HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 3/19/1991AGENDA FOR THE REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL
AND THE COUNCIL SITTING AS THE REDEVELOPMENT AGENCY
AND INDUSTRIAL DEVELOPMENT AUTHORITY
625 South Pico, San Jacinto
DATE: March 19, 1991
TIME: 6:30 P.M.
ROLL CALL: Boykin, Ford, Hafliger, Leahy, Rose
MOMENT OF SILENCE FOR REFLECTION
PLEDGE OF ALLEGIANCE
I.
EXECUTIVE SESSION - Potential Litigation & Real Property
Transaction
(Possible property transactions at southeast corner of
San Jacinto and Esplanade Avenues to negotiate with
Hopkins Development Co.)
Motion by: Seconded by: Action: to go
into Executive Session for discussion of Potential
Litigation and Real Property Transactions.
Vote: Time:
Motion by: Seconded by:
return to Regular Session.
Vote: Time:
II. CONSENT CALENDAR
Acti.^_ _:
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.
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Page 2
A. Approval of Minutes of March 5 and 8, 1991.
B. Approval of Warrant Nos. 24504 through 24695, as
submitted by the Finance Director.
C. Resolution for Adoption - Resolution No. 1943
A Resolution of the City Council of the City of San
Jacinto, California, designating a City consultant
as the authorized City representative to examine
sales and use tax records.
(Staff recommends approval.)
D. Ordinance for Adoption - Ordinance No. 931
An Ordinance of the Council of the City of San
Jacinto, California, designating Truck Routes within
the City.
(Staff recommends approval.)
E. Amendment for Adoption - Amendment to Resolution No.
1785, providing a term life insurance policy for each
management and confidential employee, effective March
1, 1991.
(City Attorney recommends approval.)
F. Resolution for Adoption - Resolution No. 1946
A Resolution of the City Council of the City of San
Jacinto recognizing the Riverside County Law
Enforcement Museum as an authorized repository for
City of San Jacinto historical materials relating to
law enforcement and public safety.
(Staff recommends approval.)
G. Safekeeping and Trading Account Agreement.
(Staff recommends approval.)
H. Authorization to reduce the performance bond to a 10%
maintenance bond for a 1-year period and
release the street improvement bond in accordance
with State Law. Also release survey monument bond.
Tract No. 25099
Applicant: P.A. Cassel
Location: Vernon and Second Street
(Staff recommends approval).
I, Financial Activity Reports for period ending February
28, 1991, as submitted by the Finance Director.
(Receive and file.)
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J. Resolution for Adoption - Resolution No. 1945
A Resolution of the City Council of the City of San
Jacinto declaring its intention to initiate on its
own motion proceedings to annex certain inhabited
territory known as Annexation No. 70
K. Resolution for Adoption - Resolution No. 1944
A Resolution of the City Council of the City of San
Jacinto, acknowledging April 1-5, 1991 as National
Community Development Week.
L. Release of funds from Main St. Rennovation Loan
Program. (Staff and City Treasurer recommend
approval.)
Acceptance of Declaration of Posting Agenda pursuant
-
to City Attorney.
END OF CONSENT CALENDAR
Motion by: Seconded by: Action: to
approve consent calendar items A through M, adopting
Resolution Nos. 1943, 1944, 1945, 1946 and Ordinance No.
931 waive the readings in full. Vote:
III. PUBLIC HEARINGS
A. Environmental Impact Assessment and General Plan
Amendment 1-91
Applicant: North Mountain Partners
Location: approximately 1,116 acres located in the
San Jacinto Mountains north of Soboba Road,
occupying Sections 13 and 14 and portions of
Sections 16 and 23.
Proposal to amend the Land Use Element of the
General Plan from Hillside to Specific Plan Area.
Resolution for Adoption - Resolution No. 1942
A Resolution of the City Council of the City of San
Jacinto, approving amendment to the Land Use Element
of the San Jacinto General Plan for the First Cycle
of 1991.
Motion by: Seconded by: Action: to
adopt Resolution No. 1942 and waive the reading in
full.
Vote:
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PUBLIC HEARINGS Cont'd
B. Environmental Impact Assessment and Change of Zone
2-91
Applicant: North Mountain Partners
Location: same as "A" above
Proposal for pre -annexation Zone Change to W-2,
Controlled Development on the subject property.
Ordinance for Introduction - Ordinance No. 930
An Ordinance of the City Council of the City of San
Jacinto, California approving Change of Zone 2-91
amending Zoning Map of the City of San Jacinto.
Motion by: Seconded by: Action: to
introduce Ordinance No. 930 to second reading,
subject to the Findings of Fact and grant a Negative
Declaration and waive the reading in full.
Vote:
IV. ORAL COMMUNICATIONS
V.
A. Request for appeal - sprinkler system - Cottonwood
Partners
+tJ
CITY DEPARTMENTS
A. Water Conservation and other Related Issues - Pamela
Easter
Update on The Villas Water - John Townsel
Selection of Paramedic Committee - Ross Chadwick
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Weed Abatement Report and Resolution - Ross Chadwick
Resolution for Adoption - Resolution No. 1940
A Resolution of the City Council of the City of San
Jacinto, declaring all rubbish and refuse upon
specified streets and private property within said
City to be public nuisances and all weeds growing
upon specified streets and private property within
said City to be seasonal and recurrent public
nuisances and declaring its intention to remove and
abate the same under and in accordance with the
provisions of Title 4, Division 3, Part 2, Chapter
13, Article 2, of the Government Code.
Motion by: Seconded by: Action: to
adopt Resolution No. 1940 and waive the reading in
full.
Vote:
E Mid Year Budget Review - Anna Vega
F. Main Street Committee Update - Joe Kozma
VI. MAYOR AND COUNCIL MEMBER REPORTS/DISCUSSIONS
A. Scripps Clinic Update - Councilman Hafliger
B. Housing for Independent People (Vosburg Project)
- Councilman Hafliger
C. Proclamation celebrating the Peace Corps 30th Year
- Mayor Boykin
D. Acceptance of Donation of Gazebo for Hofmann Park
from the Hofmann Family and waiver of fees for
construction permit - Mayor Pro Tem Ford
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VII. ADJOURNMENT
Motion by: Seconded by: Action: to
adjourn to March 26, 1991 at 6:30 p.m. fcr a joint
meeting with the Planning Commission at the Community
Center.
Vote: Time:
Next regular City Council meeting April 2, 1991
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March 19, 1991 Weed Abatement Resc' ,on - Resolution No. 1940
RESOLUTION NO.1940
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, DECLARING ALL RUBBISH AND REFUSE UPON SPECIFIED
STREETS AND PRIVATE PROPERTY WITHIN SAID CITY TO BE PUBLIC
NUISANCES AND ALL WEEDS GROWING UPON SPECIFIED STREETS AND
PRIVATE PROPERTY WITHIN SAID CITY TO BE SEASONAL AND RECURRENT
PUBLIC NUISANCES AND DECLARING ITS INTENTION TO REMOVE AND ABATE
THE SAME UNDER AND IN ACCORDANCE WITH THE PROVISIONS OF TITLE 4,
DIVISION 3, PART 2, CHAPTER 13, ARTICLE 2, OF THE GOVERNMENT CODE
THE CITY COUNCIL OF THE CITY OF SAN JACINTO ASSEMBLED IN REGULAR
SESSION THIS 19th DAY OF MARCH, 1991 DOES HEREBY RESOLVE AS
FOLLOWS:
1. It is hereby found, determined and declared that rubbish and refuse existing upon the
hereinafter described parkways, streets and private property within the City of San Jacinto, and weeds
which bear seeds of wingy and/or downy nature and/or attain such a large growth as to become a fire
menace when dry, and/or which are otherwise noxious and/or dangerous, are growing upon the streets,
sidewalks and private property in the City of San Jacinto, California, described in Exhibit "A" hereinafter
referred to.
2. It is hereby found, determined and declared that weeds which bear seeds of wingy and/or
downy nature and/or attain such a large growth as to become a fire menace when dry, and/or which are
otherwise noxious and/or dangerous, are seasonal and recurrent nuisances and are growing upon the
streets, sidewalks and private property in the City of San Jacinto, California, described in Exhibit "A"
hereinafter referred to.
3. That pursuant to the provisions of Article 2, Chapter 13, Part 2, Division 3, Tide 4, of the
California Government Code, such rubbish and refuse existing at and such weeds growing in or upon
streets, sidewalks, parkways or in private property at the locations set forth and more particularly
described in that certain list hereunto attached, marked Exhibit "A," and by this reference incorporated in
and made a part hereof, are determined and declared to be public nuisances which must be abated by the
removal thereof.
BE IT FURTHER RESOLVED that the City Council will at the time of its regular meeting on
April 2, 1991 at 7:30 p.m. in the Council Chambers at 625 South Pico of said City, to hear and consider
all objections to the proposed removal of weeds, rubbish and refuse,
BE IT FURTHER RESOLVED that the City Clerk shall certify to the adoption of this
resolution and cause it to be published pursuant to law.
MOVED, PASSED AND ADOPTED this 19th day of March 1991 by the following vote:
AYES:
NOES:
ABSENT:
Page 1
j'sfrch 19. 1991 Weed batement Res( 'on - Resolution No. 1940
A 1
Deputy City Clerk
CERTIFICATE
Mayor
The foregoing is certified to be a true copy of Resolution No. 1940 duly adopted by the said City
Council of the city of San Jacinto on the date set forth therein.
Deputy City Clerk
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71
AGE DAco
MINUTES
San Jacinto City Council
and the Council Sitting as
the Redevelopment Agency
and Industrial Development Authority
Regular Adjourned Meeting
5 March 1991
The regular meeting of the San Jacinto City Council, the Council
sitting as the Redevelopment Agency and Industrial Development
Authority was called to order at 7:30 p.m. by Mayor Boykin at the
Community Center, 625 S. Pico Avenue.
Roll Call - Present: Councilmen Boykin, Ford, Hafliger, Leahy and
Rose.
Staff Members - City Manager Easter, Community
Development Director McNabb, Finance Director Vega,
Police Chief Kozma, Fire Chief Chadwick, Asst. City
Manager Garcia, Water Superintendent Townsel and City
Attorney Cox.
Moment of Silence for Reflection.
Pledge of Allegiance led by Mayor Boykin.
I. CONSENT CALENDAR
A. Approval of Minutes of February 19, 1991.
B. Approval of Warrant Nos. 24495 through 24597, in the
amount of $171,990.66, as submitted by the Finance
Director.
C. Time Deposit Register as submitted by the Treasurer for
the period ending February 28, 1991. (Receive and file.)
D. Resolution No. 1938 for adoption, identifying various
policies andprocedures that enhance opportunities for
a prudent and systematic investment policy and to
organize and formalize investment -related activities.
(City Treasurer and Finance Director recommend adoption).
E. Ratification of amendment to Memorandum of Understanding
between the City of San Jacinto and the San Jacinto
Firefighters Association. (City Attorney recommends
approval.)
F. Reduction of Performance Bond
Applicant: Woodhaven Developers, Inc.
Location: Washington and Mountain Avenues
Authorization for the County of Riverside to reduce the
Performance Bond for Tract 16811 to $300,000. (Staff
recommends approval.)
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CONSENT CALENDAR Cont'd
G. Release of Monument Bond - Tract No. 25021
Applicant: GGP
Location: San Jacinto Garden Apartments, 700 Idyllwild
Release of Monument Bond in the amount of $500.00 (Staff
recommends approval.)
H. Joint Powers Agreement for the Western Riverside Council
of Governments and authorization of memberships of new
cities of Calimesa and Murrieta to Council. (Staff
recommends adoption.)
I. Introduction of a new City Logo.
(Staff recommends adoption.)
J. Proposed Classification/Compensation Study. (Staff
recommends adoption.)
K. Resolution No. 1939 for adoption, approving the adoption
of an "Automatic Aid Agreement" between the City of San
Jacinto and the County of Riverside, which directly
involves the apparatus, equipment and personnel resources
of the City of San Jacinto Fire Department. (Staff
recommends adoption.)
L. Acceptance of Declaration of Posting Agenda pursuant to
City Attorney.
Councilman Hafliger requested the insertion of,
"consideration of local agencies", be placed in the
Investment Policy (Item I-D). City Treasurer Ken Leahy
advised that the local banks have not been too receptive
to the excessive amount of paperwork required for public
fund investments. Finance Director Vega advised that the
requested inclusion would be placed in the Investment
Policy wording prior to signature by the Mayor and City
Clerk.
City Manager Easter responded to a question from the
audience, (Lucille Ferguson, 330 W. Main St.), that the
Logo was developed to be in addition to the City Seal,
not a replacement. She described the various aspects of
the logo. Ms. Easter further advised that all but
three of the cities in the County have both a seal and
logo.
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Motion by Councilman Rose to approve consent calendar items A
through L, and adopt Resolution Nos. 1938 (with amendment) and 1939
and waive the readings in full.
Seconded by Councilman Ford.
Motion carried: 5-0.
II. PUBLIC HEARINGS
A. Environmental Impact Assessment and General Plan
Amendment 1-91.
Applicant: North Mountain Partners
Location: approximately 1,116 acres located in the San.
Jacinto Mountains north of Soboba Road, occupying -
Sections 13 and 14 and portions of Sections 16 and 23.
Brian McNabb, Director of Community Development, gave a
presentation to Council on the proposal from North
Mountain Partners, requesting a change of zoning
from W-2-160 (County designation) to the
Specific Plan designation, allowing higher densities and
more uses. The current General Plan of the City
designates the subject property and adjacent areas
as Hillside Area (under the Hillside Development
Ordinance). This request is for the General Plan to show
Specific Plan for the area. The General Plan Amendment
is the first necessary step to allow for residential and
commercial development on the subject property. Prior
to development of subject property, an Environmental
Impact Report will be required. Mr. McNabb informed
Council that Soboba Road is a secondary highway, and that
the subject property is vacant other than a surface
mining operation occupying a portion of acreage.
Proposed General Plan is a Specific Plan which will bring
moderate to heavy impacts on the area. Mr. McNabb
advised Council that approval tonight would allow the
City to file annexation application, without ultimate
designation. The Environmental Impact Report will be
prepared concurrently with the Specific Plan. Mr. McNabb
further stated that public concerns have been expressed,
such as noise, schools, public facilities and safety
facilities. The Planning Commission recommends the City
Council approve General Plan Amendment 1-91, subject to
Findings of Fact, grant a Negative Declaration and
instruct staff to include this in a General Plan
Amendment Resolution for the first cycle of the 1991
calendar year and adopt
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PUBLIC HEARINGS Cont'd
Ordinance No. 930 approving Change of Zone 2-91 as shown
in Ordinance No. 930, subject to the Findings of Fact and
grant a Negative Declaration. The proposed Change of
Zone is a necessary step to allow for residential and
commercial development of the subject property.
Councilwoman Leahy inquired if the asphalt plant
operating under the W-2 zoning needed a conditional use
permit. Mr. McNabb replied that it does. North
Mountain Partners owns the property where the asphalt
operation is being conducted and the top of the mountain
is owned by San Jacinto Development Co.
Councilman Ford stated that some attorneys were in favor -
of an environmental impact report before a General Plan
amendment. City Attorney Cox stated he was concerned
with the zone change and negative declaration and that
the California Administrative Code requires that when a
project requires a number of steps that the EIR be passed
first. Attorney Cox further stated that passing the
negative declaration could lead to "vulnerability" of the
City.
Councilwoman Leahy inquired why the Change of Zone and
General Plan Amendment must be passed tonight. Mr.
McNabb stated that LAFCO demands this process prior to
filing of an annexation. The applicants would like a
show of official interest for financing purposes.
Councilman Hafliger stated that, before bringing acreage
into the City, we should make sure that all operations
we have doing business in the City currently (Fontana
Paving) are in compliance. Mr. McNabb advised that
Fontana is currently lacking the final grading (either
bench or leave as is and hydro seed) which the City is
working closely with them on the non-compliance at this
time.
Mayor Boykin expressed his concern with public safety -
the applicant having a conceptual plan, but what does the
City do if property has been annexed and the project is
dropped. Mr. McNabb advised that the annexation can go
all the way to the public hearing stage and be dropped
by the City at that time if they so desire. Mayor Boykin
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PUBLIC HEARINGS Cont'd
further inquired if it was proper to adopt a negative
declaration at this time. City Attorney Cox stated that
the negative declaration can be adopted at this time, but
it leaves the City vulnerable.
Councilman Ford inquired if an Environmental Impact
Report was begun five years ago with the project
origination. Mr. McNabb stated that it had been started
and could be used as a basis for a new EIR.
Mayor Boykin opened the Public Hearing. The Clerk stated
the affidavit of publication is on file and that no
written or verbal comments have been received in the
Clerk's Office. Mayor Boykin stated that he had received-
a letter of opposition from Robert Hewitt, 588 Rosario
Ave., San Jacinto.
Roger Morgan, the applicant, introduced the Torrey Group,
his partners in North Mountain. Mr. Morgan summarized
the status of the project stating that it was costing
$2000/day for the current loans they had. It was further
relayed that they are considering an alternate access up
the mountain with a road from the base to the top of
approximately 3.25 miles long, which they hope to fund
from the selling of sand and gravel and which
additionally could not be done without the stripping to
get down to rough grade. Mr. Morgan advised that a lodge
is planned at the base of the mountain along with an
equestrian center and golf clinic. Up the mountain they
have planned commercial space, residential homes, hotel,
lakes, mountain biking and a golf course and hand
gliding. Limited vehicular use is proposed. The group
will also be back to. Council in two weeks to offer a
proposal concerning the sand and gravel operation. It
is projected that the water source will be a well at the
bottom of the mountain and pumped up the hill.
Councilman Hafliger inquired if the hang gliders required
a sanctioned landing site. Mr. Morgan replied that a
landing site was to be established and they were
currently negotiating with several land owners on Soboba
Road.
The following individuals spoke in support of the project
and particularly in support of the proposed hang
gliding/paragliding activities:
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PUBLIC HEARINGS Cont`d
Kerry Mendez, 1271 Avenida Florabunda, S.J., stating
paragliding brought him to the Valley to reside.
Councilwoman Leahy inquired if there was any notification
necessary to the Air Force (March AFB). Mr. Mendez
replied that, now with activity increasing on North
Mountain, that as sites are established, FAA will be
approached to add the paragliding sites to their maps.
Beverly Burns, 33041 Wall St., Lake Elsinore, noted the
tourism potential with an established, reliable site for
the gliding activities.
Tony Domenico, 12650 Southwind Dr., Moreno Valley,
delivered to Council a letter of support for the project
from the Mayor of Perris.
Shirley Riner, 21100 Highway 79, Space 48, S.J., inquired
if the current W-2 zone designation would require re-
zoning for a sand and gravel operation in the proposed
annexation. Mr. McNabb stated that a Conditional Use
Permit would be required. If a specific plan is
adopted, all operations would fall under specific plan.
Ms. Riner additionally posed the question of liability
for the property as she stated the San Jacinto/Claremont
Fault was running through the mountain. Mayor Boykin
advised that the property owner was the liable party.
Mr. McNabb stated that there is no known activity at the
top of the mountain. Ms. Riner added that she was in
favor of the project but concerned about the
environmental impact. Mayor Boykin relayed to Ms. Riner
that the Council was not addressing the specific plan of
this project at this time.
David Engel, 12120 Severn Way, Riverside, owner of a
hang gliding business in Riverside, expressed his support
of the project.
Councilman Hafliger asked if there were any projected
income for a tramway up the side of the hill. Mr. Morgan
advised that the Palm Springs Tramway makes 400,000 trips
a year for an income of 2.4 million.
Motion by Councilwoman Leahy to continue Public Hearings A and B,
along with Planning Department, Item A, for two weeks to verify the
legal ramifications of the negative impact and the General Plan
amendments, where the Environmental Impact Report is concerned.
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PUBLIC HEARINGS Cont'd
Community Development Director McNabb stated that the
Planning Department item, Resolution No. 1941, can be
considered separately as it is a separate issue, and if
it is the desire of the Council it could actually be
considered separately.
Mayor Boykin asked what the desires of the Council are.
Councilwoman Leahy withdrew her motion.
Motion by Councilman Ford to table Items IIA and IIB for two weeks.
Councilman Hafliger requested that the motion include -
that the gravel pit be mitigated, that a legal opinion
on the problem of nonconformance on the gravel pit
be presented in two weeks.
City Manager Easter restated Councilman Hafliger's
request for clarification, that he requested a
memorandum from Staff that would outline how the non-
compliance of the gravel pit will be brought into
compliance, how the process and what the time lines will
be.
Mayor Boykin inquired if the maker of the motion would
accept that.
Motion by Councilman Ford to direct Staff to provide a memorandum
to Council outlining the process to eliminate noncompliance of the
gravel pit as well as the time lines for accomplishing this.
Seconded by Councilman Rose.
Recap by Mayor Boykin: we are leaving the two public hearings
open. We are going to continue them to our meeting on March 19,
1991. In addition, Staff will be directed to come up with a
memorandum of how we are going to mitigate the existing
noncompliance of the gravel pit operation.
Motion carried: 5-0.
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III PLANNING DEPARTMENT
A. North Mountain
Brian McNabb presented the request by the North Mountain
group for approval of non -binding Resolution No. 1941,
a conceptual endorsement of their project by Council.
City Manager Easter stated that, before Council makes a
motion on Resolution No. 1941, a variance on the wording
is requested.
Brian McNabb suggested that Resolution No. 1941 be
amended to read 1. ..."including the impacts on public
agencies that the development may have". City Manager
Easter stated such as the School District.
Motion by Councilman Ford to adopt Resolution No. 1941, expressing
interest in the Development of Soboba Summit on North Mountain, as
amended, and waive the reading in full.
Seconded by Councilwoman Leahy.
Motion carried: 5-0.
IV. ORAL COMMUNICATIONS
A. Ramona Days/Cinco de Mayo Fiesta.
Marcelo Olivas, of the Business Association, requested
a waiver of business license and fees for their event to
be held on May 4 and 5, 1991. On May 4, the event will
be from 10:00 a.m. to 11:00 p.m. and on May 5, from 9:00
a.m. to 5:00 p.m. A map of requested street closures has
been given to the Police Department and proof of
insurance will be provided to the City Clerk's office.
A meeting had been held with Staff and all areas of
concern have been addressed.
Motion by Councilman Rose to approve the Fiesta, contingent on
working with the Police Department for traffic control and proof
of insurance provided to City prior to event.
Seconded by Councilman Ford.
Motion carried: 5-0.
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ORAL COMMUNICATIONS Cont'd
B. Jessica Mange, 843 Jessica Way, came before Council to
inquire if the City had any plans for welcoming our
troops home from the Persian Gulf in the way of "Welcome
Home" banners, or a party. Mrs. Mange's husband has been
in the Gulf since he left March AFB in August (they moved
here in July) and is expected home with other troops
soon.
Chief Kozma and Chief Chadwick volunteered to serve as
co-chairmen for a Welcome Home Committee. Councilman
Hafliger requested the service clubs in the City also be
requested to serve on the Committee.
V. CITY DEPARTMENTS
A. Update on the Villas Water Issue. Water Superintendent
John Townsel advised Council that all parts for the
project have been received and the estimated completion
date of March 15, 1991, is on target. Mr. Townsel also
relayed to Council that the pilot filtration program has
been received and will be installed at Bath Well.
B. Followup from Retreat - 2010 Committee. City Manager
Easter asked for any suggestions that Council may have
on proceeding with the Committee.
Motion by Councilman Hafliger that Clayton Record be asked to Chair
the 2010 Committee. If he accepts the position, he be asked to
work with Staff and develop recommendations on timelines, work with
an advisory committee and develop a scope of work.
Rephrasing motion - Councilman Hafliger made a motion that Clayton
Record be asked to Chair the 2010 Committee.
Seconded by Mayor Boykin.
City Manager Easter advised that in talking to Clayton,
Staff would encourage the members of the existing 2010
Committee be included in the reorganized Committee.
Motion carried: 5-0,
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CITY DEPARTMENTS Cont'd
C. Consideration of Paramedic Issue - Ross Chadwick.
Chief Chadwick stated that he had been approached by
members of the City, as had been other members of the
Fire Department, on the feasibility of the Fire
Department providing its own paramedic service. Chief
Chadwick had met with the Council Public Safety Committee
to discuss the City's interest in looking at this issue.
Since this is a controversial issue, he suggested that
a citizen's advisory committee should be formed to meet
and address the ideas, including the Hemet Valley
Ambulance Company, Hemet Valley Hospital, and then bring.
back recommendations to the Council. Mayor Boykin stated -
that the Council needed to know the proposed structure
of the Committee and the goals of the Committee at this
time. Chief Chadwick responded that he would bring back
a staff report for next Council meeting with further
ideas of structure and goals. Councilman Hafliger
requested some cost studies be included. Chief Chadwick
advised that the costs would be one of the major
issues.
D. Truck Route Designations - Joe Kozma.
Chief Kozma gave Council an update on the truck routes
proposed for the City, advising that there are no
designated truck routes within the City at this time.
This subject is currently being addressed at both the
State and County levels. It is necessary that we
designate the preferred routes and prepare for
enforcement of these designations. The following routes
are proposed to be STAA Routes (Surface Transportation
Assistance Act) - commercial vehicles exceeding 14,000
pounds GVWR and overall length not exceeding requirements
of California Vehicle Code Section 35401(b):
1. Ramona Expressway from the most westerly City limits
to the most easterly City limits.
2. Sanderson Avenue from the Ramona Expressway southerly
to the most southern City limits.
3. State Street from the Ramona Expressway southerly to
Seventh Street.
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CITY DEPARTMENTS Cont'd
Motion by Councilwoman Leahy to introduce Ordinance No. 931,
designating truck routes within the City, to second reading and
waive the reading in full.
Seconded by Councilman Rose.
Motion carried: 5-0.
E. Storm Update - Brian McNabb.
Community Development Director McNabb provided Council
with an update of the roads closed during the recent
storm and their current status, along with action needed
to be taken, if any. Villines and Las Rosas are still
closed and will require reconstruction of the road. Mr.
McNabb stated that the new underground system worked
well. In some areas, we lack the equipment to make the
necessary repairs. Additionally, a soils engineer is
evaluating what protective measures are necessary now.
Mr. McNabb summarized the three major problem areas as
Lake Park Crossing, which would be solved with
construction of bridge (CFD #1); Esplanade Avenue at the
railroad tracks; and Peacock-Radaker, landscape
completion which has been approved.
Councilman Rose inquired whose responsibility is the
Peacock-Radaker problems. Mr. McNabb stated it was the
City's.
Mayor Boykin inquired if CFD #2 funds could be used to
make corrections. Mr. McNabb stated CFD #2 funds may be
used to fund the corrections, if available.
Councilman Hafliger requested a time line of the Peacock-
Radaker project, since the beginning of the project.
Councilman Rose further asked who was responsible for
approving the project before City took over. Mr. McNabb
stated that City Staff did the inspection and made
recommendations.
Councilman Hafliger requested a time line for project
completion.
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CITY DEPARTMENTS Cont'd
VI. MAYOR AND COUNCIL MEMBER REPORTS/COMMENTS
A. Mayor Boykin informed Council that the Planning
Commission seat of Robert Howe has been vacated, due to
Hemet's annexation of his property. Mayor Boykin
requested the appointment of Richard Hixson to complete
the term running through October 31, 1993.
Motion by Councilman Rose to ratify the appointment of Richard
Hixson to the Planning Commission to fill the unexpired term of
Robert Howe running through October 31, 1993.
Seconded by Councilman Ford.
Motion carried: 5-0.
B. City of San Jacinto Mission Statement.
City Manager Easter requested consideration of adoption
of the Mission Statement developed at the recent Council
Retreat.
Councilman Ford stated he was pleased to be part of the
group that came up with the mission statement.
Motion by Councilwoman Leahy to adopt the Mission Statement as
amended by Councilman Hafliger to include Educational in statement
3.
Seconded by Councilman Ford.
Motion carried: 5-0.
Councilwoman Leahy requested consideration be given to
starting Executive Sessions at 6:30 p.m., prior to
Regular Meetings.
City Manager Easter suggested the Council try it for
several meetings and get feedback from the public to see
if it works.
12
3-5-91 Minutes
Page 13
MAYOR AND COUNCIL MEMBER REPORTS/COMMENTS Cont'd
Mayor Boykin inquired what would be necessary in changing
meeting times to an earlier hour. City Attorney Cox
stated that if Council adjourns to the revised time or
if a 24-hour notice is provided to Council and newspapers
then it meets the legal requirements. Mayor Boykin
clarified that he was referring to setting all meetings
to 7:00 or 6:30 p.m., where we could get started earlier.
If an Executive Session is to be held, Staff is directed
to notify Council/news of a 6:30 p.m. start.
Councilwoman Leahy suggested that a procedure be outlined
regarding the Council Committees. Mayor Boykin noted
that in the past the Committees have been established or
met in response to Staff request.
VII. EXECUTIVE SESSION
Motion by Councilman Ford to go into Executive Session for
discussion of Personnel Matter and Real Property Transactions.
Seconded by Councilman Rose.
Motion carried: 5-0 at 10:35 p.m.
Motion by Councilman Ford to return to Regular Session at 11:55
p.m.
Seconded by Councilwoman Leahy.
Motion carried: 5-0.
Let the record show that no action was taken as a result of this
session.
13
3-5-91 Minutes
Page 14
VIII.ADJOURNMENT
Motion by Councilman Rose to adjourn to March 8, 1991 at 2:30 p.m.
at the Embers Restaurant for a joint meeting with Hemet and EMWD
on Valley water issues.
Seconded by Councilman Hafliger.
Motion carried: 5-0 at 11:57 p.m.
Next regular City Council meeting March 19, 1991.
Approved:
Maurice Armster
City Clerk
14
Respectfully submitted,
Nancy Randolph
Deputy City Clerk
MINUTES
San Jacinto City Council
and the Council Sitting as
the Redevelopment Agency
and Industrial Development Authority
Special Meeting
March 8, 1991
The Special Meeting of the San Jacinto City Council, the Council
sitting as the Redevelopment Agency and Industrial Development
Authority was called to order at 2:30 p.m. at the Embers
Restaurant, 828 W. Florida Avenue in Hemet.
