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HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 11/15/1994AGENDA SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND INDUSTRIAL DEVELOPMENT AUTHORITY AND THE SAN JACINTO FINANCING AUTHORITY DATE: November 15, 1994 TIME: 7:30 P.M. PLACE: COMMUNITY CENTER 625 SOUTH PICO SAN JACINTO, CALIFORNIA 1.0 CALL TO ORDER Roll Call Prayer of Invocation - Pastor Irene Klugman Pledge of Allegiance 2.0 SPECIAL PRESENTATIONS 2.1 Service Awards - Roy Garcia - 10 years & Laurie Mora - 5 years -J 2.2 "Make A Difference Day Presentations" 3.0 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) C minutes shall be set for each person desiring to address the Council. GG- r ,_�— e. Convene the Redevelopment Agency in joint session with the City Council for the following items: 4.0 REDEVELOPMENT AGENCY/FINANCING AUTHORITY 4.1 Proposal for Redevelopment Agency (RDA) Assistance for Industrial Development - McNabb RECOMMENDATION: Acting in the capacity of the Redevelopment Agency enter into an agreement with San Jacinto Developers and City Equities, Inc. for the development of 3.17 acres of industrial property with the Agency rebating $89,972.00 at the completion of the project. 1 Adjourn the Redevelopment Agency and continue acting in the capacity of the City Council for the remainder of the agenda. 5.0 CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and will be enacted by one motion by the City Council in the form listed. There will be no separate discussion on these items prior to the motion unless members of the City Council, staff or the public requests specified items to be removed and/or discussed. Anyone wishing to discuss a Consent Calendar item should come forward, upon invitation of the Mayor, state their name, address and the Consent Calendar item number. Speakers should limit comments to three (3) minutes. 5.1 Minutes - Regular Meeting of October 18. 1994 RECOMMENDATION: Approve the minutes for the Regular Meeting of October 18, 1994, as presented. 5.2 Minutes of Special Meeting of October 25, 1994 RECOMMENDATION: Approve the minutes of the Special Meeting of October 25, 1994, as presented. 5.3 Minutes of Special Meeting of October 26, 1994 RECOMMENDATION: Approve the minutes of the Special Meeting of October 26, 1994, as presented. 5.4 Warrant Register RECOMMENDATION: Approve warrant numbers 38823 through 38932 dated November 15, 1994 in the amount of $606,056.99, and Payroll check numbers 3958 through 4056, dated October 28, 1994. ( 5.5 Claim - Vargas, Lydia & David. Currier, Shawntel RECOMMENDATION: Reject the claim as presented, as recommended by the Claims Adjustor pursuant to Government Code Section 913. 5.6 Approval of Contract with Liebert, Cassidy & Frierson RECOMMENDATION: Approve the contract with Liebert, Cassidy & Frierson for representation in the area of employment relations for calendar year 1995. 2 5.7 Community Development Block Grant Subrecipient Agreement with Phoenix Programs, Inc. RECOMMENDATION: Approve the Community Development Block Grant (CDBG) Subrecipient Agreement with Phoenix Programs, Inc. for the "Jobs Unlimited" Program, 5.8 Installation of STOP signs on Lyon Avenue at Cottonwood Avenue RECOMMENDATION: Direct staff to install STOP signs for northbound and southbound traffic on Lyon Avenue at Cottonwood Avenue. 5.9 Resolution Declaring Items Surplus RECOMMENDATION: Adopt Resolution No. declaring certain property as surplus and authorizing disposal of said property. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO DECLARING CERTAIN PROPERTY AS SURPLUS AND AUTHORIZING DISPOSAL OF SAID PROPERTY 5.10 Request for Parade Permit for Sunday, December 11, 1994 - From 11 AM until Noon RECOMMENDATION: Approve the parade permit subject to providing insurance and reimbursing any costs of City Police and Public Works personnel. 5.11 Road Closure for Tinsel Triathlon on December 4, 1994 RECOMMENDATION: Approve the closure of Soboba Road between Gilman Springs/State Street, and the Soboba Indian Reservation, for the 9th Annual United Way Tinsel Triathlon. 5.12 Resolution Adopting Discrimination Complaint Procedures RECOMMENDATION: Adopt Resolution No. establishing a discrimination complaint procedure for the City, pursuant to the Americans with Disabilities Act. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ESTABLISHING A DISCRIMINATION COMPLAINT PROCEDURE FOR PERSONS WITH DISABILITIES Resolution Establishing Procedures for the Handling of Tort Claims RECOMMENDATION: Adopt Resolution No. establishing procedures for the handling of claims under the California Government Tort Claim Act. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SAN JACINTO ESTABLISHING PROCEDURES FOR THE HANDLING OF CLAIMS UNDER THE CALIFORNIA GOVERNMENT TORT CLAIM ACT 5.14 Appointment of Staff Member to fill City Clerk Position RECOMMENDATION: Appoint Fire Captain Bob Wilson to fill the unexpired term of City Clerk, until November 1995; allocate $125.00 per month of General Funds to compensate the position. END OF CONSENT CALENDAR Motion by: Seconded by: to approve consent calendar items 5.1 through 5.14 and adopt Resolution No. through Resolution No. 6.0 PUBLIC HEARINGS 6.1 ADVERTISED - Community Development Block Grant (CDBG) Program - 21 st Year, 1995-96 - Easter\Price RECOMMENDATION: Conduct a public hearing to receive comments on suggested uses for 21 st year CDBG funds; determine a Public Service Theme; direct staff to meet with the Area Directors' Association to review and evaluate applications; direct staff to prepare a report reflecting the recommendations of the Area Directors' Association for expenditures of CDBG funds at the January 3, 1995 City Council meeting; direct staff to submit recommended actions for the expenditure of City sponsored projects at the January 3, 1995 City Council meeting. 6.2 UNADVERTISED - Introduction of Ordinance Regarding Fire Hazard Severity Zones - Price RECOMMENDATION: Waive the reading in full and read by title only, and introduce (First Reading) Ordinance No. related to Hazard Severity Zones. ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN JACINTO REQUIRING THE FIRE CHIEF TO DESIGNATE VERY HIGH FIRE SEVERITY ZONES 4 7.0 CITY DEPARTMENTS 7.1 Update on Inland Crackdown Allied Task Force (INCA) - Holmes RECOMMENDATION: Receive oral report. /7.2 Revisions to Street Maintenance Projects - Evans RECOMMENDATION: Approve the bid of Matich Corporation for widening of Ramona Expressway at Chase Street in the amount of $82,855, to be funded with City Regional Transportation Funds; approve the amended bid of Matich Corporation for the 1994 Pavement Rehabilitation Project, deleting the repair of Seventh Street between Jordan Avenue and Mistletoe Avenue from the project for a contract amount not to exceed $175,000.00; approve the proposed 1994-95 Street Maintenance Program proposed by the Public Works Department. / 7.3 Suggested Topics for Joint City Council/EMWD Board Meeting - Evans RECOMMENDATION: Direct staff to prepare an appropriate agenda for a Joint City Council/EMWD Meeting. 7.4 Request for Night Closure of SR 79/Lamb Canyon - Evans RECOMMENDATION: Provide feed back to contractor and CALTRANS. / 7 5 Status of Railroad Crossing on Esplanade Avenue - Evans RECOMMENDATION: Receive oral report and provide direction to staff, as appropriate. 8.0 MAYOR/COUNCILMEMBER REPORTS/DISCUSSIONS 'r/ 8.1 WRCOG Update Opposing Unfunded Mandates - Williams Cancellation of November 22nd & December 27th Study Session 9.0 CLOSED SESSION 9.1 Conference with Labor Negotiators pursuant to Government Code Section 54957.6 Agency Negotiator: Cox, Kreisler Employee Organization: San Jacinto Police Officers' Association, Public Employees of Riverside County (PERC) 5 9.2 Conference with Real Property negotiator pursuant to Government Code Section 54956.8 Property: Superblock, Area East of San Jacinto St. bounded by Esplanade & Commonwealth Negotiating Parties: Cantu, Lin, Carlson; Parker, Gorman, Delgado, Peterson, Kranz, Urick Under Negotiation: Price and terms. 9.3 Pending Litigation pursuant to Government Code Section 54956.9(a) House) vs. City of San Jacinto 9.4 Conference with Legal Counsel, Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9(c) 12 cases kAA-CA C_--Ceye ' q l /1-� 10.0 ADJOURNMENT Motion by: Seconded: Action: to adjourn. Vote: I, Laurie Mora, Deputy City Clerk of the City of San Jacinto, do hereby certify that I caused to be posted the foregoing agenda this 10th day of November, 1994, as required by law. Deputy City Clerk 6 S A N 'JACINTO TO: Staff Report Honorable Mayor and Members of the City Council FROM: Brian McNabb, Director of Community Development DATE: November 15, 1994 RE: Proposal of RDA Assistance for Industrial Development RECOMMENDATION Authorize staff to enter into an agreement, that substantially conforms to the attached draft, with San Jacinto Developers and City Equities, Inc. for the development of 3.17 acres of industrial property with the Agency rebating $89,972 at the completion of the project. FISCAL IMPACT To be funded from RDA fund 96 BACKGROUND Bob Howe, San Jacinto Developers and Richard Walker, City Equities are seeking financial assistance in the amount of $89,972 to help defray the cost of developing of an 18,000 square foot metal industrial building at 7th and Humane Way. The Press Enterprise has signed a 5-year lease to occupy 10,000 square feet for a new distribution facility. They will assemble and collate all the advertisements and fliers found in the newspaper, but not actually a part thereof. They plan to hire 10 employees and contract with 50 independent contractors for distribution. The remaining 8,000 square feet is being considered by a baby food packaging company that is planning to relocate and expand. The reason for considering assistance in this matter goes beyond the new tax increment and jobs created. In order to compete with other jurisdictions to the west, our industrial land needs to be priced lower than it currently is. Land selling at $1.00 to $2.00 per square foot is very competitive. San Jacinto Developers has indicated that they would have to sell the property for $5,00 to $6.00 per square foot if they had to finance all of the construction requirements. As part of the agreement, San Jacinto Developers will sell an adjacent parcel, that directly benefits from the development of the property, for no more than $2 per square foot for a period of five years. At the completion of the project, provided all conditions are met, the Agency will reimburse San Jacinto Developers $89,972. Overall effect of project: - Industrial Bldg (Press Enterprise portion) Cost of Land: 39,000 sf @ $2 = $78,000 Construction Costs: $575,000 Tax Increment = $2,500/yr New jobs created = 10 minimum Attached is a copy of the draft agreement. Due to the complexity of the document, executed copies will not be available by the meeting. However, it is imperative to keep the process moving so that the development can occur as closely as possible to the first of the year to honor the already executed lease with the Press Enterprise. The executed document will closely resemble the draft with minor changes. Blanks in the draft can be filled in at the meeting. H:\ccrpt-94\howe.cec H:\ccrpt-94\howe.cec OWNER PARTICIPATION AGREEMENT BY AND AMONG THE SAN JACINTO REDEVELOPMENT AGENCY AND SAN JACINTO DEVELOPERS AND CITY EQUITIES, INC., "AGENCY" "OWNER" "DEVELOPER" TABLE OF CONTENTS Page No. I. [§100] SUBJECT OF AGREEMENT 1 A. [§101] Purpose of Agreement . . • .................. • 1 B. [§102] Defined Terms _ . . • . • . .......... . ...... _ 1 C. [§103] The Redevelopment Plan 3 D. [§1041 Parties to the Agreement 3 1. [§105] The Agency 3 2. [§1061 The Owner 3 3. [§107] The Developer . • . . . . . ............. . . _ . . . . 3 4. [§108] Prohibition Against Change in Ownership, Management and Control of Developer 4 11, [§200] CONSIDERATION FOR AGREEMENT; AGENCY ASSISTANCE • . 4 A. [§201] Consideration ................ . • . . • • . • 4 B. [§202] Agency Assistance 5 C. [§203] Conditions Precedent 5 D. [§204] Brokers 6 E. [§205] Option to Acquire Lot 3 6 F. [§206] Option Escrow . . • • • ..... • .............. • . • 7 G. [§207] Additional Owner Warranties 8 III. [§300] DEVELOPMENT OF THE SITE 9 A. [§301] Development of the Site by the 9 1. [§302] Scope of Development 9 2. [§303] Cost of Development 9 3. [§304] Construction Schedule 9 4. [§305] Bodily Injury and Property Damage Insurance; Indemnity 9 5. [§3061 City and Other Governmental Agency Permits 11 6. [§307] Rights of Access 11 7. [§308] State and Local Laws 11 8. [§309] Antidiscrimination During Construction 11 B. [§310] Taxes, Assessments, Encumbrances and Liens . . . . ..... . . . . 12 C. [§311] Prohibition Against Assignment of Agreement 12 D. [§312] Certificate of Completion 12 IV. [§400] USE OF THE SITE 13 A. [§401] Uses . . . . . . ........... . 13 B. [§402] Effect of Violation of the Terms and Provisions of this Agreement After Completion of Construction 14 R.ML:21070_2;941B2763.0 11 November 8. 1994 V. [§500] REPRESENTATIONS AND WARRANTIES 15 A. [§5011 Authority 15 B. [§502] Enforceability 15 C. [§503] No Violation 15 D. [§504] Compliance 15 VI. [§6001 DEFAULTS AND REMEDIES 16 A. [§601] Default 16 B. [§602] Remedies 17 C. [§603] Legal Actions 17 1. [§604] Institution of Legal Actions 17 2, [§605] Applicable Law 17 3. [§606] Acceptance of Service of Process 17 D. [§607] Rights and Remedies Are Cumulative ....... . ..... _ 18 E. [§608] Inaction Not a Waiver of Default . . . _ .... . 18 F. [§609] Remedies and Rights of Termination . . . _ . . 18 1. [§610] Termination by the Participant 18 2. [§611] Termination by the Agency 18 G. [§612] Rights and Remedies After Disbursement of the Agency Assistance Amount . . . . . . . . ..... ....... . . 19 VII. [§700] GENERAL PROVISIONS . . . _ ....... . . 19 A. [§701] Notices, Demands and Communications Among the Parties . . . . 19 B. [§702] Conflicts of Interest 19 C. [§703] Enforced Delay; Extension of Times of Performance .. 20 D. [§704] Executive Director Authorized to Act for Agency 20 E. [§705] Non -liability of Officials and Employees of the Agency 20 F. [§706] Heirs, Successors & Assigns 20 G. [§707] Time of the Essence 21 VIII. [8OO] ENTIRE AGREEMENT; WAIVERS: AMENDMENTS 21 IX. [§900) TIME FOR ACCEPTANCE OF AGREEMENT BY AGENCY . . 21 PuBL:21070_2!94 B2763.0 November 8, 1994 ATTACHMENTS Attachment No. 1 Site Map Attachment No, 2 Description of the Site Attachment No. 3 Schedule of Performance Attachment No. 4 Scope of Development Attachment No. 5 Agreement to Be Recorded Affecting Real Property Attachment No. 6 Certificate of Completion Attachment No. 7 Owner Deed Attachment No. 8 Map of Lot 3 Attachment No. 9 Option Escrow Instructions Attachment No. 10 Map of the Combined Owner Area PUBL:2 I 070_2 I 941E02763.0 iv November 8. 1994 OWNER PARTICIPATION AGREEMENT THIS AGREEMENT is entered into by and among the SAN .IACINTO REDEVELOPMENT AGENCY, a public body corporate and politic (the "Agency"), SAN JACINTO DEVELOPERS, a California general partnership (the "Owner"), and the CITY EQUITIES, INC.., a California corporation (the "Developer"). The Agency, the Owner and the Developer hereby agree as follows: I. [§100] SUBJECT OF AGREEMENT A. [§101] Purpose of Agreement 1. The purpose of this Agreement is to effectuate the Redevelopment Plan (as hereinafter defined) for the San Jacinto Redevelopment Project Area (the "Project Area") by providing for the development of certain property (the "Site") situated within the Project Area and by providing for the payment of certain amounts specifically described in this Agreement in connection with the activities to be undertaken by the Owner and the Developer benefitting the Project Area. The Owner is the fee owner of certain real property (the "Combined Owner Area"), as more fully described in Section 102 of this Agreement. Prior to the date of this Agreement, the Owner and the Developer have negotiated a potential sale of a certain portion of the Combined Owner Area, which portion is designated as the "Site". In turn, the Developer has negotiated a lease with the Riverside Press Enterprise, as more particularly described in Section 102 ("Conforming Lease"). Pursuant to this Agreement, the Developer shall acquire title to the Site, shall improve the Site with the "Improvements" (as defined in Section 102), and shall enter into a Conforming Lease. Upon opening of the Riverside Press Enterprise operation at the Site, and subject to the "Conditions Precedent" (as defined in Section 102) first having been satisfied, the Agency will make available direct financial assistance to the Developer. The furnishing of such assistance in connection with the redevelopment of the Site is of benefit to the Developer and to the Owner, and will tend to increase the exposure and value of the remainder of the Combined Owner Area. The Owner shall provide the Agency an option to purchase a certain portion of the Combined Owner Area, namely "Lot 3", as more particularly set forth in Section 205 and 206 of this Agreement. The completion of those redevelopment activities as provided pursuant to this Agreement is in the vital and best interest of the City of San Jacinto (the "City") and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements under which the Project has been undertaken. [§102] Defined Terms "Agency Assistance Amount" is defined in Section 202. "Agreement to Be Recorded Affecting Real Property" means Attachment No. 5. PUBL:21070_2194162763.0 1 November 8, 1994 "Certificate of Completion" means Attachment No. 6. "City" means the City of San Jacinto, a municipal corporation. "Combined Owner Area" is defined by and depicted in the Map of the Combined Owner Area. "Conditions Precedent" are set forth in Section 203 {' this Agreement. "Conforming Lease" means a lease of a ter years providing for the use of demised premises on the Site of not hundred (9,500) square feet gross floor area by the Riverside Pr distribution facility or such other tenant or use as the Exec of not 1''s than five (5) ss than nine thousand five Enterprise as a newspaper ay approve at her discretion. The Conforming Lease shall contain nondis im'nation provisions substantially in the form provided in Section 33436 of the California Health and Safety Code. "Description of the Site" means Attachment No. 2. "Developer" means City Equities, Inc., a California corporation. "Development Approvals" is defined in Section 306. "Improvements" is defined in the Scope of Development. "Lot 3" means that certain real property described in Exhibit "A" to the Owner Deed and depicted in the Map of Lot 3. "Lot 3 Price" is defined in Section 205. "Map of the Combined Owner Area" means Attachment No. 10. "Map of Lot 3" means Attachment No. 8. "Option Escrow Instructions" means Attachment No. 9. "Option Period" is defined in Section 205. "Owner" means San Jacinto Developers, a California general partnership. "Owner Deed" means Attachment No. 7 to this Agreement. "Schedule of Performance" means Attachment No. 3. "Scope of Development" means Attachment No. 4. "Site Map" means Attachment No. 1. Puau21070_2194162763.0 2 November 8, 1994 C. [§103] The Redevelopment Plan A redevelopment plan was originally approved and adopted by the City Council of the City of San Jacinto by Ordinance No. as adopted on , 19 (the "Original Plan" and the "Original Ordinance", respectively). The City approved an Amendment to the Original Plan (the "1994 Amendment") on , 19 , by Ordinance No. (the "Amending Ordinance"). Two lawsuits have been filed and are pending which challenge the validity of the Amending Ordinance and the 1994 Amendment, namely the "Resources Lawsuit" and the "Farm Bureau T awsuit" . The Developer and Owner have made their independent evaluations of the Resources Lawsuit and the Farm Bureau lawsuit and desire to enter into this Agreement notwithstanding the pendency of these two Lawsuits. The Combined Owner Area is located within the redevelopment project area of the Project as earlier established by the Original Ordinance. As provided pursuant to the Amendment, the Combined Owner Area is also situated within the Amended Projerr Elrea. D. [§104] Parties to the Agreement 1. [§105] The Agency The Agency is a public body, corporate and politic, exercising governmental functions and powers and organized and existing under Chapter 2 of the Community Redevelopment Law of the State of California. The principal office of the Agency is located at 201 East Main Street, San Jacinto, California 92583. "Agency," as used in this Agreement, includes the San Jacinto Redevelopment Agency, and any assignee of or successor to its rights, powers and responsibilities. 2. [§106] The Owner The Owner is San Jacinto Developers, a California general partnership. The general partners of the Owner are Dudley Gray ("Gray"), Ira Lyows ("Lyows"). Orvin Gilmore ("Gilmore"), and Robert Howe ("Howe"). Each of Gray, Lyows, Gilmore and Howe are jointly and severally liable for performance by the Owner pursuant to this Agreement. The receipt of notice by any of the general partners shall be deemed to effect notice upon the Owner and each and every one of its general partners. All correspondence pertaining to this Agreement shall be sent to the Owner's principal office located at 831 West 7th Street, San Jacinto, California 92583. 3. [§l07] The Developer The Developer, as used herein, refers to City Equities, Inc., a California corporation. Richard Walker is the President and majority shareholder of the Developer. All correspondence pertaining to this Agreement shall be sent to the Developer's principal office located at , San Jacinto, California 92583, or such address as may be specified or amended by the Developer upon written notification to the Agency. PIJI L:21070_2[94182763.0 3 November 8, 1994 The Developer represents and warrants that, subject to the Agency, the Owner, and the Developer first entering into this Agreement, the Developer and the Riverside Press Enterprise ("RPE") are prepared to enter into a lease for a term of not less than five (5) years (the "Lease") providing for occupancy by RPE and operation pursuant to a Conforming Lease as defined in Section 102 of this Agreement. A copy of the Lease, with no modifications or amendments thereto, has been or shall be provided to the Agency by the Developer prior to the disbursement of any portion of the Agency Assistance Amount. 4. [§108] Prohibition Against Change in Ownership, Management and Control of Developer The qualifications and identity of the Developer are of particular interest to the Agency. It is because of these qualifications and identity that the Agency has entered into this Agreement with the Developer. Consequently, no person, whether a voluntary or involuntary successor of Developer shall acquire any rights or powers under this Agreement nor shall the Developer assign all or any part of this Agreement, without the prior written approval of the Agency which shall not he unreasonably withheld. Unless such assignment is approved by Agency acting in its discretion, the current general partner of the Developer, Richard Walker ("Walker"), must retain complete operational and management control of the Developer and ownership of the majority of shares of stock in the Developer. Any purported transfer of control, voluntarily or by operation of law, except with the prior written consent of the Agency, shall render this Agreement absolutely null and void and shall confer no rights whatsoever upon any purported assignee or transferee. In the absence of specific written agreement by the Agency, no such transfer. assignment or approval by the Agency shall be deemed to relieve the Developer or any other party from any obligation under this Agreement. All of the terms, covenants and conditions of this Agreement shall be binding upon and shall inure to the benefit of the Developer and the permitted successors and assigns of the Developer. Whenever the term "Developer" is used herein, such term shall include any other permitted successors and assigns as herein provided. II. [§200] CONSIDERATION FOR AGREEMENT; AGENCY ASSISTANCE A. [§2011 Consideration • As consideration for the Agency to enter into this Agreement, the Developer and the Owner agree to satisfy the Conditions Precedent, to complete or cause to be completed the Improvements as specified in Section 302 hereof on or prior to the date specified therefor in the "Schedule of Performance" (Attachment No. 3) which is attached hereto and incorporated herein by reference, to provide the Agency with the Agency Option, to obtain the Certific Completion as specified in Section 315 hereof, and to operate, maintain and use the Site in conformity with this Agreement and the Redevelopment Plan, PUBL:21070_21 941 B2763.0 4 November 8, 1994 [§202] Agency Assistance 1. In consideration of the undertakings of the Developer and the Owner pursuant to this Agreement, the Agency shall disburse to the Developer the sum of Eighty -Nine Thousand Nine Hundred Seventy -Two Dollars ($89,972) (the "Agency Assistance Amount"). The Agency shall not provide any assistance pursuant to this Agreement other than the Agency Assistance Arnount. The Developer assumes all responsibility for any costs to provide the Improvements as specified in Section 302 hereof. 2. The Agency shall have no obligation to disburse any portion of the Agency Assistance Amount unless and until all of the Conditions Precedent (as defined in Section 203 of this Agreement) are first satisfied by the Developer and the Owner. Provided that the Conditions Precedent have been and remain satisfied, as confirmed by the Executive Director or his designee, the Agency shall disburse to the Develope the Agency Assistance Amount within thirty (30) days following receipt of written request therefor ade after the issuance of a Certificate of ompletion for all of the Improvements pursuant to Sec n 312. C. [§2031 Conditions Precedent The Agency shall not be obligated to make any disbursement of the Agency Assistance Amount unless all of the following conditions precedent are satisfied: (a) the Developer provides proof reasonably satisfactory to the Executive Director that the Developer has acquired title to the Site. Such may consist of a copy of a title insurance policy showing vesting in the Developer, or such other evidence as the Executiye Director or her designee shall deem sufficient; (b) the Developer and the Owner provide proof satisfactory to the Agency that all real property taxes levied with respect to the Combined Owner Area have been paid, and that no such taxes are delinquent; (c) the Owner (and, should the Developer acquire an interest in title, the Developer) executes and causes to be recorded the Agreement to Be Recorded Affecting Real Property; (d) the Developer shall have paid in full to the City of San Jacinto all fees payable in respect to the Improvements, and the Developer additionally shall have satisfied all conditions of the Development Approvals; (e) The Owner has executed and deposited with the Option Escrow Agent the Option Escrow Instructions and the Owner Deed, with the latter duly notarized and in recordable form; (f) the Improvements have been completed in conformity with this Agreement as evidenced by issuance of a Certificate of Completion:...., ocr P1JBL:2 1070_21 94162763.0 5 Novemher 8, 1994 (g) RPE has commenced occupancy pursuant to a Conforming Lease; (h) there exists no Default, as defined in Section 601 of this Agreement, or event, omission or failure of condition which would constitute a Default after notice or lapse of time, or both; and (i) the Developer and the Owner have delivered to Agency all documents, instruments, policies, and forms of evidence or other materials to he provided to Agency and as may be requested by Agency duly executed under the terms of this Agreement. The foregoing conditions lettered (a) to (i), inclusive, shall collectively constitute the "Conditions Precedent". D. [§204] Brokers The Agency shall not he liable for any real estate co fissions or brokerage fees which may arise herefrom. The Owner assumes all responsibility fo any remuneration payable to Broker Company [replace with actual name. or revise if no brokers], and its officers, agents, and employees ("Broker Company"), and agrees to defend, indemnify and hold harmless the Agency parties from and against any claim with respect to such commissions based upon claims made by Broker Company or any other agents, brokers, or finders in connection with this Agreement, the lease of the Site, the use of all or any portion of the Combined Owner Area, or the conveyance of Lot 3 to the Agency. E. [§205] Option to Acquire Lot 3 At all times during the period commencing with the execution of this Agreement by the Agency and continuing until the fifth anniversary of such execution by the Agency (the "Option Period"), the Agency shall have the option to acquire Lot 3, which the Owner agrees to sell for the sum of Dollars ($ ) (the "Lot 3 Price"). The Agency and the Owner have provided for an escrow to be established (the "Option Escrow", as described in Section 206 of this Agreement) to facilitate and implement the conveyance of Lot 3 from the Owner to the Agency should the Agency hereafter elect to exercise its option to acquire Lot 3. The Agency Option shall be in addition to any other rights the Agency or City may have to acquire Lot 3 or any portion(s) thereof, including, without limitation, the use of the power of eminent domain. The Owner shall not enter into a sale, lease, or other conveyance or pledge of Lot 3,nQ r shall Lot 3 be used as collateral for any loan, during the Option Period unless the express Written approval of the Agency is obtained which explicitly (i) consents to and approves any such sale, lease, conveyance, pledge, or use as collateral, and (ii) references this Section 205. The Agency may grant, withhold, or grant subject to conditions its consent and approval at its sole and absolute discretion. eUBL:21070e21941B2763.0 6 November 8, 1994 In the event that, during the Option Period, the Owner desires to sell, lease or convey Lot 3, the Owner shall provide written notice to the Agency of the exact and complete terms of the sale. lease, or conveyance, attaching thereto a photocopy of the bonafide offer and counteroffers, if any, duly executed by both the Owner and the prospective transferee, the price and all other consideration proposed, and any information available to the Owner concerning the intended use and development of Lot 3 on the part of the proposed transferee ("Transfer Request Submittal"). Upon receipt of the Transfer Request Submittal, the Agency shall evaluate such Submittal for completeness, and will notify the Owner within a reasonable time as to whether additional material is necessary to evaluate such Submittal. The Executive Director will proceed, on behalf of the Agency, to review the Submittal. In the event that the Submittal is for a sale of Lot 3 at a price of not to exceed Dollars ($ (the "Lot 3 Price") [number to be inserted, based upon $2.00 PSF, but a fixed number], the Agency shall, within forty-five (45) days of its receipt of the Submittal determine whether it desires to exercise its option to acquire Lot 3 at such time. If the Agency desires to exercise its option to acquire, it shall so notify the Owner in writing, and the parties shall proceed with diligence with the Option Conveyance pursuant to the provisions for the Option Escrow. If the Agency determines that it will not proceed to acquire Lot 3 at such time, it will so notify the Owner, whereupon the Owner shall have sixty (60) days commencing from the date notice is given by the Agency to sell Lot 3 for a price not in excess of the Lot 3 Price (the "Forbearance Period"); such sixty (60) day period shall he subject to extension provided that the prior written approval of the Executive Director is first obtained. If the sale of Lot 3 is not accomplished within the Forbearance Period, as evidence by the transfer of title by conveyance to an unrelated third party in an...arm's length transaction, the Agency Option shall continue in effect during the remainder ot the Option Period. If the Agency upon receipt of the Transfer Request Submittal determines that the Agency will not proceed to acquire Lot 3 at such time, it will execute such instruments as may be necessary to evidence its consent to such transfer. In the event the written approval of the Agency is first obtained to a transfer in conformity with this Section 205, the Agency Option will terminate effective upon such conveyance. Period. This Section 205. and the Agency Option, shall terminate at the end of the Option In the event the Agency determines to purchase Lot 3, it may proceed pursuant to Sections 205 and 206 of this Agreement without securing of further written approval or consent by the Owner. F. [§206] Option Escrow Within fourteen ( A days after the Agency approves this Agreement, the Agency shall open an escrow with Chicago Title Insurance Company or another mutually agreeable escrow holder ("Option Escrow") for the purpose of holding the grant deed by the Owner referred to in Section 205, above, (collectively, the "Owner Deed") in accordance with the Owner Escrow Instructions. PuBL.21070_21941 B2763 .0 7 Novemher 8. 