and Marker Pens Waived the full reading of Ordinance No. 981 and read by title only, and introduce Ordinance relating to the display and sale of aerosol containers and marker pens. ORDI CE NO. 981 AN ORDI . • 'CE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, RELATING TO THE DISPLAY AND SALE OF AEROSOL CONTAINERS AND • ' 4 R PENS AS A GRAFFITI CONTROL MEASURE 5.7 Street Closures and Bicycle Race Approved the street closures for the planned Bicycle Races in Rancho San Jacinto on March 28, 1993, subject to receiving an amended insurance certificate naming the City as additional insured. 5.8 Amendment - San Jacinto Police Officers' Memorandum of Understanding and Management Benefits Adopted Resolution No. 2105 through Resolution No. 2107 amending the San Jacinto Police Officers' MOU and Management Resolution No. 2066, and authorize negotiators to sign addenda to the Police Officers' MOU. RESOLUTION NO. 2105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, TAKING LEGISLATIVE ACTION DETERMINING TO ACCEPT THE ADDENDUM TO MEMORANDUM OF UNDERSTANDING EN THE CITY AND THE SAN JACINTO POLICE OFFICERS ASSOCIATION RESOLUTION NO. 2106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, TAKING LEGISLATIVE ACTION DETERMINING TO ACCEPT THE ADDENDUM TO MEMO 1-'DUM OF UNDERSTANDING EN THE CITY AND THE SAN JACINTO POLICE OFFICERS ASSOCIATION 5 March 16, 1993 RESOLUTION NO. 2107 A RESOLUTION OF THE CITY OF SAN JACINTO, CALJFORNIA, AMENDING RESOLUTION NO. 2066 RELATING TO SALARY RANGES AND BENEFITS FOR EXECUTIVES, SUPERVISORS, MIDDLE k GERS AND CONFIDENTIAL EMPLOYEES 5.9 Release of Performance Security Deposit - Tract 22347 (James A Pomeroy Jr.) Location: Easterly of Palm Avenue, southerly of Cottonwood Avenue, northerly of Seventh Street and westerly of Grand Avenue Released the Certificate of Deposit #1347 (Performance Security) in the amount of $14,000.00. 5.10 Riverside County - Maintenance Agreement (Ramona Expressway) Location: Annexation 59, located southerly and westerly of Soboba Road, westerly of Alessandro Avenue and northerly of Main Street Approved the amended agreement with the County Road Department. Staff to correct the County/City references in item 4 b. 5.11 Chamber of Commerce Carnival - Waiver of Business License Denied the request for a fee waiver. Staff recommended that no waiver be granted for the actual license paid by the carnival, one for the carnival in February and one for the Heritage Days in May. Stated that the Chamber had paid in the past. Additional costs associated with Heritage Days would be corning to the Council at a later date. ITEM PULLED FROM CONSENT CALENDAR FOR STAFF ACTION: 5.5 Claim - Heritage Ranch Community Association - JS 93-20 Rejected the claim as recommended by the Claims Adjustor, pursuant to Government Code Section 911.2 6.0 PUBLIC HEARINGS 6.1 Community Facilities District #3 Annexation #4 Location: Pizza Hut, State St.; Stater Bros., San Jacinto Avenue; Tract No. 23860 7th and Ash St. 6 March 16, 1993 Community Development Director McNabb made a presentation as contained in the staff report on file with the City Clerk. Advised of a revision to the Resolution relating to the timing of the election, depending Upon the receipt of all consent and waivers from property owners. Mayor Hafliger opened the public hearing. There being no speakers wishing to present testimony, the public hearing was closed. A MOTION was made by Councilmember Leahy, seconded by Councilmember Solorio, to adopt Resolution No. 2108 and Resolution No. 2109 dedaring the annexation of territory to Community Facilities District #3, and submitting the special tax levy to the voters proposed to be CFD #3. Motion carried on a 5-0 vote. RESOLUTION NO. 2108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JACINTO, CALIFORNIA, DECLARING THE ANNEXATION OF TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS RESOLUTION NO. 2109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, SUBMITTING TO THE QUALIFIED ELECTORS IN AN ANNEXED 4 - OF A C. UNITY FACILITIES DISTRICT A PROPOSITION TO LEVY A SPECIAL TAX AND EST = SHING PROCEDURES AND CONDITIONS FOR CONDUCTING AN ELECTION At the hour of 8:40 P.M. Mayor Hafliger left the Council Chambers due to a possible conflict of interest on the following item 6.2. Mayor Pro Tern Ford assumed the duties of presiding officer. 6.2 Annexation 66 Location: Sanderson, and the Ridge of the Lakeview Mountains, North of Esplanade Avenue. Community Development Director McNabb made a presentation as contained in the staff report on file with the City Clerk. Mayor Pro Tem Ford opened the public hearing. John Scouten, Annexation 66 Chairman, spoke in favor of the proposal. 7 March 16, 1993 There being no further testimony, the public hearing was closed. A MOTION was made by Councilmember Leahy, seconded by Councilmember'IMIliams, to adopt Resolution No. 2110 ordering Annexation 66 to be completed. Motion carried on a 4-0 vote with Mayor Hafliger absent. RESOLUTION NO. 2110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CAIJFORNIA, ORDERING THE ANN 11ON OF CERTAIN IN :-iTED TERRITORY TO THE CITY OF SAN JACINTO KN• AS ANNEXATION NO. 66 At the hour of 8:50 P.M. the Council recessed. At the hour of 9:00 P.M. Council reconvened with all members present. 6.3 Annexation71 Location: Peninsula of Land North of Esplanade Avenue, between Kirby and Palm Community Development Director McNabb made a presentation as contained in the staff report on file with the City Clerk and gave some historical background on the issues. Clarified that it was a LAFCO condition to another annexation effort, to include the Annexation 71 territory to eliminate awkward boundaries for Sheriff and Fire responses. Meetings had been held with residents to address their concerns. A new zone (RADD) was created to accommodate those concerns in the northern area of the annexation. In response to Council inquiries, advised that existing businesses would be required to obtain a city license and for those showing proof of operation prior to 12/31/92, would be allowed to operate in compliance with any health and safety regulations and inspections. Those which were legal uses in the County would be grand -fathered in and would have to comply with City only if expansions were proposed. Those structures built without permits would be affected only when a new buyer or a lender requires inspections or proof of permits. Notification to the telephone company for 911 calls would be done immediately to expedite the transition. New addresses would be assigned and timely notification would be made to the residents. Mayor Hafliger opened the public hearing. 8 March 16, 1993 Walter Clark, stated he was delighted to see the annexation and felt the service would be better. However, would like to see the flooding at Pine Street corrected. Fletcher Gray, very happy to see the annexation and would like the issue of flooding at Pine and Seventh taken care of. Delmar Pounds, supported the annexation, and he felt that 70-80% of his neighbors supported also. Felt the only petition circulated with negative comments had nothing to do with the issue and were related to a problem with CC8Rs. Dave Gates advised that no more turkeys would be raised in the area. Gloria Johnson, only in favor of annexation if the city addresses the concerns she has on the hip high flooding in her front yard. Also stated she moved to the area to keep animals on her property and did not want to give up that right. Concerned that there would be an assessment for street lights when no service was received and the requirement for sidewalks, sewer connections and mandatory refuse collection. Staff clarified that only those areas which benefit would be assessed. As for the sidewalks, they would only be required if any proposed improvements were 74% or more of the valuation of all improvements nor would staff require them where it was not logical but would require an agreement to do so in the future if it became necessary. Sewer connections were not required unless within 200 feet from a line and if the septic tank failed. Refuse collection was mandated but was less than that of the County. Most regulations were comparable to the County, there was just more enforcement by the City. Public Works Director Evans advised that the City had made every effort to resolve the flooding issues, more so than the County. Some evasive actions taken by the City did minimize the situation and resulted in a reprimand from the County. Many interim solutions were being attempted and the City would continue to seek answers to the problem. Mayor Hafliger pointed out that the provided sandbags to even County residents during the resent flooding. City Manager Easter pointed out that the flooding was more than a localized problem. March 16, 1993 Staff advised that the Agriculture Zoning would permit the keeping of animals on her property. Further, the allocation for flooding would have to be designated by the Council who had given some previous direction to work on that area and that funding had been requested from the County to design and acquire right-of-way for Seventh Street and the reservoir. Howard Harvey wanted to remain country and felt that although the zoning sounded good was still concerned. Submitted a petition from those along Lyon and Cottonwood opposed due to concerns regarding flooding and response time for emergency services. Fire Chief Chadwick advised that the response time was within the parameters recommended, within 5 minutes and the recommended basic level of service for emergency response was 8 minutes. Suggested participation in the Valley Emergency Service Team and everyone learn CPR. It was pointed out that most often, where there were border disputes and more than one agency responding, San Jacinto was repeatedly the first on scene. Deborah Smith was opposed because she felt she had received inconsistent answers from the City and had gotten a run around on other issues. The issues of concern were as follows: 1) The Summerchase Tract had not maintained dust control during construction. 2) Road closures and the fact that the City had not responded in the past. 3) Lack of street lights and signal at Chase and Ramona, the main entrance to the homes. Not clear if it was required or not, but if should have been. Without is not safe for children crossing. 4) Lack of landscaping and the developer no longer building. 5) When property damage was incurred, received a run around from the City on what to do to resolve. Staff advised that landscaping along Chase, Ramona Avenue and the Ramona Expressway was a requirement of the development and bonding had been secured to guarantee it would be complete. Plans had been approved for a portion of the work but one of the projects had failed and the City was looking into what action could be taken on the bonds. 10 March 16, 1993 Advised that the signalization would occur in the future when the project reaches the point at which it would be required and staff would work with Edison to begin work on installing the street lights. Police Chief Kozma suggested that signs be installed to warn of students crossing and would look at the traffic flow in the area. Mike Quick voiced that he liked his way of life and appreciated what the City had done on the flooding. However, they wanted to keep their animals, protect their children and maintain their privacy and fear that annexation to the City would take that away, the way they had seen it done in other communities. Council suggested that life as it was known 30-40 years ago would not return and that there was also the need to address the issues for people who own 10-20 acres that were grand -fathered in under an urban overlay and still would protect those who wish to sell, move or develop their land. Mr. McNabb explained the 2010 philosophy and the policy statements to retain the lifestyle and strike a balance for everyone with plans for buffers and transitions for zoning. Announced that 28 signatures had been received on a petition and four letters in opposition. Staff would analyze and report bad* to the Council on a recommendation. The opportunity was offered to protestors to withdraw their opposition and none chose to do so. There being no further testimony to present, the public hearing was closed. At the hour of 10:00 P.M. Council recessed. At the hour of 10:15 P.M. Council reconvened with all members present. Mr. McNabb advised that the protests received did not meet the requisite 25% of the registered voters and recommended the Council adopt the Resolution. A MOTION was made by Councilmember Leahy, seconded by Councilmember Williams, to adopt Resolution No. 2111. Motion carried on a 5-0 vote. 11 March 16, 1993 RESOLUTION NO. 2111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN IN • - TED "'TORY TO THE CITY OF SAN JACINTO AND Fad • AS ANNEXATION NO. 71 Staff to process finalization of the annexation, work on street lights at Chase, expedite the 911 phone response matters and will begin patrolling the area and make formal notification on address changes which would be honored by other agencies and utilities for about 1 year, effective about June. In the meantime, residents could select either Inland Disposal or OK & Associates for refuse collection, since a mandate as to which company could not occur for five years. 7.0 CITY DEPARTMENTS 7.1 Mid -Year Budget Review 7.1.1 1992-93 Budget Amendment Finance Director Vega stated the Resolution would be amended with another Whereas clause to indicate that the budget had already been amended and this would be the second amendment. A MOTION was made by Councilmember Solorio, seconded by Councilmember Ford to eliminate the spending of any remaining funds for transportation, training and conferences for the City Council, City Treasurer and City Clerk for the remaining fiscal year. Motion carried on a 5-0 vote. A MOTION was made by Councilmember Leahy, seconded by Councilmember Ford, to adopt amended Resolution No. 2112 amending the 1992-93 fiscal year budget; and direct staff to review and present for Council consideration, other revenue enhancing measures for implementation in the 1993-94 fiscal year. Motion carried on a 5-0 vote. RESOLUTION NO. 2112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALJFORNIA, AMENDING THE 1992-93 FISCAL YEAR GENE' • FUND BUDGET IN THE •UNT OF $329,154.00 12 March 16, 1993 7.1.2 User Fee Study Consultants Ed Perry and Jeff Whitfield made a slide presentation on the cost recovery and fee subsidies. In response to Council, advised that the retum and less revenue could be projected, based upon the current level of activity. Advised that a public hearing would be conducted and the new fees would be effective with the new fiscal year. Clarified that some Police Department fees generally become issues for collection and could cause more cost that what would be recovered. City Manager Easter advised the Police Department was doing a more extensive survey on potential user fees which would be brought back to the Council at a later date. 7.1.3 Heritage Days Financing Received Oral Report Finance Director Vega handed out a written report and advised that only $5,000 remained in the budget for the event and the costs exceeded that available. Council Issues: 1) Would like to see business licenses obtained for the booth vendors. City losing sales tax revenues which would help defray the costs. 2) Possibly combining all the events at one time of year to help reduce the annual cost to the City for non-profit organizations events. The more expensive event for Heritage Days was a result of the larger scope of services needed. 3) Suggested that financial statements be obtained from the organizations requesting the City to subsidize events. 4) Finalize the events and time frames for activities so staff can finalize the exact costs involved. 5) Utilize the funds saved from the City Council, City Treasurer and City Clerk to offset funding. A MOTION was made by Councilmember Leahy, seconded by Councilmember Ford to limit funding by the City to a maximum of $6,500. Motion carried on a 5-0 vote. 13 March 16, 1993 7.1.4 LLMD Revisions/Agreement with GFB Friedrichs Public Works Director Evans advised that there was an April 1, 1993, deadline for noticing the first hearing, finalize in July and to the Assessor by August 10, 1993. A MOTION was made by Councilmember Solorio, seconded by Mayor Hafliger, to approve the Agreement for 1993-94 Assessment district services with GFB-Friedrichs and authorize the Mayor to execute the agreement, not to exceed $16,000.00, of behalf of the City Council. Motion carried on a 5-0 vote. COUNCIL CONSENSUS to adjourn to March 18, 1993, to complete the remaining agenda items due to the lateness of the hour. RE ENDATION: Authorize staff to proceed with the preparation of assessment district budget keeping last year's assessments constant; create another assessment category for RV parks with an assessment equal to about 50% of that of a single-family detached home rather than the present 70%; offer Soboba Village the opportunity to take over maintenance of the 4- acre open space or accept increased assessments or reduced level of maintenance; authorize City staff to prepare a public works maintenance budget including the hiring of one to two maintenance staff people, a pick-up truck and appurtenant equipment at a cost not to exceed the present landscape maintenance contract cost for the Rancho San Jacinto channels and the Ramona Expressway parkways (about $45,000); and authorize City staff to prepare a budget utilizing gas tax and redevelopment funds to make up deficiencies in the cost of street lighting, traffic signals and graffiti removal in the Zone D assessment area. Motion carried on a 5-0 vote. 7.1.5 Community Facilities District #4. Public Safety REC • ENDATION: Create of a Community Facilities District #4, to replace CFD #3, the City's existing Public Safety Mello - Roos District. 14 March 16, 1993 7.1.6 Alternative Work Schedule REC• + 'ENDATION:Approve an alternative work (9/80 Plan) schedule for City employees to begin on June 1, 1993. Motion carried on a 5-0 vote. 8.0 MAYOR/ COUNCILMEMBER REPORTS/DISCUSSIONS 9.0 CLOSED SESSION 9.1 Potential Threatening Litigation. Pursuant to Government Code Section 54956.9 10.0 ADJOURNMENT Due to the lateness of the hour, Council adjourned to March 18, 1993, to complete the remaining business on the agenda. The hour of adjournment being 11:30 P.M. Submitted by Deputy City Clerk Approved Henry Hafliger, Mayor 15 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO DECLARING CERTAIN PROPERTY AS SURPLUS AND AUTHORIZING DISPOSAL OF SAID PROPERTY WHEREAS, the City of San Jacinto from time to time accumulates property not usable as a result of damage, age or no longer safe for use, and; WHEREAS, the City Council of the City of San Jacinto in an effort not to harbor property which cannot be used or is not cost effective to repair, has the authority to declare the property as surplus; NOW, THEREFORE, BE IT RESOLVED the City Council of the City of San Jacinto declares said property as shown on Attachment "A" to be surplus and authorizes the disposal of said property in accordance with lawful procedures. MOVED, PASSED, AND ADOPTED at a regular meeting of said City Council on the day of , 1993. AYES: NOES: ABSENT: ATTEST: MAYOR DEPUTY CITY CLERK ATTACHMENT "A" ITEM SERIAL NUMBER Caterpillar G379NA 72B545 Waukesha F1197GU 318540 • T • POWER .5'"YSTE MS CHUCK S MSS REPRESENTATIVE 8050 Othello Avenue • San Diego, CA 92111 Mailing Address: Box 708 • San Diego, CA 92112 Telephone' (619) 974-6600 Fax (6191 974-6819 8050 OTHELLO AVENUE • SAN DIEGO. CA 92111 MAIUNG ADDRESS. BOX 708 • SAN DEGO. CA 92112 BUS: (6(9) 974-6826 • HOME: (619) 538-6669 • FAX: (619)974-6619 February 19, 1993 City of San Jacinto 905 Industrial Way San Jacinto, CA 92582 Attention: RE: Dear John: John Townsell SURPLUS CATERPILLAR G379NA, S/N 72B545 & WAUKESHA F1197GU, S/N 318540 Hawthorne Power Systems is prepared to offer the amount of $6,000.00 for the G379 and $2,000.00 for the F1197GU less removal costs in the amount of $4,500.00. Net offer to the City of San Jacinto is $3,500.00. Removal costs are based on building roofs disassembled and ready for removal and clear access to building as per my inspection on February 16, 1993. Hawthorne Power Systems will disconnect exhaust piping, cooling lines, natural gas lines and monitoring/control connections. Thank you for the opportunity to bid this project and please do not hesitate to call me if you have any questions. Sincerely, HAWTHORNE POWER SYSTEMS I / 7i/ 4./ (,( Z/ ' Chuck Wallace Used Equipment Supervisor 5 7 STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: John Townsel, Water Superintendent DATE: 4/6/93 U/I SUBJECT: Purchase of Vehicle Recommendation: Approve the purchase of (1) 1993 1/2-ton pickup truck from Crest Chevrolet in the amount not to exceed $14,433.66. Background: This vehicle is a replacement for unit #301, a 1987 3/4-ton Dodge 4x4. Unit #301 has become very expensive to maintain, with over 50% of the last fiscal year spent out of commission. We would like to sell it off at our next auction. The new vehicle will be more economical, with a shorter wheelbase and smaller engine. Employee efficiency should be increased along with better maneuverability and gas mileage. Our purchasing ordinance has been followed with three competitive bids received and listed below: CREST CHEVROLET $14,433.66 INLAND CHEVROLET $14,629.70 RIVERSIDE CHEVROLET $16,232.24 This vehicle will not be delivered for a period of 60 to 90 days. Although funds are currently not available for this purchase, the Finance Dept. as well as myself are confident that our 4th quarter earnings will be well above normal operating expenses. This surplus will be used to pay for the purchase of this new vehicle. Slf STAFF TO: Honorable Mayor and Members of the City Council FROM: Anna A. Vega, Finance Director via Pamela S. Easter, City Manager SUBJ: Resolution Governing Purchase of Surplus Property DATE: April 6, 1993 RECOMMENDATION Adopt the attached Resolution authorizing City officials and/or City Employees to acquire federal surplus property from the California State Agency. BACKGROUND The State Department of General Services has requested that we complete a renewal application form along with a resolution authorizing certain employees to acquire surplus property. According to regulations governing the Federal Surplus Property Program, all organizations such as ourselves, must renew their eligibility periodically in order to purchase property from the State. If the City Council approves such resolution it would provide the City with another supplier for such items as vehicles, ammunition, computers and prisoner rations. RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY CF SAN JACINTO IS HEREBY AUTHORIZING CERTAIN CITY OFFICIALS AND/OR CITY EMPLOYEES TO ACQUIRE FEDERAL SURPLUS PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY. BE IT RESOLVED by the City Council, cf the City of San Jacinto and hereby ordered that the official(s) and/or employee(s) whose name(s) and title(s) are listed below shall be