Roll Call - Present: Councilmen Boykin, Ford, Hafliger, Leahy and
Rose.
I. WATER ISSUES
A joint meeting of the San Jacinto and Hemet City Councils
with the Eastern Municipal Water District was conducted to
discuss various Valley water issues.
Motion by Councilman Hafliger to adjourn at 5:10 p.m. to regular
meeting of March 19, 1991 at 7:30 p.m. at the Community Center.
Seconded by Councilwoman Leahy.
Motion carried: 3-0. (Councilman Rose left at 4:30 p.m. and
Councilman Ford left at 4:45 p.m.)
Respectfully submitted,
Nancy Randolph
Deputy City Clerk
CLCD1�` REGISTE� OF AU�l)EU DEMANDS PAGE 1
AGENDA
° ENDA �~
�HECK
UNITED CALIFARNIA BANK A/C 201398 DATE^~3/15/�P1
ISGUED TO
�45O4* CITY OF SAN JACINTO
�45O5* RIVERSIDE CO, EMP^
MOM* FIRST INTERSTATE BANK
Z9507* FIRST INTERSTATE BANK
�4508* STATE OF CALIFORNIA
245O9* PUBLIC EMP° ASSOC^
�4510* S+J, POLICE ASSOC~
24598* 301 ---ANO PRESS
24599* BLUE CROSS OF SO^ CA.
?4600* BLUE CROSS OF SO^ C8^
�46O1* HEALTH NET
�46O2* HEALTH NEl
�4603* STANDARD INS. [%X1PAMY
246Oq v PUBLlC [MP^ RET. 1DYSTB1
POSThAS[E6
M606* INT'L COUNCIL GHOPPIN�
14607* U,S^ POSTMASTER
�4608* BEAR CREEK GOLF CLUA
,�4609* CITY OF SAN JACINTO
24610* FIRST INTERSTATE BAIN
14611* STA7E OF CALIFORNIA
�4612* FIRST INTERSTATE BANK
�4613* RIWERSME CO, EMP�
�461* ALPHA BET�
�4615 AMERICAN RED CROSS
M16 B & W PIPE Coco,
M617 E^S^ BABCOCK & SONS
A618 BOB^8 LUMBER
:4623
!4625
A626
/4627
!4628
�4629
463O
�4631
A632
4633
4634
4635
4636
4637
4638
4639
4640
4641
�UILDING #EW� INC,
CA^ MUHICIPAL TREASU�ER
MARGARET CAMER§N
CAM Skit CU^
TH[ COUNSELING TEAM
CM & COX
J^F. DAVIDSUN
DE BkUS BLUEPRINTN�
DEWEY23 ELECTRIC
DICTAPHONE CQRPORATIUM
DRAPES 4 SHOW
EVANS TIRE CO,
FAMILIAN PIPE & SUPPLf
FEDERAL EXPRESS CO^
FERGUSON^PRAET SHERMnN
FIRST INTERSTATE BANK
FOUNTIAN TOOL & EQUIPT'
GTE
GTE MOBILE COMM^
GENERAL TELEPHONE CO^
TAKRA 8ERARD
HEART NEWS
DESD�IPTION
HET PAY�OLL
CiREPDIT UNION
FEDER�L TAXES
HE�ICAR[
STATE TAXES
PERC
SJPD DUES
SHI�Pr�G CHARGES—BOOK/COMM^ DEVLP,
��EALT� INSURANCE
COBR�
lH��RANCE
CGBRA—L[ETS
LIF-E 6 DISAlDILITY
RETIRE��N�
cGSTAS[� TRASH NEWSLETTER
��EGISTR�TION
PCSTAG[ WATER BILLS
���TKEAT~PLANN, COMM,
MET PAYWLi'
FEDER�L TAXES
�T6TE T�X[S
FEDERAL TAXES
C�E3IT UNION
SL;�LI�S~CIVIC/ SCHOOL DIST^ MEETG^
21 FIRST AID BOOKS~P^D"
PIPE S�PPLIES~PABKS DEPT^
i�B TESTS
CC�CRET�~WATER DEPT^
SPECS^~PUBLIC WORKS CONSTRUCTIOH
MEMBERSHIP—LEAHY
�EIHB, �ILL�GE
RE�AI�� & MAINTENANCE
C��NSELIHG SVC
LEGAL S[RVICES
T�AFFIC E�GINEERING
MYLA�S—�LANWING DEPT^
EL[C^ REPAIRS— P^D.
�AI�T[��NOE DI�TAPHOHE—P^D^
C�HTESS� SKIRTING~COUNCIL MEETINGS
�ED1C�L PRODUCTS`F,D
TIRES & REPAIRS
PIPE SNPLIRS—WATER DEPT^
M��ILI�Q—REDEVELO�MENT
LEG�L �ERVICES�CLAIM
CITY M�NAGER & COUNCIL RETREAT
�LADES.... P^W,
P�GNE EQUIP�ENT RENTAL
�OBILE TELEFHONE
rELEP��#E COMMUNICATION
BE6IG�~�CONOMIC DEVELOPMENT
LEG�L �D�ERTI�ING
AMDUNT
"�)5�-
WA. .97
2p141+5O
14,4O7.35
1,620^BO
2^998.38
476^2S
1077.O0
5^O2
3/156^0O
893^O()
18viO3,38
116^42
3'2O6^73
39^283^97
2O0~OO
540^OO
2,00O,O0
1OO,O0
91,353.09
16'852^45
3,792,36
1'WIT, ^JO
2,124^0O
73^32
183~5O
92^36
1O1,5O
117^02
18^75
Ts A)
46^8O
1'1O9^2O
75.00
3'960,0O
3,151~8�
91,5"d
368.35
1,325^0O
255,88
63^78
1,4O9+99
2,873,14
15,5O
11928^31
80O^96
111.29
574~42
83.O6
1,339+94
1S6.37
94^OO
CITf O� S�� JACINTO
Qum l2' RESIMR OP AUDITED DEMANDS PAGE 2
CHECK
24642
24643
2464�
24645
24646
24647
24648
24649
2465O
24651
24652
24653
24654
24655
24656
?4657
24658
24659
2466O
Z4661
24662
Z4663
Z4664
24665
24666
24667
24668
�4669
Z4670
��671
1WAS 7I
14675
?46T6
�4677
�4678
14680
�4�81
�4682
24683
M84
24685
MEN
24687
�468E�
�463I'll
1469O
!�691
�469i
UNITED A/C 201398 DATE 3/15/91
lSSUE0 TO
HEMET VALLEY DlESEL
HILLTOP SOFTWARE SERV^
HOUSE OF QUALITY
HUS CONSTkUCTION SPEC.
HUBBS STATIONERY
l`B.M^ CORP.
I#LAND EMPJRE MGRS^AS��
INTERNATICI NL. CONF~
KERN EQUIP7. CU^
CITY OF LA QUINTA
LONGS DRUG STORE
MCDONALDS EDUCATIONAL
MARSH & MCLENNAN
MARKMAN, ARZYNSKI
MARIV�N~SUSCO
MATICH CORPORATION
MISSION UNIFO�M SERVlCE
MUNI FINANCIAL SERVICES
MUMICIPAL ENG.CONSLTNT^
LOWRY
NORTON CO'
OVERNI8HT 1NDUSTRIAL
PACIFIC MANAGEMEN7
PACTELL CELLULAR -LA
P.S^ HARLEY~DAVIDSON
PAGENET
LARRY PIERCE PLUMBIN8
PITNEf BOWES
SAN JACINTO |RMSU2EK'Q
PRESS-EN[ERPRISE
ED RAaY
!: .'.ACEWAY FC.IRD
RAIN FOR RENT~ INC.
RAMDMA ANIMAL 1MVEN I�C
MIKE CHEV,
CO. OF RIVERSIDE
RIVERSIDE COUNTY
RIVERSIDE CO^ SUPPLY
SAFETMALEEN CORP^
CITY OF SAN JACINTO
SAN JACINTO �USEUM
S.J. WORKERS' COMP.
SCOTSMAN MANUFACTURING
SHARP BUlLDING SUPPLY
SO+ CALIFQRNIA EDISON
SO^ CALIFORNIA �HS CO^
SPARKLETTS
UNDERGRDUND SERVICE
UNIQUE FLORAL CREATIONS
U^S, BOW
A^ VAN GUETHEN PKINTIN8
TIESCRIPTION
�(I�G PINS�UNIT 208 F
CDM�UT[� SERVICES~ADD TIP FEES
TC
CO�CRETE TOOLS~P~W^
�FFI�� SUPPLIES
�AI�TEN�NCE LINE PRINTER
ASSGCIATION DUES
�LAN ��ECK FEE
SPIA LOCK -SWEEPER
CGUHClL�EMBERS CONFEREN�E
FILM STMT,
VIIEOS-P,D^
Sk-'FlETY BOND`TREASURER & CITY CLERK
LEG�L �ERVICES
WTR` �IPE & SUPPLIES
STREET IMpRV+�C+IT. D+ 2
���FQP� CLEANING
MAG T�P�S FUR AD 87�1
EHSINEE�ING SERVICES
ESPL�H�DE/F^C. i.INES
BATTE�� WATER PUMP
SUPPLIES -ALL DEPTS^
CI'D"i4 CTOR INFORMATION SYSTEM
CELLULA� PHONE^F^D,
�OTS�CYCLE SER�ICE~P°D,
�ENTAL RADIO PAGERS-F,D,
��TE� S�PPLIES
T�I ��T[ POSTAGE METER
REPLE�I�H PETTY CASH
1 �RS;BSCRIPTIOK
REIMBUNCE 8AS hILEAC
PARTS-P^D,
2OO� PIr,ING & FITTING-C,F^D 4;2
A�IHAL�-FEBRUARY
��DE�G�OUND STD�AGE TANK PERMIT FEE
STREET DUMPING FEES
1� CAS�S FLARES^P.�^
SGLVANT �I-iNICF
UTILITY DILLS
C�HATD� SER�ICES
REIMNURCE ACCOUNT
HS�GL��C MONTHLY LEASE~P^D^
BUILDING SUPPLIES
OTILITY
UTILITY
'CiNT1.1LY RENTAL
UTILITY FAX NOTIFICATION~WATER DEPT
4O RIB�JNS^ PLANT~CEHICEROS
T3TLE 4�-FIRE PkEVE�TIUN
AMOUNT
755^32
577^50
325^73
2,O72,79
852^80
188,OO
15^OO
314^71
266^47
26+00
6O^54
32^75
425~OO
2'76O^OO
101175
63334,8O
544^31
97'5O
4I/288^O4
20,685,25
55B^26
1,O47.92
45O^96
44.36
651^2O
126^50
35°2O
124^61
24
81^0O
30^��
67^80
B34"82
-409,O0
5^5�
528,0O
Q31,0O
388^5t
130^O0
298^5O
1475^SO
1O/659,31
852^O0
482+94
1O�975^90
%,571^23
142^30
42^0O
47^50
50°OO
312^84
6LCDES,:
CHEC:K 1: UE
CITY OF SAN JACINTO
oF ANT'NTED DEMANDS PAGE 7,
UNITED CALIFORNIA DANK A/C -.',01:W9 DATE 3/15/91
24693 CARL WARREN
24694 WEATHERTIGHT ROOFING
2469 XEROX CORPORATION
LEGAL SERVICES -CLAIMS
REAPOOF
MAP4TENANCENALL DEPARTMENTS
4“fD70.00
1,0404
FINAL TOTAL 511p201.08
Fund 10 85,725.09 Fund 31 16.19
Fund 14 285.12 Fund 36 51,383.01
Fund 20 16,060.38 Fund 40 4,670.00
Fund 21 27,053.71 Fund 42 791.28
Fund 22 6,773.98 Fund 50 18,021.57
Fund 23 2,903.79 Fund 65 1,244.03
Fund 24 216.14 Fund 66 34.50
Fund 25 757.70 Fund 91 2.51
Fund 28 24.19 Fund 96 217,057.25
Fund 29 94.00 Payroll 294,143.83
TOTAL $511,201.08
MEMORANDUM
A
TO: Honorable Mayor and Council Members
via Pamela S. Easter, City Manager
FROM: Anna A. Vega, Finance Director
SUBJECT: SALES TAX ENHANCEMENT AND INFORMATION SERVICES
DATE: March 14, 1991
REQUEST:
Consideration by the City Council for an agreement to provide sales
tax enhancement and information services; and a resolution
providing authorization for examination of State Sales and Use Tax
records of the Board of Equalization.
BACKGROUND:
Sales Tax revenue to the City of San Jacinto in Fiscal Year 1990-
91 is estimated to be $792,650. This represents the City General
Fund's largest single source of revenue or about 20% of total
General Fund revenue. City Sales and Use Tax is based on a
proportional one percent tax rate applied to all taxable sales
within the City limits. The remaining portion of the 6.50 percent
tax rate is divided between the State (4-3/4 percent), the County
Transportation Fund (1/4 percent), and Measure A (1/2 percent).
The major exemptions from the tax include food purchased for home
consumption and services. The local Sales Tax is administered and
collected by the State Board of Equalization and is authorized by
the State Revenue and Taxation Code Sec. 6001-9273.
The firms of Municipal Resource Consultants (MRC) and Hinderliter
& de Llamas, specialize in providing a unique sales tax enhancement
service to California cities. According to consultants, many
California cities are not receiving the sales tax income to which
they are entitled due to point -of -sale taxpayer reporting errors.
Consultant audit services are designed to detect and correct these
taxpayer reporting errors and thereby generate new sales tax income
for the City. The consultants audit scope would encompass all City
businesses and would thus be comprehensive in nature. Unlike most
tax audits, their service produces new income without causing any
additional tax liability for business.
MRC will assist City staff by providing a quarterly sales tax
information service which includes a bound report analyzing those
businesses accounting for 90% of the City's sales tax revenue plus
1
comprehensive sales tax data on computer disc for in-house inquiry
and analysis by City financial management staff. This data is
essential for monitoring, analyzing and forecasting income from the
City's sales tax resource and developing a program for maintaining
and enhancing the City's revenue base.
In order to make their services self -funding for the City, MRC's
compensation for providing the sales tax audit and information
service is entirely predicated and contingent upon their ability
to produce new sales tax income which would not otherwise have been
realized by the City.
FISCAL IMPACT:
MRC's compensation for providing the audit service is 25% of new
sales tax income realized by the City as a result of MRC detecting
and correcting the related point -of -sale distribution error. Said
25% applies to each correction for fund transfers and the first six
consecutive reporting quarters following completion of the audit
by MRC and confirmation of corrections by the State Board of
Equalization.
MRC's compensation for providing the quarterly sales tax
information service is $1,000 for the first year, or $250 per
quarter, payable only after the City has received the quarterly
information report(s) and sufficient funds to cover the charges
from the City's 75% share of new sales tax income produced from
MRC's audit service. The following computation illustrates a
hypothetical example:
New sales tax income produced
for City from MRC audit service
Less MRC compensation for audit
service @ 25%
City's share of new sales tax
income @ 75%
Less quarterly sales tax
information service charge for
full year @ $250 per quarter
Net new sales tax income to City after
compensating MRC for audit and
information service
$ 10,000
- 2.500
$ 7,500
- 1,000
$ 6,500
Should MRC's audit service fail to generate sufficient new sales
tax income for the City to cover the information service out of the
City's 75% share, then MRC shall absorb the shortfall amount.
2
All expenses incurred by MRC in providing the audit service and
information reports are absorbed by MRC. These expenses include
items such as employee salaries and benefits, insurance, airfare,
auto rentals, meals, lodging, keypunching, computer processing and
other out-of-pocket expenditures.
This is significant considering that many of the businesses
reporting in error are out-of-state headquartered companies engaged
in business -to -business sales. Correction of these accounts
requires that MRC's senior field auditor and/or staff attorney
travel to the out-of-state company's headquarters to personally
discuss the nature of the reporting error and applicable
regulations with corporate tax counsel. The objective of these
meetings is to correct the distribution reporting error by
assisting the taxpayer in developing an allocation formula which
is acceptable to the State Board of Equalization.
If approved by the City Council, the estimated expenditures and
related revenue would be included in the 1990-91 City Budget.
RECOMMENDATION:
Staff recommends that the City Council of the City of San Jacinto:
1. Authorize an agreement with Municipal Resource Consultants to
provide sales tax enhancement and information services as specified
in the attached Scope of Services; and,
2. Adopt Resolution No. 1943, appointing Municipal Resource
Consultants as the City's authorized representative to examine
State Sales and Use Tax records of the Board of Equalization.
The attached Exhibit A is a Scope of Services, which will be
provided, but not limited to specific tasks. The attached Workplan
Schedule (Exhibit B) presents the time frame for accomplishments
of the prescribed tasks.
3
EXHIBIT "A"
Scope of service
The scope of service includes, but is not limited to MRC performing
the following tasks:
Sales Tax Information
Procure a computer tape of sales tax permit records from
the State Board of Equalization.
o Establish master file in STARS from tape data provided
in previous task.
o Input data from sales tax distribution reports provided
by State Board of Equalization for most recent nine (9)
consecutive quarters.
o Receive and process sales tax distribution reports
quarterly.
o Reorganize and refine computerized sales tax data for the
City utilizing MRC's Sales Tax Analysis and Reporting
System (STARS).
o Prepare and submit STARS reports* on a quarterly basis
principally focusing on the major sales tax producers.
Major sales tax producers are defined as those businesses
meeting or exceeding a specified quarterly revenue
threshold and comprising in aggregate ninety percent
(90%) or more of the sales tax revenue generated from
businesses located in the City.
All major sales tax producers and business categories are
monitored and analyzed quarterly based on reports to
include the following:
Management Summary & Charts, based on MRC's analysis
and evaluation of the STARS reports and other data,
each quarterly report included a comprehensive
Management Summary. The Summary features a general
analysis regarding statewide trends that may affect
the City's sales tax plus a specific analysis of the
City's sales tax composition, changes and
performance. Twelve color charts are included in
each report to graphically illustrate the data and
analysis presented in the Summary.
*In addition to bound, hard copy quarterly STARS reports, MRC will
provide the City with comprehensive sales tax data on computer disc
for in-house inquiry and analysis by City financial management
staff on the City's IBM compatible PC.
4
- Analysis Section. The Analysis Section of MRC,s
STARS report provides a detailed computer
generated analysis of significant changes that are
impacting sales tax revenue. The Analysis Section
identifies significant changes according to the
individual businesses responsible without having to
perform manual analysis. The analysis compares the
quarter and benchmark year performance in the
current year to the same performance period in the
previous year. The reports in the Analysis Section
include an analysis of change by economic
category/business segment/business and identify
amount and percent of change within each area. The
individual firms responsible for any growth or
decline are also identified. Sales tax performance
is also analyzed by rate of growth or decline with
businesses segmented by different growth/decline
rates for review.
Historical performance of the top 100 accounts is
also included comparing current benchmark year
ranking and sales tax produced with that of prior
years.
- Malor (and Top 100) Sales Tax Producers. Ranks in
descending order according to level of sales tax
produced.
Business Classification. Groups and ranks major
producers by business classification according to
level of sales tax produced.
- Sales Tax Trend Reports. Indicated growth and
decline comparisons by various categories for
forecasting and analysis.
- Geo-Coding. Tracks sales tax performance within
specific areas of the city (e.g., key shopping
centers, redevelopment project areas, etc.) Charts
and printed reports are included for each geo-area.
(Note: Each client is entitled to at least one
geo-area at no charge. If numerous geo-areas are
desired, there may be a nominal charge. MRC will
advise the City in advance of any such charge, which
would be at MRC's cost).
Status Report. MRC cleans up addresses on all
permits and provides a status report on all changes
to the sales tax files, that is equally useful for
business tax enforcement. The report shows all new
permits, address changes, owner changes and closed
permits and effectively replaces the yellow
registration cards that are cumbersome to use. By
comparing the data which is in a clean address order
with the business tax files, unlicensed business can
be identified and billed, or business tax records
can be updated for new addresses or owners, or
purged if closed.
The "cleaned up" data from the State Board of
Equalization can be transferred to the City's
computer via floppy diskette or 9-track tape if the
City desires to have the information for other
purposes.
Computer Disc
In addition to bound, hard copy quarterly STARS reports,
MRC will provide the CITY with a set of password
protected user programs (developed by MRC) that allow
access to sales tax information at the client city's
location on an IBM compatible PC. 1 These programs are
proprietary to MRC and are to be used only by MRC
clients.
Individual sales tax account history can be accessed by
sales tax permit or business tax ID number(s). Payment
history includes all data processed by MRC from nine
quarters prior to inception of the client city's start
date. Accounts can also be accessed by business name and
street address. The client city can extract all firms
included within a particular business code or within a
street number range including odd, even, or both sides
of a street.
Client cities wishing to identify sales tax amounts for
particular geographical areas, whether on a one-time or
ongoing basis, can geo-code those areas for review and
analysis.
Sales Tax Audit
o Develop a target list of potential point of sale
reporting errors based on a comprehensive inventory and
evaluation of all business in the City of San Jacinto.
These businesses are to be analyzed based on proprietary
guidelines established by MRC, formulated through expert
knowledge of corporate mergers and acquisitions, sales
vs. use tax, business marketing organization and methods,
commercial sales tax reporting practices, and other
conditions contributing to reporting errors.
• Meet with designated City official(s) to review service
objectives and scope, MRC workplan schedule, public
relations and logistical matters. We will also establish
an appropriate liaison with the City's coordinator and
define logical checkpoints for reviewing the project's
progress.
Note: With the exception of this initial meeting, MRC's
service requires no time or effort on the part of the
City staff.
o Contact each target business to determine whether a point
of sale reporting error exists.
Note: This shall be accomplished with the highest regard
to discretion and professional conduct. MRC sales tax
audits shall be predicated on a constructive public
relations approach with emphasizes the importance of each
business to the City and the mutual benefits of
correcting reporting errors.
o Provide to the City and State Board of Equalization
reports addressing each point of sale reporting error
individually, including the business name, address,
telephone number, California sales tax permit number,
individuals contacted, date(s), of contact, nature of
business reasons(s) for error, recommended corrective
procedure and, if available, estimated sales tax income
which should be forthcoming to the City of San Jacinto.
o Respond to negative findings by SBE with timely
reconfirmation documentation in order to preserve,
original dates of knowledge.
o Coordinate with the taxpayer and State Board of
Equalization to make the necessary corrections plus
retroactive adjustments for eligible amounts improperly
distributed in prior quarters.
7
o Monitor and analyze the quarterly distribution reports
with audit focus on the following:
- Those accounts with previously reported point of
sale distribution errors to ensure that the
corrections are made for current quarters plus
retroactive adjustments for eligible amounts
improperly distributed in prior quarters.
- Those major accounts comprising approximately ninety
percent (90%) of the City's total sales tax revenue
to identify and investigate aberrations (e.g.,
negative fund transfers, significant decreases,
etc.) in order to detect and correct any
misallocations.
- Those accounts having a use tax designation to
ascertain why the tax is being classified as a use
tax rather than sales tax.
o Provide quarterly reports to City indicating progress to
date, including actual new sales tax income produced for
City by MRC's audit service plus projections for the next
four quarters.
Corollary Consulting
o Make specific recommendations (for City staff and/or MRC)
to further enhance the City's revenue base in areas such
as sales tax, property tax, property transfer tax,
business license tax, transient occupancy tax, utility
users tax, franchise fees and defined economic
development goals.
O Provide City employees with post audit sales tax
orientation:
- Conduct technical seminar on California's local
sales tax distribution process.
Train staff in the fundamentals of sales tax
auditing should the City desire to assume
responsibility for future maintenance of local
retail accounts internally.
0 Analyze list of City's major sales tax producers in order
to advise and assist the City in developing a public
relations program to prevent the loss of these important
businesses.
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0 Profile for Economic Development/Community Redevelopment
and Chamber of Commerce personnel the most economically
desirable/undesirable types of developments/business uses
and the reasons why.
0 Provide a list of businesses located in the City that are
not presently producing sales tax to the City of San
Jacinto but could be through constructive changes in
marketing and/or purchasing procedures.
Assist in defining specific geographic areas for which
the City would have an interest in knowing the sales tax
reduced (e.g., within Community Redevelopment Agency
boundaries).
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RESOLUTION NO. 1943
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, DESIGNATING A CITY CONSULTANT
AS THE AUTHORIZED CITY REPRESENTATIVE TO EXAMINE
SALES AND USE TAX RECORDS
WHEREAS, pursuant to California Revenue and Taxation Code
Sect;on 7200, et seq., the City of San Jacinto has adopted a
sales and use tax ordinance which imposes a tax and provides
a measure therefore that can be administered and collected by
the State Board of Equalization in administering and collecting
the California State Sales and Use Taxes; and
WHEREAS, pursuant to California Revenue and Taxation Code
Section 7056, the City of San Jacinto, by resolution, may
designate any officer, employee or any other person to examine
all of the sales and use tax records of the Board pertaining
to sales and use taxes collected for the City; and
WHEREAS, the City of San Jacinto has entered into an agree-
ment for sales tax audit and information services with the firm
of Municipal Resource consultants, a partnership of John T. Austin,
Inc. and Allen W. Charkow, Inc., to designate Municipal Resource
Consultants as authorized Consultant to examine such sales and
use tax records maintained by the Board on behalf of the City
of San Jacinto; and
WHEREAS, all legal prerequisites prior to the adoption of
this Resolution have occurred.
NOW, THEREFORE, the City Council of the City of San Jacinto,
California, DOES HEREBY RESOLVE as follows:
SECTION 1: Pursuant to Revenue and Taxation Code Section
7056(b), the City Council hereby requests the State Board of
Equalization to permit the following employees of the City to
examine all of the sales and use tax records of the Board
pertaining to sales and use taxes collected on behalf of the
City of San Jacinto: the City Manager, the Director of Finance,
or their designee.
SECTION 2: In all respects as set forth nd a , ab ve "� pursuan
t
to California Revenue and Taxation Code Section 7056(b), the
City Council of the City of San Jacinto hereby certifies to the
State Board of Equalization that Municipal Resource Consultants
is an additional designated representative of the City of San
Jacinto to examine all of the sales and use tax records of the
Board pertaining to sales and use taxes collected by the Board
on behalf of the City of San Jacinto.
SECTION 3: Pursuant to California Revenue and Taxation
Section 7056(b)(1), this Council hereby certifies that Municipal
Resource Consultants, a partnership of John T. Austin, Inc.
and Alien W. Charkow, Inc. (hereinafter referred to as
"Consultant"), meets all of the following conditions:
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Resolution No. 1943
Page 2
a. Consultant has an existing contract with the City
to examine sales and use tax records;
b. Consultant is required by that contract to disclose
information contained in, or derived from, those
sales and use tax records only to an officer or
employee of the City who is authorized by Section
1 of this resolution to examine the information;
c. Consultant is prohibited by the contract from
performing consulting services for a retailer
during the term of the contract; and
d. Consultant is prohibited by the contract from
retaining the information contained in, or derived
from, those sales and use tax records after the
contract has expired.
SECTION 4: The Deputy City Clerk shall certify to the
adoption of this Resolution.
MOVED, PASSED AND ADOPTED the 19th day of March, 1991.
ATTEST:
Deputy City Clerk
CERTIFICATE
Mayor
The foregoing is certified to be a true copy of
Resolution No. 1943 duly passed by the said City Council
of the City of San Jacinto on the date set forth therein.
Deputy City Clerk
Sales Tax Audit & Information
Schedule & Progress Chart
(Preliminary)
City: San Jacinto
Contract Date:
aa:...n.aurdruv
M f1
MoNJH
PY$`IIH
MNVIH
mum ma
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1
M N'flJ
MOM
MW1}I
M3!`IIH
M NTI
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Contract Aui3nrization
X
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12
Re•.. t Permit Listin. & Quarterl. pis. Re•.rts
XX
In•= t Permit Listin• & Quarterl Dist. •-..rts
X
.
inventory & Anal e All Business in Ci
X
X
XX
Develo. T .-t List of Potential Misallocations
Orientation Muetin.
XXX
Contact Each Business on Target List
e, Delivery
yPrepe
-
&Review W/City
Initial
Initial Re.. Ident' ' . Misallocated Accounts
XXXXX
_-,-■
Deliver. . . ive Listin. of Fin inesses to Ci
X
Coordinate W/T. I. "- & SBE
-
_ ____
lb Corr Misallocated Accts.
Receive, Process, Monitor & Anal e Quarter i Dist. Re...---
_
_
Ongoin Identification Co
& tin. of Misallncated Accts._---__--
Deliver On..in• Audit Re..rts
=
Quarterly Progress Reports
n .nvcs UI L'ILort
= Part Time Effort as Required
* Pursue to Conclusion
ORDINANCE NO. 931
AN ORDINANCE OF THE COUNCIL OF THE
CITY OF SAN JACINTO, CALIFORNIA, DESIGNATING
TRUCK ROUTES WITHIN THE CITY.
THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
Section 1. Purpose
The purpose of this Ordinance is to establish
highways within the City which shall be designated for
commercial vehicles exceeding 14,000 pounds gross vehicle
weight rating (GVWR).
Section 2. Definition
Whenever in this Ordinance the following terms are
used, they shall have the meanings respectfully ascribed
to them in this section.
1. City - means the City of San Jacinto.
2. Highway - shall have the same meaning set forth
in California Vehicle Code Section 360.
3. Commercial Vehicle - shall have the same
meaning set forth in California Vehicle Code
Section 260.
4. Commercial Vehicle Route - means that portion
of the highway under jurisdiction of the City,
upon which commercial vehicles shall be
restricted with a GVWR of 14,000 pounds or more
and a combined length not exceeding the
requirements of Section 35400(a) and 35401(a)
of the California Vehicle Code.
5. Surface Transportation Assistance Act (STAA)
Route —means that portion of the highway under
jurisdiction of the City, upon which commercial
vehicles shall be restricted with a GVWR of
14,000 pounds or more and a combined length not
exceeding the requirements of Section 35401(a)
and (b) and 35401.5 of the California Vehicle
Code.