1994 The Option Escrow Instructions shall provide that the Option Escrow (and the agent handling such Option Escrow, namely. the ''Option Escrow Agent") shall hold the Deed until such time as: (i) the Agency exercises its option to acquire Lot 3, in which event the escrow shall proceed as provided in the Option Escrow Instructions, or (ii) the Agency advises the Option Escrow Agent in a writing by the Executive Director with signature duly notarized that the Deed be returned to the Owner unrecorded, or (iii) as of the "Option Expiration Date". as set forth in the Option Escrow Instructions, the Agency has not exercised its option to purchase Lot 3, in which event the Deed is to be returned to the Owner unrecorded. Agency hereby agrees to give Owner five (5) days' notice prior to advising Option Escrow of the exercise of its option to acquire Lot 3, but failure to give such notice shall not affect the validity of the Deed or modify the Option Escrow Instructions. Agency shall have, at its option and at its sole cost and expense, the right to obtain title insurance respecting its interest in Lot 3 pursuant to the Deed. The Owner shall be responsible to pay any property taxes and assessments which are due and payable in respect to the period of time during which the Owner holds title to Lot 3; this obligation shall survive the close of the Option Escrow and the termination of this Agreement. G. [§207] Additional Owner Warranties In connection with the Agency's exercise of its rights pursuant to Sections 206 and 207. and the vesting of title to Agency of Lot 3, Owner shall, upon written request from Agency, represent and warrant to Agency in writing as follows: a. That Owner has not used, located on, released, stored, manufactured, generated or disposed of, Hazardous Substances in, upon, under, about or transported to or from Lot 3, including, without limitation. the soil and ground water thereunder; and b. Owner has not incorporated Hazardous Substances into, or used in, the construction by Developer of any improvements in or on Lot 3; and c. That Owner has not placed any above ground or underground tanks or storage facilities in, upon, under or about Lot 3; and d. That Owner has no knowledge of the existence of Hazardous Substances in. on. upon. or under Lot 3. For purposes of this Section 207: a. "Applicable Law" shall include, without limitation, the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et California Health and Safety Code Sections 25100. et 25300 et seq., and 25280 et seq., and California Government Code Section 37103. Rm.:21070_21941[327610 8 November 8, 1994 b. "Hazardous Substances" shall include any substance which at the time of the execution of this Agreement or as subsequently enacted shall be listed as "hazardous" or "toxic" in Applicable Law and the regulations implementing the Applicable Law. The term "Hazardous Substances" shall also include, without limitation, asbestos containing materials, petroleum and petroleum by-products. III. [§300] DEVELOPMENT OF THE SITE A. [§301] Development of the Site by the Developer 1. [§302] Scope of Development The Developer shall, by the respective times established therefor in the Schedule of Performance, commence and complete the Improvements, as described in the Scope of Development. The Developer shall construct or cause to be constructed the Improvements in compliance with all the zoning, planning and design review requirements of the City of San Jacinto, the Redevelopment Plan, the Municipal Code of the City of San Jacinto and all nondiscrimination, labor standard, and wage rate requirements to the extent such labor and wage requirements are applicable. 2. [§303] Cost of Development All costs for planning, designing, and constructing the Improvements shall be borne exclusively by the Developer; provided that Section 202 shall be enforceable according to its terms. The Developer shall also bear all costs related to discharging the duties of the Developer set forth in this Agreement. 3. [§304] Construction Schedule The Developer shall promptly begin and thereafter diligently prosecute to completion the construction of the Improvements. The Developer shall commence and complete all construction and development of the Improvements within the times established therefor in the Schedule of Performance. 4. [§305] Bodily Injury and Property Damage Insurance; Indemnity Each of the Developer and the Owner agree to and shall defend, indemnify, release, assume all responsibility for, and hold the City and the Agency, its officers, employees and agents, harmless from, all claims or suits relating to the subject matter of this Agreement or the implementation hereof including, without limitation, claims for relocation assistance or benefits as may be asserted by any current or former occupant of any portion of the Combined Owner Area pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.), the California Uniform Relocation Law (Government Code Section 7260 et seq.), the Uniform Relocation Assistance and Real Property Acquisition Policies Act (42 U.S.C. Section 4601 et seq.) or any other federal, state or local enactments providing for P uBL2I070 _21941 B2763.0 9 November 8, I994 relocation assistance or benefits in connection with the development of the Site or this Agreement (and including, without limitation, the conveyance of Lot 3 to the Agency should that occur pursuant to Section 205), and for, and damages to, property and injuries to persons, including accidental death (including attorneys fees and costs), or interruption to or damage to a business or goodwill, which may be caused by any of the activities of Developer or Owner under this Agreement, whether such activities or performance thereof be by the Developer or Owner or anyone directly or indirectly employed or contracted with by the Developer or Owner and whether such damage shall accrue or be discovered before or after termination of this Agreement. Developer and Owner shall not be liable for property damage or bodily injury occasioned by the sole active negligence of the Agency or its designated agents, or employees. The Developer or the Owner shall take out and maintain until (i) the completion of the Improvements as determined by the Agency pursuant to Section 315 of this Agreement if an "occurrence" policy is obtained, or (ii) the second anniversary of the completion of the Improvements if a "Claims Made" policy is obtained, a comprehensive liability policy in the amount of One Million Dollars ($1,000,000) combined single limit policy, including contractual liability, as shall protect the Developer, Owner, City and Agency from claims for such damages. The Developer or the Owner shall furnish a notarized certificate of insurance countersigned by an authorized agent of the insurance carrier on a form approved by the Agency setting forth the general provisions of the insurance coverage. This countersigned certificate shall name the City and the Agency and their respective officers, agents, and employees as additionally insured parties under the policy. The certificate by the insurance carrier shall contain a statement of obligation on the part of the carrier to notify City and the Agency of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination. Coverage provided hereunder by the Developer or the Owner shall be primary insurance and not contributing with any insurance maintained by the Agency or City, and the policy shall contain such an endorsement. The insurance policy or the certificate of insurance shall contain a waiver of subrogation for the benefit of the City and the Agency. The required certificate shall be furnished by the Developer or the Owner by the time established in the Schedule of Performance for the satisfaction of the Conditions Precedent, The Developer or the Owner shall also furnish or cause to be furnished to the Agency evidence satisfactory to the Agency that any contractor with whom it has contracted for the performance of work on the Site or otherwise pursuant to this Agreement carries workers' compensation insurance as required by law. The Owner and the Developer hereby waive, release and discharge forever the Agency and the City, and their employees, officers, agents and representatives, from all present and future claims, demands, suits, legal and administrative proceedings and from all liability for damages, losses, costs, liabilities, fees and expenses, present and future, arising out of or in any way connected with the Agency's or the City's use, maintenance, ownership or operation of Lot 3 and any condition of environmental contamination on Lot 3 and the Site, or the existence of Hazardous Substances in any state on the Site, however they came to be emplaced there. P1IEL:2 0702 941 H2763.0 10 November 8, 1994 The Owner and the Developer acknowledge that they are aware of and familiar with the provisions of Section 1542 of the California Civil Code which provides as follows: lows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." In connection with the rights and benefits of this Section 305, the Developer hereby waives and relinquishes all rights and benefits which it may have under Section 1542 of the California Civil Code. [§306] City and Other Governmental Agency Permits Before commencement of construction or development of any buildings, structures or other works of improvement upon the Site, the Developer shall, at its own expense, secure or cause to be secured any and all .ermits which may be required by the City or any other governmental agency affected by such construction, development or work ("Development Approvals"); provided that Sections 202, 303 and 304 shall be enforceable according to their terms. Execution of this Agreement does not constitute the granting of or a commitment to obtain or to assist in obtaining any required land use entitlements or approvals required by the City. The Developer and the Owner assume full responsibility for and shall comply with all provisions of the Subdivision Map Act and the local subdivision ordinance applicable to the development or financing of the Improvements. 6. [§307] Rights of Access For the purpose of assuring compliance with this Agreement, representatives of the Agency and the City shall have the right of access to the Site without charges or fees, at normal construction hours during the period of construction for the purposes of this Agreement, including, but not limited to. the inspection of the work being performed in constructing the improvements, so long as they comply with all safety rules. Such representatives of the Agency or of the City shall be those who are so identified in writing by the Executive Director of the Agency. 7. [§308] State and Local Laws The Developer shall carry out the construction of the Improvements in conformity with all applicable laws, including all applicable state labor standards and the provisions of the City of San Jacinto Municipal Code. S. [§309] Antidiscrimination During Construction The Developer, for itself and its successors and assigns, agrees that in the construction of the Improvements provided for in this Agreement, the Developer will not discriminate against any employee or applicant for employment because of race, color, creed, religion, age, sex, marital status, handicap, national origin or ancestry. vuBu21070_2I941 B2763.0 1 J November 8, 1994 B. [§310] Taxes, Assessments. Encumbrances and Liens The Developer or the Owner shall pay prior to delinquency all real estate taxes and assessments on the Combined Owner Area. The Developer shall hold harmless the Agency from and against any liability or claim with respect to real estate taxes or assessment in connection with the Site or Improvements thereon. C. [§311] Prohibition Against Assignment of Agreement Except as expressly permitted by this Agreement, including Section 108 hereof, the Developer shall not, without prior written approval of the Agency, make any total or partial assignment of its rights or obligations pursuant to this Agreement. D. [§312] Certificate of Completion Ott 0 Promptly after completion o the Improvements, th- Agency shall furnish the Developer with a Certificate of Completio upon written request the efor by the Developer. The Agency shall not unreasonably withhold such Certificate of Completon. The Certificate of Completion shall be substantially in the form of Attachment No. 6 hereto. The Executive Director may execute the Certificate of Completion on behalf of the Agency. Such Certificate of Completion shall be a conclusive determination of satisfactory completion of the Improvements and the Certificate of Completion shall so state. After recordation of such Certificate of Completion, any party then owning or thereafter purchasing, leasing or otherwise acquiring any interest therein shall not (because of such ownership, purchase, lease or acquisition) incur any obligation or liability under this Agreement, applicable to the portion covered by such Certificate, except as provided in Sections 305, 306, 310 and 601 of this Agreement, and as may be provided pursuant to the Agreement to Be Recorded Affecting Interest In Real Property. A Certificate of Completion shall be in such form as to permit it to be recorded in the Recorder's Office of Riverside County. If the Agency refuses or fails to furnish a Certificate of Completion, after written request from the Developer. the Agency shall, within thirty (30) days of written request therefor, provide the Developer with a written statement of the reasons the Agency refused or failed to furnish a Certificate of Completion. The statement shall also contain Agency's opinion of the _ actions of the Developer must take to obtain a Certificate of Completion. If the reason for such refusal is confined to the immediate availability of specific items of materials for landscaping, the Agency will issue its Certificate of Completion upon the posting of a bond by the Developer with the Agency in an amount representing a fair value of the work not yet completed. If the Agency shall have failed to provide such written statement within said thirty (30) day period, the Developer shall be deemed entitled to the Certificate of Completion. Such Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any holder of any mortgage. or any insurer of a mortgage securing money loaned to finance the improvements, or any part thereof. Such Certificate of Completion is not a notice of completion as referred to in the California Civil Code, Section 3093. PUBL21070 2 i 941 B27, 63.0 12 November 8, 1994 IV. [§400] USE OF THE SITE A. [§4U 1 ] Uses The Combined Owner Area shall be devoted to uses which conform to the Amended Redevelopment Plan (and, if for any reason the Amended Redevelopment Plan shall be inapplicable, then the uses prescribed by the General Plan and zoning ordinances as shall be in effect from time to time in the City). The Owner shall execute and cause to be recorded the Agreement to Be Recorded Affecting Real Property by the time established in the Schedule of Performance for the satisfaction of the Conditions Precedent. The Developer shall cause the Site to be devoted to uses which conform to the Amended Redevelopment Plan (and, if for any reason the Amended Redevelopment Plan shall be inapplicable, then the uses prescribed by the General Plan and zoning ordinances as shall be in effect from time to time in the City). The Developer shall additionally cause a portion of the Site to be used as provided pursuant to the Conforming Lease, as more particularly provided in such Conforming Lease. The Owner covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Combined Owner Area, nor shall the Owner itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Combined Owner Area. The foregoing covenants shall run with the land. The Owner shall refrain from restricting the rental, sale or lease of the property on the basis of race, color, creed, religion, sex, marital status, handicap, national origin or ancestry of any person. All such deeds, leases or contracts affecting real property as may hereafter be entered into by the Owner with respect to the Combined Owner Area shall contain or he subject to substantially the following nondiscrimination or nonsegregation clauses: 1. In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status. handicap, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." 2. In leases: "The lessee herein covenants by and for himself or herself, his or her heirs. executors. administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: Pueu21070._ 2: 94 j B2763.0 13 Novemher 8, 1994 "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, handicap, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself. or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased." 3. In contracts: "There shall be no discrimination against or segregation of, any person, or group of persons on account of race, color, creed, religion, sex, marital status, handicap, ancestry or national origin, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the premises." B. [§4021 Effect of Violation of the Terms and Provisions of this Agreement After Completion of Construction The Agency is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own rights and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided, without regard to whether the Agency has been, remains or is an owner of any land or interest therein in the Site, Lot 3, or in the Project Area. The Agency shall have the right, if the Agreement or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled. The covenants contained in this Agreement shall remain in effect until the issuance of a Certificate of Completion as provided in Section 315, except for the following: the insurance and indemnity provisions of Section 306 shall remain in effect as set forth therein; (ii) the covenants pertaining to use of the Site in conformity with the Conforming Lease as described in Section 401 shall remain in effect for five (5) years commencing upon the start of the term of such Conforming Lease; the covenants pertaining to the use of the Site shall remain in effect as provided in the Agreement to Be Recorded Affecting Real Property; and (iv) other documents, if any, recorded pursuant to this Agreement shall be enforceable according to their terms. 14/SL:21070.2194162763.0 14 November 8, 1994 V. [§500] REPRESENTATIONS AND WARRANTIES Each of the Developer and the Owner (the Developer as to the Developer and the Owner as to the Owner) make the following representations and warranties as of the effective date of this Agreement and continuing thereafter: A. [§501] Authority The Developer and the Owner have complied with all laws and regulations concerning its organization, existence and transaction of business. The Developer has the right and power to develop the Improvements as contemplated in this Agreement. The Participant has, or at all appropriate times shall have properly obtained all permits, licenses and approvals necessary to construct the Improvements, and complied with all applicable statutes, laws, regulations and ordinances. B. [§502] Enforceability The Developer and the Owner are authorized to execute, deliver and perform under this Agreement which is a valid and binding obligation of the Developer and the Owner, respectively. Each person signing on behalf of the Developer and Owner represents and warrants that he has the authority to execute on behalf of and bind such party to this Agreement, and that no further approvals or consents are required for such parties to execute this Agreement. C. [§503] No Violation The undertakings by the Developer and the Owner in this Agreement do not violate any applicable statute, law, regulation or ordinance or any order or ruling of any court or governmental entity, or conflict with, or constitute a breach or default under, any agreement by which the Developer or the Owner are bound or regulated. The Developer and the Owner are not in violation of any statute, law, regulation or ordinance, or of any order of any court or governmental entity. There are no claims, actions or proceedings pending or, to the knowledge of the Developer or the Owner, threatened against the Developer or the Owner or affecting the Site, the Conforming Lease. the Combined Owner Area, or the Improvements. D. [§504] Compliance The Developer and the Owner are familiar with all requirements of this Agreement, including, without limitation, the Scope of Development. The development of the Site and the construction of the Improvements shall conform to and comply with the requirements in the Scope of Development. NA :21070.21941B2763.0 15 November 8, 1994 VI. [§600] DEFAULTS AND REMEDIES A. [§601 ] Default The following shall constitute a "Default" under this Agreement: (a) Construction (1) Any material deviation in the work of construction from the plans and drawings submitted pursuant to Section 303, or the appearance or use of defective workmanship or materials in constructing the Improvements, and Developer's failure to commence to remedy the same to Agency's satisfaction within thirty (30) days of Agency's written demand to do so and diligently prosecute same to completion; or (2) the cessation of construction of the Improvements prior to completion for a continuous period of more than thirty (30) days (except as caused by event for which delay may be permitted under Section 703); or (4) the failure to complete the Improvements by the time established therefor in the Schedule of Performance; or (b) Performance of Obligations The Developer's or Owner's failure to perform its respective obligations under this Agreement, including without limitation the obligation to cause operations on the Site to conform with Section 401 and the Agreement to Be Recorded Affecting Real Property, or the obligation of the Owner to convey Lot 3 to the Agency pursuant to Sections 205 and 206. However, if a specific time is provided for the remedy of such failure, the Developer's or Owner's failure to perform will not constitute a Default until the specified time period expires; or (c) Representations and Warranties (1) The breach of any of Developer's or Owner's representations or warranties in this Agreement, unless such breach is cured within a reasonable period of not to exceed sixty (60) days after notice by Agency; or (d) Voluntary BankruptcyInsolvency. Dissolution (1) The Developer's or Owner's filing of a petition for relief under the Bankruptcy Reform Act of 1978. as amended or recodified ("Bankruptcy Act"), or under any other present or future state or federal law regarding bankruptcy, reorganization or other relief to debtors (collectively, "Debtor Relief Law"); or (2) the Developer's or Owner's filing any pleading in any involuntary proceeding under the Bankruptcy Act or other Debtor Relief Law, which admits the jurisdiction of the court or the petition's material allegations regarding Participant's insolvency; or (3) the Developer's or Owner's making a general assignment for the benefit of creditors; or (4) the Developer's or Owner's applying for, or the appointment of, a receiver, trustee. custodian or liquidator of the Developer or Owner or any of its property; or (5) the death of the general partner of the Developer or the Owner, or the filing by or against the Developer or Owner of a petition seeking the liquidation or dissolution of Developer or Owner or the commencement of any other procedure to liquidate or dissolve Developer or Owner; or PUBL:2 1070_21 941 B2763.0 16 November 8, 1994 Involuntary Bankruptcy The Developer's or Owner's failure to effect a full dismissal of any involuntary petition under the Bankruptcy Act or any other Debtor Relief Law, that is filed against the Developer or Owner or in any way restrains or limits the Developer or Owner or the Agency regarding the Site or the Improvements, prior to the earlier of the entry of any order granting relief sought in the involuntary petition, or thirty (30) days after the date of filing of the petition. B. [§602] Remedies In the event that the Developer or Owner is in Default of this Agreement as specified in Section 601, the Agency may suspend payment of amounts otherwise payable pursuant to Section 202 of this Agreement until such default has been cured; provided that the Agency shall further be entitled to terminate this Agreement without making payment of amounts otherwise payable pursuant to Section 202 in the event such default has not been cured by the time required pursuant to this Agreement for the cure of such default (and, if no time is specified, within ninety (90) days from the date notice of default is given by the Agency). The Agency shall additionally have all other remedies which are provided for pursuant to this Agreement (including without limitation the right to impose a waiver of payments pursuant to Section 202(2)) as well as such additional remedies as may be available at law or equity. C. [§603] Legal Actions 1. [§604] Institution of Legal Actions In addition to any other rights or remedies and subject to the restrictions in Section 401, a party may institute legal action to seek specific performance of the terms of this Agreement, or to cure, correct or remedy any Default, to recover damages for any Default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, State of California, in an appropriate municipal court in that county, or in the United States District Court in the Central District of California. [§605] Applicable Law The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 3. [§606] Acceptance of Service of Process In the event that any legal action is commenced by the Developer or the Owner against the Agency, service of process on the Agency shall be made by personal service upon the Executive Director or in such other manner as may be provided by law. FUEL21070_2194763.0 17 November 8. 1994 In the event that any legal action is commenced by the Agency against the Developer. service of process on the Developer shall be made by personal service upon Richard Walker, or in such other manner as may be provided by law. Service shall be valid whether made within or without the State of California. In the event that any legal action is commenced by the Agency against the Owner, service of process on the Owner shall be made by personal service upon Robert Howe, — or in such other manner as may be provided by law. Service shall be valid whether made within or without the State of California. D. [§607] Rights and Remedies Are Cumulative Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. E. [§608] Inaction Not a Waiver of Default Any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect. assert or enforce any such rights or remedies. F. [§609] Remedies and Rights of Termination 1. [§610] Termination by the Participant This Agreement may at any time prior to the disbursement of the first dollar of the Agency Assistance Amount, at the option of the Developer, he terminated by written notice thereof to the Agency, and thereupon neither the Agency, nor the Developer, nor the Owner shall have any further rights against the other under this Agreement or with respect to the subject matter of this Agreement, nor in such event shall the Combined Owner Area be subject to, or affected by, any term or provision of this Agreement including without limitation the attachments hereto [provided that, if, as of such time, the Agreement to Be Recorded Affecting Interest in Real Property has been recorded, then such Agreement (Attachment No. 5) shall be enforceable according to its terms]. 2. [§61l] Termination by the Agency In the event that: (i) prior to disbursement of the Agency Assistance Amount: (a) the Developer or the Owner do not submit certificates of insurance and related documents as required by this Agreement, in the manner and by the dates respectively provided in this Agreement therefor and any such Default or failure shall not be cured within ninety (90) days after the date of written demand therefor by the Agency; or (b) there is a change in ownership,. management or control contrary to Section 108 of this Agreement; or PuBL:21070_2194182763.0 18 November 8, 1994 (ii) in the event that the Developer or the Owner fail to satisfy all of the Conditions Precedent (as defined in Section 203 of this Agreement) by the time established therefor in the Schedule of Performance; then this Agreement and any rights of the Developer or the Owner or any assignee or transferee in the Agreement, or arising therefrom with respect to the Agency, may, at the option of the Agency, be terminated by the Agency. In the event of termination under this Section 611, no party shall have any rights against any other or with respect to the Combined Owner Area (or any portion thereof) pursuant to this Agreement or with respect to the subject matter of this Agreement. nor shall the Combined Owner Area (or any portion thereof) be subject to, or affected by, any term or provision of this Agreement or any attachment hereto. G. [§612] Rights and Remedies After Disbursement of the Agency Assistance Amount After the disbursement of any of the Agency Assistance Amount, the Agency and the Developer shall have the right to pursue any remedy authorized by law or equity or otherwise set forth in this Agreement, including, without limitation, the Attachments hereto, and the Owner shall have those rights to receive payment upon conveyance to the Agency of Lot 3, as more particularly provided in the Option Escrow Instructions. VIL [§700] GENERAL PROVISIONS A. [§701] Notices. Demands and Communications Among the Parties Written notices, demands and communications among the Agency, the Developer, and the Owner shall be sufficiently given if delivered by hand or dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of the Agency, the Developer. and the Owner at the addresses specified in Sections 105, 106 and 107, respectively. Such written notices, demands and communications may be sent in the same manner to such other addresses as a party may from time to time designate by mail as provided in this Section 701. Any written notice. demand or communication shall be deemed received immediately if delivered by hand and shall be deemed received on the tenth day from the date it is postmarked if delivered by registered or certified mail. B. [§702] Conflicts of Interest No member, official or employee of the Agency shall have any personal interest, direct or indirect. in this Agreement. nor shall any member, official or employee participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. PUBL:21070_2194 B2763.0 19 November 8. 