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Home My WebLink AboutAgenda - Agenda Packets - Regular Meeting 8/18/1992AGENDA SAN JACINO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND INDUSTRIAL DEVELOPMENT AUTHORITY DATE: August 18, 1992 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 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, uponinvitation of the Mayor, state their name, address and the Consent Calendar item number. Speakers should limit comments to three minutes. 5.1 Minutes of Regular Meeting of July 21, 1992 RECOMMENDATION: Approve the Minutes of the Regular Meeting of July 21, 1992 as presented. 5.2 Warrant Register RECOMMENDATION: Approve Warrant No. 29478 through 29617 datcd August 15, 1992 in the amount of $269,841.73 and payroll check numbers 20511 through 20602 in the amount of $114,257.20 dated August 14, 1992. 5.3 Claim - Compton, Susie RECOMMENDATION: Reject the Claim as recommended by the claims Adjustor pursuant to Government Code. 5.4 Community Facilities District Nos. 1,2.3 & AD 87-1 RECOMMENDATION: Staff recommends approval of Resolution establishing the annual special taxes for Community Facilities District Nos. 1,2,3, and Assessment District 87-1. RESOLUTION NO. c -22 A RESOLUTION OF THE CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 1 ESTABLISHING AN ANNUAL SPECIAL TAX FOR POLICE AND FIRE SERVICES AND FOR PUBLIC FACILITIES FOR FISCAL YEAR 1992/93 RESOLUTION NO. Z) f I A RESOLUTION OF THE CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2 ESTABLISHING AN ANNUAL SPECIAL TAX FOR POLICE AND FIRE SERVICES AND FOR PUBLIC FACILITIES FOR FISCAL YEAR 1992/93 RESOLUTION NO. 7 ) A. RESOLUTION OF THE CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 3 ESTABLISHING AN ANNUAL SPECIAL TAX FOR POLICE AND FIRE SERVICES FOR FISCAL YEAR 1992/93 RESOLUTION NO. A RESOLUTION OF THE CITY OF SAN JACINTO ASSESSMENT DISTRICT NO. 87-1 ESTABLISHING THE ANNUAL SPECIAL TAX FOR PUBLIC FACILITIES FOR FISCAL YEAR 1992/93 2 5.5 1992/93 Fiscal Year Senior Nutrition Program Lease RECOMMENDATION: Approve 1992/93 fiscal year Senior Nutrition Program Lease Agreement 5.6 Request for Release of Bonds - California Ranch Homes Tract No. 22950-2 RECOMMENDATION: Reduce the following bond to 10 percent of its original value for the above referenced tract. Bond # 3SM 720 943 00 $257,054.00 reduced to $25,705.00. Release Bond # 3SM 720 941 00 in the amount of $1,500.00. 5.7 Change Orders 1-6 Esplanade Avenue Project RECOMMENDATION: Approve Change Orders 1-6 to the Esplanade Avenue project contract with Floyd Johnston Construction. 5.8 Consent agreement with Southern California Edison Company relative to restricting the height of street trees on Mountain Ave RECOMMENDATION: Staff recommends that the City Council approve the consent agreement as it pertains to Item 7 therein and authorize the Mayor to execute the agreement. 5.9 Agreement between Palos Verdes Investment Corp. for foreclosure proceedings on Asst. District 87-1 RECOMMENDATION: Adopt Resolution No. approving an agreement between Palos Verdes Investment Corporation for foreclosure proceedings on Asst. District 87-1 RESOLUTION NO. 2 G S 7 A RESOLUTION OF THE CITY COUNCIL OF SAN JACINTO APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT TO PROVIDE PROCEEDS OR TITLE FROM A FORECLOSURE ACTION WITHIN ASSESSMENT DISTRICT NO. 87-1 BY AND BETWEEN THE CITY OF SAN JACINTO AND PALOS VERDES INVESTMENT CORPORATION. o5.10 Joint Powers agreement to access California Law Enforcement Telecommunications System 9 CLETS RECOMMENDATION: Approve the Joint Powers Agreement for access to CLETS and adopt Resolution No. 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ESTABLISHING A JOINT POWERS AGREEMENT BETWEEN RIVERSIDE MID - COUNTY POLICE AGENCIES FOR A COMPUTER NETWORK State -Local Partnership Program - Esplanade Street Widening RECOMMENDATION: Adopt Resolution No. approving State -Local Transportation Partnership Program Supplement No. 002 for the Ramona Expressway Rehabilitation Project. RESOLUTION NO. Z� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO CALIFORNIA, APPROVING PROGRAM SUPPLEMENT NO. 0022 AND AUTHORIZING THEIR EXECUTION TO STATE LOCAL MASTER AGREEMENT NO. SLTPP-5075 5.12 Labor Negotiations extension RECOMMENDATION: Grant a further extension of the Police. Fire and Memorandums of Understanding through September 30, 1992. END OF CONSENT CALENDAR Motion by: Seconded by: to approve consent calendar items 5.1 through 5.12 and adopt Resolution No. through Resolution No. 6.0 PUBLIC HEARINGS 7.0 CITY DEPARTMENTS 7.1 Appoint Community Preservation Committee - Chadwick RECOMMENDATION: In order to appoint the Community Preservation Committee, each City Council member should vote for five (5) Primary Members and two (2) Alternate Members. 7.2 Appoint Library Board Member - Lee RECOMMENDATION: 7.3 Road Closure Policy - Evans RECOMMENDATION: Receive and file (Representative from Chamber of Commerce will be present) 4 7.4 Appointment of a City Council Representative to the Residential Compatibility Ordinance Committee - Hults RECOMMENDATION: Appoint a representative to the proposed Residential Compatibility Ordinance Committee 8.0 MAYOR/ COUNCIL MEMBER REPORTS/DISCUSSIONS 8.1 Mine Reclamation Corporation - Eagle Mountain Proposal - Boykin 9.0 CLOSED SESSION 9.1 Claim - Duistermars. Jeannie 10.0 ADJOURNMENT Motion by: Seconded by: Action: to adjourn. Vote: I, Maurice Armster, do hereby certify that I caused to be posted the foregoing agenda this 14th day of August, 1992, as required by law. Maurice Armster, City Clerk Deputy City Clerk TO: FROM: DATE: SUBJECT: STAFF REPORT Honorable Mayor and Members of the City Council Pamela L. Lee, Deputy City Clerk August 18, 1992 Minutes of the Regular Meeting of July 21, 1992 RECOMMENDATION Approve the Minutes of the Regular Meeting of July 21, 1992, as presented. NUTES REGULAR MEETING SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND INDUSTRIAL DEVELOPMENT AUTHORITY JULY 21, 1992 1.0 CALL TO ORDER The Regular Meeting of the San Jacinto City Council was called to order at 6:30' P.M.by Mayor Boykin at the Community Center, 625 South Pico, San Jacinto, California. Present: Councilmembers Hafliger, Leahy, Richards and Mayor Boykin' Absent: Councilmember Ford A Moment of Silence was observed for Reflection The Pledge of Allegiance was led by Mayor Boykin 2.0 REDEVELOPMENT AGENCY None 3.0 SPECIAL PRESENTATIONS 3.1 Employee Presentation would be made later in the meeting. 4.0 PUBLIC' COMMENTS None 5.0 CONSENT CALENDAR A MOTION was made by Councilmember Leahy, seconded by Councilmember Hafliger to approve the consent calendar as presented. Motion carried on a 4-0 vote with Councilmember Ford absent. 5.1 Minutes of Regular Meeting - June 16, 1992 '(Continued from July 7. 1992 Approved the minutes as presented. July 21, 1992 5.2 Minutes of Special Meetine - June 30. 1992 Approved the minutes as presented. 5.3 Warrant Register Approved Warrant No. 29218 through 29302, dated July 14, 1992, in the amount of $121,239.10 and No. 29183 through 29350, dated July 15, 1992, in the amount of S 427,967.93. 5.4 Grant Acceptance from Shelter for Homeless Received and filed. 5.5 Ordinance No. 957 - Zoning Ordinance Amendment 4-92 Waived the full reading of Ordinance No. 957 and read by title only and adopted Ordinance approving the zoning ordinance amendment. ORDINANCE NO. 957 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT 4-92, AMENDING ARTICLE 5, SECTION 507 OF ORDINANCE 340, THE ZONING ORDINANCE RELATED TO THE ESTABLISHMENT OF VARIABLE LOT SIZES IN THE R-1 (SINGLE FAMILY RESIDENTIAL) ZONE 5.6 Ordinance No. 958 - Subdivision Ordinance Amendment 1-92 Waived the full reading of Ordinance No. 958 and read by title only and adopted Ordinance approving the subdivision ordinance amendment. ORDINANCE NO. 958 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING SUBDIVISION ORDINANCE AMENDMENT 1-92, AMENDING CHAPTER 18 OF THE MUNICIPAL CODE, SECTION 18-III-3.B.3 RELATED TO MINIMUM LOT WIDTH REQUIREMENTS FOR NEWLY CREATED LOTS 2 5.7 Final Maps 5.7.1 July 21, 1992 Tract 22665 (Palomar Savings & Loan) Location: East of Pine Avenue, South of Seventh Street, West of Palm Avenue, and North of Esplanade Avenue. Approved Final Map 22665 and authorized the Mayor to execute the subdivision agreement and final map for recordation upon submission of letters of credit. 5.7.2 Tract 22665-1 (Palomar Savings & Loan) Location: East of Pine Avenue, South of Seventh Street, West of Palm Avenue, and North of Esplanade Avenue. Approved Final Map 22665-1 and authorized the Mayor to execute the subdivision agreement and final map for recordation upon submission of letters of credit. In response to Council concerns regarding runoff from the proposed tract, staff advised that, lacking a flood control plan, the developers would be required to pay fees for future flood control development, and in the interim the downstream retention basins would eliminate the spreading of flows downstream. Further, with the economic times, it was unlikely that developers would advance the funds for improvements with the thought of reimbursement at a later date. The proposal would result in the Sunrise development participating in building a portion of the downstream improvements but there would still be a gap in the planned development. Council consensus to direct staff to set a higher priority on the flood control plan for the area. 5.8 Bond Reduction - Tract 25636 (Sunny Hills Development) Location: North of Ramona Expressway, West of Eagle Road. Reduced bonds for walls, landscaping and improvements to $60,000 and reduced the monument bond to $1,000. 5.9 Tract 23860 - Final Extension (Elia Enterprises, Inc.) Location: West of San Fe Avenue, east of the railroad tracks north of the Buena Vista retention basin and south of Seventh Street Approved the third and final extension. 6.0 PUBLIC HEARINGS Since the hour was not yet 7:30 P.M., the time set to conduct public hearings, Council consensus was to proceed to the City Departments portion of the agenda. 3 July 21, 1992 7.0 CITY DEPARTMENTS 7.1 Status Report on Rancho San Jacinto Landscaping Public Works Director Evans gave an update on the retrofit. Advised that the landscape architect was endeavoring to finish the project. Stale conducted a walk through and established a list of almost one hundred items to be addressed prior to acceptance pursuant to the plans and specifications. It was hoped completion would he August 1st. The item of greatest concern was the brown grass. The cause had not been determined, however, many factors needed to be reviewed: the architectural design, the seed mix, and the nature of the weather. The grasses which appeared brown were specifically for erosion control which was needed immediately. As the underlying new growth took hold the brown grasses would be choked out by the growth which would be present for many years to come. The brown grass would be less prominent in future years. The landscape architect suggested if any action were to he taken, it would be hest to mow the gras to a height of four inches and reseed with an annual mix, that would stimulate green immediately. The cost for such action would he charged to the Landscaping and Lighting District and not the General Fund. Council consensus to rework the flat part and not the hanks, along Esplanade around Evans and Hewitt. Suggested utilizing a summer work program from one of the three available in the valley; Valley Teen Center and Valley Resource. Staff to bring back a proposal on the cost. The other issue of concern was the hike paths. Staff advised that where the paths cross the channel it becomes wet and muddy from the runoff. The next phase design would eliminate that concern. Plans had been prepared to retrofit the crossings and would be included as an alternate in the bid package for the next phase. The process would allow for a good bid considering the overall package. Originally there was a concern of safety with raised platforms. However, the new wider design would address that concern. In addition, there had been problems with bike riders breaking off sprinklers, over 500 had been lost and those costs would have to be dealt with. Residents were urged to report anyone seen causing such damage. A MOTION was made by Councilmember Hafliger, seconded by Councilmember Leahy to receive and file the report. Motion carried on a 4-0 vote with Councilmember Ford absent. See additional comments regarding item 7.1 on Page 9 of these minutes. 4 July 21, 1992 7.2 La Vista Alcoholism Recovery Center - CUP Fee Waiver Request Community Development Director McNabb advised that the request dealt with a Conditional Use Permit for the placement of a donated mobile home at their facility. The fee for application would be $3,000 and a request had been received to waive the fee. Mary O'Donnell, complimented staff for their professional assistance and requested a waiver of the fee. The addition to their facility would expand it by five more spaces. Ms. O'Donnell advised that 90% of those using their facilities had no money when they came to them. However, their facility returned to the community productive citizens. Rae Ann Greco and Joan Metts, former residents spoke on the merits of the center and related their personal experiences. They advised how many, like themselves, with the assistance of the home, recovered from destitution and now had jobs, homes, cars and new self sufficient lives and were no longer a burden on their community. A MOTION was made by Councilmember Hafliger, seconded by Councilmember Richards to waive the CUP fee. Motion carried on a 4-0 vote with Councilmember Ford absent. 3.0 SPECIAL PRESENTATIONS 3.1 Employee Presentation was made by the Council to Fire Captain Bob Wilson. At the hour of 7:20 P.M. the Council recessed. At the hour of 7:30 P.M. the Council reconvened with all members present except Councilmember Ford. 6.0 PUBLIC HEARINGS 6.1 Truck Routes Ordinance Amendment Public Works Director Evans gave some brief history on the development of truck routes and subsequent discussions. The proposal addressed the deletion of the truck route designation along Esplanade between Ramona Expressway and State Highway 79. Mr. Evans identified all the truck route designations existing within the City and neighboring jurisdictions. Explained the STAA (State Transportation Assistance Act) which provided for the lawful requirements for super trucks. The proposal was advertised four times and 5 July 21, 1992 local truck operations were contacted, along with neighboring jurisdictions and CALTRANS. The only response at the time of agenda publication was from Hemet Ready Mix, who felt the route proposed for deletion was safer than the alternate State Street. As recently as the day before the meeting a letter was received (and read) from the City of Hemet Traffic Commission, requesting the matter be postponed until a time more reflective of area economic conditions. The Commission was concerned regarding the impact on Florida Avenue. Petitions from local residents were received and included in the agenda packet. Mr. Evans explained the trucking requirements tthat the trucks remain on a route until the closest point of destination, which would result in some trucks still using the deleted portion of the route. Mayor Boykin opened the public hearing. Jim Smedley, congratulated staff on their review of the issue and supported the staff recommendation. Rick Thomsen, deferred his time to Mike Caldwell. Mike Caldwell. spoke on behalf of the Rancho San Jacinto Committee. Thanked staff for their work and agreed with the report. Stated that the residents did not approach the matter as a NIMBY (Not In My Back Yard), but rather they felt a truck route was not appropriate in any residential neighborhood when alternate routes were available. Requested that the residential character statement be amended to include the portion of route between Mountain and San Jacinto for the benefit of American Village. In addition to the petitions, provided staff with support letters from the Barratt Development and the school district. The issues regarding the truck routes involved noise, safety and property values. Mr. Caldwell charged the Council with the responsibility for the quality of life. Rick Thomsen concurred with the statements by Mr. Caldwell. Stacy Hunter concurred with the previous statements by Messrs Caldwell and Thomsen. Further, stated there was a need for additional traffic controls due to the location of the school and park which children frequented. G.V. Salts supported the staff recommendation. July 21,1992 Virgal Woolfolk, voiced concern that an EIR was not originally done to address the circulation. Supported the elimination of the route for the safety of young and old alike. Tom Daniel, Beaumont Concrete Company, advised that the shortest route would be the safest and the best for roadway maintenance. The route proposed would triple the distance for local truckers. Staff clarified that the route closure would still allow access to the local truckers. In addition, it would be difficult for law enforcement officials to know whether trucks were utilizing the shortest routes, the time to follow each truck would be prohibitive. There being no further testimony, the public hearing was closed. A MOTION was made by Councilmember Hafliger, seconded by Councilmember Richards to introduce Ordinance No. 959 and waive the full reading and read by title only. Motion carried on a 4-0 vote with Councilmember Ford absent. ORDINANCE NO. 959 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, AMENDING ORDINANCE NO. 931 At the hour of 8:10 P.M. the Council recessed. At the hour of 8:20 P.M. the Council reconvened. 6.1 OK Associates Renegotiated Refuse Contract (Continued from July 7, 1992) City Attorney Cox gave the historical background on Council consideration of the proposal. Explained the options for the city to jointly negotiate with the City of Hemet for recycling, or work through Goodwill Industries or OK Associates. Outlined the following recommended changes to the contract: Page 28, Section 12.02, add sentence incorporating the new Exhibit D for collections. Add to Exhibit B a listing of EMWD accounts and delinquent commercial accounts and change the current Exhibit B to Exhibit C. Mayor Boykin opened the public hearing. 7 July 21, 1992 There being no testimony to present the public hearing was closed. A MOTION was made by Councilmember Leahy, seconded by Councilmember Hafliger to approve the agreement as proposed by staff including the amendments recommended by the City Attorney. Motion carried on a 4-0 vote with Councilmember Ford absent. Mayor Boykin suggested that staff review the article in Western City magazine and take it into consideration. 