6. Terminal - shall have the same meaning set
forth in California Vehicle Code Section
35401.5(d).
Section 3.
Except as designated hereinafter, it shall be
unlawful to operate any commercial vehicle on highways
within the City when the gross vehicle weight rating
exceeds 14,000 pounds unless such commercial vehicle is
operated upon designated Commercial Vehicle Routes. A
commercial vehicle may operate on restricted highways
within the City for the purpose of making delivery or
picking up a load. In such cases, the commercial vehicle
may be driven on such highways for not more than the
minimum distance necessary for that purpose.
Except as designated hereinafter, it shall be
unlawful to operate any commercial vehicle on highways
within the City when such vehicle exceeds 14,000 pounds
gross vehicle weight rating and the combination of
vehicles coupled together, including any attachments,
which consists of the truck tractor, a semi -trailer, and
a trailer, in total, does not exceed 75 feet, provided
that the length of neither the semi -trailer nor the
trailer in the combination of vehicles exceeds 28 feet 6
inches, unless the commercial vehicle is operated on STAA
designated routes.
Section 4.
The following highways are hereby designated as
"Commercial Vehicle Routes" for commercial vehicles which
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321
exceed 14,000 pounds GVWR and the overall length does not
exceed the requirements of California Vehicle Code
Section 35400(b)(4): (Exhibit A)
A. Ramona Expressway from the westerly most City
limits to the easterly most City limits.
13. Sanderson Avenue from the Ramona Expressway
southerly to the southern most City limits.
C. State Street from State Route 79 southerly to
the southern most City limits.
D. Esplanade Avenue from the westerly most City
limits, easterly to the Ramona Expressway.
E. Seventh Street from State Street, Easterly to
State Route 79.
The following highways are hereinafter designated as
"STAA Routes" for commercial vehicles which exceed 14,000
pounds GVWR and the overall length does not exceed the
requirements of California Vehicle Code Section 35401(b):
(Exhibit A)
A. Ramona Expressway from the westerly most City
limits to the easterly most City limits.
B. Sanderson Avenue from the Ramona Expressway
southerly to the southern most City limits.
C. State Street from the Ramona Expressway
southerly to Seventh Street.
Section 5.
Vehicles subject to Sections 1031 to 1036,
inclusive, of the Public Utilities Code and commercial
vehicles used exclusively for the collection and
transportation of garbage, rubbish, or refuse shall not
be prohibited from using any highway within the City.
Section 6.
This Ordinance shall not be effective until
appropriate signs are erected indicating the streets
affected by the Ordinance.
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INTRODUCED at a regular meeting of the City Council
of the City of San Jacinto, California, held on the
5th day of March , 1991.
MOVED, PASSED, AND ADOPTED at a regular meeting of
said City Council duly held on , 1991
by the following notes:
AYES:
NOES:
ABSENT:
ATTEST:
City Clerk
Mayor
MEMORANDUM
TO Mrs
FROM:
SUBJECT -
Management Life Insurance
DATE: March 19, 1991
Understanding. The effective date of the amendment I be
��C�G�OUND
thi
RECOMMENDATION
AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN
CITY OF SAN JACINTO, CALIFORNIA AND
SAN JACINTO DEPARTMENT HEADS,
DIVISION HEADS, FIRST LINE
SUPERVISORS AND CONFIDENTIAL
EMPLOYEES
This agreement is executed this day of March, 1991,
for the purpose of amending that certain Memorandum of
Understanding between the City of San Jacinto and the San Jacinto
Department Heads, Division Heads, First Line Supervisors, and
Confidential Employees, executed on November 22, 1988.
IT IS HEREBY AGREED that Paragraph H. of said Memorandum of
Understanding be amended to read as follows:
"H. LIFE INSURANCE. Effective March 1, 1991 and upon
qualification, a term life insurance policy will be provided for
each management and confidential employee (see attached matrix of
benefits, Exhibit C)."
San Jacinto Department Heads, Division
Heads, First Line Supervisors, and
Confidential Employees
By:
Representative
CITY OF SAN JACINTO
By:
1
Mayor
EXHIBIT C
BENEFIT
DESCRIPTION
MATRIX OF BENEFITS
A
Insurance and
Disability
**************
Vehicle
Usage
**************
Management
Leave
City provides medical insurance
up to and including paid
medical for employee and
dependents.
Short Term Disability
$5000 Max @ 80%
Long Term Disability
$5000 Max @ 80%
B c
Full Coverage
ull Coverage Full Coverage
*************************** *************
Full Coverage Full Coverage Full Coverage
Full Coverage Full Coverage Full Coverage
************************************************************ *************
Life Insurance 2 X Salary 1-1/2 X Slry 1 X Salary
************************************************************ *************
Physical Exam $150/Year $150/Year $150/Year
***********************************************:************ *************
See Section VII,
Item J
City Vehicle
or allowance
**********************************************
See Section VII,
Item B
*************************************************
Sick Leave
See Section VII,
Item D
*************************************************
Sick Leave
Buy Back
**************
Holidays
See Section VII,
Item D
Subsection 8.
*********************************
See Section VII,
Item I
Subsection 4.
1-1/2 days
per quarter.
Leave not
taken within
quarter, not
accumulated
*************
•s assigned, Pool car or
pool car or mileage
(1) (2) (2)
**********;,** **************************
1-1/2 days 1-1/2 days 1-1/2 days
•er quarter. Der quarter. per quarter.
Heave not Leave not Leave not
taken within taken within taken within
uarter, not quarter, not quarter, not
.ccumulated. accumulated. accumulat
************* *********************** **
12 Days/Year 2 Days/Year 12 Days/Year 12 Days/Year
Full Coverage
Full Coverage
Full Cove/
************.**************
May sell up ay sell up
to 12 days to 12 days
per year er year
after accum- fter accum-
ulation of„ lation of
200 hrs. 200 hrs.
***********************k**
10 Fixed/2
Floating
L3 )
0 Fixed/2
Floating
(3)
*************
May sell up
to 12 days
per year
after accum-
ulation of
200 hrs.
************
10 Fixed/2
Floating
(3)
25K
$150/Year
t*************
Pool car or
mileage
*************
May sell up
to 12 days
per year
after accum-
ulation of
200 hrs.
*************
10 Fixed/2
Floating
(3)
To:
From:
Date:
Subject:
SAN JACINTO POLICE DEPARTMENT
160 West 6th Street
San Jacinto, CA. 92383
Honorable Mayor and Council Members
Chief of Police
March 13, 1991
City Participation
Enforcement Museum
via City Manager
in the Riverside County Law
It is requested the City of San Jacinto participate in the
newly formed Riverside County Law Enforcement Museum, which has
been formed as a non-profit public benefit corporation. The museum
has been organized under the provisions of 501(c)(3) of the
Internal Revenue Code, and has also been incorporated under
California Law.
The Board of Directors of the Museum will include a member of
the County Board of Supervisors, the County Sheriff, Chief's of
Police representing both Eastern and Western Riverside County
Cities, the District Attorney, a Mayor, a member of the Judiciary
and members of the public.
The actual site of the museum will be in the City of Riverside
and is scheduled to be one of the finest law enforcement/public
safety museums in the United States. The Chief's of Police of
Riverside County have reviewed the museum's concepts, formation and
mission and feel it will be an excellent historical repository for
the many items of memorabilia associated with 100 years of law
enforcement and public safety in this County.
Should the members of Council and the City Manager authorize
participation in the Museum it is requested the attached Resolution
be adopted. Through the adoption of the Resolution, the City of
San Jacinto would from time to time contribute to the museum those
items deemed historical in nature. In addition, the City may, from
time to time receive from the museum, memorabilia for display in
our City.
Should you have any questions, please contact my office.
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RESOLUTION NO. 1946
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO RECOGNIZING THE RIVERSIDE COUNTY LAW ENFORCEMENT
MUSEUM AS AN AUTHORIZED REPOSITORY FOR CITY OF SAN
JACINTO HISTORICAL MATERIALS RELATING TO LAW ENFORCEMENT
AND PUBLIC SAFETY.
WHEREAS, law enforcement in Riverside County will
celebrate one hundred years of public service in 1993 and
that the Riverside County Law Enforcement Museum has been
formed and is dedicated to the preservation of municipal
and county law enforcement and public safety memorabilia,
historical documents, and archives; and
WHEREAS, law enforcement and public safety in
Riverside County includes municipal police, fire,
sheriff, coroner, district attorney, public defender,
judiciary and allied public safety disciplines; and
WHEREAS, the museum is dedicated to public and youth
education and training of present and future police
officers and enforcement practitioners serving the
citizens of the county of Riverside and the preservation
and safeguarding of law enforcement and public safety
records, artifacts, and the contributions of individuals
to the public welfare, now there,
NOW, THEREFORE BE IT RESOLVED the City Council of
the City of San Jacinto, County of Riverside, State of
California, recognizes the Riverside County Law
Enforcement Museum as an authorized repository for the
City of San Jacinto, Riverside County historical
materials related to law enforcement and public safety.
BE IT FURTHER RESOLVED AND ORDERED that the City
Council of the City of San Jacinto authorizes the Chief
of Police and the Fire Chief to, pursuant to applicable
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laws or regulations, transfer or loan to the museum such
artifacts, memorabilia, goods and records as will serve
the good of the public in the City of San Jacinto and the
County of Riverside.
MOVED, PASSED, AND ADOPTED at a regular meeting of
said City Council on the day of , 1991.
ATTEST:
Deputy City Clerk
Mayor
2
MEMORANDUM
TO: Honorable Mayor and Members of the Council
via Pamela S. Easter, City Manager
FROM: Anna A. Vega, Finance Director
DATE: March 14, 1991
SUBJECT: Safekeeping and Trading Account Agreement
Approval of the attached Safekeeping and Trading Account Agreement
will allow the funds in the City's General Fund to be invested
over the weekends to earn interest.
The City Attorney has reviewed the Agreement and recommends approval.
CORPORATE RESOLUTION
ACCOMPANYING SAFEKEEPING AND
TRADING ACCOUNT AGREEMENT
COMPLETE FOR ALL CORPORATE ACCOUNTS
NAME OF CORPORATION: City of San Jacinto
CUSTOMER ACCOUNT #: 201-398000
RESOLVED, that (insert names and/or corporate titles):
I. Kenneth Leahy s. Anna A. Vega
2. Pamela S.- Easter 4, Nanc Randolph
be and they hereby are, and each of them, is, authorized and empowered for and on behalf of this Corporation to appoint `-•.
and authorize from time to time any employee or employees of tIn Corporation by written appointment and authorization
as "agents of this Corporation (herein ."Agents") to engage in transactions involving the purchase and/or sale, to the
extent permitted by :law and • regulation,", of U S. government securities,- federal agency securities, . money, market
instruments, including but not limited to domestic'. and foreign certificatesof deposit and domestic and foreign bankers
acceptances, commercial paper ` (or other corporate securities), mortgage -backed securities, municipal securities, and
financing agreements, including but not limited to securities purchased under agreement to resell (reverse repos),
securities sold under agreement to repurchase (repos), and borrowing and lending agreements for the above mentioned
securities;
RESOLVED FURTHER, that each of the aforementioned is authorized to to enter into one or more Securities Safekeeping
and Trading Account Agreements with First Interstate Bank of California and First Interstate Bank, Ltd;
RESOLVED FURTHER, that complete authority at all times with respect to any of the above transactions deemed by any of
the Agents to be proper in connection therewith, is hereby conferred, including authority (without limiting the
generality of the foregoing) to give written or oral instructions to third parties with respect to said transactions
and to bind or obligate the Corporation to and for the carrying out of any contract, arrangement, or transaction, which
shall he entered into by any such Agent for and on behalf of the Corporation; and
RESOLVED FURTHER, that the Secretary or an Assistant Secretary of the Corporation be and each is hereby authorized,
empowered, and directed to certify, under the seal of the Corporation, or otherwise, to the said third parties:
1. a true copy of these resolutions;
2. specimen signatures of each and every employee by these resolutions empo
By signing below, the Corporate Secretary hereby certifies that the foregoing is a full, true and correct copy of
resolutions duly adopted by the Board of Directors of said Corporation pursuant to action by unanimous written consent,
and that said resolutions are in full force and effect and have not been revoked.
Witness my hand and
Maurice Aiulster
City Clerk
Return completed forms to;:;__,;:
First Interstate Bank, 707 Wilshi
1..A61097 3t90
oration this 6th day of March, 1991
201 E. Main St. (P.O. Box 488)
San Jacinto, cA 92383
Are you of legal age (21)? Yes X No
Are you employed by an NASD Member or a Municipal Securities Broker/Dealer?
Does the customer object to disclosure of its identity to issuers of securities it owns?
INVESTMENT OBJECTIVES:
Tax Free Income
Liquidity X
DESIRED MATURITIES:
2 Yrs or Less X
TYPES OF INVESTMENTS:
Municipals X
Long Term Cap. Gain
Safety of Principal X
5Yrs
G overnments X
CUSTOMER. INFORMATION AND SIGNATURE CARD
SECURITIES SAFEKEEPING AND TRADING ACCOUNT AGREEMENT
CUSTOMER ACCOUNT #: 201-398000
Account Name & Address (No PO Boxes):
City of San Jacinto
General Fund
201 E. Main Street
San Jacinto, CA 92383
First Interstate Deposit Account Number.-.�
Checking:
Savings:
(Account to be debited/credited for sales,
purchases, interest and related payments).
Phone Number:
(714) 654-7337
IRS REQUIRED INFORMATION:
Please enter your taxpayer ID #: 95-6000780
(Refer to disclosure on reverse side).
SENIOR CITIZEN DISCOUNT: / / (Date of Birth)
You must enter your date of birth in order to qualify.
Customers 55 years or older are entitled to a 50% discount on applicable service charges.
Only applies to individual, joint or trust accounts (includes
This discount is available until further notice.
FIRST INTERSTATE IS REQUIRED TO OBTAIN THE FOLLOWING CUSTOMER INFORMATION:
Employer's Name Sc Address: City of San Jacinto Is there a beneficial owner other than
the customer? Yes No X
Beneficial Owner's Name & Address:
City of San Jacinto
Approximate tax bracket?
Yes No
Yes No
.0 %
Trading Profit Maximum Yield X
10 Yrs
Money Markets X
20 Yrs+
Mutual Funds X
SIGNATURES:
By signing this Customer Information and Signature Card, and the Securities Safekeeping and Trading Account
Agreement, the customer certifies the information listed above, and agrees to the applicable eerms and conditions
contained in the Securities Safekeeping and Trading Account Agreement.
1. Customer(s): Kenneth Leahy
2. First
Interstate Bank:
Pamela S. Easter
Anna A. Vega
Cindy Densmore
Name
Signature Date
Return completed forms to:
First Interstate Bank, 707 Wilshire Blvd., W8-18, A
LAD 1095 5/90
New Accounts, Los Angeles, CA 90017
First Interstate Bank
SIGNATURE PAGE
FIRST INTERSTATE BANK OF CALIFORNIA
Rado7Ph Merftor
Vie resident
FIRST INTERSTATE BANK, LTD.
liam J •oomey, J
Executive ice Presi en
CUSTOMER:
Name:
avarin
Vice President
CUSTOMER
(If Joint Account)
Name:
FIRST INTERSTATE BANK
GLOBAL TRADING AND DISTRIBUTION
SECURITIES SAFEKEEPING AND TRADING ACCOUNT AGREEMENT
INSTRUCTIONS
Please review the Securities Safekeeping and Trading Account .Agreement.
Please enter your signature and the date on page 7 of the Agreement.
3. Please complete, sign . and date the enclosed
Signature Card.
4. For Corporate Accounts, also complete the Corporate Resolution.
5. For Trust Accounts, please provide a copy of your Trust Agreement.
Customer Information and
6. For Profit Sharing, Employee Benefit, or Pension Plan Accounts, please
provide a copy of your plan's agreement.
7. To change any aspect of an existing account, please complete the
appropriate sections of the Customer Information and Signature Card.
8.
The cuuct0mgr'E cignntPre is required for all
changes to existing account information.
Return completed forms to:
First Interstate Bank
707 Wilshire Blvd., W8-18
Attn: New Accounts
Los Angeles, CA 90017
slaw prrnnntc and fnr a!l.
First Inte ate Bank
SECURITIES SAFEKEEPING AND TRADING ACCOUNT AGREEMENT WITH
FIRST INTERSTATE BANK OF CALIFORNIA AND
FIRST INTERSTATE BANK, LTD.
In consideration of First Interstate Bank of California (the
"Bank") and/or First Interstate Bank, Ltd. ("Limited"),
both California banks (collectively "First Interstate"),
accepting one or more accounts of the undersigned ("Customer") and First Interstate agreeing to act as
Broker/Dealer for the Customer in the purchase or sale of
Securities or Commodities, the Customer consents and
agrees as follows:
SECTION I
SAFEKEEPING AND CUSTODIAL SERVICES
If the Bank is requested to open a Safekeeping Account for
and in the name of the Customer, the Customer hereby
appoints the Bank as Custodian to receive and hold for. —
Safekeeping all bonds and other investment instruments
("Custodial Assets") from time to time deposited with the
Bank or collected by the Bank for such Safekeeping
Account. The Bank agrees to hold and keep as Custodian all
such Custodial Assets and will faithfully discharge its
obligations in accordance with the following terms and
conditions:
1.1 The Bank shall collect and receive interest and
principal paid to it by any person or organization with
respect to Custodial Assets. The Bank will surrender
for payment, coupons, matured securities, or
securities called for redemption. The Bank will notify
the Customer in writing of any puts, calls or
conversions relating to Custodial Assets held in the
Bank's name or its agent's name. The Customer will
instruct the Rank in writing to forward such securities
for exchange or conversion. With respect to Custodial
Assets registered in the Customer's name,. the Bank
shall not be obligated to inform the Customer of a
maturity or call for payment of such securities, nor be
responsible for a failure to present such securities for
payment. Any related charges will be assessed to the
account of the Customer.
1.2 Interest and dividends paid upon Custodial Assets
held at a central depository institution, in federal
book -entry form, bearer form, or held in the Bank's
nominee name, will be paid to the Safekeeping
Account on payable date in good funds. Income on
Custodial Assets held at New York correspondent
banks will be credited to the Safekeeping Account on
payable date, provided that such Custodial Assets are.
not held in the Customer's name_ Income on
reorganizations, puts, calls or foreign securities will
be credited to the Safekeeping Account when good.
funds have been received by the Bank. For variable,
floating rate bonds and Collateralized Mortgage
Obligations (CMOs), the Bank will credit the
Safekeeping Account upon receipt of the correct rates
on payable date, receipt of payment, or —by thethird
business day, whichever occurs first.'
1.3 The Bank shall use its best efforts to collect, on
behalf of the Customer, monies which are due and
owing to the Customer upon the maturity, redemption,
payment of principal, or sale of Custodial Assets, or
at the dates of their call for payment of which the
Bank has actual notice from thereporting services to
which the Bank subscribes. The proceeds of properties
so received shall be held in the Safekeeping Account,
or forwarded upon the direction of the Customer. The
Bank shall not be obligated to institute or participate
in any legal proceedings to make such a_collection.
4 In the event the Bank fails to actually "receive any
monies which have been credited to the Safekeeping
Account as herein above described, the Bank shall
notify the Customer as soon as practicable and shall
reverse out such credit. The Bank shall be entitled to
interest at'a fair and reasonable rate, as determined by
the Bank, from the date of credit to the Safekeeping
Account until the date such credit is reversed.
1.5 The Bank, pursuant to such specific directions as it
shall receive from time to time from the Customer, is
authorized to deposit cash which it holds as Custodian
in a non -interest -bearing deposit account, or maintain
a cash balance with the Bank regarding such cash
reasonably necessary from time to time to be held
temporarily awaiting investment or distribution.
I.6 The Bank will account to the Customer for any income
received, as well as for principal amounts received.
The Bank will also properly account for all Custodial
Assets delivered into or withdrawn from the
Safekeeping Account.
1.7 The Bank is authorized to hold Custodial Assets in the
name of the Customer, its own name or agent's name,
the name of its nominee or its agent's nominee, at any
Registered Securities Depository, in federal
book -entry form, or forms that will permit title
thereto to pass by delivery. The Bank shall be
responsible for the acts of its nominee or its agent's
nominee. In addition, the Bank is authorized to cause
Custodial Assets to be registered in the name of, to
maintain such Assets on deposit with and to settle
trades through a Registered Securities Depository.
The Bank is authorized to exchange Custodial Assets
for other Custodial Assets where the exchange is
purely ministerial as for example, the exchange of
bearer securities for registered securities or when
,securities are interchangeable. In the event that the
Page 1
Bank is requested to hold municipal securities in
bearer form as Custodial Assets, the Bank is
authorized to convert such securities into registered
form prior to the delivery of such securities. Further,
should any securities held in nominee name be called
for partial redemption by the respective issuer, the
Bank is authorized to allot the called portion to the
respective holders in any manner deemed to be fair.
and equitable in the Bank's discretion.
1.8 The Customer authorizes the Bank to access the
Customer's Safekeeping Account established with the
Bank in order to I) deliver to Limited on settlement
date securities sold on the Customer's behalf by
Limited, as specified on the confirmation sent by
Limited, and 2) accept for Safekeeping securities
purchased on the Customer's behalf by Limited, as
specified on the confirmation.
I The Bank is authorized to deliverany instrument. or
document necessary to register the securities in the -i
Safekeeping Account, or to complete any sales or
deliveries to it. To affect this, the Bank may execute
on the Customer's behalf any declarations, affidavits,
certificates of ownership or other documents required
to service the Custodial Assets and guarantee that
such documents have been executed by the Customer.
The Customer shall, when requested, furnish the
Bank with all documents and authorizations,
representations or powers of attorney as may be
reasonably required by the Bank to carry out its
obligations hereunder.
1.10 The Custodial Assets shall be invested and reinvested
in accordance with the instructions of the Customer.
The Bank shall have the following powers and duties
which it shall exercise and perform only upon
,n>ttactious of the Customer:
a. To pay for all securities which have been
purchased upon receipt of such securities by or for
the Bank;
b. To deliver securities which have been sold in
accordance with generally accepted street
practices or any special instructions of the
Customer;
c. To settle trades through a registered securities
depository utilizing an institutional delivery
system; and,
d. To convert, surrender, tende
securities.
1.11 Notwithstanding any other provisions of this
Agreement, if at any time there is insufficient cash or
securities in the Safekeeping Account with which to.
carry out the instructions of the Customer, the Bank
shall notify the Customer of such insufficiency as
soon as practicable after receiving the instructions
and shall have no further responsibility for complying
therewith until it receives sufficient cash or
securities.
1.12 The Customer may instruct the Banktoinvest the'.
Custodial Assets of the Safekeeping Account, or any
part thereof, in interest -bearing deposits with, or
certificates of, the Bank or any affiliate thereof.
1.13 Any of the Custodial Assets may be withdrawn from
the Bank at any time by the Customer upon written
instruction to the Bank.
1 14 The Bank shall not have any duly or responsibility to
supervise the investment of or make recommendations
with respect to the purchase, retention or sale of
Custodial Assets or other property relating to the
Safekeeping Account or for any loss occasioned by
delay in the actual receipt of notice by the Bank of any
payment, redemption orany other transaction in
which the Bank is authorized to take action pursuant ..
o this Agreement.
1.15 The Safekeeping-. Account will be debited for
purchases and credited for sales on actual settlement
day, should the settlement not be consummated on
contractual settlement date.
1.16 If any Custodial Assets deposited with a Registered
Securities Depository prove to be ineligible for
deposit by such depository for any reason, the Bank
may hold such securities in its vault or at its custodian
bank. The Customer may furnish the Bank with similar
securities in a form acceptable to the Bank.
1.17 As to any instructions authorizing the receipt of
securities regarding transactions not placed through
the Bank, the Bank shall have no duty to advise the
Customer of nonreceipt of, or to take steps to obtain
delivery of, securities from third parties either
against payment or free of payment. As to any
instructions authorizing the delivery of securities
regarding transactions not placed through the Bank,
the Bank shall have no duty to meet the delivery date
of the securities or, if payment is involved, credit the
Customer's cash account with proceeds, unless proper
authorization is received by the Bank with a
reasonable and sufficient amount of time prior to the
settlement date.
18 The Bank shall receive reimbursement for any of its
xpenses incurred in connection with this Agreement
and compensation for its customary and ordinary
services in accordance with its written schedule of
fees, as amended from time to time. In the event the
Customer does not maintain a checking or savings
account -with the Bank, the Customer shall pay all
Page 2
compensation fees by check to the Bank no later than
the last day of the month in which the Safekeeping
Services Billing Statement is received. In the event
such fees are not paid by the Customer within a
reasonable time period, as determined by the Bank,
theywill be deducted from interest or maturity
payments,or other 'proceeds. relating' to other..
Custodial. Assets. The Bank will provide the Customer.
with a written explanation detailing such charges.
This fee schedule shall be reviewed annually by the
Bank and adjusted as required. The Bank will provide
the Customer with a 30 day written notice prior to
implementing a new feeschedule. ,;'.`
SECTION 2
SECURITIES TRADING AND CREDIT PROVISIONS
The following provisions apply to open contractual
commitments and to situations in which First,. interstate is
exposed to any type of credit risk:..,
For the purpose of effecting transactions in 'any securities,
including but not limited to securities issued by the
Government National Mortgage Association, the Federal
1.19 The Bank will furnish the Customer with transaction
National Mortgage Association and the Federal Home Loan
confirmations, interest advices, and maturity advices -
Mortgage Association, and any other collateralized
as transactions occur affecting theCustodial Assets..
mortgage obligation for which forward settlements are
The Bank will also provide the,. Customer with ..-
required (for purposesof this section, herein after. referred
semiannual verification-, statementi,-. and monthly' -: - -
to singularly or`col,ectively-`as tits ,'Securities')„we
transaction statements The`,Customer-may request the t
confirm the, 'mark to the market procedure.
monthly and semiannual -statements to be`produfollowingced on - • - —'.
an alternative basis which will be; -provided at an " All open positions in the. Securities shall be -marked to the
additional charge: The Bank will provide the -Customer .'-.4"'.` market daily. Exposures will be calculated on a month by
with a monthly --.Activity'- and Billing Statement month basis. Eachmonth's unrealized profit or unrealized
whenever deposit, withdrawal or maturity activity loss will be netted against all other months to arrive at a
occurs. The Bank will also provide the customer with new exposure. First Interstate will then, at its sole
semiannual statements for the periods ending June 30 discretion, request from the Customer collateral sufficient
and December 31. Upon receipt of the Customer's to cover any such exposure. If the collateral is not received
current
comply
requirements. It shall be the responsibility of the
Customer to notify the Bank of any errors or omissions
in such statements within 30 days of the Customer's
receipt of such statement. If the Bank does not receive
such notice from the Customer within the 30 day
period, then the statement will be deemed to be correct.
written request, the Rank will provide an interim
monthly Statement of Account in order to
with the Customer's internal audit
1.20 The Bank shall not be responsible for the sufficiency
of the form, executions, validity or genuineness of
notices, documents or securities now or hereafter
deposited hereunder, or for any endorsement thereon,
or for the lack of endorsement thereon, or for any
description therein, nor shall the -Bank be responsible
or liable in any respect on account of the identity,
authority or rights of the persons executing or
delivering or purporting to execute or deliver any
such document, security or endorsement.
1.21 The Customer is to provide the Bank- with written
instructions regarding disclosure of the Customer's
identity to securities issuers when the Bank holds
securities for the Customer. in :'nominee" or ""street"
name: Such instructions are to be provided on. the
Customer Information and Signature Card. In the event
the Customer does not provide these instructions, the
Bank will presume that the Customer does not object to
the disclosure of the Customer's identity.
by First Interstate within one hour following the request,
First Interstate shall have the right to immediately close out
a sufficient number of contracts or positions to place itself
on a fully collateralized basis. The Customer will be
responsible for any loss incurred. Any profit or outer sum
beyond that necessary to protect First Interstate will be
promptly returned. Acceptable collateral shall include
cash, a Letter of credit in First Interstate's favor from a
financial institution acceptable to First Interstate, or
government .eccrities at market value. The above mark to
the market provisions are in addition to the standard terms
specified in this Customer Account Agreement.
2.2 Interest Rate on Debit Balances
Customer account debit balances shall be charged with
interest, in accordance with First Interstate's usual custom,
and with any increases in rates caused by money market
conditions, and with such other charges as First Interstate
may make to cover its facilities and services.
2.3 Margin Call Agreement
The Customer will maintain such margins for said accounts
as First Interstate may :require in its own discretion from
time to time. If at any time First Interstate' considers it
necessary for its protection, it may in its discretion require
the Customer to deposit cash or collateral in the Customer's
account to assure due performance by the Customer of its
open contracts and commitments.
Page 3
2-4 Transfers between Accounts
At any time, at First Interstatc's discretion, First Interstate.
may, without notice to the Customer, apply and/or transfer
any or all monies, securities, commodities and/or other';
property of the Customer interchangeably between any -s:,
accounts of the Customer.
2.5 Consent to Loan Securities
Until First Interstate receives written notice of revocation•
from the Customer, First Interstate is hereby authorized to
lend, to itself as broker/dealer or to others, any securities
held by First Interstate on margin for the account of, or
under the control of, the Customer.
SECTION 3
GENERAL TERMS AND CONDITIONS
The following terms and condition
apply to all accoun
3.1 Deposit Account Access Authorization
The Customer authorizes the Bank to access the Customer
cash account established with the Bank in order to: I) pay
Limited on Settlement Date for securities purchased on the
Customer's behalf by Limited, such amount as is specified
on the confirmation sent by Limited, and 2) accept for
deposit into the Customer's account the proceeds from the
sale of securities sold on the Customer's behalf by Limited,
such amount as is specified on the confirmation_ ..