and is/are hereby authorized as our representative(s) to acquire federal surplus property from the California State Agency for Surplus Property under the Terms and Conditions attached as exhibit "A". Pamela S. Easter Anna A. Vega Joseph Kozma City Manager Finance Director Police Chief PASSED AND ADOPTED this 6th day of April, 1993 by the City Council of the City of San Jacinto by the following vote: AYES: NOES: AESENT: Henry Hafliger, Mayor CITY CLERK Deputy City Clerk EXHIBIT "A" TERMS AND CONDITIONS (A) THL DONEE CERTIFIES THAT: (I) It is a public agency; or a nonprofit institution or organization. exempt from taxation under Section 501 of the Internal Revenue C 1954: within the meaning of Section 20319 of the Federal Property and Administrative Services Act of 1949, as amended. and the regulations of the Administrator of General Services. ;2) If a public agency, the property is needed and will be used by the recipient for carrying out or promoting for the residents of a given political area one or more public purposes. or. if a nonprofit tax-exempt institution or organization. the property is needed for and will be used by the recipient for educational or public health purposes, including research for such purpose. or for programs for older individuals. The property is not being acquired for any other use or purpose, or for sale or other distribution: or for permanent use outside the state. except with prior approval of the state agency. i3) Funds are available to pay all costs and charges incident to donation. se.) This transaction shall he subject to the nondiscrimination regulations governing the donation of surplus personal property issued under Title VI of the Civil Rights Act of 1964. Title VI. Section 606, of the Federal Property and Administrative Services Act of 1949, as amended. Section 504 of the Rehabilitation Act of 1973, as amended, Title IX of the Education Amendments of 1972, as amended, and Section 303 of the Age Discrimination Act of 1975. (RI THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS: (I) Ail items of property shall he placed in use for the purposets) for which acquired within one year of receipt and shall he continued in use for such purposets) for one year from the date the property was placed in use. In the event the property is not so placed in use, or continued in use, the donee shall immediately notify the state agency and, at the donee's expense, return such property to the state agency, or otherwise make the property available for transfer or other disposal by the state agency, provided the property is still usable as determined by the state agency. +21 Such special handling or use limitations as are imposed by General Services Administration (GSA) on any Remus) of property listed hereon. (3) In the event the property is not so used or handled as required by (13)(1) and (2), title and right to the possession of such property shall at the option of GSA revert to the United States of America and upon demand the donee shall release such property to such person as GSA or its designee shall direct. (C) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY, APPLICABLE TO ITEMS WITH A UNIT ACQUISITION COST OF $5,000 OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST, EXCEPT VESSELS 50 FEET OR MORE IN LENGTH AND AIRCRAFT: (1) The property shall be used only for the purposes) for which acquired and for no other purpose(s). (2) There shall be a period of restriction which will expire after such property has been used for the purposeisi for which acquired a period of 18 months from the date the property is placed in use, except for such items of major equipment. listed hereon, on which th agency designates a further period of restriction. s3) In the event the property is not so used as required by (C)(1) and (2) and federal restrictions (R)(1) and (2) have expired then title and right to the possession of such property shall at the option of the state agency revert to the State of California and the donee shall release such property to such person as the state agency shall direct. ,D) THE DONEE AGREES TO THE FOLLOWING TERMS. RESERVATIONS, AND RESTRICTIONS: C1 From the date it receives the property listed hereon and through the periods of time the conditions imposed by ;i3) and tC:) above remain in effect, the donee shall nut sell. trade. lease. lend. bail. (cannibalize, encumber. or otherwise dispose of such property, or remove it permanently. for use outside the state. without the prior approval of GSA under (13) or the state agency under 1Ci The proceeds from any sale. trade. lease. loan. bailment, encumbrance, or other disposal of the property, when such action is authorized by GSA or by the state agency. shall be remitted promptly by the donee to GSA or the state agenev, as the case may be. 2) In the event any of the property listed hereon is sold, traded, leased, loaned, hailed, cannibalized, encumbered. or otherwise disposed of by the donee trom the date it receives the property through the periodts of time the conditions imposed by ;R) and tC) remain in effect, svithout the prior approval of GSA or the state agency. the donee, at the option of GSA or the state agency_ shall pay to GSA or the state agency, as the case may be, the proceeds of the disposal or the fair market value or the fair rental value of the property at the time of such disposal. as determined by GSA or the state agency. 3) If at any time, from the date it receives the property through the period(s) of time the conditions imposed by ,R) and (C) remain in effect. any of the property listed hereon is no longer suitable. usable, or further needed by the donee For the purposets) for which acquired. the donee shall promptly notify the state agency, and shall, as directed by the state agency, return the property to the state agency. release the property to another donee or another state agency or a department or agency of the United States, sell, or otherwise dispose of the property. The proceeds f rom any sale shall be remitted promptly by the donee to the state agency. (4) The donee shall make reports to the state agency on the use, condition, and location of the property listed hereon, and on other pertinent matters as may be required from time to time by the state agency. �) At the option of the state agency, the donee may abrogate the conditions set forth in (C) and the terms, reservations, and restrictions pertinent thereto in CD) by payment of an amount as determined by the state agency. (E) THE DONEE AGREES TO THE FOLLOWING CONDITIONS, APPLICABLE TO ALL ITEMS OF PROPERTY LISPED HEREON: l) The property acquired by the donee is on an "as is.- -where is" basis, without warranty of any kind. :2) Where a donee carries insurance against damages to or Toss of property due to fire or other hazards and where loss of or damage to donated property. with unexpired terms, conditions, reservations. or restrictions occurs, the state agency will be entitled to reimbursement from the out of the insurance proceeds, of an amount equal to the unarnortized portion of the lair value of the damaged or destroyed donated items, (F) ILRMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (50 FEET OR MORE IN LENGTH) HAVING AN .ACQUISITION COST OF S5,000 OR MORE, REGARDLESS OF TIIE PURPOSE FOR WHICH ACQUIRED: The donation shall be subject to the terms, conditions, reservations, and restrictions set forth in the Conditional 1'ranster, Document executed l,v the authorized donee representative- 92 64895 STAFF REPORT TO: Honorable Mayor and Members of the City Council 1' FROM: Brian McNabb, Director of Community Development DATE: April 6, 1993 SUBJECT: Request for Reduction\Release of Bonds for Tract 24190, located east of Hewitt Street and south of Evans Street APPLICANT: First Los Angeles Bank RECOMMENDATION Staff recommends that the Council reduce\release the following bonds for the above referenced tract. 1. Subdivision Improvement Security Performance Bond Bond #115 14 17 Original Bond $663,873.00 Reduce Bond to $127,649.50 2. Labor and Material Bond Bond #115 14 18 Original Bond $13777.00 Release Additionally, direct the City Clerk to notify the following agencies/individuals: 1. James W. Kent First Los Angeles Bank 2049 Century Park East, Thirty -Sixth Floor Los Angeles, CA 90067-3262 2. I. C. W. Group Insurance Company of the West Explorer Insurance Company P.O. Box 85563 San Diego, CA 92138-5563 BACKGROUND At this time, the public improvements for the above tract have been inspected and the above amounts have been determined to be appropriate. At present, the majority of the work is completed but only 50% of the houses are built and the amount being retained would adequately guarantee the remainder of the improvements. STAFF REPORT TO: Honorable Mayor and City Council FROM: Anna A. Vega, Finance Director via Pamela S. Easter, City Manager SUBJ: Community Facilities District Tax Administration DATE: April 6, 1993 RECOMMENDATION Authorize the Mayor to sign the agreement for consulting services for Mello -Roos Tax administration with David Taussig & Associates, Inc. not to exceed $40,000.00 and $3,000.00 for out- of-pocket expenses. BACKGROUND Last year staff went out to bid for administrative services for our Community Facilities Districts (CFD) and Assessment District (AD) 87-1. Out of five bidders, David Taussig & Associates, Inc. (DTA) was selected as administrators. DTA has undertaken activities necessary to collect the Mello -Roos special taxes in CFDs No. 1, No. 2 and No. 3 and the installment payments for AD No. 87-1. The proposed scopes of work for each community facilities district are similar to those provided in 1992-93 fiscal year. DTA will also assist the City in complying with Senate Pill 1464 which made several revisions to the Mello -Roos Community Facilities Act. SB 1464 has resulted in new disclosure and annual information reporting requirements. The proposed annual budget for professional services is time and materials only, for an amount not to exceed $40,000. The individual CFD charges are $9,000 for CFD No. 1 and 3 and $7,000 for AD 87-1 and $15,000 for CFD No. 2. The maximum annual budget has been reduced by $5,000 since Phase I of last year's contract (Project Review) no longer applies to the current administrative services. DAVID TAUSSIG & ASSOCIATES, INC. Ptr6itc Firuntce. Grhan Lc.Pr nus. P!:"r 301 Dove Street Suite 500 Newport Beach, CA 92660 Tel(714) 752-1554 Fax (714) 752-4058 AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT is made and entered into this 4th day of March 1993, by and between City of San Jacinto herein called "Client," and David Taussig and Associates. Inc., herein after called "Consultant." The Client and the Consultant in consideration of the mutual promises and conditions herein contained agree as follows. ARTICLE I TERM OF CONTRACT Section 1.1 This agreement shall become effective on the date stated above and will continue in effect until the earlier of (i) December 31, 1994 or (ii) until terminated as provided in Article 6 below. ARTICLE II SERVICES TO BE PERFORMED BY CONSULTANT Section 2.1 Consultant agrees to perform the professional services for the Client and to deliver the work products to the Client as described in the Scope of Work statement attached as Exhibit "A" hereto. Such professional services and work products, as from time to tune modified in accordance with Section 2.3 hereof. are collectively referred to as the "Consulting Services." Section 2.2 Consultant will determine the method, details and means of performing the Consulting Services. Consultant may, at Consultant's own expense, employ such assistance as it deems necessary to perform the Consulting Services required by Client under this Agreement. Consultant shall conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the Client, other than normal contract monitoring. Section 2.3 Any proposed changes in the Consulting Services hereunder shall be submitted to the other party hereto, and any such changes agreed to by the parties shall be reflected in an amendment to Exhibit "A" in accordance with Section 7.2 hereto. Section 2.4 Nothing in this Agreement shall give the Consultant possession of authority with respect to any Client decision beyond the rendition of information, advice, recommendation or counsel. 03/04/1993 City of San Jacinto Page 2 of 6 ARTICLE III COMPENSATION Section 3.1 Client agrees to pay Consultant for its Consulting Services a professional fee computed according to the Fee Schedule attached as Exhibit "B" hereto. Section 3.2 The Client shall reimburse the Consultant for Consultant's out-of-pocket expenses plus a 10 % administrative charge. Expenses shall include all actual expenditures made by Consultant in the performance of any Consulting Services undertaken pursuant to the Agreement, including, without limitation, the following expenditures: (a) Cost of clerical assistance @ $30.00 per hour. including typing, collation, printing and copying, plus copier and photography costs, including photographic reproduction of drawings and documents. (b) Transportation costs, including the use of personal automobiles at 28C per mile. rental vehicles and regularly scheduled commercial airline ticket costs. (c) Courier services, facsimile, and telephone expenses. Section 3.3 On or about the first two weeks of each month during which Consulting Services are rendered hereunder, Consultant shall present to Client an invoice covering the current Consulting Services performed and the reimbursable expenses incurred pursuant to this Agreement and exhibits thereto. Such invoices shall be paid by Client within thirty (30) days of the date of each invoice. A 1.2% charge may be imposed against accounts which are not paid within 30 days of the date of each invoice. Section 3.4 The maximum total fee amount set forth in Exhibit "B" may be increased as a result of any expansion of the Consulting Services to be rendered hereunder pursuant to Section 2.3 or as provided in Exhibit "A" hereto. Section 3.5 Records of the Consultant's costs relating to (i) the Consulting Services performed under this Agreement and (ii) reimbursable expenses shall be kept and shall be available to the Client or to Client's authorized representative at reasonable intervals during normal business hours. ARTICLE IV OTHER OBLIGATIONS OF CONSULTANT Section 4.1 Consultant agrees to perform the Consulting Services in accordance with Exhibit "A". Should any errors caused by Consultant's negligence be found in such services or products, Consultant will correct them at no additional charge by revising the work products called for in Exhibit "A" to eliminate the errors. 03/04/1993 City of San Jacinto Page 3 of 6 Section 4.2 Consultant will supply all tools and instrumentalities required to perform the Consulting Services under the Agreement. Section 4.3 Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Consultant without the prior written consent of Client. However, Consultant may subcontract portions of the work to be performed hereunder to other persons or concerns provided Consultant notifies Client of the name and address of said proposed subcontractor and Client either consents or fails to respond to notification with respect to the use of any particular proposed subcontractor. Section 4.4 In the performance of its Consulting Service hereunder, Consultant is, and shall be deemed to be for all purposes, an independent contractor (and not an agent, officer, employee or representative of Client) under any and all laws, whether existing or future. Consultant is not authorized to make any representation, contract or commitment on behalf of Client, Section 4.5 Neither this Agreement, any duties or obligations under this Agreement, nor the intentions or expectations of Client will cause the Consultant to be a "public official" as that term is used in Section 87100 of Title 9 of the California Government Code. Client and Consultant agree that Consultant is not a "public official" or "participating in governmental decision" as those terms are used in Section 87100. The Client and Consultant also agree that no actions and opinions necessary for the performance of duties under the Contract will cause the Consultant to be a "public official" or "participating in a governmental decision" as those terms are used in Section 87100. ARTICLE V OTHER OBLIGATIONS OF CLIENT Section 5.1 Client agrees to comply with all reasonable requests of Consultant and provide access to all documents reasonably necessary to the performance of Consultant's duties under this Agreement with the exception of those documents which Exhibit "A" calls upon the Consultant to prepare. Section 5.2 Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Client without the prior written consent of Consultant. Section 5.3 Consultant frequently is retained by developers, landowners. and other persons and concerns interested in development projects which often eventually lead to the preparation on a contract basis by Consultant of preliminary tax spread models for government agencies to determine tax rates and other matters necessary to accomplish various improvements to realty for financing under a Mello -Roos or other financing programs. In light of the foregoing, Client will determine whether or not it is appropriate to conduct a "significant substantive review" or a "significant intervening substantive review" of Consultant's activities conducted pursuant to this Agreement as such terms are defined in Section 18700(c)h of Title 03/04,1993 City of San Jacinto Page 4 of 6 42 of the California Administrative Code. Should Client elect to conduct such a substantive review. then Client shall determine whether it has sufficient expertise on staff to conduct such a review, and, if not, will retain an independent expert consultant to review Consultant's work. Thereafter, Client shall conduct such review. or cause such independent review to be conducted, prior to the making of any governmental decision relating to the matters contained within the Scope of Work described in Exhibit "A". The parties do not intend and nothing in this Section 5.3 is meant to imply that Consultant is a "public official," "participating in a governmental decision," or has a "financial interest" in the services provided as such terms are used in Section 87100 of Title 9 of the California Governmental Code. Section 5.4 Client, public agencies, landowners, consultants and other parties dealing with Client or involved in the subject development project referred to in Exhibit "A" will be furnishing to Consultant various data, reports, studies, computer printouts and other information and representations as to the facts involved in the project which Client understands Consultant will be using and relying upon in preparing the reports, studies, computer printouts and other work products called for by Exhibit "A." Consultant shall not be obligated to establish or verify the accuracy of the information furnished by or on behalf of Client, nor shall Consultant be responsible for the impact or effect on its work products of the information furnished by or on behalf of Client, in the event that such information is in error and therefore introduces error into Consultant's work products. Section 5.5 Client agrees to defend, indemnify and hold Consultant harmless from and against all obligations, losses, liabilities, damages. claims, attachments, executions, demands, actions and/or proceedings (collectively, "Claims") and all costs and expenses in connection therewith, including reasonable attorneys' fees, arising out of or connected with the performance of Consultant's Consulting Services under this Agreement, except as may arise from Consultant's willful misconduct or gross negligence. In that regard. Client will indemnify and hold Consultant harmless from any Claims arising from, growing out of, or in any way resulting from, errors contained in data or information furnished by Client or Client's designee to Consultant for use in carrying out the Consulting Services called for by this agreement. If for any reason the indemnification under this Section 5.5 is unavailable to Consultant or insufficient to hold it harmless, then the Client shall contribute to the amount paid or payable by Consultant as a result of such loss, liability, damage, claim, demand, action or proceeding in such proportion as is appropriate to reflect not only the relative benefits received by the Client on the one hand and Consultant on the other hand but also the relative fault of the Client and Consultant as well as any relevant equitable considerations; provided that Consultant's contribution obligations hereunder shall in no event exceed the amounts received by Consultant under this Agreement. Section 5.6 In the event that court appearances, testimony or depositions are required of Consultant by Client in connection with the services rendered hereunder, Client shall compensate Consultant at a rate of $130 per hour and shall reimburse Consultant for out-of- pocket expenses on a cost basis. 03/04/1993 City of San Jacinto Page 5 of 6 ARTICLE VI TERMINATION OF AGREEMENT Section 6.1 Either party may terminate or suspend this Agreement upon thirty (30) days written notice. Unless terminated as provided herein, this Agreement shall continue in force until the Consulting Services set forth in Exhibit "A" have been fully and completely performed and all proper invoices have been rendered and paid. Section 6.2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party at its option may terminate this Agreement by giving written notification to the defaulting party. Such termination shall be effective upon receipt by the defaulting party, provided that the defaulting party shall be allowed ten (10) days in which to cure any default following receipt of notice of same. Section 6.3 The covenants contained in Sections 5.5 and 5.6 shall survive the termination of this Agreement. ARTICLE VII GENERAL PROVISIONS Section 7.1 Any notices to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail. Mailed notices shall be addressed to the parties at the addresses appearing in the introductory paragraph of this Agreement, but each party may change the address by written notice in accordance with the first sentence of this Section 7.1. Notices delivered personally will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated as of two (2) days after mailing. Section 7.2 This Agreement and exhibits hereto supersede any and all agreements, either oral or written, between the parties hereto with respect to the rendering of service by Consultant for Client and contains all of the covenants and agreements between the parties with respect to the rendering of such services. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement. statement, or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement (including any exhibit hereto) will be effective if it is in writing and signed by the party against whom it is sought to be enforced. Section 7.3 If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. Section 7.4 Any controversy between the parties hereto involving the constniction or application of any of the terms, covenants, or conditions of this Agreement will, on the written request of one party served on the other, be submitted to binding arbitration in accordance with 03/04/1993 City of San Jacinto Page 6 of 6 the commercial rules and regulations of the American Arbitration Association and the provisions of the California Arbitration Act (Sections 1280 through 1294.2 of the California Code of Civil Procedure). The arbitration shall take place in Newport Beach, California. or such other location mutually agreed to by the parties. The arbitrator(s) shall be selected as follows: In the event that Consultant and Client agree on one arbitrator, the arbitration shall be conducted by such arbitrator. In the event Consultant and Client do not so agree, Consultant and Client shall each select an arbitrator and the two arbitrators so selected shall select the third arbitrator. If there is more than one arbitrator, the arbitrators shall act by majority vote. The decree or judgement of an award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Section 7.5 The prevailing party in any arbitration or legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' fees. The non -prevailing party shall be liable, to the extent allowable under law, for all fees and expenses of the arbitrator(s) and all costs of the arbitration. Section 7.6 This Agreement will be governed by and construed in accordance with the laws of the State of California. IN WITNFSS WHEREOF, this Agreement has been executed on the date and year first above written. CLIENT: City of San Jacinto David Taussig and Associates, Inc. By: By: j: \proposeladminisanjeclsanjac_2. agr David Taussig, President 03/04/1993 EXHIBIT A 'y1ELLO-RODS AND ASSESSMENT DISTRICT ADMINISTRATION SERVICES COMMUNITY FACILITIES DISTRICTS NO. 1, NO. 2 AND NO. 3, AND ASSESSMENT DISTRICT NO. 87-1 OF THE CITY OF SAN JACINTO SCOPE OF WORK Consultant shall provide financial consulting services to assist the City of San Jacinto ("Client") in the administration of Community Facilities District No. 1, No. 2, and No. 3 and Assessment District No. 87-1. The focus of these services shall be to determine the special tax rates and installment payments for each community facilities district and assessment district and to facilitate their collection in fiscal years 1993-94 and 1994-95 by the County of Riverside. The specific activities and tasks to be pertained under this Scope of Work include the following: Task 1 Background Research This task involves determining, gathering and organizing the land use data required to apportion and collect special taxes and installment payments, and includes the following subtasks: 1.1 Subdivision Research: Identify and obtain copies of all new final tract or parcel maps. Determine acreage for each parcel. 1.2 Apportionment of Assessment: Prepare amended assessment roll for Assessment District No. 87-1 should any parcels be subdivided. 1.3 Development Research: Determine building permit activity as of June 30, 1993. Identify building permit issuance date, building square footage and situs address for each new home. Review current Assessor Parcel Maps to determine which parcel numbers will be valid for fiscal year 1993-94. 1.4 Database Management: Update automated parcel database to include all new parcels. Data items will include Assessor Parcel Number and corresponding tract, lot and unit number, land square footage, building square footage, building permit issuance date and situs address. Task 2 Classification of Property This task involves application of the Rate and Method of Apportionment of the Special Tax to determine the appropriate special tax classification for each parcel and includes the following subtasks: 0310411993 City of San Jacinto Exhibit A Page 2 2.1 Exempt Property: Identify all property owned by public agencies or entities otherwise exempt from the special tax and classify as exempt property. 2.2 Taxable Property: Identify all taxable properties and assign to the appropriate special tax classification. Task 3 Financial Analysis This task involves calculating the Special Tax and Installment Payment Requirement and includes the following subtasks: 3.1 Financial Statements: Review/audit financial statements for all funds and accounts. Prepare summary analysis of financial activity for all funds. 3.2 Administrative Expense Budget: Assist Client with the preparation of an administrative expense budget. 3.3 Arbitrage/Rebate Calculations: Coordinate between the Client and the fiscal agent regarding arbitrage/rebate calculations, the selection of an arbitrage/rebate consultant and other related matters as may be required. 3.4 Special Tax and Assessment Spread: Contact the fiscal agent to confirm interest and principal payments. Compute special tax rates for all classifications of taxable property according to the Rate and Method of Apportionment. Calculate installment payments for each parcel according to the Method of Assessment. Task 4 Report Preparation This task includes the preparation of an Annual Special Tax or Annual Special Assessment Report containing the findings of the financial analysis and an explanation of the methodology employed to apportion the special taxes and installment payments for each special district. Included in the report is a list of special taxes or installment payments by Assessor's Parcel which can be used as the exhibit to the resolution authorizing the levy and collection of special taxes or ins ailment payments. Task 5 Submittal of Special Taxes to County of Riverside This task involves submitting the special tax or installment payment levy on or before August 10 or such other date specified by the County of Riverside to the Auditor -Controller for inclusion on the consolidated property tax bills. The special tax and installment levy will be submitted on magnetic tape or other media as specified by the County. 03104/1993 City of San Jacinto Exhibit A Page 3 Task 6 Delinquent Property Owner Research This task involves the review and research of County records to determine which parcels are delinquent in the payment of special taxes or installment payments, and includes the following subtasks: 6.1 Static Delinquency Report: Review the tri-annual Paid/Unpaid Status Reports provided by the Riverside County Auditor -Controller to detei mine which parcels are delinquent and the corresponding amount of delinquent special taxes or installment payments. Prepare report listing owner and mailing address of all parcels delinquent in the payment of special taxes or installment payments. 6.2 Collection of Delinquent Special Taxes: Assist Client with the development of procedures to cure delinquent special taxes or installment payments. Assist with the preparation of demand letters and support documents necessary for foreclosure actions. Task 7 Roll Changes and Adjusted Property Tax Bills This task involves monitoring any changes to the secured tax roll which necessitate new or adjusted property tax bills. This task includes the calculation of new or adjusted bills and the preparation of requests to the County to prepare such bills. Task 8 Responses to Property Owner Questions This task involves the provision of information to property owners and other interested parties by telephone and/or in writing regarding the amount and calculation of the special tax and installment payments. Formal meetings with property owners or other interested parties shall be considered "Additional Work" as described in the Limitations section of the Fee Schedule. Task 9 Prepayment Calculations This tasks involves calculating the amount required to prepay the special tax or special assessment for any given parcel. Task 10 Compliance with Senate Bill (SB) 1464 This task involves assisting Client meet the new annual reporting and special tax disclosure requirements as specified by SB 1464, the 1992 Mello -Roos Amendment Bill, and includes the following subtasks: 9.1 Prepare and submit required data to the California Debt Advisory Commission each October in compliance with Section 53359.5 of the Government Code (as amended by SB 1464). 03/0411993 City of San Jacinto Exhibit A Page 4 9.2 Assist client in the preparation of special tax disclosure documents pursuant to Section 1102.6b of the Civil Code and Section 53340.2 of the Government Code (as amended by SB 1464). Task 11 Meetings Consultant will schedule up to four formal meetings per year with Client including the following: • One meeting to review the spread of Mello -Roos special taxes or installment payments and the Annual Special Tax or Installment Payment Report. including a discussion of the findings of the financial analysis. • Council meeting at which the resolution authorizing the levy and collection of special taxes or installment payments is scheduled for adoption. proposakadmin\sanjac\seniac_2.agr1 03/04/1993 EXHIBIT B MELLO-ROOS AND ASSESSMENT DISTRICT ADMINISTRATION SERVICES COMMUNITY FACILITIES DISTRICTS NO. 1, NO. 2 AND NO. 3, AND ASSESSMENT DISTRICT NO. 87-1 OF THE CITY OF SAN JACINTO ANNUAL FEE SCHEDULE The proposed annual Budget for Tasks 1 through 11 in the Scope of Work is $40.000. The $40.000 represents a maximum amount not to be exceeded, subject to the limitations identified below, unless otherwise agreed upon by the City of San Jacinto (Client). This total budget for services is estimated to include up to 59,000 each for Community Facilities Districts No. 1 and No. 3, up to $15,000 for Community Facilities District No. 2 and up to $7,000 for Assessment District No. 87-1. These component costs are estimates only, and are not intended as budgetary constraints for each district. The annual budget maximum of $40,000 is an aggregate maximum and will be applied toward the total of all fees for services rendered, whether or not the component estimates are exceeded. Consultant shall charge the following hourly rates for services related to Tasks 1 through 11. Principal $120/Hour Senior Vice President 120/Hour Vice President 100/Hour Director/Manager 100/Hour Senior Associate 95/Hour Associate 80/Hour Analyst 70/Hour Research Assistant 50/Hour Monthly progress payments will be made by Client upon presentation of invoice by Consultant providing details of services rendered and expenses incurred. At Client's request services in addition to those identified in the Scope of Work may be provided if the total fee required to complete Tasks 1 through 11 is less than $40,000. Alternatively, if the Scope of Work can be completed for less than the maximum amount, only the hours actually expended will be billed. In addition to fees for services, Client will reimburse Consultant for travel, photocopying, database services or materials, facsimile and telephone calls, clerical services, and other out-of- pocket expenses, in an amount not to exceed $3,000. LLMITATIONS Formal meetings with property owners and/or other interested parties are not covered under Tasks 1 through 11 and would, therefore, be treated as "Additional Work." Fees for the completion of services defined as Additional Work shall be billed at the hourly rates listed above. Additional services other than those necessary to amend errors on the part of Consultant in Tasks 1 through 11 are not covered by the $40,000 maximum listed above. j:Aproposal\adminysanjaeAsanjac_2.agr 03/04/1993 STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Les Evans DATE: April 6, 1993 SUBJECT: AGREEMENT WITH PHOENIX PROGRAMS, INC. FOR RESTROOM MAINTENANCE AND MAIN STREET CLEANING Recommendation: Approve the Contract Services Agreement with Phoenix Programs, Inc. for summer restroom maintenance and Main Street cleaning. Fiscal Impact Proposed services would cost an estimated $10,000 for the May - September period. Gas Tax funds could be utilized for the Main Street sweeping and Park Funds for restroom maintenance on a 50-50 split. Background During the summer months, park usage increases and maintenance and repairs of restrooms requires a commitment of 20 hours a week of personnel and a vehicle to inspect, clean, repair, paint and travel between park restrooms. In addition, refuse pick- up and minor repair and painting in the parks can occupy a person full-time. In addition, Main Street is a source of continual complaint from business owners due to dirty sidewalks and gutters, overflowing trash cans and litter. City staff is unable to give daily attention to Main Street without sacrificing other assigned tasks. Phoenix Programs personnel have met with the City and are proposing to provide restroom, park and Main Street cleaning on a daily basis during the spring and summer months. They propose a daily charge of $120 for the duties described in their letter and in the proposed contract. A description of Phoenix Programs services is attached. Page Two The services proposed by Phoenix Programs would improve service levels in the parks and on Main Street, provide meaningful work for Phoenix Programs clients and generate funds for the local Phoenix House, reducing their dependency on contributions. The proposed cost of services is comparable to the City's cost of providing a lower level of service than that proposed by Phoenix Programs. The City may wish to contract with Phoenix Programs on a trial basis in order to evaluate the service. BOARD (A, DIRECTORS Andrea Black Man Pro.uient Tons Akins to President 1 Leonard Kulh S re President II Pins Carlson Tensiines irtdflt John Ikras 14111Ci tinirea Blackmon Vs mitred dresser Damel Fletcher kilos alkison Richard 11,uris James King Fran Slartin Nrlis Pastas Sheri Ponti Est:onto SO eileareo Nina sitembeig s, lama Wooksorth PHOENIX HOUSE ADVISORY BOARD Nell Dickinson Lynne Mali Catherine inskor Will Tinning R011 Urzedowski Peggs Zisch EXECUTIVE DIRECTOR Vicki Van Fleet Smith, PROJECT DIRECTOR Peggy Hose El Phoenix House PO. Boa 3868 lionet, CA 92546 (714) 929-1968 ....1-10ENIX PROGRAMS, Inc. 28120 STATE STREET P.O.BOX 3868 HEMET CALIFORNIA 92546 (714) 929-1968 FAX (714) 652-3121 March 10, 1993 Mr. Les Evans, Director of Public Works City of San Jacinto 201 E. Main Street San Jacinto, CA 92583 Dear Mr. Evans: Regarding our recent conversation, we at Phoenix Program would like to introduce ourselves and then offer the following proposal for your review and the City Council's approval. Phoenix Programs is a community based mental health agency that serves adults regardless of race or gender who are disabled because of a mental disability, mentally disabled homeless and mentally chemical abusers. The program provides 24-hour crisis services, day treatment, transitional supportive housing and vocational services. The purpose of Phoenix Program is to give individuals who are in a life crisis an alternative to hospitalization, jail and/or homelessness and to give them an opportunity to attain their highest potential and be an integral productive member of our community. Phoenix Programs, a non-profit corporation, has been providing a continuum of services in the Valley since 1983. Direct services include a 24-hour crisis line, individual and group counseling, support groups, drug counseling, transitional housing and vocational opportunities. The day treatment classes include drug education, stress and anger management, self-esteem building and family relationships. Many former program participants and community citizens volunteer their talents in the day treatment program. "Jobs Unlimited" is a mobile work unit conceived in October 1992 by former consumers of our programs and interested community citizens. This work service project was developed to provide actual work experience for the mentally disabled, mentally disabled homeless, recovering chemical abusers and the unemployed citizens in our area. PHOENIX PROGRAMS. INC. CORPORATE OFFICES P.O. BOX 315, CONCORD, CALIFORNIA 94522 PhOENIX PROGRAMS HOARD OF DIRECTORS kndrea hi a Immo wient low Akins Prewfrell 1 Leona ril kullv XS, c P11'11(1111( r," c arlkon 1(n Dras land So octant Andrea Blachinsn Winitred lirewer Fletcher John riillosini Meleril Hams lit new Kim! Mari artin 1r1i, Pwslon Mice Ponti Eduardo Sonatkarro Wino Steinberg Marela Woolworth PHOENIX HOUSE ADVISORY BOARD Nell Di eki 1111Pvioll Catherine Tax lor Will Thomas Ron Urzedowski Peggy Lisa EXECUTIVE DIRECTOR Vicki Van Fleet Smith. M.S.W PROJECT DIRECTOR Peiwx Ho< 0 Phoenix Horse P.O. BON 3868 liornet. CA 92546 !714) 929-1968 Page Two 28120 STATE STREET P.O. BOX 3868 HEMET, CALIFORNIA 92546 (714) 929-1968 FAX (714) 652-3124 Jobs Unlimited offers a variety of opportunities to individuals depending on their ability to work, interests and needs. The goal of the program is to teach marketable skills, provide assistance to our cities, elderly and disabled and gain self confidence and support in finding part-time and full- time employment. At the present time we are working as partners with the San Jacinto Chamber of Commerce on the Kiosk Program. The builders' "directional signs" are placed in designated areas each Friday and removed the following Monday. This project helps San Jacinto's beautification goals to limit the number of signs from cluttering the landscape. The project we are asking for your consideration is a 60-hour/week project from April 15, 1993 through September 15, 1993, with the possibility of renegotiating. Phoenix's "Jobs Unlimited" would provide a crew of 3 which would include a working supervisor. The duties performed would include: Main Street (from Pico to 200 feet east of City Hall- 312 E.) 1. Hand sweep Main Street sidewalks and gutters 2. Empty trash cans twice/week or as needed. 3. Pick up and dispose of debris on sidewalks, streets and private property. 4. Report any vandalism to public or private property. 5. Maintain contact with downtown business owners to promote an attitude of helpfulness. Parks 1. Unlock restrooms in Sallee, Mistletoe and Rancho Parks every week day morning. Inspect for vandalism. PHOENIX PROGRAMS, INC. CORPORATE OFFICES P.O. BOX 315, CONCORD, CALIFORNIA 94522 BOARD OF DIRECTORS inclrea BIuc roan Prrs(drel h,n, Akins Yoe Peet sethent Leonard Kul, `,hey Prrsvtw,t 11 Tim Carlson fro.tvrz+ (u6n DraiLind SrcreLan; Andrea Nacho :n Wi nitrad Brower Daniel Fletcher John Cllkison Richard f{arns Jnner Kinc Fran Martin Adis P.1,1a0, dice Ponh E:st iardo Solra!Farro Nina Steinherg \torero Woolworth PHOENIX HOUSE ADVISORY BOARD Nell Diddle:on Lynn Mall Catherine Taylor Will Thomas Ron Urzedowski Peggy Zilch EXECUTIVE DIRECTOR Vicki Van Fleet Smith, LI.S.W. PROJECT DIRECTOR Proz,p Hose ❑ Phoenix }lame P.O. Box 3868 Hemet. CA 92546 (714i 929-1968 Page Three rIOENIX PROGRAMS, Inc. 28120 STATE STREET P.O. BOX 3868 HEMET. CALIFORNIA 92546 (714) 929-1968 FAX (714) 652-3124 2. Pick up paper and debris in parks (Sallee, Druding, Mistletoe and Rancho). Clean the restrooms at Sallee, Mistletoe and Rancho Parks. Jobs Unlimited workers are covered with workers compensation and liability insurance, and we will also provide the proper amount of liability insurance needed to cover the City. Proper taxes will be deducted from their wages and once again they will be tax -paying citizens. They will have supervision by our vocational counselor as well as the crew leader On behalf of our clients, we appreciate your consideration of this proposal. We feel it would benefit the City of San Jacinto as well as give a start to our disabled and recovering people who wish to become contributing citizens in our community. Sincerely, Peggy Rdse Project Director Ken Shaw Jobs Unlimited Coordinator PHOENIX PROGRAMS, INC. CORPORATE OFFICES P.O. BOX 315, CONCORD. CALIFORNIA 94522 CONTRACT SERVICES AGREEMENT FOR MAINTENANCE THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement"), is made and entered into by and between the CITY OF SAN JACINTO, (herein "City"), a municipal corporation and PHOENIX PROGRAMS, INC. (herein "Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and service contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of a quality, fit for the purpose intended. 1.2 Contractor's Proposal. The Scope of Services shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law, All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the January 1993 CONTRACT SERVICES AGREEMENT Contractor's performance of the services required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acuuainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to crder extra work or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written order is first given by the -2- CONTRACT SERVICES AGREEMENT Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of five percent (50) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B" and incorporated herein by this reference, but not exceeding the maximum contract amount of Ten Thousand Dollars (S)10,000 (herein "Contract Sum"), except as provided in Section 1.8. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such other methods as may specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, premiums for bonds and insurance, and similar costs and expenses when and if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor CONTRACT SERVICES AGREEMENT at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation (Exhibit B), in any month in which Contractor wishes to receive payment, no later than the first (1st) working day of such month, Contractor shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. All invoices shall include the following minimum information: (1) Total authorized project amount (2) Amount of previous invoices (3) Amount of this invoice (4) Amount of remaining funds (5) Project number (6) Project account number (7) Project name City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "C", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not -4 CONTRACT SERVICES AGREEMENT restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The Contracting Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgement of the Contracting Officer such delay is justified. The Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of Lhis Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Section 7.5 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "C"). 