8.0 MAYOR/COUNCIL MEMBER REPORTS/DISCUSSIONS Council consensus that special meetings be called at the same hour of 7:30 P.M. as the regular meetings, to eliminate confusion. Staff advised that would occur with the exception of the meeting and advertised hearings set for 6:30 P.M. on July 28th. Councilmember Leahy complimented staff on the Community Resource Guide. Invited staff and Council to the Blue Fountain Pot Luck. Requested an update on Sister Cities Association. Finally, requested that staff explain the procedures for the hearing at the next meeting. Community Development Director McNabb explained the Draft EIR review process, noticing and receiving of comments. The Planning Commission had closed their hearings and had made recommendations to the Council. Council would then conduct their hearings and take action regarding the General Plan Amendment and the Zone Change. Additionally, Council would conduct the hearing on the Annexation 66 and then take action. When certifying the EIR as presented or if they choose to make amendments the Council would need to make the necessary findings of overriding consideration for those matters which could not be mitigated and were of value to the project in order to proceed. If there was substantial impact a new analysis would be r-equired and the hearing could be continued. However, the LAFCO application could not be filed until the E1R has been certified. Councilmember Richards requested that staff pursue, prior to the change of ownership, the acquisition of video and camera equipment promised to the City in November, 1988, by Jones Intercable. City Attorney Cox would follow up on that. 8 July 21, 1992 9.0 CLOSED SESSION None 7.0 CITY DEPARTMENTS (Continued) 7.1 Status Report on Rancho San Jacinto Landscaping(Continued) John Bagley, not present earlier, explained to Council that the annual fescue grass would be more prevalent in the next few years. The brown grass was a winter annual that goes summer dormant but acts as shade to cover the tender seedlings as the perennials come up. The perennials would choke out the brown grass in 2-3 years. Cutting of the grass would speed its demise. 10.0 ADJOURNMENT There being no further business, A MOTION was made by Councilmember Richards, seconded by Councilmember Leahy to adjourn. Motion carried on a 4-0 vote with Councilmember Ford absent. The hour of adjournment being 8:40 P.M. Submitted by Maurice Armster, City Clerk 9 Approved by STAFF REPORT TO: Mayor and City Council FROM: Anna A. Vega, Finance Director Via Pamela S. Easter, City Manager SUBJECT: Approval of Register of Audited Demands and Payroll Checks DATE: August 18, 1992 RECOMMENDATION Approve warrant numbers 29478 through 29617 dated August 15, 1992 in the amount of $ 269,841.73. SUMMARY A listing of accounts payable warrants is attached for your review and approval. CITY OF »N JACINTO OL.Cf1.2 REGISTER lOF AUDITED DEMANDS PAGE CHECK 29478* 29.479* 29480* "'.948:1.* 2948r.*. 29483* 29484*• 29485* 29486* 29487* 29488* 29489* 29490* 2949:1-* 29492* 29493* 29494*. 2.9495* 29496* 29497* 29498* 29499* 29 i00* 29501* 29502* 29503* 29504* 29505* 29506*. 29507•*• 29508* '7'9509.*. 295 1.0* 295:1.:1..* .'951.2 * 295:L3* 295 :L 4 *• 29515 29516 295:L7 29518 295:1.9 29520 2.9�]521 29522 29523 29524 29525 29 526 29527 29528 UNITED CALIFORNIA BANK A/C: 20:1.398 DATE O/'15/92 ISSUED TO ?3C1. CA. EDISON SO. CA. (SAS SO. CA. ED I SON SO. (:.A. GAS VALLEY WIDE RECREATION JOHN TOb1NSEl_. VENTURE INN AVP VISION PLAN :f. CMA F Fai_Ii R:iot'i ]:GUEZ S0. CA. I:1)ISON SO. CA. GAS SO CA. ELDISON SO. CA. GAS ECONOMIC DEVELOPMENT MOTOROL_A INC. RIVERSIDE COUNTY CLERK SO. CA. GAS SO. CA. E:LDI SON HOWARD ESCROW PUBLIC EMI:'. R1='I'. SYSTEM STANDARD INS. COMPANY SO. CA. EIa]:SON SO. CA. GAS COMPUTER RESOURCES COUNTY OF RIVERSIDE I._AFCO RIVERSIDE CO. PLANNING S0. CA. EDi]:SON S0. CA. GAS SO. CA. ELDIS.:ON SO. CA. GAS U.S. POSTMASTER S0. CA. ELIISON S0. CA. OAS O.K. ASSOC. INC. PREMIER EIOLIYWOR\S AT & T AT & T AI'CO EQUIPMENT. INC. ALEXANLDER BATTERY CO. ALL Pl.JRE. CHEMICAL CO. AL.F:'HA BETA ANAL'Y'S TROI•-IF'IES APPLE COMPUTER I._OU:I:S R. ARR(:JYA. JR. E.S. IBABCOCK & SONS E4AL..IJ1: BROS. BE:EMAR L_IT'ERATl.JRE. T:s;ERMINGHAM' S BOB'S (_.UMBER DESCRIPTION PAYMENT COI...I...E:C.'TIONS PAYMENT COLLECTIONS PAYMENT fME::NT COLLECTIONS PAYMENT COLLECTIONS ADM . •---`; 1..I._E E POOL_ LABELS -TREATMENT PLAN DEPOSIT FOR CHAMBER MIXER VISION PLAN INSURANCE DEFERRED COMPENSATION NARCOTICS INVESTIGATION PAYMENT COLLECTIONS PAYMENT COLLECTIONS PAYMENT COLLECTIONS PAYMENT COLLECTIONS WORKSHOP-J. I I (:I••I AR L}Sa DISPATCH CONSOLE•-•F'.I:}.--C:F D FILING -ANNEX 66 PAYMENT COLLECTIONS PAYMENT COLLECTIONS ESCROW DEPOSIT --PARKING LOT RETIREMENT LIFE & DISABILITY INSURANCE PAYMENT COLLECTIONS PAYMENT COLLECTIONS DATA CARTRIDGES-BLDG. & P'LNG . REVIEW FEE -ANNEX 66 ANNEX 66-FILING FEE FISH GAME. --ANNEX 66 PAYMENT COLLECTIONS PAYMENT COLLECTIONS PAYMENT COLLECTIONS PAYMENT COLLECTIONS REPLENISH POSTAGE METER PAYMENT COLLECTIONS PAYMENT COLLECTIONS REFUGE COLLECTIONS STRIPING OF VEHICLES-P.D. C`,E:LL._UI...AR PHONE CHARGES LONG DISTANCE BLADES FOR CONCRETE-P.W. RADIO T TE:R:I:ES:'.... l._LiG CHLORINE/SODA-WATER DRINKS MUTUAL AID INCIDENT-F.D. ME:MC)R]:AL. PL..AQUE HOFFMAN PARK MEMORY EXPANSION-F.D. JANITORIAL... SERVICE :...AB TESTS -WATER OVERPAYMENT -WATER B.I.LL. I...,... i....;.}r_.f-iA11JRi=.HOLDERS-ADM. OFFICES REPAIR WL=EnEATE::R AMO - 357.32 141.55 229.7:1. :1.48.49 4,833.34 38.79 :L25.00 993.73 :L.063.46 200.00 654.57 :L84.34 731.72 295.97 20.00 10,814.17 875.00 300.93 61.0.7:3 5,000.00 18,601.63 2,908.07 :L1:L.57 170--•9 360.00 6,:1.:1.6.00 25.00 260.55 204.42 396.05 :1.69.37 988.00 1,408.51 391.78 85, 989.27 :I.,:I.25.00 13.31 367.19 74.89 229.17 2,606.78 54.54 :L99.87 469,79 :I.,900.00 71.00 26.80 351 .:I.9 8 7 :I.94 `.:64 GLCD12 v` 'CITY OF SA� JACINTO \ REGIGTE� GF AUDITED DEMANDS PAGE 2 � CK 29529 29530 29531 29332 29533 29534 29535 29536 29537 29538 29539 29540 29541 29542 29543 29544 29545 29546 29547 29548 29549 29550 551 52 29554 29555 29556 29557 29558 29559 29560 29561 29562 29563 29564 29565 29566 29567 29566 29569 29,570 29571 29572 29573 29574 29575 29576 ' IS 77 57S 29579 UNITED CALIFO��I� B�� A/C 201398 DATE 8/15/92 ISSUED TO PETE BYWARD CAR WASH DEPOT CASTELLANO^S TOWING GORDON & DONNA CATEG CHEROKEE LANDSCAPE CHLOnCO COMPEX H^E^ DIVINE MICHAEL RUBIO KIMMB... L--FRANCE DON COBUM TOM & HELEN MARTINEZ JIM MILLER HISAYO KANEMURU COMPUTERLAND COMPUTER SUPPLY CONRAD & ASSOCIATES CURRY COPY CENTER L^N. CURTISS DE BROS BLUEPRINTNB |-ILIA DELGADO DENMARK C0NSTRUCTI0N DIAMOND VALLEY NURSERY DOOR COMPANY EASTERN MUNI.WATER DIS-C EQUIPMENT SUPPLY EVANS & ASSOCIATES OFELIA FIERRU FIRST INTERSTATE BANK GENERAL TELEPHONE CO. GRC COPENHAVER INC H & H FABRICATION HEMET HEATING & COOLIN� HEMET INDUSTRIAL SUPpLY HEMET NEWS HEMET RACQUETBALL HILLTOP SOFTWARE HINCKLEY AND SCHMITT HIX ENTE|�PRISE HOUSE OF QUALITY HUBBS STATIONERY INDUSTRIAL ASPHALT J & J AUTOMOTIVE JOHNSON TRACTOR CU^ JOHN/S MARKET KAMMEYER & ASSOCIATES HELEN KINACK KING SIGN CC),. JOSEPH KOZMA PAMELA LEE LIEBERT°CASSIDY/FRIER�� DEGC�IPTION AMOUNT OVERP""ENT BILL 44~31 YEHICL� WASH 595O CHARGES~P~D^ �27~50 �VERPAY�ENT~WATER BILL 18^28 LA-DSC�'E M(-INT^ DISTS+ 11^762^00 REPRM�STER UNIT ---WATER 1.2O8.47 CLAIMA#T� ANGEL GRAJEDA 470+76 REIM�^ �ATER/TRASH DEPOSIT 18^2B �EIHB, WATER/TRASH DEPOSIT 8.30 REIHB, WATER/TRASH DEPOSIT 9^70 REIMBWATER/TRASH DEPOSIT 8^48 REIH9^ WATER/TRASH DEPOSIT 37^32 REIMB^ WATER/TRASH DEPOSIT 12^96 �EI��, �ATER�TRASH DEPOSIT 24~40 MAIHT,-2 LASE]� PRINTERS 250^00 CQMPUTER PROGRAMS~ADM+ OFFICES l,761^40 PROFESSIONAL SERVICE -AUDIT 3,O8O+OO ECON� DEVLP~ COPIES 715^5O 2 SIRENG.... °D° 609~9"" �YLARS-�L�G^ DEPT^ 33+14 O�ERPAY�iENT~WATER BILL 277^74 IA't"CTAL 2'/ RUSER-ADM^ OFI::'ICES 232^10 TREES~�ARIOOS STREETS 123^37 BEPAIR BAY DOOR ... F^It. 400^00 UTILITIES 540°34 401 TRAI .. FTC C[)NES~UAT 3441,80 PROF� SERVICE .... P+W~ DIRECTOR 6/262^5O REIHB^ DISASTER PROGRAM LUNCH 165^63 MASTERCARD QTMT^ 55^26 G[RVICES 3,43O,24 RE[/VLP. CONSULTING 1,56O+00 CART~P~D^ 317^O8 �/� SUPPLY�P.D^ 1i0"OO BOLTS��TH WELL 36^23 LEGAL ADVERTISING 101^78 'VJELLNEG'G PROGRAM 138^00 fEf �)R.... EAD PROGRAMMING ASSISTANCE 997^50 WATER CDOLERS 175~80 WELDIMG RODS-P~W^ 638~05 41! ;TO P;\�TS 548~03 OFFICE �UPPLIES 2�213~37 C3LD MI��P^W+ 180^11 �E�ICLE LEAK TEST-P^B, 107^19 ��KIPLOADER 8,O13~39 CATERED LUNCH .... CALIF^ MUNI G81-F 34~36 DESIG@^[SPLANADE / SCRIPPS MEDIANS 14468~O0 O\/E�P�Y#ENT~WATER BILL 31^15 CIT� GI�# 525,28 EXECUTI�E WORKSHQP~9OST REIMB~ 247.'6 DEP�UTY CITY CLERK 1071^89 L�BOR �ELATIONS�LEGAL SERVICES 4410^75 GLCD12 � CITf �F SA# JACINTO \, REGIST1 PAGE � CHEC K K 2958O 29581 29582 29583 29584 29585 29586 29587 29588 29589 2959O 29591 29592 29593 29594 29595 29596 29597 29598 29599 29600 296O1 29602 296O3 29604 29605 29606 296O7 29608 29609 29610 29611 29612 29613 29614 29615 29616 29617 UNITEB CALIF0<�I� BAN� A/C 2O1398 DATE 8/15/92 ISSUEB TO LONGS DRUG STORE MICHAEL LYNN AMETEK/MC CROMETER D1V^ MARTEN-SUSCO MELCOM COMMUNICATIONS MISSION UNIFORM SERVICE NATIONAL SAFETY COUNCIL KENSON NISHINO A0ERNIGHT INDUSTRIAL PACIFIC A-1 FIRE EQPT, PAClFIC LIGHTING PACKHAM & TOOMEY PACTELL CELLULAR -LA PAGENET RIVERSIDE BLUEPRINT SAN JACINTO GLASS CO, SCOTS HYDROSEED SHARP BUILDING SUPPLY THE SIGN CENTEH SMART & FINAL SO. CALlFORNIA EDISOH SO. CALIFORNIA GAS CO^ KEN SOUTHERN SOUTHWESTERN SPARKLETTS STRUCTURAL ENGINEERS TAABS DAVlD TAUSSIG & ASSC~ TERRf'S lCRACTORS THOMPSON & COLEGATE JAMES W. UNLAND & ASSOC VALLl:;.'Y POOL SUPPLY VALLEY TEEN FOUNDATION CARL. WARREN & CO^ WASTE MANAGEMENT WESTBURNE SUPPLY WESTERN NURSE SPEC, XEROX CORPORATION FILM-�^D° REIMBTUITION/BOOKS~P^D. WATER �ETERS gTR. PIPE & SUPPLIES �DD FRE�UE�CY~P^W^ UH-F, RM CLEAW,/WATER TRENCAIMG SAFETY PACkETW -ATER REIMBv NOVELL WORKSHOP SUPPLIE�~ALL DEPTS+ EXTINGUISHER SERVICE STREET LIGHT ARM ASSY^�3D7 REPOSO EXCAVATION PARKING LOT-S,J, & 5TH CELLULAA PHONES RENTAL RADIO PAGERS-P^W^ FORMAT CATALOG .... BLDG~ & PLNG^ WIHT. 0W REPAIR-F+D^ B�ILS O� MULCH-F^D^ BUILDINC SUPPLIES �E�SHBORHOOD WATCH SIGNS OFFICE SUPPLIES UTILITI�S UTILITS TUITI04 REIMB~~P^D~ CASH D�AWER TRAYS DRI�KING WATER COOLER'S DIV 8B SEMINAR NOTES �ATER DISCONN��[T NOTICES MELLO ROQS SPECIAL TAX ADMIN. GVERPAYMENT BUS^ LICENSE CLAIMA#T� A#GEL SRAJEDA H�� SHE�TS CHLOR�SALLEE S�AFFITI REMOVAL CLAIMA#T0 GTE CLAIM PCRTA FQTTY-MISTLETOE MATERIALS FOR WATER BLOGD DRAWS .... P.D^ COPIER MAINTENANCE FINAL TOTAL AMC � � 9^17 1O9^55 1/4O7°75 2/171~88 12O,O0 1O80+71 412^95 177^88 6O6,39 16O~82 138^OO 1^65O^O0 1'324~23 13^25 3^18 78^11 99^0O 1,881,43 58~63 157~25 28'656^9O 1.07.10 452^OO � 16��^�1 58^13 191^79 82O^35 25~00 1^632.15 585,OO 193°36 945^53 182^52 49,78 1+141~76 3O^00 913^96 269'841,73 REGISTER OF AUDITED DEMANDS August 31, 1992 FUND 10 45329.09 FUND 11 14.30 FUND 14 2165.96 FUND 20 2285.43 FUND 21 210.11 FUND 24 1043.01 FUND 25 16940.54 FUND 28 123.37 FUND 32 14543.00 FUND 35 2908.61 FUND 36 7242.26 FUND 37 3493.65 FUND 40 10560.44 FUND 47 3866.53 FUND 50 31119.43 FUND 65 93875.17 FUND 66 230.00 FUND 67 1079.71 FUND 96 9282.14 PAYROLL 23528.98 TOTAL $269,841.73 3 A STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Laurie Mora, Deputy City Clerk DATE: August 18, 1992 SUBJECT: Claim - Susie Compton - JS 93-03 RECOMMENDATION Reject the claim as recommended by the claims Adjustor pursuant to Government Code. August 5, 1992 Laurie Mora, Deputy City Clerk City of San Jacinto P.D. Box 488 San Jacinto, CA 92581 COACHELLA VALLEY JOINT POWERS INSURANCe AUTHORITY 11111111 RE: Claims Acknowledgement and Loss Advice Dear Ms. Mora: We are in receipt of the claim filed against the City of San Jacinto by claimant Susie Compton. At this time, we wish to advise you of our assigned file number: Claimant: Compton Susie Date of Loss: 07/07/92 File#: JS 93-03 We also request that you take the action indicated below: Ixl mum RErscr O1N: written rejection or claim by Tide of Board or Operation of Law in accordance with Government Code Section 913. LATE CLAIM Do NOT reject claim but RETURN it for failure to Lie within time limit prescribed in Cxrvernmeat Code Section 911.2. Transmittal NOT to contain "WARNING' required by Scction 913. but should advise that the re dune to the 'Application for Leave to File Lice Claim" as provided in Government Code Section 911.4, This must be returned within 45 dap of the date Chink mailed or delivered. INSUFFICIENT CZAD& Send Hearne of inautGCeney for ftailiue to comply ouch Government Code Section 910 and/or 910.2 and/or 910.4 and cite the fo iowin5 specific imufficienckte This Ned be amt within 20 days of your reonipt of claim. Aim CLAIM Reject claim as set forth in first paragraph above, CALM REJI C11ON. APPLICATION FOR LEAVE TO PILE LATE CLATh Reject the Application under Government Code Section 911.$. OPERATION OF LAW: Defer any written response pending our further advice. Please provide us with a copy of any response requested above. If you have any questions, please contact the CVJPIA office. Sincerely, Scott Ellerbrock Accounting/Claims. Specialist cc: City Attorney, Jim Cox 73-710 Fred Waring Drive, Suite 200, Palm Desert, CA 92260 (619) 341-C492 FAX (619) 340.5949 TflTu1 ENDA 5: STAFF REPORT TO: Mayor and City Council FROM: Anna A. Vega, Finance Director via Pamela S. Easter, City Manager SUBJECT: Community Facilities District Nos. 1,2,3 & AD 87-1 DATE: August 18, 1992 RECOMMENDATION Staff recommends approval of Resolutions establishing the annual special taxes for Community Facilities District Nos. 1, 2, 3 and Assessment District 87-1. BACKGROUND David Taussig & Associates, Inc. were contracted to audit and prepare the annual special tax as authorized by resolutions of the Community Facilities Districts 1, 2 and 3 and Assessment District 87-1. The analysis has been completed and the new tax rates are attached for your approval. Upon City Council approval of the attached Resolutions establishing the Annual Special Tax, the Resolution and a listing of parcels to be assessed will be submitted to the Riverside County Auditor Controller. This will enable us to include our assessments on the 1992-93 tax rolls. RESOLUTION NO. RESOLUTION OF THE CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 1 ESTABLISHING ANNUAL SPECIAL TAX FOR POLICE AND FIRE SERVICES AND FOR PUBLIC FACILITIES FOR FISCAL YEAR 1992/93 WHEREAS, The City Council of the CITY OF SAN JACINTO, CALIFORNIA, (hereinafter referred to as the "legislative body"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the "Mello -Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California. Community Facilities District No. 1 shall hereinafter be referred to as "District" and, WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities Districts, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the next fiscal year for Police and Fire Services and for Public Facilities. SECTION 1. That the above recitals are all true and correct. SEC I ION 2. That the specific rate and amount of the special tax to he collected to pay for the costs and expenses for the next fiscal year (1992-1993) for the referenced District is hereby determined and established as set forth in the attached, referenced and incorporated Exhibit "A" . SECTION 3. That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4. That the proceeds of the special tax shall be used to pay, in whole of in part, the costs of the following, in the following order of priority: A. Payment of principal of and interest on any outstanding authorized bonded indebtedness; B. Payment of costs and expenses of authorized Police and Fire services; C. Necessary replenishment of bond reserve funds or other reserve funds; D. Payment of costs and expenses of authorized public facilities; E. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. Page 2 CFD No. 1 Resolution SECTION 5. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency of ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6. All monies above collected shall he paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7. The Auditor of the County is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax" or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECTION 8. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. MOVED, PASSED and ADOPTED at a regular meeting of the City Council on the 18th day of August, 1992 by the following vote: AYES: NOES: ABSENT: ATTEST: Mayor Deputy City Clerk RESOLUTION NO. RESOLUTION OF THE CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2 ESTABLISHING ANNUAL SPECIAL TAX FOR POLICE AND FIRE SERVICES AND FOR PUBLIC FACILITIES FOR FISCAL YEAR 1992/93 WHEREAS, The City Council of the CITY OF SAN JACINTO, CALIFORNIA, (hereinafter referred to as the "legislative body"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the "Mello -Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California. Community Facilities District No. 2 shall hereinafter be referred to as "District" and, WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities Districts, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the next fiscal year for Police and Fire Services and for Public Facilities. SECTION 1. Thai the above recitals are all true and correct. SECTION 2. That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for the next fiscal year (1992-1993) for the referenced District is hereby determined and established as set forth in the attached, referenced and incorporated Exhibit "B" . SECTION 3. That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4. That the proceeds of the special tax shall be used to pay, in whole of in part, the costs of the following, in the following order of priority: A. Payment of costs and expenses of authorized Police and Fire services; B. Payment of principal of and interest on any outstanding authorized bonded indebtedness; C. Necessary replenishment of bond reserve funds or other reserve funds; D. Payment of costs and expenses of authorized public facilities; E. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. Page 2 CFD No. 2 Resoluti.on SECTION 5. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency of ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6. All monies above collected shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7. The Auditor of the County is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax" or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit "B". SECTION 8. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. MOVED, PASSED and ADOPTED at a regular meeting of the City Council on the l8th day of August, 1992 by the following vote: AYES: NOES: ABSENT: Al"I EST: Mayor Deputy City Clerk RESOLUTION NO. RESOLUTION OF THE CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 3 ESTABLISHING ANNUAL SPECIAL TAX FOR POLICE AND FIRE SERVICES FOR FISCAL YEAR 1992/93 WHEREAS, The City Council of the CITY OF SAN JACINTO, CALIFORNIA, (hereinafter referred to as the "legislative body"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the "Mello -Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California. Community Facilities District No. 3 shall hereinafter be referred to as "District" and, WHEREAS, this legislative body, by Ordinance as autorized by Section 53340 of the Government code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities Districts, and this legislative body is desirous to establish the specific rate of the special taxto be collected for the next fiscal year for Police and Fire Services, NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for the next fiscal year (1992-1993) for the referenced District is hereby determined and established as set forth in the attached, referenced and incorporated Exhibit "A". SECTION 3. That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4. That the proceeds of the special tax shall be used to pay, in whole of in part, the costs of the following, in the following order of priority: A. Necessary replenishment of bond reserve funds or other reserve funds; B. Payment of costs and expenses of authorized Police and Fire services; The proceeds of the special taxes shall be used as set forth above, and shall not he used for any other purpose. SECTION 5. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency of ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6. All monies above collected shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7. The Auditor of the County is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax" or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECTION 8. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. MOVED, PASSED and ADOPTED at a regular meeting of the City Council on the day of . 1992 by the following vote: AYES: NOES: ABSENT: ATTEST: Mayor Deputy City Clerk RESOLUTION NO. RESOLUTION OF THE CITY OF SAN JACINTO ASSESSMENT DISTRICT NO. 87-1 ESTABLISHING THE ANNUAL SPECIAL TAX FOR PUBLIC FACILITIES FOR FISCAL YEAR 1992/93 WHEREAS, The City Council of the CITY OF SAN JACINTO, CALIFORNIA, (hereinafter referred to as the "legislative body"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a assessment district, all as authorized pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", and for the issuance of bonds under the "Improvement Bond Act of 1915". WHEREAS, this legislative body, by Ordinance as authorized by Section 3114 of the Streets and Highway code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Assessment District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the next fiscal year for Public Facilities. SECTION 1. That the above recitals are all true and correct. SECTION 2. That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for the next fiscal year (1992-1993) for the referenced District is hereby determined and established as set forth in the attached, referenced and incorporated Exhibit "A" . SECTION 3. That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4. That the proceeds of the special tax shall be used to pay, in whole of in part, the costs of the following, in the following order of priority: A. Payment of principal of and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities; D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above. and shall not be used for any other purpose. Page 2 AD No, 87-1 Resolution SECTION 5. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency of ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6. All monies above collected shall be paid into the Assessment District fund, including any bond fund and reserve fund. SECTION 7. The Auditor of the County is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax" or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECTION 8. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. MOVED, PASSED and ADOPTED at a regular meeting of the City Council on the 18th day of August, 1992 by the following vote: AYES: NOES: ABSENT: Al FEST: Mayor Deputy City Clerk STAFF REPORT TO: Mayor and Members of the City Council FROM: Dave Anderson, Assistant to the City Manager DATE: August 18, 1992 SUBJECT: Riverside County Office on Aging Senior Nutrition Program Lease Agreement RECOMMENDATION Approve 1992/93 Fiscal Year Senior Nutrition Program Lease Agreement BACKGROUND The Riverside County Office on Aging has contracted with the City of San Jacinto to lease the North Room of the Community Center for several years. This program provides low cost meal service for Senior Citizens, and is scheduled in the North Room from 10:00 a.m. to 2:00 p.m. Monday through Friday. 75 to 100 meals are prepared at the center each day. This agreement covers the 1992/93 fiscal year and provides the City with $3,000 rental income for this period at the rate of 250.00 per month. May 19, 1992 TO: City of San Jacinto Attn: Pamela Lee, Asst Deputy City Manager P.O. Box 488 San Jacinto, CA 92583 FROM: Donald Douglas, Administrative Assistant Senior Nutrition Program SUBJECT: FY 1992/1993 Senior Nutrition Program Lease Agreement Enclosed is your Riverside County Senior Nutrition Program FY 92/93 Lease Agreement for the period beginning July 1, 1992 and ending June 30, 1993. Included are three(3) additional copies of the signature page of the agreement to be signed, but not dated, by the authorized official of your organization. Please be sure to enter the title of the official signing the agreement. Retain the complete agreement for your files. When fully executed, a copy of the signature page will be returned to you. Please return the three(3) additional signature pages to: Senior Nutrition Program 2023 Chicago Ave., Suite B-4 Riverside, CA 92507 Should you have any questions, please call me at (714) 275-8940. DD/kl Enclosures George 1-8OO-40046 34 Toil Ft Cc I County Office ,;.4ntlsa nn trx,W90 Papal(' 1 2 3 4 5 6 7 8 9 10 11 2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LEASE (Straight Monthly Rent) CITY OF SAN JACINTO herein called Lessor, leases to the COUNTY OF RIVERSIDE, herein called County, the property described below upon the following terms and conditions: 1. Description. The premises leased hereby consist of the kitchen and dining facilities in the building located at 625 q_ Pico St., San Jacinto. CA 92383 , and consisting of approximately 1,700 square feet therein, as shown on Exhibit "A", attached hereto and by this reference made a part of this lease. 2. Use. (a) The leased premises shall be used to provide nutrition program for the elderly pursuant to the provisions of the Older Americans Act of 1965, as amended (42 United States Code, 3030e et seq.) and the rules and regulations promulgated hereunder. Specifically, the leased premises shall he used to prepare and serve nutritionally sound meals to the elderly and tc provide social and rehabilitative services on a daily basis during the term of the lease. (b) Except as provided in Paragraph 8 herein, County shall have the exclusive use of the leased premises between the hours of 10:00 a.m. and 2:00 p.m. on hay through Friday , inclusive, during the term of this lease. County shall have the use in common with others during said period of the restroors, hallways, entrances, parking spaces, and other similar facilities to and surrounding the, leased premises. 3. Term. The term of this lease shall commence July 1. 1992 and terminate June 30, 1993 , subject to the provisions of Paragraph 10 herein. 4. Rent. County shall pay the sum of $ 250.00 per month.to Lessor as rent for the leased premises, payable, in advance, on the first day of the month or as soon thereafter as a warrant can issue in the normal course of County's business. 5. Utilities. County shall provide and pay for tele- phone XXXXXXXXXXXXXXXXXXXXXXXXX services used in connection with the leased premises. Lessor shall provide and pay for all other utilities as may be required in the maintenance and operation of the leased premises. 6. Maintenance. (a) Subject to the provisions of Paragraph 6(b) and 11 herein, Lessor shall keep the leased premises in good and suitable condition for the uses contemplated herein, and in 1C0303502 - 1 1 2 3 4 compliance with Federal, State and local laws, ordinances, rules and regulations relating to fire, health and safety, and Lessor shall maintain the exterior and the interior of the leased premises, including, but not limited to, air conditioning equipment, heating equipment, plumbing, electrical wiring and fixtures, windows and structural parts, in good working condition and repair and in compliance with such laws, ordinances, rules and regulations. 5 (b) County shall keep the leased premises in a neat and sanitary condition, and in that connection, County shall 6 comply with the California Uniform Retail Food Facilities Law and the Health and Safety Code. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Improvements. (a) County shall have the privilege of undertaking any alterations, improvements or installation of fixtures as may be necessary to accommodate County's use of the leased premises; provided, however, that County shall have the prior written consent'. of Lessor after County has submitted plans for such improvements of fixtures to Lessor in writing. Such consent shall not be unreasonably withheld by Lessor. (b) All alterations, improvements and fixtures installed by County shall remain County property and may be removed by County at or prior to the expiration of this lease; provided, however, that such removal does not cause injury or damage to th leased premises, or in that event it does, the premises shall be restored. 8. Equipment and Supplies. County may store any equipment and supplies within the leased premises to accommodate County at any time during the term of this lease. All such equipment and supplies shall remain the sole property of County and shall be removed by County upon termination of this lease. 9. Insurance. Lessor shall procure and maintain during the term of this lease, fire insurance and extended coverage on the building in which the leased premises are located. Lessor shall provide County with satisfactory proof of such coverage in the fora prescribed by County. 10. Termination (a) Either party may terminate this lease upon 30 days written notice to the other party. (b) County shall have the option to terminate this lease if the leased premises are destroyed or damaged to the extent that they cannot be repaired within 30 days. If the damage can he 26 repaired within 30 days, it shall be the duty of Lessor to make such repair promptly, and during said period, the rent shall aba 27 pro rata as to any portion of the leased premises not usable to County. County reserves the right to determine what, if any, 28 portions of the leased premises are usable. 1C0303502 — 2 — 11. Hold Harmless. County shall hold Lessor harmless from bodily injury or property damage resulting from County's use of the leased premises and agrees to repair, replace or compensate 1 Lessor for any damage to said property occasioned by the negligence of County. 2 12. Notices. Any notices required or desired to be 3 served by either party upon the other shall he addressed to the (respective parties as set forth below: 4 ESSOR COUNTY 5 City of San Jacinto 6 (Name) P_fl Rnx 488 7 County of Riverside Office on Aging 2023 Chicago Ave., Suite B-4 Riverside, CA 92507 San ,lar-intn, CA 97583 8 (Address) or to such other addresses as from time to time shall be designated g by the respective parties. 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 13. Binding on Successors. The terms and conditions herein contained shall apply tc and hind the heirs, successors in interest, executors, administrators, representatives and assigns c all the parties hereto. 14. Entire Lease. This lease is intended by the parries hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions hereof and supersedes any and all prior and contemporaneous leases, agreements and understandings, oral or written, in connection therewith. This lease may be changed cr modified only upon the written consent of the parties hereto. Dated: ATTEST: City Clerk By City of San Jacinto (SEAL) Title COUNTY OF RIVERSIDE By Director, General Services Agency — 3 — -C6"Al (Cf-Usi 7-D TO: FROM: DATE: SUBJECT: STAFF REPORT Honorable Mayor and Members of the City Council Brian McNabb, Director of Community Development August 18, 1992 Request for Release of Bonds for Tract 22950-2 APPLICANT: California Ranch Homes RECOMMENDATION The performance bond and the labor/material bond were executed as one bond. Staff recommends that the Council reduce the following bond to 10 percent of its original value for the above referenced tract. 1. Tract 22950-2 (Labor/Material and Performance) Bond #3SM 720 943 00 Original Bond $257,054.00 Reduce to - $25705.00 Staff recommends that the Council release of the following bond for the above referenced tract as the monuments have been installed and inspected. 2. Tract 22950-2 (Subdivision Monument) Bond #3SM 720 944 00 for the amount of $1,500.00 Additionally, direct the City Clerk to notify the following agencies/individuals: 1. California Ranch Homes Development Company of Hemet 255 North Gilbert Street, Suite C-3 Hemet, CA 92343 2. Brown and Bacher P.O. Box 3479 Hemet CA 92546 BACKGROUND At this time, the public improvements for the above tracts are in good condition and staff is recommending holding the 10 percent for one year, retroactive to March 13, 1.992 as a warranty for improvements. The Subdivision Monuments have been installed and found to be in satisfactory condition by the Public Works Department. Respectfully Submitted, BRIAN MC NABB Director of Community Development CITY OF SAN JACINTO STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Brian Mc Nabb, Via Pam S. Easter DATE: August 12, 1992 SUBJECT: CHANGE ORDERS 1-6 ESPLANADE AVENUE PROJECT STAFF RECOMMENDATION: Approve Change Orders 1-6 to the Esplanade Avenue project contract with Floyd Johnston Construction . FISCAL IMPACT ANALYSIS Increase contract by $39,590.00 DISCUSSION Master public works construction jobs are not usually built exactly per plans and specifications because of field conditions that were unknownwhen the bid documents are prepared. Additionally, the City may request changes to the contract to meet its needs or to avoid future problems. Change Order No. 1 in the amount of $3,700.00 reflects the cost of connecting RAMA Corporation to the sewer. This was part of the agreement when we acquired the right-of-way in front of their property. The City Council has already authorized this expenditure. Change Order No. 2 for S15,660.00 is the cost of installing landscape conduit in the medians so the streets will not have to be cut or bored for the landscape contract. Change Order No. 3 in the amount of $2,550.00 was the cost to extend existing sewer laterals so they would not terminate under the street. Change Order No. 4 for $6,500.00 is for the removal of an abandoned concrete and steel pipeline that was conflicting with the paving operation. Change Order No. 5 for $4,420.00 reflects the cost to remove an existing storm drain lateral and replace it with a different shape pipe as the existing pipe was interfering with our new water line. Change Order No. 6 in the amount of $6,760.00 was the cost to stabilize poor soil in one area of the project. This work has been completed satisfactorily. Change Orders 1 thru 6 increase the contract from $1,446,407.00 to $1,485,997.00. Staff will evaluate the best sources of revenue to pay for these change orders. There are adequate funds set aside in the 1992-93 budget to pay for this project in Fund 96 (Redevelopment), Fund 47 (Water), and Fund 14 (Sewer), and Fund 22 (Measure A). Respectfully submitted, BRIAN MC NABB Director of Community Development AGENDA 'C. STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Brian McNabb, Director of Community Development via Pamela S. Easter, City Manager DATE: August 18, 1992 SUBJECT: Consent Agreement with Southern California Edison Company, relative to restricting trees to a maximum height of fifteen (15) feet on the northeast side of Mountain Avenue northwest of the Meridian Channel adjacent to the Mont Valier development (Tr. 24907) RECOMMENDATION Staff recommends that the City Council approve the Consent Agreement as it pertains to Item 7 therein and authorize the Mayor to execute the Agreement. BACKGROUND The City has received the attached Agreement from Southern California Edison Company related to the usage by Premier Homes of an Edison easement adjacent to Tract 24907, located as described above. The consent agreement addresses the street improvements, drainage, grading and block wall proposed within the Edison easement. Furthermore, the consent agreement contains a term (Term 7) to be executed by the City which restricts the street trees on the easement side of Mountain Avenue to maximum height of fifteen (15) feet. Staff has reviewed the proposal and feels that there are species of trees that can be planted in this area and kept to a maximum height of fifteen (15) feet. However, the species are limited and in some cases are not long lived. In essence, this proposal limits the City's landscape flexibility along Mountain Avenue. For your information, the underlying rationale behind this action is that there is a 115 kV overhead transmission line existing along Mountain Avenue in this location. Limiting the height of the trees precludes potential maintenance and/or interference problems between the trees and the overhead power lines. Respectfully Submitted, BR1AN MC NABB Director of Community Development Southern California Edison Company SUITE 210 430 NORTH VINEYARD AVENUE ONTARIO. CALIFORNIA 917E4-5405 EASTERN REGION LAND SERVICES DIVISION HEAL PROPERTIES AND ADMINISTRATIVE SERVICES Mr. Bryan McNabb City of San Jacinto 201 East Main Street San Jacinto, CA 92583 Dear Mr. McNabb: SUBJECT: Co, <.nt Agreement Visi.:-Mayberry 115kV T/L Old Mountain Avenue, NW of River Street Tract 24907 and Tract 24907-1 RP File No. 902065/677PL J.O. 8705 August 4, 1992 TELEPHONE FAX (714) 355-3345 Please find enclosed a recordable Consent Agreement which addresses the street improvements, on -site drainage, grading and "removable" block wall within Southern California Edison Company's existing easement at the above location. Premier Homes, the owners of Tract 24907 and Tract 24907-1, have already executed the consent agreement. We are requesting the City to sign this Consent Agreement for Item 7 only of the Agreement. The City of San Jacinto has accepted the offer of dedication for public use for street and public utility purposes on Tract 24907 and Tract 24907-1. Please have the Consent Agreement executed and notarized on behalf of the City and returned to me for further processing. Thank you for your cooperation in this matter. Should you have any questions, please call me at (714) 395-3352. Sincerel�yk_, L'? PEG I L.LABRUM REAL PROPERTIES AGENT pll Enclosure P. O. BOX 4l0 SPACE ABOVE THIS LINE FOR RECORDER'S USE �{XCATION: CIT% OF SA0 JN[11r0 A. P.0. 