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HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 2/7/1995AGENDA SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND INDUSTRIAL DEVELOPMENT AUTHORITY AND THE SAN JACINTO FINANCING AUTHORITY DATE: February 7, 1995 TIME: 7:30 P.M. PLACE: COMMUNITY CENTER 625 SOUTH PICO SAN JACINTO, CALIFORNIA 1.0 CALL TO ORDER Roll Call Prayer of Invocation - Pastor Charles Webb Pledge of Allegiance 2.0 SPECIAL PRESENTATIONS 2.1 5 Year Service Awards - Bonnie Searles 2.2 Community Spirit Award 2.3 Recognition of Dave Ver Plank Planning Commissioner 1985 - 1994 2.4 Briefing on Early Times Mid -year Rod Run - Jennifer Venable 3.0 PUBLIC COMMENTS Any person may address the Council on any subject pertaining to city business not listed on the agenda, during this portion of the meeting. A limitation of three (3) minutes shall be set for each person desiring to address the Council. Convene the Redevelopment Agency in joint session with the City Council for the consideration of the following items: 1 i 4.0 REDEVELOPMENT AGENCY 4.1 Approval of 1993-94 Redevelopment Agency Audited Financial Report - Vega RECOMMENDATION: Acting in the capacity of the Redevelopment Agency, receive and file the attached 1993-94 Audited Financial Report. 4.2 PUBLIC HEARING - Resolutions Approving Sale of Redevelopment Agency Land - McNabb RECOMMENDATION: Acting in the capacity of the Redevelopment Agency approve the sale of Redevelopment Agency Property and the Disposition and Development Agreement with Fun Properties, A California Limited Liability Corporation subject to their obtaining financing and adopt Resolution No. RDA 95- approving the sale of Redevelopment Agency property with findings; and acting in the capacity of the City Council adopt Resolution No. 95- for the sale of Redevelopment Agency property with findings. RESOLUTION NO. RDA 95- A RESOLUTION OF THE SAN JACINTO REDEVELOPMENT AGENCY AUTHORIZING THE SALE OF REAL PROPERTY WITHIN THE SAN JACINTO REDEVELOPMENT PROJECT AREA PURSUANT TO DISPOSITION AND DEVELOPMENT AGREEMENT (DEVELOPER: FUN PROPERTIES, A CALIFORNIA LIMITED LIABILITY CORPORATION) RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SAN JACINTO AUTHORIZING THE SAN JACINTO REDEVELOPMENT AGENCY TO CONVEY REAL PROPERTY WITHIN THE SAN JACINTO REDEVELOPMENT PROJECT AREA (DEVELOPER: FUN PROPERTIES, A CALIFORNIA LIMITED LIABILITY CORPORATION) 5.0 CONSENT CALENDAR - CITY COUNCIL/REDEVELOPMENT AGENCY 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. 2 Anyone wishing to discuss a Consent Calendar item should come forward, upon invitation of the Mayor, state their name, address and the Consent Calendar item number. Speakers should limit comments to three (3) minutes. 5.1 Minutes - Regular Meeting of January 17, 1995 RECOMMENDATION: Approve the minutes for the Regular Meeting of January 17, 1995, as presented. 5.2 Warrant Register RECOMMENDATION: Approve warrant numbers 39489 through 39638 dated January 31, 1995 in the amount of $1,290,068.60 and Payroll check numbers 4521 through 4616 dated January 20, 1995. 5.3 Treasurer's Report - December 1994 RECOMMENDATION: Receive and file. 5.4 Reduction of Performance Bond, Tract 24052 Location: Treasurers at Rancho San Jacinto, generally east of Arroyo Viejo and south of Commonwealth Avenue RECOMMENDATION: Reduce the bond #35M-775-672-00 for Tract 24052 by $122,338.15 (22 percent), from $563,508.00 to $441,170.35. 5.5 Calling of Street Improvement Bonds. Tract 24713 Location: Annendale Park, North Side of Idyllwild Drive, West of Tiger Lane RECOMMENDATION: Call the bonds to complete the street cap, fog seal and blue dot markers. 5.6 Approval of First Amendment to Office on Agira Contract with County of Riverside RECOMMENDATION: Approve the First Amendment to the Office on Aging Contract between the County of Riverside and the City of San Jacinto, to change the term of the contract to one year. 5.7 California Disabled Access Discrimination Complaint Procedure RECOMMENDATION: Adopt Resolution No. 95- establishing a disabled access discrimination complaint procedure for the City, pursuant to California Government Code Sections 4450, et. sec., and Health and Safety Code Sections 19955, et. sec. 3 RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SAN JACINTO ESTABLISHING A COMPLAINT PROCEDURE FOR INVESTIGATION OF DISABLED ACCESS COMPLAINTS 5.8 Tax Sale of 393 S. Kirby Street, and Acquisition thereof for Park Land RECOMMENDATION: Adopt Resolution No. 95- objecting to the public sale of tax defaulted property located at 393 S. Kirby Street, offering to purchase the property and stating the public purpose for which the property is to be devoted. RESOLUTION NO. 95- A RESOLUTION OF THE CITY OF SAN JACINTO OBJECTING TO PUBLIC SALE OF CERTAIN TAX DEFAULTED PROPERTY LYING WITHIN THE CITY OF SAN JACINTO, OFFERING TO PURCHASE THE PROPERTY AND STATING THE PUBLIC PURPOSE FOR WHICH THE PROPERTY IS TO BE DEVOTED END OF CONSENT CALENDAR Motion by: Seconded by: to approve consent calendar items 5.1 through 5.8 and adopt Resolution No. 95- through Resolution No. 95- Adjourn the Redevelopment Agency and continue acting in the capacity of the City Council for the remainder of the agenda. 6.0 PUBLIC HEARINGS 7.0 CITY DEPARTMENTS 7.1 Request for Fee Waiver by Chamber of Commerce for Annual Carnival - H u lts RECOMMENDATION: Staff recommends the City Council allocate funds for the Chamber of Commerce Carnival in an amount the Council deems appropriate. 7.2 Approval of the 1993-94 Audited Financial Report Vega RECOMMENDATION: Receive and file the attached 1993-94 Audited Financial Report. 4 7.3 Hwy 79 Update and Authorization to Submit Highway Construction Grant Applications to RCTC - McNabb/Evans RECOMMENDATION: Advise staff as appropriate regarding Highway 79, approve list of highway projects to be submitted to RCTC. 7.4 Review of Proposed Sign Guidelines - Hults RECOMMENDATION: Receive for information, and provide direction to staff as appropriate. 8.0 MAYOR/COUNCILMEMBER REPORTS/DISCUSSIONS 8.1 Briefing on January 20, 1995 Ramona Pageant Community Committee Meeting - Oaks 8.2 Report on Western Riverside Council Of Government (WRCOG) Conference - Leahy 8.3 Discussion of FEMA Funds (Lake Park Drive) - Leahy 8.4 Consideration of Appointing an Ad Hoc Recycling Committee 9.0 CLOSED SESSION 9.1 Conference with Real Property negotiator pursuant to Government Code Section 54956.8 Property: Superblock, Area East of San Jacinto St. bounded by Esplanade & Commonwealth Negotiating Parties: Cantu, Lin, Carlson, Parker, Gorman, Delgado, Peterson, Kranz, Urick Under Negotiation: Price and terms. 9.2 Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956.9,1 case 5 10.0 ADJOURNMENT Motion by: Vote: Seconded: Action: to adjourn. I, Bob Wilson, City Clerk of the City of San Jacinto, do hereby certify that I caused to be posted the foregoing agenda this 2nd day of February, 1995, as required by law. 7) ep ty City Clerk an � 1�:=�1� 1`4• • r LE 5 A N JACINTO Staff Report TO: Honorable Mayor and Members of the City Council FROM: Gene Price, Interim Fire Chief Es3' Via: Pamela S. Easter, City Manager DATE: February 7, 1995 RE: Community Spirit Award The Fire Department conducted its annual Christmas Food Drive last December to provide meals for needy families in the community. Some organizations in the Valley made donations of food and toys to assist us in our efforts. We would like to present these organizations with a COMMUNITY SPIRIT AWARD for their participation. Without their help, the Fire Department would not have been able to provide assistance to over sixty families. The organizations are: Soboba Springs Mobile Estates 2230 Lake Park Drive Donated over 1,000 cans of food which started our Food Drive. Soboba Springs Ladies Auxiliary 2230 Lake Park Drive Donated food, toys, and money to our program. Shari's Restaurant 2100 West Florida Donated $1,000 to the Food Drive. Stater Bros. Market #121 1539 San Jacinto Donated all paper bags and gave a discount on Christmas hams that were purchased. Stater Bros. Market #75 3200 West Florida Sold boxes of food in damaged containers for at minimal cost. Montage Neighborhood Watch Residents Over 90 families participated in the Fire Department Food Drive. 111 67S A N JACINTO ,-tul....-;-;4DA 4. Li Staff Report TO: FROM: DATE: Honorable Mayor an Members of the City Council Pam $� caster, City Manager February 7, 1995 RE: EARLY TIMES MID -WINTER ROD RUN Staff has asked a member of the Rod Run Committee to make a brief presentation at your February 7th Council meeting of the upcoming February 24-26th Rod Run to be held at Hemet Ryan Airport. I have attached information that we received about the event, via FAX, earlier this week. At this point, no financial assistance/contribution has been requested, although I am sure it would be accepted. • JAN-28-1995 15:21 FROM HEMET UHLLFY FLYING SERV. IO 543728 H.02 r W I'y EARLY TIMES MID -WINTER ROD RUN FEB 24-26TR, 1995 AT HEMET-RYAN AIRPORT EVENING CONCERTS SPONSORED BY HEMET RYAN AVIATION HEMET VALLEY FLYING SERVICE SKYDIVING ADVENTURES,INC PROUDLY PRESENTS: FRIDAY EVENING, FEB 24- CLASSIC ROCK ALL STARS TICKETS $10.00 SATURDAY EVENING, FEB 25- MARSHALL TUCKER BAND TICKETS $15.00 SATURDAY EVENING CONCERT VIP TICKETS (LIMITED SEATED) $30.00 CONCERT TIMES: 8:OOP.M_ TO 1:00A.M. TICKETS FOR BALE AT THE FOLLOWING LOCATIONS NOW !!! CONTACT NAMES NOT FOR PRINT OR PUBLIC USE.THANK YOU HEMET CHAMBER OF COMMERCE-(909) 658-3211 LINDA KRUPA SAN JACINTO CHAMBER OF COMMERCE-(909) 654-9246 PATSY DRUSKY VALLEY WESTERN STORE-(909) 658-2341 WARREN ROSS THE ARRANGEMENT GALLERY FLORIST-(909) 652-9234 RICK HEMET WAL-MART-(909) 766-1164 KEN SKYDIVING ADVENTURES-(909) 925-8197 ROBIN HEMET RYAN AVIATION-(909) 925-7618 RANDY THE WHEREHOUSE-(909) 925-8585 LOREN KOFFMAN INCREDIBLE EDIBLES-(909) 925-4841 CONNIE BARGAIN BULLETIN-(909) 765-2157 SUSAN CORDOVA'S HAIR SALON-(909) 652-2729 IRENE CLUB CALIFORNIA-(909) 652-CLUB GUS OR NATALIE MT. SAN JACINTO COLLEGE BOOK STORE-(909) 654-8011 X1281 TOM KATY FM RADIO- (714) 927-8099 DIANE 24 HOUR INFORMATION HOTLINE (909) 658-3599 HEMET CHAMBER OF COMMERCE 0013. SPONSOR INFORMATION $1,000.00- INCLUDES EXTENSIVE (INCLUDES LIVE REMOTE) RADIO ADVERTISING, BANNER DISPLAY 2 DAYS, NEWSPAPER AND FLYER ADVERTISING. $500.00- INCLUDES RADIO ADVERTISING AND NEWSPAPER ADVERTISING, BANNER DISPLAY 1 DAY. $300 INCLUDES BANNER DISPLAY BOTH NIGHTS. $125 INCLUDES BANNER DISPLAY FRI FEB 24TH. $175 INCLUDES BANNER DISPLAY SAT FEB 25TH. THANK YOU FOR PARTICIPATING. THIS IS OUR SECOND TIME ORGANIZING THIS EVENT. WE ARE CONFIDENT IN THE TURN -OUT. MANY SPONSORS ARE JUMPING ABOARD WHICH WILL MAKE THIS EVENT BENEFICIAL FOR EVERYONE. I WILL BE CONTACTING YOU TO WORK OUT THE DETAILS. FEEL FREE TO CALL ME AT (909) 658-3284 PAGER (909) 766-3482 SINCERELY, JENNIFER VENABLE i •1iziD 4. 1 1 STAFF REPORT TO: Honorable Chairman and Members of the Executive Board FROM: Anna Vega, Finance Director Via Pamela S. Easter, Executive Director SUBJ: Redevelopment Agency 1993-94 Audited Financial Report DATE: February 7, 1995 RECOMMENDATION Receive and file the attached 1993-94 Audited Financial Report. BACKGROUND Mike Harrison of Conrad & Associates, the City's Auditor will be present to discuss and answer question that the Board has regarding the Redevelopment Agency's audited financial report. • 0 • • • Cara • TO: FROM: DATE: SUBJECT: CITY OF SAN JACINTO STAFF REPORT Honorable Mayor and City Council Members Pamela S. Easter, City Manager via Brian McNabb, Director of Community Development February 7, 1995 RESOLUTIONS APPROVING SALE OF REDEVELOPMENT AGENCY LAND NEIGHBORHOOD Rose Ranch RECOMMENDATION Staff recommends that: (1) Redevelopment Agency approve the sale of Redevelopment Agency Property and the Disposition and Development Agreement with Fun Properties, A California Limited Liability Corporation subject to their obtaining financing and adopt the attached resolution approving the sale of Redevelopment Agency property with findings; and, (2) City Council adopt the attached resolution for the approval of sale of Redevelopment Agency property with findings. SALE OF PROPERTY REPORT 3.1 ACRES - ESPLANADE AVENUE Introduction Based on Section 33433 of the Health and Safety Code, the Redevelopment Agency is required to conduct a public hearing prior to the sale or lease of property acquired with tax increment. As part of this process, the Agency must prepare a report that provides information on four factors in a summary fashion. These factors are: City Council Staff Report February 7, 1995 Page 2 1. The cost of the agreement to the agency, including land acquisition costs, clearance costs, relocation costs, the costs of any improvements to be provided by the agency, plus the expected interest on any loans or bonds to finance the agreement; and, 2. The estimated value of interest to be conveyed or leased, determined at the highest and best uses permitted under the plan; and, 3. The estimated value of the interest to be conveyed or leased, determined at the use and with the conditions, covenants, and development costs required by the sale or lease; and, 4. An explanation of why the sale or lease of the property will assist in the elimination of blight, with reference to all supporting facts and materials relied upon in making the explanation. This report has been made available to the public on January 7, 1995 which was the same date as the first notice of the hearing mandated by this section of the Health and Safety Code. Additionally, the report must provide a copy of the proposed sale or lease document. The terms of the sale are included in the Disposition and Development Agreement and are summarized herein: r Agency 1. Developer to receive approximately 3.1 acres of land from the Agency. 2. Loan $300,000 for construction. 3. Defer payment of mitigation fees in amount of $27,484. 4. Agency shall complete the paving of Entrada Road from San Jacinto Avenue to the site. Redeveloper acknowledges that Agency does not presently own the Southerly portion of the Entrada and is presently negotiating toward purchase of the necessary land to complete this provision. Agency shall use reasonably diligent efforts to acquire the land and to complete these improvements at the earliest time. City Council Staff Report February 7, 1995 Page 3 Developer 1. As consideration for the purchase of the land conveyed herein by Agency, Redeveloper shall pay to Agency the sum of $300,000 which shall be paid pursuant to a note secured by deed of trust upon the real property conveyed. The note shall have a 12 year term, shall bear a 6% interest rate. Principal and interest shall be paid upon a 10 year amortization in annual payments commencing the first day of the month following the 30 month anniversary of conveyance to Redeveloper to Agency. The note and deed of trust shall be in substantial form as the Exhibit "G" of the DDA. 3. Redeveloper shall develop the site with a skating rink consisting of approximately 24,000 square feet. The development shall include all parking, landscaping, furnishings, fixtures and equipment necessary for the skating rink. Development shall be made in accordance with City approved site, construction plans in accordance with the DDA. Redevelopment shall also construct two outdoor roller hockey rinks. 4. Redeveloper and its successors shall maintain and repair the site and all improvements thereon. 5. Redeveloper shall pay all fees for permits and developer fees imposed by the City of San Jacinto and other utility or public entities, in connection with work performed on the site or uses maintained thereon. 6. Pay a fee based on admissions to the facility. 7. Provide regularly scheduled hours of "free" time on outdoor rink to City residents. These hours are to be negotiated with the City. 8. Pay to the agency the sum of $27,484 pursuant to a note secured by deed of trust upon the real property conveyed. 9. Construction and maintenance of the project shall be made in accordance with all zoning, parking, building, design, signage, nuisance, or other laws and regulations of the City of San Jacinto. 10. Redeveloper shall obtain its own financing for all improvements required under this agreement. 11. The site shall be annexed into C.F.D. No. 3, providing for public safety, and Redeveloper shall pay annual assessments. City Council Staff Report February 7, 1995 Page 4 12. Redeveloper shall comply with all other obligations and requirements imposed upon it pursuant to this DDA. 13. Redeveloper shall be responsible for upgrade of water utility facilities upon the site as may be required by EMWD to establish sufficient water flows and fire flows. 14. Redeveloper shall provide reciprocal access to other uses. At the joint public hearing, if the Agency board and the City Council approve the sale and the board approves the Disposition and Development Agreement, the board and the City Council must adopt resolutions that contain the following findings: That the sale or lease of the property will assist in the elimination of blight; and, The consideration is not less than fair market value at its highest and best use; or, The consideration is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale or lease. Factor 1 - Cost of the Agreement to the Agency The following costs have been or will be incurred by the agency as part of the facilitating of the development of a skating complex by Fun Properties Corporation 1. Land Acquisition $607,662 The vacant property is currently in escrow specifically for the development of an entertainment complex. The site is clear of structures and there are no relocation costs. The total site is 4.65 acres. The Agency is retaining approximately two-thirds acre for future development and .88 acres for roadway development. The Agency is loaning $300,000 for 30 months at 6% interest, amortized over 10 years. The total payments received will be $465,813.23. The Agency will also receive a minimum of $5,000 in tax increment and the City will receive approximately $3,000 in annual sales tax from this project. The life of the project is the life of the Redevelopment Plan. 2. Acquisition of right of way and adjacent property $305,792 The Agency has been planning infrastructure adjacent to the proposed site. The Phase I construction is part of the total public improvements necessary around the Superblock. In general, the improvements include widening San Jacinto Avenue similar to what it looks like in front of Stater Bros; finishing Esplanade Avenue; and building Commonwealth Avenue. The actual improvements include curb, gutter, sidewalk, water and sewer mains, and storm drains. These improvements will take place incrementally as revenues are City Council Staff Report February 7, 1995 Page 5 available and Superblock uses develop. The Entrada is the main entry into the Superblock. Half of the Entrada is constructed adjacent to Stater Bros. The southerly two lanes are to be constructed as part of the Phase I development. Ultimately it will serve the other retail and entertainment uses on the block. The balance of the property, approximately two-thirds acre, will be developed as a park. Factor 2 - Estimated Value of Conveyance - Highest and Best Use The property is being purchased by the Agency in 1995 from private owners. The purchase price was $4.50/sq. ft. The property was zoned C-2 and could be used for office or retail based on its zoning and General Plan designations. The Redevelopment Plan for this area follows the land use requirements established within the General Plan and applicable City zoning ordinances. If the property was to be conveyed based on appraised value of C-2 uses, the property could be sold for approximately $4.50/sq. ft. However, there is much vacant commercial property within San Jacinto, some with better locations. In this economy, there are few property transfers taking place. It is doubtful a sale would take place at $4.50/sq. ft. or at any other price. However, Fun Properties Corporation has agreed to an admission fee as a trade off for the land. The value of this admission fee over 20 years is approximately $740,000. Factor 3 -Elimination of Blight Based on a windshield survey, and review of the goals of the San Jacinto Redevelopment Project, it was determined that the development of the skating complex be appropriate to meet the objectives of the redevelopment plan. The area is characterized with the following blight conditions: No sidewalks, curbs and gutters along most of the existing streets. Deteriorating street pavement Lack of shopping and recreational facilities for the residents of the project area along San Jacinto Avenue Non conforming uses Lack of revenue generators The development of the subject site is part of a larger plan to eliminate these blighting characteristics from this part of the project area. City Council Staff Report February 7, 1995 Page 6 The Agency is committed to eliminating both physical and economic blight in the project area. To this goal the Agency is encouraging the development of a Family Entertainment Center, which includes Fun Properties project. This project will serve the entire San Jacinto Valley with a population of approximately 160,000 people. Currently there is another rink to serve the Valley. Three factors influence the value of this property negatively related to the development of a skating rink. The existence of the skating rink in Hemet negatively impacts market share and therefore, profitability. Secondly, the subject site lacks retail synergism that other sites have. Surrounding the San Jacinto site are two grocery stores and a post office. A twelve screen theatre is under construction. Third, the market is considered somewhat weak due to its preponderance with senior citizens, few of whom skate. Therefore development costs must be minimized to help stay profitable. However, the fee structure in the Valley is high, relative to the strength of the market. The overall fees for the skate rink proposal are approximately $60,000. CCRPT-94\Esplanad. Lnd REDEVELOPMENT AGENCY RESOLUTION NO. A RESOLUTION OF THE SAN JACINTO REDEVELOPMENT AGENCY AUTHORIZING THE SALE OF REAL PROPERTY WITHIN THE SAN JACINTO REDEVELOPMENT PROJECT AREA PURSUANT TO DISPOSITION AND DEVELOPMENT AGREEMENT (DEVELOPER: FUN PROPERTIES, A CALIFORNIA LIMITED LIABILITY CORPORATION. WHEREAS, the San Jacinto Redevelopment Agency (the "Agency") wishes to encourage the rehabilitation of land and buildings within its Project Area for the elimination of blight. The encouragement of the construction of new commercial, retail and entertainment uses within the Project Area will encourage and promote a more secure financial climate within the Project Area, create job opportunities, secure attractive and quality construction, and provide needed retail and entertainment opportunities to citizens within the Project Area; and WHEREAS, the San Jacinto Redevelopment Agency owns approximately 4.65 acres of land described in Exhibit A, and now desires to convey 3.1 acres of said property (the "Site") to Fun Properties Corporation (the "Developer") pursuant to the terms of a Disposition and Development Agreement between the Agency and Developer, to provide for the construction of a roller skating complex; and WHEREAS, the proposed use of the Site, as contemplated in the Agreement, is within the permitted uses and applicable zoning of the property and furthers the goals of the Redevelopment Plan; and WHEREAS, California Community Redevelopment law requires the preparation of a report documenting and summarizing the reason, basis, terms and effects of the sale as they may relate to the elimination of blight, for properties originally obtained with tax increment monies, and for the approval by the City Council of San Jacinto; and WHEREAS, the City Council of the City of San Jacinto has concurrently herewith approved the conveyance by the Agency, pursuant to Section 33433 of the Health and Safety Code; and WHEREAS, a public hearing, duly published and noticed, was held on February 7, 1995, at which time evidence was received and objections, if any, considered: NOW, THEREFORE, IT IS HEREBY RESOLVED by the San Jacinto Redevelopment Agency as follows: Section 1. The facts stated in the above recitals are found to be true and correct and all proceedings herein have been conducted in accordance with applicable law and procedure. Section 2. The San Jacinto Redevelopment Agency does hereby approve the sale of the within described property in accordance with the terms and conditions stated within the Disposition and Development Agreement, which is concurrently and hereby approved. Section 3. The San Jacinto Redevelopment Agency hereby finds as true, the content and representations of the Report, presented at the hearing by the Agency's staff. In furtherance thereof, the Agency specifically makes the following findings: a. The conveyance of the within described property as proposed in the Disposition and Development Agreement, will assist in the elimination of blight. b. The consideration for the sale is not less than the fair market value of the property at the use and with the covenants and conditions and development costs authorized by the sale and the Disposition and Development Agreement. MOVED, PASSED AND ADOPTED this 7th day of February, 1995, upon the following vote: AYES: NOES: ABSTAIN: ABSENT: Agency Chairperson ATTEST: Agency Secretary CERTIFICATION The foregoing is certified to be a true copy of Resolution No. duly adopted by said Redevelopment Agency of the City of San Jacinto on the date set forth therein. Agency Secretary RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SAN JACINTO AUTHORIZING THE SAN JACINTO REDEVELOPMENT AGENCY TO CONVEY REAL PROPERTY WITHIN THE SAN JACINTO REDEVELOPMENT PROJECT AREA (DEVELOPER: FUN PROPERTIES, A CALIFORNIA LIMITED LIABILITY CORPORATION) WHEREAS, the San Jacinto Redevelopment Agency (the "Agency") wishes to encourage the rehabilitation of land and buildings within its Project Area for the elimination of blight. The encouragement of the construction of new commercial, retail and entertainment uses within the Project Area will encourage and promote a more secure financial climate within the Project Area, create job opportunities, secure attractive and quality construction, and provide needed retail and entertainment opportunities to citizens within the Project Area; and WHEREAS, the San Jacinto Redevelopment Agency owns approximately 4.65 acres of land described in Exhibit A and now desires to convey 3.1 acres of said property (the "Site") to Fun Properties Corporation (the "Developer") pursuant to the terms of a Disposition and Development Agreement between the Agency and Developer, to provide for the construction of a roller skating complex; and WHEREAS, the proposed use of the Site, as contemplated in the Agreement, is within the permitted uses and applicable zoning of the property and furthers the goals of the Redevelopment Plan; and WHEREAS, California Community Redevelopment Law requires the preparation of a report documenting and summarizing the reason, elimination of blight, for properties originally obtained with tax increment monies; and WHEREAS, the City Council of the City of San Jacinto must approve the conveyance by the Agency of the Site, pursuant to Section 33433 of the Health and Safety Code; and WHEREAS, a public hearing, duly published and noticed, was held on February 7, 1995, at which time evidence was received and objections, if any, considered: NOW, THEREFORE, IT IS HEREBY RESOLVED by the San Jacinto City Council as follows: Section 1. The facts stated in the above recitals are found to be true and correct and all proceedings herein have been conducted in accordance with applicable law and procedure. Section 2. The City Council of the City of San Jacinto does hereby approve the sale of the within described property in accordance with the terms and conditions stated within the Disposition and Development Agreement which is concurrently and hereby approved for consideration and adoption by the Agency. Section 3. The City Council hereby finds as true, the content and representations of the Report, presented at the hearing by the Agency's Staff. In furtherance thereof, the Council specifically makes the following findings: a. The conveyance of the within described property as proposed in the Disposition and Development Agreement, will assist in the elimination of blight. b. The consideration for the sale is not less than the fair market value of the property at the use and with the covenants and conditions and development costs authorized by the sale and the Disposition and Development Agreement. MOVED, PASSED AND ADOPTED this 7th day of February, 1995, upon the following vote: AYES: NOES: ABSTAIN: ABSENT: Mayor ATTEST: City Clerk CERTIFICATION The foregoing is certified to be a true copy of Resolution No. duly adopted by said City Council of the City of San Jacinto on the date set forth therein. City Clerk REDEVELOPMENT DISPOSITION AND DEVELOPMENT AGREEMENT ARTICLE 1 PARTIES AND DATE 1.1 This Agreement is entered into as of the date and year hereinbelow written between the Redevelopment Agency of the City of San Jacinto (the "Agency"), a public body, corporate and politic, and Fun Properties, a California Limited Liability Corporation (the "Redeveloper"). ARTICLE 2 RECITALS 2.1 The City Council of the City of San Jacinto (the "City") has established the Agency and has approved and adopted a Redevelopment Plan (the "Redevelopment Plan") for a redevelopment project known as the Redevelopment Project Area (the "Project" or "Project Area") by its adoption of Ordinance 754 pursuant to the provisions of Sections 33000 et. seq., of the California Health & Safety Code (the "California Community Redevelopment Law"). 2.2 Agency is undertaking a program under the California Community Redevelopment Law for the redevelopment, replanning and redesign of blighted areas within the Project Area with stagnant, improperly utilized and unproductive land which requires redevelopment in the interest of health, safety, morals and general welfare of the people of the City. 2.3 Agency is desirous of carrying out the Redevelopment Plan for the Project by providing for the development of a commercial, retail, and entertainment site (the "Site") and has determined that the development of the Site for such uses pursuant to the terms and conditions of this Agreement is in the best interests of the taxpayers and residents of the City and will otherwise promote the public health, safety, morals and general welfare of the City's residents and is in accordance with federal, state and local laws and regulations. ARTICLE 3 TERMS OF AGREEMENT 3.1 Public Purpose of this Agreement. The purpose of this Agreement is to implement the Redevelopment Plan for the Project 1 by providing for the development of the Site as a commercial entertainment and skating rink to be included within the boundaries of the Project Area. The development of the Site for commercial, retail, and entertainment uses pursuant to this Agreement is in the best interests of the City and the health, safety, morals and welfare of its taxpayers and residents and in accordance with the public purposes of federal, state and local laws and regulations. Implementation of this Agreement will further the goals and objectives of the Redevelopment Plan and City's General Plan by strengthening the City's commercial uses and providing a catalyst for additional private investment in the Project Area and increased public use of and access to additional commercial facilities. 3.2 San Jacinto Redevelopment Plan. This Agreement is subject to the provisions of the Redevelopment Plan which was approved and adopted by the City Council of the City of San Jacinto on June 28, 1983, by Ordinance No. 754. The Redevelopment Plan, as it now exists, is incorporated herein and made a part hereof by reference. 3.3 The Redevelopment Project Area. The Redevelopment Project Area is located in the area defined in the Plan as Subproject Areas B and F of the City of San Jacinto, California, and the Project's boundaries are specifically described in the Redevelopment Plan of the City for the Project Area. 3.4 The Site. The Site is that portion of the Project Area shown on the Site map, attached and incorporated herein as Exhibit "A", and is more particularly described in Exhibit "B" attached hereto and incorporated herein. The Sales Property on which Redevelopment Project will be constructed, is comprised of that portion of the Site identified as Lot #1 on the Site Map (Exhibit "A"), consisting of approximately two and one-half acres, the exact location of which shall be identified through escrow. After acquisition of the Sales Property, the Redeveloper shall improve and develop such lot with a 24,000 square foot skating rink and entertainment center with outdoor skating area, as provided in the Undertakings of Redeveloper (Exhibit "C"), and in accordance with development plans to be approved by Agency and City. By this Agreement also, the Agency shall perform the items listed in the Undertakings of Agency (Exhibit "D"). 3.5 Parties to this Agreement. 3.5.1 The Agency. The Agency is a public body, corporate and politic, exercising governmental functions and powers, and organized and existing under the Community Redevelopment Law of the State of California. 2 The offices of the Agency are located at 201 East Main Street, San Jacinto, California 92583. "Agency" as used in this Agreement, includes the Redevelopment Agency of the City of San Jacinto and any assignee of or successor to its rights, powers and responsibilities. 