1994 C. [§703] Enforced Delay: Extension of Times of Performance In addition to specific provisions of this Agreement, performance by any party hereunder shall not be deemed to be in Default, and all performance and other dates specified in this Agreement shall be extended, where delays or Defaults are due to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; acts or omissions of the other party; acts or failures to act of the City of San Jacinto or any other public or governmental agency or entity (other than the acts or failures to act of the Agency which shall not excuse performance by the Agency); or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of Agency, the Developer, and. if applicable, the Owner. Notwithstanding the foregoing portion of this Section 703, the Developer is not entitled pursuant to this Section 703 to an extension of time to perform because of: (i) past, present, or future difficulty in obtaining suitable temporary or permanent financing for the development of the Improvements, (ii) the failure or inability to obtain title to the Site, (iii) any failure or inability to obtain any approval or consent of the Owner to the extent required pursuant to this Agreement, including without limitation the attachments hereto, or (iv) the failure or inability to enter into a Conforming Lease. D. [§704] Executive Director Authorized to Act for Agency Whenever this Agreement provides for an action to be taken by the Agency, then, except to the extent that provisions of applicable law or the context may otherwise require, such action may he taken by the Executive Director of the Agency on behalf of the Agency. E. [§705] Non -liability of Officials and Employees of the Agency No member, official or employee of the Agency or the City shall be personally liable to the Developer or the Owner, or any successor in interest, in the event of any Default or breach by the Agency (or the City) or for any amount which may become due to the Developer or the Owner or their successors, or on any obligations under the terms of this Agreement. F. [§706] Heirs. Successors & Assigns. The terms of this Agreement shall be binding upon and inure to the benefit of the heirs. successors and assigns of the parties. PUEL:21070_21941132763.0 20 November 8, 1994 G. [§707] Time of the Essence It is understood and expressly agreed that time is of the essence for the performance of each and every covenant, condition and obligation of this Agreement. VIII. [§800] ENTIRE AGREEMENT; WAIVERS: AMENDMENTS This Agreement is executed in three (3) duplicate originals, each of which is deemed to be an original. This Agreement includes pages l through 23 and Attachments Nos. 1 through 10, which constitute the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the Agency, the Developer, and, if applicable, the Owner, and all amendments hereto must be in writing by the appropriate authorities of the Agency, the Developer, and, if applicable, the Owner. For the purposes of this Section 800, changes to the Conforming Lease shall not he deemed to require approval by the Owner. In any circumstance where under this Agreement either party is required to approve or disapprove any matter, approval shall not be unreasonably withheld. IX. [§900] TIME FOR ACCEPTANCE OF AGREEMENT BY AGENCY This Agreement, when executed by the Developer and the Owner and delivered to the Agency, must be authorized, executed and delivered by the Agency on or before thirty (30) days after signing and delivery of this Agreement by the Developer and the Owner or this Agreement shall be void, except to the extent that the Developer and the Owner shall consent in writing to a further extension of time for the authorization, execution and delivery of this Agreement. The date of this Agreement shall be the date when it shall have been signed by the Agency. PuBL:21070_21941B2763.0 21 November 3, 1994 IN WITNESS WHEREOF, the Agency, Owner, and Developer have signed this Agreement on the respective dates set forth below. SAN JACINTO REDEVELOPMENT AGENCY DATED: , 199 By: Executive Director AT PEST: Secretary APPROVED AS TO FORM: Agency Special Counsel SAN JACINTO DEVELOPERS, a California general partnership DATED: , 199 By: Dudley Gray, General Partner DATED: , 199 By: Ira Lyows. General Partner DATED: 199 By: Orvin Gilmore General Partner DATED: , 199 By: Robert Howe, General Partner [Signature continued on next page] vuau21070_2194IB2763.0 22 November 8, 1994 [Signatures continued from previous page] CITY EQUITIES, INC., a California corporation DATED: , 199_ By: Its: President DATED: , 199 By: Its: Secretary PUBu210702;94B2763.0 23 November B. 1994 State of California County of ) ss. On , 199 , before me, (name, title of officer, e.g., "Jane Doe. Notary Public") personally appeared (iatne(s) of signer(s)) • personally known to me —OR— D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity!ies, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which person(s) acted, executed the instrument. Witness my hand and official seal. (Signature of Notary) Capacity claimed by signer: (This section is OPTIONAL.) Individual D Corporate Officer(s): • Partner(s): ❑ General Limited c Attorney -in -fact Trustee(s) i=' Guardian/Conservator • Other: Signer is representing: (name of person(s) or ennty(ies)) Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICATE MUST BE A 1TACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Signer(s) Other than Named Above PU.RL:21070_21941132763.0 November 8, 1994 State of California County of ) ss. On , 199 , before me, (mime, title of officer, e.g., "Jane Doe, Notary Pubhc ) personally appeared (narne(s) signer(s)) • personally known to me —OR— • proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which person(s) acted, executed the instrument. Witness my hand and official seal. (Signature of Notary) Capacity claimed by signer: (This section is OPTIONAL.) E Individual c Corporate Officer(s): • Partner(s): General u Limited O Attorney -in -fact LI Trustee(s) O Guardian/Conservator o Other: Signer is representing: (name person(s) or enntyliest) Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Signer(s) Other than Named Above PuBL:210702 ! 941B2763 .0 November 8, 1994 State of California County of ) ss. On , 199 , before me, (name, title of officer, e.g., "Jane Doe, Notary Public") personally appeared (miners) of signer(s)) personally known to me —OR— IJ to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which person(s) acted, executed the instrument. Witness my hand and official seal. (Signature of Notary) Capacity claimed by signer: (This section is OPTIONAL.) Individual • Corporate Officer(s): o Partner(s): General E Limited • Attorney -in -fact o Trustee(s) O Guardian/Conservator O Other: Signer is representing: (name of person(s) or entzly(les) Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Signer(s) Other than Named Above buBL:21070_21941 B2763.0 November 8, 1994 State of California County of ) ss. On , 199 , before me, (name, title of officer, e.g., "Jane Doe, Notary Public") personally appeared mainersl a) signer(?), personally known to me —OR— proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which person(s) acted, executed the instrument. Witness my hand and official seal. (Signature of Notary) Capacity claimed by signer: (This section is OPT7ONAL) 0 Individual Corporate Officer(s): 0 Partner(s): E General Limited E Attorney -in -fact E Trustee(s) Guardian/Conservator 0 Other: Signer is representing: (name of person(s) or emity(es)) Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICA I E MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Signer(s) Other than Named Above PUBL:21070_21 941 B2763.0 November 8, 1994 State of California County of ) ss. On , 199 , before me, (name, title of officer, e.g., 'Jane Doe, Notary Public") personally appeared tname(s) Or Signer(s)) • personally known to me —OR— • proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which person(s) acted, executed the instrument. Witness my hand and official seal. (Signature of Notary) Capacity claimed by signer: (This section is OP770NAL.) O Individual 0 Corporate Officer(s): o Partner(s): El General n Limited • Attorney -in -fact O Trustee(s) • Guardian/Conservator .71 Other: Signer is representing: (name of person(s) or enntr(res)) Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICA I E MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Signer(s) Other than Named Above PUBL:21070_ 2 941E2763.0 November 8, 1994 State of California County of ) ss. On , 199 , before me, (name, tide of (fcer, e.g., "Jane Doe, Notary Public") personally appeared Man ) cf sibmerrs)) ❑ personally known to me —OR— • proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which person(s) acted, executed the instrument, Witness my hand and official seal. (Signature_ Notary) Capacity claimed by signer: (This section is OPTIONAL) ❑ Individual ❑ Corporate Officer(s): Partner(s): ❑ General L Limited ❑ Attorney -in -fact • Tnistee(s) Guardian/Conservator • Other: Signer is representing: (name of persons) or ennrv(res)) Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Signer(s) Other than Named Above PUHL2-070.21941B2763.0 November 8, 1994 State of California County of ) ss. On , 199 , before me, (tone, title of officer, e.g., "Jane Doe, Notary Public") personally appeared (I ?leis) of signer(s)) ❑ personally known to me —OR— ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisiher/their authorized capacity/ies, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which person(s) acted, executed the instrument. Witness my hand and official seal. (Signature of Notary) Capacity claimed by signer: (Thus section is OPTIONAL.) • individual O Corporate Officer(s): ❑ Partner(s): 0 General E Limited ❑ Attorney -in -fact ❑ Trustee(s) O Guardian/Conservator ❑ Other: Signer is representing: (name of Persons) or enkty(tes)) Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Signer(s) Other than Named Above ?u0L:21070_2 i 94I B2763.0 November 6, 1994 ATTACHMENT NO. 1 SITE MAP [To Be Inserted] ATTACHMENT NO. 1 PUBL:21070_21941132763 (Page 1 of 1) November 8, 1994 ATTACHMENT NO. 2 DESCRIPTION OF THE SITE [To Be Inserted] ATTACHMENT NO. 2 Pun:21070_2I94I82763.0 (Page 1 of I) November 8, 1994 ATTACHMENT NO. 3 SCHEDULE OF PERFORMANCE Execution of Agreement by Agency. The Agency shall approve and execute this Agreement, and shall deliver one (1) copy thereof to each of the Developer and the Owner. Commencement of Construc- tion. Developer shall commence construction of the Improvements. 3. Satisfaction of the Conditions Precedent. The Developer and Owner satisfy the Conditions Precedent, 4. Disbursement of the Agency Assistance Amount. Agency disburse to the Developer the Agency Assistance Amount. 5. Conveyance of Lot 3. Lot 3 is conveyed to the Agency. Not later than thirty (30) days after the date of execution and submission of copies of this Agreement by the Developer and the Owner. On or before the sixtieth (60th) day after the Agency approves this Agreement. and not later than February 14. 1995. On or before April 28, 1995. As set forth in Section 202 of this Agreement. Upon direction therefor of the Agency as provided pursuant to Sections 205 and 206 of the Agreement and the Option Escrow Instructions; provided that the Agency shall retain full discretion as to whether to exercise its option to purchase Lot 3. ATTACHMENT NO. 3 pum.:21070_21941132763.o (Page 1 of 1) November 8, 1994 I. ATTACHMENT NO. 4 SCOPE OF DEVELOPMENT GENERAL DESCRIPTION The Site is specifically delineated on the Site Map (Attachment No. 1) pursuant to Section 103 of this Agreement. IL IMPROVEMENTS The "Improvements" consist of the following: (i) a fully -enclosed building suitable for industrial use, consisting of approximately eighteen thousand (18,000) and not less than seventeen thousand five hundred (17,500) square feet gross floor area, together with parking and landscaping in compliance with all applicable enactments, and the "City Approvals", as defined below; and (ii) any other improvements as may be required pursuant to the approval by the City of the building described in (i), above. The satisfaction of all conditions of approval imposed by the City as part of its approval process, including without limitation public/infrastructure improvements (collectively the "City Approvals") shall be deemed to constitute part of the Improvements; provided that Section 202, insofar as it pertains to the payment of the Agency Assistance Amount, shall be enforceable according to its terms. III. STANDARDS The Developer shall obtain all City and Agency approvals required for the Improvements. The Improvements shall he constructed and maintained in conformity with the City Approvals, the Redevelopment Plan. the Agreement (including. without limitation, all Attachments thereto), and all applicable provisions of the Municipal Code of the City of San Jacinto. PUBL:21070 2194182763.0 Al ACII ENT NO. 4 (Page 1 of 1) November 8. 1994 ATTACHMENT NO. 5 RECORDING REQUESTED BY ) AND WHEN RECORDED MAIL TO: ) ) SAN JACINTO REDEVELOPMENT AGENCY ) 201 East Main Street ) San Jacinto, CA 92583 ) Attention: Brian McNabb ) ) [Space above for Recorder's Use.] This Agreement is recorded at the request and for the benefit of the San Jacinto Redevelopment Agency and is exempt from the payment of a recording fee pursuant to Government Code Section 6103. Dated: , 199 SAN JACINTO REDEVELOPMENT AGENCY By: Its: SAN JACINTO REDEVELOPMENT PROJECT San Jacinto, California AGREEMENT TO BE RECORDED AFFECTING REAL PROPERTY THIS AGREEMENT TO BE RECORDED AFFECTING REAL PROPERTY ("Agreement") is entered into this day of , 199 , by and between the SAN JACINTO REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency" or "Covenantee"), and the SAN JACINTO DEVELOPERS, a California general partnership (the "Owner" or "Covenantor"), with reference to the following: A. The Owner holds fee title to that certain real property (the "Property") located in the City of San Jacinto, County of Riverside, State of California legally described in the attached Exhibit "A". ATTACHMENT NO. 5 PueL/21070_21941B2763.0 (Page 1 of 4) November /3, 1994 B. The Property is within the San Jacinto Redevelopment Project Area (the "Project Area") in the City of San Jacinto and is subject to the provisions of the Redevelopment Plan for the Project Area adopted by Ordinance No. by the City Council of the City of San Jacinto, as amended by that certain Amendment to Redevelopment Plan as adopted by Ordinance No. on , 199 (the "Amended Redevelopment Plan"). C. The Agency, City Equities. Inc., a California corporation (the "Developer"), and the Owner have entered into Owner Participation Agreement dated as of concerning the development and use of the Property (the "OPA") which OPA is on file with the Agency as a public record. D. The OPA provides, in part. that the Owner shall execute and shall cause this Agreement to be recorded among the Official Land Records of the County Recorder of the County of Riverside. NOW, THEREFORE, THE AGENCY AND THE OWNER AGREE AS FOLLOWS: 1. The Owner, on behalf of itself and its successors, assigns, and each successor in interest to the Property or any part thereof, hereby covenants and agrees: (a) To use, devote, and maintain the Property and each part thereof, for the purposes and the uses specified in the Amended Redevelopment Plan as in effect as of the effective date of the OPA. The Property shall comply with all provisions of the Municipal Code of the City of San Jacinto. (b) To maintain the improvements and landscaping on the Property and keep the Property free from any accumulation of debris and waste materials. (c) Not to discriminate upon the basis of sex. marital status. race, color, creed, religion, national origin, or ancestry in the sale, lease, sublease, transfer or rental, or in the use. occupancy, tenure, or enjoyment of the Property or any improvements thereon, or of any part thereof. Each and every deed, lease, and contract entered into by the Owner with respect to Me Property shall be subject to substantially the following nondiscrimination or nonsegregation clauses: (1) In deeds: "The grantee herein covenants by and for itself, it successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on account of sex, marital status, race, color, creed, religion, national origin, or ancestry in the sale, lease, rental, sublease, transfer, use occupancy, tenure, or enjoyment of the land herein conveyed, nor shall the grantee itself or any persons claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants. lessees, subtenants, sublessees, or vendees in the land herein conveyed. The foregoing covenants shall run with the land." ATTACHMENT NO. 5 1070_21941 B2763.0 (Page 2 of 4) November 8, 1994 (2) In leases: "The lessee herein covenants by and for itself. its successors and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of sex. marital status, race, color, creed, religion, national origin, or ancestry, in the leasing, renting, subleasing, transferring, use, occupancy, tenure, or enjoyment of the land herein leased nor shall the lessee itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the land herein leased." (3) In contracts relating to the use of the Property: "There shall be no discrimination against or segregation of, any persons, or group of persons on account of sex, marital status, race, color, creed, religion, national origin, or ancestry in the sale, lease, rental, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land." 2. There shall be no discrimination against or segregation of any person, or groups of persons, on account of sex, marital status, race, color, creed, religion, age. national origin. or ancestry in the sale, lease, rental, sublease, transfer, use, occupancy, tenure or enjoyment of the Property or any part thereof, nor shall the Owner its successors, assigns, or successors in interest to any interest of the Owner in the Property or any part thereof, or any person claiming under or through them, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, or vendees of the Property or any part thereof. 3. The Owner shall defend, indemnify and hold harmless the Agency, the City, and their respective officers, agents and employees from and against any loss, liability, claim, or judgment relating in any manner to any interest of the Owner in the Property. The Owner shall remain fully obligated for the payment of property taxes and assessments in connection with the Property; there shall be no reduction in taxes nor any transfer of responsibility to the Agency or the City to make such payments by virtue of this Agreement or the OPA. 4. The covenants and agreements established in this Agreement shall, without regard to technical classification and designation, be binding on the Owner and any successor in interest to any interest of the Owner in the Property, or any part thereof, for the benefit of and in favor of the Agency, its successor and assigns, and the City of San Jacinto and no other persons or entities, The covenants contained in this Agreement shall remain in effect until [the termination date of the Amended Redevelopment Plan], excepting only the covenants against discrimination which shall remain in perpetuity. PU L 21070_2 941B2763.0 ATTACHMENT NO. 5 (Page 3 of 4) November 8, 1994 IN WITNESS WHEREOF. the Agency and the Owner have executed this Agreement. Dated: , 199 SAN JACINTO REDEVELOPMENT AGENCY ATTEST: Secretary APPROVED AS TO FORM Agency Special Counsel Bv: Executive Director "AGENCY" SAN JACINTO DEVELOPERS, a California general partnership Dated: , 199 By: Dudley Gray. General Partner Dated: , 199 By: Ira Lyows, General Partner Dated: . 199 By: Orvin Gilmore. General Partner Dated: , 199 Pu a u 21070 _21941 82763.0 By: Robert Howe. General Partner ATTACHMENT NO. 5 (Page 4 of 4) November 8, 1994 State of California County of ) ss. On , 199 , before me, (name, title of officer, e.g., "Jane Doe, Notary Public") personally appeared (Mimeo) of signer(q) • personally known to me —OR— E proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which person(s) acted, executed the instrument. Witness my hand and official seal. (Signature of Notary) Capacity claimed by signer: This section is OPTIONAL) • Individual 11 Corporate Officer(s): • Partner(s): 0 General 0 Limited 0 Attorney -in -fact Trustee(s) • Guardian/Conservator • Other: Signer is representing: (name of person(s) or entay(tes)) Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document: THIS CERTIFICATE MUST BE A n ACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Signer(s) Other than Named Above ATTACHMENT NO. 5 PUBL:21070_21941132763.0 November 8, 1994 State of California County of ) ss. On , 199 , before me, (name, title of officer, e.g., "Jane Doe, Notary Public") personally appeared (narne(s) ot stgner(s)) personally known to me —OR— • proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which person(s) acted, executed the instrument. Witness my hand and official seal. (Signature of Notary) Capacity claimed by signer: (This section is OPTIONAL.) o Individual O Corporate Officer(s): o Partner(s): 0 General 0 Limited fl Attorney -in -fact Trustee(s) O Guardian/Conservator • Other: Signer is representing: (name of person(s) or entaybes)) Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document, THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Signer(s) Other than Named Above ATTACHMENT NO. 5 puBu21o7o_2i941B2763,0 November 8, 1994 State of California County of ) ss On , 199 , before me, (Warne, title of officer, e,g., "Jane Doe, Notary Public") personally appeared (name(s) ,y sir�nter(s)) • personally known to me —OR— D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which person(s) acted, executed the instrument. Witness my hand and official seal. (Signature of Notary) Capacity claimed by signer: (This section is OPTIONAL) • Individual ▪ Corporate Ofticer(s): El Partner(s): lo General E Limited • Attorney -in -fact Trustee(s) Guardian/Conservator • Other: Signer is representing: (name of person(s) or enntv(zes)) Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICA I '.MUST BE A F1'ACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Signer(s) Other than Named Above ATTACIL ENT NO. 5 PUBu21070 2194182763,0 November 8, 1994 State of California County of ) ss. On , 199 before me, (name, tide of officer, e.g., "Jane Doe, Notary Public) personally appeared (tuzine(s) of signer(s)) personally known to me —OR- O proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies. and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which person(s) acted, executed the instrument. Witness my hand and official seal. (Signature of Notoq) Capacity claimed by signer: (This section is OP770NAL) O Individual 0 Corporate Officer(s): 0 Partner(s): General 0 Limited O Attorney -in -fact O Trustee(s) o Guardian/Conservator O Other: Signer is representing: (name of personist or entity(ies)i Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Signer(s) Other than Named Above Al I ACHMENT NO. 5 PuBL:21070_2194 B2763.0 November 8, 1994 State of California County of On personally appeared ) ss. , 199 , before me. we, title of officer, e.g., "Jane Doe, Notary Public") (name(s) of signer(s)) personally known to me —OR— proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which person(s) acted, executed the instrument. Witness my hand and official seal. (Signature of Notary) Capacity claimed by signer: This section is OPTIONAL) E Individual Corporate Officer(s): Partner(s): ❑ General E Limited E Attorney -in -fact Trustee(s) c Guardian/Conservator Other: Signer is representing: (name otperson(s) or enttty(tes)) Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICAI°E MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Signer(s) Other than Named Above ATTACHMENT NO. 5 66au21070.2 941 B2763.0 November 8, 1994 EXHIBIT "A" TO ATTACHMENT NO, 5 DESCRIPTION OF REAL PROPERTY All that certain land situated in the City of San Jacinto, County of Riverside, State of California. described as follows, to -wit: [To Be Inserted] EXHIBIT "A" TO Pel3E.:2 1070_21941B2763 .0 ATTACHMENT NO. 5 November 8, 1994 ATTACHMENT NO. 6 CERTIFICATE OF COMPLETION RECORDING REQUESTED BY ) AND WHEN RECORDED MAIL TO: ) ) SAN JACINTO REDEVELOPMENT AGENCY ) 201 East Main Street ) San Jacinto, CA 92583 ) Attention: Brian McNabb ) ) [Space above for Recorder's Use.] SAN JACINTO REDEVELOPMENT PROJECT San Jacinto, California CERTIFICATE OF COMPLETION OF CONSTRUCTION AND DEVELOPMENT WHEREAS. pursuant to that Owner Participation Agreement dated • 199_, by and among the SAN JACINTO REDEVELOPMENT AGENCY, a public body. corporate and politic (hereinafter referred to as the "Agency"), SAN JACINTO DEVELOPERS, a California general partnership ("Original Owner"), and the City Equities, Inc., a California corporation ("Developer"), the Developer has acquired title to that certain real property (the "Site"), legally described on the attached Exhibit "A", and WHEREAS, the Developer has constnicted the improvements thereon according to the terms and conditions of said Owner Participation Agreement (the "OPA"); and WHEREAS, pursuant to Section 312 of the OPAL after completion of the Improvements, as therein defined, the Agency shall furnish the Developer with a Certificate of Completion upon written request therefor by the Developer; and WHEREAS, the issuance by the Agency of the Certificate of Completion shall be conclusive evidence that the construction of the Improvements conforms to the OPA; and WHEREAS, the Developer has requested that the Agency furnish the Developer with the Certificate of Completion; and WHEREAS. the Agency has determined that the construction of the Improvements conforms to the OPA; ATTACHMENT NO. 6 PUEL:21070_2 941132763.0 (Page I of 2) November 8, 1994 NOW THEREFORE: 1. As provided in the OPA, the Agency does hereby certify that the construction of the Improvements has been satisfactorily performed and completed, and that such development and construction work complies with the OPA. 2. This Certificate of Completion does not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any holder of a mortgage or any insurer of a mortgage security money loaned to finance the work of construction of improvements and development of the Site, or any part thereof. This Certificate of Completion is not a notice of completion as referred to in Section 3093 of the California Civil Code, 3. Executory provisions of the OPA, including without limitation Section which provides that the Agency has an option to purchase certain land other than the "Property" as defined herein, shall remain in full force and effect. IN WITNESS WHEREOF, the Agency has executed this Certificate as of this day of . 199 . Dated: , 199 SAN JACINTO REDEVELOPMENT AGENCY ATTEST: Secretary By: Executive Director vo3L:21070_21941B2763.0 A 1 1 ACHMEN7 NO. 6 (Page 2 of 2) November 3, 1994 EXHIBIT "A" TO ATTACHMENT NO. 6 DESCRIPTION OF THE PROPERTY (To Be Inserted) EXHIBIT "A" TO P1J3L:21070_2194!132763.0 ATTACH1VIENT NO. 6 November 8, 1994 State of California County of ) ss. On 199 , before me. (name, title of officer, e.g., 'lane Doe, Notary Public") personally appeared Narne(s) of signer(s)) • personally known to me —OR— • proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which person(s) acted, executed the instrument. Witness my hand and official seal. (Signature of Notary) Capacity claimed by signer: (771is secnon is OPTIONAL.) ❑ Individual ❑ Corporate Officer(s): ❑ Partner(s): ❑ General ❑ Limited • Attorney -in -fact ❑ Trustee(s) ❑ Guardian/Conservator • Other: Signer is representing: (name of person(s) or entity(test) Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Signer(s) Other than Named Above ATTACHMENT NO. 6 puBu21070._2194162763.0 November8, 1994 ATTACHMENT NO. 7 OWNER DEED RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) San Jacinto Redevelopment Agency ) 201 East Main Street ) San Jacinto, California 92583 ) Attention: Brian McNabb ) ) Mail Tax Statements To: ) ) Same As Above. ) (Space Above Provided for Recorder) GRANT DEED The undersigned grantor(s) declare(s): Documentary transfer tax is $ computed on full value of property conveyed, or computed on full value less value of liens and encumbrances at time of sale. Unincorporated area: ( ) City of . and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SAN JACINTO DEVELOPERS, a California general partnership. hereby GRANTS to the SAN JACINTO REDEVELOPMENT AGENCY, a public body, corporate and politic, the following described real property in the City of San Jacinto, County of Riverside, State of California: ATTACHMENT NO. 7 puBL:21o7o_2941B2763.0 (Page 1 of 2) November 8, 1994 The certain real property situated in the City of San Jacinto, County of Riverside, State of California, as described as follows, to -wit: [Legal Description To Be Inserted] SAN JACINTO DEVELOPERS, a California general partnership Dated: , 199 By: Dudley Gray, General Partner Dated: , 199 Dated: , 199 Dated: , 199 By: Ira Lyows, General Partner By: Orvin Gilmore, General Partner By: Robert Howe, General Partner A I IACIINIENT NO. 7 PuBL:111070,21941B2763,0 (Page 2 of 2) November 8, 1994 State of California ) ) ss. County of ) On , 199 , before me. _e name, title of officer, e.g., "June Doe, Notary Public") personally appeared (name(s) of signer(s)) • personally known to me —OR— • proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which person(s) acted, executed the instrument. Witness my hand and official seal. (Signature eJ Notary) Capacity claimed by signer: (This section is OPTIONAL.) • Individual O Corporate Officer(s): • Partner(s): General u Limited Attorney -in -fact Trustee(s) Guardian/Conservator Other: Signer is representing: (name of person(s) or enntv(tes)) Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Signer(s) Other than Named Above ATTACHMENT NO. 7 PUBL:21070 2I94IB2763.0 November 8, 1994 State of California County of ) ss. On , 199 , before me. (name, title of officer, e.g., "Jane Doe, Notary Public") personally appeared (name(s) of signer(s)) • personally known to me —OR- O proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which person(s) acted, executed the instrument. Witness my hand and official seal, (Signature of Notary) Capacity claimed by signer: (This section is OPTIONAL.) • Individual Corporate Officer(s): O Partner(s): 0 General 0 Limited • Attorney -in -fact Trustee(s) Guardian/Conservator [1] Other: Signer is representing: (name o person(s) or entity(ies)) Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Signer(s) Other than Named Above A I ACILMENT NO. 7 PUBL210702;94!B2763.0 November 8, 1994 State of California County of ) ss. ) On , 199 , before me, (name, title of officer, e.g., "Jane Doe, Notary Pub personally appeared (nane("s) of signer(s)) ❑ personally known to me —OR— ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which person(s) acted. executed the instrument. Witness my hand and official seal. (Signature of Notary) Capacity claimed by signer: (This section is OPTIONAL.) ❑ Individual ❑ Corporate Officer(s): ❑ Partner(s): ❑ General ❑ Limited ❑ Attorney -in -fact • Trustee(s) • Guardian/Conservator ❑ Other: Signer is representing: (name of person(s) or entty(tes)) Attention Notary: Although the information requested below is OPTIONAL. it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICAIL MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Signer(s) Other than Named Above ATTACHMENT NO. 7 PUBL:21070 21941 B2763.0 November 8, 1994 State of California County of ) ss. On , 199 , before me, (name, ntle of officer, e.g., "Jane Doe, Notary Pubhc") personally appeared (natne(s) of signer(s)) personally known to me —OR— • proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which person(s) acted, executed the instrument. Witness my hand and official seal. (Signature of Notarv) Capacity claimed by signer: (771is section is OPTIONAL.) Individual • Corporate Officer(s): o Partner(s): 0 General E Limited Attorney -in -fact O Trustee(s) o Guardian/Conservator O Other: Signer is representing: (name ofperson(s) or ennty(tes)) Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Signer(s) Other than Named Above ATTACHMENT NO. 7 PUBL2107021941B2763.0 November 8, 1994 DEED AUTHORIZATION This is to certify that the interest in real property conveyed by the Grant Deed dated , 19 , from SAN JACINTO DEVELOPERS, a California general partnership, to the SAN JACINTO REDEVELOPMENT AGENCY (the "Agency"), a public body, corporate and politic, is hereby accepted by the undersigned officer or agent on behalf of the Agency pursuant to authority conferred by Resolution No. of the Agency adopted by its governing body on , 199_, and the Agency as grantee consents to recordation thereof by its duly authorized officer. DATED: SAN JACINTO REDEVELOPMENT AGENCY, a public body, corporate and politic 199 By: Executive Director ATTACHMENT NO. 7 ?uBL:21070_2'11, 94 B2763 0 November 8, 1994 ATTACHMENT NO, 8 MAP OF LOT 3 [To Be Inserted] ATTACHMENT NO. 8 (Page 1 of 1) PuEL:21070_21941 B2763 ,0 November 8, 1994 ATTACHMENT NO. 9 OPTION ESCROW INSTRUCTIONS I. Parties. San Jacinto Redevelopment Agency, a public body, corporate and politic (the "Agency" or "Grantee"), and San Jacinto Developers, a California general partnership (the "Owner" or "Grantor"). IL Recitals. A. The Agency, the Owner, and the City Equities, Inc., a California corporation (the "Developer") have entered into that certain "Owner Participation Agreement" ("Agreement") concerning property located within the San Jacinto Redevelopment Project Area of the City of San Jacinto. California. B. Pursuant to the Agreement, the Developer is to acquire an interest from the Owner in the "Site" (which Site is defined int he Agreement and is a matter as to which the Option Escrow Agent need not be concerned), and to develop certain improvements and cause certain uses to be conducted on the Site. C. Pursuant to the Agreement, the Owner has provided the Agency with an option to acquire certain real property described in Exhibit "A" to these Option Escrow Instructions; such real property is referred to herein as "Lot 3" or the "Property". D. The option of the Agency to acquire Lot 3 shall remain in effect until [insert date which is the fifth anniversary of the commencement of the Option Period] (the "Option Expiration Date"). NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: III. Agreements. 