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Peggy Rose Phoenix Programs, Inc. P.O. BOX 3866 Hemet, CA 92546 It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the -5- CONTRACT SERVICES AGREEMENT foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of the City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (256) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and -6- CONTRACT SERVICES AGREEMENT shall remain at all times as to City a wholly independent Contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis. If the Contract Sum is $25,000.00 or less, the policy of insurance shall be written in an amount not less than either (i) a combined single limit of $500,000.00 or (ii) bodily injury limits of $250,000.00 per person, $500,000.00 per occurrence and $500,000.00 products and completed operations and property damage limits of $100,000.00 per occurrence and $100,000.00 in the aggregate. If the Contract Sum is greater than $25,000.00 but less than or equal to $100,000.00, the policy of insurance shall be in an amount not less than either (i) a combined single limit of $1,000,000.00 for bodily injury, death and property damage or (ii) bodily injury limits of $500,000.00 per person, $1,000,000.00 per occurrence and $1,000,000.00 products and completed operations and property damage limits of $500,000.00 per occurrence and $500,000.00 in the aggregate. If the Contract Sum is greater than $100,000.00, the policy of insurance -7- CONTRACT SERVICES AGREEMENT shall be in an amount not less than $5,000,000.00 combined single limit. (b) 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 Contractor and the City against any loss, claim, or damage arising from any injuries cr occupational diseases occurring to any worker employed by or any persons retained by the Contractor in zhe course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of $250,000.00 per person and $500,000.00 per occurrence and property damage liability limits of $100,000.00 per occurrence and $250,000.00 in the aggregate or (ii) combined single limit liability of $500,000.00. Said policy shall include coverage for owned, non -owned, leased and hired cars. (d) Additional Insurance. Policies of such other insurance as may be required in the Special Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or canceled without providing thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation -8- CONTRACT SERVICES AGREEMENT date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. The Contractor agrees that the provision of this Section 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or persons for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1. 5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents, or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; -9- CONTRACT SERVICES AGREEMENT (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance or failure to perform of such work, operations Or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents, or employees is made a party to any action or proceeding filed cr prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents, or employees, any and all costs and expenses incurred by the City, its officers, agents, or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 5.3 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating -10- CONTRACT SERVICES AGREEMENT Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Officer due to unique circumstances. In the event the Contract Officer determines that the work cr services to be cerformed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5.0 may be changed accordingly upon receipt of written notice from the Contract Officer; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Contract Officer to the City Council of City within 10 days of receipt of notice from the Contract Officer. 6.0 RECORDS AND REPORTS 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract. Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. -11- CONTRACT SERVICES AGREEMENT 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside or San Bernardino, State of California, or any other appropriate court in such counties, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such -12- CONTRACT SERVICES AGREEMENT default within ten (10) days of services of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.6. 7.3 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights -13- CONTRACT SERVICES AGREEMENT and remedies of the parties are cumulative and the exercise by either party of one or more of such 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 the other party. 7.5 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.6 Termination Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any time upon, with or without cause, upon sixty (60) days' written notice to the City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in -14- CONTRACT SERVICES AGREEMENT accordance with the Schedule of Compensation (Exhibit "13") or such as may be approved by the Contract Officer. In the event of termination without cause pursuant to this Section, the terminating party need not provide non - terminating party with the opportunity to cure pursuant to Section 7.2. 7.7 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated. 7.8 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. CONTRACT SERVICES AGREEMENT 8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, 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, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF SAN JACINTO, 312 E. Main Street, San Jacinto, California 92583, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered, or in seventy-two (72) hours from the time of mailing, if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. -16- CONTRACT SERVICES AGREEMENT 9.3 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Seyerability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. -17- Contract Services Agreement IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date stated below for execution by the Mayor. CITY OF SAN JACINTO a Municipal Corporation Dated: By: Henry C. Hafliger Mayor Dated: By: Pamela S. Easter City Manager Attest: Richard Brewer City Clerk CONTRACT SERVICES AGREEMENT APPROVED AS TO FORM: COX, COX & CAMPER ------- JAMES A. COX City Attorney Dated: CONTRACTOR: Company: By: Name: Title: By: Name: Title: Address: EXHIBIT "A" SCOPE OF SERVICES PARKS 1 Unlock restrooms in Sallee, Mistletoe and Rancho Parks on week day mornings during school vacation periods (including Spring and Summer vacation). Inspect for vandalism. Clean restrooms, replace paper. Unlock restrooms in Sallee, Mistletoe and Rancho Parks on Monday and Friday mornings when school is in session. 2. Pick up paper and debris in parks (Sallee/Druding/Rancho/Mistletoe) on days when restrooms are cleaned. MAIN STREET 1 Hand sweep Main Street and Main Street sidewalks and gutters twice weekly or as needed (Pico to 200 feet east of City Hall (312 E.) 2. Empty trash cans twice/week or as needed. 3. Pick up and dispose of debris on sidewalks, streets and adjacent private property. 4. Report any vandalism to public or private property. 5. Maintain contact with downtown business owners to promote an attitude of helpfulness NOTE: All tools, supplies and transportation will be provided by contractor. EXHIBIT "B" SCHEDULE OF COMPENSATION Restrooms Cleaning $70.00 per day Main Street Sweeping $50.00 per day Miscellaneous Maintenance Services $10.00 per hour TO: FROM: DATE: SUBJECT: STAFF REPORT Honorable Mayor and City Council Members Brian McNabbDirector of Community Development via Pamela S. Easter, City Manager April 6, 1993 CONCEPTUAL SPECIFIC PLAN 2-88, AMENDMENT 4 APPLICANT: PR EQUITIES 1655 E. Sixth Street, Unit A4A Corona, CA 91719 NEIGHBORHOOD Rose Ranch RECOMMENDATION The Planning Commission recommends that the City Council adopt a Resolution approving Conceptual Specific Plan 2-88, Amendment 4, subject to the Findings of Fact. DESCRIPTION A proposal to amend Phase II of the Rancho San Jacinto Specific Plan to allow for a 15 foot front yard for single family homes when the garage access does not face or is not parallel to the street. The Rancho San Jacinto Phase II is located east of Hewitt Street, south of Esplanade Avenue to Mountain Avenue and west of the Meridian Channel. BACKGROUND To date, there have been three amendments to Phase II of the Ranch San Jacinto Specific Plan. The first amendment to the Plan established the minimum and the minimum average dwelling unit sizes for the tracts within Phase U. The second amendment to the Plan was related to a change in the land use classifications of two non- contiguous parcels, an increase in the maximum permitted density for multi -family development to 25 dwellings per acre and the establishment of fence standards for multi- family housing. Amendment #3 to the Plan established Senior Citizen housing development standards. City Council April 6, 1993 Page No. 2 Related to this proposal is Comprehensive Development Plan 1-93, also being considered on this agenda, proposed by PR Equities for Barratt Homes. CDP 1-93 is for Tract 24056, a 103 lot subdivision of 23 acres. The Planning Commission conducted a public hearing on Amendment #4 to Phase II on February 10, 1993, and recommended City Council approval. Attached for your review is the Planning Commission Staff Report dated February 10, 1993. Additionally, at the Planning Commission meeting, no testimony was received regarding this proposal. In addition to the legally prescribed public hearing notices, the Rancho San Jacinto Homeowners Committee has been notified of this proposal via the second Rancho San Jacinto newsletter. CCRPT-93\SP2-88A4.APR Attachments: 1. Specific Plan Amendment Resolution 2. Planning Commission Staff Report dated February 10, 1993, with related attachments City Council April 6, 1993 Page No. 3 FINDINGS OF FACT CONCEPTUAL SPECIFIC PLAN 2-88, AMD. 4 1. The amended conceptual Specific Plan will not result in an increase in density or change in land use. 2. The amended conceptual specific plan provides for design flexibility and visual variety while still maintaining consistent architectural character which implements the design goals of the Specific Plan Development Guidelines. 3. The amended conceptual specific plan further implements the Land Use Element of the General Plan by providing design innovation and flexibility. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO APPROVING THE FOURTH AMENDMENT TO THE RANCHO SAN JACINTO SPECIFIC PLAN PHASE II (SPECIFIC PLAN 2-88), LOCATED SOUTH OF ESPLANADE AVENUE, NORTH OF WASHINGTON AVENUE, EAST OF HEWITT STREET AND WEST OF THE MERIDIAN CHANNEL, SUBJECT TO FINDINGS OF FACT WHEREAS, pursuant to the Government Code public hearings were held by the Planning Commission and the City Council concerning the fourth amendment to Specific Plan 2-88 (the Rancho San Jacinto Specific Plan); WHEREAS, the fourth amendment to the Rancho San Jacinto Specific Plan Phase II allows for a reduction in the required front yard for single family homes proposed for the Specific Plan area, as described in Exhibit "A", and will not significantly increase the approved and planned intensity or density of development within the Specific Plan area; WHEREAS, the fourth amendment to Rancho San Jacinto Plan Phase II will not increase the unit count above the approval of 2,200; WHEREAS, the fourth amendment to Rancho San Jacinto Plan Phase II implements the policies of the General allowing for design innovation and flexibility within the Plan area; Specific original Specific Plan by Specific WHEREAS, the fourth amendment to Rancho San Jacinto Specific Plan Phase II implements the design goals of the Specific Plan Design Guidelines by allowing for design flexibility and visual variety while maintaining consistent architectural character within the Specific Plan area; WHEREAS, the fourth amendment to Rancho San Jacinto Specific Plan Phase II is consistent with the originally approved Specific Plan and the City General Plan. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: That Specific Plan 2-88, Amendment 4, on file with the City Clerk, including the Findings of Fact, and Exhibits, hereby allows for reduced front yards, as described in Exhibit "A", for single family housing proposed for the Specific Plan unless said standards are repealed or amended. MOVED, PASSED AND ADOPTED the day of , 1993. AYES: NOES: ABSENT: Mayor ATTEST: Deputy City Clerk RESOLUTION NO. EXHIBIT "A" PROPOSED TEXT MODIFICATION TO RANCHO SAN JACINTO SPECIFIC PLAN, PHASE II Section V. Development Standards and Criteria F. Low Density Residential 5. Setbacks Front and rear yards shall be no less than twenty (20) feet. However, the front yard setback may be reduced to fifteen (15) feet for the attached garage only provided the garaciq door (that provided for vehicular access) does not face the front yard. Side yards shall be no less than five (5) feet. STAFF REPORT TO: Chairman Rutledge and Members of the Planning Commission FROM: Timothy M. Hults, Senior Planner via Brian Mc Nabb, Director of Community Development DAIL: February 10, 1993 SUBJECT: CONCEPTUAL SPECIFIC PLAN 2-88, AMENDMENT 4 APPLICANT: PR EQUITIES 1655 E. Sixth Street, Unit A4A Corona, CA 91719 DESCRIPTION A proposal to amend Phase II of the Rancho San Jacinto Specific Plan to allow for a 15 foot front yard for single family residences provided the garage does not face the street. Additionally, the proposal will implement the Rancho San Jacinto Development Guidelines which already allow the 15 foot front yard under the same circumstances. Rancho San Jacinto Phase II is located south of Esplanade Avenue to Washington Avenue, and east of Hewitt Street to the Meridian Channel. EXHIBIT "A" EXHIBIT "B" BACKGROUND RANCHO SAN JACINTO BASE MAP PROPOSED GUIDELINES To date, there have been three amendments to Phase II of the Rancho San Jacinto Specific Plan. Amendment #1 was approved by the Council on September 1, 1992 and established minimum and minimum average dwelling unit sizes for the tracts within Phase II. Amendment #2 was approved by the Council on November 17, 1992 and changed the land use classification of two non-contiguous parcels, increased the maximum permitted density for senior housing to 25 dwellings per acre and established specific fence standards for senior housing. The parcels affected by Amendment are located at the southeast corner of Hewitt Street and Esplanade Avenue (11.8 acre site - Senior Development) and on the north side of Esplanade Avenue to Mountain Avenue (10.04 acre site - Neighborhood Commercial). The third amendment to Phase I1 establishes Senior Housing Development Standards and is scheduled for public hearing before the City Council on February 16, 1993. PLANNING COMMISSION FEBRUARY 10, 1993 PAGE NO. 1 ENVIRONMENTAL AN, _—YSIS This project only modifies the allowable front yard for single family homes and does not involve a change in land use or density. Therefore, this project has been determined to be a Class 5 Categorical Exemption, pursuant to Section 15305 of the California Environmental Quality Act. DISCUSSION This proposal is related to Comprehensive Development Plan 1-93, also on this agenda, which is being proposed by Barratt Homes. Also, this proposal is necessary to bring the Specific Plan standards and guidelines into conformance with one another. As indicated above, the Rancho San Jacinto Development Guidelines already allow the 15 foot front yard when swing -in or side facing garages are proposed. The intent of the design alternative is to provide setback variation to create unit individuality and the street scene enhancement. To date, no other developer has proposed this design theme. As such, to allow Barratt Homes to develop this alternative garage design the Specific Plan must he amended. This proposal implements many of the design goals for the Specific Plan. The alternate design allows for variation in street scene to avoid monotony from repetitive floor plans and/or garages. Additionally, it allows the developer to establish consistent architectural character while allowing flexible design expression. Furthermore, the Development Guidelines encourage individuality and identifiable entry expression for developments. This can be achieved by variation in the use sub -elements such as garages. In many low -density residential designs, garages are the predominant element of the street. With the recent proliferation of three car garages, the garage is magnified to greater extent as much more garage is exposed to the street. This proposal allows for less street exposure and creates visual variety on the street. In the ongoing preparation of City-wide design guidelines, the committee recommended that this design alternative he adopted for much the same reasons stated above.. RECOMMENDATION Staff recommends the Planning Commission adopt Resolution No. 93-05 recommending the City Council prove Conceptual Specific Plan 2-88, Amendment 4, subject to the Findings of Fact. ------ 0:•• ) Timothy . Hults Senior Planner PLANNING COMMISSION FEBRUARY 10, 1993 PAGE NO. 2 FINDINGS OF FACT CONCEPTUAL SPECIFIC PLAN 2-88, AMD. 4 1. The amended conceptual Specific Plan will not result in an increase in density or change in land use. 2. The amended conceptual specific plan provides for design flexibility and visual variety while still maintaining consistent architectural character which implements the design goals of the Specific Plan Development Guidelines. 3. The amended conceptual specific plan and development agreement further implement the Land Use Element of the General Plan by providing design innovation and flexibility. PLANNING COMMISSION FEBRUARY 10, 1993 PAGE NO. 3 P 2 I 9-D P P .1%, COMMONWEALTH 4l1106.0411100411011.141911.101111.11@ii1M100.0.6641111111+ SPECIFIIC PLAN AMENDMENT (TEXT CHANGE ONLY) TO RANCHO SAN JACINTO (PHASE 11) 41114nr4VS4E414.ps..p.gillkItt4. ASH1hGToN d•••••••• LEGEND R-1000 - EXISTING ZONIC3 PROJECT BOUNDARY 4642.414(407444.10 f VIM* 411114M+0010011111=1•10,20C41,411181111.11114MIER•211111.844•10111114{114311.1 ND AVENUE 4....44/.....444.4. JE: aussamaraaataavassims OWRY NOT TO SCALE +114140411411.14411MM414414411021511.411410.1184110011..0.1111•110.1.10101+0=0111+04411411...412. Dir4WERS a PL VOILP 045 WEST FLORIDA AVENUE P O. BOX IIELIV. CALIFORNIA 02543 17141 455-7116 FAX (714) 052-0504 +.4 TO: FROM: DATE: SUBJECT: STAFF REPORT Honorable Mayor and City Council Members Brian McNabb, Director of Community Development via Pamela S. Easter, City Manager April 6, 1993 ENVIRONMENTAL IMPACT ASSESSMENT AND COMPREHENSIVE DEVELOPMENT PLAN 1-93 APPLICANT: P-R Equities 1655 E. 6th Street Unit A4A Corona CA 91719 (909) 272-6660 ENGINEER: NBS/LOWRY 1545 W. Florida Avenue Hemet, CA 92546 (909) 658-7116 NEIGHBORHOOD: Rose Ranch DESCRIPTION The proposal for consideration is the Comprehensive Development Plan for Tentative Tract 24056, a 103 lot single family subdivision on approximately 23.25 acres Located south of Esplanade Avenue, east of Villines, within Rancho San Jacinto Phase II. RECOMMENDATION The Planning Commission recommends the City Council adopt a Negative Declaration and approve Comprehensive Development Plan 1-93 for Tentative Tract 24056 subject to the Finding of Fact incorporated herein. City Council April 6, 1993 Page No. 2 BACKGROUND On February 10, 1993 the Planning Commission recommended that the City Council approve Comprehensive Development Plan 1-93, a comprehensive development plan (CDP) for Tract 24056, an approved 103 lot single family subdivision on approximately 23.25 acres. The site is located south of Esplanade Avenue, east of Villines, within Rancho San Jacinto Phase II. Eight phases are proposed for this development which will contain three different floor plans. The proposed floor plans are 1752, 2011 and 2098 square feet in area. The minimum floor area of 1752 square feet and the minimum average floor area of 1953 square feet is in compliance with the standards required by Development Agreement 1-89, Amendment 1 and Conceptual Specific Plan 2-88, Amendment 1. All three floorplans available in Tract 24056 will be equipped with a three car garage. There are three elevations proposed for each floorplan. One elevation for each floorplan has river rock, wood and stucco. The second elevation has brick veneer, wood and stucco for each floorplan. The remaining elevation for each floorplan is wood and stucco. The Planning Commission previously determined brick, wood and stucco to be consistent with existing homes and Rancho San Jacinto design standards. The rancho San Jacinto Development Guidelines identifies stone (river rock) to be permitted as design accents and trim. The proposed roof material for each home is tile. The two smaller units are proposed to be single story, while the largest unit proposed is two stories. This comprehensive development plan is in compliance with the standards of the Rancho San Jacinto Design Guideline and Specific Plan. The bulk and scale of the proposed homes are comparable to the homes in the surrounding developments. In a review of the surrounding residential development, it was noted that all proposed models are equivalent to the widest home in the area. Also as indicated, the height of the proposed homes is similar to those in the area. Barratt Homes has provided floorplans with an alternate garage plan that provides entry into the garage from the side for floorplans No. 1 and No. 3. Barratt is only requesting to use the side loading garage on floorplan No. 3, and are only requesting it for 11 of the 33 homes using floorplan No. 3. In order for this alternate floorplan to be approved, the Council must adopt a fourth amendment to Specific Plan 2-88 allowing the front yard setback for homes with a side entry garage to be reduced from 20' to 15'. This amendment is on the agenda for this City Council meeting. This alternate garageplan is identified in the Rancho San Jacinto Specific Plan Development Guidelines and is intended to provide design flexibility to allow for streetscape variation to reduce monotony. City Council April 6, 1993 Page No. 3 FINDINGS OF FACT 1. SP 1-88 was approved on August 16, 1988 with Conditions 2. SP 2-88 was approved on August 16, 1988 with Conditions 3. Tentative Tract 24056 was approved on June 18, 1991 with Conditions 4. All environmental impacts associated with the development of the site have been mitigated through the Conditions of Approval of Specific Plan 2-88 and Tentative Tract 24056. 5. The property underlying CDP 1-93 is zoned R-1, 7200 6. Utilities are available to serve the site 7. Community Facilities District #2 has been created to finance and construct streets, utilities, and storm drain improvements. 8. CDP 1-93 substantially complies with Ordinance 340, the zoning ordinance. 9. CDP 1-93 is in compliance with the size requirements and architectural requirements of the Development Agreement. 