3.2 Compliance with Applicable Laws
Any and ati transactions under this Agreement for the
account of the Customer shall be subject to all applicable.
laws, rules and regulations of all federal and state agencies,'..
including, but not limited to the Board of Governors of the
Federal Reserve System, the Federal Deposit Insurance,
Corporation, the Office of the Treasury, the Constitution,
rules, regulations, customs and usages.of any exchange or
market, and its clearing house, if any, wher.e the
transactions are executed by First Interstate or its agents,
and where applicable, to the provisions of any state or e,;
other provisions of the Agreement and the provisions as so
modified or superseded, shall in all respects continue to be
in full force and effect.
3.3 Limits
,
The_ Customer agrees not to exceed any. position Limits.
which may be established by First. Interstate from time 10 time, or any other limits established by any federal agency,
commodities exchange or board of trade with respect to
Customer's accounts.
3.4 Brokerage Services
In all transactions between First Interstate and the
Customer,"the Customer understands that First Interstate is
acting as the broker,- of the Customer, except when First
Interstate discloses to the Customer in writingat'or before
the completion ` of a particular 'transaction:,thai First '1
Interstate'is-acting as dealers for First Interstates-own'
account or as brokers for some other person k ...
3.5:Customer Instructions
The Customer's instructions or directions are to be in
writing and signed by the Customer, but First Interstate is
entitled to accept and rely on oral or faxed instructions or
directions and, in doing so, shall not be liable for executing
any such instructions or directions which First Interstate
believes in good faith to be genuine. The Customer will
providewritten and signed instructions confirming
previous oral or faxed instructions or directions. The
customer - understands and agrees that any telephone
conversations with First Interstate personnel may be
recorded to ensure accuracy. If the Customer is other than
an individual, the Customer hereby designates the person or
persons whose nstthorizcd signatures appear hereon as agent
oragents of the Customer to perform any and all acts
contemplated. herein on behalf of the Customer, the
authority of said agent or agents remaining in full force and
effecte until written notice of the termination of such
authority shall have been delivered to First Interstate.
3.6 Joint Tenancy
there is more than one individual Customer, and without
self -regulatory agency's rules and regulations, the written instructions to the contrary, the account shall be
Securities Exchange Act of 1934, the Commodities owned as Joint Tenants With the Right Of Survivorship. If
Exchange Act, and present and future acts amendatory the Customer's account is intended as a Tenants in Common
thereof and supplemental thereto. Whenever any statute or a Community Property account, the Customer shall
shall be enacted which shall affect in any manner or be provide First Interstate with written instructions to this
inconsistent with any of the provisions hereof, orwhenever: effect:; In any case, all notices, directions and instructions -`
any rule or regulation shall be prescribed or promulgated by .: . may be given to First Interstate by any one of the account
any of the aforementioned regulatory agencies which shall_," holders- and ..all ,,.securities,. and proceeds -shall be
affect in any manner or be inconsistent with any of the withdrawable at the direction or notice of any one of the
provisions hereof, the provisions of this Agreement so--' account holders, unless First Interstate has received written
affected shall be deemed modified or superseded,. as the notice from any of the account holders that the signatures of
case may be, by suchstatute, rule or regulation, and all both/all, account holders are thereafter required.,:
Page 4
3.7 Reports
Reports of the execution of orders and statements of the
accounts of the Customer shall be conclusive if not objected
to in writing, the former within two business days, and the
latter within thirty business days of the Customer's receipt
of such execution orders and statements In any transaction,
prior to delwver7 ,the seller will furnish a statement to the
buyer with the exact principal and accrued interest to
settlement date.
3.8 Representations
The Customer represents that it is duly authorized and
empowered to enter into this Agreement and.to effect the
transactions contemplated by this Safekeeping and Trading
Account Agreement, and any statements of financial
condition submitted by the Custoniefin connection with this
account are true and correct, and no person or entity has any
interest in or control of the account except as disclosed in
this Agreement.
3.9 General Security
Alt monies, securities, commodities or other property
which First Interstate, or any of its agents may at any time
have in its possession and control, or be holding or carrying
for the Customer or which may at any time be in First
Interstate's, or any of its agents possession for any
purpose, including safekeeping, shall be subject to a
general lien for the discharge of all obligations of the
Customer to First Interstate, regardless of whether First
Interstate has made advances in connection with such
securities, commodities or other property, irrespective of
the number of accounts the Customer may have with First
Interstate. All cash, deposits, securities, commodities or
''_rty other property, now or hereafter held or carried by
First Interstate or any of its agents, for the Customer
(either individually or jointly with others) or deposited to'"
secure the same, may from time to time and without notice
be pledged, repledged, hypothecated or rehypothecated,
separately or in common with other securities and
commodities or any other property, for the sum due to First
Interstate thereon or for a greater sum and without retaining
in First Interstate's possession and control for delivery a
like amount of similar securities or commodities.
3.10 Defaults
First interstate shall have the right, in addition to any other
right or remedy to which it is entitled by law or equity, in
its discretion and under circumstances which it considers
appropriate, or in the event that a petition in bankruptcy or
for the appointment of a receiver is filed by or against the
Customer, or any similar event, or an attachment is levied.
against the accounts of the Customer with First Interstate or
any of its affiliates, or in the event of the death,
incompetency or disability of the Customer, or for any
reason First Interstate deems necessary for its protection,
to sell any or all of the securities and commodities o ,other
property which may be in the possession of First Interstate
or its agents, or which First Interstate or its agents may be
carrying for the Customer (either individuals or.jointly;
with others), or to buy in any_ securities, commodities or
other property of which the account or accounts of the
Customer may be short, or cancel any outstanding orders in
order to close out the account or accounts of the Customer
in whole or in part in order to close out any commitment
made on behalf of the Customer. Such sale, purchase or
cancellation may be made according to First Interstate's
judgment and may be made at First Interstate's discretion
on any exchange or other market where such business is
usually transacted, or at a public auction or at a private
sale, without advertising the same and without notice to the
Customer or to the personal representatives of the
Customer, and without prior tender, demand or, call of any
kind upon ther Customer' or - -upon the personal
representatives of the Customer.`. First Interstate 'may
purchase the whole or any part thereof free from any right''
of redemption, and the Customer shall remain liable for any
deficiency; it being understood that a prior tender, demand'
or call of any kind from First Interstate, or prior notice
from First Interstate, of the time and place of such sale or
purchase shall not be' considered a waiver of First
Interstate's right to sell or buy .any securities, commodities
or other property held by First Interstate, or owed First
Interstate by the Customer', at any time as hereinbefore
provided. Further, First Interstate or any of its agents may
sell or set-off and apply any other property or cash which
First Interstate or any of its agents may hold for the
Customer (whether held as margin or for Safekeeping,
custody or otherwise, or any credit balance First Interstate
may have in any account of the Customer with First
Interstate). These provisions shall not otherwise limit the
right and powers of First Interstate. under any separate
security Agreement with the Customer.
3.11 Discharge Obligations
The Customer undertakes, at any time upon First
Interstate's demand, to discharge its obligations to First
Interstate, or, in the event of a closing of any account of the
Customer in whole or in part, to pay First Interstate the
deficiency, if any, and no oral agreement or instructions to
the contrary shall be recognized or enforceable.
3.12 Fails
In the case of the sale of any security, commodity, or other
property by First Interstate at the direction of the Customer
and First Interstate's inability to deliver the same to the
purchaser by reason of failure of the Customer to supply
First Interstate therewith, the Customer authorizes -First
Interstate to borrow any security, commodity, or other
property necessary to make delivery thereof, and the
Customer hereby agrees to be responsible for any loss
Page 5
which First Interstate may sustain thereby and any
premiums which First Interstate may be required to pay
thereon, and for any loss which First Interstate -may sustain
.by reason of First Interstate's inability to borrow the
security, commodity, or other property sold.
3.13 Costs of Collection
In the event that First Interstate has to employ counsel or a
collection agency to collect the amounts owed including any
debit balance which may be owed by the Customer, the
Customer authorizes First Interstate to charge the Customer
for the reasonable costs of collection including but not
limited to atterney's fees, court costs and related expense's '
of any kind incurred by it•in effecting said collection.
3.14 Indemnification
The Customer will indemnify and heldFirst Interstate and --
First Interstate's agents harmless from anyliability, loss,,_
claim, damage or expenses that may occur as a result of
compliance with the terms hereof, except for First
Interstate's gross negligence or, willful' misconduct. First
Interstate may, at its option, insure itself against any loss
but shall be under no obligation to insure for the -benefit of
the Customer. First Interstate shall not be liable for any
delay or failure to act as may be required hereunder when
such delay or failure is due to fire, earthquake, or any act of
God, interruption or suspension of any communicatiorr or
wire facilities or services, war, emergency conditions or
other circumstances beyond its control.
3,.15 Arbitration
The following Agreement to arbitrate does not apply to any
controversy with a public customer for which a remedy may
exist pursuant to an expressed or implied right of action
under the federal securities laws. The Customer agrees, and
by carrying an account for the Customer,- First Interstate,
agrees; that except as inconsistent with the foregoing
sentence, all controversies which may arise between First
Interstate and the Customer concerning any transaction or
the construction, performance or breach of this or any other
Agreement between First Interstate:. and the Customer,;,
whether entered into prior, on or subsequent to the date
hereof, shall be determined by arbitration. Any arbitration
under this Agreement shall be determined pursuant to the
arbitration laws of the State of California, before an
arbitration facility provided by any exchange or the
National Association of Securities Dealers, Inc.; and in
accordance with its rules and regulations. The Customer
may elect in the first instance whether arbitration shall be
by the New. York Stock Exchange, Inc., the National
Association of Securities -Dealers, Inc.; or other exchange
or market facility, or the American Arbitration Facility, but
if the Customer fails to make such election, by registered
letter or telegram addressed to First Interstate at its main
office at 707 Wilshire Boulevard, Los Angeles, California
90017, Attention: Bancorp Legal Department, W54-10,
within five days after receipt of a written request from First
Interstate to make such election, then`Firsi Interstate may
make such election. The decision'of the arbitr1ttorsshall be
final, and judgment upon the award rendered may be entered
in any court having jurisdiction, either state or federal.
Commodity accounts'``ar6 toyer ned'=`bthe 'arbitration
provisions of the Commodity Customer's Agreement.
3.16 Notices
Communications may be sent to the Customer at the address
provided by the Customer, or at such other address as the
Customer may hereafter give First Interstate in writing. All
communications s i sent shall 'be deemed given to the -
-
Customer personally, whether actually"received or not.R'
Notices to First Interstate with respect to this Agreement—=
shall be addressed to:
First Interstate Bank, Ltd., 707 Wilshire Blvd., W8-18,
Attn.:. Compliance Department, Los Angeles, CA 90017.
3.17 Waivers, Modifications, Amendments
Except as herein provided, no provision of this Agreement
shall in any respect be waived, altered, modified or
amended unless such waiver, alteration, modification or`
amendment be ctmmitted to writing and signed by First
Interstate and the Customer.
3.18 Governing Law
This Agreement and its enforcement shall be governed by
the laws of the State of California and its provisions shall
be continuous; shall cover individually and collectively
accounts which the Customer may open with First
Interstate, and shall inure to the benefit of First Interstate°.s
present organization, and any successor organization,
irrespective of any change or changes at any time in the
,personnel thereof, for any cause whatsoever, and of the
assigns of First Interstate'a .present organization or any
successor organization, and shall be binding upon the
Customer, and/or the estate, executors, administrators and
assigns of the Customer. In the case of an individual
account, the death of the Customer shall not terminate
liability under .this Agreement so that the estate of the
Customer shall be liable for all transactions within the
scope of this Agreement prior to the receipt by First
Interstate of written notice of the death of the Customer.
The estate, if any, of the Customer shall also continue
liability with respect to any losses which may be incurred in
liquidating the account during a reasonable time subsequent
to the receipt of such notice.
By the Customer's acceptance hereof, the Customer agrees
that the Customer has not made, and First Interstate is not
relying on, any statements, representations, promises or
undertakings not contained in this Agreement. In the event
that First Interstate is relying upon information contained
Page 6
in financial statements provided by the Customer, the
Customer represents that no material adverse change in its
financial condition has occurred since the datc of the last
financial statement furnished to First Interstate. The
Customer: will provide -First Interstate ..:with.•.annual
statements of financial condition as soon as such statements';
are available. As used in this Agreement,'-"Customer",if.
more than one, shall mean all of the Customers or each or.,,
any of them, and they are jointly and severally bound.
3.20 Termination
This Agreement may be terminated at any time upon thirty ,Y
(30) days written notice delivered by any party to the other'
provided however, that this Agreement shall . continue
thereafter for such period as may be necessary for -the'
settlement of all outstanding transactions •and .•for . the
complete divestiture of all cash <secunttes :='.and, other
instruments held hereunder by First Interstate, but solely to
the extent necessary to effect such complete divestiture.
First Interstate, immediately upon the receipt of notice of
termination, shall commence and prosecute diligently to
completion. the transfer of allcash and thedelivery of all.
securities and other Instruments duly endorsed, as directed.
by the =Customer., First Interstate reserves the right t
'assess First Interstate,'s fee schedule then in effect to any
activity involved in the formal termination of this
Agreement.
IN' THEEVENT.':,OF ANY ADVERSE CHANGE IN THE
CUSTOMER'S FINANCIAL CONDITION WHICH, IN THE
JUDGMENT OF FIRST INTERSTATE, MATERIALLY
IMPAIRS THE CUSTOMER'S CREDIT WORTHINESS,
FIRST '-,INTERSTATE RESERVES THE RIGHT TO
MMEDIATELYTERMINATE:„THIS AGREEMENT_.
Acceptance of the terms and conditions 'spec tfied herein shall be accomplishedby the Customer completing the Customer
Information and Signature Card, and by the Customer and First Interstate executing the signature portions of both this
Agreement and the Customer Information and Signature Card.,- -
Please enter the names and signatures of all individuals authorized to provide First Interstate with instructions in accordance
with the terms and conditions contained in this Agreement. First Interstate is authorized to act upon the instruction of
(choose one of the following:)
any one of the following actin
X
any two or more of the following acting together.
City of San Jacinto
Customcr(s): Kenneth Leahy Treasurer f 4
Pamela S. Easter, City Manager_ /
Anna A Naga' Finance" Di rector
Nancy Randolph,,. Executive Assistant
Francis A_ Rrtvkin; Mayor
2. First - --
Interstate Bank- Ci nay Densmore
Name
Return completed forms to:
First Interstate Bank. 707 Wilshire Blvd., W8-I8;'-Attn_: N
Signature
Date
os Angeles, CA 900I7
LAD 1095 3/30 Pagc 7
First
Interstate
Bank Ltd.
FIRST INTERSTATE BANK, LTD.
707 WILSHIRE BLVD., W6-6
LOS ANGELES, CA 90017
MASTER REPURCHASE AGREEMENT
Dated as of March 5 1991
Between:
FIRST INTERSTATE BANK, LTD.
and
CIU OF SAN SACINTO
Customer #
1. Applicability
From time to time the parties hereto may enter into transactions in which one party ("Seller") agrees to
transfer to the other ("Buyer") securities or financial instruments ("Securities") against the transfer of funds
by Buyer, with a simultaneous agreement by Buyer to transfer to Seller such Securities at a date certain or on
demand, against the transfer of funds by Seller. Each such transaction shall be referred to herein as a 'Transaction"
and shall be governed by this Agreement, including any supplemental terms or conditions contained in Annex
I hereto, unless otherwise agreed in writing.
2. Definitions
(a) "Act of Insolvency", with respect to any party, (i) the commencement by such party as debtor of any
case or proceeding under any bankruptcy, insolvency, reorganization, liquidation, dissolution or similar law, or
such party seeking the appointment of a receiver, trustee, custodian or similar official for such party or any
substantial part of its property, or (ii) the commencement of any such case or proceeding against such party,
or another- seeking such an appointment, or the filing against a party of an application for a protective decree
under the provisions of the Securities Investor Protection Act of 1970, which (A) is consented to or not timely
contested by such party, (B) results in the entry of an order for relief, such an appointment, the issuance of
such a protective decree or the entry of an order having a similar effect, or (C) is not dismissed within 15 days,
(iii) the making by a party of a general assignment for the benefit of creditors, or (iv) the admission in writing
by a party of such party's inability to pay such party's debts as they become due;
(b) "Additional Purchased Securities", Securities provided by Seller to Buyer pursuant to Paragraph 4(a)
hereof;
(c) "Buyer's Margin Amount", with respect to any Transaction as of any date, the amount obtained by
application of a percentage (which may be equal to the percentage that is agreed to as the Seller's Margin
Amount under subparagraph (q) of this Paragraph), agreed to by Buyer and Seller prior to entering into the
Transaction, to the Repurchase Price for such Transaction as cf such date;
(d) "Confirmation", the meaning specified in Paragraph 3(b) hereof;
(e) "Income", with respect to any Security at any time, any principal thereof then payable and all interest,
dividends or other distributions thereon;
(f) "Margin Deficit", the meaning specified in Paragraph 4(a) hereof;
(g) "Margin Excess", the meaning specified in Paragraph 4(b) hereof;
(h) "Market Value", with respect to any Securities as of any date, the price for such Securities on such
date obtained from a generally recognized source agreed to by the parties or the most recent closing bid
quotation from such a source, plus accrued Income to the extent not included therein (other than any Income
credited or transferred to, or applied to the obligations of, Seller pursuant to Paragraph 5 hereof) as of such
date (unless contrary to market practice for such Securities);
(i) "Price Differential", with respect to any Transaction hereunder as of any date, the aggregate amount
obtained by daily application of the Pricing Rate for such Transaction to the Purchase Price for such Transaction
on a 360 day per year basis for the actual number of days during the period commencing on (and including)
the Purchase Date for such Transaction and ending on (but excluding) the date of determination (reduced by
any amount of such Price Differential previously paid by Seller to Buyer with respect to such Transaction);
8/87
(j) "Pricing Rate", the per annum percentage rate for determination of the Price Differential;
(k) "Prime Rate", the prime rate of U.S. money center commercial banks as published in The Wall Street
Journal;
(I) "Purchase Date", the date on which Purchased Securities are transferred by Seller to Buyer
(m) "Purchase Price", (i) on the Purchase Date, the price at which Purchased Securities are transferred
by Seller to Buyer, and (ii) thereafter, such price increased by the amount of any cash transferred by Buyer to
Seller pursuant to Paragraph 4(b) hereof and decreased by the amount of any cash transferred by Seller to
Buyer pursuant to Paragraph 4(a) hereof or applied to reduce Seller's obligations under clause (ii) of Paragraph
5 hereof;
(n) "Purchased Securities", the Securities transferred by Seller to Buyer in a Transaction hereunder, and
any Securities substituted therefor in accordance with Paragraph 9 hereof. The term "Purchased Securities"
with respect to any Transaction at any time also shall include Additional Purchased Securities delivered pursuant
to Paragraph 4(a) and shall exclude Securities retumed pursuant to Paragraph 4(b);
(o) "Repurchase Date", the date on which Seller is to repurchase the Purchased Securities from Buyer,
including any date determined by application of the provisions of Paragraphs 3(c) or 11 hereof;
(p) "Repurchase Price", the price at which Purchased Securities are to be transferred from Buyer to Seller
upon termination of a Transaction, which will be determined in each case (including Transactions terminable
upon demand) as the sum of the Purchase Price and the Price Differential as of the date of such determination,
increased by any amount determined by the application of the provisions of Paragraph 11 hereof;
(q) "Seller's Margin Amount", with respect to any Transaction as of any date, the amount obtained by
application of a percentage (which may be equal to the percentage that is agreed to as the Buyer's Margin
Amount under subparagraph (c) of this Paragraph), agreed to by Buyer and Seller prior to entering into the
Transaction, to the.Repurchase Price for such Transaction as of such date.
3. Initiation; Confirmation; Termination
• (a) An agreement to enter into a Transaction. may be_made orally or in writing at the initiation of either
Buyer or Seller. On the Purchase Date for the Transaction, the Purchased Securities shall be transferred to
Buyer or its agent against the transfer of the Purchase Price to an account of_Seller,
(b) Upon agreeing to enter into a Transaction hereunder, Buyer or Seller (or both), as shall be agreed,
shall promptly deliver to the other party a written confirmation of each Transaction (a "Confirmation"). The
Confirmation shall describe the Purchased Securities (including CUSIP number, if any), identify Buyer and
Seller and set forth (i) the Purchase Date, (ii) the Purchase Price, (iii) the Repurchase Date, unless the
Transaction is to be terminable on demand, (iv) the Pricing Rate or Repurchase Price applicable to the
Transaction, and (v) any additional terms or conditions of the Transaction not inconsistent with this Agreement.
The Confirmation, together with this Agreement, shall constitute conclusive evidence of the terms agreed
between Buyer and Seller with respect to the Transaction to which the Confirmation relates, unless with respect
to the Confirmation specific objection is made promptly after receipt thereof. In the event of any conflict between
the terms of such Confirmation and this Agreement, this Agreement shall prevail.
(c) In the case of Transactions terminable upon demand, such demand shall be made by Buyer or Seller,
no later than such time as is customary in accordance with market practice, by telephone or otherwise on or
prior to the business day on which such termination will be effective. On the date specified in such demand,
or on the date fixed for termination in the case of Transactions having a fixed term, termination of the Transaction
will be effected by transfer to Seller or its agent of the Purchased Securities and any Income in respect thereof
received by Buyer (and not previously credited or transferred to, or applied to the obligations of, Seller pursuant
to Paragraph 5 hereof) against the transfer of the Repurchase Price to an account of Buyer.
4. Margin Maintenance
(a) If at any time the aggregate Market Value of all Purchased Securities subject to al! Transactions in
which a particular party hereto is acting as Buyer is less than the aggregate Buyer's Margin Amount for all
such Transactions (a "Margin Deficit"), then Buyer may by notice to Seller require Seller in such Transactions,
at Seller's option, to transfer to Buyer cash or additional Securities reasonably acceptable
to Buyer ("Additional Purchased Securities"), so that the cash and aggregate Market Value of the Purchased
Securities, including any such Additional Purchased Securities, will thereupon equal or exceed such aggregate
Buyer's Margin Amount (decreased by the amount of any Margin Deficit as of such date arising from any
Transactions in which such Buyer is acting as Seller).
(b) If at any time the aggregate Market Value of all Purchased Securities subject to all Transactions in
which a particular party hereto is acting as Seller exceeds the aggregate Seller's Margin Amount for all such
Transactions at such time (a "Margin Excess"), then Seller may by notice to Buyer require Buyer in such
Transactions, at Buyer's option, to transfer cash or Purchased Securities to Seller, so that the aggregate Market
Value of the Purchased Securities, after deduction of any such cash or any Purchased Securities so transferred,
will thereupon not exceed such aggregate Seller's Margin Amount (increased by the amount of any Margin
Excess as of such date arising from any Transactions in which such Seller is acting as Buyer).
(c) Any cash transferred pursuant to this Paragraph shall be attributed to such Transactions as shall be
agreed upon by Buyer and Seller.
(d) Seller and Buyer may agree, with respect to any or all Transactions hereunder, that the respective
rights of Buyer or Seiler (or both) under subparagraphs (a) and (b) of this Paragraph may be exercised only
where a Margin Deficit or Margin Excess exceeds a specified dollar amount or a specified percentage of the
Repurchase Prices for such Transactions (which amount or percentage shall be agreed to by Buyer and Seller
prior to entering into any such Transactions).
(e) Seller and Buyer may agree, with respect to any or all Transactions hereunder, that the respective
rights of Buyer and Seller under subparagraphs (a) and (b) of this Paragraph to require the elimination of a
Margin Deficit or a Margin Excess, as the case may be, may be exercised whenever such a Margin Deficit or
Margin Excess exists with respect to any single Transaction hereunder (calculated without regard to any other
Transaction outstanding under this Agreement).
5. Income Payments
Where a particular Transaction's term extends over an Income payment date on the Securities subject to
that Transaction, Buyer shall, as the parties may agree with respect to such Transaction (or, in the absence of
any agreement, as Buyer shall reasonably determine in its discretion), on the date such Income is payable
either (i) transfer to or credit to the account of Seller an amount equal to such Income payment or payments
with respect to any Purchased Securities subject to such Transaction or (ii) apply the Income payment or
payments to reduce the amount to be transferred to Buyer by Seller upon termination of the Transaction. Buyer
shall not be obligated to take any action pursuant to the preceding sentence to the extent that such action
would result in the creation of a Margin Deficit, unless prior thereto or simultaneously therewith Seller transfers
to Buyer cash or Additional Purchased Securities sufficient to eliminate such Margin Deficit.
6. Security Interest
Although the parties intend that all Transactions hereunder be sales and purchases and not loans, in the
event any such Transactions are deemed to be loans, Seller shall be deemed to have pledged to Buyer as
security for the performance by Seller of its obligations under each such Transaction, and shall be deemed to
have granted to Buyer a security interest in, all of the Purchased Securities with respect to all Transactions
hereunder and all proceeds thereof.
7. Payment and Transfer
Unless otherwise mutually agreed, all transfers of funds hereunder shall be in immediately available funds.
All Securities transferred by one party hereto to the other party (i) shall be in suitable form for transfer or shall
be accompanied by duly executed instruments of transfer or assignment in blank and such other documentation
as the party receiving possession may reasonably request, (ii) shall be transferred on the book -entry system
of a Federal Reserve Bank, or (iii) shall be transferred by any other method mutually acceptable to Seller and
Buyer. As used herein with respect to Securities, "transfer" is intended to have the same meaning as when
used in Section 8-313 of the New York Uniform Commercial Code or, where applicable, in any federal regulation
governing transfers of the Securities.
8. Segregation of Purchased Securities
To the extent required by applicable law. all Purchased Securities in the possession of Seller shall be
se ;gated from other securities in ifs possession and shall be identified as subject to this Agreement. Segregation
may be accomplished by appropriate identification on the books and records of the holder, including a financial
intermediary or a clearing corporation. Title to all Purchased Securities shall pass to Buyer and, unless otherwise
agreed by Buyer and Seller, nothing in this Agreement shall preclude Buyer from engaging in repurchase
transactions with the Purchased Securities or otherwise pledging or hypothecating the Purchased Securities,
but no such transaction shall relieve Buyer of its obligations to transfer Purchased Securities to Seller pursuant
to Paragraphs 3, 4 or 11 hereof, or of Buyer's obligation to credit or pay Income to, or apply Income to the
obligations of, Seller pursuant to Paragraph 5 hereof.
Required Disclosure for Transactions in Which the Seller Retains Custody
of the Purchased Securities
Seller is not permitted to substitute other securities for those subject to this Agreement and
therefore must keep Buyer's securities segregated at all times, unless in this Agreement Buyer
grants Seller the right to substitute other securities. If Buyer grants the right to substitute, this means
that Buyer's securities will likely be commingled with Sellers own securities during the trading day.
Buyer is advised that, during any trading day that Buyer's securities are commingled with Seller's
securities, they [will]' [may]" be subject to liens granted by Seller to [its clearing bank]' [third
partiesj" and may be used by Seller for deliveries on other securities transactions. Whenever the
securities are commingled, Seller's ability to resegregate substitute securities for Buyer will be
subject to Seller's ability to satisfy [the clearing]` [any]" lien or to obtain substitute securities.
'Language to be used under 17 C.F.R. §403.4(e) if Seller is a government securities broker or dealer other than a financial institution.
"Language to be used under 17 C.F.R. §403.5(d) if Seller is a financial institution.
3
Q. Substitution '
(u) Seller may, subject to agreement with and acceptance by Buyer, substitute other Securities for any
Purchased Securities. Such substitution shall be made bytransfer 10 Buyer of such other Securities and
!ransfnrto Seller of such Purchased Securities. After substitution, the substituted Securities shall be deemed
to be Purchased Securities.
(b) In Transactions in which the Seller retains custody of Purchased Securities, the parties expressly
agree that Buyer shall be deemed, for purposes of subparagraph (a) of this Paragraph, to have agreed to and
accepted in this Agreement substitution by Seller ofother Securities for Purchased Securities; provided,
however, that such other Securities shall have a Market Value at least equal to the Market Value of the
Purchased Securities for which they are substituted.
10. Representations
Each of Buyer and Seller represents and warrants tothe other that (i) it is duly authorized to execute and
deliver this Agreement. to enter into the Transactions contemplated hereunder and to perform its obligations
hereunder and has taken all necessary action to authorize such execution, delivery and performance, (ii) it
will engage in such Transactions an principal (or, if agreed in writing in advance ofany Transaction bythe other
party hereto, an agent for a disclosed principal), (iii) the person signing this Agreement on its behalf is duly
authorized to do so on its behalf (or on behalf of any such disclosed principal), (iv) it has obtained all authorizations
of any governmental body required in connection with this Agreement and the Transactions hereunder and
such authorizations are in full hnnne and effect and (v) the ex*cu0on, delivery and performance ofthis Agreement
and the Transactions hereunder will not violate any |av« ordinanoe, charter, by-law orrule applicable to it or
any agreement by which it in bound or by which any of its assets are affected. On the Purchase Date for any
Transaction Buyer and Seller shall each be deemed to repeat all the foregoing representations made by it.
11. Events of Default
In the event that (i) Seller fails to repurchase or Buyer fails to transfer Purchased Securities upon the
applicable Repurchase Date, (ii) Seller or Buyer fails, after one business day's notice, to comply with Paragraph
4 hereof, (iii) Buyer fails to comply with Paragraph 5 hereof, (iv) an Act of Insolvency occurs with respect to
Seller orBuyer, (v) any representation made by Seller orBuyer nhu|( have been incorrect or untrue in any
material respect when made or repeated or deemed to have been made or repeated, or (vi) Seller or Buyer
shall admit to the other iis inability to, or its intention not to, perform any of its obligations hereunder (each an
"Event ofDefauk^):
(a)At the option of the nondefaulting party, exercised by written notice to the defaulting party (which option
shall be deemed to have been exorcined, even if no notice ingiven, immediately upon the occurrence of an
Act of|nno|venoy). the Repurchase Date for each Transaction hereunder shall badeemed immediately Un
occur.