5�7~l3O~O�7 54?-l�0-O6O 547-130-062 S47-1_18~064 547-l3O-D68 CONSENTAGREEMENT SOUTHERN CALIFORNIA ED|SDNCOMPANY, acorporation, hereinafter referred in as "Edison", does U8r8Uy consent tOthe use Of the hereinafter described property for street improvements and landscaping purposes by PREMIER H[)k8ES. INC., hereinafter referred to8S"ConS8nt88". Said Real Property being inthe City cdSan Jacinto, County of RiVersid0. State of California, and described as fu||uwS: Lot "E"and the southerly six (8) feet of Lots 1 and 45throUgh 50. inclusive, of Tract No. 24907-1. as U|8d in Book 235. pages 90 and 91. and Lot "J" and the southerly nix (6) foot of Lots 1 through 8. inclusive, LO1S 47 through 49, inclusive. Lots 68 through 62. inclusive, and Lot 73. of Tract No. 24907. 8Sfiled in Book235. pages 97\hnough 100, inclusive, UoUl said Tracts being of Maps inthe Office of the County Recorder of Riverside County, as shown on the EXHIBIT "A" map attached hereto and by reference made a part hereof. This Consent isgranted subject tothe interest Edison acquired bvvirtue cdthat certain e@5enn9n1 from Acacia Financial Corporation to Southern California Edison Company, recorded On July 15, 1983. as Instrument No. 141879. and that certain easement from Hemet -Twenty Seven to Southern California Edison Company, recorded July 15, 1983. as Instrument No. 141696. both said |nS1[unn8nts of Official Records in the office of the County Recorder of said Cnunty, hereinafter referred to as Edison right of way. The foregoing consent ismade subject 8zthe following terms and conditions: 1. Consentee agrees that no structures or nhS1ructionS, inc|uding, but not limited to Uuildingo, p@tio6, concrete o|@Uo, swimming pools, storage sheds, fences and w@||5 (except as noted b9|uvv), barbecue pits and microwave or satellite diSh0S, will be constructed or installed within Edison's right of way easement. 2. Consnnbee agrees not to park, refuel, store or repair any vehicle or equipment within Edi3on'S right of vv8y easement, excluding driveways. Staging of equipment or materials will not be allowed on the right o( way. Consent Agreemeh. S.C.E. Co.. a corp. to Premier Homes, Inc, Serial No. 2 ) 3. Consentee agrees not to store any flammable material within Edison's right of way easement. 4. Edison shall have full unobstructed access to its facilities within Edison's right of way easement. Owner agrees that at no time will there be any interference with the free movement of Edison's equipment and material within Edison's right of way easement. Should the need arise, Edison has the right to have the removable block wall, along the southerly lot lines of the above described Lots, removed during construction of new facilities or maintenance of existing facilities. 5. All equipment working on the right of way must maintain a minimum clearance of thirteen (13) feet from all overhead conductors. 6. Consentee agrees that final plans, including landscape plans, shall be submitted to the Regional Manager, Southern California Edison Company, 430 North Vineyard Avenue, Suite 210, Ontario, CA 91764, for review and approval at least sixty (60) days prior to commencement of any construction affecting the Edison right of way. 7. Any trees or plants within the right of way easement shall not exceed a height of fifteen (15) feet. Once the additional street and landscape dedications are approved and accepted by the City of San Jacinto, all maintenance shall be the responsibility of the City of San Jacinto through the Landscape Maintenance District. 8. Consentee agrees that any underground facilities installed on the right of way shall have a minimum cover of three feet and shall be capable of withstanding a gross load of forty (40) tons on a three axle truck. 9. Consentee agrees that no additional structures or development will be constructed within Edison's right of way easement area without securing Edison's prior written consent, excepting that certain proposed six (6) foot high "removable block wall" as shown on said "EXHIBIT A" map, and as previously agreed upon by Edison, the Consentee and the City of San Jacinto. 10. Consentee agrees that because the improvement of Mountain Avenue is needed to provide proper pedestrian, as well as vehicular flow, sidewalks. curbs, and gutters shall be installed, as required by the City of San Jacinto, at no expense to the Edison Company. 11. In the event Edison shali so require the removai of any encroachment deemed by Edison to be in violation of this agreement, Consentee agrees to remove the same at Consentee's expense, within sixty (60) days after receiving written notice from Edison so to do. Should Consentee fail to so remove said encroachment, or such part thereof as may be specified in said notice, within said period of sixty (60) days, Edison may forthwith remove said encroachment, or such part thereof as may be specified in said notice, at the expense and risk of Consentee, which expense Consentee agrees to pay to Edison upon demand, together with the lesser of ten (10) percent interest, or the maximum allowed by law, from the date of expenditure by Edison. 12. Consentee recognizes the easement rights of Edison in and to said Real Property, and agrees never to assail or resist such rights. 13. Consentee agrees to indemnify and save harmless Edison from and against any loss, damage, liability, cost, charge, or expense arising from the death of or injury to any persons or from damage to any property by reason of the maintenance, operation, use or presence of any encroachments in violation of this agreement. Consent Agreement 3.C.E.Co, aoorD. to Premier Homes, Inc. Serial No. (3> 14. Should any damage result to Said "removable block wa|[" caused by Ecb3nn facilities or employees, all expenses shall be borne by the property owners. 15. Due to the operation and maintenance of the subject transmission |in8, including the washing of insulators, the Southern California Edison Company will be held harmless from any claims or damage resulting from said operation, except to the 8xiVn1 such damage arises from the negligence of Edison. 16. CpnSnn\en agrees that reference to 1hiS agreement will be included in any instrument conveying real property rights affecting the herainbefore described real property. This consent should not be construed as a subordination of EdiSon's righ\S, title and interest in and 1nits easement, nor should this consent b8 construed 83 uwaiver of any of the provisions contained in said easement or n waiver of any costs of r8|nCahnn of adleC|edhaci|itieo. Un|83S expressly provided 8|58whVr8 heroin to the contrary, the terms, covenants and conditions nfthis Consent shall inure to the benefit cd and are binding upon the hVirs, successors, representatives and assigns of the parties hereto. The use of the neuter gender herein will, when appropriate, be construed to mean either the nl8Sou|ine or feminine gender o[both. The foregoing Consent isgiven only to the extent nfEdison'Sinterest inthe real property hgrginbgforg described. If the ConsentVe is not the owner of Said r88| property, the Consentee is responsible for obtaining the necessary permission of rights from the lawful owner of said real property. IN WITNESS WHEREOF, said Southern California Edison Company has caused this SOUTHERN CAUFORNIA EDISON COMPANY By C. S.BR[X]KS Regional Manager Real PoJp9rtieSand Administrative Services LN.C.PROPERTIES, LTD`NO. 23. 8 California limited partnership By: PAEyW|ER,HOM INC. a Ca|ihxfini8 c�`roora1inn / / � B� /^/ Consent Agreement S.C.E. Co., a corp. to Premier Homes, Inc. Serial No. ( 4 ) CITY CF SAN JACINTO(Acceptance and approval of "Item 7" Only) By STATE OF CAUFORNIA ) ss. COUNTY OF SAN BERNARDINO On / 19 , before me, a Notary Public in and for said Slate, personally appeared C. S. Brooks, personally known to me p to be a Regional Manager of the Land Services Division CA, Real Properties and Administrative Services of Southern California Edison Company, the corporation that executed the within instrument, and personally known to me (ui proved to nie on the basis uf satisfactory avidaiir,p) to be the person who executed the within instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same pursuant to its by-laws or a resolution of its board of directors. < WITNESS my hand and official seal. 7-) STATE OF CALIFORNIA ss. COUNTY OF On personally appeared 0 "Wee rae of (...DARAno S OFFICIALSEA L MOANA G SMITH NOTARY PUPLIC - 04.LIFCITZNA SAM BERN'ARDINO COUNTY ') My COMM. expires MAY 29, 1993 before me, a Notary Public in and for said State, known lo me or prioxi.P4d to to be the President, -and Secretary, of PREMIER HOMES, INC., a California corporation, the corporation that executed the within instrument on behalf of said corporation, said corporation beina known to me to be the general partner of L. N. C. PROPERTIES, LTD., NO. 23, a California limited partnership, the limited partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such general partner and that such limited partnership executed the same. WITNESS)-1 y hand and offici OFFICIAL SEAL LESLEY H. GICER NOTARY PUBLIC • CAI iFORN,A PRINCIPAL OFFICE IN SAN BERNARDINO CoLIIi;y My Commission Ea Fen. ;. 1.493 usesseloom Consent Agreement S.C.E. Co., a corp. to Premier Homes, Inc. Serial No. STATE OF CALJFCRNIA COUNTY OF ss. 5 On this day of , 19 before me, a Notary Public in and for said State, personally appeared and known to me (or proved to me on the basis of satisfactory evidence) to be the , and respectively, of the CITY OF SAN JACINTO the municipal corporation that executed the within instrument and acknowledged to me that they executed the same on behalf of the municipal corporation WITNESS my hand and official seai. 91 47' I ' z 6 620 OT I_OT 47,/ C 9' 11'1C; 254 (70 2.74 IN 15 'I )3 9(14 l' IST ' 4 6.45, 5195.9E3 lA =3 PORTION OF LOTS 23, 24 AND 25 OF' H. J. HE-virra pLAT OF SAN JACINTO M. 13. 8/386, SAN DIEGO CO. RECORDS AEI I. 24 fq. a. \ \LOT LOT 49 LOT 00 / 1,4")1P..FiE.N 23 E:O.E.PLE OGY, WE.' 17. - 90 T 4 5 / \ ITT LOT 62 LOT 73 LOT 1 EXISTING 20' WIDE SCE CO, T/L R/W IN LOTS 24 & 25 PER INST NO. 141679, RECORDED 7-15- 83 60MOVE..0 LE RI 00( WEIL LOT 5 , f" i t , - MOU11TATI [ i i I 1 II,-•IIIII ITIP>. , . r--11.A1-1DS oo PREI.IICIR 1 10fIES. 440. P77-7..7 1201,1CF11T EVENT AREA "/7 - 9SAING 20• VADE SCE CO. TA_ P5'W IN 1919 24 Az 25 PER II152 90 14; 671, ' 3F4501.DE.9 7 15 ES (71 '511' 0 ,$)44.1,7'-1 n LOT 50 I OCTI w nz 94' 49 47' 0 < o 'ft -7FEAC I PGUNGEPI AVE. I I / 4./ ▪ 1.xx 7.4 25 LOT 100 AVE. 209 SCALE N FEE.1 PROJECT GAME: VISTA - I.P.XBERRY 115KV T/L R/W 110. 8'7'05 ADDIS. I.D. 02.98E ENG. MPG. TECEINICAN: LEE E 04RBERG ANALYST: P. VAN EKRIS CITY: SAN JACINTO T.G.: 57:14T R/P FILE NO. 902085/677DM AGENT: MARION IS'AIXINS COW4-IY: RIVERSIDE STATE: —CA MAP & REF: RS 75/34-40; RS 33/48-62; ST, RAP. PLANS FOR TR. 24907 & 24907-1 (UNRECORDED) SURVEY: I M.S. 044-109 ..."-° 5Duthern California Edison Company DA' : JUNE 18, 1991 ISEREEL: File Nero: MOO:PAIN THOMAS M- COX JAMES A. COX BEVERLY H. CAMPER August 12, 1992 COX, COX & CAMPER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 805 EAST FLORIDA AVENUE HEMET, CALIFORNIA 92543 To: Mayor and Members of the City Council From: James Cox Re: Foreclosure Assessment District 87-1 TELEPHONE AREA CODE 714 652-1400 FAX (714) 652-3990 RECOMMENDATION: Adopt Resolution No. entitled: A RESOLUTION OF THE CITY COUNCIL OF SAN JACINTO APPROVING AND AUTHORIZING EXECU- TION OF AN AGREEMENT TO PROVIDE PROCEEDS OR TITLE FROM A FORECLOSURE ACTION WITHIN ASSESSMENT DISTRICT NO. 87-1 BY AND BETWEEN THE CITY OF SAN JACINTO AND PALOS VERDES INVESTMENT CORPORATION. Enclosed is a copy of the Resolution and agreement prepared by Robert Owen, the city's special council hired to perform the assessment foreclosure in Assessment District 87-1.. As you are aware, the foreclosure action authorized by this counsel for commencement over 18 months ago has been delayed due to the filing of bankrupcy by the last two record title holders to the property. Recent actions in the Bankruptcy Court have cleared the way for the foreclosure action to proceed. During the last 18 months, the City has had to advance monies in order to pay the interest payments to bondholders which fell due. Another bond interest payment will be due the first week in September. Our attorney has filed and served the foreclosure lawsuit. He esti- mates that it will take approximately six more months to complete the foreclosure and, hopefully conduct a successful sale of the property to receive our funds. In the meantime, the City would be required to either default on the bonds, or to advance additional bond interest payments pending the foreclosure sale. The Palos Verdes Investment Corporation has business interests in the land in and around this Assessment District. They have offered to pay all of the currently due assessments, penalties, interest and fees, in exchange for the City's assignment to them of the right to receive the amounts collected in the lawsuit or to obtain title should the matter go to a foreclosure sale. The agreement requires PVIC to protect the City's interest in assessments that may fall due between this assignment and completion of the foreclo- sure. Mayor and City Council August 12, 1992 Re: 87-1 Foreclosure Page two Although the City will remain the plaintiff of record in the foreclosure action, control of the litigation will be turned over to the attorneys for PVIC. PVIC will also pay for the future expenses related to the litigation. Any risk to the City or the bondholders is minimized by the agreements and covenants of PVIC to pursue the matter diligently and in good faith to a conclusion. The City has further reserved a right to revoke the assignment in the event the matter is not diligently pursued by PVIC. By the terms of the agreement, PVIC is required to seek, recover and pay to the City any future assessments that may fall due during the pendency of the foreclosure. Their obligation to pay does not arise until the foreclosure action is completed, settled, or the property sold by order of the Court. Because of this, and should the assignment payment by PVIC be insufficient to replenish the bond interest reserve account, the City may have to advance additional sums as bond interest payments fall due. I anticipate that the reserve account will be sufficiently funded so that further advances will not be necessary in the forseeable future. I will be happy to answer any questions. Sincerely, James A. Cox 1 2 3 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2 AGREEMENT TO ASSIGN AND ASSIGNMENT BY AND AMONG THE CITY OF SAN JACINTO AND PALOS VERDES INVESTMENT CORPORATION THIS AGREEMENT ("Agreement") is made and entered into on this the day of , 1992 by and among CITY OF SAN JACINTO ('City'') and PALOS VERDES INVESTMENT CORPORATION ("PVIC"). RECITALS WHEREAS, the City is a general law city formed and existing under and pursuant to the laws and Constitution of the State of California; and WHEREAS, PVIC is a California Corporation, formed and existing under and pursuant o the Constitution and laws of the State of California; and WHEREAS, on March 17, 1987 the City adopted Resolution No. 1683 which ordered the construction of certain public works of improvement together with appurtenances and appurtenant work within an assessment district formed and existing under the Municipal Improvement Act of 1913, being Assessment District No. 87-1 of the City of San Jacinto ("District"); and WHEREAS, assessments against the property benefitted by the work were confirmed by the City on March 17, 1987 and a Notice of Assessment was duly filed in the Office of The 1 EXHIBIT "A" 2 3 5 6 7 County Recorder of the County of Riverside; and WHEREAS, on March 19, 1987. improvement bonds in the total amount of $1,450,000 were issued under the Improvement Bond Act of 1915, such bonds being generally known as "Improvement Bonds of the City of San Jacinto, California, Assessment District No. 87-1, Series 1987A, County of Riverside, State of California" ("Bonds"); and 8 9 WHEREAS, the improvements financed by the Bonds have been constructed and the 10 work authorized by the City has been performed and warrants to pay the cost of the work were 11 duly given and made, the last such warrant being given and made on March 4, 1992; and 12 13 1 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, Property Mortgage Company, Incorporated, a California Corporatic ("PMC") is currently the record owner of certain real property situated in the District, such property being identified as Riverside County Assessor's Parcel Numbers 433-160-024-1, 433- 160-027-4, 433-160-028-5, 433-160-029-6, 433-160-032-8, 433-160-033-9. 433-160-034-0, 433-160-035-1 and 433-160-039-5 and further legally described on Exhibit "A" attached hereto and incorporated herein by this reference ("Property"); and WHEREAS, PMC's obligation to make installment payments on the assessments is secured by a lien against the Property in the total amount of $1,004,732.83; and the lien may be foreclosed by the City in the event of delinquency pursuant to the provisions of California Streets and Highways Code Sections 8830 et seq.; and 2 1 WHEREAS, installments of the special assessments outstanding against the above- 2 described Property became delinquent on the dates shown in the following table and such 3 delinquencies have not been paid: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Date(s) of Delinquency December 10 April 10 December 10 April 10 December 10 April 10 Tax Year 1989 1990 1990 1991 1991 1992 Principal Amounts $53,896.90 53,896.90 54,525.88 54,525.88 58,364.72 58,364.72 TOTAL: $ 333 575.20 The amounts set forth above are for the tax years indicated and do not include any of the following: A. Interest, penalties, costs, fees and other charges accruing from the date of delinquency to the date of hearing on the delinquent installment amounts; and B. The amount, if any, of delinquent installment amounts for tax years or installment due dates following the date of the above -referenced delinquencies. and the interest, penalties, costs, fees and other charges pertaining thereto; and WHEREAS, the City has ordered that an action be brought in the Superior Court to foreclose the assessment liens against the Property; and WHEREAS, in furtherance thereof a Summons and Complaint in Foreclosure, a Notice of Pending Action, Certificate of Assignment and Declaration of Service By Mail of the Notice 3 1 of Pendency of Action was filed in the Superior Court of Riverside County on July 16, 1992 2 ("Foreclosure Action"); and 3 41 WHEREAS, the aforementioned documents were duly served on PMC pursuant to Code 5 of Civil Procedure Section 415.20(a) on July 30, 1992; and 6 7 8 WHEREAS, PVIC is interested in acquiring from the City the right to, and assignment 9 of, the amounts received in settlement thereof or, in the alternative, title to the above -described 10 Property in the event the Foreclosure Action proceeds to sale; and 11 12 WHEREAS, in consideration thereof, it is the express intention and desire of PVIC to 13 14 advance funds to the City in an amount equal to the currently delinquent assessments, fees,.. 