3.5.2 The Redeveloper. The Redeveloper is Fun Properties. The principal office of the Redeveloper for purposes of this Agreement is 12356 Central Avenue, Chino, California 91710. Notwithstanding any other provisions hereof, all of the terms, covenants and conditions of this Agreement shall be binding on and shall inure to the benefit of the Redeveloper and the permitted successors and assigns of the Redeveloper according to their terms and application. Whenever the term "Redeveloper" is used herein, such term shall include any permitted nominee, assignee or successor in interest as herein provided. The qualifications and identity of the Redeveloper, including its present general partners, and its personnel having managerial and operational control, are of particular concern to the City and the Agency and it is because of such qualifications and identity that the Agency has entered into this Agreement with the Redeveloper. No voluntary or involuntary successor in interest of the Redeveloper shall acquire any rights or powers under this Agreement except as expressly set forth herein. Except as otherwise expressly set forth in this Agreement, the Redeveloper shall not assign all or any part of this Agreement without the prior written approval of the Agency. Pending Agency's issuance of the Certificate of Completion, Agency's approval shall first be obtained prior to any change in majority ownership of Redeveloper, or change in general partner(s), or any substantial change in managerial or operational control. Agency's approval shall not be unreasonably withheld provided Agency receives adequate assurance that its rights under this Agreement will not be impaired. ARTICLE 4 DISPOSITION OF THE PROPERTY AND CONDITIONS OF TRANSFER 4.1 Conditions of Transfer. Redeveloper hereby acknowledges that title to the real property anticipated to be 3 transferred in this Agreement, is currently not owned by Agency and that Agency is now endeavoring to purchase the same by negotiation with the property owners. This Agreement, including all obligations of the Agency hereunder, are conditioned upon Agency's successful purchase of the real property, by negotiated purchase. Agency shall use reasonably diligent efforts toward accomplishing the purchase. In the event Agency has not acquired title to the Property by April 1, 1995, this Agreement shall become null and void with no obligation or liability of the parties hereto of one to the other. The schedule of performance (Exhibit "E") shall be adjusted to accommodate for additional times required for the Agency to acquire title to the Property. By agreement of the parties, the time within which Agency shall acquire title to the Property, may be extended. 4.2 Acquisition of Property by Redeveloper. In accordance with and subject to all the terms, covenants and conditions of this Agreement and if timely acquired, the Agency agrees to deed the Property to the Redeveloper and the Redeveloper agrees to accept the Property from the Agency. The undertakings of the Redeveloper under this Agreement, including the redevelopment of the Property, and construction, operation and maintenance of a commercial skating rink and entertainment center and appurtenant facilities to be developed on the Property as provided in this Agreement, are part of the consideration running to the Agency. 4.3 Escrow. Once the real property is timely acquired by the Agency, the Agency agrees to open an escrow for the conveyance of the Property with Continental Lawyers Title, or any other escrow company approved by the Agency and the Redeveloper, as escrow agent (the "Escrow Agent"), within the time established in the Schedule of Performance (Exhibit "E"). This Agreement constitutes the joint escrow instructions of the Agency and the Redeveloper, and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of escrow. The Agency and the Redeveloper shall provide such additional escrow instructions as shall be necessary and consistent with this Agreement. The Escrow Agent is authorized to act under this Agreement, and upon indicating its acceptance of the provisions of this Agreement within thirty (30) days after the opening of escrow, shall carry out its duties as Escrow Agent hereunder. 4.3.1 Redeveloper's escrowEscrow theFees Escrowand AgentCosts. theThe following Redeveloper shall pay fees, charges and costs promptly after the Escrow Agent has notified the Redeveloper of the amount of such fees, charges and costs, but not earlier than ten (10) days prior to the scheduled date for the close of escrow: 4 1. One-half of the escrow fees; 2. The premiums for any and all title insurance policies, (and special endorsements desired by the Redeveloper, including a standard CLTA Policy insuring the title for a reasonable market value to be determined in the discretion of the Redeveloper. 3. Any state, county or city documentary stamps and transfer taxes; (this is seller's cost in Southern California). Public bodies are exempt, but some county recorders may hold buyer liable; 4. Usual buyer's document drafting and recording charges. 5. Any costs attributable to the documentation, preparation, and recording of the notes and deeds of trust evidencing the loans to Developer from Agency as described in Exhibit "C" and "D". 4.3.2 Agency's Escrow Fees and Costs. The Agency shall pay in escrow to the Escrow Agent the following fees, charges and costs promptly after the Escrow Agent has notified the Agency of the amount of such fees charges and costs, but not earlier than ten (10) days prior to the scheduled date for the close of escrow. 1. Costs necessary to place the title to the Sales Property in the condition for conveyance required by the provisions of this Agreement. 2. One-half of the escrow fee; 3. Costs of drawing the deed, if not prepared by Agency Counsel; 4. Pro -rated ad valorem taxes due, if any, for the period prior to close of escrow; 5. Seller's usual document drafting and recording charges. 4.4 Conditions for Close of Escrow. Escrow Officer shall be entitled to proceed to close escrow upon the delivery of documents and fees as hereinbefore described and upon receipt by him/her of written certification from Redeveloper and from Agency's Board, that the following conditions have been satisfied: a) Agency shall have certified that Redeveloper has provided the following to Agency: 5 i) Sufficient documentation as to satisfy Agency of Redeveloper's financial responsibility and ability to construct the contemplated project and to carry out its other responsibilities, including construction loan commitments, and ability for repayment of loans made to Redeveloper by Agency, and all other obligations under this Agreement. Should Redeveloper fail to provide such sufficient documentation to Agency within ten (10) days after opening of escrow, Agency may terminate this Agreement without any obligation or liability to Redeveloper, excepting Agency's share of fees and costs payable to the Escrow Holder. b) Redeveloper shall have certified that Redeveloper has approved and accepted the conditions of the title to the real property pursuant to paragraph 4.7 below. 4.5 Authorization of Escrow Agent. The Escrow Agent is authorized to: 1. Pay and charge the Agency and the Redeveloper, respectively, for any fees, charges and costs payable under this Article 4. Before such payments are made, the Escrow Agent shall notify the Agency and the Redeveloper of the fees, charges and costs necessary to clear title and close the escrow. 2. Disburse funds and deliver the deed, notes and trust deeds and other documents to the parties entitled thereto when the conditions of this escrow have been fulfilled by the Agency and the Redeveloper. Such funds shall not be disbursed and delivered by the Escrow Agent unless and until it has recorded the grant deed to the Sales Property and has delivered to the Redeveloper a title insurance policy insuring title and conforming to the requirements of Sections 4.8 of this Agreement; and 3. Record any instruments delivered through this escrow, if necessary or proper, to vest title in the Redeveloper in accordance with the terms and provisions of this Agreement. All funds received in the escrow shall be deposited by the Escrow Agent with other escrow funds of the Escrow Agent in a general escrow account or accounts with any state or national bank doing business in the State of California. Such funds may be transferred to any other such general escrow account or accounts. All pro -rations required under this Agreement shall be made on the basis of a 30-day month. If this escrow is not in condition to close before the time for conveyance established in Exhibit "E" of this 6 Agreement, either party who then shall have fully performed the acts to be performed before the conveyance of title may, in writing, terminate this Agreement in the manner set forth in Sections 7.3.1 and 7.3.2 hereof as the case may be, and demand the return of its money, papers or documents. Thereupon, all obligations and liabilities of the parties under this Agreement shall cease and terminate in the manner set forth in Section 7.3.1 or 7.3.2 hereof, as the case may be. If neither the Agency nor the Redeveloper shall have fully performed the acts to be performed before the time for conveyance established in Exhibit "E", no termination or demand for return shall be recognized until thirty (30) days after the Escrow Agent shall have mailed copies of such demand to the other party or parties at the address of its or their principal place or places of business. If any objections are raised within the 30-day period, the Escrow Agent is authorized to hold all money, papers and documents with respect to the Property until instructed in writing by both the Agency and the redeveloper or upon failure thereof by a court of competent jurisdiction. If no such demands are made, the escrow shall be closed as soon as possible. Nothing in this Section shall be construed to impair or affect the rights or obligations of the Agency or the Redeveloper to specific performance. Any amendment of these escrow instructions shall be in writing and signed by both the Agency and the Redeveloper. At the time of any amendment, the Escrow Agent shall agree to carry out its duties as Escrow Agent under such amendment. All communications from the Escrow Agent to the Agency or the Redeveloper shall be directed to the addresses and in the manner established in section 8.1 of this Agreement for notices, demands and communications between the Agency and the Redeveloper. The liability of the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under this Section. Neither the Agency nor the Redeveloper shall be liable for any real estate commissions or brokerage fees incurred, if any, by the other which may arise herefrom. Agency represents that it has not engaged any broker or finder with respect to the sale contemplated hereby. 4.6 Conveyance of Title and Delivery of Possession. Subject to any mutually agreed upon extensions of time, and subject to the provisions of Section 9.2 of this Agreement, conveyance to the Redeveloper of title to the Sales Property (in the condition provided in Section 4.8 of this Agreement) shall be completed on or prior to the date specified in the Schedule of Performance (Exhibit "E"). The Agency and the Redeveloper agree to perform all acts necessary for conveyance of title in 7 sufficient time for title to be conveyed in accordance with the foregoing provisions. 4.7 Form of Deed. The Agency shall convey title to the Property to the Redeveloper in the condition provided in Section 4.8 of this Agreement by Grant Deed, in a form to be mutually approved by the parties, satisfactory to the title insurance company which will insure the title thereto, consistent with the terms of this Agreement, and substantially in the form set forth as Exhibit "F" attached and incorporated herein. 4.8 Condition of Title. The Agency shall convey to the Redeveloper fee simply merchantable title to the Property free and clear of all recorded liens, encumbrances, covenants, assessments, easements, leases and taxes, except as are set forth in the "Approved Title Exceptions", to be mutually approved by the parties on or before close of escrow. The Escrow Agent shall provide the Redeveloper with preliminary title reports for the Sales Property within ten (10)days after opening of escrow. The Redeveloper shall review the title report and make any responses thereto within the time set forth in the Schedule of Performance (Exhibit "E"). If the Redeveloper does not respond within said period any title exceptions shall be deemed acceptable to the Redeveloper. 4.9 Time for and Place of Delivery of Deed. Subject to any mutually agreed upon extension of time, and subject to the provisions of Exhibit "E" of this Agreement, Agency shall deposit the Grant Deed and other requisite documents for the property to be conveyed by it with the Escrow Agent at least five (5) business days before the date established for the conveyance of the property in the Schedule of Performance (Exhibit "E"). 4.10 Close of Escrow and Recordation of Grant Deed. The Escrow Agent, not less than five (5) business days prior to the expected date for the close of escrow, shall notify the Redeveloper in writing that the Grant Deed, properly executed and acknowledged by the Agency, has been delivered to the Escrow Agent and that title is in the condition to be conveyed in conformity with the provisions of Section 4.8 of this Agreement. Concurrently therewith, Escrow Agent shall notify Agency's Director that Redeveloper has executed and deposited its promissory notes to Agency evidencing its indebtedness to Agency in the collective sum of $300,000.00, plus such additional sum as shall equal the amount of permit and mitigation fees due to the City of San Jacinto (See Exhibit D), together with deeds of trust securing said note upon the real property to be conveyed, in the form as shown in the attached Exhibit "G". Said note shall be endorsed to draw interest from the dates and in the amounts as stated on Exhibit "D. Immediately prior to close of escrow, Agency shall deliver to the Escrow Agent, the loan proceeds to be paid after close of escrow to Redeveloper. The amount to be deposited in escrow by Agency shall be the amount of $50,000.00, and thereafter in additional installments of $50,000.00 until the full $300,000.00 shall have been paid. Each installment shall be delivered by Agency to Escrow Agent within ten (10) days after notification that Redeveloper has made demand therefor and has submitted evidence of construction expenditures in such amount. Upon the close of escrow, the Escrow Agent, shall file the Agency's Grant Deed and Redeveloper's Deed of Trust for recordation among the land records in the Office of the County Recorder for Riverside County, shall deliver to the Redeveloper a title insurance policy insuring title in conformity with Section 4.8 of this Agreement, and thereafter, shall deliver the loan proceeds to Redeveloper and Redeveloper's promissory note to the Agency. 4.11 Title Insurance. Concurrently with recordation of the Grant Deed, Continental Lawyers Title shall provide and deliver to the Redeveloper a title insurance policy issued by the title Company insuring that title is vested in the Redeveloper in the condition required by Section 4.8 of this Agreement, as to the Property. The Title Company shall provide the Agency with a copy of the title insurance policy and the title insurance policy shall be in an amount equal to the value of the Property in such amount as the Redeveloper may specify. Agency shall be named as an additional insured, or Redeveloper shall provide a separate lender's policy insuring Agency for the sum of $365,340.00 (the loan amounts referenced on Exhibits "C" and "D"). 4.12 Taxes and Assessments. Ad valorem taxes and assessments, if any, on the Property, and taxes upon this Agreement or any rights hereunder, levied, assessed or imposed for any period commencing prior to conveyance of title, shall be borne by the Agency. All ad valorem taxes and assessments levied or imposed for any period commencing after the close of escrow, or the earlier of transfer of possession pursuant to this Agreement shall be borne by the Redeveloper. 4.13 Conveyance Free of Possession. Except as may be otherwise provided in the "Undertakings of Agency", attached hereto as Exhibit "D" and incorporated herein by reference, and Section 5.11 stated hereafter, the Property shall be conveyed free of any possession or right of possession by any person except that of the Redeveloper and such other easements of record or approved title exceptions. 4.14 Permitted Use. Redeveloper shall make application to the City of San Jacinto for a conditional use permit for 9 allowance of the anticipated use of the Site, and shall abide by any and all conditions imposed thereunder. 4.15 CEQA Reauirements. This project, to be in full compliance with CEQA, must undergo a CEQA Evaluation of the proposed construction of the commercial facilities. 4.16 Condition of the Property. Except as may be otherwise specifically provided in the Undertakings of Redeveloper (Exhibit "C"), the Property shall be conveyed from the Agency to the Redeveloper in an "as is" condition, with no warranty, express or implied, by the Agency as to the condition of the soil, its geology, the presence of known or unknown faults or any contaminants, hazardous substances or other property defects, except as may be provided in Section 4.13. The Redeveloper shall have access to all data and information on the Property available to the Agency. The Agency shall not be responsible for any items of site work except those which are listed below or in the Undertakings of Redeveloper as the Agency's responsibilities. It shall be the responsibility of the Redeveloper, at its expense, to perform such soils tests as it may deem appropriate to determine that the soil condition of the Site is generally suitable for building under normal construction conditions and that the Site is free of contaminants or substantial soil defect. Pursuant to Paragraph 4.17 below, Redeveloper may conduct such tests prior to close of escrow; however, such testing must be completed no later than ten (10) days after opening of escrow. Redeveloper shall immediately provide copies of any results of such tests conducted to Agency. Should the soils test show that the real property is unstable for the construction anticipated hereunder, Redeveloper may terminate escrow and this Agreement, without liability to Agency. Should the Site be found to be contaminated, and the reasonable costs of clean-up exceeds $250,000.00, Redeveloper may terminate this Agreement, without liability to Agency. In the event tests are not conducted and that a notice of termination of Agreement pursuant to this paragraph, is not provided to Agency by Redeveloper within ten (10) days after opening of escrow between Agency and Redeveloper, Redeveloper shall have waived any right of termination as stated herein. 4.17 Preliminary Work by the Parties. Prior to the conveyance of title, the Agency shall provide the Redeveloper or its representatives with the right of access to the Property at all reasonable times for the purpose of obtaining data and making surveys and tests necessary to carry out this Agreement. Until such time as the Agency has conveyed the Property or any portion thereof, the Redeveloper agrees to and shall indemnify and hold the Agency and the City harmless from and against all liability, loss, damage, costs or expenses (including reasonable attorney's fees and court costs) arising from or as a result of the death of 10 a person or any accident, injury, loss or damage whatsoever caused to any person or to the property of any person which shall occur on the Property which shall be directly or indirectly caused by Redeveloper's acts done thereon or Redeveloper's errors or omissions, or those of its agents, servants, employees or contractors. The Redeveloper shall not be responsible for (and such indemnity shall not apply to) any acts, errors or omissions of the Agency or the City, or their respective agents, servants, employees or contractors. The Agency and City shall not be responsible for any acts, errors or omissions of any person or entity except the Agency and the City and their respective agents, servants, employees or contractors. The obligations set forth in this Section shall remain in effect until the final Certificate of Completion has been issued by the Agency pursuant to Section 5.21 hereof. ARTICLE 5 REDEVELOPMENT OF SITE 5.1 Undertakings of Redeveloper. The Site shall be redeveloped as provided in the Undertakings of Redeveloper (Exhibit "C") and the plans shall first be approved by City of San Jacinto as designee of Agency. 5.2 Basic Concept and Schematic Drawings. Within the times set forth in the Schedule of Performance (Exhibit "E"), the Redeveloper shall prepare and submit to the City for City's approval, Basic Concept and Schematic Drawings and related documents containing the overall plan for development of the Site. The Site shall be developed substantially as established in the approved Basic and Schematic Drawings and related documents, except for such changes which may by mutually agreed upon between the developer and the City in writing. 5.3 Construction Plans. Drawings and Related Documents. The Redeveloper shall prepare and submit construction plans, drawings and related documents to the City with a copy to the Agency, for architectural and site planning review and written approval as and at the times established in the Schedule of Performance (Exhibit "E"). Approval by City may be regarded by Redeveloper as approval by the Agency, unless the Agency gives contrary notice prior to or coincident with City approval. The construction plans, drawings and related documents shall be submitted in two stages: preliminary and final working drawings. Final drawings and plans are hereby defined as those in sufficient detail to obtain a building permit. The Redeveloper shall also prepare and submit to the City, preliminary and final landscaping and finish grading plans. Such 11 preliminary and final plans shall be prepared and submitted within the times established in the Schedule of Performance (Exhibit "E"), subject to extensions as are authorized herein or as mutually agreed to by the parties hereto. During the preparation of all drawings and plans, Agency staff and the Redeveloper shall hold regular progress meetings to coordinate the preparation of, submission to, and review of construction plans and related documents by the Agency. The Agency and the Redeveloper shall communicate and consult informally as frequently as is necessary to insure that the formal submittal of any documents to the City and Agency can receive prompt and speedy consideration. If any revisions or corrections of plans approved by the City and Agency shall be required by any government official, agency, department or bureau having jurisdiction, or any lending institution involved in financing, the Redeveloper and the Agency shall cooperate in efforts to obtain a waiver of such requirements or to develop a mutually acceptable alternative. 5.4 City Approval of Plans, Drawings and Related Documents. Subject to the terms of this Agreement, the City shall have the right of architectural and site planning review, and the City shall assist Redeveloper in obtaining any architectural and site planning review required by any agency, department, board or commission of the City. The City shall approve or disapprove the plans, drawings and related documents referred to in Section 5.3 of this Agreement within the times established in the Schedule of Performance (Exhibit "E"). Failure by the City to either approve or disapprove within the times established in the Schedule of Performance shall be deemed a disapproval. The Redeveloper, upon receipt of a disapproval based upon powers reserved by the Agency hereunder, shall revise such plans, drawings and related documents and resubmit them to the City as soon as possible after receipt of the notice of disapproval, provided that in no case shall the City be entitled to require changes inconsistent with the Undertakings of Redeveloper (Exhibit "C") and any previously approved items. If the Redeveloper desires to make any substantial change in the construction plans after their approval by the City, the Redeveloper shall submit the proposed change to the City for its consideration and approval or disapproval. 5.5 Cost of Construction. The cost of redevelopment of the Site or any portion thereof and constructing improvements thereon shall be borne by the Redeveloper, except for work expressly set forth in this"Agreement to be performed or paid for by the Agency or others. The Agency and the Redeveloper shall each pay the 12 costs necessary to administer and carry out their respective responsibilities and obligations under this Agreement. 5.6 Construction Schedule. After the conveyance of title to the City, the Redeveloper shall promptly begin and thereafter diligently prosecute to completion the construction of the improvements as required by this Agreement. The Redeveloper shall begin and complete all such construction and development within the times specified in the Schedule of Performance (Exhibit "E") or such reasonable extension of said dates as may be granted by the Agency. The Schedule of Performance is subject to revision from time to time as mutually agreed upon in writing between the Redeveloper and the Agency. During any period of construction, but not more frequently than once a month, the Redeveloper shall submit to the Agency a written progress report of the construction when and as requested by the Agency. The report shall be in such form and detail as may be reasonably required by the Agency and shall include a reasonable number of construction photographs taken since the last report submitted by the Redeveloper. 5.7 Bodily Injury. Property Damage and Workers' Compensation Insurance. In addition to the indemnification provisions of Section 4.17 relating to preliminary work, during the period commencing with delivery of grant deed and until such time as the Agency has issued Certificates of Completion with respect to the construction of this improvements, the Redeveloper agrees to and shall indemnify and hold the Agency, its officers, directors, agents, servants, employees and contractors and the City harmless from and against all liability, loss, damage, costs, or expenses (including reasonable attorney's fees and court costs) arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or to the property of any person which shall occur on the Site and which shall be directly or indirectly caused by any acts done thereon or any errors or omissions of the Redeveloper or its officers, directors, agents, servants, employees or contractors. The Redeveloper shall not be responsible for (and such indemnity shall not apply to) any acts, errors or omissions of the Agency or the City, or their respective officers, directors, agents, servants, employees or contractors. The Agency and City shall not be responsible for any acts, errors or omissions of any person or entity except the Agency and the City and their respective officers, directors, agents, servants, employees or contractors. Prior to the commencement of construction, the Redeveloper shall furnish or cause to be furnished to the Agency duplicate originals or appropriate certificates of bodily injury and property damage insurance policies in the amount of at lease One 13 Million Dollars ($1,000,000) for any person; Three Million Dollars ($3,000,000) for any occurrence and One Million Dollars ($1,000,000) property damage, naming the Agency and the City as additional primary insureds. The Redeveloper shall also furnish or cause to be furnished to the Agency evidence satisfactory to the Agency that any contractor with whom Redeveloper or its assignee has contracted for the performance of work on any portion of the Site carries workers' compensation insurance as required by Law. The obligations set forth in this section shall remain in effect only until a final Certificate of Completion has been issued by the Agency pursuant to Section 5.23 hereof, and said policies shall provide that they shall not be canceled or reduced in coverages or amounts without giving any Agency at least twenty (20) days prior written notice, and that no such reduction or cancellation shall become effective until at least ten (10) days after receipt by the Agency of the written notice thereof. Such coverage shall be primary and noncontributory. Any "claims made" policy shall remain in effect for a period of at least one year following Agency's issuance of the Certificate of Completion (Section 5.20, hereunder). Redeveloper shall at its own cost and expense procure promptly after the execution of this Agreement and maintain during the continuance of this Agreement a policy of fire insurance with course of construction, vandalism, and malicious mischief clauses attached, insuring the Project and all materials delivered to the Site for their full insurable value with loss thereunder payable to the following, as their interest may appear: Agency; any beneficiary of a deed of trust encumbering the Site; and the Redeveloper. 5.8 City and Other Governmental Agency Permits. Before commencement of construction or development of any work of improvement upon any portion of the Site, the Redeveloper shall at its own expense secure or cause to be secured any and all permits which may be required by any other governmental agency affected by such construction, development or work. The Agency shall provide all proper assistance to the Redeveloper in securing any necessary permits. 5.9 Antidiscrimination During Construction. The Redeveloper for itself and its successors and assigns agrees that in the construction of the improvements on any portion of the Site provided for in this Agreement, the Redeveloper will not discriminate against any employee or applicant for employment because of sex, marital status, race, color, religion, creed, national origin, or ancestry, and that the Redeveloper will comply with all applicable local, state and federal fair employment laws and regulations pertaining thereto. 5.10 Local, State and Federal Laws. The Redeveloper shall carry out the construction of the improvements on the Site in 14 conformity with all applicable laws, including all applicable federal and state labor standards. 5.11 Rights of Access. For the purpose of verifying compliance with this Agreement, representatives of the Agency and the City shall have reasonable right of access to the Site without charges or fees, at normal construction hours during the period of construction for the purposes of this Agreement, including but not limited to the inspection of the work being performed in constructing the improvements. Such representatives of the Agency or the City shall be those who are so identified in writing by the Director of the Agency, or City's Director of Community Development. 5.12 Taxes, Assessments, Encumbrances and Liens. The Redeveloper shall pay when due all real property taxes and assessments assessed and levied on the Site or any part thereof after conveyance of title, pursuant to Article 4 of this Agreement. The Redeveloper shall not place and shall not allow to be placed on the Site or any part thereof any mortgage, trust deed, encumbrance or lien unauthorized by this Agreement. The Redeveloper shall remove, or shall have removed, any levy or attachment made pursuant to a claim against Redeveloper on the Site or any part thereof, or shall assure the satisfaction thereof within a reasonable time but in any event prior to a issuance of the certificate of completion pursuant to Section 5.21. Nothing herein contained shall be deemed to prohibit the Redeveloper from contesting the validity or amounts of any tax, assessment, encumbrance or lien, nor to limit the remedies available to the Redeveloper in respect thereto. 5.13 Prohibition Against Transfer. The Redeveloper shall not, except as permitted by this Section 5.14, assign or attempt to assign this Agreement or any right herein, nor make any total or partial sale, transfer, conveyance, hypothecation, lease or assignment of the whole or any part of the Site or the improvements thereon, without prior written approval of the Agency. The prohibition set forth in this Section 5.14 shall apply to the Site at all times prior to the completion of the Undertakings of the Redeveloper as more specifically set forth in Exhibit "C" hereto, at all times during the life of the rights set forth in Section 7.4 hereof and, as otherwise provided in this Agreement. Notwithstanding any other provision of this Agreement to the contrary, the foregoing restricting transfer shall not apply to subparagraphs (a) and (b) below provided that the Redeveloper shall first notify the Agency in writing of the proposed action. 15 (a) The granting of easements or permits to facilitate the development of the Site or any portion thereof; or (b) The assignment or delegation of all or portions of Redeveloper's rights or duties hereunder, or the sale, transfer, conveyance, lease or assignment of all or any part of the Site or the improvements thereon, to a corporation in which the Redeveloper or the Redeveloper's majority shareholder or the Redeveloper's ultimate parent owns 80% or more of the common stock, a partnership in which the Redeveloper or the Redeveloper's majority shareholder has a 51% or greater interest, or to a family trust benefitting the family of the Redeveloper or the Redeveloper's majority shareholder, as the case may be, and in which the Redeveloper or majority shareholder of the Redeveloper is Trustee or Co -Trustee. 