1. Opening of Option Escrow. This document constitutes the joint basic escrow instructions of the Agency and the Owner for the Option Escrow. The Agency and the Owner shall provide additional escrow instructions as shall be necessary and consistent with the Agreement. The agent under the Option Escrow ("Option Escrow Agent") is hereby empowered to act hereunder, and the Second Escrow Agent; upon indicating within five (5) days after the opening of the Option Escrow its acceptance hereof, in writing, delivered to the Agency and the Owner, shall carry out its duties hereunder. ATTACHMENT NO. 9 PUBL:21070_2194I B2763,0 (Page 1 of 4) November 8, 1994 2. Duties of Agent. Within Live (5) business days "` r the opening of the Option Escrow, the Owner shall deposit into such Option Escrow its n ant deed in the form of Attachment No. 7 to the Agreement. duly executed. acknowledged and in recordable form ("the Owner Deed"). The Option Escrow Agent shall hold the Deed until the first to occur of the following: (i) the Agency notifies the Option Escrow Agent, in writing, that it is exercising its option to acquire Lot 3, in which event, upon receipt of: (a) written conformation by the Agency that the condition of title is satisfactory or that escrow may proceed to close without regard to the condition of title, and (b) the sum of Dollars ($ ) [insert amount equal to the Lot 3 Price], less any property taxes or assessments on the secured roll as to Lot 3 payment of which is delinquent (such amount, as so reduced 'oy delinquent taxes and assessments, constituting the "Purchase Price" for purposes of these Option Escrow Instructions), the Option Escrow Holder shall proceed with diligence to record the Owner Deed with the County Recorder for Riverside County and close escrow at the earliest feasible time, and shall distribute the purchase price to Robert Howe on behalf of the Owners; or (ii) the Agency advises the Option Escrow Agent in a writing by the Executive Director of the Agency with signature duly notarized that the Owner Deed be returned to the Owner unrecorded, in which case the Option Escrow Agent shall so return the Owner Deed to the Owner unrecorded and terminate the escrow; or (iii) as of the Option Termination Date, the Agency has not notified the Option Escrow Agent that the Agency has exercised its option to purchase Lot 3, in which event the Owner Deed shall be returned to the Owner unrecorded and terminate the escrow. In the event the Agency exercises its option to acquire Lot 3, the Agency may, without necessity of further consent by the owner. direct the Option Escrow Agent that the acquisition of Lot 3 shall coincide with the furnishing to the Agency of an ALTA Owners' Extended Coverage Title Insurance Policy (or such other policy as the Agency may prescribe), insuring title in a condition deemed acceptable by the Agency. 3. Costs of Escrow. All costs and charges in connection with the conveyance of Lot 3 to the Agency shall be borne equally by the parties. The Owner shall be liable for and pay for any property taxes and assessments, if any, assessed upon Lot 3 for any time during which the Owner held title to Lot 3; this obligation shall survive the close of the Option Escrow and the termination of the Agreement. The Agency shall pay the escrow fee for the Option Escrow and any state, county or city documentary transfer taxes or stamps, recording fees and notary fees associated with the recordation of the Owner Deed. Pu3L:21070_2 941B2763.0 ATTACHMENT NO. 9 (Page 2 of 4) November 8, 1994 4. Amendment. Any amendment to these instructions shall be in writing and signed by both the Agency and the Owner. At the time of any amendment, the Option Escrow Agent shall reaffirm its agreement to carry out its duties as Option Escrow Agent under such amendment. 5. Notices. All communications from the Option Escrow Agent to the Agency or the Owner shall be directed as follows: To the Agency: San Jacinto Redevelopment Agency Attention: Executive Director 201 East Main Street San Jacinto, CA 92583 With a copy to: Stradling, Yocca, Carlson & Rauth Attention: Mark J. Huebsch, Esq. 660 Newport Center Drive, Suite 1600 Newport Beach, CA 92660 To the Owner: San Jacinto Developers Attention: Robert Howe 831 West 7th Street San Jacinto, CA 92583 Communications shall be by first-class mail, by courier, or by such other means as the parties may from time to time authorize in writing. Addresses of the parties shall be subject to change upon notification being given to the Option Escrow Agent and the other party, The general partners of the Owner, by signing below, each designate and authorize Robert Howe as the person authorized to execute documents, receive the Purchase Price, and perform all acts on behalf of the Owner in connection with this Option Escrow. 6. Liability of Option Escrow Agent. The liability of the Option Escrow Agent under this Agreement is limited to performance of the obligations set forth in these Option Escrow Instructions, SAN JACINTO REDEVELOPMENT AGENCY, a public body, corporate and politic Dated: , 199_ By: Pam Easter Executive Director vimt.:21070_21941132763 .0 [Signatures continued on next page] ATTACHMENT NO. 9 (Page 3 of 4) November 8, 1994 [Signatures continued from previous page] ATTEST: Secretary SAN JACINTO DEVELOPERS, a California general partnership Dated: , 199 By: Dudley Gray, General Partner Dated: 199 By: Ira Lyows, General Partner Dated: , 199_ By: Orvin Gilmore, General Partner Dated: , 199 By: Robert Howe. General Partner PoRL:21070 29462763.0 ATTACHMENT NO. 9 (Page 4 of 4) November 8, 1994 EXHIBIT "A" TO ATTACHMENT NO. 9 DESCRIPTION OF THE SITE The certain real property situated in the City of San Jacinto, County of Riverside. State of California, as described as follows, to -wit: EXHIBIT "A" TO ATTACHMENT NO. 9 rtiaL:2 1070_21941132763,0 November 8, 1994 ATTACHMENT NO, 10 MAP OF THE COMBINED OWNERSHIP AREA [To Be Inserted] ATTACHMENT NO. 10 (Page 1 of 1) PueL:21070_2I94!B2763.0 November 8, 1994 oisiosomosi A N JACINTO TO: Honorable Mayor and Members of the City Council FROM: Pamela L. Lee, Deputy City Clerk Via: Pamela S. Easter, City Manager DATE: November 15, 1994 RE: Minutes of Regular Meeting of October 18, 1994 Staff _Report RECOMMENDATION: Approve the Minutes of the Regular Meeting of October 18, 1994, as presented. MINUTES SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND INDUSTRIAL DEVELOPMENT AUTHORITY AND THE SAN JACINTO FINANCING AUTHORITY OCTOBER 18, 1994 1 0 CALL TO ORDER The Regular Meeting of the San Jacinto City Council was called to order at 7:38 P.M. by Mayor Hafliger at the Community Center, 625 South Pico, San Jacinto, California. Present: Councilmembers Leahy, Oaks, Solari°, Williams and Mayor Hafliger Absent: None A Moment of Silence was observed for Reflection. The pledge of Allegiance was led by Mayor Hafliger. 2.0 SPECIAL PRESENTATIONS 2.1 Certificate of Appreciation to San Jacinto Fire Department for first Defibrillation Program Save Deferred until later in the meeting. 3.0 PUBLIC COMMENTS None 4.0 REDEVELOPMENT AGENCY/FINANCING AUTHORITY None 5.0 CONSENT CALENDAR City Manager Easter requested that item 5.11 be continued to the meeting of 11/15/94, and item 5.12 be pulled and brought back. Councilmember Leahy requested that item 5.6 be pulled for discussion during closed session. October 18, 1994 City Attorney Cox advised of an amendment to item 5.5 as noted. Correct recommendation to be approve the late claim application and deny the claim. A MOTION was made by Councilmember Leahy, seconded by Councilmember Oaks, to approve the consent calendar as presented, except items 5.6, 5.11 and 5.12 which were pulled and item 5.5 which was amended. Motion carried on a 5-0 vote. 5.1 Minutes - Regular Meeting of September 20, 1994 Approved the minutes for the Regular meeting of September 20, 1994, as presented. 5.2 Minutes of Special Meeting of September 27, 1994 Approved the minutes of the Special meeting of September 27, 1994, as presented. 5.3 Minutes of Special Meeting of September 29, 1994 Approved the minutes of the Special Meeting of September 29, 1994, as presented. 5.4 Warrant Register Approved warrant numbers 38570 through 38718, dated October 15, 1994, in the amount of $583,941.75, and Payroll check numbers 3591 through 3780, dated September 16, 1994. 5.5 Claim - GTE, File #JS 95-05 Accepted late claim application and rejected the claim as presented, as recommended by the Claims Adjustor, pursuant to Government Code Section 913. 5.7 Claim - Stephen Fetbrandt, File #JS 95-07 Rejected the claim as presented, as recommended by the Claims Adjustor, pursuant to Government Code Section 913, 5.8 Claim - William Smith, File #JS 95-02-01 Rejected the claim as presented, as recommended by the Claims Adjustor, pursuant to Government Code Section 913. 5.9 Claim - Republic Insurance Co. (John & Judy Cooper), File #JS 95-02-02 Rejected the claim as presented, as recommended by the Claims Adjustor, pursuant to Government Code Section 913. 2 October 18, 1994 5.10 Approval of Amended Job Description for Customer Service Representative Amended the Customer Service Representative job description typing requirement to 30 words per minute. 5.11 Status of 1994-95 Fiscal Year Meet and Confer Proceedings Between Representatives of the City and the San Jacinto Police Officer's Association Continued to the meeting of November 15, 1994. 5 12 Approval of Personal Services Contract Tabled 5.13 Seismic Inspection Services - Award of Contract Awarded contract for seismic inspection services to Cozad and Thomsen in the amount of $5,000.00 for this contract. 5.14 Approval of Final Map - Tract 24057-1 Applicant: TMP Land Location: Rancho San Jacinto - Phase If East side of Meridian, South of Esplanade Avenue Approved Final Map 24057-1, and authorize Mayor to execute for recordation. 5.15 Final Map - Tract 28065, and Final Parcel Map 28066 Applicant: City of San Jacinto Location: Brown St. & Dana Court Approved Final Tract Map 28065 and Final Parcel Map 28066, and authorize the Mayor the execute the Final Maps for recordation. 6.0 PUBLIC HEARINGS 6.1 Ordinance Amending Soboba Springs Redevelopment Plan, specifically related to certain time limitations of the Plan Senior Planner Hults made a presentation as contained in the staff report on file with the City Clerk. Mayor Hafliger opened the public hearing. There being no speakers wishing to present testimony, Mayor Hafliger closed the public hearing. 3 October 18, 1994 A MOTION was made by Councilmember Leahy, seconded by Councilmember Solorio, to waive the reading in full and read by title only, and introduce Ordinance No. for the Soboba Springs Redevelopment Project in accordance with Health and Safety Code Section 33333,6, Motion carried on a 5-0 vote. ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN JACINTO AMENDING THE REDEVELOPMENT PLAN FOR THE SOBOBA SPRINGS REDEVELOPMENT PROJECT IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 33333.6 At this time the Special Presentation Item 2.1 was made to Fire Chief Price by Mayor Hafliger. 6.2 Ordinance Establishing Storm Water Management and Discharge Controls Public Works Director Evans made a presentation as contained in the staff report on file with the City Clerk. In response to Council, advised that most items addressed were not allowed, although there was no real law but only legal principle. Most were just common sense, i.e., not allowing trash in the storm drain, not allowing sediment to erode from the property, etc. Enforcement would come from various city personnel, building inspector, code enforcement and police officers. Ultimately the City would have to fund rigorous monitoring to meet federal requirements. Councilmember Williams felt agencies needed to start somewhere and take a stand against unfunded mandates. He could not stress enough that these things were being forced on cities by outside agencies and the community would have to pay for them, especially when many issues were already addressed by other statutes. In response to Council, advised this was one of the mandates being looked at by WRCOG. Mayor Hafliger opened the public hearing. There being no speakers wishing to present testimony, Mayor Hafliger closed the public hearing. A MOTION was made by Councilmember Leahy, seconded by Councilmember Oaks, to waive the reading in full and read by title only, and introduce Ordinance No. establishing the Storm Water Management and Discharge Controls. Motion carried on a 4-1 vote with Councilmember Williams dissenting. 4 October 18, 1994 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN JACINTO ESTABLISHING STORM WATER MANAGEMENT AND DISCHARGE CONTROLS 7.0 CITY DEPARTMENTS 7.1 AB 939 Implementation City Manager Easter made a brief presentation as contained in the staff report on file with the City Clerk. Advised that Joyce Marshall of WRCOG was present to answer questions pertaining to current diversion, the study and reanalysis based on economic conditions. Ms. Easter had been advised the actual diversion from 1993 versus what was being taken to the landfills in 1990, was 8%, but using the county wide figures it was 10%. Joyce Marshall, in response to Council inquiries, advised she did not have the records present to identify where the current diversion had come from and that the factors being used to compute the diversion rate was the new formula economically adjusted. Further, the three factors in the adjusted formula were; economics, sales transactions and population. The formula was developed by the state and actually had 27 different combinations. In addition, city data could be used from several different years, or a county wide average. A jurisdiction could use the formula which gave the best percentages, which the City was using to arrive at the 10% rate. Advised again, this was only one of the factors which would be judged, and the others were the adopted set of elements, how the elements were implemented and how close the City came to meeting the actual 25% diversion. In response to Council, advised that in 1993 there was curbside recycling taking place in mobile home parks and the commercial sector, as well as, christmas tree recycling. 7.1.1 CR&R Contract (Continued from 10/4/94) City Attorney Cox advised that contract language had been agreed upon. However, the issue related to CR&R negotiations with OK Associates, which would affect CR&R providing interim services at no cost to the City, had fallen through just hours prior to the meeting. In order to proceed as planned, the negotiations would have to begin again to implement either plan. 5 Councilmember Oaks, citing he had voted with the majority for the CR&R proposal and use of the Perris MRF to comply with AB 939. He had done so because the Citizen Focus Group supported it on a 10-3 vote after exhaustive study. He was aware that the overwhelming majority of people did not want separate recycling. The Hemet proposal did not guarantee to cover fines if diversion was not met, some concern there was leaked information and some financial hooks, and other factors he chose not to go into. He still favored consolidation with Hemet when cost savings could be realized and found Hemet to be of high integrity, but the City had a contract with OK Associates for another seven years. From the Perris feasibility study and their meeting, he learned the MRF would not be a reality in the foreseeable future, so he would move to disapprove the CR&R contract and under Section 6 of OK Associates contract, implement residential commercial and green waste recycling. Mayor Hafliger suggested that any motions be broken up, the first one addressing the CR&R contract and the other as part of item 7.1.2. City Attorney Cox agreed that would be appropriate. Further he clarified the existing section 6 of the OK Associates contract really dealt with residential source separation and any commercial or green waste would have to be re- negotiated. Councilmember Leahy stated the City had acted in good faith, and appreciated the efforts of the Perris Council to help make the MRF reality, which they had also acted in good faith, based on the information available. The feasibility study was to have solidified the signing of the contract, but if the MRF was not built then a contract could not be entered into. There were still too many variables to make the MRF feasible, which she chose not to go into all of them, but it called to extend downsizing and renegotiating contracts and get comments from other agencies, and then may be it would be ready for bonding, causing a delay of 3-6 months, so she would second the motion. October 18, 1994 A MOTION was made by Councilmember Oaks, seconded by Councilmember Leahy to reject the proposed contract with CR&R. Motion carried on a 5-0 vote. 7.1.2 Related Recycling Issues (Continued from 10/4/94) City Manager Easter inquired, in light of the action taken on item 7.1.1, what direction Council wished to take on recycling alternatives. Councilmember Williams felt this was an opportunity, to know the provisions of OK Associates contract for limited recycling. He never envisioned they were prepared for full blown recycling. He favored a city to city agreement and the JPA, and it was time for people to put aside whatever issues and look again at the Hemet contract. Hemet was fully operational and ready to go and had achieved diversion rates and their program encompasses all the programs the City would be expected to meet, from the various components to public education. Did not feel that OK Associates, with limited resources, could put together an effective all encompassing program and it would fall upon City staff to successfully achieve diversion within the community. When speaking of Hemet's financials, there was a need to be factual and not react to rumors and innuendos. They had a viable program and it would lead to future opportunities with other municipal services. It would be counterproductive to not seize the opportunity to develop a program which both agencies could be proud of, laying a foundation for future projects. He was in support of re - approaching the City of Hemet for recycling. Councilmember Oaks would like to see a recycling effort with OK Associates on an interim basis in the event the MRF in Perris would eventually be built in a year to a year and a half, and continue looking at a possible CR&R contract to deliver the waste to them at that time. Mayor Hafliger felt that during comments heard earlier, with the School District, there was a need for cooperative efforts, such as with the sports and parks. The district had done an October 18, 1994 outstanding job and provided help to the City. He found it incredible to even think of turning down the opportunity for a cooperative effort with Hemet. It was another chance to enter into a relationship with neighbors in a program that had been proven, and one in which the Council, and those who would follow, could control on a year to year basis, without worrying about a 7-10 year contract. In cooperating with Hemet it would give more tonnage to negotiate with if the MRF were built, which he was not convinced it would be. The major component of the MRF would be the leadership of Perris, and yet Perris had been through three City Managers, three City Attorneys and two Mayors in the last 6- 8 months. Was not sure they demonstrated the necessary leadership, as was in Hemet. Felt it would be the right direction to begin a program with Hemet. Councilmember Solorio felt, contrary to belief, that a contract was simply a vehicle to get from point a to point b and not all the various issues. The contract was simply words to guide each through the recycling effort, Felt there was a need for experts in the field of recycling, which San Jacinto and Hemet lacked. He would be willing to consider the Hemet proposal if there were none other before them. Felt the City owed OK Associates the opportunity to present a proposal if they had one, and if they did not, he would favor Hemet. Felt that eventually the City would be in cooperative efforts at a later date due to unfunded mandates, but was of the opinion he would like to give OK Associates the opportunity to present their proposal. If they had none, say thank you and go on with business. Councilmember Leahy felt the same as Mr. Solorio, and thought too, that eventually the City would work with Hemet on some project, but she would like to allow OK Associates the opportunity to provide a plan. Admitted they were back at square one and would like to look at the plan OK Associates could provide and see if it met the elements required. May be the MRF would never be built and the City would go to cooperative technology. At the present time San Jacinto was in control of recycles and possibly could work out some way to reap the benefits of keeping it local. October 18, 1994 What was important was the need to meet requirements and suggested promoting recycling through the churches, mobile home parks, and if education were stressed, they would get a good response from the citizens, many of which were already recycling voluntarily. A MOTION was made by Councilmember Leahy to enter negotiations with OK Associates. Councilmember Solorio indicated he would second if OK Associates already had a proposal. Alan Ognesian indicated OK Associates had a proposal to submit. Councilmember Leahy indicated she would like to see the terms, components and section 6 of the contract and the programs. Councilmember Solorio indicated he would like to see the proposal at the next meeting, with the minimum goals and how they chose to address it was up to OK Associates. Would second the motion if Councilmember Leahy amended. Councilmember Leahy agreed to amend the motion. City Attorney Cox inquired if they wanted an interim plan with the potential for a future MRF, which would not entail extensive capital purchases? Councilmember Solorio indicated it would be more beneficial on the short term contract, with the least amount of capital and investment by the City and still meet the unfunded mandate of 25%. He did not want to dictate their proposal. Councilmember Williams did not support that, and did not see where the City was heading by giving OK Associates the first shot. All agreed with what the Citizen Focus Group said 6 months ago, but it did not take a genius to figure they were influenced by CR&R perks. He also preferred to forget about the MRF in Perris, Needed to do what they had to do October 18, 1994 or come back in 3-8 months with an interim plan and try to figure out what to do again. Felt the jockeying back and forth needed to stop, because they were now back at square one and needed to make a permanent fix and come back with a full program. The City could not rely on good faith effort to protect them from potential liabilities, it needed to be backed up. The feasibility study was full of assumptions on what may or may not happen and the City needed to get beyond that, get factual documentation on what was needed. The best San Jacinto could pull out was 15%, which was the ground work of the City's own efforts with no modern technology. If the City was at 10% currently, he would prefer proposal documentation to come to the table that met the needs across the board, including public education. In reality, it would be built into the rate structure and if capital acquisition was required, then make a proposal, produce for Council the dollar perspective to meet the requirements. Cautioned the Council from entering into another interim program and suggested they use Hemet's case program as the foundation they put forward. Mayor Hafliger called for a restatement of the motion. After some clarifying discussion, the motion was amended and restated as follows: A MOTION was made by Councilmember Leahy, seconded by Councilmember Solorio, for staff to bring back the proposal from OK Associates on November 1, 1994, as a short term proposal to meet the 25% diversion unfunded mandate. Motion carried on a 3-2 vote with Councilmember Williams and Mayor Hafliger dissenting. At the hour of 8:33 P.M. Council recessed At the hour of 9:02 P.M. Council reconvened with all members present. 7.2 Vehicle Abatement Program Update - Wilson (Continued from 10/4/94) Fire Captain Wilson provided the following statistics on the program: Since January 8th, tagged 115 vehicles and towed 11. In September alone, tagged 71 and towed 53. All of that equated to 10 October 18, 1994 about 70 tons of vehicles taken off the streets and financial revenue of about $2,900. City Manager Easter commended Bob and Lisa for putting the program together and looked forward to it again next year. 7.3 Status Report on Soboba Village Landscape Improvements Public Works Director Evans advised staff had been working with the Homeowners Committee, the architect and water purveyor for more drought tolerant and low maintenance landscaping. Irrigation had been switched to drip type, ground cover changed and turf deleted and added alternatives for mulch and rock soaping. Inquired if Council wished staff to bring the plan back for their approval, or proceed if the residents agreed. Clarified that all landscaping was set up to accommodate reclaimed water. Councilmember Williams agreed with the residents recommendation if it fit the budget. Councilmember Leahy indicated a desire to at least see the plan. Staff to have a display board with the plan at the next meeting. COUNCIL CONSENSUS for staff to proceed with the Citizen Committee recommendation. 7.4 Award of Bid to Matich Corporation - 1994 Pavement Rehabilitation Project Councilmember Leahy declared an abstention on the matter due to a possible conflict of interest. Public Works Director Evans made a presentation as contained in the staff report on file with the City Clerk. Unforeseen circumstances prevented staff from determining if the appropriate funding was available and requested the matter be continued to October 25, 1994. Advised that the left turn lane costs were excessive and inquired if Council wished to proceed on that portion of the project? 11 October 18, 1994 COUNCIL CONSENSUS that the costs for the left turn lane were excessive and not proportionate to the community needs and should be deleted and the remaining bid award be continued to the meeting of October 25, 1994. 7.5 Warren Road Status Report Public Works Director Evans made a presentation as contained in the staff report on file with the City Clerk. It was staffs belief that the studies by WRCOG never seem to end, they say anytime and have been saying that for a year, and a resolve to the issue was needed. Councilmember Williams, WRCOG Representative, to contact WRCOG regarding the timing of the studies and report back to Council. Mr. Evans stated the small project north of Cottonwood was also included in the previous Matich bid and would bring the matter back on October 25, 1994, Mr. Evans outlined his meetings with CALTRANS and their concerns. It was his feeling the City might get some funding assistance, but it was all uncertain until there was an answer from WRCOG on the timing of the studies. Reviewed some alternative of using Measure A funds for more than one year. Outlined the work to be done and the justification for the cost. Council concerns: 1. Using all the funds for one area when they could be used to continue the City's patching program. 2. Concern that the project would get started and then fall short of funds to complete. COUNCIL CONSENSUS to continue the matter to the meeting of November 1, 1994. 7.6 Vosburg Alternatives Senior Planner Hults made a presentation as contained in the staff report on file with the City Clerk. Staff would follow up on the visit by the Historical Commission and possibly the Beautification Ordinance and maybe declare it a nuisance. In response to Council inquires, advised the restaurant completion date was not viable. Plans for parking had been submitted, staff suggestions made months ago, but no revised plan had been submitted. 12 October 18, 1994 It was noted that Dr. Primero was not interested in any financial assistance with the project. Staff to continue monitoring, work with the City Attorney and bring the matter back to Council on November 1, 1994. 7.7 Las Brisas Model Homes Daniel Sprott advised he had been negotiating with a contractor. He proposed that three houses be converted with an office attached, where he intended to open a law office. The contractor would take the fourth house in combination with financial arrangements. There was a problem with access, which still needed to be resolved with the adjacent landowner, and he could not yet address the feasibility of an easement. The issue regarding the sewer had been addressed, EMWD would accept a septic tank, and the engineer may have an inexpensive way to do the sewer. With regard to landscaping, curbs and gutters, he was not able to address. However, indicated he did not want to pay proportional (higher) Mello Roos fees and wanted to negotiate that. Felt the meters were no problem and the remodel would be very easy. As for the development aspects, Mr. Hoogestraat would address those. Noted that most developers felt it was not feasible to salvage the homes due to the need to redo walls uniformly, which was not the case with him. He understood the demolition would cost the City $40-50,000. He thought that the Council, should be concerned about where those funds would come from. Stated the landowner was in France and questioned if and when the City would collect. Mr. Sprott felt his primary hurdle was working with the City and the many instruments involved. The escrow had been opened and he had received a preliminary title report which he had not yet reviewed. Mostly he was concerned about the Hemet assessment district. Felt the proposal would be beneficial to both he and the City. If the City would work with him, he would promptly secure the property to prevent further access, repair the fences and provide 24 hour security, clean up the property and take care of the attractive nuisance. In response to Council inquiry, advised the one home would probably be 4,800 square feet and the other about 2,000. Mark Hoogestraat, contractor, indicated he was willing to do what ever was necessary. Felt the only problems were sewer and utilities. In response to Council inquires, advised he thought the rehab would take about 6 months after completion of the paperwork. Could renovate, but 13 October 18, 1994 needed to know what the City would require, much of which had not yet been clarified. Council comments: 1. Thought it was a good project because the demo would take awhile and at a cost to the City initially. Would favor preserving and actually seeing the house lived in. The renovations would be better than an empty field. Breaks had been given to other developers to encourage building and hoped the same would be done on this proposal. 