(b)Inall Transactions inwhich the defaulting party inacting anSeller, ifthe nondofau|hngparty exercises
or is deemed to have exercised the option referred to in subparagraph (a) of this Paragraph, (i) the defaulting
padytob|igaAionn hereunder to repurchase all Purchased Securities in such Transactions shall thereupon
become immediately due and payable, (ii) to the extent permitted by applicable |avx the Repurchase Phoo
with respect to each such Transaction shall be increased by the aggregate amount obtained by daily applicailion
o/ (x) the greater of the Pricing Rate for such Transaction or the Prime Rate to (y) the Repurchase Price for
such Transaction ano/the Repurchase Dade an determined pursuant tosubparagraph (a) of this Paragraph
(decreased an of any day by (A) any amounts retained by the nondofau|dng party with respect to such
Repurchase Price pursuant to clause (iii) of this subparagraph, (B) any proceeds from the sale o/Purchased
Securities pursuant to subparagraph (d)(i) of this Paragraph, and (C) any amounts credited 1othe account of
the defaulting party pursuant to subparagraph (e) of this Paragraph) on a 360 day per year basis for the actual
number ofdays during the period from and including the date of the Event ofDefault giving rise 0msuch option
to but excluding the date of payment of the Repurchase Price as so increased, (iii) all Income paid after such
exercise or deemed exercise shall be retained by the nondefaulting party and applied to the aggregate unpaid
Repurchase Prices owed by the defaulting party, and (iv) the defaulting party shall immediately deliver to the
nondefauNngparty any Purchased Securities subject tosuch Transactions then inthe defaulting partytpossession.
(o) In all Transactions in which the defaulting party in acting as Buyer, upon tender by the nondefau|hng
party of payment of the aggregate Repurchase Prices for all such liannactionn, the defaulting pady'n hght,
title and interest inall Purchased Securities subject tosuch Transactions shall bedeemed transferred tothe
nondefaulting party, and the defaulting party shall deliver all such Purchased Securities to the nondefaulting
party.
(d) After one business day'nnohce to the defaulting party (which notice need not begiven if an Act of
Insolvency shall have ocourred, and which may be the notice given under subparagraph (a) of this Paragraph
or the notice referred to in clause (ii) ofthe first sentence of this Paragraph), the nondefauhing party may:
(i) as to Transactions in which the defaulting party in acting as Seller, (A) immediately sell, in a
recognized market at such price or prices as the nondefaulting party may reasonably deem satisfactory,
any or all Purchased Securities subject to such Transactions and apply the proceeds thereof to the
aggregate unpaid Repurchase Prices and any other amounts owing bythe defaulting party hereunder
4
or (B) in its sole discretion e. , in lieu of selling all or a portion of such PL ised Securities, to give the
defaulting party credit for such Purchased Securities in an amount equal to the price therefor on such
date, obtained from a generally recognized source or the most recent closing bid quotation from such a
source, against the aggregate unpaid Repurchase Prices and any other amounts owing by the defaulting
party hereunder; and
(ii) as to Transactions in which the defaulting party is acting as Buyer, (A) purchase securities
("Replacement Securities") of the same class and amount as any Purchased Securities that are not
delivered by the defaulting party to the nondefaulting party as required hereunder or (B) in its sole
discretion elect, in lieu of purchasing Replacement Securities, to be deemed to have purchased Replacement
Securities at the price therefor on such date, obtained from a generally recognized source or the most
recent closing bid quotation from such a source.
(e) As to Transactions in which the defaulting party is acting as Buyer, the defaulting party shall be liable
to the nondefaulting party (i) with respect to Purchased Securities (other than Additional Purchased Securities),
for any excess of the price paid (or deemed paid) by the nondefaulting party for Replacement Securities
therefor over the Repurchase Price for such Purchased Securities and (ii) with respect to Additional Purchased
Securities, for the price paid (or deemed paid) by the nondefaulting party for the Replacement Securities
therefor. In addition, the defaulting party shall be liable to the nondefaulting party for interest on such remaining
liability with respect to each such purchase (or deemed purchase) of Replacement Securities from the date
of such purchase. (or deemed purchase) until paid in full by Buyer. Such interest shall be at a rate equal to the
greater of the Pricing Rate for such Transaction or the Prime Rate.
(f) For purposes of this Paragraph 11, the Repurchase Price for each Transaction hereunder in respect
of which the defaulting party is acting as Buyer shall not increase above the amount of such Repurchase Price
for such Transaction determined as of the date of the exercise or deemed exercise by the nondefaulting party
of its option under subparagraph (a) of this Paragraph.
(g) The defaulting party shall be liable to the nondefaulting party for the amount of all reasonable legal or
other expenses incurred by the nondefaulting party in connection with or as a consequence of an Event of
Default, together with interest thereon at a rate equal to the greater of the Pricing Rate for the relevant
Transaction or the Prime Rate.
(h) The nondefaulting party shall have, in addition to its rights hereunder, any rights otherwise available
to it under any other agreement or applicable law.
12. Single Agreement
Buyer and Seller acknowledge that, and have entered hereinto and will enter into each Transaction
hereunder in consideration of and in reliance upon the fact that, all Transactions hereunder constitute a single
business and contractual relationship and have been made in consideration of each other. Accordingly, each
of Buyer and Seller agrees (i) to perform all of its obligations in respect of each Transaction hereunder, and
that a default in the performance of any such obligations shall constitute a default by it in respect of all
Transactions hereunder, (ii) that each of them shall be entitled to set off claims and apply property held by
them in respect of any Transaction against obligations owing to them in respect of any other Transactions
hereunder and (iii) that payments; deliveries and other transfers made by either of them in respect of any
Transaction shall be deemed to have been made in consideration of payments, deliveries and other transfers
in respect of any other Transactions hereunder, and the obligations to make any such payments, deliveries
and other transfers may be applied against each other and netted.
13. Notices and Other Communications
Unless another address is specified in writing by the respective party to whom any notice or other com-
munication is to be given hereunder, all such notices or communications shall be in writing or confirmed in
writing and delivered at the respective addresses set forth in Annex II attached hereto.
14. Entire Agreement; Severability
This Agreement shall supersede any existing agreements between the parties containing general terms
and conditions for repurchase transactions. Each provision and agreement herein shall be treated as separate
and independent from any other provision or agreement herein and shall be enforceable notwithstanding the
unenforceability of any such other provision or agreement.
15. Non -assignability; Termination
The rights and obligations of the parties under this Agreement and under any Transaction shall not be
assigned by either party without the prior written consent of the other party. Subject to the foregoing, this
Agreement and any Transactions shall be binding upon and shall inure to the benefit of the parties and their
respective successors and assigns. This Agreement may be cancelled by either party upon giving written
notice to the other, except that this Agreement shall, notwithstanding such notice, remain applicable to any
Transactions then outstanding.
5
1G� Governing Law
- This Agreement shal/be governed
— bvthe laws of the State ofNew York without givingeffect to the conflict
oflaw principles thereof.
17. No Waivers, Etc'
No express or implied waiver of any Event of Default by either party shall constitute a waiver of any other
Event of Default and no exercise of any remedy hereunder by any party shall constitute a waiver of its right
to exercise any other remedy hereunder. No modification or waiver of any provision of this Agreement and no
consent by any party to a departure herefrom shall be effective unless and until such shall be in writing and
duly executed by both of the parties hereto. Without limitation on any ofthe foregoing, the failure to give a
notice pursuant to subparagraphs 4(a) or 4(b) hereof will not constitute a waiver of any right to do so at a later
date.
18. Use of Employee Plan Assets
(a) If assets ofmnemployee benefit plan subject toany provision of the Employee Retirement Income
Security Act of1Q74(^ER|SA1are intended kzbeused byeither party hereto (the "Plan Padv)inmTransaction,
the Plan Party shall so notify the other party prior to the Transaction. The Plan Party shall represent in writing
tothe other party that the Transaction does not constitute a prohibited transaction under ERISA or is otherwise
exempt therefrom, and the other party may proceed in reliance thereon but shall not be required so to proceed.
(b)Subiect to the last sentence of subparagraph (a) of this Paragraph, any such Transaction shall proceed
,only ifSeller furnishes or has furnished to Buyer its most recent mvmUmb}e audited statement of its financial
condition and its most recent subsequent unaudited statement of its finan6lal condition.
(c) By entering into aTranaaction pursuant tothis Pmmagnaph. Seller ahmU be deemed (i) to represent to
Buyer that since the date of Seller's |o1eet such financial atmtementa, there has been no material adverse
change in Seller's financial condition which Seller has not disclosed to Buyer, and (4) to agree to provide Buyer
with future audited and unaudited statements ofits financial condition as they are issued, so long as it in m
Seller in any outstanding Transaction involving m Plan Pmdy.
19. Intent
(a) The parties recognize that each Transaction is a "repurchase agreement" as that term is defined in
Section 101ofTitle 11ofthe United States Code, mnamended (except insofar mothe type ofSecurities subject
to such Transaction or the term of such Transaction would render such definition inapplicable), and a "securities
contract" mnthat term )adefined inSection 741ofTitle 11ofthe United States Code, mnamended.
(b) It is understood that either party's right to liquidate Securities delivered to it in connection with Transactions
hereunder ortoexercise any other remedies pursuant toParagraph 11 hereof, inmcontractual right toliquidate
such Transaction as described in Sections 555 and 559 of Title 11 of the United States Cxde, as amended.
20. Disclosure Relating toCertain Federal Protections
The parties acknowledge that they have been advised that:
(a) i: the case of Transactions in which, one of the parties is a bnok.r or dealer registered with the
Transactions
Securiti3s and Exchange Commission ("SEC") under Section 15 of the Securities Excnange Act of 1934
(1934 Act''). the Securities Investor Protection Corporation has taken the position that the provisions of
the Securities Investor Protection Act of1Q70(''S/RA')donot protect the other party with respect boany
Transaction hereunder;
(b) /n the case ofTransactions in which one of the parties in mgovernment securities broker orm
government securities dealer registered with the SEC under Section 15C of the 1934Act. S|RAwiU not
provide protection to the other party with respect to any Transaction hereunder; and
(o) inthe case ofTransactions inwhich one of the parties ismfinancial institution, funds held bythe
financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured
by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation or
the National Credit Union Share Insurance Fund, mnapplicable.
[Name of Party]
[Name ofParty] FIRST INTERSTATE oAmo. LTD.
By
Title Title
Date Date
6
ANNEX II
Names and Addresses for Communications Between Parties
FIRST INTERSTATE BANK, LTD.
707 WILSHIRE BLVD., W8-6
LOS ANGELES, CA 90017
Attention: Compliance Department
(213) 614-2712
8
°
FUND
woo DESCRIPTION
i0
i4
i8
i9
to
21
22
13
24
25
0
27
!8
19
51
i2
;5
�6
�7
@ �9
�0
1
2
3
7
0
5
6
5
J.
2
4
6
7
9
CITY OF GAN JACINTO
FI=WCIAL REPORT OF ACTIVITY
FOR T�E PERIOD ENDING 2/28/91
GENERAL FUND
SEWER MAINTENANCE & DEVELOPMENT
WORKMANS COMPENSATION INSURANCE
UNEMPLOYMENT INSURANCE FUND
LIABILITY INSURANCE FUND
GAS TAX FUND
MEASURE A - GAS TAX FUND
LOCAL TRANSPORATION FUND ART, 8
TRAFFIC SAFETY FUND
LIGHTING MAINTENANCE FUND
INDUSTRIAL DEVELOPMENT AUTHORITY
INTEREST FUND
PARK DEVELOPMENT FUND
HCD - HUD FUND
SWIMMING POOL FUND
PARKWAY DEVELOPMENT FUND
COMMUNITY FACILITIES DISlRICT 01
COMMUNITY FACILITIES DISTRICT 02
COMMUNITY FACILITIES DISTRICT O3
UNDERGROUND UTILITY
FLOOD CONTROL
CAPITAL IMPROVEMENT FUND
TRAFFIC SIGNALIZATION
ASSESSMENT DIST,
DEBT SERVICE -COMMUNITY FACILIT
WATER SURCHARGE FUND
WATER CAPITAL IMPRDVEMENl FintD
WATER FUND
TRUST ACCOUNT FUND
ASSETS FORFEITURE/EVIDENCE MDWIES
PAYROLL FUND
SOBOBA PROJECT FUND
SOBOBA DEBT SERVICE
LOW -MOD INCOME HOUSING SGBO�A
REDEVELOPMENT PROJECT FUND
REDEVELOPMENT DEBT SERVICE FUND
LOW -MOD INCOME HOUSING S^J, PRGJECT
RESPECTFULLY SUBMITTED,
,AMELA S^ EASTER
CITY MANAGER
FNP
�
REVENUES
TO DATE
2,548,672
110,375
30,274
131,310
143,458
48,060
54,103
109,149
363,318
70,402
10,172
86,550
56,458
1,8849061
17,257
729,206
22,883
56,105
14,956
24,048
47,511
582,337
1,127,795
89,1O9
85,615
10
656,633
173
91100,001
EXPENDITURES
TO DATE
2,897'872
124,365
37,985
2'772
33,059
51,935
107,372
13,319
52,370
93,304
9,283
21'763
144,570
16+868
18,2OO
1,851
1,998,O96
53
38,117
59,579
135,057
108,373
11,675
-117,447
1,048
90,416
513,477
CASH
BALANCE
167,546CR
194,533
281,212
2,772CR
596,941
377'92O
169,220
34,741
28,770
200,076
1,255
363'318
258'515
90,183CR
4,593CR
301,830
71,343
5,719,378
17,20.4
64,020
1010,291
5O,579
382,479
8,145
2,217,681
264,412
93,715
536,591
664,664
57,109
62,011
4O8+291
21,O26
33,658
7,860,343
570.833
321,318
89095,111 23,778'331
L
=s^G
CITY OF' S;\N! JACINTO
REVENUE REPORT
PERI�D ENDING 2/28/91
PAGE
ACCOUNT ESTIMATED TO -DATE
NUMBER DESCRIPTION REVENUE REVENUE %
GENERAL FUND
10-0110 TAXES CURRENT YEAR SECURED 500,000 285003 57
10-0111 TAXES CURRENT YEAR UNSECURED 20,000 22,099 110
10-0115 TAXES PRIOR YEARS 30,000 419209 137
10-0117 PENALTIES
10-0120 SALES AND USE TAXES 920,000 547,825 60
10-0130 TRANSIENT OCCUPANCY TAX 8,000 7,272 91
10-0141 SOUTHERN CALIF GAS FRANCHISE 50'00O 363 1
10-0142 SOUTHERN CALIF EDISON FRANCHISI�.: 35,000 603 2
10-0143 CABLE TELEVISION FRANCHI9E 48,000 52,472 109
10-0144 REFUSE FRANCHISE 140,000 103,459 74
10-0145 WATER FRANCHISE 46,000 29,372 64
10-0160 BUSINESS LICENSE 114,000 98,462 86
10-0165 PROPERTY TRANSFER TAX 70,000 35,582 51
10-0210 ANIMAL LICENSES 3,00O 11988 66
10-0212 BICYCLE LICENSES 114
10-0220 GRADING 10,00O 3,467 35
10-0221 BUILDING PERMITS 425,000 236,717 56
1O-0222 PLUMBING PERMITS 70,000 34,704 0''ll
10-0233 ELECTRICAL PERMITS 75,000 37,813 50
10-0235 MECHANICAL PERMITS 32,000 18,489 58
STREET & CURB PERMITS 130,000 65,778 51
10-0237 31000
10-0240 PRE -INSPECTION 500 355 71
10-0250 OTHER LICENSES & PERMITS 7,000 4,166 60
10-0320 OTHER CODE FINES 100000 11761 18
10-0330 FORFEITS AND PENALTIES LITTER
10-0410 INVESTMENT EARNINGS 100,000
10-0411 INTEREST FROM RDA LOANS
10-0412 INTEREST -FISCAL AGENT
10-0440 LADOR^ RENTAL, EQUIP. ETC, 2,00� 342 17
10-0501 SUPPLEMENTAL PROPERTY TAX AB-2345 35,000 4,228 12
10-0505 STATE VEHICLE IN LIEU 525,000 367,105 70
10-0509 VEHICLE OFF ROAD 270 254 94
10-0510 HOMEOWMER°S TAX RELIEF 101OOO 81510 85
10-0511 LICENSE VERIFICATION 30^000 174110 57
10-0513 TRAILER COACH IN -LIEU 32,500 19,88O 61
10-0515 CIGARETTE TAXES 24'400 160469 67
10-0529 P^O.S,T~ 16,000 19,996 125
10-0530 SPECIAL SUPPL^ STATE SUBVENTIO�
10-0567 LEASE -RENTAL CITY PROPERTY 23,000 22,000 96
10-0568 LEASE/RENT 2,000
10-0590 CETA GRANTS 30
10-0595 HIGHWAY CARRIERS IN -LIEU 11,678
10-0601 ZONING FEES 35,000 15002 45
10-0602 ANNEXATION FEE 6000 2,560 38
10-0604 GENERAL PLAN FEES 3,000 1,661 55
10-0605 SUBDIVISION FEES 55,000 36077 67
10-0610 MAPS, PUBLICATIONS, ETC, 2,500 1'820 73
10-0615 SPECIAL POLICING 3,00O 3,626 121
10-0620 FIRE SPRINKLERS PERMITS & INSPCT^ 234
ACCOUNT
NUMBER
GENERAL
1O-O625
10-063O
1O-0635
1O-O64O
1O-O645
l0-O646
1O-0647
1O-065O
1O-066O
1O-0675
1O-O676
10-O7O1
10-O720
1O-O745
10-O780
1O-O790
1O-0791
10-0795
1O-0999
CITY OF SAN JACINTO
F&VENUE REPORT
Plxiuo L:UING 2/28/91
DESCRIPTION
FUND
SPECIAL FIRE
PLAN CHECKING FEES
PLAN STORAGE FEES
PLAN CHECKING ENGINEERINB
ENGINEERING FEES
TRAFFIC ENGINEERING
FLOOD CONTROL ENGINEERING
STREET AND SIDEWALK REPAIR
WEED AND LOT CLEANING FEES
SENIOR CITIZENS
SENIOR CITIZENS DONATIONS
SALE OF PROPERTY
SEWER PERMITS
CONTRIBUTIONS NON -GOVERNMENT
CERTIFICATE OF OCCUPANCf
OTHER REVENUE
MISC.
UTILITY COLLECTIONS
OVER & SHORT
FUND 10 TOTAL
SEWER MAINTENANCE & DEVELOPMENT
14-0410 INVESTMENT EARNIMGS
14-0411 INTEREST FROM RDA LOANT,
14-0720 SEWER PERMITS
14-0730 SEWER MAINTENANCE FEES
14-0790 OTHER REVENUE
14-0890 DONATED ASSETS
FUND 14 TOTAL
WORKMANS COMi ::1ENS(-.1 ION INSURANCE FND
18-080O WORKMAN'S COMPENSATION
18-08O5 DIVIDENDS
FUND 18 TOTAL
UNEMPLOYMENT INSURANCE FUND
19-0810 UNEMPLOYMENT
FUND 19 TOTAL
LIABILITY INSURANCE FUND
20-0790 OTHER REVENUE
20-0830 LIABILITY INS^
FUND 20 TOTAL
GAS TAX FUND
21-0410 INVESTMENT EARNINGS
21-0506 GAS TAX 2106
21-0507 GAS TAX 2107
21-0508 GAS TAX 2107^5
21-0509 VEHICLE OFF ROAD
ESTIMATED
REVENUE
10'0OO
2751000
10,O00
250,000
50'O00
5,000
5,000
1O+O00
20,000
6,O0O
2000
14,000
20,000
1+OOO
2,000
9,0OO
1,000
4,341,970
35,000
110.000
145,000
76,800
135,000
31000
PAGE 2
TO -DATE
REVENUE
1,767
2O4,476
7,2O3
46,166
25~424
15,621
9,657
28,103
4,960
992
15,619
10,721
557
975
6,970
20
1O,52OCR
8 9 C R
2,548,672
34'663
74,816
897
110,375
30,274
48,074
67^680
4'O0O
5'094
%
18
74
72
18
51
312
97
141
83
50
112
54
56
49
77
2
59
63
50
133
�
`
ACCOUNT
NUMBER
DESCRIPTION
~ CITY OF CAN JACINTO
REVENUE KEpuRl
PERIOD ENDING 2/28/91
GAS TAX FUND
21-0516 GAS TAX 2105
FUND 21 TOTAL
MEASURE A - GAS TAX FUND
22-0410 INVESTMENT EARNINGS
22-0520 MEASURE A - GAS TAX REVENUE
FUND 22 TOTAL
LOCAL TRANSPORATION FUND ART. 8
23-0410 INVESTMENT EARNINGS
23-0550 ARTICLE 8 APPROPRIATION
FUND 23 TOTAL
TRAFFIC SAFETY FUND
24-0237 STREET & TRAFFIC SIGNS. PERMIT FEES
24-0310 VEHICLE CODE FINES
FUND 24 TOTAL
LIGHTING MAINTENANCE FUND
25-0110 TAXES CURRENT YEAR SECURED
25-0111 TAXES CURRENT YEAR UNSECURED
25-0115 TAXES PRIOR YEARS
25-0410 INVESTM[NT EARNINGS
25-0501 SUPPLEMENTAL PROPERTY TAX
25-0510 HOMEOWNER'S TAX RELIEF
25-0565 NON CON, AIR TAX
25-O655 LLMD ASSESSMENT
25-0791 MISC^
FUHD 25 TOTAL
INDUSTRIAL DEVELOPMENT AUTHORITY
26-0410 INVESTMENT EARNIN813*
26.... 0790 OTHER REVENUE
26-0991 BOND PROCEEDS
FUND 26 TOTAL
INTEREST FUND
27-0410 INVESTMENT EARNINGS
FUND 27 TOTAL
PARK DEVELOPMENT FUND
28-0670 PARK DEVELOPMENT
28-0680 STATE GRANTS
FUND 28 TOTAL
HCD - HUD FUND
29-0410 INVESTMENT EARNINGS
29-0592 HCD GRANTS
29-0791 MISCELLANEOUS REVENUE
FUND 29 TOTAL
PAGE 3
ESTIMATED TO -DATE
REVENUE REVENUE %
210800
156,000
156,000
165,000
165,000
1,0OO
100,000
101,000
6,461
131,310
143,458
143,458
48,060
48,060
7,875
46,228
54,103
17,795
1,637
2,8O5
4O3
546
160,000 85,964
30O,O0O
300,000
60.000
60,000
350,000
350,000
61
92
92
29
29
788
46
54
109,149 68
363,318
363,318
45,202
25,200
70,402
121
121
117
CITY OFT SAN JACINTO
REVENUE REPORT
PERIOD ENDING 2/28/91
PAGE
ACCOUNT ESTIMATED TO -DATE
NUMBER DESCRIPTION REVENUE REVENUE %
Al
SWIMMING POOL FUND
31-0110 TAXES CURRENT YEAR SECURED
31-0410 INVESTMENT EARNINGS
31-0720 ADMISSION FEES
31-0790 OTHER REVENUE 4,995
31-0791 CONCESSION INCOME
31-0794 POOL ADMISSIONS 13,000 3,640 28
31-0795 POOL LESSONS
31-0796 POOL CONCESSIONS 4,000 11538 38
31-0999 POOL SHORTAGES
FUND 31 TOTAL 17,000 10,172 60
PARKWAY DEVELOPMENT FUND
32-0673 PARKWAY DE«ELOPMENT 100,000 86,550 87
FUND 32 TOTAL 100,000 86,550 87
COMMUNITY FACILITIES DISTRICT 0.
35-0110 TAXES CURRENT YEAR SECURED 45,93O
35-0115 TAXES PRIOR YEARS 10,528
35-0410 INVESTMENT EARNINGS
35-0790 OTHER REVENUE
FUND 35 TOTAL
COMMUNITY FACILITIES DISTRICT
36-0110 TAXES CURRENT YEAR SECURED
36-0115 TAXES PRIOR YEAR.];
36-0410 INVESTMENT EARNINGG
36-0412 INTEREST FISCAL AGEMT
36-0790 OTHER REVENUE
FUND 36 TOTAL
473,468
1,410,593
0884,061
COMMUNITY FACILITIES DISTRICT �3
37-0110 TAXES CURRENT YEAR SECURED
37-0115 TAXES PRIOR YEARS
37-0410 INVESTMENT EARMINGS
37-0790 OTHER REVENUE 9'50O
FUND 37 TOTAL 17,257
UNDERGROUND UTILITY
38-0410 INVESTMENT EARNINGS
38-0880 UNDERGROUNDING FEE
FUND 38 TOTAL
FLOOD CONTROL
39-0410 INVESTMENT EARNINGS
39-0422 CAPITAL IMPROVEMENTS -STORM DRAINS
39-0825 FLOOD CONTROL IMPROVEMENT*
FUND 39 TOTAL
CAPITAL IMP�OVEMEN7 FUNB
40-0411 INTEREST FROM RDA LOANS
2,436CR
731,642
729,206
' ^ CITY OF SAN JACINTO
ACCOUNT
NUMBER
DESCRIPTION
REVENUE REPORT
PERIOD ENDING 2/28/91
CAPITAL IMPROVEMENT FUND
40-0420 CAPITAL IMPROVEMENTS - STRUCTURES
40-0421 CAPITAL IMPROVEMENTS - EQUIPTMENT
4O-0422
40-0423 SIGNALIZATION
40-0425 SPECIAL STORM DRAIN
40-0992 PROCEEDS FROM LEASE TRANSACTIONS
FUND 40 TOTAL
TRAFFIC SIGNALIZATION
41-0410 INVESTMENT EARNINGS
41-0423 SIGNALIZATION
41-0825 SIGNALIZATION IMPROVEMENT
FUND 41 TOTAL
ASSESSMENT BIST^
42-0110 TAXES CURRENT YEAR SECURED
42-0115 TAXES PRIOR YEARS
42-0410 INVESTMENT EARNINGS
42-0790 OTHER REVENUE
42-0791 MISC.
FUND 42 TOTAL
DEBT SERVICE -COMMUNITY FACILITIES 2
43-0110 lAXES CURRENT YEAR SECURED
43-0410 INVESTMENT EARNINGS
43-0412 INTEREST FISCAL AGENT
43-0991 PROCEEDS FROM LEASE TRANSACTIONS
FUND 43 TOTAL
WATER SURC|/ACGE FUND
45-O410 INVESTMENT EARNINGS
45-0710 SURCHARGE ASSESSMENT
FUND 45 TOTAL
WATER CAPI[AL IMPROVEMENT FUND
47-0410 INVESTMENT EARNINGS
47-0825 WATER CAPITAL IMPROVEMENT
FUND 47 TOTAL
WATER FUND
50-0410 INVESTMENT EARNINGS
50-0820 WATER DEPARTMENT REVENUES
50-0825 WATER CAPITAL IMPROVEMENT
50-0890 DONATED ASSETS
50-0910 WATER COLLECTIONS
50-0970 TURN DNS
FUND 50 TOTAL
TRUST ACCOUNT FUND
65-0865 MISCELLANEOUS
PAGE
ESTIMATED TO -DATE
REVENUE REVENUE
309000
509000
157,000
35,000
35+O0O
�::; ,ouo
22,000
72O,000
3,000
745,000
18,506
4/376
5
37
22,883 46
2O,175
35,930
56,105
14,954
2
24,048
249048
47,511
47,511
1O
10
69
69
136
136
38,605 175
542,462 75
1,300 43
582,367 78
356,045
ACCOUNT
NUMBER
DESCRIPTION
CITY OF SAN JACINTO
REVEHUL REPORT
PERIOD ENDING 2/28/91
TRUST ACCOUNT FUND
65-0866 ANNEXATION FEES
65-0867 CONSUMER DEPOSITS
65-0868 S M I P FEES
65-0869 REFUSE COLLECTIONS
65-0870 EMWD COLLECTIONG
65-0873 PERMIT TO OPERATE -STATE
FUND 65 TOTAL
ASSETS FORFEITURE/EVIDENCE MONIES
66-0410 INVESTMENT EARNINGS
66-0880 CITY'S ADJUDICATED MONIES
66-0887 UNADJUDICATED MONIES
66-0888 REIMBURSEMENT -CO. OF RIV^ & HEMET
FUND 66 TOTAL
SOBOBA PROJECT FUND
91-0405 TAX INCREMENT
91-0410 INVESTMENT EARNINGS
91-0790 OTHER REVENUE
91-0990 PROCEEDS FROM LOANS
FUND 91 TOTAL
SOBOBA DEBT SERVICE
92-O405
92-0410 INVESTMENT EARNINGS
FUND 92 TOTAL
LOW -MOD INCOME HOUSING SOBOBA
94-0405 TAX INCREMENT
94-0410 INVESTMENT EARNINGS
FUND 94 TOTAL
REDEVELOPMENT PROJECT FUND
96-0405 TAX INCREMENT
96-0410 INVESTMENT EARNIMGG
96-0412 INTEREST FISCAL AGENT
96-0610 MAPS~ PUBLICATIONS, ETC...