5.14. No Encumbrances Except Mortgages, Deeds of Trust, Sales and Lease -Backs or Other Financing for Development. A. Notwithstanding Section 5.14, mortgages, deeds of trust, granting of security interests, sales and lease -backs or any other form of conveyance required for any reasonable method of financing are permitted before recordation of a Certificate of Completion with respect to the Site or any portion thereof, but only for the purpose of securing loans of funds to be used for financing the construction of improvements on the Site and any other expenditures necessary and appropriate to develop the Site under this Agreement. The Redeveloper shall notify the Agency in advance of any mortgage, deed of trust, sale and lease -back or other form of conveyance for financing if the Redeveloper proposes to enter into the same before recordation of the Certificate of Completion. B. The Redeveloper shall not enter into any such conveyance for financing without the prior written approval of the Agency, which approval the Agency agrees to give if any such conveyance for financing is given to a responsible financial or lending institution or other acceptable person or entity who or which will finance the development of the Site in a manner consistent with the terms of this Agreement and not restrict or impair the ability of the Redeveloper to carry out its obligations hereunder. C. Subordination - In the event modification of this Agreement or separate documents, including execution of subordination agreements which do not materially hinder or adversely affect Agency's security interest, is, or are requested by a lender to accommodate financing of a portion of the Project, Redeveloper and Agency will cooperate in accommodating such lender. It is intended that the loans of Agency to Redeveloper shall be subordinated to a construction loan, and/or permanent and re -financing (of amortized balance) of the construction loan 16 amount, in a reasonable amount required to complete the anticipated construction by Redeveloper. Agency agrees to execute subordination agreements as reasonably requested by a lender or lenders unless Agency specifically finds that execution thereof will unduly and substantially adversely affect Agency's remaining interests in the Site. In any event, the Redeveloper shall promptly notify the Agency of any mortgage, deed of trust, sale and lease -back or other financing conveyance, encumbrance or lien that has been created or attached thereto prior to recordation of a Certificate of Completion for construction of the improvements on the Site or any portion thereof, whether by voluntary act of the Redeveloper or otherwise. D. The Redeveloper shall have the right, at its discretion, to encumber any portion of the Site for which a Certificate of Completion has been issued pursuant to Section 5.21 of this Agreement; provided, however, that any person or entity accepting such encumbrance shall be bound by the terms of this Agreement, except as specified in Section 5.18 below. The words "mortgage" and "deed of trust" as used herein include all other appropriate modes of financing real estate acquisition, construction and development. 5.15 Mortgage Holder Not Obligated to Construct or Complete Improvements. The holder of any mortgage, deed of trust or other security interest authorized by this Agreement shall in no way be obligated by the provisions of this Agreement to construct or complete the improvements or to guarantee such construction or completion, nor shall any covenant or any provision in a deed for the Site be construed so to obligate such holder, except if the Redeveloper finances construction costs itself then it shall remain responsible for the construction of the improvements on the Site or any portion thereof. Nothing in this Agreement shall be deemed to construe, permit, or authorize any such holder to devote the Site or any portion thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provided for or authorized by this Agreement. 5.16 Notice of Default to Mortgage, Deed of Trust or Other Security Interest Holders; Right to Cure. Whenever the Agency shall deliver any notice or demand to the Redeveloper with respect to any breach or default by the Redeveloper in completion of construction of improvements, the Agency shall at the same time deliver a copy of such notice or demand to each holder of record of any mortgage, deed of trust or other security interest and the lessor under a lease -back or grantee under any other conveyance for financing authorized by this Agreement who has previously made a written request to the Agency therefor. Each such holder shall (insofar as the rights of the Agency are concerned) have the right, at its option, within ninety (90) days after the receipt of the notice, to cure or remedy or commence to 17 cure or remedy any such default and to add the cost thereof to the security interest debt and the lien on its security interest or to the obligation of the lessee under any lease -back, or of the grantor under any other conveyance for financing. In the event there is more than one such holder, the right to cure or remedy a breach or default of the Redeveloper under this Section 5.17 shall be exercised by the holder first in priority or as the holders may otherwise agree among themselves, but there shall be only one exercise of such right to cure and remedy a breach or default of the Redeveloper under this Section 5.17. If such default shall be a default which can only be remedied or cured by such holder upon obtaining possession, such holder shall seek to obtain possession with diligence and continuity through a receiver or otherwise, and shall remedy or cure such default within ninety (90) days after obtaining possession; provided that in the case of a default which cannot with diligence be remedied or cured, or the remedy or cure of which cannot be commenced within such 90-day period, such holder may have such additional time as agreed upon by the Agency and the holder to cure such default of the Redeveloper. Nothing contained in this Agreement shall be deemed to permit or authorize such holder to undertake or continue the construction or completion of the improvements (beyond the extent necessary to preserve or protect the improvements or construction already made) without first having expressly assumed the Redeveloper's obligations to the Agency by written agreement satisfactory to the Agency. The holder in that event must agree to complete, in the manner provided in this Agreement, the improvements to which the lien or title of such holder relates, and if there is a material adverse change in the financial condition of the holder, then the Agency may require the holder to submit evidence satisfactory to the Agency that it has the qualifications and financial resources necessary to perform such obligations. The Agency shall approve the holder if it can demonstrate to the Agency's satisfaction, exercised in the Agency's sole discretion, that the holder has the financial ability to complete the improvements. Any such holder properly completing such improvements shall be entitled, upon written request made to the Agency, to a Certificate of Completion from the Agency. 5.17 Failure of Holder to Complete Improvements. Any provision to the contrary contained herein notwithstanding, in any case where six (6) months after default by the Redeveloper in completion of construction of improvements under this Agreement, if the holder of any mortgage, deed of trust or other security interest creating a lien or encumbrances upon the site or any portion thereof, other than the Redeveloper, has not exercised the option to construct, or if it has exercised the option, has not proceeded diligently with construction, then the Agency may purchase the mortgage, deed of trust or other security interest 18 by payment to the holder of the amount of the unpaid debt, plus any accrued and unpaid interest. If the ownership of the Site, or such portion thereof has vested in the holder, the Agency, if it so desires, shall be entitled to a conveyance from the holder to the Agency of the site or such portion thereof and any other security interest held by the holder, upon payment to the holder of an amount equal to the sum of the following: (a) The unpaid mortgage, deed of trust or other security interest debt at the time title became vested in the holder (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); (b) All expenses with respect to foreclosure; (c) The next expenses, if any (exclusive of general overhead), incurred by the holder as a direct result of the subsequent management of the Site or any part thereof. (d) The costs of any improvements made by such holder; and (e) An amount equivalent to the interest that would have accrued on the aggregate of such amounts had all such amount become part of the mortgage or deed of trust debt and such debt had continued in existence to the date of payment by the Agency. 5.18 Right of Agency to Cure Mortgage, Deed of Trust or Other Security Interest Default. In the event of a default or breach by the Redeveloper of a mortgage, deed of trust or other security interest prior to the issuance by the Agency of Certificate of Completion for the improvements on the Site, and the holder of any such security interest has not exercised its option to complete the development, the Agency may cure the default prior to completion of any foreclosure. In such event, the Agency shall be entitled to reimbursement from the Redeveloper of all costs and expenses reasonably incurred by the Agency in curing the default. The Agency shall also be entitled to a lien upon the Site, to the extent of such costs and disbursements. Any such lien shall be subordinate and subject to any mortgage, deed of trust or other security instrument or sale and lease -back or other conveyance for financing executed for the sole purpose of obtaining funds to purchase and/or develop the Site and to construct the improvement thereof, and to finance such costs and pay all costs reasonably related to the Redeveloper's obtaining and performing this Agreement. 19 5.19 Right of the Agency to Satisfy Other Liens. After thirty (30) days prior written notice, the Agency shall have the right to satisfy any other liens or encumbrances not referred to in Section 5.19 should Agency believe in good faith that such action is necessary for protection of its interests. Nothing in this Agreement shall require the Redeveloper to pay or make provision for the payment of any tax, assessment, lien or charge so long as the Redeveloper in good faith shall contest the validity or amount hereof, and/or so long as such delay in payment shall not subject the Site to forfeiture or sale. 5.20 Certificate of Completion. Upon completion of all construction and development of public and non-public improvements to be completed by the Redeveloper upon the Site as required by this Agreement and in particular the Undertakings of Redeveloper (Exhibit "C"), the Agency shall furnish the Redeveloper with a Certificate of Completion upon written request therefor by the Redeveloper. Subject to the provisions hereinafter set forth in this section, said Certificate of Completion shall be delivered to Redeveloper within 30 days following date of such request. Such Certificate of Completion shall be in such form as to permit it to be recorded in the Office of the Recorder of Riverside County. A Certificate of Completion shall be, and shall so state, conclusive determination of satisfactory completion of the construction of the non-public improvements required by this Agreement upon the Site and of full compliance with the terms of this Agreement relating to commencement and completion of such constructions. After recordation of such Certificate of Completion, any party then owning or thereafter purchasing, leasing or otherwise acquiring any interest in the Site covered by said Certificate of Completion shall not (because of such ownership, purchase, lease or acquisition) incur any obligation or liability under this Agreement with respect to the commencement and completion of construction for which such Certificate of Completion is issued, except that such party shall be bound by the covenants contained in Sections 6.1 through 6.4 (inclusive) of this Agreement and any other provisions of this Agreement requiring performance for the life of the Redevelopment Plan. Except as otherwise provided herein, after the issuance of a Certificate of Completion for all improvements on the Site or any legally subdivided lot thereof, neither the Agency, the City nor any other person shall have any rights, remedies or controls with respect to the Site that it would otherwise have or be entitled to exercise under this Agreement relating to the commencement or completion of such constructions. The Agency shall not unreasonably delay or withhold any Certificate of Completion. If the Agency refuses or fails to 20 furnish a Certificate of Completion after written request from the Redeveloper, the Agency shall, within thirty (30) days after such written request, provide the Redeveloper with a written statement of the reasons the Agency refused or failed to furnish a Certificate of Completion. The Statement shall also contain the Agency's opinion of the action the Redeveloper must take to obtain a Certificate of Completion. If the reason for such refusal is confined to the immediate availability of specific minor finish items or materials, the Agency will issue its Certificate of Completion upon the posting of a bond by the Redeveloper with the Agency in an amount representing a fair value of the work not yet completed. If the Agency shall have failed to provide such written statement within said 30-day period, the Redeveloper shall be deemed entitled to the Certificate of Completion and thereafter shall be entitled to all of the rights it would have if the Certificate of Completion had been issued. ARTICLE 6 SITE, USE RESTRICTIONS 6.1 Uses. The Redeveloper covenants and agrees for itself, its successors, its assigns and every successor in interest to the Site or any part thereof, that during construction and thereafter until termination of the Redevelopment Plan, or for the life of the improvements, whichever is longer, the Redeveloper, its successors and assignees, shall devote the Site to the following specified uses: A. The uses as specifically stated and allowed in the approved permits for the Project, this Agreement, the grant deed for the Site. Any change in the use of the Site shall require the consent of the Agency, which consent shall be in the Agency's sole discretion, but not unreasonably withheld. The parties hereto acknowledge that in exercising Agency's discretion, Agency shall consider the financial effect to Agency, and particularly of any loss of revenue which may be incurred by reason of Redeveloper's requested change in use. The parties hereto further acknowledge that in entering this Agreement, agreeing to transfer the Site, and in any application by Redeveloper to change use of the Site, Agency has expected and will expect continued performance of Redeveloper's undertakings, or reasonable equivalent. Agency agrees that it will meet, confer and negotiate and not unreasonably withhold Redeveloper's request for change in use of the Site. 6.2 Maintenance of the Site. The Redeveloper shall maintain the improvements on the Site and shall keep the Site free from any accumulation of debris, waste materials, or 21 hazardous waste materials pursuant to any law, now or hereafter in existence, whether federal, state or local. The Redeveloper shall also maintain those public improvements and facilities required to be maintained by the Redeveloper under the Undertakings of Redeveloper (Exhibit "C"). 6.3 Obligation to Refrain from Discrimination. The Redeveloper covenants and agrees for itself, its successors, its assigns and every successor in interest to the Site or any party thereof, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site or any part thereof, nor shall the Redeveloper itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Site or any part thereof. The foregoing covenants shall run with the land and shall remain in effect in perpetuity. 6.4 Form of Nondiscrimination and Nonsegregation Clause. The Redeveloper shall refrain from restricting the rental, use, sale or lease of the Site or any part thereof on the basis of race, color, creed, religion, sex, marital status, ancestry or national origin of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: 1. In deeds: "The grantee herein covenants by and for himself, his heirs, executors, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself, or any persons claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." 2. In leases: "The lessee herein covenants by and for himself, his heirs, executors, and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry or national 22 origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the land herein leased, nor shall the lessee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein leased." 3. In contracts: "The Transferee shall neither establish nor permit discrimination against or segregation of any persons or group of persons on account of race, color, creed, religion, sex, marital status, ancestry or national origin in the sale, lease, transfer, use occupancy, tenure or enjoyment of the land, nor shall the transferee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land." 6.5 Effect and Duration of Covenants. Except as may be otherwise provided, the covenants set forth in the grant deed for the Site shall remain in effect for the life of the project specified herein, or for the applicable life of the Redevelopment Plan, whichever is longer. The covenant against discrimination shall remain in effect in perpetuity. The covenants established in this Agreement and the grant deed shall, without regard to technical classification and designation, be binding for the benefit and in favor of the Agency, its successors and assigns, the City and any successor in interest to the Site or any part thereof. The Agency and the City are deemed the beneficiaries of the terms and provisions of this Agreement for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. This Agreement and the covenants shall run in favor of the Agency without regard to whether the Agency has been, remains or is an owner of any land or interest therein in the Site, any parcel or subparcel, or in the Project Area. The Agency shall have the right, if the Agreement or covenants are breached, to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled. 23 ARTICLE 7 DEFAULTS, REMEDIES AND TERMINATION 7.1 Defaults - General. Subject to the extensions of time set forth in Section 8.4, failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. The party who so fails or delays must immediately commence to cure, correct or remedy such failure or delay, and shall complete such cure, correction or remedy with reasonable diligence and during any period of curing shall not be in default. The injured party shall give thirty (30) days prior written notice of default to the party in default, specifying the default complained of by the injured party before commencement of any action for remedy. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. Except as otherwise expressly provided in this Agreement, any failure or delay by either party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies or deprive such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. 7.2 Legal Actions. 7.2.1 Institution of Legal Actions. Subject to the provisions of Sections 7.1 and 7.3 of this Agreement, in addition to any other rights or remedies, either party may institute legal or equitable actions to cure, correct, or remedy any default, to recover damages for any defaults, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal or equitable actions must be instituted in the Superior Court of the County of Riverside, State of California, or in any other appropriate court in that county. The prevailing party in any such legal action may recover its reasonable attorney's fees. 7.2.2 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 7.2.3 Acceptance of Service of Process. In the event that any legal action is commenced by the Redeveloper against the Agency, service of process on the Agency shall be made by personal service upon the Executive Director or Secretary of the Agency, or in such other manner as may be provided by law. 24 In the event that any legal action is commenced by the Agency against the Redeveloper, service of process on the Redeveloper shall be made by personal service upon any corporate officer of the Redeveloper, or its resident agent, or in such other manner as may be provided by law and shall be valid whether made within or without the State of California. 7.2.4 Rights and Remedies are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.2.5 Specific Performance. If the Redeveloper or the Agency defaults under any of the provisions of this Agreement, the non -defaulting party shall serve written notice of such default upon the defaulting party. If the default is not commenced to be cured by the defaulting party within thirty (30) days of service of the notice of default, the non -defaulting party, at its option, may institute an action for specific performance of the terms of this Agreement. 7.3 Certain Remedies and Rights of Termination. 7.3.1 Termination by the Redeveloper. (a) The Redeveloper at its sole option may terminate this Agreement if the Agency, subject to the Agency's obligations under the California Redevelopment Law, the Redevelopment Plan and the Rules Governing Participation and Preferences by Owners, Operators of Businesses and Tenants in the Project Area, adopted by the Agency ("Owner Participation Rules"), is unable to tender conveyance of title to the Site or possession thereof as provided in this Agreement in the manner and condition and within the time established therefor in the Schedule of Performance (Exhibit "E"), and any such failure is not cured within thirty (30) days after written demand by the Redeveloper. In the event of such termination pursuant to this paragraph, neither the Agency nor the Redeveloper shall have any further rights against or liability to the other under this Agreement with respect to the Site. 7.3.2 Termination by the Agency. (a) The Agency at its sole option may terminate this Agreement with respect to the Site if at any time prior to issuance of the Certificate of Completion for the improvements to be developed on the Site the Redeveloper assigns or attempts to assign this Agreement, or any rights herein, or makes any total or partial sale, transfer, hypothecation or conveyance of the 25 whole or any part of the Site or the improvements to be developed thereon in violation of the terms of this Agreement, and such breach is not cured within thirty (30) days after written demand therefor by the Agency. In the event of such termination pursuant to this paragraph, neither the Agency nor the Redeveloper shall have any further rights against or liability to the other under this Agreement with respect to the Site as the case may be. (b) The Agency at its sole option may terminate this Agreement with respect to the Site if the Redeveloper fails to satisfy its obligation to submit its Basic Concept and Schematic Drawings or construction plans, drawings and related documents, or any such plans, drawings or documents within the time respectively established therefor in the Schedule of Performance (Exhibit "E"), except for any extension of time through force majeure and any such material breach is not cured within sixty (60) days after the date of written demand therefor by the Agency. In the event of such termination pursuant to this paragraph, neither the Agency nor the Redeveloper shall have any further rights against or liability to the other under this Agreement with respect to the Site. (c) Nothing in this section shall be construed to limit Agency's option to require full performance under this Agreement and to institute such legal or equitable actions as may be appropriate pursuant to Section 7.2., above. 7.4 Rights to Reenter, Repossess, Terminate and Revest. In addition to all other available remedies, the Agency shall have the right, at its option, to reenter and take possession of the Site with all improvements thereon and to terminate and revest in the Agency the estate conveyed to the Redeveloper or a portion thereof, if after conveyance of title to the Site and prior to the fulfillment by the Redeveloper of all its obligations set forth in Exhibit "C", by this reference made a part hereof as though fully set out at this point, the Redeveloper (or its successors in interest) shall fail to satisfy its obligations under this Agreement. In each of the following enumerated instances, the applicable time period for performance may be subject to extension by reason of occurrences of incidents constituting force majeure: a. Fail to commence construction of the improvements as required by this Agreement for a period of sixty (60) days after written notice thereof from the Agency to proceed; or b. Abandon or substantially suspend construction of the improvements for a period of ninety (90) days after written notice of such abandonment or suspension from the Agency; or 26 c. Assign or attempt to assign this Agreement, or any rights herein, or transfer or suffer any involuntary transfer or the Site or any part thereof in violation of this Agreement, and such violation shall not be cured within sixty (60) days after written demand from the Agency. d. Failure to complete construction and establishment of the commercial entertainment use within the specified time or any reasonable extension thereof. Except as so extended, time is of the very essence of this Agreement. The right to reenter, repossess, terminate and revest shall be subject to and be limited by and shall not defeat, render invalid or limit: a. Any mortgage, deed of trust or other security instrument or sale and lease -back or other conveyance for financing permitted by this Agreement; or b. Any rights or interest provided in this Agreement for the protection of the holders of such mortgages, deeds of trust or other security instruments, the lessor under a sale and lease- back or the grantee under such other conveyance for financing, providing that nothing herein shall be deemed to impose upon the Agency any affirmative obligations (by the payment of money, construction or otherwise) with respect to the Site in the event of the Agency's exercise of its rights under this Section 7.4. The Grant Deed for the Site shall contain appropriate references and provisions to give effect to the Agency's right, as set forth in this Section 7.4, under specified circumstances to reenter and take possession of the site or any portion thereof, with all improvements thereon and to terminate and revest in the Agency the estate conveyed to the Redeveloper. Upon the revesting in the Agency of title to the Site or any part thereof as provided in this Section 7.4, the Agency shall, pursuant to its responsibilities under state law, use its best efforts to resell the Site or such portion thereof as soon and in such manner as the Agency shall find feasible and consistent with the objectives of such law and of the Redevelopment Plan to qualified and responsible party or parties (as determined by the agency) who will assume the obligation of making or completing the improvements, or such other improvements in their stead, as 27 shall be satisfactory to the Agency and in accordance with the uses specified for the site or such portion thereof, in the Redevelopment Plan. Upon such resale of the Site or such portion thereof, the proceeds thereof shall be applied: a. First, to reimburse the Agency on its own behalf or on behalf of the City, for all costs and expenses reasonably incurred by the Agency in connection with the recapture, management and resale of the Site or such portion thereof (but less any income derived by the agency from the Site or such portion thereof in connection with such management); all taxes, assessments, and water and sewer charges with respect to the Site or such portion thereof, or in the event the Site or such portion thereof is exempt from taxation or assessment or such charges during the period of ownership, then such taxes, assessments or charges (as determined by the county assessing official) as would have been payable if the Site, or such portion thereof were not so exempt); any payments made or necessary to be made to discharge or prevent from attaching or being made a subsequent encumbrance or lien due to obligations, defaults or acts of the Redeveloper, its successors, or transferees, any expenditures made or obligation incurred with respect to the making or completion of the improvements or any part thereof on the Site or such portion thereof; and by amounts otherwise owing the Agency by the Redeveloper; b. Second, to reimburse the Redeveloper, its successor or transferee, up to the amount equal to the costs incurred for the development of the Site or part thereof for the construction of the improvements thereon. Any balance remaining after such reimbursement shall be retained by the Agency as its property. The rights established in this Section are to be interpreted in light of the fact that the Agency will convey the Site to the Redeveloper for development and not for speculation in undeveloped land. ARTICLE 8 GENERAL PROVISIONS 8.1 Notices, Demands and Communications Between the Parties. Formal notices, demands and communications between the Agency and the Redeveloper shall be sufficiently given if dispatched by registered or certified mail, postage prepaid, 28 return receipt requested, to the principal offices of the Agency and the Redeveloper as follows: AGENCY REDEVELOPER City of San Jacinto 201 East Main Street San Jacinto, CA 92583 Fun Properties 12356 Central Avenue Chino, CA 91710 Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail. 8.2 Conflict of Interests. No member, official or employee of the Agency shall have any personal interest, direct or indirect, in the Agreement nor shall any such member, official or employee, participate in any decision relating to this Agreement which affects his personal interest or the interest of any corporation, partnership or association in which he is directly or indirectly interested. 8.3 Nonliabilitv of Aaencv Officials and Employees. No member, official, or employee of the Agency shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the Agency or for any amount which may become due to the Redeveloper or to its successor from the Agency, or on any obligations under the terms of this Agreement. 8.4 (Force Maieure) Extension of Times of Performance and Delays. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war; insurrection; strikes; lock -outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; unusually severe weather; inability to secure necessary labor, materials or tools; acts of the other party; or other causes beyond the control or without the fault of the party claiming an extension of time to perform. Any extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Nothing herein shall be construed to extend Redeveloper's time for performance by reason of Redeveloper's failure to obtain construction or other financing regardless of the cause of the failure. Times of performance under this Agreement may also be extended in writing by the Agency and the Redeveloper. 29 8.5 Inspection of Books and Records. The Agency has the right at all reasonable times to inspect the books and records of the Redeveloper pertaining to the Site as pertinent to the purposes of this Agreement, including the purpose of enforcing the payments or provisions of any excise tax or other monetary requirement established under this Agreement, by Ordinance, or Resolution. The Redeveloper also has the right, at all reasonable times to inspect the books and records of the Agency pertaining to the Site as pertinent to the purposes of this Agreement. The Redeveloper and the Agency reserve the right to object to a document inspection request that is not pertinent to the purposes of this Agreement. 8.6 Plans and Data. If this Agreement is terminated by the Agency for any failure or default of the Redeveloper specified herein, the Redeveloper shall deliver to the Agency any soils tests, grading plans, construction and improvement plans (whether or not formally submitted to the City or Agency) concerning the Site affected by such termination. 8.7 Real Estate Commissions. Neither the Agency nor the Redeveloper shall be liable for any real estate commissions, brokerage fees or finders fees which may arise from the conduct of the other under this Agreement. The Agency and the Redeveloper each represent to the other that it has engaged no broker, agent, or finder in connection with this transaction. ARTICLE 9 SPECIAL PROVISIONS 9.1 Restriction on Transfers and Resales. The Redeveloper shall not sell, transfer, lease or otherwise dispose of all or part of its interest in the Site, or any improvement located thereon, for a period of five (5) years after the date of the issuance of a Certificate of Completion for the improvements on the Site without first obtaining the prior written consent of the Agency. Except as set forth below, such consent shall not be unreasonably withheld. Any attempted sale, transfer, lease, or other disposition in violation of this Section 9.1 shall be entirely without force or effect and shall constitute a default under this Agreement. Notwithstanding anything to the contrary contained in the Section 9.1, the foregoing prohibition shall not apply to the sale, transfer or other disposition of an interest in the Site or any improvement located thereon, to any of the parties identified in Section 5.14 of this Agreement. 30 9.2 Amendment of Redevelopment Plan. Amendments to the Redevelopment Plan applying to other property in the Project Area shall not require the consent of the Redeveloper. Redeveloper shall not be bound by any changes to the Redevelopment Plan, which may be applicable to the Site and which are inconsistent with the uses permitted under this Agreement, without the consent of Redeveloper. 9.3 Amendments to This Agreement. The Redeveloper and the Agency agree to mutually consider reasonable requests for amendments to this Agreement which may be made by any of the parties hereto, lending institutions, or bond counsel or financial consultants to the Agency, provided said requests are consistent with this Agreement and would not substantially alter the basic business terms included herein. 9.4 Entire Agreement, Waivers and Amendments. This Agreement is executed in two (2) or more duplicate originals each of which is deemed to be an original. This Agreement comprises Pages 1 through 32 inclusive, and Exhibits "A" through "H", attached hereto and incorporated herein by reference, which constitute the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the Agency and the Redeveloper, and all amendments hereto must be in writing and signed by the appropriate authorities of the Agency and the Redeveloper. 9.5 Time for Acceptance of Agreement by Agency. This Agreement, when executed by the Redeveloper and delivered to the Agency, must be authorized, executed and delivered by the Agency not later than the time set forth in the Schedule of Performance (Exhibit "E"), and in accordance with state law pertaining to public notice and hearing, or this Agreement shall be void, except to the extent that the Redeveloper shall consent in writing to further extensions of time for the authorization, execution and delivery of this Agreement. The effective date of this Agreement shall be the date when this Agreement has been signed by the Agency. THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO Date: Executive Director ATTEST: Secretary FUN PROPERTIES A California Limited Liability Corporation By: ;fls•o&.