15 interest and penalties due and owing on the Property as of the date that this Agreement is 16 executed; and 17 18 WHEREAS, both the City and PVIC acknowledge and agree that assessment 19 installments on the Property within the District that are not yet currently due, will continue to 20 21 come due in the future without being affected by this Agreement, and that the lien of unpaid 22 assessments shall remain on the Property for such installments notwithstanding this Agreement; 23 and 24 25 WHEREAS, the City, and in particular the City Council thereof, believe that it is in the 26 27 4 28 1 I best interests of the City to enter into this agreement with PVIC in order to more expeditiously 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 receive the delinquent assessment amounts due and owing and all applicable penalties, interest, fees and costs on said Property. NOW, THEREFORE, in consideration of the foregoing, and for their mutual advantage, the City and PVIC (the "Parties"), agree as follows: COVENANTS 1. CONDITIONS OF ASSIGNMENT. A. Contingent upon the execution of this Agreement by the Parties and the payment by PVIC, of the sum of $462, 854.10; said sum being the amount now due and owing in delinquent assessments, penalties, interest, fees and costs on said Property as of the close of the last day of August, 1992 as shown on Exhibit "B" attached hereto and incorporated herein by this reference, and upon the actual receipt of this sum by the City concomitant with the execution of this Agreement and an Acceptance of Assignment of a form as set forth in Exhibit "C", attached hereto and incorporated herein by this reference, the City agrees to, and hereby does, assign, grant, transfer and convey its right, interest and title to any and all proceeds arising from a judgment in, or settlement of, the Foreclosure Action representing the amounts currently due and owing the City in delinquent assessments, penalties, interest, fees (including attorneys fees) and costs on said property and parcels. B. In the alternative, and in lieu of the rights to the proceeds arising from the judgment in, or settlement of, the Foreclosure Action, in the event that the foreclosure action heretofore 5 1 mentioned results in the sale of the Property previously identified, and presently owned b" 2 j PMC, the City agrees to, and hereby does, assign its right, grant, transfer and convey title and 3 interest in said Property to PVIC. 4 C. The City agrees to further transfer funds or title obtained as a result of the Foreclosure Action if, for any reason, the City rather than PVIC receives the benefit from the Foreclosure 6 Action. 8 D. The City further agrees to remain a party to the Foreclosure Action. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E. The City agrees to take such action as may be necessary to approve or ratify any and all actions of PVIC in pursuing the Foreclosure Action on behalf of the City, including the retention of Counsel for such purposes. 2. PAYMENT OF FUTURE ASSESSMENT INSTALLMENTS The parties acknowledge and agree to the following provisions in the event that the PMC does not make timely payments of future assessment installments beginning with the assessment installment which will become delinquent, if not paid, on December 10, 1992; A. As further specified in subparagraph D hereof, PVIC shall be entitled to include in any request for judgement or demand for settlement all such future installments which are delinquent and remain unpaid as of the date of settlement or sale of the Property. B. Upon settlement of the Foreclosure Action or upon the sale of the Property as a result of, or in connection with, the Foreclosure Action, PVIC agrees to pay to City all delinquent principal, penalties and interest due on account of any such future delinquencies 6 1 which are not paid to the City prior to the settlement of, or sale of the Property as a result of 2 or in connection with the Foreclosure Action. Such amount shall be paid within ten days of 3 any such settlement, be it a full or partial settlement, or sale. In the event that such amounts 4 5 are not paid by PVIC as provided for in this paragraph, such amounts shall accrue interest at 6 the same rate and in the same manner as set forth in State law for the delinquent assessments. 7 C. The Parties recognize and agree that the City is under an obligation, pursuant 8 to its Resolution No. 1686, to pursue, as a covenant in favor of the holders of the bonds, the 9 Foreclosure Action to completion with due diligence. PVIC agrees that from and after the 10 effective date of this Agreement, it will pursue the Foreclosure Action to completion with due 11 diligence. In the event that the City is held liable or otherwise suffers any injury or damage 12 as a result of, or relating to, PVIC's failure to proceed from and after the date of this 13 14 Agreement with the Foreclosure Action, then PVIC agrees to defend, hold harmless, and 15 indemnify the City, its officers, employees, agents, and representatives from and against any 16 such liability, injury, or damages. 17 D. City agrees that PVIC may include, as part of the Foreclosure Action, all future 18 delinquencies which are to be paid to the City pursuant to this Agreement. Such amounts may 19 be included in any such judgement pursuant to California Streets and Highways Code Section 20 21 8830, Subdivision (c). PVIC agrees not to fully settle the Foreclosure Action until and unless 22 such additional delinquent installments, along with all applicable penalties and interest, are paid 23 concurrently with the settlement. In the event that the Foreclosure Action proceeds to 24 judgement and the Property is sold, and the amount of the judgement does not include any such 25 subsequent delinquencies, then City shall retain the right to proceed against the then owner of 26 27 7 28 2 3 4 5 6 the Property and PVIC shall not be required to pay such amount, including interest and penalties, to the City. INCLUSION OF ATTORNEYS FEES AND COSTS A. The Parties acknowledge and agree that the amount being paid by PVIC to the City as 8 set forth in paragraph 1 of this Agreement, includes, without limitation, attorneys fees and costs 9 incurred by the City to date as further specified on Exhibit "B" hereto. In the event that PVIC 10 receives an amount of money from PMC, or any subsequent owner of the Property, in partial 11 or full settlement of the Foreclosure Action, PVIC agrees to demand, as part of such 12 settlement, payment of all such attorneys fees and costs, as well as any additional fees or costs 13 14 incurred hereinafter by PVIC which it desires to collect. The Parties acknowledge that such 15 fees and costs are entitled to collection pursuant to California Streets and Highways Code 16 Section 8831. In the event that the Foreclosure Action is settled without the payment of such 17 attorneys fees and costs heretofore incurred, the City shall he under no obligation to refund all 18 or any portion of such fees to PVIC. 19 B. In the event that the Foreclosure Action proceeds to a sale of the Property and the 20 21 judgement of the Superior Court in the Foreclosure Action does not include all of the attorneys 22 fees heretofore incurred, then the City, in that event, agrees to refund to PVIC ninety percent 23 (90%) of any such attorneys fees and costs which are excluded in the judgment. 24 /// 26 27 8 28 2 3 4 5 4. DUE DILIGENCE A. The City agrees to a substitution of Counsel in this action to a law firm selected by PVIC and mutually acceptable to both PVIC and the City. B. Said substituted counsel shall exercise due diligence in performing all legal services 6 7 necessary to complete the Foreclosure Action. Upon the failure of said counsel to exercise such 8 due diligence in the timely prosecution of this action, the City reserves the right to terminate 9 this Assignment. Any express or implied failure to exercise this right at any one or more time 10 shall not constitute a waiver thereof. 11 C. If the City elects to terminate this Assignment under the terms of this section, said 12 termination shall be deemed effective upon the posting of a certified letter, with postage thereon 13 14 fully prepaid, in the United States Mail, addressed both to said counsel and to PVIC at the 15 address of their respective last known principal places of business. 16 5. EXCULPATORY CLAUSE 17 PVIC agrees that it will indemnify, save harmless and defend the City, its officers, 18 officials, agents and employees from and against any and all liability from or relating to loss, 19 damage or injury in any manner whatsoever arising out of or incident to the performance of 20 21 this Agreement by PVIC, its officers, employees or agents, without limitation, all consequential 22 damages, provided that any such liability, damage or injury results from acts att, ibutable to 23 PVIC which were negligent, grossly negligent, willful or malicious wrongs. 24 6. DISCLAIMER 25 The City, in entering into this Agreement and subsequent Assignment, makes no 26 27 9 28 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 wan-anr%i, either express or implied, that it enjoys the right, power or privilege under operadv iaw of the State of California, to enter into this Agreement. 7. PRIOR AND SUBSEQUENT ASSIGNMENTS There are no other assignments extant in connection with the above -described transaction to which this Agreement relates. Any attempt or purported attempt to assign or re -assign the rights and duties conferred upon PVIC shall not be permitted without the prior written consent of the City. Said consent by the City shall not be unreasonably withheld. 8. ATTORNEY FEES If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of the Agreement, the prevailing party shall be entitled to reasonable attorney fees, which may be set by the Court in the same action or in a separate action brought for that purpose, in addition to any other relief to which the Parties may bP entitled. 9. GOVERNING LAW The laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and shall also govern the interpretation of this Agreement. 10. ENTIRETY OF THE AGREEMENT A. This Agreement constitutes the entire understanding and agreement among the Parties and supersedes all previous negotiations among them pertaining the subject matter hereof. Each party to this Agreement has had the opportunity to be advised by counsel of its own choosing and in entering into this Agreement is relying upon its own investigation and evaluation and not 10 1 2 3 4 5 6 upon any representations by any other party. The payment herein provided constitutes a full, complete, fair and equitable consideration for the subject of this Assignment. Each of the Parties Agree that they shall not file or pursue any lawsuit attacking or otherwise questioning the validity of this Agreement. B. This Agreement shall not be changed or modified except by written agreement of the 7 Parties. Any such written modification shall be signed by all of the parties hereto and 8 appended as an additional exhibit to this Agreement. 9 IN WITNESS WHEREOF, the Parties have caused this agreement to be executed as of 10 the date first hereinahove written. 11 111 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 11 28 1 2 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PALOS VERDES INVESTMENT CORPORATION a California Corporation By: Title: APPROVED AS TO FORM AND CONTENT: By: Attorney for Palos Verdes Investment Corporation A I I EST: By: Tide: Palos Verdes Investment Company (All PVIC signatures to contain appropriate Notarization) 'ITY OF SAN JACINTO By: Mayor, City of San Jacinto APPROVED AS TO FORM AND CON I hNT: By: City Attorney, City of San Jacinto 12 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: By: City Clerk, City of San Jacinto 13 EXHIBIT "A" THE LAND REFERRED TO IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE AND IS DE -SCRIBED AS FOLLOWS: Parcel 1, 2, 3, 5, 6, 8 & 9, of Parcel Map 20795 in the City of San Jacinto as per Map Recorded in Book 131, Pages 60-63 of Parcel Maps in the Office of the County Recorder of said County. EXCEPTING therefrom those portions conveyed to the City of San Jacinto by Document Recorded March 19th, 1987 of Instrument 74702, Official Records. 433-1600-326 Principal 1989-90 1990-91 1991-92 $7,980.76 $8,092.96 $8,961.90 $25,035.62 433-1600-339 Principal 1989-90 1990-91 1991-92 $18,148.26 $18,394.76 $19,710.60 $56,253.62 433-1600-351 Principal 1989-90 1990-91 1991-92 $22,812.16 $23,122.93 $24,758.80 $70,693.91 433-1600-241 Principal 1989-90 1990-91 1991-92 $6,244.24 $6,332.52 $6,539.90 $19,116.66 433-1500-274 Principal 1989-90 1990-91 1991-92 $7,960.76 $6,092.96 $8,422.70 524,496.42 433-1600-340 Principal 1989-90 1990-91 1991-92 $6,405.04 $6,495.52 $7,152.70 $20,053.26 433-1600-285 Principal 1989-90 1990-91 1991-92 $6,244.24 $6,332.52 $6,964.20 519,540.96 433-1600-296 Principal 1989-90 1990-91 1991-92 $6,405.02 $5,495.54 $6,764.10 $19,664.66 433-1600-395 Principal 1989-90 1990-91 1991-92 Total. Total Total Total $25,573.30 $25,692.06 $27,455.00 $78,720.36 Principal 1989-90 Principal 1990-91 Principal 1991-92 principal Total Delinquency; Breakdown for San Jacinto Delinquent PHC Parcels Penalties $798.08 $809.30 $448.09 $2,055.47 Penalties $1,814.83 $1,839.48 $985.53 $4,639.84 Penalties $2,261.22 52,312.29 $1,237.94 $5,831.45 Penalties $624.42 $633.25 $326.99 $1,584.66 Penalties $798.06 $809.30 $421.13 $2,025.51 Penalties $640.50 $649.55 5357.63 $1,647.68 Penalties 5624.42 5633.25 5348.21 $1,605.88 Penalties 5640.50 $649.55 $338.21 $1,628.26 Penalties $2,557.33 $2,569.21 $1,372.75 $6,499.29 $107,793.20 $109,051.77 $116,729.90 $333,575.47 $427,787.92 Interest $3,112.50 $1,699.52 $134.43' $4,946.45 Interest $7,077.82 $3,862.90 $295.66 511,236.38 Interest 58,896.75 $4,855.82 5371.38 $14,123.95 Interest $2,435.25 $1,329.83 $98.10 $3,863.18 Interest $3,112.50 51,699.52 $126.34 $4,938.36 Interest $2,497.97 $1,364.06 $107.29 $5,969.32 Interest $2,435.25 $1,329.63 $104.46 $3,869.54 Interest $2,497.96 $1,364.06 $101.46 53,963.48 Interest $9,973.59 $5,395.33 '-.$411.83 $15`;780.75 Penalty-89-90 Penalty 90-91 Penalty 91-92 Total Penalties Page 1 of EXHIBIT nBu Total Delinquency 511,691.34 $10,601.78 59,544.42 $32,037.54 Total Delinquency $27,040.91 $24,097.14 $20,991.79 $72,129.84 Total Delinquency $33,990.15 $30,291.04 $26,368.12 $90,649.31 Total Delinquency $9,303.91 $8,295.60 $6,964.99 $24,564.50 Total Delinquency $11,891.34 $10,601.78 58,970.17 $31,463.29 Total Delinquency $9,543.51 $8,509.13 $7,617.62 $25,570.26 Total Delinquency 59,303.91 $8,295.60 $7,416.87 $25,016.38 Total Delinquency $9,543.48 $8,509.15 $7,203.77 $25,256.40 Total Delinquency 538,104.22 $33,656.60 $29,239.58 $101,000.40 $10,779.38 Int. 89-90 $10,905.18 Int. 90-91 $5,836.48 Int. 91-92 $27,521.04 Total Int. $42,039.5E $22,900.8; $1,750.91 566,691.4: EXHIBIT "B" Breakdown for San Jacinto Delinquent PMC Parcels Fees & Costs, Page 2 RALPH GIBSON PAGTER, BANKRUPTCY ATTORNEY Total Fees: $25,560.29 ROBERT A. OWEN, SPECIAL COUNSEL Total Hours: Del. Letters: Total Fees: 62 X $135 $8,370.00 7 X $150 $1,050.00 $9,420.00 E-TICKET EXPRESS COURIER SERVICE Service of Process: $85.80 TOTAL FEES & COSTS: $35,066.10 TOTAL AMOUNT TO REINSTATE: $462,854.10 • EXHIBIT "C" FORM OF ACCEPTANCE OF ASSIGNMENT Palos Verdes Investment Corporation, a California Corporation, hereby accepts, through its execution hereof, the assignment, grant, transfer and conveyance of the City of San Jacinto's right, title and interest in and to the proceeds to be received from, in settlement of, the "Foreclosure Action" or, in lieu thereof, title to the real Property which is the subject of the "Foreclosure Action", as that term is defined in the Agreement to Assign and Assignment by and among the City of San Jacinto and Palos Verdes Investment Corporation, dated August _, 1992, and agrees to assume and perform all duties and obligations to be performed hy the City of San Jacinto to the same extent as if it had been an original party to the "Foreclosure Action". Dated: Palos Verdes Investment Corporation By: Title: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT TO PROVIDE PROCEEDS OR TITLE FROM A FORECLOSURE ACTION WITHIN ASSESSMENT DISTRICT NO. 87-1 BY AND BETWEEN THE CITY OF SAN JACINTO AND PALOS VERDES INVESTMENT CORPORATION WHEREAS, the City is a general law city formed and existing under and pursuant to the laws and Constitution of the State of California; and WHEREAS, PVIC is a California Corporation, formed and existing under and pursuant to the Constitution and laws of the State of California; and WHEREAS, on March 17, 1987 the City adopted Resolution No. 1683 which ordered the construction of certain public works of improvement together with appurtenances and appurtenant work within an assessment district formed and existing under the Municipal Improvement Act of 1913, being Assessment District No. 87-1 of the City of San Jacinto ("District"); and WHEREAS, assessments against the property benefitted by the work were confirm, by the City on March 17, 1987 and a Notice of Assessment was duly tiled in the Office of The County Recorder of the County of Riverside; and WHEREAS, on March 19, 1987, improvement bonds in the total amount of $1,450,000 were issued under the Improvement Bond Act of 1915, such bonds being generally known as "Improvement Bonds of the City of San Jacinto, California, Assessment District No. 87-1, Series 1987A, County of Riverside, State of California" ("Bonds"); and WHEREAS, the improvements financed by the Bonds have been constructed and the work authorized by the City has been performed and warrants to pay the cost of the work were duly given and made, the last such warrant being given and made on March 4, 1992; and WHEREAS, Property Mortgage Company, Incorporated, a California Corporation ("PMC") is currently the record