2. Disagreed with the preservation, the units were an ongoing eyesore, which if staff had followed through from the start, this would not even be up for discussion. Even staff did not support the proposal and recommended the original demolition order. The proposal was too little, too late. Felt there were too many hurdles to accomplish and Council had been down this road before. The original demolition order, as voted by the Council, should proceed and not drag on year after year. Mr. Sprott thanked Council for those who supported his proposal. Noted that he had a large family and would not delay the project and disagreed with Council who were opposed. He would change an eyesore and attractive nuisance into a nice house, very attractive, and would do so immediately. In response to Council inquires, regarding the cost of demolition, staff advised they had bids ranging from $30-35,000. The action would be based on the Uniform Abatement of Dangerous Building Act and the funding could be collected either by creating an assessment and lien the tax bill or by a civil action to recover costs. The taxes were currently in default by 2-3 years and staff was in the process of looking at what affect the assessment lien would have and how it would be collected. Thought that, with the taxes so delinquent, it may be easier to go through a civil action. Mr. Hults, in response to Council inquiries regarding the bids, advised he thought there were two written bids, one for $47,500, which included everything from removing the houses from the property, to asphalt parking and fencing. The second was $30,000 just for the homes' demolition, $8,500 for parking and $1,500 for fencing. There was a verbal bid over the phone for $33,000 which staff was unsure of what it covered. 14 October 18, 1994 A MOTION was made by Councilmember Williams, seconded by Councilmember Solorio, to proceed with previous Council direction to demolish the Las Brisas models. Motion was amended to include denial of Mr. Sprott's request to allow a rehab of the models. Motion failed on a 2-3 vote with Councilmembers Leahy, Oaks and Mayor Hafliger dissenting. Mayor Hafliger inquired if staff could continue looking at the proposal to rehab and allow two weeks to resolve, after all, how quickly would the demo take place? City Attorney Cox advised that notices had been given and recorded. The City had received a letter from the property owner requesting the retention of the block wall and consented to everything else being done. As soon as the bids were presented to Council and the contract was let the demolition could begin. Mr. Hults, in response to Council inquiry, stated he had direction that the Council had already approve the demolition and it was not necessary to bring the bids back to Council. Mayor Hafliger suggested that the bid award and Mr. Sprott's proposal come back at the November 1, 1994, meeting, and which ever was resolved first, Council could decided which to accept. City Attorney Cox advised there would be no problem with the continuation. COUNCIL AGREED to continue the matter to November 1, 1994, at which time both Mr. Sprott's proposal and the demolition bids would be presented for Council action. Councilmembers Solorio and Williams dissented. Councilmember Williams challenged the Council to vote to rescind the demolition order and allow the houses to sit there and let visitors to the City see the eyesore, just 1/2 mile from the Welcome to San Jacinto sign, and let the community see that Council was not willing to stand by their decisions. 15 October 18, 1994 Mayor Hafliger noted that visitors had complained and something needed to be done. The matter would come back in two weeks and the contractor could present the specifics of what would be done and the plans to dean up the area, and if not, Council could move ahead with the demolition. Councilmember Leahy voiced her concern that deferments be made on the proposal, as they had been for other development. Mr. Sprott thanked the Council and requested some objective standards of what would be required. In response to Council inquiry, advised they had a 30 day escrow and it was lengthened due to some problems and was now 90 days. Mayor Hafliger advised Mr. Sprott he needed to work out the details with staff and have something definite November 1, 1994, or Council would proceed with the demolition. Mr. Sprott wanted to discuss the details. City Manager Easter advised that staff would meet with him to go over the appropriate and applicable rules and regulations, based on his intentions for the property. 7.8 Calling of Bonds, Tract 23436 Location: Southwest corner of Commonwealth and Hewitt Streets Developer: Al Johnson Senior Planner Hults made a presentation as contained in the staff report on file with the City Clerk. John Petty, representing Kerr Real Estate Investors and neighboring property owner, advised he had previously represented the sale of the property to Commonwealth's predecessor. As a condition of the sale, the lots fronting Girard and Commonwealth were released. A condition of the release required the developer to provide access and guaranteed improvement be installed. As of March, the property was foreclosed and reverted back to Commonwealth, who would like to develop in the future. It could not be developed presently due to the size of the lots. In examining the ramifications of calling the bonds, found if the extended infrastructure could be developed, it could be an asset to the superblock. 16 October 18, 1994 He proposed that Council accept option number five, to call the bonds if neighboring property owners were willing to pay City costs to call bonds and for maintenance, with the addition that copies of the bonds be provided to find more details relating to responsibilities, which had not been received yet. Until that was reviewed, he was unsure how the matter would stand. In any event, he wanted to proceed for the good of San Jacinto, City Attorney Cox, in responding to Council, stated that any action taken would be brought in the name of San Jacinto as the plaintiff. Would expect any action to be rigorously defended by the bonding company. Suggested that this was a matter of potential litigation and could be discussed in closed session. If an agreement was entered into, the City would need indemnification from other property owners and a satisfactory written agreement. Mr. Petty advised the tentative map would expire next year and they needed to know, and suggested, that an extension was not a viable option that would provide the assurances to the City to proceed. Al Johnson, representing Commonwealth Partners, felt a few things had been omitted. Stated the lot owned by Kerr Real Estate Investors could be developed, they had their own frontage on Hewitt. It was not required that he develop his property for them to develop. In looking at the bonding situation, felt it would not be successful to call the bonds. The key issue was that lots could be developed without development of theirs. They would develop when it was economically feasible. The property was owned free and clear and the first phase would be the most expensive and it would cost more to develop than it was worth. Felt that the City, if they called the bonds, would be trying to force him to take a $1/2 million loss to benefit Mr. Petty. He would leave the other legalities to the attorney. In response to Council inquiries, advised it would be in his best interest to have an extension and hopefully the economic climate would change. He further, agreed to pay all the costs for an extension of the tentative tract map. Additionally, the bond had been renewed on the project every year, and he did so in good faith. The bonding had always been current, although the previous company went insolvent, they had a new company and kept the bond active. Agreed also to provide updated bonding. 17 October 18, 1994 City Attorney Cox advised that the matter would have to be further investigated and researched to know the true facts, and if what was presented was correct, it may not do the City any good to call the bond. A MOTION was made by Councilmember Leahy, seconded by Councilmember Solorio to extend the Subdivision Agreement for two years to allow the housing market to turn around, with the owner incurring all the costs and providing the current bonding company picked up the bonding from this day forward. Motion carried on a 5-0 vote. 79 Request from Metropolitan Theatres for Collateralization of Section 108 Funding from Riverside County Economic Development Assistant Cassell made a presentation as contained in the staff report on file with the City Clerk. In response to Council inquires, advised staff would have to further explore the City's liabilities on the proposal. City Manager Easter recommended that the matter be postponed until after closed session when Mr. McNabb would be present to respond to inquires. E30 MAYOR/COUNCILMEMBER REPORTS/DISCUSSIONS Mayor Hafliger inquired regarding the Davis property. Public Works Director Evans explained the history of the flooding, staff efforts to alleviate it, and the alteration of the flows by an adjacent property owner. COUNCIL CONSENSUS for staff to work with the City Attorney and bring the matter back with a recommendation at the next meeting. Councilmember Leahy advised of the grand opening of the Youth Evaluation Service. Councilmember Williams requested consensus of Council, to request staff to review the affects of AB 828 on Proposition 172 funding. City Manager Easter advised that staff had done an analysis, and would provide that to the Council. Mayor Hafliger announced the birthday of Councilmember Williams, and that refreshments were available in his honor. 18 October 18, 1994 At the hour of 10:30 P.M. Council recessed. At the hour of 1045 P.M. Council reconvened, with all members present for closed session pursuant to the following: 9 0 CLOSED SESSION 9.1 Conference with Labor Negotiators pursuant to Government Code Section 54957.6 Agency Negotiator: Cox, Kreisler Employee Organization: San Jacinto Police Officer's Association, Public Employees of Riverside County (PERC) 9.2 Conference with Real Property negotiator pursuant to Government Code Section 54956.8 Property: Superblock, Area East of San Jacinto St. bounded by Esplanade & Commonwealth Negotiating Parties: Cantu, Lin, Carlson, Parker, Delgado, Peterson; Kranz, Urick Under Negotiation: Price and terms. 5.6 Claim - Dauna Frazier, File #JS 95-06 RECOMMENDATION: Reject the claim as presented, as recommended by the Claims Adjustor, pursuant to Government Code Section 913. At the hour of 10:52 P.M. Council reconvened in open session, with all members present, and took the following action: 5.6 Claim - Dauna Frazier, File #JS 95-06 A MOTION was made by Councilmember Leahy, seconded by Councilmember Solorio, to approve and pay the claim as presented. Motion carried on a 5-0 vote. 7.9 Request from Metropolitan Theatres for Collateralization of Section 108 Funding from Riverside County Economic Development Assistant Cassel gave a report as contained in the staff report on file with the City Clerk. COUNCIUL CONSENSUS to continue this matter to a later date so representatives from Metropolitian Theatres could be present. 19 October 18, 1994 10 0 ADJOURNMENT There being no further business to conduct, the meeting was adjourned. The hour of adjournment being 11:38 P.M. Approved by Submitted by Deputy City Clerk 20 Henry Hafliger, Mayor A N JACINTO A AD10-5:2-.= Sta ff Report TO: Honorable Mayor and Members of the City Council FROM: Pamela L. Lee, Deputy City Clerk Via: Pamela S. Easter, City Manager DATE: November 15, 1994 RE: Minutes of Special Meeting of October 25, 1994 RECOMMENDATION: Approve the Minutes of the Special Meeting of October 25, 1994, as presented. MINUTES SPECIAL MEETING SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND INDUSTRIAL DEVELOPMENT AUTHORITY AND THE SAN JACINTO FINANCING AUTHORITY OCTOBER 25, 1994 1.0 CALL TO ORDER The Special Meeting of the San Jacinto City Council was called to order at 7:31 by Mayor Hafliger at the Community Center, 625 South Pico, San Jacinto, California. Present: Councilmembers Leahy, Oaks, Solaria and Mayor Hafliger Absent: Councilmember Williams 2.0 ORDER OF BUSINESS 2.1 Award of Bid to Matich Corporation - 1994 Pavement Rehabilitation Project (continued from 10-18-94) Public Works Director Evans advised Council, that even if the City received the FEMA funding promised, to proceed with the project would leave only $3,000 in gas tax and it would be cutting it too tight in the event of any overruns on other contracts or storm damage in the upcoming winter. Recommended that Council reject all bids and direct staff to come back with a new plan for street maintenance for 1994 on November 15, 1994. A MOTION was made by Councilmember Leahy, seconded by Councilmember Oaks, to reject all bids and direct staff to bring back a new plan for street maintenance for 1994 at the November 15, 1994, meeting. Motion carried on a 4-0 vote with Councilmember Williams absent. 2.2 Metropolitan Theatre Financing (continued from 10-18-94) Community Development Director McNabb advised that additional research was necessary to respond to inquiries regarding the City's risk factors, particularly as it related to the County's participation. In addition, the Metropolitan representative was out of town until November. Recommended the matter be tabled. COUNCIL CONSENSUS to table the matter. October 25, 1994 At the hour of 7:39 P.M. Council recessed. At the hour of 7:44 P.M. Council reconvened with all members present except Councilmember Williams. 2.3 Planning Commission Interviews and Appointment Terms of Office - November 1, 1994 to October 31, 1998 Council asked each candidate, in the following order, to respond to the questions outlined in the staff report, and provided to each candidate in advance. Each was allowed 10 minutes to respond. In addition, each was asked if they were familiar with ADA (Americans With Disabilities Act) and if they were aware of how much time it took to be a Planning Commissioner. Each was advised that they would be notified once selections were made. One candidate, William J. Lopez -Herten, advised Council he wished to withdraw his application. Jim Ayres Diana Fitzpatrick Cescolini John Hickman Barry Mulcock Kathy Meadows Roslyn Marie Reeder William J. Lopez-Hertan Randy Sheppeard Ralph Slater At the hour of 8:55 P.M. Council recessed. At the hour of 9:15 P.M. Council reconvened with all members present except Councilmember Williams. Diana Tavenner Virgal Woolfolk Kenneth Cope Mike Murty COUNCIL CONSENSUS they would like to make a decision at the November 1, 1994, meeting. Discussion on how Council could narrow the field to fewer candidates and make a final decision. Directed staff to inquire of the City Attorney on the propriety of each Council selecting three choices for a second interview or for consideration of the entire Council. At the hour of 9:55 P.M. Council recessed. At the hour of 10:00 P.M. Council reconvened with all members present except Councilmember Williams, and announced closed session pursuant to the following: October 25, 1994 3 0 CLOSED SESSION 3.1 Conference with Real Property negotiator pursuant to Government code Section 54956.8 Property: Superblock, Area East of San Jacinto St bounded by Esplanade & Commonwealth Negotiating Parties: Cantu, Lin, Carlson, Parker, Delgado, Peterson, Kranz, Urick Under Negotiation: Price and terms. At the hour of 10:30 P.M. Council reconvened in open session, with all members present except Councilmember Williams, and announced no reportable action being taken. 4.0 ADJOURNMENT There being no further business to conduct, the meeting was adjourned. The hour of adjournment being 10:31 P.M. Approved by Henry Hafliger, Mayor Submitted by Dave Anderson, City Clerk Deputy City Clerk A 5 :3 Staff Report TO: Honorable Mayor and Members of the City Council FROM: Pamela L. Lee, Deputy City Clerk Via: Pamela S. Easter, City Manager DATE: November 15, 1994 RE: Minutes of Special Meeting of October 26, 1994 RECOMMENDATION: Approve the Minutes of the Special Meeting of October 26, 1994, as presented. MINUTES SPECIAL MEETING SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND INDUSTRIAL DEVELOPMENT AUTHORITY AND THE SAN JACINTO FINANCING AUTHORITY OCTOBER 26, 1994 1.0 CALL TO ORDER The Special Meeting of the San Jacinto City Council was called to order at 5:30 P.M. by Mayor Hafliger at the Community Center, 625 South Pico, San Jacinto, California. Present: Councilmembers Leahy, Oaks, Solorio, Williams and Mayor Hafliger Absent: None 2.0 CLOSED SESSION 2.1 Public Employee Discipline/Dismissal/Release, pursuant to Government Code Section 54957 At the hour of 8:59 Council reconvened in open session with all members present and announced no action being taken. 3.0 ADJOURNMENT There being no further business to conduct, the meeting was adjourned. The hour of adjournment being 9:00 P.M. Approved Henry Hafliger, Mayor Deputy City Clerk 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 DAIS: November 15, 1994 RECOMMENDATION Approve warrant numbers 38823 through 38932 dated November 15, 1994 in the amount of $606,056.99 and Payroll check numbers 3958 through 4056 dated October 28, 1994. SUMMARY A listing of accounts payable warrants is attached for your review and approval. Payroll information is available for your review in the Finance Department. PREPARED 11/10/94, 11715153 C11.9 of San Jacinto PROGRAM 0M31311 ACCOUNTS PAYABLE UPDATE LIST GROUP NUMDER 00109 PREPAIDS ACCOUNTINO PERIOD/YEARS 05/199 GROUP USER ANNE TRANS4 TRANS DATE VOUCHER BI ACCOUNT NUMPFR PRC1J E.O. VENDOR VENDOR NAME DESCRIPTION 1 DESCRIPTION 2 PAGE REPORT NUMBER 11 INvnicr NUMBER AMOUNT DUE DATE CHECK 4 CHECK DATE TYPE LAST TRANS 1.00 11/03/1994 0010611 00 010-2500-425.21-10 0001642 1'LIFF'S MEATS KED SUPPLIES-CI1Y PICNIC 0030023 10/27/1994 200 11/03/1994 001E169 00 085-0000-20221-29 0000691 LINCOLN NATIONAL STMT. FERRELL COMP DEDUCTIONS 0030024 10/2R/1794 . . . . . . 300 11/03/1991 0010 0 00 00,7-0000-202.21-30 NETT PAYROLL 0000235 CITY OF SAN JACINTO o03a075 1.0/20/1994 N 51111. 400 11/03/1994 001071 00 005-0000-202.21-29 0000607 ICMA RETIREMENT TRUST STMT. DEFERRED COMP DEDUCTIONS 00311026 10/20/1994 SOO 11/03/1991 001072 00 005-0000-202,21-41 0000069 RIVERSIDE CO. EMPLOYEES STMT. cRETAT UNION DEDUCTIONS 0070027 10/7FL/1994 600 11/03/1991 001073 00 010-1400-114.74-05 0001.068 RAY FinuzA 1CCOUNT1N0 lECHNICION SERVICES 0010828 10/711/1994 EEO 700 :11/03/1994 0018e1 00 010-3100-431.21-90 0000593 NAT HOLMES RFD REIMPURSEMEN1-NO1lICIDE. INVESTIGATION 0070029 1.0/70/1994 000 11/03/1994 001075 00 005-0000-202,21-00 0000377 UNTIED WAY OF HEMEI REP UNITED WAY CON1RIWUTI0N5 0030030 10/31/1991 900 11/03/1994 001076 00 005-0000-202.25 0000907 MASS, GENERAL LIcc INC. C STMT LIFE INSURANCE PREMIUM 0030031 10/31/1994 11 :1000 11/03/1994 001077 00 005-0000-202.21-45 0000195 1.J. FIREFIGHTERS ASSOC. WO TIRFEIGIHERS ASSOC. DUES 0070972 10/31/1991 11 1100 11/03/1991 0010711 00 005-0000-202,21-43 0000020 PUBLIC E110. ASSOC. sTMT PERC ASSOCIALION DUES 0039833 10/31/1991 1200 L1/03/1991 001879 00 095-0000-207.21-27 00001.99 EMPLOYMENT DEV. DEPT, STAlE INCOME TAX 3RD QUARTER 00314034 10/31/1994 11 REO 1300 11/10/1991 002063 00 050-9000-150.21-10 0000369 I.I.S. POSTMASTER RED PO9100E-WATER BILLS 0030036 11/09/1991 11 1100 11/10/1994 002061 00 0e5-00o0-202-21.-20 0000970 PERS REP 1-1:1:13 REfs.wvirwr CONTD. 0030037 11/01/1994 l500 11/10/1991 092065 00 005-0000-202.21.-20 0000930 PERS REP PERS RETIREMENT 0011113. 00311030 11/01/1904 11 03,94 1,252,45 91.095.43 1.211.91 3.944,02 756.00 41.71 162.06 191.00 60.00 139.90 100.06 950.00 15.299• 23 15.534.41 PREPARED 11/ '4. 1111t:Jfj3 PKOORAM I3U Cilv of Sir -loio ArrnuNTs PAVAN F Tr. LIST REPORT Nt, 2 11 GROUP NUMDER t 00109 PREPAIDS ACCOUNTING PERIOD/YEAR: 0t5/1995 GROUP USER ANNE TRANS FRANS DAW VOUCHEA DK ACCOUNT NUMBER PRIM F.O. VENDOR vrwinp NAME INVOICE NUMBER DESCRIPTION 1 DESCRIPTION 2 POE PATE CHECKt CHECK DATE TYPE LAST TRANS 1600 11/10/1994 002066 00 06-0000-201.00-64 0000024 JULENE SHAW REIMBURSEMENF-EMPLOWX FUND/NON-CITY FUNDS 00391339 11 /09 /1994 1700 11/10/1994 002067 00 039-415;5-410.40-01 71.70 0001655 ARCO PR0DUCT3. INC. 9.J, 7TH STREET TORM DRAIN IMPROVEMENT 0038940 11/09/1994 11)00 11/10/1994 002069 00 005-0000-202.21-30 0000235 CITY OF SAN JACINTO 1 PAYROLL 0030041 11/10/1994 COUNT; AMOUNT: GROUP TOTALS 1E1 323t949.25 REC4 N STMT. REN AMOUNT 70,00 95,760,78 96,479.75 PREPARED 11/10/946 11115153 City of San Jacinto PAGE 3 PROGRAM GM3130 ACCOUNTS PAYABLE UPDATE LIST REPORT NUMBER 11 GROUP NUMBER 1 001.10 ACCOUNTS PAYABLE ACCOUNTING PERT1)0/YEAR1 05/1995 GROUP USER ANNE TRANSTRANS DAM VOUCHER Bk ACCOUNT NUMBER rwIJ P.O. VENDOR VENDOR NAME INV0ICE NUMBER DESCRIPTION 1 DESCRIPTION 2 DUE BATE CHECKCHECK DATE TYPE LAST TRANS' AMOUNT 100 11/03/1991 001000 00 010-2500-125.21-10 0000997 ANADY'S TROPHIES 974(1 34.05 PLAGUE FOR DAVE ANDERSON 11/15/1994 0000000 200 11/03/1994 001091 00 01.0-3100-471.30-16 0001.540 C6C.M.S. RUG 35.00 CLETS USERS GROUP MEMBERSHIP -POLICE DEPT. 11/15/1994 0000000 300 11/03/1994 001002 00 010-7100-431611-10 0000199 EMPLOYMENT pry. DEPT. STMT. 949.00 UNEMPLOYMENT BENEEITS 11/15/1994 0000000 Jl 400 11/03/1994 001003 00 010-3300-171.11-10 0000199 EMPLOYMENT DFV, DEPT. STMT. 1.4138.0o UNEMPLOYMENT BENEFITS 11/15/1994 0000000 SOO 11/03/1994 001984 00 010-3200-431.11-10 0000199 EMPLOYMENT wv. DEPT. STMT. 1.300.00 UNEMPLOYMENT BENEFITS 11/15/1994 0000000 600 11/03/1994 001.805 00 010-1400-414.30-90 0000244 CONRAD N ASSOCIATES 94-5765 4.000.00 AuDic SERVICES FY 1997/94 CLOSING 11/15/1994 0000000 700 11/03/1994 001806 00 050-9000-450.30-90 0000244 CONRAD N ASSIEITAPIS 94-5365 073.00 AUDIT SERVICES Ei 1993/94 CLOSING 11/15/1994 0000000 aoo 11/03/1994 001897 00 055-4170-450.70-90 0000244 CONRAD h ASSOCIATES 94-5365 823.00 AUDIT SERVICES FY 1993/94 CLOSING 11/15/1994 0000000 900 11/03/1994 001000 00 096-9700-470.30-90 0000244 CONRAD F. ASSOCIATES 94-5365 500.00 AUDIF SERVICES EY 1993/94 CLOSING 11/15/1994 0000000 1.000 11/03/1994 001809 00 019-3100-471.77-50 00004147 EVANS TIRE CO. STMT. 2,040.03 TIRES & REPAIRS 11/15/1994 0000000 1100 11/03/1994 001090 00 019-4150-410.33-50 00004E13 EVANS TIRE EP. STMT, 2.325.26 TIRES ., REPAIRS 11/15/1994 0000000 1200 11/03/1994 001091 00 025-7256-410,34-05 7142 0001630 EXCEL. LANDSCAPE 19244 1.671.60 LANOSCAPL MAINTENANCE OCTOBER :1.994 11/15/1994 0000000 1300 11/03/1994 001.892 00 010-3100-431.21-10 0000494 FEDERAL EXPRESS 5-346-14003 15.50 FED EX TO PRESTIGE mpu POLICE DEPARTMENT 11/15/1994 0000000 1400 11/03/1991 001093 00 042-0501-450.60-40 0000504 FIRST INTERSTATE DANK 05767 273.00 IMPROVEMENT BOND SERVICES m• r!, 07-A 11/15/1994 0000000 1500 A1/03/1991 001094 00 010-3100-431.2J-35 000121.2 GREEN8O0D'5 801EORM11 STMT, 22,63 PATCHES FOR 1'.0, 0NTEORM5 II/15/1994 0000000 PREIARLD 11/ Y4. 111ILLAL13 1 ROORAM )31.1 City of SAT o.loto 4 ACCOUNTS PAYABIL IE LIST REPORT NI ''': 11 GROUP NUMBER I 00110 ACCOUNTS PAYABLE ACCOUNTINO PERIOD/YEAR1 05/1995 GROUP USER ANNE TRAN31% TRANS DATE VOUCHER BR ACCOUNT NUMBER PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECK4 CHECK DATE Tyrr. LAST TRANS 1600 11/03/1991 001095 00 019-3100-431.33-50 0000597 HOUSE BF QUALITY GTMT. AUTO PARTS 11/15/1994 0000000 11 1700 11/03/1994 001096 00 019-3200-431.33-50 0000597 HOUSE DE QUALITY 01111. AUTO PARTS 11/15/1994 0000000 1000 11/03/1991 001897 00 019-4150-410.33-50 0000597 ROUSE CIF QUALITY STMT. o PARTS 11/15/1994 0000000 1900 '.11/03/:L994 001090 00 019-4550-410.33-30 0000597 HOUSE OF QUALITY STMT. AUTO PARTS 11/15/1994 0000000 2000 11/03/1991 001099 00 050-9000-150.21-.00 0000597 HOUSE OF QUALITY AUTO PARTS 11/15/1994 0000000 2100 11/03/1991 001900 00 019-9000-450.33-50 0000597 HOUSE OF QUALITY 3TMT. ou'io PARTS Ai/15/1994 0000000 2200 11/03/1991 001901. 00 055-4170-450-74-05 0001649 GERALD L. JOHANNSEN 1707 CLEANED OUT 11/15/1994 0000000 2300 11/03/1991 001902 00 010-3100-431.35-17 0000674 I...A CELLULAR TETEPHONE STMT. (Al -ID cFLLut.nk I1/is/1994 0000000 2400 11/03/1994 001903 00 010-1100-411.31-20 0001.650 JAN LEAHY pro REIMBURSEMENT -LEAGUE ANNUAL CONFERENCE 11/15/1994 0000000 2500 11/03/1994 001904 00 010-1110-411.34-05 00006E16 PAMELA LEE STMT. .ArF ASSISTANCE DEPUTY CITY CLERK AI/15/1994 0000000 2600 11/03/1994 00190S 00 010-3100-471.21-15 0001651 NLC FAIDLJCATIONS CENTER MAT MADE-1991 CRIME AILL. POLICE DEPARTMENT 11/15/1994 0000000 2700 11/03/1991 001906 00 019-4550-410.37-70 0000769 NORTON DATTFRY MFG. cn. 52:1.43 BATTI1IIIY FLEET 11/15/1991 0000000 2000 11/03/1991 001907 00 010-3100-431.35-16 0000795 FAOFNET A7111002 PAGERS FOR POLICE DEPT. 11/15/1994 0000000 2900 11/03/1991 001900 00 019-3100-431.33-50 0001475 PALM SPRINGS HARLEY 6ak.rrn 3159 REPAIRS TO MOTORCYCL1 POLICE DEPARTMENT 11/15/1994 0000000 3000 11/03/1994 001909 00 010-1100-411.21-10 000:1.034 3.J. TREASURER'S PETTY CA PEG REPLENISH currY CASH 11/15/1994 0000000 AMOUNT 352479 105.13 62.05 112.10 lo.4n 3.70 45.00 41.17 253.79 609.35 23,00 116.37 145.00 301.61 6.45 PREPARED :1:I./10/94 . '1.:I. 1 1.51 53 Clty of San ,.laclntn PROGRAM 01131:3U ACCOUNTS PAYAId..E ur-nATE_ 1_TST PAGE REPORT NIJMEIF.R 11 GROUP NUMBER 1 00110 ACCOUNTS., PAYABLE ACCOUNTING F'ERII.)Lu/YEARt 05/1995 GROUP USER ANNE TRANS( TRANS DATE VOUCHER Pig. ACCOUNT' NL.IMHER IROJ P.O. VENDOR VENDOR NAME INVOICE MINDER UhiSCR1P"I:LI:1N 1 1JES:Y;R1:F'TTON 2 3100 11/03/1994 001910 00 010--1200--412.21--10 F10F: DAT'F CI1ECK't CHECK DOTE TYPE LAST TRANS 0001034 S.J. TREASURER'S PETTY l;A 7ITf FC::F'L-I::NJ'°I-I 1•C'I T'I CASH 11/15/1994 0000000 3200 11/03/1994 001911 00 0:i0--2500-425,21--10 ''FT'I...Ii'LBhi PEATY CASH 3300 11/03/1991 001.912 00 010 -3100 -431 .31. R1r:P'L..E:NTSH F'1C! i'l e CASH 100 :I.1/03/1 991 00:1.91.:5 OO iti.l0--' 200-- ".1 . 2 i -1.0 REPLENISH l''i:T'fY CASH 3500 11/03/1.994 001914 00 019.... 3200....431..21.....-i REPLENISH I'EI fY CASH N 0001.034 S.J. TREASURER'S L; PETTY CA PF:13 11./15/1994 0000000 N 0001034 S.J. TREASI.JRFR6 F'F.TTY CA WO I.1/15/1.994 0000000 0 00010'34 S.J. TREASURER'S F'('"T"i'Y CIA FiI::N 11./15/1994 0000000 IT 0001034 S.J. TREASURER'S PETTY CA PCP 1.1./I.5/1994 0000000 0 3600 11/03/.i.994 001.915 00 (110' 3:it)0- 431.1°:i.--i{) 000001:3 F'.n, PETTY CASH REP P'ELTY CASH 0I IHDI3R )0l'iLNI .I. I./1.5/:1.994 0000000 0 3700 1.1.703/1994 00191.6 00 010-2U00--431.21.-10 0000044 RADIO SHACK 1AEi`.3R:T E19: 1t41 3731 POL.S00 DEPARTMENT '11./15/1.994 0000000 EEO N 3000 11/03/1994 00191.7 00 010-..3100-'471 .30--19 0001027 RIVERSIDE 03). RI rTFFfl R00 I:oAKI:NG'S 1,00 11l1CiL1P.i'i POLICE DEPARTMENT 1..1./1S3/'1. 994 0000000 I1 3900 1.:1./03/1994 0019:i.33 00 (165-0000-229.0Et-67 0001646 RANLIAI..L.. D. rnnr 5 .LM.3IJI2f1F:: WATER/TRASH (,IETOSIT 4000 11/03/1994 0019'19 00 025; 7.i 00.--41.0.34-05 PAINT -PARK 11ATliR011Mf3 4100 1:1./03/1994 001920 00 O:i(i--3200-431.':3'.3_. Go-1LF..C)N CAN WITH 1..1:P FIRE DEPARTMENT 4200 11./03/1.994 001921 00 01.0..-2500-425421-10 70Il•'P'L.TI''£*-CITY I`i:CMIC; 4500 11./03/1994 001922 00 010....3100--431.21-_90 SUPPLIES CRIME 5CF13117 f'17i..:IiJE: DEPARTMENT 44.00 11/03/1994 00192a 00 0119--4150-410.33-50 AUTO 0l lr"i'R 1: E:IE: 1500 :I. '.I./ 0'.3/ 1991 0011 1 00 01 9... 7100-. 4 1 {7.3:3--F7.0 11/1.5/1.994 0000000 00007722 SHARP D1.11L. i1'f NI'SI1F'F"I_Y I. I./ I. `./:1.994 0000000 0000022 SHARE' BI11L.i1IN0 !;IIPF'I.Y ) 1/'.I.:'i/1.994 0000000 0000440 SMART h FINAL. RF_I) N 4ftfi 727 N 4011049 N 770'2:1 1.11.1. `5 /:I.994 0000000 1-1 0001166 STATER PROS 11/113/.1.994 0000000 0000425 STEVE' S AU 1..1. /.I.5/:1.994 0000000 1 I'"'ARTS 0000425 PITEVF°S AUTO PARTS AUTO SL1P'F'L.Il75 I..I./:I. 5/1991 0000000 402'.'.i6 N AMOUNT :1.4.40 4`.5.27 32.02 74.00 10.00 96.92 41 .67 2,310.40 1.1.97 96.07 6. 7333 :L Fib .37-1 4 .:I. ,3 50. 00 2114 . '15' PREPARE I) :I 1 /*I 4. 112:1 :5153 pROGRAil City of San Into ACCOUNTS PAYADIE E I IST P 6 REPORT Mit 1.1 GROUP NUMBER 2 00110 ACCOUNTS PAYABLE ACCOUNTING PERIOD/YEARI OS/1995 GROUP USER ANNE TRANS# TRANS DAIE VIUCHER OK ACCOUNT NUMBER PRAT P.O. VENDOR VENDOR NAME INVOICE NUMBER OESCRIPTION 1 DESCRIPTION 2 DOE DATE CHECK CHECK DATE: Typr LAST TRANS 4600 11/03/1921 001925 00 019-9000-450.37-50 0000425 STEVE'S AUTO PARTS STMT. AUTO SUPPLIEFii ILI/15/1994 0000000 4700 11/03/1994 001926 00 065-0000-310.00-64 0001652 TRUSCO TANK. INC. RECI wrow or OVERPAYMENT BUSINESS LICENSE 11/15/1994 0000000 4000 11/03/1994 001927 00 010-2500-425.21-20 0000307 XEROX CORPORATION 153000510 i-ER-COPY MACHINE 11/15/1994 0000000 GRour TOTALS COUNT: 40 AMOUNT; 22.092.09 AMOUNT 16.16 77,51> I 3i? . 00 PREPARED 11/10/94. 11:1515'3 City of SATJacinto .:.ROMAN 0M3130 ACCOUNTS PAYABLE UPDATE LIST PAGE 7 REPORT NUMBER 11 GROUP NUMBER 1 00111 ACCOUNTS PAYABLE 11-15-94 ACCOUNTING PERIOD/YEART 05/1993 GRour USER ANNE INANO TRANS DATE vourwp DR ACCOUNT NUMBER rprli P.O. VENDOR VENDOR NAME INVOICE NUMBER DESCRIPTION 1 DESCRIPTION 2 100 11/05/1991 001920 GRANTSMANSHIP PROGRAM 00 010-3100-431.31-25 DUE DATE CHECKCHECK DATE TYPE LAST TRANS 0000953 PARRY DACKLUND POST REIMBURSABLE 11/15/1994 0000000 200 f1/05/1994 001929 00 020-7100-410.40-01 6053 0000925 TODD BAGLEY LANDSCAPE LANDSCAEE SERVICE-SAIIFF DE ANZA 300 11 /05/1994 00 f930 00 065-0000-229.00-67 5E1MBLIESF WATER/TRASH peroGIT 11/15/1994 0000000 0001643 GREGORY BOSSE 11/15/1994 0000000 400 11/05/1994 001931 00 065-0000-201.07-95 0001643 GREGORY 005017 RE111FURSE OMER/TRASH OVERPAYMENT 11/15/1994 0000000 pro N Rrn 500 11/05/1994 001932 00 041-415-110.40-01 0001542 COUNTS UNLIMITED 2244 TRAFFIC COHNIS FOR WARREN ROAD 11/15/1994 0000000 600 11/05/1994 001933 00 010-1700-417.31-15 0000225 JEFF CHERRY RE() MILEAGE REINDURSEMENT 11/15/1994 0000000 700 11/05/1994 001934 00 079-9700-470.30-90 0001249 CHICAGO Trn E STMT. RIO. COUNTY TAX COLIETHOR MAP REVIEW -DROWN STREET 11/15/1994 0000000 1)00 11/05/1991 001935 00 010-3300-431.30-90 0000476 E011P.. CORPORATION FAJG..DING PLAN C111EX REVIEW FOR SUMMERSCHASF if/15/1994 0000000 39495 900 11/05/1994 001936 00 065-0000-310.06-15 0000470 DAVID EVANS 6 ASSOCIATES 05-16611 ENGINEERING SERVICES IMP LAND MORTGAGE 11/15/1991 0000000 1000 11/05/1994 001937 00 0.11)-2500-425.35-16 0000526 GENERAL TFIrcHoNp co. STmT. 41-10NE SERVICES 11/15/1991 0000000 14 1100 11/05/1991 001930 00 010-7100-471.35-16 0000526 GENERAL. TELEPHUNE CO. STMT. PHONE SERVICES 11/15/1994 0000000 1200 11/05/1994 00.1.939 00 010-77.00-471-31-75 0001644 THE DRANSTMANSHIP crNwp pp° 5RANISHANSHI7TRAINING DACRIUND-POST REAMB, 11/15/1994 0000000 1300 11/05/1994 001940 00 055-4170-450.34-05 0000639 JIMNI SYSTEMS, INC. 1740 MONTHLY MAINTENANCE ON SEWER LTFT STATION 11/15/1994 0000000 17 :1.400 11/05/1994 001911 00 065-0000-729.00-67 0001571 HERBERT MERIII7 REIMBURSE: WAlER/TRASH IfFEGSIT 11/15/1994 0000000 17 '1111 1500 11/05/1991 001942 00 096-9700-470.40-01 6946 0000761 005/LOWRY pEn CONTRACT 7OP DESIGN OF ESPLANADE AVE. ThER0011Nis 11/15/1994 0000000 AMOUNT 575.00 2.966.'70 50.00 30.95 150.00 41.n6 50.00 1.232.40 2.530.62 595.00 200.00 50.00 715.00 PREPARED 11 PROGRAM '4. 