96-0790 PROCEEDS FROM LEASE TRANSACTIONS
96-0990 PROCEEDS FROM LOANS
96-0991 BOND PROCEEDS
FUND 96 TOTAL
REDEVELOPMENT DEBT SERVICE FUND
97-0405 TAX INCREMENT
97-0410 INVESTMENT EARNINGS
97-0412 INTEREST FISCAL AGENT
97-0991 PROCEEDS FROM LEASE TRANSACTIONS
FUND 97 TOTAL
LOW -MOD INCOME HOUSING S^J^ PROJECT
99-0405 TAX INCREMENT
ESTIMATED TO -DATE
REVENUE REVENUE
110,000
660,000
30.095
2,728
505,224
229,753
3,950
1,127,795
78/9O7
10,202
89,109
85,615
PAGE 6
%
78
95,615 78
1O
10
455,387
201,245
660,000 656,633
173
173
69
99
ACCOUNT
NUMBER
DESCRIPTION
' CITY OF SAN JACINTO ~-
REVENUE REPORT
PERIOD ENDING 2/28/91 PAGE 7
LOW -MOD INCOME HOUSING S.J. PROJECT
99-0410 INVESTMENT EARNINGS
FUND 99 TOTAL
ESTIMATED
REVENUE
LEDGER TOTAL 7,902,770
TO -DATE
REVENUE
9,10O,O31 115
,
ACCOUNT
GENERAL FUND
10-1100 CITY COUNCIL
10-1200 CITY MANAGER
10-1300 CITY CLERK
10-1400 FINANCE
10-1500 TREASURER
10-1600 CITY ATTORNEY
10-1700 PLANNIN8 COMMUNITY DEVELOPMENT'
10-1900 GENERAL GOVERNMENT CIVIC CENTER
10-2200 INSURANCE N/D
10-2230 FIRE INSURANCE & BLANKET BONDS N/D
10-2250 PERSONNEL
10-2400 ANNEXATION N/D
10-2500 NON -DEPARTMENTAL
10-3100 POLICE
10-3200 FIRE
10-3300 COMMUNITY DEVELOPMENT BUILDING
10-3400 PUBLIC SERVICES ANIMAL REGULATIONS
10-3500 PUBLIC SERVICES EMERGENCY SERVICES
10-3600 PUBLIC SAFETY - COMMUNICATIO�S
10-4100 PUBLIC WORKS ENGINEERING AD�1IN
10-4150 PUBLIC WORKG CORPORATIO� YARD
10-4200 PUBLIC WORKS STREET MmINTE014CE
10-4400 PUBLIC WORKS STREET CLEANING
10-4550 PUBLIC WORKS EQUIPMENT MAINTENANCE
10-5100 GENERAL GOVERNMENTAL PEOLTH SERVICE
10-6100 PUBLIC SERVICE MUSEUM
10-7100 PUBLIC WORKS PARKS
10-7400 PUBLIC SERVICES COMMUNITY CENTER
FUND 10 TOTAL
SEWER MAlNrFNANCE & DEVELOPMENT
14-4600 PUBLIC WORKS SEWER TRANSMISSION MNT
14-4610 LIFT STATION
FUND 14 TOTAL
WORKMANS FND
18-235O WORKMAN'S COMPENSATION N/D
FUND 18 TOTAL
UNEMPLOYMENT INSURANCE FUND
19-2150 UNEMPLOYMENT COMPENSATION
FUND 19 TOTAL
LIABILITY INSURANCE FUND
20-2200 INSURANCE N/D
FUND 20 TOTAL
N/D
GAS TAX FUND
21-8210 PUBLIC WORKS STREET MAINT. 6 CONST^
FUND 21 TOTAL
CITY OF SAN JACINTO
EXPENDITURE REPORT
PERIOD ENDING 2/28/91
DEPARTMENT APPROPRIATION EXPENDITURES
19,470
98,O1G
13,375
107,948
835
32'80O
26O,288
34,380
36,61O
62,593
6,800
14,950
1^959,591
761,738
260,878
39,306
8,250
210,957
29,040
114,096
1O4,178
39,O82
7O~692
1,0OO
81390
39,517
78,096
4,412,878
117,458
117,458
97,000
97,000
61000
6,00()
357,900
357,9O0
375000
375,300
14,197
73+23O
20,415
38,754
565
19,842
141'685
56,840
974
713
319013
12,013
9+392
1,363,782
540,968
148,110
24,393
112,260
64,722
41,684
38,417
23,798
41,836
4,023
21,228
534020
2,897,872
124,065
3O0
124,364
37,985
37'985
2,772
2,772
33,059
33,O59
51,935
51,934
PAGE 1
%
73
75
153
36
68
60
54
165
2
50
177
63
70
71
57
62
53
223
37
61
59
48
54
68
106
106
39
39
46
46
9
9
14
14
�
�
CITY OF SAN JACINTO
EXPENDITURE REPORT
PERIOD ENDING 2/28/91
PAGE 2
ACCOUNT DEPARTMENT APPROPRIATION EXPENDITURES %
MEASURE A - GAS TAX FUND
22-8220 STREET IMPROVEMENTS -PUBLIC WORKS 719,500 107,372 15
FUND 22 TOTAL 719'500 107,371 15
LOCAL TRANSPORATION FUND ART. 8
23-8230 PUBLIC WORKS STREET & I�PRV 196,000 13,319 7
FUND 23 TOTAL 196,000 13,319 7
TRAFFIC SAFETY FUND
24-8240 PUBLIC WORKS TRAFFIC SAFETY 85,549 529370 61
FUND 24 TOTAL 85'549 52,370 61
LIGHl1NG MAINTENANCE FUND
25-8250 PUBLIC WORKS STREET LIGHTING MAINT 256,466 93,304 36
FUND 25 TOTAL 256,466 93,3O4 36
INDUSTRIAL DEVELOPMENT AU[HORIT�
26-8260 GENERAL GVMT SAFETY & WELFARE
FUND 26 TOTAL
9,283
9,283
PARK DEVELOPMENT FUND
28-7150 PUBLIC WORKS 78,500 21,763 28
FUND 28 TOTAL 78,500 21,763 2O
HCl) - HUD FUND
29-8660 PUBLIC WORKS HOUSING & CDMHUNITY DV 348,786 79,894 23
29-8661 'D8WNTOWN WATER 64,676
FUND 29 TOTAL 348,786 144,570 41
GWIMMING POOL FUND
31-8400 SWIMMING POOL 23,925 16,868 71
FUND 31 TOTAL 23.925 16,868 71
PARKWAY DEVELOPMENT FUND
32-7250 PUBLIC WORKS PARKWAY DEVELOPMENT 459000 18000 40
FUND 32 TOTAL 45,000 189200 40
COMMUNITY FACILITIES DISTRICT
35-2500 NON -DEPARTMENTAL
FUND 35 TOTAL
1,851
1,851
COMMUNITY FACILITIES DISTRICT
36-2500 NON -DEPARTMENTAL 1,553,179
36-8360 COMMUNITY FACILITIES 444,917
FUND 36 TOTAL 11998,095
COMMUNITY FACILITIES DISTRICT �3
37-2500 NON -DEPARTMENTAL
FUND 37 TOTAL
FLOOD CONTROL
39-8390 DRAINAGE PROJECT
FUND 119 TOTAL
.j :)
38,117
38,116
CITY OF SAH JACINTO
,
. EXPENDITURE REPORT
PERIOD ENDING 2/28/91 PAGE 3
ACCOUNT DEPARTMENT APPROPRIATION EXPENDITURES %
CAPITAL IMPROVEMENT FUND
40-2500 NUN -DEPARTMENTAL 294,100 59,579 20
FUND 40 TOTAL 294,100 59,579 20
ASSESSMENT DIGT^
42-8500 ASSESSMENT DISTRICT 87-1 157,700 95^940 61
42-8501 ASSESSMENT DISTRICT 90-1 39,117
FUND 42 TOTAL 157,700 135,057 86
DEBT SERVICE -COMMUNITY FACILITIES 2
43-2500 NON -DEPARTMENTAL 1O8,373
FUND 43 TOTAL 108'372
WATER SURCHARGE FUND
45-9600 WATER TANK LOAN 13,600 11,675 86
FUND 45 TOTAL 13,600 11,675 66
WATER CAPITAL IMPROVEMENT FUND
47-2250 PERSONNEL
47-2500 NON -DEPARTMENTAL
47-96O0 WATER TANK LOAN`
FUND 47 TOTAL
WATER FUND
5O-9O0O WATER PURVEYANCE
50-9400 DOMESTIC WATER
50-9402 TRANSMISSION AND DISTRIBUTIG4
50-940q PUMPING EXPENSES
50-9410 WATER TREATMENT AND STORAGE
50-9474 WATER DEPARTMENT CUST�MER ACCOUNTS
50-9600 WATER TANK LOAN
FUND 50 TOTAL
TRUST ACCOUNT FUND
65-8650 TRUST FUND CLEARING
FUND 65 TOTAL
ASSETS FORFEITURE/EVIDENCE MONIES
66-8650 TRUST FUND CLEARING
FUND 66 TOTAL
629,937
250
250
285,6S2
624
11,190
86,5O5
32,856
591
629,937 417,447
941,048
941,048
153,585
153,585
45
66
SOBOBA PROJECT FUND
91-9700 REDEVELOPMENT PROJECT 45,60O 1,048 2
FUND 91 TOTAL 45'600 1+047 2
SOBOBA DEBT SERVICE '
92-9700 REDEVELOPMENT PROJECT 19,000
FUND 92 TOTAL 19,000
LOW -MOD INCOME HOUSING SOBOBA
94-9700 REDEVELOPMENT PROJECT
FUND 94 TOTAL
CITY OF SAN JACINTO
. .
EXPENDITURE REPORT
PERIOD ENDING 2/28/91 PAGE 4
ACCOUNT DEPARTMENT APPROPRIATION EXPENDITURES %
REDEVELOPMENT PROJECT FUND
96-9700 REDEVELOPMENT PROJECT 117,009 90,416 77
FUND 96 TOTAL 117,009 90,416 77
REDEVELOPMENT DEBT SERVICE FUND
97-9700 REDEVELOPMENT PROJECT 845,795 513,477 61
FUND 97 TOTAL 845,795 513,476 61
LOW -MOD INCOME HOUSIN� S^J, PROJECT
99-9700 REDEVELOPMENT PROJECT 28'666
FUND 99 TOTAL 28,666
LEDGER TOTAL 9,271,669
81095,111 87
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
RESOLUTION NO. 1945
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JACINTO DECLARING ITS
INTENTION TO INITIATE ON ITS OWN
MOTION PROCEEDINGS TO ANNEX CERTAIN
INHABITED TERRITORY KNOWN AS
ANNEXATION NO. 70
WHEREAS, some property owners desire annexation to the
City of San Jacinto; and
WHEREAS, annexation to the City of San Jacinto will
contribute to the orderly growth of the City, provide proper
control of street layouts, sanitary sewer and water design
and to insure proper use of land in conformity with the
General Plan.
NOW THEREFORE, BE RESOLVED AS FOLLOWS:
1. The City Council of the City of San Jacinto
proposes to initiate on its own motion proceedings to annex
to the City of San Jacinto all the territory hereinafter
described on Exhibit "A" as inhabited territory pursuant to
the provisions of the Municipal Organization Act.
2. That the territory which the Council proposes to
annex shall be identified as Annexation No. 70.
3. That the City Manager, or his designated
representative, is hereby authorized to file with the Local
Agency Formation Commission the appropriate application and
sign any and all documents therefore.
1991.
ATTEST:
MOVED, PASSED AND ADOPTED on the 19th day of March,
Deputy City Clerk
Mayor
CERTIFICATE
The forgoing is certified to be a true copy of
Resolution No. 1945 duly adopted by the said City Council of
the City of San Jacinto on the date set forth therein.
Deputy City Clerk
T45. ,„•
ESPLANADE AVENUE-
2
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RESOLUTION NO. 1944
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, ACKNOWLEDGING APRIL 1 - 5, 1991 AS
NATIONAL COMMUNITY DEVELOPMENT WEEK
WHEREAS, the week of April 1-5, 1991 has been designated
as National Community Development Week. The City of San Jacinto
is a participant in the Community Development Block Grant (CDBG)
program which funds a myriad of social service, economic
development and housing programs in this community and,
WHEREAS, in this community and in communities throughout
the nation, seventeen years of Community Development Block Grant
program funding has developed a strong working network of
relationships between the local government, residents of
Community Development target neighborhoods and the many nonprofit
agencies which Provide services and help make possible our
commitment to those neighborhoods, and
WHEREAS, this community recognizes that the Community
Development Block Grant program is a partnership of Federal,
local government, nonprofit and community efforts, and that
the services funded by the Federal CDBG program, administered
by the local government and often delivered by local nonprofit
organizations, relies heavily on the dedication and goodwill
of our combined efforts,
THEREFORE, BE IT RESOLVED, that during National Community
Development Week '91, this community will give special thanks
and recognition to all participants whose hard work and devotion
to the neighborhoods and their low and moderate income residents
help insure the quality and effectiveness of the Community
Development Block Grant program, and
BE IT FURTHER RESOLVED, that this community, along with
the service providers and others whose names are appended to
this resolution, hereby petition the U.S. Congress and
Administration to recognize the outstanding work being done
locally and nationally by the Community Development Block Grant
program, its vital importance to the community and to the people
who live in its lower income neighborhoods, and
BE IT FURTHER RESOLVED, that copies of this resolution
be conveyed to the appropriate elected and appointed officials
in the Federal government and that this community's name, and
the names of its nonprofit service providers, be added to the
roll of those committed to the preservation and full funding
of the Community Development Block Grant and maintenance of
its essential features over the course of the next Congress.
MOVED, PASSED AND ADOPTED this 19th day of March 1991.
ATTEST: Mayor
Deputy City Clerk
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RESOLUTION NO. 1944
Page 2
CERTIFICATE
The foregoing is certified to be a true copy of Resolution No.
1944 duly adopted by the said City Council of San Jacinto on
the date set forth therein.
Deputy City Clerk
MEMORANDUM
TO: Honorable Mayor and Council Members
via Pamela S. Easter, City Manager
FROM: Anna A. Vega, Finance Director
SUBJECT: Main St. Rennovation Loan Program
DATE: March 15, 1991
In March, 1989, Council approved the funding of the above referenced
program with a deposit of $12,000 from the City's General Fund.
During the City's participation in the Main Street Program only
one loan was applied for and approved: H.E. Divine for $5,000
in August, 1989.
At the present time there is in excess of $12,000.00 in the account
with an outstanding balance on the loan of $1,095.81 (paid monthly
at the rate of $222.73 per month.)
Recommendation:
Staff recommends moving the current balance to the City's LAIF
(Local Agency Investment Fund) account with the State of California
to receive a higher rate of interest. As this program was approved
by Council it is requested that Council authorize staff to move
funds and close account at time of loan completion.
nr
MEMO
TO: Honorable Mayor and Members of the City Council
FROM: Brian McNabb, Director of Community Development
DA IE: March 15, 1991
SUBJ: NORTH MOUNTAIN PROPOSALS
1. General Plan Amendment 1-91 and Change of Zone 2-91
2. Surface Mining
The Council held a public hearing on a proposed amendment to the general plan and
a concurrent preannexation zoning designation, for the portion of North Mountain not
currently within the City. As you recall, two opinions were expressed to you as to
how the California Environmental Quality Act should apply in this case.
Additionally, information was requested by the Council regarding the state of
noncompliance of the existing surface mining as well as an action plan to gain
compliance.
The purpose of this memo is to clarify these specific points for the Council. Prior to
doing this, however, it is important for staff to provide background information in
order to assist the Council in making their decision.
THE ANNEXATION PROCESS
In order for North Mountain to become part of the City, an extended process must
be completed. Prior to submitting the annexation application, the following must take
place:
1. Council adopts a Resolution of Intention to Annex
2. Preannexation zoning and general planning must be completed. In this case,
interim general plan and zoning designations are proposed only for the purpose
of filing the annexation application.
3. An Environmental Assessment on the annexation must be completed.
4. A plat map and legal description must be prepared.
5. A Fiscal Impact Analysis must be prepared measuring the impacts of the
annexation on the County and the City.
6. A plan showing how City services will be provided to the Annexation in the
area.
Assuming that an EIR is not necessary, the steps listed above will allow an
application to be submitted to LAFCO by approximately June 1, 1991. LAFCO can
process the application in approximately five months. It takes the City approximately
three months to complete the annexation or no sooner than February 1, 1992.
THE SPECIFIC PLAN AND EIR PROCESS
The "Soboba Stumnit" Specific Plan has been determined to need a.n Environmental
Impact Report. The draft EIR will be prepared and processed concurrently with
proposed development. The Specific Plan itself must include General Plan
Amendment And Changes of Zone in order to implement the plan in accordance with
our regulations.
The steps to an EIR are:
Notice of Preparation - this notifies the various regulatory agencies that an Ell( is
being prepared and asking for their input as to what environmental issues need to be
discussed.
Data gathering and the preparation of a Draft EIR.
Circulation of the Draft EIR for regulatory review and public comment.
Preparation of the Final EIR and final review of the Specific plan. At this time, the
ultimate general plan and zoning will be assigned to North Mountain.
The fastest time that a project can be processed with an EIR is approximately eight
months.
FAST TRACK VS REGULAR TRACK
It is typical for a city to have a "Fast Track" process for those projects it finds to be
beneficial to the city. Fast tracking involves giving special priority to a project which
may mean special staff meetings, special Planning Commission and/or Council
meetings, and consideration of assuming risks, which, in most cases are low.
In order to fast track the "Soboba Summit" Specific Plan, it is necessary to begin the
annexation process prior to the ultimate land uses being assigned. As you can see
from the information above, by processing the annexation and specific plan/EIR
concurrently, the annexation and the development review/EIR process can be
complete in early 1992.
If an EIR is required to assign zoning, the soonest an annexation application can be
filed is early 1992, and the annexation could not be finished any sooner than late
1992.
THE CEQA QUESTION
The Staff recommendation to you at the last meeting was the adoption of a negative
declaration on the general plan and zone change. The City Attorney indicated an
EIR was necessary based on his review of CEQA. We have checked with two
attorneys that specialize in the environmental law and both of them stated that an
EIR is the most correct way to proceed. However, both attorneys also indicated that
a negative declaration may be possible, provided an adequate job was done in
identifying all foreseeable environmental concerns within that negative declaration and
provide mitigation.
In reviewing the existing environmental documentation we do not feel all
environmental concerns have been identified at this time.
RISK
Staff conferred with the City Attorney as to what risk the City and developer might
incur should someone challenge the legality of a negative declaration. The City
attorney advised that a properly filed challenge could result in a court order setting
aside the negative declaration and ordering that an EIR be prepared. The court can
also award attorney's fees.
The Environmental Impact Report Process has already begun. The mandatory 45 day
Notice of Preparation period is already passed. The staff is compiling the comments
from the regulatory agencies and will soon be ordering the preparation of the draft
EIR. If a judge ordered the preparation of an EIR, the process would already have
been started.
As to the issue of attorney's fees, Mr. Morgan has verbally indicated he would
indemnify the City against the attorney's fees.
RECOMMENDATIONS
The decision the Council has to make is whether it desires to fast track the project.
If it does, then it will be assuming the risk stated above. However, staff is not
comfortable at this time with the Council closing the hearing and granting a Negative
Declaration on March 19, 1991. If the Council desires to grant a Negative
Declaration staff' recommends the public hearing be continued open until the meeting
of April 16, 1991 and to allow staff to prepare a comprehensive Negative Declaration
with mitigating measures.
If the Council does not desire to fast track the project, it should simply table these
items until such time as an Environmental Impact Report has been completed.
SURFACE MINE STATUS
The surface mining permit along Soboba Road is in noncompliance with the
Conditions of Approval as follows:
1. The grading of the hillside, where mining has been completed, is not in
conformance with the Uniform Building Code. In order to comply with the
Building Code, a bench would have to be cut at every 30 ft. of rise in vertical
elevation or a geologist must perform a slope stability study to the satisfaction
of the City's Geologist, in order to avoid the requirement to provide the
benching.
The top of the slope, in its current condition, is at the upper limit of the
approved surface mining permit. In order to properly bench the slope, the
bounds of excavation much be increased.
Mr. Morgan's geologist has submitted a slope stability report that is satisfactory
to the City's geologist. This report indicates the slope is stable without
benching. However, in the opinion of Morgan's geologist the most appropriate
way to grade the hillside would be to develop the slope to a point further back
into the hillside, with benching, for the purpose of eliminating a dangerous
vertical slope that was created illegally by the former owner in the early 1980's,
prior to annexation to the City.
2. The finished hillside has not been hydroseeded for erosion control. Mr.
Morgan has not performed this task because he was awaiting a resolution to
Item No. 1, above.
3. Morgan has not provided security guaranteeing the reclamation (reseeding) of
the slopes. Again, he was awaiting the resolution of Item No. 1 to determine
the final cost of reclamation. Also, he has experienced the "catch 22" problem
of the fact that he could not secure a bond because he was not the operator of
the surface mining permit and Fontana Paving, the operator, could not secure a
bond because they were not the property owner. Apparently, this issue has
recently resolved itself.
COMPLIANCE OPTIONS
There are three basic ways in which the surface mining operation can be brought into
compliance.
1. The existing slope can be hydroseeded; and Morgan can post a reclamation
bond to guarantee the survival of the hydroseed for 12 months.
2. The new conditional use permit, which calls for the expansion of the surface
mining permit to the east and also conforms to the recommendation of
Morgan's geologist in terms of benching and the elimination of the dangerous
vertical slope, can be allowed to proceed. This application was filed on
January 9, 1991. If this new conditional use permit is granted, the grading
work will be completed as soon as possible; the reseeding will be finished;
and, security will be posted.
3. The City can determine the lack of benching and the existence of the vertical
slope are merely an elimination of a safety problem and order Morgan to
immediately correct the safety problem; reseed the new slope; and, provide
security for the viability of the planting.
Roger Morgan will comply with the desires of the City Council.
Respectfully submitted,
BRIAN MC NABB
Director of Community Development
BKM:lr
CITY COUNCIL
MEETING DA'1E:
SUBJECT:
APPLICANT:
DESCRIPTION
PLANNING COMMISSION
TRANSMI1 1AL TO CITY COUNCIL
March 5, 1991
General Plan Amendment 1-91
NORTH MOUNTAIN PARTNERS
c/o The Torrey Group
4631 Viewridge Avenue, STE 200
San Diego, CA 92123
(619) 576-9494
A proposal to amend the 'and Use Element of the General Plan from Hillside Area
to Specific Plan Area on the subject property located in the San Jacinto Mountains
north of Soboba Road occupying Sections 13 and 14 and portions of Sections 16 and
23.
PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL:
The Planning Commission recommends the City Council approve General Plan
Amendment 1-91 as shown on Exhibit "I", subject to the Findings of Fact, grant a
Negative Declaration and instruct staff to include this in a General Plan Amendment
Resolution for the first cycle of the 1991 calendar year.
STAFF COMMENTS:
None
STAFF REPORT
TO: Chairman Ver Plank and Members of the Planning Commission
FROM: Brian McNabb, Director of Community Development
DATE: February 27, 1991
SUBJECT: ENVIRONMENTAL ASSESSMENT AND
GENERAL PLAN AMENDMENT 1-91
APPLICANT: NORTH MOUNTAIN PARTNERS
c/o The Torrey Group
4631 Viewridge Avenue, STE 200
San Diego, CA 92123
(619) 576-9494
ENGINEER: HCH PARTNERS
4877 Viewridge Avenue
San Diego, CA 92123-1667
(619) 278-5750
DESCRIPTION
A proposal for to amend the Land Use Element of the General Plan
from Hillside Area to Specific Plan Area on the subject property
located in the San Jacinto Mountains north of Soboba Road occupying
Sections 13 and 14 and portions of Sections 16 and 23.
EXHIBIT "A"
EXHIBIT "B"
EXHIBIT "C"
EXHIBIT "D"
EXHIBIT "E"
EXHIBIT "F"
EXHIBIT "G"
EXHIBIT "H"
EXHIBIT "I"
EXHIBIT "J"
PLANNING COMMISSION
VICINITY MAP
PROPOSED ANNEXATION AREA
EXISTING GENERAL PLAN
EXISTING ZONING
EXISTING CIRCULATION ELEMENT
EXISTING USES
FLOOD ZONE
SEISMIC ZONE
PROPOSED GENERAL PLAN AMENDMENT
PROPOSED ZONING
JANUARY 16, 1991 PAGE NO. 1
ENVIRONMENTAL ANALYSIS
The subject property is located within a known "A" flood zone,
however only a small portion of the property is within the "A"
flood zone. Areas affected by the flood zone must mitigate the
adverse impacts and comply with the City's Flood Damage Prevention
Ordinance.
The property is within the historic range of the Stephen's Kangaroo
Rat. The site mainly consists of hillside areas with no uses at
the present time. A sand and gravel operation currently operates
on the southern portion of the subject property.
The subject property is located within a known seismic zone. The
special study zone runs parallel with and adjacent to the southern
portion of the subject property.
There are presently no utilities serving the subject property.
Utilities may be made available, however, extensions will be
required to service the subject development.
This General Plan Amendment on its own does not require an
environmental impact report, however the General Plan Amendement
in association with the concurrent Change of Zone and related
Specific Plan may impact the environment. The applicant is
required to provide an Environmental Impact Report for the related
Specific Plan.
The proposed General Plan Amendment and Change of Zone create the
potential for environmental impacts. Some of the environmental
concerns made possible through the amended General Plan and Zoning
are as follows:
[1]
[2]
[3]
[4]
[5]
[6]
Public safety structures and equipment
Public safety staffing
Noise
Regional transportation construction and maintenance
School Impact
Need for youth centers, senior centers, and other
public facilities.
The proposed General Plan Amendment and Change of Zone will allow
for development to occur, which naturally creates the need to
expand public safety services. The type of development will
determine the impact on public services. Typically, police service
is impacted to a greater extent than fire services. In this case,
however they may be equally impacted due to the proximity and
accessibility of the subject property.
The increase in units from development will create more potential
for fire calls but usually does not necessitate the need for
increased personnel. A larger measure of impact on fire service
PLANNING COMMISSION
JANUARY 16, 1991 PAGE NO. 2
is response time. Impacts of development on the Fire Department
are identified by Ordinance 918. The impacts of new development
are partially mitigated by the payment of fees.
The ultimate goal of the San Jacinto Fire Department is to be able
to respond to all calls within 5 minutes. The subject property is
beyond the 5 minute response time and creates a fire protection
circumstance which has not been seen before in San Jacinto.
The increase in density from development will increase and may
significantly increase noise levels in the vicinity where there are
currently no environmental noise concerns.
All development that induces motor vehicle usage has a negative
impact on the environment. A single project usually creates few
problems. The cummulative impacts of all development within a
region all influence the air quality. The main polluter is the
motor vehicle idling in traffic.
There are two regional roads that pass through San Jacinto, Ramona
Expressway and Sanderson Avenue. They are regional because they
are used to transport people efficiently around the cities to
destinations outside the valley. Development associated with the
subject property must participate in the development of the
regional circulation system.
The proposed General Plan Amendment is the first necessary step to
allow for residential and commercial development on the subject
property. Schools are impacted by residential development. State
law has set the maximum that can be charged for school impact
mitigation for both residential and non-residential uses. Unless
State law changes, the impact of development on schools is
generally considered as mitigated. However, the State lags behind
development in providing funds for school development. The City
may require the developer to participate in a financing district
to pay for schools.
The development made possible by the General Plan Amendment and
Change of Zone will increase the demand for public facilities such
as libraries, youth centers, senior centers, etc. As development
occurs on the subject property, the City may require participation
in public facility financing.
Prior to development of the subject property, an Environmental
Impact Report will be required to address the above environmental
concerns.
The impact of the proposed General Plan Amendment on public safety
structures and equipment should not be significant. The combined
impacts of Annexation, General Plan Amendment, Change of Zone and
Specific Plan with the associated development will significantly
impact the public safety structures and equipment of the City of
PLANNING COMMISSION
JANUARY 16, 1991 PAGE NO. 3
San Jacinto. These impacts will also be address in the
Environmental Impact Report required for the Specific Plan.
DISCUSSION
The General Plan currently designates the subject property and
adjacent areas as Hillside Area.
Current zoning on a portion of the subject property is W-2,
Controlled Development. The remainder of the property is within
the County and is zoned W-2-160, Controlled Development (minimum
160 acre parcels).
The proposed pre -annexation zoning is W-2, Controlled Development.
The City of San Jacinto W-2, Controlled Development zone allows for
uses permitted in the R-1 and R-A-1-20 zones. Other allowable uses
consist of libraries, museums, golf and tennis clubs, meat cutting
and packaging, etc. Conditional uses consist of Airports,
cemetary, drive-in theaters, mobile home parks, etc.
County W-2-160 allows County A-1 uses of light agricultural on the
minimum 160 acre parcels. A-1 uses include a single family
dwelling units on the minimum required parcel. Other allowable
uses in the W-2-160 zone might be farms, waterworks, nurseries,
etc. on a minimum parcel of 160 acres.
Since the City of San Jacinto W-2, Controlled Development zone is
less restrictive allowing higher densities and more uses there is
more potential for an environmental impact. These potential
environmental impacts will be addressed and mitigated within the
Environmental Impact Report for the Specific Plan.
Existing and adjacent uses consist of hillside areas. A sand and
gravel operation is located on the southern section of the subject
property.
Access to the site is available from Soboba Road. Alternatives for
access to the site other than Soboba Road are being explored by the
applicant.
RECOMMENDATION
Staff recommends the Planning Commission adopt Resolution No. 91-
13 recommending the City Council approve General Plan Amendment 1-
91 as shown on Exhibit "I", subject to the Findings of Fact and
grant a Negative Declaration.
Brian McNabb
Director of Community Development
PLANNING COMMISSION
JANUARY 16, 1991 PAGE NO. 4
FINDINGS OF FACT GPA 1-91
1. There are no utilities to serve the subject property at the
present time, however, extensions will be required to service
the site.
2. GPA 1-91 is located within a known seismic zone.
3. GPA 1-91 is located within a known "A" Flood Zone.
4. The subject site is within the habitat range of the Stephen's
Kangaroo Rat.
5. The General Plan shows the subject property within Hillside
Area Boundaries. The existing zoning is W-2, Controlled
Development on property within the City. Proposed pre -
annexation zoning for the proposed annexation area is W-2,-
Controlled Development.
6. Access to the site is available from Soboba Road and future
access routes are being explored.
7. The proposed General Plan Amendment is the first necessary
entitlement to allow for ultimate residential and commercial
development on the subject property.
8. The proposed General Plan Amendment and Change of Zone create
the potential for the following environmental impacts:
[1]
[2]
[3]
[4]
[5]
[6]
Public safety structures and equipment
Public safety staffing
Noise
Regional transportation construction and maintenance
School Impact
Need for youth centers, senior centers, and other
public facilities.