owner of certain real property situated in the District, such property being identified as Riverside County Assessor's Parcel Numbers 433-160-024-1, 433- 160-027-4, 433-160-028-5, 433-160-029-6, 433-160-032-8, 433-160-033-9, 433-160-034-0, 433-160-035-1 and 433-160-039-5; and WHEREAS, PMC's obligation to make installment payments on the assessments is secured by a lien against the Property in the total amount of $1,004,732.83; and the lien may be foreclosed by the City in the event of delinquency pursuant to the provisions of Californ=` 27 Streets and Highways Code Sections 8830 er seq.; and 28 2 3 4 he foreclosed by the City in the event of delinquency pursuant to the provisions of California Streets and Highways Code Sections 8830 et seq.; and WHEREAS, installments of the special assessments outstanding against the above - described Property became delinquent on the dates shown in the following table and such delinquencies have not been paid: 5 (f Date(s) of Delinquency December 10 7 April 10 December ] 0 8 April 10 December 10 9 April 10 6 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 23 The amounts Tax Year 1989 1990 1990 1991 1991 1992 Principal Amounts $53,896.90 53,896.90 54,525.88 54,525.88 58,364.72 58,364.72 TOTAL: S 333,575.20 set forth above are for the tax years indicated and do not include any of the following: A. Interest, penalties, costs, fees and other charges accruing from the date of delinquency to the date of hearing on the delinquent installment amounts; and B. The amount, if any, of delinquent installment amounts for tax years or installment due dates following the date of the above -referenced delinquencies, and the interest, penalties, costs, fees and other charges pertaining thereto; and WHEREAS, the City has ordered that an action be brought in the Superior Court to foreclose the assessment liens against the Property; and WHEREAS, in furtherance thereof a Summons and Complaint in Foreclosure, a Notice of Pending Action, Certificate of Assignment and Declaration of Service By Mail of the Notice of Pendency of Action was filed in the Superior Court of Riverside County on July 16, 1992 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the aforementioned documents were duly served on PMC pursuant to Code of Civil Procedure Section 415.20(a) on July 30, 1992; and 1 ("Foreclosure Action'); and 2 3 4 5 6 7 WHEREAS, PVIC is interested in acquiring from the City the right to, and assignment 8 of, the amounts received in settlement thereof or, in the alternative, title to the above -described Property in the event the Foreclosure Action proceeds to sale; and WHEREAS, in consideration thereof, it is the express intention and desire of PVIC to advance funds to the City in an amount equal to the currently delinquent assessments, fees, interest and penalties due and owing on the Property as of the date that the attached Agreemen* is executed; and WHEREAS, both the City and PVIC acknowledge and agree that assessment installments on the Property within the District that are not yet currently due, will continue to come due in the future without being affected by this Agreement, and that the lien of unpaid assessments shall remain on the Property for such installments notwithstanding this Agreement; and WHEREAS, the City, and in particular the City Council thereof, believe that it is in the best interests of the City to enter into this agreement with PVIC in order to more expeditiously 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 receive the delinquent assessment amounts due and owing and all applicable penalties, interest, fees and costs on said Property. WHEREAS, the Agreement attached hereto as Exhibit "A" and incorporated herein by this reference has been prepared to effectuate the intentions of the City and PVIC as set forth above. NOW, THEREFORE, the City Council of the City of San Jacinto hereby finds, determines, and resolves as follows: Section 1. The "Agreement to Assign and Assignment by and among the City of San Jacinto and Palos Verdes Investment Corporation" attached hereto as Exhibit "A" and incorporated herein by this reference is hereby approved and the appropriate officers of the City are hereby authorized to execute the same on behalf of the City in its current form or as modified pursuant to any modifications which are approved in advance by the City Manager and the City Attorney. PASSED, APPROVED AND ADOPTED this day of August, 1992. AI1EST: Mayor of the City of San Jacinto 4 2 3 4 5 6 7 8 9 10 I 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City Clerk of the City of San Jacinto APPROVED AS TO FORM: City Attorney, City of San Jacinto 5 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss 2 CITY OF SAN JACINTO ) 3 4 I , City Clerk of the City of San Jacinto, do hereby certify that the 5 foregoing was duly passed and adopted at a meeting of 6 the City Council of the City of San Jacinto held on the day of 1992. 8 9 Upon Motion of City Council Member , seconded by City Council 10 Member , the foregoing was duly passed and adopted. 11 12 Vote on the Motion: 13 14 Ayes: 15 Noes: 16 Absent: 17 IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the 18 City of San Jacinto this clay of , 1992. 19 20 21 City Clerk of the City of San Jacinto 22 23 24 25 26 27 6 28 o STAFF REPORT To: Honorable Mayor and Council Members From: Chief of Police Date: August 18, 1992 Subject: Authorization to Enter into a Joint Powers Agreement to Access California Law Enforcement Telecommunications System (CLETS) and Adoption of Resolution Recommendation: Approve the Joint Powers Agreement for access to CLETS and adopt Resolution # Background: During 1989 and 1990 Riverside County conducted a study of the Countywide law enforcement computer system. The study was prompted by a deterioration of service in the computer system as a result of increased loads of transactions for information due to rapid growth within the county. The rapidly increasing law enforcement demands on the information processing, including telecommunications, came increasingly in conflict with the computing needs of other county departments and agencies. The present system is over 20 years old with only slight upgrades since 1979. The county's mainframe computer, which the San Jacinto Police Department presently uses, is located within the City of Riverside. By 1987 the level of service had deteriorated to the point that the system was only available an average of 80 percent of the time. As a result of the countywide study to determine the feasibility of a stand-alone system, a strategic plan was developed for implementation. The goals of the strategic plan is to improve hardware reliability, response speed, and data network performance. These goals involved the necessity to develop a dedicated law enforcement mainframe, supported by dedicated staffing. An intensive study was continued until November, 1990, when the ultimate plan of developing a countywide system was recommended which required the total involvement of all agencies within the county. The anticipated cost was $36,000,000. The proposal included an estimated funding breakdown by individual cities. The mid -county group (Banning, Beaumont, Hemet, Murrieta, Perris and San Jacinto) would have been required to pay their annual fair share as follows: Banning $36,831 Staff Report - JPA/CLETS August 18, 1992 Page 2 Beaumont $17,505 Hemet $62,623 Perris $33,162 San Jacinto $26,886 These figures were based upon a ten (10) year funding program with incremental increases each year of two percent (2%). Unfortunately, due to several mid -county agencies still being dependent on the county for access to the CLETS and NCIC system, we were not in a position to negotiate a more favorable deal with the County of Riverside. Not satisfied with the direction the County of Riverside was taking, and with the knowledge that the State of California did not charge on -going fees for the cities or counties who accessed their State computer system, and the fact the County was preparing to charge "user" fees to each agency in the near future the mid -county agencies agreed to draft, enter into and operate under a Joint Powers Agreement if we could obtain a "CLETS drop -line" of our own. During January, 1991 the mid -county cities requested the county to conduct a feasibility study to identify an alternative plan in which the technology we were after, could be obtained at a more reasonable cost. At the same time meetings with representatives from each of our mid -county agencies were held to seek alternative solutions within our own areas of concerns. One solution was to establish a mid -county agencies computer stand alone system. With this in mind the agencies agreed to four areas of research: 1. Determine goals and objectives 2. Determine system architecture 3. Determine hardware and software requirements 4. Conduct a cost analysis Within th> four areas of research, the following was established: Goals and Objectives The goals and objectives of the mid -county agencies are: * Implement a system whereby access to the California Law Enforcement Telecommunication System (CLETS) and the National Crime Information Center (NCIC) could be accomplished without accessing through the county computer to eliminate associated costs or at a reduced cost. Under the present offering from the Sheriff's office there will be a transaction fee for access to CLETS through their lines and equipment. Design a system for the sharing of data through an Staff Report - JPA/CLETS August 18, 1992 Page 3 Automated Name Index (ANI) file whereby each mid -county agency will capture data regarding contacts by the individual agency and retain the data on -site and retrievable through interlinking under a Wide Area Network (WAN) system. Working with the court system that services the mid - county agencies, develop a Management Information System (MIS) for the sharing of data such as citation and criminal dispositions and other data which may be relevant to each of our needs and does not violate law. System Architecture The results of several meetings involving each mid -county agency technical representative ended in the development of the system having the capability to link each agency with each other including the courts. The structure is multi -layered to provide access to data from various sources. The first layer resides within each agency with computer applications and data maintained and controlled by the individual agency. The second layer provides interagency communications through a network which will allow the searching of Central Index files between agencies. The third layer is direct access to the data files maintained by the mid -county courts relating to citations, court dispositions and warrants. The fourth layer provides each agency with access to CLETS and NCIC. Agency Layer Each of the participating agencies will utilize the Crime Reporting and Information System (CRIS) as a data base for the collection of data relating to crime and arrest reports generated by their department. The primary functions of these programs include: • Computer -Aided Dispatching (CAD) • Incident data collection • Report writing • Statistical reporting • Crime analysis Inter -agency Layer The interagency layer provides access between agencies to query data held by an individual agency in their Central Index Files. At this time it is recommended that the queries be Staff Report - JPA/CLETS August 18, 1992 Page 4 limited to information regarding people having contact with the departments. This would include witnesses, victims, suspects, and arrestees. The ability to communicate through "bulletin board" features will allow interagency messages and the sharing of reports as needed. Court Layer Each mid -county agency will have direct access to computer files created by the courts located within the mid -county jurisdictions dealing with citations, warrants, and court case dispositions. This information will be useful in investigation procedures and the disposal of property when a case has a final disposition. The creation of a warrant program is being established which will maintain issued warrants which would not normally be placed into NCIC files. These will include FTA warrants which would be automatically captured by the courts at the time of appearance by the defendant in court on another charge. CLETS Access Layer The mid -county agencies will have direct access to CLETS and its associated programs. When California Identification (CAL - ID) and California Photograph (CAL -PHOTO) is available, access will also be direct. Hardware Configuration Each mid -county agency will be linked using telephone data lines. Agencies will communicate through a "star" configuration radiating from a computer "bridge" which will be housed at the Banning Police Department. The bridge consists of three PC computers which are interactive through a loop. The bridge will access a Micro-Vax computer which will provide the switching access to CLETS. Projected Costs The chart below reflects the cost of funding the county proposed system for networking all agencies verses the mid -county agencies funding for networking on their own. The figures reflect using the 1991 population for each city as a base. The column titled "County" reflects the estimated cost per agency for the first year through the fifth year at a 2% increase each year. The column titled "MCA reflects the estimated cost range per mid -county agency each year for five years. Staff Report - JPA/CLETS August 18, 1992 Page 5 Agency County -5 Years MCA - 5 Years Banning $20,375 - $22,054 $18,522 - $22,491 Beaumont $14,366 - $15,557 $ 8,400 - $10,200 Hemet $35,974 - $38,939 $31,920 - S38,760 Murrieta $16,804 - $18,189 $18,257 - $22,171 Perris $20,144 - $21,772 $20,118 - $24,429 San Jacinto $21,944 - $23,752 $14,784 - $17,952 A 10 year projection as to cost savings is reflected in the chart below. The County charges will continue with an increase of 2% per year to adjust for population changes. The MCA costs for the initial start-up are prorated over 5 years at which time the system will be paid for. Costs are projected to drop to 20% to cover maintenance of the system. Even if an administrative charge and equipment upgrade charge is added on top of the projected 20% the cost savings will still be worth the investment. Agency County Cost 10/years MCA Cost 10/years Banning $223,097 $114,000 Beaumont $156,971 $ 50,400 Hemet $393,901 $195,000 Murrieta $183,995 $114,000 Perris $220,239 $129,000 San Jacinto $240,275 $ 92,000 Cost Projections $1,418,488 $694,410 Conclusion It is evident that unification of the mid -county agencies through a Joint Powers Agreement, the establishment of an independent CLETS line, and procurement of "like" equipment the cost savings is of significant value to each of the agencies and strongly supports participation by San Jacinto. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF SAN JACINTO ESTABLISHING A JOINT POWERS AGREEMENT BETWEEN RIVERSIDE MID -COUNTY POLICE AGENCIES FOR A COMPUTER NETWORK WHEREAS, there is a need to share data between police agencies and have access to the California Department of Justice and the United States Department of Justice Computer data systems; and WHEREAS, the County of Riverside is unable to provide this service at a reasonable cost; and WHEREAS, each of the agencies in Riverside Mid -County (Banning, Beaumont, Hemet, Murrieta, Perris, and San Jacinto) have like computer data systems which are compatible with each other; and WHEREAS, a computer system linking each of the agencies and providing access to the State and Federal data systems is feasible at a reasonable cost; NOW THEREFORE BE IT RESOLVED the city Council of the City of San Jacinto hereby authorizes the participation of the San Jacinto Police Department in the formation of a Joint Powers Authority between the Riverside Mid -County Police Agencies for the establishment of the computer network and further authorizes the Chief of Police to act as agent for the City of San Jacinto. MOVED, PASSED and ADOPTED at a regular meeting of the City Council on the day of , 1992 by the following vote: AYES: NOES: ABSENT: ATTEST: Mayor Deputy City Clerk 1 JOINT POWERS AGREEMENT FOR RIVERSIDE MID -COUNTY 2 C.L.E.T.S./M.S.S. SYSTEM PLACEMENT 3 This Agreement is made by and among the undersigned public entities 4 (hereinafter "Member Agencies") all of which are public entities 5 organized and operating under the laws of the State of California 6 or under the authority of the United States government. This 7 Agreement may be executed in counterparts with an original copy for 8 each Member Agency without the necessity for one original with a 9 lengthy signature portion. A fully executed and sealed copy of 10 each original for each Member Agency shall be provided to the City 11 Clerk of the City of Banning. 12 13 RECITALS 14 15 1. WHEREAS, the Regional California Law Enforcement 16 Telecommunications System/Message Switching System (hereinafter 17 "CLETS/MSS" ) came into being during the existence of the Office of 18 Criminal Justice Planning Region's locally operated headquarters in 19 Riverside County; and 20 21 2. WHEREAS, the local headquarters in Riverside County no 22 longer can provide necessary services to local agencies at a 23 reasonable cost; and 24 25 3. WHEREAS, certain law enforcement agencies within 26 Riverside County have a need for the Regional CLETS/MSS to continue to exist as an entity; and 2 3 4. WHEREAS, the Regional CLETS/MSS hardware and software 4 need to be replaced; and 5 6 5. WHEREAS, California Government Code Sections 6500-6516 7 authorize the joint exercise of powers among public agencies 8 towards a common goal pursuant to a joint powers agreement. 9 10 NOW, THEREFORE, the undersigned, by, between and among 11 themselves, in consideration of the mutual benefits and agreements 12 set forth below, hereby agree as follows: 13 14 ARTICLE I 15 PURPOSES 16 17 This Agreement is entered into by Member Agencies pursuant to 18 the provisions of California Government Code Section 6500 et seq., 19 to: 20 A. Jointly purchase the equipment, software, materials, 21 supplies and professional services which may be necessary to 22 establish a CLETS/MSS to service the Member Agencies. 23 B. Provide a forum for member agencies to provide 24 recommendations and comments to the technical advisor representing 25 the City of Banning and to assist in the development of rules and 26 regulations governing the on -going participation of the Member 4 Agencies in the CLETS/MSS Mid -County network (hereinafter "M.S.S.") C. Establish a procedure for the upkeep of the of the 5 CLETS/MSS Mid -County system network and the on -going maintenance of 6 the equipment and software. 