10. CDP 1-93 is in compliance with Specific Plan Amendment No. 4. TO: FROM: DATE: SUBJECT: STAFF REPORT Chairman Rutlege and Members of the Planning Commission Brian McNabb, Director of Community Development via Pam Easter February 10, 1993 ENVIRONMENTAL. IMPACT ASSESSMENT AND COMPREHENSIVE DEVELOPMENT PLAN 1-93 APPLICANT: P-R Equities 1655 E. 6th Street Unit A4A Corona CA 91719 (909) 272-6660 ENGINEER: NBS/LOWRY 1545 W. Florida Avenue Hemet, CA 92546 (909) 658-7116 DESCRIPTION The proposal for consideration is the Comprehensive Development Plan for Tentative Tract 24056, a 103 lot single family subdivision on approximately 23.25 acres located south of Esplanade Avenue, east of Villines, within Rancho San Jacinto Phase II. EXHIBIT EXHIBIT "A" EXHIBIT "B" ENVIRONMENTAL ANALYSIS LOCATION MAP AND PRECISE LOT LAYOUT FLOOR PLANS AND El FVATIONS The environmental analysis did not indicate any potential impacts not previously conditioned for mitigation. Furthermore, the previously approved tentative tract for this site has been conditioned to mitigate any associated impacts. Therefore, Staff would recommend that a Negative Declaration he adopted for this request. DISCUSSION The existing General Plan for the area is designated Low Density Residential by the Rancho San Jacinto Specific Plan and is zoned R-1. Adjacent General Plan designations are also Low Density Residential. The Comprehensive Development Plan is consistent with both the general plan designation and zoning, and is the actual implementation of an approved Tentative Tract Map. Eight phases are proposed for this development which will contain three different floor plans. The proposed floor plans are 1752, 2011 and 2098 square feet in area. The minimum floor area of 1752 square feet and the minimum average floor area of 1953 square feet is in compliance with the standards required by Development Agreement 1-89, Amendment 1 and Conceptual Specific Plan 2-88, Amendment 1 which called for this standard for this tract. All three floorplans available in Tract 24056 will be equipped with a three car garage. There are three elevations proposed for each floorplan. One elevation for each floorplan has river rock, wood and stucco. The second elevation has brick veneer, wood and stucco for each floorplan. The remaining elevation for each floorplan is wood and stucco. The Planning Commission previously determined brick, wood and stucco to be consistent with existing homes and Rancho San Jacinto design standards. The Rancho San Jacinto Development Guidelines identifies stone (river rock) to be permitted as design accents and trim. The proposed roof material for each home is tile. The two smaller units are proposed to be single story, while the largest unit proposed is two stories. This comprehensive development plan is in compliance with the standards of the Rancho San Jacinto Design Guideline and Specific Plan. The bulk and scale of the proposed homes are comparable to the homes in the surrounding developments. In a review of the surrounding residential development, it was noted that all proposed models are equivalent to the widest home in the area. Also as indicated, the height of the proposed homes is similar to those in the area. The 2098 square foot floorplan has an alternate garage plan that provides entry into the garage from the side. In order for this alternate floorplan to be approved a fourth amendment to Specific Plan 2-88 must be approved that would reduce the front yard setback for homes with a side entry garage from 20' to 15'. This amendment is on the agenda for this Planning Commission meeting. This alternate garageplan is identified in the Rancho San Jacinto Specific Plan Development Guidelines and is intended to provide design flexibility to allow for streetscape variation to reduce monotony. RECOMMENDATION Staff recommends the Planning Commission adopt Resolution 93-06 recommending the City Council approve CDP 1-93 subject to compliance with the conditions of approval and environmental mitigation requirements for Specific Plan 1-88, 2-88 and Tract 24056 as well as the following findings of fact and further recommend that the City Council adopt a Negative Declaration: 1. SP 1-88 was approved on August 16, 1988 with Conditions 2. SP 2-88 was approved on August 16, 1988 with Conditions 3. Tentative Tract 24056 was approved on June 18, 1991 with Conditions 4. All environmental impacts associated with the development of the site have been mitigated through the Conditions of Approval of Specific Plan 2-88 and Tentative Tract 24056. 5. The property underlying CDP 1-93 is zoned R-1, 7200 6. Utilities are available to serve the site 7. Community Facilities District #2 has been created to finance and construct streets, utilities, and storm drain improvements. 8. CDP 1-93 substantially complies with Ordinance 340, the zoning ordinance. 9. CDP 1-93 is in compliance with the size requirements and architectural requirements of the Development Agreement. 10. CDP 1-93 is in compliance with Specific Plan Amendment No. 4. Jeff Cherry Planner I HOUSE CO GTION P*iMP%IASING PHASE FLOOR PLAN tl¢ MO LOTS 1 —a1 1 --F" S �__._ ..a 3 9 _3._ s o is _ Is 4 t . 4 _9—_ 9 1 7 its to ce e ice4 5 1 T TOTAL 10S 3I 1 3j 3 PER:ENT I% W 3% ' 32% 3799 .... R.l.tl Ir. • SAN-JAClNTO- Tract No. 24056 Comprehensive Development Plan EePcaMAOE. ,aa OOt11"an¢5" / 2 3 : a 5 S ep T 'PHkASE ! 1 i i j_1.---Lv1 y'tARYEEW w T 1 T [ 4 AST: % 9O : 99 144 GS : 4, : [.3 L2 : GI : GO 1 1 l 1 190 1 99 et. • 57 i 55 99 2T ke 00 91 2 Cu vE � T.Inn aE VICARTY MAP MONO .m..w MOLL .r.... wu —.---- I.V17..®.m1w. �,lu.oro r1190019 WARP - >'trgatd Service Alert all: ffit FREE 1-000 22-4133 MOW MI SEAL APPROVED BY e.,, L9 9j .,r4u t.o{VRY "" f•. lo' BENCRYARK •IY. fd X t MO u. 1Mai un. `. K,1 .t CM1 `•• aI 19 2+r. bp1 14 ,F1, , 1. (ITT oF SMI JACINTO TRACT NO. 24056 COMPREHENSIVE DEVELOPMENT PLAN •w PEAL00I-ADMCR�e 09-OA1.Ol9 9 sxcco vPPepIEUY3 Ihf6QOL8 SwIW Alert cow nit INT 422 133 0110 AAA el arm, can 004110001111 APPROVEE0, BY � .rz(P41 APPROVED BY COWRY x.r__.....__ __.._ ... _... I .., BENCHMARK 14 DWI Ina mr- m wet et Cr urz aT l$ 2 le, mxrxrx i isra r, [rev.. +xr0.00 CITY or SAN JACINTO TRACT N0. 24056 COMPREHENSIVE DEVELOPMENT PLAN CA1:OO&4002 EP r MO- 11.OJ6 LInderercend Service Alert Call, ELL NNEE 1-800 422-4133 APPROVED BY Q,,g�ptW ',�'� yy�L�`, APPROVED BY a. �saax EKG toll.f . r, ., [LOAMY .:,.:ta,,., .... ONOI•e 4p• BENCHMARK aT 19 2ur, r 16411,4 CIIT ON SM. JACIN10 TRACT N0. 24056 COMPREHEN4EVE DEVEIOPMEn4T PLnN IEACCICK-N ADMEW I • Nt1-041.eAs 3 DEN OPTION BARRATT AAIERtCA.Y� LYC. ffie Cat 04:Pvt. Sc4. .IN CarIsIrpsl, CA 91091 YAFAT ROOM MASTER BEDROOM • �l'K MASTER a In R' NN K - pw! m ,JS— ■■ (� ROOK .+A i-J w dr I1y 1°tl - L a •¢ REB NEAT PORCH CD li • L:�Y` 13 w '-w, 'R.. :s Bey wrnr ®ARAGE �_ ...A v-rz 14-.. FLOOR PLAN IwY Y...'ute W WIr rat wnop r W �a r n•r b W4. 4 .W.. nW url War ..n.Yra $AA' dAC/iVT© TRACT 024056 ELEr A P•e_wam su M u+ rr —u.w. PP Po M� pZarpl ail». ~t„. i. •.. m.. Po. oe.C.eT'w+ m MVYb. lm ..-lee ease ❑W A. 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CALIFORNI• '-9 M A2.5 Ma Owe o STAFF REPORT TO: Mayor and Members of the City Council FROM: Pamela L. Lee, Deputy City Clerk DATE: April 6, 1993 SUBJECT: Minutes of Special Adjourned Meeting March 18, 1993 RECOMMENDATION: Approve the Minutes of the Special Adjourned Meeting of March 18, 1993, as presented. MINUTES SPECIAL AND ADJOURNED MEETING OF THE SAN JACINTO CITY COUNCIL MARCH 18, 1993 1.0 CALL TO ORDER The Special Adjourned Meeting of the San Jacinto City Council was called to order at 6:15 P.M. by Mayor Pro Tem Ford at the Community Center, 625 South Pico, San Jacinto, California. Present: Councilmembers Leahy, Solorio, Williams and Mayor Pro Tem Ford Absent: Mayor Hafliger 2.0 ORDER OF BUSINESS 2.1 City Clerk Interviews and Appointment The following questions were asked of the two prospective candidates (Richard Brewer and John Couste), asking them to respond as it may relate to any past employment, volunteer service or personal experience: 1. Do you have any past experience or knowledge with interpreting codes, regulations or guidelines, records management, information management, parliamentary procedure, preparation of agendas or minutes or legal notices or help with elections? 2. What do you think your personal responsibilities would be as the City Clerk? 3. Do you have any election experience, i.e., Deputy Registrar Voter, Poll Inspector, etc.? 4. How much time do you feel you have available to dedicate to the position of City Clerk? Mr. Brewer submitted a prepared biography. At the hour of 7:00 P.M. Council recessed. At the hour of 7:15 P.M. Council reconvened with all members present except Mayor Hafliger. Ballots were cast as follows: Councilmembers Leahy, Solorio, Williams and Mayor Pro Tem Ford all casting a vote for Richard Brewer, and Mayor Hafliger absent. 1 March 18, 1993 A MOTION was made by Councilmember Leahy, seconded by Councilmember Solorio to accept the ballots as cast for Richard Brewer for City Clerk. Motion carried on a 4-0 vote, with Mayor Hafliger absent. Deputy City Clerk Mora administered the oath of office to Richard Brewer. I I EMS CONTINUED FROM THE MEETING OF MARCH 16, 1993: 2.2 Mid -Year Budget Review 2.2.1 (Formerly Item 7.1.4) LLMD Revisions/Agreement - GFB Friedrichs - Continued From March 16, 1993 Public Works Director Evans made a presentation as contained in the staff report on file with the City Clerk. In response to Council, briefly explained the street lighting process for new subdivisions and how the benefit costs are shared proportionately depending upon the number of lots to share the costs. Plans were to look for methods of reducing costs, i.e., some maintenance seasonal and could be more cost effective by staff as opposed to contract services. Trustees as a resource for labor is often times undependable but utilized when possible. Staff currently working with Valley 1/14de and the School District regarding park maintenance. Staff also discussing self maintenance with Homeowner's Associations which were interested in that type of arrangement. COUNCIL CONSENSUS to authorize staff to proceed with the preparation of assessment district budget keeping last year's assessments constant; create another assessment category for RV parks with an assessment equal to about 50% of that of a single-family detached home rather than the present 70%; offer Soboba Village the opportunity to take over maintenance of the 4-acre open space or accept increased assessments or reduced level of maintenance: authorize City staff to prepare a public works maintenance budget including the hiring of one to two maintenance staff people, a pick-up truck and appurtenant equipment at a cost not to exceed the present landscape maintenance contract cost for the Rancho San Jacinto channels and the Ramona Expressway parkways (about $45,000); and authorize City staff to prepare a budget March 18, 1993 utilizing gas tax and redevelopment funds to make up deficiencies in the cost of street lighting, traffic signals and graffiti removal in the Zone D assessment area. 2.2.2. (Formerly Item 7.1.5) Community Facilities District #4. Public Safety - Continued From March 16. 1993 Community Development Director McNabb made a presentation as contained in the staff report on file with the City Clerk. In response to Council inquiries, advised that the basis for figures was estimating 100,000 population at build out (25-30 years) and how it equates in current dollars. The service level of each type use was determined to be a percentage and then an actual dollar amount equivalent. The current assessments are increased according to the Consumer Price Index (CPI) each year to keep up with inflation. Several questions arose regarding the figures used to calculate the Police figures, i.e., IOD figures, cost recovery on officer initiated activities, traffic stops and investigative initiated figures. City Manager Easter explained that the 1.5 per 1,000 is an ICMA standard which many use as a bench mark for police services and includes all sworn officers, even though the bench mark did not mean it was actual. Clarified that the 48% benefits was based upon the higher retirement plan for public safety personnel. Clarified that the proposal had been reviewed by the City Attorney for legal sufficiency. Fire Chief Chadwick to determine if the comparisons were public or private. Staff to darify the accuracy of the commercial zoning figures, it appeared to be too low. Council concerns that if errors in report that the Consultant not be paid for it, and that on critical issues, all pertinent staff be present to respond to questions. COUNCIL CONSENSUS to continue this matter to the Study Session of March 23, 1993, for additional information. March 18, 1993 2.2.3 (Formerly Item 7.1.6) Alternative Work Schedule - Continued From March 16. 1993 Fire Chief Chadwick made a presentation as contained in the staff report on file with the City Clerk. Recommended expediting the effective date to keep in tune with the actions of the City of Hemet. In response to Council inquiries, advised that with a small staff some variation to the schedule would be needed to maintain the service levels. In addition, all City Council agendas would now be available on Thursdays. City Manager Easter advised that staff would follow up on the telephone system problems and have the Police Chief at the Study Session to answer questions related to that department. A MOTION was made by Councilmember Leahy, seconded by Councilmember Solorio, to approve an alternative work (9/80 Plan) schedule for City employees (excluding public safety personnel already on an alternative work schedule), to begin on March 29, 1993, for a one year trial period, consistent with the City of Hemet and share in advertising, and to bring back any procedural necessities determined by the Attorney for implementation. Motion carried on a 4-0 vote with Mayor Hafliger absent. Community Development Director McNabb requested that a matter be added to the agenda, an issue which came up after the posting and action by staff would be required next week. A MOTION was made by Councilmember Leahy, seconded by Councilmember Williams, to add Annexation 73 to the agenda. Motion carried on a 4-0 vote, with Mayor Hanger absent. 2.2.4 Annexation 73 Location: North of Artesia St, East of San Jacinto Avenue Community Development Director McNabb explained that the matter had slipped through the cracks and would not happen again. A MOTION was made by Councilmember Leahy, seconded by Councilmember Williams, to adopt Resolution No. 2113 approving application to LAFCO for Annexation 73. Motion carried on a 4-0 vote with Mayor Hafliger absent. 4 March 18, 1993 RESOLUTION NO. 2113 A RESOLUTION OF APPLICATION F3Y THE CITY OF SAN JACINTO REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE ANNEXATION OF CERTAIN PROPERTY TO THE CITY OF SAN JACINTO, KN• AS ANNEXATION NO. 73, GENERALLY LOCATED NORTH OF SIA STREET, EAST OF JACINTO AVENUE . - 8.0 MAYOR/ COUNCILMEMBER REPORTS/DISCUSSIONS Councilmember Leahy reminded all of the Teen Valley Dance on March 20th Councilmember Williams voiced concerns with the withdrawal of utility payments from City Hall. Council consensus that the utility payments remain in the downtown area and that staff to further review the options and consider subsidizing the small portion of cost not recovered. Staff to respond at the Study Session of March 23rd. Councilmember WIliams commended MCNET in a recent joint drug task force, suggested the City pursue seizure of assets also. 9.0 CLOSED SESSION Staff advised that a closed session would not be necessary. 9.1 Potential Threatening Litigation. Pursuant to Government Code Section 54956.9 10.0 ADJOURNMENT There being no further business,A MOT1ON was made by Councilmember Leahy, seconded by Councilmember Solorio, to adjourn. Motion carried on a 4-0 vote with Mayor Hafliger absent. The hour of adjournment being 9:25 P.M. Submitted by Approved Deputy City Clerk Henry Hafliger, Mayor STAFF REPORT TO: Mayor and Members of the City Council FROM: Pamela L. Lee, Deputy City Clerk DATE: April 6, 1993 SUBJECT: Minutes of Special Meeting March 19, 1993 RECOMMENDATION: Approve the Minutes of the Special Meeting of March 19, 1993, as presented. MINUTES SPECIAL SAN JACINTO CITY COUNCIL MEETING MARCH 19, 1993 1.0 CALL TO ORDER The Special San Jacinto City Council meeting was called to order at 8:30 A.M. by Mayor Hafliger at the Ramona Bowl Board Room, 27400 Ramona Bowl Road, Hemet, California. Present: Councilmembers Ford, Leahy, Solorio, Williams and Mayor Hafliger Absent: None 2.0 ORDER OF BUSINESS 2.1 City Council/City Manager Team Building Retreat The Council and City Manager participated in a team building retreat with facilitator 3.0 RECESS FOR DINNER At the hour of 6:00 P.M. the Council recessed for dinner. At the hour of 7:00 P.M. the Council reconvened the team building retreat with all members present. 4.0 ADJOURNMENT COUNCIL CONSENSUS to adjourn the retreat to 8:20 A.M. on March 20, 1993, at the same location to continue team building retreat. The hour of adjournment being 9:30 P.M. Approved by Henry Hafliger, Mayor Submitted by Deputy City Clerk STAFF REPORT TO: Mayor and Members of the City Council FROM: Pamela L. Lee, Deputy City Clerk DATE: April 6, 1993 SUBJECT: Minutes of Special Adjourned Meeting March 20, 1993 RECOMMENDATION: Approve the Minutes of the Special Adjourned Meeting of March 20, 1993, as presented. MINUTES ADJOURNED SAN JACINTO CITY COUNCIL MEETING MARCH 20, 1993 1.0 CALL TO ORDER The Adjourned Meeting of the San Jacinto City Council was called to order by Mayor Hafliger at 8:30 AM. at the Ramona Bowl Board Room, 27400 Ramona Bowl Road, Hemet, California. Present: Councilmembers Ford, Leahy, Solorio, Williams and Mayor Hafliger Absent: None 2.0 ORDER OF BUSINESS 2.1 City Council/City Manager Team Building Retreat - Continued from March 19. 1993 The team building retreat was continued from the previous meeting with facilitator 3.0 RECESS FOR LUNCH At the hour of 12:00 P.M. Council recessed for lunch. At the hour of 1:25 P.M. Council reconvened to continue the team building retreat. 4.0 CLOSED SESSION At the hour of 1:30 P.M. Council convened in dosed session pursuant to the following: 4.1 Personnel Matters. Pursuant to Government Code Section 54757 City Manager Evaluation At the hour of 5:30 P.M. Council reconvened in open session with all members present and announced no action being taken. 5.0 ADJOURNMENT There being no further business, COUNCIL CONSENSUS to adjourn. The hour of adjournment being 5:31 P.M. Submitted by Approved by Deputy City Clerk Henry Hafliger, Mayor STAFF REPORT TO: Mayor and City Council FROM Anna A. Vega, Finance Director Via Pamela S. Faster, City Manager SUBJECT: Approval of Register of Audited Demands and Payroll Checks DATE: April 06, 1993 RECOMMENDATION Approve warrant numbers 31904 through 32066 dated March 31, 1993 in the amount of $480,910.24 and Payroll check numbers 22181 through 22282 dated March 26, 1993. SUMMARY A listing of accounts payable warrants is attached for your review and approval. Payroll information is available for your review in the Finance Department. REGISTER OF AUDITED DEMANDS March 31, 1993 FUND 10 General Fund $36,997.46 FUND 14 Sewer 452.34 FUND 20 Insurance Fund 76412.31 FUND 21 Gas Tax $37,753.59 FUND 24 Measure A $59.85 FUND 25 LLMD $9,866.62 FUND 29 Downtown Water $416.53 FUND 32 P.W. Parkway Devlp. $4,987.00 FUND 35 C.F.D. #1 $363.35 FUND 36 C.F.D. #2 $1,267.29 FUND 37 C.F.D. #3 $363.36 FUND 39 Drainage Project $6,907.50 FUND 40 Vehicle Replacement $625.45 FUND 42 A.D. 87-1 $1,071.32 FUND 50 Water Fund $7,419.01 FUND 65 Trust Fund $117,339.53 FUND 66 Asset Forfeiture $2,286.13 FUND 92 Soboba Debt Service $1,572.60 FUND 96 RDA -San Jacinto $20,782.08 PAYROLL $153,936.92 TOTAL $480,910.24 CIT� G� 5A� JACINTO ` 8LCD12 �EGISTER GF ��DITED DEMANDS PAGE 1 UNITED C'ALA] F3�NIA B��K � �4ECK ISSUED TO 319O4* 319O5* 319O6* 319O7* J19O8* 31909* 3191A* 31911* J1912* 31913* 31914* 31915* 3i916* �1917* 3191B* 31919* 3192O* 31921* 31922* 31923* 31924* 31925* 926* 927* �,1928� 31929* 31932* 31933* 31934* 31935* 31936* 31937* 31938* 31939* 3194O* 31941* 31942* 31943* 31944* 31946* 31947* 31948* 31949* 3195O* 31951* 31952* 31953* '1955* 31956* SO^ CA, GA5 EDISON SO^ CA^ GAS SQ^ CA° EDISON KIVERSIDE CO+ EMP UNI7ED WAY 8F HEME[ LI�COLN NATIONAL U^S~ POSTMASTEK ICMA �FLAC O^K^ ASSOC, INC^ SO ^ CA+ GAS SO, CAE0ISON STATE OF CALIFORNIR EASTEKN MUNI^WATER DIST AETNA HEALTH PLAN BLLjE CROSS OF SO^ [A^ DENTI CARE OF CALIF^ PUBLIC EHP. RET^ 8YSTE� SD. CA~ GAS SO^ CA^ EDISON SO^ CA, GAS SO. CA^ EDISON SO~ CA, EDISON SO, CA, GAS RIVERSIDE COUNTY CLERK SO^ CA, GAS SO^ CA^ EDISOH JOLENE SHAW GLEAN STOTZ CHRISTOPHER STIZZA MILLER EQUIPnENT SO^ CA^ GAS SO. CA^ EDISON SO^ CA° GAS D^ ISCEDSON NATIONAL AUTO GLASS SO~ CA^ 8AS SO^ CA^ EDISON LAFCO CITY OF SAN JACINTO U+S, POSTMASTEK HIVERSIl/E CD, EMP, LINCULN NATIONAL SO+ CA. EDISON SO. A~ GAS SO~ CACAS SO^ CA^ EDISON SO, CA~ EDISON SO. CA^ GAS AVP VISION PLAN A1"C 2O1398 DATE 3/31/93 DEGC.IPTION �AY�EHT C8LLECTIONS PAYHE#T COLLECTIONS P�Y�ENT COLA LECTIONS P�YHENT COLLECTIONS CREDIT �NIDN DEDUCTION UNITED WAY CONTRIBUTION DEFERR�D COMP DEDUCTIONS �GSTAGE~WATER BILLS DEFERRED COHPDEDUCTIOHG P�E~TAX INSURANCE DEDUCTION �EF\]SE COLLECTIONS P��MENT COLA LECTION� P(lYMENT col LECTION9 �SE TAX RETURN EXPWY/IRRIGATION HE�LTH IN�URANCE HE�LTH IWSUF�ANCE DE�TAL INS^ PLA# RE�IRE�ENT PAYMENT COLLECTIBHS PAyMEHT COLLECTIONS ��AYMENT COLLECTIONS PAYMEHT COLLECTIONS 7.�Y8E3-lT COLLECTIONS P(:lYMENT COLA LEC'(lONS FILIHG F-EE^ANNEX 73 PA�MENT {`OU.EC'TT ONS C0.LECTIONS EMPLOY�� RECOGNITION AWARDS BACKGROUND SCNOOL^P^O^S^T^ CLAIM ��TTLEMENT REBUILD LEVY PAYMENT COLLECTIONS P�YMENT COLLECTIONS PAYHEMT COLLECTIONS PAYMENT COLLECTIONS HEATED �ACKGLASS~P^D° PAYMEHT COLLECTIONS PAYMENT COLLECTIONS EXTENSIDN ANNEX '!"59 NET PAYROLL �EPLENISH POSTAGE M[TER CRE�IT UNION DEDUCTIONS [i�FER��E[: COMP DEDU[TIONS P(NIYMENT COLLECTIONS PA�HEN� COLLECTIONS COLLECTIONS PA7RENT COLLECTIONQ PAY�EHT COLLECTIO@2 PAY�E!fT COLLE(�TIONS VISIOH INSURA�CE AMOUN 338^8 2G8^5 215 103.1 3,217^7 130^O 700^0 9OO^O 623^4 724~0 91,53�^4 391^2 3O4~9 7'67O°O 4+927^O 4,40O°0 4769^O 2,O28^2 19056.2 1r105~8 1,116^4 904+0 949.0 1572^2 1O43^O 5O°0 104O^3 1168~Z 121^3 1532^C) 72^5O0.O 4,607~5 1,054^1 1^406^1 1,767^7 2�003~1 363^8 609^1 1+717^6 1O0^0 93r296,4 990^O 3/217+6 700^0 941^5 558^5 39�,5 371.5 3O9+4 291^3 1'O27,2 GLCD12 v ' �ITy GF SAN JACINTO � AkJDl/I:A8 DEMANDq PA8E 2 CHECK 31957w 31958* 31959* �196O* 3l961* �1962� 31963 31964 31965 31966 31967 31968 31969 31�70 31971 1�72 31973 31974 31975 31976 31977 31978 31979 31980 31981 31982 31983 31984 31985 31986 31987 31988 3198� 3199O 31991 31992 31993 31994 31995 31996 31997 31998 31999 32OOO 32001 320O2 32003 32004 32005 320O6 320O7 UNITED CA�IFOR�I� B�NK A/C 20l398 DATE 3/�1/93 lSSUED TO HEALT� NEl UNITED WAY Op HI::'MEi S+J^ PULICE ASSOC^ PUBLIC EMP" ASSUC, S^JASSD� ICMA BILL RITT LEDGE HICHARD HIXSON DAVID VER PLANK GLENN 7AYLOR A �1 FENCE AT & T AT & T LANGUAG7 LINE ALEXANDER �ATTERY CC)^ FORD & PUyEAR INC. ALL PURE CHEMICAL CO^ ALPHA BElA NL/S LOVWNMOWER SHOP ANADY�S TROHPIES LOUIS R, ARROYA+ JR. JIM ARENZ ARROW PRINTING E,S, BABCOCK & SONS TODD BAGLEY LANDSCAPE BANK OF AMERICA JOSEPH G, �ODNAR BUILDER S EEMPORIUM S�ATE OF CALIFORNIA CASTELLANO~S TOWIN� CHEVRON� U.S.A" CLEARS SOUTHERN CHAPTE� COM SER CO. CONRAD & ASSOCI�TES MAY OOPER THE COUNSELlNG TEAM COX & COX D & J AUTO BODY DAMON REFEKENCE LAB^ PAUL DELGADU R+F~ UICKSON COMPANY DIVINE REAL ESTATE EASTERH MUNI~WATER ESSENCE GROUP FEDERAL EXPRESS OFELIA F1ERRO 1ST MUNICIF'AL DIVISIUN GENERAL TEL�PHONE CU^ TAMRA GERARD H & H FABRlCATICl) N MARGARET HAYES C�LVIN HELM DE�C�IPTZON �E�LTH INSURANCE UHITED �AY CONTRIBUTIONS SJPD �UES PERC DU�S �SSGCI�TION DUES DEFERR.... D ... DEDUCTIOWS PC MEETIWG PC ME�TI@G PC MEETING PC MEETING 3US LTC^ REIMB^ LO�G DI�TANCE SERVICE LH HGUAC� LINE~PB^ HT BATTERIE3~P.D~ SIDEWAL�-JiK\NITA ST. CHLORI��/SO[�~WATER S��PLIF" C'-F^D+ SUPPLI[G & SERVICE CITY CLERK NAMEPLATE JANITDAIAL SERVICE THROUBH 3/18/93 REIHB. �OOTS`PER MOM/WATER ECOD��VLPMATERIAL L�B TE�TS~WATER L�HDSCAPE STATER BROS. P�L�GR�PH EXAMS-P^D^ RESERVE [,~WA.D^ FIN[�ERPRINT D. TS�I��G CHARGES~P^D^ Bf4��LI���CITY VEHICLE �E�BERSHIP-P^D^ REPAIR f. MPLIFIEB~PLNG, �CCOUHTIN� ASSISTANCE �EFJND OVERPAYMENT PRE-E�P|.0YME0T LE�GAL GERVICES TC'kAlING OF UNJT 150... P^D^ L�BORATO@Y F��S~P^I/^ TEHPORAAY ANIMAL CONTROL STREET �WEERING NTHLY LEASE-312 MAIN UTILITIES Al)APTER�REDVLP^ MAILIN(� B^ MEDICAL EXPENSE B�OOMS����EPER LEASE PNQME G["RVI�ES R�HON/A �AGEANT LAYOUT C�IPPER HITCH E�TENSION REFUND COMM^ CENTER RENTAL REIM8, vOOTS�P.D^ N l7,759.4 13O,O 1,117.0 166~7 10O^0 92�^4 1O0^0 1O0~0 l0c.