&/ T Of ice/Title 32 EXHIBIT A SITE MAP EXHIBIT B LEGAL DESCRIPTION OF PROPERTY nr'1 EXHIBIT C UNDERTAKINGS OF REDEVELOPER Redeveloper shall construct a 24,000 gross square foot building which shall house a 5,000 square foot FUN CENTER and a 19,000 square foot skating rink, with required parking, landscaping and other improvements per approved plans. An outdoor skating area shall further be constructed in accordance with plans to be approved. 2. Redeveloper shall pay all fees for permits and developer fees imposed by the City of San Jacinto and other utility or public entities. 3. Construction of the project shall be made in accordance with all zoning, parking, building, design, signage or other laws and regulations of the City of San Jacinto and other applicable laws and regulations. 4 As further consideration for Agency's conveyance of the two acres (Lot #1, Site Map) to Redeveloper, Redeveloper consents and agrees that it shall pay to Agency the following fees/tax based upon admissions to the facility, which payment may (at the option of Agency) be established pursuant to an ordinance creating an excise tax; A. $.10 per admission for every admission made during the first year commencing upon date of opening of the facility. B. $.15 per admission for every admission made during the second year after opening of the facility. C. $.25 per admission for every admission made during the third and all subsequent years of operation of the skating rink. This requirement shall survive the termination of the Agency or the Redevelopment Plan at which point, payment shall be made to the City of San Jacinto. 5. Redeveloper, at its own expense, shall provide all fixtures, furnishings and equipment for establishment of the rink and entertainment center anticipated and described in this Agreement. 6. Redeveloper shall obtain its own financing for all improvements required under this Agreement, except as otherwise provided in this DDA. 7. The Site shall be annexed into C.F.D. No. 3, providing for public safety, and Redeveloper shall pay annual assessments therefor. ^5 8. Redeveloper and its successors shall maintain and repair the Site and all improvements thereon. 9. Redeveloper shall comply with all other obligations and requirements imposed upon it pursuant to this DDA. 10. Redeveloper shall be responsible for upgrade of water utility facilities upon or about the Site as may be required by EMWD, to establish sufficient water flows and fire flows. 11. Redeveloper shall execute a reciprocal easement agreement providing reciprocal parking and access rights for adjacent developers within the entertainment center. The terms of said agreement to be negotiated prior to close of escrow. 12. Redeveloper shall make all payments of principal and interest as required pursuant to the note and deed of trust referred in Exhibit "D". EXHIBIT D UNDERTAKINGS OP AGENCY 1. Provided Agency is successful in acquiring title to the Site, Agency will deed the project site to Redeveloper; the site to be approximately two and one-half acres and shown in its approximate location on Exhibit "A" as "Lot 1". Consideration for such transfer shall be the Undertakings of Redeveloper as shown in this Disposition and Redevelopment Agreement with exhibits. The form of deed shall be as attached to this Agreement as Exhibit "F". 2. In addition to any loan provided under paragraph 4 below, Agency shall loan to Redeveloper the sum of $300,000.00, which shall be used by Redeveloper for construction and development of parking lot and outdoor skating area. Said amount shall be funded in the form of a "construction loan" funded through Escrow in increments of $50,000.00 each to Redeveloper, upon presentation of verifiable billings for improvements constructed. Redeveloper shall provide Agency with such billings which shall be approved/rejected by Agency within 10 days. If approved by Agency, and within such 10 day period, Agency shall deposit with Escrow such $50,000.00 installment for distribution to Redeveloper. Said loan shall bear interest at 6% per annum commencing 6 months from close of Escrow. All distributions shall be made pursuant to the above process within 6 months from close of Escrow, and if not made, Redeveloper shall waive entitlement to the balance of the loan. The note shall thereafter be endorsed to reflect the true amount of principle so loaned. Such note and deed of trust shall be in substantial form as the attached Exhibit "G". 3. Agency shall complete the paving of Entrada Road from San Jacinto Avenue to the Site. Redeveloper acknowledges that Agency does not presently own the southerly portion of the Entrada and is presently negotiating toward purchase of the necessary land to complete this provision. Agency shall use reasonably diligent efforts to acquire the land and to complete these improvements at the earliest possible time. 4 In addition to the cash amount loaned to Redeveloper as provided in Paragraph 2, above, Agency with the consent of the City of San Jacinto, agrees that it will forestall collection and thereby loan to Redeveloper the full amount of actual City of San Jacinto Non -General Fund and Mitigation Fees that result from the project (see Exhibit "H"). This loan does not include fees of other agencies which shall be paid by Redeveloper. Said loan amount shall be evidenced by Redeveloper's promissory note, and said amount shall be added to and be payable pursuant to the same terms and conditions as the loan described in Paragraph 2, above. Said loan shall be secured by deed of trust upon the Site. (See Exhibit "G"). EXHIBIT E SCHEDULE OF PERFORMANCE Execution of DDA Agency Acquisition of Site Open of Escrow (within five days after Agency acquisition of site) Deliver Preliminary title report to Buyer for approval (within ten days after open of escrow) Redeveloper to deliver executed Note and Trust Deed to escrow (within 20 days after open of escrow) Redeveloper to deposit escrow fees and costs (20 days after open of escrow) Agency to deposit escrow fees and costs (20 days after open of escrow) Agency to deliver executed Deed into escrow (25 days after open of escrow) Agency to deposit loan proceeds with escrow (at closing) Closing of escrow (30 days after opening) [Provide Construction Schedule] n r n 0 EXHIBIT F FORM OF GRANT DEED RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO AND MAIL TAX STATEMENTS TO: By: Document Transfer tax is: (computed on value of property conveyed) Agent Determining tax GRANT DEED SAN JACINTO REDEVELOPMENT AGENCY, a public body, corporate and politic, of the State of California, herein called "Grantor" or "Agency" acting to carry out that certain Redevelopment Plan (herein called "Redevelopment Plan") for the San Jacinto Redevelopment Project No. 1, herein called "Project", under the Community Redevelopment Law of California, hereby grants to FUN PROPERTIES, a California limited partnership, herein collectively called "Grantee" or "Redeveloper" the real property hereinafter referred to as "the Property", described in Exhibit A attached hereto and incorporated herein, subject to any existing easements, restrictions and covenants of record. Unless stated otherwise, all capitalized terms herein shall have the same meaning as set out in the DDA (described in Section 1 hereinbelow). Section 1. Uses For a period commencing upon [date of recording of Grant Deed] and expiring on June 28, 2028 [the termination date of the Redevelopment Plan], the Property may only be used for the construction and commercial operation of retail/entertainment establishments, and subject to the obligations and limitations of that certain Disposition and Redevelopment Agreement dated as of , 1994, between Grantor and Grantee (the "DDA"), a copy of which is on file with the Agency as a public record and is incorporated herein by reference, and in pursuance of the Redevelopment Plan. Section 2. Obligation to Refrain from Discrimination The Redeveloper covenants and agrees for itself, any successors in interest, that there shall be no discrimination against or segregation of any person, or group of persons, on account of sex, race, color, religion, creed, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall the Redeveloper itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property. Section 3. Form of Nondiscrimination and Nonsegreaation Clause. The Redeveloper shall refrain from restricting the rental, sale, lease, or use of the Property on the basis of sex, race, color, creed, religion, marital status, ancestry or national origin of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: (A) In deeds: "The grantee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of sex, race, color, creed, religion, marital status, handicap, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." (B) In leases: "The lessee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons on account of sex, race, color, creed, religion, marital status, handicap, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein leased nor shall the lessee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein leased." (C) In contracts: There shall be no discrimination against or segregation of any persons or group of persons on account of sex, race, color, creed, religion, marital status, handicap, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land." Section 4. Effect and Duration of Covenants Grantee, and any successor to Grantee, shall be responsible for and liable for the performance of the provisions of Sections 1, 2, 3, 6, 8, and 9 during such period of time as it shall be the owner of the Property. Section 5. Covenants for the Benefit of Grantor All covenants set forth in Sections 1, 2, 3, 6, 8 and 9 of this Deed without regard to technical classification or designation shall be binding for the benefit of the Grantor, and such covenants shall run in favor of the Grantor for the entire period during which such covenants shall be in force and effect, without regard to whether the Grantor is or remains an owner of any land or interest therein to which such covenants relate. The Grantor, in the event of any breach of any such covenants, shall have the right to exercise all the rights and remedies and to maintain any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach. Section 6. Mortgage Protection No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Grant Deed shall defeat or render invalid or in any way impair the lien or charge of any mortgage or deed of trust, provided, however, that any subsequent owner of the Property shall be bound by such remaining covenants, conditions, restrictions, limitations and provisions, whether such owner's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise. Section 7. Amendments Both Grantor, its successors and assigns, and Grantee and the successors and assigns of Grantee in and to all or any part 00,12 of the fee title to the Property shall have the right to consent and agree to changes in, or to eliminate in whole or in part, any of the covenants, easements or restrictions contained in this Grant Deed without the consent of any tenant, lessee, easement holder, licensee, mortgagee, trustee, beneficiary under a deed of trust or any other person or entity having any interest less than a fee in the Property. The covenants contained in this Grant Deed, without regard to technical classification shall not benefit or be enforceable by any owner of any other real property. Any amendments to the Redevelopment Plan which change the uses or development permitted on the Property, or otherwise change any of the restrictions or controls that apply to the Property, shall require the written consent of Grantee or the successors and assigns of Grantee in and to all or any part of the fee title to the Property, but any such amendment shall not require the consent of any tenant, lessee, easement holder, licensee, mortgagee, trustee, beneficiary under a deed of trust or any other person or entity having any interest less than a fee in the Property. Section 8. Right to Repurchase and Re -Vest Title to Property The Agency has the additional right, at its option, to reenter and take possession of the Property, with all improvements thereon, and terminate and revest in the Agency the estate conveyed to the Redeveloper, if the Redeveloper (or its successors in interest) shall: a. Fail to commence construction of the improvements as required by the DDA for a period of sixty (60) days after written notice thereof from the Agency to proceed; or b. Abandon or substantially suspend construction of the improvements for a period of ninety (90) days after written notice of such abandonment or suspension from the Agency; or c. Assign or attempt to assign the DDA, or any rights therein, or transfer or suffer any involuntary transfer or the Property or any part thereof in violation of the DDA, and such violation shall not be cured within sixty (60) days after written demand from the Agency. d. Failure to complete construction and establishment of the commercial entertainment use within the specified times or any reasonable extension thereof as provided in the DDA. Except as so extended, time is of the very essence of this Agreement. 0, n 3 8.1 The right to reenter, repossess, terminate and revest shall be subject to and be limited by and shall not defeat, render invalid or limit: a. Any mortgage, deed of trust or other security instrument or sale and lease -back or other conveyance for financing permitted by the DDA; or b. Any rights or interest provided in the DDA for the protection of the holders of such mortgages, deeds of trust or other security instruments, the lessor under a sale and lease -back or the grantee under such other conveyance for financing, providing that nothing herein shall be deemed to impose upon the Agency any affirmative obligations (by the payment of money, construction or otherwise) with respect to the Property in the event of the Agency's exercise of any rights under the DDA. 8.2 Upon the revesting in the Agency of title to the Property or any part thereof, the Agency shall, pursuant to its responsibilities under state law, use its best efforts to resell the Property or such portion thereof as soon and in such manner as the Agency shall find feasible and consistent with the objectives of such law and of the Redevelopment Plan to qualified and responsible party or parties (as determined by the Agency) who will assume the obligation of making or completing the improvements, or such other improvements in their stead, as shall be satisfactory to the Agency and in accordance with the uses specified for the site or such portion thereof, in the Redevelopment Plan. Upon such resale of the Property or such portion thereof, the proceeds thereof shall be applied: a. First, to reimburse the Agency on its own behalf or on behalf of the City, for all costs and expenses reasonably incurred by the Agency in connection with the recapture, management and resale of the Property or such portion thereof (but less any income derived by the agency from the Property or such portion thereof in connection with such management): all taxes, assessments, and water and sewer charges with respect to the Property or such portion thereof, or in the event the Property or such portion thereof is exempt from taxation or assessment or such charges during the period of ownership, then such taxes, assessments or charges (as determined by the county assessing official) as would have been payable if the Property, or such portion thereof were not so exempt); any payments made or necessary to be made to discharge or prevent from attaching or being made a subsequent encumbrance or lien due to obligations, defaults or acts of the Redeveloper, its successors, or transferees, any expenditures made or obligation incurred with respect to the making or completion of the improvements or any part thereof on the Property or such portion thereof; and by amounts otherwise owing the Agency by the Redeveloper; b. Second, to reimburse the Redeveloper, its successor or transferee, up to the amount equal to the costs incurred for the development of the Property or part thereof for the construction of the improvements thereon. Any balance remaining after such reimbursement shall be retained by the Agency as its property. The rights established in this Section are to be interpreted in light of the fact that the Agency is conveying the Property to the Redeveloper for development and not for speculation in undeveloped land. Section 9 Sales or Transfer of Property Grantee covenants that he shall not make any sale, transfer, conveyance or assignment of the Property or any part thereof or any interest therein without the prior written consent of Grantor, in accordance with the DDA. IN WITNESS WHEREOF, the Grantor and Grantee have caused this instrument to be executed on their behalf by their respective officers hereunto duly authorized, this day of , 19 ATTEST: By: By: Secretary By: SAN JACINTO REDEVELOPMENT AGENCY Chairman AGENCY "GRANTOR" FUN PROPERTIES, a Limited Partnership REDEVELOPER "GRANTEE" Title --1 EXHIBIT "G" DO NOT DESTROY THIS NOTE: When paid, this no,e and the Deed of Trust must be surrendered to the First American Title Insurance Company with request for reconveyance. STRAIGHT NOTE $ 327,484.00 San Jacinto , California, (date of close of escrow) after date, for value received, FUN PROPERTIES, a California Limited Partnershippromiseg_ to pay to SAN JACINTO REDEVELOPMENT AGENCY, a Body Politic or order, 201 East Main Street, San Jacinto, California 92583 at the sum of 327 , 484.00 Dollars, six (6) with interest from until paid, at the rate of (six months from date of close of escrow) per cent, per annum, payable as follows: 1. Payments shall be made in 10 annual installments commencing (30 months from close of escrow). 2. From six months from close of escrow until the due date of the first annual installment, interest shall accrue at the within stated rate and interest so accrued shall be added to the principal and shall thereafter bear like interest. 3. Each annual installment shall be paid pursuant to the payment schedule attached hereto as Exhibit "A". The payment schedule attached presupposes payment by debtor of the minimum annual amounts due. Debtor may pre —pay or pay down such debt, in which case interest shall be computed upon the remaining principal balance; however, any payments made shall first be applied to accrued interest and thereafter against principal. Should interest not be so paid, it shall thereafter bear like interest as the principal, but such unpaid interest so compounded shall not exceed an amount equal to simple interest on the unpaid principal at the maximum rate permitted by law. Should default be made in the payment of any installment of interest when due, then the whole sum of principal and interest shall become immediately due and payable at the option of the holder of this note. Should suit be commenced to collect this note or any portion thereof, such sum as the Court may deem reasonable shall be added hereto as attorney's fees. Principal and interest payable in lawful money of the United States of America. This note is secured by a certain DEED OF TRUST to the FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, as TRUSTEE. FUN PROPERTIES, a California Limited Partnership By: Title: General Partner V rt 1124 l4/721 EXHIBIT "A" to Promissory Note Date , 1994 Close of escrow 1. , 1997* 2. , 1998 3. , 1999 4. , 2000 5 , 2001 6. , 2002 7 , 2003 8. , 2004 9 , 2005 70 , 2006 Interest Principal Interest Accrued Payment Due Accrued interest for 24 months, $39,298.08 $39,298.08 $36,678.21 $36,678.21 $36,678.21 $36,678.21 $36,678.21 $36,678.21 $36,678.21 $36,678.21 $36,678.21 $36,678.19 Total Payment Due $36,678.21 $19,806.23 $56,484.44 $17,605.54 $54,283.75 $15,404.85 $52,083.06 $13,204.15 $49,882.36 $11,003.46 $47,681.67 $ 8,802.77 $45,480.98 $ 6,602.08 $43,280.29 $ 4,401.38 $41,079.59 $ 2,200.69 $38,878.88 Payments commence upon this date which date is 30 months from CDE, at which time the principal balance shall include accrued interest from six months from close of escrow, totaling $366,782.08. Thereafter, interest shall accrue at 6% per annum upon the remaining balance. Balance $327,484.00 8366,782.08 $330,103.87 $293,425.66 $256,747.45 $220,069.24 $183,391.03 $146,712.82 $110,034.61 $ 73,356.40 $ 36,678.19 der No. Escrow No. Loan No. WHEN RECORDED MAIL TO: San Jacinto Redevelopment Agency 201 East Main Street San Jacinto, CA 92583 SPACE ABOVE TMIS LINE FOR RECORDER'S USE DEED OF TRUST WITH ASSIGNMENT OF RENTS (SHORT FORM) This DEED OF TRUST, made , between FUN PROPERTIES, a California Limited Partnership, herein called TRUSTOR, whose address is 12356 Central Avenue, Chino, California91710 (Number and Street) (City) (Slate) FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called TRUSTEE, and SAN JACINTO REDEVELOPMENT AGENCY, a body politic , herein called BENEFICIARY, WITNESSETH: Thal Trustor grants to Trustee in Trust, with Power of Sale, that property in the County of , State of California, described as: Description on attached Exhibit "AI' Together with the rents. issues and profits thereof, cubiect, however, to the right. power and authority hereinafter given l0 and conferred upon Beneficiary collect and apply such rents, ..suet and profit.. 327 484 . 00 For the Purpose 0) Securing LI) payment 0f tilt sum ol S s with interest thereon according to the terms of a promissory nom or notes of even dare herewith made by Trvsor, payable to order of Beneficiary. and extensions or renewals thereof. and (21 the performance of each agreement of Trustor incorporated by reference or contained herein (31 Payment of additional sums and interest (hereon which may hereafter be loaned to Trustor, or his successors or assign., when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. To protaa the security of this Deed of Trutt. and with respect to the property above described. imam.' expressly makes each and all of the agreements, and adopts and agrees to perform and be bound by each and all ol the terms and provisions sal forth in subdivision A. and it is mutually agreed that each and all o1 the terms and provisions set forth in subdivision B of the fictitious deed of trust recorded in Orange County August 17, 1961, and in all other counties August IS 1964, in the back and at the page of Official Record. in the once o1 the county recorder of the county where said property is located, nosed below opposite the name ol such county, namely: COUNTY BOOK PAGE COUNTY BOOK PAC! COUNTY BOOK PAGE COUNTY BOOK PAGE Alameda 1288 556 King. 858 713 Placer I078 379 Si 38 117 Alpine 3 130.3I Lake /37 110 Plumes Ibb 1307 siskiysu 506 762 Amader 133 431 lane.. 192 367 Riverside 3775 347 Solana 1287 621 Butte 1330 513 Los Angela. 1.3878 874 Sacramento 5039 124 Sonoma 2067 427 Cal 185 338 Madera 911 136 San Benito 300 405 St.ntalaua 1970 56 [close 323 791 Morin 1849 122 San B Trio 6213 768 Sulzer 655 585 Contra Costa 4684 1 Mariposa 90 453 San Francisco A•e04 596 Tahama 457 183 Del Norte 101 549 Mendocino 667 99 San Joaquin 2855 28] Trinity 108 595 El Oeredo 704 635 Merced 1660 753 San Luis Obispo 17I1 137 Talon 3370 101 Fresno 5052 623 Madnn (91 93 San Mateo 1778 175 Tuolumne 177 160 Glenn 469 76 Mena 69 707 Santa Barbara 2065 Ill V 2607 277 Humboldt 801 83 Monterey 357 239 Santa Clan 6626 664 Polo 769 16 Imperial 1189 701 Napa 704 742 Santa Crux 1638 607 Tuba 398 693 Inye 165 672 Nevada 363 94 Shasta 800 633 Kern 3756 690 Orange 7182 18 San Otago SERIES 5 Beek 1964, Page 149774 shall Inure to and bind the parties hereto. with respect to the properly above described. Said agreement., berm, and provision. contained In raid subdivision A and B. (identical in all counties, and printed on the reverse side hereof) are by the within reference thereto, incorporated herein and made • part of this Deed of Trust for all purposes as Tully as if rat forth at length hereon, and Beneficiary may charge for a statement regarding the obligation leaned hereby, provided the charge therefor does not exceed the maximum allowed by law. The undersigned Truman, requests that a copy of any notice of default and any notice o1 sale hereunder be marled to him at his address herelnbelore set forth. STATE OF CALIFORNIA 9a COUNTY OF On before me, the undersigned, a Notary Public In and for said Slate. per. sonally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the personlsl whose neme)s) Is/are aueacnbed to the wtlhln Instrument and acknowledged to me that he/she/they executed the same. WITNESS my hand and olimlal seal. Signature of Trustor FUN PROPERTIES, a California Limited Partnership By: TitiP• n 4 DO NOT RECORD The following is e copy of Subdivisions A and B of the fictitious Deed of Trust recorded in each county in California as mated en the foregoing Deed of Trutt and in, corporared by :aference m said Deed of Trust as being a pan Ihereol as d 1 I Inrth al length therein. A. To protect the security of inn Deed of Trust. Truslor agrees. 11l To keep solo properly in good condition and repair. not t0 remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike manner any budding which may be constructed, damaged or destroyed thereon and ID pay when due all claims lor labor panorama and materials furnished therefor. to comply with all laws al lecling said property or requiring any alterations or Improvements to be made thereon; not 10 commit or permit wash thereof: not to commit, suffer or permit any an upon said property in violation of law. to cultivate. irrigate, fertilize, fumigate, prune and do all other aces which Irom the character or use 01 said property may be reasonably necessary. the specific enumerations herein not excluding the general. 121 To provide, maintain and deliver to Beneficiary lire insurance satislactory to end with loss payable to Beneficiary. The amount collected under any lire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiarymay determine. or at Option of Bene- ficiary the entire amount so collected or any part thereat may be released to Trustor. Such application or release shall not cure Or waive any default or notice of default hereunder Or invalidate any act done pursuant to such notice. 17 To appear in ono defend any action or proceeding purporting to affect the security hereof or the rights or powers of Banslkiery or Truttser an0 to pq nil costs and ekpinses, including cost of evioence of Inle and attorney's tan m a reasonable sum, in any such action or proc.Nmg m which Bendkleryor Trust.. may appear, and in any suit brought by Beneficiary to foreclose this Deed. 141 To pay. at least ten days before debnouency all takes end assessments affecting said properly, including assessments on appunenant were, stock; when due, all incumbrgnces, charges and liens. with interest. on said property or any pan thereof. which appear 10 be prior or superior hereto; all corn. ids end mimeos o1 This Trust. Should Trustee lid to make any psyment or to do any act es heroin provided, then Beneficiary ar Trustee, but without obligation so to do and without nonce to or demand upon Truster and without releasing Tnator from any obligation hereof. may: make Or do the same in such manner and to such amens n either may deem necessary to protect the security hereof, Benehniery or Truttee being authorized t0 enter upon said properly for such purposes: appear its and defend any action or pro - merging purpaning to affect the security hereof or the rights or powers of Beneficiary or Trualee; pay. purchase, dontnl or compromise any encumbrance. charge or tin which in the Judgment eel either appears to be prior ar superior hereto; and, in exercising any such powers, pry necessary expenses, employ counsel and pay h)s reason- able lees. 15) To pay Immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date of expenditure at the amount allowed by law in el sect at the date hereof. and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded. B. It Is mutually agreed. 111 That ony award of damages in eonnectron with any condemnation lor public use of or injury to said property or any pert thereof is hereby maned and shall be paid to Beneficiary who may apply or release such moneys received by him in the teme manner and with the same effect es above provided for dispmdan of proceeds of fire or other insurance. 12) That by accepting payment of any sum secured hereby alter endue data, Beneficiary does not waive his right either to require prompt payment when due of ell other sums so secured or to declare default lor failure s0 to pay. U) That at any time ar from time to time, without liability therefor and wnh0et nonce, upon written request of Beneficiary end presentation of this Deed and hid note for endorsement. and without affecting the personal liability al any person for payment of the indeblednen secured hereby. Trustee may: raconvey any peel of said property. consent t0 Inc making of any map or plat thereat, loin In granting any easement thereon: or loin in any extension agreement or any agreement subordinating the lien or charge nere0l. 141 Thal upon written request of beneficiary stating that all sums secured hereby have been paid, end upon surrender of this Oeed and said note to Thrum for cancellation and retention or other disposition as Trustee in its sole dlscrellon may choose and upon payment Of in fees. Trustee shall reconvey, without warrnry, the properly then halo hereunder. Tree recitals in such rKnnyeyan0e el any mailers or facts an all be c0ncluaiye aroal of Ina IIutnfulness thanker. The Grantee in such reeonveyance may be described as "she person or person legally entitled thereto.' 151 That as additional security. Truster hereby awes to and conlen upon Beneficiary the right. paver and authority. during one contenuenca of then Trusts. to collect the rents, Issues and profits of said property. reserving unto Truster the right, prior to eny default by Truster in payment of any indebtedness secured hereby or in performance of any agreement hereunder, t0 couect and retain such rents. issue and profits as may became due and payable. Upon any such dilwll. Beneficiary may at any time without notice, either in person. by agent. or by a manor to be appointed by a court. and without regard to the a0equecy o1 any security far the in debtedneuhereby fecund. enter upon and rake possession of sold property or any pert thereof. in his own name we for or Olhelwela collect such rents. Issues. end prof- its. including those past due end unpaid, ano apply the tame. leaf costs and expanses of operation and collection. including renoneble alturney's Ins. upon any indebted- ness secured hereby. end in such order as Beneficiary may determine. The entering upon end taking possession of said properly, the mitigation of such rents. name and profits and the application thereof as aforesaid. shall not cure or wave any default or notice Of default hereunder or invalidate any act done pursuant to such notice. 16) That upon default by Truslor in peymenl of any indebtedness secured hereby or in performance of env agreement hereunder, Beneficiary may declare all sums secured neredv immedialely due and payable by delivery to Trustee of wrilren declaration of default and demand for late and of written notice of default and of election to cause to be told said property. which notice Trustee shell visa to be filed for record. Beneficiary also droll deposit with Trustee Mu Deed. said note end all documents evidencing eapendilur.. secured hereby. Alter the lapse of such time at may then be rewired by lea following the recordation of said notice of default. and nmka of fele having been seven as then re quired by law, Tmst..,•wilnoul demand on Truster, shell fell said properly at the time end place fiend by it in said notice al sale. either as 1 whole or In eepvate par - eels. and in such order as it may denrmme, et public auction to the highest bidder for cash in lawful money of the United State. payable n time of sae. Trustee they postpone sale of all Or any portion al said property by public announcement at such time and place of salt and from time 10 time thereafter may postpone wen UM by public announcement al the tune fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the properly so sold. but with- out any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the vuthfulnea thereof. Any parson, including Truslor, Trustee, ar Beneficiary as hereinalter defined. may purchase at sues sale. After deducting all costs, feet and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sets. Trustee shell ripply the pro - coeds of sale to payment of; all sums expended under the terms hereof, not then repaid. with accrued i0reresr at the amount mowed by law in effect at the date hereof: all other sums Then secured hereby; and the remainder. if any. to Inc person or parsons legally entitled thereto. 171 Bandkiery, ar any successor in ownership of any indebtedness secured hereby. may from time to time, by Instrument in writing. substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged end recorded In the office of rho recorder o1 the county or counties werr said properly Is situated, shall be condoms proof of proper wbnwlldn 01 such successor Trustee or TN.IeeL who Nell. without convey wee from th.TNtln predecessor. succeed mall in title, estate. rights, powers and donee. Sold Instrument must confine the name of the original Tonto', Trustee and Beneficiary hereunder. Melon* and page when that Deed O recorded end the name and address of the new Trustee. (BI That this Deed applies to, mum to the benefit of. and binds ell parries hereto, their heirs. legate... demotes, administrators, exeuvtors. summers end 6 signs. The term Beneliciary shell men tree owner end holder, including pledgees, of the note secured hereby, whether or not named as Beneficiary harem. In this Deed, whenever the context so requires. the memo me gender mcludn the feminine ano/or neuter. and the angular number includes the plural. 