PLANNING COMMISSION
JANUARY 16, 1991 PAGE NO. 5
3200
605
2600
6 oo
01. t
An° elICIt..04
1 * 000A
(", 0.01-vit'reg
k1.0.Nf .1t
n hal-, 0
) /100-0.0ri / C00104:4 1
10,580' 'II -
0 0
SPECIFIC PLAN AREA
c---------____
C.--/-7
?e(2
,-N---SITCIFIC Pr ARE4. ..,_
0------
11'------------ -'
,-...-------
\
PLAN AREA _„/,
CL)------ • .-/ , _
.itti/ O'f-ari abrn'to
.r----
-0
7,850'
LEGEND
a
0
EXHIBIT "A.'
PROPOSED GENERAL PLAN
GPA 1-91 -
IM.0
boo oa
NORTH MOUNTAIN
1
2 RESOLUTION NO. 1942
3
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
5 OF SAN JACINTO, APPROVING AMENDMENT TO THE LAND USE
6 ELEMENT OF THE SAN JACINTO GENERAL PLAN FOR THE FIRST
7 CYCLE OF 1991
8
9 THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY RESOLVE AS
10 FOLLOWS;
11
12 WHEREAS, Section 65631 of the Government Code provides that
13 no mandatory element of a General Plan shall be amended more
14 frequently than four time during any calendar year, and that the City
15 Council of the City of San Jacinto is amending the Land Use Element
16 of the San Jacinto General Plan for the first time during the 1991
17 calendar year; and
18
19 WHEREAS, the City Council of San Jacinto held a public
20 hearing on March 5, 1991 and made a determination that the Land Use
21 Element of the San Jacinto General Plan should be amended as follows:
22
23 A. Existing land use patterns will be enhanced by GPA 1-
24 91 and being assigned specific plan controlled
25 development land use; as designated on Exhibit "A".
26
27 B. GPA 1-91 will enhance the logical development of the
28 City.
29
30 C. GPA 1-91 allow reasonable and proper use of property
31 in the vicinity of the amendment.
32
33
34 WHEREAS, advertisement for a public hearing on GPA 1-91 was
35 published in accordance with Article 6, Chapter 3, Title 7, of the
36 Government Code; and
37
38 WHEREAS, the City Council finds that there will not be a
39 significant impact upon the environment by right of this change and
40 adopts a Negative Declaration for General Plan Amendment 1-91
41
42 Therefore the land use element of the General Plan is
43 amended in accordance with Exhibit "A".
44
45
46 INTRODUCED at a regular meeting of the said City Council
47 of the 5th riayy of Mach, 1991.
48
49
50 MOVED, PASSED AND ADOPTED the 5th day of March, 1991.
51
52 ATTEST:
53
54
55
56 Deputy City Clerk Mayor
57
58 CERTIFICATE
59
60 The foregoing is certified to be a true copy of Resolution
61 No. 1942 duly passed by the said City Council of the City of San
62 Jacinto on the date set forth therein.
63
64
65
66 Deputy City Clerk
CITY COUNCIL
MEETING DATE:
SUBJECT:
APPLICANT:
DESCRIPTION
PLANNING COMMISSION
TRANSMITTAL TO CITY COUNCIL
March 5, 1991
Change of Zone 2-91
NORTH MOUNTAIN PARTNERS
c/o The Torrey Group
4631 Viewridge Avenue, STE 200
San Diego, CA 92123
(619) 576-9494
A proposal for a pre -annexation zone change to W-2, Controlled Development on the
subject property located in the San Jacinto Mountains north of Soboba Road
occupying Sections 13 and 14 and portions of Sections 16 and 23.
PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL:
The Planning Commission recommends the City Council adopt Ordinance 930
approving Change of Zone 2-91 as shown on Exhibit "A" of Ordinance 930, subject to
the Findings of Fact and grant a Negative Declaration.
STAFF COMMENTS:
None
STAFF REPORT
TO: Chairman Ver Plank and Members of the Planning Commission
FROM: Brian McNabb, Director of Community Development
DATE: February 25, 1991
SUBJECT: ENVIRONMENTAL ASSESSMENT AND
CHANGE OF ZONE 2-91
APPLICANT: NORTH MOUNTAIN PARTNERS
c/o The Torrey Group
4631 Viewridge Avenue, STE 200
San Diego, CA 92123
(619) 576-9494
ENGINEER: HCH PARTNERS
4877 Viewridge Avenue
San Diego, CA 92123-1667
(619) 278-5750
DESCRIPTION
A proposal for a pre -annexation zone change to W-2, Controlled
Development on the subject property located in the San Jacinto
Mountains north of Soboba Road occupying Sections 13 and 14 and
portions of Sections 16 and 23.
EXHIBIT "A"
EXHIBIT "B"
EXHIBIT "C"
EXHIBIT "D"
EXHIBIT "E"
EXHIBIT "F"
EXHIBIT "G"
EXHIBIT "H"
EXHIBIT "I"
EXHIBIT "J"
PLANNING COMMISSION
VICINITY MAP
PROPOSED ANNEXATION AREA
EXISTING GENERAL PLAN
EXISTING ZONING
EXISTING CIRCULATION ELEMENT
EXISTING USES
FLOOD ZONE
SEISMIC ZONE
PROPOSED GENERAL PLAN AMENDMENT
PROPOSED ZONING
JANUARY 16, 1991 PAGE NO. 1
ENVIRONMENTAL ANALYSIS
The subject property is located within a known "A" flood zone,
however only a small portion of the property is within the "A"
flood zone. Areas affected by the flood zone must mitigate the
adverse impacts and comply with the City's Flood Damage Prevention
Ordinance.
The property is within the historic range of the Stephen's Kangaroo
Rat. The site mainly consists of hillside areas with no uses at
the present time. A sand and gravel operation currently operates
on the southern portion of the subject property.
The subject property is located within a known seismic zone. The
special study zone runs parallel with and adjacent to the southern
portion of the subject property.
There are presently no utilities serving the subject property.
Utilities may be made available, however, extensions will be
required to service the subject development.
This Change of Zone on its own does not require an environmental
impact report, however the General Plan Amendement in association
with the concurrent Change of Zone and related Specific Plan may
impact the environment. The applicant is required to provide an
Environmental Impact Report for the related Specific Plan.
The proposed General Plan Amendment and Change of Zone create the
potential for environmental impacts. Some of the environmental
concerns made possible through the amended General Plan and Zoning
are as follows:
[1] Public safety structures and equipment
[2] Public safety staffing
[3] Noise
[4] Regional transportation construction and maintenance
[5] School Impact
[6] Need for youth centers, senior centers, and other
public facilities.
The proposed General Plan Amendment and Change of Zone will allow
for development to occur, which naturally creates the need to
expand public safety services. The type of development will
determine the impact on public services. Typically, police service
is impacted to a greater extent than fire services. In this case,
however they may be equally impacted due to the proximity and
accessibility of the subject property.
The increase in units from development will create more potential
for fire calls but usually does not necessitate the need for
increased personnel. A larger measure of impact on fire service
is response time. Impact of the Fire Department are identified by
PLANNING COMMISSION JANUARY 16, 1991
PAGE NO. 2
Ordinance 918. The impacts of new development are partially
mitigated by the payment of fees.
The ultimate goal of the San Jacinto Fire Department is to be able
to respond to all calls within 5 minutes. The subject property is
beyond the 5 minute response time and creates a fire protection
circumstance which has not been seen before in San Jacinto.
The increase in density from development will increase and may
significantly increase noise levels in the vicinity where there are
currently no environmental noise concerns.
All development that induces motor vehicle usage has a negative
impact on the environment. A single project usually creates few
problems. The cummulative impacts of all development within a
region all influence the air quality. The main polluter is the
motor vehicle idling in traffic.
There are two regional roads that pass through San Jacinto, Ramona.
Expressway and Sanderson Avenue. They are regional because they
are used to transport people efficiently around the cities to
destinations outside the valley. Development associated with the
subject property must participate in the development of the
regional circulation system.
The proposed change of zone is a necessary step to allow for
residential and commercial development on the subject property.
Schools are impacted by residential development. State law has set
the maximum that can be charged for school impact mitigation for
both residential and non-residential uses. Unless State law
changes, the impact of development on schools is generally
considered as mitigated. However, the State lags behind
development in providing funds for school development. The City
may require the developer to participate in a financing district
to pay for schools.
The development made possible by the General Plan Amendment and
Change of Zone will increase the demand for public facilities such
as libraries, youth centers, senior centers, etc. As development
occurs on the subject property, the City may require participation
in public facility financing.
Prior to development of the subject property, an Environmental
Impact Report will be required to address the above environmental
concerns.
The impact of the proposed General Plan Amendment on public safety
structures and equipment should not be significant. The combined
impacts of Annexation, General Plan Amendment, Change of Zone and
Specific Plan with the associated development will significantly
impact the public safety structures and equipment of the City of
San Jacinto. These impacts will be address in the Environmental
PLANNING COMMISSION
JANUARY 16, 1991 PAGE NO. 3
Impact Report required for the Specific Plan.
DISCUSSION
The General Plan currently designates the subject property and
adjacent areas as Hillside Area.
Current zoning is on a portion of the subject property is W-2,
Controlled Development. The remainder of the property is within
the County and is zoned W-2-160, Controlled Development (minimum
160 acre parcels).
The proposed pre -annexation zoning is W-2, Controlled Development.
The City of San Jacinto W-2, Controlled Development zone allows for
uses permitted in the R-1 and R-A-1-20 zones. Other allowable uses
consist of libraries, museums, golf and tennis clubs, meat cutting
and packaging, etc. Conditional uses consist of Airports,
cemetary, drive-in theaters, mobile home parks, etc.
County W-2-160 allows County A-1 uses of light agricultural on the
minimum 160 acre parcels. A-1 uses include a single family
dwelling units on the minimum required parcel. Other allowable
uses in the W-2-160 zone might be farms, waterworks, nurseries,
etc. on a minimum parcel of 160 acres.
Since the City of San Jacinto W-2, Controlled Development zone is
less restrictive allowing higher densities and more uses there is
more potential for an environmental impact. These potential
environmental impacts will be addressed and mitigated within the
Environmental Impact Report for the Specific Plan.
Existing and adjacent uses consist of hillside areas. A sand and
gravel operation is located on the southern section of the subject
property.
Access to the site is available from Soboba Road. Alternatives for
access to the site other than Soboba Road are being explored by the
applicant.
RECOMMENDATION
Staff recommends the Planning Commission adopt Resolution No. 91-
14 recommending the City Council approve Change of Zone 2-91 as
shown on Exhibit "J", subject to the Findings of Fact and grant a
- Negative Declaration.
Brian McNabb
Director of Community Development
PLANNING COMMISSION
JANUARY 16, 1991 PAGE NO. 4
FINDINGS OF FACT CZ 2-91
1. There are no utilities to serve the subject property at the
present time, however, extensions will be required to service
the site.
2. CZ 2-91 is located within a known seismic zone.
3. CZ 2-91 is located within a known "A" Flood Zone.
4. The subject site is within the habitat range of the Stephen's
Kangaroo Rat.
5. The General Plan shows the subject property within Hillside
Area Boundaries. The existing zoning is W-2, Controlled
Development on property within the City. Proposed pre -
annexation zoning for the proposed annexation area is W-2,
Controlled Development.
6. Access to the site is available from Soboba Road and future
access routes are being explored.
7. The proposed change of zone is a necessary entitlement to
allow for ultimate residential and commercial development on
the subject property.
8. The proposed General Plan Amendment and Change of Zone create
the potential for the following environmental impacts:
[1] Public safety structures and equipment
[2] Public safety staffing
[3] Noise
[4] Regional transportation construction and maintenance
[5] School Impact
[6] Need for youth centers, senior centers, and other
public facilities.
PLANNING COMMISSION
JANUARY 16, 1991 PAGE NO. 5
2
3
4
5
6
7
8
9
10
11
ORDINANCE NO. 930
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SAN JACINTO, CALIFORNIA
APPROVING CHANGE OF ZONE 2-91 AMENDING
ZONING MAP OF THE CITY OF SAN JACINTO
THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. That Ordinance No. 340 is hereby
amended by adding thereto Change of Zone 2-91 as herein set
forth.
Section 2. That the zoning of the property in the
City of San Jacinto shown on the attached map marked Exhibit
"A" made a part hereof, is hereby established as W-2,
Controlled Development.
12 Section 3. The City Clerk shall certify to the
adoption of this ordinance and cause the same to be published
13 in a newspaper of general circulation printed and published in
the County of Riverside, State of California.
14
Introduced at a regular meeting of said City Council
15 on the 5th day of March 1991.
16
17 MOVED, PASSED AND ADOPTED at a regular meeting of
the City Council on the day of 1991 by
8 the following vote.
19 AYES:
NOES:
20 ABSENT:
21
22 Mayor ATTEST:
23
24
City Clerk
25
CERTIFICATE
26
STATE OF CALIFORNIA,
27 COUNTY OF RIVERSIDE,
CITY OF SAN JACINTO,
28
I hereby certify that the foregoing is a true copy
29 of Ordinance No. 930 duly adopted by the City council of the
city of San Jacinto at a regular meeting thereof held the
30 day of 1991.
31
WITNESS my hand and official seal of the City of San
Jacinto this day of 1991.
32
City Clerk
MEMORANDUM
TO:
kROM: a er
DATE: March 15, 1991
Mayor and Members of the Council
SUBJECT: Water Conservation and other Related Issues
In view of our experiencing another "dry" year as well as the
Statewide focus on water conservation, I asked John Townsel, our
Water Superintendent, to make some recommendations to the City
Council on water conservation. Attached to this memo is his report
that recommends a voluntary water conservation program as well as
several other recommendations related to education, rates and water
availability. I think it illustrates the point that there are many
aspects of this water issue, beyond just the issue of water
conservation. I have also attached several other memos from John
that provide information on water supply and current water levels.
City's Water District and Source of Supply
A map showing the City's Water District boundaries is attached.
You will note that our district is smaller than our city
boundaries, with the balance of our citizens being served by Lake
Hemet and Eastern Municipal Water Districts. We primarily depend
on our own water wells to supply water to our customers. We buy
very little water from outside suppliers, such as Eastern Municipal
Water District.
Our water wells are located in the San Jacinto Underground Water
Basin. This basin is resupplied through runoff from the mountains
on the north and east as well as the San Jacinto River. Lake
Hemet, EMWD, and a number of private owners have wells that draw
from this basin also.
The lack of rain has affected the water levels in the underground
basins. As you'll see in John's memo titled "Static Water Levels,"
the water levels in the wells are dropping. Water levels are
cyclical, however, depending on the amount of rainfall received.
EMWD has also been "recharging" the San Jacinto Basin through
percolation basins over the last several years to improve water
levels and to use the basin as a large underground supply
reservoir.
Page Two
Water Issues
Current Water Conservation Issues/Educational Program
To protect our supply of water, John and I are both recommending
that we ask our water customers to voluntarily conserve 100 of
their 1990 water use. John has also proposed a related
educational program, with a special focus on school children. As
part of this, he recommends purchasing educational materials for
use in the classroom. He will be meeting with Peter Odencrans, of
EMWD, on Tuesday to determine what they might be able to provide
us through their own conservation education staff and supply of
conservation materials.
Water Rates, Charges and Installation Requirements
John Townsel is also recommending that the City review our water
rates and installation charges as well as consider a requirement
to place individual water meters in all new dwellings, including
apartments, and businesses. Staff will be reviewing these
recommendations and bring them forth for your consideration at
upcoming Council meetings in April.
Current Water Maintenance Needs
With our dependence on the City wells, it is important that they
remain operational and efficient. John is recommending that the
Mistletoe Well Pump equipment be "pulled" and checked prior to the
summer months and any necessary maintenance be done.
John is further recommending that a motor and pump equipment be
ordered for our new Bath Well that was drilled several years ago,
but has not been equipped. It would be our recommendation that the
City Staff go out to bid for the purchase and installation of the
necessary equipment. After bids are received, the City Council
would then award the bid. There are sufficient monies in the Water
Fund to do this work.
Long Range Issues
Due to this Valley's dependence on our underground water basins,
it is important that the storage capacity and water quality be
retained. As previously mentioned, EMWD has been recharging the
San Jacinto Basin in an effort to retain water levels and to
provide water storage for future use. EMWD and Lake Hemet Water
District organized a meeting last week of the water pumpers of the
Valley to determine the level of interest in forming an
association. A list of questions and answers on the proposed
2
Page Three
Water Issues
association is attached. One of the purposes of the association
would be to insure a stable water supply to carry our area through
extended dry periods. This would be partially done through a
recharge program that the various pumpers would help pay for. I
think it is important for the City of San Jacinto to be involved
in this association, if one is formed, so that we can be part of
the association's goals, objectives, and programs.
The City also needs to do a Master Plan Study on our water system.
We need to evaluate whether we have sufficient capacity, address
water quality, identify future line sizes, current lines that need
replacing or upgrading, etc. John has drafted a proposed Request
for Proposal. I would recommend that we go out to bid to complete
such a study. This information is going to be vital in our setting
water rates in the longer term as well as to identify what our
current and future needs are.
Recommendations:
In sum, Staff has the following recommendations on the various
water issues discussed in this memo:
1. Approve a voluntary water conservation program, with a goal of
10% based on 1990 water usage. Authorize an expenditure of up to
$7500.00 to implement a water conservation educational program,
including a focus on school children.
2. Request the Staff to submit recommendations to the Council on
water rates, installation charges, and the requirement to place
separate water meters in each unit at upcoming Council meetings.
3. Request the Staff to go out to bid on the necessary Mistletoe
Well maintenance work as well as the purchase and installation of
motor and equipment for the new Bath Well. Also authorize going
out to bid for the completion of a Water Master Plan.
4. Support the City's participation in the Valley Water Pumpers'
Association, if formed.
3
CITY OF SAN JACINTO
WATER DEPARTMENT
905 Industrial Way
San Jacinto, CA 92383
TO: Pam Easter, City Manager
FROM: John Townsel, Water Superintendent
DATE: 3/13/91
SUBJ: Water Conservation
The San Jacinto Water Department is about to undertake a
never before attempted project. This project will include:
1. Community Awareness, Concerning Water Availability
2. Voluntary Water Conservation
3. New Conservation Related Water Rates
4. Water Awareness at Local Elementary Schools
5. Fin.al Development of Existing Facilities
The following report will address each of the topics
mentioned above. All information contained here in, may be
considered as fact, but by no means must be construed as
inflexible. Each plan is being offered as a starting point
only, and will be administered as per your direction.
John Townsel
Water Superintendent
1. COMMUNITY AWARENESS, CONCERNING WATER AVAILABILITY
During this time of below average rainfall, commonly known aa
a drought, many people become fearful of running short of
water. The City Water Department wishes to promote a feeling
of confidence among our citizens about the City's ability to
supply ample amounts of water even during these dry periods.
To accomplish this purpose, I plan on making information
available to the general public via news paper articles, and
direct mailings. As facts replace rumors, I believe most
doubts will be replaced by confidence and optimism.
Many local municipalities may have dismal futures because of
the drought we are currently experiencing. Many years of
dependence on 'surface water" supplies may have devastating
effects on their ability to continue system expansion. The
City of San Jacinto, however, has no such dependence on
"surface water' inside its water service area. All water
delivered to our customers is pumped from vast underground
aquifers, where water is still in very good supply, and
should continue to be for many years to come.
1 believe developers would be eager to relocate their housing
developments to the City's water service area. There is a
large block of land that appears to be ideal for a
combination of residential, and commercial development
located in the northeast corner of our service area. This
zone of potential development is roughly bordered on the
south, by Main st., the east, by the San Jacinto River, the
north, by the Ramona Expressway, and the west, by State St.
I believe that with the help of the Water Department, the
Community Development Director should be able to find
numerous quality builders to take advantage of this vast area
capable of situating at least 1500 homes.
2. VOLUNTARY WATER CONSERVATION
The City's use of water has fallen in recent years.
believe that conservation messages seen on television, heard
on radio, and read in various publications are responsible
for 20% drop in usage since 1985.
The citizens of San Jacinto have done a very good job of
conserving water without the mandatory rationing presently
being implemented by many other water purveyors. I am
proposing that a conservation program be started on a
voluntary level, with a goal of 1O% based on 1990 water
usage. This conservation program should be presented in such
a way that our citizens are not scolded for using too much
water, but congratulated for doing such a fine job thus far.
This voluntary cut -back in usage could be advertised in local
news papers, and on local radio stations. Up beat reminders
could be printed on water bills and separate mailings.
Literature, along with water saving devices, could be made
available to our customers who request help in acheiving our
10% goal.
3. NEW CONSERVATION RELATED WATER RATES
The City has not raised its water rates in almost 3 years.
The last rate hike took effect in July of 1988. By not
raising our water rates, some of our customers may feel water
is so inexpensive, that excessive use is of no consequence. I
have submitted my recommendations to the Finance Director
regarding rate increases for both domestic and construction
water usage and availability. I feel that these increases
are justified and equitable considering energy and supply
costs have risen considerably since 1988.
Most customers will conserve water almost automatically with
a rate increase. Those few individuals that refuse to
conserve, can expect their water bills to provide a monthly
reminder of their cavalier attitude.
Meter installation rates are also in need of attention.
have submitted my recommendations to the Finance Director,
and hope to see them implemented at out April-2 council
meeting. I would also suggest that all new dwellings,
including apartments and businesses, have separate water
meters for each unit. This will greatly reduce water
consumption currently observed as excessive in existing
apartment/business locals.
4. WATER AWARENESS AT LOCAL ELEMENTARY SCHOOLS
Most conservation programs implemented by municipalities are
aimed at adults. I feel that most adults in our community
are doing a good job of conserving water and deserve credit
where credit is due. Unfortunately, there are very few
conservation programs aimed at today's youth. I propose that
the City implement a waste reducing program at the local
grade schools, so that our youth may be trained in the
importance of proper water usage. By speaking at school wide
assemblies, and handing out specially designed literature, I
feel tommorrow's adults can be brought up waterwise today.
Many companies can supply student packets at a cost of
approx. $3.00 each. These packets are specially designed for
specific age groups. The packets will contain numerous items
including:
Coloring Books
Stickers
Puzzle Books
Magnets
Pins
Story Books
And misc. conservation reminders.
The cost of this learning program will be approx. $7000.00
to reach the 2000 students currently attending schools in our
service area. I believe many children will be convinced to
stop wasting water at home, and possibly even remind their
parents that water is precious and must not be wasted.
I have been invited to attend the first school district
staff meeting following our March 19, council meeting to
arrange for the most efficient method of reaching all 2000
students currently enrolled. Our schools are not presently
teaching ater conservation on campus, except in a few
classrooms where teachers have taken it upon themselves to
get the message across to their students in what ever way
they saw fit.
FINAL DEVELOPMENT OF EXISTING FACILITIES
The City service area is supplied solely from local wells.
The City owns and operates three such wells on a year around
basis. Two of our wells are not functioning at full
capacity.
A. Mistletoe well is pumping only 250 gpm instead of
its normal 600 gpm. This well needs to be pulled
and repaired as necessary before the hot months of
summer arrive. (Southern Calif. Edison will pay
one third of the total cost incurred if a new pump
is installed.)
B. The new Bath well is ready for motor and pump
installation. Current yield from the existing
well is 850 gpm. The new well will produce 2000
gpm, and do it in a more efficient manner, thus
reducing our power consumption. To install a
motor, pump, and electric panel, the total cost
will be approx. $60,000.00 .
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City Hall — 201 East Main Street Post Office Box 488
San Jacinto, California S2383
TO: Pamela Easter, City Manager
FROM: John Townsel" Water Superintendent
DATE: March 8, 1991
3U8J: Domestic Water Supply
The City Water Department has recently completed d
study Of past and present water availability and
consumption' Attached are data sheets showing water
levels, consumption history and pumping capacities.
As you Will note, consumption per Cdpjtd has been
greatly reduced' I attribute this to the many
conservation efforts utilizing the various medias'
it/kp
SIGNED Vvtll- 04jsi
John' TOWnsel, Water Superintendent
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City Hall --2O1East Main Street
714'854-7337
Post Office Box 488
San Jacinto, California 92383
YEAR DOMESTIC WATER USE NO. OF SERVICES PER HOUSEHOLD USE
1982
1-90-8-acre ft.
2519 Services
'75 acre ft'
1983
1491 acre ft.
2561 Services
'77 acre ft.
1984
2345 acre ft.
2602 Services
'90 acre ft.
1985
2442 acre ft.
2633 Services
'92 acre ft.
1986
2572 acre ft.
2687 Services
,95 acre ft.
1987
2573 acre ft.
2715 Services
'94 acre ft.
1988
2394 acre ft.
2802 Services
'85 acre ft.
1989
2497 acre ft.
2917 Services
'85 acre ft.
1990
2430 acre ft.
3165 Services
'76 acre ft.
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City Hall — 201 East Main Street Post Office Box 488
San Jacinto, California S2383
714 654-7337
CITY WELL SITE PUMPING CAPACITIES
/600/\ Grand Well - 1250 gpm
/600/\ Mistletoe Well - 000 gpm
/600/\ Bath Well - 850 gp0
(1320/) New Bath Well - 2000 gp0 (To be put on line 1991\
°
`
CITY OF SAN JACINTO
WATER DEPARTMENT
905 Industrial Nay
San Jacinto, CA 02383
TO: Honorable Mayor Boykin and
City Council Members
FROM: John TUwnSel, Water Superintendent
DATE: March 7, 1991
SUBJ: Static Water Levels
Attached is u record of Static Water Levels in Sun Jacinto
wells.
You will notice that Bath Well and Mistletoe Well are
usually very similar in level. I have chosen Mistletoe
Well levels to construct the attached line gruph. Each
dot represents u Yur1fied measurement.
SIGNED
't/kp
Townsel, Water Superintendent
YEAR
BATH MISTLETOE GRAND
WELL WELL WELL
1956 170' (drilled)
1957
1958
1959
1960
1961
1962
1963
165' (drilled)
203'
230'
220'
1964
1965
1966
1967
1968
1969 274' 266°
1970
1971
1972 277° 273'
1973
1974
1975
1976
1977 309' 301'
165' (drilled)
1978
1979
1980
1981 220' 221'
1982 225' 226'
1983 221'
1984 198' 195'
1985
1986
1987 198' 194'
172'
152'
1988 193' 192'
1989 225' 225'
1990 238' 236'
1991 250' 245'
165'
100'
200'
300'
400'
MISTLETOE WELL
1959 1969 1979 1989
US
AND
L.4"
March 6, 1991
1. WHY ARE WE HERE? WHAT IS THE ULTIMATE GOAL OF THIS
EFFORT?
SELF SUFFICIENCY. WHILE THE TWO DISTRICTS HAVE FOR
SOMETIME BEEN PREPARING A LONG RANGE WATER MANAGEMENT
AND STORAGE PLAN, THIS EXTENDED DROUGHT HAS ADDED AN
IMPETUS AND URGENCY TO THAT NEED OF INSURING A STABLE
WATER SUPPLY TO CARRY THE DISTRICTS THROUGH EXTENDED
DRY PERIODS. AND FURTHER THE ASSURANCE THAT SUCH
STORAGE WILL GUARANTEE OUR OWN SELF-SUFFICIENCY AND
ELIMINATE THE DEPENDENCY UPON IMPORTED WATER AT A TIME
OF REGIONAL OR STATE SHORTAGE.
11. WHAT DO WE MEAN WHEN WE TALK ABOUT BASIN MANAGEMENT?
FIRST WE NEED AN UNDERSTANDING OF THE SIZE AND GEOLOG-
IC STRUCTURE OF THE BASIN. WE CAN THEN DETERMINE THE
RECHARGE STORAGE CAPACITY POTENTIAL WHILE ALLOWING
ADEQUATE RESERVE CAPACITY FOR CAPTURING NATURAL
WINTERTIME PERCOLATION AND RECHARGE.
IS WATER STORAGE AND RECHARGE THE ONLY CONCERN?
NO. A BASIC NEED AND CONCERN IS TO DETERMINE THE
POTENTIAL FOR SUBSIDENCE. AND P
LOSS OF THE
UNDERGROUND STORAGE RESERVOIR. RECHARGE AT APPROPRI-
ATE TIMES WILL PREVENT THAT SUBSIDENCE AND ASSURE IhE
INTEGRITY OF THE BASIN.
-1-
IV. WHO WILL PAY FOR THE PURCHASE OF AVAILABLE RECHARGE
WATER?
WE ARE HOPEFUL THAT SOME AGREEMENT CAN BE INFORMALLY
REACHED WHICH WOULD ALLOW A VOLUNTARY COOPERATIVE PLAN
TO SPREAD THE COSTS OF SUCH RECHARGE ON AN EQUITABLE
BASIS AMONG THE WELL OWNERS AND PUMPERS. BY COMING
TOGETHER TO DEVELOP SUCH A PLAN WE CAN AVOID THE
COSTLY AND TIME CONSUMING LEGAL PROCESS (ATTORNEYS AND
THE COURTS) OF ADJUDICATION OF WATER RIGHTS WITHIN THE
BASIN.
V. WHERE WILL THE WATER COME FROM?
IN NORMAL YEARS DURING THE WINTER RAIN SEASON GREAT
AMOUNTS OF SURPLUS RUNOFF WATER IS AVAILABLE THROUGH
MWD AND CALIFORNIA STATE WATER PROJECTS AT DISCOUNTED
PRICES WHICH COULD BE USED TO RECHARGE OUR BASINS.
WATER WILL OTHERWISE BE LOST TO THE SEA.
THIS
VI. WHY DO WE NEED A WATER USERS AND PUMPERS ASSOCIATION?
FIRST TO ASSURE PARTICIPATION OF THOSE MOST AFFECTED
AND BENEFITING FROM THE RECHARGE EFFORT. SECOND, TO
PROVIDE A LOCAL LEADERSHIP NETWORK FOR GENERATING
POLITICAL SUPPORT FOR LEGISLATION OR STATE-WIDE
INITIATIVE OR BOND ISSUES WHICH MAY APPEAR ON OUR
BALLOTS IN THE FUTURE.