^C �O0^� 45^& 238.4 50^U 293,6 8,641.0 1°241~{ 7�^4 68^1 15.6 1°364^C 1O0°C 2766^5 1 1,4��,°3 500,O 36.0 27.0 25^0 118^8 8�1^2 33O^� 8+7 175,O 5v522+7 703^7 90O^O 3,900,C, 1,O84^Q 122,-e 288^� 30^� 55^9 1+1,;65,� 399,9 99,1 7 1OO.0 GLCD12 CITY GF SA# JACINTO RLb1�|�� OF ��DITED DEMAND� PAGE 3 � jCK 32O08 32OO9 32�10 32011 32O12 32013 32014 32O15 32O16 32017 32011.8 3201.9 32O2O 32O21 32022 32023 �2O24 32O25 32026 32O27 32O28 32029 32030 �2O31 ~32O32 32O33 32O34 32O3� .�2036 32O37 32038 32039 32040 32O41 32042 32043 32044 32045 32O46 32047 J2048 32049 32O5O 32051 32052 32053 , 3�2O54 32055 ~-52O56 32058 UNITED CALIFO��I� B��� A/C 2O1398 DATE 3/31/p� ISSUED TO HEM2T NEWS HDUSING AUTHDRlTY ICMA AND UNIFORMS LUIGI I�ZI JIMNI SYSTEH�^ lNC. KARL'S D�MP l�RUCK LA CELLULAR TE1. NE GREB L�NTZ LIEBEKT,CASSI[/Y/FRIERGD LONGS DRUG �TORE DENNIS LOVE MICHAEL LYNN MAIL PLUS MORE MARKMA�^ ARCZYNSKl/ MARKMAN~ ARZYNSK[ MARDEN�SUSCO MATT CHLOR INC^ HE�BERT MERLIT2 MINCO COMPUTERS MDTOROLA NIT FC NIXON~EGLI EQUlPMEN[ OLD MOUNTAIN ASSOCIATE� DVERNIGHT INDUSTRIAL PACTELL CELLULAR~LA PACTEL HERIDAIN SYSTE�� PAGE lNVESTIGATIO� PAGTER LAW PlTNEY BOWES PRESG~ENTE�PRISE R�LEAA R & T �PECIALTY. IA(, RGB COMMERClAL 0EVLP, RADIO SHACK RAMONA ANIMAL HptVEN IN[ RIVERSIDE COUNTY CLERK RIVERSIDE CO,FLOOD COUNTY OF RIVERSIDE RIVERSIDE CO.SUPPLY FRED RODRIGUEZ JO5E LUI8 ROJ8R SCOTSMAN MANUFACTURlN� SEARS+ ROEBUCK & CO SMART & FINAL SOIFOR�IA EDISON SO+ CALIFORNIA GAS CU^ SPAN EMERGENCY PN]DUCTS STAPLES FRANK STEENPORT �ESCQIPTION LEGAL �DVERTISING SENIOR �OME REPAIP PBOGRAM M�I�TE#ANCE�PRINTE� CITIZE#S SURVEY BOOKLETS MAGAZI#[S-P^D^ O��E�PAY�ENT�WATER AC�T~ HAINT~;EWER LIFT WEEI EMENT CAL -ID CELLULA� ECO, DEyLP^ ASST^ LEG.L/LABOR RELATIONS SUFPLI�G~ALL DEPTS^ �ORKSHOP�P^D+/P^O^S^T^ FIELD T�AINING~P~D^/P^O°S^T^ G�ERNIGF� MAILING ... P°D~ HGUSBCITY �G�SEL v CITY �TR, PIPE & SUPPLIES �AL;E BALL Cl G�ERP�YMENT WATER ACCOUNT COH�UTER SUPPLIES DISFATCH CONSOLE.P`D^ TELEPHO#E EQUIP. LEASE ASPHALT ROLLER STREET TREES REIMB^ CLEAHI#� SUPPLIE� CELLULA�� PHQNES TELE�HOAE REPAIR-P~D CLAIM� JOHN OGLE SDI-OB4 RE�T�L D� POSTAGE METER LECAL �DVERTISING �EMBERSHIP DUES�P~D~ DARE �RJGRAM CONSULTING~COMM. DEVLP^ �i/DIO C�SSETTE~P^D^ �j��iIHALG~FEBRUARY FILIN� �OTICE�PAVING NPDEIMPLEMENTATION MATERIALS TE�TIN@ GFTICE R'UPPLIES ASSET S[IZURE WATER ��ERPAYMENT ��HTHLY LEASE-OFFICE/P^D, �E�ORI�A~P~W~ �[�1LIES~�OL}NCIL RETREAT �TILITI�S UTILITIES SILICO�� FLUID�F~D^ OFFICE �UPPLIES HANAGE#[NT COUR�E~P°D^/P°O,S~T, AMOUH 1,116.5 446^5 201,O 41^5 80^6 15^9 200^� 487°5 2O°5 1/18�^5 6�567^5 514^5 378,O 483+C 45`1 660^C 2'2O0°C 5(.f 67^6 17^C 269,3 �~453+4 790,� 22,437.E 3,O0O,� 1O17^4 957^{ 113^6 194^[ 1�81S^4 15i^5 986^E 50.0 44^� 6,253^1 56^C 659^{ 5(~{ 2/3OO^{ i,O0O^� 11O^4 2'154^7 24^C 26O5^4 37,f 14,177^� 595^� 13^f 664^� 920+C 6LCDl2 1 ,ITy i]F SA# JACINTO kLU1To|Av nmr I stiDITED DEMANDS; PAGE 4 CHECK 32059 32O6O 32O61 32O62 32O63 32O64 32065 32O66 UNITED CALIFB��I� 3ANK A/C 201398 ISSUED TO STRADLING, YOCCA° CAkLS �AC EXTERMINATORS UNDER�ROUND SERVICE VALLEY ELECTRIC." VALLEY RESOURCE VALLEY TEEN FOUNDATION TH8MAS WEDB XERQX CORPOR�TION DESCRIf, PTION REDEALP^ LEGAL CONSULTANTS S���YI�G AT MUSEUM �TILITY FAX NOTF, ELEC�ERVIC�S LAN�SC�PE MAINT^ �RAFFITI REMOUAL �EFG�D WATER OVERPAYMENT C3PIER #AINTENANCE DATE 3/31/93 � 1,572'6 2�,O 39^o 83^4 382~5 1+493^5 6^7 1,835^4 FINAL TOTAL 480,910^2 � � DATE CITY OF SAN JACINTO TREASURER REPORT FOR THE MONTH OF JANUARY 1993 INSTITUTION INTEREST MATURITY PRINCIPAL SERIAL # RATE DATE AMOUNT 02-20-85 State-L.A.I.F. Serial # 9833794 4.678 OPEN $4,246,809 01-19-88 State-L.A.I.F Serial # 5133120 4.678 OPEN $1,851,136 CHECKING First Interstate Serial# 3980000 OPEN $1,305,916 CASH ON HAND $700 Total City & Redevelopment Investments $7,404,561 CASH WITH FISCAL AGENT (CFD BOND FUND) UNION BANK Citibank 7.81 9/01/2014 $4,165,904 Account No. Citibank 7.81 9/01/2014 $1,835.108 7-11361 FHA Banks 7.45 2/25/1994 $765,000 Citibank 7.81 9/1/2014 $338,166 Dreyfus Treas Cash Mt 3.762 OPEN $54 Total Cash with Fiscal Agent $7,104,232 TOTAL ALL FUNDS I certify that these investments comply with all State laws pertaining to the investment of Local Agency Funds and the City of San Jacinto's investment policies. There are sufficeint funds to meet the City's next 30 days obligations. Ken Leahy, Tsurer CITY OF SAN JACINTO $14,508,793 DATE CITY OF SAN JACINTO TREASURER REPORT FOR THE MONTH OF FEBRUARY 1993 INSTITUTION INTEREST MATURITY PRINCIPAL SERIAL # RATE DATE AMOUNT 02-20-85 State-L.A.I.F. Serial # 9833794 4.649 OPEN $4,246,809 01-19-88 State-L.A.I.F Serial # 5133120 4.649 OPEN $1,851,136 CHECKING First Interstate Serial # 3980000 OPEN $117,629 CASH ON HAND $700 Total City & Redevelopment Investments $6,216,274 CASH WITH FISCAL AGENT (CFD BOND FUND) UNION BANK Citibank 7.81 9/01/2014 $3,815,218 Account No. Citibank 7.81 9/01/2014 $1,835,108 7-11361 FHA Banks 7.45 2/25/1994 $765,000 Citibank 7.81 9/1/2014 $338,166 Dreyfus Treas Cash Mt 3.053 OPEN $575,029 Total Cash with Fiscal Agent $7,328,521 TOTAL ALL FUNDS I certify that these investments comply with all State laws pertaining to the investment of Local Agency Funds and the City of San Jacinto's investment policies. There are sufficeint funds to meet the City's next 30 days obligations. Ken Leahy, Tr- rer CITY OF SA : +ACINTO $13,544,795 CITY OF SAN JACINTO FINANCIAL REPORT TO: Honorable Mayor and City Council FROM: Anna A. Vega, Finance Director Ken Leahy, City Treasurer SUBJ: February 1993 Financial Report of Activity DATE: April 6, 1993 RECOMMENDATION Receive and File. SUMMARY A listing of investments for the City, Redevelopment Agency and Fiscal Agent is submitted by the Treasurer for the City Council to receive and file. Financial report of revenues, expenditures and Cash balances as of February 1993 are as follows: 10 GENERAL FUND 11 TITLE 1118 GRANT 14 SEWER MAINT & TRANS 18 WORKERS COMP 20 LIABILITY INSURANCE 21 GAS TAX FUND 22 MEASURE"A" 23 LOCAL TRANS 24 TRAFFIC SAFETY 25 LLMD 26 INDUSTRIAL DEV AUTH 27 INTEREST HOLDING 28 PARK DEVELOPMENT 29 C.D.B.G. 32 PARKWAY DEVELPMT 35 CFD NO. 1 36 CFD N0. 2 37 CFD NO. 3 38 UNDERGROUND UTILITY 39 FLOOD CONTROL 40 EQUIPMENT REPLACMNT 41 TRAFFIC SIGNALIZATIDN 42 AD 87-1 AD 90-1 43 CFD NO. 2 - DEBT SERV 44 CFD NO. 1 - DEBT SERV BALANCE REVENUES 6/30/02 TO DATE 265,971 2,607,006 2,407 4,287 39,707 101,429 258,158 199,203 400 525,967 447,275 321,461 138,247 183,412 105,535 40,753 16,638 38,782 190,174 1,651 0 O 83,699 349,472 20,459 265 0 304,678 19,250 176,626 5,446 103,491 47,664 40,493 37,936 195,819 0 1,318,293 8,486 59,103 0 493,289 9,102 9,030 40,280 O 0 1,370,630 959,882 O 36,992 EXPENDITURES TO DATE 3,680,064 4,567 93,711 129,942 222,625 220,468 377,594 247,122 39,637 294,267 0 0 4,598 2,147 76,744 43,337 91,469 49,385 0 793,618 99,799 0 29,854 0 1,009,964 0 TRANSFERS CASH IN/OUT BALANCE 870,839 $63,752 O $2,127 (47,425] $0 O $128,216 65,137 $42,1 15 (102,864) $649,910 20,704 $102,818 O $41,825 O $17,754 (85,282) * [$150,593) O $1,651 O 683,699 O 6364,333 (105,799] ($107,681) O 6247,184 (8,952] $129,783 [32,123) $27,563 [10,594) $18,450 O $195,819 O $533,161 70,238 $29,542 O $502,391 7,438 S26,894 O $0 (512,305) $806,243 O $36,992 BALANCE REVENUES EXPENDITURES TRANSFERS CASH 6/30/92 TO DATE TO DATE IN/OUT BALANCE 47 WATER - CAPITAL IMPRV 126,144 1,700 127,944 0 $0 50 WATER MAINT & OPERT (27,728) 551,908 619,078 105.500 610,602 65 TRUST ACCT(DEPOSITS) 574,500 1,084,488 1,249,372 (409,616) $0 66 ASSETS FORFEIT (POLICE) 23,020 27,140 50,160 0 $0 67 FIRE MITIGATION 0 39,090 23,146 98,038 $107,981 68 CAPITAL IMPROVEMENTS 0 4,646 0 0 $4,646 69 CAR POOL MITIGATION 0 6,120 0 80,292 $86,412 70 LOCAL TRANSPORTATION 0 3,292 0 71,135 $74,427 71 REGIONAL TRANSPORTN 0 5,399 0 113,709 $1 19,10E 72 PUBLIC BUILDINGS 0 424 0 9.008 $9,432 TOTAL GENERAL FUND 6,993,597 6,604,394 9,586,514 197,079 $4,208,556 REDEVELOPMENT AGENCY 91 SOBOBA PROJECT FUND 200,502 0 2,333 (33,752) $164,417 92 90808A DEBT SERVICE 270,475 84,557 0 (557) 6354,475 94 SOBOBA LOW/MOD HSN 107,240 21,139 1,167 (5,300) $121.912 96 SAN JACINTO PROJECT 499,944 106,249 144,295 (165,855) $296,043 97 SAN JACINTO DEBT SERV 730 465,302 0 66,956 $532,988 99 S.J. LOW/MOD HSNG 423,953 116,328 1,526 (870) $537,863 TOTAL REDEVELOPMENT 1,502,B44 793,573 149,321 (139,378) $2,007,718 GRAND TOTAL FINANCIAL ACTIVITY 8,496,441 7,397,967 9,735,835 57,701 $6,216,274 43 CFD NO. 2 CASH WITH FISCAL AGENT $7,328,521 TOTAL CITY, REDEVELOPMENT AND FISCAL AGENT $13,544,795 Fund 25 - LLMD reflects a deficit due to 1/2 property tax payments received to date with balance to be received in May 1993. Fund 29 shows a deficit due to funds expended and due from the County of Riverside - ECD Department for the downtown water line project. City of San Jacinto Staff Report TO: Honorable Mayor and Members of the City Council via Pamela S. Laster. City Manager FROM: DATE: SUBJECT: Ross Chadwick, Fire Chief/Building Officia April 6, 1993 Ordinance No. 981 Relating to the Sale of Aerosol Cans and Marker Pens - Graffiti Control Measure RECOMMENDATION: Waive the reading in full and read by title only (second reading) Ordinance No. 981 relating to the display and sale of aerosol containers and marker pens as a graffiti control measure in the City of San Jacinto. BACKGROUND: Ordinance No. 981 was introduced at a regular City Council meeting on March l6th, 1993 and passed on to a second reading by a 5-0 vote. We have previously discussed the Sherman Williams case against the City of Los Angeles concerning a city's right to regulate the display of aerosol cans and marker pens insofar as displaying them out of the reach of customers without the assistance of sales personnel. The Supreme Court has overruled the lower courts and has essentially stated that local government can make those types of regulations as a measure against graffiti. The City of Hemet has already adopted a similar ordinance. Both Hemet's and San Jacinto's ordinances are based on the Los Angeles ordinance and have been reviewed by both city attorneys. ORDINANCE NO. 981 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, RELATING TO THE DISPLAY AND SALE OF AEROSOL CONTAINERS AND MARKER PENS AS A GRAFFITI CONTROL MEASURE WHEREAS, provisions ul' state law provide for the punishment of vandalism in the form of malicious defacing of property with paint, and prohibit the sale to or purchase by minors of aerosol spray containers capable of defacing property; and WHEREAS, notwithstanding such prohibitions, graffiti caused hy aerosol spray paint continues to proliferate in the City of San Jacinto sue, in substantial part, to theft of aerosol spray containers; and WHEREAS, graffiti can he created not only hy aerosol spray paint, but also by large tipped marker pens; and WHEREAS, supplemental local deterrents to the availability for use of aerosol containers of paint and marker pens are needed to further inhibit their use for graffiti purposes. NOW, THEREFORE, the City Council of the City of San Jacinto does hereby ordain as follows: Section 1 DEFINITIONS "City" means the City of San Jacinto. "Person" means any person, firm, partnership, association, corporation, company, or organization of any kind. Section 2 Every person who owns, conducts, operates or manages a retail commercial_ establishment selling aerosol containers, or marker pens with tips exceeding 4 millimeters in width, containing anything other than a solution which can he removed with water after it dries, shall store or cause such aerosol containers or marker pens to he stored in an area viewable by, hut not accessible to, the public in the regular course of business without employee assistance, pending legal sale or disposition of such marker pens or paint containers. Section 3 VIOLATION Violation of this Ordinance shall he a misdemeanor. DATE OF EFFECT This Ordinance shall take effect and he in force from and after its approval as required by law. Page 1 City of Sail Jacinto Aerosol Can and Mai,,er Pen Sale Regulations Ordinance - Graffiti Control Measure The City Clerk shall certify to the adoption of this ordinance and cause the same to he published in a newspaper of general circulation and published in the County of Riverside, State of California. INTRODUCED at a regular meeting of said City Council on the l6th day of March, 1993. MOVED, PASSED and ADOPTED at a regular meeting of said City Council on the 6th day of April, 1993 by the following vote: AYES: NOES: ABSENT: ATTEST: Mayor Deputy City Clerk CERTIFICATE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF SAN JACINTO I do hereby certify that the foregoing is a true copy of Ordinance No.981 duly adopted by the City Council of the City of San Jacinto at a regular meeting thereof held the 6th day of April, 1993. WITNESS my hand and ulTicial seal of the City of San Jacinto this day of April, 1993. Deputy City Clerk Page 2 STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Les Evans DATE: April 6, 1993 SUBJECT: NOTICE OF COMPLETION - BATH WELL EQUIPMENT AND GRAND AVENUE BOOSTER PUMP Recommendation: Accept the Bath Well Equipment improvements and the Grand Avenue Booster Pump and authorize the City Clerk to file a Notice of Completion. Background and Analysis: The City Council awarded the contract for installation of the Bath Well Equipment and Grand Avenue Booster Pump on March 4, 1992 at the bid price of $82,593.00. The project has now been successfully completed with no change orders. WHEN RECORDED RETURN TO: City Clerk City of San Jacinto 201 East Main Street San Jacinto, CA 92383 NOTICE OF COMPLETION FOR RECORDERS USE ONLY Notice is hereby given by the undersigned owner, a political subdivision of the State of California. that a public work of improvement described as Furnishing & Tnstallir of a Booster Pump at the Grand Avenue Well and New Pump and Motor at the Bath Well in the City of San Jacinto. has been completed and was accepted by the undersigned awarding authority on the date hereof. The contractor on such work was McCalla, A Division of Layne -Western Cc and the surety bond is with National Union Fire Insurance Company of Pittsburgh, PA The real property upon which said work was performed is in the City of San Jacinto, County of Riverside, State of California and described as: (Legal description or street address or other specific location) 906 Industrial Way - Grand Avenue Well 22831 Camino Los Banos - Bath Avenue Well Date: Apri l h, 1 993 !'i tv of qan Tar-i ni-p (Date of Acceptancel (Name ol:, olitical Subdivision) STATE OF CALIFORNIA) By ss COUNTY OF RIVERSIDE) Title Les Evans nirertnr of Public Works I hereby certify that. I am the of the City Council of the City of San Jacinto, California the political subdivision which executed the foregoing notice and on whose behalf I make this verification: that I have read said notice. know its contents. and that the same is true. I certify under penalty of perjury that the foregoing is true and correct. Executed at San Jacinto. California on (Date) Deputy City Clerk STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Les Evans DATE: April 6, 1993 SUBJECT: AGREEMENT WITH THE COUNTY OF RIVERSIDE PROVIDING DRAINAGE IMPROVEMENTS ON LYON AVENUE BETWEEN 500 FEET SOUTH OF COTTONWOOD AVENUE AND 1000 FEET NORTH OF COTTONWOOD AVENUE Recommendation: Approve the Agreement with the County of Riverside for Providing Drainage Improvements on Lyon Avenue between 500 feet South of Cottonwood Avenue and 1000 feet North of Cottonwood Avenue Fiscal Impact: The estimated cost of the work is $27,000, all of which could be paid for from the Gas Tax account. The current gas tax fund balance is about $500,000. Background: During the winter rains, the area of the City west of State Street and north of Seventh Street was constantly flooded. City staff have met with property owners in the area and there is general agreement that improvement of the drainage ditches along Lyon Avenue would significantly reduce flooding. The City does not have adequate personnel or equipment to undertake the improvement of 2000 feet of drainage ditch and the installation of hundreds of feet of drainage pipe. Therefore, the Riverside County Transportation Department was contacted and requested to present a proposal to perform the work. The estimated cost of the proposed project is based on actual labor and material costs, assuming City forces would assist by replacing damaged concrete and small sections of pavement. The work would be accomplished during the summer months when the threat of rain would be the least. AGREEMENT FOR PROVIDING DRAINAGE IMPROVEMENTS FOR THE CITY OF SAN JACINTO ON LYON AVENUE BETWEEN 500SOUTH OF COTTONWOOD AVENUE TO 1,000' NORTH OF COTTONWOOD AVENUE THIS AGREEMENT IS MADE and entered into on this day of 1993, by and between the County of Riverside, hereinafter called "COUNTY" and the City of San Jacinto, hereinafter called "CITY". I. PROJECT A. PROJECT LOCATION THE CITY desires to improve the capacity of the Lyon Avenue roadside ditches between 500' south of Cottonwood Avenue to 1,000' north of Cottonwood Avenue, hereinafter called the "PROJECT". B. PROJECT FEATURES The CITY desires to have the following work perfoLmed by the County: regrade the roadside ditches to increase their capacities and improve their gradients; remove, replace or adjust existing culverts; and install 18" x 30" corrugated metal pipe arch culverts at driveways for the PROJECT, as detailed in Exhibit "A". The CITY has agreed to enter into this agreement with COUNTY and reimburse the COUNTY 100 percent of the total cost of the PROJhCT. II. COUNTY SHALL DR A FT A. Assume the responsibility for performing the necessary preliminary engineering, surveying, removals, installation, grading and construction. B. Allocate all costs to the CITY for the above -described work. C. The COUNTY shall prepare and submit to CITY no later than sixty (60) days after the completion of the PROJECT, the total cost for this PROJECT. CITY'S estimated share of the actual and administrative cost for this project is . The final billing shall include all costs incurred by COUNTY in perfoimance of this PROJECT. COUNTY shall add 15% of the total costs to cover administration, overhead, processing and accounting costs. III. CITY SHALL A. Deposit with COUNTY the estimated cost of for the PROJECT within thirty (30) days after the agreement is fully executed. B. Purchase materials and assist COUNTY with their installation and the replacement of asphalt and concrete. IV. GENERAL REQUIREMENTS A. Each party hereto shall indemnify, defend, save and hold harmless the other party, and its respective officers, agents, servants and employees, of and from any and all liabilities, claims, demands, debts, suits, actions and causes of action arising out of or in any manner connected with any act or omission of such indemnifying party hereunder, or its officers, agents, servants or employees, done or performed pursuant to the teLms and provisions hereof. B. Any notice required or permitted to be sent under this agreement shall be sent by regular mail, addressed as follows: CITY OF SAN JACINTO P. O. Box 448 San Jacinto, CA 92538 COUNTY OF RIVERSIDE P. O. Box 1090 Riverside, CA 92502 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on this date. CITY OF SAN JACINTO COUNTY OF RIVERSIDE By By Title ChaiLman, Board of TT:gh 3-2-93 Supervisors ATTEST: GERALD A. MALONEY Clerk of the Board By APPROVED AS TO FORM: WILLIAM C. KATZENSTEIN County Counsel By R A FT Community Development Department February 17, 1993 Tek Tanaka Deputy Director of Transportation TRANSPORTATION DEPARTMENT, COUNTY OF RIVERSIDE P. O. Box 1090 .1,]A,11de, CA ,1,50:1- EXHIBIT "A" 11 FEB 2 4 1993 County Of Riversid ,..„e ''-nsP°rtat*n Department SUBJECT: DRAINAGE IMPROVEMENTS ON COTTONWOOD AVENUE Dear Tek: As we discussed last week the City would like to initiate some minor drainage improvements on Lyon Avenue from about 500 feet south of Cottonwood to 1,000 feet north of Cottonwood Avenue. City representatives met with Paul Russell of your maintenance staff on Thursday, January 28, 1993 to go over possible improvements. As a result of our meeting we believe the upgrading of the culverts in this area from the existing 18" diameter concrete pipes and 18"x30" CMP arch pipes would reduce flooding at the Lyon/Cottonwood intersection. Specifically, the improvements we would like to see include: Existing Location Improvement 23150 Ly.7,71 Ave. Two dirt drivey/ii, with an 18" concrete pipe to carry drainage. 23190 Lyon Ave. Two dirt driveways each with an 18" concrete pipe to carry drainage. 