191 That Trustee accepts the, Trust when this Deed, duly executed and acknowledg.d. is made s public record as provided by Isis. Trustee Is not obligated to notify any party hereto of pending sale under any otner Deed of Tnnt or of any action or proceeding in which Twstor, Beneficiary or Trustee then be 1 party unless brought by Trustee. DO NOT RECORD TO FIRST AMERICAN TITLE INSURANCE COMPANY. TRUSTEE: The undersigned is the legal owner end holder of the non or notes. end of II other indebtedness secured by the foregoing Deed of Trust. field note or notes. to- pother with all other indebtedness secured by said Geed of Trust. nave been fully paid and satisfied; and you are hereby requested and directed. on payment to you of any sums owing to you under the terms al sold Deed of Trust. to cancel said note or notes above mentioned. and all other evidences of indebtedness teemed by said Deed of Trust descend to you herewith. together with the sad Deed of Trutt. end to recomey, without warranty, to the panin deogneted by the terms of Said Deed of Trust, all thg estate now hard by you under the sane. Dated REQUEST FOR FULL RECONVEYANCE Please mail Deed of Trust. Note and Reconvayance to Do nor lore or destroy Zhu Deed of Truth OR THE NOTE which it lecurea Both Mori be delivered to the Tmttee for cancellation before reconveyance wail be made. WITH POWER OF SALE a First American Title Insurance rQ C 0 V EXHIBIT "H" CITY OF SAN JACINTO PERMIT AND DEVELOPER FEES 1. The following fees of the City of included and paid as part of the promissory of trust (Exhibit "G"); Flood Control Improvement Fee Traffic Signalization Fire Station Mitigation Fee San Jacinto shall be note secured by deed $12,438.00 6,750.00 8.296.00 $27,484.00 2. The following fees of the City of San Jacinto shall be deferred until completion of the final inspection and issuance of Certificate of Occupancy, at which time they shall be paid in full: Planning Fees, Sprinkler Fee, Building Permit Fees, and other City of San Jacinto General Fund Fees, estimated total approximately $18,500.00. ^n:r,0 5 A N JACINTO Staff Report TO: Honorable Mayor and Members of the City Council FROM: Pamela L. Lee, Deputy City Clerk Via: Pamela S. Easter, City Manager DATE: February 7, 1995 RE: Minutes of Regular Meeting of January 17, 1995 RECOMMENDATION: Approve the Minutes of the Regular Meeting of January 17, 1995, as presented. MINUTES SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND INDUSTRIAL DEVELOPMENT AUTHORITY AND THE SAN JACINTO FINANCING AUTHORITY JANUARY 17, 1995 1.0 CALL TO ORDER The Regular Meeting of the San Jacinto City Council was called to order at 7:32 P.M. by Mayor Hafliger in the Community Center, 625 South Pico, San Jacinto, California Present: Councilmembers Leahy, Oaks, Solorio, Williams and Mayor Hafliger Absent: None Prayer of Invocation was give by Pastor Randy Leeper Pledge of Allegiance was led by Mayor Hafliger 2.0 SPECIAL PRESENTATIONS 2.1 5 Year Service Awards Mayor Hafliger made presentations to Police Sergeant Fred Rodriguez and Police Officer Ken Southern. 2.2 Employee of the Year 1994 Mayor Hafliger made a presentation to Police Officer Nathan Miller. 2.3 City Pride Business Award Mayor Hafliger made a presentation to Ernie and Connie Contreras for their rehabilitation and restoration of The Hogan. 3.0 PUBLIC COMMENTS Bob Zambon commended City of Hemet for their work for the Senior Housing Protection Committee, and the San Jacinto Emergency Services responses, relating some personal experiences, as well as some negative responses pertaining to Hemet emergency services. Urged Council to keep such services separate and not jointly with Hemet. 1 January 17, 1995 4.0 REDEVELOPMENT AGENCY None 5.0 CONSENT CALENDAR - CITY COUNCIUREDEVELOPMENT AGENCY At the hour of 7:49 convened the Redevelopment Agency in joint session with the City Council for the consideration of the following items: A MOTION was made by Councilmember Leahy, seconded by Councilmember Oaks, to approve the consent calendar as presented. Motion carried on a 5-0 vote. 5.1 Minutes - Regular Meeting of January 3, 1995 Approved the minutes for the Regular Meeting of January 3, 1995, as presented. 5.2 Warrant Register Approved warrant numbers 39371 through 39488, dated January 15, 1995 in the amount of $406,479.21 and Payroll check numbers 4334 through 4520 dated January 6, 1995. 5.3 Resolution Establishing a Labor Compliance Program Adopted Resolution No. 95-2 establishing a Labor Compliance Program for the City of San Jacinto. RESOLUTION NO. 95-2 A RESOLUTION OF THE SAN JACINTO CITY COUNCIL ADOPTING THE LABOR COMPLIANCE PROGRAM PURSUANT TO LABOR CODE SECTION 1771.5 5.4 Establishment of North State Street Underground District #1 Adopted Resolution No. 95-3 setting a public hearing to consider the creation of the North State Street Underground District #1 on State Street between Ramona Boulevard and the Ramona Expressway. RESOLUTION NO. 95-3 A RESOLUTION OF THE CITY OF SAN JACINTO CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY, OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON STATE STREET BETWEEN RAMONA BOULEVARD & RAMONA EXPRESSWAY 2 January 17, 1995 5.5 Redevelopment Agency Budget Amendment Acting in the capacity as the Redevelopment Agency approved an additional $15,000 of allocation to the Fund 96 (Redevelopment Capital Projects) budget. At the hour of 7:50 P.M. adjourned the Redevelopment Agency and continued acting in the capacity as the City Council for the remainder of the agenda. 6.0 PUBLIC HEARINGS 6.1 21 st Year Community Development Block Grant Program - Selection of Projects (Continued from 1/3/95) Fire Chief Price made a presentation as contained in the staff report on file with the City Clerk. City Manager Easter advised that a brief overview of the joint community program was in the report and Police Chief Holmes and School Superintendent Bill Marshall were available for questions. Police Chief Holmes advised the Community Education Center would be used by attendance staff, the DARE officer, counseling, and after hours by a community education program, with suggestions for uses such as legal advice and outreach to disseminate information to the community on anything from child safety to anything they could come up with. In response to Council inquiry, advised the facility to house the program would be on a lease purchase to determine the success of the program. Further, the facility would be closed at night, with maybe some evening outreach programs. The School District financial commitment at present was limited to furnishing and staffing. City Manager Easter also advised that the facility would have to meet certain criteria for funding eligibility and staff would utilize the best lease purchase option possible. The item was a continued public hearing and Mayor Hafliger called for public comments. January 17, 1995 Mary Morse, Valley Restart Shelter, outlined their proposed use of funding to benefit the homeless and low income by providing emergency services, prevention measures, training and education, including literacy and career search skills. Noted they worked through the Phoenix Program and would continue to do so. Urged Council support as much as possible. In response to Council inquiry, advised they also worked with the Alliance for the Mentally III. Councilmember Leahy explained the problem facing the City with so many worthy causes and the limitation of funding. Outlined the cost effectiveness of keeping the disbursements to just a few with the amount of funding available. There being no further speakers wishing to present testimony, Mayor Hafliger closed the public hearing. A MOTION was made by Councilmember Leahy, seconded by Councilmember Oaks, to approve CDBG funding for submission to the County as follows: Public Service Projects: Phoenix Programs $12,858 Alliance for the Mentally III $10,000 City Projects: Tot Lot within Sallee Park $60,000 Curb, gutter and sidewalk projects $79,762 City/Public Service Project: Community Outreach Program $26,600 Councilmember Williams inquired if Council would be willing to amend the motion to give the remainder of funding to the Valley Youth Foundation. Mr. Price clarified for Mr. Williams there were no excess fund with the allocations outlined above. MOTION carried on a 5-0 vote. City Manager Easter commended Patti Drusky for heading up the Area Directors' Committee to review projects and make recommendations, and also thanked the United Way staff. 4 January 17, 1995 7.0 CITY DEPARTMENTS 7.1 Status of Community Garden Proposal Public Works Director Evans made a presentation as contained in the staff report on file with the City Clerk. Recommended limited city involvement, and in response to Council, did not recommend the City paying for the water. Pat Thomson advised that she would volunteer to be the coordinator liaison with Mr. Evans. Did, however, feel the City would need to provide the water to the site at no cost, and did not think it would be much. Had contacts from 27 people and with time, felt she could have 50. They would encourage flowers for aesthetic reasons, and also composting. City Attorney Cox, in response to Council, advised there was always potential liability when City property was involved. Cited if someone were injured the City was self insured through CVJPIA with a $125,000 retention, so anything below that would come from City funds. Mr. Evans, in response to Council concern, stated that the actual installation of the water service and back -flow prevention device would not take place until such time as the project was confirmed. It was only a concept at the present time. The final approval would come back to Council. A MOTION was made by Councilmember Oaks, seconded by Councilmember Leahy, to approve the concept of a Community Garden and approve the city's installation of water service and back -flow prevention device up to $2,500.00, pending approval by the Community and provide the site on Mountain Avenue, south of Esplanade Avenue. Some Council concerns voiced regarding whether or not the community would really follow through and the City expending funds for nothing. Council comments that the City expenditure needed to be included in the motion to include it in the budget. City Manager Easter advised that the motion could include the need for community financial support or in kind services. 5 January 17, 1995 Mayor Hafliger asked for the motion to be restated, which was done by Deputy City Clerk Lee. Councilmember Oaks then amended the motion, which amendment was seconded by Councilmember Leahy, as follows: MOTION to approve the concept of a Community Garden, as well as authorize the expenditure up to $2,500.00 for installation of water service and back -flow prevention device, and additionally provide the site as proposed on Mountain Avenue, with the $2,500 expense depending on the contributions from the rest of the community in the budget amount as proposed by the City. Motion carried on a 5-0 vote. City Manager Easter advised that in addition, direction was needed from Council on the amount of staff time to be expended to develop implementation of the project. COUNCIL CONSENSUS that Mr. Evans attend a few evening meetings and make a few phone calls, and then bring the matter back to Council for an update. However, the Thomson's would seek the donations and community support. 7.2 Mistletoe Park Renovation Project Award of Bids - Mahr Construction Public Works Director Evans made a presentation as contained in the staff report on file with the City Clerk. Advised there were funds ($39,000) available from the state and the remainder would come from the Park Development funds. Todd Bagley, in response to Council inquiries, stated the many of the items in the project would be made of recyclable materials, particularly plastic and aluminum, which would be secured in concrete. Mr. Evans, in response to concerns regarding the bids, advised that the bid bond was contained in the bid, it was a situation of an extra bid bond page that did not need to be completed. In addition, the bidder had a B license and a member of the firm had a C 27 license, so the licensing requirement was met, contrary to another bidder's objection that the bidder did not possess the proper license. 6 January 17, 1995 Council concern that perhaps the City should not expend the funds to promote and maintain the historical fountain, which many believed they would be getting from it water with special qualities, especially if their situation called for bottled or some type of purified water. A MOTION was made by Councilmember Williams, seconded by Councilmember Oaks, to award the bid for renovation of Mistletoe Park to Mahr Construction of Oceanside, for the low bid of $207,941, but with the deletion of item number three. Concern voiced on what to do at the site with the elimination of item number three and the possibility of some commemorative plaque. City Manager Easter advised that staff would have to amend the plans and understood the need to demo the existing brick structure. Staff would review the issue and come back to Council with a recommendation at the next meeting, if necessary. MOTION carried unanimously. 7.3 Ramona Boulevard Speed Study Public Works Director Evans advised that staff would proceed with a speed survey on Ramona Boulevard. Staff had determined that city wide there were 105 locations on 22 streets which needed a survey and had determined it could be done for the cost of $1,875, and $800 for the Traffic Engineer to formulate a report, which would stand up in court, from the data. Staff recommended the Council authorize staff to proceed with the study. City Manager Easter advised that the City Attorney recommended the speed study be brought back at the next meeting for Council approval, since it was not officially listed on the posted agenda. City Manager Easter thanked staff and volunteers for their organized implementation and response to flooding, which provided the best documentation necessary for FEMA reimbursement. Police Chief Holmes showed Council the new police patches. Added the comments from the dispatch staff on the excellent job during the flooding. 7 January 17, 1995 8.0 MAYOR/COUNCILMEMBER REPORTS/DISCUSSIONS 8.1 Report from Ad Hoc Council Committee on Recycling Contract Negotiations with O.K. Associates City Manager Easter stated the report was from the Ad Hoc Committee, made up of Councilmembers Leahy and Oaks. Stated that she, Joyce Marshall and Jim Cox also participated and were available for questions. Councilmember Oaks felt the OK Associates proposal offered what the City -to -City proposal lacked. However, OK Associates was unable or unwilling to negotiate in a professional manner and he hoped the Hemet Council would realize the City was looking for the best deal for their residents and the City -to -City proposal was precursory to other mutually beneficial ventures. He was satisfied that they had done all they could to deal with OK Associates on recycling. Councilmember Leahy also thought this would be the way the City should go and was disappointed in the recycling talks and the inability to get an equitable agreement for everyone concerned. In addition to the City -to - City proposal, there was a contractual agreement with Hemet prior to, which she recalled vaguely. Inquired if there was any information on that? City Manager Easter stated that the Hemet City Manager advised her earlier that a recycling budget had been develop, based on a contract approach by the Hemet staff. There was, however, no follow up on it and it had been dropped by the Council ad hoc committee. The contractual approach budget has since been changed 15-20 times as the City -to -City proposal transitioned. Councilmember Leahy stated with the time constraints working under AB 939, the measure was to have started January, 1995 and run to the end of the year to meet the 25% diversion, and the contractual agreement would take too much time. Mayor Hafliger clarified that the ad hoc committee that he and Ms. Leahy were on, stated they did not want a contract and directed staff to work out a proposal by City staff, that the committee was totally opposed to a contractual agreement, so the contract was never put on the table. 8 January 17, 1995 Ms. Leahy indicated she knew the contract was a moot issue and was making a point of the time constraints. Marvin Jeglin, Representing OK Associates, advised he had sent a letter to the City Attorney which stated that certain items in the staff report were a misunderstanding, those being items 2-8, at least. Stated that OK Associates agreed on January 5th, and at the November 29th meeting, that Council had complete discretion on CPI increases, and that was included in the letter. In addition, the minutes of November 29th, page 6, indicated OK Associates agreed to the annual report fee and offered to do it, but not the SRRE and AB 939 cost, and the staff report did not indicate that. Similarly, the minutes of November 29th, page 4, relative to the pass through diversion reduction, estimated $1.22 which OK Associates was willing to return to residents, but would not agree to do so before some track record was established. OK Associates was puzzled why the City did not intend to present the waste contract section 7, which gave the advantage to residents for twice weekly waste collection and once weekly recycling, which was more than any other proposal. They also offered the advantage of manual collection and better contamination control which would allow the City to meet the diversion requirements. Because of the misunderstanding, requested the Council reconsider the termination of negotiations and adopt section 6 of the contract. Bob Zambon stated he was fortunate enough to obtain information on the City -to -City proposal and the OK Associates proposal. Both were well done, and especially excellent was the staff summarization, but he had some questions. (Mr. Zambon was searching in vain for his questions.) Mayor Hafliger clarified which proposal Mr. Zambon had. Mr. Zambon voiced some concerns regarding the truck driver wages and fringe benefits, felt it hardly covered the cost of living. Did not see where San Jacinto would be compensated if they did not meet the 25% diversion. Felt both were very good with little difference. Thanked staff for their excellent job and he would continue to study both proposals, and it had been educational. Commended Council for having taken time to do this, in addition to their regular jobs. January 17, 1995 Gary Jacobs stated that, reading the last recommendation, the two proposals did not seem that different, but that OK Associates was better. On the contract negotiations, it did not seem quite right for Hemet to keep 100% of the gross and return only 2% of the net. Thought the City should work it out with OK Associates or provide the same agreement with the City. Felt either way, that San Jacinto should not have to pay the fine if the 25% diversion was not met. Would like to see where the $480,000 for the trucks was coming from. Councilmember Leahy clarified that the Hemet proposal was a joint proposal made by Hemet and San Jacinto staff and ad hoc committees. Mr. Jacobs began speaking from the audience. Mayor Hafliger declared he would not allow debating back and forth from the audience, and that Mr. Jacobs had used his three minutes to speak. Councilmember Solorio stated, for the record, he personally did not want to go into the recycling business as a city, or as an individual, and that was what they were planning to do. None the less, cost was the issue and he wanted to caution Council on the costs encumbered for operations and administration would be a burden to buy into a program, and would be insurmountable. He inquired what was the purpose of the first staff recommendation to rescind council action. He understood that action to be, to look at the OK Associates proposal, and apparently they were unable to come to an agreement, so that would be curtailed, but Council had done what it set out to do? City Attorney Cox stated it was important to establish a clear paper trail, and the minutes had stated approval of a proposal of OK Associates and after the motion, stated the intention to enter negotiations to implement the plan. It was a matter of a clean paper trail to show the proposal as being disallowed. A MOTION was made by Councilmember Williams, seconded by Councilmember Oaks, to rescind the Council action of November 29, 1994, approving the O.K. proposal, approach the City of Hemet to implement an agreement for recycling services subject to confirmation of program parameters, and direct staff to meet with Hemet to discuss the proposed City -to -City program parameters. 10 January 17, 1995 Council discussion on the need for the Ad Hoc Committee: 1. Feeling that enough time had been spent on rehashing the issue and it was time to send staff to do their job and come back with a recommendation. Time to let staff fine tune, Council had already discussed parameters. 2. Staff knew what Council wanted for recycling and to involve Council would take too much time. 3. Inquired if staff needed an ad hoc committee from the Council? City Manager Easter advised that if issues came up that direction was needed from Council, staff would come back, and Council could decide at that time if an ad hoc committee was needed. Probably at the present time, staff had a good idea what Council was looking for and would meet with Hemet staff. If additional direction was needed, staff would come back to Council. MOTION carried on a 5-0 vote. 8.2 Discussion of Potential Date for Joint meeting with Planning Commission Community Development Director McNabb made a presentation as contained in the staff report on file with the City Clerk. Inquired if there were suggestions for items to be placed on the agenda. COUNCIL CONSENSUS to establish March 28, 1995 as a date for a Joint City Council/Planning Commission Study Session. 8.3 Proposed League of California Cities' Dues Increase A MOTION was made by Councilmember Leahy, seconded by Councilmember Williams to approve the dues increase. Motion carried on a 5-0 vote. Councilmember Leahy requested that the City approach the Soboba Indians regarding their interest in helping with the Lake Park Drive bridge. Mayor Hafliger advised that some community members were already approaching the subject. Mayor Hafliger acknowledged the birthdays of Councilmembers Leahy and Oaks, and the recent marriage of Councilmember Williams. 11 January 17, 1995 At the hour of 9:00 P.M. Council recessed. At the hour of 9:30 P.M. Council reconvened, with all members present, for closed session pursuant to the following: 9.0 CLOSED SESSION 9.1 Conference with Real Property negotiator pursuant to Government Code Section 54956.8 Property: Superblock, Area East of San Jacinto St. bounded by Esplanade & Commonwealth Negotiating Parties: Cantu, Lin, Carlson, Parker, Gorman, Delgado, Peterson, Kranz, Urick Under Negotiation: Price and terms. At the hour of 9:42 P.M. Council reconvened in open session, with all members present, and announced no reportable action being taken. 10.0 ADJOURNMENT There being no further business to conduct, the meeting was adjourned. The hour of adjournment being 9:43 P.M. Submitted by Bob Wilson, City Clerk Deputy City Clerk Approved Henry Hafliger, Mayor 12 STAFF REPORT TO: Mayor and City Council FROM Anna A. Vega, Finance Director Via Pamela S. Easter, City Manager SUBJECT: Approval of Register of Audited Demands and Payroll Cheeks DATE: February 07, 1995 RECOMMENDATION Approve warrant numbers 39489 through 39638 dated January 31, 1995 in the amount of $1,290,068.60 and Payroll check numbers 4521 through 4616 dated January 20, 1995. SUMMARY A listing of accounts payable warrants is attached for your review and approval. Payroll information is available for your review in the Finance Department. ncrnncuV vu vai av �.�. au•va..w PROGRAM: GM3-"Q _ ACCOUNTS PAYABLE... DATE LIST REPORT NUItF1ER 19 CROUP NUMBE,. i 00181 PREPAIDS ._...ACCOUNTING PERIOD: 07/1995 GROUP USER ANNE TRANS4 TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 1'DESCRIPTION 2 100 01/20/1995 003194 00 085--0000-202.21--39 HEALTH INSURANCE PREMIUM 200 01/20/1995 003195 00 065-0050--425.28-00 COBRA -PERRY 300 01/20/1995 003196 00 085-0000-202.21-31 DENTAL INSURANCE PREMIUM 400 01/20/1995 00319? 00 005-0000-•202.21-32 DENTAL INSURANCE PREMIUM 500 01/20/1995 003198 00 065-0050-425.28-00 COBRA -PERRY 600 01/20/1995 003199 HEALTH INSURANCE PREMIUM 00 085-0000-202.21-39 700 01/20/1995 003200 00 085-0000-202.21-39 HEALTH INSURANCE PREMIUM 800 01/20/1995 003201 00 050-9000-450.21 POSTAGE -WATER BILL 900 01/16/1995 003202 EMPLOYEE OF THE YEAR 1000 01/16/1995 003203 DEFERRED COMP 1100 01/16/1995 003204 VICE INVESTIGATION 1.200 01/16/1995 003205 BASIC DISPATCH COURSE 1300 01/16/1995 003206 TUITION-YVETTE ARELLANO 1400 01/17/1995 003207 TUITION-MICHAEL LYNN 1500 01/20/1995 003208 SWIFTWATER RESCUE FROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER RUE_1TATE .._ CHECK@!__.CHECK DATE TYPE LAST TRANS 0000149 HEALTH NET STMT. 00/00/0000 0039489 01/12/1995 N 0000279 DENTI CARE OF CALIFORNIA STMT. 00/00/0000 0039490 01/12/1995 N 0000279 DENTI CARE OF CALIFORNIA STMT. 00/00/0000 0039490 01/12/1995 N 0000279 DENTI CARE OF CALIFORNIA STMT. 00/00/0000 0039490 01/12/1995 0000969 AETNA HEALTH FLANS OF 00/00/0000 0039491 01/02/1995 0000969 AETNA HEALTH PLANS OF 00/00/0000 0039491 01/12/1995 0000988 BLUE CROSS OF CA. 00/00/0000 0039492 01/12/1995 10 0000369 U.S. POSTMASTER 00/00/0000 0039493 01/12/1995 00 010-1100-411.21-10 00 085-0000-202.21-29 00 010-3100-431.31-25 POST REIMBURSABLE 00 010-3100-431.31-25 POST REIMBURSABLE 00 010-3100-431.31-25 POST REIMBURSABLE 00 010-3100-431.31-25 POST REIMBURSABLE 00 010-3200-431.31-20 BRYAN FARRELL-FIRE DEFT 0001090 NATHAN MILLER 00/00/0000 0039494 01/16/1995 0000691 LINCOLN NATIONAL 00/00/0000 0039495 01/16/1995 0001109 MICHAEL LYNN 00/00/0000 0039496 01/17/1995 0001720 YVETTE ARELLANO 00/00/0000 0039497 01/17/1995 N STMT. N STMT. N STMT. N STMT. N STMT. N STMT. N REO N REO N 0001560 EVERGREEN VALLEY COLLEGE REG 00/00/0000 0039498 01/17/1995 N 0001691 SAN JOSE STATE UNIVERSITY REO 00/00/0000 0039499 01/17/1995 N 0001737 RESCUE 3 INTERNATIONAL REO . 00/00/0000 0039500 01/17/1995 N AMOUNT 16.552.93 3'2 .22 523.89 1,592.66 189.05 4, 102.31 3.016.00 950.00 250.00 452.78 460.00 2.'290.00 - 101.50 225.00 310.00 PROGRAM: GM313U AGCMNIS PAYABLE UVUAIt L1.51 r.t.run 1 rnuI,ntr% 17 GROUP NUMBER 1 FiCCOUNTING PERIOII2 GROUP U5FR ANNE 00181 FREFAIIIS 07/1995 TRANS* TRANS DATE VOUCHER B. ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 1600 01/20/1995 003209 00 099-9700-470.40-10 ESCROW 683293-24 SHAVER & •JORDAN 1700 01/20/1.995 003210 00 005-0000-202.21-29 DEFERRED COMP 1800 01/20/1995 003211 00 085-0000-202.21-29 DEFERRED COMP 1900 01/20/1995 003212 CREDIT UNION DEDUCTIONS 2000 01/20/1995 003213 NET PAYROLL 00 085-0000-202.21-41. 00 005-0000-202.21-30 2100 01/20/1995 003214 00 REPLENISH POSTAGE METER 2200 01/20/1995 003215 00 REPLENISH POSTAGE METER 2300 01/20/1995 003216 00 REPLENISH POSTAGE METER 2400 01/20/1995 003217 00 096-9700-470.21-10 REPLENISH POSTAGE METER 0 96-9700--470.21-10 010-1700-417.21-10 010-2500-425.21-10 2500 01/20/1995 00321S 00 010-3100-431.21-16 REPLENISH POSTAGE METER 2600 01/20/1995 003219 REPLENISH POSTAGE METER 2700 01/20/1995 003220 REPLENISH POSTAGE METER 2800 01/20/1995 003221 REPLENISH POSTAGE METER 2.900 01/20/1995 003222 REPLENISH POSTAGE METER 3000 01/20/1995 003223 REPLENISH POSTAGE METER 00 010-3200-431.21-10 00 010-3300-431.. 21-10 00 010-4150-410.21-10 00 010- r400 -425.21-1.0 00 050-9000-450.21-10 PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER Dg- 1 TE CHECKt CHECK DATE TYPE LAST TRANS 0001249 CHICAGO TITLE 83293-24 00/00/0000 0039501 01/19/1995 N 0000607 ICMA RETIREMENT TRUST STMT. 00/00/0000 0039502 01/20/1995 N 0000691 LINCOLN NATIONAL STMT. 00/00/0000 0039503 01/20/1995 N 0000869 RIVERSIDE CD. EMPLOYEES STMT. 00/00/0000 0039504 01/20/1995 N 0000235 CITY OF SAN JACINTO REG 00/00/0000 0039505 01/20/1995 N 0000369 U.S. POSTMASTER REQ 00/00/0000 0039506 01/19/1995 N 0000369 U.S. POSTMASTER REQ 00/00/0000 0039506 01/19/1995 N 0000369 U.S. POSTMASTER REQ 00/00/0000 0039506 01/19/1995 N 0000369 U.S. POSTMASTER REQ 00/00/0000 0039506 01/19/1995 N 0000369 U.S. POSTMASTER REP 00/00/0000 0039506 01/19/1995 N 0000369 U.S. POSTMASTER REG 00/00/0000 0039506 01/19/1995 N 0000369 U.S. POSTMASTER REG 00/00/0000 0039506 01/19/1995 N 0000369 U.S. POSTMASTER REQ 00/00/0000 0039506 01/19/1995 N 0000369 U.S. POSTMASTER REQ 00/00/0000 0039506 01/19/1995 N 0000369 U.S. POSTMASTER REQ 00/00/0000 0039506 01/19/1995 N AMOUNT 1.500.00 1,1E30.38 1,293.54 4,1.66.99 93,648.65 355.00 63.37 286.19 175.18 (i ).91. 29.04 26.23 11..19 36.79 11.1.0 PROGRAM: 0M3131J ACCOUNTS PAYABLE UPDATE LIST__,,,,,,__ HLFUHI NUMBER 1Y I:or:o1JP NUMBL ACCOUNTING PERIOD: GROUP USER ANNE 00181 PREPAIDS 07/1995 TRANSO TRANS HATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 3100 01/20/1995 003224 SEMINAR-DAN ZIMMERLY 3200 01/20/1995 003225 ACCOUNTING TECHNICIAN 3300 01/20/1995 003226 11AILIWO OF PACKAGES 00 010-3300-431.31-20 00 010-1.400--414.34-05 <>0 050--9000-450.21-10 WATER DEPARTMENT 3400 01/20/1.995 003227 00 010-3100-431.21-35 SCAT SHIRT POLICE DEPARTMENT 3500 01/20/1995 003230 00 050-9000-450.21-10 POSTAGE -WATER BILLS 3600 01/23/1995 003231 ADVANCED INVESTIGATION 3700 01/26/1995 003355 LOSS ON "SMITH" PROPERTY 3800 01/26/1995 003363 I...IF'E INSURANCE PREMIUM 3900 01/31/1995 003429 PURCHASE AGREEMENT 4000 02/01/1995 003430 ESCROW FOR LIN'S PROPERTY COUNT: AMOUNT: 00 010-3100--431.31.25 POST REIMBURSABLE 00 050-9000-450.30-90 CAMINOS L06 BANOS FIRE 00 005-0000--202.21-46 00 096-9700-470.40-10 COMMONWEALTH & S.J. 00 096-9700-470.40-10 COMMONWEALTH & S.J. GROUP TOTALS 40 1.065.286.73 00/00/0000 0039513 01/25/1995 00/00/0000 0039512 01/23/1995 00/00/0000 0039509 01/20/1995 FROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK: CHECK HATE TYPE LAST TRANS 0000623 INTERNATIONAL FIRE CODE 00/00/0000 0039507 01/19/1995 0001060 RAY BOIJZA 00/00/0000 0039500 01/20/1995 REO N REO N 0001739 U.F.S. REO N m0001195 ALLRED'S STMT 00/00/0000 0039510 01/20/1995 N 0000369 U.S. POSTMASTER 00/00/0000 0039511 01/20/1995 RF_O N 0001109 MICHAEL_ LYNN REO N 0001740 SAFECO INSURANCE COMPANY REO N 0000419 STANDARD INS. COMPANY STMT (>0/00/0000 0039514 01/25/1995 N 0001305 CONTINENTAL LAWYERS TITLE AEC! 00/00/0000 0039515 01/31/1995 N 0001305 CONTINENTAL LAWYERS TITLE REO 00/00/0000 0039516 02/01/1995 N AMOUNT 125.00 795.38 34.45 32.33 100.00 295.50 16,314.60 2,861.53 909,092.04 910.00 PROGRAMS GM313U ACCOUNTS F'AYABLE.JJF'DAIE_LIST _ REPORT NUMBER 19 oROUFNUMBER i 00182 ACCOUNTS PAYABLE: 1/31/95 ACCOUNTING PERIOD: 07/1995 GROUP USER ANNE TRANS4 TRANS DATE VOUCHER BIC ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 100 01/1.9/1995 003178 REF'L.ACEMEN1 LENS FOR 200 01/19/1995 003179 rAPPLICATIONS-POLICE DEPT. 300 01/19/1995 003180 BUSINESS CARDS -COUNCIL 400 01/19/1995 0031.8.E BUSINESS CARL'DS-FINANCE 500 01/19/1995 003182 BUSINESS CARDS 600 01/1.9/1995 003183 RESPIRATOR MASK 700 01/19/1995 003184 REWEL.D POLE -RANCHO S.J. 800 01/19/1995 003183 FICI\ UP WASTE OIL SERVICE 900 01/19/1995 003186 REPAIRS TO UNIT 4207 1000 01/19/1995 003187 REPAIRS TO UNIT 4207 1100 01/19/1995 003188 REPAIRS TO UNIT 4311 1200 01/19/1995 003189 SAFETY EQUIPMENT 1300 01/19/1995 003190 PLAN BAGS 1400 01/19/1995 003191 OFFICE SUPPLIES 1500 01/19/1995 003192 PROTECTIVE COVER FOR 00 021-4150-410.34-05 BEACON LIGHTS 00 010-1210-412.21-10 00 010-1100-411.21-10 00 010-1400-414.21-10 00 096-9700-470.21-10 ECONOMIC DEVELOPMENT 00 010-3200-431.2E-35 FIRE DEPARTMENT 00 020-7256-410.33-30 00 019-4550-410.30-90 00 019-3200-431.33-50 FIRE DEPARTMENT 00 019-3200-431.33-50 FIRE DEPARTMENT 00 019-9000-450.33-50 WATER DEPARTMENT 00 050-9000-450.21--35 WATER DEPARTMENT 00 010-1700-417.21-10 PLAI.NING DEPARTMENT 00 010-3100-431.21--:L0 POLICE DEPARTMENT 00 010-3200-431.21-80 AMKUB POWER UNIT -FIRE PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK0 _CHECK DATE TYPE LAST TRANS 0000981 ALERT BARRICADE. INC. 01/31/1995 0000000 00/00/0000 0000952 ARROW PRINTING 01/31/1995 0000000 00/00/0000 0000952 ARROW PRINTING 01/31/1995 0000000 00/00/0000 0000952 ARROW PRINTING 01/31/1995 0000000 00/00/0000 0000952 ARROW PRINTING 01/31/1995 0000000 00/00/0000 0000928 BIO SAFETY SYSTEMS 01/31/1995 0000000 00/00/0000 0001309 DMD STEEL FABRICATION 01/31/1995 0000000 00/00/0000 0001738 GOLDEN WEST OIL COMPANY 01/31/1995 0000000 00/00/0000 0001026 INLAND EMPIRE WHITE GMC 01/31/1995 0000000 00/00/0000 0001026 INLAND EMPIRE. WHITE GMC 01/31/1995 0000000 00/00/0000 0001026 INLAND EMPIRE WHITE GMC 01/31/1995 0000000 00/00/0000 0000672 LAB SAFETY SUPPLY. INC. 01/31/1995 0000000 00/00/0000 0000708 C.E. MAINPRICE CO. 01/31/1995 0000000 00/00/0000 0000883 RIVERSIDE COUNTY SUPPLY 01/31/1995 0000000 00/00/0000 0001560 RUFFIAN SPECIALTIES 01/31/1995 0000000 00/00/0000 201--019 N 35037 N 35037 N 35037 N 350:3'7 N 40239 N 195 N 1245 N 15920 N L.. 785 N 16004 N 48551640 N 22564 N 181422 N 5376 N AMOUNT 37.72 77.58 38.79 38.79 223.62 40.00 57.50 86. 503.31. 125.39 400.45 49.83 1.5.32 35.71 PROGRAM: GM313U ACCOUNTS PAYABLE Ur'DA I t L17i 1 KtrUN I NUNBG.h lY GROUP NUMB; • ; 00182 ACCOUNTS PAYABLE 1/31/95 ACCOUNTING PERIOD: 07/1995 GROUF• USER ANNE TRANS: TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ F.O. VENDOR VENDOR NAME DESCRIPTION 1 1.IESCRIPTION 2 1600 01/19/1995 003193 00 061-3100-431.21-90 DRUG TEST KITS POLICE DEPARTMENT 1700 01/20/1995 003228 00 021-4150-410.34-50 BEACON I..IGHF RENTALS LYON & COTTONWOOD INVOICE NUMBER AMOUNT DUE DATE CHECK: CHECK DATE TYPE LAST TRANS 0001207 TUXALL UNIFORM G EQUIFMEN 900114 01/31/1995 0000000 00/00/0000 N 0001740 HI -WAY SAFETY 69022 01/31/1995 0000000 00/00/0000 W 1800 01/20/1995 003229 00 050-9000-450.40-45 0001741 THE DICKSON COMPANY 211696 PRESSURE: RECORDER CALIBRATE BOOSTER -WATER 01/31/1995 0000000 00/00/0000 N COUNT: AMOUNT: GROUP TOTALS 18 4.439.42 :L72.05 :L.000.00 348.00 V P:UY :P.1n* UI'1.a Lau 1-IL I..rYVI11 .7 nri a mL'I_C Yr L'[]1.G.. L101_ nr.rumi exunolzm 11 GROUP NUMBER I 00184 ACCOUNTS PAYABLE 1/31/95 AC:COUNTINO PERIOD: 07/1995 GROUP USER ANNE TRANS* TRANS DATE VOUCHER DESCRIPTION 1 100 01./23/1995 003232 TOWING OF SUSPECT VEHICLE 200 01/23/1995 003233 FJ:RE CAPTAIN TESTING 300 01/23/1995 003234 RESERVE: COORDINATORS 400 01/23/1995 003235 GASOLINE -CITY VEHICLES 500 01/23/1995 003236 GASOLINE -CITY VEHICLES 600 01/23/1995 00323? RAL:IIO MAINTENANCE 700 01/23/1995 003238 RADIO MAINTENANCE 800 01/23/1995 003239 RADIO MAINTENANCE 900 01/23/1995 003240 RADIO MAINTENANCE 1.000 01/23/1995 003241 RADIO MAINTENANCE 1100 01/23/1995 003242 RAL120 RE -PROGRAM 1200 01/23/1995 003243 REIMBURSE WATER/TRASH 1300 01/23/1995 003244 REIMBURSE WATER/TRASH 1400 01/23/1995 003245 REIMBURSE WATER/TRASH BK ACCOUNT NUMBER DESCRIPTION 2 00 010-3100-431.34-11 POLICE DEPARTMENT 00 010-1210.412.30-90 MATERIAL 00 010-3100-431.30--16 ASSOCIATION DUES 00 019-1200-412.21-70 00 019-3100-431.21-70 00 010-3100-431.34--05 CONTRACT 00 010-1700-417.34-05 CONTRACT 00 010-3300-431.33-30 CONTRACT 00 010-3200-431.34-05 CONTRACT 00 050-9000-450.34-05 CONTRACT 00 019-3100-431.21-74 POLICE DEPARTMENT 00 065-0000--229. 