11215153 .15U City of San into F ACCOUNTS PAYABLE TE LIST REPORT NO, 11 GROUP NUMBER 1 00111 ACCOUNTS PAYADLE 11-15-94 ACCOUNTING PERIOD/YEAR; 05/1995 GROUP USER ANNE TRANS;' TRANS DOTE VOUCHER lK ACCOUNT NUMDFR 6R0J P.O. VENDOR VENDOR NAME INVOICE NUMBER DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECKHECK DATE TYPE LAST TRANS NlnuNT 1600 11/05/1991 001943 00 043-0501-450.30-90 0000761. N13A/LOWRY 0091-004-MJA 44,61 PLAN REPRODUCTION AD 94-1. 11/15/1994 0000000 1700 11/05/1991 001944 00 010-1100-411.31-20 0001154 JAMES OAKS REN 266.40 REIMOURSEMENT-LEMOUE ANNUAL CONFERENCE 11/15/1994 0000000 14 1000 11/05/1994 001945 00 010-3100-471.34-05 0000922 SCOTSMAN MANUFACTURING CO SMC000005641094 73.00 .-ATAL OF MOBILE. OFFICES POLICE DEPARTMENT 11/15/1994 0000000 1900 11/05/1994 001916 00 010-3100-431.31-25 0000976 BONNIE SEARLES REU 40.56 TAIT SECURITY/MATRON COURSE -POST RFNIDURSADIP 11/15/1994 0000000 2000 11/05/1994 001947 00 010-7400-425.11-10 00004e6 OFFLJA SFGATA REn 27.00 MEDICAL EXPENSE 6111 FE BENEFITS 11/15/1994 0000000 2100 11/05/1994 001940 00 010-2500-425.21-10 0000440 SMART 0 FINAL 2701555 32.76 OTTACE. SUPPLIES 11/15/1994 0000000 2200 11/05/1994 001949 00 010-2500-425.35-14 0000447 50. CALIFORNIA rnTenN 60. 5TMT. 1.205.63 UTILITIES 11/15/1994 0000000 2300 '11/05/1994 001950 00 010-3100-471.35-14 0000447 SO. CALJEOPNTO EDISON CO. 51M1. 643.52 UTILITIES 11/15/1994 0000000 2400 11/05/1994 oolynl 00 010-3200-431..75-14 0000447 50. CALIFORNIA FDIAON CO. STMT. 1.430.44 UVILIT1.E5 11/15/1994 0000000 2500 11/05/1994 001952 00 010-4150 4I0.35-14 0000447 50. CALIFORNIA ,01soN PO. 51m1. 475.70 ..II13:E7: 11/15/1991 0000000 N 2600 11/05,1994 001953 00 010-6100-425,35-14 0000447 50. CALIFORNIA EDISON CO. 5I111. 54.79 iMITITIFS 11/15/1994 0000000 N 2700 11/0/1991 00:1954 00 010-7400-475.35-14 0000447 AO. CALIFORNIA EDISON CO. STMT. 1.022.00 011.1ITIE21 11/15/1994 0000000 2000 11/05/1994 001955 00 025-7100-410.75-14 0000447 SO. CALIFORNIA FDTsoN 67). STMT. 1.150.93 UTILITIES 11/15/1994 0000000 2900 11/05/1994 001956 00 025-7250-410.75-14 0000447 730 • CALIFORNIA rrosow 1:0. 40.44 UTILITIES 11/15/1994 0000000 3000 11/05/7994 00195L 00 025-7254-410.15-14 0000447 50. CAJTFORNTA EDISON CO. gImI. 70.32 Ul IL1T 1ES 11/15/1994 0000000 PREPARED 1/10/94. :11 City of !En 1.AciTito PROGRAM 01131311 AccouNTs PAYABLE UPDATE LIST PAGE: 9 REPORT NUMBER 11 WOOF' NUMBER : 0011i ACCOUNTS PAYABLE A1-15-94 ACCOUNTING PERIOD/YEAR; 05/1995 GROUP USER ANNE TRANS,P IRAHS DATE VOUCHER OK ACCOUNT MINDER mai F.O. VENDOR VENDOR NAME INVOICE NUMDER DESCRIPTION 1 DESCRIPTION 2 3100 11/0G/1994 001950 00 02-7256-410.35-14 UTILITIES 3200 11/05/1994 001959 00 025-7260-410.35-14 UTILITIES ""--1 3300 11/0G/1994 001960 00 025-7265-410.35-14 OT11111E9 3100 11/0G/1994 001961 00 055-4170-450.35-14 UTILITIES 3G00 11/00/1994 001962 UTILITIES 00 0S0-9000 -450.7n-14 3600 11/05/1994 001963 00 096-9700-470.30-90 EEDLVELOMIEN1 AllORNEY iATIN,3ULT(INTS 3700 11/05/1994 001961 00 062-3100-431.34-05 IRANSCRIP111111 SERVICES POIICE DEPAF7MENT 3000 11/05/1994 001965 00 099-9700-470.30-90 DROWN 111REET HOUSINS FROJEFT 5900 11/05/1994 001966 00 050-9000-450.77-30 EMERGENCY REPAIR TO EIATH .1T11EET WDI 4000 11/00/1991 001967 00 01.9-5100-431.33-50 V P11M. C SUMH.. rs-PoL cr DEPARTMENT GROUP TOTALS COUNi: 40 AMOUNT; 63.245.37 DUE DATE CHECK* CHECK DATE TYPE LAST TRANS AMOUNT 0000447 91:1. CALIFORNIA EDISON CD. STMT. 790.29 11/15/1994 0000000 0000447 00. CAI JFORNTA EDISON CH. STMT. 2.110.07 11/15/1994 0000000 0000447 SO. CALIEORNTA EDISON CO. STMT. 16.06 11/15/1994 0000000 0000447 SO. CALATURNIA CDISON CO. STMT. 25.60 11/15/1994 0000000 0000447 SO. CALIFORNIA cuinno co. STMT. 34.049.03 A1/15/1994 0000000 7049 0000412 STRADLINF. Yr:1mA. CAM SON Rrn 4.720.19 11/15/1994 0000000 7162 0001617 TI-IF TRANRMTrTMIN PRM,1c11T 101. 1.ny11.14 11/15/1994 0000000 000036E3 JAMES W. 011 AND t, nssnc. 14399 3.075.69 11/15/1994 0000000 0000360 VALLEY ELEC1RIC 3900 3R4.05 11/15/1994 0000000 0001209 WALMART RUP 76.55 11/15/1994 0000000 PREPARUI 11/! 4f 11:1553 City of San into PROURAM c30 ArrnuNTs PAYABLE TF LIST 10 REPORT NUt 11 GROUP NUMDER 1 00112 ACCOUNTS PAYABLE 11-15-94 ACCOUNTIN(3 PERIOO/YEAR 05/1995 GROUP USER ANNr TRANSTRANS porr: YQUCHER DK ACCOUNT NUMBER rrenJ P.O. VENDOR VENDOR NAME INVOICE NUMDER DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECKCHUCK DATE TYPE LAST TRANS AMOUNT 100 11/06/1991 001960 00 025-7256-410.33-30 0000946 A-1 LOCK KEY SERVICE 19705 145.72 EADLOCKS-LLMD 11/15/1994 0000000 200 11/06/1991 001969 00 025-7235-410.33-30 0000946 A-1 LOCK P3 KEY .E17010E 1970 145o72 PADLOCKS-LLMU 11/15/1994 0000000 300 11/06/1994 001970 00 050-9000-450.33-30 0000924 ALL PURE CHEMICAL 21164 659.70 .L,LORINE CYL:(NDERS WATER DEPARTMENT 11/15/1994 0000000 400 11/06/1994 00197J. 00 050-9000-450.33-30 0000924 ALL PURE CHE71ICAL. 21322 641.64 CHLORINE c:VL.1 0(17)51 4FER DEPARTMENT 11/15/1994 0000000 500 LI/06/1994 001972 00 025-7100-410.21-110 0000931 AU'S KODOTA TRWTOR LAWNM 9167 39427 LAWNMOWER surpLsEs PARKS DEPARTMENT 11/15/1994 0000000 600 11/06/1994 001.973 00 025-7100-410.21-0O 0000931 AR'S KUBOTA TRACTOR LAWNM 9174 2.69 LAWNMOWER SUPER:HIS PARKS DEPARTMENT 11/15/1994 0000000 14 700 11/06/1994 001974 00 062-3200-431.40-45 0000952 ARROW PRINTING 34906 766.64 MEDICAL.o i o FORMB FIRE DEPARTMENT' 11/15/1994 0000000 14 1100 11/06/1994 001915 00 050-9000-450.37-30 0000949 E.S. BABCOCK 17171 30.00 DAI.TRIA1 ANALSIS WATER DEPARTMENT 11/15/1994 0000000 900 11/06/1991 001.976 00 050-9000-450.33-70 0000949 F.S. BARrnck 5 SONS 1.940 34.00 DACTENIAL ANALYRTS WATER DEPARTMENT 11/15/1994 0000000 1.000 11/06/1991 001971 00 050-'-9000»-450 0000949 P.O. BABCOCK 6 SONS 1 7329 50.00 ILRTAL ANALYBIS WATER DEPARTMENT 11/15/1994 0000000 N 1100 11/06/1994 001970 00 050-9000-450.33-30 0000949 Ei5. BABCOCK & OEINS 16412 10.00 DACTERIAL ANALYSIS WATER DEPARTMENT' 11/15/1994 0000000 N :1.200 11/06/1994 001979 00 096-9700-470.30-90 0001155 DANK O17 AMERICA c;TMT. 5,057.56 ANNUAL DOND ADMIN. ME a7 DO REFUNDING ESr!ROW 11/15/1994 0000000 1300 11/06/1994 001900 00 010-7400-425.33-10 0000150 BLUE RIBBON Pi IIMPTNO 60361 100.75 RiPALRS-TOILLT OENIOR CARE/COMMUNITY CENTER 11/15/1994 0000000 1400 11/06/1991 001901 00 019-3100-431.37-50 0000716 CAR WASH DEPOT 6020 49.00 CITY vrlAirrE WAEHES 11/15/1994 0000000 NJ 1900 11/06/1991 001902 00 019-1200 -4:1,7 • 33....90 0000216 CAR WAFM nEnnT (,(y2.0 VEMLCLE WASHES 11/15/1994 0000000 PREPARED '.I.1/10/94 i 11. 1 :1.5 i 5 3 l0L1(112011 (1113131.1 City of San Jacinto ACCOUNTS PAYABLE UPDATE. LIST PAGE 11 REPORT NUMBER 11. I'Cii:VI(:;i/)Nli TO ', SADOF'-' ROAD STT7EETSCAPP GROUP NUMBER 1 00112 ACCOUNTS PAYABLE 11-1.5-94 ACCOLIN'IIJ0 PERIOD/YEAR: 05/1995 GROUP USER ANNE. TRANSTRANS 1:IAT1:'. V011l:2 IET, Eth. ACCOUNT' NUMBER PROD P.O. VENDOR VENDOR NAME: INV0ICI' NUMBER DESCRIPTION i DESCRIPTION DOE GATE CY-IFCK# CHECK DATE TYPE LAST TRANS AMOUNT 1600 1.:i/06/1994 00:i.9ff3 00 019-3300--•43:i..33-50 0000210 CASTEI...I..ANO'S TOWING SFRV. 19200 40.00 TOWING OE UNIT ti194:3 OUIL..G INC .DEPARTMENT 1. J./1.5/1. 994 0000000 1.700 11 /06/ 1994 001.904 00 1124--41 50--410.33--30 0001633 CENTRAI. CTTIE0 SIGN SERVI 17 I7 4:1.7.75 STREET SIGNS 1..1./ 1.`D/1.994 0000000 0 1000 :1.1/06/1991 001905 00 043-0 501'-'4. 0001236 , JOHN CICCHETTI 10504--'.i.0505 1,95.7.00 N 1.1. /15/1994 0000000 1900 11/06/1994 1001906 00 019--3100--431..73-50 0000236 COM SER CO. A161006 90.00 REPAIR RADIO - UNIT 11.06 ROLTCE DEPARTMENT 1.1./15/1994 0000000 N 2000 11/06/1994 001.90? 00 010-3100-431.30-90 0000249 THE COUNSE1ANG TEAM STMT. '.i.. 090.2.1. PSY171-IU 11-I0RAPI-.EIRE/POL)'. CE .I.NCIDENTS 1.1./.1.5/1994 0000000 N 2:1.00 :i1/06/1994 00:1900 00 01.0--3200-43:1..30-90 0000249 THE COUNSELING TEAM STMT. 203.:1.3 PSYCHOTHERAPY-FIRE/POLICE :INCIDENTS .1.t/.I.5/1.994 0000000 0 2200 11/06/1994 001.9039 00 0 6-9700-470.30-9(3 0000251 COX 6 COX STMT. 455.33 CITY ATTORNEY L.EGAL. SERVICES :1..1./15/1994 0000000 IJ 2300 11/06/:L991 001990 00 043....0501-450.30--90 0000251 COX t. COX STMT. 230.00 I.;I IY ATTORNEY LEGAL SERVICES .I. 1./.I.5/:1.994 0000000 N 2400 11/06/'C 994 001991 00020-2200-419.30..-90 0000251 COX h CfX 0 IMT. 2,300.66 CITY AT CORNE'! LEGAL. SERVICES L:I./.15/1994 0000000 IJ 2500 :I.:1/06/1994 001992 00 {)50-"9000-450.30 -90 000075:1 COX 6 COX 9-I-M'I 90.00 CITY ATTORNEY 1..I'GAL SERVICES :I.I./15/1. 994 0000000 N 2600 11/06/1994 001993 00 046--0(300-450.30--90 0000251 COX h COX 0TMT. 2:1.5,00 C: ):TY AFTORNLY LEGAL. SERVICES 11./15/1.994 0000000 IJ 2700 11/06/1994 001994 00 0:2S--72"=a--41.0.30....90 0000251 COX 6 C(lX !'1TMT. 51..25 CITY O'TTORN 7 L..Ta56L. SERVICES 1. I. /15/'1.994 0000000 N 7H00 :i.:i/06/ 3994 001995 00 025--7252-410.30....90 0000251 COX 6 COX STMT. 51.25 CITY A`( 10RNEY l.01 A1.. SERVICES :I. 1./.1.5/1994 0000000 TJ 2900 :13/06/1994 001996 00 023--7253--410. 30._90 000025.1 COX 6 COX 01 NT. 51.25 CITY ATTORNEY LEGAL. 3f::I;VTOf-S 1..1./:I.'5/i 994 0000000 (J 3000 11./06/:1. 994 00199.7 00 025--7254- 410.:30--90 0000251 COX 6 COX STMT. 51..25 CITY ATT URNL7 LEGAL. )3ERVTC.0S '.I. J./115/J. 994 0000000 0 PREPARED 11/ 11t19t93 PROGRAM .30 City of SAn ACCOUNTS PAYABL -into WE LIST r 12 REPORT NU : 11 GROUP NUMBER t 00:112 ACCOUNTS PAYABLE 11-15-94 ACCOUNTING PERIOD/YEAR1 05/1995 GROUP USER ANNE TRANS4 1RANE-; DA1E VOUCHER DK ACCOUNT NIAMPER DESMIT'TION 1 Di:TSCRIPTION 2 3100 11/06/1994 CIAY ATTORNEY 3200 11/06/1994 PITY AITORNEY 3300 11/06/1994 ATTORNEY 3400 11/06/1994 CITY ATTORNEY 001.99B 00 025-7255-410.30-90 LEGAL SERVICES 001999 00 025-7256-410.30-90 LIEGAL sEnvirrp. 002000 00 025-7257-410.30-90 LEGAL SERVICES 002001 00 07,5-725B-410.30-90 LEGAL TEFIVXCFS 3500 11/06/1991 002007 00 025-7260-410.30-90 CITY ATTORNEY 11E60 DERVICES 3600 11/06/1991 002003 00 010-1111-411.30-90 C1I'IY AlTORNET LEGAL SERVICES 3700 11/06/1994 002004 00 025-7257-410.34-09 OUGUST GOPHER CONTROL 31300 11/06/1994 002005 00 025-7261-410.34-09 AUGUST GOPHER CON1RUL 3900 11/06/1994 002006 00 025-7255-410.74-05 A1JOUS1 GOPHER COP 4000 11/06/1994 00200? 00 025-7204-410.74-05 T12-1 GOPHER CONAROT TT 4100 11/06/1994 0020011 00 025-2253-410.34-05 AOGIAIII GOPHER CONTROL 4200 11/06/1991 002009 00 025-7252-A10.34-09 AUGOS1 17311111.11 ITOTIROL 4300 11/06/1991 00201.0 00 025-7251-410.34-07, (1HOO5I GOPHER CONTROL 4400 11/06/1991 002011 00 025-7290-410.31-05 AU1US1 GOPHER CONTROL 4500 11/06/1994 00201.2 00 025-7256-410.34-05 AUGUST GOPHER 01)N1R0T PROJ P.O. VENDOR VENDOR NAME iNvnIcr NUMBER DOE DATE CHECK* CHECK DATE TYPE LAST TRANS 0000251 cnx & COX 11/15/3994 0000000 0000251 COX 6 COX 11/19/1994 0000000 0000251 COX 6 cnx 11/15/1994 0000000 0000251 COX 6 COX 11/15/1994 0000000 0000251 COX 6 COX 11/15/1994 0000000 0000251 COX 6 COX 11/15/1994 0000000 STMT. STMT. N STMT. STMT. STMT. STMT. 0000263 n 6 J LANDSCAPE 6 MAINTEN 10766 11/1.5/1994 0000000 0000263 D 6 J LANDSCAPE 6 MATNIEN 10266 11/15/1994 0000000 0000263 D 6 J LANDSCAPE 6 MAYNTEN 10266 11/15/1994 0000000 0000263 6 J LANDSCAPE 6 MAINTEN 1.0266 11/15/1994 0000000 0000263 D & J LANDSCAPE 6 MAIN1E0 10266 11/15/1994 0000000 0000263 13 6 J LANDSCAPE: 6 MAINTEN 10266 11/19/1994 0000000 0000263 D & J LANDSCAPF 6 MATNTEN :1.0266 11/15/1994 0000000 0000263 0 6 J LANDSCAPE 6 MAINTEN 10766 11 /15/1994 0000000 0000263 D 6 LANDSCAPE 6 MAINTEN 10266 11/15/1994 0000000 AMOUNT' 51.25 '51.24 51.24 51.24 31.24 6.162.43 200.00 243,92 124.00 20.00 62.00 03.10 00.40 49.?2 PREPARED :I.1./10/94. 11 S 1.:'ia.`1:3 F'RI)Ul' I1 0031311 Cltv of San Jacinto ACCOUNTS PAYABLE UPDATE LIST PAGE[ 13 REPORT NIJMFIEF: :I.:I. PO PL.IC W0RK3 A1:g91:N, OROUF NUMBER 1 00112 ACCOUNTS PAYABLE 11.--1.5--94 ACCOUNTING PU 1OD/YEAt 05/1995 GROUP USER ANNE 17<ANS4i 'f ANS UA Yr VOUCHER R'. ACCOUNT NUMBER PROD F.O. VENDOR VENDOR NAME INVOICE NIJMDE:R DR SC:O7 FA:FUN 1 DESCRIPTION 2 1600 11J06/1994 00201.3 00 0 5-"7256--410.34-..0' REMOVE: GROUND COWT FtALtONA EYFR0SSWAY 4700 11/06/1994 002014 00 025-7255-410.34-05 NI I REFS SOO11PA VILLAGE LII.JE: DATE CHE:CK0 CHECK DATE TYFF-' LAST 'TRANS 0000763 0 h .1 LANDSCAPE R MATNTEN :10260 1.1/15/1994 0000000 N 0000263 LI , ..I LANDSCAPE' N MAT N 1.0269 1 1. / 1.5✓ 1 994 0000000 N 41300 1:I./06/1994 002015 00 0.25--7:757 410.34- 05 0001.335 DIAMOND VAL I..E:Y NURSERY 22771. GA/AN1:A--1111KFE 0 DIE!' _RI:i:NCE DAY 4900 11/06/1994 002016 00 0,.52--7150-410.40--01 A(JI:.MN E TREES THROUGHOUT THE CITY 1.1./1.5/1.994 0000000 1J 0001735 DIAMOND VAI.. LEY NURSERY 72I37-TN 1.I./:I.5/1994 0000000 IJ 5000 :1 1/ 06i 1994 002017 00 025-- 7260-410.75-:i 0 0000460 EASTERN MLINT . WATER FIIS'1'. STMT IJTTLIT1:1':!:', 5100 11/06/1994 0020113 00 097--9700--4.0. 60--20 fiE.E_yI::L. F.11'1-15141/I'OSS 11-11tll .I./40 SHARE 1.1/15/1994 0000000 N 0000460 EASTERN MIJN:F.. WATER FI 1.1./1.5/7.994 0000000 PEG N AMOUNT 2.400.00 5S3.0O 1.212.14 B73.135 55.45 2.534.94 5200 11/06/1994 002019 00 065-0000--201.00--70 0000460 EASTERN MIINT.l.67"1 F. i DIST. PIE. 20.026.44 SEWER C0L..I...IF:C: T'10NS :ii 1:-PTEHEIE.R 1794 1.1./1.5/1.994 0000000 N 5300 11/06/1994 002020 00 021-4150-.410.30.....90 0000477 EVANS & ASSOC TES STMT 975.00 1J F'IIUI...1:C WORKS A1JPII:N, CONTRACT SERVICES E S :I_L/ 15/ 1.994 0000000 5400 11/06/1994 002021 00 02 r-7257-410.30-90 0000477 EVANS h ASSOCIATES CONTRACT SERVICES :I..I./15/1994 0000000 51500 1.1/06/1994 002022 00 050--9000--450.30-90 0000477 EVANS 6 FV7,5fICIATF5 Pt101.:i1' SJO0KS ADMIN. CONTRACT SERVICES I.1./15/1994 0000000 5600 11/06/1991 002023 00 055--4.170--4. 0.30-90 0000477 EVANS h ASSOCIATES PUBLIC WORKS AD;IJ:N, CONTRACT SERVICES 1.1./.I.5/1994 0000000 5700 11/06/:1994 002024 00 020-7100--410.40--01 0000477 EVANS , ASSOCIATES PUBLIC WORKS A11i11N, CONTRACT SEir<VTCiF.:S 1.T/:l5/'1.994 0000000 5000 11/06/1994 002025 00 043--13501-"450.30-90 0000477 EVANS h 01)0175Y1'0 11n:I._TiJ WORKS ADM1N, CONTRACT CERVICES 11./:I.E;/ 1994 0000000 STMT 1J STMT 1J STMT N r,.I. N.I. 1J S'TNT 1J 675.00 900.00 300.00 600.00 275.00 5900 :1.1/06/:1.994 002026 00 039--4155--410.40- 01 00004/ 7 EVANS , ASSC)I::TATFS STMT 225.00 1011._.I:C 000149 A1.Ii11N: CONTRACT "oEi F:VTCES I.1/:1.5/1.994 0000000 IQ E.000 1.:1/06/1.994 002027 00 046--A000--4: 0.30....<20 0000477 EVANS h ASSOCIATES STMT 750.00 PUBLIC WORKS ADMIN. CONTRACT F..EF1V10E3 1.1./15/1944 0000000 N PREPARED 11/ A. 1111553 City of San into PROGRAM L ACCOUNTS PAYABLE JE LIST GROUP NUMGER 00112 ACCOUNTS PAYABLE 11-15-94 ACCOUNTING PERIOD/YEARZ 05/1995 GROUP USER ANNE TRANS* TRANS DA1E VOUCHER 15K ACCOUNT NUMBER PROD P.0, VENDOR VENDOR NAME INVOICE NUMBER DESCRIPTION I. DESCRIPTION L. DUEDATE CHECK* CHECK DATE TYPE' LAST TRANS 6100 11/06/1994 002020 00 025-7256-410.30-90 0000477 EVANS & ASS0C1.ATES STMT FUfl4OLIC WORKS MOMIH. CONTRACT SERVICES 11/15/1994 0000000 6200 11/06/1994 002029 00 019-4100-410.10-01 0000477 EVANS 6 ASSOCIATES STMT PUGLIC WORKS APMIN. CONTRACT SERVICES 11/15/1994 0000000 6300 11/06/1994 002030 00 099-9700-470.30-90 7150 0001631 OW ENGINEERING 65 ..FPNING N SURVEING SERVICES -SHAVER & JORDAN 11/15/1994 0000000 6100 11/06/1991 002031 00 010-4150-410.35-46 0000526 GENERAL TEL CO. GTMT PHONE GERVICES 11/15/4994 0000000 6500 11/06/1991 002032 00 010-3100-431.33-10 0000563 HEMET HEATTNO 6 COOLINO STMT A/C REPAIR POLICE DEPARTMENT 1i/15/1994 0000000 14 6600 11/06/1994 002033 00 019-4550-410.33-30 0000564 HEMET TNnUsTRT0L. 5.11.13)113 .y 16179 FARIS 1.1NI1 4410 cHIPPER TRUcK-RunLic wnRK :1 :1/15/.'994 0000000 6700 11/06/1994 002034 00 010-3200-431.21-10 0000600 HOBBS STATIONERY 272252 nrvirE GOPPLAUG 1i/15/1994 0000000 6000 11/06/1994 002035 00 010-1200-412.21-10 0000600 HOOPS STATIONERY 272460 OFFICE GUEPLIES 11/15/1994 0000000 6900 11/06/1991 002036 00 010-200-125.24-10 0000600 HOBBS STATIONERY 272459 OFFICE SUPPLIES 11/15/1994 0000000 7000 11/06/1994 002037 00 050-9000-450.24-10 0000A00 HOBBS STATIONERY 272459 '1,00;ICF SUPPLIES 11/15/1994 0000000 7100 11/06/1994 002030 00 025-7100-410.34-50 0000637 C.F. JAESCHKE INC. 69913-00 REPAIRS TO MOWER FORKS DEPARTMENT 11/15/1994 0000000 7200 11/06/1994 002039 00 025-7100-410.34-50 0000637 C.F. JAESCHKE INC. 70076-00 imoriLr MIRE ASSEMBLY HUSTLER LAWNMOWER 11/15/1994 0000000 e300 11/06/1991 002040 00 025-7260-410.30-90 0001020 MISSION ELECTRIC 5113)111 167249 PARTS-FEEATR AND MAINTENANCE -STREET L. L1/15/L994 0000000 7400 11/06/1991 002041 00 010-1110-411.33 -21 0001647 MUNIMFTRIX SYSTEMS 3:113)3). RED 7E6N1Y MAINTENANCE FoR ids.J. INDEX SOFTWARE 11/15/1994 0000000 7500 11/06/1991 002042 00 096-9700-470.21-10 0001 400 NELSON MARKETING 46759 E13)AMIC MODS-PCONOMIC DEVELOPMENT PROMOTION 11/15/1994 0000000 14 REPORT N11110 11. AMOUNT 150.00 1.200.00 05.00 17.73 226.00 15.49 5.99 3.46 22.96 22.97 166.91. 256.79 347.32 300.00 169.10 PREPARED 11/10/Y4, 11115153 City of San Jacinto PROGRAM 011313U ACCOUNTS PAYABLE UPDATE LIST PAGE 15 REPORT NUMBER 11. GROUP NUM0ER 1 00112 ACCOUNTS PAYABLE 11-15-94 ACCOUNTING PERIOD/YEAR! 0'6/1995 GROUP USER ANNE FRANSi!i BEANS DATE VOUCHER ACCOUNT NUMBER PROT P.O. VENDOR VENDOR NAME INVOICE NUMBER WISC.:REUNION 1 DESCRIPTION 2 DHE DATE CHTECK# CHECK DATE TYPE. LOST TRANS AMOUNT 7600 11/06/1991 002043 00 065-0000-201.00-69 0000770 O.K. ASSOC. 10C. Run 116.434.51 Rurmu coLLEcTloNn sulEmBER 1994 11/15/1994 0000000 7700 11/06/1994 002044 00 010-2500-425.33-10 0000963 PACIFIC ALARM SVC. STMT. 292.00 LARM SERVICES 11/15/1994 0000000 • 7000 11/06/i991 002045 00 055-4170-450.35-16 0000795 PAGENET 0301001 42.00 PAGER RENTAL 11/115/1994 0000000 7900 11/06/1994 002016 00 025-7100-410.74-05 0000006 PHOENIX PROORAM INC. 262 4.665.60 PARK I, MAIN STREET MAINTENANCE 11/15/1994 0000000 1000 11/06/1994 002047 00 021-4150-410.34-05 0000006 PHOENIX PROGRAM INC. 262 432.50 PARK & MAIN SFREEJ MAINTENANCE 11/15/1991 0000000 0100 11/06/1994 002040 00 019-3100-431.33-50 0001 653 P0LYCK0FT. INC, 9961-2 12.63 GRAPHIC NUMDERS ON POLICE UNITS 11/15/1994 0000000 1-4 8200 11/06/1994 002019 00 019-3100-471.33-50 0001653 POLYCRAFT. INC. 9961-1 553.14 GRAPHIC NI MDERS ON POLICE UNITS 1J/15/1994 0000000 0300 11/06/A994 002050 00 010-3200-431.33-10 0000003 RIVERSIDE COUNTY SUM Y 17021 340.69 JANITORIAL SUPPLIES FIRE DEPARTMENT 11/15/1994 0000000 0400 11/06/1994 002051, 00 010-3200-431.33-10 0000003 RIVERSIDE COUNTY ETUPF4Y 170737 8,60 JANITORIAL SUPPLIES FIRE DEPARTMENT 11/15/1994 0000000 N 0500 11/06/1994 002052 00 025-7260i-410 . 34-00 0000002 COUNTY or RIVERSIDE S1.940031 4,932.03 TRAFFIC SIGNAL MADFFENANCE 11/1/1.994 0000000 N 8600 11/06/1991 002053 00 024-4150-410.33-30 0000444 SMITTY'S (-ow PAINTS 126351 74.62 SEALS-STRCET PAINT STRIPER 11/15/1994 0000000 11700 11/06/1994 002054 00 050-9000-450.21-10 0000406 TAADS STMT. 741.01 WATER DILL, PRINTINS 11/15/1994 0000000 0000 li/06/1994 002055 00 055-4170-450.21-10 0000406 TAATIS STMT. 247.27 WATER DILL PRINTING 11/15/1994 0000000 0900 11/06/1994 002036 00 010-7400-425.34-05 0000400 TAC EXTERMINATFIRS 00 H111. 1306 50.00 PEST WORK COMMUNITY CENTER 11/1S/1994 0000000 9000 11/06/1994 002057 00 050-9000-450.30-90 0000373 UNDEROROHND SERVICE NERT 94100548 40.75 FAX NOLIFICAINUNS WATER DEPARTMENT 11/15/1994 0000000 PREPARED 11/ 4 1111t2.053 PROORAM 1.30 City of San 'nfo 16 ACCOUNTS PAYABLE - rE LIST REPORT M.h. 11 MOUE NUMBER 00112 ACCOUNTS PAYABLE :1.1 ACCOUNTING PERIOD/YEAR> 0!j/199'3. GROUP USER ANNE YRANS TRANS DATE VOUCHER BK ACCOUNT NUMBER rpnJ P.O. VENDOR VENDOR NAME [NVOICE NUMBER DESCRIPTION 1 DESCRIPTION 2 9100 11/06/1994 00200 00 010-3100-431.34-05 COPIER MATN1ENANCE 9200 11/06/1994 002059 00 010-2500-425434-05 COPIER HAINTEMINCE .9300 11/06/1994 002060 00 010-3100-431.34-05 6OPMER MAINTENANCE 9400 11/06/1991 002061 00 010-2500-425.34-05 COPIER MAINTENANCE 9500 11/06/1994 002062 00 025-725S-410.34-05 AUGUST OUTLIER CONTROL GROUP TOTALS COUW: 95 AMOUNT; 196.769.48 DUE DATE 1n-117:i5K*Er1 FIOlE TyrE 1.r19T AMOUNT 0000307 XEROX CORPORATION 565730t52 107.67 11/15/1994 0000000 0000307 XEROX CORPORATION 565600469 529.24 11/15/1994 0000000 0000307 XEROX CORPORATION 44066973 250.40 11/15/1994 0000000 0000307 XEROX CORPORATION 41066976 229.16 J1/15/1994 0000000 0000263 VA 6 J LANDSCAPE 6 MAINTEN 10266 14.7R 11/15/1994 0000000 S A N JACINTO Staff .Report TO: Honorable Mayor and Members of the City Council FROM: Laurie Mora, Deputy City Clerk Via: Pamela S. Easter, City Manager DATE: November 15, 1994 RE: Claim - Vargas, Lydia & David, Currier, Shawntel RECOMMENDATION: Reject the claim as presented, as recommended by the Claims Adjustor pursuant to Government Code Section 913. COACHELLA VALLEY JOINT POWERS NSURANCE AUTHORITY October 28, 1994 Laurie Mora Deputy City Clerk City of San Jacinto 312 East Main Street San Jacinto, CA 92583 RE: Vargas, David et al. v. City of San Jacinto Loss Date 05/01/94 Our File # : JS 94-17 Dear Ms. Mora: We are in receipt of the above -captioned claim for damages filed with the City of San Jacinto by attorney Peter Amschel on behalf of claimants Lydia Vargas, David Vargas, and Shawntel Currier. We request that you take the action indicated below: CLAIM REIEC11ON: Written rejection of claim by authorized board/officer in accordance with Government Code Section 913. LATE CLAM: Do NOT reject claim but RETURN it for failure to file within time limit prescribed in Government Code Section 911.2. Transmittal NOT to contain "WARNING" required by Section 913, but should advise that the recourse to file "Application for Leave to File Late Claim" as provided in Government Codc Section 911.4. This must be returned within 45 days of the date claim mailed or delivered. INSUFFICIENT CLAIM: Send notice of insufficiency for failure to comply with Government Code Section 910 and/or 910.2 and/or 910.4 and cite the following specific insufficiencies: This must be sent within 20 days of your receipt of claim. AMENDED CLAIM Reject claim as set forth in first paragraph above, CLAIM REJEC11ON. APPLICATION FOR LEAVE TO F[LE LATE CLAIM: Reject the Application under Government Codc Section 911.8, 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. Very,tiT�j yours, De`rrfiis M. Mol Claims Manager DMM/lc 73-710 Fred Waring Drive, Suite 200, Palm Desert, CA 92260 (619) 341-0492 FAX (619) 340-5949 S A N JACINTO Staff Report TO: Honorable Mayor and members of the City Council FROM: Pamela S. Easter, City Manager DATE: November 15, 1994 SUBJECT: Contract with Liebert, Cassidy & Frierson Recommendation: Authorize the Mayor to sign a contract with Liebert Cassidy & Frierson for representation in the area of employment relations for calendar year 1995. Background: The City of San Jacinto has retained the firm of Liebert Cassidy & Frierson for consulting, representational and legal services pertaining to employment relations services for the past three years. The attached contract covers the calendar year 1995. This contract retains the present hourly rate structure. The contract has been reviewed by the City Attorney. AGREEMENT FOR SPECIAL SERVICES This Agreement is made this day of , 199_, between the law firm of LIEBERT, CASSIDY & FRIERSON, A Professional Corporation, hereinafter referred to as "Attorney," and the CITY OF SAN JACINTO, A Municipal Corporation, hereinafter referred to as "City." Attorney agrees to provide City consulting, representational and legal services pertaining to employment relations matters, including representation in negotiations and in administrative and court proceedings as requested by the City. The place and time for such services are to be designated by the City. City hereby designates Attorney as its special counsel for employment relations and agrees to pay Attorney at the rate of One Hundred Twenty -Five to One Hundred Ninety -Five Dollars ($125.00 - $195.00) per hour for services provided by attorney staff, Seventy -Five Dollars ($75.00) per hour for services provided by paralegal staff, including reasonable travel time, and any necessary travel or other costs and expenses authorized by the City. It is expressly understood and agreed that Attorney, while engaged in carrying out and complying with any of the terms of this Agreement, is an independent contractor and is not an employee of the City. The term of this Agreement will be from January 1, 1995, through December 31, 1995. LIEBERT, CASSIDY i& FRIERSON A Professional Corporation CITY OF SAN JACINTO A Municipal Corporation By e-ll By A N JACINTO Staff Report TO: Honorable Mayor and Councilmembers FROM: Pamela S. Easter DATE: November 15, 1994 RE: CDBG SUBRECIPIENT AGREEMENT Recommendation: Approve CDBG Subrecipient Agreement with Phoenix Programs, Inc. for the "Jobs Unlimited" Program. Background: The document attached to this staff report is the contract between the City and Phoenix Programs, Inc. for the "Jobs Unlimited" project. This project was awarded grant funding under the 20th Year CDBG program earlier this year. The contract has been signed by a representative of Phoenix Programs, Inc. After approval by the City, Phoenix Programs may request, and receive reimbursement from the City, for funds expended for project purposes. In turn, the City will request reimbursement by the County to repay the monies that the City spent on the project. The Agreement has been approved by the City Attorney. CDBG SUBRECIPIENT AGREEMENT This Agreement is made this 1st day of November, 1994, by and between the City of San Jacinto, a municipal corporation (hereinafter referred to as "City"), and Jobs Unlimited/Phoenix Programs, Inc., (hereinafter referred to as "Subrecipient"). RECITALS WHEREAS, City has elected to participate with the County of Riverside, which County has qualified as an urban county for purposes of receiving Community Development Block Grant (CDBG) funds, to assist and undertake essential community development and housing assistance activities pursuant to the Housing and Community Development Act of 1974; and WHEREAS, subject to the approval of the County's Economic Development Agency, the City has delegated a portion of its CDBG allocation in the delegated amount of $17,869.00 to be used by Subrecipient for the purposes as stated in the attached Exhibit "A"; and WHEREAS, residents of City directly benefit from the services provided by Subrecipient, and at least 51% of those benefiting from Subrecipient's services qualify as low and moderate income persons; NOW, THEREFORE, IT IS AGREED: 1. TERM: The term of this Agreement for the project shall be for a period of one (1) year commencing July 1, 1994. If completion of the project services by Subrecipient cannot be made by Subrecipient within the tetiu hereof, due to unforseen or uncontrollable circumstances, the term may be extended at the sole discretion of City. If substantial progress toward completion, as determined by City, is not made during the term of this Agreement, the entitlement funds may be re -programmed by City after appropriate notice is given to Subrecipient. 2. FUNDS: City agrees to provide Subrecipient with funds equal to the amount allocable by City from City's entitlement of CDBG funds, as stated above, subject to the approval of the County Economic Development Agency. City shall reimburse only such amounts to Subrecipient as are duly documented by written request of Subrecipient, evidenced with copies of appropriate invoices and paid receipts or cancelled checks. Funds may be reimbursed only for those verified expenses for the eligible uses and purposes described in the attached Exhibit "A". Expenses incurred by Subrecipient before the County's authorization date of July 1, 1994 or any expenses 1 determined by the City to be unrelated to the approved. CDBG project are ineligible and are not reimbursable by City to Subrecipient. City may advance reimbursement amounts to Subrecipient from City's General Fund, subject to reimbursement from CDBG allocations from County. 3. DISCRIMINATION: Subrecipient shall provide services on first come first service basis to all residents of the City of San Jacinto who need and request such services, so long as economic resources so permit. Subrecipient shall abide by Sections 570.601 and 570.602 of Title 24 of the Federal Code of Regulations which requires that no person in the United States shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with Community Development funds. 4. LICENSING. Subrecipient agrees to obtain and maintain all licenses, registrations, accreditation and inspections from all agencies governing its operations. Subrecipient shall insure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing subrecipient's operations hereunder. 5. VERIFICATION OF INCOME: Subrecipient shall supply such records as necessary to verify low and moderate income status of clients, and shall provide such data to City upon request. 6. RECORDS: Subrecipient shall maintain records as to the use and expenditure of funds under this Agreement and shall make such records available for inspection and copying during normal business hours by City, County, or by the Department of Housing and Urban Development. 7. INDEPENDENT CONTRACTOR: Subrecipient and its agents, servants and employees shall act at all times in an independent capacity during the term of this Agreement, and shall not act as, shall not be, nor shall they in any manner be construed to be the agent, officer or employee of City or County. 8. INDEMNIFICATION: Subrecipient shall indemnify and hold City harmless from all claims, damages or liability, including all reasonable attorney's fees and costs incurred in defending any claims arising out of or in connection with Subrecipient's project or activities, including but not by way of limitation, any action or claim for workers compensation. 2 9. TERMINATION: (a) Subrecipient may not terminate this Agreement or avoid any obligation imposed herein without the express written consent of City. (b) Notwithstanding the above provision, City may suspend or terminate this Agreement upon written notice to Subrecipient of the following: i) In the event Subrecipient fails to perform the covenants herein contained; and/or In the event there is a conflict with any federal, state or local law or regulation rendering any of the provisions of this Agreement invalid or untenable; and/or iii) In the event that funding from the Department of Housing and Urban Development is terminated or otherwise becomes unavailable. (c) Upon suspension or termination of this Agreement (and without waiver by City of any breach hereof by Subrecipient), Subrecipient agrees to return any unencumbered funds which it has been provided by City. 10. CONFLICT OF INTEREST: Subrecipient shall familiarize itself with CDBG regulations prohibiting conflicts of interest contained in 24 CFR 570.611, attached hereto as Exhibit "Cl". Subrecipient, its assigns, employees, agents, consultants and officers shall comply with and shall not violate any provision of the attached Exhibit Cl. Any violation of this section shall be deemed a material breach of this Agreement and the Agreement shall be immediately terminated by the City. 11. ELIGIBILITY: As to Subrecipient or its claimants, City shall bear no liability for any later determination by the County or by the United States Government, the Department of Housing and Urban Development or any other person or entity that City or Subrecipient is or is not eligible under 24 CFR Part 570 to receive CDBG funds. 