7 8 D. To provide, to the extent permitted by law, for the 9 inclusion at a subsequent date of such additional public entities 10 which are organized and existing under the laws of the United 11 States or laws of the State of California as may desire to become 12 Member Agencies. 13 14 E. To provide for the removal of Member Agencies for cause 15 or upon request. 16 17 ARTICLE II 18 DEFINITIONS 19 20 Unless the context otherwise requires, the following terms 21 shall be defined as herein stated: 22 23 A. "Association" shall mean the "Association for Riverside 24 Mid -County Agencies CLETS/MSS System Regional Network Placement and 25 Maintenance" created by this Agreement. 26 1 B. "Local CLETS Advisory Committee" or "Committee" shall 2 mean the governing body of the Association. 3 4 C. "Deposit" shall mean the estimated amount determined by 5 the Committee for each Member Agency necessary to fund the 6 placement of the Riverside Mid -County CLETS Network. 7 8 D. "Member Agency" shall mean any of the public entities 9 which are a party to this Agreement. 10 11 E. "Fiscal Year" shall mean a period of time as defined in 12 Article X, to be used in determining Deposits. 13 14 F. "Operating Costs" shall be the actual cost to the City of 15 Banning to operate and maintain the CLETS/MSS network for the 16 member agencies. Such costs shall be reviewable by the Committee 17 solely at the Committee's discretion. 18 19 G. "Technical Advisor" shall be an individual appointed by 20 the City of Banning with the approval of the Member Agencies. 21 22 ARTICLE III 23 PARTIES TO AGREEMENT 24 25 Each party to this Agreement certifies that it hereby 26 contracts with all other parties who are signatories of this 4 1 Agreement and, in addition, with such other parties as may later be 2 added as parties to this Agreement pursuant to Article XIV. Each 3 party to this Agreement also certifies that the deletion of any 4 party from this Agreement, pursuant to Article XV or XVI, shall not 5 affect this Agreement or the remaining parties' intent to contract 6 as described above with the remaining parties to the Agreement. 7 8 ARTICLE IV 9 TERMS OF AGREEMENT 10 11 This Agreement shall become effective as to such member agency 12 when approved and executed by that Member Agency. This agreement 13 shall continue in full force until terminated in accordance with Article XVII. 15 16 ARTICLE V 17 POWERS OF THE ASSOCIATION 18 19 A. Administration. It is not the intent nor the purpose of 20 this Agreement to create an agency which is a separate and distinct 21 legal entity from the Members Agencies pursuant to Government Code 22 Section 6503.5. This Agreement shall be administered by the City 23 of Banning, acting through its Chief of Police with the advice and 24 concurrence of the Committee. 25 26 B. Contracts. The Association is authorized, acting through 1 the City of Banning, to do all acts necessary to fulfill the 2 purposes of this Agreement as referred to in Article I. The City 3 of Banning, through its regular procedures, on behalf of the 4 Association, may purchase, lease, own, use or dispose of property 5 and equipment and make and enter into contracts, as may be required 6 to effectuate the purposes of the Agreement. Any property, 7 equipment or interest in property purchased or obtained by the City 8 of Banning using Association funds or obtained by the City of 9 Banning pursuant to the purposes of this Agreement shall be held in 10 trust by the City of Banning for the Association and devoted solely 11 to uses consistent with the purposes of the Agreement. Upon 12 dissolution of the Association pursuant to Article XVII, all 13 property held in trust by the City of Banning shall be distributed 14 in accordance with the terms of Article XVII. Any valid contract 15 entered into pursuant to this Agreement solely for the purposes of 16 effectuating the goals of this Agreement shall be executed by the 17 City of Banning, as trustee for the Association, and shall be 13 payable solely from the funds deposited with the Association 19 Treasurer (hereinafter "Treasurer") pursuant to this Agreement. 20 21 ARTICLE VI 22 MEMBER AGENCY 23 24 A. MEMBER AGENCY - RESPONSIBILITIES 25 The Member Agencies shall have all of the following 26 responsibilities: 6 1 1. To vote for representatives to the Committee. 2 3 2. To pay deposits in accordance with Article XIII hereof 4 promptly to the Association when due; and 5 6 3. To pay its share of the Operating Costs as determined in 7 accordance with Article XIII. 9 4. To provide the Association all data and other information 10 as may be necessary to carry out the purposes of this Agreement. 11 12 5. To cooperate with and assist the Association in all 13 matters relating to this Agreement and to comply with the rules and 14 regulations and all policies and procedures adopted by the 15 Committee, 16 ARTICLE VII 17 LOCAL CLETS ADVISORY COMMITTEE 18 19 The Committee shall govern the affairs of the Association. 20 The Committee shall be comprised of one person from each Member 21 Agency. Such person shall be an employee of the Member Agency. 22 23 From time to time the Chief of Police of the City of Banning shall 24 designate a member of the Committee as Treasurer. The Treasurer 25 shall be an ex-officio employee of the City of Banning. 26 One member of the Committee shall act as the Administrative liaison 2 with the Department of Justice. 4 Each Member Agency shall have a vote in the selection of four at- 5 large Committee Members. 6 7 The terms of the ex-officio members shall be on -going with any 8 vacancy being filled by the Chief of Police as the case may be. 9 10 Each of the four at large members of the Committee shall serve a 11 term of two years. 12 13 The Committee, at its first regularly scheduled meeting, shall 14 select a member to act as Chair and a member to act as Secretary. 15 16 ARTICLE VIII 17 MEETINGS AND RECORDS 18 19 A. COMMITTEE MEETINGS 20 The Committee shall fix the date, hour and place at which each 21 regular meeting is to be held. The first meeting of the Committee 22 shall be called by the Treasurer designee of the City of Banning at 23 a time and place of mutual convenience. Regular meetings shall be 24 held not less than once each fiscal year. Special meetings may be 25 called by the Chairman or upon written request of at least two 26 members of the Committee. Notice of such special meetings shall be 8 delivered personally or by mail to each Committee Member at least seven days before such meeting. 3 4 B. RECORDS 5 6 The Secretary shall keep or have kept minutes of all regular, 7 adjourned regular and special meetings of the Committee. The 8 minutes shall be approved within thirty five (35) days following 9 each of such meetings. As soon as possible after approval of such 10 minutes, the Secretary shall forward a copy of the minutes to each 11 Member Agency. 12 13 No business may be transacted by the Committee without a 14 quorum of its members being present. A quorum shall consist of a 15 majority of its members. Except as otherwise provided in this 16 Agreement, a simple majority of the members present and voting must 17 vote in favor of a motion to approve it. An abstention must be for 18 cause stated in the record. An abstention shall not be considered 19 as an affirmative vote. 20 21 ARTICLE IX 22 ADMINISTRATIVE POLICY AND PROCEDURES 23 24 As soon as practicable after the first meeting of the 25 Committee, and within the first twelve (12) months of the 26 Association's existence, the Committee shall review the "CLETS 9 1 OPERATING POLICIES, PRACTICES AND PROCEDURES (October 1986 2 revision) hereinafter "Operating Policies" (attached hereto and 3 designated as Exhibit "B") for consistency with applicable state 4 and federal laws and this Agreement. Upon the completion of such 5 review, the "Operating Policies" shall become the document which 6 governs the day-to-day operations of the CLETS/MSS network system. 7 Each Committee member shall receive a copy of any Operating 8 Policies developed under this article. Thereafter, the Committee 9 may adopt additional policies and procedures or change existing 10 ones so long as they shall be and remain consistent with both 11 applicable law and with this Agreement. The Secretary shall 12 promptly send to each Member Agency each policy and procedure 13 change promptly after its adoption by the Committee. 14 15 If necessary to regulate the conduct of its meetings, the 16 Committee may adopt and enact by-laws which may be changed from 17 time to time by a majority vote of all Committee members. 18 19 ARTICLE X 20 FISCAL YEAR 21 22 The first fiscal year of the Association shall be the period 23 from the date of this Agreement through June 30, 1993. Subsequent 24 fiscal years of the Association shall begin on July 1 and end on 25 June 30. 26 10 ARTICLE XI ANNUAL AUDITS AND AUDIT REPORTS 3 4 The Committee shall cause an annual financial audit to be made 5 with respect to all receipts, disbursements, and other transactions 6 by a Certified Public Accountant. A report of such financial audit 7 shall be filed as a public record with each of the Member Agencies. 8 Such report shall be filed by October 1 or sooner as required by 9 law. All costs of such financial audit shall be paid by the 10 Association and shall be charged against the Member Agencies in the 11 same manner as all other administrative costs. 12 13 ARTICLE XII 14 ESTABLISHMENT AND ADMINISTRATION OF FUNDS 15 16 A. The Committee shall be responsible for strict accountability 17 of all funds and reports of all receipts and disbursements. It 18 shall comply with all provisions of law relating to the Association 19 funds, particularly Section 6505 of the California Government Code. 20 21 B. The Treasurer shall receive, invest, and disburse funds only 22 in accordance with the procedures established by this Agreement and 23 the Committee and in conformity with applicable law and with the 24 requirements of the City of Banning pursuant to Article X, section 25 B. 26 11 1 C. The Committee may, if it deems necessary, purchase and 2 maintain insurance, including public liability insurance, necessary 3 to protect the Association's investment in property and equipment 4 necessary for the purpose of this agreement. The cost of such 5 insurance shall be distributed on a pro-rata basis to Member 6 Agencies in accordance with the formula contained in Article XIII. 7 8 ARTICLE XIII 9 DEPOSITS AND OPERATING COSTS 10 11 A. DEPOSITS 12 13 The Deposit for each Member Agency shall be calculated and 14 paid as stated in a Schedule of Costs as determined by the 15 Committee. A "Preliminary Schedule of Estimated Costs" is attached 16 hereto as Exhibit "C"; upon its execution of this Agreement, each 17 Member Agency shall hereby be considered to have approved the 18 payment of a Deposit in the amount not to exceed the per Agency 19 estimate as listed on the attached Exhibit "C". Should the actual 20 amount necessary to fund the regional CLETS/MSS placement exceed 21 the preliminary schedule of costs, an additional Deposit shall be 22 paid only after a review of the additional amount has been made by 23 the governing board or city council of the Member Agency. The 24 period of review shall not exceed forty five (45) days following 25 the date of submittal of such additional deposit for review by the 26 governing board or City Council. 12 1 Should the Association receive deposit funds beyond those 2 which are necessary to fund the actual system placement, any such 3 excess funds shall be held by the Association and applied solely 4 toward future operating costs on a pro-rata per member basis until 5 fully expended. 6 7 B. PRO-RATA FORMULA 9 The calculation of funds to be assigned or distributed to 10 Member Agencies will be based on the following formula and on the 11 following defined terms: 12 13 1. Per Capita formula based upon the percentage of each L4 agencies population to the total population of the 15 members for the first two (2) years of operation. 16 2. Upon the completion of the first two (2) years the 17 Committee shall establish a new formula if deemed 18 necessary. 19 20 C. DEFINITION OF TERMS: 21 COMMON AMOUNTS: That portion of the network used to 22 support the operation of the computer network including 23 communications lines to remote locations. 24 25 AGENCY AMOUNTS: That portion of the network located within 26 the Member Agency for the purpose of transmitting and receiving 13 1 network messages. (These amounts will normally only be a factor in 2 purchase of equipment to support that agency.) 3 4 STATION SHARE: An amount equal to two-thirds of the 5 Common Amounts divided by the network station count. 6 7 PER MESSAGE SHARE: An amount equal to one-third of the Common 8 Amounts divided by the network message count. 9 10 D. OPERATING COSTS 11 12 The Association's Operating costs shall be billed to the 13 Member Agencies on a semi-annual basis upon the same pro-rata basis 14 and shall be due and payable within thirty (30) days of billing. 15 16 ARTICLE XIV 17 NEW MEMBERS 18 19 Prospective Member Agencies may apply for participation in the 20 Association and CLETS network as stated in the reference to 21 Operating Policies and applicable State law. 22 23 Admission to the Association requires approval of two-thirds 24 of the Agency Members and is conditioned upon the applicant 25 executing the Agreement and payment of a pro-rata share of the 26 Schedule of Costs as determined by the Committee. Membership shall 14 become effective upon the date established by the Committee. 3 ARTICLE XV 4 WITHDRAWAL 5 6 Any Member Agency of the Association who has been a member for 7 at least three full fiscal years may withdraw from its status as a 8 member and as a party to the Joint Powers Agreement. The 9 withdrawal shall be effective only at the end of the fiscal year in 10 which the request is made. The withdrawing Member Agency must 11 notify the Association in writing at least ninety (90) days prior 12 to the end of the fiscal year that it will withdraw from the 13 Association. 14 15 Upon voluntary withdrawal, a Member Agency shall not be 16 entitled to any reimbursement for its deposit, however, it shall 17 not remain obligated with respect to Operating Costs or the other 18 continuing obligations created by this Agreement incurred after the 19 effective date of withdrawal. 20 21 Upon any withdrawal by the City of Banning, the Committee 22 shall designate a Member Agency to take possession of the 23 Association property and funds and to manage the day to day 24 operation of the local CLETS/MSS system. 25 26 ARTICLE XVI 15 1 EXPULSION 2 3 The Association may expel any Member Agency, for cause, as a 4 participant in any program, or as a member of the Association, by 5 a two-thirds vote of all Member Agencies. 6 7 Such cause shall include, but is not limited to; failure to make 8 timely payment of deposits, failure to make timely payment of 9 assigned portions of operation expenses, suspension imposed by 10 CLETS for violation of CLETS operation policies, practices, and 11 procedures. 12 13 Upon the expulsion of any Member Agency, the expelled Member 14 Agency shall not be entitled to reimbursement for its Deposit, 15 however, it shall have no continuing obligation to pay operating 16 costs or other obligations created by this Agreement after the 17 effective date of the expulsion. The committee shall establish 18 procedures for the bringing of charges and of a right to be heard 19 by the charged member agency to such charges. 20 21 ARTICLE XVII 22 TERMINATION AND DISTRIBUTION 23 24 If the Committee determines that the public interest will not 25 be served by the continuance of the Association, it may, by a two- 26 thirds vote of all Member Agencies, order the Association 16 1 dissolved. If the decision to dissolve the association occurs 2 within 180 days of the end of a fiscal year, the actual dissolution 3 shall not occur until the end of the following fiscal year. 4 5 Upon termination of the Agreement, all assets of the 6 Association shall be distributed only among the Member Agencies 7 that have been participants in CLETS network, including any of 8 those members who previously voluntarily withdrew pursuant to 9 Articles XV and XVI of this Agreement, in accordance with and 10 proportionate to their Deposit and any payments made during the 11 term of this Agreement as their interests may appear. The 12 Committee shall determine such distribution within six months after 13 the last pending claim or contractual obligation entered into 14 pursuant to this Agreement has been finally paid. 15 16 The Committee is vested with all necessary powers of the 17 Association for the purposes of concluding and dissolving the 18 business affairs of the Association. 19 20 ARTICLE XVIII 21 NOTICES 22 23 Notices to Member Agencies under this Agreement shall be 24 sufficient if mailed to their respective addresses on file with the 25 Association. Notices to the Association shall be sufficient 26 if mailed to the address of the Association as contained in the 17 1 Operating Policies. 2 ARTICLE XIX 3 PROHIBITION AGAINST ASSIGNMENT 4 5 No member Agency may assign any right, claim or interest it 6 may have under this Agreement, and no creditor, assignee or third 7 party beneficiary or any Member Agency shall have any right, claim 8 or title to any part, share, interest, fund, premium or asset of 9 the Association. 10 11 ARTICLE XX 12 AMENDMENTS 13 14 This Agreement may be amended by a two-thirds vote of the 15 Member Agencies provided that any amendment is compatible with the 16 purposes of this Agreement as determined by the Committee and has 17 been submitted to the Committee for such at least ninety (90) days 18 in advance. Any such amendment shall be effective immediately, 19 unless otherwise designated. 20 21 ARTICLE XXI 22 SEVERABILITY 23 24 Should any portion, term, condition or provision of this 25 Agreement be decided by a court of competent jurisdiction to be 26 illegal or in conflict of any law of the State of California, or be 18 1 otherwise rendered unenforceable or ineffectual, the validity of 2 the remaining portions, terms, conditions and provisions shall not 3 be affected thereby. 5 6 7 8 ARTICLE XXII 9 HOLD HARMLESS AND INDEMNIFICATION 10 11 The Member Agencies mutually agree and covenant to save free 12 and hold harmless and indemnify the City of Banning, its elected 13 officers and employees and any other Member agency, its elected 14 officer and employees from any claim, damage or liability in 15 connection with this Agreement or the Administration and operation 16 of the CLETS/MSS Mid -County network system which the City of 17 Banning or any other individual Member Agency may incur as a result 18 of this Association. This indemnification, when and if necessary, 19 shall be apportioned among the Member Agencies in accordance with 20 the formula described in Article XIII hereof for the calculation of 21 deposits. 