08-67 DEPOSIT 00 065-0000-229.08-67 DEPOSIT 00 065-0000-229.08-67 DEPOSIT 1500 01/23/1995 003246 PSYCHOLOGICAL EXAM ON 00 010-1210-412.30-90 RESERVE OFFICER F'ROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUESATE _ _ CHECKt CHECK DATE TYPE LAST TRANS 0001746 ATS NORTHEAST TOW 01/31/1995 0000000 00/00/0000 164483 N 0000246 COOPERATIVE PERSONNEL SER 1.696 01/31/1995 0000000 00/00/0000 N 0001747 CLERCA, INLAND EMPIRE CHA STMT 01/31/1995 0000000 00/00/0000 0000226 CHEVRON. U.S.A. 01/31/1995 0000000 00/00/0000 0000226 CHEVRON, U.S.A. 01/31/1995 0000000 00/00/0000 0000238 COM SER CO. 01/31/1995 0000000 00/00/0000 0000238 COM SER CO. 01/31/1995 0000000 00/00/0000 0000238 COM SER CO. 01/31/1995 0000000 00/00/0000 0000238 COM SER CO. 01/31/1995 0000000 00/00/0000 000023S COM SER CO. 01/31/1995 0000000 00/00/0000 0000238 COM SER CO. 01/31/1995 0000000 00/00/0000 0001734 MIGUEL ARANA MAR1INEZ 01/31/1995 0000000 00/00/0000 0001735 VICKI WILLIAMS 01/31/1995 0000000 00/00/0000 0001736 AMBER NAVARRO 01/31/1995 0000000 00/00/0000 0000249 THE COUNSELING TEAM 01/31/1995 0000000 00/00/0000 N STMT N STMT N 01--MA 19501.4 N 01-MA195004 N 0:L-MA195004 N 01-MA195020 0:L-MA195038 N STMT. N STMT. N STMT. N STMT. N 11-94 N AMOUNT 1.079.79 263. 25.00 50.6"7 48.06 436.00 43.05 43.05 106 .--_..., 42.00 38'7.96 3.4B 3.24 3.48 235.00 PROGRAM: GM3130 ACCOUNTS PAYABLE UPDATE LIST REPORT NUMBER 19 AR0I.JP NLIMBE ACCOUNTING PERIOD: 1:3ROLJF' USER ANNE 00184 ACCOUNTS PAYABLE 1/31/95 07/1995 TRANS4 TRANS BATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 1600 01/23/1995 003247 WATER COLLECTION AGENCY 1700 01/23/1.995 003240 L_ANDSCAF'ING :1.800 01/23/1995 003249 BUILDING FLAN CHECK 1900 01/23/1995 003250 FINAL MAP ENGINEERING FEE 00 050-9000-450.30-•90 SERVICES PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CI'IECK#_.CHECK DATE TYPE LAST TRANS 00 025-7252-410.34-05 AMERICAN VILLAGE 00 010-3300-431.30-90 EDELBROCK & METRO THEATER 00 065-0000-310.06-45 IMP LAND & LNC PROPERTIES 2000 01/23/1995 003251 00 010-2500-425.35--16 PHONE SERVICES 2100 01/23/1995 003252 00 010-3100-431.35--16 PHONE SERVICES 2200 01/23/1995 003253 00 010-6100-425.35-16 PHONE SERVICES 2300 01/23/1995 003254 PHONE SERVICES 2400 01/23/1995 F'I-IONE SERVICES 2500 01/23/1995 003256 CELLULAR PHONE SERVICES 2600 01/23/1995 003257 CELLULAR PHONE SERVICES 2700 01/23/1995 003256 CELLULAR PHONE SERVICES 2800 01/23/1.995 003259 CELLULAR PHONE SERVICES 2900 01/23/1995 003260 CELLULAR PHONE SERVICES 3000 01/23/1995 003261 FILM DEVELOPING 00 050--9000-450.35-16 003255 00 010-2500-425.35-16 00 010-1200 -412.35-16 00 010-2500-425.35-16 00 010-3100-431.35-1.7 00 010-4100--410.35-16 00 010-1700--417.35-17 00 010-3100-431.30-1.5 POLICE DEPARTMENT 0001052 CREDIT MANAGEMENT SERVICE STMT 01/31/1995 0000000 00/00/0000 N 0000263 D & J LANDSCAPE & MAINTEN 10270 01/31/1995 0000000 00/00/0000 N 0000476 ESGIL CORPORATION STMT. 01/31/1995 0000000 00/00/0000 N 0000478 DAVID EVANS 6 ASSOCIATES STMT. 01/31/1995 0000000 00/00/0000 N 0000526 GENERAL TELEPHONE CO. STMT. 01/31/1995 0000000 00/00/0000 N 0000526 GENERAL TELEPHONE CO. STMT. 01/31/1995 0000000 00/00/0000 N 0000526 GENERAL TELEPHONE CO. STMT. 01/31/1995 0000000 00/00/0000 N 0000526 GENERAL TELEPHONE CO. STMT. 01/31/1995 0000000 00/00/0000 N 0000526 GENERAL TELEPHONE CO. STMT. 01/31/1995 0000000 00/00/0000 N 0000674 LA CELLULAR TELEPHONE STMT. 01/31/1995 0000000 00/00/0000 N 0000674 LA CELLULAR TELEPHONE STMT. 01/31/1995 0000000 00/00/0000 N 0000674 LA CELLULAR TELEPHONE STMT. 01/31/1995 0000000 00/00/0000 N 0000674 LA CELLULAR TELEPHONE STMT. 01/31/1995 0000000 00/00/0000 N 0000674 LA CELLULAR TELEPHONE STMT. 01/31/1995 0000000 00/00/0000 N 0000696 LONGS DRUG STORE 73-91112 01/31/1995 0000000 00/00/0000 N AMOUNT 36.23 1.470.00 4,504.24 3.046.30 28.73 132.43 31.92 29.56 26.9:L 51.03 3.:31 703.62 45.11 4'7.21. 29.65 FRUURAM: UM313U HLLUVNI."1 YfiTFwLK. Ur'uHlr�LJ. �� _. BErG I NUMG<L-K LY GROI.IP NUMBER 00184 ACCOUNTS PAYABLE 1/31/95 ACCOUNTING F'ERIOII: 07/1995 GROUP USER ANNE TRANS4 TRANS DATE VOUCHER BK ACCOUNT NUMBER IIESCRIPTION 1 IIESCRIPTION 2 3100 01/23/1995 003262 00 020-2200-419.30-90 FINAL LEGAL SERVICES HOUSEL V CITY 3200 01/23/1995 003263 00 010--3100-431..34--05 LEASE DISPATCH CONSOLES 3300 01/23/1995 003264 00 010-3100-431.34-05 LEASE DISPATCH CONSOLES 3400 01/23/1995 003265 00 010-7400-425.35-16 TELEPHONE LEASE PURCHASE 3500 01/23/1995 003266 00 010-2500-425.35-1.6 TELEPHONE LEASE PURCHASE. 3600 01/23/1995 003267 00 010--3100-•431..35--16 TELEPHONE LEASE: PURCHASE 3700 01/23/1995 003268 00 010-4100-410.35-16 TELEPHONE LEASE PURCHASE 3000 01/23/1995 003269 00 010-2500-425.35-16 TELEPHONE LEASE PURCHASE 3900 01/23/1995 003270 00 050-9000-450.35-16 TELEPHONE LEASE PURCHASE 4000 01/23/1995 003271 00 TELEPHONE LEASE PURCHASE 4100 01/23/1995 003272 PLANNING COMMISSIONER 4200 01/23/1995 003273 PLANNING COMMISSIONER 4300 01/23/1995 003274 PLANNING COMMISSIONER 4400 01/23/1995 003275 PLANNING COMMISSIONER 4500 01/23/1995 003276 PLANNING COMMISSIONER 055-4170-450.35-16 00 010-1700-417.30-90 JANUARY 1995 00 010•-1700-417.30-90 JANUARY 1995 00 010-1700-417.30-90 JANUARY 1995 00 010-1700-41.7.30-90 JANUARY 1995 00 010-1700-417.30-90 JANUARY 1995 PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DIME PATS_ ____CHECK*CHECK DATE TYPE LAST TRANS 0000709 MARKMAN,ARCZYNSKI 01/31/1995 0000000 00/00/0000 STMT N 7024 0001054 MOTOROLA CRE_IIIT CORF'ORATI 20049738 01/31/1995 0000000 00/00/0000 N 7024 0001054 MOTOROLA CREDIT CORF'ORATI 20049739 01/31/1995 0000000 00/00/0000 N 0000766 NTFC CAPITAL. CORPORATION 51594,52120 01/31/1995 0000000 00/00/0000 N 0000766 NTFC CAPITAL CORPORATION 51594,52120 01/31/1995 0000000 00/00/0000 N 0000766 NTFC CAPITAL CORPORATION 51594,52120 01/31/1995 0000000 00/00/0000 N 0000766 NTFC CAPITAL CORPORATION 51594,52120 01/31/1995 0000000 00/00/0000 N 0000766 NTFC CAPITAL CORPORATION 51594,52120 01/31/1995 0000000 00/00/0000 0000766 NTFC 01/31/1995 0000000 0000766 NTFC 01/31/1995 0000000 N CAPITAL CORPORATION 51594,521.20 00/00/0000 N CAPITAL CORPORATION 51594,52120 00/00/0000 N 0001676 JIM AYRES 01/31/1995 0000000 00/00/0000 0001153 BOB IIUISTERMARS 01/31/1995 0000000 00/00/0000 0000937 RICHARD HIXSON 01/31/1995 0000000 00/00/0000 0001677 KATHY MEADOWS 01/31/1995 0000000 00/00/0000 0001641 MAX PERRY 01/31/1995 0000000 00/00/0000 REG N REG N REG N REG N REG N AMOUNT 50.00 1.453.42 762.58 31..67 307.06 253.18 56.84 145.34 56.84 56.04 100.00 100.00 100.00 100.00 100.00 PROGRAM: OM313U ACCOUNTS PAYABLE UPDATE LISI ..... OROl.1FNUMLIE 1 00184 ACCOUNTS PAYABLE 1/31/95 ACCOUNTING IERIODI 07/1995 GROUP USER ANNE TRANS# TRANS DATE VOUCHER BIC ACCOUNT NUMBER DESCRIP'T'ION 1 DESCRIPTION 2 4600 01/23/1995 CONSULTING SERVICES 4700 01/23/1995 PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK# _CHECK DATE TYPE LAST TRANS 003277 00 096-9700-470.30-90 COMM./INDUSTRIAL OUTREACH 003270 00 025-7260-410.34-05 1RAFFIC SIGNAL MAINT. 4800 01/23/1995 OFFICE SUPPLIES 4900 01/23/1995 OFFICE SUPPLIES 5000 01/23/1995 OFFICE SUF'F'LIES 5100 01/23/1995 OFFICE SUPPLIES 5200 01/23/1995 OFFICE SUPPLIES 5300 01/23/1995 003284 SWAMP COOLER-MAGGIE:4 MUM: AMOUNT: 003279 00 010--3100.431.21--10 POLICE DEPARTMENT 00300 00 010-1700-417.21-10 PLANNING DEPARTMENT 003201 00 010-4100-410.21-10 PUBLIC WORKS 003282 00 010-3300-431.21-10 BUIL.LING DEPARTMENT 003283 00 010-3200-431.21-10 FIRE DEPARTMENT 00 096--0000-103.12--70 GROUP TOTALS 53 34.306.72 7087 0000840 RGB COMMERCIAL DEVELOPMEN STMT. 01/31/1995 0000000 00/00/0000 N 0000882 COUNTY OF RIVERSIDE 01/31/1995 0000000 00/00/0000 SL950030 N 0000883 RIVERSIDE COUNTY SUPPLY 181524 01/31/1995 0000000 00/00/0000 N 0000883 RIVERSIDE COUNTY SIJF'F'LY O1/31/1995 0000000 00/00/0000 1.81525 N 0000883 RIVERSIDE COUNTY SUPPLY 181525 01/31/1995 0000000 00/00/0000 N 0000883 RIVERSIDE COUNTY SUPPLY 01/31/1995 0000000 00/00/0000 181525 N 0000883 RIVERSIDE COUNTY SUPPLY 181525 01/31/1995 0000000 00/00/0000 N 0001218 JOE SANCHEZ REP 01/31/1995 0000000 00/00/0000 N REPORT NUMBER 19 AMOUNT 2.398.30 13,728.00 137.68 :1.3. 78 13.78 1.3. 79 :1.3.79 477.56 PROGRAM: GM31311 ACCOUNTS PAYABLE UPIIATE LIST rctr IJn I Ivunomm I)I I)ur NUMBER ACCOUNTING PERIOD: GROUP USER ANNE 00185 ACCOUNTS PAYABLE 1/31/95 07/1995 TRANS: TRANS DATE VOUCHER BK ACCOUNT NUMBER F'ROJ P.O. VENDOR VENDOR NAME DESCRIPTION 1 IESCRIPTION 2 100 01/2371995 003285 LANGUAGE LINE FEES 200 01723/1995 003286 ENGRAVING-•EMPL. OF YEAR / 300 01/23/1995 003287 I..f.ING DISTANCE PHONE 400 01/23/1995 003268 LONG DISTANCE PHONE 500 01/23/1995 003289 LONG DISTANCE PI -ZONE " 600 01/2371995 003290 ICATZ V CITY 700 01/2371995 003291 PHONE. SERVICES 800 01/2371995 003292 PHONE SERVICES 900 01/2371995 003293 MEMBERSHIP DUES-MCNABB 1000 01/23/1995 003294 CONSTRUCTION STAKING 1100 01/23/1995 003295 JANITORIAL SUPPLIES 1200 01/23/1995 003296 RENTAL OF MOBILE OFFICES 1300 01/23/1995 003297 REVISION 10 INFORMATION 1400 01/23/1995 003298 REVISION 10 INFORMATION - 1500 1500 01/23/1995 00:3299 COMPACTION TESTING -STORM 00 010-3100-431.35-16 POLICE DEPARTMENT INVOICE NUMBER DUE DATE CHECK0 CHECK DATE TYPE LAST TRANS "----0001006 AT-6 T-tANGUAGE LINE 01/31/1995 0000000 00/00/0000 00"010-1100-411.21-10 ---"-401000997-ANABY*S TROPHIES CITY PRIME BUSINESS AWARD 01/31/1995 0000000 00/00/0000 00 010-3100-431.35-16 SERVICES 00 010-4150-410.35-16 SERVICES 00 010-2500-425.35-16 SERVICES 00 050-9000-450.30-90 ADJUSTER SERVICES 00 010-3100-431.35-16 00-050-9000-450.35-16 00 096-9700-470.31-20 00 043-8501-450.30-90 SOBOBA RD. A.D. 94-1 00 010-3100-431.21--30 POLICE DEPARTMENT 00 010-3100-431.34-05 POLICE DEPARTMENT 00 021-4150--410.34-05 SIGNS-ARCO PROJECT 00 096-9700-470.30-90 0001464 CALL AMERICA 01/31/1995 0000000 00/00/0000 0001464 CALL AMERICA 01/31/1995 0000000 00/00/0000 0001464 CACC-AMERICA...._ 01/31/1995 0000000 00/00/0000 STMT. N 669 N STMT. N STMT. N STMT. N "-00Or605 CHURCHi NOONAN"6"COMPANY 94-10499TN2 01/31/1995 0000000 00/00/0000 ---------0000526"1,tNERAC-TELEPHONE CO. 01/31/1995 0000000 00/00/0000 --"-0000526 GENERAL -TELEPHONE CO. 01/31/1995 0000000 00/00/0000 N STMT. N STMT. N 0000627 INT'L CONF. OF SHOPPING REO 01/31/1995 0000000 00/00/0000 .._.__........___ 0000761 NHS/tOWRY-" ... 01/31/1995 0000000 00/00/0000 N H124-004-MJS N 0000883 RIVERSIEIE COUNTY SUPPLY 181609 01/31/1995 0000000 00/00/0000 N - 0000922 0000922 SCOTSMAN MANUFACTURING CO CPX-03679-01-95 01/31/1995 0000000 00/00/0000 - -0001119 SION ART 01/31/1995 0000000 00/00/0000 ----00011I9-SIGN-ART` SIGNS--S.J. VALLEY FAIRE 01/31/1995 0000000 00/00/0000 00 039-4155-410.40-01 DRAIN IMF'V.-7TH 6 S.J. O001742-SFENCER-6-JONES 01/31/1995 0000000 00/00/0000 N 27568 N 2568 N STMT. N AMOUNT 50.00 60.34 149.87 24.73 164.29 929.34 76.72 30.40 50.00 2.547.11 31.00 943.64 35.00 35.00 1.689.05 GROUP NUMB' ACCOUI GROUP IJSER O0105 ACCOUNTS PAYABLE :I./31/95 40 PERIODS 07/1995 ANNE TRANS* TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIF''TION 1 DESCRIPTION 2 F'ROJ F.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK* CHECK DATE TYPE LAST TRANS 1.600 01/23/1995 003300 PUBLICATION -CA. CODE BOOR 1700 01/23/1995 003301 CODE BOOK UPDATES COUNT' S AMOUNT: 00 010-2500-425.36-25 00 010-3100-431.21-15 POLICE DEPARTMENT GROUP TOTALS 17 7.135.97 -- --0000324-WEST PUBL-ISHiNG CO. 01/31/1995 0000000 00/00/0000 --- - 0000324-WEST UBLISHINO-CO.- .. 01/31/1995 0000000 00/00/0000 76133921 N 76130180 N GROUP NUMBER 00186 ACCOUNTS PAYABLE 1/31/95 ACCOUNTING PERIOD: 07/1995 GROUP USER ANNE TRANS4 TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 100 01/23/1995 003302 COMMUNITY UPDATE 200 01/23/1995 003303 RDA-DEFEASED BOND ADM. 300 01/23/1995 003304 TUITION --CAREER ETHNICS 400 01/23/1995 003305 OVERPAYMENT OF 1995 500 01/23/1995 003306 FINGERPRINT APPLICANTS 600 01/23/1995 003307 CITY VEHICLE WASHES 700 01/23/1995 003300 TOWING OF SUSPECT VEHICL.E 800 01/23/1995 003309 TOWING nir K-9 UNIT 900 01/23/1995 003310 DUI SEMINAR 1000 01/23/1995 003311 REPROGRAMMED RADIO 1100 01/23/1995 003312 REIMBURSE WATER/TRASH 1200 01/23/1995 003313 REIMBURSE WATER/TRASH 1300 01/23/1995 003314 REIMBURSE WATER/'I FAST: 1400 01/23/1995 003315 REIMBURSE WATER/TRASH 1500 01/23/1995 003316 REIMBURSE WATER/TRASH 00 010-2550--425.36-25 NEWSLETTER 00 096-9700-470.30-90 FOR FACILITY PROJECT 00 010-3100-431.31-25 FITZPATRICK-POST REIMB. 00 010-0000-301..01-60 BUSINESS LICENSE 00 010-1210-412.21-10 POLICE DEPARTMENT 00 019-3100-431.33-50 POLICE DEPARTMENT 00 010-3100-431.30-90 00 019---3100--431.21-72 00 010-3100--431.31-25 POST REIMBURSABLE 00 010-3100-431.33-11 POLICE DE_PARTME.NT 00 065-0000-229.08-67 DEPOSIT 00 065-0000-229.08-67 DEPOSIT 00 065-0000--229.08-67 DEPOSIT 00 065-0000-229.08-67 DEPOSIT 00 065-0000--229.08-•67 DEPOSIT PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK? CHECK DATE TYPE LAST TRANS 0000952 ARROW PRINTING 01/31/1995 0000000 00/00/0000 0001155 DANK-OF-AMERICA 01/31/1995 0000000 00/00/0000 0001743 BIRGE AND ASSOCIATES 01/31/1995 0000000 00/00/0000 -0001744 HERMAN H. BOOY 01/31/1995 0000000 00/00/0000 -.0001182 STATE OF CALIFORNIA 01/31/1995 0000000 00/00/0000 --- 0000216-CAR WASH -DEPOT 01/31/1995 0000000 00/00/0000 34998 N STMT. N RED N RED N 971480 N 6030 N -- --- 0000218 CASTELLANO*S TOWING SERV. 19090,19384 01/31/1995 0000000 00/00/0000 N 0000218 CASTELLANO•S TOWING SERV. 19890.19384 01/31/1995 0000000 00/00/0000 N 0001525 CAVENAUGH6 ASSOCIATES RED 01/31/1995 0000000 00/00/0000 -0000238_COM SER-CO. 01/31/1995 0000000 00/00/0000 - 0001725 ROBERT 6 RENE OCHOA 01/31/1995 0000000 00/00/0000 0001727 LAWRENCE-SEBALD 01/31/1995 0000000 00/00/0000 0001728 RITA STARR 01/31/1995 0000000 00/00/0000 ----0001729-PAMELER-MINOR- - 01/31/1995 0000000 00/00/0000 -- 0001730 JUL-IE A-LOFTUS 01/31/1995 0000000 00/00/0000 N STMT. N RED N RED N RED N RED N RED N AMOUNT 776.88 318.24 386.00 5.00 36.00 42.00 45.00 35.00 400.00 711.26 20.36 /6.03 13.95 11.55 39.93 rran.nrin. unoi.aa. GROUP NLUM8r ACCOUL . GROUP USER 10 PERIOD1 ANNE 00186 ACCOUNTS PAYABLE 1/31/95 07/1995 IRANS1 TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1. DESCRIPTION 2 - 1600 01/23/1095 003317 REIMBURSE WATER/TRASH 1700 01/23/1995 003318 REIMBURSE WATER/TRASH 1.800 01/23/1995 003319 RF_IMDIJRSE WATER/TRASH 1900 01/23/199U 003320 OVERPAYMENT WATER/TRASH 2000 01/23/1995 003321 DUI SE_IMINAl - 2100 01/23/1995 003322 CITY WIDE STREET SWEEPING 2200 01/23/1995 003323 1/2 OF PROPERTY TAX BILL 2300 01/23/1995 003324 BATH STREET RESERVOIR 2400 01/23/1995 003325 BATH STREET RESERVOIR 2500 01/23/1995 003326 CAREER ETHICS/INTERGRITY 2700 01/23/1995 003328 MAINTENANCE -LINE: PRINTER 2800 01/23/1995 003329 MAINTENANCE -LINE PRINTER 2900 01/23/1995 003330 (MAINTENANCE -LINE PRINTER 3000 01/23/1995 003331 EMERGENCY POOL SERVICE 00 065-0000-229.08-67 DEPOSIT 00 065-0000-229.08-67 1:IEPOSIT PROJ W.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK* CHECK DATE TYPE LAST TRANS 00 065-0000-229.08-67 DEPOSIT 00 065�0000-310.07-95 ACCOUNT 00 010-3100.-431.31-25 POST REIMBURSABLE_ 00 021-4150-410.34-05 00 010-2500-425.34-05 312 E. MAIN LEASE 00 .051-9000-450.40-01 ERECTION CONST. SERVICES 00 051-9000-•450.40-01 ERECTION CONST. SERVICES 00 010-3100-431.31-25 POST REIMBURSABLE 00 010-2500-425.34.05 00 055-4170-450.33-30 00 050--9000-450.33-30 00 025-•7100-410.33-30 3100 01/23/1995 003332 00 010-3100-431.31-25 ADVANCE OFFICERS UPDATE POST REII4BURSABLE 0001731-ARSENIO FIGUEROA REG 01/31/1995 0000000 00/00/0000 N — -- 00017322-CLARENCE-Ls PARSONS REG 01/31/1995 0000000 00/00/0000 N ---0001733 WAYNE YETTER REG 01/31/1995 0000000 00/00/0000 N ------- 0001726 NEW LIFE CHAPEL REG 01/31/1995 0000000 00/00/0000 N -- 0001098 NATHAN MILLER REG 01/31/1995 0000000 00/00/0000 N -0000984-R.F. DICKSON-COMPANY-- 01004637 01/31/1995 0000000 00/00/0000 N --0000296 HIVINE-REAL ESTATES RFG 01/31/1995 0000000 00/00/0000 N 7185--0001656-JOHN-EGAN-& ACSOSCIATES 12245 01/31/1995 0000000 00/00/0000 N 7185 0001656 JOHN EGAN & ACCOSCIATES 12246 01/31/1995 0000000 00/00/0000 N -...-0001100-KEVIN-F'I=FZPATRICK REG 01/31/1995 0000000 00/00/0000 N 0000605-1:H.M.--CORP.- I5H9207 01/31/1995 0000000 00/00/0000 N -- -- - 0000605-I-.B.M.-CORP. - 15H9207 01/31/1995 0000000 00/00/0000 N --0000605 I.B.M. CORP. 15H9207 01/31/1995 0000000 00/00/0000 N --------------0000666-IFN8RR-POOL-SYSTEMS - - 29568 01/31/1995 0000000 00/00/0000 N --- 0001109-MICHAEL-LYNN -- REG68 01/31/1995 0000000 00/00/0000 N AMOUNT 35.93 - 25.00 30.37 150.66 736.00 7.605.00 6:10.83 2.755.25 746.1.0 24.00 86.35 3:1..40 39.25 160.00 309.50 GROUP NUMBER 1 00186 ACCOUNTS F'AYABI..E 1/31/95 ACCOUNTING PERIOD: 07/1995 OR0UP USER ANNE. TRANS* TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 3200 01/23/1995 003333 LIFE INSURANCE PREMIUM 3300 01/23/1995 003334 STREET IMPROVEMENTS 3400 01/23/1995 003335 STREET IMPROVEMENTS 3500 01/23/1995 003336 RATING WORKSHOP-SEARLES 3600 01/23/1995 003337 PAGER RENTALS 3700 01/23/199= 003338 REPAIRS TO K-9 IJNTT 3800 01/23/1995 003339 LEGAL ADVERTISING 3900 01/23/1995 003340 PERC ASSOCIATION DUES 4000 01/23/1995 003341 REPAIRS TYPEWRITER 4100 01/23/1995 003342 DIRECTORIES 4200 01/23/1995 003343 FIREFIGHTERS ASSOCIATION 4300 01/23/1995 003344 POLICE OFFICERS 4400 01/23/1995 003345 RATING WORKSHOP-SEARLES 4500 01/23/1995 003346 SUPPLIES 4600 01/23/1995 003347 TRW PROPERTY DATA CHECK 00 00✓-0000-202.21-05 POLICE OFFICERS ASSOC. (>0 043-8 501-'450.40-01. SOBOBA VILLAGE PROJECT 00 043-0000-202.30-00 SOBOBA ROAD-A.D. 94-1 00 010-3100-431.31-25 POST REIMBURSABLE 00 010-3200-431.34--05 FIRE DEPARTMENT 00"019-3100-431.21-74 POLICE DEPARMTENT 00 010-1210-412.30-90 00 085-0000-202.21--43 00 010-3200-431.33-30 FIRE DEPARTMENT 00 010-3100-431.21-15 POLICE DEPARTMENT 00 085-0000-202.21-45 DUES 00 085-0000-202.21-42 ASSOCIATION DUES 00 010-3100-431.31-25 POST REIMBURSABLE 00 010-2500-425.21-10 00 010-3710--431.30-90 F'ROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK* CHECK DATE TYPE LAST TRANS 0000987 MASS. GENERAL LIFE INS. C STMT. 01/31/1995 0000000 00/00/0000 N 714?-0001357-NOTTSON CONSTRUCTION 01/31/1995 0000000 00/00/0000 0001357 NOTTSON CONSTRUCTION 01/31/1995 0000000 00/00/0000 0001049 PMW ASSOCIATES 01/31/1995 0000000 00/00/0000 0000795 PA0ENET- 01/31/1995 0000000 00/00/0000 STMT. N STMT. N REO N A397745 N -0000812POLAR-BEAR RADIATOR SERVI 16017 01/31/1995 0000000 00/00/0000 N -- 0000625 PRESS -ENTERPRISE 01/31/1995 0000000 00/00/0000 0000828 PUBLIC--EMP ASSOC. 01/31/1995 0000000 00/00/0000 STMT. N STMT. N 0000846RAMONA"BUSINESS MACHINES 8937 01/31/1995 0000000 00/00/0000 ------- --0001745- RESOURCE DIRECTORY 01/31/1995 0000000 00/00/0000 N REP N -0000495 Ste. FIREFIGHTERS ASSOC. REG 01/31/1995 0000000 00/00/0000 N 0000912 S:J."POCICE ASSOCIATION REG 01/31/1995 0000000 00/00/0000 0000976 BONNIE SEARLES 01/31/1995 0000000 00/00/0000 __.....-0000440- SMART &FINAL 01/31/1995 0000000 00/00/0000 N REG N 2692101 N "" "-0001294 TRW REDI"PROPERTY DATA 1.571087 01/31/1995 0000000 00/00/0000 N AMOUNT 191.00 93.674.00- 9,367.48- 217.00 141.00 227.40 340.00 139.80 80.14, 65.15 60.00 1,405.24 184.00 66.12 120.00 C3RC)UP NLIMBE ACCOUM. GROUP USER . 00186 ACCOUNTS PAYABLE 1/31/95 PERIO1Ji 07/1995 ANNE TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 4700 01/23/1995 003348 FAX NOTIFICATIONS 4800 01/23/1995 003349 UNITED WAY CONTRIBUTIONS 4900 01/23/1995 003350 LANDSCAPE MAINTENANCE 5000 01/23/1995 003351 LANDSCAPE MAINTENANCE 5100 01/23/1995 003352 WATER/'TRASH BILLS 5200 01/23/1995 003353 WATER/TRASH BILLS 5300 01/23/1995 003354 BLOOD DRAWS & RAPE KITS - 5400 01/26/1995 003356 REPAIR MENS & LADIES 5500 01/26/1995 003357 SAFETY GLOVES 5600 01/26/1995 003358 DEMOLITION OF FOUR MODEL 5700 01/26/1995 003359 F'I...ANS & SPECS. FOR 5800 01/26/1995 003360 CONSULTING SERVICES 5900 01/26/1995 003361 VEST --WORTHY 6000 01/26/1995 003362 POSTAGE METER TAPE COUNT: AMOUNT: 00 050-9000-450.30-90 WATER DEPARTMENT 00 085-0000-202.21-80 00 025-71.00-410.34-05 HOFMANN PARK 00 025-7100•-410.34-05 HOFMANN PARK 00 055-4170-450.30-90 SEPARATING 6 STUFFING 00-050-9000-450.30-90 SEPARATING & STUFFING 00 010-3100-431.30-90 POLICE DEPARTMENT PROD P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK* CHECK DATE TYPE LAST TRANS 00-010-7400-425r33-10 RESTROOMG--COMMUNITY CTR. 00-010-3200-431.21-35 FIRE DEPARTME..NT 00--038-0000 103.12-12 UNITS-LAS BRISAS 00 028-7100-410.40-01 SECURITY LIGHTING-SALI.EE 00 010-2500-425.30-90 RECYCLING 00 010-3100-431.21-35 POLICE DEPARTMENT 00 010-2500-425.21-10 GROUP TOTALS 59 1.36.697.80 0000373 UNDERGROUND SERVICE ALERT 94120552 01/31/1995 0000000 00/00/0000 0000317-UNITED WAY (IF HEMET 01/31/1995 0000000 00/00/0000 --- 0000350 VALLEY --RESOURCE 01/31/1995 0000000 00/00/0000 -------0000350--VALLEY RESOURCE- 01/31/1995 0000000 00/00/0000 0000350 VALLEY -RESOURCE 01/31/1995 0000000 00/00/0000 -0000350-VALLEY-RESOURCE 01/31/1995 0000000 00/00/0000 --0000319-WESTERN- NURSE --SPEC, 01/31/1995 0000000 00/00/0000 N REO N 4727 N 4729 N 4699 N 4699 N 1.30170.130034 N 0000150-BLUE RIBBON PLUMBING- STMT. 01/31/1995 0000000 00/00/0000 N ------ --0000928- BIG --SAFETY SYSTEMS 01/31/1995 0000000 00/00/0000 -0001672--BAKENO,-4NG, -- 01/31/1995 0000000 00/00/0000 -0001749-BREAM ENGINEERING 01/31/1995 0000000 00/00/0000 -0000665 KLEINFELDER, INC. 01/31/1995 0000000 00/00/0000 4191.7 N STMT. N 94203 N 703765 N - ------0000618-LONG BEACH UNIFORM CO. 153533 01/31/1995 0000000 00/00/0000 N _-0000810-PITMEN-B9IE6--- - 906468 01/31/1995 0000000 00/00/0000 N AMOUNT 37.50 157.50 450.00 45.00 183.85 183.85 170.00 156.48 277.24 29,500.00 :L.000.00 301.00 443.88 44.47 RF:OIJP NUMBER 1 00187 ACCOUNTS PAYABLE 1/31/95 ACCOUNTING PERIOD: 07/1995 f4ROIJP USER ANNE TRANS. TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 100 01/26/1995 PARKS MOWER REPAIR 200 01/26/199'5 CHLORINE CYLINDERS 300 01/26/1995 BAC:TER]:AI.. ANALYSIS 400 01/26/1.995 BACTERIAL ANALYSIS 500 01/26/1995 BACTERIAL. ANALYSIS 600 01726/1995 BACTERIAL ANALYSIS 700 01/26/1995 BACTERIAL ANALYSIS 900 01/26/1995 TOWING OF UNIT 0130 1000 01/26/1995 PUBI...IC EMPLOYEE 1100 01/26/1995 I ITILI TI E.S 1200 01/26/1995 UTILITIES 1300 01/26/1995 UTILITIES 1400 01./26/1995 UTILITIES 1500 01/26/1995 I,TIL..ITIES 1600 01/26/1995 UTILITIES 003364 00 019-7100-410.33-50 003365 00 050-9000-450.33-30 WATER DEPARTMENT 003366 00 050-9000-450.33-30 WATER DEPARTMENT 003367 00 050-9000-450.33-30 WATER DEPARTMENT 003366 00 050-9000-450.33-30 WATER DEPARTMENT 003369 00 050--9000-450.33-30 WATER DEPARTMENT 003370 00 050-9000-450.33-30 WATER DEPARTMENT 003372 00 019-3100-431.21-72 POLICE DEPARTMENT 003373 00 020-2200-419.37-05 DISHONESTY BOND 003374 00 025-7261-410.35-10 003375 00 025-7265-410.35-10 003376 00 025-7100-410.35-10 003377 00 025-7757-410.35-10 003378 00 025--7256-410.35-10 003379 00 025-7251.-410.35 10 PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK CHECK DATE TYPE LAST TRANS 0000931-At*S KUBOTA TRACTOR LAWNM 2139 01/31/1995 0000000 00/00/0000 N 0000924 Aft -PURE -CHEMICAL 130407 01/31/1995 0000000 00/00/0000 N 0000949 E.S. BABCOCK & SONS 50010 01/31/1995 0000000 00/00/0000 N -0000949 E.S. BABCOCK & SONS 18696 01/31/1995 0000000 00/00/0000 N 0000949 E.S. BABCOCK &-"SONS 50202 01/31/1995 0000000 00/00/0000 N -0000949 E:S. BABCOCK-6-SONS 50530 01/31/1995 0000000 00/00/0000 N 0000949 E.S. BABCOCK & SONS 18948 01/31/1995 0000000 00/00/0000 N _-________.-_0000218-CfSTELLANO'S TOWING SERV. 19898 01/31/1995 0000000 00/00/0000 N -0001271 COACHECCA-VALLEY INSURANC 25084P14 01/31/1995 0000000 00/00/0000 "-""-- 0000460-EASTERN-MUNI.WATER DIST. STMT. 01/31/1995 0000000 00/00/0000 N 0000460 EASTERN-MUNI.WATER DIST. STMT. 01/31/1995 0000000 00/00/0000 N 0000460-EASTERN-IUNI:WATER DIST. STMT. 01/31/1995 0000000 00/00/0000 N --0000460 EASTERN-MUNI.WATER DIST. STMT. 01/31/1995 0000000 00/00/0000 N 0000460-EASTERNMUNI.WATER DIST. STMT. 01/31/1995 0000000 00/00/0000 N "--"-0000460"EASTERN MUNI:WATER DIST. STMT. 01/31/1995 0000000 00/00/0000 N AMOUNT 6.75 485.3 22.00 30.00 12.00 22.00 60.00 35.00 1:683.00 7.96 :32.09 22.88 425.77 39 :53 30 .-89- GROUP NUMBS ACI IJUN GROUP USER i 00187 ACCOUNTS PAYABLE .G PERIODI 07/1995 ANNE 1./31/95 TRANS TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 1700 01/26/199M 003380 I.1TII....T.T7:1_S 1800 01/26/1995 003381. UTILITIES 1900 01/26/1995 003382 UTILITIES 00 025-7261-410.35-10 00 025-7251-410.35-10 00 025'7253-410.35-10 2000 01/26/1995 003383 00 025-7255-410.35-10 UTILITIES 2100 01/26/1995 003304 00 025•-7261--410.35-1.0 UTILITIES 2200 01/26/1995 003385 00 025-7262-410.35-10 UTILITIES 2300 01/26/1995 003386 00 010-3100-431.31-25 CITY'S MASTERCARD STMT. 2400 01/26/1995 003387 00 010-1100-41.1.31-20 CITY'S MASTERCARD STMT. 2500 01/26/1995 003388 00 010-2500-425.31-20 CITY'S MASTERCARD STMT. 2600 01/26/1995 003389 00 096-9700-470.30-90 CITY'S MASTERCARD STMT. 2700 01/26/1995 003390 00 010-3100-431.35-16 PHONE SERVICES 2800 01/26/1995 003391 00-065•-0000-229.08-67 REIMBURSE WATER/TRASH DEPOSIT 2900 01/26/1995 003392 00 010••1:L10-411.36-75 LEGAL ADVERTISING 3000 01/26/1995 003393 00 021-4150-410.33-30 COLD MIX PUBLIC WORKS 3100 01/26/1995 003394 00 043-8501.450.30-90 CONCRETE CYLINDER SOBOBA ROAD/A.D. 94-:1. F'ROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK* CHECK DATE TYPE LAST TRANS ------0000460-EASTERN-MUNIzWATER DIST. STMT. 01/31/1995 0000000 00/00/0000 N ----------0000460-EASTERN--MUNI.WATER DIST. STMT. 01/31/1995 0000000 00/00/0000 N 0000460 EASTERN MHNI.WATER DIST. STMT. 01/31/1995 0000000 00/00/0000 N 0000460 EASTERN MUNI,WATER DIST, STMT. 01/31/1995 0000000 00/00/0000 N 0000460 EASTERNMHNIzWATER DIST, STMT, 01/31/1995 0000000 00/00/0000 N ------0000460-EASTERN-MWNI.WATER--DIST. 61MT. 01/31/1995 0000000 00/00/0000 N 0000499 FIRST INTERSTATE BANK 01/31/1995 0000000 00/00/0000 - - -0000499-FIRSTINTERSTATE-HANK 01/31/1995 0000000 00/00/0000 ---------0000499-FIRST--INTERSTAT•E BANK 01/31/1995 0000000 00/00/0000 0000499-FIRST-INTERSTATE-BANK 01/31/1995 0000000 00/00/0000 0000526GENERAL-TELEPHONE CO. 01/31/1995 0000000 00/00/0000 0001751-MODESTA-GGMEZ 01/31/1995 0000000 00/00/0000 - ------0000566-HEMET NEWS 01/31/1995 0000000 00/00/0000 -- 00006122- NE1U9TRIAL-ASPHALT 01/31/1995 0000000 00/00/0000 STMT. N STMT. N STMT. N STMT. N STMT. N REG N STMT. N 532065 N --- ----- 0000616-INLAND-FOHNDATION ENG, IN S026-034 01/31/1995 0000000 00/00/0000 N AMOUNT 25.56 569.32 26.62 275.93 7.96 509.51 369.74 369.73 369.73 27.1.5 46.86 35.93 186.00 155.14 496.00 FHUUKAM: UM. 1.SU 1'11� l.1IUrt 1.7 r VI Lur1.G L_LJ1 GROUP NUMBER ACCOUNTING GROUP USER PERIOD: ANNE 00187 ACCOUNTS., PAYABLE 07/1995 TRANS-4 TRANS DATE VOUCHER NK ACCOUNT NUMBER DESCRIP-'TION 1 DESCRIPTION 2 3200 01/26/1995 003395 COMPACTION TESTINO 3300 01/26/1995 003396 UNIFORM -LOVE 3400 01/26/1995 003397 BATTERIES 3500 01/26/1995 003398 REPLENISH PETTY CASH 3600 01/26/1995 003399 GRAFFITI REMOVAL 3700 01/26/1995 003400 GHREDDER MAINTENANCE 3800 01/26/1995 003401 TRANSCRIPTION OF 3900 01/26/1995 003402 COPIER MAINTENANCE 4000 01/26/1995 003403 COPIER MAINTENANCE 4100 01/26/1995 003404 COPIER MAINTENANCE 4200 01/26/1995 003405 COPIER MAINTENANCE 4300 01/26/1995 003406 COSIER MAINTENANCE COUNT: AMOUNT: 00 043-8501-450.30--90 GOBOBA ROAD/ A.D. 94--1. 00 010-3100-431.11-1.0 POLICE DEPARTMENT 00 019-3100--431.21-74 POLICE DEPARTMENT 00 010-•3100-431.21-90 ACCOUNT -POLICE DEFT. 00 025-7260.4.10.34--05 00 010-3100-431.34-05 CONTRACT -POLICE DEPT. :I/31/95 F'ROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK CHECK DATE TYPE LAST TRANS 00 010-3100-431.30-90 INTERVIEW TAPES -POLICE 00 010-3100-431.34-05 00 010-2500-425.34-05 00 010-7400-425.34-05 00 010-3100-431.34-05 00 010-4150-410.34-05 GROUP TOTALS 42 10.026.75 " 0000616 INLAND FOUNDATION ENG. IN S026-033 01/31/1995 0000000 00/00/0000 N -----_"-0000618-tONO-DEACM-UNIFORM CO. 153207 01/31/1995 0000000 00/00/0000 N 0000769 NORTON BATTERY MFG. CO. 53524 01/31/1995 0000000 00/00/0000 N -0000813 P.D. PETTY CASH 01/31/1995 0000000 00/00/0000 REG N 0000354 VALLEY TEEN FOUNDATION 263 01/31/1995 0000000 00/00/0000 N _ " `0000321 WHITAKER-BROTHERS BUSINES 4236 01/31/1995 0000000 00/00/0000 N -" " 000I555 MARGARET WOLFORD 01/31/1995 0000000 00/00/0000 0000307 XEROX CORPORATION 01/31/1995 0000000 00/00/0000 0000307 XEROX CORPORATION 01/31/1995 0000000 00/00/0000 0000307-XEROX-CORPORATION 01/31/1995 0000000 00/00/0000 0000307-XEROX-CORPORATION 01/31/1995 0000000 00/00/0000 __.__.. 0000307-XEROX-CORPORATION_.-_. 01/31/1995 0000000 00/00/0000 REG N 44054494 N 44854498 N 44757551 N 154396818 N 44757552 N AMOUNT 1,427.00 566- 25.3.20 89.59 226.50 219.00 120.00 242.57 273 .[L4 77.50 66.01 77.50 ()Row NI.IM8F ACCOUN 9ROUP USER . 00188 ACCOUNTS PAYABLE 1/31./95 .O PERIOD: 07/1995 ANNE TRANS: TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1. DESCRIPTION 2 100 01/26/1.995 00340 SERVICE CONTRACT 200 01/26/1995 003408 RDA DEF'EASED BOND ISSUE 300 01/26/1995 003409 AUDIT SERVICES-F/Y 93--94 400 01/26/1995 003410 A<.IDIT SERVICES-F/Y 93-94 500 01/26/1995 003411 AUDIT SI:=:RVICES F/Y 93-94 600 01./26/1995 003412 INDIVIDUAL PSYCHOTHERAPY 700 01/26/1995 003413 OVERPAYMENT OF' BI.ISINESS 800 01/26/1995 003414 PHONE SERVICES 900 01/26/1995 003415 F'I-IONE SERVICES 1000 01/26/1995 003416 LONG DISTANCE SERVICES 1.100 01/26/1995 003417 LONG DISTANCE SERVICES 1200 01/26/1995 003418 LONG DISTANCE SERVICES 1300 01/26/1995 003419 OFFICE SUPPLIES 1400 01/26/1995 003420 OFFICE SUPPLIES 1500 01/26/1995 003421. OFFICE SUPPLIES 00 010-2500-425.34-•05 CI-IECKSI68ER MACHINE F'ROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK CHECK DATE TYPE LAST 'TRANS 00 096-9700-470.30-90 ADMIN FOR FIRE STATION 00 010-•1400-414.30-90 00 050-9000-450.30-90 00 096-9700-470.30-90 00 010-1210-412.30-90 EMPLOYEE ASSISTANCE FROG. 00 010•-0000-301.01--60 LICENSE 00 010-3100-431.35-16 00 0 50-9000--450.35-16 00 010-2500-425.35-16 00 010-•3200-431..35-16 00 010-3100-431.35-•1.6 00 010-1700-417.21-10 00 010-4100-410.21-10 00 010-3300-431.21-10 - -----0001150-ABM-BUSINESS MACHINES 01/31/1995 0000000 00/00/0000 -----------0001155-BANK Of AMERICA- 01/31/1995 0000000 00/00/0000 ---0000244 CONRAD--& ASSOCIATES 01/31/1995 0000000 00/00/0000 ---------0000244-EONRAD-&-ASSOCIATES 01/31/1995 0000000 00/00/0000 ------- 0000244 COMRAD--& ASSOCIATES 01/31/1995 0000000 00/00/0000 ------0000249-THE-EOtNSELING TEAM 01/31/1995 0000000 00/00/0000 0001750 FERRO UNION. INC. 01/31/1995 0000000 00/00/0000 0000526-8ENERAL TELEPHONE CO. 01/31/1995 0000000 00/00/0000 -- -- -0000526-GENERAL--TELEPHONE CO. 01/31/1995 0000000 00/00/0000 6493 N STMT. N 3467 N 3467 N 3467 N 12-94 N RED N STMT. N STMT. N -0001080-MC!-TELECOMMUNICATIONS 482064 01/31/1995 0000000 00/00/0000 N -0001080-MCI-TELECOMMUNICATIONS 482064 01/31/1995 0000000 00/00/0000 N 0001080-MCI TELECOMMUNICATIONS 482064 01/31/1995 0000000 00/00/0000 ---- - --0000883-RIVERSIDE-COUNTY SUPPLY 01/31/1995 0000000 00/00/0000 N 181746 N --0000883 RIVCf<9IDC COUNTY -SUPPLY 101746 01/31/1995 0000000 00/00/0000 N 0000B83-RIVERS2BE-COUNTY SUPPLY 01/31/1995 0000000 00/00/0000 181746 N AMOUNT 1.89.90 336.60 979.70- 1.200.00 2.189.70 85.00 70.00 106.04 31.22 24.36 5.80 1..71 5.25 5.24 5.24 PROGRAM: 1 M31311 HLl.UUP1Ib r'MTHtlLt U1 IJH It L11 r\cr un 1 I'lurlacr\ GROUP NUMBER ACCOUNTING PERIODS GROUP USER ANNE 00188 ACCOUNTS PAYABLE 1/31/95 07/1995 TRANS TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 1600 01/26/1995 003422 OFFICE SUPPLIES 1700 01/26/1995 003423 FARTS MACHINE SOLVENT 1.800 01/26/1995 003424 IJTIL.ITIES 1900 01/26/1995 003425 00 UTILITIES 2000 01/26/1995 003426 00 UTILITIES 2100 01/26/1995 003427 00 UTILITIES 2200 01/26/1995 003428 0 CITY VS PROPERTY MORTGAGE COUNT: AMOUNT: 00 010.-3200-431.21-10 00 019•-4550-410.33•-30 00 025-7254-410.35-14 025-7256-410.35-14 025-7260-410.35- 14 025-7260-410.35-14 0 043-8501-450.30-90 A.D. 87-1 GROUP TOTALS 22 32.175.21 PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER IIUE DATE CHECK: CHECK HATE: TYPE LAST TRANS 0000883--RIVERSTDE-COUNTY SUPPLY 181746 01/31/1995 0000000 00/00/0000 -0000896-9AFETY-KL-EEN CORP. 01/31/1995 0000000 00/00/0000 N 869499 N __ -- 0000447 80.