23120 Lyon Ave. One concrete driveway with 18"x30" CMP arch pipe. Proposed Improvement move the existing concrete piping piping under each driveway to replace with 20' dual 18"x30" CMP arch pipes. Remove the existing 18" concrete pipes under each driveway and replace with dual 18"x30" CMP arch pipes. Remove existing concrete driveway and add one 18"x30" CMP arch pipe. Replace concrete driveway. City of San Jacinto • 201 East Main Street • San 'mint°, California 92E83 714/487-7330 • FAX 714/487-7320 Pri-ItUd or. Recycled Paper Tek Tanaka February 17, 1993 Page Two Location 23007 Lyon Ave. 23080 Lyon Ave. Intersection of Lyon & Cottonwood Avenues 22920 Lyon Ave. Golden Green Farm 228 Lyon Ave. Hillview Farm Existing Improvement One dirt driveway with no culvert. One dirt driveway with 18"x30" CMP arch pipe. One 18"x30" CMP arch pipe on each side of Lycn Ave. Two dirt driveways each with an 18"x30" CMP arch pipe. One 13" concrete pipe. Proposed Improvement Place two 13"x30" CMP arch pipes under driveway. Install second 18"x30" CMP arch pipe. Install second 18"x30" CMP on each side of Lyon Ave. Install an additional 18"x30" CMP arch pipe under each driveway. Remove existing 18" concrete pipe and install two 18"x30" CMP arch pipes under driveway. One dirt driveway with Install two 18"x30" CMP no culvert. arch pipes under drivewa The City is willing to purchase materials and assist the County Maintenance crews in installation of the new culvert and replacement of asphalt and concrete. We would like to proceed with this project as soon as possible. Thank you for your immediate attention to this matter. SincerelN, LES EVANS Director of Public Works LE: sh. TO: FROM: DATE: SUBJECT: CITY OF SAN JACINTO STAFF REPORT Honorable Mayor and City Council Members Greg Lantz, Economic Development Assistant via Pamela S. Easter, City Manager April 6, 1993 Resolution supporting an increase in investment by the Department of Energy for Natural Gas research, development and demonstration. NEIGHBORHOOD City Wide RECOMMENDATION 1. Adopt Resolution supporting increased investment by the U.S. Department of Energy for natural gas research. development and demonstration. BACKGROUND The gas industry, has established a request for S250 million annually over the next ten years from the Department of Energy (DOE) for natural gas research, development and demonstration of natural gas technologies, a doubling of current funding levels. According to the Gas Company's Economic and Environmental Benefits(EEB) study, besides helping to create cleaner air in Southern California, increased funding levels in natural gas RD&D dollars could translate into 15,00 new jobs in Southern California over the next ten years. Additionally, it is estimated that federal tax receipts would increase by more than one-half billion dollars and that state and local government revenues would increase by $195 million as well.RD&D dollars will be spent in the areas of stationary emissions by industry, transportation fuel, electrochemical energy and gas supply and extraction. Greg Lantz Economic Development Assistant Attachments: 1. Gas Company Brochure 2. Economic and Environmental Benefits Fact Sheet Ef:UNC1MtC b,t40 i`NV1RoNMEritAt. BENEFITS OE ilwwREASEp NA1URAL OAS ti-t]ft0 IUVESiMENT` lyd SOt.1ilIE11N CALIFORNIA FACT Sl1EET The recently passed National Energy Policy Act establishes a new focus on natural gas es the fuel of the future, lhis clean, domestic energy resource will becorne the fuel of choice for electric generation, industrial, commercial and residential applications and transportation purposes. But for natural pas to fulfill its expectations es the clean fuel of the future, the federal government must realign energy research priorities. Historically focused on coal and nuclear energy, it now must dedicate its attention to natural gas RD&D. The gas industry has established a request for $250 million annually over the next ten years from the Department of Energy (DOE) for natural as RD&D programs, a doubling of the DOE's current gas -related budget. This kind of investment in the future has significant econornic development and job creating potential. The Gas Company's Economic and Environmental Benefits (EEBI study provides a regional look at the potential tax revenue, employment and environmental benefits of increased federal investment in natural gas RD&D. The study highlights the importance and tangible benefits of a natural gas -based defense -conversion program. The following results are based on a proportionate share of the total $2.5 billion requested by the gas industry over the next 10 years: • Added federal Investment of $10 million 8 year between 1993 and the year 2000 Is estimated to generate benefits up to almost $1 billion through the year 2010 in the southern California region. lhis investment level would result In annualized social rates of return of up to 50%, • By the year 2010, over one -hall billion dollars worth of additional goods and services would be produced in southern California. • By the year 2010, increased RD&D Investment would effectively raise total aggregate real disposable income by over 5700 million annually, • Increased investment would result In Immediate additions to regional private sector employment, with job increases escalating through the 1990s, By the year 2010, the region would support an additional 16,000 new jobs, • By the year 2010, federal tax receipts would Increase by over one-half billion dollars. State end local revenues would be $195 million higher. the effect may be less prossure on local governments to rely on the imposition or raising of user fees and taxes. • Natural gas technologies would assist southern California in improving its ambient air quality problem, The next generation of natural gas technologies will produce 30 to (30 percent less carbon dioxide than the same amount of energy derived from coal or oll. Greater investment levels for natural gas RD&D -- would naturally gertereta evert greeter benefits for the region. Total southern California investment through the year 2000 of 3144 rtril!!nn would, by the year 2010, result In more than 30,000 new jobs, $1 billion in additional Gross Revenue Product, and an increase of over 31.4 billion in real disposable Income. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, URGING THE UNITED STATES DEPARTMENT OF ENERGY (DOE) TO ESTABLISH, AND THE PRESIDENT AND CONGRESS TO FUND, AN INCREASED NATURAL GAS RD & D PROGRAM WHEREAS, the City of San Jacinto is committed to strengthening the regions weak economy and to reversing the negative impact on the local economy and its citizens; and WHEREAS, the United States Congress and the President recently approved a new energy policy designed to increase the utilization of clean, domestically -produced natural gas to enhance the nation's energy security and provide for economic growth and environmental protection; and WHEREAS, this new energy policy specifically directs the Department of Energy (DOE) to carry out a program to promote the development and commercialization of existing and new, more advanced natural gas utilization technologies; and WHEREAS, the Clinton Administration supports a federal R & D inc=vestment in energy and environmental technologies that will create private -sector jobs and spur economic recovery and long term growth; and WHEREAS, a proposed $2.5 billion federal investment over the next decade in a natural gas end - use technology RD & D program would facilitate a defense conversion program in California; and WHEREAS, strategic annual RD & D investments of $144 million over the next eight years in Southern California region alone would, by the year 2010, lead to more than 30,000 new jobs, $ 1 billion in additional Gross Revenue Product, and an increase of over $1.4 billion in real disposable income in this region, in addition to other statewide economic benefits; and WHEREAS, due to Southern California's unique characteristics -- a technically sophisticated workforce skilled in advanced design, engineering, management and financial services; high quality technical training programs offered by leading U.S. educational institutions; unique research facilities; a manufacturing sector oriented to technology; excess R & D capacity due to the reductions in defense spending,. and state and local agencies that actively invest in RD & D related to government goals -- RD & D investment in this region is likely to yield greater economic benefits that other areas of the country; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Jacinto, California does hereby resolve and urges the DOE to establish. and the President and Congress to fund, an accelerated $2.5 billion natural gas RD &D program focusing on the following: mproved, high -efficiency, low emission gas combustion technologies; dedicated natural gas vehicles and emission controls, and the requisite refueling infrastructure, and advanced engines and propulsion concepts; and electrochemical energy conversion through the commercialization of phosphoric acid and molten carbonate fuel cells: and the development of advanced natural gas - powered fuel cell technologies; AND BE IT RESOLVED, that a strategic investment of federal RD & D dollars be made in California, and specifically in the Southern California region, because of its leadership in energy technology innovation and adoption; and BE IT FURTHER RESOLVED, that the City of San Jacinto encourages all other local government agencies and community coalitions to adopt policies which encourage the research,. demonstration and full commercialization of new and advanced natural gas utilization technologies. SECTION 1. The City Council joins in supporting and endorsing the proposal by the gas industry and urges the Department of Energy to increase funding for natural gas related RD & D to a level of $250 million annually for the next ten years. SECTION 2. The City Clerk shall certify as to the adoption of this resolution. APPROVED AND ADOPTED this ATTEST: Maurice Armster, City Clerk Deputy City Clerk day of , 1993. Mayor STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF SAN JACINTO) I, Maurice Armster, City Clerk of the City of San Jacinto, California, DO HEREBY CERTIFY that the forgoing Resolution No. was duly adopted at a regular meeting of the City Council of the City of San Jacinto, California. held on the day of 1993 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Maurice Armster, City Clerk Deputy City Clerk (SEAL) I, Maurice Armster, City Clerk of the City of San Jacinto, California, do hereby certify that the foregoing Resolution No. is a full, true and correct copy of that now on file in this office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of San Jacinto this day of Maurice Armster, City Clerk Deputy City Clerk STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Les Evans DATE: April 6, 1993 SUBJECT: SURPLUS/SALE OF GRAND AVENUE WELL EQUIPMENT Recommendation: 1. Adopt Resolution No. Declaring Certain Property as Surplus and Authorizing Disposal of Said Property. 2. Accept the bid of Hawthorne Power Systems of $6,000.00 for the Caterpillar Engine and $2,000 for the Waukesha Engine, less removal costs of $4,500 for a net purchase price of $3,500.00 Background: With the installation of the new electric motors at the Grand Avenue well the old natural gas engines have become obsolete and should be declared surplus. Use of the engines as emergency back-up is not practical due to strict air quality regulations. Staff solicited bids from four sources known to purchase used engines and received only one bid. The bid appears reasonable and acceptance is recommended. m >73 m r CiY SUMMER BREEZE BARRATT AMERICAN INC. t , CALIFORNIA NOIlVA313 1HJ agelf OVUM MIL EC MI .ONo. Osso PLAN#2 scan 4 r 14 ae. �r r ? �. Xa4 PO 91M19Qa-O PARTIAL ELEVATION at BONUS ROOM 94,49t'/er-rd 4 • MP= 11 (WI lee IA, pm. 1NVIND VR? 1 r LEFT ELEVATION eowr 'M- 147 TYPICAL EXTERIOR MATERIALS: RIDING 44. TRIM re4.494 4,Ttiart 440Y9/44r1 mmob 6T9L'CO W9 aw••*-94"Am 9 Wftr, uatrtVM9 vaaan WA CI CI a 00 c Y7 ® MIA— ____. IGo. drT.ru e.AI4 — rb'N r4 0- rota:, trsM PARTIAL ELEVATION at BONUS ROOM aq y4- 4 9 4 V uo aavnn ----4 ► TFM _ 6 fr1 afiVQf91"tD 1p W'M 1 t-4Aryoft. 211. ID 7rM.- FRONT ELEVATION —99t p 9u4wanla 4 I/Mork/MST OY 4/ i • -raw oner. sea *wy rtAm Rh 9r lab MYG. 4969 4auCce * AAL 1� PPG4e910 a�AMAT iI gruu CC 9M ELEVATION C N Z a 0 t' m r m 0 m AIM a ✓ Z u a 5 = m r m a a Z • ti lip SUMMER BREEZE BARRATT AMERICAN INC. CALIFORNIA Atiett, ,I WITS Owe rx CAOCA PLA'J#2 m HOOT./ Ow.. �aa '- MASTER OATH X -� Oi ([7" �. I T4..OPw .oa• ®w •- o.awr. a-u ir SECOND FLOOR PLAN w. • ..J1 ..... y ; ... u.,,,,— p...... rMmili — tom•.•.! 33311.1.1.1,• . . Po fa. •mob. �� ••.O..T.,.• ... Mr.. OA, rru. •lot. nal. or oft. Br `etrot .w. 06. ... 1. I/. M. / a0 BED 5 / HOBBY OPTION_ 141 &P. CNf LELL h jaiIII.J !ty'tuS FIRST FLOOR PLAN iotA0../".10 TRACT #24050 .eu BEDROOM 4 OPTION BEDROOM 4 OPTION .. ,•..1 OBI .®• / .OUT 011 NU. nn TO 041 uay.Tw.. .i.E. Rn «n CODE ELEV. A SQUARE FOOTAGE • FIRST FLOOR 1211 S.F. • SECOND FLOOR S17 S.F. • TOTAL 2011 S.F. MOSSY OPTION 141 S.F. 'ONUS ROOM 371 t F. WOW.w Ton..s AM WW1 TO Ts . ILT TOM1MM OO. TO TOL $4 .T.YOIT-V • GARAGE •,.s. 11 SF. • 1.+114...TIN +m 1,TI011 V, • PORCH 0e44wTI04. Of .evy.00 OATS FLOOR °.,, , NOTES LEI ." .°"°."....""..6.11.. °p" ii0.01.Vv.POW mane OIL MOB=obi Pt .umaaowa NT.101m wvxO.aT• 1mmvnne0temwuwwm a.raaoawa om ta+mtm.mrv...e.iw..wl.i �m.atOWNs•e. amomemom eon 11.19.11.10111. ..na MM.. AM WOO BOO/a. m 11.1.11.110111. MO WOO 0.11. a.T.w.w.nnal.�. POO Dr ..oHt. .a® ammo, mill. .111.11.49.01.0.1.01.110.1.16.11110 COW. 10/091.1011.1 lalls mama mamas sm. m»r....W. .11111.4.0,111.(01010111 cm..s°ar ...°°ra1®.0:®vmama vw0. m.. emi :Oma•i •..aryam 0.c r.•• a rT 1 OO(114 0.1 nrs nf....m.v.tM.mt MON1•4. 0 n aaau3. U. �+•oo.mmu • f w"�O .1.11.10111.01.116.MOB _ __ 1E3 •a Of Iar Immo 4m...0m TOMS MC a0.•a.s 0w0+.4.. mm. um 0.0 m mum e�`m..vs OW Of mom arm 111.10.100121. _10 If MOIL mom MR • MOMVOYM OM, az 1 9 14 to 0000 So My •.•L 402. 4.4. 4.40 4940 Gat. c040 G.50 Lam. WINDOW SCHEDULE wp w.2, .LT4� +lb .4.x uu 4,, Mk ASS, wm. 0- ..®.•. Q .T0 ru. rn. DOOR SCHEDULE .a. !TM Tmc onscsorncil rise 4L 9L 1114.149 H 0.] Yb.e lobo 4066 2t u{. x -+o.w St. f pp, N2.0* as NI- IW 4.111.4111.1 n.m r,..s wTO$=rw n... v4$M-+0..o.n 0 �Y 0 ._..... O. SHUT W.Caa TION PLAN 3 FIRST A IECOND FLOOR PLAN ELEV. A 2ED.'LHOOBY ROOM OPTION RIGHT ELEVATION 'LEFT ELEVATION ROOF PLAN al( d3csie bitict dIr.m! Cja37 tottl cett t.c ',At 11/837 971() NARRATT AMERICAN, INC. " 1115 Citts Nrspl. Saks 0114 Grist., CA 12,010 84/1/ (.440/47P TRACT 024050 AM. fo e F X 111 I trtt. .I 0 REAR ELEVATION FRONT ELEVATION BED 5/HOBBY OPTION SGROTION 12$ 11.11.0.• MOM ELEV.A ELEVATION NOTES i=CAM TY NKr NO War area 01.61.0.M.OVIO LAPol PM .1,14.4.10•01 .1..01.11.40.1“.....22t.i. OR WPM . 41110..113121 Mt a .1161.01011.9) Ma . “1001.0.900. At 11.4,10611•11.1.40.111..tier IV VIM. arNartina IMISI. 'WNW AN... ;WM Sanos. 11...E1O PHII MM. USK assuksase atratswarara arNartin.1111/.080 WM& .11.80.01.41.1. DOOM <1.... MOM PAW MIMS . 1 IN ra.100.111.1.111%. . =WM 1.X.M.8.111. 1001...11,1161 , MISNM10.tilk11.11. . .< PO 4,0 "...L.A., ......... ./.12111103.IN2.411110.11,4,00170 Mb. I. ie1.00.47610 CIALLOW. 1011.1110.11"..0.1:11. nar.11124111{1.0”.11600. 161.0101 WOW D.11111 A010.1.1 .11.0,114W. Wi..1101%. 0011.M..1...”.1114. f.• Waso4.14 11.1 11......./. /..strzer4111 VII•dr ..a ..fslor 1..44 Lis ...........1 SKIT 0”CrorriON MAN 3 .ELEV.A cir itrYxcapE , ROOF-PLA* DAta AZ —SE 141.1.111081111161.1=1 ORM.. RA .1. 11111 NO. 3,2V. RIGHT ELEVATION LEFT ELEVATION ROOF PLAN PEls;ffiEK ° C1-3M)ELL hc .JI1J.r C.X5 er36.ie• nil 9050 el tut,o, C/Co.i()F. /111113/ 9/16 aam amis wan ma* Al... a ar aaa r u am. 84. co",4 012PT* EARRATT AMERICAN, INC. SOU CafteD t4.01. Sabe IVA TRACT #24058 - la] 0 e 111 0 1 1111 x REAR ELEVATION ix FRONT ELEVATION el OM MN 1111111111 DOCCEEMO • DOODIENDED 011100011 le 00' 0 DOD 000 0 0 ELEV.D O. BED 5/HOBBY OPTION 60.041,104 BIB IS100 Oat. or ar.s/sLos• 1 09110011111B MN. 1101 1/200 Mtn IMMO 1•404 OM .710411 Ye IMMO 4410. PROM 04P 44011404 BY C040 OA COMB B B . 40441100) Mt , . 211W00,0 1130 , B 1 • 4044/ 00,0 MK - 0.11001110 OM AMMO 0 PIP BB WWI.. • Gamma ova Mabee No isms pnam. oast, 0.40.0 NM 1014.104 0.40.0 4141/1 010R4l . , 11,41000.00 Mr 000081. • . 14010.0020 NM 000BY CAP 41000410B0 OBOBB. 0 1.00004 : . • r, B, -, ... 8 BMW 11000 MO taNill 1.1111T 011•CM0 MO • PLAN 3 anal EXTERIOR ELEVATIONS - ROOF SLAM -L.- DAY!. 12-311 110001100.00090 MN. RIGHT ELEVATION LEFT ELEVATION ROOF PLAN KFITN ° C(fi DELL he uct l+¢lice (irirx� . dcKr} 1 11837 v ' °111111 no tile IIN ram BARRATT AMERICAN, ENC. mss cart. w ea.µ 500. no 6rWJ, G 9I00) now manta 01.001610 o.WWI .000 ZO' r00010000 w r 000 m= '�.11.,+ ..L.I&0.o....td.. vasavams.w® Jgj SAN aAO/Nry TRACT /2405B _ . rw. ra mot rkn \ X X col 0 O- REAR ELEVATION I 1 1 I nC� LL IELI AtY 0 �G! -_y S FRONT ELEVATION COS ELEV.0 BED 5/HOBBY OPTION o!lCR0000 Of .x.i,a.. ELEVATION NOTES .111196.1.1410 MI 01000o0ssoce am 11.10.6910 Mel 1111.. WING ®... DV. RMMO Wp! NOMA RM., lea UM. 1011C00,030\ PLAN 3 ELEr.° EXTERIOR ELEVATIONS ROOF PLAN WEE ROOF FRAMING FLOOR FRAMING ELEV. A -2 ELEV. A -3 BARRATT AMERICAY, INC NM Code Dd N.pl. Suit. 1168 Carlsbad, CA MO ( 1 L 1 419-4' SECOND FLOOR PLAN rfslas.as...C. ••••P 91-e 40,41404 FIRST FLOOR PLAN 2-OAR TURN -IN GARAGE 724 30. FT. GARAGE WITH 140411111 OFT/ON 571 S.F. SAN dAO/NTO TRACT 4124056 YU, ELEV. A -2 ELEV. A -2 0 -3-- 1 'DOW SCHEDULE x rIa.. fosSe • 0-80,61.0 1..-1.110n.d• CY.OISSS.IS BED 5/HOBBY OPTION >.1 rod. damn—ed....m.1,0w MI 1191.FT. FOUNDATION PLAN 3-CAA SIDE ENTRY GARAGE 01.11C•foSIOw Of SiviSION ELEV. A -2 PASS 311110.1.1,4fi PLAN 3 ALT. ELEV. A-2 3-CAR SIDE ENTRY OARAGE FOUNDATION ALT. FLOOR PLAN ALT. FRAMING ALT. MINWHIMIMNIM Ot/ 92-36 121100101aSSISSOf ass*. SY .• 1S- 5.1.1 KO. 3-12 4 ! SECTION ELARAGE I IL - 442Zi.14342Y-'11.rf — - — — ;i7' '• ' - ' !, t,71.,' 0 ,: ''' 4.:‘,74' 4.. ' eil. • , . La.,-. :-rt . ,..• 0-1,,A., irc*/ ,, , 0. -*1::.%'. .., ,,,. ,,,...0.,-.... Al 1.0TO OVA NOTE. AN.. PANTS POT HTTIO ROOF POTTS ROOF PLAN —...1111111 BEDROOM 3 Eh. SECTION B1 MOT! MEN •-• POE NOTES me HANOI NOT INEOTEN HEAL I 0 k7s. CC7' 7,7 \-17[1.77...7S \71 .011. •-• NCR NOTTS ENTE ENKE. NCO D•00.1 TOM. ITT A_MERICAN, 2024 Cane DEI Nepki. Sm. MA C.swistood, CA 92001 0 I 0 634/11aACINTO Th mr/E4nr. Ova rt. 1 • N. 4 C e g o FRONT ELEVATION NOM MI WT. 11-1 POE N011. •NTO THAT• •OT WON. NUTIL ri Ge.s. INA HT, N - I Tst RIGHT ELEVATION A-2 11•111. E-11 FOP ENOT MOTO OtSCHNE TH. Of NOEL .IE TINT 11-9 NOT.t •THO NSA. NOT O4O011144.011. NOE OTT 9,2 FOP TKO HONNT linNOINN MOON ONT. SHI.T El.CHEETTOTT PLAN 3 ALT. ELEV. A-2 2-CAR SIDE ENTRY CLr.RN3E EXTERIOR ELEV, ALT. ROOF PLAN ALT. FRAMING SECTIONS ALT. ESN .1. OVENHOEMOToom JOE NO. 92-36 ONNSOONNTONSTIOP DOAN. ITT SE SHEET NO. 3-13 ROOF FRAMING dn. ' NA N.A. - .0 FLOOR FRAMING ° C1.311.1)Et_L •itSIIKJ • ri't1.1 t ,0 11-EV. C -2 -ELEV. C •*, • BAREATT AMERICAN, INC. 21114 Cent Dal Pktpl. nos • • 4ALL RATH 2 20000014 2 ( tf F r- \ BONUS 47.1 I " e-51 it- AF v-1 • SECOND FLOOR PLAN ELEY. C -2 371110.FT, NALL 11,i 0-0 11 UNORY u., Be (mum ,t11111,...080 .711 f 46.*— FIRST FLOOR PLAN • •0 4.1 feel cow...T. AtaN•A'not! • SAN dACYNTO • -- -/.4 TRACT *24056 ELEV. C -2 .• rt. BEDROOM 6 OPTION SCHEDULE API A. 5010 ;A 404P 15 fro40 totti 11.. ltatm0 CI...um ewe ELEV.0 -2 mg— J Ora - -i L IMAM te- 4mg: FOUNDATION PLAN OtttstrOpt Of Maytag.. ernon.41,11 22;21/:-IC -2 • 1.44: oonplt•If no1,1 11.AN ALL EMI/. C-11 SVS 11001,11i2PAPRIION FOUNIAT1011 ALT. FLOOR PLAN ALT. FRAMING ALT. BED 8 OPT. —01k11 11111111111111101111111111= .10411 at). 22-9 111MIOZEItta/A DAM, trf AJD. Snarl ma. 3 .1'4 1--)E1Cf'fiEtc ° Cf111ZELL hc • ci tv,,T d1..e (.11)8.3; 831 9716 1 ROPIERRO� • p.. M3 - _ ..T. e ,..3 - s . 3 0 GAME e I.,. - .......... -....... .... 0 TIEN SECTION B2 IVOTE V.I. Petal ANO PHI= NOP *OWN .1404t. ROOF PLAN tom Os SO 11-ft WO, or* thOillt *0? 54*00010 /11 dAMYTO TRACT /24056_ 10 NO 3 0 FRONT ELEVATION ELEV. C-2 NOM MN 1-11 POI NOM on tOt - 133 rm. 3-• rot bor t woo woo°. orrcri 011 3 0 Ix' I T LJ RIGHT ELEVATION NOT! Nal ail. 3-11 NOINS APN3 NO1 NNON. KO( LEFT ELEVATION MO,t V-. PON POTR1 4N1 PIMPS .007V ...NM MEAL OPIIC.0001 OP NEM.. NAV. ELEV.C-2 OPIIC.P.ON PLAN 3 ALT. ELEV. C-2 BONUS ROOM 02FAMPON !EXTERIOR ELEVATIONS ROOF PUN 37i5 STAFF REPORT TO: Honorable Mayor and City Council FROM: Anna Vega, Finance Director Via Pamela Easter, City Manger SUBJ: Chamber Request/Heritage Days Update DATE: April 6, 1993 RECOMMENDATION 1) Approve the San Jacinto Chamber of Commerce request to operate the Carnival on April 9, 10, 30 and May 1 from 10 p.m. to 11 p.m., which is allowed by City Ordinance. 2) Approve San Jacinto Chamber of Commerce request to operate a Heritage Days Western Dinner/Dance at Sallee Park and Cinco de Mayo Dance at Main Street on May 1 from 10 p.m. to midnight. 3) Approve the sale of liquor on public streets (Main Street) and Public Parks (Sallee). However, alcohol sales should be prohibited after 11 p.m. BACKGROUND Our City Ordinance currently prohibits events going beyond 10 p.m. and does not allow the sale or consumption of liquor on public rights of way. The San Jacinto Chamber of Commerce is requesting a waiver from the City Council to operate the Carnival and dinner/dance at Sallee Park and Main Street at the places and times stated above. In order to keep costs down for the City and assist the Chamber with these events, the following was agreed to by both parties. 1. The Parade would disassemble behind La Pantry on San Jacinto Street due to various road closures required with original, longer parade route. 2. Druding Park activities have been combined with Hoffman Park in order to provide better security and cut down on patrol costs. Page 2 Carnival/Heritage Days It was recommended that two (2) patrol officers would be deployed to each park site and to Main street. The team would consist of one full time officer and a reserve officer an explorer when available. There would also be an additional Sergeant on the affected shifts which are from Noon to Midnight. 4 The Service Clubs will be responsible for litter control at their designated park. Staff is in agreement with the changes being recommended and every effort will be made to keep costs at the $ 6,500 which was approved by the City Council on March 23, 1993. c:\hrtgday Chamber of Commerce City of San Jacinto 301 East Main Street San Jacinto, Ca. 92583 Attn: Pam Easter, City Manager Dear Pam, The Chamber would like to request permission to operate the following functions at the times specified: Carnival at Ramona Blvd. and State: April 8, 5-10 p.m. " 9, 5-11 p.m. 10, 1-11 p.m. 11, 1-10 p.m. It 29, 5-10 p.m. 30, 5-11 p.m. May 1, 10 a.m.-11 p.m. 2, 10 a m.-10 p.m. Western Dinner/Dance - Sallee Park: May 1, 5 p.m. -Midnight Cinco de Mayo Dance - Main Street May 1, 5 p.m. -Midnight As you know there are many other activities at other times. The events listed above are of special concern due to extended hours. Please contact me if you need additional information. Thanks for your continuing support on this important project. Bill Landon 188 East Main Street San Jacinto, California 92583 909/654-9246 TO: FROM: DATE: SUBJECT: CITY OF SAN JACINTO STAFF REPORT Honorable Mayor and City Council Members Brian McNabb, Director of Community Development via Pamela S. Easter, City Manager April 6, 1993 DIRECTION TO STAFF REGARDING CFD #4 RECOMMENDATION Give Staff guidance relative to the questions in the Staff Report in order for the correct resolutions to be adopted creating CFD #4. DISCUSSION At the Council meeting of March 16th and the Study Session on March 23rd, Staff presented background material to the Council related to the creation of CFD #4. In order for Staff to prepare the documents which ultimately create CFD #4, a number of questions must be answered. 1. Should CFD #4 be applied to "in -fill" residential Tots? Currently, CFD #3 is not applied to in -fill lots unless these lots are part of a subdivision or Conditional Use Permit. 