12. ASSIGNABILITY. Subrecipient shall not assign or transfer any interest in this Agreement, whether by assignment, delegation or novation, without the prior written consent of City; provided however, that claims for money due or to become due to subrecipient from City under this Agreement may be assigned to a bank, trust company or other financial institution, 3 or to a trustee in bankruptcy, without such approval. Any assignment delegation or novation other than as provided above shall be of ny proper .jissignrit or transfer shall be promptly furnished to the City. 13. This Agreement contains the entire agreement of the parties and supersedes all other prior negotiations, understandings or agreements. This Agreement may only be modified by the written agreement of the parties. CITY OF SAN JACINTO By: SUBRECIPIENT Phoenix/rograms, Inc7< Vicki Van Fleet -Smith Executive Director 4 EXHIBIT Cl (a) Applicability. (1) In the procurement of supplies, equipment, construction, and services by recipients, and by subrecipients (including those specified at Section 570.204(c)), the conflict of interest provisions in 24 CFR 85.36 and OMB Circular A 110, respectively, shall apply. (2) In all cases not governed by 24 CFR 85.36 and OMB Circular A 110, the provisions of this section shall apply. Such cases include the acquisition and disposition of real property and the provision of assistance by the recipient, by its subrecipients, or to individuals, businesses and other private entities under eligible activities which authorize such assistance (e.g., rehabilitation, preservation, and other improvements of private properties or facilities pursuant to Section 570.202, or grants, loans and other assistance to businesses, individuals and other private entities pursuant to Section 570.203, Section 570.204 or Section 570.455). (b) Conflicts prohibited. Except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, the general rule is that no persons described in paragraph (c) of this section who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from CDBG assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. For the UDAG program, the above restrictions shall apply to all activities that are a part of the UDAG project, and shall cover any such interest or benefit during, or at any time after, such person's tenure. (c) Person's covered. The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient, or of any designated public agencies, or subrecipients which are receiving funds under this part. 5 (d) Exceptions: threshold requirements. Upon the written request of the recipient, HUD may grant an exception to the provisions of paragraph (b) of this section on a case -by -case basis when it determines that such an exception will serve to further the purposes of the Act and the effective and efficient administration of the recipient's program or project. An exception may be considered only after the recipient has provided the following: (1) A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and (2) An opinion of the recipient's attorney that the interest for which the exception is sought would not violate state or local law. (e) Factors to be considered for exceptions. In determining whether to grant a requested exception after the recipient has satisfactorily met the requirements of paragraph (d) of this section, HUD shall consider the cumulative effect of the following factors, where applicable: (1) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project which would otherwise not be available; (2) Whether an opportunity was provided for open competitive bidding or negotiation; (3) Whether the person affected is a member of a group or class of low or moderate income persons intended to be the beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (4) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted activity in question; (5) hether the interest or benefit was present before the affected person was in a position as described in Paragraph (b) of this section; (6) Whether undue hardship will result either to the recipient or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and (7) Any other relevant considerations. TOPIC: CONFLICT OF INTEREST CODED RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY DATE: OCTOBER 1989 This Conflict of Interest Code is written to comply with Federal Regulations (24 CFR Part 85). These regulations, "Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments" require that grantees and sub -grantees will maintain a written code of standards of conduct governing the performance of their employees engaged in the award and administration of contracts. (1) No employee, officer or agent of the grantee shall participate in the selection, in the award or in the administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. (2) Such a conflict will arise when: 1) The employee, officer or agent; ii) Any member of the immediate family; iii) His/Her partners, or; iv) An organization which employs, or is about to employ any of the above, has a financial or other interest in the firm's selection for award. (3) The grantee's or sub -grantee's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to sub - agreements except as noted in Section 4. (4) A grantee's or sub -grantee's officers, employees or agents will be presumed to have a financial interest in a business if their financial interest exceeds the following: 7 i) Any business entity in which the official has a direct or indirect investment worth one thousand dollars ($1,000.00) or more. ii) Any real property in which the official has a direct or indirect interest worth one thousand dollars ($1,000.00) or more. ili) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250.00) or more in value provided to, received by or promised to the official within 12 months prior to the time when the decision is made. iv) Any business entity in which the official is a director, officer, partner, trustee, employee, or holds any position of management. v) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred dollars ($250.00) or more in value provided to, received by, or promised to the official within 12 months prior to the time when the decision is made. (5) For purposes of Section 4, indirect investment or interest means any investment or interest owned by the spouse or dependent child of an official, by an agent on behalf of an official, or by a business entity or trust in which the official, the official's agents, spouse, and dependent children own directly, indirectly, or beneficially a 10 percent interest or more. CERTIFICATION I, Vicki Van Fleet Smith , have received a copy of the Subrecipient community Development Block Grant Entitlement Program Handbook dated August 1990. 10/27/94 Dated 9 EXHIBIT A Page 1 SPONSOR'S, SUPPLEMENTAL AGREEMENT Cooperative Agency or Sponsor: Address: P.O. Box 488, San Jacinto, CA 92581 Project Title: Jobs Unlimited. Work Center Location: City -Wide. San Jacinto, CA 92581 FILE: 3.SJ036 Description: The program will provide job training and placement for 120 people who are either homeless, unemployed, mentally disabled or substance abusers. The program consists of classroom training, transitional employment, support aide and job development. CDBG funds will be used to play operational cost associate with providing the service. This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be filled out and submitted to the County r Riverside EDA on a monthly basis. Should there be no services render-€ submit a form indicating NO SERVICE. Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency Cost CDBG Approved 17,869 TOTAL $17,869 EXHIBIT A Page 3 S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1. NAME OF APPLICANT ANNUAL COMMUNITY DEVELOPMENT PROGRAM County of Riverside 2. APPLICATION/GRANT NUMBER PROJECT SUMMARY B-94-UC-06-0506 3. PERIOD OF APPLICABILITY FROM TO 4. X Original (each.year) Revision, Date June 30, 1995 Amendment, Date July 1, 1994 FILE: 3.SJ03, 5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATU. Jobs Unlimited Work Center 3.SJ036 Exempt 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBE City of San Jacinto (909) 487-733 10. DESCRIPTION OF PROJECT The project will provide job training and placement for 120 people who ar either homeless, unemployed, mentally disabled or substance abusers. Th program consists of classroom training, transitional employment, suppor aide and job development. CDBG funds will be used to pay operational cost associated with providing the service. ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a)(2)(i) CENSUS TRACT(S)/ENUMERATION DISTRICT(S) 100% L/M 12. ANTICIPATED ACCOMPLISHMENTS Provision of job training service for identified clientele. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $ (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form 9UD-7067.1 Benefit Benefit (a) (b) (c) (d) (e) Public Service 17 9.69 14. Totals $17 869 .5. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $17,869 kern California )politan Areas :in -Santa Ana PHSA County) :sfield M5A 1 County) sngeles-Long peach PMSA Angeles County) :i-Ventora PP.SA ur Coanty) :eide-San Bernardino PMSA 1--side-San Bernardino liee) FY '93 Median Family Income INCOME LIMITS 1 Per 2 Per 3 Per 4 Per 5 Per 6 Per 7 Per 8 Per $56,500 'Low -Income 27,60D 31,750 35,750 39,700 42,900 46,050 49,250 52,400 Very Low -Income 19,800 22,600 25,400 28,250 30,500 32,750 35,050 37,300 $35,000 Low -Income 20,150 23,050 25,900 28,800 31,100 33,400 25,700 38,000 Very Low -Income 12,600 14,400 16,200 18,000 19,450 20,900 22,200 23,750 842,000 Low -Income 27,050 30,900 34,800 38,650 41,750 44,800 47,90C 51,000 Vary Low -Income 16,900 19,300 21,750 24,150 26,100 28,000 29,950 31,900 555,200 wLcw-income 27,800 31,750 35,750 39,700 42,900 46,050 49,250 52,433 Very Low -Income 19,300 22,100 24,850 27,600 29,800 32,000 34,200 36,450 $41,100 Low -Income 23,000 26,300 29,600 32,900 35,500 38,150 40,750 43,400 Very Low -Income 14,400 16,450 16,500 20,550 22,200 23,850 25,500 27,150 )(2k3c, NSA 842,900 Diego County) Earbara-Santa Mar a -Lompoc $45,500 Santa Barbara County) 'err California ietro Counties Low-IHcome 24,600 28,100 31,600 35,100 37,950 40,750 43,550 45,350 very Low -Income 15,350 17,550 19,750 21,950 23,700 25,450 27,200 28,950 Low -Income 25,500 29,100 32,750 36,400 39,300 42,200 45,150 48,050 Very Low -Income 15,950 18,200 20,450 22,750 24,550 26,400 28,200 30,050 ..-ia1 County $27,700 Low-Incomo 19,200 21,950 24,700 27,450 29,650 31,850 34,000 36,200 Very Low -Income 12,000 13,700 15,450 17,150 18,500 19,900 21,250 22,650 County 833,600 Low -Income 20,200 23,100 26,000 28,900 31,200 33,500 35,800 28,100 Very -Low Income 12,650 14,450 16,250 18,050 19,500 20,950 22,400 23,850 County $39,600 Low -Income 22,200 25,350 28,500 31,700 34,200 36,750 39,300 41,800 Vary Low -Income 13,850 15,850 17,800 19,800 21,400 22,950 24,550 26,150 [oils obis- County $40,900 Low -Income 22,900 26,200 29,450 32,700 35,350 37,950 40,550 43,200 Vary Low -Income 14,300 16,350 18,400 20,450 22,100 23,700 25,350 27,000 -Income Limit subject to the national median family income level of $39,700. CALIFORNIA MEDIAN FAMILY INCOME $44,600. METRO MEDIAN FAMILY INCOME $45,200, PON-HETRO MEDIAN FAMILY INCOME $34,200. eo Performance R Activity Summery U.S. Department of Hcusinp and Urban Development nunity Development Block Grant Program Bane Acttvnes OMB Approval N. o 0077 (exp. .3/11 r9C Grantee Grant Number 1 Y OF HI`v`t0SIDE Period Covered From y Nema IOfti LC)L a l:On b Percent of Total Number of Households/Parsons Assisted (column c) who are: Total Number Law and White Black American Asian cr Fen -:ale of HouseholdsA Moderate Low Not Hispanic Not Hispanic Indian or Hispanic Paui:c IHeaoe( Person Assisted Income Income Origin Origin Alaskan Native Islander ticosehcld c d e I h k Tina rnr.rn:, tur 3 y nitro Prnvu:uo Ed1114J15 wu ubaulole form HUD-4949. 514•281 rel. 24 CFR pert 570 and handbook 6510.2 ECONOMIC DEVELOPMENT AGENCY 3499 TENTH STREET RIVERSIDE, CA 92501 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SELF CERTIFICATION FOR PUBLIC SERVICE AGENCY'S CLIENTELE CERTIFICATION AND FAMILY SIZE FAMILY SIZE FAMILY INCOME 1 $23,000 2 $26,300 3 $29,600 4 $32,900 5 $35,500 6 $38,150 7 $40,750 8 $43,400 My present yearly family income is less than the income level shown above for a family the same size as my family. I understand this information is subject to verification by authorized government officials. Name: (Print) (Signature) Address: City & State: I am (circle one only) white, hispanic, black, asian or native american. My family size is: The Agency or interviewer should complete the appropriate following statement: 3. The person signing the above certification was interviewed for services on (date): The person signing the above certification received (type of services provided): This certification form may be used to document a direct benefit claim on public service provided for the CDBG program. The family income levels shown in the above schedule are applicable to Riverside & San Bernardino Counties and all cities within those Counties as of May 5, 1993. May 5, L993 edit on. EXHIBIT A Page 2 Timetable implementation Schedule Milestone Begin Project semi -Annual Monitoring Report EDA Site Visit FILE: 3.SJO3f Start Date Completion Dat 7/1/94 6/30/95 12/1/94 12/31/94 1/1/95 1/31/95 S A N JACINTO Staff Report TO: Honorable Mayor and Councilmembers FROM: Les Evans, Director of Public Works via Pamela S. Easter, City Manager DATE: November 15, 1994 RE: INSTALLATION OF STOP SIGNS ON LYON AVENUE AT COTTONWOOD AVENUE Recommendation: Direct staff to install STOP signs for northbound and southbound traffic on Lyon Avenue at Cottonwood Avenue Fiscal Impact: The cost of installation of STOP signs and appropriate pavement markings is approximately $500.00 Background and Analysis: City Traffic Engineer has evaluated three locations for installation of 4-way STOPS. The locations were Lyon Avenue at Cottonwood Avenue, Cottonwood Avenue at Sanderson Avenue and Seventh Street at Sanderson Avenue. The City has a policy of utilizing CALTRANS warrants for installation of 4-way STOP signs. The warrants require that minimum traffic volumes entering the intersection from all approaches must average at least 500 vehicles per hour for any 8 hours of an average day. Although none of the intersections evaluated met these warrants, the Cottonwood/Lyon intersection had a history of three accidents which would be corrected by a 4-way STOP. STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Nathaniel Holmes III, Chief of Police via Pamela S. Easter, City Manger DATE: November 8, 1994 SUBJECT: Surplus City Property RECOMMENDATION Adopt Resolution Number declaring certain property as surplus and authorizing disposal of said property. FISCAL IMPACT Minor amount of proceeds returned to General Fund, dependant on sale of items. BACKGROUND From time to time, the City of San Jacinto accumulates property not usable as a result of damage, age or no longer safe to use. It is not cost effective to repair the property for use. This property may be sold at auction and the proceeds returned to the City General Fund. Attached is a resolution to declare the listed property unusable by the City, due to age or condition and be disposed of in accordance with lawful procedures. RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO DECLARING CERTAIN PROPERTY AS SURPLUS AND A ORIZING DISPOSAL OF SAID PROPERTY WHEREAS, the City of San Jacinto from time to time accumulates property not usable as a result of damage, age or no longer safe for use, and; WHEREAS, the City Council of the City of San Jacinto in an effort not to harbor property which cannot be used or is not cost effective to repair, has the authority to declare the property as surplus; NOW, THEREFORE, BE IT RESOLVED the City Council of the City of San Jacinto declares said property as shown on Attachment "A" to be surplus and authorizes the disposal of said property in accordance with lawful procedures. MOVED, PASSED, AND ADOPTED at a regular meeting of said City Council on the day of , 1994. AYES: NOES: ABSENT: ATTEST: DEPUTY CITY CLERK MAYOR SURPLUS PROPERTY VEHICLES: ITEM UNIT NO. LICENSE VIN or DESCRIPTION 77 FORD VAN 139 E289112 E14HHY00044 87 CHEV CAPRICE 102 E084525 1G1BL5166HA163640 87 CHEV CAPRICE 104 E114146 1G1BL547XLR141414 87 CHEV CAPRICE 108 E114148 1G1BL5477LR140849 90 CHEV CAPRICE 109 E114149 1 G1 B15472LR142038 87 CHEV CAPRICE 113 E084525 1 G1 BL5162HA163635 87 CHEV CAPRICE 944 E084523 1G1BL5160HA163648 85 FORD LTDII E464944 1 FABP39MXFG213023 81 IVECO 119 E084495 ZCFAEO1 H7B1002019 81 IVECO 120 E084496 ZCFAEO1H6A1001667 81 IVECO 121 E084497 ZCFAEO1H5A1001661 88 FORD TAURUS 131 E485676 1FABP52V7JG149084 88 MERC COUGAR 132 1MEBM604XJH648675 87 CHRYS 200 E084487 1 C3BF66P9HW130502 NEW YORKER 68 INTERNATIONAL FIRETRUCK E447613 486060H857114 LOADSTAR 4X4 87 DODGE PICKUP 4X4 505 E084486 1B7KW2415H5522841 84 CHEV IMPALA 905 E453525 2G1AL6963E9253924 87 DODGE 4X4 P/U 301 1B7KW2413H5522840 70 DODGE DUMP TRUCK D31BE05143872 85 PONT BONNEVILLE 2G2GS69H2F2275319 84 PONT BONNEVILLE 1G2AS69H6EB228319 86 FORD RANGER 150 E485628 1FTCR10T4GUC37452 AUTOMOTIVE PARTS: 1 Set Chev bumpers 1 Box brake pads 2 Rims and tires 4 Rear seat cages 1 Box miscellaneous cage parts 1 Set rear side window cage 3 Rear brake drums 1 Air conditioner compressor 2 V-8 engine blocks 1 Complete rear axle 1 Rear axle housing 1 Hydraulic engine hoist 1 Carburetor 1 Holly 4 barrel carburetor 1 Set of rear leaf springs 1 Large truck fender 1 Power steering pump 1 Rear sliding window for mid -size pickup 2 1 Industrial radiator end -cap 3 Industrial radiator cores 1 Smog pump unit 2 Radiator fan covers 2 Radiators for passenger cars 1 Oil cooler 1 Transmission cooler 1 Cross -bed tool box for full-size pickup 2 Boxes miscellaneous automobile parts 3 Alternators 1 Crank style jack 1 Bumper jack 1 Radiator overflow container 1 Set exhaust manifolds for V-8 1 Box seat belt parts 1 Hydraulic cylinder 1 Valve cover 5 Hydraulic hoses 1 Inner door panel for passenger car 1 Diesel truck mud -flap 1 Belt pulley 1 Box Genuine Oil filters 3 1 Box CAT filters 1 Seat base 1 Ford rubber floor mat carpet kit (still in box) 1 Industrial master brake cylinder 1 Box hub caps 1 Industrial air cleaner 1 Air blower unit 1 Glaze barker tool (2 1/2"X 5") 1 Air cleaner hose 1 Air filter 1 Box miscellaneous automobile and light parts 1 Air cleaner fitting 1 Ball joint puller 1 Bag miscellaneous gaskets 1 Tire iron 2 Industrial air cleaners (new, still in boxes) 1 White hood 6 Miscellaneous bucket seats 6 Complete Chev Caprice rear seats 1 Chev Caprice rear seat bottom 2 Pennzoil oil containers with pump 1 Chev S-10 right front seat 4 1 Chev S-10 rear seat 1 Engine fan 2 Rear bench seats for a van 1 Hydraulic manual spreader with pump 1 Allentronic diagnostic system 1 Tire changer FIRE EQUIPMENT: 1 Used fire extinguisher 1 Fire engine siren 14 Fire hoses 2 Crates fire hose couplers 1 Box fire hose couplers 1 Fire truck ladder 2 Ladders 1 Diamond plate step 1 Fire alarm bell 5 Discharge & and suction valve repair kits (part number 564-8020) 1 Set of shelves with miscellaneous fire hose fittings POLICE EQUIPMENT: 1 Motorola pager charger, Serial No, 108G4 4 Motorola individual HT chargers 1 Motorola multi -HT charger 1 Motorola foot switch for dispatching 1 Box Motorola pagers, chargers, and miscellaneous 1 Schlage all purpose entry lock 1 box miscellaneous florescent light components 1 Toolbox containing two oil filters 1 G.E. alarm clock 1 Wireless intercom set 3 Antennas 1 General Fire fire extinguisher (fully charged) 1 Merex used fire extinguisher 1 Extension mirror 1 Meridian phone data center with expansion unit 1 G.T.E. wall mount business phone 1 Titan heater fan 1 Dayton six amp battery charger 1 Box miscellaneous electronic parts 1 Box Vicon 2 Code 3 MISCELLANEOUS: 1 Craig 2702 Code 2, Serial No. S70305 1 G.E. Master Executive 2, Serial No, IDC33090184 1 G.E. Master Executive 2, Serial No, 9373223 6 1 G.E. Master C.B. base with microphone, San Jacinto No. 0263 1 G.E. Electronic payment system, Serial No. 011-107-142 1 G.E. Transmitter/receiver, Serial No. 429393 1 G.E. Receiver, Serial No, 3430589 1 IBM desk computer 2 Kitchen Aide dishwashing machines 1 Milwaukee radial arm saw 6 Motorola Model 1691B receivers 1 Motorola Business Dispatcher, San Jacinto No. 0216 1 Motorola H.T. charger, San Jacinto No. 4009 1 Motorola H.T. charger, San Jacinto No. 40102 5 Motorola monitors 1 Motorola monitor charger, San Jacinto No. 07A 3 Motorola microphones, Model No. 6013A 1 Motorola microphone, Model No. HMN2002A 2 Motorola microphones, Model No. BMTMN1025A 1 Olympus typewriter with cover 1 Sony Transcriber Secutive with switch, Model No. BM-25A, Serial No. 22723 1 Victor adding machine with cover, San Jacinto No. 0017 1 Whelen Model No. 12F13D11522-45, Serial No. 01-0266094-00 1 Whelen Model No, WG-295, Serial No. 112428 1 Xerox Model No. 2830 copy machine 7 1 Box toner 4 Light bars 3 Rotator lights Miscellaneous light bar lenses (5 amber, 11 clear, 49 red, 33 blue, 2 black, 28 black spacers, 3 stainless center covers) 8 C.B. radio antennas 1 Sour FL Diaphragm -pump, Model No, 2193-07-012-14 1 Tape recorder 1 P.A. speaker 1 Box radio crystals 1 Box miscellaneous electrical supplies 1 Radio mounting bracket 1 Box spot light reflectors and miscellaneous parts 1 Box miscellaneous instruction manuals 1 Carton phone wire 2 Outdoor light fixtures 1 Speaker 3 Box miscellaneous metal components 1 Mirror 2 Cans primer paint 1 Large green hose, 5 inch diameter 3 Crates miscellaneous parts 1 Box miscellaneous 1 Desk file 72 Metal folding chairs 1 Yardman 5 hp lawn mower 1 Edger 11 Doors 2 Bookcases 1 cabinet with bi-fold doors 1 Box package disaster hospital kit 1 2 Drawer card filing cabinet 1 Model display 1 Box of envelopes 1 First aid kit 2 Rolling chairs 5 Desks 1 Medicine chest with mirror attached 1 Metal cabinet 1 Box brass rings 1 Motorcycle helmet 9 Riot helmets 2 Boxes wire 1 Box picture frames 4 Intersection traffic counters 9 16 Windows 2 Sheets of glass 1 Box miscellaneous radios 4 Typewriters 6 Street decorations 1 Neon San Jacinto sign 4 Aluminum picnic benches 3 Directional arrows 1 Air compressor 1 Airless paint sprayer 1 Liquid propane Christmas tree 2 Oxygen bottles 1 Magic Chef 4-burner stove 1 Vacuum cleaner 1 Chemko carpet cleaner with attachments 1 Clark carpet cleaner 1 Pair wooden crutches 1 Drill press 1 Keyboard 1 Radio receiver, Serial No, 247-A37423 1 Radio receiver, Serial No. 247-A37337 14 Fluorescent light fixtures 10 1 Recessed light fixture 1 Oxygen regulator 1 Gas burner 1 Card scanner 1 8 cup coffee maker 1 Shoe polisher 1 Samsung display monitor, Serial No. 210400337 1 Fujitsu color monitor, Serial No. 001519A 1 Lynker 1200 modem for IBM 1 Set of five (5) Novell books 1 Fujitsu Series 2000 with keyboard and four books 1 Canon P102-D adding machine, Serial No. 251242 1 IBM computer keyboard, Serial No. PN1503206 1 Unitek computer keyboard, Serial No. 504987 1 Chicowy Electronics Co. computer, Serial No. CH118509ST 1 Xtron computer and monitor, Serial No, 87083062 1 IBM XT computer, Serial No. 5160-4058429 1 IBM XT computer, Serial No. 60091775160 1 Sueptre monochrome monitor, Serial No, 122GBAW0204 1 Samsung monochrome monitor, Serial No. 210400139 IBM book, basic reference IBM personal computer books, disk operating system 1 Quonset building, 30' X 144' 11 1 Quonset building, 22' X 48' 2 Quonset buildings, 20' X 48' SURPLUS WEAPONS: HANDGUNS AMT Lightning .22 pistol cal., stainless steel SERIAL NUMBER Charter Arms Undercover, .38 cal. revolver, 2" barrel 410704 missing cylinder base screw Cobray Model M-11, 9mm machine pistol Colt Lawman, .357 Mag cal.revolver, 2" barrel Colt Official Police, .38 cal. revolver, 4" barrel stag grips Michigan Armament Guardian SS, .380 cal. no grips 88-0002325 362146 870873 G38053 Ruger GP100 .357 Mag. cal. revolver, 4" barrel 171-33346 Ruger Security Six .357 Mag. cal. revolver, 4" barrel 154-98013 Smith & Wesson Highway Patrolman, .357 Mag. cal. S263374 revolver, 6" barrel Smith & Wesson Model 10, .38 cal. revolver, 5" barrel D141632 Smith & Wesson Model 10. .38 cal. revolver, 4" barrel D72771 no cylinder release button Smith & Wesson Model 10, .38 cal. revolver, 4" barrel C371486 Smith & Wesson Model 19, .357 Mag. cal. revolver, 6" barrel 7K10972 LONGGUNS 12 High Standard Flite King Model K120 12 ga. shotgun SJPD 0240 High Standard Riot 18-7 Model K120 12 ga. shotgun 3084251 Mouser Patrone .22 cal. bolt action single shot rifle Norinco AK47 7.62 X 39 mm cal. autoloading rifle MS012580 Norinco AK47 7.62 X 39 mm cal, autoloading rifle CGA2800 no top receiver shield Ranger Model 36 .22 cal. bolt action rifle no magazine Remington Arms 12 ga. double barrel shotgun, external hammers Remington Model 1100 12 ga. autoloading shotgun N9934295V Remington Model 1100 12 ga. autoloading shotgun P131577V Remington .30-06 cal. bolt action rifle 6895682 Remington Model 4 .270 cal. autoloading rifle, with Buschnell 409 variable power scope, serial number filed off 13 STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Les Evans, Director of Public Works via Pamela S. Easter, City Manager DATE: November 15, 1994 SUBJECT: REQUEST FOR PARADE PERMIT FOR SUNDAY, DEC. 11, 1994 - FROM 11 AM UNTIL NOON Recommendation: Approve the parade permit subject to providing insurance and reimbursing any costs of City Police and Public Works personnel. Fiscal Impact: If no insurance is provided by applicant, the City will assume unlimited liability for any accidents which take place in the public right-of-way. No Police or Public Works Department assistance has been requested. Background: Saint Anthony's Church is requesting permission to have a religious procession on Victoria Avenue, Main Street and Santa Fe Avenue on Sunday, December 11, 1994. The parade has taken place every year for the past 38 years along a similar route. Participants use the sidewalk when possible and attempt to avoid conflicts with vehicles. The parade route goes around the block and does not cross any intersections. 22 October 1994 t A st24jemu's (Rhurr}j G88 *mda 7e ckveum RECENED OTT taws tl* OCT 2 4 1994 �an-7ttriiilo, lralifuznia BY City Clerk City of San Jacinto 316 East Main Street San Jacinto, CA 92583 The Guadalupano Club of Saint Anthony's Catholic Community requests permission to hold a procession on Sunday, December llth, in honor of Our Lady of Guadalupe, which is a holy day in the church cal- endar. The procession will commence at 11:00 a.m. and conclude at approximately 11:50 a.m. Please see attached map. Thank you for your consideration in this matter. Sincerely, Rev. Charles Devine Pastor CD/pr 5•I STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Nathaniel Holmes III, Chief of Police via Pamela S. Easter, City Manager DATE: November 15, 1994 SUBJECT: Road Closure for the Tinsel Triathlon RECOMMENDATION Approve the closure of Soboba Road between Gilman Springs/State Street, and the Soboba Indian Reservation, for the 9th Annual United Way Tinsel Triathlon.. FISCAL IMPACT None. No police or public works assistance has been requested. United Way will maintain event liability insurance with the City as joint insured. BACKGROUND United Way is requesting the closure of Soboba Road between Gilman Springs Road and the Soboba Indian Reservation for the 9th Annual Tinsel Triathlon. This event is scheduled to be held on Sunday, December 4th, 1994 and will be run out of the Soboba Country Club. The triathlon was held last year along the same route with no problems. United Way will provide their own barricades, and have solicited volunteers from the Police Explorer Post, and the police reserves to handle traffic control. There is no anticipated cost to the city. Attached is a copy of the application to the county department of transportation, they have been contacted and anticipate no problems in granting the closure of the county portion of Soboba Road. EXECU TP'E BCARO PRESIDENT ROBERT LOPEZ DER ITHERN DALIFEIRNIA EDISON MICE PRESIDENT KENT DIVINE NVINF.S INSURANCE EERb'ICE SECRETARY HANK RIC:HARDSON CAN _ ;C.INTO UNIFIED SCHOOL. DIST. .TREASURER DILL LINO L. L1NS CHIROPRACTIC CLINIC ENECEITERS n REC OR ,HOE DCISTEEPMARS MES.EER A;.SENCIES ALTERNATIVES TO DOMESTIC VIOLEf AMERICEARI CANCER SOCIETY K. EUFFALO TRAILS ,LOUTS CENTER AGAINST SEXOAL ASSUALT ✓HILDREN'S HOSPITAL ti.