-CALIFORNIA EIIISON CO. STMT. 01/31/1995 0000000 00/00/0000 N 0000447 SO. CALIFORNIA EDISON CO. STMT. 01/31/1995 0000000 00/00/0000 N - 0000447 80. CALIFORNIA-EIIISON CO. STMT. 01/31/1995 0000000 00/00/0000 N --0000447-984-EALIFOGNiA-EDISON CO: STMT. 01/31/1995 0000000 00/00/0000 N 0000783 ROBERT-OWEN --- 01/31/1995 0000000 00/00/0000 STMT. N AMOUNT 5.24 72.25 82.96 44.10 10.528.95 308.35 17.856.80 i DATE CITY OF SAN JACINTO TREASURER REPORT FOR THE MONTH OF DECEMBER 1994 AuI DA �5.3 INSTITUTION INTEREST MATURITY PRINCIPAL SERIAL* RATE DATE AMOUNT 02-20-85 State-L.A.I.F. General Serial # 9833794 5.53 OPEN $1,447,866 01-19-88 State-L.A.I.F Redevelopment Serial # 5133120 5.53 OPEN $2,675,797 12-08-95 Home Savings of America Serial # 107-035204-0 6.1 06-08-95 $2,000,000 CHECKING First Interstate Serial # 3980000/1-98001 OPEN $320,861 UNION BANK CFD NO. 2 TOTAL CFD NO. 2 CASH ON HAND $700 Total City & Redevelopment Investments $6,445,224 CASH WITH FISCAL AGENT (BOND FUNDS) Account No. 7-11361 Citibank 7.81 9/01/2014 $1,052,969 Citibank 7.81 9/01/2014 $1,835,108 Dreyfus Treas Cash Mgt OPEN $803,338 REDEVELOPMENT Account No. 7-15639 Dreyfus Treas Cash Mgt WATER-COP's Account No. 7-15584 Dreyfus Treas Cash Mgt $3,691,415 OPEN $1,044,778 OPEN $752,988 Total Cash with Fiscal Agent $5,489,181 TOTAL ALL FUNDS $11,934,405 I certify that these investments comply with all State Laws pertaining to the investment of Local Agency Funds and the City of San Jacinto's investment policies. There are sufficient funds to meet the City's next 30 days obligations. en Leahy, Th'easurer • CITY OF SAN JACINTO A`., ADj\ 5 1� fp• 111 TO: FROM: DATE: SUBJECT: STAFF REPORT Honorable Mayor and City Council Members Brian McNabb, Director of Community Development via Pamela S. Easter, City Manager February 7, 1995 REDUCTION OF PERFORMANCE BOND FOR TRACT 24052 BOND #: 35M-775-672-00 APPLICANT: PEACOCK FINANCIAL CORPORATION 1600 E. Florida Avenue, Suite 306 Hemet, CA 92544 LOCATION: Treasures at Rancho San Jacinto, generally east of Arroyo Viejo and south of Commonwealth Avenue NEIGHBORHOOD Rose Ranch RECOMMENDATION Reduce the bond amount for Tract 24052 by $122,338.15 (22 percent), from $563,508.00 to $441,170.35. Additionally, direct the City Clerk to notify the following agencies/individuals: American Motorists Insurance Co. c/o Lou Jones and Associates P.O. Box 41375 Los Angeles, CA 90041-1091 DISCUSSION This is a request for bond reduction to 78 percent of the original amount, based upon the improvements that have been constructed to date. A recent inspection by our Public Works Inspector confirms that the improvements are properly constructed and in good condition. CCRPT95\24052BND. RED L ■ STAFF REPORT TO: Honorable Mayor and City Council Members FROM: Brian McNabb, Director of Community Development via Pamela S. Easter, City Manager DATE: February 7, 1995 SUBJECT: CALLING OF STREET IMPROVEMENT BONDS TRACT 24713 ANNENDALE PARK, NORTH SIDE OF IDYLLWILD DRIVE, WEST OF TIGER LANE NEIGHBORHOOD Ramona RECOMMENDATION Call the bonds to complete the street cap, fog seal and blue dot markers. DISCUSSION The above referenced development is a private, gated community that has been partially developed, and that has an active home owners association. The majority of the infrastructure improvements have been installed, with bonds posted to guarantee completion, as specified in the Subdivision Agreement. At this time, the final street cap, fog seal and blue dot markers have yet to be completed. Our records indicate that the street improvement bond has been reduced to $58,000 ($232,000 original bond amount), which is adequate to guarantee completion of the street improvements. The home owners association has requested the City to call the bonds in order for the streets to be completed. The home owners association contends that the lack of the final street cap and fog seal is leading to the deterioration of the magnetic sensors which operate the electronic access gate. Should the magnetic sensors fail, they would have to be replaced at considerable expense to the association. C C R PT95 \24713 bnd. cl l • 0 5 •IP A N JACINTO Staff Report TO: Honorable Mayor and Members of the City Council FROM: Gene Price, Interim Fire Chief Via: Pamela S. Easter, City Manager DATE: February 7, 1995 RE: First Amendment - Office on Aging Contract RECOMMENDATION: Approve the FIRST AMENDMENT TO CONTRACT FOR FUNDS BETWEEN RIVERSIDE COUNTY OFFICE ON AGING AND CITY OF SAN JACINTO and designate the City Manager to execute the amendment. BACKGROUND: In July of 1994 the City Council approved a contract with the Riverside County Office On Aging to provide funding for the Information and Service program at the Community Center. This program links older persons who need assistance to the appropriate service(s). The contract and funding were approved for six months. The FIRST AMENDMENT changes the term of the contract to one year and provides funding for the remaining six months. 00 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FIRST AMENDMENT TO CONTRACT FOR FUNDS BETWEEN RIVERSIDE COUNTY OFFICE ON AGING AND CITY OF SAN JACINTO Change Item 5. TERM, to read: The term of this Agreement for the services to be provided under Exhibit A shall be for the period commencing July 1, 1994, and terminating on June 30, 1995, unless sooner terminated as provided in Paragraph 5 herein. No services shall be provided, monies earned, nor reimbursements made prior to this effective date. An amended Exhibit A and Exhibit C-1 are attached hereto and incorporated herein. All references in the Agreement to these Exhibits shall henceforth refer to the attached Exhibits. All other provisions of the Agreement remain the same. DATE: COUNTY OF RIVERSIDE By "COUNTY" Purchasing Agent CITY OF SAN JACINTO By Title "CONTRACTOR" Page 1 of 1 00 3 EXIIBTT A PURPOSE AND SCOPE OF SERVICES SPECIFIC SERVICE CONTRACT REQUIREMENTS I. PROGRAM SPECIFICATIONS A. Proaram #1 - Information and Assistance 1. Goal - To link older persons who need assistance to the appropriate service(s). 2. Definition - A service for older individuals that provides: (1) current information on opportunities and services available to the individuals within the communities; (2) assessment of the problems and capacities of individuals; (3) linkage of the individuals to the opportunities and services that are available; and, (4) appropriate follow-up on referral with the client or organization to ensure that the needed service(s) was received. B. Unit of Service #11: Follow-up To determine the outcome of a referral by contacting the client and/or the organization to which he/she was referred. 1. Unit Measurement: One follow-up 2. Units of Service/Clients Served: a. Units of Service to be Provided Under Contract: 85 b. Unit Rate: c. Number of New Clients to be Served: d. Number of New Minorities to be Served: e. Number of Clients in Target Groups: $18.21 64 8 64 C. Unit of Service #16: Information To give information about resources, programs, and services. (Does not attempt to facilitate appointments or other arrangements between the client and service provider.) 1. Unit Measurement: One client served - 1 - EXHIBIT A 2. Units of Service/Clients Served: a. Units of Service to be Provided Under Contract: 120 n:n 4 b. Unit Rate: $18.21 c. Number of New Clients to be Served: 90 d. Number of New Minorities to be Served: 12 e. Number of Clients in Target Groups: 90 D. Unit of Service #19: Outreach To provide information and encouragement about existing services and benefits to individuals. Primary outreach activity will be on a one-to-one basis, except when specifically targeted group presentations are deemed more appropriate for a particular outreach need. In such cases, the service provider shall assure that all participants will be counted in this unit. 1. Unit Measurement: One client served 2. Units of Service/Clients Served: a. Units of Service to be Provided Under Contract: 60 b. Unit Rate: $18.21 c. Number of New Clients to be Served: 44 d. Number of New Minorities to be Served: 8 e. Number of Clients in Target Groups: 44 E. Unit of Service #23: Referral To screen inquirers to identify needs and appropriate resources, indicating organizations capable of meeting those needs; to help callers for whom services are unavailable by locating alternative resources, and, if necessary, to actively participate in linking the inquirer to needed services. 1. Unit Measurement: One client served. 2. Units of Service/Clients Served: a. Units of Service to be Provided Under Contract: 120 2 EXHIT A 00 5 b. Unit Rate: c. Number of New Clients to be Served: d. Number of New Minorities to be Served: e. Number of Clients in Target Groups: S18.2' 90 /0 90 II. INTAKE/SCREEN FORMS Contractor must use the uniform "Iattke/Screen" form, Exhibit D, for each person served, and take appropriate measures.to ensure their confidentiality. III. STAFFING PLAN it - A. Attach, as exhibit E, an organization chart and job descriptions for, key paid and volunteer staff, Describe hov non-English speak clients will be served and what training vill be available to sta ;Outreach worker is Bi-lingual. Orientation on resources available Orientation on keeping records In field training on interviewing IV. PLAN OF ACTION Briefly ansver the follving questions about the program/services to be provided under this Contract. If you use additional pages, please repeat the question(s) with your answers. A. Describe the day-to-day agtivities you will undertake to pro, this service, i.e., how yOu will reach out to specific neighborhoods, hov you will handle referrals, record keeping, etc. Contact Mobile Park Managers, Senior Housing Comple Managers, and all persons who have direct contact ti the frail elderly. Provide information and encouragement about existir services and benefits. Help solve problems in everyday living and/or crise Personally going door. .to door in Mobile Home Parks and Senior Housing Complexes to identify the frail elderly shut-ins. B. Hours/days of operation: four (4) hours, Five (5) days a week C. Describe the geographic area your program vill serve: San Jacinto, Gilman Hot•Springs, and North Boundary of Hemet and San Jacinto. - 3 - .a EDIT A D. Describe how you will find and serve, or involve members of target population groups: Contact Mobil Home Managers and Apartment complex Managers. Word of Mouth:,among the Hispinic Population. E. Describe how you will coordinate your program with other senior services providers in your community, i.e., transportation, housing, healthproviders, churches, civic groups, etc.: Hemet Prime of Life Re• ferral service. Day c• are center San Jacinto Community Center. Hospice, In home care* service, and Domestic help. Z. Include other pertinent\un que.4nformation about your progra 4, We.provide Income Tax and State Tax Assistance and Fill out Forms for the elderly. • nn s EXHIBIT C-1 PROGRAM BUDGET n CONTRACTOR: CITY OF SAN JACINTO PROGRAM: Information and Assistance FOR PERIOD: July 1, 1994 THROUGH June 30, 1995 ACTIVITY 1. FOLLOW-UP CONTRACT #: 0532 COST CATEGORIES, AND LINE ITEMS CASH. MATCH. IN -RIND< MATCH' OTHER INCOME CONTRACT FUNDS TOTAL COSTS 1. Personnel 1_914 1,430 2. Travel - 78 __3,3_34 78 3. Equipment 23 4. Other 688 23 688 TOTAL 2,592 1,531 4,123 ACTIVITY 2. INFORMATIO COST CATEGORIESCASH AND LINE ITEMS MATCH: IN -KIND=: MATCH OTHER INCOME CONTRACT FUNDS TOTAL COSTS 1. Personnel 1,904 1,944 04A 2. Travel 3. Equipment 138 138 4. Other 688 104 792 TOTAL 2,592 2,186 4,778 ACTIVITY 3. REFE COST CATEGORIES AND LINE ITEMS CASH MATCH IN -KIND MATCH. OTHER-? INCOME' CONTRACT` FUNDS TOTAL COSTS 1. Personnel 1,904 1,946 3,850 2. Travel 3. Equipment 136 136 4. other 688 104 792 TOTAL 2,592 2,186 4,778 ACTIVITY 4. OUTREACH COST CATEGORIES AND LINE' ITEMS CASH.. MATCH IN -KIND MATCH OTHER. INCOME-' CONTRACT.' FUNDS: TOTAL; COSTS 1. Personnel 1.904 872 2,776 2. Travel 234 234 3. Equipment 4. Other 688 688 TOTAL 2,592 1,106 3,698 7,009 $17,377 BUL :.T JUSTIFICATION CONTRACTOR: CITY OF SAN JACINTO 'ROGRAM: Information & Assistance ACTIVITY: Follow-up 8 *CASH *IN=KIND";' MATCH • *OTHER. INCOME:, CONTRACT, FUNDS:.. . < TOTAL_ PERSONNEL Salar Y 1,430 1,430 Volunteer Service (381 lhrs. @ $5 ) 1.904 1,904 TRAVEL Mileage (300 mi @ $.26/mi) 78 78 EQUIPMENT Computer Maintenance 23 23 O'tiiR Telephone 88 88 Utilities 300 150 300 150 Rent 150 150 Office Supplies TOTAL 2,592 1,531 4,123 *DESCRIBE SOURCES: Centers Co-ordinator 20 hrs./wk. $7.50 Hr. Cash Match In -Kind Match City of San Jacinto Paae 2 1,950 Amt. $ Amt. $ Amt. $ 2.592 Amt. S $ 4.542 BUDGET JUSTIFIC _TON 9 CONTRACTOR: CITY OF SAN JACINTO PROGRAM: Information & Assistance ACTIVITY: Information ° :*CASH: MATCH. *IN -RIND MATCH *OTHER INCOME.: CONTRACT FUNDS: TOTAL PERSONNEL Salary 1�708 10 1,708 to Workmen's Comp. 40 40 Medicare Tax Group 186 186 Life Ins Volunteer Service (381-Hrs. @S5) 1,904 1,904 TRAVEL EQUIPMENT Computer 138 138 Maintenance OTHER Telephone 88 300 88 300 Utilities 150 150 Rent 150 150 Office Supplies 104 104 Postage TOTAL 2,592 2,186 4,778 *DESCRIBE SOURCES: Cash Match Center's Cn-Ordinator 20 hrs. wk. $7.50 hr. Amt. $ 1,950 III -Rind Match City of San Jacinto Page 2a Amt. $ Amt. S 2.592 Amt. S $ 4,542 BUDGET JUSTIFICATION -ONFRACTOR: CITY OF SAN JACINTO PROGRAM: Information & Assistance ACTIVITY: Referral r'10 *CASH MATCH *IN -KIND MATCH *OTHER INCOME.' CONTRA^T" FUNDS. TOTAL PERSONNEL Salary Workmen's Comp. Medicare Tax Group LiCei1Irneer Service (9R1 Hrc. @ $51 1,904 1,710 to 40 lab 1.710 10 40. 186 1,904 TRAVEL EQUIPMENT Computer 136 136 Maintenance OTHER Telephone 3 88 88 300 Utilities 150 150 Rent Office Supplies 15 0 104 150 104 Postage TOTAL 2,592 2,186 4,778 *DESCRIBE SOURCES: Cash Match Centers Co-0rdinator 20 hrs. wk. $7.50 hr. In -Rind Match City of San Jacinto Page 2b Amt. $ 1,950 Amt. $ Amt. $ 2,592 Amt. $ 4,542 BUDGET JUSTIFICATION CONTRACTOR: CITY OF SAN JACINTO PROGRAM: Information & Assistance ACTIVITY: Outreach *CASH : *IN -RIND MATCH *OTHER INCOME' CONTRACT" FUNDS TOTAL PERSONNEL Salary Volunteer Service —(.381 Hrs. @ $5) '_,90� 872 872 t ona TRAVEL Mileage (900 mi Q $.26/mi) 234 234 • EQUIPMENT Computer Maintenance 23 23 OTHER Telephone p Utilities Rent Office Supplies 08 300 150 150 88 300 150 150 TOTAL *DESCRIBE SOURCES: Cash Match In -Rind Match 2,592 1,106 3,698 Center's Co-0rdinator 20 hrs. wk. $7.50 hr. Amt. $ 1,950 City of San Jacinto Page 2c Amt. $ Amt. $ 2,592 Amt. $ $ 4,542 STAFF REPORT TO: Honorable Mayor and City Council Members FROM: Brian McNabb, Director of Community Development via Pamela S. Easter, City Manager DATE: February 7, 1995 SUBJECT: CALIFORNIA DISABLED ACCESS DISCRIMINATION COMPLAINT PROCEDURE RECOMMENDATION Staff recommends the City Council Adopt the attached Resolution establishing a disabled access discrimination complaint procedure for the City, pursuant to California Government Code Sections 4450, et.sec., and Health and Safety Code Sections 19955, et. sec. BACKGROUND In November 1994, the Council adopted a resolution pursuant to the Americans with Disabilities Act (ADA), that established a complaint procedure for City facilities. services, programs or activities which are inaccessible by disabled persons. The State of California also has requirements for disabled access. The resolution before you now, establishes the procedures for enforcement of the State disabled access standards as they apply to both public and private buildings (public accommodations). Upon adoption, the complaint procedure would be effective immediately. The complaint procedure would be available to any individual who feels he or she was adversely affected by a lack of disabled access to a facility. The process involves the filing of a complaint with the City's Building Official or his/her designated employee. The complaint would be followed by an investigation by the Building Official or the designated employee. The report of the investigation is then forwarded to the complainant within 45 days, which may be extended to 90 days when reasonably required. If it is determined that access violations have occurred, action to correct the violation must occur within 90 days. Within the 90 day period, the Building Official must either confirm the correction of the violation or enter into an agreement with the facility owner to correct the violation within a reasonable time. If neither of the above occur, the Building Official would take the appropriate legal remedy for enforcement. Attachments: Resolution CCRPT95\CALDSCRM.RPT RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SAN JACINTO ESTABLISHING A COMPLAINT PROCEDURE FOR INVESTIGATION OF DISABLED ACCESS COMPLAINTS The City Council of the City of San Jacinto, State of California, does hereby resolve as follows: Section 1. Purpose: Government Code Sections 4450 et. seq., require that certain facilities constructed with public funds be made accessible to and usable by persons with disabilities. Health and Safety Code Sections 19955, et. seq., similarly require that public accommodations or facilities, including certain facilities privately constructed, be made accessible in accordance with the provisions of Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code. Local enforcement of these provisions is mandated by Government Code Section 4453(b) and by Health and Safety Code Section 19958. Section 2. Enforcing Officer: The Building Official of the City of San Jacinto, or his/her designated employee, shall be charged with the investigation and enforcement obligations stated within this Resolution. Section 3. Complaint Procedures: Any person may file a complaint with the Building Official which alleges a violation of the provisions referenced in Section 1 above. Complaints shall be made in writing and shall specify the location and nature of the complaint. Section 4. Investigation: Upon presentment of a complaint, the Building Official shall commence an investigation of the merits of the complaint. When practicable, the investigation shall be concluded within 45 days and a copy of the findings by the Building Official shall be made available to the complainant. The Building Official may extend the period of investigation up to 90 days, when reasonably required. Section 5. Enforcement: In the event the Building Official shall have sustained the complaint by confirming the existence of code violations, the Building Official shall commence action for the correction of the violations within 90 days after issuance of the Building Official's findings by taking the following action(s): Within said 90 day period, the Building Official shall confirm that the owner has corrected the violations, or the Building Official shall have entered into an agreement with the facility owner for correction of the violations within a reasonable time, or the Building Official shall bring appropriate legal proceedings for enforcement. MOVED, PASSED and ADOPTED by the City Council this day of , 1995. Mayor Attest: City Clerk TO: FROM: DATE: SUBJECT: STAFF REPORT Honorable Mayor and Members of the City Council Brian McNabb, Director of Community Development via Pamela S. Easter, City Manager February 7, 1995 TAX SALE OF 393 S. KIRBY, AND ACQUISITION THEREOF FOR PARK LAND RECOMMENDATION Staff recommends the City Council adopt the attached Resolution objecting to the public sale of tax defaulted property located at 393 S. Kirby Street, offering to purchase the property and stating the public purpose for which the property is to be devoted. FISCAL IMPACT The acquisition of this site would be funded through Fund 28, Park Development, in the amount of approximately $42,243.82. If the property is redeemed prior to the auction date, March 7, 1995, the City will lose its $350 committment. BACKGROUND Each year Staff reviews lists of properties that are corning up for tax sale to determine if there is any parcel of interest or benefit to the City. This year, there is a 19.5 acre parcel for sale located at 393 S. Kirby Street. The attached map shows the parcel, which is located across the street from the Forecast "New Beginnings" tract. The City can acquire the property prior to its public auction for the minimum bid price plus miscellaneous County costs. The price for the property as quoted by the County Treasurer and Tax Collector is $41,893.82. The additional County costs are approximately $350, and cover the costs of publication of the proposed City purchase. Once the County Treasurer and Tax Collector receives the adopted, signed resolution from the City, the property is removed from public auction roles. However, up until the day of the auction, March 7, 1995, the property owner can redeem the property if the defaulted taxes are paid. If the property is redeemed, the City would lose the opportunity to acquire the site and the publication costs that are required to be paid to the County. 41. City Council Staff Report February 7, 1995 Page No. 2 This parcel is ideally located for a future park, serving the area bounded by Sanderson Avenue, Seventh Street, Lyon and Cottonwood Avenues. The projected buildout population for this area is 3,150 which would require 15.75 acres of park space, at 5 acres of park per 1,000 people. Additionally, the City Park Master Plan, which was previously presented to the Council, places land banking for parks at a high priority because of depressed land values. Acquisition of this site would be at approximately $2,150 per acre. The property is currently developed with two homes, a double -wide mobile home, and various stables and corrals. Until the park is developed, the City should be able to receive revenue from the lease of the property. The full development of the park will ultimately cost in the $1.5 to $2.5 million range. Most likely the development of the park will be incremental, with funding from a variety of sources including park fees and grants. CCRPT-95\TAXSALE. CCR -41 c / — 43/- /6 parr f/7J I/11 Q.O w.IAA•0 n n—Ap 4.J/ •/11 J/ 11•JI wnl 11 4n J/41 Of J,. J/ J/ INJ ff, 31 .1 al T.C.A. 9/14 29128 w w A POR. RANCHO SAN JAC/NTO V/EJO ( POR. SEC. 33, T.4S., R./W. to' 09 f Co' ca• `—' ♦1/3Ao -r 44 . �4lfr 3 1 1' n 1. • 6CVEN1N .w 2 4S4 e. 460. M.B. B/357 SA Son Jacinto Lond Association P. M. 7/86 Parcel Mop Na 4799 PM 40/20-21 Parcel Mop 9//2 PM 54/69 w /022/ •10 1 4/ afo ® 4 l,tr. 1 YM /ix./ ~ JNr`• - •JIACr Z1 Post i _ ��pp7j_.-j^ _ Po< 5 • �® I. i 1. • u � •e1I� 1YJ 6119 f n sa r ►%II sire a, Ph RN - , r N.,4 .�% EL 111 w. •I II 1I•r. 4.044•44. •10. [x • MJI�•1 • • i.•' e �r ASSESSORS R/VERS/OE C af RESOLUTION NO. RESOLUTION OF THE CITY OF SAN JACINTO OBJECTING TO PUBLIC SALE OF CERTAIN TAX DEFAULTED PROPERTY LYING WITHIN THE CITY OF SAN JACINTO, OFFERING TO PURCHASE THE PROPERTY AND STATING THE PUBLIC PURPOSE FOR WHICH THE PROPERTY IS TO BE DEVOTED. WHEREAS, the City of San Jacinto has determined that certain tax -defaulted parcel of property is within the City of San Jacinto, and the City desires to purchase said parcel for public purposes; and WHEREAS, the Riverside County Treasurer and Tax Collector has determined the purchase price for which such parcels may be acquired by the City. NOW, THEREFORE, BE RESOLVED by the City Council of the City of San Jacinto as follows: Section 1. The City does hereby object to the sale of the 19.5 acre parcel of land, located in the City of San Jacinto and described below: Assessor Parcel # 431-160-003-8 Also known as 393 S. Kirby Street Legal Description: North half of the southwest one fourth of Farm lot 152 of Lands of the San Jacinto Land Association, as per map recorded in Book 8, Page 357, San Diego County Records, in the office of the County Recorder of Riverside County. The purchase price established by the Riverside County Treasurer and Tax Collector, pursuant to the Tax Collector's Power of Sale, is $41,893.82. Section 2. The City of San Jacinto does hereby offer to purchase this parcel of land identified in Section 1 above, from the Riverside County Treasurer and Tax Collector, and offers to enter into a Chapter 8 Agreement of Sale for said parcel of land with the Riverside County Treasurer and Tax Collector pursuant to the provisions of the California Revenue and Taxation Code, Chapter 8, Section 3371, et sq. in such forms as the Riverside County Treasurer and Tax Collector shall specify. Section 3. The City hereby certifies to the Riverside County Treasurer and Tax Collector that the public purpose for which the parcel of land will be devoted is as follows: Public park land and public infrastructure. Section 4. The City Manager of the City of San Jacinto is hereby authorized to execute any and all such Chapter 8 Agreements of Sale to carry out the purposes of this Resolution, and to forthwith pay to the Riverside County Treasurer and Tax Collector, the full purchase price therefor, as specified in Section 1, together with all costs of giving notice pursuant to statute. The City will pay all costs of giving notice pursuant to statute, in full recognition that such costs are in addition to, and not included within, the purchase price. In addition, the City agrees to pay publication costs incurred even if the property is redeemed, and therefore not conveyed to the City, and to pay the full costs of Lot Book Reports, which City further recognizes to be non- refundable fees. Section 5. The City Manager is further authorized to execute any and all other documents, agreements and certifications required or desirable to consummate the purchases contemplated hereunder. MOVED, PASSED AND ADOPTED this day of 1995, upon the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: CERTIFICATION The foregoing is certified to be a true copy of Resolution No. duly adopted by said of the City of San Jacinto on the date set forth therein. CC RPT-95\Tres-Tax. Res c STAFF REPORT TO: Honorable Mayor and City Council Members FROM: Brian McNabb, Director of Community Development via Pamela S. Easter, City Manager DATE: February 7, 1995 SUBJECT: REQUEST FOR FEE WAIVER BY CHAMBER OF COMMERCE FOR ANNUAL CARNIVAL RECOMMENDATION Staff recommends the City Council allocate funds for the Chamber of Commerce Carnival in an amount the Council deems appropriate. BACKGROUND On January 31, the Chamber of Commerce requested a waiver of City license fees for their upcoming carnival scheduled February 16 through February 19. Business license fees consist of $200.00 for the first day and $100.00 for each subsequent day, totalling $500 for the four day event. Additionally, miscellaneous fees exist for the Police Department to process a certificate of compliance ($25.00), for the Planning Department to process a temporary use permit ($35.00), for the Fire Department for a fire inspection ($120.00), and for Building and Safety for building permit/inspections ($15.00 for each electric generator/ride and $4.50 for each walk through booth/mechanical ride). Because the Chamber has not submitted a complete site plan, total fees cannot be calculated. However, based on past events of a similar nature, Staff estimates the total fees (including business license fees) to be approximately $800. The City's adopted budget allocated $6,000.00 for Community Promotions in 1994-95. A portion of the Community Promotion funds has been spent, and the remaining balance is $4,380.00. Additional up -coming community promotions include the Carson and Barnes Circus in May, and Heritage Days/Cinco de Mayo also in May. The Chamber of Commerce justifies this request because this project is one of its major annual fund raisers and all licenses are required to be paid by the Chamber. The applicable City fees constitute a fair percentage of the profit for the Chamber. CCRPT-95\CARNWAI V. FEE San Jacinto Chamber of Commerce & Visitor/Information Center January 30, 1995 Ban.Jacinto City Council City of San Jacinto 312 E. Main Street San Jacinto, Cif 92583 The San Jacinto Chamber of Commerce requests a waiver of City license fees for their -upcoming Carnival on February 16th through February 19th, 1995. The San Jacinto Chamber of Commerce is a non-►rofit organisation that promotes business and industry in the City of San Jacinto. We very much appreciate your consideration. Yours truly, Patti K. Dtuaky Executive Director 188 East Main Street • San Jacinto, California 92583 • 909/054.9246 • FAX 909/654-5007 STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Anna Vega, Finance Director Via Pamela S. Easter, City Manager SUBJ: 1993-94 Annual Audit Report DATE: February 7, 1995 RECOMMENDATION Receive and file the attached 1993-94 Audited Financial Report. BACKGROUND Mike Harrison of Conrad & Associates, the City's Auditor will be present to discuss and answer questions that the Council has regarding the General Purpose audited financial report. . 3 4 r CITY OF SAN JACINTO STAFF REPORT TO: Honorable Mayor and City Council Members 13 FROM: Brian McNabb, Director of Community Development and Les Evans, Public Works Director via Pamela S. Easter, City Manager DATE: February 7, 1995 SUBJECT: 1. UPDATE ON HIGHWAY 79 2. AUTHORIZATION TO SUBMIT HIGHWAY CONSTRUCTION GRANT APPLICATIONS TO RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) RECOMMENDATION 1. Advise Staff as appropriate regarding Highway 79. 2. Approve list of highway projects to be submitted to RCTC. BACKGROUND Highway 79 Status Report The last two actions taken by the City Council related to Highway 79 were as follows: 1. Authorize Staff to begin negotiating a Memorandum of Understanding with CAL TRANS for the phased transition of Highway 79 from its existing route to its ultimate route in west San Jacinto. 2. In response to correspondence generated from the Hemet Chamber of Commerce, appointed Jim Oaks to join City Staff in a meeting with a Hemet Councilmember and Hemet City Staff. The meeting between the Cities took place in September, 1994. It was clear from this meeting that each City had some views regarding a north/south regional road that were consistent with one another and others that were divergent. Areas of disagreement seemed to be the specific route, signalization vs. grade separated intersections, and access. It was agreed that the two Staffs should continue to meet to see if some resolution to areas of disagreement could be achieved. Three meetings have been held. The last of these meetings included John Kain from Kahn/Kain, the traffic engineer that prepared San Jacinto's Circulation Element and has done extensive work for the County regarding Highway 79. It was clear from these three meetings that the two Cities couldn't reconcile their differences. However, Mr. Kain's T• r Staff Report February 7, 1995 Page 2 input was valuable in that he pointed out the ultimate traffic volumes justified two north/south six lane roads, which are actually already included in our Circulation Element. It was suggested the Highway 79 transition might be more appropriate north of the Ramona Expressway. A field investigation took place which revealed potential to this idea. Both Staffs are in agreement on this routing. With this route, the other areas of disagreement may be minimized. John Kain has done further work and come up with two alignment possibilities. These are attached for your information. Your Staff prefers Alternative #1 as it provides a better spacing from Sanderson Avenue and a better connection to Gilman Road. We have also recently received a letter from CAL TRANS indicating a desire to negotiate an MOU in 1995. Proposed Intermodal Surface Transportation Efficiency Act The Riverside County Transportation Commission (RCTC) has announced a Call for Projects under the Congestion Mitigation and Air Quality Improvement Program (CMAQ) and Surface Transportation Program (STP) pursuant to the Intermodal Surface Transportation Efficiency Act (ISTEA) enacted in December, 1991. CMAQ Funds are utilized by the Western Riverside Council of Governments for planning purposes. STP funds can be utilized for construction. The availability of STP funds for this Call for Projects is approximately $17.8 million. The apportionments are divided among urban areas with populations over 200,000 and to urban areas with populations under 200,000. At the last call for projects in 1992, the City of San Jacinto received $280,000 for Warren Road Rehabilitations; $120,000 for a Traffic Signal at SR 79, and State Street; and $400,000 towards the Ramona Expressway "missing Zink" between Seventh Street and Cedar Avenue. City staff proposes the submission of applications to RCTC for the following STP projects: 1. Ramona Expressway $1,600,000* 2. Warren Road (Cottonwood to Esplanade) $ 150,000 3. Seventh Street (Lyon to Palm) $ 300,000** * The City of San Jacinto share of this project is $2,000,000. ** Includes a box culvert under the road BKM:Ir CCRPT-95\Hwy-79 ri Robert Kahn, John Kain & Associates, Inc. ]0003 Transportation Planning • Traffic/Acoustical Engineering January 13, 1995 Mr. Juan Perez, Traffic Engineer CITY OF HEMET 450 East Latham Avenue Hemet, CA 92543 Subject: Warren Road Crossover, Route 79 Corridor Dear Mr. Perez: The firm of ROBERT KAHN, JOHN KAIN & ASSOCIATES, INC. (RKJK) is pleased to submit this concept alignment review for the proposed extension of Warren Road from the Ramona Expressway to Lamb Canyon Road (State Route 79) within the County of Riverside. This concept review has examined two (2) potential alternatives for the planned extension of Warren Road north of the Ramona Expressway. Based on our review of the existing roadway network within the study area, the following two concept alternative alignments are presented: Alternative 1 - Warren Road Crossover to Lamb Canvon Road (SR 79) In this alternative Warren road would extend northeasterly from Ramona Expressway and join SR-79 north of the planned SR-79/Gilman Springs interchange. The alignment would bridge over the San Jacinto River and Gilman Springs Road and then join SR-79 in a free flow interchange. The corridor would provide a direct route from Lamb Canyon Road (SR-79) to the existing Warren Road with no at -grade crossings. Exhibit A illustrates the Alternative 1 alignment and interchange concept. Alternative 2 - Warren Road Crossover to Sanderson Avenue In this alternative Warren Road would extend north of the Ramona Expressway for approximately 1/2 mile then turn easterly to join Sanderson Avenue south of the planned SR-79/Gilman Springs Road interchange. The alignment would provide a limited access facility from SR-79 to Warren Road with a traffic signal at SR-79 (Warren Road Extension) and Sanderson Avenue. An additional crossing of the San Jacinto River would be required in this alternative as well as the Alternative 1 concept. Exhibit B illustrates the Alternative 2 concept alignment. 