22 23 ARTICLE XXIII 24 AGREEMENT COMPLETE 25 The foregoing constitutes the full and complete agreement of 26 the parties. There are no oral understandings or agreements not 19 1 set forth in writing herein. Each of the parties will have on 2 record a Resolution from their respective governments ratifying the 3 term of the agreement, authorizing each Chief of Police as their 4 agent. 5 IN WITNESS WHEREOF, the parties hereto have executed the 6 Joint Powers Agreement in counterparts for the Mid -County CLETS/MSS 7 as of 8 20 CITY COUNCIL AGENDA DATE: August 18, 1992 TO: Honorable Mayor and City Council FROM: Les Evans, Interim Public Works Director SUBJECT: STATE -LOCAL PARTNERSHIP PROGRAM ESPLANADE STREET WIDENING RECOMMENDATION: Adopt Resolution No. approving State -Local Transportation Partnership Program Supplement No. 002 for the Ramona Expressway Rehabilitation Project. ANALYSIS: The City has been awarded a grant of $85,298 from the State -Local Partnership Program funds for it's Ramona Expressway Rehabilitation Project. The project was previously awarded by the City Council and is now under construction. In order to receive funds the state requires that the City enter into an agreement insuring that the City will abide by State -Local Partnership Program policies, procedures and guidelines. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT NO. 002 AND AUTHORIZING THEIR EXECUTION TO STATE LOCAL MASTER AGREEMENT NO. SLTPP-5075 BE IT RESOLVED that Program Supplement No. 002 is hereby approved and execution of the Supplement and any other necessary documents are hereby authorized. APPROVED AND ADOPTED this 18th day of August, 1992. Francis R. Boykin, Mayor ATTEST: Maurice Armster, City Clerk Deputy City Clerk I, Maurice Armster, City Clerk of the City of San Jacinto, California, hereby certify that the foregoing Resolution No. was duly and regularly adopted at a meeting of the City Council of said City at its meeting held on the 18th day of August, 1992, by the following vote: AYES: NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of San Jacinto, California this 18th day of August 1992. Maurice Armster, City Clerk Deputy City Clerk PROGRAM SUPPLEMENT NO 002 to STATE -LOCAL TRANSPORTATION Locat.-on: Project Number: E.A. Number: PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP-5075 July 23, 1992 08-RIV-0-SJC SB92-5075(021) 08-955423 This Program Supplement is hereby incorporated into the State -Local Trans- portation Partnership Program Agreement for State Share Funds which was entered into between the Local Entity and the State on 10/23/91 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 3 of Article I of the aforemen- tioned Master Agreement under authority of Resolution No. approved by the Local Entity on (See copy attached). The Local Entity further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with any covenants or remarks setforth on the following pages. PROJECT TERMINI: RAMONA EXPRESSWAY -CHASE ST TO SANDERSON AVE TYPE OF WORK: REHAB. LENGTH: 0.0 (MILES PROJECT CLASSIFICATION OR PHASE(S) OF WORK [X] Construction/Construction Engineering/Contingencies Estimated Cost State Share Funds Matching Funds 283,971 FY92 $ FY93 $ FY94 $ 85,248 0 0 Local 198,723 OTHER 0 OTHER 0 CITY OF SAN JACINTO STATE OF CALIFORNIA Department of Transportation By Date Attest Title By DISTRICT DIRECTOR OF TRANSPORTATIO DISTRICT 08 Date I hereby Certify upon my personal knowledge that budgeted funds Accounting Officer are available for this encumbrance: Date 7-2-3-?z- 85248.00 Chapter' Statutes Item Year Program 'BC' Fund Source AMOW 118 1991 2660-101-D42 91-92 20.25.010.100 258010 042-T 85248.00 7- - 08-RIV-0-SJC DATE: 07/23/92 SB92-5075(021) PAGE: 2 SPECIAL COVENANTS OR REMARKS 1. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the agreement were executed after that determination was made. The total amount of State -Local Transportation Partnership funds payable by the State shall not exceed $85248 to be encumbered and reimbursed as follows: FY 91-92 $ 85248 FY 92-93 0 FY 93-94 0 Any increase in State Partnership funds will require a revised program supplement. Any decrease in State Partnership funds will require a revised finance letter. 2. The State Funds Share is calculated based on the lower of the approved eligible application amount or the eligible award amount. 3. The Reimbursement Ratio for this Cycle 2 (91/92) project is 30.02%. 4. Within 120 days of project completion a Final Report of Expenditures must be transmitted to the Caltran's District Local Streets and Roads Engineer. 5. A Final Audit must be completed and transmitted to the Caltran's District Local Streets and Roads Engineer by December 30th (the State fiscal year following project completion). THOMAS M. COX JAMES A. COX BEVERLY M. CAMPER August 13, 1992 COX, COX & CAMPER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 805 EAST FLORIDA AVENUE HEMET, CALIFORNIA 92543 TELEPHONE AREA CODE 714 652-1400 FAX (7141 652-3990 To: Mayor and Members of the City Council From: James Cox Re: Labor Negotiations. Extension of existing MOUs for Police, Fire and Misc. Employees. RECOMMENDATION: Grant a further extension of the Police, Fire and Miscellaneous Memorandums of Understanding through September 30, 1992. By the terms of the existing MOUs between the City and its recognized employee bargaining units, those MOUs were set to expire on June 30, 1992. Due to the fiscal uncertainty caused by the State budget problems, the City was unable to process the negotiated new Memoran- dums of Understanding. At the request of the bargaining units, the existing MOUs' termination dates were extended for 60 days by Council Action taken on June 30, 1992. This extension will expire the end of this month. Because the uncertainties with regard to the State Budget are not yet resolved, it is recommended that the term of the existing employee Memorandums of Understanding for Police, Fire and Misc. be further extended through September 30, 1992. James A. Cox CITY OF SAN JACINTO Staff Report TO: Honorable Mayor and Members of the City Council FROM: Ross Chadwick, Fire Chief/Building Official via City Manager Pamela S. Easter DATE: August 18, 1992 SUBJECT: COMMUNITY PRESERVATION COMMITTEE APPOINTMENT Recommendation: In order to appoint the Community Preservation Committee, each City Council member should vote for five (5) Primary Members and two (2) Alternate Members using the attached ballot. Background: On August 11 th, 1992, the City Council interviewed eleven (11) applicants for the City's Community Preservation Committee. Mayor Boykin eliminated one of the candidates due to his out -of -City residency. Attached is a ballot to vote for the members of the Community Preservation Committee. The ten (10) applicants are listed alphabetically in the same order they were interviewed. At Mayor Boykin's request, each City Council member should vote for five (5) Primary Members and two (2) Alternate Members. Please mark an "X" in the appropriate box for each of the five (5) applicants you desire to be Primary Members and and an "X" in the appropriate box for each of the two (2) candidates you desire to be Alternate Members. It was originally announced that duplication of neighborhoods on the Committee would not be allowed. However, after further consideration by staff and review of the Beautification Ordinance, it has been determined that it is appropriate to vote for members without concern for duplication of neighborhoods. The City Clerk will verify and tally the votes publicly so it is important that you put your name on your ballot. The five (5) applicants with the most votes under "Primary" and the two (2) applicants with the most votes under "Alternate" will be appointed by the Mayor. If a tie should occur, Mayor Boykin will announce the voting procedure to break the tie. Tuesday, August 18, 1992 City of San Jacinto Community Preservation Committee Ballot August 18, 1992 City Council Member's Name Applicant's Name Allen, Michael Cortez, Andrew Cortz, Annette Hynes-Hannegan, Mary Jane O'Brien, Jack Palmer, Terese Surbeck, Norman Thomsen, Rick Torres, Gilbert Washburn, Marguerite Neighborhood Spice Ranch Alessandro Hill California California Heritage Rose Ranch Rose Ranch River Heritage Primary Vote for 5 V Alternate Vote for 2 4DA�. STAFF REPORT DATE: August 18, 1992 TO: Mayor and City Council FROM: Pamela L. Lee, Deputy City Clerk SUBJECT: Library Advisory Board Appointment RECOMMENDATION: Appoint the Library Advisory Board Member. BACKGROUND: Previously the City Council accepted the resignation for this appointment and directed the City Clerk's Office to advertise the vacancy pursuant to the Maddy Act. The advertising was completed and one application was received from Forest J. Aguirre. The options for the Council at this time are to; 1) Appoint Mr. Aguirre, or 2) Direct the City Clerk's Office to re -advertise and seek additional applicants. A DA 7* 3 CITY COUNCIL AGENDA DATE: AUGUST 18, 1992 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: LES EVANS, INTERIM DIRECTOR OF PUBLIC WORKS SUBJECT: ROAD CLOSURE POLICY Recommendation: Receive and file. Background and Analysis: During the past six months, extensive construction activity has taken place on Esplanade Avenue between State Street and San Jacinto Street and on San Jacinto Street between Seventh Street and Esplanade Avenue. This construction activity has resulted in street and lane closures of several months and traffic control measures which have often made access to nearby businesses difficult. Although the Esplanade Avenue project is scheduled for completion late next month, construction activity on the new Stater Brothers market and other peripheral businesses will begin soon and wi,1 continue for at least a year. This construction will create the need for lane closures along Esplanade Avenue and San jacinto Street which will impede access to existing businesses. In response to the recent inconvenience to business, the San Jacinto Chamber of Commerce has adopted a resolution (a copy is attached to this report) recommending that the City Council approve future road closures, rather than staff, and that road closures be limited to three days. Although staff agrees that City Council approval should be granted prior to closing an arterial street, a three day limit may not always be practical. As the City Council is aware, Ramona Expressway between Sanderson Avenue and Chase Street, may be closed for up to 30 days for reconstruction this summer. The alternative to the closure was the construction of an additional temporary lane to be used as a bypass while the contractor took the existing lanes out of service one at a time for reconstruction. Since there was a logical alternate route (Ramona Blvd.) to the Ramona Expressway, between Sanderson and Chase, and no retail businesses were located within the affected are, the closure seemed appropriate. There are impacts on the new Chevron Station and Jack -in -the -Box, however, and staff has made contact with these businesses and other property owners along the Expressway to minimize inconvenience. Signs warning of the closure were in place 10 days before construction began. There is a substantial penalty to the contractor of failure to re -open the road on schedule. The Public Works Department proposes a revised Application for Encroachment and Excavation Permit which would alert staff to potential traffic problems. The new permit application would require the applicant to answer the following questions: 1. Does your work need to be performed between November 1 and January 4? 2. Is it necessary to perform construction during the first four days of the month? 3. Are you proposing to narrow or close one or more travel lanes? 4. Will your work affect access to commercial business? If the answer to any of the above questions is yes, the contractor must apply for a special road closure permit. The special permit will investigate the possibility of performing the work at night, using flaggers (flagmen) to direct traffic and special signing to notify motorists of the best way to access nearby businesses. Over the past month the City has initiated this procedure and has been successful in getting EMWD to make a street cut at the intersection of Esplanade and San Jacinto Street at night. Staff is also working with ARCO and businesses at the intersection of Seventh and San Jacinto Street to work out a solution to the pending street work at that intersection. We have met, and are continuing to meet, with businesses in the Alpha Beta shopping center to minimize disruption to their businesses during construction. They have advised us that the first four days of the month are their biggest days and disruption to access should be avoided at those times. Staff would like to continue with this new permit procedure and policy of working with adjacent businesses. The City Council may, however, wish to adopt a policy of requiring City Council approval prior to arterial street closures involving all lanes in both directions. 1O8EAST MAIN STREET 5ANJAC|NTO.CA82583 714--654'8248 ~The oldest Incorporated Cit), in Riverside County Located in the San Jacinto Valley" AVn|un»pa, Organization Comprised of Business and Community Members, Working Together to Promote and Advance n,oia|. industrial and Civic Interests Throughout the San Jacinto Valley. ROAD CLOSURES - RECOMMEND POLICY TO CITY COUNCIL: WHERAS Chamber members have lost significant business over the last several years due to road closures' Specifically, the closure of Esplanade Avenue between San Jacinto and Hewitt cost businesses in the Alpha Beta center thousands of dollars per day; AND WHEREAS once customers have to go getting to a San Jacinto business most often those customers do not elsewhere because is inconvenient, come back; AND WHEREAS the City loses sales tax dollars when this happens, and they also lose businesses who cannot afford to stay open with reduced sales; AND WHEREAS currently, Esplanade Ave' is closed again' It was scheduled to reopen on May 15, but that schedule has been moved to June IS. Businesses are once again having a hard time getting shipments and customers in; AND WHEREAS the Ramona Expressway is scheduled for significant maintenance work this summer; AND WHEREAS the City of Riverside does not close roads at all without City council approval and the City of San Jacinto used to have a policy of not closing any road longer than 5 days; AND WHEREAS San Jacinto businesses cannot afford our current city policy when the savings in the cost of construction are passed through in the cost to local business and industry; MOW THEREFORE BE IT RESOLVED that unless there is specific City Council approval, roads only be closed if no other option is available, and then for not longer than 3 days' Further, that if contractors keep a road closed past the allowed period, that there be a penaly imposed on them." STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Brian McNabb, Director of Community Development via Pamela S. Easter, City Manager DATE: August 18, 1992 SUBJECT: Appointment of a City Council Representative to the Residential Compatibility Ordinance Committee proposed for formation by the Planning Commission RECOMMENDATION Staff recommends that the City Council appoint a representative to the proposed Residential Compatibility Ordinance Committee. BACKGROUND On August 12, 1992 the Planning Commission voted unanimously to form a committee to fine tune the proposed residential compatibility ordinance prepared in draft form by Planning Staff. The Commission recommended that the Committee be comprised of a City Council representative, a Planning Commission representative, City Staff representatives, building industry representatives, and public -at -large representatives. Staff will solicit the participant groups to determine the appropriate representatives for the Committee. Staff will then convene the Committee in the near future so as to form a recommendation for the Planning Commission to consider at the special Planning Commission meeting on September 16, 1992. Prepared , Approved by, 91/ Timothy . Hults Brian McNabb Senior Planner Director of Community Development MEMORANDUM TO: Members of the City Council FROM: Mayor Boykin DATE: August 18, 1992 SUBJECT: Mine Reclamation Corp. - Eagle Mountain Proposal At our August 4th City Council meeting Michael McCartney from Mine Reclamation Corporation made a presentation before the City Council, concerning the proposed Eagle Mountain Landfill and Recycling Center. As you recall, I told Mr. McCartney that the Council could take no action as a result of his presentation because it was made under the Public Comments section on the agenda. I asked him if he wished the Council to make a recommendation concerning the proposed Eagle Mountain project at the Council's next meeting on August 18th. Mr. McCartney stated that he would like the Council to take up this issue at its next meeting. Therefore, I have placed this issue on the agenda for further input from the public, and for questions or comments from the City Council, and to make it possible for the City Council to take a position on this project. I have attached a Resolution provided by Mine Reclamation Corporation for the Councils consideration. The actions that the Council may wish to consider as follows: 1. Approve the Resolution indicating City Council support for the project. 2. An action opposing the project. 3. To take no position on the proposed project. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ENDORSING THE PROPOSED EAGLE MOUNTAIN LANDFILL PROJECT WHEREAS, the county of Riverside is considering for approval the proposed Eagle Mountain Landfill project; and WHEREAS, Eagle Mountain is an optimal site to accommodate the waste disposal needs of the citizens of Riverside County and surrounding communities; and WHEREAS, the proposed Eagle Mountain Landfill project is a state-of-the-art, environmentally safe landfill; and WHEREAS, the proposed Eagle Mountain Landfill project will generate significant Riverside County; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED, by the City Council of the city of San Jacinto, that the City of San Jacinto endorses and supports the proposed Eagle Mountain Landfill project and recommends the approval of the project by the Riverside County Board of Supervisors. ATTEST: City Clerk environmental and economic benefits to CITY COUNCIL OF THE CITY OF SAN JACINTO Mayor TO'd WUEO:Z 66T `ET snd :01 NDIldWd1D3N dNIW:WDdd