` 1ML. LAITY mANTRY A VISTA CENTFP HA`.T,L1fLi4 JNA HOSPICE .SALVE iHON AF ,Y IIECNIER :AY CARE `ENTER _ E ENTER E IAID EFN"ER F'EUU-iCE CENTER Central County United Way 2587 So. San Jacinto St. San Jacinto, CA 92583 (909) 929-9691 FAX: [909) 652-0064 Laurie Mora, Deputy Clerk City of San Jacinto 312 E. Main San Jacinto, CA 92583 re: United Way Tinsel Tri Dear Laurie; On December 4, 1994 it is our intention to hold the 9th annual Tinsel Tri at Soboba Springs Country Club. We will be closing the roads in the area for approximately 2 hours. We have been working closely with Chief Holmes and Pam Easter on the project and will incorporate any ideas they have on the conduct of the event. It is our intention to secure an event insurance policy naming the City of San Jacinto as an additional insured. Thank you for your help with this project. If you have any other requirements, or need any further information, please call me at (909) 929-9691. VITEC \\A' " MISSION: IC INCREASE THE OROAN!ZE0 CAPACITY OF PEOPLE TO CARE FOR :NE ANOTHER COUNTY L_- RIVERSIDE TRANSPORTATION'PARTMENT Traffic and Safety Division INFORMATION SHEET FOR PARADE AND SPECIAL EVENT PERMITS Date: 11-02-94 Central County United Way Name of Organization 2587 San Jacinto Street San Jacinto 92583 Address of Organization Bob Duistermars, Director Nat Holmes Person in Charge of Arrangements (909) 487-7362 Day -time Number of Person in Charge Sunday December 4, 1994 0745-1045 p ..r;_me o. gip, ca:3t Day of week Date Times gnature of Approximate number of entries: Type of event: // Parade /X / Bicycle Ride // Running // Block Party /_/ Other Description of route or location: (attach map if available) Soboba Road between Gilman Springs and Lake Park Drive A NON-REFUNDABLE filing fee of $50 MUST accompany this application, which must be .received by the Transportation Department no later than 30 days prior to the event, per Resolution 89-99 dated March 7, 1989, (see attachment). Additional charges may be required. NO MARKINGS OR ARROWS INDICATING THE EVENT MAY BE PAINTED ON THE PAVEMENT. ALL PARTICIPANTS OF ANY BICYCLE EVENT/RUNNING EVENT MUST USE THE RULES THAT GOVERN BICYCLE/PEDESTRIAN TRAVEL PER THE CALIFORNIA VEHICLE CODE, UNLESS DIRECTED OTHERWISE BY LAW ENFORCEMENT OFFICIALS. NO PERMANENT OBJY,CTS SHALL BE CONSTRUCTED WITHIN BLOCK PARTY AREAS. All parades and/or special events must be coordinated and receive approval of the appropriate office of the California Highway Patrol. PLEASE READ THE ATTACHED RESOLUTION INFORMATION. IF APPLICATION IS TO BE MADE, PLEASE MAIL 'THIS APPLICATION, ALONG WITH THE $50 NON-REFUNDABLE FILING FEE TO: If COUNTY OF RIVERSIDE TRANSPORTATION DEPARTMENT TRAFFIC AND SAFETY DIVISION 1695 SPRUCE STREET RIVERSIDE, CA 92507 ATTENTION: J. R. MORGAN you have any questions, please call Mr. Morgan at (909)275-6800. bj1 December 15, 1992 ,r. TO: FROM: DATE: SUBJECT: STAFF REPORT Honorable Mayor and City Council Members Brian McNabb, Director of Community Development via Pamela S. Easter, City Manager November 15, 1994 DISCRIMINATION COMPLAINT PROCEDURE Ass DA RECOMMENDATION Staff recommends the City Council Adopt the attached Resolution establishing a discrimination complaint procedure for the City, pursuant to the Americans with Disabilities Act. BACKGROUND In 1990, the Americans with Disabilities Act (ADA) was signed into law by then President George Bush. An action required by ADA is the establishment of complaint procedures in the event any individual using City programs or activities alleges discrimination. The procedure would apply to City facilities, services, programs or activities which are inaccessible or unusable by disabled persons. The complaint procedures are being established by resolution, and upon adoption would be effective immediately. The complaint procedure would be available for any individual who feels he or she was adversely affected by illegal discrimination. The process involves the filing of a complaint form by the aggrieved individual with the City's designated ADA responsible employee (Tim Hults), followed by an investigation by this employee or the concerned City department. The report of the investigation is then forwarded to the City Manager for review. If it is determined that discrimination has occurred, the appropriate remedy and elimination of the discriminatory practice will commence. Attachments: Resolution, Exhibit "A" CCRPT-94\DISCRIM.RPT RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ESTABLISHING A DISCRIMINATION COMPLAINT PROCEDURE FOR PERSONS WITH DISABILITIES THE CITY COUNCIL OF THE CITY OF SAN JACINTO, STATE OF CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION I. The City of San Jacinto discrimination complaint procedure is available for use by any individual who believes he or she has been adversely affected by illegal discrimination on the basis of disability by the City of San Jacinto. SECTION II. The basis for filing a complaint is alleged illegal discrimination based on disability by the City of San Jacinto, as defined by the Americans with Disabilities Act. SECTION III. Allegations of illegal discrimination can be filed with the ADA responsible employee as a written complaint within 90 calendar days of the alleged incidence or occurrence. City of San Jacinto discrimination complaint forms are available from the City Clerk and or responsible employee. SECTION IV. Each complaint filed will be reviewed by the responsible employee to determine the adequacy of the grounds for the complaint. The responsible employee may refer the complaint to the concerned City department, independently investigate the complaint, or investigate the complaint in collaboration with the concerned City department. When the complaint is referred to the concerned City department, the department will investigate the alleged illegal discriminatory actions within 45 calendar days. All reports of investigation and findings will be forwarded to the City Manager for review. If the finding of the investigation by the concerned City department concludes discrimination occurred because of an unlawful discriminatory practice, the concerned City department will remedy the matter, following consultation with the responsible employee. The complainant will be advised, in writing, of the findings and conclusions of the investigation. If the finding of the investigation conducted by the concerned City department, as reviewed by the City Manager, is that illegal discrimination did not occur, the complainant will also be so advised in writing. Investigations conducted independently by the responsible employee or in collaboration with the concerned City department are subject to the 45 calendar day investigatory time period. If the finding of the responsible employee concludes discrimination occurred because of an unlawful discriminatory practice, the findings will be made known to the department head or appropriate City official(s) in order to remedy the situation and eliminate the practices which caused the problem. The complainant will be advised, in writing, of the findings and conclusions. If the finding of the responsible employee is that illegal discrimination did not occur, the complainant will be so advised in writing, and the department head or appropriate City official(s) will be apprised. SECTION V. The responsible employee serves as a neutral third party in seeking the facts and attempting to determine whether or not illegal discrimination did take place. Consequently, the responsible employee does not function as the advocate of the complainant nor of the City department involved. SECTION VI. Complaints may be resolved by conference, conciliation, and persuasion at any time during the process. BE IT FURTHER RESOLVED THAT THE DISCRIMINATION COMPLAINTS SHALL BE FILED BY USING A "DISCRIMINATION COMPLAINT FORM" WHICH IS ATTACHED HERETO AS EXHIBIT "A." Moved, passed and adopted by the City Council this day of , 1994. Mayor Attest: Deputy City Clerk Certificate The foregoing is certified to be a true copy of Resolution No. , duly adopted by said City Council of the City of San Jacinto on the date set forth therein. Deputy City Clerk ..../•••••••••1m. ----Notol S A N CITY OF COMPLAINT FORM FOR ON THE BASIS Complainant's Name: DISCRIMINATION DATE: JACINTO SAN JACINTO ALLEGED OF DISABILITY Phone #: ( ) ( ) Address: CA 9 Describe the alleged discriminatory action in sufficient detail to make your complaint clear. Attach additional pages, if necessary: What actions do you request be taken to correct the alleged discrimination: Signature of (check one): Complainant(s) Authorized representative(s) Signature Date 201 East Main Street, San Jacinto, CA 92583 • 909 487-7330 fax 909 654-9896 NUL)--ild-I/1 1b F-KUI'l LUA 6. LUA I U r),)4 3(11 THOMAS I•IL LIOK JAMS A. COX JULIE M. CLAPP( November 10, 1994 cox 8c cox A PROFESSIONAL CORPORATION ATTORNEY5 AT LAW SOS EAST FLORIDA AVENUC HEMET, CALIFORNIA 92543 TO: Mayor and members of the City Council FROM: James Cox TELEPHONE AREA CODE 009 8E2- IHOO FAX (9o9) 8S2-398C> RE: Resolution to Establish Procedures for Handling of Tort Claims. RECOMMENDATION: Adopt the Resolution entitled: A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SAN JACINTO ESTABLISHING PROCEDURES FOR THE HANDLING OF CLAIMS UNDER THE CALIFORNIA GOVERNMENT TORT CLAIM ACT. DISCUSSION: Attached is a proposed Resolution to establish procedures for the processing of Government Tort Claims. This Resolution is proposed after Council direction to establish procedures for the administrative handling of small claims, thereby saving time and expense. The City Manager suggested that claims at or below $150.00 be subject to administrative handling and the resolution has been so drafted. This Resolution also expands the list of actions under which a tort claim must be filed prior to bringing suit against the City. Under the Government Code, no tort claim is required for the types of actions listed in Sections 3 and 4 of the Resolution. The Government Code allows cities to adopt procedures to make such actions subject to the Tort Claim requirements. The tort claim procedure often significantly reduces the applicable statutes of limitations for bringing suit against the City and it provides additional defenses to the City when suits are filed without proper presentment of a claim. Because of these potential benefits to the City, it is recommended that the Resolution be approved to expand the types of actions requiring a tort claim. NOV-10-1994 14:51 FROM CnX & COX TO 654 3720 8.03 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SAN JACINTO ESTABLISHING PROCEDURES FOR THE HANDLING OF CLAIMS UNDER THE CALIFORNIA GOVERNMENT TORT CLAIM ACT. The City Council for the City of San Jacinto hereby resolves as follows: Section 1. Purpose: This resolution is intended to establish procedures for the efficient handling of tort claims filed with the City Clerk, pursuant to Government Code Section 900 et. seq. Section 2. Claims: All claims presented to the City of San Jacinto alleging any right, action or claim for damage, shall be presented to the City Clerk. The City Clerk shall thereupon stamp the claim as "Received" and endorse thereon the date of receipt. Any City employee or department which receives a letter from any person or entity which contains any such demand or claim shall immediately transmit such letter to the City Clerk for review and handling pursuant to this Resolution. Claims shall contain such information as is required by the Tort Claim Act. When practicable, claims shall be presented upon the form established therefor and copies of the form shall be made available to any person so requesting at the office of the City Clerk. Section 3. Public Entity Claims: Any claim by the State of California, any County, City, District or other public agency or entity, including any claims for indemnity, shall be presented to the City Clerk for processing under the procedures set forth in the Tort Claim Act, as a prerequisite to suit_ Section 4. Other Claims Excepted By Tort Claim Act: Notwithstanding the provisions of Government Code Section 905, and as a prerequisite to suit, there shall be presented to the City Clerk, pursuant to the procedures and within the time limitations specified below, under the Tort Claim Act, any claim for the following: (a) Claims related to tax matters and assessments. (within one year after payment of any tax or assessment) (b) Mechanics and other construction liens. (within 6 months) NOU-10-1994 14:51 FRUM LUX LUX 1U OD4 JrCO (c) Claims for salary, expenses, pension benefits, workers' compensation and unemployment compensation. (within 6 months) (d) Claims on bonds and other public -financing matters. (within 6 months) (e) Claims to penalties withheld on public works projects. (within 6 months) (f) Claims concerning the creation of pedestrian malls. (within 6 months) Nothing contained within this Section shall be construed to expand or extend any other applicable limitations period for the filing of suit, presentment of claims, liens, stop notices or any other action required by law, regulation or ordinance. Section 5. Process n of Cl : Upon receipt, the City Clerk shall provide copies of the claim to the City Attorney and to the City's Claims Administrators. The Claims Administrator shall make recommendation to the City Clerk as to the action to be taken. Unless previously settled pursuant to Section 6. below, upon the recommendation of the Claims Administrator, with the concurrence of the City Attorney, the claim shall be placed on the Council Agenda for action. The agendized claim shall include the recommendation of the Claims Administrator. To the extent practicable, all claims shall be processed within the time limits contained within the Tort Claim Act. Section 6. Administrative Discretion: Notwithstanding the above, the City Claims Administrator, with the concurrence of the City Attorney, shall have the authority to settle administratively, any action claiming damages of $150.00 or less. Any settlement made under this provision shall be accompanied with the claimant's written agreement of settlement and release of claim. MOVED, PASSED AND ADOPTED this day of , 1994. AYES: NOES: ABSTAIN: Henry Hafliger, Mayor Attest: g111� S A N JACWTO Staff Report TO: Honorable Mayor and Members of the City Council FROM: Pamela S. Easter, City Manager DATE: November 15, 1994 RE: Appointment of Staff Member to Fill Vacant City Clerk Position RECOMMENDATION: Appoint Fire Captain Bob Wilson to fill the unexpired term of City Clerk, until November 1995; allocate $125.00 per month of General Funds to compensate the position. BACKGROUND With the resignation of Dave Anderson, who has served as appointed City Clerk since 1993, the City Council directed staff to recommend a staff member to fill the unexpired term. In reaching out to the staff, several expressed a willingness to serve. All of them would have done an excellent job. I would recommend that Bob Wilson, our Fire Captain/Fire Marshall be appointed to fill the vacancy. He is a long time resident of San Jacinto and has been helpful in the past to implement filing and record keeping systems. Although Dave Anderson volunteered to serve without compensation, I would recommend that the new appointed person receive compensation. The last person in the position received $125.00 per month. The required funds for the remainder of 1994-95 would come out of the Assistant to the City Manager salary savings. Then in the 1995-96 budget the $125.00 per month would be included in the budget. A N JACI NTO Staff Report TO: Honorable Mayor and Members of the City Council FROM: Pamela S. Easter, City Manager DATE: November 15, 1995 SUBJECT: Community Development Block Grant (CDBG) Program (21st Year, 1995-96) RECOMMENDATION: Conduct a public hearing to receive comments on suggested uses for 21 st year Community Development Block Grant funds. 2. At the conclusion of the public hearing, determine the 21 st year CDBG Public Service Theme. 3. Direct staff to meet with the Area Directors' Association to review and evaluate applications for Community Development Block Grant Public Service funds. 4. Direct staff to prepare a report reflecting the recommendations of the Area Directors' Association for expenditure of CDBG funds at the January 3, 1995 City Council meeting. Direct staff to submit recommend actions for the expenditure of City sponsored projects at the January 3, 1995 Council meeting. BACKGROUND The Community Block Grant (CDBG) program is a Federal program designed to fund projects that will assist low and moderate income persons in each City. Funds are allocated based upon the City's population. These funds are tightly regulated, and have a very specific set of eligibility criteria. Tonight is the first of two public hearings the City Council will hold to gain input from the community on suggested uses for the City's Community Development Block Grant Program (CDBG) of approximately $172,766, for the 1995-96 program year. Eighty-five percent (85%) of the funds, ($146,851) are required to be spent on City sponsored programs, with fifteen percent (15%) ($25,915) allowed for public service projects. Display ads were placed in the local news media to encourage citizen participation in the public hearing process. The requirements for the two types of projects, discussion of a City "Theme, and a description of the application process is outlined below: City Sponsored Projects While any idea for proposed projects can be considered at the City Council meeting, the Federal Government has issued rather strict eligibility criteria for use of CDBG funds. In order to assess a proposed activity's eligibility for funding, the City must determine if the activity: . Is included in the listing of eligible activities in the CDBG regulations. (Buildings for the general conduct of government, ie., City Hall facilities, are ineligible.) 2. Meets one of the national objectives: a. Benefits low and moderate -income persons. b. Addresses slum or blight. c. Meets an urgent community development need. 3. Costs appear reasonable and necessary. In addition, the City must ensure that the activity will not violate the certification that at least 60% of the City's allocated block grant funds will benefit low and moderate -income persons over one, two, or three consecutive program years; and complete the environmental review and clearance procedures. Examples of eligible activities are as follows: * Acquisition or disposition of real property * Public facilities and improvements * Privately -owned utilities * Clearance * Interim assistance (i.e., floods or earthquakes) * Relocation * Loss of rental income * Removal of architectural barriers * Housing rehabilitation * New housing construction * Code enforcement * Historic preservation * Commercial or industrial rehabilitation * Special economic development Examples of projects which have been funded by CDBG monies in past program years: Community Center Improvements 7th St. Water and Sewer Line Construction Downtown Sidewalk Project Downtown Storm Drain Project Public Service Projects The Council may grant up to 15% of the CDBG allocation in any given year for Public Service projects. For the 21st year program it is anticipated that $25,915 may be available for distribution. In order to qualify for CDBG funds, an organization must provide: 1). A new public service, or 2). Provide a quantifiable increase in the level of the service above that which has been provided by or on behalf of the city. Public Service projects may qualify for block grant funds if they meet the following specific criteria: 1. The service is available to all residents in a particular area and at least 51% of those residents are low or moderate income persons. 2. The service is limited to a specific group of people at least 51% of whom are low and moderate -income persons (the following groups are presumed by HUD to meet this criterion: abused children, battered spouses, elderly, homeless, handicapped or illiterate persons and migrant farm workers); 3. The service is part of an activity designed to alleviate existing conditions and the grantee certifies that those conditions are a serious and immediate threat to the health or welfare of the community, they are of recent origin or recently became urgent, the grantee is unable to finance the activity on its own, arid other sources of funds are not available (example: major catastrophes such as floods or earthquakes). These projects are not to exceed 15% of the total allocation in any given program year. In addition to the above, in order to qualify for CDBG funds, an organization must be a new public service or it must provide a quantifiable increase in the level of the service above that which has been provided by or on behalf of the City (through funds received from the State). Public Service Projects which have been funded by CDBG monies in past program years include the following: *Valley Restart Drop -In Center *Phoenix Programs Inc, "Jobs Unlimited" *Valley Teen Project *Hemacinto Youth Boxing Program *Senior Day Care Center 21st Year CDBG "Theme" The City usually receives more requests for the public service portion of the funds than can be accommodated. The City Council, in recent years, has expressed a desire for a consistent procedure for making these decisions. The procedure that emerged, was to select a single "theme" or emphasis from all eligible CDBG categories. This is intended to give potential applicants an indication of the City's priorities, and the likelihood of receiving CDBG funds prior to filling out an extensive application. It also provides the City Council with specific criteria with which to evaluate funding requests. Eligible CDBG funding categories for public service funds are as follows: * Child care * Health care * Job training * Recreation programs * Education programs * Public safety services * Fair housing activities * Services for senior citizens * Services for homeless persons * Drug abuse counseling and treatment * Energy conservation counseling and testing In 1992, the City Council selected the theme "Basic Needs," declaring eligible for funding those requests that provided housing, food or clothing to needy persons. As such, it combined several CDBG eligibility categories. Agencies receiving grants in this year were as follows: La Vista Alcoholism Center Valley Restart Shelter Inland Valley Dual Diagnosis Pjt. Alternatives to Domestic Violence $3,021 $2,607 $2,858 $5,594 In 1993, the Council selected the theme "Youth, Families, Seniors." Agencies receiving grants this year were as follows: Youth Boxing Club Senior Daycare Center Valley Teen Project $5,000 $5,000 $5,395 In 1994, the Council selected the theme Jobs: Prevention and Intervention. Agencies receiving grants this year were as follows: Phoenix Prgms. "Jobs Unlimited" $17,869 Riverside County EDA is requesting that CDBG Public Service Grants be awarded in amounts over $10,000. With approximately $25,915 to award this year, this will limit the number to two recipients. Last year the City Council expressed interest in asking the Area Directors' Association to evaluate CDBG Public Service proposals, and to make recommendations to the City Council for funding. The Area Directors' Association has accepted this task and will evaluate the submitted proposals on the basis of eligibility, and merit, consistent with the theme adopted by the Council at tonight's meeting. Application Process Applications for Public Service projects will be available after the public hearing tonight and are to be returned to the City Clerk's Office by the end of the working day on December 16, 1994. At that time, City and Area Directors' Association staff will review public service proposals for HUD CDBG eligibility. Those project applications that pass this screening will be forwarded to a committee made up of members of the Area Directors' Association. They will evaluate, rank, and make funding recommendations to the City Council. City staff will assist by packaging the successful public service applications and the City sponsored projects into a staff report for the January 3, 1995 public hearing. Council will make the final project selection at the January 3rd meeting. City staff will consolidate City sponsored projects, the successful public service project(s) applications and the required documentation of the citizen participation process into the final CDBG application which will be forwarded to the County EDA no later than January 12, 1995. CDBG CALENDAR 21ST PROGRAM YEAR FY 1995 - 1996 1 9 9 4 November 1 Submit Public Hearing Notice to City Clerk November 5 Publish Public Hearing Notice for Nov. 15 Council meeting November 15 1st CDBG Public Hearing - input and ideas for projects and selection of theme by City Council November 15 Distribution of CDBG Public Service Funding Applications December 15 Deadline for submittal of CDBG applications to City Clerk's office December 19 Provide Public Hearing Notice to City Clerk December 21 Area Director's Association reviews and evaluates submitted public service applications. Submits written recommendations to City Council. December 23 Publish Public Hearing Notice for January 3, 1995 Council meeting 1995 January 3 2nd CDBG Public Hearing - City Council selects projects to fund January 12 City CDBG application due to Riverside County EDA February 28 Riverside County EDA notifies City of status of its proposal March 7 A Proposed Statement of Community Development Objectives and Projected Use of Funds is published countywide. 1 9 9 5 (continued) March 14 March 28 April 15 County Board of Supervisors set March 14, 1995 as Public Hearing for Projected Use of Community Development Block Grant (CDBG) Funds. EDA notifies ail applicants and CDAC members of hearing. Board of Supervisors approval of Final Statement of Community Development Objectives and Projected Use of Funds for 21st Program Year (FY 1995-1996). Applicants approved for funding are notified by EDA staff and requested to complete Environmental Assessments. Applicants not approved for funding are also notified. April 15 Final Statement published Countywide and copies are made available at County libraries and all city halls. April 15 Final Statement submitted to U.S. Department of Housing and Urban Development (HUD) July 1 HUD approval of Final Statement and Release of 21st Year CDBG Funds. FDA .-..ram S A N JACINTO TO: Honorable Mayor and Members of the City Council FROM: Gene Price, Interim Fire Chief v� Via: Pamela S. Easter, City Manager DATE: November 15, 1994 Staff Report RE: Introduction of Ordinance Regarding Fire Hazard Severity Zones. RECOMMENDATION: Waive the reading in full and read by title only, and introduce (First Reading) Ordinance related to Hazard Severity Zones. BACKGROUND: In 1992, shortly after the conflagration Fire in Oakland, Assembly Bill 337 was adopted which required the California Department of Forestry to identify Vary High Fire Hazard Severity Zones in all areas of the state. The priority was to identity these zones in areas where cities, counties, and special districts are responsible for providing fire protection. City staff, in cooperation with CDF, has identified high hazard areas for the city of San Jacinto (see attached map). The adoption of this ordinance will accept the designated zones by the city. The Bill requires that within the zones, class B roofing standard or better must be met. Our City at this time requires class A roofing and Fire Sprinklers in all structures within the City, that exceeds the requirements of the state. AB 337 mandates that the Very High Fire Hazard Severity Zones must be identified and in place by January 1, 1995. It also prohibits the City from reducing the building requirements in these zones below the State standards. FISCAL IMPACT: None f 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN JACINTO REQUIRING THE FIRE CHIEF TO DESIGNATE VERY HIGH FIRE SEVERITY ZONES THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES ORDAIN AS FOLLOWS: SECTION 1: This Ordinance requires the fire department to designate very high fire hazard severity zones within its jurisdiction within 120 days of receiving recommendations from the California Department of Forestry and Fire Protection. SECTION 2: This ordinance permits the fire department, at its discretion, not to recognize areas with in its jurisdiction identified by the California Department of Forestry and Fire Protection as very high fire hazard severity zones following a finding supported by substantial evidence in the record that the requirements for very high fire hazard severity zones are not necessary for effective fire protection within the area. SECTION 3: This ordinance permits the fire department, at its discretion, to include areas within its jurisdiction, not identified as very high fire hazard severity zones by the California Department of Forestry and Fire Protection following a finding supported by substantial evidence in the record that the requirements for very high fire hazard severity zones are necessary for effective fire protection within the area. SECTION 4: This ordinance shall be in full force and effect 30 days after its passage, and within 15 days after its passage it shall be published in a newspaper of general circulation. INTRODUCED at a regular meeting of the San Jacinto City Council held on the 15th day of November,1994 MOVED, PASSED, AND ADOPTED by the San Jacinto City Council on the day of 1994 by the following vote: AYES: NOES: ABSENT: Mayor ATTEST: Deputy City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF SAN JACINTO , City Clerk of the City of San Jacinto, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. of the City Council of the City of San Jacinto, adopted by said Council at a regular meeting on the day of , 1994 City Clerk CAUFOlit. A%& SANDERSON A roPPP---"miim SAN JACINTO TO: Staff Report Honorable Mayor and Councilmembers FROM: Les Evans, Director of Public Works via Pamela S. Easter, City Manager DATE: November 15, 1994 RE: REVISIONS TO STREET MAINTENANCE PROJECTS Recommendation: Approve the bid of Matich Corporation for widening of Ramona Expressway at Chase Street in the amount of $82,855, to be funded with City Regional Transportation Funds. Approve the amended bid of Matich Corporation for the 1994 Pavement Rehabilitation Project, deleting the repair of Seventh Street between Jordan Avenue and Mistletoe Avenue from the project for a contract amount not to exceed $175,000. Approve the proposed 1994-95 Street Maintenance Program proposed by the Public Works Department. Fiscal Impact: The City has a fund balance of $153,635 in Regional Transportation Funds generated by Development Fees over the past ten years. These funds may be utilized for street widening projects on streets with regional significance. The Finance Director has determined that Gasoline Tax Funds available in fiscal year 1994-95 will be $735,975. After obligating funds for budgeted items, $224,905 remains for street rehabilitation projects or other projects approved by the City Council. Available Measure "A" funds for 1994-95 are $415,000. The City has received a Federal Grant of $283,000 for the rehabilitation of Warren Road. Page Two November 15, 1994 Street Maintenance Projects On October 18, 1994, the City Council rejected all bids for the 1994 Pavement Rehabilitation Project due to a lack of funds. At the same meeting, the City Council directed staff to reconsider the Pavement Maintenance Program for 1994-95. After a review of available funding and a reconsideration of maintenance and construction needs, staff recommends the attached Street Program for 1994-95. PROJECTS 1994-95 STREET PROGRAM REG. TRANSP. GAS MEASURE FED FUNDS TAX "A" GRANT Reconstruction of De Anza Drive west of State St. $40,000 Repair of Warren Rd. - 25,000 north of Cottonwood (temporary paving) Reconstruction of Seventh Street between State St. and Jordan Avenue Widening of Ramona Expressway at Chase Street for left turn lanes Reconstruction of Warren Rd. between Cottonwood and Ramona Expressway 110,000 $82,855 $345,000 $283,000 $82,855 $175,000 $345,000 $283,000 ••^11•11 AN JACINTO Staff Report TO: Honorable Mayor and Councilmembers FROM: Les Evans, Director of Public Works via Pamela S. Easter, City Manager DATE: November 15, 1994 RE: SUGGESTED TOPICS FOR JOINT CITY COUNCIL/EMWD BOARD MEETING Recommendation: Direct staff to prepare an appropriate agenda for a Joint City Council/EMWD meeting. Background and Analysis: At their November 1, 1994 meeting, the City Council directed staff to contact Eastern Municipal Water District to propose a joint City/EMWD meeting. Staff was also directed to suggest items of mutual interest which should be discussed. The proposed date and time of the joint meeting could be the fourth Tuesday in January OR February. Proposed items for discussion are: Mystic Lake Wetlands Proposal Soboba Band of Mission Indians Water Rights Groundwater Association Issues Grease Trap Requirements Development/Connection Fees oNisoirifts• SAN JACINTO TO: Honorable Mayor and Councilmembers FROM: Les Evans, Director of Public Works via Pamela S. Easter, City Manager DATE: November 15, 1994 Staff Report RE: REQUEST FOR NIGHT CLOSURE OF SR 79/LAMB CANYON Recommendation: Provide feedback for letter to contractor and CALTRANS. Background and Analysis: C. A. Rasmussen, the contractor for the SR79/Lamb Canyon street improvement project, has requested the City's support for night closures of the state highway. Currently, the construction work is being performed during the day resulting in numerous lengthy delays to traffic coming into and going out of the Valley. The contractor feels he can reduce daytime traffic delays by closing Lamb Canyon to traffic on weekday nights from 8:00 p.m. to 6:00 a.m. and performing the mass earthwork operations during the night. The contractor estimates the nighttime closures would be in effect for seventy (70) working days - about 4 months. The total project construction time is twenty (20) months. C. A. RASMUSSEN, INC. GENERAL ENGINEERING CONTRACTOR October 26, 1994 5294P-M056 City of San Jacinto Dept. of Public Works 201 E. Main St. San Jacinto, CA 92583 ATTN: Mr. Les Evans RE: Riverside County Transportation Commission Lamb Canyon Protect SUBJECT: INFORMATION REGARDING NIGHT CLOSURE C.A. Rasmussen, is the General contractor for the HWY 79/ Lamb Canyon Road Protect. As you are probably aware, this protect is well underway. The project is characterized by heavy earthwork and blasting adjacent to the travelled way. Protect duration is approximately 20 months, and currently there is significant travel time delays through Lamb Canyon. In an effort to alleviate delays, C.A. Rasmussen has requested night time closures, Mon. - Fri. 8 p.m. - 6 a.m. for approximately 70 working days. This closure will allow portions of the mass earthwork operations to be handled at night rather than the day. This will substantially reduce daytime traffic delays, with construction proceeding on a timely basis. Emergency vehicle access will also be maintained during the night closure. Caltrans has asked us to contact you regarding this request. We would appreciate your support. Please feel free to call me at (909) 487-0778. C.A. RASMUSSEN, INC. Michael Aparicio Project Manager 43430 East Florida Ave., Suite F-286 • Hemet, CA 92544 • (909) 487-0778 • Fax (909) 487-1458 Illt" S A N JACINTO 6 g'6'.. Staff Report TO: Honorable Mayor and Members of the City Council FROM: Pamela S. Easter, City Manager DATE: November 15, 1994 RE: Cancellation of November 22nd and December 27th Study Sessions RECOMMENDATION: Cancel the Study Sessions scheduled for November 22nd and December 27th. At the November lst City Council meeting, the Council scheduled a Special Meeting for November 29th to consider the recycling proposals. Unless the Council desires to still hold the regularly scheduled Study Session on November 22nd, I would recommend that the November 22nd Study Session be cancelled, as there are no pressing agenda items scheduled. The November 29th Special Meeting would replace it. Also, in view of the upcoming holiday season, I would also recommend that the regularly scheduled Study Session on Tuesday, December 27th be cancelled. Agenda items would be rescheduled for the several meetings in January.