4101 Birch Street, Suite 100, Newport Beach, California 92660 (714) 474-0809 • FAX (714) 474-0902 Mr. Juan Perez, Traffic Engineer CITY OF HEMET January 13, 1995 Page 2 0nn4 We sincerely hope that these two alternative concepts for the extension of Warren Road north of the Ramona Expressway provide a basis for continued planning and further alternatives analysis for this important transportation corridor. If you have any questions regarding this review, please do not hesitate to give me a call at (714) 474- 0809. Sincerely, ROBERT KAHN, JOHN KAIN & ASSOCIATES, INC. Kain, AICP cipal RK:kgd/4638 JN:444-93-001 Attachments xc: Mr. Les Evans, CITY OF SAN JACINTO cc c LEGEND: ALTERNATIVE CORRIDOR ALIGNMENT = PROPOSED TRAFFIC SIGNAL WARREN ROAD CROSSO><iER ALTERNATIVE 2 NORTH OF RAMONA EXPRESSWAY ah JOINT CITY REVIEW, ROUTE 79 CORRIDOR Cities of Hemet and San Jacinto, California APPROXIMATE SCALE 1-=1640' EXHIBIT B Robert Kahn, John Keinl & Associales, Inc. J WARREN ROAD CROSSOVER ALTERNATIVE 1 NORTH OF RAMONA EXPRESSWAY z 4 LEGEND: ALTERNATIVE CORRIDOR ALIGNMENT ALTERNATIVE 1 CROSSOVER TO LAMB CANYON ROAD akii JOINT CITY REVIEW, ROUTE 79 CORRIDOR WI Cities of Hemet and San Jacinto, California APPROXIMATE SC I =1640' SANDERSON AVE. '7- ,sue s, `,A s, s` \, R-3000' se( ARREN RD. EXHIBIT A Robert Kahn, John It do Associates, Inc. TO: FROM: DATE: SUBJECT: STAFF REPORT Honorable Mayor and Members of the City Council Brian McNabb, Director of Community Development via Pamela S. Easter, City Manager February 7, 1995 REVIEW OF PROPOSED SIGN GUIDELINES RECOMMENDATION 1. Informational - Receive and File 2. Comment as Appropriate, as the City Council public hearing is scheduled for February 21, 1995 BACKGROUND Per Council direction in the spring of 1994, Staff undertook a complete review of the City Sign guidelines. To facilitate the process, a citizens' committee was formed to assist in the preparation of new guidelines. The members of the committee were made up of business persons, a 2010 Committee member, a former Planning Commissioner, and Community Preservation Committee members. After meeting several times, the committee forged a set of guidelines which are more comprehensive and modern than the existing sign regulations. After the committee completed its review and preparation of the guidelines, the guidelines were presented to the Planning Commission for their review and comment. The Commission held several meetings on the guidelines, recommended several additions and sought the clarification of certain provisions. Major topics of discussion by both the committee and the Planning Commission included the creation of special circumstance signage (gas stations, theaters, churches), temporary signage, a commercial Kiosk program, and the preparation of separate guidelines for the Main Street area. All the above, except for Main Street guidelines, have been incorporated into the guidelines. Because of the uniqueness of Main Street, Staff and the Planning Commission agreed that separate zoning standards should be prepared for the Main Street area. Staff also presented the proposed guidelines to the Chamber of Commerce for review and comment, prior to completion of the Commission process. The Chamber submitted a set of questions/issues which were considered by the Planning Commission. CCRPT-95\SIGNDRFT.CCR 00 1 ARTICLE 16 SIGNS 16.01 PURPOSE The purpose of this section is to promote sign guidelines which: A. integrate the elements of building and landscape design to promote a harmonious architectural theme. B. Protect the public health, welfare, safety, and aesthetics of the City. C. implement the design standards and unique characteristics of the City, consistent with the General Plan and Neighborhood Program. D. Ensure signs portray an effective message, that is clearly readable and promote the City's appearance. E. Reduce sign clutter and confusion to clearly identify the use and the premises. F. Create consistency in scale and proportion to the to use, site, or structure the sign is serving. G. Are flexible and provide for artistic expression in a simple, high quality format. H. Ensure the use of high quality materials and design to promote good signage and continued maintenance of signs. 16.02 APPLICABILITY No sign shall be erected or maintained in any land use district established by Ordinance 340, the Zoning Ordinance, except those signs specifically enumerated in this Section. The number and area of signs as outlined in this chapter are intended to be the maximum standards. All signs proposed shall also be analyzed based upon the sign's relationship to the overall appearance to the subject property, the Neighborhood, and the surrounding community. Compatible design, simplicity, and message effectiveness are to be considered for sign approval, in addition to the maximum standards enumerated. 16.03 DEFINITIONS Abandoned Sign - Any on -premise sign which has not advertised, in the last ninety (90) days, an approved use or activity as allowed by this chapter. Sign Guidelines, Page No. 1 (1-11-95) See Article 16.08(B) for abandoned general outdoor advertising signs. Address Sign - The numeric reference of a building or use to a street, included as part of sign. A -Frame Sign - A portable freestanding sign hinged, folded or otherwise angled at the top, forming a shape similar to the letter A". Animated/Moving Sign - A sign which uses movement, lighting, or special materials to depict action or create a special effect or scene. Awninq/Canopy Sian - A sign that is printed on, painted on, or attached to the vertical surface of an awning. Billboard - Any sign that directs attention to a business, profession, product, commodity, or service that is not the primary business, profession, commodity, product, or service sold, manufactured, conducted, or offered on the site on which the sign is located. These signs are also referred to as general outdoor advertising signs. These signs shall not include off -site real estate advertising signs. Business Park - A group of commercial or business use buildings planned, designed, and constructed on the same site or contiguous sites, and having common access and parking areas. Construction Sign - A temporary sign erected on a parcel where construction is taking place, and indicating the architect, engineer, landscape architect, contractor, or similar artisans, and the owner, developer, financial sponsors, and similar firms or individuals having a significant role or interest in the project. Destruction of Sign - A sign which has either been 50% destroyed or has its structural support(s) destroyed. Directional Sign - A sign indicating directional messages for pedestrian and/or vehicular traffic, such as "enter", "exit", etc. Directory Sign - A sign used for listing the tenants or occupants of a building or center. Flashing Sign - A sign that displays an intermittent or sequential flashing light source. Sign Guidelines, Page No. 2 (1-11-95) 3 Freestanding Sign - A sign, not of a temporary nature, detached from any building and supported by one or more -► poles or other similar structural components. General Outdoor Advertising Sign - See Billboard. GFA Gross Floor Area - The total floor area of a building or structure or combination thereof, including the leasable area, restrooms, hallways, stairwells, elevator shafts, escalators, and storage rooms. Illegal Sign - A sign installed without issuance of a sign permit illuminated Sign - A sign lighted with an artificial light source. Industrial Park - A group of light industrial buildings planned, designed, and constructed on the same site or contiguous sites, and having common access and parking areas. Institutional Use - A for profit or non-profit facility including, churches, educational uses, hospitals and the like. Kiosk - An off -site sign used for directional purposes to businesses, sales offices, model homes complexes, and/or points of interest, etc.. Logo - An established trademark or symbol associated with a business or corporation. Monument Sign - An freestanding sign, the structure of which is supported from grade giving the appearance of having a solid base. Nonconforming Sign - Any sign, not of a temporary nature, legally constructed which does not comply with the provisions of this chapter. Office Park - A group of office buildings planned, designed, and constructed on the same site or contiguous sites, and having common access and parking areas. Offsite Real Estate Sign - A sign erected on a parcel that is not the location of the real parcel that the sign is advertising for sale, rent or lease. Offsite Sign - A sign erected on a parcel that is not the location of the business or use that the sign is advertising. Sign Guidelines, Page No. 3 (1-11-95) /1 4 Political Sign - A temporary sign directly associated with national, state, or local elections. Promotional Sign - A temporary sign used to promote a sale, new product line, new management, new service, and like activities or events. Real Estate Sign - An on -site sign pertaining to the sale or lease of the premises. Roof Sign - A sign erected, constructed, or placed upon or over a roof of a building, including a mansard roof and which is totally or partially supported by such building. Shopping Center - A group of retail uses planned, designed, and constructed on the same site or contiguous sites, and having common access and parking areas. Sign - Any display and the associated structure used to advertise or draw attention to a product, business activity, property, or message, whether attached to/or placed upon the ground, a building, a pole, or suspended in air. Sign Area - The entire face of sign, including the surface and any framing, projections, or molding, but not including the support structure. Individual channel letters mounted on a building shall be measured by the area enclosed by four straight lines outlining each word. Sign Height - The vertical distance measured from the ground at a point intersecting the sign structure or supports to the highest point or projection of such sign. Sign Program - A coordinated, detailed program of one or more signs for an individual building or building complexes with multiple tenants. Temporary Real Estate Signs - A sign not permanently anchored to the ground, displayed for a period of time while sales or leasing of property is actively ongoing. Temporary Sign - A sign that is not permanently affixed to a building or the ground. Trademark - A word or name which, with a distinctive type or letter style is associated with a business or business entity in the conduct of business. Vehicle Sign - A sign which is attached to or painted on a vehicle which is parked on, adjacent to, or near any property, the purpose of which is to attract attention to a product sold or an activity or business located on such property. Sign Guidelines, Page No. 4 (1-11-95) 5 Wall Sign - A sign painted on or fastened to a wall and which does not project more than 12 inches from the building or structure. Window Sign - Any sign, whether or not temporary in nature, that is applied or attached to a window or located in such a manner that it can be seen from the exterior of the structure. 16.04 PERMITS Except as provided elsewhere in these regulations, no person, firm, or corporation shall erect, construct, move, alter, place, suspend, attach, paint, or display any sign or cause or permit the same to be done without first obtaining appropriate permits from the Department of Community Development. A. Exceptions 1. Window signage not exceeding 25 percent of the area of such window, determined on a pane by pane basis. 2. Interior signage not visible from the exterior of the building. 3. Memorial signs, plaques, and associated displays installed by civic organizations recognized by the City. 4. Official and legal notices issued by a court or governmental agency. 5. Official flags of the United States, State of California, and other states of the nation, countries, municipalities, official flags of foreign nations, and national or international organizations. 6. Real estate and construction signs, not in excess of one per street frontage, 32 sq. ft. or less in area and less than 7 ft. in height. 7. Maintenance of existing advertising for an existing business. 8. Directional, informational or warning signs authorized by federal, state or municipal authority. 9. Temporary rural area and/or residential signage less than 4' X 4.' Said signage shall not be in place for in excess of 30 days. Sign Guidelines, Page No. 5 (1-11-95) 6 10. Political signs, provided said signs are not placed in or over the public right-of-way. Any political signs located in or over the public right-of-way will be subject to immediate removal and destruction. The City may utilize any available legal method to recoup costs associated with the removal of the illegal political signs from the advertising political campaign or candidate. B. Permit Application 1. The plans for each sign shall include a drawing in triplicate showing the design, color, size, type of attachment, source of illumination, and the proposed height. 2. A fully dimensioned plot plan, to scale, indicating the location of the sign on the building or site relative to adjacent streets, right-of-way, sidewalks, other building or structures, and the number, size, and location of all existing signs on the same building or lot, or for the business if the same business is conducted on contiguous lots. 3. Any permit which has been issued as a result of a misrepresentation of fact by the applicant may be summarily revoked by the Community Development Department, who shall thereupon give written notice of revocation to the applicant. Within fifteen (15) days thereafter, any sign authorized by said permit shall be removed. Failure to remove such display within a fifteen (15) day period is a violation of this ordinance, as a public nuisance. 16.05 SIGN PROGRAM A. Multiple tenant shopping centers, office developments and business/industrial parks shall submit a detailed sign program to the Director of Community Development. Said sign program shall be submitted prior to the issuance of any building permit related the development. The sign program shall include the following elements: 1. Identification of the colors and materials to be used for all signage in the development. The colors and materials shall be consistent with those used/proposed for the applicable development. 2. Method of mounting, support structures and illumination shall be delineated. Each program shall utilize consistent sign construction techniques, mounting mechanisms and methods of illumination. Sign Guidelines, Page No. 6 (1-11-95) 3. Sign placement criteria, letter height, and logo height for all uses and tenants. B. Where a specific plan is proposed, said specific plan shall include a detailed sign program delineating all proposed signage and proposed sign standards, including entry monumentation. Said sign program shall be incorporated into the proposed specific plan as a mandatory element of said specific plan. 16.06 PROHIBITED SIGNS A. Abandoned signs, as provided for in Section 16.08. B. Animated, moving, flashing, blinking, reflecting, revolving, or any other similar sign (excluding electronic message boards). C. Banners, flags and pennants, except as provided by Section 16.07. D. Chalkboards/blackboards. E. Changeable copy signs, except as provided by Section 16.11, B, and D. F. Off -site or billboards, except as provided by Section 16.09, B. G. Portable signs or A -Frame signs. H. Roof signs. 1. Signs in or over public right-of-way, except as provided by Section 16.09, A. J. Signs painted on fences or roofs. K. inflated devices, except as provided by Section 16.07. L. Signs affixed to vehicles. M. Signs which simulate in color or design traffic control devices or signs, or which may mislead or confuse pedestrian or vehicular traffic. N. Window signs exceeding 25% of the window area, pane by pane, excepts as provided by Section 16.07. 16.07 TEMPORARY SIGNS Special event signs may be permitted subject to the approval of the Department of Community Development for a limited period of time for such events as grand openings, carnivals, parades, charitable events and holiday/promotional sales. Special event signs shall be subject to the following: 1. Community Related or Charitable Events by Recognized Civic Organizations shall be allowed temporary signage, subject to submittal of temporary sign permit. Sign type and duration of posting shall be determined by the Department of Community Development based upon the event. Sign Guidelines, Page No. 7 (1-11-95) 8 2. Temporary sign permits shall be obtained prior to the posting or placement of temporary signs for promotional sales or events by for profit organizations or businesses. The following provisions apply to placement of such signs: a. Promotional signs shall be limited to the duration of the sale or event, but in no case shall a promotional sign be in place for in excess of 30 days. b. Promotional signs shall be limited to 60 days per calendar year. c. Promotional signs may include balloons, inflated devices, search lights, beacons, banners, flags, pennants and streamers. 16.08 GENERAL PROVISIONS A. ENFORCEMENT It shall be the duty of the Department of Community Development and the Code Enforcement Division to enforce the regulations of this chapter. 1. Any sign erected, constructed, altered, enlarged, converted, moved, abandoned or maintained contrary to the provisions of this chapter, shall be, and the same hereby is declared to be unlawful and a public nuisance. Upon determination of a sign as a nuisance, the sign shall be removed in a reasonable period of time, as determined by the Department of Community Development or Code Enforcement Division. !f the sign owner disagrees with the determination, said owner may request one of two actions: 1. Appeal to the Community Preservation Committee for an extension of the time to remove said sign; or 2. Apply for Variance in accordance with the provisions of Ordinance No. 340. B. MAINTENANCE OF SIGNS 1. The user, owner, or lessee of any sign authorized by these regulations shall maintain said sign in a safe, presentable, and structurally sound condition at all times, including the replacement of defective parts, and any other acts required for the maintenance of said sign. Failure to comply with these requirements will cause sign to be declared a public nuisance, and shall be removed in accordance with Ordinance No. 978. Sign Guidelines, Page No. 8 (1-11-95) r 9 2. In the case of abandoned signs, the identification, name and copy pertaining to the abandoned business, product, or idea shall be removed upon the order of the Department of Community Development. This does not necessarily apply to the permanent structure or cabinet when said structure or cabinet complies with the provisions of this chapter. Where the abondoned sign copy has been removed and the interior of the cabinet is exposed, the exposed portion of the cabinet shall be covered with a durable material, in a color to match the existing signs and/or buildings on the property. In the case of general outdoor advertising signs, such sign shall be totally removed if no product, business, property, message, or idea has been advertised in the previous twelve (12) months. Failure to remove an abandoned sign shall constitute a public nuisance to be removed in accordance with Ordinance No. 978. 3. If it is determined by the Department of Community Development that a sign shall cause imminent danger to the public safety, and contact cannot be made with the sign owner, building owner, or property owner, no written notice shall be served. In documented emergency situations, the city may cause the danger to be removed. a. The City shall cause any sign to be removed that is a public nuisance or that endangers the public by reason of electrical or structural hazards. Any sign removed by the City pursuant to these provisions shall become the property of the City, to be disposed of any manner deemed appropriate. b. The cost of removal of a sign shall be considered a debt owed the City by the sign owner and property owner, recoverable by legal action or a lien against the property. The cost of removal shall include any and all expenses incurred by the City, including legal fees. C. NON -CONFORMING SIGNS In order to limit the number and extent of nonconforming signs created by adoption of this ordinance, it is the intent of this ordinance to permit nonconformities to continue until they are removed but not to encourage their survival. Therefore, a sign, not temporary in nature, in existence prior to the effective date of this ordinance or upon annexation to the City shall be allowed to exist except as follows: Sign Guidelines, Page No. 9 (1-11-95) `?1O 1. No legal nonconforming sign shall be enlarged, expanded, extended, altered, moved, re-established after abandonment, or restored after destruction, except as provided elsewhere in these regulations. 2. Nonconforming signs shall be removed when a property is further developed, in accordance with the Zoning Ordinance. 3. Nonconforming signs shall be removed prior to the installation of new signs advertising the same business or any new business on the site. 4. Existing legal billboard signs shall be removed when the property on which the sign is located is further developed. 16.09 REAL ESTATE AND BILLBOARD SIGNS A. KIOSK/OFF-SITE DIRECTIONAL SIGNS 1. No off -site directional signs shall be placed in the City unless they are part of a City approved program and comply with the following regulations. a. Panel and sign structure (Kiosk) shall be of uniform design and approved by the Community Development Director. b. A sign structure shall be located not less than 600 feet from an existing or previously approved sign site. Further, each sign may only contain the name of the business or development and a directional arrow. c. The placement of each sign structure shall be reviewed and approved by the Director of Community Development or authorized staff. d. All signs are to be placed on City right-of-way with City Encroachment Permit obtained and filed with the Department of Community Development prior to issuance of permit. e. A sign location plan shall be prepared showing the site of each directional sign and shall be submitted to the Department of Community Development prior to the issuance of a sign permit. Sign Guidelines, Page No. 10 (1-11-95) "r.11 f. There shall be no additions, tag signs, streamers, devices, display boards, or appurtenance added to the signs as originally approved. Further, no other directional signs may be used, such as posters or trailer signs. Other temporary off -site directional signs ("bootlegs") shall only be allowed pursuant to a Resolution adopted by the City Council, which outlines a program for placement and removal and administration of said program. g. B. BILLBOARDS 1. No general outdoor advertising signs shall be permitted in the City except as noted below. Furthermore, said signs which exist shall be removed when the property upon which they are situated develops further. A. Said signs are allowed in the C-2 and M-1 Zones, as replacement for an existing general outdoor advertising sign on the same site only, subject to the following requirements: 1. A Conditional Use Permit shall be obtained by the proponent prior to the replacement of any such sign. The replaced sign(s) shall be removed prior to the erection of the replacement sign. 2. Signs shall be no closer to the property line than the setbacks allowed in the zone, measured from the ultimate right-of-way. 3. Such signs shall be limited to one sign per parcel, located no closer than 500 ft. apart with no more than four (4) sign structures per statute mile along the same street. 4. All signs shall be on a single pole. 5. All signs may be provided with illumination. All electrical to such signs shall be underground. 6. All signs shall be 12 ft. by 24 ft. (no larger or no smaller). Sign Guidelines, Page No. 11 (1-11-95) ^7 7. The top of the sign shall be no more than 25 ft. above the average grade within 25 ft. of the sign. The bottom of the sign shall be no less than 9 ft. above the average grade within 25 ft. of the sign. 8. A Business License shall be obtained for all general outdoor signs. 16.10 BUSINESS SIGNS A. Wall Signs 1. Main Wall Sign a. Except as permitted elsewhere in these regulations, any business shall be allowed one main wall sign on the side of a building containing the main entrance. 2. Accessory Wall Signs a. Each business with a gross floor area of 20,000 sq. ft. or more shall be permitted accessory wall signs on the building frontage containing the main wall sign. The area of all the accessory wall signs shall not exceed the area of the main wall sign as constructed; and the letter height of the accessory wall signs shall not exceed 50 percent of the letter height of the main wall sign. By way of example: if the main wall sign is 50 square feet, then the total area of all accessory wall signs can not exceed 50 square feet. If the letters on the main wall sign are 18 inches, the letters for the accessory wall signs can not exceed 9 inches in height. 3. Maximum Area for Main/Accessory Wall Signs a. The total area of the main wall sign shall be based upon the ratio of one (1) sq. ft. per lineal ft. of building frontage. However, the main wall sign does not have to be less than 32 sq. ft. In no case shall the main wall sign exceed 100 sq. ft.. Where accessory wall signs are permitted, the total area of all wall signs combined, shall not exceed 150 square feet. Sign Guidelines, Page No. 12 (1-11-95) n n 1 " J 4. Street Side Wall Signs a. A business activity shall be allowed one additional sign on the side of the building, not including the main entrance, which is adjacent to, fronts on, or is directly accessible from a public street, with no building or structure separation. 5. Maximum Area for Street Side Wall Signs a. Street side signs shall not exceed the lesser of 1 sq. ft. of sign area per lineal foot of building frontage or 50 square feet, except as permitted elsewhere in these regulations. 6. No portion of any wall mounted sign shall extend above or beyond the vertical height of any exterior wall or roof structure. B. Canopy/Roof Suspended Sign 1. Canopy Signs a. Businesses within buildings having a roof structure or canopy on the wall containing a public entrance may suspend or otherwise paint or attach a sign from or on the roof overhang or canopy. 2. Maximum Area for Roof Overhang/Canopy Suspended Signs a. Roof overhang/canopy signs shall not exceed 8 square feet and suspended signs shall maintain a minimum clearance of 8 ft. above the ground. C. Free Standing Signs 1. Individual Commercial/Office/industrial Developed Parcels and Shopping Centers, Office Complexes, Business Parks and Industrial Parks with less than 50,000 Square Feet (GFA) shall be allowed the following: a. One free standing sign pertaining to the use on the property. b. One secondary free standing sign per each additional street; said secondary free standing sign shall be located on such additional street. Sign Guidelines, Page No. 13 (1-11-95) • c. Free standing signs permitted under this subsection shall not exceed 50 sq.ft. of display area per sign face. Secondary free standing signs permitted under this subsection shall not exceed 25 square feet. d. Monument signs shall be required and shall be no more than 15 ft. in height. 2. Shopping Centers 50,000 Square Feet to 100,000 Square Feet (GFA) shall be allowed the following: a. One primary free standing sign. b. One secondary free standing monument type sign per each additional street; said secondary free standing sign shall be located on such additional street. c. Primary free standing sign shall not exceed 100 sq. ft. of display area per sign face. Secondary free standing monument type signs shall not exceed 50 sq.ft. of display area per sign face. d. Monument signs are strongly encouraged. However, primary free standing signs shall not exceed 25 feet in height. Secondary free standing monument signs shall not exceed 15 feet in height. 3. Shopping Centers 100,001 Square Feet (GFA) and Larger shall be allowed the following: a. One primary free standing main sign. b. One secondary free standing monument type sign per each additional street; said secondary free standing sign shall be located on such additional street. c. Primary free standing sign shall not exceed 150 square feet display area per sign face. Secondary free standing monument type signs shall not exceed 50 sq.ft. of display area per sign face. Sign Guidelines, Page No. 14 (1-11-95) d. Monument signs are strongly encouraged. However, primary free standing signs shall not exceed 35 feet in height. Secondary free standing monument type signs shall not exceed 15 feet in height. 4. Office Developments, Business Parks and Industrial Parks 50,000 Square Feet (GFA) and Larger shall be allowed the following: a. One free standing sign per street, and located on such street. b. Free standing signs shall not exceed 50 sq. ft. of display area per face. c. Monument signs shall be required and shall not exceed 15 feet in height. D. Home Occupation Business 1. One permanent type free standing sign no more than two (2) square feet in area. E. Specific Plans 1. Businesses located within approved specific plans shall comply with the approved sign program provided for in Section 16.05, B. 16.11 SPECIAL CIRCUMSTANCE SIGNAGE A Institutional Uses 1. Institutional uses shall be permitted one sign per use, either wall or monument, not to exceed 32 square feet for a wall sign, and 50 square feet for a monument sign. Monument signs shall not exceed 15 feet in height. 2. Additionally, schools shall be permitted one marquee sign per street frontage, the area of which shall not exceed 75 square feet. Marquee signs shall not exceed 20 feet in height. B. Drive Through Fast -Food Restaurants 1. in addition to those signs permitted in Section 16.10 above, drive through fast food restaurants shall be permitted additional signage as follows: Sign Guidelines, Page No. 15 (1-11-95) vs6 a. One freestanding menu board, not to exceed 30 square feet, and 7 feet in height. b. One wall mounted menu board, not to exceed 15 square feet, located in the area of the drive through lane only. c. Directional signs, minimum number to provide adequate information. Signs shall not exceed 5 square feet, and shall be limited in copy to such terms as "enter," "exit," and directional arrows. C. Gas/Service Stations 1. Notwithstanding Section 16.10C above, Gas/Service Stations shall be permitted free standing signage as follows: a. Stations fronting on one street shall be permitted one sign, not to exceed 74 square feet, which shall include business identification and state mandated price identification signage. b. Stations fronting on two or more streets shall be permitted one sign per street frontage, not to exceed 74 square feet per sign, each of which shall include business identification and state mandated price identification signage. b. Special service signs are permitted up to a maximum of six per site, and located at the site of said special service provided said signs do not exceed 2 square feet. D. Special Event Centers (Skate Rinks, Theaters, Stadiums and the like whose activities and/or events change on a regular basis) 1. in addition to those signs permitted in Section 16.10 above, Special Event Centers shall be permitted additional signage as follows: a. Marquee sign, one per street frontage, either wall mounted or free standing, the area of which shall not exceed 50 percent of the allowable signage per sign type. Theaters with 3 or more screens, shall be permitted an additional 10 square feet of sign area per screen, up to maximum of 100 square feet. Sign Guidelines, Page No. 16 (1-11-95) b. Glass encasements for special advertisements shall be permitted to be affixed to the main building. Such encasements shall not exceed a width of 3 feet or a height of 4 feet, the number of which shall be approved by the Department of Community Developemnt. 16.12 GENERAL DESIGN CRITERIA A. Wall and roof/canopy signs shall be compatible with the predominant architectural and visual elements of the center or building. B. The use of English -type lettering (Indo-European linguistic symbols: a-z) shall be provided on all signs. Non -English -type symbols are permitted provided said symbols are accompanied by English -type lettering translating the meaning of the symbols. C. Where multiple signs are proposed, all signs shall be consistent in the type of construction material, letter size and style, and support method. The use of graphics is permitted provided the graphics are limited to the logo of the business or product being advertised. Graphics shall be included in the allowable sign or copy area. D. Where there is a center name or identification that is separate from the main tenant, said center name or identification shall be provided on the main freestanding sign and shall be included in the allowable sign or copy area. E. All free standing signs shall be placed in a landscaped area. The poles on free standing pole signs shall be architecturally treated so as to be consistent with the architecture of the building or center upon which the sign is located. F. Site address or range of addresses shall be included on the main freestanding sign. Address shall be delineated with a minimum of eight (8") letters and shall not be counted within allowable sign or copy area. Building mounted addresses shall be provided as required by the Fire Marshall. Sign Guidelines, Page No. 17 (1-11-95) of Mat S A N JACINTO 1..., .9� li 8.4. TO: Honorable Mayor and Councilmembers FROM: Pamela S. Easter DATE: February 2, 1995 RE: CONSIDERATION OF APPOINTING AN AD HOC RECYCLING COMMITTEE At the January 17 City Council meeting, the City Council decided not to consider an ad hoc Council recycling subcommittee in relation to the City -to -City recycling proposals. Instead, it was determined that I would bring the ad hoc committee issue back to the City Council, if circumstances warrant. I have been advised by Hemet City Manager Joe Guzzetta that the Hemet Council does intend to have a Council subcommittee involved in the City -to -City recycling program discussions with San Jacinto. Therefore, I wanted to bring this back to the Council for reconsideration. If the Council does want to have a Council subcommittee involved in the discussions with Hemet, then it would be appropriate to ask the Mayor to appoint an ad hoc committee. This is in keeping with Section 11.1.3 of Resolution 2194, that provides rules of procedure for Council meetings and related functions and activities. The section states "the Mayor shall appoint ad hoc subcommittees as deemed necessary and as such would not be required to meet requirements of the Brown Act." City Attorney Jim Cox has advised that the nature of the work that will be done by the committee would make it an ad hoc committee. Attachment S i rCD CJl 1. ll✓ 11 • ✓G ' .�' February 1, 1995 TO: Pamela Easter FROM: Jim Cox RE: Recycling Subcommittee Fax 65403728 Pam, I reviewed the Brown Act and believe that it would be acceptable for the Mayor to appoint an ad hoc committee to meet with Hemet officials toward establishing a program of services, and toward execution of the City -To -City Agreement. I do not believe that this committee would be subject to the notice and agenda requirements of the Brown Act. We ran into trouble last time on this issue when the appointed ad hoc committee substituted a member, thus involving more than a quorum of the Council. Once the program parameters are agreed and the City -To -City Agreement signed, and if the council subcommittees are continued, we will have to review this question, as such a committee would then probably be subject to Brown Act requirements_