VII. WHAT ABOUT AGRICULTURE?
PROBABLY THE MOST IMPORTANT ASPECT OF THIS LOCAL
CONTROL SELF-SUFFICIENCY ISSUE WOULD BE THE POTENTIAL
FOR EXTENSION OF AGRICULTURAL WATER DELIVERIES AS
APPROPRIATE DURING FUTURE DROUGHT PERIODS.
VIII. WHO ALL WOULD BE INVOLVED IN THIS EFFORT?
THE TWO WATER DISTRICTS, EMWD AND LAKE HEMET, THE TWO
CITIES OF HEMET AND SAN JACINTO AND THE MAJOR WELL
OWNERS AND PUMPERS. IT WILL BE A COALITION OF SAN
JACINTO VALLEY CONSERVATION AREA WATER USERS AND
PURVEYORS.
X. WHAT ABOUT RECLAIMED WATER USE?
IN RECENT YEARS EASTERN HAS BEEN DEVELOPING A DUAL
SYSTEM PROGRAM THAT WILL ALLOW FOR USE OF RECLAIMED
WATER FOR LANDSCAPING, PARK, GOLF COURSE; AGRICULTURAL
AND INDUSTRIAL USES THEREBY PRESERVING POTABLE WATER
SUPPLIES FOR DOMESTIC USE. A FURTHER BENEFIT OF THE
DUAL SYSTEM APPROACH WILL BE THE OPPORTUNITY TO BRING
ON LINE THE SEVERAL HIGH NITRATE AND OTHER
"CONTAMINATED" WELLS WHICH HAVE BEEN ABANDONED, BUT
WHICH WATER CAN BE APPROPRIATELY USED FOR THOSE
SECONDARY PURPOSES. THIS WITH UNDERGROUND BASIN
RECHARGE PROGRAMS CAN IN EFFECT PROVIDE A FLUSHING OF
THE AQUIFER AND BRING ABOUT A RECOVERY OF THOSE
OTHERWISE USELESS SYSTEMS.
XI . WOULD THIS PROGRAM BE OF INTEREST TO OTHER WATER SHED
COMMUNITIES?
YES. THAT IS OUR HOPE THAT NETWORKING OUR SUCCESS
WOULD PROVIDE A PILOT PROGRAM WHICH WOULD BENEFIT
OTHER AREAS.
MEMORANDUM
To:
From:
Date:
San Jacinto Police Department
160 West 6th Street
San Jacinto, CA. 92383
Honorable Mayor and Council Members via City Manager
Chief of Police L
March 15, 1991
Subject: Progress Report on 5 Points Signalization and Main
Street Traffic Circulation
On March 13, 1991 a meeting was held at the San Jacinto
Police Department with representatives of various agencies to
bring focus on issues critical to futures planning in the area of
5 Points intersection and the surrounding roadways systems.
Those present were members of the San Jacinto City Council, Cal -
Trans, City of San Jacinto Staff and Consultant, San Jacinto
Chamber of Commerce, San Jacinto Business Association, San
Jacinto Parking Lot Association, and Merchants. A brief overview
was presented to those present regarding the need to consider
signalization of 5 Points, parking considerations as a result of
signalization in the 100 and 200 block of Main Street, off-street
parking concerns, possible consideration of a traffic study for a
broad area and not just the 5 Points/Main Street areas, and for
the possible realignment of State Route 79.
After a roundtable discussion, there seemed to be consensus
that the issue of State Route 79 needed to be settled first since
everything else is impacted by this highway system. Mr. Jim
Balcom of Cal -Trans proposed that a study be done by Cal -Trans to
determine the effects of moving SR 79 from it's present alignment
to a temporary alignment on Sanderson Avenue and eventually to a
permanent alignment on Warren Road. Present alignment routes on
futures planning maps show the Warren Road alignment of SR 79 as
a viable project. Councilmen Hafliger recommended that the issue
be brought before the City Council on March 19, 1991 for a motion
to proceed with a study and to determine the impacts of this
realignment. Councilmen Hafliger further pointed out the need to
study other Main Street problems and this was echoed by
Councilwomen Leahy, Mr. Jeff Divine, San Jacinto Parking Lot
Association pointed out the need to pursue off-street parking in
the Main Street corridor but pointed out that the parking would
be best if it was available on both sides of the street to the
rear of the businesses. Community Development Director Brian
McNabb also stated that a common walk-through from the off-street
Memorandum
March 15, 1991
Page 2
parking sites to the front side of the business located in the
100 and 200 blocks of East Main Street should also be looked at
for the sake of convenience.
Members of Cal -Trans pointed out that as a result of recent
projects in which San Jacinto has participated, has caused the
earlier reported funds for, the 5 Points signalization $105,000
and the resurfacing of East Main Street $186,000 to now only
total approximately $18,000. Cal -Trans officials also made
indications that a possible SR 79 "business" route could be
possible, however, nothing on this corridor would be under State
responsibility. Additionally, the new bridge at the State Street
crossing would be completed by Cal -Trans and a decision on the
old bridge would have to be made as the environmental impact
shows the old bridge being removed. The Sanderson Avenue bridge
crossing is still moving forward through Measure "A" funding and
other supplemental monies with the County being the lead agency.
Since there is presently a feeling that a definite decision
on the alignment of State Route 79 is the key to anything else
that happens in the surrounding City areas, it is recommended
Council authorize a study to be completed by Cal -Trans as to the
feasibility of relocating SR 79 as indicated earlier. The study
would provide all projects associated with the realignment and
any funding anticipations including any loss of funding for San
Jacinto as a result of realignment.
Should you have any questions, please let me know. Mr. Ben
Dobbins, San Jacinto contract traffic engineer will be available
for any questions at the March 19, 1991 Council meeting. Once
direction is provided to staff, timelines may be developed for
the study and any other associated areas of concern.
F
an iaento
tr
City Hall — 201 East Main Street
714 - 654-7337
March 14, 1991
Al DiLudovico,
Executive Director
Housing for Independent People, Inc.
P.O. Box 90148
San Jose, CA 95109
Dear Mr. DiLudovico:
Post Office Box 488
San Jacinto, California 92383
Please accept the attached list of questions in response to your
February 27, 1991 letter.
The two Council Meetings to be held next month will be on April 2
and April 16. Our Deputy City Clerk has advised that your request
for reconsideration will appear on the March 19 Agenda, at which
time the Council will determine if a workshop is appropriate. The
City Clerk's Office will advise your office of the date and time
of the applicable meeting.
Sincerely,
Henry Hafliefil-'1
Councilman
nr
Questions on the proposed Vosburg Project to be undertaken by HIP
1. Has HIP made a needs assessment in San Jacinto?
2. Who specifically would this project serve? For all units
(elderly, mentally ill, disabled)
3. Where do you have a similar facility, as you propose at the
Vosburg? Who could we contact in that City's local government whom
would have familiarity with it?
4. What systems of support would be involved in the project?
(Activity Director, Visiting Nurse, etc.)
5. Would time be so structured that the residents would be
productive rather than simply warehoused? (This question is asked
because excessive free time would literally dump these residents
on the downtown streets and eventually effect business and it is
not in the best interest of the residents to have so much free
time.) We should see a plan of resident activity that will be
adhered to.
6. When residents can no longer live at the Vosburg facility, what
provisions have been made (will be made) to properly house them in
a facility of need?
7. How many of those facilities on the HIP list are in a
refurbishing state?
8. Would meals be served? Do you have a corporate dietician? (or
do you contract for the service?) Would your fnn(9 purchases be
local, or do you buy in quantity for many facilities at once?
9. Does HIP have any Board Members from Southern California? If
so, who, and where do they reside and could we contact them?
10. Would all rooms in present hotel have toilets?
11. Would people be able to warm up food in room - microwave,
refrigerator, hot plate?
12. How much money would HIP have invested in the project prior to
construction and long term financing?
13. What will be the estimated costs per resident?
2
of an
LL or aftinfo
City Hall — 201 East Main Street
714 - 654-7337
PROCLAMATION
Post Office Box 488
San Jacinto, California 92383
WHEREAS, the Peace Corps of the United States of America
is celebrating its thirtieth year of providing volunteers to
serve in countries throughout the world in helping people help
themselves to attain a better life; and
WHEREAS, over one hundred and thirty thousand Americans
have served in the Peace Corps in over one hundred nations around
the world in programs that have significantly promoted under-
standing between the people of the United States and the peoples
of nations it has been privileged to serve; and
WHEREAS, President Bush has stated, "The United States is
ready to volunteer when needed, where needed, and today the proud
flag of the Peace Corps can be seen around the world, flying
with renewed vigor and pride," and
WHEREAS, the response of Americans to the Peace Corps' call
for service in seeking solutions to the complex human problems
of hunger, poverty, illiteracy, and disease continues to exceed
its recruitment requirements; and
WHEREAS, Peace Corps volunteers are enriched by their service,
are mor-D knowledgeable of the world and the challenges of building
a lasting peace; and
WHEREAS, eighteen thousand Peace Corps Volunteers from
California alone, have worked in more than 100 developing nations
throughout the world,
NOW, THEREFORE, I, Francis R. Boykin, Mayor of the City
of San Jacinto proclaim March 20, 1991 as Peace Corps Day in
the City of San Jacinto, recognizing their Thirtieth Anniversary
in 1991.
Mayor
MEMORANDUM
TO: Honorable Mayor and Council Members
Via Pamela S. Easter, City Manager
FROM: Anna Vega, Finance Director
SUBJECT: MID -YEAR Budget review
DATE: March 19, 1991
Staff has reviewed the 1990-91 fiscal year budget for
mid -year adjustments that may be required and amendments to
be approved by council.
The General fund has taken a major hit this year due
the following:
to
The 1990-91 budget was adopted with a deficit of
$70,908;
A salary increase was approved by council for all
City employees. This was not included in the adopted
budget;
Due to AB 2557 the County will be charging the City
$10,000 for property tax collection and $45,000 for
Police booking fees. The City's share for the
a waste reduction program will be $45,000.
Downturn in the economy has reduced anticipated building
related revenues by about 38 percent of adopted estimated
revenues, and has affected sales tax slightly from last years
receipts. These revenue projection is based on building
activity during the months of December through February of
this fiscal year.
The revenue projections in the following exhibits are
conservative, and as of March numerous construction permits
are being requested which may increase our construction
permit projection by the end of the fiscal year.
As revenue has decreased, expenditures on the other
hand, have increased in certain areas. This is due to
legislative changes such as AB 2557 and Waste reduction
programs.
In an effort to balance the City's general fund a
thorough review of expenditures was made and cut backs were
made where possible. This also required charges for
employee's time to other enterprises and funds where services
are being provided.
The council subcommittee of the Mayor and Mayor Pro-Tem
have reviewed this information and would like council to
consider a minimum of 5 percent be allotted to go into
general fund reserves in the upcoming budget year.
As you can see, this will require the use of general
fund reserves in excess of availability by the end of the
fiscal year. Obviously we need to look and see where we can
enhance our revenue. Therefore, staff is making the
following recommendations:
REVENUE ENHANCEMENTS
1. Conduct a study to identify potential user fees that
could be charged for various City services, including
utilities (water and sewer). Bring back a recommended
consultant to assist in conducting the study.
2. Conduct a study to audit sales tax receipts, to
ensure that the City is receiving proper sales tax revenues.
3. Request staff to develop request for proposals to
develop a master plan for future infrastructure, park,
traffic and any needs of the City and the impact fees that
are required to provide these needs.
4. Request staff to submit a recommended increase in
planning processing fees to provide for necessary planning
staff. This will be before council hopefully by the April
16, 1991.
EXPENDITEBE CUT BACKS
1. Delay hiring and/or promoting any General fund
personnel until May 1 or until the end of April when a review
of incoming revenue is done which can ensure funds will be
available. The exception is the Public Works Director
which will be hired at the end of the recruitment process.
About 40 percent of the Directors salary will be charged to
other funds such as water, sewer and gas tax, therefor the
general fund will not absorb all of the cost. This position
is necessary at this time to assist in the necessary capital
improvements and economic development which staff is
currently working on.
2. The following position were budgeted and at this
time are not filled thereby, they will not be filled until
revenue is available. These positions are as follows:
Planning Dept. Microfilm Clerk
Police Dept. 1 Sergeant
2 Police Officer.,
1 Community Service Officer
Fire Dept. 4 Firefighters
Building Dept
Communications
Equipment Maint
Street Maint
1 Code Enforcement Officer
1 Dispatcher
1 Mechanic
1 Equipment Operator
2 Maintenance Workers
3. An informal analysis ofemployees duties was
conducted. This resulted in charging other funds such as
water, sewer and redevelopment for services that are being
provided by general fund staff.
4. The 1972 Lighting and Landscaping District
(LLMD) allows for services such as park maintenance to be
provided, therefore, those expenses were transferred from the
general fund to the LLMD fund.
5. Capital outlay items budgeted will not be purchased
during this year since the majority of the funding is charged
back to general fund. This includes purchase of 2 police
vehicles, patch truck roller, and refurbish of communications
van.
RECOMMENDATION
Staff recommends that the Mid -year proposed amendments
be approved as submitted and authorize staff to proceed with
the revenue enhancement strategies by conducting studies as
required.
CITY OF SAN JACINTO
MID -YEAR BUDGET COMPARISON
FISCAL YEAR 1990-91
2/28/91 1990-91 TRANSFERS 1990-91 (DRAW) FUND
CASH PROJECTED (OUT) PROJECTED EXCESS BALANCE
BALANCE REVENUES IN EXPENDITURES RESERVES 6/30/91
10 GENERAL FUND 257,783 3,983,530 (25,965) 4,345,534 (387,969) (130,186)
14 SEWER FUND 194,533 184,650 272,395 (87,745) 106,788
18 WORKERS COMP. 281,212 60,000 61,000 (1,000) 280,212
19 UNENPLOYENENT (2,772) 0 8,772 6,000 2,772 0
20 LIABILITY INS. 596,941 0 357,900 (357,900) 239,041
21 GAS TAX FUND 377,920 208,120 362,245 (154,125) 223,795
22 MEASURE "A" 169,220 257,100 426,320 (169,220) 0
23 LOCAL TRANS (8) 34,741 98,600 133,341 (34,741) 0
24 TRAFFIC SAFETY 28,770 85,250 45,650 39,600 68,370
25 LLND 200,076 199,833 236,855 (37,022) 163,054
26 INDUST DEV AUTE. 1,255 8,028 9,283 (1,255) 0
28 PARK DEVELOPMENT 258,515 74,050 78,500 (4,450) 254,065
29 HCD-BUD-CDBG (90,183) 312,469 222,286 90,183 0
31 SWIMMING POOL (4,593) 18,400 17,193 31,000 4,593 0
32 PARKWAY DEV, 301,830 107,000 45,000 62,000 363,830
35 CFD NO, 1 71,343 91,000 3,250 87,750 159,093
36 CFD NO 2 - CIP 5,245,910 0 89,500 (89,500) 5,156,410
37 CFD f,0. 3 17,204 33,500 0 33,500 50,704
38 UNDERGND UTLTY 64,020 0 0 64,020
39 FLOOD CONTROL 1,810,291 691,220 35,000 656,220 2,466,511
40 CAPITAL IMPROV. 50,579 22,642 73,221 (50,579) 0
41 TRAFFIC SIGNAL 362,479 139,900 0 139,900 522,379
42 ASSESSMENT DIST 8,145 14,596 138,198 (123,602) (115,457)
43 DEBT SVC-CFD 02 2,691,149 912,000 433,400 478,600 3,169,749
45 WATER SURCHARGE 264,412 36,050 11,700 24,350 288,762
47 WATER - CIP 93,715 46,456 0 46,456 140,171
50 WATER ADNINIST. 536,591 911,300 702,805 208,495 745,086
66 ASSET FORFEITURE 57,109 0 0 0 . 57,109
90 REDEVELOPMENT 2,045,469 1,643,985 1,111,366 532,619 2,578,088
RDA BOND PROCEEDS 7,170,000 0 0 0 7,170,000
RDA BOND PROCEEDS
15,943,664 10,139,679 0 9,231,749 907,930 16,851,594
CITY OF SAN JACINTO
REVENUE COMPARISON
1990-91 FISCAL YEAR
Revenue 3/13/9
ACCOUNT
ACTUAL YTD ACTUAL PROJECTED
REVENUE ESTIMATED REVENUE REVENUE
1989-90 1990-91 1-31-91 1990-91
GENERAL FUND
Property Taxes 546,619 585,000 340,842 557,550
Sales Tax 831,198 920,000 461,325 792,650
Transient Occ. 7,584 8,000 6,817 12,500
Franchises 302,696 319,000 .143,591 338,300
Business License 107,028 114,000 86,269 10,000
Property Transfer 78,463 70,000 33,516 74,000
Animal License 1,301 3,000 1,478 3,000,
Bicycle License 435 0 72 100
Construct Permits 632,799 747,500 329,514 541,500
Other Permits 209,951 7,000 4,131 133,000
Interest 240,445 100,000 0 100,000
Rents/Leases 28,447 27,000 19,967 28,450
Fines/Forfeits 8,077 10,000 1,013 2,000
Motor Vehicle Lic 491,236 525,000 309,462 525,000
Trailer Coach Fee 22,760 32,500 0 22,800
Cigarette Tax , 23,571 24,400 15,247 25,000
H.P.Tax Relief 14,048 10,000 8,510 14,000
P.O.S.T. 20,453 16,000 19,798 20,450
Hwy Carrier In -Lieu 232 270 6,519 3,130
Veh. Off Road 0 0 5094 8700
Traff.Safty.Grant 1,126 0 0 0
Emerg Tele Prog. 2,855 0 0 0
Sr.Citizens Grant 6,255 8,000 4,232 6,600
Zoning Fees 49,730 35,000 15,802 28,500
Subdivision Fees 74,264 55,000 36,577 50,000
General Plan Fees 35,567 3,000 1,661 2,300
Police Fees 3,317 3,000 3,027 4,000
Fire Fees 10,770 10,000 1,767 3,000
Plan Check Fees 351,224 285,000 204,947 301,000
Engineering Fees 338,843 310,000 84,701 144,000
Street Fees 21,606 10,000 69,164 10,700
Weed/Lot Cleaning 36,652 20,000 26,942 65,000
Sewer Connection 24,782 20,000 10,526 17,000
Other Service Chgs 2,225 32,500 14,610 15,000
Sale of Property 16,450 14,000 11,858 15,000
Contributions 2,591 1,000 477 800
Other Revenue 18,011 10,000 5,823 10,900
Annexation Fees,. 0 6,800 2,560 , 2,600
Waste Reduction 0 0 0 7,600
TOTAL GENERAL FUND 4,563,611 4,341,970 2,287,839 3,983,530
ACCOUNT
ACTUAL YTD ACTUAL PROJECTED
REVENUE ESTIMATED REVENUE REVENUE
1989-90 1990-91 1-31-91 1990-91
SEWER MAINT. & DEVELOPMENT
Interest 0 0 11,500
Sewer Permits 60,693 35,000 33,863 59,250
Sewer Maint. Fees 112,639 110,000 65,855 112,900
Other Revenue 0 0 897 1,000
TOTAL SEWER MAINT. 173,332 145,000 100,615 184,650
WORKERS COMPENSATION INSURANCE
Workers Compensation 131,381 0 29,925 60,000
GAS TAX FUND
Interest 20,156 0 0 23,320
Gas Tax 2106 265,735 76,800 42,159 72,300
Gas Tax 2107 135,000 56,855 97,500
Gas Tax 2107.5 3,000 4,000 4,000
Gas Tax 2105 0 6,461 11,000
TOTAL GAS TAX
MEASURE "A"
Measure A - Gas Tax
TOTAL MEASURE "A"
285,891 214,800
109,475 208,120
3,294 0 0 11,200
165,700 156,000 143,458 245,900
168,994 156,000
LOCAL TRANSPORTATION ART. 8
Interest
Article 8 Apportion 192,240
TOTAL ARTICLE 8
TRAFFIC SAFETY FUND
143,458 257,100
0 0 2,500
165,000 48,060 96,100
192,240 165,000
Interest 175 0
Vehicle Code Fines 74,562 100,000
TOTAL TRAFFIC SFTY 74,737 100,000 41,877 85,250
48,060 98,600
0
41,877
1,500
83,750
ACCOUNT
ACTUAL YTD ACTUAL PROJECTED
REVENUE ESTIMATED REVENUE REVENUE
1989-90 1990-91 1-31-91 1990-91
LIGHTING MAINTENANCE FUND
Interest 13,370 0 0 12,100
Taxes - Curent Secur 36,827 0 16,996 21,250
Taxes - Current Unse 0 CI 1,637 2,050
Taxes - Prior Years Cl 0 2,649 3,300
Taxes - Supplemental 903 0 403 505
Homeownr Tax Relief Cl 0 546 628
LLMD Assessment 121,824 160,000 76,224 160,000
TOTAL LLMD FUND
172,924 160,000
98,455 199,833
PARK DEVELOPMENT FUND
Park Development 83,556 60,000 44,670 60,000
Interest 0 0 0 14,050
TOTAL PARK DEVEL.
HCD - HUD FUND
83,556 60,000
HCD Grants 34,846
SWIMMING POOL FUND
44,670 74,050
350,000 0 222,286
Other Revneue 8,766 0 z , 760 8,700
Pool Admission 6,621 13,000 3,640 6,700
Pool Concessions 2,862 4,000 1,538 3,000
TOTAL SWIM POOL
18,249 17,000
PARKWAY DEVELOPMENT FUND
Parkway Dev. Fees
C.F.D. NO. 1
Taxes - Current
Taxes - Prior Years
Interest
TOTAL CFI) NO.
C.F.D. NO. 2
141,175 100,000
174,014
846
0
0
0
174,860 0
9,938 18,400
85,550 107,000
45,930
10,528
0
78,000
12,000
1,000
56,458 91,000
Interest 178,834 Ci 89,500
ACCOUNT
ACTUAL YTD ACTUAL PROJECTED
REVENUE ESTIMATED REVENUE REVENUE
1989-90 1990-91 1-31-91 1990-91
C.F.D. NO. 3
Taxes - Current 2,670 0
Other Revenue 41 0
TOTAL CFD NO. 3
FLOOD CONTROL
2,711 0
7,757
9,500
15,000
18,500
17,257 33,500
CIP-Storm Drains (2,436) 0
Interest 56,838 0 0 60,000
Flood Cntrl Impr 560,087 0 631,220 631,220
TOTAL FLOOD CONTROL -616,925
CAPITAL IMPROVEMENT FUND
CIP - Structures
CIP - Equipment
TOTAL CAPITAL IMPR.
0 628,784 691,220
52,378 50,000
52,378 50,000
TRAFFIC SIGNALIZATION FUND
18,306
4,336
18,306
4,336
22,642 22,642
Signalization 106,864 20,175 34,50(1
Interest 91,374 0 0 46,550
Improvements 0 0 35,330 58,850
TOTAL TRAF SIGNL 128,238 0 55,505 139,900
ASSESSMENT DISTRICT
Taxes - Current Secu
Interest
44,467 157,000 14,596 14,596
10,172 0 0 0
TOTAL ASSMT DISTRICT 54,639
CFD NC). 2 DEBT SERVICE
108,600
Taxes - Assessment
WATER SURCHARGE FUND
157,000
14,596 14,596
0 473,468 912,000
Surcharge Assessment 0 35,000 21,021 36,050
WATER CIP FUND
Capital Improvements 0 '35,000 46,456 46,456
ACCOUNT
ACTUAL YTD ACTUAL PROJECTED
REVENUE ESTIMATED REVENUE REVENUE
1989-90 1990-91 1-31-91 1990-91
WATER FUND
Connection Fees 223,562 22,000 34,568 59,250
Water Usage 773,705 720,000 495,543 850,000
Water Turn-ons 0 3,000. 1,200 2,050
TOTAL WATER FUND
997,267 745,000
ASSETS FC)RFEITURE/EVIDENCE MONIES
531,311 911,300
Adjudicated Funds 61,772 0 78,547
Interest 7870 0 0
Unadjudicated Funds 0 0 10,202
TOTAL FC)RFEITURES 69,642 0 88,749 0
REDEVELOPMENT PROJECTS FUND
Tax Increment 497,535 660,000 437,741 700,385
Low/Mod Hsng 127,953 0 0 175,100
Investment Earnings 718,017 0 187,315 768,500
TOTAL REDEVELOPMENT 1,343,505 660,000
625,056 1,643,985
REVENUE ALL FUNDS 9,768,535 7,491,770 5,581,165 10,158,968
CITY OF SAN JACINTO
EXPENDITURE COMPARISON
FISCAL YEAR 1990-91
Exprecap
FUND DEPARTMENT
1990-91
ADOPTED
BUDGET
2/28/91
EXPNDTURE
TO DATE
1990-91
MID -YEAR
PROPOSAL
BUDGET
INCREASE
(DECRS)
GENERAL FUND
1100
1200
1300
1400
1500
1600
1700
1900
2230
2250
2400
2500
3100
3200
3300
3400
3500
3600
4100
4150
4200
4400
4550
5100
6100
7100
7400
CITY COUNCIL
CITY MANAGER
CITY CLERK
FINANCE
CITY TREASURER
CITY ATTORNEY
PLANNING
CIVIC CENTER
FIRE INSURANCE
PERSONNEL
ANNEXATION
NON -DEPARTMENTAL
POLICE
FIRE
BUILDING SAFETY
ANIMAL CONTROL
CIVIL DEFENSE
COMMUNICATIONS
ENGINEERING
FUBLIC WORKS - ADM
STREETS
STREET SWEEPING
EQUIPMENT MAINTENA
HEALTH SERVICES
MUSEUM
PARKS
COMMMUNITY CENTER
19,470
98,018
13,375
107,948
835
32,800
260,288
34,380
36,610
62,593
6,800
14,950
1,959,591
761,738
260,878
39,306
8,250
210,957
29,040
114,096
104,178
39,082
70,692
1,000
8,390
39,517
78,096
TOTAL GENERAL FUND 4,412,878
14 SEWER FUND
4600 SEWER MINT. 117,458
4610 SEWER LIFT STATION 0
18 WORKER'S COMPENSATION
2350 W/C SELF INSURANCE 97,000
19 UNEMPLOYEMENT
2150 INSURANCE
6,000
14,197
73,230
9,891
38,754
565
19,842
141,685
56,841
713
31,014
12,013
9,391
1,374,307
540,968
148,110
24,393
0
112,260
64,722
41,684
38,417
23,197
41,836
0
4,023
21,227
53,019
2,896,899
72,300
43,713
2,772
30,240
81,710
13,122
83,069
1,155
30,700
178,150
75,689
35,000
79,340
18,6C)0
22,290
2,132,045
771,360
178,405
37,276
0
169,328
125,700
78,943
47,025
37,980
28,657
0
7,950
0
81,800
10,770
(16,308)
(253)
(24,879)
320
(2,100)
(82,138),
41,309
(1,610)
16,747
11,800
7,340
172,454
9,622
(82,473)
(2,030)
(8,250)
(41,629)
96,660
(35,153)
(57,153)
(1,102)
(42,035)
(1,000)
(440)
(39,517)
3,704
4,345,534 (67,344)
228,400
43,995
6,000
110,942
43,995
0
DEPARTMENT
20 LIABILITY
1990-91 2/28/91 1990-91 BUDGET
ADOPTED EXPNDTURE MID -YEAR INCREASE
BUDGET TO DATE PROPOSAL (DECRS)
2200 INSURANCE 357,900 25,814 357,900 0
21 GAS TAX
8210 ST. MAINTENANCE 375,300 24,326 362,245 (13,055)
22 MEASURE "A"
8220 ST. MAINTENANCE 719,500 89,525 426,320 (293,180)
23 TDA 8
8230 ST. MAINTENANCE 196,000 10,609 133,341 (62,659)
24 TRAFFIC SAFETY
8240 TRAFFIC SAFETY 85,549 48,814 45,650 (39,899)
25 LIGHTING MAINTENANCE
8250 ST, LIGHTING MAINT 256,466 81,129 236,855 (19,611)
26 INDUSTRIAL DEV, AUTHORITY
8260 ADMINISTRATION 0 9,283 9,283 9,283
28 PARK DEVELOPMENT
7150 PARK DEVELOPMENT 78,500 20,501 78,500 0
29 HCI)-HUD
8660 C.I).B.G. 348,786 144,184 222,286 (126,500)
31 SWIMMING POOL
8400 SWIMMING POOL 23,925 16,287 31,000
32 PARKWAY DEVELOPMENT
7250 PARKWAY DEVELOPMEN 45,000 18,200 45,000
35 CFD NO. 1
2500 CFD NO.1 0 1,851
36 CFD NO. 2
3,250
7,075
3,250
2500 CFD NO, 2 0 0
0
DEPARTMENT .
39 FLOOD CONTROL
8390 DRAINAGE PROJECT
1990-91 2/28/91 1990-91 BUDGET
ADOPTED EXPNDTURE MID -YEAR INCREASE
BUDGET TO DATE PROPOSAL (DECKS)
40 CAPITAL IMPROVEMENT PROJECT
0 28,117 35,000 35,000
2500 CAPITAL IMPROVMENT 294,100 44,574
42 ASSESSMENT DISTRICT
8500 A.D. 87-1
8501 A.U. 90-1
43 DEBT SVC-CFD NO. 2
73,221 (220,879)
117,700 95,940 98,198 (19,502)
0 35,197 40,000 40,000
2500 DEBT SERVICE 0 108,373 433,400 433,400 •
45 WATER SURCHARGE
9600 WATER TANK LOAN 13,600 11,675 11,700 (1,900)
50 WATER ADMINISTRATION
9000 WATER DEPT 629,937 371,347 702,805 72,868
91 REDEVELOPMENT
9700 SOBOBA 45,600 1,000 102,700 57,100
92 REDEVELOPMENT
9700 SOBOBA-DEPT SERVIC 19,000 0 30,000 11,000
96 REDEVELOPMENT
9700 CITY WIDE PROJECTS 117,009 83,273 100,000 (17,009)
99 REDEVELOPMENT
9700 LOW/MOD HOUSING 28,666 0 28,666
8,385.874 4,323,688 8,310,249 (75,625)