2. The Fire Department portion of the tax could be set in one of two ways. If we continue to collect the fire mitigation fee of $577/unit, the annual tax would be 111.70 for residential units. If we do not collect the $577, the tax would be $124.61. Which does the Council prefer? Collecting the fee impacts the price of the house but gives the City creative flexibility as demonstrated by the Fire Department Apprentice Program. Not collecting the fee may reduce housing prices but reduces the City's flexibility. City Council Staff Report April 6, 1993 Page 2 3. In 1992-93, 77.8% of the projected general fund revenue was budgeted to be spent on public safety services. CFD #4 will allow this percentage to be reduced significantly. What is the target percentage the City Council would ultimately like to spend of its General Fund revenues? Two possible ways to approach this are as follows: A. Freeze expenditures at 1992-93 levels, allowing expansion of Staff only from CFD revenues. As revenue increases, the percentage of General Fund revenue spent would drop. General Fund Public Safety Year Expenditures 1992-93 2,919,776 1993-94 " 1994-95 1995-96 1996-97 II General Fund Revenue* 3,751,750 3,939,337 4,136,304 4,343,119 4,560,275 Percent of General Fund CFD Revenue** 77.8 74.1 70.6 67.2 64.0 115,332 123,405 132,043 141,287 151,177 Amt Spent on Public Safety 3,035,108 3,043,181 3,051,819 3,061,063 3,070,953 * Assumes 5% annual increase ** Assumes 7% annual increase in CFD #3 revenue only, which is very conservative B. Increase the Public Safety budget as revenue increases but allow a smaller percent of General Fund to be used each year. General Fund expenditures on public safety may increase but the percentage would decrease each year. General Fund Percentage of General Fund Public Safety Year General Fund Revenue* Expenditures CFD Revenue** 1992-93 1993-94 1994-95 1995-96 1996-97 77.8 74.1 70.6 67.2 64.0 3,751,750 3,939,337 4,136,304 4,343,119 4,560,275 2,919,776 115,332 123,405 132,043 141,287 151,177 II Amt Spent On Public Safety 3,035,108 3,043,181 3,051,819 3,061,063 3,070,953 * Assumes 5% annual increase ** Assumes 7% annual increase in CFD #3 revenue only, which is very conservative Using either method, the percentage of General Fund allocated would drop until the target percent is achieved. City Council Staff Report April 6, 1993 Page 3 A target percent is not irrevocable but merely a guide to Staff on how to approach budgeting each year. CFD #4 sets the maximum tax that can be charged. However, the Council can apply less than the maximum when the annual hearing on tax rates is held. 4. What level of service should the police provide? At the study session on March 23, Chief Kozma outlined four examples of level of service. The highest level of service provided approximately 1.7 officer per 1000 people. However, this created the highest tax of $381 per dwelling unit in addition to the Fire Department portion of the tax. Officers per 1000 Police Tax Fire Tax* Total Tax ** 1.7 $ 381 $ 124 $ 505 1.2 289 124 413 .85 214 124 338 .82 202 124 326 * Including the mitigation fee ** Note this total maximum tax would adjust with each annual change in the Consumer's Price Index. These costs assume no supplement from the General Fund. Staff favors the 1.2 officers per 1000. 5. The portion of the tax applicable to facilities for commercial/industrial development is low. The tax for Staff and equipment is relatively high, particularly for commercial. What tax rate does the Council wish to apply to commercial/industrial? Officers Facilities Staff Total per 1000 Tax (Comml) Tax (Comml) Comml Tax* 1.7 $.0184 $.517 .5354 per sq. ft. 1.2 .0142 .385 .3392 .88 .0105 .290 .3005 .82 .0102 .273 .2832 Officers Facilities Staff Total per 1000 Tax Industrial Tax Industrial Industrial Tax* 1.7 .0047 .131 .1357 1.2 .0037 .099 .1027 .88 .0027 .073 .0757 .82 .0026 .069 .0716 * Police tax only, add $.19/sq. ft. for commercial fire tax City Council Staff Report April 6, 1993 Page 4 To further the City's economic development goals, it would seem appropriate to charge a token tax and supplement the actual cost from the general fund. By way of example, a 10,000 sq. ft. industrial building will have a value of about $600,000. The normal property tax (without CFD #4) is $6,000 per year, of which the City receives $720. Full cost recovery with the level of service favored by Staff would mean an extra tax of $1,026. We might charge them the lowest tax rate of $716 and supplement the remaining $309 from the General Fund. This example works easily enough for industrial. The commercial rate is significantly higher. A 10,000 sq. ft. office building will generate approximately $900 from its $750,000 estimated value. Full cost recovery consistent with the above example means an extra tax of $3,392. If we charged the lowest tax rate, the tax would still be $2,832, requiring a $560 supplement from the General Fund. These previous two examples assume property taxes are the only revenue services from these buildings. A 10,000 sq. ft. retailer, with sales of $60/ft. would generate 6,000 in sales tax in addition to the $900 in property taxes. Two of many possible approaches the City Council might consider is to set the lowest tax rate for commercial/industrial as outlined above or to use the General Fund to supplement 50% of full cost recovery. BKM:Ir CCRPT-93\CFD#4.Apr STAFF REPORT TO: Honorable Mayor and City Council FROM: Anna Vega, Finance Director Via Pamela Easter, City Manager SUBJ: City Hall Utility Collections DATE: April 6, 1993 BACKGROUND This is a follow up to the City Council's interest in having more information on the status of City Hall utility collections. As previously reported, staff continued to explore other locations on Main Street or within the City. Staff had initially recommended the Chamber of Commerce to the utility companies. The Chamber and utility companies decided to seek other alternatives. Staff then contacted a downtown bank, Sanchez Tax Service, Alpha Beta and Mail Plus More, on State Street. The downtown Bank had expressed, interest but have since decided not to take the payments. Staff from Southern California Edison and GTE stated they have decided to use Sanchez Tax Service, next door to our 201 E. Main Street address, as a payment center. Due to the proximity of Sanchez Tax Service to City Hall, the utility companies felt this would be an easier transition. If Alpha Beta Corporate approval is received, a drop box will be placed at their store for Edison payments. To make it more convenient for their customers, GTE is also looking at one of the businesses in the Sears Plaza, where Southern California Edison and Southern California Gas already have their offices, as a payment center. Southern California Gas was interested in utilizing our downtown bank as a payment center. However, since the bank has decided not to take any payments, the Gas Company advises they will not be pursuing another payment center. Both Edison and GTE are trying to convince the Gas Company to also utilize Sanchez Tax Service. Staff is seeking Council direction as to whether we should continue this service at City Hall or allow the transition of the utility companies to utilize Sanchez Tax Service on Main Street. Page 2 Utilities If the Council decides to continue taking utility payments at City Hall, a budget amendment of $2,681 will be required by the Council in order to fund our proportionate share of the Cashier's salary and benefits. If the Council elects to terminate the service, staff will continue collecting utility payments until mid April to allow the utility companies time to facilitate the transition to Sanchez Tax Service. Should the Council decides to terminate the service, the Utility Companies will notified the local area offices. The City and local utility companies will refer all customers to Sanchez Tax Service or Alpha Beta. Sanchez Tax Service and Alpha Beta will be added to the list of payment centers which City Staff currently hands out. This list will also be posted on the window at City Hall - 312 E. Main. I will report any new information regarding the Gas Company's decision at the April 6 meeting. Attached is the Finance and Administration staff's concerns regarding the utility services. 1 3-4 HOURS BALANCE DAILY - (BALANCING EMPLOYEE IS NOT CASHIER, THEREFORE, CITY PAYS EXTRA FOR THIS TIME WORKED TOWARD UTILITIES) TAKES THIS PERSON AWAY FROM FRONT DESK - LEAVING ONE PERSON TO ANSWER PHONES, SERVICE THE CITIZENS THAT COME IN FOR OTHER REASONS AND TAKE PAYMENTS WHEN WE BALANCE OUR DRAWER AND ARE SHORT ANY MONIES, THE CITY IS LIABLE TO PAY GTE, EDISON AND GAS COMPANY, THEREFORE, CITY TAKES THE LOSS FOR ANY SHORTAGES. TIME ELEMENT - MARY ANN AND ANNE HAVE ADDED JOB LOAD DUE TO HELPING OUT UP FRONT WHEN TOO MANY CUSTOMERS COME IN. WE'VE HAD AS MANY AS FOUR PEOPLE HELPING UP FRONT AT ONE TIME - TRYING TO ASSIST CUSTOMERS IN A TIMELY MANNER BUT THIS HAS CAUSED MONEY MIXUPS, WRONG NUMBERS ON PAYMENT STUBS WHICH THEN CAUSES MORE TIME BEING SPENT BALANCING. 3. EXCESSIVE AMOUNT OF CASH IN CASH DRAWER; STRESS LEVEL - CONSTANT INTERRUPTION - DISRUPTIVE WORKING ENVIRONMENT CONCENTRATION LOST - EMPLOYEES STUMBLING OVER EACH OTHER TO TRY TO ASSIST CUSTOMERS. APPROXIMATELY 75 - 125 PEOPLE COME IN DAILY - STEADY STREAM IN AND OUT THE DOOR. CUSTOMERS GET ANGRY WHEN YOU CANNOT TAKE LATE PAYMENTS. THEY ASK QUESTIONS ABOUT THEIR BILL THAT WE CANNOT ANSWER AND THEY GET UPSET. 7 THEY WANT US TO CALL THE VARIOUS UTILITIES (OR USE OUR PHONE) TO INQUIRE ABOUT THEIR ACCOUNT. WE ARE SERVICING NOT JUST SAN JACINTO. CUSTOMERS COME FROM AS FAR AWAY AS ROMOLAND, WINCHESTER, BANNING, BEAUMONT, MORENO VALLEY (SOME WORK IN VALLEY AND STOP TO PAY THEIR BILLS) TO: FROM: DATE: SUBJECT: STAFF REPORT Honorable Mayor and Members of the City Council Les Evans, via Pamela S. Easter April 6, 1993 RANCHO SAN JACINTO - PHASE I LANDSCAPE NOTICE OF COMPLETION AND SETTLEMENT OF CLAIMS Recommendation: 1. Accept the Rancho San Jacinto Phase I Landscape Improvements completed by Western Landscape Construction and authorize the City Clerk to file a Notice of Completion. 2. Approve Settlement Agreement and Release of Claims 3. Approve a final change order increasing the contract amount by $100,000. Background: On January 8, 1991, the City Council awarded a contract to Western Landscape Construction for the construction of drainage, park and landscape improvements in the Rancho San Jacinto Community Facilities District. The original contract amount was $2,502,594.26. There have been a total of 29 change orders and contract adjustments increasing the original contract by $72,458.62 (2.9096). Since completion of the work, Western Landscape has filed claims against the City for flood damage and lack of irrigation water. The "flood damage" claim alleges design deficiencies which resulted in $152,491 in storm damage in January, 1992. The "lack of irrigation water" claim is based on the contractor's opinion that there was no irrigation water available on the construction site at the time the contractor was ready to begin irrigation. The amount of this claim is $210,820. After a lengthy period of negotiation, the Contractor staff have agreed as follows: 1. The City commenced maintenance of the project on 13, 1992 and Western Landscape Construction terminated maintenance on that date. and City November ("WLC") Page Two 2 The acceptance of the project, on or about April 6, 1993, by the City will be on an "as is, where is" basis without any further repairs to be performed by Western Landscape Construction (WLC) or its carrier. 3 WLC will bill the City for all undisputed items of work completed under the contract as one hundred percent (100% complete, and WLC will give credits to the City for any item of work not completed by WLC, if any, including maintenance as noted in Item No. 1, above. The final amount due on the project is subject to verification by cooperative effort between the City and our office. 4. The City will issue a final change order, increasing the contract amount by $100,000. 5 WLC will settle the subrogated claim of its insurance carrier and the City will have no responsibility for that claim. 6 Item No.'s 3 and 4 above will be paid by the City within thirty (30) days after approval of the settlement by the City Council, and a Notice of Completion will be recorded within five (5) days after City Council approval and project acceptance. The City will release the C.D. after the thirty-five (35) day period required by law after the Notice of Completion is recorded, except sums the City is required to withhold as the result of any STOP notices. 7 Mutual general releases will be executed by the parties, including the subrogated insurance company. 8 In the event that the City Council does not approve the settlement as submitted, WLC will have an automatic extension to and including April 30, 1993 within which to timely bring its action in court. 9 The City will not waive any express or implied warranties as to the work actually done by WLC which may be applicable. NBS-Lowry has agreed to contribute $40,000 toward the $100,000 final change order in settlement of claims. WHEN RECORDED RETURN TO: City Clerk City of San Jacinto 201 East Main Street San Jacinto, CA 92383 NOTICE OF COMPLETION FOR RECORDERS USE ONLY Notice is hereby given by the undersigned owner, a political subdivision of the State of California, that a public work of improvement described as Rancho San Jacinto Phase I Landscape and Drainage System Improvements has been completed and was accepted by the undersigned awarding authority on the date hereof. The contractor on such work was Western Landscape Construction and the surety bond is with Wausau Insurance Companies The real property upon which said work was performed is in the City of San Jacinto, County of Riverside, State of California and described as: (Legal description or street address or other specific location) Community Facilities District No. 2, Phase I Date: (Date of Acceptance) STATE OF CALIFORNIA) ss COUNTY OF RIVERSIDE) City of San Jacinto By (Name7oi Subdivision) Title 1) i rec4-Or k•S• I hereby certify that I am the of the City Council of the City of San Jacinto. California the political subdivision which executed the foregoing notice and on whose behalf I make this verification; that I have read said notice, know its contents, and that the same is true. I certify under penalty of perjury that the foregoing is true and correct. Executed at San Jacinto. California on (Date) Deputy City Clerk SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS This Settlement Agreement and Release of Claims is made and entered into by and between the City of San Jacinto Community Facilities District No. 2 (hereinafter "DISTRICT"), Environmental Industries, Inc. (Western Landscape Construction Co., hereinafter "CONTRACTOR"), Continental Insurance Company (Subrogee of Contractor, hereinafter referred to as "CONTINENTAL"). WITNESSETH: WHEREAS, on or about February 21, 1990, DISTRICT and CONTRACTOR entered into an agreement whereby CONTRACTOR was to perform certain landscaping and construction services for the San Jacinto Community Facilities District No. 2, the work to be constructed having been partially designed by NBS Lowry, Inc.; and WHEREAS, throughout the course of construction, certain differences have arisen between the DISTRICT, CONTRACTOR, and CONTINENTAL; and WHEREAS, on June 30, 1992, CONTRACTOR, the Subrogor of CONTINENTAL, presented a claim to the City of San Jacinto claiming damages in the sum of $173,448.00 and alleging defective and negligent design of the work of construction; and WHEREAS, on August 17, 1992, CONTRACTOR presented a subsequent claim to the City of San Jacinto pursuant to Government Code Sections 910, et. seq. claiming damages of $363,311.00 and alleging breach of contract by DISTRICT and a failure to pay sums for damages due to delay of construction water and for storm damage repairs; and WHEREAS, DISTRICT, CONTRACTOR and CONTINENTAL now desire to settle all claims arising from the transaction and construction disputes above mentioned, NOW THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, receipt of which is hereby acknowledged, and to avoid unnecessary litigation, it is hereby agreed by and between the parties as follows: FIRST: It is understood that this Agreement, and compliance with this agreement, is the compromise of disputed claims, and shall not be construed as an admission by the parties hereto of any liability or fault. SECOND: For and in consideration of the promises and releases stated herein, it is agreed as follows: a) Upon execution of this Agreement, DISTRICT shall prepare, approve and record a notice of acceptance of the work performed by CONTRACTOR. b) DISTRICT shall accept the work in its present state of completion and shall require no further work to be performed by CONTRACTOR, either for flood damage repair or for completion of unfinished portions of the contract. CONTRACTOR acknowledges that City is not waiving any implied or express warranties which may exist between CONTRACTOR and DISTRICT, for the improvements so completed, including such warranties for "workmanlike" construction. c) Subject to withholding of the Posted Certificate of Deposit on this project, DISTRICT shall pay to CONTRACTOR the billed amounts for all undisputed items of work completed under the contract as one hundred percent (100%) complete, excepting CONTRACTOR shall give DISTRICT a $40,947.28 credit, which will result in a net final payment of $137,688.90 plus the amount in d) below. d) The DISTRICT shall prepare and approve a final change order, increasing the verified contract amount by $100,000.00. A portion of the sum listed in this sub -part is being contributed by NBS Lowry, Inc., to be paid through DISTRICT to CONTRACTOR. e) CONTRACTOR shall pay and settle the subrogated claim of CONTINENTAL from sums received from DISTRICT as listed in paragraphs c & d, above, and DISTRICT shall have no further liability therefor. The amounts due under C & D, above, shall be paid by DISTRICT to CONTRACTOR within 30 days of DISTRICT's formal approval of the Final Charge Order and Notice of Acceptance. The DISTRICT shall issue its approval of the Final Change Order within ten (10) working days of final execution of this Agreement. f) Within 5 days after approval of the Final Change Order and Notice of Acceptance by DISTRICT, DISTRICT shall record said Notice of Acceptance with the Riverside County Recorder. Following the statutory period stated within CCP Section 3184, DISTRICT shall release to CONTRACTOR, CONTRACTOR's Certificate of Deposit, less any amounts claimed pursuant to stop notices presented to DISTRICT. THIRD: The parties hereto, on behalf of themselves, their heirs, executives, administrators and assigns, and in consideration of the mutual promises made herein, do hereby fully release one from the other, including each others employees, agents and officials, from all claims, demands and causes of action by reason of any injury, loss and/or damage which has been sustained, or claimed to have been sustained, or heretofore or hereinafter arising out of, connected with, or related to, the reasons and/or facts, circumstances and allegations stated in the aforementioned Government Claims filed pursuant to Government Code, Sections 900, et. seq. and those claims, causes of action, losses and damages alleged in the letters of William N. Cohen, Vice President of Contractor, dated December 9, 1992, and February 26, 1993. Specifically, and pursuant to this paragraph, CONTRACTOR, together with CONTINENTAL, do hereby fully release and discharge DISTRICT, the CITY OF SAN JACINTO, NBS LOWERY, INC, PEACOCK-RADAKER CORPORATION, their employees, agents, officials, and all other corporations, persons or entities, from any and all claims, injuries and losses stated in this paragraph. FOURTH: CONTRACTOR and CONTINENTAL do hereby acknowledge that this release applies to all claims that they may have against the persons and entities released arising out of the transactions or occurrences described in the Recitals to this Agreement, or from any other reason, for injuries, damages or losses, whether those injuries, damages, or losses are known or unknown, foreseen or unforseen, or patent or latent. This Agreement shall not be construed to waive any rights DISTRICT may have with respect to the express or implied warranties of CONTRACTOR pertaining to the works of improvement completed by CONTRACTOR. FIFTH: The parties to this Agreement hereby agree that they shall waive all rights under Section 1542 of the California Civil Code, which Section states: 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. SIXTH: The parties to this Agreement, with the exception of the items underlined in paragraph FOURTH, acknowledge that the significance and consequence of this waiver of Section 1542 of the Civil Code, is that even if they should eventually suffer additional damage arising out of the above - described transactions or occurrences, they will not be permitted to make any claim for those damages. Furthermore, the parties hereby acknowledge that they intend these consequences even as to claims for damages that may exist as of the date of this release but which the parties do not know exist, and which, if known, would materially affect the party's decision to execute this release, regardless of whether the party's lack of knowledge is the result of ignorance, oversight, error, negligence, or any other cause. 3 SEVENTH: The parties hereto warrant and represent that in executing this release, he/she/it has relied on or has had the opportunity to rely on legal advice from the attorney of his/her/its choice, that the terms of this release and its consequences have been completely read, explained and understood by the party so executing. EIGHTH: The parties hereto represent and acknowledge that in executing this Agreement they do not rely and have not relied upon any representation or statement made by any of the parties or by any of the parties' agents, attorneys, or representatives with regard to the subject matter, basis, or effect of this Agreement or otherwise, other than those specifically stated in this written Agreement. NINTH: This Agreement shall be binding upon the parties hereto and upon their heirs, administrators, representatives, executors, successors, and assigns, and shall inure to the benefit of said parties and each of them and to their heirs, administrators, representatives, executors, successors, and assigns. The parties expressly warrant that they have not transferred to any person or entity any rights, causes of action, or claims released in this Agreement. TENTH: Should any provision of this Agreement be declared or be determined by any court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining parts, terms, or provisions shall not be affected thereby, and said illegal, unenforceable, or invalid part, term, or provision shall be deemed not to be a part of this Agreement. ELEVENTH: This Agreement sets forth the entire Agreement between the parties hereto and fully supersedes any and all prior agreements or understandings, written or oral, between the parties hereto pertaining to the subject matter hereof. TWELFTH: This Agreement shall be interpreted in accordance with the plain meaning of its terms and not strictly for or against any of the parties hereto. THIRTEENTH: The undersigned persons warrant and represent that they have the authority to execute this Agreement and bind their respective parties. FOURTEENTH: It is further understood and agreed that if, at any time, a violation of any term of this Agreement is asserted by any party hereto, that party shall have the right to seek specific performance of that term and/or any other necessary and proper relief, including but not limited to damages, from any court of competent jurisdiction, and the prevailing party shall be entitled to recover its reasonable costs and attorneys' fees. 4 APPROVED AS TO FORM AND CONTENT: CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2 BY: Dated: Its: JANES A. COX Its: CITY ATTORNEY ENVIRONMENTAL INDUSTRIES, INC. WESTERN LANDSCAPE CONSTRUCTION COMPANY Dated: BY: Dated: BURTON S. SPERBER Its: PRESIDENT BY: Dated: WILLIAM N. COHEN Its: CORPORATE COUNSEL CONTINENTAL INSURANCE COMPANY BY: Dated: Its: BY: Dated: PAUL RUBINO Its: ATTORNEY 5